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HomeMy WebLinkAbout20051961.tiff res SITE PLAN REVIEW Administrative Review COLORADO Case Number Amended Site Plan Review 216 (AMSPR-216) Parcel Number 1471-17-000070 Applicant: Joyce Greenfield Legal Description: Part of NW4 SW4 of Section 17, Township 1 North, Range 66 West of the 6'" P.M. Weld County, CO. Zoning: 1-2 (Industrial) Zone District Proposed Use: Commercial condominiums Comments Meets the Intent of the Weld County Code Site Plan Certification Included in Application YES Retention Facilities See Attached Department of Public Works NO Engineering Dept. referral response dated March 14, 2005 Approval Date Off-street Parking YES Loading Areas YES Access YES Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping See comments NO Trash Collection and Dumpster location to be screened NO Storage Potable Water Commercial well #61813F and #111673 YES Sewage Disposal Individual Sewage Disposal Systems. YES Environment Standards YES Property Maintenance YES 2005-1961 AMSPR-216 Greenfield Page 1 P2 / �� This Site Plan Review is approved with the attached conditions: The Site Plan Review Plat shall be prepared per Section 23-2-160.V of the Weld County Code. The applicant shall submit a paper copy 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 30 days of approval and with payment of eleven ($11.00) dollars for the first sheet and ten ($10.00) per each additional sheet. (Department of Planning Services) 1. Prior to recording the Site Plan Review plat, the applicant shall address the following: The applicant shall submit to the Department of Public Works a brief drainage report and plan documenting stormwater runoff for this development site for review and approval. The engineer must stamp, sign and date the drainage plan drawings and drainage report. The Department of Public Works keeps certified drawings on file for use during construction to avoid conflicts. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Works) FB. The applicant shall submit in writing to the Department of Planning Services either a request to vacate SUP-404 for a hay cubing farm or a request to amend SUP-404. (Department of Planning Services) The applicant shall address the concerns of the Union Pacific Railroad as stated in the letter dated January 31, 2005. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Planning Services) jd The West Adams Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. (Department of Planning Services) E. Per Section 23-2-160.M.4 of the Weld County Code, 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 landscaping elements. The plan shall show where landscape exists or will be located along with planting and installation details, species name and size. (Department of Planning Services) 7< Per Section 23-2-160.M.5 of the Weld County Code, a landscape maintenance schedule shall be submitted to the Department of Planning Services which specifically states who will perform maintenance and that maintenance is on- going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) 32( The application shall submit a screening plan for the site. Section 23-3-320.B.1 of the Weld County Code which states any use of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature may be conducted in the 1-2 Zone District. The uses identified may be conducted outside of an enclosed building, provided that the use and/or operations of the use are screened from adjacent public rights-of-way and adjacent properties. Section 23- 3-320.B.2 of the Weld County Codes states that areas for parking vehicles or AMSPR-216 Greenfield Page 2 equipment, so long as such parking areas are screened from the adjacent public rights-of-way... (Department of Planning Services) H. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements to the satisfaction of the Department of Planning Services and the Department of Public Works or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. 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. (Department of Planning Services) 2. The plat shall be amended to delineate the following: A. The trash collection shall be screened from adjacent public rights-of-ways and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash per section 23-3-350.H of the Weld County Code. (Department of Planning Services) B. The applicant shall include the approved Landscape in accordance with Section 23-3-350.G and 23-2-160.M of the Weld County Code. (Department of Planning Services) C. The applicant shall include the approved screening plan. (Department of Planning Services) C. If applicable, all external lighting shall be designed in accordance with Section 23-2-160.U.6 of the Weld County Code and delineated on the plat. (Department of Planning Services) D. The Union Pacific Railroad has a 400 foot right-of-way. A total of 200 feet from the centerline of the railroad shall be delineated on the plat. No fencing or buildings shall be located within the right-of-way for the Union Pacific Railroad. (Union Pacific Railroad) E< County Road 27 is designated on the Weld County Road Classification Plan as a minor arterial road, which requires 110 feet of right-of-way at full build out. A total of 55 feet from the centerline of County Road 27 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 27. This road is maintained by Weld County. (Department of Public Works) The site has been classified as manufacturing, research and assembly and will require at a minimum 2 parking spaces per every 1,000 square feet of building. The site is proposed to have 30,000 square feet of building space requiring 60 parking spaces. Parking lots shall conform to all standards of the Americans with Disabilities Act. Minimum ADA requirements shall be met for this site. Handicap access to sidewalks around the building and to designated parking must be undertaken. Grading shall not be greater than 2% for the handicap stalls and access aisles. The handicapped stalls shall be labeled and dimensioned on the plat. (Departments of Planning Services and Public Works) II 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) AMSPR-216 Greenfield Page 3 I?F The parking areas shall meet County standards as specified in Weld County Code 23.4.30.6 and Appendix 23-A and Appendix 23-B. Loading / service areas should be paved. (Department of Public Works) 3. The following notes shall be placed on the plat: A. 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 or Industrial Zone Districts until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) B. In the event that a portion of the building 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 Building Inspection Department, Fort Lupton 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. (Department of Planning Services) C. All outdoor storage or outdoor uses as permitted shall be screened from adjacent public rights-of-ways and adjacent properties. (Department of Planning Services) D. 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) E. 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) F. 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) G. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) H. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) J. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) AMSPR-216 Greenfield Page 4 K. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Commercial Well #61813F and #111673) (Department of Public Health and Environment) L. 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) M. 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) N. 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) O. Effective January 1, 2003, Building Permits will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) P. Property Maintenance. Property located within Industrial Zone Districts 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. (Weld County Codification Ordinance 2000-1) (Department of Planning Services) Q. There shall be no staging or parking of vehicles on County Road 27. Utilize off- street parking. (Department of Planning Services) R. Exterior illumination of structures and lots shall be restricted as follows: 1. Sources of light shall be shielded so that beams of light will not illuminate onto adjacent properties. 2. 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. (Department of Planning Services) S. Prior to the issuance of each building permit: 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. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) 2. The Final Site Plan and building construction plans must be submitted to the Fort Lupton Fire Protection District for review and approval. The applicant shall submit written evidence of approval to the Department of Building Inspection. (Department of Planning Services) AMSPR-216 Greenfield Page 5 3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 4. A complete set of building construction plans, including information regarding the types and quantities of all hazardous materials proposed for storage or use, must be submitted to the Fire District for review and approval before building permits may be issued. Hazardous materials include but are not limited to: flammable or combustible liquids, flammable gases, corrosive liquids. (Department of Planning Services) 5. The building, until spaces are leased, will be classified as an S-1 (Moderate storage facility). Each space will be issued a Certificate of Occupancy as they are finished. The building and each space shall be accessible to persons with disabilities. Fire resistance of walls and openings, construction requirements, maximum building height, automatic sprinkler requirements and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. Fort Lupton Fire Protection District requirements for automatic sprinklers may be different than the requirements of the 2003 International Building Code. (Department of Building Inspection) 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 7. A plan review is required for each building which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Provide plans to Fort Lupton Fire Protection District for their review and approval. (Department of Building Inspection) 8. A building permit shall be obtained prior to the construction of the new building. A separate building permit will be required as tenant spaces are leased. This building permit process will determine the use of each separate space and the required occupancy separation hours between spaces as determined by Table 302.3.2 of the 2003 International Building Code. (Department of Building Inspection) 4. Upon approval by the Department of Planning Services, the Site Plan Review plat shall be prepared per Section 23-2-160.V of the Weld County Code and submitted to the Department of Planning Services to be recorded. (Department of Planning Services) AMSPR-216 Greenfield Page 6 5. Prior to Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed new building and shall be installed according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) B. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) Site Plan Review conditionally approved by: .j Date: 3 zic to S Jacqueline Hatch, Planner II AMSPR-216 Greenfield Page 7 FIELD CHECK Inspection Date: 3/18/05 APPLICANT: Joyce Greenfield CASE# : AMSPR-216 REQUEST: Amended Site Plan Review LEGAL: Pt NW4 SW4 of Section 17, Ti N, R66W of the 6'h P.M.,Weld County, CO. LOCATION: East of and adjacent to CR 27, approximately'% mile south of CR 10 PARCEL ID #: 1471 17 000070 ACRES: 5 +/- acres Zoning Land Use N A (Agricultural) N A (Agricultural) E A (Agricultural) E A (Agricultural) S A (Agricultural) S A (Agricultural) W A (Agricultural) W A (Agricultural) COMMENTS: Residential homes to the south Single family home to the west RR to the east of the site Agricultural uses to the north Ditch along the north side of the property One large building on site Miscellaneous materials around the building Dumpster storage on the south side of the site Existing chain link fence along CR 27 with fabric screening (torn) One access � Jacqueli a Hatch, Planner 6 (51a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 304-6498 918 10th Street GREELEY, COLORADO 80631 O • January 14, 2005 COLORADO Joyce Greenfield 7145 Vardon Way Fort Collins CO 80528 Subject: AmSPR-216 -Amended Site Plan Review located in the on a parcel of land described as Pt NW4 SW4 of Section 17, T1 N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 Brighton, Fort Lupton and Lochbuie Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Brighton, Fort Lupton and Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Brighton at 303-655-2023, Fort Lupton at 303-857-6694 and Lochbuie at 303- 655-9308, 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, JacgJg1$ie Hatch Plann APPLICATION SITE PLAN REVIEW (SPR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: --- RECEIPT#/AMOUNT # /$ _ CASE#ASSIGNED: APPLICATION RECEIVED BY_ _ PLANNER ASSIGNED: Parcel Number I Li 1 I -_ 1 7 - Q - Q C) - 0 7 Q (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) L gal Description PIA n4 NW(ftj eiS LI) (ILI OT , Section 11, T wnship North, Range(D6West oi- tine Colt,' Pm Ly(nel we St-oF*ua Ulsl�gt�rogd r;q�+}otwgy except-Flies -fgg4-?+the.c9 Lot/Block: Zone bistrict: I — z Total Acreage: S. 23A , Overlay District: gttid except -tine west 3o44 t(nev-c or WCR z7 CoU `/ o--cast_ p FEE OW NER(S) OF THE PROPERTY: Name: „Boyer._ Greens e td Work Phone# N(R _Home Phone#97022S08S Email Address _ Address:_ ZLr1S VAADOA) WA y _ City/State/Zip Code Ft Col(;t-ts , Coiorac(a BostfS 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: +(01rf;e Gree.rt- ie1d Work Phone # Home Phone#j'f0??SCZ7gg Email Address__ Address: 'I L44 Vc rdoh _Way City/State/Zip Code F Coil i us I CO PROPOSED USE: Cc,mMerc_tgl Covtdovnlnlum_S I (We) hereby depose and state under penakies of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correctto 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 app ation. If corporation is the fee owner, notarized evidence must be included showing the signatory has to legal a t ority to ign for the corporation. /L Zo oLf Sign re: caner orAuthor ed Agent to Signature: Owner or Authorized Agent Date -3- APPLICATION FOR SITE PLAN REVIEW Sec. 23-2-160 Owner Joyce Greenfield Address 3450 Weld County Rd. 27 A. Site Plan Review Application form is attached. B. Copy of Deed of Trust is attached. Copy of 20-year lease with Union Pacific for adjacent Property is attached. Copy of Warranty Deed is attached. C. N/A D. N/A - Single Ownership E. Commercial Multi-Tenant Building for lease to small businesses. F. Well Permit#61813 is in place. G. Statement of existing septic system is attached. A new engineered septic system will be provided for the new building H. County Road Access Information Sheet is attached. I. Number of Employees Present Building 4 New Building 12-18 J. We will meet all setbacks and offset requirements. K. Drawing per Landmark Builders attached. L. Signage- Biltrite Signs proposal&measurements attached. • Greenfield SPR Page 2 M. 1. Landscape Plan— Landscape area as shown on plan 2. Have set back agreements from Fulton Ditch Company as shown on SPR map. 3. Existing fence is installed with screening and the new structure is also located behind the trees as seen from the main access road. 4. Landscape Plan as shown on SPR map with existing trees The trees are far enough away from new construction that they will not be affected.. 5. Mowing of grasses or other growth will occur so as to not create more than six inches on growth N. Drainage ways as shown on the map SPR will not change from existing drainage. O. The proposed building meets the off street Parking requirements P. P. Parking for the new structure will be located, designed and constructed allowing sufficient space for loading/service areas without property encroachment Off Street Parking will be included in 30' by 300' road based area. 1. Loading areas will be road based. 2. Loading areas in this I-2 zone district will be designed to comply with appropriate use regulations. Q. Access to paved road: Weld County Rd. 27 adjacent to the west of the property. R. N/A S. N/A T. Trash collection areas will be installed and will meet the requirements of the zone district. U. 1. Noise—Will meet standards. 2. Air Quality—Will meet standards. 3. Water Quality—Well permit approved. 4. Radiation—N/A 5. Heat—Will meet standards. 6. Glare & Lighting—Will meet standards. 7. Maintenance—will be maintained in accordance to county regulations. SITE PLAN CERTIFICATION I (We) hereby certify that the uses, buildings, and structures located on: ltll oR N W tN-1 eV Sl-U t(L c Sec-t;ot1 t7, Towtn$ l N_ RqtA e Co(O o-? -One (D4J1 t'.m & yL� west o-P +tke ) P_Ps- ok �'xce T �s9t� t o w c rune South 798 Feet -HA era? gHd ex� _�_(ne uzest 30 cee-f eroc -for Weld (legal descriptbn)C0Ut14t1 f�pgd 27/ Coonrny OC u3Et.D , S7fT7E or COCoRADO. coAi-FAL/QS S.23 ices 1Y1012E OECESS are designed and will be constructed and operated in accordance with the applicable Performance Standards and District Requirements for the T- 2__ ___ 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 co d itions could resu It in the County initiating a compliance action against me. • • et- ignature of roperty er The foregoing instrument was subscribed C'FYVt and sworn to before m e this d C� day of U. !/ 5.14. 20 Ott , bye c,jo s o g£11 C i c I d J `1{1111 maw. WITNESS my hand and official seal. $i RQUst/, i My Commission expires: 2/L) O , eft +q Agr la ems Notary Public 39 Mao° Si. . !g nerts o fl�o-7%e -a- 00V80100 'NOlH91N8 0Z908 lopoiolo0 'suon3 I- a�vos 9NI4�Ifl8 inns uosJo' Zo8£ •°Nnaa 'ON ONIMV21a M3N plailuaaao aoAop saaplin8 •MIIIm tooz '6z Honvi uold uoo13�suoi}onal3 >1.-1 0 W p u D1 •31Va 31111 ONIMV80 :133f 0Nd € __ c.. 7 ,, , i ..._.... " I c � z T_ z . o = * O O > w >crt — > ,-c W J =�� J = J — J N W 1 W N _ W W S_ Q W Q _ W 1'i1 V) _ " .oAl f—.e-11—C- K L� — — V) O _ W11 Fr a W�3 T cTE a_ fi_ n i 1 j T k - a r Bi■t rill e 1735 3rd Avenue S E Qa N Phone: 970-353-3811 s E Greeley, Colo 80631 INC.C. Fax: 970-353-0318 www.alltriteSign.com Since 1962 sales@biltritesign.com I rOPO Customer ( Misc Name Greenfield Industrial Park Date September 21, 2004 Address 3450 WCR 27 Order# City Ft. Lupton State CO ZIP Rep Scott Riley RE: New free standing signs Item I Description PRICE * Build new 5ft tall by loft wide double face sign. The sign will be built with $2,323.68 painted aluminum mounted on a steel frame. The lettering will be done with computer-cut,high-performance,3M vinyl. Color and layout as per drawing. * Build new 5ft-4in tall by Oft wide single face sign. The sign will be built with $904.54 painted aluminum mounted on a steel frame. The lettering will be done with computer-cut,high-performance,3M vinyl. There will be 12 painted aluminum panels attached for the tenants for both buildings. The panels will be removable. Color and layout as per drawing. * Both signs will be installed on steel polls set in concrete footings. The 5ft a loft $1,440.00 sign will have an overall height of 13ft and the other sign will have an overall height of 8ft. i All signs are subject to property owner and government approval *ELECTRICAL SERVICE TO SIGN MUST BE PROVIDED BY LICENSED ELECTRICIAN $4,668.22 Permits: $0.00 Customer Information City Tax: $0.00 1/2 as down payment,112 due upon completion The State Tax $93.62 prices,specifications,and conditions are satisfactory and are hereby accepted.You are authorized to work as specified.Payment will be made $4,761.84 as outlined above. Signature Date Billing Address Check# Name Offios use onyx CC# Autkorlmd•by: Expires Bid is valid=for—.days from thi3,8 All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation 1P3111 above specifications involving extra costs will be executed upon written orders and will become an extra charge over and above the estimate.All agreements contingent upon strike,accidents, or delays beyond our control. Our workers are filly covered by Workman's Compensation. Your complete sign source since 1962! s '41,4;71.2714,1, r $ t iiii 8� ! 4 y ,,4j g s,•` A: ' '' tr a 11 3 mil . i{ i t. _ i ' r:aau' '.' 'f ^1L''< ,....c :;._4rk . _ ,u f r // `i ° / , i_ '1.$F 5-1', be. Es x 6'fi xP a.. r., x ii we it t s v r �y a 1 Industrial a I I /j/ / LICENSE AGREEMENT 1. PARTIES. The parties to this Agreement are the Fulton Irrigation Ditch Company, a Colorado Mutual Ditch Company ("Fulton"), and Donald and Joyce Greenfield, (the "Licensee"). Fulton and Licensee are jointly referred to as the Parties. 2. RECITALS. The Licensee desires to obtain the permission of Fulton to install a six (6) foot privacy fence upon the Fulton easement. Licensee owns property located at 3450 Weld County Road 27, Weld County, Colorado in an area described more specifically in attached Exhibit "A". Fulton agrees to permit the proposed installation, subject to the terms, conditions, covenants and agreements set forth in this Agreement. Accordingly, in consideration of the mutual promises set forth in this Agreement, the Parties covenant and agree as follows: 3. CONSTRUCTION. 3.1 Pursuant to the terms of this Agreement, the Licensee is granted a license to install removable fencing upon the Fulton easement in the above specified area (the "Installation") pursuant to the plans and specifications approved by Fulton and attached hereto as EXHIBIT B. Fulton's review of the plans and specifications is solely for its own benefit and creates no obligation on Fulton. 3.2 In no event shall the above-mentioned fence be within fifteen (15) feet of the edge of the ditch bank. 3.3 With the exception of modification specifically noted in the plans and specifications, all portions of the Canal, bottoms, sides, banks, and all affected portions of Fulton's easement which are disturbed by the Licensee's Installation shall be restored to their original condition so the flow of water in the Canal runs at the original amount and velocity. 3.4 The Licensee shall not spill any dirt, debris or other foreign material into the Canal. In the event that dirt, debris or other foreign material is spilled into the Canal, the Licensee agrees to completely clean the affected portions of the Canal. 3.5 The Licensee agrees that the Installation shall proceed expeditiously and with reasonable diligence from the commencement of construction to its completion. The Installation shall be completed by December 15, 2005. If the Installation is not completed by that date, this Agreement expires and is of no force or effect. 3.6 If the Licensee's construction interrupts Fulton's water supply for any reason, the Licensee shall pay as damages the actual cost of providing water to those stockholders whose delivery is interrupted as a result of the Installation. C\Documents and SettingsUody Kamm\My Documents\Ditches\Fulton\CrossPmt\GreenfieldLicenseABmt.doe 3.7 Licensee is responsible, at its own expense, for obtaining all local, state and federal permits or approvals and for compliance with all local, state and federal laws and regulations including but not limited to land use and environmental laws and regulations, and specifically including the Endangered Species Act, prior to beginning construction. Licensee shall indemnify Fulton for any and all costs, damages, fines and fees, including reasonable attorneys' fees incurred by Fulton as a result of Licensee's failure to obtain such permits or approvals or failure to comply with all applicable laws and regulations. 3.8 Fulton shall not be responsible for any damage done to the Installation as a result of its normal maintenance and cleaning operations. Fulton may remove the fence to allow for its maintenance and cleaning operations and shall not be responsible for its replacement. 4. LICENSE FEE. The license fee has been specifically waived by Fulton. 5. INSPECTION. 5.1 The Licensee shall notify Fulton at least five (5) days prior to the commencement of the installation or repair of the installation, permitted by the Agreement, except for emergency repairs which are provided for in ¶7 of this Agreement. Fulton is permitted to inspect the Installation or repairs to the Installation during construction. Upon completion of the installation or repairs to the Installation, Fulton may inspect the Installation. 5.2 Fulton's right to inspect the Licensee's Installation or repairs to the Installation in no way relieves the Licensee of its liability for improper installation. Fulton's inspection is solely for the benefit of Fulton and creates no obligation to Fulton. 6. REIMBURSEMENT OF EXPENSES. 6.1 The Licensee agrees to reimburse Fulton (or pay directly) for all reasonable engineering and legal costs incurred by Fulton in preparing and approving this Agreement and the costs of inspection as described in ¶5. Costs chargeable to the Licensee shall be paid within 30 days of the billing date. 6.2 Statements for the costs chargeable to the Licensee hereunder will be forwarded to the Licensee and the same shall be paid to Fulton within 30 days after the billing date. If payment has not been received by Fulton within 30 days, the Licensee shall have breached this Agreement and Fulton may institute legal proceedings to collect the amount due and owing. In such proceeding, Fulton shall be entitled to its costs and reasonable attorneys' fees from the Licensee. C'.\Documents and Settingstody Kamm\My Documents\Ditches\Fulton\crossPmt\GreenfieldLicenseAgmt.doc 7. MAINTENANCE. 7.1 The Licensee specifically agrees and pledges to maintain and repair the Installation described in EXHIBIT B so as not to require Fulton to maintain or repair it. If the Licensee fails to properly maintain or repair any portion of the Installation for which it is responsible after ten days' notice of the need for same, Fulton may, at its own option, conduct its own maintenance or repair, and the Licensee shall reimburse Fulton for the cost of such work within 30 days. In the event the Licensee fails to maintain or repair the Installation, it shall be held liable for any loss, damage or injury to Fulton. If Fulton conducts its own maintenance, repair or replacement, it does not waive the right to hold Licensee liable for damages caused by the Licensee's failure to maintain, repair or replace. 7.2 In the event of an emergency, Fulton or the Licensee may conduct maintenance or repair immediately, giving notice to the other party as soon as possible at the emergency contacts identified in ¶11. If Fulton conducts emergency work, it shall be reimbursed for the cost of the work. Under no circumstances shall Fulton be responsible or held liable for damages to the installation resulting from the maintenance or repair to the Canal. 8. WATER LOSS. The Licensee agrees that the Installation will not increase carriage or transit loss over the loss which occurred historically. The Licensee agrees to compact earth materials so that such additional water losses will not occur. If the Licensee's Installation increases carriage or transit loss in the Canal, the Licensee agrees to repair the construction to prevent such additional loss. 9. LIABILITY. 9.1 By virtue of entering into this Agreement, Fulton: (1) assumes no liability for the use, operation, or existence of the Licensee's installation; and (2) assumes no additional responsibilities or obligations related to the Licensee's future or additional activities in the area described in EXHIBIT A which are required by this Agreement. 10. EASEMENT RIGHTS. The License granted to the Licensee herein in no way restricts Fulton's right to the use of its easement to construct, operate or maintain all existing structures and facilities of the Canal. 11. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth below, or at such other address as has been previously furnished in writing to the other party or parties. Such notices shall be deemed to have been given when deposited in the U.S. mail. C:Documents and Settings\Jody Kamm\My Documents\Ditches\Fulton\CrossPmt\GreenfieldLicenseAgmtdoc • DITCH COMPANY: COPY TO: Fulton Irrigation Ditch Company Law Offices of Brice Steele, P.C. 25 South 4th Avenue Attn. Brice Steele, Esq. Brighton, CO 80601 25 South 4th Avenue Brighton, CO 80601 LICENSEE: Donald and Joyce Greenfield 7415 Vardon Way Ft. Collins, CO 80528 12. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 13. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated into this Agreement for all purposes. 14. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceedings are instituted. DATED: / G DITCH COMPANY By e_p�c+.2 Cc�. �",c t Cecil King ATTEST: By ��— Secretary C:\Documents and Settings.Jody Kamm\My Document,\Ditches\Fulton\CrossPmt\GreenfieldLicenseAgmLdoc LICENSEE ignature Name Title Inn n By Si at Name Title STATE OF COLORADO ) ) ss. COUNTY OF Wf e foregoing instrument was subscribed and sworn to before me this a s day of cyv,,}j yr, , 2004 by Donald and Joyce Greenfield. Witness my hand and official seal. My commission expires: 270 Z/Q to • atilllitIffis ,J 8� otary Public `) 1644)* :dj, Aj O' 8.5 C:\Documents and Settings\Jody Kamm N.My Documents\DitcheslFulton\CrossGmt\GreenfieWlicenseAgmt.doc EXHIBIT VI Dm TD Dm WEST 1/4 CORNER r ECTON 17. TIN, R66W. _ P IRRIGAlIOu DITCH �iR gTGt ROAD t04 O`HaU v— ' f5'OralnP9e Ditch a (leaf N\<a'°� .ta e 0 },y�� 15 f ESSEPIK S, o...� % PJJ'0�• �, CONC.EXIST SYSTEM,. 1.��' NG� \ APRON LIGNT\ SEPTC` IF , � {o-pUMPSTEA1 'N- . TANK T -I EXISTING 300,0 UGHi\ DUMPSTER ST 1.44,al, ELEVATED I41()RI L 4 STORAGE BIN q 3450 EXISTING A LIGHT AT I-STORY n EXIST. METAL WAREHOUSE /LONG Y.A• 9y-UGXT 7p/Mp51ER f t0.fi In t. § ¢ �EXIBTNG N / FTANKS WAITER 4 Q — SEPTIC Q TANKS 10' x 20 PAWING SPACE O P /(TYPICAL) EEL CC l / y nOPS F 0 uralT I— } P � Z D o n RAILROAD U 04 n LEASE..1F3CONTAINS: AREA 5.23 ACRES +/- 4 W EXISTING SEPTIC GATE 'T'�'E'I (STORAGE FOR (EXISTING GRAM DRIVE) _ MISC. VEHICLES AND EQUIPMENT) I 1 r n IBM XLR a. / . r ` }51439' IY X X 8 n EXISTING FENCE W F BR C S REEKING EXISTING TREE WINDBREAK a BUFFER ID cn 'co P NOTICE OF VALUATION REAL PROPERTY 26360 This Is Not a Tax Bill LEGAL DESCRIPTION: Stanley F. Sessions 32316 Weld County Assessor 15896-E NW4SW4 LYING W UPRR R/W 17 I 66 1400 N. 17th Avenue EXC S798'ALSO EXC W30' THEREOF FOR RD Greeley, CO 80631 EXC UPRR RES(1R) SITUS:3450 27 CR WE Date. LD 80621 5/01/03 FEARING DATES: 05/01/03-06/02/03 LOCATION: 1400 N 17th Avenue OF FTC F. HOURS: 8:30-4:30 GREENFIELD JOYCE M TELEPHONE ONE NO: (970) 353-3845 x-3650 7415 VARDON WAY FAX NO: (970) 304-6433 FT COLLINS CO 80525-8867 TAX YEAR: 2003 TAX AREA: 2501 PARCEL NO: _ 147117000070 ACC:o u .r.. wt R6234986 PROPERTY PRIOR YEAR CURRENT YEAR INCREASE/ CLASSIFICATION ACTUAL VALUE ACTUAL VALUE DECREASE COMMERCIAL 251188 278750 27562 TOTAL 251188 278750 27562 Parcel#147117000070 Account# R6234986 To appeal by mail, list your name, address, and phone#below, detach the lower portion of this notice and mail in accordance with instructions on the reverse side to: Name: Weld County Assessor Address: 1400 N. 17th Avenue Greeley, CO 80631 Phone: An assessment percentage will be applied to the actual value of your property before taxes are calculated. The assessment percentage for residences is.;was projected to be 8.04 %. Generally, all other property, including vacant land, is assessed at 29% of actual value (39-1-104(1) and (1.5), C.R.S.), and Section 3 of Article X of the Colorado Constitution. A change in the projected residential assessment percentage is not grounds for an appeal of value or abatement of taxes. (39-5-121(1), C.R.S.) Your property was valued as it existed on January 1 of the current year. The "current year actual value" represents the actual value of your property as of the appraisal date. The appraisal date is June 30, 2002. The tax notice you receive next January will be based on that value. if the senior citizen property, tax exemption has been applied to your property, it is not reflected in the value shown above, but it will be reflected in the taxes due on your January tax bill. The value on this notice is the full actual value. Appraisal data used to establish value were gathered from the 18 month period ending June 30, 2002. if data is insufficient during this time period, assessors may use data from the five-year period eliding June 30, 2002. Data should be gathered in six month intervals going back from June 30, 2002, until sufficient data is gathered. The following property characteristics were used to estimate your property value: OCCUPANCY1 Storage Warehouse TOTAL COMMERCIAL SQR FOOTAGE 15000 YEAR BUILT 1979 CLASS Wood Frame TOTAL BUILDING COUNT 1 ills• • INDLTLEASE 0100 Form Approved,Law Folder: 00129-95 Audit No: 171388 LEASE OF PROPERTY /y THIS LEASE ("Lease") is entered into on the i>1O.711 day of d1 &V/ , 20O - between UNION PACIFIC RAILROAD COMPANY ("Lessor") and JOYCE W.GREENFIELD, an individual whose address is 7415 Vardon Way,Fort Collins, Colorado 80525 ("Lessee"). IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Article I. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") at Powars, Colorado, shown on the print dated May 30, 2002, marked Exhibit "A", hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for industrial use, namely truck parking and purposes incidental thereto, only, and for no other purpose. Article H. TERM. The term of this Lease is for twenty (20) years beginning on July 1, 2002, and expiring on June 30,2022, unless sooner terminated as provided in this Lease. Article III. RENT. A. Lessee shall pay to Lessor advance fixed rent of Twenty-Two Thousand Nine Hundred Seventy And 00/100 Dollars($22,970.00)for the term. Payment of the advance fixed rent shall be made before the commencement date of the term. B. If Lessor terminates this Lease for any reason other than Lessee's default, or if this Lease is terminated under Section 19 of Exhibit B,then Lessor shall refund to Lessee the portion of the advance fixed rent attributable to the period between effective date and of the termination and the expiration date specified in Article II. The refund shall be calculated on a pro rata basis using a 360-day year. No refund of advance fixed rent shall be made except as specifically provided in this Article III.B. The fixed rent for the entire term shall be deemed earned by Lessor upon execution of this Lease by both parties. Article IV. ADMINISTRATIVE HANDLING CHARGE Lessee shall pay to Lessor an administrative handling change in the amount of Five Hundred Dollars ($500.00) as reimbursement for clerical, administrative and handling expense in connection with the processing of this Agreement. Article V. SPECIAL PROVISION-FENCE/BARRICADE Lessee, at Lessee's sole cost and expense, shall construct and maintain, at all times during the term of this Lease, a fence/barricade of a design satisfactory to Lessor, in the location shown on the attached Exhibit A. 1 •••., _ • INDLTLEASE 0100 Form Approved,Law Folder: 00129-95 Audit No: 171388 Article VI. SPECIAL PROVISION--INSURANCE A. At all times during the term of this Lease, Lessee shall, at Lessee's sole cost and expense, procure and maintain the following insurance coverage: General Public Liability providing bodily injury, including death, personal injury and property damage coverage with combined single limit of at least One Million Dollars ($1,000,000.00) per occurrence and a general aggregate limit of at least One Million Dollars ($1,000,000.00). This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement, severability of interests, and name Lessor as an additional insured. If coverage is purchased on a `claims-made' basis, it shall provide for at least a three (3) year extended reporting or discovery period, which shall be invoked if insurance covering the time period of this Agreement is canceled. B. Lessee shall furnish Lessor with certificate(s) of insurance, identifying Folder No. 00129- 95, evidencing the required coverage and, upon request, a certified duplicate original of the policy. The insurance company issuing the policy shall notify Lessor, in writing, of any material alteration including any change in the retroactive date in any `claims-made' policies or substantial reduction of aggregate limits, or cancellation at least thirty (30) days prior thereto. The insurance policy shall be written by a reputable insurance company or companies acceptable to Lessor or with a current Best's Insurance Guide Rating of B and Class VII or better, and which is authorized to transact business in the state where the Premises are located. C. Lessee hereby waives its right of subrogation under the above insurance policy against Lessor for payment made to or on behalf of employees of Lessee or its agents or for loss of its owned or leased property or property under its care, custody and control while on or near the Premises or any other property of Lessor. Lessee's insurance shall be primary with respect to any insurance carried by Lessor. Article VII. SPECIAL PROVISION- CANCELLATION Effective upon commencement of the term of this Lease, the Lease dated April 1, 1994, identified as Audit No. 171388 (the `Prior Lease'), together with any and all supplements and amendments, is canceled and superseded by this Lease, except for any rights, obligations or liabilities arising under the Prior Lease before cancellation, including any consent to conditional assignment, chattel agreement, or consent to sublease. The security deposit provision or rental payment, if any, contained in the Prior Lease,will survive the cancellation of the Prior Lease and be made a part of this Lease. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year fast herein written. LESSOR: LESSEE: UNION PACIFIC RAILROAD COMPANY JOYCE M. GREENFIELD t� / �1 By: L5 (- 1 -6"tr By Director-Real Real Estate Title: MARGINAL NOTES: 2 EMERGENCY CONTACT INFORMATION PLEASE TYPE OR PRINT Business Name: Phone: Address: Business Owner:SO Yet t-eecN ci a-&h Phone: ci 70 ZJ S- 6789 Home Address:7q/S ✓At??on/ W f4-)7 City: Fr COLT./N S, Cc, g oCZt� List three persons in the order to be called in the event of an emergency: 303 7£3L NAME � TITLE ADDRESS PHONE -c7-)04/(/—tlfNFirAi> 754/S v4,COo'vtWit/ FT Co LL/NS cc, BoSLg it zrc4i c ftivr,a-D 970-z ‘761; 439wbJ' C&E/vA/Ekb 303- 5e7Z- `-yg754 Business Hours: Z.L( Days: 7 Type of Alarm one Burglar Holdup Fire Silent Audible Name and address of alarm company: Location of Safe: MISCELLANEOUS INFORMATION:Number of entry/exit doors in this building: t>>O Location(s): VA- �C O t 0 U S 4 C & 6≤ A+o Sib t= of -d3u /Ck / N 6 Is alcohol stored in building? Na Location(s): Are drugs stored in building? /1/D Location(s): Are weapons stored in building? /V a Location(s): The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Gas shut off: Exterior water shutoff: Interior water shutoff: -5- WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street,P.O.Box 758, Greeley,Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: Date: RE#: Other Case#: 1. Applicant Name .TOYCE c err/art ELL Phone 9;0 -ZZS- Cr,78G Address 74/fC v42bon/ �!Lti City Ft CoLtiws State Co Zip 9�Z8 2. Address or Location of Access .3 7 SO W Ewe) ry �b .Z 7 Section /1 Township/ wetrMRange (o la Subdivisi n Block Lot Weld County Road#: Z I Side of Road FAST Distance from nearest intersection 4 Mr[e_ 3. Is there an existing access to the property? Yes X No #of Accesses 4. Proposed Use: ❑ Permanent O ResidentialAgricultural O Industrial Temporary 0 Subdivision ❑ Commercial 0 Other *********************************************************************************************************** 5. Site Sketch Legend for Access Description: AG _ = Agricultural L_ RES = Residential O&G = Oil&Gas 0 D.R. = Ditch Road D = House O = Shed SITE A = Proposed Access AG • =Existing Access ft% AG Ni *************************************tom 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: -6- MAPS 7 11lLmcr_, $; iiii �iii } 1 I I 1 I # 10 I 1 27 l 29 I 3 ti =g irnligial; —r—`'----- 101 (Dt . I r t 1 t 1 t8 ____________ -. Iii , _L__— t s 4,113 z i J '� <« „,r.,,�, tt, &t}" 3:-.3 .ky r. if 1.73.:,.."`.., „r R ra t ! I. sk su.. z '5 E ' i'! ,f ` A .? 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'u•"R`ck .i , 'el* a' '7 ryyk�,''�"' "�.*�.4;,::, , : 'e &^1 a�a.,,r, ^,ak e+G ....o- � aY:? ,,%�,^ "F �d'$ „rz+' ' # : Y .,r,ac, m . •vp y,>'�x ,,—.::- ,. rna,p.. #'"'5 bM. 4 � �r , • sn T w z x:k �,�, a, ..Y Y t '..'`';':',.;44":1"`: V . ✓ , u ry tub'"- '✓q '� " x ' A i ( yQ p<,,,‘ r u a t'^•"ws n+uf u; ,,,� �- r; �,�-' 4'1 ' ' 7, t ,} a, '�^` a,,z .; Y,.„v. x a�x aJC+ 1 rwk +,.«OP) '� - v 4- , + tt r om ,,+; s- L :., , aw y -0 � , ', ' ty I., ., > ` dy 'Tn.," ,++Fl"e. 'yonyr At,,, *Y ,. -,-.5 iyy:m .�' ,gym a'4f } 3W Y Y nYFs Y A '� P('T rl hwY..''"b 1PSM�i`` 4ws r' ^ '"',.s d . yn�1` x.4S ,E,F3 ..at#t1" �' . ' ' mow+ '' •w ^.''....ryI'd',ki▪ v' L- Al Y ' In .. tte Tr,.,- ate r .., a s e ,:o. - 9 '• • v--•k ^F+a a 't`�., c. £4 ' 1$1 n � •f+"�' r ' st.> .7C -II' A y 1 + 'k l s;,1/2,;a Ar �F ".. "' b y. "" w" ,4.c 'm "ap r ,� 12,;,: C47, a++� s w.°'"q7a .,;";,4-4'''40.,� cxge, ' y.3. .E "4,2 * I. ,r ,,.b a a,,E r 4' " ,„- z I. "" """ ,r ra m .. ”" t*,Cea aM1'r` 36 $ 'w" W,' ,v e `er " " . t '� el ? k�l b,. u ' aw- '� .�a. p ._. ;rw%t A' * '- a ":"."._11.,,,,....1*.V .µ'x� ' � N.��44"^�.C� a } �: , � �t x,,�"�y D. S.p�a�3 +� '�.«••-.-r� H r-n +.,, + �^`� „ , ,.. -"k`°iA rakAw 4, 4,4- , " ti a �� -` .,+s.M ..7T, ^. Ra �t 4 ��. it DEED il. •.e at Recorded at B 1279 REC 02230372 10/17/90 12103 b 5.00 1/001 p • AR223D372 — F 1547 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO :I SPECIAL WARRANTY DEED 1 t y t r State DocuTentaJy Fee THIS DEED, Made mix 15th day of October ,19 90 . f/ I .(l.a..............._ UNITED BANK OF BRIGHTON, N.A. $ ..L,. or me - County of Adams .stale ofc dondo,manlndshand I, I JOYCE M. GREENFIELD III whose tent add,,,, 351 South 22 Avenue, Brighton, CO 80601 II II IIll of the County of Adams Siare of Colorado.gnmctsl i : 3 WITNSET91,That the grantonr),far and con+menton of m sum e of One Hundred Fifty Thousand and no/100 llli ES i•r71 -. DOLLARS. : y (b150,000.00) _. I clec/re receipt dm ' o ffi ' racy of which is hereby xknwledg•d hag gnmcd bxgalned,told and come*,and by thee presentspresentsdne9 grant, 3 s G brgin sell ey and connrm unto the granieenT her heirs and assigns'never.all the real promo),together with improvements. I llying II '. if anY t lY ng and being in the County of Weld ..Stain I or Colorado. I t t described as falterer. II I All of the NW 1/4 of the SW 1/4 of Section 17, Township i North, ..;. Range 66 West lying West of the Union Pacific Railroad right of way, EXCEPT the South 798 feet thereof and EXCEPT the West 30 feet thereof for road. n`a l A --e,_, { .. -- I T T I \. I { II I also known by meet and number as: 3450 Weld County Road 27, Fort Lupton, CO 80621 I 1 I - me tar the he rditament,and appurtenance,Renter belonging.or in anywise appertaining.and the reversion arid TOGETHER`Ig alke lei rent-stone nlcT((".. ` tiFnn ssuex and profits Ine,ar and all the<:mu right.title merest claim arid demand whanw.er of the grantonxl,9T1 7kldb orequtl}9pf y gl to tie above bargained pram sea with n h eedlnnicnn and append, <es I I i TO 1100191,TO HOLD 1he14 isesabme bargained and described rich the uppnnenx,<es,unto the gran'iee 1 her brined - '� Dges'p 3, tt!eel.f,• its hi and personal representativein Wereon does t and agn-c that III Lam-• -Cr assigns 5 C + 1[;, apafl�Ss��AEVER DEFEND rve bargnPed prtmix•m,hagmm and peaceable p... of grunt«+f. . A Fk' = hrefizeys and assigns,agang aa?at,%cwny person orrersons claiming the whole or any pan thereof.by,IMMO Of under On ammnnsh IN W ITNE S WJmEREOF tie je?tgnnghe s executed this deed on the dmset fnnh abx $ 't /ff WWO�_ r _ 1 TEST\kAkn�e.�� UNITED BANK17Er }., , 2 I Dian Quist, Secretary y R. Jo Rhoades, President 1_ f - i --I STATE OF COLORADO > Fl Ih e• County of ADAMS 1 ss II L The foregoing instrument seas acknowledged before me this 15th day of October ..e90 , I t� 1 ' by R. John Rhoades, President, and Dian Quist, Secretary, of United Bank q of Brighton, N.A. „ ' - Wilms,my hand oval official seal. St—It_ mill-, t • 9 . tJ• My mission exerts 1/15/90 Y•. r• CZ) ,&ti II I y''. t• Q . c,� 15 ouch Main, Bright , CO 80601 ,Ili • f f _ __ _.. . _ 4:-."'....', t - 'Hun Denver imen"City amt.- lA F, 'II • Jw IL__— — _ _ Ne,IR.Rer.385. SPECIAL.WARRANTY HEED . •. . ' 8 Word Peblhhtna 1713 Wane S1..Demo.as WM-1303)192.1Wr—In 1 — UTILITIES STATE OF COLORADO OFFICE OF THE STATE ENGINEER /oV•cof Division of Water Resources Weld County Diu l I iti J; - ,<<V 0� Department of Natural Resources GRF,EI Fy (l FI(; � �p�i 1313 Sherman Street, Room 818 1�• A w Denver, Colorado 80203 JAN 2 7 2005 v firg77,/ Phone(303)866-3581 FAX(303)866-3589 www.water.state.co.us tO L.,¢^ GoBill Owens vernor Russell George Executive Director January 25, 2005 Hal D.Simpson,P.E. State Engineer Jacqueline Hatch Weld County Planning Dept. 918 10th Street Greeley, CO 80631 Re: Greenfield Amended Site Plan Review, AmSPR-216 Dear Ms. Hatch: Pursuant to the State Engineer's August 7, 1995 memorandum to county planning directors, this office is no longer providing comments on land use actions that do not involve a subdivision as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision", however, after a cursory review of the referral, we find that it is appropriate to offer the following comments. These comments do not represent a comprehensive opinion of the proposed water supply. According to the referral information, and the information available in the State Engineer's Office, there is an existing well located on the property, constructed under permit no. 111673, and a proposed well, permit no. 61813-F. Well no. 111673 is currently permitted for commercial drinking and sanitary purposes only. The well is limited to an annual withdrawal of 0.33 acre-feet, pumping rate of 15 GPM and cannot be used outside for any purpose, including landscape watering. The applicant also has obtained well permit no. 61813-F, which allows the construction of a Laramie-Fox Hills aquifer well. The well is permitted for commercial purposes with an annual withdrawal limitation of 1.4 acre-feet and a maximum pumping rate of 15 GPM. This well, if constructed, can be used for any commercial purpose, including outside uses. These wells can be used for the commercial site, however, the uses of the wells are limited to those approved under the well permits. If you have any questions in this matter please call Joanna Williams in this office. Sincerely Kevin G. Rein Water Resource Engineer 0CT-08-04 10:IDAµ FR0µ-Cola Div of Water Resources #3038663588 T-636 P102/0)2 F-852 Form No. OFFICE OF THE Si -E ENGINEER • GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 60203 (303)8683581 LIC WELL PERMIT NUMBER 61813 -F DN. 1 WD2 DES. BASIN APPLICANT MD APPROVED WELL LOCATION WELD COUNTY NW 1/4 SW 1/4 Section 17 JOYCE NI GREENFIELD Township 1 N Range 66 W Sixth P.M. 7415 VARDON WAY DISTANCES FROM SECTION LINES FT COLLINS, CO 80528- 2580 Ft.from South Section Line 180 Ft. from West Section Line (970)225-6788 UTM COORDINATES (NAD83) PERMIT TO CONSTRUCT A WELL Fasting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material Inlay to existing water rights. The eauance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking reset In a civil court action. • 2) The construction ction of this wall shall ba In compliance with the Water Well Conetnction Rules 2 CCR 402-2,unless approval of a variance has been grantee by the State Board of Examiners of Water Well Construction and Pump Installation Conbaaors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(4)and the Bndkgs of the State Engineer dated De! ib[ $ 2004/ 4) The use of ground valor from this well Is Ilmred to commercial. 5) The pumping rate of this well atoll not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 1A acre-feet. 7) Production Is limited to tie Laramie-Fox Fees aquifer which Is located 575 feat below lend surface and extends to a depth of 885 feet. Plain casing must be Installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers, a) The depth to the top of the Laramie-Fax Fills aquifer is appradmate. To ensure the exclusion of pea quality water from zones Immediately above the aquifer,plain casing and grout shall extend through the lowermost coal endlor carbonaceous shale that overlies the Laramie sand portion of the arbiter. 9) The snare length of the hole shall be geophyeeatiy logged as required by Rule 9 al the Statewide NonMbutery Ground Water Rube Prior to lnstelfng casing. 10) The owner shall mark the well In a conspicuous place with well permit number(s),name of the manor,and court case numbers)es approprlae. The eater shall take neassey means and precautions to preserve these merldhge. 11) A totalizing flow meter must be Installed on this wall and maintained in good working order. Permanent records of all diversions must be maintained by the welt owner((evaded at least annually)and submitted to the Division Engineer upon request. 12) This well shall be constructed at least 600 feat from any existing well,completed in ta,same aquifer,that is not owned by the applicant. except for the well with permit no.231319,for whloh a waiver of objection was received from the welt owner. 13) This well shall be constructed net more than 200 feet from the location specified on this permit. 14) Pursuant to CRS 37-90-137(9Kb)and the Denver Basin Rules,no more than 98%of the nonWbutery ground water withdrawn amualy shall be consumed end the well owner shall demonstrate to the reasonable satisfaction of the State Engineer that no more than 98%of the water withdrawn wit be consumed. 15) The weeks subject to administration by the Division Engineer In accordance with applicable decrees,statutes,odes,and regulations. NOTE:The coley of this well to withdraw la authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated,due to anticipated water level declines. • • APPROVED da • 4,40.• GMB • �BI® State Engineer Sy • ,Racefpt No.0525693 DATE ISSUED 10-08-2004 EXPIRATION DATE 10-08-2005 .1"1/4 _ 1 WRJ.s•Rev 76 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 RECEIVED PERMIT APPLICATION FORM OCT 0 2 1979 Application must wa RESOURCES be complete where ( I A PERMIT TO USE GROUND WATER WU MOM applicable. Type or Pt) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR. I 1 A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( I REPLACEMENT FOR NO. _. initialed. ( I OTHER WATER COURT CASE NO. Ill APPLICANT mailing address FOR OFF ICE USE ()NI V. DO NOT WRITE IN THIS COLUMN L r _P /733 NAME Lfl'.Ql1.1—_6. dLT�L� _ �`YF.jt__.Li___LLe_L_.____.__ Receipt No STREET 'oA Aril_ Basin ... Basin CITY i/u/rSO/r _ CO c$ub _ mrel czio ya CONDITIONS OF APPROVAL TELEPHONE NO. /peat ___._..._._... This well shall he used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water J , right or preclude another owner of a vested water County �*�r� ... .._ _ _._. ..___ _ ___ right from seeking relief in a civil court action. 1✓l of the S ('A(; _ Y.Section_ A,ppRoyED pmmSIIiNT TD CRS 1973, 3T-9£-602 Twp _l h' . Rog 6 M. (1) (c ) FOR DRINKING AND SANITARY ms: N-. FACILITIES ONLY IN AN INDIVIDUAL (3) WATER USE AND WELL DATA COMMERCIAL BUSINESS. AVERAGE DAILY APPROPRIATION FROM THIS WELL Proposed maximum pumping rate (gum) /5 _ SHALL NOT EXCEED 300 GALLONS. Average annual amount of ground water to he appropriated (acre-feet) _ Number of acres to be irrigated: Proposed total depth (teen- Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( I HOUSEHOLD USE ONLY no Inigation (01 I I DOMESTIC Ill I ) INDUSTRIAL 151 1 I LIVESTOCK (21 ( I IRRIGATION (6) (4 1 COMMERCIAL 14) I I MUNICIPAL 18) I OTHER (91__._ _ _ APPLICATION APPROVED DETAIL THE USE ON RACK IN '111 1 1 h•l.3 PERMIT NUMBER _ _ _ _. (4) DRILLER DATE ISSUED NOV. 191979 Name _ ,C_/_O.CN. 1.r_. __. __...__ EXPIRAT DATE_NOV 1_9 1981 Streetcoy_ hn�r IN iiim BY • Telephone No I u. Nn .. .. - I D. ._/ n� __ COUNTY ^x.51 . 4,37- 3tC ? 9a 9/ao RECEIVE, • O n p sAivn- T'�N or IcloN' • 1202"9 91'0/43 AUG 301990 I STATEMENT OF.EXISTING SEPTIC SYSTEM .. (PLEASE FILL OUT IN INK) WELD COUNTY HEALTH Din.- OWNER OF RECORD: , VICLeS 16,16,_k._ Phone: 451-0350 •J MAILING ADDRESS: ? .- R65e. 4,-it ?v� � . wOed ( City Stare Zip SITE ADDRESS: 3956 LP c- 27 Ft1_,..f;I'`-� Z ( City State Zip • sIAIP LEGAL DESCRIPTION: PT PT Section 1 / Township / N Range 6O 10 SUBDIVISION - - LOT BLOCK FILING � / NUMBER OF PEOPLE: 0 Bedrooms: I_Bathrooms: 2 Water Supply .• we—`/4. RESIDENTIAL O1�COMMERCI Lot Size: S .1 J Acres c. SYSTEM SIZE: Tank is Constructed of Cp KC, and has.2006 gals capacity (ma 'erial Sze_: �,�.k+,.:ok.�. + will a��� old �'.,J,to - ODat^ ej., ,_„4arg°/ -S" FIELD: Bed or Trench • sq. ft. Date System Installed: (:"90O1F3 You are required to draw a diagram "of the system on the reverse side of this form and indicate position, length, width, and distance from the dwelling. The undersigned property owner hereby certifies that the above described 'septic system is ill fact. Installed, as described, and exists at this time on the parcel of ground identified by the above legal .description and further states that the system is in good working order and co the best of• his/her knowledge is not failing to function properly. • I- further understand that any falsification or. misrepresentation may result in revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. Date - '�//!} r - Subscribed and rn Co before Je this 3) ie day of 1....��� , 19 90 by /C, %f(iyLp� /�l�'.e.4 C) �I__ �__ Witness my ltala<3;.and official seal. My coo)mission expires - Gb -91 • -. Date Notary Public • i .STATEMENT OF EXISTING REVIEWED B‹:- - ( $41*-- - ir13// g() REFERRALS W/O COMMENTS Weld County Referral C. COLORADO January 14, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Joyce Greenfield Case Number AmSPR-216 Please Reply By February 11, 2005 Planner Jacqueline Hatch Project Amended Site Plan Review Legal Pt NW4 SW4 of Section 17, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 27; approximately 1/2 mile south o fCR 10. For a more precise location, see legal. Parcel Number 1471 17 000070 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 U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency Date ❖Weld County Planning Dept. +918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Referral List Name: ,j(3,J6t- /([-e-e'' fi(174° Case# / A :5r g ,1 01 ' County Towns&Cities Fire Districts attorney _Ault _Ault F-1 b .Health Department —Berthoud _Berthoud F-2 4 ') s —Extension Office Brighton Briggsdale F-24 2')° ), _Emergency Management Office-Ed Herring _Daconc _Brighton F-3 * k O _ reic Sheriffs Office Eaton _Eaton F-4 * (1 ter - Public Works —Erie L Fort Lupton F-5 5;1! —Housing Authority _Evans _Galeton F-6 / r H i —Airport Authority _Firestone _Hudson F-7 D _Building Inspection J Fort Lupton _Johnstown F-8 k.Code Compliance —Frederick —LaSalle F-9 ---ifakathsglarkelChtiPArieggiftftifti —Garden City —Mountain View F-10 Kim Ogle(Landscape Plans) _Gilcrest _Milliken F-11 Lin or Peggy(Addressing Change of Zone) _Greeley _Nunn F-12 '"'r t'` _Ambulance Services _Grover _Pawnee F-22 V- r, State _Hudson _Platteville F-13 / 1,GC..1 Div.of Water Resources Johnstown _Platte Valley F-14 v1 ctej _Geological Survey —Keenesburg —Poudre Valley F-15 53 " _Department of Health _Kersey _Raymer F-2 �J � 1 pepartment of Transportation _LaSalle _Southeast Weld F-16 4V _Historical Society 4,1:ochbuie _Union Colony F-26 —Water Conservation Board —Longmont Western Hills F-20 —Oil&Gas Conservation Commission —Mead _Wiggins F-18 Division of Wildlife Milliken —Windsor/Severance F-17 _South Hwy 66(Loveland) _New Raymer 9'(y_`L( �H P h"� 1 / -66 - —North Hwy 66(Greeley) _Northglenn Legal .y —Division of Minerals/Geology _Nunn Parcel ID# / 9 71 L 1 O64)-7o Soil Conservation Districts _Pierce Zone I -Z k 4 Acres? 3. 2?-V— _Big Thompson _Platteville USDA `1 ^-ciiirksf _Boulder Valley _Severance Airport Ej° —Brighton _Thornton Geo Haz 1) _Centennial —Windsor FP? )J Panel# q RR(63 C- _Fort Collins Counties Road Impact Fee Area? 9'1)EC-0 —Greeley —Adams (S' ._ ,«c=,- wxvJ+w--r _Longmont —Boulder IGA? /1/4J-/ ORD# _Morgan _Broomfield MUD? J_Platte Valley —Larimer Southeast Weld Other - v',fib...)w Pert vFi c (L R. (o West Adams —Central Cob.Water Conservancy Dist Federal Government Agencies —Left Hand Water —US Army Corps of Engrs —School District RE- 211 7i4 _USDA-APHIS Vet Service Art Elmquist(MUD Area) I _Federal Aviation Admin(Structures over Ditch Company,�Lr°nl °iTC 4 — over 200 ft or w/in 20000 ft of Pub Airport Commissioner 7 _Federal Communications Comm REFERRAL LIST NAME:Joyce Greenfield CASE NUMBER:AmSPR-216 REFERRALS SENT: January 14,2005 REFERRALS TO BE RECEIVED BY: February 11, 2005 COUNTY TOWNS and CITIES Attorney _Ault _x Health Department Berthoud Extension Service x_Brighton Emergency Management Office Broomfield Sheriffs Office Dacono x Public Works Eaton Housing Authority Erie Airport Authority Evans Building Inspection Firestone x Code Enforcement \, x_Fort Lupton Frederick STATE _Garden City N x Division of Water Resources Gilcrest Geological Survey _Greeley Department of Health Grover ix Department of Transportation _Hudson Historical Society _Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland \_x_Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville xFort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _x Union Pacific RR Greeley x_Fulton Ditch Longmont x_Kim Ogle \\x_West Adams Cam. '50°Cf1\ 1+- IIH Weld County Referral COLORADO January 14, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Joyce Greenfield Case Number AmSPR-216 Please Reply By February 11, 2005 Planner Jacqueline Hatch Project Amended Site Plan Review Legal Pt NW4 SW4 of Section 17, T1 N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 27; approximately 1/2 mile south o fCR 10. For a more precise location, see legal. Parcel Number 1471 17 000070 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. • kikrA c t-i(m {_ Ps i cAL i-v . 4lcLi , , I �V`A� r t i tl k Comments: • Signature L _' ,1 lick a �Agency Date 9 Y . r'1ffr ' fli. uCR . +Weld County Planning Dept. C•918 10th Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax REFERRALS W/COMMENTS Weld County Planning Department \N(,lU,r ,I/ pG a cgrcl w nFHCE � � RECEIVED ON FEB Z ).00`; RELV JAN 19 2005 hr !V CDOTRegion4TrafficSarioo WIOc. Weld CountyReferral 14 2005 COLORADO January The Weld County Department of Planning Services has received the following item for review: Applicant Joyce Greenfield Case Number AmSPR-216 Please Reply By February 11, 2005 Planner Jacqueline Hatch Project Amended Site Plan Review Lega/ Pt NW4 SW4 of Section 17, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 27; approximately'/] mile south o fCR 10. For a more precise location, see legal. Parcel Number 1471 17 000070 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 Departmentof 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 U We have reviewed the request and find no conflicts with our interests./y 1 - ❑ See attach� tletter. ?��ni woa It !,() affe. ca Jezec,t Comments: !f(.. U'in1�.yeana uS 35/Wt 8 -/ w i5/ ce '/ *►znf e info would lx_ necessary it, Eva bst • Signature ✓V� - ,�P�__ 005 Agency CO2:40Y kcal' Date +Weld County Planning Dept. ❖918 10th Street, Greeley,CO.80631 4*(970)353-6100 ext.3540 +(970)304-6498 fax AmSPR-216/Greenfield Page 1 of 1 Jacqueline Hatch From: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Thursday, March 10, 2005 8:31 AM To: Jacqueline Hatch Cc: dennis@landmark-builders.com Subject: AmSPR-216/Greenfield Jacqueline, I had an opportunity to visit with Ms Greenfield's contractor this morning regardin the above project. Based upon that conversation, my question regarding traffic volumes has been addressed. It does not appear that the volumes will have any significant impact on our state highway connections. I have no further 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 03/10/2005 Weld County Planning Department CPEUP 0FI CF FEB 2 a MEMORANDUM TO: JACQUELINE HATCH,PLANNING SERVICES IlDSUB,JECT:AMSPR-216 FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH t�DATE: 2 O05 JOYCE GREENFIELD COLORADO CC: Environmental Health Services has reviewed this proposal for commercial condominiums. 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 incorporated into the permit as conditions that must be met prior to issuance of building permits: 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. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to the issuance of the Certificate of Occupancy: 1. An individual sewage disposal system is required for the proposed new building and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 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 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. 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. 6. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 7. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 8. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Commercial Well # 61813-F) 9. 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). 10.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 11.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 2 Neld County Planning Deparment CUR EY OFFICE UNION PACIFIC FEB 3 2005 IIIIII RECEIVED January 31, 2005 Jacqueline Hatch Weld County Colorado Planning 918 101° Street Greeley, CO 80631 Re: Petition for Amended Site Plan Review—Case No. AmSPR-216 Dear Ms. Hatch: This is to acknowledge receipt of your January 14, 2005 letter regarding the Petition for Amended Site Plan Review Exemption Case No. AmSPR-216 for construction of commercial condominiums on property adjacent to Railroad right-of-way. I have reviewed the above letter and object to such proposed use without the County's requirement of a fence being constructed along the common property line of the Union Pacific Railroad Company's adjacent main line rail corridor. The Railroad's corridor through this area is 400' wide being 200' on either side of the main track centerline. Any development plans provided by Applicant must reflect the Railroad's 400' wide right-of-way (which they do). The proposed use as commercial is contrary to the objectives of public safety and general welfare, and conflicts with the Railroad's adjacent industrial use. Therefore, at a minimum, the Railroad would request that a 6' chain-link fence be constructed to protect its operating corridor. The Railroad has long objected to uses that combine human occupancy or congregation near unprotected and unbuffered freight rail operations. These objections reflect a concern for public safety and impacts from the generation of noise and vibrations from freight operations. The Applicant, Joyce Greenfield, is currently leasing a portion of the Railroad's right-of-way as depicted on the Amended Site Plan for truck parking and purposes incidental thereto. The Lease does not allow for the construction of any buildings or structures on the leased area which is confirmed by the Site Plan. As information, Ms. Greenfield's lease extends to June 30, 2022; however, other than by Lessee default,the Railroad does have the right to terminate the lease with 30 days notice for safety or operating purposes. Therefore, should the above fencing requirement be met for any proposed development adjacent to the Railroad's property, the objective raised herein shall be withdrawn and the Railroad will agree to the Amended Site Plan adjacent to the Railroad. Should you have any questions or would like to discuss further, please call me to discuss. incerely, j1CV,...t_g—, Gr g A. Larsen Manager Real Estate (402) 544-8552 Real Estate UNION PACIFIC RAILROAD 1400 Douglas Street, Stop 1690 Omaha, Nebraska 68179-1690 ix. (41)2) 301-0340 dlii41°I;q6 ,--. tr3 A (+ ' eld County Planning Department GnEFI EY OFFICE EER 2 1 2005 RECEIVED Weld County Referral Illige COLORADO January 14, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Joyce Greenfield Case Number AmSPR-216 Please Reply By February 11, 2005 Planner Jacqueline Hatch Project Amended Site Plan Review Legal Pt NW4 SW4 of Section 17, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 27; approximately'A mile south o fCR 10. For a more precise location, see legal. Parcel Number 1471 17 000070 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 ❑ We have reviewed the request Ind find no conflicts with our interests. 2 See a. eow.vrc, • ez co • in...Z 4-�Y a€ 1 t S• CAvt- € i4.4-1) rvVtQE S'4•(/FN�=- Comments: _�a 64..4,- - gAL S 4 r' S rE eL ,t ' )r te Fpe �I - L. .:..� C-- , . . • "F ,- t ' v Sun.—. !.y ,C ,' A,,,4,..$ b t- ci.A -6 is - e4w 1/4.w --' ',Lilt._ I cy.- w err pill/VC--.a-v..._ • /A/ �/��'7 yy J Signature /lam+ Fr - V� //�'t.sc e.c, ..2 l& `CO, Agency A-- It-u-t2 (4j,•rivet-e-- 4 ...afr Date •:•Weld County Planning Dept. 4.918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax ,46ta�' MEMORANDUM WilDTO: Jacqueline Hatch,Planner DATE: 14-Mar-2005 �• FROM: Peter Schei,P.E.,Public o epartment COLORADO SUBJECT: AMSPR-216 Greefield Commercial Property(Amended Site Plan Review) Weld County Public Works Department has reviewed this Amended 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 ❑ The applicant has submitted an amended site plan for Amended Site Plan Review No. 216, dated 31-December-2004, for Landmark Builders of Greeley, which is generally acceptable to Public Works. The applicant shall reserve the proper rights-of- way for CR 27 and resubmit the site plan. ❑ Stormwater drainage is an application requirement for site plan reviews within Weld County. The applicant must address stormwater with-respect-to this site(see CODE Sec.23-2-160-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." ❑ The Public Works Department requests a brief drainage report and plan documenting stormwater runoff for this development site. The engineer must stamp,sign and date the drainage report/drainage plan drawings to be submitted for this development. ❑ The applicant must submitted on-site Improvements Agreements. These agreements shall be approved by the BOCC prior to recording the site plan. ❑ Weld County has jurisdiction and maintenance of CR 27 adjacent to this development. The applicant must utilize the existing access point to CR 27,which is paved. ❑ The applicant shall distinctly show and dimension the appropriate right-of-way for CR 27 on the site map. CR 27 is classified as a minor arterial with a total 110-foot right-of-way. ❑ Currently,the external roadway(s)are capable of handling traffic from the facility. ❑ This proposed development will contribute traffic to the surrounding area, including US 85. The applicant may be required to participate and contribute to improvements for the US 85 Highway Access Control Plan. ❑ The applicant has indicated off-street parking and transportation circulation. Li Parking for this site plan shall meet County standards as specified in Weld County Code 23.4.30.B and Appendix 23-A and Appendix 23-B. Loading/service areas should be paved. ❑ Parking Lots shall conform to all standards of the Americans with Disabilities Act. Minimum ADA requirements shall be met for this site. Handicap access to sidewalks around the building and to designated parking must be undertaken. Grading shall not be greater than 2% for the handicap stalls and access aisles. The number of handicapped stalls must be shown on the plans, along with dimensioning. ❑ The Public Works Department will continue the review process for this site plan once we receive the requested drainage materials and revised plat. Recommendation ❑ The Public Works Department recommends approval of this Site Plan, based on compliance with Weld County CODE requirements listed above. The applicant shall address the comments listed above for this review process. The review process win conduits only when all appropriate elements have been submitted. Issues of concern must be resolved with the Public Works Department prior to recording. PC:AMSPR-216 Greefield Commercial Property(Amended Site Plan Review) Email&Original:Planner Page 1 of 1 ' a 0 Weld County Referral C. COLORADO January 14, 2005 The Weld County Department of Planning Services has received the following item for review: Applicant Joyce Greenfield Case Number AmSPR-216 Please Reply By February 11, 2005 Planner Jacqueline Hatch Project Amended Site Plan Review Legal Pt NW4 SW4 of Section 17, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 27; approximately'/ mile south o fCR 10. For a more precise location, see legal. Parcel Number 1471 17 000070 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 ❑ We have reviewed the request and find no conflicts with our interests. 4C1 See attached letter. Comments: Signature 6[ (7,,.. 9 3- /Y- Agency cr t� yy f TAJSf pGJ/ot/ Date ❖Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax a DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 918 10th Street, Greeley, 80631 rit WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 1111D COLORADO March 14, 2005 Joyce Greenfield AmSPR-216 Amended Site Plan Review 1. A building permit shall be obtained prior to the construction of the new building.A separate building permit will be required as tenant spaces are leased. This building permit process will determine the use of each separate space and the required occupancy separation in hours between spaces as determined by Table 302.3.2. of the 2003 International Building code. 2. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Engineered foundations are required to be designed by an architect or engineer licensed by the State of Colorado. Two complete sets of plans are required when applying for each permit. Provide plans to Fort Lupton Fire Protection District for their review and approval. 3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. The Building, until spaces are leased, will be classified as S-1 (Moderate storage facility). Each space will be / issued a Certificate of Occupancy as they are finished. The building and each space shall be accessible to persons with disabilities. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 5. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setbackrequirements are measured to the farthest projection from the building. Please contact me for any further information regarding this project. Sinc ely, ° 1(0Lyc —O Vigil / oger Building Official Service,Teamwork,Integrity,Quality Hello