HomeMy WebLinkAbout20053330.tiff DEPARTMENT OF PLANNING SERVICES
(ita North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
1 Phone: (970) 353-6100, Ext. 3566
111 D C Fax: (970) 304-6498
Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
July 25, 2005
Clement McNany III
PO Box 248
Windsor, CO 80550
Subject: VI-0500258, Part of the SE 4, Lot B of RE-261 of Section 15, T6N, R67W, Weld County,
Colorado
Dear Mr. McNany:
It has come to the attention of the Department of Planning Services'staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld
County Code is the operation of a commercial landscaping business without a completed USR application.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc:VI-0500258
Department of Planning Services
MOW
SERVICE,TEAMWORK,INTE
4
2005-3330 / ' rsy
DEPARTMENT OF PLANNING SERVICES
Kit North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
I Phone: (970) 353-6100, Ext. 3566
CFax: (970) 304-6498
O Southwest Office
COLORADOaz CO 0404
Longmont, C 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
August 23, 2005
Clement McNany III
PO Box 248
Windsor, CO 80550
Subject: VI-0500258, Part of the SE4, Lot B of RE-261 of Section 15, T6N, R67W of the 5th P.M., Weld
County, Colorado
Dear Mr. McNany:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code:
Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory uses"
Section 23-3-40 "Uses by Special Review"
Section 23-3-40.O "Home Business"
Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by
Special Review in the Commercial or Industrial zone districts,provided that the property is not a
Log in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions. PUD development proposals shall not be
permitted to use the special review permit process to develop."
To bring your property into compliance with the Weld County Code:
As you discussed with Planner, Jacqueline Hatch, a Use by Special Review (USR) permit
shall be completed and submitted to the Department of Planning Services or any and all
commercial activity shall cease. For questions, I suggest you speak to one of our"On-Call"
Planners. To better serve the public,we have two locations open. Our North office is located
at 918 10`h Street, Greeley, Colorado. At our North office, an"On-Call"Planner is available,
Monday thru Thursday from 7:30 a.m.-11:30 a.m. Our Southwest office is located at 4209
CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available
Monday thru Thursday from 12:30 p.m. - 4:30 p.m. You do not need to schedule an
I
appointment, because individuals are seen on a sign in basis. Neither office will have a
planner available on Fridays for walk-ins. To better serve you, please bring this letter
with you.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty)days from
August 23, 2005, to correct this zoning violation. Failure to do so will result in this office scheduling the
violation before the Board of County Commissioners to consider whether to refer the violation to the County
Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an
appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc: VI-0500258
Department of Planning Services
Bruce Barker, County Attorney
Page 1 of 2
Jacqueline Hatch
From: Diana Lonergan [dlonergan@windsorgov.com]
Sent: Monday, August 22, 2005 3:30 PM
To: Jacqueline Hatch
Cc: PLANNING; Monica Mika;jsv@jcbengineering.com; gale.schick@kodak.com
Subject: RE: USR-1497-the McNaney proposal
Dear Ms. Hatch,
Due to the importance of this project to the Town of Windsor we would like to be notified as soon as possible
when USR— 1497 is scheduled for the BOCC. I understand that it has not yet been on the agenda for the Board
of County Commissioners however when it is scheduled please send me a copy of the agenda and the staff memo
(resolution) as soon as this information is ready for distribution. You may fax this information to `Diana' at fax#
970-686-7180 or email it to me at this email address.
Thank you,
Diana
Diana Lonergan
Associate Planner
Town of Windsor
301 Walnut Street
Windsor,CO 80550
PH: 970-686-7476
Fat: 970-686-7180
dlonergan(t windsorgos_com
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Wednesday, August 03, 2005 10:48 AM
To: Diana Lonergan
Subject: RE: USR-1497 - the McNaney proposal
Ms. Lonergan,
I will keep you informed of the status of the McNaney case USR-1497.
Thank you,
Jacqueline
From: Diana Lonergan [mailto:dlonergan@windsorgov.com]
Sent: Wednesday, August 03, 2005 10:45 AM
To: Jacqueline Hatch
Cc: Joe Plummer; Scott Ballstadt; Monica Mika;jsv@jcbengineering.com
Subject: USR-1497 - the McNaney proposal
Dear Ms. Hatch,
Please keep me notified of the process and scheduling of USR-1497. I understand that this USR has not yet been
on the agenda for the Board of County Commissioners. Please send me a copy of the agenda and the staff memo
(resolution)as soon as this information is ready for distribution.
Ms. Hatch, please respond to this email so I know that you have received it. EXHIBIT
08/23/2005 8j .,.'
440t 4w
W . TO: Board of County Commissioners October 12, 2005
COLORADO FROM: Jacqueline Hatch
SUBJECT: USR-1497 Clement McNaney
The applicants for USR-1497, Clement McNaney c/o JCB Engineering LLC have submitted the
attached documentation. The applicant has addressed 1.A, 1.B, 1.C and 1.D of the staff
comments regarding a signage plan, access permit from the CDOT, and a landscaping /
screening plan that has been signed off from CDOT.
Thank you
EXHIBIT
I 7/
1
.r. wb
Exhibit H Contains
Oversized Preliminary
Nursery and Landscape
Supply Plat
Please see Original File
Landscaping on Hwy 392 east of Windsor Page 1 of 1
Jacqueline Hatch
From: McWilliams, Linda [Linda.McWilliams@DOT.STATE.CO.US]
Sent: Tuesday, September 20, 2005 10:05 AM
To: Jacqueline Hatch; Hice-Idler, Gloria
Cc: tishmac@msn.com
Subject: Landscaping on Hwy 392 east of Windsor
FYI
I met with Mr. McNaney at his property on Hwy 392 Mile post 5.96. His landscape plans do not include State
ROW so he will not need a landscaping permit. He will be seeding and mulching as part of his Access Permit but
because he will not be impacting our ROW at this time he will not need a separate landscape permit.
If you need more clarification my# is (970)350-2147 or cell #(970)301-1127
Thank You,
Linda McWilliams Access Inspector
r
09/20/2005
CDOT Permit No.
COLORADO DEPARTMENT OF TRANSPORTATION 405061
SH/S/MP
STATE HIGHWAY ACCESS CODE
392B/005.960/L
Local Jurisdiction
NOTICE TO PROCEED Weld County
Permittee(s): Applicant;
Clement McNaney Clement McNaney
PO Box 248 PO Box 248
Windsor, CO 80550 Windsor,CO 80550
970-686-7730 970-686-7730
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits
expire one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11)(d), of the Access Code.
Adequate advance warning is required at all times during access construction, in conformance with the
Manual on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
ar priate.
None
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By Title Date
(X)
This Notice is not valid until signed by a duly authorized representative of the Department
s.Qlorado Department of Transportation
Title A Date
( -(x> �cco.s5 � Loki 021 it)s"
Copy Dis ib ion: Required 1. Region Permit files 2.Staff Access Section. As needed:Local Authori TCE Patrol, Inspector Form 1265 8/98
COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No.
STATE HIGHWAY ACCESS PERMIT 405061
State Highway No/Mp/Side
392B/005.960/L
Pepadifee Date of transmittal Region/Section/Patrol - Local Jurisdiction
100.00 06/21/2005 04/01/17 Weld County
The Permittee(s); Applicant; Ref No.2005
Clement McNaney Clement McNaney
PO Box 248 PO Box 248
Windsor,CO 80550 Windsor,CO 80550
970-686-7730 970-686-7730
Is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in
accordance with this permit,including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked
by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location:
The access on State Highway 392,is to be relocated to a distance of 5,074 feet east of Mile Post 5 on the north/left side.
Access to Provide Service to:
Landscape Yard(no building) .„ 120,000 Sq Ft 100.00%
Other terms and conditions:
See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
• This access shall be limited to right-in/right-out in the future.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains Issuing authority.
By Date Title
(x)
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The permittee shall notify Linda McWilliams with the Colorado Department of Transportation In Greeley at 970350-
2147 at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must the owner or legal representative of the property served by the permitted access and have full authority to
accept the pe Its terms and
con ons.
Permitte i/'���`� Date /
(x) „...../7",
,.. li/ cam- tit)) /05
This permit is not valid until signed by a duly authorized representative of the Department. f f/
COLORADO DEPARTMENT OF TRANSPORTATION
R„ Date(of issue) Title
�L /� _ l �/ li /05 Access Manager
Copy Drs ution: Required: Make copies as necessary for Previous editions are obsolete and may not be used
1.Region Local Authority Inspector COOT Form#101 8/98
2.Applicant MICE Patrol Traffic Engineer
3.Staff Access Section
•
State Higl }Access Permit ) PERMIT EXPIRATION
Form 101, Page 2 1. A permit shall be considered expired if the access is not under hstruction
within one year of the permit issue date or before the expiration of any authorized.
The following paragraphs are excerpts of the State Highway Access Code. extension.When the permittee is unable to commence construction within one
These are provided for your convenience but do not alleviate compliance with all year after the permit issue date,the permittee may request a one year extension
sections of the Access Code. A copy of the State Highway Access Code is from the issuing authority. No more than two one-year extensions may be
available from your local issuing authority(local government)or the Colorado granted under any circumstances. If the access is not under construction within
Department of Transportation (Department). When this permit was issued,the three years from date of issue the permit will be considered expired.Any request
issuing authority made its decision based in part on information submitted by the for an extension must be in writing and submitted to the issuing authority before
applicant, on the access category which is assigned to the highway,what the permit expires.The request should state the reasons why the extension is
alternative access to other public roads and streets is available, and safety and necessary,when construction is anticipated, and include a copy of page 1 (face
design standards. Changes in use or design not approved by the permit or the of permit)of the access permit. Extension approvals shall be in wilting.The local
issuing authority may cause the revocation or suspension of the permit. issuing authority shall obtain the concurrence of the Department prior to the
approval of an extension, and shall notify the Department of all denied
APPEALS extensions within ten days.Any person wishing to reestablish an access permit
1. Should the permittee or applicant object to the denial of a permit application that has expired may begin again with the application procedures.An approved
by the Department or object to any of the terms or conditions of a permit placed Notice to Proceed,automatically renews the access permit for the period of the
there by the Department,the applicant and permittee(appellant)have a right to Notice to Proceed.
appeal the decision to the[Transportation]Commission[of Colorado].To appeal
a decision, submit a request for administrative hearing to the Transportation CONSTRUCTION
Commission of Colorado within 60 days of transmittal of notice of denial or 1. Construction may not begin until a Notice to Proceed is approved. (Code
transmittal of the permit for signature.Submit the request to the Transportation subsection 2.4]
Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-
3400.The request shall include reasons for the appeal and may include 2. The construction of the access and its appurtenances as required by the
changes,revisions,or conditions that would be acceptable to the permittee or terms and conditions of the permit shall be completed at the expense of the
applicant. permittee except as provided in subsection 2.14.All materials used in the
construction of the access within the highway right-of-way or on permanent
2. Any appeal by the applicant or permittee of action by a local issuing authority easements, become public property. Any materials removed from the highway
shall be filed with the local authority and be consistent with the appeal right-of-way will be disposed of only as directed by the Department.All fencing,
procedures of the local authority. guard rail,traffic control devices and other equipment and materials removed in
the course of access construction shall be given to the Department unless
3. In submitting the request for administrative hearing,the appellant has the otherwise instructed by the permit or the Department inspector.
option of including within the appeal a request for a review by the Department's
internal administrative review committee pursuant to[Code]subsection 2.10. 3. The permittee shall notify the individual or the office specified on the permit
When such committee review is requested,processing of the appeal for formal or Notice to Proceed at least two working days prior to any construction within
administrative hearing,2.9(5)and(6), shall be suspended until the appellant state highway right-of-way.Construction of the access shall not proceed until
notifies the Commission to proceed with the administrative hearing, or the both the access permit and the Notice to Proceed are issued.The access shall
appellant submits a request to the Commission or the administrative law judge to be completed in an expeditious and safe manner and shall be finished within 45
withdraw the appeal.The two administrative processes,the intemal days from initiation of construction within the highway right-of-way.A construction
administrative review committee,and the administrative hearing, may not run time extension not to exceed 30 working days may be requested from the
concurrently. individual or office specified on the permit.
4. Regardless of any communications, meetings,administrative reviews or 4. The issuing authority and the Department may inspect the access during
negotiations with the Department or the internal administrative review Committee construction and upon completion of the access to ensure that all terms and
regarding revisions or objections to the permit or a denial, if the permittee or conditions of the permit are met. Inspectors are authorized to enforce the
applicant wishes to appeal the Departments decision to the Commission for a conditions of the permit during construction and to halt any activities within state
hearing,the appeal must be brought to the Commission within 60 days of right-of-way that do not comply with the provisions of the permit, that conflict with
transmittal of notice of denial or transmittal of the permit. concurrent highway construction or maintenance work,that endanger highway
property, m AI or cultural resources protected by law,or the health and safety ) 10. Each access shall be constructed in a manner that shall not c2 water to
of workers or the public. enter onto the roadway or shoulder,and shall not interfere with the. ..Lting
drainage system on the right-of-way or any adopted municipal system and
5. Prior to using the access, the permittee is required to complete the drainage plan..
construction according to the terms and conditions of the permit. Failure by the
permittee to abide by all permit terms and conditions shall be sufficient cause for 11. By accepting the permit, permittee agrees to save, indemnify,and hold
the Department or issuing authority to initiate action to suspend or revoke the harmless to the extent allowed by law,the issuing authority,the Department, its
permit and close the access. If in the determination of the Department or issuing officers,and employees from suits,actions,claims of any type or character
authority the failure to comply with or complete the construction requirements of brought because of injuries or damage sustained by any person resulting from
the permit create a highway safety hazard, such shall be sufficient cause for the the permittee's use of the access permit during the construction of the access.
summary suspension of the permit. If the permittee wishes to use the access
prior to completion, arrangements must be approved by the issuing authority and CHANGES IN ACCESS USE AND PERMIT VIOLATIONS
Department and included in the permit.The Department or issuing authority may 1. It is the responsibility of the property owner and permittee to ensure that the
order a halt to any unauthorized use of the access pursuant to statutory and use of the access to the property is not in violation of the Code, permit terms and
regulatory powers. Reconstruction or improvement of the access may be conditions or the Act.The terms and conditions of any permit are binding upon all
required when the permittee has failed to meet required specifications of design assigns,successors-in-interest, heirs and occupants. If any significant changes
or materials. If any construction element fails within two years due to improper are made or will be made in the use of the property which will affect access
construction or material specifications,the permittee shall be responsible for all operation,traffic volume and or vehicle type,the permittee or property owner
repairs. Failure to make such repairs may result in suspension of the permit and shall contact the local issuing authority or the Department to determine if a new
closure of the access. access permit and modifications to the access are required.
6. The permittee shall provide construction traffic control devices at all times 2. When an access is constructed or used in violation of the Code,section 43-
during access construction, in conformance with the M.U.T.C.D. as required by 2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may
section 42.4-104, C.R.S.,as amended. summarily suspend an access permit and immediately order closure of the
access when its continued use presents an immediate threat to public health,
7. A utility permit shall be obtained for any utility work within highway right-of- welfare or safety. Summary suspension shall comply with article 4 of title 24,
way.Where necessary to remove,relocate,or repair a traffic control device or C.R.S.
public or private utilities for the construction of a permitted access, the relocation,
removal or repair shall be accomplished by the permittee without cost to the MAINTENANCE
Department or issuing authority,and at the direction of the Department or utility 1. The permittee, his or her heirs,successors-In-interest,assigns,and
company.Any damage to the state highway or other public right-of-way beyond occupants of the property serviced by the access shall be responsible for
that which is allowed in the permit shall be repaired immediately.The permittee is meeting the terms and conditions of the permit,the repair and maintenance of
responsible for the repair of any utility damaged in the course of access the access beyond the edge of the roadway including any cattle guard and gate,
construction, reconstruction or repair. and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations.
8. In the event it becomes necessary to remove any right-of-way fence,the Within unincorporated areas the Department will keep access culverts clean as
posts on either side of the access shall be securely braced with an approved end part of maintenance of the highway drainage system. However,the permittee is
post before the fence is cut to prevent any slacking of the remaining fence. All responsible for the repair and replacement of any access-related culverts within
posts and wire removed are Department property and shall be tumed over to a the right-of-way.Within incorporated areas,drainage responsibilities for
representative of the Department. municipalities are determined by statute and local ordinance.The Department
will maintain the roadway including auxiliary lanes and shoulders, except in those
9. The permittee shall ensure that a copy of the permit is available for review at cats where the access installation has failed due to improper access
the construction site at all times.The permit may require the contractor to notify construction and/or failure to follow permit requirements and specifications in
the individual or office specified on the permit at any specified phases in which case the permittee shall be responsible for such repair.Any significant
construction to allow the field inspector to inspect various aspects of construction repairs such as culvert replacement,resurfacing,or changes in design or
such as concrete forms, subbase, base course compaction,and materials specifications,requires authorization from the Department.
specifications. Minor changes and additions may be ordered by the Department
or local authority field inspector to meet unanticipated site conditions.
Form 101, Page 3
State Highway Access Permit Page 1
Attachment to Permit No. 405061 -Additional Terms and Conditions
. If there are any questions regarding this permit,please contact Gloria Hice-Idler at(970) 350-2148.
2. The Permittee shall refer to all additional standard requirements included with this permit and any enclosed
additional terms, conditions,exhibits,and noted attachments.
3. Incorporated as part of this permit are the following:
Application for Access Permit(CDOT Form No. 137)
Permit(CDOT Form No. 101) and its two page attachment
Exhibits:
"A" -Access Plan
"B" -Vicinity Map
"C" -Standard Special Provision for Compliance with NCHRP 35—Crashworthiness Certification
4. This permit is issued in accordance with the State Highway Access Code(2 CCR 601-1),and is based upon
the information submitted by the Permittee. This permit is only for the use and purpose stated in the
Application and Permit. Any changes in traffic volumes or type, drainage,or other operation aspects may
render this permit void,requiring a new permit to the be applied for based upon exisiting and anticipated
future conditions.
5. Access construction methods and materials shall conform to the Colorado Department of Transportation
Standard Specifications for Road and Bridge Construction(current edition).
6. If necessary,minor changes,corrections and/or additions to this permit may be ordered by the Department
inspector,other Department representative or local authority to meet unanticipated site conditions. Changes
may not be in violation of the State Highway Access Code. All major changes to the plans must be approved
in writing by the Department prior to commencement of any work on or within the State Highway
right-of-way.
7. This permit is subject to revocation due to: 1)Noncompliance with the provisions of this permit; 2)
Abandonment; 3) Supersedure by new permit covering the same installation; or 4)Conflict with necessary
planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon
notice of cancellation of the permit from the Department,unless a new permit is applied for and granted.
8. Reconstruction and improvements to the access may be required when the Permittee has failed to meet the
required design and/or material specifications. If any construction element fails within two years due to
improper construction or material specifications,the Permittee is responsible for all such reparis.
9. The Department retains the right to perform any necessary maintenance work in this area.
10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall
enter and exist the highway right-of-way in forward movement. Backing into the right-of-way shall be
considered a violation of the terms and conditions of this access permit and may result in revocation of the
permit by the Department and/or the issuing authority.
11. All other accesses to the property shall be removed immediately. Removal shall include,but not limited to,
the return of the highway right-of-way side slopes,ditches,and fences to match existing adjacent conditions,
INCLUDING REMOVAL OF ASPHALT APRONS. Any asphalt removed from the highway shall result in a
smooth fmished edge.
r
2. The Permittee is responsible for obtaining any necessary additional federal, state,and/or City/County permits
or clearances required for construction of the access. Approval of this access permit does not constitute
State Highway Access Permit Page 2
Attachment to Permit No. 405061 -Additional Terms and Conditions
verification of this action by the Permittee.
13. All costs associated with the installation of this access are the responsibility of the Permittee. This includes
design, construction, signing and striping,utility relocation,testing of materials,and inspections.
14. No work will be allowed at night, or on Saturdays, Sundays,and legal holidays without prior authorization
from the Department. The Department may also restrict work within the State Highway right-of-way during
adverse weather conditions.
15. Traffic detours or lane closures will not be allowed,unless pre-approved by the Department.
16. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization
is obtained from the Department.
17. No construction vehicles shall be parked,or construction materials/equipment stored,on the State Highway
right-of-way overnight.
18. No work shall be performed near a Department traffic control signal without coordination with Charles Weber
at(970)350-2137.
19. Landscaping and site construction shall not obstruct sight distance at any State Highway access point.
Landscaping within the State Highway right-of-way requies the Permittee to obtain a CDOT Landscaping
Permit from the Maintenance Section. The access permit does not authorize that activity,although a proposed
landscaping plan shall be included in the access permitting document. Irrigation of features within the
right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard
M-605-1 or other approved system. The Permittee shall contact Ed Stieber at the Evans Maintenance Office,
(970)506-4973,to obtain the Landscaping Permit.
20. Routine,periodic maintenance and emergency repairs may be performed within the State Highway
right-of-way,under the general terms and conditions of the permit. Any significant repairs such as culvert
replacement,resurfacing,or changes in design or specifications,will require written authorization from the
Department. The Department shall be given proper advance notice whenever maintenance work will affect the
movement or safety of traffic on the State Highway. In an emergency,the Department Region Office and the
State Patrol shall immediately be notified of possible hazards.
21. All work is to conform to the plans referenced by this permit on file with the Department or as modified by
this permit. (If discrepancies arise,this permit shall take precedence over the plans.) The Department plan
review is only for the general conformance with the Department's design and code requirements. The
Department is not responsible for the accuracy and adequacy of the design,dimensions, elevations,and any
other elements which shall be confirmed and correlated at the work site. The Department through the
approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans.
22. The State requires a Certificate of Insurance prior to commencing any work on the State Highway
right-of-way. Policies shall name the State of Colorado as additional insured party. All vendors, contractors,
and utility companies shall procure, at their own expense,and maintain for the duration of the work period,the
following minimum insurance coverages:
A. Standard worlanan's compensation and employer's liability,including occupational disease,covering all
employees engaged in performance of the work at the site,in the amount required by State Statutes.
B. Comprehensive general liability in the amount of$600,000 combined single limit bodily injury and
property damage, each occurrence and$2,000,000 annual aggregate.
• State Highway Access Permit Page 3
Attachment to Permit No. 405061 -Additional Terms and Conditions
C. Automobile liability in the amount of$600,000 combined single limit bodily injury and property damage,
for each accident.
Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this
permit and be available on the site during construction.
23. Survey markers or monuments must be preserved in their original positions. Notify the Department at(970)
350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site. Any
survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced
immediately at the expense of the Permittee.
24. Should any excavation encounter plant or animal fossils,the remains of historic or prehistoric structures,
artifacts, (pottery, stone tools,arrowheads,etc.),the work shall be stopped and the Permittee shall notify the
Department inspector.
25. The Permittee or the contractor shall notify Linda McWilliams at(970) 350-2147,at least two working days
prior to beginning any access improvements or construction of any kind within the State Highway
right-of-way. Failure to comply with this requirement may result in revocation of this permit.
26. The Department inspector may suspend any work due to: 1)Noncompliance with the provisions of this
permit; 2)Adverse weather or traffic conditions; 3)Concurrent highway construction or maintenance in
conflict with permit work;4)Any condition deemed unsafe for workers or the general public. The work may
be resumed upon notice from the Department inspector.
'. If highway right-of--way fence exists or is proposed,the Permittee must contact Ed Stieber at the Evans
Maintenance office,(970)506-4973,prior to any removal or installation.
28. The access shall be constructed 30 feet wide with 20 foot radii.
29. Construction traffic control devices,when not in use,shall be removed or turned away from traffic.
30. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance
of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a
minimum of 20 feet.
31. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation of construction within State Highway right-of-way.
32. All required access improvements shall be installed prior to the herein authorized use of this access.
33. The access shall be surfaced immediately upon completion of earthwork construction and prior to use.
34. Surfacing of the access shall be completed as per Exhibit"A".
35. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a
straight edge for patching.
36. If frost,water or moisture is present in the subgrade,no surfacing materials shall be placed until all frost,
water or moisture is gone or removed.
,-37. The Permittee shall install a new 18 inch corrugated metal pipe and shall provide for proper side slopes.
Culverts over 18 inches in diameter shall have end sections.
38. The access shall be constructed and maintained in a manner that will not cause water to enter onto the
State Highway Access Permit Page 4
Attachment to Permit No. 405061 - Additional Terms and Conditions
roadway,and will not interfere with the existing drainage system within the State Highway right-of-way.
Drainage to the State Highway right-of-way shall not exceed historical rate of flow.
39. All existing drainage structures shall be extended,modified, or upgraded as necessary,to accommodate all
new construction and safety standards,in accordance to the Department's standard specifications.
40. The Permittee shall request final inspection by Linda McWilliams at(970) 350-2147,within 10 days
following completion of access construction,and prior to authorized use. The Permittee or their representative
shall be present.
41. A fully executed complete copy of this permit must be on the job site with the contractor at all times during
construction. Failure to comply with this or any other construction requirement may result in the immediate
suspension of work by order of the Department inspector or the issuing authority.
42. The design and construction of access and/or development of this property shall not negatively impact
adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the
Permittee.
C� OLORRAADO DEPARTMENT OF TRANSPORTATION Issuing authority application
STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance date:
Instructions: - Contact the Colorado Department of Transportation(CDOT)or your local government to determine your issuing authority.
- Contact the issuing authority to determine what plans and other documents are required to be submitted with your application.
- Complete this form(some questions may not apply to you)and attach all necessary documents and Submit it to the issuing authority.
m'salease print - Submit an application for each access affected.
type - If you have any questions contact the Issuing authority.
- For additional information see CDOT's Access Management website at htto://www.dotstate,co.us/AccessPermits/index.htni
1)Property owner(Permittee) 2)Agent for permittee(if different from property owner)
ClkMenl- i1/4O1duel riItllel? t&itt4
Street address 1! Mailing address
Po 89x 244 I W R4 atmtaint cr
City,state&zip Phone# City,state&zip Phone# -
Wtno Sett. C.° EDSS� required)
ilea (stn 7730 dr
kiwi*tee— CoGO fjoflo 478 ,rdb'3b4r
E-mail address
E-mail address if available
p ia-a t* t Ar 4-ra t- . co.,
3)Address of property to be served by permit(required)
9Soq, ray 341 WIKt>cn. posit,
4)Legal description of property:If within jurisdictional limits of Municipality,city and/or County,which one?
county subdivision dock lot section i township I tangs
WIN) I Lc Zvi • I St I B /S' 6 6
5)What State Highway are you requesting access from? 6)What side of the hi hway?
CO IFwy )qL SIN uS DEO W •
7)How many feet is the proposed access from the nearest mile post? How many feet is the proposed access from the nearest cross street?
ZODJC _feet❑N DSO E®W)from:Jake- 2.t_ toe t. feet IN❑S❑E®W)from: MKR, iI
8)What is the approximate date you intend to begin construction?
1,,t)6 28o,
9 Check here If you are requesting a:
IjI new access Otemporary access(duration anticipated: ) nimprovement to existing access
❑change in access use nremoval of access relocation of an existing access(provide detail)
Y`orovide existing property use
foci f M( /MVILVI4,a
11)Do you have knowledge of any State Highway access permits serving this property,or adjacent properties in which you have a property interest?
®fie CI yes,if yes-what are the permit number(s)and provide copies: and/or,permit date:
12)Does the props owner own or have any interests In any adjacent property?
Ono yes,If yes-please describe:
13)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the property?
lifl no a yes,if yes-list them on your plans and indicate the proposed and existing access points.
14)If you are requesting agricultural field access-how many acres will the access serve?
15)If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each.
business/land use square footage business square footage
Lanoaanpe ypro GAO bait")I Ito coo
I I
16)If you are requesting residential developement access,what is the type(single family,apartment,townhouse)and number of units?
type number of units type number of units
I I
17)Provide the following vehicle count estimates for vehicles that will use the access.Leaving the property then returning is two counts.
#or passenger cars and sght hicks at peak hour volumes #of multi unit trucks,t pa a..r al.. ..W'.e ADsl hi
Indicate if your counts are
peak hour volumes or 03 average daily volumes. ION 3o I o
Inge unit vanities in excess of 30 ft. #of farm vehicles(tied equipment) Total count of all vehicles
I 0 yo ota.liki
Previous editions are obsolete and may not be used Page 1 of 2 CDOT Form#137 12/04
riuM QM'
' V-1
fXIIBIT "A" - SIMPLE ACCESS DESIGN
69/00
`
rill Define: width of access exclusive of radii
radii
= profile
angle if other than 90° Ca
® surfacing—material type (asphalt grading, concrete class,total h
®a thickness, individual mat thickness for asphaltic materials) Co ram=
rea curb and gutter type/dimensions/material na'
°°i permanent signing or pavement markings necessary
Adrainage features—culvert type and size(no RCP in ROW), no
increased runoff to ROW
special or unusual features .
-- a
any landscaping in ROWail
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LEGEND: Q ~ Or
STANDARD SPECIAL PROVISION FOR
CDOT UTILTY,ACCESS OR SPECIAL USE PERMITS
Compliance With NCHRP 350 Crashworthiness Certification for Work Zone Traffic Control Devices
Work zone devices designated by FHWA as category I,Including but not limited to single-piece drums,tubes,cones
and delineators shall meet NCHRP 350 crash test requirements. The Permittee,or their contractor,shall obtain and
make available upon request,the manufacturer's written NCHRP 350 certification for each type of category I device.
Work zone devices designated by FHWA as category II,Including but not limited to barricades,vertical panels with
light,drums or cones with light,portable sign supports,intrusion detectors and type III barricades shall meet NCHRP
350 crash test requirements.However,the Permittee may use category II devices originally purchased prior to
October 1,2000 in accordance with Table 1,presented below.The Permittee,or their contractor,shall obtain and
make available upon request,the manufacturer's written NCHRP 350 FHWA Acceptance Letter for each type of
category II device,or shall certify that the category II device was originally purchased prior to October 1,2000.
Work zone devices designated by FHWA as category III,Including but not limited to concrete barriers,fixed sign
supports,crash cushions,and other work zone devices not meeting the definitions of Category I or II shall meet
NCHRP 350 crash test requirements. However,the Permittee may use category III devices originally purchased
prior to October 1,2002 in accordance with Table 1. The Permittee,or their contractor,shall obtain and make
available upon request,the manufacturer's written NCHRP 350 FHWA Acceptance Letter for each type of category
III device or shall certify that the category III device was originally purchased prior to October 1, 2002.
Work zone devices that do not meet NCHRP 350 requirements shall not be used after the phase out date.
FHWA Acceptance Letters for Category II or Category III Work Zone Devices may be accessed through the FHWA
website at htto://safetv.fhwa.dot.aov/roadway dept./road hardware/wzd.htm.
Table 1
Phased Implementation of Work Zone Devices
WORK ZONE DEVICES COMPLIANCE DATE PHASE OUT DATE
Category I October 1, 1998 for new installations. N/A
Category II October 1, 2000 for new installations. All devices must be in
Existing devices may be used until compliance by
service life is exhausted or until phase- January 1,2006.
out date,whichever comes first.
Category III October 1,2002 for new installations. All devices shall meet
Existing devices may be used until NCHRP 350
service life is exhausted or until phase- compliance by
out date,whichever comes first. January 1, 2006.
Exceptions: (see below)
Category III Exception: Units manufactured and purchased after N/A
Temporary Concrete Barriers October 1, 2002 must meet new
- New Standard:Type 7 F-shape standard.
Category Ill Exception: October 1, 1998 for new installations NA
Truck-mounted Attenuators&Work
Zone Crash Cushions
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EXHIBIT "C"
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
1
)
THE LAST DAY TO POST THE SIGN IS !V .0,1 2, ) )eu5-• THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-
OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW
IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE
DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST
PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT
WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED
ROAD RIGHT-OF-WAY.
/3NJtJ MAt LJ
I, JaegnE e-Hatekt, HEREBY CERTIFY UNDER PP AE�1 LTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST EN DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR U .. 'O 7 IN THE AGRICULTURAL
ZONE DISTRICT.
Jaequelino Hatch
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD d
The foregoing instrument was subscribed and sworn to me this day of ��c�(l l' ��i t005.
WITNESS my hand and official seal.
Notary Public
BILLIE J. MOORE
NOTARY PUBLIC
My Commission Expires: (6: STATE OF COLORADO
EXHIBIT
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