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).