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Home My WebLink About20091371.tiffr • • • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number / 9 - - / - C 0 - � ! (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us.) Legal Description b j 4'2 tit e y , Section 25, Township / North, Range(;% West Flood Plain: r/ Zone District: A (c, , Total Acreage: a• 71 , Overlay District: Geological Hazard: Airport Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: pie ti 6%-3 L.tiricitic MC Work Phone # 3c3 =Sid 1st? Home Phone # Email z4/1,„ ott5 &,n.,.,/i Address: IM'/ rave yitor Address: City/State/Zip Code LUG be<3 GJ Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: 1^{y 'LC et( v) Work Phone # .361- -ma e,5z3 Home Phone # oav Email 2.44Q„-., [ ( ',1 %c tic a 14,--i/41;/ (0 Address: i C', bn✓ t >t G.•3k k.h, (,• S/1/,r Address: City/State/Zip Code PROPOSED USE: p `.v t, •., .:tit -c ea c r;t itte C Me4Lu c, 4:A0 r'c 4c1 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. Signature: w er gc Pluthorized Agent tt J •63 Date Signature: Owner or Authorized Agent EXHIBIT 2009-1371 1. The intended use of the property is for storage of our equiptment,tools, and vehicles.It is also used as a hub to meet with employees before and after work hours before leaving home for the day. • • • 2. The A(Agricultural) Zone District is intended to provide areas for conduct of agricultural production without interference of other incompatible land uses. 3.The A(Agricultural)Zone District is intended to provide areas for conduct of agricultural activities and activities related agricultural production basically the property is used as is for use of storage for our business the environment is compafible with our uses being that heir is an existing business across from our property. 4.The fenced enclosure is used for storage of our vehicles and equipment . 5. a. Their will be a total of 14 people using the property. b. Their will be a total of 12 employees. c. The hours of operation are as follows Winter hours: Monday thru Friday 8:00am to 2:00pm and Summer hours Monday thru Friday 7:00 am to 6:00pm. d. Teir will be no structures or any changes done to the property. e. Their will be no animals on the property. f. Dumptrucks and Tractor trailers as well as pick-up trucks Size:25 footers for dump trucks,tractor trailer 25 footers and pick-up trucks range froml2tol8 ft. Weight:From 6,500 to 26,0001bs. g. Greater Brighton Fire Protection District located 425 Main Street Brighton,Co 80601 Ph(303)659-4101 Dan Biro h. Wattenberg Improvement Association Mike and Theresa Garcia 1943 Caroline Avenue Fort Lupton,Co.80621 (303)659-3031. i. Is existing permit # 780397-G on record. j. Metal forms,tools. 6. N/A no landscaping is proposed for the property. 7. No change fenced enclosure is on the property if need to vacate. 8. Water drains to North East corner of lot. 9. N/A . 10. Inside dumpster • • • • • BYLAWS OF ZAPIEN BROS. CONCRETE, INC. ARTICLE I NAME The name of the corporation is 2apien Bros. Concrete, Inc. ARTICLE II STOCKHOLDER'S MEETINGS All meetings of stockholders shall be held at the offices of the company or at any other place designated by the board of directors. ARTICLE III ANNUAL MEETINGS The annual meeting of the stockholders of the corporation shall be held at 10:00 a.m. on the second Tuesday in March of each year if not a legal holiday, and if a legal holiday, then at the same time on the next succeeding Tuesday not a holiday, the first such meeting to be held in 2001. In the event that such annual meeting is omitted by oversight or otherwise on the date herein provided for, the directors shall cause a meeting in lieu thereof to be held as soon thereafter as conveniently may be, and any business transacted at or elections held at such meeting shall be as valid as if transacted or held at the annual meeting. Such subsequent meeting shall be called in the same manner as provided for the annual stockholder's meeting. ARTICLE IV SPECIAL MEETINGS Except as otherwise provided by law, special meetings of the stockholders of this corporation shall be held whenever called by the president or by a majority of the board of directors or whenever one or more stockholders who are entitled to vote and who hold at least 10% of the capital stock issued and outstanding shall make written application therefor to the secretary, stating the time, place and purpose of the meeting called for. ARTICLE V NOTICE OF STOCKHOLDER'S MEETINGS Notice of all stockholder's meetings, stating the time, place and the objects for which such meetings are called, shall be given by the president or secretary, or by any one or more stockholders entitled to call a special meeting of the stockholders, by mail not less than 10 nor more than 40 days prior to the date of the meeting to each stockholder of record at his address as it appears on the stock books of the corporation, unless he shall have filed with the • • • • • secretary of the corporation, a written request that such notice intended for him be mailed to some other address, in which case it shall be mailed to the address designated in such request. Any meeting of which all stockholders shall at any time waive or have waived notice in writing shall be a legal meeting for the transaction of business, notwithstanding that notice has not been given as hereinbefore provided. ARTICLE VI WAIVER OF NOTICE Whenever any notice whatsoever is required to be given by these Bylaws or the Articles of Incorporation of this corporation, or any of the corporation laws of the State of Colorado, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent thereto. ARTICLE VII QUORUM OF STOCKHOLDERS Except as hereinafter provided and as otherwise provided by law, at any meeting of the stockholders a majority in interest of all the capital stock issued and outstanding, represented by the stockholders of record in person or by proxy, shall constitute a quorum; but a lesser interest may adjourn any meeting, and the meeting may be held as adjourned without further notice; provided, however, that directors shall not be elected at meetings so adjourned. When a quorum is present at any meeting, a majority in interest of the stock represented thereat shall decide any question brought before such meeting, unless the question is one upon which by express provision of law or of the certificate of incorporation of these Bylaws, a larger or different vote is required, in which case such express provision shall govern and control the decision of such question. ARTICLE VIII PROXY AND VOTING Stockholders of record may vote at any meeting either in person or by proxy in writing, which shall be filed with the secretary of the meeting before being voted. Such proxies shall entitle the holders thereof to vote at any meeting, but shall not be valid after the final adjournment thereof. No proxy shall be valid after the expiration of 11 months from the date of its execution unless the stockholder executing it shall have specified therein the length of time it is to be continued in force, which shall be for some limited period. Each stockholder, except as hereinafter otherwise provided, shall be entitled to one vote for each share of stock held by him. 2 • • • • • ARTICLE IX BOARD OF DIRECTORS Directors shall serve for a term of one year and until their successors are elected and qualified. The directors shall be chosen by ballot at an annual meeting of the stockholders or at any meeting held in place thereof as provided by law. No compensation shall be paid to directors, as such, for their services unless otherwise established by the directors. By resolution of the board of directors, a fixed sum for actual expenses for attendance for each regular or special meeting of the board of directors may be authorized at its option. Nothing herein shall be construed to precluding a director from serving the corporation in any other capacity and receiving compensation therefore. ARTICLE X POWER OF DIRECTORS The board of directors shall have the entire management of the business of the corporation. In the management and control of the property, business and affairs of the corporation, the board of directors is hereby vested with all the powers possessed by the corporation itself, so far as this delegation of authority is not inconsistent with the laws of the State of Colorado, with the Certificate of Incorporation of the corporation, or with these Bylaws. The board of directors shall have power to determine what constitutes net earnings, profits and surplus, respectively, what amount shall be reserved for working capital and for any other purpose, and what amount shall be declared as dividends, and such determination by the board of directors shall be final and conclusive. ARTICLE XI MEETINGS The regular meeting of the board of directors shall be held immediately after the annual meeting of stockholders and at the same place. Special meetings of the board of directors may be held at any time or place in the State of Colorado, called by the president or secretary, notice thereof being given to each director by the secretary or president, or at any time without formal notice provided all the directors are present or those not present shall at any time waive or have waived notice thereof. Notice of special meetings may be oral or written but must reach every director not later than the day before the day on which the meeting is to be held. The officers of the corporation shall be elected by the board of directors after its election by the stockholders, and a meeting may be held without notice for this purpose immediately after the annual meeting of the stockholders and at the same place. 3 • • • • • ARTICLE XII QUORUM OF DIRECTORS A majority of the members of the board of directors as constituted for the time being shall constitute a quorum for the transaction of business. If a quorum is present, the acts of 51% of the directors in attendance shall be acts of the board. ARTICLE XIII OFFICERS The officers of this corporation shall be a president, secretary and treasurer. The board of directors, in its discretion, may elect a chairman of the board who, when present, shall preside at all meetings of the board of directors, and who shall have such other powers as the board shall prescribe. Any person may hold more than one office, provided the duties thereof can be consistently performed by the same person. Officers shall receive such compensation for their services as may be authorized or ratified by the board of directors. Election or appointment of an officer shall not of itself create a contractual right to compensation for services performed as such officer. ARTICLE XIV ADDITIONAL OFFICERS AND AGENTS The board of directors, at its discretion, may appoint a general manager, one or more assistant treasurers, and one or more assistant secretaries, and such other officers or agents as it may deem advisable, and prescribe the duties thereof. ARTICLE XV PRESIDENT The president shall be the chief executive officer of the corporation and, when present, shall preside at all meetings of the stockholders, and, unless a chairman of the board of directors has been elected and is present, shall preside at meetings of the board of directors. The president, unless some other person is specifically authorized by vote of the board of directors, shall sign all certificates of stock, bonds, deeds, mortgages, extension agreements, modification of mortgage agreements, leases, and contracts of the corporation. He shall perform such other duties as the board of directors shall designate. ARTICLE XVI SECRETARY The secretary shall keep accurate minutes of all meetings of the stockholders and the board of directors, shall perform all the 4 • • • • duties commonly incident to his office, and shall perform such other duties and have such other powers as the board of directors shall designate. The secretary shall have power, together with the president, to sign certificates of stock of the corporation. In his absence at any meeting, an assistant secretary or a secretary pro tempore shall perform his duties thereat. ARTICLE XVII TREASURER The treasurer, subject to order of the board of directors, shall have the care and custody of the money, funds, valuable papers and documents of the corporation (other than his own bond, if any, which shall be in the custody of the president), and shall have the exercise, under the supervision of the board of directors, all the powers and duties commonly incident to his office, and may be required by the board of directors to give bond in such form and with such securities as shall be required by the board of directors. He shall deposit all funds of the corporation in such bank or banks, trust company or trust companies, or with such firm or firms, doing a banking business, as the directors by resolution shall designate. He may endorse for deposit or collection all checks and notes payable to the corporation or to its order, may accept drafts on behalf of the corporation, and together with the president, may sign certificates of stock. He shall keep accurate books of accounts of the corporation's transactions which shall be the property of the corporation, and, together with all its property in his possession, shall be subject at all times to the inspection and control of the board of directors. All checks, drafts, notes or other obligations for the payment of money shall be signed by such officer or officers or agent or agents as the board of directors shall by general or special resolution direct. The board of directors may also in its discretion require, by general or special resolutions, that checks, drafts, notes and other obligations for the payment of money shall be countersigned or registered as a condition to their validity by such officer or officers or agent or agents as shall be directed in such resolution. ARTICLE XVIII RESIGNATIONS AND REMOVALS Any director or officer of the corporation may resign at any time by giving written notice to the corporation, to the board of directors, or to the chairman of the board, or to the president, or to the secretary of the corporation. Any such resignation shall take effect at the time specified therein, or, if the time be not specified therein, upon its acceptance by the board of directors. The stockholders, at any meeting called for the purpose, by 5 • • • • • vote of a majority of the stock issued and outstanding, may remove from office any director or other officer elected or appointed by the stockholders or board of directors and elect or appoint his successor. The board of directors, by vote of not less than a majority of the entire board, may remove from office any officer or agent elected or appointed by it. ARTICLE XIX VACANCIES If the office of any director or officer or agent becomes vacant by reason of death, resignation, removal, disqualification, or otherwise, the remaining director or directors shall choose a successor or successors who shall hold office for the unexpired term. ARTICLE XX CERTIFICATES OF STOCK Every stockholder shall be entitled to a certificate or certificates of the capital stock of the corporation in such form as may be prescribed by the board of directors, duly numbered and sealed with the corporate seal of the corporation and setting forth the number and kind of shares. Such certificates shall be signed by the president and by the treasurer or an assistant treasurer or by the secretary or an assistant secretary. ARTICLE XXI TRANSFER OF STOCK Shares of stock may be transferred by delivery of the certificate accompanied by either an assignment in writing on the back of the certificate or by a written power of attorney to sell, assign and transfer the same on the books of the corporation, signed by the person appearing by the certificate to be the owner of the shares represented thereby, and shall be transferable on the books of the corporation upon surrender thereof as so assigned and endorsed. ARTICLE XXII TRANSFER BOOKS The transfer books of the stock of the corporation may be closed for such period, not exceeding 40 days, in anticipation of stockholder's meetings as the board of directors may determine. In lieu of closing the transfer books, the board of directors may fix a day not more than 40 days prior to the day of holding any meeting of stockholders as the date as of which stockholders entitled to notice of and to vote at such meeting shall be determined; and only stockholders of record on such day shall be entitled to notice of or to vote at such meeting. 6 • • • ARTICLE XXIII LOSS OF CERTIFICATES In case of loss, mutilation, or destruction of a certificate of stock, a duplicate certificate may be issued upon such terms as the board of directors shall prescribe. ARTICLE XXIV FISCAL. YEAR The fiscal year of the corporation shall be as established by the board of directors. ARTICLE XXV SEAL The seal of the corporation shall consist of a flat -faced circular die with the following words and figures cut or engraved thereon: ZAPIEN BROS. CONCRETE, INC., *SEAL* STATE OF COLORADO. ARTICLE XXVI AMENDMENTS The Bylaws of the corporation, regardless of whether made by the stockholders or by the board of directors, may be amended, added to, or repealed by a vote of a majority of the directors at a regular or special director's meeting or by vote of the holders of not less than 51% of the issued and outstanding stock of this corporation, at any meeting of the stockholders, provided notice of the proposed change is given in the notice of meeting, or notice thereof is waived in writing. ARTICLE XXVII INDEMNIFICATION 1. Authority to Indemnify Directors. a. The corporation may indemnify a person made a party to a proceeding because the person is or was a director against liability incurred in the proceeding if: good faith; and (1) The person conducted himself or herself in (2) The person reasonably believed: 7 • • • • • (a) In the case of conduct in an official capacity with the corporation, that his or her conduct was in the corporation's best interest; and (b) In all other cases, that his or her conduct was at least not opposed to the corporation's best interests; and (3) In the case of any criminal proceeding, the person had no reasonable cause to believe his or her conduct was unlawful. b. A director's conduct with respect to an employee benefit plan for a purpose the director reasonably believed to be in the interests of the participants in or beneficiaries of the plan is conduct that satisfied this section. A director's conduct with respect to an employee benefit plan for a purpose that the director did not reasonably believe to be in the interests of the participants in or beneficiaries of the plan shall be deemed not to satisfy this section. c. The termination of the proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct described in this section. d. The corporation may not indemnify a director under this section if: (1) in connection with a proceeding by or in the right of the corporation in which the director was adjudged liable to the corporation; or (2) in connection with any other proceeding charging that the director derived an improper personal benefit whether or not involving action in an official capacity, in which proceeding the director was adjudged liable on the basis that he or she derived an improper personal benefit. e Indemnification permitted under this section in connection with a proceeding by or in the right of the corporation is limited to reasonable expenses incurred in connection with the proceeding. 2. Mandatory Indemnification of Directors. The corporation shall indemnify a person who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the person was a party because the person is or was a director, against reasonable expenses incurred by him or her in connection with the proceeding. 8 • • • • 3. Advance of Expenses to Directors. a. The corporation may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if: (1) The director furnishes to the corporation a written affirmation of the director's good faith belief that he or she has met the standard of conduct described in this section. (2) The director furnishes to the corporation a written undertaking, executed personally or on the director's behalf, to repay the advance if it is ultimately determined that he or she did not meet the standard of conduct; and (3) A determination is made that the facts then known to those making the determination would not preclude indemnification under this article. b. The undertaking required by this section shall be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment. c. Determinations and authorizations of payments under this section shall be made by the board of directors. 4. Court -Ordered Indemnification of Directors. A director who is or was a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court, after giving any notice the court considers necessary, may order indemnification in the following manner: a. If it determines that the director is entitled to mandatory indemnification, the court shall order indemnification, in which case the court shall also order the corporation to pay the director's reasonable expenses incurred to obtain court -ordered indemnification. b. If it determines that the director is fairly and reasonably entitled to indemnification in view of all of the relevant circumstances, whether or not the director met the standard of conduct set forth in this section or was adjudged liable, the court may order such indemnification as the court deems proper; except that the indemnification with respect to any proceeding in which liability shall have been adjudged is limited to reasonable expenses incurred to obtain court -ordered indemnification. • 9 • • • • (1) The corporation may not indemnify a director under this section unless authorized in the specific case after a determination has been made that indemnification of the director is permissible in the circumstances because the director has met the standard of conduct set forth in this section. The corporation shall not advance expenses to a director unless authorized in the specific case after the written affirmation and undertaking are received and the determination required by the board of directors has been made. (2) The determinations required by this section shall be made: (a) By the board of directors by a majority of those present at a meeting at which a quorum is present, and only those directors not parties to the proceeding shall be counted in satisfying the quorum; or (b) If a quorum cannot be obtained by a majority vote of a committee of the board of directors designated by the board of directors, which committee shall consist of three or more directors not parties to the proceeding; except that directors who are parties to the proceeding may participate in the designation of directors for the committee. c. If a quorum cannot be obtained, and a committee cannot be established, if a quorum is obtained or a committee is designated, if a majority of the directors constituting such quorum or such committee so directs, the determination shall be made: (1) By independent legal counsel selected by a vote of the board of directors or the committee, or, if a quorum of the full board cannot be obtained and a committee cannot be established, by independent legal counsel selected by a majority vote of the full board of directors; or (2) By the shareholders. d. Authorization of indemnification and advance of expenses shall be made in the same manner as the determination that indemnification or advance of expenses is permissible; except that, if the determination that the indemnification or advance of expenses is permissible is made by independent legal counsel, authorization of indemnification and advance of expenses shall be made by the body that selected such counsel. 6. Indemnification of Officers, Employees, Fiduciaries, and Agents. • 10 • • • a. An officer is entitled to mandatory indemnification under these Bylaws and is entitled to apply for court -ordered indemnification, in each case to the same extent as a director; b. The corporation may indemnify and advance expenses to an officer, employee, fiduciary, or agent of the corporation to the same extent as to a director; and c. The corporation may also indemnify and advance expenses to an office, employee, fiduciary, or agent who is not a director to a greater extent than is provided in these Bylaws, if not inconsistent with public policy, and if provided for by general or specific action of its board of directors or shareholders or by contract. 7. Insurance. The corporation may purchase and maintain insurance on behalf of a person who is or was a director, officer, employee, fiduciary, or agent of the corporation, or who, while a director, officer, employee, fiduciary, or agent of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee employee, fiduciary, or agent of another domestic or foreign corporation or other person or of an employee benefit plan, against liability asserted against or incurred by the person in that capacity or arising from his or her status as a director, officer, employee, fiduciary, or agent, whether or not the corporation would have power to indemnify the person against the same liability. Any such insurance may be procured from any insurance company, designated by the board of directors, whether such insurance company is formed under the laws of this state or any other jurisdiction of the United States or elsewhere, including any insurance company in which the corporation has an equity or any other interest through stock ownership or otherwise. 8. Notice to Shareholders of Indemnification of Director. If the corporation indemnifies or advances expenses to a director under this article in connection with a proceeding by or in the right of the corporation, the corporation shall give written notice of the indemnification or advance to the shareholders with or before the notice of the next shareholders' meeting. If the next shareholder action is taken without a meeting at the instigation of the board of directors, such notice shall be given to the shareholders at or before the time the first shareholder signs a writing consenting to such action. 11 l ientiIN Results • • Page 1 of 2 Account#: R6061486 WELD COUNTY ASSESSOR PROPERTY PROFILE Tax Area: 2502 Bordering County: Acres: 0.92 Parcel#: 146925100004 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 - 67 - 25 - 1 Owners Name & Address: ZAPIEN BROS CONCRETE INC PO BOX 1370 BRIGHTON, CO 80601 Business/Complex: Sale Date 6/9/2004 Sale Price $215,000 Property Address: Street: 1884 GRACE AV WELD City: WELD Sales Summary Deed Type WD Legal Description Reception # 3188756 20044 PT NE4 25-1-67 BEG AT SW COR BLK7 WATTENBERG SLY ON E R/W ABDN DL & NWRR 200' E200' N200' W200' TO BEG (1A M/L) SITUS: 1884 GRACE AV WELD 80621 •Land Type Commercial Land Subtotal: • Bldg# Abst Code 2135 Property Type Commercial Improvements Subtotal: Total Property Value Account#: R6061486 Owners Name & Address: ZAPIEN BROS CONCRETE INC PO BOX 1370 BRIGHTON, CO 80601 Building# 1 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Square Feet 40000 Actual Value 40000 $60,000 Buildings Valuation Summary Actual Value $205,500 $265,500 Building Details Property Address: Street: 1884 GRACE AV WELD City: WELD Property Type Commercial Individual Built As Detail Storage Warehouse Year Built: HVAC: Assessed Value $17,400 Assessed Value $59,600 $77,000 Parcel#: 146925100004 1910 Space Heater http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1469... 11/14/2008 •Ii'ienriI Results • • Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: 10800 Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.mcrrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=1469... 11/14/2008 Hello