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Home My WebLink About20021785.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CHAMPION CHEVROLET, c/o STEVE BURGESS FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Champion Chevrolet, do Steve Burgess, VI #0200198, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 9th day of July, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, John Oman from Pickett Engineering, representative, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until August 9, 2002, to allow adequate time for the property owner to submit a Change of Zone application for Lot B, and an Amended Site Plan Review for Lots A and B. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200198 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Champion Chevrolet, to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until August 9, 2002, to allow adequate time for the property owner to submit a Change of Zone application for Lot B, and an Amended Site Plan Review for Lots A and B. 2002-1785 Or : F L , U/a L PL0824 VIOLATIONS -VI #0200198 - CHAMPION CHEVROLET, c/o STEVE BURGESS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of July, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY CO RADO ATTEST: �gagill � �� '✓ Glenn Vaad, Clraft' Weld County Clerk to the':+- XCUSED Pr A�7Iavid E. L. 'g, Pro-Tern BY: Deputy Clerk to the Boa�'►a� M. J. c.eile AP O D O ! - • AEXCUSED William . Jerke oun ttorn y VW-U �1r Robert D. Masden Date of signature: 7Al, 2002-1785 PL0824 DATE: June 21, 2002 VIOLATION NUMBER: VI-0200198 NAME: Champion Chevrolet c/o Mr. Steve Burgess ADDRESS: 9050 Highway 392, Windsor, CO 80550 ZONE DISTRICT: C-3 (Commercial) and Agriculture LEGAL DESCRIPTION: Lots A & B of RE-358, also known as part of the NW4 of Section 22, T6N, R67W, of the 6th P.M. , Weld County, Colorado TOTAL ACREAGE: Lot A = 2 .5 Acres (SPR-53) Lot B = 8 .38 Acres (NO APPLICATION) CASE SUMMARY April 2, 1984 Original Site Plan Review (SPR-53) was received. November 19, 1984 Annexed into the Town of Windsor via Kennedy Annexation. January 23, 1998 De-annexed from the Town of Windsor via Kennedy De-Annexation. March 27, 2002 Initial letter sent by Department of Planning Services. April 5, 2002 Five day compliance encouragement letter issued. April 19, 2002 Initial inspection completed. April 20, 2002 Received memo regarding status of violation. May 16, 2002 Violation letter issued. May 17, 2002 Property inspected. Property still in violation. May 21, 2002 Mr. Steve Burgess called. May 24, 2002 I contacted Mr. Steve Burgess for update. June 19, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. June 20, 2002 Property inspected. Property still in violation. June 20, 2002 Mr. Burgess visited the office for information and applications. 2002-1785 Currently, there is a violation of Chapter 23, Article III (3) , Division 1, of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40 .R and Chapter 23, Article III (3) , Division 3, of Sections 23-3-230, 23-3-230 .E and 23-3-230.F of the Weld County Code. To bring the property into compliance the property owner shall restore the property into compliance based upon the existing Site Plan Review (SPR-53) , complete and submit a Change of Zone (COZ) application and an Amended Site Plan Review (SPR) application. The Department of Planning also recommends that the County Attorney authorize legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. �` DEPARTMENT OF PLANNING SERVICES Code Compliance Division i WWW.CO.WELD.CO.US tE-mail Address: bsalzman@co.weld.co.us Ce 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100 COLORAD Fax (970) 304-6498 June 19, 2002 Korf Chevrolet Dealership Attn: Mr. Steve Burgess 9050 Highway 392 Windsor, CO 80550 Mr. & Mrs. Ronald Korf Attn: Stephanie 9050 Highway 392 Windsor, CO 80550 Subject: VI-0200198 Lot A of RE-358 also known as part of the NW4 of Section 22, T6N, R67W of the 6"' P.M., Weld County, Colorado Dear Mr. Burgess and Stephanie: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 9, 2002, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-340 "Uses by special review." Section 23-3-40.R "Any use permitted as a Use by Right,an Accessory Use or a Use by Special Review in the Commercial or Industrial Zone Districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 23,Article Ill, Div 3 "Commercial Zone Districts" Section 23-3-230 "C-3(Business Commercial)Zone District." Section 23-3-230.E "Site Plan Review Required. -No land,building or structure shall be used,changed in use or type of occupancy,developed,erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant for a building permit in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the development and use of property zoned C-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall he accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall he exempt from the Site Plan Review process and shall make application for anoraval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of Section 23-3-230.5 "Performance Standard Compliance Rei.oired. -All amiding, Structures and land located in the C-3 Zone C'utrict shall he located,designed, used and occupied in suc: a manner that.he design and operation standards contained in section 22-3-250 below are met." Korf Chevrolet Page 2 To bring your property into compliance with the Weld County Code: An amended Site Plan Review shall be completed and submitted addressing all concerns(such as:Lighting,parking, exterior storage,the expansion of the parking lot,etc..). Since the property has expanded to a separate property,you may be required to submit more than one application. As a result it remains very important that someone come to the office to visit with one of our"On-call Planners". Additionally,it has been noted that another violation is also pending. The violation(VI-0200138)if in regards to the expiration of a building permit. Both of the above mentioned items will need to be addressed to avoid further legal action.For questions, I would suggest that you come to the office and speak to one of our"On-Call Planners"(Wednesday,7:30 a.m.-4:00 p.m.or Monday or Friday,12:00 p.m.-4:00 p.m.) Additionally,please be advised that we have opened another location to better serve the public. Our other office is located at 4209 WCR 24.5(East of I-25 and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays,8:00 a.m.-4:00 p.m.. No appointment is necessary at either location because individuals are seen in the order they sign in. Additionally,to save time for you and the planner,please bring this letter with you to the office. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, 4a-v\ r\ Bethany Salzma l Zoning Compliance Officer pc:V1-0200198 V1-0200138 Department of Planning Services Department of Building Inspections Bruce Barker, County Attorney :ERV(r. TEAMWORK.:NTEGRITY,QUALITY US,.Postal Service . • '';,CERTIFIED MAIL RECEIPT . (Domestic Mail,Only;•No insurance Coverage Provided)_,: pt; N • k. g 111 ll N at , rn o O m a0 o �' t� ? Postage $ r 4 < >- Z > o Certified Fee ! iu a. \ Postmark cti r Return ReceiLt1pt Fee Here 1 g o ■ (Endorsement Required) __,_._._._.._. _.__ t D 2 'n Ed 0 Restricted Dent Required) Fee d a va Q :En4]orsnn4ent Required)E .-..__-._.. . ._._.._.._.-.._ U �, d x TC O Postage 8 Fees $ e G E v tax U Total — - a G e cp ❑❑❑ �12 O Ln M Recipient's Name (Please Print Clearly)(To be completed by mailer) w > ;KORF CHEVROLET DEALERSHIP ATTN: STEVE BU: I., . $ C:1 0 O I +reef.Apt.No.;or Po Sox No. BURGESS ! 0 HIGHWAY 392 ti ' m �„ 7-- r\- - N Q7 O ICSty,State.ZIP+4 v W O o R N I I OR CO 80550 H C/7 ❑ a • :))��e.: Ili 4'4 41.a4r;:g.z, ,tCls a...wxwM V d V X .o CY V E N cc V N Z J N ce m ID c) r c ` L o 4 0 a) 13. O C 01 O . O i Q1 $ m .� ✓1 • op m o ❑ O'-L A P4 Tr O�.)- rn U C r ry. W In Cl. W < CaOPa,..- O F, o 0J) ri mOvE A W N 4 a, C S N ¢ S Oj `t7Y� Q. H T O N • U .. 2 C Go O el CO o N x m e ti N 8. g O e � w m U r-g � g 9 N g • TcLI s7 4 0 a 0 ›'Liw \ ≥ m • ,., % 2 0O H I:4 a r n op ti ,+ yI //1} 1e �' y ,_ W o. ":8 T c° cc a 3) • [z-1 O °• o ti .. Q, $ / ti i m .8) o u a E�≤O O rq� H O f--I •t Q Imo • , c/ j m Vi X CC Z U�'a_ m< O < 0 4 a% 3 < LL LL • in .s } OI:c T e 2 ¢ U X n of R v c e m a • LS.Postal*Vice y In 4n g . ':.-.CERTIFIED MAIL.RECEIPT O o'• m a a ^ (©ofinestic Mill Only,;No Insurance Coverage Provided) E� o Mtn U'y L >.m to W T4:, o w• cof• C4 U' ml0 0 PIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIII W c _ in ic ≥• v.826 0 a) ~ • 4b co r 4y U .._...._. A Wcvu1 N a'o E r C E� w ° COado 2 43 H tn di Post tge a W ,-a) to y o o r1 rn P-4 0.C. Q Certified Fee rn t) M 1= O d O O I Postmark C E,� E tp c � • U _ Return Receipt Fee Here op m m C U U 2 I W % CN.'J ON r �Liulnrsw4wnt Rcr:Nnred!i.... .. _ m a ru ul co j L N a ".�. M �+ Q Hr4::trctod Deliv /Fee c Q• 'a >.N U c Q V . .'C. O I'Z itndorsetnont)ieque'rnlj ....__. . _ � E m a E +��• c0 0 1) �T+ r d e Cf) � Q O = Total Postage Fees $ 2 Una` u< `o a O E-4 0 ,-1+ O N nJ * • • ',><. d O\ csi I-- c_ l.ri ':3ecipient'a Name (Please Pont Clearly)(T.)be c.)mplc:ted by:r:4rbri l o , MR. & MRS. RONALD KORF ATTN: SETPHANIE O j:tree:,Apt.No.:or PC Box No. _ 9050 HIGHWAY 392 _i If - M1 �TP+4�ltWINDS0R, CO 80550 t: 12;14- DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' C E-mail Address: bsalzman@co.weld.co.us1 555 N. 17th Avenue, Greeley, CO 80631 c Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE May 16, 2002 Korf Chevrolet Dealership Attn: Mr. Preston Coleman 9050 Highway 392 Windsor, CO 80550 Mr. & Mrs. Ronald Korf Attn: Stephanie 9050 Highway 392 Windsor, CO 80550 Subject: VI-0200198 Lot A of RE-358 also known as part of the NW4 of Section 22, T6N, R67W of the 651 P.M., Weld County, Colorado Dear Mr. Coleman and Stephanie: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article 111, Div 3 "Commercial Zone Districts" Section 23-3-230 "C-3(Business Commercial)Zone District." Section 23-3-230.E "Site Plan Review Required. -No land,building or structure shall be used, changed in use or type of occupancy,developed,erected, constructed. reconstructed, moved or structurally altered or operated in the C-3 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant for a building permit in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the development and use of property zoned C-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter." Section 23-3-230.F "Performance Standard Compliance Required. -All Building,Structures and land located in the C-3 Zone District shall be located,designed,used and occupied in such a manner that the design and operation standards contained in Section 23-3-250 below are met." To bring your property into compliance with the Weld County Code: An amended Site Plan Review_shall be completed and submitted addressing all concerns (such as: Lighting, parking, exterior storage, the expansion of He parking lot, etc..). Additionally, it has been noted that another violation is also pending. The violation (VI-0200138) if in regards to the expiration of a building permit. Both of the above mentioned items will need to be addressed to avoid further legal action. For questions, I would suggest anal you come to the office and speak to one of our"On-Call Planners" Wednesday, 7:30 a.m.-4:00 p.m. or Monday or Friday, 12:00 p.m.-4:00 p.m.; Addition by, please oe advised that .ve have -oened another Iocat:on ro better serve the public. Our other office is located at 4209 WCR 24.0 Eas of I-25 and Nonh pr Highway 1 t91. The Southwest flee is noen on Tue c,ys and Thursdays,8:00 a.m_-4:00om N . ,00- .ntment'i=necessa at either location because ndividuais are seen in me order Hey sign :n. Additionally,to save time is r you and the planner, please bring this letter with you to the office. Korf Chevrolet Dealership _ Page 2 It is the intention of this office to assist and cooperate with you without imposing undue hardships;however,we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from , May 16, 2002, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer pc: VI-0200198 SPR-53 Department of Planning Services Bruce Barker, County Attorney SERVIc E.TEAMWORK.WORK., TEGRITY,QUA:.:ry 1 Irif lrH(1\ 41( 6 ..-.., ---.... • DEPARTMENT OF PLANNING SERVICES 1555 N. 17'AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us ilillii PHONE (970) 353-6100, EXT. 3540 FAX(970) 304-6498 De COLORADO • . April 5, 20C2 Preston Coleman . Karl Chevolet Dealership . 9050 State Highway 392 Windsor, Colorado 80550 Subject: Site Plan Review for Kennedy Chevrolet(Korf Chevrolet); SPR 53 Legal: Lot A of RE 35f3; being part of the NW4 Section 22, Township 6 North; Range 67 West Zoning: C-3, Business Commercial Parcel#: 0807 22 000040 Dear Preston Coleman: It has been brought to the attention of the Department of Planning Services that your automobile dealership may not be in t ompliance with the approved Site Plan Review, SPR 53. Staff has been notified by the Town of W•tdsor that an expansion of the existing facility may be undertaken, if it has not already taken place. Info illation received from the Town and our drive-by windshield survey indicates that there are three temp ,nary lighting standards attached to generators on site to illuminate the outdoor sales area, that are to be removed from the premises before Monday April 8, 2002. Further, staff noted the sales and service yard expansion has occurred to the south and east.. issues that require addr ssing and resolution through an Amended Site Plan Review application include the above reference sates lot expansion, parking of vehicles for sale in the right-of-way for SH 392 and SH 257(Weld County Road 19). The exterior storage of tires, miscellaneous parts and materials, an unscreened dumpster, overnight parking of vehicles requiring service, etcetera. Given the existing situation, it is recommended that an amended Site Plan Review be completed, submitted and approved by this office, thereby bringing the existing Site Plan Review 53 into compliance. If the dealership representative visits this office in person, please bring this letter with you to facilitate servicing your case file. Should contact with this office not occur within five business days, the issues noted here will result in a violation of Site Plan Review 53 and appropriate action taken. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, reult.._\_101i75(\cic,.._) Bethany Salzman Code Compliance Officer ac: M. .'Aina. 3irectar oe-tartning Services Property P.eeearch `',fy' +`% �,�''r•firt•"I i rp 7;!t tm-'irr .,'- - t .:t .p- it.7r 7. �t y iii i a ° 9 I. _ .tyi'!„#1 .3 ."i7i ti r1Lbi {{inI� '. �I t 7d1�,4'1II = t":i`SN7 t,3Ri 8,.a �:4§ R4Ilfitth'III n 4O1sII4 t�n1�t," t II } u ,i'5' s}` � l'9 '1�"ft'a.RN tI 4jti1I f S ,I'i(x,J,ll' if'„�i�r t g 1 a : l r�+j 10,t, S i. I . t w «,, i tl<t�_' t y��t t:: �� f f i,, n i iTi• i i * ^fi tt t.r4`,iSh•`... • . ; rigli}iy F, i� 4. I 1 i I t �'ty r 'tii,limi; ' . RI ,iii I . --- -IF-- 2 ,..... •ry,t 6 Q 2 5�1,. :.F ":'Rust iti �f', 2 r' t, : �;�'i:if i:r;iry „ F- CO H u. -r 1. I- �'�•.::::4.µa Z• irk,} g fn 7 O 4 I is m W . .,,r r;�' ,i rr ' Fri•. m N N L O. ...:ki.14.T V fl°" .:,,i4S .t l k'ie G 0. G3 ti, S d; :J N M4;gg.ct.�:3;:iii .; iX l_..._ v: �' ! itkv ts-"Y 3 a VW -mai a . — .., Ir:I• 4114 „ 0 O R il aO .2 H OJ Wi A 61 '�: t`p; ,ASP c i N 1 F� i r 4 r� Y Y, T. 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I I o O (77ii o 2 M M� = L ci _ •mil, z O O N '- i7 C O N ri _O I� 7 CC rj to c7) d U c Q J co uN U V D o C CL E a Q L a) S LU CJ 7 -- 4J 0 Cl) O c rn LL) z t_ry 0 m ti , y nl 'al! 1 li T � T)) v �� DEPARTMENT OF PLANNING SERVICES . a, Code Compliance Division �t 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO NJ r, c ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: .t. ZONING CODE COMPLAINT Staff/Name: PY (TV n Citizen ❑ other HEALTH DEPARTMENT Citizen's Name(If known): 7. WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(Ifkno«n). - BUILDING CODE COMPLAINT PUBLIC WORKS /PEST&WEEDS Date Complaint was received: Pending Case #(i.e{. USR,RE, SE, ect...):Ar caX x � Legal Description: L,�1� N C� -.L . ,,�toucA GQ,7 i 1 t D!Q1O1(D Parcel#: ( S040,1^a,'C°CO—OA Violation Address: °IC) )\A L:m .. fla Property Owners Name: th'Cl(c I £r„--AA OP`4�('1` Phone: Property Owners Address: 'E\(1. *(> e'. — \ rx),(-, l f 9LCfDC" Taatp Tenant's Name: PEf SC �I-keTY18 — o �u rnk c k t'l Phone: Tenant's Address: °\CL' ll Ak ?VcR1 kantr ,1`w, t 'r; T.P �NATURE OF COMPLAINT: )t ek 'PQ... 2.1 U 4- iin ONIttnritt k / l � I Yke\icwt- ;`Ftr:rc\Ct" Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: MEMORANDUM log TO: Weld County Code Compliance D0 �• DATE: April 20, 2002 COLORADO FROM: Kim Ogle, Planner HI `' SUBJECT: Preston Coleman Korf Chevolet Dealership 9050 State Highway 392 Windsor, Colorado 80550 Subject: Site Plan Review for Kennedy Chevrolet(Korf Chevrolet); SPR 53 Legal: Lot A of RE 358; being part of the NW4 Section 22, Township 6 North, Range 67 West Zoning: C-3, Business Commercial Parcel #: 0807 22 000040 Ogle inspected this property on Friday April 19, 2002 and viewed the following activities on-site. Staff has noted three temporary lighting standards attached to generators on site. The lights appear to illuminate the sales parking area immediately adjacent to State Highway 392 and Weld County Road 19. In addition to lighting this area, the lights appear to create a hazard to traffic approaching the facility from the east and south. Staff noted the trash enclosure /dumpster is not screened from adjacent properties and the road right- of-way. Further, debris was piled in and around the dumpster. Two wood pallets were propped against the service facility exterior wall, north side. East side of service facility, three stacks of tires are present. Service yard remains unpaved and ungraveled. The parking of vehicles in the state right-of-way are for sale. A radio station was advertising / providing programming on-site during the evening rush hour. This member of staff did not know if a special occupancy permit was obtained. It appears from aerial photography that this dealership may have expanded their area of operations without obtaining any building, excavation or planning department approvals. Action: Have Code Compliance send 30-day letter. If letter has been previously sent, schedule before the BCC following the appropriate channels and protocol. DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us CE-MAkogle@co.weld.co.us IL: s PHONE(970) 353-6100. EXT. 3540 FAX(970) 304-6498 A COLORADO March 27, 2002 • Ronald and Pamela Korf 9050 State Highway 392 Windsor, Colorado 80550 Subject: Site Plan Review for Kennedy Chevrolet(Korf Chevrolet); SPR 53 Legal: Lot A of RE 358; being part of the NW4 Section 22, Township 6 North, Range 67 West Zoning: C-3, Business Commercial Parcel#: 0807 22 000040 Dear Ronald and Pamela Korf: It has been brought to the attention of the Department of Planning Services that your automobile dealership may not be in compliance with the approved Site Plan Review, SPR 53. Staff has noted at least three temporary lighting standards attached to generators on site. The lights appear to illuminate the sales parking area immediately adjacent to State Highway 392 and Weld County Road 19. In addition to lighting this area, the lights appear to create a hazard to traffic approaching the facility from the east and south. Per the Weld County Code, Section 23-3-250.8 addresses Operation Standards. "Uses in Commercial Zone Districts shall demonstrate conformance with the following operation standard 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 23-3-250.8.6 addresses the issue of 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 fight 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 cr construed as traffic control devices." Given the existing situation, it is recommended that a representative of your office contact the planner on call at the Department of Planning Services to discuss this violation of Site Plan Review 53. If the dealership representatve visits this office in person, please bring this letter with you to facilitate servic ng your case File. Should contact with this office not occur within five business days, the matter will be turned over to the Code Compliance Officer. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. • Sincerely, Kim O e Pianne.4 • pc: M. Mika, Director of Planning Services B. Salzman, Code Compliance SPR 53 Property Research • at mcleck 11111111111111111111 111111 III !lilt m 2801505 01/29/1OOS 03:39r weld County CO • till Ill! fl 1 of 2 R 11.00 CO 37.58 JA Suki Taukasoto WARRANTY DEED THIS DEED,Made this 28th day of January J9 98 , between PHILLIP W: ICENNEDY and LH0rA KENNEDY, • of the • County of WELD ,State of Colorado.grantor(s)and the B(VAID L. and PAMELA M. RORF FAMILY TRUST, whose legal address is P.O. BOX 130, Yuna, 80759-0130 of the- County of- Yuma- ,State of Colorado,grantee(s): WITNESSETH,That thegrantor(sk for and in consideration of the sum of Three Hundred S - Seventy Five Thousand S. no/100 ( $375,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged,have granted.bargained,sold and conveyed,and by thole presents do grant,bargain,sell,convey,and confirm,unto the grantee(s), its heirs and assigns forever,all the real property,together with improvements.if any,situate,lying and being in the County of WELD ,State of Colorado, described as follows: i G e- See Exhibit A, attached hereto and incorporated herein, as if fully set forth, 1 S - 37 ` also knowrsLy-streefand number-as: 9050-Highway- 392-, Windsor, Colorackr 80550, TOGETHER with all and singular the hcreditaments and appunenances thereto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the Fantods),either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grameels), its heirs and assigns forever And the grantor(s),for them set their heirs and personal representatives,do covenant,gram, bargain,and agree to and with the grantee(s), its heirs and assigns.that at the tim e me of the meeting and delivery of these proems, they are well seized of the premises above conveyed,have good,sure,perfect,absolute and indefeasible estate of inheritance. in law,in fee simple,and have good right,full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances,and restrictions of whatever kind or nature soever,except The pantor(s)shall and will WARRANT AND FOREVER DEFEND the shove-bargained premises in the quiet and peaceable possession of the grantee(s), its heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the grantors)have executed this deed on the date set forth above. •gyp- v �f �. LEOTA_ICENNEDY r- "no r Ce�Odw *a rt4s4sr," -rr, -, ^�t by: eota Kennedy as attorney in rib ct I VIII III1MON0 111111 Iii 11111 IIII IIII 2901909 01/20/1000 03:31P Hold County CO 2 of 22 11.00 0 37.50 JA 0uk1 Itukoete LEGAL DESCRIPTIOR: A TRACT OF LAND LOCATED IN THE N/W 1/4 OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22 AND CONSIDERING THE WEST LINE OF THE NW 1/4 OF SAID SECTION 22 TO BEAR SOUTH 00000'00" EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 80025'12" EAST, ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 22 139.60 FEET; THENCE SOUTH 00034 ' 48" EAST, 33.40 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY 392; THENCE NORTH 89035'12" EAST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY 392, 440.37 FEET; THENCE SOUTH 00015' 04" EAST, 250.88 FEET; THENCE SOUTH 89035' 12" WEST, 541.40 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE HIGHWAY 257; THENCE ALONG THE EAST RIGHT OF WAY LINE OF STATE HIGHWAY 257 BY THE FOLLOWING TWO COURSES AND DISTANCES: NORTH 00000' 00" EAST, 150.58 FEET, NORTH 44041'16" EAST, 142.10 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 3.00 ACRES. EXCEPTING AND RESERVING UNTO GEORGE GOODELL AND ORVILLE GOODELL AN EASEMENT OVER AND ACROSS THE EAST 30 FEET OF THE ABOVE DESCRIBED TRACT FOR DRIVEWAY PURPOSES AND FOR THE INSTALLATION AND MAINTENANCE OF DRAINAGE FACILITIES AND UTILITIES. SUBJECT TO EXISTING ZONING AND USE REGULATIONS, INCLUSION WITHIN BOUNDARIES OF ANY SPECIAL IMPROVEMENT DISTRICT, THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT, AND SUBDISTRICT, EXCEPTIONS, RESERVATIONS, CONDITIONS, COVENANTS AND RESTRICTIONS OF RECORD AND ANY RIGHTS OF WAY AND EASEMENTS CREATED BY INSTRUMENTS OF RECORD OR ESTABLISHED ON THE PREMISES, OIL AND GAS LEASE OF RECORD. ALSO DESCRIBED AS FOLLOWS: LOT A OF RECORDED EXEMPTION NO. 0807-22-2-RE358, RECORDED DECEMBER 22, 1978 IN BOOK 855 AS RECEPTION NO. 1776628, BEING PART OF THE NW1/4 OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO. EXHIBIT A I11111 11111 11111 �� Iill 1111111 �� 11111 �� lilt u3, 2690437 11/02/1998 10:090 Weld County CO 1 of 1 R 5.00 D 13.00 JO Suitt Taukaaoto Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions'. and(7)subject to building and zoning regulations. D.F. $I3.00 The Specific Terms of'lids Deed Are: Grantor: (Give name(s)and place(s)of residents;if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as husband and wife.) SCOTT A. EHRLICH Granter (Give name(s)and address(es);statement of address,including available road or street number.) RONALD L. KORF 5321 OLD POST ROAD, YUMA, CO. 80759 Form of Co-0mseeshlpe (If there are two or more grantees named,they will be considered to lake as tenants in common unless the words'in joint tenancy"or words of the same meaning are added in the space below.) Property Description (Include county and stale.) LOT B,RECORDED EXEMPTION NO.0807-22-2-RE358, BEING A PART OF THE NW 1/4 OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, PER MAP RECORDED DECEMBER 22, 1978 IN BOOK 855 AS RECEPTION NO. 1776628. Property Addressi VACANT LAND WINDSOR CO 80550 Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any case this conveyance is absolute,final and unconditional.) ONE HUNDRED THIRTY THOUSAND AND 00/100 Reservatioas-RestrictIomn (If the GRANTOR intends to reserve any interest in the properly or to convey less than is owned,or if the GRANTOR is restricting the GRANTEE'S right in the property,make appropriate indication.) Additional Warranty Exception: (Include deeds of trust being assumed and other matters not covered above.) Executed by the Grantor on OCTOBER 29. 1998 Sgaature for Corporation,Partnership or Aaocladon: Sigdd1me to Nalne of Grantor: Corporation,Partnership or Association OTT A.E Grantor By Grantor By Grantor ORAN) 1 F, ? WELiOELD ss ". e �tr�� tr6ment-was arkirn fedgek-bhiir4-6rcthir 29th 32y`ot.00YbGLIPTIP 98 r"no >L f A.El-MUCH Hello