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SITE SPL.,IFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number / 3 c S - Z 6_- / _ U v _ v -S
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description L.o f 8,4o.�diE,rfion , Section 2- Township Z North, Ranged',West
RE--ssey
Flood Plain: Zone District: A , Total Acreage: 3_5 S — , Overlay District:
Geological Hazard: , Airport Overlay District:
FEE OWNER(S)OF THE PROPERTY:
Name: GUr///4/n c/fin it 7/7 S/ 1, ea An?5LP r
Work Phone# Home Phone# 3 03-t33.3 - Email Address
Address: '�!so2_ t t . cX? y/ a) .
City/State/Zip Code o„-n„o co c s-7y
l �
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: 2-;r7 73 T. 2e r4
Work Phone# 3o3-9yQ—o? iHome Phone# 3O3-vv2- tyzS Email Address Viee,b co/II Usfn2f
Address:
City/State/Zip Code
PROPOSED USE:
4/117ir en f .S/o j i'rla /ca i JY
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating that
the signatory
has to legal authority to sign for the corporation.
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Signature: Owner or Authorized Agent Date/ Signatur er or Authorized Agent Date
EXHIBIT
2005-0544 1 �,
October 28, 2004
To Whom It May Concern:
Please be advised that Mr. Linn T. Leeburg, dba Leeburg& Associates, 707 Hawthorn Avenue,
Boulder, CO 80304 (303/442-2428) is hereby designated to serve as the agent for Ann M.
Stonebraker, 4502 WCR 11, Dacono, CO 80514, regarding matters incidental to Weld County's
Use By Special Review processes and attendant submittals for certain planned improvements on a
property in the NE 1/4, Section 28, Township 2 North, Range 64 West, (Parcel No.
130528100033)currently owned by myself.
Your cooperation and support of Mr. Leeburg in his role serving as my agent is appreciated.
Thank you.
Sincerely,
Ann M. Stonebraker
4502 WCR 11
Dacono, CO 80514
303-833-2117
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1 STATE OF COLORADO STATE FILE NUMBER
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❑x District Court U Denver Probate Court
Weld County, Colorado
901 9th Avenue
P. O. Box 2038
Greeley, CO 80631
IN THE MATTER OF THE ESTATE OF
WILLIAM N. STONEBRAKER,
A COURT USE ONLY
El Deceased
Attorney or Party Without Attorney(Name and Address): Case Number:
Richard M. Hopper
Robinson and Diss, P. C.
1660 Lincoln Street, Suite 2900
Denver, CO 80264
Phone Number: (303)861-4154 E-mail: rmhopper@lektax.com Division Courtroom
FAX Number: (303) 860-8654 Atty. Reg. # : 4706
ACCEPTANCE OF APPOINTMENT
•
I accept appointment to,and agree to perform the duties and discharge the trust of,the office of
® Personal Representative.
❑ Special Administrator.
O Conservator.
O Guardian.
I submit personally to the jurisdiction of this Court in any proceeding relating to this matter.
DATE: 't-,; 7-0'f
Signature of Fiduciary
(Type or Print name,address,8 tele.#of Fiduciary below)
Ann M. Stonebraker
4502 Weld County Road#11
Dacono. CO 80514
(303)833-2117
CPC 18 R7/00 ACCEPTANCE OF APPOINTMENT 1
This form conforms in substance to CPC 18.
Use By Special Review Questionaire
Stonebraker Equipment Staging & Storage Facility
Ann M. Stonebraker,Applicant
No. 1: Proposed USE of the Property
The Applicant owns some 135.18 ± acres in the NE 1/4, S28, T2N, R64W of the 6'"Principal
Meridian, Weld County, Colorado (Parcel No. 130528100033), located on WCR 18, west of
WCR 55, Keenesburg, Colorado 80643 in the Agricultural (A)Zone District (Lot B - Recorded
Exemption RE-3589).
The Applicants are desirous of utilizing some 3.58± acres(the Subject Site) of the parcel for the
warehousing, staging and transferring equipment, material and supplies attendant to the operation
of their display fireworks business extant in the Denver Metropolitan area.
USR No. 1416 for a Fireworks Storage Facility was authorized by the Weld County Board of
County Commissioners and the Plat recorded on May 16, 2003, Reception No. 3063457. Said
USR was for an approved Storage Facility, as defined by ATF, comprising a maximum of 13
storage magazines separated from one another, inhabited buildings, passenger railways, and public
highways by not less than 200', 300' 300' and 300', respectively. Display Fireworks are to be
stored at a minimum in Type 4 Magazines. While it is unlikely any single storage magazine will
house explosive materials even approaching a net weight of 10,000 pounds, all clearances were
founded upon magazine capacities of up to 10,000 pounds in order to be highly conservative.
Lesser net weights allow lesser separation distances.
The aforesaid storage magazines are portable or mobile metal boxes, trailers, containers, semi-
trailers, or rail cars the nominal dimension of which usually do not exceed 8' x 53', immobilized
and are modified per ATF Regulations to be fire resistant, weather-resistant, and theft-resistant
per these Regulations. Usually 8'x 40' (320 sf) containers are utilized. This storage concept
represents common practice in the fireworks industry and is well accepted by ATF.
The Applicant and family have been in the fireworks business for over 80 years and are well
respected in the industry, enjoying an exemplary safety record. Display Fireworks are classified as
"low explosives" and their storage is regulated by the Department of Treasury, Bureau of
Alcohol, Tobacco & Firearms (ATF), ATF P 5400.7 (09/00). These display fireworks are also
known as Type 1.3G or Class B explosives. The Applicant's USE on the Site under the original
USR No. 1416 is consistent with and compliant with the provisions of ATF Federal Explosives
Law&Regulations(select excerpts enclosed), the 1997 Uniform Fire Code, Articles 77 (select
excerpts enclosed), and the Weld County Code.
Based on recommendation of Weld County Planning Staff(Mr. Chris Gatham on September 8,
2004), an Amended USR No. 1416 is being tendered to add an Equipment Staging USE in
addition to a Storage USE.
The Equipment Staging USE would entail construction of some 3 buildings, totaling 38,400±
square feet (se with one building including some 2,400± square feet of office space within. The
buildings will not warehouse display fireworks nor explosives. Such storage will continue to be
confined to the Approved Storage Facility originally authorized under USR No. 1416.
The new Facility will house materials and supplies such as electrical firing equipment, mortar
tubes, pallets, firing trailers, mortar boxes, mortar racks, sandbags, empty boxes and set piece
frames, etc. and the office will serve as an employee work area and a point of occasional customer
interface and transfer of display fireworks presentation components. Those fireworks (low
explosives) stored in the Approved Storage Facility will be staged, consolidated and combined
with the foregoing warehoused materials outside the warehouse(s) and loaded and transferred as
appropriate on trucks or trailers for customer presentations. Most of said materials and
equipment, less the actual fireworks are subsequently returned to the Subject Site for
consolidation, sorting, refurbishment and warehousing until re-deployment for future display
presentations.
The Subject Site will continue to be accessed from WCR 18 via an existing private, agricultural
driveway, appropriately controlled to prevent access by the general public. That access crosses
Lot A of Recorded Exemption RE-3589 via an existing platted 30'wide ingress/egress easement
at 26536 WCR 18.
Some 5 permanent employees would work at the Warehouse Facility, but this Application
requests authority to site up to 15 in the long term. Only limited and expected customers will
access the Site. No signage other than that required by fire and mail services is planned.
The future Subject Site is essentially level, requiring negligible dirt work.
The remainder of the parcel outside the scope of this USR will continue to be used for agricultural
purposes including farming, grazing and by leaving fallow; all under the control of the Applicant.
No. 2: Consistency with Weld County Comprehensive Plan
This Use by Special Review(USR)Proposal is viewed in the context of the repealed and re-
enacted Chapter 22 Comprehensive Plan Code Ordinance 2002-6 effective October 7, 2002. The
Stonebraker Equipment Staging & Storage Facility USR is consistent with the intent of the
Weld County Comprehensive Plan. The site of 3.58± acres is within the Agricultural Zone
District.
• D. Article II -Land Use Categories, "Conversion of agricultural lands to non-urban uses
will be accommodated only in areas that can support such development with adequate
facilities and services. This allows low density and low intensity development to occur
where appropriate. It also encourages techniques and incentives such as clustering,
restrictive easements, building envelopes and set backs to be used to both minimize the
impacts on surrounding properties, as well as conserve lands for agricultural production."
• Agricultural Goals&Policies, Section 22-2-60
D. A. Goal 4, "Conversion of agricultural land to non-urban residential, commercial and
industrial uses will be accommodate when the subject site is in an area that can support
such development. Such development shall attempt to be compatible with the region.
This goal is intended to address conversion of agricultural land to non-urban uses. Once
converted, this land is less conducive to agricultural production."
• 1.A. Policy 4.1. "Applications for the division of land which is zoned agricultural to non-
urban uses shall be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. The criterion shall include, but not be limited to:
a. A. Policy 4.1.1. Soil Classifications.
b. A. Policy 4.1.2. Availability, location and accessibility to existing infrastructure and
utilities.
c. A. Policy 4.1.3. Ensure safe and adequate access onto County roads or State highways.
d. A. Policy 4.1.4. The level of development associated with the site.
e. A. Policy 4.1.5. Consideration of existing improvements or structures.
f A. Policy 4.1.6. The impacts on services such as fire protection, law enforcement,
school districts, etcetera."
Consistent with the foregoing Comprehensive Plan provisions, Stonebrakers' Proposed Use
represents an allowed conversion of agricultural lands to non-urban use for an Equipment
Staging & Storage Facility.
The proposed use is low density and low intensity with negligible impact on surrounding
properties. Negligible tilled farm lands are impacted or removed from production.
Setbacks from adjacent private properties comply with Weld County regulations, as well as
ATF regulations and the proposed USE is "clustered".
No impacts on environmental or natural resources will occur.
The proposed USE has negligible impact on existing infrastructure; public utilities and
services such as water and sewer service are not required, energy requirements are
minimal, no roads are impacted and police and fire needs represent no greater impact than
normal agricultural operations.
No. 3: Consistency with Weld County Zoning Ordinances
The Applicants' USE la consistent with the intent of the Weld County Zoning Ordinance
for a Commercial USE in the Agricultural (A)Zone District under the provisions of Section
23-3-40, Uses by Special Review.
Under the Provisions of Uses by Special Review in the A District, "Section 23-3-40.R of the
Weld County Zoning ordinance provides within the Agricultural (A) District for"My use
permitted as a use by right, an accessory use, or a use by special review in the Commercial or
Industrial Zone Districts, provided the property is not a LOT in an approved or recorded
subdivision plat or LOTS part 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.
Stonebrakers' lot is not a platted subdivision lot, but a part of Recorded Exemption RE-
3589, Lot B. Stonebrakers' proposed USE is consistent with the provisions of the C-3
Commercial District, Section 23-3-230 B.6, "Warehousing& Transfer Facilities" and/or the
I-1, 2 & 3 Industrial Districts, Section 23-3-310 B.1.
No. 4: Surrounding USES
The Subject Site is adjacent to agricultural USES controlled solely by the Applicant to the south
and to the east of the Site. The Applicant's modular residence is some 1,500 feet to the east. To
the immediate north lies Lot A, RE-3589, a 3 ±acre lot owned by the Applicant's daughter. To
the west lies an agricultural/truck driving school site (USR No. 1438). To the north and to the
west occupied housing lies no closer than 700 feet and 900 feet, respectively. 1-76 Highway lies
south some 1400 feet.
No. 5: Questionnaire Response
(a) See(b) following. The general public would be restricted from the site. Occasionally,
expected and escorted customers will pick up and return fireworks displays and equipment
at the site.
(b) Some 5 permanent employees(15 long term future)will utilize the site.
(c) Hours of access by employees would be from 6:00 a.m. until 10:00 p.m., 7 days per week,
recognizing that most of the year normal business hours and days prevail with minimal
traffic. See(f) following.
(d) Three pre-engineered metal buildings will be constructed.
(e) No farm animals will be kept on the Subject Site.
(f) Vehicular access to the Subject Site would be approximately 20 trips per day by light duty
pickups (GVW of 10,000 pounds or less) or automobiles for inspection and product
transfer and employee commuting. Occasionally larger trucks may deliver equipment,
with as many as an additional 25-50 trips per day around the July 4t'Holiday (June and
July).
(g) Fire protection will be provided by the Southeast Weld Fire Protection District T. At the
discretion and direction of the Fire Protection District appropriate accessibility provisions
will be provided fire fighters.
(h) The Subject Site will be serviced by a new, commercial well. Conversations with the State
Division of Water Resources indicate such a well can be permitted.
(i) The Subject Site has no existing sewage disposal system. Proposed sewage disposal will
be provided via an appropriately engineered septic system.
(j) See foregoing No. 1.
No. 6: Landscaping
Given the character of the Subject Site; which is a small portion of an irrigated agricultural parcel,
buffered by lands owned by the Applicants, well removed from surrounding uses which are also
agricultural or high speed interstate highway and given the nature of the proposed USE; which is
warehousing storage with limited public access and given the fact that minimal irrigation supply is
available; no landscaping is therefore planned. Consistent with 5(h), foregoing, a small
commercial well is, in fact, restricted to not more than 1/3 acre foot production per year, limiting
irrigation capability.
No. 7: Reclamation
The Applicants intend to operate the Equipment Staging Facility as proposed in this USR for the
foreseeable figure.
Negligible site development will be required as the Subject Site is level for all practical purposes
and proposed improvements are pre-engineered metal buildings, set on grade.
Access drives will be gravel.
Future reclamation, if required, would simply entail removal of the buildings and grading of the
Subject Site to restore it to the current situation which is agricultural USE.
No. 8; Storm Water Drainage
This USR proposes no improvements or development that will affect historical drainage patterns.
Existing sheet storm water flows will not be disturbed. This site is not in a flood plain.
No. 9: Construction Schedule
Upon approval of this USR, installation of not more than two buildings would take place within
one year with ultimate build out some years hence.
Construction of the buildings will take less than two months and in all likelihood less.
No. 10; Waste Storage/Stockpile
Under this USR essentially al wastes will be generated save normal refuse incidental to
warehousing as negligible site development is necessary. Spoil from any leveling will be
distributed to maintain existing contours or deposited on adjacent agricultural lands owned by the
Applicant.
r
FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION
BUSINESS EMERGENCY INFORMATION:
Business Name: 570,7 a Sr,kn r /Qock /Y o /.,, f, rrw r s 8-96.00
y � Phone: 3�3— 5�S
Syys
Address: Altai --1/. .S/d 0-rcoc-�
R/ City,ST,Zip: � �o/
Business Owner: 4nn /Y/, 3/0 Phone: 3 ° 3 -8 3 3 - 21/7
Home Address: -X:cO2 G - c,Q //' City,ST,Zip: nitre) 'no 8oS/y
List three persons in the order to be called in the event of an emergency:
NAME TITLE ADDRESS PHONE
6e -54ygr -PreS•j 51 lS/re/ie%B/v //f'n✓U= 6)0 2.-z/ 3O3 -92/ !336
r d, Fojkecson—✓Pe 9200 wa // /20e an ' 8()Sit/ I22-" 936 -2ISb3
AA3+0n-Phre; —S��Tr��3 'VS oa 'c/Q//, /70c0fr,0 Kat c>,<-/"7/ 3o3-8't3"zli�
Business Hours: G -onam /B :aoi/Ad Days: '7 pays P r wPrk=
Type of Alarm: None Burglar Holdup Fire Silent Audible
Name and address of Alarm Company: 7%3 0
Location of Safe: /1(o n-e
MISCELLANEOUS INFORMATION:
Number of entry/exit doors in this building:_ 7-2.0 Location(s):
Is alcohol stored in building? no Location(s):
Are drugs stored in building? /7 o Location(s):
Are weapons stored in building? /2o Location(s):
The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the
programs of interest. Physical Security Check Crime Prevention Presentation
UTILITY SHUT OFF LOCATIONS:
Main Electrical: (73,0
Gas Shut Off: 7-050
Exterior Water Shutoff: 7730
Interior Water Shutoff: 7/30
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