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Home My WebLink AboutBOCC Packet 06272012 Prince Creek TrailAGENDA ITEM SUMMARY MEETING DATE: June 27, 2011 AGENDA ITEM TITLE : AN ORDINANCE AUTHORIZING PRINCE CREEK TRAIL PROPERTY ACQUISITION. STAFF RESPONSIBLE: Dale Will SUMMARY OF ISSUE: Should Pitkin County purchase a trail corridor and trailhead parcel from the Tybar Ranch`? BACKGROUND: Our Jerome Park and Cold Mountain Ranch/Crystal Trail proj ects were pioneering partnerships matching working ranches with public recreation. Cold Mountain was a"first" wherein a local ranch assisted in the creation of a public trail along an agricultural boundary by granting adj acent trail easements. By coordinating ranching and public access, this unusual partnership debunked the view that the "old west" and the "new west" don't mix. In a similar vein comes now a proposal to acquire approximately 14.6 acres to create a trail parallel to Prince Creek Road for approximately one mile along Prince Creek, within what is now the Tybar Ranch. Our agreement includes a 4.6 acre trailhead parcel. (See map and aerial photos) 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 wall�ing on the road. 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. Open Space Staff have secured a contract with Tybar to sell the Prince Creek trail corridor for $750,000, and a 4.63 acre "Bull Pen" parcel near the bottom of this reach for $500,000. The one mile long corridor parcel is approximately 10 acres that varies in width from 3 0-120 feet. In addition, we will acquire a 3 0' wide trail easement on Tybar' s lands below the Farris Driveway. Also, the East Mesa Ditch company has agreed we may pipe a short section of ditch below the Bull Pen for trail use, and discussions are underway with Farris and McIntyre regarding the "gap." We are confident proceeding now because the Prince Creek Trail Corridor and Trail Head would be stand alone amenities we believe should be purchased independently of future acquisitions below the Bull Pen. �'� �� q �� af # �� , �t j 'l#x�i,p°��{A }��1f�f � t k j ��a�� s� ^ �` h�N�$�{e � � . t ��p � .. ,.."r+�} $it 9+7 L`��4.i:�r 3� ; � ! "k , .I "� �� . ".�scF' �...% fii . w"$,-� � � ��}$� . �a. �"„ 2 v .. . .,, .. d�� ,,,<.��. �s � The Proposed Trail Corridor Looking upstream from Tybar Barn (proposed parcel boundaries in red- trail alignment in purple) — Prince Creek Subdivision on upper right. {Photo Courtesy of Altitude Filmworks} �;.# � � �: � � � � ; �. �� : . 4 .. A �� , : � ��. � w . � � __ � ,� ,,� � �. _ - - ... �..�, �. � �, . , �. � � �,� .� _ �. � ,� � � �'� = � :� .�:. . � � ��- . � � ,; a _ _� � �� : �.� �,, �„�,; �.. � �, � �. �� , � �' � � � �„ � _.:'�',�*r ��. ��. �t u � ,��°`��.� "� �e „� �� u. � a"�' �"'�. `�w«.� � ?'. 7 �` � � �,, �: " �aP . �i �t � ' `�^ Gew ��*.�� . �_,�.� .: � �`��R`: A z� � �!f` '" ^ . . ; � �,`�� , �� '.��`'' �� ,� �+�"+ w,� ° »�. �� D� �� .?' t�,,`i �. � °:�°��„ � :g '��" `# ..�. �^ . �� . . „ :, , . � '`�=��'- , � � �a��» s� �� `, � '�4 ��s;y '� � "^'�:aE } * . _ ; ' ' . „ s�3s� �' ,. '±�, i � ' � : ' � . `� .. � ^ f . ,� ' � r � _ � , .-,r, ,w�„� eg, �"�"� � �� "� a�p, . �.w "�`'+n.g ` . #�, - ' �k�, � , . . . > F.n+°'"^..,, ; , �� .� ,� .4»�ot .�� „� •� »n. " �,�� f +��. " � aD �y �. .�Y �� wa 'lwb 1 �" � ar��'.w°';:.� p� � � . . . '�.TM �,� .� V,y.; �: �x,� .. " � f � 6kp � � rv fi'� � #� . .� ii � Y. : n,� � x •� . .e� � ... �* ,. a" � ` ' ' #t � A#il`� . °' . '. y� s. aG� � .+ �-� .��"*� � �' � � w � , �' �%4+� ,;b• �" w � ",� s � �,. � ° � s? .. �Y,k, . !' �� ` + �F*� . ,#"',�� , ` ,�.� +k��. �� a'�� y,�,� . ��'iC-�� . . .. ��,, ` 9G� Y�� t ��'wR .��.� . � Trail Corridor Parcel looking downstream from Ranch- "Bull Pen'" Trail Head Parcel middle left. {Photo Courtesy of Altitude Filmworks} 2 We elected to have an appraisal contingency for the Bull Pen parcel only because the Prince Creek trail corridor parcel would require a very unusual approach with perhaps limited accuracy, and also because the public benefits of a linear corridor would also be hard to measure in monetary terms. The Bull Pen Parcel is more comparable to other building sites and was appraised at $800,000 by Mark Weston in February of 2006. The BOCC asked Staff to discuss appraisal contingencies. The contract also provides that the materials for any new fencing required will be purchased by Open Space, and the labor to build and maintain such fence will be shared equally. Staff also recommend that the Ordinance brought to the BOCC will provide that some or all of the Bull Pen could be resold at a future date if the use of the parcel as a trailhead is not desirable (for example, if other more suitable lands become available through the proposed Sutey Ranch land exchange) . Just above the proposed trail corridor lies the "Haynes parcel," now owned by Wexner. The Haynes parcel presently experiences a lot of public mountain biking, which has so far been tolerated by a succession of private owners. Above the corridor we propose to purchase, bikers and other users could either continue up Prince Creek Road to the BLM boundary, or could enter the existing trails on the Haynes property so long as that is allowed by the owners, or until this land is acquired by the BLM as proposed by the current Sutey Ranch Land Exchange. Staffs' observations and those of neighbors such as Dorothea Farris and Roz Turnbull is that people wall� and bike up and down Prince Ck Road year round, and this purchase would create grade separation on the narrowest and busiest portion of the road. The road corner next to the East Mesa ditch was specifically identified by Emma Danciger and Mark Nieslanik as a safety issue in its current configuration and we hope that a holistic look at this area may allow improvements for all users. We have already received calls of support from other neighbors, such as Lisa Dancinglight. Michael Manchester spoke at the Open Space Board hearing on this purchase in strong support. Once the road turns to gravel above Handy Lane, residential traffic is much less and vehicle speeds are slower due to the gravel surface. Below the Garfield County line, the road straitens and sight lines are much better. Staff researched the nature or the public ROW within Garfield County, and it appears that this ROW is prescriptive and would not provide for a further trail connection off the road without additional easements within Garfield County. While it would be ideal to tie a trail all the way to the Crystal Trail at Highway 133, we believe the current conditions there are acceptable and we would hope that additional trail easements might become available over time . 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 planning consistent with our efforts at Ell� Park and elsewhere. Commissioner Rob Ittner requested some estimated cost for building this trail. Staff will present such estimates at the meeting. 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 proj ect would be not to consummate the contract. BUDGETARY IMPACT: The attached Ordinance will amend the Open Space Budget to authorize the expenditure needed for this purchase. RECOMMENDED BOCC ACTION: Staff and the Open Space Board recommend that the Board of County approve the attached Ordinance at public hearing on June 27. Attachments : Map 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING PRINCE CREEK TRAIL PROPERTY ACQUISITION. ORDINANCE # , SERIES OF 2012 RECITALS 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, and with providing recreational opportunities throughout Pitkin County. 3. The popularity of Prince Creek Road with pedestrians, bicyclists and related parking has created a congestion and safety problem on the roadway. 4. 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, a 4.6 acre "Bull Pen" lot south of Prince Creek Road to serve as a trailhead, and additional 3 0' wide trail easements along the Tybar fence line below the Bull Pen. 5. 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 off street parking as provided by this purchase. 6. The purchase contemplated herein is contingent on the County to processing a subdivision approval to sever the trail corridor from the balance of Tybar Ranch. 7. On June 7, 2012, the Pitkin County Open Space and Trails Board recommended that the BOCC approve the proposed contract with Tybar Ranch. 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 $1,250,000 for the Prince Creek Trail property of approximately 10 acres, and the "Bull Pen" Trail Head Property 5 of approximately 4.6 acres, and also approves up to $25,000 for any related transaction expenses including subdivision approval and appraisal. 2. As provided in the Pitkin County Home Rule Charter, section 13.5.3, the Board hereby declares its intention to allow the resale of the "Bull Pen" trail head parcel should the County determine it is not needed for trailhead or other open space purposes. 3. Upon approval of the form by the Open Space Director and County Attorney, the Chair is authorized to execute a contract with Tybar Ranch to effect the purchase outlined in Paragraph One above. 4. 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. 5. That adjustments be made to the year 2012 budget as follows: OPEN SPACE AND TRAILS FUND Previous Revised Bud�et This Chan�e Pro_i Bud�et Prince Creek Trail Property Acquisition Expenditure Transaction costs up to estimated amount $0 $1,250,000 $1,250,000 0 25,000 25,000 $1,275,000 $1,275,000 INTRODUCED, FIRST READ, AND APPROVED ON THE 13th DAY OF June, 2012. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2012. CONFIRMED UPON SECOND READING AND PUBLIC HEARING ON THE PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE DAY OF , 2012. 6 ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Michael M. Owsley Deputy Clerk Chair Date: APPROVED AS TO FORM: John Ely County Attorney Dale Will, Director Open Space and Trails Program �� . � µ � � Jon Peacock County Manager 7