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County planning commissioners approve new driveway standards

Rules would apply to new rural construction

County planning commissioners approved new standards for rural driveways on Nov. 20. The standards still need approval by the county commissioners to become part of the Land Use Code.

The standards were pushed by Durango Fire Protection District Chief Dan Noonan to improve the odds that emergency responders can get to a home when time is critical, and to protect the responders and their equipment.

The county's current driveway standard only covers the part of a driveway within 15 feet of a county road.

The draft standards apply to the entire length of a driveway, including driveways that access a private road. The exception is driveways shorter than 125 feet that don't access onto a county road. Driveway is defined as providing access to a maximum of two lots or three residential units, with a maximum of 24 average daily trips (ADTs).

The standards would apply to new driveways accessing new construction, not to reconstruction or major remodeling of an existing home with an existing driveway. They also would apply to new subdivisions.

County attorney Paul Kosnik said interest in driveway standards started with the Missionary Ridge and Falls Creek fires in 2002. He said updated driveway standards were part of a new Land Use Code adopted in 2007, but that code was never implemented.

There had been some dispute, he said, over whether driveway standards belong in the Fire Code or the Land Use Code. "So they weren't adopted as part of the Fire Code, but there was a commitment to look at them in relation to the Land Use Code."

The first draft drew 30 to 40 people to a meeting on Sept. 17. "The over-arching theme we heard was there should be standards where engineers don't have to be involved," Kosnik said. That draft required licensed engineer sign-off on various things.

A revised draft was presented at an Oct. 29 community meeting. Kosnik said fewer people attended. "Comments were less technical and more philosophical, such as is this the government's role?"

The draft approved on Nov. 20 had a few changes from the October version.

The County Public Works Department issues driveway permits, Kosnik said, but the process has to work with the building permit process, and there is a desire to have the building inspector look at the driveway as well as the building construction.

There is an administrative waiver process that's more flexible than getting a county variance, and they could be granted based on site-specific conditions, Kosnik said.

Driveway permits will be issued for access to legally created lots.

The standards require a 12 foot wide road surface with gently sloped 2 feet clear zones on each side for straight sections, and 16 feet wide road surface with 2 feet clear zones on curves. There are road surface requirements adequate to support a 60,000 pound vehicle, and a maximum allowable grade of 12 percent on straight sections and 10 percent on curves, also minimum radii on curves.

Driveways longer than 400 feet would have to have turnarounds adequate for a 35 foot long vehicle. With some exceptions, driveways longer than 800 feet also would have to have pull-outs. There could be some allowance for topography with turnarounds and pull-outs, after consultation with the local fire district.

Public Works Director Jim Davis said, "I think we've made some very reasonable compromises that the fire districts have agreed to. I think they are a lot more workable than a lot of codes that are out there."

Chief Noonan cited the homes and other buildings that burned in the Missionary Ridge and Falls Creek fires. "In many of those, we couldn't access without endangering our own lives," he said. "It gets back to the safety of the people we serve and the safety our people."

Twelve homes burned in the Falls Creek fire because of the steep access road, he said. "I couldn't put people up there. Every one of those houses burned down. Those type of decisions will be made."

He also cited a 2007 call where a fire truck got a tire off an 8 foot wide driveway and rolled onto its top.

"I know it's easy to say, 'I'll take the risk,'" Noonan said, but this is for protection of future residents of the house, not just the one deciding to take the risk. "If the fire gets off your property, it's a bigger issue," he added.

Planning commissioner Tom Gorton wanted more consideration of cost versus benefit in driveway approvals. He questioned the lower grade limit on curves and especially much tougher standards for a driveway that serves more than three homes.

"Even the lowest level is a 40 foot right-of-way and 18 foot surface," Gorton said. "It seems totally out of proportion."

Kosnik said, "Once you put the fourth home on, you are moving to a local road standard."

Planning commission chair Jim Tencza commented, "If we approve it as is, they are building a super highway." He and Gorton suggested taking the current paragraph out and insert a "placeholder" for language yet to be worked out.

On cost-benefit considerations, Kosnik said, "This is intended to get at some of that. We can't judge people differently based on financial resources. It's site-specific consideration."

On the cost of cut and fill, Davis said, "The goal is to end up with something that will be stable. We'd try to be as flexible as we can without going to an engineered design."

On the standards for curves, Noonan said, "The intent is for a fire truck, 25,000 to 50,000 pounds,if we have to stop and it's a 12 percent grade, we'll lose traction. We believe it's a dangerous situation. We want to be able to keep momentum to get around the curve.

Planning commissioner Lucy Baizel weighed in on possible waivers for difficult topography. "My fear is waivers will make all this pointless," she said.

"I think there are topographic areas in our county that probably shouldn't be built on," such as places in Wildcat Canyon, Baizel said. "I understand the need for flexibility, but I totally agree with the standards."

Tencza responded, "There are still property rights to consider."

Baizel countered, "My life is more important than somebody else's right to build where it's stupid."

Planning commissioners approved the draft standards with the placeholder for driveways serving more than three homes and a request for more clarity about curves before the standards go to the county commissioners.