HomeMy WebLinkAbout2.0 PC Staff Report 11.10.2010Exhibits — Location and Extent
Dixon Water Foundation/Town of Silt — Silt Colorado River Park, NA 6624
Planning Commission Public Hearing (11/10/2010)
Exhibit
Letter
(A to Z)
Exhibit
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
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MEMORANDUM
DATE: November 10, 2010
TO: Garfield County Planning Commission
FROM: Molly Orkild-Larson, AICP, RLA
Senior Planner
APPLICANT: Dixon Water Foundation/Town of Silt
RE:
"Location and Extent" review, pursuant to CRS 30-28-110(1), et. seq., for the
purchase of 131.925 acres of property owned by the Dixon Water Foundation to
preserve agricultural land, riparian habitat, wildlife resource, and open space
located south of the Town of Silt, Colorado and adjacent to the Colorado River.
I. INTRODUCTION
The Town of Silt is proposing to purchase 131.925 acres owned by the Dixon Water Foundation
to preserve agricultural land, riparian habitat,
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wildlife resource, and open space for public
purpose. This property is
described as a parcel of land
situate in the E1/2 of Section 9
and the W1/2 of Section 10,
Township 6 South, Range 92
West of the Sixth Principal
Meridian, Garfield County,
Colorado as shown on the
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_ _ -' ' - The Town of Silt is partnering with
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' ia variety of funding agencies,
- I --� • `' , ._ , including Garfield County that is
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contributing money to the
acquisition of this parcel. The Aspen Valley Land Trust and GOCO are requiring a conservation
easement on the entire site that will limit the property to specific defined uses and cover the
property in perpetuity. Uses on the property include:
7,6)1 I may,
adjacent map. This parcel is
more particularly described in
Exhibit A. A survey of the parcel
is also attached as Exhibit B.
-4
1. Irrigated pasture for livestock and related agricultural functions.
2. Improved road access.
3. Parking area.
1
4. Boat ramp.
5. Picnic shelter(s) with concrete slabs.
6. Enclosure for portable toilets with concrete slab.
7. Pedestrian bridges.
8. Trail system.
9. Informational wayside signs.
10. Game friendly livestock fencing.
11. Signage relating to the use of the property, seasonal closure for bald eagle nesting, rules
& regulations/hours of use, signage for similar regulating purposes.
12. Gates/fencing for controlling access.
13. Potential improvements to the existing log shelter on the property for possible storage of
site used equipment. The building may be improved to preserve the structure and be used
for a picnic shelter, site information or other site related functions.
14. Unrelated to the town acquisition of the property, will be use of a drilling pad site by Antero
Resources for extraction of natural gas and associated operational/pipeline facilities.
15. The Town is proposing to grant the Dixon Foundation the right to relocate the access to
the property along with any required and associated improvements entirely at their own
cost.
16. Potential establishment of wetlands in the old gravel pit depressions and/or other
appropriate locations.
Site Development Plan
2
11. STAFF COMMENT
This application triggers the statutory process known as "Location and Extent Review" process,
pursuant to CRS 30-28-110(1) prior to closing a contract for the purchase of public property.
The County offers this memorandum as a formal request to come before the Garfield County
Planning Commission on November 10, 2010 at 6:30 PM to present the Applicant's intentions
and discuss this application and its' relationship to the County's Comprehensive Plan.
The Location and Extent requirements (CRS 30-28-110(1)) includes the following:
(1)
(a) Whenever any county planning commission or, if there is none, any regional planning
commission has adopted a master plan of the county or any part thereof, no road, park,
or other public way, ground, or space, no public building or structure, or no public utility,
whether publicly or privately owned, shall be constructed or authorized in the
unincorporated territory of the county until and unless the proposed location and extent
thereof has been submitted to and approved by such county or regional planning
commission.
(b) In case of disapproval, the commission shall communicate its reasons to the board of
county commissioners of the county in which the public way, ground, space, building,
structure, or utility is proposed to be located. Such board has the power to overrule such
disapproval by a vote of not less than a majority of its entire membership. Upon such
overruling, said board or other official in charge of the proposed construction or
authorization may proceed therewith.
(c) If the public way, ground, space, building, structure, or utility is one the authorization or
financing of which does not, under the law governing the same, fall within the province
of the board of county commissioners or other county officials or board, the submission
to the commission shall be by the body or official having such jurisdiction, and the
commission's disapproval may be overruled by said body by a vote of not less than a
majority of its entire membership or by said official. In the case of a utility owned by an
entity other than a political subdivision, the submission to the commission shall be by the
utility and shall not be by the public utilities commission; however, the commission's
disapproval may be overruled by the public utilities commission by a vote of not less
than a majority of its entire membership.
(d) The acceptance, widening, removal, extension, relocation, narrowing, vacation,
abandonment, change of use, or sale or lease of or acquisition of land for any road,
park, or other public way, ground, place, property, or structure shall be subject to similar
submission and approval, and the failure to approve may be similarly overruled.
Garfield County has a Planning Commission which has adopted a master plan called the
Comprehensive Plan of 2000, as amended. The subject parcel is situated within Study Area 2 of
the Comprehensive Plan of 2000, as amended (Comprehensive Plan). Sections 11 and 111 of this
document contains the Background Information and Goals, Objectives, Policies, and Programs
intended to guide and inform future development in Garfield County. The following will
demonstrate that the desire to purchase the subject property is consistent with the
Comprehensive Plan,
3
SECTION 11 - BACKGROUND INFORMATION
8.0 OPEN SPACE AND RECREATION
This section of the comprehensive plan indicates that "The rural character of Garfield
County, particularly the unincorporated portions is defined in a large extent by the
presence of large parcels of open space. These open spaces include those currently
under open space zoning designations (Federal and State land), as well as rangeland to
provide visual open space opportunities." This plan also states that "The maintenance of
open space also encourages the preservation of the rural lifestyle which residents of the
County value."
Staff Comment: The subject property is a large parcel (131.925 acres) that is to be used
as public open space under the jurisdiction of the Town of Silt.
8.1 Existing Policies
The Comprehensive Plan develops a range of objectives and policies for Open
Space and Recreation based on one goal which is to "Ensure that County residents
and visitors have ample recreational opportunities through the development and
maintenance of parks, recreational facilities and passive open space." Objectives
and policies that support this goal include:
• Support the creation of open space areas that will remain natural in perpetuity,
particularly the transportation corridors between communities.
• Encourage dedicated open space to be contiguous to other open space uses.
• Ensure that access to public lands is maintained and expanded; and public
access to unbuildable lands and floodplains should be provided in all new
development.
• Rafting and fishing are considered important recreational/tourist attractions to the
area and should be enhanced.
Staff Comment: The subject parcel meets the above goal, policies and objectives by
providing recreational facilities and passive open space that will remain in perpetuity,
will be contiguous to other open space (Colorado River) uses, ensures access to
public lands, and provides opportunities for rafting and fishing.
SECTION III -- GOALS, OBJECTIVES, POLICIES AND PROGRAMS
5.0 RECREATION AND OPEN SPACE
Staff Comment: The proposal of purchasing of the subject parcel supports the following
goals, objectives, policies, and programs of the Comprehensive Plan as follows:
Goals:
• Garfield County should provide adequate recreational opportunities for County
residents, ensure access to public lands consistent with BLM/USFS policies and
preserve existing recreational opportunities and important visual corridors.
• Extends trail system along river corridor.
• Work with the communities to develop a Colorado River trails and preservation
plan.
4
Objectives:
5.3 Access to public lands will be expanded and maintained.
5.7 Encourage interaction between county/community.
Policies:
5.2 Important visual corridors will be identified and appropriate policies developed to
address the retainment of open space areas that link communities in the County.
5.5 With the cooperation of the Division of Wildlife, developments proposed in areas
next to streams or rivers with rafting or fishing potential should dedicate easements
for public access to these areas.
Programs:
5.4 Planning staff in cooperation with planning and zoning commission, will research
options regarding feasible and legal alternatives to acquire open space and
recreational easements. Based upon the options identified by the staff, of the
planning commission will make a recommendation to the Board of County
commissioners regarding potential alternatives.
5.OA OPEN SPACE AND TRAILS
Issues:
Wildlife habitat is being negatively impacted due to growth pressure.
Staff Comment: By providing larger parcels of land will assist in providing areas of
habitat that can be used by wildlife.
The Applicant indicates that the access to the subject parcel is to remain as it currently
exists with improvements to occur subsequent to the purchase of the property. Access
to the subject parcel access will commence the existing driveway/road to the old farm on
County Road 346 and continue north within the Town of Silt's public access easement.
This easement crosses the southerly parcel owned by Dixon Water Foundation. The
existing intergovernmental agreement with Garfield County provides that the Town of Silt
will execute a second intergovernmental agreement detailing the terms and conditions of
the access to ensure that access maintenance and costs thereof will remain the
obligation of the Town of Silt.
6.0 AGRICULTURE
Staff Comment: The following goal is addressed by proposing a conservation easement on the
subject property.
Goal:
Consider land trusts and conservation easements.
10.0 URBAN AREA OF INFLUENCE
The property is falls within the Area of Urban Influence (within two miles) of the Town of Silt.
The property contains a farm house and outbuildings with the majority of the property as
undeveloped. Under the Town of Silt's Comprehensive Plan the parcel is shown as
Public/Quasi Public Parks and Open Space. As such, this land use is compatible with the
existing County's zoning (Rural) and future land use objectives of the Town of Silt.
5
111. STAFF CONCLUSION
In summary, the Staff believes that purchasing the subject property will preserve agricultural
land, riparian habitat, wildlife resource, and open space for citizens of adjacent municipalities
and County residents. Therefore, the proposed purchase is consistent with the applicable
portions of the County's Comprehensive Plan of 2000, as amended and Garfield County Land
Use Resolution of 2008, as amended.
6
Exhibit A
Legal Description
PROPERTY OESCF?IPTLQFI
A PARCEL OF LAND SITUATED IN THE 01/2 OF SECTION 9 AND THE WI/2 OF
5EC11ON 10, TONNS1111' 6 SOUTH, RANGE 92 WEST OF THE 510TH PRINCIPAL
MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL DEING NORE
PAR OCULARLY OESCR1900 AS FOLLOWS:
00141)090/49 AT RIE WITNESS CORNER TO TINE SOUTHEAST CORNER Of SARI
SECTION 9, A STONE FOUND IN PLACE; THENCE 1473"21'46"W A INSTANCE OF
2039.21 FEET TO 1 0_EQDT Of BEGINNING- THENCE NO0'37'49164 A DISTANCE OE
745.70 FEET; THENCE 1489'37'14"E A DISTANCE OF 279.75 FEET; THENCE
N00'32'34"w A INSTANCE OF 1.649.30 FEET TO A PONT IN 111E CENTERLINE OF TINE
COLORADO RIVER; THENCE ALONG SAND CENTERLINE 148331-8107"E A 0;5TANCE OF
251.93 FEET: THENCE CONTINUING ALONG SAD CENTERUNE 085130'101 A DISTANCE
OF 984.78 FEET; THENCE LEAVING SAID CENTERLINE 576'23'47"E A DISTANCE OF
1,838.73 FEET: THENCE 513'2'14"W A 015TANCE OF 650.00 FEET TO A POINT IN
THE CENTERLINE OF DRY HOLLOW DITCH. THENCE ALONG SAID CENIERUNE
524'OI'OYW A DISTANCE OF 98.59 FEET; THENCE CONTINUING ALONG SAID
CENTE6UNE 501'IS'lS'W A DISTANCE OF 130.61 FEET; THENCE CONTINUING ALONG
SAID CENTERLINE 511E35'56'E A DISTANCE OE 111194 FEET; THENCE CONTINUING
ALONG 540 CENTEAUHE 505'39'09'01 A 015TANCE OF 95.60 FEET TO A PANT ON
THE 90905064.5 UNE OF THE RISING SUN DITCH AS RECOR0010 N 6009 1456 AT
PAGE 961 AND 973 IN THE GARFIELD COUNTY CLERK ANO RECORDER'S OFFICE;
THENCE LEA9160 541D CENTERLINE ALONG THE NORTHERLY UNE 56757'53'6 A
DISTANCE OF 703,68 FEET; THENCE CONTINUING ALONG SAID NORTHERLY UNE
550'33'23'W A DISTANCE OF 59.49 FEET; THENCE' CONTINU;NG ALONG SAID
NORTHERLY UNE 561113'21'6 A DISTANCE OF 151.65 FEET: THENCE COSON111NG
ALONG SAID NORTHERLY UNE ALONG THE ARC OF CURVE TO THE RIGHT HAVING A
9401115 OF 48500 FEET AND A CENTRAL ANGLE OF 1158'16', A DIS1ANCE Of
101.33 FEET. (CHORD BEARS 567'02'29"W A DISTANCE OF 101.15 IEET); THENCE
CONTINUING ALONG 0410 525.111(515 LINE 573111'37"W A DISTANCE OF 1.00 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY UNE 576'43'34"5 A DISTANCE OF
9.00 PEET; THENCE CONTINUING ALONG 5410 NORTHERLY UNE ALONG THE ARC OF
CURVE TO THE RICHT HAWNG A RADIUS OF 485.00 FEET ANO A CENTRAL ANGLE
OF 09'22'37', A DISTANCE OF 7937 FEET. (CHORD BEARS 081.2452"W A DISTANCE
OF 79-29 FEET): THENCE CONTINUING ALONG SAID NORTHERLY LINE 966'46'47"W A
D ISTANCE OF 31,06 FEET: THENCE CONTINUING ALONG SAID NORTHERLY UNE
58513'58'6 A DISTANCE OF 27.88 FEET; THENCE CONTINUING ALONG 540
NORTHERLY LINE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT
H AVING A 639105 OF 457.47 FEET ANO A CENTRAL ANGLE OF 13'21'54", A
0457'4 001 Of 108.71 FEET, (CHORD DEARS N67'07'36'W A DISTANCE OF 106,47
FEET); THENCE CONTINUING ALONG SAID NORTHERLY UNE ALONG THE ARC OF A
NON -TANGENT 20RVE TO THE LEFT HAVING A RA01U5 Of 965.37 FEET AND A
CENTRAL ANGLE O 1203'24', A DISTANCE OF 217.88 FEET. (CHORD BEARS
58-0'34'23"W A DISTANCE OF 217.40 FEET); THENCE CONTINUING 41O910 SAID
N000409LY UNE ALONG TAE ARC OF A NON -TANGENT CURVE TO THE 010141
H AVING A RADIUS OF 317.90 FEET AND A CENTRAL *NOCE OF 5557'37'. A
DISTANCE OF 310.49 FEET. (CHORD BEARS N85'35'00'6 A DISTANCE OF 298.30
FEET); THENCE CONTINUING ALONG SAID NORTHERLY UNC 4410'34'06'W A DISTANCE
OF 0,80 FEET: THENCE CONTINUING ALONG SAID NORTHERLY LINE N3915'77'W A
DISTANCE Of 62.50 FEET: THENCE CONTINUING ALONG SATO NORTHERLY UNE
N78'31'03"W A DISTANCE OF 31.95 FEET; THENCE CON11NU1NG ALONG 5A10
NORTHERLY UNE 544'39'35"W A DISTANCE OF 33,20 FEET; THENCE CONTINUING
ALONG 5410 NORTHERLY LINE 54458'40'W A DISTANCE OE 158.06 FEET; THENCE
0044111,161:51 ALONG SATO NORTHERLY UNE 64620'32"W A DISTANCE OF 30.14 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY UNE 544'00'32'W A DISTANCE OF
140.94 FEET, THENCE CONTNTANC ALONG SAID NORTHERLY UNE 55106'31"W A
DISTANCE OE 37.17 FEET; THENCE CONTINUING ALONG SAID NORTHERLY UNE
56501'56'6 A INSTANCE OF 18.74 FEET; THENCE CONTINUING ALONG SAO
140411NERLY UNE 575'30'07'0 A DISTANCE OF 23.59 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY LINE 558'49'20'W A 015TANCE 0< 7201 FEET: THENCE
CONTINUING ALONG SAID NORTHERLY UNE 6•756'4 7"W A INSTANCE OF 2404 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY' LINE 54913'30"W A DISTANCE OF
26-34 FEET; THENCE CONTNUINC ALONG SAID NORTHERLY LINE 55854'10"W A
DISTANCE OF 1977 FEET; THENCE CONTINUING ALONG SAID NORTHERLY UNE
575'58'09"W A 13/STANCE OF 1495 FEET, THENCE CONTINUING ALONG SAID
NORTHERLY UNE 58119'48'6 A DISTANCE OF 21.97 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY UNE 1463'53'12'5 A DISTANCE OF 20.71 FEET; THENCE
CONTINUING ALO16 5410 NORTHERLY UNE 1479'30'45"6 A DISTANCE OE 19.88 FEET.
THENCE CONTINUING 44040 541D NORTHERLY UNE 6152'49'39'5 A INSTANCE OF
14.05 FEET; THENCE CONONUING ALONG 540 NORTHERLY LINE 50533'36"W A
DISTANCE OF 40.63 FEET; THENCE CONTINUING ALONG SAD NORTHERLY LINE
N47'30'02,6 A DISTANCE Of 10.40 FEET; THENCE CON2N0ING ALONG RAID
NORTHERLY UNE N5D'S6'2R'W A DISTANCE OF 20.50 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY UNE N5404'07"W A DISTANCE OF 1986 FELT: THENCE
CONTINUING ALONG SAND NORTHERLY U140 144111'53"W A DISTANCE OF 23.43 FEET.
THENCE CONTIN0ING ALONG SAID NORTHERLY LINE N43'34'33'44 A DISTANCE OE
27.24 FEET; TI4ENCE CONTINUING ALONG SAID NORTHERLY LINE N414'24'74'6 A
DISTANCE Of 30,25 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LD1E
1454'56'10'W A DISTANCE OF 31,63 FEET; THENCE CONTINUING ALONG 2410
NORTHERLY UNE 062'50'12'6 A DISTANCE OF 25.39 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY UNE 971'00'30"W A INSTANCE OF 34.42 FEET; THENCE
CONTINUING ALONG SAD NORTHERLY UNE N69'58'33'W A DISTANCE OF 40.23 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY UNE 96493596 A DISTANCE O'
21.45 FEET: THENCE CONTINUING AL13/45 SAID NORTHERLY UNE N7O'21'10"6 A
DISTANCE OF 25.47 FEET: THENCE CONTINUING ALONG SAD NORTHERLY LNE
N5125'12'W A DISTANCE OF 31.22 FEET; THENCE CONTINUING ALONG 55840
NORTHERLY UNE 58411734'W A DISTANCE OF 26.07 FEET; THENCE CONTINUING
ALONG SAID NORTHERLY UNE 579'56'08'W A INSTANCE OF 34.60 FEET: THENCE
CONTINUING ALONG SATO NORTHERLY LINE 57449'57"W A DISTANCE OF 32.44 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY UNE 57896'57"6 A DISTANCE OF
10-24 FEET: THENCE CONTINUING ALONG SAID NORT1E017 UNE 574'44'30'44 A
DISTANCE Of 47,75 FEET; THENCE CONTINUING ALONG SAID NORTHERLY UNE
565'25'05'w A DISTANCE OF 35,27 FEET: THENCE CONTINUING ALONG 540
NORTHERLY UNE 566'26'00'W A DISTANCE OF 30.63 FEET; THENCE 572'54';1"5 A
DISTANCE DF 14.76 FEET; THENCE CONTNUNG ALONG SAM NORTHERLY UNE
56029'15"W A INSTANCE OF 149.20 FEET: THENCE CONTINUING ALONG 1440
NORTHERLY LINE 55700'24'6 A INSTANCE OF 226.93 (EFT; THENCE CONTINUING
ALONG SAID NORTHERLY LINE 589'2212"W A INSTANCE GF 19,55 FEET; TO TILDE
PC642 Or RFGINNING- SAID PARCEL CONTAINING 131-925 ACRES, MORE OR LESS.
7
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Exhibit 8
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REQUEST:
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of 2008, as amended.
10