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HomeMy WebLinkAbout3.0 Correspondence• GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE 109 8th Street, Suite 300 Glenwood Springs, Colorado 81601-3303 Telephone (303) 945-9150 Fax No. (303) 945-2379 MEMO TO: ANDREW McGREGOR, COUNTY PLANNER GARFIELD COUNTY P ING D "ARTMENT FROM: RE: DATE: DON DEFORD CHRISTELEIT SUBDIVISION May 30, 1991 I will be out of town during the consideration of the preliminary plan for the Christeleit Subdivision on June 3, 1991 and, therefore, am reducing to writing my thoughts concerning the potential approval of the Christeleit Subdivision. I believe most of the following is well known to you and the Board of County Commissioners. Red Canyon Road has been a safety concern and a matter of discussion by myself, the Planning Department and the Road & Bridge Department since I first came to Garfield County. I am aware that there is an existing resolution stating that no further subdivision shall be approved that would add traffic impact to the Red Canyon Road. Clearly, the Christeleit Subdivision will add traffic impact to the Red Canyon Road, accessing that county right-of-way at the top of its most dangerous section. Previously, I have told the Board that it is my recommendation that this road be closed. That remains my recommendation. However, it does not seem prudent or appropriate that the Board should not only fail to close the road but add hazards to that road by approving a subdivision that will directly impact its dangerous portions. In regard to such safety hazards, I am aware that during the course of the last year, we have had at least one accident along this road, to which the Glenwood Springs Ambulance Service has failed to respond on a 911 call, because of the hazards presented in this area. Additionally, in the past, we have had extreme difficulty maintaining this road in the winter, to the extent that equipment operators in the County Road & Bridge Department have refused to operate snow removal equipment for fear of injury or death along this road. Clearly, if this road cannot be maintained in the winter, that must be a consideration of the Board in approving a potential subdivision. MEMO TO ANDREW McCOR • Page 2 May 30, 1991 As all are aware, a previous Board of County Commissioners had taken the position that this road is too hazardous to sustain substantial additional impacts. The existing and somewhat dated resolution stating the policy of this Board must be reviewed as part of the consideration of the Christeleit Subdivision. That resolution, as a matter of policy, states that no further subdivisions will be approved that will impact this portion of the road. It would be totally inconsistent for this Board to approve the Christeleit Subdivision knowing of the existence of this resolution. Therefore, if the Board is inclined to approve the Christeleit Subdivision, it is my recommendation that the Board simultaneously repeal the existing resolution that would prohibit the approval of such subdivisions. Finally, I must emphasize that through the foregoing, I am not stating that the County has a risk of liability concerning the Red Canyon Road. Under current law, Garfield County is totally immune from claims for liability for personal injury resulting from the dangerous condition of its roads. Therefore, rio matter what the extent of hazard presented by Red Canyon Road, it does not appear that the County would be liable at law for a claim for injury along this road. DKD:vlm • • May 16, 1990 County Commissioners Garfield County Colorado Attn: Marian Smith RE: Christeleit Subdivision c�� n.. L `t_. .1 jj f I I( MAY 17 1990 a i_1_,_,_ L -J GARFIELD UUUNTY Dear Ms. Smith, We have submitted an application for subdivision in Spring Valley on our 89 acre parcel of land. The plan is for five - ten acre lots and one - 39 acre lot. We have owned this property since August of 1980. We have completed our sketch plan and met with the Planning Board on May 9. In 1981 resolution #81-175 was created by Commissioners Cerise and Drinkhouse. We would like the current Commissioners to review this resolution. We do not feel that this resolution should apply to our subdivision as we have two alternate access roads of 115 and 119 via 114 Road past Colorado Mountain College. We are only adding four more lots than would be allowed under SB#35. It would be appreciated if you could include this item at your next meeting on the Citizens Not on Agenda List. Thank You for your consideration on this matter. Since Peter . Christeleit • :iIts rt. vf l'JLOItl�UO County of Garfield Ata regular meeting of the Board of County Comridssloners for Oa iflet, a .unty, Colorado, held at the Court (louse In Glenwood Springs on Tuesday the 2nd ........day of June 81 - A. D. 19.. th re.were present: Haven J. Cerise �Iemporarr ..•.•..•....•.. } f r .. r .. .••..' , Commissioner Chairman �u,�eno J�.nl I�rinTcl�ouse , Comtnhsloner • • -Arthur A. Abplanalp, Jr. , Commissioner Cheryl J. Koss, Deputy County Attorney , Clerk of the Board • when the following proceedings, among others were had and done, to•wrt: • RESOLUTION NO. 81-175 RESOLUTION CONCERNED WITH THE DETERMINATION THAT FURTHER SUBDIVISION IN THE SPRING VALLE' AREA OF GARFIELD COUNTY WHICH IMPACTS•PORTIONS OF GARFIELD COUNTY ROAD 115 IS PREMATURE.' WHEREAS, the Board of County Comrnissioners.of Garfield County is authorized by the provisions of Section 5.01 of the Garfield 'County Subdivision Regulations to determine that lands in Garfield County which are the subject of subdivision proposals are prema-' ture for subdivision when growth patterns are of such form and physical shape that governmental inefficiencies, duplication of facilities and unnecessary public costs and financial burdens result from providing the extension of public services and public sun' facilities which cannon be acconplishied'in a planned,' ordered or efficient manner; and WHEREAS, this Board of County Commissioners has individually viewed the Spring Valli area and observed the condition of the County Road System which serves the Spring Valley area, including that portion of Garfield.Countylload 115, which is sometimes known as thr "Red Canyon Road", and has concluded that additional growth in the Spring Valley area is' likely to be of such form and physical shape that governmental inefficiencies and upnecei sary public costs and financial burdens will result from providing for the extension of public services and public support facilities. in a manner which cannot be acocmplished • in a planned, ordered or efficient manner due to the limitations of the Garfield County Road System'serving the area, and'specifically the "Red Canyon Road"; and WHEREAS, this Board of County Commissioners has determined that further growth in the Spring Valley area of Garfield County -will be of such form and physical shape that governmental inefficiencies and unnecessary publio costs and financial burdens will resul from providing for the extension -of public services and public support facilities, specs, fically, improvement of the County. Road System serving the Spring Valley area; and WHEREAS, the Board of County Commissioners of Garfield County desires to advise any persons. interested in the subdivision of the lands in the :spring Valley area 'of Garfield County that the Board has made the preliminary determination that division of land in the area, other than those projects already having County approval, will create impacts viol& tiie of the foregoing criteria established by the.Garfield County Subdivision Regulation; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield - County, Colorado, that any,persons proposing the division of land in the.Spring Valley area of Garfield County be advised by the.Garfield County Planning Department that the subdivision of such lands, whether by subdivision exemption or by.subdivision process, has been determined to be premature, unless such person or persons are able to deronstrat to the satisfaction of the Board 'that such division will not add traffic to that portion of County Road 115 known as the "Red Canyon Road", or otherwise impact the Garfield Count Road Systern•in the Spring Valley area. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO a eputy erk o %-tile Board Chairman Pro Tc.m J Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Aye Aye Eugene "Jim" Drinkhouse - STATE OF COLORADO • County of Garfield Commissioners I' County Clerk and ex -officio Clerk of the Boatd of County r ommisainnees In and for the County and State aforesaid do hereby certify that the annexed and foregoing Order Is truly copied from the Records of the Proceedings of the hoard of County Commissioners for said Garfield County. now In my office. 114 WIT1IESS WIIEREOF, I have hereunto set my (rand and "affixed the sial of said County, at Glenwood Springs, this day of , A. D. 19 County Clerk and ex.olfrcio Cl. ik of the Board of County Commissioners.