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HomeMy WebLinkAbout5.0 Resolution 2014-26■Ilf ����l:?��4��',I4l�i«il� hi'i�rkl��11� � �r���h+�1ak1'�'i��r�� 1 III Receptionkt: 849380 05/20/2014 03 13 36 PM Jean Alberico 1 of 4 Rec Fee $0 00 Doc Fee'C 00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 5h1 day of May A.D. 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. Z0141 '- Z tv A RESOLUTION OF APPROVAL OF AN APPEAL OF THE PLANNING COMMISSION DENIAL OF A LOCATION AND EXTENT APPLICATION FOR THE VACATION OF A PORTION OF COUNTY ROAD 106 (CASE NO. LAEA-7811) PARCEL NO# 2393-331-00-012 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received an appeal of the Planning Commission denial of a Location and Extent Application for the vacation of a portion of County Road 106. B. The Appeal was filed by Colorado Rocky Mountain School Inc. (Applicant) the applicant for the Location and Extent Review. C. The proposed vacated portion of the right of way is located within unincorporated Garfield County, approximately 1/4 mile west of the Town of Carbondale. It is that portion of County Road 106 running through the Applicant's property, approximately 1,223 ft. in length and 60 ft. in width. It is located in the general vicinity of 1493 County Road 106. The right of way requested to be vacated is described in Exhibit "A." 1 4 Reception4: 849380 05f20/2014 03 13 36 PM Jean plberico 2 of 4 Rec Fee $0 00 Ooc Fee 0 00 GORPIELD COUNTY CO D. The Planning Commission Denial of a Location and Extent for this proposed vacation was formalized by the Planning Commission Resolution PC -2014-1. E. Pursuant to C.R.S. Section 30-28-110(1)(b), the Board has the power to overrule the Planning Commission's disapproval of the Location and Extent Review by a vote of not less than a majority of its entire membership. F. The Board of County Comrnissioners opened a public hearing on the 5th day of May, 2014 for consideration of whether the requested Appeal should be approved or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Comrnissioners closed the public hearing on the 5th day of May, 2014 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 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 hearing. 3. That for the above stated and other reasons, approval of the Location & Extent request for a portion of County Road 106 is in the best interest of the health, safety, and welfare of the citizens of Garfield County. 4. That the Location and Extent request has been determined to be in general conformance with the Comprehensive Plan 2030, as amended. 5. That the Location and Extent request is in conformance with the Review Criteria contained in Section 4-111, Location and Extent of the Garfield County Land Use and Development Code, as amended. 6. The determination of General Conformance is based on the Applicant's representations in their Application submittal and at the public hearing before the Board of County Commissioners. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 2 11!! R/I AVINTU ¥' IANW TIVAliliiiii'i'ri 11 Reception#: 849380 05/20/2014 03:13:36 PM Jean Gllberico 3 of 4 Rec Fee $0 00 Doc Fee:0 00 GARFIELD COUNTY CO 1. The foregoing Recitals are incorporated by this reference. 2. That the Location and Extent review of the proposed vacation of a portion of County Road 106 is more particularly described on Exhibit A attached hereto and incorporated herein by this reference. 3. The disapproval of the Location and Extent by the Planning Commission is hereby overruled based on the Applicant's representations. The Location and Extent for the proposed vacation of County Road 106 is approved. Dated this ATTEST: erk of the Board 14- (� day of , A.D. 20 t 4 ARFIELD i r' TY BOARD OF OMMISSI S ERS, GARFIELD UNTY, C Upon motion duly made and seconded the forego following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY o utio was adopteSYby the , Nay , Aye , Aye STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 3 1111 Nr /11.110s',Mi,I.hArf'41 1I II 1 Recepkiontt: 849380 05/20/2014 03:13:36 PM Jean Alberico 4 of 4 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO EXHIBIT A 1,egal Description CR 106 CRMS Vacation A portion of Garfield County Road #106 being a strip of land Sixty (60) feet in width situated in portions of Government Lot 15, Section 28 and Government Lot 3, Section 33 all in Township 7 South, Range 88 West of the 6`h Principal Meridian, all in Garfield County, Colorado and more particularly described as follows: Said Strip of land being sixty (60) feet in width with thirty (30) feet lying an each side of the following centerline description, the exterior lines of said strip are to be shortened or lengthened to form a continuous step exactly sixty (60) feet in width: Beginning at a point on the centerline of said County Road #106 also being a point on the northerly limit of the County Road # 108 right-of-way from whence the S1/4 Corner Section 28 bears N06°50'08"E a distance of 1084.18 feet; thence the following three (3) courses along the centerline of said County Road #106, N24°01' 11"W a distance of 316.30 feet; thence 126.69 feet along the arc of a curve to the right having a radius of 300.00 feet a central angle of 24°11'49" and a subtending chord bearing N 1 1 °55' 17"W a distance of 125.76 feet; thence N00° 10'37" E a distance of 917.07 feet to a point on the southerly limit of that right- of-way as described in Book 681 at Page 692 from whence said S1/4 Corner Section 28 bears S48°02'43"E a distance of 377.76 feet, said strip of land contains 1.89 acres more or less. 4 rdriliM 50ill'ildrlielf0,61WOAL1014 it II! Reception#: 848029 04/09/2014 03 19 06 PM Jean Alberico 1 of 4 Pec Pee•$0 00 Doc Fee 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) At a regular meeting of the Planning Commission for Garfield County, Colorado, held in the Commissioners' Meeting Room at the Garfield County Plaza Building, 108 8th Street, in Glenwood Springs, Colorado, on Wednesday, the 12th day of February, 2014, there were present: Bob Fullerton John Kuersten (absent) Sean Martin Greg Shaner Greg McKennis Keith Lammey Stephen Damm Michael Sullivan Eric Rudd Wendy Haskins Kelly Cave Brooke Wiening , Commissioner, Chairman , Commissioner, Vice Chair , Commissioner, Secretary , Commissioner , Commissioner , Commissioner , Commissioner , Associate Commissioner , Associate Commissioner , Associate Commissioner , Assistant County Attorney , Clerk to the Commission when the following proceedings, among others were had and done, to wit: RESOLUTION NO. PC -2014- Q A RESOLUTION CONCERNED WITH A LOCATION AND EXTENT APPLICATION FOR THE VACATION OF A PORTION OF COUNTY ROAD 106 (CASE NO. LAEA-7811) Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. Pursuant to law, the Board of County Commissioners of Garfield County has appointed the Garfield County Planning Commission (the Commission). C. Colorado Rocky Mountain School Inc. (CRMS) the "Applicant", has applied to the Planning Commission as Case No. LAEA-7811 (the "Petition") for Location and Extent Review for the pro- posed vacation of portions of the County Road 106 Right -of -Way. The proposal requests vacation of that portion of the right-of-way that extends through the CRMS campus, approximately 1,223 ft. in length and 60 ft. in width extending from County Road 108 to a point of intersection with Dolores Way. D. The affected right-of-way is located in the general vicinity of 1493 County Road 106 and is more fully described on the attached Exhibit A. 4 1111 kll'araNt Witr,i Iirtr' 1/41FI Ea ICN MA11111 Reception#: 848029 04/09/2014 03:19:06 PM Jean Alberico 2 of 4 Rec Fee $0 00 Doc Fee 0.00 GARFIE_D COUNTY C0 E. Pursuant to Section 4-111 (C) of the Garfield County Land Use and Development Code, as amended, and C.R.S. § 30-28-110(1)(d) the Commission is required to review the location and ex- tent of the road vacation to determine whether the road vacation and improvements are in general conformance with the County's Comprehensive Plan of 2030, as amended (the Comprehensive Plan) and its Master Plan. F. In accordance with state law, the Planning Commission has adopted a Master Plan. The Master Plan applicable to this Petition is the Comprehensive Plan. G. The Commission opened a public hearing on February 12, 2014 upon the question of whether the proposal is in general conformance with the Comprehensive Plan. H. The Commission closed the public hearing on February 12, 2014 to make a decision on the request. I. The Commission, on the basis of substantial competent evidence produced at the aforemen- tioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all per- tinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That the Planning Commission hearing included consideration of the Public Hearing Exhib- its, including, without limitation, the Comprehensive Plan, entered as Exhibit "5", the Staff Report dated February 12, 2014, entered as Exhibit "7", referral comments from the Town of Carbondale entered as Exhibit "9", referral comments from the Roaring Fork Transporta- tion Authority entered as Exhibit "10", excerpts from the Carbondale Comprehensive Plan entered as Exhibit "16", excerpts from the Town of Carbondale Parks, Recreation and Trails Comprehensive Master Plan entered as Exhibit "17", excerpts from the State Highway 133 Access Control Plan entered as Exhibit "18", and comments from the Colorado Department of Transportation entered as Exhibit "H". 4. That the Planning Commission, based upon consideration of the Public Hearing Exhibits, including specific reference to, but not limited to, Sections III and IV of the Staff Report, and referral comments received from the Town of Carbondale, the Roaring Fork Transporta- tion Authority Colorado Department of Transportation and other reasons, determined that the Location and Extent for the Vacation of a portion of County Road 106 to not be in gen- eral conformance with the Comprehensive Plan. 5 14 A P'd, E 'I�itriNiE Recept ions# : 848029 04/09/2014 03!19•06 PM Jean Aiberico 3 of 4 Rec Fee•$0 00 Doc Fee:0 00 GARFIELD COUNTY CO RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of Garfield County, as follows: A. The foregoing Recitals are incorporated by this reference as part of the resolution. B. Exhibit A describes that portion of the Location and Extent review reflecting the proposed CRMS roadway vacation request for portions of County Road 106. C. The Location and Extent request for the vacation of portions of County Road 106 is hereby denied. DATED this 12th day of March, 2014. ATTEST: Sean Martin, Secretary Garfield County Planning Commission PLANNING COMMISSION OF GARFIELD COUNTY, COLORADO c Bob Fullerton, Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the follow- ing vote: Commission Chairman Bob Fullerton Aye Commissioner John Kuersten (absent) Commissioner Sean Martin Aye Commissioner Greg Shaner Aye Commissioners Greg McKennis :Aye Commissioner St phen Damn Aye Commissioner Keith Lammey PO Associate Commissioner Michael Sullivan (kNIM0 C Associate Commissioner Eric Rudd Aye Associate Commissioner Wendy Haskins {.SN{ C-- 6 uIIIRI :FY(14tr:;45.1',k.Iti,Vhi'riirb,11,04%!'irYiyi, uI III Reception#: 848029 04/09/2014 03,19:06 PM Jean Rlberico 4 of 4 Pec Fee $0.00 Doc Fee:0 00 GARFIELD COUNTY CO EXHIBIT A Legal Description CR 106 CRMS Vacation A portion of Garfield County Road #106 being a strip of land Sixty (60) feet in width situated in portions of Government Lot 15, Section 28 and Government Lot 3, Section 33 all in Township 7 South, Range 88 West of the 6'h Principal Meridian, all in Garfield County, Colorado and more particularly described as follows: Said Strip of land being sixty (60) feet in width with thirty (30) feet lying on each side of the following centerline description, the exterior lines of said strip are to be shortened or lengthened to form a continuous strip exactly sixty (60) feet in width: Beginning at a point on the centerline of said County Road #106 also being a point on the northerly limit of the County Road # 108 right-of-way from whence the S1/4 Comer Section 28 bears N06°50'08"E a distance of 1084.18 feet; thence the following three (3) courses along the centerline of said County Road #106, N24°01' 11"W a distance of 316.30 feet; thence 126.69 feet along the arc of a curve to the right having a radius of 300.00 feet a central angle of 24°11'49" and a subtending chord bearing N 11 °55' 17"W a distance of 125.76 feet; thence N00° 10'37"E a distance of 917.07 feet to a point on the southerly limit of that right- of-way as described in Book 681 at Page 692 from whence said S1/4 Corner Section 28 bears S48°02'43"E a distance of 377.76 feet, said strip of land contains 1.89 acres xnore or less.