The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/25/2004 - PROPOSED JURISDICTION CHANGE OF CARPENTER ROAD/LCR DATE: May 25, 2004 STUDY SESSION ITEM STAFF: Mark Jackson FORT COLLINS CITY COUNCIL Ron Phillips SUBJECT FOR DISCUSSION Proposed jurisdiction change of Carpenter Road/LCR 32 from the City of Fort Collins to the Colorado Department of Transportation. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Is Council comfortable with staff analysis and materials in anticipation of bringing a Memorandum of Understanding on June 15? Would Council like to see any additional information? BACKGROUND Transportation staff will present and discuss background information and issues related to a proposal from the Colorado Department of Transportation(CDOT)to have the State assume jurisdiction over Carpenter Road/LCR 32 between Interstate 25 and US-287/South College Avenue. CDOT has entered into discussions with Latimer County,Weld County, City of Greeley, and now the City of Fort Collins,to explore the trade of jurisdiction on several Northern Colorado roadways. Of particular interest to the City of Fort Collins, is the proposal that CDOT assume jurisdiction of Latimer County Road 32(Carpenter Road)from Latimer County and the City of Fort Collins. Under this arrangement, Carpenter Road/LCR 32 between Interstate 25 and US-287 would become the extension of SH-392. Currently, Carpenter Road/LCR 32 operates as a two lane County Road. Latimer County currently controls 3.2 miles of this road,while 1.3 miles fall within the City of Fort Collins limits. ISSUES: The Carpenter Road/LCR-32 corridor is important to Fort Collins for both natural lands/environmental preservation,as well as for current and future mobility needs both from a local and regional transportation perspective. Mobility needs, environmental concerns, and financial impacts must be considered in deciding on a course of action. Mobility Issues Carpenter Road/LCR 32 has been identified by the Transportation Master Plan (2004) as a key southern gateway into and out of the community. The North Front Range MPO and CDOT have identified Carpenter Road/LCR-32 as a Regionally Significant Corridor. May 25, 2004 Page 2 • Traffic volumes on this corridor are forecast to reach 45,000 vehicles per day(vpd)by 2025, regardless of 4 lane or 6 lane roadway classification. • As a result of current travel patterns and forecast travel demand,this road classification was recently changed from a four lane arterial street to a future six lane major arterial facility on the City's Master Street Plan (Transportation Master Plan, March 2004). The City and CDOT have an on-going agreement that roadway improvements to State Highways within our community are designed according to the adopted Larimer County Urban Area Street Standards,rather than the typical CDOT highway design standards.This agreement facilitates multimodal transportation improvements and context sensitive design strategies in future roadway improvement projects. Environmental Issues • Some of the land proximate to the roadway consists of sensitive natural areas land owned by the City of Fort Collins and Larimer County (see attached graphic). • Environmental interests in the community,including the Natural Resources Advisory Board, are very concerned that this road will negatively impact nearby City and County natural areas and open lands. They are concerned that ceding jurisdiction of this road to CDOT will minimize the ability to protect the City's natural resources investments. Financial Issues • Transferring jurisdiction of Carpenter Road/LCR-32 to CDOT will relieve the City of Fort Collins of as much as$15-33 million dollars in future capital and Street Oversizing costs in the future. • Transferring jurisdiction of Carpenter Road/LCR-32 to CDOT will relieve the City of Fort Collins of as much as$20,000-46,000 dollars per mile,per year in Operating&Maintenance (O&M) costs, depending on roadway design. RECOMMENDATIONS: Transportation staff feels this jurisdictional change offers several benefits to the community: • CDOT will assume financial responsibility for operations and maintenance of the roadway. As stated above, this could be as much as $15-33 million dollars. The local capital dollars saved as a result of transferring jurisdiction of this road to CDOT could then be applied to other high priority transportation needs in the community. • Transferring jurisdiction of Carpenter Road/LCR 32 to the state system may increase the ability to obtain regional, state, and federal funds for future improvements, and may also elevate the importance of this road and I-25 interchange on state and regional transportation plans. • Future improvement to the corridor would be subject to rigorous federal and state environmental study and mitigation mandates as part of the National Environmental Policy Act(NEPA). This in-depth process requires high levels of public input from all stakeholder interests and communities,and requires design and mitigation measures to minimize impacts to a full range of potential environmental assets and to surrounding communities (see attached fact sheet). May 25, 2004 Page 3 • CDOT is already aware of the environmentally sensitive areas near this corridor(see attached memo). In addition,CDOT is one of the first DDT's in the country to embrace and practice Context Sensitive Design principles. Given the significant financial and mobility benefits to the City of Fort Collins, balanced with the protection afforded nearby sensitive natural areas by rigorous NEPA mandates for analysis and mitigation,Transportation staff recommends the following: Transportation staff recommends that CDOT undertake a corridor analysis within the next three years to identify and address issues concerning alignment, facility design and environmental issues. • Transportation staff recommends that CDOT implement Context Sensitive Design principles and methodology as part of any future analysis and improvement of the Carpenter Road/LCR 32 corridor. • Transportation staff recommends Council approve the proposed Memorandum of Understanding (MOU) with CDOT at the upcoming City Council meeting on June 15. OUTREACH Transportation staff is soliciting input on this proposal from key advisory boards and property owners/residents along this corridor regarding the various benefits and concerns related to CDOT's proposal. A public meeting/open house is scheduled for June 3. This meeting will be held in conjunction with the Advance Planning department, who is presenting a proposed expansion of the Growth Management Area(GMA) boundary in this area. To date, staff has met twice with the Transportation Board, as well as the Natural Resources Advisory Board and the Planning and Zoning board. Each board will communicate directly with Council as to their comments, concerns and recommendations. General comments received from these groups include: Natural Resources Advisory Board NRAB has many concerns about the proposed jurisdictional change and does not support staff's recommendations at this time. They urge that City staff undertake a corridor study before considering ceding jurisdiction of the road to CDOT. Planning and Zoning Board While some members of the Planning and Zoning Board had remaining questions as to the relative benefits and costs to the City, the Board in general supports continued efforts, analysis, and communication with CDOT. Some members of the Board felt the City should allow CDOT to assume jurisdiction of Carpenter Road. Transportation Board The Transportation Board had several questions about the NEPA process and asked staff to return on May 19 with follow up information. The Transportation Board appreciates the potential savings in capital dollars but some members have concerns as to environmental impacts to the nearby natural areas. (Note: staff will update Council as to the Board's latest comments at the study session.) May 25, 2004 Page 4 ATTACHMENTS 1. Aerial photograph of Carpenter Road/LCR 32 corridor showing City limits,GMA boundary and natural areas 2. Graphic depicting Northern Colorado roads considered for jurisdictional change (Larimer, Weld Counties, Greeley, Fort Collins) 3. Draft Memorandum Of Understanding between CDOT and City of Fort Collins transferring jurisdiction of Carpenter Road 4. Copy of CDOT internal memo detailing environmental concerns 5. NEPA Fact Sheet Y s i Y v t � 1 it 1 3• i t 1 J mI i • �_ mot/ G:5-:'F t ` . A � a• 1� { e £ A "R 'F. 3 • _ _ a t oa c c U U V aVy O_ tJ U g o U S4n` Y m C u m .— J o vo_ Z FUo E ri CL O L. LL � � a o ° �C N E O tl Q Q DRAFT • MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING dated this day of 2004, is by and between the City of Fort Collins, a political subdivision of the State of Colorado, hereinafter referred to as "City,"and the Colorado Department of Transportation, a department of the State of Colorado, hereinafter referred to as "CDOT." WITNESSETH: WHEREAS, the City owns and maintains 1.3 miles of, ' Rfla (Larmer County Road 32)between Interstate 25 and US Him .3'w`.•(;.rs o.�xu:'r';xxsxi' f:S;�;x�Ft`.L,�': WHEREAS, the City and CDOT mutually desires; ;< p ownership aril=' ;> enance of that length of Carpenter Road located within the Cityk#bF°?:.,,f NOW, THEREFORE, in consideration ofthe mutual coveriaiYSpmises stated herein, the parties hereto agree as follows: I. TRANSFER OF CARPENTER ROA Y2 ,� �3,�r'�'1'ROAD 32• The City agrees to convey to CDOT,by quite l ��leed, �=:.leii ; enter Road located .;,., within the City, between Interstate Isy 2 #d US` y 287, which portion is • more particularly described as endt froYlepoinx= 10 (Lemay Avenue)to milepoint 2.240 (City limit). `,delivery:ode�d°; 1�OT will commence maintenance of the road con-pp it by thy- , ;`• ;` 2. EACH ENTITY TO BEi 'rXVN COSTS: The City and CDOT agree to each bear its own costs of effectuating qi t:y#j yance. 3. Witluil of execution of this MOU, CDOT, in coo(i tpft with`$ `;; � d Larim&`Cq ity shall conduct a corridor analysis to egje relevant envi coT and natuil areas issues, anticipated future roadway dsd, and potential ro' Slignments that minimize impacts to key environmentally <... MOftve areas. 4• NTAL PR ION: Future improvements to Larimer County Road 32 and C'"" ad shall.1 orate context sensitive design principles ensuring that great c P environmental impacts and find solutions that balance environmental 3twith mobility needs. 5. ENTIRE AGREEMI~ T: This writing constitutes the entire agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,personal representatives, successors and assigns of said parties. • Pagel of2 DRAFT 6. NO WAIVER OF HvIMUNITY: No portion of this Memorandum of Understanding shall be deemed to constitute a waiver of any immunities the parties or their employees may possess,nor shall any portion of this Memorandum of Understanding be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Memorandum of Understanding. 7. NO THIRD PARTY BENEFICIARY ENFORCEMENT,: It is expressly understood and agreed that the enforcement of the terms and conditions f,this Ift+.morandum of Understanding, and all rights of action relating to such t,`•'shall be strictly of Understanding reserved to the undersigned parties, and nothin�,iA-�tis ICfi�ti�tam g shall give or allow any claim or right of actioiriA'�oeve ,'b-'91 Su?not included in L:, this Memorandum of Understanding. It is thy,,kWss i Ce�t�pii off.... ..k#,dersig, parties that any entity other than the undersigned par4"t c ;iservices dr;b t ti ,'t er this Memorandum of Understanding shall be an ficiary only. 8. SUBJECT TO APPROVAL: This agreement is su eatw(pp7gval by the Colorado f:... Transportation Commission. :,,F •,;5:,=,; ..; IN WITNESS WHEREOF,the parties have. #"'Understanding effective the day first above written. }��:�f�f;2� Haf:Rti Sf��S.i'.::•..fi:5^, ATTEST: =,4. ';.°x CIS O) -C"3tTzLLINS, a Colorado i;k.. tcipaltton By. S City Clerk Mayor Approved,#4 y:L:`F: ii'R`. xy S3^Y4=x$,`:.. ., fk " f COLORADO DEPARTMENT OF ^5•`::,. s. ' •:• =^:;a•,:'x;, kts=•-.` TRANSPORTATION j y City Attomey By: 'Eat 5 sE•k '�.'s,,.,r.; ...k.y,r f Title: =5R`�YS�=:•.L�d��x• S.:fi�`.'•3.ke: Page 2 of 2 MEMORANDUM • DBPA1tTMRP'T DB TRAlY9�0YTATRHY s.mm o 1420 81aet GMlry.cota•4•aos3l (M 350-2170 FAX(vM 350.2177 DATE: Match 13,2W4 TO'. Rick('rebel FROM: Cud Pea Sumer: capoulP.aad Adpomt to Cupeaw Road the following woam: • Eftmslrowedodcompim= • BU*-WW paairk ft O*W • Poamtial bebimt Sur Ute Udieb ttesm=b 4 Colomdo bAWft pram CME apomes) • ildigmnmy birds each is Avtom waftdbw1 and abaaclards including no"locatiom Man-made MUM stmAma also class[ • Wild►itr;conulM Zany futme otmetraeion would take plea alamg tba roadway tbem may be stgnifinent impacts to arty cf the sbm biological rewur ea.Tlcs ism extewndy sensitive arm I The National Environmental Policy Act (NEPA) and Transportation The National Environmental Policy Act(NEPA)applies to transportation projects that require a Federal Action. A Federal Action can be defined as the use of federal funds for a project or making capacity improvements on a federal aid facility. Most improvements to state facilities are likely to use Federal funding sources to fund improvements. After the planning process is complete, one of the key steps to identify transportation improvements is the completion of a NEPA decision document. The NEPA document serves as the decision-making tool for the Federal Highway Administration (FHWA)to clear the project for design and construction. During project development,proposed actions or projects are categorized according to their likely environmental impact in accordance with FHWA and NEPA requirements. These categories are based on economic, social,and environmental considerations. FHWA's project category designation occurs after a proposed project is identified in the State Transportation Improvement Program(STIP)by the Colorado Transportation Commission that authorizes the project for potential federal or state funding. FHWA and CDOT classification categories include: • Class I: Environmental Impact Statement(EIS)—Actions that are likely to have significant effects on the environment. Examples include: o A new controlled access freeway o A highway project of four or more lanes on a new location o New construction or extension of fixed rail transit facilities CDOT, or FHWA for federal projects, signs a Record of Decision(ROD)that presents the basis for the decision, summarizes any mitigation measures to be incorporated in the project,and documents any Section 4(f)approval. • Class II: Categorical Exclusion(CE)—Actions that do not individually or cumulatively have a significant environmental effect. Examples may include: o Pedestrian facilities o Landscaping o Routine maintenance including resurfacing,bridge replacement and rehabilitation,and minor widening COOT or FHWA approval is required on all CE projects. In Colorado,FHWA has programmatically approved some CEs. • Class III: Environmental Assessment(EA)—The significance of the environmental impact of the action is not clearly established. Examples include: o Actions that are not clearly CEs o Actions that do not clearly require an EIS o An EA would assist in determining the need for an EIS CDOT or FHWA adopts a Finding of No Significant Impact(FONSI)if FHWA agrees with the study • findings that no significant impacts are created by the action. — 1 The NEPA document is the logical next step for moving ahead with improvements. This process can take place concurrently with getting the recommended project in the planning process. The environmental process can take from as little as 6 months for a CE to as much as 3 to 5 years for an EIS. Regardless,the environmental decision document will define the Preferred Alternative for the corridor and provide additional opportunities for affected interests from the public and agencies to be involved in the decision- making process. As part of the development of the NEPA document,the effects of all project alternatives will be evaluated based on their impacts to over 20 different environmental resource categories. These effects will be compared with a No-Action Alternative that reflects the conditions if no improvements are made. Both direct and indirect impacts will be investigated. The alternatives will then be evaluated based upon their levels of impact,to identify the alternative that best fulfills the project purpose and need,provides the best transportation solution, and results in the least amount of environmental resource impacts. Specific technical studies will be developed for the different social,economic,and environmental resources. These resources include: • Social/Economic • Land use • Vegetation • Historic Resources • Hazardous Waste/Materials • Section 4(f)/6(f) • Geology • Environmental Justice • Wetlands • Wild and Scenic Rivers • Archeological Resources • Energy • Right-of-Way/Relocations • Wildlife • Paleontological Resources ' • Floodplains • Temporary Construction Impacts F • Air Quality • Threatened, Endangered and Special-Status Species • Prime and Unique Farmland • Noise and Vibration • Water Quality • Visual Character/Aesthetics • Cumulative/Secondary Impacts