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HomeMy WebLinkAbout2.0 Staff Report05.05.2008Exhibits for BOCC Public Hearing held on May 5, 2008 A Garfield County Zoning Resolution of 1978, As amended B Garfield County Comprehensive Plan of 2000 C Staff Memorandum D Application E Email from Pitkin County Planning Department dated 2/4/08 F Email from CDOT dated 2/3/08 G Email from County Sheriff dated 2/4/08 H Email from County Road and Bridge dated 2/5/08 I Letter from Resource Engineering dated 2/6/08 J K L M N AFFIDAVIT OF POSTING PUBLIC NOTICE THE UNDERSIGNED, BEING FIRST DULY SWORN, DOES HEREBY ATTEST THAT A PUBLIC NOTICE CONCERNING THE MATTER DESCRIBED BELOW WAS POSTED PROMINENTLY UPON THE PROPERTY DESCRIBED BELOW NO LESS THAN THIRTY (30) AND NO MORE THAN SIXTY (60) DAYS PRIOR TO TIIE HEARING DATE LISTED BELOW AS REQUIRED BY THE GARFIELD COUNTY CODE. Legal Description See the attached legal description Practical Description CR 118 (Mt. Sopris Ranch Road) is located generally in the NW %a of Section 10, Range 88 West, Township 8 South in Garfield County, approximately 'A mile south of the Town of Carbondale directly west of State Highway 113. Request Description The Applicant requests approval to vacate a portion of County Road 118 (Mt. Sopris Ranch Road. A public hearing on the application has been scheduled for Monday, May 5th, 2008, at 1:15 P.M., in the County Commissioners-ChambersGarfield County Plaza Building Suite -100, 108 8th Street, Glenwood Springs, Colorado. STATE OF COLORADO ) ss. County of Garfield I, John F. Neiley, being first duly sworn upon oath, depose and state that the statements set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. Subscribed and sworn to before me this 5�. day of May, 2008, by John F. Neiley. My Commission Expires: /?-lay Notar j!Public v,: EXHIBIT NAP OF: COUNTY ROAD NO. 118 CENTERLINE SHEET 1 OF 2 CENTERLINE DESCRIPTION A RIGIIT-OF-WAY SITUATED IN SECTION 10, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE SIXTII PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE 27.18 FOOT WITNESS CORNER FOR THE. SE CORNER OF SAID SECTION 10, A FOUND 3" 1969 COUNTY SURVEYOR BRASS CAP IN PLACE, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE TO A BEARING OF N.00°15'39"W. BETWEEN SAID SECTION CORNER AND THE NORTHEAST CORNER OF SECTION 10, A FOUND STONE MONUMENT IN PLACE; TIIENCE N.38°56'30"W., A DISTANCE OF 2035.73 FEET TO A POINT ON TIIE EASTERLY BOUNDARY OF PARCEL I AS DESCRIBED IN TIIE DEED RECORDED AS RECEPTION NO. 711698 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER, GARFIELD COUNTY, COLORADO, SAID POINT ALSO BEING ON THE COLORADO DEPARTMENT OF HIGHWAYS FEDERAL AID PROJECT NO. 5 0163(2) AND A PARCEL DESCRIBED IN THE DEED RECORDED AS BOOK 320 PAGE 492 IN SAID RECORDS, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PARCELS AND SAID PROJECTA DISTANCE OF 13.59 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 25°56'47" (CHORD BEARS N.14°53'54"W., A DISTANCE OF 13.47 FEET); THENCE N.01 °55'30"W., A DISTANCE OF 25.11 FEET; TI IENCE N.00°02'1 I "W., A DISTANCE OF 40.95 FEET THENCE A DISTANCE OF 23.01 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 06°35'32" (CHORD BEARS N.03°19'57"W., A DISTANCE OF 23.00 FEET); THENCE N.06°37'43"W., A DISTANCE OF 85.38 FEET THENCE A DISTANCE OF 29.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08019139" (CHORD BEARS N.10°4733"W., A DISTANCE OF 29.04 FEET)' THENCE N.14°57'22"W., A DISTANCE OF 43.43 FEET; THENCE N.17°14'21 "W., A DISTANCE OF 101.80 FEET; THENCE N. 12°25'15"W., A DISTANCE OF 127.88 FEET; THENCE N.14°14'57"W., A DISTANCE OF 202.88 FEET; THENCE N.20°08'04"W., A DISTANCE OF 266.42 FEET; THENCE A DISTANCE OF 204.96 FEET ALONG TIIE ARC OF A NON TANGENT CURVE TO TIIE LEFT HAVING A RADIUS OF 200.00 FEET AND A CEN3'RAL ANGLE OF 58°43'05" (CHORD BEARS N.49°25'16"W., A DISTANCE OF 196.11 FEET); THENCE N.78°46'48"W., A DISTANCE OF 197.89 FEET THENCE A DISTANCE OF 159.85 FEET ALONG TIIE ARC OF A CURVE TO THE RIGI IT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 76° 19'19" (CHORD BEARS N.40°37'09"W., A DISTANCE OF 148.29 FEET); THENCE N.02°52'33"W., A DISTANCE OF 235.25 FEET; THENCE N.00°29'08"W., A DISTANCE OF 130.14 FEET; THENCE N.02°39'27"W., A DISTANCE OF 208.13 FEET; THENCE N.04°20'19"W., A DISTANCE OF 127.56 FEET; THENCE N.00°22'42"W., A DISTANCE OF 103.81 FEET; THENCE N.12° 19'33"E., A DISTANCE OF 128.46 FEET; THENCE 14.18°33'31"E., A DISTANCE OF 65.17 FEET THENCE A DISTANCE OF 49.1 I FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 56016134" (CHORD BEARS N.46°41'48"E., A DISTANCE OF 47.16 FEET); TIIENCE N.74°50'05"E., A DISTANCE OF 111.47 FEET THENCE A DISTANCE OF 42.95 FEET ALONG THE ARC OF A CURVE TO THE RIGI-IT HAVING A RADIUS OF 200.00 FEET ANDA CENTRAL, ANGLE OF 12°18'16" (CHORD BEARS N.80°59'13"E., A DISTANCE OF 42.87 FEET); THENCE N.87°08'21 "E., A DISTANCE OF 17.65 FEET TO A POINT ON THE BOUNDARY OF SAID PARCEL I, THE POINT OF TERMINUS, FROM WHICH SAID NORTHEAST CORNER OF SECTION 10 BEARS N.49°39'56"E., A DISTANCE OF 2,242.40 FEET. END OF DESCRIPTION COUNTY OF GARFIELD STATE OF COLORADO SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 26291 11/07/07 26198 ADJUST' DWG NEILEY & ALDER ATTORNEYS 201 North Mill Street, Suite 102 Aspen, Colorado Mt (970) 9259393 Fax (97o) 925-9396 Fred Jarman Garfield County Building & Planning Department 108 8th Street Suite 401 Glenwood Springs CO 81601 RICHARD Y. NEILEY, JR. EUGENE M. ALDER JOHN F. NEILEY May 1, 2008 Please Reply To: 6800 Highway 82, Suite 1, Upper Level Glenwood Springs, Colorado 816oi (970) 928-9393 Fax (970) 928-9399 VIA Email — Fredjarman@garfield-county.com Re: PETITION TO VACATE A PORTION OF COUNTY ROAD 118 Dear Fred: This letter will update you on the three remaining issue in connection with the vacation of CRI 18. I believe all -three issues have been resolved. Road and Bridge Turn -around: The Road and Bridge Department requested that we install a cul- de-sac turn -around for the County trucks that will continue maintaining the portion of the road that will remain public. We met on site with Wyatt Keesbury on April 23r1 to discuss the necessary dimensions to satisfy the Road and Bridge Department. We have agreed to construct a turn -around at our expense in substantially the configuration shown on the attachment. We will make sure that the Road and Bridge Department is keep up to speed on the progress of the road improvements and will have them inspect it before it is finished. Wyatt stated that this solution was acceptable to the Department. Please see his attached email letter in this regard. Stover Mailbox Location: I spoke with Mr. Stover about his concems regarding the location of his mailbox. I advised him that once the turn around required by Road and Bridge was finished, he could place his mailbox anywhere he wanted within the turn -around. In the interim, we have no objection to him continuing to use the mailbox in its present location. Mr. Stover stated that he was fine with this resolution. Town of Carbondale Ditch Access: Finally, we agree to a condition of approval that would require the Petitioner to allow the Town of Carbondale to have continuing access the Bowles and Holland Ditch that crosses the Petitioner's property. We have agreed to allow the Town any access necessary for maintenance, monitoring, water measurement or any other necessary purpose. Currently, the Town's access is not obstructed by a gate or other impediment. This will likely be the case until the turn around is constructed. If access does become gated, we will provide the Town with a written access agreement in any form the Town requires to ensure that EXHIBIT z; To Whom It May Concern: I have meet with John and Bob at the construction site of the proposed turn -around on C.R. 118, and have agreed on the basic design and location of the turn -around, and have agreed that the applicant will construct this at his expense. Wyatt Keesbery District 1 Foreman Garfield Co. Road and Bridge NEILEY &ALDER ATTORNEYS 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 Fred Jarman Garfield County Building & Planning Department 108 8th Street Suite 401 Glenwood Springs CO 81601 RICHARD Y. NEILEY, JR. EUGENE M. ALDER JOHN F. NEILEY May 1, 2008 EXHIBIT 'S Please Reply To: 6800 Highway 82, Suite 1, Upper Level Glenwood Springs, Colorado 81601 (970) 928-9393 Fax (970) 928-9399 VIA Email -- Fredjarman@garfield-county.com Re: PETITION TO VACATE A PORTION OF COUNTY ROAD 118 Dear Fred: This letter will update you on the three remaining issue in connection with the vacation of CRI 18. I believe all three issues have been resolved. Road and Bridge Turn -around: The Road and Bridge Department requested that we install a cul- de-sac turn -around for the County trucks that will continue maintaining the portion of the road that will remain public. We met on site with Wyatt Keesbury on April 23rd to discuss the necessary dimensions to satisfy the Road and Bridge Department. We have agreed to construct a turn -around at our expense in substantially the configuration shown on the attachment. We will make sure that the Road and Bridge Department is keep up to speed on the progress of the road improvements and will have them inspect it before it is finished. Wyatt stated that this solution was acceptable to the Department. Please see his attached email letter in this regard. Stover Mailbox Location: I spoke with Mr. Stover about his concerns regarding the location of his mailbox. I advised him that once the turn around required by Road and Bridge was finished, he could place his mailbox anywhere he wanted within the turn -around. In the interim, we have no objection to him continuing to use the mailbox in its present location. Mr. Stover stated that he was fine with this resolution. Town of Carbondale Ditch Access: Finally, we agree to a condition of approval that would require the Petitioner to allow the Town of Carbondale to have continuing access the Bowles and Holland Ditch that crosses the Petitioner's property. We have agreed to allow the Town any access necessary for maintenance, monitoring, water measurement or any other necessary purpose. Currently, the Town's access is not obstructed by a gate or other impediment. This will likely be the case until the turn around is constructed. If access does become gated, we will provide the Town with a written access agreement in any form the Town requires to ensure that access to the ditch is maintained. We are also having our engineer and the Town's engineer meet to explore alternative alignments for the ditch to resolve a number of outstanding issues relating to the surface flow into the ditch from flood irrigation and protecting the DOW spring for the Crystal River fish hatchery. We will not have those plans finalized by the time the BOCC meets, but we may ultimately come up with a design that eliminates the access and water rights issues altogether. In the meantime, we will ensure that the Town has all the necessary access to the ditch. Other than these three matters, I am unaware of any other concerts relating to the Petition. Thanks again for contacting me so that we can address these natters prior to the hearing. If there are any other issues that come up, please do not hesitate to call me. Very truly yours, NEILEY , ALDER John P. Neiley To Whom It May Concern: EXHIBIT 1 1 I have meet with John and Bob at the construction site of the proposed turn -around on C.R. 118, and have agreed on the basic design and location of the turn -around, and have agreed that the applicant will construct this at his expense. Wyatt Keesbery District 1 Foreman Garfield Co. Road and Bridge Fred Jarman EXHIBIT 1-. From: Mark Hamilton [MEHamilton@hollandhart.com] Sent: Monday, May 05, 2008 10:00 AM To: Fred Jarman Cc: Garco; Deborah Quinn; jfneiley©sopris.net; Larry Ballenger; Tom Baker; Scott Fifer Subject: Town of Carbondale's comments re Mr. Bailey's request to vacate a portion of CR 118 south of Carbondale Hi Fred. This e-mail is to confirm our phone discussion. As you know, I serve as Town Attorney for Carbondale. The Town owns water rights in the Bowles & Holland Ditch, which ditch traverses property that has been acquired by Tom Bailey. Mr. Bailey is requesting the county to vacate a portion of an old county road that traverses his land. The Town and other users of the ditch have used this route to access the ditch historically for operation and maintenance purposes (note that, while the town owns the water rights in this ditch, these rights are used jointly by the operator of the River Valley Ranch golf course and the River Valley Ranch Master Association for irrigation purposes; the Colorado Division of Wildlife also uses this area to access the ditch in order to prevent ditch flow from entering the fish hatchery downstream due to whirling disease concerns). Consequently, if the county determines to grant the vacation request, the Town would request that: Prior to the effective date of any vacation, the applicant be required to grant the Town of Carbondale and the other owners/users of the Bowles & Holland Ditch a permanent, non-exclusive easement that will allow continued usage by these parties of the area within the subject right of way that will be vacated for ingress and egress to the ditch with motarized equipment, and continued access along the ditch bankw with such equipment, for operation, maintenance, repair and replacement of the ditch and all associated measuring devices, headgates, etc., all in accordance with historical practice. The easement document should also allow the Colorado Division of Wildlife or its designee continuing ingress and egress to and along the ditch so as to control any overflow or seepage that may otherwise impede the operation of the fish hatchery. Thanks for your consideration in this matter. Please call with any questions. I do not plan to attend today's hearing unless you otherwise request. Mark Hamilton Mark E. Hamilton Holland & Hart LLP 600 E. Main Street, Suite 104 Aspen, Colorado 81611-1991 Phone (970) 925-3476 Fax (866) 784-7682 E-mail: mehamilton@hollandhart.com HOLLAND&HART. Pig CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. 5/5/2008 MEMORANDUM EXHIBIT G REQUEST Vacate a portion of County Road 18 (Mount Sopris Ranch Road) APPLICANT Iron Rose Land & Cattle II, LLC LOCATION South of the Town of Carbondale, Co DATE May 5, 2008 I. REQUEST The Applicant requests the Board of County Commissioners (the Board) vacate a portion of County Road 118 from its intersection at the Applicant's ranch entrance back to State Highway 133. 11. GENERAL ROAD DESCRIPTION / USE Presently, CR 118 begins at the west side of the State Highway 133 (SH 133), crosses the Crystal River then turns south as it enters the applicant's property (former Perry Sopris Ranch) and generally terminates in hay fields (with some evidence that a road alignment continues on to the south to re -connect to SH 133 but is not presently travelled by the driving public). (This is illustrated in the map below where the dashed portion of the line represents the portion of CR 118 to be vacated.) Today, as one leaves SH 133 and crosses the Crystal River, CR 118 presently provides direct access to the Colorado Division of Wildlife Fish Hatchery and to this Applicant's Ranch. The Applicant requests to only vacate the portion of CR 118 that lies within his property and that serves no other property. This action would result in preserving CR 118 under County jurisdiction as it is presently used today and will not result in closing access to any other property. The Applicant provided the following centerline survey of the portion to be vacated. III. REQUIREMENTS Requirements for vacating a public right-of-way are identified in Garfield County Resolution No 2003-07, Colorado Revised Statutes §43-2-201.1 and §42-2-203. Garfield County Resolution No. 2003-07 requires that Staff refer the application to vacate any public right-of-way to the following: • County Manager • Colorado Division of Wildlife • County Attorney • Bureau of Land Management • County Road Department and Bridge • U.S. Forest Service • County Sheriff • Colorado Department of Transportation • County Surveyor • Grand Valley Fire Protection District • County Engineer • Town of Parachute Colorado Revised Statutes §43-2-201.1 s specific to the closure of a public right- of-way extending to public land, which identifies a penalty for blocking access to public lands. Anyone who intentionally blocks, obstructs, or closes any public highway extending to any public land has committed a class 1 misdemeanor. If it is the intent of a private property owner to close public right-of-way providing access to public lands the owner shall notify the Board of the proposed closure. The Board shall post notice of the proposed closure in a publication of general circulation within sixty (60) days. The Board must provide the public with eighteen months to comment on the proposed closure. IV. REFERRALS Staff received the following comments from the referral agencies indicated above: A. Garfield County Road and Bridge: "After review of their application to vacate interest in CR 118, Road & Bridge has no objections other than we request a large enough area to turn around at the gate." 2