HomeMy WebLinkAbout2.0 Staff Report PC 03.11.92PC 3nlt92
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:Preliminary Plan review of the
Wooden Deer Subdivision
Carbondale Land Development
Corporation
Schmueser Gordon Meyer, Inc.
Resource Engineering, Inc.
CTl/Thompson, Inc.
A parcel of land located in the SW%
of Section 24 and Lot 3 and the
NWTr NWTr Section 25, T7S, R88W;
more practically described as a
parcel located approximately 1.5
miles northeast of Carbondale off of
C.R. 103 and 104.
APPLICANT:
ENGINEERS:
LOCATION:
SIEDATA: A98.1 acreparceltobesplitnto2?
single family lots
WATER: Central water system
SEWER: Individual Sewage Disposal Systems
ACCESS: C.R. 103
ZOMNG: A/R/RD
L RFLATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel of land is located in the following Comprehensive Plan Management
Districts:
District A - Carbondale Urban Area of Influence;
District C - Rural Areas/Minor Environmental Constraints;
District E - Rural Areas/Severe - Moderate Environmental Constraints; and
District F - Rural Areas/Severe Environmental Constraints.
It appears that a majority of the property in located in Management District F.
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I DESCRIPTION OF THE PROPOSAL
A. Site Descriftion: The subject property is located at northeast corner of the
intersection of C.R. 103 (Crystal Springs) and 104 (Blue Road). The property
is essentially a north/south trending rectangle running parallel to C-R. 103.
There is approximately 300 feet of relief over the length of the property.
The property is divided into two (2) basic topographic areas. The southern one-
third of the property consists of moderately sloping (5 to 20%d hillsides. One
minor intermittent drainage traverse this portion of the property and is tributary
to Crystal Springs Creek. Soils in this area vary in depth from six (6) to eighteen
(18) feet and consist of clay mixed with sands and gravel. This portion is
vegetated primarily with grasses and sage.
The northern two-thirds of the property consist of moderate to severely sloped
(25 to 4OrA hillsides. This portion of the subject property is heavily wooded
with pinon/juniper vegetation, typical of a southern exposure. Soils in this
portion of the proposed subdivision are shallow and laden with basaltic cobbles
and boulders. The majority of this portion of the property slopes steeply to the
south from the high point of the property. The very northern portion of the
property slopes downward to the north, in the opposite direction as the
remainder of the parcel.
There are no perennial streams on the property, and only one intermittent
drainage on the southern half of the property. Groundwater is located at
considerable depth on this property.
There are no improvements on the subject property. The property has
historically been used for cattle grazing.
Development Pro$osal : The applicant is proposing a twenty-two lot subdivision
of the 98 acre parcel. The gross lot density will be one (l) pet 4.46 acres. Lots
range in size from 9.1 to 2.00 acres in size.
Background: A sketch plan application was submitted to staff in December
1971 and reviewed by the Planning Commission at the January 1992 meeting.
The current plan is largely identical to the sketch plan
III.REVIEW AGENCY/PI TBLIC COMMENTS
Colorado Geological Survey: Unable to visit the site due to the snow cover.
Garlleld County Road and Rridge: Concerned abut erosion, snow build-up,
limitations on access onto C.R. 104(?) and that design work be done to illustrate
driveway grade.
C. Division of Wildlife: Property is critical deer habitat. Accepts applicant's
wildlife protection measures. Concerned about the limitations of deer and elk
harvesting.
D. Basalt Water Conservancy District: A water allotment contract to apply to
beneficial use.22 cubic feet of direct flow rights and{.Zacre feet of storage water
for augmentation of proposed wells.
B.
C.
A.
B.
4.Lot Design/Develonment: No building envelopes have been identified on the
preliminary plan. This issue is relevant to the recommendations of the
geotechnical report. This report recommends not locating building envelopes on
the slopes greater than 2.5t1 (4lW restricting excavations to less than six (6) feet
into hillsides. A signihcant percentage of the lots contain these conditions.
Building envelopes, with adequate documentation of compliance with these
requirements, should be identified.
Because of the steep side slopes in the middle of the subdivision, driveway cuts
will require considerable excavation. Each cut in excess of six (6) feet, should be
reviewed for stability. The Road and Bridge Department has recommended
"that lots with steep cross slopes should require a detailed cross section in the
vicinity of the access for the lot to illustrate the grade of the driveway."
Fire Protection: The proposed fire protection system includes the surplus water
(14,000 gallons not included in residential consumption calculations) in the
domestic storage tank and a 10,000 gallon cistern located adjacent to the
entrance. Both facilities will be fitted with hydrants for access by the hre
department.
The Carbondale and Rural Fire Protection District have verbally recommended
certain upgrades to the fire protection plan. These include two (2) additional
turnouts on the cul-de-sac and an additional 10,000 gallons of storage at amid-
point on the cul-de-sac.
Roundary Issues: The current legal description and survey for the subject
property is based on an uncontested section corner. The County Attorney has
indicated that this method of description is satisfactory. The applicant is
proposing to quit claim all that property that was included in the original
description.to the adjacent land owners. The submission of these quit claim
deeds should serve as adequate verification of the uncontested boundaries of the
subject property.
Zoning: A number of relerences have been made in the application to
"caretaker's residences. " A,/R/RD zoning does not provide for the establishment
of "caretaker's residences. " The regulations do provide for the residential use for
domestic employees and their families employed on the property as an accessary
use. Additionally, a guest house is permitted as a special use, permitted by the
BOCC. This issue needs to be clarihed. If guest houseVdomestic employee
residences are to be allowed, their impact on traffrc generation should be
considered.
Section 5.04.01 - 3 of the ZoningResolution requires the identification of areas
of the subdivision over 40%. Those portions of the lot in excess of 40Yo do not
count towards the minimum lot size. A number of the proposed lots do not meet
the minimum lot size based on this requirement.
Comfrrehensive Plan: (see map) Section 4:33 of the Subdivision Regulations
requires that the Board review an application based on compatibility with
various issues including the Comprehensive Plan. The following comments will
addressthe project's compatibility and non-compatibility with these applicable
portions of the plan.
5.
6.
7.
8.
q
Agriculture: (Policies: all) The subdivision may have impact on adjacent
agricultural uses by its incompatibility. lmpacts from agricultural
uses; noise, odor etc. will be experienced in the subdivision.
Conversely, the subdivision utilizes non-productive, non-
agricultural land. Those lots adjacent to the subdivision are the
largest, increasing the buffering effect to some degree.
Housing:(Policies: 2a,3,4b, 5 & 6) Existing platted subdivision lots do
exist in small numbers in the CarbondaleilVlissouri Heights area.
Conventional zoning, not PUD, is being employed. Low and
moderate income housing is not being proposed. Limited
physical separation exists between the subdivision, ranch uses and
a gravel quarry east of the development. Themajority of lots will
have positive solar orientation.
Recreational/Open Space: @olicies: 2) While the subdivision will not create
dedicated open space, it is not located within an intercommunity
corridor.
Transportation: (Policies: 2,3,4,5b,6, 7,8 &9) County regulations do not
have any provision for off-site improvements to County roads.
The applicant is limiting traffic to one intersection, although an
existing intersection could provide access. Theproposal doesnot
discourage automobile use. The road design will require
substantial cut and fills. The proposed design does not meet
current standards. The road plan separates suldivision traffrc
from truck traffrc leaving the Blue pit.
Water and Sewer Service: @olicies: 1,2,3,5 & 6) The proposal will provide
adequate water and sewer services. The development could not
feasibly connect to any existing water/sewer systems. Soil types
and lot sizes accommodate ISDS. This low density development
cannot reasonably connect to an existing system.
Environment: @olicies: l, 3, 4, 5, 6, 7,8 & 9) A significant portion of the
subdivision is located in areas of severe environmental
constraints. Development is discouraged in these areas (over
25%). The development should have little inspection water
quality. No revegetation or slope protection has been proposed.
Development on lesser slopes should be mitigated. Development
on steeper slopes will result in loss of vegetation cover and visible
cut slopes. The development should be compatible with the
wildlife habitat with the property.
Community Service: @olicies: l, 2 & 3) The development has reasonable
accessibility to services. Fire Department has reviewed the
proposal and suggested modifications.
STIGGESTED FINDINGS
1. That proper publication and public notice and posting were provided as required
by law for the hearing before the Planning Commission.
TV.
2.
3.
That the hearing before the Planning Commission was extensive and complete,
that all pertinent facts, matters and issues weresubmitted and that all interested
parties were heard at the hearing.
That the proposed subdivision of land is in general compliance with the
recorrmendations set forth in the Comprehensive Plan for the unincorporat,ed
area of the County.
That the proposed subdivision of land conforms to the Garheld County Zoning
Resolution.
That all data, surveys, analyses, studies, plans and designs as are required by the
State of Colorado and Garf,reld County have been submitted and, in addition,
have been found to meet all requirements of the Garfield County Subdivision
Regulations.
RECOMMENNATION
Due to the inability of the application to meet all requirements of the Subdivision and
Zorurrg regulations, Staff cannot r@ommend approval. Also staff has concerns
regarding the lack of documented access on both routes. However, if the Planning
Commission feels that all requirements of the Subdivision and ZoungRegulations can
be conditionally satislied and that the plan is in general agreement with the
Comprehensive Plan, then staffrecommends that the Commission's recommendation
be conditioned on the following items:
That all representations of the applicant, either within the application or stated
at the public hearings before the Planning Commission and the Board of County
Commissioners shall be considered conditions of approval, unless stated
otherwise by the Planning Commission and the Board of County
Commissioners.
The Homeowner's Association shall be incorporated in accordance with
Colorado Revised Statute requirements.
The applicant shall prepare and submit a Subdivision Improvements Agreement
addressing all on-site improvements, prior to the submittal of a final plat.
The applicants shall submit improvement plans for all roads, bridges, utilities,
fire protection, improvements signage and drainage structures prior to the
submittal of the final plat.
That all proposed utilities shall be placed underground.
That all cut slopes created during construction shall be revegetated with native
grasses and shrubs with adequate weed control. All revegetation shall be in
accordance with the applicant's revegetation plan. Revegetation and
landscaping shall be included in the Subdivision [mprovements Agreement. In
addition, adequate security shall remain in place for a period of two (2) years to
guarantee the survival of all plantings.
That the applicant shall demonstrate that procedures are established for the
maintenance of all roadways and bridges, including Snow removal, through the
Homeowner's Association.
3.
4.
v.
1.
2.
3.
4.
5.
6.
7.
That the applicant shall pay $200 per lot in School Impact Fees prior to the
approval of the Final Plat.
That the following plat notes shall be included on the Final Plat:
The recommendations of the Colorado State Forester and U.S.F.S.
wildhre prevention guidelines shall be followed in the construction of all
structures.
b. Prior to issuance of a building permit, the owner ofeach lot shall prepare
and submit a soils and foundation report, an I.S.D.S. design, and a
_- h*n( grading and drainage plan prepared and certifi,qd by a professional
r - Nt99> engineer. Allimprovementsshallbeconstructediniccq.rdancewithsuch
WVf measures which shall be a condition of the building /ermit. (- ':
c. Certain lots may require pumps to increase residential water pressure.
That the Water Allocation Contract shall be transferred from the developer to
the Homeowner's Association. The Homeowner's Association shall enforce
individual compliance through covenants.
That the applicants shall prepare and submit protective covenants, articles of
incorporation and other Homeownet's Association documents including byJaws
will be submitted for review by the County Attorney prior to the approval of the
Final Plat.
That the covenants will provide that there will be no resubdivision of the lots.
That all roadways shall be constructed in accordance with the design standards
in effect at the time of submittal of the Final Plat.
That the applicants shall provide a hre protection plan approved by the
Carbondale and Rural Fire Protection District. Adequate water storage shall
be included in the proposal. All recommendations of the fire protection plan
shall be considered conditions of approval and included in the Subdivision
Improvements Agreement.
That prior to the submittal of a Final Plat, well permit(s) approved by the State
Engineer's Office shall be submitted. Well permits shall be transferred from the
developer to the Homeowner's Association.
TheFinal Platshall identify building envelopes that arein confonnancewith the
recommendations of the geotechnical report.
That a plat note requiring staking and certif,rcation by a R.L.S. verifying
building location within approved envelope. This requirement shall be
incorporated into the restrictive covenants.
That adequate easements for wells, waterlines and other attendant facilities shall
provide on the Final Plat.
That ten (10) foot perimeter easements on each lot should be provided for utility
purposes.
8.
9.
13.
t4.
10.
11.
t2.
t6.
17.
18.
19.
15.
20.The applicant shall provide road signage in accordance with the Uniform
Manual of Traffrc Control. These should be included in the Subdivision
Improvements Agreement.
The applicant shall provide copies of quit claim deeds from adjacent land
owners.
The applicant shall provide an access easement from John Powers to the
Homeowner's Association authorizing public access to the subdivision priorto
the submittal of the Final Plat. Provisions for usage and maintenance of this
easement should be addressed in the covenants.
The applicant shall provide a non-access easement on those lots abutting C.R.
104 for the purpose of restricting all but emergency access onto C.R. 104'
The applicant shall provide an access easement from C.R. 103 to the subdivision
boundary from the Martins for emergency ingress/egress. This easement should
be gfanted to the Homeowner's Association. Provisions for usage and
maintenance olthis easement should be addressed in the protective covenants.
prior to the approval of the Final Plat, the applicant shall submit an approved
augmentation plan.
Prior to the approval of the Final Plat, the applicant shall submit approved
plans (by Colorado Department of Health) for the proposed community water
system.
All requirements of the Road and Bridge Department contained in their memo
shall be considered conditions of approval.
21.
22.
23.
24.
25.
26.
27.
BASALT WATBR CONSBRVANCY DISTRICT
WATIiR AI,I.OTMENT CONTITACT
Pursuant to C.R.S. 1973,37-45-l3t
Carbondale Land Developrnent Corporation (hereinafter "Applicant") has applied to the
Basalt Water Conservancy D1strilt (hereinafter the "District"), a political subdivision of the State
of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973,
32-45-101, At ggq., for an allotment Contract for beneficial use of water rights owned, leased,
or hereafter arquii.A by the District. By execution of this Contract, Applicant agrees to ihe
following terms and conditions:
l. QUANTITY: In consideration of the covenants and conditions herein contained,
Applicant rt.lt U" "r,titf.d
to receive and apply to beneficial use 0.22 cubic feet of water per
secind from the l)istrict's direct flow rightJ and +.2 acre feet per year of storage water owned
or controlled by the District.
2. SOURCE OF AI-LO'I-[ED WATER: Water rights allotted pursuant to this
Contract shalt be from ttre District's water rights decreed to the Basalt Conduit, I-andis Canal,
Stockrnan's Ditch Extension, or other decreesor water rights hereafter acquired by the District,
including the District's contractual right to receive storage water from Xuedi Reservoir. The
District shall have the right to designate the water right or Decree of the District from which the
Applicant's allotted righis shalt be obtiainerl. The Applicant's use of anl of the District's water
riii,ts shall be subject-to any and all terms and conditions imposed by the Water Court ort the
use of the Districtis said ri[nts. Exchange releases made from the l)istrict's storage rights in
Ruedi Reservoir or other w6rks and facilities of the District shall be delivered to the Applicant
at the outlet works of said storage facility and release of water at suclt outlet works shall
conslitute full performance of the, District's delivery obligation. Delivery of water from the
District,s storage rights in Ruedi lleservoir shall be subject to the District's lease Contract witlt
the United Staies Bureau of Reclamation and any rules and regulations promulgated pursuant
thereto.
3. EUBPOSE AND I,OCATION OF IISE: Applicant will use the waters hcrein
granted for benefici.ipurpor.s limited to the augmentation of existing and future wells and other
water sources, within oi through facilities or upon lands owned, operated, or scrval by
Applicant, which lands are described as the Wood Deer Subdivision, Garfield Cottnty, Colorad-o;
pr&iO"a that the location and purpose of Applicant's use of said water shalt be legally
iecognized and permitted by the ipplicable governmental authority having jurisdiction over lhe
profirty served. Applicant's coritemplated usage for the water allotted hereundcr is for the
following use or uses:
x
Other
Domestic/Municipal
-
Industrial/Commercial
-
Agricultlral
Applicant acknowledges that usage of the District's water rights as herein contemplatul
shall be in lieu of or suppleriental to Afplicant obtaining or adjudicating, on its own, the right
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to usc ccrtain wat€rs. It is acknowledged that certain locations within the District may not be
susceptiblc to scrvice solely by the District's water rightsallotted hereunder or the District's said
watcr rights may not satisfy Applicant's needs and purposes. To the extent that service cannot
bc achieved by use of the District's allotted water rights, or in the event said service is
inadequate, Applicant may, utilize such other water rights, by way of supplementing the
District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable
for Applicant's intendcd purpose or purposes. AII lands, facilities and areas served by water
rights allotted hereunder shall be situated within the boundaries of the District. The District
reseryes the exclusive right to review and approve any conditions which may be attachcd to
judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant
agrees to defray any out-of-pocket expenses incurred by the District in connection with the atlot-
ment of water rights hereunder, including, but not limited to, reimbursement of legal and
engineering costs incurred in connection with any water rights adjudication necessilry to allow
Applicant's use of such allotted water rights; provided, however, in the event any such
adjudication involves more of the District's water rights than are allotted pursuant to this
Contract, Applicant shall bear only a pro-rata portion of such expenses. Applicant shall be
solely responsible for providing works and facilities, if any, necessary to utilize the District's
water rights allotted hereunder for Applicant's beneficial use.
Water service provided by the District shall be limited to the amount of water available
in priority at the original point of diversion of tlre District's applicable water right and neither
the District, nor those entitled to utilize the District's decrees, may cal[ on any greater amount
at new or alternate points of diversion. The District shall request the Colorado State Engineer
to estimate any conveyance losses between the original point and any alternate polnt and such
estimate shall be deducted from this amount in each case. The District, or anyone using the
District's decrees, may call on any additional sources of supply that may be available at an
alternate point of diversion, but not at the original point of diversion, only as against water
rights which are junior to the date of application for the alternate point of diversion.
In the event the Applicant intends to develop an augmentation plan and institute legal
proceedings for the approval of suclr augmentation plan to allow the Applicant to utilize the
water allotted to Applicant hereunder, the Applicant shall give the District written notice of such
intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize lhe
water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or
engineering expense of the District incurred by the District for the purpose of developing and
adjudicating a plan of augmentation for the District. In any event, the District sha[ have lhe
right to approve the Applicant's augmentation plan and the Applicant shall provide the District
copies of such plan and of all pleadings and other papers filed with the Water Court in lhe -
adjudication thereof.
4, PAYMENT: Applicant shall pay annually for the water service described herein
at a price to be fixed annually by the Board of Directors of the District for such service. Tfre
initial annual payment shall be made, in full, within 15 days after the date of a notice fronr the
District that the initial payment is due. Said notice will advise the Applicant, among olhei
things, of the water delivery year to which the payment shall appty and the price which,li
applicable to that year. Annual payments for each year thereafter shall be made by llie
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Applicant on or before each March l. If an annual payment is not made by the dtte date, written
notic" thercof will be sent by the District to the Applicant at Applicant's address set forth below.
If payment is not made within ten (10) days after said written notice, the District may, at its
opiion, clect to terminate all of the Applicant's right, title, or interest untler this Contract, in
which event the water right allotted hereunder may be transferred, leased or otherwise disposed
of by the District at the discretion of its Board of Directors.
In the event water deliveries hereunder are made by or pursuant to agreement with some
other person, corporation, quasi-nrunicipal entity, or governnrental entity, and in the event the
Applicant fails to make payments :rs required hereunder, the District may, at its sole option and
request, authorize said person or entity to curtail the Applicant's water service pursuant to this
Contract, and in such event neither thc District nor such persons or entity shall be liable for such
curtailment.
5. APPROPRIATION OF FUNDS: The Applicant agrees lhat so long as this
Contract is valid and in force, Applicant will budget and appropriate from such sources of
revenues as may be legally available to the Applicant the funds necessary to make the annual
payments in advance of water delivery pursuant to this Contract. The Applicant will hold
irarmless the District and any person or entity involved in the delivery of water pursuant to this
Contract, for discontinuilnce in service due to the failure of Applicant to maintain the payments
herein required on a current basis.
6. BENEFIT OF CONTRACT: The water right allotted hereundcr shall be
beneficially used for the purposes and in the manner specified herein and this Contract is for the
exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or
lessee of said Applicant without the prior written approval of the Board of Directors of the
District.
In the event the water right allotted hereunder is to be used for the benef,rt of land which
is now or will hereafter be subdivided or otherwise held or owned in separate ownership intcrest
by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the
Applicant's rights hercunder only to a homeowners association, water district, water and
sanihtion district or other special district properly organized and existing under and by virtue
of the laws of the State of Coloracto and then only if such association or special district
establishes to the satisfaction of thc Basalt Water Conseryancy District that it has the ability and
authority to assure its performance of the Applicant's obligations under tlris Contract. In no
event stratl ttre owner of a portion, but less than all, of the Applicant's properly to be servcd
under this Contract, have any rights hereunder, except as such rights may exist through a -
homeowners association or special district as above provided. Any assignment of the
Applicant's rights under this Contract shall be subject to and must comply with ry9h
requirements as the District may hereafter adopt regarding assignment of Contract rights and the
assumption of Contract obligations by assignees and successors, provided that such requirements
shall uniformly apply to all allottees receiving District service. The restrictions on assignment
as herein contained shalt not preclude the District from holding the Applicant, or any successor
to the Applicant, responsible for the performance of all or any part of the Applicant's covenants
and agreements herein containerl.
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7, OTHER RUI-ES: Applicant's rights under this Contract shall be subject to the
Water Service Plan as adopted by the District and amended from time to time; provided that
such Water Service Plan shall apply uniformly throughout the District among water users
receiving the same service from lhe District. Applicant shall also be bound by the provisions
of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board
of Directors of the District, the plumbing advisory, water conservation, and staged curtailment
regulations, if any, applicable within the County in which the water allotted hereunder is to be
used, together with all amendments of and supplements to any of the foregoing,
8. CURTAILMENT OF USE: The water service provided hereunrler is expressly
subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District
Court in Water Division 5 of the State of Colorado, which Stipulation provides, in part, for the
possible curtailment of out-of-house municipal and domestic water demands upon the occurrence
of certain events and upon the District giving notice of such curtailment, all as more fully set
forth in said Stipulation.
9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into
an 'Operation and Maintehance Agreement" with the District if and when the Board of Directors
finds and determines that such an agreement is required by reason of additional or special
services requested by the Applicant and provided by the District or by reason of the delivery or
use of water by the Applicant for more than one of the classes of service which are defined in
the Rules and Regulations of the Board of Directors of said District. Said agreement may
contain, but not be limited to, provision for water delivery at times or by means not provided
within the terms of standard allotrnent contracts of the District and additional annual monctary
consideration for extension of District services and for additional administration, operation and
maintenance costs, or for other costs to the District which may arise through services made
availabte to the Applicant.
10. CHANGE:OF USII: The District reseryes the exclusive right to review and
approve or disapprove any proposed change in use of the water right allotted hcreunder. Any
use other than that set forth herein or any lease or sale of the water or water rights allotted
hereunder without the prior writtcn approval of the District shall be deented to be a material
breach of this Contract.
,
ll. PRIOR RIISOLIITION: The water service provided'hereunder is exprcssly
subject to that certain Resolution passed by the Board of Directors of the District on September
25,1979, and all amendments lhereto, as the same exists upon the date of this application and
allotment Contract.
12. NO FEE TITI-E: It is understood and agreed that nothing herein shall give the
Applicant any equitable or legal fee title interest or ownership in or to any of the water or water
rights of the District, but that Applicant is entitled to the right to use the water right allottul
hereunder, subject to the limitations, obligations and conditions of this Contract.
13. CONSERVATION PRACTICES: Applicant shall implement and use commonly
accepted conservation practices with respect to the waterand water rights allotted hereunder and
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shall bc hound by any conservation
amendcd from time to time.
APPLICANT:
plan hereafter adopted by the District, as the same may be
Carbondale l-and Corporation
spen, CO 81612
STATE OF COLORADO
coUNrY oFgAg,etgtD_
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Subscribed and sworn to before me this 16ru day of Felt ruarg, 1992, by
6cotk Writer
rist r"ry ffiffi,$ilJ:ll,Hl "gi:fi;f'
a-
Notary PublicU
CINDY
HUGHES
)
ORDER GRANTING APPLICATION ITOR ALLOTMENT CONTRACT
Carbondale Land l)evelopment Corporation
Application having be.r:n made by or on behalf of Carbondale I-and Development
corporation and all partiei interested in the foregoing Water Allotment Contract and hearing on
said .tpplication having been duly held, it is hereby ordered that said Application be granted and
that the foregoing Water Allotmlnt Contract for 0.22 cubic feet of water per second frorn the
District,s direct flow rights ud 4.2 acre feet of water per year of storage water owned or
controlled by the Districi is hereby approved and executed by and o1 behalf of the Basalt Water
Conservancy nistrict, for the beneficial use of the water allotted in the foregoing Contract, upon
the terms, conditions and manner of payment as therein specified and sulrject to the following
specific conditions:
l. Ttre Applicant sfuall establish a Homeowners Association or other entity acceptable
to the District for the ongoing payment of charges due under the approved Contract following
sub6ivision of the propJrty aisiriU.A in the Application on file with the District and lhe
Applicant shalt givi noti.i to purchasers of all or any part of the -sulrject
property of the
oUtigation of this-Contract, and sirall record such notice in the records of the Clerk and Recorder
of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all
rules and regulations now existing or hereafter adopted by the District to enforce payment of
charges due under tfie approved Contract by present and future owners of all or any part of the
real property served under the Contract.
Z. The Applicant shall provide the District proof that the proposed land use of the
land to be benehttei'Uy the water allotted hereunder has been approved by the applicable
governmental authorities having jurisdiction over such land use, including evidence satisfactory
Io the District that each lot or pircet to be benefrtted hereunder is legally subtlivided.
3. Any and all conditions imposed upon the release and diversion of water allotterl
hereunder in any water rights plan of augmentation or other water rights decree of the Water
Court for Water Division N". 5 shall be incorporated herein as a condition of approval of this
contract. Cranting of this allotment contract does not constitute the Districts representation that
the Applicant wili receive a well permit or water rights decree for the land to be bencfittetl
hereby.
4. The Applicant has acknowledged that the land to be benefitted by the water
allotted hereunder is located within the District's seryice Area B and the Applicant is aware that
the District's temporary water supply plan approved by the state engineer is conf,tncd to District
service Area A. Accoidingly, thebistrict's sole obligation under this contract shall be to rcleasc
the water allotted hereunder at the outlet works of Ruedi Reservoir.
5. If Applicant intends to clivert water through a well, Applicant shall provitlc lltc
District a copy of Applicant's valid well permit before the District is obligated to allot watcr for
la
thc bcncfit of Applicant hereunder.
6. The Applicant has acknowledged that the land to be benefitted by the foregoing
and attached Contract is described as theWooden Deer Subdivision, Garfield County, Colorado.
BASALT WATER CONSERVANCY DISTRICT
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I hereby certify that the above Order was entered by the Directors of the Basalt Water
Conservancy District on the 13th day of lanuary, 1992.
ATTEST:
Secretary
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STATE OF COLORADO I
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
FEF€R TO
ffiDIVISION OF WILDLIFE
AN EOUAL OPPOSTUNIIY EMPLOYER
Porry O, Olion, Olreclor
6060 Broadway
Oonvot, Colotado 8O216
Tolephono: l303l 297'1 1 S2
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DEPARTMENT OF NATUFAL BESOURCES, Hamlet J. Barry, Executive Director
WILDLIFE COMM|SSION, William R. Hegberg, Chairman . Dennis Luttrell, Vice Chairman r Eldon W. Cooper, Secretary
Felix Chavez, Member . Rebecca L. FranK Member . Gene B. Peterson, Member e George VanDenBerg, Member . Larry M. Wright, Mentber
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Februar";v 14, 199:1
Marli 8e.rrr. F1.;rnnir"rg Dep,:rt.rteill:
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Frf ter revieuling Lhe preliniinary plaris 'f or Llre above nrerrt.ionerl
sub<li'.,ision I l-rave list.erl t-lrril fol.lttl.ri.r"l{ fJoinIs 'foi- rliscussion"
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COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING _ 13'I3 SHERMAN STREET
DENVER, COLORAOO 80203 PHONE (303) 866-261 1 !- .
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ROY R. ROMER
GOVERNOR rEB I 0 teez'
eABrtfficoulrrY
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GA-92-0005February 5, L992
Mr. Andrew McGregor, Planner
Garfield County Planning Department
1-09 8th Street, Suite 303
Glenwood Springs, Colorado B16Ol-
Re: Wooden Deer PreliminarY PIan
t,i,.r rDear Mr. McGregor:
on Monday of this week we received the subdivision-review submittal
from your department referenced above. Because of the steep slopes
and glologicl complexity of the area, wo witl need to do a geologic
field study of the area before we can make adequate review comments
in the legatly required geotechnical critique of the proposal.
Unfortunatefy, snow cover will prevent us from doing this until
into the spring months, at the earliest, mid-ApriI. Unfortunately,
this is belrond your requested response time whichr ds indicated in
your cover memorandum, ends March 5. Therefore, we request that you
lrant us a time extension to do the work and deliver the review to
yo, in late April to early May of this year.
P}ease let us know if this is alright as soon as possible.
SiTlrcereIy,
/)"-,-- 'a. - J--^/-^-./dmes M. Soule
b,/rqineering Geologist
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GEOLOGY
THE PAST... KEY TO THE FUTURESTORY OF
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DISTRICT E
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Rural Areas/Severe Environmental Constraints
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Constraints
Rural Areas/Minor Environmental Constraints
Urban Area of Influence
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GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
Febnrary 24,1992
Scott Writer
Carbondale Land Development Corporation
Post Of hce Box 9705
Aspen, CO 81612
RE: Wooden f)eer Preliminary Plan
Dear Sr:ott:
The following comments constitute our preliminary revicw of your application. caclt item or
issue is relerenced by the applicable portion ol the Srrbdivision Regulations unless otherwise
stated.
4:50 ll. -
c.-I assume that the clescription ol the current plat is based on an undisputed
Reqrrires certihcation by a registered stlrveyor.
corner. Prior to any aclion being taken by the BOCC, we
demonstration of acceptance by the adjacent property owners.
Are mineral owners and/or leasees sltown on tlre plat?
requlre
D.
FI.
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The existing power line is not shown as an eascment on the plat.
There is no {ocunrentation of an easement with l)owers providing access from
C.R. 103. Also, weneecl docunrentation olan easemen[ with the Martins for the
emergency ingress/egress easement. These nee<I lo be rclercnced on the
Preliminary Plan. Also, these parties woultl neerl to be signators on the l?inal
Plat.
Roads should be depicted as drainage easements as well.
Stanclard lot setbuoks need to be depicted on tlrc l)relinrinary Plan.
Requires a land use breakdown on the Prelirninnry Pl:tn.
t09 BTt-f s'rREET. SUTTE 303 . g45.82L21625-55711285-7972 . GLENWOOD SPRINGl3. COI-O Br6di
Scott Writer
Page 2
Februirry 24,1992
O. - Nee{ to verily that all existing easements are shown on the plat.
4:60 A. - Theapplication necdssomecliscussion ofthetermso[dedication forroadsand
anyotherconmon facilities. Will roadsbepublic orpr:ivate? Who will own and
maintain all other common facilities? Wltat about Martin antl Powers
easentents?
(1. - Need evidence of the easements from Powers. Same with Martins. Also, is the
existing roadway a County Road? Will it require vacation? You may want to
ask your surveyor to check this one out.
4:70 D. - Wilcllife report does not discuss habitat, only mitigation measures.
4:91
E.-
4:92 D.-
R2-There is no relerence to the proposed method o[ l-urancing the improvements to
your water system.
What is tfie estimatetl date of approval o[the plan lor augmentation? Also, as
we cliscussed with Lee, you should provide an opinion from Basalt Watcr
Conservancy District's counsel verifying the valitlity oI their contracls.
The percolation tests only adtlress the soutlt half ol the property. In ortler to
provide an adequate analysis ol the whole property, some percolation tests
should be dug on the north half, particularly on tlte steep sloped portion o[tlre
property.
A proposed management plan needs to address "operation and maintenance of
the on-site systems."
E.-
4:93 - Plans need to be llbelled "Not for Construction."
Scott Writer
Page 3
Fcbruary 24,1992
9:21:l
9:44
9:53
9:55
Due to the steep slopes on some of the lots, and tho lack of percolation tests
the whole property, I'm not strre this requirement can be satisfiecl'
g:21:2,3 - Are all the proposed lots of sull'icient size and design (particularly lots 6,7 a
l4) to meet these two (2) requirements'
9:31 Absent an easement lrom Powers, there is no proof o[ legal access from
103.
9:34-9:36 -It should be noted that the roads do not meet current minimum col
slandards. Also, there is no provision lor downsizing roatl width within
confines of the subdivision.
There is no proposed road design and location for the emergency access roa
it crosses the Martin ProPertY.
Yourengineer neetls to come trp with a traffrc coun[ (V.T.D.) based on ctl
ITETrip Generation standards? Also, i[guest houses are to be an option,
they will neetl to be figtrred into the eclttation.
All culverts and related drilinage struottlrcs must conrply.
Does you system meet these requirements?
It appears that there is a conflict between the proposetl 3" water lines a
requirement lor 4" ntains.
9:61 - Ttrerearenot "reprcsentative" percolation testscovering theentireplatted
namely the north halI of the subclivision'
9:71 - proposed changes in the l-rre protection plan, that were discussed in our on
nreeting with Ron Leach, shoulcl be included in the application package.
,ty
he
tlre
reil,
Scott Writer
Page 4
February 24,1992
Toning Resolution
3.02.01-.03- There is no provision for "caretaker's residences" as discussed in Section 2Aii of
you application text. Employee housing is pernritted only relative to atr
agricultural operation. Guest houses are permittcd as a Special Use (3'02'03)
subjecttotheconclitionsorrtlinedinSection5.03.
3.02.0g - Do the lots meet the minimum lot size in light of Scction 5.04.01?
5.04.01-.03- This section will rerluire the identification of all portions olthe subdivision with
slopes over 40yu. portions ol lots in excess of 40Yu do not count towards
minimum lot size. This lot slope/area determinalion slrould be made by your
Project engineer.
Comprehensive Plan
Our sta[I review will include an extensivc
compliance with the Comprehensive Plan'
of narrttive.
review of yottr application flor compatibility and
I suggest yott address this docunrent in some type
Call mo ityou have any questions about any of this'
Sinceroly,
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Andretv C. McGrcgor
Planner
ACM/db
xc: Don DeFord