HomeMy WebLinkAbout820565.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN AGRI-BUSINESS -
ALVIN AND RALPHINA WHITMAN
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 14th day of July, 1982, at the hour of 2 : 00
o'clock p.m. in the Chambers of the Board for the purpose of
hearing the application of Alvin and Ralphina Whitman, 14200
Weld County Road 70, Greeley, Colorado 80631, for a Use by
Special Review for an Agri-Business, on the following described
real estate, to-wit:
The West half of Section 20, Township 8 North,
Range 65 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, Section 24. 4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Use by Special Review, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the re-
quest 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:
1. The submitted materials are in compliance with the appli-
cation 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 . 4. 2 of
the Weld County Zoning Ordinance as follows :
a. The proposal is consistent with the Comprehensive
Plan and is consistent with the intent of the Agri-
cultural Zone District in that the use does not
constitute an interference with agricultural acti-
vities. The use is both compatible with existing
agricultural activity and with land use which is
contemplated to be agricultural in the Comprehensive
Plan. Furthermore, the proposal is considered to
be an agri-business use which has been determined
to be appropriate in the Agricultural District.
8 2 U ,
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Page 2
RE: WHITMAN USR
3. No overlay districts affect the site. Operation and
design standards provide adequate protection of the
health, safety and welfare of the neighborhood and the
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners that the application for a Use by Special Review for
an Agri-Business on the hereinabove described parcel of land be,
and hereby is, granted subject to the following conditions :
1 . The attached standards for Use by Special Review be
adopted, with standard No. 3 being deleted from said
standards.
2 . The plat for the Use by Special Review permit be placed
on record by the Department of Planning Services staff
prior to any building permits being issued on the site.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
July, A.D. , 1982.
1TM4,d'` /1 BOARD OF COUNTY COMMISSIONERS
ATTEST: A-]/ """""` �f`"SI WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Jvi . Martin Chairman
By: _ 4 A 1 ,",L
Deputy ounty Clerk uck Carlson, Pro-Tem
AP-ROVED J
AS TO FORM: C
Norman Carlson
C � 0 7 < e,
County Attorney C. W. Kirby
9 6/1-
K. teinmark
DATE PRESENTED: July 19, 1982
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USR-508:82:23
Alvin and Ralphina Whitman
Standards for Use by Special Review
1. The type of use shall be fertilizer storage tank facilities for the
purpose of selling fertilizer.
2. An earthern berm shall be placed around the fertilizer storage
tanks. the Berm shall be constructed of appropriate materials and
of sufficient size in order to contain all materials in case of
spills as requested by the Weld County Health Department.
* 3. Any trash or garbage generated by this proposal should be taken to
an approved landfill. Incinerators are prohibited unless they meet
Weld. County Health Department Air Quality Standards.
4. Desgin standards for Uses by Special Review, Section 24.5 et. seq.
of the Weld County Zoning Ordinance shall be complied with.
5. Operation Standards for Uses by Special Review, Section 24.6 et.
seq. of the Weld County Zoning Ordinance shall be complied with.
6. The Use by Special Review shall be limited to the plans shown
hereon and governed by the Standards stated above and all applicable
Weld County Regulations. Any material deviations from the plans
and/or Standards, as shown or stated avove, 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 and/or Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
7. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason
for revocation of the Permit by the Board of County Coumiissioners.
RA:rg
*Standard #3 was deleted as per the Resolution dated July 14 , 1982
and presented July 19, 1982
A public hearing was conducted on July 14 , 1982 at
2 :00 P.M. , with the following present:
JOHN MARTIN CHAIRMAN
CHUCK CARLSON PRO TEM
NORMAN CARLSON COMMISSIONER , Excused
BILL KIRBY COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, JEANNETTE SEARS
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
PLANNING DEPARTMENT REPRESENTATIVE, ROD ALLISON
The following business was transacted:
I hereby certify that pursuant to a notice dated June 23 , 1982 ,
duly published July 1 , 1982 in the LaSalle Leader , a public hearing
was held on the request of Alvin and Ralphina Whitman for a Use
by Special Review for an agribusiness . The Planning Commission
recommended that this request be approved with conditions and
standards . Mr . Whitman was present and answered questions .
Commissioner Steinmark questioned the need for standard number
3 . After discussion regarding this request , Commissioner C . Carlson
made a motion to grant said request with the conditions , standards ,
and that standard #3 be excluded . Commissioner Kirby seconded the
motion and it carried unanimously . Commissioner Steinmark asked
the Planning Staff to inform the Whitman ' s of any burning provisions
or regulations that must be honored in Weld County and /or the State
of Colorado .
•
C IRMAN
• BOARD OF COUNTY COMMISSIONERS
ATTEST: 1111 l�n.v�7`Q.C.Ctt�9�/ '^T/
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD_,
� 1/
BY:
,_/, 6n �,c' )? CL
DQputy County Clerk
DOCKET# 82-36
TAPE 82-49
LHR 2127
AUTHORIZE PUBLICATION OF PROCEEDINGS
MAY, 1977
BE IT RESOLVED, that pursuant to C.R.S . 1973 , 30-25-ill,
the Board of County Commissioners of Weld County, Colorado, does
hereby authorize publication of the proceedings as relate to each
claim and expenditure allowed and paid during the month of May,
1977; and does hereby further authorize publication of Public
Welfare Administration expenditures and all General Assistance
expenditures other than actual recipients of such General Assistance
Funds.
The above and foregoing resolution was, on motion duly made
and seconded, adopted by the following vote this 25th day of
May, 1977 .
THE BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: /r Q�t¢ �� veti'1 U,AnQ tiy✓ £.Cs /�
COUNTY CLERK AND RECORDER
CLERK TO THE B
lar
Deputy County Clerk
770185
LHR 7
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld
County Zoning Ordinance, a public hearing will be held in the
Chambers of the Board of County Commissioners of Weld County, Colorado,
Weld County Centennial Center, 915 10th Street, Greeley, Colorado,
at the time specified. All persons in any manner interested in the
Use By Special Review are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the Weld
County Planning Commission may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado.
DOCKET NO. 82-36 APPLICANT
Alvin and Ralphina Whitman
14200 Weld County Road 70
Greeley, CO 80631
DATE: July 14, 1982
TIME: 2 : 00 P.M.
REQUEST: Use By Special Review - an agribusiness
LEGAL DESCRIPTION
The West half of Section 20, Township 8 North, Range 65 West
of the 6th P.M. , Weld County, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER.
AND CLERK TO THE BOARD
BY: Bette M. Foose, Deputy
DATED: June 23, 1982
PUBLISHED: July 1, 1982 in the LaSalle Leader
C L.). 7
DATE: Jur 23, 1982
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections, we have tentatively set the
following hearing for the 14th day of July, 1982 at 2 : 00 P .M.
Docket No. 82-36 - Alvin & Ralphina Whitman, USR - Agribusiness
ICE OF (HE CL T,O THE BOARD
Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
nrfidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Paula A. Barton of
said County of Weld, being duly sworn, say that I am
an advertising clerk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy, has
been published in said daily newspaper for consecutive
(days) *medrs); that the notice was published in the
regular and entire issue of every number of said
newspaper during the period and time of publication of
. said notice, and in the newspaper proper and not in a
189 sr eery
l#741 memo, supplement thereof; that the first publication of said
r
:M��N�I pe. Col- notice was contained in the issue of said newspaper
tn*NMI*WOW AM►Nin
sMs MoTolesueto end bearing date
T e-- NaantsrM ton
Thirtieth
" •, .. mw ee
ia�, ' 1ne cant",m Clot lo day of June A.D. 1982
' antrt
and the last publication thereof; in the issue of said
newspaper bearing date the
ry,Eoibsl Thirtieth
stall"Shiro day of June A.D. 19 82
am
r seem itrmw
i+Ra Id11 that said The Greeley Daily Tribune and The Greeley
p N. f*Ron ao.Te.*+n'lo Republican, has been published continuously and
wild MNr lint
M.me Oh F.M.,
EOARO OF COUNTY uninterruptedly during the period of at least six
COMMISSfONERS months next prior to the first issue thereof contained
WELD COUNTY.CO,yORADO
Sy:MARY ANN FEUEgiiEIN said notice or advertisement above referred to; that said
wELR�CEfOrTY CIA
newspaper has been admitted to the United States
mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
June 30, 1982
Total charge: $12 .18
Advertising Clerk
Subscribed and sworn to before me this
30th d of _ June A.D. 19 82
"
My co issiorypires _ -'_ i.,"'
it-if-c
Notary Public
-- — = P
-IC , OF RECD MENDATION TO THE BOAR: cF c --. Olitli:SSilL JUN2 '. 1982
Date June 15, 1982 Case No. L'SR # USR-508:82:23 "`
APPLICATION OF Alvin and Ralphina Whitman
ADDRESS 14200 Weld County Road 70, Greeley, Colorado 80631
' ;CV Bob Ehrlich _so .,r. be ,_—?duced `.
_-.
Be it Resolved by the Weld County Flannino Commission that the
application for site approval of an agri-business covering
the following described property in Weld County, Colorado, to-wit:
The W1, Section 20, T8N, R65W of the 6th P.M. , Weld County,, Colorado
be recommended (favorably) (SHINIB$ S3 ) to the Board of County
Commissioners for the following reasons:
The Weld County Planning Commission recommends that this request be
approved for the following reasons:
- The submitted materials are in compliance with the application
requirements of Section 24. 7 of the Weld County Zoning Ordinance;
- It is the opinion of the Planning Commission that the applicant
has shown compliance with Section 24.3.1.1 of the Weld County
Zoning Ordinance as follows:
The proposal is consistent with the Comprehensive Plan
and is consistent with the intent of the Agricultural
Zone District in that the use does not constitute an
interference with agricultural activities. The use is
Motion seconded by Jack Holman
Vote:
For Passage Jerry Kiefer Against Passage
Bette Rountz
Bob Halleran _
Bob Ehrlich
F.d Reirherr 1
Jack Holman
Rill Tliahl
Fred Otis
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 Duna 15 1082 and recorded in Book No. VTTT of the
proceedings of the said Planning Commission.
Dated the 16 day of .June , 1982
Secretary
CASE NUMBER: USR-508:82:23
APPLICANT: Alvin and Ralphina Whitman
REQUEST: A use by Speical Review Permit for an agri-business (fertilizer
storage tanks)
LEGAL DESCRIPTION: The W1 , Section 20, T8N, R65W of the 6th P.M. , Weld County,
Colorado
LOCATION: 3.5 miles east of the town of Pierce
June 15, 1982
Page 2
both compatible with existing agricultural activity and
with land use which is contemplated to be agricultural in
the Comprehensive Plan. Furthermore, the proposal is
considered to be an agri-business use which has been
determined to be appropriate in the Agricultural District.
- No overlay districts affect the site. Operation and design
standards provide adequate protection of the health, safety
and welfare of the neighborhood and the County.
The following conditions are felt necessary for approval of the proposal:
- The attached standards for use by special review be adopted;
- The plat for the use by special review permit be placed on
record by the Department of Planning Services staff prior to
any building permits being issued on the site.
RA:rg
USR-508:82:23
Alvin and Ralphina Whitman
Standards for Use by Special Review
1. The type of use shall be fertilizer storage tank facilities for the
purpose of selling fertilizer.
2. An earthern berm shall be placed around the fertilizer storage
tanks. the Berm shall be constructed of appropriate materials and
of sufficient size in order to contain all materials in case of
spills as requested by the Weld County Health Department.
3. Any trash or garbage generated by this proposal should be taken to
an approved landfill. Incinerators are prohibited unless they meet
Weld County Health Department Air Quality Standards.
4. Desgin standards for Uses by Special Review, Section 24.5 et. seq.
of the Weld County Zoning Ordinance shall be complied with.
5. Operation Standards for Uses by Special Review, Section 24.6 et.
seq. of the Weld County Zoning Ordinance shall be complied with.
6. The Use by Special Review shall be limited to the plans shown
hereon and governed by the Standards stated above and all applicable
Weld County Regulations. Any material deviations from the plans
and/or Standards, as shown or stated avove, 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 and/or Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
7. The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason
for revocation of the Permit by the Board of County Commissioners.
RA:rg
CASE SUMMARY SHEET
Case Number : U.S.R.-508 P. C. Hearing Date : June 15, 1982
Applicant : A & R Whitman Property Owner : Alvin Whitman
Size of Parcel: 320 ± acres Staff Member to Contact :
Rod Allison
Legal Description: 141/2 Section 20, T8N, R65W of the 6th P.M. , Weld County, Colorado
Location: 31, miles east of Pierce
Existing Zoning: Agriculture
Request :
Use by Special Reviec,7 for an agri-business (fertilizer storage tanks) .
Possible Issues Summarized from Application Materials: -
Refer to letter dated May 12, 1982 from Weld County Health Department.
APPLICATION O Z q
USE BY SPECIAL REVIEW
Department of Planning Services, 915 Tenth Street, Greeley, Colorado
Phone - 356-4000 - Ext. 400
Case Number 06 2 COS Date Received S
Application Checked by
Application Fee Receipt Number \.Z j,Rsj
Recording Fee Receipt Number
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned, hereby request hearings before the Weld County Planning
Commission and the Weld County Board of County Commissioners concerning the pro-
posed Special Review Permit of the following described unincorporated area of
Weld County Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:The S2,-- Section 1
T N, R , W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit
is proposed: � ; Section . ) T4 ? N, R % r W
Property Address (if available) /9/Z7 tir); /n -( ti.-.• .• ,Z . _c)
,
PRESENT ZONE /i ,'-,.. - OVERLAY ZONES NThyw
TOTAL ACREAGE � .v
PROPOSED LAND USE ,- S 'drS (1F }i ( ;ZC { tANK5)
EXISTING LAND USE A. t{ i r N k
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR RPN,E-NG:
,
Name: ! /. v ' 1:11,Iyy1, - -)
Address: ),, - '/ ' . ' ( Al. ^ City Zip LPG, 3
Home Telephone # '// _.. ,ti ,? ,' „ Business Telephone #
Name:
Address: City Zip
Home Telephone # Business Telephone #
Name
Address: City Zip
Home Telephone # Business Telephone #
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name:
Address: City Zip
Home Telephone # Business Telephone #
Owner(s) and/or lessees of mineral rights on or under the subject properties
of record in the Weld County Assessor's Office:
Name: I,i • r,r.,.;, ' ( '-
`tit ' L -/ ;r./7 ,-v�
Address: 4/,.1 Cl :.:,�.. ""r City - •.r .,, Zip -'c ,.3/
Name:
Address: City Zip
Name:
Address: City Zip
I hereby depose and state under the penalities of perjury that all statements,
proposals and/or plans submitted with or contained within this application are
true and correct to the best of my knowledge.
COUNTY OF WELD
STATE OE' COLORADO
/12
\, nn,A . , , , Signature: Owner or Authorized Agent
ii)Subscripgdi ands sworn to before me this 3 day of 771,2c< 19 rte/
. , SW N TAAGE NTAYvf���c)a
; RP PUBLDC
My commission expiresMy Commission expires Feb ti 10Ac
•
WELD COUNTY PLANNING COMMISSION
GREELEY , COLORADO
We are submitting a special review application to the Weld
County Planning Commission.
Weld County Comprehensive Plan is consistent and acceptible
use in an Agriculture zone, with U.S . R. Permit.
Our proposal complies with Agri-business and are appropriate
in an agriculture zone district. The uses will be competable with
surrounding land uses and all surrounding uses are agriculture in
Nature , and will remain agriculture in the future . There will be
no overlay district to effect the site area. The site will take no
land out of production and the health, safety and welfare of the
inhabitants of the neighborhood and the county will not be affected
in any way.
( C
5.
a. It is a Fertilizer storage site for agriculture use .
b. the proposed site is 136 feet from our personal residental
structure .
c. This is a family ouned and operatored site . No shifts work.
d. no figue at this time .
g. 2 polyolefin fertilizer storage tanks .
h. Semi-truck, 80 ,000 lbs. - as demands requires . W. C.Rd. 90.
1. completed.
( - r
REFERRAL LIST
APPLICANT: Alvin and Ralphina Whitman CASE NUMBER: USR-508
SENT REFERRALS OUT: May 12, 1982 REFERRALS TO BE RECEIVED BY June 8, 1982
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County Attorney (plat only) Bill Diehl
Planning Commission Member
Weld County Health Department 7511 Weld County Road 110
XX Carr, Colorado 80612
I Engineering Department
XX Nunn Volunteer Fire Department
\ — County Extension Agent c/o Steve Dill
Nunn, Colorado 80648
Colorado Geological Survey 897-2200
1313 Sherman Street
Room 703
Denver, Colorado 80203
Colorado Water Conservation
Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
MAILING LIST
Alvin and Ralphina Whitman
USR-508
C. R. and Erma M. Tucker
P.O. Box 34-A
Pierce, Colorado 80650
Corp of Presiding Biship of
the Church of Jesus Christ of
Latter Day Saints
50 East North Temple R.E.
517-9602
Salt Lake City, Utah 84150
Alex and Edna Dill
Route 1
Pierce, Colorado 80650
Andrijaski Farms
19510 Weld County Road 92
Pierce, Colorado 80650
I. R. Booth and Son, Inc.
Box 386
Ault, Colorado 80610
Solomon and Betty Schlagel
Route 1 Box 62
Pierce, Colorado 80650
John and Adella M. Andrijeski
19187 Weld County Road 92
Pierce, Colorado 80650
LuVerne M. Hertzke
1230 43rd Avenue
Greeley, Colorado 80631
( ( wcHip
�/ DEPARTMENT OF PLANNING SERVIC
PHONE (303)3564000 EXT.
915 10TH STRE
GREELEY,COLORADO 80f
I. } I 0[ .:.,r. May 12, 1982
s
� ,® CASE NUMBER USR-508
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN :
Enclosed is an application from Alvin and Ralphina Whitman
for an Agri-business (fertilizer tanks) •
The parcel of land is described as the w1/2, Section 20, T8N, R65W of the
6th P.M. , Weld County, Colorado
The location of the parcel of land for which this application has been
submitted is 3. 5 miles east of Pierce
This application is submitted to your office for review and recommenda-
tions . Any comments or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations. If a response from your office is not
received within 14 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 14 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by June 8, 1982 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter.
1 . We have reviewed the proposal and find no conflicts with our
interests .
2. A formal recommendation is under consideration and will be
submitted to you prior to •
3 . x" Please refer to the enclosed letter. (tst cul)
Signed erniadee Agency W46 ' Cv #tt ' Date 5a.1L
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