HomeMy WebLinkAbout2.0 Staff Report BOCC 08.01.05ri
Exhibits for Public Heming held on August 1,2005 - BOCC
Stainton Extmption - Agent: Sherry Caloia
Exhibit l*lter
(Ato D
Exhibit
A Mail Receipts
B Proof of Publication
C Garfreld County ZontngResolution of 1978, as amended
D Garfield County Subrtivision Regulations of 1984, as amended
E Garfield County Compressive Plan of 2000
F Staff Report dated 8- I -05
G Application for the Stainton Exemption
H Letter dated 7-14-2005 from Glenwood Springs Fire District
I Letter dated 7-8-2005 From Garfield County Road and Bridge Dept.
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PROJECT INFORMATION AIYD STAFF COMMENTS
BOCC &1{5
RW
Exemption from the Definition of SuMivision
Peter Stainton
Sherry Caloia CALOTA'HOLJPT&IIAMILTON
7434 County Road I 17 (Four Mile Road)
south of Glenwood Springs, directly east of
the Argonaut Farm
81.5 acre parcel (approximately)
Shared Wells
Individual Sewage Disposal System
CR 117 (Four Mile Road)
ARRD
ARRD
REOUEST
APPLICANT
REPRESENTATME
LOCATION
SITE DATA
WATER
SEWER
ACCESS
EXISTING ZONING
ADJACENT ZONING
1. DESCRIPTION OF TI{E PROPOSAL
The Site: The Subject Parcet is approximately 5.5 miles south of Glenwood Springs on
Four Mile Road directly east ofthe Argonaut Farm. Currently, there is one residence on
the property. Generally speaking the property is rather steep on the eastern portion.
Scattered throughout are flatter envelopes of land. There are two new wells on the site.
One well is within view of Four Mile Road, this well is on the northern portion of the
property. The other well is northeast of the existing residence. The property is heavily
vegetated with scrub oak and natural gfass. tpfr picrse is the residence, righr is typical vegetdtion
The Proposal: The applicant is proposing to divide the 81.5 acre parcel into 4 lots.
Proposed lot sizes are as follows: l,ot I : 25 acres,I-ot2: I 0 Acres, Lot 3: l0 acres, I-ot 4:
35 acres. The applicant wishes to deed reshict two lots allowing only one single-family
home. The other two lots will be deed restricted to one single family home and one
Accessory Dwelling Unit (AD[I) each. The applicant shall be aware the proposed
ADU's are not approved as part of this application. An ADU is approved through a
separate Special Use Permit.
RETf,RRAL COMMENTS
Staff referred the application to the following agencies / County Departments for
their review and comment. Comments received are attached as exhibits and
incorporated into the memorandum where applicable:
. Clty of Glenwood Springs: No Comments
o Glenwood Springs Fire District (Exhibit fD
o Garfield County Road and Bridge Departrnent: (Exhibit t)
o Garfield County Vegetation Management Deparfrnent No comments received
$8:40 SUBMITTAL MAPS AI\[D SUPPLEMENTAL INFORIVIATION
$8:42 The following zupplemental information regarding the proposed exemption
shall be filed with the application:
A. Copy ofthe deed showing ownership of the applicant, or a letter from the
property owner(s), if other than the applicant.
STAIT' COMMENT: Included with the Application
B. Names and addresses of owners of record of land immediately
adjoining and within two hundred feet (200') of the proposed
exemptiorl mineral owners and lessees of mineral owners of record
of the property to be exempted, and tenants of any structure
proposed for conversion.
STAXT'COMMENT: Included with the application. Owner ofthe parcel is
also the mineral rights owner.
C. Evidence of the soil types and characteristics of each type.
STAIT'COMMENT: Included with the application, soil types are: Arie-
Ansari Rock outcrop complex l2-5trlo slopes, Cochetopa-Antobus associated
with slopes 20-50Yo, Jerry-Millerlake loams l-6% slopes, Toriorttrents-
Camborthids-Rock outuop 6-65% slopes
D. Proof of legal and adequate source of domestic water for each lot created.
Proof of a legal supply shall be an approved zubstitute water supply plan
contact or augmentation plan, an approved well permit or legally
adjudicated domestic water source. Proof of physical supply for the
public meeting may be documentation from the Division of Water
Resources that demonshates that there are wells within 1/4 mile of the
site producing at least five (5) gallonJminute. Prior to the signing of a
plat, all physical water supplies shall demonstrate the following:
I . That a four (4) hour pump test be perforrred on the well to be used;
2. A well completion report demonstating the depth of the well, the
characteristics of the aquifer and the static water level;
3. The results of the four (a) hour pump test indicating the pumping
rate in gallons per minute and information showing drawdown and
recharge;
4. A written opinion of the person conducting the well test that this
well should be adequate to supply water to the number of proposed
lots;
5. An assumption of an average of no less than 3.5 people per
dwelling unit, using 100 gallons of water per person, per day;
6. If the well is to be shared, a legal, well sharing declaration which
discusses all easements and costs associated with the operation and
maintenance of the system and who will be responsible for paying
these costs and how assessments will be made for these costs;
7. The water quality be tested by an independent testing laboratory
and meet State guidelines concerning bacteria and nitrates. For
water zupplies based on the use of cistern, the tank shall be a
minimum of 1000 gallons.
STAFF COMMENT: Permits and well tests have been included with the
application. Well permits #45881 (Jackson Well 1), 263271(Jackson Well
2),263272 (Jackson Well 3). Jackson Well #l will serve lot 3 and the
existing house. Jackson Well #2 will serve lots I and 2. Jackson Well #3
will serve lot 4. Two well tests were submitted labeled'tpper" and "lower
well". It would appear these tests were for Jackson Wells 2 and3. Statrwil
need the applicant to reconcile this issue and submit a third well test.
D. Method of sewage disposal, and letter of approval of fire protection
plan from appropriate fue district;
STAXT'COMMENT: Sewage will be served by ISDS. Conceming fire
protectiorq the applicants have not submitted sufficient fire protection plans.
Please see letter from Glenwood Springs Fire District (Exhibit fD.
F. If connection to a community or municipal water or sewer system, is
propose{ a letter from the governing body stating a willingness md ability
to serve.
STAFF COMMENT: Some lots will share wells. A well sharing agreement
will need to be incorporated into the protective covenants. All other systems
will be private
G. Narrative explaining why exemption is being requested.
STAFF COMMENT: The applicant proposes to divide the parcel into 4 lots,
to keep one ofthe lots forhimselfand sell the othertwo. The intention ofthe
applicant is to protect the rural character of the Four Mile Road by providing
larger lots and decreasing the ability to over develop. Mr. Stainton proposes
to deed restict all the parcels to single family homes and allow two of the
four parcels to have ADU's
H. It shall be demonshated that the parcel existed, as described on January l,
1973, or the parcel, as it exists presenfly, is one (1) of not more than three
(3) parcels created from a larger parcel, as it existed on January l,1973;
and
STAFF COMMENT: Included with the application. The chain of title
evidencing the legal description on January l, 1973 matches the legal
description of the subject property for this application. Book and Page
numbers for the title chain are as follows: 288 - 568,415-28, 65-588.
I. School fees, taxes and special assessments have been paid.
(The school impact fee is $200.00 for each lot created).
STAIT' COMMENT: The applicant shall pay the appropriate fee prior to
platting of this exemption.
4. $8:50 REYIEW CRITERIA
$8:51 An application for exemption must satisff, at a minimum, all of the review
criteria listed in Section 8:52. Compliance with the review criteria, however,
does not ensure exemption. The Board may also consider the additional factors
listed in Section 8:60, and the applicability standard of Section 8:10, to
determine whether the exemption, in the Board's discretion, shall be approved
or denied.
$8:52 The Board shall not grant an exemption unless the division proposed for
exemption has satisfied the following criteria:
A. No more than a total of four (4) lots, parcels, interests or dwelling units
will be created from any parcel, as that parcel was described in the
records ofthe Garfield County Clerk and Recorder's Office onJanuary 1,
1973 .In order to quahfy for exemption, the parcel as it existed on January
1,1973, must have been larger than thirty five (35) acres in size at that
time and not part of a recorded suMivision; however, any parcel to be
divided by exemption that is split by a public right-of-way (State or
Federal Highway, County road or railroad), preventing joint use of the
proposed tracts and the division occurs along the public right-of-way,
such parcels thereby created may, in the discretion of the Board, not be
considered to have been created by exemption with regard to the four (4)
lot, parcel, interest or dwelling unit limitation otherwise applicable. For
the purposes of definition, all hacts of land thirty five (35) acres or
greater in size, created after January l,l973,will count as parcels of land
created by exemption since January 1,1973.
STAXT' COMMENT: Please see previous comments about the title chain.
This standard is met-
B. All Garfield County zoning requirements will be met;
STAFF COMMENT: The proposed lot sizes meet the minimum lot size for
the underlying zone. The proposed uses are allowed in the underlying zone.
The applicant will need to prove that each proposed lot will have a building
envelope of at least I acre with slopes less than 4UYo.T\e applicant shall be
aware of all zoning requirements. This standard is met
C. All lots created will have legal access to a public right-of-way and any
necessary access easements have been obtained or are in the process of
being obtained;
STAXT'COMMENT: All lots directly abut CR ll7. Please see Garfield
County Road and Bridge Comments (Exhibit D. The applicant shall acquire
any applicable access or driveway permits prior to isstrance of a building
permit. This standard is met.
D. Provision has been made for an adequate source of water in terms ofboth
the legal and physical quality, quantity and dependability, and a suitable
type of sewage disposal to serve each proposed lot;
STAFF COMMENT: Please see previous comments. The applicant will
need to correctly identift the submitted well tests and submit a third test
(assumed to be Jackson Well #l). This Standard is not met.
E. All state and local environmental health and safety requirements have
been met or are in the process of being met;
STAFF COMMENT: All requirements will be met by the applicant prior to
issuance of any building, grading, septic, or any other relevant permits. This
standard is met.
F. Provision has been made for any required road or storm drainage
improvements;
STAFF COMMENT: The applicant shall obtain any applicable access and
grading pennits prior issuance of a building permit for any road work to be
done. The applicant has not proposed any storm drainage improvements.
This standard is met.
G. Fire protection has been approved by the appropriate fue dishict and
impact fees are paid, based on a study of the fiscal impact on the district
by new subdivision development approved by the Board of County
Commissioners and Planning Commission.
STAIT' COMMENT: The applicant has not submitted an approved fire
protection plan. Prior to issuance of a building perrrit the applicant shall
submit an approved fire protection plan that has been approved by the
Glenwood Fire District. This standard is not met.
H. Any necessary drainage, irrigation or utility easements have been obtained
or are in the process of being obtained; and
STAIT'COMMENT: The applicant is in the process of platting all existing
easements as well as identi$ing any new ernements. This standard is met
I. School fees, taxes and special assessments have been paid.
STAIT' COMMENT: Please see previous comments. This applicant shall
pay $200.00 impact fee at the time of platting this exemption.
5. 8:60 ADDITIONAL CONSIDERATIONS
In the evaluation of each petition for exemption, and in addition to the review
criteria in Section 8:52, the Board shall consider the following:
A. General conformance with the Garfield County Comprehensive Plan;
STAFF COMMENT: The property is located within Study Area I which
designates the property as "Residential MH and M" on the proposed land use
designation map. This designation indicates residential development is
appropriate for this property at a density of I unit per 2 to 6 and 6 to I 0 acres
which is also consistent with the minimum lot size in the ARRD zone
district. As a result, the residential use, density, and suMivision design are all
consistent with and conform to the Comprehensive Plan. This standard is met
B. Compatibility of the proposed exemption with existing land uses in the
surrounding area;
STAFF COMMENT: The applicant has stated this exemption is being
created to protect the overall character of the Four Mile Road. The proposed
lot sizes and uses are compatible with surrounding uses. This standard is met
C. Recommendations of any municipality within rwo (2) miles of the
proposed exemption, or within three (3) miles, if the municipality has a
major strect plan;
STAIT' COMMENT: Due to the distance from the City of Glenwood
Springs, this requirement is not applicable.
D. Recommendations of any state or local agency or organizationwhose
opinion the Board determines is necessary or appropriate;
STAIT' COMMENT: Staff has received no recommendations
E. Suitability of soil, water, vegetation, geologic and topographic characteristics
of the land for the type of division proposed;
l. STAIT' COMMENT: Due to the type of soils on the subject property, staff is
recommending that all building foundations, requiring permits, shall be engineered by a
Professional Registered Engineer with the state of Colorado.
F. Number of lots and/or multiple-dwelling units created by the proposed
exemption;
STAIT'COMMENT: Four lots are being proposed with two ADU's. [n no way
shoutd the proposed ADU's be construed as approved through this exemption
application. This standard is met
G. Provision for open space within the proposed exemption;
STAITI COMMENT: The applicant is not proposing any open space. Due to
the General topography of the proposed exemption large portions ofland will not
be developable.
H. Proposed density and provisions for adequate off-street parking; and
STAFF COMMENT: The applicant shall provide adequate off-street parking
prior to issuance of a building permit. The existing residence has adequate off
street parking.
STATII RBCOMMENDATION AI\[D CONDITIONS OF APPROVAL
l. A plat of an approved or conditionally approved exemption shall be presented to the Board
for signature within 120 days of approval. The plat shall include a legal description of the
exempted property, and the County's Exemption Certificate, the County Surveyor's
July 14, 2005
To: Richard Wheeler, Senior Planner
Garfield County Building & Planning Department
108 8th Street
Suite 201
Glenwood Springs, CO 81601
From: Ronald L. Biggers
Fire Protection Analyst
Glenwood Springs Fire Department
101 West Stl' Street
Glenwood Springs, CO 81601
Dear Mr. Wheeler,
On June 22,2005I received a letter and information on the .Iackson Ranch, 117 County
Road, Glenwood Springs, CO from Sherry A. Caloia of Caloia, Houpt & Hamilton, P.C..
The letter was in reference to the subdivision exemption for the Jackson Ranch and
request we approve the water supply for fire protection at the Ranch. At that time I
reviewed this request and forward a copy of my comments to you and Ms. Coloia. To
date I have not received a reply from Ms. Coloia or the applicants addressing the fire
protection water supply, wildf,rre fuels mitigation, access road, issues etc.I raised in my
first review. This formal submittal does not address them either.
Before we can approve the fire protection water supply for the subdivision, a fire
protection water supply system needs to be designed and submitted to the Glenwood
Springs Fire Department for review and approval. The plan shall address the fbllowing:
Fire protection water supply:
o Amount of water storage planned for subdivision
o Layout of water distribution system
o Location of Fire hydrants
. Number and size of structures planned for each lot (the applicant gives the
number of residences but also mentions other out building may be built on each
lot)
Other items the applicants will need to address prior to getting fire department approval
for the subdivision are the following:
EXHIBIT
WEST 8TH STREET GLENWOOD SPRINGS. (IOLORADO 81601 970-384-(r.180
Access Roads:
o What are the location and size of access road/roads into and in subdivision? The
map with the application shows the one existing driveway that will serve parcels
3 and 4 andno access to parcels 1 and2.
Wildfire Hazard fuels:
o Some or all the lots may need to have wildfirehazard fuels mitigation plan
designed and submitted to the fire department for approval. Fire department
staff is available to access the site to determine if these plans are needed.
Installing automatic fire suppression systems in buildings:
o An automatic fire suppression system will be required in all new building 1,000
square feet or larger constructed in the subdivision. By installing these systems
the amount of external water storage for fire suppression can be reduced.
If you have questions, please contact me.
IOI WEST 8TH STREET CLENWOOD SPRINGS, COLORADO 8I60I 970-384-6480 FAX 970-945-8506
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: July 8,2005
Comments Due: July 2712005
Name of application: Jackson Exemption
Sentto: GarfieldCo@
ect. Please notiff the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: Richard Wheeler
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Dept. has no objections with this
exemotion with the followins requests.
A 30-foot easement along Cr. 117 the entire lenelth of the property will be deeded to
Garfield Countv. All fences. structures. trees and brush encumbering the 30-foot
easement will be removed back to the new ROW at the sub dividers expense prior to final
platt.
A driveway permit will issued upon final approval by the BOCC with conditions specific
to the driveway. A stop sien will be required at the entrance of the driveway to Cr. 117.
The stop sign and installation will be as required in the MUTCD (Manual on Uniform
Traffrc Control Devices). This condition will be required for all entrances to Cr. I17.
Name of review agency: Garfield County Road and Bridge Dept
By:Jake B. Mall Dpte _July 21. 2005
EXHIBIT
..
.I.ooa
Revised 3/30lOO
Jul 28 2005 4:54PM No,7322 Y ti ,t
Susan W. Snyder, P.C.
: ' 'r ''t
Telephone: (970) 963-9001
Fax: (970) 963-6940
E-il ai I : snyde r@rof . net
Attorney at Law
P"O. Box 777
693 Main Strcat
Carbondale, Colorado 8t 623
July 28, 2005
Garfield Gounty Boarct of County Commissioners
Attn: Richard Wheeler, Building and Planning Department
108 8'h Street, Suite 201
Glenwood Springs, CO 81601
By Fax: 384-3470 and Regular Mail
Re: Stainton Subdivision Exemption Application
Dear Board:
! have recently been retained by tho Oak Meadows Homeowners'Association to
represent them. ln the last couple of days the Homoownors' Association became aware
of the Stainton Subdivision Exemption.
- - ; -'l ulder-stan{lhat the h.egling 9.n lhis sUMivisiosp(F-Eption application will be during""
the afternoon bf August 1'', 2005, and that the hearing may be continued to address
unanswered issues. I am leaving today and will be out of state until August 8rh. Thus, the
Homeowners'Association has asked that I prepare a brief letter to raise some of their "
concerns regarding water supply, as well as fire protection for this application.
Oak Meadows Homeowners'Association is not necessarily opposed to the new
proposed development but would like more investigation by the County and more
information for tho Homeowners' AssociaUon regarding potential injury to the existing water
rights of Oak Meadows homeowners.
I understand that the applacant had one existing well on the subject property and
has, in May 2005, placed two new wells on the property. Those new wells are in close
proximity to the Oak Meadows Four Mile Creek Well, No. 1 , which is a water source for the
existing Oak Meadows Subdivision, Filing Nos. 3 and 4.
It appoars that along with household water usage, the applicant is requesting
approval for irrigation of significant areas of lawn and garden, as well as the watering for
domestic animals. The Homeowners'Association is concerned that these new wells may
have a cumulative negative effect on the existing water supply. Perhaps the applicant
could perform an engineering study and monitor the level of water usage for the property
to demonstrate that there will be no material injury to the Oak Meadows homeowners'
EXHIBIT
.Jul 28 2005 4:54PM lrln'71f1 D 1/1t!u, tuaL I . ot n
water supply.
The Oak Meadows Homeowners'Association would like fire proteclion to be
addressed by the applicant and would lke the opportunity to review and comment on any
proposed fire protection plan, Finally, the Association would like the opportunity to meet
with the applicant to inquire as to the anticipated level of water usago and otheipotential
plans. Thus, the Oak Meadows Homeowners'Association would like this mattercontinued
beyond the August l"rhearing and would request that you do so.
Thank you for your attention to these concerns..'
Very truly yours,
SUSAN W. SNYDER, P.C.
SWS:bw
cc: Oak Meadows Homeowners' A.ssociation
' Jur 28 2005 -
Hkuu,lHv$IE No 7322 P 1/3
---
.iul 2 I 2005
r*.*r. ,., . ,ftrsan W. SnYder, P.G-
iluirurruC & Ptr\ili\tNG Attorney at Law
P.O. Box 777 Tetephone: (grO) ,Ur,-n*,
693 Matn Stlieot Fax: (970) 963-6940
Carbondale, Cdomdo 81623 E-Mall: snydat@rof.net
FA)( COVEn Srierr
DATE: 7128105TO: Garfield County Board of County Comrnissioners FAX #: 384-3470
Attn: Richard Wheolor, Building and Planning Dopartmont
FROM: Susan Snyder No. of pages including cover sheet: 3
RE: StaintonSubdivisionExemption
COMMENTS: Dear Richard, Pleaso see attached letter, Thanks, Susan Snyder.
ORIGINAL DOCUMENTS WILL: X Follow by regular mail
Notbe:Bent
:- a*J . - - j,'^-. -r:. .. --. ,.. -.-'-*'.."'-'].--:,,:.';."'-
Please notify us immediately if this fax transmission is not received properly.
This FAX is confidential and attamey-client pivileged, and is intended only for the use of
fheaddressee. The use, disfnbution, orcopyingof thisdocumentbyanyoneotherthanthe
addressee is prohibited- lf you have received this FN( in etror, please notify us
immediatelyby telephone and retum the originalfax by mail to the address on lDis cover
sfieeL Thankyou.
RESTRICTIVE COVENANTS AND
WELL SHARING AGREEMENT
THIS DECLARATION OF COVENANTS, WELL SHARING AGREEMENT ANd
ROAD SGHARING AGREEMENT is made this _ day of August, 2005, by Peter Stainton the
owner of the property (referred to herein as "Owner").
WITNESSETH:
WHEREAS, Owners owns title to the real property described on the attached Exhibit A
which has been divided into four Parcels called the Stainton Subdivision Exemption described at
Book Page _ Reception no.Garfield County Clerk and Recorder; and
WHEREAS, the Parcels are designated as Parcels I through 4; and
WHEREAS, there are two new wells and one existing Jackson well located within the
subdivision to be used for the four Parcels and a sharing agreement is necessary; and
WHEREAS there is one shared driveway for Parcels 3 and 4; and
WHEREAS, establishment of a home owners association and setting forth these
covenants are necessary to ensure the proper use and care of said Parcels, improvements
constructed thereon and use thereof by subsequent Parcel Owners.
NOW, THEREFORE, the parties hereby declares that the Property and Well subject to
the following restrictions, covenants and conditions, which shall be binding upon all parties
having any right, title or interest in the Property, or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
These Covenants shall run with and burden the land described in Exhibit A and referred
to herein as the Stainton Subdivision Exemption, and shall be binding upon all persons or entities
having any right, title or interest in all or any portion of the Parcels therein, including Declarants,
their successors, assigns, descendants, tenants, employees, guests and invitees. These Covenants
shall inure to and are imposed for the benefit of all present and future owners of the Stainton
Parcels 1 through 4 and for the benefit of the property located directly west in Section 22 and
across County Road 117, which property is now owned by VHS limited Partnership LLLP
(Hereafter "VHS property").
I. WELL SHARING AGREEMENT
APPLIES TO ALL PARCELS
1. Potable Water Supply. Each Parcel Owner of the Parcels on the property shall
be entitled to use the Wells as specified herein, in the manner as allowed pursuant to the Well
Permits as follows:
EXHIBITIKStainton-Covenants
Stainton Jackson Exemption
Covenants
Page 3
5. Repair of Water System. In the event that any maintenance, repair replacement
or improvement necessa.ry to continue potable or irrigation water service cannot be agreed upon
and is thus not performed in a timely manner then any co-owner of the well shall be entitled to
undertake any maintenance, repair, replacement or improvement necessary and essential to allow
continued water service. In the event that any owner decides to undertake any such work absent
the consent of any other party, he or she shall notify the other party in writing. The party
undertaking the work shall, upon completion, provide the other parties with a written statement
of the work performed including all receipts for work performed and an allocation of each other
party's share of the costs. In the event that emergency repairs are required, before undertaking
any such work each party will attempt to contact the other parties by phone prior to incurring any
expenses for such repairs. Bills for emergency repairs shall be allocated among the parties in the
manner set forth below for payment ofjoint expenses.
6. In-house uses preferredl no waste. In-house use of water from the Well shall
take precedence over use of water for irrigation or domestic animals. In the event of a shortage,
all parties shall cooperate and shall reduce their uses accordingly to conserve water. No party
shall be entitled to waste water, and each owner shall exercise prudence and conservation in the
use of water in order to allow for the efficient and beneficial use of the Well.
7. Operation and Maintenance Expenses. The parties served by the Well shall
each pay their pro-rata amount of the costs of maintenance, operation, electricity, repair, and
replacement of the well, pump(s) and appurtenant facilities, and the costs of common water lines
or other common water facilities. To the extent practicable, the use of electricity shall be
monitored via a separate meter or an "hour meter" to be attached to the electrical line to the well
pump. Such meter will allow records to be kept of electrical consumption each year. If any
Parcel is not hooked onto the Well, the owner(s) of such property shall not be obligated to
contribute toward operation expenses. If any Parcel is hooked on but has not yet commenced
service, no electricity costs shall be assessed against that party. In addition, the owner(s) of each
individual property shall be exclusively responsible for the costs of installation, operation, repair
or replacement of any facilities used solely by that property, including individual service lines
and any individual storage tanks. If a separate hour meter is not connected to the well to measure
the electricity usage then each co-owner shall pay for the cost of electricity estimating the annual
costs based upon the previous years electrical costs for the well. The party who is not connected to
the electrical meter for the well his share of the electricity on a bi-annual basis to the party who is
responsible for the payrnent of electricity for the well pump. Such amount shall be paid in June and
December of each year.
8. Collection of Joint Expenses. Any party who incurs expenses associated with
the well that are to be shared with the other parties shall levy and collect from each property
owner his or her share of common expenses for the Well, electricity, maintenance and repair
expenses, or other common expenses within fifteen (15) days from the time at which a written
statement of expenses is presented for payment by the party who incurred said expenses. In the
event that any party fails to pay his or her share of common expenses within thirty (30) days of
presentment of a statement, interest on the unpaid amount shall accrue at the rate of eighteen
percent (18%) per annum, beginning thirty (30) days after presentment. In the event that any
Stainton-Covenants
Stainton Jackson Exemption
Covenants
Page 5
of Section 7-30-105 C.R.S. 1973 as amended (Unincorporated Associations of Property Owners)
and shall not be subject to the provisions of the Colorado Common Interest Ownership Act
unless such is required by the specific provisions ofsaid act.
2. Residential use. The Parcels are intended to be developed for residential
purposes only with all structures designed to blend into and complement the natural
surroundings.
3. Buildings Allowed No more than one (1) detached single-family dwelling and
one (1) Additional dwelling unit shall be erected upon each of Parcels I and 4, except for
accessory buildings and structures such as, but not limited to, barns, sheds and garages. Parcels
2 and 3 shall have no more than one single family residence and accessory out buildings and
structures such as barns, garages and sheds. Parcels 1 and 4 may be required to obtain the
approval of Garfield County before a second residential unit is allowed on such Parcels.
4. Commercial Uses Forbidden No building or structure intended for or adapted to
commercial, or manufacturing purposes shall be erected, constructed, placed, maintained or
permitted on any Parcel, other than for use as a home occupation as allowed herein and by the
County Resolutions.
5. Home Occupations. Home occupations or home businesses which comply with
Garfield County regulations shall be allowed. However, such home occupations shall be limited
to the following restrictions: (1) only those persons living on the property and one additional
person shall be allowed to work in the home business on the property; (2) no substantial
additional traffic shall be generated (assuming that one single family residence generates ten car
trips per day a substantial increase is defined as more than a 50Yo increase on the average) (3) no
additional noise shall be generated which affects neighboring Parcels; and (4) all machinery,
equipment, materials and other business items shall be stored away from view in a either a
screened area or parked such that it is not visible from the neighboring Parcels or from the VHS
property across the County Road 117.
6. Building Envelope. All structures of any kind erected, constructed or placed
on any Parcel shall be located completely within the boundaries of the building envelope, if any,
designated for such Parcel as described and depicted on Exhibit A attached hereto. Compliance
with this condition shall include open porches, garages, carports and an Additional Dwelling
unit (ADU).
7. Buildings not allowed. No structure shall be placed or erected and occupied for
residential or caretaker use upon any Parcel which is, ever has been, or could be made the subject
of a specific ownership tax as now defined in Title 42 of the Colorado Revised Statutes, nor shall
structures constructed in the fashion and manner as mobile homes be permitted on any Parcel.
8. Minimum Size. The minimum size of any primary residential structure erected on
a Parcel shall be not less than one thousand two hundred (1,200) square feet measured on the
outside foundation walls, exclusive of open porches, garages, and carports.
Stainton-Covenants
Stainton Jackson Exemption
Covenants
Page 7
16. Nuisances No noxious or offensive conduct or activity shall be carried on upon
any Parcel or in any structure thereon which may constitute a health hazard, nuisance or
annoyance to proximate Parcel owners and inhabitants.
17. Screening requirement All unsightly structures, facilities, equipment, objects
and conditions shall be enclosed within a screened area, including snow removal equipment,
garden and maintenance equipment, except when in actual use.
18. Commercial Vehicles No tractor-trailer, industrial or commercial vehicle,
disabled, junk, unregistered or abandoned vehicles shall be parked or stored in, on or about any
Parcel, except within a completely enclosed structure or screened area, or in an area that is not
readily visible to the neighboring Parcels or to the neighboring property owned by VHS for a
period longer than 120 days.
19. Recreational Vehicles All boats, campers (on or off supporting vehicles),
recreational trailers, snowmobiles, ATV or other recreational equipment shall be stored on any
Parcel within a screened area or within an area that is not visible to the other Parcels or visible to
the neighboring property owned by VHS. This requirement shall not apply to the parking of such
machines during those recreational seasons that such vehicles are in use
20. Enforcement. The owner of any Parcel or Parcels within Jackson Subdivision, or
any portion thereof, and the owner of the VHS property shall have the right to prosecute any
action for injunctive relief and for damages by reason of any violation or threatened violation of
these Covenants. The prevailing party in any such action shall be entitled to an award of its
reasonable costs and attorneys' fees, which shall be deemed to have accrued on the
commencement of such action and shall be enforceable whether such action is prosecuted to
judgment or not.
2I. Public Rights of Way. Nothing in these Covenants shall be construed or deemed
to be a gift or dedication of any Parcel, portion of a Parcel, or private roadway for any public use
whatsoever. There is no right of any person to make any use whatsoever of the private roadway
described and depicted on Exhibit A, other than as provided in the Declaration of Covenants.
22. Amendment. These Covenants may not be modified, amended, rescinded,
cancelled or terminated, in whole or in part, except upon the written consent of three of the
Parcel owners in the Jackson Exemption Subdivision and the owner of the VHS property with
respect to paragraphs 2 through 24 of Section III only. With respect to those provisions which
apply only to numbered parcels amendments may be made with the consent of all of the parcel
owners affected enumerated herein. Such consent shall not be unreasonably withheld by any
owner and shall be set forth in a written instrument recorded in the office of the Clerk and
Recorder for Garfield County, Colorado.
23. Term. Unless otherwise cancelled and/or terminated in accordance with the terms
of these Covenants, these Covenants and any amendments hereto, shall remain in effect in
perpetuity.
Stainton-Covenants