HomeMy WebLinkAbout20050097 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 0961 01 100121 and 0961 01 400120
Legal Description: Lot A of RE-3900 and Lot A of RE-1901; Pt. of the NE4 of Section 1: Township 5 North, Range 65
West
Flood Plain:None Zone District Agricultural (A) Total Acreage: 15 Acreage for USR: 15
Overlay District:Airport Geological Hazard:None
Weld C7"nty Planning Department
FEE OWNER(S) OF THE PROPERTY: LONGMONT OFFICE
Name: L.W. Miller Transportation, LLC Phone: (435) 753-8350
Address: 1050 West 200 North, Logan, UT 84323 OCT 07 2004
APPLICANT:
Ap ,i i Submitted-Not Deemed Complete
Name: L.W. Miller Transportation, Phone: (435) 753-8350 RECEIVED
Address: 1050 West 200 North, Logan, UT 84323
AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Lauren Light, AGPROfessionals, LLC
Address: 4311 Highway 66, Suite 4, Longmont, CO 80504
Phone: (970)535-9318 Email: Llight@agpros.com
PROPOSED USE: Livestock trailer washout,vehicle repair shop and fueling station for commercial use. Section 23-
3-40.R of the Weld County Code states that 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 lot in an approved or recorded
subdivision plat or lots part 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 is allowed as a Use
by Special Review in the A (Agricultural) Zone District.
I (We) hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating that
the signatory has to legal authority to sign for the corporation.
flp
Signature: Owner or Authoriz gent Date
EXHIBIT
I --rag_
2005-0097
09/27/2004 04:30 9705359854 AGPRO:LANDPRO PAGE 03/03
4311 Highway 66, Suite 4
Longmont, CO 80504
Office (970) 535-9318
Fax: (970) 535-9854
AGPROfessionals, LLC
September 27, 2004
Weld County Planning Department
1551 N. 17'Avenue
Greeley, CO 80631
To Whom it May Concern,
We have contracted with AGPROfessionals, LLC, to process all work related to a
Use by Special review application to be filed at Weld County. AGPROfessionals,
LLC, is authorized to represent L.W. Miller, LLC a Utah Limited Liability Company,
throughout this process. Larry Miller is authorized to sign for L.W. Miller, LLC a
Utah:Limited Liability Company.
Sincerely,
r.
Le
le° din 9aka
�atfr
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does not
pertain to your use, please respond with"not applicable",with an explanation as to why the question is not applicable.
1. Explain, in detail, the proposed use of the property.
The original Use by Special Review(USR-1441)was approved for the private use of a trailer washout facility
and a truck terminal for L.W. Miller Transportation, Inc. This proposed amendment is for a commercial trailer
washout facility, repair shop and fueling station. The truck terminal will dispatch for L.W. Miller only. The
amendment will include the additional 5 acres to the east of the existing USR,which contains an onion storage
building.The applicant bought the adjacent lot and onion storage building to address the concerns of the onion
storage facility owner when the original USR was approved. The building will now be remodeled to contain the
truck terminal and repair shop. A truck terminal building will not be constructed on the original USR site.
The livestock trailer washout facility is located to the west of the lagoon. Approximately 15 to 20 trailers a day
will be washed and there will be five bays. It takes approximately one hour to wash out a truck and 3,000
gallons of water. A water storage tank will be located onsite which ensures adequate pressure will be
available. North Weld Water suggested the use of a water storage tank. The primary use of the washout is
for the inside of the trailers,there will only be a quick rinse for the outside of the trailers. It is difficult to predict
the exact number of trucks that will utilize the facility until the business is officially operating. USR-1441
contains a note that states, "The trailer washout is designed to handle an average capacity of 20 trailers per
day".
The semi-truck repair shop will provide minor repairs as needed. All wastes,such as oil,will be collected and
picked up by an outside agency such as Safety Kleen. Parking space for trucks will be provided adjacent to
the terminal office as well as west of the trailer wash bays.
The fueling station will consist of one tank and is primarily for the convenience of the patrons that will utilize
the trailer washout facility. It will be a card-operated unit, which will be accessible 24 hours a day.
2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22(Comprehensive
Plan).
Section 23-2-40 states the benefits of the agricultural industry in Weld County. Sections 23-2-40.B.3 and 6.D
reiterate the benefits that transportation services provide to the agricultural industry. Transportation is an
important aspect of the livestock industry as animals are hauled to processing plants as well as to and from
feedlots and dairies. There is a need for a livestock washout facility in Weld County due to the numerous
amounts of livestock related operations in the County.
Section 22-2-601.A.Policy.1.1 states in part"Agricultural zoning is intendedto provide areas for agricultural
activities and other uses interdependent upon agriculture." A livestock washout facility and truck terminal is
directly related to and dependent upon the agricultural industry. The repair facility and fueling station is directly
associated with the washout and terminal.
Section 22-2-60.3.A.Policy.1.3 states in part "Agricultural businesses and industries will be encouraged to
locate in areas that minimize the removal of agricultural land from production. Agricultural business and
industries are defined as those which are related to ranching,livestock production,farming and agricultural
uses." The parcel proposed for the livestock washout facility and truck terminal is a part of the larger farm that
is not viable to farm due to irrigation patterns. The area is also in the airport overlay zone so no new
residences will be constructed in the overlay area.
3. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 23(Zoning)and the
zone district in which it is located.
r
The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-3-40.R of the
Weld County Code states that 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 lot in an approved or
recorded subdivision plat or lots part 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 is allowed as a Use by Special Review in the A (Agricultural)Zone District. The proposed facility
adheres to the section noted above which is consistent with the intent of the agricultural zone district.
4. What types of uses surround the site? Explain how the proposed use is consistent and compatible with
surrounding land uses.
The surrounding uses consist of agricultural operations such as farming and feedlots. The Greeley/Weld
Airport is located to the west. As the proposed facility is locatedin the airport overlay zone there will not be
any new residential uses located in close proximity to the livestock trailer washout facility and truck terminal.
There is a home to the south of State Highway 263, across from the existing onion storage building.
5. Describe, in detail, the following:
a. How many people will use this site?
Onsite employees,at this time,will consist of two mechanics and four office staff. Depending on the
number of trucks utilizing the trailer washout there will be approximately 15 to 20 drivers entering the
site. It is difficult to provide exact numbers until tie business is in operation.
b. How many employees are proposed to be employed at this site?
Six, at this time.
c. What are the hours of operation?
The requested hours of operation are 24 hours a day, 7 days a week. This will allow the facility to
operate when inclement weather inhibits use of the washout facility. The fueling station will be 24
hours a day as it is card operated.
d. What type and how many structures will be erected (built) on this site?
The existing onion storage building will be remodeled into a terminal building. No new structures will
be constructed other than what was approved with the original special use. The trailer washout bays,
truckers' lounge and fueling canopy were approved in conjunction with the original special use.
e. What type and how many animals, if any, will be on this site?
None.
f. What kind (type, size, weight) of vehicles will access this site and how often?
An average of 20 empty livestock trailers a day will utilize the trailer washout. Approximately fifteen to
twenty livestock semi-trucks and trailers could potentially utilize the truck terminal. Six passenger car
type vehicles for employees would access the site during hours of operation. The fueling station use
will probably correspond with the number of trucls using the trailer washout.
g. Who will provide fire protection to the site?
Union Colony Fire Protection District.
h. What is the water source on the property? (Both domestic and irrigation).
A tap from North Weld County Water District is available. A letter from the District has been
submitted in conjunction with this application. A well will be utilized once the State Engineer has
approved the appropriate documentation. The approved USR states: "The facility shall utilize the
existing public water supply(North Weld County Water District)or an adjudicated water source." The
tap from North Weld Water will be used until the State Engineer approves the replacement plan.
North Weld Water has approved use of the tap.
What is the sewage disposal system on the property? (Existing and proposed).
An individual sewage disposal system is proposed for the shop/office building. A shared septic will be
used unless either lot is sold. The Weld County Department of Health and Environment has
approved the sharing of the septic for the terminal and truckers office. The livestock trailer washout
consists of a solid separator system and lagoon similar to what is used at livestock confinement
operations. A certificate of designation is not required for this facility. A groundwater discharge
permit has been applied for through the State Health Department and will be approved prior to
operation of the truck wash.
j. If storage or warehousing is proposed, what type of items will be stored?
Trucks as well as trailers may be parked while in transit to another facility,waiting to be washed or for
repairs. Fuel will be stored onsite and storage units will meet all County, State and Federal
regulations. A water storage tank will be used to transfer water from the tap to the livestock washout.
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape
plan map as part of the application submittal.
A minimal amount of landscaping is proposed due to the topography of the site. The site is situated lower then
the highway, which makes screening the entire site impractical. However, landscaping will be provided
adjacent to State Highway 263. Landscaping is indicated on the attached landscape plan.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs.
Should the facility be permanently discontinued for use as a livestock washout facility/truck terminal, it
would be marketed under applicable county planning andzoning regulations to its greatest and best use.
8. Explain how the storm water drainage will be handled on the site.
The site will be graded to allow offsite historic drainage to be diverted around the developed site and to contain
the developed site's runoff within the proposed stormwater detention.
9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to
begin.
New construction is not anticipated, other than what was approved under USR 1441, as existing
structures are being utilized. The onion storage building will be remodeled into a terminal building. The
addition of landscaping will occur spring 2005.
10. Explain where storage and/or stockpile of wastes will occur on this site.
A waste-handling plan was submitted to and approved by Weld County Department of Health and
Environment with the previous USR. The plan indicates wastes generated,type and volume of chemicals to
be stored onsite and the waste handler and facility where the waste will be dispeed of.
FOR COMMERCIAL SITES, PLEASE FILL OUT THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business Name: L. W. Miller, LLC Phone: (970) 352-7584
Address: 23691 Highway 263, Greeley, CO 80631
Business Owner: L. W. Miller, LLC Phone: (435) 753-8350
Home Address: 1050 West 200 North Logan, Utah 84321
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
John Lazuick Manager 1645 W 1st Ave. Greeley, CO (970) 352-7584
Chuck Webb Manager Laketown, Utah (435) 757-3531
Larry W. Miller Owner Logan, Utah (435) 757-8222
Business Hours: 24
Type of Alarm: NONE
Name and address of alarm company: NONE
Location of Safe: None
************************************************************************************************************************
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building: 4
Is alcohol stored in building? no
Location(s):
Are drugs stored in building? no
Are weapons stored in building? no
Location(s):
The following programs are offered as a public service of the Weld County Sheriffs Office. Please
indicate the programs of interest.
X_Physical security check _X Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main electrical: East end of bldg South corner
Gas shut off: East End on bldg
Exterior water shutoff: South East corner of lot
Interior water shutoff: East wall, center of bldg
COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No.
404054
STATE HIGHWAY ACCESS CODE SH/S/MP263AJ004.500/L
263A/004.500/L
NOTICE TO PROCEED Local Jurisdiction
_ Weld County
Permittee(s): Applicant;
L.W. Miller L.W. Miller
1050 W. 200 North 1050 W. 200 North
Logan,UT 84321 Logan, UT 84321
435-753-8530 435-753-8530
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
,aQpropriate.
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
Colorado Department of Transportation
•
Title A h Date
(X) tce1c _ Assn' ACCT S $/)3/o4
Copy Dis ibu on: Required 1. Region Permit files 2. Staff Access Section. As needed: Local Authority M CE Patrol, Inspector Form 1265 8/98
85/29/2884 21:48 9705,109854 AGPR0;LflNDFRO PAGE 82/92
COLORADO DEPARTMENT OF TRANSPORTS'S N COOTPem*No.
STATE HIGHWAY ACCESS PERMIT 404054
State Highway NoSepreale
263A/004.S00/L
Penni tea Date of UthSyil w RoglaNSaCtiOnn ateot Watt Jurisdiction
100.00 06/24/2005 04/01./25 Weld County
The PsrmiGae(s); Applicant Ref No.2004
Mar 1,3v.Mee
1050W.200 North 1050 W.200 North
Logs UT 84321 Logan,ITT 84321
435-7534530 435-7534530
s hereby amen aemrisslon la have an meow mete slate highway et the lo on noted below.The access NO be mmtntied,maintained and used b
aoeordanu with this paint Inducing as State Highboy Access Cede and anymnedaneas,tome,cordPowre and anashe.This permit may be revoked
by the issuing authority if at any fine the permitted acct®and its rsa violate any pars a this permml[The Issuing au thodty,the Detainment and as*WV
appointed agars and employees shag be held harmless against any melon for paint Injury or property damage suatabwd
the mete.the ,moan of the ermmaa or
Location:
•
The aura`*is located on Seem ragbag 263,a diamnco of 2,616 fact cast from Milo Poet 4 on the north/left side-
Access to Provide Service to:
Truck Nymph 91,010SgFt 95.0096
Agriculture-Onion Storage ��_.... Lt600 Sq Ft 2549
a.
Other terms and conditions;
' See Attached Pages 2 and 3 and Odra Enclosntes for Additional Terms end Conditions
• The use or the property to the east k olden
• The mass is skated.
• Macaue or the atbacent property owner not obtained due to objections to this in
MUNICIPAUTY OR COUNTY APPROVAL.
Required only when the appropriate local authority retains issuing authority.
(x) n Date rite
Upon the Signing of this permit the parmittee agrees to the terms and conditions and referenced attachments contained
herein.AS construction snail be completed In an expeditions and safe manner end shall be finished Within 45 days from
Initiation.The permitted access shell be completed in accordance with the terms and conditions of the permit prior to
being tried.
The permutes shall notify Linda McWilliams with the Gatorade Department of Transportation in Greeley at 970-35Os
2147 at least 48 hours prior to commencing construction within the State Highway tight-of-way.
The person tiepins ea the t»miWas meat be the ureter or legal iepreeen®he or the propenyeaned by the painted warm and have S accept the permit and its toms and nonagons embody to
d4radltaa bate
(Y 7-7-0
This permit is not valid until signed by a duly authorized representative of the Department
COLORADO DEPARTMENT OF TRANSPORTATION
t 1 The
Dated Issue)(Y1 ' ,>
ri
amwes / (J� aim ,�entcaa Manager
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a.,�cpM. Pr•stoseaanls are olsr•re end may it mused
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State Highway Access Permit PERMIT EXPIRATION
Form 101, Page 2 1. A permit shall be considered expired if the access is not under construction
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 writing.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. l
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 internal 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 Department's 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, natural or cultural resources protected by law,or the health and safety 10. Each access shall be constructed in a manner that shall not c., se water to
of workers or the public. enter onto the roadway or shoulder, and shall not interfere with the existing
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 a
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 cases 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. 404054 -Additional Terms and Conditions
1. 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
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 costs associated with the maintenance of this access are the responsibility of the Permittee. This includes
design, construction, signing and striping, utility relocation, testing of materials,and inspections.
12. 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
State Highway Access Permit Page 2
Attachment to Permit No. 404054-Additional Terms and Conditions
fis M-605-1 or other approved system. The Permittee shall contact Ed Stieber at the Evans Maintenance Office,
(970) 506-4971,to obtain the Landscaping Permit.
13. 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.
14. If highway right-of-way fence exists or is proposed,the Permittee must contact Ed Stieber at the Evans
Maintenance office, (970) 506-4971, prior to any removal or installation.
15. The access shall be maintained 35 feet wide with 30 foot radii.
16. Surfacing of the access shall be maintained as per Exhibit"A".
17. The access shall be maintained in a manner that will not cause water to enter onto the 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.
18. The maintenance 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.
r
COLORADO DEPARTMENT OF TRANSPORTATION Issuing authorityapplicaton
STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance date: Dia4/04 (/U\
Instructions: - contact the Department of Transportation or your local government to determine your issuing authority.
ie. - 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.Submit an application for each access requested.
- if you have any questions contact the issuing authority. Please print or type
1)Property owner(Permittee) 2)Applicant
L W Miller Same
street address,city street address,city
1050 W 200 North Logan
state&zip UT 84321 phone#435-753-8530 state&zip phone#
3)Address of propety to be served by permit(if known) W ..
1/4 mile west of WCR 49
4)Legal description of property:
uMMe9n tiers Id MAon
Weld IRF#0961-01-04-RFI1g01 I W1/ i t 1 I SN i1p I range 65W
5)What state highway are you requesting access from? 6)What side of the highway JJ N 0 S 0 E 0 W
Highway 263
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?
N/A feet(circle: N S E W )from:____. _ ±1,600 feet(circle: N S E \[ )from:WC.R. 49
8)Check here if you are requesting a
0 new access 0 temporary access 0 improvement to existing access Q change in access use 0 removal of access
9)What is the approximate date you intend to begin construction?
May 15,2004
10)Do you have knowledge of any State Highway access permits serving this property,or adjacent properties in which you have a property interest.
o no ® yes,if yes-what are the permit number(s)?: L.tet(Dine and/or,permit date: 1/f-T/Q(p
11)Does the property owner own or have any interests in any djacentproperty?
CIno Ill yes,if yes-please describe:Hecently purchased neighboring property that shared access for
commercial use with proposed property
12)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the property?
i no 0 yes,if yes-list them on your plans and indicate the proposed and existing access points.
13)#you are requesfing commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each.
e"'", business square footage business
square footage
LW Miller I 9000 I
0(1;onvt 54to rag e, 115,000 ocher iu.sex I
14) ou are requesting agricultural Aid access-how many acres will the access serve?
15)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
16)Provide the following vehicle count estimates for vehicles that will use the access.Leaving the property then returning is two counts.Indicate if your counts are
❑peak hour volumes or IR average daily volumes.
a of passenger on and fight p kW multi lent trucks x of other vehges
42 \/ 30 NA
A of single unit vehicles in exces(30 a of farm vehicles mete equipment) Total count of all vehicles
NA (4"77.. ease-vtal NA 72
17)Check with the issuing authority to determine which of the following documents are required to complete the review of your application.
(plans should be no larger than 24"x 36")
e) Property map indicating other access,bordering roads and streets.
a) Highway and driveway plan profile. f) Proposed access design _
b) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements.
c) Map and letters detailing utility locations before and after h) Signing and striping plans.
development in and along the right-of-way. i) Traffic control plan.
d) Subdivision,zoning.or development plan. J) Proof of liability insurance.
If an access permit is issued to you it will state the terms and conditions for its use.Any changes in the use of the permitted
access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit.
The applicant declares under penalty of perjury in the second degree,and any other applicable state or federal
laws,that all information provided on this form and submitted attachments are to the best of their knowledge true
and complete.
Appifants signatur //1
J.-VISA
Date
It the applicant not the owner of the property,we require this application also to be signed by the property owner or their
legally authorized representative(or other acceptable written evidence).This signature shall constitute agreement with this
application by all owners-of-interest unless stated in writing. If a permit is authorized,the property owner will be listed as
the permittee.
Property owner si ure / ��� Date
Previous editions may be used until supplies are exhausted CD OT Fenn#137 9/96
) ) )
EXHIBIT A - SIMPLE ACCESS DESIGN
03/96
Define: width of access exclusive of radii
radii ':
profile C.-.
angle if other than 90° r- c-
surfacing - material type (asphalt grading, concrete class, total thickness, c'
individual mat thickness for asphaltic materials) . T ' `
curb and gutter type/dimensions/material
permanent signing or pavement markings necessary
drainage features - culvert type and size (no RCP in ROW), no increased
runoff to ROW
special or unusual features
any landscaping in ROW
14 r E
Su2F-pc.i OCS : C -u. L ec. co Kc.r^e ce
tw SG C t
0 MEET /633c a 35
GtznoA-nor.l ti WIDTH > )
V
5
I
R.O.W. - JG'30 s a70 white line -
aO'
o II KM —7./ 'J center line /
ILI
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L.W. Miller Access Iicatn). �`
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392 392 392 .
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pl�r '/1111 Nom •et. State Route
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Identify Results �-. Page 1 of 1
Parcel Valuation
Account#: R1288097 Parcel#:096101100121
Owners Name&Address: Property_Address;
AGRESERVES INC Street: 23730 62 CR
C/O DALE JONES LDS CHURCH TAX DIVISION City: WELD
50 EAST NORTH TEMPLE, 22 FLR
SALT LAKE CITY, UT 84150
Business/Complex:
Legal_Description
PT W2E2 1-5-65 LOT B REC EXEMPT RE-1901 (3.02R) %23730 WCR 62%23730 62 CR WELD 806310000
Land Value $26,172 Land Assessed Value $7,590
Impr. Value $126,508 Impr.Assessed Value $10,070
Total Value $152,680 Total Assessed Value $17,660
Total Taxes: $1,484.28 Amount Due: $0.00
Tax Area: Bordering County:
Township Range Section Quart.Sec. Subdlvison Name Block# Lot#
05-65 - 01 - 1 - -
Land Subtotal: Acres:82.31
Sale.Price Sale Date Deed Type Reception#
$0 6/28/2004 SWDN 3216491
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Identify Results ,-. Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1287897 Parcel#: 096101400120
Tax Area: 0684 Bordering County:
Acres:4.68
Township Range Section Quart.._Sec. Subdivison Name Block*Lot#
05 - 65- 01 -4 --
Owners Name B Address: Property Address:
MILLER L W LLC Street:23691 263 HWY
1050 W 200 NORTH City: WELD
LOGAN, UT 34321
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
4/29/2004 $550,000 SWD 3175644
Legal Description
PT E2E2 1-5-65 LOT A REC EXEMPT RE-1901 SITUS: 23691 263 HWY WELD 806310000
Land Valuation Summary
- Land Type Abst Code Un' of Number of Actual Value Assessed
Measure Units Value
Agricultural 4137 Acres 4
Agricultural 4117 Acres 0.68
Land Subtotal: 4.68 $416 $120
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Out Building
Improvements Subtotal: $202,800 $58,810
Total Property Value $203,216 $58,930
Buiidi_ngDetails
Account#: R1287897 Parcel#: 096101400120
Owners Name&Address: Property Address;
MILLER L W LLC Street:23691 263 HWY
1050 W 200 NORTH City: WELD
LOGAN, UT 34321
Building# Property Type
1 Out Building
Individual Built As Detail
Built As: Storage-Potato Year Built: 1996
Exterior: Steel Frame Siding HVAC: None
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Identify Results Page 2 of 2
Interior Finish: Built As SQ Ft: 15600
# of Baths: 0 Roof Type:
r # of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft Detached SQ Ft
Basement:
Total SQ Ft: Finished SQ Ft:
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