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Home My WebLink About2.1 Planning Commission Meeting MinutesPLAI{NING COMI.ISSION MEETING I,lINUTES April 10, 1991 MEMBERS PRESENT Stephanie BeermanHarold ShaefferDick Stephenson Gregg Velasquez COUNTY STAFF PRESENTDon DeFord, County Attorney Mark Bean, Director Regulatory Offices & PersonnelAndrew McGregor, Planner The meeting was called to order. RolI CaIl was taken with patFitzgerald, Peter Nichols and philip vaughan absent. The Approvalof Minutes was moved to Item #5. Goo-sg Crqek Subdivision Preliminary PIan - Kent Jones, priscillaProhl and Vince Gulino. Don DePord determined proper noticing. Andrew McGregor summarized the project, which is to subdivide thesite into five (5) lots ranging in size from 7.67 acres to 13.02acres in size. The overall density would be one residence per10.25 acres. {"lt Jones presented an 1888 road map. I.{r. Jones stated that hefelt that the access road to his tana is a ,'county Road". DonDeFord related the conversations with Mr. Hartert ana Ur. Kerst.The map did not ?PPear to be consistent with any County Road maps.There is a deed from Mr. Hartert to Mr. Burnford-, in wh-ich there-isan easement conveyed with the deed to county Road 100. Theeasement that Ur. Hartert was speaking of is in easement to theroad. The Planning Commission, legallyl is not entitled to declarethis to be a County Road, according to-Mr. DeFord. Kent Jones suggested a "Local Improvement District" to improve theroad. Mr. .fbnes felt that there is no need for a HomeownersAssociation and that there should be only restrictive covenants. Dan Kerst, attorney for the surrounding property owners, fert thatthe 1888 County__Road -map cannot be tlie- same rbad thaL was beingdiscussed. I{r. Kerst had a title insurance commitment that did nofgive-anl indication of an easement. The deed, by which Mr. Gulinoreceived title of the property, refers to a 50 foot wide easement.rf the road is a prescriptive pubric use, that would be the mostexpansive use there is evidence of unless somebody can tie down thecounty Road map of 1888 as estabrishing it as a county Road. rfits -a prescriptive use, you cannot go beyond the width of thatroadway. Len Truesdaler- -€lD adJacent homeowner, was disappointed that thereIas nothing addressing s-tormwater runoff . He ivis also upset thatMr. Jones hadn't approached him about the improvement of t,he road,and he felt that he shouLdn,t have to pay- to improve the roadbecause of Mr. Jones' development. Mr, Truesdate ias bothered bythe comment that Mr. Jones made about there should not be anirestrictions on further subdivision of the lots. Gary Carmichael, an adjacent homeowner, asked if there was somesort of bond bei_ng placed to make sure that these improvements thatare to be incruded on the Einal prat actuarry- happen. Mr.carmichael also agreed with the staff,s recorfmenaition on aHomeowner's Association, and he was disappointed with the lack ofrespect for the rural setting. Lisa Carmichael, an adjacent homeowner, was concerned with the factthat this development will double the traffic volume on the roadand they will have to culvert the whole area to widen the road. lerry Robbinsr ElrI adJacent homeowner, felt that because of thedevelopment, the wildlife will leave tire area. AII of the ditchesflow east to west right past the Carbondale we1ls on her property,and the water can be polluted easily. DaIe Eubanksr Err adjacent homeowner, just wanted to 1et everyoneknow that he was there and is a concer-ned neighbor. Mark Chain, Carbondale Town Planner, was very concerned about thewater future of Carbondale. The Town of CarLondale would like tobe a beneficiary to the covenants regarding wastewater disposalsystems. Len Truesdale asked if the Department of Wildlife requested aneasement to t-h-" Roaring Fork River. Mr. Truesdale rejected theidea of a public easemeht on private land. Mr. Jones has not agreed to a public easement. He did not approachhis neighbors about the road because he wanted to see tiow TheCommission was going to find the whole situation. Mr. Jones feltthat aII of the neighbors should join the Homeowner,s Association. A!, this point, the chairman crosed the pubric hearing portion ofthe meeting. Dick Stephenson had no problem with the subdivision, but he didhave a concern about the 1egal easements. 9t"gg Velasquez asked if a County Road had been abandoned by theCounty, would there still be a iecord. Mr. DeFord answered notalways. Harold Shaeffer felt that the road is a public road now because ofthe sign for the stables. stephanie Beerman stated that there are difficulties withand feers that the access issue shourd be resolved beforerecommendation. the road making a Harord shaeffer asked if th_ey need to prove that it is a regalaccess. Mr- DeFord responded that they need a declaration by corirtto approve lega1 access. MOTION Dick- Stephenson Moved to table the matter until access has beenIgqaIIV dgf ined bw a cortrt .rf I ar.r rrnn FtaFard aanman{-azl +r^6+legaIIregarry oerinect by a court of law. Don DeFord commented that(1) this type of legal matter would take between 5 to 18 months to fined by a court of raw. Don DeFord commented that(1) this type of legal matter would take between 5 to 18 months tosolve in courtl (_21 under Robert's Rules, you cannot table a matterfor time indefinite, it must be to a cert-ain data anrt ,?r rha *rlaa,i" a"[" -i"a-tS) the rutesAS +l^^ ht --- ! - -of the Pranning commission under 4.22 seem to rimit theconsideration of a Preliminary -PIan to two meetings, this meetingand the next regularly schedulEd meeting. Mr. Step[renson rescindedhis motion. ?19k Stephenson Moved for Ap_proval of all recommendations except#15. Motion died for lack df- second. Harold Shaeffer felt that the road to the subdivision should beupgraded to meet-the county standards. Gregg velasquez asked if amotion was made for approvJl could they put -as a condition proor oi Iegal access to the County Commissioners property must be provided to the Board ofbefore Final Plat. Don DeFord responded thatopen, because the word "proof ,' needs to beit leaves the motiondefined. Dick Stephenson Moved to Reopen the Public Hearing and continue itto the next regurarly schedured meeting on May B, 1991. GreggVelasquez seconded the motion. Motion carried with a unanimous vote. Zgne Distfict Text Amendment - Mark Bean was the representative fors v.te yre e! !v e r sA l, .clrlltltrJlllctl L - lvlcl.f' Jt .lthe Board of County Commissioners.which rras to add language to the"contractor,s yard". Stephanie Beerman questioned whether the ten pieces of operable orinoperable equipment lras actually 20 pieces total. ffark Beanresponded that it is ten pieces total. !1s. Beerman was botheredwith_l-0 p.m. as being the end of normal working hours outdoors.She felt that 8 p-.m. was more reasonable. Ms. Beerman questioned#8 about the trailer and storage trailers and if it is meant to benon-residential. Mr. Bean responded that yes it is meant to benon-residential and the words "non-residentill trailers" should beincorporated into #8. Jon Jurius, who lives south of sirt on c.R. 326 adjacent to theFri-ck property, fert that he and his famiry have been cheated,because-they went eight miles out of town to get peace and quieiand their neighbor, Jerry Frick, now has a contractor,s yard.- Diane Davis, also lives near Silt, said that after everything \,vaasaid at the Board of County Commissioners meeting, I.{r. frict stiffhas the company and even more equipment. Dick_Stephenson felt that someone who wants a "contractor,s yard,,'should go and buy industriar or commerciarly zoned property. Gregg V_elasquez made a motion to recommend Disapproval of theproposal because it should be done along with the Zoning Resolutionand the- comprehensive plan and that it is inappropr-iate in theproposed zone districts and needs further considera-tion. HaroldShaeffer seconded the motion. Motion passed unanimously. Approval of Minutes He summarized the proJect,Zoning Resolution about March 13r 1991February 13, 1991January 9, 1991 December L2, 1991 October 8, 1990 September L2, 1990 Other Business There was a brief discussionWork Sessions to update the Bob Cutter noted Augmentation plan, notthe August Plan. !ick- Stephenson moved to approve aII minutes with corrections.Stephanie Beerman secondea tne motion. Motion passed unanimously. about the upcoming planning CommissionComprehensive PIan.