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HomeMy WebLinkAbout8.B Statement Addressing Road Vacation CriteriaSTATEMENT ADDRESSING ROAD VACATION CRITERIA Applicant hereby provides this statement addressing the review criteria set forth in the Garfield County Land Use Code in Section 4-108(c), applicable to requests for vacation of a county road or public right of way. 4-108. VACATION OF A COUNTY ROAD OR PUBLIC RIGHT OF WAY. 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). 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. 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. Applicant's request satisfies the criteria set forth above. 1. This portion of CR 106 does not provide access to public lands. It runs entirely through private property owned by the Applicant. Additionally, the road is currently closed to vehicular access. In any event, there is now a vibrant public road system around the CRMS property. 2. Second, this portion of CR 106 does not abut or connect to any public park, recreational area, or trail. Again, public roads and trails provide reasonable alternative access to both sides of the CRMS property. 3. This portion of CR 106 is currently used as a public right of way, but only for pedestrian and bike purposes. In any event, Applicant has committed to provide a comparable satisfactory alternative bike/pedestrian path along Dolores Way (See Tab 5(G) in the Application).