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Home My WebLink About20152185.tiff RESOLUTION RE: CONDITIONAL GRANT OF APPEAL OF THE DECISION OF THE DEPARTMENT OF PUBLIC WORKS CONCERNING AN APPLICATION FOR ACCESS PERMIT - WELD LV LLC 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 Weld LV LLC ("the Appellant"), concerning the decision by the Department of Public Works to deny an Access Permit, for an additional access for the Appellant, in relation to Lot B of Recorded Exemption, RE-4033 ("Property"), 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 conditionally grants such appeal, as set forth below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Weld LV LLC, be, and hereby is, granted for a commercial access upon the condition that a Use by Special Review ("USR") permit for the Property to be applied for by the Appellant and/or Gerrard Investments is granted by the Board. Such commercial access could not be used for oil and gas access purposes. If such USR is not granted, the access which is the subject of the appeal will then be limited to agricultural and/or residential purposes, only. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS C WELD COUNTY, COLORADO ATTEST:di G'• ;ii a'rbara Kirkmey r, Chair Weld County Clerk to the Board . / 7, 1 .... lute Mike Freeman, Pro Tern De• Clerk to the =• fiki 1 '•.,;►►�� ` can P. Co ay AP • D A v s: M. ®� � fi ( L I� e A. Cozad _/ ounty orney VIISteve Moreno Date of signature: 2015-2185 et.?V./ (J::C./JL) 8/17 EO0072 MEMO RA NDUM tx TO : Board of County Commissioners DATE : July 15 , 2015 rt z-- G C FROM : Janet Lundquist , Public Works SUBJECT : Access Denial Appeal AP15-00271 Weld County Public Works has received a request for an additional access point that was denied . The applicant is requesting an additional access point off of CR 13 north of CR 56 . CR 13 is an arterial roadway and CR 56 is a local roadway . The denial for the access request is due to two reasons : 1 . The access would be a net increase of accesses . The Board of County Commissioners adopted the Road Access Policy in 2009 . This request for an additional access would increase the combined access points to four access points . Please see attached aerial maps and RE-4033 referral . 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 . 2 . The proposed access point onto CR 13 does not meet the spacing requirement for an arterial roadway . The engineering criteria document identifies that there needs to be a spacing of 660 feet between access points for safe access onto arterial roadways . There is an existing access that is approximately 300 feet north of the proposed additional access . The following is the spacing criteria from the Weld County Engineering and Construction Criteria Guidelines : 6 . 3 Access Control Plan Weld County recognizes that property owners have a right of reasonable access to the county road system . However, within an environment where population growth will increase traffic volumes and operational pressure on the general transportation system , be it rural or urban ; access control is crucial to protect the public health , safety and welfare . Access Control is used to maintain smooth traffic flow , Page 1 of 2 C \Usersljlundquist\Desktop\Access Permit Denial AP 15-00271 2015-2185 to provide road right of way drainage , and to protect the functional level of the public County roads while meeting state , regional , local and private transportation needs and interests . Access Spacing p g Criteria for local roads , collector roads , and arterial roads are shown in Table 6-2 . Table 6-2 Access Spacing Criteria Access Element Arterial Collector Local Minimum Distance between Intersections Signalized 2640 ft NA NA Unsignalized 1320 ft 1320 ft 330 ft Minimum Distance between Low Volume Accesses 660 ft 660 ft 150 ft Minimum Distance between Low Volume Access & Intersection 660 ft 660 ft 330 ft Minimum Distance between Driveways 660 ft 330 ft 75 ft Minimum Distance between Low Volume Access & Driveway 660 ft 330 ft 150 ft Minimum Corner Clearance between Driveways & Intersections 660 ft 330 ft 330 ft Notes : 1 . Distances are measured as separation between access point centerlines . 2 . If proposed access points to a property can meet multiple spacing , the County may require the q larger spacing be used . 3 . Low Volume Access is defined as access with daily traffic volumes between 21 and 99 vehicles . 4 . Low volume accesses may be restricted ( now or in the future) to right- in , right-out movement only. Y 5 . A field access or driveway is defined as 20 trips per day or less . For the reasons listed above that applicants request for a new access point was denied . The applicant submitted a letter requesting an appeal to the denial . The appeal letter is attached to this document . Page 2of2 C :1Usersljlundquist\Desktop\Access Permit Denial AP15-00271 . docx • 4 • i F.. ! . • a I • • • • 1 f , it • , n • la $ ,, le . iiiiii„, . 4 . ..... .:: • • • • ;S. • • $ • • • • k. f 6 • • , I f . 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" . . • . . .. . . . . . . . .. . . . , • . . . ., .;$ . . . . .... . . . . . . .. . _ . .. . .. . . • , . . . . . . . . . .... . . . . . ., , 4„ „, . . .- '. ., /f 0 " MV y :1 f , . . . . . .. . . . . ., l7 . . . . ,,,, r ,,..... . • • .. . . (11 • • b Y 04. J ry w . 0 140 ✓ W (,j.. : A L t , ( ,,�, 1 j V (V�iW r. Rt, tl v 1 .., 1 alY A< 'x: Y-„ , _.f Y : r a : y��'"'�' \ �. k v .,. aaggrr " r A�'�,Y P vL � `4 '`\ v r tr'f ° :hte Xi "; „"�yLf NKMr J' �..t� rn, 1 h ^ v 1('^N'a'"'W:':fo s. of I< r AY 51� ti ue jr ,: ' 4•+ qp (../.-, ,,.. (CI C a N f•/1 a) V ` V ti t . • Mf I - o N ., ... . coF. a 41. MEMORANDUM TO : Michelle Martin , Planner I DATE : January 31 , 2005 FROM : Donald Carroll , Engineering Administrator • SUBJECT : RE-4033 , Willits Company Inc . c/o Bob Willits COLORADO The Weld County Public Works Department has reviewed this proposal . Our comments and requirements are as follows : COMMENTS : WCR 13 is designated on the Weld County Road Classification Plan ( FHU ) as an arterial status roa d , which requires a 140-foot right-of-way at full build out . There is presently a 60-foot right-of-way . The road is maintained by Weld County . Pursuant to the definition of SETBACK in the Weld County Code , Chapter Article III , Section 23- 3-50 , the required setback is 23 , q measured from the future right-of-way line . WCR 56 is designated on the Weld County Road Classification Plan ( FHU ) as an arterial status ro ad , which requires a 140-foot right-of-way at full build out . There is presently a 60-foot right-of-way . The road is maintained by Weld County. Pursuant to the definition in ton of SETBACK the Weld County Code , Chapter 23 , Article III , Section 23-3-50 , the required setback is measured from the future right-of-way line . g Y REQUIREMENTS : The Weld County Public Works Department recommends approval of this application . The residential access shall be placed in such a location to have adequate sight distance in both di rections d rections and not below the crest of a hill or where physical obstructions are present. ( Lot B) The applicant shall utilize the existing residential access to this parcel . ( Lot A) If a drainage culvert is required , a 15- inch corrugated metal pipe is the County' s minimum size requirement.equirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to your culvert . ( Lot B) p adequately size Direct access from a public road shall be limited ; only one access is allowed per legal residential parcel . g pa cel . No circle drives will be allowed . In accordance with Chapter 8 , Article II of the Weld County Code , this policy shall apply to all new and existing accesses within the unincorporated areas of Weld County . Properties y p s within municipalities or other counties that access Weld County roads are also subject to this policy . Utilize the existing agricultural , oil and gas , and ditch roads that are necessary for agricultural your g al operation . ( Lot B) Pursuant to Chapter 15 , Articles I and II of the Weld County Code , if noxious weeds exist on the property or become established as a result of the proposed development , the applicant/landowner shall be responsible for controlling the noxious weeds . The " not a part" parcel is shown on the Assessor's map as part of the existing parcel . By doing the RE , are you creating a parcel to be built on ? pc : RE-4033 M :\PLANNING -- DEVELOPMENT REVIEW\RE-Recorded Exem tion\RE-4 p 033 . DOC ti WITWER , OLDENBURG , BARRY & GROOM , LLP ' Attorneys at Law 822 7th Street, Suite 760 Greeley, CO 80631 STOW L. WITWER, JR. R. SAM OLDENBURG TELEPHONE: (970) 352-3161 JOHN J. BARRY FACSIMILE: (970) 352-3165 PATRICK M. GROOM KENT A. NAUGHTON SENDER'S E-MAIL ADDRESS JON T. BURTARD July 13 , 2015 Janet Lundquist Support Services Manager Weld County Public Works Dept . PO Box758 Greeley, CO 80632 RE : ACCESS FROM WCR 13 Recorded Exemption No . 0957- 18- 3 RE4033 Parcel No . 095718300047 Gerrard Investments, LLC Dear Janet : Thank you again For your assistance in this matter. As you are aware, I represent resent p Gerrard Investments, LLC' ("Gerrard" ) . First, please allow me to say that both you and Ms . Gabbert have been a . pleasure to work with on this issue. While we understand your pos ition positron that the Weld County Code does not support an access from WCR 13 Gerrard " T " � C errand ) believes in this case that a variance should be granted to allow access to Parcel No . 095718 300047 ( the " Property" ) from WCR 13 . Gerrard is under- contract to purchase the Property and intends to relocate its office and commercial facilities to this location . The recorded plat for Recorded Exemption No . 0957- 18 -3 p RE4033 identifies an access onto the Property from WCR 1 3 . While Gerrard is under contract • to buy the Property and has not occupied the Property since the date the REplat was Gerrard believes the existing 13 .. , . off recorded, e isting WCR access has been historically used and on by the owner of the Property and the tenant farmer . We understand that you or Ms . Gabbert believe may believe that this access has been abandoned . Notwithstanding such belief, Gerrard believes ' that the existing access onto WCR [ 3 best serves the Property and meets the short and long term of the goals County to provide a safe and efficient roadway network . WITWER, OLDENBURG, BARRY & GROOM , LLP July 13 , 2015 p . The Property is currently accessed from WCR 13 by both the REplatted access and a ci a separate access shared with the owner of Parcel #095718300046, Randall Worthley . Gerrard has attempted to negotiate use of the shared easement for Gerrard ' s- ' e at d s intended development of the Property with Mr. Worthley . In response, Mr. Worthley has unfortunately fenced existing. � _ off the ext stlrlb shared access . While Gerrard is willing to continue to negotiate joint access from WCR J 13 with Mr Worthley, Gerrard anticipates that such discussion will not be productive. As a result, Gerard will need to access the Property from either the existing access r WCR 13 or from WCR 56 . . along Requiring access to the Property from WCR 56 would potentially create a number of safety issues . The railroad spur which p h cl'i intersects the Property crosses both WCR 13 and WCR 56 . Gerrard anticipates that most of its traffic will head north on WCR [ 3 . By requiring access from WCR 56, the County would double the number of rail ' cross) n _s for such traffic . Furthermore, Gerrard ' s traffic includes fuel trucks and tankers which are required to stop at each unsignalized railroad crossing . In addition, Gerrard utilizes lowboy trans trailers and other larger trucks with limited visibility port that is further hindered by angled rail crossings. Because the intersection at WCR 13 and WCR 56 has limited site dista nce to the south on WCR 13 due to the rapid grade change, an access from WCR 56 would generate e ner ate significant safety risks . • In addition to the safety concerns, access to the Property from WCR 56 would.: be significantly more expensive. All of the utilities available to serve the Property p ty are located on WCR 13 and would need to be extended to serve the Property. In addition, Gerrard , additional expense p re and anticipates related to the maintenance and improvement of WCR 5. 6 if it accesses the Property from such location . Considering the constraints associated with access to the Property from WCR 56, - p � Gerrard believes that access to the Property from WCR 13 meets the intent of the Weld C'ar.rrlty Code and provides the safest and most practical access solution . The issues identified in thi s is letter create an undue hardship that is both a safety and economic limitation to the feasibility of using this site for any purpose including farming. Accordingly, we request that the Weld Commissioners grant variance County s oners a to allow access to the Property from WCR 13 . Very truly yours, R . • (j v' Patrick M. Groom cc : Nathan Gerrard 0 E 0 ? c �k 9. t k e 3r d€ SY R, k a So Y - itri Y ( i - 3', c L , 0 csot . 74Y air c F R 'ca F €9 ',0.1F.la F f:'''...., k C �. F tif€t. g Y x Y :43::1V31 Y r^ Y £a k - u. �r_,� F c:• -- '''W Y . ;'.!- W .I. x x 8 S - 5 b- Y ,, 4'0 £ E t .. r e ate, .- a,F_31 r44363.4-3...,-rs _x qa .::q3. 6 U M w' CO _4. _ W Qe. LI LI in c o _ aa1 fr z 4. 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