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HomeMy WebLinkAbout20041709.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0200148 AGAINST RINCE WAND, LLC FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Rince Wand, LLC, VI #0200148, is allegedly in violation of the Weld County Code, and WHEREAS, a public hearing was held on the 22nd day of June, 2004, at which time the Board of County Commissioners deemed it advisable to continue said matter to August 10, 2004, pending annexation of the property into the Town of Windsor, or the submittal of a Site Plan Review application, and WHEREAS, on the 10th day of August, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Rince Wand, LLC, was not present or represented at said hearing, and WHEREAS, at said hearing of August 10, 2004, the Board of County Commissioners deemed it advisable to dismiss said matter because the property has been annexed into the Town of Windsor and the violation has been closed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200148 against Rince Wand, LLC be, and hereby is, dismissed. 2004-1709 PL0824 (' '. P1., UtoU 08-49-oc{ VIOLATIONS - VI #0200148 - RINCE WAND, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W LD CO NTY COLORADO TEEST: mi,,,,ba4 ♦ t ♦ Robert D. Masden, Chair 4e. r�y Clerk to the Board l a 1861 , / William H. J, ke, Pro-Tem ut 1 lerk to the Board t4jUW\ ED A M: Davi E. Long Court Attorney Glenn Vaad Date of signature: O7‘,/ 2004-1709 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Rince Wand, LLC c/o Mr.Jerry Hilburn (Dba: Mossy Rock) Violation: VI-0200148 Address: 7939 Eagle Ranch Road, Fort Collins, CO 80528 Legal: Tract A of Valley View Ranch PUD, Weld County, Colorado Location: South of and adjacent to CR 74 and West of and adjacent to Hwy 257 North: Town of Windsor; moderately populated South: moderately populated East: Town of Windsor; moderately populated West: moderately populated Parcel Number: 0807-05-0-01-012 Acreage: 9.52+/- Certified mail date: May 20,2004 Received: May 24,2004 Currently the property is in violation of Chapter 23, Article III(3), Division 3 of Sections 23-3-210,23-3-210.B, 23-3-210.C,23-3-210.D,23-3-210.E,23-3-220,23-3-220.B, 23-3-220.C,23-3-220.D and 23-3-220.E of the Weld County Code. REMEDY To bring the property into compliance a Site Plan Review application shall be completed and submitted, an annexation plat for the Town of Windsor shall be recorded or the business and all materials shall be completely removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be continued to the August 10,2004 Violation Hearings. This should allow the applicant more than sufficient time to record the annexation plat. CASE HISTORY April 9,2004 Kim Ogle, Planner sent initial letter outlining potential Violations. April 17,2002 Kim Ogle sent additional letter. April 17,2002 Initial complaint received from Kim Ogle. April 17,2002 Initial inspection completed by Kim Ogle. May 3,2002 Five day compliance encouragement letter issued. May 24,2002 Received letter indicating intent to annex into the Town of Windsor. March 28,2003 Scott Ballstadt, Planner,Town of Windsor, called. Rime Wend LLC do Mr.Hilburn VI-0200140,Page 2 April 17. 2003 Scott Ballstadt called. October 2,2003 Scott Ballstadt called. October 2,2003 Scott Ballstadt sent status letter. October 9,2003 Received e-mail update from Scott Ballstadt. April 14, 2004 Violation Notification was issued. April 29,2004 Received recommendation of approval memo from Scott Baldstadt. May 3,2004 Received e-mail update from Scott Ballstadt. May 10,2004 Property inspected. Property remains in violation. May 20,2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners, June 1, 2004 Received e-mail update from Scott Ballstadt. June 9,2004 Received letter from Mr. Hilburn via fax. June 9,2004 Received letter from Mr. Peterson. June 17,2004 Sent letter to Mr. Hilburn, Mr. Peterson and copied Town of Windsor. June 17,2004 Received e-mail update from Scott Ballstadt. June 29, 2004 Received e-mail update from Joe Plummer. July 4,2004 Received letter from Jerry Hilburn. August 5,2004 Received e-mail update from Joe Plummer. Annexation complete. 08/05/2004 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Rince Wand, LLC do Mr. Jerry Hilburn (Dba: Mossy Rock) Violation: VI-0200148 Address: 7939 Eagle Ranch Road, Fort Collins, CO 80528 Legal: Tract A of Valley View Ranch PUD, Weld County, Colorado Location: South of and adjacent to CR 74 and West of and adjacent to Hwy 257 North: Town of Windsor; moderately populated South: moderately populated East: Town of Windsor; moderately populated West: moderately populated Parcel Number: 0807-05-0-01-012 Acreage: 9.52+/- Certified mail date: May 20, 2004 Received: May 24, 2004 Currently the property is in violation of Chapter 23, Article 111(3), Division 3 of Sections 23-3-210, 23-3- 210.B, 23-3-210.C, 23-3-210.D, 23-3-210.E, 23-3-220, 23-3-220.B, 23-3-220.C, 23-3-220.D and 23-3- 220.E of the Weld County Code. REMEDY To bring the property into compliance a Site Plan Review application shall be completed and submitted, an annexation plat for the Town of Windsor shall be recorded or the business and all materials shall be completely removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be continued to the August 10, 2004 Violation Hearings. This should allow the applicant more than sufficient time to record the annexation plat. CASE HISTORY April 9, 2004 Kim Ogle, Planner sent initial letter outlining potential Violations. April 17, 2002 Kim Ogle sent additional letter. April 17, 2002 Initial complaint received from Kim Ogle. April 17, 2002 Initial inspection completed by Kim Ogle. May 3, 2002 Five day compliance encouragement letter issued. May 24, 2002 Received letter indicating intent to annex into the Town of Windsor. March 28, 2003 Scott Ballstadt, Planner, Town of Windsor, called. 2004-1709 Rince Wand LLC do Mr.Hilburn VI.0200148,Page 2 April 17. 2003 Scott Ballstadt called. October 2, 2003 Scott Ballstadt called. October 2, 2003 Scott Ballstadt sent status letter. October 9, 2003 Received e-mail update from Scott Ballstadt. April 14, 2004 Violation Notification was issued. April 29, 2004 Received recommendation of approval memo from Scott Baldstadt. May 3, 2004 Received e-mail update from Scott Ballstadt. May 10, 2004 Property inspected. Property remains in violation. May 20, 2004 Letter sent to property owner indicating that the violatio case was scheduled before the Board of County Commissioners. June 1, 2004 Received e-mail update from Scott Ballstadt. June 9, 2004 Received letter from Mr. Hilburn via fax. June 9, 2004 Received letter from Mr. Peterson. June 17, 2004 Sent letter to Mr. Hilburn, Mr. Peterson and copied Town of Windsor. June 17, 2004 Received e-mail update from Scott Ballstadt. Mr.Hilburn • Page 1 of 1, VI.0200148 a DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US ' E-mail Address: bsalzmanci)co.weld.co.us C. 1555 N. 17th Avenue,Phone (970) 363.610 reeley, CO 80631 ), Ext. 3555 Fax (970) 304-6498 COLORADO June 17, 2004 Rince Wand, L.L.C. do Mr. Jerry Hilburn 7939 Eagle Ranch Road Fort Collins, CO 80528 Subject: VI-0200148, Tract A of Valley View Ranch PUD also known as part of the S W4 c i :;ectinn 5,T6N, R67W of the 6t°P.M., Weld County, Colorado Dear Mr. Hilburn: I am writing this letter in response to 2 (two) separate letters, both received on Juno .; 04. While I understand your dilemma,due to the longevity of this Violation, staff is not agreeable: anceling the Violation Hearing already scheduled for June 22, 2004. Scott Ballstadt did advise slit d at a hearing was scheduled for June 14,2004, before the Town Board of Windsor, but we have not ie 311 notified of the outcome. The Department of Planning Services' staff will be recommending that the E d of County Commissioners continue this hearing unlit July 13,2004,at 10:00 a.m. Feel free to tact me at the above address, telephone number or e-mail address. If you wish to see me per ,n 'i please call to schedule an appointment so that I may reserve a sufficient amount of time with ',x Sincerely, 111 Bethany Salzmai5 Zoning Compliance Officer pc VI-0200148 Rince Wand c/o Jerry Hilburn, LLC (via fax) Stanford Real Estate, LLC c/o Tom Peterson, AICP (via fax) Scott Balldstadt, Town of Windsor (via e-mail) Department of Planning Services Bruce Barker, County Attorney Rince Wand, LLC 7939 Eagle Ranch Rd. Ft. Collins, Co. 80528 Ph. 970-266-8504 FAX 970-266-0087 June 9, 2004 Weld County Commissioners Beth Salzman 1555 N. 17th Ave. Greeley, Co. 80631 FAXED 970-304-6498 Subject, VI-0200148, Tract A of Valley View Ranch PUD :Dear Ms. Salzman T write in reference to your letter of May 20, 2004. Scott Ballstadt informed me this day that the annexation is complete and will be read at the June 14, 2004 Windsor City Council meeting, Final approval will be June 28 and I assume that it will be recorded on June 29, 2004. Scott also told me that he e-mailed you this information. He also said you indicated your intention to continue with the county's t,ction against Rince Wand LLC at the June 22 Weld County Commissioners meeting. Your letter of May 20 stated "the violation would be closed" if the annexation was recorded by June 21, 2004, Given that there is only eight days difference in the Windsor annexation filing and your deadline I ask you to delay your request of the county commissioners for the eight days. Let me assure you, we had no intention of being out of compliance. I understood that the County was informed of the annexation process from the beginning by Scott Ballstadt, Joe Plummer and Tom Peterson, and we had the blessing of the Windsor City Council to place rocks on the property from back in 2002. In any case I ask the county's indulgence for the eight additional days. If this does not meet with your approval let me know and I will change my schedule so .I can meet with the commissioners. If you choose to proceed as to your letter without notifying me please make this letter available for each commissioner to read. Also, please be advised that Justin Hilburn has been the managing member of Rince Wand LLC for the last couple of years. Since ly, Hi m anaging member for inc and LLC as of 2002 cc Scott Ballstadt Weld County Planning Department CREELEY OFFICE JUN 0 9 2004 RECEIVED �¢an¢®rd REAL ESTATE , LLC June 7, 2004 Bethany Salzman 3555 STANFORD RD #204 Zoning Compliance Officer FORT cou Ns.co 80525 Weld County 1555 N. 17th Ave. 970.226.1414 Greeley, CO 80631 970.226.3348 FAX Re: Tract A—Valley View Ranch PUD Your letter of May 20, 2004 regarding the impending Town of Windsor Annexation actions Dear Bethany, Mr. Hilbum asked me to write a follow up letter to you concerning the Valley View Ranch PUD —Tract A. As the Town of Windsor has informed you, The Town Board has been scheduled to approve the annexation, zoning and annexation agreement at their scheduled meeting of June 14, 2004. The annexation process has taken longer than we had anticipated, however we have finally worked out the zoning and utility issues with the Town. The Town controls the filing of the annexation plat. We anticipate executing the appropriate documents on June 14, 2004. If you have any other questions or concerns, please let us know. Sin Tom Peterson, AICP for Jerry/Justin Hilburn cc: Jerry/Justin Hilburn 7939 Eagle Ranch Road Fort Collins, CO 80528 Scott Bailstadt AICP c/o Town of Windsor 301 Walnut Street Windsor, CO 80550 I ,V ,,.uw i ' 1 1)1 J Bethany Salzman From: Scott Ballstadt [sballstadt@windsorgov.com] Sent: Tuesday,June 01, 2004 10:58 AM To: Bethany Salzman Cc: Joe Plummer Subject: RE: Mossy Rock(((VI-0200148))) • Hi Bethany -I just wanted to verify that you received my previous email response below and also ask if you need a letter or anything from the Town regarding the schedule of this annexation. Please let me know. Thanks. Scott Original Message------ From: Scott Ballstadt Sent: Thursday, May 20, 2004 12:35 PM To: 'Bethany Salzman' Cc: Joe Plummer Subject: RE: Mossy Rock (((\11-02i)61.48))) Bethany - It appears as if the Valley View Annexation and Master Plan will most likely be on the June 14th Windsor Town Board agenda for approval, however, in the event that the Town Board approves it(staff will be recommending approval), I don't believe that the annexation plat will be recorded for at least thirty(30)days after the meeting due to statutory requirements. You may want to touch base with Monica and Lee, but it may save you some staff time and effort if additional time is allowed for actual recording of the annexation plat. We will be sure to let you know the outcome of the June 14th Town Board meeting on the 15th. Please let me know if you have any questions. Thanks -Scott Original Message----- From: Bethany Salzman [mr,ilto:b:;alzmdn@co.weld.co.us] Sent: Thursday, May 20, 2001 11:14 AM To: Scott Ballstadt Subject: Mossy Ruck (((Vi-0200148))) Please see my attached Violation Hearing letter that has been sent to Mr. Hilburn regarding his property. It does give him an out of the hearing, if an annexation plat is recorded prior to June 21,2004. Thanks Bethany Salzman Zoning Compliance Of icer 1555 N. 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) 06/03/2004 Mr.Hilburn Page 1 of 2, VI-0200148 i DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US I E-mail Address: bsalzrnan@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 WI Phone (970) 353-6100, Ext. 3555 C Fax (970) 304-6498 • COLORADO May 20, 2004 Rince Wand, L.L.C. c/o Mr. Jerry Hilburn 7939 Eagle Ranch Road Fort Collins, CO 80528 Subject: VI-0200148, Tract A of Valley View Ranch PUD also known as part of the SW4 of Section 5,T6N, R67W of the 61h P.M., Weld County, Colorado Dear Mr. Hilburn: The property referenced above remains in violation of the Weld County Code. I have scheduled a • meeting with the Board of County Commissioners on June 22, 2004, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article Ill, Div 3 "Commercial Zone Districts" Section 23-3-210 "C-1 (Neighborhood Commercial) Zone District." Section 23-3-210.8 "Uses allowed by right." Section 23-3-210.C "Accessory uses." Section 23-3-210.D "Uses by special review." Section 23-3-210.E "Site Plan Review Required." Section 23-3-220 "C-2 (General Commercial) Zone District." Section 23-3-220.8 "Uses Allowed by Right." Section 23-3-220.C "Accessory Uses." Section 23-3-220.D "Uses by Special Review." Section 23-3-220.E "Site Plan Review Required." To bring the property into compliance: While I understand that you are in the process of annexation with the Town of Windsor, this violation needs to be corrected. If the Town of Windsor Board determines approval of your annexation request and once a plat has been recorded, this violation will be closed. If your annexation plat is recorded prior to June 21,2004,the Violation Hearing "will be cancelled. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center,915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. r.,, u:l'.d.7 Page 2 of 2, VI-0200148 • The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzmang. N Zoning Compliance Officer N d a o ti L N pc: VI-0200148 22)&1 s ' > z °' ch Scott Balldstadt, Town of Windsor ' o o 0 0 Department of Planning Services d E 3 Ti Bruce Barker, County Attorney E o w v to a Na m m .r= 1 E . d , uR E n ' ci a " a v U•S. Postal Servicern { D — ° w w In CERTIFIED MAILTr�, RECEIPT y a _ Er - uT (Domestic Mail Only;No Insurance Covers prove ti a r o 9� dell)' ru F r•el ve mf. 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JERRY HILBURN a >v w m a Hi o r- Street,Apt.No.; c a 00 orPOBax No. '. c v 7939 EAGLE RANCH ROAD N o t) E w m a �, <4 " N City.State,z/Pa4 .___.--... ____—_,__ _-'o c « o a .. a' m FORT COLLINS CO ; m 80528 • m4 °°' a o gtr-lwi=+ J PS Form 3800,June 2002 C E E N N c m `- h ,m a See Revpr@ejerglr glens • t m ( o 0 2 is 6 C�.0 �' `m w¢ Q 3 Y y o 6 U E E r Q W W c Q C) • a E c 2 Lao u t, o, H a 2 E E ■ ■ ■ <v a 1 1\..l1II1. i 51'1 i X11 t WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0096693 Parcel*: 080705001012 Tax Area: 0430 Bordering County: ~~� Acres: 9.52 Township Range Section Quart. Sec. Subdivison_Name Block# Lot# 06 - 6/ - 05 - 0 VALLEY VIEW RANCH PUD- - ..�®.., ..m. r. a b ... ...< ',:Ri.::1:;iGteyyAe7i.d.V:Af .:gtle'.i'{F.:.M1Vr'::..:is r..:•: • • •• Owners Nan-e_.&Address: Property Address: RINCE WAND LLC Street:WELD 7939 EAGLE RANCH RD City:WELD FORT COLLINS,CO 80528 Business/Complex: Sales Summary Sale Date Sale Price Deed.Type Reception # 11/8/2000 • $0 WD 2807700 Legai_Description VVR-A TRACT A VALLEY VIEW RANCH PUD SITUS: WELD Land Valuation Summary Land Type Abst Code Unit of Humber of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 9.52 Land Subtotal: 9.52 53,823 $1,110 • No Buildings on Parcel • • http://maps.merrick.com/Website/VVeldisetSgl.asp?cmd=QUERY&.DET—PP&pin=08070... 05/20!2004 I VI .r Westlaw Attached Printing Summary Report for SALZMAN,BETHANY 3938532 Your Search: COMPANY-NAME(RINCE&WAND) Date/Time of Request: Thursday,May 20,2004 12:26:00 Central Client Identifier: RINCE WAND LLC Database: CORP-CO Citation Text: 68580070920 Lines: 53 Documents: 1 Images: 0 (C) 2004. 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WIN Natural Language is protected by U.S.Patent Nos. 5,265,065, 5,418,948 and 5,488,725. littp://print.westlaw.com/delivery.html?dent-rate&dataid=A005580000005061000393853... 05/20/2004 "UsdilaW. 68580070920 Page 1 68580070920 CORPORATE RECORDS & BUSINESS REGISTRATIONS This Record Last Updated:ll/04/2003 Database Last Updated:05-19-2004 Update Frequency:WEEKLY Current Date:05/20/2004 Source:AS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE COMPANY INFORMATION Name:RINCE WAND, LLC Address:7939 EAGLE RANCH RD FORT COLLINS, CO 80528 D&B DUNS:84-083-4951 FILING INFORMATION Filing Date:06/30/2000 State of Incorporation:COLORADO Duration:PERPETUAL Status:UP TO DATE Business Type:DOMESTIC LIMITED LIABILITY CO Registration ID#:20001130293 Where Filed:DEPT OF STATE/DIVISION OF COMMERCIAL RECORDINGS 1560 BROADWAY DENVER, CO 80202 REGISTERED AGENT INFORMATION Agent Name:HILBURN JUSTIN L Address:7939 EAGLE RANCH RD FORT COLLINS, CO 80528 Agent Appointed:06/10/2003 AMENDMENT INFORMATION Amendments:06/27/2003 MISCELLANEOUS; ARTICLES OF AMENDMENT FILED. 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Works http://print.westlaw.com/delivery.html?lest=atp&dataid=A005 5 80000005061 0003 93 8 5 3... 05/20/2004 vaucy V LC\Y :u;'KAnILuu aial Al .-'-:i I ,.. , Bethany Salzman f ' I.Ze�l1��� From: Scott Ballstadt[sballstadt@windsorgov.com] Sent: Monday, May 03, 2004 1:32 PM To: Bethany Salzman Cc: Joe Plummer Subject: RE: Valley View Annexation and Master Plan Staff is tentatively planning to schedule this for the May 24th Town Board meeting for final approval, however, that is subject to the Planning Commission's recommendation. I will let you know after the Planning Commission meeting. Scott Original Message From: Bethany Salzman [mailto:bsalzman@co.weld.co.us] Sent: Monday, May 03, 2004 12:20 PM To: Scott Ballstadt Subject: RE: Valley View Annexation and Master Plan Thank-you.. If my memory serves me correctly, I have them scheduled for our June 22nd Violation Hearing. Please let me know as soon as I can close this one. THANKS AGAIN RE: VI-0200148 From: Scott Ballstadt [mailto:sballstadt@windsorgov.com] Sent: Monday, May 03, 2004 9:02 AM To: Bethany Salzman Subject: Valley View Annexation and Master Plan Hi Bethany-Attached please find a copy of the 5/6/04 Planning Commission agenda and staff memo. The Valley View Annexation and Master Plan are scheduled for a recommendation to the Town Board. I will let you know when they are scheduled for the Town Board for final approval. Scott Scott Ballstadt,AICP, Senior Planner Town of Windsor Planning Department 301 Walnut Street,Windsor,Colorado 80550 (970) 686-7476 (970) 686-7180 fax sballstadt@windsorgov.com <<PC AGENDA 050604.doc» <<VALLEY VIEW ANNEX REC TO TB.doc>> • 05/04/2004 r ug „y r .A-r, Aunwnuuvii .,. .r• lV.l I ,.Iii 1-.ICC 1 Ut 1 Bethany Salzman From: Scott Ballstadt [sballstadt@windsorgov.com] Sent: Monday, May 03, 2004 9:02 AM To: Bethany Salzman Subject: Valley View Annexation and Master Plan Hi Bethany-Attached please find a copy of the 5/6/04 Planning Commission agenda and staff memo. The Valley View Annexation and Master Plan are scheduled for a recommendation to the Town Board. I will let you know when they are scheduled for the Town Board for final approval. Scott Scott Ballstadt,AICP,Senior Planner Town of Windsor Planning Department 301 Walnut Street, Windsor,Colorado 80550 (970) 686-7476 (970) 686-7180 fax sballstadt@windsorgov.com «PC AGENDA 050604.doc>> «VALLEY VIEW ANNEX REC TO TB.doc>> 05/03/2004 Item 7 TO: Windsor Planning Commission FROM: Scott Ballstadt, AICP, Senior Planner VIA: Joseph P. Plummer, AICP, Director of Planning DATE: April 29, 2004 SUBJECT: RECOMMENDATION TO TOWN BOARD— APPROVAL OF VALLEY VIEW ANNEXATION AND MASTER PLAN-JERRY HILBURN, RINCE WAND, LLC/KING SURVEYORS,INC., APPLICANT'S REPRESENTATIVE LOCATION: Southwest corner of Harmony Road (WCR) 74 and State Highway(SH) 257 LAND USE PLAN DEPICTION: Neighborhood and General Commercial and Light Industrial RECOMMENDATION: Staff recommends that the Planning Commission forward a recommendation of approval of the annexation and master plan to the Town Board, subject to all Planning Commission and staff comments being addressed as follows. DISCUSSION: The applicant, Mr. Jerry Hilburn, represented by Mr. Tom Peterson, Stanford Real Estate, LLC, is proposing to annex approximately nine and one-half(91/4) acres to the Town with a zoning of General Commercial—Planned Unit Development (GC-PUD) on the site perimeter, with the interior of the site to be zoned Limited Industrial (I-L). The subject property is located within the Town's Growth Management Area and is depicted as Neighborhood and General Commercial and Light Industrial on the Town's Land Use Plan map. You will recall that back in February, the Town Water and Sewer Board, Planning Commission and Town Board all recommended approval of the temporary use of'individual on-site sewage disposal systems for the subject property until such time that the Town's sanitary sewer line is within one-half('/) mile of the property. This temporary situation and the requirement for the applicant to eventually connect to the Town's sewer has been noted on the drawings and will also be addressed in the annexation agreement. The Planning Commission also previously discussed the applicant's proposal for a temporary use to store large landscape boulders for wholesale on the site in the interim period until infrastructure is available to develop the site commercially. The applicant indicated that there would not be any signage or sales trailers on the site as the operation would be strictly wholesale. It has been determined that such a use would be appropriate with conditional use grant approval once the property is annexed to Town. Therefore, the conditional use grant application will also be a requirement contained in the annexation agreement. Finally, the applicant is hereby reminded that, at such time that the applicant proposes to subdivide the subject property, in accordance with § 24-65.5-103 of the Colorado Revised Statutes, any developer who submits an application for development in the State of Colorado must (1) schedule public hearings before a local government, (2) provide notice of all such public hearings to all mineral estate owners who have either a lease entitlement or a property Item 7 ownership in all such affected property, and (3) certify to the respective local government that all such mineral estate owners have been properly notified. It is the applicant's responsibility to coordinate such public hearings and to provide notification in accordance with the aforementioned statute. Staff recommends that the Planning Commission forward a recommendation of approval to the Town Board, subject to (1) any Planning Commission comments being resolved prior to being placed on a Town Board agenda for approval; (2) all annexation and master plan requirements continuing to be met; and (3) the annexation agreement being executed prior to Town Board approval of the annexation and master plan. pc: Jerry Hilburn,Rince Wand, LLC applicant Tom Peterson, Stanford Real ≥state, LLC applicant's representative King Surveyors, applicant's representative Bethany Salzman,Weld County Code Compliance Officer NOTE TO APPLICANTS: This agenda is considered tentative and may be revised at any time prior to the meeting. Applicants are advised to he present at 7:00 p.m. Final agendas will be available at the meeting. AGENDA WINDSOR PLANNING COMMISSION TOWN HALL, 301 WALNUT STREET THURSDAY, MAY 6, 2004 BOARD ROOM 7:00 P.M. Chairman Gale Schick, presiding 1. Call to Order 2. PUBLIC INVITED TO BE HEARD 3. Consent Calendar* - Approval of the minutes of April 21, 2004 4. Public Hearing — Raindance River Annexation — Martin Lind, property owner/John Vazquez, JCB Engineering, LLC, owner's representative S. Ballstadt 5. Weld County Referral — Amended Site Plan Review (AmSPR-53) to expand Champion Chevrolet Automobile Dealership — E. John Chamberlain, CC Land LLC, applicant/Jess Wallace, E.I., Pickett Engineering, Inc., applicant's representative— S. Ballstadt 6. Weld County Referral — Site Plan Review (SPR-370) for Owens-Illinois Glass Container Manufacturing Facility — Owens-Brockway Glass Container Corporation, Inc., applicant/Joe Cleveland, The Lathrop Company, applicant's representative— S. Ballstadt 7. Recommendation to Town Board — Valley View Annexation and Master Plan - Jerry Hilburn, Rince Wand, LLC, applicant/King Surveyors, Inc., applicant's representative— S. Ballstadt 8. Communications from the Planning Commission 9. Communications from the staff 10. Adjourn * Please note that items on the Consent Calendar will not be discussed unless requested hid the Planning Commissioners or by applicants who have business listed on the Consent Calendar. Upcoming Meeting Dates Thursday, May 6,2004 7:00 P.M. Regular Planning Commission meeting** Monday, May 10,2004 6:00 P.M. Joint work session with the Town Board to discuss large retail establishments, zoning and planning consultant -- multi- purpose room Wednesday,May 19, 2004 7:00 P.M. Regular Planning Commission meeting** Thursday,June 3,2004 7:00 P.M. Regular Planning Commission meeting** Wednesday,June 16,2004 7:00 P.M. Regular Planning Commission meeting** ** Does not include any Planning Commission work sessions which may he requested and may also be scheduled for these dates. WilDe DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE April 14, 2004 Rince Wand, L.L.C. Attn: Mr. Jerry Hilburn 7939 Eagle Ranch Road Fort Collins, CO 80528 Subject: VI-0200148, Tract A of Valley View Ranch PUD also known as part of the SW4 of Section 5, T6N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. Wand and/or Mr. Hilburn: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article Ill, Div 3 "Commercial Zone Districts" Section 23-3-210 "C-1 (Neighborhood Commercial)Zone District." Section 23-3-210.B "Uses allowed by right." Section 23-3-210.C "Accessory uses." Section 23-3-210.D "Uses by special review." Section 23-3-210.E "Site Plan Review Required." Section 23-3-220 "C-2 (General Commercial) Zone District." Section 23-3-220.8 "Uses Allowed by Right." Section 23-3-220.C "Accessory Uses." Section 23-3-220.D "Uses by Special Review." Section 23-3-220.E "Site Plan Review Required." To bring your property into compliance with the Weld County Code: While I understand that you have been in the process of annexation with the Town of Windsor,this violation needs to come to a close. If completing this annexation process will take longer than this 30 day period, this case will be scheduled before the Board of County Commissioners in June. For questions regarding what process you would need to go through with the County, I would suggest that you speak to one of our"On-Call"Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where, we have an "on- call"planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00 -4:00 p.m. Our other office(the Southwest Weld Office)is located at4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4.00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. Mr.Wand and/or Mr.Hilburn Page 2,VI.0200148 It is the intention of this office to assist and cooperate with you without imp sing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You nave 30 (thirty) days from April 14, 2004,to correct this zoning violation. Failure to do so will result in t tis office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. • Any information you have that may help to resolve this matter will be helpf: . Should you have any questions regarding this letter, or if you need any further information, please feel ree to contact me at the above address, telephone number or e-mail address. If you wish to see me per: malty, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Ti ltf cc...) re c-cn Bethany Salzman Zoning Compliance Officer pc: VI-0200148 Scott Ballstadt, Town of Windsor Planning Department via e-m: • Department of Planning Services Bruce Barker, County Attorney beuiany salzman - re: valley view Anne. caster -Uan stnnis Vary' 1 i ( ` 71 eA From: Bethany salzman To: "sballstadt@windsorgov.com".GWIA.CENTDOMAIN Date: 10/09/2003 8:31AM Subject: Re: Valley View Annexation and Master Plan status No... THANK-YOU! Bethany Salzman Zoning Compliance Officer Weld County Department of Planning Services (970)353-6100 Ext. 3555 bsalzman@co.weld.co.us • >>> "Scott Ballstadt" <sballstadt@windsorgov.com> 10/09/03 08:24AM >>> Hi Bethany- Per staffs letter to Mr. Jerry Hilburn and his representative Mr. Tom Peterson last week, Mr. Peterson has picked up the staff redline comments and has assured me that they will be resubmitting to complete these applications asap. Hopefully we will be able to schedule this for approval soon - I will keep you in the loop. Thanks. Scott Scott Ballstadt,AICP, Senior Planner Town of Windsor Planning Department 301 Walnut Street, Windsor, Colorado 80550 (970) 686-7476 (970) 686-7180 fax sbal lstadt(a�windsoreov.com WINDSOR • kck • t„ -t Town of Windsor i ! i 301 Walnut Street• Windsor; Colorado 80550• 970-686-7476 •Fax: 970-686.7180 • ururuw.ei.urindsor.co.us COLO October 2, 2003 Rince Wand,L.L.C. Attn: Mr. Jerry Hilburn 7939 Eagle Ranch Road Fort Collins, Colorado 80528 RE: Valley View Annexation and Master Plan status Dear Mr. Hilburn: Staff is writing at this lime to inquire about the status of your annexation and master plan application submittals. Staff previously notified your representative, Mr. Tom Peterson, that the most recent redline comments were available to be picked up on October 15,2002. However, when the comments were not picked up, staff mailed the comments to Mr. Peterson on November 4, 2002. Subsequently,you called me on March 28, 2003, to inquire about the status of your applications, at which time you indicated that you would speak with Mr. Peterson and submit the corrections immediately. Since that time, Ms. Bethany Salzman, Weld County Code Compliance Officer, inquired on April 17, 2003 about the status of the annexation as, due to the extended period of time the annexation and master plan process has taken, the County is considering actions regarding the interim use of the property. Furthermore, Ms. Salzman has requested that the Town contact her if the Town does not receive a response within the following timeframe. Therefore, since approximately six months has past since our last conversation, please contact me in writing by Friday, October 10, 2003 regarding the status of the remaining corrections to the drawings and your intended date for resubmittal of such corrections. Thank you for your cooperation with this matter. Please feel free to contact me if you have any questions. Sincerely, SG Scott Ballstadt,AICP Senior Planner pc: Rod Wensing, Town Administrator Joseph P. Plummer, AICP, Director of Planning Planning Department staff Tom Peterson, applicant's representative Bethany Salzman, Weld County Code Compliance Officer Weld County Planning )apartment GREELEY 0FFI IF Stara fo yd MAY 24 2102 REAL ESTATE , LLC RECEIVED May 22, 2002 3555 STANFORD RD #204 FORT COLLINS.CO 80525 Bethany Salzman 70 226 3348 FA Zoning Compliance Officer 970 226 3348 FAX Weld County Department of Planning Services 1555 North 17th Avenue Greeley,CO 80631 Re: Tract A, Valley View Ranch PUD Your File#0200148 Dear Ms. Salzman, I am in receipt of your May 3, 2002 letter of Rincewaru , LLC for the aforementioned property. Please be advised of the following. [be property in question, after lengthy discussion with Weld County, is subject of a pend ng annexation and zoning proposal before the Town of Windsor. In order for the annexation process to finish in Windsor, we were required to submit master plan revisions and Windsor was required to make some mu di f ications to it's light industrial zone designation. Both of the aforementioned items have now been completed ant: he annexation and zoning application continues to move through the Windsor proce3 We expect that, this will be finished within the next sixty(60) days. If you have any questions about it, please let me know. Sincerely, Tom Peterson, AICP For Rincewand cc. Jerry Hilburn 7939 Eagle Ranch Road Fort Collins, CO 80528 terSit;), DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: W'WW.CO.WELD.CO.US Ill D C E-mail Address: bsalzn,an@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (9 70) 353-6100, Ext. 3540 (ax: (970) 304-6498 COLORADO May 3, 2002 Mossy Rock c% Rince Wand LLC 7939 Eagle Ranch Road • Fort Collins, CO 80528 Subject: VI-0200148, Tract A of Valley View Ranch PUD also known as part of the SW4 of Section 5, T6N, t R67W of the 6" P.M., Weld County, Colorado Dear Rince Wand LLC: It has come to the attention of the Department of Planning Services'staff that the uses on your pro, ty may not be in compliance with the Weld County Code. The potential noncompliance with the Weld Con,ay Code is a commercial business without the required Weld County permits. For questions and the nece s,iry zoning permits, I would suggest that you come to the office and speak to one of our "On-Call Planners" 'Wednesday, 7:30 a.m.-4:00 p.m. or Monday or Friday, 12:00 p.m.-4:00 p.m.) Additionally, please be advise that we have opened another location to better serve the public. Our other office is located at 4209 WCR 2 I.5 (I ast of I-25 and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a.m. - 4:00 p.m.. No appointment is necessary at either location because individuals are seen in the o der they sign in. Additionally, to save time for you and the planner, please tiring this letter with you to the office. Please contact me within five working days of the date of this letter to review these conc.( rns with me. Failure to show progress or to close the violation, will result in a thirty-day violation notice brine Feel tree to contact me at the above address,telephone number or e-mail address. If you wish to se• pen:onally, please call to schedule an appointment so that I may reserve a sufficient amount of time with (.t S'ncerely,1+ 5R01/4_ Bethany Salzman Zoning Compliance Officer pc: VI-0200148 Department of Planning Services Bruce Barker, County Attorney • • scRVfei' n]AMwORK,IonyiMTV,QUALITY �x > draws ....o iY - • . . y -:•21.•,..;7:::, •;M�.t':_ us�";'�::dk._,v,'? „�,:*." i't L:'n'-i'.r=:'� Si • :c '*�`.t4•. - .i:.'_•.�.cr•: — S Syr -` f- ( i '' ;s"r -s rFm;i-'C,`--'';v `,.---',":'."-...77;:i.-:-","...,:•-::--11 "*".'''''-^`• _.,,a . ti --4,-,-, AIMS-Cttrtx ICA Client - '-cr _ pl0 _ 0 AIMS-Account Maintenance iff- 1 ` File Maintenance d 1 �� � ��_ h:..J)„]Cancel Mill Levy 97.3011000 .-I____ ",___=;_i--. 5.. I=16 z _ Owner NameJAddress . r`terghbo ooh Account RINCE WAND tic * Legal Desorption :=_`:.. T 4F-, H9GG93 7939 EAGLE RANCH RD .k w4i3OD W FORT COLLINS CO 80528 R,A TRACT A VALLEY VIEW RANCH PUD SITUS:. .. * Year District - i 2002 0430 -4-' -.* '' " t -. Apr Dist 1ST1 : T Recycle an 1 I IA - - - Parcel Number MU Space Seri 7 ..-- 11007-05-0-01-012 `Street No rirNob 'Street Name Type a r { I i -PtrotOStudio.e [Location City 1;.3 Location Zip Acct Type Lagl '�'� " � 20 IWELD Agricultural 1'.7 BACode Owner Id Owner Location Map No - . Y t , �Yr•-As 4 2013 --= ,' ' "�' ..srt 3•'- Business Name [ ' 14o0O ID 114 APR-2001 ID826AM JSW. RWAM 120020503000 N O K.. O Tax LlearsID*- . TYPE:.- • ACTUAL ASSD- -. ACRES 1- SO FT 1 i4LAND 4.556 1.320 - 9520{' 0� .. O Sites O Ere/Sue O Mobile Auttn Personal 0 .m IMPS -I •. . 0, -.of Or � _ ❑Mobile❑Remarks❑Value;,_ ❑-nil and Ga: • F,, - °' 0 jract O Tax Sale O Recording -- I . _ . ,,,,„.,Teen ❑ Condo❑Sec Asst❑Control :.. ❑Imaging I r [TOTAL I ' . 4.556P' • ,_1,320! l Ei t To Fle • :, O Rlock O Mines O history ' — �, -,�`' ' ;.:-NW - ❑Sales ❑sibling - . ❑Sketch Queries ' : *:i ' ' O Misc�Flags . O Exemption • [ACCOUNT 11 Current Year Prior Version 154,_. r• :".,.- . • Prior Year ►Se{x;•.Version Abatement r"LOtUS 1-2-3=• ! Next Year `characteristic Properly Card _ Release.4.01 clear Exit IA Start] !GroupWise-M... I ''PERMITS'Plus I I Corel WordPerf.-.j 1eAIMS-Citr'ac ICA...I ArcView GIS 3.2a I WBT-PRNTS... I ;�i,f itr'w' 2:06 PM i.Parcel Table Maintenance Q I Parcel No:10807-05-0-01-012 Alt Key: 1.70605 Update ReMap Back EA Primary Address • i General Information No Dir/ Street Name City Id: . .Su'tdivision:1 l i ( Lots Fact Select An Address 1 - Areal 0.00 Acres:l 9.52 gnus Zoning:l— 1 1 ? IWELD I .` — Census Tract' Cen Block 1 Primary Owner Information X Coord:l Y Caord:1 Least Description Name:1HILBURN JERRY L& LOIS E , r/VR-A TRACT A VALLEY VIEW FiANCH PUD SCTUS: A Address 1:17939 EAGLE RANCH RD WELD Address 2:1FT COLLINS CO Address 3:1 Address 4:1 I ZIP:.180528 Use Code:1 -1 Phone 1:1 TRA104130 Exempt r- . Phone 2:1 Status:'ACTIVE J Govt Owned:r { Notation:'Assessors Conversion (titL----%***:, ;N^ DEPARTMENT OF PLANNING SERVICES WI I P \ , Code Compliance Division ��i , 1555 N. 17th Avenue, Greeley, CO 80631 \/. / i Phone: (970, 353-6100, Ext. 3540 COLORADO• .', / 1=ax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Compla'n Initiated by: ZONING CODE COMPLAINT )(Staff/Name.64 ❑ Citi,en e oilier ❑ HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: '• t I • .1 in„ Pending Case#(i.e. USR,RE, SE, ect...): Legal Description: It'd- AIVA \ cvi Vitt,h04 RIO Parcel #: °kern l',5°7',,b l' ^-I) 1 OO"j. lait Sliv G0 1 • 4,20. • 4,-/ Violation Address: ' eel oc 1 ci 'C' f` it t 4, Property Owners Name: � illt 8'&' Phone: ATP.P 1 4.-{, tit:),::.' Property Owners Address: 7 ii;1 Ejailit, Polo; go A Tenant's Name: Phone: Tenant's Address: //`___ � �/'. . l' (� y NATURE OF COMPLAINT: teaniiVred /iat C24,114 ia-si 6110 5'6 tj 9 .• OnSr- 'ZOhtrg • l- ! 4' L• t Zoning Complaint Referred To: Date: Building Code Complaint Referred To: Date: Additional Notes: DEPARTMENT OF PLANNING SERVICES 1555 N. 1T"AVENUE GREELEY, COLORADO 80631 IWEBSITE: www.co.weld.co.us C E-MAIL: kogle353-61@coweld.co.us O PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO April 9, 2002 Jerry and Lois Hilburn Post Office Box 272517 Fort Collins, CO 80527-2517 Subject: Commercial Sales Yard for Mossy Rock Legal: Tract A of Valley View Ranch PUD, being part of the SW4, Section 5, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado Parcel#: 0807 05 001012 Zone District: C-1, Neighborhood Commercial & C-2, General Commercial Dear Jerry and Lois Hilburn: It has been brought to the attention of the Department of Planning Services that the above referenced property has a commercial sales yard located on site. Please note, per Section 23-3-200.E of the Weld County Code a Site Plan review is required. "No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the I-1 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the I-1 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned I-1 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the I-1 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of[the Weld County Code]." Given the existing situation, it is recommended that a Site Plan Review application be completed, submitted and approved by this office, thereby bringing the property into compliance. If you or a representative visits this office in person, please bring this letter with you to facilitate servicing your case file. Should contact with this office not occur within five business days, the issues noted here will result in a violation of the property and appropriate action taken. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, • Ki Ogl- Planner enclosure: res, DEPARTMENT OF PLANNING SERVICES 1555 N. 17h AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us C 353-61 E-MAIL: kogle@co.weld.co.us co us PHONE O E (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO April 17, 2002 Jerry and Lois Hilburn 7939 Eagle Ranch Road Fort Collins, CO 80528 Subject: Commercial Sales Yard for Mossy Rock Legal: Tract A of Valley View Ranch PUD, being part of the SW4, Section 5, Township 6 North, Range 67 West of the 6th P.M., Weld Cou ity, Colorado Parcel#: 0807 05 001012 Zone District: C-1, Neighborhood Commercial & C-2, General Commercial Dear Jerry and Lois Hilburn: It has been brought to the attention of the Department of Planning Services that he above referenced property has a commercial sales yard located on site. Please note, per Section 23-3-200.E of the Weld County Code a Site Plan review is required. "No land, BUILDING or STRUCTURE shall be USED, changed in USE or type )f occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally alter. :1 or operated in the I-1 Zone District until a Site Plan Review has been approved by the Departmen of Planning Services. It shall be necessary that the applicant in the I-1 Zone District certify and state that the performance standards and district requirements that are applicable to the DE.. ELOPMENT and USE of property zoned I-1 have been or shall be complied with according to th intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan F eview application process. Uses listed in Subsection D above as Uses by Special Review in th I-1 Zone District shall be exempt from the Site Plan Review process and shall make applicati ,for approval of a permit in accordance with the requirements and procedures set forth in Arti. II, Division 4 of[the Weld County Code]." Given the existing situation, it is recommended that a Site Plan Review application be completed, submitted and approved by this office, thereby bringing the property into compliance. If you or a representative visits this office in person, please bring this letter with you to facilitate servicing your case file. Should contact with this office not occur within five business days, the issues noted here will result in a violation of the property and appropriate action taken. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim OI Tarr er III enclosure: 1111111111111111111 it.•I III►Ili/mill I►I 111111iii i111 _ 7m a 2807700 11/1712000 02:13P JA Suki Tsukamolo _Recorder — 1 of 1 R 5.00 0 0.00 Weld County CO - -- ------ ---- WARRANTY DEED THIS DEED,made this 8th day of November ,+9 2000 between JERRY L. HILBURN and LOIS E. HILBURN of the •County of Ear imer and State of Colorado grantor(s)and RINCE WAND, L.L.C. a Colorado Limited Liability Company whoselegataddressis 7939 Eagle Ranch Road, Fort Collins — - ---- Colorado 80528 ' of the county of Larimer and Stale Of Colorado ,grantcess): WITNESS,that the grantor(s),for and in consideration of the sum of One ($1.00) and other good and valuable consideration DOLLARS, the receipt and sufficiency of which is hereby acknowledged,have granted,bargained,sold and conveyed,and by those presents do grant,bargain,sell,convey and confirm,unto the grantee(s), its heirs and assigns forever,all the real property, together with improvements.if any,situate,lying and being in the County of Weld State of Colorado,described as follows: Tract A, Valley View Ranch P.U.D. , Weld County, Colorado, according to the Plat recorded April 13, 1992, in Book 1332 as Reception No. 2284133, and as Amended by Affidavit of Correction Plat recorded October 27, 1992, in Book 1356 as Reception No. 2308383, Dedication recorded April 22, 1992, in Book 1333 as Reception No. 2285377 and Declaration of Covenants, Conditions and Restrictions recorded April 13, 1992, in Book 1332 as Reception No. 2284135. also known by street and number as: Tract A Valley View Ranch, Windsor, CO 80550 assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest claim and demand whatsoever of the grantor(s),either in law ur equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; 'ID HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee(s), heirs and assigns forever.The grantees),for theltl sel Vie their heirs and personal representatives,do covenant,grant,bargain and agree to and with the glantee(s), its heirs and assigns,that at the time of the ensealmg and delivery of these presents, are well seized of the premises above conveyed,have good,sure,perfect,ahsdu:c end indefeasible estate of inheritance,in law,in fee simple,and have good right,full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are Gee and clear from all former and other grams,bargains.sales,liens,taxes, • assessments,encumbrances and restrictions of whatever kind or nature tooter,except N rrr��ssst The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable posses- sins of the grantee(s), its heirs and assigns,against all and every person or persons lawfully claiming the whole or so, ; thereat L 8 IN WITNESS WHER F,the grantor(s)ha V e executed this deed on the date set forth�abowie, �J RRY HILBURN �O rs E. D1LBURN rE a ill. co STATE OF COLORADO M. County of La r inter UP1 flg y, E The forego d l(�i1El{,tas acknowledged before me this CSI In day of N EE.., Qpja g.tyr ,p) 2000. by .1, ket!,,,hzilsliken and Lois E. Hilburn.V.;. . .Afd my hand and official '� C. ^ �,4 1 yt My mission expires: [)q1/ �^ rfC>Ka�;, iFNtf 'l `,r;}�'°'.c;c�i' ,win vwn,; . ,. :.CQL Name vdxdda or Preen Enema Newry en.t'4Lca IX¢nviiwli]tld5Ao6f lx 51 N6932.Rev.9-g9. WAPYAIYIY DEED(For Photographic Re COS) Bradford Peblsnlna.Ie4343 Want St.Deaver,C0110202—131111 291-2500—IP-96 June 11, 2004 Rince Wand,L.L.C. Attn: Mr. Jerry Hilburn 7939 Eagle Ranch Road Fort Collins, Colorado 80528 RE: Valley View Annexation and Master Plan Dear Mr. Hilburn: Per your request, enclosed please find a copy of the May 6, 2004 Town of Windsor Planning Commission minutes which reflect the Planning Commission's recommendation of approval of your Valley View Annexation and Master Plan applications to the Town Board. These applications have been scheduled for the June 14, 2004 Town Board meeting for the first reading of the annexation ordinance. Staff anticipates that these applications will also be scheduled for a second reading and final approval before the Town Board on June 28, 2004. The Town does not record annexation agreements and plats until thirty (30) days have passed following the newspaper publication of the Town Board approval and the annexation ordinance in the event that public comment regarding the ordinance is received. Please feel free to contact me if you have any further questions. Sincerely, Scott Ballstadt, AICP Senior Planner pc: Joseph P. Plummer, AICP, Director of Planning Bethany Salzman,Weld County Zoning Compliance Officer To: B. Salzman From: Rebecca S. Fox —7124 Weld County Road 19, Ft. Lupton, Co 80621 Re: 7128 Weld County Road 19, Ft. Lupton, Co 80621 The above referenced Property has moved 2 modular homes on the Property. The current home already houses at least 4 adults and 4 children. When I am home, there is constant traffic in and out of the Property(5 to 10 cars in the evening). The people that visit also use my Driveway. Last night, when I returned home there were at least 14 cars parked there and the Music was loud. I asked them to turn it down. If even one more home is allowed on this Property, the traffic will undoubtedly double or triple, not to mention the increased number of visitors. I bought my home as an investment. My house was valued based on the neighborhood. This area is and has been used for Single Family Residences on small acreage. If any other housing structures are built, it will ruin my Property value. I am 55 years old, singley takc care of my home and Property. I was hoping someday to retire in his home. It would be a shame to have to sell the house for less than what I paid for it because 4,000 people decided to occupy a small acreage. This would not be fair at all to the people who live out here. I am begging the County not to allow this. Please! Rebecca S. Fox 303-833-7060 Page 1 of 1 Bethany Salzman From: OVCMMiller@aol.com Sent: Monday, June 21, 2004 7:34 AM To: Bethany Salzman Subject: 7128 WCR 19 Bethany, I am emailing you with regards to the 2 mobile homes parked on the above referenced property. My husband and I live at 9089 WCR 16 (just south of this property) and the trailer houses parked there are huge concern as to the look of the property. It looks junky over there and if it looks like that, our property value goes down. Everyone in this area has well kept up places and they should not be able to have these old mobile homes over there. Thank you for your time. Monique and Mark Miller 9089 WCR 16 Fort Lupton, CO 80621 303-833-2885 06/21/2004 June 11, 2004 Rince Wand. L.L.C. Ann: Mr. Jerry Hilburn 7939 Eagle Ranch Road Fort Collins, Colorado 80528 RE: Valley View Annexation and Master Plan Dear Mr. Hilburn: Per your request, enclosed please find a copy of the May 6, 2004 Town of Windsor Planning Commission minutes which reflect the Planning Commission's recommendation of approval of your Valley View Annexation and Master Plan applications to the Town Board. These applications have been scheduled for the June 14, 2004 Town Board meeting for the first reading of the annexation ordinance. Staff anticipates that these applications will also be scheduled for a second reading and final approval before the Town Board on June 28, 2004. The Town does not record annexation agreements and plats until thirty (30) days have passed following the newspaper publication of the Town Board approval and the annexation ordinance in the event that public comment regarding the ordinance is received. Please feel free to contact me if you have any further questions. Sincerely, Scott Ballstadt, AICP Senior Planner 4 pc: Joseph P. Plummer, AICP, Director of Planning • Bethany Salzman, Weld County Zoning Compliance Officer A let4r1 /.1 '�Y �. ' - . . 7- .t- SPEED LIMIT •4 1 .I sr • 'J+r • • -••may--- L i - sti IN 'a to rtr.4 ;. M1C. � L....y�._ .. . i 1 - ?'" -- f= 1i '' 4 y . $11 ta,T. w C F . 4 C.r r. L j 1, 4. _ b ' . I 104 PI fl iris. I\ Vic__ Pie Charts Page 1 of 1 Bethany Salzman From: Joe Plummer[jplummer@windsorgov.com] Sent: Thursday, August 05, 2004 12:53 PM To: Bethany Salzman; Scott Ballstadt Subject: RE: MOSSY ROCK Hi Bethany. The annexation is final. There were a couple of minor corrections that needed to be made on the mylars and once they bring those in, it will be recorded. I would say that you may advise the BCC and Mr. Morrison that all is well and it is officially in Windsor now and the plats should be recorded before the end of the month. Pls direct all calls on it to Windsor as it is in our jurisdiction now. Sorry I didn't convey this to you , but we were hoping to have the mylars back sooner. Thanks. Joe From: Bethany Salzman [mailto:bsalzman@co.weld.co.us] Sent: Thursday, August 05, 2004 12:15 PM To: Scott Ballstadt; Joe Plummer Subject: RE: MOSSY ROCK I am preparing my cases for Tuesday morning. Has a plat been recorded for this annexation? THANKS Bethany Salzman Zoning Compliance Officer 1555 N. 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) bsalzman@co.weld.co.us 08/05/2004 JUL-04-2004 08 :24 AM SHOWTIME. 970 266 0087 P. 01 \t1. 02-660% RINCE WAND LLC 7939 EAGLE RANCH RD FT. COLLINS, CO. 80528 970-266-8504 970-266-0087 FAX July 4th, 2004 Weld County Commissioners Beth Salzman 1555 N. 17th Ave. Greeley, Co. 80631 Faxed 970-304-6498 Subject: VI-0200148, Tract A of Valley View Ranch PUD Dear Ms. Salzman, Just a note to let you know that the Windsor City Council did approve the second reading of the annexation on the 28th of June. I apologize for not notifying you sooner. I have been out of town. If you need a copy just let me know and I will forward you one. Sincerel . erry Hil rn for Justin Hilburn Pie Charts Page 1 of 1 Va7J30i4S1 Bethany Salzman From: Joe Plummer [jplummer@windsorgov.com] Sent: Tuesday, June 29, 2004 2:08 PM To: Bethany Salzman; Scott Ballstadt Subject: RE: Rince Wand, LLC dba: Mossy Rock Hi Ms. Salzman. FYI, the Town Board passed the annexation ordinance on the 2nd (final) reading for this property at last nite's meeting (6/28/04). It appears as if barring any unforeseen circumstances, this annexation will become effective 8/2/04 and will be recorded thereafter during the same week, which falls within the time frame below. I will advise you when it has been recorded in order for the BCC to be able to vacate the violation hearing. Thanks for working with us and the applicant to help see this thru fruition. Joe Plummer From: Bethany Salzman [mailto:bsalzman@co.weld.co.us] Sent:Tuesday, June 22, 2004 1:04 PM To: Scott Ballstadt; Joe Plummer Subject: Rince Wand, LLC dba: Mossy Rock Please be advised that the Weld County Board of Commissioners did grant a continuance to the August 10th Violation Hearings. Please notify me as soon as the plat has been recorded. Bethany Salzman Zoning Compliance Officer 1555 N. 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) bsalzman@co.weld.co.us • 06/30/2004 • • • • O Weld County Department of Planning Services Inspection Report Elk1555 N. 17' Avenue COLORADO Greeley, CO 80631 ., Date of Inspection: .• .T ,,, Permit/CaseNo.. 7 .t.) _i,.)1�-+. • _. Property Owner Name: f_ t • Address: 1-1 r ELI( t.. \?r Upon a visual inspection of the property listed above, the following items were noted: • Inspection by' Contact Name: n Contact Phone Number: 970-353-6100,Ext. 3540 Copy of this inspection was: , Pictures on file: - es ❑ No F Hello