City Council Minutes 1999 09 07 - Laserfiche WebLink

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is one where the adjoining property owners do not necessarily have the absolute legal right to access onto the road. He stated that a lot of this depends on the classifications that the Colorado Department of Transportation makes of its rights-of-way. Mayer asked Light who defines limited access highway. Light replied that the Colorado Department of Transportation would need to make that determination, because the definition of arterial highways says that it has to be a limited access highway that is either part of the Federal system or constructed under the Colorado Department of Transportation supervision. He explained that staff's thought was to speak with the Colorado Department of Transportation about the classification for Highway 42 and how they define that under both the access code and other classification standards. He agreed with Wood that the second issue is whether the proposed intersection of 96th Street and Highway 42 is, in fact, proposed for the purposes of the 1041 regulations. The applicant would not be required to get a 1041 permit unless this was a 'proposed arterial intersection'. That is the issue that staff has been reviewing. The City of Louisville adopted their 1041 regulations to say that a permit is required for development in areas around arterial highway interchanges. The City defines those areas to be areas directly affected by the interchange, whether existing or proposed. He explained that, in some sense, the ordinance is self-executing but it still leaves open the question of when is something 'proposed' and therefore all the areas within one mile of that need a 1041 permit. Mayer asked Light for the definition of interchange. He explained that normally an interchange means more than an at-grade intersection. Light replied that there is no definition of interchange in House Bill 1041. Mayer asked for clarification that House Bill 1041 refers to an interchange. Light replied, it does. Mayer questioned whether interchange would simply be an at-grade intersection. He stated that he was uncertain what exactly was being asked of Council with regard to the 1041 process. He explained that his preference would be that any 1041 processes occur concurrent with the PUD process so the applicant is aware, all along, of what is happening. Wood replied that staff would be happy to do so. He explained that they were not going to assume that the City had determined that this is a proposed project. He stated that developments within one mile of the three interchanges on US 36 are clearly subject to 1041 regulations. He stated that the staff did not want to lead the applicant through a development process with a 1041 permit if it is not required. 18