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HomeMy WebLinkAbout3.0 PC Staff Report 04.28.2010Exhibits — Road Vacation for County Road 165— Iron Rose Land and Cattle I, LLC RVAC 6061 Planning Commission Public Hearing (4/28/2010) A Garfield County Unified Land Use Resolution of 2008, as amended B Garfield County Comprehensive Plan of 2000, as amended C Application D Staff Memorandum E Staff Powerpoint Planning Commission Minutes from Site Visit, dated November 6, 2009 G Letter from David Mead, Garfield County Building and Planning/Addressing, dated December 7, 2009 H Memo from Jake Mall, Garfield County Road and Bridge, dated December 1, 2009 z Email from Dan Roussin, Colorado Department of Transportation, received on December 6, 2009 J Email from Bill Gavette, Deputy Chief of the Carbondale and Rural Fire Protection District, received December 3, 2009 K Email from Scott Aibner, Garfield County Surveyor, received on December 7, 2009 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: RVAC 6061 Vacation of County Road 165 APPLICANT (OWNERS): Iron Rose Land and Cattle 1. LLC REPRESENTATIVE: John B. Wood PC 4/28/2010 TV I. REQUEST The Applicant requests the Board of County Commissioners to vacate County Road 165 from its intersection with County Road 111, to its endpoint and intersection with CR 153. The illustration below illustrates the road rights-of-way in the vicinity of County Road 165. II. REFERRAL REQUIREMENTS Section 4-110 of the Unified Land Use Resolution of 2008 outlines the process for Road Vacations following a Determination of Completeness by the Building and Planning Department. Within 5 days of issuing a determination the Department will set a date for a public hearing before the Board to determine which agencies/departments shall review the application for road vacation. On October 12, 2009 the Board selected all of the referral agencies recommended by Planning Staff and also directed Planning Staff to coordinate a site visit with the Planning Commission which was held on November 6, 2009. Referrals were sent to the following agencies: • County Manager • County Attorney • County Road and Bridge Department • County Sheriff • County Surveyor • County Engineer • Any Municipality within 2 miles of the proposed road vacation • Colorado Division of Wildlife • Bureau of Land Management • U.S. Forest Service • Colorado Department of Transportation • Fire District III. GENERAL ROAD DESCRIPTION / USE Presently, CR 165 begins near an intersection of CR 153, CR 165, and CR 111 looping north, west, and then southeasterly to an intersection with CR 153. The road is gravel throughout its entire length. At the road intersection with CR 111, CR 165 accommodates two-way traffic but then narrows to a single lane to the end point and intersection with CR 153. Also, at the CR 111/165 intersection turning movements are restricted with limited sight visibility for turning movements onto CR 111. The applicant is requested a full vacation of the entire CR 165 right-of-way and has offered draft access easements with the application to serve adjacent property owners, utility services, and emergency access. The existing roadway appears to provide rural residential and agricultural access. The surface is gravel/dirt and the right-of-way narrows in width as it approaches the CR 153 intersection. Vacating this road right-of-way would not affect adjacent property owners if the draft access easement is implemented with the consent of neighboring property owners that use CR 165. IV. REQUIREMENTS Requirements for vacating a public right-of-way were originally adopted in Garfield County Resolution No 2003-07 and readopted, verbatim, as part of Resolution 2009-53 amending numerous sections of the Unified Land Use Resolution of 2008. Section 4-110 requires that the Board select the appropriate referral agencies when considering any public road right-of-way vacation and the agencies noted above were sent a copy of the complete application. 2 V. REFERRALS Referral copies of the application were sent to the above noted agencies and departments for review with comments summarized below. Garfield County Building and Planning/Addressing (Exhibit G) — Road names will need to be selected and approved for correct addressing if the road vacation is approved. Garfield County Road and Bridge (Exhibit II) — The Road and Bridge Department has no objection to vacating the requested portion of CR 106. . Colorado Department of Transportation (Exhibit I) — CDOT has no comments on the proposed road vacation. Carbondale and Rural Fire Protection District (Exhibit .J) — There are no identifiable issues noted by the Carbondale and Rural Fire Protection District. Garfield County Surveyor (Exhibit K) — The County Surveyor finds the survey data acceptable. VI. PROHIBITED VACATIONS The Unified Land Use Resolution of 2008, as amended, states that the Board shall not approve any petition or request to vacate a county or public road right-of-way when the following information has been submitted: • The subject county road or public road right-of-way provides any access to public lands; • The subject county road or public road right-of-way abuts or is connected to any property including any easement owned by the federal government, State of Colorado, municipality, county, or special district, where such property or easement constituted a public park, recreational area or trail; and • The subject county road or public road right-of-way is currently used or will be used in the foreseeable future for any county or public road purpose. The aerial map above shows the road intersection of CR 111 and CR 165 at one end and terminating at the intersection with CR 153. The applicant claims this right-of-way is used as primary access by Iron Rose Land for farming operations and secondary access for various land owners both adjacent (The Caudill Parcel) and for occasional internal use by other adjacent property owners. Letters from utility providers and the Carbondale Fire District are included in the application stating no opposition to the proposed roadway vacation as long as adequate utility and fire access easements are granted. There does not appear to be any access to public lands via this road right-of-way. The Applicant note there is no deeded or dedicated rights-of-way for CR 165 and argues that the "sporadic public use" of the CR 165 (Tab 5) did not establish CR 165 by a prescriptive right. 3 VII. PLANNING STAFF RECOMMENDATION Based on the information provided by the applicant, Planning Staff recommends that the Planning Commission recommended approval of the proposed Road Vacation RVAC 6061 for County Road 165 to the Board of County Commissioners as described on the Applicant's survey with the following recommended findings: 1) That proper public notice was provided as required for the hearing before the Planning Commission; 2) The subject county road or public road right-of-way does not provide any access to public lands; 3) The subject county road or public road right-of-way does not abut or is not connected to any property including any easement owned by the federal government, State of Colorado, municipality, county, or special district, where such property or easement constitutes a public park, recreational area or trail; 4) The subject county road or public road right-of-way is not currently used or will not be used in the foreseeable future for any county or public road purpose; 5) That for the above stated and other reasons, the proposed public right-of-way vacation is in the best interest of the health, safety and welfare of the citizens of Garfield County; IX. RECOMMENDED MOTION "I move to recommend approval to the Board of County Commissioners, for the request to vacate a portion of CR 165, Road Vacation RVAC 6061 and adopt the recommended findings." 4 PC Members Present Phil Vaughan Cheryl Chandler Bob Fullerton Sean Martin Greg McKennis Lauren Martindale PLANNING COMMISSION SITE VISITS FRIDAY, NOVEMBER 6, 2009 Staff Present Tom Veljic, Planner Molly Orkild-Larson, Planner Cathi Edinger, Note Taker Absent from this site visit are: Jock Jacober, Adolfo Gorra, John Kuersten, and Michael Sullivan. Earlier, this month the BOCC requested that the Planning Commission and Staff do a site visit on three different Road Vacation Applications that are scheduled to come before the Planning Commission on December 9, 2009 and January 13, 2010. All three will also be heard by the BOCC. Staff in -turn scheduled the three site visits for Friday, November 6th from 1:00.4:00 p.m. Tom Veljic is the County Planner reviewing all three of these applications. Tom Veljic led the site visit. Some of the Planning Commission members met the County Planning Staff at the County Administration building. From there we drove to the Carbondale Park -n -Ride and picked up four other Planning Commission Members. Tom Veljic introduced Molly Orkild-Larson to the Planning Commission members present as our newest Garfield County Planner. Torn Veljic explained that we should have group discussions only on these proposals and that there probably would not be any of the property owners around during the site visits. A site map of the locations we are going to stop at was handed out to the Planning Commissioners members and Staff. Tom Veljic also wanted to bring to the attention of the Planning Commission members present that the November 18th agenda is quite large and he would like to bring one of the items listed on that agenda to the front of that agenda to review noticing information and to continue that item to possibly December 2nd because of its controversial nature. Mr. Veljic doesn't think we will be able to get to that item that night and that there will probably be several neighbors present for that particular item. Phil Vaughan said he is not available on December 2"d. Planning Commission members present agreed that the regular scheduled Planning Commission meeting scheduled for December 9th would work better for them. Phil Vaughan said he will not be present at the December 9th Planning Commission meeting. Torn Veljic explained where we were heading to first. The first stop will be at CR 165 and CR 153. Both are road vacation requests filled by the property owner Iron Rose Land and Cattle, LLC. We stopped at CR 165 first and Tom Veljic gave some description of the request to vacate. Sean Martin asked how many neighbors use this road. Tom Veljic said that the neighbors that use the road are okay with request and easements have been granted. Tom Veljic said he has only received one phone call from the Nieslanik's about one issue. 1 Greg McKennis asked who the applicant is. Tom Veljic said Iron Rose Land & Cattle, LLC. Sean Martin replied that is Tom Bailey. Greg McKennis asked who will maintain the road. Tom Veljic said that is their issue. Greg McKennis asked does the County have deed to this road or right-of-way. Tom Veljic thinks it's a prescriptive right-of-way. Tom Veljic said now we will continue through to the CR 153 intersection. We stopped at the entrance to the Cassidine property and we were pointed out where the County Road ends on his property. Phil Vaughan asked if at the east end of section 11 is that where the road runs out Tom Veljic said that is correct. Our next stop is at CR 106. This is a Road Vacation request for property owned by the Colorado Rocky Mountain School. (CRMS) Tom Veljic went to the office at CRMS to let them know we are here to do our site visit. CR 106 is at the entrance to CRMS. A foot path runs along side of this road. Greg McKennis asked is everyone happy with this request. Tom Veljic said that the Planning Staff would like to encourage continued use of 20' easement for emergency and recreational access. CRMS has requested this road vacation several times in the past. Sean Martin said this use to be open and was shut off in the 1980's. Tom Veljic said the pedestrian bridge is going to be restored and will be used as part of the bike path. It will be a connection for people to get through. Tom Veljic said if the Commission does consider vacating this road staff wants an easement for bike and foot traffic from entry to the end. Vacate request is to stop at right-of-way proposed. We drove down to the pedestrian bridge next. Greg McKennis said he wants the Staff to nail that down before the meeting concerning bike path, etc. Tom Veljic said he has left message for the applicant's representative Larry Green to discuss but he hasn't heard back from him yet. Tom Veljic said he hopes to have some answers or alternative before the meeting. Cathi Edinger handed out the Planning packets for the joint Planning Commission and BOCC meeting scheduled for Tuesday November 10, 2009 to all members in attendance. Packets were mailed to the Planning Commission members who were not in attendance at this site visit. This joint meeting is for the selection of the Citizens Advisory Committee (CAC) for the Comprehensive Plan rewrite. Site visit concluded around 3:15 p.m. 2 December 7, 2009 Thomas Veljic Garfield County Staff Planner Tom, Garfield Coun BUILDING & PLANNING DEPARTMENT I have completed my review of RVAC 6060 and RVAC 6061. The residences' on these roads will no longer have County Road as part of their physical addresses. The private roads will have to have names assigned to them and signage will need to be put in place and maintained. According to the Garfield County Road Inventory, CR 153 is also called Big Four Road, and CR 165 is also called Mountain Meadow Dr. These names may be used or different designations can be chosen, subject to approval. The number designations that exist are probably ok but I would like to have a chance to revive them. Thank you for the opportunity to review these applications, and if you have questions, please call. Si erely, David Mead Garfield County Building and Planning 108 8th Street, Suite 201, Glenwood Springs, Colorado 81 601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: Cr. 165 Road Vacation Sent to: Garfield County Road & Bridge Date Sent: December 1, 2009 Comments Due: December 7, 2009 Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Thomas Veljic 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objections to this application with the following comments. After consulting with the Glenwood Road and Bridge Foreman we have no objection to this road vacation. The review shows all parties will have permanent access to their property and the road access no public property. The road is not maintained by Garfield County and we receive no funding for it. the road is in reality a private road to private parcels. Name of review agency: Garfield County Road and Bridge Department By: Jake B. Mall Date: December 3. 2009 Revised 3/30/00 Tom Veliic From: Roussin, Daniel[Daniel.Roussin@DOT.STATE.CO.US] Sent: Sunday, December 06, 2009 2:53 PM To: Tom Veljic Subject: Vacate County Road 165 Tom — I have no comments. Thanks Dan Roussin Region 3 Permit Unit Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 970-683-6284 Office 970-683-6291 Fax 1 EXHIBIT T Tom Vei is From: Bill Gavette [gavette@carbondalefire.org] Sent: Thursday, December 03, 2009 9:11 PM To: Tom Veljic Subject: Road Vacations: CR 165 & CR 153 Attachments: image003.jpg Dear Thomas, 1 have reviewed the applications for the proposed vacations of portions on County Road 165 and County Road 153 and have no issues with the proposals. Please contact me if you have any questions or if I may be of any assistance. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 FIRE • EMS • RESCUE 1 Tom Veliic From: Scott Aibner Sent: Monday, December 07, 2009 12:03 PM To: Tom Veljic Subject: Road Vacation CR 165 CR 153 Tom, The survey data contained within these applications is acceptable for content and form. I didn't check for accuracy of survey as this is the responsibility of the project surveyor. Thanks, Scott Aibner, PLS Garfield County Surveyor 109 8Th Street Suite 201 Glenwood Springs, CO 81601 Ph: 970-945-1377 Ext 1325 Fx: 970-625-5575 saibnerngarfield-county.com 1