fairway pines estates architectural review committee · 2015. 9. 8. · official county records on...
TRANSCRIPT
ARCHITECTURAL
STANDARDS
Fairway Pines Estates Owners Association
Effective September 8, 2015.
All Owners should understand that the Standards may be amended from time to time. The philosophy of
the ARC is that the Standards will continue to evolve as we continue to review new designs and evaluate
the actual implementation of the Standards. The ARC suggests that all lot Owners review the Standards
even if you do not intend to build your home in the near future and send your comments and questions to
the committee. Our intent is to initiate a discussion of the Standards and respond to your comments.
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Table of Contents
SECTION I -- DEFINITIONS ......................................................................................................................................................................... 1
SECTION II -- INTRODUCTION .................................................................................................................................................................. 3
SECTION III -- GOVERNING REGULATIONS .......................................................................................................................................... 5
SECTION IV -- DESIGN THEME .................................................................................................................................................................. 6
SECTION V -- DESIGN REVIEW PROCESS .............................................................................................................................................. 7
1. CONCEPTUAL PLAN REVIEW .......................................................................................................................................................................................... 7 2. PRELIMINARY PLAN ........................................................................................................................................................................................................ 8
a. Site Plan ............................................................................................................................................................................................................. 8 b. Building Plan .................................................................................................................................................................................................... 8 c. Staked Lot to Include .................................................................................................................................................................................... 8
3. FINAL PLAN ...................................................................................................................................................................................................................... 9 a. Landscape Plans ............................................................................................................................................................................................. 9 b. Building Plans .................................................................................................................................................................................................. 9 c. Color Coordination/Materials ................................................................................................................................................................... 9 d. Changes from Approved Plans .................................................................................................................................................................. 9
4. CONSTRUCTION CONFORMANCE REVIEW .................................................................................................................................................................... 9 5. TIME LINE ...................................................................................................................................................................................................................... 10
SECTION VI -- VARIANCES FROM THESE STANDARDS AND COVENANTS ............................................................................. 12
SECTION VII -- NOTICE TO ADJACENT PROPERTY OWNERS ...................................................................................................... 13
SECTION VIII -- RIGHT OF OWNER OF ADJACENT PROPERTY TO APPEAL ........................................................................... 14
SECTION IX -- FINANCIAL RESPONSIBILITY ..................................................................................................................................... 15
SECTION X -- FINES ................................................................................................................................................................................... 16
SECTION XI -- DEPOSITS AND FEES ..................................................................................................................................................... 17
SECTION XII -- SITE PLANNING ............................................................................................................................................................. 18
1. BUILDING SITING MINIMUM LIVING SPACE AND MAXIMUM BUILDING FOOTPRINT ........................................................................................ 18 2. BUILDING SETBACKS .................................................................................................................................................................................................... 18 3. UTILITY EASEMENTS .................................................................................................................................................................................................... 19 4. GRADING......................................................................................................................................................................................................................... 19 5. SOILS TEST AND TOPOGRAPHIC SURVEY .................................................................................................................................................................. 19 6. DRIVEWAYS.................................................................................................................................................................................................................... 19 7. PARKING. ........................................................................................................................................................................................................................ 20 8. STORAGE AREAS............................................................................................................................................................................................................ 20 9. UTILITIES ....................................................................................................................................................................................................................... 20
SECTION XIII -- ARCHITECTURAL REQUIREMENTS ...................................................................................................................... 21
1. EXTERIOR BUILDING MATERIALS AND COLORS GENERALLY ................................................................................................................................ 21 2. BUILDING HEIGHT ........................................................................................................................................................................................................ 21 3. BUILDING FORM, MASSING AND ARCHITECTURAL EXPRESSION .......................................................................................................................... 21 4. ROOFS ............................................................................................................................................................................................................................. 21 5. EXTERIOR WALLS ......................................................................................................................................................................................................... 22
a. Log ..................................................................................................................................................................................................................... 22 b. Wood Siding................................................................................................................................................................................................... 22 c. Stone ................................................................................................................................................................................................................. 23 d. Stucco. .............................................................................................................................................................................................................. 23
6. CHIMNEY AND FLUES ................................................................................................................................................................................................... 23 7. WINDOWS ...................................................................................................................................................................................................................... 24 8. DOORS ............................................................................................................................................................................................................................. 24 9. GARAGE DOORS ............................................................................................................................................................................................................. 24 10. GARAGES ...................................................................................................................................................................................................................... 24
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12. EXTERIOR MECHANICAL EQUIPMENT, INCLUDING ENERGY CONSERVATION DEVICES .................................................................................. 25 13. PROPANE TANKS ........................................................................................................................................................................................................ 25
SECTION XIV -- LANDSCAPING .............................................................................................................................................................. 26
1. PLANNING ...................................................................................................................................................................................................................... 26 2. AESTHETIC CONSIDERATIONS .................................................................................................................................................................................... 26 3. LANDSCAPING AND PLANT MATERIALS .................................................................................................................................................................... 26 4. TOPSOIL .......................................................................................................................................................................................................................... 26 5. SEEDING ......................................................................................................................................................................................................................... 26 6. PERENNIAL WILD FLOWERS AND GROUNDCOVERS ................................................................................................................................................ 27 7. REVEGETATION ............................................................................................................................................................................................................. 27 8. IDENTIFICATION MARKER ........................................................................................................................................................................................... 27 9. EXTERIOR LIGHTING .................................................................................................................................................................................................... 27 10. FENCES ......................................................................................................................................................................................................................... 27 11. POST-CONSTRUCTION TREE AND PROPERTY PROTECTION ............................................................................................................................... 27
SECTION XV -- CONSTRUCTION REGULATIONS .............................................................................................................................. 29
1. PERMITS ......................................................................................................................................................................................................................... 29 2. CONSTRUCTION STAGING AREAS ............................................................................................................................................................................... 29 3. TREE AND PROPERTY PROTECTION........................................................................................................................................................................... 29 4. SLASH DISPOSAL ........................................................................................................................................................................................................... 29 5. NOISE AND HOURS ........................................................................................................................................................................................................ 29 6. CONSTRUCTION SIGNS.................................................................................................................................................................................................. 29 7. TRASH ............................................................................................................................................................................................................................. 30 8. CLEAN UP ....................................................................................................................................................................................................................... 30 9. PROHIBITED PRACTICES .............................................................................................................................................................................................. 30 10. CONTRACTOR/SUBCONTRACTOR EMPLOYEE BEHAVIOR. SPEEDING AND LITTERING BY CONSTRUCTION EMPLOYEES WITHIN THE
SUBDIVISION ....................................................................................................................................................................................................................... 30 11. GENERAL PRACTICES ................................................................................................................................................................................................. 30
SECTION XVI -- MISCELLANEOUS ......................................................................................................................................................... 32
1. SALE OF IMPROVED PROPERTY, COMPLIANCE WITH STANDARDS ....................................................................................................................... 32 2. REAL ESTATE SIGN ....................................................................................................................................................................................................... 32
a. Undeveloped residential lots ................................................................................................................................................................... 32 b. Residences ...................................................................................................................................................................................................... 32 c. Commercial Properties.............................................................................................................................................................................. 32
3. FIRE HAZARDS ............................................................................................................................................................................................................... 32
APPENDIX 1: VIEW PROTECTION ........................................................................................................................................................ 33
APPENDIX 2: DRIVEWAY CULVERTS .................................................................................................................................................. 36
APPENDIX 3: HEIGHT RESTRICTIONS................................................................................................................................................ 39
APPENDIX 4: EXTERIOR BUILDING DESIGN .................................................................................................................................... 42
APPENDIX 5: STONE VARIANCES ......................................................................................................................................................... 44
APPENDIX 6: IDENTIFICATION (ADDRESS) MARKERS ................................................................................................................ 45
APPENDIX 7: INITIAL APPLICATION .................................................................................................................................................. 46
APPENDIX 8: PRELIMINARY PLAN REVIEW .................................................................................................................................... 48
APPENDIX 9: FINAL PLAN REVIEW ..................................................................................................................................................... 49
APPENDIX 10: CONTRACTOR’S CHECKLIST -- CONSTRUCTION RULES AND REQUIREMENTS ...................................... 50
APPENDIX 11: APPLICATION FOR BLASTING PERMIT ................................................................................................................ 52
APPENDIX 12: SITE INSPECTION REPORT ....................................................................................................................................... 53
APPENDIX 13: LIBERTY BELLE (VILLAGE 3), SPECIAL DESIGN REQUIREMENTS .............................................................. 54
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APPENDIX 14: SCHEDULE OF FEES, DEPOSITS, & FINES ............................................................................................................. 59
APPENDIX 15: APPROVED LOT IDENTIFICATION SIGNS ............................................................................................................ 60
APPENDIX 16: SPECIAL REQUIREMENTS APPLYING TO CLUSTER AND COMMERCIAL LOTS ........................................ 61
APPENDIX 17: VARIANCE CRITERIA FOR TREE REMOVAL ........................................................................................................ 63
INDEX ............................................................................................................................................................................................................. 65
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Section I -- Definitions
1. “Applicant” is the person applying for or requesting ARC approval. The Applicant may be
an Owner or an agent or representative of the Owner. The Owner shall provide written
authorization for an individual to act in his or her behalf. Such agency or representation
shall not relieve the Owner of any obligations contained in these standards or imposed by
the ARC.
2. “Architectural Review Committee” (ARC) or “Committee” is the committee appointed by
the Board pursuant to Article IV of the Declaration of Covenants and Article IX of the
Bylaws. The Committee’s roles and processes are described in these Standards as well as
the Committee Charter and Association Policies and Procedures that shall be available for
member review on the Association website.
3. “Association” shall mean and refer to the Fairway Pines Estates Owners Association, Inc., a
Colorado non-profit corporation, its successors and assigns. While parts of the Subdivision
may be identified as Divide Ranch and Club; if they are part of the Fairway Pines
Subdivision they are subject to the Association and to these Standards.
4. “Certificate of Conformance” is a certificate issued by the ARC that indicates that a
constructed building and the completed landscaping conform to the Design Regulations and
the plans approved by the ARC.
5. “Cluster Lots” are defined in CCR&Es, Article I, Section 9.
6. “Core Area” consists of Commercial Lots CV-101, 102, 103, and Fairway Pines Estates
Villages 1, 2, 3, 4, 5, and 6 as described in the Preliminary Development Plan recorded in the
official county records on April 29, 1999, at Reception No. 169504.
7. “Covenants and Rules Committee (CRC)” is the committee charged by the Board with
reviewing and commenting on revisions to Association policies, procedures, and rules,
including these Architectural Standards.
8. “Declarant.” The definition of “Declarant” is provided in Article I of the CCR&Es.
9. “Declaration of Covenants” or “Covenants” or CCR&Es shall mean the Declaration of
Covenants, Conditions, Restrictions and Easements for the Fairway Pines Estates Owners
Association, also known as the CCR&Es.
10. “Final Plan Approval” is a certificate issued by the ARC that indicates the design of a
building and associated landscaping has been reviewed by the ARC and conforms to the
Architectural Regulations. Final Plan Approval must be received from the ARC prior to
commencement of any site work including, but not limited to, tree removal and excavation.
11. “Liberty Belle Village” consists of the V-300 series single family lots located within the Core
Area in Filing 3 Fairway Pines Estates, which act as a transition between multi-family lots of
the Core Area and the single family lots outside of the Core Area. They are subject to “Special
Design Requirements” attached hereto as Appendix 13.
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12. “Lot” shall mean and refer to any residential, cluster or commercial plot of land shown
upon the PUD map of the Properties whether or not all phases and filings have received
final plat approval.
13. “Owner” shall mean and refer to the recorded 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 Declarant and those having such interest merely as security for the
performance of an obligation. For purposes herein, the Owner may act through Owner’s
agent provided that such agent is authorized in writing to act in such capacity.
14. ”Professional Architect” is an architect licensed by the State of Colorado.
15. “Qualified Designer” is a home design professional who is not a Professional Architect but
is determined by the ARC, based on the designer’s demonstrated background and
experience, to be qualified to design a high quality mountain home.
16. “Quorum” is a majority of Architectural Review Committee members or their proxies
present in person or by conference phone or email.
17. “Site Inspector” is a person retained by the Board of Directors who is not a member of the
Association. The Site Inspector shall be found by the ARC to have experience and expertise
in building construction and oversight. The appointment of the Site Inspector shall be
approved by the Board, and he/she shall report to the Chair of the ARC to oversee
construction and completion of projects to assure compliance with these Standards and
conformance with the approved Final Plan.
18. “Subdivision” refers to the development project commonly known as Fairway Pines Estates
as shown by the PUD filing and plat so titled. Declarant has reserved the right to develop,
construct and market the project in multiple phases. The Subdivision is also referred to as
the Divide Ranch and Club.
These definitions are only for clarification of terminology within these Design Regulations. Owners are
also bound by the definitions listed within the General Declarations, Bylaws, Articles of Incorporation
and other applicable rules or regulations.
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Section II -- Introduction
The Association welcomes property development and through the Board and its Architectural Review
Committee (ARC) will maintain a helpful and welcoming attitude throughout the application process.
However, the Board and ARC are obligated under the Covenants and state laws to enforce the ARC
Standards and the Covenants.
The Fairway Pines Estates Architectural Standards are established to protect and enhance the value of
property within the subdivision. Architectural Standards shall be a guide to preserving the natural
environment and scenery as well as producing quality custom homes with a harmonious architectural
relationship.
Variances from the requirements of these Standards may be requested by the Owner according to the
Association Policy and Procedure, Section 11, dealing with Variances.
The ARC shall review these Standards at least every two years, and shall forward their recommendations
for revisions to the Board. Before its consideration and adoption, as appropriate, the Board shall refer the
proposed revision to the CRC for its review and comment.
Common Interest Community. Fairway Pines Subdivision is a common interest community within the
definition given in Colorado law. The Architectural Standards are intended, first, to define and, then, to
protect the kind of community everyone wants – in other words, “the community interest.” These
Standards have been drafted so as to reflect this overall community interest by taking into consideration
the following list of community interest factors.
The ARC shall be guided by these community interest factors when considering any request which
appears to deviate from the Standards or about which decision the Standards provide insufficient
guidance.
1. Preservation of property values.
2. Preservation of indigenous plant and animal life, natural resources, the environment, scenery, and
aesthetics. Indigenous plants and trees are favored over empty spaces.
3. Preservation of privacy.
4. Preservation of views of landscapes.
5. Preservation of high quality of architectural design and construction.
6. Preservation of balance between reasonable uniformity of architectural design and construction as
well as reasonable creativity and diversity of architectural design and construction.
7. Preservation of a harmonious relationship of building, landscape, topography, and overall
community design.
8. Preservation of the golf course and its users from adverse impacts due to construction,
improvements, or other changes made to individual or commercial properties within the
Subdivision.
9. Promotion of fire and other safety considerations and prevention of injury to persons and property.
10. Promotion of compliance with laws pertaining to Planned Unit Developments, and all other laws.
11. Promotion of the equal and uniform treatment of all members of the community, insofar as it is
reasonable to do so, while at the same time being respectful of the need to accommodate
reasonable differences.
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12. Preservation of the requirements of particular provisions of the Covenants, Architectural
Standards, and other rules.
13. Preservation of adjoining or nearby property interests, the interests of the developer, easement
interests, or the interests of properties and persons outside the Subdivision.
The objectives of the Architectural Review Committee (ARC) are as follows:
1. To attain high quality construction and design.
2. To prevent unreasonable obstruction of views, to ensure privacy, and to promote reasonable
mitigation of approved obstruction of views through landscape design. (See Appendix 1, View
Protection).
3. To preserve and protect natural resources within the subdivision.
4. To promote a harmonious relationship of buildings, landscape, topography and overall community
design.
5. To promote workman-like quality through the use of long-lasting, sturdy building materials.
6. To maintain proper setbacks in order to promote safety and preserve the view of natural scenery.
7. To preserve the natural environment for all wildlife which currently exists throughout the
property.
8. To assure that community interest values are reflected in all aspects of the design review process.
The standards and construction regulations set forth in this publication must be followed by the Owner,
the Owner’s contractor or builder, subcontractors, agent or any other party present who is under the
authority or control of the Owner. In the event of violations, the ARC or the Fairway Pines Estates
Owners’ Association through its Board of Directors may take any action permitted by law or the
Covenants, these Standards and Regulations, or Association Policies and Procedures. Such actions may
include, but are not limited to, the imposition of fines, which may be collected at any time or through a
deduction from the Owner’s refundable deposit.
The ARC reserves the right to require an Owner to utilize a professional architect or qualified designer for
the design of any structure to be constructed or located within Fairway Pines Estates. Additionally, the
Board shall appoint advisory members and/or consultants to the ARC, such as architects or independent
site inspectors to provide professional support to the ARC. The purpose of an independent site inspector is
to act as liaison between the ARC and contractor in overseeing construction. The purpose of a retained
architect is NOT to redesign a proposal, but to identify areas of non-compliance with these Standards.
It is anticipated that cluster and commercial lots may create larger-scope time and space construction
impacts within (and even outside) the subdivision than is true for single-family residential lot construction
impacts. It is also anticipated that commercial lots (and to some extent cluster lots) may create larger-
scope use impacts than is true for single-family residential use. Therefore, except for properties owned by
the Declarant, the ARC is authorized not only to apply the existing single-family oriented ARC Standards
to cluster and commercial lot improvement, but is also authorized to have the flexibility to adopt and
apply special requirements for cluster and commercial lot improvement.
Specific requirements and governing regulations for cluster and commercial lots are provided in
Appendix 16. Additional requirements may be established by the ARC on a case-by-case basis.
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Section III -- Governing Regulations
In addition to the Covenants and these Architectural Standards, building design will be regulated by
Ouray County, State of Colorado and Federal regulatory agencies having jurisdiction, including but not
limited to the Visual Impact Regulations of Section 9 and the Outdoor Lighting Regulations of Section 27
of the Ouray County Land Use Code. The Owner or Owner’s agent shall be responsible to ensure
conformance with these and any other applicable regulations and should check with the appropriate
governmental entity to verify that the most recently adopted edition of any regulation is being used.
Nothing in this document should be considered to be in conflict with the “Covenants.” In the event of
conflict or perceived conflict with the “Covenants”, the Covenants shall govern. In addition, policies and
procedures have been put in place to implement the Covenants and other regulations of the subdivision,
and these policies shall apply as well.
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Section IV -- Design Theme
The Design Theme for Fairway Pines is directed toward preserving the mountain feeling with homes
located among the Ponderosa and Piñon pines.
Reasonable efforts should be made to site, design, and landscape homes so they blend with the
surrounding landscape. The intent of the design theme is to promote high quality mountain home
construction with buildings that are creatively designed to merge and blend with their natural
surroundings.
Building designs should be creative, with an avoidance of boxy or long rectangular buildings. Building
mass shall be low profile, varied, and on slopes or hillsides shall follow the natural grade. Large decks,
retaining walls and roof overhangs shall be used when appropriate to enforce the visual tie of the building
to the natural topography.
Rooflines shall be varied and broken with an avoidance of long spans of unbroken ridges. Interest within
the architecture shall be accomplished through the addition of design elements such as bay windows,
dormers, multi-level decks and railings. Handcrafted elements such as stained glass doors and windows
shall be encouraged.
All homes and other structures shall emulate traditional Colorado mountain architecture. Design elements
drawn from Colorado’s mining and agricultural heritage are encouraged. Building materials should be
substantial and shall be selected to be able to withstand the climate of the high mountains. Natural wood,
stone and stucco shall be the primary building materials with roofs finished in non-reflective materials
and shall be of a material, color and texture approved by the ARC. All exposed metal flashing, gutters,
downspouts and other roof hardware shall be color coordinated with the colors of adjacent materials.
Variations of the Southwest style of architecture, such as the use of stucco, deep-set windows and
headers, shall be considered on an individual basis subject to conformance to the design standards set
forth herein. All other governing regulations within this document shall apply.
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Section V -- Design Review Process
The Design Review Process must be followed for any building, site or landscaping improvements to a lot
including but not limited to the following:
A. Construction of any building.
B. Renovation, expansion or refinishing of exterior of any building.
C. Interior changes that affect the number of dwellings, units or major functions of a building.
D. Fencing, dog runs or containment.
E. Changes to site improvements.
F. Exterior lighting or signage.
G. Exterior landscaping, tree removal, grading, etc.
In addition to meeting the requirements of these Design Standards, an Owner must comply with the
requirements of all governing agencies in order to obtain a building permit, a Certificate of Occupancy or
Temporary Certificate of Occupancy.
Cluster and Commercial lots are subject to the review and approval process contained in these Standards.
Special requirements applying to cluster and commercial lots are contained in Appendix 16.
Liberty Belle Village Lots as defined above are V-300 series lots located in Filing 3. They are subject to
the review and approval process contained in these Standards as well as special design considerations set
out in Appendix 13, Liberty Belle Village, Special Design Requirements.
An Applicant requesting time on the ARC agenda must first be current on dues owed to the golf club, all
monies owed to the Association, and all regularly due fees owed to the Sanitation District before such
time can be granted by the ARC. Unpaid sewer tap fees due to the Sanitation District must be paid before
final approval may be granted.
The Fairway Pines Estates Review process has four steps: (1) Conceptual Plan Review, (2) Preliminary
Plan Review, (3) Final Plan Review and (4) Construction Conformance Review. The Preliminary and
Final Plan Reviews may be conducted at the same meeting.
1. Conceptual Plan Review is intended to determine the feasibility of a design prior to the Owner
expending funds on plans that may not be acceptable. A Conceptual Plan Review is initiated by the
Owner or Owner’s agent submitting the following to the ARC in digital PDF format at least ten (10)
working days before the next scheduled ARC meeting:
a. Conceptual site plan.
b. Conceptual floor plan.
c. Two elevations or two perspective views.
At the meeting the Applicant shall provide a completed Initial Application contained in Appendix 7 of
these Standards and at least one hard working copy of the plans. Plans may be done freehand to an
appropriate scale and must clearly indicate the nature and extent of any variance desired.
If a Special Meeting is requested and agreed to by the ARC, the ARC shall impose a fee for the Special
Meeting. See Section XI, Deposits and Fees, and Appendix 14, Schedule of Fees, Deposits, & Fines.
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2. Preliminary Plan Review. It is the responsibility of the Owner or Owner’s authorized agent to ensure
that the design and construction of any project in the Fairway Pines Estates conforms to the requirements
of the applicable Design Standards. The Applicant must specifically request any variance from the Design
Standards and the affected areas clearly indicated on the Plans. The ARC reserves the right to enforce all
Design Standards at any time after plan approvals except where variances have been specifically granted,
in writing, as a part of the approval process.
At least ten (10) working days before the Preliminary Plan Review meeting, the Applicant shall:
1. Provide to the ARC copies of all necessary plans required for the Preliminary Plan Review in digital
PDF format;
2. Stake the lot, tag trees, and if required install story poles as specified in Subsection c., below.
At the Preliminary Plan Review meeting, the Applicant shall provide one hard copy of all plans, and shall
submit payment for the Initial Fee. The ARC can only consider a Preliminary Plan Review submittal
when all items listed in this section and in Appendix 8, Preliminary Plan Review Checklist have been
received or done and the Initial Fee has been paid.
a. Site Plan. A plot plan (site plan) at a minimum scale of one inch (1”) = ten feet (10’) shall be
provided at the Preliminary Plan Review. The following indicates the minimum amount of
information to be provided: property boundaries, building footprint, building setbacks, driveway,
parking and walk locations, septic system location or sanitary system connection, details of
driveway culvert, abutment, and address monument, existing and proposed contours at two-foot
(2’) intervals, preliminary landscape concepts, existing trees to be removed, vegetation and
landforms and other site improvements (retaining walls, decks, etc.). Owners are responsible for
providing accurate site topography for building and planning purposes. ARC reserves the right to
require a site-specific survey.
b. Building Plans. Building plans at a minimum scale of ¼ inch = one foot (1’) shall be provided at
Preliminary Plan Review. The following indicates the minimum amount of information to be
provided: all exterior elevations (including porches, steps, decks and deck supports), roof pitch,
roof material, exterior materials and building height.
c. Staked Lot to Include:
Location of main structure
Location of garage if separate from main building
Location of driveway and turn around
Location of parking
Location of other proposed structures, if any
Tags on all trees to be removed.
Tags on trees and mature shrubs, if any, that will be removed only to accommodate
equipment and/or facilitate construction and will be replaced
Installation of story poles if determined by ARC to be necessary
If story poles are installed, ARC shall approve the location of the story poles, and the approved
location and height of the story poles shall be documented with secure benchmarks. The approved
location of story poles shall be adhered to throughout construction.
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3. Final Plan Review. At least ten (10) working days before the Final Plan Review meeting, the
Applicant shall provide to the ARC copies of all necessary plans required for the Final Plan Review in
digital PDF format. At the Final Plan Review meeting the Applicant shall provide for ARC’s use two hard
copies of the final construction plans as well as color boards, material samples, and other items that can’t
be emailed
The ARC can only approve a Final Plan Review submittal when each of the items listed below has been
submitted and approved and required refundable deposits have been paid. The ARC Chair or his/her
designee shall be responsible for obtaining signatures on the Initial Application (Appendix 7, submitted
for Conceptual Plan Review), Contractors Checklist (Appendix 10), and Blasting Permit (Appendix 11),
if any, and providing copies to the ARC Secretary for inclusion in Association records.
a. Landscape Plans (Minimum scale one inch (1”) = ten feet (10’). The Landscape Plan shall
include the following: extent and location of all plant materials and landscape features, site
lighting (type and location), existing trees, vegetation and landforms. Show driveway and
apron details.
b. Building Plans. Before Final Plan Review can be approved, the Owner/Applicant must submit
at least two complete set of building plans for ARC’s use. These plans shall be the same as
submitted to the county for a Building Permit. Plans must also include the following exterior
finish materials, door and window details, chimney cap and flue enclosure details, including a
color rendering of two (2) elevations or two colored perspective renderings. (See Checklist,
Appendix 9, Final Plan Review Checklist).
c. Color Coordination/Materials. The Owner shall provide color samples for all materials to be
utilized on the exterior including but not limited to the roof, siding, stucco, stone, wood trim,
windows, driveway, soffits, etc. This includes a sample of all materials proposed to be utilized,
along with paint and stain color samples. Also included is the type of garage door along with
the manufacturer’s product literature and photographs. See Section XIV, Item 1 for general
color selection requirements.
d. Changes from Approved Plans. Modifications to a design are almost inevitable during the
construction process and may affect the exterior of the building. It is not ARC’s intent to
prohibit potential design changes but rather to require the Owner to apply for and obtain
approval of the proposed changes before the actual change is implemented. By doing this ARC
hopes to avoid added Owner costs in removal of non-conforming construction. In some cases
“field approval” can be provided by a member of the ARC. Significant changes may require
full ARC approval.
4. Construction Conformance Review. A Certificate of Conformance confirms that: a) The
improvements conform to the Design Regulations and the approved designs (including any approved
design revisions), materials, fixtures, colors, and landscaping; and b) The site is cleaned up and cleared of
all construction materials and equipment, including temporary construction utilities.
Upon completion of the project, a written request for Construction Conformance Review shall be made
by the Applicant in order to be reimbursed for any refundable deposits. Partial refund of deposits will not
be granted.
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Construction Conformance Review shall be based on the plans approved at Final Plan Review and any
revisions previously approved by the ARC. The ARC shall not be responsible for any denial of, or delay
in, granting a Certificate of Compliance due to the failure of the Owner or the Owner’s authorized agent
to obtain prior ARC approval of design modification.
5. Time Line. It is required that steps 1-3 as outlined above be a continuous process without more than
ninety (90) days between any two (2) approval dates. Failure to meet these dates without good cause will
result in the loss of approvals and/or fees.
Should the project progress be suspended for 90 days for any reason, the ARC has the authority to take
the steps necessary to protect the property, to assure the project will not become a public nuisance, and/or
to complete the project. Any costs incurred by the ARC will become a lien upon the property and/or may
be deducted from the prepaid refundable deposit.
Construction is expected to start within 90 days of final approval, unless a later date is agreed to between
ARC and the Applicant. ARC approval expires twelve (12) months after start of construction which date
shall be determined by an agreement between ARC and the Applicant. ARC may grant extensions, but
ARC may apply any ARC requirements adopted by changes to the ARC Standards since final approval.
ARC approval expires twelve (12) months after the construction start date, unless for verified good cause
the ARC determines this period should be extended. A written request for an extension must be submitted
to the ARC Chair no later than ten (10) working days prior to its expiration date. The request must explain
the delay and how much additional time is required. Failure to comply with this provision may result in
new fees being assessed on the remainder of the unfinished project. Project must conform to the then
current regulations. Failure to meet the ARC time line will result in fines as determined by ARC and
deducted from the deposit. Upon depletion of the deposit a lien will be filed.
Example: The following are the maximum periods between the design review steps:
Conceptual approval May 1
Preliminary approval by August 1
Final approval by November 1
Construction start date within 90 days of final approval or as agreed to by Owner and ARC
Construction completion twelve (12) months after construction start date
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TIME FRAME PROCEDURE IN SEQUENCE
Ten (10) working days prior to meeting 1. Conceptual Plan Review
Ten (10) working days prior to meeting 2. Preliminary Plan Submittal*
a. Preliminary plans complete (checklist)
b. Current plan review fees paid in full
c. Plot (site) plan, building plan, staking on
site
Preliminary Plan Review by ARC
a. Submittal review (including comments)
b. On-site staking review
c. Decision by ARC
d. Written response by ARC
e. Refine/revise preliminary design as required
Ten (10) working days prior to meeting
3. Final Plan Review Submittal*
a. Final plans complete (checklist)
b. Building plan
c. Landscaping plan
d. Schedule of construction
Final Plan Review by ARC
a. Written approval by ARC for Ouray County
Building Department
One (1) year 4. Construction by Owner
a. Periodic site inspection by ARC
Upon Completion of Construction 5. Construction Conformance Review
a. Completion of construction
b. ARC review/approval
c. Certificate of Conformance by ARC
d. Return of deposits
* Preliminary and Final Plan Reviews may be completed at the same meeting.
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Section VI -- Variances from These Standards and Covenants
The policies and procedures for the application, review, and granting of variances from either Article V
(Restrictions) of the Covenants or these Architectural Standards are specified in Section 11 of the
Association’s Policies and Procedures. This Section 11 requires ARC to make a formal determination if
the variance application is for a minor or major variance and specifies different procedures for handling
them.
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Section VII -- Notice to Adjacent Property Owners
Upon receipt of conceptual plans for construction of a house, garage, commercial structure, or any other
improvement deemed appropriate by the ARC Chairperson, the ARC Chair shall provide a notice of the
submittal of conceptual plans by mail or email to all owners of properties adjacent to the project site.
Properties adjacent to the project site are those lots that:
Share any length of common property line,
Share any common lot corners with the project site, or
Would share such except for being separated from the project site by a street or by a parcel of
common area or golf course less than 300 feet in width.
Whenever any project site is adjacent to Declarant’s property, including any part of the golf course, or any
greenbelt within the Subdivision, the ARC shall give notice to the Declarant or to the Board, respectively.
The notice to Owners of adjacent properties shall
1. Advise the property Owners that proposed conceptual plans have been received by the ARC and
are available for review on request.
2. Identify the parcel and type of structure proposed.
3. Inform the owners that they, or their representatives designated in writing, may review the
submitted project plans either in person or by requesting emailed copies of the submitted PDF
plans.
4. Indicate the date, time and location of the meeting at which the ARC will review the conceptual
plans.
5. Advise the Owners of their right to comment upon the conceptual plans in writing in advance of
the meeting (by mail, e-mail, or facsimile) and of their right to appear and comment personally or
designate a representative to do so at the meeting.
6. Advise the adjacent Owners that ARC agendas and minutes are posted on the website and that it is
their responsibility to be informed on the occurrence of subsequent ARC meetings on the project.
Written comments on a proposed project must be signed by the adjacent property Owner, and identify the
parcel owned by that particular Owner, either by address or lot number. Input from the Owners of
adjacent properties will be considered by the ARC but shall not control the ARC in its evaluation of the
proposed project. Should modifications be proposed to approved plans, the ARC Chairperson, in his/her
sole discretion, may require that, due to the significance of the modifications, the Owners of adjoining
properties be provided with notice of the proposed modifications and an opportunity to comment thereon,
either in writing or at the ARC meeting at which the proposed modifications are to be considered.
If the ARC Chairperson, or designated ARC representative, receives information or otherwise determines
that the property of a non-adjacent property Owner is more likely than not to be directly significantly
affected by project site construction or improvement, such as (but not limited to) the movement of
equipment or erosion from the project site, notice should be provided to the likely affected Owner as if the
Owner were the Owner of an adjacent property (with the same rights as adjacent property Owners as set
forth in Sections VII and VIII). However, notice (and the rights attendant thereto) in this type of situation
is solely within the discretion of the ARC Chairperson.
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Section VIII -- Right of Owner of Adjacent Property to Appeal
Any Owner of an adjacent property who submitted written comments in advance of an ARC meeting at
which the project was considered, or any Owner of an adjacent property who presented comments at such
a meeting either personally or through a representative may appeal the decision of the ARC to the
Association’s Board of Directors. Such an appeal shall be strictly limited to matters raised at the ARC
meeting or in the written comments of the Owner of adjacent property. Requests for appeals must be
made in writing, identify the parcel and the date of the ARC meeting at which the challenged decision
was considered, and must be received at the ARC within 10 days of the ARC’s decision. Such appeals are
governed by the hearing provisions of Section 6 of the Association’s Policies and Procedures and the
procedures adopted, from time to time, by the Board of Directors.
The fact that an Owner of adjacent property appeals a decision of the ARC does not affect the right of the
Owner who has applied for and obtained ARC plan approval, acting at their own discretion and risk of
subsequent adverse decision of the Board of Directors, to obtain a permit under these ARC Standards and
commence construction. The bringing of an appeal does not in any way require the ARC to hold any
additional hearing or meeting with respect to the decision, or to withhold or suspend permission to
proceed with the proposed construction.
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Section IX -- Financial Responsibility
Proof of any Applicant’s financial ability to pay for the complete cost of construction of any improvement
of a lot (including homes, garages, commercial structures, or any other improvement) ordinarily shall not
be required. However, if credible facts and circumstances become known to the Committee, at any time
during the project, that indicate that the Applicant for any construction project may not be able to
complete the project and obtain final Committee approval, the Committee may require a completion bond
or other credible assurances of ability to complete the project. Such assurances may, but not need to,
include proof of financial ability to pay for the entire cost of the proposed work, as provided in Article IV,
Section 4 of the Covenants. Such credible facts and circumstances include, but are not limited to, a history
of defaults or failures to complete projects, bankruptcies, liens having been placed on uncompleted
projects, or other distressed economic circumstances involving the Applicant.
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Section X -- Fines
Upon the discovery by the ARC of non-conformance with the approved design requirements or violations
of the construction regulations or conditions specified in the Contractor’s Checklist, the ARC will first
discuss the matter with the Owner, Applicant, or Contractor and seek resolution. If that fails to resolve the
issue, ARC shall issue ONE written notice to the Owner, Applicant, and/or Contractor with a deadline for
correcting the condition. The failure to remedy the non-conformance or violations described in the written
notice within the deadline imposed will result in an offense and fine according to the Schedule of Fees,
Deposits, and Fines in Appendix 14.
Appendix 14 specifies progressive fines for failure to remedy a first offense or for repeated offenses.
Failure to remedy the first offense after a fine has been levied shall trigger ONE written notice of the
second offense and a deadline for correcting the condition. Failure to remedy the matter within the
deadline imposed will result in a second offense and fine.
An Owner or Contractor may appeal an alleged nonconformance, violation, or fine to the ARC presenting
mitigating circumstances. Additionally, an Owner or Contractor may appeal an adverse ARC decision to
the Board of Directors under Association Policy Section 6, Covenant and Rule Enforcement. The
procedural requirements set forth therein shall also apply, including the process for appeal to the Board of
Directors.
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Section XI -- Deposits and Fees
See Appendix 14 for the Schedule of Fees, Deposits and Fines.
Deposits and other money received as part of the ARC process shall be handled and managed according
to the provisions of Section 9, Finance Policies and Procedures, of the Association.
Refundable Deposits, such as conformance deposits required by the Fairway Pines Architectural Review
Committee are for the purpose of providing security for Owner's and Contractor’s compliance with all
rules, regulations, standards, terms and conditions of the Fairway Pines Estates Owners' Association
(FPEOA), the Architectural Review Committee (ARC) and the applicable Declaration of Covenants,
Conditions, Restrictions and Easements. The deposit is fully refundable when all such requirements have
been met. Partial refunds of refundable deposits are not permitted.
If, after written notice of deficiency and stated deadline for compliance to correct any performance
deficiency, there is a failure by the Owner, Contractor or Owner's agents, employees or subcontractors to
comply with any such matters, then the Architectural Review Committee may perform the work necessary
to correct the deficiency at the Owner's expense. The deposit shall be applied to this liability. The deposit
will also be used to pay any penalties, fines or expenses levied or incurred against the Owner. The Owner
has personal liability for any such sums that exceed the deposit. The Owner should be aware that the
deposit is applicable to costs of clean up as well as off-site damage and other costs incurred in assuring
compliance with all the applicable rules, including reasonable charges for administrative and legal
services. Upon the ARC's determination that all requirements have been met, the ARC will refund any
unused portion of the deposit.
Notwithstanding the foregoing, correction of defects is further governed by Article IV, Section 11, Article
V, Section 1 and Section 24, and Article VI, Section 1 of the Covenants.
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Section XII -- Site Planning
1. Building Siting Minimum Living Space and Maximum Building Footprint. Building siting must
respect and relate to existing landforms and vegetation. Natural vegetation shall be retained and protected
whenever possible. Natural vegetation removed for equipment access or access to the construction site
shall be replaced to the fullest extent practicable, and the Owner or Applicant shall attempt to emulate or
improve the pre-construction status as to natural vegetation. If restoration, wholly, or in part, is not
practicable, notice shall be given to the ARC for determination.
Site planning shall consider views, privacy, site topography and solar exposures. Design solutions must be
site specific, organizing the building mass in a way that relates to the terrain and functional constraints of
the site.
All structures shall be sited to create an appropriate setting within each lot.
Maximum Building Footprint: Except for the Village Lots subject to the Liberty Belle Village Special
Design Considerations contained in Appendix 13, the maximum allowable coverage (footprint) on a
single-family parcel shall be fifteen percent (15%) of the gross area of the parcel. Coverage shall be the
total impervious coverage of the house, garage, and decks, but shall not include driveways and required
parking areas. In some cases, a larger single-story house might have less visual impact than a two-story
house, in which case the consideration of a larger footprint shall require the application for a minor
variance.
Minimum Living Space: Consistent with Article V, Section 1, of the Covenants:
Except for the following, each residence structure shall contain at least 2,000 square feet of living space,
of which not less than 1,250 square feet of living space shall be the above-ground main floor, which may
be ground level, second floor, or some combination of split levels.
Within the Core Area, as defined in these Standards, each residence shall have a minimum of
1,600 square feet of living space.
A Cluster Lot anywhere, including any lot in the Core Area, shall have a minimum of 1,250
square feet of living space.
No minimum square footage is applicable to Commercial Lots. Commercial lots include lots
owned by the golf course used for golf cottage sales or rentals.
2. Building Setbacks. On residential lots, no permanent structure of any kind except fences shall be
placed within twenty-five feet (25’) of boundary lines adjacent to golf course property and twenty-five
feet (25’) from the Subdivision roadways or within fifteen feet (15’) of other boundary lines.
Notwithstanding the setback designations herein specified, the Committee may, at the time of preliminary
plan review, require greater setback requirements in the event that individual circumstances dictate a
greater set-back for either safety or compelling aesthetic reasons unique to individual situation.
Commercial lot and cluster lot setback requirements shall be established by the Committee on a case-by-
case basis. Driveways shall be easily accessible by emergency equipment.
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3. Utility Easements. Property Owners should be aware that most lots have a ten-foot (10’) utility
easement on all property lines, as set out in the Covenants, Article VI, Section 9a. Improvements or other
encroachments in the easement are subject to enforcement by the Declarant, Association, or other parties
as appropriate.
4. Grading and Drainage. Grading requirements resulting from development shall be designed to blend
into the natural landscape. Cuts and fills should be feathered into the existing terrain within the property
boundary.
Site plans shall indicate surface drainage patterns and any drainage improvements. The effects of drainage
on other properties must also be considered and delineated on the site plans.
In areas where drainage swales are created to direct runoff, erosion control blankets shall be used to slow
velocity of runoff, decrease erosion and promote revegetation.
Any point source discharges, such as sump pump discharges, shall be designated on site plan and
designed to avoid soil erosion and limit water flows onto adjacent properties, including the golf course.
Where construction results in drainage other than approved by the ARC, the ARC may require correction
and conformance to the approved drainage plan. If not corrected in a timely manner as set forth by the
ARC, the ARC may have the correction made and bill the Owner or deduct from the deposit.
5. Soils Test and Topographic Survey. All surface soils investigation shall be at the discretion of the
Owner and the responsibility of the Owner. Topographic survey mappings of the subdivision are
available. The ARC chair may have sources to such information.
6. Driveways. There shall be only one access permitted for each lot with one point of ingress and egress.
Hard surfaced driveways and parking areas are highly encouraged, in large part because gravel and small
rocks that migrate onto the paved community road accelerate the deterioration of that road. The ARC may
approve other surfaces for driveways and parking areas, but appropriate measures to contain and protect
edges and control erosion must be taken.
Gravel driveways shall have an apron of at least ten (10) feet of concrete or asphalt paving between the
edge of the roadway and the gravel portion of the driveway.
Structural sub-base portion of driveways and parking areas shall be fully installed prior to commencement
of any other on-site construction in order to eliminate any mud from being brought from the construction
site onto existing paved and gravel roadways. The Owner shall be responsible for the daily cleanup of
mud and other debris tracked from a construction site onto the roadway by the Owner, construction
companies and other agents of the Owner. If cleanup is not done by the Owner or agent of the Owner in a
timely manner as determined by the ARC, the ARC may have the cleanup work done and deduct the cost
of cleanup from the deposit or bill the Owner for the cost.
Standards for driveway design are: Driveways must be twelve feet (12’) minimum width; recommended
grade not to exceed ten percent (10%) one foot (1’) vertical in ten feet (10’) horizontal; maximum grade
for driveways sloping down to roads shall not exceed five percent (5%) one foot (1’) in twenty feet (20’)
for a distance of twenty feet (20’) from the edge of the road. Structural sub-base requirements shall be a
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minimum of four inches (4”) minus stone to a depth not less than six inches (6”), with a top course of
compacted ¾ inch crushed stone at a depth of three inches (3”), except where more stringent requirements
are required by the design engineer. Driveway culverts shall be required for driveways crossing drainage
swales. Such culverts will be approved by the Committee and will be installed by the Owner (see
Appendix 2, Driveway Culverts).
7. Parking. Each residential lot shall provide a minimum of two (2) fully enclosed or garaged parking
spaces per dwelling unit, then a minimum of one (1) exterior parking space shall be provided for each
additional bedroom exceeding two bedrooms. All parking spaces shall be a minimum of ten feet (10’) by
twenty feet (20’). Turn-around space may be required. No carports are allowed.
8. Storage Areas. Such items as trash containers, boats, motorcycles, trailers and maintenance and
recreational equipment shall be stored in a garage or ARC-approved fully enclosed structure attached to a
garage or residence. Walls enclosing these areas shall be compatible with the materials and integral with
the form of the residence or garage.
9. Utilities. All utility service lines shall be routed to minimize impact to the site. Utility routing shall
follow the driveway unless it is not feasible. All utility lines must be buried. Any removal of trees for the
purpose of utility installation will require specific written approval from the ARC. All areas disturbed
during utility construction shall be restored to their original condition through proper grading and re-
vegetation. Electrical service panel is to be mounted on the house.
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Section XIII -- Architectural Requirements
1. Exterior Building Materials and Colors Generally. Subject to the specific requirements set out in the
following sections, all exterior building materials, such as roof, siding, stonework, trim, doors, etc., shall
be reviewed by the ARC to meet the following criteria. The Applicant shall provide, or the ARC shall
require, sufficient credible information that the materials satisfy these criteria. Such information shall
include actual material samples, as well as written and graphic material. Any requested materials
determined not to satisfy these criteria shall be considered a Request for a Variance if approval is still
sought by the Applicant (see Section VI of this document). ARC shall seek advice from its retained
architect to assure materials comply with the following criteria:
Established high quality and workmanship
Durable in a harsh mountain environment
Natural appearing in texture and color and consistent with traditional Colorado Architecture
Minimize glare
Meets accepted industry standards
Exterior materials and colors shall blend with the natural landscape so they do not compete with the
surrounding physical setting.
2. Building Height. Building height shall be measured from finished grade to the highest point of the roof
ridge. At any given point, this measurement shall not exceed thirty feet (30’). Chimneys may exceed the
maximum building height limit.
Finished grade, for the purpose of measuring building heights, shall be the highest elevation of the surface
material (soil or paving) adjacent to the structure. This definition does not intend to allow raising the
finished grade adjacent to the building foundation or other mechanisms, which would circumvent the
intent of these requirements. (See Appendix 3, Height Restrictions)
3. Building Form, Massing and Architectural Expression. Building forms shall be varied with an
avoidance of boxy or long rectangular buildings. Dormers, bay windows, decks and a variety of roof
forms will help achieve a building design that has an original appeal. (See Appendix 4, Exterior Building
Design)
Building mass shall be low profile, varied, and on slopes or hillsides shall follow the natural grade.
Building mass shall be evaluated on creativity in design and the ability to merge with the natural
topography.
Architectural expression and creativity shall be encouraged. Exterior materials (e.g., stone, stucco, wood
siding and log, and other materials approved by the ARC) should be used in combination to vary the
appearance of different components of the building. Window patterns and sizes should vary depending on
their exposure. Stained glass, window boxes, handcrafted doors and windows will be encouraged to
express originality and interest within the architecture.
4. Roofs. Rooflines shall be varied and broken with an avoidance of long spans of unbroken roof planes.
In conformance to traditional mountain architecture, major roof forms shall be gable or hip.
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In order to encourage buildings that maintain a low profile, roof pitches must have a minimum fall of 6:12
to 12:12. However, the ARC reserves the right to approve any roof pitch, if in their sole judgment, the
proposed roof pitch is appropriate with the building design and does not compromise the integrity of the
Design Regulations. Secondary roofs attached to the major building or roof form may be shed roofs with
pitches not less than 3:12. Dormers are encouraged both to breakup long expansive rooflines and to make
habitable space within the roofs. Dormers may have gable, hip or shed forms.
Roof materials shall be restricted to non-reflective materials and materials which satisfy the above-listed
criteria, such as slate, unglazed or concrete roof tile, or stone-coated or pre-rusted steel roofing, the style
and color to be approved by the ARC.
The overriding philosophy is to encourage diversity in roofing materials and color. Fifty (50) year
architectural asphalt shingles may be used if determined by ARC that the shingle design, pattern, and
colors present adequate relief, contrast, and texture. Pre-rusted flat or corrugated steel, pre-weathered
galvanized steel, or pre-patinaed copper may be used, if approved by the ARC. Painted metal roof
materials are not permitted. The homes shall emulate traditional Colorado mountain architecture through
the use of building materials that are substantial and able to withstand the climate of the high mountains.
All exposed metal flashing, gutters, downspouts and other roof hardware shall be color coordinated with
the colors of adjacent materials.
It is recommended that cold roof designs be used for roofs over heated interior spaces to avoid ice damage
to the roofs and eaves.
Roof overhangs are recommended in order to provide protection from snow and ice as well as to bring the
mass of the house closer to the ground. Covered porches will be encouraged to provide interest within the
architecture. All exposed metal flashing, gutters, downspouts, snow fences and other roof hardware shall
be color-coordinated to match the finish and/or color of the adjacent materials.
5. Exterior Walls. Exterior wall material should convey a strong, sturdy natural image through the use of
wood, stone and stucco. Pre-rusted or pre-weathered metal siding materials or structural members may be
used as secondary materials to provide design accent. Stucco finishes shall have rounded free-form
corners, not sharp, straight corners to be consistent with the Southwest style of architecture. Special
detailing such as wood lintels at door and window opening are encouraged. A combination of all three
materials may be utilized to create variety and interest within the building design. Foundation walls shall
not be exposed. They shall be covered by stone, stucco or other appropriate materials that blend with the
upper walls of the dwelling.
a. Log or Timbers. Log timbers shall be used to convey a sturdy appearance. Minimum sizes for
timber shall be eight inches (8”) nominal and nine to ten inches (9” to 10 “) average diameters per
log measured at the mid-point of each length of log. Variations in log sizes are encouraged to
avoid the appearance of machined or manufactured logs. Dovetail notching, coping, hand hewing
and skip peeling are all techniques that are recommended to add originality to an otherwise
standard log structure.
Logs and timbers shall be treated with a clear sealer or stained with a semi-transparent stain to
blend with the existing natural colors. All stain and chinking colors shall require ARC approval.
b. Wood Siding. Wood siding shall be individual boards or planks of not less than four inch (4”) and
not more than twelve inch (12”) nominal face width and shall not be less than 5/8 inch thick.
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Wood siding may be run vertically or horizontally. For vertical siding applications, a combination
of several plank widths applied in a random pattern is encouraged. Wood siding should be used on
dormers, at gable ends and the upper portions of a structure.
Wood siding and trim should be finished with a natural color semi-transparent stain or treated with
a clear sealer to maintain the natural wood look.
Plywood siding is not permitted. Plywood may be used for soffits or as a base for, or component
of, special ornamental panels subject to specific ARC approval.
c. Stone. Stone finishes should be used in a manner that is consistent with its use as a structural
component such as a foundation. Vertical use of stone as for columns and chimneys is strongly
encouraged. Freestanding columns shall be not less than twenty-four inches (24”) square and
should be thirty inches (30”) or more square, or such other dimensions determined by ARC to be
proportional to the structure. The use of stone quarried on individual building sites or from other
local sources is also encouraged.
Minimum Stone Requirements. Each structure shall have a stone surface area of not less than
twenty percent (20%) of the gross exterior wall area. The gross exterior wall area shall be
calculated without deducting wall openings. For buildings where the minimum stone requirement
is inconsistent with the architectural style being proposed, the Owner or his agent may apply to the
ARC for variance under the Association’s Policies and Procedures pertaining to Variances. The
ARC may grant such variance when the design of a specific project meets the intent of
Architectural Standards while reserving the right to enforce the minimum stone requirement on
other projects where in the opinion of the ARC, the design does not warrant any reduction.
Stone Locations. Stone should be distributed throughout all of the elevations of a structure,
however, the majority of the stone should be placed at the most visually exposed portions of the
structure as viewed from the roads and/or golf course. (Variations: see Appendix 5, Stone
Variances.)
d. Stucco. Stucco shall be used in combination with log, wood or stone. Stucco shall have a soft,
irregular surface with an avoidance of sharp edges. When stucco is used at building corners,
windows and door openings, the edges shall be rounded. Stucco colors in general, shall be earth
tones and shall require ARC approval.
6. Chimney and Flues. Spark arrestors are required for all wood-burning chimneys. Chimneys and flues
are an important visual element of the architecture. The exterior finish of chimneys shall be of stone or
stucco, but other materials may be considered by ARC under the variance procedure.
Chimneys shall have a chimney cap made of stone, metal or precast concrete with a sandblasted or
exposed aggregate finish. Chimney flues shall be surrounded by customized metal enclosures to hide the
flue stack. Metal used may be copper with full patina or prefinished metal colored to blend with roof
colors.
Arched chimney caps add interest and are consistent with the Southwestern style of architecture.
Vents and flues in any location shall be colored to blend with the surrounding materials subject to the
approval of the ARC.
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7. Windows. Windows shall be of wood construction, painted or clad units. Thermo break aluminum or
vinyl clad windows will be considered on an individual basis subject to approval of Architectural Review
Committee. In consideration of the higher altitude, ultra-violet levels and climatic conditions, insulating
glass and colors should be carefully chosen to provide long-term protection. White windows are not
allowed.
Sandstone, flagstone or heavy timber lintels and sills are encouraged for windows within mass walls.
Special bay windows are also encouraged to maximize views and sun exposure as well as to provide an
accent on large wall surfaces.
Windows shall be used in combinations to avoid large uninterrupted glass areas. No uninterrupted glass
areas shall exceed forty (40) square feet. If, in the ARC’s sole opinion, larger panes of glass are
appropriate for the building design and do not compromise the integrity of the design regulations, then
approval may be granted. Stained glass and creatively shaped window openings will be encouraged to
express craftsman quality within the architecture.
8. Doors and Entranceways. Doors and entryways should use handcrafted materials. Main entry doors
must be stained, not painted. Raised panel metal doors or other metal doors including flush metal doors,
may not be used for the primary entry or entries largely visible from the road or golf course. The primary
entrance doorways should establish interest, variety and character and will be reviewed on an individual
basis. Flush metal doors will not be permitted for any exterior door. Secondary or semi-concealed doors
may be raised panel metal and are subject to ARC approval. White doors are not allowed.
9. Garage Doors. Whenever and wherever possible, garage doors shall be screened from public areas
such as roadways, open space and golf course. The property Owner must take the appropriate steps to
minimize this visual impact through utilizing special architectural accents such as recessing the door
arched doorways or other design enhancements. Landscaped screening is encouraged.
Metal section overhead doors of raised panel design may be used subject to specific ARC approval. Such
doors shall be finished in a color and material approved by the ARC. Wood garage doors should be rich
and interesting and shall be reviewed on an individual basis. Masonite garage doors will not be permitted.
10. Garages. Section XII, Paragraph 7 (Parking) of these Standards requires each residential lot to
provide a minimum of two (2) fully enclosed or garaged parking spaces per dwelling unit, which may be
either attached to or separate from the dwelling. Carports are not allowed.
Any detached garage shall be subject to the variance procedure as a minor variance, and shall meet the
following criteria:
a. The detached garage shall be no more than 15 feet from the dwelling and be architecturally
compatible with the dwelling structure.
b. The total footprint of the detached garage, dwelling, etc., shall be within the maximum footprint
specified in Section XII, Paragraph 1, of these Standards.
c. All external building materials, trim, lighting, etc. shall be consistent with the dwelling.
d. The structure shall not unreasonably obstruct the views from adjacent lots, consistent with the
provisions and protections described in Appendix 1, View Protection.
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11. RV Garages. RV garages pose significant design issues and are discouraged. Detached RV garages
are not permitted. Owners who wish to include an RV garage into their plans shall blend the garage into
the overall structure and use location and landscaping to minimize its visibility from the street, golf
course, and neighbors. There shall be no more than two regular garages when there is an RV garage.
Windows or other design accents should be used to mitigate the visual effect of large blank exterior walls.
12. Exterior Mechanical Equipment, including Energy Conservation Devices. All mechanical
equipment shall be either incorporated into the overall form of the dwelling or be permanently enclosed
by a material approved by the committee. Energy Conservation Devices, or ECDs, include solar panels,
wind generators, clothes driers, and other energy conservation or alternative fuels facilities. The use of
plant material to screen mechanical equipment or ECDs is encouraged, and in some cases may be
required.
The Fairway Pines Estates Owners Association will comply with Colorado laws regarding energy
conservation and alternative energy production including the use of solar panels. However, the
community interest requires the careful design and installation of these facilities to minimize their
industrial appearance and glare. All installations of solar panels and other Energy Conservation Devices
(ECDs) require ARC review and approval. The following are guidelines for incorporating solar panels
(including solar tubes) and other ECDs into the design of homes within the development. Although the
term “solar panels” is used, the following should also be applied to other ECDs.
1. Solar panels, solar tubes, and other ECDs shall blend with the architectural style of the house, to
the maximum extent practical.
2. Solar panels should follow the established roofline and be mounted no more than 3 inches above
the roof.
3. Where practical or possible, solar panel material should be of a color to minimize the contrast
between the roof and solar panel.
4. Solar Panels should be positioned to minimize their view from the golf course and street.
Consideration of neighbor views is encouraged.
5. Solar Panel material should be selected which minimizes the reflective nature of the panels.
6. If solar panels are mounted on the ground they should be screened from view from the golf course,
street, and neighboring properties, and panel elevation and angles chosen to minimize glare onto
the golf course, streets, and adjacent properties to the extent possible.
7. Piping, wiring and support brackets should be incorporated in the design to minimize their glare
and appearance.
13. Propane Tanks. Propane tanks are considered to be special exterior mechanical equipment and are
required to be completely buried. This is not only for aesthetic purposes but also for the health, safety and
welfare of the residents of the area. Propane tanks shall be installed in accordance with National Fire
Protection Association (N.F.P.A.) Standards current edition. Where geologic conditions exist which
would prohibit the burying of the propane tank, approval from the ARC may be obtained by submitting a
site plan showing the proposed location of the tank and how said tank shall be screened from view.
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Section XIV -- Landscaping
1. Planning. Plants should be used in landscape designs to create edges and screens or buffers from the
golf course or adjacent properties. Good planning is crucial in developing a landscape plan that blends
with the natural landscape. Siting of buildings and routing of driveways, utilities and walkways must be
planned to cause the least amount of disturbance to existing vegetation and landforms. Because
revegetation is difficult in this semi-arid and high altitude environment, there is marked advantage in
preserving as much of the native plant cover as possible.
Plant materials and landscape design shall incorporate defensible space needs to maximize survivability
of the dwelling in case of wildfire.
2. Aesthetic Considerations. The ARC shall pay particular attention to lots that are sparsely vegetated, or
that become sparsely vegetated because of lot improvement and home construction. Special effort must be
made by the Owner of these lots to provide natural screenings in these circumstances. The Owner may be
required by the ARC to provide additional plant materials in this situation.
Areas of individual lots which can be seen from a distance should have large-scale massing of trees and
shrubs in contrast to open spaces of native grasses and wildflowers. Large-mass plantings can help create
edge transitions to the natural landscape. Edge transitions shall not be left to a line of cut and uncut grass.
3. Landscaping and Plant Materials. Consultation with landscape architects or contractors that have
experience in the area is recommended. The plant materials selected should be those that will survive the
conditions inherent to the local climate and altitude. The type of soil, moisture content and exposure to the
sun are all important considerations in the selection and location of plant materials.
Serious consideration should be given to trees and plants that require minimum amounts of water for their
survival. Manicured lawns are discouraged.
Landscape scale and overall design shall be developed so that one senses that new vegetation is integral
with the existing natural mountain landscape and the inherent form, line color and texture of the local
plant communities.
New planting shall primarily use plants that are indigenous to the area. Ornamental plants may only be
used in locations directly adjacent to buildings or in courtyards.
The maturation of a designed landscape in the mountains takes longer than in less severe climates, as new
plants have slow growth rates due to the short growing season. Consequently, land shaping is as important
as plants in defining outdoor spaces. Berming will be encouraged when the topography lends itself to this
type of site development.
4. Topsoil. Prior to excavation, topsoil shall be stripped and stored on the site. Topsoil shall be replaced
in all areas requiring landscaping or revegetation. Topsoil shall be spread to a minimum depth of four
inches (4”). A soil amendment such as real rotted manure is recommended in areas that will be sodded or
seeded.
5. Seeding. Seed mixes must provide a blend of grasses that ensure quick cover, erosion control and the
potential of evolving into a local plant community indigenous to its surroundings.
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6. Perennial Wild Flowers and Groundcovers. Perennial wildflower and groundcover beds are
encouraged to provide seasonal colors and variety in the landscape. Perennials shall be selected pursuant
to their microclimatic needs (i.e. shade, full sun, dry, etc.) and should be planted as edge transitions or in
drip lines or snow shed areas where their use would be more appropriate than turf grass. Perennials
indigenous to the area are recommended.
7. Revegetation. Road and utility cuts shall be revegetated within thirty (30) days of the disturbance to
avoid unsightly scars on the landscape.
In areas that are to be revegetated, soil shall be scarified prior to the application of the seed. Slope
surfaces should be roughened to provide seed pockets for increased germination.
Seed selection will include native plant materials and/or appropriate substitutes approved by the ARC.
Seed shall be applied to disturbed areas within ten (10) days after topsoil has been spread.
Newly seeded areas should be protected from wind and water erosion through the use of mulches.
Mulches protect the soil from the impact of falling rain, slow the velocity of runoff and increase the
capacity of the soil to absorb and retain moisture. Acceptable mulches are wood chips, straw, hydro
mulch and erosion control netting. Erosion control netting will be required on slopes with erosion
potential.
As part of the required landscape plan, the ARC will require an erosion control and revegetation plan
prior to Final Plan Approval. These plans shall explain the measures to be used to permanently stabilize
and revegetate disturbed areas.
8. Identification Marker. The ARC shall approve the location of identification markers. The ARC and
the Association Board may require that all street address signs be consistent to provide harmony with
respect to color, size, location and style. Street numbers shall be six inches (6”) in height and thirty-six
inches (36”) minimum off the ground (See Appendix 6, Identification Markers). Reflective numbers are
encouraged to aid first responders.
9. Exterior Lighting. In general, site lighting shall be subdued and understated. Exterior lighting shall
shield its direct source. High-intensity sodium vapor and similar lighting are prohibited. The type of
fixture and type of lighting shall require specific ARC approval and must conform to Ouray County's
Dark Sky regulations. Any exterior fixtures shall have frosted lenses or frosted bulbs.
10. Fences. Fences will be permitted, subject to ARC approval. They may be constructed of wood, metal,
stucco or other approved materials not to exceed seven (7) feet in height. Open designs are encouraged.
Chain link, barbed wire, high solid fencing, and electric fences will not be permitted. Pet training fences
are allowed but flags shall be removed within eight (8) weeks from initial installation. In all cases the
ARC must approve fences. Fences shall not be used to define, or partially define, property boundaries but
to enclose private spaces, service areas or to provide a transition from manicured landscaping to the
existing natural vegetation. The ten (10) foot easement zone adjacent to each property line shall be free
from fencing so that the easement may be kept open for the “installation and maintenance of utilities and
drainage facilities,” as set forth in the Declaration of Covenants, Article VI, Section 9a.
11. Post-Construction Tree and Property Protection. Care shall be taken to avoid damage to existing
trees, shrubs, and their root structures. No trees may be removed except as permitted by Article V, Section
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20 of the Declaration of Covenants. Before trees may be removed for any reason, there must be a site
inspection and approval by an authorized member or representative of the ARC. Spray paint shall NOT be
used to identify trees to be removed; trees should be tagged with biodegradable colored ribbon.
The unauthorized removal of a tree may result in the Owner’s having to replace the tree with one of
comparable size and type.
The Association encourages landscape maintenance, including tree removal, for mitigating fire risk and
promoting plant health.
Article V, Section 20 of the Covenants requires a variance for any tree removed for any reason other than
fire hazard, plant health, or for approved construction. The variance criteria for tree removal are provided
in Appendix 17.
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Section XV -- Construction Regulations
1. Permits. Construction shall not commence until Final Plan Approval has been received from the ARC
and a building permit has been issued by the Building Department or appropriate agency of Ouray
County. Once started, construction shall proceed in an expeditious manner in strict compliance with the
Final Plan Approval. Upon satisfactory completion and final inspection the ARC will issue a Certificate
of Conformance or similar approval.
2. Construction Staging Areas. ARC will designate the entrance to the development for construction
purposes. All construction staging including but not limited to material storage, equipment storage,
construction trailers, etc. must take place within a designated area within the perimeter of the project site,
unless an alternate staging area is approved in writing by the ARC and the Developer. The Owner shall
present to the ARC a layout of the staging area, which will include but is not limited to the following:
material and equipment storage area, job office location and access to and from the site during
construction.
All construction activity shall be contained on the lot for which a building permit has been issued unless
specific authorization is received in writing from the ARC and the Developer. Porta-toilets shall be
required at all construction projects for the duration of time that construction workers are present on the
site and shall be located in areas approved by the ARC.
3. Tree and Property Protection. Construction practices must include extreme care during grading and
excavation to avoid damage to existing trees, shrubs and their root structures. No trees may be removed
except as permitted by Article V, Section 20 of the Covenants. That provision does not list view
enhancement as an acceptable reason for cutting or removing indigenous trees. Tree removal for the
purpose of enhancing views requires an application for a variance from Article V, Section 20 of the
Covenants. As a condition of granting a variance, ARC may require the planting of trees to compensate
for trees removed. Before trees of any size may be removed, there must be a site inspection and approval
by an authorized member or representative of the ARC. Spray paint shall not be used to identify trees to
be removed.
4. Slash Disposal. By keeping disturbed areas small, slash removal will be reduced. Construction site
slash piles and stumps will be removed in a reasonable period of time. No burning of any kind will be
permitted.
5. Noise and Hours. Blasting, heavy equipment operation and other loud noise from construction shall be
prohibited between 6:00 p.m. and 7:00 a.m. All blasting will require prior written approval of the ARC.
The Owner shall take necessary precautions and shall notify adjacent property Owners, local traffic,
pedestrians, etc. prior to blasting. No exterior work is allowed on Sundays by contractors or
subcontractors.
6. Construction Signs. One construction sign will be allowed on each site for the project. The sign shall
not exceed three feet (3’) by five feet (5’) and shall be located within the property boundary visible from
an adjacent roadway or entry to the project. The sign may contain at a maximum, the name, address and
telephone number of the Owner, the architect, contractor or contractors, lender, the project name, lot and
location (filing/lot). Subcontractors or co-contractors may not erect separate signs but may be listed on the
single sign permitted for the project. No real estate signs will be permitted. It is also permissible to state
on the sign “for information call” and list a personal name and phone number. All parties listed must be
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shown in uniform type style, size and color. All construction signs must be approved by the ARC prior to
installation, and no construction sign may be erected until the building permit is issued and significant
construction has started. The construction sign must be removed before deposits will be returned. Fines
may be levied by the ARC for non-compliance with these requirements.
7. Trash Containment and Removal. Trash and construction debris shall be kept in containers of a type
acceptable to the ARC’s Site inspector. Containers shall be emptied on a regular basis to ensure sufficient
room to store trash at the end of each working day. It shall be the responsibility of the Owner to remove
and dispose of, at an authorized landfill, any excess trash and construction debris. Storage of trash and
construction debris outside of an approved container shall not be permitted under any circumstances.
Care shall be taken to keep trash containers covered to avoid trash blowing out of the containers.
8. Clean Up. It shall be the Owner’s or Owner’s contractors’ responsibility to maintain a clean
construction site, to see that adjacent lots are not impacted negatively with construction materials or
debris, as well as maintain clean roadways where mud and dirt could be tracked from the construction site
as required in Section XII, Paragraph 6, Driveways. Fines will be imposed.
9. Prohibited Practices. The following practices are PROHIBITED at Fairway Pines Estates:
A. Changing oil on any vehicle or equipment other than at a location designated for that purpose by
the developer or ARC.
B. Allowing concrete suppliers and contractors to clean their equipment other than at locations
designated for that purpose by the Developer or the ARC.
C. Removing any rocks, plant material, topsoil or similar items from any property of others within
Fairway Pines Estates, including construction sites.
D. The carrying or use of any type of firearms on the property by construction workers, vendors,
service persons, etc.
E. Using spring or surface water for construction except where designated for such use by the ARC.
F. Using disposal methods or units other those approved by the ARC.
G. Disposing of cigarettes and other flammable material.
H. Igniting of any type of fireworks.
I. Builders, contractors, and subcontractors are prohibited from bringing pets of any kind onto
the property. In the event of any violation of this section, Fairway Pines shall have the right to
contact Ouray County authorities to impound the pets or refuse to permit such builder, contractor
or subcontractor to continue work on the Fairway Pines property or to take such other action
permitted by law or the Covenants. No loud radios will be played at any location throughout
Fairway Pines.
10. Contractor/Subcontractor Employee Behavior. Speeding and littering by construction employees
within the subdivision are absolutely prohibited, Contractors shall be responsible for so advising their
employees and subcontractors, and may be subject to fines for speeding or littering violations by persons
connected with the jobsite.
11. General Practices.
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A. All lot Owners in Fairway Pines will be responsible for the conduct and behavior of their
representatives, builders, contractors and subcontractors.
B. At least two (2) ten pound (10 lb.) ABC rated dry chemical fire extinguishers shall be present and
available in a conspicuous place – at the front door areas and in the garage areas on the
construction site at all times. The fire extinguishers must not be kept locked at any time and must
be accessible for immediate use. Fines will be imposed.
C. Only one (1) access (driveway) to site is allowable.
D. Compliance with burn bans imposed by a relevant government entity or the Association Board is
mandatory.
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Section XVI -- Miscellaneous
1. Sale of Improved Property, Compliance with Standards. In the event a sale of improved property
occurs, it shall be the responsibility of the seller to ensure that the improved property has no outstanding
or unapproved ARC Standards violations or pending corrections to those violations. The Association may
record a deficiency notice against a property to alert buyers.
2. Real Estate Signage. Following are acceptable forms of real estate advertising for undeveloped
residential lots, residences, and undeveloped or developed commercial properties. The Association
maintains a real estate information bulletin board located on the information kiosk at the Divide Ranch
and Club. Owners and real estate agents may have sales information posted at that kiosk. They should
contact the Association Administrator for details.
a. Undeveloped residential lots: The Covenants prohibit for sale signs on undeveloped lots. Signs
used to identify the lot number for vacant Fairway Pines Subdivision property may be utilized
under the conditions provided in Appendix 15, Approved Lot Identification Signs.
b. Residences: Following is the approved manner for advertising a residential property as set out in
Article V, Section 2.b. of the Covenants:
No more than two boxes for holding sales flyers with information on the
house may be posted on the set back lines, one in the front of the house
and, if desired, one facing the golf course.
No additional ribbons, balloons, decorations, or other embellishments are
permitted on or near any sales flyer boxes or approved signs.
c. Commercial Properties: For sale signs and signs advertising businesses located on commercial lots
shall be permitted by ARC on a case-by-case basis.
3. Fire Hazards. As authorized by several provisions of the Covenants, all lots and other property within
the subdivision shall be maintained so as to be free from fire hazards or potential fire hazards. Such
hazards include, but are not limited to, fallen or downed trees, dead trees and shrubs, slash piles, wood
waste, chemical waste, or other flammable material, rubbish, or debris. As further provided in Article V,
Section 26 of the Declaration of Covenants, written Notice of the hazard shall be made by the ARC or
other representative of the Association Board to the property Owner or other party responsible for the
maintenance of the property containing the fire hazard. Fifteen (15) days after prior written Notice to the
party responsible for maintenance of the property, if the hazard has not been cured, the Association
representative shall have the right to enter the property to eliminate the hazard, but unless an emergency
exits, there shall be no entry to a building without the consent of the responsible party. In the event the
Association is required under the terms of this section or Article V, Section 26 referenced above, to cure
the hazard, the cost thereof, including reasonable attorney’s fees, shall constitute an assessment payable
by the property Owner or other responsible party—which cost shall create a lien enforceable in the
manner set forth in Article III, Section 10 of the Declaration of Covenants.
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Appendix 1: View Protection
Views are an integral part of value. Views are not protected except as provided for by the height and
setback restrictions contained in the Covenants and Architectural Standards and except that mitigation of
some view obstructions by further landscaping may be encouraged or even required. Neighbors are
encouraged to cooperate to the extent possible. ARC will make every effort to facilitate such cooperation,
but the ARC has no responsibility to oversee or require communications or enforce agreements between
neighbors.
Article IV ARCHITECTURAL CONTROL Section 5, View restriction in the protective covenants reads
as follows: “No vegetation or other obstruction shall be planted upon any lot in such location or of such
height as to unreasonably obstruct the view from any other lot in the vicinity thereof. In the event of a
dispute among Owners as to the obstruction of a view from a lot, such dispute shall be submitted to the
Association’s Board whose decision in such matters shall be binding. The Board may refer the matter to
the (Architectural Review) Committee. Any such obstruction shall, upon request of the Board or the
Committee, be removed or otherwise altered to the satisfaction thereof by the Owner of the lot upon
which the obstruction is located. Each Owner shall be responsible for periodic trimming and pruning of
all hedges, shrubs and trees located on the lot so that they do not grow in a manner as to unreasonably
obstruct the view of adjacent Owners or street traffic.”
Within the ARC Standards the following comments are made in regard to views. The chief objectives of
the ARC are stated earlier in these Standards. One of these states as an objective, “to prevent
unreasonable obstruction of views, to ensure privacy, and to promote reasonable mitigation of approved
obstruction of views through landscape design.” Also, Item 2 of the Architectural Requirements entitled
Building Height reads in part “at any given point, this measurement shall not exceed thirty feet (30).”
Finally, in the section entitled Site Planning, it reads in part “Site planning shall consider views, privacy,
site topography and solar exposures.”
To clarify the Committee’s responsibility with regard to views, the Attorney for the Developer, Mr. John
W. Overholser, in 1995, was asked to provide a legal opinion as to the Committee’s view responsibility.
This opinion is provided below to further enhance the Committee’s responsibility in regard to views.
Within its authority, the Committee will utilize all reasonable efforts in an attempt to protect each
property Owner’s views.
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John W. Overholser Andrew J. Slee Shea Sperling Kopp OVERHOLSER & SLEE, P.C. ATTORNEYS AT LAW April 17, 1995 Mr. Eric Lederer Mr. James Castrodale 117 Ponderosa Dr. 330 South 5th Street Ridgway, CO 81432 Montrose, CO 81432 RE: Fairway Pines Estate Homeowners Association, Inc. View Protection Issue Dear Eric and Jim: In early January Eric asked me to take a look at the question of the liability and obligation of the developer/homeowners association with regard to view protection issues and liabilities in the Fairway Pines project. Thereafter, on February 3, I received a similar request from Jim with regard to a specific issue raised by the owner of Lot 336. Following these two communications, we engaged the services of Williams, Turner and Holmes in Grand Junction to do computer-assisted research to help us see the trend in the law on this subject. In addition, we did local research through our own library resources. Finally, I spent some time reviewing in detail the provisions of the applicable CC&Rs. The following then is the result of our research and review consisting of two parts: A. LEGAL CONCLUSIONS.
1. There is no implied easement for view protection created by statute or common law in Colorado. Accordingly, it has been held (in a New Jersey case) that easements for light and air cannot be acquired by adverse possession. Thus, there is no general duty be a developer to protect views. For you for further review, I have enclosed a copy of the general discussion of the foregoing point continued in 1 Am. Jur. 2d, pp. 889-896.
2. The general rule recognized by the great majority of cases is that such view protection easements can exist only by express, written agreement or where other evidence clearly indicates an intention to create them. (Covenants sometimes contain provisions constituting a view protection provision.) An example of an unwritten easement occurs when a seller represents to a buyer that an easement will be created – in such an instance, an easement by estoppel may be established. A discussion of these issues appear in the attached Minnesota case of Hwy. 7 Embers, Inc. v. Northwestern National Bank. (I have not been informed that any of the salespeople have made statements assuring that views will be protected or guaranteed; if it has not already been done, salespeople should be cautioned against making any such representations.)
3. Similarly, an argument that view obstruction constitutes a nuisance has been rejected. See the attached
Washington case of Collinson v. John L. Scott., Inc. The Washington court notes that courts will not restrict one landowner to confer a benefit on another unless required to do so by statutes or contractual commitments such as easements.
4. There is an argument that can be made to the effect that setback requirements established by building regulation or covenants could constitute view protection rights. Therefore if a variance from setback rules
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were sought for a lot that could impact another lot’s view, care must be taken to obtain the consent of the other lot’s owners or to avoid interference with the view before granting such a variance. B. CC&R ANALYSIS
1. Article IV Section 2 contains a comprehensive release of the architectural review process, the owners’ association and the Declarant regarding approval or disapproval of plans and specifications.
2. Article IV Section 5 prohibits vegetation or other obstruction in a location or height as to obstruct unreasonably the view from any other lot in the vicinity. The Board of Directors has binding authority to resolve disputes coming up under this section.
3. Article V Section 20 prohibits site work, which changes drainage direction or alters the land surface. 4. Article VI Section 12 states that the Declarant makes no representations as to the existence,
preservation or permanence of any view from any lot. C. CONCLUSION Unless there are some facts of which I am not aware, the owners of the lots in Fairway Pines have no right to protected view at the expense of other lots. Furthermore, there is no liability upon the developer or any of the persons serving upon the Association Board of Directors or the Architectural Review Committee in the event a claim is made that there is a duty to protect the view. I have enclosed a copy of page 10 of the CC&Rs and would direct your attention to Section 5. It seems that the issue is covered well here and that in the event an objection is made by a lot owner, he should request a ruling from the Association Board through the process established in Section 5. Every effort should be made to accommodate the concerns of lot owners but there will be situations where hard decisions will have to be made. Those decisions can be enforced and are defensible both under the law and under the provisions of the CC&Rs. Let us know if you need any further expansion of the foregoing observations. Sincerely yours, OVERHOLSER AND SLEE, P.C. By: John John W. Overholser JWO/pei Enclosures MONTROSE OFFICE CORRESPONDENCE RIDGWAY OFFICE 333. S. Townsend Ave. P O Box 729, Montrose, CO 81402 By Appointment Phone: (970) 249-3449 FAX (970) 249-7455 Phone: (970) 626-5312
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Appendix 2: Driveway Culverts
Driveway culverts shall be required for driveways crossing drainage swales. Driveway culverts, if
required, will be approved by the Committee and will be installed by the Owner. Driveway culvert details
shall be shown on the site plan presented for Preliminary Review.
The ARC has developed two design concepts for each type of access to the home sites:
1. Through the drainage ditch via placing the driveway into the actual drainage swale. (Refer to the
following figure, Typical Driveway Installation)
or
2. Over the drainage ditch by placing a culvert into the drainage swale and building the access road over
the culvert. (Refer to following figure, Culvert Detail)
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38
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Appendix 3: Height Restrictions
Chapter 4-4 clarifies the thirty-foot (30’) building height restriction defined in Section XIII, Paragraph 2
(Building Height) of the Standards. The section read:
1. Building Height. Building height shall be measured from finished grade to the highest point of the roof
ridge. At any given point, this measurement shall not exceed thirty feet (30’). Chimneys may exceed the
maximum building height limit.
Finished grade, for the purpose of measuring building heights, shall be the highest elevation of the surface
material (soil or paving) adjacent to the structure. This definition does not intend to allow raising the
finished grade adjacent to the building foundation or other mechanisms, which circumvent the intent of
these requirements.
At any given point is italicized because this is the phrase that is critical to the proper interpretation of the
height restriction. It means that at any point around the perimeter of the building, the height shall not
exceed thirty feet (30’). Clearly this means that the building height is measured at all locations.
This section includes two separate definitions. One is for the “building height” and how it is measured.
The other is the definition of “ finished grade.” Several people have misinterpreted part of the finished
grade definition. Because it states that finished grade is “…the highest elevation of the surface
material…” they thought that the building height is measured at only one location. It just means that the
finished grade at each point around the perimeter of the building is measured at the tops of the grade
directly adjacent to the building.
The definition of finished grade is included in the building height section because it is the point you must
measure from to determine the building height. It is also necessary because this definition is different
from the definition of “grade” found in the Uniform Building Code, which describes a point five feet (5’)
away from the exterior of the building. Finished grade as defined in the Standards is illustrated Figure A.
Figure A
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The last sentences of the section after the definition of finished grade is intended to prevent the use of any
methods that would circumvent the intent of the height restriction such as the condition illustrated in
Figure B.
Figure B
If every lot were flat, there would be little room for misinterpretation. No lot is perfectly flat however and
many lots in Fairway Pines Estates have substantial changes in grade. It is for these sloping sites that the
interpretation gets interesting. The general intent is for the building to be below a line that is parallel to,
and thirty feet (30’) above the finished grade as illustrated in Figure C.
Figure C
As you can see, this will permit the design of a three-level building that steps down with the grade. You
can also see that retaining walls can be used to modify the grade adjacent to the building. This does not
permit the use of retaining walls around the perimeter of the building to circumvent the intent of the
restriction as illustrated in Figure D.
Figure D
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Figure E below illustrates a building that does not conform to the height restriction.
Figure E
We hope this explanation and the illustrations are helpful. We cannot, however, illustrate every possible
condition. If you or your designers are not sure if your design meets the intent of the height restriction,
please send in a preliminary design for conceptual review. We will also be happy to respond to any
questions in advance of any design submittal. Include a sketch, if necessary, to clarify your question.
The height restriction is there to reinforce the portion of the Design Theme of the Standard that states,
“Building mass shall be low profile, varied and on slopes or hillsides, shall follow the natural grade.” The
height restriction also is intended to limit the height of buildings to reduce the potential for the negative
impact a higher building might have on adjacent lots. The height restriction will be strictly enforced.
Please remember that the restriction is there to protect everyone.
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Appendix 4: Exterior Building Design
The exterior design of a building is governed by the Fairway Pines Estates Design Theme and
Architectural Requirements set out earlier in these Standards. Both design theme and architectural
requirements include the stipulation that building should be low profile, however boxy and/or long
rectangular buildings should be avoided. The sixty four thousand dollar question is what does this mean?
An attempt to further describe this requirement is in the following paragraphs.
The term low profile is intended to describe a horizontal look to the building mass as well as the need to
follow the grade and blend the building into the natural topography. The two-story building on a flat site
depicted in Figure A is boxy, not low profile and does not blend into the natural grade and is not a very
creative design. This is obviously not what we are looking for at Fairway Pines.
Figure A
Designs should also be interesting, creative and varied, therefore the low rectangular building illustrated
in Figure B, while low profile, is not desirable. The Architectural Requirements on “Roofs” states, “Roof
lines should be varied and broken with avoidance toward long spans of unbroken roof planes.” Obviously,
the buildings shown in Figures A and B do not conform to this requirement either.
Figure B
Figure C illustrates a two-story building on a flat site. This building with the upper and lower roofline
steps down on both ends avoiding the abrupt two-story wall. Notice how the roof extending over exterior
space on the left end of the building and the raised stone planter tying into the stone veneer base on the
right end of the building both reinforce the horizontal massing and help blend the building to the natural
grade. Also notice how the various roof forms add interest to the building. This is consistent with the
requirements.
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Figure C
The Standards do not prohibit vertical design elements as long as the low profile or horizontal look is still
achieved. The building illustrated in Figure D follows the natural grade and does not exceed the
maximum height restriction. The rooflines are varied and add interest. The deck railing at the right side of
the elevation reinforces the horizontal look and helps the building blend into the natural grade. The
vertical element on the left side of the elevation anchors the building to the site and acts as a counterpoint
to the horizontal lines of the building. This building also conforms to the requirements of the Standards.
Figure D
In the design and location of windows, use of exterior materials and the finish colors are all a part of the
form and massing of a building. As with the building height illustrations in Appendix 3: Height
Restrictions, it is not possible to depict all conditions relating to building form and massing. We do hope
that the illustrations provided will help clarify the general intent of the Standards.
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Appendix 5: Stone Variances
The ARC explores the potential for variances to the minimum stone requirements. The Architectural
Requirements specify that “Each structure shall have a stone surface area of not less than twenty percent
(20%) of the gross exterior wall area.” This area is calculated without deducting exterior openings
(windows and doors). The Architectural Requirements also state that “For buildings where the minimum
stone requirement is inconsistent with the architectural style being proposed, the Owner or his agent may
apply to the ARC for variance.”
The use of stone veneer with log structures is certainly consistent with the architectural style. However, in
its discussions about the minimum stone percentage, the ARC has recognized that log structures present
special concerns in the application of stone veneer. Most log structures settle over the first several years.
Some of this settlement is due to compression of the wood but the majority is due to the drying of the
wood. As wood loses moisture it will shrink. Settlement of 1 ½ to 3 inches for each story of a log
structure can be expected.
The potential for settlement in log structures can lead to difficulty in the application of stone veneer.
There are a number of ways to apply stone veneer on predominantly log structures. The foundation of the
structure that is above grade is the most obvious place to apply stone veneer. The best design is for log
structures to start on the same level (one flat surface that is at the same elevations) and not step the logs
down with the grade to avoid differential settlement. On a sloping site, for example, a basement could be
a combination of concrete and wood frame construction with stone veneer used as the exterior finish. The
log structure would then start at the main floor level.
When logs are used vertically as columns or posts, they are not subject to the same shrinkage or
settlement that horizontal log walls are. Stone veneer can be applied to the exterior of log posts without
settlement problems. The provision of stone columns is also consistent with the second sentence of
Paragraph 5.c., which reads, ”Vertical use of stone as for columns and chimneys is strongly encouraged.”
How the stone is used, therefore, is another factor that will be considered in evaluating a variance request.
The Committee will consider a variance in the minimum stone veneer requirement based on the overall
merits of the design and how the stone is used. The Committee will permit stone veneer applied to
exterior site walls such as retaining walls and/or planter walls to be used in the calculations for up to one
third of the minimum stone requirement. Loose-stacked rocks and boulders used in landscaping will not
be counted as stone veneer.
Any variance will be based on the individual merits of a design submitted. As with any design where an
Owner is not sure of the conformance of a design element, the initial submission of a Conceptual Plan is
encouraged for variance requests. This will permit the Owner and architect to obtain the general
comments of the ARC prior to proceeding with more detailed plans.
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Appendix 6: Identification (Address) Markers
Address marker details shall be shown on the site plan submitted for Preliminary Review.
The ARC has approved home identification markers. The ARC’s guidelines are rather general in order to
permit homeowners to use creativity in designing their own home identification structures. This also
permits the homeowner to personalize the sign monuments and to coordinate the design to be
complimentary with their home.
The sketches shown here were prepared by Architect Larry Kumpost of Kumpost and Associates and
have been approved by the ARC. They are examples of what can be done with these monuments. They
are not intended to set a specific standard or design parameter.
The address monuments are intended not only to assist friends and guests to locate your home but also to
facilitate police, fire or emergency personnel to identify your home should the need arise.
Monuments may be lighted to assist persons in identifying your home after dark. Lighting should be
subdued but adequate to read the address at night. Monument lighting and design require ARC approval,
and must conform to Ouray County’s Dark Sky Ordinance. Reflective numbers consistent with number
style and sizes described below are encouraged to aid first responders.
The monuments, in keeping with the design theme for Fairway Pines Estates as stated in the Covenants
and the Standards, are to be constructed of natural materials such as stone or stone veneer columns. Also,
these monuments must be a minimum of forty-eight inches (48 “) in height to assure the address is visible
during winter snow accumulation. The maximum height is sixty inches (60”). The circumference shall be
a minimum of seventy-two inches (72”) and not exceed a maximum of ninety-six inches (96”). The ratio
of height to circumference is critical to avoid either a short, bulky appearance or a tall, lanky look. When
using boulders the size will obviously vary. Again the basic issue is to have the numbers at least thirty-six
inches (36”) above the ground.
The street numbers will be six inches (6”) in height and
metal with the style of numbers as depicted in the drawing.
The size of the address plate shall be eight inches (8”) tall
by eighteen inches (18”) in length. ONLY THE HOUSE
NUMBER MAY APPEAR ON THE MONUMENT. NO
PERSONAL NAMES OR STREET NAMES MAY BE
USED.
The homeowner may desire to utilize two monuments, one
on each side of the driveway. The monument must be
placed within the homeowner’s property and cannot be
located in the street right-of-way. The consistency in the
home identification design theme will add to the overall
appearance of the Estates.
46
Appendix 7: Initial Application
FAIRWAY PINES
ARCHITECTURAL REVIEW CHECKLIST
Lot Number: __________ Owner: _____________________________________ Date: _____________
A. Items Required for Consideration of Conceptual Plan
1. Conceptual Site Plan in PDF format – From survey or other document
2. Conceptual Floor Plan in PDF format
3. Two conceptual building elevations or two perspective views in PDF format
4. Confirmation of payment of dues and fees owed the Association, Golf Club, and
Sanitation District
5. Signed copy of this Initial Application
B. Acknowledge receipt and review of the Fairway Pines Architectural Standards
I acknowledge that I have received and have read the Fairway Pines Architectural Standards, and that I
understand and will comply with them.
C. Owner authorization to be represented in the ARC review process by an agent.
I authorize _________________________________ to act as my representative in the ARC review and
construction processes. I understand that as the Owner I am responsible for the acts and omissions of my
representative and the Contractor relating to matters involving conformance with the final plans and
compliance with construction rules and requirements.
D. Owner authorization allowing review of architectural drawings, plans, and designs.
I authorize the Association to make available for review to current members, or their representative, site
plans and elevation or perspective drawings required for Conceptual Plan Review, or other drawings,
plans, and designs relating only to exterior construction at a time and place as designated by the ARC
Chairman.
E. Financial responsibility to complete the project.
I acknowledge (1) my responsibility to complete this project according to provisions and time frame
contained in approved plans, (2) that I have the financial ability to pay for the complete cost of
construction and landscaping, and if requested by ARC, will provide credible assurances of my ability to
complete the project as provided in Section X of these Standards, and (3) that the Association has
remedies under the Covenants, ARC Standards, and Association Rules and Procedures to correct or
remove noncomplying or incomplete structures at the expense of the Applicant.
47
F. Refundable Deposits.
I acknowledge that refundable deposits will only be refunded upon the issuance of a Certificate of
Conformance by ARC. Partial refunds before the issuance of a Certificate of Conformance are not
allowed.
G. View Protection Disclaimer
I understand the Association cannot guarantee views and that views are not protected except as provided
for by the height and setback restrictions contained in the covenants and architectural standards. Owners
contemplating construction should consider the impact of their project on existing homes and anticipate to
the best of their ability where future homes may be built on neighboring lots. ARC will make every effort
to facilitate cooperation among neighbors, but the ARC has no responsibility to oversee or require
communications between neighbors or enforce agreements made between neighbors.
Owner’s Signature __________________________ Date: ____________________________
Telephone Number ______________________ Email Address:__________________________
Reviewed by ______________________________ Date _____________________________
ARC Chairman
CC: ARC file, Contractor, Owner, Inspector, ARC Chairman, ARC Secretary
48
Appendix 8: Preliminary Plan Review
FAIRWAY PINES
ARCHITECTURAL REVIEW CHECKLIST
Lot Number: __________ Owner: ______________________________________ Date: _____________
A. Site Plan Review
1. Property boundaries
2. Building footprints
3. Building setbacks
4. Driveway
5. 10 foot apron for gravel driveways
6. Details of Driveway culvert and
address marker.
7. Parking
8. Walk locations
9. Septic system location/copy of
engineered drawings or sanitary
district line and holding tank
location
10. Existing trees and trees proposed to
be removed
11. Vegetation, landforms
12. Other site improvements (retaining
walls, decks, fountains, etc.)
13. Propane tank location or natural gas
line and meter location shown
14. Topo/Drainage (existing and
proposed) not more than two-foot
(2’) intervals
B. Building Plans
1. Building elevations (4)
2. Roofing material proposed
3. Building form, massing and
architectural expression
4. Verification of stone percentage –
Calculations shown on drawing
5. Height of structure verified –
Shown on drawings
6. Exterior walls
7. Chimney and flues
8. Windows
9. Doors and entryways
10. Garage door
11. Exterior lighting
12. Roof pitch – Shown on drawings
C. Inspection of Staked Lot
1. Location of main structure – All
corners staked
2. Location of garage (If separate from
main building)
3. Location of driveway and turn
around
4. Location of parking
5. Tag all trees to be removed
6. Story poles and location monument
in place, if applicable.
D. Payment of Applicable Initial Fee
WARNING: NO BLASTING IS PERMITTED WITHOUT EXPRESSED WRITTEN PERMISSION OF ARC
OBTAIN A BLASTING PERMIT APPLICATION FROM ARC PRIOR TO CONSTRUCTION.
Reviewed by _____________________________ Date __________________________
(ARC Representative)
49
Appendix 9: Final Plan Review
FAIRWAY PINES
ARCHITECTURAL REVIEW CHECKLIST
Lot #: Owner: Contractor:
Date submitted: Date of hearing:
SITE PLAN/BUILDING PLAN REVIEW
A. Checklist: Items carried forward from preliminary review.
1.
2.
3.
4.
5.
B. Checklist: Final Plan Review 1. Color boards, color coordination approval
2. Materials approval (Roof, Siding, and Deck)
3. Final plans complete
4. Building plans complete (same as county requirements) and two copies provided to ARC
for committee use
5. Sanitary District letter verifying tap fee payment or copy of county application for septic system permit.
6. Landscape plans complete
7. Other site improvements (Retaining walls, Decks, Fountains, etc.)
8. Construction schedule: Start of construction, estimated completion.
9. Exterior lighting cut sheet
10. Color delineation of structure (minimum two contiguous elevations)
11. Satellite dish location
12. Payment of fees due at Final Plan Approval
C. Summary 1. Preliminary plan approved
2. Final plan approved
3. Letter of approval to Ouray County
4. Letter of approval to Owner
D. Inspections 1. Construction Performance Review inspection (required for C.O. from Ouray County).
2. Final inspection (in addition to the verification and approval of item D 1) to qualify for refund of Construction
Performance Deposit.
WARNING: NO BLASTING IS PERMITTED WITHOUT EXPRESSED WRITTEN
PERMISSION OF ARC! OBTAIN A BLASTING PERMIT APPLICATION FROM ARC PRIOR
TO CONSTRUCTION. Reviewed by _____________________________ Date ________________________
(ARC Representative
50
Appendix 10: Contractor’s Checklist -- Construction Rules and Requirements
FAIRWAY PINES
ARCHITECTURAL REVIEW COMMITTEE
P.O. BOX 151, RIDGWAY, CO 81432
Lot #________; Owner____________________; Contractor___________________
THE FOLLOWING RULES AND REQUIREMENTS ARE MEANT TO PRESERVE THE PEACE
AND WELLBEING OF THE SUBDIVISION AND WILL BE STRICTLY ENFORCED BY THE
ARC OR ITS DESIGNATED REPRESENTATIVE. COMPLIANCE IS THE JOINT RESPONSIBILITY
OF THE OWNER AND THE CONTRACTOR.
THE OWNER IS RESPONSIBLE FOR ANY DAMAGE OCCURRING ON-SITE OR OFF-SITE. THE
OWNER SHOULD ASCERTAIN, FOR HIS/HER OWN PROTECTION, THAT ALL PARTIES HAVE
PROOF OF LIBILITY INSURANCE.
THE CONTRACTOR IS RESPONSIBLE FOR ENSURING SUBCONTRACTORS ARE INFORMED
OF AND COMPLY WITH THE FOLLOWING REQUIREMENTS.
Before construction begins, the ARC or its representative shall review this document with the Contractor
and the Contractor shall initial each of the items in sections A, B, and C indicating he/she has read and
understood them. Both Contractor and Owner shall sign at the end of this document indicating they have
read and understand these rules and requirements.
A. Notice:
____1. Loose pets are NOT allowed on the construction site.
____2. No loud music, talk shows, etc., shall be played.
____3. Workers shall comply with speed limits, no littering requirements, and other traffic laws in the
subdivision.
B. Contractor Requirements:
____1. No construction shall begin until the Final Plan Review has occurred and has been approved
by ARC.
____2. The contractor is responsible for and must provide the Owner with proof of liability insurance.
____3. All construction activity must be limited to the lot for which a building permit has been issued.
____4. Other than trees marked on the approved site plan no trees may be removed without prior ARC
approval.
____5. The construction site shall be kept neat at all times. Slash piles are not permitted. Slash must
be hauled off or ground into chips.
____6. No burning of slash or trash is permitted.
____7. No heavy equipment may be operated between the hours of 6 PM and 7 AM.
____8. No exterior work is allowed on Sundays by contractors and sub-contractors.
____9. Posted signs are regulated by Section XVI, Construction Regulations, of these ARC standards.
____10. No trash may be stored outside an approved container or dumpster.
____11. The Contractor is responsible for any damage he/she may cause to the adjacent property (lots,
streets, etc.).
____12. No blasting is permitted without the written permission of the ARC. Obtain a blasting permit
application from ARC prior to construction, if blasting is anticipated.
51
____13. Only one access to the construction site (driveway) is allowed.
____14. The roadways shall be clean. Any construction-related mud, gravel, or debris must be
promptly removed.
____15. Concrete trucks may NOT clean equipment within the subdivision, except for initial washing
at the construction site.
____16. No overnight parking on the street is permitted.
C. Checklist: Site Requirements
____1. An access road shall be constructed prior to beginning construction.
____2. There shall be a dumpster on site before the start of foundation work.
____3. Fire extinguishers: There shall be a minimum of two (2) readily available extinguishers to be
at least ten pounds (10 lbs.) each and to be ABC rated dry chemical.
____4. There shall be a portable toilet on site at the beginning of excavation.
D. Fines: Fines may be imposed by the ARC upon notice, as follows:
First Offense: Up to $100 per violation.
Second Offense: Up to $500 per repeated violation.
Third Offense: Contractor and Owner will meet with the ARC. Contractor may be banned
from further work in the subdivision.
E. Deposit: The Owner’s and Contractor’s refundable deposits will be held until the ARC has issued the
Certificate of Conformance.
We have read and understand these rules and requirements.
Owner: ____________________________________ Date: _________
Contractor: __________________________________ Date: ___________
Reviewed by ____________________________ Date ________________
(ARC Representative)
CC: ARC file, Contractor, Owner, Inspector, ARC Chairman, ARC Secretary
52
Appendix 11: Application for Blasting Permit
FAIRWAY PINES
ARCHITECTURAL REVIEW COMMITTEE
PO BOX 151, RIDGWAY CO 81432
Regarding Fairway Pines Lot Number , the undersigned Owner of the lot hereby applies for
a blasting permit. I/we agree that all policies including those listed below will be met. A certification from
an insurance agent or broker that liability insurance coverage is in force in the amount of one million
dollars ($1,000,000) and that it provides indemnification from damage, death and injury due to blasting
caused to other property Owners, the public and the agents and employees of ARC and the Developer will
be submitted to ARC with this application.
I. Property Owner:
Name:
Street: City, State, ZIP:
Phone 1: Phone 2: Fax:
II. Contractor and/or Sub-Contractor doing the blasting
Name:
Street: City, State, ZIP:
Phone 1: Phone 2: Fax:
How long in business: Contractor License #
State of Colorado Permit # Year:
III. Insurance Company & agent:
Street: City, State, ZIP:
Phone 1: Phone 2: Fax:
Liability insurance policy
#
Property Damage insurance policy #
COPIES OF BOTH POLICIES MUST BE ATTACHED
IV. Description of work to be performed:
ARC Policies
A. Application for Blasting Permit must be approved ten (10) days prior to blasting.
B. Homeowners within five hundred (500) feet must be personally notified or given written notification
seventy-two (72) hours in advance.
C. A notice must be posted on the bulletin board at the mailboxes giving date and approximate time of
blasting.
D. If any structure is located within 250 feet of blast, blast mats or an earth cover must be utilized.
E. No flying debris may be projected beyond the property on which the blasting occurs.
F. ARC and/or Developer’s employee must be present at the time of blasting.
G. Proof of insurance coverage must be provided with this application.
H. Evidence of valid permits and licenses required by state law for possession and use of explosives must be
provided with this application.
Approved or Denied: Subject to the following:
By: Date:
Property Owner Signature: Date:
CC: Ouray County, Contractor, Owner, Inspector, ARC Chair, ARC Secretary
53
Appendix 12: Site Inspection Report
FAIRWAY PINES
ARCHITECTURAL REVIEW COMMITTEE
PO BOX 151, RIDGWAY CO 81432
The following items are checked to confirm that site conditions are in conformance with ARC standards
and ARC final site plan approval.
YES NO COMMENTS
1. Materials orderly
2. Equipment on site
3. Construction trailer
4. Porta-toilet
5. Fire extinguishers
6. Dumpster on site
7. Sign in conformance
8. Adjacent lots impacted?
9. Roadways clean
10. Condition of site
11. Access constructed
12. Fire hazard
13. Immediate action needed on other items noted:
The Architectural Review Committee reserves the right to stop construction should it be determined
by the Committee that such action is necessary for the health, safety and welfare of the development
and its residents.
WARNING: NO BLASTING IS PERMITTED WITHOUT THE EXPRESS WRITTEN
PERMISSION OF THE ARC!
NOTE: The Architectural Review Committee may, at its sole discretion, withhold the refunding of the
conformance security deposit pending the completion of all the requirements of the Architectural
Standards and the ARAC plan approval.
FINE IMPOSED: __________ PASSED INSPECTION : ____________________ DATE:
Owner: ________________________________________________ Lot #
Contractor: _________________________________ Inspector:
CC: ARC file, Contractor, Owner, Inspector, ARC Chairman, ARC Secretary
54
Appendix 13: Liberty Belle (Village 3), Special Design Requirements
Liberty Belle Village
(V-300 Series Lots)
Special Design Requirements:
3.1 The design of structures within Village 3 shall be governed by the most recently
approved version of the Fairway Pines Design Regulations and as described herein.
3.2 These design requirements and the Architectural Review Process have been
established to create and preserve an attractive community of harmonious design while
encouraging a variety of form and detail. These guidelines shall not be amended unless
changes are approved by the Fairway Pines Estates Architectural Review Committee
(hereafter ARC).
Village 3 Design theme
3.3 Village 3 (V-300 series lots), shall act as a transition between multi-family lots of
the Core Area and the single family lots outside of the Core Area.
3.4 As a transition area the theme of Village 3 shall permit a variety of building form
and detail subject to the regulations of Fairway Pines Estates and the following:
3.4.1 All designs shall fit naturally and harmoniously to their particular topography,
respecting the views and exposure of adjoining sites and creating a natural and flowing
landscape. Each project shall be required to submit a conceptual plan, indicating the
intended mass and scale, for ARC approval prior to proceeding with more detailed plans.
3.4.2 All designs shall use natural and subtle materials of stone, timber, wood or stucco
for exterior finishes. Rusted or weathered metal materials can be used to provide design
accents, but should not be overdone. Primary exterior colors shall be earth tones.
Secondary accent colors may be used for windows and trim, subject to ARC approval.
Site Design Requirements
3.5 General Site Design
Building site design must respect and relate to existing land forms and vegetation.
Wooded areas should be maintained wherever possible. Drainage requirements must be
considered when selecting building locations and for final grading.
3.5.1 Parking
At least one on-site parking space for each bedroom shall be provided for each residential
site. A minimum of two of the parking spaces shall be enclosed. All driveways to be
asphalt or concrete with a 5-foot concrete apron in front of the garage
55
3.5.2 Service Areas
Utility meters and other utility boxes shall be located in an area that is shielded from
public view. Trash containers shall be kept inside or enclosed and inaccessible to
animals. Enclosure designs and materials shall be consistent with the building design of
adjacent structures.
3.5.3 Exterior Lighting
In general, site lighting shall be subdued and understated, and in compliance with Ouray
County’s Dark Sky Ordinance. The type of fixture and type of lighting, including the
intensity and color, shall be subject to the approval of the ARC. Any excessive glare
and/or any light pollution of adjacent properties is prohibited.
3.5.4 Walls and Fences
Other than raised planters, retaining walls and service or trash enclosures, fences shall not
be permitted without the approval of the ARC. Fences shall not be used to divide
individual lots by being located around the perimeter of lots.
3.6 General Landscaping
Landscaping shall be designed to augment and enhance the existing native vegetation
while providing privacy between the buildings and outdoor spaces of adjacent properties.
The intent is to revegetate areas disturbed during construction with native vegetation
while permitting some more formal landscaping to provide accents in special areas.
3.6.1 Maintaining existing trees shall be a primary consideration in all site designs. The
removal of any trees requires the specific approval of the ARC.
3.6.2 More formal landscaping may be provided at architecturally defined areas adjacent
to the building, at drive entrances and other prominent areas as accents to the native
landscaping. Groomed yards should gradually give way to the natural landscape.
3.6.3 Where more formal areas give way to the natural landscape, the transition should be
freeform, not linear in nature, and should relate to existing land forms and other site
features. Transitions at linear site features such as retaining walls will be permitted,
however, the use of boulders or other natural materials is encouraged.
56
3.7 Plant Materials
Consultation with landscape architects or contractors that have experience in the area is
recommended. The plant materials selected should be those that will survive the
conditions inherent to the local climate and altitude. The type of soil, water content and
exposure to the sun are all important considerations in the selection and location of plant
materials.
3.7.1 Deciduous trees such as aspen, cottonwood, choke cherry and crabapple should be a
minimum of 1 ½ inch caliper in size with 2-3 inch caliper trees preferred. Locating these
trees on the south side of a building will provide shade in the summer while allowing
solar exposure in the winter.
3.7.2 Coniferous trees such as spruce, fir and some types of pine should be a minimum of
six feet high with 8-12 foot heights preferred. These trees can be used to provide
screening for privacy, from undesirable solar exposure or protection from the wind.
3.7.3 Trees should be planted in clusters (or groves) using a variety of sizes and located
to obtain a natural setting. The full growth size of the trees should also be considered for
the proper location of trees.
3.7.4 Planting beds and flowering shrubs should be used to provide colorful accents to the
natural landscape. These areas should include a variety of plant materials. Designs may
also include seasonal planting in pots, planters, and window boxes to add color and
variety.
Building Design
3.8 Building Footprint and Massing
A minimum building footprint of 1,250 square feet, excluding the garage, shall be
required for all units. A minimum living space, excluding the garage, of 1,600 square feet
for single family buildings shall be required. The maximum building footprint, including
garage, shall be 30% of the lot area.
3.9 Building Height
The maximum building height shall be as defined in the Fairway Pines Estates Design
Regulations except as modified by the following:
3.9.1 Regardless of the maximum building height and definitions described in the
Fairway Pines Design Regulations the following height restrictions shall apply to the lots
specified:
a) Building Height for lots south of Marmot Drive shall be measured from the
average pre-construction grade, as determined by the ARC, to the highest point of the
roof.
57
b) The maximum building height of structures on lots V309, V310, V311, V312,
V313, V314 and V322 shall be 22 feet. (Revised 7/12/06)
c) The maximum building height of structures on lots V316, V317, V318, V319,
V320 and V321 shall be 28 feet. (Revised 7/12/06)
3.9.2 In order to preserve view corridors for northern lots of Village 3, ridges of primary
roofs, for all lots in Village 3 that are south of Marmot Drive, shall run in a north-south
direction unless specifically approved otherwise, in writing, by the ARC.
3.10 Exterior Wall Materials
The primary exterior wall materials shall be stone, timber, log, wood siding and stucco
(or synthetic stucco) finishes with a minimum stone percentage as described herein.
Exposed heavy timber structural elements (posts and beams) are encouraged and shall not
be less than 8 X 8 inch (nominal) except that timber mullions between windows may be
proportionately smaller.
3.10.1 Exposed heavy timber structural elements may be simulated by wrapping standard
framing members with wood trim. The wood trim shall be rough sawn or have a hand
hewn texture.
3.10.2 In place of square timber walls, a 2X (nominal) or thicker rough sawn plank may
be used. The intent is that it shall appear to create horizontally layered square cut timber
walls with chinking applied between the planks. Simulated heavy timber corners,
perpendicular to horizontal timber members, shall be provided and the exposed face shall
not be less than 9 inches wide on each side. All simulated timber details must be
submitted at 3" = 1'-0" scale for review and consideration by the ARC.
3.10.3 The minimum surface areas of stone shall be not less than 20% (twenty percent) of
the gross exterior wall surface area of a building. Gross exterior wall surface area
includes areas of fenestration.
3.10.4 Stucco (or synthetic stucco), may be used as the primary exterior wall finish.
Where exterior finishes (other than trim) are limited to stucco and stone the minimum
stone area shall be increased to 25%.
3.10.5 Stone should be used in such a manner that suggests practical structural
applications such as stone foundations, retaining walls, and columns. Stone may be used
horizontally to establish a strong base for the building, however, the use of vertical stone
elements is strongly encouraged. Vertical stone elements should be used for columns,
column bases or at corners of buildings to simulate columns.
3.11 Colors
The predominant colors shall be earth tones, with warm but subtle colors. No two
adjacent buildings shall use the same stucco or trim colors without specific approval from
58
the ARC. All areas of wood shall be finished with wood tone semitransparent stains or
clear sealers.
3.12 Roofs
Roof forms generally should be kept simple but interesting utilizing dormers and/or
opposing ridge lines (perpendicular to the primary roof ridge) to break up roof massing.
Primary roofs shall be gable with pitches from 4:12 to 10:12. Shed roofs may be used as
secondary forms having a pitch not less than 4:12. Dormers may be provided to add
interest to larger roof areas and to make areas within the roof structure habitable.
3.12.1 Roof Materials shall comply with the Fairway Pines Architectural Standards.
3.12.2 See also paragraph 3.9.2 of this document.
59
Appendix 14: Schedule of Fees, Deposits, & Fines
ITEM AMOUNT REFUND-
ABLE
WHEN
DUE COMMENT
Initial Fee –
Single Family Lot
$2,000 No Submittal of
Preliminary
Plans
Fee covers cost of architectural review, including
ARC Secretary, ARC-retained architect and site
inspector, and accounting and administrative
services.
Initial Fee –
Cluster Lot
$2000 or
$500 per unit,
whichever is
greater.
No Submittal of
Preliminary
Plans
Fee covers cost of architectural review, including
ARC Secretary, ARC-retained architect and site
inspector, and accounting and administrative
services.
Initial Fee –
Commercial Lot
To be negotiated between ARC and Applicant.
Initial Fee due with submittal of Preliminary
Plans
Fee covers cost of architectural review, including
ARC Secretary, ARC-retained architect and site
inspector, and accounting and administrative
services.
Initial Fee -
Remodel
(External
remodels,
including house
addition, garage, or
garage addition.)
$500 No Submittal of
Preliminary
Plans
Fee covers cost of architectural review, including
ARC Secretary, ARC-retained architect and site
inspector, and accounting and administrative
services.
There is no fee for addition or modifications to
decks, fences, reroofing, landscaping, or other
activities determined by ARC as posing negligible
expense to the Association.
Road Impact Fee $1,000 No Approval of
Final Plans
Required only for new construction.
Special Meeting
Fee
$150 No At time of
request
Meeting
Cancellation Fee
$150 No When billed For failure to cancel a scheduled appointment
with the ARC within 48 hours of meeting.
Conformance
Deposit – Single
Family Lot
$7,500 Yes Approval of
Final Plans
The purpose of this fee is to ensure the proposed
project is completed in conformance with the
approved plans.
Conformance
Deposit – Cluster
Lot
$7,500 or
3,000 per
unit,
whichever is
greater.
Yes Approval of
Final Plans
The purpose of this fee is to ensure the proposed
project is completed in conformance with the
approved plans.
Conformance
Deposit –
Remodel
2,500 Yes Approval of
Final Plans
The purpose of this fee is to ensure the proposed
project is completed in conformance with the
approved plans.
Conformance
Deposit –
Contractor
$500 Yes Approval of
Final Plans
Contractor’s site preparation deposit, including
fire extinguishers, port-a-toilet, dumpster, site
access preparation.
Fine – First
Offense
Up to $100
per violation
No When billed After ONE written notice, failure to remedy non-
conformance or described violation within the
deadline will result in an offense and fine.
Fine – Second
Offense
Up to $500
per violation
No When billed For repeat offenses after a first offense fine has
been levied, after ONE written notice, failure to
remedy within the deadline will result in second
offense and fine.
60
Appendix 15: Approved Lot Identification Signs
The approved bronze and black lot identification sign is shown below. It is 6 x 12 inches and is
currently available at a cost of $15 from ASAP Signs in Montrose, 970-240-8851.
Signs should be mounted on a 6 foot 4 x 4 inch post of either cedar or redwood. Dark green or
black metal T or L posts are also acceptable for mounting lot number signs. The top of the sign
should be 6 inches below the top of the post and the post should be sunk approximately 12
inches into the ground to insure its stability and that it remains vertical. The sign should be
located within the Owner’s property and within 10 feet of the property line. A maximum of two
signs are permitted per property, no more than one on the street side and one on the golf course
side. While the existing green and white lot number signs deployed by the previous developer
may continue to be used, they must be removed when using the new signs described in this
Appendix. Additional ribbons or other markings are not permitted to be affixed to the lot signs.
61
Appendix 16: Special Requirements Applying to Cluster and
Commercial Lots
The requirements of this Appendix 16 do not apply to the Declarant.
The Design Review Process set out in Section V of these Standards also applies to
improvements made to cluster or commercial lots. Improvements on cluster and
commercial lots are expected to conform to the provisions of these ARC Standards, and
shall be consistent with the design themes and character set forth in these Standards. But
given differences in the scope and impacts , including use impacts, of larger-scale
development of cluster and commercial lots, ARC is authorized not only to apply the
single-family standards contained in these ARC standards, but is also authorized to adopt
and apply special requirements for cluster and commercial lot improvement.
Following are some specific guidelines for the ARC to consider pertaining to cluster or
commercial lots:
1. Given the increased risk of injury to people or property related to commercial
activities, ARC shall consider reasonable health and safety measures when reviewing
applications for commercial property improvements. Additionally, at any time and
upon its own initiative or the request of a member of the Association, ARC may
investigate potential health or safety concerns relating to a commercial lot and, after
consultation with the commercial lot Owner, may impose special requirements to
correct the health and safety deficiency. The commercial lot Owner or the Owner’s
representative shall have the right to appeal such special requirement to the Board of
Directors. The Board shall handle such appeals in a properly noticed hearing
according to the Notice of Hearing and Hearing Details process set forth in Policies
and Procedures, Section 6, and the Hearing Details Section set forth in Policies and
Procedures, Section 11.
2. The ARC may utilize Ouray County Design Guidelines in considering any
commercial development application.
3. Because of increased complexity of improvements on cluster or commercial lots,
ARC may negotiate extended timelines for design review, approval, and conformance
review.
4. Building height limitations for cluster and commercial lots shall conform to the
limitations set out in these Architectural Standards.
5. Off Street Parking. The number and type, such as those designated for handicapped
parking, of off-street parking spaces provided for commercial development shall
conform to the applicable zoning ordinances of Ouray County. Maintenance of
parking spaces shall include parking space delineation with appropriate yellow or
white striping (or acceptable alternative), and such striping shall be maintained so as
to be reasonably visible.
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6. Lighting. No exterior lights, lighting systems, or lighted signs, shall be installed or
maintained on commercial lots without the prior written approval of the ARC. All
lights shall be hooded so that the light is projected downward and inward toward the
lot or building on which the lights are located, and shall conform to Ouray County’s
Night-Sky ordinance.
7. Signs. No sign shall be erected or maintained upon any commercial lot without the
prior written approval of the ARC. Signs shall be an integral part of the building
design, compatible with the physical site. All signs shall be constructed of durable
materials and securely mounted. Signs may be limited in size as may from time to
time be prescribed by the ARC. Roof signs or any signs extending above the roofline
are prohibited.
8. Loading Docks and Service Areas. All loading docks, truck ramps, trash containers,
and service areas shall be screened so as not to be visible from other property in the
vicinity, including lots, roads, the golf course, and common areas. Such screening
shall have an opaque finish and be of a material and of a height acceptable to the
ARC.
9. Ground areas. All ground areas not covered by any building or other structure shall be
either paved, landscaped, or in their natural state. All roadways, driveways, truck
ramps, loading and delivery areas and vehicle parking areas shall be paved with a
hard-surfaced impermeable material acceptable to the ARC. All paved areas shall be
maintained and kept clean, reasonably clear of snow and free of oil and other
extraneous matter.
10. All structures, buildings and improvements erected on cluster and commercial lots
shall be maintained at all times so as to be in good repair and attractive.
11. Any variance requested by the cluster or commercial lot Owner shall be handled
according to the provisions of Section 11 (Policy and Procedure Regarding the
Granting of Variances).
Special requirements for cluster and commercial lot improvement, not covered by the above
guidelines, shall be the subject of negotiation between the ARC and the Owner for inclusion
in the Design Review Process. If negotiations fail to produce a result satisfactory to the
ARC, the ARC shall have the authority to adopt the special requirements at issue, subject to
the following limitations: First, consistent with the design themes and character set forth in
these Standards, the special requirements shall be narrowly tailored to have the least possible
impact upon the Owner’s design for improvement of the subject property. Second, the ARC
shall give the Owner written Notice of the Owner’s right to appeal the ARC’s adoption
decision to the Board of Directors. Third, adoption of such special requirements shall await
ARC confirmation either that the Owner has elected not to appeal or that the Board’s
decision is to uphold the ARC’s decision. The Board shall handle such appeals as described
in Guideline 1 above.
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Appendix 17: Variance Criteria for Tree Removal
Tree removal can generate emotional reactions from all sides. While a variance carries a
legal connotation, the Board hopes that ARC, applicants, and the community can work
constructively in this process to achieve a balance between the preservation of the natural
character of the Subdivision and the applicant’s reasonable use and enjoyment of the
property.
Section XIV, Item 11 of these Standards requires a site inspection and approval by an
authorized member or representative of the ARC before ANY tree is removed. The
Standards go on to say, “The unauthorized removal of a tree may result in the owner’s
having to replace the tree with one of comparable size and type.”
Article V, Section 20 of the Covenants requires a variance for any tree removed for any
reason other than fire hazard, plant health, or for approved construction. The Covenants
also say,
Application for such variance shall be accompanied by such drawings,
plans or photographs as may be reasonably required by the Committee or
the Board to show the nature of the proposed cutting, removal or grading.
It is desirable to preserve the natural character of the area and therefore to
limit cutting, removal and grading to that which is necessary to the
reasonable use and enjoyment of the property within the Subdivision.
The variance process is set out in Association Policy and Procedure Section 11. A
variance for tree removal is considered a Minor Variance.
When considering an application for a variance for tree removal, the Covenants require
ARC to balance the preservation of the natural character of the area against the owner’s
reasonable use and enjoyment of the property.
The reasonable use and enjoyment of the property may include removal of trees for
improving view or eliminating a nuisance, such as trees causing damage to the roof or
siding of a structure, causing leaves or pine needles to clog gutters, posing a safety hazard
by obscuring road signs or traffic, or causing root damage to utility lines, septic systems,
or pavement.
On the other hand, ARC must limit cutting and removal to no more than required for the
owner’s reasonable use and enjoyment of the property. Following are some criteria for
ARC to consider when balancing those interests:
a. Thinning trees is preferred over clear cutting or creating a view swath. Thinning
also creates defensible space for wildland fire protection and is encouraged. The
Colorado State Forest Service provides defensible space guidelines at
www.csfs.colostate.edu.
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b. Tree removal from heavily forested lots has less impact than from sparsely
forested lots.
c. The impact such tree cutting would have on the privacy of neighbors.
d. Removing large isolated ponderosa trees is discouraged, except for mitigating fire
hazard, plant health, or approved construction. In reviewing variance applications
for removing large, isolated ponderosa trees, ARC shall:
i. Consider these on a case-by-case basis.
ii. Consider the effect of the removal of these trees on neighboring lots and
the golf course.
iii. Find the tree or trees cause meaningful hardship to the owner.
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Index
A
Address .................................................................................................................................................................................... 9, 15, 31, 33, 50, 54 Adjacent properties ................................................................................................................................................................ 15, 22, 29, 30, 63 Appeal ............................................................................................................................................................................................ 17, 19, 70, 71, 72 Applicant ................................................................................................................................................ 1, 8, 9, 10, 11, 18, 19, 21, 24, 52, 67 Approved Plans ................................................................................................................................................................................. 11, 15, 52, 67
B
Blasting .......................................................................................................................................................................... 10, 33, 55, 57, 59, 60, 61 Board............................................................................................................................................ 1, 2, 3, 4, 15, 17, 19, 31, 36, 37, 38, 70, 72 Building form ..................................................................................................................................................................................... 24, 48, 54, 62 Building height ...................................................................................................................................................... 9, 24, 38, 44, 48, 64, 65, 70 Building materials ......................................................................................................................................................................... 4, 7, 24, 25, 28 Building plans ............................................................................................................................................................................... 9, 10, 13, 54, 56
C
Certificate of Conformance............................................................................................................................................. 1, 11, 13, 33, 53, 59 Changes ............................................................................................................................................................................................... 3, 8, 11, 45, 62 Chimney ......................................................................................................................................................................... 10, 24, 26, 27, 44, 49, 54 Clean up ................................................................................................................................................................................................ 11, 20, 23, 34 Cluster lot ................................................................................................................................................................ 1, 2, 4, 8, 21, 22, 67, 70, 71 Color .............................................................................................................................................................................................................................. 26 Colorado ............................................................................................................................................................... 1, 2, 3, 6, 7, 24, 25, 28, 39, 60 Colors .................................................................................................... 7, 10, 11, 24, 25, 26, 27, 28, 30, 31, 34, 48, 56, 62, 63, 64, 65 Commercial lot ............................................................................................................................................... 1, 2, 4, 8, 21, 22, 37, 67, 70, 71 Common Interest Community ............................................................................................................................................................................ 3 Conceptual Plan Review ................................................................................................................................... 8, 10, 13, 15, 46, 49, 52, 62 Construction Conformance Review .................................................................................................................................................. 8, 11, 13 Construction signs .......................................................................................................................................................................................... 33, 34 Construction staging area ................................................................................................................................................................................... 33 Contractor ..................................................................................................4, 10, 19, 20, 30, 33, 34, 36, 52, 53, 58, 59, 60, 61, 64, 67 Core Area .................................................................................................................................................................................................. 1, 2, 21, 62 Covenants ................................................................................................... 1, 3, 4, 6, 14, 18, 20, 21, 22, 32, 33, 34, 37, 38, 50, 52, 53 Culverts ....................................................................................................................................................................................................9, 23, 41, 54
D
Dark Sky regulations ............................................................................................................................................................................. 31, 50, 63 Deck ............................................................................................................................................................................... 7, 9, 21, 24, 48, 54, 56, 67 Declarant ....................................................................................................................................................................................... 1, 2, 4, 15, 22, 70 Deposits ...................................................................................................................... 9, 10, 11, 13, 19, 20, 22, 23, 34, 53, 56, 59, 61, 67 Doors .......................................................................................................................................................................... 7, 10, 24, 25, 27, 36, 49, 54 Drainage ............................................................................................................................................................................... 22, 23, 32, 41, 54, 62 Driveway ............................................................................................................................9, 10, 21, 22, 23, 30, 34, 36, 41, 54, 59, 63, 71
E
Energy Conservation Devices ........................................................................................................................................................................... 28 Exterior building design .............................................................................................................................................................................. 24, 47 Exterior lighting................................................................................................................................................................... 8, 10, 31, 54, 56, 63 Exterior walls ............................................................................................................................................................................................ 25, 28, 54
66
F
Fees ........................................................................................................................................................................ 8, 9, 11, 13, 37, 52, 54, 56, 67 Fences ............................................................................................................................................................................................ 21, 25, 31, 63, 67 Final Plan ........................................................................................................................................ 1, 2, 8, 10, 11, 13, 31, 33, 52, 56, 58, 67 Financial responsibility ............................................................................................................................................................................... 18, 52 Fines .............................................................................................................................................................. 4, 9, 11, 19, 20, 34, 35, 36, 59, 67 Finished grade .......................................................................................................................................................................................... 24, 44, 45 Fire extinguishers ............................................................................................................................................................................ 36, 59, 61, 67 Fire hazards ....................................................................................................................................................................................................... 37, 61 Firearms ...................................................................................................................................................................................................................... 34 Fireworks .................................................................................................................................................................................................................... 34 Flue ......................................................................................................................................................................................................... 10, 26, 27, 54 Footprint ......................................................................................................................................................................................... 9, 21, 28, 54, 64
G
Garage ................................................................................................................................................. 9, 15, 18, 21, 23, 28, 36, 54, 63, 64, 67 Garage doors ............................................................................................................................................................................................. 10, 27, 54 Golf course ................................................................................................................................ 3, 15, 21, 22, 26, 27, 28, 29, 30, 37, 69, 71 Grading............................................................................................................................................................................................. 8, 22, 23, 33, 62
H
Height restrictions........................................................................................................................................................... 24, 44, 45, 46, 48, 64
I
Identification markers .................................................................................................................................................................................. 31, 50 Initial application ....................................................................................................................................................................................... 8, 10, 52 Insurance ............................................................................................................................................................................................................ 58, 60
L
Landscape ...................................................................................................................3, 4, 7, 9, 10, 11, 22, 24, 30, 31, 38, 56, 62, 63, 64 Liberty Belle Village ............................................................................................................................................................................. 2, 8, 21, 62 Log ................................................................................................................................................................................................... 24, 25, 26, 49, 65 Lot Identification Signs ................................................................................................................................................................................ 37, 69
M
Mechanical equipment ................................................................................................................................................................................. 28, 29
O
Ouray County .................................................................................................................................. 6, 13, 31, 33, 34, 50, 56, 60, 63, 70, 71 Outdoor Lighting Regulations............................................................................................................................................................................. 6
P
Parking ............................................................................................................................................... 9, 10, 21, 22, 23, 28, 54, 59, 63, 70, 71 Plant materials ................................................................................................................................................................................................. 30, 64 Preliminary Plan.............................................................................................................................................. 8, 9, 13, 21, 41, 50, 54, 56, 67 Professional Architect ........................................................................................................................................................................................ 2, 4 Prohibited practices ....................................................................................................................................................... 31, 33, 34, 35, 63, 71 Propane tanks ................................................................................................................................................................................................... 29, 54
Q
Qualified Designer ................................................................................................................................................................................................ 2, 4
67
Quorum .......................................................................................................................................................................................................................... 2
R
Real estate signs .............................................................................................................................................................................................. 34, 37 Revegetation ............................................................................................................................................................................................. 22, 30, 31 Roof .................................................................................................................................. 7, 9, 10, 24, 25, 28, 44, 47, 54, 56, 64, 65, 66, 71 Rooflines ................................................................................................................................................................................. 7, 25, 28, 47, 48, 71 RV Garage ................................................................................................................................................................................................................... 28
S
Sale of improved property.................................................................................................................................................................................. 37 Seeding ......................................................................................................................................................................................................................... 31 Septic system ............................................................................................................................................................................................... 9, 54, 56 Setbacks .............................................................................................................................................................................. 4, 9, 21, 22, 38, 53, 54 Siding ............................................................................................................................................................................................. 10, 24, 25, 26, 56 Site inspector ................................................................................................................................................................................... 2, 4, 13, 34, 67 Site plan ......................................................................................................................... 8, 9, 13, 21, 22, 29, 38, 41, 50, 52, 54, 56, 58, 61 Slash piles ........................................................................................................................................................................................................... 33, 37 Soils......................................................................................................................................................................................................... 22, 30, 31, 64 Southwest style ........................................................................................................................................................................................... 7, 25, 27 Special Design Requirements.......................................................................................................................................................... 2, 8, 21, 62 Staked lot ....................................................................................................................................................................................................... 9, 13, 54 Stone ....................................................................................................................................7, 10, 23, 24, 25, 26, 27, 47, 49, 50, 54, 62, 65 Stucco......................................................................................................................................................................... 7, 10, 24, 25, 26, 31, 62, 65 Subdivision ......................................................................................................................................... 1, 2, 3, 4, 6, 15, 21, 22, 35, 37, 58, 59
T
Timber .......................................................................................................................................................................................................... 25, 62, 65 Time line...................................................................................................................................................................................................... 11, 13, 70 Topography ......................................................................................................................................3, 4, 7, 9, 21, 22, 24, 30, 38, 47, 54, 62 Topsoil .................................................................................................................................................................................................................. 30, 34 Trash ............................................................................................................................................................................................................. 34, 58, 63 Tree removal ...................................................................................................................................................................................... 32, 33, 73, 74
U
Utilities .................................................................................................................................................................................................. 23, 30, 31, 63 Utility easement ............................................................................................................................................................................................... 22, 32
V
Variances .................................................................................................................................................................................... 3, 9, 14, 26, 49, 71 Views ..................................................................................................................................................................... 3, 4, 21, 27, 28, 33, 38, 53, 62 Visual Impact Regulations .................................................................................................................................................................................... 6
W
Windows ............................................................................................................................7, 10, 24, 25, 26, 27, 28, 48, 49, 54, 62, 64, 65 Wood siding ............................................................................................................................................................................................... 24, 26, 65