AN ORDINANCE AUTHORIZING PRINCE CREEK

AGENDA ITEM SUMMARY
MEETING DATE:
May 25, 2016
AGENDA ITEM TITLE: AN ORDINANCE AUTHORIZING PRINCE CREEK TRAIL PROPERTY
ACQUISITION.
STAFF RESPONSIBLE:
Matt Adeletti and Dale Will
SUMMARY OF ISSUE: Pitkin County approved the purchase of a trail corridor and trailhead parcel
from the Tybar Ranch in 2012, and 2013, under Ordinances 016-2012 and 005-2013. Given the time
that has elapsed, Staff is now asking that the BOCC reauthorize essentially the same package as was
approved in those prior Ordinances.
BACKGROUND:
Prince Creek Road runs approximately 6.2 miles from the Crystal Trail/Highway 133 to the Dinkel Lake
turnoff to W. Sopris Ck. Road. Recreational use of this route by bicycles and pedestrians has
dramatically increased in the last decade. The primary users are a.) mountain bikers seeking to access
trails currently on the private “Haynes” parcel, the Crown, and Hay Park, and b.) nearby residents
walking on the road. We have secured agreements to acquire approximately 14.6 acres to create a trail
parallel to Prince Creek Road for approximately one mile along Prince Creek proper, along an edge of
Tybar Ranch. Our agreement includes a 4.6 acre trailhead parcel (See map and aerial photos). The one
mile long corridor parcel is approximately 10 acres that varies in width from 30-120 feet. In addition,
we will acquire a 30’ wide trail easement on Tybar’s lands below the Farris Driveway, reaching just
inside the Garfield County line.
The Tybar reach of this road (above the bend at the Flying Dog Barn) is a choke point where many
curves and a predominantly east/west aspect create poor site lines, and roadside parking creates
congestion at the entrance to Prince Creek subdivision. The Public Works Department has fielded a
couple public meetings with neighbors who are concerned about the current parking situation. Above
and below this choke point, the curves are less and the site lines are better.
Under Ordinance 016-2012, the County approved the fee acquisition of 3 parcels of land totaling
approximately 10 acres to create a trail parallel to Prince Creek Road for approximately one mile along
Prince Creek, within what is now the Tybar Ranch (the "Trail Parcel") , and the fee purchase of a 4.6
acre trailhead parcel (the "Bull Pen") (See map and aerial photos). The 05-2013 Ordinance approved
$675,000 of the purchase price to come from the Parks Dedicated Fund and not the Pitkin County Open
Space and Trails fund, which Ordinance 016-2012 originally established.
Based on the earlier approvals and agreements, the County had also approved a subdivision exemption
plat that has not yet been recorded. With a minor amendment (already approved by Com. Dev.) to
address the reliance on an easement rather than a fee purchase for that portion of the corridor burdened
by the AVLT easement, the prior subdivision approval remains adequate to facilitate this transaction.
The only change to the current contracts from the previous contracts is that the County will acquire an
exclusive Public Use Easement, rather than a fee simple interest, on the 4.58 acre Trail Parcel
encumbered by an existing AVLT Conservation Easement which was found to prohibit subdivision.
The net result will be exactly the same as originally contemplated, with a public trail allowed and an
exclusion of livestock from that reach of Prince Creek.
The Proposed Trail Corridor Looking upstream from Tybar Barn (proposed parcel boundaries in redtrail alignment in purple) – Prince Creek Subdivision on upper right. {Photo Courtesy of Altitude
Filmworks}
Trail Corridor Parcel looking downstream from Ranch- “Bull Pen” Trail Head Parcel middle left.
{Photo Courtesy of Altitude Filmworks}
Acquisition of the trail corridor will also allow the Open Space Department to undertake some stream
restoration work by fencing cattle away from certain areas and seeking to protect and regenerate
surviving cottonwood stands and other riparian vegetation.
Prior to constructing any improvements on the Property, the Open Space Department will undertake
further public scoping and management. We note that the Bull Pen Trail Head parcel does include a
domestic well, which could be used for public facilities as may later be found appropriate for the site.
LINK TO STRATEGIC PLAN: This acquisition meets the County’s goal to provide recreational
resources and riparian habitat in our valley. This will also relieve a problem on the County road
system, and is therefore good stewardship of County assets.
KEY DISCUSSION ITEMS (ALTERNATIVES): The alternative to this project would be not to
consummate the contract.
BUDGETARY IMPACT: The attached Ordinance will amend the Open Space Budget and the Parks
Dedication Fund to authorize the expenditure needed for this purchase.
RECOMMENDED BOCC ACTION: Staff recommends that the Board of County approve the attached
Ordinance on first reading, and set for public hearing on June 8, 2016.
Attachments: Maps
Prince Creek Trail
Y
X
Y
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Y
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Prince Creek Road
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X
Fee acquisition for Trail
Emerson/Knaus
Trail Easment Acquisition
OpenSpaceEasements
Y
X
Parcels_Garfield
Y
X
Federal Land Boundary
Agency
Farris Driveway
Y
X
Y
X
Y
X
BLM
Y
X
Y
X
Y
X
State of Colorado
Y
X
USFS
XY
XY
Y
X
Y
X
Y
X
Flying Dog Barn
Y
X
Y
X
County Line
Y
X
Y
X
Y
X
ditch
Roads
Y
X
Y
X
Rivers/Streams
Y
X
Y
X
Y
X
Y
X
0
Y
X
Y
X
Y
X
Y
X
Y
X
BullPen
Y
X
Y
X
Flying Dog West Conserv. Ease
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
Y
X
XY
Y
X
XY
Y
X
500 1,000
2,000 Feet
²
Y
X
Y
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Y
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Y
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Y
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Y
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Th
o
m
as
C
re
Crystal Island Ranch - Thomas Creek
Prin
ek
C
ce
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX,
Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community,
Crystal Island Ranch - III Pitkin County
k
ree
This map/drawing is a graphical
representation of the features
depicted and is not a legal representation.
Accuracy is not guaranteed.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING T H E PRINCE CREEK TRAIL
PROPERTY ACQUISITION.
ORDINANCE NO. _______-2016
1.
The Voters of Pitkin County and the Pitkin County Commissioners established an Open Space
and Trails Fund for the purposes of preserving and providing open space and trails resources, and
established an Open Space and Trails Board of Trustees to guide the expenditure of those funds.
2.
The Open Space and Trails Program is charged with protecting agriculture, open space,
habitat, scenic view planes, water rights and river access.
3.
The Prince Creek Trail Property (the “Property”) owned by the DKD "2004" Trust, a Texas
Trust and legally described as attached in Exhibit A, which possess scenic, natural, wildlife, and
recreation and includes portions of Prince Creek and includes recreation activities once the
management plan is complete.
4.
On July 7, 2012, the Pitkin County Open Space and Trails Board recommended that the
BOCC approve the previously proposed Contract and Ordinance.
5.
The popularity of Prince Creek Road with pedestrians, bicyclists and related parking
has created a congestion and safety problem on the roadway.
6.
The owners of the Tybar Ranch has offered to sell Pitkin County a trail corridor that is
approximately one mile long paralleling Prince Creek and Prince Creek Road via fee and easement
interest, and approximate 5 acre parcel for potential trailhead and parking use.
7.
The congestion and safety issues related to recreational use of Prince Creek Road would
be significantly mitigated by the acquisition of a grade separated trail and parking area.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County,
Colorado that:
1.
The Board approves an expenditure of up to $675,000 f r o m t h e P a r k s D e d i c a t i o n
F u n d for the Prince Creek Trail corridor of approximately 10 acres, and up to $500,000
from the Open Space and Trails Fund for the Bull Pen Parcel of approximately 4.4 acres o f
l a n d and also approves up to $15,000 from the Open Space Fund for any related transaction
expenses including subdivision approval.
2. Upon approval of the form by the Open Space Director and County Attorney, the Chair is
authorized to execute the contracts.
3. Upon approval of the form by the Open Space Director and County Attorney, the Chair is
authorized to execute other documents needed to consummate this transaction.
4. Pursuant to the Pitkin County Home Rule Charter, section 13.5.3, as amended 11/7/06, Pitkin
County hereby declares its intent to reserve the option to later convey interests not essential
for the preservation of open space, including the existing structures and immediately
surrounding lands.
5. That adjustments be made to the year 2016 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous
Revised
Budget This ChangeProject Budget
Prince Creek Trail Property Acquisition
Acquisition Cost
Estimated Transaction Costs
Total Expenditure
$0
$0
$0
$500,000
$15,000
$515,000
$500,000
$15,000
$515,000
PARKS DEDICATION FUND
Previous
Revised
Budget This ChangeProject Budget
Prince Creek Trail Property Acquisition
Acquisition Cost
Total Expenditure
$0
$0
$675,000
$675,000
$675,000
$675,000
6. The Board finds that adoption of this ordinance is necessary for the immediate preservation of
the public health, safety and welfare of the citizens of Pitkin County and therefore declares this
ordinance and legislation to be effective immediately upon adoption.
7. This Ordinance is intended to supersede Ordinances 016-2012, and 05-2013 which had
previously authorized essentially the same transaction and appropriations as a contemplated
herein.
INTRODUCED AND FIRST READ ON THE _______ DAY OF ________________, 2016
AND SET FOR SECOND READING AND PUBLIC HEARING ON THE ______DAY OF
_______________ 2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ____________
DAY OF ____________, 2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.pitkincounty.com ) ON THE
______ DAY OF_______________2016.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE ______DAY OF
_______________ 2016.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE ______DAY OF_______________2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE ____ DAY OF ___________, 2016.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
By _________________________
Jeanette Jones
Deputy County Clerk
By: _____________________________
Rachel E. Richards, Chair
Date: ______________
APPROVED AS TO FORM:
MANAGER APPROVAL
___________________________
John Ely, County Attorney
_________________________________
Jon Peacock, County Manager
___________________________
Dale Will, Director
Open Space and Trails