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HomeMy WebLinkAbout4.0 Correspondence & Supplemental SubmittalsFIRESTORM® PREDICT. PLAN. PERFORM. COLORADO ROCKY MOUNTAIN SCHOOL SUMMARY REPORT REVIEW OF EASEMENT EXPOSURE March 19, 2014 abduction Aazing T, death kir lists Predators sexual harm nt Pa - mi s;: extt9g a15J [vs l x:z r: '. c r:,c< Sdeath Me la �; �� buliymg ,,,vi, '� {i - dew l veny 0,1' is of ' __pp� `�' e fi 3d0eS F x '1 Y ttr 1 security EMreme ca: ntity the't child po Terrorism Ec buliylgg Workplace Vi natural cflsast sacCi "tat chat rou!ett Tornado communicab .nacc•cop^:c ae t� ut a sexual a s inteotor Power . rages active shooter a u & dIsaite:s Rd pornography Economy is threats c ear vi lencee Cyber -Crime This document may include voluntarily provided business sensitive data that shall not be disclosed by F School. it shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restric private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC - All Rights Reserved. ©2014 Firestorm* Solutions /Firestorm Franchising, LLC All Rights Reserved Background Colorado Rocky Mountain School has been in existence for over 60 years. During this time it has been a valued member of the Carbondale community, which has grown up around it. In the beginning, the remote and bucolic setting of the school provided not only a beautiful place to educate the students who attended, but a margin of safety due to the rural setting. As the population of Carbondale, and the Aspen Valley, has grown, so have the risks associated with running the school. School safety is front and center in the minds of all school administrators, faculty, staff, students and parents. "Many Americans feel that schools should be the safest place our children can be, perhaps at times even safer than the homes in which they live." This quote from the Department of Homeland Security's Primer to Design School Projects in Case of Terrorist Attacks and School Shootings exemplifies the focus which our society places on school safety.' There is no single solution to making a school and the people who attend, safer. All roads lead back to 'preparedness,' which means understanding the threats and vulnerabilities, designing plans to prevent or mitigate threats, and then training people to know what to do when problems arise. The Colorado Rocky Mountain School has what is referred to as an "open campus". This means that there are no fences, gates, or other physical impediments to people entering the school property. What this does not mean, however, is that anyone has the right to enter the campus if the school chooses to limit that access. This is an important distinction to the issue which Firestorm has been asked to address. There is a public easement, allowing unfettered access, 24 hours a day, through the Colorado Rocky Mountain School campus. In the event that the school needs to activate any security protocol, such as lock down or evacuation, the school's ability to control or prevent unwanted exposure to its students, faculty and staff would be diminished. 'Available at http://www.ct.gov/demhs/Iib/demhs/bips07_428_schools.pdf This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC — All Rights Reserved. 2 01.111•PC Melt .X4 Y• \ t a ,.ii. a�• nM 4 a •f 111,1u uur Tftefun 01110011111 aw PISPORI Colorado Rocky Mountain Sthool r ..:...r COMP. WPM This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC — All Rights Reserved. 3 Safety Ensuring the safety of the students, faculty and staff at the Colorado Rocky Mountain School begins with having an understanding of 'what can go wrong' and how to limit those threats. Having the ability to control access to a school's population is essential to building a preparedness program, not only for low probability events, such as school shootings, but many other issues that affect schools on a daily basis. The Department of Homeland Security's Primer to Design School Projects in Case of Terrorist Attacks and School Shootings states "The design of protective measures for reducing site -related school vulnerabilities is based on a number of strategies that also represent the core principles of an effective security policy. They comprise the principles of a layered defense approach to security, standoff, access control and a secure perimeter." Colorado Rocky Mountain School cannot fully embrace these principles, nor incorporate them into their security planning, with a public easement through the property. Schools across the country, and around the world, have been devastated by natural disasters, such as hurricanes, wildfire and tornados. Each year, schools are threatened by flooding, fires and winter storms. Communicable illness outbreaks, like meningitis, TB, MRSA, or even a pandemic flu, and man- made threats like sexual abuse, bullying, kidnapping, cyber -bullying, and identity theft must be addressed. Workplace violence, noncustodial parent kidnapping, and other violence perpetrated by individuals under restraining orders and other court ordered sanctions occur in schools on a regular basis. While school shootings are very low probability events, they have extreme impacts, and could result in loss of life and extensive injuries. Notwithstanding the fact that the law of large numbers protects schools, every parent wants to know that this risk has been minimized. A review of the Colorado Rocky Mountain School safety and security protocols as well as the physical proximity of the current easement to the occupied portion of the school campus leads to the recommendation that the easement be extinguished. The current situation is a threat to the students, faculty and staff. Additionally, the brand and reputation of the school is significantly at risk. Every year in the United States, there are over 200,000 noncustodial kidnappings in the United States. Last year there were 30 deadly shootings in US schools. Schools around the country are examining how to limit access in times of emergency. The current easement running through the Colorado Rocky Mountain School campus presents an unreasonable and unnecessary exposure to campus occupants. Extinguishing this easement will present little or no hardship to any current user. During any campus emergency it is important that the Colorado Rocky Mountain School has the ability to limit access to its campus. Under the current easement arrangement, the school would not have the legal right, at any time, day or night, to stop any member of the public from accessing the campus. Whether the issue is one of violence, communicable illness, missing person, or any of the vulnerabilities facing schools today, it is mandatory that schools be able to control their campus. Currently, the school utilizes both lockdown and evacuation strategies as part of its overall preparedness. Both of these strategies are impaired by the existence of the easement. It should be obvious to any viewer that in a lockdown scenario, where there is a dangerous element on the campus, (active shooter, a noncustodial parent, a wild animal, or some other issue) the inability to exclude the public from the campus presents a real risk to the school community, law enforcement and first responders, not to mention the public itself. In the event of an evacuation, it is important that the school be able to control its methods of ingress and egress and not expose its population to unknown and uncontrollable elements. Around the world, terrorists and other violent perpetrators have utilized fire, bomb threat, and other similar strategies to This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC — All Rights Reserved. 4 effectuate evacuations of facilities. This then allowed those individuals access to the population of that facility without having to enter. It is essential that the Colorado Rocky Mountain School have the ability to exclude the public whenever it deems necessary. The current public right-of-way creates an unnecessary risk to the school community, law enforcement, first responders and others. Furthermore, it gives those with ill intent a specific avenue and tool that they can use for their own purposes. Reputation How parents view schools and school security has changed dramatically in the last 15 years. This change has been brought on partially by changes in technology and by the way the media focuses on school related disasters. The Columbine school tragedy was a seminal event in how the US population views school security. Threats to students, faculty and staff have always existed. To this day, the worst incident of a school related violent event, took place in Bath, Michigan on May 18, 1927. 38 children and six adults were killed, and approximately 58 other people injured. The situation continues to go fairly unknown, however, as there was no Internet, social media or even national television coverage. Today, it is different. Everything is public, everything is covered instantly, and once a story makes the Internet it is permanent. In a competitive environment where the Colorado Rocky Mountain School is trying to attract new students, and build and maintain a strong brand and reputation, it is imperative that the school be able to show an awareness of its threats and vulnerabilities, and a plan to mitigate or eliminate those threats. A failure on behalf of the Colorado Rocky Mountain School to provide sufficient assurances to parents, and prospective parents, has the potential to cause irreparable harm to the brand and reputation of the school. No parent wants their child exposed to unknown risk and uncontrollable situations. In a recent study of parents who were looking at making educational decisions for their children, it was found that safety was a significant issue. Nearly 50% of 962 survey responses show that improved school safety is a significant factor in choosing a private school (pg 1). School safety was the fourth most important factor (pg. 11). 53% responded that improved school safety was a reason for choosing a private school education for their children (pg 10). The report cites a separate study (pg. 24), in which researchers "found school safety was of primary importance to parents.i2 The Colorado Rocky Mountain School is fortunate. It is a small, very close knit community where everybody knows one another including many of its neighbors. This intimate knowledge of the community provides tremendous protection. Behavioral risks and anomalies in that behavior are immediately recognized. The current easement allows unknown and uncontrollable elements to access the campus at will, 24/7. This is an unacceptable situation which can be remedied by vacation of the easement without any substantial harm to the greater Carbondale community. 2 http://www.edchoice.org/CMSModules/EdChoice/FileLibrary/1031/More-Than-Scores.pdf This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC - All Rights Reserved. 5 Firestorm Overview Firestorm specializes in emergency response, crisis management and communications, business continuity planning and overall disaster preparedness. Firestorm helps clients protect their employees, students, assets, revenues, reputation, and ultimately, the organization's mission and value for all stakeholders. One of the first major assignments Firestorm had in the educational arena was the crisis management support for Virginia Tech after the shootings. Since that time, Firestorm has worked with many schools, both private and public, Pre -K -12 and higher educations, to improve safety and security. Firestorm uses lessons learned from these engagements (as well as engagements in the corporate, manufacturing, mining, energy and other sectors) and an intense study of the planning, training and education that goes on worldwide, to provide its clients with information that is on the leading edge of "best practices". Firestorm's proven PREDICT.PLAN.PERFORM® methodology leads to active participation by all levels and divisions within an organization. This involvement ensures ownership and active support of the overall planning process and, more importantly, facilitates familiarity with the plans and better coordination in the event of a crisis. Increasing awareness and obtaining agreement on the vulnerabilities, decision criteria, action plans, coordination, as well as execution, is critical to the success of any plan. Firestorm Capabilities & Expertise Firestorm Solutions, LLC, is a national leader in emergency response, crisis management, crisis communications, and workplace violence. Firestorm's library of intellectual property covers all aspects of business continuity, including emerging risks, such as social media risk, which are not normally considered by business -continuity planners. Firestorm was founded in 2005, and is owned 25% each by Harry Rhulen, James Satterfield, Suzanne Loughlin & Lancer Insurance Group, Inc. It operates out of 18 locations throughout the country, in AL, CA, CO, GA, IL, NJ, NY, TX, DC, and WI. Firestorm is currently engaged in helping to keep hundreds of public and private schools (K- 12 and higher education), and tens of thousands of students, safer. THE FIRESTORM EXPERT COUNCIL This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC — All Rights Reserved. 6 Firestorm principals and Expert Council members include some of the most knowledgeable individuals in the country on the topic of school and workplace violence, forensic and clinical psychology, threat assessment, security, safety and trauma. Their experience is hands-on, and the lessons that are shared are based on real life experiences handled by these experts. Firestorm has conducted hundreds of vulnerability assessments for schools (public and private, higher education, K-12), corporations (public and private), Targe and small businesses, non -profits, and government agencies. Firestorm's vulnerability assessment process incorporates proven techniques and strategies developed through hands-on experience garnered in crisis environments. Firestorm is also regularly engaged to perform behavioral risk/threat assessments of individuals who exhibit behaviors of concern. Firestorm's principals have led threat assessment teams that include Forensic Psychologists and former law enforcement professionals, in evaluating the risk an individual poses. Where necessary, Firestorm works with the organization to manage risk and secure the facility or facilities and most critically, to guide the organization in its crisis communications and messaging to all stakeholders. Firestorm has rendered critical decision support to school administrators and trustees in the management of crises involving the following: Shootings Social Media Attacks Student Suicide Natural Disasters Child Pornography Inappropriate Teacher Student Relationships Sexual Abuse Drug/Alcohol Bullying/Cyber Bullying Sexual Harassment Hazing Workplace Violence (employee on employee; student on student; employee on student; domestic violence) This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC - All Rights Reserved. 7 Multi -disciplinary Background Firestorm has completed projects in all of the following subject -matter areas: PREDICT. PLAN. PERFORM.® Proper business -continuity planning requires PERFORM when the event occurs. that companies PREDICT the vulnerability, PLAN the response, and , PREDICT: Classify critical vulnerabilities, identify key emergency personnel, ascertain critical decision processes, analyze gaps, identify infrastructure and supply -chain needs; and define communications requirements. PLAN: Develop the strategy; construct the overall pion, involve the appropriate personnel to assure their ownership and commitment. PERFORM: Establish protocols for implementation, community involvement, communications, test exercises, audits, reviews, updates, and compliance. ✓ Business Continuity Assessment ✓ Benchmark/Gap Analysis ✓ Business Impact Analysis ✓ Compliance Review ✓ Monitoring ✓ Red Flag/Identity Protection ✓ Risk Analysis ✓ Social Media Risk ✓ Structural Assessment ✓ Threat Analysis ✓ Vulnerability Analysis ✓ Business Continuity ✓ Communicable Illness ✓ Continuity of Operation ✓ Crisis Communications ✓ Crisis Management ✓ Disaster Recovery (IT) ✓ Emergency Planning ✓ Message Mapping ✓ Red Flag/Identity Protection ✓ Security ✓ Social Media Risk ✓ Supply Chain Risk ✓ Workplace Violence ✓ Crisis Communications ✓ Crisis Management ✓ Education & Training ✓ Emergency & Preparedness Supplies ✓ Exposure Mitigation ✓ Monitoring ✓ Program Management g g ✓ Reputation Management ✓ Staff Augmentation ✓ Risk Management ✓ Test Exercises Every Cri • . Human Crisi if You,Had to Respond Today, _ , . Could You? ransform Crisis into Value Firestorm is currently working with, and has been engaged by, numerous independent and public school clients, from PreK-12 to higher education. The chart that follows shows the significant depth and breadth of projects which Firestorm has completed. This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated. used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC –All Rights Reserved. 8 School Clients Large 40,000 -Student, Multi -campus, Suburban Community College Description Conducted Benchmark Gap emergency plans; provided of Service Analysis of continuity, security, and training, test and exercise. Length of Engagement 1 year Large, Urban, Private University Conducted Risk and Vulnerabilities Assessment; planned and conducted training including full exercise scenario with first -responder coordination, incident -response team, and crisis management. 1 year + Major State University Hired by president in the aftermath of the worst episode of workplace violence in U.S. history; analyzed plans; performed crisis communications and media management; developed messaging and message maps; set up call center; interfaced with media. 1 month Urban, Medical College with Teaching Hospital Developed/administered emergency preparedness training and tabletop exercises (including Active Shooter and Bomb Threat/explosion), covering dozens of buildings facing multiple risks 2 years Large SUNY University, NY Conducted Crisis Communications Plan- Gap Analysis 2 months Private University, Baltimore, MD Conducted Crisis Management Response services- student on student violence (resulting in death); volatile public relations/media exposure 6 months Large, Suburban State College Performed benchmark/gap analysis of security, pandemic, crisis communications plans, processes, and procedures; completed site inspection of campus and interviews with key administrators 4 months Independent School, CT Performed Risk Assessment(Document review of Emergency Response and Crisis Management Plans, Site Assessment, Interviews, Findings Report, Presentation to Board of Trustees) 6 months, ongoing Public School District, NY Developed and delivered Emergency Response Training and Home Preparedness Training — faculty, parents, students, staff 3 months Large Independent school, Hawaii- 3 campuses; 37 pre- schools Develop Crisis Management Plan, Business Continuity Roadmap aligned with NFPA 1600; Conducted Risk Assessment; Benchmark/Gap Analysis of Emergency Response Plans; Designed and delivered training to CMT, IRTs, ERTs; Currently engaged to develop Crisis Communications Plan, Emergency Response Guide for Third Party Property Managers 1 year + ongoing Religious Independent K- 12 school, Miami FL. Crisis Management and Crisis Communications Response- sexual abuse allegations; student suicide; Development of Message Maps and Media Training 6 months + Independent Day School, Jacksonville, FL Performed Risk Assessment in wake of shooting of staff member (Document review of Emergency Response and Crisis Management Plans, Site Assessment, Interviews, Findings Report, Presentation to Board of Trustees) 3 months + ongoing Independent Boarding School, CT Worked with family and school to design Suicide Prevention and Concussion Risk Management Program, following death of student by suicide. 1 year + ongoing Independent Day School, Atlanta, GA Performed Risk and Vulnerability Assessment and Security Assessment; developed and implemented school -wide workplace -violence prevention program; provided Crisis Management Team training and test exercises. 3 months Large Public School District, CO Currently working with one of the largest public school districts in Colorado on workplace -violence prevention strategies, crisis and media management. 1 year + ongoing Prestigious, Independent, Private Boarding School, CT Assisted with managing a social -media -networking incident that was potentially damaging to the brand and reputation of the institution; performed Risk and Vulnerability Analysis, conducted media training of senior leadership and spokes -personnel, monitored all media outlets, and worked with client to develop key messages and message maps. 2 months This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated, used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. @2014 Firestorm Solutions/Firestorm Franchising, LLC — All Rights Reserved. 9 TAM ;:'P; , Site Team Member ., Individual Experience / Bio Name: Harry Rhulen, Esq. Title: Founder and Chairman/CEO, Firestorm FRCC Project Team Leader Expertise Relevant to Identified Requirements: Risk Management, Crisis Management, Business Continuity, Emergency Response, Threat Assessment, Crisis Communications & Media Training, Consequence Management, Crisis Response Based in: Denver, CO Harry Rhulen is the Chairman/CEO of Firestorm. A former public company CEO, and an attorney, Harry serves as a trusted advisor who brings critical decision support to many public company CEOs, school superintendents, and government officials.` �- Harry brings unmatched hands-on crisis management expertise to the table- with a particular emphasis on crisis communications and .,` media response. Harry has provided media training to public _ company CEOs, school superintendents, emergency management directors, school administrators, and many other business and'' ` "I ^U/ 1 ' ‘:' : government spokespersons, to ensure that "the way they talk o.r rf, about the crisis doesn't become their next crisis." a, Harry is co-author of Disaster Ready People For A Disaster Ready America. This document may include voluntarily provided business sensitive data that shall not be disclosed by Firestorm Solutions / Firestorm Franchising, LLC/ School. It shall not be duplicated. used or disclosed—in whole or in part. The data subject to this restriction is contained hereinabove and is considered private and confidential. ©2014 Firestorm Solutions/Firestorm Franchising, LLC - All Rights Reserved. 10 B G BALCOMB & GREEN, PC A FULL SERVICL LAW FIRM SINCE 1953 February 19, 2014 Via Hand Delivery Garfield County Community Development Glenn Hartman 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear Glenn: CHAD J. LEE, ESQ. Reception 970.945 654h clee@balcombgreen.com Re: Colorado Rocky Mountain School Vacation of a County Roadway Request (File RVAC-7772) CRMS hereby formally appeals the Planning Commission's denial of the location and extent review for its request to vacate a portion of CR 106 which occurred on February 12, 2014. CRMS would like to appear before the Board of County Commissioners at its April 7th meeting. Please send us templates for public notice. Colorado law requires the Planning Commission to convey its reasons for the denial to the BOCC, though we understand the Planning Commission's formal resolution will not be available until after its March 12' meeting. C.R.S. § 30-28-110(b). CRMS will file a memorandum of appeal, together with supporting documentation, as soon as practicable after receipt of this resolution. Let us know if you need anything in the meantime. The sole criterion for a location and extent review is whether the project is in "general conformance" with Garfield County's Comprehensive Plan. GCLUDC § 4-111(C). Garfield County's plan incorporates Carbondale's plan for this property because the CRMS property is within Carbondale's Urban Growth Area. CRMS's appeal is based on several aspects of the Comprehensive Plan. CRMS respectfully requests that the BOCC use its discretion to overrule the Planning Commission's denial of the location and extent review, and approve CRMS's request to vacate a portion of the CR 106 right of way that runs through the heart of its campus. Importantly, the Comprehensive Plan emphasizes intergovernmental consistency with all municipalities, including the Town of Carbondale. Comprehensive plans are long-range documents. Carbondale's, for example, is "long-range, extending two decades into the future, well beyond the pressing concerns of today." (Carbondale Comp Plan, at 5). Despite this long- range scope, Colorado Rocky Mountain School is the only business specifically identified. Page 77 of Carbondale's Comprehensive Plan states: "Colorado Rocky Mountain School (CRMS) is currently operating as an independent high school for boarding and day students and is an important component of the Carbondale community and economy. In addition to traditional classroom education, the School's property is used in its diverse programs in a variety of other ways including Mailing Address f'r,tr., i yrs Glenwood Springs Office Aspen Office Rd. ',it' 11,12i B G Glenn Hartman February 19, 2014 Vacation of County Road 106 Page 2 agricultural production, recreational activities, renewable energy production and ecological studies. CRMS also provides employee housing. CRMS programmatic needs, and subsequently its land use, has and will continue to evolve over time to support the organization's mission. The majority of CRMS property is located in unincorporated Garfield County. ... The Town of Carbondale recognizes that the needs of CRMS will continue to evolve. The Comprehensive Plan is not intended to limit CRMS private property rights and it encourages dialogue between the Town of Carbondale, and Garfield County regarding future land use." (Carbondale Comprehensive Plan, at 77, emphasis added). We believe the Planning Commission failed to consider several aspects of Garfield County and Carbondale's Comprehensive Plans, including the language above. In support of its appeal, CRMS will submit additional information after the Planning Commission's formal resolution is available. We look forward to discussing these issues with the Board of County Commissioners, as well as contemporaneously presenting CRMS's request to vacate a portion of CR 106. Very truly yours, BALCOMB & GREEN, P.C. By 2 Ch . Lee E- nail: clee@balcombgreen.com APR 1 ! 7014 REQUEST TO VACATE A PORTION OF COUNTY ROAD 106 APPEAL OF DENIAL OF LOCATION AND EXTENT REVIEW, GCLUDC § 4-111 I. INTRODUCTION This is an appeal of the Planning Commission's denial of a location and extent review for Colorado Rocky Mountain School's (CRMS) request that the County vacate a short segment (1,233 feet) of a public road (CR 106) which cuts through the heart of its campus near Carbondale. This portion of CR 106 was closed to vehicular use in 1979 due to safety concerns of motorized traffic through this area of campus. Currently, public use is limited to pedestrian and bicycle purposes. CRMS is seeking to vacate the roadway due to modern-day security concerns associated with schools. In place of the vacated road segment, CRMS will establish a pedestrian/bike trail that circumnavigates the school, and provides a safer alternative for bicyclists and pedestrians while at the same time contributing to the trail inventory and maintaining the interconnectivity of the area. For the vast majority of trail users, this new route will be shorter and safer. On balance, the health, safety, and welfare of the public, including that of the CRMS students and faculty, is best served by vacating the current right of way and realigning the path around campus. II. PLANNING COMMISSION DECISION. On February 12, the Planning Commission reviewed CRMS's application to determine whether it was in general conformance with the County's Comprehensive Plan (i.e. "location and extent review"). GCLUDC § 4-111(C). After 4 hours of testimony both supporting and opposing the application, the Planning Commission determined the application was not in conformance with the Garfield County Comprehensive Plan, primarily based on the Town of Carbondale's Board of Trustees' referral comments. The Planning Commission did not reference or consider the Town's Comprehensive Plan and their reliance on Carbondale's referral comments is misguided. The interpretation of Garfield County's Comprehensive Plan is solely within the province of the Garfield County BOCC, not the Town of Carbondale, even though the School is within Carbondale's UGA. Further, Carbondale's comments did not even address its comprehensive plan. In referral comments on the roadway vacation (as opposed to the location/extent review), the Town of Carbondale requested that CRMS dedicate a different alignment—one that bisects its agricultural operation. Unfortunately, this alignment would materially interfere with the continued irrigation of this pasture, and conscript more of CRMS's property for public use. CRMS's proposed alignment, on the other hand, will result in continued irrigation of the School's pasture, and provide a safer alternative, when combined with the new pedestrian/bike path along the west side of Highway 133 slated for construction this summer. Note that CRMS is willing to preserve emergency access, and grant utility easements to all utilities in place, which satisfies all other concerns of the Town. CRMS Appeal of Location and Extent Review Page 1 of 13 Additionally, the Planning Commission's decision did not properly consider the Garfield County Comprehensive Plan. The Planning Commission appeared to combine CRMS's two separate requests (See Planning Commission Audio at from 4:29:00 — 4:54:00). Much of the discussion of the location and extent review (which is confined to whether the request is in general conformance with the Comprehensive Plan) was related to the adequacy of the alternative route, rather than genuine issues related to the Comprehensive Plan. In the end, the Planning Commission merely read the staff report into the record and stated its opposition was based on the staff report. This is reflected in the Planning Commissions Resolution, which was adopted at its March 12th meeting. The Planning Commission's decision was based on the following interpretations of Garfield County's Comprehensive Plan: • School Security. The CRMS application is predicated on the fact that the ability to control who and when members of the public can access the campus will improve safety and security. Attached is a report from a school safety expert validating CRMS's concerns. The Planning Commission, however, dismissed much of CRMS's concerns because, to date, no serious "incident" has occurred. Evolving societal norms have mandated that both public and private schools exercise greater vigilance over their boundaries. CRMS is seeking to be proactive by requesting this vacation. Currently, CR 106 permits public nonmotorized traffic to access critical sections of the CRMS campus at all hours of the day. CRMS has no authority to question or exclude members of the public utilizing this easement. This has serious implications for "lock down" and other security protocols. This request will allow CRMS to exert greater control over its school boundaries and, in turn, provide greater security to its students, faculty, and their families. (See, e.g., Garfield County Comp Plan, at 51(10)[prioritizing the facilitation of "the growth of institutions that educate the county workforce." J). The benefits to the health, safety, and welfare of the students, faculty, and the CRMS institution outweigh any potential inconvenience caused by the proposed realignment of the pedestrian/bike path. • Interconnectivity. The Planning Commission stated that the proposed vacation does not ensure interconnectivity of the county, despite that the alternate alignment connects the same route (only around the campus, instead of through it). (4:39:00). • Continuous Trail System. The Planning Commission also noted that the proposed vacation does not ensure a continuous trail system, despite that the new trail connects the very same points. CRMS's traffic study found that the vast majority of users of the trail go from Satank towards town. The alternate alignment actually shortens their route by approximately 500 feet. For the other users, the new alignment may be slightly further. For example, the distance between the Satank Bridge and Crystal Road along the alternate alignment would be approximately 2,300 feet further. (4:39:00). In any event, the sole public use of the right of way is for nonmotorized recreational "trail" purposes. Therefore, to the extent the new alignment results in a further ride or walk for some, it actually enhances the trail network in the area. • CRMS Further "Expansion." The Planning Commission also based its denial, in part, on the fact that "eventual expansion questions exist" for CRMS, despite that (a) CRMS has no CRMS Appeal of Location and Extent Review Page 2 of 13 plans to expand; (b) even if it did both Garfield County and Carbondale's Comprehensive Plan support infill development within the UGA areas of the County; (c) if future development were to occur the County or Town could require a dedication of a trail easement or access as a condition of development; and (d) CRMS's future expansion is completely irrelevant to the analysis of whether the proposed vacation conforms generally to Garfield County's Comprehensive Plan. (4:40:00). • Intergovernmental Consistency / Carbondale's Comprehensive Plan. The Planning Commission also stated that the request is "inconsistent with the evidence submitted by the Town of Carbondale," despite that (a) Carbondale was not a referral entity on the location and extent review (only the vacation request); (b) Carbondale's Board of Trustees' letter contained no analysis of the Town's Comprehensive Plan and therefore no evidence was submitted on this point by the Town; and (c) the alternate trail alignment conforms to Carbondale's comprehensive plan by developing a safer multi -modal connection of the same two points. (4:42:50 / 4:44:28 / 4:51:55). Further, citing evidence submitted by the Town, the Planning Commission failed to consider the entirety of the Town's comments (Staff Report Exhibit 9). Carbondale's Parks and Recreation Commission recommended approval of the road vacation and alternate alignment by a vote of 5-1. Carbondale's Bicycle, Pedestrian and Trails Commission "responded with support of the vacation request based on safety concerns of the school" if "CRMS would work with the community to develop an alternate pedestrian easement around their campus". • RFTA Comments. The denial was also based on RFTA's referral comments. Like Carbondale, RFTA was not a referral agency for the location and extent review. In any event, RFTA's comments seemed to support the application, so long as the alternative alignment was constructed. RFTA's comments (Exhibit 10 to the Staff Report) supported maintaining a north -south connection between West Main Street and Dolores Avenue to enhance bicycle and pedestrian accessibility to RFTA's transit station. RFTA supported "an alternative north - south bike/ped route along the eastern boundary of the CRMS campus connecting West Main Street and Dolores Way..." This is the alternate route proposed by CRMS. (4:40:20 / 4:43:10). • CDOT Comments. The Planning Commission also based its denial on CDOT's opposition to the vacation. But CDOT's comments were based on future motorized use of the easement. The road cannot be reopened to vehicular use so long as CRMS is operating. Therefore, these comments are irrelevant. (4:40:20). Further, the CRMS vacation application/proposal actually adds access for users of Delores Way. Presently, there are two means of emergency ingress/egress for Dolores Way users: the intersection at Dolores & SH 133 and the Satank Bridge (removable bollard). The CRMS proposal adds a third by offering an easement for emergency ingress/egress. • Private property rights. The denial was also based on respecting private property rights of landowners in the county. When the road through the CRMS campus was restricted to "nonmotorized use" in 1979, the minutes reflect the Board of County Commissioners desired CRMS Appeal of Location and Extent Review Page 3 of 13 to retain utilitarian public use (e.g. cattle drives). There was no concept of recreational use in the land use code. CRMS is a landowner in the county who, through no fault of its own, ended up with a public right of way through their property that is occasionally used for recreational purposes. They are now proposing an alternate route that would circumnavigate the campus, rather than bisect it. Approving the vacation of this bisecting right of way would support the private property rights of CRMS, a private landowner within the county. (4:39:00). Below is a discussion of how CRMS's application conforms to the Garfield County Comprehensive Plan including intergovemmental coordination and conformance with Carbondale's Comprehensive Plan. The bottom line is that instead of walking or riding through the CRMS campus core, nonmotorized traffic may now be required to go around the perimeter of the campus. CRMS recognizes that although this may result in an increased distance for some, to the extent the current right of way is used only for "trail" purposes, these extra linear feet actually enhance the trail network around Carbondale, all while maintaining the same connectivity of the current configuration and prioritizing the health, safety, and welfare of the students and staff of CRMS. III. CRMS'S REQUEST GENERALLY CONFORMS TO GARFIELD COUNTY COMPREHENSIVE PLAN This appeal will address a number Comprehensive Plan sections with which the road vacation request specifically conforms to (e.g. economics, support alternative modes of transportation). Additionally, and at the heart of the application, the road vacation will enhance CRMS's ability to thrive which will allow it to continue providing many other benefits in conformance with the Comprehensive Plan (e.g. preservation of agricultural heritage, employee housing, open space). Below is a discussion of the relevant sections of Garfield County's Comprehensive Plan. A. Economics, Employment and Tourism (Chapter 3, Section 4). Chapter 3, Section 4 of Garfield County's Comprehensive Plan encourages economic opportunity and diversity in strategic locations of Garfield County. In general, it seeks to maintain a strong and diverse economic base, along with other overarching goals. Excerpts: • Issues — given the uncertainty of the natural resources industry "there is a strong desire to continue to diversify the county economy." (Page 49) • Education accounts for 8% of the County's employment base. • Key factors that affect business recruitment and maintenance, including quality of life that appeals to workers. • • Goals — Maintain a strong and diverse economic base (for both employment and income generation). CRMS Appeal of Location and Extent Review Page 4 of 13 • Policies #6 — County recognizes that the tourism industry is an important part of the regional economy and is enhanced by (1) open space and scenic vistas; (2) public trails and other recreational opportunities; ... (5) green belts and open areas between communities; (6) clean air and water; (7) local foods and local produce.(Page 50). • Strategies #6 — Ensure that tourism development is compatible with adjacent land uses and preserves the natural environment of the county. • Strategies #10 — Facilitate the growth of institutions that educate the county workforce. Response: CRMS Student and Staff Security This Board's primary charge is to ensure the health, safety, and welfare of its citizens.' Since 1979, security concerns of schools have evolved. In the current environment, schools must be given the ability to control their boundaries, and to question suspicious persons entering campus. After CRMS's security concerns were dismissed, CRMS commissioned the attached report on the security concerns associated with the CR 106 Right of Way. This report was authored by Harry Rhulen, Esq., CEO of Firestorm which specializes in emergency response, crisis management, and overall disaster preparedness for schools. Firestorm serves as an advisor on school security issues for various entities across the county including responses to incidents at Virginia Tech, Littleton, Columbine, Arapahoe, and Platte Canyon. The report concluded that the existing CR 106 right of way creates an unnecessary risk to the school community, law enforcement, and first responders. Similarly, a report from the Department of Homeland Security (DHS) reinforces this conclusion. The DHR Primer to Design School Projects in Case of Terrorist Attacks and School Shootings states: "The design of protective measures for reducing site -related school vulnerabilities is based on a number of strategies that also represent the core principles of an effective security policy. They comprise the principles of a layered defense approach to security, standoff, access control and a secure perimeter."2 Colorado Rocky Mountain School cannot fully embrace these principles, nor incorporate them into their security planning, with a public easement through the property. Response: CRMS's Application Promotes a Strong and Diverse Economic Base. First and foremost, Garfield County's Comprehensive Plan seeks to maintain a strong and diverse economic base. 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 See. e.g.. C.R.S. § 30-28-115, stating ("( I) JCounty Building and Planning Codes] shall be designed and enacted for the purpose of promoting the health. safety. morals. convenience, order, prosperity, or welfare of the present and future inhabitants of the state. including lessening the congestion in the streets or roads or reducing the waste of excessive amounts of roads, promoting energy conservation, securing safety from fire, floodwaters, and other dangers, providing adequate Tight and air, classifying land uses and distributing land development and utilization. protecting the tax base. securing economy in governmental expenditures, fostering the state's agricultural and other industries, and protecting both urban and nonurban development.") (emphasis added). 2 Department of Homeland Security, Primer to Design Safe School Projects in Case of Terrorist Attacks and School Shootings, Edition 2, January 2012 (available at http://www.ct.gov/demhs/Iib/demhs/bips07_428_schools.pdf). CRMS Appeal of Location and Extent Review Page 5 of 13 roughly $6.5 million dollars annually to the Garfield County economy over the past five years. CRMS employs 70 people in permanent positions. 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, hosting the County's air quality monitoring system, participating in water quality studies and many more (see Policy 6). Tuition revenue is the primary source of funding for the school's operations. CRMS competes with schools across the nation and abroad to attract students. Studies show that safety is among the primary concerns among parents of school aged children and a top factor for parents when choosing a school. The vacation of the right of way through campus will enhance the school's ability to provide a safe learning environment as well as its marketability in a competitive industry. By approving this application, the Board of County Commissioners will be supporting the safety and security of CRMS students, the longevity of CRMS as economically diverse contributor, and thereby all the benefits it provides to the citizens of Garfield County. Many of these benefits are specifically called for in Policy 6 of Chapter 3, Section 4 of the Comprehensive plan and consistent with section's overarching goal of maintaining a strong and diverse economic base. The current trail is incompatible with CRMS's unique use of the property, and with its unique approach to education. CRMS's proposed alternate route provides a safer route from the Satank neighborhood to downtown Carbondale. This is due to the multiple street and parking lot crossings which occur on the current route (along West Main Street), as well as congestion within the CRMS campus itself. The new trail will leverage the location of the new trail slated for construction this summer along Highway 133. This new trail will run along the CRMS campus, which is entirely undeveloped, providing pedestrians and bicyclists with an unimpeded and safe alternative route around the School. A trail which circumnavigates the school will ensure that the public use of the trail, including by tourists, is compatible with the CRMS campus, thereby satisfying Strategy 6 of the Comprehensive Plan. Finally, the Comprehensive Plan seeks to facilitate the growth of institutions that educate the county work force (Strategy 10). Hundreds of CRMS alumni are at work in the Roaring Fork Valley and greater Garfield County area in a wide variety of fields. Support of the CRMS application will contribute to satisfying Strategy 10 of the Comprehensive Plan. B. Intergovernmental Coordination (Chapter 2 and Chapter 3, Section 1) Chapter 2 and Chapter 3, Section 1 generally discuss future land use in Urban Growth Areas in Garfield County. These sections prefer new growth in areas that have, or can easily be served by, urban services. Pertinent to this application, these portions of Garfield County's Comprehensive Plan incorporate each municipality's plan for its Urban Growth Area (UGA) into the Garfield County Comprehensive Plan. Excerpts: CRMS Appeal of Location and Extent Review Page 6 of 13 • Chapter 2 - The most effective way to encourage growth in designated and planned UGAs will be by ensuring the following: o Each municipality's plan for its UGA is incorporated into the Garfield County Comprehensive Plan. (Page 22) o Will be consistent with local land use policies. o The Plan also recognizes existing municipal plans and strongly supports and - encourages infill and redevelopment of existing communities. • Chapter 3, Section 1, Urban Growth Areas and Intergovernmental Coordination. o Policy 1 — Within defined UGAs, the County Comprehensive Plan, land use code revisions, and individual projects, will be consistent with local municipal land use plans and policies. o Strategies / Actions 2 — Review the procedure for efficient, coordinated, local municipal input into Planning Commission decisions prior to making recommendations to the BOCC. These sections stress the importance of intergovernmental coordination. Because CRMS is located within Carbondale's UGA, the BOCC must also look to Town of Carbondale's Comprehensive Plan for its UGA. Below are the pertinent sections of Carbondale's plan. Excerpts: • Section 4.12 — Town Periphery o Page 77 — "Colorado Rocky Mountain School ... is an important component of the Carbondale community and economy. ... The Town of Carbondale recognizes that the needs of CRMS will continue to evolve. The Comprehensive Plan is not intended to limit CRMS private property rights and it encourages dialogue between the Town of Carbondale, and Garfield County regarding future land use." (emphasis added). o Page 69 - "One of the primary goals of this plan is to maintain the compact development pattern and the distinct geographic identity of the town." o Page 76 — Potential Annexation — Infill Areas. "The intent of the phase 1 annexation area is to promote infill and redevelopment in adjacent areas that already function as part of town, but are not yet annexed, including the Colorado Rocky Mountain School, which is closely connected to town. These are the most logical areas for annexation because infill and redevelopment in these areas would maintain the town's compact footprint while promoting walking and biking." o Page 71 — Community Priorities for Land Conservation. Priority #2: Agricultural lands on the perimeter of town. o Page 79 — Priority Agricultural Land — "Agricultural operators are an important component of Carbondale's economy, culture and heritage. The town should CRMS Appeal of Location and Extent Review Page 7 of 13 work with landowners and land conservation entities to keep the agricultural operations and land base intact." • Chapter 3 — Multi -Modal Mobility. o "This section of the plan provides a framework for attaining a continuous, well connected system of streets, sidewalks, and pathways so that getting around Carbondale without an automobile is a viable and attractive option." o Note — Figure 3.4 depicts existing pathways and sidewalks. However, this portion of CR 106 is not depicted on this figure. Nor is it depicted as a "priority multi -modal corridor" or a "future connection" in Figure 3.3. • Chapter 2 — Vision Goals and Strategies o Section 2.3 encourages economic growth diversification and self-sufficiency. A strategy to accomplish Goal 4 is to "participate in agricultural land conservation in the town periphery". o Section 2.7 describes three visions for town governance. Among them, "town officials and residents will respect the importance of private property rights...". o Section 2.8 states "well -supported and successful schools will bring us together and help keep this a family oriented -town". o Section 2.9 states "the community and the students will support and benefit from great schools". • Comments from Carbondale Entities: o Note that Carbondale is not a referral agency for the location/extent review. Nonetheless, the Planning Commission believed that Carbondale's Trustee comments were relevant to the review. Therefore, they are set forth below. o Carbondale Bicycle, Pedestrian, and Trails Commission. According to this Commission: "Members of the Commission responded with support of the vacation request based on the safety concerns of the school. Commissioners would support the vacation request if CRMS would work with the community to develop an alternate pedestrian easement around their campus. Commission members also recognize that once the new SH 133 pedestrian trail is constructed, along with the Dolores Trail extension as proposed by CRMS, there would be an alternate connection to the Satank area, Satank Bridge, and the Gateway River Park." (emphasis added) o Carbondale Parks & Recreation Commission. "There were five (5) commission members in favor of vacating the road, and one (1) opposed." (emphasis added) o Carbondale's Planning and Zoning Commission did not formally oppose or support the road vacation request. Their letter summarized various comments made by commissioners both for and against. o Comments were also submitted by the Carbondale Board of Trustees, as discussed above, but they did not address whether the request conformed to Carbondale's planning for its UGA. Response:, CRMS Appeal of Location and Extent Review Page 8 of 13 Carbondale's Comprehensive Plan (promulgated in January 2013) seeks to maintain its compact development pattern and the distinct geographic identity of the town. A top priority for the Town is to maintain its periphery in its current state, including the CRMS campus. (Carbondale Comp Plan, at 69). The CRMS parcel is depicted as a "significant parcel." Carbondale's Comprehensive Plan supports the CRMS operation and recognizes that it is "an important component of the Carbondale community and economy." (Carbondale Comp Plan, at 77). CRMS is the only business specifically referenced in the town's plan which is intended to be "long range, extending two decades into the future, well beyond the pressing concerns of today" (Carbondale Comp Plan, at 5). The vacation of the portion of CR 106 through campus will support the school's long term viability. Portions of CRMS land, including roughly 50 acres on the north end, were designated by the plan for potential development and annexation. Should development occur, acceptable access would be required under Carbondale's Land Use Code, and in such a way as to avoid adverse impacts on CRMS and surrounding landowners. CRMS is not presently considering development in areas beyond its campus core. The alternate route proposed by Carbondale's Board of Trustees would materially impede irrigation on CRMS's agricultural parcel, which would degrade the Town's periphery and contradict their Comp Plan's goal of keeping agricultural operations intact (Carbondale Comp Plan, at 23,71,79). It would also infringe on CRMS's private property rights, contrary to the Town's Comprehensive Plan, as well as Garfield County's (Carbondale Comp Plan, at 30 and 77). A prominent feature of both the County and Carbondale's plans is to encourage multi -modal transportation corridors. Carbondale, especially, seeks a framework of continuous, well-connected system of streets, sidewalks, and pathways. Together with this application, CRMS is proposing a pedestrian/bike trail along Dolores Way to connect to the planned bike path along the west side of SH 133. According to Carbondale's Trails Commission and Carbondale's Parks and Recreation Commission, the proposed alternate route would be a satisfactory alternative route and maintain the • current level of connectivity. Note that the portion of CR 106 through CRMS is not even listed in Carbondale's planning as a priority connection. In fact, it isn't even listed as a current or future path. (Carbondale Comp Plan, at 36 and 37). 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. In combination, the new paths will provide a safe and desirable route between Satank and the intersection of SH 133 and Main Street. In addition to achieving a multi -modal connection from the Satank neighborhood area to Main Street, the proposed alternative route will draw additional foot and bicycle traffic toward businesses in the Dolores Way Mixed Use area designated in the plan (Carbondale Comp Plan, at 56) which will further serve the economic goals of the plan. Carbondale's Comments: CRMS Appeal of Location and Extent Review Page 9 of 13 The Town of Carbondale submitted comments in response to the request to vacate, not the location and extent review. The Town's Board of Trustees' comments requested that the School continue to provide access through its campus, either in its present location or in a to -be -determined location along the eastern boundary of the CRMS campus behind the existing commercial lots that front Highway 133. This would result in a redundant series of paths, and would be incompatible with the school's current agricultural operation. If a bike path were constructed in this alignment, CRMS's irrigation equipment would be impeded, and continued irrigation would be impossible. This loss of irrigated agricultural property on Carbondale's periphery runs contrary to Carbondale's Comprehensive Plan. Garfield County's Comprehensive Plan encourages intergovernmental coordination, but stops short of providing Carbondale with veto authority. In fact, there is no referral agency for the location and extent review because it is solely within the discretion of Garfield County to interpret its own comprehensive plan. Further, Carbondale's comments did not discuss Carbondale's comprehensive plan. These comments only served to convey the desires of the Town of Carbondale. In general, the school is willing to agree to 2 of the 3 requirements (utility easements and continued emergency access). The only difference is that the pedestrian path will be along the periphery of CRMS's boundaries, rather than directly through the middle of their current agricultural operation. C. Transportation (Chapter 3, Section 3) Chapter 3, Section 3 discusses transportation. This section envisions a well-maintained and balanced transportation network that accommodates multi -modal uses and effectively links all communities throughout the County. (GC Comp Plan, at 45). Excerpts: • Goal 2 — Support public transit services as well as alternative modes of transportation, when and where feasible. • Strategies / Actions 1 — Assure the interconnectivity of the county roadway system to provide multiple routes to reduce congestion and provide for emergency access. Response: The proposed alignment maintains the same connectivity as the existing CR 106 right of way. Over the past century, alternate paved public roads have developed around the campus. The roads link all areas around the CRMS campus to the Town of Carbondale. Now, this 1,233 foot stretch of road is redundant and an impediment to CRMS's ability to reach its full potential. Nonetheless, the new bike path proposed with CRMS's application will fulfill the same purpose as the existing right of way. Additionally, given the redundancy of the CR 106 right of way, along with the potential operating expenses and continued exposure to liability, it is in the County's best interests to vacate the right of way in favor of a better alignment, as proposed by CRMS. See, e.g., C.R.S. § 30-28-115, stating ("(1) [County Building and Planning Codes' shall be designed and enacted for the purpose of promoting the health, CRMS Appeal of Location and Extent Review Page 10 of 13 safety, morals, convenience, order, prosperity, or welfare ... including ... reducing the waste of excessive amounts of roads....") (emphasis added). Presently, there are two points of access for emergency vehicular ingress/egress for Delores Way users: I) at SH 133 and 2) at the Satank Bridge via removal of bollards. The CRMS application includes a proposal to add a third access point through its campus for emergency vehicular ingress/egress. D. Housing (Chapter 3, Section 2) Chapter 3, Section 2 discusses the need for affordable housing especially near places of work in the Roaring Fork Valley. Excerpts: • Vision — Housing is located near existing infrastructure and amenities so that families can live, work and play in their communities. • Issues — A significant amount of the county's employment is found in the upper Roaring Fork Valley, whereas the most significant supply of affordable housing is found in the western part of the county resulting in long commutes. • Policy 5 — Encourage provision of affordable housing closer to where jobs are located. Response: Thirty-four of CRMS's 70 employees and their families reside on campus in employer provided housing. These employees are required to live on campus to act in place of parents in the school's residential life program. Again, virtually every aspect of the CRMS operation supports one or more goals of the Comprehensive Plan. The road vacation will enhance CRMS's ability to thrive which will allow it to continue providing community benefits in conformance with the Comprehensive Plan. E. Recreation, Open Space, and Trails (Chapter 3, Section 5) Chapter 3, Section 5 promotes open space and trails while respecting private property rights. Excerpts: • Goal 4 — Support the development of a continuous trail system within Garfield County and along both major river corridors. • Policy 2 — Any actions regarding open space and trails must respect the property rights of land owners in the county and must be based on the concepts of just compensation or mutual benefit for landowners, residents, and visitors. • Issues (Conservation Easements) — A number of conservation easements exist in Garfield County, and are under the oversight of non-profit organizations. • Issues (Open Space) — Respondents to the 2010 public opinion survey expressed strong support for open space preservation but they did not support public funding. CRMS Appeal of Location and Extent Review Page 11 of 13 Response: As with the Transportation section, this section supports the development of a continuous trail system within Garfield County. The alternate proposed trail maintains the previous connectivity, and actually enhances the connectivity by linking with the proposed trail on the west side of SH 133 scheduled for construction this summer. CRMS donated a conservation easement to the Aspen Valley Land Trust in 2007. The easement on a 19 acre parcel along the Crystal River protects riparian habitat and scenic enjoyment. Additionally, providing CRMS with control over its boundaries promotes its private property rights. Public use of the right of way for utilitarian purposes has ceased (e.g. cattle drives). Lastly, no Comprehensive Plan, land use code, or regulation can do more to preserve CRMS open space than policies that support CRMS's continued ownership and stewardship of its land assets. The road vacation will enhance CRMS's ability to thrive which will allow it to continue providing community benefits in conformance with the Comprehensive Plan. F. Agriculture (Chapter 3, Section 6) Chapter 3, Section 6 discusses the importance of preserving the rural character of Garfield County by safeguarding its agricultural heritage. Excerpts: • Vision — Garfield County has preserved rural character and agricultural heritage by encouraging the retention of important agricultural lands, working farms and ranches. The county has encouraged conservation of lands that protect important wildlife corridors, natural habitats, important viewsheds and other critical open space. • Issues — Agriculture is strongly associated with the western heritage and rural image of the unincorporated areas of the county • Issues — Farm and ranch operators have been diligent stewards maintaining the most significant landscapes enjoyed by residents and visitors. • Issues — Some owners of large acreages depend on the valuation of development capacity as collateral to leverage capital that permit them to farm/ranch. For many, their land is their savings account. • Issues — With natural disruptions in the food supply, costs of transportation, and desire to preserve agricultural lands, there is a growing awareness of the benefits of having a local food supply. • Goals — o Goal I — Promote the continuation and expansion of agricultural uses. o Goal 2 — Preserve a significant rural character in the county. o Goal 3 — Preserve scenic and visual corridors in the county. CRMS Appeal of Location and Extent Review Page 12 of 13 Response: CRMS operates on the site of the historic Bar Fork Ranch in operation since the late 1800's. The Ranch and Gardening programs are important to CRMS for educational, aesthetic, historic, and operational benefits. These programs contributed over 13,000 pounds of organically grown produce directly to the CRMS kitchen operation in 2013. All CRMS assets, including land, are held to support its primary educational mission. CRMS currently has no desire or plans to develop or sell its agricultural property. With support from the community, including local governments, CRMS can continue to thrive. The rural character and agricultural heritage of the area is preserved by CRMS in conformance with the Comprehensive Plan through its continued ownership and stewardship of its land assets. The road vacation will enhance CRMS's ability to provide a safe learning environment bolstering its primary operation and contribute to its ability to maintain its agricultural operation. G. Renewable Energy (Chapter 3, Section 10) Excerpts: • Vision — Garfield County has encouraged the development of renewable energy resources throughout the county and has ensured the generating facilities are located in appropriate places in the county. • Goal — Promote and encourage the development of renewable energy resources within the county. Response: In 2007, CRMS proposed the Garfield County land use code text amendment that made photovoltaic electricity generation an allowed use in the county. In cooperation with the county and Aspen Skiing Company, CRMS installed the largest PV array on the Western Slope at the time. IV. CONCLUSION CRMS's vacation request conforms to Garfield County's Comprehensive Plan, as well as Carbondale's plan for its UGA. Approving this vacation ensures that CRMS will continue to thrive as a valued institution and contribute to the local economy. The new bike path will achieve the multi -modal interconnectivity in and around the campus, as well as Carbondale. In general, approving the vacation will promote and prioritize the health, safety, and welfare of CRMS students and staff while maintaining the current connectivity of the right of way for pedestrian and bicycle purposes. CRMS Appeal of Location and Extent Review Page 13 of 13 Garfield County PLANNING COMMISSION MEETING MINUTES FROM February 12, 2014 THESE MINUTES WERE APPROVED AS SUBMITTED. 1. CaII Meeting to Order Bob Fullerton called the February 12, 2014, Planning Commission meeting to order. 2. Roll Call PRESENT: Bob Fullerton Eric Rudd (ASSOCIATE) Greg McKennis Greg Shaner Keith Lammey Michael Sullivan (ASSOCIATE) Sean Martin Stephen Damm Wendy Haskins (ASSOCIATE) ABSENT: John Kuersten ARRIVED AFTER ROLL CALL: None STAFF IN ATTENDANCE: Tamra Allen - Planning Manager Kathy Eastley - Planner Glenn Hartmann - Planner Kelly Cave - Assistant County Attorney Frank Hutfless - County Attorney Brooke Wiening - Assistant to Planning Commission THERE WAS A QUORUM FOR THIS MEETING 3. Approval of Minutes for December 11, 2013 The minutes for December 11, 2013, were approved as submitted. Bob Fullerton welcomed the new members Keith Lammey and Wendy Haskins. 4. Election of officers - Chair, Vice Chair & Secretary A motion was made to nominate Bob Fullerton as Chairperson, John Kuersten as Vice Chairperson and Sean Martin as Secretary. MOTION SECONDER VOTE Greg McKennis Greg Shaner UNA by roll call vote Frank Hutfless introduced the new Assistant County Attorney, Kelly Cave, who has been assigned to land use issues, including Community Development and the Planning Commission. 5. Public Hearing: attachment CR 103 Location & Extent report PRESENTEE. Kathy Eastley - Planner APPLICANT: Crystal Ranch Corp & Clifford Cerise Ranch Co., LLLP REQUEST Consider a request for a Location and Extent for County Road 103. Crystal Spring. The site is located east of the Town of Carbondale and north of State Highway 82. A motion was made to accept the request for a Location and Extent for County Road 103, including the findings #1-4. MOTION SECONDER VOTE Sean Martin Greg McKennis UNA by roll call vote 6. Public Meeting: attachment CR 103 ROW Vacation application attachment CR 103 Road Vacation report PRESENTER= Kathy Eastley - Planner APPLICANT: Crystal Ranch Corp & Clifford Cerise Ranch Co., LLLP REQUEST: Consider a request to vacate a portion of the Right -of -Way for County Road 103 due to construction improvements which have relocated the road surface. A motion was made to approve the request to vacate a portion of the Right -of -Way of County Road 103, including the findings #1-5. MOTION SECONDER VOTE Stephen Damm Greg McKennis UNA by roll call vote 2 7. Public Hearing: attachment CRMS CR106Vacation application attachment CRMS CR106Vacation StaffReport ExhibitsPartl attachment CRMS CR106Vacation ExhibitsPart2 PRESENTEE Glenn Hartmann - Planner APPLICANT: Colorado Rocky Mountain School, Inc. REQUEST: Consider a request for a Location and Extent review and a request to vacate a portion of County Road 106, located in the general vicinity of 1493 County Road 106, extending from County Road 108 north to a point of intersection with Dolores Way. A motion was made to approve the Location and Extent with the finding that it is in general conformance with the Garfield County Comprehensive Plan. MOVER SECONDER VOTE Greg McKennis Keith Lammey FAILED with 2 votes in favor and 7 votes against A motion was made to disapprove the Location and Extent because it is not in conformance with the Garfield County Comprehensive Plan. The reasons given for nonconformance of the Comprehensive Plan were listed in the staff report on pages 4-6, which Kelly Cave read into the record. MOVER SECONDER VOTE Stephen Damm Sean Martin CARRIED with 7 in favor and 2 votes against A motion was made to deny the request for a road vacation because it does not satisfy condition #3. MOVER SECONDER VOTE Stephen Damm Sean Martin CARRIED with 7 in favor and 2 votes against 8. Public Hearing: NOTE: Continued from December 11, 2013 Attachment TXTP 7733 Oil and Gas Definition Complete (r) PRESENTER: Tamra Allen - Planning Manager APPLICANT: Board of County Commissioners REQUEST: Amend Article 15 of the Land Use and Development Code in regard to the definition for Oil and Gas Drilling and Production. A motion was made to table this issue until the March 12. 2014 Planning Commission meeting. MOTION SECONDER VOTE Sean Martin Wendy Haskins UNA by roll call vote 3 (ASSOCIATE) 9. Other Business Tamra Allen reviewed the training for the Planning Commission that will be held on February 26, 2014. Bob Fullerton encouraged all Planning Commission members to attend this training. 10. Adjournment Bob Fullerton adjourned the February 12, 2014 Planning Commission meeting. Respectfully submitted by Becky Wheelersburg Assistant to Planning Commission 4 PLANNING COMMISSION MEETING SIGN -IN SHEET -C' \ Agenda Item:.— Road Vacation/ L&E Meeting Date: 02/12/2014 Name Address E -Mail Safe ?,-47 6 ei &?--11,€) //;-; �� /-�c�,�0� Cd 6 jptv1A1:446\Alc,14 LAG �U rb6 -red teR- e5m4/L , co/v alb( ic pill gAta) 2 So C S- C2 4_ ,,(,2 � 5oc,cIS�S�zi c�f��-G� F1otrY►Ct�� ti C 2_60 i.5i)41 .c6a5n 04GI0,..4 E- ci9vKc.�c s7. CvnnC ccr7: .0,,,-,J Ira IV 4C0S.br ittl e cc J r'evteeya •ncg 5m Page 1 of 1 (/ /1,;()1,94 53 CPI/ 1 i CI4 (Je �r2Plf; e(cc pz.z. 44// /-10K5e_ C�vlaohd e.(. Bt c*1_' 8162- „Soe�Ay ,sbe. C�� b �►.�a l e 411.1/1 A37 f21Ald a Gl !GSuv, @ L co,,,, heitl J esywi 0v11 ik/VCACIvicvkiv"QsrQA Ciik4ze -47a-g ykidli; (ti4 GlyiotallyPsopris,►' e( l'Ylar�t��C� eC-fvKS. 03 21 61-7e � V S ,�lr a V c f e r .•I line ) , 6.7-8 M ,6(`‘e` In/ 79,-e nce (t. 1l, Ca 8 (62-3 �cJ /10 0025 dW4Qac) 0,tr bh-46' .R5 t cz AU e C.Yicickle Co PLANNING COMMISSION MEETING SIGN -IN SHEET Agenda Item: CRMS CR 106 - Road Vacation Meeting Date: 02/12/2014 Address 054 G c- \ 106 6 vow. 1 o5 -cam 2f UGCt2 c k J 2 '9 Esc44 ChKiozfle 114 „LA )19 frees Horse_ ovse. ed., AP d i 3S c leti.woc. 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