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Home My WebLink About20160724.tiff RESOLUTION RE: GRANT APPEAL REGARDING DECISION OF THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS DENYING ACCESS PERMIT FOR SHIPPS FARM, LP 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 Shipps Farm, LP ("Appellant"), concerning the decision by the Weld County Department of Public Works to deny an Access Permit for one (1) additional access to property located in the East-1/2 of Section 36, Township 9 North, Range 66 West of the 6th P.M., Weld County, Colorado, from County Road 100, east of County Road 35, for the Shipps Farm, LP, 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, thereby approving the access denominated and shown on the attached plat map (Exhibit "A") as "Proposed," upon the following condition of approval: 1. That the Appellant close the access denominated and shown on the attached plat map as "Existing #1." The Access Permit shall not be issued until proof of such closure is provided to the Department of Public Works. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal from Shipps Farm, LP ("Appellant"), concerning the decision by the Weld County Department of Public Works to deny an Access Permit for one (1) additional access to property located in the East-1/2 of Section 36, Township 9 North, Range 66 West of the 6th P.M., Weld County, Colorado, from County Road 100, east of County Road 35, for the Shipps Farm, LP, be and hereby is granted, thereby approving the access denominated and shown on the attached plat map (Exhibit "A") as "Proposed," upon the following condition of approval: 1. That the Appellant close the access denominated and shown on the attached plat map as "Existing #1." The Access Permit shall not be issued until proof of such closure is provided to the Department of Public Works. 2016-0724 EO0073 /j3/,g RE: GRANT APPEAL - SHIPPS FARM, LP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d.0.44) C/ {, .. 't Mike Freeman, Chair Weld County Clerk to the Board ` Sean P. Conway, Pro-Tem BY: 1. l 1./_ • De.u Clerk to the Bo.:rd ;- Julie A. Cozad l_,/ APPROVED AS TO FOR : ism 1 :; b =arbara Kirkmeyer County Attorney Steve Moreno Date of signature: / 2016-0724 E00073 MEMORANDUM \L_IJ TO : Board of County Commissioners DATE : February 5 , 2016 J / I ! - � j ) FROM : Janet Lundquist, Public Works SUBJECT : Access Denial Appeal AP 16-00022 Weld County Public Works has received a request for one new access point that was denied . The applicant is requesting one additional access point off of CR 100 east of CR 35 ROW. CR 100 is a local roadway and CR 35 ROW is not maintained by Weld County . The denial for the access request is due the following : 1 . The access would be a net increase of accesses . The parcel currently has four existing access points onto CR 100 . The applicant is willing to close one of the existing access points for the new access point . Please see the attached aerial map , application materials , and letter from the applicant . The Weld County Code language is listed below: Sec . 12-5-30. Regulation of access onto County roadways . A . One access per lot . Direct access from a public road shall be limited to not more than one ( 1 ) per legal lot, except as may be expanded or further limited or restricted by the Board of County Commissioners or staff, as a result of zoning requirements , consideration in land use applications , safety considerations , subdivision regulations , or inability to meet minimum requirements as defined in the Weld County Design Criteria . E . 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 . Page 1 of 1 2016-0724 C:\Users\jlundquist\Desktop\Access Permit Denial 020516 . docx i Qom.) a +-0 C V) 0 _ca 4J ' I i U, O Q �v O CL to - � I y f M W CUD +nit � ;VI c; X • W N 4. * • : • N X W ti. n t 1 • ,F.jn mfr^' 4 • w V F w. F wmT {*113/4 t--1 }} : I � , t/1 W 0 9-49- I A...p I 6 rC3O 0 00 <Q\ 4, Weld County Public Works Dept. k till N Street It fir► P .Q. Box 758 ACCESS PERMIT 4/ .r <k, Greeley, CO 80632 APPLICATION FORM OC \14 ° Phone: (970)304-6496 Ser){O7 ` Fax. (970)304-6497 40 , 5Q Ate 0 Applicant Property Owner (if different than Applicant ) Name \ I Ol t CLIIIl . irttntar Name S Company S acCpa L.,. Address i Address (AR 2J " £k - \ \ \ tocA. ( a WO City State Zip P City \Ck tA•C\ State (j _ Zip C6%45? Phone Business Phone o1 0 - -a ) - 0141 I Fax Fax r} hi - C? -� � - - 7___Ui E-mail i E-mail 4 sS e _ mat ♦ = Existing a Access A Proposed Access Parcel Location & Sketch4 1 The acce s is on WCR L On 3 -7 / -7 Nearest Intersection : WCR I 1 OD & WCR � 6 %-� WCR t pb Distance rom Intersection 1 k .,____ r Q- c3�" sa. G w SI Tr _ Parcel Number O4C,� Minr- Ar. not-t. i WC' I 10 2Al Section/Township/Range t N n \ it c- s ' 'u\C T 42 it 1 3 Is there an existing access to the property? YES N l Number cif Existing Accesses O rin 4 ( ssSt �� I 4 _ pelf '1 t bt.4Ls.. tiQ,c) Road Surface Type & Construction Information *I., Asphalt 1 Gravel Y- Treated Other WCR 0 Culvert S n & Type I YP I Materials used to construct Access 2.0071 '%e.�� e I Construction Start Date Finish Date t Proposed Use ❑ Tempor ` ry (Tracking Pad Required )/ $75 iiiSingle Residential/$75 ❑ Industrial/5150 o Small Commercial or Oil & Gas/$75 ❑ Large Commercial/$ 1SO o Subdivision/$ 150 ❑ Field ( Africulture Only)/Exempt Is this access associated with a Planning Process? ❑ No ❑ USR *BE u PUD a Other i Required Attached Documents - Traffic Control Plan -Certificate of Insurance - Access Pictures ( From the Left, Right, & into the access) By acceptir`g 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 Icilitles construction _ Signature _6 Qthl .�/ �� _ Printed Name 1it n Date I. 1 \"ZL! Approval r Denial will be issued in minimum of 5 days. Approved by___ _ I Revised Date 6/29/10 >_g Shipps Farms, LP 17164 CR 100 Nunn, CO 80648 970-3 1-9411 ( P) 970-$ 4- 2015 ( F) Weld county Public Works Dept. 1111 1 . Street — PO Box 758 Greely, CO 80632 970-364-6496 ( P) 970-304-6491 ( F) A;A ii To whom it may concern, Through the process of a Quit Claim Deed, we have separated parcel #045536000004, Legal Description 19562 NW4 Section 36 Townhip 9N Range 66W, into two halves . By separating this, we plan on building our residence on the east half of this quarter in order to provide assistance to my grandmother and be caretakers of the farm . i The reason for this letter, we were notified that the property at 17164 CR 100 is already showing 4 access points. Let's begin with 4he far west access point. This access point is actually located in the neighbor's adjacent property, leading into our pastu, e. This access point was built by the Colorado Department of Transportation (COOT. ) COOT built this to access to the , gravel pit we had leased to them years ago . This lease has since been terminated. This access point can and will be abandoned. The second driveway from the west is an Ag access for our machinery such as tractors. The next drive is a half circle around the addrelss. From the Ag access to the far access to the east there are no ditches dug that the road grader has to maintain or than 'e the position of his blade. The s 2cond item of debate is the location of access for the east half of this parcel. This would be the only access point for the east I all of this parcel. We have a planted crop just east of the tree line. We own a trucking business and our trucks will be parka g near the shop on the east side of the property. This access would he 1100' or 211100 of a mile from WCR 35 Right of Way. The measurement from the east side of the east access of 17164 CR 100 to the requested access would be 220' or 240' to the e st side of the new access . Please refer to drawing A. If w were required to meet the standard of 300' between road access points, we would have to build a road through the midd e of the field. In the center of the west strip another access would have to be built for shop access. This will take a large amot nt of planted area out of this field, making farming it rather difficult, causing more labor, more materials, and loss of many acrestof farm land. This will severely impact agriculture. See Drawing B. The r ext option is a shared access. As you can see, this is a working farm. The yard is full of equipment on a daily basis . This isn't our typical hobby ranch of two 40 acre places, where the shared access is accommodating. We have tractors with large impl m€nts, combines with large headers, and trucks with grain hopper trailers and livestock trailers. A shared access of the east rive is just not large enough to accommodate equipment access. There is not enough area to make a drive big enough for the t ucks to turn in the area of the tree patch. The tree patch area is also used for parking. While this is a possible option, it is far fr m the desired option . South of the yard, there is a pasture access. As you can see, Lone Tree creek runs through the yard. cutting off the south access from any of the existing driveways . We would have to build at least two bridges, in order to shar this access for when the creek is running. See Picture C. Anoth?r consideration to take in to account, is that road access standards are created for safety. The closest intersection to the west is CR 33 and CR 100, almost a full mile to the west. The closest intersection to the east is almost a mile away at CR 37 and CR 10T. I truly ope you take this ail into consideration. Please allow us to build our access just east of the tree line. I believe It will be less intenance in the long run. The county maintenance can keep their blade up from the far west access of 17164 in the same osition until he has passed the projected access. It will be safer, keeping all accesses near one point in the yard. This acc just east of the tree line will have the least impact on dgriculture d5 well. I Thanl4 you for your time and consideration, I Clkalin Holly teen itee I I I I I I I 1 1 G 11 n0' o ; 1-1I1pQ cr. ir t c:43 \ c-kutici_ N c - tcb 271,1 01" C51'‘' ic) (4441 cit Qbot QC CS S A - E ..tis\-, Ptc.c..ccas ciebpe.c.MLA ktctsS P :\ CSkAi Cie tbD I3O014. - -. IS1/4\1) (.51' r \c) 3 rg> Y .. fa 0.) 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Css- CA-C-V .. „ *4'0..° M , ,. — i sIP t •. " r.. •••'� +sit, .. 3, ° y, 1 JAI' w + � dk, • 4. 4,•!:<4.#i•• C'r`9�k'"•' K ° A. YMsRM r vl r w A # nd ,r: f`I. / - • I '1 r. U AM SHxM f.„•:... ,/.:rM Y ny, A ro, dn:n ...u... n.x v. 1 ,P'y✓ `de r w • ' 1 • 4 i • 1 r _ 1 - . ` - Ime r . • ' r f i r .. es lit .. lillPellieliwok"'"l' At > > w - h•ir:w w4.4•. .,..,ypi: i a ,.- i -44L`I 4 - -11101..A46 100t, 1 • '- NINO"lip Star.;',• a 1. 4. n—. l'/141.04, $ys .arm ...•• _ Y� ` JLLL\ ≤LS 14(1\ O \ °IL k..., -- � �' 1/4 4�t �� C)-� CS CI%•••.\711/4 0 C�.�'� ...y.„:::„ R c_c__ e.ss \i-„,, c_se, , ,.\\__ ,1/4,..),...„\j (,),_ \.__I „„, C. . .. ..,,. .....,„........ .,... „..,,, di. te 1114 �r� •Y vµf ICA .�. s w it . II 1 i A ales • let • • jib • illiStillii Prifill . i roil il C: it i *to) . `'y.tud• y • r I I • • it • 9 OD E .. w• ; r,A.w r.." 4Y .1 • 11. seleSPO —so ... ` ,,,� 41 "0t-. tea: I r ♦• r .ea* •- -• sue.✓Slew . .. - • •y C. s �• • .. , � • . Jilt- •c$ .. 11". a • • a t!• ti a i' 4 Ni IT, • • • • i _ _ .•4 ' _ 14 . •I , . • er r • ♦C "� a t - - T •• (e-ii--- 0 4165150 Pages : 1 of 3 ti14t20 ! 5 11 : 13 AM R Fe C.� `^`` 1 y i�.[7r+3a Clark s21 t,o C) F �Ff(} KraIrk2o� ec�r i �zer taw ! d Cn+.Anl y Co 1 �.,n 10tI 'PL Prepared By : �ilir:Ali 16141 11111 Holly J Green 643 2nd Street PO Box 161 Nunn, Colorado 80648 After Recording Return To : Debbie A . Shipps I 17164CR100 ► 4u nn , Colorado 80648 I SPACE ABOVE THIS LINE FOR RECORDER 'S USE QUITCLAIM DEED On October 25 , 20 l 5 THE GRANTOR(S ), - Shipps Farms, LP, Debbie Arm Shipps, Trustee, for and in consideration of: One Dollar (S1 . 00 ) and/or other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged , conveys , releases and quitclaims to the GRANTEE( S ) : Shipps Farms, LP, Debbie Ann Shipps, Trustee, residing at 17164 CR. 100, Nunn, Weld County, Colorado 80648 the following described real estate, situated in an unincorporated area in the County of Weld, State of Colorado , described as follows : Legal Description: 19562 Ntiv=l- Section 36 Township 9N Range 66W : last Half Tax Parcel Number : 045536000004 Grantor does hereby convey, release. and quitclaim all of the Grantor's rights, title � , and interest in and to die above described property and premises to the Grantee(s), and to the Grantee( s) heirs and assigns forever, so that neither Grantor("s ) nor Grantor's heirs, legal representatives or assigns shall have, claim of demand any right or title to the property, premises, or appurtenances, or any part thereof. The land is not. changing ownership , only dividing owned property in hall is East Flail and West Pave 1 of 3 Half EXCEPTING AND RESERVING unto Grantor(s), a 100 percent interest in all oil, gas, and other minerals , including gravel, clay, coal, sand and scoria presently owned by the estate . Mail Tax Statements To : Shipp. Farms, LP 17164 C,R 100 Nunn, Colorado 80648 I SIGNAT URE PAGE FOLLOWS , 4165150 Pages : 2 of 3 12 / 14/2015 11 ' 13 AM R Fee : $21 . 00 Q Fee . $0 00 Carly Kc oes Cl Ar k Arid Ricordr^ . Weld County CO rittiZiMilleilikr `4 NI :A ! �� r 41111 LBO ! Pu r.c 2 of 3 ,... ft - - - .t --. r�ti -r - _ - - -"`- i Grantor Signatures : DATED: / C 5 i / c,-telLt .. ... f . ,-___Sass, 9e‘ t.) —11/kAA-aeL( 7 „, ebbie Ann Shipps, Trustee oA behalf of Shipps Farms , LP STATE OF COLORADO, COUNTY OF WELD, ss : This instrument was acknowledged before me on this 1 L k clay of ``- �' ' ( ,- c•) ' ) r- 2-14: _ ‘ S by Debbie Ann Shipps on behalf of Shipps Farms, LP. lalassainnemereaddassas 7,9 LINDSEY E. STO EMETS e LEAFA ,� ;' � '`" NOTARY PUBLIC 311 t = . 410110V' " - STATE OF COLORADONotary/flu/lie• � NOTARY I D 20124042508 MY COMMISSION EXPIRES JULY 12t 2016 Title (and Rank) My commission expires .3 •j L.� f _4 yin n I ks 4165150 Pages ; 3 of 3 12114/ 2013 11 13 AM A Fee . $21 . 00 a F ee ; tl . " ra►,• 11 Kunp Clerk and R•; ord r . .old Coun ; Y III riraidlirtir. )AVeiNiti.liiii NViI1tiI lint Page 3 of 3 Hello