HomeMy WebLinkAbout1.0 PUD Plan ApplicationG.
GARFIELD
SUBDIVISION SUMMARY FORM
Date September 12, 1977
s
County Type of Subdivision:
Request for Exemption
Preliminary Plan
Final Plat
Filing
Subdivision Name LAKE SPRINGS RANCH
Location of Subdivision TOWNSHIP 7 S.
Township ' 6 S. Range 88 W. Sec. 32,33 & 34
Owners) NAME FOSTER PETROLEUM CORP.
ADDRESS P.O. Box 698, Carbondale, CO 81623
xx
RANGE 88 W. SEC. 4 1/4
Subdivider(s) NAME Foster Petroleum Corporation
ADDRESS
Designer NAME SCARROW AND WALKER/KKBNA, INC.
ADDRESS 204 8th Street, Glenwood Springs, CO 81601
Type of Subdivision Number of
Dwelling Units
(XY Single Family
(xA pilmeome+ntS DUPLEXES
( ) Condominiums
( ) Mobile Home
( ) Commercial
( ) Industrial
57
30
N.A.
N.A.
Dedicated
Reserved
Dedicated
Reserved
Private Open Areas
Easements
Other (Specify)
Common Open Space
Street
Walkways
School Sites
School Sites
Park Sites
Park Sites
Area
(Acres)
300
% of
Total Area
68 %
30 6.8 %
24
N/A
5.2 %
88 20 %
Total
442
100 %
Estimated Water Requirements 30,450 Gallons/day.
Proposed Water Source wells
Estimated Sewage Disposal Requirement 30,450 Gallons/day.
Proposed Means of Sewage Disposal Individual Sewage Disposal Systems
ACTION:
Planning Commission Recommendation
Approval ( )
Remarks
Date
Disapproval ( )
Board of County Commissioners
Approval ( )
Remarks
Date , 19
, 19
Disapproval ( )
G. SUBDIVISION SUMMARY FORM
Garfield
Date February 6, 1978
Subdivision Name
County
Lake Springs Ranch
Location of Subdivision
TOWNSHIP
Township
Type of Subdivision:
Request for Exemption
Preliminary Plan
Final Plat
Filing
7 S. RANGE 88 W. SEC. 4 1/4
6 S. SE—R. Sec. 32,33 & 34
Owner(s) NAME FOSTER PETROLEUM CORPORATION
'ADDRESS P.O. Box 698, Carbondale, CO 81623
Subdivider(s) NAME Foster Petroleum Corporation
ADDRESS
Designer NAME Scarrow and Walker/KKBNA, INC.
ADDRESS 204 8th Street, Glenwood Springs, Colorado 81601
Type of Subdivision
Number of
Dwelling Units
Area % of
(Acres) Total Area
(x) Single Family
(X) A4 tmpitg Duplexes
( ) Condominiums
( ) Mobile Home
( ) Commercial
( ) Industrial
47
42
N.A.
N.A.
Dedicated
Reserved
Dedicated
Reserved
Private Open Areas
Easements
Other (Specify)
Common Open Space
Street
Walkways
School Sites
School Sites
Park Sites
Park Sites
242
44
20
n/a
105
59%
11%
5%
25%
Total
411 100%
Estimated Water Requirements
Proposed Water Source
Estimated Sewage Disposal Requirement 31,150
31,150
Wells
Gallons/day.
Proposed Means of Sewage Disposal Individual
Gallons/day.
Sewage Disposal Systems
ACTION:
Planning Commission Recommendation
Approval ( )
Remarks
Date
Disapproval ( )
Board of County Commissioners
Approval ( )
Remarks
Date
, 19
Disapproval ( )
, 19
1
A
LAKE SPRINGS RANCH
411 PLANNED UNIT DEVELOPMENT
GARFIELD COUNTY, COLORADO
OWNER:
FOSTER PETROLEUM CORPORATION
PLANNING:
THE LAND DESIGN PARTNERSHIP
GLENWOOD SPRINGS, COLORADO
CIVIL ENGINEERS:
ELDORADO ENGINEERING COMPANY
GLENWOOD SPRINGS, COLORADO
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SOILS/GEOLOGY:
CHEN AND ASSOCIATES
SOILS ENGINEERS
GLENWOOD SPRINGS, COLORADO
WATER ENGINEERING:
WRIGHT WATER ENGINEERS
GLENWOOD SPRINGS, COLORADO
DATE:
DECEMBER 21, 1978
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TABLE OF CONTENTS
LETTER OF APPLICATION
REGIONAL MAP
AREA MAP
P.U.D OBJECTIVES
SITE CHARACTER
P.U.D. CONCEPT
P.U.D. ZONE REGULATIONS
AREA AND ACREAGE SUMMARY
SUPPLEMENTAL INFORMATION
ENGINEERS STATEMENTS
LEGAL BOUNDARY DESCRIPTION
PROPERTY OWNERS WITHIN 300'
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LAKE SPRINGS RANCH P.U.D. OBJECTIVES
The following objectives are a summarization of the
concepts which have guided the design of the P.U.D.
since its inception.
1. To provide single family residential
housing which is sensitive to the en-
vironment of the site and protective
of the Spring Valley.aquafer .
2. To provide single family housing in a
configuration which is efficient both
in terms of county services and land
development economics while maintaining
a maximum degree of spaciousness and
privacy for each dwelling unit.
3. To provide residents with the oppor-
tunity to keep horses on the P.U.D.
site at a location other than on in-
dividual lots.
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THE SITE
Lake Springs Ranch lies at the southly end of Spring_
Valley in Garfield County, Colorado. County Road 114
runs centrally through the site in a north/south direc-
tion and is intersected from the northwest by County
Road 119 in the center of the property. Primary ac-
cess to the site will be via County Road 114 which has
a chip -seal surface from State Highway 82 to the Colorado
Mountain College leaving only one-half of a mile of
gravel surface to the Lake Springs site. County Road
115 will receive minimal use due to the less than desira-
ble character of the Red Canyon segment of that road and
the additional length of gravel surfaced road which must
be traveled. Minimal up valley traffic may arrive at the
site via Missouri Heights roads connecting to County
Road 114.
Topographically the site includes both valley bottom and
adjoining rolling valley walls with predominately south
and west exposures. Approximately 120 acres of the valley
floor and immediately adjacent gently sloping terrain
has been historically in agricultural production. The
higher portions of the site are vegetated by sage and
scattered stands of gambels oak. Slopes in this area
range from 5% to 40%. In the south central portion of
the site are two spring fed ponds. Over flow from these
ponds is one source of the surface flow on the valley
floor areas of the site. Immediately west across Road 114
from the ponds is a ranchstead consisting of an occupied
residence and several out buildings.
In addition to the small mammals_.and-song--bizds charac-
teristic of this habitat, mule deer may commonly
be seen on the sage hills and water fowl seasonally fre-
quent the larger pond on the site.
UNITED STATES•
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
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P.U.D. DESIGN CONCEPT
Lake Springs Ranch will create single-family residential
lots of one acre minimum size. This size lot provides
a reasonable balance between the spaciousness among dwelling
units and the lineal footage of roads and utilities
necessary to serve the residences. The feeling of spa-
ciousness will be emphasized by the topographic relief
of the site which will assure most dwellings of at least
one view plane which is not dominated by structure.
Construction on each lot will be regulated by an Archi-
tectural Control Committee. The committee will be con-
cerned not only with structural aspects but also the siting
of the structure, site description and landscaping. It
is the intent at Lake Springs Ranch to preserve as much
of the native landscape as possible. For this objective
as well_as the wise stewardship of the Springs Valley water
resources all lots will be limited to a maximum of 2,000
square feet of irrigated landscape. Therefore, the Ar-
chitectural Committee will be particularly concerned with
limiting the area of site disturbance to an absolute
minimum and to see that the disturbed area is anticipated
to coincide with the ultimately desired irrigated land-
scaping. Fencing will be limited to that which is
aesthetically integrated with the structure or proposed
landscaping. In no case will the total area enclosed by
fencing encompass more than the maximum allowed irrigated
area in addition to the therein contained structures and
paving. This limitation to lot development as well as
terrain restrictions which will direct construction to
the front portions of most lots will further increase the
spaciousness in the rear yard.
The lotting configuration has been confined to the higher
areas of the site, leaving occasional areas of steeper
slope and the valley floor as open space. The steeply
sloping areas will be left in native vegetation with
access provided via easements where necessary. Due to
their impact on the native landscape and the reduction
in privacy throughout the development, pedestrian/equestrian
trails connecting the higher open space areas are not being
proposed. The valley floor open space area will be
available .for the pasturing of horses and may include from
one to three ponds. The zoning controls for this area
are written to accommodate an equestrian center which may
serve the horse stabling needs of the Ranch residents.
Provisions including landscape screening may also be made
in this area for the storage of recreational vehicles.
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In addition to the above described open spaces, an
approximately 8 -acre area including and surrounding the
existing spring fed ponds will be developed to function
as a neighborhood park. Facilities anticipated in the
park include picnic shelter, picnic tables and bar-b-ques,
creative play structure, multi -use court, volleyball and
horseshoe pits.
Lot access onto County Road 114 has been held to a minimum
(approximately 5 lots) so as not to interfere with the
"through traffic" character of the road. A slight
re -alignment of 114 near the pond is also anticipated.
County Road 119 is proposed for re -alignment and improvement
throughout the Lake Springs site. At two locations, pro-
posed road right-of-ways have been ectended to the P.U.D.
boundary for the possible connection to adjoining properties
should they develop in the future. All road construction
and all disturbed areas will be fertilized and seeded with
native dryland grasses.
All lots will be served by a central water system sup-
plied by wells and a storage tank. Sewage will be treated
with individual on lot systems. More detailed information
on these subjects is provided in the Engineers Statement
section of this application.
The central water system and the open space lands will be
owned and operated by the Lake Springs Ranch Home Owner's
Association. It may also be possible for the Association
to provide an inspection and maintenance service to assure
the proper function of the individual sewage treatment
systems.
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LAKE SPRINGS RANCH P.U.D. ZONING REGULATIONS
Section I. PURPOSE
A. To carry out the purposes and provisions of
the Garfield County Zoning Resolution, Gar-
field County, Colorado and in particular Section
14.00 of the Garfield County Zoning Resolution,
as amended, the Lake Springs Ranch P.U,.D.
Zoning District is further divided into the
following zoning district classifications:
R/S.F. - Residential/Single Family District
R/C.H. - Residential/Cluster Housing District
A/O.S. - Agricultural/Open Space District
Section II. R/S.F. - RESIDENTIAL/SINGLE FAMILY DISTRICT
A. Uses, by right.
Single -Family dwelling and customary accessory
uses including buildings for shelter or en-
closure of small animals or property accessory
to use of the lot for single family residential
purposes and fences, hedges, gardens, walls and
similar landscape features.
Park and Greenbelt.
B. Uses, conditional.
None
C. Uses, special.
None
D. Minimum lot area.
1 acre
E. Maximum Lot Coverage.
15 percent
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F. Minimum Setback
Front yard -- 30 feet
Side yard -- 20 feet
Rear yard -- 50 feet
G. Maximum Building Height
25 feet
H Off -Street Parking/Residential
Four (4) off-street parking spaces on the same
lot for each dwelling unit or one (1) space
per 600 square feet of floor area whichever
is greater.
Section III. R/C.H. - Residential/Cluster Housing District
A. Uses, by right
Single -Family dwelling, Duplex dwelling, Triplex
dwelling and customary accessory uses including
buildings for shelter or enclosure of small
animals or property accessory to use of the lot
for residential purposes and fences, hedges,
gardens, walls, and similar landscape features.
No more than three dwelling units may exist in
the R/C.H. District.
Park and Greenbelt.
B. Uses, conditional.
None
C. Uses, special.
None
D. Minimum Cluster Housing lot area.
1. The Cluster Housing Lot shall be as
shown on the P.U.D. Plan.
2. Lots within a Cluster Housing Lot shall
have no minimum lot area.
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• E. Maximum Coverage of the Cluster Housing District
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1. 5 percent of the total District area.
2. Lots within the R/C.H. District shall have
no coverage limit except that the combined
coverage of all internal lots shall not
exceed the 5 percent maximum of the total
District area.
F. Minimum Setback from the Cluster Housing District Boundary
1. 50 feet
2. Lots within the R/C.H. District shall have no
setback requirements.
G. Maximum Building Height
25 feet
H. Off -Street Parking
Four (4) off-street parking spaces for each
dwelling unit or one (1) space per 600 square
feet of floor area, whichever is greater.
SECTION IV. A/O.S. - AGRICULTURAL/OPEN SPACE DISTRICT
A. Uses, by right.
Recreational including, stables, riding arena,
kennal, pasture, water impoundments and customary
accessory uses including buildings for shelter or
enclosure of animals or property employed in any
of the above uses.
Recreation Vehicle Storage
Park and Greenbelt
B. Uses, Conditional.
None
C. Uses, Special
None
D. Minimum Lot Area
2 acres
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E. Maximum Lot Coverage
15 percent
F. Minimum Setback.
Front Yard -- 40 feet
Side Yard -- 40 feet
Rear Yard -- 40 feet
F. Maximum Building Height
25 feet
SECTION V.
Except as hereinabove provided, and except for the
following sections of the Garfield County Zoning Re-
solution, all provisions of the Garfield County Zoning
Resolution shall be applicable to the Lake Springs
Ranch P.U.D. Zoning Districts. The Sections of the
said Zoning Resolution which shall have no applicability
are as follows:
Section 3.00 through 3.11.04
• Section 4.01.02 paragraph #1
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LAKE SPRINGS RANCH SUBDIVISION REGULATIONS
Except for the following section of the Garfield County
Subdivision Regulations, all provisions of the Garfield
County Subdivision Regulations shall be applicable to
the Lake Springs Ranch P.U.D. The Section of the said
Subdivision Regulation which shall have no applicability
is as follows:
Section 5.09
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ACREAGE AND DWELLING UNIT SUMMARY
Maximum
ACRES UNITS
Residential/Single Family District 244.7 192
District density .7 units/acre
Residential/Cluster/Single Family District 11.1 3
District density .2 units/acre
Agricultural/Openspace
Lower area 97.0
Park Area 7.7
Upper areas 50.0 35:1— 154.7
County Roads 119 & 114
Proposed Roads
Total Road R.O.W.
Gross project density.
12.9
19.8
32.7
TOTAL ACREAGE
TOTAL DWELLING UNITS 195
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COVENANTS
To further assure the development and continuation of
Lake Springs Ranch as a high quality residential area,
protective covenants will be recorded along with the final
plattings of the P.U.D.. Following are topics of parti-
cular importance to be included in the covenants. A
preliminary draft of these covenants will be provided
to the County Planning Department.
1. Architectural Committee
- -Building siting
- -Site and structural design
- -Landscaping
--Fencing restrictions
2. Lot Use Restrictions
--Residential structure
- -Garage/storage structure
3. Animals
--No horses or livestock on lot
--Dog leashing requirement
4. Underground Utilities Required
5. Vehicle Control
--Limitations on recreational vehicle storage
6. General Site Maintenance
7. Noxious Activities
8. Easements
9. Signs
10. Temporary Structures
SCHOOLS/PARKS DEDICATION
In accordance with Section 5.11 of the Subdivision Re-
gulations of Garfield County, Colorado, as amended,
the Lake Springs Ranch P.U.D. owners will cooperate with
the Board of County Commissioners to appropriately com-
pensate the county for the reasonably necessary public
facilities (schools/parks) required by the future residents
of the P.U.D.
PHASING
i
ASPEN OFFICE
P.0 BOX 8028
Afp'EN. COLORADO 81611
GLENWOOD SPRINGS OFFICE
P O BOX 1286
GLIINWOOD SPRINGS. COLORADO 81601
STEAMBOAT OFFICE
P.O. BOX 5220
STEAMBOAT VILLAGE, COLORADO 80499
SANTO DOMINGO OFFICE
WRIGHT-MENA WATER ENGINEERS
KM 992 ANTIGUA CARRETERA DUARTE
SANTO DOMINGO. DOMINICAN REPUBLIC
RIGHT WATER ENGINEERS, INC.
ENGINEERING CONSULTANTS
2420 ALCOTT STREET
DENVER. COLORADO 60211
303 1 466-6201
Duncan Sinnock
Foster Petroleum
Box 698
Carbondale, CO 81623
Dear Mr. Sinnock:
Glenwood Springs
Tel. 945-7755
December 20, 1978
RE: Revised Water Supply Plan for
Lake Springs Ranch
KENNETH R WRIGHT
WILLIAM L LORAN
RUSSELL E DARR
J CRAIG GREEN
RICHARD D JOHNSON
ROBERT D TAFELSKI
RALPH L TOREN
Based upon Mr. Ron Liston's revised land use plan for Lake Springs
Ranch, we have revised our water requirement estimate for the development.
With the aid of Mr. Scott Balcomb, water attorney for the development, we
have developed the following water resources strategy to meet the ultimate
physical and "legal" needs of the project.
WATER NEEDS
The proposed development will have a maximum of 195 single family
units. It has been assumed that each unit will have an average of 3.5
people requiring 100 gallons per day per person for inhouse use. In
addition, the development's water supply system will provide enough water
to irrigate 2,000 square feet for each lot plus 20 acres of additional
open space irrigation. Total irrigated acres will be 29.
Lawn irrigation requirements for the development were calculated
(Jensen-Haise method) to be 1.5 acre feet per acre of consumptive use.
Assuming a 60% irrigation efficiency for the development, the irrigation
requirement will be 2.5 acre feet per acre.
Waste water treatment will be by individual septic tanks. Effluent from
the septic tanks will be received by leach field or ET (evapotranspiration)
disposal systems. The consumptive use of the inhouse water through the
individual waste water treatment systems will range from 10% to 100%. For
this plan we have assumed that the average consumptive use of the waste
water treatment system will be 25%.
Annual water requirements for full development are as follows:
TOTAL REQUIREMENT CONSUMPTIVE USE
Domestic (195 units) 77 acre feet 19 acre feet
Irrigation (29 acres) 73 acre feet 44 acre feet
150 acre feet 63 acre feet
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Mr. Duncan Sinnock -2-
December 20, 1978
WATER SUPPLY AND WATER RIGHTS
It is our opinion that the proposed development has access to a
reliable long term water supply. Besides having a continuously flowing
spring of about 0.5 cfs, part of the development is located over a large
ground water reservoir which we believe contains more than 10,000 acre
feet of water that is constantly being recharged.
Lake Springs Ranch owns the following water rights:
NAME OF .DITCH AMOUNT APPROPRIATION DATE
Van Cleve No. 1 1.4 cfs 9-05-1882
Van Cleve No. 2 .9 9-15-1882
Van Cleve No. 2 2.0 5-15-1884
ADJUDICATION DATE
5-11-1889
5-11-1889
4-18-1890
These rights have irrigated about 70 acres of land and have had a
historic consumptive use much greater than what is anticipated for the
proposed development.
These rights derive their supply from the Quigley Spring which we
estimate to yield from a low of 300 acre feet per year to more than 1000
acre feet per year.
According to James Quigley, there have been 35 acres irrigated under
the Van Cleve No. 1 and an additional 35 acres under the Van Cleve No. 2.
The State Engineer's office reported a minimum irrigated acreage under both
ditches of 120 acres. Reviewing aerial photography of the area, Wright
Water Engineers concluded a maximum irrigable acreage under both ditches
equals a total of 120 acres. According to Mr. Quigley, all of the water
available from the spring was diverted during the irrigation season to one
or the other of the Van Cleve Ditches. Minimum diversion for a 160 day
irrigation season would be 160 acre feet. Assuming 40% of this diversion
was consumptively used, then the historic consumptive use would be 64 acre
feet.
This minimum of 64 acre feet of historic consumptive use is more than
the proposed consumptive use.
We recommend that Lake Springs Ranch apply for three 200 gpm well
permits and have these wells adjudicated as soon as possible. An augmentation
plan should be submitted to the water court which would transfer the historic
consumptive use from all of the Van Cleve water rights to an alternate point
of diversion at the wells and the spring.
We believe that the available physical and "legal" water supply can
be developed to adequately meet the domestic needs of the proposed Lake
Springs Ranch development, even in the dryest years.
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Mr. Duncan Sinnock
December 20, 1978
-3-
If you have any questions on the above, please don't hesitate to
contact us.
WLL:ep
cc: Scott Balcomb
Dean Gordon
741-22
Very truly yours,
WRIGHT WATER ENGINEERS, INC.
BY .� .C� e`'6.44
William L. Lorah
SURVEYORS
REGISTERED LAND
COLORADO
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December 21, 1978
Garfield County Commissioners
Planning and Zoning Commission
Garfield County
Glenwood Springs, CO 81601
RE: Lake Springs Ranch PUD - Preliminary Utility Plan
Gentlemen:
Please find attached the above referenced report dealing with the
general proposed utility layout. The utility plans as proposed will
conform to Garfield County, State Health Department and other appli-
cable governing codes.
Respectfully submitted,
Q1.0" k
Dean W. G rdon
DWG/jlw
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LAKE SPRINGS RANCH PUD APPLICATION
PRELIMINARY UTILITY PLAN
The purpose of this report is to present the general utility layout
and plans for the Lake Springs Ranch PUD. The development is to in-
clude a maximum of 195 single-family units, each situated on a mini-
mum 1 -acre lot. For purposes of the preliminary sizing of utility
systems, a design population estimate of 3.5 capita/unit for a
total of 683 persons will be used.
Domestic Wastewater
Wastewater treatment will consist of individual sewerage disposal
systems. Each system will be designed on a lot by lot basis; it
is anticipated that conventional septic tank/leachfield systems
will be adequate in most cases. The Developer will be performing
an intensive on-site geological investigation to define any areas
which may not be able to geologically accomodate conventional
systems. Any lot so determined will either be eliminated as a
building site (by incorporating such lot area into adjacent lots)
or will utilize an evapo-transpiration type disposal system.
Domestic Water
Domestic water will be provided by a central system. Water supply
will be provided by wells and/or the existing on-site spring, the
exact combination depending on well yield and well water quality.
The spring has excellent water quality and a yield of 0.5 cfs.
Expected yields of the wells are in excess of 200 gpm.
In-house use is estimated at 68,300 gpd based on 100 gpc/d; max-
imum day demand is estimated at 2 1/2 times average day demand or
170,750 gpd. Irrigation demand is based on 2000 square feet of
irrigation per lot plus 20 acres of common ground,or a total of
29 acres. Total use is estimated at 2.5 A-F/A over 160 days,
or an average irrigation demand of 148,000 GPD. Peak irrigation
demand is estimated at 3 times average demand, equating to 4" per
week or 444,000 GPD. Total average day demand is 216,300 GPD or
150 gpm; total peak day demand is 614,750 GPD or 426 gpm.
The water supply and treatment system will be designed for peak
day demand. The only treatment required will be chlorination.
Storage will be designed on the basis of average day demand plus
500 gallons per unit for fire protection, or a total of 315,000
gallons.
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Minimum static pressure in the system will be 25 psi. The dis-
tribution system will have minimum 6" lines with hydrants on a
maximum 600' spacing. The minimum residual pressure at any hy-
drant flowing at 500 gpm will be 20 psi.
Drainage
There are no major natural drainage courses across the develop-
ment. All drainage basins within and above the development are
relatively small and well defined. Preliminary investigation of
run-off quantities and drainage patterns indicates that culverts
ranging in size from 18" to 27" will be sufficient to handle
drainage. Run-off naturally travels westerly across the develop-
ment towards the bottom lands of Spring Valley. There will be no
significant alterations of natural run-off patterns. The develop-
ment will not cause increases in the sediment load will be minimal;
over -land flow will be used to dispirse run-off streams.
Other Utilities
Underground telephone and electric utilities will be extended
into the development. Easements for all installations will be
within public rights-of-way or on dedicated rights-of-way.
Utility companies involved will be Holy Cross Electric and Moun-
tain Bell.
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chen and associates, inc.
CONSULTING ENGINEERS
SOIL t FOUNDATION 96 S. ZUNI • DENVER, COLORADO 80223 • 303/744-7105
ENGINEERING 1924 EAST FIRST STREET • CASPER, WYOMING 82601 • 307/234-2128
December 21, 1978
Subject: Construction of Domestic Leaching
Fields, Lake Springs Ranch
Subdivision, Garfield County,
Colorado
Job No. - 14285A
Foster Petroleum
P. 0. Box 698
Carbondale, CO 81623
Attn: Mr. Duncan Sinnock
Real Estate Development Manager
Gentlemen:
As requested, we have reviewed our reports dated April 6, June 16, 1977,
and January 30, 1978 along with a new subdivision plate submitted December 20,
1978.
As outlined in our report dated April 6, 1977, some isolated percolation
test were performed along the center portion of the subdivision with percolation
rates of 40 - 60 minutes per inch. The subdivision then consisted of large
lots on the order of 3 - 5 acres. It was our opinion that in the areas we
investigated, septic tank leach field systems are useable.
In the meantime, the individual lot size has been reduced to about 1 acre,
nearly tripling the number of lots in this development. Based on higher
density, overall development and strong concern for wells and springs in the
area, we suggest strongly that a lot by lot investigation is performed to
determine individual percolation rates. To further investigate the possibility
of contamination of the aquifer by leaching fields, deep test holes will be
required to determine if there is a hydraulic connection between the upper
soils where leachates might percolate into the water table .
• •
Foster Petroleum
• December 21, 1978
Page 2
The scope of this investigation is rather comprehensive, however without
the suggested additional lot by lot investigation, reduction of previously
approved lot size could have a detrimental effect of this development and
others in the area.
HF/rs
•
•
We will be available to provide the investigations upon notification.
If you have any questions, please call.
Very truly yours,
CHEN AND ASSOCIATES, INC.
Hans Froeschle
•
•
• •
PROPERTY OWNERS WITHIN 300 FEET
James P. & Sharon L. Nieslanik
7203 115 Road
Glenwood Springs, CO 81601
Colorado Mountain College
182 West 6th Street
Glenwood Springs, CO 81601
Sunlight Partnership
H. 0. Tucker
2736 Marilyn Road
Colorado Springs, CO 80909
Alvin W. Ould, Est.
William G. Ould
2019 Terrace Circle
Elko, Nevada 89801
L. P. Gas & Appliance Company
207 10th Street
Glenwood Springs, CO 81601
GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE
PHONE 945-8212
The following meetings have been held on Lake Springs Ranch Subdivision:
1. February 14, 1977
2. February 23, 1977
3. March 14, 1977
4. May 9, 1977
5. November 14, 1977
6. December 12, 1977
7. January 6, 1978
8. January 9, 1978
- P & Z - Consideration of the
Sketch Plan.
- P & Z - Consideration of the
Sketch Plan.
- P & Z - Consideration of the
Sketch Plan.
- P & Z - Re -Consideration of the
Sketch Plan.
- P & Z - PUD and Preliminary Plan
Hearing.
- P & Z - Discussion Item to set date for
Work Session.
- P & Z - Work Session - PUD and
Preliminary Plat.
- P & Z - Consideration of PUD and
Preliminary Plat Request.
9. February 6, 1978 - P & Z - Final Consideration of PUD
and Preliminary Plat.
10. March 13, 1978
11. March 27, 1978
12. April 10, 1978
- P & Z - Discussion Item - PUD and
Preliminary Plat.
- Board of County Commissioners -
Senate Bill 35 Request
Board of County Commissioners -
PUBLIC HEARINGS -PUD and Preliminary
Plan.
2014 BLAKE AVENUE
GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
April 10, 1978
MEMO TO: Garfield County Planning Commission Members
FROM: Planning Department
SUBJECT: Lake Springs Ranch PUD and Preliminary Plat
PHONE 945-8212
The application filed by Foster Petroleum for the Lake Springs Ranch
project requests action on both a request for Planned Unit Development
zoning and a preliminary plat application. As outlined in our PUD
ordinance, when this option is chosen by an applicant, the hearings are
held consecutively. The action you should take today is to approve or
deny by formal resolution the zone change request and then approve or
deny by formal resolution the preliminary plat.
The project, located on the parcel of land commonly known as the
lower Quigley Ranch, proposes a total of 89 residential units on a total
of 411 acres. The units consist of 47 single-family lots which are
five acres in size and 21 duplex buildings which will total 42 additional
residential units. The duplex units are to be constructed on seven lots
of six acres each with three duplex buildings on each six acre duplex
lot. The PUD plan proposes 25% open space distributed on the parcel with
the majority of the open space located on the lower pasture area of the
property. Included in the project is a proposal to relocate a portion
of County Road 119 as it intersects with County Road 114. Roads internal
to the project are proposed to be constructed to County specifications
and eventuallyturned over to the County for maintenance. Water for the
lots will be supplied from a central water system consisting of wells
supplying a 60,000 gallon water tank which will provide gravity storage
for domestic and fire protection needs. Individual sewage treatment systems
are proposed for each developed lot.
The proposed method of development for the six acre duplex lots
is to have individual property owners of the lots in the future request
Senate Bill 35 Exemptions in order to create two acre building parcels
for each duplex unit. The physical review should take place at this
stage of subdivision so that when the exemptions would be requested they
would be matters of administrative routine. Review of the proposed
roads by the County Road Department has taken place and they are acceptable.
• •
Planning Commission Members
Page 2
In addition to the relocation of County Road 119, the Road Department
has recommended that re -alignment of County Road 114 in the vicinity
of the water impoundment on the property be addressed at this time.
Basically, what is proposed is placing fill in an area of a pronounced
curve thereby reducing the curve radius and helping to reduce the grade
on the hill approaching the curve, and widening the road surface. The
Colorado Geological Survey recommended that prior to the issuance of
building permits, specific soils studies be performed and considered
for each building site. No school fees have been indicated in the
request, and this would have to be addressed in the final plat stage
if approved. Also, court action will be necessary in order to change
the use of the water along with the point of diversion in order to
supply the water needs of the project.
The land is now zoned Agricultural / Residential / Rural Density
(A/R/RD) which allows a minimum lot size of two acres and further,
provides for duplex units as a special use. The practical effect of the
PUD zoning is to allow duplex units as a use by right, on designated
lots, without the public hearing now required. In considering the
change to PUD zoning the presence of the Colorado Mountain College is
proposed as a major reason for the duplex units. Their proximity to
the campus is seen by the applicant as making them marketable as
student and faculty related residences.
The preliminary plat requirements have all been addressed in the
application. No responses from any State or County review agency have
indicated any severe problems with regard to soils conditions, suitability
for individual sewage treatment systems, road grades, or building
locations. The physical design of the roads and placements of residential
lots have undergone several changes during the review process in response
to concerns by the Planning Department, County Road Supervisor, and
members of the Planning Commission.
A general groundwater resource study indicates that it is feasible
to consider the existing groundwater supplies as being adequate for
the PUD. The necessary court decree for a change in use and point of
diversion have not yet been obtained.
This area is shown on the 1968 County General Plan as being a potential
growth area in the County. The Spring Valley area in the vicinity of
Colorado Mountain College land is projected with a mix of suburban and
urban density development along with small amounts of commercial uses.
•
Planning Commission Members
Page 3
The re -zoning request for PUD has demonstrated two conditions for
approval: (1) Change of conditions in the area due to the CMC campus
development (2) conformance with the County's 1968 General Plan.
Concerning the request for future Senate Bill 35 Exemptions, review of
the physical conditions of the site has revealed no overt problems with
such uses on the designated lots. Essentially, all questions which would
be posed during the exemption phase have been answered. As long as the
County has no objection to allowing a developer to use the Senate Bill
35 process in such a manner, the physical review does not suggest that
these future exemption requests will be any different than exemption
requests in the past.
I would recommend to the Planning Commission approval of the request
for PUD zoning and preliminary plat approval subject to the following
conditions:
(1) Access to a legal domestic water supply be obtained
through the necessary district water court decrees;
(2) Relocation of County Road 119 as shown on the plan
be,done to full County road specifications and that
it be a responsibility of the applicant;
(3) That portion of County Road 114 which serves as a
dam for the "Quigley Road" shall be widened and
constructed to County Road Standards. An outlet
system of sufficient capacity shall be installed
to prevent overflow of the pond onto the County
roadway. Sufficient embankment shall be placed on
the westerly side of the road to prevent road
failure due to water retention in the pond. The
above construction shall be a responsibility of
the applicant;
(4) Soils tests for building permits shall be performed
on each site prior to the issuance of a building
permit; and
(5) Final plat submission shall include provision for
the payment of school fees to the appropriate school
district as outlined in Section 4.03.02 of the
County Subdivision Regulation.
RAW/kay
• t
TE PETROL UM I; 1 i" P ( RATION
130X 893
CARBO DALE COLORADO 81623
April 10, 1978
GARFIELD COUNTY COMMISSIONERS
Garfield County Court House
Glenwood Springs, Colorado 81623
Gentlemen:
This letter is to confirm that on March 25th I delivered by mail
a copy of the public notice published in the Glenwood Post, referencing
the hearing date of April 10th for the Lake Spring Ranch PUD and Zone
Request, to all neighbors owning land adjacent to Lake Spring Ranch.
Duncan L. Sinnock
Real Estate Investment Manager
DLS/da
Letters sent to: James and Sharon Nieslanik
Colorado Mountain College
The Sunlight Partnership, % H.O. Tucker
Beattie Enterprises
H. H. Kindall
ASPEN OFFICE
P.O. BO% 8028
ASPEN, COLORADO 81611
CHEYENNE OFFICE
3228 LOCUST DRIVE
CHEYENNE, WYOMING 82001
GLENWOOD SPRINGS OFFICE
P.O. BO% 1286
GLENWOOD SPRINGS, COLORADO 81601
STEAMBOAT OFFICE
P.O. BO% 5220
STEAMBOAT VILLAGE, COLORADO 80499
WRIGHT WATER ENGINEERS, INC.
ENGINEERING CONSULTANTS
2420 ALCOTT STREET
DENVER, COLORADO 80211
(303) 458-6201
Glenwood Springs
Tel. 945-7755
Duncan Sinnock
Foster Petroleum
Box 698
Carbondale, CO 81623
Dear Mr. Sinnock:
April 2, 1979
KENNETH R. WRIGHT
WILLIAM L. TORAH
RUSSELL E. DARR
RICHARD D. JOHNSON
J. CRAIG GREEN
H. RAY NEWMYER
MARILYN M. STOKES
RALPH L. TOREN
FRANK J. TRELEASE
RE: Lake Springs Ranch Water Rights
According to Ron Liston the revised Lake Springs development
will provide central sewer collection and treatment facilities for
the equivalent of 195 single family residences. Current plans
envision the expansion of the existing CMC waste water treatment facility
to serve CMC, Lake Springs Ranch and Los Amigos. Wright -McLaughlin
Engineers is in the process of developing a service plan for the area's
waste water treatment needs.
Previous water supply plans for Lake Springs Ranch (see our letter
of December 20, 1978) assumed the development would be served with
individual septic tank/leach field systems. That plan assumed that
about 25% of the inhouse domestic water would be consumptively used.
The revised plan to use the CMC plant would mean that the inhouse
domestic water requirement of 77 acre feet per year would be a total
depletion from the Spring Valley area since the return flow from the
sewage treatment plant would not be to Spring valley.
It is our opinion that the water rights applications currently
before the water court, when approved, will provide sufficient water
to meet water requirements for the subdivision without injuring other
vested water rights in the Spring Valley area.
Very truly yours,
WRIGHT WATER ENGINEERS, INC.
BY 1/L/., X t0.,,7l e aA
William L. Lorah
WLL:ep
741-22
ROBERT
LAW OFFICES
B. EMERSON,
86 SOUTH
CARBONDALE
ROBERT B. EMERSON
July 23, 1985
Mr. Mark L. Bean
Garfield County Department
of Development
109 Eighth Street, Suite 306
Glenwood Springs, CO 81601
THIRD STREET
COLORADO 81623
(303) 963-3700
P.C.
JUL 2 4 1985 1
GARFIELD CO. PLANNER
AceetWED 7/z//8t
Poe. 7 A/Sio/LJ Te
%/.64,
Re: Foster Petroleum - Spring Valley Ranch Preliminary Plan
Dear Mark:
Duncan Sinnock has asked me to contact you regarding the deadline for
filing a final plat for Lake Springs Ranch Planned Unit Development.
As you know, the County Commissioners on December 27, 1984 (Resolution
No. 84-266), approved the preliminary plan of Lake Springs Ranch PUD
Subdivision. On the same day (Resolution No. 84-268), the
Commissioners extended the date for submission of a final plat to
October 1, 1985.
As I believe you are aware, Foster Petroleum Corporation is unsure
whether the plans for this development as they now exist are
appropriate given the current market conditions in the county. In
addition, Landis Sanitation District is incapable of providing sewer
services for Lake Springs Ranch PUD Subdivision at this point in time.
Given these facts, Foster Petroleum Corporation hereby requests that
the County Commissioners grant a one year extension for submittal of
the final plan or plat of this subdivision. By granting such an
extension, the Commissioners can avoid requiring Foster Petroleum
Corporation to spend money unnecessarily for engineering and legal
costs and also avoid unnecessary expense and use of their time and
that of county employees.
I would appreciate it if you could present this matter to the
Commissioners informally to see if this proposal is acceptable. If
necessary, I would, of course, be available to appear before the
Commissioners.
I look forward to hearing from you shortly.
Sincerely,
ROBERT B. EMERSONC--------
By:
RBE/jc
cc: Duncan Sinnock
1-371--)
Robert B. Emerson
• •
GARFIELD COUNTY
PLANNING DEPARTMENT
August 14, 1985
Robert B. Emerson
86 So. Third St.,
Carbondale, CO 81623
Dear Bob:
On Monday, July 29, 1985, the Board of County Commissioners approved an
extension of the Preliminary Plan approval for the Lake Springs Ranch PUD
to October 1, 1986. The approval was by motion only and the record is
contained in the Commissioners minutes.
If you have any further questions or concerns, feel free to call or write
to me at your convenience.
Sincerely,
Mark L. Bean
Planning Director
MLB/emh
109 8TH STREET, THIRD FLOOR
945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81 601
LAW OFFICES I ' i{, y
ROBERT B. EMERSON, P.C. SEP 17 1987
86 SOUTH THIRD STREETi LA -0 LOU NTY
v ,
CARBONDALE COLORADO 81623
(303) 963-3700
ROBERT B. EMERSON
September 17, 1987
Mr. Mark Bean
Garfield County Planning Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Foster Petroleum - Lake Springs Ranch.
Dear Mark:
Per our telephone conversatation please consider a request on behalf
of Foster Petroleum Corporation to extend the deadline for filing the
Final Plat for Lake Springs Ranch PUD. As you know, the Garfield
County Commissioners have previously extended the deadline to October
1, 1987. The reason for the extension was basically that due to the
economy in Garfield County the Commissioners were willing to give
Foster Petroleum Corporation additional time to make decisions
regarding this project. The situation hasn't changed in the last
year, and the same considerations will hopefully lead the
Commissioners to conclude that another one year extension is
appropriate.
My understanding is that you will present this request to the
Commissioners on September 21, 1987 and let me know their decision.
Thank you very much.
Sincerely,
ROBERT B. EMERSON, P.C.
By:
RBE/ds
Robert B. Emerson
P.O. Box 640
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
Glenwood Springs, Colorado 81602-0640 Phone 945-9150
April 5, 1984
Robert B. Emerson, Esquire
86 South 3rd
Carbondale, CO 81623
CSC
RE: Foster Petroleum Corporation/Lake Springs Ranch P.U.D.
Your letter of March 9, 1984
Dear Bob:
The Garfield County Board of County Commissioners has been advised
of your letter of March 9, 1984, on behalf of the Foster Petroleum
Corporation and the Lake Springs Ranch P.U.D. The Board has
directed the County staff to research the conditions that were
imposed at the time of preliminary plat approval for Lake Springs
Ranch P.U.D. on June 18, 1979. The purpose of this investigation is
to ascertain what conditions, if any, were placed upon the applicant
with regard to time limits for the filing of final plats for the
development.
The Board has directed the staff to bring this matter back before
the Board as an Agenda item when the research into the conditions
placed in the preliminary plat have been completed. You will be
advised as to the results of the staff's findings with regard to the
preliminary plat conditions, and the date and time at which this
matter will be considered by the Board on its formal Agenda. The
staff will be researching the conditions which were originally
placed on the preliminary plat at its June 18, 1979 approval, and
any additional conditions which the Board may have imposed at the
renewal of the preliminary plat approval on May 5, 1980.
Please feel free to contact this office if you have any other
information with regard to what conditions, if any, were placed on
the preliminary plat approval, either originally or at the time of
the renewal of the plat approval. I anticipate the research of this
matter should be concluded in the next few weeks. You will then be
contacted as to the date and time for placing this matter on the
Board's Agenda. Please feel free to contact me if you have any
questions concerning this.
Very truly yours,
Assistant eld County Attorney
SJZ/sl
pc: Mark Bean, Garfield County Senior Planner
N �l
GARFIELD COUNTY
DEPARTMENT OF BUILDING SANITATION AND PLANNING
September 19, 1988
Bob Emerson
86 South 3rd St.,
Carbondale, CO 81623
Re: Lake Springs Ranch P.U.D.
Dear Mr. Emerson:
On Monday, September 12, 1988, the Garfield County Board of County
Commissioners approved a one (1) year extension of the Lake Springs Ranch
P.U.D. preliminary plan approval. The approval was based on the fact that
the new property owners need some additional time to determine the
viability of the project.
Should you, or your clients, need additional verification of this approval
it is noted in the minutes of the Board of County Commissioners for the
above noted date. If you have any other questions, feel free to call or
write to this office at your convenience.
Mark L. Bean, Director
Building, Sanitation and Planning
MLB/emh
109 8TH STREET, SUITE 303
945-8212 /625-5571 GLENWOOD SPRINGS, COLORADO 81601
411
GARFIELD COUNTY
PLANNING DEPARTMENT
September 21, 1987
Mr. Robert B. Emerson
86 S. Third Street
Carbondale, CO 81623
RE: Foster Petroleum - Lake Springs Ranch PUD
Dear Bob:
On Monday, September 21, 1987, the Garfield County Board of County
Commissioners approved Foster Petroleum's request to extend the
Preliminary Plan approval for the Lake Springs Ranch PUD for one
year, until October 1, 1988.
If you have any questions, feel free to call or write to me, at
your convenience.
Sincerely,
Mark L. Bean
Director
Building, Sanitation & Planning
MLB/ljb
109 8TH STREET, SUITE 303
945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601
•
LAW OFFICES
ROBERT B. EMERSON, P.C.
86 SOUTH THIRD STREET
CARBONDALE COLORADO B1623
(303) 963-3700
ROBERT B. EMERSON
August 22, 1988
Mr. Mark Bean
Garfield County Planning Director
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Lake Springs Ranch
RUG 2 3 1988
Ls ,� LLD UOUNTY
Dear Mark:
Per our telephone conversation, please consider this a request on behalf of
Kane Enterprises, successor in interest to Foster Petroleum Corporation, to
extend the deadline for filing the Final Plat for Lake Springs Ranch PUD. The
Garfield County Commissioners have previously extended the deadline to October
1, 1988. The reason for the extension was basically that due to the economic
conditions in Garfield County the Commissioners were willing to give Foster
Petroleum Corporation additional time to make decisions regarding this
project. The situation hasn't changed significantly since last year, and the
same considerations will hopefully lead the Commissioners to conclude that
another one year extension is appropriate. Basically, no development actively
is taking place in the Spring Valley area, and it would be appropriate for
another one year extension so that the developer can review its options.
My understanding is that you will present this request to the Commissioners on
September 12, 1988 and let me know their decision. Thank you very much.
Sincerely,
ROBERT B. EMERSON, P.C.
By:
Robert B. Emerson
RBE/kl
cc: Kane Enterprises
ft SEP 19 1988
Vrith;-c LL L; u;c t Y
P.O. Box 640
TO:
FROM:
RE:
GARFIELD COUNTY •
COUNTY ATTORNEY'S OFFICE
109 8th Street Suite 300
Glenwood Springs, Colorado 81602-0640 Phone 945-9150
MEMO
Board of County Commissioners
Earl G. Rhodes, County Attorney
Lake Springs Ranch P.U.D. - Request for extension of time
to file final plat
DATE: October 11, 1984
.; N�,TRDDRMg
By letter dated March 9, 1984, Bob Emerson, Attorney for Foster
Petroleum Corporation requested that Garfield County grant a
retroactive extension of time to allow the filing of a final plat
for the subject subdivision. Based on Mr. Emerson's
representations, a final plat should have been filed on June 17,
1981. It is the desire of the developer that it be given until
March 1, 1985 to file a final plat.
DISCUSSZQN
As a general matter, this office has taken the following positions
about the role that time limits play in the County planning process:
1. That time limits are integral to the County planning process
since the amount of control that the Board has over the
developer in the planning process is a function of requiring a
developer to make commitments in a given time frame;
2. That it is the developer's responsibility to see that it is in
compliance with the County land use process;
3. That once a time limit has come and gone, and no action has
been taken, then the grant of authority lapses and the
applicant must begin again on the process.
4. Retroactive actions, by government agencies, are dis-favored
at law.
• •
MEMO - BOARD OF COUNTY COMMISSIONERS
PAGE TWO
OCTOBER 11, 1984
As a final broad statement, this Board should not do for any one
applicant what it is unwilling to do for others similarly situated.
Based upon the above, it is my recommendation that the request be
denied.
Without arguing the applicant's case, I would like to make several
comments about it. The developer's attorney has found the case of
Spiker vs.. The ,City .o..Lakewood (603 P.2d 130, Colo. Supreme Court,
1979). This case is cited for the proposition that neighbors do not
have a vested right in zoning on adjacent property to their own.
The applicant's attorney is arguing this case stands for the
proposition that a government entity can give retroactive approval
or extensions of time to a previously filed subdivision. As to
this, I make two basic points.
1. The case contains an argument, with which I generally agree,
which is that if the developer has made a colorable attempt to
comply with the time limits contained in the statute, then
final action can come after the deadline (which I do not
believe occurred here); and
2. Viewed in a light favorable to the applicant, the case stands
for the proposition that retroactive actions are not
unconstitutional.
That something is not unconstitutional, is not a positive argument
that an action should be taken or must be taken.
The applicant has also argued that the Board should consider each
case on its own merits and let equities dictate the result.
Although, I believe the reason that elected officials make land use
decisions is exactly for this purpose, such a statement ignores
applicable law, which ultimately must govern the Board's conduct.
The applicant has made the argument that land use issues have not
changed since preliminary plan approval and therefore, there is no
good reason why the applicant should go through the process again.
In this regard, enclosed please find a memo to me dated August 28,
1984 from Mark Bean, which deals with this issue. From a positive
point of view, this is the central issue of the case.
• •
MEMO - BOARD OF COUNTY COMMISSIONERS
PAGE THREE
OCTOBER 11, 1984
RECOMMENDATLQNS
My recommendation is that the request for extension be denied
provided that if the applicant is agreeable that the matter be sent
to the Planning Commission for preliminary plan and P.U.D.
modification approval, and at a public hearing, the Board of County
Commissioners reapprove the preliminary plan and the P.U.D. with
such conditions as it deems appropriate.
If an extension is deemed appropriate, that an extension of time,
one year from today's date be granted for the filing of a final plat
in accordance with the enabling resolution and express language be
included that no further extensions will be granted.
I appreciate that the developer has not been well treated by the
Spring Valley Sanitation District and that the developer has
attempted to keep in touch with the Board. However, the history of
this project suggests that it best be redone now as opposed to
attempting to determine the intent of all the parties some five or
perhaps six years ago, when a final plat is presented for
approval.
EGR:mis
Enclosure
1 •
GARFIELD COUNTY
DEPARTMENT OF DEVELOPMENT
PLANNING / ENVIRONMENTAL HEALTH / BUILDING: 945-8212
MEMORANDUM
To: Earl Rhodes, County Attorney
From: Mark Bean, Senior Plannerr�I
Date: August 28, 1984
Re: Lake Springs Ranch PUD, issues for consideration of Preliminary
Plan extension
After reviewing the Lake Springs Ranch PUD, Preliminary Plan file, the
following issues would seem to be appropriate for consideration if the
Preliminary Plan were to be reviewed today:
1) The original agreement for off-site road improvements only
required the developer to chip and seal County Road 114 from the
"end of the existing oil to the north end of the subdivision".
The Board of County Commissioners' minutes from 10/79 state that
the County will rebuild the road to be ready for it to chip and
sealed. As far as I can tell, there are no specific conditions
of approval to this effect in any resolution of approval.
Present plans for the Spring Valley Ranch PUD require the
rebuilding of County Road 114 eventually to a four lane roadway,
at the expense of SVR, less any prior obligations of Los Amigos
Ranch PUD and Lake Springs Ranch PUD.
2) While it is obvious from Resolution #79-64 that the development
will be served by a central sewage disposal system, it is
unclear in the resolution what system would provide the service.
In the minutes of the Board, the Spring Valley Sanitation
District is noted a number of times. It is also noted that up to
10 lots may have individual septic systems. This could change
with a different central sewage disposal system.
3) It was recommended by the State Geologic Survey that individual
site specific soils and foundation studies be required prior to
the issuance of any building permits.
4) RE -1 School District has a 4.2 acre school site dedicated to them
that may not be necessary if SVR PUD is approved.
5) A water augmentation plan was approved in Case No. W-3571. There
are no conditions of approval that deal with landowners operating
within the parameters set in the approved augmentation plan.
Additionally, it is proposed that the Homeowners Association
manage the water system, with no indication that this will be an
incorporated association. This has been an issue in the past
year with the Colorado Dept. of Health. They generally require
an incorporated homeowners association, with specific water
management requirements in incorporation papers and/or associated
covenants.
100 8TH STREET
P.U. BOX 640 GLENW000 SPRINGS, COLORADO 81602
• •
Earl Rhodes, County Attorney
August 28, 1984
Page 2 of 2
6) Division of Wildlife did express concerns about dogs roaming at
large. Tnere are provisions for leash control or voice control,
contained in the proposed covenants.
These are the obvious issues as a result of my review of the Lake Springs
Ranch PUD files. All of the resolutions of approval address the zone
district change from A/R/RD to PUD. The Board and Planning Commission
minutes do indicate that a preliminary plan was approved, but there are
no resolutions addressing this fact. If this project were to be reviewed
again, the following comments would be appropriate:
1) Have separate PUD rezoning and Preliminary Plan resolutions of
approval drawn up.
2) Redefine the projects off-site road commitments, so that they are
consistent with present off-site road commitments required of
Spring Valley Ranch PUD.
3) Given the present intentions of the Lake Springs Ranch developers
to join the proposed Landis Sanitation District, rather than the
Spring Valley Sanitation District, it would seem appropriate to
have some new language addressing this situation.
4) The condition of approval for the dedication of 4.2 acres to the
RE -1 school district could be rewritten to allow for cash in lieu
since a 4.2 acre site is not large enough by itself for any kind
of school.
5) That the Preliminary Plan approval require plat notes on the
Final Plat stating:
a) That all lot owners will use water in accordance with the
provisions stated in Water Court Case No. W-3571.
b) That a site specific soils and foundation study will be
submitted with any building permit application.
ATTORNEY AT LAW
• 1
WEBB WALKER, III
PO. 130X 1233
CARBONDALE, COLORADO 81623
January 27, 1978
Mr. Robert Witkowski
Planning Director
Garfield County Planning Department
Glenwood Springs, Colorado 81601
PROPOSED LAKE SPRINGS RANCH PUD STANDARDS
(Amendment to Standards submitted October 28,1977)
Uses by right:
(303) 963-3181
` 0 1978 1
• GAttri.-u) Cts, i-tr~aiER
One single family dwelling per
five (5) acre lot or a maximum
of three (3) duplex dwellings
per each designated six (6) acre
lots.
Uses, Conditional and Special:None
Minimum Lot Area:
(a) Five (5) acres for all lots not
designated as "duplex lots".
(b) Lots designated as "duplex lots"
shall be a minimum of six (6)
acres; however, "duplex lots"
may be resubdivided with proper
county approval but shall not
be less than two (2) acres.
Maximum Lot Coverage: 15%
Minimum Setback: All buildings shall be located at
least 50 feet from any property line.
Maximum Building Height: 25 feet
All other applicable standards in the zoning ordinance shall apply.
FOSTER PETROLEUM CORPORATION
DUNCAN L. SINNOCK
BY:
WEBB WALKER,III
ATTORNEY AT LAW
January 27,1978
• 1
WEBB WALKER, III
P.O. 110X 1233
CARBONDALE, COLORADO 81623
Mr. Robert Witkowski
Planning Director
Garfield County Planning Department
Glenwood Springs, Colorado 81601
Dear Bob:
(303) 963-3181
13i7,
i i I\N 3 0 1978 , J
GARFIELU CO. P tC..R
RE Lake Springs Ranch - PUD
Please note that on the amended proposed PUD standards
the minimum lot size and minimum setback standards have been
changed.
Also, enlcosed is an addendum to the Second Draft of the
Lake Springs Ranch covenants which have also been changed to
a slight degree.
If you have any questions please don't hesitate to contact
me.
Sincerely,
A7/1//(7
Webb Walker
WW/gc
Enclosures
• •
chen and associates, inc.
CONSULTING ENGINEERS
SOIL & FOUNDATION 96 S. ZUNI • DENVER, COLORADO 80223 • 303/744-7105
EN GINEERING 1924 EAST FIRST STREET • CASPER, WYOMING 82601 • 307/234-2126
October 19, 1977
Subject: Additional Percolation Tests,
Lake Spring Ranch Subdivision,
Garfield County, Colorado.
Job do. 15,346
Foster Petroleum
c/o KKBNA
Village Plaza
Glenwood Springs, Colorado 80601
Gentlemen:
As requested, we drilled additional profile and percolation test
holes at 6 sites further to the east of previous percolation test holes.
The results of the previous tests were reported under our Job Ho. 14,285
dated April 6, 1977.
Locations of the new holes are shown on Fig. 1 and graphic logs of
the subsoils are shown on Figs. 2 and 3. Generally, the soils within
depth of the proposed leaching fields consisted of sandy clays to clayey
sands and gravels. All holes were dry to depth 8 feet except Hole 6 where
water was found at depth 6i feet. The ground surface In the individual
lots varied from fairly flat in the area adjacent to the stream to about
15% on the higher lots.
Percolation tests were performed in accordance with standard local
procedures and those of the Department of Health, Education and Welfare.
The results are tabulated on the attached table. Percolation rates
varied from 40 minutes per inch to 3 minutes per inch.
In our opinion, the areas are suitable for installation of a leaching
field type septic system. All of the proposed leaching field sites are a
sufficient distance from any water course to prevent contamination.
If we can provide additional Information or be of further service,
please let us know.
RCH/med
Enclosures
Sincerely,
CHEN AND A OCIATES, INC.
By
Richard C. Hepworth • E.
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DEPTH - FEET
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LEGEND:
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•
Topsoil, clay
Clay (CL), silty and sandy with gravel, medium stiff to stiff, moist
to wet (Hole 6) , brown.
Sand (SC), clayey, medium dense, moist, brown to tan.
Sand & Gravel (SC -GC), clayey, medium dense to dense, moist, tan, some
cobble size basalt.
IIIBasalt, hard, jointed, black to dark gray.
Indicates depth to free water as measured at the time of drilling.
NOTE:
(1) Test holes were drilled on October 8, 1977 with a 4 -inch diameter
continuous flight power auger.
#15,346
LEGEND AND NOTES Fig. 4
• •
TABLE II
PERCOLATION TEST RESULTS
Page 1 of 2
WATER DEPTH WATER DEPTH
HOLE HOLE LENGTH OF AT START AT END DROP IN AVERAGE
NO. DEPTH INTERVAL OF INTERVAL OF INTERVAL WATER LEVEL PERCOLATION RATE
(In.) (Min.) (Inches) (Inches) (Inches) (Min./Inch.)
6 36.o
7 36.5
8 40.0
#15.346
2.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
5.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
5.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
23.50
23.00
22.25
22.00
21.75
21.50
21.00
20.25
19.50
19.00
18.50
10.00
22.75
22.00
21.50
20.75
20.00
19.50
19.00
18.25
17.75
17.00
16.50
16.00
26.00
23.50
22.75
22.25
22.00
21.50
21.00
20.75
20.25
19.75
19.50
19.25
23.00
22.25
22.00
21.75
21.50
21.00
20.25
19.50
19.00
18.50
18.00
17.50
22.00
21.50
20.75
20.00
19.50
19.00
18.25
17.75
17.00
16.50
16.00
15.50
23.50
22.75
22.25
22.00
21.50
21.00
20.75
20.25
19.75
19.50
19.25
19.00
0.50
0.75
0.25
0.25
0.25
0.50
0.75
0.75
0.50
0.50
0.50
0.50
0.75
0.50
0.75
0.75
0.50
0.50
0.75
0.50
0.75
0.50
0.50
0.50
2.50
0.75
0.50
0.25
0.50
0.50
0.25
0.50
0.50
0.25
0.25
0.25
20 Min./In.
20 Mln./In.
40 Min./In.
• •
TABLE II
PERCOLATION TEST RESULTS
Page 2 of 2
WATER DEPTH WATER DEPTH
HOLE HOLE LENGTH OF AT START AT END DROP IN AVERAGE
NO. DEPTH INTERVAL OF INTERVAL OF INTERVAL WATER LEVEL PERCOLATION RATE
(In.) (Min.) (Inches) (Inches) (Inches) (Min./Inch.)
9 35.5 10.0 26.00 23.50
10.0 23.50 22.25
10.0 22.25 21.00
10.0 21.00 20.25
10.0 20.25 19.25
10.0 19.25 18.50
10.0 18.50 17.75
10.0 17.75 17.00
10.0 17.00 16.50
10.0 16.50 16.00
10.0 16.00 15.50
10.0 15.50 15.00
10.0 15.00 14.50
10 37.0 10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
10.0
#15,346
25.75
21.50
22.25
14.50
17.50
12.75
18.50
14.50
10.50
17.50
13.50
9.75
19.50
21.50
18.50
14.50
9.50
12.75
8.25
14.50
10.50
6.25
13.50
9.75
5.75
15.75
2.50
1.25
1.25
0.75
1.00
0.75
0.75
0.75
0.50
0.50
0.50
0.50
0.50
4.25
3.50
7.75
5.00
4.75
4.50
4.00
4.00
4.25
4.00
3.75
4.00
3.75
20 Mln./In.
3 Min./In.
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chen and associates, inc.
CONSULTING ENGINEERS
FOUNDATION 96 S. ZUNI • DENVER, COLORADO 80223
281977
►.LD CO. PSS t ER
• 303/744-7105
N EER 1 N G 1924 EAST FIRST STREET • CASPER, WYOMING 82601 • 307/234-2126
Scarrow & Walker, inc.
P.O. Box 460
Glenwood Springs, Colorado 81601
Attention: Mr. LeRoy Tobler
Gentlemen:
June 16, 1977
Subject: Construction of Leaching Fields
and Potential Contamination
of Aquifer, Lake Springs
Ranch Subdivision, Garfield
County, Colorado.
Job No. 14,285
As requested, we have reviewed our report dated April 6, 1977.
The purpose of the review was to provide an opinion on the effect of
installing leaching fields on an aquifer.
We understand the aquifer is approximately 150 feet deep and is
part of a closed basin in this area. Colorado Mountain College has
several wells in the aquifer which produce relatively high yields on the
order of 300 to 400 gallons per minute. The soils encountered in our
test holes consisted of clay with some scattered gravel and sand. A
weathered claystone bedrock was encountered in one test hole at a depth
of about 13 feet. Standard percolation tests were performed in shallow
holes and indicated percolation rates of 40 to 60 minutes per inch. It
appears, based on our investigation, that the upper soils are of fairly
low permeability.
It is our opinion that leaching fields in a low density consisting
of one lot per 3 to 5 acres in the subdivision which we investigated
would not adversely affect the deep ground water. As a general criteria,
we believe that if the percolation rates are higher than 30 minutes per
inch or the density is greater than that shown in this development,
additional investigation should be performed to determine if there is a
hydraulic connection between the upper soils where leachates might
percolate into the water table. The overall development of the sur-
rounding area would also be a consideration. To investigate the
possibility of contamination by leaching fields, deep test holes would
• •
Scarrow & Walker, Inc.
June 16, 1977
Page 2
be required and careful logging of the soils. These test holes will be
able to Identify if pervious zones occur which would allow percolation
from the leaching fields into the aquifer. For the scope and size of
the present subdivision, we do not believe this is necessary.
We will be pleased to discuss the protect further if there are any
further questions.
RCH/bn
Sincerely,
CHEN AND ASSOCIATES, INC.
By
('
Richard C. Hepwor'h, P.E.
•
ADDENDUM TO SECOND DRAFT
of
LAKE SPRINGS RANCH
DECLARATION OF PROTECTIVE and
RESRICTIVE COVENANTS
JAN 30 1978
GARFIELD CO. PLAICER
The following changes are made as a clarification
of the Second Draft of the Protective and Restricted Covenants
for Lake Springs Ranch.
ARTICLE V
General Restrictions on all Lots
Section 5. Definitions. For purposes of this Section
5, Lots shall be categorized as follows:
1. Restricted Lots. Owners and lessees of Lots
designated as "restricted lots" on the plat for Lake Springs
Ranch shall not be allowed to keep or have on that Lot
4r s e s at any time.
2. Unrestricted Lots. Owners and lessees of Lots
designated as unrestricted lots on the plat for Lake Springs
Ranch shall be allowed to bring -horses upon that Lot and may
keep horses on that Lot in a corral subject to a maximum
corraling area of 20,000 square feet. This 20,600—square feet
area shall be inclusive of any stabling area or other
structure erected for the maintenance, protection or control
of the horses. All materials used for constructing a corral,
stable, or other structure shall be subject to the approval
of the Committee and shall be prudently maintained. The
location of such corral shall be approved by the Committee
prior to construction.
3. Horse Lots. Owners or lessees of Lots designated
as horse lots on the Lake Springs Ranch Plat shall be allowed
to set aside an area of that lot not to exceed 50% of the
•
area of the Lot along the irrigated pasture land in order to
pasture, corral, or maintain horses.
•
b. Notwithstanding the allowance of horses on Lots
designated as a horse lot or an unrestricted lot,- horses shall
not be permitted to graze or pasture on that Lot for grass
or weed control, and in no event may horses damage the natural
grass and vegatationn oar iG`-
c. Horses belonging to owners of restricted lots)
or owners of horse lots or unrestricted lots who have not
provided the necessary corraling area or set off a designated
area for the pasturing of horsesishall keep their horse or
horses in the common area set aside for the maintenance of
horses on the Lake Springs Ranch Plat and not on the owners
or lessee's lot until such requirements have been met.
C. (1) Dogs and Household Pets. Owners and lessees
of Lots within Lake Springs Ranch may have ordinary household
pets. All dogs shall be restrained from running at large
without accompaniment of a human being capable of controlling
the dog and having absolute control of the dog. The Committee
shall have the power to require any owner or lessee of any Lot
in Lake Springs Ranch to remove from Lake Springs Ranch any
household pet which is not disciplined or which constitutes an
undue annoyance to the owners or lessees of Lots or property
owners adjacent to Lake Springs Ranch. The Committee shall
have the power to capture and remove any dog or animal violating
this provision.
(2) Limitations on Number of Pets. The number
of dogs allowed on any Lot in Lake Springs Ranch shall not exceed
two. All other species of animals kept on a Lot shall be
reasonable in number. It is expressly prohibited to keep,
breed, or maintain any animals for any commercial purposes on
any Lot in Lake Springs Ranch.
/ 7 c /¢V/�[/ G /_ /9/664.3,
-2-
• •
8. Service Yards and Trash. Swimming pool filter
tanks, service equipment, temporary trash storage containers,
•
or storage areas shall be screened by planting or fencing to
conceal them from view of neighboring Lots, drives, and roads.
Protective enclosures to screen the above must be approved by
the Committee as a part of the plans for the improvements to
be located on the Lot. All rubbish and trash shall be
removed from all Lots in Lake Springs Ranch, shall not be
allowed to accumulate, and shall not be burned thereon. All
other improvements, including but not limited to,clotheslines
or woodpiles, shall be located upon a Lot so as to least
affect neighboring Lots, and the Committee shall approve all
screening and the location of improvements included within
this paragraph.
10. Perimeter Fencing. All fences along property
lines shall be a maximum of forty-two (42) inches high and
shall conform to the needs of animals kept on that particular
Lot so long as no fencing, dangerous to wildlife species, is
erected. All fences are subject to the approval of the
Committee. No fence may obstruct any easement granted to the
Lake Springs Ranch Homeowner's Association, as provided for
in these covenants.
Section 2.
ARTICLE VIII
Trees and Landscaping. Ab»D
Provided however, nothing contained in this paragraph
shall prohibit the cutting and clearing of trees, bushes, and
other natural vegetation for the purpose of erecting and main-
taining corrals, stables, or other structures necessary for
the control and protection of horses on designated "horse lots."
Section 4. Used or Temporary Structures. No used
or previously erected or temporary house, tents, structure,
house trailer, mobile home, or non -permanent outbuilding shall
-3-
• •
ever be placed, erected, or allowed to remain on any Lot except
during construction periods and no structure designed to be
inhabited by humans shall be occupied in any manner prior to its
completion. Notwithstanding the provisions of this paragraph,
an owner of a Lot may place a home previously constructed upon
his Lot so long as the structure conforms with the structural
requirements of these covenants and such structure is approved
by the Committee.
Section 9. Automobile Repair and Unlicensed Automobiles.
No automobile repair shall be permitted at any time nor shall
any unlicensed automobile or other vehicle be allowed to remain
on any Lot within Lake Springs Ranch for a period exceeding
48 hours. The time limit of 48 hours alluded to in this
paragraph concerning automobile repair is limited to that
automobile repair not performed in an enclosed area.
Section 18. Roads. The Lake Springs Ranch Home-
owner's Association shall be responsible for the maintenance
of and removal of snow from all W roads within Lake Springs
Ranch, until these responsibilities are assumed by Garfield
County.
7
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'ARTICLE I
_ 0/frtuft7
Restrictions on Common Area
3. Control of Common Area. The care, control, and
responsibility for the common areas and all improvements made
thereon shall be with the Committee.
ARTICLE X
Easements Reserved
Section 4. Ownership of Easements. All easements
and rights created and reserved in Section 1 and Section 2
of this Article shall be vested in the Lake Springs Ranch
Homeowner's Association.
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SECOND DRAFT
LAKE SPRINGS RANCH
DECLARATION OF PROTECTIVE AND
RESTRICTIVE COVENANTS
ARTICLE I
PURPOSE OF COVENANTS
1. General Declaration. Foster Petroleum Corporation, a Delaware
Corporation, the owner of Lake Springs Ranch, declares the following
Protective and Restrictive Covenants for the use and benefit of those who,
from time to time, shall hold title to or otherwise have an interest in the
lands comprising Lake Springs Ranch.
2. Purpose. It is the intention of Foster Petroleum Corporation,
expressed by its execution of this instrument, that the lands shall be
developed and maintained as a highly desirable rural residential area. The
purpose of these covenants is not to unduly burden development of property
in Lake Springs Ranch, but to protect, insofar as possible, the natural
beauty, growth, native setting, and surroundings in connection with the
uses and structures permitted hereby.
ARTICLE II
DEFINITIONS - LANDS COVERED
1. "Association" means Lake Springs Ranch Homeowners Association.
2. "Common Area" - All of that area shown and designated on the
recorded plat of Lake Springs Ranch bearing the title "Common Area Tract"
or "Open Land or Tract" which will be used for the joint and mutual
benefit of members of the Association.
3. "Residential Lot" - Residential Lot shall mean each subdivision
lot so designated on the duly filed plat of the subdivision by lot number
and the letter "R".
4. "Duplex Lot" - Duplex lot shall mean each subdivision lot so
designated on the duly filed plat of the subdivision by lot number and the
letter " D".
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5. "Lot" - Whenever the word Lot is used in these covenants without
specifying whether it is a residential lot or a duplex lot, then it shall
be deemed to refer to both residential and duplex lots.
6. "Lake Springs Ranch" shall mean all of the lands in Garfield
County, Colorado, included within the following described boundaries and
also any adjacent property which may be acquired subsequent to the execution
of this instrument and denominated Lake Springs Ranch, to -wit:
ARTICLE III
LAKE SPRINGS RANCH HOMEOWNERS ASSOCIATION
1, Membership. All owners of residential lots and duplex lots
(other than land dedicated as common area, common property, or easements)
by whatever means acquired, shall automatically become members of the
Lake Springs Ranch Homeowners Association, a Colorado corporation not for
profit (hereinafter called the "Association"), in accordance with the
Articles of Incorporation and By -Laws of the Association as are now or
hereinafter in effect and as the same may be duly amended.
2. Voting.A.One membership in the Association shall be issued for
each residential lot and each membership shall be entitled to one vote.
B. One membership in the Association shall be issued for each duplex lot
and each membership shall be entitled to one vote. If, however, a duplex
lot is subdivided pursuant to the provisions of Article V, Section 6, then
each new lot shall be entitled to one membership and each membership shall
be entitled to one vote.
3. Lien. The annual dues In any special assessment attributable to
each membership in the Association, together with interest thereon and costs
of collections thereof, shall be a charge on the Lot to which the membership
is issued, shall be a continuing lien on the Lot, and shall also be the
personal obligation of the record owners and lessees of the Lot at the time
when the dues or assessment became due. The personal obligation shall not
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pass to such a party'ssuccessors in title unless expressly assumed by
them. Any dues or special assessments which become delinquent shall bear
interest from the date of delinquency at the rate of nine percent per year,
and the Association shall sue the owners and lessees personally obligated
to pay the same, or foreclose the lien against their Lot. Interest, costs,
and reasonable attorneys fees of any such action shall be added to the
amount of such dues or assessment. The lien of the Association may be
foreclosed in the same manner as a mortgage under the laws of Colorado.
The lien of the Association provided for herein shall be subordinate to the
lien of any deed of trust or mortgage covering any Lot. Sale or transfer
of any Lot shall not affect the .lien of the Association. However, the sale
or transfer of any Lot occuring as a result of court foreclosure of a
mortgage or deed of trust, foreclosure through the Public Trustee or any
similar proceeding in lieu of foreclosure shall extinguish the lien of the
Association as to payments which become due prior to such sale or transfer,
but shall not relieve any owner or lessee a personal liability therefore.
No sales or transfer shall relieve such Lot from liability for any dues
or assessments thereafter becoming due or from the lien thereof.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
1. The Architectural Control Committee (hereinafter called the
"Committee") shall mean the Board of Directors of Lake Springs Ranch
Homeowners Association, a Colorado Corporation not for profit, as said
Board of Directors shall be constituted from time to time. Prior to the
formation of the Association, the Committee shall be appointed by Foster
Petroleum Corporation. The Committee shall have and exercise all of the
powers, duties and responsibilities set out in this instrument.
2. Approval by Architectural Committee. No improvements of any
kind including but not limited to dwelling houses, out buildings, swimming
pools, parking areas, walls, fences, garages, drives, antennae, curbs and
walks, or tennis courts, shall be erected, altered, or permitted to remain
on any land within Lake Springs Ranch, nor shall any excavating, clearing,
or landscaping be done in conjunction therewith on any lands within Lake
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Springs Ranch, unless the complete architectural plans and specifications
and a site plan showing the orientationfor such erection or alteration
and landscaping are submitted to and approved by the Committee prior to the
commencement of such work. The Committee shall consider and base its
decision upon: design of the improvement, materials to be used on the
external features of said buildings or structures, external colors location
with respect to topography and grade elevations, harmony of landscaping
with the natural settings and native trees, bushes and other vegetation
within Lake Springs Ranch; and minimization of damage to vegetation. In
the event the Committee fails to take any action within thirty (30) days
after the complete architectural plans for such work have been submitted to
it, then such architectural plans shall be deemed to be approved; provided,
however, that no building or other structure shall be erected or allowed to
remain on any lot which violates any of the covenants or restrictions
herein contained. The issuance of a building permit or license, which may
be in contravention of these protective covenants, shall not prevent the
Committee from enforcing these provisions. In the event the Committee
shall disapprove any architectural plans, the party submitting such
architectural plan may appeal the matter at the next annual or special
meeting of the members of Lake Springs Ranch Homeowners Association,
wherein an affirmative vote of at least two-thirds (2/3) of the votes
entitled to be cast at such meeting shall be required to reverse the decision
of the Committee. Refusal or approval of plans and specifications by the
Committee may be based upon any ground, including purely aesthetic grounds
which in the sole and uncontrolled discretion of the Committee shall deem
sufficient.
3. Change of Membership. Should any member of the Committee resign
his position, it shall be the duty of the Committee to select a replacement
member.
4. Rules and Regulations. The Committee shall have the power to
prescribe reasonable rules and regulations to aid in carrying out the provisions
of these covenants.
5. Variances. Where circumstances, such as topography, location of
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trees and bushes, other matters (including the need for outdoor antennae
for adequate television and radio reception) or other physical interference
require, the Committee may, after open hearing, by an affirmative vote of
the majority of the members of the Committee, allow reasonable variances
as to any of the covenants and restrictions contained in this instrument,
its terms and conditions as may be required; provided, however, that no
such variance shall be finally allowed until twenty (20) days after the
Committee shall have mailed a notice of such hearing to each member of the
Association. In the event any ten percent (10%) of the Association shall
notify the Committee in writing of their objections to such variance
within said twenty (20) dAy period, then the variance shall not be allowed
until such time as it shall have been approved by the affirmative vote
of two-thirds (2/3) votes cast at an annual or special meeting of the
Association.
6. General Requirements. The Committee shall exercise its best
judgment to see that all improvements, construction, landscaping and
alterations on the lands within Lake Springs Ranch conform with the general
declaration and purposes of these covenants, including visual design,
materials, color, site location, height, topography, driveway, grade and
finished ground elevation, and are complimentary to the natural surroundings
and existing structures. The Committee shall protect the privacy of each
home location from other sites insofar as possible. The Committee shall
protect the seclusion and natural view of each residential estate insofar
as possible in the development of Lake Springs Ranch pursuant to these
covenants.
7. Architectural Plans. The Committee shall disapprove any architectural
plans submitted which are not sufficient to enable the Committee to exercise
the judgment required by these covenants.
8. Architectural Committee Not Liable. Neither the Committee nor the
Association shall be liable in damages to any person or association submitting
any architectural plans for approval, or to any owner or owners of land within
Lake Springs Ranch, by reason of any action, failure to act, approval, dis-
approval or failure to approve or disapprove, with regard to such architectural
plans. Any person or association acquiring the title to any property
in Lake Springs Ranch or any person or association submitting plans to
the Committee for approval, by so doing does agree and covenant that he
or it will not bring any action or suit to recover damages against the
Committee, its members as individuals or its advisors, employees, agents,
or developer.
9. Written Records. The Committee shall preserve for a reasonable
time, but not less than five (5) years, complete written records of all
applications for approval submitted (including one (1) set of all preliminary
sketches and all architectural plans so submitted) and all actions of
approval or disapproval, and all actions taken by it under the provisions of
the instrument.
10. Preliminary Approvals. Parties who anticipate constructing
improvements within Lake Springs Ranch or who own or contemplate purchasing
a lot, may submit a preliminary design of improvements to the Committee for
informal review. The Committee shall not be committed or bound by any
informal review until complete plans are submitted and approved or disapproved.
ARTICLE V
GENERAL RESTRICTIONS ON ALL LOTS
1. Zoning. No land within Lake Springs Ranch shall ever be occupied
or used by or for any improvement, structure or purpose or in any manner
which is contrary to the zoning regulations of Garfield County, Colorado,
validly in force from time to time.
2. Mining, etc. No mining, quarrying, excavating, or drilling for
any substances within or on the earth including oil, gas, minerals, gravel,
sand, rock, and earth, shall ever be permitted within the limits of the Lake
Springs Ranch.
3. No Business Uses. No land within Lake Springs Ranch shall ever be
occupied or used for any commercial or business purpose nor for any noxious
activity and nothing shallbe done or permitted to be done on any of said
lands which is a nuisance or which may become a nuisance to the owner or
owners of any said lands. A home occupation or profession is allowable if it
meets all other conditions and restrictions of these covenants.
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4. Signs. With the exception of one (1) "For Rent" or one (1) "For
Sale" sign, which shall not be larger than twelve by twenty (12 x 20) inches
and one (1) entrance gate sign of a style and design approved by the
Committee, no advertising signs, billboards, unsightly objects, or nuisances
shall be erected, altered, or permitted to remain on any lot in Lake Springs
Ranch.
S. Owners and lessees of lots within Lake Springs Ranch may have
ordinary household pets. All dogs shall be restrained from running at large
without accompaniment of a human being capable of controlling the actions
of the dog and having actual control of the dog. The Committee shall have
the power to require any owner or lessee of any lot in Lake Springs to
remove from Lake Springs Ranch any household pet which is not disciplined
or which constitutes undue annoyance to the owners and lessees of lots or
adjacent property owners. The Committee shall have the power to capture and
remove any dog or animal violating this provision and place it in an animal
control division in Garfield County, Colorado.
Horses will be allowed on an individual owner's lot or lots for
recreational purposes but shall not be permitted to be kept on a lot. Horses
shall not be permitted to graze or pasture on any lot for grass or weed
control, and in no event may horses damage the natural grass and vegetation.
Horses shall be pastured in an area designated by the Committee and not on
an owner's or lessee's lot.
There shall be no animals raised or bred on any lot for commercial
purposes, and pigs, goats, sheep, and stallions are expressly prohibited in
any part of Lake Springs Ranch.
6. Restrictions on Resubdivision. No residential_ lot within Lake
Springs Ranch shall ever be resubdivided into smaller lots, estates, or
parcels, nor conveyed nor encumbered in any less than the full original
dimensions of the estate; provided that conveyance or dedications of ease-
ments for utilities or private roads may be made for less than all of one (1)
lot. However, nothing contained in this paragraph shall prevent an owner
of a lot which is designated a "Duplex Lot" specified on the Lake Springs
Ranch plat from seeking approval through the proper county authorities for
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approval to divide said parcel into as many parcels as is desirable; but
such redivision is expressly limited to a maximum of three (3) lots per
lot so provided for.
7. Combining Estates. If two (2) or more contiguous residential
estates are owned by the same owner or owners, they may be combined into
one or more larger residential estates by means of a written document
executed and acknowledged by all of the owners thereof, approved by the
Committee, and reported in the real property records of Garfield County,
Colorado. Thereafter, the new and larger estates shall be considered
as one residential estate for the purpose of these covenants. The com-
bining of two (2) or more residential estates shall not diminish the
number of votes which the owners thereof are entitled to cast under the
provisions of the Articles of Incorporation of Lake Springs Ranch Homeowners
Association.
8. Service Yards and Trash. Clotheslines, swimming pool filter tanks,
service equipment, temporary trash storage containers, woodpiles, or storage
areas shall be screened by planting or fencing to conceal them from view
of neighboring residential lots, drives and roads. Protective enclosures
to screen the above must be approved by the Committee as a part of the plans
for the improvements to be located on the residential lot. All recreational
vehicles shall be kept in an enclosed shelter which shall conform to building
structure requirements in these covenants and which have been approved by the
Committee. All rubbishand trash shall be removed from all lots in Lake
Springs Ranch and shall not be allowed to accumulate and shall not be burned
thereon.
9. Underground Utilitj Lines. All water, gas, electrical, telephone
lines and all other utility lines within the limits of Lake Springs Ranch
must be buried underground and may not be carried on overhead poles nor
above the surface of the ground, except such electrical, telephone or other
electronic lines as may then be installed overhead or above the surface
upon platting of any area within Lake Springs Ranch and such other electrical,
telephone and other electronic lines to be built which, in the sole exclusive
judgment of Foster Petroleum Corporation, its successors and assigns, do not
constitute a violation of the intent of these protective covenants.
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10. Perimeter Fencing. All fences along property lines shall be
a maximum of forty-two (42) inches high. Fences may be constructed of wood
or stone or other material approved by the Committee so long as there is
a continuity of appearance kept with the native setting and surroundings
of Lake Springs Ranch and woven, barbless, or barbed wire may be used to
complete the fence. All fences are subject to the approval of the
Committee; however, fences already in existence shall not be required to
conform to this requirement. No electrical fences along lot boundaries
will be permitted. Fences may not obstruct any easement granted Foster
Petroleum or its successors as provided for in these covenants.
11. Gardens and Lawns. A family garden sufficient in size for house-
hold purposes shall be permitted. Lawns adequate in size to improve the
aesthetics of the residential home shall be permitted, but the intent of
these covenants is to preserve the natural surroundings of Lake Springs
Ranch,thus discretion concerning the size of lawns and gardens is mandated
by these covenants, and both are subject to approval of the Committee.
ARTICLE VI
RESTRICTIONS ON RESIDENTIAL LOTS
1. Number and Location of Buildings. No building or structures
shall be placed, altered, erected, or permitted to remain on any residential
lot other than:
(1) One (1) detached single-family dwelling house with
a minimum of L1ne_Thouaand =94wo Hundred O (1206) square
feet on the first or ground floor, as measured on the
outside of the building, excluding porches and garages;
(2) One (1) attached or detached garage; and
(3) One (1) attached or detached tool or storage shed; and
(4) Such buildings as are necessary for shelter and keeping
of allowed animals.
(5) One (1) detached bath house if used in conjunction
with a swimming pool with a minimum of Two Hundred (200)
gquare feet.
2. Dwelling House to be Constructed First. No garage, or other building
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shall be constructed on any residential lot until after commencement of
construction of the dwelling house, except as otherwise specifically
permitted by the Committee. All construction and alteration work shall
be pursued diligently and each building, structure or improvement which
is commenced on any residential lot shall be entirely completed within
twelve (12) months after the commencement of construction, except that
this period may be extended by an additional three month period if said
extension is made necessary by reason of inclement weather, inability to
obtain materials, strikes, acts of God, or other reasonable delays beyond
the control of the contractors. The exterior construction of all buildings
must be completed, including treating or painting of wood, before occupancy.
ARTICLE VII
RESTRICTIONS ON DUPLEX LOTS
1. Regulations. Duplex lots are subject to the provisions set forth
in Article V/Section 6/ of these covenants regarding resubdivision.
Notwithstanding the pe -r meters -set forth in Article V/ Section 6. it is
further conditioned that the proposedsubdividing of a duplex lot shall be
governed by the topography of the platted duplex lot and subject to the
discretion of the Committee. The intent of this section is to insure an
equality of size for the'subdivided lot regardless of the number of smaller
lots produced by(`subdivision.
2. Number and Location of Buildin•s. No building or structure shall
be placed, altered, erected, or permitted to remain on any duplex lot or
parcels produced by subdivision of such duplex lot other than:
(A) Only one (1) duplex dwelling house shall be allowed
on the duplex lot unless such lot is resubdivided in
accordance with the provisions contained in these
covenants which house shall have a minimum of Two
Thousand (2000) square feet on the first or ground
floor, as measured on the outside of the building,
excluding porches and garages;
(B) Two (2) attached garages;
(C) Such buildings as are necessary for shelter
and keeping of allowed animals;
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(D) Two (2) attached or detached tool or storage
sheds.
3. Dwelling House to be Constructed First. No garage, or other
building shall he constructed on any duplex lot or parcel derived therefrom
until after commencement of construction of the duplex dwelling house,
except as otherwise specifically permitted by the Committee. All construction
and alteration work shall be pursued diligently in each building, structure,
or improvement which is commenced on any yes d'en-t e-1 lot shall be entirely
completed within twelve months after the commencement of construction,
except that this period may be extended by an additional three month period
if saidextension is made by reason of inclement weather, inability to
obtain materials, strikes, acts of God, or other reasonable delays beyond
the control of the contractors. The exterior construction of all buildings
must be completed, including the treating or painting of wood, before
occupancy.
4. Definition of Duplex Dwellings House. As used in these covenants,
the term Duplex Dwelling House shall have its standard meaning as defined
in Webster New World Dictionary.
ARTICLE VIII
RESTRICTIONS ON ALL LOTS
1. Metal Roofs, Siding, Towers and Antenna. No metal roofs, or metal
siding, towers, exposed or outside radio, television or other electronic
antennae shall be allowed or permitted to remain on any Lot in Lake Springs
Ranch, provided however, outdoor radio and television antennae may be per-
mitted by the Committee.
2. Trees and Landscaping. Except for such cutting and altering of
trees and bushes and other natural vegetation growing on a Lot as is necessary
to be done in connection with the construction of improvements or landscaping
previously approved in writing by the Committee, there shall be no further
cutting or altering of trees or bushes or other natural vegetation growing
on any Lot, and no further landscaping thereof, if such cutting or alteration
of the landscaping would change or alter the natural growth and native setting
of Lake Springs Ranch, except as may be authorized in writing by the Committee.
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Each and every lot owner shall dispose of all trees and brush cleared by
him in such a manner that all Lots shall be kept free of accumulations
of brush, trash, or other materials which may constitute a fire hazard or
render a Lot unsightly.
3. Tanks. No elevated tanks of any kind shall be erected, placed
or permitted upon any Lot. Any tank used in connection with any dwelling
house, duplex dwelling house, or other structure on any Lot, including
tanks for storage of gas, fuel oil, gasoline, oil or water, shall be
buried.
4. Used or Temporary Structures. No used or previously erected or
temporary house, tents, structure, house trailer, mobile home, or non-
permanent outbuilding shall ever be placed, erected, or allowed to remain
on any Lot except during construction periods and no structure designed to
be inhabited by humans shall he occupied in any manner prior to its completion.
5. Exterior Lighting and Sound. No exterior lights or light standards,
or any exterior sound generating or emitting system on a Lot shall be
constructed, created or permitted unless previously approved by the Committee
for harmonious development and the prevention of lighting and sound nuisances
to other lands within Lake Springs Ranch. No loud, offensive or other
disturbing or disruptive activities shall ever be allowed or tolerated on any
land within Lake Springs Ranch.
6. Garbage Disposal and Sanitary System. Each dwelling house or
duplex dwelling house containing a kitchen constructed on any Lot in Lake
Springs Ranch shall be equipped with a garbage grinder or disposal unit of
a type approved by the Committee. No sewage disposal system, sanitary or
septic tank system, shall be constructed, altered, or allowed to remain on
or allowed to be used on any Lot unless fully approved as to design, capacity,
location, quality and construction by all proper Public Health Agencies of
the State of Colorado, and the County of Garfield and also by the Committee.
7. Interior Fences. Interior fences, screens, or walls which are
associated with or connected with a building, structure, or swimming pool may
be of such design, material, and height as may be approved by the Committee.
8. Foundationsz Cinderblock and Concrete. No foundation, cinderblock,
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or concrete, shall be exposed. Facing must be of wood, brick, or stone
(or a combination thereof). No artificial stone facing or any other
manufactured product of this nature shall be allowed without the approval
of the Committee.
9. Automobile Repair and Unlicensed Automobiles. No automobile
repair shall be permitted at any time nor shall any unlicensed automobile
or other vehicle be allowed to remain on any ream=1 lot within Lake
Springs Ranch for a period exceeding 48 hours.
10. Campers, Trailers, and Other Recreational Vehicles. No camper
trailers, boats, or recreational vehicles of any kind whatsoever, or trailers
for such recreational vehicles, shall be parked or maintained, at any time,
outside of the garage or other outbuildings on any -1 iot in Lake
Springs Ranch.
11. Operation of Motorized Vehicles. No dune buggies, motorcycles,
trail bikes, snowmobiles or other motorized vehicles of any type or
description shall ever be operated on any Lot in Lake Springs Ranch. However,
with the exception of snowmobiles, any of the above mentioned motorized
vehicles may be operated on constructed roads in Lake Springs Ranch so long
as said vehicle complies with C.R.S. 1973, 42-4-222 regarding noise and
the peace and tranquility of Lake Springs Ranch is preserved.
12. Cars and Jeeps. All cars and jeeps shall be operated only upon
constructed roads in Lake Springs Ranch.
13_--...-Fir.eplaces_, _Chimneys and -Barbecues.- Allfireplaces,. chimneys__and
barbeques--shall be -equipped and maintained with spark--arresting-.screens.
14. Metal Buildings. No corrugated type metal buildings will be allowed.
Other metal buildings that, through their appearance, enhance the environmental
surroundings will be allowed with the approval of the Committee.
15. Dwelling Location, Setback. No building shall be located nearer
than seventy-five (75) feet to any Lot boundary and shall be located on a
Lot in such a manner that the building site conforms with the topography of
the land. All potential building sites are subject to approval by the
Committee.
16. Land Uses. No improvements nor any activity shallbe permitted on any
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Lot which is or might become a nuisance to adjoining Lots. No open fires
will be permitted and no hunting shall ever be carried on or permitted
within the limits of Lake Springs Ranch. "Hunting" as that term is used
in this section shall mean such activity as is specified by the definition
of hunting contained in C.R.S. 1973, 33-1-102 (17). "Fishing".as that
term is defined in C.R.S. 1973, 33-1-102 (13) shall be allowed81 however,
conditions regulating fishing shall be in the discretion of the Committee.
17. Unimproved Lots. The owner of each unimproved Lot shall have the
weeds thereon cut during the month of July of each year. If an owner does
not have the weeds so cut, the Committee may do so and charge the owner
the actual cost thereof; and a lien may be filed against the landowner of
record as provided for in Article III, Section 3.
18. Roads. Foster Petroleum Corporation shall be responsible for the
maintenance of and removal of snow from all public roads within Lake Springs
Ranch, until these responsibilities are assumed by Garfield County.
ARTICLE IX
RESTRICTIONS ON COMMON AREA
1. Improvements. No improvements of any kind or nature shall be
constructed, altered, or allowed to remain on the common areas of Lake
Springs Ranch, except as otherwise provided herein.
2. Operation of Motorized Vehicle. No dune buggies, motorcycles,
trail bikes, snowmobiles, or other motorized vehicles of any type or
description shall ever be operated on common area in Lake Springs Ranch.
ARTICLE X
EASEMENTS RESERVED
1. Boundary Easements.
(A) There are hereby created and reserved perpetual easements,
as described in (B) and (C) below, for the purpose of constructing,main-
taining, operating, replacing, enlarging, and repairing water wells, electric,
telephone, water irrigation, sewer, gas, and similar lines, pipes, wires,
ditches, and conduits, and walking, cross-country skiing, horseback riding
trails.
(B) Along that portion of the perimeter of a Lot which is also
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a portion of the exterior boundary of Lake Springs Ranch, the easement
created and reserved in (A) above, shall be twenty (20) feet in width.
(C) Along the perimeter of each Lot to which (B) above does
not apply, and along the entire perimeter of the common areas, as des-
cribed on the recorded plat of Lake Springs Ranch, the easement created
and reserved in. (A) above shall be twelve (12) feet in width on each
side of the perimeter boundary of each Lot.
2. Fence Licenses Within Utility Easement. No fence or other improve-
ment shall be placed in any of the easements within Lots created and
reserved under Section 1 of this Article X unless prior written authorization
shall have been obtained from the Committee. Any such authorization shall
be deemed to be a revocable license and the owner or owners of the Lot upon
which said fence is constructed shall promptly remove same at his expense
upon request of the Committee. Damage to any such fence occasioned by the
construction, maintenance or repair of any utilities or systems shall be
repaired by the owner or owners of the Lot at his sole expense. _Fences
erected within easements, in accordance with the provisions of this Section
shall also meet the standards -set out in Article V, Section 10, above.
3. Elimination of Utility Easements. Upon approval of the Committee
of a request that certain easements be eliminated on originally platted
lines which are no longer to be lot lines or upon the combining of lots
pursuant to Section Lit of Article V, the then owner of such easement shall
release and quit claim such easement upon such terms and conditions as the
Committee may establish.
4. Ownership of Easements. All easements and rights created and
reserved in Section 1 and Section 2 of this Article shall be vested in the
undersigned corporation, its successors and assignsiuntil such time as the
undersigned corporation, its successors and assigns, shall have executed and
delivered an instrument in writing transferring the same or a part thereof
to The Association. Prior to such transfer, the undersigned corporation,
its successors and assigns, may authorize the use of said easement, either
temporarily or permanently, for the purposes set forth in Section 1 and Section
2 of this Article for the benefit of lands not included in Lake Springs
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Ranch. Upon any such transfer to The Association, the undersigned corpora-
tion, its successors and assigns, shall be relieved from all continuing
responsibilities therefore.
ARTICLE XI
ENFORCEMENT
1. Enforcement Actions. The Committee shall have the right to
prosecute any action to enforce any of the provisions of any or all of
these covenants by injunctive relief, on behalf of itself and all or part
of the owners of land in Lake Springs Ranch. In addition, each owner of
land within Lake Springs Ranch, including Lake Springs Ranch Homeowners
Association, have the right to prosecute any action for injunctive relief
and for damages by reason of any violation of these covenants.
2. Limitations on Actions. In the event any construction or alteration
or landscaping work is commenced on any of the lands in Lake Springs Ranch
in violation of these covenants and no action is commenced within ninety (90)
days thereafter to restrain such violation, then injunctive or equitable
relief shall be denied, but an action for damages shall be available to any
party aggreived. Said ninety (90) day limitation shall not apply to
injunctive or equitable relief against other violations of these covenants,
nor shall it apply to provisions of Section 2 of Article X.
ARTICLE XII
GENERAL PROVISIONS
1. Covenants to Run. All of the covenants contained in this instrument
shall be a burden on the title to all of the lands in Lake Springs Ranch and
the benefits thereof shall inure to the owners of all of the lands in Lake
Springs Ranch, and the benefits and burdens of all said covenants shall run
with the title to all of Lake Springs Ranch.
2. Termination of Covenants. The covenants contained in this instrument
shall terminate on the
day of , 19 , or at the time
of final dissolutionof the Colorado corporation not for profit, known as Lake
Springs Ranch Homeowners Association, whichever date shall first occur.
Effective
, 19 and ,19 , these
covenants may be amended by a vote of three-fourths (3/4) of the votes entitled
-7.6-
• •
to he cast by the members of the Lake Springs Homeowners Association,
said vote to be cast at a meeting of the members duly held not more than
six (6) months before and not more than six (6) months after said date,
provided a properly certified copy of the Resolution of Amendment be placed
on record in Garfield County, Colorado, not more than six (6) months after
said date. If these covenants are amended on or after
19 , then they shall continue in effect as amended for so long thereafter
as may be stated in such amendment.
3. Severability. Should any part or parts of these covenants be de-
clared invalid or uneforceable by any Court of competent jurisdiction in
this State, such decision shall not effect the validity of the remaining parts
of these covenants.
4. Paragraph Headings. The paragraph headings in this instrument are
for convenience only and shall not be construed to be a part of the covenants
contained herein.
ATTEST:
FOSTER PETROLEUM CORPORATION
By
Henry F. Kane
Vice -President
Secretary
STATE OF )
) ss.
COUNTY OF )
Acknowledged, subscribed and sworn to before me this day of
and
, 19 , by
Witness my hand and official seal.
My commission expires
and attested by as
of
Notary Public
•
DECLARATION OF PROTECTIVE COVENANTS
OF
LAKE SPRINGS RANCH
ARTICLE I: DECLARATION
Foster Petroleum Corporation, a Delaware corporation,
is the sole owner of the land known and described as set
forth in Exhibit A, attached hereto and incorporated herein.
Foster Petroleum Corporation hereby makes and declares
the following restrictions upon ithe use of such real property -
as covenants which shall be attached to and run with the
land, and be binding upon any parties having any right,
title or interest in the described property or any part
therof, their heirs, successors and assigns, and shall inure
to the benefit of each owner thereof, so long as these
covenants remain in effect:
ARTICLE II: DEFINITIONS
Section 1: "Association" shall mean and refer to
Lake Springs Ranch Homeowners Association, a Colorado nonprofit
corporation, its successors and assigns.
Section 2: "Owner" shall mean and refer to the
record owner, whether one or more persons or entities, of a
fee simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
Section 3: "Properties" shall mean and refer to
that certain real property hereinbefore described, and such
additions thereto as may herehfter be brought within the
jurisdiction of the Association. Properties may also be
referred to as "Lake Springs Ranch".
Section 4: "Common Area" shall mean all real property
owned by the Association for the common use and enjoyment of
the owners. The Common Area to be owned by the Association
consists of the roadways, equestrian c:enter,.and Agricultural/
Open Space District shown on the plat of Lake Springs Ranch
recorded in the Garfield County records.
• •
Section 5: "Lot" shall mean and refer to any plot
of land shown upon any recorded plat of the Lake Springs
Ranch with the exception of the Common Area.
Section 6: • "Declarant" shall mean and refer to the
Foster Petroleum Corporation, its successors and assigns.
Section 7: "Easement" shall mean and refer to all
private roads, access and utility easements referred to or
shown upon the plat of Lake Springs Ranch.
Section 8: "Agricultural/Open Space District" shall
mean roads, areas designated on`the recorded plat of Lake
Springs Ranch as Agricultural/Open Space District. Property
so designated shall be for recreational use, including
stables, riding area, kennel, pasture, water impoundments
and customary accessory uses, including buildings for shelter
or enclosure of animals or property employed in any of the
above uses, recreational vehicle storage, park and greenbelt
uses.
Section 9: "Residential/Single Family District"
shall mean areas designated on the recorded plat of Lake
Springs Ranch as Residential/Single Family District. Property
so designated shall be for single family dwelling and customary
accessory uses, including buildings for shelter or enclosure
of small animals or property accessory to use of lot for
single family residential purposes and fences, hedges,
gardens,walls, and similar landscape features. Park and
greenbelt uses are also permitted.
Section 10: "Residential/Cluster Housing District" shall
mean areas designated on the rrecorded plat of Lake Springs Ranch
as Residential/Cluster Housing District. Property so designated
shall be for single family dwellings, duplex dwellings, tri-
plex dwellings and customary accessory uses, including buildings
for shelter or enclosure of small animals or property accessory
to use of lot for residential purposes and fences, hedges,
gardens, walls, and similar landscape features. Park and green-
belt uses are also permitted. No more than three (3) dwelling
units may exist in the Residential/Cluster Housing District.
• •
Section 11: "Equestrian Center" shall mean that
portion of the Common Area designated and set aside by the
Association for equestrian purposes.
Section 12: ' "Parking Area" shall mean that portion of
the common Area designated and set aside by the Association
for parking motor vehicle.
ARTICLE III: PURPOSES, LAKE SPRINGS RANCH HOMEOWNERS
ASSOCIATION, MEMBERSHIP
Section 1: Purpose
These covenants are made for the purpose of creating
and keeping Lake Springs Ranch a desirable, attractive,
beneficial lc�ation providing single family residential
housing which is sensitive to the environment of the site
and protective to the Spring Valley aquifer. These covenants
are intended to provide residents with the opportunity to
keep horses on Spring Valley Ranch at a location other than
the individual lots, and to provide single family housing
while maintaining a maximum degree of spaciousness and
privacy for each dwelling unit and guarding
interference with the natural beauty of the
mutual benefit
and protection of the owners
against unnecessary
land for the
of lots in Lake
Springs Ranch. Each owner and his or her heirs, successors
and assigns s:iall be subject to the restrictions, conditions,
covenants, and agreements contained herein and shall comply
with and perform the restrictions, conditions, covenants and
agreements contained herein.
Section 2:
Membership in Lake prings Ranch Homeowners
Association
All persons or entities (other than Lake Springs
Ranch Homeowners Association) who own or acquire title in fee
simple to any of the land in Lake Springs Ranch (other than
lands dedicated as common area, common property or easements) by
whatever means acquired, shall automatically become members
of Lake Springs Ranch Homeowners Association, a Colorado
nonprofit corporation, in accordance with the Articles of
Incorporation of said Lake Springs Ranch Homeowners Association
presently in effect and recorded or filed in the records of
• •
Garfield County, Colorado, as the same may be duly amended
from time to time and also filed or recorded in the Garfield
County records.
ARTICLE IV: ARCHITECTURAL COMMITTEE
Section 1: Architectural Committee. The architectural
committee shall mean the Board of Directors of Lake Springs
Ranch Homeowners Association, a Colorado corporation not for
profit as said Board of Directors is presently constituted
or from time to time in the future constituted. Said architectural
committee shall have and exercise all of the powers, duties
and responsibilities set out in this instrument.
Section 2: Approval Architectural Committee. No
improvements of any kind, including but not limited to
dwelling houses, out buildings, swimming pools, parking
areas, walls, garages, drives, antennae, curbs and walks,
shall be erected, altered, or permitted to remain on any
land within Lake Springs Ranch, nor shall any excavating,
clearing or landscaping be done in conjunction therewith on
any lands within Lake Springs Ranch, unless the complete
architectural plans and specifications including site,
excavation, elevation and floor plans showing the orientation
for such erection or alteration and landscaping are submitted
to and approved by the architectural committee prior to the
commencement of such work. The architectural committee
shall consider and base its decision upon: design of the
improvements; materials to be used on the external features
of said buildings or structures; external colors; location
1
with respect to topography and grade elevations; harmony of
landscaping with the natural settings and native trees,
bushes and other vegetation within Lake Springs Ranch;
visual impact on other lots; and minimization of damage to
vegetation. In the event the architectural committee fails
to take any action within forty-five (45) days after the
architectural plans for such work have been submitted to it,
then such architectural plans shall be deemed to be approved.
In the event the architectural committee shall disapprove
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• •
any architectural plans, the person or association submitting
such architectural plan may appeal the matter at the next
annual or special.meeting of the members of Lake Springs
Ranch Homeowners Association, wherein an affirmative vote of
at least the majority of the votes entitled to be cast
at such meeting shall be required to change the decision of
the architectural committee.
Section 3: Rules and Regulations. The architectural
committee shall have the power to prescribe reasonable rules
and regulations to aid in carrying out the provisions of
these covenants.
Section 4: Variances. Where circumstances, such as
topography, location of property lines, location of trees
and bushes, or other matters require, the architectural
committee may, after open hearing, by an affirmative vote of
the majority of the members of the architectural committee,
allow reasonable variances as to any of the covenants and
restrictions contained in this instrument, its terms and
conditions as may be required, provided, however, that no
such variance shall be finally allowed until thirty (30)
days after the architectural committee shall have mailed a
notice of such hearing to each member of the Association.
In the event any five (5) members shall notify the architectural
committee in writing of their objections to such variance
within said thirty (30) day period, the variance shall not
be allowed until such time as it shall have been approved by
the affirmative vote of at lef.st the majority of votes
entitled to be cast at an annual or special meeting of the
Association.
Section 5: General Requirements. The architectural
committee shall exercise its best judgment to see that all
improvements, construction, landscaping and alterations on
the lands within Lake Springs Ranch conformwith the general
declaration and purposes of these covenants. The architectural
committee shall protect the seclusion and natural view of
each residential estate insofar as possible in the development
of Lake Springs Ranch pursuant to these covenants.
• s
Section 6: Architectural Plans. The architectural
committee shall disapprove any architectural plans submitted
which are not sufficient to enable the architectural committee
to exercise the judgment required by these covenants.
Section 7: Architectural Committee Not Liable. Neither
the architectural committee nor the association shall be
liable in damages to any person or association submitting
any architectural plans for approval, or to any owner or
owners of land within Lake Springs Ranch, by reason of any
action, failure to act, approval, disapproval or failure to
approve or disapprove, with regard to such architectural
plans. Any person or entity acquiring the title to any
property in Lake Springs Ranch, or any person or association
submitting plans to the architectural committee for approval,
by so doing does agree and covenant that he or it will not
bring any action or suit to recover damages against the
architectural committee, its members as individuals or its
advisors, employees or agents.
Section 8: Written Records. The architectural committee
shall preserve for a reasonable time, complete written
records of all applications for approval submitted (including
one (1) set of all preliminary sketches an all architectural
plans so submitted) and all actions of appro 1 or disapproval,
and all actions taken by
instrument.
ARTICLE V: GENERAL RESTRICTIONS
Section 1: Zoning. No lend within Lake Springs Ranch
shall ever be occupied or used for any improvement, structure
or purpose or in any manner which is contrary to the Planned
Unit Development Zoning Regulations for Lake Springs Ranch
as approved by Garfield County, Colorado, validly in force
from time to time.
Section 2: Mining, Etc. No mining, quarrying, excavating
or drilling for any substances within the earth, including
oil, gas, minerals, gravel, sand, rock, and earth, shall
ever be permitted within Lake Springs Ranch.
it under the provisions of this
Section 3: No Business Uses. No land within Lake
Springs Ranch shall ever be occupied or used for any commercial
or business purposes, except for a home occupation
profession conducted entirely within a dwelling by
occupants thereof, which use is clearly incidental
or
the
and
secondary to the use of the dwelling for residential purposes
and does not change the character thereof. No display,
stock in trade, or outside storage of equipment shall be
permitted and commodities may not be sold on the premises;
not more than two persons shall engage in such occupation.
At no time shall more than four motor vehicles be temporarily
parked at any residence at any time.
Section 4: Signs. No
sign or advertising device of
any kind shall be placed on any lot except a sign
the owner's name and/or address and except a sign
is for sale or a residence for rent.
that the lot
type of sign
committee.
Section 5:
shall be carried
anything be done
showing
indicating
Any other
must be approved by the architectural control
Activities. No noxious or offensive activity
on within Lake Spring Ranch, nor shall
or permitted which shall constitute a
public nuisance thereon.
Section 6: Firearms, Etc. No firearms, fireworks or
other explosive devices shall be discharged at any time
within Lake Springs Ranch.
Section 7: Animals. Dogs or other domesticated animals
shall be permitted only when the owner shall confine such
animal at all times either within the owner's house, within
a securely fenced kennel area, or secured on
being exercised. Each owner shall take full
insure that his animal will be restricted on
a leash while
precautions to
his property
and prevented from trespassing on the lots of other property
owners. Each owner shall comply
County ordinances regulating pet
control committee shall have the
with any and all Garfield
ownership. The architectural
power to require any owner
or lessee of lands within Lake Springs Ranch to remove any
-7-
• •
household pet which is not disciplined or which constitutes
an undue annoyance to owners and lessees of lands within
Lake Springs Ranch or adjacent property.
Horses shall be permitted when confined, cared for
and ridden in conformity with rules and regulations which
may be from time to time adopted by the Board of Directors
of the Association. All horses shall be kept in the common
area set aside for maintenance of horses. The number of
horses permitted per lot shall be designated in the rules
and regulations adopted by the Association.
Section 8: Setback and Parking. In the Residential/
Single Family District there shall be the following restrictions:
(a) Setback restrictions: Front Yard - 30 feet; Side
Yard - 20 feet; Rear Yard - 50 feet.
(b) The maximum building height shall be 25 feet.
(c) Four off-street parking spaces shall be required
on the same lot for each dwelling unit, or one space per 600
square feet of floor area of improvements, whichever is greater
In the Agricultural/Open Space District, there shall be
the following restrictions:
(a) Setback restrictions: Front Yard - 40 feet; Side
Yard - 40 feet; Rear Yard - 40 feet.
(b) The maximum building height shall be 25 feet.
In Residential/Cluster Housing District there shall be
the following restrictions:
(a) Setback restrictions: 50 feet from the Cluster Housing
District boundaries; lots within the Residential/Cluster Housing
District shall have no setback requirements;
(b) The maximum building height shall be 25 feet;
(c) Four off-street parking spaces shall be required
on the same lot for each dwelling unit, or one space per 600
square feet of floor area, whichever is greater.
Section 9: Utilities, Tanks, and Clotheslines. All
water, gas, electrical, telephone lines, and. all other
utility lines and all tanks of any kind within Lake Springs
Ranch shall be buried underground. No utility lines may be
carried on overhead poles or above the surface of the ground.
F1-
• •
All clotheslines shall be kept screened by adequate planting
or fencing so as to be concealed from the view of the neighboring
lots and roadways.
Section 10: Exterior Lighting and Sound. No exterior
lights or any exterior sound generating or emitting system
shall be constructed, created, or permitted unless previously
approved by the architectural control committee.
Section 11: Campers, Trailers, and Other Recreational
Vehicles. No campers, trailers, boats, snowmobiles, or
other recreational vehicles of any kind whatsoever, or
trailers for such recreational vehicles, shall be parked or
maintained at any time outside of the garage or other outbuilding
on any residential lot in Lake Springs Ranch, except for
temporary use for a period of not more than two weeks. Any
such vehicle or trailer may be stored in an area so designated
by the Board of Directors of the Association as the Parking
Area.
Section 12: Motor Vehicle Repair. No motor vehicle
repair shall be permitted at any time nor any unlicensed
automobile or other motor vehicle be allowed to remain on
any lot within Lake Springs Ranch.
Section 13: Operation of Motor Vehicles. No dune
buggies, motorcycles, trail bikes, snowmobiles, or other
motorized vehicle of any type of description shall be operated
on any lot or common area within Lake Springs Ranch.
ARTICLE VI: RESTRICTIONS ON RESIDENTIAL/SINGLE FAMILY
DISTRICT
Section 1: Number and Location of Buildings. No
buildings or structures shall be placed, altered, erected,
or permitted to remain on any lot other than:
(1) One (1) detached single-family dwelling house
with a minimum of 1200 square feet of interior area, exclusive
of accessory areas of garages, porches, or patios.
(2) Two (2) nondwelling units_such.as garages,
greenhouses, swimming cabanas, or tool or storage shed, or
building necessary for the shelter and keeping of animals.
-9-
Section 2: Dwelling House to be Constructed First.
garage, or other building shall be constructed on any lot
until after commencement of construction of the dwelling
house, on the same lot except as otherwise specifically
permitted by the architectural committee. All construction
and alteration work shall be prosecuted diligently and each
building, structure or improvement which is commenced on any
lot shall be entirely completed within twelve (12) months
after the commencement of construction. All improvements
constructed or erected on any lot shall be of new construction
and no buildings shall be moved from other locations onto
said lot. Nu mobile home or house trailers may be moved
onto any lot. The owner of each lot shall be responsible
for the upkeep of the driveway providing access from the
common roadways to said lot, including but not limited to
snow removal, grading, graveling, and maintenance of the
driveway and drainage.
Section 3: Trees, Landscaping, and Fences. Except
for such cutting and altering of trees and bushes and other
natural vegetation growing on a lot as is approved by the
Architectural Control Committee and is necessary to be done
in connection with the construction of improvements, driveways,
walkways, and a two thousand square foot lawn or irrigated
area, there shall be no further cutting or altering of trees
or bushes or other natural vegetation growing on any lot,
and no further landscaping thereof. Particular attention shall
be given to the 2000 square foot area during construction to
avoid unnecessary damage thereto.
Each lot owner is encouraged to plant and maintain a minimum of
ten trees in or around the above-described two thousand
square foot lawn or irrigated area. All fences shall have a
continuity of appearance in keeping with the native setting
and surroundings of Lake Springs Ranch. Fence design,
material, and height shall be approved by the Architectural
Control Committee.
Section 4: Trash. No trash, ashes or other refuse
shall be thrown or dumped on any land within Lake Springs
1 Ci --
Ranch. It must be removed from the property and dumped in
a sanitary landfill. Each property owner shall provide
suitable receptacle* for the temporary storage and collection
of refuse and all such receptacles shall be screened from
public view and protected from disturbance. Each lot at all
times shall be kept in a clean, sightly and wholesome condition.
No trash, litter, junk, boxes, containers, bottles, cans,
implements, machinery, inoperable cars, lumber, or other
building materials shall be permitted to remain exposed on
any lot so as to be visible to any neighboring lot or road,
except as is necessary during the period of construction.
ARTICLE VII: EASEMENTS RESERVED
Section 1. Easements. There are hereby created and
reserved perpetual easements for the purpose of constructing,
maintaining, operating, replacing, enlarging and repairing
water wells, electric, telephone, water, irrigation, sewer,
similar lines, pipes, wires, ditches, and conduits and
walking and riding trails as described in the recorded plat
of Lake Springs Ranch.
Section 2. Ownership of Easements. All easements and
right created and reserved in Section 1 of this Article
shall be vested in the declarant, its successors and assigns,
until such time as the declarant shall have executed and
delivered an instrument in writing transferring the same or
part thereof to the Association. Upon any such transfer to
the Association, the declarant, its successors and assigns,
shall be relieved from all continuing responsibilities
therefor.
ARTICLE VIII: ROADS
Section 1: Ownership of Roads. The title in fee to
all lands platted as private roads as shown on the recorded
plat of Lake Springs Ranch shall be dedicated to and remain
vested in the public.
Section 2: Maintenance of Roads. All roads in Lake
Springs Ranch as shown on the recorded plat of Lake Springs
Ranch shall be maintained by the Association as hereinafter
gas and
•
provided, unt+1 such time as the maintenance responsibilities
are assumed by any governmental body.
ARTICLE IX: WATER SYSTEM
Section 1: Ownership of Water Rights, and Water System.
The title in fee to all water rights appurtenant to the
property and any water system constructed thereon shall be
and remain vested in the declarant until such time as the
declarant shall have executed and delivered an instrument in
writing transferring the same or a part thereof to the
Association.
Section 2: Maintenance of Water System. Any water
system constry cted on the property shall be maintained by
the declarant until such time as the declarant has transferred
the same to the Association. Once transferred to the Association,
the water system shall be maintained by the Association as
hereinafter provided.
ARTICLE X: DUTIES AND POWERS OF THE ASSOCIATION
Section 1: Duties and Powers. Lakes Springs Ranch
Homeowners Association shall have all those powers and
duties as provided in the Articles of Incorporation and By -
Laws of the Association.
ARTICLE XI: ASSESSMENT FOR COMMON EXPENSES
Each memb3r of the Association for each lot owned
within Lake Springs Ranch, and each owner of any lot within
Lake Springs Ranch, shall be obligated to pay an annual
assessment established by the Association. The assessments
shall be fixed and collected from time to time as provided
in the Articles of Incorporation and By -Laws of the Association.
The assessments which are unpaid, together with interest
thereon and costs of collection thereof as provided in the
Articles of Incorporation and By -Laws of the Association
shall be a charge on the land and shall constitute a lien
upon the assessed lot which shall be superior to all other
liens and encumbrances except tax and special improvement
district assessments, and except all sums unpaid on a first
or second mortgage or first or second deed of trust of
record. The Association shall be entitled to foreclose
- 1 7 --
such liens as provided in the Articles and By -Laws, or as
otherwise provided by law. Each such assessment, together
with such interest, costs and reasonable attorney fees,
shall also be the personal obligation of the person who was
the owner of such property at the time the assessment became
due. The personal obligation shall not pass to his successors
in title unless expressly assumed by them.
The assessments levied by the Association shall be used
exclusively for the purpose of promoting the health, safety,
and welfare of the residents in the subdivision or in other
property hereafter made subject to this Declaration, and in
particular for the purchase of any real or personal property,
the creation, improvement and maintenance of common services
and facilities and areas, devoted to this purpose and related
to this use and enjoyment of the lots and the homes situated
thereon, including but not limited to the water system, sewer
system, roads and equestrian center. The assessment for
common expenses shall be based upon the cash requirements
deemed by the Board of Directors of the Association necessary
to pay all estimated expenses of the Association connected
with the purposes described herein, and to provide such
reserves as the Board of Directors deems proper in order to
accomplish the objects and purposes of the Association.
ARTICLE XII: COMPLIANCE WITH DECLARATION, ARTICLES
AND BY-LAWS OF THE ASSOCIATION
Each member shall comply strictly with the provisions
of the Declaration as amended, the Articles of Incorporation
and By -Laws of the Association, and the decisions and resolutions
of the Association adopted pursuant thereto, as the same may
be lawfully amended from time to time. Failure to comply
with any of the provisions of this paragraph shall be grounds
for an action to recover sums due and for damages or injunctive
relief or both, including costs of suit and attorney fees,
maintainable by the Board of Directors in the name of the
Association -on behalf of the owners or, in a proper case, by
- 1 3 -
an aggrieved owner.
AETICLE XIII: ENFORCEMENT
If any persons shall violate
or threaten to violate any
of the provisions of this instrument, it shall be lawful for
any person or persons owning real property within the subdivision
or for the Association to institute proceedings at law or in
equity to enforce the provisions of this instrument, to
restrain the person violating or threatening to violate
them, and to recover damages, actual and punitive, that may
result from said violation, together with costs of the suit
and attorney's fees.
ARTICLE XIV: SEVERABILITY, TERMINATION AND AMENDMENT
Section 1: Severability. Invalidation of any one or
more of the provisions of this instrument by judgment or
court order or decree shall in no wise effect any of the
other provisions, which shall remain
effect.
Section 2:
this instrument
of the Colorado
Ranch Homeowners
at
in full force and
Termination. The convenants contained in
shall terminate at the time of final dissolution
nonprofit corporation known as Lake Springs
Association, as provided by law.
Section 3: Amendment. These covenants may be amended
any time by a vote of three-fourths of the votes entitled
to be cast by the members of Lake Springs Ranch Homeowners
Association, said vote to be cast at any annual meeting of
the members duly held. Said amendment shall become effective
T
at the time a properly certified copy of the resolution of
amendment is recorded in the office of the Clerk and Recorder
of Garfield County, Colorado.
DATED this
day of , 1981.
FOSTER PETROLEUM CORPORATION
A Delaware corporation,
By:
Henry F. Kane
Vice President
•
ATTEST:
L. G. Taylor
Secretary
STATE OF OKLAHOMA
ss.
COUNTY OF )1
The foregoing was acknowledged before
day of
me this
lk[P.
, 1981, by Henry F. Kane
Vice President and L. G. Taylor as Secretary of Foste]
Petroleum Corporation, a Delaware corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
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as
iF a