HomeMy WebLinkAbout20143618.tiff RESOLUTION
RE: APPROVE APPLICATION FOR ACCESS PERMIT, AP14-00468 - INSPIRING
TALKERS, C/O JOHN AND BRANDI-LYNN GREIG, OWNERS
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 Inspiring
Talkers, c/o John and Brandi-Lynn Greig, Owners, concerning the decision by the Department
of Public Works to deny the application for Access Permit, AP14-00468, proposed for an access
point off of County Road 13, south of County Road 38, 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 Inspiring Talkers, c/o John and Brandi-Lynn Greig, and the
Department of Public Works, the Board deems it advisable to grant the application for Access
Permit, AP14-00468.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Inspiring Talkers, c/o John and Brandi-Lynn
Greig, for Access Permit, AP1400468, be, and hereby is, issued.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
�I�� � WELD COUNTY, C ORADO
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ATTEST: G �j // �J �r rn\cil-D .(AYE)
Douglas Fademacher, hair
Weld County Clerk to theXCUSED
BY. 14. Barbara Kirkmeyer, Pro-Tem
Deputy Clerk to the Board &, -C----- . r-----
(AYE)
Sean-P. Conway
APPROVED AS TO FORM: 'f c run 0 (AYE)
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Wftfiam F. Garcia
Date of signature: 1/7k1-°/11
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a
public hearing will be held in the Chambers of the Board of County Commissioners of Weld
County, Colorado, Weld County Administration Building, 1150 O Street, Main Assembly Room,
Greeley, Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the
requesting party. In accordance with the Americans with Disabilities Act, if special
accommodations are required in order for you to participate in this hearing, please contact the
Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
DATE: November 19, 2014
TIME: 9:00 a.m.
APPLICANT:
Inspiring Talkers
do John and Brandi-Lynn Greig, Owners
17548 CR 13
Platteville, CO 80651
REQUEST: Consider Appeal of Decision of Department of Public Works Denying Access
Permit Application, AP14-00468
LOCATION: Requested Access Point off of County Road 13, south of County Road 38
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 13, 2014
2014-3618
Esther Gesick
From: BrandiLynn Greig [brandilynngreig@inspiringtalkers.com]
Sent: Tuesday, November 18, 2014 10:50 AM
To: Esther Gesick
Subject: Return Receipt(read): Notice of Hearing -Appeal re: AP14-00468
Attachments: MDNPart2.txt
This is a Return Receipt for your message
To: "brandilynngreig)ainspiringtalkers.com"
<brandilynngreig(dinsoiringtalkers.corn
Subject: Notice of Hearing - Appeal re: AP14-00468
Sent: 2014-11-18 08:50
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1
HOME ° CHAPTER 2: Administration. , M ... RD
TABLE OF CONTENTS: =`x ART E I Winter ste on:.
ARTICLE I Board Procedures .7=... 'ARTI L X"r`Greele -Weld: u Al horit
ARTICLE II Genera( olicies ARTICLE X fl l n v Park Atria
ARTICLE 111 Planning and Zoning Ma ` 4 ARTICLE XII Miscellaneous II i
ARTICLE IV Hearings ` " t o ARTICLE XIII Weld Count,Ad` gSystem
ARTICLE V Road and Bridge Policies 0 k ARTIC E IV Service: Plans fqt
lstricts r ,";
ARTICLE VI County Motor Vehicles: t #�`s£ .... . AR I LEXV Con Inuit of
ARTICLE VII Equipment Management rH 4 +; ARTICLE0CVI:Emergency Management; 4,q
ARTICLE VIII Disposition of Recovered Property APP I - + "
ARTICLE IV
Hearings
Sec. 2-4-10. Appeals process.
The Board of County Commissioners shall act as a board of appeals to hear complaints on actions
taken by County boards, commissions and departments. Except for decisions made by the Board of
Adjustment and Uniform Building Code Board of Appeals, procedure for appeals shall be as set forth in
this Chapter,by resolution of the Board,or as otherwise provided by law.
A. Any person appealing an action by a County board, commission or department to the Board
of County Commissioners shall file such a complaint, in writing, with the Clerk to the Board within
sixty(60)days of the incident in question.
B. Such complaint shall include:
1. The name of the employee,board, commission or department against which the complaint
is made.
2. A description of the basic facts involved in the complaint.
C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to
be held within fifteen(15) days of the filing of the complaint, and shall notify all parties involved in
the incident.
D. The Board of County Commissioners shall hear all the available facts pertinent to the
incident, may schedule a second hearing within thirty (30) days following the initial hearing if the
Board determines such a need, and shall render a determination within thirty (30) days of the final
hearing.
E. No person shall be denied the right to appeal, provided that he or she complies with the
administrative procedures established by the Board. (Weld County Codification Ordinance 2000-1)
Sec. 2-4-20. Refusal to renew a liquor license.
Chapter 12,Article II, specifies the guidelines for the refusal to renew a liquor license in the County.
(Weld County Code Ordinance 2004-3)
MEMORANDUM
� - r.�y TO: Jay McDonald, Public Works DATE: November 6, 2014
c 0 u N T Y FROM: Janet Lundquist, Public Works
SUBJECT: AP14-00468 Denial Appeal
Weld County Public Works has received an access permit application AP14-00468 that was denied. The
applicant is requesting an additional access point off of CR 13 south of CR 38. The denial for the access
request is due to three reasons:
1. The access would be a net increase of accesses. The parcel has an existing access point off of CR 13 for
residential use.
Sec. 12-2-30. 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 access point 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 on arterial roadways.
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.
Page 1 of 2
O:UANET\Access Handouts&Letters\Access Permit Denial 110614.docx
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.
3. The requested access point is in an area with a slight sight distance problem. The proposed access point
has approximately 450-600 feet of sight distance. The required sight distance for a 55mph speed zone is 550
feet. This means that there might not be adequate spacing for the new access point.
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 2 of 2
O'.\JANET\Access Handouts&Letters\Access Permit Denial 110614.docx
erg Inspiring Talkers
titi� ` 11169 East 125 Frontage Rd. #B
ers
vv' Firestone. CO 80504
4.41 Ce" 720-378-6670
October 28, 2014
Dear Janet Lundquist,
We are writing this letter in response to the denial we received for our access permit associated with USR for
17548 WCR 13, Platteville CO, 80651. We were provided with 3 reasons for denial, which will be discussed in
detail below.
1. Denied due to to inadequate spacing between driveways. The county desires distance of 660 feet
between any access points off WCR 13.
• The distance between our current driveway and the desired access point is 360 ft. This has been an
approved access point for Miantenoma Reservoir.
• Many access points of surrounding areas do not meet the 660 ft differential
o distance between our driveway and the neighbor across the street is 180 ft
O distance between our driveway and the neighbor to the south is 290 ft
• The property at 17830 WCR has 2 access points that are 215 ft apart. Additional access points for
neighbors to that property include:
O Access 100 feet north,
O Access 250 feet south
• Access 350 feet south.
Given that the access we are requesting to use was already on the property when we purchased it, that it had
been granted as an access for Miantenoma Reservoir with the known distance of 360 from our driveway & that
most other access points in our area do not meet the reported 660 foot desired separation, we would like our
request to be reconsidered.
2. Denied due to safety concerns with site distance from the access point looking south.
The current site distance from our driveway looking southward on WCR 13 is 600 feet, as exhibited in the
following photo.
A
From the proposed access point, the site distance is 660 feet, as exhibited in the following photo.
The site view from the access point requested allows for increased vision of on-coming traffic as compared with
our currently used residence driveway at this location.
Upon reviewing other access points for residential, oil, and farms within 5 miles of our location, it was
determined that the many site distances in this section of WCR 13 vary between 450'and 600'. Please refer to
three examples of site distances that are lower than that of our requested access.
Address: 16165 WCR 13, Site Distance 600'
" w'
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Address: 15501 WCR 13, Site Distance 650 feet
int
13.61104 1,13
r . -
Address: Pipeline Access(south of WCR 13 &WCR 34), Site Distance 480 feet
•
As residents of this location, we are very aware of the amount of traffic and the speeds at which some vehicles
are traveling. We have been working closely with the Sheriff's office to increase patrols in the area. As a result,
we have already begun to see an increase in their presence. We believe that this presence will ensure that vehicles
are traveling at the posted 55 MPH limit, instead of attempting to use higher speeds.
Additionally, we will provide each family who attends our facility with a written letter informing them of the
potential speeds and line of site concerns. This will be part of every families intake packets to ensure that they
are informed and aware to increase their caution and attention when entering and existing through this access
point.
3. Denied due to additional value brought to property when a second access point is added.
When we purchased this property in May 2014, the property maps we were provided & forms within the title
documents all showed 2 access points. The primary access point is the driveway into the residence. The second
point is located 360 feet to the north, allowing access to the Miantenoma Reservoir. The value of the property
was completed with that information and a purchase was completed with that knowledge. We are now
requesting to use this access point in our USR application, as a driveway for our business not just access to the
lake. No additional value will be brought to the property because that was already considered in the value and
original purchase price.
Due to the shape and slope of the property, we do not feel that moving the access to the most northern part of
our property would be the best solution. The slope at the most northern part is very steep and would require
significant grading which may affect the lake shore at that point. Additionally, we feel that it would be safest if
the driveway could go straight east for a distance and this would not be possible due to the shape and angles of
the property at that location.
We are requesting that the access point be reconsidered with the information provided in this letter as evidence of
our consideration for the reasons it was initially denied.
Sincerely,
John & Brandi-Lynn Greig
Inspiring Talkers Owners
17548 WCR 13
Platteville, CO 80651
720-252-6849
Esther Gesick
From: Bruce Barker
Sent: Thursday, November 06, 2014 4:06 PM
To: Esther Gesick
Cc: Janet Lundquist; Jay McDonald
Subject: RE: BOCC Agenda Item
Yes. See 12-5-100:
Sec. 12-5-100. Appeal of denial of Access Permit.
If an application for an Access Permit is denied by the Department of Public Works, or the applicant objects to any of the
terms or conditions of a permit thereby placed by the Department of Public Works, the applicant has the right to appeal
the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2-4-10
of this Code.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "0" Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
ti j
•
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 attorney privileged and 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: Esther Gesick
Sent: Thursday, November 06, 2014 2:59 PM
To: Bruce Barker
Cc: Janet Lundquist; Jay McDonald
Subject: FW: BOCC Agenda Item
Bruce,
Does this fit into the traditional Chapter 2 Appeal process?
Esther E. Gesick
,_12"k c
1
.R .
'' r
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: Janet Lundquist
Sent: Thursday, November 06, 2014 4:00 AM
To: CTB; Francie Collins
Cc: Jay McDonald
Subject: BOCC Agenda Item
Hi Ladies,
Can you please schedule a hearing item for an appeal to an access permit denial on Wednesday, November 19th at the
9am hearing?The applicant appealing the denial will want to attend the hearing and needs some advance notice.Thank
you for your help.
Janet Lundquist
Traffic Engineer
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax-970.304.6497
r-
^ \ Y
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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
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contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
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