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Home My WebLink About891299.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A VEHICLE SALES AND SALVAGE OPERATION IN THE I-3 (INDUSTRIAL) ZONE DISTRICT - GARY AND MARY ANN TUTEN 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, the Board of County Commissioners held a public hearing on the 13th day of December, 1989 , at the hour of 10 :00 a.m. in the Chambers of the Board for the purpose of hearing the application of Gary and Mary Ann Tuten, 10088 Zenobia Court, Westminster, Colorado 80030, for a Site Specific Development Plan and Special Review Permit for a vehicle sales and salvage operation in the 1-3 (Industrial) Zone District on the following described real estate, to-wit: Part of the S}NW} , Section 20 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were present, and WHEREAS, Section 24 .4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan' s Industrial and Urban Growth Boundary Goals and Policies. The Cities of Fort Lupton and Brighton have reviewed this proposal and recommended conditional approval. The conditions 891299 f'/ D "// Page 2 RE: USR - TUTEN are addressed in the attached Conditions of Approval and Development Standards . b. The proposal is consistent with the intent of the I-3 (Industrial) Zone District and is provided for as a Use by Special Review. c. The proposed use is compatible with the existing surrounding land uses which are an oilfield support and service facility, cattle feedlot, railroad, pasture, old U. S. Highway 85 , and farm production. The Special Review Permit Development Standards will ensure the use will be compatible with the existing and future development of the surrounding land uses as permitted by the I-3 (Industrial) and A (Agricultural) Zone Districts. d. No overlay districts affect the site. e. The Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a vehicle sales and salvage operation in the I-3 (Industrial) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners . 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to recording the plat: a. A copy of a soil erosion control plan and landscaping plan, approved by the West Adams Soil 891299 Page 3 RE: USR - TUTEN Conservation District, shall be submitted to the Department of Planning Services; b. Evidence that the Division of Water Resources has approved a water supply for the proposed Use by Special Review; and c. The Special Review Permit be amended to remove the following language : "if required, " "if reqd, " and "if req'd. " The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D. , 1989 . r Y✓v. Hp BOARD OF COUNTY COMMISSIONERS ATTEST : WELD COUNTY, COLORADO K Weld County Clerk and Recorder g Xe and Clerk to the Board C.W rby, Chairman BY: 5�O ''! > Gene R. Brant r, Pro-Tem Deputy7County erk EXCUSED APPROVED AS TO FORM: Constance L. Harbert George --rKeh S 1 `bs e County Attorney " .' Gordon fi ac 891299 DEVELOPMENT STANDARDS Gary and Mary Ann Tuten USR-896 1 . The Site Specific Development Plan and Special Review Permit is for a vehicle sales and salvage operation in the I-3 (Industrial) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended. 3 . All salvage materials or materials waiting to be salvaged shall be stored inside a building or visually screened from public right-of-way and adjacent properties as shown herein. 4 . The property shall be maintained at all times in compliance with SARA Title III . 5 . All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Specific provisions shall be made to protect against groundwater pollution from spilled hydrocarbon materials. 6 . Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for Emissions. 7 . No permanent disposal of wastes shall be permitted at this site. 8 . A spillage retention berm shall be required around any tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. 9. The septic system for the proposed shop facility shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 10 . All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris , and other potential nuisance conditions. 11 . Fugitive dust shall be confined on this site. 891299 Page 2 DEVELOPMENT STANDARDS - TUTEN 12 . Maximum permissible noise level shall not exceed the commercial limit of 70 dB (A) , as measured according to 25-12-102, Colorado Revised Statutes. 13 . Fences used for visual screening shall be maintained in good repair at all times and broken or vandalized materials repaired or replaced with substantially similar kind. The fence shall be solid board fence on the west property line and around the dwelling, all other fences shall be chain link with slates of an earth tone color installed. 14 . Prior to the start of the operation and/or locating vehicles on the property, evidence shall be submitted to the Department of Planning Services that the Weld County Health Department has approved the location and installation of the three recommended groundwater monitoring wells. The water from the three groundwater monitoring wells shall be sampled annually and tested for total petroleum hydrocarbons. The results from these tests shall be submitted to the Weld County Health Department for review. 15. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 16 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 17 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance . 18 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 19 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 891299 Page 3 DEVELOPMENT STANDARDS - TUTEN 20 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 891299 HEARING CERTIFICATION DOCKET NO. 89-54 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR VEHICLE SALES AND SALVAGE OPERATION IN THE I-3 (INDUSTRIAL) ZONE DISTRICT - GARY AND MARY ANN TUTEN A public hearing was conducted on December 13, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Gene R. Brantner, Pro-Tem Commissioner Constance L. Harbert - Excused Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated November 8, 1989, and duly published November 30, 1989, in The New News, a public hearing was conducted to consider the application of Gary and Mary Ann Tuten for a Site Specific Development Plan and Special. Review Permit for a vehicle sales and salvage operation in the I-3 (Industrial) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Gary Tuten, one of the applicants, came forward to explain this request. He said that this is not intended as a "junk yard", but is to be a "state of the arts" used parts operation. He stated that vehicles will be dismantled, and parts cleaned and shelved. Discussion was held about the type of screening required by the Development Standards. Adjacent property owners Wayne Adams, Jim Adams, and Helen Adams came forward to speak in opposition to this request. They objected to the visual impact of this nature of operation. Mr. Schuett answered questions of the Board as to what would be allowed as a use-by-right in the I-3 Zone District. Mr. Tuten explained that they plan to live on the site, and that they will salvage pickup trucks only. Mary Ann Tuten, the other applicant, said they intend to beautify the area. Chairman Kirby advised the applicants that, with only four Commissioners present, if this hearing should result in a tie-vote, the absent Commissioner would review the record and listen to the tape before casting the deciding vote. Commissioner Lacy reviewed the criteria to be used in considering a Special Review Permit, and moved to approve this request, subject to the Conditions and Development Standards contained in the Planning Commission's recommendation. The motion was seconded by Commissioner Brantner, and it carried unanimously. 891299 7I Page 2 RE: USR - TUTEN This Certification was approved on the 18th day of December, 1989. APPROVED: w !' ; , HOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo d L.W, by, C i n -By: ?k? DeputyXounty Cl cy ene R. Brantner, Pro-Tem EXCUSED Constance L. Harbert George • 11- - Gar4airt6 :71 i TAPE #89-53 DOCKET #89-54 EL0571 -891299 ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: DECEMBER 13, 1989 -DOCKET #89-53 USR-VEHICLE SALES & SALVAGE OPERATION IN SHE I-3 (INDUSTRIAL) ZONE DISTRICT — GARY & MARY ANN TUTEN • PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING - 3 fielanaly .263* -teir?7 77- of • £391299 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on December 13, 1989, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Gary and Mary Ann Tuten 10088 Zenobia Court Westminster, Colorado 80030 LEGAL DESCRIPTION: Part of the S}NWi of Section 10, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Vehicle sales and salvage operation in the I-3 (Industrial) Zone District SIZE OF -PARCEL: 3.358 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: December 21, 1989, in The New News 891299 STATE nF COLORADO ) ss. COUNTY OF WE:L..D ) David D. Reynolds, being duly sworn , says that he is publisher of the New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continuously and uninterruptedly published therein , during a period of at least fifty--two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the • Pue1.ICicx pact. ofthe General Assembly of the >lo.Md d old �couoxr State of Colorado entitled "An Acct =timp t 13a, 16 to regulate the printing of :legal Ir RRevie�. Permits l and e notices and advertisements, " and riopettyw. �a a amendments thereto; that the notice pLI' creates a 0�1 Ue Verna amended, of which the annexed .:is a printed rota�{�d at three rears. APPLICANT, Gary and Mary copy 7 taken from said newspaper, was Tnt¢n, 1Qe08 _7 1a Court, published in said newspaper, and inifil AL D C.O1�PTION: Part of the regular and entire issue of Township ns or Range eetlee w� every number thereof , once a -c:,:very of Sth CColorraado P.M., weld County, ether week for / week.s; that said TYPE AND INTENSITY OF ... _.. APPROVED USE: 'Vehicle asks and ialyha Uon et In the I4notice was so published in said ( usfl SIZE OF PARCEL: 3.358 acres, newspaper proper and not in an'?' more or less F to abide by the terms and supplement thereof , and that the �oni�uons Vide Brut result in a forfeiture of the vested first publication of said notice as Property'right UNTY aforesaid, was on the COMMISSIARD OF ONERS WELD COUNTY COLORADO 8Y: MARY ANN I�EUERSTEIN /_ day of f RECORDER AND CAC TO and the last on the -BY: ,DeoutYY PUBLISHED: r 21, in The New News ..7./ day E • _. A.,_... ._., 199*, 4----\--) ,_ Subscribe and __worn t before me this . day of December, 1989. .ii i t2/7t _____ No/ary Public i'' commission expires - '—c7ti c.-T;r r rrr.:. a_.:.l.c-:;t-. s:.:;p a.r"c_• • ,::. 891299 • NOTICEAF PUBLIC HEARING The Weld County Planning Commission well hold a public IRS, a on Tuesday,.m. Ueee purpose bear it on u for of -considering a Site Specific Development Plan and ap—Special Review Permit for the al rot rtyy ;Arc below. Approv request may create a vested Ion o law. pursuant to A1LPP CANT:T,ary and Mary Ann ten LEGAL'DESCRIPTION: Part of the SK NW1/4 of Section 10, TIN R66W of the 6th P.M., Weld Saunty,.Colorado TYPE AND INTENSITY OF PROPOSED USE: A Site Specific Development Plan and a Special Review permit fora vehicle sales and salvagge operation in the 1J (Industrial) zone district LOCATION: Approximately .23 mile. south of Weld County Road east or and adjacent to Weld m County Road27 (old US. Highway sin': 3.336 acres,more or less The pubic hearing will be-held In • the Weld County Commissioner's ar Hearing Room, Flty a First Center,Weld Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld t:ounty -Department it Planning Services, 913 Tenth Street, itoam Greeley, Colorado 80631 ore the above date or',resented at he pubic hearing on December a (d ties or the application are available for public i npection_in the Department of Planning Services, Room 342. Weld County Centennial Center 915 Tenth Street, Greeley, Colorado 80631 • Phone-356+000.Extension 4400. Ernie Roos. Chairman Weld County Planning Commission cl To be published mile New News �NT1oo b'ef1 zubtished one 11 time by W •jR X90.9 m 8t New Yews tiovbe 9, u :Tultier 19J /C% • /i�: � ,;,I 1 I95 Held Co. DI :I ni 991299 Summary of the Weld County Planning County Planning Commission December 5, 1989 Page 10 APPEARANCE: Jim Rees, General Partner, represented the applicant. They are requesting 113 acres of nonproductive agricultural land be rezoned to allow an industrial and commercial Planned Unit Development. They have reviewed the recommendation and conditions of the Department of Planning Services staff. They -will meet with the Sheriff to discuss his recommendation of a law enforcement authority. Conditions #2, regarding curbs and gutters; they would like the flexibility to install these at the time of improvement. Also, they can't afford to install the required sewer from the St. Vrain Sanitation District. The Chairman called for discussion from the members of the audience. There was none. the Chairman asked Keith $chuett to read the recommendation and condition prepared by the Department of Planning Services staff into the record. Tape 364 - Side 2 MOTION: Jerry Kiefer moved Case Number Z-452 for Foster Ridge Business Bark, 25-66, ;Ltd. , for a Change of Zone from Agricultural to Planned Unit Development for Commercial, Highway Commercial, and Industrial zone districts be forwarded to the Board of County Commissioners -with the -Planning Commission's recommendation for approval based upon the recommendation of the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. 'the Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison .yes; Jerry Burnett - yes; Bud Clemons - yes; Jerry -Kiefer - yes; Ernie Ross - no. Motion carried -with four voting for the motion and one voting against the motion. NUMBER: USR-896 V/ CASE APPLICANT: Gary and Mary Ann Tuten 12EQUEST: A Site Specific Development Plan and a Special Review -Permit for a vehicle sales and salvage operation in the I-3 (Industrial) sore district :LEGAL DESCRIPTION: Part of the Ni NW} of Section 20, T1N, R66W -of the 6th P.M. , Weld County, Colorado LOCATION: South of Weld County Road 8 and east of and adjacent to Weld County Road 27 (Old Highway 85) B21299 /_-A ri2iT /7 Summary of the Weld County Planning County Planning Commission December 5, 1989 Page 12 MOTION: Bud Halldorson moved Case Number USR-896 for Gary and Mary Ann Tuten for a Site Specific Development Plan and a Special Review Permit for a vehicle sales and salvage operation in the Industrial zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation and conditions presented by the staff, the Development Standards as amended by the Planning Commission, and the testimony heard by the Planning Commission. Motion seconded by Jerry Kiefer. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Jerry -Burnett - yes; Bud Clemons - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. CASE NUMBER: Amended USR-803 APPLICANT: Cactus Hill Ranch Company REQUEST: A Site Specific Development Plan and a Special Review Permit for a maximum 150,000 head sheep operation, 4 accessory dwellings, and a commercial truckwash facility LEGAL DESCRIPTION: Part of the NW} and W} of the SW} of Section 21 and part _of the S} SWI of Section 16, all in T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: South of State Highway 14 and east of State Highway 257 (Weld County Road 17 (38990 Highway 257) APPEARANCE: Mike Ketterling, Engineer, Landmark Engineering, stated the applicant's special review permit currently allows for 100,000 head of sheep. -They are requesting an increase to 150,000 head of sheep, the addition of 4 mobile homes for people working on the site, and upgrade the trailer washout facility. They have a dust abatement plan, and they intent to install an aerator in the pond to reduce odor. Richard Manges, Attorney, stated sheep have been raised on this property since 1920. . They have a contract with Monfort for 150,000 lead of sheep, and they buy feed from the local farmers. This is not a commercial truck -wash facility. There are no detergents, road grime or oil deposited in the pond. This is strictly a truck washout facility. The water from the pond mill be used for irrigation water on the owner's property. 891299 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION r. RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-896 NAME: Gary and Mary Ann Tuten ADDRESS: 10088 Zenobla Court, Westminster, CO 80030 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Vehicle Sales and Salvage Operation in the I-3 (Industrial) zone district LEGAL DESCRIPTION: Part of the Si NW} of Section 20, TIN, R66W of the 6th P.M., Weld County, Colorado LOCATION: South of Weld County Road 8; east of and adjacent to Weld County Road 27 (Old U.S. Highway 85) 2732 Weld County Road 27 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Industrial and Urban Growth Boundary Goals and Policies. The Cities of Fort Lupton and Brighton have reviewed this proposal and recommended conditional approval. The conditions are addressed in the attached conditions of approval and development standards. - The proposal is consistent with the intent of the 1-3 (Industrial) zone district and is provided for as a Use by Special Review. - The proposed use is compatible with the existing surrounding land uses which are an oilfield support and service facility, cattle feedlot, railroad, pasture, old U.S. Highway 85, and farm production. The Special Review Permit Development Standards will ensure the use will be compatible with the existing and future development of the surrounding land uses as permitted by the I-3 (Industrial) and A (Agricultural) zone districts. ;-..1/f,[;i, r 891299 USR-896 Gary and Mary Ann Tuten Page 2 - No overlay districts affect the site. - -The Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: - A copy of a soil erosion control plan and landscaping plan, approved by the West Adams Soil Conservation District, shall be submitted to the Department of Planning Services; - evidence that the Division of Water Resources has approved a water supply for the proposed use by special review; and - The Special Review Permit be amended to remove the following language: "if required," "if reqd," and "if req'd." Motion seconded by Jerry Burnett VOTE: For Passage Against Passage Ann Garrison Jerry Burnett Bud Clemons Jerry Kiefer Ernie Ross ©® ®p 891299 USR-896 Gary and Mary Ann Tuten Page 3 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 5, 1989, and recorded in Book No. XlI of the proceedings of the Planning Commission. Dated the 6th of December, 1989. -Bo ix-Is-L.-a- Q o o a Bobbie Good Secretary 891299 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gary and Mary Ann Tuten DSR-896 1. The Site Specific Development Plan and Special Review permit is for a Vehicle Sales and Salvage Operation in the I-3 (Industrial) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. All salvage materials or materials waiting to be salvaged shall be stored inside a building or visually screened from public right-of-way and adjacent properties as shown hereon. 4. The property shall be maintained at all times in compliance with SARA Title III. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Specific provisions shall be made to protect against groundwater pollution from spilled hydrocarbon materials. 6. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for Emissions. 7. No permanent disposal of wastes shall be permitted at this site. 8. A spillage retention berm shall be required around any tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. 9. The septic system for the proposed shop facility shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 10. All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 11. Fugitive dust shall be confined on this site. 12. Maximum permissible noise level shall not exceed the commercial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. -891299 USR-896 Development Standards -Page 2 13. Fences used for visual screening shall be maintained in good repair at all times and broken or vandalized materials repaired or replaced with substantially similar kind. The fence shall be solid board fence on the west property line and around the dwelling, all other fences shall to chain link with slates of an earth tone color installed. 14. Prior to the start of the operation and/or locating vehicles on the property, evidence shall be submitted to the Department of Planning Services that the Weld County Health Department has approved the location and installation of the three recommended groundwater monitoring wells. The water from the three groundwater monitoring wells shall be sampled annually and tested for total petroleum hydrocarbons. The results from these tests shall be submitted to the Weld County Health Department for review. 15. Prior to the start of the operation and/or locating vehicles on the property, evidence shall be submitted to the Department of Planning Services that the Weld County Health Department has approved the location and installation of the three recommended groundwater monitoring wells. The water from the three groundwater monitoring wells shall be sampled annually and tested for total petroleum hydrocarbons. The results from these tests shall be submitted to the Weld County Health -Department for review. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible fox complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards -stated hereon and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown herecn and governed by the foregoing Standards and all applicable Weld County .Regulations. Major changes from the plans or Development Standards as -shown or stated shall require the approval of an amendment of the hermit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the _office of the Department of Planning Services. -891299 IISR-896 Development Standards -Page 3 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 831299 PROPOSED STANDARD Prior to the start -of -the operation and/or locating vehicles on the property, evidence shall be submitted to the Department of Planning Services that she Weld County Health lepartment has approved the location and installation of the three recommended groundwater monitoring mells. The water from the three groundwater monitoring wells shall be sampled annually and tested for total petroleum hydrocarbons. The -results from these tests -shall be submitted to -the Weld County Health Department for review. • 891299 =U'\ L .,Cis.: L, '"ES ' "' ' LL :U1( '..UL. FrRATTOi" Gary and Mary Ann Tu. _.. Case Number USR-B96 Submitted or Prepared Prior to Hearing At Hearing 1. Application 8 Pages X 2. One application plat(s) 1 page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List -X b. DPS Mineral Owner's Mailing List -X 7. Three DPS Maps Prepared by Planning Technician X B. DPS Notice of Hearing x 9. 1)PS Case File Summary Sheet X 10. DPS Field Check X 11. Memo dated November 14, 1989, from Wes Potter, X Weld County Health Department 12. Letter dated November 8, 1989, West Adams X Soil Conservation District 13. Referral response dated November 16, 1989, X from Fort Lupton Planning and Zoning Commission 14. Letter received received November 27, 1989, X from the Brighton Planning Commission 15. Memo dated November 6, 1989, from Don Carrol, X Weld County Engineering Department 16. Referral response dated November 7, 1989, from X the Fort Lupton Fire Department 17. Referral response dated November 1, 1989, from X Ell Herring, Office of Emergency Management 18. Referral response dated November 7, 1989, X from the Oil and Gas Conservation Commission 19. Letter dated December 5, 1989, from Larry E. X Abston, Area Supervisor, Panhandle Eastern -Pipeline Company I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on December 8, 1989. ��rent' 'I - STATE OF COLORADO ) .!� ) COUNTY OF WELD ) gQ s4BEL ItND SWORN TO BEFORE ME THIS day of S).&ca.w..ltar., 1959 . a,b - c\o �:‘. cihke0 CQ‘, -NOTARY PUBLIC My Commission Expires My C.uMnbssicBB exploits Feb. I30 1993 B91299 November 8, 1989 -I hereby guarantee that all costs associated with pre-advertising my -request for a Special Review Permit will be paid. 891299 EXHIBIT INVENTORY CONTROL SHEET 7 ,re' -Case (i_)/2, �GG�C-iL -Exhibit Submitted By Exhibit Description A. ,sir yL ); ��fili✓LZcZZ B. 7 J 4O✓fQ-1'i�f." c z; L. 1.--ec`/!✓ /L6'' < '�l%'/ r ;r-'<L.( 1>2". ./l7�lr.� .,.1.�.?,.:. =126/' E. g F. 75/22/ "L' 7 / d.2" ✓z Lt;7 /c1'L'Lo.,?'II.;E: �!G�ll.C:t?✓ 2a G. -' ,U%/ l sr� 1/1�L� H. I. J. K. L. M. N. 0. 891299 CPC 61969 ftd Cn. Plau,nh¢ �n:nn izwr. PANHAN➢LE EASTERN PIPE LINE COMPANY 635 No. 7th Brighton, Colorado 80601 (3031 659-5922 December 5, 1989 Mr. Keith A. Schuett Current Planner Weld County Dept. of Planning 915 10th Street Greeley , CO. 80631 RE: Case #USR-896 - Gary & Mary Ann Tuten -Vehicle Sales & Salvage Operation. Dear Mr. Schuett: Please find enclosed a copy of our as-built map , which shows our pipelines (16-10-075-187-8" and 16-10-075-270-4") , in the hi-lighted areas, located in the North Half of the Northwest Quarter of Section 20, Township 1 North , Range 66 West, Weld County, Colorado. At this time, Panhandle Eastern does not foresee any conflicts with this project. However , before we give our recommendations Panhandle is requesting that prospective contractors and/or developers involved with construction and excavation , please, contact us to be made aware of the following stipulations. Panhandle Eastern maintains a 50-foot wide right-of-way on all pipelines and will not allow any building within that easement area. Utility lines, streets, sidewalks, and driveways may be installed at approximate right angles to the pipeline herein authorized , provided, however , that all utilities cross under our pipeline with a minimum clearance equal to the diameter of the larger utility or 18" , whichever is greater. No paved or traveled portion of any street, sidewalk, driveway , road, alley, or curbing will be placed substantially parallel to and within fifteen ( 15' ) feet of the pipeline, provided adequate working space is available on the other side of the pipeline. In the event of a proposed crossing with a road or utility, please contact Utility Notification Center of Colorado (UNCC) at 534-6700 (Local & Metro Denver) , or 1-800-922-1987 (Outside the Metro area) , with two (2) business days notice, and at no cost to you, we will locate and mark our lines to eliminate accidents that can occur from foreign forces. 891299 We will be more than happy to work with everyone involved , however , it must be noted that if for any reason " our lines must be moved , it will be at the expense of the developer or the person or persons asking for this movement. If additional information is needed , please call me at 659-5922, ext. 222. Sincerely, Larry E. Abston Area Supervisor attachments xc: File 891299 I h ' N G-31- - 2 0 • • �3 4 ..• .O1 - N N Z ct O 01 N O ti; --Sd - - o. zqO I Ti W -�I in a=\I _m l\ IJ rn N • I I b II 0m ti o IOy /� 0 w �� 5 a j o ` i • 2 . 19 I•. I rD I r Q 1'11 0 D� v IN -1n ;o � ...— . — - • ,. In 3 Or O N O I-Si - Nta O I ' I O N Q h O ,CC—ii _ o I a w I p\ i\.\.k....0) 3 c:i Sao- �� as i ?'h 3IdIDiVd I I [TI ° f t- I t ► { o 01 f I �r� N e"ico/ N Q - O:___ Q __.3a 'CL-- a Q S/•B£9/ • F La t v , Di 2 cl 3 R , U ab In a, 2 Jai I t-to0 7c I a! ti o Via., Q� o I my ¢m w A Q Q m i, , ".7 . ,. •, ____________ 1 i [ __ to _ q a ACri mEmORAnDUm Keith Schuett, Planning December 5, 1989 To Date Donald Carroll, Administrative Manager t COLORADO From Tuten, USR Subject: I have reviewed and checked the storm water retention facilities and calculations from Freese Engineering, and find no conflict with this U.S.R. O( ti ITC, G 1989 Weld L'u.Ytaan DC/mw:prtut cc: Commissioner Lacy _Planning Referral File - Tuten, USR -891299 Date: December 5, 1989 CASE NUMBER: USR-896 NAME: Gary and Mary Ann Tuten ADDRESS: 10088 Zenobia Court, Westminster, CO 80030 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Vehicle Sales and Salvage Operation in the I-3 (Industrial) zone district LEGAL DESCRIPTION: Part of the Si NW} of Section 20, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: South of Weld County Road 8; east of and adjacent to Weld County Road 27 (Old U.S. Highway 85) 2732 Weld County Road 27 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Industrial and Urban Growth Boundary Goals and Policies. The Cities of Fort Lupton and Brighton have reviewed this proposal and recommended conditional approval. The conditions are addressed in the attached conditions of approval and development standards. - The proposal is consistent with the intent of the I-3 (Industrial) zone district and is provided for as a Use by Special Review. - The proposed use is compatible with the existing surrounding land uses which are au oilfield support and service facility, cattle feedlot, railroad, pasture, old U.S. Highway 85, and farm production. The Special Review Permit Development Standards will ensure the use will be compatible with the existing and future development of the surrounding land uses as permitted by the I-3 (Industrial) and A (Agricultural) zone districts. - No overlay districts affect the site. - The Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 891299 USR-896 • Gary and Mary Ann Tuten Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department iof Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building ar electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: - A copy of a soil erosion control plan and landscaping plan, approved by the West Adams Soil Conservation District, shall be submitted to the Department of Planning Services; - evidence that the Division of Water Resources has approved a water supply for the proposed use by special review; and - The Special Review Permit be amended to remove the following language: "if required," "if reqd," and "if req'd." • 891299 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Gary and Mary Ann Suten USR-896 1. The Site Specific Development Plan and Special Review permit is for a Vehicle Sales and Salvage Operation in the I-3 (Industrial) zone district as submitted in the application materials on file in the Department of Planning, Services and subject to the Development Standards stated hereon. 2. Approval of this plan may -create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. All salvagematerials or material-s waiting to be salvaged shall be stored inside a building or visually screened from public right-of-way and adjacent properties as shown hereon. -4. The property shall be maintained at all times in compliance with SARA Title III. 5. All liquid and solid -wastes shall be stored and -removed for final disposal in a manner that protects against surface and groundwater contamination. Specific provisions shall be made to protect against groundwater pollution from spilled hydrocarbon materials. -6. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for Emissions. 7. No permanent disposal of wastes shall be permitted at this site. 8. A spillage retention berm shall be required around any tank battery. The volume retained by the spillage berm should be greater than the volume cf the largest tank inside the berm. 9. The septic system for the proposed shcp facility shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage lisposal Regulations. 10. All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 11. Fugitive dust shall be confined on this site. 12. Maximum permissible noise level shall not exceed the commercial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 891299 USR=B96 Development Standards Page 2 13. Fences used for visual screening shall be maintained in good repair at all times and broken or vandalized materials repaired or replaced with substantially similar kind. The fence shall be solid board fence on the west property line and around the dwelling, all ether fences shall fie chain link with slates of an earth tone color installed. 14. All construction on the property shall be in accordance with the _requirements of the Weld County Building Code Ordinance. 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the -Weld County Zoning Ordinance. 17. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the _office of the Department of Planning Services. 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 891299 ADDITIONAL COMMENTS Gary and Mary Ann Tuten USR-896 The Weld County Health Department, in Its memo dated November 14, 1989, has recommended that groundwater monitoring wells be installed, sampled annually, and _tested for petroleum hydrocarbons. The results of this test would be submitted to the Weld County lealth department for review and to determine the impact on groundwater. The recommendation is submitted for the Planning Commission's consideration. • 8912S9 -PROPOSED STANDARD Prior to the start of the operation and/or locating vehicles on the property, evidence shall be submitted to the Department of Planning Services that the Weld County Health "Department has approved the location and installation of the three recommended groundwater monitoring wells. The water from the three groundwater monitoring wells shall to sampled annually and tested for total petroleum hydrocarbons. -The results from these tests shall be submitted to the Weld County Health Department for review. 891299 LAND-USE APPLICATION SUMMARY SHEET Date: November 28, 1989 CASE NUMBER: USR-896 NAME: Gary and Mary Ann Tuten ADDRESS: 10088 Zenobia Court, Westminster, CO 80030 REQUEST: A Site Specific Development Plan and a Special Review Permit for a vehicle sales and salvage operation in the I-3 (Industrial) zone district LEGAL DESCRIPTION: Part of the Si NW} of Section 20, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: South of Weld County Road 8; east of and adjacent to Weld County Road 27 (old U.S. Highway 85) - 2732 Weld County Road 27 SIZE OF PARCEL: 3.358 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department, Weld County Engineering Department, and the Fort Lupton Planning Commission Referral responses have not been received from Colorado Division of Water Resources, Colorado Highway Department, and West Adams Soil Conservation District No objections have been received by the Department of Planning Services' staff from surrounding property owners. 891299 •: :ja • ; o,.. ;;p y - I • 1\5'i , • ...• _ \\ +, , I . �r a �i �/ �I , ' \ N. _ h , . J �� • l x, �, r vu_ AA •u I• • to n to • x. ll- ,2 v. I _�"___��—• _ 'r. , u d' `; ;:1.r r. ,\i 5 r. i 1 . 1r r, z r. r6 I6 r• ro ••r i 1\ rrij eg 1 . : � _, • �• rtc1 I __ , i ' F a j_ rY " • ) •Cilt--- ---' ,< I 1, g i✓ „ (la I p • e• //�•+� oL�� •r,' (�V�r\.I/' [• -'� 5C�'- J'> .• • r•I r. _-1J,A ,f •\ 2.2.. ....... • • ,,/ 1 ,�J { -y�7\/ 'mss- ��. ,�0''li—'� '�: :•�K^/( ', .` •,�C ,}' ,. . 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'�r, ~,.� , I \ •�i'-.rte " ,�'\•1.%� 1 1• 1- J •a5• t •\' c. -- -t O 1 ' :• t4 ( I I ) rf.-fl i \ 1-• - -/ � i , „ •• i m ) ,C R.66W {R.65`4 e • C 0 U N T_ Y 891299 ":4 ;30 ".1 o ) \ it-i , r _ ...-}A 18 • 17- ,� 16 'N.„. i I^ .. ;_,,„ , ,, 1_±,„, 1 1.,::: (XS „/. \ '" ., , s Th, \\ , .. ,_,.. a\,___1Nic 8 .o • v.is HM12\ c vvy' . 1938 ./ V I' 29:0 i 0 1 n w n,,,a • d.0 teSj I'UWIII9 p ��..1 '\\ ::,,ry 19 Li 20 /21, �� 4 ,5 soo Independence,School , -� � � 500/ ;:v.,c- _ate 4950 t\. o sdss o. ,�'- windm,I 65037? a � / __ o� .• , I w 30 0 29 \ 2 SJ 28 A 1 N _ 6 c r -d2.9 / 6F .91/ • -nnV _- SJ O 1, -/ t, _ � 99 _L ( 311\- �s :t��` —r 32..-' �/ 5o,/ _ . \33 eCt3 a43 I . • 062 c ^CC H n 064) C085) . C O9 1'.' _ , I .. - V �z � . il ` / r ti.t V `r 'r w 033 t -- _• F I ' •�Fj -st -:" --- lis 4 ••.-0..._....._ tev ai :dy _ • 1, x.2O Is .-- °es ^ • ` ' I ® , '...s ter; '' e v $ 1 v. .r - r 891299 • R' ' //\cif L_ //Y1Jl — 9`. ._ . . REFERRAL LIST NAME: Gary and Mary Ann Tuten CASE NUMBER: USR-896 REFERRALS SENT: November 1, 1989 REFERRALS TO BE RECEIVED BY: November 15, 1989 COUNTY TOWNS and CITIES Attorney Ault V R Health Department _,___Ault Brighton Extension Service Dacono 7 X Emergency Management Office +_Eaton Sheriff's Office _Erie VX Engineering _Evans _Housing Authority Firestone _Airport Authority vV — XFort Lupton Building Inspection _Frederick ` ____Garden City STATE _Gilcrest X Division of Water Resources _Greeley _Geological Survey _Grover _Department of Health _Hudson X Highway Department _Johnstown Historical Society _Keenesburg _ _z___Water Conservation Board ____Kersey ✓ X Oil and Gas Conservation Commission _La Salle Lochbuie FIRE DISTRICTS Longmont _ _Ault F-1 _Mead Berthoud F-2 Milliken _ _ _Brighton F-3 _New Raymer _Dacono F-19 _Nunn Eaton F-4 _Platteville vX Fort Lupton F-5 ____Severance Galeton F-6 _Windsor Hudson 1,-7 _ Johnstown F-8 COUNTIES _ La Salle F-9 _Adams _Longmont F-l0 _Boulder _Milliken F-I1 _Larimer _Nunn F-12 Pawnee _ Platteville F-I3 FEDERAL GOVERNMENT AGENCIES _ Platte Valley F-14 US Army Corp of Engineers _ _ Poudre Valley F-15 USDA-APHIS Veterinary Service Raymer Federal Aviation Administration Southeast Weld F-16 Federal Communication Commission _ _ Windsor/Severance F-17 _ Wiggins F-18 _ Western Rills F-20 SOIL CONSERVATION DISTRICTS ____Brighton OTHER _Fort Collins Central Colo. Water Conservancy Dist. _Greeley _ Panhandle Eastern Pipe Line Co. , Longmont __ Tri-Area Planning Commission fr X West Adams COMMISSION/BOARD MEMBER v X Bun Halldorson 891299 FIELD CHECK /�J Filing Number: USR-896 Date of Inspection: // //?1 8 Applicant's Name: Gary and Mary Ann Tuten // Request: A Site Specific Development Plan snd a Special Review Permit for a vehicle sales and salvage operation in th 1-3 (Industrial) zone district Legal Description: Part of the Si NW} of Section 20, TIN, R66W of the 6th P.M. , Weld County, Colorado Location: South of Weld County Road 8; east of and adjacent to Weld County Road 27 (old U.S. Highway 85) Land Use: N / ALL/S(/4 TO4 OIL F/EL D ,x-727/CET Ks9,QD ( Ad,n-T.P/.96 E rff0 e,QOPL-47\/D (44 6VED P/67-0S PEE-GILD? (/CATTLE ) w eaL 7v re-- C', agL.4n/O GLOWED P/CO) Zoning: N I-3 (Industrial) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: p IT /4g/EA-E..3" %f417 %%4E /0 o,dIL 9 USE I/1/OOLi.) /4/ v/rA/ 7i Sd�'eadn!,>//✓GT Jse No 72-1-A/6 Y Pet-Zee/ ve0 0efsc T/o/v,4&z.c • Signature of Board hember 1\ ` J 991299 7:017 1%.---.;c• • --- -- _ , r DEPARTMENT OF PLANNING SERVICES W ( (L •� • - _' I PHONE(303)356-4000,EXT.4400 4,IL !� i i s 915 10th STREET WilliI ' "' I , GREELEY,COLORADO 80631 lc f1_, i 'i °':c 'p, e:1..; ;r ...:.,a::c:;,. CASE NUMBER USR-896 COLORADO November 1, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Gary and Mary Ann Tuten for a Site Specific Development Plan and a Special Review Permit for a vehicle sales and salvage operation in the 1-3 (Industrial) zone district. The parcel of land is described as part of the Si NW} of Section 20, T1N, R661 of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 8; east of and adjacent to Weld County Road 27 (old U.S. Highway 85) . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 15, 1989, so that we may give tull consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. „� - ;.. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3.X.XY We have reviewed the request and find no conflicts with our interests. as long as the screening and landscaping requirements presented on the site plan are met. 4. A formal recommendation is under consideration and will be submitted to you prior to: Pease refer to the enclosed letter. Signed _ J ", ! , ' c /(t ,, .i) Agency: for Fort Lupton' s Planning & :ening Commiss Date: November 16 , 1989 591299 Atatt{li �, � , ��• Weld County Planning November 14, 1989 '�' To Date Environmental Protection Services COLORADO From 1/4•U24 Case Number: USR-896 Name: Tuten, Gary & Mary Subject: Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, gasoline and diesel fuel, treatments, gear oil, battery acid, anti-freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. Specific provision shall be made to protect against groundwater pollution from spilled hydrocarbon materials . 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for Emissions . 3 . No permanent disposal of wastes shall be permitted at this site . 4. A spillage retention berm shall be required around any tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. 5. The septic system for the proposed facility is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations . 6 . All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris , and other potential nuisance conditions. 7. Fugitive dust must be confined on this site. $. Maximum permissible noise level shall not exceed the commercial limit of 70db(A) , as measured according to 25-12-102, Colorado Revised Statues . Staff recomends that three ground water monitoring wells be installed at the site to evaluate impact on the shallow groundwater table. The groundwater shall be sampled annually and tested for total petroleum hydrocarbons. The results shall be submitted to [he Weld County Health Department for review. _ _ _____ U I ' In - ,;i[W1 o1 WP305/cs ��fi NOV 2 J 1489 d J. Neil Ca Ma aatZlot CITY OF BRIGHTON Keith A. Schuett r �"2L LE.„_ Gar Current Planner �� 2 Department of Planning Services I 1959 Weld County, Colorado �--?hi915 10th Street �� Greeley, Colorado 80631 ° c . Sr3'WtI:z L7miSC;u;; Dear Mr. Schuett: On November 14 , 1989 the Planning Commission of the City of Brighton reviewed Mr. Gary Tuten's application for the Special Review Permit before the Weld County Planning Commission and Board of County Commissioners. Our Planning Commission reacted favorably to the proposal and Mr. Tuten's willingness to work the surrounding jurisdictions in order to arrive at an acceptable product for all involved. They did make the following recommendations: 1) That a "Plan of Operations" be negotiated between Mr. Tuten and Weld County which would make clear management responsibilities and would "run with the land. " The Planning Commission suggested that the following elements be addressed in such a plan: a. That a "voluntary" maximum number of vehicles be allowed on site which are awaiting dismantling. b. That there be no visible car parts, cabs or chassis visible from the street. This may require additional opaque fence to be built. c. The plan should address the proper disposal of engine oil, transmission fluid, and coolant. d. Hours of operation. 2) The site plan should be revised to indicate a more detailed landscape plan which illustrates the number and type of materials, and the method of irrigation. The plan should also incorporate more details concerning signs and illumination. 891299 E2 South 4th Avenue - Brighton, Colorado 50601 - [303) 659-4050 I hope these suggestions by the Planning Commission assist you in your review of the _project. The Planning Commission sends their regards and wishes Mr. -Tuten the best of luck in his business. Sincerely, z..-- p- / Jim Sayre City Planner 891299 November 3 , 1339 Mr . Keitn A . Schuett ei ,: ,bun- , _c oraoo Debetment of r . and oe5 4 rvi^ti ___—_T J Ut l rdn1�-i"i �]`1sy/iti Grc ey , 305 31 J -, ''dOU 1 3 1989 RE: Case .Number : USR-33 Gary S Mary Ann Tuten t e r. ':9211f Cp. ?I; i i y oi.r.ni ni. Dear Mr . SChuett : Soils in this area are su'bect to cut:an:;s caving wnen cdifly srla : ow e 'icavations . Sat ety mould De acnered to wnen it is necessary to wore; near a -outban., . These soils also nave a snr : ni•,-swell potent- lei and nave low soil strength . 6uil d- ings snould be deslgnea ror these soli problems . Frost action colu d also be a problem for roads and parking lots. Slow percolation is a problem in one soil and this shouic be consloerec in the oesign of a septic tan r; leacr. fieic . The application states treat tne area ail ; be laneacapec wit-i trees , grass anc shrubs . ✓ve woui7 i . e to know the species of eacn to be piantec . Ail ianc s'.coic be hart surfacec , gra veined or seeCea to acabte: grasses to prevent potential er05 on . ,re would also iir.e to ,now if the Iancscaped area will be irrigates . Accorcing to the :mbor-ant ar-n : ans :'!a; for Acid County . Co oraco , this is Prime Farmiand . :Ac•[.crt rg to the pia „ ?la= , -:. _ _ s aretention porno o _ te : proper 'pro:ertv . However . :,he : , at cc= 3 70 - snow now water w • • , get 7 :o : .e pcnc or . n -:ere . s an o _ tet . Sincerely , ?57 gotCli, L�.oar : of SJperv . s 891299 flEmORRflDU1 v1/45w To Keith Schuett, Planning Date � November 6, 1989 i COLORADO From Donald Carroll, Administrative Manager ,t-"/ subject: Gary and Mary Ann Tuten, USR-896 We would like to review the retention pond calculations for size. DC/mw:prtuten xc: Commissioner Lacy Planning Referral File - Tuten, USR-896 < NOV ` 7 1989 Well CO. Ptanntni 6artnts: t 891299 �yY S1Y ` I DEPARTMENT OF PLANNING SERVICES 17-: • Ed Herring It Office of Energency Management • CASE NUMBER USR-896 COLORADO November 1, 1989 TO WHOM IT MAY CONCERN: • Enclosed is an application from Gary and Mary Ann Tuten for a Site Specific Development Plan and a Special Review Permit for a vehicle sales and salvage operation in the I-3 (Industrial) zone district. The parcel of land is described as part of the Si NS;} of Section 20, TIN, R66G' of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 8; east of and adjacent to Weld County Road 27 (old U.S. Highway 85) . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 15, 1589, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. r We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: (- Agency: Date: 331299 7i ' * - - J . DEPARTMENT OF PLANNING SERVICES PHONE(303)356-40O0,EXT.4400 il . . ' 915 10th STREET L GREELEY,COLORADO 80631 • CASE NUMBER USR-896 COLORADO November 1, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Gary and Mary Ann Tuten for a Site Specific Development Plan and a Special Review Permit for a vehicle sales and salvage operation in the 1-3 (Industrial) zone district. The parcel of land is described as part of the Si NT:? of Section 20, TIN, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 8; east of and adjacent to Weld County Road 27 (old U.S. Highway 85) . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideratiwn of your recommendation. Please reply by November 15, 1989, so that we may give tull consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: • Agency: - Date: 391299 • DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET IREELEY,COLORADO 80631 Co CASE NUM&#R,�UB Q0w -� COLORADO r ..L--..L. !•;3\/ 0 3 19d) November 1, 1989 OL O.Oft&CA C•N8.00MM. TO WHOM IT MAY CONCERN: Enclosed is an application from Cary and Mary Ann Tuten for a Site Specific Development Plan and a Special Review Permit for a vehicle sales and salvage operation in the I-3 (Industrial) zone district. The parcel of land is described as part of the Si NW} of Section 20, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this -application has been submitted is south of Weld County Road 8; east of and -adjacent to Weld County Road 27 (old U.S. Highway 85) . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. -Please reply by November 15, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. 1,// We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be 'submitted to you prior to: 5. V P-e se refer to the enclosed letter. Signed: 4 /� Agency: (1 ,i + CAS l c'�5 CL.c'1 /n Date: i N, , Y;1 691299 DEPARTMENT OF PLANNING SERVICES ,.. _ PHONE(303)356-4000,EXT.4400 91510th STREET r GREELEY,COLORADO 80631 VII ID cc CASE NUMBER USR-896 COLORADO November 1, 1989 SO WHOM IT MAY CONCERN: Enclosed is an application from Gary and Mary Ann Tuten for a Site Specific Development Plan and a Special Review Permit for a vehicle sales and salvage operation in the I-3 (Industrial) zone district. The parcel of land is described as part of the Si NW; of Section 20, TIN, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 8; east of and adjacent to Weld County Road 27 (old U.S. Highway 85) . This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 15, 1989, so that we may give full consideration to your recommendation. Please call Keith A. Schuett, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it -does/does not) comply with our Comprehensive Plan for the following reasons. 2. Wt do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: S. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 3. Pleas a refer to the enclosed 1 er. l Signed: tyct � ��L( ZGviG✓� Agency:L-7,1V -p��k�l� {(2itittil Date: 7/ /7,7 G' Q i tze;JL/fG 2.-t% L 891299 MAILING LIST Gary and Mary Ann Tuten USR-896 Western Food Products P.O. Box 1524 Hutchinson, KS 67501 Amoco Security Life Building Denver, CO 80202 JMF Cattle Company and Grant Brothers 515 Kimbark Street Longmont, CO 60502 El Sol Oil Company HC12 Box 298 Rockford Bay Coeur D'Alene, ID 83814 Halliburton Company T.O. Drawer 1431 Turman, OK 73536 Gerald A. Adams, James L. Adams Wayne H. Aaams, and Shirley A. Gray -RFD 3, Box 26 Goodland, KS 67735 891299 1 rs • DEPARTMENT OF PLANNING SERVICES \ PHONE(303)3.56-4000,EXT.4400 'D 915 10th STREET WI G REELEY,COLORADO 80631 C COLORADO November 1, 1989 Gary and Mary Ann Tuten 10088 tenobia Court -Westminster, CO -80030 _Subject: USR-896 - Request for a Site Specific Development Plan and a Special Review Permit for a vehicle sales and salvage operation in the I-3 (Industrial) zone district on a parcel of land described as part of the Si NW{ of Section 20, TIN, R66W of the 6th P.M. , Weld County, Colorado Dear Mr. and Mrs. Tuten: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, December 5, 1989, at 1 :30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, l:olorcdo. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature tc any town cr municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to both the Fort Lupton and Brighton Planning Commissions for review and comments. Please call Dave Yamata, City of Fort Lupton at 356-9225 and Jim Sayre, City of Brighton at 654-1638 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at both Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. 891299 Gary and Mary Ann Tuten November 1, 1989 Page 2 It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to November 23, 1989, you or a representative should call me to obtain a sign to be posted on the site no later than November 25, 1989. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. It you have any questions concerning this matter, please feel free to call me. Respectfully, _Current Planner KAS:rjg • 891299 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Lase Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: Part of the south one-half of the LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: nw corner Section 20 T 1 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) 2732 Weld County Road 27, Ft. Lupton, CO PRESENT ZONE 1-3 OVERLAY ZONES TOTAL ACREAGE 3.358 acres -PROPOSED LAND USE vehicle service center, new/used parts sales and used vehicle sale EXISTING LAND USE unoccupied SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: (Contingent of approval of Weld County special review) Name: Gary and Mary Ann Tuten Address: 10088 Zenobia Ct. City Westminster Zip 80030 Home Telephone 11 421-9609 Business Telephone if 761-5702 Current Name: Dean J. and Kathleen Chambers )wners) Address: 2385.5 E /.56 AVE V City g jWntpa CO. Zip 9060/ Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Address: City 2ip Home Telephone 1l Business Telephone (- List the owner(s). and/or lessees of mineral rights on or under the subject properties of record. Name: Western Food Product Company Address: Box 1524 City Hutchinson, KS Zip 67501 Name: Amoco Prod. Co. Address: Security Life Building City Denver, CO Zip 80202 T hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. _COUNTY OF WELD ) STATE OF COLORADO ) Signature: J acrne or Authorized Agent ciARfr Subscribed and sworn to before me this 3 — day of ?> c '•1 0 , 19 Vi . N . NOTARY PUBLIC U r,^c My commission expires 891299 October 31 , 1989 Weld County Planning Commission Board of County Commissioners To Whom It May Concern: Let this letter _serve as a request to the Board of County Commissioners for pre-advertising for application submitted by Gary and Mary Ann Tuten, in order that their case may be heard on December 13, 1989. i i // �i r Gary Tutn Mary Ann Tuten 891299 USE BY SPECIAL REVIEW APPLICATION Detailed Description of Proposed Operation - - The proposed use of this property is two-fold. First, we propose a business consisting of a vehicle service center with new and used vehicle parts sales; also used vehicle sales. This will be a small business with the main employees being the owner and his wife. The business will be for income for the owners, but equally important the business will be an opportunity to become involved in the community and hopefully be an asset to Brighton and Ft. Lupton areas. -Secondly, the use of this property will be used as Tesidence of the owners as caretakers. Therefore, pride will be taken to maintain and beautify the property. There will be a mobile or modular home built on the property for caretaker's residence and upon completion of this home, the older home will be dismantled & will also add to the appearance of the property. We also plan to landscape this area that would befit a home and would greatly enhance the neighborhood. - Vehicle service center will cater to pick-ups and light industrial vehicles. Will be able to supply and service agricultural and light industrial community in which property is located. - 'The existing uses on surrounding properties include agricultural, industrial, and feeder lot-cattle company. - The distance of the proposed use to residential structures in each direction is approximately 100 yards to the west, in excess of 1/2 mile in other directions. - The maximum number of users, patrons, members,a nd buyers are not expected to exceed 20 per day. Wholesale customers will be delivered to; retail sales will consist of walk-in trade. - The number of employees will be approximately two (2) to three (3) . There will be one (1) shift with the hours of operation of 8-5 Monday through Friday and 8-12 on Saturday. - Well water will be used at this location as water source. Applicant has applied for late registration of existing well. See attached registration executed by water commissioner. - The Existing access routes will be used to service this facility. These access routes are off old Highway 85 or Weld County Road 27. - Vehicular traffic associated with proposed use will consist of 1—ton tow trucks bringing wrecked vehicles, delivery pickups, and customer vehicles. - Septic system to be used at the facility designed and shown on the site map by Freeze -Engineering. - This facility will comply with fire district requirements. - No animals will be on the Use by Special Review area, with the exception 9f household pets and possible guard dogs in the future. - After the dismantling and inventory of parts from cars, any scrap or non-useable items will be sold as scrap or hauled off property. Scrap will be contained in roll-offs and emptied when full. 891299 — Water retention facility has been designed by and shown on site plan map by Freeze Engineering. - Any scrap and debris will be put into individual dumpsters and will be hauled off the property in a weekly schedule, or when dumpsters are full. - Weld County Road 27 frontage will be landscaped with trees, grass, shrubs and solid fencing to ensure no soil erision to comply with screening of I-3 zoning. Fences, landscaping, and buildings will be constructed before startup of sales and service. To ensure proper landscaping, planting will be done in the recommended spring plant season. Estimated time of construction is six (6) -months from date of approval. - In the event this business would cease, and not resold as a business, process for reclamation would consist of selling all inventory and scrap. SUPPORTING WRITTEN MATERIALS - This property is zoned I-3. Weld County zoning ordinance indicates I-3 zoning area is consistent with this proposed use. — The district consists of industrial, agricultural, and cattle company. Our proposed use is consistent with the intent of the district. — This property is currently zoned I-3, not agricultural, therefore proposed use will not affect or remove prime agricultural ground. - Our plans of landscaping will enhance the appearance of the area. Our intentions are not that of a "junk yard". Dismantling and inventory of vehicles and parts for sale, categorized by make, model, and year and will be organized in the new concept of "used vehicle parts sales" will enhance this land use. - The surrounding land uses are agricultural, industrial, and cattle company-feeder lot. Proposed land use will be of service to all sourrounding properties. - Use of this property will serve entire community. - Our proposed use of the I-3 property will accommodate new business which come into the area. - According to Weld County records, this property is not in flood plain, geologic hazard and Weld County Airport overlay district area and complies with section fifty (50) overlay district regulations. — Applicant has applied for late registration of existing well. See attached registration executed by water commissioner. - Applicant has submitted sales agreement for this property, which is contingent on the approval of this application. (See attached sales agreement. ) - Applicant agrees to comply with Weld County noise standards. - Soil report is indicated on Site Plan Map. 891299 aws,� STATE OF COLORADO For Office ra. thee v 10/19 OFFICE OF THE STA- ENGINEER I PE T NUMBER ale Comore Bbp., 13131A...st, Dow, Color.do 19103 (3Rt)111.1'11 FOR INSTRUCTIONS SEE REVERSE SIDE REGISTRATION OF EXISTING WELL 1. WELL OWNER NAME(S) (Sr'/4l K x / ri t?n/ Mailing Address /0 e (F Zc„/c, gin el,- City, St. Zip W''esick! /NS?tc., Co P-0-03 a Phone (3O.3) .ce a / — P 6 o 9 - 76 /-s 9 0,2 2. WELL LOCATION: COUNTY /rltC OWNER'S WELL DESIGNATION .De me.9 le (Ada.b) (CaY) (/m) @p) S W 1/4 stn./VW 1/4, Sec. A O Thep. / nn El N. a❑S., Range o, (o ❑ E a X 1 W, (� ' P.M Distances from Section Lines /4400 FL from Wt N. or ❑ S. Line, S- Ft. from ❑ E. Of N W. Line. 3. The well has historically been used for the following purpose(s): _n o /y1 e c,+ r• 4. Water from the well was first used beneficially by the original owner for the above described purpose(s) on 47n/ kii.to to n/ 19 S. The total depth of this well is 2/NAnin„l nl faet 6. The pumping rate is IS gallons per minute. 7. The average annual amount of water diverted is 1,,vka'c 0/v n/ acre feet.8. The land area of home lawn and garden irrigated from this well is:/,5;a2S4 6 O 7�L� Acre or Square feet, A// 1- O/'f• P A ¢t o F -/-k e S. !T" �"`e+M .ULai ,I r( )5 a c t. D ,v - described as: Tm,✓a 4,,c / n/oee Y A /err Ngr c c. s r- e f r-h e G. Pin (Lagoa D.vrpoo.) or as Subdivision Lot(s) Block Filing/Unit I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 244-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a Class 1 misdemeanor.) 9. Name/rrtle (Pls typo Of pont) (gn Date S G�Ry , —Cite /0 FOR OFFICE_ E ONLY Stab Engineer 1r Du. Court Case No. Div. Co. WD $asin MD Use 891299 COMMERCI/ CONTRACT TO BUY AND SELL 'AL ESTATE (Remedies include Specific Performance) The printed portions of this form approved by the Colorado Reel Estate Commission(SC 23-2-81) THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL. TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. I.The undersigned agent hereby acknowledges having received from auk , �( 19 L the sum of$— u o-a o-r� in the form eS aierf,ac to be held by 7yf_0,2c-e-4-1-1 ��Q._.. trustee account.as earn t oney and part payment for the following described real estate in the broker, in broker's escrow or County of U.1.J._O�-a� ,Colorado, to wit: Qom/ p 7 G2 ' 0-sr together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of a permanent nature currently o the the premises as as her�rovided,in their present condition,ordinary wear and tear excepted,known as No. d 7 307 G Le a The signed person(s) f-q/Lcr ,� - -- YN t •-e _hereinafter known as the Property. eadta as Joint tenenisltenents In common), hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property uponthe terms and conditions stated herein. 3.The purchase price shall be U.S.$ / c.?, `r o D $ �5 .-et_-tn , ern ,payable as fellows: _ hereby receipted for; . 6-L CS!.-�� et--Y G'—( aso c JCIC l �'e'-r etc-, C. N!p // Est Ld�tLIr !!�// t t�G�L-424-.� �/ / �-�ti!f2cta.rVs,.J� f/� yJ `sill? Q ,.-L1 —, "4J .o-C-c_cc i / o / a g �J-te�T iC ez e-it o2 cc o 4. Price to include the following personal property: qze to be conveyed by bill of sale at time of closing in their present condition, free and clear of all personal property taxes, lions and encumbrances, except: 4," srecc ` U vv and except any personal property liens in any encumbrance specified in paragraph 11.The following fixtures of a permanent nature are excluded from this sale: 5.If a new loan is to be obtained by Purchaser from a third party.Purchaser agrees to promptly and diligently(a)apply for such loan,lb)execute all _documents and furnish all informatiop.and doouume,required by the lender,and(cJ pay the customary costs of obtaining such loan.Then if such loan is not approved on or before - 7, 19 a' or if so approved hut is not available at time of closing, this contract shall be null and void and all payments end things of value received hereunder shall be returned to Purchaser. 6. If a note and trust deed or mortgage is to be as timed.Purchaser agrees to apply for a loan assumption if required and agrees pay I t)n loan transfer fee not to exceed$ and(2)an interest rate not to exceed /�� /7jl per annum. If the loan to be assumed has provisions for a shared equity or variable interest rates or variable payments, this contract is conditioned upon the-Purchaser reviewing and consenting to such provisions.If the lender's consent to a loan assumption is required•this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 7. If e note is to be made payable to Seller es partial or full payment of the purchase price. this contract shall not be assignable by Purchaser without written consent of Seller. ( � Ti.Cost of any appraisal for loan purposes to be obtained after this date shall be paid by -9.An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an amount s equal to the pnrchn se price, et Seller's option and expense• shall be furnished to Purchaser on or before °_2O f Seller elects lu furnish said title Insurance commitment. Seller will deliver the title insurance policy to Purchaser after closing noel pay the pr premuim thereon. 10.The dale of closing shell 4e The date or delivery of(let&as provid rf in paragraph 11.The hour end place of closing shell be as designated by 1 I. Title shall be merchantable in Seller,exc pt as stated in this paragrapt and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof.Seller shall execute and deliver a good and sufficient 7.r_,C1.2 warranty deed to Purchaser on Q Gg-- t _9 . 19 7, or, by mutual agreement• no earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except _,,tYQ free and clear of all Rens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;free and clear of A3R liens and encumbrances except 891299 © Copyright 1981, Copies,Ltd. SC 23-12-81 Page 1 of 2 except the following restrictive covenants wh' to not contain a right of reverter: / and except the following specific recorded andlor apparent easements: Qc'--[5 -yL�� c�_�_J1 and subject to building and zoning regulations. 12.Except as stated in paragraphs I t and 13,if title is not merchantable and written notice of defects)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing,Seller shall use reasonable effort to correct said defeclist prior to date of closing. If Seller is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the dete of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13,if title is not rendered merchantable es provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all ohligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however. et the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall he released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing. based on the most recent levy and the most recent assessment, prepaid rents,water�pnls,sewer rents. FBA mortgage insurance premiums and interest on encumhrnnces,if any,end ��'*--�3 '`_f�`�CJ/ shall be apportioned to date of delivery of deed. Purchaser shall be retble for any sales and tax t may accrue because of this transaction. 15.Possession of the Property shall be delivered to Purchaser on ''"-? )s !� C r� subject to the following leases or tenancies: 4,---)...n ,1`n,j` �L�f \�,/�;�/ -7 If Seller fails to deliver possession on the date herein specified. Seller shall be subject to eviction and shall be liable for a daily rental of 5_ .__-S C15_1___CT-Cx until possession is delivered. 16. In the event the Property shall be damaged by fire or other casualty prior to time of closing,in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Purchaser end all payments and things of value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage,not exceeding,however,the total purchase price. Should any fixtures or services fail between the date of this contract and the date of possession or the date of delivery deed, whichever shall be earlier.then Seller shall be liable for the repair or replacement of such fixtures or services with a unit of similar size.age and quality,or en equivalent credit. 17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (bp IF PURCHASER IS IN DEFAULT, (1)Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract ns being in full force and effect and Seller shall have the right to en action for specific performance or damages.or both. (r) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 18.Purchaser and Seller agree that in the event of any controversy regarding the earnest money held by broker,unless mutual written instruction is received by broker,broker shall not be required to take any action,but may await any proceeding,or at broker's option and discretion.may interplead any moneys or things of value into the court and may recover court costs end reasonable attorneys' fees. 19. Additional provisions. CeEe� ,4- 8-i.„ f..�- ,.tt cox J frit— —g wee acS o. w.:zt',-.,-t..= v a �� a--c. �. �F' c°�-, � .. — 4.-f."'"Th5 n zcJ —F_,(L_ a-eie�n / // 2c<_e7 r-c-c �/ • 20.If this proposal is accepted by Seller In writing and Purchaser receives notice of such acceptance on or before ' 19 OA. 7,this instrument shall become a contract between Seller end Purchaser and shell inure to the benefit of the heirs,successors and assigns of such partie ocept as stated in paragr7, aph 7. Pure serx ' Broker '2.2/4.--4.---C-0 /t 4 17' ,- / Data Purchaser G Dale By: t—ZC —CF Purchaser's Address • (The following section to be completed by Seller and Listing Agent) 21.Seller accepts the above proposal this day of . 19_,and agrees to pay a commission of % of the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be dividedxbetween listing broker and Seller,one-half thereof to said broker, but not to exceed the commission, and the balance to Seller. Seller • Seller Seller's Address Listing Broker's Name and Addrgr l.,j- ' t n ..1.: - '-"` /('� Y,;_ . �,{" © Copyright 1981, Copies, Ltd Sr 2342-81 Page 2 of 2 ILEI{CUI{Y REALTY, f"" • 1020 1ittinc:; BRIGHTON. CO 80601 THIS IS a((SAL INSTNUNINT.II NOT UNOENSMOO.LEIAL,till ON OTHER COUNSEL SNOUl0 Ill COMM BEFORE slums. • COUNTERPROPOSAL RE: Proposed contract for the purchase of property described as: Lengthy see attached. , • • also known as number 9712 Weld County Road 27 Fort Layton, Co. 80621 1 , situated In the County ol Weld .Colorado,dated cnptamhnr 7 , 19 89 between Wean J. and Kathleen Chambers Seller, and l ary I anti Mary Ann Tilton Purchaser. The undersigned Seiler ecceptssaidtjproposed contract,subject to the following amendments: isket x O - an,' 4 bpi 0Z7-6, ti 1. Purchase prgice shall be , earnest money to be $1 ,000.00 . 2. Lender to be determined and loan application to be taken within 7 business days from acceptance of contract. Lender shall provide letter showing loan application • has been taken and interest rate can be obtained at 10% or less. • 3. Purchaser shall pay for the appraisal. /1/ �.c e_-42 zso, co ' AU ' 4. Any costs that may be incured pertaining to the site plan review shall be paid by the purchaser. 5. Seller to provide purchaser with a bacterialogical water test accepeptable to Weld County Health Department, provide proof that the septic has been pumped within the last year and a septic system inspection by Weld County Health Department. These lists shall be done. upon removal of site plan contingency and loan approval rather than with,iin,30 ays. If .Lender requires G.P.M. flo-test it shall be at purchasers expense.-(a ..' -Sc. firttn„ay�i2 1.5 t� �y\ /)/mot 6. There are no sub-division covenen-t� iSn"the pl`o ern y coveneuts apply. 7. Possession of the property excluding the house shall be upon delivery of deed. The -renters shall be able to retain occupancy of the home and pay rent to the purchaser for a period of two weeks after closing. The rental money of $400.00 per month shall be pro-rated to the date of delivery of- deed. $200.00 damage deposit to be transfered to the purchaser from seller at closing. • 8. See addendums # 1 and 2 9. If any lender shall delay performance by either purchaser or seller, or if there is a delay on the site plan review, the loan approval date in paragraph 5 and the closing dat in paragraph 11 shall once be extended for 12 business days. .1:4- ti•z ;; %`/ -ist,, --+..,•-lY=c2..i. ,� (y. ,a..g. piz Eden. a..4<otiz ic..-e/ MI other terms andtondilipns shall remain the same.If lHisggOunlp4 'f"J ‘cry,/I-- other terms s noticeoafucnaccepremain the before Sept. op;s 'sacceptedb Pvcha�eytdsnncedby user's signature hereon,and if �tereby.s I ecome contract between the nettles. 11 ,19 nY ,the said proposed contract,as amended • - lief ?kt.�. �t .an /C c. 1�1,�J1 l l/''!Il7�.�/J�i2.�l the for g/oing`rcounterproposal is accepted this /a t• sl�L: __ dey of r— •mil- rt// --E. i L 6C 4i a _ cur nasar /taut/ >f u C •.� .c e ( ..L.____ Censer (J I this counterproposal is accepted by Purchaser as as aforesaid,Seller agrees to pay listing broker a commission of f/� If the purchase price for services in this transaction,and agrees that,in the event of forfeiture of payments and things of value received ecei ev d hereunder and under said propoeed Contract,such payments and things of value shall be divided between Seller and listing broker,one•hall thereof to said broker,but not to saceed in ommtesion.and the balance to Seller. • ,-/—/-rs....-6C---- Wow //1//��//—� /////��/,yam o /� - • L++L�C ,1�44r 1 '! �/ a-4 / 1 Saner N.B.When this counterproposal rs Used said proposed contract is not to be signed by Seller. L- • / /counterproposal must be securely attached to said proposed contract. ///1�� ,�,, �/p' 4) j"1� G(/tom c '(c--2-72-e--4,-- This /��/ The printed portions of this form. except italicized addrf ions. 7/�Q•"12-(2 '"4 --�l-r•�/ / /, �" !/H_L1 �'� approved by the Colorado deal Estate Commission ICP4O.2111 I •' /,/ (/ > 9 } f r f • 1 t W�F. f .'ICY. ak. G '. . -s YT �v -� y`� S.t:� :r •.:� ., a""` *, > .µ w ' All that part of the Of of the?Mt of Section 20, Township 1 North. s� ;:la ,,,.,".c('-‘,„'"X-4,'" - "`, it.,pep?*2'*2.',+,'y a•' •;- %"„faeet 66 West of the but rat r:described:s follows: - ;r" a ,C k •! i' ,y-".BEGINNING at the Northwest comet. of the 51/4 of the Nth of Section 20: Yt ',..µ v x. > ; �,;. thence South 100 feet; thence Past 492 feet. to vest line of right ' • of w7, of Union Pacific Railway Company; thence North along said right of way 100 feet to North line of Sii of the NMt of Section 20; '3. r thence Vest 492 feet to POINT OT BEGINNING M Tg., ! f .l\ �' �� Y��[ {. �^� ' ` ' Contains approx. "3 39xacres without the Railroad t c. A- • ground. The railroad ground may be leased from The Union Pacific Railway Co. ,, This is the legal description on the property located at 2732 Weld County Road 27, Fort Lupton, Colorado 80621. • 1 'it., '4� a -i * pf 1 •,' '`P$, ,�^ axKi T' 5^' 'µ4 r t- ‘y.:, . `‘'.34 k.: 4. ,'S''km{0 4 `X„" t Wy }`'?C}, , .t ae e " ',-4-1."7„-• --,/,:...--..;, �x`i, ,ter , - esee ✓i-t �+ ark, I •T a4 .1•410,,,, y , .�yq.,,4fi _ F1PF'!�P"- i V 'li,lL.5 +e{E 5R•'P ., :3 _.. m a .:mom. 3xi` ' of „ , ..""Akt $:k: r,ark& r< ‘n +f „„ ,, bYk � n a3 ti ,'z:. u..+w;90 Se, >..n o `t)"+1.:7v'05mY:i CV kek,k.ev.;.c a n h:;G.c ft'^x 45St. . ;•` '.Sri Y..,-`/ .. • y. 891299 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 2732 Weld County Road 27. Ft Lnptnn • CO STATE CF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder' s Office, from an ownership update from a title or abstract company, or an attorney. • 7T,113/4;1., �� `: A Uni\G; r' � F CThe foregoing instrument was subscribed and sworn to before me this y\ 3 — day of C`;c \0 i, . ,. , 19 `Sc-A , By ic, '+ (..v\ WITNESS my hand and official seal. My Commission expires: My Commission Expires Feb. 13, 1993 Notary Public 891299 NAMES OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Mineral Owner Western Food Product Company , Inc. Box 1524 Hutchinston, KS 67501 Lessee Amoco Oil Company Security Life Building Denver, CO 80202 891299 AFFIDAVIT OF INTEREST OWNERS SURFACE -ESTATE Application No. Subject Property 2732 Weld County Road 27. Ft. Lupton. CO SATE OF COLORADO ) -as. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the tames, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. fr t.\ The foregoing instrument was subscribed and sworn to before me this a\ Wt;L��g�my03and and official seal. A-1403pC si•on expires: r Notary 7?ublic 881299 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION li JMF Cattle Company and 147120000033 Grant Brothers 51-5 Kimbark St. , Longmont CO 80502 6247786 147120000029 El Sol Oil Company HC12 Box 298 Rockford Bay, 6247386 Coeur D'Alene, ID 83814 14/120000031 Halliburton Co -P.O. Drawer 1431 , Duncan,OK 73536 6247586 Gerald A. Adams James Z. Adams Wayne H. Adams 147119000034 Shirley A. Gray RFD 3, Box 26, Goodland, KS 67735 -6238986 831299 Hello