HomeMy WebLinkAbout2.0 Staff Report PC 10.12.16October 12, 2016 Planning Commission,
Public Hearing Exhibits - Location and Extent for CR 121 Vacation
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A Public notice documents includins Publication and Mail Receipts
B Garfield County 2OI3 Land Use and Development Code, as amended
C Garfield County Comprehensive Plan 2030, as amended
D Application
E Staff ReDort
F Staff Presentation
G Email dated September 28,2016 from Dave Erickson, Aspen Valley Land Trust
H Email dated September 29,2016 from Mike Prehm, Road & Bridge
I Draft Resolution
J Letter dated Colorado Parks and Wildlife dated October 3,2016
K l.etter dated October 4-2016 with Sue Rosers/Crvstal River Ranch Co sienature
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Garfield CoulnA
PUBTIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
application required written/mailed notice to adjacent property owners and mlnera!
ners.
All owners of record within a 200 foot radius of the subject parcel were identified as
aarn atl et tlp rrnfnlval nhhfu. .BLlt v\oq't*t A tpltt
application required Publlshed notice.
each adjacent road right of way
above information is true and accurate.
Maited notice was compteted on the dtaav ot 4(*LWWzorc.
Notice was pubtished on the fua^v ot 4?4CYnldrY, zorc.
attach proof of publication in the Rifle Citizen Telegram.
,ication required Posting of llotice.
Notice was posted ". .ri"-4fi*; ,v ot 1dolrc( , zorc.
Notice was posted so that at least one sign
generally used by the public.
I
Name:
Signature:
::il Ei.([giilffi#ffHptrtr',:hlryffitl'n/
wlh 7n'
Alt owners bt mineral inte'rest in thessubject propert! were identified throlrg[ record-s in- h
d" .-r,,, i:r,,*i,i"* *:ili=,.1* ff !ffi $ffi 1yitti' ,eat {hr{ {ho ?a\ryryna aarn att et t}p nnfn4a/ nlftt l. BL}t
"{,r€.Pleaseattachproofofcertified,returnreceiptrequestedmailednotice'W.n^,offt,,1.
Date:
PUBLIC NOTICE
TAKE NOTICE that James and Henslev Peterson and the Coulter Creek Vallev Ranch.
LLLP have applied to the Planning Commission, Garfield County, State of Colorado, to
request approval of a Location and Extent application related to a request to vacate a
segment of unused right-of way near County Road 121 (Coulter Creek Road). This site
is located within the County of Garfield, State of Colorado, to-wit:
Lesal Description: See attached Exhibit A
Practical Description: Northeast of Carbondale, just north of the Cattle Creek School
House in Section 32, Township 65, Range 87W of the 6th P.M.
Request: To review the Location and Extent of a request to vacate a segment of deeded
right-of-way formerly intended for CR 121.
All persons affected by the proposed Road Vacation are invited to appear and state their
views, protests or support. lf you can not appear personally at such hearing, then you
are urged to state yourviews by Ietter, as the Planning Commission willgive consideration
to the comments of surrounding property owners, and others affected, in deciding whether
to grant or deny the request for a Location and Extent related to vacation of an unused
segment of right-of way near CR 121. The application may be reviewed at the office of
the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza
Building, Glenwood Springs, Colorado, 81601, between the hours of 8:30 a.m. and 5:00
p.m., Monday through Friday. Or online at http://www.garfield-county.com/public-
records/county-documents.aspx by putting the file numbers into the search box. Those
file numbers are RVAC-07-16-8474 and LAEA-07-16-8475.
A public hearing on the application has been scheduled for the 12th day of
October, 2016 at 6:00 PM, in the Commission Meeting Room at the Garfield County
Administration Building located at 108 8th Street, Glenwood Springs, CO.
Planning Department
Garfield County
EXHIBII A
Legol Description
PETERSON RANCH (78-ACRE PARCET)
A TRACT OF LAND SITUATED IN SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE
SIXTH PRINCIPAL MERIDIAN SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL THAT PART OF A PARCEL OF LAND DESCRIBED IN BOOK 445 AT PAGE 13I OF THE
GARFIELD COUNTY CLERK AND RECORDER'S RECORDS LYING SOUTH AND EAST OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN A FENCE LINE WHENCE THE NI/4 CORNER OF SAID SECTION 32
BEARS N. 08 DEGREES 08' 2l " E. 3959.68 FEET; THENCE ALONG SAID FENCE LINE THE
FOLLOWING NINE (9) COURSES: N. 0l DEGREES 3l' 21" W. 422.97 FEET; THENCE N. 37
DEGREES I3,37'' E.507.I4 FEET; THENCE N. I I DEGREES I6, 59,,E.119.87 FEET; THENCE N.
29 DEGREES 49' 20" E.197.85 FEET;THENCE N.23 DEGREES IO' 28" E.219.91 FEff; THENCE
N.88 DEGREES 48'05" E. 1O9.21 FEET; THENCE N. 60 DEGREES 55'30" E.504.23 FEET;
THENCE N. I O DEGREES 09, 32" E. 67.86 FEET; THENCE N. 57 DEGREES 59' 22" E.322.9? FEET:
THENCE N. 90 DEGREES OO'OO'' E. 573 FEET MORE OR LESS TO THE EAST LINE OF SAID
PARCEL OF LAND DESCRIBED IN BOOK 445 AT PAGE 131
COUNTY OF GARFIELD
STATE OF COLORADO
coutTER CREEK VALtEy RANCH, tttp pARCEt (GARFIELD COUNTY PORTION)
TOWNSHIP 6 SOUTH, RANGE 87 WEST, 6TH P.M.
SECTION 29:E\l2E112
SECTION 32:E1l2NEl/4, NEI /4SE114
SECTION 33: NWI /4, Nl /2SWl 14, W1 l2W1 l2wl l2NE1 14
ALSO
ALLTHAT PART OF THE SWI/4NEI/4 AND WI/2SEI I4OF SECTION 29 AND ALLTHAT PART
OF THE NWl /4NE] I4 OF SECTION 32, ALL IN TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE
6TH P.M., GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE FOLLOWING
DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE El /2NEl /4 OF
SAID SECTION 32 WHENCE THE EAST QUARTER CORNER OF SAID SECTION 32 BEARS S.
89050' E. I 323.30 FEET; THENCE N. 02"09' E.7 40.92 FEEI TO A POINT ON A FENCE AS
CONSTRUCTED AND lN PLACE; THENCE N. 02o22' E. 591 ,97 FEET ALONG SAID FENCE;
THENCE N. OI OO8, W .347 .62 FEET ALONG SAID FENCE; THENCE N. 49O1 6, W , 527 .03 FEET
ALONG SAID FENCE; THENCE N. I5O55' W.567.57 FEET ALONG SAID FENCE; THENCE N.
5IO32' E.2O9.89 FEET ALONG SAID FENCE; THENCE N. 22OI 5, E. 553.87 FEEI ALONG SAID
FENCE; THENCE N. 35"48' W.474.23 FEET ALONG SAID FENCE; THENCE N. 17023' W. 450.89
FEET ALONG SAID FENCE; THENCE N. 48"52, W.229.37 FEET ALONG SAID FENCE; THENCE
N. 2403]' W.
784.06 FEET ALONG SAID FENCE;THENCE N.01ol8'W.300.28 FEET ALONG SAID FENCE;
THENCE N. I4O5I , W .724.92 FEET ALONG SAID FENCE; THENCE N. 34O05' E. 550.43 FEET
ALONG SAID FENCE TO ITS INTERSECTION WITH A FENCE RUNNING EAST AND WEST;
THENCE N. 34O06' E. 3I3.23 FEET TO THE NORTHERLY LINE OF THE SWI /4NE1/4 OF SAID
SECTION 29.
EXCEPTING FROM THE ABOVE PARCELS THAT PORTION CONVEYED TO THE BOARD OF
COUNTY COMMISSIONERS FOR ROAD PURPOSES BY DOCUMENT RECORDED AUGUST 8,
I93I IN BOOK I59 AT PAGE 285 AS RECEPTION NO. I 10503.
COUNTY OF GARFIELD
STATE OF COLORADO
ANY PORTION OF THE FOLLOWING LYING IN GARFIELD COUNTY, COLORADO:
TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M.
SECTION 27: ALLTHAT PORTION lN THE Sl /2N112 AND THE S1/2 LYING WESTERLY OF
coTToNWOOD pASS ROAD (EAGLE COUNTY ROAD #5-]04) AS CONSTRUCTED AND lN
PLACE.
SECTION 28: Wl 12, SEI14, 51 l2NE114
COUNTY OF GARFIELD
STATE OF COLORADO
TOWNSHIP 7 SOUTH. RANGE 87 WEST OF THE 6TH P.M.
SECTION 5: LOTS 3,5,6,9, 10, I I AND SEI/4NWl/4
SECTION 6: LOT 9 AND THAT PART OF LOT I LYING SOUTH OF LOT l2 AND LYING SOUTH
OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT I2 OF SAID SECTION 6 TO THE
SOUTHEAST CORNER OF LOT 2 OF SAID SECTION 6.
EXCEPTING FROM THE ABOVE THAT PORTION CONVEYED TO THE BOARD OF COUNTY
COMMISSIONERS OF GARFIELD COUNTY FOR ROAD PURPOSES BY DEED RECORDED
MARCH 12,1898IN BOOK 20 AT PAGE 588 AS RECEPTION NO.20794, AND OCTOBER 5,
I9O4 IN BOOK 64 AT PAGE 22 AT RECEPTION NO. 29944, AND EXCEPTING THAT PORTION
CONVEYED TO LOVELL GRUMLEY AND NANCY GRUMLEY BY DEED RECORDED JULY 20,
] 990, IN BOOK 783 AT PAGE 986 AS RECEPTION NO. 4148I8, AND EXCEPTING THAT
PORTION CONVEYED TO SCHOOL DISTRICT NO. 6 BY DEED RECORDED APRIL 3, I895, IN
BOOK 38 AT PAGE 275 AS RECEPTION NO. I8295.
COUNTY OF GARFIELD
STATE OF COLORADO
THE SEI /4NWI I4,THE SWI /4NE1/4, NWI /4SE1/4, SWI /4NWI 14, ALL OF LOT I , LOT 2 AND
LOT 4, ALL IN SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M.
THE NI /2NWI /4 OF SECTION 32, TOWNSHIP 6 SOUTH, RANGE 87 WEST OF THE 6TH P.M.
ALL THAT PART OF THE SWI /4NEI /4 AND THE W] I2SE1I4 OF SECTION 29 AND ALL THAT
PART OF THE NWl /4NEI /4 AND THE EI /2NEI I 4 OF SECTION 32, ALL IN TOWNSHIP 6 SOUTH,
RANGE 87 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO, LYING WESTERLY OF
THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE
EIl2NEI I4 OF SAID SECTION 32 WHENCE THE EAST QUARTER CORNER OF SAID SECTION
32 BEARS S. 89o50' E.
,l323.30
FEET; THENCE N. 02o09' E.740.92 FEET TO A POINT ON A
FENCE AS CONSTRUCTED AND lN PLACE; THENCE N.O2o22' E. 591 .97 FEET ALONG SAID
FENCE; THENCE N. 0l "08' W .347 .62 FEET ALONG SAID FENCE; THENCE N. 49"1 6' W . 527.O3
FEET ALONG SAID FENCE; THENCE N. I5055, W. 567.57 FEET ALONG SAID FENCE;THENCE
N. 5l "32' E.209.89 FEET ALONG SAID FENCE; THENCE N. 22o15' E. 553.87 FEET ALONG SAID
FENCE; THENCE N. 35o48' W. 474.23 FEET ALONG SAID FENCE; THENCE N. I 7"23' W. 450.9
FEET ALONG SAID FENCE; THENCE N. 48052' W.229.37 FEET ALONG SAID FENCE; THENCE
N. 24"31 ' W .784.06 FEET ALONG SAID FENCE; THENCE N. 0l "l 8' W. 300.28 FEEI ALONG
SAID FENCE; THENCE N. 14o5,|' W.724.92 FEET ALONG SAID FENCE; THENCE N. 34"06' E.
550.43 FEET ALONG SAID FENCE TO ITS INTERSECTION WITH A FENCE RUNNING EAST AND
WEST; THENCE N. 34"06' E. 3]3.23 FEET TO THE NORTHERLY LINE OF THE SWI /4NEl 14 OF
SAID SECTION 29.
EXCEPT A STRIP OF LAND BOUNDED AND DESCRIBED IN WARRANTY DEED DATED
OCTOBER 3,1904 FROM AMOS RALSTON TO THE BOARD OF COMMISSIONERS OF
GARFIELD COUNTY, RECORDED AS DOCUMENT NO.30260 IN BOOK 64 AT PAGE 73, ON
JANUARY 5, I905, AS FOLLOWS:
BEGINNING AT A POINT ON THE LINE TO LOTS I AND 3, SECTION 32, TOWNSHIP 6 SOUTH,
RANGE 87 WEST, 6TH P.M. WHENCE THE SW CORNER OF SECTION 32, IN SAID TOWNSHIP
BEARS S. 55o33' W . 2626 FEET; THENCE N. 39"1 8' E. 178 FEET TO A POINT; THENCE N. 3l o00'
E. 621.4 FEET TO A POINT; THENCE S. 82ol 4' E. 4O1 .7 FEET TO A POINT; THENCE N. 18o52' E.
189 FEET TO A POINT; THENCE N. ,l9030' W. 390 FEET TO A POINT; THENCE N. 4601 4' E. 460
FEET TO A POINT; THENCE N. 8l "52' E.2\O FEET TO A POINT; THENCE N. 3l ol 2' W.252tEfl
TO A POINT; THENCE N. I4o44' W .296 FEET TO A POINT; THENCE N. l0ol0' W. 3l0 FEET TO
A POINT; THENCE N. 29"50' E. 348 FEET TO A POINT ON THE CENTER OF THE COUNTY
ROAD AS NOW UPON THE GROUND, AND LEADING SOUTHWESTERLY TO THE "FISHER
RANCH'' COMPRISING AN AREA OF 5.05 ACRES MORE OR LESS, AND BEING A STRIP OF
LAND 60 FEET IN WIDTH, FOR COUNTY ROAD PURPOSE.
ALSO EXCEPTING A TRACT OF LAND SITUATED IN SECTION 32, TOWNSHIP 6 SOUTH, RANGE
87 WEST OF THE 6TH P.M., SAID PARCEL BEING PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PART OF A PARCEL OF LAND DESCRIBED IN BOOK 445 AT PAGE I31 OF THE
GARFIELD COUNTY CLERK AND RECORDER'S RECORDS LYING SOUTH AND EAST OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN A FENCE LINE WHENCE THE NI/4 CORNER OF SAID SECTION 32
BEARS N.08o08'21" E. 3959.68 FEET;THENCE ALONG SAID FENCE LINE THE FOLLOWING
N|NE (9) COURSES:
N. 0t o3t 2l " w. 422.97 FEEI;
THENCE N. 37OI3'37'' E. 507.I4 FEET;
THENCE N. I I OI 6'59'' E. I I 9.87 FEET;
THENCE N.29"49'20'' E. I97.85 FEET;
THENCE N.23"IO'28" E.219.91 FEET:
THENCE N. 88O48'05" E. 'IO9.2I FEET;
THENCE N. 60"55'30'' E. 504.23 FEET;
THENCE N. I0009',32" E. 67.86 FEET;
THENCE N. 57"59'22" E.322.99 FEET;
THENCE N. 9O"OO'OO'' E. 573 FEET MORE OR LESS TO THE EAST LINE OF SAID PARCEL OF
LAND DESCRIBED IN BOOK 445 AT PAGE I3I.
ALSO EXCEPTING;
THE PROPERTY DESCRIBED IN INSTRUMENT RECORDED JANUARY 6, 20.l 5 AT RECEPTION
NO.857972
COUNTY OF GARFIELD
STATE OF COLORADO
22 I Thursday, September29,2016 | The Citizen Tetegram
)edpto: S6e affid khbit A
[!@ld@ Notustot caMds, ju$ mffo, tho card6 cr€6k sctulHouss in ssctn
r$ip65, Rds STWolhe 6h P.M.
I To r.dil the Lftatm ad Extont ol a roqusst lovacale a s€gm€nl ol dee&d nghl{fway
inleffi hr CR 121.
Al p6rss afl6ct6d by lh6 propGod RGd Vacatim ars invit€d lo app€a, and tu16 th6n vi6ws pre
issls s suppod. ll you €n not appoar por$ndly al such h€aling, $€n you aro uISd io sbt€ your
vi6ws by l6tor, as h€ Planning Commission will givs consid€raton to lh. commonls ol surrcundng
bboetu *n€B. and oh€r€ afl€ct€d. in docidino whethgrlo o€nt or denv he r€ou€6t,or a L*6tion€8. and oh€rE ati€cl.d. in d6cidrng whelhgrlo gcnt or deny he r.qu$l lor a Ldaton
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. Buildnq, Gl€Nd Spdnqs. Cdorado, 6160t, b.tu6.n ho hours oi 8:30 a.m. d 5:00
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rHlc krlng oS. €ppllcdon hs h*h&14tb 12th d.y ol Octd€r,2016 at6:00
in b6 commissiff Meotng RM atth6 Gailgld County Adminisrato Bullding leald al 108 8lh
el, Gbnwd Spdres. CO.
EXHIBTAL.gd Dcdpton
sON BANCH I7&ACRE PARCEL)
:T oF UND StruAlED tN sEcftoN 3?, TowNsHtp 6 soLTt, BANGE oTwEsr oF THE
PBINCIPAL MERIDIAN SAID PARCEL BEING MOBE PARTICULARLY DESCRIBEO AS
I PART OF A PARCEL OF LAND DESCBIBED IN BOOK 445 AT PAGE 131 OF THE
D COUNry CLEBK ANO BECOBDEF'S BECOBOS LYING SOUTH ANO EAST OF THE
)7 FEETi THENCE N. 37 DEGR
E. 119.E7 FEETr THENCE N
0' 28' E. 219.91 FEfl: THENC
S 55'30' E 504 23 FEET] THEI
PART OFIHE SWl/4NE1/4 ANDW1/2SE1/4 OF SECTION 29ANDALTMI
4NE1/4 OF SECTION 32, ALL IN TOWNSHIP 6 SOUTH, MNGE ETWEST Of
FIFI D COUNW COI OFADO I YING EASTEFLY OF THE FOLLOWNG DI
I LYING SOUTH OF LOT 12 AND LYNG SO(
ORNER OF LOT 12 OF SAID SECTION 5
15"55'W. 567.57 F
FENCE; THENCE iFEfr ALONG SAID
4E.52'W. 229.37 FES
'FENCEi THENCE N. 01'
FEET ALONG SAID FEI
IMERSECTION WTH A
TOTHE NORTHERLY UI
EXCEPTING FROM THI
IN AOOK 38 AT PA6E 275
il4, Ml/GEil4, SWVffil/4, ALL OF LOT 1, LOT 2 AND LOT 4.
6 SOUH EANGE OTWSI OFNE 6THPM.
, ToWiIP 6 soWH. mNoE 87 wEsT oF mE 6TH P.M.
A STRTP OF LAND BOUNDED AND DESCRIBED IN WARRANfl DEED
N 32, ToITVNSH|P 6 SOWH, milGE
RLY DESruBEDAS Fo[ffii
BOOK 445 AT PAOE I31 OF THE
LYING SOUTH AND ilST OF THE
CINT IN A FENCE LINE WHENCE THE N1/4 CORNER OF SAID SECTION 32
E. 39ss.08 FEET: THENCE ALONG $lD FENCE LINE THE FOLLOWre MNE
W. e.e7 FEETI3"193r E. 507.t4 FEET;
11"16'9' E. 119.87 FEET;
a"4820' E, t9ZA5 FEET;
23.10%'E,2to.o1 FEET;6.46'E- 100.21 FEE:
OR LEAS TO THE ilST LINE OF SAID PARCEL OF
tiEscBtBED tN TNSTBUMENT BECoRDED JANUARY 6,2o1EAT REcEpnoN
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!N THF NAME OFTHE STATE OF COIOMDO
OIL AND GAS CONSEBVATION COMMISSION
OFTHESTATE OF COLORAOO
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exHtelT
Planning Commission
October 72,2OtG
Location and Extent LAEA-07-15-8474 - KE
TYPE OF REVIEW
APPLTCANT (OWNER)
CONSULTANT
LOCATION
Location and Extent - Vacation of Public Right-of-Way for CR 121
James and Hensley Peterson; Coulter Creek Valley Ranch, LLLP
Tim Malloy - TG Malloy Consulting, LLC
Eastern Garfield County, north of the intersection of CR 113 and CR 100
The Location and Extent process is required as a companion application with a request to vacate a County
Road. The Applicants are requesting that a portion of the deeded right-of-way be vacated as it terminates
within private property.
[r;:,r-l .X - Sl*l ", .' !l ,- 6 , rl, {., X t r;]ri;tr1$rt
The Location and Extent review is required of public and quasi-public projects to determine if the project
is in general conformance with the Comprehensive Plan. This process is required due to the public nature
ofthe ROW that is requested to be vacated.
1l
Planning Commission
October 12,20L6
Location and Extent LAEA-07-15-8474 - KE
of Carbondale. As shown in Figure 2,
Zoning Map, the area is located near the
Eagle County/Garfield County border which
is to the east of the subject site, BLM Land
to the west and otherwise predominantly
Rural properties in the vicinity.
Submittal documentation was forwarded
to the numerous federal, state and local
agencies for review and response.
Comments have been received from the
following agencies:
Road & Bridge, Exhibit H: Road & Bridge
indicated that they maintain CR 121to the
turn-around area as shown on Exhibit 8 of
the application, and that the vacation of the
right-of-way would not alter or affect any
services currently provided by Road &
Bridge. Private easements exist to serve
properties to the north, however they are
not shown in relation to this request. lf the proposed vacations do not interfere with the private
easements then Road & Bridge has no issues with the request.
Aspen Vallev Land Trust (AVLT). Exhibit G: Dave Erickson, Stewardship Director, responded that they had
provided a letter to the Applicant regarding this request. That letter, dated June 7,2}!6,states that AVLT
holds a conservation easement on the property and that the easement does not appear to be adversely
impacted by the proposal.
Colorado Parks and Wildlife. Exhibit J: CPW has no issues with the request.
The following agencies did not respond:
County Manager Carbondale and Rural Fire Protection District
US Forest Service Sheriff
BLM Assistant County Engineer
The site is located approximately 6-miles north of the intersection of SH 82 and CR 100, east of the Town
Figure2-ZoningMap
2lPage
Planning Commission
October L2,2076
Location and Extent LAEA-07-16-8474 - KE
Consolidated Reservoir
Book Cliff, Mount Sopris and South Side Soil Conservation District
A. Overuiew.
Location and Extent Review of certain public and quasi-public projects is mandated by State law
including, but not limited to, C.R.S. 55 30-28-110,22-32-L2+(rXa) and 2Z-32-t2a(1.5)(a). tn the
event of any conflict between these procedures and applicable State law, State law shall govern.
1. The entity charged with authorizing and financing a public project, orthe board
of education for the applicable school district, shall submit an application for
Location and Extent Review. Except if it is a utility owned by an entity other than
a political subdivision, then the application must be made by the utility, not the
Public Utilities Commission.
a. The following Projects shall be subject to Location and Extent Review:
a. Roads, parks, or other public way, ground, or space;
b. Public Buildings or structures;
c. Public utilities, whether publicly or privately owned, unless the Public
Utility project is a designated activity of State interest subject to
permitting pursuant to c.R.s. s 24.65.1-501; and
d. The acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment, change of use, sale, lease, or acquisition of land
for any road, park, or other public way, ground, place, property, or
structure; and
e. Public and charter schools;
2. The Location and Extent Review of a request to vacate a County road or public
right-of-way pursuant to section 4-108 may be combined with any request being
processed through this section.
B. Review Process.
Applications for a Location and Extent Review shall be processed according to Table 4-LO2,
Common Review Procedures and Required Notice, with the following modifications:
1. The Planning Commission shall either approve or disapprove the application for
a Location and Extent Review based on general conformance with the
Comprehensive Plan.
2. ln the event the Planning Commission finds the application is not in general
conformance with the Comprehensive Plan and disapproves the application, the
following apply:
a. For public and charter school projects, the Planning Commission may
request a Public Hearing before the board of education, pursuant to
c.R.s. 5 22-32-L24(tXa) or (l.sXa).
3lPaBe
Planning Commission
October L2,2016
Location and Extent LAEA-07-16-8474 - KE
b. For all other projects, the Applicant may appeal the disapproval to the
applicable governing body in accordance with C.R.S. 5 30-28-110(1)(blor
(c).
Review Criteria.
The Planning Commission shall determine whether the project is in general conformance with the
Comprehensive Plan.
The subject sites are located in eastern Garfield County, north of SH 82. The Future Land Use Map of the
2030 Comprehensive Plan, as amended, shows that these sites are designated as Low Density Residential,
t0+ acres per dwelling unit. The general area is Low Density with pockets of Residential Medium density
to the south and west of the site, as shown in in Figure 3 below. The subject sites are outlined in red.
Clearly the sites are located in
an area where the potential for
future development would be
low density.
Section 3, Transportation Plan
Elements states that all county
road extensions follow criteria
including a logical extension,
presence of existing adjacent
land uses and consistency with
future land uses. The fact that
the ROW does not extend
through the Coulter Creek
Valley Ranch (CCVR) property
to serve adjacent lands is
critical in the review of the
appropriateness of vacating
the ROW as it does not provide
access to adjacent land and
could not provide access to
adjacent lands as the ROW
terminates within the CCVR
property.
The Comprehensive Plan also
states that infrastructure improvements and maintenance should be provided in a cost effective pattern,
which would not occur in this area due to minimal development potential.
c.
(igure 4 - f uhy* Lan& Ilse Map
4lPaBe
2.
Planning Commission
October L2,}OLG
Location and Extent LAEA-07-L6-8474 - KE
Finally the Applicant proposes that the ROW vacation is consistent with the goals of Section 8, Natural
Resources, in that impacts from any ROW would be detrimental to existing vegetation and wildlife values
of the area.
Analysis of the Comprehensive Plan demonstrates the Location and Extent of the proposed road vacation
is in generally conformance with the Garfield County Comprehensive Plan.
L. That proper public notice was provided as required for the hearing before the Planning Commission.
That the hearing before the Planning Commission 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 meeting.
That for the above stated and other reasons the Location and Extent for the Vacation and Relocation
of CR 121 is in the best interest of the health, safety, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. That the application is in general conformity with the Garfield County Comprehensive Plan 2O30, as
amended.
5. That the application has adequately demonstrated that the Location & Extent is compliant with the
Garfield County 2013 Land Use and Development Code, as amended.
The Planning Commission is the decision-maker on this request and has the option to approve or
disapprove the request for Location & Extent based upon conformity with the Comprehensive Plan. Staff
finds that the application to vacate CR 121 right-of-way is consistent with the comprehensive plan, and
recommends that the Planning Commission approve the Location & Extent.
A draft resolution has been provided for Planning Commission review should a motion be made to
approve the application.
SlPage
&---1-----
From:
Sent:
To:
Subject:
Attachments:
Dave Erickson <dave@avlt.org >
Wednesday, September 28,2016 4:31 pM
Kathy A. Eastley
RE: Referral for Review of CR 121 Road Vacation
Peterson_50'_ROW_Vacation_Letter_AVLT. pD F
Hi Kathy,
Sorry to be getting back to you late on this. I was just leaving for vacation when you emailed me and it slipped through
the cracks when I returned!
Anyways, l've attached the letter we sent to the Peterson's for this application to vacate a portion of the CR 121 ROW. ln
these instances, where we've already submitted a letter that is attached to the application, do we still need to submit a
letter to the county? or does the letter we submitted with application suffice?
Let me know and I can address a letter to the county if needed.
Allthe best,
Dave Erickson
Stewardship Director
ASPEN VALLEY LAND TRUST
320 Main Street, Suite 204
Carbondals CO 81623
970.963.8440
AVLT.org
Saving the best... to lastffitr
Gary Knaus
Sec/Btary
Board of Dirgctors
Jim Cardamone
Prcsident
Dave Beillack
Vice-Prcsiddnt
Dan Brumbaugh
Treasuror
Jeanne Doremus
Bill Kane
Amy Daley Krick
Fred Lodge
"
Matt Sturgeon
Staff
Suzanne Stephens
Exocutive Director
Melissa Sumera
Of)eratians Dircctor
Dave Erickson
Stewadship Direclor
Efrn Qurnn
Conservation Direclar
Valery (elly
Developrnent Ditector
Sawing the best ... to last
June 7,201"6
James Peterson
1654 County Road 121
Carbondale, CO 81623
RE: Abandonment of 60' Connection R.O.W.
Dear Mr. Peterson,
The Aspen Valley Land Trust (AVLT) has received your request regarding the
abandonment of a Garfield County R.O.W. across the northern portioh of your property
(78 acres) that is under conservation easement (CE) with AVLT (CE Recorded on
l2l27l2OO7 at Receptio n # 740028 and Amend ed on 61912010 at Reception # 7870371.
The location of this R,0.W. is depicted on the attached exhibit and labeled 't6O
Connection ROW".
AVLT is not opposed to this request as no adverse impact to the property under CE is
anticipated by this action.
Should you or Garfield County have any additional questions regarding this matter, do
not hesitate to ipntact me.
Thank you,
/b;l frnrz,,.
Dave Erickson .
Stewardship Director
970.963.84/t0
dave@avlt.org
Aspen Valley Land Trust, 320 Main Street, Suite 2O4, Carb<indale, CO 81623 tel:97O1963.844O f.ax:9701963.8441 emait: avlt(gavlt.org www.avlt.org
llil [rrr]&rlt lltlffilltlil ltlllt{tllh'flil l#,lll't llllI
Receotion#: 787037oatgdtzalo o9:38:24 Qll JBan Alberico5 of 6 Rac Fee:336.O0 Ooc Fea:0.00 GflRFIELD C0UNTY C0
Conservation Easement BoundarY
Survcycd northcrly propany f"i oi
Pclchon 78 ocre Porcd, . \ .
EXHIBIT F
Sgrvey of Relocated County Road l2l ROW, Connection ROW, and vacated Ralston ROW/ . (/t . .Cnt,frm of onc-tottc uaitDtw.d mod ahom on Slttrco hE. sttvry 'r'' ' t!r',l
oo:bc rbwrrbq P, 2oo1 atMt@ oor:ore? ,tuot, Lodt.d -(rttc Ndl mrb I . -'./ I .;t-;;;ri;-er;;s-uwwa w*ite nco.ld escilrcnb Cd/q .- \-.''l / t .';Ac6tb tighb to lctdt-omtd b! htlL" -Ct .k Wlq turch uLP, )aV . t / /'i;-;fr irnfu; tv&/s,atfl$llt?, cmblldow Ranotz hc. t ' ' / ; ,"lu rucroir nfrilbnoaca ilrd Cr:rs,tol frvv Roncrt Co. al?. , ( / /'w Nmwbv 9.N erP.o r /' '{{'l' 1 '\\I i i\\ SWNE.1. !. .ii\.r .\ \.
.
ECTION ROW \\ \'l'. 6o'.coNN. . ., . . .rr..
Point ol boglnning of thc centcr-lino ol p 60'. R-O-U. '\ '
to.be o.oni.d t;Gorficld Countv os porllol tho vocolion \'ir i rtiio" of the road on th? Patircol 78 ocra porcar os . '\ '
dcscribcd ln th. t9O4 Robton R-O-tl dlcd b eorlicld Cour,/.\ \dcscriw ln tho 1904 Robtur R-O-rl dicd to furlicld 6ouafy.\ 1
fhis catcr-linc is clasuihd in a rooctttdy su^4! dotctl \
27 Nowmb*, 2001 by.bmucl PhclPs, furfiaU County Sutqor. \
Conservation Easement
NWSE
Relocated CR l2l ROW
furcyad cqilqr frr. ol ttD dilng ifiroaGd Cot tU M l2l uffirg wlhcnt Ihn ilE eht rlffi il M lfio rulsir btc ol An Ptlm ll *n !
Md to'il! PotqTori twlt*tt Nadtr'&D atich is & lhe iltJfrn d tp Ptwl, @''*i,6ryrut R4-w to b anatd to difutl cury t$ot, Goliil d tE ,W IMan R,4-U
,#
\ aonr*ru,ion Easement Bormdary
Road & Bridge
September 29,zOLo
RE: County Road 121 Road Vacation
Kathy,
Garfield County Road & Bridge currently maintains County Road 121to the turn-around as
indicated on map in Exhibit 8. This vacation of Right of way would not alter or affect any
services we provided.
ln the referral it mentions private easements to access property to the North but did not show
them in relation to this request. lf the Ralston and the Connector Right of Way vacations does
not interfere with the private easements, Road & Bridge would be ok with this proposal.
Thank you for giving us the opportunity to review.
Mike Prehm
Garfield County R&B
Foreman
(970) 625-8501Office
(970) 62s-8627
EXHIBITLi
STATE OF COLORADO
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 PlazaBuilding, 108 8m Street, in Glenwood
Springs, Colorado, on Wednesday, the l2h day of February ,2014, there were present:
Bob Fullerton , Commissioner, Chairman
Keith Lammey , Commissioner, Vice Chair
Stephen Damm , Commissioner, Secretary
Gres McKennis Commissioner
Kasev Nisoel , Commissioner
Michael Sullivan Commissioner
Commissioner
Associate Commissioner
Associate Commissioner
Associate Commissioner
Eric Rudd
Lee Damuth
Matt Lanshorst
Steve Kvle
)
) ss.
)
Kolly Caye .,,,,,,:llttt . , Assistant County Attorney
Becky Vy'heelersbuig',t::;t:tttt|;t;t';t':,',,,, Clerk to the Commission
when the following proceedings, among others were had and done, to wit:
.,,..ttt::tttl:ltl:ltll: tltl;'. . '1, .,':,:'.t . ' t::lt'ttt:tlltl':tlt:,tt:t't
A RESOLUTION ToIIWIE,MOR LIE)ETHE]IP,L ING COMMISSION DECISION ON A
LOCATION AND E*TENT IPFYICITION FOR THE VACATION OF PORTIONS OF
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: 't tlt:,::::::1,::.,.,1t:tllttt,:,. "i1:,iijtji)i:ij:l:,'
GARFIELD COUNTY FILE NUMBER LAEA.0T-16-8474
Recitals
C. James and Hensley Peterson and Coulter Creek Valley Ranch, LLLP have applied to the Com-
mission for a Location and Extent review of the proposed vacation of portions of the Right-of-Way
of County Road 121 (Coulter Creek).
D. Pursuant to Section 4-lll (AX2) of the Garfield County 2OL3 Land Use and Development
Code, as amended, and C.R.S. $ 30-28-l l0(lXa) the Commission is required to review the location
and extent of the road vacation to determine whether the road vacation is in general conformance
with the County's Comprehensive Plan.
E. In accordance with state law, the Commission has adopted a comprehensive plan, currently
Comprehensive Plan, 2030, as amended.
F. The Commission opened a public hearing on October 12,2016 upon the question of whether
the proposal is in general conformance with the Comprehensive Plan.
G. The Commission closed the public hearing on October 12, 20t6 to make a decision on the
request.
H. The Commission, on the basis of substantial competent evidence produced at the aforemen-
tioned hearing, has made the following determinations of fact:
l. That proper public notice was provided as required for the hearing before the Planning Com-
mission.
2. That the hearing before the Planning Commission was extensive and complete, that all perti-
nent facts, matters and issues were submitted or could be submitted and that all interested
parties were heard at that meeting.
3. That for the above stated and other reasons the Location and Extent for the Vacation of por-
tions of CR 121, as shown on $e't)btiq-c,hed Exhibit A, is in the best interest of the health,
safety, convenience, order, prosperity an$ welfare of the citizens of Garfield County.
That the application',1$,.generally coflsistent wii\:|59 Garfield County Comprehensive Plan
NOW,
follows:
ATTEST:
Stephen Damm, Secretary
Garfield County Planning Commission
PLANNING COMMISSION OF GARFIELD
COUNTY, COLORADO
llllttlttl:,::11::,::,:t:1:,,. '':l:l::l:1,.,,:t,. tl:..:: . ,'
The f_oregoing Recitals are incorporated by this reference as part of the resolution.''t1l::'t::t',:::::ll::,"
'i:'l'1::'lttt ''.....j,)tjtj;j,, t:::,1:,:,tt|B. Thela*fiion ande*funtrequest for the vacation of County Road 121 (Coulter Creek)
is hereby approved. "'t'll"'1,,,it,'1,,,',1:t,
,,,1,:;,,,:,it',';,,i,;,,',,:,,,.,,t
"ttt: t::;.,t tt):t1)t,:l::l:l:attl.:
DATED this 12ft day of October,2Ol6.
A.
Bob Fullerton, Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the follow-
ing vote:
Commission Chairman Bob Fullerton Aye / Nay
Commissioner Keith Lammev Ave / Nav
Commissioner Stephen Damm Aye / Nay
Commissioner Gres McKennis Ave / Nav
Commissioners Kasev Nisoel Ave / Nav
Commissioner Michael Sullivan Aye / Nay
Commissioner Eric Rudd Ave / Nav
Associate Commissioner Lee Damuth Aye / Nay
Associate Commissioner Matt Langhorst Aye / Nay
Associate Commissioner Steve Kyle Aye / Nay
.,, . ,.,' ..;.:.:, .,;.
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)1 ):)1 1:):j1'. ):11)j j.'....... 1 )... :: it.:.t t: t:.1 :. :t :t tt r.
' ,,, ,:1'L' ,,,,', '::::tttr rtl,
^AffiI
COLORADO
Parks and Wildlife
Department of Natural Resources
Glenwood 5pnngs Area 0ffice
0088 Witdlife Way
Gtenvrood Springs, C0 81601
October 3,2016
Kathy Easttey
Senior Planner ,'
GimetO County Community Devetopment
108 8th Street
Gtenwood Springs, C0 81601
RE: RVAC-A7-16-8475 and LAEA-07-1 6-8471County Road 121 Road Vacation
Dear Kathy,
Colorado Parks and Witdtife (CPW) has reviewed the apptication for the propoted road
vacation and locatlon and extent. Based on the proposed action, CPW staff betietres
'that the effects on toca[ witdtife and wltdtife habitat should be negtigibte.
Cotorado Parks and Witdtife appreciates the opportunity to submit comments for this
proJect. lf there are any questions or needs for additionat informatlon don't hesitate
to contact Distrkt Witdtife lrtanager, lvtatt Yamashita at (97A1947-2931 ar Land Use
Speciatist, Taytor Elm at (9701947-7971.
Area Witdtife lvtanager
EXHIBIT
,,, .., ..,::
Cc.|rtatt Yamashita, District Witdtife lilanager
Taytor Elm, Land Use Speciatist
Fite
Bob D. Brs€h€rd. Orect6, Cdgado Park and V'tildrfe . Parks and wildlire Cofimbimr Rob€rt W. Bray. Chak
Chrts Ca*itlan, Yace Chair . Jeanrt tio.ne, Seoetary . Jotin tlof.ard, Jr. . &ll lGns . Dale Phet . Jamel Prlbyt r Jares Vlgil
Dean Winglield r Mchelie lim/tErnan . &e: ZlFp
Sincerely,
E'fiEiT-
K
-
Oclobor 1,2016
Suc Rodgcrs
Crystal River Sanch Co, llf
555 17th Street, Suite 2400
Oq.nvcr, CO 80202
Re: Proporcd v.scollon ol unured ROW on Pclcrton/CCVR Propcrty
DeorSue:
As our long-.lime neighbor ond friend, we wonled to let you know thol we ore in the
process of opflying to Gorfield County for lhe vocqlion of unused dghl-of.wry on our
properlyin lhe CoulterCreekVofley (see otloctred Exhibit 7 tromouropplicotion). As you
.cqn see from lhe otloched mop, lhe proposed dghi-of-woy vocotion wlll nol offecl
occess lo your property. Since the dghl-of-woy being vqcoled is not within 200 feet of
your property, the Gorfield Lond Use Code does nol requke thoi we nolify you regording
the proposed vocotion. However, os o courtesy to you ond oul of oppreciolion forour
long history of cooperotion, wewonted lo inform you of our pending opplicolion.
Our opplicotion for righl-of-woy vocolion opprovols will be reviewed by ltre Gorfteld
County Plonning ond Zoning Commission on October l2n ond the Boord of County
Commissionen dudng lhe following monlhs. lf you hove ony concems orwould like
to hove more informolion obout our proposed dghhof-woy vocolion, pleose feel free lo
contoct us. Sue, we would oppreciole you expressing your supporl for our oPdicolion by
signing in the spoce provided below ond refurning o copy of this letler to Hersley ond
me ot PO Box 1714, Aspen, CO 81612.
We send our ihqnla ond best regords,
es ond Hcnsloy Pclcrron
fo Gofield Counlv Boord of CountvCommlrgloqcn: We rupporllhe dght'of-woy
vocolton qcllon propored by Jomcr ond Hcnslcy Pclcnon ond Coultcr Crock Vollcy
Rqnch,l[[P.-