HomeMy WebLinkAbout20053821.tiff flit GZ - IOSZ.
Chris Gathman
From: Lee Morrison
Sent: Monday, May 09, 2005 3:36 PM
To: Rob Laird; Chris Gathman •
Subject: FW: Final Plat COndition for Hunt Brothers Propertires, CAse No.COZ-1052
W �
5-10-051tr-memoto
morrisonre.fl...
t
Rob
Chris Gathman has kept me informed about the progress or lack thereof before the City
Council. They have other more pressing issues and have' not chosen to give City staff any
direction or take any action. I concur at this point that good faith has been shown on
Hunt Brothers/ Asphalt Specialties ' part in an effort to seek annexation Lee D. Morrison
Assistant Weld County Attorney 915 10th St. , PO Box 758
Greeley, CO 80632 (970)
356-4000 x 4395: FAX 352 0242
This a-marl contains confidential and/or privileged information: If the reader is not the
intended recipient, please reply and delete your copy of this message. "
»> Original Message
>>>From: Rob Laird [mailto:rlaird®asphaltspecialties.com].
»>Sent: Monday, May 09, 2005 1:45 PM
»>To: Lee Morrison
»>Subject: Final Plat Condition for Hunt Brothers Propertires,
»>CAse No.COZ-1052
>»
»>Lee:
»>
»>Please see attached. It is essentially the same letter that
>>>was written to Chris Gathman in March. Original will follow in mail.
»>
>>>Please act on this as soon as possible. I would like to get
>>>it off my desk, and I'm sure your Planning Director would
»>also like to know it is done. I do not see any problem with
»>Ft. -Lupton. I think it is pretty much forgotten by them
>>>now. They have never really seemed very concerned.
>»
>>>If you 'have any questions, please reply to this e-mail or
>>>call me at the numbers below.
»>
»>Thanks very much for your time. Rob Laird
»>
»> «5-10-051tr-memotomorrisonre.finalplatapproval.doc»
»>
»>
>>>Rob Laird, Land Manager
»>Asphalt Specialties Co, Inc./ASCI Readi-Mix/Hunt. Brothers
>>>Properties, Inc. r
»>10100 Dallas St. , Henderson, CO 80640
»>303.289.8555 ph./,303 .289.7707 fax / 303 .994.2015 cell
»>email: rlaird@asphaltspecialt.ies.com
»>
»>
a005-3P/
1
PL-i532
I
May 9, 2005
Mr. Lee Morrison
Assistant County Attorney
Weld County
P.O. Box 758
Greeley, Colorado 80632
RE: Case No. COZ-1052,Hunt Brothers Properties, Inc.Re-zone to Industrial
Dear Mr. Morrison:
Per a phone conversation with Chris Gathman on Friday, May 7, 2005, I understand that
you have the materials for the approval of the Final Plat for the referenced case. Chris
tells me that you are aware of the situation with the only remaining condition for
approval of the plat being some sort of agreement worked out with Ft. Lupton for future
annexation of the property to the city. I am writing you today to explain the situation
with regard to the City of Ft. Lupton and their approval process/time-frame for approving
or modifying a "pre-annexation" agreement between Hunt Brother's Properties and the
City and to ask you to consider that we have completed Condition "H" of the zoning
Resolution.
A condition of approval of the zone change placed by the Weld County BCC at the
hearing, as an attempt to ally the fears of the zone change for the City of Ft. Lupton , was
the requirement that Hunt Brother's "...attempt to address the requirements and concerns
of the City of Ft. Upton..." and that "Evidence of such..." shall be,provided to the
planning department. Also, the condition stated that, "The applicant, shall in good faith,
negotiate an annexation agreement with the City of Ft. Lupton."
As you are aware, annexation at this time of the Hunt Brother's property into the City is
not warranted, therefore, I developed a"pre-annexation agreement"that Chris was copied
on, and you should have now. The City has no services to extend to the property and the
property is not currently being contemplated for any use other than agricultural at this
time, i.e., there are no development plans that would require city services. To us, it then
makes no sense to fry and develop an annexation agreement.
The City has had the "pre-annexation' agreement since the end of January 2005 and they
have done nothing with it. A workshop was held between the City Planner, Tom Parko,
and the City Council on 3-16-05 to discuss the agreement, but nothing really came of it.
A hearing was to have been held on 3:23-05 to discuss the agreement, in which I was
ready to attend and hopefully come to some conclusion, but the Council decided to
2`.
postpone the hearing indefinitely. My understanding is that the City will not act on the
agreement at this time.
In my estimation, Hunt Brothers has attempted to negotiate in good faith an agreement
with the City that would leave the door open to possible future annexation into the City.
Hunt Brothers is not opposed to annexation into the City, but it makes no sense at this
time, as the City has no services to offer the property. We have been participating in
"workshops" with the City on annexation, of not only our property into the City, but all
of the other properties to the south on WCR-27 as well (Villlanos, Halliburton, the Grant
Bros./Horton Feedlot property, etc.). I participated in a questionnaire meeting with the
City Planner and HNTB, who are updating the City's Comp Plan, on Wednesday 3-23-
05. Another meeting is being held this Thursday night, May 12, in Ft. Lupton.
Hunt Brother's is desirous of completing the Final Plat on this zone change, as was also
urged by the Weld County Planning Director, and have completed all other conditions of
the Resolution.
Please consider that Hunt Brothers has attempted to "negotiate in good faith" an
agreement with the City of Ft. Lupton, and verify this with the completion of Condition
"H". Please forward your approval to Chris Gathman at your earliest convenience.
If you have any questions please contact me.
Sincerely,
Rob Laird
Land Manager •
attachments
cc: file
Dan Hunt
FAX TRANSMISSION
/ ==n
L
1'live Weld County
C®L®RAID® Department of Planning Services
Fax: 970-304-6498
Phone: 970-353-6100, Ext. 3540
To: Lee Morrison Date: 3/29/2005 '
• Fax: E7CT. 4022— Pages: 7 with Cover
Phone:
From: Chris Gathman � Vii.
Subject: CZ-1052 Condition of Approval H •
COMMENTS:
•
Lee,
I received this letter from Rob Laird in regards to Hunt Brothers (CZ-1052). They have negotiated an
annexation agreement with Fort Lupton but the agreement has yet to be adopted by Fort Lupton. I have
attached the correspondence from Tom Parko—Fort Lupton Planner on the status of the agreement.
This IS the last remaining condition of approval and the applicants wish to proceed with recording the plat.
Is this sufficient evidence that the applicants have negotiated in good faith with the City of Fort Lupton and
therefore have satisfied condition H?
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is
privileged,confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient
nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any
dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service.
Thank you.
Page 1of1
•
Chris Gathman
From: Fort Lupton planning [planner@frii.net]
Sent: Tuesday, March 29, 2005 12:31 PM
To: Chris Gathman
Subject: Re: Hunt Brothers (CZ-1052)pre-annexation agreement'
Chris,
When I took the pre-annexation agreement before City Council they seemed to rip it apart. What
I originally thought was something that was going to be hassle free turned out to be a fiasco.
Council did not give me a date when they would like to hear it. However, I plan on asking them on
April 6th if they would be willing to look at it again. One of their concerns was in the language. I
love Municipal Attorney's. I gave this document to our City attorney about three weeks prior to
the meeting and he said nothing or had no objections to it. On the night of the meeting he blurts
out his objections to Council. Needless to say I was pretty irked. Will keep you informed.
Tom
Chris Gathman wrote: •
Tom,I was just checking on the status of the CZ-1052 pre-annexation agreement. I heard that it was
continued indefinitely on March 23. Is this the case? And if so, any idea as to when the Board will
review this agreement again?Chris
•
•
03/29/2005
HUNT BROTHERS PROPERTIES, INC.
10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax(303) 289-7707
Weld County Planning Department
March 25, 2005 GREELEY OFFICE
MAR 2 8 2005
Mr. Chris Gathman ? EC[E II VE
Weld County Planning Department
918 10th Street
Greeley, CO 80631
RE: Case No. COZ-1052, Hunt Brothers Properties, Inc. Re-zone to Industrial
Dear Chris:
Per our phone conversation yesterday, I am writing you today to explain the situation
with regard to the City of Ft. Lupton and their approval process/time-frame for approving
or modifying a "pre-annexation" agreement between Hunt Brother's Properties and the
City and to ask you to consider that have completed Condition "H" of the zoning
Resolution.
As you are aware, being the case manager on the referenced zone change, a condition of
approval of the zone change placed by the Weld County BCC at the hearing, as an
attempt to ally the fears of the zone change for the City of Ft. Lupton ("H", see attached),
was the requirement that Hunt Brother's "...attempt to address the requirements and
concerns of the City of Ft. Lupton..." and that "Evidence of such..." shall be provided to
the planning department. Also, the condition stated that, "The applicant, shall in good
faith, negotiate an annexation agreement with the City of Ft. Lupton."
As you are aware, annexation at this time of the Hunt Brother's property into the City is
not warranted, therefore, I developed a•"pre-annexation agreement" that you have been
copied on, and that is also being attached. The City has no services to extend to the
property and the property is not currently being contemplated for any use other than
agricultural at this time, i.e., there are no development plans that would require city
services. To us, it then makes no sense to try and develop an annexation agreement.
• The City has had the"pre-annexation' agreement since the end of January 2005 and they
have done nothing with it. A workshop was held between the City Planner, Tom Parko,
and the City Council on 3-16-05 to discuss the agreement, but nothing really came of it.
A hearing was to have been held on 3-23-05 to discuss the agreement, in which I was
ready to attend and hopefully come to some conclusion, but the Council decided to
postpone the hearing indefinitely.
In my estimation, Chris, Hunt Brothers has attempted to negotiate in good faith an
agreement with the City that would leave the door open to possible future annexation into
the City. Hunt Brothers is not opposed to annexation into the City, but it makes no sense
at this time, as the City has no services to offer the property. We have been participating
in "workshops" with the City on annexation, of not only our property into the City, but all
of the other properties to the south on WCR-27 as well (Villlanos, Halliburton, the Grant
Bros./Horton Feedlot property, etc.). In fact, I just participated in a questionnaire meeting
with the City Planner and HNTB, who are updating the City's Comp Plan, on Wednesday
3-23-05.
Hunt Brother's is desirous of completing the Final Plat on this zone change, as was also
urged by the Weld County Planning Director, and have completed all other conditions of
the Resolution.
Please consider that Hunt Brothers has attempted to "negotiate in good faith" an
agreement with the City of Ft. Lupton, and verify this with the completion of Condition
.,H„
I look forward to hearing from you soon. If you have any questions please contact me.
Sincerely,
Rob Laird
Land Manager
attachments
cc: file
Dan Hunt
•
•
•
CHANGE OF ZONE (COZ#1052) - HUNT BROTHERS PROPERTIES, INC.
PAGE 3 •
right-of-way and the documents creating the right-of-way shall be noted on
•
the Change of Zone plat.
E. Easements shall be shown in accordance with County standards and shall
be dimensioned on the Change of Zone plat.
F. The applicant shall delineate and label all existingstructures on the Change
of Zone plat.
G. The applicant shall address the issues previously outlined to the satisfaction
of the Weld County Department of Public Works at the specific step of the
review process stated. The review process will continue only when all
appropriate elements have been submitted. Any issues of concern must be
resolved with the Department of Public Works prior to recording the Change
of Zone plat. Written evidence of approval shall be submitted to the
D ment of Planning Services.
H. The applicant shall a empt to address the requirements and concerns of the
•
City of Fort Lupton, as stated in its referral received December 18, 2003.
Evidence of such shall be provided to the Department of Planning Services.
The applicant shall,in good faith,negotiate an annexation agreement with the
City of Fort Lupton.
I. The applicant shall attempt to address the requirements and concerns of the
City of Brighton, as stated in its referral received December 29, 2003.
Evidence of such shall be provided to the Department of Planning Services.
•
•
J. The West Greeley Soil 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.
K. Written evidence from the Union Pacific Railroad shall be provided indicating •
the exact width of the railroad right-of-way within this parcel.
L. The applicant shall accurately delineate all irrigation ditches on the site.
• M. The applicant shall submit a complete Non-Conforming Use application for
the existing single family residence located on the property.
• N. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for Industrial uses which shall comply
with the 1-3 (Industrial) Zone District requirements as set forth in
Section 23-3-330 of the Weld County Code.
• 2) Any signage located on the property shall require Building Permits
and adhere to Section 23-4-100 of the Weld County Code.
2004-1055
PL1532.
PRE-ANNEXATION AGREEMENT
This Pre-Annexation Agreement (the "Agreement") is entered into by and
between the City of Fort Lupton, a Colorado Municipality (the "City") and Hunt Brothers
Properties, Inc, a Colorado Corporation (the "Applicant").
WHEREAS, the Applicant owns real property (the "Property") that is located
outside the present city limits of the City and the Urban Growth Area of the City, but is
within the Municipal Referral Area as defined by the Coordinated Planning Agreement
between Weld County and the City;
WHEREAS, the Applicant has successfully re-zoned the Property through Weld
County from Agricultural to Industrial-3 (I-3; Heavy Industrial). As part of the approval
process through Weld County, the Applicant is required by the resolution converting the
property from Agricultural to I-3, through a request by the City, to enter into this Pre-
Annexation Agreement for the future development of the Property. Annexation of the
Property into the City shall only occur if both the Applicant and the City can agree on the
final terms of annexation to be specified in an Annexation Agreement.
NOW, THEREFORE, in consideration of the above-representations and the
covenants and conditions set forth herein, the City and the Applicant agree as follows:
1. The Applicant, by and through the undersigned duly authorized
representative, warrants that it is the legal and equitable owner of the real
property as legally described in the attached Exhibit "A" and as depicted in
the survey set forth in the attached Exhibit "B", which are incorporated herein
by this reference.
2. The City agrees that upon annexation into the City, the Property shall be
zoned consistent with the present County zoning of such property.
3. The Applicant agrees that this Agreement shall be considered a valid petition
for pre-annexation, signed by the Applicant, its heirs or assigns, for the
Property or any area of which it constitutes a portion, subject to such zoning
provisions as are consistent with this Agreement.
4. The Applicant agrees that in the event of a sale or transfer of the property, it
will, as a condition of such sale or transfer, require the purchaser, or other new
owner, to sign a duplicate of this Pre-Annexation Agreement and that this
Agreement, and the promises made herein, do constitute a covenant running - - - -
with the Property and shall be binding on the undersigned Applicant and its
successors and interest to such property and that this Agreement shall be filed
for record in the office of the Clerk and Recorder of the County of Weld..
5. If any improvement districts include the Property following annexation of the
Property, Applicant shall not be required to pay assessment thereunder in
excess of its fair and equitable share for such improvements.
6. The Applicant agrees that at the time of annexation, the requirements of
C.R.S. sections 31-12-104 and 31-12-105, as amended, will be adhered to.
DATED this day of February, 2005.
City of Fort Lupton
By:
City Administrator
By:
Town Clerk
STATE OF COLORADO )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
February 20_by
My commission expires:
Witness my hand and official seal.
Notary Public
Hunt Brothers Properties, Inc.
By:
Applicant
STATE OF COLORADO )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of - --
February 20 by
My commission expires: -
Witness my hand and official seal.
Notary Public
HUNT BROTHERS PROPERTIES, INC.
10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax (303) 289-7707
February 14,2005
Mr. Chris Gathman,Planner
Weld County Dept. of Planning Services
918 10ih St.
Greeley,CO 80631
RE: Hunt Brothers Properties,Inc. Change of Zone,Case No. CZ-1052
Dear Chris:
Per our recent discussion on another project, where finalizing this plat was also discussed, please see
below and the enclosed. The following items address the requirements regarding the conditions of
approval for CZ-1052, Hunt Brothers Properties Inc. I will address each condition as listed in the
final Resolution as heard and approved on April 28,2004 by the Board of County Commissioners and
signed on May 10,2004:
A. There is only one page of the plat and it is labeled in the heading with CZ-1052.
B. The plat meets the requirements as outlined in Section 23-2-50 of the Weld County Code.
C. The boundary (perimeter) of the zone change property is shown distinctly on the plat and in the
legend.
D. The additional future ROW dedication for Weld County Rd. 27 (WCR-27) is called out and
shown on the plat.
E. All easements and rights-of-way are designated on the plat. All easements are contained within
either the Union Pacific Railroad ROW and the ROW for WCR-27.
F. Existing structures are designated and labeled on the plat.
G. Public Works comments indicate that at the time of site plan review, their concerns will be
specifically addressed.
H. The City of Fort Lupton's concerns are satisfied in the attached pre-annexation agreement. This
agreement is the result of discussions with both the City Administrator and the City Planner and
both the developer and the City of Fort Lupton have agreed that this is the best course of action at
this time, as the City is not able to extend services to the property.
I. The City of Brighton concerns regarding setbacks,buffering and landscaping will be addressed at
the time of site plan review.
J. The applicant'has read the West Greeley Soil Conservation District comments and will positively
manage onsite soils.
K. Enclosed is written evidence in the form of a private railroad crossing agreement with Hunt
Brothers Properties, regarding the right-of-way with the Union Pacific Railroad.
L. All irrigation ditches are accurately delineated on the plat.
M. A complete Non-Conforming Use application, map and supporting documentation are enclosed
for the existing single family residence located on site to be approved as a residential use on the
property.
N. All required Notes (1-24) are delineated on the plat.
Other:
• A cd is enclosed containing the change of zone plat in a digital format.
• Any further development on the site is understood to require Site Plan Review.
• At the time of Site Plan Review, the developer will work with CDOT and Weld County to
determine if any off-site road improvements are required.
If you have any questions or concerns, please contact me at(303) 289-8555 or by e-mail as shown on
the enclosed business card.
Sincerely,
Rob Laird
Land Manager
enclosures
cc: file
PRE-ANNEXATION AGREEMENT
This Pre-Annexation Agreement (the "Agreement") is entered into by and
between the City of Fort Lupton, a Colorado Municipality (the "City") and Hunt Brothers
Properties, Inc, a Colorado Corporation (the"Applicant").
WHEREAS, the Applicant owns real property (the "Property") that is located
outside the present city limits of the City and the Urban Growth Area of the City, but is
within the Municipal Referral Area as defined by the Coordinated Planning Agreement
between Weld County and the City;
• WHEREAS, the Applicant has successfully re-zoned the Property through Weld
County from Agricultural to Industrial-3 (I-3; Heavy Industrial). As part of the approval
process through Weld County, the Applicant is required by the resolution converting the
property from Agricultural to I-3, through a request by the City, to enter into this Pre-
Annexation Agreement for the future development of the Property. Annexation of the
Property into the City shall only occur if both the Applicant and the City can agree on the
final terms of annexation to be specified in an Annexation Agreement.
NOW, THEREFORE, in consideration of the above-representations and the
covenants and conditions set forth herein, the City and the Applicant agree as follows:
1. The Applicant, by and through the undersigned duly authorized
representative, warrants that it is the legal and equitable owner of the real
property as legally described in the attached Exhibit "A" and as depicted in
the survey set forth in the attached Exhibit "B", which are incorporated herein
by this reference.
2. The City agrees that upon annexation into the City, the Property shall be
zoned consistent with the present County zoning of such property.
3. The Applicant agrees that this Agreement shall be considered a valid petition
for pre-annexation, signed by the Applicant, its heirs or assigns, for the
Property or any area of which it constitutes a portion, subject to such zoning
provisions as are consistent with this Agreement.
4. The Applicant agrees that in the event of a sale or transfer of the property, it
will, as a condition of such sale or transfer, require the purchaser, or other new
owner, to sign a duplicate of this Pre-Annexation Agreement and that this
Agreement, and the promises made herein, do constitute a covenant running
with the Property and shall be binding on the undersigned Applicant and its
successors and interest to such property and that this Agreement shall be filed
for record in the office of the Clerk and Recorder of the County of Weld..
5. If any improvement districts include the Property following annexation of the
Property, Applicant shall not be required to pay assessment thereunder in
excess of its fair and equitable share for such improvements.
6. The Applicant agrees that at the time of annexation, the requirements of
C.R.S. sections 31-12-104 and 31-12-105, as amended, will be adhered to.
DATED this day of February, 2005.
City of Fort Lupton
By:
City Administrator
By:
Town Clerk
STATE OF COLORADO )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
February 20 by
My commission expires:
Witness my hand and official seal.
Notary Public
Hunt Brothers Properties, Inc.
By:
Applicant
STATE OF COLORADO )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
February 20 by
My commission expires:
Witness my hand and official seal.
Notary Public •
•
PRX 880805
Standard Form Approved,AVP-Law
Folder Number. 2222-21
PRIVATE ROAD CROSSING AGREEMENT
Mile Post 22.27,Greeley Subdivision
Location: Brighton,Weld County,Colorado
THIS AGREEMENT is made this 3rd day of December,2003,by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation, to be addressed at 1800 Femme Street, Omaha, Nebraska 68102 (hereinafter
"Licensor"), and HUNT BROTHERS PROPERTIES, INC., a Colorado corporation, whose address is 7321 E. 88th
Avenue,Henderson,Colorado(hereinafter"Licensee").
RECITALS:
The Licensee desires the maintenance and use of an existing private road crossing(hereinafter"Road Crossing"),
consisting of an existing 16' timber private road crossing and all appurtenances thereto, including but not limited to any
gates,cattle guards,stop signs or identification signs,drainage facilities,on,over and across the Licensor's right-or-way on
the Greeley Subdivision trackage at Mile Post 22.27, further identified as DOT Number 804473B, at or near Brighton,
Weld County,Colorado,in the location shown on the attached print marked Exhibit"A".
The Licensor is willing to grant the Licensee the right to cross itsright-of-way and tracks at the location shown on
Exhibit"A"subject to the terms set forth below.
NOW,THEREFORE,the parties agree as follows:
Article 1. LICENSOR GRANTS RIGHT.
•
The Licensor grants the Licensee the right to cross its right-of-way and tracks at the location shown on Exhibit
"A" subject to the terms set forth herein and in the attached Eidibit B, together with the right of entry to control and
remove from the Licensors right-of-way,on each side of the Road Crossing,weeds and vegetation which may obstruct the
view of motorists approaching the crossing area to any trains that may also be approaching the crossing area.
Article 2. CONSIDERATION.
In consideration of the license and permission granted herein, the Licensee agrees to observe and abide by the
terms and conditions of this Agreement and to pay to the Licensor a one-time license fee of ONE THOUSAND
DOLLARS($1,000.00).
ADMINISTRATIVE HANDLING CHARGE; .
The Licensee agrees to pay to the Licensor an administrative handling charge in the amount of FIVE HUNDRED
DOLLARS($500.00)for clerical,administrative and handling expense in connection with processing this Agreement
Article 3. RAILROAD FLAGMAN;WHEN REQUIRED;FLAGGING CHARGES:
a. No work of any kind shall be performed, and'no person, equipment, machinery, tool(s), material(s),
vehicle(s), or thing(s)shall be located, operated,placed,or stored within 25 feet of any of Railroad's track(s) at any time, •
for any reason,unless and until a Railroad flagman is provided to watch for trains,pursuant to the terms of the attached
Exhibit 'A'. All expenses connected with the furnishing of said flagman shall be at the sole cost and expense of the
Licensee, who shall promptly pay to Railroad all charges connected therewith, within 30 days after presentation of a bill
2222-21. rx Articles of Agreement December 3,2003
F Pam 1 ' /6+.6!�`;
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• • SHOW NORTH ARROW
• '3& ANGLE •
UPRR R/W
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•
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LOCATION PLAN
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• -WIDTH OF ROADWAY •
- EXHIBIT "A."
UNION PACIFIC RAILROAD COMPAI
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PROPOSED CROSSING FOR
NOTES: • II '' TL —
I-IU.NT ry ITIES/tNc.
I) App[ICANT TO PERFORM ALL GRADING, DRAINAGE, PAVING. /�
a UTILITY ADJUSTMENTS AT APPLICANTS E EXPENSE. •
`:J UA're 61-OSSIA.G'
2) APPLICANT TO REMOVE ALL VEGETATION FROM UPRR RIGHT -YC�I •
OF WAY FOR 500' EACH SIDE OF THE CENTERLINE OF
THE CROSSING.
3) APPLIRIGHT OF WAY LINE.
CTOOPROVIDE LOCKING GATES AT RAILROAD 1,014r E I-7315M? ZZ.z7
YASSNO .
I CALL ChFUIIE RAILROAD OWNED TRACKAGE - - - F ,.-
oPTIC 1 1pI IIIIIIYOU WORK ON R/WI RAILROAD RIGHT OF WAY a a:
I CABLE o I 800-336-91 ?3 7 ^ - �a� LXn
' P
I.� NONCONFORMING USE INFORMATION QUESTIONNAIRE
IMPORTANT - Complete all items on both pages. Mark boxes where applicable.
OWNER 4lunt.-art3ther5 vroper±ie5,Tn c•
ADDRESS 10180 M114e . , .
CITY,STATE ZIP CODE p44er I no echoic)
LEGAL DESCRIPTION - N$ .-?-SW 94 Section 20 , Township 1 N, Range (Ob
W
Total Acreage of property st)cic.ret Total Acreage of proposed NCU 2„° at!re5
PARCEL IDENTIFICATION NUMBER 1471 20 ccoo22
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•
_.■ rJ / i _ ■/ .� 1 Illf'I CQIi�i'.n. _ .. / I I r►_ / '4 J �. .I /b �.' 1 '
a ntn- r . i o use. g rgs'd a ae bM, ►:o cQnHnua l •'i ',pi J, lints 14110.
Iiu v5
CLL 1 c /f' :. in • .n. IGtw C. i ■�_' 5- I� Lr ��.
map elricto- 'ti's r. d.e-H-nt 'f-rxf► . - P. c,..„ P . - . clYrn irg
I n
Date Nonconforming Use Began? Apr iI 2-bI zco4
List the attached documentation substantiating the Nonconforming Use: See cvttadied -t4s
Wort!de,-Farm lease, &c rin.bUlI
J. How many employees, animals,items, etc.? 6ing\e-.4hrniL1 re51d9I1ee : 2. at1O 5,3 d-hI Wren
How long have you had this many employees, animals,items, etc.? 44 years
(Attach tax records, time cards, vet bills, sales receipts, pay stubs with dates, etc.)
The following conditions must be met prior to determining a Use as being considered a Nonconforming Use. .
I,the undersigned, understand and agree to the following conditions of this Nonconforming Use as stated in
the Weld County Code, Chapter23, Article VII(7), Section 23-7-30:
PLEASE READ AND INITIAL EACH ITEM:
Extension or Expansbn.
®rI verify that the nonconforming use has not been nor shall be enlarged, increased, or extended to
occupy a greater area of land without first having received a Use by Special Review permit pursuant
to the procedure established in Article II, Division 4 of this Chapter. (23-7-30.A.1 -Weld County
orCode)
I verify that the nonconforming use has not been nor shall be extended or enlarged by erection of
additional signs intended to be seen from off the premises, or by the addition of other uses which
would be prohibited in the zoning district involved.
page 2
I verifythat the nonconforming use has not been nor shall be moved in whole or in part to any portion
of the lot or parcel other than that occupied by such use at the effective date of this•nonconforming
use
Substitution of USES.
Su�s` — I understand that a nonconforming use may, as a Use by Special Review be changed to another use
which does not conform to the uses allowed h the zoning district, provided that the Board of County
Commissioners shall find that the proposed use is equally appropriate or more appropriate to the
zoning district and neighborhood than the existing nonconforming use. In permitting such change,
' the Board of County Commissioners may require appropriate conditions and safeguards in
6---- accordance with the provisions of this Chapter.
t'W`✓r I understand that whenever a nonconforming use is replaced by a permitted use,the nonconforming
use may not be reestablished.
A�band t.onmen
" I understand that ifany such nonconforming use of land ceases for any reason for a period of more
than six (6) months, any subsequent use of such lot or parcel shall conform to the regulations
specified by this Chapter for the zoning district in which such lot or parcel is located.
Print Name: Daniel W. Fhant
Property Address: Zz-4Z Weld CGQ�.it Rel. 27,1 Ft.L ton, CD t06Zj
Mailing Address: -OZQ0�gI ✓r-._ f//._ ; ende n1 Yo�o
City State Zip Code
Signature: STh l� 1
Date: oZ//O/Eft
SUBSCRIBED AND SWORN to before me this the9 � day of 20
W ITN ESS my h and and official seal.
N-ccctiks
Po
OSpAY"P.�!
My Commission Expires:: �C
7 J�j - RHONDA J.S. Gryy� (�//J ���(UL
OLSON ea Nota Public
r..,;:;:.o� COQ„
My Commission Expires
06/2001
page 3
. WEST 1/4 SECTION 20. FOUND •
3/4" REBAR WITH 3 1/4" BRASS
CAP PLS 13446
M
rdCONCRETE DRAINAGE STRUCTUREVISIBLEUM PIPE
FOUND 5/8" REBAR WITH /
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WATER PUMP
IRRIGATION DITCH (WIDTH VARIES) HOUSE
DETENTION POND
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I RIGHT=OF-WAY
RESERVATION FOR
IN WELD COUNTY ROAD 27
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BRICK HOME '
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1' . IRAIGAATION DITCH (WIDTH VARIES) - WATER PUMP
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ORANGE CAP PLS 20140
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FEB-02-2005 WED 01;29 NI FAX NO. P. 01/01
ACCOUNT# R6246986 REAL•ESTATE PROPERTY TAX N lT0 CE
(-
PARCEL/it 1471200000221 -- L �L.T2004TAXES DUBIN 2005 '-'31^I- r WELD COUNTY TREASURER 6(
TAX DISTRICT 2501 - - P.O.BOX 45a IA
duplicate
GREELE%CO 8081 24145a
• WCLU LUUN II 24.USL LUll I 4:2.40 LAND te,bl/ 1,409 •
P WELD LIBRARY 3.249 52.67 IMPROVEMENTS 109,712 5,810
SCHOOL GIST RES 20.493 332.10 TOTAL 135,229 16,210
CCW WATER 0.703 11.40
CCS WATER 3.515 57.03
FORT LUPTON FIRE 5.571 143.50
AIMS=OR COI. 6.328 102.58
TOTAL . NET LEVY->63.119 1,023.16
GRAND TOTAL 1,023.16 Citizens who are 65 es of January 1,2005 End who have owned
and occupied their homes as their prinmly residence for ID
years maybe eligible for the Senior PropertyTax.Exemption.
Pleas ermaa the Assessor's Office at(970)353-3845 to
, request on application,
IndivIduals currently receiving the exemption do not need to
reapply.
SE 25-In absence of State Legislative Funding,
your School General Fund mill levy would have bon 59372
15936 N2SW4 20 1 66(I2RR IR)SITUS:2292 27 CR WELD
Canmtloesmw b Urea MmnOatsly It a ntm bereppears moo.
FIRST HALF FEB 20,2005 511.55
SECOND HALF JUN 15,2005 511.58
FULL PAYMENT MAY 02,2005 1,023.16
PROPERTY LOCATION:229227 CR WELD
'-A`: Mako Chocks Payable To:
Ir'•HUNT.BROTHERS PROPERTIES'RJC}i - WELD COUNTY TREASURER
C 10100 DALLAS.ST •
SEE IMPORTANT INFORMATION ON BACK.
,jj ,::•; - ,_ ___ THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND
1%:HENDERSON�CO 80640'it THE TA)( NOTICE TO THE OWNER OF RECORD.IF YOUR
TAKES ARE PAID BY A MORTGAGE COMPANY KEEP THIS
- NOTICE FORYOUR RECORD.
• RETAIN TOP PORTION FOR YOUR RECORDS .
co mlYReeaw b not eaacm W 4w ermwas mown*.it n,
man W50 a5a anal.mlenn°bean,?,nomlmnownou In 2004 TAXES DUE IN 2005
make ma bat onynorna Raw umm mid own In coma'pm
enema wa n®v& `- CalpctTBM,rela Wm Imrnadla104yl a rannhir oppoom 200m
vmrmrmlma ma* RETURNTHIS COUPON FOR SECOND HALF PAYMENTS DUE BY duns 15
your h ii tmp?not oasis
Oma a}, ❑ 2nd Half Coupon . > 2
meal yw mmn
ctorn this cocoon UNT Illlllllllllllllllllllllllllllllllll111111llllllllllll ' c i c:: 5pam.m ADDRE246956�
ADDRESS CORRECTION.Sec return envelope back flap.
'PROPERTY HUNT BROTHERS PROPERTIES INC
OWNER •
OF 10100 DALLAS Sr
RECORD SECOND HALF DUE BY JUN IS,2005 511.55
HENDERSON,CO 80640
PAID By
Cmnlylrea:wrk no ranitorra kr enMnauepennanarlh,•
mt,phsedeawaayemmw7M"t ne oeurmme 5aaleb 2804 TAXES DUE IN 2005
oaks ON Inn Moore.Fa=N 0e m aM sea in MOW pro .
catainwl ow,asset Context Meserta Opka lmMdewly If 5 namhOr npos,,.e oe.
YourctuArsddeeh Is RETURN THIS COUPON WITH FIRST HALF DR FULL PAYMENTS
VOW MI respr and MCC
you WW mamma,
e < Full Payment or 1st Half Coupon > 1
1p,.W+mm seen
INa¢yImEQ.. ❑
111111111111lull lIlllillllull lulllulllllllullllll aNILO EELLEEY.450
CO area mss ACCOUNTR.6246986ER
ADDRESS CORRECTION.See ream,envelepe buck flap. FIRST HALF DUE BY FEB 22,2005 O 511.8
PROPERTY HUNT BROTHERS PROPERTIES INC
OWNER
OF 10100 DALLAS ST FULL AMOUNT DUE BY MAY 02,2005 O 1,023.06
RECORD
HENDERSON,CO 80640
PAID BY
mN0.262. saaMZtmsa-Llandien Publishing Coe 162410 Stout Skeet,Deere,Colorado—&9Y '
HIS.AI%TXC LN OE AGREEMENT, Made and so toted into by end betwe-•
•flani.L.yW..Mt�t • ... Party of the first part,LESSOR.and .
Albert Te Watada
•
party of the emend part,LFSUED,wltnoaooth that the sold party of the first pan boa this day leased unto sell party of the
somnd part, the following described promises situated In the County at—lield
adetate,of Dnlotadn to-wlt:The N 1/2 of SW 1/4 of Section 20'
in Township 1 N, of Range 66 W of 6th P.M., Weld County Colorado eomprisii1 el -
acres more or less shown on the attached map, together with water as delivered •
to said premises by the Fulton Irrigation Ditch Company together with all
buildings and improvements on the same for the term of one year commencing on
the 1st day of January, 2003, and ending on the 31st day of December, 20033.at
the cash rent of nine thousand dollars ($9,000.00) for said term. •
' The said rent to be paid or delivered, as the case may be, as follows: $2,250.00
on or before March 4st,
•$2,250.00 on or before June 1st, -
$2,250.00 an or before September 1st and •
$2,250.00 on or before December 1st of the year commencing (larch 1, 200.3,
•
Tho salt party of the second part,lessee.agrees as follows:
lot To thoroughly plow, cultivate and farm in farm-IOte manner,till lands upon said promises not LW tame or wild
grass,or in Umber. .
int That he will use and premises as a tai.'m and foe no
other purpose whatsoever,that emmelaily will not let said premises or permit the seine to be used ter any Unlawful business
or-purpose whatsoever.
0 Ird. The• he will not sell.assign.undorleh or relinquish sold y(mieee without the mitten consent of the cold
big
elx[I O a[rot erry OLaor)f4dt�L penalty of a forfeiters of ail,Da.9.—rlgbte under or by virtue of this Leave,at
40. That-111@—Ivi l guard said property, buildings, gates,fences,vines,shrubbery,and orchard from all damages:
thcl_hg—_coin beep the buildings.Siam,gated and fences 1n as good repair as the same now are,or may be at say Vale
placed n b the said arty of the meat part(leaser)-that flp will do 4o net whereby an inourance on buildings may
b Invalidated;that-arty
not remove nor allow nay other person to remove from said premises any of the fences.
buildings,trees,shrub cry,or an of the improvements of any weld.
6th. That hn will haul out all manure on the premisem.In the summer and fall,and place it where the Party
of the firstpart desires.No furrows to be run so as to cause ditches to wash said promises, unless Mot having written
Lease.all ditches belonging the firsttbe he above describeddescried land.
In good repair. during the operation or Lithe
0th That he will well and seasonably put In and tend to said'crops: Ilut—(le_wa)have all small grain •
threshed by d corn hated and cribbed by— of each year:
and If not threshed or cribbed as stated,first party may proceed to do no after ten (1W days notice to second party,and
take enough of second partdye n to pay etpcae of ouch gathering or harvesting.or lhreewag; that the tame or wild
en e said to be➢remises:that no rails.board. rerppoets arre to be used or growing
pprop iatted as fuel or other Dt urpo used trice Is now growing
with That Its =.•cots the faeces upon said leased premises as they now,pro_atnnelltlg
Mb. That et,the expltatnn of thin Lease,or upon a breach by the said party of the second part of my of lbe covenants
heroin contained-fig.--will.without further notice of any Wad,quit and surrender the possession and eccupanoT of
•
•Bald promises in as good,eondnlon as careful wee and natural wear and decay thereof will permit
9th. It is further agreed that the Lessor can conduct operations on the farm;
• concurrently-with the lessee. -
10th. It is further agreed that the lessee shall pay all pumping expense
incurred in pumping irrigation water and that the lessor shall pay all'water •
assessments that may be levied by the Fulton Irrigation Ditch Company. Lessor _ •
shall pay all CCMCD assessments.
Mth. That all payments from party oI the second part shall become due and payable noon hie forfeiture of said large.
or his abandoning said premisen,end If It becomes necessary for the first party to bring action at law to recover Dossesslo ,
damage or rent,party of the second part agrees to pay a reasonable attorney's fee therefor,and all costs attending the anise
•
FARM LEASE ADDENDUM
Notwithstanding anything herein contained to the contrary in the event that
there are damages to crops including disruption of the -irrigation water supply
during the year 2003 crop season caused by concurrent operations on the farm by FFFF
the lessor, the lessee shall be compensated with an amount equal to the actual
'farming expenses incurred by the Lessee uo to the time of damage and loss of •
potential profit in accordance with the Compensation Schedule which is attached
hereto as Exnibit A and incorporated by reference. '
•
Lei
In WitnaesA''W^tha estles eo
erf The said p babanhereuntoThadto su ed their names.and signed a duplicate,this o
day of Ir fao43- \
{{y INN PRESENCE Ole .__ n3'� SEAL)
•
•
•
•
moo.®ce .
-11-9.I �4r.�!21q2� 4.22CR eA' 10-09-91 13.59 13.59CR
w �EEEERS... aw wa x"•Y' �M�TvG�-�.�a.�e4� mL meta '•• To N. - -S•uas[m omit ':.
4n e a -J4 •/. ! .,.Fui1. 5560 I•
w ENERGY CHARGE ..4.4J
1.00 DEMAND CHARGE 4UC 5`� 1.00 cn.1 DEMAND CHARGE
0 l0/30/91O 12/04/9 CURRENT MONTH 9.13 9/03/91 es= 10/02/91 CURRENT MONTH 4.401
••• n AL AMOUNT 011¢ 5.13 .4 TOTAL AMOUNT DUE 4.40
01-02-92 10-31-.1
i(xQtDDDPON� WAIF GPFMS INC a - eSrs-'v�••-4 e^ \
RD 2T Car
SEW-0041-1 bNI1nol+OW�CluanDA FARMS'ANC mann ma 9858-0464-1
Mar 869691 •s wesan na ei 2292 RD 2T
m FORT LUPTON. CO mn"51 PU •asm 1 CORD WPTON'+..NCO 2 PUMP 86E^PI
' 80621 mn..eQasw.. .₹ / 80621 Co •wr.m • 101:1‘....."a9 AVE 6 DAILY USAGE OF .0 10004 FOR 34 DAYS a 4.15 F. DAY AVERAGE DAILY USAGE OF .0 1081 FOR 29 DAYS • •.IS PER Dal
is-OI-91 4.40 4.40CA 09-10-91 27.64 27.64CR
rv.L ' = ® .. ; c..ou«� • ; .�,avm -.:,.�,� :�...•.�A[�®[ „m1.1...e.',. ..
'la
xr: la
.00 5580 5422 1 ., 158 ENERGY CHARGE 13.S.
• 'la 1.00 -T DEMAND CHARGE • 8.24 1.00 8.2 DEMAND CHARGE
•
(� 10/01/9113383 30/30/92CURRENT MONTH 4.2. '3/OJ91 - 9/0:/9: CURRENT MONTH 13.59
•. TOTAL AMOUNT DUE 4-22 44 TOTAL AMOUNT DUE 13.59'
L-02-91 • . 10-02-91
b44�MI®POY4s4 W292 FOFP,MS INC .p "" , yue8-0069-1 ER WATADA. DFARMS INC 6' 5
066901 .�N.0 9848-OOi9-i
rxralsacc, 866901
12����an FORT LUPTON. CO �� /2 �� La rte' FORT LUPTON• Co 02 PUMP
P 80621 P��am•re4m 806'1
o AVERAGE DAILY USAGE OF .0 NUM FAR L: DAYS • 4.15 PER DA. AVERAGE DAILY USAGE or 5.1 KWH roc(31 DAYS • 4.44 PEA D%
FICE:=MOINCIanalaCil
Wa-09-91 4.40 4.40CR a • fers=3MI I
Cii ••.sari[.;wlwm0s1 amnMm1 w7r°42 .r CHARGE a,..1 i.<4 06-1 I 1 4.40 4.40CR
40C 8.2 5010 1.00 8.3 ENERGY EMA CHARGE 2].64 I . ark - -. .•:. uNrammmrr lrn•A. -`*a
4CC 5010 5010 I ENERGY CHARGE 4.45,'
- 1.00 DEMAND CHARGE
•
l ]/03/91 8822 8/02/91 CURRENT MONTH 2T.64 • '
44 TOTAL AMOUNT DUE 2].64 ice' 5/0,2022828 6/04/91 CURRENT MONTH 4.66
cora 09-03-91
aNRIECO0WER WATADA FARMS INC 44 TOTAL AMOUNT DUE 4.63
.aac 2292 RD 27 ®9858-0069-1 07-03-91
wnc+rracam m• .!091.0 866901 bcTmwOwrR H'.-2ATADA ARM27 S INC '
FORT LUPTON' CO 62 PUMP •0.000
00.101).•••••21 r�va. 80621 •�0ymym�• wow' 4898-0069-1
ouva••• 866.01
aV.e.allays m FORT LUPTON. C080621
Le wm 02 PUMP
AVERAGE DAILY USAGE OF 14.2 KWH FOR 29 DAYS a 4.95 PER DAY . .
+�-ramnwrmrz..�
AVERAGE DAILY USAGE 07 .0 la'W11 FOF 2l DA\O • "A:15 PER OA
07-11-91 4.68 4.68CR
1===:=5====tall a" . 'e-mwmi •iw.rs n - •.-... 05-10-91, 4.40 4AOCR
40C 5010 5010 1 ENERGY CHARGE 4.40 g 4O 4,m0yrm 4nmd ` 'w aaso[Cv1o�rt
1.00 DEMAND CHARGE 40C 5010 5010 I 4.4
•ENERGY CHARGE 4.40
•
10 6/04/91 s 7/03/91 CURRENT MONTH 4.40
'' 4/04/92 — S/03/9l.. TOTAL AMOUNT DUE 4.40CURRENT MONTH 4.40
08-05.91 as TOTAL AMOUNT DUE 4.40
bMRmPOWE11 2292WATADA FARMS INC 06-03-91
�0d44K 2292 RD 27 .mar.0 985b-0069-1 L---
_ 066.01 11®I�4� 22T2DA F2RM^ INC �rnr e'n�
��`��s FORT LUPTON. CO w 2 PUMP Polam A'4 • 2292 Rp 2T 4 .tea In 9858-0069-1
CAIsdi e am nc,11aa•°4•m 80621 ma w� es
FORT LIPTON• CO CIO 866901
la oft 60621 #2 PUMP
AVERAGE GAILY USAGE OF .0 KWH FOR 29 DAYS a 4.15 PER DAY P•m -
41rCO4Ya aa[ry rraa CC nC n you ea* .0 Mavv e
Igen 4oaaas
35,
RESOLUTION
RE: GRANT CHANGE OF ZONE#1052 FROM A (AGRICULTURAL) ZONE DISTRICT TO
1-3 (INDUSTRIAL) ZONE DISTRICT - HUNT BROTHERS PROPERTIES, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 28th day of April,2004, at 10:00 a.m.for the
purpose of hearing the application of Hunt Brothers Properties, Inc.,do Dan Hunt,7321 East 88th
Avenue,Henderson,Colorado 80640,requesting a Change of Zone from the A(Agricultural)Zone
District to the I-3(Industrial)Zone District fora parcel of land located on the following described real
estate, to-wit:
N1/2 SW1/4 of Section 20,Township 1 North,Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, the applicant was represented by Lauren Light, LANDPROfessionals, LLC,
4311 Highway 66, Suite 4, Longmont, Colorado 80504, and
WHEREAS,Section 23-2-40 of the Weld County Code provides standards for review of such
a Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and,having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.6 of the Weld County Code as
follows:
a. Section 23-2-40.B.1 --That the proposal is consistent with the policies of
Chapter 22 of this Code; if not, then that the zoning of the property under
`consideration is faulty, or that changing conditions in the area warrant a
Change of Zone.
b. Section 23-2-40.B.2--That the uses which will be allowed on the subject
property by granting this Change of Zone will be compatible with the
surrounding land uses.
c. Section 23-2-40.8.3--That adequate water and sewer service can be made
available to serve the site.
•
d. Section 23-2-40.6.4--That street or highway facilities providing access to
the property are adequate in size to meet the requirements of the proposed
Zone District.
2004-1055
PL1532
CHANGE OF ZONE (COZ#1052)- HUNT BROTHERS PROPERTIES, INC.
PAGE 2
e. Section 23-2-40.6.5 -- That, in those instances where the following
characteristics are applicable to the rezoning request, the applicant had
demonstrated compliance with the applicable standards:
1) Section 23-2-40.B.5.a-- If the proposed Change of Zone is located
within any Overlay District identified by maps officially adopted by the
County, that the applicant has demonstrated compliance with the
County regulations concerning Overlay Districts.Compliance maybe
demonstrated in a previous public hearing or in the hearing
concerning the rezoning application.
2) Section 23-2-40.B.5.b--Thatthe proposed rezoning will not permit
the use of any area known to contain a Commercial Mineral Deposit
as defined by State statutes in a manner which would interfere with
the present or future extraction of such deposit by an extractor to any
greater extent than under the present zoning of the property.
3) Section 23-2-40.6.5.c-- If soil conditions on the site are such that
they present moderate or severe limitations to the construction of
structures or facilities proposed for the site,that such limitations will
be addressed by the applicant and/or the applicant's successors or
assigns prior to development of the property.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Hunt Brothers Properties,Inc.,c/o Dan Hunt,fora Change
of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District on the above
referenced parcel of land be, and hereby is, granted subject to the following conditions:
1. The Change of Zone plat map shall be submitted to the Department of Planning
Services for recording within 60 days of approval by the Board of County
• Commissioners.
2. Prior to recording the Change of Zone plat:
' A. All pages of the plat shall be labeled CZ-1052.
B. The Plat shall be amended to adhere to Section 23-2-50 of the Weld County
Code.
C. The boundary(perimeter)of the proposed development area must be shown
distinctly on the Change of Zone plat.
D. The Weld County Roadway Classification Plan currently shows Weld County
Road 27 with a classification as a rural area arterial requiring a 130-foot
•
right-of-way. A total of 65 feet from the centerline of Weld County Road 27
shall be indicated on the plat as future right-of-way reservation for the
expansion of Weld County Road 27. The applicant shall verify the existing
2004-1055
PL1532
x
CHANGE OF ZONE (COZ#1052) - HUNT BROTHERS PROPERTIES, INC.
PAGE 3
right-of-way and the documents creating the right-of-way shall be noted on
the Change of Zone,plat.
E. Easements shall be shown in accordance with County standards and shall _
/ be dimensioned on the Change of Zone plat.
tP. The applicant shall delineate and label all existing structures on the Change
of Zone plat.
G. The applicant shall address the issues previously outlined to the satisfaction
of the Weld County Department of Public Works at the specific step of the
review process stated. The review process will continue only when all
appropriate elements have been submitted. Any issues of concern must be
resolved with the Department of Public Works prior to recording the Change
of Zone plat. Written evidence of approval shall be submitted to the
Department of Planning Services.
H. The applicant shall attempt to address the requirements and concerns of the
City of Fort Lupton, as stated in its referral received December 18, 2003.
Evidence of such shall be provided to the Department of Planning Services.
The applicant shall,in good faith,negotiate an annexation agreement with the
City of Fort Lupton.
✓ I. The applicant shall attempt to address the requirements and concerns of the
City of Brighton, as stated in its referral received December 29, 2003.
Evidence of such shall be provided to the Department of Planning Services:
(7.1. The West Greeley Soil 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.
tZK. Written evidence from the Union Pacific Railroad shall be provided indicating
the exact width of the railroad right-of-way within this parcel.
L. The applicant shall accurately delineate all irrigation ditches on the site. .
M. The applicant shall submit a complete Non-Conforming Use application for
• the existing single family residence located on the property.
N. The following notes shall be delineated on the Change of Zone plat:
1) The Change of Zone allows for Industrial uses which shall comply
with the 1-3 (Industrial) Zone District requirements as set forth in
Section 23-3-330 of the Weld County Code.
2) Any signage located on the property shall require Building Permits
and adhere to Section 23-4-100 of the Weld County Code.
- 2004-1055
PL1532
CHANGE OF ZONE (COZ#1052)- HUNT BROTHERS PROPERTIES, INC.
PAGE 4
3) The site shall maintain compliance at all times with the requirements
of Weld County Government.
4) Any future structures or uses on the site must obtain the appropriate
Zoning and Building Permits.
5) If applicable, installation of utilities shall comply with Chapter 24,
Article VII, of the Weld County Code.
6) The applicant shall adhere to all Site Plan Review requirements,as
defined in Chapter 23, Division 3, of the Weld County Code.
7) At the time of the Site Plan Review, a drainage report signed by a
professional engineer, licensed in the state of Colorado, shall be
submitted to the Weld County Department of Public Works. Upon
approval of the drainage report by the Department of Public Works,
final drainage construction plans,conforming to the drainage report,
shall be submitted to the Department of Public Works.
8) Atthe time of the Site Plan Review,final road plans and construction
details shall be submitted and approved by the Weld County
Department of Public Works. These plans shall include road and'
intersection improvements, as well as the necessary right-of-way
dedication.
9) At the time of Site Plan Review, grading plans and construction
• details shall be submitted and approved by the Weld County
Department of Public Works.
10) If eventual use of this site would be a major impact, significant
roadway and intersection improvements will be required.
11) This proposed zone change to an industrial use might possibly
contribute significant traffic to the surrounding area, including
• U.S. Highway 85. The applicant may be required to participate and
contribute to improvements for the U.S.85 Highway Access Control
Plan at the Site Plan Review application.
12) All liquid and solid wastes, as defined in the Solid Wastes Disposal
Sites and Facilities Act,Section 30-20-100.5,C.R.S.,shall be stored
and removed for final disposal in a manner that protects against
surface and groundwater contamination.
13) 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, Section 30-20-100.5, C.R.S.
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CHANGE OF ZONE (COZ#1052) - HUNT BROTHERS PROPERTIES, INC.
PAGE 5
14) Waste materials shall be handled,stored,and disposed in a manner
that controls fugitive dust, blowing debris, and other potential
nuisance conditions.
15) Fugitive dust shall be controlled on this site.
16) The facility shall adhere to the maximum permissible noise levels
allowed in the Industrial Zone District, as delineated in
Section 25-12-103, C.R.S.
•
17) Any septic system that is abandoned must .comply with
Section 30-4-20.D of the Weld County Code. The applicant should
contact the Department of Public Health and Environment to update
existing septic permits for those systems that have been abandoned.
18) The existing residence on the property is considered a non-
conforming use and is subject to the requirements of Chapter 23,
Article VII, (Nonconforming Lots, Uses and Structures)of the Weld
County Code.
19) At the time of the Site Plan Review, and prior to release of Building
Permits, the applicant shall submit construction drawings to the
Department of Building Inspection for review and approval.
20) Building Permits shall be obtained prior to the construction of any
new building. A Plan Review is required for each building. 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. Permits are required to move or demolish any building
currently placed on this property.
21) Each building will require an engineered foundation based on a
site-specific geotechnical report or an open hole inspection
performed by ,a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
22) New buildings shall conform to the requirements of the codes
adopted at the time of permit application. Currently, the following
codes have been adopted:2003 International Building,Residential,
Mechanical,Plumbing and Fuel Gas Codes,2002 National Electrical
Code, and Chapter 29 of the Weld County Code.
23) Building height, protection of walls and openings,and separation of
buildings of mixed occupancy shall be in accordance with the
Building Code. Setback and offset distances shall be determined
according to Chapter 23 of the Weld County Code.
2004-1055
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CHANGE OF ZONE (COZ#1052) - HUNT BROTHERS PROPERTIES, INC.
PAGE 6
24) Building height shall be measured in accordance with the Building
Code for the purpose of determining the maximum building size and
height for various uses and type of construction and to determine
compliance with the Bulk Requirements from Chapter 23 of the
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. When measuring
buildings to determine offset and setback requirements,buildings are
measured to the farthest projection from the building. Property lines
shall be clearly identified and all property pins shall be staked prior to
the first site inspection. Approved building and foundation plans shall
be on the site and available to inspectors for each inspection.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Change of Zone. Acceptable CAD formats are .dwg, .dxf, and
.dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be sent to
maps(a)co.weld.co.us.
4. At time of Site Plan Review Application:
A. Any septic system that is abandoned must comply with Section 30-4-20.D
- of the Weld County Code. The applicant should contact the Department of
Public Health and Environment to update existing septic permits for those
systems that have been abandoned.
5. Any further development of the site will require a Site Plan Review. Any
commercial/industrial development must comply with all applicable Weld County
Department of Public Health and Environment, Colorado Department of Public
Health and Environment,Environmental Protection Agency(EPA)and/or Oil and Gas
regulations. The applicant/developer must contact the appropriate agency for more
information regarding the site-specific requirements of each development.
6. At the time of the Site Plan Review, the applicant shall work with the Colorado
Department of Transportation (CDOT)and the Weld County Department of Public
Works to determine if any off-site road improvements are required.
•
2004-1055
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CHANGE OF ZONE (COZ#1052) - HUNT BROTHERS PROPERTIES, INC.
PAGE 7
The above and foregoing Resolution was,on motion duly made and seconded,adopted by -
the following vote on the 28th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
Ste!i WELD COUNTY, COLORADO
ATTEST: w.,"da�� � lam - M�� •(NAY2
Robert D. Masden, Chair
Weld County Clerk to t t t ' . {j0 s4
r) (AYE)
adz
Q , �/ Cn �7J '��, William H. rke, Pro-Tem BY: Deputy Clerk to the Boar��� (NAY)
. . eile 0
APP AS TO F • A (AYE)
David Long
my Attorney. AYE
G n Vaad
5/
Date of signature: ' O
2004-1055 .
PL1532
Plat Checklist POC Planner
Item . Comments Check Check
Proper size and material 24"x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet ' ✓
Lettering ' No stick-on lettering / Minimum 8 pt. lettering
Boundaries of Lots
Scale Suitable Scale?(1"=200'or 1"=100') ✓
Accesses indicated Shared Access?If so, is easement Certificate included?
Roads labeled,including LOWS ct&-S ?rerr c't 5e -6 /^
1216..W aF �W v 5. s 0,0 ;\ at�W Jl
Building Envelope(s) 1 A
Vicinity Map Suitable Scale? (Minimum 1"=2000')
North Arrow • ✓
Legal Description '✓
Notes from Planner/
Development Standards
Conditions of Approval item 'j14HT ?e€-1 nrt) 4gcc......e..t-
\45 t s— VC°,rdLPO[, !/
Owner's Certificate Notarial Certificate included?All owners must sign the plat,
check the deed.
Surveyor's Certificate and All surveyed plats
Surveyor's Stamp Note:USR plats do not need to be surveyed
Director of Planning Notarial Certificate included?(RE,SE,SPR,Final PUD if ,� (//l
Certificate Staff Approved) 17j
Planning Commission (USR, COZ,Minor Sub.Final)
'Certificate
Board Certificate (USR,COZ„Minor Sub Final) •
' (Final PUD,RE,SE&ZPMH if Board approved)
Typical Road Cross Section (COZ,Final Minor Sub.and Final PUD) N
E (Easements •
//��((f1
Please return the plat to the CAD Technician within 24'hours of receiving the plat.
Planner on Call: (Initials)
Planner Signature: Date:
Hello