The URL can be used to link to this page

Browse Search

Home My WebLink About993109.tiff , 11111r 3N i l I€ a t� { F13 £e o;o ' _ ggs' �I II s�� °�F= : g GcgStug to Oy p °cfi $ 1 € E 2 I _ U�z �' ; e t Eil € € $_ t: iIuII1tii m T— _i , L.1 I, 1 � f i iii {!lfi 1 I Ill 111 l ll ill 'flti li ! 1 r 11!fa ii{t 11 ill I: 10111111 b ..,,. � i � DTI' gill !l, ill { [l i i i ,, aay, g ill 11 u t r, { l ia. � j $ fi III ( i s t „ i t It n ; gill i { I ie ;I 1ltIl i!!' t i ill ill 1 11{ I,l�l l ti 011 (i ill ® • I ill �,'l�i:II,l ilil isl {tii!II:1111lit(� 11111;11il— iR1� 'fttiij!4 ill(llll;ill t ii I ii '[l! ![ Ilf 1 ii,,[t` V iI [ It „iilliiilll lilt lift;lif 1 ill t ll 1111!5„[ !��lj l liljaIl it; Ili !1 ill Hid it If 1{•,'i1 i'il 1 -40 �°$ 1 ,, i i ,,,I II I iii ti ill i{iii it ih, 1111![it<�ii \..Cd ,,,, � Ili!X01 ill iii(!;(#�I��ufl dill I I (!° . l f'I'll i I 'II ;fil 1, I1 {1� liII!! ( ll i ; liil ,; , li.,[ Iiit i,iIal ['i l i i , l iIII, [ lli, '1tf1 6t if II i t . i1' 1l 1 tt 1 `ii'i'I lf'i'i"°Ill tl it 11 Ft` l , !ill{t a {1 i• If!if I;It it fl Il !III; i {.1: it ; -1 �' 1 li t^ alaili at,. lil I II it ;ill i i[{ ,=eiII. , it It $ [ i {ii Ili it f{flfl 1 li 1'i ti 1 til l I Mill i it Ii l„ ,„,,,, " I III� .i ilia f;Ii Milli i't1 it 0011.1 1 P — i ,li,i,a I i , - . . lii ill( 1 r ti ; ! i iii ii it iii [; - Cc, ' gg °'i ° f:i i[lI; ' it i 1„11 ii III,1 N� 8 i y T e i {alai i{;ill ill hid- „,. ilfil, E i11,dill ItIi1111i1i111 n „al. _, 1 t 11O vy _� 06 ki$4 § B M o g a - 1 \llpm fililit iti ; _ _ I I Ili !ill 9. 3 i € 2 I. 1 II = is� 6 a w _ 1 m 1 z 7 •,, / 1- ,- 1^ v I 77 1. .� : g = Mi. S� ' l'-- - \ . use /I t • ---NI11•,, . �ti. e l Iiiliii II g , !IBM ' I'll sf -- fs- W I i , lit t !IBM a pg1!li1 L a00000Bats { 1 i} `{ f — --v— 1 -1 1 1 i+uue�I L++�"I b i I i ! Hifi i i"If _ ----f t t 11I 1171}1 Y11la 13i1 1 L l� I I Li i f i ai�g ��_ pi /i.99-3/O�j SITE PLAN REVIEW Administrative Review COLORADO Case Number. SPR-306 Parcel Number. 1061-22-000012 Applicant: EFH Land Incorporated,do Terry Frydendall Legal Description: S2/S2 of Section 22,T4N,R68W of the 6th P.M.,Weld County,Colorado Zoning: C-4 Zone District Proposed Use: Motorcycle,AN and Bicycle Recreation Facility Site Plan Review Standards Meets the Intent of the Weld County Zoning Ordinance &MUD Plan Site Plan Certification Included in Application YES Retention Facilities See Condition of approval#1.d.,1.e.5) YES Engineering Dept. Approval Date Offstreet Parking See Condition of approval#1.e.3),1.e.18) YES Loading Areas n/a n/a Access See Condition of approval#1.c.,1.e.2) YES Setback Requirements 25 feet YES Offset Requirements 10 feet YES Landscaping See Condition of approval#1.a.1)-1.a.4),1.e.16) YES Trash Collection and See Condition of approval#1.e.6),1.e.7),1.e.8),1.h. YES Storage Potable Water See Condition of approval#1.e.12) YES Sewage Disposal See Condition of approval 1.e.11),1.e.13)A.B.,1.e.14) YES Environment Standards Noise See Condition of approval#1.e.10) YES Air Quality See Condition of approval#1.b.,1.e.4),1.e.9) YES Water Quality See Condition of approval#1.e.12) YES Radiation n/a n/a Heat See Condition of approval#1.e.19) YES • SPR-306,EFH Land Incorporated-Page 1 PL l7X O? -316`) Light See c_.,dition of approval#1.g. YES Property See Condition of approval#1.e.1), 1.e.7), 1.e.8), YES Maintenance 1.e.9), 1.e.15), 1.e.16), 1.h. This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: a. The applicant shall submit a detailed Landscape Plan, for approval by the Department of Planning Services, which shall include the following information: 1) A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services. (Planning) 2) A fencing plan must be submitted to the Department of Planning Services and shall include the location of the fence. The fencing shall be painted green or brown to blend with the landscaping. All outside storage and trash collection areas shall be screened from all adjacent properties and public rights-of-way. (Planning) 3) The landscaping plan shall include the portion of the lot which abuts any public or private street right-of-way for a distance of ten (10)feet, measured at a right angle from the lot line towards the interior of the lot Sidewalks and driveways may pass through the required landscaped areas. (Planning) 4) The applicant shall enter into an Improvements Agreement according to policy regarding Collateral for Improvements and post adequate collateral for onsite improvements requirements. (Planning Department) b. The applicant shall submit evidence of approval to the Department of Planning Services from the Weld County Department of Public Health and Environment of a dust abatement plan. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Department of Public Health and Environment. c. The applicant shall submit evidence to the Department of Planning Services that the Colorado Department of Transportation(CDOT)has granted and approved access from the I-25 frontage road. If volumes are increasing by more than 20%, CDOT will require re- evaluation of the access. The applicant shall submit evidence to the Department of Planning Services that the Town of Berthoud has granted and approved any access from Weld County Road 7, under their jurisdiction. (Public Works) d. The applicant shall submit an adequate drainage plan, to the Department of Public Works, which includes the catching and releasing of water at a historical rate. (Public Works) e. The following notes shall be placed on the plat 1) In accordance with the Weld County Zoning Ordinance, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the commercial or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Planning) SPR-306, EFH Land Incorporated-Page 2 2) Weld Count(' ad 7 is designated on the Weld County Trinortation Plan Map as a local gravel road. This portion of the road has been aL:axed by the Town of Berthoud and they have jurisdiction over any additional access points. (Public Works) 3) The designated parking areas shall be placed on the plat. Sufficient screened, off street,paved parking areas shall be provided in the Commercial Districts to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and Accessory uses. Parking areas shall be in compliance with Section 41.1, Weld County Zoning Ordinance, as amended, for offstreet parking requirements. (Public Works, Planning) 4) A water truck is on site to keep the track damp and reduce dust and erosion of the track and the surrounding area. There is also a water holding tank and loading area on site. If used property,this method of dust suppressant is adequate. If complaints warrant other means of dust suppressant,the applicant shall provide adequate dust control. (Public Works) 5) Water runoff follows existing drainage ways from south to north. The applicant shall place on the plat, culvert pipe crossings, drainage patterns, and how the water will be retained and released at the historical rate and not cause damage to any adjacent property owners. (Public Works) 6) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101,C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Department) 7) No permanent disposal of wastes shall be permitted at this site.(Health Department) 8) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Department) 9) Fugitive dust shall be controlled on this site. (Health Department) 10) The maximum permissible noise level shall not exceed the industrial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes. This standard shall be monitored and enforced only as a result of an adjacent property owner complaint. (Health Department) - 11) In the event the office/food service building is not constructed, adequate toilet facilities shall be provided for patrons of the facility and employees, at a minimum a vault system shall be provided. The system must be designed by a Colorado Registered Professional Engineer. It shall provide a separate unit for both men and women. The number of water closets,lavatories, etc. shall conform to Weld County Department of Public Health and Environment and 1997 Uniform Building Code (UBC) requirements. (Health Department, Building Inspection) 12) The facility shall utilize a community water supply. (Little Thompson Water District). This drinking water shall be available at all times to patrons of the facility. (Health Department) SPR-306, EFH Land Incorporated-Page 3 13) A perman individual sewage disposal system is n ;red for the proposed office/food service building, and shall be installed accoramg to the Weld County Individual Sewage Disposal Regulations. (Health Department) A. The facility may supplement the on-site septic system with ports-potty units for temporary events where the existing system is not sufficient for patrons of the facility. B. The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. 14) The maximum number of people on normal business days are 250 people, (riders and spectators together),with 50 vehicles. (Planning) 15) The maximum number of people for special events is 500 people, (riders and spectators together), with 125 vehicles maximum. If the total number of people exceeds 500, a temporary assemblage permit is required from the Board of County Commissioners. (Planning) 16) Restrooms, parking,and routes shall be handicap accessible and compliant with the UBC and CABO/ANSI A117.1 standards. (Building Inspection) 17) The facility shall comply with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. (Health Department) 18) Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or disease plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Planning) 19) All structures, including signs, (directional and advertising signs)shall require review and building permits prior to commencing construction. (Building Inspection) 20) No parking or staging of vehicles outside of the delineated parking areas is allowed. (Planning) 21) Uses located within the Commercial and Industrial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the lot line more than five(5)degrees Fahrenheit. (Planning) 22) The hours of operation are daylight hours, seven days per week. 23) Overnight camping is permitted during Special Events only and is limited to two nights maximum. e. The applicant shall submit evidence to the Department of Planning Services that final approval has been received from the Berthoud Fire Protection District,as indicated in their referral response dated August 30, 1999. (Berthoud Fire Protection District) f. The applicant shall attempt to address the concems of the Town of Berthoud, as stated in a referral response dated September 13, 1999. Evidence of the attempt shall be submitted to the Department of Planning Services. (Planning) g. The three proposed buildings, the entry gate/fee collection building, restroom building, and office/food building, will require review prior to the release of building permits and construction. (Building Inspection) h. All proposed lighting shall be delineated on the plat and shall maintain compliance with Section 23.2.1.21.6 of the Weld County Zoning Ordinance, as amended. (Planning) SPR-306, EFH Land Incorporated-Page 4 I. The applicant shall amend the plat to show the location of the trash collection area on the site. If the proposed location is inside a building, this information shall be given as an additional note on the plat and the location of the trash dumpster on trash pickup day shall be shown on the plat. If the proposed location is outside of a building, the trash dumpster shall be screened from all adjacent properties and public rights-of-way. (Planning) j. All proposed and existing structures shall be shown on the plat. (Planning) k. The illegal sign must be removed from the property. Any new signs must acquire the appropriate zoning and building permits, if applicable. (Planning) 3. A Site Plan Review Plat shall be prepared after the Site Plan Review application is approved. The plat shall be submitted to the planner and be ready for recording at the Weld County Clerk and Recorder's Office within 30 days of approval. The shall meet all requirements of Section 23.2.1.22 and 23.2.1.23 of the Weld County Zoning Ordinance. The plat shall be no larger than 24"X 36". Site Plan Review conditionally ap �� "' _ / Date: /O// 3/q9 Julie . Chester, Lead Plann SPR-306, EFH Land Incorporated-Page 5 0-7 '►ickt, SITE PLAN REVIEW APPLICATION Application Fee "KT Receipt Number Cf (31 Case Number.5Q 3v Recording Fee Receipt Number Application Checked By \-;.f Planner Assigned to Case C✓ t/ TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature). LEGAL DESCRIPTION OF PROPERTY: S 9./5'2_ Cc 22- ''L (Attach separate sheet if necessary) PARCEL NUMBER: / t^i ) Z IL 0 42 0 U I L- (12 digit number found on Tax I.D. Number or obtained in the Assessor's Office. PROPERTY ADDRESS (if available) 1-1 :it 2 Y0 /''i/ ,.(.e kc a s PRESENT ZONE C- OVERLAY ZONES /1/4n&'c' TOTAL ACREAGE /e 0 PROPOSED USE /4u1J,rcy 19LU 8 c:.1e C .' r"1 c.,"65/ PROPERTY OWNER: Name: EP- H 0Yto'r<! �� Q Address: L/v 91 CY vile S+ > City 00(�y7 /( v" Zip I OZ// Home Telephone 3a' L177 S�S7 Business Telephone APPLICANT OR AUTHORIZED AGENT(if differentthan above): Name: / E'-7 F.-y 4C'v� c1.41) 1 Address: Li S 9) (v.o V t' S�' City Den (/e Zip Co�,(J Home Telephone 3 3 ti 77 -V33 Business Telephone I 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. 6(1.-e/1/)^,1 Signature:,>5wner or Authorized Agent ` 9 SITE PLAN CERTIFICATION I hereby certify that the uses, buildings, and structures located on: S" 2�.� i//&4 2 z.— h/ --4 are (legal description) designed and will be constructed and operated in accordance with the applicable performance standards and district requirements for the T 04 v',/C i l zone district as stated in the Weld County Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. EV'a * Signature Property Own r The foregoing instrument was subscribed and sworn to before me this ___ day of re t`ci_tr Y r , 19 91?1_,, by / i' k y / ,^'yd (LY /( WITNESS my hand and official seal. My Commission expires: MY COMMISSION EXPIRES 1-20-03 .; 12671 W.ASBURY PLACE LAKEWOOD,CO 80228 Notary Public 10 111111111111111111 III 1111 IIIIll III.1 III Illll Ill fill 2643528 10/07/1998 04:18P Weld County CO 1 of 2 R 11.00 D 43.00 JR Sukl Tsukemoto 5a& WARRANTY DEED THIS DEED, Made this 10th day of September, 1998 between Tollgate Farms, Inc., a Colorado corporation a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, grantor, and •E it Land Incorporated (Colorado Corporation) a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, grantee, whose legal address is 4591 Grove Street, Denver, Colorado 80211 WITNESSETH, That the grantor, for and in consideration of the sum of FOUR HUNDRED FIFTY THOUSAND AND 00/100, (5450,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as , , Colorado TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, QD(' encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1998 and subsequent years; except easements, restrictions, Cp, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its Vice president, and its corporate seal to be hereunto affixed, the day and year first above written. Tollgate Farms, Inc., a Colorado : V 1 ••) C' - torpor ion l BY `� /�� l CO-I.C'''(.,J Peggyi,q.�Ackard, Vice-President STATE OF COLORADO } ) ss. The foregoing instrument was acknowledged before County of ) me this day of September, 1998, by Peggy A. Ackard as Vice President of Tollgate Farms, Inc., a Colorado corporation My commission expires Witness my hand and official seal. • 1 ice` !. ( / c:�i.-L)LL- N 1.OTARY PUBLIC No. 767 Rev. 6-85 i ': BEVERLY E. BOWEN J• Notary Public,Slate of Texas V-" Commission Expires 4-4-99 11111111/IIIIII 111111��11111111111��11111(�� 2645520 10/07/1990 04:10P Weld County CO 2 pi 2 R 11.00 D 45.00 JA Sukl Teukamete "EXHIBIT A" LEGAL DESCRIPTION The S1/2 of the SE1/4 of Section 22, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. EXCEPT a tract of land conveyed to the Department of Highways by Deed recorded January 20, 1959 in Book 1522 at Page 541. ALSO EXCEPT a tract of land conveyed to the Department of Highways by Deed recorded August 27, 1959 in Book 1539 at Page 239. AK L`173 3o d ACI.ARD ZONE CHANGE Z - 393 From Ago iculturel District to C-4 (Highway Commercial) District 'Eilk Mt Cot• S1 23.' rfw ca. Sic.xi, 7'1M,R SOW. II 4 .2 T4M, Aa/W. l v: s ei � F SECTION 22, TIM, 116 . ` b of the 6th P.M. L t C i i..... W . A 0•1.1.2.11' Iv/ 115111' Sim cot. M leIi 2!'w SCAN I! /•.'oat. C prrAY1 RI 7 177.t' N0V /It1 .1.9i. i?rTtR f 7ATE lS 8 ACKAItO PROPERTY �F, ,t o w i o 151.6 ACRES L M s 5W C0R All, nit'O1' /S a solf.N' f St cod. sEC.12. at, rerr,ReeW 2r4' ri M, R r/W I/ LEGAL DESCRIPTION • 1�" 'L o V X 44 f 0 - That pert of the S 1/2 S 1/2 of Section 22. Township 4 North, Range 68 West of the �u 6th P.M. , wore particularly described as =oilc.'s; Commencing at • point from which 0 the SE corner of said Section 22 bears N89'02' 131 at 265.0 feet; Thence HOD'tl"42"E '•'1 and parallel to the east side of said Section 22 829.4 feet; Thence 1111'16'21"W o r 477.9 fast to a point on the north side of said S 1/2 S 1/2 of Section 22 and ,.;,z 589'22'21"V at 360.0 feet from the NE corner of said S 1/2 S 1/2 of Section 22;in w Thence S89'22'21'40 along the north side of said S 1/2 5 1/2 of Section 22. J*5 17 t feet to the NW corner of said S 1/2 S 1/2 or Section 22; Thence 500'00'00" along the west side of sale S 1/2 S 1/2 of Sectior. 22 1328.64 feet to the SW corner of ¢ said S 1/2 S 1/2 of Section 22; Thence NE19'02' 13"E along the south side of said Q M Section 22 5045.19 feet to the point of beginn'ng, containing in all 151.6 acres ..., sore or less and subject to ell prior rights .,f way and easements of record x pertaining hereto. rc W ��C�e�� m V o z SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepay LQ�(. d'. ...., supervision and that the sane Is correct of the best of my knoMlc be. of,'.y, N WN /1 •`� .``1 a ou E 26 3 cz o w LaVern C. Nelson, P.' i L.S. Coliaj15 12683 w l4 m t. • . ,.• .n r•• r,z PROPERTY OWNER'S APPROVAL: I, Vern Johnson, • being the owner's author(. Ir gq.L9ent of °:.c t nt i *hove described property, do hereby request the zoning was shown on tMM'/Ztedted map. O r /1 i sV2 q a: / 'o^ The foregoing certification was acknowledged before sVhis 2. day of )gQaiMltdtat . o in A.D.. 1983. Witness my hand and seal. mw My Gomel ssion expirem: 0=1.46,/[?/l4 Y7 l — Notary Public PLANNING COMMISSION CERTIFICATION: This Is to certi at the Weld County Planning Commission does he ruby • **oft the Board of 6oeni rs, WeI ounty Colorado rev se of. I s c d hereon t day of Uwe t_■__Loc . 1983. C , Planning C ission 1 • •IIITY COMMISSIONERS CERTIFICATION: This is to certify that the Board of County rs, Weld County. Colorado do hereby confirm. approve and adopt this one 10 s own and da i NI nem th 1 s Cj oft alb r v a►o . /)r�sA /I 2(.77 .4,ATTEt<T: • o ton Ty o n s s i one rs a insert, r Lleo*-.-' RECORDED: Dspu� L DATE: I/ • 4 LEASE AGREEMENT This Lease Agreement is entered into effective September 10, 1998, between TOLLGATE FARMS, INC., a Colorado Corporation, hereinafter referred to as"TOLLGATE" and E.F.H. LAND, INC., a Colorado Profit Corporation, hereinafter referred to as "EFH". In consideration of the payment of the rent and the performance of covenants and agreements by EFH, TOLLGATE does hereby lease to EFH vacant land legally described as the South One-Half of Southwest one-quarter (S1/2SW1/4) of Section 22, Township 4 North, Range 68 West of the 6th P.M. Weld County Colorado, containing 80 Acres mill . The terms and conditions of this Lease Agreement are as follows: 1. The term of this Lease shall be from September 10, 1998 to September 10, 2000, replacing Lease dated 3/1/96 and expiring 3/1/99 with Valley Dirt Riders. 2. The character of use or purpose of occupancy shall be limited to motocross sports events, and those activities ancillary thereto, together with such additional uses as TOLLGATE may give its consent in writing from time to time. 3. EFH accepts the premises "as is" and will not at any time call upon TOLLGATE to make improvements or changes upon the property which is the subject matter of the Lease. 4. In event of a bona fide sale of said property during the terms of this Lease, conveyance will need to be made subject to the Lease. EFH shall have the Right of First Refusal if any purchase proposal is presented to TOLLGATE. 5. It is understood and agreed that the property which is the subject matter of this Lease may be offered for sale at any time upon such terms and conditions as TOLLGATE may select, and that signs advertising said property for sale may be located on said premises wherever TOLLGATE shall determine, all without any disturbance by EFH. 6. The lease payments shall be $250.00 per month, payable the 10th day of each calendar month to TOLLGATE at 950 Lafayette St., Ste.#302, Denver, Colorado 80218. Monthly rent will be in default if not received by the 20th day of each successive month during the term of this Lease 1. 19. EFH agrees that if TOLLGATE is made a party defendant by any third party to any litigation for whatsoever reason arising out of the Lease and/or resulting from the operations carried on by EFH, EFH will, in addition to all other provisions herein, defend and hold TOLLGATE harmless of and from any liability and will reimburse any and all expenses, including attorney fees, incurred by TOLLGATE relating to such action. In addition, in the event TOLLGATE is compelled to file suit to enforce the terms of the Lease, or any breach thereof, TOLLGATE shall be entitled, in addition to all other relief granted by the court, to the reimbursement of all expenses, court costs and reasonable attorney fees incurred by TOLLGATE in such litigation. 20. Any notice desired or required to be given by either party of this Lease Agreement shall be in writing and may be either personally served upon the respective party or deposited in the United States mail postage prepaird, addressed to TOLLGATE FARMS, INC. at 950 Lafayette St. #302, Denver, CO 80218 or to E.F.H. Land Inc., do Terry Frydendall, 4591 Grove St., Denver CO 80211. My notice mailed shall be presumed received and the operative date of the notice will be three (3) calendar days after posting. 21. Water charges if any shall be paid by EFH during the term of this Lease. 22. This Lease shall be binding upon the parties, their personal representatives, successors and assigns. 23. This Lease contains the entire agreement between the parties, and their terms and conditions may not be amended or modified without such amendment or modification being expressed in writing and executed by the parties hereto. The parties agree that all representations, warranties and statements have been merged herein. TOLLGATE FARMS, INC. E.F.H. Land, Inc. a Colorado Corporation a Colorado Profit Corporation Date Signed get/ gi 1998 Date Signed Ee 6 1998 By%'L a►-r.L .. PL'-FCi. ,n By: 7e`Yv�/ A"�y rI en dill Deborah A. Peterson / / Title: Pfej tickF Title Cie G Ye4o r✓/ ATTEST: ATTEST: Cif Ai 4. r • • OPTION AGREEMENT M y 25, 1999 Date: SELLER: TOLLGATE FARMS, INC. , a Colorado Corp. 950 Lafayette St . , Suite 302 Address: Denver, Colorado, 80218 Phone;860-0332 PURCHASER: EFH LAND INCORPORATED, a Colorado Corp. c/o Terry L. Frydendall, 4591 Grove St., Address: Denver, Colorado 80211 Phone 303 477-5333 • In consideration of the sum of 5,000.00 paid to the Seller, the receipt and sufficiency of which are hereby acknowledged, the Seller hereby gives and grants to Purchaser the exclusive option to purchase the following described property: The South One-half of the Southwest One-Quarter (SY2SW)4) of Section 22, ' Township 4 North, Range 68 West of.the'6tb'P.M. Said property now being leased by EFH..LAND -INCORPORATED which lease will continue in force until it's expiration date or this option to purchase baa been exercised. WELD together with all improvements thereon,situated in the County ,State of Colorado, known as No. IV a (SOW Mtn>.Coy.Zip) If Purchaser decides to purchase the property, Purchaser must notify Seller on or before December • 17th , 1999 , which notice must be in writing and sent by registered or certified mail or delivered pert/pat mip er•witlt the t958,111*Ymettt eP .The total purchase price of the property shall be • u 11/44)14 eUljwhich shall be paid as follows: $15,000.00 Cash or certified Funds lapsable at Closingpurchaser's Promissory Note made payable to Seller in the &Mount of $460,000.00 supported by a First Trust Deed on said property. The $5,000.00 Option Money applied towards purchase at this time. Closing date shall be January 10,2000. Note shall bear interest at the rate of 6% per Annum with monthly payments of principal and interest Amortized on a 30-Year Plan of $2,758.00 beginning 30 days from iota of Note; It being understood that the entire Note balance shall become due air payable at the end of the 10th ear. • . See reverse side o; this sheet- for further conditions and requireisentFs. If the option is not exercised on or before the above date,the option money paid hereunder'911N/will not be refunded to Purchaser. • Mink xeta,tine to Got. No.757.Rev.9-83. OPTION AGREEMENT('198.7 Bradford Publishing,1743 waxy Sr.,Dam,CO 80202— baihitq (303)292.2500—1.99 / In a(fie. . • e -I f® /111°'1 • • In the event the option is exercised, the property will be transferred and the closing will take place upon the following terms and conditions: Seller requires the same conditions generally to apply to this purchase as pertained to the EFH Land Incorporated purchase of the SYaSEK mainly, the 'PERSONAL GUARANTY of the EYH,•.Lan4 Incorporated Promissory:eNote, the" maintaining of adequate,insurance. otWhich the purchasers'-are well'versed. • j,The„purchase price will include all fixtures currently on the premises„together with all built-in appliances, all • wjitdow.,coverings,and all wall-to-wall carpeting,all in theu,present condition, free and clear of all encumbrances. Subject to Pipeline and Roadway Easements.,and. rights of way of record.: • 2. Seller will furnish a title insurance policy to the Purchaser after the closing and pay the premium thereon. • 3. The time and place of closing shall be designated by the,Seller,who shall convey merchantable title by a good and ' - sufficient general warranty deed, at such time free-and clear of all-taxes and encumbrances except• 4. If title is not merchantable,or if the property should be damaged prior to closing,the Purchaser may demand and receive the return of the option money paid hereunder. 5. Taxes,as determined by the current levy and assessment,and all pre-paid items shall he apportioned to the date of closing when the deed and possession of the property shall be delivered to Purchaser. • ..6. hi the event of a default hereunder_by.tile-Purchaser, Seller shall.be.entitled to keep the-option money without\ accounting to Purchaser therefor. In the event Seller defaults under the terries and conditions hereof, the Purchaser may ' demand and receive the return of the option`inohey paid',hereunder,"or-may have the right to an action for specific performance of this contract.In the event a civil action is filed regar&hg'the-terms Or this contract,the prevailing part9 shall be entitled to recover all costs and expenses;including reasonable attorn 's fees. En LAND INCORPORATED TO TEr NC. By PURCHASER GLADE B. HILL, Pres. SELLER• EGGY A. ACIUIRD, Vice-Pree. . Date: 6-/5-4-9 Date: STATE OF COLORADO, • • City lid Currey of Denver .. .i.rwn The foregoing instrument was acknowledged before me this / day of June , 19 99 , by Peggy 11_ 4e1j d, Vice•-.Prate Tollgate Farther Inc. 33Y COMMISSION EXPIRES 02-12.2001 My commission expires , 19 . Witness my hand and official seal. 4 navy Public Valley Dirt Riders, Inc. 4591 Grove Street Denver,Colorado 80211 Phone 303-477-5333 Fax 303.739.1227'51 Email fry2©msn.com August 16, 1999 Weld County Department of Planning Services 1555 17th Avenue Greeley, CO 80631 RE:Valley Dirt Riders Recreational Park The purpose of this request is to file a Site Development Plan for the existing motorcycle park and related uses. The park has been used as a motorcycle recreational and competition park since 1968. The park is needed to provide for the growing recreational activities of off road motorcyclists,ATV and bicycle riders of Colorado. There are an estimated 10,000 recreational motorcycle enthusiast in the northwestern Colorado region. VDR is one of ten sanctioned race tracks in Colorado.VDR is also recognized as one of three primer tracks in the State, based on its historic use of the natural terrain. Today, many of the tracks have added a number of man made jumps, bumps and other obstacles to their tracks. The lose of this track would be critical to the needs of recreational motorcyclists state wide. Over fifty motorcycle business exist in the Northern Eastern Colorado area. The lose of public areas for riding is increasing the pressure for private recreational track such as VDR. The motorcycle industry sells approximately 42%of the motorcycles manufactured for off road use based on figures provided by the Motorcycle Industry Council (MIC). VDR has served to meet the needs of off road motorcycles for the past thirty one years. The ownership of the track changed in 1997. With the change in ownership, minor improvements to the facility have taken place to make the maintenance operations of the track more efficient. New maintenance equipment such as tractors and a water truck have been purchases to keep dust and erosion to a minimum. Water storage facilities have been upgraded,with the addition of two water storage tanks. Water is provided to the site from the Little Thompson water district. Additional buildings are planned to provide restrooms for the site, a entry control building and eventually a permanent office/food service building. Additional landscaping and development of sound berms are planned for the exterior boundaries of the site as future development occurs on adjacent lands. An agreement has been reached with the adjacent landowner to the south to jointly develop berms along the south property line when this area develops. Additional sound berms and landscaping are planned along the eastern property line(1-25 Frontage Road)to reduce visual impacts of the site to 1-25. This landscaped area will include a treed buffer that will eventually create an over story visual buffer of the site as the trees mature. Signage is planned to be added to the site per county regulations to help promote use of the track and members of the motorcycle industry. One sign will be placed in the south eastern corner of the site and another in the north eastern corner of the site, both in locations visible to 1-25, conforming to the provisions of the sign code. Existing signage placed on the site will be brought into conformance with Weld County sign code requirements. The site contains four improved race tracks within the eastern 80 acres of the site. The primary use is the Motocross track located in the south central portions of the property. A supercross track is present in the western portion of the site,a mini bike (motorized)along the northern portion of the property and a bicycle track has been developed in the north eastern portion of the property. The western 80 acres is used primarily for daily recreational riding and Cross-country/enduro races 4 to 5 times a year. A maximum of, one race is held per month. On race days, practice begins at 6:00 am and races run to dusk. This facility is run based on the proceeds that are received from gate fees and rental fees for races. The majority of these funds are used to pay for the purchase of this property. As a result, improvements to the site are limited to the unused funds accrued through the year. The landscape improvements along the eastern edge of the track will begin in 1999 and should be completed by the end of 2000. The entry building and restrooms(less than 500 square feet of building area)will also be completed by the end of 2000. The office and food service building (estimated 1200 square feet of building area)will be constructed sometime after 2000 but should be completed by 2005. EFH Land Inc.would like to take this opportunity to thank the county staff for it help in completing this application. The continued support of this facility will serve the residents of Weld County and north eastern Colorado well as other lands are closed to use by off road motorcycles,AN and bicycles. Sincerely, Terry Frydendall Treasure EFH Land Inc. AAVORLTRH.EAD Application Requirements for a Site Plan Review The following discussion is based on the numbering from the application form for a Site Plan Review. 1. See attachment A 2. See attachment B 3. See attachment C 4. Not applicable to this request 5. Not applicable to this request 6. See the letter of application 7. The property is served by the Little Thompson water district. A 3/4 inch tap serves the southeast end of the site. See attachment D for the letter of verification from the Little Thompson Water District. 8. Onsite sewage is currently provided through the use of weekly porta potty service. It is anticipated that permanent toilet facilities and a septic or hold tank system will be constructed in the southeastern portion of the site in the next year. Additional restrooms will be added when the office and food service building is constructed in a later phase of this development. County Health Department requirements will be met for the new facilities at the time of applying for Building Permits. 9. See attachment E 10. Valley Dirt Riders has no paid employees. There are currently three persons working for Valley Dirt Riders. 11. All new buildings and signage proposed for the site will conform to the setback requirements of the C-4 zone district. 12. Three new buildings are planned for the site. An entry/gate fee collection building is planned at the entrance to the site. A restroom building has also been planned to be constructed in the southeastern portion of the site near the entry gate. This facility may be a combined building with the entry/gate fee collection building. In addition,an office/food service building is planned for a later phase of development in a location adjacent to the start area for the Motocross track. All building will conform to the requirements of the uniform building code and are anticipated to be constructed of wood or composite lap siding with at minimum a 3:12 asphalt shingled roof. 13. Two free standing signs are planned for the site. One in the south eastern portion of the site and another in the north eastern section of the site in locations conforming to the requirements of the Weld County sign code. Permits applications will be made for the existing unpermitted sign immediately and prior to installing any other new signage on the site. 14. This site has been maintained in its natural state for the past thirty years. The Motocross, supercross, minibike and bicycle tracks have designated paths or trails for that are ridden on. Over the years these trails are changed to provide a variety in the type and locations of the track. The natural terrain is the bases for these tracks. Man made objects have been added to make these tracks more interesting and consistent with national competition track concepts. As a result, no significant landscaped areas are planned within the site. Additional landscaping will be added around the bathroom facility and office/food service building when constructed. See the site plan for the location of new landscaping to be added to the site. A minimum 15 foot wide landscaped buffer including planting new trees an average of one tree per fifty feet of frontage will be developed along the I-25 frontage road. A water truck is present on this site to keep the track damp, reducing dust and erosion of the tracks and surrounding areas. This truck will be used to water new plants to be provided within landscaped areas. 15. The site preserves the existing natural terrain. Water runoff follows existing drainage ways leading to the eastern edges of the site running to the drainage ditch paralleling the I-25 frontage road. Where the track cross the natural drainage ways,culvert pipes have been added to permit the natural flows to pass through or under the track,or the crossings have been maintained in a natural state to allow water to past through the site. It is in the best interest of the users of the track to allow the water to pass through the site rather than being retained on site. 16. Parking is based on current needs for the site. There is less than 800 square feet of enclosed storage facilities on the site at this time in the form of two 8'X 40'truck trailers. The addition of the gate/fee collection building and the restroom facility will add less than 500 additional square feet of enclosed building area to the site. The eventual construction of the office/food service building will add less than 1200 square feet of building coverage to the site. Current parking occurs in the southeastern portion of the site and along the south,west and northwest edges of the Motocross track. The number of cars on the site varies from less than 50 cars on a regular bases to 400 or more on race days(maximum of 12 times a year). A small graveled parking areas is present on site at the entry gate for use by employees and a limited number of riders. Natural surface areas are use for large events. On these days the main travel lanes within the parking areas are watered to control dust. These areas have been used as parking areas for the past 30 years. 17. Not applicable to this request. 18. Not applicable to this request. 19. Not applicable to this request. 20. Access to this site is by way of the west 1-25 frontage road. This road is a graveled roadway that has an underpass providing a connection to the paved section of 1-25 frontage road east. VDR is the only non agriculture related activity taking access to the west frontage road. A 24 foot wide graveled access has been developed approximately 150 feet south of the I-25 underpass. 21. No new access are planned. If an additional access is found to be needed at a future time, all Weld County requirements will be met. 22. Access is by way of a frontage road. Acceleration/deceleration lanes are not required. 23. Trash collection is provided by Waste Management of Northern Colorado. A 30 foot roll off dumpster will be provided on the site adjacent to the water tanks in the southeastem portion of the site. The dumpster will be screened from view to I-25 by six foot cedar fencing. The location of the dumpster will be visible to track users leaving the site and signed to encourage their use of the dumpster. 24. This is the site of a motorcycle competition park that has been operating continually since 1968 without notification of violating state or county operational regulations. The facility will continue to be operated consistent with the historical locations of the tracks and levels of activity. Should State or County standards be exceeded at the site in the future, reasonable methods of bring the site into conformance will be under taken by the applicant/owners of the property. A. Noise: This the location of a motorcycle competition park and the noise levels generated from this facility may exceed state sound levels for a commercial property on occasion. The primary noise generated from the site occurs on race days and the primary source of noise is at the time a race starts. The starting gate for all tracks are in the central portions of the property, more than 1000 feet from I-25 and 600 feet from the north and south property lines. As a result, the sound level at the property line are normally in conformance with the state provisions. Should the noise levels generated from the track exceed these levels in the future,adjustments in the location of the track(s)may be necessary. B.Air Quality: The site will be operated in conformance with State and county regulations. C. D. E. G. • The site will continue to meet state and county standards as applicable to the use of this site as a Motorcycle Competition and recreational park. H. Property Maintenance: The property will continue to be kept in a clean and presentable manner to the public. Additional measures will be undertaken to maintain and screen a 30 roll-off trash container near the entrance to the site. This container will have new signage encouraging patrons of the site to use the facility and help keep the site clean. Valley Dirt Riders,Inc. 4591 Grove Street Dower.Colorado 80211 Phone 303-477.5333 Fax 303-739.0227.5 I August 03, 1999 This letter is to Certify: Valley Dirt Riders Recreation Facility Legal Description 52/52 off 22-4-68 Water Service is provided by Little Thompson Water District Signature of Authorized Little Thompson Water District Representative 3 � . j' ,. ,y' Road File RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1 1 11 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497 I. Applicant Name k,. g Lon A :, c phone 303 -4/77`s s.s Address 1IS9I vvOve s+ CityDE'ra)c ( State Coi6Zip ?02// _ 2. Address or location of access S 2./s 2- C., 2-2.-7-t" 8 Section :2-'2 Township t/ /lie r4 L1 Range I.8 w at-044w 6.Ph f M Subdivision Block Lot Weld County Road # Side of Road Distance from nearest intersection / Al;Ile A/ovr1-J 3. Is there an existing access to the property? Yes X No #of accesses 2- 4. Proposed Use: 0 Permanent 0 Residential'Agricultural 9 industrial 0 Temporary 0 Subdivision . Commercial O Other itorcy01& rer:v('v.Wal 8.8********F***************w*****************+k*'• .. *****8**********.**I**********************8***x**k***** 5. Site Sketch A 0 ,�e� , `� Legend for Access Description: �� /yo A c�es4.i I pvO12,Arii L.,:we )/.' ;fib,.-\ AG= Agricultural 4,i it ;irl ( Wo •w RES = Residential J 9r.l c:- « __�•I.0 O&G= Oil&Gas of f'i \(....4.,:rloeJ D.R. = Ditch Road , S iIj// c y AS:5 i kc L = Shede k 5 2 �i— �. a ilk t, >4 ias A. h 7 Proferiy L111 7 .VD A<<:rss AC **********************************8* *********************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation authorized 0 Inti►rmation Insu!'tictent Reviewed By: Title: m;wp fi tc skeng i nee r\,access - 1j V . _ __ _ s ... nom " • • \ �6 F F d it 4 s i r • 4 CD I ' • CO I. sJ YY 1''.---"? °sue • v) L 54, s' AG U G1rc S Couyr)(2r s 1 I o-,r • Top 1 tom ,✓ rr P or c.1-, ^r El E < 04 f n'de ��eti✓ IS 1 c L., 4 1)� 3.r"��'' +� h��R►rte., tip .'ll.J�41c, U � LI-U i'�-f' 04 Po , 5,, A .. eq411 )-oorri 1- Ur,ic I/✓1i -o �e ) C 0 Q :‹.-c' • POr • Tor 1/,',e,../ o c•,r---� ft A 1Jvc 1 G J - 2,44 tab' REFERRAL LIST NAME: EFH Land Incorporated,do Terry Frydendall CASE NUMBER: SPR-306 REFERRALS SENT:August 24, 1999 REFERRALS TO BE RECEIVED BY: September 14, 1999 COUNTY TOWNS and CITIES _Attorney _Ault X_Health Department X_Berthoud _Extension Service _Broomfield _Emergency Management Office Dacono Sheriffs Office _Eaton _X_Public Works _Erie _Housing Authority _Evans _Airport Authority _Firestone X_Building Inspection _Fort Lupton Frederick STATE _Garden City _X_Division of Wildlife(SWA) GiIcrest _Geological Survey Greeley Department of Health Grover X_Department of Transportation Hudson _Historical Society _X Johnstown Water Conservation Board _Keenesburg _Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS Lochbuie _Ault F-1 Longmont X_Berthoud F-2 _X_Mead _Briggsdale F-24 _Milliken Brighton F-3 _New Raymer Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 Pierce _Hudson F-7 _Platteville Johnstown F-8 Severance La Salle F-9 Thomton Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder _Platte Valley F-14 Larimer _Poudre Valley F-15 _Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 Federal Aviation Administration Westem Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo.Water Conservancy Dist. _X Big Thompson Panhandle Eastern Pipe Line Co. _Fort Collins Tri-Area Planning Commission Greeley Longmont West Adams COMMISSION/BOARD MEMBER Weld County Referral IgoC• August 24, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant EFH Land Incorporated, c/o Case Number SPR-306 Terry Frydendall Please Reply By September 14, 1999 Planner Julie Chester Project Site Plan Review for a Motorcycle, ATV and Bicycle Recreation Facility in the C-4 Zone District (Valley Dirt Riders) Legal S2 S2 of Section 22, T4N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to 1-25; south of and adjacent to Hwy 56. For a more precise location, see legal. Parcel Number 1061 22 000012 E The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Li We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency Date 4-Weld County Planning Dept. •-1555 N. 17th Ave.Greeley,CO. 80631 4(970)353-6100 ext.3540 -:-(970)304-6498 fax 441 Kit 4 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970)304-6498 AV 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 C. COLORADO August 24, 1999 EFH Land Incorporated do Terry Frydendall 4591 Grove Street Denver, CO 80211 Subject SPR-306 - Site Plan Review for a Motorcycle, ATV and Bicycle Recreation Facility in the C-4 Zone District(Valley Dirt Riders),on a parcel of land described as the S2 S2 of Section 22, T4N, R68W of the 6th P.M.,Weld County, Colorado. Dear Mr. Frydendall: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 days or upon receipt of recommendations from the referral agencies. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or 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 the Johnstown, Mead and Berthoud Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Johnstown, Mead and Berthoud Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Town of Johnstown at 970-587-4664;Town of Mead at 970-535-4477;and Town of Berthoud at 970-532-3754, for further details regarding the date, time, and place of these meetings. If you have any questions conceming this matter, please feel free to call or visit our office. Sincerely, ALL/ 0 e Chester Lead Planner RECEIVED r-stsa AUG 2 51999 WELD COUNTY PUBLIC WORKS DEPT 111Dc. Weld County Referral August 24, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant EFH Land Incorporated, do Case Number SPR-306 Terry Frydendall Please Reply By September 14, 1999 Planner Julie Chester Project Site Plan Review for a Motorcycle,ATV and Bicycle Recreation Facility in the C-4 Zone District(Valley Dirt Riders) Legal S2 S2 of Section 22,T4N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to 1-25; south of and adjacent to Hwy 56. For a more precise location, see legal. Parcel Number 1061 22 000012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. • Comments: Signature j 9- /3 Y I Agency ( Date *Weld County Planning Dept. 01555 N. 17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 4(970)304-6498 fax (j';':y(( ) MEMORANDUM TO: Julie Chester, Lead Planner DATE: September 14,1999 FROM: Donald Carroll, Engineering Administrator 0 SUBJECT: SPR-306; EFH Land Incorporated, c/o Terry Frydendall COLORADO The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Weld County Zoning Ordinance Site Plan Review for a Motorcycles, ATV, and Bicycle Recreation Facility in the C-4 Zone District. Our comments and requirements are as follows: COMMENTS: WCR 7 is designated on the Weld County Transportation Plan Map as a local gravel road. This portion of the road has been annexed by the Town of Berthoud and they have jurisdiction over any additional access points. The existing west access gate onto WCR 7 has been posted and closed. The borrow pit ditch has not been constructed with a direct access to this location. REQUIREMENTS: ,Access: Access to the site is gained by a graveled roadway with an underpass providing a connection to the 1-25 Frontage Road. The Colorado Department of Transportation maintains the frontage road and direct access to the site. Please contact Gloria Hice-Idler at the Greeley office to verify any improvements that may be needed to the location. Weld County Public Works recommends utilizing the State access point with no direct access onto WCR 7. Please send a referral to the Town of Berthoud as they do have jurisdiction over WCR 7 at this location. Off-Site Parking: Parking is currently in the southeast portion of the site and along the south, west, and northwest edges of the track. The number of cars varies from less than 50 to 400 on race days. i recommend that the applicant place the designated parking areas on the plat. Dust Suppressant: A water truck is on site to keep the track damp and reduce dust and erosion of the track and the surrounding area. There is also a water holding tank and loading area on site. If used properly, this should be adequate. If complaints warrant other means of dust suppressant,the applicant shall supply adequate dust control. • Storm Water Drainage:Water runoff follows existing drainage ways from south to north. The applicant shall place,' on the plat, culvert pipe crossings, drainage patterns, and how the water will be retained and released at the historical rate and not cause damage to the adjacent property owner. cc: SPR-306 plan 6 SAP 1E 1999 ilit6H- , WIlD Weld County Referral C. August 24, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant EFH Land Incorporated, do Case Number SPR-306 Terry Frydendall Please Reply By September 14, 1999 Planner Julie Chester Project Site Plan Review for a Motorcycle,AN and Bicycle Recreation Facility in the C-4 Zone District(Valley Dirt Riders) Legal S2 S2 of Section 22,T4N, R68W of the 6th P.M.,Weld County, Colorado. Location West of and adjacent to 1-25; south of and adjacent to Hwy 56. For a more precise location, see legal. Parcel Number 1061 22 000012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ItSee attached letter. Comments: Signature ,c��/ /, O 7 Agency p� �� Date +Weld County Planning Dept +1555 N.17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)304-6498 fax I BERTHOUD FIRE PROTECTION DISTRICT Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 • (970) 532-2264 II 1 August 30, 1999 Ms. Julie Chester, Planner Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 RE: Valley Dirt Riders Recreational Park Dear Ms. Chester: The Berthoud Fire Protection District has completed its review of the site plan for a motorcycle, ATV, and bicycle recreational facility adjacent to Interstate 25, South of Colorado State Highway 56. The site plan shows the installation of a fire hydrant and fire apparatus access to the site of the buildings. Please refer to the following fire protection and access requirements: The minimum water distribution line size for fire protection for commercial and industrial application is 8 inches. The required fire flow for commercial and industrial applications 1,500 gallons per minute at 20 psi. All fire hydrants shall) meet the specification outlined in Section 3 of the enclosed policy. Fire hydrants shall be within 15 feet of the curb or designated roadway and with no obstructions within 3 feet. The fire department access roadway will be designed and maintained to support the imposed loads of fire apparatus and will be provided with a surface so as to provide an all weather driving surface. The access roadway will be a minimum of 20 feet in width, with a minimum grade of 6%on open streets and 4%on intersections. Fire apparatus must have access to within 150 feet of all building exterior walls. If you have any questions, please direct them to me at your earliest convenience. Respectfully, Stephen Charles Fire Chief SC/kt :; Planning Dept.. Enclosure SEP 1 1999 x. Terry Fryendall RECEIVED AN EQUAL OPPORTUNITY EMPLOYER BERTHOUD FIRE PROTECTION DISTRICT POLICY BSM 85/05-003 FIRE PROTECTION SPECIFICATIONS SECTION I PURPOSE 1.1 The purpose of this policy is to set a standard within the authority of the Berthoud Fire Protection District regarding water distribution lines, fire hydrant specifications/location and required fire flow. SECTION II WATER DISTRIBUTION SYSTEM 2.1 All areas served by municipal or district water distribution systems or located within one(1) mile of systems capable of supplying required fire flow shall meet the following water distribution line size: Type of Development Minimum Line Diameter Single family& Two family 6" Multifamily 8" Commercial& industrial 8" 2.2 Larger diameter water distribution lines may be required. For above types of developments, based on the required fire flow outlined in Table No. A-111-A-1, Minimum Required Fire Flow and Flow Duration for Buildings,Uniform Fire Code, 1991 Edition. 2.3 Dead end water distribution lines shall be minimized by looping all main lines when possible. 2.4 Dead end water distribution lines,in residential and commercial/industrial areas, over 300 feet shall be an oversized water distribution line if used for fire protection as recommended by an Engineer's report. The Engineer's report shall specify the following: 1. water distribution line size 2. residual water pressure at proposed hydrant locations 3. available water(g.p.m.) at proposed hydrant locations s 1 . Pte'` rat SECTION III FIRE HYDRANT SPECIFICATIONS/LOCATIONS 3.1 All fire hydrants installed within the authority of the Berthoud Fire Protection District shall meet the following standards: a. All fire hydrants will be A240I5 Mueller improved, A423 AWWA Mueller Centurion or approved equal. b. All hydrants will have a five and one-quarter(5 1/4") inch or larger valve opening, two(2)two and one-half(2 1/2)inch hose nozzles, one (1) pumper nozzle and a six (6) inch or larger mechanical joint inlet. c. All nozzles shall have National Standard threads. d. The hydrant shall be of traffic hazard type with safety features which will prevent barrel breakage. e. Specifications for the operating nut and stubs and cups shall be one (1)inch square or pentagon and open right. 3.2 Single and two family residential developments shall have fire hydrants spaced so that no structure shall be more than 500 feet from the hydrant as measured via the street. Hydrants shall not be more than 1,000 feet apart. 3.3 Multiple family(higher density than two family)developments shall have fire hydrants spaced so that no structure shall be more than 500 feet from a fire hydrant as measured via the street. Hydrants shall be not more than 1,000 feet apart. 3.4 Commercial and industrial developments shall have fire hydrants spaced so that no structure shall be more than 500 feet from a hydrant as measured via the street. Fire hydrants shall not be more than 1,000 feet apart. 3.5 When a multiple family dwelling, commercial or industrial building protected by a fire protection system and the fire department connection is in excess of 150 feet from a fire hydrant,there shall be required an on site fire hydrant and water distribution lines capable of supplying the required fire flow. 3.6 Fire hydrants shall be connected to loop water distribution lines, whenever possible. 3.7 Fire hydrants shall be within 15 feet of the curb or designated roadway and with no obstruction within 3 feet. 3.8 When fire protection facilities (i.e., fire hydrant, water distribution lines, etc.) are to be installed, such facilities, including all surface access roads, shall be installed and made serviceable prior to and during the time of construction. 2 SECTION IV REQUIRED FIRE FLOW 4.1 All areas served by municipal or district water distribution systems or located within one(1) mile of systems capable of supplying required fire flow shall meet the following minimum fire flow: Type of Development Fire Flow Gallon age/Min Single family& Two family 1,000 Multifamily 1,500 Commercial&industrial 1,500 4.2 Additional fire flow Gallon age may be required, for the above types of developments,based on Table No. A-111-A-1 Minimum Required Fire Flow and Flow Duration For Buildings, Uniform Fore Code, 1991 Edition 4.3 In an area where a building is to be constructed and there are no fire hydrants to obtain available water(g.p.m.), the following will be required prior to this agency completing the plan review process: 1. An Engineer's report stating: a. if not installed, the water distribution line size required to meet fire flow calculations b. residual water pressure at proposed fire hydrant location(s) c. available water(g.p.m.) at proposed fire hydrant location(s) d. number of fire hydrants needed to provide required fire flow SECTION V WATER SUPPLY IN AREAS WITHOUT MUNICIPAL OR DISTRICT WATER DISTRIBUTION SYSTEMS 5.1 In areas more than one mile from a municipal or District water distribution system capable of supplying the required fire flow, rural water supplies may be utilized. 5.2 Design and construction of cisterns,reservoirs, etc., shall be in accordance with NFPA 1231. 5.3 The owner/occupant shall provide and maintain fire department accessibility. Revised 10/97 3 ‘IC R Weld County Referral August 24, 1999 COLORADO AUG 1999 The Weld County Department of Pypning Services has received the following item for review: Applicant EFH Land Incorporated, do Case Number SPR-306 Terry Frydendall Please Reply By September 14, 1999 Planner Julie Chester Project Site Plan Review for a Motorcycle,ATV and Bicycle Recreation Facility in the C-4 Zone District(Valley Dirt Riders) Legal S2 S2 of Section 22,T4N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to I-25; south of and adjacent to Hwy 56. For a more precise location, see legal. Parcel Number 1061 22 000012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. U See attached letter. J Comments: • It i. v1o1- clear if +teri5 rv.;itz4JJproposal wit\ iricren & ITu do(u rno<e, 1-1 no-F, (14;O1- rain,-wk re bct.ire, anti ti 1M�CrA NM .1.113-5 \C \f0((urv1.45 nit irncrzasr b 'more- "Via.✓, "3Q°Ia COOT w-L,04 r4 cure_ re-eva(uat cc-r\ Signature Lch t tom' �C1� (C/`(iqy Agency Date tl un yrlan:llr.g : OCT 1 1 1999 Wield County Planning Dept +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 043540 4(970)304-6498 fax RECER r" MEMORANDUM TO: Julie Chester, W.C. Planning DATE: September 9, 1999 FROM: Sheble McConnellogue, Environmental Health Services COLORADO CASE NO.: SPR-306 NAME: EFH Land Incorporated, c/o Terry Frydendall Environmental Health Services has reviewed this proposal for a Motorcycle,ATV and Bicycle Recreation Facility. The following conditions are recommended to be conditions of approval: /1) A dust abatement plan shall be submitted to the Weld County Department of Public Health & Environment for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Department of Public Health & Environment. The following are recommended to be development standards: �1) All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2) No permanent disposal of wastes shall be permitted at this site. v3) Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,blowing debris,and other potential nuisance conditions. . ) Fugitive dust shall be controlled on this site. '5) 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. This standard shall be monitored and enforced only as the result of an adjacent property owner complaint. /6) Adequate toilet facilities shall be provided for patrons of the facility. '7) The facility shall utilize a community water supply.(Little Thompson Water District). This drinking water shall be available at all times to patrons of the facility. ,"8) A permanent individual sewage disposal system is required for the proposed office/food service building, and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The system must be designed by a Colorado Registered Professional Engineer. It shall provide a separate unit for both men and women. /A) The facility may supplement the on-site septic system with port-a-potty units for temporary events where the existing system is not sufficient for patrons of the facility. EFH Land Incorporated, c/ erry Frydendall SPR-306 Page 2 .-B) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. The facility shall comply with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. sm/506 a Kik Weld County Referral C. August 24, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant EFH Land Incorporated, c/o Case Number SPR-306 Terry Frydendall Please Reply By September 14, 1999 Planner Julie Chester Project Site Plan Review for a Motorcycle,AN and Bicycle Recreation Facility in the C-4 Zone District(Valley Dirt Riders) Legal S2 S2 of Section 22, T4N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to I-25; south of and adjacent to Hwy 56. For a more precise location, see legal. Parcel Number 1061 22 000012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan CI We have reviewed the request and find no conflicts with our interests. 4d'/See attached letter. Comments: Signature V.V9 9 � `� Agency /,�. �,r cA Date ^ +Weld County Planning Dept. 4155511 N.17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax (teks. , rs DEPARTMENT OF BUILDING INSPECTION 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 ' PHONE (970)353-6100, EXT.3540 C. FAX (970)304-6498 COLORADO September 3, 1999 Referral for: SPR-306, EFH Land Inc. S2S2 of Section 22, T4N, R68W 1. All three proposed buildings, the entry gate/ fee collection building, restroom building, and office/food building, will require review prior to the release of building permits and construction. 2. It appears from the Special Use application that prebuilt buildings are going to be used. Although the attached "Tuff Shed" brochure indicates that the building foundation consists of 2" x 6" floor joists, an additional foundation or some means to tie the building down will be IP required. Also, if wood joists or flooring is located closer than 18" to exposed ground, such wood shall be treated or wood of natural resistance to decay such as redwood. Any wood in contact with concrete would also require treated wood or redwood. This would be the case if the building rested on some type of concrete slab. 13. The number of water closets, lavatories etc., would need to conform to Weld County Health Department and 1997 Uniform Building Code (UBC) requirements. -4. Restrooms, parking, and routes would need to be handicap accessible and compliant with the UBC and CABO/ANSI A117.1 standards. 5. Directional and advertising signs will also require review and building permits before commencing construction. Re,r e-tfully Da Srragu= Building •fficial Service,Teamwork,Integrity,Quality r (iittlwir WIlD Weld County Referral C. August 24, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant EFH Land Incorporated,do Case Number SPR-306 Terry Frydendall Please Reply By September 14, 1999 Planner Julie Chester Project Site Plan Review for a Motorcycle,AN and Bicycle Recreation Facility in the C-4 Zone District(Valley Dirt Riders) Legal S2 S2 of Section 22,T4N, R68W of the 6th P.M.,Weld County, Colorado. Location West of and adjacent to 1-25; south of and adjacent to Hwy 56. For a more precise location, see legal. Parcel Number 1061 22 000012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We ave reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Nk—q,9OolRs C U' to 9. 3‘tn 0 WSJ_ cof ,k Q -% Ci- - See . Signature ci N,,, 2�lam- ` ''c( ` 29 �� Agency \l 5 Date +Weld County Planning Dept.`+1555w///��r-N.17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 A(970)304-6498 fax Sep-14-99 08:44A Tcyrn of Berthoud (s'49 70 532 0640 P.02 TOWN OF BERTHOUD 328 MASSACHUSETTS AVENUE•P.O.BOX 1229 BERTHOUD,COLORADO 80513 TOWN 11A1.1. Thom:(970)533-2643 POLICE DEPARTMENT Fax (970)532-U 40 Phone(970)532-2611 September 13, 1999 Fax (970)532-3534 Julie Chester Weld County Planning 15551%1.17"'Avenue Greeley,CO 80631 Dear Julie: The Berthoud Planning Commission reviewed the Site Plan request for Valley Did Riders at the September 9,1999 Planning Commission meeting. The Commission voted 6-0 to recommend approval of this request with the following conditions: 1. An agreement by the property owner to annex if and when requested by the Town of Berthoud be required. 2, Parking and access improvements be made to ensure that adequate access and circulation, particularly for emergency service vehicles,is available for this site. Improvements should include,at a minimum,the provision of adequate parking that dots not interfere with access to/from the site and provisions for maintaining adequate dust control on access roads and parking areas. 3. A landscape plan prepared and reviewed by a landscape professional be required prior to any change of zoning to any adjacent property. In making this recommendation,the Commission would like to promote a coordinated effort between Valley Dirt Riders and adjacent property owners for any needed landscape buffering. If you have any questions regarding this item,please do not hesitate to call me. Thank you for the Opportunity to review this request. Sincerely, 7 ( " ..----'(.,A/C. Sherry Alberts-Clark,AICP Interim Town Planner • •�. P4 4 6R 44 H WY 56 = 0.-,s,::.... , i r--- LIPIPAilialkseenaltr . •r . \ i ...4: • . ' ). ... J. r,I o- t . . - -f _____ - - 1 • i Atli. a p* :71 s TOWN OF BERTHOUD // kik . \ I 6 : W ; SITE PLAN REIVEW NO. 306 12UNDER ASS VALLEY DIRT RIDERS NKA VIPERS O/O TERRY FRYDENDALL TOWN OF I CR 42 . . `' O I gett-ii7A _ , tti . -1-ti---, fr_ L_ _• :_ , . 2 ... , 1 . n _ 0 _ 0 ,rs_ , W O 0 .I L . ir; C,, TOWN OF BERTHOUD "'H. Hello