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HomeMy WebLinkAbout20041693 ettfr RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW#363 - LYNDAL STEEL BUILDINGS, C/O ARI GOLDBERG 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, by Resolution dated May 28, 2003, the Board approved the application of Lyndal Steel Buildings, do An Goldberg, P. O. Box 19003, Boulder, Colorado 80302, for Site Plan Review#363, for Multiple Display Buildings and a Sales Office on the following described real estate, to wit: Lot 2, Althen-Boyer Subdivision, located in Section 23, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on September 29, 2003, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) for Site Plan Review#363, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lyndal Steel Buildings, do An Goldberg, with terms and conditions being as stated in said agreement, and accepted a letter dated September 16, 2003, from Commonwealth Land Title Insurance Company, 916 17th Avenue, Longmont, Colorado 80501, ensuring funds in the amount of$1,935.00, were on deposit and would not be released without authorization from the Board of County Commissioners, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommends release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the letter dated September 16, 2003, from Commonwealth Land Title Insurance Company, described above, be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to notify the appropriate party of the release. Hill Hill 11111111111111111111111111 IIIIII IIIII IIIII IIIIII III IIIII Iill IIII C ' /7. 2004-1693 3197489 07/09/2004 02:32P Weld County, CO ji_f5/_ 'v 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CANCEL COLLATERAL - LYNDAL STEEL BUILDINGS, CIO ARI GOLDBERG PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D., 2004. Ie / % BOARD OF COUNTY COMMISSIONERS � 1 �I� %` ��� WENTY, COLORADO ctf-t,-Keit Robert D. Masden, Chair r d . i.y Clerk to the Board %' William H erke, Pro-Tem Deputy Clerk to the Board n� µ M. eile APP S T J, David E. Long er/Q. C•c'l �ty AttorryyAttorn y ale/1/44Glenn aad Date of signature: 7/ /eit 11111111111111111 X111111111111111111111III111111111Iill 2004-1693 PL1687 3197489 07/09/2004 02:32P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ( Alm MEMORANDUM _ WE`P e To: Board of County Commissioners COLORADO Date: June 15, 2004 From: Kim Ogle, Planner Vb., • Subject: Site Plan Review SPR-363 Release of Collateral On June 15, 2004, the Department of Planning Services performed a site investigation of the completed improvements for the property located at 2190 East I-25 Frontage Road, Erie, Case number SPR-363 at the request of Ari Goldberg, the applicant. Ogle of Weld County Department of Planning Services has inspected the items, and indicates he has no conflict with the release of funds. The Department of Public Works concurs with this recommendation per a telephone conversation between Ogle and Don Carroll on the same date.. Therefore, the Departments of Planning Services and Public Works recommend that the collateral held with the Commonwealth Land Title Insurance Company in the amount of one thousand nine hundred thirty-five dollars ($1935.00) and no/100s for An Goldberg, Lyndal Steel Buildings, P.O. Box 19003, Boulder, CO, for an office and sales facility located on Lot 2, Althen- Boyer subdivision be released by the Clerk to the Board. wpfi les/ogle/kim/cases/collatera I/s pr325 R.wpd SERVICE,TEAMWORK,INTEGRITY,QUALITY -7 00 6,4gp DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE GREELEY, COLORADO 80631 IWEBSITE: www.co.weld.co.us address: CE-mailPHONE (970)3FAEXT. 3540 X53100,O) 304-6498 COLORADO June 15, 2004 An Goldberg Lyndal Steel Buildings, LLC 2190 East 1-25 Frontage Road Erie, CO 80516 Subject: Site Plan Review SPR-363 Site inspection of property for Requested Release of Collateral Dear Ad: The Department of Planning Services performed a site investigation and inspection of the property located at 2190 East 1-25 Frontage Road for compliance with the approved Site Plan Review, SPR-363 for a requested release of collateral as stated in correspondence received dated May 21, 2004. The Department of Planning Services visited the site on the morning of June 15, 2004. Visual inspection of the property determined the following: 1. There are numerous areas where the vegetation is higher than twelve inches in height. Per the Weld County Code, should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II. Facsimile letter dated June 14, 2004 states the existing vegetation will be scraped clean. Staff concurs, this condition has been met. 2. The entry drive and parking area appear to be ungraded and in a few areas appear to not have layers of gravel placed to limit the effects of soil visible at the surface. Facsimile letter dated June 14, 2004 states the existing entry drive and parking area are graded. Staff concurs, this condition has been met. 3. The mailbox for the facility is in the State right-of-way. Written confirmation of approval by CDOT shall be provided to this office stating that the mailbox location is acceptable and permitted. Staff was contacted by Gloria Hice-Ider of CDOT concerning the mailbox issue. CDOT indicated that their office would complete investigation of applicant's proposal and respond back to the Department of Planning Services with a decision on mailbox placement and location. Staff received telephone correspondence from CDOT, the location of the mailbox for this facility has cleared CDOT's approval. Staff concurs, this condition has been met. 4. There are two debris piles that are to be removed from the premises. The first debris collection area is adjacent to a fenced enclosure along the south property line adjacent to B&J Auto. The materials located here include metal siding remnants, pallets, miscellaneous wood and metal debris. There is also a pile of bituminous pavement and concrete wash in a separate area immediately north of the previously described material area. The pallets and miscellaneous wood debris north of the existing display building and office are to be removed or placed in an area that is screened from adjacent property's and rights-of-way. Refer to Development Standard numbers 5 and 6 of the recorded Site Plan Review Plat Facsimile letter dated June 14, 2004 states that the two debris piles are removed from the premises. Staff concurs, this condition has been met. Based on the existing site conditions, it is the determination of this office that the collateral presently held by Weld County Government should be released given all outstanding issues have been completed and inspected by this office. The Department of Public Works has been contacted to address the transportation related items for this site. With receipt of their inspection report, staff will schedule this case for release of collateral with the Clerk to the Board's office. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, v _r Kim Ogle Planning Manager File:SPR-363 ec:D.Carroll,Public Works 14VN1.)AL STEEL BUILDINGS, LLC PO box 19003 Boulder,CO 80308 Office 866.774-7904 - Fax 720.406.8544 www.lyndalsteelbmldings.mm June 14.2004 Dear Kim, I have taken care of the points on the lot you addressed. Please re-inspect the lot so I can collect the collateral I put down. The office of one person doesn't generate a significant amount of garbage to warrant a dumpster on site. There is no construction or housing of material going on at this site. It is only an office of one person. I can take the garbage from inside the office, directly to the dump and nothing will be stored outside. If you have any questions, let me know, Sincerely, An Goldberg Z -d b456-9Oti-OZL 2.+agpToC t eat :OT 40 bT unC FAX COVER SHEET Lyndal Steel Buildings, LLC Ari Goldberg P. O. Box 19003, Boulder, CO 80308 Phone number 303-444-2401 Fax number 720-406-8544 Send to: From: Weld County Planning Dept. Ari Goldberg Attention: Kim Ogle Date: 6-14-04 Office Location: Office Location: Fax Number: 970-304-6498 Phone Number:866-774-7904 _ ❑ Urgent ❑ Reply ASAP ❑ Please comment ❑ Please review ❑ For your information Total pages,including cover: 2 Comments: Kim, I am requesting an inspection of the lot 2 Althen-Boyer at 2190 I-25 Frontage Rd. Erie, pertaining to SPR 363. If you have any questions, let me know. Thanks again, Ari Goldberg -d 4458-904-OZL 9.2agpiocJ eii =Oi 40 bi unr j a t. DEPARTMENT OF PLANNING SERVICES 1555 N. 17"1 AVENUE GREELEY, COLORADO 80631 IWEBSITE: www.co.weld.co.us C E-mail address: 353-6100, d.CO.US O PHONE (970)353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO June 7, 2004 Ari Goldberg Lyndal Steel Buildings, LLC 2190 East 1-25 Frontage Road Erie, CO 80516 Subject: Site Plan Review SPR-363 Site inspection of property for Requested Release of Collateral Dear Ad: The Department of Planning Services performed a site investigation and inspection of the property located at 2190 East 1-25 Frontage Road for compliance with the approved Site Plan Review, SPR-363 for a requested release of collateral as stated in correspondence received dated May 21, 2004. The Department of Planning Services visited the site on the morning of May 25, 2004. Visual inspection of the property determined the following: 1. There are numerous areas where the vegetation is higher than twelve inches in height. Per the Weld County Code, should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles land II. Facsimile letter dated June 2, 2004 states the existing vegetation will be scraped clean. Staff will re-inspect upon receipt of request from applicant. 2. The entry drive and parking area appear to be ungraded and in a few areas appear to not have layers of gravel placed to limit the effects of soil visible at the surface. Facsimile letter dated June 2, 2004 states the property will be regraded. Staff will re-inspect upon receipt of request from applicant. 3. The mailbox for the facility is in the State right-of-way. Written confirmation of approval by CDOT shall be provided to this office stating that the mailbox location is acceptable and permitted. Staff was contacted by Gloria Hice-Ider of CDOT concerning the mailbox issue. CDOT indicated that their office would complete investigation of applicant's proposal and respond back to the Department of Planning Services with a decision on mailbox placement and location. Staff will require the applicant to submit letter of compliance with CDOTs requirements as determined by CDOT. 4. There are two debris piles that are to be removed from the premises. The first debris collection area is adjacent to a fenced enclosure along the south property line adjacent to B&J Auto. The materials located here include metal siding remnants, pallets, miscellaneous wood and metal debris. There is also a pile of bituminous pavement and concrete wash in a separate area immediately north of the previously described material area. The pallets and miscellaneous wood debris north of the existing display building and office are to be removed or placed in an area that is screened from adjacent property's and rights-of-way. Refer to Development Standard numbers 5 and 6 of the recorded Site Plan Review Plat Facsimile letter dated June 2, 2004 states the existing debris piles will be removed and the site will be clean. Staff will re-inspect upon receipt of request from applicant. 5. The application materials stated that the site was vacant of all encumbrances and structures as the existing structure had been physically removed. Staff has not addressed the existing concrete block structure with stucco exterior housing the marble and stone business. Staff has also not addressed the existing mobile home that is sited to the rear of this parcel. Both of these issues remain outstanding and shall require additional information and amendment to the existing Site Plan Review of record as applicable. Should both structures be vacant, a written letter of notification shall be provided and the mobile home shall be removed from the premises. Given that you are the leasee to this property, the property owner is requested to provide such documentation. Refer to Development Standard number 2 of the recorded Site Plan Review Plat. The property is identified as Lot 2, Althen-Boyer Subdivision. The application materials stated that the property was free of encumbrances, including all structures. Staff will contact Coronet Investments concerning the placement of the mobile home on site and the additional improvements visually identified during the course of the site investigation in late May 2004. Based on the existing site conditions, it is the determination of this office that the collateral presently held by Weld County Government should not be released until the issues addressed in this letter have been completed and a re-inspection by this office of the office of Code Compliance and Public Works have visited the property. Second, review of the Site Plan Review Plat, recorded September 25, 2003 indicates that there are designated parking spaces adjacent to the fifty foot setback for future right-of-way for the I- 25 Frontage Road, also, there is one ADA parking space immediately south of the existing office structure. Further, each parking space is to have a curb stop as there is not a structural curb located in-situ. These elements are delineated on the of the recorded Site Plan Review Plat, however, these elements are not in-situ at present. The parking spaces are a requirement for business and are not a proposal for future construction. All parking spaces shall be constructed, including the placement of curb stops. Facsimile letter dated June 2, 2004 states the proposed parking requirement will be addressed. Staff will re-inspect upon receipt of request from applicant. The plat also delineates five (5)juniper trees adjacent to the Interstate 25 Frontage Road. Visual inspection did not identify that this material is in place. The dumpster enclosed by an opaque fence is not present as delineated. Each item shall be placed on site. Given that the elements are not presently in-situ, please provide written documentation stating the proposed amendment to the approved Site Plan Review plat for review by this office. Facsimile letter dated June 2, 2004 states the proposed landscape treatment will be addressed. There was no indication that the issue of the trash dumpster has been addressed. Future correspondence shall identify and address this issue in writing. Staff will re-inspect upon receipt of request from applicant. 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 Ogle Planning Manager File:SPR-363 Kim Ogle From: Hice-Idler, Gloria [Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Monday, June 07, 2004 2:44 PM To: Hice-Idler, Gloria; Kim Ogle Subject: RE: Mail Box Kim, Our maintenance forces made a site visit and have determined that leaving the mailbox where it is, works great for them. No need to require anything further. Call if you have any questions. Gloria Hice-Idler Assistant Access Manager (970) 350-2148 Original Message >• From: Hice-Idler, Gloria > Sent: Wednesday, June 02, 2004 2 :50 PM > To: 'kogle@co.weld.co.us ' > Subject : Mail Box >• Kim, > I• 'm doing some research on this one! This is a new question for us . I ' ll try to get back to you as soon as possible. 1 CIC:1 :"C\ - DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 WEBSITE:www.co.weld.co.us C E-mail address: kogle@CO.Weld.CO.US O PHONE (970) 353-6100, FAX (970) 304-6498 COLORADO May 25, 2004 Ari Goldberg Lyndal Steel Buildings, LLC 2190 East 1-25 Frontage Road Erie, CO 80516 Subject: Site Plan Review SPR-363 Site inspection of property for Requested Release of Collateral Dear Ad: The Department of Planning Services performed a site investigation and inspection of the property located at 2190 East 1-25 Frontage Road for compliance with the approved Site Plan Review, SPR-363 for a requested release of collateral as stated in correspondence received dated May 21, 2004. The Department of Planning Services visited the site on the morning of May 25, 2004. Visual inspection of the property determined the following: 1. There are numerous areas where the vegetation is higher than twelve inches in height. Per the Weld County Code, should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II. 2. The entry drive and parking area appear to be ungraded and in a few areas appear to not have layers of gravel placed to limit the effects of soil visible at the surface. 3. The mailbox for the facility is in the State right-of-way. Written confirmation of approval by CDOT shall be provided to this office stating that the mailbox location is acceptable and permitted. 4. There are two debris piles that are to be removed from the premises. The first debris collection area is adjacent to a fenced enclosure along the south property line adjacent to B&J Auto. The materials located here include metal siding remnants, pallets, miscellaneous wood and metal debris. There is also a pile of bituminous pavement and concrete wash in a separate area immediately north of the previously described material area. The pallets and miscellaneous wood debris north of the existing display building and office are to be removed or placed in an area that is screened from adjacent property's and rights-of-way. Refer to Development Standard numbers 5 and 6 of the recorded Site Plan- Review Plat 5. The application materials stated that the site was vacant of all encumbrances and structures as the existing structure had been physically removed. Staff has not addressed the existing concrete block structure with stucco exterior housing the marble and stone business. Staff has also not addressed the existing mobile home that is sited to the rear of this parcel. Both of these issues remain outstanding and shall require additional information and amendment to the existing Site Plan Review of record as applicable. Should both structures be vacant, a written letter of notification shall be provided and the mobile home shall be removed from the premises. Given that you are the leasee to this property, the property owner is requested to provide such documentation. Refer to Development Standard number 2 of the recorded Site Plan Review Plat. Based on the existing site conditions, it is the determination of this office that the collateral presently held by Weld County Government should not be released until the issues addressed in this letter have been completed and a re-inspection by this office of the office of Code Compliance and Public Works have visited the property. Second, review of the Site Plan Review Plat, recorded September 25, 2003 indicates that there are designated parking spaces adjacent to the fifty foot setback for future right-of-way for the I- 25 Frontage Road, also, there is one ADA parking space immediately south of the existing office structure. Further, each parking space is to have a curb stop as there is not a structural curb located in-situ. These elements are delineated on the of the recorded Site Plan Review Plat, however, these elements are not in-situ at present. The parking spaces are a requirement for business and are not a proposal for future construction. All parking spaces shall be constructed, including the placement of curb stops. The plat also delineates five (5)juniper trees adjacent to the Interstate 25 Frontage Road. Visual inspection did not identify that this material is in place. The dumpster enclosed by an opaque fence is not present as delineated. Each item shall be placed on site. Given that the elements are not presently in-situ, please provide written documentation stating the proposed amendment to the approved Site Plan Review plat for review by this office. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, cc ' 7 Kim Ogle Planning Manager File: SPR-363 1 .`=' :iDAL S'➢1j4'J4,L 1;1 " 11 ,1 )1 '\( ;'s4, PO box 19003 Boulder,CO 80308 Office 303-444-2401 Fax 720.406.8544 www.lyndalsteelbulldIngs.com May 21,2004 Kim Ogle Weld County Planning Dept 1420 2nd St Greeley,CO 80631 Dear Kim, I have completed all the aspects of our improvements agreement pertaining to Site Plan. Review 363 at 2190 1-25 Frontage Rd., Erie. I have my Certificate of Occupancy from the building dept. and request a site inspection to verify the completion of the improvements. I would like to get the collateral for the work back since all the work is completed. You can reach me at 201-747-5913 if you have any questions. Sincerely, Ari Goldberg z d bbSB-90b-OZL 2-la9PIorJ ?mod eoS : ii tro IZ ReW FAX COVER SHEET Lyndal Steel Buildings,LLC Ari Goldberg P. O. Box 19003, Boulder, CO 80308 Phone number 303-444-2401 Fax number 720-406-8544 Send to: From: Weld County Planning Dept, Ari Goldberg Attention: Kim Ogle Date: 5-21-04 Office Location: Office Location: Fax Number: 970-304-6498 Phone Number:866-774-7904 ❑ Urgent ❑ Reply ASAP ❑ Please comment ❑ Please review ❑ For your information Total pages, including cover: 2 Comments: • I am requesting a site inspection at 2190 I-25 Frontage Rd., Erie for SPR 363 to verify completion of improvements in order to collect the collateral I put down. Tha ks, Ari Goldberg 201-747-5913 'el bbSB-90b-02L, 2-is o qPr 9 icy e05 : IT 170 12 ReW Co%MONwEu;rn LAND Tni.F:INSURA\Y'F:ColPAN1 916 17th Avenue I Longmont, CO 80501 I 303-772-9164 I fax 303-772-9197 ar Commonwealth TO: WELD COUNTY BOARD OF COUNTY COMMISSIONERS FROM: MARLENE SHANNON, ESCROW CLOSER RE: IMPROVEMENTS AGREEMENT-PRIVATE ROAD MAINTENANCE WITH ARI GOLDBERG DATE: SEPTEMBER 16, 2003 This is to advise you that Ari Goldberg has deposited$1935.00 with Commonwealth Land Title Insurance Co. today, as set forth in the Improvements Agreement with you. Commonwealth will hold funds till October 1, 2005. Commonwealth will not release 'd funds without the authorization from Weld County Board of County Commissioners. a ene Shannon, Escrow Closer ret CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO July 12, 2004 Commonwealth Land Title Insurance Company 916 17th Avenue Longmont, Colorado 80501 RE: Cancellation and release of collateral being held -Ari Goldberg To Whom It May Concern: Attached hereto please find a copy of the Board of County Commissioner's Resolution approving the cancellation and release of collateral being held in conjunction with Site Plan Review#363, Lyndal Steel Buildings, do Ari Goldberg. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS f, BY: Carol A. Harding, Deputy Clerk to the Board P. 01 * TRANSACTION REPORT x JUL-12-2004 MON 03:25 PM * * * FOR: WELD CO GOVT 9703520242 x * DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP * Y X * JUL-12 03:23 PM 913037729197 1' 41" 4 SEND OK 584 * X Y x TOTAL : 1M 41S PAGES: 4 >K * x WINSFAX TRANSMISSION COLOR Weld County Clerk to the Board PO Fox 758 Greeley,CO 80632 Fax; 970-352.0242 Phone:970.331-7215,ext.4217 To: Marlene Shan r ;)n Date: July 12,2004 Fax: (303) 772-91' L Pages: 3 + Cover From: Carol Hardin;;, Deputy Clerk ; ,the Board Subject: Ari Goldberg CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 W I C• GREELEY, COLORADO 80632 COLORADO July 12, 2004 Ari Goldberg P. O. Box 19003 Boulder, Colorado 80302 RE: Cancellation and Release of Collateral - Site Plan Review#363 Lyndal Steel Buildings To Whom It May Concern: Attached hereto please find a copy of the Board of County Commissioner's Resolution approving the cancellation and release of the above listed collateral. The Resolution was also faxed to Commonwealth Land Title Insurance Company, per your instructions, on this date. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: L�/� At^ —L Carol A. Harding, Deputy Clerk to the Board Hello