HomeMy WebLinkAbout1.0 ApplicationBig Juniper
Accessory Dwelling Unit
Parcel ID# 2391-182-00-252
3765 County Road 103
Garfield County, Colorado
June 30, 2014
Prepared by:
The Land Studio, Inc.
365 River Bend Way
Glenwood Springs, CO 81601
Phone 970-927-3690
landstudio2@comcast.net
Prepared for:
Big Juniper LLC
c/o Michael Feigenbaum, Manager
132 Midland Ave. Suite 4
Basalt, CO 81621
2
Table of Contents
PRE -APPLICATION CONFERENCE SUMMARY 5
APPLICATION FORM 9
WAIVER REQUEST 11
OWNERSHIP INFORMATION 15
ADJACENT PROPERTY OWNERS 22
ADJACENT PROPERTY OWNERS MAP 23
PROJECT DESCRIPTION 24
VICINITY MAP 25
EXISTING CONDITIONS PHOTOS 26
SITE PLAN/LANDSCAPE PLAN 27
GRADING AND DRAINAGE PLAN 31
LANDSCAPE PLAN 31
IMPACT ANALYSIS 32
REZONING JUSTIFICATION REPORT 33
STATEMENT OF APPEAL 33
DEVELOPMENT AGREEMENT 34
IMPROVEMENTS AGREEMENT 36
TRAFFIC STUDY 36
WATER SUPPLY AND DISTRIBUTION PLAN 36
WASTEWATER MANAGEMENT AND SYSTEM PLAN 36
DIVISION 1. GENERAL APPROVAL STANDARDS 37
7-101. ZONE DISTRICT USE REGULATIONS 37
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS 37
7-103. COMPATIBILITY 37
7-104. SOURCE OF WATER 37
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS 37
7-106. PUBLIC UTILITIES 37
7-107. ACCESS AND ROADWAYS 38
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS 38
7-109. FIRE PROTECTION 38
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. 38
7-201. AGRICULTURAL LANDS 38
7-202. WILDLIFE HABITAT AREAS 38
7-203. PROTECTION OF WATERBODIES 38
7-204. DRAINAGE AND EROSION 38
7-205. ENVIRONMENTAL QUALITY 38
7-206. WILDFIRE HAZARDS 39
7-207. NATURAL AND GEOLOGIC HAZARDS 40
7-208. RECLAMATION 40
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS 40
7-301. COMPATIBLE DESIGN 40
7-302. OFF-STREET PARKING AND LOADING STANDARDS 40
7-303. LANDSCAPING STANDARDS 40
3
7-304. LIGHTING STANDARDS 40
7-305. SNOW STORAGE STANDARDS 40
7-306. TRAIL AND WALKWAY STANDARDS 40
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES 40
7-701. ACCESSORY DWELLING UNIT 40
EXHIBITS: 41
4
Pre -Application Conference Summary
GARFIELD COUNTY
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
PRE -APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2391-182-00-252 PRE -APP DATE: 11/27/13
(Updated 3/12/14 for new owner)
PROJECT: Accessory Dwelling Unit (ADU)
OWNER: Big Juniper LLC ZONING: Rural
PLANNER/REPRESENTATIVE: Doug Pratte, The Land Studio
PRACTICAL LOCATION: 3765 County Road 103 (aka. Crystal Springs Road)
ZONING: Rural (R)
COMPREHENSIVE PLAN: Residential Medium (6 to < 10 Ac/Du)
TYPE OF APPLICATION: Administrative Review for Accessory Dwelling Unit
I. GENERAL PROJECT DESCRIPTION
The County has been advised of new ownership of the property and this summary has
been updated accordingly. No other changes to the site and/or Applicant's proposals were
noted and the pre -application information below remains current based on the Garfield
County Land Use and Development Code.
The Applicant is interested in pursuing approvals for an accessory dwelling unit (ADU) on a
7.3 acre site. A single family dwelling already exists on the site. The lot was created in
2001 by the Lansburgh Subdivision Exemption and is known as Lot 2.
The ADU would be served by an existing well. The well permitting and any associated
contracts with a water conservancy district will need to authorize use of the well by two
dwelling units. The ADU can be attached or detached. A septic system will be required to
serve the new dwelling unit. The property is served by an existing access drive off of the
County Road. The driveway is also shared with an adjacent property.
5
The size of the unit was not clarified but would need to meet the square footage limitations
of Section 7-701 of the Land Use and Development Code.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
• Garfield County Comprehensive Plan 2030 as amended
• Garfield County Unified Land Use Resolution of 2008 as amended
c Article III, Zoning
• Rural Zone District - Lot/Building Requirements (Table 3-201) and Use
Table (Table 3-503)
o Article IV, Application and Review Procedures
• Administrative Review (Section 4-103)
• Common Review Procedures (Section 4-101)
• Table 4-102 Common Review Procedures and Required Notice
• Table 4-201 Application Submittal Requirements
• Description of Submittal Requirements (Section 4-203)
Article VII, Standards — Division 1 General Standards, Division 2 General
Resource Protection Standards, Division 3 Site Planning — as
applicable
• Standards Applicable to an Accessory Dwelling Unit (Section 7-701)
COMPREHENSIVE PLAN 2030
In Chapter 2, Future Land Use, the Garfield County Comprehensive Plan 2030 indicates
that ADU's shall be included in the Comprehensive Plan density recommendations. The
property is designated Residential Medium, RM (6 to < 10 Acres/DU). Analysis of the
density calculation and general conformance of the Application to the Comprehensive Plan
will be part of the development review process.
III. REVIEW PROCESS
In summary, the Application will follow the Administrative Review Process contained in
Sections 4-101 and 4-103 and Table 4-102:
1. Pre -application Conference
2. Submittal of Application (3 copies plus a copy on CD)
3. Determination of Completeness
4. If Technically Complete the Applicant will be notified and the request scheduled for a
Decision by the Director. If it is not Technically Complete the Applicant will be advised
of the deficiencies.
5. Additional copies of the Application are provided for referral agencies.
6. Applicant completes public notice mailing by certified mail to adjacent property owners
within 200' and mineral rights owners on the property. The mailing is required to be a
minimum of 15 days prior to the Director's Decision
7. Staff prepares a report including public and referral comments
8. Director's Decision
6
9. Ten day call-up period after which the action becomes final provided there are no
requests for a call-up by the Board of County Commissioners or requests for
reconsideration.
10. Once all conditions of approval are met the Director can issue the Land Use Change
Permit.
IV. ADDITIONAL DETAILS ON PROCESSING AND SUBMITTAL REQUIREMENTS
In addition to the submittal requirements documented in Table 4-102 and Section 4-203 the
following clarifications are provided.
• The pre -application discussion included the Review Procedures and Public Notice
requirements.
• A list of property owners within 200 ft. will have to be provided and said owners will
receive public notice of the date set for the Director's Decision. Information on mineral
rights ownership on the site will also be required and owners of mineral rights will also
receive public notice.
• A copy of a deed confirming the Applicant's ownership of the property also needs to be
provided along with any authorizations to represent and statements of authority
(typically required for LLC's and Corporations).
• The Application will need to demonstrate a legal and physical supply of water (water
supply plan). Water quality testing will also be required.
• The access driveway will need to comply with the County Roadway Standards
contained in Table 7-107 or waivers from specific standards may be requested.
• An updated County Road and Bridge access permit may be required.
• A waste water treatment plan with information on a proposed on-site waste water
treatment system (formerly known as an ISDS) will be required.
• The Application will need to address any natural hazards or soils constraints on the site.
• The Applicant may request waivers from submittal requirements in accordance with
Section 4-202 and from Standards in accordance with Section 4-118. Both sections
contain review criteria for approval of waivers which need to be addressed in the
application submittals.
• The Application should address compliance with the original subdivision exemption
approvals including conditions or plat notes.
• The pre -application discussion included the benefit of reviewing if there are any
covenants on the property that address ADU's.
V. APPLICATION REVIEW
a. Review by: Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing:
X Director (noticed but not a public hearing)
Planning Commission
_ Board of County Commissioners
Board of Adjustment
7
c. Referral Agencies:
May include but are not limited to Garfield County Road and
Bridge, Garfield County Attorney, Fire Protection District,
Garfield County Environmental Health Manager, Colorado
Division of Water Resources, Garfield Consulting Engineer.
VI. APPLICATION REVIEW FEES
a. Planning Review Fees:$ 250.00
b. Referral Agency Fees: $ TBD_ (consulting engineer/civil engineer fees)
c. Total Deposit: $ 250.00 (additional hours are billed at $ 40.50 /hour)
VII. GENERAL APPALICATION PROCESSING
Planner reviews the case for completeness and sends to referral agencies for comments.
Planner will contact the Applicant and set up a site visit. Planning Staff reviews application
to determine if it meets standards of review. Planner makes a recommendation of approval,
approval with conditions, or denial to the appropriate hearing body which in the case of
Administrative review is the Director of the Building and Planning Department.
VIII. DISCLAIMER
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right.
IX. PRE -APPLICATION SUMMARY PREPARED BY:
/2/L -
Glenn Hartmann
Senior Planner
4
Date
31�z(t�'
8
Application Form
4-203.6.1
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
TYPE OF APPLIGATIOI
M Administrative Review
O Development in 100 -Year Floodplain
O Limited Impact Review
O Development in 100 -Year Floodplain Variance
O Major Impact Review
O Code Text Amendment
❑ Amendments to an Approved LUCP
❑ LIR DMIR ❑ SUP
O Rezoning
❑ Zone District❑ PUD ❑ PUD Amendment
O Minor Temporary Housing Facility
O Administrative Interpretation
O Vacation of a County Road/Public ROW
O Appeal of Administrative Interpretation
O Location and Extent Review
O Areas and Activities of State Interest
❑ Comprehensive Plan Amendment
❑ Major ❑ Minor
O Accommodation Pursuant to Fair Housing Act
O Pipeline Development 0 Variance
O Time Extension (also check type of original application)
OWED PARTI
Owner/Applicant
Name: Big Juniper LLC c/o Michael Feigenbaum Phone: (970 )925-5196
Mailing Address: 132 Midland Ave. Suite 4
City: Basalt
E mail: michael@rfvlaw.com
State: CO Zip Code: 81621
Representative (Authorization Required)
Name: The Land Studio, Inc. / Doug Pratte Phone: (970 )927-3690
Mailing Address: 365 River Bend Way
City: Glenwood Springs
E_maiijjpratte@comcast.net
State: CO Zip Code: 81601
PROJECT 1
ATI
Project Name:
Big Juniper LLC Accessory Dwelling Unit
Assessor's Parcel Number: 2391 -182 _ 00
Physical/Street Address: 3765 County Road 103
Legal Description: attached
_ 252
Zone District: Rural (R) Property Size (acres): 7.3 Acres
PROJECT DESCRIPTION
Existing Use: A single family dwelling unit exists on the site.
Proposed Use (From Use Table 3-403): Accessory Dwelling Unit
Description of Project: The applicant proposes approvals to construct an ADU for the
7.3 acre site. A single family dwelling already exists on the site.
REQUEST FOR WAIVERS
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
Signature of Property Owner
i3-J17\uwir (91-2,--717-019
Date
OFFICIAL USE ONLY
File Number: _ _ _ _ - _ _ _ ! Fee Paid: $
Garfield County
PAYMENT AGREEMENT FORM
� Suta ; �x� L t -i✓
agree as follow:
GARFIELD C LINTY (COU TY) drip Properly C3 ner ("APPLICANT')
c GO t& I D , rv� k,. I, , J, Lo,.u, ?c-vt
1. The App1i nt has submitted tizthe County an application for the following Project;
-r.u.s so w�G l�� U 4 -
2. The Applicant understands and agrees that Garfield County Resolution No, 9809, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure,
3. The Applicant and the County agree that beta ire of the size, nature or scope of the
proposed project, itis not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established far the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for .publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee, If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
t hereby agree to pay all fees related to this application;
Billing Contact Pe oil:r 41A ., JAI Phone: { r IT� (2�j — 5-h6
Billing Contact l""),St
ess; 13 2- 1 twl 5 r.. , k Y
City: State: CO ZfpCode: c12.1
Billing Contact Email: , (iL t e r C) lc C,Z 1+-�
Printed Name of Person Authorised to Sign:
frdoe; 1
,fin-
vIAM nature f OA
l (Date)
,1 c„l i LLC/
11
Waiver Request
12
LAN D u
Iardace:a iNii =o:Jre and G vin n; oan•isn :; :lynrtng
345 River Bigtd Way • GGlerm ad Spriro. CO B1 G01 • Tal 9711927 3650 landsludi32@wonras9.nat
May 1.2, 2014
Mr. Glenn Hartmann. Senior Planner
Garfield County Building and Planning Department
i08 8111 St, Suite 401
Glemwxl Springs, CO 91801
Re: ADU Application for Parcel 2391.102.70-252
nefs: Rig Juniper, L.L.G.
Dear Glenn,
The Aocesstyy Dwelling Unit licani for Parcel 2391-182.00.252, Big Juniper L.L.G., would like to request
a waiver from the Roadway Standards as defined in Section 7.107 of the Garfield County Land Use and
Development Cede, and from the requirements of Section 4-203.1_ Traffic Study. There is currently a
primary residence built on Parcel 2391-182-07.252 that shares a driveway with the adjoining parcel to the
west also containing a primary residence. The physical address for Parcel 2391.152 •252 is 3765 County
Road 103 aka. Crystal Springs Road)
I'M Traffic Generation
The Institute of Transportation Engineefs' Summary of Trip Generation Rates for a Single Family Dead ed
House is averaged; ly traffic (ADT) of approximately 9.57 trps. As a result of the sharec driveway. the
traffic count for the erastirg driveway is approximately 19 ADM. With the addifion of an ADC!. the total
ADTs for this dared driveway will be over 28, or roughly one vehicle trip every 34 minutes during he day.
This estimate seems to be highly unikelyfor a rural resident from these homes. Typica y, rura residents
combine errands and leave the ^.cwse no more than a few times per day, and 39 AGS.; u ,;ili likely only
produce 1.12 the ADTs of the a.•ger homes_
The ADT for Coot,/ Road 103 s approximately 1,373 ADTe per the 'Average Daily Traffic County Roac
System 2002 Transportation Study, Garfield Corney, Colorado fritl s 'h ww.gatf a c-couiy.ccrrr'road-
iidge cocumentsradt name od{J_ Even with ADT of 9.57 the increase in traffic to CR 103 causes by the
proposed ADU is 0.7%.
Garfield County Roadway Standards
The Roadway 5tarco'ds in Table 7.107 of the Garfield County Land Use and Development Cade identify
the width for a roadway with 0.20 ADTe as a Primitive Roadway with a 12' width. Seca..a the requester
ADU will increase the driveway trip count beyond 20 ADTs, Tante 7.107 identifies the required roadway as a
Serri Primitive Roadway with a minimum width of 17".
The Land Stadion, IrrC.
13
Existing t rive:ay Conditions
The • n: drivewayis built ID n►eet the Primitive Roacw.ay standards all an ADT capacity of 24. It is 370'
cng,12 tc 15 wide plus a 1' grass shoulder, and las an emergencyvehide puiloutat it mid•pcintThe
driveway is flat, impro ed, arr i well maintained with no issues regarding the drainage. This has been more
than adequate over the years.
Waiver Request
The Applicant requests these waivers due to the very small increase in traffic 019 trre doveway associated
with an ADrt, and the less than 1% increase in traffic to CR 103. We believe that requiring a Traffic Study
and imposing a new driveway standard is not necessary, and in fart Would be out of character given the
rural nature and law Vac volumes of the area. We request that the driveway be allowed to remain .at its
current width of 12'•15' with a 1' grass shoulder and the a fisting emergency vehide puilout The Applicant
agrees toconlinue al shared maintenanceadvifies to assure Me driveway is in good driving condition.
Please call to discuss as necessary and thank you for pa attention to IMis request
Sincerely,
THE LAND STUDIO, INC
By:
7"c Lary;
2
14
Ownership Information
4-203.6.2
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Warrant' Deed
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LIMED uARmiTY COMPANY Graneee(s), E creel addem Is 132 MIDLAND AVENUE.. SUITE 4 BASALT, CO 67.621,
Calmly °FBI/a $, aad star of COLORADO, Or. roiltau•in5 zaIproptrty iA the CertM hi aiirlir ItL er11 SLIIe of Cdara1o, towdL
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2111 AND S[Iiti.5I QiJE7,Tf YEARS F D} SILIZLI F„T TO THOSE ITEMS iS AS SET VORTIi N QST "73' ATTACI1£U
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14y CABRiati.R SELMA& TRUSTE FOR hlkt TWO DEAL EMIT TRUST uttgagetral 7A. 2112
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15
Date: January 24, 2014
BIG JUNIPER LLC, A COLORADO LIM]TED LIABILITY COMPANY
L32 MIDLAND AVENUE. SUITE 4
BASALT, CO S1(121
Subject: Attached Title Policy GYir63008418
for 37155 COLNTY ROAD 103 CARBONDALE CO 51623
Enclosed please find the Owner's Tide Insurance Policy for your purchase of the.
property" listed above_
Ibis titre policy is the final step in your real estate transaction, and we want to take
a moment to remind you of its importance. Please review all information in this
document carefully and be sure to safeguard this policy along with your other legal
documents.
Your owner's policy insures you as long as you own the property and requires no
additional premium payments.
Please feel free to contact any member of our staff if you have questions or concerns
regarding your policy, or you may contact the Ficial Policy Department directly at
974-945-M _
As a Colorado -owned and operated title company for over 45 years, with offices
throughout the state, we take pride in serating our customers one transaction at a time.
We sincerely appreciate your business and welcome the opportunity to assist you with any
future real estate needs. Not only will Land Title he able to provide you with the tide
services quickly and professionally, but you may also be entitled to a discount on title
premiums if you sell or refinance the property described in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We
look forward to serving you again in the future.
Sincerely,
Land Title Guarantee Company
16
Form AO/ORT
LTG Policy No. OX63008418
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
Our Order No. GW63008418
Schedule A Amount $1,515,000.00
Property Address: 3765 COUNTY ROAD 103 CARBONDALE CO 81623
1. Policy Date: January 08, 2014 at 5:00 P.M.
2. Name of Insured:
BIG JUNIPER LLC, A COLORADO LIMITED LIABILITY COMPANY
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
BIG JUNIPER LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The land referred to in this policy is described as follows:
SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION
This Policy valid only if Schedule B is attached.
Copyright 2006-2013 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AML lilt
LAND l 1
ASSOCIAI lc,
17
LTG Policy No. 0x63008418
Our Order No. GW63008418
EXHIBIT "A" LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE NW 1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE
87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF OF SAID SECTION 18;
THENCE NORTH 88 DEGREES 49'50" EAST 404.60 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 88 DEGREES 49'50" EAST 368.79 FEET;
THENCE SOUTH 171.32 FEET;
THENCE SOUTH 80 DEGREES 51'17" EAST 64.68 FEET;
THENCE SOUTH 23 DEGREES 00'00" EAST 653.42 FEET;
THENCE NORTH 89 DEGREES 35'07" WEST 425.87 FEET;
THENCE NORTH 23 DEGREES 00'00" WEST 670.60 FEET;
THENCE NORTH 155.00 FEET TO THE TRUE POINT OF BEGINNING.
BEING THAT PROERTY SHOWN AS LOT 2, ON THE LANSBURGH LOT LINE ADJUSTMENT AND
SUBDIVISION EXEMPTION PLAT RECORDED MARCH 21, 2001 IN BOOK 1238 AT PAGE 991 AND
FIRST AMENDED PLAT THERETO RECORDED OCTOBER 10, 2001 AS RECEPTION NO. 589860.
COUNTY OF GARFIELD, STATE OF COLORADO.
18
Form AO/ORT
Our Order No. GW63008418
Schedule B
LTG Policy No. OX63008418
This policy does not insure against loss or damage by reason of the following:
1. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the
Public Records.
2. 2014 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
3. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 26, 1917,
IN BOOK 92 AT PAGE 306.
4. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED JULY 26, 1917, IN BOOK 92 AT
PAGE 306.
5. UNDIVIDED 1/32 PERPETUAL NON -PARTICIPATING ROYALTY IN ALL OIL, GAS AND
OTHER MINERAL RIGHTS, AS RESERVED IN INSTRUMENT RECORDED MARCH 25, 1966
IN BOOK 375 AT PAGE 50, AND ANY AND ALL ASSIGNMENTS THEREOF.
6. TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AGREEMENT
RECORDED MAY 30, 1986 IN BOOK 689 AT PAGE 155 AND RECORDED JUNE 4, 1986 IN
BOOK 689 AT PAGE 326.
7. TERMS, CONDITIONS AND PROVISIONS OF COOPERATIVE AGREEMENT FOR PERMANENT
DAMAGE PREVENTION FENCING RECORDED NOVEMBER 14, 1988 IN BOOK 744 AT PAGE
160.
8. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 01-14 RECORDED MARCH 20,
2001 IN BOOK 1238 AT PAGE 883.
9. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON PLAT OF SUBJECT
PROPERTY RECORDED MARCH 20, 2001 UNDER RECEPTION NO. 577902, AND THE
AMENDED PLAT RECORDED OCTOBER 10, 2001 UNDER RECEPTION NO. 589860.
10. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 25, 1985 IN
BOOK 664 AT PAGE 723.
19
Form AO/ORT
Our Order No. GW63008418
Schedule B
LTG Policy No. OX63008418
AMENDMENT TO EASEMENT MODIFICATION AND ROAD SHARING AGREEMENT RECORDED
JANUARY 8, 2013 UNDER RECEPTION NO. 845054.
11. TERMS, CONDITIONS AND PROVISIONS OF WATER ALLOTMENT CONTRACT RECORDED
JANUARY 14, 2003 IN BOOK 1426 AT PAGE 866.
12. TERMS, CONDITIONS AND PROVISIONS OF WATER LEASE AND AGREEMENT RECORDED
DECEMBER 02, 2003 IN BOOK 1543 AT PAGE 557.
13. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT
RECORDED MAY 27, 2004 IN BOOK 1591 AT PAGE 218.
14. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT-OF-WAY EASEMENT
RECORDED MAY 27, 2004 IN BOOK 1591 AT PAGE 220.
15. EASEMENTS AND RIGHTS OF WAY FOR THE NEEDHAM DITCH
16. TERMS, CONDITIONS AND PROVISIONS OF DRIVEWAY COVENANT RECORDED JULY 03,
2001 IN BOOK 1266 AT PAGE 98.
17. TERMS, CONDITIONS AND PROVISIONS OF WATER RIGHTS COVENANT RECORDED JULY 03,
2001 IN BOOK 1266 AT PAGE 95.
20
Land Title Guarantee Company
ENDORSEMENT INFLATION - 06
Case GW63008418
Policy 0X63008418
The Company, recognizing the current effect of inflation on real property valuation
and intending to provide additional monetary protection to the Insured Owner named
in said policy, hereby modifies said policy, as follows:
If there is a one -to -four family residential structure or condominium unit
on the Land at Date of Policy, the Amount of Insurance shown in Schedule A will
automatically increase by 10% on each of the first five anniversaries of the
Date of Policy.
This endorsement is issued as part of the Policy. Except as it expressly states,
it does not (i) modify any of the terms and provisions of the Policy, (ii) modify
any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount
of Insurance. To the extent a provision of the Policy or a previous endorsement is
inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the
Policy and of any prior endorsements.
Representing Old Republic National Title Insurance Company
21
Adjacent Property Owners
and Mineral Owners and Lessees
4-203.6.3
2391 182 00 253
Paul Luginbuhl
P.O. Box 950
Basalt, CO 81621
2391 074 00 951
Bureau of Land Management
2300 River Frontage Road
Silt, CO 81652
2391 118 200 251
Susan Proctor
3755 County Road 103
Carbondale, CO 81623
2391 118 200 152
Chair Vista LLC
132 Midland Ave., Suite 4
Basalt, CO 81621
22
Adjacent Property Owners Map
4-203.6.3
Big juniper L.L.
Property
23
Project Description
4-203.6.5
The applicant proposes to construct an accessory dwelling unit on a 7.3 acres site. A single family
home is currently located on the property. The lot was created in 2001 by the Landsburgh
Subdivision Exemption and is known as Lot 2.
The proposed ADU is to be constructed adjacent and northwest of the existing home which is 4328
s.f. of heated area according to current assessors information. The ADU is planned to be 3000 s.f.
or less in size, two stories, and configured as a 2 or 3 bedroom unit.
The proposed ADU will be served by an existing well which has been authorized for use by an
ADU. The onsite wastewater treatment system will be expanded as needed for the ADU. Access
to the property is by an existing access drive off of County Road 103.
24
Vicinity Map
4-203.0
25
Existing Conditions Photos
View of existing house
View of existing shared driveway
View of ADU location near garage
ADU location near existing garage
Point of shared driveway split
View of existing house from CR 103
26
Site Plan/Landscape Plan
4-203.D
27
Pinion Pine
7040
reseed all disturbed areas
with native grass seed
rn� Q
0 0
Gravel driv=way expansion
with 2 additi
•
r
Proposed 2 story
ADU with garage
below
al parking spaces
\
12" CULVERT
Big Juniper ADU
Site/Landscape Plan
3765 County Road 103
Parcel ID# 2391-182-00-252
May 12, 2014
0 15 30 60
\
90 north
EM
1
0
MECH. PADS
W
OD DECK
ammo&••••••••
••��••••••••6 S��bs i
z 1:3 =C
a •
0
L)
co
23.4
co
SINGLE FAMILY
6.5- 10.5r 3.6 RESIDENCE
X—
4404
$TONE WALK
3 0 10.5 Q
WOOD
ENTRY
C
0
SEPTIC FIELD
PORTS
o
x
NEEDHAM DITCH
0
m
34.6 0 0
10.5 4•
x
•s
co
0
0
UPPER WOOD
DECK
STONE PATIO
LOT 2
7.357 AC±
x
Prepared by The Land Studio, Inc.
365 River Bend Way, Glenwood Springs, CO 81601
970-927-3690 landstudio2@comcast.net
Survey information provided by Rocky Mountain Surveying, Carbondale, CO.
29
30
Grading and Drainage Plan
4-203.E
The applicant agrees to provide a grading and drainage plan for the proposed ADU site at the time
of submittal for building permit.
Landscape Plan
4-203.F
A Landscape Plan has been included as part of the Site Plan in the application showing areas of
revegetation and proposed planting.
31
Impact Analysis
4-203.G
1. Adjacent Land Use. Existing use of adjacent property and neighboring
properties within 1, 500 -foot radius.
The site is located in an area of agriculture, rural residential and public
lands. See attached map for Adjacent Land Owners.
2. Site Features. A description of site features such as streams, areas subject
to flooding, lakes, high ground water areas, topography, vegetative cover,
climatology, and other features that may aid in the evaluation of the proposed
development.
The site, which contains an existing single family residence, contains
some native vegetation and some planted landscape material. No lakes,
streams, or extreme topography exist on the parcel.
3. Soil Characteristics. A description of soil characteristics of the site that have
a significant influence on the proposed use of the land.
The applicant will conduct a site specific soils test in the location of the
proposed ADU prior to construction.
4. Geology and Hazard. A description of geologic characteristics of the area
including any potential natural or manmade hazards, and a determination of
what effect such factors would have on the proposed use of the land.
No natural or manmade geologic hazards exist in the location of the
proposed ADU, which is directly adjacent to the existing residence.
5. Groundwater and Aquifer Recharge Area. Evaluation of the relationship of
the subject parcel to Floodplains, the nature of soils and subsoils and their
ability to adequately support waste disposal, the Slope of the land, the effect
of sewage effluents, and the pollution of surface Runoff, stream flow, and
groundwater.
The proposed ADU is not located in an area of historically irrigated
lands, however an engineered wastewater management system will be
designed in connection with the existing residence.
6. Environmental impacts. Determination of the existing environmental
conditions on the parcel to be developed and the effects of development on
those conditions.
The proposed ADU will be located directly adjacent to the existing
residence and driveway. No new road cut or driveway will be required
32
to accommodate the ADU. By clustering the dwelling units on the
property there will be no direct impact on environmental resources
including native vegetation and wildlife habitat. No part of this
development will cause significant changes in the environment either
temporarily or long term.
7 Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke,
noise, glare or vibration or other emanations.
The proposed project would have no substantial temporary or long-term
adverse effect on noise, odors, or waste -generation. The proposed
development is too small to generate significant volumes of these
materials. Construction related noise effects are generally considered to
be temporary.
8. Hours of Operation. The Applicant shall submit information on the hours of
operation of the proposed use.
The project will be occupied as a residential accessory dwelling unit.
Rezoning Justification Report
4-203.H
No rezoning is proposed with this application.
Statement of Appeal.
4-203.1
Not applicable to this application.
33
Development Agreement
4-203.J
DEVELOPMENT AGREEMENT FOR BIG JUNIPER LLC ACCESSORY
DWELLING UNIT AND VESTED RIGHTS
This AGREEMENT, is made and entered into between the BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF GARFIELD, a body politic and corporate
(the "County"), and BIG JUNIPER LLC, a COLORADO limited liability company
registered to do business in Colorado ("Owner"). The County and Owner may hereinafter
be referred to collectively as the "Parties."
RECITALS
1. The Owner owns certain real property located in Garfield County, Colorado, more
particularly described in Exhibit 1 (the "Property").
2. The Owner has entered into a Land Use Application process with Garfield County
for Administrative Review of an Accessory Dwelling Unit located at 3765 County
Road 103, Carbondale, CO 81623.
3. On , , BIG JUNIPER LLC received approval for an
Accessory Dwelling Unit memorialized in Resolution No.
(recorded in the records of the Clerk and Recorder at Reception No.
4. The Development shall consist of a 3,000 SF Accessory Dwelling Unit per the
Land Use Application For Big Juniper LLC Accessory Dwelling Unit, and shall
constitute a "site-specific development plan" pursuant to CRS. Section 24-68-101,
et. seq. ("Vested Rights Statute"). In accordance with the Approval Resolution,
the Vested Rights Statute and Garfield County Land Use and Development Code
Section 4-203(J) and 2-202, the BOCC hereby grants and confirms unto the
Owner vested property rights, which shall run with the real property depicted on
the "Site -Specific Development Plan" for a period of five (5) years, that is until
, for and with respect to:
(a) all of those rights set forth in the Approval Resolution, as the same may be
amended from time to time; and
(b) the following specific rights existing under the Land Use and
Development Code as in effect on April , 2014:
(i) "Approval of this [Permit/Plan/Plat] shall create a vested property
right pursuant to Article 68 of Title 24, C.R.S., as amended."
5. In light of all relevant circumstances, including but not limited to the size of the
Development, the projected timing of development and the existing uses, the
height of the buildings shown in the Land Use Application deemed compliant
34
with the zone district height standard, parking as shown on the site plans, site
drainage, Floor Area Ratio and lot coverage, the Development shall be vested
against any changes in the Garfield County Land Use Code which may be
contrary to or in conflict with those rights described above. This Agreement shall
be considered a "development agreement" as that term is used in C.R.S. 24-68-
104, and shall include the right to develop and use the property identified on the
in the manner permitted in the Approval Resolution.
IN WITNESS WHEREOF the parties hereto have executed originals of this
Agreement effective the latest date of execution set forth below.
BOARD OF COUNTY COMMISSIONERS
OF
ATTEST: GARFIELD COUNTY, COLORADO
By:
Clerk
DATE:
STATE OF
COUNTY OF
) ss.
BIG JUNIPER LLC
By:
Its:
DATE:
The foregoing instrument was acknowledged before me this day of
, 2014 by , for BIG JUNIPER LLC.
MY COMMISSION EXPIRES:
Notary
Address of Notary
35
Improvements Agreement
4-2O3.K
There are no public improvements associated with this ADU application.
Traffic Study
4-2O3.L
The applicant requests a waiver from a Traffic Study. A letter requesting this waiver has been
included with this application.
Water Supply and Distribution Plan
4-2O3.M
An approval to expand the use of an existing well, permit #74753, in accordance with the Leonard
Lansburgh Augmentation Plan was approved by the Division 5 Water Court to allow use for one
single family dwelling and one ADU, as well as irrigation of 2,000 sq. ft of home gardens and
lawns.
The Well Permit and Augmentation Plan have been included as an Exhibit in this document.
Wastewater Management and System Plan
4-2O3.N
CHURCH Onsite Wastewater Consultants, LLC provided an evaluation of the existing onsite
wastewater treatment system to determine if flow from an ADU can be added to the OWTS The
included letter from COWC states It appears there is room to the east of the existing NDDS field for
additional drainfield area, additionally, COWD recommends installing a 1000 -gallon, 2 -
compartment septic tank near the ADU and a 500 -gallon dosing tank following the existing septic
tank.
The OWTS Design Use Evaluation has been included as an Exhibit in this document.
36
Division 1. General Approval Standards
7-101. Zone District Use Regulations
The property is zoned Rural (R) and meets all of the zone district dimensions as in Table 3-201 for
Lot and Building Requirements:
The lot size is 7.3 acres, where the minimum is 2 acres.
The maximum lot coverage is 15%. This proposal will create less than 2% lot coverage, with
approval and construction of the ADU.
Setbacks on the property are currently 430 feet for the front yard, 175 feet and 120 feet for the side
yard setbacks, and 275 feet for the rear yard setback. These setbacks are much greater than the
minimums, Front: 25' from local street; Side: 10 feet, and Rear: 25 feet. The existing large setbacks
will remain similar as the ADU will be located slightly south and west of the existing house.
The height of the proposed ADU will be under 25 feet.
Per Table 3-403 an ADU is a permitted use in the Rural zone district, subject to administrative
review.
7-102. Comprehensive Plan and Intergovernmental Agreements
The proposed ADU meets the goal in Chapter 3, Section 2, -Housing, which states: "providing a
range of housing types, costs, and tenancy options, that ensure for our current and future residents
affordable housing opportunities in safe efficient residential structures. "
The proposed ADU will provide safe, affordable housing while using existing infrastructure and
utilities provided for the main house thereby maintaining the character of the neighborhood.
The property is designated Residential Medium, RM (6 to 10 Acres/DU). The applicant is the
owner of two parcels contiguous to each other. One parcel is the proposed ADU parcel 2391-182-
00-252 of 7.3 acres. The other is directly across County Road 103 and is parcel 2391-182-00-152
consisting of 53.1 acres. The two parcels combine for a total of 60.4 acres. With the addition of an
ADU the two parcels would contain a total of 3 units creating a density of 1 unit per 20 acres, which
is in general conformance with the Comprehensive Plan Future Land Use Map.
7-103. Compatibility
The proposed ADU will not change the character or scale of the adjacent land uses which are rural
in nature.
7-104. Source of Water
See section 4-203.M
7-105. Central Water Distribution and Wastewater Systems
See section 4-203.N
7-106. Public Utilities
The existing residence is serviced by public utilities which will be extended to the proposed ADU.
The applicant will secure approval for extension of electrical service to serve the ADU at the time of
building permit.
37
7-107. Access and Roadways
Access to the proposed ADU will be from the same existing driveway used by the existing
residence which is located within a 40' access easement along the west property line.
7-108. Use of Land Subject to Natural Hazards
No identified Natural or Geologic Hazards exist on the property.
7-109. Fire Protection
The applicant agrees to maintain vegetation control on the property to minimize any potential
impacts from wildfire following State Forest Service guidelines for defensible space.
Division 2. General Resource Protection Standards.
7-201. Agricultural Lands
The proposed ADU will have no adverse affect to surrounding Agricultural Operations.
7-202. Wildlife Habitat Areas
The proposed ADU will be clustered with the existing house and will share the same driveway, thus
limiting any impact on native vegetation utilized by wildlife and allowing any existing migration
corridors to remain intact.
7-203. Protection of Waterbodies
No waterbodies exist on this property.
7-204. Drainage and Erosion
The applicant agrees to provide a grading and drainage plan for the proposed ADU site at the time
of submittal for building permit.
7-205. Environmental Quality
The proposed project would have no substantial temporary or long-term adverse effect on noise,
air pollution, odors, or waste -generation. The proposed development is too small to generate
significant volumes of these materials. Construction related noise effects are generally considered
to be temporary.
38
7-206. Wildfire Hazards
The proposed ADU is located in an area designated as low wildfire Hazard as shown on the
Wildfire Hazard Map for Garfield Co. Colorado, revision 6, 3-9-11. The site
is not on slopes greater than 30%. The applicant agrees to maintain vegetation control on the
property to minimize any potential impacts from wildfire following State Forest Service guidelines
for defensible space.
Carbondale
WILDFIRE DATA SOURCE:
1 Land Cover/Land Use Map, Leadville Quadrangle, US Geological Sur-
vey, 1;250,000, digitalArclnfa data retrieved from EPA Internet site (1982).
2 USGS 30m Digital Elevation Model (1987).
3 Standard for Protection of Life and Property from Wildfire, Technical
Committee on Forest and Rural Fire Protection, National Fire Protection
Association, (1991).
The wildfire hazard information depicted on This map was generated by
Garfield County GIS based on Colorado State Forest Service wildfire hazard
mapping practices. For a complete description of the methodology used, see
Wildfire Hazard Mapping: Garfield County GIS Development Methodology",
Hykys, Robert P., (1996).
Relative Wildfire Hazard
MU
Negfagibfel Lori'
!"de:errs ate
Moderate Extreme
Wildfire Hazard
Garfield County, CO
39
7-207. Natural and Geologic Hazards
No natural or manmade geologic hazards exist in the location of the proposed ADU, which is
directly adjacent to the existing residence.
7-208. Reclamation
The applicant agrees to revegetate any disturbed areas following construction of the proposed
ADU within one year of completion. A landscape/site plan has been included with this application.
Division 3. Site Planning and Development Standards
7-301. Compatible Design
The proposed ADU will be clustered with the existing house and will share the same driveway, thus
limiting any impact to the adjacent uses. Exterior materials will be similar to those of the existing
residence.
7-302. Off -Street Parking and Loading Standards
The proposed ADU will provide a minimum of 2 off-street parking spaces as required by the
Garfield County Land Use Code.
7-303. Landscaping Standards
All disturbed areas will be revegetated with a mix of native grass, trees and shrubs as noted on the
site plan. The applicant agrees to finish the revegetation planting within one year of completion of
the ADU.
7-304. Lighting Standards
The applicant agrees to the exterior lighting standards as required by the Garfield County Land use
Code.
7-305. Snow Storage Standards
The applicant has areas sufficient to store snow without impacting off-street parking or public
roadways.
7-306. Trail and Walkway Standards
No recreational or community facilities are applicable with this application.
Division 7. Additional Standards for Residential Uses
7-701. Accessory Dwelling Unit
A. Maximum Floor Area
The proposed ADU will be 3000 square feet or less of heated space.
B. Ownership Restriction
The applicant recognizes that the ADU is restricted to leasehold interest in the dwelling
unit and is for residential or Home Office/Business use only.
C. Compliance with Building Code
The applicant recognizes that the ADU construction shall comply with the standards set
forth in the Garfield County Land Use Code and the Garfield County Building Code.
D. Minimum Lot Area
The Lot size is 7.36 acres.
E. Entrance to Dwelling Unit
The proposed ADU will have a separate entrance as required.
40
Exhibits:
Well Pemit
Augmentation Plan
CHURCH Onsite Wastewater Evaluation
Improvement Survey
41
Form
No.
GWS -1 t
11/011
COLORADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 Sherman St., Ste 821, Denver, CO 80203
Main: (303) 866-3581 Fax: (303) 866-2223 dwrpermitsonline(a7state.co.us
For Office Use Only
RECEIVED
' JAN 8 0 G9D34
'4� C%
WATER RESOURCES
STATE ENGINEER
COLO
CHANGE IN OWNER NAME/ADDRESS
CORRECTION OF THE WELL LOCATION
Review instructions on the reverse side prior to completing the form.
Name, address and phone of person claiming ownership of the well permit:
Name(s): Big Juniper LLC
Mailing Address:
City, St. Zip: Basalt,
132 Midland Avenue, Suite 4
Colorado 81621
Phone Email Address:
This form is filed by the named individual/entity claiming that they are the owner of the well permit as referenced below. This filing is made
pursuant to C.R.S. 37-90-143. -
WELL LOCATION: Well Permit Number: 74753-F Receipt No.: Case Number. 01CW237
County Garfield County Well Name or # (optional) Sherwood Well
3765 County Road 103 ® Carbondale CO 81623
(Address)
NW 1/4 of the NW 1/4 Sec. 18 Twp. 7 F. N. or Ix
(City )
(State) (Zip)
Sixth P.M.
S., Range 87 ' E. or E# W.
N. or r S. 550
Distance from Section Lines: 260 Ft. From Ft
Ft. From ® E.
as follows:
NAD83; Unit must
, Filing/Unit
or MI W. Line.
be set to true north.
OR: GPS well location Information In UTM format. You must check GPS unit for required settings
Format must be UTM, r zone 12 or C zone 13 ; Units must be meters; Datum must be
Easting Northing
Subdivision Name
Lansburgh Lot 2 Block
The above listed owner(s) say(s) that he, she (they) own the well permit described herein. The existing record is being amended for the
following reasons: -
Change in name of owner E Change in mailing address ❑ Correction of location for exempt wells permitted prior to May 8, 1972 and
non-exempt wells permitted before May 17, 1965.
Please see the reverse side far further information regarding correction of the well location.
I (we) claim and say that I (we) (am) (are) the owner(s) of the well permit described above, know the contents of the statements made herein,
and stale that they are true to my (our) knowledge.
Sign or n the name s) of a n: w • A -r(s)
t
If signing print name & title
Kristin Moseley, Attorney for Big Juniper
Date (mm/dd/yyyy)
01/08/2014
It' the re- •o sibility of the ne!owner o h well pe • complete and/or sign this form. If an agent is signing or entering information
p ease see instructions.
Please send confirmation of acceptance of change in owner name/address via: U Email address listed above U US Mail
"'tCCE TE.uASAa&aANCIEa Fovvrd13B3.ciklCP
/ i `i d7 .t.t� D(o . it/AILING r IVOR SS
-i �_�,,y
II
State Engineer i By r Date
r
Form No.
GWS -24
APPLICANT
OFFICE OF THE STATE ENGINEER '
COLOaRAiaDOsDI VISION OFWATER
(sa+)
86e-3eal
gichr loi - rt
I
WELL PERMIT NUMBER 74769
DIV, 6 WD 38 DEB. BASIN
MD
NM TWO REAL ESTATE TRUST
C/0 PATRICK MILLER & KROPF PC
730 E DURANT AVE STE 200
ASPEN, CO 81811-
(870) 020-1028
CNANC4 ,. - : t -'OF USE. ORA
E
251064 FNes; 8u6dMLANSBURGH
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 114 NW 1/4 Seaton 18
Townshlp 7 S Range 87 W Slxlh P.M.
DISTANCES FROM SECTION LINES
200 Fl, from North Section Line
640 FL fivm West Seatlon Line
UTM COORDINATES (Meters Zone:13 NAD831
Faadng: ,._ Northing:
0
i)
2)
3)
4)
5)
5)
ISSUANCE OF THIS PERMIT DOES NOT CONFER R WATER RIGHT
CONDITIONS OF APPROVAL
.Thra well shall be used In such a way Oath cease Ito materiel Intury to exlsfing water rights. The issuance of this permit
dose not ensure that no f nJury will -occur to another vested water righter preclude another owner of a vested water right tram
seeking media a civil court action.
The construction of fide well shall he In compliance with the Water Well Construction Rules 2 CCR 402-2, Sees approval
of a variance has been granted by the Slate Board -of Examiners of Water Wall Construction end Pump Installation
Contractors In accordance with Rule 18.
Approved pursuant to CRS 37-90.137(2), to expand the use of an editing well constructed under permit no. eesm, an the
condition that this wee 1s operated In accordance with the Leonard Lansburgh Augmenteilon Plan spproved by the LINIelcn
5 Water Court In case no. 010W0237. Ift es well Is not operated In accordance with the terms of said decree. It will be
subject to administration Including orders to soiree diverting water. This wed la known as the Sherwood Well, BWCD
Contract No. 415.
The Issuance of this well permit hereby canasta permit no. 88339. •
Approved for aired on /I 'residential site of 7.55 acre(s) described es lot 2, Lansburgh Subdivision, Garfield County.
The use of ground water from this well Is Milted to ordinary household purposes inside one single family dwelling and en
attached dwelling unit, the Irrigation of 2,000 square feet of home gardens and lawns, and the watering of 8 heed of •
livestock.
7) The pumping rate of this well shall not exceed 15 GPM.
8) The annual withdrawal of ground water from this well shall nal exceed 1,02 acre-feet.
9) The return Bow from the use of dila well must be through en Individual Waste water disposal syetem of are
eon -evaporative type where the water Is returned to the name abeam system In which the well Is Marra.
10) The owner snail mark the wee In a conspicuous place with vied permit number(s), name of the Bauder, and noun case
number(s) as appropriate. The owner ahall take necessary meant end precautions to preserve these markings.
11) A totellang low meter must be installed on dile well end maintained In good working order. Permanent records of all
diversion mast be maintained by the well owner (recorded al least annually) end submitted to the Division Engineer by
November 15th of each year.
12) This well must be located not more than 200 feet ham the location speeded on this permit snd decreed In Division 5
Water Court wee no. 01CW0237(� 00,
APPROVED
JSC1
4'
41
Srateltggfduor
Recei(rt NlD.1tfg78t1. DATEASSLO 01-113.204.1 .r
(.1
EXPIRATION DATE
DISTRICT COURT, WATER DIVISION NO. 5, STA I E OF
COLORADO
109 - 8th Street, Suite 104
Glenwood Springs, CO 81601
A COURT USE ONLY A
IN THE MATTER OF THE APPLICATION FOR WATER
RIGHTS AND APPROVAL OF PLAN FOR
AUGMENTATION OF LEONARD LANSBURGH,
IN GARFIELD COUNTY, COLORADO
Porzak Browning & Bushong LLP
Michael F. Browning (#8217)
Kristin Howse Moseley (#28678)
929 Pearl Street, Suite 300
Boulder, CO 80302
Tel: 303-443-6800
Fax: 303-443-6864
Email: mfbrowning@pbblaw.com
kmoseley@pbblaw.com
Case Number: 0ICW237
Division: 5
RULING OF THE REFEREE AND DECREE OF THE WATER COURT
The above captioned application was filed on September 28, 2001, and was referred to
the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water
Judge of said Court in accordance with Article 92 of Chapter 37, Colorado Revised Statutes,
known as the Water Right Determination and Administration Act of 1969.
The undersigned Referee having made such investigations as are necessary to determine
whether or not the statements in the application are true, and having become fully advised with
respect to the subject matter of the application, does hereby make the following determination
and ruling as the Referee in this matter.
1. Application. This matter involves the Application for water rights and approval of plan
for augmentation of Leonard Lansburgh, P.O. Box 457, Carbondale, Colorado 81621, c/0 Kristin
Howse Moseley, Porzak Browning & Bushong, LLP, 929 Pearl Street, Suite 300, Boulder,
Colorado 80302.
khm1020
Division No. 5 Water Court
Ruling and Decree
Case No. 01CW237
2. Jurisdiction. All notices required by law have been duly given and the Court has
jurisdiciion over the application and all parties affected thereby, whether 01 not they have chosen
to appear.
3. Objectors. The Colorado Water Conservation Board ("CWCB") filed a statement of
opposition to the application, however, it has withdrawn its opposition in this case. No other
statements of opposition have been filed in this matter and the time for filing additional
statements of opposition has now expired.
4. Overview. Applicant is the developer of the Lansburgh Subdivision, which includes four
lots consisting of a total of approximately 30.71 acres in the Northwest Quarter of Section 18,
Township 7 South, Range 87 West of the 6th P.M, near Carbondale, Colorado. The water supply
for Lots 2, 3 and 4 of the Lansburgh Subdivision has been supplied by the Murphy Well and the
Sherwood Well. The Murphy Well was decreed absolute for domestic and livestock water
purposes at a rate of 0.033 c.f.s. on July 30, 1974 in Case No. W-2219, with an appropriation
date of April 18, 1973. Well Permit No. 68903 was issued for the Murphy Well on May 8, 1973
for 15 gallons per minute for domestic, livestock and irrigation purposes. The Murphy Well has
been utilized since 1973 for in-house domestic purposes inside one residence on Lot 4 of the
Lansburgh Subdivision, approximately 2,000 square feet of associated lawn and garden
irrigation, and stock watering purposes. The Murphy Well has also been utilized since 1979
inside one residence on Lot 3 of the Lansburgh Subdivision, approximately 6,000 square feet of
associated lawn and garden irrigation, filling of one outdoor swimming pool, and stock watering
purposes. The water supply for Lot 2 of the Lansburgh Subdivision is provided by the Sherwood
Well, which was issued Well Permit No. 68339 on April 11, 1973 for 15 gallons per minute for
in-house domestic use. Applicant desires through this application to: (a) augment the uses
associated with the Murphy Well and the Sherwood Well in order to ensure that the current uses
do not cause injury to senior water rights; (b) avow attached dwelling units ("ADUs") or
expanded square footage of the homes on each of Lots 2, 3 and 4; (c) allow up to 2,000 square
feet of outside lawn and garden irrigation and stock watering on Lot 2; and (d) add fire fighting
uses to both wells. The water supply for Lot 1 of the Lansburgh Subdivision is provided by Well
Permit No. 231034 and is not included in this application.
khm1020
-2-
Division No. 5 Water Court
Ruling and Decree
Case No. 01 CW237
5. Description of water rights to be adjudicated and augmented:
The Murphy Well.
Location. The Murphy Well is located in the NW1/4 NW1/4 of Section
18, T. 7 S., R. 87 W., 6th P.M., 170 ft. from the N. Section line and 1,070
IL from the W. Section line.
2. Source. Tributary to Cattle Creek, a tributary of the Roaring Fork River, a
tributary of the Colorado River.
Depth. Approximately 290 feet deep.
4. Amount Claimed. 15 g.p.m. (already decreed in Case No. W-2219) and
2.37 acre feet per year.
5. Use or proposed use. The Murphy Well is already decreed for domestic
and stock watering purposes associated with Lot 4. The Applicant seeks
to add irrigation and fire fighting as additional decreed uses to Lots 3 and
4, and domestic and Stock watering purposes to Lot 3.
6. Appropriation Date.
a. May 8, 1973 for absolute domestic, stock watering and irrigation
purposes on Lot 4 (date of Well Permit No. 68903).
b. March 20, 2001 for conditional firefighting purposes on Lots 3 and
4, and for conditional domestic, stock watering and irrigation
purposes on Lot 3 (initiated by planning and engineering studies
and formation of the intent to divert and apply water to these uses).
B. The Sherwood Well.
Location. NW 1/4 NW 1/4, Section 18, Twp. 7 S., Rng. 87 W., 6th P.M.,
260 ft. from the N. Section line and 550 ft. from the W. Section line.
2. Source. Tributary to Cattle Creek, a tributary of the Roaring Fork River, a
tributary of the Colorado River.
3. Depth. Approximately 195 feet deep.
khm1020
Division No. 5 Water Court
Ruling and Decree
Case No. 01 CW237
16m1020
4. Amount Claimed. 15 g.p.m., 1.02 acre feet per year.
use or proposed use. Domestic, irrigation, and stock watering purposes.
6. Appropriation Date.
a. April 11, 1973 for absolute domestic purposes (date of Well Permit
No. 68339).
b. March 20, 2001 for conditional irrigation, stock watering and fire
fighting purposes (initiated by planning and engineering studies
and formation of the intent to divert and apply water to these uses).
Description of the sources of augmentation water
A. Basalt Water Conservancy District Contract ("BWCD") for Ruedi Reservoir in
the amount of 0.42 acre feet ("A.F.").
Source and location: Frying Pan River, a tributary of the Roaring Fork and
Colorado Rivers in Sections. 7, 8, 9, 11 & 14-18, T. 8 S., R. 84 W. 6th
P.M. in Eagle & Pitkin Counties.
2. Adjudication Date: June 20, 1958.
3. Appropriation Date: July 29, 1957.
4. Case No.: CA 4613, Garfield County District Co
5. Amount: 140,697 acre feet.
6. Uses: generation of electricity, domestic, municipal, industrial, irrigation,
piscatorial and stock watering.
In Case No. 81CW34, Ruedi Reservoir obtained a refill right for 101,280 a.f.
conditional.
B. .70 A.F. of Carbondale Land Development Company ("CLDC") consumptive use
credits as decreed in Case No. 79CW097 from the following Park Ditch and Reservoir
Company water rights:
-4-
Division No. 5 Water Court
Ruling and Decree
Case No. 01 CW237
PARK DITCH WATER RIGHTS
Ditch
Decreed
Amount
(cfs)
Priority
No.
Decreed
Loc., Sec. 7,
T7W, R87W
h Adjud.
Date
Approp.
Date
C.A.
Park Ditch
9.0
221A
NW/SW/SE
6/26/1913
9/12/1904
1627
Park Ditch
4.1
232
NW/SW/SE
6/09/1916
7/01/1912
1821
Park Ditch
1.8
221A
NW/SW/SE
6/26/1913
9/12/1904
1627
Park Ditch
2.0
232
NW/SW/SE
9/05/1918
7/01/1912
1973
Landis
Canal - alt.
point of
Park Ditch
80CW113
130
718
NW/SW/SE
6/20/1958
7/29/1957
4613
CONSOLIDATED RESERVOIR WATER RIGHTS
Structure
Decreed
Amount
(a.f.)
Priority
No.
Decreed
Loc., Sec. 7,
T7W, R87W
Adjud.
Date
Approp.
Date
C.A.
Consolidated
Reservoir
595.0
8B
NE/NE
2/15/1921
9/08/1898
2144
Consolidated
Reservoir
285.6
678
NE/NE
6/20/1958
9/01/1948
4613
Consolidated
Reservoir
401.0
754
NE/NE
11/5/1971
9/01/1948
5884
khm 1020
Description of the plan for augmentation.
A. Depletion Assumptions. Applicant's engineer estimates that the total withdrawals
from the Murphy Well and the Sherwood Well will not exceed 3.39 A.F. per year and the
total depletions will not exceed 1.07 A.F., based on the following conservative
assumptions:
-5-
Division No. 5 Water Court
Ruling and Decree
Case No. 01CW237
1. Water in each individual residence or residence / ADU combination on
Lots 2, 3, and 4, will serve 7 people, year round, with each person requiring 100
gallons per day. Wastewater from this use will be tcated in conventional septic
tanks and leach fields with a resulting depletion of 10%. Lot 3 also has an
approximately 1,300 square foot swimming pool that is assumed to have
evaporative losses of 0.078 A.F. per year. Consumptive use associated with the
domestic use in the residences on Lots 2, 3 and 4 is estimated to be .24 A.F. per
year.
2. Lots 2 and 4 will have approximately 2,000 square feet of outside lawn
and garden irrigation each, and Lot 3 will have approximately 6,000 square feet of
outside lawn and garden irrigation. Total irrigation water demands were
estimated to be 0.65 A.F. per year assuming a crop demand for grass of 1.99 A.F.
per acre and an application efficiency of 70 percent. Consumptive use associated
with the outside lawn and garden irrigation on Lots 2, 3 and 4 is estimated to be
0.46 A.F. per year.
3. Watering of up to 6 head of livestock per Lot will require and fully
consume approximately 15 g.p.d., for a total annual diversion requirement of
0.302 A.F., all of which will be completely consumed.
The table attached as Exhibit A hereto is illustrative of the projected diversions and
consumptive use requirements.
B. The Applicant seeks the right to divert water out of priority on a year-round basis
from the water rights and wells described in paragraph 3 above for domestic, irrigation
and stock watering purposes. To permit the requested out of priority diversions
hereunder, the Applicant proposes to cause the release of, or otherwise commit to the
Roaring Fork River and Cattle Creek drainage basins, an amount of water from the water
rights described in paragraph 4 equal to the resulting out of priority depletions totaling
1.07 A.F. per year.
Water from the CLDC contract will be released directly to Cattle Creek during the
irrigation season and, as described in paragraph 4, consists of interests in the Park Ditch
and Reservoir Company that were changed to augmentation uses in Case No. 79CW097.
CLDC consumptive use credits were developed from the dry up of historic irrigation
lands under the Park Ditch, and are not available during the non -irrigation season. Water
released by the BWCD Contract from Ruedi Reservoir will augment water rights on the
Roaring Fork and Colorado Rivers during the non -irrigation season. The Colorado Water
Conservation Board ("CWCB") has determined, and the Court hereby finds, that the
khm 1020 -6-
Division No. 5 Water Court
Ruling and Decree
Case No. 0ICW237
claimed water rights fall within the 1% de minimis impact calculation on Cattle Creek
and therefore will not injure the CWCB's instream flow rights on Cattle Creek.
Well pumping and instantaneous depletions will vary from month to month.
However, due to the distance of the Murphy Well and the Sherwood Well from the
stream, the well withdrawals will be "dampened out" and actual stream depletions are
calculated to be 0.080 a.f. per month on a year-round basis.
In order to simplify administration of the augmentation plan, Applicant will
provide CLDC credits during the irrigation season (April through October) to Cattle
Creek in the amounts set forth in the attached Exhibit B. Augmentation water for the
remaining months (November through March) will be provided to the Roaring Fork River
from Ruedi Reservoir under the BWCD Contract in the amounts set forth in Exhibit B.
The Applicant has requested a 5% increase in the amount of BWCD Contract
water from Ruedi Reservoir above the estimated demands to cover transit losses which
might be required by the Division No. 5 Water Engineer. Therefore, the total BWCD
Contract is for .42 acre-feet per year. The Applicant also agrees to increase the amount of
the BWCD and /or CLDC Contract water in the future if the Division No. 5 Water
Engineer determines that additional transit losses must be covered in order to protect
senior water rights. Transit loss is assessed in accordance with C.R.S. §37-38-101, §37-
80-102(7) and §37-83-104.
C. Operation of the augmentation plan as described above will prevent injury to other water
users that might otherwise result from out of priority diversions by the Murphy Well and the
Sherwood Well.
8. Retained Jurisdiction. The Court shall retain jurisdiction over the plan for augmentation of
water rights pursuant to C.R.S. § 37-92-304(6), for reconsideration of injury to the vested rights of
others for a period of five years from the date of entry of this decree. Any party desiring the Court
to reconsider the question of injury must file a verified petition with the Court, setting forth the facts
that cause such injury and the claimed injury. The party lodging the petition shall have the burden
of proof to establish the facts and injury alleged in the petition.
9. Terms and Conditions.
A. The Applicant or his successors in interest must apply for and maintain valid well
permits pursuant to C.R.S. §37-90-137 and this plan for augmentation.
khm1020
-7-
Division No. 5 Water Court
Ruling and Decree
Case No, 0ICW237
B. The timing and amount of any releases of the augmentation water described in
Paragraph 6 shall be made at the discretion of the Division Engineer.
C. Prior to the augmentation plan being effective and prior to the issuance of any well
permits, the Applicant must provide the Division Engineer with copies of separate approved
contracts from the Basalt Water Conservancy District for the Murphy and Sherwood Wells, and
copies of separate approved contracts from the Carbondale Land Development Company for the
Murphy and Sherwood Wells. Said contracts must include an adequate amount of replacement
water.
D. The Applicant or his successors in interest shall install measuring devices and provide
accounting as required by the Division Engineer for the operation of this plan. Furthermore, separate
annual reports pertaining to augmentation of the Murphy and the Sherwood Wells must be filed with
the Division Engineer by November 15th of each year, which summarize the diversions and
replacements made under this plan for augmentation.
E. Pursuant to C.R.S. § 37-92-305(8), the state engineer shall curtail all out -of -priority
diversions, the depletions from which are not so replaced as to prevent injury to vested water rights.
The Referee does therefore conclude that the application for water rights described in
paragraph 5 and the plan for augmentation described in paragraph 7 are hereby approved, subject to
the terms and conditions provided for herein.
The conditio .1 water rights decreed herein are continued in full force and effect until
January If the Applicant desires to maintain the conditional water rights, an
application for a finding of reasonable diligence shall be filed on or before that date, or a showing
shall be made on or before then that the conditional water rights have become absolute water rights
by reason of the completion of the appropriations.
It is accordingly ORDERED that this ruling shall be filed with the Water Clerk subject to
judicial review.
It is further ORDERED that the State Engineer issue well permits for the Sherman Well and
the Murphy Well under the terms of this decree, and pursuant to the statutory requirements of C.R.S.
§ 37-90-137(2).
khm1020
-8-
Division No. 5 Water Court
Ruling and Decree
Case No. 0ICW237
It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division
Engineer and State Engineer.
Dated this '.Jayof Lea..41.4.) , 2003.
BY THE REFEREE:
Daniel B. Petre
Water Referee
Copy of the forgoing mailed to all Counsel
of Record -Wt Reft, Div. Engineer
and State Engineekfate
fliusrittu P,Inrk Water Divt: 5
4,}de
No protest was filed in this matter. The foregoing ruling is confirmed and approved and is made the
judgment and decree of this Court subject to the Court's period of retained jurisdiction set forth
herein.
Dated this day of
BY THE COURT:
, 24443,-.
homas W. Ossola
Water Judge
khm 1 020
-9-
Copy of the forecoing maileria ati Counsel
of Recorc14;kier Reie Or. Engineer
and Siete Engince le /P9 "
riptititv)
Dorman: Ottmii
EXHIBIT A
Lansburgh Exemption Estimated. Water. Requirements
Us
0 of EOR, (3 Res/3 AOl islPoo 6.0 EO Rs L
N personehesldencs 3.5 cap/E00 0
gatton dperson/dsy 100 Opal 6 goI sfperson/day
Penton! Consumer, 10% Perc nl Canaened
Lawn initiation 2000.6000 sq-bhN.b 0 of loft
Application Efficiency 70% Pool
Crop trriti regmnt (CIR) 1.99 11
6.0 Lot 2
15 oral Lot 3
ttlO% 1.014
3
1,300 aq 6 Application Elbclaney
Crop brig rerFrtnl (CIR)
21.100
6000
2900 w II
woo e0
►0%
Water Use Calculations
'1.09 6
Month
(11 (�1 (3) (41 (5) (s1 .' 17) (°)
Domestic Lawr,' livestock pool Average Domestic . Lawn Livestock pool Aver,!
In-house irrigati»n reap Total Flow M -house .irrigation wap 7o1a1 Flow
(ac.41) (sc-tt) lac -n) (sa) 001) Wpm) (acdi1 . ' (ac -N) . (ac -11) (ac -l1) (ec•11)
191
January
February
March
April
May
June
July
August
September
October
November
December
0.20 0.0 0.028 0.000 0.23 .1.6 0.02. 0.00 0.026 0.000 0.04 0.33
0.16 0.0 0,023 0.001 0.20 1.7 ' 0.02 0.00 0.023 0.001 0.0,1 0.34
0.20 0.0 0.028 0.004 0.23 1.7 0.02 0,00 .0.028 0.004 . 0,011 0.38
0.19 0.02 0.025 0.007 0.25 1.9 0.02 0.01 0.025 0.007 0.0" 0.49
0.20 0.12 0.025 0.010 0,36 2.6 0.02 0.09 0.026 0.010 0.11. 1.04
0.49 0.16 0.025 0.014 0.39 2.9 0.02 0.11 0.025 0.014 0.17 4.27
0.20 0.15 0.026 0.014 0.39 2.6 0.02 0.10 0.026 0.014 0.10 1.20
0.20 0.10 ' 0.028 0.011 0.33 2.4 0,02 0.07 0.026 0.011 0.13. 0.91
0.19 0.06 0.025 0.009 0.31 2.3 0.02 0.06 0.025 0.009 0.11 0.63
0.20 0.03 0.026 0.005. 0.26 .1.9 0.02 0,02 0.026 0.005 0.07 0.50
0.19 0.00 0.025 0.002 0.22 1.7 0,02 0.00 0.025 0.002 0.05 ' 0.35
0.20 0.0 0.020 0.000 0.23 1.8 0.02 0.00 0,026 Mono 0.05 0.33
Annual {1 2.35 0.05 0.302 0.070 3.36 3.10 ii 0.24 0.40 0.30 0.016 1.07 0.66
26 -Mar -02
2antansee 1 Asser, ire.
WNsr Resources Endnews
Gemmed 6orbga, CO
Jabs 20725 eenNe20et,we4
EOR
Single Fenny Residences
AOA
1,300 sq 6 swimming poo
3,00
3.00
EXHIBIT B
Reservoir Release Requirements
Month
InsbnUneou$ Cl. CD BWCD
DaplatIon Contract Contract
BWCO
Conlmt.
Plus 5%
January
February
March
Apnl.
N by
Juno
July
Auru3I
Scpietnbcr
October
November
December
Annual
0.05
0.04
0.05
0.07
0,14
0.17
0,16
0.12
0.11
0.07
0.05
0.05
1.07
0.00
0.00
0.00
0.10
0.10
0.10
0.10
0.10
0.10
0.10
0.00
0.00
0.70
0.08
0.08
0.08
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.08
0.08
0.400
0.084
0.084
0.084
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.084
0.084
0.420
CHURCH OMC, LLC
Onsite Wastewater Consultants
May 7, 2014
Brandt Feigenbaum, PC
Attn: Mr. Michael Feigenbaum
132 Midland Ave. Suite 4
Basalt, CO 81621
Subject: OWTS Use Evaluation
3765 CR 103
Garfield County, Colorado
Job No. B1026
Mr. Feigenbaum,
As requested, CHURCH Onsite Wastewater Consultants, LLC (COWC) is providing an evaluation of
the sizing of the existing onsite wastewater treatment system (OWTS) at the subject site to
determine if flow from an additional dwelling unit (ADU) can be added to the OWTS. Church &
Associates, Inc. prepared OWTS design documents under Job No. 15025W dated June 10, 2002.
STING IMPROVEMENTS
The original OWTS was designed to accommodate a 4 bedroom residence. A four bedroom
residence is currently served by the OWTS. The OWTS consists of a building sewer flowing to a
1,500 -gallon, two-compartment concrete septic tank with a Biotube pump vault in the second
compartment. The pump distributes effluent to a distribution manifold that splits flow between four
12 -feet by 100 -feet sections of non -pressurized drip dispersal system (NDDS) fields.
PROPOSED CONSTRU ON
A 2 or 3 bedroom additional dwelling unit is proposed to the northwest of the existing 4 -bedroom
residence on the property. The average wastewater flow for a six -bedroom residence is 900 gallons
per day (GPD). The average wastewater flow for a seven -bedroom residence is 1,050 gallons per
day (GPD). The existing NDDS field area is to the south of the house.
SUBSURFACE COND ONS
The subsurface investigation for the original design was performed by H.P. Geotech by digging three
percolation holes, 58 to 60 inches deep, and one profile pit. Subsurface materials in the profile hole
consisted of 1 foot of topsoil, underlain by sandy, silty clay with scattered gravel and cobbles to the
maximum depth explored of 8 feet. No ground water was encountered. Percolation tests indicate
percolation rates of 60 to 180 minutes per inch (MPI). The average percolation rate was 100 MPI.
EVALUATION
The septic tank volume required for six or seven bedrooms are 1,750 -gallons and 2,000 -gallons,
respectively. COWC recommends installing a 1,000 -gallon, 2 -compartment septic tank near the ADU
and a 500 -gallon dosing tank following the existing septic tank. The ADU septic tank and the existing
P.O. Box 18796, Golden, CO 80401 Voice 720-898-3434 FAX: 720-898-3455
OWTS Design Use Evaluation, B1026
May 7, 2014, Page 2
septic tank will gravity flow to the dosing tank. The existing Biotube pump vault shall be moved to the
500 -gallon dosing tank.
The NDDS field was originally sized using the formula: Q (Average Flow) x 1.5 x 1.6 x 1.17 x 0.75 / AR
(Application Rate). The application rate of 0.24 gallons/SF/day was used based on the average
percolation rate of 100 MPI. The system was sized for 4 -bedrooms
February 24, 2014 Colorado Professionals in Onsite Wastewater (CPOW) provided a guidance
document for sizing NDDS that Colorado Department of Public Health and Environment (CDPHE)
approved. The current NDDS sizing formula is NDDS Area = Q (Design Flow) x 2.15 / LTAR (in
gallons/day/square foot). For this site an LTAR of 0.15 would be used to correspond to the 100 MPI
percolation rate. The estimated required NDDS area for an additional two bedrooms would be 4,300 SF
and the area required for three bedrooms would be 6,450 SF.
If Garfield County requires that the field area is resized for the entire flow instead of just sizing the
additional area based on the additional bedrooms the required field area for six bedrooms and seven
bedrooms would be 12,900 SF and 15,050 SF or an additional 8,100 SF and 10,250 SF.
It appears that there is room to the east of the existing NDDS field for additional drainfield area. The
area should be surveyed to determine how much area is available. The field must be located a
minimum of 25 feet from the ditch on the property and minimum 10 -feet from the property line. The
new field must be at least 100 -feet from the existing onsite well. The estimated sizing is based on the
previous subsurface investigation. Test pits shall be excavated in the proposed drainfield area to
determine if the soil in that area is the same as the original drainfield area for the design of the
upgrade.
This letter provides information from evaluation of the existing and proposed design flow
calculations and capacity of existing components. This evaluation is not a design. No visits to the
subject site were made by COWC. COWC recommends that an inspection of the OWTS by a NAWT
certified inspector be conducted to verify that all components of the OWTS are in working order.
This letter does not imply a warrantee or guarantee of materials or workmanship. Without
continuous observation of the installation process, COWC is not able to assure that elements of the
system comply with the intended functionality of the original design documents.
If there are questions, please call.
Sincerely,
CHURCH Onsite Wastewater Consultants, LLC
Kathryn E. Carney, M.S., P.E.
Principal
2 copies sent
Copy to: The Land Studio, Attn: Ms. Julie Pratte, 365 River Bend Way, Glenwood Springs, CO 81601
BRASS CAP
N.W. S.18 T.75. R87W.
404.60'
REBAR AND
YPC LS# 14111
BUREAU OF LAND MANAGEMENT
W
0
0
0
0
0
0
Z
REBAR AND
YPC LS#'14111
LOT 1
0
0
1.6
u7
—7060— —
—7050-
7040
N8849'50"E
368.79'
REBAR AND
YPC LS# 14111
125.0'
HATCHING DENOTES
NON—DEVELOPMENT AREA
REC. NO. 589860
ird
L
S00°00'00"E
MECH. PADS
REBAR AND 64,68,
YPC LS# 14111
x
�••�airar
�•W OD DECK
••
••
a •
••
•
•
•
OR
t
/020_,
SINGLE FAMILY
gas RESIDENCE
N
12" CULVERT
S'reNt
o
\ \ o
SEPTIC FIELD
PORTS
40.0'
ACCESS EASMENT
(495.00' LENGTH)
BK. 1238 PG. 991
20.0'
NEEDHAM DITCH
x
OO
UPPER WOOD
DECK
STONE PATIO
l[40r? 2
7.357 AC± x
x
x
I P 0 VE I ,PENT SURVEY
LOT 2
FIRST AMENDED PLAT OF LANSBURGH LOT LINE ADJUSTMENT
AND SUBDIVISION EXEMPTION
GARFIELD COUNTY, COL ORAD O
REBAR AND
YPC LS# 14111
20.0'
x
HATCHING DENOTES. .
NON—DEVELOPMENT AREA
REC. NO. 589860
W
0
x
x
x
x
x
REBAR AND
YPC LS# 14111
WIT. COR.
COUNTY ROAD 1_03
h
REBAR AND ALC
LS# 33645
ohp x
bhp x
ohp x && . bhp x. bhp
N89°35'078W 425.87'
❑ 20 40 80
1" = 40'
NOTES:
1) LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATED IN THE NW 14 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE
87 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 18;
THENCE N88'49'50"E 404.60 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N88°49'50"E 368.79 FEET;
THENCE SOUTH 171.32 FEET;
THENCE 580'51'171'E 64.68 FEET;
THENCE S23'00'00"E 653.42 FEET;
THENCE N89'35'07"W 425.87 FEET;
THENCE N23'00'00"W 670.60 FEET;
THENCE N155.00 FEET TO THE TRUE POINT OF BEGINNING.
BEING THAT PROPERTY SHOWN AS LOT 2 ON THE LANSBURGH LOT LINE ADJUSTMENT
AND SUBDIVISION EXEMPTION PLAT RECORDED MARCH 21, 2001 IN BOOK 1238 AT PAGE
991 AND FIRST AMENDED PLAT THERETO RECORDED OCTOBER 10, 2001 AS RECEPTION
NO. 589860.
2) BASIS OF BEARING:
A BEARING OF S 18'18'30"E BETWEEN A FOUND GARFIELD COUNTY SURVEYOR BRASS CAP
BEING THE N.W. CORNER OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE
6TH. P.M. AND A REBAR AND ALU. CAP LS# 5933 BEING THE WESTERLY ANGLE POINT
SAID SUBDIVISION.
3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR. TITLE
INFORMATION RELIED UPON FOR THE PREPARATION OF THIS SURVEY FURNISHED BY LAND
TITLE GUARANTY COMPANY, ORDER NO. GW63008418, DATED 11/6/2013.
4) UNIT OF MEASUREMENT FOR THIS SURVEY IS THE U.S. SURVEY FOOL
5) POSTED ADDRESS IS 3765 CRYSTAL SPRINGS RD.
6) PROPERTY SUBJECT TO HOLY CROSS UNDERGROUND RIGHT—OF—WAY EASEMENT AS
RECORDED IN BOOK 1591 AT PAGE 220.
7) ACCORDING TO FEMA FIRM PANEL 0802051500B, PARCEL IS CONSIDERED TO BE IN
ZONE X AND OUTSIDE THE 500 YEAR FLOOD PLAIN.
8) PROPERTY SUBJECT TO EASEMENTS AND RIGHTS OF WAY FOR THE NEEDHAM DITCH.
9) CONTOUR INTERVAL IS TWO (2) FEET.
EM
LEGEND
INDICATES FOUND MONUMENT AS DESCRIBED.
YPC YELLOW PLASTIC CAP
ALC ALUMINUM CAP
ELECTRIC METER
O TELEPHONE RISER
(7:h POWER POLE
—ohp OVERHEAD UTILITY LINE
WELL HEAD
0
.t x
ELECTRIC TRANSFORMER
BURIED SEPTIC TANK
BURIED PROPANE TANK
x FENCE LINE
SURVEYOR'S CERTIFICATE
I, MICHAEL P. LAFFERTY, HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS AN
IMPROVEMENT SURVEY PLAT PERFORMED UNDER MY SUPERVISION ON 11/2013 OF THE
ABOVE DESCRIBED PARCEL OF LAND. THE LOCATION AND DIMENSIONS OF ALL
IMPROVEMENTS, EASEMENTS, RIGHTS—OF—WAY IN EVIDENCE OR KNOWN TO ME AND
ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN.
MICHAEL P. LAFFERTY PLS. # 37972
Rocky Mountain Surveying
DATE:
4133 crystal springs rd
carbondale co 81623
phone 970-379-1919
fax 970-963-5873
Iaff@sopris.net
DATE SURVEYED: 08/2005
REVISED: 11/2013, 04/2014
FILE NO: 05554
CLIENT: BIG JUNIPER LLC
NOTICE: According to Colorado law you must commence any legal action based
upon any defect in this survey within three years after you fust discover such defect.
In no event may any action based upon any defect in this survey be commenced more
than ten years from the date of the certification shown hereon.
THE LANDS bDO INC,
landscape architecture land planning commuCty planning
365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net
August 4, 2014
Mr. Glenn Hartmann, Senior Planner
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO 81601
Re: ADU Application for Parcel 2391-182-00-252
Owners: Big Juniper, L.L.C.
Dear Glenn,
This letter is in response to the completeness review letter submitted to The Land Studio, Inc on July 16,
2014 for the Big Juniper LLC Application of an Accessory Dwelling Unit. The following are responses to that
attached letter.
1. The Application needs to include a Statement of Authority Form for the Big Juniper LLC. The form
typically is required to be recorded. It will document the authority for Michael Feigenbaum to
sign for the LLC.
The signed and recorded Statement of Authority Form has been included in the supplemental
package.
2. The Application will also need to include a letter from the Big Juniper LLC authorizing The Land
Studio to represent them in regard to this application.
The signed letter of authorization has been included in the supplemental package.
3. The Roadway Waiver and Traffic Study waiver requests should include reference to the Review
Criteria for the respective waivers. The criteria for submittal requirement waivers is found in
Section 4-202 and the criteria for waivers from standards is found in Section 4-118
The revised waiver request letter has been included in the supplemental package.
4. The Application needs to include a submittal waiver request regarding the water supply plan and
the pump test and water quality testing requirements.
A pump test and water quality test is included in the supplemental package.
5. The Application needs to include any available information on the shared access drive such as a
shared driveway agreement or easement provisions.
The shared driveway agreement is included in the supplemental package.
6. While not technically a completeness topic any information that you can provide in the Application
The Land Studio, Inc.
to address covenants and/or plat notes associated with the property that address accessory
dwelling units would help to facilitate the review process.
It has been confirmed throught the office of Michael Feigenbaum that there are no recorded
covenants affecting the property, and neither of the recorded plats (Book 1238 Pg. 991 or First
Amendment, Reception No. 589860) include any plat notes relating to accessory dwelling units.
Please call to discuss as necessary and thank you for your attention to this request.
Sincerely,
THE LAND STUDIO, INC
By:
The Land Studio
2
851521 07/17/2014 02:47:22 PM Page 1 of 1
Jean Alberico, Garfield County, Colorado
Rec Fee: $11.00 Doc Fee: $0.00 eRecorded . s.
Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30.172, the undersigned executes this Statement of Authority on behalf of
Big Juniper LLC a Cdwado limed bbtltyoonpany (corporation, limited
liability company, general partnership, registered limited liability partnership, reglstered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity.), and states as follows:
The name of the Entity is Be Jaipw LLC
and b formed under the laws of cdame
The mulling address for the Entity is 132 'Aland Avenue, State 4, Basalt CO 31821
The name and/or position of the person authorized to execute instruments comeying, encumbering, or
otherwise effecting tide to real property on behalf of the Entity is waled Felgnmbam, Manager
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, Insert "None'): Nana
Other matters concerning the manner In which the Entity deals with any interest In real property are (if
no other matter, leave thls section blank):
EXECUTED this nth day of Jur 2014
Signature: lv4`t^^Aal ✓
Name (printed) Mkbeel Feige^
Tide (if any): wanner
STATE OF colored°
COUNTY OF Bailie
The foregoing Instrument was acknowledged before me thls1�r day of JIN 2014
by newel Feigenbaum. in wneger on behalf of Be Jia4NUA
rbbadn limited Meat company
8
Witness my hand„pmd;gf[icial seal.
My commission expires:l, 7.fl Mg
(Date) ( otary Publ
[SEAM]
BIG JUNIPER LLC
132 MIDLAND AVENUE, SUITE 4
BASALT, CO 81621
July 18, 2014
Mr. Glenn Hartmann
Garfield County Building & Planning Department
108 8a' Street, Suite 201
Glenwood Springs, CO 81601
Re: Big Juniper Application
Dear Mr. Hartmann,
This letter is to certify that the undersigned, Michael Feigenbaum, Manager of Big
Juniper LLC, authorizes Douglas and Julie Pratte of The Land Studio, Inc. to represent
Big Juniper LLC for the Big Juniper Accessory Dwelling Unit request in Garfield
County.
The contact information for The Land Studio, Inc, is:
Douglas and Julie Pratte
The Land Studio, Inc.
365 River Bend Way
Glenwood Springs, CO 81601
(970)927-3690 phone
landstudio2 ct,comcast.net
Sincerely,
L Usk
/VV‘r
Michael Feigenbaum, Manager
Big Juniper LLC
r 1k int
MHPRO 1_LC
hetuenhi lin
1.32 !9ialland Ave. Suite 4
Basalt. (.;ia. 81621
T N: N'liclY;;cl
C_1n l iti 1. s 3. a wel1 test WWI eoa1cktel d i?n a aVOI at 3765 COL111tj' Email 103. The
following infortun140n was obtained;
------ 188'
1 h
Casing Size- ^-_ =u_ ____--------- — ----- _____ 5"
Standing Suver 14.811-6 1 /2°
Total test time-- — I Flours
Drawdown to-------,---148?-101/2"
Production 1a greater tltaan----- -------- $ t.lPct•l
This test was conducted with the existing pump, `Fhe well ~water level recovered rack to
148 C ' _" in 3 Minutes. 111e \veil pumping rate was limited.lip the existing well pump:
The drawdovm would indicate a much greater production than 8 epm, IF}•ou have an
questions please eall use, Rtaun Sari i:ism at 970-943.6309.
Raun E Samuelson
iarnttelson Pump Co.
PO. Box 297 • Glenwood Springs, CO 81602 • 970, 445-a,DC' • fax (970) 947-94/1
Informational Water Quality Report
Well -Check
Client:
BJ
3764 Cty Rd 103
Ordered By:
Aspen Waterwise
210 H AABC Street
Aspen, CO 81611
ATTN: David Dawson
Definition and Legend
1M National Testing
Laboratories, Ltd.
Qu atl,ty water A vi azy
6571 Wilson Mills Rd
Cleveland, Ohio 44143
1-800-458-3330
Sample Number: 841204
Location: Hose Bib
Type of Water:
Collection Date and Time:
Received Date and Time:
Date Completed:
11/15/2013 10:00
11/25/2013
This informational water quality report compares the actual test result to national standards as defined in the EPA's Primary and
Secondary Drinking Water Regulations.
Primary Standards: Are expressed as the maximum contaminant level (MCL) which is the highest level of contaminant that
is allowed in drinking water. MCLs are enforceable standards.
Secondary standards: Are non -enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin
or tooth discoloration) or aesthetic effects (such as taste, odor,or color) in drinking water. Individual
states may choose to adopt them as enforceable standards.
Action levels: Are defined in treatment techniques which are required processes intended to reduce the level of a
contaminant in drinking water.
mg/L (ppm): Unless otherwise indicated, results and standards are expressed as an amount in milligrams per liter or
parts per million.
Minimum Detection The lowest level that the laboratory can detect a contaminant.
Level (MDL):
ND: The contaminant was not detected above the minimum detection level.
NA: The contaminant was not analyzed.
The contaminant was not detected in the sample above the minimum detection level.
• The contaminant was detected at or above the minimum detection level, but not above the referenced standard.
The contaminant was detected above the standard, which is not an EPA enforceable MCL.
The contaminant was detected above the EPA enforceable MCL.
These results may be invalid.
Status Contaminant Results Units National Standards Min. Detection Level
Microbiologicals
AIron Bacteria by P/A Iron Related Bacteria is Present in this sample, with an estimated population of
2,300 cfu/mL.
A)( Total Coliform by P/A
Total Coliform bacteria was present in this sample and E. coli was absent.
However bacteria results may be invalid due to lack of collection information or
because sample has exceeded 30 hour holding time.
Inorganic Analytes - Metals
Aluminum
ND
mg/L 0.2 EPA Secondary 0.1
Arsenic
ND
mg/L 0.010 EPA Primary 0.005
Barium
ND
mg/L 2 EPA Primary 0.30
Nfr Cadmium
ND
mg/L 0.005 EPA Primary 0.002
• Calcium 47.8 mg/L 2.0
Chromium
ND
mg/L 0.1 EPA Primary 0.010
• Copper
0.036 mg/L 1.3 EPA Action Level 0.004
Iron
ND
mg/L 0.3 EPA Secondary 0.020
Lead ND mg/L 0.015 EPA Action Level 0.002
• Magnesium 30.88 mg/L 0.10
Manganese
ND
mg/L 0.05 EPA Secondary 0.004
Nelr Mercury
ND
mg/L 0.002 EPA Primary 0.001
Nickel ND mg/L 0.020
•
Potassium
4.2 mg/L 1.0
Selenium
ND
mg/L 0.05 EPA Primary 0.020
• Silica
43.7 mg/L 0.1
V Silver ND mg/L 0.100 EPA Secondary 0.002
• Sodium 19 mg/L 1
• Uranium 0.003 mg/L 0.030 EPA Primary 0.001
• Zinc
0.012 mg/L 5 EPA Secondary 0.004
Physical Factors
• Alkalinity (Total as CaCO3) 220 mg/L 20
A
Hardness
Page 2 of 3 11/25/2013 3:59:18 PM
250 mg/L 100 NTL Internal 10
Product: Well -Check Sample: 841204
Status Contaminant Results Units National Standards Min. Detection Level
f pH
7.8 pH Units
6.5 to 8.5 EPA Secondary
• Total Dissolved Solids 310 mg/L 500 EPA Secondary 20
Ni Turbidity ND NTU 1.0 EPA Action Level 0.1
Inorganic Analytes - Other
• Chloride
11.0 mg/L 250 EPA Secondary 5.0
Fluoride ND mg/L 4.0 EPA Primary 0.5
• Nitrate as N 1.0 mg/L 10 EPA Primary 0.5
Ni Nitrite as N ND mg/L 1 EPA Primary 0.5
Ortho Phosphate ND mg/L 2.0
• Sulfate
23.0 mg/L 250 EPA Secondary 5.0
We certify that the analyses performed for this report are accurate, and that the laboratory tests were conducted by methods
approved by the U.S. Environmental Protection Agency or variations of these EPA methods.
These test results are intended to be used for informational purposes only and may not be used for regulatory compliance.
National Testing Laboratories, Ltd.
NATIONAL TESTING LABORATORIES, LTD
Page 3 of 3 11/25/2013 3:59:18 PM
Product: Well -Check Sample: 841204
STANDARD BACTERIOLOGICAL WATER TEST
SNOWMASS WATER & SANITATION DISTRICT
P.O. BOX 5700 — SNOWMASS VILLAGE, CO 'ICT5 ��� �O� � ���
PWS ID# Sample Location j"T�(((aee/
SAMPLE TAKEN: //� 7 /I,/ 1�p
DATE 9-�`lDD-i 61 TIME jj'NNAMME�E OF SUPPLY ��i-y/dI
COUNTY i__L.L• SAMPLER, _224 _ CHLORINE RESIDUAL MGIL
( ) COMMUNITY SUPPLY ( ) ROUTINE DISTRIBUTION SYSTEM SUPPLWATER
YS EMSULWATER
Y
( ) NON COMMUNITY ( ) CHECK SAMPLE ( ) SURFACE
PP
( PUBLIC ( ) SPECIALL PURPOSEW ( ) DUND SAMPLE)
('d) PRIVATE `NOTE: IF ALL INFORMATION IS NOT SUPPLIED, THE SAMPLE WILL I1E DISCARDED.
SEE REVERSE FOR TIME LIMITATIONS, SAMPLING INSTRUCTIONS ANDJZIEFINITIONS.
REMARKS:
PHONE
RETURN TO
ADDRESS
CITY-STATE
ANALYST/START UNSUITABLE 0
sy
FOR TEST
ANALYST/FINISH
RESULTS
COLIFORM
E.COLI
COLIFORM
E.COLI
0
r77'
COLILERT 18 -hour test
ABSENT 1 PRESENT
ABSENT PRESENT
LT2 Rule
MPN
MPN
i} DO NOT WRITE 1N THIS SPACE
DATE
7128 ► TIME3 15 P RECEIVED
TIME ' - ON TEST
DATE !'
RESULTS GREATER THAN ONE COLIFORM
PER 100 ML INDICATES NON-COMPLIANCE WITH
MINIMUM DRINKING WATER STANDARDS
L+
BOTTLE #:
111111111111111111111111111 111111 111111 111 1111111111111
583758 07/03/2001 01:15P B1266 P98 M ALSDORF
1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
RECORDING REQU
WHEN RECORDE
Chris LaCroix, E
Garfield & He t, P.C.
110 Midlans • ve., Suite 201
Basalt, Co +rado 81621
ED BY:
RETURN TO:
DRIVEWAY COVENANT
KNOW ALL MEN BY THESE PRESENTS that:
The undersigned, being the owner of Lot 1 and Lot 2, according to the Lansburgh
Lot Line Adjustment and Subdivision Exemption Plat recorded March 20, 2001 in Book
1238 at Page 991 of the real estate records of Garfield County, Colorado (the "Plat"),
does hereby publish and declare that the following shall be a covenant that runs with the
title to Lot 1 and Lot 2, shall be a burden thereupon and upon the owners at any time
thereof and their respective successors, assigns and grantees for the benefit of Leonard
Lansburgh, and any other party acquiring any manner of record interest in said Lot 1 or
Lot 2:
17
1. Construction and Maintenance of Driveway. The owner of Lot 1 (the "Lot
1 Owner") and the owner of Lot 2 (the "Lot 2 Owner") shall mutually agree upon the
plans and specifications for the construction of a driveway within the access easement for
Lots 1 and 2 as shown on the Plat (the "Driveway"). Unless otherwise agreed by the Lot
1 Owner and the Lot 2 Owner, the Driveway shall be designed and built in accordance
with the minimum construction standards applicable under Garfield County rules and
regulations. There shall be no paving of the Driveway without the consent of the Lot 1
Owner and the Lot 2 Owner. All costs and expenses of the design and construction of the
Driveway shall be shared equally between the Lot 1 Owner and the Lot 2 Owner. Once
the Driveway is constructed, unless otherwise agreed by the parties, the Lot 1 Owner
shall maintain the Driveway in good repair on a year round basis, including, but not
limited to snow removal and repair of erosion (the "Maintenance"); provided, however,
that the Lot 1 Owner shall not incur Maintenance expenses, which in any calendar year
exceed $1,000.00 in the aggregate, or which exceed $300.00 for any single item, without
obtaining the prior written consent of the Lot 2 Owner, which consent shall not be
unreasonably withheld or delayed. If the Lot 2 Owner does not respond within ten (10)
calendar days following receipt of a written request from the Lot 1 Owner for consent to
an expenditure that exceeds these limits, the Lot 2 Owner shall be deemed to have
consented thereto. The Lot 2 Owner shall reimburse the Lot 1 Owner for one-half (%) of
the cost of the Maintenance within thirty (30) days of receiving a statement therefor from
the Lot 1 Owner. Notwithstanding any other provision hereof, should the Driveway be
damaged (other than ordinary wear and tear) which damage is attributable to either the
Lot 1 Owner or the Lot 2 Owner, such as by the use thereof by heavy construction
equipment, then the party responsible for such damage, shall, at its sole expense,
promptly repair all such damage.
11111
583758 07/03/2001 01:15P 81266 P99 M ALSDORF
2 of 3 R 15.00 0 0.00 GARFIELD COUNTY CO
2. Indemnification and Insurance. The Lot 2 Owner shall at all times
remain solely responsible for and shall indemnify, defend and hold harmless the Lot 1
Owner from and against any and all injuries, demands, damages to persons or property
losses or judgments arising from use of the Driveway by the Lot 2 Owner and its invitees
and guests. The Lot 1 Owner shall at all times remain solely responsible for and shall
indemnify, defend and hold harmless the Lot 2 Owner from and against any and all
injuries, demands, damages to persons or property losses or judgments arising from use
of the Driveway by the Lot 1 Owner and its invitees and guests. Each of the Lot 2 Owner
and the Lot 1 Owner shall obtain and maintain property and liability insurance insuring
against such injuries, demands, damages to persons or property, losses or judgments in an
amount equal to at least $500,000.00 per occurrence. Such insurance shall name the
other party as an additional insured. Upon request, either party shall provide the other
with proof of such insurance coverage. Such insurance shall provide that it may not be
canceled for any reason as it affects the other party without at least thirty (30) days' prior
written notice to such other party.
3. Defaults. Unless otherwise provided herein, in the event that either party
hereto breaches any provision contained herein (the "Defaulting Party"), the other party
(the "Nondefaulting Party") shall be entitled to give written notice of default to the
Defaulting Party and shall provide a fifteen (15) day opportunity to cure the specified
default. In the event that the default is not cured within such period of time, the
Nondefaulting Party shall have the right, at its option, to cure such default and shall have
the right to be reimbursed by the Defaulting Party for any reasonable costs it incurs in
curing such default. Any reimbursement payments not paid within thirty (30) days after
the Defaulting Party has received an itemized statement of such costs from the
Nondefaulting Party, shall bear interest at one and one-half (11/2%) percent per month. In
addition, the Nondefaulting Party shall have the right to place a lien on the property
owned by the Defaulting Party for any amounts due under this Agreement that remain
unpaid for a period of more than thirty (30) days after the Defaulting Party has received
an itemized statement of such costs.
4. Notice. All notices required in connection with this Covenant shall either
be (i) hand delivered; (ii) given by certified mail directed to the mailing address of the
Lot 1 Owner or Lot 2 Owner, as the case may be; (iii) given by overnight courier directed
to the mailing address of the Lot 1 Owner or Lot 2 Owner, as the case may be; or (iv) by
facsimile transmission to the facsimile number of the Lot 1 Owner or Lot 2 Owner, as the
case may be. All notices so given shall be considered effective (i) if hand -delivered,
when received; (ii) if by certified mail, seven (7) days after deposit; certified mail postage
prepaid, with the United States Postal Service; (iii) if by overnight courier, one (1) day
after deposit with the overnight courier company; or (iv) if by facsimile transmission,
upon receipt by the sending party of a machine -generated confirmation of a complete
transmission of all pages.
5. Attorneys' Fees. In the event of any action for breach of, to enforce the
provisions of, or otherwise involving this Covenant, the court in such action shall award a
reasonable sum as attorneys' fees to the party who, in light of the issues litigated and the
2
1111111 111 11111 1113 111 111111 1111111 111111 11111111
583758 07/03/2001 01:15P 81266 P100 M ALSDORF
3 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
m
mm - C
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oo8 o
0 -UO
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0
T.1
court's decision on those issued, was the prevailing party in the action. If a party
voluntarily dismisses an action, a reasonable sum as attorneys' fees shall be awarded to
the other party.
In Witness Whereof, this Covenant has been entered into, published and declared
to be a burden and a benefit, and to ruhyith the lapd in perpetuity with the title to the
properties above-described as of this — day of , 2001.
STATE OF COLORADO
COUNTY OF �jbtrt. v,
) ss.
eonar
The foregoing Covenant was acknowledged before me this o7�day of Jwf.
2001 by Leonard Lansburgh.
WITNESS my hand and official seal.
My commission expires:
81611
3
Notar
ublic
THE LANDS bDO INC,
landscape architecture land planning commuCty planning
365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net
August 4, 2014
Mr. Glenn Hartmann, Senior Planner
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO 81601
Re: ADU Application for Parcel 2391-182-00-252
Owners: Big Juniper, L.L.C.
Dear Glenn,
The Accessory Dwelling Unit Applicant for Parcel 2391-182-00-252, Big Juniper L.L.C., would like to request
a waiver from the Roadway Standards as defined in Section 7-107 of the Garfield County Land Use and
Development Code, and from the requirements of Section 4-203.L, Traffic Study. There is currently a
primary residence built on Parcel 2391-182-00-252 that shares a driveway with the adjoining parcel to the
west also containing a primary residence. The physical address for Parcel 2391-182-00-252 is 3765 County
Road 103 (aka. Crystal Springs Road)
ITE Traffic Generation
The Institute of Transportation Engineers' Summary of Trip Generation Rates for a Single Family Detached
House is average daily traffic (ADT) of approximately 9.57 trips. As a result of the shared driveway, the
traffic count for the existing driveway is approximately 19 ADTs. With the addition of an ADU, the total
ADT's for this shared driveway will be over 28, or roughly one vehicle trip every 34 minutes during the day.
This estimate seems to be highly unlikely for a rural resident from these homes. Typically, rural residents
combine errands and leave the house no more than a few times per day, and an ADU would likely only
produce 1/2 the ADT's of the larger homes.
The ADT for County Road 103 is approximately 1,373 ADTs per the "Average Daily Traffic County Road
System 2002 Transportation Study, Garfield County, Colorado (http//www.garfield-county.com/road-
bridge/documents/adt_name.pdf). Even with ADT of 9.57 the increase in traffic to CR 103 caused by the
proposed ADU is 0.7%.
Garfield County Roadway Standards
The Roadway Standards in Table 7-107 of the Garfield County Land Use and Development Code identify
the width for a roadway with 0-20 ADTs as a Primitive Roadway with a 12' width. Because the requested
ADU will increase the driveway trip count beyond 20 ADTs, Table 7-107 identifies the required roadway as a
Semi Primitive Roadway with a minimum width of 16'.
Existing Driveway Conditions
The current driveway is built to meet the Primitive Roadway standards with an ADT capacity of 20. It is 370'
long,12' to 15' wide plus a 1' grass shoulder, and has an emergency vehicle pullout at its mid -point. The
driveway is flat, improved, and well maintained with no issues regarding the drainage. This has been more
than adequate over the years.
The Land Studio, Inc.
Waiver Request
The Applicant requests these waivers due to the very small increase in traffic on the driveway associated
with an ADU, and the less than 1% increase in traffic to CR 103. We believe that requiring a Traffic Study
and imposing a new driveway standard is not necessary, and in fact would be out of character given the
rural nature and low traffic volumes of the area. We request that the driveway be allowed to remain at its
current width of 12'-15' with a 1' grass shoulder and the existing emergency vehicle pullout. The Applicant
agrees to continue all shared maintenance activities to assure the driveway is in good driving condition.
4-118 Waiver of Standards
C. Review Criteria.
A waiver may be approved if the Applicant demonstrates that the following criteria have been met
by the proposed alternative:
1. It achieves the intent of the subject standard to the same or better degree than the subject
standard; and
2. It imposes no greater impacts on adjacent properties than would occur through compliance
with the specific requirements of this Code.
The applicant feels a wavier from the roadway standard width of 16' is appropriate because the
existing road width can serve the small increase in traffic and imposes fewer impacts on adjacent
property by retaining the existing driveway and its rural character, which will be adequate for only
the addition of an ADU.
4-202. Waiver Of Submission Requirements
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
3. The waiver does not compromise a proper and complete review; and
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
The applicant also feels a waiver from the submission requirement to provide a traffic study is
appropriate because the project size is very minimal, consisting of only an ADU. A full traffic study
for one ADU will not provide significant information beyond results published in current Traffic
Generation guidelines. ITE Traffic Generation numbers have been used for this ADU application in
lieu of a full traffic study and therefore, the exclusion of a traffic study will in no way compromise a
complete review of the proposed ADU.
Please call to discuss as necessary and thank you for your attention to this request.
Sincerely,
THE LAND STUDIO, INC
Air1 . ,
By: Ltrzaz1
D•uglas / Prat
The Land Studio
2