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HomeMy WebLinkAbout20151781.tiff RESOLUTION RE: APPROVE APPEAL OF THE DECISION OF THE DEPARTMENT OF PUBLIC WORKS TO APPROVE AN ACCESS PERMIT-GALETON FIRE DISTRICT 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 Galeton Fire District, concerning the decision by the Department of Public Works to approve an Access Permit, for two(2) additional accesses for the Galeton Fire Station in relation to Recorded Exemption, RE-4304, 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 approve the appeal of Galeton Fire District, without prejudice, and to require placement of signage displaying, "Use by Fire Vehicles and Apparatus Only." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Galeton Fire District, be, and hereby is, approved without prejudice, and the decision of Department of Public Works be, and hereby is, amended to approve the requested access permit. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ATTEST: datite4) v• g&e, áaKirkmeyerr /ar Weld County Clerk to the Board T T,, ` c &11, Mike Freeman, Pro-Tem BY. • �/ D Clerk to the Bo rd , y: 11 �♦ � an P. Conway ��---�— APP AS 1861 �'. '� +�-�i. USED i- A. Cozad aunty Att.rney �►.� 'Steve Moreno Date of signature: /o-' 2015-1781 EG0072 C t**RWFe,%OI tg61 � , MEMORANDUM ' It TO: Board of County Commissioners DATE: June 11, 2015 LP r C Ou N T Y FROM: Janet Lundquist, Public Works SUBJECT: Access Denial Appeal Weld County Public Works has received a request for two access points that was denied. The applicant is requesting an additional access point off of CR 49 north of CR 74 and an additional access point off of CR 74 east of CR 49. CR 74 is an arterial roadway and CR 49 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 parcel was created through the recorded exemption process. During that process this lot (Lot A) was to utilize an existing access off of the neighboring parcel (Lot B). In 2005 when the recorded exemption took place there were two existing accesses one on CR 49 and one on CR 74. Two additional accesses were constructed on CR 74 prior to the Board of County Commissioners adopting the Road Access Policy in 2009. This request for two accesses would increase the combined access points to six access points for the original approve recorded exemption. Please see attached aerial maps and RE-4304 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 74 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. The two existing accesses on CR 74 are approximately 375 feet apart. The proposed new access onto CR 74 would be less than 150 feet away from the western existing access point. This would mean that there would be three access points on an arterial roadway that do not meet our spacing criteria. The following is the spacing criteria from the Weld County Engineering and Construction Criteria Guidelines: 2015-1781 Page 1 of 2 O:\JANET\Access Handouts&Letters\Access Permit Denial 061115.docx 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, 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 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 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. 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 points was denied. The applicant submitted a letter requesting an appeal to the denial. The appeal letter is attached to this document. Page 2 of 2 0:\JANE1\Access Handouts&Letters\Access Permit Denial 061115.docx 1 June, 2015 Re: Galeton Fire Station Letter of Justification for Access Variance onto CR74 Belford Watkins Group Architects Janet Lundquist Weld County Transportation ARCHITECTGRE P.O. Box 758 Greeley, CO 80632 INFERIORS PLANNING Dear Ms. Lundquist, Please accept this letter as a formal Letter of Justification for a variance to Weld County's requirement for spacing between an existing oil and gas access onto CR 74 and a proposed access for the new Galeton Fire Station as well as a variance for the no net increase standard. The property is located at the northeast corner of CR 49 and CR 74. The access in question would be a combined fire fighter's only access as well as an emergency vehicle response access(public and emergency vehicle return access would be off of CR 49). In accordance with our discussions with you in December of 2014, the design team had indicated a CR 74 access combined with an existing oil and gas access. However, after review of this shared access, the Fire District Board is concerned with this approach for the following reasons: • The primary purpose of a fire district is to provide rescue assistance in times of emergencies to patrons of this district, as well as those working in or traveling through it. • Road 74 offers the best access for quickest response on the majority of calls to which Galeton Fire is dispatched. • Clearly, then, a main consideration in serving the people of this district should be an optimal and reliable response access to Road 74. • A shared access on Road 74 is not optimal, nor adequate, since any number of scenarios might cause a delayed response: oversized farm equipment, oil trucks, tankers, slow-moving rigs, or even equipment break downs in the driveway.Any of these could impede or prevent fire equipment responding quickly onto Road 74 from the station. • In the interest of public safety, granting a variance for this vital Road 74 singular access on the east-most corner of the Fire District property is necessary, and would seem to outweigh any generally applied access limits. 425 West Mulberry,Suite 207 Fort Collins,CO 80521 (970)407-0070 www.bwgarcn.com Enclosed with this letter, is an exhibit showing both a combined access along with the requested variance indicated in red. Please advise if we can provide any additional information for the Board of County Commissioners consideration. Respectfully, Don Watkins Managing Member Belford Watkins Group Architects y ..‘dam-..‘dam- -21.444.-21.444. 4 _ • • -Miff• wM u k L r r••w•.-<-...r,....,.ti•.....-- -..-- ow; at > .. - - ttl� i ,- +_. a 601,441: H : .,mmt, I. . • • Jd lef , - ,w. At , 4 _• L.; E it w St � 1 4. k r i a...j I icr P. M itzt C • E X w v s- 0 co E 1 CO ti CC b,0 Cl- , o Q -_ }= ' a w Q N -' i -_ - r i is OP/ f i H s • t S I - It V U _ p li. m mra J O L Q Q Q ______ VI ' til L - Il A I E i R a vi o mo, 05 .;�. ' • 1 I W U w it �... ry I U PT fil r kki O Q t�',� O OD ' a N C CU w a l r 1. _ ." ...,agt. • r . r •�` • 1 It . : / • ' • • I i • .- I. il J I : I I ffI ; •itailiIr+:sa to /y r., 441' i I 'I i ' I I N C O a V a u u a i W • 4-r ^N W I Z :✓ Q.) , • a- N Q1 C O .1 I. k CU a. i'i , 1CL 11 N . 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I gam 1 f i �\ 1 �r I r .....„ I lei a 0a r� V.1 €p \/ r 1 1",_ 4 I . i 7,/is i s 4t v i I i s 3 Y 1 � . it 1 r— — 1 a //O1� es ',` _ T III / — r . e l I h ICI CO. .. .2 I e 1 I 100 � /a / I a s2 3: ...i...° z / '3 Off/ / Q `f � 3 ��, I Z 1 r 1 Z 'O °_ fir- ₹_`� V 1 O U „ t I -It °s za I I of I 20 wgTh i It I I e c � i I I I i I i 7 s 2 �/ 61.OOOO A1NfOOOl3M 0 461,1,(11,, MEMORANDUM TO: Brad Mueller, Planning Services DATE: December 2, 2005 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-4304, Ryan & Mary Murphy The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Strategic Roadway: (December 2002) WCR 74 is classified by the County is a Strategic Roadway, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. (WCRs 7, 9.5, 11, 13, 22, 24, 27, 37, 49 and 74) Weld County Road Classification Plan (FHU): (June 2002) WCR 74 is a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. WCR 49 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. (WCR 49 only) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. The applicant shall utilize the existing residential access to this parcel. (Lot B) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. 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. No new private residential accesses shall be allowed onto roadways classified as arterial. A parcel shall share the access point already in existence. Access to new parcels may be obtained by a mutual reciprocal easement across the involved parcels to connect with existing points of access or by connection to adjacent public non-arterial roadways. pc: RE-4304 M:\PLANNING-DEVELOPMENT REVIEIMRE-Recorded Exemption\RE-4304.doc Hello