RFL committee to seek public roads designation

by Stephen Clearheart Johnson
North Forty News

After an intense two-hour meeting, the Red Feather Lakes Planning Advisory Committee voted to request that Larimer County designate certain traveled ways in the community as public roads. Nine road segments within the village are included.

This will be followed by a GPS centerline survey to permanently fix their location. Rights of way will be determined as the existing width plus drainage areas needed for maintenance.

This vote follows an open house recently held by the PAC to inform community members of the committee's findings and recommendations. The open house was intended to be an information event only, with seven stations displaying maps or text and PAC members on hand to answer questions. An eighth station was provided where residents could submit written comments.

The public had a different idea, however. After touring the stations, they began to sit at the empty tables, clearly expecting a discussion. The room soon filled up with some 50 residents, 11 PAC members, two county commissioners and four county staffers. PAC chairman Ted Carter was forced to open up a question and answer session.

At the latest PAC meeting, the members reviewed the written opinions and took additional comments from some 20 residents attending the meeting.

A petition signed by residents of the East Owassa and Leticia Lake neighbors asked that their roads be excluded. The petition was somewhat controversial and one woman asked that her name be removed because she had not been fully informed. The PAC decided to include the two road segments due to the fact that another, larger neighborhood to the north had no written legal access unless the roads were declared public.

PAC member Michael Sledge stressed that under Colorado law roads that have been in use for over 20 years are in fact public. "What we have here is a defacto reality," said Sledge. This defacto reality has not stopped some property owners from closing off roads, such as was done this year on Kinnikinic Drive.

PAC member Gene Barker, who recalled delivering milk by horse and buggy on Kinnikinic in 1935, moved to include all the roads in the village. Other PAC members pointed out that such a move would cost some $700,000 in survey costs.

The PAC wished to move quickly because it has received a bid to do the GPS survey for $10,000, which members described as a "bargain basement" price. Committee members said that $5,000 is available in a state grant and that Larimer County could pay the remainder. When asked what would happen if the county could not find the money, Barker gave a classic Red Feather response: "We will hold a fundraiser."

Most of the comments against the proposal centered on fears of what would happen with Larimer County involved. "If you give the county something, they will want to take more," was a typical comment.

Other residents are worried that their use of ATVs for maintenance, snowplowing and transportation would be made illegal. PAC members pointed out that reckless use of an ATV is already illegal and that enforcement by sheriff deputies would not likely change; they would respond only if a complaint were lodged.

Others said that since the county will not maintain the roads, what was the point of making a change. "Where is the benefit?" was a frequent comment. PAC members responded that fixing the location through a survey would end the recurring problems associated with those who wish to block or move roads.

Perhaps the most significant issue was the possible result that new problems with county setback requirements would be generated by the designation as public roads. These residents worry that their septic fields or even their cabins might be declared in violation of setback rules.

The PAC took this comment seriously and vowed to meet with county planning staff to head off problems. The county has not yet announced when it will schedule a public hearing.