HomeMy WebLinkAbout20110643.tiff RESOLUTION
RE: APPROVE REQUEST TO DELETE CONDITION OF APPROVAL#3.D FOR RECORDED
EXEMPTION #5068 - MELBON RANCH, INC., C/O WILLIAM SARCHET
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 20, 2010, the Department of Planning Services conditionally
approved the request of Melbon Ranch, Inc., c/o William Sarchet, 8627 County Road 41, Fort
Lupton, Colorado 80621, for Recorded Exemption #5068, for property which is described as the
SE1/4 of Section 17, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado,
and
WHEREAS, Condition of Approval #3.D for Recorded Exemption #5068 states, "When
feasible, there shall be no net increase in the number of accesses to a public road (Sec. 24-8-40 of
the Weld County Code). Therefore, one of the circle drive access points must be permanently
closed and photographic evidence of the closure must be submitted to the Public Works
Department. After the access point is permanently closed, a new access may be opened onto
County Road 41 for proposed Lot A." and
WHEREAS, Melbon Ranch, Inc., c/o William Sarchet, has requested the Board of County
Commissioners to delete Condition of Approval#3.D for Recorded Exemption#5068,which would
allow for an additional access, for a total of five (5) accesses, and
WHEREAS, on March 9, 2011, the Board of County Commissioners reviewed the
recommendation of the Departments of Planning Services and Public Works, and heard the
testimony presented in this matter and, having been fully informed, deems it advisable to delete
Condition of Approval #3.D.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Melbon Ranch, Inc., c/o William Sarchet, to delete Condition
of Approval#3.D for Recorded Exemption#5068 be, and hereby is, approved.
3_ aq-/ / 2011-0643
RE5068
RE#5068 - MELBON RANCH, INC., C/O WILLIAM SARCHET
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COL RADO
ATTEST: • 1ti
rbara Kirkmeyer, hair
Weld County Clerk to t B.= `
I rJ Sean P. nway, Pro-Tem
Deputy Clerk to the r�
P Y ��Cr��`�� � ?tees,/
AP E FORM:
�����_ David E. Long
/4 County Attorney o� c e � Oro�/
C / ougla ademacYler
Date of signature: �(-�9
2011-0643
RE5068
1861 -201i MEMORANDUM
Iw e L oI N T r To: Board of County Commissioners
u From: Kim Ogle, Planning Services
Subject: Reconsideration of Condition of Approval
Recorded Exemption No. RE-5068
Date: February 28, 2011
The applicant, Bill Sarchet of Melbon Ranch, Inc. is requesting reconsideration of Condition of Approval
number 3.D, concerning the number of accesses onto a publicly maintained road. The Department of
Public Works in their referral dated December 6, 2010 states:
WCR 41 is a busy collector roadway with speeds of 62 mph and a high percentage of truck traffic. It is the
County's policy to minimize access points onto County roadways. A new access cannot be granted without
closing an existing access.
1. When feasible, there shall be no net increase in the number of accesses to a public road
(Sec.24-8-40). Therefore,one of the circle drive access points must be permanently closed
and photographic evidence of the closure must be submitted to the Public Works
Department. After the access point is permanently closed, a new access may be opened
onto WCR 41 for proposed Lot A.
2. An access permit application for the new access should be submitted at the time of
construction.
3. The access shall be placed in such a location to have adequate sight distance in both
directions and not below the crest of a hill or where physical obstructions are present. The
minimum distance between two driveways on a collector roadway shall be 300 feet.
In the Recorded Exemption Administrative Review comments, this requirement is reflected in the following
requirement.
3. Prior to recording the plat:
D. When feasible,there shall be no net increase in the number of accesses to a public road (Sec.
24-8-40). Therefore, one of the circle drive access points must be permanently closed and
photographic evidence of the closure must be submitted to the Public Works Department. After
the access point is permanently closed, a new access may be opened onto County Road 41 for
proposed Lot A.
The Department of Public Works in a subsequent memorandum dated February 11, 2011 states:
"Public Works can only recommend approval of RE-5068 Melbon Ranch Inc. under the condition that
there is no net increase of access points onto WCR 41. In the referral dated December6,2010 Public
Works identified four(4) existing access along WCR 41 which is a collector roadway. Public Works
informed the applicant that if a new access point is desired that one of the four existing accesses
must be closed, in order to open an additional access for the newly created RE Lot A."
2011-0643
•R salo8
1861 - 2011 MEMORANDUM
TO: Kim Ogle, Planning Services DATE: February 11 , 2011
FROM: Janet Carter, Public Works & Heidi Hansen , Public Works
WELD. C0 NTY
SUBJECT: RE-5068 Melbon Ranch Inc.
Public Works can only recommend approval of RE-5068 Melbon Ranch Inc. under the condition that
there is no net increase of access points onto WCR 41 . In the referral dated December 6, 2010 Public
Works identified four (4) existing access along WCR 41 which is a collector roadway. Public works
informed the applicant that if a new access point is desired that one of the four existing accesses must
be closed, in order to open an additional access for the newly created RE Lot A. This is in accordance
with the following sections of Weld County Code:
Section 12-2-30- Direct access from a public road -- - • • ' 1
shall be limited to not more than one (1 ) per legal ----- - • '. : - -- �� •'
lot, except as may be expanded or further limited
or restricted by the Board of County
Commissioners or staff, as a result of zoning
requirements, consideration in land use
applications, safety considerations, subdivision
regulations, or inability to meet minimum
requirements as defined in the Weld County WCR 41 is a Collector Road
with an ADT of 1156 vpd,
Design Criteria. • 29% Trucks, & 85th is 62 mph
Section 24-8-40-C- An access is, or can be made, •
available that provides for safe ingress and egress
to a public road. All accesses shall be in t
accordance with Chapter 8, Article II of this Code, i a
and shall endeavor to achieve the goal of no "net
increase" in the number of accesses onto adjacent Aid`
County roads when accesses already exist.
The applicant met with Public Works on February > _ _
7, 2011 and requested that this issue be presented `
to the Board of County Commissioners. The ` :. .; • ., ;
applicant would like to obtain a fifth access point A
along their property in addition to their exiting four
accesses. As can be seen from the picture access
1 is for a one-story home, access 2 is for Oil & Gas r tier
-.,
and agricultural use, accesses 3 and 4 are a loop
drive for a two-story home. The new access would •
be used for a new home on Lot A. Public Works 04
recommends that either access 3 or access 4 be
closed to allow the construction of the new access = .�
for RE-5068.
M:\PLANNING — DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5068\RE-5068 Access.docx
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MELBON RANCH, INC.
8627 Weld County Road 41
Ft. Lupton, Colorado 80621
February 7, 2011
Janet Carter, Traffic Engineer
Weld County Public Works Department
1111 H Street
Greeley, Colorado 80632-0758
Dear Mrs. Carter:
We have applied for an RE to split 15 acres off of the SE1/4 of Section 17
T2N R65 W owned by Melbon Ranch, Inc.. The east side of this acreage runs
south from the north quarter section line along county road #41 for about 1300
feet. We want to put an access lane into the new lot. One of the contingencies for
approval of the split was a requirement to close one of the circle drive access
points at 9061 County Road 41 in order to add an access point for the new lot.
Reasons why we are requesting an exemption from closing one of the access lanes,
which are 80 feet apart, into the residence at 9061 County Road 41:
1. This is a single residence which means there will be a limited number of
cars entering and exiting. It should not make a difference which lane
they come out.
2. If we close the north entrance, it would be more dangerous since the
north entrance will have to turn south parallel to road 41, then make a
sharp left hand turn to get on road 41. The opportunity to see south
bound traffic would be restricted. If the south entrance was closed, it
would be the same safety situation. Closing either of these access points
would be especially dangerous considering the amount of traffic and
speed of the traffic on road 41.
Thank you for your consideration in this matter.
Respectfully submitted,
William D. Sarchet, President
Melbon Ranch, Inc.
EXHIBIT
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