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Home My WebLink About20100585.tiff T & M TRUCK AND AUTO LLC 13042 WCR 20 P.O. Box 787 Fort Lupton,Co. 80621 Phone: 303-857-1281 Fax: 303-857-1285 MRDBR@aol.com www.countrvtruck.com August 8,2005 To whom it may concern: This letter is to explain why we felt the need to alter our landscaping design. The ramps were originally planed to be made out of large rocks. We had to change this plan because there was no way to keep the ground from shifting. We used railroad ties,that are dug down into the ground and reinforced with rebar. The ramps were then built up using packed recycled asphalt. We did three of these ramps like we had stated on the plan. The other change we made was in adding edging around the fence and small rock as a weed barrier,we also added large rocks to improve the look of the landscaping. We did not add any bushes in this landscaping because of the water issues. We felt environmentally xeiroscaping was a better plan and improvement to the land. We do have flowers in the two beds at the front of the building and they take minimal water. We hope after you see the improvements you will understand that the alterations were necessary in completing our agreement. Respectfully, Mike Whistance and Tony Dowdy 2010-0585 eefr 2 -O7142-/ ,PL /76 3- (931- ©/D Changes Made and Reasons 1. CHANGE=Bushes removed along North side of building. REASON=Water(Have commercial well not to be used for plant watering) 2. CHANGE=Moved three spaces to North side of building. REASON= Propane tank had to be located at back of building Metal fence was placed around tank for protection. Moved three parking spaces for employees to North side. 3. CHANGE=Removed bushes around display ramps. Added Large Decorative Boulders Spaced along outside of fence. REASON = Water. 4. CHANGE= Moved display ramp from right corner to center REASON=Interfered with visibility of road from the building. 5. CHANGE= Changed direction of display ramp from sideways to match Other display ramps. REASON=More uniform look and room. 1 1-1' 6' tit oy, '\-,,r th 1.., I : . • I ) - , ibwt. 1, ' � ' , +` - _ Ilii.,0% . \ ..er ' ii I',.,,_� fr . 1 r i r lc 1 4 1 . — , - i ' 4; :1,,•_tit.'4....il.4.1:1-2:1,.11‘ 11 1 ,.. 4 i 1 , _ , . . ,i ..„. 3 , ! , L : _ e r 4... i iii, 1f� t 1, _ . ...., ,. . , . .. . , . ... ky ' s ,,, a1 , - ' 4. • 4 , . ,.4.----m. I N . 1 - a� S Y4i *I r or- j 4011 I iii . • ski .. 11 ., , ,.. _ . . . . • ritl , , ; , . , . i, , __ i , "IPA 1 • . . . 4 , . _ • . .. , i ' MO P • ,k u I Jr a lid , NI 1 II !? ' r r' k I t $- 1.# III ll _ , . ... 4. it . I ti ` .S I I Illisit 4zh,'-' .':' f '' • f _ , .1 . p • lopx ,. 6-- .ii. , l _ .!y# • litL` _s Yiiiir - _ - • il I Alit11 lit. 1 i i. rA . - . lik rit.. .---.1.! it I,4.: i $ .. Ill ' .... 0.,.. , ., .n. . .. _ c. , ... , . . . . . u i ii:4.,A4 .... i I. , r .4 . . _ . • • 1 is •�� • Li ^ ik, _. 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Document contains two oversized plat drawing with changes indicated Please see originals in file ► � MEMORANDUM WII TO: Jacqueline Hatch, Planner DATE: Sept. 29, 2004 D C FROM: Donald Carroll, Engineering Administrator o"e COLORADO SUBJECT: USR-1459, T & M Trucking and Auto LLC The applicant has provided a copy of the billing from Morris Trucking for delivery 40 loads, approximately 200 ton of recycled material, for the approach and parking area on the site. The bill of sale is acceptable for the base/recycle item identified for the parking requirement on the project. The remaining portions of the improvements agreement deal with fencing requirements and landscaping. These items should be dealt with through Planning Services. pc: USR-1459 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1459.DOC COUNTRY TRUCK 303 SS7 1285 09/17/04 09:52am P. 002 Humbeuto Ba[aer. mama D.B.A.-Mou•:as Tucking 220 11th. St. Ft. Lupton, Co 9O621 Phone: 72O-298-9669 3O3-857-1321 Company Name: Coil •��j/ tY =� -�� --�''` C/o Contact Name: pc.{ ( Mailing Address: ;2d 5" (D .H rr f < tw 2 Telephone ;S'S 7-/?�/ Date Truck Number of Job Name Rate Per Total Ticket# Hours or Ton Hour/Ton fa/ 24 _ -e/Dlr:,AS. F • 941-' tf Total ? T & M TRUCK AND AUTO LLC 205 Denver Ave. Fort Lupton,Co. 80621 Phone: 303-857-1281 Fax:303-857-1285 MRDBR@aol.com www.countrytruck.com September 7,2004 To whom it may concern: This Letter is in response to special review permit#1459,section 1-G. The property is located at 13030 Weld County Road 20,Fort Lupton,Colorado 80621. This letter is in reference to the improvements agreement. We have signed a contract with the contractor and he will be constructing the building and will be doing all of the finish work. This includes all water,septic, lighting,grading,and spreading of crushed asphalt,sidewalks,phone,and utilities. The only thing we will be doing ourselves is the fencing,which we have already purchased and have already set up for it to be constructed. We also will be doing the landscaping which will include bushes and a few trees and large rocks for the ramps. We estimate this to cost to not exceed $5,000.00. If you have any questions please contact us at 303-857-1281.Thank you for your attention to this matter. Respectfully, �. �.�.,r ;: ,, ,�., i4 ( ter., ' o Tony Dowdy&Mike Whistance 09/27/04 11:20 FAX 970 304 6498 WELD PLANNING 001 • 4.1 (t:',A vine FAX TRANSMISSION COLORADO WELD COUNT' DEPARTMENT OF PLANNING SERVICES Max: 970.304.6498 PHONE: 970-353-9100, Ex-r. 3540 j Ta: Date: \ I 1 f2-1 Ieitt Fax: Pages: K. including cover • Phone: \U1 From: JOLN6 Subject; r , n p / ////�� VS\`— ('1S COMMENTS: (�`t�h/UVI �t `^rric'efv� e�� 1 n _ J2 _ r r//c/mod JJ F,`6 �lC_cy r r 1 [A'C �-/c VJnMZ`G9 • �p( T. 4r- Iwf 003 mtrx ✓Gl�- �F' �V� l.ahr� ,se- i y s9 U If you need any further information, please feel free to contact me at the above telephone number. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and Tiny contain information that is privileged, confidential and camp;liomdisclosurc under anplicablelaw, If the reader of this facsimile is not theintended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error, lea original message to us at the above address via the U.S_Postal Service. Thank you, please notify us immediately by telephone and return the 09/27/04 11:20 F 970 3 6498 WELD PLANNING Z002 l:uuA%fVIK1' TgI,J(;K04 309 a57 1285 09/1 4 09e5Zam P. 001 COUNTRY TRUCK & A. o ace 205 DENVER AVENUE FORT LUPTON, COLORADO 80621 PRONE 3O:1-857-1281 FAX 3O3-857-1285 3�':.:'a-55-.{ 4?v •^.;_9"l��e-"4'�s y"d`)1 ,? „I-➢,ti li SENT] TO: 6( ,(7, P.13-14 ,,,,_, ,�g f ATTENTION: elm - I+AX NUMBER: 9w - 364 _ 6,,9p' r� URGENT 0 REPLY ASAP TOTAL # OF PAGES INCLUDING COVER Z. TLTAN.I{ YOU IF YOU HAVE ANY QUESTIONS PLEASE CALL US AT 3O3-857-1281 a C� CC,7Q I e b , 9� Q 7/72,1.4e Lam, • 09/27/04 11:20 FAX 970 304 6498 WELD MANN1Nra IMPROVEMENTS AGREEMENT AC CORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENAN CE) rt THIS AGREEMENT,made and entered into this 7 day of 3(F4ertt Art.20,/j by and between the County of W old,State of Colorado,acting through its Board of County Commissioners,hereinafter c ailed"County," and`R-i'M foci&4- 1..1.4_ hereinafter called"Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a e ontrolling interest in the following described property in the County of Weld, Colorado Lo 4.- I o f Qcuxe1teg cot-9-(.,tip.vo-tti t /b3q row '/y jd-.,., - p W. co +4- 144, P. 04- , Cora- t. ,Co larcto WHEREAS,a Final Subdivision/Planned Unit Development(PUD) plat of said property,to be Itmwn as has been submitted to the County for approval,and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction ofihepublic improvements sbown on plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhib its"A"and "B"of this Agreement, NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall finish,at its ownexpense,all engineering services in COrinectio n with the design and construction of the Subdivision or Planned Unit-Development improvements listed on Exhibit "A,"which is attached hereto and incorporated herein by reference. 1.1 The required enginmring services shall be performed by a Professional Engineer and Land Surveyor registeredin the State of Colorado,and shell conform to the standards and criteria established by the County for public impro vements. 1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for re ads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way andEasements: Before commencing the construction of any improvements herein agrecdnpon, Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and facilities traversed by the prop oath improvements. 3.0 Construction: Applicant shall fhrnidi and install, at its own expense, the Subdivision or Planned Unit 1 09/27/04 11:21 FAX 970 304 6498 WELD PLANNING 1¢]006 Development improvements listed on Exhibit'A,"which is attached hereto and incorporated herein by reference, according to the construction schedule act out in Exhibit "B" which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in stria conformance to the plans and drawings approved by the County and the specifications adoptedby the County for such public improvement Whenever a Subdivision or Planned Unit Development ie proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirement and standards that would exist if the plat were developed within the corporate limbs of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision at Named Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requrements and standards,those requirements and standards that are more restrictive shall apply, 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the C onnty;and shall furnish copies often results to the County. 3.3 At all times during said construction,the County shall have the eight to test and lisped,or to require testing and inspection of material and work Si Applicant's expense. Any material or wort not conforming to the approved plans and specifications shall be removed and replaced to the Satisfaction of the County at Applicant's expense, 3.4 Applicant shall furnish pmof thatproper arrangements have been made far the installation of sanitary sewer or septic systems,water,gas,electric and telephone services, 3.5 Said Subdivision or Planned Unit Dev elopment improvements shall be completed,according to the terms of this Agreement,within the construction schedule appearing in Exhrbit"B." The Board of County Commissioners,at its option, may grant an extension ofthe time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein, 4.0 Release of Liability; Applicant obeli indemnify and hold harmless the County from any and all liability loss and damage Countymay suffer as a result of all suits,actions or claims of everynature and description caused by,arising from,or on account of said design and construction of'moray meats,and pay any and all judgments rendered againstthe County on aceaunto£any such suit,action or claim,tog ether with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, boa or damage is caused by,or arises out of the neglgence of the County or its officers, agoras, employees, or otherwise except for the liability,loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors ant other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Aunroval of Streets by the Corny: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence,the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be placed in set-vice when completed accordie g to the schedule shown on Exhibit"B,"but such use and operation sha11 not constitute an approval of said portions. 2 09/27/04 11:21 FAX 970 304 6498 WELD PLANNING 007 6.2 County may, at its option, issue building permits for consruetinn on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County;and all terms of this Agreement have been faithfully kept by Applicant 6.3 Up on completion oftheconslructionofstreets within Sub division or Planned Unit Development and the filing of a Statement of Substantial Compliance,the applicant(s)may request in writing that the County Engineer inspect its streets and recommendthatthe Board of County Commisaionera partially approve them. Not sooner than nine months after partial approval,the County Engineer shall,upon request by the applicant, inspect the subject streets,and notify the applicant(a)of any deficiencies. The County Engineer shall reimpeet the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer furls that the streets arc constructed according to County standards,he or she shall recommend full approval. Upon a receipt ofa positive unqualifndreeommendation from the County Engineer for approval o f streets withinthe development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must he equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which ofthe five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies andregulations. The improvements shall be completed within one(1)year after the Fin alPlai approval(not one year after acceptable collateral is submitted)unless the applicant(s) reauerts that this Atreement be renewed at least thirty(30)days prior to ih expiration and further provides that cost ertunatesJpr the remaining impro vemen to are updated and collateral is provided in the amount of One-Hundred percent(I 00%)orate value ofthe imp vementr remaining.to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on allor aportion ofthe collateral an dtakc steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Developmeu t Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvement in each filing as approved. The County will place restrictions on those portions oftheproperty that are not covered by collateral which will prohibit tic conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits"A" and"B." 8.0 Improvements Guarantee: The five types of collateral listed below are acceptab It to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable setter of Credit from a Federal or State licensed financial institution on a form approved by Weld C ounty. The Letter of Credit shall state at least the Following: 8.1.1 The Letter of Credit shall be in an amount equivalent ofOnc-Hundredpercent(100%)of the total value of the improvem rots as set forth in S ection 6.0 and Exhibits"A"and "B." 8.1.2 The Letter of Credit shallprovide for paymeatupon demand to Weld County ift a developer has not performed the obligations specified in the Improvements Agreement and the issuer 3 09/27/04 11:21 FAX 970 304 6498 WELD PLANNING Zoos has been notified of such default. 8.1.3 The applicant may draw from the Later of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guatantcc that,at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Himdred percent(100%)of the estimatedcosts of completing the uncompletdpottions of to required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e.,streets, sewers,water mains and landscaping.etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1,5 The Letter of Credit shall spocify that fifteen percent(15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letterer Creditshail specify thatthe date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the date of Final Plat appr oval,whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Dust Dccd upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the propo sad development is us ed as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of keel Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of development is suffickntto cover Onc-Hundred percent(100%)of the con of the improvements as set forth in the bnprovemenss Agreement plus all costs of sale of the prop erty. 8.2.2 In the event property other'Mantle property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appranere(M.A.I.)indicating tat the value of the property encumbered in its Current state of development is sufficient to Dover One-Hundred percent (100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8,2.3 A title usurance policy insuring that the TrustDeed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building p emit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equalto One-Hundred percent(100%)of tie amount specified in the Improvements Agreement 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreementand for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 4 09/27/04 11:22 FAX 970 304 6498 WELD PLANNING 009 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines them is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds(tithe County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(700%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash delimit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from anEngineer rcgisteredin Colorado that the project on portion of the project has been completed in substantialcompliance with approved plans and specifications documenting the following: 9,1 The Engineer or his reptesentative has made regular on-site inspections during the cemac of construction and the construction plans utilized arc the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Cobrado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation(CDOT)Materials Manual. 9.3 "As built"plans shall be submitted atthe time the lctterrequesting Iclease of collateral is submitted. The Engineer shall certify that the project"as-built"is in substantial compliance wit the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and tasponsibiity by the appropriate utility company,special district or town for any utilities. 9.5 A lens must be submitted from the appropriate Fie Authority indi eating the fire hydrants am in place in accordance with the approved plans. The letter shall indicate ifiho fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance andrecoramendation of approval of the streets by the County,the applicant(s)may request release of the collateral for the projector portion of the project by the Board. This action will bo taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"lathe amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by theresponsible governmental entity,special district or utility comp any. 9.9 The warranty collateral shall be released to the applicant upon final approval by the B card of County Commissioners. 10.0 Public Sitea and Open Spaces; When the Board ofCounty Commiwionors,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extentand location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordanoewith one of 5 09/27/04 11:22 FAX 970 304 6498 WELD PLANNING U010 the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,far one of the above purposes. Any area so dedicated shall be maintained by the County or school district 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reservedthrough deedresaiotions as open area,the maintenance of which shall ben specific obligation in the deed of each lot within the Subdivision or Planned Unit D evclopmeat. 10.3 in lieu of land,the County may require a payment to the County in an amount equal to the market value at the tine of Final Plat submission ofthe required acreage as determined accnrdingto Chapter 24 of the Weld County Code. Such valte shall be determined by a competent lard appraiser chosen jointly by the B oard and the Applicant The cash collected shall be deposited in an escrow account to be expended for parks ata later date. 11.0 Successors and Assigns; This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land hezein described,and shall be binding upon the successors in ownership of said land. 6 09/27/04 11:22 FAX 970 304 6498 WELD PLANNING 0 011 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written APPLICANT: APPLICANT: TITLE: Subscribedand sworn to before me this A day of ,20_ My Commission expires: Notary Public ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 7 ,09/27/04 11:22 FAX 970 394 6498 WELD PLANNING VII 012 EXHIBIT"A" Name of Subdivision or Planned Unit Development Filing Location: Intending to be legally bound, the undersigned Applicant hereby agreea to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave sp aces blank whore they do not apply) improvements (brantjty Units Unit Estimated Construction Costs Cart Site grading Street wading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bora) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirement Pith F-F. 4cY).00SfllnInn/ Landscaping pAgArl./)p Pito4s -,-.in'44.1OtJ)_ Park improvements Road culvert Crass lined swab Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs$ (Testing,inspection,as-built plans and work in addition to preliminary and finalplat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S The above improvements shall be constructed in accordance with all County requirements and specifieatnns, and .09/27/04 11:23 FAX 970 304 6498 WELD PLANNING Ij 013 conformance with this provision shall b e determined solely by W old County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B." By: Applicant Applicant Date: ,20 Title (If corporation,to be signed by President and attested to by S eetetary,together with carp orate seal.) 9 . 09/27/04 11:23 FAX 970 304 6498 WELD PLANNING 0 014 EXHIBIT "B" Name of Subdivision �� ,A ' or Planned Unit Development /-Hey\ J i t tw'X..+ 1`t1..t X77 e_SC^ Piling Location: Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within / _years from the date of approval of the fmal plat Constmetion of the improvements listed in Exhibit"A' shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street base Street paving _ Curbs.Butters.and culverts Sidewalk Storm sewer facilites Retention ponds Ditch improvements /Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monum eats and boxes Street lighting Street name signs Lencine requirements tern-4A LenttvnAn ,inn[ Park tmnmvem anti Road culvert Grass lined swat Telephone Electric Water Transfer SUB-TOTAL: 10 MEMORANDUM WII TO: Jacqueline Hatch, Planner DATE: August 18, 2004 CFROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: USR-1457, Mike Whistance & Tony Dowdy The applicant has provided additional information regarding the storm water drainage from the site. This information will be placed in the USR-1457 file. The applicant has defined the existing and proposed elevations and direction of flow. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. pc: USR-1457 M1PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1457.DOC Page 1 of 1 Jacqueline Hatch From: Charlotte Davis Sent: Tuesday, July 06, 2004 11:48 AM To: Jacqueline Hatch Subject: USR-1459 Jacqueline, I have reviewed the letter from T&M Trucking dated July 28, 2004(??). Condition 1F Vehicle Washing Area-According to the applicants detailing of vehicles will be done off-site. This condition is resolved and can be removed. Condition 1G - EPA Class V Injection Well-According to the applicants they will not be installing a floor drain. This condition is resolved and can be removed. Condition 1H -Waste Handling Plan-Waste Handling Plan has been submitted, approved and can be removed. All Health Dept Conditions have been resolved. Please let me know if you have questions. Regards, Char (17/(1KONIA a DEPARTMENT OF PLANNING SERVICES !' Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 I WEBSITE: www.co.weld.co.us wi E-MAIL:jhatch@co.weld.co.us C. Phone(970) 53-6100, Ext. 3540 Fax (970) 304-6498 COLORADO June 30, 2004 T & M Truck and Auto LLC 205 Denver Ave. Fort Lupton, CO 80621 Dear Mr. Dowdy and Mr. Whistance: This letter is regarding your Use by Special Review application for a vehicle sales establishment located in Lot 1 or RE-1039 being part of the NW4 of Section 20, T2N, R68W of the 6th P.M., Weld County, CO Parcel number 1309 20 000041 The Department of Planning Services has reviewed the conditions of approval as stated in the resolution passed by the Board of County Commissioners on April 7, 2004 and have determined that the following items still need to be completed. The ( ) underneath each requirement informs you of which agency is requiring the information. The italic notes are comments from staff regarding these items. The bold are items that still need to be completed at this time. A. The applicant shall submit a revised Landscape/Screening Plan for review and approval to the Department of Planning Services addressing the concerns in the referral received January 19, 2004 from Kim Ogle, Planning Manager. (Department of Planning Services) Staff is reviewing this at this time. B. The applicant shall provide the Department of Planning Services with documentation as to how the outside storage will be screened per Section 23 3 250.A.9 of the Weld County Code. (Department of Planning Services) Done C. The applicant shall obtain written approval from the Fort Lupton Fire Protection District stating that the facility is in compliance with the Fire Code. (Department of Planning Services) D. The applicant shall attempt to address the requirements (concerns) of the City of Fort Lupton, as stated in the referral response dated January 11, 200/1. Evidence of such shall be submitted in writing to the Weld County-Department of Planning Services. Done E. The Platte Valley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (Department of Planning Services) Done F. The applicant shall provide evidence to the Department of Public Health and Environment that any vehicle washing area will be designed and constructed to capture all effluent and prevent any discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) Char Davis with the Health Department is reviewing the documents and will provide me with comments. G. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V Injection Well permit from the Environmental Protection Agency (EPA) for any vehicle maintenance facility located on the site that is equipped with a floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. (New EPA rule effective 4/5/2000). Evidence of approval shall be provided to the Department of Planning Services. (Department of Public Health and Environment) H. 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 approval shall be provided to the 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) Char Davis with the Health Department is reviewing the documents and will provide me with comments. Section 23-3-250.A.1 of the Weld County Code states that users of land shall provide and maintain stormwater retention facilities designed to retain the stormwater runoff in excess of historic flow from the undeveloped site. The stormwater retention facility on a developed site shall be designed for a one- hundred-year storm. The stormwater retention facility shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site. The application materials state that the storm water will run into adjacent ditches. There was no supporting documentation stating how this is accomplished. The applicant shall contact the Weld County Department of Public Works to further discuss this issue. The applicant shall provide the Department of Planning Services with evidence that a solution has been reached to the satisfaction of the Department of Public Works. (Department of Planning Services) J. The applicant shall provide the Department of Planning Cervices with a property maintenance plan for review and approval.-(Department of Planning Services)Done K. The applicant shall provide written evidence that all proposed signs are in compliance with Section 23 4 90 of the Weld County Code. (Department of Planning Services)Done L. The applicant shall enter into a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera) and non transportation (plant materials, fencing, screening, water, signage etcetera). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. Or the applicant may submit evidence that all the work has been completed and reviewed by the Department of Planning Services and the Department of Public Work. (Department of Planning Services) If you have further question, please contact me at the above address or call (970) 353-6100 ext. 3540. Sincerely, Jacqueline Hatch, Planner 13038574603 Fort Lupton Fire Prot Dis 02-44.57 p ni 06-30-2004 272 Ft. Lu•to i A £J or, tidon g�3zok glnd I N 1121 DENVER AVE. EMERGENCY 911 FT. LUPTON, CO 80621 OFFICE 303-857-4603 NE DEPT June 30, 2004 Jacqueline Hatch Weld county planning Department 1555 N. 17` Avenue Greeley, Colorado 80631 RE: Site Specific Development Plan-Permit#1459 Dear Jacqueline: I have reviewed the above plan and have found no fire code issues at this time. azr- Larry Richardson Fire Marshal trot 4 ed "eat rninalion, ""arneza" Weld County P!2n.nlnr., Dcaartment frr[l :jar, r,l 14 '. '102 T&M TRUCK AND AUTO LLC R 205 Denver Ave. Fort Lupton,Co 80621 Phone: 303-857-1281 Fax: 303-857-1285 MRDBR@aol.com www.countrytruck.com May 5,2004 To whom it may concern: This letter is in response to special review permit#1459, section 1-J. The property located at 13030 Weld County Road 20, Fort Lupton, Colorado 80621. Will be maintained by the owners of the property at all times. This includes removal and or mowing of weeds and or any natural grass already located on the property. The Lot used for the business will be covered in Recycled Asphalt. Any other approved landscaping will be up kept at all times and the area clean of all debris. We know the importance of keeping our business looking clean and well kept at all times. This is for not only the county and neighbors but is also good business practice in which we adhere. If you have,any further questions on this matter please contact Tony Dowdy or Mike Whistance at 303-857-1281. Respectfully, Tony Dowdy and Mike Whistance Owners of T&M Truck and Auto LLC T&M TRUCK AND AUTO LLC 205 Denver Ave. Fort Lupton, Co 80621 Phone: 303-857-1281 Fax: 303-857-1285 MRDBR@aol.com www.countrytruck.com May 5, 2004 To whom it may concern: This letter is in response to special review permit#1459,section 1-B. There will be no outside storage on the property. The overflow area will be covered with crushed asphalt,and only used for extra parking of vehicles that are for sale. There will be no debris,old parts,or vehicles that are not specifically for sale stored outside the building and the property will be kept clean at all times. This is in compliance with section 23-3-250.A.9 of the Weld County Code. If you have any further questions on this matter please contact Tony Dowdy or Mike Whistance at 303-857-1281. Respectfully, Tony Dowdy and Mike Whistance Owners of T&M Truck and Auto LLC T&M TRUCK AND AUTO LLC ....... ....... 205 Denver Ave. Fort Lupton, Co 80621 Phone: 303-857-1281 Fax: 303-857-1285 MRDBR@aol.com www.countrvtruck.com May 5,2004 To whom it may concern: This letter is in response to special review permit#1459, section 1-D. T&M Truck and Auto LLC. has respond to the concerns of the City of Fort Lupton in their letter dated January 14, 2004. We wrote a letter to CDOT about the City of Fort Lupton's concerns about the access to and from Highway 85. The letter was received and CDOT responded to the Weld County Planning Department by e-mail, stating that due to our number of employees and customers at any one time we will have little to no impact on Highway 85. This issue was further addressed and solved by the Weld Country Planning Department; Weld County will require entrance into the property off the east easement road and not off Road 20. The City of Fort Lupton was also concerned that if our business would ever be looking to expand or relocate, as to what the property would then be used for. We can assure the City of Fort Lupton that we have no plans to relocate and we have ample room to expand if the need arises. We have also included a copy of the City of Fort Lupton Planning Commission minutes,from the meeting Dated January 13, 2004. We have highlighted the area were after discussion it was decided to change the wording from denied to scrutinized. We feel we have addressed these issues to the best of our ability. Thank you for your attention to this matter. If you have,any further questions please feel free to contact Tony Dowdy or Mike Whistance at 303-857-1281 Respectfully, Tony Dowdy and Mike Whistance Owners of T&M Truck and Auto LLC Enclosure • Cc fair its,, . City of Fort Lupton : . Planning Commission at mast Eugene Reynolds-Co-Chew:non Steven Wolfe-Co-Chairperson PVlwmne.fntserp.7Nrw•, Tracey ReyMOe Vase eesen.,xmmty.,aawes &Yo.Oere Veen 5.Daub Norooss-EsOAkie Shannon Crespin-Ex-OOlcto JANUARY 13, 2004 7:00 P.M. MEETING MINUTES 1. CALL TO ORDER—The meeting was called to order by Co-chairman Gene Reynolds at 7:04 pm. 2. ROLL CALL: Gene Reynolds Present Tracey Reynolds Present Steve Mitchell Absent Bruce Davis Present Vacant Vacant (alt.) EX-OFFICIO STAFF S. David Norcross, Mayor Present Brian Grubb, City Planner Present Shannon Crespin Present oasis 3. APPROVAL OF THE AGENDA: Mr. Reynolds a re were any amendments to the agenda. There were none. Tracey Reynolds moved to approve the gnted. Bruce Davis seconded the motion. The motion passed on a voice vote. , j 4. APPROVAL OF THE MINUTES: Gene Reynolds moved to approve the minutes horn December 9, 2004. Tracey Reynolds seconded the motion. The motion passed on a voice vote. 5. WELD COUNTY REFERRALS: A. USR— 1457—A Site Specific Development Plan and Special Review Permit for a business permitted as a use by right in the commercial zone district (vehicle sales and detailing establishment) in the A (Agricultural) Zone District. The applicant is Country Truck and Auto LLC do Mike Whistance and Tony Dowdy. The property is located at the southeast corner of Weld County Road 20 and Highway 85. Tammy Ellerman of Or Land Company and Mike Whistance of Country Truck and Auto were present to answer questions about the application. Mr. Reynolds asked if they had read the staff report. The applicant affirmed that they had. Discussion followed regarding the amount of right-of-way necessary for Weld County Road 20 and the discrepancy on the plant The applicant indicated that it was their intent to dedicate 30 feet of right-of-way for Weld County Road 20. Ms. Reynolds expressed a concern about traffic and safety on Highway 85. There was discussion about the Highway 85 Access Plan and the need for acceVdecel lanes and left hand turning lanes. Post-IV Fax Note 7671 Cato 3/Q-e.q Ip/°ges' a.. Te Mike rrMrrr `i1thAlilel 5 CoiDapt Co. Phones Phone s303 -75R -649n/ Fax 56.5_gf_Inc ,Fax, • Planning Commission Agenda August 12, 2003 Bruce Davis shared some of the same concerns; however he would prefer to expand the city limits and prefers this use to a gravel pit. Mr. Davis recommended that we support the proposal. John Dent, representing the Fort Lupton Development Corporation spoke in support of the application. There was discussion about the draft letter included in the packet. Mr. Grubb offered a compromise on the language in item#1. He recommended that the last sentence be modified as follows: It is the opinion of the Fort Lupton Planning Commission that the proposed devebpment is may be urban in nature and therefore the Use by Special Review should be deniod scrutinized for compliance with the IGA. More discussion followed. The consensus was that the letter should be sent to the County with the proposed change. Bruce Davis moved to send the letter to the County with the proposed changes to the language. Tracey Reynolds seconded the motion. The motion passed on a voice vote with no objections. 6. PUBLIC HEARINGS: None ,/1 7. ACTION ITEMS: None �✓� 8. DISCUSSION ITEMS: A A. 2004 Planning Commission Handbooks — Updates and additions as requested at the December 2003 meeting. Mr. Grubb handed distributed the resolutions and AM's that were requested by the Mayor at the December meeting. B. Recent Land Use Actions by Weld County- Heit Gravel Pit and Aggregate Industries. Mr. Norcross provided the Commission with an update on the actions taken regarding recent County Land Use applications. The applications discussed were Adams Sand And Gravel. Heil Sand and Gravel, Hunt Brothers rezoning and Brancucci rezoning. C. Minutes From September 23, 2003 Mr, Grubb asked for input and notes from the commission regarding the September 23r° 2003 meeting. Mr. Norcross noted that he was the only 'no" vote. The Commission recommended approval and concurred with the staff report of the application but did not make a recommendation regarding the fee reductions. 9. ADJOURNMENT—The meeting was adjourned at 7:57 pm. Page 2 of 2 Hello