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Home My WebLink About20170256.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING APPEAL OF ACCESS PERMIT, AP16-00562 - ASPHALT SPECIALTIES COMPANY 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, the Board of County Commissioners has received an appeal from Asphalt Specialties Company, concerning the decision by the Department of Public Works to deny the application for two additional accesses under AP16-00562, proposed for Lot A in relation to Recorded Exemption, RECX16-0183, and WHEREAS, pursuant to Weld County Code Sections 2-4-10 and 12-5-100, such appeal to the Board is considered to be "de novo," and WHEREAS, upon consideration of all of the evidence presented, including a review of all information submitted by Asphalt Specialties Company, and the Department of Public Works, the Board deems it advisable to refer the matter back to the Department of Public Works with direction to staff to process the application for Access Permits, as part of RECX16-0183. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal be, and hereby is, denied with the direction to staff that the application of Asphalt Specialties Company, for two (2) additional access points, AP16-00562, be and herby is, to be processed as part of RECX16-0183. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D., 2017. ATTEST: doh& Weld County Clerk to the Board BY: Deputy Clerk to the Board APPRO D AS Coun y Attorney Date of signature: CYa/O(128-1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Q Julie A. Cozad, Chair Steve Moreno, Pro Sean P. Conway arbara Kirkmeyer, c c : (mow cut), GLPPL OQ/13/I-1 2017-0256 EG0074 MEMORANDUM TO: Board of County Commissioners DATE: January 18, 2017 FROM: Janet Lundquist, Public Works SUBJECT: Access Denial Appeal AP16-00562 Weld County Public Works has received a request for an additional new access point that was denied. The 82.2 acre property has one existing O&G/AG access point on CR 13. The applicant is requesting two additional access point off of CR 6 west of CR 13. CR 6 is a collector roadway with 1500 vpd with 20% truck traffic and CR 13 is an arterial roadway with 2876 vpd with 14% truck traffic. The denial for the access request is due the following: 1. The access would be an additional access. The parcel currently has an existing access point an O&G/AG access on CR 13 that would access Lot B. The county was willing to grant one additional access for Lot A, however the applicant requested two access points for Lot A. 2. The access does not meet the spacing criteria for a collector roadway. The proposed access #1 would be approximately 150 feet from an existing access point. The proposed access #2 would be approximately 100 feet away from an existing access on the north side of CR 6. Please see the map below and the attached application materials. The Weld County Code language is listed below: Sec. 12-5-30. Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be allowed one access point for safe ingress and egress, which may be an existing or new shared access. Each parcel shall be limited to this single access, except as modified by the Board of County Commissioners; as a result of zoning requirements; consideration in land use applications; safety considerations; subdivision regulations; or the inability to meet minimum requirements as outlined in the Weld County Engineering and Construction Criteria document shown in Appendix 12-A. F. Additional Access. If a new access is requested to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. Sec. 12-5-70. Application review, Access Permit issuance, and permit limitations. A. Review Process. The application and data filed by an applicant for an Access Permit shall be reviewed by the Department of Public Works. The application may also be reviewed by other departments or agencies to verify compliance with any applicable laws and codes. If the Department of Public Works finds that the work described in the application for an Access Permit conforms to the policies and requirements set forth in this Article. meets the requirements defined in the Weld County Engineering and Construction Criteria, as shown in Appendix 12-A or other pertinent laws, regulations or ordinances, and that all required fees have been paid, an Access Permit shall be issued to the applicant. Criteria upon which the Access Permit shall be considered to include, but not limited to, the following: 1. Safety. The access must not create a safety hazard to the travelling public. 2. Constructability. The access must be able to be built according to general construction practices. 2017-0256 C:\Users\jlundquist\Desktop\Asphalt Specialties\Access Permit Denial 011817.docx C. Permit Limitations. An approved Access Permit requires the Permit Holder to meet the specifications and general engineering standards of the Weld County Engineering and Construction Criteria, as shown in Appendix 12-A when working on the permitted access. The Department of Public Works shall be responsible for ensuring compliance with such specifications and standards. Appendix 12-A Weld County Engineering and Construction Criteria document. Table 12A-2 Minimum Access Spacing Criteria (feet) Access Element Arterial Collector Local Distance between intersections Signalized Unsignalized 2,640 1,320 N/A 1,320 N/A 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 4 f •y .n • it.- • T •'•\\\.\% • I • r r\ f i i C:\Users\jlundquist\Desktop\Asphalt Specialties\Access Permit Denial 011817.docx Q R68W OF THE Z Ca tri L (V ow� L 0° u") O to o p CV U W D X —' Z O W v w v r o LL LA- `Z O IW w _ c3 LOCATED IN THE NE EX/SPNG ACCESS tic ° W 0 rf— 31} .leer • <i Q • Ct (•M•0•8 .09) £ l 'ON GV021 AlNAOo :I±,a,.. f f • I,) •11/21 Cc 452 C' J {y Z >z Qx H Q � Q J f O V yL :O ? H Tm 7 ti O H M 6 x Liu o N z W U M J 2 ec la owce wZ V< 0 wa 3 N ap gb)o) (f) tux? vd 0 i i S • G cr In CJ O bNp ualdwox)\SIIHIMXASNYld\ANodoud dov5 LOAN I35r- 6SL0'9 \anOaquioyl\ J 'Flamm ammyno ASPHALT SPECIALTIES CO. 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (720) 289-7707 January 17, 2016 Ms. Janet Lundquist, Support Service Mgr. Weld County Dept. Of Public Works 1111 H Street Greeley, CO 80631 RE: Variance Request for Two Access Locations on Weld County Rd. -6 (WCR-6), Lot A of RECX16-0183 and USR16-0041 ASCI Multiple -Use Development near WCR-6 and WCR-13, Weld County, Colorado Dear Ms. Lundquist: Per our telephone discussion yesterday concerning the referenced subject, we are submitting the following explanation to be presented before the Weld County Board of County Commissioner (BOCC) at the next available hearing date. You stated yesterday that you felt that if you got this request today, you would be able to get us on the agenda for January 23, 2017. Time is of the utmost importance for us with these RECX and USR applications. I believe you stated yesterday that because this variance request is occurring on a Weld County "collector road" and that the county regulations require a minimum of 330 ft. between access points, you must summarily deny this variance request and we must take the variance request before the BOCC for a determination. Asphalt Specialties Co., Inc (ASCI) has put much thought and planning into this property being proposed for development and the creation of two separate and distinct access points for two types of traffic entering and exiting the site. We cite the following reasons (with accompanying graphic exhibits) for granting us two access points onto this recorded exemption property: 1. ASCI is concerned for the safety of our employees and vendors, as well as the safety of the general traveling public on WCR-6, so that we are proposing a separate access for truck traffic only and another access for employee and vendor traffic only at this site. 2. The co -mingling of two separate and somewhat incompatible types of traffic entering and exiting the site into one access point, as would be required by Weld County regulations at this time, is not the best design for the types of traffic we are generating and the creation of two separate access points (which are at least 450 ft. apart) is the better design. 3. The requirement for one single access for the proposed 60 employees and 55 truck drivers into the ASCI USR site, is only being driven by the fact that there is an existing service road access 150 ft. to the west on the south side of WCR-6 of the proposed truck access location for the maintenance and operation of headgates for the Bull Canal. This road is only used during the irrigation season (other than for repair or maintenance issues) for the ditch rider to operate headgates on the concrete -lined Bull Canal and Lateral No. 1. It is not a "full service" access. F.R.I.C.O. (the owner/operator of the canal and lateral) has verbally expressed to us (and promised a letter forthcoming) that they have no objection to the truck access being within 150 ft. of their service road entrance. 4. The speed limit on WCR-6 is 45 mph. and there is essentially unlimited sight distance to the west for both access points and 1,225 ft. sight distance east from the truck access point and 775 ft. east from the employee access point until a high point on a rise to the east. 5. The truck traffic access road will be paved 400 ft. into the site from WCR-6. The employee access will be paved that distance and more including parking. 6. The travelling public on WCR-6 will get used to the location of the truck entrance being solely for that purpose. ASCI is willing to put up signs both to the east and west of the truck access stating "TRUCKS ENTERING ROADWAY". 7. A single access point would require ASCI to completely re -design the site plan to move an office building and parking areas to accommodate an access in the near -middle of the property. We would also have to re -design the drainage plan and potentially the detention/retention pond location and size. All equipment storage and truck parking is currently proposed on the USR site plan on the west side of the property and having a dedicated truck access on the west side only makes sense from an operation standpoint. 8. Trucks leave early in the morning and generally return at or near 4:00 PM during the work week. Some equipment moving occurs during the day primarily during the construction season. 9. Primary maintenance (cleaning) of only the truck access is preferable to cleaning of a single access for both types of traffic. 10. We have been informed that Weld County access issues are governed by the "Three C's". Those are the "Code", "Consistency" and "Common Sense." The issue with current language in the Weld County Code is why we are coming before the BOCC at this time: access points must be 330 ft. apart on a collector road. We cannot speak to "Consistency" as there appears to be only one other equipment storage facility west on WCR-6 (other than on the I-25 Frontage Rd.) and this smaller operation does not have daily truck traffic during the construction season that we are aware of. "Common Sense" speaks for itself in this situation and it seems to us that separating two distinct types of traffic, combined with a "no objection" from F.R.I.C.O., makes only common sense if two accesses are achievable without disruption. ASCI has been doing business in Weld County for many years and is one of the major suppliers to the county of asphalt and is one of the major pavers in the county for county road projects. The proposed USR for this site will move the heart of ASCI operations solely to Weld County with an office building, a maintenance shop and a QC lab, as well as a batch plant and recycling. We will employ 60 people on site daily, not including truck drivers. Please honor our request for this variance to construct two separate access points for two distinct types of traffic instead of a combined single access point. Sincerely, Rob Laird, Resource Manager enclosures TWO -ACCESS POINT VARIANCE REQUEST DIAGRAM FOR A.S.C.I. RECORDED EXPEMPTION/U.S.R. FOR MULTIPLE USE ID . ► \\ EASEMENT 7666308) ICE \ :EL , rHE THE 1 '53) _ VIERS JD I 'ANY) I I I I te �o 6' ,kCCESS I 0 0 0 E2 w z VAL (RE tc DEVELOPMENT --mss • • • • • • • ♦ ♦ ♦ ♦ • . • • • ---T • I • • • • • • • • • • • • • -4 . • • • DETENTION/. • . • 24.OO' PAVED FIRE LANE EQUIPMENT STORAGE 1 SCALE 1" = 100 ' NORTH SITE NO. 2329006) CO • • • • • I • • • • • • • • • • • • •• . • • w.' • �'- • -s- ✓. • P• • • • • I -• • • • • • • -QEFJQ 100'x (MORE OR OR LESS) • •\ . . 4 • L •-. . . • • • • • .. • . SHOP 12tx85' (MORE�OR LESS) SEPTIC/LEACH FIELD —�'{i'' j fi!;f�h - - rrii „ � +0i0i0i0i �month j jlllsli=i� i=,I r omonovidni ahnd4dL 40' ROW FOR THE BULL CANAL LATERAL NO. 1 (REC. NO. 208153) a Air R25' EMPLOYEE ENTRANCE 24' 5148- 5 19' 15' 0 QC LAB 50'x50' (MORE OR LESS) s� Sr Sz1/45:, s'`5:c, S7s1_ 150_ 5149 5148 - 5/47 E Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name Rob Laird ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Bramming Family Trust/Mary Alice Bramming,Trustee Company Asphalt Specialties Co., Inc. Address 2014 "J" Hooker St. Address 10100 Dallas St. City Denver State CO Zip 80211 City Henderson State CO Zip 80640 Phone Business Phone (303) 289-8555 Fax Fax (303) 289-7707 E-mail robl@asphaltspecialties.com Parcel Location & Sketch The access is on WCR -6 Nearest Intersection: WCR -6 & WCR -13 Distance from Intersection 2,450 ft. Parcel Number 1467-25-0-00-026 Section/Township/Range 25/T1 N, R68W Is there an existing access to the property. O YES NO O Number of Existing Accesses 1 ( ,��P e- �Ec ; P� Road Surface Type & Construction Information Asphalt IN Gravel I I Treated 1 1 Other Culvert Size & Type S gin_ ZGP Materials used to construct Access atftatt/e-cmc e- Construction Start Date Finish Date Proposed Use [Temporary (Tracking Pad Required)/ $75 ❑Small Commercial or Oil & Gas/$75 ❑Field (Agriculture Only)/Exempt E-mail ♦ = Existing Access o= Proposed Accessel. T N oe v 3 WCR - b ❑Single Residential/$75 ❑Large Commercial/$150 el to V We R- Industrial/$150 ❑Subdivision/$150 Is this access associated with a Planning Process? No ►2 USR ERE IPUD IIOther Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature Printed Name P--47, Laird Date /O/0/Zolfo Approval or Denial will be issued in minimum of 5 days. Approved by 1' Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Name Rob Laird Company Asphalt Specialties Co., Inc. Address 10100 Dallas St. ACCESS PERMIT APPLICATION FORM Property Owner (If different than Applicant) Name Bramming Family Trust/Mary Alice Bramming,Trustee Address 2014 "J" Hooker St. City Denver State CO zip 80211 City Henderson State CO zip 80640 Phone Business Phone (303) 289-8555 Fax Fax (303) 289-7707 E-mail robl@asphaltspecialties.com Parcel Location & Sketch The access is on WCR -6 Nearest Intersection: WCR -6 Distance from Intersection 2,000 ft. &WCR -13 Parcel Number 1467-25-0-00-026 Section/Township/Range 251-11N3 R68W Is there an existing access to the propertyYES NO C Number of Existing Accesses 1 (.42Ferelte oa nersh'F) Road Surface Type & Construction Information Asphalt El Gravel n Treated ❑ Other Culvert Size & Type S to . Qa.f Materials used to construct Access 15cit`e.ar' Construction Start Date Finish Date Proposed Use QTemporary (Tracking Pad Required)/ $75 ©Small Commercial or Oil & Gas/$75 ©Field (Agriculture Only)/Exempt E-mail ♦ = Existing Access A= Proposed Accesst? T N ce WCR - b QSingle Residential/$75 Large Commercial/$150 U vJOR--4 Q Industrial/$150 o Subdivision/$150 Is this access associated with a Planning Process? Ill No I RE IIPUD Other Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures (From the Left, Right, & into the access) By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of theft signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws regarding facilities construction. Signature � Printed Name jL7 Laka Date 1Q Zo& 1 / Approval or Denial will be issued in minimum of 5 days. Approved by c/nntin Rob Laird From: Sent: To: Cc: Subject: Attachments: Eve Craven <Eve@farmersres.com> Thursday, January 19, 2017 6:03 PM Gary Stillmunkes; Kim Ogle Casey Sullivan; Rob Laird RE: ASCI SScanfile16122210540.pdf Gary, Thank you for the information. FRICO does not have an issue with the access road off WCR 6, as drawn on the attached drawing, However, FRICO will not grant permission to construct a bridge over Bull Canal Lateral or to use FRICO's ditch road or property for access. Thanks, Eve Eve, Crcweyv Projects Coordinator Farmers Reservoir and irrigation Company 80 South 27th Avenue Brighton, CO 80601 303-659-7373 ext. 312 Eve@farmersres.com EXHIBIT (l-•" I 1 Hello