HomeMy WebLinkAboutBEST BUY PUD - Filed OA-OTHER AGREEMENTS - 2003-05-28Sh !MP/Side:287/342.676/rig
COLORADO DEPARTMENT OF TRANSPORTATION Local Jurisdiction: Ft. Collins
Dist/Section/Patrol:04/01/04
STATE HIGHWAY ACCESS PERMIT DOT Permit NO.: 492045
Permit Fee: N/A
Date of Transmittal:09/22/92
THE PERMITTEE;
George Holter Phone: (303) 226-1900
c/o Holter Realty
3501 S. Mason Street
Ft. Collins, CO 80525
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. This permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and 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 theirduly 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 existing 500' south of Boardwalk Dr. on the right/east
side of State Highway 287. Request is to share the existing access
and to extend an existing deceleration lane serving the adjacent
property to the north.
ACCESS TO PROVIDE SERVICE TO:
Existing access currently serves a shopping center with drug store
anchor tenant. A new 25,000 s.f:_retail use on the adjacent
property will share the existing right—in/right—out access.
OTHER TERMS AND CONDITIONS:
1. This permit is only for the use and purpose stated in the
Application and Permit. A change in the use of the property
which results in a change in the type of driveway operation
may require reconstruction, relocation, or conformance of
the driveway to the Access Code.
2. The existing median in SH 287 restricts the existing access
to right—in/right—out only
3. Reconstruction or improvements to the access and deceleration
lane 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.
*** SEE DESIGN ATTACHMENT EXHIBIT "A" ***
MUNICIPALITY OR COUNTY APPROVAL
Required onl hen he approp 'ate local authority retains i suing authority.
By (X Date �l Title o ek Z;VY,�eeA11,01qZ 4wevl
Upon the signing of this permit the a ittee agrees to the 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 shal! notify _City of Fort Collins Engineering Dept. _
q+q�Cprrtq}�x�yg�{ Inspection Division at (303) 221-6609
at least 48 hours prior to commencing construction within the State Highway right-of-way.
r F iumideA must be the owner or legal representative of the property served by the permitted
access and have ful 0 94&ticcept er it is terms and conditions.
tRarmitteeii(�c) Date
This per not vali( ipfit by a duly authorized representative of the Department.
DEPARTM IT TION, STATE OF COLO7"'
By (X) ate Title
(Dat4, 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 CDOT Form #101
2. Applicant MTCE Patrol Traffic Engineer 7/91
The following paragraph are pe ant highlights of the State Highway Access � e. 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 issue a new permit, or require the applicant to submit a new application 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 or applicant wishes to appeal the Department's decision to the Commission, the appeal 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. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy of 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 is the responsibility of the permittee to complete the construction of the access according to the terms and 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 the event it becomes necessary to remove any 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 necessary to 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 by the permittee without cost to the 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 at all times during access construction, in conformance with the Manual on Uniform
Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and 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 the change. A change 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 require the reconstruction or relocation of the access. Examples of changes in access use are;
an increase in vehicular volume by 20 percent, or an increase by 20 percent of a 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 by the 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 under the 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 roadway, 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.
EXHIBIT "A"
Z. The extension of the deceleration lane shall be constructed
according to the approved utility plans entitled "Best Buy
P.U.D." on file with the City of Fort Collins Engineering
Department.
2. Surfacing of the deceleration lane shall be done according to
the City of Fort Collins Design Criteria and Standards for
Streets.. The pavement section shall be approved by the City
of Fort Collins Director of Engineering prior to commencement
of construction of the deceleration lane.
3. The deceleration lane shall be surfaced immediately upon
completion of earthwork construction and prior to being used.
4. Construct curb, gutter, sidewalk, and access ramps as shown on
the approved utility plans and according to the City of Fort
Collins Design Criteria and Standards for Streets.
5. Drainage to the State Highway right-of-way shall not exceed
the historical flow.
6. If frost is present in the subgrade, no surfacing material
shall be placed until all frost is gone or removed.
7. The Developer is responsible for any utilities disrupted by
the construction of the deceleration lane and/or related site
improvements and shall bear the cost of all expenses incurred
for repair.
8. COPY OF THIS PERMIT MUST BE ON THE JOB WITH THE CONTRACTOR