HomeMy WebLinkAboutFOSSIL CREEK NURSERY PUD - Filed OA-OTHER AGREEMENTS - 2003-11-04SH No/MP/Side: 287/339.753/LT
COLORADO DEPARTMENT OF TRANSPORTATION Local Jurisdiction: Fort Col l ins
Dist/Section/Patrol: 4/1 /04
STATE HIGHWAY ACCESS PERMIT DOT Permit No.: 496086
TEMPORARY ACCESS PERMIT EXPIRES ON OR BEFORE 3 YEARS Permit Fee: 4V O OO
Date of Transmittal: 08/21, 96
THE PERMITTEE; Applicant:
Fetco LLC Jack and Christine Fetig
1546 41st Avenue Court 1546 41st Avenue Court
Greeley, CO 80634 Greeley, CO 80634
Phone #: (970) 226-4924
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway Access Code and listed attachments. Th(s permit may be revoked by the issuing
authority if at anytime the permitted access and its useviolate any of thetermsand conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
Access is to be located on State Highway 287, a distance of 3,300 feet North from County
Road 32 on the West side. (7029 South College Ave., Fort Collins, CO 80525)
ACCESS TO PROVIDE SERVICE TO:
A retail Plant Nursery with a total building square footage of 14,000 square feet.
OTHER TERMS AND CONDITIONS:
1) This permit is only for the use and purpose stated in the Application and Permit.
A change in use in the property which results in a change in the type of driveway operation
may require reconstruction, relocation, elimination (if access to another public street is
avalible), or conformance of the driveway to the State Highway Access Permit.
2) This permit is a temporary access permit for full movement access to the parcel
indicated and is good for up to three (3) years from the date of issuance. At that time
the access point will be reevaluated and may be limited to a right -in right -out, limited
to a right -in right -out and left -in, eliminated or left as a full movement access. The
existing access point can not be eliminated unless another point of access is avalible.
3) At the time a connection to a local street is possible this parcel must provide
access to the site from the local street and at that time the access point onto State
Highway 287 will be reevaluated and may be limited to a right -in right -out, limited to a
right -in right -out and left -in, eliminated or left as a full movement access.
********* SEE EXHIBIT A - TERMS AND CONDITIONS ********
MUNICIPALITY OR COUNTY APPROVAL
Required only whe theropriate Jocal authority retai issui g authority.
By (X) Date Title ' A
Upon the signing of this permit the permi grees tot e terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify City of Fart Collins Engineering - Inspection Diyisirin
X Dave Stringer at (9700) 221-6605
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have full
authority t accept the permit and all it's terms and conditions.
Permittee (X) Date /d 2
I I Ills fivl"mlt iS.., t vaiiq,untl! ''Oneo f aVtnu iz eri rE'plro'litative me Department.
DEPARTMENT OF' ISPORI AT ION, STATE OF COLORADO
B D I orm Iy- Opf N_ !Q ,CFSS COpo I -
y ASS Date — Ilse
(bate of issue)
COPY DISTRIBUTION: Required, Make copies as necessary for, Previous Editions are Obsolete and will not be used
1. District (Original) Local Authority Inspector COOT Form #101
2. Applicant MTCE Patrol Traffic Engineer 7/91
The following paragraph are pertinent highlights of the State Highway Access Code. These are provided for your convenience
but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available
from your local Issuing authority (local government) or the Colorado Department of Transportation (Department). When this
permit was Issued, the Issuing authority made Its decision based in part on Information submitted by the applicant, on the
access category which is assigned to the highway, what alternative access to other public roads and streets is available, and
safety and design standards. Changes In use or design not approved by the permit or the issuing authority may cause the
revocation or suspension of the permit.
I Appeals
1 Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of
the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado
Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons
for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him.
2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. If
agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit
accordingly, or issuea new permit, or require the applicant tosubmita newapplication for reconsideration. Changes in the
original application, proposed design or access use will normally require submittal of a new application.
3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to
the permit, if the permittee orapplicant wishestoappeal the Department's decision to the Commission, theappeal must be
brought to the Commission within 60 days of transmittal of the permit.
4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk
and Recorder.
II Construction standards and requirements
1. The access must be under construction within one year of the permit date. However, under certain conditions a one year
time extension may be granted if requested in writing prior to permit expiration.
2. Theapplicant shall notifythe officespecifted on the permitat least 48 hours prior to construction. Acopyof the permit shall
be available for review at the construction site. Inspections will be made during construction.
3. The access construction within highway right-of-way must be completed within 45 days.
4. It isthe responsibility of the permitteeto completethe construction of the accessaccording tothetermsand conditions of
the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In theevent it becomes necessaryto removeany right-of-way fence, the posts on either side of the access shall be securely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire
removed are Department property and shall be turned over to a representative of the Department.
6. A copy of the permit shall be available for review at the construction site. if necessary, minor changes and additions shall be
ordered by the Department or local authority field inspector to meet unanticipated site conditions.
7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall
not interfere with the drainage system in the right-of-way.
8. Where necessaryto remove, relocate, or repair a traffic control device or public or private utilities for the construction of a
permitted access, the work shall be accomplished bythe permittee without cost tothe Department or issuing authority, and
at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond
that which is allowed in the permit shall be repaired immediately.
9. Adequate advance warning is required atall times during access construction, in conformancewith the Manual on Uniform
Traffic Control Devices for Streets and Highways. This may includethe useof signs,flashers, barricadesand flaggers. This
is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
agents and employees shall be held harmless against any action for personal injury or property damage sustained by
reason of the exercise of the permit.
III Changes In use and violations
1. If there are changes in the use of the access, the access permit -issuing authority must be notified of thechange. Achange in
property use which makes the existing access design or use in non-conformance with the Access Code or the terms and
conditions of the permit, may requirethe reconstruction or relocation of the access. Examples of changes in access use are;
an increase in vehicular volume by 20 percent, oran increase by 20 percent of directional characteristic such as a left turn.
The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors -in -interest and heirs.
3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
IV Further Information
1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a
completed permit application form with the issuing authority. The issuing authority may take action only on the request for
improvement. Denial does not revoke the existing access.
2. The permittee, his heirs, successors -in -interest, and assigns, of the property serviced bythe access shall be responsible for
meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. The Department shall maintain in
unincorporated areas the highway drainage system, including those culverts underthe access which are part of that system
within the right-of-way.
3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has
returned the permit signed and paid any required fees.
4. The Department may, when necessary for the improved safety and operation of the road•.vay, rebuild, modify, remove, or
redesign the highway including any auxiliary lane.
5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written
concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at
the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property
which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction or
relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall
be determined by reference to the standards set forth in the Access Code.
Date: July 29, 1996
Exhibit A
Terms and Conditions
1 The Permittee shall refer tc all additional standard requirements on the back of this Permit
and any enclosed additional terms, conditions, exhibits and noted attachments.
2. If there are any questions regarding this permit, please contact Sheri Wamhoff at (970)
221-6750.
3 Incorporated as part of this permit are the following:
Application for Access Permit (CDOT Form No 137)
Both sides of the Permit (CDOT Form No. 101)
Exhibits: "B"- Utility/Access Plan
4. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1),
and is based in part upon the information submitted by the Permittee. This Permit is only
for the use and purpose stated in the Application and Permit. Any changes in traffic
volumes or type, drainage, or other operational aspects may render this permit void,
requiring a new permit to be applied for based upon existing and anticipated future
conditions.
5. If necessary, minor changes, corrections and\or additions to this permit may be ordered by
the Department inspector, other Department representative or local authority to meet
unanticipated site conditions. Changes may not be in violation of the Code. All major
changes to the plans must be approved in writing by the Department prior to
commencement of any work on or within the State Highway right-of-way.
6 Left turn movements in and out of this access may be prohibited at some future date.
7 Reconstruction or improvements to the access may be required when the Permittee has
failed to meet the required design and\or material specifications. If any construction
element fails within two years due to improper construction or material specifications, the
Permittee is responsible for all such repairs.
8 The Permittee is responsible for obtaining any necessary additional federal, state and\or
City\County permits or clearances required for the construction of the access. Approval
of this access permit does not constitute verification of this action by the Permittee.
9 All costs associated with the installation of this access are the respo, isibility of the
Permittee. This includes the design, construction, utility relocation, t:,sting of materials
and inspection
Terms and Conditions (Continued)
10 Landscaping shall not obstruct sight distance at any state highway access point.
11, Permittee is responsible for any utilities disrupted by the construction of this access and all
expenses incurred for their repair.
12_ Survey markers or monuments must be preserved in their original positions. Notify the
Department at (970) 350-2173 immediately upon damage to or discovery of any such
markers or monuments at the work site. Any survey markers or monuments disturbed
during the execution of this permit shall be repaired and\or replaced immediately at the
expense of the Permittee.
13 The Permittee or the contractor shall notify Dave Stringer with the City of Fort Collins at
(970) 221-6605 at least two working days prior to beginning any access improvements or
construction of any kind within the state highway right-of-way. Failure to comply with
this requirement may result in the revocation of this permit.
14. When it is necessary to remove any highway right-of-way fence, the posts on either side of
the access entrance shall braced with approved end posts and in conformance with the
Department's M-607-1 standard, before the fence is cut, to prevent slacking of the
remaining fence All posts and wire removed shall be returned to the Department.
15. Speed change lane shall be provided in accordance with Exhibit "B".
16. The access shall be constructed 25 feet wide, with a 40 foot radii as per Exhibit `B"
17 The access shall be constructed perpendicular to the travel lanes of the state highway for a
minimum distance of 40 feet, and shall slope down and away from the adjacent pavement
edge at a rate of 2% grade for a minimum of 20 feet
18 All required access construction shall be completed prior to the herein authorized use of
this access.
19. The access shall be surfaced immediately upon completion of earthwork construction and
prior to use.
20_ Surfacing shall meet the minimum standards of the City of Fort Collins, but are subject to
the final soils testing and report. The minimum surfacing requirements are as follows:
State Highway 287 (major arterial street) shall be a minimum of 12 inches full depth
asphalt (Grade C with a subsurface Grade G) or Portland cement concrete design (Class
P) The access shall be a minimum of 8 inch thick concrete pavement for a minimum of 20
feet from the State Highway 287 right-of-way-
Terms and Conditions (Continued)
21 If frost, water or moisture :s present in the subgrade, no surfacing materials shall be placed
until all frost, water or moisture is gone or removed.
22 The access shall be constructed and maintained in a manner that shall not cause water to
enter onto the roadway, and shall not interfere with the existing drainage system in the
right-of-way Drainage to the state highway right-of-way shall not e-ceed the historical
rate of flow.
23 A COMPLETE COPY OF THIS PERMIT SHALL BE ON THE JOB WITH THE
CONTRACTOR AT ALL TIMES DURING CONSTRUCTION. If necessary, minor
changes and additions may be ordered by the Department or local authority field inspector
to meet unanticipated site conditions FAILURE TO COMPLY WITH THIS OR ANY
OTHER CONSTRUCTION REQUIREMENT MAY RESULT IN THE IMMEDIATE
SUSPICION OF WORK BY ORDER OF THE DEPARTMENT INSPECTOR OR THE
ISSUING AUTHORITY