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Home My WebLink About20194759.tiffRESOLUTION RE: GRANT APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS PERMIT FOR RECORDED EXEMPTION, RECX18-0152 - WOODLAND HOME COMPANY, CIO RYAN WOODLAND 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 Sections 2-4-10 and 12-5-100 of the Weld County Code, the Board of County Commissioners considered the appeal of the decision by the Department of Public Works to deny an Access Permit for Recorded Exemption, RECX18-0152, submitted by the appellant, Woodland Home Company, c/o Ryan Woodland, and WHEREAS, the Board heard testimony and took evidence from the Department of Public Works staff and the appellant, and WHEREAS, upon consideration of such appeal, including a review of all information submitted by the appellant and the Department of Public Works, the Board deems it advisable to grant the appeal of Woodland Home Company, c/o Ryan Woodland, reverse the decision of the Department of Public Works, and remand the issue back to staff with instruction to issue an Access Permit at the location designated on the Recorded Exemption plat, approximately 1,700 feet east of County Road 37. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Woodland Home Company, c/o Ryan Woodland, be, and hereby is, granted, and the decision of the Department of Public Works to deny an Access Permit is reversed and remanded back to staff with instruction to issue the Access Permit at the location designated on the Recorded Exemption plat, approximately 1,700 feet east of County Road 37. cc : Pw COC I £R I c roe O.13 PL. Va3/ict 2019-4759 EG0076 GRANT APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS PERMIT FOR RECORDED EXEMPTION, RECX18-0152 - WOODLAND HOME COMPANY, C/O RYAN WOODLAND PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D., 2019. BOARD OF COUNTY COMMISSIONERS t,1 WELD COUNTY, COLORADO ATTEST: d„,,,L) G .to•� EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro -Tern BY: 1V ' eputy Clerk to the Board APP' • '' D AS County Attorney Date of signature: EXCUSED Sea P. Conway tt K. James Steve Moreno 2019-4759 EG0076 MEMORANDUM TO: Board of County Commissioners DATE: November 13, 2019 FROM: Dawn Anderson, Public Works SUBJECT: Appeal of Access Permit Denial for Ryan Woodland Weld County Public Works received an access permit application from Ryan Woodland in May 2019. The permit application was in connection with a four -lot recorded exemption, RECX18-0152. The access application requested a shared residential access for lots A, B, C, & D through a 30 -foot access and utility easement onto WCR 66 (AA Street). During the recorded exemption process, a proposed site plan was uploaded to Accela on November 2, 2018 for review. That site plan showed a proposed access point approximately 1,700 feet east of WCR 37. Public Works had a phone conversation with the authorized agent (Mr. Tomm Owens) and requested that the access be moved to a location approximately 1,330 feet east of WCR 37. Mr. Tomm Owens agreed to the suggested location from staff and resubmitted a revised site plan by email on December 7, 2018. At a date after this agreement Mr. Owens contacted Mike McRoberts by phone and asked to go back to the original requested access point location as they preferred that lot layout. Since the request aligned directly across from an existing access point this request was accepted. (See Exhibit A) This point was documented as a preliminary approved access on the plat, recorded on April 19, 2019 (Exhibit B). When Public Works staff received the access application, which included all submittal requirements including pictures, it was flagged for a potential sight distance safety issue. Staff performed an inspection on August 16, 2019. During that site visit it was verified the access point did not meet sitght distance criteria and was a safety issue. Staff reached out by email to Mr. Woodland on August 19, 2019 to inform him of our findings and asked that he work with us to re -locate the access to a safer location that would meet the code site criteria. Mr. Woodland responded the same date with concerns and a statement that he had already scheduled dirtwork (Exhibit C). Mr. Woodland sent an email to staff on August 26, 2019 stating the access location is not where they wanted it to be and they had complied with staffs requests; however, this was after we had requested that Mr. Woodland work with us to relocate the access. Mr. Woodland also stated in this email that they were building the access (Exhibit D). This construction was performed without an approved access permit. Since the end of August, communication was happening between Weld County Assistant Attorney Karin McDougal and Mr. Woodland's attorney Mr. Patrick Groom. Communications were to try and come to a solution that could both be safe and work for Mr. Woodland. Mr. Woodland hired a traffic engineer who submitted calculations showing site safety, however that information was determined to be calculations for road design and not access/intersection site distance criteria. This information was also based off of a posted speed of 35 MPH. Public Works staff provided a response to this submittal through Assistant Attorney Karin McDougal who passed it on to the applicant (Exhibit E). Weld County's safety analysis used a speed of 55 MPH, in addition, we also evaluated speeds of 35 and 45 MPH and the same safety concerns remained. Currently, there is not a speed limit sign posted eastbound but there is one 35 MPH stop sign posted west bound. Due to this discrepancy, staff researched and found that the Board of County Commissioners approved a Resolution on July 30, 1969, with the speed limits shown on Exhibit F. This exhibit shows the speed limit at the locations in question are approved and should be 50 MPH. Furthermore, traffic counts in this stretch have been taken every three years. The average 85th percentile speed over the last twelve years is 54 MPH and therefore, staff believes that using 55 MPH for the safety analysis is reasonable and neccesary. Utimately, we were unable to come to an agreed upon compromise and Mr. Patrick Groom notified the County through the attorney's office that Mr. Woodland was requesting that Public Works deny the application so that he could appeal to the Board of County Commissioners. 2019-4759 nit ac,OO7Co WCR 66 (AA Street) is a paved collector road as identified on the County's functional classification map The ADT is 1,042 with 19% of the vehicles per day being trucks and an 85th percentile speed of 54 MPH Although the requested access point was preliminarily approved during the recorded exemption process, the permitting safety review process worked as we were able to identify safety concerns with the submitted permit application and alert the applicant quickly thereafter Based on this, Public Works recommends denial and requests due to sight distance safety concerns the access be located at a point of 1,330 feet east of WCR 37 I'm available to answer any questions you may have Exhibit A .,. , .. ... ,,,• _ ,ti�J -. a:a 4--,- 1 "• net ^kf.J}llfxj rate .y ti yMK-e Only Data layers the appear On ttwi 'flap 'nay or may net be Arc.,....• tvrent of Jt$ccwse'Cite THIS MAP IS NOT TO SE USED FOR NAVIGATION MEMORANDUM TO: Maxwell Nader, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: November 30, 2018 SUBJECT: RECX18-0152 Orr Original Referral Uploaded to Accela. The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 080319300012 The project proposes to: FOUR LOT RECORDED EXEMPTION ACCESS: Weld County Public Works has reviewed the application materials related to access. The property currently has one (1) existing agricultural access on County Road 37 located approximately 60 feet north of AA Street. The property also has one (1) existing agriculture access on AA Street located approximately 715 feet east of County Road 37 and two (2) oil and gas accesses located approximately 930 feet and 1,025 feet east of County Road 37. The applicant is proposing to create Lots Al B, and C with each measuring approximately 5 acres. The remainder of the parcel, Lot D, will measure approximately 120 acres. For access, the applicant is proposing to have one (1) shared access on AA Street to accommodate Lots A, B, C and the portion of Lot D lying to the east of the irrigation ditch. West of the irrigation ditch, Lot D will continue using the existing access on County Road 37 mentioned above. No new access is proposed for the west portion of Lot D. After a phone conversation discussing possible access locations, the applicant's authorized agent has agreed to locate the shared access on AA Street directly across the road from an existing battery tank access road (approximately 1,330 feet east of County Road 37). Per Chapter 12, ' cle 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roads s. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to -nsure the approved accesses are compatible with your layout. Per Chapter 12, Article V, Section 12-5-30. , when feasible, there shall be no net increase in the number of accesses to a public road. Minimum acces3 s acir ‘Alit++ham pro h W ►, in VkLoir1 county Code Appendix Table 12A-2. For shared accesses (Weld CounPhone conversation with 'arks strongly recommends the property owner establish an access road Tomm Owens of Orrland. 3 owner of the properties will be aware of their requirements for shared I. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Please refer to Chapter 12 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: AA Street (County Road 66) is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the Fri 1L,7/201311:43AM MM Mike McRoberts RE: AA st T_► 'Tomm Owens' Cc Dawn Anderson; Hayley Balzano; Evan Pinkham Retention Policy DPT - No Deletion iNeveri Toren, That looks great. Thanks for making the access adjustment aid =cr providing a sharec access. Have a great weekend. SincereIli,. Mike McRoberts, P. E. Development Review ElgTieLr Weld County Public 'WiW: or<s 1111 H Street, P.C. Box 753 Greeley, Co 80632 (970)400-3798 -Original rv1 ess a ge From: Tor en Die:e ; rai oreland.com> Sent: Friday, December 7, 2018 11:12 AM To: Mike rvicRoberts <m rcro tie its ;lwe Idgov. com> Subject: F V: AA st Caution: This email originated from outside of Weld County Government. Do not c ick. links or open attachm Revised access_ Tomrr 970-381-9909C Tomm sent revised site with access located across from tank battery road per phone call referenced in original referral. -Original Nfles3aEe From: OrrLanc1REAorrland_corn <OrrLandRE Worrland.com> Sent: Friday, December 7, 2018 9:02 AM To: Tomm Owens <tommo(worrianc.com>; Trevor Thiel c ire vor fa4orrland.com> Subject: This E-mail was sent: from "RNPC17072" (Aficio MP C2500). 77 WELD COUNTY air% OC t a N F MArPI NC 1,418.8 Access relocated across from tank battery road per phone conversation referenced in referral. WGS_1984 Web_Mercator_Auxiliary_Sphere CO Weld County Colorado 70C .•A 0 1,418.8 Feet t3 1 Revised Site Plan received from Tomm Owens on 12-7-18. 1: 8,513It) This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION !Mr:Ce 9rir•. if! •SuIdre Legend Parcels Address Label Highway L; County Boundary Notes MEMORANDUM TO: Maxwell Nader, Planning Services FROM: Mike McRoberts, P.E., Public Works DATE: November 30, 2018 SUBJECT: RECX18-0152 Orr The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 080319300012 The project proposes to: FOUR LOT RECORDED EXEMPTION ACCESS: Weld County Public Works has reviewed the application materials related to access. The property currently has one (1) existing agricultural access on County Road 37 located approximately 60 feet north of AA Street. The property also has one (1) existing agriculture access on AA Street located approximately 715 feet east of County Road 37 and two (2) oil and gas accesses located approximately 930 feet and 1,025 feet east of County Road 37. The applicant is proposing to create Lots A, B, and C with each measuring approximately 5 acres. The remainder of the parcel, Lot D, will measure approximately 120 acres. For access, the applicant is proposing to have one (1) shared access on AA Street to accommodate Lots A, B, C and the portion of Lot D lying to the east of the irrigation ditch. West of the irrigation ditch, Lot D will continue using the existing access on County Road 37 mentioned above. No new access is proposed for the west portion of Lot D. After a phone conversation discussing possible access locations, the applicant's authorized agent has agreed to locate the shared access on AA Street directly across the road from an existing battery tank access road (approximately 1,330 feet east of County Road 37). (Tomm Owens called to explain this access point wiii not avow for the proper lot size and requested to locate the access across from the southernmost ar'ceels i► let north of the tank battery road. I agreeH tc Tomm's request.) Per Chapter 12, Article 5, Section 12-5-30, an Acces rmit is required for access to Weld County maintained roadways. We strongly encourage you to di our access with Public Works prior to laying out your site plan to ensure the approved accesses are co patible with your layout. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no n increase in the number of accesses to a public road. Mir accesses establish requirem exemptic of theWI • raj • • III tag 1 a A I• Pit mar shared ty owner 42 of their recorded apter 12 Conversation occurred after 12-7-18. Instructed Tomm to locate access directly across from the westernmost existing access (on the south side of AA Street) east of the tank battery road. Added this note to referral on U:/ drive to document my agreement to move access per Tomm's request. ROADS mnu rcivn i-tir-vv# T : i AA Street (County Road 66) is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the t 3o. Nis �co%4 WOW y1. 0 nnSS;; 8 z `z 5 I � e4e444824$4 Rene I et I wrote eCi 1 w ~w 13.66 tY. CO ■IM M'I atittOR1t Clara Iii1t ■11 2003 16N R66W R65W 1/4 524 + 519 fi a PEPEK .1 N 89'36'25' E. 604 TI+DI 5'AC Ls 2621!3 13 CURVE TABLE CURVES ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH CI 295.50 500.00 33'51'41" NOII6'OCE 291.21 C2 216.17 500.00 25'00'00' 502'07'24"W 216.44 WEST ONE -QUARTER CORNER SECTION 19, TOWNSHIP 6 NORTH, RANGE 657 WEST OF THE 6TH P. M. FOUND A 3 1/4' ALUM. CAP ON A /6 REBAR IN A MONUMENT BOX STAMPED AS SHOWN 10.00' 10 -FOOT FUTURE RIGHT OF WAY 00' I I 60.00' FW a CA► FLS 24307 6,.50: , GAS WELL / / LOT D RECX18-0152 121.44 ACRES GROSS 118.88 ACRES NET EXISTING ROAD AVERAGE WIDTH 24 FEET 10 -FOOT FUTURE RIGHT OF WAY c-�� GAS WELL / N / SOUTHWEST SECTION CORNER SECTION 19, TOWNSHIP 6 NORTH. RANGE 657 WEST Of THE 6Th P.M. FOUND A 2 I/2' ILLEGIBLE ALUM CAP ON A /6 REBAR IN A MONUMENT BOX N 89'35'49' E, 1654.64' N 89'35'49' E. 2664.64'(F) S 69"39'16' E. 2064.69'(R) 20 -FOOT FUTUR( RIGHT OF WAY FIB S 4 N 89'3r56' E. 2651.80'(F) N 89'3x54' E, 2651.54'(R) / N 69'37'46 E. 1417. LINE TABLE LINE S BEARING DISTANCE LI(F) S13'S2'08'E 64.93 12(R) 513'07'03'E 64.93 13(F) S1O3O'42'E 184.61 L4(R) SID'D5'37'E 164.61 L3(F) SOTSI'36'w 93.57 16(R) SO6'36'41'W 93.57 17(F) S0901.13'E 73.45 L8(R) 50816'O8'E 73.45 19(F) 514'37'401 94.83 L10(R) 513'52'33*E 94.83 111(F) 5n,6'471 119.55 112(R) 510'31'42"E 119.53 113(F) SOS'50'01'E 183.61 1.14(R) 506'04'58"E 183.81 115(F) 530'03'29'E 213.25 116(R) 52918'24'E 213.25 Li 7(F) 507'46'36'E 107.88 L18(R) S07'OS31'E 107.88 L19(F) 51312'32'w 151 24 120(R) S13'ST3?W 151 24 L21(F) 508'02'35"W 144.31 L22(R) S0t47'40'w 144.31 L23(F) S11'33'06"E 233.96 L24(R) 510.48'o1'E 233.98 1.25(F) S01'0423'E 90.83 126(R) Soo -23'18t 90.83 127(F) S15'05'54'W 76.02 128(R) S15'SO'S9'W 76.02 129(F) S1535' 26'w 217 33 130(R) 51610'31'w 217.33 L3I(F) 533'50'37"E 49.61 L32(R) 533'05'32"E 49.43 L33 51312'3Yw 10.62 134 NO/O2'3S'E 125.03 L35 NO6ro2'35E 19.28 L36 601'00'23"E 24.06 137 SOITDB'23'E 66.77 L38 NOO24'1 t'W 50.00 139 N10'22'36 -W 50.00 140 N14'37'24'E 45.68 30 -FOOT ACCESS UTILITY EASEMENT LTTIUTIES)FOR THE LOT A, B, C AND RECX16-0152 N N WTANK OAS \ \ BATTERY rTOR 2J ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL. ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 140 & UNDERGROUND (NO OVERHEAD BENEFIT OF 0 OF ExISTING ROAD AVERAGE WIDTH 24 FEET 0 1.39 8 EXISTING AG.. OIL a GAS ACCESS 8 1S -FOOT IRRIGATION EASEMENT FOR THE BENEFIT OF LOT D OF RECX18-0152 CLIENT: ORR LAND COMPANY RECORDED EXEMPTION NO. 0803-19-3 RECX18-0152 LOT D OF RE -4179 BEING PART OF THE SW 1/4 OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 65 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO i5 -FOOT DITCH EASEMENT FOR CARPENTER LATERAL RECEPTION NO. 3396847 7 I\ N GAS WELL / WITNESS CORNER TO CENTER ONE -QUARTER CORNER SECTION 19. TOWNSHIP 6 NORTH. RANGE 657 WEST Of THE 6TH P.M. FOUND A 3 1/4 ALUM. CAP ON A #6 REBAR STAMPED AS SHOWN 3042 r R L5(F) R) 17(F) LS(R) 19(F) 110(R) VILA r ,•I \ N LEGEND FOUND OR SET SECTION CORNER AS NOTED CQd - FOUND OR SET ONE -QUARTER CORNER NOTED. • O (F) (R) n• J L33 S 59'35'49' W 740.07' LOT A RECX18-0162 4.38 ACRES GROSS 4.38 ACRES NET 89'3549' W. 710.00' N 1072'36' W. 276.87' 134 LOT B RECX18-0152 4.42 ACRES GROSS 4.42 ACRES NET L36 LII S 89'3$'49' W. 704.77' LOT C RECXI8-0152 5.87 ACRES GROSS 5.57 ACRES NET N 89'35'49' E.6652.76' 137 117(F) LI5(R) r 121(F) 122(R) 00' a FOUND MONUMENT AS NOTED. a a SET 18" #4 REBAR WITH YELLOW PLASTIC CAP HAMMER PLS 24307 CORNER EITHER FALLS IN FARM FIELD OR IRRIGATION DITCH NOTHING FOUND OR SET. FOUND BEARING AND DISTANCE RECORD BEARING AND DISTANCE PROPERTY UNE ROAD RIGHT OF WAY RECORDED EASEMENTS EXISTING ROAD 200 GRAPHIC SCALE 0 100 200 Exhibit B 1 FGN DESCRIPTION; LOT D OF RE -4179 BEING A PART OF THE SW 1/4 OF SECTION 19. TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6TH P M . COUNTY OF WELD, STATE OF COLORADO. BASIS OF BEARING: ASSUMING THE WEST LINE OF THE 5W 1/4 OF SECTION 19, TOWNSHIP 6 NORTH, RANGE 65 WEST AS BEARING NORTH OP IO'32" WEST, BETWEEN THE FOUND MONUMENTS AS SHOWN ON THIS SURVEY. AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. CONTAINING A CALCULATED AREA OF ACRES MORE OR LESS. PROPERTY OWNER'S CERTIFICATF I, THE UNDERSIGNED. BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY. DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP I UNDERSTAND THIS PROPERTY IS LOCATED IN THE A (AGRICULTURAL) ZONE DISTRICT AND IS ALSO INTENDED TO PROVIDE AREAS FOR THE CONDUCT OF OTHER USES BY RIGHT. ACCESSORY USES AND USES BY SPECIAL REVIEW, MTh STATE OF COLORADO ) ) SS COUNTY OF WELD THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS_U-DAY OF_ MY COMMISSION EXPIRES .2011 AS Figs -MINT CFRTFICATE I, THE UNDERSIGNED, DO HEREBY DEDICATE. FOR THE BENEFIT OF THE PROPERTIES SHOWN OR DESCRIBED HEREON, EAS ENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREON. ED ORR 400 WM III 81 MI IN ( IN FEET ) 1 :nch a 200 It 30 -FOOT UTILITY EASEMENT FOR THE BENEFIT OF LOT A• B. AND C OF RECX18-0152 125(F) 126(R) 27(F) 5(R) L29(F) 30(R) 31(F) 32(R) AA STREET (COUNTY ROAD 68) RE5. 1 40 -FOOT EXISTING RIGHT-OF-WAY CLERK PROPOSED 1 AND RECORDERS BOOK 48 PAGE 273 ACCESS RECEPTION NO. 21292 N 89'35'49' E. 327.24' SOUTH ONE -QUARTER CORNER SECTION 19. TOWNSHIP 6 NORTH, RANGE 657 WEST Of THE 6Th P.M. FOUND A 2 I/2' ALUM. CAP ON A #6 REBAR IN A MONUMENT BOX STAMPED AS SHOWN THIS of PLANNING SERVICES-AIMINIStRATIVE RF\1r1. AND APPROVED BY THE DEPARTMENT OF PLANNING SERVICES FOR FILING DIRECTOR. DE AR ENT OF PLANNING SEW/ICES STATE or CO • ) ) 55. COUNTY OF WELD THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED ��BEFORE MY COMMISSION EXPIRES_��,,Laj.[ WITNESS MY HAND AND SEAL aIR1f YAK'S CERTFICATF ME THISL4 AY OF KRISTIN' ! AN` --I SA IATOT.'.: V F - nom uIADO NOTARY 10 2u1 ..;34827 MY COMMISSION EXPIiIES JUNE 5. 2020 1, GARY K. HAMMER A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED BY THIS PLAT WAS MADE UNDER MY PERSONAL SUPERVISION. AND THAT TARS PLAT IS AN ACCURATE REPRESENTATION THEREOF I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPUES WILL ALL APPLICABLE RULES, REGULATIONS, AND LAWS OF THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL P -AH ,•.• , AND WELD COUNTY GARY yl6-14 24307 DATE COLORADO REGISTRATION / E WRY age NAT NAT A TAT 8 AA 8T. 10? C VICINITY MAP 1" = 2000' HAMMER LAND SURVEYING, INC. 3050 67TH AVENUE, SUITE 200 GREELEY, CO 80634 PH: 970-535--9318 GENERAL NO S 1) ALL PROPOSED OR EXISTRIC STRUCTURES WILL OR 00 MEET THE MINIMUM SETBACK AND OFFSET REQUIREMENTS FOR THE ZONE DISTRICT IN WHICH THE PROPERTY IS LOCATED. PURSUANT TO THE DEFINITION OF SETBACK N THE WELD COUNTY CODE, THE REQUIRED SETBACK IS MEASURED FROM THE FUTURE RIGHT-OF-WAY LINE. MAO BUILDING OF STRUCTURE AS DEFINED AND LIMITED TO THOSE OCCUPANCIES LISTED AS GROUPS A. B. E. F. H. I. M AND R IN SECTION 302.1 OF THE 2012 INTERNATIONAL BUILDING CODE. SHALL BE CONSTRUCTED WITHIN A 200 -FOOT RADIUS OF ANY TANK BATTERY OR WITHIN A 150 -FOOT RADIUS OF ANY WELLHEAD OR WITHIN A 25 -FOOT RADIUS OF ANY PLUGGED OR ABANDONED OIL AND GAS WELL. ANY CONSTRUCTION WITHIN A 200 -FOOT RADIUS OF ANY TANK BATTERY OR 150 -FOOT RADIUS OF ANY WELLHEAD SHALL REQUIRE A VARIANCE FROM THE TERMS OF THIS CHAPTER IN ACCORDANCE WITH SUBSECTION 23-6-10.C OF THIS CODE. 2) ANY FUTURE STRUCTURES OR USES ON SITE MUST OBTAIN THE APPROPRIATE ZONING AND BUILDING PERMITS. 3) LSD CLOT 8 OUNTY AND 0DELOT C ARE NOT ELIGIBLE FOR A FUTURE LAND EXEMPTION IN ACCORDANCE WITH SECTION 24-8-20.C.3 OF THE 4) THE LARGEST LOT OF ANY RECORDED EXEMPTION MAY NOT BE LESS THAN THIRTY -ENE (35) ACRES NET UNLESS APPROVED BY THE WELD COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH SECTION 24-8-40.P. Of THE WELD COUNTY CODE 5) THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR CONTROLLING NOXIOUS WEEDS ON THE SITE. PURSUANT TO CHAPTER 15, ARTICLE I AND N. OF THE WELD COUNTY CODE 6) WELD COUNTY WILL NOT REPLACE OVERLAPPING EASEMENTS LOCATED WITHIN EXISTING RIGHT-OF-WAY OR PAY TO RELOCATE EXISTING UTILITIES WITH THE EXISTING COUNTY RIGHT-OF-WAY. 7) ACCESSES ON THE SITE SHALL BE MAINTAINED TO MITIGATE ANY IMPACTS TO THE PUBLIC ROAD INCLUDING DAMAGES AND/OR OFFSITE TRACKING. 8) PRIOR TO THE RELEASE �n�OF BUILDING PERMITS, THE APPLICANT SHALL BE REQUIRED TO SUBMIT A COMPLETE ACCESS APPLICATION FOR A PREUMNARILY APPROVED" ACCESS LOCATION AS SHOWN ON THIS PLAT. 9) ANY WORK THAT MAY OCCUPY AND/OR ENCROACH UPON ANY COUNTY RIGHTS -OF -WAY OR EASEMENT SHALL ACQUIRE AN APPROVED RIGHT-OF-WAY USE PERMIT PRIOR TO COMMENCEMENT ID) HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS WILL BE MAINTAINED ON THE SITE II) ALL ACCESS AND UTILITY EASEMENTS ARE DEDICATED FOR THE BENEFIT OF ALL OWNERS or LOTS DEDICATED ON THIS PLAT. INCLUDING OWNERS OF FUTURE LOTS CREATED THEREFROM, REGARDLESS OF LOT CONFIGURATION OR NUMBER OF USERS, AND WITHOUT LIMITATION OF THE USE OR INTENSITY OF THE USE OF SUCH EASEMENTS. NO LOT OWNER MAY INSTALL A GATE OR OTHERWISE IMPEDE THE USE OF SUCH EASEMENTS WITHOUT THE APPROVAL OF ALL PERSONS WITH RIGHTS OF USE OF SUCH EASEMENTS. 12) PRIOR TO THE RELEASE OF BUILDING PERMITS, THE APPLICANT SHALL SUBMIT A RECORDED DEED DESCRIBING THE LOT UPON WHICH THE BUILDING PERMIT IS REQUESTED WITH THE BUILDING PERMIT APPLICATIONS. THE LEGAL DESCRIPTION ON SUCH DEED SHALL INCLUDE THE LOT DESIGNATION AND THE RECORDED EXEMPTION NUMBER. I3) PRIOR TO THE RELEASE OF BUILDING PERMITS, THE APPLICANT SHALL SUBMIT EVIDENCE TO THE DEPARTMENT OF PLANNING SERVICES THAT LOT A, B. C AND D HAVE AN ADEQUATE WATER SUPPLY Of SUFFICIENT QUALITY. QUANTITY AND DEPENDABILITY 14) BUILDING PERMITS SHALL BE OBTAINED PRIOR TO THE CONSTRUCTION OF ANY BUILDING BUILDINGS THAT MEET THE DEFINITION Of AN AGRICULTURAL EXEMPT BUILDING, PER THE REQUIREMENTS OF SECTION 29-I-20 AND SECTION 29-3-20.0.13 OF THE WELD COUNTY CODE DO NOT NEED BUILDING PERMITS. HOWEVER, A CERTIFICATE OF COMPLIANCE MUST BE FILED WITH THE DEPARTMENT OF PLANNING SERVICES AND AN ELECTRICAL AND/OR PLUMBING PERMIT IS REQUIRED FOR ANY ELECTRICAL SERVICE TO THE BUILDING OR WATER FOR WATERING OR WASHING OF LIVESTOCK OR POULTRY. 15) BUILDING PERMITS ISSUED ON THE PROPOSED LOTS WILL BE REOUIRED TO ADHERE TO THE FEE STRUCTURE OF THE COUNTY -WIDE ROAD IMPACT FEE PROGRAM 16) BUILDING PERMITS ISSUED ON THE PROPOSED LOTS WILL BE REQUIRED TO ADHERE TO THE FEE STRUCTURE CF THE COUNTY FACILITY FEE A1O DRAINAGE IMPACT FEE PROGRAMS. I 7) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT, WELD COUNTY HAS SOME OF THE MOST ABUNDANT MINERAL RESOURCES. INCLUDING BUT NOT LIMITED TO. SAND AND GRAVEL, OIL, NATURAL GAS AND COAL UNDER TITLE 34 OF THE COLORADO REVISED STATUTES. MINERALS ARE VITAL RESOURCES BECAUSE (0) THE STATE'S COMMERCIAL MINERAL DEPOSITS ARE ESSENTIAL TO THE STATE'S ECONOMY. (b) THE POPULOUS COUNTIES OF THE STATE FACE A CRITICAL SHORTAGE OF SUCH DEPOSITS; AND (c) SUCH DEPOSITS SHOULD BE EXTRACTED ACCORDING TO A RATIONAL PLAN. CALCULATED TO AVOID WASTE OF SUCH DEPOSITS AND CAUSE THE LEAST PRACTICABLE DISRUPTION OF THE ECOLOGY AND QUALITY OF LIFE OF THE CITIZENS OF THE POPULOUS COUNTIES OF THE STATE. MINERAL. RESOURCE LOCATIONS ARE WIDESPREAD THROUGHOUT THE COUNTY AND PERSONS MOVING INTO THESE AREAS MUST RECOGNIZE THE VARIOUS IMPACTS ASSOCIATED WITH THIS DEVELOPMENT OFTEN TIMES, MINERAL RESOURCE SITES ARE FITTED TO THEIR GEOGRAPHICAL AND GEOPHYSICAL LOCATIONS. MOREOVER. THESE RESOURCES ME PROTECTED PROPERTY RIGHTS AND MINERAL OWNERS SHOULD BE AFFORDED THE OPPORTUNITY TO EXTRACT TIE MINERAL RESOURCE. 18) WELD COUNTY'S RIGHT TO FARM STATEMENT: WELD COUNTY is ONE Of THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN THE UNITED STATES. TYPICALLY RANKING IN THE TOP TEN COUNTIES IN THE COUNTRY IN TOTAL MARKET VALUE O AGRICULTURAL PRODUCTS SOLD. THE RURAL AREAS OF WELD COUNTY MAY BE OPEN AND SPACIOUS, BUT THEY ARE INTENSIVELY USED FOR AGRICULTURE. PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT THERE ARE DRAWBACKS.INCLUDNG CONFLICTS WIN LONG—STANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL OF SERVICES THAN IN TOWN. ALONG WITH THE DRAWBACKS COME THE INCENTIVES. W1901 ATTRACT URBAN DWELLERS TO RELOCATE TO RURAL AREAS: OPEN NEWS, SPACIOUSNESS. WLDUFE. LACK OF CITY NOSE AND CONGESTION. AND THE RURAL ATMOSPHERE AND WAY OF LIFE. WITHOUT NEIGHBORING FARMS, THOSE FEATURES, WHICH ATTRACT URBAN DWELLERS TO RURAL WELD COUNTY. WOULD QUICKLY BE GONE FOREVER. AGRICULTURAL USERS OF LAND SHOULD NOT BE EXPECTED TO CHANGE THEIR LONG—ESTABLISHED AGRICULTURAL PRACTICES TO ACCOMMODATE THE INTRUSIONS OF URBAN USERS INTO A RURAL AREA., WELL RUN AGRICULTURAL ACTIVITIES WILL GENERATE OFF -SITE IMPACTS. INCLUDING NOISE FROM TRACTORS AND EOUIPMEN T. SLOW -MOVING FARM VEHICLES ON RURAL ROADS; DUST FROM ANIMAL PENS. FIELD WORK, HARVEST. AND GRAVEL ROADS; ODOR FROM ANIMAL CONFINEMENT. SLADE. AND MANURE; SMOKE FROM DITCH BURNING. FUSS AND MOSQUITOES, HUNTING AND TRAPPING ACTIVITIES; SHOOTING SPORTS. LEGAL HAZING OF NUISANCE WILDLIFE, AND THE USE OF PESTICIDES AND FERTAJZERS IN THE FIELDS. INCLUDING THE USE OF AERIAL SPRAYING. IT IS COMMON PRACTICE FOR AGRICULTURAL PRODUCERS TO UTILIZE AN ACCUMULATION OF AGRICULTURAL MACHINERY MC SUPPLIES TO ASSIST IN THEIR AGRICULTURAL OPERATIONS. A CONCENTRATION OF MISCELLANEOUS AGRICULTURAL MATERIALS OFTEN PRODUCES A VISUAL DISPARITY BETWEEN RURAL AND URBAN AREAS OF THE COUNTY. SECTION 35-3.5-102 C.R.S. PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE FOUND TO BE A PUBLIC OR PRIVATE NUISANCE IF THE AGRICULTURAL OPERATION ALLEGED TO BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COMMONLY OR REASONABLY ASSOCIATED WITH AGRICULTURAL PRODUCTION. WATER HAS BEEN. AND CONTINUES TO BE, THE LIFELINE FOR THE AGRICULTURAL COMMUNITY. IT IS UNREALISTIC TO ASSUME THAT DITCHES ANO RESERVOIRS MAY SIMPLY BE MOVED "OUT CF THE WAY OF RESIDENTIAL DEVELOPMENT. WHEN MOVING TO THE COUNTY. PROPERTY OWNERS AND RESIDENTS MUST REALIZE THEY CANNOT TAKE WATER FROM IRRIGATION DITCHES. LAKES. OR OTHER STRUCTURES, UNLESS THEY HAVE AN ADJUDICATED RIGHT TO THE WATER. WELD COUNTY COVERS LAND AREA OF APPROXIMATELY FOUR THOUSAND (4,000) SQUARE MILES IN SIZE (TWICE THE STATE OF DELAWARE) WITH MORE THAN 3,700 MILES or STATE AND COUNTY ROADS OUTSIDE OF MUNIOPAUTIES. THE SHEER MAGNITUDE OF THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES. LAW ENFORCEMENT IS BASED ON RESPONSES TO COMPLAINTS MORE THAN ON PATROLS OF THE COUNTY AND THE DISTANCES WHICH MUST BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES. INCLUDING LAW ENFORCEMENT. AMBULANCE. AND FIRE. FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND TO EMERGENCIES. COUNTY GRAVEL ROADS. NO MATTER HOW OFTEN THEY ARE BLADED, RILL NOT PROVIDE THE SAME KIND OF SURFACE EXPECTED FROM A PAVED ROAD SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDIVISIONS TO ARTERIALS MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM. SERVICES IN RURAL AREAS. IN MANY CASES. WILL NOT BE EQUIVALENT TO MUNICIPAL SERVICES. RURAL DWELLERS MUST. BY NECESSITY BE MORE SELF-SUFFICIENT THAN URBAN DWELLERS. PEOPLE ARE EXPOSED TO DIFFERENT HAZARDS IN THE COUNTY THAN IN AN URBAN OR SUBURBAN SETTING, FARM EQUIPMENT AND OIL FIELD EQUIPMENT, PONDS AND IRRIGATION DITCHES. ELECTRICAL POWER FOR PUMPS AND CENTER PIVOT OPERATIONS. HIGH SPEED TRAFFIC. SAND BURS. PUNCTURE VINES. TERRITORIAL FARM DOGS. AND LIVESTOCK, AND OPEN BURNING PRESENT REAL THREATS CONTROLLING CHILDREN'S ACTIVITIES IS IMPORTANT, NOt ONLY FOR THEIR SAFETY. BUT ALSO FOR THE PROTECTION OF THE FARMER'S LIVELIHOOD. S MICCA •c�TES 1. BASIS OF BEARING ASSUMING THE WEST UNE OF THE SW 1/4 OF SECTION 19. TOWNSHIP 6 NORTH, RANGE 65 WEST AS BEARING NORTH 00'10'32' WEST BETWEEN THE FOUND MONUMENTS AS SHOWN ON THIS SURVEY. AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. 2. ALL DISTANCE MEASUREMENTS SHOWN ARE IN U.S. SURVEY FOOT 3. FOR EASEMENTS AND RIGHTS OF WAY HAMMER LAND SURVEYING REUED ON WELD COUNTY ICR15 WEBSITE RECORDED EXEMPTION SECTION 19, TOWNSHIP 6 NORTH, RANGE 65 WEST, 6TH P.M. SECTION 19, TOWNSHIP 6 NORTH RANGE 65 WEST, 6TH P.M. JOB#18025 DATE: 2/14/19 RECX18-0152 From: Ryan Woodland To: Tiffnee Lamb Subject: Re: RECX18-0152 Access Date: Monday, August 19, 2019 6:49:15 PM Exhibit C r bin: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ouch, I scheduled the dirt work to begin and it is approved on the recorded exemption. How did we make it this far to find out this information? Where do you propose the new access point to be. Weld County planning was responsible for the existing location. Thanks, Ryan Woodland (970) 800-1299 Woodland home company On Aug 19, 2019, at 2:10 PM, Tiffnee Lamb <tklambgweldgov.com> wrote: Hello Ryan, As you know our staff went out to the access location last Friday and conducted a sight distance test. The proposed access does not meet our safety criteria for acceptable sight distance. We would like to work with you in finding an alternative access point that will work for you as well as meet Weld County Code and safety criteria. Thank you, Tiffnee Tiffnee Lamb Development Review Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)400-3 718 <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ryan Woodland To: Tiffnee Lamb Cc: Mike McRoberts; Dawn Anderson Subject: Re: RECX18-0152 Access Date: Monday, August 26, 2019 8:21:02 PM Attachments: PastedGraphic-1.tiff Exhibit D Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey All, I am just figuring out how to move forward on this project? We have a recorded exemption and approved access location that Weld County recommended for us from the start. We surely did not want the access there but it is where Weld County minds determined so we listened and adjusted accordingly. Since then, we have changed the recorded exemption design in road and lot structure to accommodate. We have now started to build it and tens of thousands of dollars have been spent to build what you have designed and now apparently it doesn't work for you. Let us know what to do moving forward. We are obviously seeking your advice but it seems we are being led down roads with no survivable end. Thanks, Ryan Woodland (970) 800-1299 Ryan u, WoodlandHomeCompany.com WoodlandHomeCompany.com 4) On Aug 19, 2019, at 2:10 PM, Tiffnee Lamb <tklambaweldgov.com> wrote: Hello Ryan, As you know our staff went out to the access location last Friday and conducted a sight distance test. The proposed access does not meet our safety criteria for acceptable sight distance. We would like to work with you in finding an alternative access point that will work for you as well as meet Weld County Code and safety criteria. Thank you, Tiffnee Tiffnee Lamb Development Review Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)400-3718 <i m age001.j pg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: To: Cc: Subject: Date: Attachments: Dawn Anderson Karin McDougal Cameron Parrott (cparrott©weldgov.com); Elizabeth Relford FW: Ryan Woodland Wednesday, October 9, 2019 4:11:51 PM image004.1pq Sight Distance Evaluation 2019 09 29 RECX18-0152 - Weld Comments.pdf image001.jnq RECX18-00152 Orrland Access.pdf Exhibit E Karin, Public Works has reviewed the attached documentation submitted by an engineer on behalf of Mr. Woodland. The calculations used by the engineer are for road design calculations and they are using the wrong object heights. This method is again for roadway design and not following the guidelines for intersection or access design. Specifically they are calling out Section 4.4.1 which is the design of vertical curves instead of 4.5.4 or 6.5.6 which is title "Intersection Sight Distance". The table shown in that section does not follow AASHTO. The distance that they calculated barely reaches the clear zone required and they do not take into consideration that the vehicle at the access is sitting lower than it would be in the roadway and there is vegetation and power poles that block views as well. The equation that the County uses (AASHTO) is as follows: Site Distance = 1.47 * Vmajor * tg Vmajor = Design Speed of major road (MPH) tg = time gap needed for vehicle entering major road (sec) a. tg = 7.5 Car, 9.5 Single -Unit Truck, 11.5 Combo -Unit Truck b. Adjust tg for crossing more than 2 lanes: i. +0.5/extra lane for cars ii. +0.7/extra lane for trucks c. Also adjust tg for starting grade of the vehicle if it exceeds 3% i. +0.2 sec/percent grade for cars and trucks (only for starting uphill) AASHTO states that the value calculated should be rounded and add 5. PW staff put the following table together regarding this criteria which is shown below. Design Values Passenger Vehicle Lanes Crossed 1 2 3 4 Posted Speed 15 170 180 190 205 20 225 240 255 270 25 280 300 315 335 30 335 360 380 400 35 390 415 440 470 40 445 475 505 535 45 500 535 565 600 50 555 595 630 665 55 610 650 690 735 60 665 710 755 800 65 720 770 815 865 70 775 830 880 930 Single Unit Truck Posted Speed Lanes Crossed 15 20 25 30 35 40 45 50 55 60 65 70 1 215 285 355 425 495 565 635 705 775 845 915 985 2 230 305 380 455 530 605 680 755 830 905 980 1055 3 245 325 405 485 565 645 725 805 885 965 1045 1125 75 80 830 885 885 945 940 1005 995 1065 75 1050 1130 1205 80 1120 1205 1285 4 260 345 430 515 600 685 770 860 945 1030 1115 1200 1285 1370 Combo Unit Truck Posted Speed Lanes Crossed 15 20 25 30 35 40 45 50 55 60 65 70 75 80 1 260 345 430 510 595 680 765 850 935 1020 1105 1190 1275 1355 2 275 365 455 545 635 720 810 900 990 1080 1170 1260 1350 1440 3 290 385 480 575 670 765 860 955 1050 1145 1240 1330 1425 1520 4 305 405 505 605 705 805 905 1005 1105 1205 1305 1405 1505 1605 For the purposes of this situation the County is looking at a passenger vehicle (although the use has not been clearly defined) as well as a slope of the driveway not more than 3%. The County has performed traffic counts and documented the 85th percentile speed every three years since 2013 along this stretch of roadway. That average is 54 MPH. With the following criteria as shown in the charts above as well as the height criteria called out in AASHTO, the drivers eye height at 3.5 feet looking for an object in the roadway of a height of 4.35 feet at a design speed of 55 MPH the safe site distance is 610 feet. I have also attached a map of the location in which the County has requested the access be moved to. Please let me know if you have additional questions. Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works WC Logo Color.jpg Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended o nly for the person or entity to which it is addressed and may contain information that is privileged, confidential o r otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the n amed recipient is strictly prohibited. WELD COUNTY IIIIPWCR ONLINE MAPPING 66 (AA 5t) Speed .Iv Limits per Resolution 00690049 (7/30/69) it.; :Imp, .. _ - A i i itii 7 • i i .... xhibit '4. 'J. 1� - -- _. • \.• t �f • , :{,:; , �, "S .; 3}{ C'' ' a,.•I �� •y,. .l �^ t+ s:,;-,..„ \a„, _ ♦ ^t �• , Tv -�,a.i. —, qtr ,' Legend may. _..._ {f{{ • r,••.,� �, , , Parcels I Highway ; o oo. °tr I 1 County Boundary .. . • '• ; .� tN ; �,� J CO •_ - I �__I my , `, urn a,t ii,, 50J •- $ • "T �., `-�J LIMIT } • • ' tia?E '';,: 35 •.� .�, - Is `..,. •< 45 l\ a 1, n it • ail- - _ _. . - - nn ..J I '__ f _ .b. r .., .. .4•. - '. 4 1ti ' �i 7 ., � --I g _ 7_-.. .....,_. .,.. iY . - 1' _. Ft 501 ri u+Lcn I.WIt I �. 35 . � '� a`r' •: ' �a �� SPE LIM,T CO 5;�' •'4• S,•.. ., ' ;. .. a "�•'` ».. . � 1 , •.,\., , H -_--_ ._. ��J 1e♦1,'. ' •/ • � �/� •, :11 ' ._ mot• -� • ` ,,. 1 r I 1. . I.. .zelerrnt-rr7F -° jar 7. F1'�� Va. " .14 .f��w. ; r AV' ;. .41R41i}•_r 3 �' J, I r a :r4�a$ys' , -4.-4- 4_i ) r ,,tie I N' '" r ( % Cs:ri A. � • 1 1. IP Ili .' • I' , \CP la T 1 , 1 I F. a ter'. II ''fir_ 11 l yI . At s �t OP Ini M• Ps 1111 ,• •••-...I. ... - -. • JI ' "i M �I I' •r~'~ _ .. -� 1� _ �lI _ - 11 _ _. _. __ .. • 4 , fly, t R •"'^ � r� 1.�` i" I_ _:. �• �'fn�� ' ,1'". 1 �• i. •t . _ el • k ..•" , .•,.;t+ ' 1. 12,000 Notes , 2000.0 0 1,000.00 2,000.0 Feet This map is a user generated static output from an Internet mapping site and is for reference only. WGS1984_ Web Mercator_ Auxiliary Sphere <<> Weld County Colorado Data layers that THIS appear MAP IS on NOT this TO map current, BE may or may or USED not be otherwise FOR NAVIGATION accurate, reliable. ." Cs -1 -k-41-) RESOLUTION 1 R� REGULATION OF SPEED ON COUNTY ROAD NO 66 BETWEEN U. S. HIGHWAY NO. 85 AND COUNTY ROAD NO. 37 ALONG THE NORTH SIDE OF MONFORT FEED LOTS, IN WELD COUNTY, COLORADO. WHEREAS, a multitude of complaints have been made to the Board of County Commissioners of Weld County, Colorado, that motor vehicles habitually are being driven at speeds greater than is reasonable and prudent along that part of said Highway, being in Weld County, and known as County Road No. 66, between U. S. Highway No. 85 and County Road No. 37, along the North side of Monfort Feed Lots, and all inter- sections of streets and roads therewith, and WHEREAS, said Board is authorized by the Statutes of the State of Colorado to regulate the speed of vehicles, and WHEREAS, said Board, pursuant to such complaints, has determined upon the basis of engineering, traffic investigations and a special speed survey, that any speed along or over said portion of said road or highway, and at all intersections of other roads therewith, in excess of the following, to -wit: Westbound traffic. From U. S. 85 to approximately . 25 mile west of U.S. 85 - 45 M.P H. From approximately . 25 mile west of U.S. 85 to approximately .55 mile west of U.S. 85 - 35 M.P.H. From approximately . 55 mile west of U.S. 85 to County Road 37 - 50 M.P.H. Eastbound traffic: From County Road 37 to approximately .25 mile east of County Road 37 - 50 M.P.H. From approximately .25 mile east of County Road 37 to approximately 50 mile east of County Road 37 - 35 M.P.H From approximately 50 mile east of County Road 37 to U.S. 85 - 45 M.P H. is excessive and is greater than is reasonable, safe or prudent under the conditions which exist. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that no motor vehicle shall be driven on, over or along any portion, or portions, of said roads or highways, or at or across, or at the entrance to, any intersection of any other street, road or highway therewith, at a speed in excess of the following, to -wit: % cle.;! y� Westbound traffic: From U.S. 85 to approximately . 25 mile west of U.S. 85 - 45 M.P.H. From approximately . 25 mile west of U..S. 85 to approximately .55 mile west of U.S. 85 - 35 M.P.H. From approximately . 55 mile west of U.S. 85 to County Road 37 - 50 M.P.H. Eastbound traffic: From County Road 37 to approximately .25 mile east of County Road 37 - 50 M.P.H. From approximately . 25 mile east of County Road 37 to approximately . 50 mile east of County Road 37 - 35 M.P.H. From approximately .50 mile east of County Road 37 to U.S. 85 - 45 M.P.H. and that any speed in excess of the aforementioned speed limits, and the driving of any vehicles at any speed in excess of said limits, as afore- mentioned, thereon or thereat, shall be prima facie evidence that said speed is not reasonable, safe or prudent, and that it is unlawful. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote, on the 30th day of July, A.D. , 1969. ATTEST: Clerk of ,t -fies—a& un y Attorney • Board of County Commissioners Weld County, Colorado 2 Esther Gesick From Sent To Cc Subject Attachments MARY WOHNRADE <mary@wcecivil corn> Tuesday, November 12, 2019 5 33 PM Esther Gesick Ryan Woodland, Patrick Groom, Dawn Anderson Ryan Woodland Appeal - Memorandum BOCC_Memo_2019_11_12 pdf Caution This,email originated from outside,of Weld County Government Do not click links or open attachments unless you recognize the sender,and know the content is safe Esther Attached is a copy of a memorandum related to the subject appeal that will be heard tomorrow morning at the BOCC meeting I apologize for getting this to you so late I just received the memo (that Dawn Anderson composed) late yesterday afternoon Thanks -Wohnrade Civil Engineers Mary B Wohnrade, P E Principal Engineer 11582 Colony Row I Broomfield, CO 80021 tel (720) 259-0965, Ext 103 I mobile (970) 443-1142 www wcecivil corn CDOT — DBE and ESB I City and County of Denver - MNVBE, DBE, SBE Confidentiality Note This e-mail and any attachments are confidential and may be protected by legal privilege If you are not the intended recipient, he aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system Thank you for your cooperation 1 A1Wohnrade Civil Engineers Memorandum Wohnrade Civil Engineers, Inc. Date: To: From: Subject: November 13, 2019 Dawn Anderson, Weld County Public Works Mary Wohnrade, P.E., Wohnrade Civil Engineers, Inc. Appeal of Access Permit Denial for Ryan Woodland 11582 Colony Row Broomfield. Colorado 80021 Phone:720-259-0965 Fax: 720-259-1519 We have reviewed your Memorandum to the Weld County Board of County Commissioners dated November 13, 2019, and have the following comments. 1. We believe the proposed access should not be considered an intersection, as per the attached definition from Section 1A.13 of the AASHTO 2009 Edition. See Exhibit 1. 2. We need to clarify which criteria manual should be used for the sight distance evaluation for the subject project. We believe that Section 6.5 of the Weld County Engineering and Construction Guidelines, updated July 2017 should be used for evaluating access sight distance. See Exhibit 2. 3. We need to clarify what the appropriate design speed will be for this evaluation. 2009 Edition EXHIBIT 1 Page 15 86. Highway Traffic Signal —a power -operated traffic control device by which traffic is warned or directed to take some specific action. These devices do not include power -operated signs, steadily -illuminated pavement markers, warning lights (see Section 6F.83), or steady burning electric lamps. 87. HOV Lane —any preferential lane designated for exclusive use by high -occupancy vehicles for all or part of a day —including a designated lane on a freeway, other highway, street, or independent roadway on a separate right-of-way. 88. Hybrid Beacon —a special type of beacon that is intentionally placed in a dark mode (no indications displayed) between periods of operation and, when operated, displays both steady and flashing traffic control signal indications. 89. Inherently Low Emission Vehicle (ILEV)—any kind of vehicle that, because of inherent properties of the fuel system design, will not have significant evaporative emissions, even if its evaporative emission control system has failed. 90. In -Roadway Lights —a special type of highway traffic signal installed in the roadway surface to warn road users that they are approaching a condition on or adjacent to the roadway that might not be readily apparent and might require the road users to slow down and/or come to a stop. 91. Interchange —a system of interconnecting roadways providing for traffic movement between two or more highways that do not intersect at grade. 92. Interconnection —when used in Part 8, the electrical connection between the railroad or light rail transit active warning system and the highway traffic signal controller assembly for the purpose of preemption. 93. Intermediate Interchange —an interchange with an urban or rural route that is not a major or minor interchange as defined in this Section. 94. Intersection —intersection is defined as follows: (a) The area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways that join at any other angle might come into conflict. (b) The junction of an alley or driveway with a roadway or highway shall not constitute an intersection, unless the roadway or highway at said junction is controlled by a traffic control device. (c) If a highway includes two roadways that are 30 feet or more apart (see definition of Median), then every crossing of each roadway of such divided highway by an intersecting highway shall be a separate intersection. (d) If both intersecting highways include two roadways that are 30 feet or more apart, then every crossing of any two roadways of such highways shall be a separate intersection. (e) At a location controlled by a traffic control signal, regardless of the distance between the separate intersections as defined in (c) and (d) above: (1) If a stop line, yield line, or crosswalk has not been designated on the roadway (within the median) between the separate intersections, the two intersections and the roadway (median) between them shall be considered as one intersection; (2) Where a stop line, yield line, or crosswalk is designated on the roadway on the intersection approach, the area within the crosswalk and/or beyond the designated stop line or yield line shall be part of the intersection; and (3) Where a crosswalk is designated on a roadway on the departure from the intersection, the intersection shall include the area extending to the far side of such crosswalk. 95. Intersection Control Beacon —a beacon used only at an intersection to control two or more directions of travel. 96. Interval —the part of a signal cycle during which signal indications do not change. 97. Interval Sequence —the order of appearance of signal indications during successive intervals of a signal cycle. 98. Island —a defined area between traffic lanes for control of vehicular movements, for toll collection, or for pedestrian refuge. It includes all end protection and approach treatments. Within an intersection area, a median or an outer separation is considered to be an island. 99. Lane Drop —see Dropped Lane. 100. Lane Line Markings —white pavement marking lines that delineate the separation of traffic lanes that have the same direction of travel on a roadway. 101. Lane -Use Control Signal —a signal face displaying indications to permit or prohibit the use of specific lanes of a roadway or to indicate the impending prohibition of such use. December 2009 Sect. 1 A.13 EXHIBIT 2 required, a 15 -inch corrugated metal pipe is the County's minimum size requirement, and minimum cover shall be 12 inches. All culverts should be sized to convey the flow water based upon the existing capacity of the ditch. Figure 6-2 shows a typical access approach. Figure 6-2 Access Approach 40 L.F. OF 15- DIA. CULVERT OR AS REQUIRED RADIUS APPROACH 24' GRAVEL OR PAVED SURFACE AS REQUIRED Alp FLARED END SECTIONS DA I WELD COUNTY ROAD SHOULDER PLAN VIEW 6.5 ACCESS SIGHT DISTANCE At intersections, accesses, and points along County roadways, sight distance is essential to protect the traveling public. Sight distance is the length of roadway that is clearly visible to the driver and is dependent upon the height of the driver's eye above the road surface, the specified object height above the road surface, and the height of sight obstructions within the line of sight. The minimum sight distance available on a roadway should be sufficient to enable a vehicle traveling at or near the design speed to stop before reaching a stationary object. In evaluating the overall performance of a roadway, both the horizontal and vertical sight distances should be considered. When items such as walls, buildings, bridge piers, cut slopes, or vegetation growth are near the roadway on the inside of a curve, they can block a driver's view of the road ahead. If they are too close, the driver will not have sufficient distance along the curved roadway to stop when a hazardous condition comes into view. This chapter defines the minimum requirements and technical criteria for the analysis and design of access locations to and from County roadways with the intent of providing safe, orderly, and continuous traffic movement. Chapter 4 also discusses common obstructions to site distance and other considerations. 6.5.1 Sight Distance Calculations For general sight distance calculations, the height of the driver's eye is considered to be 3.5 feet above the road surface and the object is considered to be 2.0 feet above the road surface. The lengths shown in Table 6-3 shall be adjusted for any grade of 3% or greater using the figures set forth in Table 6-4. WELD COUNTY ENGINEERING & CONSTRUCTION GUIDELINES P a g e 152 Table 6-3 Minimum Sight Distance along Roadway (Horizontal and Vertical) Minimum Sight Distance along the Roadway (Horizontal & Vertical) Posted speed (MPH) 25 30 35 40 45 50 55 60 65 70 Design sight distance (ft) 150 200 250 325 400 475 550 650 725 850 Minimum sight distance (ft)'"2 150 200 225 275 325 400 450 525 550 625 1. To calculate sight distance at the proposed access location, a height of 3.5 feet shall be used for the driver's eyes of a vehicle on the highway approaching the access location. The driver's eyes shall be assumed to be at the centerline of the inside lane (inside with respect to the curve) for measurement purposes. A height of 3.5 feet shall be used for a vehicle assumed to be on the centerline of the access 5 feet back from the edge of the travel lane. 2. If an auxiliary lane is present, the entering posted speed for the deceleration lane and the posted speed at the end of the acceleration lane shall be used. Table 6-4 Sight Distance Adjustment Factors for Roadway Grade Sight Distance Adjustment Factors for Roadway Grade Roadway Grade Factors Upgrade 3%to4.9% 0.90 5%to7.5% 0.80 Downgrade 3%to4.9% 1.20 5% to 7.5 % 1.35 6.6.2 Stopping Sight Distance The minimum stopping sight distance is the distance required by the driver of a vehicle traveling at the design speed to bring the vehicle to a stop after an object on the road becomes visible. Stopping sight distance is the sum of the braking distance and the brake reaction time (the interval between the instant that the driver recognizes the existence of ar object on the roadway and the instant the driver applies the brakes). The braking distance is related to the initial speed and the coefficient of friction between the tires and the roadway. The wet condition governs the stopping distances for purposes of design. Table 6-5 provides the required minimum stcpping sight distances on straight roadways with grades of less than 3%. In no case shall the stopping sight distance be less than as specified in Table 6-5. For grades in excess of 3%, refer to Table 6-6. For stopping sight distance calculations, the height of the object is considered to be 6 inches above the road surface. Chapter 4 provides additional information concerning roadway design and stopping sight distance. WELD COUNTY ENGINEERING & CONSTRUCTION GUIDELINES Page 153 BOCC Appeal Notification Nov 7th, 2019 Details of 2019 1/7/19 — Orr Land office receives conditional approval from Weld County Planning and proceeds with recording process See attachment #1, email from Mike McRoberts to Tomm Owens at Orr Land 5/23/19 —Woodland Home Company purchases RECX18-0152 from Ed Orr at the Orr Land office and pursues building permit application for Lot C of RE See attachment #2, RECX18-0152 6-8/19 — Woodland Home Company completes road construction at access point defined on RE We begin soil test and septic design, Lot A, B and C of the RE are up on MLS as lots for sale Lot D completes topographic study and presents conceptual development design to Weld County Planning See Attachment #3 No response from Tiffnee Lamb after emails on the 19th and 26th and multiple voicemails/phone calls 9-10/19 — We tried every option we could come up with to find a legitimate answer as to why we are learning this at the 11th hour and what table/geometry was used to arrive there We had a phone conference Dawn and Karin We called staff of every type from planner, engineer, access permit employees, district attorneys and any other person who could help in any way Eventually, we hired our civil engineer to utilize tools on Weld County's website after weeks of effort emailing and calling Public Works Using these tools, we found a clear line of sight and could not prove the road to be "unsafe" See attachment #4, line of sight study 10/16/19 —We did receive a response from Dawn Although we met all criteria and tables referenced in her email ("barely"), we do not meet them when you change the speed limit of the road from the posted speed limit to the 85th percentile speed and reference power poles and vegetation I was and will always be unaware of many things, but I didn't expect that the posted speed limit of 35MPH had zero involvement in the stopping distance equation here Attachment #5 Real estate contracts are abandoned, and MLS listings are taken down because we can't tell end users where their driveway will be indefinitely I would not consider sacrificing safety in any circumstance We are striving for a safe road for families to access their home that we build for them The last thing I want is to put someone in danger because of something I have created This is how I provide income for my family and to lose an entire year of productivity due to a lack of ability to define safety is the true issue here Public Works personnel have been polite to me throughout the process when I was able to communicate with them I am sure they have restrictions to what they can and cannot say definitively regarding safety topics If I had been present during the beginning conversations of the proposed access, I would take full responsibility for the situation I am in However, I purchased this property with the conversation completed I also understand that Weld County Public Works directed the location of the access and Orr Land followed that direction Respectfully, Ryan Woodland Woodland Home Company 1813 61St Ave Suite 200 Greeley, CO 80634 January 7th, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue Greeley, Colorado 80631 Website www weldgov corn Email mnader@weldgov corn Phone (970) 400-3527 Fax (970) 304-6498 Ed Orr 1813 61st Ave #200 Greeley, CO 80634 Subject 4 -Lot Recorded Exemption RECX18-0152 Parcel ID # 0803-19-3-00-012 Dear Mr Orr, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff We have enclosed our comments for your case Please address all issues identified in the staff comments Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution There is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat, additional pages are $10 each In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 recording continuance charge shall be added for each additional 3 -month period Please contact me with any questions Regards, Maxwell Nader, Planner I RECX18-0152 Page 1 of 6 eg; 1 From: Tomm Owens tommo@orrland.com Subject: Fwd: AA st Date: September 9, 2019 at 9:00 AM To: ryan@woodlandhomecompany.com Cc: Ed Orr edo@orrland.com This is the o ky email I found Get Outlook for Android From: Mike McRoberts <mmcroberts@weldgov.com> Sent: Friday, December 7, 2018 12:42:36 PM To: Tomm Owens <tommo@orrland.com> Cc: Dawn Anderson <dranderson@weldgov.com>; Hayley Balzano <hbalzano@co.weld.co.us>; Evan Pinkham <epinkham@weldgov.com> Subject: RE: AA st Tomm, That looks great. Thanks for making the access adjustment and for providing a shared access! Have a great weekend. Sincerely, Mike McRoberts, P.E. Development Review Engineer Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)400-3798 Original Message From: Tomm Owens <tommo@orrland.com> @ orrland.com > Sent: Friday, December 7, 2018 11:12 AM To: Mike McRoberts < mmcroberts @ weldgov.com > Subject: FW: AA st Caution: This email originated from outside of Weld County Government. Do not click linKs or open attachments unless you recognize the sender and know the content is sate Revised access Thks, Tomm 970-381-99090 Original Message From OrrLandRE@orrland corn <OrrLandRE@orrland corn> Sent Friday, December 7, 2018 9 02 AM To Tomm Owens <tommo@orrland corn>, Trevor Thiel <trevor@orrland corn> Subject This E-mail was sent from "RNPC17072" (Aficio MP C2500) Scan Date 12 07 2018 11 02 27 (-0500) Queries to OrrLandRE@orrland corn RECORDED LOT D OF NORTH, EXEMPTION RE -4179 BEING RANGE 65 WEST, PART OF OF NO. THE THE 0803-19-3 SW 6TH 1/4 OF P.M., WELD a SECTION COUNTY, RECX 1 19, COLORADO TOWNSHIP B-0152 6 aM•a y�/.Rs p WI 0 Cr N-44111 KC PMa „ T 4 f• I/4 a SICtC' is. 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', rl �'�^<iT, sT.r DATE: 2/14/19 ...YLSp 6025 riF (7)(18 11r17 3 From: Tiffnee Lamb tklamb@weldgov.com 8 Subject: RECX18-0152 Access Date: August 19, 2019 at 2:10 PM To: Ryan Woodland ryan@woodlandhomecompany.com Cc: Mike McRoberts mmcroberts@weldgov.com, Dawn Anderson dranderson@weldgov com Hello Ryan, As you know our staff went out to the access location last Friday and conducted a sight distance test. The proposed access does not meet our safety criteria for acceptable sight distance. We would like to work with you in finding an alternative access point that will work for you as well as meet Weld County Code and safety criteria. Thank you, Tiffnee Tiffnee Lamb Development Review Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)400-3718 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dawn Anderson dranderson@weldgov.com c4 Subject: RE: RECX18-O152 Access Date: October 7, 2019 at 8:49 PM To: Ryan Woodland ryan@woodlandhomecompany.com, Tiffnee Lamb tklamb@weldgov.com Cc: Mike McRoberts mmcroberts@weldgov.com Ryan, I am sorry if you feel that we have not been responsive. It was my understanding that we were working through the attorney's and therefore our communication regarding the process and issues have been through our assistant attorney Karin McDougal. With that being said, I would be happy to have conversations directly with you moving forward. I do appreciate getting the information from your engineer to review. I am in a conference in Denver until Wednesday so have limited access to email and will not be able to do a full response until I get back. However, did send this information out for review and it appears that the calculations that were used are for road design vertical clearance and not that of an intersection or access point. I can provide more information on Wednesday. With that being said, we did receive your email to start the access variance process. Unfortunately we are unable to speak directly with the County Commissioners on this issue as they are the body who will listen and make a determination of an appeal. I would be happy to answer any questions for you but again, I will have limited access to email until Wednesday. Thank t,Y)(I, Dawn R. Anderson Development Review Manager Weld County Public Works Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ryan Woodland <ryan@woodlandhomecompany.com> Sent: Monday, October 7, 2019 2:44 PM To: Tiffnee Lamb <tklamb@weldgov.com> Cc: Dawn Anderson <dranderson@weldgov.com> Subject: RECX18-0152 Access y This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognl rc the sender and know the content is safe. Hey Tiffnee, I have left you a couple voicemails over the past week in effort to speak with you on the variance/appeal process. I wanted to see if there is a more direct route to the speaking with County Commissioners? I believe it would save us both time and effort. It seems to be where definitive answers will be found to get this resolved. We have used the geometric tools available on the county's website but can't find answers from Public Works. I was reaching out today to see if a variance will be successful or just another month of forward progress lost. The attachment below shows line of sight is achieved from crest of hill to center of driveway center. We still don't know why the current proposed access is unsafe and where any potential solutions are? We have real estate offers that we are going to contract with and we need to be able to explain to potential buyers/end users what is going on with certainty to protect their time and investment into our product. If I need to go through the process of variance and appeal of denied variance to get to a conversation with the County Commissioner because that is the process then understand. I am just trying to prevent any of us from completing steps that may not provide solutions. I hope to hear back from you on what my next actions should be. Thanks, Ryan Woodland (970) 800-1299 Ryan@WoodlandHomeCompany.com WoodlandHomeCompanvcom i 1 1 I LOT 0 RECX 18- 0152 Nct- v, iI WIDE FUTURE ROW (TYP) \\V. \\ UNDEVELOPED • \:‘, \ AGRICULTURAL \\\\, I C.\ \ uhi. ,I 1 II 7 LOTA RECX 18- 0152 LOT B RECX 18-0152 30' WIDE ACCESS AND UTILITY EASEMENT 4+00 -7:1J-i-00 -12+00 11 +00 -- EXISTING IRRIGATION DITCH LOTC RECX18-0 152 AA STREET 1a ' ,t I r- I-- - ---F re--l-r--;.e r ,1 00- -84-00.— 7+00 - 6+00 54-00--4+00— -3+00 pa 24DO-1x-00 -/ 00 I I .1 I 1711 AA STREET UNDEVELOPED AGRICULTURAL 1 737 AA STREET UNDEVELOPED AGRICUL TURN _ �. E -STA. 9+67.63 P• - I PROPOSED ACCESS 3-- RE LOTS �I �1 GREEL EY ASSEMBLY OF GOD CHURCH NORTH WELD COUNTY WATER UT/L /T/ES NOTE. 1. POSTED SPEED LIMIT ON /A STREET /S 15 MPH. 2. AA STREET IS AN EAST- WEST PAVED COLLECTOR ROAD. / INDUSTRIAL EOU/PMENT RENTAL Project: swr. 1909.00 Dole: 11/07/19 Scale: 1 =200" Designed By: cYSG SW/FT FARM PUD WELD COUNTY, COLORADO AA ST (WC/? 66) SIGHT DISTANCE PLAN WOHNRADE CIVIL ENGINEERS, INC, 11582 Colony Row Broomfield, Colorado, 80021 Phone: (720)259-0965, Fox: (720)259-1519 Sheet 2 Sheet} .4 LI I PV/ STA.. 7-f- 44.79 CENTERLINE OF ACCESS DRIVE Q, P/I ELEV.. 4750.36 TO RE LOTS= STA. 9-f 67.6.3 co 4) LVC: K: 81.66 324.80 EX/STING II v CENTERLINE PROFILE AA SIGHT DISTANCE LINE m STREET (WCR 66) HE-IGHI OF HEIGHT OF POSTED SPEED DRIVER- 3 51 L IM/T -- 45MPH DRIVER=,3.5' 0.169' T .r t 1 - 2 2,3,z ` -3.82% l H 1 -y ' �L J90.89' .~ i i ` N O h O v n1 O N O O h Ir 1 N 0; v O <t r,, O' i O o; NI- v 0O o; Nr O v 1 O 0 O Qi v NN v °ID O o; D v O v co v; v NN-f_NN v N o; .r ? co 1 QI N O o; O 'et a l "o of et O 'Cr O '� O o; v NN v "r ^ v v a '� it v (N O �r O .r ON- v‘Ni..NINsNN et) I l N t a l c", O O O v O v c~-, o v `4r ° ►� ', v I O o • � v l N Z O �i O i v N • O h in R T N O •n < O a v` n, • h •< PI v T �, O O N O ti c\-1 v Np. N O ^ cs4 v Ir mi O N v t(, a cc "i N `o- N Q < (N it (p O\ v O < O h v 1 q of t_< •- v N O O REQUIRED MINIMUM SIGHT DISTANCE FOR AN ACCESS DRIVE WITH A ROADWAY GRADE (AA STREET) OF 4% AND POSTED SPEED= 35 MPH L= 225'x 1.2= 270; (DOWNGRADE= 4%) (SECT/ON 6.5. 1, TABLES 6-i AND 6- 4 OF THE WELD COUNTY ENG/NEER/NG GU/DEL /NES, UPDATED AND JULY 2017) CONSTRUCTION EXISTING CENTERLINE PROFILE OF AA STREET 'Project: SWF.• 1909.00 Dote. 11/07/19 Scale: /t200H Designed By: KYSC I SW/FT FARM PUD WELD COUNTY, COLORADO AA ST (WCR 661 SIGHT DIS TA NCE PROF/LE I WOHNRADE CIVIL ENGINEERS, INC, 11582 Colony Row Broomfield, Colorado, 80021 Phone: (720)259-0965, Fox.• (720)259-1519 Sheet 2 \Sheet S From Dawn Anderson dranderson@weldgovcom a Subject FW Ryan Woodland Date October 16, 2019 at 10 41 AM To Ryan Woodland ryan@woodlandhomecompany corn Ryan, Below and attached is what I sent to our assistant attorney to share with your attorney Mr Patrick Groom I thought that it had also been sent to you but want to make sure that I am communicating Please let me know if you have any questions Public Works has reviewed the attached documentation submitted by an engineer on behalf of Mr Woodland The calculations used by the engineer are for road design calculations and they are using the wrong object heights This method is again for roadway design and not following the guidelines for intersection or access design Specifically they are calling out Section 4 41 which is the design of vertical curves instead of 4 5 4 or 6 5 6 which is title "Intersection Sight Distance" The table shown in that section does not follow AASHTO The distance that they calculated barely reaches the clear zone required and they do not take into consideration that the vehicle at the access is sitting lower than it would be in the roadway and there is vegetation and power poles that block views as well The equation that the County uses (AASHTO) is as follows Site Distance = 147 * Vmajor * tg Vmajor = Design Speed of major road (MPH) tg = time gap needed for vehicle entering major road (sec) 1 tg = 7 5 Car, 9 5 Single -Unit Truck, 115 Combo -Unit Truck 2 Adjust tg for crossing more than 2 lanes a +0 5/extra lane for cars b +0 7/extra lane for trucks 3 Also adjust tg for starting grade of the vehicle if it exceeds 3% 9 +0 2 sec/percent grade for cars and trucks (only for starting uphill) AASHTO states that the value calculated should be rounded and add 5 PW staff put the following table together regarding this criteria which is shown below Design Values Passenger Vehicle Posted Speed Lanes Crossed 15 20 25 30 35 40 45 50 55 60 65 70 75 80 1 170 225 280 335 390 445 500 555 610 665 720 775 830 885 2 180 240 300 360 415 475 535 595 650 710 770 830 885 945 3 190 255 315 380 440 505 565 630 690 755 815 880 940 1005 4 205 270 335 400 470 535 600 665 735 800 865 930 995 1065 Single Unit Truck Posted Speed Lanes Crossed 15 20 25 30 35 40 45 50 55 60 65 70 75 80 1 215 285 355 425 495 565 635 705 775 845 915 985 1050 1120 2 230 305 380 455 530 605 680 755 830 905 980 1055 1130 1205 3 245 325 405 485 565 645 725 805 885 965 1045 1125 1205 1285 4 260 345 430 515 600 685 770 860 945 1030 1115 1200 1285 1370 #� S Combo Unit Truck Posted Speed Lanes Crossed 15 20 25 30 35 40 45 50 55 60 65 70 75 80 1 260 345 430 510 595 680 765 850 935 1020 1105 1190 1275 1355 2 275 365 455 545 635 720 810 900 990 1080 1170 1260 1350 1440 3 290 385 480 575 670 765 860 955 1050 1145 1240 1330 1425 1520 4 305 405 505 605 705 805 905 1005 1105 1205 1305 1405 1505 1605 For the purposes of this situation the County is looking at a passenger vehicle (although the use has not been clearly defined) as well as a slope of the driveway not more than 3%. The County has performed traffic counts and documented the 85th percentile speed every three years since 2013 along this stretch of roadway. That average is 54 MPH. With the following criteria as shown in the charts above as well as the height criteria called out in AASHTO, the drivers eye height at 3.5 feet looking for an object in the roadway of a height of 4.35 feet at a design speed of 55 MPH the safe site distance is 610 feet. I have also attached a map of the location in which the County has requested the access be moved to. Please let me know if you have additional questions. "Thank you, Dawn R. Anderson Development Review Manager Weld County Public Works Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Sight_Distance_ Evaluat...nts.pdf REQUESTING ACCESS BE MOVED TO THIS LOCATION PER SIGHT DISTANCE CRITERIA PRELIMINARILY APPROVED ACCESS 5 -4:r REQUESTING ACCESS BE MOVED TO THIS LOCATION PER SIGHT DISTANCE CRITERIA PRELIMINARILY APPROVED ACCESS Project SWF 1909 00 Dote 09/27/19 Scale l'"=200 Des gned By YSG ;,`' / ! ` f ! 1737 AA STREET l 9 i II/ % 'JJ � � ( UNDEVELOPED � `t_, i J PI3 �1 ACR/CULTURAL ;i ` -, /�' RECX18 0152 ../ �� 1 I 1,r, �� , t j i' /' r' Ira `i i'r_ J IJ_1 1 I ---�- - 1 I- -- I- -� -I- - r 6 0 _00— 9+00—-8+00�'-_7f00-_ =6_-1-_0_0 5-1-00--4-x-00_ -3f00 '2f00 —>f00 - 00' l �/i�% q,)( ,y 1 ,, „-- \I NORTH WELD 7 r ,12.ii, ii` '/ N�w-2 11 Ir ,"e' WATER i n pQ d,�Tz UT/L/AES O SW/FT FARM PUD WELD COUNTY, COLORADO AA ST (WCR 66) SIGHT DISTANCE PLAN WOHNRADE CIVIL ENGINEERS, INC. 11582 Colony Row Broomfield Colorado 80021 Phone (720)259-0965 Fox (720)259-1519 Sheet 2 Sheets, Figure 4-2 Horizontal Sight Distance Sight Distance Line of Sight e oe Sight Obstruction HSO = R(1 -cos (28 65S/R)) or S = R/28 65 acos ((R-HSO)/R) HSO = Horizontal sghtline offset S = Stopping sight distance R = Radius of lane centerline Horizontal sight distance may be restricted by obstacles alongside the roadway or even by cut slopes through a hillside Other normal roadside objects such as guard railing, concrete barriers, and privacy fences should be studied for interference with sight distance Vertical sight distance is determined by the geometries of the curve Figure 4-3 is an example of the crest vertical curve Figure 4-3 Crest Vertical Curve 2 ft1+ Sight Distance (S) ^Length of Curve (L) The following formulas determine the stopping sight distance on crest curves WELD COUNTY ENGINEERING & CONSTRUCTION GUIDELINES Page i25 When S is less than L, S — 12158L �A When S is greater than L, S = L2 + 10 A7 99 Where L = length of vertical curve (ft) S = sight distance (ft) A = algebraic difference in grades (%) Sag vertical curves are usually controlled by headlight distance Under certain conditions, the minimum stopping sight distance values used for design exceed the length of visible roadway This is because of the limitations of vehicle headlights, especially low -beam headlights The following formulas determine the stopping sight distance on sag curves The designer should use Exhibit 3-71 from AASHTO A Policy on Geometric Design of Highways and Streets to determine if S is less than or greater than L prior to using the following formula When S is less than L, S = 3 SL x%12 25L2 +1600AL When S is greater than L, 2A AL+400 5 - 2A-35 Where L = length of sag vertical curve (ft) S = headlight beam distance (ft) A = algebraic difference in grades (%) 4 5 2 Passing Sight Distance Passing sight distance is the length of roadway required for the driver of a vehicle to pass another vehicle safely and comfortably, without interfering with the speed of an oncoming vehicle traveling at the design speed if it came into view after the passing maneuver was started Passing sight distance is measured from the driver's point of view, which is to be measured at 3 5 feet above the road surface, to an object's height of 3 5 feet Typically, passing sight distance will be limited on crest vertical hills A significant amount of cut may be required to achieve adequate passing sight distance Tables 4-1 and 4- 2 list appropriate passing sight distances for various speeds WELD COUNTY ENGINEERING & CONSTRUCTION GUIDELINES Page (26 Esther Gesick From Sent To Subject. Ryan Woodland <ryan@woodlandhomecompany corn> Thursday, October 31, 2019 5 12 PM Esther Gesick Re BOCC Appeal Notification � �u _.r��r-i nLb�Vr�'�'t+', �"ai a�aat " , �`S�ii,' ., s3�' irr, Caution This email originated from outside of, Weld CountyrGovernment Do not click links or open attachments unlessbyou recognize E sender and know the content is safe Hi Esther, That works for me thanks for the prompt response' Thanks, Ryan Woodland (970) 800-1299 Woodland home company On Oct 31, 2019, at 3 41 PM, Esther Gesick <egesick@weldgov corn> wrote Hello Ryan, I've coordinated with the Public Works staff and we would like to schedule this matter before the Commissioners on Wednesday, November 13, 2019, at 9 00 a m Will this date/time work for your schedule? Esther E Gesick Clerk to the Board 1150 O Street/P O Box 758/Greeley, CO 80632 tel (970) 400-4226 <image001 png> Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Ryan Woodland <ryan@woodlandhomecompany corn> Sent: Wednesday, October 30, 2019 9 53 AM To. Esther Gesick <egesick@weldgov corn> Subject: BOCC Appeal Notification .4 Caution This email originated from outside of Weld County Government, Do not click links or open attachments unless you recognize the 's'ehder and know the content is safe 1 ^ "'° ° Hello Esther, 1 Below is the email I have received from Tiffnee Lamb at Weld County Public Works RE the appeal process Begin forwarded message From. Tiffnee Lamb <tklamb@weldgov corn> Subject: AAst/ CR. 66 Access Variance Date. October 28, 2019 at 2 49 18 PM MDT To: Ryan Woodland <ryan@woodlandhomecompany corn> Cc. Dawn Anderson <dranderson@weldgov corn>, Elizabeth Relford <erelford@weldgov corn>, Karin McDougal <kmcdougal@weldgov corn> Hello Mr Woodland, Thank you for allowing public works to do an in-depth review of this variance Our Public Works staff has denied this variance and gives the option for you/ client to appeal and forward to BOCC Below is the section in our code where it lays out the next steps to start the appeal process Sec. 8-14-70. - Appeal of denial of access permit. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS If an access permit is denied by the Department of Public Works, or the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10 of this Code (Weld County Code Ordinance 2019-09 ) Thank you for your time, Tiffnee Tiffnee Lamb Development Review Weld County Public Works 1111 H Street, P 0 Box 758 Greeley, CO 80632 (970)400-3718 <image001 jpg> Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited 2 I am writing this email to start the appeal process per Sec. 8-14-70 <Screen Shot 2019-10-29 at 6.51.20 PM.png> Reference Sec. 2-4-10. <Screen Shot 2019-10-29 at 6.27.57 PM.png> A. We are appealing our variance denial from Weld County Public Works for RECX18-0152 access point. B. 1. Weld County Public Works 2. The description in detail is listed below. I am apologizing in advance for the extent of information provided but we have been searching for answers for a significant amount of time and I want you to have all the details on my behalf as soon as possible. We purchased this property from Orr Land Company. They have a long history of creating recorded exemptions in Weld County. They created the original RE layout professionally and communicated with Public Works to relocate the access point from their original design at Public Works direction: AW NAWVAAWAM\\WINNWP\\N\W\WWTVAWOMIA N\\NWAVAIWA NNN'.AMWANWWW.!NNN\N`.NNVA!!N\N\AVNN\WNANW.NWMWMA WAWA AVAWA \M.V6WXWQ`.W.tAVANNNN\VAN\AVONAAANWOY WAPAA\NN\N\YAW.\NNNNAVVINVNNN\NN\HNN\WIN\WAVANNNIW.NNNWA\NNNWN\NUA\MWMV From: Mike McRoberts <mmcroberts@weldgov.com> Sent: Friday, December 7, 2018 12:42:36 PM To: Tomm Owens <tommo@orrland.com> Cc: Dawn Anderson <dranderson@weldgov.com>; Hayley Balzano <hbalzano@co.weld.co.us>; Evan Pinkham <epinkham@weldgov.com> Subject: RE: AA st Tomm, That looks great. Thanks for making the access adjustment and for providing a shared access! Have a great weekend. Sincerely, Mike McRoberts, P.E. Development Review Engineer Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)400-3798 Original Message From: Tomm Owens <tommo@orrland.com> Sent: Friday, December 7, 2018 11:12 AM To: Mike McRoberts <mmcroberts@weldgov.com> Subject: FW: AA st Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. 3 Revised access. Thks, Tomm 970-381-99090 Original Message From: OrrLandRE@orrland.com <OrrLandRE@orrland.com> Sent: Friday, December 7, 2018 9:02 AM To: Tomm Owens <tommo@orrland.com>; Trevor Thiel <trevor@orrland.com> Subject: This E-mail was sent from "RNPC17072" (Aficio MP C2500). Scan Date: 12.07.2018 11:02:27 (-0500) Queries to: OrrLandRE@orrland.com Here is a copy of the recorded RECX18-0152 with the access point directed by Public Works: We began road construction and building permit processes based on the understanding that a recorded e xemption would be acceptable for road construction and real estate transactions. We received this e mail from Public Works after installing the culvert and tens of thousands of dollars for road construction costs at the access point of the RE after professional surveying and topographic studies. < Screen Shot 2019-10-29 at 8.01.02 PM.png> I reached out again a week later in hopes to receive some feedback for a solution. Shortly after having n o response via 15+ calls to Public Works we sought out help to find out how to move forward. < Second attempt for response on Tlamb Grenade #1.png> We had conversation via conference calls with Karin, Dawn, Patrick Groom (our attorney) and myself to try and communicate the issues and problem solve. Nothing definitive was supplied to us during that conversation. We were told to move it down the hill to the West a couple hundred feet to meet an e xisting ag road for another shared access. No geometry, no useful tables or math to determine safe or not safe so we took it upon ourselves. We hired our Civil Engineer and Traffic Study Engineer to utilize tables on the Weld County website for access point, vertical sight distance or anything that seemed applicable and could not find the current access point to meet unsafe boundaries. See the study below: 4 After completion and submittal of the sight distance evaluation we did receive a response: < Screen Shot 2019-10-29 at 8.23.37 PM.png> This attachment was a part of the email above with the new requested access point. As we are considering safety and identifying that it is most important, you can see the impact it has to the three residential lots and Lot D of the recorded exemption. It seems the land must be reconfigured and an amending of the existing RECX18-0152 must occur. Had this been brought to our attention prior to conceptual designs, topographic studies, road construction, real estate sales preparation and listing photos with survey pins it could have been resolved with much less damages to our ability to successfully complete this project. Public Works seems to be considering "intersection" sight distance criteria and referring to AASHTO and stating it "barely reaches" the clear zone. We meet the clear sight distance per Weld County tables that are available online. I would never sacrifice safety as it is paramount. with that said, criteria and thresholds have been determined by Weld County and are publicly available online. I understand e verything is not black and white but in my opinion, when you meet the available criteria...you meet it. The posted speed limit of that street is 35 MPH and clearly marked a half mile east and west of the access point. I don't understand why a developer should consider any other speed than the clearly marked speed? AASHTO considers an intersection to be: < Screen Shot 2019-10-07 at 3.04.19 PM.png> <Screen Shot 2019-10-09 at 6.17.01 PM.png> <Screen Shot 2019-10-09 at 6.17.53 PM.png> New Hope Church across the street has an address on CR 66, and our future home owners have an address off of CR 66. I don't understand where the intersection is? If you need any further information I can provide it immediately. Our building permit has been on hold since May of this year due to this issue. This is our family's source of income and we have done nothing but follow the rules presented to us. Thank you for your time and I apologize for the lengthy email with lots of information. I was surprised that this much effort was needed to find out how to create three residential lots in Weld County. Thanks, Ryan Woodland (970) 800-1299 Ryan@WoodlandHomeCompany.com WoodlandHomeCompany.com 5 <18024RECX18-0152 Final.pdf> <Sight_Distance_Evaluation_2019_09_29 RECX18-0152.pdf> <RECX18-00152 Orrland Access.pdf Public Works Request.pdf> <PastedG ra phic-1.tiff> Hello