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Home My WebLink About20041869.tiff MEMORANDUM W IWine TO: Board of County Commissioners June 28, 2004 COLORADO FROM: Jacqueline Hatch SUBJECT: USR-1476, Troy and Judy Hefner The applicants for USR-1476, Troy and Judy Hefner have submitted the attached letter and graphic illustration dated June 24, 2004. The applicant has addressed 1.A of the staff comments that were required to be completed prior to scheduling the Board of County Commissioners hearing. Thank you EXIMIT 2004-1869 XtligairAgie Date: June 24, 2004 To: Weld County Planning, Jacqueline Hatch Fax: 970-304-6498 From: Troy&Judy Hefner Re: 2114 I-25 Frontage Road Signage Plan I I ••g'- I I I -- 10'-- --- 18 '-- <-----50° > The square footage of the face of the building is in excess of 1000 sq feet with the 4 ft eaves. In keeping with the 8%rule,we would like to propose a sign no larger than 80 sq feet(8' x 10') placed as shown on the side of the building. If we decide to use only our company name, we would like the option of having a bigger sign as the regulations allow. Thank you for your consideration of this matter. oy Hefner Page 1 of 2 Carol Harding From: Kurt Althen [kalthen@tekblue.com] "`; — ; 1 U Sent: Sunday, August 01, 2004 12:20 PM nr � To: Card Harding i ,Ll_ _1 Cc: Esther Gesick Subject: RE: Case# USR-1476 Importance: High RE: Case # USR-1476 To who it may concern this correspondence is supplemental to my appearance at the pubic hearing that was scheduled on July, 28 2004 (Docket# 2004-65) which did not take place. I, Kurt Althen as legal agent for Coronet investment company as well as the Craig & Nellie Althen trust, am vehemently apposed to the Site Development plan and request for special permit # 1476: Applicant Troy and Judy Hefner, for a "Commercial Junkyard" located at Lot 4 of the Althen Boyer Subdivision, in the SW 1/4 of Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County Colorado. Firstly as the representing property owner immediately south and east of proposed said Special Permit I am apposed to for multiple reasons, I feel the current cleanup and planned future developments along the I-25 Corridor would be severely impacted by a Junkyard. This "use" creates a significant decrease in the surrounding property values, and is a short sided view towards future development along the I-25 corridor. Secondly, I believe the proposed"junkyard" is unlawful, as proved by part 5 Article 1 of the Title 43, Colorado Revised Statutes 1973, which states any property defined as a Junkyard may not be visible from the main traveled way of a federal-aid primary and interstate system, this property is clearly visible from Interstate 25, and could not be concealed or "screened" behind a fence or landscaping due to the elevated roadway. The regulation also clearly states property must not be within 1000 feet of the edge of the nearest right-of-way, which would also be in violation. Thirdly, the Case file also states surface runoff is to the East, as the owner of the East property as well as the owner of the local groundwater based well, I have strong concerns about the environmental impact, and protection offered by the local waste handling permit. The likely contamination of fragile groundwater supplies from oil, gas (MTBE), lead, mercury, antifreeze, asbestos from brakes, cadmium, Freon and other hazardous materials that are found at junkyards. The costs to properly handle, clean up and dispose of hazardous materials are so prohibitive that regulations are not met. It's important to recognize junkyards are a potentially high-risk land activity over a public use water supply. Please contact me with any questions. Thank you youjfor your consideration Kurt Althen 22362 Quail Run Dr EXHIBIT Parker, CO 80138 77O- zv9-Hto5S 8/3/2004 ocv- &LI BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS ) 11(11'74 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAS 'r E► 4 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR()st-/Y7t; IN THE AGRICULTURAL ZONE DISTRICT. Name of Person Posting Sign /791" WA--"( Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ( v The foregoing instrument was subscribed and sworn to me this/( / day ot J' �, �,( ,>, , 2004, WITNESS my hand and official seal. IUL( LL _ J y ((:'1 No ary Public j My Commission Expires: k: `(�;2\J� ' C'I q Extirerr • i• + 1 JI ,1III� , '2-.Lt' ' .. Lr ' '' 'll Ir."".tpl,......' 1:.t...,, :__it-.-..1:: :' .''..:4:".A,,,,t''-''V":1:- ' f • , , ? r '4 s I , vnc� z. •II/OIL swum twamas • 4 0 • .../.t , r� ,� Pla pM'1ary qt al gall dt.0 , , .4-.,:•,..,•,;.•2-,,'..-..Jail!3;d.` ' to • wfa. r ;�. ;:+ ter ,. +•i -'10 Oa iiiiiiii /1 r'l . ,ir ate / ' _,.... - !' tor ... -•- - _" Westlaw Download Summary Report for MORRISON, LEE D 2292101 Your Search: JUNKYARD Date/Time of Request: Wednesday, August 11,2004 11:57:00 Central Client Identifier: PLAN Database: CO-ST Lines: 331 Documents: 9 Images: 0 (C) 2004. Copyright is not claimed as to any part of the original work prepared by a U.S. government officer or employee as part of that person's official duties. All rights reserved. No part of a Westlaw transmission may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise reproduced, stored, disseminated, transferred or used, in any form or by any means, except as permitted in the Westlaw Subscriber Agreement, the Additional Terms Governing Internet Access to Westlaw or by West's prior written agreement. Each reproduction of any part of a Westlaw transmission must contain notice of West's copyright as follows: "Copr. (C) 2004 West, a Thomson business. No claim to orig. U.S. govt. works." Registered in U.S. Patent and Trademark Office and used herein under license: KeyCite, Westlaw and WIN. WIN Natural Language is protected by U.S. Patent Nos. 5,265,065, 5,418,948 and 5,488,725. rz � V1' stlaw Page I C.R.S.A. § 43-1-501 West's Colorado Revised Statutes Annotated Currentness Title 43. Transportation General and Administrative 51 Article I. General and Administrative '`'[J Part 5. Junkyards Adjacent to Highways (Refs& Annos) —.§ 43-1-501. Legislative declaration It is declared to be the purpose of the general assembly in the passage of this part 5 that in connection with the construction, maintenance, and supervision of the public highways of this state, the state of Colorado place itself in a position to receive its full share of funds to be apportioned by the congress of the United States for expenditures on federal-aid highways in this state and, to this end, to control the existing and future use and maintenance of junkyards in areas adjacent to the interstate and primary highway systems in order to protect the public investment in such highways; to promote the safety and recreational value of public travel; to promote public pride and public spirit, both on a statewide and local basis; to attract to this state tourists and other travelers with a view toward broadening the economic well-being and general welfare; and to preserve and enhance the natural and scenic beauty of this state. HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-1. Laws 1966, S.B.9, § I. C. R. S. A. § 43-1-501, CO ST§ 43-1-501 Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. © 2004 West, a Thomson business. END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works Page 1 C.R.S.A. § 43-1-502 West's Colorado Revised Statutes Annotated Currentness Title 43.Transportation General and Administrative ' 1 Article I. General and Administrative `'id Part 5.Junkyards Adjacent to Highways(Refs Si: Annos) -+§ 43-1-502. Definitions As used in this part 5, unless the context otherwise requires: (1) "Automobile graveyard" means any establishment or place of business which is maintained, used,or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined,or dismantled motor vehicles or motor vehicle parts. (2)"Department" means the department of transportation. (3) "Highway" means the federal-aid primary and interstate systems,as defined in section 43-2-101. (4) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, appliances, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (5) "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills. (6) "Person" means any individual, firm, agency, company, association, partnership, business trust, joint stock company, or corporation who operates a junkyard or who allows a junkyard to be placed or to remain on premises controlled by him. CREDIT(S) Amended by Laws 1991, H.B.91-I 198, § 118, eff. July 1, 199L Copr. © West 2004 No Claim to Orig. U.S. Govt. Works Page 2 C.R,S.A. § 43-1-502 HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-2. Laws 1966, S.B.9, § 2. C. R. S. A. § 43-1-502, CO ST§ 43-1-502 Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. CO 2004 West, a Thomson business. END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works Page 1 C.R.S.A. § 43-1-503 West's Colorado Revised Statutes Annotated Currentness Title 43. Transportation General and Administrative rx3 Article I. General and Administrative %J Part 5. Junkyards Adjacent to Highways fRefs&Annos) —.§ 43-1-503. Permits required--exceptions Except as provided in this part 5, on and after February 11, 1966, no person shall establish, operate, and maintain a junkyard which is within one thousand feet of the nearest edge of the right-of-way of the highway and visible from the main-traveled way thereof unless a permit is first obtained from the department. No permit shall be required and junkyards, automobile graveyards, and scrap metal processing facilities may be operated within areas adjacent to said highways which are within one thousand feet of the nearest edge of the right-of-way which are zoned industrial under authority of state law, or any of its political subdivisions. HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-3. Laws 1966, S.B.9, § 3. C. R. S. A. § 43-1-503,CO ST § 43-I-503 Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. © 2004 West, a Thomson business. END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works \'WStlaw Page 1 C.R.S.A. § 43-1-504 West's Colorado Revised Statutes Annotated Currentness Title 43. Transportation General and Administrative Article I. General and Administrative cd Part 5. Junkyards Adjacent to Highways(Refs& Annos) -.§ 43-1-504. Permits issued--when The department has the sole authority to issue permits for the establishment, maintenance, and operation of junkyards within the limits prescribed by this part 5. No permit shall be issued unless such junkyard can be effectively screened,as required by regulation, by natural objects,plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of such highways. Such screening shall be at the expense of the person applying for said permit. HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-4. Laws 1966, S.B.9, § 4. C. R. S. A. § 43-1-504, CO ST § 43-1-504 Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. © 2004 West, a Thomson business. END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works 11/4'1@stiaw Page 1 C.R.S.A. § 43-1-505 West's Colorado Revised Statutes Annotated Currentness Title 43. Transportation General and Administrative c":4]Article I. General and Administrative '`'{a Part 5. Junkyards Adjacent to Highways (Refs& Annos) -§ 43-1-505. Permit fees--expiration--renewal Each application or request for a permit shall be accompanied by a fee of twenty-five dollars to defray the costs of administration of this part S by the department. All permits issued under this section shall expire one year from the date of issue and shall be renewed upon compliance with the provisions of this part 5 from year to year upon payment to the department of said annual fee. Such fees shall be collected, in accordance with the collection rules of the department of revenue, for deposit in the state treasury to the credit of the general revenue fund. The general assembly shall make annual appropriations from the general revenue fund for the administration of this part 5. HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-5. Laws 1966, S.B.9, § 5. C. R. S. A. § 43-1-505, CO ST § 43-I-50S Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. © 2004 West, a Thomson business. END OF DOCUMENT r Copr. © West 2004 No Claim to Orig. U.S. Govt. Works 11'@stiaw. Page 1 C.R.S.A. § 43-1-506 West's Colorado Revised Statutes Annotated Currentness Title 43.Transportation General and Administrative r,�Article I. General and Administrative c'd Part 5.Junkyards Adjacent to Highways(Refs& Annos) -.§ 43-1-506. Regulations The department may promulgate such regulations as may be necessary concerning the issuance of such permits in order to qualify the state of Colorado for payments made available by congress to those states that meet federal standards for control of junkyards adjacent to its highways. The provisions of article 4 of title 24, C.R.S., shall not be applicable,except that section 24-4-106.C.R.S., shall apply. HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-6. Laws 1966, S.B.9, § 6. C. R. S. A. § 43-1-506, CO ST§ 43-1-506 Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. © 2004 West,a Thomson business, END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works \tv siaw Page 1 C.R.S.A. § 43-1-507 C West's Colorado Revised Statutes Annotated Currentness Title 43. Transportation General and Administrative Kii Article I. General and Administrative Part 5. Junkyards Adjacent to Highways (Refs& Annos) r§ 43-1-507.Judicial review Any person aggrieved by action of the department in denying or revoking a permit may, within thirty days of the date of notice thereof, apply to a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil procedure or section 24-4-106. C.R.S. HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-7. Laws 1966, S.B.9, § 7. C. R. S. A. § 43-1-507, CO ST§ 43-1-507 Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. © 2004 West,a Thomson business. END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works Westlaw Page 1 C.R.S.A. § 43-1-508 C West's Colorado Revised Statutes Annotated Currentness Title 43.Transportation General and Administrative 'al Article 1. General and Administrative Part 5. Junkyards Adjacent to Highways(Refs& Annos) —.§ 43-1-508. Violations--penalties Any person who violates any of the provisions of this part 5 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Each day of violation of the provisions of this part 5 shall constitute a separate offense. In addition, and not in lieu of or as a bar to criminal enforcement as provided in this section, the department is authorized to institute appropriate action or proceedings to prevent or remove any junkyard existing in violation of the provisions of this part 5. HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-8. Laws 1966, S.13.9, § 8. C. R. S. A. § 43-1-508,CO ST § 43-1-508 Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. © 2004 West, a Thomson business. END OF DOCUMENT Copr. C West 2004 No Claim to Orig. U.S. Govt. Works WestJaw Page 1 C.R.S.A. § 43-1-509 West's Colorado Revised Statutes Annotated Currentness Title 43. Transportation General and Administrative Fli Article I. General and Administrative TlA Part 5. Junkyards Adjacent to Highways(Refs&Annos) �§ 43-1-509. Screening, removal of existing junkyards Any junkyard in existence on February 11, 1966, which is not in compliance with this part 5 shall, at the expense of the department, be screened, as provided by regulations, by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the highway or, at the expense of the department, shall be removed from sight. The department is authorized to acquire, move, or relocate property, real or personal, or interests therein, by purchase, donation, condemnation, or by exchange of other property owned by the state to accomplish such objectives and to dispose of any property, real or personal, acquired thereby. HISTORICAL AND STATUTORY NOTES 2004 Main Volume Derivation: C.R.S.1963, § 120-16-9. Laws 1966, S.B.9, § 9. C. R. S. A. § 43-1-509, CO ST§ 43-1-509 Current through Chapter 120 of the 2004 2nd Reg. Sess. of the 64th General Assembly Copr. © 2004 West, a Thomson business. END OF DOCUMENT Copr. © West 2004 No Claim to Orig. U.S. Govt. Works Hello