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HomeMy WebLinkAbout3.0 DD Staff Report 11.03.2017Directors Determination — Staff Report Exhibits Chapman ADU Administrative Review Applicant is Robert H. Chapman November 3, 2017 (File GAPA-08-17-8571) Exhibit Number Exhibit Description 1 Public Hearing Notice Information Form, Dated October 24, 2017 2 Mail Receipts 3 Referral Comments from Dan Goin of Garfield County Road and Brid e, Dated October 19, 2017 4 Letter from Chris Hale, PE of Mountain Cross Engineering, Dated October 26, 2017 5 Well Sharing Agreement recorded under Reception Number 808174 6 Referral Comments from Colorado River Fire Rescue, Dated November 1, 2017 7 Chapman ADU GAPA-08-17-8571 November 3, 2017 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) APPLICANT (OWNER) Robert H. Chapman LOCATION LEGAL DESCRIPTION The property is located approximately 13 miles south of the Town of New Castle with access off private roadways and County Road 313. The address is 811 County Road 313, New Castle, CO 81647. Section: 19 Township: 7 Range: 91 SEC 18 LOTS 2(47.92A) 3(47.61A) 4(47.27A) SESW SEC. 19 LOT 1(48.56A)W1/2NE, SENE, E1/2NW, NESW, N1/2SE. PT OF N1/2SE(75.71A) & NESW(6.6A). EXCEPT A TRACT OF LAND CONTAINING 35.963 AC. +/- KNOWN AS THE RANCH MANAGER PARCEL, MORE PARTICULARLY DESCRIBED IN RANCH MANAGER PARCEL BOUNDARY SURVEY RECEPTION NUMBER 808173. on a property known by Assessor's Parcel No. 2399-192-00- 003. ACRES Approximately 597.707 acres ZONING Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on a 597.707 acre parcel located within the Rural zone district. As the property is over 4 acres, the ADU is limited to 3,000 square feet. The Garfield County Comprehensive Plan identifies the property as Medium / High Density Residential (2-6 acres/dwelling unit). Access to the site is an existing driveway and private roadways from County Road 313. The site has adequate areas for off-street parking and snow storage for the proposed ADU and other existing uses on the property. The ADU to be permitted is a new 2,369 square foot single family home. Proposed utilities to the ADU include a shared water well, new Onsite Wastewater Treatment System (OWTS), and existing access driveway. Legal and adequate water and access have been demonstrated to serve the units on the property. II. DESCRIPTION OF THE SITE The site is currently developed with three single family residences, two of which are legal non -conforming and one was constructed in 1989 and is considered the primary dwelling unit. The development area appears to have positive drainage and is a mix of graded areas, agriculture and native vegetation with moderate slopes. The Applicant has represented that no Waterbodies within 35 feet of the ADU exist. Uses within 1500 feet include primarily residential and agricultural. Vicinity Map Town of Silt L' Town c New Castle CR 311 Li 41 Calm* CAW%. Subject Parcel 1 2 Aerial View of Subject Property Driveway Access Approx. Location of Primary Dwelling Unit and ADU County Road 313 Subject Property East Divide Creek 3 Site Plan sriS31i7CS3sW fl I 1 r f� f Shared Roadway to CR 313 4 III. WAIVER REQUESTS FROM STANDARDS The Applicant has requested a waiver from Section 7-107, Roadway Standards for the access road to the ADU from CR 313. The Applicant has provided a Waiver request prepared and stamped by Sopris Engineering and in conformance with Department policy which concludes that "Sopris Engineering believes the exiting driveway is adequate to support the proposed development provided that the area of the driveway that is in excess of 20 -ft near the guest house is maintained for emergency vehicle/access." IV. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designates an Accessory Dwelling Unit within the Rural zone district as requiring Administrative Review. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. C. The Application submittal requests two waivers from submittal requirements. These waiver requests are from submittal requirements included an improvements agreement and development agreement. Submittal waivers have been accepted as part of the completeness review. D. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Accessory Dwelling Units are also subject to Section 7-701. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering (Exhibit 4): Mr. Hale noted that the application generated no comments. B. Garfield County Road and Bridge (Exhibit 3): Road and Bridge has no concerns with the request. C. Colorado River Fire Rescue (Exhibit 6): Requested that a site visit be scheduled 5 with the property owner to ensure that the District "can successfully respond to any emergency at this location." In addition, the District has requested that a separate address be issued for the ADU VI. STAFF ANALYSIS Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The development on the property is in general conformance with the dimensional standards for the Rural zone district. The property currently has three dwelling units on the property, two of which are considered legal non -conforming while the third is the primary dwelling unit. The proposed ADU would be the fourth dwelling unit on the parcel and would be considered accessory to the primary dwelling unit constructed in 1989. 2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The County Comprehensive Plan identifies the property as Residential Medium High Density (2-6 acres per dwelling unit). As the property is almost 600 acres, the residential density identified within the Comprehensive Plan would be satisfied including the ADU. 3. Section 7-103: Compatibility The proposed use is located in a rural area and is unlikely to significantly alter or impact the character of the area. The areas surrounding the subject property are predominantly residential and agricultural in nature. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The ADU is to be served by an existing well on the property. This well, Permit Number 159252-A, states that "The use of groundwater from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns." The Applicant has also provided the following explanation regarding this well: • Well permit no. 159252-A currently serves the ranch manager house which is now located on an adjacent parcel. This well permit is proposed to serve the new ADU. This is allowable under the permit terms because this well can serve up to three structures, and currently only serves one. 6 • Well permit no. 153569 serves the main house and the existing guest house. The permit terms allow this well to serve the two dwellings it served historically. As the well is shared between two units, each of which are located on different parcels, a Well Sharing Agreement is necessary. Staff located a Declaration for Well Sharing at Reception Number 808174 (See Exhibit 5). This well sharing agreement was reviewed by staff and appears to be adequate for the two units on two separate parcels. The application was referred to the Division of Water Resources, however no comments were received. Water quantity testing revealed that the well averaged 15 gallons per minute over the 4 hour pump test. In addition, the water quality of the well met applicable EPA standards. As a result, the well appears to meet these standards. 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems The Applicant is proposing to install a new Onsite Wastewater Treatment System (OWTS) for the new ADU. Staff recommends a condition of approval that a County OWTS permit be issued at the time the system is installed. 6. Section 7-106: Adequate Public Utilities Adequate public utilities currently exist at the subject parcel. 7. Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department (See Exhibit 3). Dan Goin of Garfield County Road and Bridge indicated Road and Bridge has no concerns with the proposed ADU. b. The application includes a demonstration of legal access to the subject parcel via an access easement created by Warranty Deed and recorded at Reception Number 399752. c. The Applicant has stated that the driveway and private access roads do not meet the design standards found in Section 7-107. As a result, the Applicant has requested a waiver from Section 7-107, Roadway Standards for the access road to the ADU from CR 313. The Applicant has provided a Waiver request prepared and stamped by Sopris Engineering and in conformance with Department policy which concludes that "Sopris Engineering believes the exiting driveway is adequate to support the proposed development provided that the area of the driveway that is in excess of 20 -ft near the guest house is maintained for emergency vehicle/access." Following review of this waiver request and analysis by Sopris Engineering, it is Staff's opinion that the access road from public right of 7 way to the ADU is adequate for the proposed use. 8. Section 7-108: Natural Hazards No natural hazards have been identified on the subject parcel. 9. Section 7-109: Fire Protection The impact area within the subject parcel has been identified as having a Low and Not Rated level of Wildfire Susceptibility in accordance with Map 7 of the Community Wildfire Protection Plan. The parcel is located within the Colorado River Fire Rescue service area. The application was referred to the Colorado River Fire Rescue, who provided the following comments (See Exhibit 6). a. Orrin Moon of the District has requested a site visit to the property with the property owner / representative to review the access to the ADU location. The purpose of the site visit is to ensure that the District can successfully respond to the location in the case of an emergency. Staff recommends a condition of approval that prior to issuance of the Land Use Change Permit that the applicant conduct a site visit with the District to review the access for emergency response. b. The District has requested that the ADU obtain a separate address. The County does not issue multiple addresses to a parcel, however, it may be possible for the Postal Service to issue a separate address for the ADU. In accordance with the analysis by Sopris Engineering, for the purposes of fire protection and emergency access, they have recommended that the driveway have a minimum width of 20 feet. Staff recommends a condition of approval that the driveway maintain a width of at least 20 feet. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The proposed development will be adjacent to other residential uses and is not expected to adversely impact agricultural uses on the property. Based on the location of the development along with representations by the Applicant, it is not anticipated that the proposed development would adversely affect neighboring agricultural uses or agricultural uses on the subject parcel. 11. Section 7-202 Wildlife Habitat Areas The ADU is expected to have impacts on wildlife similar to a single family dwelling unit. As a result, no significant impact to wildlife habitat is expected. 8 12. Section 7-203 Protection of Waterbodies The ADU is proposed to be constructed more than the required 35 feet from ordinary high water mark from East Divide Creek, the nearest Waterbody. As a result, this standard is satisfied and no excessive impact to waterbodies is anticipated. 13. Section 7-204 Drainage and Erosion The Applicant has provided a topographic map of the subject property that shows general positive drainage around the proposed ADU. As the driveways are currently in place, no significant change to the topography or drainage from the property is expected. Positive drainage around the new ADU structure will be reviewed at the time of building permit. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. 15. Section 7-206 Wildfire Hazards The impact area of the subject property is identified as Low and Not Rated according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). In addition, no slopes over 30% have been identified and no fire chimneys are known to exist on the property. As a result, it is Staff's opinion that the wildfire hazard in this area is within manageable levels. See Section 9 of this Staff Report for a description of comments received from the fire protection district (See Exhibit 6). 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, no natural and geologic hazards have been identified on the subject property. 17. Section 7-208 Reclamation Minimal disturbance is anticipated as a result of the proposed ADU. The driveways are in place and the dwelling unit disturbance area is expected to be similar to that of a single family dwelling unit. Article 7, Division 3, Site Planning and Development Standards 18. Section 7-301 Compatible Design: The ADU use is generally compatible with surrounding residential and agricultural land uses. 9 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists for the ADU and primary dwelling unit. 20. Sections 7-303 Landscaping Standards: The LUDC specifically exempts ADUs from Section 7-303. 21. Section 7-304 Lighting: Staff recommends a condition of approval that any exterior lighting comply with the Standards outlined in Section 7-304. 22. Section 7-305 Snow Storage Standards: The property has adequate snow storage areas that are in compliance with County standards. 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 7, Division 7, Accessory Dwelling Unit 24. Maximum Floor Area: As the property is over 4 acres, the ADU is required to be limited to 3,000 square feet. Staff suggests a condition of approval that the ADU be limited to 3,000 square feet or less in size. 25. Ownership Restriction: The Applicant and Owner understand that the ADU is restricted to leasehold interests and may be used for residential or Home Office / Business use only. 26. Compliance with Building Code: Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary building permits from Garfield County. 27. Minimum Lot Area: The Applicant has 597.707 acres and as a result the minimum lot area requirement of at least 2 acres in the Rural zone district is satisfied. 10 28. Entrance to Dwelling Unit: The Applicant is proposing the ADU to be a separate building from the primary dwelling unit. As a result, the ADU as it exists will comply with this standard. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the proposed Accessory Dwelling Unit is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code. Staff, therefore, recommends approval with conditions of the Chapman ADU application. Suggested Findings 1. That proper public notice was provided as required for the Administrative Review Land Use Change Permit. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. Suggested Conditions of Approval Conditions Prior to Issuance of the Land Use Change Permit: 1. The applicant shall request and conduct a site visit to the subject property with Colorado River Fire Rescue to review emergency access to the ADU location. Should any improvements be requested by Colorado River Fire Rescue as a result of the site visit, the applicant shall install / construct those improvements prior to issuance of the Land Use Change Permit. Demonstration from Colorado River Fire Rescue indicating that the site visit occurred and the outcome from that site visit shall be provided to the Community Development Department. Should improvement be necessary, demonstration that those improvements have been installed / constructed shall also be provided to the Community Development Department and reviewed by the County designated engineer. Conditions of Approval: 2. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 11 3. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-701, Accessory Dwelling Units, of the Land Use and Development Code of 2013, as amended. 4. The Floor Area for the Accessory Dwelling Unit shall not exceed 3,000 square feet. 5. The ADU shall be subject to all Garfield County Building Code Requirements. The property owner shall obtain all necessary Garfield County Building Permits. 6. The property owner shall obtain a Garfield County Onsite Wastewater Treatment System (OWTS) permit prior to installation of the system. 7. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 8. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only, as described in the Land Use and Development Code of 2013, as amended. 9. The driveway from the County road to the ADU shall maintain a minimum width of 20 feet for fire and emergency access. 12 EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. Cgi My application required written/mailed notice to adjacent property owners and mineral owners. X Mailed notice was completed on the 17 day of October , 201 7 X All owners of record within a 200 foot radius of the subject parcel were identified as shown In the Clerk and Recorder's office at least 15 calendar days prior to sending notice. X All owners of mineral Interest in the subject property were Identified through records in the Clerk and Recorder or Assessor, or through other means [list] Notification list of mineral owners for Parcel 4 prepared by Allen & Klrmse, Ltd, independent Professional Landmen Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the day of , 20_. ■ Please attach proof of publication in the Rifle Citizen Telegram. O My application required Posting of Notice. Notice was posted on the day of , 20_. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above Information Is true and accurate. Name: Patrick S. Rawle. AICP, ASLA, Stan Clauson Assoc, Signature: ' Date: 24 October 2017 R . - U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mall Only ot'.i e11V.C1 i11101ol-iliwr, I uler v.cp511.v. It w1'nv,us rs.cwuc. 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Lill TO So ond rm. 59 /VI, LIVLUMASii) Liiitlt) -6 . reale NI t.SV ...e.-Keie LW Posta — \ # ea iirh ,y115r; fur idilk0119.1.1A David Pesnichak From: Dan Goin Sent: Thursday, October 19, 2017 3:13 PM To: David Pesnichak Subject: Chapman ADU David EXHIBIT s _3 On the Chapman ADU GAPA-08-17-8571 we see no issues with this driveway it is on a gravel road and has gravel entrance with no drainage issues. Dan Goin District 3 Foreman Garfield County Road and Bridge 0298 CR 333A, Rifle CO 81650 970-625-8601 1 October 26, 2017 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Chapman Accessory Dwelling Unit: GAPA-08-17-8571 Dear David: EXHIBIT 1 This office has performed a review of the documents provided for the Chapman Accessory Dwelling Unit Application. The submittal was found to be thorough and well organized. The review generated no comments Feel free to call if you have any questions or comments. Sincerely, Mountai lCross Enginering,,nc. tJ Chiis Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com ■IIIl71,1%WMJl {LWT I4G1414I Kf 11111 Reception#: 608174 09/16/2011 03;20;57 PM Jean Plberioo 1 of 6 Reo Fee:$31.00 Doc Fee:0.00 GARFIELD COUNTY CO DECLARATION RE: WELL SHARING THIS DECLARATION RE: WELL SHARING (hereinafter "Declaration") is made effective this 16th day of September 2011, by Ron Rogers and Lisa Specht as Trustees of the Ron Rogers and Lisa Specht Living Trust dated August 11, 1989, as amended from time to time (hereinafter collectively referred to as "Declarant"), current owner of the properties described below, which properties are located in Garfield County, Colorado. WHEREAS, Declarant is the sole owner of certain real property located in Garfield County, Colorado, commonly known as the Spring Creek Ranch, which property is described in that certain Warranty Deed dated May 28, 1998 and recorded in the Office of the Clerk & Recorder of Garfield County, Colorado on June 17, 1998, in Book 1073 on Page 176, Reception No. 527019; and WHEREAS, Declarant recently separated a 35+ acre parcel of such property known as the "Ranch Manager Parcel" from the remainder of the Spring Creek Ranch ("Remainder"), as shown on the plat map recorded on September 16, 2011, Reception No. $D$ 113 ("Ranch Manager Parcel Map"); and WHEREAS, a well ("Shared Well") is located upon the Remainder at a point approximately 3,120 feet from the N. Sec. Line, and 530 ft. from the W. Sec. Line of Sec. 18, T. 7 S., R. 91 W., of the 6th P.M., Garfield County; and WHEREAS, a one -inch diameter PVC pipeline currently exists to connect the Shared Well to the Ranch Manager Parcel within the easement shown on the Ranch Manager Parcel Map ("Buried Pipeline"); and WHEREAS, Declarant is the sole owner of both the Remainder of the Spring Creek Ranch and the Ranch Manager Parcel; and WHEREAS, the Colorado Division of Water Resources has issued Well Permit Number 159252 for the Shared Well, which permit allows use of water from the well for fire protection, ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than one acre of homes, gardens and lawns, and the watering of domestic animals ("Well Permit"); and WHEREAS, Declarant intends that the Shared Well will serve the Ranch Manager Parcel and the Remainder, in the proportions and amounts set forth below. NOW, THEREFORE, Declarant hereby declares that the Ranch Manager Parcel and the Remainder shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of these properties, and which shall run with title to these properties, and be binding upon all parties having any right, title or interest in these properties, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. After recording, return to: Mark E. Hamilton, Esq. / Holland & Hart LLP 600 East Main Street, Suite 104 Aspen, Colorado 81611 Declaration Re: Well Sharing Page 2of5 1111 AA iwiro 11111 Reeeptian#: 808174 09118/2011 03:20:57 Phi Jean Albericc 2 of 5 Ren Fee:531.00 Dec Fee:0.00 GARFIELD COUNTY CO 1. Well permit. The Shared Well is operated pursuant to Well Permit No. 159252 issued by the Colorado Division of Water Resources. The owner(s) of the Ranch Manager Parcel and the Remainder where the Shared Well is located shall be jointly responsible for meeting all obligations set forth in such Well Permit. 2. Water System Easement. The Declarant hereby confirms that the owner of the Ranch Manager Parcel shall have a non-exclusive easement to access the Shared Well and Buried Pipeline as they lies under and upon the Remainder, for reasonable and necessary access to the Shared Well, Buried Pipeline and the power source for the well for operation, repair and replacement purposes, subject to the other terms and conditions of this Agreement. Such easement shall extend within a 15' radius around the existing well head and within 10' on either side of the existing Buried Pipeline and the power service line that connects to the well pump. In the event that any gates, well houses, or other parts of or portal of access to these items are locked for security purposes, both owners shall immediately be provided with keys. The owner of the Remainder may relocate the Buried Pipeline and powerline from time to time so long as reasonable access to and use of the same is preserved for the benefit of the Ranch Manager Parcel. 3. Ownership of the Shared Well. The owner(s) of the Ranch Manager Parcel shall own a 20% undivided interest in the Shared Well and the Remainder shall own the other an undivided 80% interest in the Shared Well. No interest in the Shared Well may be transferred apart from these lands. These owners shall be mutually operate, maintain, repair, replace and improve the Shared Well, pumps and any other appurtenant facilities for their joint benefit. The Well Permit shall be put in the joint names of both owners upon the request of either party. Unless by other written agreement signed by both owners of both parcels, the owner of the Remainder Parcel shall be designated to receive all mail and documentation relating to the Shared Well and Potable Water System, and he or she shall promptly provide all such mail and documentation to the owner of the Ranch Manager Parcel. 4. Uses of the Shared Well; water treatment obligations. Unless otherwise agreed, the owners of the Ranch Manager Parcel shall be entitled to use an undivided 20% of water produced by the Shared Well and the owners of the Remainder parcel shall be entitled to the other 80% of water produced. The withdrawal of water from the Shared Well shall be for domestic purposes inside up to three (3) single family dwellings, for irrigation of up to one (1) acre of lawns and gardens, and for limited domestic watering of animals as permitted by the State of Colorado, provided that no more than one residence upon the Ranch Manager Parcel shall be served by the Shared Well. The Shared Well shall not be used for outdoor irrigation purposes, including lawn and garden irrigation, of more than a total of one (1) acre of area. The owner of the Ranch Manager Parcel shall not serve more than one home nor irrigate more than 1/5 acre and the owner of the Remainder shall not serve more than two homes nor irrigate more than 4/5 acre with water produced from the Shared Well. Use of water for domestic animals is allowable, however such use shall be accomplished in a conservationist manner (e.g. water shall not be allowed to run continuously). At any point when more than one home is connected to the Shared Well, each owner shall install and maintain a flow-restrictor valve on his or her water supply line(s) from the Shared Well to ensure that the maximum draw is not more than that Declaration Re: Well Sharing Page 3 of 5 111117 11111 Reception#: 808174 09/1612011 03:26:67 PM Jean Rlberioo 3 of 5 Rec Fee:$31 60 Doc Fee:0,00 GARFIELD COUNTY CO owner's respective allotted amount of the total average demonstrated production capacity from the well. Any water treatment shall be at the option and cost of each individual owner. 5. In-house uses preferred; no waste. In-house use of water from the Shared Well shall take precedence over use of water for domestic animals or irrigation. In the event of a shortage, the owners shall cooperate and shall reduce their uses accordingly to conserve water. No owner shall be entitled to waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Shared Well. 6. Storage. At the time that more than one home is connected to the Shared Well, the owners shall each install a water storage tank not less than 500 gallons in size at each owner's sole cost and expense. Such storage tanks shall be buried at each owner's expense at a location on that owner's property, and plumbed into the residence's water supply system in a manner to ensure that there will be an adequate supply of water for the residence in the event that the instantaneous pumping rate of the well is inadequate to meet demand. In addition, each owner shall install a booster pump from each storage tank to help meet peak water demands for their residence. 7. Other Wells. Unless otherwise agreed by both owners pursuant to a subsequent written amendment to this Declaration, in the event that the owner of the Ranch Manager Parcel develops another primary residential water supply, and discontinues use of the Shared Well, such owner's interests in the Shared Well and all associated easements and facilities upon the Remainder Parcel shall revert to owner of the portion of the Remainder of the Spring Creek Ranch where the Shared Well is located, and the well access easements described above and on the Ranch Manager Parcel Map shall be deemed automatically vacated and of no further force and effect. 8. Operation and Maintenance Expenses. Unless by prior signed written agreement, the owner of the Ranch Manager Parcel shall pay 20% and the owner of the Remainder shall pay 80% of the costs of maintenance, operation, electricity, repair, and replacement of the Shared Well, pump(s) and appurtenant facilities, and the costs of common water lines or other common water facilities. To the extent practicable, the use of electricity shall be monitored via an "hour meter" to be attached to the electrical line to the well pump. Such meter will allow records to be kept of electrical consumption each year. If either property is not hooked onto the Shared Well for any period of time, the owner(s) of such property shall not be obligated to contribute toward operation and maintenance expenses for such period. If either of the properties are connected but service has not yet commenced, no electricity costs shall be assessed against the owner(s) of such property. In addition, the owner(s) of each individual property shall be exclusively responsible for the costs of installation, operation, repair or replacement of any facilities used for the sole benefit of such Parcel, including individual service lines and any individual water storage tanks. 9. Emergency Repair of Water System. In the event that the owners are unable to agree upon any maintenance, repair replacement or improvement necessary to continue potahlc or irrigation water service, any owner shall be entitled to undertake any maintenance, repair; Declaration Re: Well Sharing Page4of5 replacement or improvement necessary and essential to allow continued water service to his or her property. In the event that any owner decides to undertake any such work absent the consent of the other owner, he or she shall notify the other owner in writing. The owner undertaking the work shall, upon completion, provide the other owner with a written statement of the work performed and an allocation of the other owner's share of the costs, pursuant to the cost-sharing provisions of paragraph 8, above. In the event that emergency repairs are required, before undertaking any such work, each owner will attempt to contact the other owner by phone prior to incurring any expenses for such repairs. Bills for emergency repairs shall be allocated among the owners in the manner set forth above in Paragraph 8. 10. Covenants to Run. These covenants and restrictions shall run with both properties served by the Shared Well and shall bind the owners thereof, their successors and assigns. The fact that the Declarant presently owns both the Ranch Manager Parcel and the Remainder is not intended toand shall not result in the termination or failure of any easements established hereby pursuant to the common law doctrine commonly known as the "merger doctrine." As such, the declarations herein shall run with title to both properties, at law and as an equitable servitude, bind any person having or acquiring any right, title or interest in any portions o f these properties, and inure to the benefit of and by binding upon Declarant and its successors - in -interest and assigns, including any successor owners of the Ranch Manager Parcel or the Remainder. - 1111 4NJ'01MANN«'G lnI4IY 6 IVii I+I°+k 1111 Reception#: 808174 08116/2051 03:20157 PM Jean Albsrico 4 of 5 Rec Fee: $3 i . C4 Goo Fes o 0.00 GARF IELD COUNTY CO 11. Enforcement. The interpretation ofthisdocument shall be governed by Colorado law. Unless the parties to any dispute arising with regard to this document agree to an alternate form of dispute resolution, venue for any dispute arising with regard to this document shall be in the courts or Garfield County, Colorado. The prevailing party in any legal action to enforce this document shall be entitled to reasonable attorneys' fees and costs. 12. Amendments. This document shall be recorded in the real estate records of Garfield County, Colorado. This document may only be amended by the unanimous written consent of the then owners of both the Ranch Manager Parcel and all portion(s) of the Remainder that are served by the Shared Well. No amendment shall be effective until an instrument setting forth such amendment, signed by both owners, is recorded in the real estate records of Garfield County, Colorado. 13. Assignment. The Ranch Manager Parcel's 20% interest in the Shared Well shall not be assigned to anyone other than subsequent owners of the Ranch Manager Parcel. The owner of the Remainder may assign its interests in the Shared Well to successor owners of the Remainder, or to portions thereof, provided that in no event shall such assignment increase the 80% interest in well production that the Remainder is entitled to receive by virtue of this Declaration nor shall such 80% interest be divided into more than two interests. 14. Severability. Should any provision of this document be declared invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of any other provisions, which shall remain in full force and effect. Declaration Re: Well Sharing Page 5 of 4 ■111 1110.111i141.1q1 lit Pi 11111 RecagtionN: 808174 09/16/2011 03:20:57 PM Jean Rlberioo 5 of 5 Reo Fee:331.00 Doo Fee:0.00 GARFIELD COUNTY CO DATED: 4'r�P1 Ma 1La , 2011. STATE OF CALIFORNIA COUNTY OF LOS ANGELES DECLARANT: RON ROGERS AND LISA SPECHT, OR THEIR SUCCESSOR(S), IN THEIR CAPACITY AS TRUSTEES OF THE RON ROGERS AND LISA SPECHT LIVING TRUST, DATED AUGUST 11, 1989, AS AMENDED FROM TIME TO TIME tld J. " rustee isa Specht,''" ec On : i / _ , 2011, before me, the undersigned Notary Public, personally appeared Ronald J. Rogers and Lisa Specht, personally known to me (or proved to me on the basis of satisfactory evidence), to be the persons whose names are subscribed to this instrument and acknowledged that they executed the same in their authorized capacities, and that by their signatures hereon, the trust upon which the persons acted, executed this instrument. WITNESS my hand and official seal. My commission expires: RLS Commisslon al 1007409 Notary - California Los Mama Cale, COM. E s Nov 3 2013 Colorado River Fire Rescue David Pesnichalk 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Spring Creek Ranch ADU David: November 1, 2017 This letter is to advise you that I have reviewed File Number: GAPA-08-17-8571, Spring Creek ADU request located at 811 CR 313 in New Castle, CO. Due to the complexity of this ranch building area, I request that a site visit be scheduled by the owner or owner representative with me to insure that we can successfully respond to any emergency at this location. I would request that this proposed ADU have a separate address from the main residence to aid emergency response. I have no further requirements or concerns with this proposed ADU and future single family dwelling on this property. This addition to the property will not add any impacts to CRFR or our response to that area. Thank you for allowing me to review this referral and please feel free to contact me with any questions or concerns. Thank You, Orrin Moon, Prevention Division Chief/Fire Marshal CRFR.