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Home My WebLink About20090268.tiff Stotavn‘' W11 AMENDED SITE PLAN REVIEW Administrative Review COLORADO Case Number: Amended Site Plan Review 290 Parcel Number: 1207 23 202014 Applicant: Realty Income Corporation do Brent Moody Legal Description: Lot 14, Block 1 of the Amended Rademacher Business Park PUD being part of NW4 Section 23, Township 3 North, Range 68 West of the 6th P.M., Weld County, CO Zoning: PUD: C-3 (Business Commercial) & I-1 (Industrial) Proposed Use: 5,000 square foot retail sale area in addition to an R.V. Maintenance and Service Center (Camping World) Site Plan Review Standards Meets the Comments Intent of the Weld County code Site Plan Certification Needs to state PUD C-3/I-3 No Retention Facilities See memo from Public Works dated 7/23/07 Yes Engineering Dept.Approval Date Offstreet Parking See memo from Public Works dated 7/23/07 Yes Loading Areas Yes Access See memo from Public Works dated 7/23/07 Yes Setback Requirements 25 Feet -sign No Offset Requirements 10 Feet Yes Landscaping See comments below Yes Trash Collection and See comments below No Storage Potable Water Little Thompson Water District Yes Sewage Disposal Septic System Yes Environment Standards Yes Property Maintenance Property Maintenance plan required Yes Realty Income Corporation AMSPR-290 Page 1 /L act's 2009-0268 This site plan review is approved with the attached conditions: 1. The Site Plan Review Map shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. The applicant shall submit two paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copy the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' staff within 60 days of the approval and with payment of eleven ($11.00) dollars for the first sheet and ten ($10.00) per additional sheet. (Department of Planning Services) 2. 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 provide the Department of Planning Services with a property maintenance plan in accordance with Section 23-2-160.U.7 of the Weld County Code. (Department of Planning Services) B. The applicant shall attempt to address the requirements (concerns) of the Town of Mead, as stated in the referral response received August 16, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Town of Mead) C. The applicant shall attempt to address the requirements (concerns) of the Weld County Sheriffs Office, as stated in the referral response received August 27, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Sheriff's Office) D. The applicant shall address the requirements (concerns) of the Little Thompson Water District, as stated in the referral response received July 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Little Thompson Water District) E. The applicant shall address the requirements (concerns) of the Weld County Department of Planning Services Landscape referral, as stated in the referral response received July 20, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Planning Services) F. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Works letter dated July 23, 2007 have been met. (Department of Public Works) G. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application, for the on-site paint booth, from the Air Pollution Control Division (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD Realty Income Corporation AMSPR-290 Page 2 that they are not subject to these requirements. Evidence of Colorado Department of Health and Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) H. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of Environmental Health Services Division of the Weld County Department of Public Health & Environment approval of the plan shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) The applicant shall provide to the Environmental Health Services, Weld County Department of Public Health & Environment a detailed design and operation plan for the area used for equipment or vehicle washing. The washing area shall be designed and constructed to capture all effluent and prevent any discharges in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of Environmental Health Services Division of the Weld County Department of Public Health & Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) J. The septic system serving the RV maintenance shop shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems 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 Environmental Health Services Division of the Weld County Department of Public Health & Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) K. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) Application from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, for the wash bay floor drains to the detention pond, to satisfy requirements as delineated in 5 CCR- 1002-61. Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. Evidence of Environmental Health Services Division of the Weld County Department of Public Health & Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) L. 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 Realty Income Corporation AMSPR-290 Page 3 floor drain. Alternately, the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. Evidence of Environmental Health Services Division of the Weld County Department of Public Health & Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) M. 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 Environmental Health Services Division of the Weld County Department of Public Health & Environment approval of the plan shall be submitted in writing 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) N. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive and parking areas...) and non-transportation (plant materials, fencing, and screening...). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) O. The applicant shall pay the investigation fee of $500.00 to the Department of Planning Services. The additional investigation fee is added to the cost of the permit application when specific land, uses, buildings, manufactured homes, mobile homes, and structures that require a permit by the Weld County Code are located, moved, operated, or constructed prior to obtaining a permit. (Department of Planning Services) P. The applicant shall address the requirements (concerns) of the Weld County Department of Planning Services Zoning Compliance referral, as stated in the referral response received July 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Planning Services) Q. The four cargo containers on the east side of the property shall be removed from the site. Evidence that they have been removed shall be submitted to the Department of Planning Services and if they are tagged and operational. (Department of Planning Services) Realty Income Corporation AMSPR-290 Page 4 R. The applicant shall submit written information to the Weld County Department of Planning Services indicating the use of all the RV's currently parked on the property. (Department of Planning Services) S . The plat shall be amended to delineate the following: 1. The location and dimensions of any proposed signs per Article IV Division 2 of the Weld County Code. (Department of Planning Services) 2. The plat certificates shall adhere to 23-2-160.W.6 of the Weld County Code. (Department of Planning Services) 3. All pages of the plat shall be labeled Amended Site Plan Review AMSPR- 290. (Department of Planning Services) 4. The approved Landscape / Screening Plan. (Department of Planning Services) 5. The applicant shall use the existing access from Camelot Circle. (Department of Public Works) 6. Camelot Circle is a paved local road, which has 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of- way and the documents which created it along with any additional future right-of-way required. (Department of Public Works) 7. The applicant shall provide at a minimum sixty eight (68) parking stalls for this facility of which three (3) must meet the requirements of the Americans with Disabilities Act. The dimensions of the parking stalls shall adhere to Section 23-4-30 and Appendix 23-A of the Weld County Code and shall be dimensioned on the plat. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right- of-way. Further, the ramps from the parking area shall identify a landing area for non-ambulatory users of this facility. (Department of Planning Services) 8. The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. (Department of Planning Services) 9. Should outside storage of vehicles, equipment or materials be utilized on this property, the materials shall be screened from public rights-of-way and all adjacent properties. (Department of Planning Services) Realty Income Corporation AMSPR-290 Page 5 10. The plat shall accurately delineate and dimension the parking spaces per the site. (Department of Planning Services) 11. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 12. The applicant shall show the type of lighting and location that will be used on site in conformance with the Weld County Code. (Department of Planning Services) 13. The plat shall adhere to Section 23-3-250.A.2 regarding screened off- street parking. (Department of Planning Services) 14. The property boundary shall be clearly defined on the plat. (Department of Planning Services) 15. All structures including signs shall be located 25 feet from the existing or proposed right of way whichever is greater. (Department of Planning Services) 16. All easements per reception number 2561541 shall be delineated on the plat. (Department of Planning Services) 17. The plat shall delineate the location of all vehicle gates along the west side of the property. (Department of Planning Services) 18. The location of all the fire hydrants shall be delineated on the plat. (Department of Planning Services) 19. The location of all service bays shall be shown on the plat. (Department of Planning Services) 20. The applicant shall delineate the location of the loading areas on the southeast side of the building. (Department of Planning Services) T. The following notes shall be placed on the plat: 1. 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/Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 2. In the event that a portion of the building or lot is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Realty Income Corporation AMSPR-290 Page 6 Inspection Department, Mountain View 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 and/or a Final Plat Resubdivision. (Department of Planning Services) 3. 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. (Department of Planning Services) 4. There will be no staging or parking of vehicles on Camelot Circle. On-site parking shall be utilized at all times. (Departments of Public Works and Planning) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, 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) 6. 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) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 9. Any vehicle washing area(s) shall capture all effluent and prevent discharges from washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) Realty Income Corporation AMSPR-290 Page 7 12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 13. 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. When the existing septic system fails and a municipal sewage treatment system becomes available the facility shall be required to utilize the municipal sewage treatment system. (Department of Public Health and Environment) 14. The facility shall utilize the existing public water supply. (Little Thompson Water District) (Department of Public Health and Environment) 15. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and Environment) 16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 17. The operation 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) 18. Landscaping materials as indicated in the approved Landscape/Screening Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 19. All structures, including signs, on site must obtain the appropriate building permits. (Departments of Planning Services and Building Inspection) 20. The site shall maintain compliance with the Weld County Planned Unit Development (PUD) standards at all times. (Department of Planning Services) 21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 22. 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) Realty Income Corporation AMSPR-290 Page 8 23. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 24. Lighting shall comply with the requirements and standards for off-street parking spaces per Section 23-4-30.E, Section 23-2-250.D and Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 25. The site can not be used as a display area, storage area, or the sale of recreation vehicles, campers, boats, and other similar vehicles. (Department of Planning Services) 3. Prior to the release of building permits: A. A building permit application must be completed, and two complete sets of engineered plans must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. (Building Department) B. A plan review must be approved and permit must be issued prior to the start of construction. (Building Department) C. The new office shall conform to the requirements of the 2006 International Building Codes, the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Building Department) D. 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). (Building Department) E. A Flood Hazard Development Plan is required for buildings located within a 100 year flood plain. (Building Department) F. Prior to the release of building permits, the applicant shall submit evidence of approval from the Mountain View Fire Protection District to the Weld County Building Department. (Building Department) G. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health and Environment) 9 X / :Site Plan Review conditionally approved by: 9/3/c7 Michelle Martin 10 r- • f ",-..f an I1 CD 4 CC' �r C r N \. 1 0 . 466%.4%....... 0, 0 • 0, C • . . • • • • • �r • u W. 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CI; r . k I _. • ir it . i - ` 4 t1 't •/ L i- S. • ' 1 1 • . .,i . i� , :. • _ • i d. , _ •• • , 1 ,II ifverasaffiall pi- d • P;14, r • , • Eff. 1.� ' I • — rw�- ale i r_ c ,i I e•r I . ,i ` .dile I 4 I II ... k . . . . . . n »: 1' Y • , , .. ILI:1:: . 7 . it ' l• , r • _ - M• y l •1. . 4 ...,r 1 . ,..—/—.4 a +► a `• . (D • 44...1- . I R' ' ' CD ir • r e. ) • . ._. . • .... . •' 4c 1 4 alp ii lill .• ` • • . t NAthil, I I • . , . - I It ._ _me , 6 _ a • • ' - e� - . S • Page l of 1 • Michelle Martin From: Michelle Martin Sent: Thursday, January 22,2009 8:00 AM To: Stephanie Arries; 'Brent Moody'; Michael Carrigan Cc: Cameron Walter Subject: amspr-290 Attachments: Picture 001.jpg; Picture 004.jpg; Picture 002.jpg; Picture 005.jpg Hi Everyone, Yesterday I conducted a site inspection of the property and verified that the fencing was installed according to the Site Plan (Amspr-290), see attached photos. Let me know if you have any questions. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http://www.co.weld_co.us/departments/planning/comp improve comments.cfm 1/22/2009 • • Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Friday, January 16, 2009 11:21 AM To: 'Cameron Walter' Cc: Michael Carrigan; Brent Moody; Stephanie Arries Subject: RE: AMSPR 290 plans Cameron, The attached maps are ready for mylar. Let me know if you have any other questions. ,% �ea Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp improve comments.cfm From: Cameron Walter [mailto:cameron@jlwalter.net] Sent: Thursday, January 15, 2009 5:28 PM To: Michelle Martin Cc: Michael Carrigan; Brent Moody Subject: AMSPR 290 plans Michelle, As discussed, here are pdf files of the plan set, with your requested revision to add "Colorado Spruce" to the label and legend of the Site/Landscaping Plan (sheet 2). Please respond to let me know if this completes plan set to your satisfaction. I also spoke with Rod Anderson after our meeting, and he will be adjusting the screening slats to include the fence area from the NW property corner to the east, and then where the fence turns, south to a point at or beyond the back of the 20' landscape easement, as you requested. Thank you again for meeting today. Cameron Walter JL Walter Consulting 970.613.2037 1/16/2009 Michelle Martin From: Don Dunker Sent: Tuesday, December 23, 2008 7:52 AM To: Michelle Martin; Stephanie Arries; Lauren Light; Bethany Salzman; Katie Fendel (fendel@Ircwe.com); Trevor Jiricek Cc: Kim Ogle; David Bauer; Don Dunker Subject: K & C RV wash bay process water discharging into the storm water pond Hi all, If K & C RV is able to obtain a MINDI permit from the State of Colorado Weld County Public Works will accept the wash bay process water flowing through the on-site detention pond. The MINDI permit requirements shall be followed and the on-site detention pond shall have enough capacity to provide the design storm water protection for the site plus enough capacity for the process water flows at peak operation. The discharge from this detention pond flows into the Baugh Lateral Ditch; therefore the Ditch Company would have to agree to accept the process water flows. Let me know if you have any questions. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304 .6496 ext. 3749 fax: 970.304.6497 ddunker@co.weld.co.us 1 Michelle Martin From: Stephanie Arries Sent: Tuesday, December 23, 2008 9:14 AM To: Michelle Martin; Trevor Jiricek; Lauren Light; Don Dunker; Kim Ogle; Bethany Salzman Subject: FW: K &C RV wash bay process water discharging into the storm water pond More FYI Original Message From: Michael Carrigan [mailto:MCarrigan@hollandhart.com] Sent: Tuesday, December 23, 2008 9:12 AM To: Stephanie Arries Subject: RE: K & C RV wash bay process water discharging into the storm water pond Stephanie: Good. I will forward the application along when we receive it. I forgot to mention the other good comment that Mr. Camrud told our people. He said that as it appears that K&C was relying on the landscape discharge exemption, he did not see any penalties that would result from past operations. Thanks for all your help getting this on track. I hope you enjoy your time off next week. Michael Original Message From: Stephanie Arries [mailto:sarries@co.weld.co.us] Sent: Tuesday, December 23, 2008 9:10 AM To: Michael Carrigan Subject: RE: K & C RV wash bay process water discharging into the storm water pond Michael, Thanks for the reply - sounds as though things are moving along nicely. I would like to have a copy of the application for my file, so that I can share it with our various offices here. I also will be out of the office next week, so the primary contact on this end should be Michelle Martin. Stephanie Arries Assistant Weld County Attorney Original Message From: Michael Carrigan [mailto:MCarrigan@hollandhart.com] Sent: Tuesday, December 23, 2008 9:00 AM To: Stephanie Arries Cc: Paul Phillips Subject: RE: K & C RV wash bay process water discharging into the storm water pond Stephanie: Thank you for sharing this. Great news. 1 • The MINDI permit was submitted last week and the Katie said that her colleague walked Doug Camrud through the application and his response we very positive. The comment passed on to me was that they had gone "above and beyond" what he normally sees. I think they made a few minor corrections on Friday or Monday and submitted an amended report. I am supposed to receive a copy of that final application--please let me know if you'd like a copy for your file. don't think we'll know anything formal on it until after the first of the year. We already have a letter from the ditch company and the new engineers will be working to complete a survey of the drainage area so Don Dunker is satisfied with the capacity levels. I am around this week if you have any questions. Otherwise Paul Phillips will be the contact next week when I'm on vacation. His direct line is (303) 295-8131. Michael Michael J. Carrigan Holland & Hart LLP 555 17th Street, Suite 3200 Denver, CO 80202 Phone (303) 295-8314 Cell (303) 601-7667 Fax (303) 975-5489 E-mail: mcarrigan@hollandhart.com CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error; then please delete this e-mail. Thank you. Original Message From: Stephanie Arries [mailto:sarries@co.weld.co.us] Sent: Tuesday, December 23, 2008 8:06 AM To: Michael Carrigan Subject: FW: K & C RV wash bay process water discharging into the storm water pond Michael I thought you would want to see this as soon as possible, as it will significantly reduce your clients' obligations with regard to the re-routing of the water out of the pond. Have you heard anything about the application?? Stephanie Arries Assistant Weld County Attorney Original Message From: Don Dunker Sent: Tuesday, December 23, 2008 7:52 AM To: Michelle Martin; Stephanie Arries; Lauren Light; Bethany Salzman; Katie Fendel (fendel@lrcwe.com) ; Trevor Jiricek Cc: Kim Ogle; David Bauer; Don Dunker Subject: K & C RV wash bay process water discharging into the storm water pond 2 • S Hi all, If K & C RV is able to obtain a MINDI permit from the State of Colorado Weld County Public Works will accept the wash bay process water flowing through the on-site detention pond. The MINDI permit requirements shall be followed and the on-site detention pond shall have enough capacity to provide the design storm water protection for the site plus enough capacity for the process water flows at peak operation. The discharge from this detention pond flows into the Baugh Lateral Ditch; therefore the Ditch Company would have to agree to accept the process water flows. Let me know if you have any questions. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304.6496 ext. 3749 fax: 970.304.6497 ddunker@co.weld.co.us 3 Date: December 16, 2008 Subject: Wash bay Discharge K & CRVs 4048 Camelot Circle Mead, CO On December 12, 2008, Mary Cavnah with WCDPHE met at site with Rod Anderson, General Manager of K& C RVs and Cameron of JL Walter Consulting to investigate the vehicle wash bays (one indoor and one outdoor) discharge. Cameron and Rod informed that the wash bays discharge into the detention pond on the north end of the property, not into the septic system. They showed me the location of 2 settling tanks and a pump tank on the north side of the building that the wash bays drain to. They showed me the discharge pipe in the detention pond from the pump tank. The detention pond is located north of the building and drive. The septic system is directly south of the detention pond. Had Rod run water into the wash bay(indoor) drain and opened the pump tank and settling tanks while the water was running. There was sudsy water in the pump tank and water was draining into it from the settling tanks. The float on the pump was lifted to turn it on. Checked discharge pipe in detention pond; water was discharging from the pump tank into the detention pond. The water channeled its way to the north and east towards the discharge/outfall of the detention pond. Cameron informed that the outfall discharges to the north of the street(Camelot Circle) into a swale. The swale runs north from the street. The detention pond had vegetation (grass). Did not get pictures because it was getting dark; at site in evening. On December 16, 2008, Lauren Light and Mary Cavnah with WCDPHE, and Michelle Martin with Weld County Planning met at site with a representative of K & C RVs. Had K & C RVs run water into the indoor wash bay drain and opened pump tank. 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Permit No. SP-9900492 Thanks for forwarding the email below I never got a copy. In the phone call last week I informed the applicant that they would need to sign an affidavit stating where the wash bays were draining. I also told them they need to provide water bills for the past few years. Give me a call when you get the chance and I will fill you in on the details. Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp_improve_comments.cfm Original Message From: Lauren Light Sent: Tuesday, December 02, 2008 11:28 AM To: Michelle Martin Subject: FW: I.S.D.S. Permit No. SP-9900492 Did you receive this?? I am going to ask them for their water records to ensure they don't exceed the 2, 000 gallons per day did you already ask them that on your phone call last week? What came out of that phone call? Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) Original Message From: Glenn Newlon (mailto:glenn@gnengineering.com] Sent: Tuesday, November 25, 2008 7:25 PM To: Lauren Light Cc: Cameron Walter Subject: I.S.D.S. Permit No. SP-9900492 Dear Ms. Light, This is in regards to concerns/comments on Camping World's septic system located at RAD L2 BLK1 Rademacher Business Park PUD AMD PLA Weld County, Colorado. At the time of my Sept. 7, 2007 septic system evaluation, we understood the RV wash bays were not connected to the septic system. Apparently, this is not the case. It has come to light that there are two RV wash bays that drain into the septic system. This, is in addition to the 51 full time equivalent (FTE) employees that are presently using the system. It is apparent that the actual flows from the wash bays and use by the current employees does not exceed the capacity of the system. Reasons may include: 1) staffing is less than the maximum previously identified, 2) actual water use is less than the table values used 1 in the 2007 evaluation, and fixtures at the facility may bewater saving types. Here is our question. Since, there appears to be no problems with the system at present, what, if anything, is required of the owners at this time? We look forward to hearing from you and resolving any concerns on this matter. Please, do not hesitate to contact either Cameron Walter at 970-613-2037 or myself at 970-290-6345 should you have any questions or need additional information. Sincerely, Glenn Newlon, P.E. GN Engineering 2 • • Michelle Martin From: Michelle Martin Sent: Tuesday, November 25, 2008 10:23 AM To: Stephanie Arries; 'Cameron Walter' Cc: 'Michael Carrigan'; Brent Moody Subject: FW: amspr-290 Hi Everyone, I just spoke to Lauren Light with the Weld County Environmental Health Department and conditions I, K, and L have still not been addressed (see the email below) . In addition to the conditions stated above condition N has not been addressed. Let me know if you have any questions. Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp_improve_comments.cfm Original Message From: Lauren Light Sent: Tuesday, November 25, 2008 10:15 AM To: Michelle Martin Subject: amspr-290 Hi Michelle, It appears that the wash bays are discharging into the septic field. This would require the applicants to get a class V injection well permit from the EPA. I also do not have any information from an engineer that the system is sized for the additional flow from the wash bays. I do have a letter from JL Walter consulting dated September 4, 2007 that evaluates the system for the number of employees only. The applicant needs to address where the flow from the wash bay goes and get approval from the EPA if the flow goes into the septic field. I will also need a letter from an engineer who has evaluated the septic system to ensure the flow from the wash bays will not over load the septic system. At this time the conditions of approval required by Environmental Health Services have not been completely addressed. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 1 • Page 1 of 1 Michelle Martin From: Cameron Walter[cameron@jlwalter.net] Sent: Friday, November 14, 2008 3:32 PM To: Michael Carrigan; Brent Moody; Jenna Nelson; Michelle Martin Subject: AMSPR-290 update I've delivered the revised plans with the updated trees and screening to Michelle. I've spent the afternoon discussing the Septic System with Glenn, and he is currently composing an email to Lauren Light at Weld County Health. I also just got off of the phone w/ Doug Camrud at CDPH&E, again requesting an email stating that at less than 2,000 gallons per day in the septic system, a permit from them is not required. He has placed a call to Mary Cavenaugh at the Weld County Dept. of Health to discuss the situation with her. She has not returned his call yet. I'm emailing Mr. Camrud a copy of the comment in question for discussion. According to Mr. Camrud, this should be resolved Monday, as long as he hears back from her. I'll be out surveying Monday morning,but should be back in sometime after lunch, and will follow up with any further information. Cameron Walter JL Walter Consulting 970.613.2037 11/14/2008 • • Page 1 of 1 Michelle Martin From: Cameron Walter[cameron@jlwalter.net] Sent: Monday, November 10, 2008 6:04 PM To: Michael Carrigan; Brent Moody; Jenna Nelson; Michelle Martin Subject: AMSPR-290 update Sorry this is late. My afternoon meeting ran long. Here are the remaining items: F: Complete I&L: I put a call into the EPA today, and will call gain tomorrow. If necessary, I'll go to the field office on Wednesday, as that seemed to work for the CDPHE. Item K: I'm waiting on the email from Doug Camrud. I'll follow up with him on the phone tomorrow. RE the septic system evaluation: I've told my engineer I need something from him tomorrow afternoon at the latest, and that I want hime to contact Lauren Light on Wednesday at the latest. Plat changes: Brent/Jenna, have you decided if you're going with the trees or the vinyl slatting? As soon as you decide, I can deliver the plat to Michelle. Thanks. Cameron Walter JL Walter Consulting 970.613.2037 11/12/2008 • • Page 1 of 1 Michelle Martin From: David Snyder Sent: Friday, October 31, 2008 10:57 AM To: Michelle Martin Subject: AmSPR 290 Public Works reviewed the drainage calculations submitted in October and they appear acceptable. Public Works has no more issues with the improvements. David Snyder, E.I., CFM Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsnyder@co.weld.co.us 11/04/2008 • • Page 1 of 2 Michelle Martin From: Cameron Walter[cameron@jlwalter.net] Sent: Friday, October 31, 2008 12:17 PM To: Jenna Nelson; Brent Moody; Michael Carrigan; Michelle Martin Subject: AMSPR-290 Update Attachments: screening-options.pdf   Good afternoon all. Here's the update on the outstanding requirements of the County: Item F- Attached below you'll find that Public Works has signed off on the revised drainage calculations, and conveyed that to Michelle. Item complete. Items I&K - In speaking with Mr. Doug Camrud at the CDPH&E, he has conveyed to me that as the wash bays drain into the septic system, and as the septic system is less than 2000 gallons per day (existing system built for 900gpd), they have no requirement for us to acquire a permit. I've requested an email from him stating this to submit to Weld County. Our engineer, Glenn Newlon, originally did a septic system review for Item J, and I've asked him to revisit this, and to coordinate with Lauren Light at the Weld County Department of Health today or Monday. Item L - I have contacted the EPA, and hope to hear back either this afternoon or on Monday about an estimated approval date for the class V injection well permit. Item M - Lauren Light has confirmed with Michelle Martin that she had received the information, and approved it. Item complete. Item N - This will be the final step in the process prior to approval. Any approved items that have to to be installed or completed can be added to the improvements agreement. Plat changes - I've sent a pdf of the County's final screening requirements to Brent and Jenna, showing the options Michelle Martin stated would be acceptable. I've attached a copy of this for record. Once they have made a decision, I'll revise the drawings accordingly and submit them to Michelle for a final review. I've also sent this morning via FedEx a mylar copy of the cover sheet for Brent to sign and return to me. Please let me know if you have any further questions. I will continue to send out updates as any other information comes in. Cameron Walter JL Walter Consulting 970.613.2037 Original Message Subject:[SPAM]RE: AmSPR 290 Date:Fri, 31 Oct 2008 11:41:33 -0600 11/04/2008 • Page2of2 From:Michelle Martin<mmartin@co.weld.co.us> To:David Snyder<.dsnydcr(aco.weld.co.us> CC:Stephanie Arries <sarrics_kc o.weld.co.us::,., Cameron Walter<cameronkih alter.net> References: 888A9CB545F-'AUA48B07958F4I 3366F5D9A4643@WELDMAI L02.W ELD.CO.,US>   Thanks. From: David Snyder Sent: Friday, October 31, 2008 10:57 AM To: Michelle Martin Subject: AmSPR 290 Public Works reviewed the drainage calculations submitted in October and they appear acceptable. Public Works has no more issues with the improvements. David Snyder, E.I., CFM Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 dsnyder@co.weld.co.us 11/04/2008 u..-.ve m.a'jvimi. a=•tew d8003P100NI Allegel ma-ne mem l N18 Yl 101 - 0180M 0NIdNY0 nI hop 06Z—NdSIW w� nw AD um o .os .� Mild 3dYDS0NY1 0NY 3115 „es„. 8aryineuo�;: a'liBY It Iooz E a w U 3 u p„: a O00 S 20,q E A q mVo d w ao - 0 e �o IB.B-Nyd i C a G S tl t 6n0 d G " k M�„@ b'3 Si A 7N o3g�a 3 3 �m 3 a'.�tl' mg: Y 0 #emixiO2 3 rm e L'''` ,71"' ° i:, i 8 it Z- P,8 r �, i<�s 3xa1g Yog gl eg1$y giig $t88$ �� 4.B 3�dy 6 c51 M if zEnen rw'a f^ :�r�`�CO33 1� v B /m i / 0) ww / / m O % N / / ow _� m OO a Up �� 4 /% pp 3R j UJ e i //�'9s I ;I� t „bl; 11 1 I g ! Q g / O mir/ - r Iii .1 — Von A vg 55 ID / ,t\\\\\\ .i\ \\\\\\\\\s\ 7 p Q I i ? 1,\\y, \-\\ a !I 4 n \ Rus i E il a � € i i i@ a n Y .5 • • • • Page 1 of 1 • Michelle Martin From: Cameron Walter[cameron@jlwalter.net] Sent: Monday, October 27, 2008 9:33 AM To: Don Dunker Cc: David Snyder; Michelle Martin; Glenn Newlon; Jenna Nelson Subject: AMSPR-290 Drainage Calcs Attachments: AMSPR-290 Drainage Calcs Revised.pdf Mr. Dunker, Please see the attached pdf file containing the original drainage calculations submitted for AMSPR-290, as revised per your phone conversation with Glenn Newlon on the afternoon of Friday, October 24, 2008. If these calculations meet your requirements, please let myself and Michelle Martin in Planning know. If you need something further, please advise. Thank you. 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A r)i eJileled Picot, o { la deoX*414st tjtri 6(;(*le'65 Ht l* r .I 41% it r Ied ,74.....\. i goo ',k • • Page 1 of 3 • Michelle Martin From: Lauren Light Sent: Monday, October 27, 2008 9:55 AM To: Cameron Walter Cc: Michelle Martin; Jenna Nelson Subject: RE: (AMSPR-290) I already have the items you attached. What is not in the file is the requirements of conditions of approval 2i, 2k and 2L. These items deal with the discharge from the wash bays. Once those conditions are addressed our items will be satisfied. Please refer to your letter dated June 18, 2008. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Cameron Walter [mailto:cameron@jlwaiter.net] Sent: Monday, October 27, 2008 9:45 AM To: Lauren Light Cc: Michelle Martin; Jenna Nelson Subject: [Fwd: [Fwd: FW: Body Shop]] (AMSPR-290) Lauren- I'm following up on the AMSPR-290 submittal. I was of the understanding per our phone conversation that the attached documents forwarded to you on August 25th 2008 in the emails included below completed your requirements for the Waste Handling Plan (Item M of the County conditions). If they do, please inform Michelle Martin in Planning with a cc to me. If not, please let me know what else you require. Thanks. Cameron Walter JL Walter Consulting 970.613.2037 Original Message Subject:[Fwd: FW: Body Shop] Date:Mon, 25 Aug 2008 13:58:07 -0600 From:Cameron Walter<camerongjlwalter.net> To:llight(4co.weld.co_us Lauren, Here are the paint booth items, as .doc attachment. 10/27/2008 • • Page 2 of 3 Cameron Walter JL Walter Consulting 970.613.2037 Original Message Subject:FW: Body Shop Date:Thu, 15 May 2008 17:22:54 -0500 From:Brent Moody <_BMoody(u cammngworldry com> To:cameron@jlwalter.net Brent Moody FreedomRoads/Camping World Executive Vice President Business Development/General Counsel Two Marriott Drive Lincolnshire, IL 60069 847-229-6457 (Direct) 847-989-6292 (Cell) 847-557-1267 (Fax) From: Rodney Andersen Sent: Thursday, May 15, 2008 5:14 PM To: Brent Moody Subject: FW: Body Shop Brent, Here are the consumption numbers for the paint booth usage. Thanks, Rod Andersen Freedom Roads RVPA Phone (303) 776-1309 Fax (303) 449-8261 From: Sheryl Young Sent: Thursday, May 15, 2008 3:53 PM To: Robert Clark; Rodney Andersen Subject: Body Shop Sherry 'Young Assistant to the Director 7CcC RV Longmont, CO 720-406-2111 syo_tug@ k.ry com NOTE: The information in this email is confidential and may be legally privileged. If you are not the intended recipient, we request that you (i) not read, use or disseminate the information, (ii) advise the sender 10/27/2008 • • Page 3 of 3 immediately by reply email and (iii) delete this message and any attachments without retaining a copy. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by FreedomRoads, LLC or any of its affiliates for any loss or damage arising in any way from its use. Cameron Walter JL Walter Consulting 970.613.2037 10/27/2008 • • Page 1 of 2 Michelle Martin From: Lauren Light Sent: Monday, October 27, 2008 10:38 AM To: Michelle Martin; Stephanie Arries Subject: RE: Realty Income World yes Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Michelle Martin Sent: Monday, October 27, 2008 1.0:34 AM To: Lauren Light; Stephanie Arries Subject: RE: Realty Income World Lauren, One of the conditions I still have outstanding is the waste handling plan. Has the applicant completed this conn�ddi�ition? ,Y4 '' Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Lauren Light Sent: Monday, October 27, 2008 9:52 AM To: Stephanie Arries Cc: Michelle Martin Subject: RE: Realty Income World I pulled the file and there is still not any information regarding conditions of approval 2i, 2k and 2L. All those conditions deal with the vehicle washing area and permits required from various outside agencies. I have a copy of an email that was sent july 11, 2008 that outlined those three conditions are still outstanding. If Michelle has any of those permits or written documentation from the applicant regarding those conditions, please forward to me as I do not have any of that information. Thank you. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services 10/27/2008 • • Page 2 of 2 Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Stephanie Arries Sent: Monday, October 27, 2008 8:56 AM To: Lauren Light Subject: RE: Realty Income World Amended SPR 290 From: Lauren Light Sent: Monday, October 27, 2008 8:53 AM To: Stephanie Arries Cc: Michelle Martin Subject: RE: Realty Income World what is the spr number? Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Stephanie Arries Sent: Friday, October 24, 2008 3:12 PM To: Lauren Light Cc: Michelle Martin Subject: Realty Income World Lauren Did you ever get the information you needed for the approval of this SPR?? They are representing that they have given you everything-Where are we-Sounds like they are just contacting you this week. Please call Michelle. This case is going to Court soon and I think they are just catching up now. Stephanie 10/27/2008 • • Page 1 of 2 Michelle Martin From: Michelle Martin Sent: Tuesday, August 19, 2008 9:27 AM To: 'Cameron Walter' Cc: Jenna Nelson Subject: RE: AMSPR-290 Cameron, All parking spaces need to be screened from public rights of way and adjacent property owners. The only parking spaces that don't need to be screened at this time are along the west side per the note on the plat. The code states that the screening needs to be opaque. Regarding the second question public works need to sign off that all there concerns/requirements have been addressed. I forwarded you an email yesterday from public works indicating they need additional information on the drainage. In addition to the email from Don Dunker dated 7/10/08. Let me know if you have any other questions or if you would like to set up a time to meet. Michelle, Public Works needs calculations for the drainage including the Time of Concentration, capacity of the 18"pipe and what will flow overland when the pipe is full, capacity calculations for the inlets, and calculations showing the capacity of the pond is capable of handling the storm water runoff. If you have any questions, feel free to call or email. David Snyder, E.I. Engineer Weld County Public Works Department P. O. Box 758 Greeley, CO 80632 (970)304-6496, Extenstion 3745 Sa Saab Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Cameron Walter [mailto:cameron@jlwalter.net] Sent: Tuesday, August 19, 2008 8:43 AM To: Michelle Martin Cc: Jenna Nelson Subject: AMSPR-290 08/19/2008 • • Page 2 of 2 Good morning Michelle. I have a couple of questions for you. First of all, I've got the redline revisions made to the plans. You're asking about screening south of the septic system. As that park adjacent to the septic system is temporary parking, is screening really required? If so, as there is no fence in that location, what type of screening would you like to see there? Secondly, your list of remaining items included Item 2F. We provided a letter to Public Works along with the other letters in the last submittal. Could you please let me know what you're looking for beyond that? Thanks for your time. Cameron Walter JL Walter Consulting 970.613.2037 08/19/2008 • • Page l of 1 Michelle Martin From: Michelle Martin Sent: Wednesday, October 22, 2008 7:50 AM To: Stephanie Arries Subject: RE: Realty Income Stephanie, I sent an email to Jenna Nelson and Cameron Walter on September 5, 2008 indicating what items still needed to be addressed. They are as follows: Condition 2.F Condition 2.1 Condition 2.K Condition 2.L Condition 2.M Condition 2.N and the changes to the plat These conditions still remain outstanding. Let me know if you have any other questions. SbeLla �grLa�Ll�a Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720) 652-4211 From: Stephanie Arries Sent: Tuesday, October 21, 2008 11:12 AM To: Michelle Martin Subject: Realty Income Michelle Could you send me a status report on Realty Income I plan to forward whatever you send to the attorney Thanks Stephanie 10/22/2008 . • Page 1 of 2 Michelle Martin From: Michelle Martin Sent: Friday, September 05, 2008 9:25 AM To: 'Jenna Nelson` Cameron Walter; Don Dunker Cc: Glenn Newlon Subject: RE: AMSPR-290 Jenna, The following items still need to be addressed: 2.F (Public Works condition) 2.1 (Health condition) 2.K (Health condition) 2.L (Health condition) 2.M (Health condition) 2.N And the changes to the plat. Let me know if you have any questions. 2Lc�1re Planner II 4209 CR 24.5 Longmont. CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Jenna Nelson [mailto:jnelson@campingworldrv.com] Sent: Thursday, September 04, 2008 8:48 AM To: Cameron Walter; Michelle Martin; Don Dunker Cc: Glenn Newlon Subject: RE: AMSPR-290 Importance: High Hi Michelle, I understand that Cameron is on vacation this week and I was out last week. I just wanted to catch up and find out where we are with the status of the outstanding items. Can you let me know what is left to be completed? Thanks for your help, Jenna Nelson Director of Design & Construction FREEDOMROADS I CAMPING WORLD 2 Marriott Drive Lincolnshire, IL 60069 09/05/2008 • • Page 2 of 2 847.229.6479 0 847.789.9595 F 224.234.3751 M APlease consider the environment before printing this e-mail. Thank You. From: Cameron Walter[mailto:cameron@jlwalter.net] Sent: Wednesday,August 20,2008 10:39 AM To: Michelle Martin;ddunker@co.weld.co.us Cc:Jenna Nelson;Glenn Newlon Subject:AMSPR-290 Michelle, Attached is a pdf of the requested drainage calculations for the Camping World site. Please let me know if you have any questions. Thanks. Cameron Walter JL Walter Consulting 970.613.2037 NOTE: The information in this email is confidential and may be legally privileged. If you are not the intended recipient, we request that you (i) not read, use or disseminate the information, (ii) advise the sender immediately by reply email and (iii) delete this message and any attachments without retaining a copy. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by FreedomRoads, LLC or any of its affiliates for any loss or damage arising in any way from its use. 09/05/2008 �•'tr.fir -•7F: ff A ! ,,r' �� 3r'. ALA �, '}'�'.+t N. ti.r�...r' ...�a..� i ✓� �� f•��+�!' :��+`X<�: .-•SN .r " / �+11► .. r.. �'•Y•�:;�1/�` � r •. � "'�� J � '�� `"`• 'rI f'✓'ICY • e,�, AO* L r(.064,7•li / 4.0 egpary'r., - ', a=`"; ,�. ✓. " Ave I• " ' . revz �, ' =r X75 41361 / Je 7e) An,� -- � � ,07 r .,et) a le eie. /4,544,2 e pew epc„.." V'''fj; 18. 4‘,,e "67 c ' 0e-pdsi Abe f • l • /rc%,4-70;4-914 ,-ilb/4 /k fir' -r 5 ' - 5' . - 9e r6 74- .„-• .� 1'' i fix^ ''r+ °-"�'"M.fir, !° jf 2 - i ' pk 4145-.1:7----6- - 4/ / ,, . •4/.71. r 4 v ) Ile � '- ©til-e, 5f29& ?:71--te3P . C e7 0''vi c ` A",' „? i 42 di/ Type /3 i4t-c) s pro,S '34445 A/ /13 *I Y 3 'i3T'7 /3 - /4..� ' ,e a d) 03 vce /3 Ales .76-e,' • • Stage Storage Calculator Date: 8/6/2008 Pond name: ken/ Outlet Elev.. 4977.5 Elevation Area Volume ic,f. Combined Volume Jc.f.l 4678 13,396.70 3.348.17 3,349 17 4979 15.286.84 14,341.67 17,690.84 4980 17.457.17 16,371.91 34,062.75 4981 19,763.54 18.610.36 52,873.11 4982 21.801 39 20.782.477 73,455.57 r,:. 4983 23,940.16 22,870 78 96,326.35 Total volume: 96,326.35 C.F. 2.21 Ac. Ft. Michelle Martin From: Don Dunker Sent: Wednesday, August 20, 2008 7:35 AM To: Michelle Martin Cc: Don Dunker; David Snyder Subject: FW: AMSPR-290 Attachments: AMSPR-290 AMSPR-290 Michelle, I reinspected the AmSPR-290 (K&C Camper World) site August 19, 2008 and all the curb and gutter, inlet and flared end sections were repaired or replaced satisfactorily. Dave Snyder has the only open item left for this AmSPR-290 case as per his email sent last week. Thanks, Don Dunker, P.E. Weld County Public Works 1 • • Page 1 of 2 Michelle Martin From: Michelle Martin Sent; Monday, August 18, 2008 3:37 PM To: 'Cameron Walter'; 'jnelson@freedomroads.com' Subject: FW: AmSPR 290 Please see the email below from public works. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 From: David Snyder Sent: Monday, August 18, 2008 1:53 PM To: Michelle Martin Cc: Don Dunker; David Snyder Subject: AmSPR 290 Michelle, Public Works needs calculations for the drainage including the Time of Concentration, capacity of the 18" pipe and what will flow overland when the pipe is full, capacity calculations for the inlets, and calculations showing the capacity of the pond is capable of handling the storm water runoff. If you have any questions, feel free to call or email. David Snyder, E.I. 08/18/2008 EFILED Document—District Court DISTRICT COURT, WELD COUNTY, 2008Cv327 STATE OF COLORADO CO Weld County District Court 19th JD Filing Date:Aug 7 2008 12:38PN1 MDT Court Address: Filing ID:20977529 901 9th Avenue, First Floor P.O. Box 2038 Greeley, Colorado 80632 (970) 351-7300 Petitioner: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO v. ♦ COURT USE ONLY Case Number: 08-CV-327 Respondents: Div.: Ctrm.: REALTY INCOME CORPORATION, K&C RV CENTERS, LLC, d/b/a CAMPING WORLD RV SUPERCENTER, and CWI, d/b/a CAMPING WORLD, INC. Attorneys for Respondents: Name: Michael J. Carrigan Daniel R. Pabon Address: HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Telephone: (303) 295-8000 Facsimile: (303) 975-5489 E-mail: mcarrigan@hollandhart.com drpabon@hollandhart.com Atty. Reg. Nos: 24061 36646 RESPONDENTS' INITIAL DISCLOSURES PURSUANT TO COLO. R. CIV. P. 26(a)(1) Respondents, Realty Income Corporation, K&C RV Centers, LLC, d/b/a Camping World RV Supercenter, and CWI, d/b/a Camping World, Inc., by and through their attorneys, Holland & Hart LLP, submits their Initial Disclosures pursuant to Rule 26(a)(1) of the Colorado Rules of Civil Procedure. These Disclosures are based upon the information that is reasonably available to Respondents at this time. Accordingly, Respondents reserve the right to amend, supplement, or modify the information contained herein. I. INDIVIDUALS DISCLOSED PURSUANT TO COLO. R. CIV. P. 26(a)(1). Respondents reserve all rights to object to the competency, relevancy, materiality, and admissibility of any testimony or documents provided by the following witnesses. Additionally, Respondents reserve all rights to object to the disclosure of information protected by the attorney-client, work product, and other applicable privileges. 1. Cameron Walter, Engineer, JL Walter Consulting, 114 E. 5th Street, Loveland, CO 80537, 970-613-2037. Mr. Walter may have information regarding Respondents' application, their efforts to address concerns raised by the Petitioner and related matters. 2. Stan Smith, General Manager, CWI d/b/a Camping World, Inc. c/o Holland and Hart LLP, 555 17th Street, Suite 3200, Denver, CO 80202, 303-295-8000. Mr. Smith may have information regarding Respondents' application, their efforts to address concerns raised by the Petitioner and related matters. 3. Jenna Nelson, Manager of Design and Construction, Freedom Roads c/o Holland and Hart LLP, 555 17th Street, Suite 3200, Denver, CO 80202, 303-295-8000. Ms. Nelson may have information regarding Respondents' application, their efforts to address concerns raised by the Petitioner and related matters. 4. Michelle Martin, Planner II, Weld County Department of Planning Services, 4209 WCR 24 1'/z, Longmont, Colorado, 80504, 720-652-4210. Ms. Martin may have information regarding to the requirements of the Weld County Code II. DOCUMENTS RELEVANT TO DISPUTED FACTS. The following is a general description of the documents in Respondents possession that may be relevant to some or all disputed maters alleged. These documents are available for inspection and are being contemporaneously produced. 1. Correspondence between Mr. Brent Moody and Weld County, or related, governmental entities. III. COMPUTATION OF DAMAGES. Respondents have not asserted a counterclaim in this action. 2 IV. APPLICABLE INSURANCE AGREEMENTS. Respondents are not aware of any insurance agreements that are relevant to the dispute in this case. Dated this 7`h day of August, 2008. Respectfully submitted, In accordance with C.R.C.P. §1-26(9), a printed copy of this document with original signatures is being maintained by the filing party and will be made available for inspection by the other parties or the court upon request. By: s/ Daniel R. Pabon Michael Carrigan, #24061 Daniel R. Pabon, #36646 Holland & Hart LLP ATTORNEYS FOR RESPONDENTS 3 • CERTIFICATE OF SERVICE I certify that on August 7, 2008, I caused to be served a copy of the RESPONDENTS' INITIAL DISCLOSURES to the following: ❑ U.S. Mail, postage prepaid ❑ Hand Delivery ❑ Fax ® Electronic Service by LexisNexis File & Serve Stephanie L. Arries, Esq. Asst. Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, CO 80632 s/ Corinna Robert 3906945_I.DOC 4 • • . CAMPING WORLD ► :1 ' ANDFRREEDOMROADS EFILEt)Document --District Court 2008('x'327 (O kNeld Counts District Court 19th JD Filing Date: Aug 7 2008 12:381'!1 MDT Filing lD:'20977529 s . Mike Cook Little Thompson Water District 835 E Hwy 56 Berthoud,CO 80513 RE: AMSPR-290 Site Plan Review: Camping World Mr. Cook, Thank you for your review and approval of the above referenced project. Per your phone conversation with Cameron Walter of JL Walter Consulting on Tuesday,August 5', • 2008,it's been clarified that there are no water system improvements on the site,and that no fees or inspection will be required. Sincerely, nt o�dy • 2 Marriott Drive • Lincolnshire,Illinois 60069.3700 • 847.808.3000 • Fax 847.808.7015 KCRV 0001 • S • CAMPING WORLD • FREEDOMROADS J i 1 i Mr.Joe Gerdom Town Planning Consultant Town of Mead 535 Main Street P.O.Box 626 Mead,CO 80542 RE:AMSPR-290 Site Plan Review: Camping World Mr.Gerdom, • While we appreciate your comments from your referral dated August 13,2007 to the above referenced project,we have no interest in annexing to the Town of Mead at this time. S innerely, () Br nt Ma d y 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.8083000 s Fax 847808.7015 KCRV 0002 , 1 • • 1 r t CAMPING WORLD . =: eS,; FREEDOMROADS Michelle Martin Weld County Planning Department 4209 CR 24.5 Longmont CO 80504 RE: AMSPR-290 Site Plan Review: Camping World Ms. Martin, I understand that with this Amended Site Plan Review.no RVs parked on the property in question(Lot 14,Block 1)shall be used for display or sales. All RVs on-site shall be present either awaiting repair,modification, cleaning,detailing,or any other use allowed by this Amended Site Plan Review,or awaiting pick-up after repair,modification, cleaning,detailing, or any other use allowed by this Amended Site Plan Review. Please be aware that some of the RVs on-site may be for sale by IC&C RV,but have been brought to this site for cleaning,detailing,etc. This site will not be used as storage for additional inventory from the adjacent lot to the west. Sincerely, 1 nt lA0 y i 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.8083000 • Fax 847.808.7015 KCRV 0003 • • T . CAMPING WORLD ""°F°REEDOMR®ADS Kim Ogle,Planning Manager Weld County Planning 918 10th Street Greeley CO 80631 RE: AMSPR-290 Site Plan Review: Camping World Mr. Ogle, Thank you for your review of the above referenced project. Please find our responses to your comments below. Section 23-3-250.A.1 We are providing a letter with our submittal prepared by a Colorado Professional Engineer evaluating the stormwater management for the site. A copy of this letter will be forwarded to the Weld County Department of Public Works,Stonnwater Division for approval. Section 23-3-250.A.2 The plans show the current parking configuration. While the uses on site require a minimum of 68 parking spaces,the site currently provides 130 parking spaces. The site requires 3 ADA spaces, of which the site currently has two. A third ADA parking space will be added at the northwest corner of the building. Section 23-3-250.A.3 No response required. Section 23-3-250.A.4 No response required Section 23-3-250.A.5.A The existing covered area of the lot is 76%,which is below the 85%maximum. Section 23-3-250.A.6 The dumpster location has been clarified on the plans,and is within the area to be screened from public rights-of-way and adjacent lots. Section 23-3-250.A.7 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.808.3000 • Fax 847.8082015 KCRV 0004 �� ,, CAMPING WORLD Y REEDOMROADS The existing water supply has not been modified and as no remodel is proposed,meets the criteria of the Mountain View Fire Protection District and Little Thompson Water District. Section 23-3-250.A,8 A letter prepared by a Colorado Professional Engineer regarding the adequacy of the septic system has been submitted to the County for distribution and review. Section 23-3-250.A.9 Outdoor storage will be screened using vinyl slats in the existing chain link fencing around the property. We have discussed with Weld County Planning that screening between this lot and the adjacent lot to the west will not be.required at this time. The adjacent lot to the east already has similar vinyl fence screening in place. Installation is currently in progress,and photos will be provided if required at that time. Section 23-3-250,B No response required • Section 23-3-250.B.1 Operations shall meet the County noise standards Per Section 25-12-101 C.R.S. Section 23-3-250.B.2 Operations shall meet the County Department of Public Health and Environment standards for air quality. Section 23-3-250.B.3 Operations shall meet the County Department of Public Health and Environment standards for water quality. There is no well on-site. Water is supplied by the Little Thompson Water District. A letter prepared by a Colorado Professional Engineer regarding the adequacy of the septic system has been submitted to the County for distribution and review. Section 23-3-250.B.4 Not applicable at this time,but so noted. Section 23-3-250.B.5 Operations shall meet the County Department of Public Health and Environment standards for heat emissions. The Mountain View Fire Protection District has reviewed the project, and requires no inspection unless a remodel is done to the building. 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 KCRV 0005 . • • 4 : . CAMPING WORLD filies FREEDOMROADS Section 23-3-2503.6 No additional lighting is proposed with this Amended Site Plan. All exterior lighting is unchanged from the original site. If a letter from CDOT is still required to approve the existing lighting,please advise, Section 23-3-250.B.7 The property will be maintained in a manner that ensures grasses and weeds are not permitted to grow taller than twelve(12)inches in height. A landscape company has been hired to do regular maintenance on the site. An approved bid for work has been included in the submittal package. Section 23-4-50 The areas for loading have been indicated on the plans. Section 23-4-90 No response required. Certifications: The Property Owners Certificate has been updated. The date for the notary public has been amended to show 2008. The Project Notes have been updated. At the request of Michelle Martin,the improvements agreement shall be created after all other documents and plans have been accepted and approved by the County,at which time the improvements agreement will contain only those improvements remaining to be done. Sincerely, yno ii) 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 KCRV 0006 CAMPING WORLD - FFtEEDOMROADS ICen Poncelow Weld County Sheriffs Office 1950 O Street Greeley,CO 80631 RE: AMSPR-290 Site Plan Review: Camping World Mr.Poncelow, Thank you for your review and approval of the above referenced project While we do not require your assistance in developing a security plan at this time,we appreciate your offer. Sincerely, B .-- n ° y 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.808.3000 • Fax 847,8087015 KCRV 0007 CAMPING WORLD MDFREEDOMROADS David Snyder,Engineer Weld County Public Works 1111 H Street Greeley,CO 80632 RE: AMSPR-290 Site Plan Review: Camping World Mr. Snyder, Thank you.for your review of the above referenced project. Please find our responses to your requirements below. Access: No response required Storm Water Drainage: We are including with our submittal a.letter from a Colorado Professional Engineer which evaluates the storm water drainage on-site. Circulation and Parking: The dimensions of all parking stalls have been shown on the site plan drawing. Curb blocks will be provided in the necessary locations, as currently labeled on the site plan drawing. Existing curb blocks are also labeled. Three.ADA spaces are required for the site, At time of application,two were existing. A third has been added at the northwest corner of the building,with appropriate signing and striping. Sincerely, /ntl+ �I o R / 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 KCRV 0008 • • Page 1 of 2 Michelle Martin From: Michelle Martin Sent: Thursday, August 14, 2008 1:54 PM To: 'Cameron Walter' Cc: Bethany Salzman; Stephanie Arries Subject: RE: AMSPR-290 Hi Cameron, I have reviewed the plat and there are just some minor changes that still need to be made. A red lined copy is ready copy to be picked up in the south office. In addition to the changes on the plat the following still need to be addressed: 2.F 2.I 2.K 2.L 2.M 2.N 2.Q (I will drive out to the site next week to see if they have been removed) 2.P Has already been addressed you paid the investigation fee . /wa ,,fin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720) 652-4211 From: Cameron Walter [mailto:cameron@jlwalter.net] Sent: Monday, August 11, 2008 2:48 PM To: Michelle Martin Subject: AMSPR-290 Hi Michelle. Hope you had a good weekend. On Friday I mentioned an item about which I had a question. It's item 2P on the Administrative Review. When we had originally met, I'd noted that you'd asked for a detailed letter in response to the referral. From the referrals that I've received from you, I only have one letter from Zoning Compliance dated July 19, 2007 (titled as a memorandum to you) and I see nothing that required a response. Could you please clarify what you are looking for here? Thanks. Cameron Walter 08/14/2008 • • CAMPING WORLD gat a AND FREEDOMROADS Kim Ogle, Planning Manager Weld County Planning 918 10`h Street Greeley CO 80631 RE: AMSPR-290 Site Plan Review: Camping World Mr. Ogle, Thank you for your review of the above referenced project. Please find our responses to your comments below. Section 23-3-250.A.1 We are providing a letter with our submittal prepared by a Colorado Professional Engineer evaluating the stormwater management for the site. A copy of this letter will be forwarded to the Weld County Department of Public Works, Stormwater Division for approval. Section 23-3-250.A.2 The plans show the current parking configuration. While the uses on site require a minimum of 68 parking spaces, the site currently provides 130 parking spaces. The site requires 3 ADA spaces, of which the site currently has two. A third ADA parking space will be added at the northwest corner of the building. Section 23-3-250.A.3 No response required. Section 23-3-250.A.4 No response required Section 23-3-250.A.5.A The existing covered area of the lot is 76%,which is below the 85% maximum. Section 23-3-250.A.6 The dumpster location has been clarified on the plans, and is within the area to be screened from public rights-of-way and adjacent lots. Section 23-3-250.A.7 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 ►T�*a, CAMPING WORLD 1• FREEDOMROADS The existing water supply has not been modified and as no remodel is proposed,meets the criteria of the Mountain View Fire Protection District and Little Thompson Water District. Section 23-3-250.A.8 A letter prepared by a Colorado Professional Engineer regarding the adequacy of the septic system has been submitted to the County for distribution and review. Section 23-3-250.A.9 Outdoor storage will be screened using vinyl slats in the existing chain link fencing around the property. We have discussed with Weld County Planning that screening between this lot and the adjacent lot to the west will not be required at this time. The adjacent lot to the east already has similar vinyl fence screening in place. Installation is currently in progress, and photos will be provided if required at that time. Section 23-3-250.B No response required Section 23-3-250.B.1 Operations shall meet the County noise standards Per Section 25-12-101 C.R.S. Section 23-3-250.B.2 Operations shall meet the County Department of Public Health and Environment standards for air quality. Section 23-3-250.B.3 Operations shall meet the County Department of Public Health and Environment standards for water quality. There is no well on-site. Water is supplied by the Little Thompson Water District. A letter prepared by a Colorado Professional Engineer regarding the adequacy of the septic system has been submitted to the County for distribution and review. Section 23-3-250.B.4 Not applicable at this time, but so noted. Section 23-3-250.B.5 Operations shall meet the County Department of Public Health and Environment standards for heat emissions. The Mountain View Fire Protection District has reviewed the project, and requires no inspection unless a remodel is done to the building. 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 • • CAMPING WORLD 1• FREEDOMROADS Section 23-3-250.B.6 No additional lighting is proposed with this Amended Site Plan. All exterior lighting is unchanged from the original site. If a letter from CDOT is still required to approve the existing lighting, please advise. Section 23-3-250.B.7 The property will be maintained in a manner that ensures grasses and weeds are not permitted to grow taller than twelve(12) inches in height. A landscape company has been hired to do regular maintenance on the site. An approved bid for work has been included in the submittal package. Section 23-4-50 The areas for loading have been indicated on the plans. Section 23-4-90 No response required. Certifications: The Property Owners Certificate has been updated. The date for the notary public has been amended to show 2008. The Project Notes have been updated. At the request of Michelle Martin,the improvements agreement shall be created after all other documents and plans have been accepted and approved by the County, at which time the improvements agreement will contain only those improvements remaining to be done. Sincerely, , ..;1 n' / l \ Bt<'ent Mobil'� I • 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.8087015 K&C INC. BODY SHOP MATERIAL TYPE QUANTITY VOC (GALS.) (LBS.) TH704 HARDNER 2.75 8.53 87 ELIMINATOR .5 2.50 5102 TEC PRIME 6.0 21.00 15242 THINNER 110.0 858.0 5180 BASECOAT 17.0 96.9 8639 CLEAR COAR 31.0 99.2 7220 SELF ETC PRIME 4.45 31.2 TC741 CLEAR COAT 4.0 13.6 8880-8882 STABILIZER 33.0 165.0 5120 PRIMER 1.0 3.8 TBS8 SOLVENT 3.0 20.1 5123 ACTIVATOR .25 1.25 TC730 STABILIZER 8.0 25.6 8841 RETARDER .25 1.25 TS2-3-4 SOLVENT 26.0 163.8 6384 CLEANER 4.0 27.2 8876 HARDNER 19.0 45.9 6018 PAINT 2.0 10.0 8647 FLAT CLEARCOAT 1.0 3.5 TH122 HARDNER MEDIUM 2.0 5.6 8827 PRIMER .25 1.7 CS30 SOLVENT 2.0 5.6 5150-5155 HARDNER 1.25 4.0 8670 ACCEL HARDNER .37 .86 5112 ACCEL SOLVENT 3.0 18.9 TS272 TONER .25 1.22 TS273 TONER .25 1.22 TS275 TONER .25 1.23 9902 TONER .5 3.07 9908 TONER .25 1.425 9948 TONER 2.0 12.28 9842 TONER .25 1.10 9861 TONER .25 1.52 9879 TONER .25 1.41 9883 TONER .25 1.33 9889 TONER .25 1.56 9800 TONER 1.0 4.38 9847 TONER 1.0 6.19 3022 TONER .25 1.56 9853 TONER .25 1.52 9805 TONER .25 1.08 � • • • • 9891 TONER .25 1.25 9895 TONER .25 1.12 TS282 TONER 2.0 2.04 9860 PAINT 2.0 12.24 9859 TONER .25 1.07 9872 TONER .25 1.1 I . MET97 TONER .25 1.06 9845 MIX 5.0 17.5 9850 PAINT 5.0 30.75 9854 PAINT 1.0 4.48 9858 MIX .5 2.0. 9862 MIX .25 1.69 9910 TONER 8.0 12.26 9822 TONER .25 1.52 9846 MIX 2.0 2.33 9853 MIX .25 1.52 9888 MIX .25 1.28 9922 TONER 1.25 7.63 DMT16 DRY TONER 1.0 1.06 DMT17 DRY TONER 1.0 1.04 DMT30 DRY TONER 1.0 .62 9849 MIX 7.0 42.91 9865 MIX .25 I.10 9886 MIX .25 1.16 9909 TONER 1.0 4.13 9866 MIX .5 2.04 9867 MIX .5 2.22 9870 MIX .25 1.12 DMT31 DRY TONER 1.0 .62 DMT32 DRY TONER 1.0 .62 DMT33 DRY TONER 1.0 .63 9878 MIX .25 1.13 9911 TONER 1.0 4.21 TS215 TEC SYS TONER .25 1.07 TOTAL GALLONS USED 335.82 TOTAL POUNDS PRODUCED 1845.615 CAMPING WORLDdtk "IREEDOMROADS David Snyder, Engineer Weld County Public Works 1111 H Street Greeley, CO 80632 RE: AMSPR-290 Site Plan Review: Camping World Mr. Snyder, Thank you for your review of the above referenced project. Please find our responses to your requirements below. Access: No response required Storm Water Drainage: We are including with our submittal a letter from a Colorado Professional Engineer which evaluates the storm water drainage on-site. Circulation and Parking: The dimensions of all parking stalls have been shown on the site plan drawing. Curb blocks will be provided in the necessary locations, as currently labeled on the site plan drawing. Existing curb blocks are also labeled. Three ADA spaces are required for the site. At time of application,two were existing. A third has been added at the northwest corner of the building, with appropriate signing and striping. Sincerely, ,, lil ''l/r ' H iendAMdody 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 Michelle Martin, Planner II August 7, 2008 4209 CR 24.5 Longmont, CO 80504 I have evaluated the effects the drainage facility as it was constructed and exists today, to that planned in the Final Drainage Report and Plan for R.V. Service Center, Lot 14, Blockl, of the Amended Plat of Rademacher Business Park Final P.U.D. prepared January 12, 2000, by J. Tom Knostman, P.E., Ft. Collins, Colorado. The differences between the planned and constructed facility are 1) an additional 11501.f. of 18" storm pipe and 3 Type 13 catch basins were constructed beyond that shown in the final drainage report of 2000,and 2) a Type 13 catch basin was constructed where a Type C catch basin was planned in the Final Drainage Report of 2000. Conclusion It is my professional opinion that the constructed drainage facility with the additional 18"pipe and catch basins should serve to provide better operation of the drainage system than that originally planned. The storm pipe should greatly reduce any nuisance problems from smaller and more common runoff events, snow melt and ice formation on the parking lot. Evaluation I. The four Type 13 catch basins will have nearly double the inlet capacity than that of the single Type C catch basin originally planned. The capacity of the storm sewer is controlled by the pipe size (18") of the lower reach as originally planned. Flows in excess of this capacity will flow overland to the pond in the same manner as originally planned. Thus, no change from the original plan. 2. The additional 18 inch pipe installed beyond that in the approved plan of January 12, 2000, may shorten the time of concentration by up to 4.5 minutes. This increases the storage requirement of the detention pond by 500 cubic feet. The constructed pond has 3155 cubic feet more storage than that recommended in the approved plan. Therefore, no increase will result in offsite peak flows, nor will available storage be exceeded. I believe I addressed all of the concerns, but please do not hesitate to contact us at this office should you have questions, co ed additional information. QP EESS�Q Respectfully itt; O pVNFite ti• to ''� ��_�' / 17 +7 Glenn W.Newlon, P.E. Sly Senior Engineer =,*s aN,� Cc: Don Dunker, P.E., Wel�',.4i 13fb� `+orks, 1111 H Street, Greeley, Colorado 80631 Brent Moody, Freedom Roa '"` 4:-�� CAMPING WORLD a AND FREEDOM ROADS Michelle Martin Weld County Planning Department 4209 CR 24.5 Longmont CO 80504 RE: AMSPR-290 Site Plan Review: Camping World Ms. Martin, I understand that with this Amended Site Plan Review no RVs parked on the property in question(Lot 14, Block 1)shall be used for display or sales. All RVs on-site shall be present either awaiting repair, modification, cleaning, detailing, or any other use allowed by this Amended Site Plan Review, or awaiting pick-up after repair,modification, cleaning, detailing, or any other use allowed by this Amended Site Plan Review. Please be aware that some of the RVs on-site may be for sale by K&C RV, but have been brought to this site for cleaning, detailing, etc. This site will not be used as storage for additional inventory from the adjacent lot to the west. Sincerely, / ,I /l ,li it, /furl Br 'nt lvfoq'dy , i 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 • • A +� * ; CAMPING WORLD 1• FREEDOMROADS Mike Cook Little Thompson Water District 835 E Hwy 56 Berthoud, CO 80513 RE: AMSPR-290 Site Plan Review: Camping World Mr. Cook, Thank you for your review and approval of the above referenced project. Per your phone conversation with Cameron Walter of JL Walter Consulting on Tuesday, August 5`h 2008, it's been clarified that there are no water system improvements on the site, and that no fees or inspection will be required. Sincerely, ! I 71 All B—int h%opdy 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 CAMPING WORLD 1� FREEDOMROADS Ken Poncelow Weld County Sheriff's Office 1950 O Street Greeley, CO 80631 RE: AMSPR-290 Site Plan Review: Camping World Mr. Poncelow, Thank you for your review and approval of the above referenced project. While we do not require your assistance in developing a security plan at this time,we appreciate your offer. Sincerely, 1 F t .) Brent I Rtent Moday 2 Marriott Drive • Lincolnshire,Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 M • T CAMPING WORLD • 1e FREEDOMROADS Mr. Joe Gerdom Town Planning Consultant Town of Mead 535 Main Street P.O. Box 626 Mead, CO 80542 RE:AMSPR-290 Site Plan Review: Camping World Mr. Gcrdom, While we appreciate your comments from your referral dated August 13, 2007 to the above referenced project, we have no interest in annexing to the Town of Mead at this time. Sincerely, + ; 11 Brent'Moody 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 • • Page 1 of 1 Michelle Martin From: Lauren Light Sent: Friday, July 11, 2008 9:28 AM To: Michelle Martin Subject: amspr-290 I have reviewed the submitted materials and the following items have not been addressed: 21 2K 2L 2M -A list of paint booth chemicals and materials was not included in the packet. Lauren Light Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 07/11/2008 Michelle Martin From: Don Dunker Sent: Thursday, July 10, 2008 7:53 AM To: Michelle Martin Cc: David Snyder; Don Dunker; Matt Figgs Subject: AMSPR-290 Michelle, Matt Figgs and I inspected the site lot 14, block 1 within Rademacher Business Park the Camping World site. The following items were noticed; 1) The curb and gutter along the east and northeast side of the property were damaged and missing this needs to be repaired. 2) The NE type R inlet has a front edge chipped and the west side of the throat is also chipped these areas need to be grouted with a non-shrink grout with a minimum compressive strength of 4,000 psi a bonding agent primer should be used to ensure the grout will adhere to the existing concrete. A similar condition exists at the flared end section at the SW corner of the detention pond it needs to be grouted or replaced as rebar is exposed. 3) In Dave Snyder comments dated July 23, 2007 requested a letter with a discussion as to how the drainage system will function; this letter shall be signed and stamped by a Registered Engineer able to practice within the State of Colorado. We also observed a couple of extra inlets the inlet grates appear to be type 13 not type C as specified on the drawings, on the west side to of the building that need to be placed on the as-built drawings and included in the discussion letter. Let me know if you have any questions. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304.6496 ext. 3749 fax: 970.304.6497 ddunker@co.weld.co.us 1 T `. CAMPING WORLD FREEDOMR®ADS Property Maintenance Plan for Lot 14, Block 1 of the Amended Rademacher Business Park PUll Being part of the NW4 of Section 23,Township 3 North, Range 68 West of the 6th P.M., Weld County, CO Per Weld County Code Section 23-2-160.U.7, this property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of noxious weeds. The owner has contracted a landscape maintenance company, Mr. Greenthumb, to take care of all property. Please see attached estimate for typical maintenance schedule. C Brent Moody Freeylom Roads for Realty Income orporation 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 Ms. Martin- Please see the following responses to the County comments. We have responded to the best of our ability. All responses are in bold red lettering. This site p/an review is approved with the attached conditions: 1.The Site Plan Review Map shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. The applicant shall submit two paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copy the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' staff within 60 days of the approval and with payment of eleven ($11.00) dollars for the first sheet and ten ($10.00) per additional sheet. (Department of Planning Services) 2. 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 provide the Department of Planning Services with a property maintenance plan in accordance with Section 23-2-160.U.7 of the Weld County Code. (Department of Planning Services) Included. B.The applicant shall attempt to address the requirements (concerns) of the Town of Mead, as stated in the referral response received August 16, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Town of Mead) The applicant does not wish to annex to the Town of Mead at this time. C.The applicant shall attempt to address the requirements (concerns) of the Weld County Sheriffs Office, as stated in the referral response received August 27, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Sheriffs Office) The applicant thanks the Sheriffs Office for their offer. D.The applicant shall address the requirements (concerns) of the Little Thompson Water District, as stated in the referral response received July 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Little Thompson Water District) Responded. E.The applicant shall address the requirements (concerns) of the Weld County Department of Planning Services Landscape referral, as stated in the referral response received July 20, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Planning Services) Responded. F.The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Works letter dated July 23, 2007 have been met. (Department of Public Works) Items have been addressed. Realty Income Corporation AMSPR-290 Page 1 G.The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application, for the on-site paint booth, from the Air Pollution Control Division (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. Evidence of Colorado Department of Health and Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) All existing permits have been included. tr.The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of Environmental Health Services Division of the Weld County Department of Public Health & Environment approval of the plan shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Included. I.The applicant shall provide to the Environmental Health Services, Weld County Department of Public Health & Environment a detailed design and operation plan for the area used for equipment or vehicle washing. The washing area shall be designed and constructed to capture all effluent and prevent any discharges in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. Evidence of Environmental Health Services Division of the Weld County Department of Public Health & Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Included. J.The septic system serving the RV maintenance shop shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems 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 Environmental Health Services Division of the Weld County Department of Public Health & Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) Included K.The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) Application from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, for the wash bay floor drains to the detention pond, to satisfy requirements as delineated in 5 CCR-1002-61. Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. Evidence of Environmental Health Services Division of the Weld County Department of Public Health & Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) All existing permits have been included. L.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, Realty Income Corporation AMSPR-290 Page 2 the applicant can provide evidence from the EPA that they are not subject to the EPA Class V requirements. Evidence of Environmental Health Services Division of the Weld County Department of Public Health & Environment approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) N/A M.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 Environmental Health Services Division of the Weld County Department of Public Health & Environment approval of the plan shall be submitted in writing 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) Waste handling plan has been included. N.The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive and parking areas...) and non-transportation (plant materials, fencing, and screening...). The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) Included. O. The applicant shall pay the investigation fee of $500.00 to the Department of Planning Services. The additional investigation fee is added to the cost of the permit application when specific land, uses, buildings, manufactured homes, mobile homes, and structures that require a permit by the Weld County Code are located, moved, operated, or constructed prior to obtaining a permit. (Department of Planning Services) Included. P. The applicant shall address the requirements (concerns) of the Weld County Department of Planning Services Zoning Compliance referral, as stated in the referral response received July 19, 2007. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Weld County Department of Planning Services) Included. Q. The four cargo containers on the east side of the property shall be removed from the site. Evidence that they have been removed shall be submitted to the Department of Planning Services and if they are tagged and operational. (Department of Planning Services) Some have already been removed, the remaining two should be removed within the next two weeks, due to the storage container company's schedule. Realty Income Corporation AMSPR-290 Page 3 • R. The applicant shall submit written information to the Weld County Department of Planning Services indicating the use of all the RV's currently parked on the property. (Department of Planning Services) All on-site RV's are there for detailing or service. S . The plat shall be amended to delineate the following: 1. The location and dimensions of any proposed signs per Article IV Division 2 of the Weld County Code. (Department of Planning Services) N/A 2. The plat certificates shall adhere to 23-2-160.W.6 of the Weld County Code. (Department of Planning Services) Included. 3. All pages of the plat shall be labeled Amended Site Plan Review AMSPR-290. (Department of Planning Services) Included. 4. The approved Landscape / Screening Plan. (Department of Planning Services) Included. 5. The applicant shall use the existing access from Camelot Circle. (Department of Public Works) Already in use. 6. 1 Camelot Circle is a paved local road, which has 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it along with any additional future right-of-way required. (Department of Public Works) Right-of-way was dedicated with the Amended Plat of the Rademacher Business Park 7. The applicant shall provide at a minimum sixty eight (68) parking stalls for this facility of which three (3) must meet the requirements of the Americans with Disabilities Act. The dimensions of the parking stalls shall adhere to Section 23-4-30 and Appendix 23-A of the Weld County Code and shall be dimensioned on the plat. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right- of-way. Further, the ramps from the parking area shall identify a landing area for non-ambulatory users of this facility. (Department of Planning Services) The site has at present 139 parking spaces, two of which are ADA. A stall adjacent to the entrance, currently used for carts, which already has an aisle adjacent to it, will be converted to the third ADA parking space. 8. The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. (Department of Realty Income Corporation AMSPR-290 Page 4 Planning Services) There are curb stops only for the spaces against the building on the north side. 9. Should outside storage of vehicles, equipment or materials be utilized on this property, the materials shall be screened from public rights-of-way and all adjacent properties. (Department of Planning Services) Vinyl slats shall be installed along the chain link fence to provide screening per the plan. 10. The plat shall accurately delineate and dimension the parking spaces per the site. (Department of Planning Services) Included. 11. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) Included. 12. The applicant shall show the type of lighting and location that will be used on site in conformance with the Weld County Code. (Department of Planning Services) Included. 13. The plat shall adhere to Section 23-3-250.A.2 regarding screened off-street parking. (Department of Planning Services) See Item 9. 14. The property boundary shall be clearly defined on the plat. (Department of Planning Services) Included. 15. All structures including signs shall be located 25 feet from the existing or proposed right of way whichever is greater. (Department of Planning Services) The existing sign is approx. 32 feet from the ROW 16. All easements per reception number 2561541sha11 be delineated on the plat. (Department of Planning Services) Included. 17. The plat shall delineate the location of all vehicle gates along the west side of the property. (Department of Planning Services) Included. 18. The location of all the fire hydrants shall be delineated on the plat. (Department of Planning Services) Included. 19. The location of all service bays shall be shown on the plat. (Department of Planning Services) Included. 20. The applicant shall delineate the location of the loading areas on the southeast side of the building. (Department of Planning Services) Included. T. The following notes shall be placed on the plat: All notes have been included. 1. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, Realty Income Corporation AMSPR-290 Page 5 • • constructed, reconstructed, moved or structurally altered or operated in the Commercial/Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 2. In the event that a portion of the building or lot is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, Mountain View 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 and/or a Final Plat Resubdivision. (Department of Planning Services) 3. 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. (Department of Planning Services) 4. There will be no staging or parking of vehicles on Camelot Circle. On-site parking shall be utilized at all times. (Departments of Public Works and Planning) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, 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) 6. 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) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 9. Any vehicle washing area(s) shall capture all effluent and prevent discharges from washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. Realty Income Corporation AMSPR-290 Page 6 • • The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 13. 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. When the existing septic system fails and a municipal sewage treatment system becomes available the facility shall be required to utilize the municipal sewage treatment system. (Department of Public Health and Environment) 14. The facility shall utilize the existing public water supply. (Little Thompson Water District) (Department of Public Health and Environment) 15. All potentially hazardous chemicals must be stored and 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). (Department of Public Health and Environment) 16. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 17. The operation 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) 18. Landscaping materials as indicated in the approved Landscape/Screening Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 19. All structures, including signs, on site must obtain the appropriate building permits. (Departments of Planning Services and Building Inspection) 20. The site shall maintain compliance with the Weld County Planned Unit Development (PUD) standards at all times. (Department of Planning Services) 21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) Realty Income Corporation AMSPR-290 Page 7 • • 22. 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) 23. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 24. Lighting shall comply with the requirements and standards for off-street parking spaces per Section 23-4-30.E, Section 23-2-250.D and Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 25. The site can not be used as a display area, storage area, or the sale of recreation vehicles, campers, boats, and other similar vehicles. (Department of Planning Services) 3.Prior to the release of building permits: A. A building permit application must be completed, and two complete sets of engineered plans must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. (Building Department) B. A plan review must be approved and permit must be issued prior to the start of construction. (Building Department) C. The new office shall conform to the requirements of the 2006 International Building Codes, the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Building Department) D. 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). (Building Department) E. A Flood Hazard Development Plan is required for buildings located within a 100 year flood plain. (Building Department) F. 1Prior to the release of building permits, the applicant shall submit evidence of approval from the Mountain View Fire Protection District to the Weld County Building Department. (Building Department) G. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at Realty Income Corporation AMSPR-290 Page 8 • www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. (Department of Public Health and Environment) Site Plan Review conditionally approved by: Date: Michelle Martin Revised June 18, 2008 Realty Income Corporation AMSPR-290 Page 9 • Mr.Greonthumb Estimate 1885 Terry St.#1 Longmont,Co Date 80501 4/26/2008 Name(Address K&C RV 145041-25 Frontage Road Longmont,CO 80504 j • Project 1 l _ Item Description Qty Rate Amount Markup Total Laridcapc ril.. Landscape Maintenance schedule for the 0.0(1 0.00 12,777.72 12,777.72 2008 season -Landscape Maintenance- 1.1 Mow all turf areas collecting or recycling clippings 2.)Power trim all turf areas 3.)Power edge concrete to turf areas bi-weekly 4.)Litter control for all landscaped areas 5.)Blow off clippings from all hardscaped areas 6.)weed maintenance in nil lots& rockw-ork conducted tit-weekly or as needed 7.)"used unit"gravel lot to be kept cut monthly or as needed(optional weed kilt! sterilization: 3 applications per season) Spring maintenance 1.)aeration(turf grass only) 2.)Fertilizer/pre-emergent application (turf gnus&rock beds) 3.)Sprinkler system turn on and head adjustment 4.)Spring cleanup -Leaf and debris collection&disposal tram Total Phone# f Fax# E-mail 720.436-9379 303.702 0667 mr.greenthumb.co(o)rc tmail.eom Page 1 • • • If.'.`- Mr.Greenthumb Estimate 1885 Terry St.#1 Longmont,Co Date 80501 4126.2008 Name/Address K&C RV 14504 I-25 Frontage Road Longmont,CO 80504 Project I 1 _ Item Description QIy Rate Amount Markup Total all landscape areas&rock beds -Trim all bushes&trees under 10' 5.)Pm-emergent/weed control in all lots May-Sept.22 maintenance 1.)2 fertilizer applications 2.)Bi-weekly sprinkler system adjustment 3.)22-Landscape Maintenance-services 4.)glyophosate weed control as needed in lots Oct.-Nov.maintenance 1.)Sprinkler blowout and shut down 2.1 Fall cleanup -Leaf and debris removal -Trim all bushes and trees under l0' 3.)Winterized fertilization application 4.)bi-weekly-Landscape maintenance-as needed. Total 512.777.72 Phone# Fax# E-mail 720-036-9379 303-702-0667 mr.geenthumh.co@honnail.com Page 2 ,r• - ` r CAMPING WORLD • "Sir re AND F EEDOMROADS Waste Handling Plan for Lot 14, Block 1 of the Amended Rademacher Business Park PUD Being part of the NW4 of Section 23,Township 3 North, Range 68 West of the e P.M.,Weld County,CO Wastes generated on-site are as follows: - Typical office trash (paper, cardboard, etc.) - Tires - Motor Oil and Oil Filters - Some Fluid Hazardous Wastes from the Body Shop (see attached list for types and quantities used) Types of chemicals stored on-site are as follows: - Paint Booth chemicals and materials (see attached list for types and quantities used) - Solvents - Waxes - Soaps There are 80-90 gallons of chemicals stored at any one time. Paints are stored in a mixing bank. Opened containers of solvents are stored in a fire-proof cabinet. Unopened solvents are stored in the Parts Department. Waxes and soaps are stored in a storage room in the Service Department. Waste handlers and facilities are as follows: Safety Kleen—(responsible for hazardous wastes (fluids) ) PO Box 650509 Dallas, TX 800-669-5740 Local Phone 303-761-8614 Western Disposal Services -(normal trash) 5880 Butte Mill Rd PO Box 9100 Boulder, CO 80301 303-444-2037 Snowy River Ent. - (tires) 4450 Mulligan Dr. Longmont, CO 80504 970-535-0535 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 CAMPING WORLD a "RIEEDOMROADS Eco Cycle —(cardboard recyclers) 303-444-6634 PO Box 19006 5030 Pearl Boulder, CO 80308 Thermo Fluids Inc —(oil & oil filters) 4845 Forest St Denver, CO 80022 (303) 393-1118 Yolanda Reed (customer service) Stephen Miller (general manager) 4/B l Mood /% Fre dom Roads ' for Realty Income Corporation 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 CAMPING WORLD ..i.1. ""°FREEDOMROADS Dust Abatement Plan for Lot 14, Block 1 of the Amended Rademacher Business Park PUD Being part of the NW4 of Section 23,Township 3 North, Range 68 West of the 6"'P.M., Weld County,CO As no construction is proposed with this site, and as the property has already been paved and landscaped, dust abatement is not an issue. Brent Moodyl Freidom Roads / for Realty Income Corporation 2 Marriott Drive • Lincolnshire, Illinois 60069-3700 • 847.808.3000 • Fax 847.808.7015 • • STATE OF COLORADO Bill Owens,Governor Dennis F.Ellis.Executive Director Dedicated to protect ng and improving the health and environment of the people of Colorado L.7 4300 Cherry Greek Dr.S. Laboratory Services Division • Denver,Colorado 80246-1530 8100 Lowry Blvd. •r8e• Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Litre(303)691-7700 (303)692-3090 Colorado Dcpatlntent Located in Glendale.Colorado _ of Public Health http:Nwww.cdphestate.co.us , and Environment • November 15,2006 •i jet i'! I;1 Robert Clark K&C RV Centers,LLC By._— 14504 I-25 Frontage Rd. .. Longmont,CO 80504 RE:Notification of Hazardous Waste Activity EPA ID Number:COR000215046 Dear Robert Clark: The Hazardous Materials&Waste Management Division of the Colorado Department of Public Health and Environment,has received a Notification of Hazardous Waste Activity(EPA Form 8700-12)by your company for the following location: 145041.25 Frontage Rd Longmont,CO 80504 In accordance with state regulations,the EPA ID number listed above has been assigned to the following above referenced location:(Future correspondence should include this number.) Conditionally Exempt Small Quantity Generator Any change in location would require a new Notification of Hazardous Waste Activity(EPA Form 8700-12)be filed, as EPA ID numbers are location specific.Failure to have an EPA ID number for a new location or use of the wrong EPA ID number in shipping hazardous wastes may result in Enforcement Action under the Colorado Hazardous Waste Act(Sections 25-15-308 through 310,C.R.S.).In accordance with Part 99 of the Regulations,if any of the following change notify this office in writing at the above address:1)mailing address;2)name of facility;3)generator status or other notified activity;4)contact name or phone number;5)ownership,or 6)site is closed. Please be aware that the handling and management of hazardous waste,including the generation,transportation, treatment,storage and disposal of hazardous waste,is regulated under the Colorado Hazardous Waste Regulations (6 CCR 1007-3)Part 260 through 268;Part 2,99 and 100. If you have any questions,or need further information,please contact me at(303)692-3360. Sincerely, Shawna Morgan Hazardous Waste Notification Coordinator • • MIL FORM TO: COLORADO HAZARDOUS WASTE CDPHE HMt6Tta1 2 NOTIFICATION FORM 4300 Chan:Creek Dr S. CA.&Drawn Replaces EPA r--,em 8700-12.8700-13/I5.and Page I of 8700.23 j'Lbkc�m Demes.00 80216 t 53 ae 1.Reason for Submittal:(Mark'N'in the appropriate boxes) ❑X Initial notification and obtain an EPA ID Number for hazardous waste,universal waste,or used oil activities. [] Subsequent notification to update information(See.2.6 and 10 must be completed), ❑ Initial RCRA Hazardous Waste Part A Permit Application(Page 3-7 of 8700-23 must also be submitted). O Component ofa Revised RCRA Hazardous Waste Part A Permit Application(Amendment if ). ❑ Component of a biennial Hazardous Waste Report and a subsequent notification. • 2. Site EPA ID Number: .3. Site Legal Name/Operator:K8C RV CENTERS,LLC. 4. Site Location Information: County Name: WELD Street Address:145041 25 FRONTAGE ROAD City or Town:LONGMONT I State: CO I Zip Code: 80504 5. Site Land Type: ?9 Private C County C District O Federal C Indian O Municipal O State 7 Other 6. North American Industry Classification System A. 1210 B. C- (NAICS)Code(s)for the Site: 7. Site Mailing Address Same as Location Street Address: City or Town: State: Zip Code: 8. Site Contact Person I First Name:Robert MI:A Last Name:Clark Job Title:Director of Operations Phone Number 720-406-2111 I Extension:229 Address same as el Location CMailing Street Address: City or Town: I State: Zip Code: 9.Name of Site's Owner Craig Jensen Phone Number.801-511 4298 Address same as CLocation C Mailing C Contact Owners Street Address:780 North 900 West UT City or Town:Kaysville I State: I Zip Code:84037 Owner Type: ©Private C County 0 District C Federal D Indian C Municipal C State C Other 10. Type of Regulated Waste Activity(Mark'N'in the appropriate boxes for att eet):•ities tat Sections!OA,:es,and 10C). A.Hazardous Waste Activities For items 2 through 7,check all that apply: t. Generator of Hazardous Waste(choose only one) ❑a.LOG: Greater than 1,000 k/mo(2,200 lbs.)of non- O 3 Hazardous Waste Transfer Facility acute hazardous waste;or ❑ 4. Treater,Storer,or Disposer of Hazardous Waste ❑b.SQG: 190 to 1.000 kg/mo(220-2,200 lbs.)of non- Note:A hazardous waste permit is required for this activity. • acute hazardous waste;or ❑ 5. Recycler of Hazardous Waste ❑X c.CESQC: Less than 100 kg/mo of non-acute Note:A hazardous waste permit may be required for this hazardous waste activity- Indicate other activities(check all that apply) 6.Exempt Boiler and/or Industrial Furnace O d.Unitcd Stales Importer of Hazardous Waste ❑a.Small Quantity On-site Burner Exemption ❑b.Smelting,Melting,Refining Furnace Exemption ❑e.Mixed Waste(hazardous and radioactive)Generator O 2. Transporter of Hazardous Waste O 7. Underground Injection Control 14,see tmn • 11A7euDOUS WASTE SITE IDENTIFICATION FORM Pace 2 EPA ID No, B.Universal Waste Activities I. Large Quantity Handler of Universal Waste Indicate types of universal waste generated and/or consolidated at your site. (check all boxes that apply): Generate Consolidate(from other Universal Waste Handlers) a. Batteries ❑ ❑ b. Pesticides ❑ ❑ c. Mercury-containing Devices O ❑ d. Lamps ❑ ❑ c. Aerosol Cans ❑ ❑ f. Electronic Devices and/or Components O ❑ g. Other(specify in comments) ❑ ❑ El 2. Destination Facility for Universal Waste Note:A hazardous waste permit may be required for this activity. C.Used Oil Activities(check all boxes that apply): I. Used Oil Transporter ❑a.Transporter ❑b.Transfer Facility 2. Used Oil Processor and/or Re-refiner O a.Processor O b.Re-refiner ❑3. Off-Specification Used Oll Burner 4. Used Oil Fuel Marketer ❑a.Marketer Who Directs Shipment of Off-Spec.Used Oil to an Off-Spec.Used Oil Burner O b.Marketer Who First Claims the Used Oil Meets the Specifications 11.Description of Hazardous Wastes List waste codes of the hazardous wastes handled at your site. List in order presented in the regulations(e.g.,O001,D003,F007,U112). Use an additional page if needed. Ignitable(O001)UX Corrosive(D002)❑ Reactive(D003)❑ Toxic :] (List specific codes below) t>h t Fo03 ho3� Foos 0039 b04O 12.Comments 13. Certification. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person(s)who manage the system,or those persons directly responsible for gathering the information,the information is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. Signature of owner,operator,or an Name and Official Title(type or print) Date Signed authorized representative `' ml- �_ae Director of fixed Operations /l_/D Rc.ssed maw • • STATE OF COLORADO Bill Owens,Governor • Douglaei <B.nevento,Executive Director r '> Dedicated to protecting and Improving the health and environment of the people of Colorado w • 4300 Cherry Creek Dr.S. Laboratory Services Division it • Denver,Colorado 80246-1530 8100 Lowry Blvd. *1876* Phone(303)692-2000 Denver,Colorado 80230-6928 ColOradD D�ptt 'MD Line(303)691-7700 ..... (303)692-3090-- . Located In Glendale,Ooloraau dof amlEuviron[alth hupJ/www.cdphe.state.co.us - August 10, 2004 ACTION: APEN EXEMPTED PERMIT EXEMPTED Mr. Bob Clark K&C RV, Inc. 145041-25 Frontage Road Longmont, CO 80504 Re: Permit Application No. 04WE0999 for auto body shop. Dear Mr. Clark: The Air Pollution Control Division (the Division) has reviewed your emission permit application for the following source Automotive paint booth located at 4048 Camelot Circle,Weld County. The Division has determined that the uncontrolled actual emissions of criteria pollutants(Volatile Organic Compounds,VOCs)from the;above source are less than two(2)tons per year and this source does not emit reportable quantities of non-criteria reportable pollutants (NCRP). The above emission point is therefore exempt from the filing of Air Pollutant Emission Notice(s), (APENs), and is also exempt from permit requirements(Reference: Regulation No. 3, Part A,Section II.D.1.a.,and Part B,Section II.D.1.a). This exemption from APEN reporting and permit requirements is issued in reliance upon the accuracy and completeness of the information supplied by the applicant and is conditioned upon construction,installation, and operation in accordance with this information and with representations made by the applicant or applicant's agents. Specifically,this exemption has been granted provided that the following information is accurate and complete: Emissions of criteria pollutants from the above source will not exceed two(2)tons per year and there are no reportable emissions of NCRPs.Actual emissions,as calculated in the Division's Preliminary Analysis, are 0.9 tons per year of volatile organic compounds and 560 pounds per year of total NCRP. This is based on a total materials consumption rate of 336 gallons per year. Annual records of the actual materials consumption rate shall be maintained and be made available to the Division for inspection upon request. The Division has determined that at a materials consumption rate of 745 gallons per year(assuming the same proportion of VOCs in paint products),uncontrolled emissions of volatile organic compounds from this facility would equal two (2)tons per year. At this level an APEN would be required. Airs ID: 123/5054/001 Page 1 of 2 • `KtC RV, Inc. Application Na: 04WE0999 AP EN EXEMPT Colorado Department of Public Health and Environment Air Pollution Control Division It should be noted that although exempted emission points may not need air emission permits, they still are required to meet allapphcable:sthridards'and regulations of the Air Quality Control Commission, including the odor requirements of Regulation No. 2. (State only enforceable) Any changes with respect to the original submittal which would result in increases in either emissionsor ambient air impacts, or which would result in the emission of any pollutants not listed in the original submittal,automatically nullifies this exemption. Before actually making any such change, you must apply to the Division for a new exemption basedon the anticipated change. If the new exemption is denied by the Division,you will have to obtain a permit before implementing the change. Sincerely, P Q y% titSk-- Paula Menten Permit Engineer - Stationary Sources Program Air Pollution Control Division cc: Mr. John,Canny 3560 Evergreen Parkway, Suite 204 Evergreen, CO 80439 Weld County Health Department Airs ID: 123/5054/001 Page 2 of 2 i • J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 September 4, 2007 Ms. Jenna Nelson and Mr. Kelly Yancey Camping World 850 Three Springs Road Bowling Green, KY 42104 USA RE: Septic System Evaluation for RAD L2 BLK1 RADEMACHER BUSINESS PARK PUD AMD PLA WELD COUNTY, COLORADO Dear Ms. Nelson and Mr. Yancey, This letter is to inform you of the results of my evaluation of the existing septic system, Permit No.: SP-9900492, relative to the number of employees it may serve. This evaluation is based on Weld County Department of Public Health and Environment records, my site visit on August 31, 2007, and current Individual Sewage Disposal System Regulations for Weld County, Colorado. The septic system is a combination evapotranspiration and absorption type disposal system. The lift station serves to adequately dose the beds to allow for increased flows over standard design criteria. The maximum number of full time equivalent employees per eight hour shift this system should serve is 57. We did not make a determination whether the fixtures qualify as water saving devices. If they were, this might further increase the number of employees by 4 of 5. Please do not hesitate to contact this office should you have any questions or need additional information. Sincerely, QPCpESSio YNE 9 N ` �z -ill to 2 r z, N j 17007 J m 4 cc, STATE Ch Glenn W. Newlon, P.E. Colorado License No. 17007 Cc: Cameron Walter Page 1 of 2 • Michelle Martin From: Stephanie Arries Sent: Monday, March 24, 2008 10:57 AM To: Steve Burchett Cc: Michelle Martin Subject: RE: WELD COUNTY, COLORADO ZONING CODE VIOLATIONS OF REALTY INCOME CORPORATION Steve, I have spoken with Michelle Martin, the Planner involved in this matter. She told me that since July, she has not heard from anyone in your organization regarding this matter. The application was submitted to her office on July 11, 2007, by J.L. Walter Consulting. She sent her comments to Cameron Walters, at J.L. Walters, at his specific request, on September 13, 2007. No one responded to her. In addition, no one responded to the individual departments (e.g., Public Works)which also sent out their comments. On December 10, when we corresponded, the same comments were forwarded to you and we agreed to allow an additional 60 days to respond. Not one call or email was directed to Ms. Martin - or to me - during that entire period. On Friday, Mr. Moody said he would get in touch with his engineer. Weld County is unwilling to wait any longer. As soon as possible this week, the County will initiate another action, requesting an injunction. This time, the action will not be dismissed until the plat has been recorded. As no action has been taken since last July, after the earlier action was filed, it is apparent that there does not appear to be any incentive for Realty World to comply with the code requirements of Weld County, unless there is a legal action in place. Stephanie Arries Assistant Weld County Attorney From: Steve Burchett [mailto:sburchett@realtyincome.com] Sent: Friday, March 21, 2008 9:28 AM To: Stephanie Arries Cc: Michelle Martin; Bethany Salzman; Brent Moody; Gail Ferrell Subject: RE: WELD COUNTY, COLORADO ZONING CODE VIOLATIONS OF REALTY INCOME CORPORATION Stephanie, I am disappointed to hear that this remains an issue. I will copy Brent Moody (FreedomRoads/Camping World) who has given me assurances that this matter will be taken care of. Can you explain to me exactly what has to happen in order for this matter to be corrected? Yes, I will accept service of process but request that before filing the action we allow Brent the opportunity to respond. Your anticipated cooperation is appreciated. Steve Burchett Original Message From: Stephanie Arries [mailto:sarries@co.weld.co.us] Sent: Friday, March 21, 2008 7:23 AM To: Steve Burchett Cc: Michelle Martin; Bethany Salzman Subject: FW: WELD COUNTY, COLORADO ZONING CODE VIOLATIONS OF REALTY INCOME CORPORATION 03/24/2008 Page 2 of 2 ! S Mr. Burchett, Weld County has waited for some action on this case, and has received absolutely no word from anyone since last July. Therefore, the County is going to file another suit requesting an injunction. Will you accept service on behalf of Realty Income Corp.? I look forward to hearing from you. Stephanie From: Stephanie Arries Sent: Tuesday, December 11, 2007 12:25 PM To: 'Steve Burchett' Subject: RE: WELD COUNTY, COLORADO ZONING CODE VIOLATIONS OF REALTY INCOME CORPORATION Thank you for your prompt reply. I hope this can be resolved Stephanie Arries From: Steve Burchett [mailto:sburchett@realtyincome.com] Sent: Tuesday, December 11, 2007 10:51 AM To: Stephanie Arries Subject: RE: WELD COUNTY, COLORADO ZONING CODE VIOLATIONS OF REALTY INCOME CORPORATION I agree with you Stephanie. I was led to believe this has all been handled. At my request the General Counsel for Camping World is looking into this and will provide me with an explanation. If it is not to your satisfaction I will be with you in getting the Tenant to comply. Steve Original Message From: Stephanie Arries [mailto:sarries@co.weld.co.us] Sent: Monday, December 10, 2007 3:28 PM To: Steve Burchett Subject: WELD COUNTY, COLORADO ZONING CODE VIOLATIONS OF REALTY INCOME CORPORATION Mr. Burchett: You may recall that in July of this year, this office dismissed a zoning violations action against your client, Realty Income Corporation. This dismissal was based upon my understanding that your client would complete the application for an Amended Site Plan Review. On September 14, 2007, Michelle Martin of our Planning Department mailed to your client a list of Conditions of Approval. Among those Conditions was the requirement that the Plat be recorded within 60 days - by November 14, 2007. That has not been done. In addition, your clients have failed to address the issues raised in items 1-3 of the attached Amended Site Plan Review- Administrative Review. Essentially, they have done nothing! If that plat has not been recorded, and if items 1-3 set forth in the Amended Site Plan Review have not been satisfied by February 8, 2008, I will have to re-file the case. Please let me know how your client intends to proceed. Stephanie L. Arries Assistant Weld County Attorney 03/24/2008 • DEPARTMENT OF PLANNING SERVICES Compliance Division SOUTHWEST OFFICE 4209 4 LONGMONT, COC 80504 04 Web address: WWW.CO.WELD.CO.US E-mail Address: bsalzmanaco.weld.co.us PHONE: (720) 652-4210, Ext. 8730 Ci FAX: (720) 652-4211 COLORADO December 5, 2007 REALTY INCOME CORP CIO BRENT MOODY 650 THREE SPRINGS RD BOWLING GREEN, KY 42102 Subject: VI-0600535, Lot 14, Block 1 of the Amended Rademacher Business Park PUD,Weld County, Colorado Dear Mr. Moody: My records indicate the existing Zoning Violation (VI-0600535)was placed on hold pending the completion of Amended Site Plan Review(AmSPR-290). In addition to the completion of the Conditions of Approval(which Michelle Martin mailed out on September 14, 2007), one of the required Conditions grants an applicant 60 (sixty)days to record a final plat. 60 (sixty)days from September 14, 2007 would have been approximately November 14, 2007 (as explained in a previous letter dated October 3, 2007). Since this violation was presented to the Board of County Commissioners on May 8, 2007 at which time the Board referred this case to the County Attorney's Office for immediate legal action, please be advised our office has notified the County Attorney's Office to proceed accordingly in District Court. 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, th Be y Salzm n��✓ Zoning Compliance Officer II pc: VI-0600535 AmSPR-290 Department of Planning Services County Attorney's Office SERVICE,TEAMWORK,INTEGRITY,QUALITY S DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE ' GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us C PHONE (970) 353-6100, EXT. 3540 FAX (970)304-6498 COLORADO October 3, 2007 Realty Income Corp do Brent Moody 650 Three Springs Rd Bowling Green KY 42102 Re: Conditions of Approval: AMSPR-290 Dear Applicant: On September 13, 2007, your application for a site plan review was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty(60)days to submit a Mylar Plat. Should you choose not to complete the site plan review process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could affect future land development applications located on this parcel. Withdrawing applications will not generally affect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision. Planning Services Staff can be contacted at the above address or phone number. Sincerely, The Department of Planning Services • • 47C a DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 C. COLORADO July 16, 2007 Realty Income Corp 220 West Crest St Escondido CA 92025 Subject: AMSPR-415 -Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center located in the C3/11 on a parcel of land described as NW4 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Mead Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Mead at 970-535-4477, for further details regarding the date, time, and place of the meeting. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, doyi C .rt-tesio / AAA Roger Caruso Planner DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720)652-4211 C. COLORADO July 16, 2007 Brent Moody 650 Three Springs Rd Bowling Green KY 42102 Subject: AMSPR-290-Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center located in the C3/11 on a parcel of land described as NW4 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Mead Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Mead at 970-535-4477, for further details regarding the date, time, and place of the meeting. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, Michelle Martin Planner • • Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Wednesday, July 25, 2007 1:14 PM To: 'Cameron Walter' Subject: RE: AMSPR-290 HI Cameron, I would be happy too. Have a great day. ga Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Cameron Walter [mailto:cameron@jlwalter.net] Sent: Wednesday, July 25, 2007 11:21 AM To: Michelle Martin Subject: AMSPR-290 Good Morning Michelle! I just wanted to follow up on the Camping World submittal, and make sure that everything's going ok so far. I also would like to request that, once comments are compiled, you would please email them to me at this address, so I can proceed with any revisions as quickly as possible. Thanks! Cameron Walter JL Walter Consulting 970.613.2037 07/25/2007 Michelle Martin From: Charlotte Davis Sent: Tuesday, August 21, 2007 12:34 PM To: Michelle Martin Subject: AMSPR-290 Realy Income RV Maintenance-service center.rtf.doc Attachments: AMSPR-290 Realy Income RV Maintenance-service center.rtf.doc AMSPR-290 Realy Income RV Mai... ichelle, I have been speaking to the Water Quality Control Division regarding the wash bay draining into the detention ponds. They should get back to me ASAP with permitting requirements (if any) . I think I have it covered but if they suggest anything different I will send an admendment. Thanks for your patience. Char 1 . 3 • • SITE PLAN REVIEW (SPR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 2 0 7 - 2 3 - 2 - 0 2 - 0 1 4 (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 See attached , Section 23, Township 3 North, Range 68 West Lot/Block: 14/1 Zone District: C-311-1 Total Acreage: 8.566 , Overlay District: FEE OWNER(S) OF THE PROPERTY: Name: Realty Income Corp. Work Phone#(760)317-2981 Home Phone# Email Address: Address: 220 West Crest St. City/State/Zip Code Escondido, CA 92025 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: Brent Moody Work Phone#270-901-4853 Home Phone#Not Applicable Email Address: bmoody(d)freedomroads.com Address: 650 Three Springs Rd. City/State/Zip Code Bowling Green KY 42102 PROPOSED USE: 5,000 sq. ft. Retail sales in addition to existing approved use of R.V. Maintenance/Service Center 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 showing the si.•. •ry has to I al - thority to sign for the corporation. IIM/09 S'_. : ur r or t.•rized Agent Date Signature: Owner or Authorized Agent Date -4- • . • LEGAL DESCRIPTION LOT 14, BLOCK 1, OF THE AMENDED PLAT OF RADEMACHER BUSINESS PARK FINAL P.U.D. BEING A REPLAT OF RADEMACHER BUSINESS PARK P.U.D., LOCATED IN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. . 0 EMERGENCY CONTACT INFORMATION PLEASE TYPE OR PRINT Business Name: Camping World/K&C RV Service Center Phone: (970) 535-9696 Address: 4050 Camelot Circle, Longmont, CO Business Owner: Realty Income Corp. Phone: (760) 317-2981 Home Address: 220 West Crest St. City: Escondido, CA 92025 List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Stan E. Smith General Manager 10435 Butte Dr. Longmont (303)241-7845 (cell) Jean Hogness Book Keep 710 Sage PI. Longmont (303) 667-3125 Bob Clark Director—Fixed Operation (720)261-0658 Business Hours: 8 a.m.—7 p.m. Days: 7 days/week Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of alarm company: Sonitrol 8 Campus Cir. Suite 150 Westlake,TX 76262 Location of Safe: Under Stairwell MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 40 Location(s): 2 Walk-in on North Side, 7 Walk-in on West Side, 8 Overhead on West Side,4 Walk-in and 5 Overhead on South Side,6 Walk-in and 8 Overhead on East Side Is alcohol stored in building? No Location(s): Are drugs stored in building? No Location(s): Are weapons stored in building? No Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Northeast Side Gas shut off: Northeast Side Exterior water shutoff: 15'South of Curb.Northeast Corner of Lot Interior water shutoff: Front Office in Wall, Northwest Corner of Building -5- Page 1 of 2 • • Michelle Martin From: Stephanie Arries Sent: Wednesday,July 11, 2007 4:48 PM To: Jacqueline Hatch; Michelle Martin Cc: Bruce Barker; Bethany Salzman Subject: FW: Weld County vs. Realty Income Corporation Case#07-CV-398 (Our file#1742) Attachments: Realty Income Corporation Information Business_com.htm Jacqueline and Michelle, I reviewed the email from Stephen Burchett and had Bruce do the same, and we feel that this confirms Mr. Pfeiffer's authority to act on behalf of the corporation. I also went online to check out Realty Income Corporation and found the attached summary listing Mr. Pfeiffer as an officer of the corporation. Hope this helps. Stephanie From: Steve Burchett [mailto:sburchett@realtyincome.com] Sent: Wednesday, July 11, 2007 3:22 PM To: Stephanie Arries Cc: Gail Ferrell; Mike Pfeiffer; Brent Moody Subject: Weld County vs. Realty Income Corporation Case #07-CV-398 (Our file #1742) Stephanie, As we discussed, below is my contact information. We were served with this lawsuit today and need to resolve this quickly or we will be forced to hire local counsel to represent our interests. The application to allow the commercial use has been filed with the County. The County has rejected the signature of Mike Pfeiffer as not being authorized. Mike Pfeiffer is the Executive Vice President, General Counsel & Secretary of Realty Income Corporation and we have provided the necessary Certificates of Secretary and other evidence to the County. The County claims that the Board of Directors must sign this Application which is not correct. The Board of Directors authorized the officers listed in our Certificate (including Mike Pfeiffer). As soon as you confirm this fact I believe this should resolve the matter. We then respectfully request that this lawsuit be dismissed. Please contact me with any questions. Thanks, Steve Stephen D. Burchett, Esq. Associate Vice President - Senior Legal Counsel REALTY INCOME CORPORATION 220 W. Crest Street Escondido, CA 92025-1707 Email: sburchett@realtyincome.com Fax: (760) 741-8674 07/13/2007 Realty Income Corporation Information Business.com . Page 1 of 4 Business.com E Search ',I Advertising Center ix Home» Directory» Real Estate& Construction» Finance & Investments » Real Estate Investment Trusts (REITs) » Retail » Realty Income Corporation»Profile - Realty Income x Checkmark j Corporation - 0- Profile p How-To Guide from Website: Address: WORK.COM httpJ/www.realttincome.com/ 220 West Crest Street Escondido, Phone: +1 760 741-2111 CALIFORNIA 92025 Company Description x Guide to Starting a Real Estate — I Business Realty Income Corporation. The Group's principal activity is to How to launch the right type of operate an equity real estate investment trust. The Group is a real estate biz at the right time fully integrated, self-administered real estate company with in- By Marcia Layton Turner house acquisition, leasing, legal, retail and real estate research, portfolio management and capital markets expertise, with the Considering starting your own real primary objective of generating dependable monthly dividends. estate agency? If you're fascinated with Portfolio management focuses on contractual rent increases on houses, enjoy meeting people, and existing leases and selective sales of properties. Acquisition of know your local area well, you're well- additional properties follows a strategy of primarily acquiring positioned to get started. You have a freestanding, single-tenant, retail properties, properties leased tochoice to make up front, however, regional and national retails chains and properties under long- regarding your business' structure. Will term, net-lease agreements. At December 31, 2002, the Group you: owned 1,197 retail properties located in 48 states, with an occupancy rate of 97.7%. These properties are leased to 79 1. Start an independent office different retail chains, which operate in 25 separate retail 2. Buy a franchise industries. 3. Partner or merge with an established operation Key People William E. Whether you're already working as a Chairman Clark Jr. real estate agent or not, make sure Gary NI. you've tackled these steps before you President & Chief Operating Officer Malino make that decision. Thomas A. Vice Chairman & Chief Executive Lewis Executive Vice President, Chief Financial Paul M. Meurer Action Steps Officer & Treasurer Executive Vice President, Secretary & Michael R. The best contacts and resources to help General Counsel Pfeiffer you get it done file://C:\Documents and Settings\mmartin\Local Settings\Temporary Internet Files\OLK5... 07/13/2007 Realty Income Corporation Information Business.com • Page 2 of 4 Listings . Earn your real estate license Hoover's: Realty Income Corporation Company Research Find information on Realty Income Corporation with To run a real estate company, you either operations and products, financials, officers, competitors and need to be a broker or hire one to more at Hoover's.(paid) manage the real estate transactions. But Corporate Info I Free Leads I Mailing Lists I Buy A Report Now if you're starting solo, you'll need to www.hoovers.com have your own license. Realty Income Owner&manager of retail properties. I recommend: Study online for your www.realtyincome.com licensing exam or sign up for an online Breaking News course that guarantees you'll pass on your first try, no matter which state AtriCure receives FDA approval for clamp you're in. AP via Business Week - Jul. 9, 2007, 4:47 PM H, Research the pros and cons of AtriCure, Inc.'s Isolator Bipolar Ablation Clamp System Receives FDA Clearance For Cardiac Use real estate company ownership Reuters - Jul. 9, 2007, 2:59 PM While the appeal of owning your own AtriCure Receives FDA Approval for Clamp agency is the potential to earn more Forbes.com - Jul. 9, 2007, 2:24 PM money, there are downsides, too, such as liability, higher costs and increased AtriCure Receives FDA Approval for Clamp administrative activities. AP via Forbes.com - Jul. 9, 2007, 2:20 PM recommend: Learn more about the AtriCure says FDA OKs device to remove cardiac tissue business startup process, get advice on Reuters - Jul. 9, 2007, 1:45 PM running a successful agency, and participate in discussions like Agents More Realty Income Corporation News Online or Point2Agent to learn more about running your own show. x' i,Consider if a franchise is the way Overview I Profile I News I Quote & Financials to go Although it requires a cash outlay to become a franchisee, becoming part of an established real estate brand could be a smart idea if you have no real estate reputation of your own. I recommend: Carefully compare the various real estate franchises, such as RE/MAX, Century 21, Coldwell Banker, ERA, LampPost and Help-U- Sell before signing on the dotted line and writing a check. Develop your business plan file://C:\Documents and Settings\mmartin\Local Settings\Temporary Internet Files\OLK5... 07/13/2007 Realty Income Corporation Information Business.com • Page 3 of 4 • Whether you need financing or not to set out your own shingle, preparing a business plan to map out how you'll start and run your company will significantly increase your odds of success. I recommend: Familiarize yourself with a business plan outline and take a look at what the experts have to say. Real estate guru Mike Ferry offers a complimentary business plan as a guide to developing your own. x Study your local market Learn more about real estate conditions in your area, gain an understanding of what's selling and what's not, and for how much. That kind of knowledge will make you a sought-after resource to clients and colleagues. I recommend: Carefully read your local real estate listings and MLS listings and stay current with blogs on real estate market conditions such as Ziprealty. 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Privacy I Terms Of Use I Help About Us I Work.com I Other business products and services to help grow and manage your business • Business Ethics • Commercial Real Estate Listings • Employee Background Checks • Job Listings • Mergers and Acquisitions (M&A) • Tags • Team Building • Video Conferencing I • Virtual Assistants file://C:\Documents and Settings\mmartin\Local Settings\Temporary Internet Files\OLK5... 07/13/2007 • • Permit Number COG-601000 Facility Number COG-601018 Page 1 a Colorado Discharge Permit System Regulations CERTIFICATION under GENERAL PERMIT FOR MINIMIAL DISCHARGE(SIC No: 4941) Category 26, General Permits, Current fee$630/year(CRS 25-8-502) This certification specifically authorizes the K&C RV Center to discharge as described below and in accordance with the General Permit for Minimal Discharge. All correspondence relative to this facility should reference the specific facility number,COG-601018. Permittee Contact K&C RV Center Rod Anderson, Regional Vice President 4048 Camelot Circle Phone: 877-632-5278 Longmont,CO 80504 Local Contact: Bob Clark,Director of Operations Phone: 720-406-2130 Project Name,Activity and Location K&C RV Center-the activity includes the power washing of recreational vehicles.The vehicle wash water is collected via floor drains in the wash bay area and filtered in a sand filter system and then sent to a series of 200 gallon sedimentation tanks where it is intermittently pumped into a stonmwater detention pond.The stormwater detention pond is not lined and some of the vehicle wash water will infiltrate into the ground but the wash water does have the potential to flow into an unnamed drainage ditch that ultimately flows into Baugh Lateral Ditch.The facility is located at 4048 Camelot Circle in Longmont,(Weld County)Colorado 80504 and the discharge is located at Latitude: 40°12'49.14"N and Longitude: 104°58'37.33"W. Discharge Points 1 Discharge Description Estimated Flow Rate Point Vehicle wash water is discharged into a stormwater detention 001 A pond and will infiltrate into the ground or have the potential to Variable/Unknown reach an unnamed drainage ditch that flows into Baugh Lateral Ditch*. *A//discharges must comply with the lawful requirements offederal agencies.municipalities, counties.drainage districts and other local agencies regarding any discharges to storm drains systems, conveyances, or other water courses under their jurisdiction Effluent Limitations The discharge is to an unlined stormwater detention pond with some infiltration to groundwater and some of the discharge having the potential to reach Baugh Lateral Ditch, unclassified water. The applicable standards in Regulation 62, Regulations for Effluent Limitations, as well as the applicable standards in Regulation 41, Basic Standards for Groundwater will be applied-to the discharge. The limitations applied in this permit are the more stringent of those for groundwater and surface water and are therefore protective of both uses. ISSUED&EFFECTIVE: JANUARY 9,2009 EXPIRATION:JULY 31,2006 ADMINISTRATIVELY EXTENDED • • • Permit Number COG-601000 Facility Number COG-601018 Page lb Outfall(s)001A: Permit Limitations and Monitoring Requirements Discharge Limitations Monitoring le T e Effluent Parameter S P YP 30-Day 7-Day Daily Frequency Average Average Max. Applicable to all Discharges----------------------------------- Instantaneous or Flow,MGD Report NA Report Monthly Continuous' Total Suspended Solids,mg/I 30 45 NA Monthly Grab Oil and Grease,mg/I NA NA 10* Monthly Visual * pH,s.u.(Minimum-Maximum) NA NA 6.5-8.5 Monthly In-situ Total Dissolved Solids,mg/1 NA NA 400 Monthly Grab Benzene,µg/L NA NA 5.0 Monthly Grab Ethylbenzene,µg/L NA NA 700 Monthly Grab Toluene,µg/L NA NA 560 Monthly Grab Xylenes(Total),µg/L NA NA 1400 Monthly Grab Flow can be measured with a recorder or determined from estimates based on measurements of pump capacity or flow over timed intervals whichever' represents existing conditions. *There shall be no visible sheen. If a visual sheen is detected a grab sample must be taken. Other Conditions Antidegradation Antidegradation review does not apply to the discharge because the discharge is to ground or to an unclassified stream. Groundwater Contamination If groundwater contamination is encountered, then the permittee is to contact the Division,cease all discharges,and if appropriate,contact the owner of the collection system receiving the discharge.Since the discharge of contaminated groundwater is not covered under this permit,the permittee shall immediately apply for a groundwater remediation certification,which will include appropriate requirements for additional discharge monitoring and on-site environmental response capabilities. Sampling Sampling shall occur at the middle of the detention pond area after treatment in the sedimentation tanks,prior to entering the unnamed ditch and prior to infiltration to groundwater. Samples must be representative of what is entering the receiving stream and what is entering groundwater. Monitoring and Reporting Discharge Monitoring Reports(DMR)must be submitted quarterly as long as the certification is in effect.The permittee shall provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division.This will be supplied to the Division within 48 hours of the receipt of the data by the permittee. This certification to discharge is effective long term. For termination of permit coverage,the permittee must initiate this by sending a letter to the Division requesting the permit certification be terminated. Best Management Practices The permittee shall implement and maintain the Best Management Practices(BMP)for the prevention of erosion and the control of solid and liquid pollutants due to the discharge. BMPs include various options,such as:modification of the pipe discharge structure to disperse flows;containment of water by berms or other comparable structures;the use of geocloth,filter fabric,or plastic sheeting for protection of containment structures;rip-rap;and/or any other approved methods. The General Permit for Minimal Discharge is attached and the permittee should review this permit for familiarity with all of the permit requirements. If the permittee has questions related to this certification that cannot be answered by a review of the permit,the permit writer should be contacted Permit Writer Maura McGovern DEC-19-2008 FRI 10:47 AN. ENVIRONMENTAL HEALTH FAX NO. .04 6411 P. 02 • David Shupe, Consultant J.L. Walter Consulting 114 E. 3rd Street, Loveland, CO 80537 April 18, 2000 Mr. Butch Homer Weld County Health Department 1555 N. 17th Avenue Greeley, CO 80631 Re: K & C R-V Maintenance Facility, Permit No SP-9900492 Dear Mr. Homer In response to the letter from Ms. Sheble McConnellogue of February 16, 2000, we are submitting the attached revision to the referenced permit. As you will note, we have rerouted the wash bay flows through the septic field, rather than into the Detention Pond as previously proposed. The necessary revisions to tank and field sizes are included in the calculations and are shown on the attached revised drawing. This seems to us to be a more practical solution than a separate lagoon, as suggested by Ms. ., as a possible alternative. We trust that this revision can be speedily reviewed, so that construction can proceed apace. Please advise if you have any questions. Please call me at (970) 667.1950. Very truly yocwer"""ytt, /. 4. S T F R�; G,en - David Sh peGs Chi ant,t4, : . tgf., C R r_cc-±,--- , ""°CAMPING WORLD 14504I-25 Frontage Road Phone 720-406-2111 Longmont,CO 80504 Fax: 720-406-2128 December 19,2008 Mr.Nick Sekich,President Baugh Lateral Ditch Company 4309 State Highway 66 Longmont,CO 80504 Dear Mr.Sekich: K&C RV Center,LLC is requesting permission from your ditch company to discharge treated water from its vehicle washing facilities to the Baugh Lateral Ditch, via the unnamed ditch on the north side of Camelot Circle across from the K & C property, which flows in a northerly direction and ultimately discharges to the Baugh Lateral Ditch. We estimate that the average daily flow would be approximately 1080 gallons;maximum daily flows would be no more Than 1920 gallons. It is anticipated that most,if not all,of this water would infiltrate into the ground well before it ever reaches the Baugh Lateral Ditch. Thank you for your assistance with this matter. We would appreciate your prompt approval, signified by signing this letter where indicated below. If you have any questions,please contact me. Thank you very much for your assistance and cooperation. Sincerely, Rod Andersen K&C RC Center,LLC �/ Approved: 4 .4... ,P,�a,.�Y.r ick Sekich President Baugh Lateral Ditch Company J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 April 20, 2007 Michelle Martin Weld County Planning Southwest Weld County Planning Offices 4209 WCR 24.5 Longmont, CO 80504 RE: AMSPR-290 Ms. Martin, Thank you for accepting the current submittal of AMSPR-290, for Camping World and the K&C RV Service Center, located on Lot 14, Block 1 of the Amended Plat of Rademacher Business Park Final P.U.D. Please find enclosed and listed below the documents and criteria required by Section 23-2-160 of the Weld County Code for approval. The following is a list of responses to Section 23-2-160 of the Weld County Code: A. A site plan review application form provided by the Department of Planning Services. -Attached B. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. -Attached C. A party wall agreement and legal description for duplex or triplex USES where units are held in separate ownership. -Not Applicable D. A condo declaration and legal description for the condo, if applicable. -Not Applicable E. A detailed description of the proposed USE. -The site has two separate proposed uses: retail(Camping World) and RV service and maintenance (K&C RV Service Center). 5,000 square feet of the floor space is dedicated to the retail use and the remaining 35,909 square feet()floor space dedicated to the service and maintenance use. Both companies are affiliated with common ownership. The retail use is primarily after-market RV parts and accessories, including but not limited to seat covers, air conditioner parts, camping supplies, cookware, chairs, cleaning supplies, etc. The sell propane tanks, but not propane. The service and maintenance area does exactly what it implies, service and maintenance on RVs, campers, and trailers. F. Evidence that the USE in the zone district shall have an adequate source of potable water and meet the requirements of the zone district. -Water is supplied to the site by Little Thompson Water District. The site is serviced off of a 12-inch main in Camelot Circle. A 6-inch fire line also serves the building. G. Evidence that the USE in the zone district shall have adequate sewage disposal facilities and meet the requirements of the zone district. If there is an existing septic system located on the site, the applicant shall include in the application a copy of the septic permit. This information can be obtained from the Department of Public Health and Environment. -Attached permit # SP-9900492 H. A completed County Road Access Information Sheet provided by the Department of Planning Services. -Attached I. The number of employees associated with the USE. -7he retail use has 7 employees, and the Service Center, while working in conjunction with the K&C RV Sales and service on the adjacent lot, typically has approximately 50 employees working directly on-site, making a total of 57 on-site employees. J. A statement indicating that the proposed USE meets the required SETBACK and OFFSET requirements of the zone district. -Both the Commercial and Industrial Zones require a 25 foot setback from any lot line. The existing building's nearest point to any lot line is 125 feet. K. A generalized sketch of BUILDING elevations depicting the style, size and exterior construction materials of the BUILDINGS proposed in sufficient detail to exhibit the relative compatibility of the proposed site with the character of the surrounding land USES. -Not Applicable: Existing building. L. A plan describing any proposed signage, drawn to an appropriate scale, which shall include specifications of the proposed sign and sign structure along with the method of construction and attachment to the BUILDING or ground. The position and distance of the sign in relation to property lines and BUILDINGS and STRUCTURES on the property shall be shown on the Site Plan Review map. The applicant shall apply for and receive a building permit for all proposed signs. -Not Applicable: Existing sign. M. Statements describing that the LANDSCAPE requirements listed below have been met: I. The lot shall adhere to the Maximum Lot Coverage requirements of the zone district in which it is located in, as shown in the Bulk Requirements in this Chapter, or Chapter 26 or 27, • • if applicable. Land shall not be deemed covered Wit is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED. -The 15% landscaping required for the 8.5 acre lot is 55,539 square feet. The existing site has approximately 88,000 square feet of landscape area, at 23.75% 2. That portion of a LOT in the zone district which abuts a public or private street right-of- way shall have a minimum fifteen-foot wide LANDSCAPE SETBACK, unless the LOT is governed by a more restrictive LANDSCAPE SETBACK contained in an overlay district, Chapter 26 of this Code or any other applicable County ordinance. The LANDSCAPE SETBACK is measured at a right angle from the existing or planned future right-of-way to any PARKING LOT, fencing, storage area or STRUCTURE. Sidewalks and driveways may pass through the required LANDSCAPE SETBACK. -The existing site is in compliance. 3. Landscaping techniques shall be utilized in design of PARKING LOTS to aid in buffering PARKING LOTS from roadways. -The existing site is in compliance. 4. The applicant shall submit to the Department of Planning Services a detailed LANDSCAPE plan delineating the existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other LANDSCAPE elements. The plan shall show where LANDSCAPE exists or will be located, along with planting and construction details, species name and size. Where existing plantings are to be retained, the applicant shall include in the plan proposed methods of protecting the plantings during construction. -All landscaping is existing. See Sheet 2 of 5 of the included AMSPR-290 plan set. 5. The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPE on the site. -The site is maintained by on-site staff, taking care of mowing, weeding, and other general maintenance of the landscaping. N. A statement accompanied by evidence explaining how the stormwater runoff will be handled. If physical changes to the site are proposed (grading, paving, increased roof areas, etc.), then evidence, maps and calculations explaining how stormwater retention facilities are designed to retain the stormwater runoff in excess of the historic flow from the undeveloped site shall be designed for a one-hundred-year storm and release retained water at a rate not to exceed a five-year storm falling on the undeveloped site. -Both an existing stormwater detention pond and drainage system were previously approved and are still in place. No physical changes have been made to the site or the building that would affect the existing system in any way. O. A statement explaining that the proposed USE, BUILDING or STRUCTURE meets the'Off- Street Parking Requirements listed in Article IV, Division I of this Chapter or a more restrictive ordinance. Sufficient SCREENED, off-street, paved parking areas shall be provided in all districts. • • • • -Retail use requires one space for ever 200 square feet, therefore 25 spaces will be required for this site. Manufacture/Assembly use requires two spaces for every three employees, but no less that two spaces for every 1,000 square feet of floor area. For this site, 50 employees requires 34 spaces, while 35,909 square feet of floor space requires 72 spaces. Taking the higher of the two, and adding in the retail requirements, the site will require 97 parking spaces. While the site has 109 spaces available, it should be noted that a large number of the Service Center employees park on the neighboring lot to the west, also part of the K&C RV Service Center. The excess parking on this site is used for interim storage of RV waiting to be serviced P. A statement explaining that the loading/service areas in all districts shall be located, designed and constructed in a manner that is in conformance with the standards below: 1. Sufficient space shall be provided in loading/service areas to accommodate the vehicles being loaded or unloaded without encroachment upon neighboring property or rights-of-way. Loading/service areas shall be paved. -Loading areas for the site are located along the east site of the building, and are located south the existing fence. The loading areas do not encroach on neighboring properties, rights-of-way, or the traffic circulation around the building. The loading area is paved 2. Loading areas located within the 1-1 (Industrial)Zone District and I-2 (Industrial)Zone District shall be designed to comply with the appropriate use regulations under either Section 23-3-310 or 23-3-320 of this Chapter. -Loading areas for the site are located along the east site of the building, and are located south the existing fence. Screening is provided from the street by the existing landscaping and existing fence. Screening is provided from the property to the east by a chain-link fence with privacy slats in it. Q. A statement explaining that the LOT shall have safe access to an approved public or private STREET. The design designation of a STREET or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. -The site will continue to use the existing approved access to Camelot Circle. R. A statement explaining that new accesses to public rights-of-way shall be constructed using the minimum standards below. Designs exceeding these minimums may be required by the Department of Public Works, depending upon the number and type of vehicles generated by the USE proposed. -Not Applicable (1-7 below): No new access proposed 1. Size of drainage structure— fifteen (15) inches minimum in diameter. 2. Length of drainage structure—twenty (20) feet minimum. 3. Depth of cover over pipe—twelve(12) inches. 4. Width of access—ten (10) to fifteen (15) feet for a one-way single access, twenty-four-foot minimum for two-way traffic. 5. Maximum grade of access—fifteen percent(15%). 6. Flare radius—twenty-foot minimum in a residential zone district, forty-foot minimum in commercial and industrial zone districts. 7. Depth of surfacing—per engineered design and subject to approval by the Department of Public Works. S. A statement explaining how acceleration/deceleration lanes, when required by the Department of Public Works or the Colorado Department of Transportation, will provide safe, efficient access to ARTERIAL or COLLECTOR STREETS. -Not Applicable: No access to Arterial or Collector streets. T. A statement explaining that the trash collection areas or facilities are located, designed and USED in a manner that shall meet the requirements of the zone district. -The site has both a trash dumpster and a cardboard recycling dumpster. Both are located on the east side of the building, next to the scales. They are in an area that facilitates the circulation around the building. Trash is picked up twice a week by Western Disposal. Cardboard recycling is picked up one to two times a month by EcoCycle. The trash dumpster is approximately seven feet tall to prevent trash from blowing out and animals from getting in. The entire dumpster is replaced at pick-up. The cardboard recycling dumpster is of standard size and has a lid to prevent wind-and animal-scattered trash. Western Disposal EcoCycle P.O. Box 9100 P.O. Box 19006 Boulder, CO 80301 Boulder, CO 80308 (303)444-2037 (303)444-6634 U. A statement explaining that the USE is compatible with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development of the area as projected by the Comprehensive Plan or Master Plan of affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: 1. Noise. USES and STRUCTURES in the COMMERCIAL and Industrial Zone Districts shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101, C.R.S. 2. Air Quality. USES in the COMMERCIAL and Industrial Zone Districts shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. 3. Water Quality. USES in the COMMERCIAL and Industrial Zone Districts shall be located, designed and operated in accordance with the standards established by the Colorado Water Quality Control Commission. 4. Radiation and Radioactive Materials. The handling, USE, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government. 5. Heat. USES located within the COMMERCIAL and Industrial Zone Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five degrees (5°) Fahrenheit. 6. Glare. Any lighting USED to illuminate an OFF-STREET PARKING AREA, outside storage area, outside activity area, sign or other structure shall be arranged to deflect light away from any adjoining residential zone and from County roads. Any lighting, including light from high-temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS; and no colored lights may be used which may be confused with or construed as traffic control devices. 7. Property Maintenance. All property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of NOXIOUS WEEDS. 8. Any off-site and on-site improvements agreement shall be made in conformance with the COUNTY policy on collateral for improvements. -The site and property owner is and shall be compliant with the above items (U 1-8) V. SITE PLAN REVIEW MAP. The site plan map shall show and comply with the following requirements: 1. The size of the map shall be twenty-four (24) inches by thirty-six (36) inches. -Included 2. The scale shall be one (1) inch equals two hundred (200) feet or another suitable scale if approved by the Department of Planning Services. -The drawing scale is typically I"—.50 3. Legal description of the parcel. -Included. 4. North arrow. -Included 5. Outline of the perimeter of the LOT. -Included. 6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent roads and other major land features(1" = 2000'). -Included 7. The location and name of any water features or irrigation ditches within the perimeter of the LOT. -Included. 8. The location and names of all roads and highways abutting the LOT. -Included. 9. The location and name of any water features or irrigation ditches within the perimeter of the LOT. -Included. 10. All existing and proposed STRUCTURES and their dimensions. -Included 11. The location, dimensions and design of any existing and proposed signs on the site. -Included. 12. All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines. -Included. 13. The location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes; location and dimensions of pedestrians entrances, exits, walks and walkways. -Included. 14. General location, arrangement and dimensions of parking spaces, width of aisles, width of bays, angle of parking and other similar information. -Included 15. Any other information deemed necessary by the Department of Planning Services. -Will be provided as requested. W. SITE PLAN REVIEW PLAT: -The following (W 1-6) will be provided at time requested 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: 1. The plat shall be delineated in nonfading permanent black ink on a Mylar or other product of equal quality, three(3) millimeters or greater in thickness. The plat shall bear original signatures and seals in permanent black ink. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The mixing of sheet sizes is prohibited. No plat submitted shall contain any form of stick-on type material such as, but not limited to "sticky- back," adhesive film or Kroy lettering tape. The drawing shall be at sufficient scale to show all necessary detail. 2. REPEALED. (Weld County Code Ordinance 2001-1) 3. REPEALED. (Weld County Code Ordinance 2001-1) 4. The plat shall be titled"Site Plan Review No. ." The Department of Planning Services shall provide the appropriate number. 5. The plat shall include all of the items approved in the site plan review administrative comments. 6. The plat shall bear the following certifications: a. Property owner's certificate: I, the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the applicable DEVELOPMENT standards and district requirements for the Zone District as stated in the Weld County Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the DEVELOPMENT standards and/or any conditions could result in the County initiating a compliance action against me. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of Eby WITNESS my hand and official seal. My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This plat is accepted and approved for filing. Director of Planning Services The foregoing certificate was acknowledged before me this day of , by WITNESS my hand and official seal. • My commission expires: - Notary Public c. Easement Certificate example: This certificate shall be used when any easement crosses any of the proposed lots of the Site Plan Review. The plat shall also identify the benefited lot and purpose of the easement. I (we) do hereby dedicate, for the benefit of the property(ies) shown or described hereon, easements for the purposes shown or described hereon. Signature Signature Printed/typed name Printed/Typed name X. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the parcel area. -Attached Y. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. -Not Applicable Z. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. -Not Applicable AA. Photo Mechanical Transfer(PMT), if required. BB. A set of sign standards in accordance with Chapter 23, Article IV, Division 2. The location of any sign requiring zoning approval shall be shown on the Site Plan Review map. Distances from property lines shall be indicated. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2) -Not Applicable L.h+mrirvu uxxw Fa,,.LI.,I-.-71 .�,. -� -- • • Thank you for taking the time to review these plans. If you have any questions regarding the above,please advise. Sincerely, nt Moody / / Attachments: L/ -Site Plan Review Application -Site Plan Review Certification -Copy of deed -Copy of Septic Permit -County Road Access Information Sheet -Amended Site Plan Review Maps(Five Sheets) -Tax Statement -Emergency Information Sheet Identify Results • • Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7053098 Parcel#: 120723202014 Tax Area: 2309 Bordering County: Acres: 8.566 Township Range Section Quart. Sec. Subdivison Name Blocks Lot# 03 - 68 - 23 - 2 RADEMACHER BUS PARK PUD AMD - 1 - 14 Owners Name&Address: Property Address: REALTY INCOME CORPORATION Street: 4048 CAMELOT CIR WELD 220 W CREST ST City: WELD ESCONDIDO, CA 92025-1707 Business/Complex: K&C RV SALES &SERVICE Sales Summary Sale Date Sale Price Deed Type Reception# 8/25/2004 $4,400,000 SWD 3216729 Legal Description I RAD L14 BLK1 RADEMACHER BUSINESS PARK PUD AMD PLAT 4048 CAMELOT CIR WELD Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Commercial 2130 Square Feet 373135 Land Subtotal: 373135 $979,479 $284,050 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Commercial Improvements Subtotal: $1,540,297 $446,690 Total Property Value $2,519,776 $730,740 Buildinq Details Account#: R7053098 Parcel#: 120723202014 Owners Name&Address: Property Address: REALTY INCOME CORPORATION Street: 4048 CAMELOT CIR WELD 220 W CREST ST City: WELD ESCONDIDO, CA 92025-1707 Building# Property_Type 1 Commercial Individual Built As Detail • Built As: Service Garage Year Built: 2000 Exterior: HVAC: Space Heater http://maps2.merrick.com/Website/W eld/SetSgl.asp?cmd=QUERY&DET=PP&pin=1207... 07/13/2007 Identify Results • • Page 2 of 2 Interior Finish: Built As SQ Ft: 40950 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://map s2.merrick.com/W eb site/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207... 07/13/2007 APR-30-2007 ION 08:35 AM FAX NO. F. U1/U1 • • X003 - 11Y2 Report Gate: 04/30/2007 08:34AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7053098 ASSESSED TO: REALTY INCOME CORPORATION 220 W CREST ST ESCONDIDO, CA 92025-1707 LEGAL DESCRIPTION: RAD L14 BLK1 RADEMACHER BUSINESS PARK PUP AMP PLAT SITUS:4048 CAMELOT CIR WELD PARCEL: 120723202014 SITUS ADD: 4048 CAMELOT CIR WELD TAX YE4R CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 49,17222 0.00 0.00 49,172.22 0.00 TOTAL TAXES 0.00 -- GRAND TOTAL DUE GOOD THROUGH 04/30/2007 0.00 ORIGINAL.TAX BILLING FOR 2008 TAX DISTRICT 2309- Authorlty MITI Levy Amount Values Actual Assessed WELD COUNTY 16.804` 12,279.37 COMMERCIAL 2,519,776 730,740 SCHOO DIST REIJ 38.035 27,793.68 - -- NCW ATER 1.000 730.74 TOTAL 2,519,776 730,740 SVWWATER 0.214 156.38 LTW TER 0.000 0.00 MTN VI FIRE(BOND 2008) 0.160 116.92 WELD LIBRARY 3.261 2,382.94 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 5,712.19 i TAXES FOR 2006 67.291` 49,17227 *Credit Levy • ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE UENHOLDER OR TO ERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CON' ED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES; PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PR PERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Bo 458 Greeleyd CO 80832 (970)353-3845 ext.3290 REALTY INCOM E The Monthly Dividend Company Michael R. Pfeiffer Direct Dial: (760)317.2961 Executive Vice President-General Counsel e-mail: mpfeiffer@realtyincome.com Weld County,Colorado June 4,2007 Department of Planning Services North Office 918 10'h Street Greeley,CO 80631 Re: 4047 Camelot Circle,Longmont,CO 80504(Trailer Facility) 4048 Camelot Circle,Longmont,CO 80504(Service facility) 14504 I-25 Frontage Road,Longmont,CO 80504 4050 Camelot Circle,Longmont,CO(Camping World store) Dear Sir%Lts.: Realty Income Corporation("Realty Income")is the fee owner of the above-described property. Realty Income leases the property to K&C RV Centers,LLC("K&C")pursuant to a Land and Building Lease Agreement dated August 13,2004. Realty Income has agreed to allow K&C to construct and operate a Camping World store on the property. We understand this new retail use triggers the need to amend the existing Site Plan Review with the County. Realty Income does hereby appoint K&C RV Centers,LLC, its parent FreedomRoads,LLC,Brent Moody, Executive Vice President Business Development/General Counsel and Kelly Yancy,Director of Construction/Design its agent for purposes of executing any and all documents needed to be executed by the fee title owner consistent with the amendment of the existing Site Plan Review for the purpose of allowing a Camping World store. Please contact us with any questions. Very Truly Yours, REALTY INCOME CORPORATION, Michael R.P)ill+-14/t----- ve Vice President General Counsel As 1<b Fo►m peperlMent cc: Brent Moody via email REALTY.INCOME CORPORATION 220 WEST CREST STREET.ESCO.N'DIDO.CA 92025-1707•(760)741-2111•FAX:(760)741-8074 • • CERTIFICATE OF SECRETARY I, Michael R. Pfeiffer, certify that I am the duly elected and acting Secretary of Realty Income Corporation, a Maryland corporation (the "Corporation"), and that any one or all of the officers listed below are authorized to execute on behalf of the Corporation any and all documents concerning or relating to the acquisition of a certain parcel of real properties located at 14504 East 1-25 Frontage Road, Longmont, Co 80504.. Thomas A. Lewis Chief Executive Officer; Gary M. Malino President, Chief Operating Officer; Paul M. Meurer Executive Vice President, Chief Financial Officer and Treasurer; Michael R. Pfeiffer Executive Vice President, General Counsel and Secretary; Richard G. Collins Executive Vice President,Portfolio Management; and/or Kim S. Kundrak Senior Vice President, Portfolio Acquisitions. The corporate seal is not required, nor is it necessary for the secretary to attest to the signature. Mic ael R. Pfeiffe Secretary ARTICLES CF IHCCRPCRATI.N GF REALTY IMCCM4 CF MAAYLIHGI INC. • Arno.t11 All)in I Into IOR Int1Mn in IHf Stilt M I)MOIH\I Of ASN11M1\Il ;MI In IIO (II MARII kw MARCH 25. 1997 AT 2:44 OE I(k r' M. S I ( I%1O14A ll% Mllll I AA AM)OR111 CIO immure 1 mnunun nlanlo nt rAm w ruo G,JSO.OL q 20.00 { D4646493 It IS III RIR) CIRTIIIt2 MAT Tiff vinln 1,5{p rn 1, [.crtmt wl:n a.1 I\nlgal Vf\6 mmatoa naa ell, ,,,,,(In \PfR.nln 1a1) ,I(M111n !1 1111 STTTI 1111'\R.••11•1 (1 %W. NTNTS 4M) Iaaa1MP IM •1 OM 1%11 eALLARD SPAHR ANGREHS L 1NGERSOLL 33C EAST LCMnARD ST 17TH FLCGR IALTIMORE MU 21202-3263 ___ 18603105552 , • _• 1,, A . T hereby m � f � % • aTi pint.-lattc Cac cif ! _ t Page � , ' Ouetodiail• • Ij\ � __/ al ,.ti,s^. .sr.. (trit41111ve. 6195 This stamp •t ,` - .Y\Tl f\\{IMI\(i ll ail\la\O I\ IM Y. IIy R1 • • _ _.__ _________7„,.............iiiiiiiirgagafferimiwisimm -- RE.II. TY 1NCONIE OF MARYLAND.INC, A TI LFS F J%C ORflORATTj-_ ` ARTICLE I a,,,1;�.: v.hie ti. .0&:.LLCORPORATOR ><d i ' •a T fl: The undersigned.lames J.Hanks.k..whose address is e.'o;1z11.rd Spahr 300 East Lantrrd Shit,Baltimore.Maryland Z12ii1.being Andrews&Ingersoll. a corporation under the general laws of the State of Maryland.at least 18 rears of aye_does hereby form . r. ARTICLE II _ NAME The name of the corporation(the 'Corporation )is- Realty Income of Maryland. Inc. 4.. • ARTICLE 111 '-'68 i Cl 3 } . PURPOSE The purposm fir which the Corporation is formed arc to engage in any lawful ace or a;eirity (including.without limitation or obligation.engaging in business as a real`state investment trust under the Internal Revenue Code of 1986, as arneind , or any successor corpor:rrorts may be organized urrr:r rite general laws of the State of'Iaruee;ehe 'Cale")) for ryl.,:a1 as now or here after which force. For purposes of these Articles. 'REIT"means a real estate invrstsrrnt trust under Seecnons 856 through 860 of the Codc. ARTICLE ri• t z. PRINCIPAL OFFICE IN STATE AND RtsrnENT AGENT The ad rCIs of the pr.nc:ra1 office of nc�Co Spahr Andre is be In3ersotl.3(10:au L, ri'oratwn in the State of Maryland is c/o 8•Ilarsl flanks. The Sr w d+ud Street.Eahimnrc.llfaryf.r.1'i?U?. Ateeruicrn lames 1 male oaf�rhes`esitkrr agent of the Cod +ration in the Slate of ifar)lent is James ). flanks. Jr.. whose p post add2. is o Ballard Spahr Andreas L Inrc-rsulf. 3(x)Fast Lon hard Street. The rn+Jcru agent is a:,rifrn of.irx :rst,lct a,the tiutr of Alary9and. I. t...5 .,.6ricti :: <Cr,h. h.. - sioC�id�oi -.sc..klY li.C:ll i Y4QYLANO. INC. r .. • • • ..; ARTICLE V PROVISIONS FOR DEFINING.LIMITING AND REGULATING CERTAIN POWERS OF TILE CORPORATION AND OF THE STOCKHOLDERS AND DIRECTORS Section S.I Number and Classification of Directors. The business and affairs of the Corporation shall be managed under the direction of the Board of Directors. The number of directors of the Corporation initially shall be 7, which number may be increased or decreased pursuant to the Bylaws,but shall never be less th::n the minin-.unt number required by the Maryland General Corporation .:•;. Law. f:re.antes of the directors who shall serve until the annual niecting of stockholders held in the year adjacent to their names below.and until their successors are duly elected and qualify are: .:, William E.Clark Z+ 00 Thongs A Lewis 21x)0 Richard 1 Van!)erhn[( 2(x10 Donald R.Cameron 1999 y'e Willard H.Smith Jr 1999 Roger P. Kuppinget 1998 Michael U McKee fv•li These directors may increase the number of directors and may fill any vacancy.whether resulting [rout an tncrrase in the number of directors or otherwise. on the ?hard of Directors prior to the first annuol meeting of stockholders in the nunner provided in the Bylans .-r The Corporations Board of Dire.wis totter than any diceciur elected solely by holders of one or more series of Preferred Stock)is divided into three classes.:f directors.as..cart)equal in number as possible.one class to hold office initial:, tar a terns expiring at the next succeeding annul sleeting of stockholders,another class to hold office initially for_tettn expiring at the second succeeding annual meeting of stockholders and anther lass to hold office initial:) for a term expiring at the third succeeding annual niceties of stockholders. with the members of each class to hold office until their successors arc duly elected and qualify. At etch annual meeting of the stockholders.the successors to t •. the class of directors whose term expires at such meeting shall he elected to hold office for a term expiring at the annual meeting of stockholders held li the third year following the year of their election. Section 5.2 Estraortlinan Actions. Ex:c;t as specifically pnisidcd in Article VIII. rxrw ithstanding any provision of law permitting or requiring any action to be taken or authomed by the _ artirtiuuye vote of tl.e a.rkk•ts of a vreatrr rumher of vn:cs.any such aCiion shall be effccnse ate valid if taken or autly•rtted by the affinnatoe tote o[(holders of shafts cm'.aed to cast a majority hI all the saes entitled to be cant On the matter Section 5-3 Authorization hs Board of Stock Issuance. The Board of Directors tn.t,, authonre the rywart.r it.in Iisue I..time.il shat Cs of stock of it c Cu!f>.rrala.+n u1 ens ,.lass OF reels..whether i,o% • i. . • • _ • • • or hereafter authorized.nr securities or rights convertible into shares of its stock of any class or series. whether taw Of hereafra aurMicircd. for such caoideralion as fir Board of Directors may deem advisable tar without consideration in etc c'.se of a stook split or stock dividend). subject to such • restrictions or limitations.if any.as may be set forth in the Chanter or the Bylaws. Section 5.3 Preemptive Rights. Except as may he provided by the board of Directors in setting the terms of classified or reclassified shares of stock pursuant to Section 6.4.nu holder of shares of stock of'the Corporation shall. as such holder. have any preemptive)tive right to purchase or subscribe for any additional shares of moot of the Corporation or any other security of the Corporation which it may issue or sell unless the Corporation agrees to gram such holder precntftr.e r fights pursuant to a written contract. • Secl:on 5,5 Indemnification. The Corporation shall have the power.to the nlaximu:n extent permntcd by Maryland law in cffc.t from time to how,to obligate itself to indemnify.and to pay or reimburse reasonable expenses itt advance of final disposition of a proceeding to.la)any individual who is a present or (turner director Of officer of the Corporation who is mode a party to a proceeding by reason of his see.ire in that capacity tie Ihl any individual who,white a director of the Corporation and at the request of the Corporation,serves or has served as a director.officer.partner Of trustee of another corporation. partnership_joint venture. trust. employee h.unfit plan or any other enterprise front and against any claim or liability to which such person may become subject or which such person may incur by reason of his status as a present or former director or officer of the Corporation. Tlw Corporation hat1 have the power with the approval of the Roard of Directors,to provide such intkmnilicarion and advancement of expenses to a person who sened a predecessor of the Corporation in any of the capacities described in(al'or(b)above and to any employee or agent of the Corporation or a predecessor of the • • Corporation. (:either:1.e amendment nor rcpxal of:his Section 5.5.nor the adoption or amendment of any other provisior..:f f!c Bylaws or Charter of the Corporation inconsistent with this Section 5.5.shall apply to or affect in any respect the applicability of the foregoing with respect In any xi or failure to act winch occurred prior to su.a amendment.tcptal or adoption. Section 5.6 Determinations by Board. Tlw determination as uo any of the following matters. nude in good faith by or pursuant to the direction of the Board of Directors consistent with the Charter and in the absence of actual'receipt of ar.tctro per benefit in money.property or services or active and deliberate dishon..oy to:Misfits,by a court •hall be final and conclusive and shall he binding upon the C.•rp cation and ever.Molder of shares of its situ)• the:p fount of the net income of the Corporation • 's7 for any period and the amount of assets a: any time legally asailabie for the payment of dividends. •t redemption of its stock or:he payment of other distributions on its stock.the amount of paid-in surplus. net assets.other surplus.annual o.r other net profit,net assets in cores.of capital.undivided profits or esces% of profits user lrsscs on ode. of assets. the anwwnt. purpose. tune of creation. increase or decrease.alteration or can'_:il.aio.n of an) MSC( VS or eharvts and the property thereof(whether or not any obligation or liability for whist such reserves or charges shall have been crested sha11 base been paid or disehargtdl.the fair sa!oe.or as) st!e.bid to asked;roe n•he ap's!.d in Jeterntinine the fair value.of any asset uw n_d of held by the Corporation.and any Mutters felting to the acquisition.loading • and dtspociti,,n of::::: ..;•cis I•) the('orys.oat.on • Section 5.7 REIT Quaid-ovarian. -floe tt...od.•f))rectors shall use its reas.•nahle Mast efforts to take such actions K..re n:.essary sit appr.•p•ri.ac io preserve tire'status of the Corporation as a)duff: h.wevcr. if the Kurd of Dirt-Ltoos..:leonine.that it is tat longer in the tour tmeresds of the Corpo»alior. • - • ✓ • • • • p • to qualify or continue to he qualified as a RF.IT and st-:h determination is approved by the affirnutive site of the holders of not less than two-thirds of all votes emitted to he east on this natter.the Board of Directors may rewire or minimise terminate the Corporation's REIT cletaion pursuant to Section 85618) of the Code. The Board of Directors also ray determine that compliance with any restriction or limitation on stock ownership and transfers set lorth in Article VII is no longer tequired for REIT qualification Section 5.8 Removal of Directors. Subject to the rights of one or more classes or series of Yreferretl Stock to elect or remove one or more directors.any director.or the entire Board of Directors. may he removed from office at any time.bin only for cause.by the affirmative vote of the holders of ..: •.jatity of the outstanding shares entitled to vote.voting as a class,in the election of directors. For the purpose of this paragraph."cause"shalt mean with respect to any prarticul3r director a final judgment of a court of competent jurtsdictitm holding that such director earse'.l demonstrable.ttuterial harm to the Corporation through bad faith or seal:c arid deliberate dishonesty. • Section 5.9 Advisor Agreements. Subject to such approval of stockholders and other conditions. if any.as may be required by any applicable statute.rule or regulation. the Board of Directors may authorize the execution and performance by the Corporation of one or mote agreements with any person. corporation.association.company•trust.partnership(limited or general)or other organization whereby, subject to the supervision and control of the Board of Directors.any such other person.corporation. association.company.oust.partnership(limited of general)or other organization shall render or male available to the Corporation managerial. investment.advisory and;or related services.office space and•• other services and facilities(including.if deemed advivsle,,y the Board of Directors.the management or supervision of the investments of the Corporatiatl upon such terms and conditions as may he pros idcJ in such agreement or agreements rir.duding.if deemed fair and equitable by the Board of Directors.the compensation payahlc thetcttnder by the Corporation). ARTICLE VI STOCK Section 6.1 Authorized Shares. The Corporation has authority to issue 1t1U.000.000 shares of Common Stock.SI.00 pat value p`r she:.('CotnfMn Stock'I.and_20.(XX).0tx)snorts of Preferred Stock. e. Sl.UO par value per share t`Preferred Stock"). The aggregate par value of all authorized shares of stock having par value is St_20.0(101Kx)- Section 6.2 Common Stock. Subject to the prcvistoas of Anick VII.each share of Common Stock shall crtid.the hotJer thereof to one vtve The Board of Directors may reclass0y any unissued share.of Coonno:'cask(rain time to time in one nr more ct.sati+or series of stock. Section 6.3 Preferred Stock. The !toad of Directors may classify am unissued shares of Yreferred Stock .trwi reclasr.Jy airy pees iously cl.tsstftcd but umssu.Yd chairs of Preferred Semi,of arty series from tune u,time, in tine in more series of stock • < 4• r s • .ter _ - _ r r_ y • • • • • Section 6.4 Classified or Reclassified Spares. Prior to i.swncc of classified or reclassified •• shares of any class en series.die Board of Directors by resolution shall:tai designate that class or number of s to distinguish it room all other classes and series of stock of the Corporation:lb)specions ify the deans to be included in die and or as or series of stock c)set or change. f the Corporation outstanding ng at the t Article ime,the • prejer to the express ers tom any frrelerences, conversion or other rights, voting powers. reSltlttirrrK-limitations as to trsnsferabiliey- dividends or other distributions.qualifications and lentil and conditions of redemption for each class of or series: and (dl Muse the Corporation to file articles supplementary with the State Depanment and Taxation of Maryland("SDAT"). Any of the teams dependent of any class or series upon facts )roe ones k set or changed pursuant to chine(c) of this Section 6.4 may be ascertainable outside the Chaeter(ncluding deterntin:ttens by the Board of Directors or other facts or events within the control of the Corporation)and may vary among holders thereof. provided that the manner in which such facts.events or variations shall opetcmeup n fi led tetmis at such class or series of stock is clearly and expressly set forth in the articles supP 'y • Section 6.5 Charter and Bylaws. All persons ono shall a:quire stock in the Corporation sha11 --„t acquire the same subject to the provisions of the Charier and the Bylaws- , :. ARTICLE VII - RESTRICTIONS ON OWNERSIIIP AND TRANSFER TO PRESERVE TAX BENEFIT Section 7.1 Definitions. For the purposes of this Article VII.the following terms shall have the following tienaings: 'Beneficial Ownership"shall mean ownership of Common Shares by a Person who is or would he treated as an owner of such Covariant Shares either actually or c•.nst:uctively through the application of Section 543 of the Cak. as modified by Section 856O.O till;)of the Code. The terms'Beneficial Owner.'_Beneficially Own."'Beneficially On-rts"and'Beneficially Owned"shalt have the correlative meanings. CruuitwbleB:r.4ciuri.shalt mean o:ic.---'v rt heneficiarics of the Trust as determined pursuant to S...wn?.3111 of Article VII. _ din. I "Grdr"shall mean the Internal Revenue Code of 19116.as amended from time to time,or any successor Bonnie. "Co^mrn.r turn"s`�!.rrean shares of the C.,'p.,:aiion.C„n,i,tnn Stc.ir. "Conmeartit e llu nertkip-shall mean raw ncrahip of Corr:nx)r.Shares by a Person who is or would tic treated as an owner of such Ctirnm•r.Shares critic(actually or constructively through the application of Section 3111 of the Code.as rr.dificd by Sccium 1t5f4J!t5)of the Cork The Icon "Construclive Owner.- 'C rtatructitcty Own.' "Cotssiruclitcty ()win" and "Ci,nstreciively Owned" shall have the crerclalise mranirgs. r. '!RS"rictus the united States Internal Revenue Service - 5 ;•4••••'•••;' . • ors 41 Ili • • • 'Market Price•shall mean the fast repotted sales price reposed on elk No. York Stock Exchange of the Common Shares on the Iraiing day immediately preceding the relevant date.or if the Common Share..let nut then traded on the New York Stock Eat:han,e.the list reposed sales price of the Common Shares on the trading des; immediately preceding the relevant date as reported on any exchange or quotation system over which the Common Shares may be traded.or if:he Cumrro�n Shares ate not then traded over any exchange of quotation s)-stem. then the market price of the Carmen Shares on the relevam date as detcrm;ned in good faith by the Board of Directors of the Corporation. "Ownership Limit'shall mean 9.8% thy value or by taimber of shares, whichever is more restrictive)of the outstanding Common Snares of the Corporation. "Person"shall mean an individual,corporation, partnership, (united liability company, estate. trust (including a trust qualified under Section delta)or 501(c)(17)of the Code).a portion of a trust permanently set aide for or to be used exclusively for the purposes described in Section 6121c1 of the • Cock. ,,,aoeiation• private foundation within the meaning of Section 509(a)of the C.4.joint stock company or other entity: hut does not include an underwriter acri.aa an a capacity as such in a public offering of the Coounon Shares provided that the ownership of Common Shares by such underwriter would not result in the Corporation being "closely held' within the meaning of Section 85fi(h)of the Cod.s.r otherwise result in the Corporation failing to qualify as a REIT. "Purported Betirfirial Trionferer"shall mean. with respect to any purported Transfer which results in a ores.-ter to a Trust•as provided in Section 7.2(b)of this Article VII.the purported beneficial transferee or owner for whom the Purrrlrtsd Record Transferee would have acquired or owned Common Shares. it such Transfer had been valid under Section 7.2(a)of this Article ViI. "Purporred Reword Transferee"shalt mean,sith respect to any purported Transfer which results in a transfer to a Trust as provided in Section 7.2(bt of this Article VII. the record holder of the Common Shares if such Transfer had been valid under Section 7.2(4 of this Article VII. "Reinrorporrrio,i"shall mean the stager of Realty income Corporation,a Delaware corporation• into its wholly-owned subsidiary,Realty Income of Maryland. Inc..a Maryland corporation. 'REIT"shall mean a teal estate investment trust under Section 856 tare•tai 860 of the Code. 'Restriction T:rn»nation Dore'she ..ern the first day after the date of the Reincorporation on • which the Board of Directors of the Corporation determines that ii is no longer in the hest interests of the Corporation to attempt to.or comirue to.qualify-as a REJT. • "Tranijrr•shalt mean any sale.transfer,gift•assignnrriu.devise or OIL•cr disposition.of Commont Shares,Including tit tlic grantinc of any option or entering into:thy agreement for the sale,transfer or other disposition of Cuntmtan Shares or(ill the sale. transfer• assignment or oilier disposition of any securities (or rights convertible into or eschsngeahlc for Comntc:r Shares). %hearer voluntary or . involuntary,whither of resord or hcue(acaally or Beneficially or Constructively t to transfers of interests in other entities w ) Constructive hut rest limited hick result in changes in Beneficial or Constructive Ownership of CunU1MM SllareCt, and whether by operation Io:1 of law sir nthcrN hC. "Trost-shalt mean each of the trusts pros Ord for to ticln,ii 7 )of this,\rusk\,.II i h o • • • "Trustee"shall mean the Person unaffiliated with the Corporation. the Purported Beneficial Transferee.and the Purported Record Transferee.that is appointed by the Corporations to serve as trustee of the Trust. Section 7..2 Restriction on°sitership and Transfers. (a) From the date of Reincorporation and prior to the Restriction Termination Date: (i) eseepc as providc3 in Section 7.9 of this Ankle VII.no Person shall Beneficially Own Common Shares in execs of the Ownership Limit: (ii) except as provided in Section 7.9 of this Article VII. no Person shalt Constructively Own Common Shares in excess or the Ownership Limit:and (id) no Person shall Beneficially or Constructively Own Common Shares to the extent that such Beneficial or Censtructi-e Ownershtp would result in the Corporation being "closely held' within the meaning of Section X h)of the Code.or otherwise failing in qualify as a REIT lincluding but not limited to ownership that would result in the Corporation owning(actually or Constructively)an interest in a tenant that is described in Section A56(.3.0200 of the Code if the income denved by the Corporation(either directly or indirectly through one or more pa:onershipst Irorn such tenant would cause the Corporation to fail to satisfy any of the gross income requirements of Section 85b(c)of the Code). thl If. during the period commencing on the date of the Reincorporation and prior to the Restricuon Termination Dale.any Transfer(whether or not such Transfer is the result of a transaction entered into through'he`acilitics of the Sew York Stock Exchange CNVSEell or other event occurs that. if effective. would result in any Person Beneficially or Constructively Owning Common Shares in aoiaiion of Section 7.2(a)of this Article VII. (I)then that number of Common Shares that othen oise would cause such Person to violate Section 7.2ia)of this Article VII(rounded up to the nearest whole share) shall he automatically transferred to a Trust for the benefit of a Charitable Beneficiary. as described in Senior:7.3.effective as of the close of business on the business day prix"to the date of such Transfer or other event.and such Purported Beneficial Transferee shall thereafter have no rights in such Common Shares or(2)if.fcr any reason,the transfer to the Trost described in clause(I)of this sentence .. is not automatically effective as pun itled therein t:. 'rc..cnt any Person from Beneficially ur Constructively Owning Common Shares in viu!a::on of Salton 7.?(a1 of this Article VI). then the , Transfer of that number of Common Shares that otitei•,ia:would cause troy Person to violate Section r 7_!tat shall be void 1l)1St-ilt)_and the Puri,oned Beneficial Transferee shall have no rights in such Common Shares. ;ci Notw:ttktantJing an otarr pnosisiorn contained herein.during the period commencing on the date of the Reincorporation and prier to the Restriction Mimi:titian Date, any Transfer of Common Shares(whether.w twat sixh Transfer is the resultt of a transaction entered into through the facilities of the NYSE)that. if effective. would revile in the capital stock. of the Corporation hying 'eneficially owned by less Thar. I(K)Persons tdetcrminevl without reference to any rules of attribution) shall be void at.Until..and the intended transferee shall acquite nxi rights ir.such Common Shares. 7 • 0 J. - i.N Section 7.3 Transfers ef Ctsos:tton Shares in Trust. _ fa) Upon any parpaned Transfer or other event dcscribeJ in Section 7.2(b)of this Article VII.such Ctmtnwn Shares stall be deemed to have been transferred to the Trustee in his capacity as - trustee of a Trust for the exclusive benefit of one or more Charitable Beneficiaries. Such transfer to the Trustee shall he deemed to be effective as of ti:: "::t:::of buotiess on the business day p • o the . purported Transfer or other everre that results in a transfer to the Trust pursuant to Section 7.21h1. The Trustee shall be appointed by die Corporation ana shall be a Person unaffiliated with the Corporation. • any Purported Beneficial Transferee.and any Purported Record Transferee. Each Charitable Beneficiary shall be designated by the Corporation 35 provid'al in Section 7.3(I)of this Article VII. (hi Catontimn Shares held by the Trustee shall he issued and outstanding Common Shares of the Corporation. The Purported Beneficial Transferee or Purlwned Record Transferee shall not benefit economically from ownership of any Common Shares held in trust by the T^:•.t:e,shall have tai rights to dividends and shall not possess any rights to vole or other rights atuibuiahie to the Common Shares held in•tic T:u:;. k ICI The Trustee shall have 311 voting rights and rights to dividends with respect to Common Shares held in the Trust, which rights shall be exercised for the exclusive benefit of the Charitable Beneficiary. Any dividend or distribution paid prior to the discovery by the Corporation that the Common Shares have been transferred to the Trustee shall he paid to the Tr,:stec upon demand.and any . . dividend or Jisirihutioo declared but unpaid shall be paid when due to the Trustee wUh respect to such Common Shares. Any dividends or distrihut ions so paid over to the Trustee shall be held in tn:si for the _ Charitable Beneficiary. The Purported Record Transferee and Purported Beneficial Transferee shall have no soling rights with respect so the Como-win Shares held in the Trust aid, subject to Maryland law, effective as of die date the Coalmen Shares have been u«nsfetted to the Trustee.the Trustee shall have • the authority tat the Trustee's sole discretion)(I)so resaiid as void any sort cast by a Purported Record • - Transferee prior to the discovery by the Ce.'poration that the Contract,Shares have been transferred to the Trustee and lit)to recast such vote in accordance with the desires of the Trustee acting for the benefit of the Charitable Beneficiary;provided.however.that if:1w Corporation has already taken irreversible corporate action.. then the Trustees shall not have the authority to rescind and recast such sae. • Noiwithstandinc the provisions of this Article VII,until riw Corporation has received i:..iication that the ' ' Conan'n Shares have been tr.:inferred into a Tn....me Cotro ia:ion shall be entitled to rely on its share transfer and ether stockholder records for purposes of preparing lists of stockholders entitled to vote at meetings, dc,cran:nine the validity and authority of proxies aryl otherwise conducting cotes of - stockholders • i , . rd) Within 20 days of reccivng ruitiee thins the Coryaxatior that Common Shares has,-been '" transferred u+the lot-i.the Trustee of the Trust shall sell the Cannon Shaves held in the Trust to a 1 person.designated h.the Trustee.whose ownership of the G:uniam Shares w ill not c ialate the ow nership lintitation'set forth in Section 7?lste llpun such sale.the interest of the Charitable Benet-w wary in the Common Shares sold shall terminate sod the Trustee shall distrihule the art proceeds of the sate to the Purported Recutd T.ancicree and II,the Charitable Beneficiary as provided iii this Section 7.31t1). The • Purported Record Transferee shall receive the lesser of i 1 i the puce paid by the Purported Record Transferee for the Cou.nr,r.Shires in the transaction that resulted iii such transfer do the Trust tor,if the .-.. ccent cshich resulo.-J in the t:an-ter to dhe Trust did tan itite!ce a p+nslu.e tai such['mouton Shares al Market Pri•.c. the Marko Prise of such Common S)rucs ai.die day of the scent wltidt resulted iii the transfer of the Cotnnain Shares tit the Trusts and(2)die price per share received by the Trustee(net of any commissions and other espenscs of sale)from the sale or od!ur Jispa,iti*.n or she C.xunem Share. held in the Trust. P.u) net sales pns.ttds in wetss of tiic•amount p.tyablc iii the I'urpsaied Retool . R • _ `i. A ` r t q r • • • _ . . .. • .. • Transferee shall he umnediately paid to the Charitable Iknefrtiary together with any dividends or outer dictributtoas thereon If.prior to the discovery.by the Corporation that such Common Shares have been transferred to the Trustee.such Common Shares are sold by a Purported Record Transferee then(i)such Common Snares shall be deemed to have been sold nit behalf of the Trust ant Iii)to the extent ihzt the Purported Record Transferee received an amount for such Common Shares that exceeds the amount that such Purported Record Transferee was entitled to receive pursuant to this subparagraph 7.3(d). such • excess shall he paid to the Trustee upon demand. le) Common Shares transferred to the Trustee shall he dccr-red to have been offered for sale :o the Corporation.or is designee.at a price per share equal to the lesser of(i)the price paid by the Purported Receof Transferee for the Common Shares in the transaction that revolted in such transfer to the Trust(or. if the went which resulted in the transfer to the Trust did not involve a purchase of such Common Shares at Marks Price. the Market Price of such Common Shares on the day of the event which resulted in the transfer of the Common Shares to the Trust)and(it)the Market Price on the date the Corporation_or its designee.accepts such offct. The Corporation shall have the right to accept such offer until the Trustee has sold the Common Shares held in the Trust pursuant to Section 7.3(d). Upon such a sale to the Corporation.the interest of the Charitable Beneficiary ir.the Cernrnon Shares sold shall terminate and the Trustee shall distribute the net proceeds of the sale to the Purported Record Transferee and any dividends ds or other distributions held by the Trustee with respect to such Collusion Shares shall thereupon be paid to the Charitahle Beneficiary. tf) By written notice to the Trustee. the Corporation shall.ksiznate one or more nonprofit• organizations to be the Charitable Beneficiary of the interest in the Trust such that fit the Common Shares held in the Trust would not violate the resrrictions set lonh it. Section 7.21a) in the hands of such Charitable Beneficiary and (it) each Charitable Beneficiary is an organiaticn described in Sections • I7txtor f)(A). 171k.H2 i and 501(e)13)of the Code. Section 7.4 Remedies for Breach. if the Board of Directors.or a committee thereof lot other designees if perm:tiesf by Marylaeal law)shall at any time determine in good faith that a Transfer or other even has tasen place;n stiiation of Section 7.2 of this Article VIi or that a Person intends to acquire. has attempted to acquire or may acquire beneficial ownership(determined without reference to any rules of aunbutnm)_ Bercficiai Ownership or Constructive Ownership of any Common Shares of the Corporation in%rotation of Section 7.2 of this Article Vit.the Board of Directors,or a committee thereof tar other design:es r';crm.ic.l by Maryland try shall tale such action as it deems advisable to refuse to = : effect or to prevent such Transfer. including. hut tii+t limited to. causing the Corporation to redeem Comnn.rt Shares. refusing to give cocci to such Transfer on the h,..4:s t.s:.f the Corporation or "sinstituting proceedings to enjoin such Transfer. provide!.however. that any Transfers li+r.in the case n( events other slia:i a Transfer. ownership er Como-noise Ownership or Beneficial Ownership► in siidation i•f Section 7 2(n of:his Article VII.shall aut.unatically resell in the transfer to a Trust or he sold ab tnimo es de'.snheLl i•. Section 7_sthi and any Transfer in stole:ion of Section 7 ac) shall aruortuticatly tie sold xb uuui.irrvspr-cr a of any acunn for n:,n•acti.:i))s the Board of Directors • • 5edien 7.5 Notate of Restricted Transfer. Any Person se Ito acquires or attempts io acquire Ctnunon Shares in violation.of Ses:ivn 7 2 of this Arn:k VII or any Pcroin who is a Purported Transferee such that an automatic transfer to a Trust results under Section 7`Ito of this Article VII.shall i immediately prise written notice of the Corporation of such event and shall prosid<to the Corpoatton such other infonnatt.:n're the Corporation may request in order to ildernat a the effect. if any.of such Trnsfer o:+t:cerr.t.r.i (renter..n the C,cp.nation s anus as a RI.I f. 9 r -- -s • • _._saw Section 7.6 OnTers L.cquirt d to Preside Information. From the date of the Reincorporation and prior to the Restriction Termination Date.each Person who is a beneficial owner or Beneficial Owner or eon:Arue:ny Owner of Common Shares and each Person(including the shareholder of record)cello is holding Common Shares for a Beneficial Owner or Constructive Owner shall provide to the Corporation such information that the Coporation may request,in rood faith,in order to determine the Corporation's status as a REIT. Section 7.7 Remedies Not Limited. Nothing contained in this Article Vil(hut subject to Section 7.1_2 of this Article VII and Section 5.7 of the Chaner)shall limit the authority of the Board of Directors to take sorb abet action as it lemmas necessary or advisable to protect the Corporation and the interests of its shareholders by preservation of the Corporations status as a REIT. Section 7.8 Ambiguity, in the case cf an anthiruily in the application of any of the provisions of Sections 7.2 through 7.9 of this Article VII. including any definition contained in Section 7.I.the Rivard of Directors shall hasc the pc's•er to deternlinc the application of the provisions of Sections 7.2 through 7.9 with respect to any situation based on the facts known:o it (subject. however, to the provisions of Section 7.12 of this Article VIII. lu the cant any of Sections 7.2 through 7.9 requires an action by the Board of Directors and these Amended and Restated Articles of Incorporation fail to provide specific guidance with respect to such action,the Board of Directors shall have the power to determine the action to he taken so long as such action is not canary to the provisions of such Sections 7.2 through 7.9 of this Article VII. Absent a decision to the contrary by the Board of Directors(which the Board may make in its sole and absolute discretion).if a Person woe!•l l':••e(but for the remedies set forth in • Section 7.2041 acquired Beneficial or Constructive Ownership of Common Shares in violation of Section 7 21a1 Fond:remedies vas appl:cahk)shall apply first to the Co nn:ori Shares which,but for such remedies. • would have been actually owned by such Person, and second to Common Shares which,but for such remedies. would have been Beneficially Owned or Constructively Owned(but not actually owned)by such Person.pro rata among:he Persons who actually own such Common Shares based upon the relative number of the Common Shares held by each such Person. Section 7.9 Exceptions. tap Subject to Section 7 2tahitt).the Board of Directors.in its sole discretion.may exen:pr a Person from the limitation on a Person Beneficially Owning Common Shares in excess of the r Ownership I.imit it the Board oI Directors obtains such representations and undemakings Iron: such f Person as arc rr:siuuhiy necessary to aseenain that no individual's Beneficial Ownership of such Comm..n Shares will' violate the Ownership I.in:n or that any such violation will tot cause the Corporation u• fail to qualify as a Ru'.IT under the Cede. and agrees that am violation of such • repRSentatiorni or u:Adenakings(or other action which is contrary to the restrictions contained in Section 7.2 of this Ankle VIII or attempted violation will result in such Common Shares toeing transferred to a • Trust in accordance w in Senior)7.'1n)of this,\nitle VII tot Suhrr.r to Scruou T 't.v;luo).the 110a;1•d!)irritors. in:is.plc discretion.tray euonft a Person from tins iiernaunn on a Person Constrt.Mivch (:wring Common Shares in excess of the Ownership Limit of facto Person does n.e and represents than it will not own,actually or Corot ractisel). an Interco in a te:unt of the Corporation(sot a tenant of any entity owned in wln.lc or in pan by the Convocation)iii.t would cause the Corporation to own. actually or CorArucitsely more tact,,a 9.R`.i I() • . 4� _ • • interest(as set forth in Section 85fi(JK2K9►of the Ccsk)in such tenors and the Corporation obtains such representations and undertakings from such Person as arc teasonably necessary to ascertain this fact and agrees•!--at any siolation cr attempted violation will result in such Common Shares being transferred to a Trust in accordance with Section 7.24b)of this Anxte VII. Ninwithsnnding the foregoing.the inability of a Person to mate the certification described in this Section 7.9(10 shall not present the Board of Directors. is its sole discretion. from eseinpting such Person from the limitation on a Person Constructively Owning Common Shares in excess of the Ownership Limit ii the Board of Directors determines that the resulting application of Section RStdd)(?t181 of the Code would affect the characterization of less than O.S%of the gross income(as such term is used in Section R56(c)(2)of the Code)of the Corporation in any taxable year.after taking into account the effect of this sentence with respect to all other Common Shares to which this sentence applies. (el Prior to granting am exception pursuant to Section 7.9(al or 1h)of this Article VII.the Board of Directors may require a ruling from the Internal Revenue Service.or an opinion of counsel. in either case in form and substance satisfactory to the Board of Directors in its sole discretion,as it may deem necessary or advisable ir,order to determine or ensure the Corporation's status as a REIT. =act Section 7.10 legend. Each certificate fur Common Shares shall bear substantially the following. legend: The Corporation will furnish to any stockholder.on request and without charge.a full statement of the irtfr>rttsation required by Section 2.211tb1 of the Corporations and Associations Article of - the Annotated Code of Maryland with respect to the desigaatiortc and any preferences.conversion and other rights.sooting powcts.rovictintn.limitations as to dividends and other distributions. qualifications. and terms and conditions of redemption of the stock of each class which the Corporatio:i has authority to issue and. jif the Corporation is authorized to issue any preferred or special class in series.$(i)the differences in the relative rights and preferences between the sitares of each series to the extent sae and ii)the authority of the Board of Directors to set such rights and preferences of subsequent series. The foregoing summary does not purport to he complete and is subject to zeal qualified in its entirety by reference to the charter of the • Corporation(the-Chaser").a copy of whir will he sent without charge to each stockholder who !at requests. Requests for such written statement May be directed to Itfichael R. Pfeiffer. the Secretary of the Company.at the Company's principal office The shares represented by this centrteatc are subieu to lesirl_tions on Benehisial and Constructive Ownership and Transfer for the purpose of the Corporation-s main:clunce of its status as a Real .• r r Crate Ins-e'tm M nt Trust under she Internal Revenue Code of P . as amended (the "Code-1. Subject to certain further restrictions and except sus espressly prosidcd in the Corporation's Chancr. tit is.Person may Beneficially thin in escess of 9.814 of the outstanding Contrm+n Shares of the Corp,ration too value Vr in nuu.tar of',hares.wlt+t,tws et is nkitc ttstrli i is c).(1;1 Ilts Person sus Cortstructiscl).Dan to estrus of 4!tees of:kc c,utstanding Common Shares of the Cnrp..rauot:lh)saduc or by number of shares.whicheset is more re tristiset.tint rk Person may fi nefiwialls of Coneitrt►etisely(Nan Contnton Mutes that w•+eitd result iii the Cin•pirraUun(eoug 'closely h_d:d' under Section$?r+tin of tile Code oil eilleratr.e cause the Csrrpurauun to fail to - _ e etualdy as a AI:IT:and gist no P.:D.•tt•tu) llaisict Commis' Shares if such Transfer would result in the capital suck of the Corpnreu.+o lktng owned by freer than IOU Person. Any Person who Beneficially or Cssnstrcr'usely (bans or ateltipts It. Beneficially or Comtruettsely Own (•r•mrnrn Stares lehisb causes or will sous:a Person to tierefrcially ar Construstisciv Own Common Shires in easess tit the alit+s c a.oaattoos trust inuiiedtately Waif) the Corporation I' II v.. ,_ C • • any of the restrictions on transfer or nwnetshep a!: stclatcd, the Corvnwn Shares represented • hereby wilt be auronutically transferred:u a Trustee of a Trust for the benefit of one or more Charitable Beneficiaries. In addition,the Corporation may redeem shares upon the terms and conditions specified by the Board of Directors in its sole discretion if the Board of Directors detcrmittes that ownership or a Transfer or other event may violate the restrictions described above. Funhcnnore.upon the •rtorence cf semis cscras.attempted Transfers in violation of • the restrictions described above nay be void AB INITIO. MI capitalized tcrms in this legend have the meanings defined in the Charter of the Corporation.as the same may be amended from time to time, a copy of which_ including the restrictions on transfer and ownership. will be furnished to each holder of Common Shares on request and without charge. Requests for such a copy may he directed to Michael R.Pfeiffer.the Secretary of the Company.at the Company's �; 1.rincipal office." Instead of the foregoing legend.the share certificate may state that the Corr.0 I..en will furnish a full sutentent about certain restrictions on transferability to 3 stockholder on request and without Section 7.11 Seserability. If any provision of this Article VII or any application of any such provision is determined to be invalid by any Federal or atste emus having jurisdiction over the issues. the vat ii ly of the remaining provisions shall not he affected and ether applications of such provision shall he affected only to the extent necessary to comply with the determination of such court. Section 7.12 NYSE. Nothing in this Article VII tk.11 crxlude the settlement of any transaction entered into through the facilities of the NYSE The fact that the settlement of any transaction is so permitted shall not negate the effect of any other provision of this Article VII and any transferee in such a transaction shall be subject to all the provisions and timitatiens of this Antcle VII. ARTICLE VIII AMENDME'...AND TRANSACTIONS OUTSIDE THE ORDINARY COURSE OF BUSINESS Section 8.1 Bylaws. The Board of Dncators shall have the exclusive power to adopt.:mend or ' r repeal the Bylaws fur the Corporation except as such power is limited in the Bylaws Section $.2 Charter. The Corponuo.n reserscs the right from time to time to make any atncndmcnt now or hereafter authorized by law.including any amendment altering the terns or contract rights,as expressly set faith in this charter-of any shares of outstanding stock. All rights and powers conferred by thi.charter on stockholders.dirrrwts and officers of the Corporation are greeted subject to this rc.er'an,•r• • 1c • ARTICLE IX LIIIITATIOV OF LIABILITY To the maximum extent that Maryland law in effect from rime to time permits limitation of the liability of directors and officers of a Corporation.no director or officer of the Corporation shall be liable to the Corporation or its stockholders for money damages. Neither the an..mdman nor repeal of this Ankle IX.nor the adoption or amendment of any other provision of the Charter or Bylaws inconsistent with this Ankle IX.shall apply to or affect in any respect the applicability of the preceding sentence with respect to any act or failure to xt which occurred prior to such amendment. repeal or adoption. ARTICLE X ELECTION OF DIRECTORS Elections of directors need rat be by written ballot unless the Bylaws of the Corporation shall so provide- •. t ' I) - • •-.o e - • . _ -' _ .. ... . • • • IN WITNESS WHEREOF. I hate siened these Anic!a of Incorporation and xtmsslalge the same to Be my:.ct on tins 25th day of March. 1497. By- 1' J. H r.. Incorporator p s. I e 14 _ - -a i- _ _ - a - ~ 9 Y • • D ARTICLES OF AMENDMENT OF REALTY INCOME CORPORATION, A MARYLAND CORPORATION Articles of Amendment Realty Income Corporation,a Maryland corporation(the"Corporation"), hereby certifies to the State Department of Assessments and Taxation of Maryland that: FIRST: The charter of the Corporation is hereby amended by deleting Article VI,Section 6.1 in its entirety and inserting the following in lieu thereof: "Section 6.1 Authorized Shares. The Corporation has authority to issue 200,000,000 shares of Common Stock,S1.00 par value per share("Common Stock"),and 20,000,000 shares of Preferred Stock,SI.00 par value per share("Preferred Stock"). The aggregate par value of all authorized shares of stock is$220,000,000." SECOND: The amendment to the charter of the Corporation as set forth above has been duty advised by the Board of Directors and approved by the stockholders of the Corporation as required by law. THIRD: Immediately prior to the above amendment, the Corporation had authority to issue 120,000,000 shares of stock, consisting of 100,000,000 shares of Common Stock, $1.00 par value per share,and 20,000,000 shares of Preferred Stock, Si.00 par value per share. The aggregate par value of all authorized shares of all classes of stock having par value was SI 20,000,000. FOURTH: The total number of shares of stock which the Corporation has authority to issue pursuant to the foregoing amendment is 220,000,000 shares of stock, consisting of 200,000,000 shares of Common Stock, SI.00 par value per share, and 20,000,000 shares of Preferred Stock,$1.00 par value per share. The aggregate par value of all authorized shares of all classes of stock having par value is$220,000,000. FIFTH: The undersigned officer acknowledges these Articles of Amendment to be the corporate act of the Corporation and as to all matters or facts required to be verified under oath, the undersigned officer acknowledges that to the best of his knowledge,information and belief,these matters and facts arc true in all material respects and that this statement is made under the penalties fur perjury. IN WITNESS WHEREOF, the Corporation has caused these Articles of Amendment to be executed under seal in its name and on its behalf by the undersigned officer,and attested to by its Secretary,on this to day of May,2005. ATTESS : REALTY INCOME CORPORATION By: & Q, SI.ALI t Mtc ae R.P tThomas A.Lewis Secretary Vice Chairman and Chief Executive Officer ! 1 Awl✓�vy itr _ Lpsy. • nat3bY "+e:s ; f y r.L:it, r .. . ,t. �> ?I< the 53�' i �r _� k ', L ) r Sian c�C;C - � s ARTICLES OF AMENDMENT OF REALTY INCOME CORPORATION, A MARYLAND CORPORATION Articles of Amendment Realty Income Corporation,a Maryland corporation(the"Corporation"),hereby certifies to the State Department of Assessments and Taxation of Maryland that. FIRST: The charter of the Corporation is hereby amended by deleting Article VI,Section 6.1 in its entirety and inserting the following in lieu thereof: "Section 6.1 Authorized Shares. The Corporation has authority to issue 200,000,000 shares of Common Stock,$1.00 par value per share("Common Stock"),and 20,000,000 shares of Preferred Stock.$1.00 par value per share("Preferred Stock"). The aggregate par value of all authorized shares of stock is$220,000,000." SECOND: The amendment to the charter of the Corporation as set forth above has been duty advised by the Board of Directors and approved by the stockholders of the Corporation as required by law. THIRD- Immediately prior to the above amendment, the Corporation had authority to issue 120,000,000 shares of stock, consisting of I00,000,000 shares of Common Stock, $1.00 par value per share,and 20,000,000 shares of Preferred Stock, $1.00 par value per share. The aggregate par value of all authorized shares of all classes of stock having par value was 5120,000,000. FOURTH: The total number of shares of stock which the Corporation has authority to issue pursuant to the foregoing amendment is 220,000,000 shares of stock, consisting of 200,000.000 shares of Common Stock. $1.00 par value per share, and 20,000,000 shares of Preferred Stock,$1.00 par value per share. The aggregate par value of all authorized shares of all classes of stock having par value is 5220,000,000. FIFTH: The undersigned officer acknowledges these Articles of Amendment to be the corporate act of the Corporation and as to all matters or facts required to be • verified under oath, the undersigned officer acknowledges that to the best of his knowledge,information and belief,these matters and facts are true in all material respects and that this statement is made under the penalties for perjury. [N WITNESS WHEREOF, the Corporation has caused these. Articles of Amendment to be executed under seal in its name and on its behalf by the undersigned officer,and attested to by its Secretary,on this 1O_day of May,2005. ATIES : REALTY INCOME CORPORATION By: Michael R.P c r Thomas A.Lewis Secretary Vice Chairman and Chief Executive Officer �l TiY' v • ha ' .' rif:4 tit•f .__ 1 _ • ;1 ,�;• „err ter..- �p� of the . 0 Ill CORPORATE CHARTER APPROVAL SHEET . ** E EDITED SERVICE ** ** KEEP WITH DOCUMENT ** DO INT COD BUSINESS CODE �j -- AlfIx Bar code Label Hei e N Clore 1 ck ✓ t INI101101111111111 Stock ons oc,c —_ P.A Religious 10003819913? 9 Merging(Transferor)_ ---— ID a N4646493 XX a 1.001351981328863 LIBER: BB080B FOLIO: O'D97 PAGES: 0002 —• — REALTY INCOME CORPORATION Surviving(•franaferee) , O'SI10/2005 PIT 01:02 P NO a PeaIB53439 — . New Name FEES iU M.TTbD ' Bass Fee: Change of Name Org.&Cap.Fee: Change of Principal Office Expedite Fee:_._ Change of Resident Agent Penalty: Change of Resident Agent Address State Aecoedatioa Tax: Resignation of Resident Agent State[ransfer Tax: Designation of Resident Agent Cettified Copies • and Resident Agent's Address Copy Fee:^_ _- _Change of Business Code Certificates • • Certificate.of Status Fee: Adoption of Assumed Name ' Personal Property Filings: . Other: • • • Other Change(*) TOTAL FEES:---7/7—;--., • Code 06 5 Ciedit Card Check - Cash• � h Attention:__.743(---__(:),,— � Dnc:urncnts on -necks Mail to Address: • — Approved By: .-_ _ Keyed By::_ COMMENT(S) k------ - • Cusr IO: a 510401 NORK ORDER:0001S!53439 DATE:OS-10-280S B1:R2 PM AMT. PA1D:$2,192.00 I 3951 r 't ;Fw 03"3338 U CD in 0 F- N CO 0 7) I- N m — c l F t0 T (-1 Q: N — N Wu IL c Y N Z N • N IS O 0 Er co 8 Li CO O > p _ 0 W CO Y 0 Y O U O L 0 3.'CD m " v) C Z < o Z v Z m s Z n a w � m m z 2 CD S Z N 0 LO p N a 0 N 0 co a r N CT m m m N Z N C N. N O W N 0 Ito p N ¢ o> Q 00 — ¢ u Q v C o D o u uo cu O m ¢ n 3 0 ¢ U o LLa oo < om Zn J C J m J C J N J 03 C Q • III O LL co -� p E U , O S m al C IV E m ` o O - — a n 3 on H cn 1 3 - o C c -.-' N (thf; o V 0 E U 0 o U) c U O D C U CD z iS G C Q a) c_. n u) - > Cl) E O1 (O r C o O C L O v Cla O wrio ® n O U C u -✓ Q a) a S U II a " U °C CO O w IQ r 7 C c N U O O 5 O (n z in orr7■ U C -C C O �-- o; 4) CO C U U oC CI „ 6 >' o m Q1 ' I' N CO y d CD O O CC6 . Q1 I B ._ f1 'r- o • SITE PLAN CERTIFICATION I (We) hereby certify that the uses, buildings, and structures located on: Lot 14, Block 1, of the Amended Plat of Rademacher Business Park P.U.D., being a replat of Rademacher Business Park P.U.D., Weld County, Colorado (legal description) are designed and will be constructed and operated in accordance with the applicable Performance Standards and District Requirements for the C-3/I-1/"DUP zone district as stated in the Weld County Code and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. AiP it/441 tune of PropertyDGvner The foregoing instrument was subscribed and sworn to before me this r'(r day of r 20 D-1 , by "n al( r�L WITNESS my hand and official seal. My Commission expires: o2.-/rap/I Notary ublic li�Pi Notary , { -5- 1.29 IM11111111 NIN illll Iris�nll tint III lilt IA 3216729 09/08/2004 10:11A Weld County, CO 1 of 3 R 16.00 D 410.00 Stew Moreno Clerk&Recorder Recording requested by, and After recording return to: REALTY INCOME CORPORATION ✓ ATTN: LEGAL DEPARTMENT 220 WEST CREST STREET ESCONDIDO,CA 92025-1707 SPECIAL WARRANTY DEED STATE OF COLORADO' § §KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WELD § THAT,KINGS COURT PROPERTIES, LLLP,a Colorado limited liability limited partnership("Grantor"),for and in consideration of the sum of Ten Dollars($10)and other good and valuable consideration in hand paid to the undersigned by REALTY INCOME O CORPORATION, a Maryland corporation("Grantee"),whose mailing address is 220 West Crest v Street,Escondido,California 92025-1707,the receipt and sufficiency of such consideration being hereby acknowledged,has GRANTED,SOLD AND CONVEYED,and by these presents does w hereby GRANT, SELL, CONVEY and CONFIRM unto Grantee that certain real property being c., more particularly described on Exhibit"A,"attached hereto and made a part hereof for all purposes, a together with all improvements and fixtures situated thereon(collectively, the"Property). THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY. LTG 'l l`i9l I111111 11111 0111 11111 111111l 111111111111111 III 3216729 09101/2004 10:11A old Canty, Co 2 of 3 R 16.00 0 440.00 Steve Moreno Clerk&Recorder TO I IAVE AND TO HOLD the Property,together with all and singular the rights, hereditaments,and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, and Grantor hereby agrees to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns,against every person whomsoever lawfully claiming,or claim the same,or any part thereof,by, through,or under Grantor but not otherwise. EXECUTED this 25 day of , 60.o GRANTOR: KINGS COU T PROPERTIES, LLLP,a Colorado limited liab' ity limited p ership B ame: reN Ue j A. 1'0'11;ftm sGII.( Title: Qj, 4 7 .4..t.,,.v STATE OF C.../..--. S a , § § SS. COUNTY OF \s.t.e...4. § • Pe rrs�n came before�me this da of C�+.1..a1— o k z=,G A �^"-"-' , own to me to he the person who executed the foregoing instrument and acknowledged the same. ary Public ::: : My Commission Expires: I o\a.,\o S :' Notary's Printed Name :_ -1t.i.. u- . • • 1111Nl 11111 iliil l{III 111111111 l lli III!MI III 3216729 09/08/2004 10:11A Weld Ceanty, CO 3 of 3 A 16.00 D 440.00 Steve Moreno Clerk&Recorder EXHIBIT"A" Legal Description Lot 14, Block 1 and Lot 12,Block 2,amended plat of Rademacher Business Park P.U.D Weld County,Colorado REFERRAL LIST Name: Realty Income Cation Ilse#: AMSPR-415 County Towns &Cities Fire Districts _Attorney _Ault Ault F-1 _ 0 Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring Dacono _Brighton F-3 0 Sheriffs Office _Eaton _Eaton F-4 0 Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 0 Building Inspection _Fort Lupton _Johnstown F-8 0 Code Compliance_Ann_0_Beth _Frederick _LaSalle F-9 0 Kim Ogle (Landscape Plans) _Garden City 0 Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest Milliken F-11 _ 0_Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 0 Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 0 Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board Longmont Wiggins F-18 _Oil & Gas Conservation Commission 0 Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer 0 South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Commissioner _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _0_Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties _Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs 0 School District RE-1J _USDA-APHIS Vet Service _Central Colo. Water Cons _Federal Aviation Admin (Structures RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm _0 Little Thompson Water 0 � Co�i1: Piaanl;1g Department L '�' 3UILDING AUG 1. 6 2007 Weld Count 7 nererral linC July 17, 2007 COLORADO r C FaIr,V1F?� AMENDED REFERRAL NOTICE - air y-I' -01 ,D Formerly AMSPR-415 - Planner should be Michelle Martin, not Roger Caruso The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-290 Please Reply By August 13, 2007 Planner Michelle Martin Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan a We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature GW./2 i C /2 Jj- / 0-47 Agency irY lGnL-v-Wi�crsl� . fj)a „ Date i Weld County Planning Dept. +4209 CR 24.5, Longmont,CO.80504 +(720)652-4210 ext.8730 ❖(720)652-4211 fax Weld County Referral Wlipe July 17, 2007 COLORADO AMENDED REFERRAL NOTICE - Formerly AMSPR-415 - Planner should be Michelle Martin, not Roger Caruso The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-290 Please Reply By August 13, 2007 Planner Michelle Martin Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the I-25 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan a, We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature 7- 3 ( z' Agency (177t. al-n \ (In �� ki�k Date +Weld County Planning Dept. 4.4209 CR 24.5, Longmont,CO.80504 •'x(720)652-4210 ext.8730 t(720)652-4211 fax i • RECD AUG 2 2007 Weld County Referral WI I D C• July 16, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-a Z9C) Please Reply By August 13, 2007 Planner 1 eleAttaes7 M .MA/bin. Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: flea se le4- 4 f/&Z' 1ws Kkivi 1o. Signature ,X%7 Agency 42-dd .�/d/5/o ' d< zh lc/Ji' Date :•Weld County Planning Dept. 44209 CR 24.5,Longmont, CO.80504 4(720)652-4210 ext.8730 4(720)652-4211 fax I o1 v— . t o • ,,,0 ii iii L JUL 2 4 2007 tij I 11 Id County Referral O July 17, 2007 • COLORADO AMENDED REFERRAL NOTICE - Formerly AMSPR-415 - Planner should be Michelle Martin, not Roger Caruso The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-290 Please Reply By August 13, 2007 Planner Michelle Martin Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road. For a more precise location, see legal. i Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. SZI See attached letter. Comments: Signature eta- -23- `) �, Agency 4.27)< , bodes Date ❖Weld County Planning Dept. +4209 CR 24.5, Longmont,CO.80504 ❖(720)6524210 ext.8730 +(720)6524211 fax MEMORANDUM (ei cit at;;\.:, TO: Michelle Martin, Planning Department DATE: July 23, 2007 FROM: David Snyder, Engineer mpeSUBJECT: AMSPR-290, Realty Income Corporation � !Jt9un�y FuTiitc Works Department has reviewed this Site Plan Review request. Comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments External Roads: The external roadways are capable of handling anticipated traffic from the proposed facility. Weld County Road Classification Plan (FHU): (June 2002) Camelot Circle is a paved local and requires a 60-foot right-of-way at full build out. This road is maintained by Weld County. There is presently a 60-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the site plan map. If the right-of-way cannot be verified, it will be dedicated on the final plat. COMMENTS: Access: The access is from Camelot Circle to the Rademacher Business Park, Block 1, Lot 14. The internal roads are county maintained in the Rademacher Business Park. There are two access points from the Rademacher Business Park: onto the east Highway 25 frontage road. REQUIREMENTS: Access: The applicant indicated an existing access point on to Camelot Circle. No additional accesses shall be granted. Storm Water Drainage: The applicant has provided no documentation on how the storm water drainage will be handled on site and disbursed to the master drainage plan. No changes to the existing site besides use are proposed so existing drainage shouldn't be altered and therefore existing facilities should be adequate. Circulation and Parking: The site plan drawing shows good circulation patterns and parking bases. The applicant hasn't identified the length or width of the parking stalls. The length and width should be placed on the site plan drawing. All parking for the site must be off street and internal. Each parking space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles,walls, fences or planting. ADA requirements shall be met for this site. Parking Lots shall conform to all standards of the Americans with Disabilities Act. Public Works recommends striping of the parking to identify the ADA space(s) with the appropriate symbols and signs. Recommendation ❑ The Public Works Department will continue the review process for this site plan once we receive the requested submittal materials. The applicant shall address the comments listed above for this review process. The review process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved with the Public Works Department prior to recording, Page 1 of 1 1017ia C Weld County Referral C, July 17, 2007 COLORADO AMENDED REFERRAL NOTICE - Formerly AMSPR-415 - Planner should be Michelle Martin, not Roger Caruso The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-290 Please Reply By August 13, 2007 Planner Michelle Martin Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ,X We have reviewed the request and find no conflicts with our interests. X, See attached letter. Comments: (1, , �0 cde 1n - rg; C(1 \'f V eJJ-kirla 1i Signature rb.�a 1 - n-ert Agency � M , t1f ; ri Date +Weld County Planning Dept. +4209 CR 24.5, Longmont,CO.80504 4(720)6524210 ext.8730 4(720)652-4211 fax -� � MEMORANDUM 'lige COLORADO To: Michelle Martin, Planner II July 19, 2007 From: Bethany Salzman, Zoning Compliance Officer II Subject: AmSPR-290 Referral Upon review of my case files and computer, an active Zoning Violation (VI-0600535) was noted. This violation was initiated due to the expansion of Camping World without the necessary Weld County Zoning Permits. This case was presented to the Board of County Commissioners through the Violation Hearing process on May 8,2007. The Board referred this case to the County Attorney's Office for immediate legal action; therefore, we do have an open case pending in District Court. After this application is approved and once the plat map has been recorded,this violation will be closed. If the plat is not recorded within 60 days of Staff Approval, the violation will proceed accordingly in District Court. SERVICE_TEAMWORK,INTEGRITY,QUALITY /0 • Weld County Referral WilpC, July 17, 2007 COLORADO AMENDED REFERRAL NOTICE - Formerly AMSPR-415 - Planner should be Michelle Martin, not Roger Caruso The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-290 Please Reply By August 13, 2007 Planner Michelle Martin Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature V 1.24,•2-00 Agency P List-ha (/ Date ❖Weld County Planning Dept. +4209 CR 24.5,Longmont,CO.80504 :(720)652-4210 ext.8730 +(720)652-4211 fax cfdarp//kir MEMORANDUM TO: DATE: Michell e O0�in, Planner II July 20 COLORADO FROM: Kim Ogle, Planning Manager SUBJECT: Amended Site Plan Review# 290 Camping World / K&C RV Service Center Realty Income Corporation do Brent Moody, Applicant The Legal Description for this site should be identified as: Part of the NW 1/4 of Section 23, Township 3 North Range 68 West, Lot 14, Block 1 of the Amended Rademacher Business Park. The Situs Address is: 4048 Camelot Circle, Longmont The detailed description of this facility states the site has two separate uses: retail (Camping World) and RV Service and Maintenance (K&C RV Service Center). The existing structure is approximately 40,909 SF of which 5,000 SF is dedicated to the retail component (Camping World) with the remaining area dedicated to service and maintenance. It is important to note that both companies share a common ownership. The structure is constructed (Year 2000) and is located on site. The Department of Planning Services reviewed the above referenced Amended Site Plan Review documentation and drawings and offers the following comments: The Site Plan Review Plat shall be prepared in accordance with Section 23-2-160.V of the Weld County Code. Section 23-3-250.A.1 Stormwater Management. All 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 has been 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 no physical changes have been made to the site or building that would affect the ability of this system to function appropriately. The applicant shall contact the Weld County Department of Public Works, Storm water Division for a determination of adequacy and for final approval. Section 23-3-250.A.2 Parking. Sufficient screened, off-street, paved parking areas shall be provided to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and Accessory Uses. Appendix 23-A describes the design requirements for parking spaces and Appendix 23-B delineates the number of parking spaces required by use for this property. The proposed facility has Office, Retail and Sales and Warehouse uses. The parking requirement for Office uses are one space for every two employees plus one space per 500 SF of office area. The area was not delineated on the drawings submitted. Written documentation states there are seven employees on premises, therefore, at a minimum, seven (7) parking spaces are required for the office area. The Retail Sales and Service area requires one parking space per each 200 SF of area. The project description states the facility is 5000 SF of retail, therefore twenty-five (25) spaces are required. The warehouse area require one space for every 1000 SF of area, therefore thirty-six (36) spaces are required. Total parking required for this facility, as described in the descriptive text is sixty-eight (68) spaces. The site shall also be in compliance with the Americans with Disabilities Act at all times. Section 23-3-250.A.3 Street Access. Lots shall have safe access to an approved public or private street. The design designation of any street or highway as to type shall be in conformance with that shown on the county thoroughfare plan and/or the master plan of the affected municipality. The existing access is adequate as no new accesses will be approved per this amendment to AmSPR-290. The applicant shall contact the Weld County Department of Public Works, Development Division for a determination of adequacy and for final approval of the ingress and egress criteria. Section 23-3-250.A.4 Required Yards - Offset No use or accessory use may be located closer than ten (10) feet to its lot line. Fences over six (6) feet in height are not required to comply with the minimum offset and may be located on the property line. The plans submitted with the application materials have not delineated the offset. However, staff is aware of the current on-site conditions and the offset requirements are approved per this amendment to AmSPR-290. Section 23-3-250.A.5.A Required Landscaped Areas No more than eighty-five percent (85%) of the total area of a lot shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably landscaped. There was a schematic Landscape and Screening Plan submitted with the application materials. The existing and proposed landscape is adequate and will be approved per this amendment to AmSPR-290. It is important to note that all landscape material shall be natural and in good health, and not stressed due to lack of water, proximity to adverse conditions or diseased. Further, noxious weeds over 12 inches in height shall be eradicated. For further information please contact the Weed Management Specialist for Weld County at 970 356-4000 extension 3750. Section 23-3-250.A.6 Areas used for trash collection shall be screened from public rights-of-way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal-scattered trash. The application materials fail to delineate the location of the dumpster on the plat(s), further it is unknown if there is currently, or proposed appropriate screening as outlined in this Section of the Code. Section 23-3-250.A.7 Water Supply. Uses shall have an adequate source of potable water. The application materials state that water is provided by the Little Thompson Water District. The applicant shall meet all requirements of the Weld County Department of Public Health and Environment and the Mountain View Fire Protection District. The applicant shall meet the requirements and provide written evidence of approval to the Department of Planning Services from the Weld County Department of Public Health and Environment and the Mountain View Fire Protection District. Section 23-3-250.A.8 Sewage Disposal. Uses shall have adequate sewage disposal facilities. The application materials state that sanitary sewer will be provided by the I.S.D.S. per permit#SP-9900492. The drawings associated with this application state the septic tank is 2000 gallons and there are two leach fields of approximately 3888 SF in area. The applicant shall meet the requirements and provide written evidence of approval to the Department of Planning Services from the Weld County Department of Public Health and Environment. Section 23-3-250.A.9 Outside Storage. Uses involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public rights-of-way and all adjacent properties. The application materials and supporting drawings do not indicate that outdoor storage will be utilized. The applicant shall provide written and photographic evidence of any existing and proposed outside storage. Should there be any construction on site at any time, the applicant shall provide written evidence of the screening of all outdoor storage located on site during the course of construction on the property. Section 23-3-350.B. Operation Standards. Uses shall demonstrate conformance with the following operation standards to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation of the Uses permitted shall conform to these standards. Section 23-3-350.B.1 Noise. Uses and structures shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101 C.R.S. The applicant shall meet the established standards set by the Weld County Department of Public Health and Environment. Section 23-3-250.6-2 Air Quality. Uses shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. The applicant shall meet the established standards set by the Weld County Department of Public Health and Environment. Section 23-2-250.6.3 Water Quality. Uses shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission. If applicable, the applicant shall provide additional information regarding the commerncial well if required through the Weld County Department of Public Health and Environment referral. The applicant shall provide written evidence that the existing sanitary system is in compliance with the Weld County Public Health and Environment guidelines and standards for both the existing facility and for the proposed addition to the facility. Section 23-2-250.6.4 Radiation and Radioactive Materials. The handling, use, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government. The application materials do not indicate this is applicable, should this not be the case, the applicant shall provide additional information to the Weld County Department of Public Health and Environment. Section 23-2-250.6.5 Heat. Uses shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the Lot line more than five (5) degrees Fahrenheit. The application materials do not indicate this is applicable, should this not be the case, the applicant shall provide additional information to the Weld County Department of Public Health and Environment and the Department of Building Inspection. Further, the applicant shall obtain a written approval from the Mountain View Fire Protection District stating that the facility is in compliance with the Fire Code. (Section 23-2-80.C) • • 1 Section 23-2-250.B.6 Light. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with or construed as traffic control devices. The application materials did not include a Lighting Plan. Given that exterior lighting is part of this facility, all light standards shall be delineated on the Site Plan Review Plat. The applicant shall obtain a written letter of approval from CDOT stating that the lighting standards and requirements have been addressed to the satisfaction of the Colorado Department of Transportation. Section 23-2-250.B.7 Property Maintenance. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. The application materials do not address property maintenance. Future correspondence shall identify how the property will be in compliance with this Section of the County Code. Section 23-4-50. Off Street Loading. The applicant shall delineate on the Site Plan Review plat the location of the loading zone that is in compliance with Section of the Code. There shall be parking or staging of trucks within the public right-of way. Further, the applicant shall meet all requirements of the Department of Public Works concerning access and circulation of vehicles for this proposed facility. Section 23-4-90 Signs. The application materials address the issue of on-site signs. No new signs are requested per this Site Plan Review Amendment. Certifications: The Property Owners Certificate shall include the name of the individual signing the plat, including evidence that this individual has the authority to sign all legal documents for the Realty Income Corporation. The date for the Notary Public shall be amended to reflect the year 2007, and the date for the Department of Planning Services Notary shall also be amended to reflect the year 2007. The proposed Project Notes shall be amended to reflect new language per the Weld County Code. The applicant shall either install the required on-site improvements of enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation and non-transportation elements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Site Plan Review plat. rMEMORANDUM TO: MICHELLE MARTIN, PLANNING SERVICES iiiiI ��``� FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH vy C. SUBJECT:8 MS R 90 REALTY INCOME CORPORATION DATE: 21/2007 COLORADO CC: Environmental Health Services has reviewed this proposal for a 5,000 sq ft retail sales area in addition to a RV Maintenance/Service Center. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application, for the on-site paint booth, from the Air Pollution Control Division (APCD), Colorado Department of Health and Environment. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements. 2. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 3. The applicant shall provide a detailed design and operation plan for the area used for equipment or vehicle washing. The washing area shall be designed and constructed to capture all effluent and prevent any discharges in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. 4. The septic system serving the RV maintenance shop shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems 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. 5. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) Application from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, for the wash bay floor drains to the detention pond, to satisfy requirements as delineated in 5 CCR- 1002-61. Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. 6. 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. 7. 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. 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). We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to operation: 1. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater 2 contamination. 2. 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. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan". 5. Any vehicle washing area(s) shall capture all effluent and prevent discharges from washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 8. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 9. 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. When the existing septic system fails and a municipal sewage treatment system becomes available the facility shall be required to utilize the municipal sewage treatment system. 10.The facility shall utilize the existing public water supply. (Little Thompson Water District) 11.AIl potentially hazardous chemicals must be stored and 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). 12.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 3 13.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 4 116 a • • 44) I Weld County Referral eJuly 17, 2007 COLORADO AMENDED REFERRAL NOTICE - Formerly AMSPR-415 - Planner should be Michelle Martin, not Roger Caruso The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-290 Please Reply By August 13, 2007 Planner Michelle Martin Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature i / 7 — �3 - 7 Agency Date +Weld County Planning Dept. ❖4209 CR 24.5, Longmont,CO.80504 +(720)652-4210 ext.8730 +(720)652-4211 fax DEPARTMENT OF PLANNING and BUILDING SERVICES (I t, Weld County Administrative Offices 4209 CR 24.5, Longmont, CO 80504 WEBSITE: www.co.weld.co.us Phone (720) 652-4210, Ext. 8736 lURe COLORADO 23 July 2007 Applicant: Reality income Corporation Case Number AmSPR-290 Project: Site Plan Review for Retail Sales in addition to RV Maintenance/Service Center. Legal: NW4, of the 6`h PM, Weld County, Colorado. Location: South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road Parcel Number 1207 23 202014 There are four building permits on record for this parcel BC-9900994, BC-0001148, BCS- 020161 and BCS-030450 all have been finaled. Prior to any alterations, change of occupancy or new construction being initiated at this site; 1 A building permit application must be completed, and Mc complete sets of engineered plans must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. 2 A plan review must be approved and permit must be issued prior to the start of construction. 3 The new office shall conform to the requirements of the 2006 International Building Codes, the 2005 National Electrical Code and Chapter 29 of the Weld County Code. 4 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). 5 A Flood Hazard Development Plan is required for buildings located within a 100 year flood plane. 6 A letter from the fire district to ascertain if a permit is required. Sincerely, Robert Powell Building Plans Examiner Service,Teamwork,Integrity,Quality FROM :GERDOM & ASSOC ` FAX NO. :3038285244 .g. 16 2007 01:16PM P1 i iti :eRECEIVED JUL 2 8 20117 gimWeld County Referral C July 17,2007 • COLORADO AMENDED REFERRAL NOTICE- Formerly AMSPR-41 S- Planner should be Michelle Martin, not Roger Caruso The weld County Department of Planning Services hes received the following Item for review: 111 • Applicant Realty Income Corporation Case Number AMSPR-290 1 Please Reply By August 13,2007 Planner Michelle.Martin I Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M.,Weld County,Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the I-25 Frontage Road. For a more precise location,see legal. Parcel Number 1207 23 202014 Astialaikaanialaili The application is submitted to you for review and recommendation. Any comments or recommendation you, consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ��❑,,I We have reviewed the request and find no conflicts with our interests. lt( See attached letter.y< Comments: • • • Signature S. /to, 07 Agency ,az4t4 8?C Mevel Date. +Weld County Planning Dept 04209 CR 24.5,Longmont,CO.80504 0(720)e52-4210 ext8730 ,0(720)6524211 fax FROM :GERDOM & ASSOC • FRX NO. :3038285244 111. 16 2007 01:16PM P2 MEMORANDUM TO: Michelle Martin,Weld County Planning Servi s FROM: Joe Gerdom,Town Planning Consultant DATE: August 13,2007 SUBJ: Weld County Referral—AMSPR-290 S' an Review:Camping World This referral is for the use of an existing 40,000 square foot building located on an 8.5 acre lot in the Rademacher Business Park,east of I-25 and south of WCR 32.The proposed uses would be a 5,000 square foot RV.parts and accessory sales business and an RV service and repair use in the remaining area. On behalf of the Town of Mead,the Board of Trustee's has requested Weld County consider the following issues and points related to this request. 1. Please carefully review the adequacy of sewage treatment.We are aware that a private system in the area has failed.By annexing to Mead,the property could access the Town's waste water treatment facility. 2. The lot is contiguous with the Town of Mead corporate limits(southeast corner). 3. Access to the property can only be obtained by utilizing the streets and roads within the Town of Mead. 4. Given the clear community of interest and the fact that this proposal is well within the Mead Planning Area,we would request that the development not be approved and the applicants directed to submit the request to the Town,including a request to annex. WC_o80 07 AMSFR290 GPRDOM&ASSOCIATES • 935 PETRAS STREET,ERIE,COLORADO 80516 • GERDOMASSOC®MSM.COM • 101 8211.5244 Weld County Referral C. July 17, 2007 COLORADO AMENDED REFERRAL NOTICE - Formerly AMSPR-415 - Planner should be Michelle Martin, not Roger Caruso The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-290 Please Reply By August 13, 2007 Planner Michelle Martin Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 c24 :07 12:1 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature 1�..—G C �UCeit r 2) 2 ao Agency .l-f/C.fs'/ear o/ANC c E Date ❖Weld County Planning Dept. ❖4209 CR 24.5, Longmont,CO.80504 ❖(720)652-4210 ext.8730 +(720)652-4211 fax Weld County Sheriffs Office M e mo To: Michelle Martin From: Ken Poncelow Date: August 8,2007 Re: AMSPR-290 The Sheriffs Office approves this plan. Please notify the developer/owner that the Sheriff's Office would be willing to assist in the development of a security plan for the site free of charge. If this is of interest, please have them contact me. 1 (it • • Weld rerinty Planning Departmer , :WEST BUILDING CC JUL 3 0 2007 E 'EIVEp Weld County eerral C. July 17, 2007 COLORADO AMENDED REFERRAL NOTICE - Formerly AMSPR-415 - Planner should be Michelle Martin, not Roger Caruso The Weld County Department of Planning Services has received the following item for review: Applicant Realty Income Corporation Case Number AMSPR-290 Please Reply By August 13, 2007 Planner Michelle Martin Project Site Plan Review for a 5,000 sq ft Retail Sales area in addition to an RV Maintenance/Service Center. Legal NW4 of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Camelot Circle and 1/4 mile east of the 1-25 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. Lal See attached letter. Comments: Signature __C SO A Agency N � U:e a` < e\ 9 z \O:6 k Date +Weld County Planning Dept. ❖4209 CR 24.5,Longmont,CO.80504 ❖(720)652-4210 ext.8730 ❖(720)652-4211 fax • M°"NrA'^ •MOUNTAIN VIEW FIRE PROTECTION DISTRICT • a Administrative Office: 9119 County Line Road• Longmont, CO 80501 E ��• e (303) 772-0710• FAX (303) 651-7702 VIEW July 26, 2007 Ms. Michelle Martin Weld County Planning Department 4209 Weld County Road 24.5 Longmont, CO 80504 Dear Ms. Martin: I have reviewed the submitted pertaining the AMSPR-290 to add retail sales to the existing maintenance/service center located at 4048 Camelot Circle in Weld County. The Fire District does not object to use of the facility for retail sales. Should remodel work occur within the building to accommodate the retail component plans for the remodel will need to be submitted to the Fire District for review and approval prior to the issuance of building permits. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions, please contact me at(303)772-0710. Sincerely, Cn- aim) \ 9, , LuAnn Penfold Fire Marshal LMP/lp cc: project file IpO7.24.07 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 14308 Mead St..Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 4D Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 JUL-19-2007 THU 07:31 AM SOU HWEST WELD PLANNING FAX NO. 7�652 4211 P. 01 --- ---- -� PAGE 01/01 07/19/2087 06:58 9705323734 LTWD a(lilt 4;3/4. ' Weld County Referral IllyC July 16,2007 COLORADO The Weld County Department of Planning SeMOOS has received the following Item for review: Applicant Realty Income Corporation Case Number AMSPR-415 Please Reply By August 13.2007 Planner Roger Caruso —_— Project Site Plan Review for a 5,000 aq ft Retell Sales area in addition to an RV Legal Malntenance/Service Center. NW4 of the 6th P.M.,Weld County,Colorado, Location South of and adjacent to Camelot Circle and 1/4 mlle east of the 1-26 Frontage Road. For a more precise location, see legal. Parcel Number 1207 23 202014 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give MI consideration to your recommendation. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under review during ern the e it of Planning emcees. l y Se rvices. desire to examine or obtain this additional information,please call ❑ We have reviewed the request end find the it does/does not comply with our Comprehensive Plan • We have reviewed the request end find no conflicts with,ourinterests. ❑ See attached letter, comments: F/V,I',g# Jars QFT//f AM*" Pxirf titl tiir w.7 ti, .l<GiSt pnik*vr of Psis ttn/P .F,v9frcfleW flu' 14W?, Signature �� O'7// f/c Agency TffArfPrelp j,.9 $c AlVeficir Pate AWeld County Rimming Dept- 04209 CR 24.$,Longmont,CO,80504 A(720)892.4210 axt.e130 P(720)6524211 fax Michelle Martin From: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] Sent: Thursday, July 19, 2007 1:48 PM To: Michelle Martin Cc: Roger Caruso Subject: Realty Income Corp/AmSPR-290 Michelle, I reviewed this proposal and have determined that when we granted access to the frontage road several years ago, we considered volumes such as this is proposed to generate. CDOT has no comment. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Access Manager CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 1 f is , .' a ._......... . . .M n " . r.: „.., r 1 } any. v<�S S::.BP. s , \ , N. i S • 1 , I 4 Is : 4 f Sk i ....._,,iie . r' ....„.....„.../ rS, ! ' , ... � t is I 4. \ ---......— ( ,.4 3 - r - r -, .. ..:gg Sig I t "r—y I , ,<' F i i it I i I i I Vs ail,„, t 1 J t: a +..--..,,. r g. I 1 i /...--'. 2 . • ,,� ``` . 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Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Date: Road# File#: Other Case#: RE : Phone '760_j --zq$1 1. Applicant Name City qtr , C,,; 0 State c k Zipgtbtr Address `L2�3 W P' �°.r,Cs� ��---1- 110Ne '( ewAtiiA- CAroke- La w�Ow.k , Ga 2. Section or Location wo sAhip S Range Subdivision Block I Lot 14 Section 2� Township 3 N 9 -� Weld County Road#: CLUN .tY Side of Road 5001Af.- Distance from nearest intersection CArcAe. t� 3. Is there an existing access to the property? Yes K No #of Accesses 4. Proposed Use: ❑ Permanent ❑ Residential/Agrcultural ❑ Industrial ❑ Temporary ❑ Subdivision SQ, Commercial ❑ Other 5. Site Sketch Legend for Access Description: I II AG = Agricultural W - 32• RES = Residential L. — O&G = Oil &Gas D.R. = Ditch Road t. 0 = House /1 "� ❑ = Shed L V ttiI0k A (s- A =Proposed Access Circle L' A =Existing Access "(.) v 4 NT —11 Nw1 bb OFFICE USE ONLY: Date Accidents Date Road ADT Accidents Date Road ADT Date Size Length Drainage Requirement Culvert Special Conditions ❑ Installation Authorized ❑ Information Insufficient Title: Reviewed By: -6- 05632 DETACH AND RETURN ABOVE STUB WITH REM I CYCLE 2'PTAN Billing Period II Date Due Date TOTAL DUE Account# ServiceC Address 03/21/07 to 04/20/07 04/20/07 05/15/07 $ 19.20 5632 4047 Camelot Cr - Current Charge Previous MuIt. Usage Yr Ago Cd Description Date Read` Date Read PREVIOUS CHARGES 19 .20 PAYMENTS THROUGH-04/09 19 .20 �� 19 .20 03/08 902516 04/10 902516 GAL 0 0 CU WATER 7, 9_74 By Current Charges 19.20 Little Thompson Water District TOTAL AMOUNT DUE .$$19.23 Previous Balance due upon receipt . * A 1% Penalty will be added to delinquent accounts . Rates : Residential 5/s"Base = $19 . 20/mo 0-25 , 000 = $ 2 . 10/1000ga1s 25 , 001>40 , 000 = $ 2 . 70/1000ga15 Legend: E - Estimated Reading Little Thompson Water District CU - Code 835 E Hwy 56 CU - Current Use (gallons) Berthoud, CO 80513 CR - Credit 970-532-2096 R - Crit DETACH AND RETURN ABOVE STUB WITH REMITTANCE CYCLE 2 03426 Account# Service Address • Billing Period Bill Date Due Date TOTAL DUE 3426 14504 Frontage Rd 03/21/07 to 04/20/07 04/20/07 05/15/07 $ 101.99 Previous Current MuIt. Usage Yr Ago Cd Description Charge Date Read Date Read PREVIOUS CHARGES 137. 64 PAYMENTS THROUGH-04/09 137 .64 03/08 1006737 04/10 1042662 GAL 35925 25367 CU WATER 10 :99 L n BTEtalk 5y,_ , 700 \,...-.....—.. . Little Thompson Water District Current Charges 101.99 TOTAL AMOUNT DUE $101.99 Previous Balance due upon receipt . * A 1% Penalty will be added to delinquent accounts . Rates : Residential 5/8"Base = $19 . 20/mo 0-25, 000 = $ 2 . 10/1000gals 25, 001-40, 000 = $ 2 . 65/1000gals >40, 000 = $ 2 . 70/1000gals . Legend : E - Estimated Reading Cd - Code Little Thompson Water District CU - Current Use (gallons) 835 E Hwy 56 MC - Miscellaneous Berthoud, CO 80513 CR - Credit 970-532 -2096 DETACH AM) RETURN ABOVE STUB WITH REMITTAN- 03281 CYCLE 2 Billing Period ill Date Due. Date TOTAL DUE Account# Service Address. 3281 14504 Frontage Rd 03/21/07 to 04/20/07 04/20/07 05/15/07 $ 46.68 Previous Current I MuIt, I Usage I Yr Ago ICd I' Description I Charge Date Read I Date Read PREVIOUS CHARGES 39 .07 PAYMENTS THROUGH-04/09 39. 07 03/08 2902334 04/10 2915418 GAL 13084 5676 CU WATER \ 46'.68 ym Little Thompson Water District Current Charges 46 .68 ITOTAL AMOUNT DUE $46.68 Previous Balance due upon receipt . * A 1% Penalty will be added to delinquent accounts . Rates : Residential 5/8"Base = $19 . 20/mo 0-25 , 000 = $ 2 . 10/1000gals 25 , 001-40 , 000 = $ 2 . 65/1000gals >40 , 000 = $ 2 . 70/1000gals Legend : E - Estimated Reading Cd - Code Little Thompson Water District CU - Current Use (gallons) 835 E Hwy 56 MC - Miscellaneous Berthoud, CO 80513 CR - Credit 970-532-2096 05631 TOTAL DUE 5631 40488 Camelot Cr )ETA AND RETURN ABOVE STUA WITH y�C CYCLE 2 Period I Date Due Date Account?! Service Address Billing 03/21/07 to 04/20/07 04/20/07 05/15/07 Previous Current FOWL Yr Ago Cd Description Charge Date Read Date Read PREVIOUS CHARGES 59.-- PAYMENTS THROUGH-04/09 59.30' ', 27191 CU WATER 3663 -i 94 .66 J3/OB 6309927 04/10 6343590 GAL 3 1T I LLY T ERR2 N? ey Current Charges 94 .66 Little Thompson Water District TOTAL AMOUNT DUE $94.66 Previous Balance due upon receipt . * A 1% Penalty will be added to delinquent accounts . Rates : Residential 5/8"Base = $1210/10 0-25 , 000 = $ . 00ga1s 25 , 001-40 , 000 = $ 2 . 65/1000ga1s >40 , 000 = $ 2 . 70/1000gals Legend: E - Estimated Reading Little Thompson Water District Cd - Code 835 E Hwy 56 CU - ce Use (gallons) Berthoud, CO 80513 MC R - Miscellaneous di 970_532-2096 CR - Credit WELD COUNTY DF?ARTMETDF PUBLIC HEALTH AND ENVIRCIENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Finales Permit #: SP-9900492 Sectlwn/Rng: 23 03 68 Status: - Owner: KINGS COURT PROPERTIES LLLP Applied: 09/24/1999 Applicant: KINGS COURT PROPERTIES LLP Issued: 05/24/2900 Permit Type: CNEW C=Commercial,R=Residential+NEW,REPair,VauLT Finaled: g1,2 S -Lcr7) Parcel #: 1207-23-2-02-002 /' Location: PENING RADEMACHER BUS PARK LT 14 BLK 1 2 <ic c18(,Qi w tefo Legal Description: RAD L2 BLK1 RADEMACH ER BUSINESS PARK PUD AMD PLAT=- SUB:RAD Installer: `,VLh-c_-Gc-t, Description: COMMERICAL SHOP RV MAINTANCE SHOP Commercial: Y Residential:N Acres: 1.5 #of Persons: 00 Basement Plumbing: # of Bedrooms: Bathrooms - Full: 0 3/4: 0 1/2: 0 • Water Public: Y Water Source: LITTLE THOMPSON Water Private: N Cistern: N Well: N Well Permit #: N/A Percolation Rate: 200 Limiting Zone: 5 ft 0 in Description go Ground Slope: 0 Dir: Soil Suitable: (Y/N) Y Engineer Design Required: (Y/N) Y In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers Septic Tank: 2000 gallons Absorption Trench: 0 square feet or Absorption Bed: 7708 square feet Actual Installatio, Septic Tank: gallons Absorption Trench: square feet Absorption Bed: 1 L square feet Design Type: NOTICE The issuance of this permit does not imply compliance with other state,county or local regulatory or building requirements, nor shall it a to certify that the subject system will operate in compliance with applicable state,county and local regulations adopted persuant to Articl 10,Title 25,CRS as amended,except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is not transferable The Weld County Department of Public Health and Environment reserves the right to impose additior terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department f Public Health and Environment. AtSC - Nato jec Environmental Health Specialist Date Form-S_FINAL r-' Hello