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HomeMy WebLinkAbout940177.tiff AR2374 398 RESOLUTION RE: APPROVE VACATION OF RECORDED EXEMPTION NO. 1237 - DENNIS GIBSON AND RIDGE WEST COMMERCIAL CONDOMINIUMS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by resolution on January 31, 1990, the Board did approve Recorded Exemption No. 1237, creating parcels of 1.3 acres and 0.6 acres, more or less, said parcels being described as Lots A and B of the above Recorded Exemption, and WHEREAS, said property is located in part of the NI NE,' of Section 9, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Department of Planning Services staff, as a Condition of Approval of Site Plan Review No. 209, required the vacation of Recorded Exemption No. 1237, and WHEREAS, the Board has received requests from Dennis Gibson, applicant, and Ridge West Commercial Condominiums, owner of Lot B, to vacate said Recorded Exemption No. 1237, which was recorded February 23, 1990, at Book 1256, Reception No. 02206150, in the records of the Weld County Clerk and Recorder, and WHEREAS, after study and review and, having been fully informed, the Board deems it advisable to approve said request for vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Recorded Exemption No. 1237 be, and hereby is, vacated. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D. , 1994. 1 BOARD OF COUNTY COMMISSIONERS ATTEST: 4„ / y, WELD COUNTY, COLORADO Weld COU*r L`1kl_ tr eve Board ,/A I' 1 /I. L itt,-f"-. — t1L W. H. Webster, hairman BY: kp Y Board 4 ) ' Deputy ,to the Board Da . Hall, ro- em APPROVED AS TO FORM: ' - r Georg Baxter / ounty Att rney Constance L. Harbert EXCUSED Barbara J. Kirkmeyer B 1427 REC 02374398 02/18/94 10 : 46 $0 . 00 1/001 F 1400 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO 940177 ,Pt- 1 -) i MEMORAnDU WilkBoard of County Commissioners February 11, 1994 To Date Greg Thompson, Current Planner c,I COLORADO From_ Vacation of RE-1237 Subject: As Condition of Approval #1.c. of SPR-209, the applicant needs to vacate RE-1237. The applicants have submitted a letter requesting the vacation, and the owners of Lot B of RE-1237 have also submitted a letter requesting the vacation. Department of Planning Services' staff recommends approval of this request. 940177 SITE PLAN REVIEW CHECKLIST SITE PLAN REVIEW NAME: Dennis Gibson LEGAL DESCRIPTION: Part of the N2 NE4 of Section 9, TSN, R66W of the 6th P.M. , Weld County, Colorado. YES NO 1. SITE PLAN CERTIFICATION: X 2. PROPOSED USE: Warehouse units, storage, and office space. 3. RETENTION FACILITIES ENGINEERING DEPARTMENT APPROVAL DATE: January 17, 1994 4. OFFSTREET PARKING: See Condition of Approval #l.d. 5. LOADING AREAS: See Condition of Approval #l.e. 6. ACCESS ENGINEERING DEPARTMENT APPROVAL DATE: January 17, 1994 7. SETBACK REQUIREMENTS: 25 feet from right-of-way S. OFFSET REQUIREMENTS: 10 feet from lot line 9. LANDSCAPING: See Condition of Approval #l.b. 10. TRASH COLLECTION AND STORAGE: See Condition of Approval # 1.a. 11. POTABLE WATER: See Condition of Approval 2 12. SEWAGE DISPOSAL: See Conditions of Approval 9 through 14 13. ENVIRONMENTAL STANDARDS NOISE X AIR QUALITY X WATER QUALITY X RADIATION X HEAT X LIGHT X PROPERTY MAINTENANCE X This Site Plan Review is approved with the attached conditions: 1. Prior to the release of building permits: 9401 •i I SITE PLAN REVIEW Dennis Gibson Page 2 a. The trash collection and outside storage areas on-site shall be screened from view from adjacent properties and adjacent road rights-of-way and the plat shall be amended to reflect this screening. b. The application shall be amended to reflect the areas of landscaping for the whole site, and shall total a minimum of 15 percent. c. The applicants shall obtain a resolution vacating RE-1237. d. Enough parking for the proposed uses on the entire site shall be designated on the plat and clearly marked on-site. e. Loading areas for the entire site shall be designated on the plat. f. The plat shall be amended to indicate 75 feet of right-of-way is reserved from the centerline of U.S. Highway 34 Business Route. 2. This site shall be served by the City of Greeley water. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application shall be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous, or odorous air pollutants. Sources of such emissions include, but are not limited to, the following: sandblasting operations, spray paint booths and finishing and refinishing operations. 5. No permanent disposal of wastes shall be permitted at this site. 6. 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 shall be controlled on this site. 8. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A) as measured according to 25-12-102 , Colorado Revised Statutes. 9. Any existing septic system which is not currently permitted through the Weld County Health Department will require an Individual Sewage Disposal System Evaluation prior to the issuance of the required septic permit. 10. Adequate toilet facilities shall be provided for the public. 11. An Individual Sewage Disposal System is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations . 340177 GLEN DROEGEMUELLER, P.C. ATTORNEY AT LAW 822 SEVENTH STREET•SUITE 330•GREELEY,COLORADO 80631 •(303)353-9599•FAX(303)353-9597 February 10, 1994 Hand Delivered Mr. Greg Thompson Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 80631 Dear Greg: Please be advised I represent Dennis Gibson and have reviewed the Site Plan Review Checklist you provided him regarding part of the North Half of the Northeast Quarter of Section 9, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado. One of the conditions of approval is that Mr. Gibson request that Weld County vacate Recorded Exemption No. 1237 regarding the property. Please consider this letter a formal request to the Planning staff to initiate a hearing before the Weld County Commissioners regarding the resolution of that Recorded Exemption No. RE-1237 . Thank you for your anticipated cooperation in this matter. Sincerely, Glen Droegemueller Attorney at Law GD:sjr pc: Dennis Gibson 940177 TFI_ : 1-303-353-9597 Feb 1' 94 11 :41 No .001 P .02 GLEN DROBOEMUEL ER,P.C. ATTORNEY AT LAW 122 SEVENTH STREET•SUIT!330.ORBmASY.COLORADO 80631•(303)353.9199•FAX(303)333-9997 February 11, 1994 Via Facsimile Mr. Greg Thompson Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, CO 80631 Dear Gregs As a follow up to our conversation yesterday, please be advised I also represent the Ridge West Commercial Condominium Association. The Association is the owner of Lot B of Recorded . Exemption No. RE-1237. As you are aware, on February 10, 1994, I provided your office with a letter requesting that Recorded Exemption No. RE-1237 be vacated so my other client, Dennis Gibson, can begin construction of a building which would be on Lot A of the existing recorded exemption. We agreed I would provide you a letter from the Association supporting the vacation of the recorded exemption. As a matter of information, the Board of Directors of the Ridge West Commercial Condominiums supports the vacation of the recorded exemption and has employed me to prepare an amendment to the existing commercial condominium to bring the building Mr. Gibson proposes to build into the Association once that building is completed. Accordingly, please use this letter as a statement of authorization on behalf of the Association to vacate Recorded Exemption No. RE-1237 so Mr. Gibson can be allowed to complete the construction of a building which will be brought into the Ridge West Commercial Condominiums. Thank you for your anticipated cooperation in this matter. Sincerely, Glen Droegohueller Attorney at Law GD:sjr pc: Dennis Gibson Matthew Miller/Ridge West Commercial Condominiums FEB 11 '94 10:43 r-` 1 303 353 9597 PRGE O0� J Hello