HomeMy WebLinkAbout951348.tiffRESOLUTION
RE: ACTION OF BOARD CONCERNING MINOR SUBDIVISION FINAL PLAT (MT. VIEW
ESTATES #1) - IVAR AND DONNA LARSON
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, pursuant to Supplemental Final Order and Judgment issued by Judge John
J. Althoff concerning Case No. 94 -CV -172, the Board of County Commissioners held a public
meeting on the 28th day of June, 1995, at the hour of 9:00 a.m. in the Chambers of the Board for
the purpose of reconsidering the application of Ivar and Donna Larson, 925 North County Road,
Route 1, Berthoud, Colorado 80513, for a Minor Subdivision Final Plat (Mt. View Estates #1) on
the following described real estate, to -wit:
Part of Section 5, Township 4 North, Range 68 West
of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on June 28, 1995, Donna Larson, applicant, and John Chilson,
Attorney representing said applicant, were present, and
WHEREAS, the abovementioned Court Order provides instructions for review of said Minor
Subdivision Final Plat, and
WHEREAS, the Board of County Commissioners reviewed the existing record on this
matter, including but not limited to, the transcript of the previous hearing concluded on March 30,
1994, Planning Commission Resolution for Recommendation to the Board of County
Commissioners, the original Resolution of Denial approved by the Board of County Commissioners
on March 30, 1994, and, having been fully informed, finds that this request shall be denied for the
following reasons:
1. It is the opinion of the Board of County Commissioners that the applicant has not
shown compliance with Sections 4.5.16.5, 4.5.16.11, 4.5.16.16, and 4.5.16.2 of the
Weld County Subdivision Ordinance as follows:
a. The applicant has failed to show that the proposed uses of the Minor
Subdivision will be compatible with the soil or topographic conditions
presenting hazards or requiring special precautions, pursuant to Section
4.5.16.5 of the Weld County Subdivision Ordinance.
b. The proposed Minor Subdivision will create a new access onto Colorado
State Highway 60. Therefore, the applicants have not shown compliance
with Section 4.5.16.11 of the Weld County Subdivision Ordinance, which
requires: _"that no additional access to a County, State, or Federal highway
will be created."
951348
PL0949
m: Pt; cfj ¢rsnn) Chi ls6n
RECONSIDER MINOR SUBDIVISION - MT. VIEW ESTATES #1
PAGE 2
c. Section 4.5.16.2 states that the Minor Subdivision "will be located in an
Urban Growth Boundary area." Without reference to the Weld County
Comprehensive Plan, correspondence received from the City of Loveland
is the only evidence on the Urban Growth Boundaries and indicates the
project is not within Loveland's Urban Growth Boundary, and Loveland is the
only municipality within three miles.
d. The applicant has not shown that, pursuant to Section 4.5.16.16, the Minor
Subdivision will not cause an unreasonable burden on the ability of local
governments or districts to provide fire and police protection or other
services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ivar and Donna Larson for a Minor Subdivision Final Plat
(Mt. View Estates #1) on the hereinabove described parcel of land be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of June, A.D., 1995.
Clerk to the Board
t F mo
BY:
APP OVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, 99LORADO
c
Dale,_}C. Hall, Chairman
Barbara J. Kirkmeyer/ Pro-Tem
GeorgerE. Baxter
L/
Constance L. Harbert
flue
W. H. ebster
951348
PL0949
CASE REVIEW:
MOUNTAIN VIEW I AND 2
LOCATION: 1/4 MILE WEST OF THE INTERSECTION OF WCR 5 AND STATE 60
CURRENT ZONING: AGRICULTURE
HISTORY: Submitted to Planning on November 11, 1993
Utility Board Meeting December 16, 1993
Planning Commission December 21, 1993
Board of County Commissioners December 31, 1993- cont January 4,1994 and
-- continued to March 30, 1994 (unanimously denied)
MOUNTAIN VIEW 1
NUMBER OF PARCELS
AVERAGE SIZE
TOTAL ACRES
UTILITIES TO SITE:
WATER
SEWER
GAS
SCHOOL
FIRE
MOUNTAIN VIEW 2
5 NUMBER OF PARCELS 4
2.9 AVERAGE SIZE 2.5
14.6 TOTAL ACRES 10.65
TOTAL ACRES 25
LITTLE THOMPSON WATER DISTRICT
INDIVIDUAL SEPTIC DISPOSAL SYSTEMS
PUBLIC SERVICE COMPANY
LOVELAND
BERTHOUD DISTRICT
REFERRAL RESPONSES FROM:
COLORADO OIL AND GAS COMMISSION
COLORADO DEPARTMENT OF TRANSPORTATION
CITY OF LOVELAND
BERTHOUD FIRE DISTRICT
WELD COUNTY HEALTH DEPT
WELD COUNTY PUBLIC WORKS
WELD COUNTY ATTORNEY'S OFFICE
OFFICE OF STATE ENGINEER
COLORADO GEOLOGICAL SURVEY
DITCH AND RESERVOIR COMPANY
95138
4r
95139
INDEX
MOUNTAIN VIEW I and II
Summary
Planning Commission Resolution
Maps
Loveland (Community Development) letters - p466, p30
Teresa Jones letter (Colorado Department of Transportation)- p161, p248
Access Permits
MT. VIEW I and II
Weld County Subdivision Ordinance (December 15, 1992)
The relevant Sections of the Weld County Subdivision Ordinance and Hearing Transcripts follow:
4.5.16.5 SOILS COMPATIBILITY - That all areas of the minor subdivision which may
involve soil or topographical conditions presenting hazards or requiring special precautions
have been identified by the subdivider and that the proposed uses of these are compatible with
such conditions;
Transcript
p6 (L8-25) Soils
p107 (L21-25) Water
p108 (L1-9) Water
p147 (L12-22) Soils
4.5.16.11 - That no additional access to a County, State or Federal highway be created;
Transcript
p65 (L7-8) Access
p102 (L4-8) Access
p102 (L14-20) Access
p137 (L11-25 cont p136 (L1) Access
p139 (L7-22) Access
p141 (L18-25) Access
p142 (L1-15) Access
p142 (L23-25) Access
p143 (L1) Access
p146 (L11-25) Access
4.5.16.16 - That the minor will not cause an unreasonable burden on the ability of local
governments or districts to provide fire and police protection or other services.
Transcript
p97 (L17-25) Traffic Impacts
p103 (L22-25) Odor Problems
p103 (L1-15) General Provisions (Ditch Control)
4.5.16.2 - That the minor subdivision will be located in an Urban Growth Boundary Area.
Transcript
p148 (L5-9) UGB
p148 (L18-25) UGB
p149 (L1-13) UGB
p149 (L17-25) UGB
p150 (L1-7) UGB
1
*Without the aid of the Comprehensive Plan there is no definition of Urban Growth Boundaries,
therefore, the municipality falls under the concept of a referral agency which the City of Loveland
stated in their December 13, 1994, letter (Exhibit 19), that it was outside of their considered Urban
Growth Boundary Area, therefore 4.5.16.2 has clearly not been met.
The letter from Loveland (p30) February 8, 1993, merely states the City of Loveland is an eligible
referral agency but not an Urban Growth Boundary determination 4.5.7.
4.5.7 - Referral responses
p22 - Subdivision Ordinance
p149 (L1-13) Transcript
Letters
1. Loveland (Community Development) letters - p466, p30
2. Theresa Jones letter (Colorado Department of Transporation) - p161, p248
3. Access Permits - p115
4. Planning Commission Resolution, p232
5. Maps, p45-46, p500-501
2
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
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Moved by Bill O'Hare that the following resolution be introduced for passage by
the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
CASE NUMBERS: S-347
NAME: Ivar and Donna Larson
ADDRESS: 925 County Road, Route #1, Berthoud, Colorado 80513
REQUEST: Minor Subdivision Final Plat (Mt. View Estates
LEGAL DESCRIPTION: Part of Section 5, T4N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: The parcel is located approximately 1/4 mile west of the
intersection of Weld County Road 5 and State Highway 60.
be recommended unfavorably to the Board of County Commissioners for the following
reasons:
#1).
C-'
1. It is the opinion of the Planning Commission that the applicant has not
shown compliance with Section 4.5.9 of the Weld County Subdivision
Ordinance as follows:
-This property is zoned A (Agricultural). The Agricultural zone
district was established to maintain and preserve the agricultural
base of the County. This proposal will take 25 acres of irrigated
farm land out of production. The Comprehensive Plan attempts to
minimize the incompatibilities that occur between agricultural and
urban uses, and this request will not only increase incompatible
uses but will make current farming practices in the area far more
difficult. Additionally, the potential for increased interference
is probable.
This proposal is not consistent with the Agricultural zone policies
in the Weld County Comprehensive Plan. This proposal is located in
the A (Agricultural) zone district and is evaluated under the
Agricultural Goals and Policies. A goal of the agricultural zone
district is to encourage residential development to locate adjacent
to existing incorporated municipalities. The parcel is located
approximately 1 1/2 mile from the city limits of Loveland, however,
the city of Loveland does not consider this parcel to be a part of
their Urban Growth Boundary. It is the opinion of the Department of
xh,b,J-c'
000232
CORRECTED RESOLUTION, S-347
Ivar and Donna Larson
Page 2
Planning Services' staff that the approval of this request
-encourages "leapfrog" or noncontiguous development in a rural
location.
This request does not represent efficient and orderly development
nor does it demonstrate compatibility with existing surrounding land
use in terms of general use, scale, density, traffic, dust, and
noise. The current general use of the surrounding area is
agricultural. The scale and density of the proposal far exceeds the
current nature of the area. Based on census data this site will
generate 26 additional people in this area. With an increase of
density, noise levels, traffic generated, and general overall
appearance of this area will change from rural to urban.
The soil is mostly Nunn Clay Loam 1 to 3 percent slopes. This soil
has fair to poor potential for urban development. It has moderate
-to high shrink/swell, low strength, and moderately slow
_permeability. These features create problems in dwelling and road
construction (United State Department of Agriculture, P.26). These
same concerns have been addressed by the Health Department and CDS
-Engineering. The Health Department has received additional
information to determine the suitability of septic systems, however
LDS Engineering has stipulated the need to provide geotechnical
investigation and engineered foundations for each lot.
While clay soil performs poorly for urban development. This soil is
also classified as prime farm land. As such, this ground plays a
vital role as the county's most
Agriculture Soil Conservation Survey, National Soils Handbook) . The
Comprehensive Plan calls for the preservation and expansion of prime
Agricultural land. In fact, the Comprehensive Plan stipulates that
If development is suggested for prime agricultural land appropriate
alternative areas should be sought.
important natural resource (U.S.
John Donnely, P.E., contractor for the applicant has suggested that
these two pieces of ground are no longer viable farms due to their
size, proximity to other housing, and lack of knowledge of nearby
residents.. The size of the current parcels are similar (in size) to
-other existing surrounding farms. By splitting these parcels into
9 lots, the applicants will invite even more people and children
into the existing farm area, thereby creating the possibility for
even more urban and rural conflict. More owners will further
increase conflict and confusion regarding the use of irrigation
water.
000233
CORRECTED RESOLUTION, S-347
Zvar and:Donna Larson
Page 3
Staff has received numerous objections both verbally and in writing in opposition
to this request. The major concerns regard: compatibility with the surrounding
area, character of the development, potential interference with agricultural
uses, safety issues and general concern for protecting the current agricultural
lifestyle of the area.
This recommendation is based, in part, upon a review of the application materials
submitted by the applicant, other relevant information regarding the request, and
responses from referral entities.
Motion seconded by Ron Sommer.
VOTE:
For Passage
Richard Kimmel
Bill O'Hare
Juliette Kroekel
Marie Koolstra
Ron Sommer
Tom Rulon
Judy Yamaguchi
-Against Passage
The Chairperson declared the resolution passed and ordered that a certified copy
be forwarded with the file of the case to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording -Secretary for the Weld -County Planning Commission, do
hereby certify that the above and Foregoing resolution is a true copy of the
resolution of the Planning Commission of Weld County, Colorado, Adopted on
January 18, 1994.
ed the 18t of Jan try, 1994.
haryn F. 1• u
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STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
m4lon 4
1420 2nd Wen
P.O.liox 050
Crcdey, Colorado 80612.0050
(303) 351.1232
Weld Co., SH 60
Mountain View Est. 1 &2
W. of WCR 5, S. Side
MP 2.80-9, Rt.
Access Permit # 493088
This latter is being provided to all effected property owners.
Letter is distributed to those owners by way of Dertified mail,
December 20, 1993.
December 20, 1993
Ms. Monica Daniels -Mika - Current Planner
Dept. of Planning Services
Weld County Administrative Offices
14-00 N. 17th Ave.
Greeley CO 80631
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DEC 2 C 1993
Weld-Caunty Planning
Dear Monica,
This correspondence is provided in order to clarify the
Department's position in regard to some issues which have been
raised with State Highway Access Permit #-493088 authorizing an
access for permittees, Ivar W. Larson and -Donna M. Larson for
their Mountain View Estates 1 and 2, and the properties to the
east of the proposed subdivision. _I have had calls in -regard to
issues at the site, and this letter is intended to clearly
present the Department's -requirements in _regard to any -changes of
access which occur in the vicinity of that site, both -for the
Larson property and for the adjacent properties to the east.
The -State Highway Access Permit issued November 1, 1993
authorizes access to serve 2 existing single -family dwellings
(those to the east of the proposed subdivision), and 9 additional
dwellings of the Mountain View Estates Subdivision. 'That -access
is -a joint access provided by a new private access road
identified as Mountain View Lana. The Permit shows the lane
centered in two 30 foot access easements, one easement strip on
each side -of the Larson's east property boundary.
There seems to be some confusion in regard to the legality
of the 30' access -easement -which is shown to be provided by the
adjacent property to the east. The Final Plat and the
Preliminary Road Plan and Profile for Mountain View Estates 1 and
2 have been incorporated into the SR Access Permit, and both
clearly show the two 310 foot easements along the boundary. The
Preliminary Road Plan also indicates an existing access for
single family residential use just east of the boundary, and an
-agricultural access just ,test of that toundary. The east 000161
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13 December, 1993
• CITY OF LOVELAND
COMMUNITY DEVELOPMENT SERVIC-ES
Civic Center . 50 t Third • Loveland, Colorado 80537 • (303) 962-2900 FAX • (303) 962-2620 TDD
Planning Engineering Building Streets Solid Waste Admininstration
962-2523 962-2501 962-2505 962-2529 962-2529 962.2524
Monica Daniels -Mika
Current Planner
Weld County
1400 N. 17th Ave.
-Greeley, Co. 80-631
RE: Mountain View Estates land 2 County Referral
-This letter is to inform you that the abovementionedprojects
are not within the City of Zovel-and's Urban Growth Boundary.
Consequently, _Loveland planning staff will not be providing
comment on this project.
Should you have any questions, please feel free to call me at
-9S2-2521.
Respectfully,
Edwin W. oore AICP
Chief P nhener
City o Loveland
Printed_on �OS446
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Weld County Planning
EXHIBIT
CITY OF LOVELAND
CDMMUNITYDEVELOPMENT SERVICES
Civic Center • 500₹ast Third • Loveland, Colorado 80537 • (303) 962-2900 FAX
Planning Engineering building Streets Solid Waste Admininstration
962-2523 9622501 9622505 9622529 962-2529 962-2524
February 8, 1993
Ivar W.Iarson
925 North County Line Road
Route 1
Berthoud, CO 80 513
RE: Weld County Exemption No.1061-5-1-RE 126
Dear Mr. Larson:
Per your request, I have checked our existing city limits in reference to your property
(Weld County Exemption No. 1O61 -5 -1 -RE 126). This property is located within a three mile
radius of the existing city limits of the City of Loveland, Colorado.
You may present this letter to the Weld County Planning Commission. If I can be of further
assistance, please contact me at 962-1510.
Sincerely,
0)4
Dave DeBaere,
attachment: exemption copy
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COLORADO DEPARTME r' OF TRANSPORTATION
STATE HIGHWAY ACCESS PERMIT
HMW II: Al Warnock (between 8-8:30 a.m./4-4:30 p.m.)
0667-4650
'H Nu/MP/Side.
Local Jurisdiction:
Dist/Section/Patrol
DOT Permit No.:
Permit Fee:
Date of Transmittal
60/2.809/RT
Larimer County
1/4/5
493088
$100.00
10/28/9a
iE PP£RMITTEE;
Ivar W. Larson rind InINA M. Lh2sn
925 County Line-Road/Rte. 1
Berthoud, CO 80313
II/,/43
Contact: Richard Thornton
Phone: 667-8010
is hereby granted permission to construct and _USB an access to the state highway -at the location noted below.
The access shall be_constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway,Access Code and listed attachments. Th(s permit may be revoked by the issuing
authority if atany time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are requiredat all times during access
construction within State right-of-way in conformance with the MANIJAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. The issuing authority, the Department and their duly appointed agentsand employees shall be held
harmless against any action for personal injury or property damageaustained by reason -of the exercise of the permit.
LOCATION:
Access is to be located on State Highway 60, a distance of 4,269 feet east from Mile
Post 2 on the east/right side.
CCESS TO PROVIDE SERVICE TO:
2 existing single family dwelling and 9 additional family 'dwellings by a joint
private access road identified as Mountain View Zane.
i
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THER TERMS AND CONDITIONS:
I. This permit is only for the use and -purpose stated in the Application and Permit. A
_change in use of the property which results in a change in the type of driveway
operation may require reconstruction, relocation, or conformance of the _driveway to
the State Highway Access Code.
2. This access shall continue to exist until such time that other reason -able access to
an alternate street or other access is available.
3. Left turn movements in and out of the accesses) may be prohibited at some future
date.
4. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications_of design mr materials. If any construction
element fails within two years due to improper -construction or material
specifications, the permittee is responsible for all repairs.
3. All existing access (including agricultural access to west and residential access to
east) shall be removed. Removal shall include return -of SH 60 side slopes and
borrow to match adjacent conditions, and remove alj indications of prior accesses.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By (X) Date Title
_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. Thepermitted access shall be completed in accordance with the terms and -conditions of the permit prior to
being used. The permittee shall notify John Springer
with the Colorado Department of Transportation in Loveland at 667-465O
at least 48 hours.PJ/pr to common Ing construction within the State Highway right-ol-way.
jChi3iperspnsigmagi ggdhe:prpgitte must be the owner or legal representative of the property served by the permitted
access and have ullfauthor' t cept the permit and all ifs terms and conditions.
Permittee (X
Date 0 -1 -
This permit is not valid until signed by a duly authorized representative of the Department.
DEPARTMENT OFT ANSPORT-ATION, STATE OFCOLORADO
By Date TitlerNa‘VazArt c sS CriasSGe•AV
(D to of issue)
OPT DISTRIBUTION:
Required;
1. District (Original)
2. Applicant
3 Stall ROW
Make copies as necessary tor.
Local Authority Inspector
MICE Patrol Traille Engineer
000431 ODOT Form X101
T/71
The following paragraph are pertinent lights of the Slate Highway Access Code.1 e are provided for you ZEAOpO
but_do not alleviate compliance -with all sections of the Access Code. A copy of the Slats Highway Access Code is available
from your local Issuing authority (localijovernment) or the Colorado Department of Transportation (Department). When this
permit was Issued, the Issuing authority made Its decision based in part on information submitted by the applicant, on the
access c-ategory which Is -assigned to the -highway, whahlternativeaccess to other -public roads and streets Isavallabte, and
safety and design standards. Changes in use or design not -approved by the permit or the issuing -authority may cause the
revocation or suspension of the permit.
I Appeals
1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal-nust-be filed with the Colorado Transportation Commission within 60 days of transmittal of
the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado
Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons
for the appealand may include recommendations by the permittee orappllcant that would be acceptable to him.
2. The Department -may consider any objections and requested revisionsal the request of the applicant or permittee. II
agreement is reached, the Department, with theapproval of the local issuingadthonly fie:applicatfle), may rdvfsclhe permit
accordingly, or issue a new permit, -or require the -applicant to submits new application for reconsideration. Changes in the
original application, proposed design or_access use will normally require submittal of a new application.
3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to
the_permit, if the permittee or applicant wishes to appeal theDepartmenl's decision to the Commission, the appeal must be
brought to the Commission within 60 -days of transmittal of the permit.
4. Any appeal -by the -applicant or permittee of action by the local issuing authority when it is the -appropriate local authority
(under subsection 2.4), shall be filed with the local authorityand be consistent with the appeal procedures of the local
authority.
5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk
and Recorder.
II Construction standards and requirements •
1. The access must be under construction within one' year of the permit -date: However, under certain conditions a one year
time extension may be granted if requested in writing prior to permit expiration. •
2. The applicant shall notify the office specif ied'on the permit at least -48 hoursprior to construction. A -copy of the permit shall
be available for review at the -construction site. Inspections will be made during construction.
3. Theaccess construction within highway right-of-way must be completed within 45 days.
4. It is the responsibility of the_permittee to complete the construction of the access according to the terms and conditions of
the permit. If the permittee wishes to use the access prior to completiorarrangements must be approved by the issuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In the event it becomes necessary to remove -any right-of-way fence, the posts on either side of the access shall be securely
braced with an approved end post before the fence is cut to prevent any slacking -of the remaining fence. All posts and wire
removed are Department properly andshall be turned over to a representative of the Department.
6. A copy -of the permit shall be available for review at the construction site. If necessary, minor Changes andadditions shall be
ordered by the Department or local authority field inspector to meet unanticipated site conditions.
7. The access shall beeonstructe-d and maintained in a manner that shall not cause water to enter onto the roadway, and shall
not interfere with the drainage system in the right-of-way.
B. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a
permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and
at the direction of theDepartment or utility company. Any damage to the slate highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
•
S. 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. This may include the use of signs, flashers,_barricadesand flaggers. This
is also required by section 42-4-501,C,R.S. as amended. 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.
III Changes In use -and violations
1. If there are changes in the use of theaccess, the access permit -issuing authority mustbe notified of the change. A change in
property use which makes the -existing access design or use in non-conformance with the -Access Code'or the terms and
conditions of thepermit, may require the reconstruction or relocation of theaccess. Examples of changes in access use are,
an increase in vehicular volume by20 percent. or an increase by 20 percent of a -directional characteristic such as a left turn.
The issuing authority will review theariginal permit, it maylfecide it is adequate or request that you apply lot a new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs.
3. When apermitted driveway is constructed or used in violation of the Access Code, the local -government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
IV Further Information
1. When the permit holder wishes to make improvements to an existing legalaccess, he shall make his request by filing a
completed permit application form with the issuingauthority. The issuing authority may take_action only on the request for
improvement. Denial does not revoke the existing access.
2. The permittee, his heirs, successors -in -interest, and assigns, of the property serviced by the access shall be responsible for
meeting the terms and conditions of the-permiland 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. The Department shall maintain in
unincorporated areas the highway drainage system, including those culverts under the access which are part ul that system
within the right-of-way.
3 The issue date of the permit is the -date the Department representative signs the permit which is alter the permittee has
returned the permit signed and_paid any required fees.
4 The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or
redesign the highway including any auxiliary lane.
5. Any driveway, whether constructed before, on, or alter June 30, 1979. may be requlred by the Department, with written
concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either al
the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property
which results in a change in the type of driveway operation, or at the expense of the Doom lment if the ieconstruction or
relocation is necessitated by changes in road or II al tic conditions the necessity for the relocation or i cconstriictiOn shall
be determined by reference to the sl,indards set forth in tire Access Cody
1. Driveway shall be constructed 24 feet wide with 25 foot radii, as per
Exhibit "C".
1
I
M
I
I
1
r
r
I
I
I
I
I
I
I
I
I
M
2. Surfacing shall consist of 4 inches ABC Class 6 (as per Exhibit "C") and
shall extend from the highway travelled way to the right-of-way line.
(Specifications for surfacing materials are attached.)
3. The access shall be constructed and maintained in a manner that shall not
Cause water to enter onto the roadway, and shall not interfere with the
drainage system in the right-of-way. Drainage to the State Highway right-
of-way shall not exceed the historical rate of flow.
4. The first 20 feet beyond the closest highway lane, including speed change
lanes, shall slope down and way from the highway at a 2% grade to ensure
proper drainage control of the access.
5 The horizontal axis of the access shall be at a right angle to the center-
line of the highway and extend a minimum of 40 feet beyond the outside edge
of the nearest lane.
6. An access that has a gate across it shall be designed so that the longest
vehicle using it can completely clear the travelled way when the gate is
closed.
7. The side slopes of the access approach shall be 6:1 or flatter.
8. An adequate length of new 18 -inch corrugated steel pipe shall be provided.
9. If frost is present in the sub -grade, no surfacin-g material shall be placed
until all frost is gone or removed.
10. Permittee is responsible for any utilities disrupted by the construction
of this access and all expenses incurred for their repair.
11. Survey markers present must be preserved in their original positions.
Notify 350-2173 immediately upon discovery of any such markers at the site.
12. Access approaches which require a break in the right-of-way fence shall
not allow livestock to enter the highway right-of-way.
13. Cattle guard shall not be permitted in the State of Highway right-of-way.
14. A COMPLETE COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR AT
ALL TIMES DURING CONSTRUCTION. If necessary, minor changes and additions
may be ordered by the Department or local authority field inspector to
meet unanticipated site conditions.
w
000251
gi:OLORADO DEPARTMENT OF HIGH. ,YS
[APPLICATION FOR STATE HIGHWAY ACCESS PERMIT
lf
Instructions:
- contact the Department of Highways 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) & 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
Issuing authority
applica ionAccuptance
date 1
Property owner (Permittee)
Ivar w. and Donna M. Larson
eeteaNN. cltyCounty Line Rd.,
ate 8 zip
CO 80513
II) Address of properly to be served by permit Of known)
2) Applicant
CDS Engineering; I4chard Thornton -
sir et address, city,
Rte 1, Berthuoc? 1714 Topaz Dr., Ste215, Loveland
Phone s
532-3361
f 4) Legal description of property:
county subdivision
II IWELD
stale 8 zip
CO 80537
Pi nea
667-8010
block lot
) What slate hldhwgy Bore you6equesting access from?
�)
I
sec lion
township
4 N
raH
n e
13�68 W
6) What side of the highway?
How many feel Is the proposed access from the nearest mile post or cross street?
4269 feet (N Sr W )from Mile Post 2
E21 improvement to existing access
ii.) What is the approximate date you Intend to begin construction?
ON (XS OE OW
8) Check here If you are requesting a
❑ new access ❑ temporary access
H3-)
3
hange in access use
2 94
110) Do you haveknowledge of any State Highway access permits serving this property, of for adjacent properties in which you have a property interest
X7f yes C no If "yes" - what are the permit number(s)? unknown and/or, permit date unknown
.1) Does the properly owner own or have any interests in any adjacent property?
yes no If "yes" - please describe:
12) Are mere exist
1yea
II IS) If you are
footage of
I
14
I
business
ded • ted public streets, roads, highways or access easements bordering or within the property?
If " :s" - list them on your plans and Indicate the proposed and existing access points.
mercial or industrial access please indicate the types and number of businesses and provide the floor area square
square footage
N/A
business square foota,.
If you are requesting agricultural field access
N/A
If you are requesting residential development access, - what Is the type (single family, apartment, townhouse) and number of units?
- how many acres will the access serve?
type
Single Family (proposed)
number of units�
9 ✓
type
number of unit
116) _
Provide the following vehicle count estimates for vehicles that will use the access. Leaving property then returning
your counts are peak hour volume." ❑ or average daily volumes tX
s two Counts. Indicate if
't of passengeu,tk./ ars and light truc
yu
'Hof
a of multi unit trucks
negligible
s of other vehicle s
negligible
single unit vehicles In excess of 30,ft
negligible
if of farm vehicles (field equipment)
negligible
Total Count ol�ll vehicle.
90
eC w the ssuing authority to determine which of the following documents are required to complete the review of your application.
(plans should be no larger than 24"'x3&')
3
c)
Highway and driveway plan end profile.
Drainage plan showing Impact to the highway right-of-way.
Map and letters detailing utility locations before and after
development In and along the right-of-way.
d) Subdivision, zoning, or development plan.
e)
X1
h)
I)
Property map Indicating other access, bordering roads and streets.
Proposed access design.
Parcel and ownership maps Including easements.
Signing and striping plans.
Traffic control plan
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 THE BEST OF THEIR KNOWLEDGE TRUE AND COMPLETE.
Applicant si n e
Date
/2/r- 7
If the applicant is 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
agreerp: t with his/ pplication by all owners -of -interest unless stated in writing. If a permit is authorized, the
prope ty own r till y� listed as the permittee.
P
own: sign
Previous • llona may be used until anpplbaariuhai, i i.' 2 5
Dale
P--27- 4/3
COON Form r'.
litSTATE HIGHWAY ACCESS PERMIT
H181 II: Al Warnock @ 667-4650 between 8-8:30 a.m./4-4:30
COLORADO DEPARTMENT OF TRANSPORTATION
I No/MP/Side: 60/2.802/Right
Local Jurisdiction: Latimer County
Dist/Section/Putrol:4/1/5
DOT Permit No.: 494001
P•m• Permit Fee: $100
Date of Transmittal: 01/05/94
I'HE PERMITTEE;
Ivar W. Larson and Donna M. Larson
925 County Line Road / Route 1
Berthoud, Colorado 80513
Contact Person: Richard Thornton
Phone: 667,8010
J
N
I
I
LOCATION:
illAccess is to be located on State Highway 60, a distance of 4232 feet east
from Mile Post 2 on the east/right side.
f3
EXHIBIT
1
Is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
Including the State Hlghway;Access Code and listed attachments. Th(s permit may be revoked by the issuing
authority If at any time the permitted access and Its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. 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.
1CCESS TO PROVIDE SERVICE TO:
I
9 single-family dwellings of Mountain View Estates Subdivision by way of
Mountain View Lane, a private drive.
J)THER TERMS AND CONDITIONS:
1. THIS PERMIT SHALL REPLACE PERMIT 1493088, PRIOR PERMIT HAS BEEN VOIDED. •
2. This permit is only for the use and purpose stated in the Application and Permit.
A change in use of the property which results in a change in the type of driveway
operation may require reconstruction, relocation, or conformance of, the driveway
to.the.State.Highway Access Code.
3, This access shall continue to exist until such time that other reasonable access to
an alternate street or other access is available.
4. Left turn movemerifs in and out of the access(es) may be prohibited at some future
date.
•
5. Reconstruction or improvements to the access may required when the permittee
has failed to meet required specifications of design or materials. If any con-
struction element fails within two years due to improper construction or material
specifications, the permittee is responsible for all repairs.
6. The existing access shall be removed. Removal shall include return of SH 60 side
slopes and borrow to match adjacent conditions, and remove all indications of prior
access.
SEE DESIGN ATTACHMENT "EXHIBIT A"
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains Issuing authority.
By (X) Date
Title
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 John Springer
with the Colorado Department of Transportation In Loveland at 667-4650
at least 48 hours prior to comme Ing construction within the State Highway right-of-way:
The person sign) g s the per Itt •e must be the owner • eg.1 representative oft e property served by the permitted
access and have author o : cept the permit and : I It's terms and _onditi
Permlttee (
This permit is not valid until signed by a duly authorized representative of the Department.
DEPARTM NT OF TRA ORTATION, STATE OF COLORADO
By
Region IV
Date
��
( ate of Issue)
Title Development/Access Coordinator
COPY DISTRIBUTION; Requl* Make copies as necessary tor;
1. District (Original) Local Authority Inspector
2. Applicant MTCE Patrol Traffic Engineer
00024a
us Editions ere Obsolete and viii not bu ,...
CDOT Form eft
It
-O00249
I) COLORAD3 DEPARTMENT OF HIGH S
APPLICATION FOR STATE HIGHWAY ACCESS PERMIT
1
•I
Instructions:
- contact the Department of Highways or your localgovernment 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) & 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
Issuing outflow,
ippllca ionnccepta
-date
c
I) Property owner (Permlltee)
Ivar w. and Donna M. Larson
2) Applicant
CDS Engineering; Richard Thornton
'street45 des city street address, city,
N. County Line Rd., Rte 1, BerthLo0 1714 Topaz Dr., Ste215, Loveland
I
l
islele 8 zip Phone p
32— 153361
3) Address of property to be served by permit (if known)
CO 80513
4) Legal description of property:
County D I subdivision block
iii5) What state highway are you &questing access from?
S H . IVcb
state & zip
CO 80537
P6'67-"8010
lot I sTion
16) What side of the highway?
7) How many feet is the proposed access from the nearest mile post or cross street?
4269 cif
feet ( N S W ) from Mlle Post 2
8) Check here If you are requesting a / it 3-0193,--'
19) What is O new access 13 temporary access tii improvement to existing access hange in access use
the approximate date you intend to begin construction? �J
10) Do you have knowledge of any State Highway access permits serving this property, of for adjacent properties In which you have a property interest.
XX yes O no If "yes" - what are the permit number(s)? unknown and/or, permit date unknown
11) Does the property owner own or have any Interests In any adjacent property?
O yes it no If "yes" - please describe:
township
4 N
rang e
SM13 68 W
ON qS OE OW
12) Are there exist
0
13) If you are .quest
footage of
sled public streets, roads, highways or access easements bordering or within the property?
If '.:s" - list them on your plans and Indicate the proposed and existing access points.
mercial or Industrial access please indicate the types and number of businesses and provide the floor area square
business
"""'" ousiness square fooiag
N/A
I
I
IIyour
ill
Ill
14)
If you are requesting agricultural field access
N/A - how many acres will the access serve?
15)
If you are requesting residential development access, • whet is the type (single family, apartment, townhouse) and number of units?
type number of unitse- type number
Single Family (proposed)
g f/
of unh
I
If
16) Provide the following vehicle count estimates for vehicles that will use the access. Leaving property then returning Is two counts. Indicate
counts are peak hour volume p ❑ or average daily volumes GM
N
of passenger+gers and light truck ,
771U1 ✓✓✓✓✓✓
M
N of multi unit true
negligible
Nof
eglrvg ib
negligible
of single unit vehicles In excess of 30 ft
negligible
N of farm vehicles (field equipment)
negligible
Total Count ofAlt Vehicles
901-
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'x3&')
„` -e) Property map Indicating other access, bordering roads and streets.
't,, Highway and driveway plan and profileXi Proposed access design.
Drainage plan showing m to the highway right-of-way. )2) 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 contral 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 O THE BEST OF THEIR KNOWLEDGE TRUE AND COMPLETE.
Applicant sign a
Date
If the applicant is
their legally authorized
agreem t with this
property own r
not the owner of the property, we require this application also to be signed by
representative (or other acceptable written evidence). This signature
pplication by' all owners -of -interest unless stated in writing. If a permit
ill listed as the permittee. /j
the prope y owner
shall constitute
7OG l.'s
or
_
ProPeriy own signs u e
_of
J /
I
Date
1v1-1'7. 9�
i ^
Previous .ditlons may b• u..d until supplies .rr.xh.u.t.d
CD0H Form at
1. Driveway shall be constructed 24 feet wide with 25 foot radii, as per
Ixhibit "C".
2. Surfacing -shall consist of 4 inches ABC Class 6 (as per Exhibit "C") and
shall from
(Specificationsforhsurfaciht of way line.
ng materials are attachede highay travelled way to the .)
3. The access shall tie constructed and maintained in a manner that shall not
cause water to enter onto the roadway,
adshall
noteinterfere
gwith
th tthe
drainage system in the right-of-way. Drainage
ight-
9f-way shall not exceed the historical rate of flow.
A. -The first 20 feet beyond the closest highway lane, including speed change
lanes, shall slope down and way from the highway at a 2% grade to ensure
proper drainage control of the access.
5. The horizontal a -xis of the access shall be at a right angle to the center-
line of the highway and extend a minimum of 40 feet beyond the outside edge
of the nearest lane.
6. An access that has a gate across it shall be designed so that the longest
vehicle using it can completely clear the travelled way when the gate is
closed.
7. The side slopes of the access approach shall be 6:1 or flatter.
B. An adequate length of new 18 -inch corrugated steel pipe shall be provided.
9. If frost is present in the sub -grade, mo surfacing material shall be placed
until all frost is gone or removed.
10. Permittee is responsible for any utilities disrupted by the construction
of this access and all expenses incurred for their repair.
11. Survey markers present must be preserved in their original positions.
Notify 350-2173 immediately upon discovery of any such markers at the site.
12. Access approaches which require a break in the right-of-way fence shall
not allow livestock to enter the highway right-of-way.
13. Cattle guard shall not be permitted in the State of Highway right-of-way.
14. A COMPLETE COPY OF THIS PERMIT -MUST BE ON THE JOB WITH THE CONTRACTOR AT
ALL TIMES DURING CONSTRUCTION. If necessary, minor changes and additions
may be ordered by the Department or local authority field inspector to
meet unanticipated site conditions.
090_11 6
Hello