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HomeMy WebLinkAbout2.0 Memo to BOCC 02.12.1998MEMORANDUM TO: Board of County Commissioners FROM: Eric McCaffe SUBJECT: Cedar Ridge Farms Subdivision Decision on Extension of Preliminary Plan Approval DATE: 12 February, 1998 This matter is before the Board of County Commissioners pursuant to a request by the applicant to extend a previously approved, subdivision preliminary plan. The Board will recall that a portion of the subject property was proposed to be split, by exemption, from the tract. Staff had recommended the Board take a disposition toward the validity of the preliminary plan, either in conjunction with the exemption application, or in a separate hearing. After conferring with all parties involved, it was determined the exemption application would be tabled until the Board's determination of whether or not to extend the preliminary plan, as required by Section 4:34 of the Garfield County Subdivision Regulations. Consistent with Section 4:34, a preliminary plan approval is considered valid for one (1) year from the original date of approval, unless an extension of not more than one (1) year is granted by the Board, prior to the expiration of the original approval. The original resolution of approval is dated July 15, 1991, and staff canind no information that the preliminary plan has ever been extended. See Resolution 91-062, pages 0 . In staffs opinion, technically, the preliminary plan approval has expired specifically because no extension was ever requested or granted. After discussion with the County Attorney, Don advised that extension or revocation should be decided at the conclusion of a formal, public hearing. Staff has reviewed the existing information contained in the Cedar Ridge Farms subdivision preliminary plan file and has attached the original sketch plan staff report, preliminary plan report, and other pertinent information. In summary, the subdivision proposed a total of seven residential lots varying in size between 4.4 acres and 17.6 acres, with a remaining open space parcel of 46.1 acres. It is not immediately clear whether the open space parcel would be provided as common open space to the subdivision, or would be utilized only by the applicant. This acreage would be subdivided from the tract, yet no infrastructure would be provided. Staff recommends that the acreage formally be reserved as open space and be dedicated to the homeowner's association, with the appropriate protective covenants included, if approved. Slope across the parcel varies from a minimum of 7.5% to a maximum of 28%, with vegetation varying from pinion and juniper on the steeper slopes to pasture grasses and sage on the gentler - sloped portions. A sketch plan was reviewed by the Planning Commission in 1982, at a time when sketch plans were subject to approval or denial. The sketch plan was approved, with conditions, and a later preliminary plan was approved, also with conditions. See sketch plan report and preliminary plan report, pages /i- 2 1 . The tract remains zoned A/R/RD; and the subdivision lots would be served by individual wells and septic systems. The engineering report contains well production information, which purports the pumping capacity of an existing well is 40 gallons per minute. No actual well pump test seems to be included in the preliminary plan submittal, so it is not known whether this rate is an estimate or is actually based on a pump test of some duration. See information, pages 21 " ZS . A legal water supply would be premised on a water augmentation plan that has granted conditional water rights, for 15 gpm, for the individual wells. Upon a finding of due diligence, the water referee has continued the conditional water rights, until November, 2000. See information, pages 21-3 0 . Individual sewage disposal systems were proposed, with preliminary percolation information suggesting engineered systems may be required. A condition of approval requiring engineered building foundations, for lots 1 thru 3, was attached. Access would be provided from the existing intersection with County Road 103 and, as an original condition of approval, required to meet County standards, which staff interprets to mean Semi - Primitive access standards. Additional approval conditions regarding access included Fire District approval of the cul-de-sac design, a requirement to reimburse Hawkridge subdivision lot owners for a pro -rata share of pavement costs, presumably for County Road 103, as well as extending the paving of CR 103, from Hawkridge to the entrance to Cedar Ridge Farms. In terms of Comprehensive Planning, since the time of the original approval of this subdivision preliminary plan, the County has adopted a new Plan. The subject tract lies within the Medium Density Residential (6 to less than 10 acres per dwelling unit) Proposed Land Use District. Density of the subdivision would result in 8.1 acres per dwelling unit, without including the remaining 46 acres. In regard to density, the proposed covenants include provision for "caretaker's units" that would be allowed on the individual lots. If allowed, true gross density would decrease to 4.0 acres per dwelling unit. Item 14 of Resolution 91-062 requires that Article 3 of the covenants be altered to comply with zoning. Staff can only guess that this requirement was meant to address the proposed caretaker units. In staffs opinion, caretaker units should only be allowed as a special use, consistent with underlying zoning, due to their impact on infrastructure (roads, water supply, wastewater treatment) and neighboring properties. Additionally, the proposed covenants would allow up to three (3) dogs per residential lot, which contradicts the County's policy of allowing one (1) dog per lot. Conclusion; The subdivision, if it were proposed today, would not likely be approved, as submitted, because it either contradicts existing policies (dog policy), or it is incomplete in other areas (reservation of common open space, drainage plan, physical water supply). However, these deficiencies are mitigated somewhat by a general adherence to the new comprehensive plan and the application of the recently -adopted road impact fee. The subject tract is within Impact Area #11, which would be required to contribute a per lot fee of $3840, which equates to a total of $26,880. This fee may be in excess of the amount that would be contributed from adherence to approval condition #16, yet staff has no way of calculating the actual cost. In staff's opinion, this matter exemplifies the problems associated with past subdivision approvals that have never proceeded to final plat. In effect, the Board is being requested to rejuvenate a subdivision that seemed to have expired by a lack of interest on the applicant's part. Although the augmentation plan has been kept alive, no other progress toward finalizing the subdivision seems to have occurred. After further consultation with Don, he has advised that since the applicant has not requested an extension, within the time allotted, and since very little progress has been made toward complying with conditions of approval and submittal of a final plat, then this preliminary plan cannot be extended. In the interest of fairness, the applicant's agent claims to have not necessarily been advised of Don's opinion of application of Section 4:34. In my case, I have indicated to the applicant that at least one other preliminary plan has been extended, without an annual review (Mamm Creek Industrial Park). From the date of original approval of Mamm Creek, June 1981, there has been an inconsistency on how Section 4:34 has been applied. My information was based on a review of the files in the Planning Department, which was cross-checked with Resolutions on file in the Clerk and Recorder's Office. There seems to be a gap between formal extensions, between the years 1987 and 1989, inclusive. (It is possible that extensions may be reflected in the minutes of the proceedings, but this information has not been researched.) Based on this situation, the Board is being requested, by the applicant, to mediate the situation that has arisen and either formally extend or formally rescind the preliminary plan approval. Staff has provided findings and conditions that would be appropriate for whichever decision the Board makes. SUGGESTED FINDINGS - DENIAL 1. That proper publication and public notice and posting were provided as required by law for this hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 3. That the subdivision preliminary plan is not in conformance with Section 4:34 of the Garfield County Subdivision Regulations of 1984, as amended. 4. The Board finds that the applicant has not made satisfactory progress in the pursuit of finalizing this subdivision, has not adhered to specific approval conditions, and further finds that the previously approved preliminary plan has expired and is hereby revoked. 3 In staffs qualified opinion, the extension of the subdivision preliminary plan is considered worthy of approval, with the following qualifications: 1] Conduct a well pump -test, or demonstrate a pump -test has been conducted, which meets the following standards: 24 hour duration; well depth; static water level; drawdown and recharge characteristics; 2] Submit a drainage plan that meets the standards of Section 4:80(D); 3] Formally include the remaining 46.1 acres as open space and address its nature (common open space or otherwise) and maintenance within the protective covenants; 4] Change covenants to limit amount of dogs, per lot, to one (1); 5] Require all "caretaker units" to be considered as special uses, consistent with underlying zoning. The submittal of the above information would require these proceedings to be continued, to a date certain, to allow the applicant time to submit the information and the Planning Department time to review the information. The Board would then entertain the information in the continued public hearing and would render its decision at the conclusion of the hearing. If the Board determines the above items are not required, and considers it appropriate to extend the validity of the preliminary plan, staff recommends all previous requirements of Resolution 91-062 be enforced, with the following suggested findings and amendments to Resolution 91-062: SUGGESTED FINDINGS - APPROVAL 1. That proper publication and public notice and posting were provided as required by law for this hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 3. That the proposed subdivision of land is in conformity with the recommendations set forth in the Comprehensive Plan, for the unincorporated area of the County. 4. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 5. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted. 6. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. Due to the unique circumstances surrounding this proposal, there has been conflicting advice given to the applicant. The extension granted herein shall in no way be considered a precedent by which any other similar application will be granted, by this or any other applicant. S. The Board finds that the applicant has made satisfactory progress in the pursuit of finalizing this subdivision, adherence to all approval conditions, and submittal of a final plat and further finds that the previously approved preliminary plan is still valid. SUGGESTED AMENDMENTS TO APPROVAL CONDITIONS OF RESOLUTION 91-062 2] The community dumpster tract should be an easement, not a separate lot. 4] The subdivision improvements agreement may be submitted with the final plat. 5] All roadway improvements may be submitted with the final plat. 6] Add the following tot he protective covenants or plat notes: "One (1) dog will be allowed for each residential unit within this subdivision and the dog shall be required to be confined within the owner's property boundaries. Enforcement provisions shall be developed for allowing the removal of a dog from the area, as a final remedy in worst cases. "No open hearth solid -fuel fireplaces will be allowed anywhere within this subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." "The minimum defensible space distance for structures shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." This plat note shall substitute for #3. "The individual lot owners shall be responsible for the control of noxious weeds." 7] Add to this condition a requirement of contributing the applicable road impact fee. 9] This requirement must be satisfied within the final plat submittal. 11] Delete the $200 amount and require an appropriate school impact fee that would be calculated at the time of submittal of final plat documents. 13] There should be a determination on how this requirement would be enforced. 16] If the applicant contributes road impact fees, then this condition must be rescinded. Additional: Require inclusion of the remaining 46.1 acres as open space and address its nature (common open space or otherwise) and maintenance within the protective covenants STATE OF COLORADO )ss County of Garfield At a rog„lar meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 15th of .7nly A.D. 19 91 , there were present: Arnold T._ Marklay Pinar (RnrkPy) Arhanay Marian T, Smith non npFnrrl Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 91-062 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE CEDAR RIDGE SUBDIVISION. WHEREAS, Sandy Smith has filed an application with the Board of County Commissioners of the Garfield County Planning Department, this Board finds as follows: 1. That proper publication, public notice and posting were provided as required by law for the hearings before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the Garfield County Board of Commissioners recommended approval of the Preliminary Plan. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 5. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted, reviewed and found to meet all sound planning and engineering requirements of the Garfield County Subdivision Regulations. 6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 7. That for the above -stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of the Cedar Ridge Subdivision for the following described unincorporated area of Garfield County be approved with the following conditions: 1. That all representations of the applicant, either within the application or stated at the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless otherwise stated by the Board of County Commissioners. 2. That the applicant shall reserve a tract of adequate size in a central location for a community dumpster. The tract shall include a concrete pad with wood fencing or masonry walls for screening purposes. This tract shall be dedicated to the Homeowner's Association and reserved in perpetuity for this purpose. The Homeowner's Association shall be responsible for the upkeep and maintenance of this tract. 3. That the Homeowner's Association shall be incorporated in accordance with C.R.S. requirements. 4. That the applicant shall submit a subdivision improvements agreement addressing all on-site and off-site improvements prior to the submittal of a Final Plat. 5. That the applicant shall submit improvement plans for all roadway improvements prior to the submittal of a Final Plat. 6. That the following plat notes shall be included on the Final Plat: 1. Soils test and engineered foundations shall be required on Lots 1-3 and may be required on all other lots. 2. Engineered wastewater systems may be required. 3. Wildfire prevention guidelines of the U.S.F.S./Colorado State Forester shall be incorporated in site planning and residential design. 7. That the proposed roadway shall be constructed in accordance with Sections 9.34 and 9.35 of the Subdivision Regulations. In addition, any subsequent standards and specifications for road design that are adopted prior to the submittal of the Final Plat may be applicable. 8. That the applicants shall provide written endorsement from the Colorado Division of Water Resources. 9. That the applicants shall provide written authorization by the Carbondale Fire District consenting to the cul-de-sac design. 10. That all utilities shall be placed underground. 11. That the applicant shall submit $200 per lot in School Impact Fees prior to the submittal of the Final Plat or in conjunction with the Subdivision Improvements Agreement. 12. That the water rights for the domestic wells be transferred the Homeowner's Association or the individual lot buyers. 13. That the applicant shall make provision for repayment of pavement costs to the Hawkridge developers as identified in their Subdivision Improvements Plan. 14. That the applicants shall modify Article 3 of the proposed "Protective Covenants" to bring them into compatibility with minimum zoning regulations. 15. All recommendations of the Division of Water Resources in their 9-11-90 letter shall be incorporated into the Final Plat and the applicants covenants. 16. The applicants shall (chip and seal) surface C.R. 103 from the end of the pavement to the entrance of the Cedar Ridge Farm to a similar standard as required for Hawkridge. to 17. The applicants shall revegetate all cut slopes and disturbed areas with a certified weed free seed and monitor. LEGAL DESCRIPTION: See attached Exhibit A. Dated this 15th day of 1„ly , A.D. 1991 . ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Cl-rk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Arnold L. Marklay R1mar (Rnrkayl Arhan.y Marian T_ Smith STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners 0.i Vii" "1+• _ - -.r- ';' iy.�.'!��h ,may 4‘, ,i"r •,�..; Beginning at the Quarter Corner common to Sect ons 12r Township and Range, �,K: Y3 't�. k�•:-,� thence S.84°16'22" E. along the Section line between said Sections' :12 and 13, 210.00 feet to a point in the center of the Park Ditch;' thence along the centerline of said ditch S.16°07'31" E. 40.35 feet; thence S. 26°17'50" E. 76.58 feet; thence S. 34°58'50" W. 179.02 feet;' thence S. 21°25'52" W. 97.27 feet; thence S. 09°41'43" E. 57.78 feet; thence S. 14°07'.35" E. 322.35 feet; 'thence S. 12°03"17" E. 139.33 feet; thence S. 73°54'25" W. 138.94 feet; thence S. 01°31'14" E. 294.00 feet; thence S. 05°28'32" E. 109.40 feet; thence S. 21°16'33" E. 67.58 feet; thence S. 64°12'36" E. 116.10 feet; thence S. 52°13'39" E. 95.46 feet; thence S. 10°49'10" E. 116.53 feet; thence S. 26°39'52" E. 157.36 feet; thence S. 18°20'39" E. 70.39 feet; thence S. 27°01'44" E. 142.09 feet; thence S. 39°23'09" E. 143.24 feet; thence S. 02°53'08" W. 96.14 feet to a point on the Northerly right-of-wa line of County Road No. 103; thence along said right-of-way line, 59.31 feet along the arc of a curve to the right, having a radius of 1044.57 feet the chord of which bears: S. 81°47'25" W. 59.30 feet; thence S. 83°25'00" W. 115.08 feet; thence 116.32' feet along the arc of a curve to the left, having a radius of 741.22 feet, the chord of which bears S. 78°55'16" W. 116,20 feet; thence 230.70 feet along the arc of a curve to the left, having a radius of 423.13 feet, the chord of which bears S. 58°48'21" W. 227.86 feet; thence 90.93 feet along the arc of a curve to the left having a radius of 408.67 feet, the chord of which bears S. 36°48'42" W. 90.75 feet; thence leaving said right-of-way line N. 89°16'38" W. 32.34 feet; thence S. 01°06'40" W. 492.34 feet to a point in the center of said Park Ditch; SEE ADDED PAGE 001683, Page 2 • thence S. 79°54'59" W. 105.66 feet along the center of said ditch; thence N. 06°38'19" W. 240.30 feet; thence N. 73°01'11" W. 409.45 feet; thence N. 54°06'22" W. 675.91 feet; thence N. 10°48'08" W. 313.56 feet; thence N. 12°35'49" W. 1436.10 feet; thence N. 18°16'24" W. 529.17 feet; thence N. 00°19'40" E. 456.51 feet; thence N. 88°12'04" W. 174.20 feet; thence N. 10°24'04" W. 591.49 feet; thence S. 77°29'14" E. 737.75 feet; thence S. 27°08'04" E. 412.25 feet; thence S. 0.1°18'01' E. 122.39 feet; thence S. 03°51'39" E. 233.82 feet; thence S. 45°01'08" E. 273,91 feet; thence S. 03°42'58" W. 76.44 feet; thence N. 87°58'57" E. 762.34 feet more or less to the Quarter Corner common to Sections 12 and 13 in said Township and Range, the point of beginning. Except that portion of said parcel lying in Lot 7 of Section 13, said Township and Range. PARCEL B: A parcel of land situated in Lot 8 of Section 12, Township 7 South, Range 88 West of the Sixth Principal Meridian, described as follows; Beginning at the Quarter Corner between Sections 12 and 13 in said Township and Range; thence S. 87°58'57" W. 762.34 feet along a fence; thence N. 03°42'58" E. 76.44 feet; thence N. 45°01'08" W. 273.91 feet; thence N. 03°51'39" W. 233.82 feet; thence N. 01°18'01" W. 122.39 feet; thence N. 27°08'04" W. 412.25 feet; thence S. 77,°29'14" E. 1166.80 feet to a point on the North-South Centerline of said Section'12, thence S. 01°27'21" E. along the North-South Centerline of said Section 12, 713.02 feet to the point of beginning. County of Garfield State of Colorado 001684 Page 3 BOCC 12/3/90 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Cedar Ridge Farm Preliminary Plan OWNER/APPLICANT: Sandra Smith PROJECT ENGINEER: Dean Gordon, P.E. LOCATION: A parcel of land situated in the SW 1/4 of Section 12 and the N 1/2 of Section 13, T7S, R88W of the 6th P.M.; located approximately four (4) miles north of Highway 82 on C.R. 103 (Crystal Springs Road) across from the Hawk Ridge Subdivision. SITE DATA: The site consists of 105.5 acres. WATER: Individual wells. SEWER: Individual Sewage Disposal Systems. ACCESS: Proposed private access road off C.R. 103. EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District C - Rural Areas with Minor Environmental Constraints as designated on the Comprehensive Plan Management District's map. II. DESCRIPTION OF THE PROPERTY A. Site Description: The property is located in a rural area of the County, with uses in the vicinity being single family residential and ranching. The property consists of a north -south trending valley and its side slopes. The property drains from south to north in an intermittent channel. The valley floor consists of grasslands and irrigated pasture. The side slopes are vegetated with scattered pinon/juniper and oak trees. At the north end of the property is a single family residence and an enclosed riding arena. B. Project Description: The applicant proposes to divide the 105 acre tract into 7 single family lots ranging in size from 4.4 to 17.6 acres in size. The 8th lot of 46 acres would be retained by the owner for grazing and pasture purposes. C. Background: In 1982, the applicants submitted a Sketch Plan for Cedar Ridge Farm. At that time, the submittal was reviewed by the Planning Commission and the Board of County Commissioners (see enclosed staff comments, (pages ]). No major objections were voiced at that time to the submittal. The current Preliminary Plan submittal is similar in design to the approved Sketch Plan reviewed in 1982. III. REVIEW AGENCY COMMENTS A. Colorado Geological Survey: No major geological impediments exist in this area. Major concerns are foundation design, adequate grading and drainage and radon mitigation (see letter on page ). B. Mt. Sopris Soil Conservation District: Their concerns include preservation of existing irrigated lands, soil erosion and adequate dog control (See letter on page C. Colorado Division of Water Resources: Requested that plat notes and protective covenants be developed consistent with water augmentation plan limitations. Noted that the water report by Dean Gordon indicated hard water. (See letter pages D. Colorado Department of Health: Notice that ISD systems must meet county and state requirements. IV. MAJOR ISSUES AND CONCERNS A. Design: Six (6) of the 8 proposed lots are located on the hillside slopes above the valley floor. Slopes on these lots, particularly Lots 1-4, range upwards to 25%. These slopes may present difficulty for wastewater and foundation design as well as requiring substantial excavation, Lots 7 and 8 are located on gentler terrain in the valley floor. Vegetation removal for homesite development should be minimal with the exception of Lots 2 and 3 where substantial amounts of pinyon/juniper oak scrub exist. B. Roads: The applicants are proposing to extend an internal roadway from C.R. 103 into a "K" turn -around adjacent to Lots 1 and 2. This roadway will consist of a 24 foot wide platform with 10' travel lanes and 2' shoulders within a 50' right-of-way. The proposed surface is gravel. There is currently an existing roadway within this alignment varying in width from 16 to 20 feet. From the "K" turn -around, a lesser width road right-of-way will extend to Lots 6 and 7. (See enclosed map on page Section 9:34 of the Subdivision Regulations state that private roadways may be permitted provided they meet all requirements of the regulations including design stand- ards. Minimum standards for this type road include a 28' driving surface width (includes minimum 2' shoulders) and a chip and seal surfacing treatment. Section 9:34 allows cul-de-sacs in excess of 600' in length if acceptable for fire protection purposes. A minimum cul-de-sac turn -around radius of 50' is required. No provisions for "K" turn-arounds are included in the Subdivision Regulations. In addition, contributions (ie. chip and seal surfacing) towards the upgrading of C.R. 103 may also be required. Specific contributions will be determined at a later date. •( Water: The applicants are proposing individual wells on each of the proposed lots. Two potential groundwater re- sources exist in the vicinity, in the shall alluvial deposits and in the underlying basalts. Typically, the basaltic deposits yield higher quality and more reliable water. The existing well on Lot 7 is in bedrock at a depth of 186' and produces upwards of 50 g.p.m. Typical yields would probably be 5 to 25 g.p.m. The applicants have approved water rights and an augmentation plan for the construction of 7 wells. This plan provides .03 CFS for domestic in-house use, lawn and garden irrigation, stock watering and fire protection. The property is traversed by an irrigation ditch which waters the irrigated pasture land. It is unknown whether the applicant intends to transfer any of these rights to future lot owners. E. Wastewater: The applicants are purporting that septic tank/leachfield system will suffice for wastewater dis- posal purposes. I.S.D.S. systems are currently in place on Lots 6 and 7 serving the existing residence and riding arena. S.C.S. soil survey data indicates that there may be severe limitations for septic tank/absorption fields due to the steep slopes and presence of large stones. F. Fire Protection: The subject property is located within the Carbondale and Rural Fire Protection District. No response from the District has been received to date. The applicants are proposing a 5000 gallon cistern for fire fighting supply. G. Drainage: Stormwater runoff will be collected through a series of existing culverts and routed through natural drainage courses. Runoff will leave the property heading northward concentrated into an intermitted stream bed. No significant increase in stormwater runoff should be generated by the development proposal. H. Wildlife: No response has been received from the Division of Wildlife regarding impacts of wildlife. Covenants will restrict the number of dogs and require that they be kenneled to reduce potential for conflicts with wintering deer and elk. I. Utilities: The applicants are proposing to place underground electric service within the 50' road right- of-way. No reference to telephone service has been indicated in the application. V. SUGGESTED FINDINGS A. That proper publication, public notice and posting were provided as required by law for the hearing before the Planning Commission; and B. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; and C. That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County; and D. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution; and E. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted and, in addition, have been found to meet all requirements of the Garfield County Subdivision Regulations. VII. RECOMMENDATION On September 12, 1990, the Planning Commission recom- mended APPROVAL, subject to the following conditions: 1. That all representations of the applicant, either within the application or stated at the public hearing before the Planning Commission shall be considered conditions of approval, unless otherwise stated by the Planning Commission. 2. That the applicant shall reserve a tract of adequate size in a central location for a community dumpster. The tract shall include a concrete pad with wood fencing or masonry walls for screening purposes. This tract shall be dedicated to the homeowner's association and reserved in perpetuity for this purpose. The homeowner's association shall be responsible for the upkeep and maintenance of this tract. 3. That the homeowner's association shall be incorporated in accordance with C.R.S. requirements. 4. That the applicant shall submit a subdivision improve- ments agreement addressing all on-site and off-site improvements prior to the submittal of a Final Plat. 5. That the applicant shall submit improvement plans for all roadway improvements prior to the submittal of a Final Plat. 6. That the following plat notes shall be included on the Final Plat: 1. Soils test and engineered foundations shall be required on Lots 1-3 and may be required on all other lots. 2. Engineered wastewater systems may be required. 3. Wildfire prevention guidelines of the U.S.F.S. should be incorporated in site planning and residential design. 7. That the proposed roadway shall be constructed in accord- ance with Sections 9.34 and 9.35 of the Subdivision Regulations. 8. That the applicants shall provide written endorsement from the Colorado Division of Water Resources. 9. That the applicants shall provide written authorization by the Carbondale Fire District consenting to the cul-de- sac design. 10. That all utilities shall be placed underground. 11. That the applicant shall submit $200 per lot in School Impact Fees prior to the submittal of the Final Plat or in conjunction with the Subdivision Improvements Agreement. 12. That the water rights for the domestic wells be trans- fered to the Homeowner's Association or the individual lot buyers. 13. That the applicant shall make provision for repayment of pavement costs to the Hawkridge developers as identified in their Subdivision Improvements Plan. 14. That the applicants shall modify Article 3 of the pro- posed "Protective Covenants" to bring them into compat- ibility with minimum zoning regulations. 15. All recommendations of the Division of Water Resources in their 9-11-90 letter shall be incorporated into the Final Plat and the applicants covenants. 16. The applicants shall (chip and seal) surface C.R. 103 from the end of the pavement to the entrance of the Cedar Ridge Farm. CEDAR RIDGE SUBDIVISION SKETCH PLAN Owner: Sandy Smith - Cedar Ridge Farm, 3059 103 Road, Carbondale, CO 81623 Planner: Jim Curtis - Real Estate Affilites, 300 East Hyman Avenue, Aspen, CO 81611 Location: Approximately 4 miles north of Highway 82 on County Road 103 (Crystal Spgs. Rd) Site Data: The parcel is a 102 acre parcel of gently rolling topography located above Cattle Creek to the north. Water: Proposed from individual wells on each lot. Sewer: Individual septic systems on each lot. Existing Zoning: A/R/RD (Agricultural, Residential, Rural Density) Adjacent Zoning: North: A/R/RD South: A/R/RD East: A/R/RD West: A/R/RD Adjacent Land Uses: North: Steep terrain to Cattle Creek South: Agricultural East: Agricultural West: Agricultural Relationship to the Comprehensive Plan: This parcel is located in Management District C, a rural area with minor enviromental constraints -Page 70 of the Comprehensive Plan. These lands have moderate suitability to absorb growth. Non-agricultural and non-productive cropland shall be considered best able to absorb growth. Road access and condition shall be used to evaluate the relative ability of areas within District C to absorb growth. District C shall be considered to have a maximum density of one unit per 5 acres. Any development in District C which is determined to have a high degree of visual impact shall receive special attention to building siting, etc. Description of Proposal: A) The site is located on agricultural land which seems to be phasing out of production. The site is primarily vegetated with clusters of oak, juniper, and pinion with irrigated areas of hay. The site is gently rolling and slopes to the north toward Cattle Creek. 8) The project consists of 7 single family lots ranging in size from 5 acres to 17 acres. There is proposed an 8th lot of 46 acres to be used and maintained as pasture land for horses. Major Concerns and Issues: A) The applicant is proposing that the existing dirt road into the property be retained "as is" as a private road. It is against county policy to allow private roads and it is inappropriate to allow subdivisions to have access off substandard internal access streets. 8) The applicant is also proposing individual wells on each lot as opposed to a central water system. The commission should pay special attention to this request because the county has not approved, in recent times, any subdivisions over 6 lots on individual wells. Individual wells, each with a plan for augmentation, do not represent, in the staff's opinion, a major prohlem to water supply for the subdivision. c) Fire protection is a major issue for the subdivision. The applicant proposes individual 1,000 gallon cisterns on each lot. Ito comment has been received from the Carbondale Fire Department regarding cisterns of this size, but should be available by the Planning Cormission meeting. 0) Hawk Ridge Subdivision has been required to chip and seal County Road 103 from the existing paved portion to their project. Cedar Ridge Subdivision should be required to extend the paving to their access. Cedar Ridge and Hawk Ridge Subdivision should be required to share in the costs of improvements to County Road 103 on a per/lot basis. E) The preliminary soils report indicates that there may be potential limitations for septic systems because of soils. individual perk tests should be preformed on each lot to determine whether standard or engineered septic systems will he required. 3/5/5.1 Cftr)Ae-4.4,-0 ``'/ `°'''`n /� FINDINGS: This proposal seems compatible with the precedent which has been set for larger lot sizes in this part of Missouri Heights. The proposal also meets the basic provisions of the comprehensive plan. Therefore, the staff does not find any major objectives to this proposal. RECOMMENDATION: Approval with the following conditions: Cts^ c"l' -e 1) That the major access road within the subdivision be constructed to county standards. 2) That the issue of fire protection be addressed in detail at preliminary plat and comply with the reconnendations of the Carbondale Rural Fire District. 3) That Cedar Ridge Subdivision be required to extend the paved portion of 103 Road to their access and share in the costs of road improvements with Hawk Ridge Subdivision on a cost per/lot basis. 4) That perk tests be performed on each lot to determine whether standard or engineered septic systems will be necessary. OL,Q,...„ • xxior,b, .04'; 6.A.f..42„..4, 1( GA -91-0004 ROY R, ROMER GOVERNOR August 23, 1990 of • coto� + 476 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES � JOHNWROLD OtRECTOR 715 STATE CENTENNIAL GUILDING - 1313 SHERMAN DENVER,COLORADO 80203 PHONE nv�mmxvn u './� � ., `•].•' �r.- -. '� '.`` 'AUG %D13SO I. --. Y Mr. Andrew McGregor Garfield County Planner 109 8th Street, #303 Glenwood Springs, CO 81601 RE: Cedar Ridge Farm Dear Mr. McGregory: We have reviewed the materials submitted regarding this proposal and the general and engineering geology of the area. Proper foundation design, adequate grading and drainage and radon mitigation are the critical issues in this area. The foundation design and grading/drainage recommendations found in the Chen/Northern and Lincoln DeVore reports should be followed. Structural design or HVAC systems should be modified to minimize the potential for radon gas accumulation in occupied huildin0s' If these conditions are met, we have no objections to the approval of this subdivision. Yours Very Truly, 4 Jeffrey L. Hynes Senior Engineering Geologist lnl:JLH-9l-5lOO 6081 GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE .`�,���� `�- . • . . ` �� �'^ ' '' . '� �•` • Mour,_ . •;'yis Soil Conservation District P.O. BOX 1302 GLENWOOD SPRINGS. COLORADO 81601 August 3, 1990 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Andrew: ALM 31990 Ili_ Lu:i�_>_L:•�oritr At the regular monthly meeting of the Mount Sopris Soil Conservation District the Board reviewed the plans for Cedar Ridge Farm. Since they had reviewed a plan for this property in the past, they were very familiar with the property. Some of the concerns they did note were that although a table was shown using the SCS soil symbols, they felt that the complete information sheets on each of these soils are very helpful to those reviewing as well as the landowners. Since this service is provided without cost by the Soil Conservation Service, they would urge that the material be included in full in packets. Since irrigation is used on this land, the Board recommends that continued use of the ditch be preserved for homeowners' use, and any erosion the ditch may cause or have within the ditch be controlled as much as possible. As always, the Board is concerned about soil and water preservation, and encourages the use of measures that ensure water quality as well as control of soil erosion. With this area being one with wildlife populations, the Board recommends that strict control of animals, especially dogs, be maintained. Again, the Board appreciates being allowed to make comments on development within their boundaries. Sincerely, Dee Blue, President Mount Sopris Soil Conservation District CONSERVATION DEVELOPMENT . SELF .GOVERNMENT ROY ROMER Governor of * 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver. Colorado 80203 (303) 866-3581 September 11, 1990 Mr. Andrew McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cedar Ridge Farm Preliminary Plan SE1/4 NW1/4, Section 13, T7S, R87W JERIS A. DANIELSON State Engineer s` GAF;. �UuNTY .990 Dear Mr. McGregor: We have reviewed the above referenced submittal for a subdivision of 105.5 acres into seven residential lots. The proposed water supply source is individual wells. An augmentation plan (Case No. 81CW497) has been approved in Water Court. The seven proposed wells are each limited by the augmentation plan to single-family in -house -uses, non-commercial lawn and garden irrigation of up to 0.04 acres, fire protection, and the watering of livestock. Plat notes and protective convenants should be promulgated to limit water uses to those discussed above. The homeowner's association should have powers to enforce these restrictions. The water rights used to replace depletions from the wells in this subdivision should be conveyed to the homeowner's association. One individual should be designated to be specifically responsible for these water issues and his name and telephone number should be provided to our Division Engineer and Water Commissioner. A water supply report prepared by Mr. Dean W. Gordon was submitted indicating that there is sufficient physical supply to serve the development. This report also indicates that the water quality is satisfactory although it mentions that "typically ... the water from these wells tends to be classified as "hard" with respect to mineral content and high in dissolved solids." As long as the above issues are adequately addressed, we can recommend approval of this subdivision proposal. However, we would like to see an amended copy of the protective convenants prior to final platting. JRH/JCM/clf:3073I cc: Orlyn Bell, Division Engineer Bruce DeBrine • it t.( • . Sincerely, 9--cyrnz /\ GP�t.CJ James R. Hall, P.E. Supervising Water Resources Engineer )q, • STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 222 So. 6th St, Room 232 Grand Junction, Colorado 81501 September 6, 1990 Telefax: (303) 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7190 (Grand Junction Regional Office) Garfield County Planning Department Attn: Andrew McGregor, Planner 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Re: Cedar Ridge Farm Subdivision Preliminary Plan, Garfield County Dear Andrew: - Roy Roma Governor Thomas M. Vensal% M.D. Directive Director I have reviewed the preliminary plan for Cedar Ridge Farm Subdivision and offer the following comments: 1. The ISD Systems proposed must meet all county and state requirements. 2. Is the proposed subdivision located too far away from Carbondale to utilize Carbondale's central water or wastewater facilities? If you have any questions, please feel free to contact me at 248-7150. Sincerely, Richard H. Bowman, P.E. West Slope Unit Leader Water Quality Control Division RHB/ck cc: Schmueaer Gordon Meyer, Inc. Denver -Planner and Standards File U 17.6 Acs.3 L21 Madeline Corson .l. Suite 101 ,do 81611 cribed. 1 cap L5 15710. •rumesfs as shown. rr with the right to ed by the United Slates ,er J0, 1941, in Book 205 cipating royalty o/ 1/J2 0/ 1 in Document No. 21401.7 and /ma Rent/.. LOT T c/ Ln /73 Richa,I Hotel 3057 103 86 Crbond ,, CO 01623 in CS 0.v 124 S arsa•sr W Je2r3' Jr Acts M ,naps C.w...* LOT 6 9.5 Acs.t i Karl C. and A./ado/ins Lcrson 201 N. 451/ SL Sudo 101 Aspen, Colorado 81611 Nt 1._0..3 so' - s0.7�:' 4,47 ii 1r A 1s' E Jr Acres* Vaay (.....w.t M i, ♦ C� w S.ctw ly 11 S, e Y e 762.-T4 74 T.1 .3.71 k LOI-8 46.1 Acs.k t•LAM S84•16•?rE 210.00' LOT 1 6.0 A,s.± C11 01 s ir I _ VI ul.3.' to w 1 O LOT 2 4.4 Acs.t s ,.furs'' s 'J.c.or- LOT 3 CIS 4.6 Acs.t S 1 x.?! /00610. us lw 0� t LOT S 7.3 Acs.* 9 A'or/ G. and t/adelns Larson ?tt/ Ai I4,1: 51. eu•fr t0/ c:3 Cl L14 H '„ w 8\. •• • CrJ M 7e •' C12 LUT 4 cn 7 0 Acs. t O0 3400• John c c/0 Pc 101 Cc San F, ti e !/ s ..ror•so't. NAV' 1 CZE ou- Jol, Co /. e SCHMUESER GORDON MEYER INC. July 16, 1990 Ms. Sandra Smith 3059 103 Road Carbondale, CO 81623 RE: Cedar Ridge Farm Subdivision Water System Analysis The purpose of this letter is to done with respect to the availabil protection recouulendations on yo posed individual homesites. Groundwater Resources This analysis is based upon a re the State Engineer's Office, dis well drillers and our general kno Attached hereto, also, is a lette Drilling who has drilled a number Cedar Ridge Farm as well as a crop currently serves the riding arena or Lot 7. As stated in the geologic analysi characterized by alluvial/colluvi formations of basaltic origin and are two potential groundwater re: would be wells on the order of 0 formations alongside the existing groundwater resource comes from tt above this area. Generally, we completed in the alluvial format] seasonal precipitation quantities above. The second source would be in the completed in the basaltic format higher yields than those located i anticipate that drilled wells on the basaltic bedrock formations. ably a bedrock well and is report depth. It is also reported tha Generally, we would not antici drilled wells but, rather, yields quality is usually satisfactory f Seldom are any of the Colorado Pr ties exceeded. Typically, however be classified as "hard" with re dissolved solids. The option rem - water softening and/or removal o CONSULTING 1001 Grand Avenue, Suite 2-E Glenwood Springs, Colorado 81601 (303) 945-1004 (303) 925-6501 Fax (303) 945-5948 ENGINEERS & SURVEYORS/ review for you the analysis we have ity of groundwater resources and fire • property with respect to the pro - iew of records available to us from :ussions we have had with the local aledge this part of Garfield County. ✓ from Mr. Wayne Shelton of Shelton of wells in the immediate area of of the well log for the well which and single-family residence located s for the property, the property is al materials which overlay bedrock the deeper Maroon formation. There sources on the property. The first - 100 feet completed in the alluvial roadway on Lot 8. The potential for le significant drainage area located would not recommend that wells be .ons because of their dependence on and irrigation practices in the basin Bedrock formations. Generally, wells ions have better water quality and i the Maroon formations, and we would this property would be terminated in The existing well on Lot 7 is prob- Kd to be on the order of 186 feet in the estimated capacity is 50 gpn. ate yields of this magnitude from on the order of 5 to 25 gpn. Water om wells drilled in these formations. nary Drinking Water Standard quanti- , the water fLau these wells tends to >ect to mineral content and high in ins with the homeowner as to whether E individual minerals is desirable. July 16, 1990 Ms. Sandra Smith Page two We are anticipating that a test well will be completed on Lot 6 the week of July 23rd or July 30th. We have held off any additional water quality sampling on the property with the intent to sample this well immediately after construction. We hope to have these water quality samples returned to the Planning Office well in advance of the Planning and Zoning Commission hearing on the Preliminary Plat Submittal. =In summary, there are a number of producing wells in the immediate vicinity of this property, including one well on the property itself. `We anticipate a high degree of probability that individual drilled wells can be completed as a satisfactory potable water source for all the lots proposed. Fire Protection =I have been working with Mr. Bill Gavette, Chief, Carbondale Rural and Fire Protection District, with regards to the conditions which were Contained in the Sketch Plan approval. The first of these was inclus- ion into the Fire Protection District. From what Bill and I can deter- mine, the property has, in fact, been annexed to the District since the Sketch Plan approval in the early 1980's. The second condition was to 'develop a fire protection plan for the project. A cistern has been agreed to and shown on the Site Plan. will remain available to provide additional input as required with A1"•~''i"' = respect to a potable water supply system for the project. Respectfully submitted, SCBMUESER GORDON MEYER, INC. 23 ELEVATOR HOLES TEST HOLES A1tm .gViang P.O. BOX 1059 BASALT, COLORADO 81621 927-4182 eser Gordon Meyer Inc. 1 Grand Ave Springs, Co. 81601 t May Concern, = . -- July 17, 1990 ;-As a local water well driller who has experience in the Missouri Heights area, ve-been asked to give my opinion on the availability of an adequate aquifer for al'.,,individual wells for the area owned by -Sandy Smith located on County Road After studying my well records and state well records for this area it is my nim that an adequate aquifer does exist in this area at a depth of between 180 300 feet, depending on local elevation changes. Most local wells are producing in 15 to 20 gpm range and some have been producing at that level since the 1960's.have - had very good results in obtaining good quality and quantity water from the canic Aquifer or the underlaying Maroon Aquifer in the Missouri Heights area. er,*as with all potential aquifers there are occasional extremes in depth and ction but I feel that in this case the probabilities of these extremes are very 11 If you have any questions please give me a call. -- •=1 F F' I 1 : 1 _. D I i.7.; I T O C1 L LIPSERCHT I BONDED LICENSED INSURED Sox 475 Frisco. Colorado 80443 668-3564 •an r :t ;;mat h 03 ltd. rr+rYx�n�j.a1P�. c'a1a� 81.623 Oeotn �rr 46 1, 4Q Caning 0. Size 0.0. Feet Port. /0 703(0 L'`)/ eticz;64 .tv.se. • Si:* Pert. Water Level Surf=ce 1/=5 9/16 40 318 90 Eattmntotl Capacity P _ @ 1 N° 0207 oArs LOCATION Mo • Hts • Por F. �.y.r.N.,uw; r1 �rj��JJ1y�. .lII ase CYig'. 50 g•pm $ 24.50 ■ 1 MS: NET - A service charge of 172% per month (18% per year) will be cflarged on alt AST OUE accounts. Customer will be charged with all costs of collection Inctudtng a able attomey's tee it such action becomes necessary. .( •-re .4'.,‘ ••• :.3; �y. .5"- K✓firA i4.4�••'. • 4 -:=til • • 1 1 • Prue Please slcn and return one coon TOTALS - nn .. _. ...-. _ .. • SCHMUESEA GORDON MEYER INC. September 5, 1990 ��`w� 1001 Grand Avenue, Suite 2-E A;q>Glenwood Springs, Colorado 81601 (303) 945-1004 (303) 925-6501 Fax (303) 945-5948 Vti CONSULTING ENGINEERS & SURVEYORS/ Mr. Mark Bean, County Planner Garfield County Building, Sanitation and Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Cedar Ridge Farm Preliminary Plat Submittal Supplemental Information re Potable Water Supplies Dear Mark: In_ order to provide further information with respect to the avail- ability of potable water supplies for the project, a well has been drilled on Lot 6 of the project. Please find attached hereto a copy of the appurtenant information from Shelton Drilling Company with respect to the well, as well as a chemical analysis of the water supply from Grand Junction Laboratories. The well was completed to a total depth of 120 feet. The estimated pumping capacity is in excess of 40 gpm. This is a better than average production for a drilled well located in the formations that underlie the Cedar Ridge Farms project. A brief review of the chemical analysis indicates that all cationic and anionic parameters fall within acceptable levels. You will note that the water has a hardness which would be classified as moderately hard and a total dissolved solids value that is average. On the other hand, both these values are less than the typical value for a groundwater well in this area. Please note that hard- ness is a non -mandatory or recommended limit of the Department of Health and has no significant public health effects. Waters with this level of hardness may or may not be treated with individual softening units at the election of individual homeowners. In conclusion, the well drilling program on Lot 6, as well as the existence of the well on neighboring Lot 7 indicates there is a reasonable expectation of adequate groundwater resources for the proposed Cedar Ridge Farm project. Please feel free to contact me if I can provide any additional information. Respectfully submitted, SCHMUESER GORDON YER, INC. Dean W. Gordon, P.E. President 90083:lec iclosures cc: Ms. Sandy snit's PERMIT NO.JI' II - IIn L, 2 z O 0 0 t1 m 0 w Ec. �I Estimated Capacity Total Drilled 0 C U 0 C U L_ C n e m no cn L� c E 0 U o m 3 0i c 0 rn N c c a- c E a a E o • a � c o N ' 0, 0= al I A 1% handling charge per monlh will be added 15 days from lirsl billing. • 4 Received from: GANO JUNOTIONART 435 NORTH AVYNUR • PHONE 241 -MIS • ORANO JUNCTION, COI.ORAOO *t501 ANALYTICAL REPORT Schmueser Gordon Meyer, Inc.: Dean Gordon Glenwood Springs, CO 9356�� water m Cu u No. Lsbarstcry No. Date Received 8/21/90 Received ' Sample Total Coliform Bacteria Arsenic(Az) Barium(Ba) Cadmium(Cd) Chromium(Cr) Fluoride(F) Lead(Fb) Mercury(Hg) Nitrate(N) Selenium(Se) Silver(Ag) pH Conductivity(025 degrees C Sodium(Na) Calcium(Ca) Magnesium(Mg) Potassium(K) Chloride(C1) Sulfate(So4) Phenol. Alkalinity(CaCO3) Tota'. Alkalinity(CaCO3) Dissolved Solids Hardness(CaCO3) 9/4/90 Due Reputed 9356 Cedar Ridge Farms Well 0 colonies/100ml 0.000 mg/1 0.00 mg/1 0.0003 mg/1 0.002 mg/1 0.43 0.002 0.00013 0.712 mg/ 1 mg/ 1 mg/ 1 mg/ 1 0.000 mg/1 0.0000 mg/1 • 7,45 730 umhos/cm 20.6 mg/ 1 67 mg/ 1 34 mg/ 1 3.1 mg/1 14 mg/ 1 43 mg/ 1 0.0 mg/1 292 mg/1 499 mg/1 318 mg/ 1 La b 15 Colorado Dept. of Health limits for public drinking 0 colonies/100m1 0.05 mg/1 1.0 mg/1 0.01 mg/1 0.05 mg/1 2.4 mg/1 0.05 mg/1 0.002 mg/1 10.0 mg/1 0.01 mg/1 0.05 mg/1 20 mg/1 125 mg/ 1 230 mg/1 250 mg/1 IMP 500 mg/1 200 mg/1 Director; Brian Bauer •r; r DISTRICT COURT, WATER DIVISION NO. 5, CO;.ORADO Case No. 94 CW 272 (83CW378) FILED IN COMBINED COURT GARFIELD COUNTY, CO APR 11 199E RULING OF REFEREE CLER< CONCERNING THE APPLICATION FOR REASONABLE DILIGENCE FOR WATER RIGHTS OF SANDRA SMITH IN GARFIELD COUNTY. The above captioned application for reasonable diligence was filed in November of 1994 and the undersigned Water Referee having made such investigations as are necessary to determine that the statements in the Application are tru, does hereby make the following Ruling in this matter, to -wit. 1. The statements in the Application are true. 2. The names of the structures are Cedar Ridge Farm Subdivision Wells, Nos. 1-7. 3. The name and address of the Applicant is Sandra Smith, 3059 Road 103, Carbondale, CO 81623. (970)963-3507. 4. The sources of the water are wells having depths of approximately 150 feet within the alluvi2m of Cattle Creek. 5. The proposed use of the water is domestic, as specified at C.R.S. 1973, 37-92-602(1)(b), including _awn and garden irrigation and stock watering. 6. The wells are located at speci:_ic points in the NE1/4, NW1/4 and SW1/4 of Sec. 13, T.,7 S., F. 88 W. of the 6th P.M. mentioned in 81CW497. 7. On November 2, 1984 the Water Referee awarded each of the wells conditional water rights for 0.033 c.f.s. (15 gpm) to be used for the above uses. Subsequently, Applicant has complied with all requests of the Court for proof of due diligence, and all such diligence applications have been confirmed and decreed by the Court. In support of this application, AFplicant has submitted an outline of work performed and expenditures made during the last diligence period toward the development c,f these conditional water rights. The Referee, having examined the in:ormation submitted herein and having completed investigations necessary to make a determination in this matter, does fin.: that the Applicant has shown reasonable diligence in the dev,:lopment of the proposed appropriation of the water conditionally awarded to the wells mentioned herein, and, therefore, concludes that the Application - 2_5 - r.. should be granted, and the conditional water right continued in full force and effect. Application for finding of reasonable diligence shall be filed in the month of November of 2000 and in the month of November every sixth calendar year thereafter so long as Applicant desires to maintain this conditional water right or until a determination has been made that it has become absolute by reason of the completion of the appropriation. It is ORDERED that this Ruling shall be filed with the Water Clerk, subject to Judicial Review. It is further ORDERED that a copy hereof shall be filed with the appropriate Divv_io Engineer and the State Engineer. ted Robert C. Cutter No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. Dated / Sandra Smith diligence ruling (94CW272) -2- -36- water Judge