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SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT# /AMOUNT # __ __/$ CASE #ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1 4 6 7 2 3 _ 0 - 0 0 0 6 1
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Lot 4 of Althen—Boyer Sub. 23 1 68
Legal Description , Section , Township North, Range West
Flood Plain: Zone District:__r4a____, Total Acreage: 2.6 , Overlay District:
Geological Hazard:_ __,Airport Overlay District: _—_—
FEE OWNER(S) OF THE PROPERTY:
N a m e
FOSARO, LLC
WorkPhone#303 659 4984 Home Phone# 303 435 4858_Email Address:_
Address: 179LWe]d COunty Road 29
C i t y / S t a t e / Zip Co d e
------- Fort Lupton,-COl a-80621 --------- ---
N a m e
WorkPhone# Home Phone# _ Email Address:
Address:
C i t y / S t a t e / Z i p C o d e
N a m e
Work Phone#_ Home Phone#--- --Em ail Address:_
Address:
C i t y / S t a t e / Zip Co d e
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
N a m e
Donnie Fetters.. iuni or
WorkPhone# 3f1.3 6s9 A984Home Phone# 3x,3 4 5 4B58 Email Address__
Address: —��c�J4_Weld--Couaty_Reacl-29-------- -
C i t Fort Lupton, Colorado 180611 / Z i p C o d e
PROPOSED USE:
Leasing of large equipment, sales of large equipment,
service of large equipment. awtf tatlAN�sd LiSt
- — °F%sac r4 ..d c4v& rd _of usg. 1.114 .
EXHIBIT
2006-2657
^ I(We)hereby depose and state under penalties of perjurythat all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application.If a corporation is the fee owner, notarized evidence must be included indicating that
the signa ory has to legal authority to sign for the corporation.
1 GCc /1 79�
%�'L5f9�iv/ �t�n'� ��
Si ature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does not
pertain to your use, please respond with"not applicable", with an explanation as to why the question is not applicable.
1. Explain, in detail, the proposed use of the property.
2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22 (Com prehensive
Plan).
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning)and the
zone district in which it is located.
4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with
surrounding land uses.
5. Describe, in detail, the following:
a. How many people will use this site?
b. How many employees are proposed to be employed at this site?
c. What are the hours of operation?
d. What type and how many structures will be erected (built) on this site?
e. What type and how many animals, if any, will be on this site?
f. What kind (type,size, weight)of vehicles will access this site and how often?
g. Who will provide fire protection to the site?
h. What is the water source on the property? (Both domestic and irrigation).
I. What is the sewage disposal system on the property? (Existing and proposed).
j. If storage or warehousing is proposed, what type of items will be stored?
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape
plan map as part of the application submittal.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs.
8. Explain how the storm water drainage will be handled on the site.
9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to
begin.
10. Explain where storage and/or stockpile of wastes will occur on this site.
_7_
PUo TRO, .1.9.19C
P.O. Box 192
Fort Lupton, CO 80621
303-659-4984
March 1, 2006
Weld County Planning Services
Attention: Michelle Martin
Re: Document Signing pertaining to USR for 2114 I-25 Frontage Rd.
Dear Michelle,
Donald J. Fetters, Jr. has our permission to sign all documents pertaining to 21141-25
Frontage Rd. property.
Si reg-t.�le`
Donald J. and Nancy L. Fetters
Pri§gRO, 15W
P.O. Box 192
Fort Lupton, CO 80621
303-659-4984
March 1, 2006
Weld County Planning Services
Attention: Michelle Martin
Re: Document Signing pertaining to USR for 2114 I-25 Frontage Rd.
Dear Michelle,
Donald J. Fetters, Jr. has our permission to sign all documents pertaining to 2114 I-25
Frontage Rd. property.
Sic ly,
Do J. Nancy L. Fetters
d
l e/LW 21907 1 L:va aoa30007�{ .,>xa,v.��. ••,•` "". "
10/19/2005 12:48 3035588E, JBL&ASSC PAGE 02/07
Document processing fee
If document is filed on paper $125.00
If document is filed electronically S 50.00
Fees&forms/cover sheets
ate subject to change.
To file electronically,access instructions
for this form/cover sheet and other
information or print copies of filed
documents,visit www.sos.statc.co.us
and select Business Center.
Paper documents must be typewritten or machine printed. won sPAtn eOaorrlce Me ONLY
Articles of Amendment
filed pursuant to§7-90-301,et seq.and§7-80-209 of the Colorado Revised Statutes(C.RS.)
ID number: 20051358297
1.Entity name:
Fusaro, LLC
Of dialling the name afthe lettered liayafy company,IMicole
name BEFORE the name ehenge)
2.New Entity name:
Of applicable)
3.Use of Restricted Words(rainy of these
terms are con rained in an emery name.VIII ❑ "bank"or"trust"or any derivative thereof
name of an entity,trade name or trademark ❑ "credit union" ❑ "savings and loan"
sited in this document.mark the applicable O "insurance","casualty","mutual",or"surety"
boa):
4.Other amendments,if any,are attached.
5.If the limited liability company's
period of duration as amended is
less than perpetual,state the date •
on which the period of duration
expires:
fnm✓dmmy1
OR
If the limited liability company's period of duration as amended is perpetual,mark this box: ✓❑
6. (Optional) Delayed effective date:
OnntiddirDY
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the
individual's act and deed,or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity
AMn1LC raft I oft Key.6/15/2005
10/1912005 12:48 3035588 j.LQ JtAmN»t' r'm"` "' "'
with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic
statutes,and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part,the constituent documents,and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state,whether or not such individual is named in the document as one who has caused it to be delivered.
7.Name(s)and address(es)of the
individuals)causing the document
to be delivered for filing: Fetters Donald Jr.
(Last) (First) (Middle) (Suffix)
1751 Weld County Road 29
(Snagnamo and number or parr Office Box information)
Fort Lupton CO 80621
(City) (Scary (postal( p Code)
United States
(Provb,cs-f apphcable) (Cowry-f nor US)
(The document need not state the nut name and address of more than one Individual. However,if you wish to state the name and address
of any additional individuals cawing Mr document robe dtbveredfot fui,g,mark this box O and include an attachment staring the
name and address ofsuen individuals.)
Disclaimer: •
This form,and any related instructions,are not intended to provide legal,business or tax advice,and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date,compliance with applicable law,as the same may be amended from
time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney,
r.. AMD LLC tage2or2
Rev.6/15/2105
10/17/2065 16:33 303bbeuu4 r,+uc us'SW
OCT-17-2005 PION 09141 Atl FRONT RANGE TITLE _ FAX NO. 3036370558
P. 01
FUSARO LLC
OPERATING AGREEMENT
THIS AGREEMENT is made and entered into this 1a day of August,2005,by and
between Nancy L.Fetters,Donald J.Fetters.Jr.and Donald.1.Fetters.
•
ARTICLE 1
Formation
1.01 Formation. The parties do hereby form a LIrnited Liability Company to do business
as FUSARO LLC. shall be
1.02 Purpose of the Limited Liability Company. The purpose of this comp Y
for lawful
and to engage in transactions
to undertake FUSARO LLC related business and such other lawful business as shall be
determined by the members. Thus company is organized profit
of any or all lawful business within the State of Colorado and in any other state,territory or
es,for which a
limited
possession i or other panin the
United
izze under or e in any
Colorado Ll imited Liabin lity Company Act.
limited liability company may
1.03 Principal Place of Dullness. The principal place of business
stces that
all ef theCounty
members
Read 29,Fort Lupton,Colorado 80621 or at such other place or p
may designate from time to time.
•
1.04 Term. The company shall commence upon proper Mine of the Articles of
Organization with the Secretary of State and shall continue until such time as the company is
terminated in accordance with the Articles of Organization or this Operating Agreement, but in
no ease shall the company continue for a period longer than fifty(50)years.
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OCT-17-2005 MON 09:42 AM FRONT RANGE TITLE FAX NO. 3038370669
P. 02
ARTICLE 2
Capital Contributions
2.01 Initial and Additional Contributions. The initial
ca l contribu Caption
contributions
company prior to its conversion to a limited liability company was
to the company may be made at any time at the option of the members.
2.02 Contributions. Based upon the initial capital contribution,the ownership interests
are as follows:
Nancy L.Fetters $1,000.00
Ronald J.Fetters,Jr. 51000.00
Donald J.Fetters $1000.00
14/le/Yarn ii :JJ .7GJJJCtri l0 JDLghIJJ..r •'•.•r •��
OCT-17-20D5 MON 09:42 AM FRONT RANGE TITLE
FAX NO. 3036370559 P. 03
ARTICLE 3
Company Profits and Losses
and Distribution of bonds
3.01 Profits and Losses. For accounting and federal and state income tax purposes,the
profits and losses of the company shall be allocated as follows:
Nancy L.Fetters 331/3%
Donald J.Fetters,Jr. 33 113%
Donald.1. Fetters 33 1/3 %
3.02 Distribution of Funds. The company shall distribute to each of the members in the
same percentages as provided in paragraph 3.01,cash available from the operations of the
company,on a monthly basis after setting aside a suffcipnt amount of cash for operations of the
company in the reasonably foreseeable future. Upon final dissolution and liquidation ohe
et
company,the assets shall be allocated and distributed in accordance percentages
forth in 3.01 above.
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OCT-17-2005 MON 0942 AM FRONT RANGE TITLE
FAX NO. 3036370b59 P. 04
ARTICLE 4
Accounting and Reports
4.01 Books. The books of the company shall be maintained and kept at the principal
place of business of the company(or at such other place as the members may designate),and said
books shall contain a full and accurate account of the operations of the company.
4.02 Reports. For each accounting year,the books shall
acceptable financial
al
statements and tax returns prepared by an accountant or other person eP
members. Each member shall be untitled to a copy of the financial statements and tax returns•t of the pro member audihall t is madeave the t the expense of the ht to a private `member ks and
it and ds made at f the reasonable
times and such
times and after reasonable notice. Any member shall have the right at his own expense to visit
the principal place of business of the company examine
the booksti and
es accounts as often discus's scup
the affairs,finances and accounts of the company such
reason blby any duly and aso ft authorized
members may desire. The foregoing privilege may
be representatives of any member.
4.03 Bank Account. The company shall open and thereafter maintain in a federally
insured commercial bank a bank account or accounts in the name of the company in which shall
be deposited all of the contributions of the members and all company income and from which
shall be made all company distributions. Funds shall be disbursed from such account or accounts
solely for the business of the company.
le/17/2005 la:34 3U3OOatl7fp .,ct_a,+»U rw.aG Vo, +Y
OCT-17-2005 MON 0943 AM FRONT RANGE TITLE FAX NO. 3036370559
P. 05
ARTICLE 5
Management,Authority,Duties
and Compensation of the Members
5.01 Management of the Company Management of the company shall be vested in the
members. The members of the company initially shall be to-wit:
Nancy L.Fetters.Donald J.Fetters,Jr.and Donald.1.Fetters
5.02 Authority. Members shall have the authority and responsibility subject for
the to the full
itations
management and control of the affairs and operations of the company,
set forth In this agreement. However,without the prior consent or ratification of the specific act
by all members,a member shall have no authority to:
(a) Do any act in contravention of the Articles of Organization or this Operating
Agreement
(b) Do any act which would make it impossible to carry on the ordinary business of the
company or which is not within the usual course of business of the company;
(c)Borrow hinds on behalf of the company;
(d)Confess a judgment again the company; n for
(e)Possess company property,or assign his or her rights in specific company property y
other than company purposes:
(t)Transfer,sell or assign his or her interest in the company,except as otherwise
provided in this agreement;
(g)Admit another person as a member or issue an interest in the company,except as
otherwise provided in this agreement; following a sell
(b)Except in connection with the winding
a sin 1f of the
salecompa tykol place at s one dissolution,me or
substantially all of the assets of the company single
from time to time in multiple sales;
(1)Except in connection with the acquisition or improvement of assets or the refinancing
of previous obligations,mortgage or subject to the encumbrance of a mortgage,deed of trust,or
other security interest substantially all of the assets of the company at one time or from time to
time;
(j)Borrow money from the company;
(k)Deal in stocks,bonds,securities or commodities or in the futures market therefor;
(1)Amend a written Operating Agreement;
(m)Approve a merger or consolidation with another person;
(n)Change the status of the company from one in which management is vested in the
members to one in which management is vested in one or more managers,or vice versa;or
(o)Determine,modify,compromise or release the amount and character of the
contributions which a member shall make,or shall promise to make, as consideration For the
issuance of an interest in the company.
5.03 Duties. The members shall diligently perform their duties as contemplated under
10/17/2005 10:33 30355tnitg, ODL&M DL, r,.ac Cl,, ..
OCT-17-2005 MOH D9:43 AM FRONT RANGE TITLE FAX NO. 3036370659
P. 06
this agreement in accordance with good business practices and good faith in the best interest of
the company. A member shall not be liable to any other member' for performance
aud,gross neglect a of any act,
bad faith
or for the failure to act,so long as such member is not guilty
in such performance or failure.
5.04 Designated Managing Member or Members.
(a) There may be a designated managing member or members of the company who shall
have the responsibility to act on behalf of the company and to carry out the decisions of all the
members by handling the general daily affairs and operations of the company.
o unusual nature with
ging
member or members shall inform the remaining members of any problems
the operations,and the members shall determine by vote of the majority in interest the action to
be taken.
(b)The managing member or members shall diligently perform their duties as
contemplated under this operating agreement in accordance with good business practices. The
managing member or members shall not be liable to the other memb errsrs r the
s we not performance
fraud,
any act or the failure to act so long as the managing member or
gross neglect or bad faith in such performance or failure.
5.05 Compensation of Managing Member. The managing member or members,if any
have been so designated, shall be entitled to receive a salary as set by the members.
5.06 Majority in Interest Required. Approval or consent of more than one-half of the
members' aggregate interests in the company shall be required to decide any matter connected
with the business or affairs of the company.
5.01 Matters Requiring a Vote,Approval or Consent. Any action or vote which must
be taken at a meeting of the members,may be taken without a meeting if consent in writing,
setting forth the action so taken is signed by all the persons entitled to act or vote with respect to
such matter. Such consent shall have the same effect as an act or vote of such persons.
5.08 Execution of Documents. All members so authorized shall execute Articles,
notices or documents permitted or required under the Colorado Limited Liability Act. All
members of the company shall be authorized to execute documents as set forth in this paragraph.
5.09 Tax Elections. The members shall be authorized to make tax elections on behalf of
the company.
r
10/17/2005 10:33 3n3[ )UtI44p O"-°*'»`' I
00T-17-2005 MON 09:44 AN FRONT RANGE TITLE FAX NO. 3038370559 P. 07
•
es-
ARTICLE 6
Meetings of Members
6.01 Regular Meetings. Meetings of the members may be held at such times as may be
reasonable or upon a minimum of 10 days' written notice,with notice deemed to have been given
if sent by mail or other means of written communication to the members of record of the
company.
6.02 Special Meetings. Special meetings may be called at any time by any member of
the company. Such meetings shall be called upon a minimum of 10 days' written notice and not
more than 60 days' written notice.
6.03 Waiver of Meeting. The members may take action without a meeting by executing
a writing signed by al of the persons who would be entitled to vote at a meeting.
6.04 Written Proxy Permitted. Members may execute a written proxy which shall be
valid for three years unless the person executing it specifies therein the length and time for which
such proxy is to continue in force.
6.05 Quorum. The presence,in person,or by proxy.of persons entitled to vote a
majority of the voting interest of the company shall constitute a quorum for the transaction of
--
business.
•
18/17/2005 10:33 3G30DdHytp JDLdHJJI. • •^"t- "
OCT-17-2005 NON 0945 AN FRONT RANGE TITLE _
FAX NO. 3036370559 P. 08
ARTICLE 7
Disposition of Company Interest by a Member
7.01 Sale or Assignment. No member may sell or assign his or ha interest in the
company without first giving written notice to the other members of their intention to sell or
assign their interest and of the considerationn e a within t has
been
be too give thered members for such rs of rest, The
r intent
other members shall have thirty(30) Y or sf any notice not wish to
to purchase such ii merest in proportion to their interests in the company, an do n interest in such
purchase such interest,one or more of the remaining
proportion as they may agree upon,all for the same consideration and on the seine terms and
conditions that were set forth in the notice front the member who
or any part sf ll such is interest within
If
the remaining members do not consummate the purchaseof a total of ninety(90)days from the date the selling member gave notice oftisd that intent h s to or
sell,the member may sell or assign his or her interest
forth ithird
n rde party,
ty,pr to the other members, r
An
assignment is not for consideration less than that es
assignee of a member shall only be entitled to the profits, losses and distributions to which his or
her assignor wa$entitled and shall not become a member unless all members consent to a
substitution of such assignee in the place of the assignor. Such substitution shall become
effective upon the execution of an amendment to this Operating Agreement.
7.02 Continuation of the Company. Members may continue the business or affairs of
the company upon an event of withdrawal,judicial determination of incompetency,or
bankruptcy of a member,including the managing member or members, upon the approval of all
remaining members.
10/17/2085 10:33 3B17tltlylp �n�mtaax, �` `we ..
OCT-11-2005 NON 0945 AN FRONT RANGE TITLE FAX NO. 3036370559 P. 09
ARTICLE 8
Death of a Member
8.01 Purchase of Insurance. The company may purchase insurance on the life of one or
all of the individual members,with the consent of the majority in interest of all members.
Anyout the
such insurance will also become subject to the terms and conditions of his agreement
necessity of any amendment hereto.
8.02 Death of an Individual Member. In the event of the death of an individual his
member the company shall apply for the payment of the proceeds of fe insurance,
anhe estate i'e of on and/or
or her life. The company may purchase,at its option and upon agreement
the trustee or other duly qualified representative of the member may sell,at his or her or their
option as the case may be,the member's entire interest in the company for a total price equal in
value to the member's interest in said company to be determined by appraisal. Such total
purchase price shall be pro-rated among the remaining members according to their respective
interests in the company. Should the company and duly qualified representative(s)OT trustee(s)
of the estate decide not to exercise their respective options to purchase and sell the deceased
member's interest,any remaining original member of the company shall be entitled and
authorized to continue the management of the company without input or interference from
outsiders or family members of the deceased members notwithstanding the continuation of
allocation of profits and losses of the company to the lawful heirs and beneficiaries of the
deceased member.
8.03 Continuation of the Company. Members may continue the business or affairs of
the company upon an event of withdrawal by death of a member upon the approval of all
remaining members.
10/17/2005 10:33 Sed55eeyJ.tr ,.,c4-ar00%.
OCT-17-2005 NON 09:46 All FRONT RANGE TITLE FAN NO. 3036370559 P. 10
ARTICLE 9
Dissolution and Termination of the Company
9.01 Causes of Dissolution. The company shall be dissolved upon the happening of any
one of the following events:
(a) Agreement of a majority in numbers,not in interest,of the members.
(b)Bankruptcy or insolvency of the company.
(C)Death of or complete disability of the members.
9.02 Procedures Upon Dissolution. Upon the dissolution of the company,a financial
statement shall be prepared by the members or the company's accountants and shall set forth the
assets and liabilities of the company,and a copy of such statement shall be furnished to each of
the members within a reasonable time after such dissolution. Based upon this statement,the
assets shall be liquidated as promptly as possible by the members. The members shall apply the
proceeds of the company in accordance with the provisions lifts agreement. A reasonable time
for the orderly liquidation shall be allowed. If any distribution is made in kind,then each
member shall become the owner of the undivided interest in the property so distributed.
ARTICLE 10
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OCT-li-2005 M0N 09:46 All FRONT RANGE TITLE
FAX NO. 3036370559 P. 11
Miscellaneous
10,01 Notices. Any notices given pursuant to this agreement may be saved personally on
the member to be notified or may be mailed,postage prepaid,certified with return receipt
requested,addressed as follows:
Donald I. Fetters,Jr. Agent
1791 CR 29
Fort Lupton,Colorado 80621
Any member may change the address for notice upon written notice to all other members.
10.02 waiver of Notice. When,pursuant to the Colorado Limited Liability Company Act
or the provisions set forth is the Articles of Organization or the provisions herein of the operating
Agreement,notice is required to be given to any person,a waiver in writing signed by that
person,whether before or after the time stated in it, is equivalent to the giving of notice.
10.03 Successors and Assigns. All the terms and conditions of this agreement shall be
binding upon the successors and assigns of the memthe members,
successorso v nt shaent ll ofthe to ms andrs
e terms and
conditions of this agreement inure to the benefit
except as otherwise expressly provided in this agreement.
10.04 Counterparts. This agreement maybe executed
cu ed in one or s shall constite c one counterparts,
t rp Use same
cachof which shall be deemed an original, and art.
instrument which shall be sufficiently evidenced by one oounrt rP
10.05 Captions. Captions to the headings of the articles stud sections of this agreement
are solely shall not be used for the interpretation or determination of the the convenience of the parties and are not a part validity f this of this agreement
ement end rt or an 0Y
provision hereof.
10.06 Entire Agreement. This agreement constitutes the entire understanding between
the parties with respect to the subject matter.
10.01 State Law. This agreement and its application shall be governed by the laws of the
State of Colorado.
10.08 Person. "Person"includes individuals,partnerships,domestic or foreign limited
partnerships.domestic or foreign limited liability companies,domestic or foreign corporations,
trusts,business trusts,real estate investment trusts.estates,and other associations or business
entities.
10.09 Amendments. The Operating Agreement may be amended In whole or in pot by
approval of ell members,in accordance with the Colorado Limited liability Act.
10/17/2005 10:33 303bbatl0 J0ai-tool. 1-1ac Je +.
OCT-17-2005 NON 09:47 AN FRONT RANGE TITLE FAR NO. 3036370559
P. 12 ,
10.10 Custodian of Documents. The company shall keep its principal place of business
the following:
(a)A current and a past list, setting forth the full name and lest known mailing address of
each member or manager,if any,set forth it alphabetical order;
(b)A copy of the Articles of Organization and atltarticles hich ane amendment thereto, together
with executed copies of any powers of attorney p
executed;
(c)Copies of the company's federal,state,and local income tax returns and reports,
if
any,for the three most recent years or,if such returns and reports ware not prepared for any
reason,copies of the information and records ep federal,state,or and s should returns for such
to,the members to enable theta to prepare
period:
(d)Copies of any effective written Operating Agreements,er � and all amendments thereto,
and copies of any written OperatingAgreements
ect
(e)Copies of any financial statements of the company for the three most recent years;
(f)unless contained in a written Operating Agreement,a writing setting out;
(1) The amount of cash and a statement of the agreed value of other property or
services contributed by each member and the times at which or events upon the happening of
which any additional contributions agreed to be made by bdete��et be marelativ voting
(2)Information that would enable a member are other than on a per capita
rights of the members on a particular matter if such voting rights
basis;and
(3)Any events upon the happening of which the company is to be dissolved and
its affairs wound up;
(g) Copies of any written promise by a member to make a contribution to the company;
(h)Copies of any written consents by the members to the admission of any person as a
member to the company;
(i)Copies of any written consents by the members to continue the company upon the
event of withdrawal of any member:and
(j)Copies of any other instruments or documents reflecting matters required to be in
writing pursuant to the Operating Agreement.
10.11 Members'Right to Inspect. Each member may:
(a)Inspect and copy during ordinary business hours,at the reasonable request anti at the
expense of such requesting member,any of the company records required to be kept as set out in
paragraph 10.10 above;
(b)From time to time upon reasonable demand,obtain true and full information regarding
the state of the business and financial condition of the company;and
(c)Have an accounting of the affairs of the company whenever circumstances render it
just and reasonable.
10.12 Company. The use of the term"company"herein refers to FUSARO, LLC.
10.13 Act. The use of the term"Act"herein refers to the Colorado Limited Liability
Company Act.
18/17/2005 10:33 101D5tltl,W JDLWHJJ'..
OCT-17-2005 HON 09;47 AM FRONT RANGE TITLE FAX N0. 3036370559
P. 13
10.14 Tax period and Annual Report. The company shall be taxed as a partnership
under Colorado law. The tax period for this company will end as of the 3151 day of December.
An annual report,along with any franchise tax due,shall bo filed with the Secretary of State no
later than the 15°1 of April following the close of the tax period.
10.15 Majority in Interest. A member's interest is based upon his orfoher percentageof
of
profits and losses in the company to which he or she is entitled. A majority, r purposes
voting,approving,or consenting to the affairs or the company,means a majority of all percentages of interest held by members. Majority in interest does not mean a majority of the
number of members of the company.
10.16 Transfers to Revocable Living Trusts. For the purposes of this agreement,any
member may transfer his or her interest in the company to said member's revocable living trust.ld by said living trust,but such interest ect
to t he same events and sfer,legal
tle shall be umstances as if the transferring member continued to hold title l be uin his
or her own name. Further,said transferring member shall continue to exercise all rights and be
liable for all duties imposed by ibis agreement notwithstanding said transfer.
IN WITNESS WIIRI2EU
F,this Operating Agreemen been executed on the date
first above written.
Do J.Fetter ,Jr.
Donald J.F era
c �J
L. a tern
1Ll Ulf LUVO 1G4U JUJUUU9,a,(U J0.0siOh. r"HVC vi/LIZ
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW(USR)QUESTIONNAIRE
The following questions are to be answered and submitted as pert of the USR application. If a question
does not pertain to your use,please respond with"not applicable",with an explanation as to why the
question is not applicable.
1. Explain,in detail,the proposed use oldie property.
The site will be used for renting,selling and repairing tractors commercial junkyard or salvage
yard.(examples:Cat D3-D9 Dozen,Cat 910-992 Loaders,Cat 120-16 Graders,Cat 215-385
Excavators,Cat D250-740 Haul Trucks,Fork Lifts,Cat 613457 Scrapers,Cat 216-287 Skid
Steer.Cat 416446 Backhoe,etc.Other makes include Case,Ford,John Deere,Hitachi,Komatsu,
Mustang,Terex,Volvo etc.)
2. Explain how this proposal is consistent with the Intent of the Weld County Code,Chapter 22
(Comprehensive Wan).
The proposed use is consistent with the intent of the Weld County Code,Chapter 22,
Comprehensive Plan in that this proposed use is the type of use envisioned by the Comprehensive
Plan.
3. Explain how this proposal is ennsistent with the intent of the Weld County Code,Chapter 23
(Zoning)and the zone district in which It is located.
The proposed Chapter 23 and the zone district in which it is located,in that tins proposed use is
consistent with other properties in the area and is consistent with properties which are zoned C-3.
4. What type of uses surrounds the site? Explain how the proposed use is consistent and
compatible with surrounding land uses.
The property to the north is an auto salvage and repair yard for E&H Auto.
The property to the south is a trailer sales yard for Dunlap Trailers.
The property to the east is an auto salvage yard for Jeep Unlimited.
Is consistent and compatible with surrounding land uses in that the proposed use will add to and
benefit the surrounding properties and the nature of the proposed use is similar to the uses of
surrounding properties.
5. Describe,in detail,the following:
a. How many people will use this site?
The amount of people that will use this sire will be approximately 6-20.
b. How many employees are proposed to be employed at this site?
Anywhere from 4-10.As of today there will be 4.
c. What are the hours of operation?
The hours of operation will be 8:00 am to 5:00 pm,Monday thru Friday.
d. What type and how many structures will be erected(built)on this site?
The current building will be used.There arc no current plans to add any buildings to this
site.
1LFUIILVUO 1L.YV JU.:JJVOJIV
e. What type and bow many animals,if any,.will be on this site?
None
f. What kind(type,size,weight)of vehicles will access this site and how often?
Some commuter cars,delivery trucks(UPS,USF Reddway, FedEx,ac.)Service trucks
(Ford E450,t7MC Topkick/5500.Kenworth T800)(weight: 12000-26000).I would say
that there will be 5-20 vehicles access the sire per day.
g. Who will provide fire protection to the site?
Mountain View Fire Protection.
h. What is the water source on the property?(Both domestic and irrigation).
Shared well
i. What is the sewage disposal system on the property?(Existing and proposed).
Septic
j. If storage or warehousing is proposed,what type of items will be stored?
Tractor parts(buckets,pins,bushings,bearings,seats,cutting edges,teeth,doors,cabs,
hoods,engines,transmissions,differentials,final drives,tires,rims,housings,etc.)
6. Explain the proposed landscaping for the site.The landscaping shall be separately submitted
as a landscape plan map as part of the application submittal.
The landscaping that is currently on property will remain the same with minimal improvement.
7. Explain ally proposed reclamation procedures when termination of the Use by Special
Review activity occurs.
None
8. Explain bow the storm water drainage will be handled on the site.
As it is currently handled.
9. Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin.
The building currently on property.
10. Explain where storage aud/er stockpile of wastes will occur on this site.
In a dumpster towards the front of the property.Waste is expected to be minimal.
r
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497
Road File #: Date:
RE # : _ Other Case #:
1. Applicant Name FVSA2.b et.I.L Phone 3s3 659 ems'
Address 114 Little! Atha, /Z+...s% tct City Frrt Lv{yiw. State Co Zip_ Tee it
2. Address or Location of Access
Section Z3 Township //ti Range 68 W Subdivision 414balkinlock Lot `/
Weld County Road #: Side of Road Distance from nearest intersection
3. Is there an existing access(es)to the property? Yes v No # of Accesses
4. Proposed Use:
❑ Permanent ❑ Residential/Agricultural ❑/Industrial
❑ Temporary ❑ Subdivision � Commercial ❑ Other
5. Site Sketch
Legend for Access Description: � r I
AG = Agricultural
pa
RES = Residential .%
O8G = Oil 8 Gas
D.R. = Ditch Road
= House 145 14
= Shed
1155 r-zsAl
A = Proposed Access
• = Existing Access
NT ors
OFFICE USE ONLY:
Road ADT
Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
-10-
HomeAddress: I wiNiti _City,ST,Zip: rCrf Lien LO ?0G.Z-1
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
43 t i.t t Fc-tye CS Tr. towhee HA( cg Z4 Ft,l.,.p f.n toKapl4
Dew IA:c P 4lc -S V
_ /r1 —�LtL Ltt 2�— W1Of"'t_i_Go s%t 1
Nu,n,c..di r$ JflMJ.Mt1hil AIN$4er_�Z 5 ii/� LIt: 21 Fo G1ot,to *c�I
aQ Business Hours: pr ?a.,n."'5±(?o• Mt• _Days: Meno14.. - E�r:
Type of Alarm: None (Burgla� Holdup Fire -ilent Audible 1 /
Name and address ofAlarm Company:
Location of Safe: bit Ice.
MISCELLANEOUS INFORMATION: pp
Number of entry/exit doors in this building: 4. _Location(s):�s(A6tcie rR R•"1 4-3
Is alcohol stored in building?AM Location(s):_ J
Are drugs stored in building? AIO 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. t/ Physical Security Check ✓ Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:Main Electrical: SOUS% ≤`els. or
r Pre t�_
Gas Shut Off: $aath S1 oIt d Prorcrtt_
ExteriorWaterShutoff:_ tlfi+ Sae. O &Ad:
Interior WaterShutoff: ott% Si o
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Property Legal Description:
-13-
PU§79f O, MC
P.O. Box 192
Fort Lupton, CO 80621
303-659-4984
March 6, 2006
Weld County Department of Planning
Southwest Office
c/o Michelle Martin
4209 County Rd. 24.5
Longmont, CO 80504
RE: Required Parking Spaces for 2114 I-25 Frontage Rd., Erie, Colorado 80516
Lot 4 of Aitken Boyer Subdivision,part SW4 Section 23, T1N, R68W of the 6th
P.M, Weld County, Colorado
Dear Michelle,
The actual Retail Space for this building is approximately 780 square feet. At Weld
County's Standard of 1 spot for every 200 square feet,that would equal 4 parking spaces.
Our employees do most of their work out at the jobsites. We will have 0-4 mechanics in
the shop from time to time. Customer traffic flow will be approximately 0-5 per day.
The maximum number of parking spaces that could fit at this location is a little over
thirty. However, we don't think we would ever use the potential 30 spaces available.
Total square footage for the entire building is approximately 13,000. Approximately
10,500 will be used for our repair and storage area. It will not be used for Retail Space.
Approximately 1,720 square feet will be used for the Office Area.
There will be no problems with making our required Handicap Parking Spot.
Thank you advance for you help with this matter.
Sincerely,
Donald J. Fetters, Jr. (Donnie)
303-435-485$
' I '/yl�NCf
E l UI ' MENT SERVIEE
I P.O. Box 192 L�UC
Fort Lupton,CO 80621
303-659 4984**303-659-9602 fax
pes@gwxnet.net
December 8, 2005
Weld County Planning Department
ATTN: Michelle Martin
4209 County Road 24 1/2
Longmont, CO 80504
Dear Michelle Martin,
The proposed hearing date for the USR on property 2114 I-25 Frontage Road
of March 21, 2006, is acceptable to Donnie Fetters from Fusaro, LLC.
However, if there is an earlier date that becomes available, we will make our-
selves available to appear on that date.
r-
Sincerely,
Donnie Fetters
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