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Home My WebLink About20102920.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000050 AGAINST DARWYN AND CHRISTINE METZGER 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, Darwyn and Christine Metzger, ZCV #1000050, is 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 14th day of December, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Darwyn and Christine Metzger were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until February 14, 2011, to allow adequate time for the property owner(s) to bring the subject property into compliance by completing all required Conditions of Approval regarding SPR #283 and have the plat recorded. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Darwyn and Christine Metzger, to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until February 14, 2011, to allow adequate time for the property owner(s) to bring the subject property into compliance by completing all required Conditions of Approval regarding SPR #283 and have the plat recorded. 2010-2920 \ - 1 U kt PL0824 VIOLATIONS -ZCV#1000050 — METZGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �r f�,;. / i� C-Ocv ( nna Dough s Rad acher, Chair Weld County Clerk tot B•=i �.•��:,� (� Q:≤4O EXCUSED fS?''��•° Barbara Kirkmeyer, Pro-Tem BY: n1_, e'.,is, , Deputy Clerk to the Bo ( % , EXCUSED Sean P. Conway APP ED ORM: , William F. Garcia I County Attorney 4\ \ Ccir / David E. Long Date of signature: i(/�i[ll 2010-2920 PL0824 fact 111k Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00050 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 15457 HWY 52 METZGER DARWYN C & CHRISTINE D Mailing Address: 4395 DOVER ST WHEATRIDGE, CO 60033 Phone: VIOLATION CONTACTS: 1019 RESERVATION ROAD CHAMPION TECHNOLOGIES, INCHAYS, KS 67601 PARCEL: 147103000037-R6095586 Acreage: 4.97 Legal Description: 15035-B PT E2E2NW4 3 1 66 BEG 457.15W&NOD16'E 50' FROM CEN OF SEC NOD16'E 208.2' W208.2' NOD16'E 208.7' E625.8'SOD16'W 416.9'W417.4'TO BEG EXC UPRR RES LOCATION: Location:North of and adjacent to Hwy 52 and approximately 1 mile East of CR 31 "Within Fort Lupton IGA" North:Agricultural Zoning and approximately 1/2 mile South of Fort Lupton Municipal boundaries South:Agricultural Zoning East:C-3 (Commercial)Zoned property, Agricultural Zoning and approximately 1/2 West of Fort Lupton Municipal Boundaries West:Agricultural Zoning and approximately 1/2 mile East of Fort Lupton Municipal boundaries NOTIFICATION INFORMATION: Certified Date 10/28/2010 Certified Reference Number 7008 3230 0000 0473 2649 Certified Receipt Date 11/02/2010 VIOLATION DESCRIPTION: Chapter 23, Article II(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.W "SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty(60)days of approval. The plat shall meet the following requirements:" Chapter 23,Article 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.W "SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty(60)days of approval. The plat shall meet the following requirements:" Chapter 23,Article 11(2), Division 3 "Site Plan Review" 2010-2920 I`Pe ifeeti Planning Department ZONING VIOLATION CASE SUMMARY Section 23-2-150 "Intent and applicability." Section 23-2-150.W "SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty(60)days of approval. The plat shall meet the following requirements:" VIOLATION REMEDY: My records indicate that Kim sent the Conditions of Approval for AmSPR-283 on February 22, 2010. All Site Plan Review's are required to be recorded within 60 days of the date of approval; however, my records indicate that not all Conditions of Approval have been satisfied and therefore the plat still not recorded. Please be aware that if the Conditions of Approval are met and the plat recorded prior to the above hearing, the Violation Hearing will be cancelled. Please remain in close contact with Kim Ogle, Planner at 970-353-6100, Ext 3549. RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 04/28/2010 Initiated Violation 04/28/2010 5 Day Letter Violation 05/07/2010 Violation Notice Violation 06/09/2010 Violation Notice Violation 07/20/2010 Violation Notice Violation 10/28/2010 Hearing Notification OTHER CASE HISTORY: 05/12/2010 E-mail received From: Christine Metzger[mailto:cdmetzger@earthlink.net] Sent: Wednesday, May 12, 2010 10:46 AM To: Bethany Salzman Cc: Chuck Stahl Subject: Zoning Compliance Hi Bethany, This is taking a while for us to gather the information that you need. We are definitely not ignoring the requests. Mr. Stahl is based in Hays, KS and we are in Wheat Ridge so everything is done by appointment. It would be easier if we were there everyday. It is important that we fulfill all your requests and I didn't want you to think we were not working on it. Thanks for your help. Christine & Darwyn Metzger 05/14/2010 E-mail received From: Stahl,Chuck[mailto:Chuck.Stahl@CHAMP-TECH.com] Sent: Friday, May 14, 2010 11:04 AM To: Bethany Salzman; Kim Ogle Cc: cdmetzger@earthlink.net; Tom Parko; Kenneth Swanson Subject: FW: Champion Map Bethany& Kim, At;.; lot Planning Department ZONING VIOLATION CASE SUMMARY Both myself and the Metzger's are willing to do whatever it takes to get into compliance, but we are struggling with the questions being asked and their meanings! Take for example at our meeting on May 6th , I was asked about waste being generated? In my mind I thought I was being asked about Champion products and answered there will be no waste, but I find out two days later the question was about trash. Of course were going to have trash, we contracted Waste Connections of Colorado Inc. and they set a dumpster on May 1st. Is there a hidden meaning in changing out a battery or alternator in our treating truck, there shouldn't be, when one or the other is replaced the supplier takes the old one in exchange. Maps, I drew our changes on the Site Plan Review Map back in February, Champion spent$2,000 paying a certified Fire Engineer to put her stamp on a map for the Ft. Lupton Fire Captain and I sent this new one on Monday, is it acceptable? This has been going on since October of 2009 and is very embarrassing to me, how could most companies hang on this long without going under, so please spell out your questions and I or the Metzger's will give you a straight honest answer! Regards, Chuck Stahl Champion Technologies Inc. Regional Operations Manager Office: 785-625-3822 Cell: 785-623-0627 06/01/2010 E-mail sent From: Mary Evett[mailto:mevett@co.weld.co.us] Sent Tuesday, June 01, 2010 6:34 PM To: Stahl,Chuck Cc: cdmetzger@earthlink.net; Kim Ogle; Kenneth Swanson Subject: RE: Champion Technologies Sorry to ask this question again, but how many total number of people use the well?-not only Champion Technologies, but also the others at the site for the concrete batch plant(Varra Cement)and the trucking operation. This includes employees, drivers and customers using the well daily. The application indicates 2 employees for Champion Technologies alone. There is no drawing for Septic permit G19869029, but it was permitted for a 2 bedroom mobile home, or 4 persons. A drawing with dimensions of this septic system must be provided. In addition, please indicate on the drawing the location of both septic systems with their matching permit numbers (G19869029 and G19980150). Also, the application indicates a growth expectation of 6 to 8 employees. Any proposed increase in hydraulic load to the existing septic system (G19869029)will require an evaluation by an engineer. Mary 06/02/2010 E-mail received From: Stahl,Chuck [mailto:Chuck.Stahl@CHAMP-TECH.com] fit; aloe COLO ° Planning Department ZONING VIOLATION CASE SUMMARY Sent:Wednesday, June 02, 2010 9:04 AM To: Mary Evett Cc: cdmetzger@earthlink.net; Kim Ogle; Kenneth Swanson Subject: RE: Champion Technologies Mary, It is my understanding that Varra Cement hauls their water into the plant, also I have been at the location many times over the last several months and have never once seen one employee. The trucking operation has no access to the water well or the septic system and we are struggling to find work, so the growth expectation needs to be put on hold. Christine can we locate the septic systems on the property and then I could draw them on to the site plan map? Will that suffice? Thanks, Chuck 06/02/2010 E-mail sent From: Mary Evett[mailto:mevett@co.weld.co.us] Sent: Wednesday, June 02, 2010 10:58 AM To: Stahl,Chuck Cc: cdmetzger@earthlink.net; Kim Ogle; Kenneth Swanson Subject: RE: Champion Technologies It is a requirement of the site plan review that a permanent water supply(commercial well) shall be provided for drinking and sanitary purposes. Therefore, all employees shall have access to toilet, hand washing and drinking facilities. Any idea how many people Varra Cement and the trucking operation employs? It doesn't appear that there will be greater than 25 persons per day, but it would be helpful to have a number of employees for file documentation. Thanks, Mary 06/02/2010 E-mail received From: Stahl,Chuck Sent Wednesday, June 02, 2010 4:23 PM To: 'Mary Evett' Cc: cdmetzger@earthlink.net; Kim Ogle; Kenneth Swanson Subject: RE: Champion Technologies Mary, I called Varra Companies and was informed that they have no full time employees at the Ft. Lupton, CO plant,just some occasional part time help. I'm still waiting on a response from Acme Trucking, but will let you know A.S.A.P. Thanks, Chuck 06/02/2010 E-mail received From: Stahl,Chuck [mailto:Chuck.Stahl@CHAMP-TECH.comj Sent Wednesday, June 02, 2010 3:46 PM To: Mary Evett Al*:; WADe Planning Department ZONING VIOLATION CASE SUMMARY Cc: cdmetzger@earthlink.net; Kim Ogle; Kenneth Swanson Subject: RE: Champion Technologies Mary, I just made contact with Acme's Terminal Manager and he stated there were 2 full time employees at the Ft. Lupton location, however they leave for days at a time on the road. Thanks, Chuck 06/02/2010 E-mail sent From: Mary Evett[mailto:mevett@co.weld.co.usj Sent:Wednesday, June 02, 2010 5:00 PM To: Stahl,Chuck; Kim Ogle Cc: cdmetzger@earthlink.net; Kenneth Swanson Subject: RE: Champion Technologies, AmSPR-283 Kim, Condition 1.E. has been met. Based on information provided by the applicant, the water well does not serve over 25 persons on a daily basis. Mary Evett Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Office#: 970-304-6415, Extension 2216 Fax#: 970-304-6411 06/09/2010 E-mail received From: Stahl,Chuck[mailto:Chuck.Stahl@CHAMP-TECH.com] Sent:Wednesday, June 09, 2010 1:45 PM To: Mary Evett; Kim Ogle Cc: cdmetzger@earthlink.net; Kenneth Swanson Subject: RE: Champion Technologies, AmSPR-283 Mary, Here is a map of the septic tanks at our Ft. Lupton location, they were drawn from what we could see above ground and from Mr. Metzger's best recollection. Thanks, Chuck 06/10/2010 E-mail sent From: Mary Evett Sent: Thursday, June 10, 2010 1:50 PM To: Stahl,Chuck; Kim Ogle Cc: cdmetzger@earthlink.net; Kenneth Swanson Subject: RE: Champion Technologies,AmSPR-283 Kim, moot °OLO ° Planning Department ZONING VIOLATION CASE SUMMARY Champion Technologies provided a drawing showing the location of the two septic systems on the property and their corresponding permit numbers. According to the drawing, septic system G19869029 is connected to the scale house that is used by Champion Technologies. The septic system is permitted for 2 bedrooms(4 people @ 75 gallons per person/day). Champion Technologies informed that they have 2 to 3 employees at the site. If there is no expected growth at this time, the septic system will not require review by an Engineer(Condition 1.C.). If employees are added in the future, then the septic system must be evaluated by an engineer. Also, in Chuck Stahl's 6/2/10 email, he indicated that the employees for the trucking operation do not have access to the well water or any of the septic systems. All employees at the site must be provided with drinking water and sanitary facilities. It needs to be determined which septic system the trucking operation employees will have access to. An engineer's evaluation may be required depending on the total number of employees the septic system will serve and the system design capacity. Mary 06/10/2010 E-mail received From: Kim Ogle Sent Thursday, June 10, 2010 4:10 PM To: Bethany Salzman Cc: Tom Parko Subject: FW: Champion Technologies, AmSPR-283 Bethany It appears that there may be a violation on the site previously approved as AmSPR-283 06/14/2010 E-mail received From: Christine Metzger[mailto:cdmetzger@earthlink.net] Sent: Monday, June 14, 2010 6:56 PM To: Bethany Salzman Subject: Amended Site Plan Review Hi Bethany, Regarding your request for an Amended Site Plan Review, we have information that may make a difference regarding submission of another Site Plan. Acme Trucking is not a permanent tenant but only using temporary parking until they can move to their own space. No business is being conducted from our site. There is no use of water or septic facilities. Please advise us how to proceed considering this situation if there is still anything to comply with. We believe that Champion has drawn up the second septic system per your request and we should be in compliance. Thank you for your help. Christine Metzger 06/15/2010 E-mail sent From: Bethany Salzman <bsalzman@co.weld.co.us> Sent: Jun 15, 2010 9:24 AM To: Christine Metzger<cdmetzger@earthlink.net> lINDe Acttr; COLORADO Planning Department ZONING VIOLATION CASE SUMMARY Cc: Kim Ogle <kogle@co.weld.co.us> Subject: RE: Amended Site Plan Review While I understand your position, ACME is an addition to your proposed Amended Site Plan Review application. Therefore, you will need to discuss this addition with Kim Ogle to determine if modifications will need to be made to your application. I have forwarded this e-mail to him. Thank-you Bethany Salzman Zoning Compliance Officer II 1555 North 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498(fax) bsalzman@co.weld.co.us 06/17/2010 E-mail received From: Christine Metzger[mailto:cdmetzger@earthlink.netj Sent: Thursday, June 17, 2010 2:39 PM To: Bethany Salzman Subject: RE: Amended Site Plan Review No problem, Bethany. We are trying to comply with the least amount of paperwork and still be in your good graces. I will be happy to talk with Kim. Thanks. Christine 07/02/2010 E-mail sent From: Bethany Salzman Sent: Friday, July 02, 2010 3:27 PM To: 'Christine Metzger' Subject: RE:Amended Site Plan Review Did you get in touch with Kim Ogle? My last letter will expire on 07/09/10. Bethany Salzman Zoning Compliance Officer II 1555 North 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498(fax) bsalzman@co.weld.co.us 07/13/2010 E-mail sent From: Kim Ogle Sent: Tuesday, July 13, 2010 6:14 AM To: Bethany Salzman Cc: Tom Parko; Kim Ogle Subject: FW:Amended Site Plan Review Bethany, thanks, Here is the status of the Metzger property: titer Vi`Re Planning Department ZONING VIOLATION CASE SUMMARY The plat has not been prepared, and all conditions have been met for the Stahl component.(Champion Technologies) There are likely to be issues with the water and sanitary components should an additional tenant be on-site, e.g., ACME Trucking CDOT may also have concerns-trucks moving into and out of the State system I would suggest that she come in and speak with staff concerning the entire site if she is the property owner. The current administrative approved AMSPR-283 is for a 7000 SF Warehouse with outside storage associated with an oil field service company.(Champion Technologies) The original SPR-283 was for BIC Enterprises, LLC for the operation of a concrete batch plant, only. The trucking component is not addressed in either of the two previously approved land use cases, therefore, with the addition of this new operation, ACME Trucking, the property owner is in violation of the Weld County code for failure to obtain administrative approval in the 1-3 zone district. An amendment to the existing permit will be required. Should there be other operators on site this will require addressing now. Staff has not received any correspondence from Ms. Metzger concerning the property or the existing tenants. Kim 07/13/2010 E-mail sent From: Bethany Salzman Sent: Tuesday, July 13, 2010 7:40 AM To: Christine Metzger Cc: Kim Ogle; Tom Parko Subject: FW: Amended Site Plan Review Christine, Please see the following. My violation case will proceed accordingly until I am informed by your Planner(Kim Ogle)that the plat has been submitted for recording and the property is in compliance with the existing Site Plan Review for the property. Please get in touch with Kim so the above can occur. Thank-you Bethany Salzman 07/13/2010 E-mail received From: Christine Metzger[mailto:cdmetzger@earthlink.net] Sent: Tuesday, July 13, 2010 11:17 AM To: Bethany Salzman Cc: Kim Ogle Subject: Re: Amended Site Plan Review Hi Bethany, I did speak with Kim Ogle and am preparing a narrative for him so that he knows exactly how Acme is using the property. He will then tell me what the next step is to make sure we are in compliance. Thank you. Wipe°OLO °stz Planning Department ZONING VIOLATION CASE SUMMARY Christine 07/13/2010 E-mail sent From: Bethany Salzman Sent: Tuesday, July 13, 2010 11:25 AM To: 'Christine Metzger' Cc: Kim Ogle Subject: RE: Amended Site Plan Review Sounds great. Just make sure you keep in contact with Kim. He will advise me if my violation case can be closed, if a Violation Hearing needs to be scheduled, or whatever the need may be. Thank-you Bethany Salzman Zoning Compliance Officer II 1555 North 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) bsalzman@co.weld.co.us 07/13/2010 E-mail received From: Kim Ogle Sent: Tuesday, July 13, 2010 7:45 AM To: Bethany Salzman Subject: RE: Amended Site Plan Review Bethany Staff has agreed to prepare the AmSPR Plat for Champion. This component has been addressed Thanks, Kim 07/20/2010 Staff discussion I spoke with Kim Ogle. He indicated that since ACME has submitted the requested information and they are now seeking a construction/office trailer, the additional information has been forwarded to referral agencies. Kim indicated that I should push the violation case out for 60 days. 08/21/2010 E-mail Received From: Christine Metzger[mailto:cdmetzger@earthlink.net] Sent: Saturday, August 21, 2010 3:23 PM To: Bethany Salzman; Kim Ogle Cc: Andy Bellomy; Chuck Stahl Subject: Email address change Hi Bethany& Kim, Would you update my email address to: christine@upcaleplus.com Thanks. The old mailbox will forward for awhile. Christine Metzger 10/07/2010 E-mail Received Kim Ogle e-mailed copy of letter sent to applicant. 11/02/2010 Certified Receipt Certified Receipt received -signed INSPECTION SUMMARY: DEPARTMENT OF PLANNING SERVICES (17 (1;";: Zoning Compliance Division : 1555 North th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us IE-MAIL: bsalzman@co.weld.co.us C NE: 970-35 3-8100 X 3555 FAX: 970-304-6498COLORADO October 28, 2010 METZGER DARWYN C& 4395 DOVER ST WHEATRIDGE,CO 80033 Zoning Violation Case: ZCV10-00050 Situs Address: 15457 HWY 52 Legal Description: 15035-B PT E2E2NW4 3 1 66 BEG 457.15W& N0D16'E 50'FROM CEN OF SEC N0D16'E 208.2'W208.2' N0D16'E 208.7' E625.8'S0D16'W 416.9'W417.4' TO BEG EXC UPRR RES Dear Metzger Darwyn C& Christine D: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 12/14/2010 at 10:00 AM . The above mentioned property remains in violation of the following Section(s)of the Weld County Code: Chapter 23,Article 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.W "SITE PLAN REVIEW PLAT:A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty(60) days of approval. The plat shall meet the following requirements:" To bring your property into compliance with the Weld County Code: My records indicate that Kim sent the Conditions of Approval for AmSPR-283 on February 22, 2010. All Site Plan Review's are required to be recorded within 60 days of the date of approval; however, my records indicate that not all Conditions of Approval have been satisfied and therefore the plat still not recorded. Please be aware that if the Conditions of Approval are met and the plat recorded prior to the above hearing, the Violation Hearing will be cancelled. Please remain in close contact with Kim Ogle, Planner at 970-353-6100, Ext 3549. 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. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned violation hearing date. 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 you 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. DEPARTMENT OF PLANNING SERVICES ra tic• rig Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us O PHONE: 970-353-6100 X 3555 Ill up FAX: 970-304-6498 • COLORADO Sincerely, 0 s 414/kfBethany Salzm } C7 U o cn O o O o Zoning Compliance Officer w ^�, Q U w .11 m ? File: ZCV10-00050 Jrz E d g cr- . e fl " _. ¢ d i, U.S. Postal Service 4 z• Qom° c� rZza rirn CERTIFIED MAIL,,. 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(` dr 0too ■ w �.► N a Ittree\ 0 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 July 20, 2010 METZGER DARWYN C&CHRISTINE D 4395 DOVER ST WHEATRIDGE,CO 80033 Zoning Violation Case:ZCV10-00050 Legal Description: 15035-B PT E2E2NW4 3 1 66 BEG 457.15W& NOD16'E 50' FROM CEN OF SEC NOD16'E 208.2'W208.2' NOD16'E 208.7' E625.8' SOD16'W 416.9'W417.4'TO BEG EXC UPRR RES Situs Address: 15457 HWY 52 Dear Metzger Darwyn C & Christine D: 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 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.W "SITE PLAN REVIEW PLAT:A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty (60) days of approval. The plat shall meet the following requirements:" To bring your property into compliance with the Weld County Code: New information regarding the presence of another company(ACME Trucking) has been submitted and has been forwarded to several referral agencies. Please be advised that the addition of another company may require additional Conditions of Approval to your amended Site Plan Review. My records indicate that Kim sent the Conditions of Approval for AmSPR-283 on February 22, 2010. All Site Plan Review's are required to be recorded within 60 days of the date of approval; however, my records indicate that not all Conditions of Approval have been satisfied. Please remain in close contact with Kim Ogle, Planner at 970-353-6100, Ext 3549. (eee-----sSosttvgHsD6 I e 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 09/20/2010 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 Attorneys 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 Sincerely, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00050 AmSPR-283 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 June 09, 2010 METZGER DARWYN C& CHRISTINE D 4395 DOVER ST WHEATRIDGE,CO 80033 Zoning Violation Case:ZCV10-00050 Legal Description: 15035-B PT E2E2NW4 3 1 66 BEG 457.15W& NOD16'E 50' FROM CEN OF SEC NOD16'E 208.2'W208.2' NOD16'E 208.7' E625.8' S0D16'W 416.9' W417.4' TO BEG EXC UPRR RES Situs Address: 15457 HWY 52 Dear Metzger Darwyn C & Christine D: 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 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.W "SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty (60) days of approval. The plat shall meet the following requirements:" To bring your property into compliance with the Weld County Code: New information regarding the presence of another company (ACME Trucking) has been discovered. Please be advised that the addition of another company may require an amendment to your amended Site Plan Review. My records indicate that Kim sent the Conditions of Approval for AmSPR-283 on February 22, 2010. All Site Plan Review's are required to be recorded within 60 days of the date of approval; however, my records indicate that neither evidence that the Conditions of Approval have been satisfied nor the final map have been submitted to the Department of Planning Services. Please contact Kim Ogle at 970-353-6100, Ext 3549 to make arrangements to pas) racte‘:.: 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 complete AmSPR-283, address the addition of the ACME Trucking tenant and record the final map. 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 07/09/2010 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 Sincerely, Bethany Salz n Zoning Compliance Officer II File: ZCV10-00050 AmSPR-283 ies,‘ eaksi raktel6; 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 May 07, 2010 METZGER DARWYN C &CHRISTINE D 4395 DOVER ST WHEATRIDGE,CO 80033 CHAMPION TECHNOLOGIES, INC C/O CHUCK STAHL 1019 RESERVATION ROAD HAYS,KS 67601 Zoning Violation Case: ZCV10-00050 Legal Description: 15035-B PT E2E2NW4 3 1 66 BEG 457.15W& NOD16'E 50' FROM CEN OF SEC NOD16'E 208.2'W208.2' NOD16'E 208.7' E625.8' SOD16'W 416.9'W417.4'TO BEG EXC UPRR RES Situs Address: 15457 HWY 52 Dear Metzger Darwyn C & Christine D: 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 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.W "SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty (60) days of approval. The plat shall meet the following requirements:" To bring your property into compliance with the Weld County Code: I do realize you attended a meeting with Kim Ogle on Thursday, May 6, 2010 to discuss your Amended Site Plan Review (AmSPR-283); however, I have not yet been advised that your plat has been submitted for recording. "lige 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 My records indicate that Kim Ogle, Planner, sent the Conditions of Approval for AmSPR-283 on February 22, 2010. All Site Plan Review's are required to be recorded within 60 days of the date of approval; however, my records indicate that neither evidence that the Conditions of Approval have been satisfied nor the final map have been submitted to the Department of Planning Services. Please contact Kim Ogle at 970-353-6100, Ext 3549 to make arrangements to complete AmSPR-283 and record the final map. 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 06/07/2010 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 Sincerely, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00050 AmSPR-283 r res(fe Les"...%; II ID 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 April 28, 2010 METZGER DARWYN C& CHRISTINE D 4395 DOVER ST WHEATRIDGE, CO 80033 CHUCK STAHL CHAMPION TECHNOLOGIES, INC. 1019 RESERVATION ROAD HAYS,KS 67601 Zoning Violation Case:ZCV10-00050 Situs Address: 15457 HWY 52 Legal Description: 15035-B PT E2E2NW4 3 1 66 BEG 457.15W& NOD16'E 50' FROM CEN OF SEC NOD16'E 208.2'W208.2' NOD16'E 208.7' E625.8' SOD16'W 416.9'W417.4' TO BEG EXC UPRR RES Dear Metzger Darwyn C & Christine D and Stahl Chuck: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: My records indicate that Kim Ogle, Planner, sent the Conditions of Approval for your Amended Site Plan Review(AmSPR-283) on February 22, 2010. All Site Plan Review's are required to be recorded within 60 days of the date of approval (23-2-160.W); however, my records indicate that neither evidence that the Conditions of Approval have been satisfied nor the final map have been submitted to the Department of Planning Services. Please contact Kim Ogle at 970-353-6100, Ext 3549 to make arrangements to complete AmSPR-283 and record the final map. rfiats "DC. 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 Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Ct\e‘r Zoning Compliance Officer II File: ZCV10-00050 Ec: chuck.stahlchamp-tech.com Kooleco.weld.co.us poreoorveco.weld.co.us us Identify Results .. Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6095586 Parcel#: 147103000037 Tax Area: 2240 Bordering County: Acres: 4.75 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 66 - 03 0 -c Owners Name & Address: Property Address: METZGER DARWYN C& Street: 15457 52 HWY 4395 DOVER ST City: WELD 1!.J WHEATRIDGE, CO 80033 Additional Owners: l� METZGER CHRISTINE D Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 4/13/1995 $230,000 02434462 Legal Description 15035-B PT E2E2NW4 3 1 66 BEG 457.15'W & N0D16'E 50' FROM CEN OF SEC N0D16'E 208.2' W208.2' N0D16'E 208.7' E625.8' S0D16'W 416.9' W417.4'TO BEG EXC UPRR RES Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Commercial 2130 Acres 4.75 Land Subtotal: 4.75 $71,250 $20,660 Buildings Valuation_Summary # Property Type Assessed Bldg# p y Actual Value Value 1 Commercial 2 Commercial 4 Commercial Improvements Subtotal: $253,456 $73,500 Total Property Value $324,706 $94,160 Building Details Account#: R6095586 Parcel#: 147103000037 Owners Name &Address: Property Address: METZGER DARWYN C & Street: 15457 52 HWY 4395 DOVER ST City: WELD WHEATRIDGE, CO 80033 Building# Property Type 1 Commercial http://maps2.merrick.com/Website/Weld/sctSgl.asp?cmd=QUERY&DET=PP&pin=14710... 4/28/2010 Identify Results fea;1 Page 2 of 3 Individual Built As Detail Built As: Service Garage Year Built: 1985 Exterior: HVAC: Space Heater Interior Finish: Built As SQ Ft: 7000 #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#: R6095586 Parcel#: 147103000037 Owners Name&Address: Property Address: METZGER DARWYN C& Street: 15457 52 HWY 4395 DOVER ST City: WELD WHEATRIDGE,CO 80033 Building* Property Type 2 Commercial Individual Built As Detail Built As: Light Commercial Utility Year Built: 1987 Exterior: HVAC: Electric Interior Finish: Built As SQ Ft: 756 #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#: R6095586 Parcel#: 147103000037 Owners Name&Address: Property Address: METZGER DARWYN C& Street: 15457 52 HWY 4395 DOVER ST City: WELD WHEATRIDGE,CO 80033 Building# Property Type 4 Commercial Individual Built As Detail Built As: Light Commercial-Commodity Warehouse Year Built: 1986 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3236 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: http://maps2.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=14710... 4/28/2010 Identify Results Page 3 of 3 Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14710... 4/28/2010 fSta;IC PRELIMINARY WUDc. SITE PLAN REVIEW COLORADO Administrative Review Planner Kim Ogle Case Number Amended Site Plan Review-AmSPR-283 Parcel Number: 1471-03-0-00-037 Applicant: Champion Technologies, Inc. do Chuck Stahl, Leasee Property Owner: Darwyn & Christine Metzger Legal Description: Part of the E2 E2 NW4 of Section 3, Township 1 North, Range 66 West of the 61" P.M. Weld County, Colorado Situs Address: 15457 State Highway 52, Fort Lupton, Colorado 80621 Zoning: I-3 Industrial Zone District Proposed Use: Site Plan Review for Office, 70x100 SF Warehouse and Outside Storage associated with an Oil Field Service Company Site Plan Review Standards Meets the Intent of the Comments Weld County Code Site Plan Certification Included in Application YES Retention Facilities Engineering YES Dept. Off-street Parking Delineate a minimum of 7 parking spaces NO Loading Areas Delineate space per Section 23-3-350.C NO Access YES Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping Demonstrate compliance with Section 23-3-350.G NO Trash Collection and Storage Screening of trash receptacles required Section 23-3-350.H NO Potable Water Well Permit#30424-F,dated August 25,1986 YES Sewage Disposal Individual Sewage Disposal System : G1988150 NO Environment Standards YES Property Maintenance Address Section 23-3-360.G of the Weld County Code NO AMSPR-283 CHAMPION TECHNOLOGIES,INC; Page 1 PRELIMINARY Narrative: This facility has a current Site Plan Review for a concrete batch plant, related 20x30 foot block building for offices and lavatory and storage of concrete materials. An over-the-road trucking operation is also located on site. This amendment is to include the lease of one 70x100 foot metal skinned building, the construction of a secured outdoor storage area and the use of the office lavatory in the scale house. Access to the site is existing, and all structures are in place, except for the newly installed outdoor storage component. This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of their approval shall be submitted to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) B. The applicant shall submit a dust abatement plan, on site dust, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. The existing septic system for the scale house shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) D. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) AMSPR-283 CHAMPION TECHNOLOGIES, INC; Page 2 1 PRELIMINARY F. The applicant shall contact the Colorado Department of Transportation, and submit a letter on Colorado Department of Transportation letterhead stating that all of their concerns have been met or mitigated and that a traffic study is not required, that there is not an increase in traffic onto SH 52 and that a new access permit is not required. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled Site Plan Review AnISPR-283. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Section 23-2- 160.V of the Weld County Code, specifically to scale and label all adjacent County Roads. (Department of Planning Services) 3. The vicinity map shall be delineated on the plat in compliance with Section 23-2- 160.V.6 of the Weld County Code, specifically illustrating the parcel and surrounding parcels. (Department of Planning Services) 4. The sight distance triangles shall be delineated on the plat. Any existing landscaping within the sight distance triangles shall be removed and relocated. (Department of Planning Services) 5. The structures located on site are classified as Warehouse and Office for the purposes of addressing the parking requirement as outlined in Appendix 23-B of the Weld County Code. The Warehouse component (7000 SF) shall provide a minimum of seven (7) parking stalls for this facility. The dimensions of the parking stalls shall adhere to Section 23-4-30 and Appendix 23-A of the Weld County Code. (Department of Planning Services) 6. The applicant shall show the type of lighting that will be used on site in conformance with the Weld County Code, Section 23-3-350.K. (Department of Planning Services) 7. The location and dimensions of any proposed signs per Article IV Division 2 of the Weld County Code. (Department of Planning Services) 8. The approved access into the site from State Highway 52, as approved by the Colorado Department of Transportation. (Department of Planning Services) 9. State Highway 52 requires 150 feet right-of-way at full build out. There is presently 75 feet of right-of-way. A total of 75 feet from the centerline of State Highway 52 shall be delineated right-of-way on the plat. 10. Signs designating truck parking shall be delineated on the Site Plan Review plat. (Department of Planning Services) 11. A note shall be added to the cover sheet of the Site Plan Review Plat stating that Weld County will not be responsible for the maintenance of the water quality control features. (Department of Public Works) 12. The location of the screened trash receptacles. Presently the trash enclosures are not located or identified on the Plat. Should the trash enclosure be located at the exterior of the building, it must be appropriate screened from public rights-of- AMSPR-283 CHAMPION TECHNOLOGIES,INC: Page 3 ere` emets‘ PRELIMINARY way and surrounding properties, as outlined in Section 23-3-350.H. (Department of Planning Services) 13. The location of a set aside area for a replacement septic envelope for replacement or expansion of the exiting septic tank and leach field. (Department of Planning Services) 14. The Site Landscape Plan must be in compliance with Section 23-3-350.G of the Weld County Code. (Department of Planning Services) H. The following notes shall be placed on the plat: 1. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future rights-of-way line. 2. In the event that a portion of the building is proposed to be leased or sold to another party in the future, the applicant shall submit a copy of the lease of sales agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Greater Brighton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial and Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, C.R.S., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,C.R.S., as amended. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 7. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 8. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) AMSPR-283 CHAMPION TECHNOLOGIES,INC: Page 4 PRELIMINARY 9. Adequate drinking, hand-washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 10. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, • pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing commercial well (Well Permit No. 030424-F). (Department of Public Health and Environment) 12. In the event the facility's water system serves more 25 persons on a daily basis the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. (Department of Public Health and Environment) 13. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 14. The operation/property shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 15. This application is proposing a well as its source of water. The applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 16. Potential purchasers should be aware that conditional approval of this Site Plan Review does not guarantee that well permits will be issued for the parcel. Any parcel may be deemed non-buildable if the lot owner is unable to obtain a commercial well permit. The State Division of Water Resources issues all well permits. (Department of Public Health and Environment) 17. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Planning Services) 18. A building permit application must be completed, and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) 19. A plan review must be approved and permit must be issued prior to the start of construction or alterations. (Department of Building Inspection) 5 PRELIMINARY 20. New construction shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; Mechanical Code; International Plumbing Code; International Fuel Gas and Energy Conservation Codes; the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 21. Setback and offset distances shall be determined by the 2006 International Building Code and Chapter 23 of the Weld County Code. (Offset and setback distances are measured from the farthest projection from the structure). (Department of Building Inspection) 22. Prior to the release of building permit, the applicant shall submit evidence of approval from the Fort Lupton Fire Protection District to the Weld County Building Department. (Department of Building Inspection, Greater Brighton Fire Protection District) 23. Lighting shall comply with the requirements and standards for off-street parking spaces per Section 23-2-250.D and Section 23-3-350.K of the Weld County Code. (Department of Planning Services) 24. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 25. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 26. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 27. The number of persons employed and/or visiting the site shall not exceed eighteen (18) persons at any time due to constraints of the septic system. 4114 . Site Plan Pfegew conditionally approved by: Kim Ogle, Planning Services Date: February 22, 2010 Chuck Stahl Champion Technologies, Inc. 1019 Reservation road Hays, Kansas 67601 Email: Chuck.Stahl@CHAMP-TECH.com AMSPR-283 CHAMPION TECHNOLOGIES.INC; Page 6 rte` Kim Ogle From: Peggy Gregory Sent: Friday, April 09, 2010 2:15 PM To: Kim Ogle Subject: AMSPR-283 Phone call from Capt Greg McGinn of the Fort Lupton Fire Department (303-857-4603). He has had contact with Barry Culpepper of Champion Technologies who said he has spoken with staff in our department and Capt McGinn wanted to verify that. I told him an AMSPR is in process and a building permit will need to be obtained for Champion Technologies. He believes the business is operating and will keep us posted. Peggy Gregory Building Compliance Officer Weld County Building Department (970) 353-6100 Ext. 3568 Recorded at o' M., / Recorder. AR24344la2 WARRANTY DEED Recorder'.Stamp 1111S DEED,Made this 13TH day of APRIL,1995, between GENERAL CONCRETE CONTRACTORS.INC.s A COLORADO CORPORATIO a corporation duly organized and existing under and by vibt,e of the laws of the State of COLORADO of the first part,and DARWYN C.METZGER whose legal address is 15457 HIGHWAY 52 FORT LtJPT'ON,COLORADO 80621 of the County of WELD,and State of COLORADO,of the second part WITNE.SSETIt That the said pre;of the fins part,for and in consideration(lithe sumo "' I � �,'s` � - • ,'• AND OO/1001he DOLLARS, *230,000.00), to the said party of the fiat past in hand paid by the said parties of the second part,the p1. receipt whereof is hereby confessed and acknowledged,hark granted,bargained,sold and conveyed,and by these premeds doth grant, bargain, sell,convey and confirm unto the said parties of the second part,their heirs aid assigns forever,all the following descrmed lots) Co or pared(s)of land,situate,lying and being in the County of WELD and State of Colorado,to wit C'U SEE ATTACHED EXHIBIT'A' j 2434462 B-1487 P-691 04/17/95 04:1OP PG 1 OF 2 REC 0DOC 8 weld County CO Clerk & Recorder 10.00 23.00 9 01 Cave 'CO .acralso known by street and number as: 15457 HIGHWAY 52,FORT LUPTON,COLORADO 60621 Qr. TOGETHER with all and singular the hereditament' and appurtenance' thertamto belonging,or in anywise appertaining,and the Q reversion or reversions, remainders,rents,issues and profits thereof;and all the state.righty title.interest, an claim and demand whatsoever L. , of the said party of the fast pmt, either in law or equity, of, m and to the above bargained premises.with the herditsmeats and TO HAVE AND TO HOLD the said premises above bargained and deser3ed,with the appurtenances,coo the said parties of the record pan, their heirs and a assigns forever.And the said party of the first put,for itself,and its'occasion and assigns,doth covenant, (pant, bargain and agree to and with the said pates of the second part,their heir and assigns,that attire time of the ensesling and delivery of these presents h is well seized of the premises above conveyed,nets good,sere,perfect,absolute and indefeasible estate of inheritance, in law, in fee skupk, and huh good right,till pane and lawfcl authority to gnat,bargain,sell and convey the same in manna and form aforesaid, and that the same are boa and altar from all fanner and other grams.bargains,sales,liens,taxes, assessments and incumbrsnesa of whatever kind or mono seem, accept for tars for the carnet year,abut but not yet due or payable,its,restrictions,reservations and rlghta of-way of record,If an, and the above bargained premises in the quirt and peaceable possession of the said parses of the second part,their heir and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof,the said party of the first past shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF. The said party of the firs put bath and its corporate name to be hereunto subscribed by it. President,and is corporate sal to be hereunto affixed,atlmod by its Secretary,the day and year first above written. Attest: GENERAL CONCRETE CONTRACTORS, INC. , A Cp ® Secretary FRANK T ORT4),�, t e STATE OF COLORADO )53. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this 13TH day of APRIL,1995 by 7IXd RANK TENORIO }} rata. PRESIDENT io E :. .��•'A'"- .4 IREMUNaRAUURb.INL. . aCt1IORAD0 ' ra . My ' sad Official seal.7 / S B(iTD STREET Nobly Public ARCH • BRIG ON, COLORADO 80601 t q OF COI,�....6.. Na. it' monscwvs+ia T . . EXHIBIT "A" 2434462 B-1487 P-691 04/17/95 04:1OP PG 2 OF 2 THAT PART OF THE 51/2 E1/2 NW1/9 OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., DESCRIBED AS, BEGINNING AT THE CENTER OF SAID SECTION 3, THENCE 890000'00" W ON AN ASSUMED BEARING ALONG THE SOUTH LINE SAID E1/2 01/2 NW1/4 A DISTANCE OF 457.15 FEET, THENCE N00016'20"E PARALLEL WITH THE WEST LINE SAID E1/2 E1/2 NW1/4, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE N00016'20" E, 208.20 FEET) THENCE 890000'00"W, 208.20 FEET TO THE WEST LINE SAID E1/2 E1/2 NW1/4, SECTION 3, THENCE N00016'20"E ALONG SAID WEST LINE, 208.7 FEET; THENCE N90000'00"E, 625.60 FEET1 THENCE 500016'20"W, 416.90 FEET TO A POINT 50.0 FEET NORTH OF THE SOUTH LINE SAID E1/2 E1/2 NW1/4, THENCE 890°00' 00"W, 417.4 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO -. OPR 07 '99 Or RN,STD 120TH / P.Z•3 D9 5 THISEDONADEQUT W FUND I IIIIIIhill IIIIII IIII VIII IIII04/20/1009 02:40P,"IIII'I III'EILI IIII IIII ld County CO SCANNING OR MICROEILMINQ 1 of 2 11 11.00 0 0.00 JA Suitt Tauk►moto PURPOSES. QUIT CLAIM DEED -- THU DEED.Mattis dor of April .1999 • bawem Darwyn C. Hetaget ofoo County o! Weld sadSamof Colorado of the Ent pmt and Darvyn C. Netrper and Christine D. Metzger when lap,sddnail 15457 Highway 52, Fort Lupton. ® 00621 am.Ccutty et Wald and Dam of Colorado .ddeseroedpaat Wx:mums.Thu to ea:d pug oftie',input tared k tcmNadonaft6cecmef TEN AND 50/100 DOLLAES010.00 1 m We eon patty of the feu plan la head pad by m.said Putts u1 de cased put to maim wbarof is harry tookntd tad shaowkdgtd.hw remind.m eutd.sold,and QUIT CIADdED,sod 4y them pamu duos mire.tattle.s0,sod QUIT CLAIM mw the tad perks of De tamed pot not la mum la common ton is joke uosooy.0o swMvm d taw. toe wigs and ma Him tad milts et oath soul..Room.all We 14bt dos.imuut tilde and dmad whim dos teid pay of the Snipers boa k Lod m dos fella-lag described IoW)m puosHO of ant demo Diet sad bdao In Os County of weld .and Sur N Colorado.w Mt That part of the East 1/2 East 1/2 Northwest 1/4 of Section 3. Townahip 1 North. Range 66 West of the 6th P.N.. described as. beginning at the center of said Section 3, Thence South WOO'DV West on an assumed bearing along the south line said East 1/2 East 1/2 Northwest 1/4 a distance of 457.15 feet. thence North 00'16.20• East parallel with the West line said East 1/2 East 1/2 Northwest 1/4. a distance of 50.00 feet to the True Point of Beginning. thence North 00'16'20' East, 200.20 feet: thence South 90'00'00• West 206.20 feet to the West line said East 1/2 East 1/2 Northwest 1/4. Section 3. thence N 00'16'20• East along said West line 200.7 feet, thence Worth 90'00'00' East 625.60 feet; thence South 00'16.20' West• 416.90 feet to a paint 50.0 feat North of the South line said East 1/2 Etat 1/2 Northwest 1/4, --Continued-- d mlaowebyeseted=abet w 15457 Highway 52, Fort Inseen, CO 80621 TO DAVE AND TO BOLD de net torts wit ill td skgvle ek eppmasme a ad PrwIlMes abwnenba brbaging.s e mein thcWnm sppsubmeg,and a0 de arra,right Oa invent eat mire whetter,.of the:aidlasty of to fan pat titlarks laws poll.two laid pates of dammed pat.de smcivee of than ddb weµt.sad it.ban sad Wages of oath survives faeys. The.iogulu samba dial loclrt.the patl,the plmel the siesta,o3 Otitis.older grade shill he.0p:oabk to e0 geden. INKINESS WHEREOF,4a sold petty alga Ent pat bar hens snot bud IS coal the sky sd yen Ent shave written Wed.Stake ut4Drboerd is de Proems of • Dsrvyo C.C. Metzger STATE OW COLORADO 1 COUNTY OF Jefferson its The feecomg istaumrw watacbsowhdsedbcfen ma du 9th dnyaf April .1999 .6y Y •'r, Dacwyn C. Metzger ( /. ei EIRIANL My Commiaoiaea iv: 12/5/01 whammy sad wdQIEdidJ•wJ/ a/ /tC//fse"f/t/ ' HALL 1 Ji NouryPebbc d •./ dta CADlorie.wnD ee .eaa a es.nu4 Pa"UMW ft ' PPR 07 1999 00:01 PPGE.02 PPR 07 '99 ?air SIG 120TH (MR)P.3/3 15457 Highway 53 CONTINUATION OP USUAL DESCRIPTION 20 WEED DATED thence South 94'So•CC- West, 417.4 fee: to the True Point of Se01nning, County of Weld. State cC Gatorade 1111111"III 1111111TH 111 111111 111111 1111111111111TH 2880080 04/28/1899 02:49P Wald County CO 2 of 2 R 11.08 0 0.00 JA Suk! Taukamoto mkt I:Dina= PPR 07 1999 00:01 PRGE.03 uo;dn ipodre �. in 9 " sii, 4i _ - L-4 1 113101110 C O f: 45, J� �r � i ...#7... ' . a IIIIIIIiN' • = • • , - • glit rr • �6. r4- .•• 1.. 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