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HomeMy WebLinkAbout5. Application NarrativeREQUEST TO VACATE A PORTION OF COUNTY ROAD 106 Colorado Rocky Mountain School (CRMS) is requesting the County vacate a short segment (1,233 feet) of a public road (CR 106) which bisects its campus. This portion of CR 106 was closed to vehicular use in 1979, and is used only for pedestrian and bicycle purposes by a small fraction of the general public. It does not provide any access to public land nor does it abut or connect to any property that is a public park, recreational area, or trail. In place of the vacated road segment, CRMS is willing to establish a pedestrian/bike trail that serves the same purpose. Historically, CR 106 provided access from Main Street in Carbondale to Satank. We cannot locate any document that establishes the County's interest in this portion of Road 106; therefore CR 106 was likely established as a public road through prescription. See, e.g., C.R.S. § 43-2-201(1)(c) (adverse use for 20 years); C.R.S. § 43-1-202 (open in 1921). In any event, CR 106 appears on the 1910 Glenwood Springs to Carbondale Road Map on record with the County's GIS Department (attached as Exhibit A). Colorado Rocky Mountain School (CRMS) was opened in 1952 when its founders purchased twelve acres on the west side of Road 106. In 1956, the Bar Fork Ranch property on the east side of Road 106 was acquired through a gift to the School. After this generous donation, the CRMS campus became divided by the portion of CR 106 immediately south of Satank. In 1977, CRMS proposed to Garfield County that the School would convey to the County a strip of land to create an alternative road to provide access to Satank. In exchange, the County would abandon that portion of Road 106 that divided the CRMS campus. The attached letters (Exhibit B) from CRMS to Garfield County officials dated April 12, 1978, October 18, 1979, and October 23, 1979 set out the general terms of that proposal. On December 3, 1979 the Board of County Commissioners formally considered the proposal and agreed to restrict CR 106 through the CRMS campus to non -motorized traffic and to participate with CRMS in constructing a new, alternative road. (See Minutes of the Board of County Commissioners' meeting held December 3, 1979 and letter from the County Commissioners to CRMS dated April 10, 1980, attached as Exhibit C). Under this agreement, Delores Way was constructed in 1980. CRMS paid for a substantial portion of constructing the road. The portion of Road 106 that passed through the CRMS campus was closed to vehicular traffic and the pavement was removed. In 1981, CRMS deeded to Garfield County the right-of-way for the alternative Satank access road, the road now known as Delores Way. (See Deed attached as Exhibit D). Since 1979, Delores Way has proven itself to be a much better access route to Satank. The reasons the County did not completely abandon the roadway in 1979 were: (1) to preserve the corridor if the school ever relocated, and (2) for cattle drives—both of which are no longer concerns. Thereafter, the CRMS campus was divided not by one public right of way but by two. Since that time the southerly portion of the closed road has served as the main entryway into CRMS. The northerly portion of the closed road is used by CRMS to access its buildings on the north portion of the campus. The northerly terminus of the road proposed for vacation has been blocked by the Delores Way right-of- way fence since 1980. There is, however, a gated entryway into CRMS north of the road to be vacated, which provides emergency vehicular access into the CRMS campus from the north. All of these features may be discerned on the attached Exhibit Map (Exhibit E). Since the closure of the road through campus, members of the public have from time to time cut across CRMS property along various routes including the alignment of the old road on foot or on bicycle. The results of the attached traffic study indicate fewer than 20 pedestrian or bicycle trips occur per day by individuals not associated with CRMS (i.e. students, employees). Attached as Exhibit F is a traffic study. CRMS was concerned about its inability to control activity through its campus in the 1960s and 70s. These concerns led CRMS to consider relocating to Old Snowmass in the 1980s. Though CRMS has matured, improved, and is now healthier than ever in the Carbondale area of Garfield County, our concerns are also greater than ever considering population growth, changing societal norms, and the realities we face in the 21St century CRMS believes that any objections can be mitigated for the benefit of all affected parties in the Carbondale and Satank area community. With this application, CRMS is proposing a new bicycle and pedestrian route that provides a satisfactory alternative, if not an improvement, to the current route through the CRMS campus. See attached Exhibit G. Starting at the southern edge of the Satank neighborhood, the new path will run to the east and connect with the Town of Carbondale's path that terminates at the Town boundary. The existing Town path continues southeast and will connect with a new path running south on the west side of SH 133 to main street. The new path on the west side of SH 133 will be a component of the improvement plan that will begin in spring 2014. See attached Exhibit H. In combination, the new paths will provide a safe and desirable route between Satank and the intersection of SH 133 and Main Street. Regardless of the outcome of this application, CRMS has no present intention of closing its campus to prevent neighbors from passing through on foot or bicycle during daylight hours. CRMS will also establish an emergency route through its campus to provide access, including vehicular, for its neighbors in Satank should there be an incident such as a serious accident or gas leak that causes the closure of Delores Way. See Exhibit I. The Garfield County Sherriff, Carbondale Police Department, and Carbondale Fire Department have permission to use this route even for non-CRMS related emergencies. We will also execute any necessary utility easements to ensure the Town of Carbondale and others may maintain utilities in the proposed vacation area. Attached are responses from the various utility holders to our notice of filing this application. See Exhibit J. CRMS suggests the following conditions of approval: a) The bicycle / pedestrian access route is constructed in substantial compliance with the route depicted on Exhibit G, which route is a satisfactory alternative route to the proposed vacation. b) CRMS shall install and maintain the fencing and landscaping features of the new bicycle / pedestrian access route which are located outside the County right-of-way c) CRMS shall establish a temporary emergency route to provide access for users of Delores Way in the event that a serious incident closes Delores Way. d) CRMS shall provide evidence that it has executed sewer utility easement with the Town of Carbondale and other utilities currently in place. CRMS is a vital member of the community providing economic and intrinsic benefits in the greater Roaring Fork and Grand Valley area. Including capital improvements, CRMS has contributed roughly $6.5 million dollars annually to the Garfield County economy over the past five years. CRMS also provides many other benefits to the community including its donation of a conservation easement protecting 19 acres of riparian habitat, maintaining its open space and view planes, hosting community events, educating local students, granting a bike trail easement to the Town of Carbondale, granting an access easement to Carbondale Community School, and many more. By approving this application the Board of County Commissioners will be supporting the safety and security of CRMS students, the longevity of CRMS, and thereby all the benefits it provides to the citizens of Garfield County.