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Home My WebLink About20110116.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV#1000139 AGAINST TRAVIS BELL/NUTRITIONAL SUPPLEMENTS, LLC, FOR VIOLATION OF THE WELD COUNTY CODE 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,Travis Bell and Nutritional Supplements, LLC, ZCV#1000139, are allegedly in violation of the Weld County Code, and WHEREAS,despite efforts by the Planning staff to resolve said matter,the violation has not been corrected, and WHEREAS, on the 11th day of January, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Travis Bell, property owner, was not present; however, the tenant, Nutritional Supplements, LLC, represented by Rita Connerly, was at said hearing, and WHEREAS,the Board of County Commissioners determined the property was in compliance and deems it advisable to dismiss said matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#1000139 be, and hereby is, dismissed with a finding that there is a Nonconforming Use (NCU) that exists and the property owner will vacate the use as of June 30, 2011. Q, . P L V D\ 2011-0116 a r I I PL0824 VIOLATIONS -ZCV#1000139 - TRAVIS BELL/NUTRITIONAL SUPPLEMENTS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLD DO ATTEST: / A, vd h lx— arbara Kirkmeyer, C)air Weld County Clerk tot Bo: ; _ c- BY: � ?3 0\,,..,2�' li Sean �P�.JC ay, Pro-TernC Deputy Clerk to the Bo�+% g- �.- ",.!�'i W • m Garda (mil) APP D A F RM: c3`�(ll David . Long ice_ ' ounty Attorney EXCUSED Douglas Rademacher Date of signature: ;5/7 2011-0116 PL0824 ost*:, moot COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00139 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 1791 CR 13 BELL TRAVIS Mailing Address: 1791 CR 36 BERTHOUD, CO 80513 Phone: 801-309-5299 VIOLATION CONTACTS: RITA M. CONNERLY WELLS FARGO CENTER, SUITE 2400 303-830-2400 FAIRFIELD AND WOODS, P.C. DENVER, CO 80203-4524 KEVIN LAMAR klamar83@aol.com NUTRITIONAL SUPPLEMENTS, LLC, CO PARCEL: 120705000010-R4714686 Acreage: 103.82 Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT DITCH (22A)ALSO EXC S & E OF MEAD LAT(12RES2R2D) LOCATION: Location: North of and adjacent to CR 36 and West of and adjacent to CR 5 North: Agriculturally Zoned properties and approximately 1/2 South of Mead Municipal boundaries South: Agriculturally Zoned properties and approximately 1/2 North of Mead Municipal boundaries East: Agriculturally Zoned properties and approximately 1 mile West of Mead Municipal boundaries West: Agriculturally Zoned properties and approximately 1 1/2 miles east of County Line NOTIFICATION INFORMATION: Certified Date 12/27/2010 Certified Reference Number 7008 3230 0000 0473 3028 Certified Receipt Date E-mailed Letter Date 12/28/2010 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 1 "Agriculture Zone District" 23-3-20"Uses by Right" 23-3-30"Accessory Uses" Chapter 23, Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana Infused Products." 23-4-1000"Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical marijuana infused products in any zone district." 23-4-1010"Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district." wink. Planning Department ZONING VIOLATION CASE SUMMARY 23-4-1020"Definitions" VIOLATION REMEDY: As we have previously discussed, the property is considered to be operating in violation of the Weld County Zoning Ordinance, Chapter 23. My records indicate while Travis Bell submitted a Nonconforming Use application (NCU-516), the application was deemed incomplete. Staff sent a courtesy letter to Mr. Bell on July 14, 2010 explaining the information submitted did not seem to justify the existence of a Nonconforming Use prior to June 1, 2010. We also discussed staffs opinion during an office meeting on December 9, 2010. Furthermore, Peggy Gregory, Building Compliance Officer, is processing the Building Violation issues. RECOMMENDATION: The Department of Planning Services recommends this case be referred to the County Attorney's Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 10/29/2010 Initiated Violation 11/30/2010 Violation Notice Violation 12/22/2010 Hearing Notification OTHER CASE HISTORY: 10/01/2010 E-mail received From: schellcpa@aol.com Imailto:schellcpa@aol.comj Sent: Friday, October 01, 2010 3:23 PM To: Tom Parko Subject: Fwd: 1791 WCR 36 More info Here you are Tom: Mike, The tenants at the farm are in fact growing medical marijuana. It is the model grow operation for the rest of the state in regards to the Medical Marijuana industry. Local, state, and federal authorities have all toured the property and consider it to be the model operation for the rest of the county conceming Medical Marijuana. The tenants have spent between 1.2-1.5 million on upgrades to the property. Their permit with Weld county is up on July 11, 2011, and they will be vacating the property at that time. They will be leaving approximately $500,000 to$750,000 in upgrades to the three existing barns. The lease is essentially a $15,000 per month triple net lease, and only encompasses the house and three barns. I can assign this lease to your buyers if they are interested. The rest of the farm can be owned and occupied immediately. The excavation in the west meadow you asked about is nothing more than a couple of trenches that were dug in anticipation of building a state of the art green house. However,Weld County denied the application for a building permit, and the trenches have simply not *41; vole Planning Department ZONING VIOLATION CASE SUMMARY been filled in yet. At$15,000 per month the lease is a tremendous ROI and the tenants couldn't be better tenants with impeccable reputations. Colorado Senator Romer introduced me to them and I'm sure you would be veryimpressed with them. They are not at all the type of people you would think would be involved in the Medical Marijuana business. All of employees were hired away from the best vineyards in Napa valley 10 years when Medical Marijuana was made legal in California. The principles are all former CEO's of some very large companies; Schwinn, Champion sports, and Weider industries, just to name a few. According to the lease $150,000 will be paid to the owner of the property 10/01/2010 E-mail received "E-mail continued** between now and July 11th, 2011. Let me know if you have any other questions Thanks, Travis Bell 11/23/2010 Phone call Shortly after leaving the site, I received a phone call from a Rita Connolly, who indicated she was the attorney representing Mr. Bell. She indicated she had been working with Bruce Barker and this property was in compliance. She indicated that she had the signed original Affidavit in her file, but if we needed it, she would send it to us. I explained that until we received the entire NCU application, we were not even capable of determining if this site was a legitimate Nonconforming Use or not. She said that was not her understanding from conversations with Bruce. We very briefly discussed my inspection. She said Bruce told her that the tstop work ordert didn't matter. They could use the buildings anyway. She indicated that upon Bruce's return we really needed to schedule a conference call or something. I said that would be great. She indicated she left him a voice mail. Her phone number is 303-894-4411 11/30/2010 Phone call Rita Connerly called. She indicate she left another message for Bruce again explaining that she really wanted to meet as soon as he returned. She indicated that a while ago she had a conversation with a Tom and a Ken. They gave her a list of like 11 items that needed to be completed to move this thing along. She asked me to e-mail her that list of the 11 items. (rconnerly@fwlaw.com) I indicated I would see if I could get my hands on the list. She said that would help because they spend $14,500 a week on gas for the generator and if they could get the electric it would be a win/win for everyone. I gave her a heads up on my violation letter. She was very upset. She asked me to wait until Bruce returns. I indicated that I could not since we were trying to make the deadline for the January Violation Hearings. She said she and Bruce were very specifically trying to avoid a hearing in front of the Board. I advised her that we would discuss the case with her upon Bruce's return. 12/09/2010 Office visit Kevin Lamar(303-717-1442 & klamar83@aol.com), Rita Connerly, Bruce Barker, Tom Parko, Ken Swanson, Peggy Gregory and I (Bethany Salzman) met at the Greeley Planning Office to discuss COLORADO Planning Department ZONING VIOLATION CASE SUMMARY the Travis Bell property. We discussed the 3 (three) barns. The last week in May Ken Swanson, Building Official, conducted a site inspection with Travis Bell. In Building B, Ken indicated the building was completely empty(no plants/shelves, etc). In Building C, they had just started framing (no plants, etc). Ken was going to visit Building A-closest to the house, but Travis indicated it was the same as Building B and C. Ken said there was however, NO electricity in Building A, because he saw wires coming out to nothing (no generator, no electric). Ken issued a Stop Work order(which Travis also indicates in his notes). Rita claims that she visited the property just before the June work session and there was a generator and plants inside Building A. She said Building B & C were vacant and not finished upon her inspection. Ken explained that even though the Stop Work Order was issued-they obviously continued construction. Ken offered to type of his notes of the 10 or so items missing from the building application and would e-mail them to everyone. We then discussed the NCU. By their own admission, Travis written admission and discussion with David Garafolo (tenant/worker), at least buildings B & C were not in use as of June 1, 2010, so they can not be considered a NCU. We discussed the January 11,Violation Hearing. We discussed a site inspection on January 7, which Rita will attend. MISC NOTES: they indicated they spend approximately $40,000-45,000 in overhead expenses each month. They indicated they have sunk approximately 1.7 million into this property. They indicated they have over 1600 patients and keep documentation on the property. 12/10/2010 E-mail received From: Kenneth Swanson <kswanson@co.weld.co.us> To: KLamar83 <KLamar83@aol.com>; rconnerly <rcon nerly@fwlaw.com> Cc: Tom Parka <tparko@co.weld.co.us>; Trevor Jiricek <tjiricek@co.weld.co.us>; Bethany Salzman <bsalzman@co.weld.co.us>; Bruce Barker <bbarker@co.weld.co.us>; Peggy Gregory <pgregory@co.weld.co.us>; Frank Piacentino <fpiacentino@co.weld.co.us> Sent Fri, Dec 10, 2010 7:57 am Subject:Travis Bell Project/ 1791 CR36 Dear Kevin and Rita, Per our meeting yesterday afternoon, below is the list you have requested of the outstanding issues not addressed on the construction documents or supplied at the time of application submittal. - Address occupancy loads for Fl, not warehouse(1/100sq.ft. per IBC1004) - Letter from employer stating all employees have access to the restroom to the residence on site at all times of employees hours - Accessible parking, entrance - Accessible route to bathrooms unit COLORADO Planning Department ZONING VIOLATION CASE SUMMARY - ComCheck-building envelope, mechanical and electrical - Sheetrock-address humidity (IBC 2508.2) - Septic information - Water information - Lease agreement - Structural engineer sign of for existing buildings (meets the design criteria of Weld County) - Unisex bathroom not allowed - Fire District notification Please note, after the permits are issued, the recently installed wall and ceiling coverings in the buildings will need to be removed before an inspection could be performed. Inspectors will not sign off something they cannot see. If you have any questions or I can help in anyway, please contact me at any time. Regards, Ken Ken Swanson, CBO Building Official Weld County Building Department 1555 N. 17th Avenue Greeley, Co 80631 PH: (970) 353-6100 Ex.3548 FAX: (970) 304-6498 kswanson@co.weld.co.us 12/10/2010 E-mail received From: Kevin Lamar[mailto:klamar83@aol.com] Sent Friday, December 10, 2010 2:50 PM To: Kenneth Swanson; rconnerly@fwlaw.com Cc: Tom Parko;Trevor Jiricek; Bethany Salzman; Bruce Barker; Peggy Gregory; Frank Piacentino Subject: Re:Travis Bell Project/ 1791 CR36 Ken Thanks for the forward will review and get back with you. Kevin 12/20/2010 Phone call Travis Bell (801-309-5299) left me a voice mail. He indicated that he had received notice of a violation. He indicated he no longer lives in the state. He said he wanted to make sure the tenants received notice as well. He said he only rents the property out, he has nothing to do with the operations or structural improvements. He asked me to contact him on his cell phone 801-309-5299. 12/21/2010 Phone call at approximately 1127, Peggy Gregory, Ken Swanson, Tom Parko and I (Bethany Salzman) attempted to contact Travis Bell (801-309-5299). No answer. The recording said "I'm sorry but no voice mail has been set up for this number."and it hung up. Noe COLORADO Planning Department ZONING VIOLATION CASE SUMMARY 12/22/2010 Phone call at approximately 0949, Peggy Gregory, Ken Swanson, Tom Parko and I (Bethany Salzman)attempted to contact Travis Bell (801-309-5299). No answer. The recording said "I'm sorry but no voice mail has been set up for this number." and it hung up. INSPECTION SUMMARY: Zoning Inspection 11/23/2010 Noncompliance Bethany Salzman Inspection Result Comment During an on-site inspection with Weld County Drug Task Force and I, the following items were noted: A David Garofolo (408-417-5369) indicated he lives on the property and is an employee for the Medical Marijuana operation. He indicated he leased the property from Mr. Travis Bell about 5-6 months ago. Officer Gutierrez asked"so like June". He said yeah that is when I got here. He said Travis had started some construction, but nothing was finished. He said he had to do most of the construction himself. He indicated his consultant was a Brett Barner(a retired attorney). He is a registered patient. Another gentleman came out of his bedroom (I did not catch his name), but he was also a registered patient. He indicated he also lived and worked there. Deputy Pastrana asked how many plants they had on site. He said oh, probably 6800. We walked the property and went through each building. The first building had a very large generator connected to it. The inside was completely finished. It had heat, water and electricity. The grow rooms are very temperature controlled. This building had approximately 568 in the"Veg" (non-mature) stage. They also had approximately 98 in the"Clone" (beginning) stage. They also had a large amount of"Clippings"(ready to be turned into"Clones"). The second building was in the"green light" phase. They indicated they would probably be ready to start cutting it next week and get it drying to start processing. Zoning Inspection 11/23/2010 Noncompliance Bethany Salzman Inspection Result Comment ***PART 2***There were 2700"Budding" (mature flowering) plants in this building. Again this building had heat, water and electricity. The second building was close to being ready to go to the"green light' phase. It was a 2 story building with plants on both levels. This building had 3800 plants. Again this building had heat, water and electricity. This building also had visible cameras. We also discussed their fertilizer/nutrients. They mainly use CANNO. I asked how they disposed of the dirt/run-off. They said since this was their first crop, they hadn't decided that yet. I advised them to contact the Health Department. There was also 3 (three) cargo containers. 2 (two) of them were watering sources- 1 for each mature building and 1 they intended to utilize as a "drying" building. I asked how many they have processed/cultivated so far. They said this was the initial crop and they are just getting ready to cultivate for the first time. They indicated they planned on converting the attached garage into a processing area. I advised them to speak to the building department. Towards the end of the inspection another gentleman arrived on the property. I did not catch his name, but his license plate was Colorado 924-VM. It was an older yellow pick-up. See pictures dated 11/23/10. Forward report and pictures to tanya.gutierrez@greeleypd.com rte` ete,\ 6 - COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 December 27, 2010 TRAVIS BELL DAVID GAROFOLO 1791 CR 36 BERTHOUD,CO 80513 Zoning Violation Case: ZCV10-00139 Situs Address: 1791 CR 13 Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT DITCH (22A)ALSO EXC S & E OF MEAD LAT(12RES2R2D) Dear Bell Travis: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on )11111201 10:00 MI The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 "Agriculture Zone District" 23-3-20"Uses by Right" 23-3-30 "Accessory Uses" Chapter 23, Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana Infused Products." 23-4-1000"Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical marijuana infused products in any zone district." 23-4-1010"Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district." 23-4-1020 "Definitions" To bring your property into compliance with the Weld County Code: As we have previously discussed, the property is considered to be operating in violation of the Weld County Zoning Ordinance, Chapter 23. My records indicate while Travis Bell COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 submitted a Nonconforming Use application (NCU-516). the application was deemed incomplete. Staff sent a courtesy letter to Mr. Bell on July 14. 2010 explaining the information submitted did not seem to justify the existence of a Nonconforming Use prior to June 1, 2010. We also discussed staffs opinion during an office meeting on December 9, 2010. Furthermore, Peggy Gregory. Building Compliance Officer, is processing the Building Violation issues. This hearing will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley. Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Additionally, we have made tentative arrangements to conduct a site inspection with Rita Connerly on January 7, 2011 at 10:00 AM. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate that your were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter. please call me. U;S. Postal Service,,, Sincerely, :CERTIFIED MAIL. RECEIPT • I1 •-?Domestic Mall Only;No Insurance Coverage Provided) F.•. eltveryinforin 'onvisk urwe•-iteatwww.us•ac tn® ethany Salzma. J M1 Postage $ Zoning Compliance Officer II Certified Fee Postmark File: ZCV10-00139 m Return Receipt Fee - OO (Endorsement Required) Here Peggy Gregory, Building Compliance Officer O Restricted Delivery Fee(Endorsement Required) Electronic Copy: rconnerlv@fwlaw.com o $ m Total Postage&Fees Klamar83na aol.com ru Sent T2.-- O Street,Apt.No.; p� O or PO Box Na. ' 1 Ct CAL iy.State. )J: _. 6iS Form 3800,August 2006 See Reverse for instructions (it ate, DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17'"AVE, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 • Fax: (970) 304-6498 COLORADO December 27, 2010 TRAVIS BELL DAVID GAROFOLO 1791 CR 36 BERTHOUD CO 80513 Subject BCV10-00071, Part of the SE4 of Section 5, T3N, R68W, of the 6t" P.M., Weld County, Colorado Dear Mr. Bell: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 11,2011,at 10:00 a.m. The property is in violation of the following Sections of the Weld County Code: Section 23-3-10 "Building permit required." Section 29-3-40 "Additions, alterations or repairs." Section 29-3-320 "Change is use." Section 29-11-20 "Stop orders." Section 29-11-30 "Occupancy violations." To bring your property into compliance: All required information shall be submitted to complete processing of the building permit applications that have been submitted, fees paid, the permits issued, and all inspections completed. This hearing will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center,915 10th Street, Greeley,Colorado. It is recommended that you ora representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation,the action necessary to correct the violation,and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. nce ly, %AV Ain Peggy Gregory Building Compliance Officer pc: BCV10-00071 Bethany Salzman, Zoning Compliance Officer Electronic Copy: rconnerlvOfwlaw.com Klarmar83(ahaol.com n tem iggig C COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 November 30, 2010 TRAVIS BELL DAVID GAROFOLO 1791 CR 36 BERTHOUD,CO 80513 FAIRFIELD AND WOODS,P.C. RITA M.CONNERLY WELLS FARGO CENTER, SUITE 2400 1700 LINCOLN ST DENVER, CO 80203-4524 Zoning Violation Case:ZCV10-00139 Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT DITCH (22A)ALSO EXC S & E OF MEAD LAT (12RES2R2D) Situs Address: 1791 CR 13 Dear Mr. Bell, Mr. Garofolo and Ms. Connerly: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 "Agriculture Zone District" 23-3-20 "Uses by Right" 23-3-30"Accessory Uses" 23-3-30.K.Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be allowed for storage of goods inside the unit on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Two (2) cargo containers may be allowed on property of less than eighty (80) acres in size, when not on a LOT in an approved or recorded subdivision or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Up to five (5) cargo containers may be allowed on property equal to or greater than eighty (80) acres in size. Additional containers may be allowed on all lot sizes, as described in Subsection 23-3-40.AA. A cargo container used for storage shall require the issuance of building permits. The following conditions shall apply: r f",\ fits, COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 1. Electricity is the only utility which will be connected to the cargo container used for storage. 2. The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 3. The property upon which the cargo container is to be located must be a LEGAL LOT. 4. The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 5. A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 6. A cargo container used for storage shall be removed from the property upon cessation of the USE. 7. The cargo container may not be used in any manner to display a sign. Chapter 23, Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana Infused Products." 23-4-1000"Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical marijuana infused products in any zone district." 23-4-1010 "Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district." 23-4-1020"Definitions" To bring your property into compliance with the Weld County Code: As I indicated during my site inspection on November 23, 2010, the property is considered to be operating in violation of the Weld County Zoning Ordinance, Chapter 23. My records indicate while Travis Bell submitted a Nonconforming Use application (NCU-516), the application was deemed incomplete. Staff sent a courtesy letter to Mr. Bell on July 14, 2010 explaining the information submitted did not seem to justify the existence of a Nonconforming Use prior to June 1, 2010. Please contact Tom Parko, Planning Manager to discuss NCU-516. He can be reached at(970)353-6100, Ext. 3572. Furthermore, Peggy Gregory, Building Compliance Officer, is processing the Building Violation issues. She may be reached at(970)353-6100, Ext. 3568. ractit,10,‘ fiat) COLORADO DEPARTMENT OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 12/30/2010 to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call S' cerely, ethany Salz n Zoning Compliance Officer II File: ZCV10-00139 WELD COUNTY ATTORNEY'S OFFICE J Weld County Planning Department 915 TENTH STREET GREELEY OFFICE P.O. BOX 758 GREELEY CO 80632 Nnv 3 o➢nln WEBSITE: www.co.weld.co.us C RECEP,aED PHONE: (970) 336-7235 Q� FAX: (970) 352-0242 COLORADO November 29, 2010 Rita Connerly Attorney at Law Fairfield &Woods, PC Wells Fargo Center 1700 Lincoln Street, Suite 2400 Denver, Colorado 80203-4524 RE:Travis Bell, Marijuana Grow Operation Dear Ms. Connerly: This letter is written regarding the marijuana grow operation referenced above. As you are aware, on November 23, 2010,the site of the marijuana grow operation was visited by members of the Weld County Drug Task Force and by the Weld County Zoning Compliance Officer, Bethany Salzman. Ms. Salzman reported to the undersigned that a marijuana grow operation was being conducted without authorization. The inspection conducted by the officers and Ms.Salzman revealed that there were in excess of 7100 marijuana plants being grown on the property.The inspection further revealed that the growing operation was being conducted in three very large buildings equipped with electricity, heat and water. Also present on the property were three cargo containers which had been altered and which were equipped with electricity.The individual who took the deputies and Ms. Salzman through the facility (David Garofolo), explained that they expected to bring another cargo container onto the property. In addition, Mr. Garofolo explained that they expected to begin to process the marijuana plants in the very near future, and offered that the processing would take place in the cargo containers and/or the garage connected to the single family home located on the property. Following her departure from the facility, you telephoned Ms.Salzman and told her that the operation had been approved. That is not the case. What follows in this letter is a list of the many violations of the Weld County Building and Zoning Code which are present on the property and an explanation as to why the facility is not permitted to operate. November 29, 2010 Page 2 The Weld County Code (a copy of which is included with this letter), states that in order to conduct a marijuana growing facility after July 1, 2010, a party must submit an application for a non-conforming use (NCU), to the Weld County Department of Planning Services. That use must then be approved, as the submittal of the application in and of itself does not authorize the use. In order for that use to be approved,the applicant must submit an affidavit that sets forth the nature and extent of the non-conforming use as of June 1, 2010, and a representative of the Weld County Department of Planning Services must then inspect and verify the facts set forth in the affidavit.The use, as it existed on June 1, 2010, cannot expand or change after that date. In the case of the operation on the Travis Bell property, a complete application was never submitted (see letter to Mr. Bell dated July 14, 2010), and no approval of the NCU was granted. Moreover, it is clear from the statements made by Mr. Garofolo, and by others who have been contacted by Weld County officials, there is no evidence which could justify the size of the current operation on the Bell property. On June 1, 2010,the three existing barnlike structures were in the process of being converted to growing facilities and were not operational. On June 1, 2010,there was no evidence of any number of marijuana plants on the property, much less 7100 plants. As stated above, a medical marijuana NCU is a continued use of land as it existed on the property on June 1, 2010. The current use has obviously grown, and cannot be considered an NCU. In addition,the remodel or alterations of the buildings on the site were never permitted. In late May of 2010, a Stop Work Order was issued by the County Building Official, Kenneth Swanson, prohibiting continued construction on the first of the three cultivation buildings. As you can see by the letter from Mr. Bell, he was aware of that order. In spite of the order, work continued and the buildings were completed without obtaining a permit or the required inspections. Naturally, no Certificates of Occupancy were granted by the County, and all three are being utilized in violation of the County Building Code. Further Zoning Code violations include the existence of more than two cargo containers on the property.The Weld County Code allows the existence of only two containers on the property. Under the Weld County Code, permitted cargo containers cannot be modified or altered in any fashion, and cannot be 'electrified' to allow heat or light. Therefore, all cargo containers which have been altered must be removed. Mr. Garofolo stated that they intended to begin to harvest and process the marijuana which has been grown on the property. The processing of the marijuana is not an allowed use on the property. That function is not allowed because Weld County has never allowed the processing of marijuana; only the cultivation of the plant was allowed in limited circumstances.Thus, it is not permitted under an NCU and cannot be permitted under current provisions of the Weld County Code. 1 November 29, 2010 Page 3 As you are aware, Mr. Barker is expected back in his office on December 6, 2010, and you may contact him at that time, if you have further questions. If you have further questions about provisions of the Weld County Code,you may find them at the Weld County website. Your Sidp nie L. cries Assistant Weld County Attorney PC: B. Barker T.Jiricek B. Salzman T. Parko K. Swanson Chapter 23,Article 111(3), Division 1 "Agriculture Zone District" 23-3-20"Uses by Right" 23-3-30"Accessory Uses" 23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits.The following conditions shall apply:23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair.Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake,wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in,the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. Chapter 23, Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana Infused Products." 23-4-1000 "Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical marijuana infused products in any zone district." 23-4-1010 "Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district." 23-4-1020 "Definitions" Nonconforming Use Sec.23-7-10.Intent. Within the zoning districts established by this Chapter or amendments thereto, there exist LOTS, STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendment. It is the intent of this Article to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival.It is further the intent of this Article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning district. Nonconforming USES are declared by this Article to be incompatible with permitted USES in the zoning districts involved. Sec.23-7-20.Nonconforming lots. In any district in which SINGLE-FAMILY DWELLINGS are permitted, a SINGLE-FAMILY DWELLING and customary accessory STRUCTURES may be erected on any single LEGAL LOT, notwithstanding limitations imposed by other provisions of this Chapter. This provision shall apply even though such LOT fails to meet the requirements for LOT area that are applicable in the zoning district, provided that bulk requirements other than those which apply to LOT area shall be met. Variance of bulk requirements shall be obtained only through action of the Board of Adjustment. Sec.23-7-30.Nonconforming uses of land. Where at the time of passage of this Chapter, or of passage of future amendments of this Chapter, a lawful use of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the use may be continued so long as it remains otherwise lawful provided that the following conditions are met: A. Extension or expansion. 1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption of the ordinance codified herein or amendment of this Chapter without first having received a special review permit pursuant to the procedure established in Article II,Division 4 of this Chapter. 2. A nonconforming USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection of additional SIGNS intended to be seen from off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such nonconforming USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE at the effective date of adoption of the ordinance codified herein or amendment of this Chapter. B. Substitution of USES. 1. A nonconforming USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district, provided that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing nonconforming USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 2. Whenever a nonconforming USE is replaced by a permitted USE, the nonconforming USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. C. Abandonment. If any such nonconforming USE of land ceases for any reason for a period of more than six(6) months, any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such LOT or parcel is located. Sec.23-7-40.Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT coverage, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. Should such nonconforming STRUCTURE or nonconforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be restored except in conformance with the provisions of this Chapter. Ordinary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. B. Expansion or enlargement. No such nonconforming STRUCTURE or nonconforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its nonconformity, except that those STRUCTURES that are nonconforming by reason of noncompliance with existing SETBACK requirements may be expanded or enlarged so long as such expansion or enlargement does not further diminish the nonconforming SETBACK. No expansion or enlargement of STRUCTURES shall be allowed within an existing right-of-way. C. Substitution of STRUCTURES. Should such nonconforming STRUCTURE be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. D. Existing Building Permits. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans or construction of any STRUCTURE on which actual construction was lawfully begun prior to the effective date of adoption of the ordinance codified herein or amendment of this Chapter and upon which actual construction has been carried on diligently.Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing STRUCTURE has begun preparatory to construction, such excavation, demolition or removal shall be deemed to be actual construction, provided that a building permit for the new STRUCTURE has been issued and the preparatory work is carried on diligently. (Weld County Codification Ordinance 2000-1) Sec.23-7-50.Nonconforming uses of structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption of the ordinance codified herein or amendment of this Chapter that would not be allowed in the zoning district under the terms of this Chapter, the USE of such STRUCTURE or r STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost at time of destruction shall not be restored, except to gain conformance with all provisions of this Chapter. The nonconforming USE may not be reestablished after restoration. Ordinary repairs, the value of which do not exceed fifty percent(50%) of replacement cost of the STRUCTURE,may be permitted. B. Expansion or Enlargement. 1. A nonconforming USE may be extended throughout any parts of a STRUCTURE which were manifestly arranged or designed for such USE at the time of adoption of the ordinance codified herein or amendment of this Chapter, but no such USE shall be extended to occupy any land outside such STRUCTURE without first having received a Special Review Permit pursuant to the procedures established in Article II, Division 4 of this Chapter. 2. A nonconforming USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such nonconforming USE shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such USE on the effective date of adoption of the ordinance codified herein or amendment of this Chapter. C. Substitution of USES. 1. A nonconforming USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district. However, the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing nonconforming USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 2. Whenever a nonconforming USE is replaced by a permitted USE, the nonconforming USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. D. Abandonment. When a nonconforming USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more than one(1)year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Chapter for the zoning district in which such STRUCTURE or STRUCTURE and premises are located.(Weld County Codification Ordinance 2000-1) Chapter 23, Article 111(3), Division 1 "Agriculture Zone District" 23-3-20"Uses by Right" 23-3-30"Accessory Uses" 23-3-30.K Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit. A cargo container used for storage shall require the issuance of building permits.The following conditions shall apply:23-3-30.K.1 Electricity is the only utility which will be connected to the cargo container used for storage. 23-3-30.K.2 The cargo container used for storage will not be used on any basis as a DWELLING or as overnight or temporary housing for any person. 23-3-30.K.3 The property upon which the cargo container is to be located must be a LEGAL LOT. 23-3-30.K.4 The applicant shall not remove any structural component of the cargo container used for storage making it unmovable. 23-3-30.K.5 A cargo container used for storage shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake,wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance,vandalism or infestation with vermin or rodents. Any such cargo container used for storage shall be restored to, and maintained in,the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from site. 23-3-30.K.6 A cargo container used for storage shall be removed from the property upon cessation of the USE. 23-3-30.K.7 The cargo container may not be used in any manner to display a sign. Chapter 23,Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of Medical Marijuana or Medical Marijuana Infused Products." 23-4-1000"Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical marijuana infused products in any zone district." 23-4-1010 "Prohibition of the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana infused products manufacturers' licenses in any zone district." 23-4-1020 "Definitions" • r • �� s%,) 1 T• Y : V SVk) M . .s . � k I 33 \ ' , A s 4 J 'v N p °i 0 \ y kJ \a L, \I k , ; II: ci • • •iii _ )-1 lI% ° zai •� y. . t t' v \I' t k fir. �1� y �`\ y. t, • � t � l&a. 1 ti " t U • rsiN '2,'1 .I • \c). � •A •�� -14 N -4. -4 �•. � \ 1 a 1 d : � 1\N ; ''fir, , • '` 'S te. `i'' C ' rl� V i i t` NI :1/4„\x,, i `'%` II k NI. 3 t, pis \;� tr ti `. w 1� % �`U per\ %tk 'v �1` a v 4i a `' ' ,red ,N4-4': , : %. 1 •1• ''t ) h L --Z • �, \I * 3 1Ut ! fljt e'N. f ' 1 2 y N . 4 em.\\‘' 1 ti 'N.€, ,k; )N‘ Ct itt. Cuo 1 i g 4\ ' li ) 1 y,: V v u .V j� t 1 -. �� t ° , �� v ` U a • c { mss vl t r\ L. 1'9 s - � I.c r , teCt . C:•:, 3 y ti , • ` yr • • . �; o s = � � � � �0. f) ; 4to 4 b s� C �' t I •--‘.L: n ova � u � � � � �"�, � �` I 3 ' •s 3 i. � N P - > h 4\ U � 1i$'a : 3 5 U h FAIRFIFLD ANDWOODS,P.C. Wells Fargo Center,Suite 2400.1700 Lincoln St.•Denver,Co80203.4524 ATTORNEYS AND COUNSELORS SI NCL• 1934 Tel:303-830-2400 Fax:303-830-1033.www.fwlaw.com Rita M.Connelly direct:303-894-4411 email:rconneriy@fwlaw.com Mr. Bruce Barker Weld County Attorney 915 Tenth Street PO Box 758 Greeley, CO 80632 Re: Verification of Conforming Use 1791 WCR 36 Dear Bruce, Fairfield and Woods, P.C. is representing Nutritional Supplements, LLC, lessee of that certain property located at 1791 WCR 36, Berthoud, CO 80513 (the "Property"). Pursuant to the City's request for information verifying that the Property was used for the Medical Use of marijuana, as defined in Article XVIII, Section 14 of the Colorado Constitution prior to June 1, 2010, the following information is presented. The Property is zoned Agricultural. Weld County Code Sec. 23-3-20 allows the cultivation, storage and sale of crops, plants and flowers as a use by right in Agricultural Zone Districts. The cultivation or "production" of marijuana for strictly medical use is authorized by the Colorado Constitution, Article XVIII, Section 14, where the production is undertaken by a primary care-giver. Josh Stanley was designated the Primary Care-Giver by multiple patients and documentation of such information, pursuant to Article XVIII, Section 14 of the Colorado Constitution, is maintained in the state health department's confidential registry and accessible, in certain circumstances, to authorized law enforcement agencies. A copy of such records are also maintained by Nutritional Supplements in a secure, centralized location. Josh Stanley is sole member of Nutritional Supplements. (Attachment 1) Where the production was done by a primary care-giver and strictly for medical use Mr. Stanley and Nutritional Supplements, LLC is exempt from the criminal laws of the State of Colorado and, as such, the operations on the Property were legal agricultural operations. FAIRFIELD ANDW00DS,Rc. ATTORNEYS AND COUNSELORS SINCE 1934 July 30,2010 Page 2 Beginning May 1, 2009, Colorado sales tax licenses for Nutritional Supplements, LLC were obtained. (Attachment 2) Production activities related to the Medical Use of Marijuana commenced on the Property in Barns A, B and C("Barns") after consultation with Weld County officials on November 24, 2009, confirming that no permits were required (Attachment 3) Over the following weeks, in reliance on information from Weld County and the existing Weld County Code, the agricultural plant growing operation was commenced, equipment was purchased and improvements to the Barns began (Attachment 4). A formalized lease dated March 15, 2010 was negotiated and executed between Nutritional Supplements and the Property owner, Mr. Travis Bell. (Attachment 5 is first and last page of lease) Pursuant to Colorado Constitution Article XVIII, Section 14 (2)(e), "Any property interest that is possessed, owned, or used in connection with the medical use of marijuana shall not be forfeited under any provision of state law providing for the forfeiture of property. . . " Pursuant to Weld County Code Sec. 23-7-10, "Within the zoning districts established by this Chapter or amendments thereto, there exist LOTS, STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated or restructured under the terms of this Chapter or future amendment. It is the intent of this Article to permit these nonconformities to continue until they are removed or abandoned." Prior to the County's recent enactment of Division 14 to the Weld County Code, the use of the Property conformed with the State Constitution, State law and the Weld County Code. Nutritional Supplements possesses property interests in and on the Property and has invested significant resources in reliance upon the State Constitution, Weld County's Code and information obtained from Weld County personnel. As a lawful, conforming land use prior to the effective date of new Code Section, Division 14, it is the desire of Nutritional Supplements to continue the existing use on the Property for the duration of its Lease Agreement. Uniform and consistent procedures for the FAIRFIELD ANDWOODS,Pc. ATTORNEYS AND COUNSELORS SINCE 1934 July 30,2010 Page 3 grandfathering of lawful uses that subsequently become non-conforming due to later zoning code amendments are clearly codified in Weld County's Code and such regulations should not be dissimilarly applied to this Property. We understand the Commissioners objectives and welcome the opportunity to work with you to achieve a mutually satisfactory resolution of this matter. Sincerely, ita onner y FA FIELD AND WOODS,P.C. C: Weld County Department of Planning Services EXHIBIT 1. MINUTES OF MEETING OF THE MEMBERS OF NUTRITIONAL SUPPLEMENTS,LLC A meeting of the membership of the above named limited liability company was held on March 18,2009,at 10:00 a.m.at1248 Clarkson Street,Denver,Colorado,for the following purpose(s): To adopt the membership records of the Company identifying Josb Stanley as the sole Member of Nutritional Supplements,LW. Josh Stanley acted as chairperson,and Josh Stanley acted as secretary of the meeting. The chairperson called the meeting to order. The following members were present at the meeting. JOSH STANLEY The following persons were also present at the meeting,and any reports given by these persons are noted next to their names below: Name and Title Reports Presented,If Any After discussion,on motion duly made and carried by the affirmative vote of ALL of the MEMBERS,the following resolutions)was/were adopted: A RESOLUTION TO ADOPT THE MEMBERSHIP RECORDS OF THE COMPANY:BE IT RESOLVED,that the Membership Records shall reflect that Josh Stanley is the Sole Member of the Company,and is entitled to all the right and privileges of a Member of Nutritional Supplements,LLC. There being no further business to come before the meeting,it was adjourned on motion duly made and carried. Date:3/Y Signature: Printed Name: do J A stain. Title: 14A-tint 4-P C 1 EXHIBIT oZ raft' /al Mar anewtome STATE COUNTY csattormseo C01 Rann I ARTMFR USE ACCOUNT NUMBER LIABILITY FIFORrATION mean= 1tAIn SALES TAX for alrerereneee . ftsl m I .da k-I rawer as �<:a,• the WEIR Li LICENSE 49-69115-0005 06049 6 f0010q aw 90 .0;9 - WIN ueeNeeuusrBE POSTED AT THE FOLLOWING wCA ION 1479 W EISENHOWER ST MTR AIS or A CONSPICUOUS PLACE: LOVELAND CO IL,611mnhlRm,6lmld,6611nd,6nlnlnld„ILI NUTRITIONAL SUPPLEMENTS LLC 2042 ARAPAHOE ST DENVER CO 80205-2509 ggtenightAs Department of Revolve A DETACH HERE HPORTANC NOTICE horn the Colorado DepaMlerd of Revenue Please VERIFY that all h ifts,matkm on your new sales license Is correct.You can notify the Department of errors by cafirng(303)238-SERV(7378),by e-mail at Customer Support on our web site wwwdo.com or by writing to: Colorado Department of Revenue Denver CO 80261-0013 Preprhted forms will be mailed within six weeks.Tax reporting and payment am your responeiblilty whether or not you re- ceive your retains before the fling deadline.Blank tax forms can be obtained from our Web site www.komolorado.com or by calling(303)238-FAST(3278).In order to avoid late penalties and interest,retorts must be POSTMARKED on or before the due dais.You must notify the Department If you discontinue sales at this location. IMPORTANT INFORMATION ABOUT YOUR LICENSE Colorado law requires that you to the required sates tax returns even when you have no retail sales activity.if you do not He the required sales tax returns,the Department will automatically close your account and this Acense will no romper be vend. NEW AUTOMATED SERVICES FOR AND ABOUT"BUSINESSES The Colorado Department of Revenue Sales Tax information System provides the following automated services • Colorado Sales Tax rates-find specific city,county and special distil rates. • Verification of Sales Tim License end Exemption Numbers-determine whether a Colorado sales tax license or exemption certificate is valid. • Tax Rates by Account Number-find sales tax rates and vocations for specific sales tax accounts. The new system in online at wetterviewstataco.us or by phone at(303)238-FAST(3278).For general Information elf w texcokomdmcom or call(303)238-SERV(7378). SERVICE CENI62 L00411014: DENVER EERvICE CENTER GRAND JUNCTION SERVICE CENTER 1376 Sherman Street 222 S.Sldh Street,Room 208 Denver CO 80281 Orand Junction CO 81801 . COLORADO SPRINGS REGIONAL SERVICE CENTER PUEBLO SERVICE CENTER 4420 Auatln&efts Partway 310 E.AbdandoAvenue,Suite A4 Colorado Scrimp CO 80918 Pueblo CO 81004 • FORT COLLINS REGIONAL SERVICE CENTER 1121 W.Prospect Rd,Building D Fort Cons CO 80628 reA 'mot aThamn Mat in.cautatiesso banint STATE COUNTY Cot RAM I ARIMFR _ USEACCOUliir NtLtrat LIA&LRY SFORVAllON OATS �Av1LID SALES TAX laud edererm ri * .re **I * I es► II"I .� al,. a1 LICENSE 49-39115-0003 08081 8 100109 FEB 04 tO 2011 Tr®LOME MAT BE POSTED*TYNE FOLLOWING LOCATION THIS EIS NOT INACCNsec CONSPICUOUS PLACE 1228 W ELIZABETH ST UNIT D8 LE FT COLLINS CO RnLl6nddlloollmLLLLILuLl.o6dnLLdLi NUTRITIONAL SUPPLEMENTS LLC 2042-2048 ARAPAHOE ST DENVER CO 80205-2509 INnier Ilepnhnerd dRsvernre A DETACH HERE IMPORTANT NOTICE from the Colorado Deparhrela of Revenue Please VERIFY that al information on your new sales license Is correct.You can notify the De of amore �calling(303)238-SERV(7378 by e-mail at customer Support on our web alto www�taaoosi or by • Colorado Dement of Revenue Denver CO 80261-0013 Preprinted tams will be mailed within six weds.Tax reporting and payment me your resparoiilityv r or not you re- ceive par returns before the fling deadline.Blank tax forms can be obtained from our Web site wirnotexcedoredserun or by calling POSTMARKED on or boor by c date. must(3O3)238-FAST(W4 In order to avoid late penalliee and Interest ratans must be notify the Department If you d7awname sales at this location. IMPORTANT INFORMATION ABOUT YOUR LICENSE theCo rauo sales tax law thatretu you theme requDepired uir d s tax returns even when you have no retail sales sadly. If you do not file automatically dose your account and this license will no longer be valid. NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The Colorado Department of Revenue Sales Tax Information System provides the 1hdlowing automated services • Catered*Sales Tax rates-find specific city,comfy and special district rates. • Vedfioa@an of Sales Tax License and Exemption Numbers-determine whether a Colorado sales tax license or elmmpt on certificate Is valid. • Tax Rates by Account Number-find sales tax rates and locations for specific sales tax accounts. The new system Is online et insectexview.shrtmcasus or by phone at(303)238-FAST(3278).For general Informaln visit wrrw.t onclo.eom or cart(303)298-SERV(7378). SERVICE CENTER LOCATIONS: DSIVER SERVICE CENTER GRAND JUNCTION SERVICE CENTER 1375 Sherman Street 222 S.Seth Street,Room 208 Denver CO 80281 • Grand Junction CO 81801 COLORADO SPRINGS REGIONAL SERVICE CENTER PUEBLO SERVICE CENTER 4420 Aydin EGA%Padasy 310 Colorado Springs CO 80818 4venue Sae A4 Pueblo O COO 88101004 FORrC0LLINS REGIONAL SERVICE CENTER 1121 W.Preened Rd.,Buiding D Fort Cones 00 80528 • 1227" Mmdswel(Mega taxes for: STATE COUNTY commumm COI RA0f1 I ARTMFR 118E ACCOUNT NUMBER imam ea ATWN bowl DATE:. withyg waai SALES TAX feraemfaem®e ®.l a sat It.. rads wade.I _ :: fa :31MANH1 31 LICENSE 42-89115-0003 08031 R 100109 •®GT 30,09 : `• . 2009 TIES I .11'B18E GIST MT POSTED AT THE FOLLOWING LOCATION 719$LIC�g CBS NOT RACCN8PIC PLAca 3601 S COLLEGE AVE. TRIu F 1CBLE FT COLLINS CO ILJJlmnlJUnnl.I.nik.LIJI..J.Lul..1..IJnlLJ NUTRITIONAL SUPPLEMENTS LLC 2042 ARAPAHOE ST DENVER CO 80205-2509 J/ s iic vet Dep t...4atRniw • • DETACH HERE IMPORTANT NOTICE • • I . from the Colorado Department of Revenue • Please VERIFY that all Information on your new sales license is correct You can notify the De nt of errors by calling(303)238-SERV(7378),bye-mal w at Customer Support on our web alto ww ,,eS• mdo cos or by writing to: • Colorado Department of Revenue Denver CO 80261-0013 . Preprinted forms will be mailed within six weeks.Tax reportiing and payment are yotr responsibility whether or not you re- ceive your returns before the fling deadline.Blank tax forms can be obtained from our Web site www.laxederadacent or,POSTMARKED an or before the due y calling�You must 238-FAST� In order to nt if late penalties end Interest,returns must be notify Department if you discontinue sales at this location. IMPORTANT INFORMATION ABOUT YOUR LICENSE Colorado low requires that you file the required sales tax returns even when you have no retail sales activity.If you do not fie the requbed sales tax returns,the Department wit automatically dose your account and this license will no longer be valid. NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The Colorado Department of Revenue Sales Tax Information System provides the following automated services: * Colorado Sales Tax rates-find specific dty,county and special district rates. * Verification of Sales Tax Ucense and Exemption Numbers-delei ine whether a Colorado sales tax license or exemption aatificets Is valid. * Tax Rates by Account Number-find sales tax rates and locations for specific sales tax accounts. The nun system to online at www tmrWeataum.so.usor by phone et(303)238-FAST(3278).For general information visit www.tsaacofpadacom orca(303)238-SERV(7378). SERVICE CEN7Eft LOCATIONS: • DENVER SERVICE CENTER GRAND JUNCTION SERVICE CENTER 1376 Sharman Street 222 8.86dh Street,Room 208 Denver CO 80291 Oland Junction CO 81601 • COLORADO SPRINGS REGIONAL SERVICE CENTER PUEBLO SERVICE CENTER • • 4420Austin Birds Parkway Springs CO 80918 310 E.ueeblo COendo 81004Avenus.Sulfa A4 Colorado FORT COLD Nil REGIONAL SERVICE CENTER 1121 W.Prospect Rd.,Striding D • Fort Catena CO 80528 • - I:• M IV OC PS ypyZ a 3 9 5 m 1 et c4 4 .;rs 2 L . s ; • jtn 9 v . i • s. r: ea ; S m 3 ' • 1 q �" y EXHIBIT e �_ • St!: N 1 :.\c: l': ki .4: i ‘' , t ki ii AV, ‘ ‘‘.1 �! ` s . ,„..ciN . r ,, -.);. 1 ". t •\4 Li 4.1,,• TsH rn� • t t> i;), .. ,% \i‘ \),• ti ) . vt , 1\•.- J \ • • ,� '' . \ ' Z \• 1 e\ •; • ky -.1� ff �' I i u' H . 0UC . ` NJ t I\a tt4Ztj \ �� '' ‘‘,. . • 4 ,i c ..\•4 t, 0, Zg\- ....i.---:! • 1 4 ti : •1. t 4. cLl 'Is k ti .4 i 4„__4: us: i it. ity 1N : t " i • is . n b t `^ k H `` r 111" '1 il , t. '-k. a � \ I y. . -{, H I, t -1. . N-: `). “ -c. lc A ) 1O4 prq *4 4 .n: .j1 i -4e 4N t i. ., , 4 ;ii te t, C I .7-r 4 . 4 . • tit . 1 7, , .it IA , ,;i , , , i , , • , l' \ V N --t. ut..A., ) --1, v L. N tom,, 4 \ A , j\ j -0-0 'i• e a • • . `k 14+ Pa' \-1. N, 1 4 \_ 2 . 1. 1 I\ t % lit) Y- ‘ X TPA 1�^hl G I1 . 1 \ \ v S h e d k a ; . , - $ i .i 1 o 1 t N� - h J z• . _,) Thti k ' '' t, 1 ,. 1 -,,,„ : A &-) ,,, ) t',„, ° 4 W . h Jq ic� t 4N ,, let .4 ) , ti z 4iUn• . Ilk 4 -A i � ` 3 �'s �0. 4• ) 4b '& S r, •--- \' r 414 EXHIBIT a a OLot I t L"ir-rtw 250 Broadway 1100 Denver CO 60203 303-300.65L0 2/6/2010 4:03:18 PM. SAT Ticket: 15329 - RagtD: I Location: Let it Grow Denver Clerk: 85 mike Customer ID: mike•keenan `/ Payments Amount illy Description Amount ---_------_ __---_-_-- -- CASH $321.00 1 RARE EARTH 1.5 LB (96 6111321, 56.59 ._-___._•-__ I1 128296) Total: $322.00 (Was $8.24. Saved $1.65) Change: $0.01 1 GH DIAMOND BI.ACK I LB (SI $5.50 CJ11341. It 2364) (Wes $6.98, Saved $1.40) Tote) Saved: $74 . 75 1 OM MAXI GRO 4 LB (S$ 0111212. $23.98 I1 1171 (Was $29.98, Saved $6.00) ---•- ---- --• 1 OH MAXI BL00M 4 LB (S1 681222. $23.98 Tax Jurisdiction Sales Tax f$ 119) •---------------- -__... (Was $29.98. Saved $6.00) Denver $298.91 $23.08 1 clonex gel 25001 (SI 7280111. $35.00 567383) (Wes $45.00, Saved $9.001 All returns subject to approval 6 25$ 1 humbolt sea nag qt (SI 723(768. $19.19 restocking tee. II 594808) Receipt required for all returns. Stare credit (Was-$23.99, Saved $4.80) only. I Sea Ca) qt (86 72300, II $27.19 141245) (Was 433.99, Saved $6.601 48 GRODAW 198)0 6X6X5.8 (S1 £124.80 713085. (1 026790) (Was $3.25, Saved $31.20) 4 DOME. MOW 7" (SI 726241, II $22.24 442923) (Was 45.95, Saved $5.56) M( iDI PROP TRAY 10X20 (64 $9.36 IDTRAY. 11 2214181 (Was $1.95, bayed $2.34) Sub Total: $298.91 law: $23.08 Mal: $321.99 Item Count: 65 Let It Grow 250 Broadway 1100 Denver CO 80203 303-300-6500 11/22/2009 3:40:26 PM. SUN 9 Active AMA Pump 550 (4'11 (SI $143.84 Ticket: 12908 - Reg1D: I AAPW550. 11 290144) n Location: tat It Grow Denver (Was $44.95, Saved $35.96) clerk: 85 2 ACTIVE AQUA 400 (,PH PUMP (St $43.12 AAPR400, It 886193) mike/keenan (Ras $26.95, Saved $10.78) Customer 1D: mtke I 2X4 WRITE FLOOD TABLE.(S1 $55.98 BCPT2X4, It 425436) (Was $89.95. Saved $13.99) $49.56 Oty Description Amount (Was $61.95. Saved $12.39) • 1 25 gal ras cover black (St $25.56 • 1 . 2 RADIANT 8" A/C REFLECTOR (SR $303.92 N/A) RDBAC. 14 1350) (Wes $31.95. Saved $6.39) (Was 1180.95, Saved 175.98) 1 15 HF 4' 4 TUBE SYSTEM $151.96 2 SM 1000W SUPER HPS (S4 SI. $190.40 'W/TUBES (SI FLP44, 14 313347) _ 1000I.U25.VRD, II 1416) (Was $189.95, Saved $37.99) � (Was$119.00, Saved $47.60) 10 MEDIUM ROMAIRSTDHE (St $28-00 ---------- - -------" "' (.1. 2 BALLAST-NEXTIEN 1000 (St 1838.32 728410. 14 2206) Payments Amount �U 1a11COO. It 512241) (Was $3.50. Saved $7.(10) (Wes$398.95, Saved $159.58) 1 ACTIVE AQUA COMER AIR 8 (St $52.76 CASH $4,220.22 2 15' (/S LAMP CORD EXTEN (SI 131.92 PU70L, 10 3431) -------. CSXC3RD, I1 1630) (Was $55.95. Saved $13.19) total: $4,220.22 (Was $19.95, Saved $7.98) 1 SLACK HOSE ROLL 1/4" IHSD 1' $12.80 2 40 gal resevoir bottom (St 1127.92 (SO 1101825, 11 3536) l-o to 1 Saved: $97fl.4" 701155, It 124763) (Was $16.00. Saved 13.20) (Was$79.95, Saved $31.98) 2 IF DUAL OUTLET TIMER (St $28.72 2 40 GAL RESERVOIR LID ONLY (SI $87.92 18010150. It 1691) AARES40(. II 2431) (Was $17.95. Saved $7.18) Tax Jurisdiction Sales Tam (Ras 154,95, Saved $21.98) I MEASURE CUP 8 07 W/L000 ($a $1.80 I CF CAN FAN MAX B", 6540m1 (St 1229.32 HOMC2506, It 628894) -- - ------ CFBMAX, It 625571) (Was $2.00. Saved $0.40) Denver $3.917.77 $302.4 (Was $288.65, Saved $57.33) 1 MINI MEAStWE SHOT GLASS (St $2.87 2 peraadoct 8" x 25' (St NIA) $62.32 6530001. 1I 966) All returns subject to approval & 25% (Was $38.95, Saved $15.58) (Was $3.59, Saved $0.72) 1 CF CM FILTER 125 (Si $261.32 1 HG MULTI ENZYME 20 L (S4 $436.011 restocking fee. SCCiFLTR125. It 1246) 116703. 11 2249) :slot required for all returns. Store c, (Was $326.85, Saved $65.33) (Was $546.00. Saved $109.20) only. 1 CF CAN FLANGE 10" (SI CFF10, $10.71 1 HO BUD XL 20 L (SR M6803. II $588.79 1$ 3475) 2251) (Was 113.39, Saved $2.68) , (Was 1735.99. Saved 1147.201 1 REDUCER 10" TO 8" (S4 736212. $11.59 1 H0 TOP BOOSTER 5 L (SR 1(6902, $79.99 Ft 480) 10 1243) (Was $14.49. Saved $2.90) (Ras $99.99, Saved $20.00) 3 1/2" DRAIN BOTTOM (St 10. 17.08 20 HG SHOOTING POWDER SACHT (SI $234.40 SDRAIN. II 683268) 1101001. It 1216) (Was $2.95, Saved $1.77) (Was $14.65. Saved $58.60) 3 SCREEN TOP (WY (SI IGSSCREFN, $4.7'5 10 1990) Sub Total: $3,917.77 (Was$1.99. Saved $1.20) Tax: $302.45 3 3/4" DRAIN BOTTOM (SI $1.08 -. 1GS3/4GRAIH. IN 1993) Total: $4,220.22 (Was $2.95. Saved $1.77) 3 SCREEN WI FIXED 3" RISER (St $8.45 Item Count: 75 IUSSC3RISE, It 1597) (Wirt $2.69. Saved 51.52) R&D ELECTRIC and LIGHTING DESIGN Invoice P.O. Box 261366 Date Invoice# Lakewood, CO 80226 Phone: (303) 736-2230 512112010 10050707 Fax: (303) 736-2231 rC\ Bill To 1 Budding Health l c 12/(O y witers-F C4—(£-C- Mike Zampato 2042 Arapahoe Street Denver,CO 80205 -(51,r-i^ P.O. No. Quantity Description Completion of ough electrical installation(70%)as per Proposal#10050501. s i.uoa.uu I t.uon.w Installation of 20amp circuit and disconnect for heat/cool unit in isolation room. 340.00 340.00 Installation of 20amp circuit with receptacles for water pump. 290.00 290.00 Installation of 20amp circuit with receptacles for reverse osmosis and heater. 360.00 360.00 A6e,,4/1 Total 518.058.00 EXHIBIT CULTIVATION FACILITY LEASE ARTICLE ONE: BASIC TERMS This Article One contains the Basic Terms of this Lease Agreement between the Landlord and Tenant named below. Other Articles, Sections and Paragraphs of the Lease referred to in this Article One explain and define the Basic Terms and are to be read in conjunction with the Basic Terms. Section 1.01 Date of Lease:March 15,2010 Section 1.02 Landlord: Travis Bell,having its principal place ofbusiness at 1791 County Road 36 Berthoud,Colorado 80513. Section 1.03 Tenant Nutritional Supplements (Sc. a Colorado limited liability company having its principal place of business at 2042 Arapahoe St Denver,CO 80205 Section 1.04 Premises: The Premises consist of approximately 107.865 acres, The Facility consists of a house of approximately 2,700 square feet and three existing barns;Barn A approximately 1920 square feet,Barn B approximately of 2000 square feet,and Barn C approximately 3,840 square feet of space as delineated on the site plan attached hereto as Exhibit A (the "Site Plan") in a multi-tenant cultivation facility(the"Facility")commonly known as 1791 County Road 36 Berthoud,Colorado which is located on certain land located in Weld County,Colorado,and more particularly described on Exhibit B attached hereto (the "Property"). The area of the Premises and of the entire Facility set forth in this Section 1.04 shall be conclusive in the absence of fraud or manifest error.Tenant is leasing a portion of Barn C shown and described on Exhibit C comprising approximately 1920 square set. Section 1.05 Lease Term: Five(5)years beginning on the Commencement Date(as set defined in Section 2.02 below). Notwithstanding anything set forth in this Lease to the contrary, in the event that the laws (federal, state, or local) change such that Tenant cannot operate from the Leased Premises or that the Leased Premises cannot be used for any one or more of the enumerated uses set forth in Section 1.06 of this Lease, Tenant shall have the option, upon fifteen (15) days prior written notice to Landlord, to terminate this Lease without liability. Tenant shall vacate and surrender the Premises in accordance with Section 6.06 of this Lease and the Lease shall terminate and the patties shall be released hereunder,except with respect to those matters which expressly survive termination,and except that Landlord shall promptly refund any amount paid to it by Tenant hereunder. Section 1.06 Permitted Uses: Tenant shall use the Leased Premises for a pain management clinic, which may include, at Tenant's sole election, the cultivation of medical marijuana or similar type uses("Permitted Use") . Landlord represents that Tenant's use of the Leased Premises for the Permitted Use will not increase the cost to Tenant of Landlord's insurance. Tenant shall not do or permit anything to be done in or about the Leased Premises which will in any way obstruct or materially interfere with the rights of other tenants or occupants of the Facility or injure them,or use or allow the Leased Premises to be used for any unlawful purpose; nor shall Tenant cause, maintain or permit any unlawful nuisance in, on or Tenant warrants that It has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease except the broker or brokers named in Section 1.09 above,and that it knows of no other real estate broke or agent who is entitled to a commission In connection with this Lease IN WISNESS WHEnEAA,Landlord and Tenant have executed this(east as of the date set forth in Section lilt above. LANDLORD:Travis Belt TENANT:Nutritional Sepplementa u,c. By '--- — — 17 rd 60£5Z4Z0ZL 1811.180 eutoipepy ul eceed To:+1-9703046498 Page 2 of 2 2010-07-23 21:08:24(GMT) 17202940355 From: Peace in Medicine Center 2010-07-22 17:41 » 1-303-253-9817 P 1/1 }IMiWS)POWER OF ATTORNEY This document shall constitute a limited power of attorney; I,Travis Bell,residing et 1791 Weld County Road 36;Berthoud,Colorado 80513,do hereby appoint. David Alan Buena as my attorney-In-fact,to perform acts In my absence. My attorney-in-fact may act in my name,place and stead in anyway In which I myself could do,if I were personally present with respect to the following matters to the extent that I am permitted by law to act through an agent Specifically my attorney-in-fact Is authorized to prepare,submit,and answer any questions pertaining to any applications,permits,petitions,Plans,documents,fees, licenses,affidavits,or any other necessary actions pertaining to my property located at 1791 Weld County Road 36,Berthoud,Colorado 80313. If the agent named above is unable or unwilling to serve,I appoint Brett S.Barney to be my agent for all purposes hereunder. To induce any thirdpartytu act hereunder,I hereby agree that any third party receiving a duly executed copy or facsimile of this Instrument may act hereunder,and that revocation or termination hereof shall be in effective as to such third party unless and until actual notice or knowledge of such revocation ortertnination stall have been received by such third party,and I for myself and my heirs, executors,legal representatives and assigns,herebyagree to indemnify and hold harmless any such party from and against any and all claims that may arise against such third party by reason of such third party having relied upon the provisions of this Instrument. The durable limited power of attorney may be revoked by me at any time. This Durable General Power of Attorney may be revoked by me at In WiO1ess Whereof,I have hereuntosigned my name on Signature STATE OR STATE COWAY OF COUNTY on Jury 22,2010 before me,lone D.unlearns,personally appeared Trawl Bell,personally known to mete be the person whose name is subscribed within instrument and admowledged to me that he executed the same in his authontel capacity,and matey his signature on the Instrument the person executed the Instrument. 1_ - hand and official seal - antraess. mittb Kovaitant-MOM %:' iticannecaad To:+1-9703048498 Page 1 of 2 2010-07-23 21:08:24(GMT) 17202940355 From: Peace in Medicine Center FAX COVER SHEET TO +1-9703046498 COMPANY FAXNUMBER 19703046498 FROM Peace in Medicine Center DATE 2010-07-23 21:08:06 GMT RE Power of Attorney - #NCU-516 COVER MESSAGE Enclosed please find the Power of Attorney from Travis Bell to David Bueno for the purpose of submitting documents pertaining to Mr. Bell 's application #NCU-516. ww.v.efaxcom ..4it:.) 0 DEPARTMENT OF PLANNING SERVICES 1555 North 17"'Avenue GREELEY, COLORADO 80631 IDWEBSITE: www.co.weld.co.us Inge CE AIL:(970 t353 6@co EXT c 572 OFFICE (970) 353-6100, EXT. 3572 MOBILE (970) 302-5333 COLORADO FAX (970) 304-6498 July 14, 2010 Travis Bell 1791 County Road 36 Berthoud,Colorado 80513 Subject: NCU-516. Part of the SE1/4: 55; TN3: R68W. Dear Mr. Bell: On June 17, 2010, you submitted an application for a Non-Conforming Use for a medical marijuana growing facility. Following Department staff review it has been determined that your application is not in conformance with Article VII; Section 23-7-10 of the Weld County Code pertaining to nonconforming uses. Section 23-7-10 states: "...Uses of land or structures and characteristics of use which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendment". It appears that the documents submitted to prove the lawful existence of the medical marijuana growing facility in the "A" Agricultural zone are questionable. Therefore, the Department of Planning Services will allow the owner five (5) business days from the date of this letter to supply this Department with sufficient evidence that the use described above was lawful prior to June 1, 2010 or the County will conclude that the Non-Conformity(NCU)does not exist. If you have any questions concerning this letter please contact me at the above address, telephone number or e-mail address. Sincerely, o8�lf�y Tom Parko Planning Manager pc: NCU-516 Trevor Jiricek, Director of Planning Services Ken Swanson, Building Official Peggy Gregory, Building Complaince Officer Bethany Salzman,Zoning Compliance Officer Bruce Barker, Weld County Attorney 2 ew's tat) WELD COUNTY DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley CO 80631 Phone (970)353-6100 x3540 Fax (970)304-6498 NONCONFORMING USE INFORMATION QUESTIONNAIRE IMPORTANT-Complete all items on both pages. Mark boxes where applicable. OWNER —72;;;A / l/Ovnin-//f//46.194;+a / S /it.a, 3GLeit 74"4.411. ADDRESS /9/ Coat&/ad y6 � --3D9-52:7 9 CITY, STATE ZIP CODE,�m/ ea W5-73 - 4_4146. c r .l a,50.1/44),<0,, LEGAL DESCRIPTIONRT, 7,4 Section < , Township 3 N, Range_a_e__W Total Acreage of property / 0 7 r 610 Total Acreage of proposed NCU /0 7, gS-t a e✓Ps PARCEL IDENTIFICATION NUMBER J L 0 7 - 05— 0 OO--- () 0 Specifically(explain): ,/ LL; /v (o4.zf/c/,G'2 /O/e1 ✓tre/ l 41"t`r 6f% .iti 717�e 'kw aUTo 0wt?ev tve5 ec7 FeA//7 Si,54-72e5&74 e.e/f%net lc 5e 15 'lc) acar, �� . O one-�T-7401- a re asinr5 71-14 iece �l -$e 1 !/O `L t y 1 pro CAC-hart OF /4rr 9✓lern /1-,v-c dVOOJ\ct /'/a/i vl c.NCtlU DOUn QC'✓i�' r.� lt`u ra/ • 2c� vlcl , fry be G®l Oilfrona/fi ' /5 5 unt�/�r $ % LG„J Date Nonconforming Use Began? r/z s/o 9 List the attached documentation substantiating the Nonconforming Use: &'ec&ie A!& , S«., v.ey How many employees, animals, items, etc.? // ainotes How long have you had this many employees, animals, items, etc.? S:tce r"7 (Attach tax records, time herds, yet bills, sales receipts, pay,stubs with dates, etc.) Ached to he 5'�,t,e p�b /Pvita`e The following conditions must be met prio t determining a Use as being considered a Nonconforming Use. I, the undersigned, understand and agree to the following conditions of this Nonconforming Use as stated in the Weld County Code, Chapter 23,Article VII(7), Section 23-7-30: PLEASE READ AND INITIAL EACH ITEM: Extension or Expansion I verify that the nonconforming use has not been nor shall be enlarged, increased, or extended to occupy a greater area of land without first having received a Use by Special Review permit pursuant to the procedure established in Article II, Division 4 of this Chapter. (23-7-30.A.1 -Weld County Code) Updated 02-01-10 I verify that the nonconforming use has not been nor shall be extended or enlarged by erection of additional signs intended to be seen from off the premises,or by the addition of other uses which would be prohibited in the zoning district involved. gI verify that the nonconforming use has not been nor shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this nonconforming use Substitution of USES I understand that a nonconforming use may, as a Use by Special Review be changed to another use which does not conform to the uses allowed in the zoning district, provided that the Board of County Commissioners shall find that the proposed use is equally appropriate or more appropriate to the zoning district and neighborhood than the existing nonconforming use. In permitting such change,the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 17 I understand that whenever a nonconforming use is replaced by a permitted use the nonconforming use may not be reestablished. Abandonment I understand that if any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such lot or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such lot or parcel is located. Print Name: —/qd'f /�`/ Property Address:/79� �uN ZGa/36 Mailing Address: e loci , gG'7' Ci Stet Zip Code Signature: Date: —/e—e-'O 1 �G SUBSCRIBED AND SWORN to before me this the I t day of 1 u1 { , 20!10 WITNESS my hand and official seal. My Commission Expires: Wad Ce2-&C2c_ .....®E'UBL Notary Public \G O • gTFOi C0..."%t• saawsaeoz t Customer Service: 303.637-1301'tomated Account Services: 303.637.1375 1NITENPOIIVER Hesesidee. iffice: 3resse-0551 See reverse side for office addresses and hours. Your Touchstone Energy°Partner jcb( Accartnt#I 59802 SentMap i OC:200539090 Cycle:4 03 • PO BOX 929, BRIGHTON CO 80601-0929 Service Address: 1791 WCR 36 RESIDENCE Director District: WEST Flate Mater Prev Pies, .. .;E kWh Dmd Send any correspondence to: Fldg Rdg<: , United Power, PO Box 929, Brighton CO 80601 R1 41524 32004 32004 1 0 12094 1 AT 0.357 4 12094 AMERICAN BOBSLED TEAM C-33 P-37 1791 COUNTY ROAD 36 ELECTRIC USAGE COMPARISON: Avg kWh/Day: 0 BERTHOUD CO 80513-8063 Usage Last Yr: 795 Days From Date "T'o Date - BUhag Bate eeIII'IIIIIIII hliili111141hIIIIP"IPII141"I'IIIPllllIIlll 0 ...... 04/152010 04/152010 05/26/2010 Page 1 of 1 THIS IS YOUR FINAL BILL THANK YOU FOR BEING OUR CUSTOMER. THE INFORMATION PROVIDED BELOW SHOULD BE ADEQUATE FOR YOUR NEXT UTILITY. CREDIT INFORMATION ON THIS ACCOUNT-CONNECT DATE:05/242006,NUMBER OF TIMES LATE IN THE LAST 12 MONTHS:5 ELECTRIC SERVICE DETAIL ** CREDIT BALANCE - NO PAYMENT DUE as PREVIOUS BALANCE 251.38 APPLY DEPOSIT -80.00 **YOU WILL RECEIVE EITHER A CHECK FOR THE CREDIT APPLY DEPOSIT INTEREST -3.01 AMOUNT OR THE BALANCE WILL BE TRANSFERRED TO ONE LATE PAYMENT CHARGE 5.00 OF YOUR ACTIVE ACCOUNTS** PAYMENTS APPLIED .00-256.38YOUR CAPITAL CREDIT ALLOCATION FOR 2009 IS $110.21 CURRENT MONTH 0 0.00 THIS IS NOT A CREDIT TO YOUR ELECTRIC BILL AND TOTAL AMOUNT DUE -83.01 SHOULD NOT BE DEDUCTED FROM THE BALANCE DUE. FOR MORE INFORMATION ABOUT CAPITAL CREDITS, PLEASE CALL 303-637-1300 OR VISIT WWW.UNITEDPOWER.COM AND CLICK ON THE 2009 ALLOCATION NOTICE LINK UNDER NEWS ITEMS. DETACN AND RETURNTHIS PORTION WITH YOUR PAYNtENT AMERICAN 9oe5LED TEAM 1791 COUNTY:RD$6 -83.01 6ERTNOUB CC•80513.OOOQ TotBI DUe DUe UBte 06/15/2010 •.. .... NAY%.NN,C;NN\�N\N CREDIT BALANCE Amount Enclosed NO PAYMENT DUE AcocLtnt# 59802 r Servtce Map LoeaUon 200539090 QIIII[IIIIIIMIMI11F111111 IIIIfuIIIfIIIIllEIlUIIIuIIIII Fjr�AL aiu� I uNrED POWER e .DEPT 535 C3 a >DENVERCO80281-10535 ; IIIIJ(IIHUIItIIt*4IU1i1I ltNl[IUIIJfuE„Ill It 00000598027 0000000000 0000000000 0000000000 C T &ei eel • Lit /541 r4 (xis/#4- ) NI-1U Identify Results Page 1 of 4 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4714686 Parcel#: 120705000010 Tax Area: 2314 Bordering County: �� Acres: 87 l Township Range Section Quart. Sec. SubdivisonName_Bleck#-Cot#-. 03 - 68 - 05 - 0 - - Owners Name& Address_ Property_Address: BELL TRAVIS Street: 1791 36 CR 1791 CR 36 City: WELD BERTHOUD, CO 80513 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Rec ption # 12/14/2005 $1,560,000 WD 3350134 Legal Description 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT DITCH (22A) ALSO EXC S & E OF MEAD LAT(12RES2R2D) Land_Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4147 Acres 19 Agricultural 4117 Acres 68 Land Subtotal: 87 $35,462 $10,290 Buildings Valuation Summary # Property Type Assessed Bldg# P Y Actual Value Value 1 Residential 2 Out Building 3 Out Building 4 Out Building 5 Out Building 6 Out Building Improvements Subtotal: $354,874 $32,090 Total Property Value $390,336 $42,380 Building Details Account#: R4714686 Parcel#: 120705000010 Owners Name_&Address: Property Address: BELL TRAVIS Street: 1791 36 CR 1791 CR 36 City: WELD BERTHOUD, CO 80513 Building# Property Type http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207... 10/29/2010 Identify Results Page 2 of 4 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1994 Exterior: Frame Masonry Veneer HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 2607 #of Baths: 3 Roof Type: #of Bdrms: 2 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 702 Detached SQ Ft: 0 Basement: Total SQ Ft: 0 Finished SQ Ft: 0 Account#: R4714686 Parcel#: 120705000010 Owners Name&Address: Property Address: BELL TRAVIS Street: 1791 36 CR 1791 CR 36 City: WELD BERTHOUD,CO 80513 Building# ProDerty TVDQ 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1969 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 2132 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4714686 Parcel#: 120705000010 Owners Name&Address: Property Address: BELL TRAVIS Street: 1791 36 CR 1791 CR 36 City: WELD BERTHOUD,CO 80513 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Cattle Year Built: 1980 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 1920 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207... 10/29/2010 Identify Results Page 3 of 4 Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4714686 Parcel#: 120705000010 Owners Name&Address: Property Address: BELL TRAVIS Street: 1791 36 CR 1791 CR 36 City: WELD BERTHOUD, CO 80513 Building* Property Type 4 Out Building Individual Built As Detail Built As: Grain Bin Year Built: 1971 Exterior: Metal HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4714686 Parcel#: 120705000010 Owners Name&Address: Property Address: BELL TRAVIS Street: 1791 36 CR 1791 CR 36 City: WELD BERTHOUD, CO 80513 Building* Property Type 5 Out Building Individual Built As Detail Built As: Grain Bin Year Built: 1971 Exterior: Metal HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R4714686 Parcel#: 120705000010 Owners Name&Address: Property Address: BELL TRAVIS Street: 1791 36 CR 1791 CR 36 City: WELD BERTHOUD,CO 80513 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207... 10/29/2010 Identify Results Page 4 of 4 Building* Property Type 6 Out Building Individual Built As Detail Built As: Shed - Hay Year Built: 1994 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 4224 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft Detached SQ Ft: Basement Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207... 10/29/2010 111111 IIIII IIIII 11 1111111111111 IIIII III IIIII IIII IIII 6 1� 3350133 12/27/2005 02:59P Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder QUITCLAIM DEED THIS DEED, Made this /, day of December, 2005, between JAMES E. BAUMANN, of the County of Weld and State of Colorado, grantor, and TRAVIS BELL, whose legal address is 1586 E. Millbrook Way, Bountiful, State of Utah 84010, grantee, WITNESSETH,That the grantor,for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,hereby sells and quitclaims unto the grantee all the right,title,and interest of the grantor in and to the following real property, together with improvements, if any, in the County of Weld and State of Colorado: See Attached Exhibits "A" and "B" IN WITNESS WHEREOF,The grantor has executed this deed on the date set forth above. p 4ac C James E. Baumann STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /9 day of December, 2005 by James E. Baumann. WITNESS my hand and official seal. My commission expires: //-/5AØ9 -c� " Notary Public . DAFGLLA L. -mot Cc':ca o Kt7714 'MG OOLS F:IFFLIBAUMANN W CD,BELL.wp i 1111111 1111111111!MALI 1111 111111 1111111111111 3360133 12/27/2005 02:59P Weld County, Co drexel 2 of 4 R0 D 0.00 Steve Moreno Clerk&Recorder CivilArts — group ENGINEERING —PLANNING —SURVEYING Civil Ant Drexel Group, Inc • 1360 I eB4nnd Circle. Sue'A•Longmont, CO 80501 •Tel (303) 6821131 •Fax: (303) 682-1149•www.civilarls-drecel now EXHIBIT "A" November 19, 2005 A description of the MEAD DITCH PARCEL located in the SW1/4 of the SE1/4 of Section 5, T3N, R6BW of the 6th P.M., in Weld County, Colorado. For: Und, Lawrence, &Ottenhoff, PC. LEGAL DESCRIPTION A tract of land located in the SW1/4 of the SE1/4 of Section 5, T3N, R68W of the 6th P.M, County of Weld, State of Colorado, described as follows: COMMENCING at the E1/4 of said Section 5 from which the C1/4 Corner of said Section 5 bears S89°59'26'W, 2629.58 feet(Basis of Bearing), thence S00°12'39"W, 2032.75 feet along the East Line of the SE1/4 of said Section 5 to the Centerline of the Mead Lateral Ditch; The following courses and distances are along the Centerline of said Mead Lateral Ditch: Thence Northwesterly, 111.59 feet along the arc of a curve concave to the Northeast to a point of non-tangency, said arc having a radius of 320.00 feet, a central angle of 19°58'51", and being subtended by a chord that bears N62°15'18"W, 111.03 feet; Thence N60°48'55'W, 39.43 feet Thence N69°02'49"W, 897.97 feet to a point of curve to the left; Thence Southwesterly, 250.51 feet along the arc of said curve to a point tangent, said arc having a radius of 178.00 feet, a central angle of 80°38'08", and being subtended by a chord that bears S70°38'07'W, 230.34 feet; Thence S30°19'03'W, 282.48 feet to a point of curve to the right; Thence Southwesterly, 131.75 feet along the arc of said curve to a point of compound curve to the left, said arc having a radius of 205.00 feet, a central angle of 36°49'27", and being subtended by a chord that bears 848°43'46'W, 129.50 feet; Thence Southwesterly, 140.22 feet along the arc of said curve to a point tangent, said arc having a radius of 390.00 feet, a central angle of 20°35'59", and being subtended by a chord that bears 877°26'30'W, 139.46 feet; Thence S87°44'29'W, 65.37 feet to a point of curve to the left; Thence Southwesterly, 132.22 feet along the arc of said curve to the TRUE POINT OF BEGINNING said arc having a radius of 525.00 feet, a central angle of 14°25'46", and being subtended by a chord that bears S80°31'36'W, 131.87 feet; Thence continuing Southwestely, 124.40 feet along the arc of said curve and along the Centerline of said Mead Lateral Ditch to a point of compound curve to the left, said arc having a radius of 525.00 feet, a central angle of 13°34'35", and being subtended by a chord that bears S66°31'26"W, 124.11 feet; Thence Southwesterly, 285.91 feet along the arc of said curve to a point of non-tangency, said arc having a radius of 1398.32 feet, a central angle of 11°42'54", and being subtended by a chord that bears S53°52'41'W, 285.41 feet; Thence S37°34'29"W, 71.05 feet to a point of curve to the left Thence Southwesterly, 221.31 feet along the arc of said curve to the Southeasterly Corner of Parcel B conveyed to Leonard A. Hergenreter and Geraldine S. Hergenreter as described in Warranty Deed recorded April 25, 1991, in Book 1297 as Reception No. 2248203, said arc having a radius of 325.00 feet, a central angle of 39°00'55", and being subtended by a chord that bears S1B°04'02'W, 217.06 feet; Development Services for the Communities of the Future • 11111111111111111 11111111111 11111111111III11111 /III /III 3350133 12127/2005 02:59P Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder drexel CivilArts - group "'"° -euavErxro EXHIBIT"A" Thence N00°52'23"E, 194.33 feet along the Easterly Line of said Parcel B to a angle point thereof; Thence Northwesterly, 119.78 feet along the arc of a curve concave to the West to a point of reverse curve to the right, said arc having a radius of 375.00 feet, a central angle of 18°18'04", and being subtended by a chord that bears N14°28'35"W, 119.27 feet; Thence Northerly, 53.03 feet along the arc of said curve to a point of compound curve to the right, said arc having a radius of 50.00 feet, a central angle of 60°46'15", and being subtended by a chord that bears N06°45'31°E, 50.58 feet; Thence Northeasterly, 208.32 feet along the arc of said curve to a point of compound curve to the right, said arc having a radius of 1113.86 feet, a central angle of 10°42'56", and being subtended by a chord that bears N42°30'0T'E, 208.01 feet; Thence Northeasterly, 34.63 feet along the arc of said curve to a point of compound curve to the right, said arc having a radius of 100.00 feet, a central angle of 19°50'35", and being subtended by a chord that bears N57°46'52"E, 34.46 feet; Thence Easterly, 238.53 feet along the arc of said curve to a point of compound curve to the right, said arc having a radius of 240.00 feet, a central angle of 40°11'44", and being subtended by a chord that bears N87°48'02"E, 233.86 feet; Thence Southeasterly, 23.78 feet along the arc of said curve to a point tangent, said arc having a radius of 30.00 feet, a central angle of 45°22'40", and being subtended by a chord that bears S49°24'46"E, 23.14 feet; Thence S26°43'26"E, 30.81 feet to a point of curve to the left; Thence Southeasterly, 48.85 feet along the arc of said curve to the TRUE POINT OF BEGINNING, said arc having a radius of 35.00 feet, a central angle of 79°5T50", and being subtended by a chord that bears$66°42'22"E, 44.98 feet. SUBJECT TO rights-of-way for county roads and ditches. Area= 1.917 acres, more or less. CTICP\SM.-74(1. gaseecticre..... ,‘ 1111111 lialorl1/4 NOTICE: According to Colorado law you must Frank N. Lr}gp�Q?" j.: ` - commence any legal action based upon any defect Colorado glrQf@isi bind in this survey within three years after you first SUfveyor 43 o discovered such defect. In no event, may any 1860Leftf Cir#A, Longniaht CO 80501 action based upon any defect in this survey be ,. r commenced more than ten years from the date of � the certification shown hereon. Dat@: V {per ti'"W(lninr.nu,,,u•••� Re:LGL-111905.DOC Project:525-1 Page 2 E ru cc=0 EXHIBIT "B" _�d _ = e malt I� �3 d BAUMANN ii '�' I .es co PARCEL FXHIBIT MAP o SCALE: 111=120' —lao DATE: 11-19-05 o- a DWG: 5251-E.DWG -N' SWl/4, SE1/4 a" SEC. 5 APPROXIMATE =Its CENTERLINE OF MEAD LATERAL DITCH BEFORE - gt RELOCATION IN 1989. L-238.53• L-132.22' :\ 238. • L=23.78' R-SISW D-4011.44• R-30.0-3 0.1425'4' L-34.63' CM-xWY6'OT'E 0-4522'4' CN'SBO71.36•W R-100.00' 23166' 04-54924'4•E 131.67 \\::..::. 0-1950.35' 2114 1:1•115748'52.E L-124.40' 52$• '43'28" mss , L-208.32' D-isS4'is • .. �� .30:BY �, •• R-11114' CH-56671'26'M 3, .p . .. •. 0-1-342$6• 124.If /!_ - `•_ S87"4429"W ax427 0.8 DRS DITCH . ,. � , s*11 �N':• 20.6.01' - ma c^ \ ARFA=1,917 " 65.37 3 .0 ACRES # �� 0110 TRUE POINT IT f c l p�Rpl 1 OF RFlWNNINr tJ� t?s L-33.03' �j/CC'~ p 26'c \ D IP 15 MEP l2 �L=48.85' L=256.62' \, a 31'E et j/ oa9aYso' R=525.00' v a.sea••2'22•E D=28V0'21" i /t- • L=285.91' 44� GH=573.44'19•W L-119.78' 1 '`�". . R-3TSoo' R=1398.32' 254.07' 0-1616•w• �' D=11'42'54• axl•2e'Ss•x CH-553'52'41'W p 119.22 285.41' UNPLA TTED h E. LINE PARCEL B '` QI.' . „ MICHAEL A. LITZENBERGER & "1 BK. 1297. J S37�.34 29 W KATHRYN M. UTZENBERCER REC. 2248203 i. (195.3S—DEED) / 71.05' DECREE IN QUIET TITLE ACTION NO0'52'23"E BK. 1526, REC. 2471334 194.33' `. „. i ,• ,.' L=221.31' R-325.00' SW COR. SE1/4, D-391055' SE1/4, sEC. 5 CH=S18'04'02"W NOT FOUND OR SET. 217.06' S89'56'51"E 711.95' S LINE SEI/4, SEC. 5 NOTE Da EXHIBIT MAP IS INTENDED ONLY AS AN AID TO FOLLOW THE ATTACHED LEGAL DESCRIPTION MID DOES NOT REPRESENT A LAND SURVEY PLAT OR IMPROVEMENT dreXel SURVEY PLAT ACCORDING TO COLORADO CiViI - group STATUTES. EnginntIng•Kerney•Sundry MO Lief 6vo6 C"",.Sutl•A•Longmont Cok e616630. •(]N)662.1131 •134 AIM 1111111111 till III IIIIII111111 lit i 3350134 12/27/2005 02P vela county,lerk 8 Retarder CO t Of 4 R 21.00 D 156.00 sieve Moreno Clerk WHEN RECORDED RETURN TO: Travis Bell 1586 E.Mlllbrook Way SDF$156.00 Bountiful,UT 84010 WARRANTY DEED THIS DEED,dated December 14,2005, between James E.Baumann of the County of Weld and State of Colorado,grantor(s),and Travis Bell, whose legal address is 1586 E. Milibrook Way, Bountiful, UT 84010, of the County of Weld and State of Colorado, grantee(s): C 5r1 r71 One 3i WITNESS,that the grantor(s),for Arfdlin 2Pr&ailaPa%i,n of the sum of•yktipl Million Five Hundred Thousand and 00/100 Dollars (6,740/3/980/99),/the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and Conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s),his heirs and assigns forever, all the real property,together with Improvements, if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: SEE ATTACHED EXHIBIT"A" The Value for the Real Estate is $1,560,000.00) also known by street and number as: 1791 Weld County Road 36,Berthoud,CO 80513 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof,and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either In law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect,absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and dear from all fanner and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except "Subject to all easements and rights-of-way of whatever character of record or now exisfing on said premises.Including,but not limited to, those for ditches, canals, pipelines, reservoirs, railroads, roads, telephone lines, utilities, power lines, or any other purpose, and all mineral, oil, gas and coal reservations, leases, and assignments of record, and subject to 2005 taxes payable in 2006 and subsequent years." The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises In the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. tiX James E.Baumann STATE OF COLORADO COUNTY OF WELD )55 The foregoing instrument was acknowledged before me on ember 14,20 5, y,6 Baumann. Wit ness my hand and official seal. `l My Commission Expires: Notary Public DAOLOCH L.E w,r BLOCH r 1YV . LOQ�o 3 f • Exhibit"A" The SEy of Section 5,Township 3 North,Range 68 West of the 6th P.M.,County of Weld,State of Colorado. EXCEPTING THEREFROM that portion of said SERA,conveyed by Quit Claim Deed recorded August 29, 1905 in Book 212 at Page 218. ALSO EXCEPTING THEREFROM that portion of said SE%4 lying West of the Flume Lateral Ditch as conveyed by Warranty Deed recorded February 17, 1906 in Book 235 at Page 437. ALSO EXCEPTING THEREFROM that portion of said SEy conveyed by Warranty Deed recorded August 30, 1912 in Book 365 at Page 231. ALSO EXCEPTING THEREFROM 1.917 acres as described on attached Exhibit"B" TOGETHER WITH 60 Units of the waters from the Northern Colorado Water Conservancy District. /TOGETHER WITH Two(2)shares of the capital stock of The Highland Ditch Company. r TOGETHER WITH Eight(8)shares of the capital stock of The Highland Lake Lateral Ditch Co. TOGETHER WITH Baumann!s Pond as adjudicated in Case No. 98cw422. 111111111111 I I I I 11111111111111111111111 I I I I I I I I I I I I Ill i 3350134 17/27/2005 02:59P Weld County,CO 2 of 4 II 21.00 D 156.00 Steve Moreno Clerk&Recorder File No.TNGR0000830 DOC-WD Indv to may 1111111111111111 11111111111 11111111111 I I 1111111111 Jill 3360134 12127/2005 02:59P Weld County, CO drexel 3 of 4 R 21.00 D 156.00 Steve Moreno Clerk& Recorder CiviIArts - group =PLANNING EXHIBIT"it Thence N00°52'23"E, 194.33 feet along the Easterly Line of said Parcel B to a angle point thereof; Thence Northwesterly, 119.78 feet along the arc of a curve concave to the West to a point of reverse curve to the right, said arc having a radius of 375.00 feet, a central angle of 18°18'04", and being subtended by a chord that bears N14°28'35"W, 119.27 feet; Thence Northerly, 53.03 feet along the arc of said curve to a point of compound curve to the right, said arc having a radius of 50.00 feet, a central angle of 60°46'15", and being subtended by a chord that bears N06°45'31"E, 50.58 feet; Thence Northeasterly, 208.32 feet along the arc of said curve to a point of compound curve to the right, said arc having a radius of 1113.86 feet, a central angle of 10°42'56", and being subtended by a chord that bears N42°30'07"E, 208.01 feet; Thence Northeasterly, 34.63 feet along the arc of said curve to a point of compound curve to the right, said arc having a radius of 100.00 feet, a central angle of 19°50'35", and being subtended by a chord that bears N57°46'52°E, 34.46 feet, Thence Easterly, 238.53 feet along the arc of said curve to a point of compound curve to the right, said arc having a radius of 240.00 feet, a central angle of 40°11'44", and being subtended by a chord that bears N87°48'02"E,233.66 feet; Thence Southeasterly, 23.76 feet along the arc of said curve to a point tangent, said arc having a radius of 30.00 feet, a central angle of 45°22'40", and being subtended by a chord that bears S49°24'46"E, 23.14 feet; Thence S26°43'26"E, 30.81 feet to a point of curve to the left; Thence Southeasterly, 48.85 feet along the arc of said curve to the TRUE POINT OF BEGINNING, said arc having a radius of 35.00 feet, a central angle of 79°57'50", and being subtended by a chord that bears$66°42'22"E, 44.98 feet. SUBJECT TO rights-of-way for county roads and ditches. Area= 1.917 acres, more or less. ;o . 'Fi. NOTICE: According to Colorado law you must Frank N. D;e*el'r commence any legal action based upon any defect Colorado errcifetsknal b.sn1 in this survey within three years after you first Surveyor IStd`,24 0 2 discovered such defect. In no event, may any 1860 Lefthar tCir#A, Longrnord CO 80501 action based upon any defect in this survey be _, o commenced more than ten years from the date of /1 • .•t, the certification shown hereon. Date: ` L'�'�?;l no, • .:,br,nuil�!u!o File:LGL-111905.DOC Project:525-1 Page 2 re` • eD EXHIBIT "BA a 08 —.0= imm.6o �. ° 2 —m m BAUMANN ..30 PARCEL EXHIBIT MAP an_00 �ac SCALE: 1"=720' S o o DATE: 11-19-OS DWG: 5251-E.DWG 0o SW1/4, SE1/4 -N =-_-i."..4=CAI SEC. 5 N APPROXIMATE � CENTERLINE OF MEAD "p LATERAL DITCH BEFORE �l RELOCATION IN 1989. 1�}232S \ L•2238.53' L=132.22'8.34040' L@23.78' 8.525.00' 0.4071'44" 8.30.00' 0.112346' L=34.63' CN.NBT4502t 0.457.710' CH 55011113.1% \•• 8.100.00' 23155' Qb5/024'45'E 131.57 \ 0.1830'35• p1- 1114' N5T45.52•E �'. .'; Lei m' JS283A428.' _ .. . ti L-208.32' 074.0.1314'35' - „A„....30:8? 8.111186' D-10.4758• 124.11 _-yam: _- CN.N42]0'O7E MEAD DITCH _ i '► t.- $8744'29"W �G� V: 205.01' PARF1Fl �1 N �" ',i AREA=1.917 65.37 ca ' "R. ACR£5 �! �?` • Oil 1 ]RUE POINT �RP,D1 OF BEGINNING .t30)..-‘).A 8 L=53.03' - - � .. <A y5. *. = a °.6°,5. MEPp 1�° I.=48.85' L=256.62' 1 61.N06'15'31 Ey R.J3.00 1, 5&5& 179'52'50. 0.-28'.00' CN.566'42.22'E D.-28.00'21" • x �� L=285.91' 4`48 1-119.78' 'Y`"- CH=S73'44'19'W R-375.00' _ R=1398.32' 254.07 0.1615'04• Dal I'42'54" CN.N1426.ret ` j� 119.2T l CHa55332'41"W 8 E. UNE PARCEL B fiF d3-j- 285.41' UNPLA TTED N NBERGER REC. 2248203 / S37'34'29"W MICHAEL A. UTZENBERGER & KATH(195.33'-GEED) / •: ' • 71.05' DECREE IN QUIET 11YN M. 111 ACTION N00 52'23"E BK. 1526, REC. 2471334 194.33' / ,. L=221.31' • R=325.00' SW COR. SE1/4, D=39'00'55' SE1/4, SEC. 5 i' CH=518'04'02"W NOT FOUND OR SET. 217.06' 589'56'51"E 711.95' / S LINE SET/4, SEC. 5WE THIS EXHIBIT MAP IS INTENDED ONLY AS AN AID 70 FOLLOW THE ATTACHED LEGAL DESCRIPTION AND DOES NOT REPRESENT A LAND SURVEY PLAT OR IMPROVEMENT dreXel SURVEY PLAT ACCORDING TO COLORADO CivilAftS- group STATUTES. 1800 Leland Mao.Suite Pi•L wvioxt 1a R.a�•> 9 Longmont.Colorado 80501.(303)662-1131 I 1 1 4 r ,# -40 csoN\ 1 (LUDERBERRY u,___rii III .c-i, , ct.,, ," IlepRIeNdIP ir 9 rRostr. 1111-a. is int i.d. i ne . Nili..(3-Isis:, 111 ar. ..,.. . ;E:!•Lez•ILII CC � r I - a) , , :._ . , rn 1 tillLiN � Nll�lt bdONI9 4� t � ' air �.14 ,. .. ,: : ,. .. .' 1111.1P81 1 ] it . c`�i � 11 __ Ig lmi a % ■ ■ 1 • f . • .. . F . •r -.. P -, 4 ill . ,'. 2 -3/4 i i 1 I:4,4k t*4. _.•._ . itsisH ii . t . • t_ 0. NL_ , all.-. . , •. . .. -. , rf. ; • ati ,..4t I .• • I tti : . ilin A' 0 ie,.- A 44 1 ilk 4iall, • If ill sI --- 1.1es • . s r I Y vile, bid 2 . 4IPX IIi e . l r '4 -:' • dl y. 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Ck1/ j� � a � , ✓a .( 1:iTeat A'ko NONCONFORMING USE SUBMITTAL CHECKLIST ITEMS REQUIRED FOR SUBMITTAL Original Nonconforming Use Questionnaire An 8-1 /2 inch by 11 inch map drawn to include the following items: Boundary of property Boundary of proposed Use North arrow Name of existing roads or highways abutting the property Easements and/or rights-of-way (if applicable) Existing structures including: dwellings , mobile homes, outbuildings, pens, irrigations ditches, oil and gas well production facilities. Documentation substantiating longevity of the Use 'NOTE: There is no fee for this questionnaire. NONCONFORMING USE OR STRUCTURE: A USE or STRUCTURE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its applicability. (Weld County Code : Chapter 23 , Article I , Section 23- 1 -90 "Definitions") Updated 02-01 -10 EXHIBIT -11 - H IA - i ECv ID co 13 WELD COUNTY DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley CO 80631 Phone (970)353-6100 x3540 Fax (970)3O4-6498 NONCONFORMING USE INFORMATION QUESTIONNAIRE IMPORTANT Complete� all items on both p es, Mark boxes where applicable. OWNER _...Ir71i� l f�[�r..r.�,, ,✓` •�`�/r ri/ >'r r►��r�. ZZ,C: ADDRESS /1�f/ c:44.4.0ey Roalf6 G%QI^ t 52. i9 CITY, STATE ZIP CODE �s, % Ks ebi /3' — _yras6 \C ;i.cow_ LEGAL DESCRIPTION ' 7/4 Section , Township 3 N, Range ii ' W Total Acreage of property ! O 1 Ti C(, Total Acreage of proposed NCU /L?7. 5-6 C r S PARCEL IDENTIFICATION NUMBER /2_ O 7 - Q 5 -- — UC? •-• C) (cr Specifically(explain). •a 4: (C 7 /;('�:y;% /'2 d .'�?`_..e'. .14-e '77 4 t.A ! , , ``�_tor'7,'C p1`t'"1. f e.7- '�' .C.c:�7 f :,`<'tt•r'�� •`J..lf`; �.: �. .•��c'I rC' c • r` 1( 5? /5 rt'e}r•)(c:.tc-c. r'''tr..r . Csr,:j:l r• %P M vfl- a.- e t�5l/r't '11;,z '(7 /Jlf r5 is t#71— , r ! r w Cf i!C��a rt of tic: � • . r tY'(� �c ' 1 11 �J� C� .4.. 5 )�.,e. ✓r,t v1Ct j /110(e 61 c,•4 e.;:1 KfCr.• Date Nonconforming Use Began? List the attached documentation substantiating the Nonconforming Use: i:5•1(4 , S« yoy How many employees, animals, items, etc.? How long have you had this many employees. animals. items.etc.? iAttach tax records. time dards.Jstet bills, sales receipts, pay,stubs with dates, etc.) /cam A ( 1 E `l w ' /r''. e-tree/ The folla ng c ,nditicris must be met prior e determining a Use as being considered a Nonconforming Use. I. the undersigned. understand and agree to the following conditions of this Nonconforming Use as ,toted in the Weld County Code. Chapter 23. Artcle Vtltl), Section 23-7-30 PLEASE READ AND INITIAL EACH ITEM: Extension or Expansion 41'I verify that the nonconforming use has not been nor shall be enlarged. increased, or extended to occupy a greater area of land without first having received a Use by Special Review permit pursuant to the procedure establ,shed in Article U. Division 4 of this Chapter t23-7-30.A 1 -Weld County Ccdei Updated 12-G1 10 I verity that the nonconforming use has not been nor shall be extended or enlarged by erection of additional signs intended to be seen from off the premises.or by the addition of other uses which would be prohibited in the zoning district involved. leZ I verify that the nonconforming use has not been nor shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this nonconforming use Substitution of USES p I understand that a nonconforming use may. as a Use by Special Review be changed to another use which does not conform to the uses allowed in the zoning district, provided that the Board of County Commissioners shall find that the proposed use is equally appropriate or more appropriate to the zoning district and neighborhood than the existing nonconforming use, In permitting such change,the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. i, I understand that whenever a nonconforming use is replaced by a permitted use the nonconforming use may not be reestablished. Abandonment "? I understand that if any such nonconforming use of land ceases for any reason for a period of more than six months,any subsequent use of such lot or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such lot or parcel is located. Print Name: /c /.....›&T // Property Address:/? / �.�©�!K'i- /"�t ?C,. Mailing Address: i' , '"i • siai Zip Cede Signature. Date: —/R-•-�'O ( ,—) iri SUBSCRIBED AND SWORN to before me this the. 1 Z: day of i L.AI . No WITNESS my hand and official seal. My Commission Expires: 1 ( '''... ‘. e2. Op. -O. wiltoi, ('Notary Public ', % PUBOC' .1O d . �gTFI?F CQL�4P. ' oasoc:5VIae Customer Service: 303-637-1300 Automated Account Services: 303-637-1375 Ii ITED$ OIAIER Headquarters Office: 303-659-0551 + See reverse side tot office addresses and hours. Ycur Touchstone E ncrgy1Fam er 1 ACc;sunx 59802 SP Map Lod 2OO539O9O ‘g$ O3 S O 9CX 929. BRLGHTON CO 130601.0929 Service Address. 1791 WCR 36 RESIDENCE Director District WEST Send any corresoondence to Rste r';Aleter • United Power, PO Box 929. Brighton CO 80601 41624 32004 32004 1 0 12094 1 AT 0.357 4 12094 - f AMERICAN BOBSLED TEAM C-33 P-37 • 1791 COUNTY ROAD 36 ELECTRIC t:SAGE CO'.IP.AR?SON: Avg kWh/Day. BERTHOUD CO 8O513-8O63 Usage Last Yr: 7'25 Guys•`, j ram Osta o L1ate? Bilttng01 :w �.tit,Ittttttiiti�iii itittlttiiIlit„►ftlltiII ' ii11tuttlltit 0 04:152010 04.15:2010 05.762010 Paget of t 11115 IS YOUR FINAL BILL.THANK YOU FOR BEING OUR CUSTOMER. THE INFORMATION PROVIDED BELOW SHOULD BE ADEQUATE FOR YOUR NEXT UTILITY. CREDIT INFORMATION ON THIS ACCOUNT-CONNECT DATE:05,24:2006,NUMBER OF TIMES LATE IN THE LAST 12 MONTHS:S ELECTRIC SERVICE DETAIL *x CREDIT BALANCE - NO PAYMENT DUE _* PREVIOUS BALANCE 251.38 APPLY DEPOSIT -80.00 **YOU WILL RECEIVE EITHER A CHECK FOR THE CREDIT APPLY DEPOSIT INTEREST -3.01 AMOUNT OR THE BALANCE WILL BE TRANSFERRED TO ONE LATE PAYMENT CHARGE 5.00 OF YOUR ACTIVE ACCOUNTS** PAYMENTS APPLIED -256'38 YOUR CAPITAL CREDIT ALLOCATION FOR 2OO9 IS $110.21 CURRENT MONTH 0.00 THIS IS NOT A CREDIT TO YOUR ELECTRIC BILL AND TOTAL AMOUNT DUE -83.01 SHOULD NOT BE DEDUCTED FROM THE BALANCE DUE. FOR MORE INFORMATION ABOUT CAPITAL CREDITS, PLEASE CALL 3O3-637-13OO OR VISIT WWW.UNITEDPOWER.COM AND CLICK ON THE 2OO9 ALLOCATION NOTICE LINK UNDER NEWS ITEMS. DETACH AND RETURN THIS PORTION WITH YOUR-PAYMENT' • AMERICAN BOBSLED TEAM • 1791 COUNTY RD36 Tctai Cua -83.01 1 Due r`r.oe 1 ^6;15'2(11(1 1 BERTHOUD CO 80613.0000: •• • i CREDIT BALANCE • : Enclosed tie RAY NT uJE AYi'IOLtAt;_ � Account; :5S8E12 • Service Map Location: 200539090 • cy,�1�:.03 : .: »FINAL BILL Ll llllll11 lI 1111 11111N1111111111i11111i11}11,11811!!1 UNITED POWER • : DEPT 535.' 03 • DENVER CO 8O281-0}535 U,1l+Il+i,1, UI++,chlt•1II1+I l+++U++f I+U+++I COOP . 00000593027 0000000000 0000000000 0000000000 1 I 1 I 1 E C ,/,year1l 1 A r Y lhr f 1 .._.—._.... .---. 1 17) I i 1 3 3 3 { 3 3 i I ,- i I I i xi r el . /,t t J:i / rx.is\-~/-• I 1 I E I I f ` j DEPARTMENT OF PLANNING SERVICES 1555 North 17"' Avenue GREELEY, COLORADO 80631 ' WEBSITE: www.co.weld.co.us E-MAIL: tparko@co.weld.co.us O OFFICE (970) 353-6100, EXT. 3572 MOBILE (970) 302-5333 COLORADO FAX (970) 304-6498 July 14, 2010 Travis Bell 1791 County Road 36 Berthoud, Colorado 80513 Subject: NCU-516. Part of the SE1/4: 55; TN3: R68W. Dear Mr. Bell: On June 17, 2010, you submitted an application for a Non-Conforming Use for a medical marijuana growing facility. Following Department staff review it has been determined that your application is not in conformance with Article VII; Section 23-7-10 of the Weld County Code pertaining to nonconforming uses. Section 23-7-10 states: ".. .Uses of land or structures and characteristics of use which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendment". It appears that the documents submitted to prove the lawful existence of the medical marijuana growing facility in the "A" Agricultural zone are questionable. Therefore, the Department of Planning Services will allow the owner five (5) business days from the date of this letter to supply this Department with sufficient evidence that the use described above was lawful prior to June 1, 2010 or the County will conclude that the Non-Conformity (NCU) does not exist. If you have any questions concerning this letter please contact me at the above address, telephone num e-mail address. Sincerely, Tod/ Parko Planning Manager EXHIBIT I — Iistl Zcv to 00 ,39 Page 1 of 2 Rita M. Connerly From: Brett Barney[bameylawoffice@gmail.com] Sent: Monday, July 19, 2010 5:17 PM To: Tom Parko Subject: Re: NCU-516, Part of the SE1/4: 55; TN3: R68W, Mr. Travis Bell Tom, Thank you for your consideration. On Mon, Jul 19, 2010 at 4:55 PM, Tom Parko <tparko.(&,co.weld.co.us> wrote: Yes, according to the County Attorney and given Mr. Bell's circumstances we will grant an extension to July 30, 2010. Tom Original Message From: Brett Barney [mailto:bameylawoffice1dgmail.com] Sent: Monday, July 19, 2010 3:49 PM To: Tom Parko Subject: NCU-516, Part of the SE1/4: S5; TN3: R68W, Mr. Travis Bell Dear Mr. Parko, I represent Travis Bell, and I met you with Mr. Bell when he submitted his application for non-conforming use on June 17th, 2010. I am in receipt of your letter dated July 14, 2010, as it was passed to me by Mr. Bell's family. As you may be aware, Mr. Bell recently suffered a traumatic injury shortly after the submission of his application and has been receiving treatment for his injuries out of state, but is due to fly in to Denver this evening. Under the circumstances, I was writing to ask if we may receive an extension of three days, until July 23, 2010,to provide you with further substantiating documention in support of Mr. Bell's application? Given the circumstances of Mr. Bell's injury, and that fact that he possesses much of the original documents, I would respectfully request that we be granted a reasonable extension. Please let me know if this small accommodation can be made at your earliest convenience. Brett S. Barney, Esq. P.O. Box 181423 Denver, CO 80218-1423 (720) 629-5097 - Phone (303) 253-9817 - Fax This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient(or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. Brett S. Barney, Esq. P.O. Box 181423 Denver, CO 80218-1423 1/7/2011 FAIRF I E LD AND \AI ) O1JS , P. C. Wells .Fargo Center, Suite 2400 • 1700 lancoln SL• Denver, CO 80203524 ATTORNEYS AND COUNSELORS SINCE 1934 Tel: 303-830-2400 • Fax: 303-830-1033 • www.fwlaw.com Rita M. Connerly direct: 303-894-4411 email: ronnerly cf.)fwlaw.com Mr. Bruce Barker Weld County Attorney 915 Tenth Street PO Box 758 Greeley, CO 80632 Re: Verification of Conforming Use 1791 WCR 36 Dear Bruce, Fairfield and Woods, P.C. is representing Nutritional Supplements, LLC, lessee of that certain property located at 1791 WCR 36, Berthoud, CO 80513 (the "Property"). Pursuant to the City's request for information verifying that the Property was used for the Medical Use of marijuana, as defined in Article XVIII, Section 14 of the Colorado Constitution prior to June 1 , 2010, the following information is presented. The Property is zoned Agricultural. Weld County Code Sec. 23-3-20 allows the cultivation, storage and sale of crops, plants and flowers as a use by right in Agricultural Zone Districts. The cultivation or "production" of marijuana for strictly medical use is authorized by the Colorado Constitution, Article XVIII, Section 14, where the production is undertaken by a primary care-giver. Josh Stanley was designated the Primary Care-Giver by multiple patients and documentation of such information, pursuant to Article XVIII, Section 14 of the Colorado Constitution, is maintained in the state health department's confidential registry and accessible, in certain circumstances, to authorized law enforcement agencies. A copy of such records are also maintained by Nutritional Supplements in a secure, centralized location. Josh Stanley is sole member of Nutritional Supplements. (Attachment 1 ) Where the production was done by a primary care-giver and strictly for medical use Mr. Stanley and Nutritional Supplements, LLC is exempt from the criminal laws of the State of Colorado and, as such, the operations on the Property were legal agricultural operations. EXHIBIT I - 3 I -II - II zu ID (v/3'7 FAIRFIELD ANDW00DS,P.c. ATTORNEYS AND COUNSELORS SINCE 1934 July 30,2010 Page 2 Beginning May 1, 2009, Colorado sales tax licenses for Nutritional Supplements, LLC were obtained. (Attachment 2) Production activities related to the Medical Use of Marijuana commenced on the Property in Barns A, B and C ("Barns") after consultation with Weld County officials on November 24, 2009, confirming that no permits were required (Attachment 3) Over the following weeks, in reliance on information from Weld County and the existing Weld County Code, the agricultural plant growing operation was commenced, equipment was purchased and improvements to the Barns began (Attachment 4). A formalized lease dated March 15, 2010 was negotiated and executed between Nutritional Supplements and the Property owner, Mr. Travis Bell. (Attachment 5 is first and last page of lease) Pursuant to Colorado Constitution Article XVIII, Section 14 (2)(e), "Any property interest that is possessed, owned, or used in connection with the medical use of marijuana shall not be forfeited under any provision of state law providing for the forfeiture of property. . . " Pursuant to Weld County Code Sec. 23-7-10, "Within the zoning districts established by this Chapter or amendments thereto, there exist LOTS, STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated or restructured under the terms of this Chapter or future amendment. It is the intent of this Article to permit these nonconformities to continue until they are removed or abandoned." Prior to the County's recent enactment of Division 14 to the Weld County Code, the use of the Property conformed with the State Constitution, State law and the Weld County Code. Nutritional Supplements possesses property interests in and on the Property and has invested significant resources in reliance upon the State Constitution, Weld County's Code and information obtained from Weld County personnel. As a lawful, conforming land use prior to the effective date of new Code Section, Division 14, it is the desire of Nutritional Supplements to continue the existing use on the Property for the duration of its Lease Agreement. Uniform and consistent procedures for the FAIRFIELD ANDWOODS,Pc. ATTORNEYS AND COUNSELORS SINCE 1934 July 30,2010 Page 3 grandfathering of lawful uses that subsequently become non-conforming due to later zoning code amendments are clearly codified in Weld County's Code and such regulations should not be dissimilarly applied to this Property. We understand the Commissioners objectives and welcome the opportunity to work with you to achieve a mutually satisfactory resolution of this matter. Sincerely, onner y FA FIELD AND WOODS,P.C. C: Weld County Department of Planning Services EXHIBIT I i MIMUTES OF MEETING OF THE MEMBERS OF NUTRITIONAL SUPPLEMENTS,LLC A meeting of the membership of the above named limited liability company was held on March 18,2009,at 10:00 a.m.at1248 Clarkson Street,Denver,Colorado,for the following putpose(s): To adopt the membership records of the Company identifying Josh Stanley as the sole Member of Nutritional Supplements,LLC, Josh Stanley acted as chairperson,and Josh Stanley acted as secretary of the meeting. The chairperson called the meeting to order. The following members were present at the meeting, JOSH STANLEY The following persons were also present at the meeting,and any reports given by these persons are noted next to their names below: Name and Title Reports Presented,If Any After discussion,on motion duly made and carried by the affirmative vote of ALL of the MEMBERS,the following resolution(s)was/were adopted: A RESOLUTION TO ADOPT THE MEMBERSHIP RECORDS OF THE COMPANY:BE IT RESOLVED,that the Membership Records shall reflect that Josh Stanley is the Sole Member of the Company,and is entitled to all the right and privileges of a Member of Nutritional Supplements,TLC. There being no further business to come before the meeting,it was adjourned on motion duly made and carved. Date:--V, Signature: Printed Name: 3o J A s'Ai, (4.7 Tide: 1.04..ne -r c l 7 EXHIBIT I � �M..l• . .� °t STATE COUNTY COumAnr1 I AR TER UBE ACCOUNT SALES TAX srdwrwroeeM °mei S — jr• '' CIs1 iruli LICENSE ASER Ian�" �, 11 42-69115-0005 06049 B 11181 MI. •S 'ANHUI us ameba Parr es Ramo Ina FOLLOWS=Anon j�� N A CUOUe RAM: 1479 W EISENHOWER ST ITRAIU ta LOVELAND CO ttnLttwwT,(a,w�l�t�t,id.tl.wt�t�niwtntrt�dl,t NUTRITIONAL SUPPLEMENTS LLC 2042 ARAPAHOE ST DENVER CO 80205-2509 Deporinuntat Mrs's, • DETACH HERE • BWPORTANT NOTICE nom to Colorado Depuanod of Marna Reuss VERIFY that as Infommtlon an your new Belee tense la coned You can notify the Deperbnent of enure by calm m(303) V(7378),by le w a-net at Customer Support on ow web awW.Ant m or by writingColorado Deparlment of Revenue Denver CO 80251-0013 . Preprinted bran em be mead wait six was Tax sporting and payment are your responebllly whether or not you re- ceive your return babe the fling deadfs Blank tax tonne can bo obadngd from ow With ale srww.t scalo oer ar r or by 8 can (903)238-FAST (3278).In order b avow Isle pomade and Merest,min moist be POSTPnotify the Department It you decode=else at tee IOGSu.r. WPORifANT INFORMATION ABOUT YOUR LICENSE Colorado des requires Mapco Ile the required sales tax rearm even when you have no n l use eSIvIy If you do not fie the required else tax reams,the Departrerd eU automatically dome your a000ud and fie tense WI no longer be wed. NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The Colorado Dspertneud of Revenue Sales Tax infonnason System provides the following audmedd services: • Colorado Saes Tax retie-find speckle dpr,county and special detdd rates. • V`rdre3.of Sales Tax theme and Exemption Numbers-dolmens whether a Colorado Bode tax Wanes or Wren.tJn oerS I d mad. • • Tax Reds by Account Number-find sales fret rates and locators for sped&seise tow s000uds. The new spleen le mine at annsautelesseartscoss or by phone at(303)238-FAST(3278).For gene►d edomiallon Net www.tama teadsoaw or S(303)238-SERV(7378). SERVICE CENTER LOCATIONS: DEPMER SERVICE CENTER GRAND.c AMMON SERVICE CEdT9T 1878 Shwa'Street 2228.Shdh&hest,Room 208 Dower CO 80281 Grand Junction CO 81801 . COLORADO SPRINGS REGIONN.SERVICE CENTER PUEBLO SERVICE CENTER 4420 Mar BM Parkway 810 E.Abiendo aeee,SuaeM Colorado Space CO aoei8 Rabb CO 81004 • roar GOWNS REGIONALSE RVICECENTER • 1121 W.Raped Rd.,Balding D • Fad Colas CO 80528 tats STATE COUNTY COI RAM I4RJNFR uesmoourarsums I mom IForr4Ra SALES TAX lyd wss.s.s -.r * I kit fw4 awres .rtidirlAr n LICENSE • 42-89115-0003 06031 B 100109 FEB 04 it 2011 nos MINN.sumo POSTED AT DE POLL.Osaq LOCATION _ NAcomenculraPLACE: 1228 W ELIZABETH ST UNIT D8 NLE FT COLLINS CO ILJ4IumI.ftlmu1 laldd.411.--61.-.LJ-drLdbl NUTRITIONAL SUPPLEMENTS LLC 2042-2048 ARAPAHOE ST DENVER CO 80205-2509 • et ja visa/4k, Dbialor owns ofnarusr A DETACH MERE rsORUWrNOTn6 tun she Cat.ado Department of Remus Please VERIFY that al by cane(303)23B-SEFtV Information on yVlr new sales license b correct You an not ohs Dspafbrurlt of wca writing to: (7378).by e.mal at Customer Support on aIr web she wwwfleerm.:OAbladQoaa or by -Colorado Department of Revenue Denver CO 80281-0013 �you'reins 'n wtthla etc weda�it nwordp and payment are your w whether or not you is- Via Me mardamabredasoat orty p�23 thefts deadline.8-inks MTh.forms can be°bred d POSTMARKED an or befan the due deb.%bu must nobly the Department If you d�iue odes at locution.returns t be IMPORTANT INFORMATION ABOUT YOUR I.M :WM the Colorado o�+ad tax requireseat you Re he rsqubd sidesbx returns ewe when you have no SS sales sob*If you do not The rains he DepallTard*1 aubiWIoSy dose your account and It tense will no longer be ISM. NEW AUTOMATED MOM=POR AND MOUT MISINIRMEM The Colorado Department of Revenue Sties iir Inlbrrrxalbn System provides the Sowing automdsd ssn4oa.• Colorado&dee9lmrabe-find spedlc ay,aouyy and yodel Maid Fab& • Varllaalon of Wm it Minus ad Eian 4Ion Numbers-detrain M4msuar a Colorado sobs tax Ione or son eon osrilods b veld. * Tex Ries by Account Number-fled sales tax miss and loodons for sped8o Sat amounts. The mu system Is onto a1(ovinfandasisadsoass 238-SERV(7378).or by phone et(303)X98 FAST(8278} wend M►d Sarmatian NM SERVICE CENTER LOCATIONd: SERVICECENTER GRAND JuICnONaB nCECENTER UM Shinn StoatOmer CO so2e1 222 Sbar Bier,Room 208 amd rdJumbo 0081101 COLORADO SPRINGS REGIONAL SERVICE CENTER PUEBLO SERVICE CENTER 4420 Ausb Mulls Pathway 310E.Ald.rdo Anna.Subµ Coorado Spivs CO 80018 Pueblo CO81004 PORI-COLLINSF IONALSERVICEGEISEt • 1121 W.Prospsd Rd,Buldnp D Fart Colt's CO 80828 • IIlul lleol STATE COUNTY COLt1RAnf1 I ARINPR ussA0oouri tsamet n.wurY SALES TAX brae Warm —it .*. I ... ; r t� ` yKp a1 LICENSE 42-69115-0003 08031 . B 10010l; 0 TIN MINN MAT NI POSTED AT TIM rouawua LOCATION 'net ismoT N ACONIPCUOIA PLACE 9601 S COLLEGE AVE. . FT COLLINS CO UuIJLm.I.IR-...Id.-.L6LIJ1-.d-L.-LJ..J 1.11,1 NUTRITIONAL SUPPLEMENTS LLC 2042 ARAPAHOE ST DENVER CO 80205-2509 dRar.eA • . ♦ DETACH HERE A • IMPORTANT NOTICE • . tombs Cobweb DggrMMnt of Revenue Please VERIFY1hat e•hfornnellon on your new sales Nance is correct You an Lrotlly the Deculment d snots by a0hg @03)238-SERV(7378),by 0-mel at Customer Support ono web ells!ahem cam or by tatting to: , • Colorado pagan bnent of Revenue Denver CO 8028/013 Pmprtesd tonne wB be mailed wlllil six mob.Tax mpa ling and payment we yaw responsibility whe8ar or not you re- ceive you returns babe to Mng deeadlrrp,Bloc lex lone an be oblehnd from our Web site unvatiovektradabom or by bap(309)238-FAST(32T8).b ceder b avoid late prase and inbred,returns mwt be POSTMARKED an a before the due date.You nnMt ratify the Depart sent If you Mconinue ales at this location. IMPORTANT INFORMATION ABOUT YOUR LICENSE Colorado lew requires bet you M the required ales tax reform eUn when you have no rein sates ecUNtg If you do not tls be required des tax rebrm,the Department MI sabma c*dose your account and its lane err no lager be weld. NEW AUTOMAT®SERVICES FOR AND ABOUT BUSB&S8E8 • The C A:redo Deportment of Revenue Sales Tax intonation System provides the following automated Services: Colorado Sales it rates-find muscat dt1;cash and amid debt!rates. • VNNballon d Bales Tax roes end Examples Winters-Stamina whether a Colorado sates lea lams or ea rnpOon certificate is veld. • Tax Rates by Account Number-find sties lea roles and loose m for specific sales tea soaotwie. • The is ayeSn is online at www.SArrgauYee.eoa or by phone et(303)238-FAST(3278).For genteel Information visit oral(903)238-SERV(7978). SERVICE 0941ER LOCATIONS: DE Nyet SAUCE CEMIER GRAND a SERVICE OMER 1376 Shuman Street 2228.80a1 Street,roan 208 Dearer CO 80281 Grand Medan CO 81801 • COLORADO SPRINGS REGIONAL SERVICE CENTER PS.0 SERVICE=MR 4420 Cabre�Spr*p5CO60618 Bluffs Pelovey MR obbS O ^ 8r/teAN • FORT COLUNS REGIONAL SERVICE CENTER 1121 W.Prospect Rd.,Bolts D Fort Cotos CO 60526 - , t j ■ \ \ ` � k { ! t i Ij k ` , \ . i ' « . } \} � : . \` ` ` I ' ) , . g •, / . . . \ \ ( : ,■;t • y R <• . , \ � . Li � � \ . \ \ � , . 2 t.; hi ' . / : | / / :y a i! . . • .4'{ . ` --� - - ; _* EXHIBIT • cia ii . ° . �i Y3 T ,4,: `` tea\ • i 4 q e . i i^ �' a sti,1 13 f �o ?�'h%>4. h s '� 1t 3 a Nkw. .i,, , ..‘, vsk,, Nts ). ,), 14 ,, IN : \E \ J ems' • 4 NO',, ikl ) ''' 4: N . --ttl \ . 1,US,1 3 V,: 0 14 " ki ik ��•' � 4 \ -DITV t. . . .- I 1 - • '1/2, -b N 1.4 h \ .• +^ t e4\ • 4 i k. 1 • i44 zisk\\. 4 t '% o Av t o . C %411 dtri\ ( 4 10 H tflfrU 't i •tk C \ `� \ r J 3' Y 3 \ .1 4 --,11. 1; J. 1 ,k, ( . - kik r ti CI ....k.\$ %1&. '\: � � VI ‘A41 iv $ e � 41 i 1 .4% N a t t - A i , ' i 4 ) " \ r 41 1 .-1 , z � $ at! rt, - Ni. EXHIBIT 1 471 Let It Grow 250 Broadway *100 Denver CO 80203 303-300-6500 / 11/22/2009 3:40:26 PM. SUN 4 Active Aqua Pump 550 (4'H (SI $143.84 Ticket: 12908 - RegID: 1 AAPW550, 11 298144) � Location: lei it Grow Denver (Was 844.95, Saved $35.96) �.:/ Clerk: 85 2 ACTIVE AQUA 400 GM Mt (Ss $43,12 AAPW400, It 988193) mike/keener (Was $26.95. Saved $10.78) Customer ID: ilk. I 2X4 WHITE FLOOD TABLE (S$ St6.96 BCPT2X4, ill 425436) (Was $69.95. Saved $13.99) ---- ------ -- •---•---- 1 25 gal res black (Si N/A) $49.50 Qty Description Aeo nt (Was $61.95. Saved $12.39) • — . •------ 1 25 gal res cover black (St $25.56 . 2 RADIANT 8" A/C REFLECTOR (SI $303.92 N/A) RDBAC. 11 1350) (Was $31.96, Saved $6.39) (Was$188,95, Saved $75.98) 1 T5 IF 4. 4 TUBE SYSTEM $151.96 2 S4 1000W SUPER IIPS (S1 SL. 1190.40 • W/TUBES (St FLP44, it 313347) 100011.1125.YRD, IS 14181 (Was $189.95, Saved $37.99) — (Was $119.00. Saved $47.60) 10 MEDIUM ROUND AIRTIME (St $26.00 - --- 2 BALLAST-NEXTOEN 1000 (St $638.32 728410. II 2206) Payments Amount )[11000. II 612241) (Was $3.50. Saved $7.00) _____________- Om $398.95. Saved 1159.58) 1 ACTIVE ACM CONNER AIR 8 (SI $62.78 CASH $4,220.22 2 15' L/S LAMP CORD EXTEN (SI $31.82 PU701, 11 3431 ------ CSXCORD, II 1830) (Was $65.95, Saved $13.191 Total: $4,220.22 (Was 119.85, Saved 17.98) 1 BLACK HEISE ROLL 1/4" !MSS I' $12.80 2 40 gal resevolr bottom (SI- $127.92 (S1 HOTB25. II 3538) 707155. I1 124763) (Nos 116.00. Saved $3.20) Total. Saved: $979.4' (Was 179.95, Saved 131.98) 2 If DUAL OUTLET TIMER (St $28.72 2 40 GAL RESERVOIR LID Ott, (SI $87.92 TM010150. Is 1891) AMMAN., II 2431) (Was $17.95, Saved $7.181 (Was $54.95, Saved $21.981 1 MEASURE CUP 8 07 II/L000 (Si $1.60 Tax Jurisdiction Sales lax 1 IT CAN FAN MAX B", 654omt (St $229.32 HDIC2508. It 628894) - .- ___..__.-__— . .--____-_. _______ CFBWAX, It 625571) (Wes $2.00, Saved $0.40) Denver $3,917.77 $302.4 (Was $288.65. Saved$57.33) 1 MINI MEASI3E SHOT GLASS (SI $2.87 2 peraadict 8" x 25' (S1 N/A) $62.32 6530001, II 966) (Was $38.95, Saved $15.581 (Wes $3.59. Saved $0.72) All returns subject to approval A 25% 1 CF CM FILTER 125 (SI $261.32 1 Mil MULTI ENZYME 20 L (9* $436.80 restocking fee. SCCIFLTR125, II 1246) NO703. II 2249) :eipt required for all returns. Store cr (Wes $326.85, Saved $65.33) (Was $546.00. Saved $109.201 only. 1 CF CAN FLANGE 10" (SI CFF10, 110.71 1 H0 BUD XL 20 L (81 HG803. II $588.79 11 3475) 2251) (Wes $13.39. Saved$2.68) , (Was $736.99, Saved $147.20) 1 REDUCER 10" TO 8" (SI 736212. $11.59 1 NO TOP eonsIER 5 L (SI )IG902, 179.99 II 480) 11 1243) (Was $14.49. Saved 12.90) . (Was 199.99, Saved $20.00) 3 1/f" DRAIN BOTTp4 (SI 10. 17.08 20 )G SHOOTING PDWOER SACHT (SI $234.40 SDRAIN. II 683268) NO1001. It 1218) (Was'$2.95. Saved $1.77) (Was $14.65. Saved $58.60) 3 SCREEN TOP OILY (5t 16SS(3FFN; 14.77 — • - ----- II 1996) Sub Total: $3.917.77 (Was $1.99, Saved $1.20) Tax: 1302.45 3 3/4" DRAIN BOTTUM ($1 $7.08 _-___-- IGS3/40RAIN. II 1893) Total: $4.220.22 (Was 12.95. Saved $1.77) 3 SCREEN W/ FIXED 3" RISER (St $8.45 Item Cant: 79 IU SC3RIS:, I1 1597) (Wax $2.59. Saved 11.621 • 0 Let It Or-ow 250 Broadway 1100 Denver CO 60203 303-300.6510 2/6/2010 4:03:18 PM. SAT Ticket: 16328 - Reglb: I Location: Let it Grow Denver Clark: 85 alke Customer ID: mlke keenan --'— Payments Awutt Lily Description Amount ------------ ------ —• _ - —' -- --- ---' —•-_- -- `---- --- CASH $372.00 I RARE EARTH 1.5 L9 (S1 (141321, $6.59 - ---- It 128286) Total: $322.00 (Res $8.24. Saved $1.651 Change: $0.01 I G11 DIAMOND BI.A)( 1 LB (S1 $5.58 OH1341. 11 2364) (Was 15.98, Saved $1.40) Total Saved: S74. 75 1 CH MAXI GRO 4 LB (SI (111212. $23.96 III 1171 (Was $29.88. Saved $6.001 ------------------ - -.-.--.--- 1 OH MAXI BLOOM 4 16 (SO 041222. $23.98 Tax Jurisdiction Sales Tax It 119) •-•---- (Was 129.96. Saved $6.00) Denver $298.91 $23.08 1 clonal gel 26081 (611 726'010. 336.00 18.567393) (Wes $45.00. Saved $9.001 All returns subject to approval & 25% 1 huubolt sea stag qt (S4 723068. $19.19 restocking tee. I8 594806) Receipt required for all returns. Store credit (Was $2'3.99, Saved $4.80) only. 1 Sea Cal qt (S$ 723060, II $27.19 141245) (Was $33.99, Saved $6.801 48 GRODAW W100 8X6X5.8 (SI $124.80 713085. II 026790) (Was $3.25, Saved$31.20) 4 DOME. NGW 7" (S1 726241, II $22.24 442823) (Wes $5.96, Saved$5.56) 6 M0t1DI PROP TRAY 10X20 (S1 $9.36 MDTRAY. II 2214161 (Was $1.95, Saved $2.34) Sub Total: $298.91 $23.08 Total: $321.99 Item Count: 65 CD EXHIBIT I s CULTIVATION FACILITY LEASE ARTICLE ONE: BASIC TERMS This Article One contains the Basic Terms of this Lease Agreement between the Landlord and Tenant named below. Other Articles, Sections and Paragraphs of the Lease referred to in this Article One explain and define the Basic Terms and are to be read in conjunction with the Basic Terms. Section 1.01 Date of Lease:March 15,2010 Section 1.02 Landlord: Travis Bell,having its principal place of business at 1791 County Road 36 Berthoud,Colorado 80513. Section 1.03 Tenant: Nutritional Supplements Ile. a Colorado limited liability company having its principal place of business at 2042 Arapahoe St Denver,CO 80205 Section 1.04 Premises: The Premises consist of approximately 107.865 acres, The Facility consists of a house of approximately 2,700 square feet and three existing barns;Barn A approximately 1920 square feet,Barn B approximately of 2000 square feet,and Barn C approximately 3,840 square feet of space as delineated on the site plan attached hereto as Exhibit A(the"Site Plan") in a multi-tenant cultivation facility(the"Facility')commonly known as 1791 County Road 36 Berthoud,Colorado which is located on certain land located in Weld County,Colorado,and more particularly described on Exhibit B attached hereto (the "Property"). The area of the Premises and of the entire Facility set forth in this Section 1.04 shall be conclusive in the absence of fraud or manifest error.Tenant is leasing a portion of Barn C shown and described on Exhibit C comprising approximately 1920 square feet. Section 1.05 Lease Term: Five(5)years beginning on the Commencement Date(as set defined in Section 2.02 below). Notwithstanding anything set forth in this Lease to the contrary, in the event that the laws (federal, state, or local) change such that Tenant cannot operate from the Leased Premises or that the Leased Premises unmet be used for any one or more of the enumerated uses set forth in Section 1.06 of this Lease, Tenant shall have the option, upon fifteen (15) days prior written notice to Landlord, to terminate this Lease without liability. Tenant shall vacate and surrender the Premises in accordance with Section 6.06 of this Lease mid the Lease shall terminate and the parties shall be released hereunder,except with respect to those matters which expressly survive termination,and except that Landlord shall promptly refund any amount paid to it by Tenant hereunder. Section 1.06 Permitted Uses: Tenant shall use the Leased Premises for a pain management clinic, which may include, at Tenant's sole election, the cultivation of medical marijuana or similar type uses("Permitted Use") . Landlord represents that Tenant's use of the Leased Premises for the Permitted Use will not increase the cost to Tenant of Landlord's insurance. Tenant shall not do or permit anything to be done in or about the Leased Premises which will in any way obstruct or materially interfere with the rights of other tenants or occupants of the Facility or injure them, or use or allow the Leased Premises to be used for any unlawful purpose;nor shall Tenant cause, maintain or permit any unlawful nuisance in, on or Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this Ins*except the broker or brokers named in Section 1.09 above,and that it knows of no other teal estate broker or agent who is entitled to a commission la connection with this Lease. I IN WI NESS WHEREOF,Landlord and Tenant have execanad this Lease as of the data sel forth in Section LOU above. LANDWRfk Travis Bell• I TENANT:Nutritional Supplements 11.c. By• � _ I I? l'd 60C0M0ZL Remo 'Im9PWJ Ul COMM Page 1 of2 Rita M. Connerly From : Susan E. Campbell Sent: Monday, August 02, 2010 1 :30 PM To: Rita M. Connerly Cc: Jeannie Lucero Subject: FW: FedEx Shipment 793779967909 Delivered From: TrackingUpdates@fedex.com [mailto:TrackingUpdates@fedex.com] Sent: Monday August 02, 2010 1 :22 PM To: Susan E. Campbell Subject: FedEx Shipment 793779967909 Delivered This tracking update has been requested by : Company Name : FAIRFIELD AND WOODS , P . C Name : Susan Campbell E -mail : scampbell@fwlaw . com Our records indicate that the following shipment has been delivered : Reference : 10031 . 001 Ship ( P/U) date : Jul 30 , 2010 Delivery date : Aug 2 , 2010 1 : 17 PM Sign for by : L . DODGE Delivery location : GREELEY , CO Delivered to : Receptionist/Front Desk Service type : FedEx Standard Overnight Packaging type : FedEx Envelope Number of pieces : 1 Weight : 0 . 50 lb . Special handling/Services : Deliver Weekday Tracking number : 793779967909 Shipper Information Recipient Information Susan Campbell Department of Planning Services FAIRFIELD AND WOODS , P . C Weld County 1700 Lincoln Street 1555 N 17TH AVE Wells Fargo Center , Suite 2400 GREELEY Denver CO CO US US 80631 80203 Please do not respond to this message . This email was sent from an unattended mailbox . This report was generated at approximately 2 : 22 PM CDT on 08 / 02/ 2010 . EXHIBIT I - il - 1 / ,1 1 /7/2011 z c_ � 1 o Co/3' 7 Page 1 of 2 Rita NI. Connerly From: Susan E. Campbell Sent: Monday, August 02, 2010 2:24 PM To: Rita M. Connerly Cc: Jeannie Lucero Subject: FW: FedEx Shipment 793779956772 Delivered From: TrackingUpdates@fedex.com [mailto:TrackingUpdates@fedex.com] Sent: Monday August 02, 2010 2:23 PM To: Susan E. Campbell Subject: FedEx Shipment 793779956772 Delivered This tracking update has been requested by: Company Name: FAIRFIELD AND WOODS, P.C Name: Susan Campbell E-mail: scampbell@fwlaw.com Our records indicate that the following shipment has been delivered: Reference: 10031.001 Ship (P/U) date: Jul 30, 2010 Delivery date: Aug 2, 2010 2:18 PM Sign for by: A.PENNINGTON Delivery location: GREELEY, CO Delivered to: Receptionist/Front Desk Service type: FedEx Standard Overnight Packaging type: FedEx Envelope Number of pieces: 1 weight: 0.50 lb. Special handling/Services: Deliver Weekday Tracking number: 793779956772 Shipper Information Recipient Information Susan Campbell Mr. Bruce Barker FAIRFIELD AND WOODS, P.C Weld County Attorney 1700 Lincoln Street 915 TENTH STREET Wells Fargo Center, Suite 2400 PO Box 758 Denver GREELEY CO CO US US 80203 80632 Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 3:23 PM CDT on 08/02/2010. 1/7/2011 From: Origin ID:TEXA (303)694-4471 Ship Date:30JUL10 Susan Campbell fCt75LS. ActWgt 1.0 LB FAIRFIELD AND WOODS,P.C farm CAD:101752994r1NET3060 1700 Lincoln Street Wells Fargo CO ente,Suite 2400 Delivery Address Bar Code Dells 1II�'' IIIII� 4.02•11.060.26IIIIIIIIIIIIIIIIIIII I IIIIIIIIIIIIII I III SHIP TO: (970)3536100 X3540 BILL SENDER Ref# 10031.001 Department of Planning Services Invoice# Weld County PO#Dep # 1555 N 17TH AVE GREELEY, CO 80631 MON - 02 AUG A2 TRKtf 201 i I 7937 7996 7909 STANDARD OVERNIGHT � � � .I5 55ii� 0201 j}11 I+ {I! V' T� 80631 i L ' � �f 1111 72 GXYA DEN After printing this label: 1.Use the'Print'button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges,along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide,available on fedex.com.FedEx will not be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation,unless you declare a higher value,pay an additional charge,document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply.Your right to recover from FedEx for any loss,including intrinsic valueof the package,loss of sales,income interest,profit,attorney's fees, costs,and other forms of damage whether direct,incidental,consequential,or special is limited to the greater of$100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is$500,e.g.jewelry,precious metals,negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current FedEx Service Guide. Global Home I Small Business Center I Service Info I About FedEx I Investor Relations I Careers I fedex.com Terms of Use I Security&Privacy I Site Map I This site is protected by copyright and trademark laws under US and International law.All rights reserved.©1995-2010 FedEx Fran: Origin ID:TEXA (303)894-4471 cam-p�['�<- Ship Date:30JUL10 Susan Campbell — bile's a LB94ANET3060 gt:1.0 LB FNRFIELD AND WOODS,P.C 1700 Lincoln Street xm. n Denver,Wells Fargo Center,ent3 Suite 2400 Delivery Address Bar Code III OM NI I SHIP TO: (970)336-7235 BILL SENDER Ref# 10031.001 Mr. Bruce Barker Invoice# Weld County Attorney oept## PO Box 758 915 TENTH STREET GREELEY, CO 80632 MON - 02 AUG A2 II 0201 7937 7995 6772 STANDARD OVERNIGHT lid }� hill dd80632-rrs �� } I 72 GXYA DEN After printing this label: 1.Use the'Print'button on this page to print your label to your laser or inkjet printer. 2.Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your Fed Ex account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide,available on fedex.com.FedEx will not be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation,unless you declare a higher value,pay an additional charge,document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide-apply.Your right to recover from FedEx for any loss,including intrinsic valueof the package,loss of sales,income interest,profit,attorney's fees, costs,and other forms of damage whether direct,incidental,consequential,or special is limited to the greater of$100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is$500,e.g.jewelry,precious metals,negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current FedEx Service Guide. Global Home I Small Business Center I Service Info 1 About FedEx I Investor Relations I Careers I fedex.com Terms of Use I Security&Privacy I Site Map I This site is protected by copyright and trademark laws under US and International law.All rights reserved.©1995-2010 FedEx Page 1 of 2 Rita M. Connerly From: Brett Barney[barneylawoffice@gmail.com] Sent: Friday, July 30, 2010 4:06 PM To: Tom Parko Cc: Rita M. Connerly Subject: Re: NCU-516, Part of the SE1/4: S5; TN3: R68W, Mr. Travis Bell Attachments: Full_Letter_with_Exhibits_(00764674)[1].pdf Mr. Parko, Attached, please find a comprehensive response to the request for further documentation in support of Mr. Bell's and Nutritional Supplements, LLC's application for non-conforming use. On Mon, Jul 19, 2010 at 4:55 PM, Tom Parko <tparkona co.weld.co.us> wrote: Yes, according to the County Attorney and given Mr. Bell's circumstances we will grant an extension to July 30, 2010. Tom Original Message From: Brett Barney [mailto:barnevlawoffice@gmail.com] Sent: Monday, July 19, 2010 3:49 PM To: Tom Parko Subject: NCU-516, Part of the SE1/4: S5; TN3: R68W, Mr. Travis Bell Dear Mr. Parko, I represent Travis Bell, and I met you with Mr. Bell when he submitted his application for non-conforming use on June 17th, 2010. I am in receipt of your letter dated July 14, 2010, as it was passed to me by Mr. Bell's family. As you may be aware, Mr. Bell recently suffered a traumatic injury shortly after the submission of his application and has been receiving treatment for his injuries out of state, but is due to fly in to Denver this evening. Under the circumstances, I was writing to ask if we may receive an extension of three days, until July 23, 2010, to provide you with further substantiating documention in support of Mr. Bell's application? Given the circumstances of Mr. Bell's injury, and that fact that he possesses much of the original documents, I would respectfully request that we be granted a reasonable extension. Please let me know if this small accommodation can be made at your earliest convenience. Brett S. Barney, Esq. P.O. Box 181423 Denver, CO 80218-1423 (720) 629-5097 - Phone (303) 253-9817 - Fax This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient(or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. 1/10/2011 Page 2 of 2 Brett S. Barney, Esq. P.O. Box 181423 Denver, CO 80218-1423 (720) 629-5097 - Phone (303) 253-9817 - Fax This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. 1/10/2011 Page 1 of 1 Rita M. Connerly From: Tom Parko [tparko@co.weld.co.us] Sent: Wednesday, August 04, 2010 9:22 AM To: Rita M. Connerly Cc: Bruce Barker; Trevor Jiricek Subject: Travis Bell Attachments: AFFIDAVIT OF CULTIVATION OF MEDICAL MARIJUANA.doc Rita: I am in receipt of your letter addressed to Weld County Attorney, Bruce Barker, re: Travis Bell. Please see affidavit that Mr. Bell needs to sign and return to me. Once I have the signed and notarized affidavit I can issue the Non-Conforming Use. Please keep in mind that the NCU will cover the three (3) existing buildings, but not the three new buildings. MMJ cannot be grown in the three new buildings as this would violate the code pertaining to NCU's. If you have any questions please feel free to contact me. Kind regards, Tom Parko, M.A., CFM Planning Manager Weld County Planning Services Office: 970-353-6100, ext 3572 Mobile: 970-302-5333 Web: http://www.co.weld.co.us fittleg‘P lINDe COLORADO EXHIBIT 1 - 1 re] - 5 ECV io bt13c) 1/10/2011 Page l of 3 • Forwarded message From: Tom Parko <tparko@co.weld.co.us> Date: Mon, Aug 2, 2010 at 7:54 AM Subject: RE: NCU-516, Part of the SE1/4: S5; TN3: R68W, Mr. Travis Bell To: Brett Barney <bameylawofficeaigmail.com> Please complete the affidavit, which is attached and return to me. Once I have this I will issue the NCU. Tom Original Message From: Brett Barney [mailto:barnevlawofficena,gmail.com] • Sent: Friday, July 30, 2010 4:06 PM To: Tom Parko Cc: Rita M. Connerly Subject: Re: NCU-516, Part of the SE1/4: S5; TN3: R68W, Mr. Travis Bell Mr. Parko, Attached, please find a comprehensive response to the request for further documentation in support of Mr. Bell's and Nutritional Supplements, LLC's application for non-conforming use. On Mon, Jul 19,2010 at 4:55 PM, Tom Parko <tparko(aa,co.weld.co.us>wrote: Yes, according to the County Attorney and given Mr. Bell's circumstances we will grant an extension to July 30, 2010. Tom Original Message From: Brett Barney [mailto:barnevlawoffice@gmail.com] Sent: Monday, July 19, 2010 3:49 PM To: Tom Parko Subject: NCU-516, Part of the SE1/4: S5; TN3: R68W, Mr. Travis Bell • Dear Mr. Parko, 1/10/2011 AFFIDAVIT OF CULTIVATION OF MEDICAL MARIJUANA IN A (AGRICULTURAL) ZONE IN WELD COUNTY PRIOR TO JUNE 1, 2010 The Affiant, J ; �� '` " 5 cc 4'' fir , being duly sworn upon oath and under the penalty of perjury, states and deposes as follow . 1 . That I am over eighteen years of age. 2. That I am familiar with and have personal knowledge of the medical marijuana cultivation operation which exists at 7 i/ (Arc sy cno, -3 e.- 6,7 ,- //) c C (2/ ("5-/3 3. That the cultivation operation at that location was in existence prior to June 1, 2010. 4. That I am signing this Affidavit for the purpose of obtaining a Nonconforming Use ("NCU") letter for said cultivation operation pursuant to Section 23-7-30 of the Weld County Code. 5. That I understand that if such NCU letter is issued, the cultivation operation will expire on June 30, 2011 , because the Board of County Commissioners of Weld County will not be issuing any of the licenses described in H.B. 10-1284. 6. That I further understand that the NCU letter is not a license as described in H.B. 10- 1284, nor does it create a right to such a license. 7. That I further understand that the Board of County Commissioners on the 26th day of July, A.D., 2010 duly made and seconded Ordinance Number 2010-6 to prohibit in Weld County the cultivation, manufacture, distribution, or sale of medical marijuana or medical marijuana-infused products and prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses in any zone district. No extension of time of the NCU Letter will be issued. vb Further, that the Affiant sayeth naught. SI ATUR COUNTY OF WELD ) ) ss. STATE OF COLORADO ) SUBSCRIBED AND SWORN TO before me this c.72 day of -Z°-' " 6, 4 2010, by Witness my hand and official seal. %s' x ale y ,. .�: (�• NOTARY I /140TARy :S =; tads. ' SEAL •: • • 7` >/ • �ti pt1BLIC . My commission expires: •' EXHIBIT atiC,ammiesial tykes Sept 24, 2013 I -I1— I1 E. C-8/ 10 0pi39 111111111111111111 11111 lllllt LIII 11111 III 111111 (II lIII 3713946 08/25/2010 0.00 0D 0 00 Steve Moreno Clerk & Recorder 44 of 45R R BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2010-6 was, on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D. , 2010. BOARD OF COUNTY COMMISSIONERS 1ELD__ COUNTY, COLORADO �- - 1 ( ATTEST: rr r.' i l* ti lO.) c$k � O: Do s Rade acher, C air I Weld County Clerk to th ►aR : ` . .��'s'• Ass ' x ;1O. sip ak-014--. it �,,r I ara Kirkmeyer, P -Tem BY: ,.ai. jam. `$ ra-4,, �i 1._ ``` ,.., tothe Boa 7%Z°.c°. 33: Pi CI)-- Deputy Clerk ,nalliSPIPP� Sean P. ay APP ED FORM: `' Wil . G is County Attorney David E. Long Publication: May 20, 2010, in the Windsor Beacon First Reading: June 21 , 2010 Publication : July 1 , 2010, in the Windsor Eleacon Second Reading: July 12, 2010 Publication: July 15, 2010, in the Windsor Beacon Final Reading: July 26, 2010 Publication: July 29, 2010, in the Windsor Beacon Effective: August 3, 2010 EXHIBIT b NH / III 3 JA A _ 7 s.ry i0 0o13°f Page 44 2010-1670 ORD2010-6 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 26, 2010 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, July 26, 2010, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tern Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of Finance and Administration, Monica Mika MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of July 21 , 2010, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of Hearings conducted on July 21 , 2010, as follows: 1 ) USR #1739 — Carma Bayshore, LLC, c/o Kerr-McGee Oil and Gas Onshore, LP; 2) USR #1704 — Shelton Land and Cattle, Ltd., and Heartland Renewable Energy, LLC; and 3) USR #1741 — Roswell and Kerry Checketts. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, WELD COUNTY RURAL TASK FORCE - TED CARLSON, LES HARDESTY, TOM HAREN, JERRY HERGENREDER, TOM HOLTON, MARK PELZEL, LYNDA PRUETT, LAR VOSS, AND FRED WALKER: Chair Rademacher read the certificates into the record, recognizing Ted Carlson, Les Hardesty, Tom Haren, Jerry Hergenreder, Tom Holton, Mark Peizel, Lynda Pruett, Lar Voss, and Fred Walker for their service on the Weld County Rural Task Force. Commissioner Conway thanked the members who served on the Weld County Rural Task Force, and he stated the process required many meetings and the members performed a great public service. Minutes, July 26, 2010 2010-1688 Page 1 BC0016 4111 EXHIBIT, i _ EsCv iO oo13c7 • COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. BIDS: PRESENT BID #B1000125, BI-FUEL CONVERSION KITS AND INSTALLATION FOR VARIOUS VEHICLES — DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT/FLEET MAINTENANCE: Monica Mika, Director of Finance and Administration, stated said bid will be presented for approval on August 9, 2010, and although staff spoke to four(4) potential vendors, only one (1)vendor submitted a bid. She stated several work sessions have been conducted regarding this matter and she is comfortable with proceeding with the one (1) vendor that submitted a bid due to the uniqueness and proprietary nature of the project. NEW BUSINESS: CONSIDER TWO COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated these items are two (2) Multi-Disciplinary Youth Assessment Team (MYAT) agreements and leases with LifeBridge Christian Church and Saint Vrain Valley School District RE-1J for a term which commenced July 1, 2009, and ended June 30, 2010. She stated the agreements and leases were reviewed in a work session; however, the items were mistakenly not presented to the Board for formal approval; therefore, she must now request approval. She stated the agreement with LifeBridge Christian Church is for$50,753.00, and the agreement with Saint Vrain Valley School District RE-1J is for $40,483.90, for the agencies to serve a minimum of 100 eligible youth and families. Commissioner Conway moved to approve said agreements and leases and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN — EATON EARLY • LEARNING CENTER: Ms. Griego stated this agreement is for the Therapeutic Pre-School Program, for children ages 2.5 through five(5), and it is for an amount of$9,600.00. She stated this agreement was also reviewed at a work session and not formally approved, and the term of the agreement commenced January 1, 2009, and ended December 31, 2009. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY PERMIT FOR SEPTEMBER 24, 25, AND 26, 2010 - LOVE-AIR R/C, INC.: Michael Harrington, Event Co-Director for Warbirds Over the Rockies, stated this is the fourth year the event has been conducted at a field owned by Love-Air R/C, Inc., and each year a permit has been obtained from the County. He stated traffic control has been arranged with a new company based out of the Town of Windsor, portable toilets will be provided by Portable Rental Systems, which is based out of the Town of Ault, and Waste Management will provide a dumpster for trash disposal. He further stated that he is trained in wilderness first aid, and the Ault Fire Department will be the first responder for emergency medical services. Mr. Harrington stated security will be provided by the club members, food and drinks will be available from Famous Dave's BBQ, and spectator seating will be available. In response to Chair Rademacher, Mr. Harrington stated alcohol will not be served at the event, and approximately 2,000 people attended the event last year on its busiest day. He stated last year there were some issues with the parking situation and he has made arrangements to better facilitate parking this year. He clarified there was plenty of room for parking last year; however, people were not being instructed where to park and they were taking more space than was necessary. Chair Rademacher stated the permit application indicates Mr. Harrington anticipates up to 2,000 people may attend the event; however, perhaps he should indicate up to 2,500 people may attend the event each day, since more people may attend the event this year. Minutes, July 26, 2010 2010-1688 • Page 2 BC0016 • Bruce Barker, County Attorney, stated a temporary assembly permit is required in order to have more than 350 people attend an event; however, there is no maximum number of people allowed, and the number of people the applicant anticipates attending is just an estimate. Commissioner Kirkmeyer requested that Mr. Harrington meet with Roy Rudisill, Office of Emergency Management, to ensure an emergency management plan is in place. Mr. Harrington stated he is familiar with emergency management plans and he appreciates Commissioner Kirkmeyer's suggestion. In response to Commissioner Conway, Mr. Harrington stated the traffic control will work in conjunction with the Colorado Department of Transportation (CDOT) and the Weld County Sheriffs Office. Commissioner Garcia moved to approve said Temporary Assembly Permit for September 24, 25, and 26, 2010. Seconded by Commissioner Long,the motion carried unanimously. CONSIDER PETITION TO VACATE A PORTION OF CR 26 TO THE EAST OF THE INTERSECTION OF CRS 26 AND 21.5- MULTIPLE PETITIONERS: Don Carroll, Department of Public Works, stated multiple property owners have submitted a petition for the County to vacate a portion of County Road 26 right-of-way, which is located east of County Road 21.5 for approximately one (1) mile on the south side. He stated the Kiyota Greenhouses buildings have encroached onto the surrounding property; therefore, Daisy and Howard Kiyota have entered into an agreement to purchase 4.7 acres from Golden Dome Aggregates, LLC. He stated Golden Dome Aggregates, LLC, and the Kiyotas have been working with Michelle Martin, Department of Planning Services, to amend Lot B of Recorded Exemption #4153; however, Lot B cannot be amended until this section of right-of-way has been vacated. He stated in addition to Daisy and Howard Kiyota, Golden Dome Aggregates, LLC, and Donald and Shirley Ann Kanzler are petitioning for the vacation of this section of roadway, and the Department of Public Works supports the petitions. Mr. Carroll stated if the County decided to utilize this road right-of-way to extend County Road 26, it would have to address numerous issues, including existing structures, crossing the river, and flood plain issues. • Larry Clark, Golden Dome Aggregates, LLC, stated his company acquired the property adjacent to Kiyota Greenhouses approximately seven (7) months ago and he discovered Kiyota Greenhouses had been leasing the north property line for many years; therefore, he offered to sell the leased property to the Kiyotas and they began the process to amend Lot B. He stated after beginning the process, it was discovered the road right-of-way had been in existence for over 100 years; however, it has never been utilized by the County, and Ms. Martin instructed the involved parties to resolve the right-of-way issue prior to pursuing amending Lot B. In response to Chair Rademacher, Mr. Barker stated he concurs with staff that vacation is appropriate in this case. Mr. Carroll stated generally the County prefers to retain its right-of-way; however, this particular portion of right-of-way is not a good fit for the County. Chair Rademacher stated he is hesitant to vacate anymore rights-of-way. In response to Commissioner Long, Mr. Clark confirmed this right-of-way has never been utilized as a roadway and there are structures constructed within it. Responding to Commissioner Long, Mr. Carroll stated none of the property owners will become landlocked by vacating this right-of-way. In response to Commissioner Kirkmeyer, Mr. Carroll stated there are existing accesses in place and staff will not be creating any new accesses,and the request is to vacate a 30 foot section of right-of-way located south of the section line. In response to Commissioner Kirkmeyer, Mr. Clark clarified the Kiyotas will become the owners of the former right-of-way when they purchase 4.7 acres of property from Golden Dome Aggregates, LLC, which includes the section of County right-of-way. Commissioner Long moved to approve said petition. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 122 AT CR 89: Janet Carter, Department of Public Works, stated she is proposing installing two (2) stop signs at the intersection of County Roads 89 and 122 near the Town of Grover, which owns half of the intersection. She stated since she submitted the documentation the Board is viewing, more recent traffic counts have to conducted, and she is now recommending stopping eastbound and westbound traffic, as opposed northbound and southbound traffic. She stated the average daily traffic count on County Road 89 was Minutes, July 26, 2010 2010-1688 Page 3 BC0016 • • 157 vehicles, according to a traffic count conducted in the year 2009, and as of last week, the average daily traffic count was 439 vehicles, and approximately 55 percent of traffic in the area is trucks. In response to Chair Rademacher, Ms. Carter stated a portion of County Road 89 was recently treated with Recycled Asphalt Pavement (RAP), and Noble Energy paved a portion of County Road 89 and will be paving a portion of County Road 87. Commissioner Long stated the paving which Noble Energy will be completing on County Road 87 will be on the west side and it will also be paving the north part of County Road 22 within the Town of Grover. He stated Noble Energy paved a portion of County Road 89 last year; however, it is north of the intersection, and he moved to approve said installation of stop signs on County Roads 122 at County Road 89. In response to Commissioner Conway, Ms. Carter stated the Town of Grover approved the installation of the stop signs on July 15, 2010. Commissioner Conway seconded the motion,which carried unanimously. CONSIDER APPLICATION FOR JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) AND AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Weld County Sheriffs Office, stated this application was discussed at a work session and it is applying for $28,281.00. He stated a cash match will be provided by North Range Behavioral Health and there is no cost to the County, and the funds will enable North Range Behavioral Health to provide services to at risk youth who are involved in the criminal justice system. Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia,the motion carried unanimously. CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 243-A SUPPLEMENTAL APPROPRIATION FOR 2010: In response to Commissioner Kirkmeyer, Ms. Mika stated this Resolution must be published two (2)weeks before the Board reviews the Ordinance and the specific appropriation. Commissioner Long moved to approve said Resolution directing the Clerk to the Board to publish Emergency Ordinance No. 243-A Supplemental Appropriation for 2010. Seconded by Commissioner Garcia, the motion carried • unanimously. PLANNING: FINAL READING OF CODE ORDINANCE #2010-6, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, CHAPTER 26 RUA, CHAPTER 27 PUD, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE: Commissioner Long moved to read Code Ordinance#2010-6 by title only. Seconded by Commissioner Garcia,the motion carried unanimously. Mr. Barker read the Ordinance into record by title. Tom Parko, Department of Planning Services, stated staff made several changes to the Ordinance text following the work session, based on the Board's direction. He stated there was a change made to the language regarding Class II commercial vehicles, in Section 23-1-90, on Page 7 of the Ordinance. Chair Rademacher stated the language addresses his concerns. In response to Chair Rademacher, Mr. Parko confirmed there is a proposed change to the language regarding non-commercial towers on Page 8, which states: °Any mast or pole taller than 40 feet and permanently attached to the property." Mr. Parko clarified the height was increased from thirty (30) to forty (40) feet. He stated the next proposed change to the Ordinance is on Page 35, Section 23-4-895.C, which will state: "Non-commercial towers must be setback from any existing or planned overhead transmission lines a distance equal to the height of the tower" He stated the word transmission should be added to the language, since many lines on private property are not transmission lines and the existing language was too general. Mr. Parko stated specifying transmission lines will adequately address staff's concerns, since staff is not concerned about a tower falling and damaging other types of lines, which the property owner would be responsible for repairing, and the damage to other types of overhead lines will not affect an entire region; only the property owner will be affected. Commissioner Long suggested that Item C state "a height more than the height of the tower,"as opposed to "equal to the height of the Minutes, July 26,2010 2010-1688 Page 4 BC0016 • • tower" In response to Mr. Parko, Commissioner Long stated he does not need the language to specify how much greater in height. Mr. Bather stated "greater than"is sufficient for the proposed language. Mr. Parko stated on Page 47, under the Notes on Appendix 23-F, the tower height needs to be changed from thirty (30) to forty (40) feet and the language specifying a specific weight needs to be removed, in order to be consistent with the other proposed changes. In response to Mr. Barker, Mr. Parko confirmed there is a proposed change on Page 12 regarding commercial vehicles, which states: "In no case is a tractor-trailer and two(2)additional two rear axle vehicles permitted on a parcel of land less than eighty (80) acres, without the appropriate land use permits." In response to Mr. Barker, Mr. Parko confirmed the appropriate land use permits include a Class II home occupation permit. Commissioner Long suggested the proposed language be changed to state"and no more than one (1) tractor trailer and one (1) two rear axle vehicle will be permitted, without the appropriate land use permits,"instead of stating "and two(2)additional rear axle vehicles". He clarified one(1)rear axle vehicle is allowed without a permit, and he suggesting the section state what is allowed without a permit. Mr. Barker suggested the Board consider amending the Ordinance with the proposed language before moving forward. Commissioner Kirkmeyer suggested the language state, "Without the appropriate land use permits, only one (1)tractor trailer and one(1)two rear axle vehicle are permitted on a parcel of land less than eighty(80) acres." Commissioner Long moved to amend the language to Section 23-3-30, to include the language proposed by Commissioner Kirkmeyer. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Commissioner Kirkmeyer moved to amend all the references to non-commercial towers in the Code to be changed from thirty (30) to forty (40) feet, with no weight limit. Commissioner Long seconded the motion, which carried unanimously. (Clerk's Note: Definition also modified in Section 23-4-804.) Commissioner Kirkmeyer moved to amend the language in Section 23-4-895.C to state, "Non-commercial towers must be setback from any existing or planned overhead transmission lines a distance greater than the height of the tower." Commissioner Conway seconded the motion,which carried unanimously. • Bill Bartlett, Weld County resident, stated he spoke to Mr. Bather last week regarding medical marijuana and he mentioned the Board has concerns about the potential pressures which may result on local police and fire departments in unincorporated areas. He stated he is not in favor of prohibition and it creates more problems than it solves. He inquired as to whether there has been an increase in crime in unincorporated Weld County and if this is the motivation for the Board banning medical marijuana facilities. Chair Rademacher stated there have not been any medical marijuana facilities approved in unincorporated Weld County. In response to Mr. Bartlett, Chair Rademacher confirmed the Ordinance is a pre-emptive measure. Commissioner Kirkmeyer stated the Ordinance addresses the land use issues concerning medical marijuana facilities; however, the Sheriff would need to respond to questions about law enforcement issues. Commissioner Long stated there have been some sites illegally growing medical marijuana in northeast Weld County and the facilities have been a challenge to law enforcement and required a great deal of time. In response to Mr. Bartlett, Chair Rademacher confirmed this is the final reading of the proposed Ordinance. He stated the Board is aware medical marijuana will be grown within Weld County and the Ordinance allows for authorized caregivers and patients to grow medical marijuana. He stated growing and selling marijuana is against Federal law, which is the main reason he is opposed to it, and the Federal government may begin enforcing its laws regarding marijuana at any point. Mr. Bartlett stated he heard legalizing recreational marijuana use will be proposed in the future, and he inquired as to how the Board feels about it. Chair Rademacher stated as long as it is illegal at the Federal level, he is opposed to it. He stated any operators of medical marijuana facilities which can prove they were operating as of June 1, 2010, will be able to continue operating until July 1, 2011, and after that date, they will need to be licensed by the State; however,Weld County will not be issuing any local licenses. Commissioner Long stated he would like to remove a portion of the Ordinance regarding subdivision design standards from Page 42 of the Ordinance and continue this portion of the Ordinance to another date, to allow time for additional discussion. He stated the Board seems to be in agreement with all the Minutes, July 26, 2010 2010-1688 Page 5 BC0016 • • other issues discussed from the Ordinance; however, it seems to need additional time to provide more direction and clarification on this issue. Commissioner Kirkmeyer concurred with Commissioner Long that more time is needed to discuss the matter; however, she indicated she does not want to start the Ordinance process over from the beginning. She stated if this portion can be removed and continued to a particular date, she is in favor of it. In response to Mr. Barker, Commissioner Long clarified he would like to continue just this portion of the Ordinance; however, he would like to approve the rest of the Ordinance today. Mr. Barker stated if the Board removes a portion of the Ordinance on the final reading, it will have to restart the Ordinance process and conduct three (3) readings for the removed portion of the Ordinance. In response to Commissioner Long, Mr. Barker stated the Board may continue the third reading of the Ordinance in its entirety; however, it cannot continue one(1) portion of the Ordinance. He recommended the Board continue the Ordinance and the Board can determine whether it would like to remove the portion in question. Commissioner Long stated he does not want to continue the entire Ordinance because he does not want to delay the portion pertaining to medical marijuana, and he moved to withdraw the proposed amendments to Section 24-8-20 regarding recorded exemptions from the Ordinance. He stated there are some other planning matters which may be addressed in the same Ordinance as where the recorded exemptions are addressed. Commissioner Conway seconded the motion, and he stated he wants to make sure the issue is resolved; however, he does not want to delay the rest of the Ordinance. Commissioner Garcia inquired as to whether there are any concerns about delaying the portion of the Ordinance pertaining to recorded exemptions. Commissioner Kirkmeyer stated people may try to further divide Lot Bs which are less than 35 acres in size. There being no further discussion, the motion carried unanimously. Commissioner Long expressed his appreciation to the public for their feedback, he stated the Board has been deliberate in process, and he moved to approve Code Ordinance#2010-6 on final reading, as amended. Commissioner Garcia seconded the motion. Chair Rademacher thanked the Weld County Rural Task Force, staff, and the members of the public who provided input regarding the Ordinance. Commissioner Conway stated as long as the Federal government deems marijuana to be an illegal • product, he does not feel comfortable allowing Weld County citizens to operate medical marijuana facilities, since a new U.S. Attorney could choose to begin enforcing the Federal laws against marijuana. Commissioner Kirkmeyer stated the Commissioners take an oath of office to uphold the State and Federal laws and growing and selling marijuana is not legal. There being no further discussion, the motion carried unanimously. HEALTH NEW BUSINESS: CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JAMES WRENFROW FOR VIOLATION OF WELD COUNTY CODE: Troy Swain, Department of Public Health and Environment, stated he is requesting that the Board order the abatement of a nuisance condition. He stated James Wrenfrow has disposed of household trash which was collected on his service route, onto his property,which is in violation of Section 30-20-102, C.R.S., and the Weld County Code. He stated the household waste on Mr. Wrenfrow's property constitutes a nuisance and health hazard, and notice of the nuisance condition and today's hearing were delivered to Mr. Wrenfrow on July 22, 2010. Mr. Swain stated he received a complaint from a citizen on July 21, 2010, as well as complaints and spill reports from the Weld County Sheriff's Office and the Colorado Department of Public Health and Environment. He stated an inspection revealed that compacted household trash from Mr. Wrenfrow's service route had a strong foul odor and was attracting flies and birds. He stated the Department requested that Mr. Wrenfrow remove and properly dispose of the household trash on his property, which has not been completed. Mr. Swain requested that the Board of County Commissioners, acting in its capacity as the Board of Health, orders Mr. Wrenfrow to abate the nuisance condition on his property within 24 hours, in accordance with Section 25-1-518, C.R.S. He stated staff has provided photographs and other documentation to the Board, and the property conditions remain the same as in the photographs. Chair Rademacher inquired as to why this matter is not being considered at a regular violation hearing and he stated there appear to be numerous violations on the property. Mr. Swain stated this hearing is just to address the trash on the property, Minutes, July 26,2010 2010-1688 Page 6 BC0016 • • and it is being addressed today, as opposed to waiting for the next violation hearing, because the trash is compacted; therefore, the trash is not bagged and it is exposed, and the matter is time sensitive. Mr. Barker stated he has just e-mailed the Board a copy of Section 25-1-518, C.R.S., and he stated the Board of County Commissioners is acting as the Board of Health on this matter, in accordance with the Home Rule Charter. He stated the Board can order the property to be cleaned up within 24 hours and if it does not happen, the Board can bill the property owner for the County's clean-up costs. He stated the zoning violation will also be considered on August 9, 2010. Mr. Swain stated he spoke to Mr. Wrenfrow this morning and he indicated he will not be able to attend today's hearing since he is driving another company's truck to be able to pick up the trash on his routes today. He stated Mr.Wrenfrow indicated last Wednesday it would take five (5) to seven (7) days for him to remove the trash from the property; however, he is now unsure of how long it will be before he has the necessary funds to remove the trash from his property. In response to Commissioner Conway, Mr. Swain stated that Mr. Wrenfrow has stopped hauling new trash onto the property and the last load he brought to the property was on Monday of last week. He stated there were approximately five (5) or six (6) loads of compacted trash dumped on Mr. Wrenfrow's property, and the trash will expand if it remains on the property. He stated last Wednesday staff requested that Mr.Wrenfrow cover the trash on the property, and he subsequently covered a portion of the trash with plastic, which he weighted down with tires and wood. In response to Commissioner Conway, Mr. Swain stated this situation is an immediate health hazard, particularly due to the current high temperatures. He stated the Department may have to initiate a bid process for removal of the trash or it may request assistance from the Department of Public Works. Commissioner Conway stated he concurs the situation is serious, and he inquired as to how long it will be before the County can commence the trash removal. Mr. Swain stated Mr.Wrenfrow will have 24 hours to remove the trash from the property and if he does not, staff can initiate the bid process tomorrow or the following day. He recommended enlisting the assistance of the Department of Public Works if the companies that submit bids cannot commence the clean-up immediately. In response to Commissioner Conway, Chair Rademacher and Commissioner Kirkmeyer indicated it is • unclear as to whether there is any hazardous waste among the trash. Mr. Swain stated hazardous materials are sometimes disposed of with the household trash; however, he is mainly concerned about potential rain events, which may create additional problems underneath the trash piles. Chair Rademacher inquired as to whether the Board can forego the bid process and instruct the Department of Public Works to clean up the property. Mr. Barker stated Chair Rademacher's suggestion is an option; however, the Board does not have to decide on that issue today, and the Department of Public Works may not have the necessary staff available to remove the trash from the property. Mr. Barker stated the Board needs to determine whether the situation is a nuisance and if it is determined to be, the Board needs to order the abatement of the nuisance situation within 24 hours, and if the nuisance is not abated within 24 hours, the County can abate the nuisance and bill the property owner for the expenses incurred. In response to Commissioner Kirkmeyer, Mr. Swain stated Mr. Wrenfrow indicated his trucks are inoperable and he has hired another company to pick up the trash on his routes, which he is participating in with one (1) of the contracted company's trucks. Commissioner Kirkmeyer stated the Board will not have any patience regarding this issue, since Mr. Wrenfrow should not have been dumping the trash on his property to begin with, and the Board should be considering who will be completing the trash removal, since it is unlikely Mr. Wrenfrow will complete the trash removal within 24 hours. She stated the Board should also consider having the remainder of the trash covered with tarps, since she is concerned about it raining and Mr. Wrenfrow's property being near numerous irrigation ditches and canals. Mr. Swain stated he told Mr.Wrenfrow this morning that all the trash piles need to be covered, and the Board can direct him to cover the trash piles; however, he needs the staff and materials to do it. Commissioner Kirkmeyer stated the County can also hire someone to cover the trash piles, and Mr. Swain concurred. Chair Rademacher provided the opportunity for public testimony; however, none was given. In response to Commissioner Conway, Mr. Swain reiterated the matter was brought to his attention as the result of a citizen complaint he received on Wednesday morning, and he subsequently received a spill report from the Colorado Department of Public Health and Environment. He stated there was also a spill report called into the National Response Center, which the Minutes, July 26, 2010 2010-1668 Page 7 BC0016 • • Environmental Protection Agency informed the Department about. Further responding to Commissioner Conway, Mr. Swain stated Mr. Wrenfrow indicated he dumped four (4) loads of compacted trash on his property; however, it appears to be approximately six (6) loads, which he estimates will fill approximately three (3) tractor trailers. He stated a portion of the trash remains compacted; therefore, it is difficult to estimate the volume, and Mr. Wrenfrow has added some household furniture to the trash piles. Chair Rademacher stated the matter needs to be quickly resolved. Mr. Swain stated he does not believe simply covering the trash will resolve the matter. Chair Rademacher stated he would like the Department of Public Works to immediately begin hauling trash from the property. Mr. Barker stated the Board has to give the property 24 hours to resolve the matter, according to State statute. Commissioner Garcia stated there is no monetary penalty listed in the Resolution; however, Section 25-1-518, C.R.S., indicates a penalty can be assessed in the amount of $100.00, if the property is not cleaned up within 24 hours. Mr. Barker stated the penalty applies to situations when the property is successfully cleaned up, yet the process exceeded the 24-hour time allowance. He stated the statute allows for the County to collect the expenses of the abatement, and another section specifies the County can collect against the property owner personally. He stated the expense of abating the entire nuisance will be far more substantial than $100.00. Commissioner Conway moved to authorize the County Attorney to proceed with immediate legal action against James Wrenfrow, to find the trash conditions are a health hazard, which constitute a nuisance, and to order that the nuisance condition be abated within 24 hours or the property owner will be assessed the cost of abatement. Commissioner Garcia seconded the motion. Commissioner Conway inquired as to how soon the Board can waive the bid process, since he is worried about the ground and irrigation water. Mr. Barker clarified the Board does not need to initiate a bid process, since the cost will be less than $10,000.00 and a professional service contract can be drafted, which the Chair may sign without the Board's approval. He stated if the cost is more than $10,000.00, the contract will be presented to the Board at the following Board meeting. Commissioner Conway indicated he simply wants to ensure the Weld County Department of Public Health and Environment has the tools necessary to quickly begin • abating the nuisance after the 24 hours have expired. In response to Commissioner Kirkmeyer, Mr. Barker reiterated the State statute limits the potential fine the Board may impose to $100.00 and it is generally applied to clean up efforts which exceed 24 hours, and he stated the fine must be against the individual personally, as opposed to an assessment against the property. Responding to Commissioner Kirkmeyer, Mr. Swain stated if staff suspects criminal activity is occurring on a property, a referral is made to the District Attorney's Office. There being no further discussion, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Ordinance#2010-6 was approved on final reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, July 26, 2010 2010-1688 Page 8 BC0016 • • There being no further business,this meeting was adjourned at 10:22 a.m. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO r ATTEST: 4, a o gl s Radem cher, hair Weld County Clerk to Y B :rd , oo' � 1 ((��p Q Tsai t O iv rbara Kirkmeyer Pro-Tem BY: C WWWW Deputy Clerk to th °-P n� Sean P. Conway rcia ate{ avi . ong • Minutes, July 26, 2010 2010-1688 • Page 9 BC0016 AFFIDAVIT RE: CULTIVATION OF MEDICAL MARIJUANA IN A(AGRICULTURAL)ZONE IN WELD COUNTY The Affiant, David Bueno, being duly sworn upon oath and under the penalty of perjury, states and deposes as follows: 1. That I am over eighteen years of age. 2. That I am familiar with and have personal knowledge of the construction activities on the property located at 1791 WCR 36,Berthoud,CO 80513 ("Property"). 3. That Barns A, B and C ("Barns") were each served with electrical power to support the growth of marijuana plants. 4. Plants were grown in each barn to keep the various strains separated. 5. Electrical power to the Barns was disconnected in April while upgrading the electrical lines. Barn B still receives some electrical power from the house. 6. That I personally delivered copies of the wet stamped construction drawings for the foundation,mechanical and electrical systems to Weld County on or about July 26,2010. 7. That, to the best of my knowledge, the County has received a complete application for a building permit. 8. That I received through Ms. Connerly a listing of the outstanding building permit issues delivered to her on December 10, 2010 by Mr. Kenneth Swanson. Prior to receipt of the attached document from Ms. Connerly on January 10, 2011, I had not seen any document identifying particular issues pertaining to issuance of the building permits. 9. Upon the County's approval of the non-conforming use application, I will contact Mr. Swanson and begin resolution of the 12 outstanding issues. Further,that the Affiant sayeth naught. j /�/ C-71C /4-1 LEA_ David Bueno STATE OF COLORADO ) ss COUNTY OF DENVER ) SUBSCRIBED AND SWORN TO before me this 10th day of January, 2011,by David Bueno. Witness my hand and official seal. My commission e.,:.. ? ale A`3' �, '' ajlitt, Lynn ..Jen#t4 SE 3,:,NOTARY is NOTARY i • PUBLIC S savor tAy woo*EiiaSe8.21.3013 J a Dear Kevin and Rita, Per our meeting yesterday afternoon, below is the list you have requested of the outstanding issues not addressed on the construction documents or supplied at the time of application submittal. • Address occupancy loads for Fl, not warehouse(1/100sq.ft. per IBC1004) • Letter from employer stating all employees have access to the restroom to the residence on site at all times of employees hours • Accessible parking,entrance • Accessible route to bathrooms • ComCheck—building envelope, mechanical and electrical • Sheetrock—address humidity(IBC 2508.2) • Septic information • Water information • Lease agreement • Structural engineer sign of for existing buildings(meets the design criteria of Weld County) • Unisex bathroom not allowed • Fire District notification Please note, after the permits are issued, the recently installed wall and ceiling coverings in the buildings will need to be removed before an inspection could be performed. Inspectors will not sign off something they cannot see. If you have any questions or I can help in anyway,please contact me at any time. Regards, Ken Ken Swanson, CBO Building Official Weld County Building Department 1555 N. 17th Avenue Greeley, Co 80631 PH: (970) 353-6100 Ex.3548 FAX: (970) 304-6498 kswanson@co.weld.co.us AFFIDAVIT RE: CULTIVATION OF MEDICAL MARIJUANA IN A(AGRICULTURAL) ZONE IN WELD COUNTY The Affiant, Sreue Stiitios� , being duly sworn upon oath and under the penalty of perjury, states and deposes as follows: 1. That I am over eighteen years of age. 2. That I have reviewed the Chain of Custody Form and can confirm that Medical Marijuana as defined in 12-43.3-104 (7) for purposes authorized by Section 14 of Article XVIII of the Colorado constitution was received on March 27, 2010 at Nutritional Supplements office located at 2042 Arapahoe St., Denver, CO 80205-2509, from the property located at 1791 WCR 36, Berthoud, CO 80513 ("Property"). Further,that the Affiant sayeth naught. STATE OF COLORADO ) ss COUNTY OF DENVER ) SUBSCRIBED AND SWORN TO before me this 10th day of January, 2011, by Witness my hand and official seal. My commission expires: ' ' ° ` XO&3 SEAL .Srr�.Y� NOTARY 3, 14OTARy Z t. t L~ OUBLIG i itCpro Ylsici is Sept 24,2013 AFFIDAVIT RE: CULTIVATION OF MEDICAL MARIJUANA IN A(AGRICULTURAL)ZONE IN WELD COUNTY The Affiant, Clare Cochran, being duly sworn upon oath and under the penalty of perjury, states and deposes as follows: 1. That I am over eighteen years of age. 2. That I have reviewed the receipts for activities and operations on the property located at 1791 WCR 36,Berthoud,CO 80513 ("Property"). 3. That invoices for equipment purchased during the month of November, 2009 to support the production of Medical Marijuana on the Property exceeded$16,000. 4. That a WM-32521A-216 RO System, with other appurtenances, was purchased for installation at the Property on December 16,2009. 5. That prior to June 1,2010,over$14,0000 was spent at"Way To Grow"and over$43,000 was expended at "Let It Grow" on plants, equipment and materials to support the growth of Medical Marijuana on the Property. Further,that the Affiant sayeth naught. '-) L- cC Clare Cochran STATE OF COLORADO ) ss COUNTY OF DENVER SUBSCRIBED AND SWORN TO before me this 10th day of January, 2011, by Witness my hand and official seal. My commission expires: zA/ c`f SEAL GEien44j t `/nn NOTARY 1.14461,1".../. 3'l,nOTARp\% i `e f 1 PUBLIC /, ..ei. '✓� MPCommuiaffipliept 21.2013 p AFFIDAVIT RE: CULTIVATION OF MEDICAL MARIJUANA IN A(AGRICULTURAL)ZONE IN WELD COUNTY PRIOR TO THE EFFECTIVE DATE OF ORDINANCE NUMBER 2010-06 Ma tncccv g, iii, A. The Affiant, ,being duly sworn upon oath and under the penalty of perjury, states and deposes as follows: 1. That I am over eighteen years of age. 2. That in November, 2009, a Whisper Watt generator was delivered to the Property located at 1791 County Rd 36, Berthoud, CO 80513. FURTHER AFFIANT SAYETH NAUGHT Subscribed and sworn to before me on this 10th day of January, 2010 by 714` CA.,1,77- cz -x .L y,?,), L ),? Notary Public My Commission expires: y Lyjj/Vs s. tkOTARY : t°UBL1C 'FtC6L My Commission Eames Sept.24,2013 I Hello