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Home My WebLink About20170652.tiffPlanner: Case Number: Owner: Address: Applicant: Situs Address: Request: Legal Description: Location: Acres: LAND USE APPLICATION SUMMARY SHEET CHANGE OF ZONE Michael Hall Hearing Date: March 7, 2017 COZ16-0004 Vicki S. Lake 1212 Stoney Hill Drive # 45, Fort Collins, CO 80525 Vicki S. Lake c/o Weld County Planning Department 37042, 37044, 37046 Northwest Drive, Windsor, CO 80550 Change of Zone from the R-2 (Duplex Residential) Zone District to the R-3 (Medium - Density Residential) Zone District Lot 14 Northwest Estates 1st Filing; being a part of Section 29, T7N, R67W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 76; East of and adjacent to Northwest Drive +/- 1A4 acres Parcel #. 0705-29-0-03-002 The criteria for review of this Change of Zone is listed in Section 23-2-30 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: Weld County School District RE -4, referral dated 11/02/2016 Y West Greeley Conservation District, referral dated 11/14/2016 Y Weld County Department of Public Works, referral dated 11/21/2016 Y Weld County Department of Planning- Engineering, referral date 11/30/2016 Y Weld County Department of Public Health and Environment, referral dated 11/29/2016 Y Town of Windsor, referral dated 11/03/2016 and emails dated 01/12/2017 & 01/13/2017 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Town of Severance, referral dated 11/03/2016 ▪ Weld County Zoning Compliance, referral dated 11/10/2016 ▪ State of Colorado, Division of Water Resources, referral dated 11/21/2016 The Department of Planning Services' staff has not received responses from the following agencies: V V V V V Larimer County Fort Collins Conservation District North Weld County Water District Windsor/Severance Fire Protection District Weld County Department of Building Inspection COZ16-0004 Page 1 of 7 Planner: Case Number: Owner: Address: Applicant: Site Address: Request: Legal Description: CHANGE OF ZONE ADMINISTRATIVE RECOMMENDATION Michael Hall Hearing Date: March 7, 2017 COZ16-0004 Vicki S. Lake 1212 Stoney Hill Drive # 45, Fort Collins, CO 80525 Vicki S. Lake c/o Weld County Planning Department 37042, 37044, 37046 Northwest Drive, Windsor, CO 80550 Change of Zone from the R-2 (Duplex Residential) Zone District to the R-3 (Medium - Density Residential) Zone District Lot 14 Northwest Estates 1st Filing; being a part of Section 29, T7N, R67W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to CR 76; East of and adjacent to Northwest Drive Acres: +/- 1.44 acres Parcel #. 0705-29-0-03-002 Case Summary: Weld County is requesting to rezone this property to R-3 (Medium -Density Residential) to bring the existing triplex into compliance with Chapter 23 of the Weld County Code. The structure was built in 1976 as a duplex and circa 1978, one-half of the basement was finished as a third dwelling. The owner worked to ensure all the appropriate Building permits were approved for this triplex. The property is served by North Weld County Water District. There are two septic systems; one septic system serves the two duplex units and a one septic system serves the basement unit. Planning Staff previously processed this case (COZ14-0006) and recommended that this Change of Zone be approved. The case was presented on December 16, 2014 to the Planning Commission which voted to recommend approval of the Change of Zone. The case was presented on January 14, 2015 to the Board of County Commissioners who deemed it advisable to continue the case until March 4, 2015 to research a zoning discrepancy that took place in 1981, with Planning Staff. Additionally, a County Commissioner work session was held on January 15, 2015 to discuss the zoning history in detail. On March 4, 2015, a letter requesting withdrawal of the application and refund of the application was presented, accepted and approved by the Board of County Commissioners by Resolution. Northwest Estates 1St Filing zoning map (Z-180) recorded in December 31, 1971 per Reception No. 1581230, listed permitted land use densities (units per lot) on the zoning map. Lots 12 through 15 were allowed to have up to two units each, including Lot 14 of the proposed case. A note included on the zoning map stated, "Minor modifications to the above maybe made by either changing a two unit lot to a three unit lot or the reverse situation as long as the total number of 34 unit [for the subdivision] is not exceeded...". When Lot 14 became a triplex, it is unknown whether the 34 unit maximum requirement was met. The zoning for Northwest Estates changed (Ordinance 89) from H-UD (High Density Residential Unit Development) in 1971 to R-2 (Duplex Residential) in 1981 which was after the structure was converted into a triplex. Since the County approved 1981 rezoning does not reflect the existing land use, the Change of Zone was deemed to be the responsibility of the County. It was further determined by the Board of County COZ16-0004 Page 2 of 7 Commissioners that the proposed Change of Zone for Ms. Lake's property would be re -applied for and processed by Weld County Planning Staff acting as the applicant on behalf of Ms. Lake as described in the March 4, 2015 Hearing Certification. Weld County would process the Change of Zone at no charge to the property owner. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the Weld County Code. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 of the Weld County. Section 22-2-120.A. — R.Goal 1.states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to serve the residential development or district" and Section 22-2-12.C. — R.Goal 3. states, "Consider the compatibility with surrounding land uses, natural site features, nearby municipalities' comprehensive plans and general residential growth trends when evaluating new residential development proposals." The subject property appears to be compatible with the surrounding land uses. The area is urban in nature, has adequate services and facilities and is located within the Town of Severance and Town of Windsor IGAs. The subject property is Lot 14 of the Northwest Estates Subdivision which has 15 lots. The surrounding lots in the Subdivision provide for single, duplex and triplex residences. The zoning map (Z-180) recorded in 1971 indicates the zoning is H-UD and four of the lots in this subdivision were approved for triplexes and the other eleven lots were approved for duplexes. The proposed Change of Zone would remedy the zoning and land use inconsistency and reflect the correct zoning for the existing land use. The subject property was designated on the 1971 zoning map as a duplex. The structure was built to be a duplex but shortly after the duplex was constructed, the basement was finished and the structure has been occupied as a triplex since the late 1970s. This conversion was allowed as it met the density requirements listed on the zoning map. The H-UD Zone District was changed to the R-2 Zone District in 1981 and R-2 allows for duplexes only. B. 23-2-30.A.2. — The uses which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses. The Department of Planning Services has not received any comments from the surrounding property owners about this Change of Zone request. A neighborhood meeting was held by representatives from the Department of Planning Services on May 21, 2015 from 5:30 to 7:30 pm at the Weld County Administration Building, Events Center to discuss the Change of Zone with neighbors. One neighbor attended and had no concerns. C. 23-2-30.A.3. — That adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. According to the referral comments from the Department of Public Health and Environment, the dwellings have adequate water and septic. Water service is provided by the North Weld County Water District per Account No. 1195003. Sewage disposal is provided by G19710932 (main floor duplex) and SP -0200448 (basement unit). COZ16-0004 Page 3 of 7 D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts. The subject property has one access point on County Road 76, which shall be closed per Town of Windsor, Engineering Department comments, and two access points on Northwest Drive. County Road 76 is annexed by the Town of Windsor and Northwest Drive is maintained by Weld County. A Weld County access permit has been approved with access permit number AP #16-00556, for the two access points off of Northwest Drive. E. Section 23-2-30.A.5. — In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 23-2-30.A.5.a. — The proposed Change of Zone is not located within an Overlay District, Geological Hazard Area or a Special Flood Hazard Area. 2) Section 23-2-30.A.5.b. — The site is an existing 1.4 acre property with an existing residence. The size of the property and existing improvements do not make it practical for commercial mining. 3) Section 23-2-30.A.5.c. —The use on the subject property will not change with the approval of this Change of Zone. The Fort Collins Soil Conservancy District did not respond with any referral agency comments. The West Greeley Conservation District provided information regarding the soils on the site. A Custom Soil Resource Report was submitted from the Natural Resource Conservation Service. This report listed no limits per the soils. No new structures are being proposed. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Change of Zone from the R-2 (Duplex Residential) Zone District to the R-3 (Medium -Density Residential) Zone District is conditional upon the following: 1. The Change of Zone plat shall delineate the following: A. All pages of the plat shall be labeled COZ16-0004. (Department of Planning Services) B. The plat shall adhere to Section 23-2-50.C. and D. of the Weld County Code. (Department of Planning Services) C. The two access points off of Northwest Drive shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00556). (Department of Public Works) D. Northwest Drive is a paved road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The plat shall delineate the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) E. County Road 76 owned and maintained by the Town of Windsor. County Road 76 is a paved road and is designated in the Town of Windsor Comprehensive Plan as rural collector, which requires 120 feet of right-of-way at full buildout. The plat shall delineate the future (10 feet) and existing (50 feet) right-of-way. All setbacks shall be measured from the edge of future right-of- way. The Town of Windsor has jurisdiction over all accesses within their jurisdiction. (Department of Public Works) F. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. COZ16-0004 Page 4 of 7 2. The following notes shall be delineated on the Change of Zone plat: 1) The Change of Zone allows for R-3 (Medium -Density Residential) uses which shall comply with the R-3 (Medium -Density Residential) Zone District requirements as set forth in Article III Division 2 of the Weld County Code. (Department of Planning Services) 2) The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 4) The property owner shall control noxious weeds on the site. (Department of Public Works) 5) The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 6) There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 7) No access is permitted off of County Road 76 per the Town of Windsor, Engineering Department. The existing access point shall be closed. (Department of Planning Services) 8) The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning - Engineer) 9) Water service shall be obtained from North Weld County Water District. (Department of Public Health and Environment) 10) This parcel is not served by a municipal sanitary sewer system. Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) 11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. (Department of Public Health and Environment) 12) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) 13) Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 14) 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 (a) 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. COZ16-0004 Page 5 of 7 Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 15) WELD COUNTY'S RIGHT TO FARM: 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 of 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, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise 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 the 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 equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and 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 and reservoirs may simply be moved "out of 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 a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. 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, will 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. COZ16-0004 Page 6 of 7 3. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C. and D. of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall 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 County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be submitted within one -hundred -twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 4. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within one -hundred -twenty (120) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one -hundred -twenty (120) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. COZ16-0004 Page 7 of 7 January 27, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mhall@weldgov.com PHONE: (970) 353-6100, Ext. 3528 FAX: (970) 304-6498 HALL MICHAEL 1555 N 17TH AVE GREELEY, CO 80631 Subject: CO716-0004 - CHANGE OF ZONE FROM THE R-2 (DUPLEX RESIDENTIAL) ZONE DISTRICT TO THE R-3 (MEDIUM -DENSITY RESIDENTIAL) ZONE DISTRICT On parcel(s) of land described as: LOT 14 NORTHWEST ESTATES 1ST FG; PART OF SECTION 29, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on March 7, 2017, at 12:30 p.m. Asubsequent hearing with the Board of County Commissioners will be held on March 29, 2017 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanningcases.orq If you have any questions concerning this matter, please call. Respectfully, // Michael Hall Planner November 2, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mhall@weldgov.com PHONE: (970) 353-6100, Ext. FAX: (970) 304-6498 HALL MICHAEL WELD COUNTY PLANNING DEPT 1555 N 17TH AVENUE GREELEY, CO 80631 Subject: COZ16-0004 - CHANGE OF ZONE FROM THE R-2 (DUPLEX RESIDENTIAL) ZONE DISTRICT TO THE R-3 (MEDIUM -DENSITY RESIDENTIAL) ZONE DISTRICT On parcel(s) of land described as: LOT 14 NORTHWEST ESTATES 1ST FG; PART OF SECTION 29, T7N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Severance at Phone Number 970-686-1218 Windsor at Phone Number 970-674-2400 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, i", Michael Hall Planner Michael Hall From: Sent: To: Subject: Dennis, Michael Hall Monday, January 16, 2017 2:01 PM 'Dennis Wagner' RE: WCR 76 access to 37044 Northwest Dr. Thanks for the clarification. I will update my notes. Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us 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: Dennis Wagner [mailto:dwagner@windsorgov.com] Sent: Monday, January 16, 2017 1:42 PM To: Michael Hall <mhall@co.weld.co.us> Subject: RE: WCR 76 access to 37044 Northwest Dr. Michael, I think we shouldn't expect the property north of WCR 76 to show more than 10 feet future ROW. With the 10 feet additional that would be 60 feet total north of the section line. My expectation is that property south of WCR 76 will provide 30 feet in addition to existing 30, also making a total of 60 feet south of section line. Dennis L. Wagner, P.E. Director Town of Windsor I Engineering Dir: 970-674-2406 I www.windsorgov,com Follow Us www.windsorgov,com/socialmedia From: Michael Hall [mailto:mhall@co.weld,co.us] Sent: Monday, January 16, 2017 12:54 PM To: Dennis Wagner Subject: RE: WCR 76 access to 37044 Northwest Dr. Dennis, 1 Based off your requirements, we will ask the surveyor to show the existing ROW, which is believed to be 50' from Centerline on the north half of CR 76 AND an additional 20' of future ROW on the north half of CR 76. 30 S ROW + 50 N ROW = 80 ROW 120 FROW - 80 ROW = 40 FROW Net 40 FROW Net / 2 = 20 FROW Net per side. If this is incorrect, please let me know. I will notify you when the public hearings are scheduled in case you or another Windsor representative would like to attend and/or comment. Thanks. Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us 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: Dennis Wagner [mailto:dwagner@windsorgov.com] Sent: Friday, January 13, 2017 12:05 PM To: Michael Hall <mhall@co.weld.co.us> Cc: Scott Ballstadt <sballstadt@windsorgov.com>; Josh Olhava <jolhava@windsorgov.com>; Carlin Barkeen <cbarkeen@windsorgov.com>; Paul Hornbeck <phornbeck@windsorgov.com>; Devin King <dking@windsorgov.com>; Doug Roth <droth@windsorgov.com>; Desa Blair <dblair@windsorgov.com>; Curtis Temple man <ctempleman@windsorgov.com> Subject: RE: WCR 76 access to 37044 Northwest Dr. Michael, To close the access I think Windsor would tell the property owner that we intend to close it, followed by removal of the asphalt return. Windsor's standard for Rural Collector is 120 feet for ROW. I'm not sure what the existing WCR 76 ROW width is in the vicinity of 37044 Northwest Dr. Attached is the annexation map from 1985 when Windsor annexed that portion of WCR 76. The map doesn't clearly say what the ROW is. It appears the south ROW is the standard 30 feet south the section line and the north ROW is 50 feet north of the section line. I expect the property to the south of the existing road will be required to dedicate at least 30 additional feet. Obviously, Windsor can't require 37044 Northwest Dr. to dedicate ROW. 2 Dennis L. Wagner, P.E. Director Town of Windsor I Engineering Dir: 970-674-2406 I www.windsorgov,com Follow Us www.windsorgov,comisocialmodia From: Michael Hall [mailto:mhall@co.weld.co.us] Sent: Thursday, January 12, 2017 11:01 AM To: Dennis Wagner Subject: RE: WCR 76 access to 37044 Northwest Dr. Dennis, Thank you for the information. I will update the staff report include the Town of Windsor's comments regarding CR 76. What process is needed on your end to close this access point? Question: What is the existing ROW width in feet for a "Rural Collector" road (CR 76) and are there any future ROW plans or widths expected beyond the existing ROW? Also, what is the ROW documentation that created this road? This information will be delineated on the change of zone plat map. Best, Michael Hall Planner I 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhall@co.weld.co.us 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: Dennis Wagner [mailto:dwagner@windsorgov.com] Sent: Thursday, January 12, 2017 10:44 AM To: Michael Hall <mhall@co.weld.co.us> Cc: Scott Ballstadt <sballstadt@windsorgov.com>; Carlin Barkeen <cbarkeen@windsorgov.com>; Josh Olhava <jolhava@windsorgov.com>; Paul Hornbeck <phornbeck@windsorgov.com>; Devin King <dking@windsorgov.com>; Doug Roth <droth@windsorgov.com>; Curtis Templeman <ctempleman@windsorgov.com>; Desa Blair <dblair@windsorgov.com> Subject: WCR 76 access to 37044 Northwest Dr. Mike, This is in reference to your inquiry about access from WCR 76 to parcel #070529003002. Looking at historic aerial photography, it appears there was no active access from WCR 76 in 1999-2008. Then in 2009 it looks like vehicles were using it for access to the front of the residence. In 2012, Windsor paved that part of WCR 76 adjacent to the south of 3 the subject parcel and included a short asphalt driveway return to the south side of the parcel. The driveway return was included because it was assumed that the driveway was legitimate. 2014 aerial photography indicates the driveway was actively used but in 2016 photography it appears to be taken over by weeds. WCR 76 is designated a Rural Collector in Windsor's Comprehensive Plan. Section 1.06.A in Windsor's Design Criteria and Construction Specifications for Streets says: 1. Generally, no private direct access shall be allowed onto any Arterial and/or most Collector street classifications in the Town of Windsor. Access approval must be obtained from the Town for any private access. Approval may be granted during the development review process (through plan approval), by approval of an Access Management Plan, or by issuance of a right-of-way or access permit from the Town. 2. Private direct access on some Arterial and Collector streets may be permitted only when the property in question has no other reasonable access to the general street system and appropriate auxiliary turn lanes are provided. Such access shall continue only until such time that some other reasonable access to a lower function category street is available and permitted. It appears to me that the original approved access to the subject parcel is on Northwest Dr. and the secondary access to WCR 76 was used without an approved permit. I recommend that use of the secondary access cease and I would further recommend that Windsor remove the asphalt return. Let me know if you have any questions. Sincerely, Dennis L. Wagner, P.E. Director Town of Windsor I Engineering 301 Walnut Street I Windsor, CO 80550 Dir: 970-674-2406 I Off: 970-674-2400 I Fax: 970-686-2456 dwagncr(windsorgov.com www.windsorgov.com Follow Us www.windsorgov,com/socialmcdia 4 Hello