HomeMy WebLinkAboutStaff Report 02.12.14Planning Commission, February 12, 2014
Public Hearing Exhibits -County Road 103 Road Vacation
Exhibit Exhibit
Letter
(A to Z)
A NIA
B Garfield County 2013 Land Use and Development Code, as amended
c Garfield County Comprehensive Plan 2030, as amended
D Application
E Staff Report
F Staff Presentation
G Email dated January 22, 2014 from Mike Prehm, Road & Bridge
H Email dated January 29, 2014 from Dan Roussin, CDOT
I Email dated January 30, 2014 from Chris Hale, Mountain Cross Engineering
J Letter dated October 29, 2013 from Devin Drayton, CDOT Construction Manager
(with attachments)
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TYPE OF REVIEW
APPLICANT
REPRESENTATIVE
LOCATION
PROJECT INFORMATION
Planning Commission
February 12, 2014
RVAC7785 -KE
Vacation of a portion of County Road -CR 103, Crystal Springs
Crystal Ranch Corp. & Clifford Cerise Ranch Co . LLLP
The Land Studio, Inc. -Doug Pratte
1. 78-miles east of the Town of Carbondale , north of SH 82
I. DESCRIPTION OF THE PROPOSAL AND LOCATION
The Applicants are requesting that certain portions of County right-of-way for CR 103, Crystal Springs, be
vacated due to a re-alignment of the roadway. The intersection was reconstructed last year with the
road surface being relocated outside of the historic right-of-way (ROW). In addition to the request for
vacation of the now unnecessary ROW the Applicants reque st that the Board of County Commissioners
accept the re-aligned roadway and will provide ROW easements for the new road location . The
Applicants are also creating utility easements though no utilities were legally or physically affected by
the realignment of the road .
Planning Commission
February 12, 2014
RVAC7785 -KE
These road and intersection improvements were required as a condition of approval for the Power's Pit
application to continue operation of a concrete batch plant, Reso l ution 2011-77, as follow:
iii . County Rood 103 and State Hiibway 82 lmptovements •. The
Applicant shall work wtth .Colonldo Department ofTramportation .and
C.ounty Road and Bridge to ·detenlline the nece~sity of any additional road
improvements, including but not limited to tum lanes,
deoelorationlaceeleration lanes, ana drainage improvements. A copy of an
apliroved Colo~o Department of Transportation ~es11 permit shall be
provided to the Planning Department. ·
iv. Improvements Agreement. The Applicant shall desig0, engineer,
construct and provide adequate · fi.Dancial socurity for any work to be
completed on Co.unty Road ] 03,· hi a form as required by the Cowity and
pursuant to the Oarfleld County Road and Right-of-way Reaulations.
e. The applicant shall ~ to the ColD1ty all portions of County"Road l 03 that fall
upon or cross the Crystal Ranch Corp. ~rty.
A 'Road Construction Agreement For Construction of Improvements to County Road 103' was signed by
the Board of County Commissioners and the Applicant on May 6, 2013.
The Power's Pit is located on the west side and the Cerise Ranch Gravel Pit is located on the east side of
CR 103. Pre -construction conditions at the site are shown in a GIS aerial map below, with the Power's
Pit property outlined in blue .
Planning Commission
February 12, 2014
RVAC7785 -KE
. Ownership of remamrng land contained within this intersection includes Colorado Department of
Transportation (highlighted in yellow) and Clifford Cerise Ranch Co, LLLP to the east.
A Title Commitment was included in the submittal materials which indicate s that there has been no
conveyance of property or an easement for that portion of the road that crosses Crystal Ranch Corp
property. Further, the commitment does indicate that an easement deed conveying interest to Garfield
County from the Clifford Cerise Ranch Co, LLLP does exist at Reception No. 454977 in the Clerk's records.
The realignment of the intersection was not located within the deeded easement on Clifford Cerise
Ranch Co, LLLP property and a new ROW must be created for that portion of the road within the Crystal
Ranch Corp property. This is being done in conjunction with the vacation of the ROW that is no longer
necessary due to the realignment.
The 2013 Land Use and Development Code, as amended (LUDC) contains regulations for the vacation of
a County Road based upon provisions contained in §42 -2-301 C.R.S . which require Planning Commission
recommendation to the Board of County Commissioners on the vacation of the road, as well as a
companion Location and Extent review to determine general conformity with the Comprehensive Plan .
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Planning Commission
February 12, 2014
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Ill . REFFERAL AGENCY COMMENTS
Submittal documentation was forwarded to the following agencies for review and response.
Comments have been received from:
Garfield County Road and Bridge: Exhibit G
Exhibit H
Exhibit I
Colorado Department of Transportation:
Mountain Cross Engineering:
IV. APPLICABLE REGULATIONS
SECTION 4-101. 4-108. VACATION OF A COUNTY ROAD OR PUBLIC RIGHT OF WAY.
A. Overview .
1. Applications to vacate a County road or public right-of-way shall be reviewed
and a recommendation made by the Planning Commission, and decided by the
BOCC.
2. The provisions of C.R.S. § 43-2-301, shall control all vacation proceedings
considering a petition to vacate or abandon the entire width of any County road
or public right-of-way. The provisions in this Code are in addition to a ll other
requirements of State law.
B. Review Process.
Applications to vacate a County road or public right-of-way shall be processed according to
Table 4-102, Common Review Procedures and Required Notice, with the following
modifications:
1. Pre -app li cation Conference. The Director may waive the pre-application
conference.
2. Review by Referral Agency. Staff sha ll request that referral agencies address the
following:
a. Whether the property is or is likely to be necessary or desirable for any
public purpose within the reasonably foreseeable future;
b. Any term, condition, reservation, or dedication of any easement or
interest in the property necessary or desirable for public purposes and
permitted by law; and
c. Any other comment relevant to the County road or public right-of-way.
3. Planning Commission Review and Recommendation. The Planning Commission
sha ll review all applications or petitions to vacate a County road or public right-
of-way pursuant to the provisions of C.R.S. § 30 -28-110{1)(d ).
a. The Planning Commission sha ll conduct its review of the petition or
application to vacate a County road or public right-of-way at a Public
Hearing without required notification other than inclusion in a posted
agenda.
b. The date established for initia l review by the Planning Commission sha ll
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February 12, 2014
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be considered the date of submission pursuant to C.R.S. § 30-28-110.
c. The Planning Commission may continue consideration of the application
until the next regularly-scheduled Planning Commission meeting. Under
all circumstances, it shall conclude its review and render its decision and
recommendation to the BOCC within 60 calendar days of submission.
d. The decision of the Planning Commission shall be considered a
recommendation, not a final action on the request.
4. BOCC Review and Notice. The BOCC shall conduct its review pursuant to the
provisions of C.R.S. § 43-2-301, et seq., and the requirements of this Code. The
BOCC review and decision shall be considered a legislative act.
a. Hearing Notification. Action of the BOCC shall be pursuant to a Public
Hearing. Mailed and published notice shall be provided according to
section 4-101.E.
b. Published Notice. Published notice shall include a statement that a
resolution to vacate the subject County road or public road right-of-way
will be presented at the hearing.
c. Hearing Information. During the Public Hearing before the BOCC, the
Applicant shall provide a form of resolution vacating the subject County
road or public right-of-way that is prepared by the Applicant and
reviewed and approved by the County Attorney's Office prior to the
BOCC hearing.
5. BOCC Decision. The BOCC may approve, approve with conditions, or deny the
application pursuant to section 4-101.G., or take any of the following actions:
a. Continue the Hearing. The BOCC may continue the Public Hearing as it
deems necessary to receive all information the BOCC deems relevant.
Any continuation must be to a date certain with a decision to approve
or deny the resolution vacating the County road or public right-of-way
occurring within 90 calendar days of the initiation of the Public Hearing.
b. Modified Resolution. The BOCC may elect to approve a resolution
vacating a County road or public right-of-way in a form modified or
altered from that presented. In that event, the BOCC shall specifically
direct staff to make alterations to the resolution by a motion specifying
those alterations. Such motion shall also include a continuance to allow
staff to revise the resolution and present it in final form as part of the
continued Public Hearing.
c. Final Action. No final action on a petition or application to vacate a
County road or public right-of-way shall occur until a resolution has
been considered at a Public Hearing, signed by the chair of the BOCC,
pursuant to motion, and recorded with the Garfield County Clerk and
Recorder.
d. Vested rights. No rights shall vest in the vacated right-of-way until final
action of the BOCC has occurred, including recording of the vacation
resolution under C.R.S. § 43-2-301, et seq.
6. Subsequent Action. Subsequent to recording a resolution vacating a County
road or public right-of-way, the Road and Bridge Supervisor shall delete the
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Planning Commission
February 12, 2014
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roadway or portion of roadway from all County road maps submitted to the
State of Colorado and all reports submitted to the State claiming the road or
right-of-way as a County road .
C. Review Criteria.
A petition or request to vacate a County road or public right-of-way may be approved so long as
it meets the following criteria. However, meeting these criteria does not preclude the BOCC's
denial of a petition or application for any other reason .
1. The subject County road or public right-of-way does not provide any access to
public lands (for the purpose of this subsection, public land shall mean any
property owned by the Federal government or the State of Colorado).
Staff Comment : CR 103 does provide access to public land however that access
will not be adversely affected by the vacation of ROW and subsequent
acceptance of ROW by the Board of County Commissioners.
2. The subject County road or public right-of-way does not abut or connect to any
property, including any easement owned by the Federal government, State of
Colorado, municipality, County, or special district, where such property or
easement constitutes a public park, recreational area, or trail.
Staff Comment: The right -of-way that is requested to be vacated will be
relocates so there will be no impact to public parks, recreation areas or trails .
3. The subject County road or public road right-of-way is not currently used nor
will it be used in the future for any County road or public right-of-way purpose
unless the BOCC makes a specific finding that a satisfactory alternative route for
the existing or future County road or public right of way purpose is available or
will be provided .
V. FINDINGS
Staff Comment: There will be not impact in use of the county road as it currently
exists.
1. That proper public notice was provided as required for the hearing before the Board of County
Commissioners .
2 . That the hearing before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted or could be submitted and that all interested
parties were heard at that meeting.
3 . That for the above stated and other reasons the request to vacate portions of County Road 103 is in
the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of
I
Garfield County ..
Planning Commission
February 12, 2014
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4. That the application has adequately demonstrated that the road vacation is compliant with the
regulations required by the Garfield County 2013 Land Use and Development Code, as amended .
5. That the application is generally consistent with the Garfield County Comprehensive Plan 2030, as
amended.
VII. PLANNING COMMISSION DELIBERATION AND DECISION
Staff recommends that the Planning Commission recommend approval of the application to vacate
portions of the right-of-way of CR 103, Crystal Springs, as requested
EXHIBIT
I &
From:
To:
Subject:
Date:
Kathy,
Michael Prehm
Kathy A. Eastfey
County Road 103 • Crystal Springs
Wednesday, January 22, 2014 2:56 :16 PM
I have reviewed the material submitted to vacate and dedicate the re-alignm ent of County Road
103 with State Highway 82. We have no concerns . It is acceptable to Road & Bridge .
If you have any questions pl ease don 't he sitate to contact me.
Sincerely,
Mike Prehm
Garfi eld County Road & Bridge
Foreman/Glenwood District
(970) 945-1223 Office
(970) 945-1318 Fa x.
(970) 618-7109 Cell
From:
To:
Subject:
Date:
Roussin -COOT. Dan iel
Kat hy A East!ey
Extent/Road Vactlon of CR 103
Wednesday, January 29, 20 14 9:57 :52 AM
EXHI BIT
I H
Kathy -COOT doesn't have any comments on the vacation of section of 103 sin ce
the County Road 103 got realigned .
thanks
Dan Roussin
Region 3 Permit Unit Manager
State of Colorado, Colorado Department of Transportation
222 South 6th Street, Room 100, Grand Junction , CO 81501
office: 970.683.6284 Jfax: 970.683.6290
email : danjel.roussjn@state.co.us
January 30, 2014
Ms. Kathy Eastley
Garfield County Planning
108 81h Street, Suite 401
Glenwood Springs, CO 81601
MOUNTt\IN CR05S
fN<iINff RIN<i, INC.
Civil and Environmental Consulting and De sig n
EXHIBIT
I-
RE: CR 103-Crystal Springs, Road Vacation: RVAC-7785
Dear Kathy:
This office has performed a review of the documents provided for the Road Vacation Application
for CR 103 by the Crystal Ranch, Corp. The submittal was found to be thorough and well
organized. The following comment was generated:
• The application materials do not provide anything to show that the improvements to the
intersection of Hwy 82 and CR 103 have been completed to the satisfaction of Garfield County
and CDOT. The Applicant should provide evidence as to the completeness and acceptance of
the intersection construction.
Feel free to call if you have any questions or comments.
Chris Hale, PE
826 'h Grand Avenue , Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
EXHIBIT
_____ STATE OF COLO
DEPARTMENT OF TRANSPORTATION
Region 3 Traffic & Safety
222 South 6111 Street, Room 100
Grand Junction, Colorado 81501
(970) 683·6284
October 29, 2013
Lafarge West
Attn : Bill Al1asmith
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
RE: PROJECT COMPLETION CERTIFICATE OF ACCEPTANCE, ACCESS
PERMIT's NO 312039, LOCATED ON STATE H1GHW AY 082A, NEAR MILEPOST
13.49L IN GARFIELD COUNTY
Dear Pem1ittee or Applicant
Tbe Colorado Department of Transportation (CDOT) has accepted tbe ce11ification of the
Colorado Registered Profes sional Engineer in Responsible Charge of Construction
Observation that to the best of their knowledge and belief, Lhe construction of the access to the state
highway is in compliance with the specifications, terms and conditions of Acces s
Pennit No 312039 .
Tbe pennittee, his or her heirs, succes sor s-in-interest, assigns, and occupants of the prope1ty
J
seIViced by the access shall be responsible for meeting the tem1s and conditions of the permit. If any
construction element fails due to improper construction or material specifications, the pennittee shall be
responsible for all repairs. Failure to make such repairs may result in suspension of the permit and
closure of the ac cess .
You are advised that your 2-year wruTanty pe1iod begins from the date of project completion , in
accordance with the pennit terms and the Access Code. You (the pennittee/owner) are advised that the
date of acceptance is October 29, 2013.
If you have any questions, please contact me .
Sincerely,
Devin Drayton
Region 3 Construction Manage1·
cc : File
Yanci Nichol, PE -Sopris Engineering
Stephanie Helfenbein, Sopris Engineering
Mr. Devin Drayton
Construction Manager
COOT Region 3 -Traffic and Safety
222 South 6th St., Room 100
Grand Junction, CO 81501
RE: CR 103/Hwy 82 -C ertificate of Completion for COOT Access Permit #312039
SE Job #: 12138.01
Dear De vin :
Octobe r 28, 201 3 I
This letter is written to formally notify CDOT of the completion of the CR 103/SH 82 Intersection which was
constructed under the CDOT Access Permit number 312039.
We conducted a preliminary walk thru on September 12, 2013 and created a small punch lis t based on that
walk thru . You had a final walk thru on October 22, 2013 and agree with Sopris Engineering t ha t all required
improvements, including the final punch list items are complete and in place. Therefore, to the best of my
knowledge, the construction was completed in accordance wi th the intent of the COOT approved plan s and
specifications dated March 15, 2013.
Per the co nditi ons of our access permit(s), enclosed with th is letter is a "Compliance of Construction and
M aterial s" from CTL Thompson , In c. dated October 24, 2013 for your re cords.
Thank you for taking the time to conduct si t e visits and working closely with ou r team on thi s project. The
project wa s a great success th anks to all of the effort put into it by all players, Including you and others at
COOT.
I appreciate you r help, and I will look forward to receiving the CDOT's l etter of approva l to start the two
year warrant y period.
Sincerely,
Principal
Cc: Kent Harbert·CDOT, Stephan ie Helfenbeln·Soprls Engineering, Bill Arrasmlth·LaFarge, Mike Termentozzl·Unlted Com panies ,
Art Dally-Holland and Hart, Mike Prehm -Garfield County
Enc(s): ·Compliance of Co nstru ctio n of Materials from CTL Thompson Dated 10/24/13
I 502 Main Street • Suit e A3 o Carbond al e, CO 81623 o (970) 704-0311 o Fax (970) 704-0313
SOPRIS ENGINEERING • llC civil consu lt ants
October 24, 2013
Sopris Engineering, LLC
502 Main Street
Carbondale, CO 81623
Attention: Ms. Stephanie Helfenbein
Subject: Compliance of Construction
and Materials
State Highway 82 and
Garfield County Road 103
Garfield County, Colorado
Project No. GS05464-345 and 355
CTL I Thompson, Inc. has provided construction observation and materials
testing for work performed for the new intersection of State Highway 82 and Garfield
County Road 103. The work consisted of aggregate base course (ABC) placement
and hot Bituminous asphalt pavement.
Our construction observations for ABC began on July 8, 2013 (Daily Report
No. 30) and concluded on August 7, 2013 (Daily Report No. 43). Asphalt testing
began on July 25, 2013 (Report No. 1) and concluded on August 7, 2013 (Report
No. 7).
In our opinion, the items observed and tested are in general conformance
with the project and Colorado Department of Transportation specifications. We
appreciate the opportunity to work with you on this project. If you have questions or
we can be of further service, please call.
Very truly yours,
CTL I THOMPSON, INC.
&/V~~rv.~;
Dan Downing
Laboratory/Field Manager
DD:JM:cd
cc: Via email to stephanie@sopriseng.com
234 Center Drive I Glenwood Springs, Colorado 81601
Telephone: 970-945-2809 Fax: 970-945-7411
n echling, P.E.
ranch Manager