HomeMy WebLinkAbout830150.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A LIQUID FERTILIZER
STORAGE AND SALES FACILITY - LLOYD AND JUDY BURBACH
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 23rd day of November, 1983, at the hour of 2 : 00
o' clock p.m. in the Chambers of the Board for the purpose of hear-
ing the application of Lloyd and Judy Burbach, 19920 Weld County
Road 52 , LaSalle, Colorado 80645 , for a liquid fertilizer storage
and sales facility on the following described real estate, to-wit:
Part of the N1 NE4, Section 32 , Township 5
North, Range 65 West of the 6th P.W. , 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 pre-
sented in this matter, and having been fully informed, finds that
this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the
application requirements of Section 24 . 7 of the Weld
County Zoning Ordinance .
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 .4 . 2 of the Weld County Zoning Ordinance as follows :
a. The proposal is consistent with the Comprehensive
Plan policies in that the use does not infringe
on continued agricultural use in the vincity or
County. The proposal does not appear to have any
adverse impacts on the agricultural interest of
the County or the environment.
b. The proposal is consistent with the intent of the
Agricultural Zone District and is provided for as
a Use by Special Review.
c. The LaSalle Planning Commission recommends approval
of this proposal .
d. The subject site is in a Flood Hazard Overlay Dis-
trict area. Operation Standards address this
concern.
LHR 20 c LUCIQS
830150
Page 2
RE: USR - LLOYD AND JUDY BURBACH
e. Use by Special Review Operation and Design Stan-
dards provide adequate protection of the health,
safety and welfare of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the application for a
Use by Special Review for a liquid fertilizer storage and sales
facility on the hereinabove described parcel of land be, and hereby
is, granted subject to the following conditions :
1. The attached Operation Standards be adopted for
this operation.
2 . The approved Operation Standards shall be placed on
the Use by Special Review Permit Plat. The Use by
Special Review Permit Plat shall be delivered to the
Department of Planning Services Office and recorded
at the Clerk and Recorder' s Office prior to the
issuance of building permits.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 23rd day of
November, A.D. , 1983 .
��1f
ATTEST: 1 0Advvatt4 /ird BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and-Recorder %.+,<
-
and Clerk to the. Board n, Chai Chuck Carls rman
Al
By: , EXCUSED
Deputy Count k John T. Martin, Pro-Tem
lam'
APPROVED AS TO FORM: EXCUSED
�-� Gene R. Brantner
County Attorney Norman Carlson
Q ) mn --
J cqu ine Jo n •on
DAY FILE: November 30 , 1983
OPERATION STANDARDS
Burbach Liquid Fertilizer Storage and Sales Facility
U.S.R. — 583:83:46
1. The uses permitted shall be a liquid fertilizer storage and sales
facility as described in the application materials on file with the
Department of Planning Services.
2. Prior to the construction of any large stationary liquid storage tanks,
the applicant shall submit a Flood Hazard Development Permit to the
Department of Planning Services. A registered professional engineer
shall certify that all tanks which are not elevated in order to be flood
proofed are designed so the tanks are watertight below the elevation of
the regulatory flood datum, and that the tanks are designed to be capable
of resisting the hydrostatic and hydrodynamic forces expected at the
building site during an intermediate regional flood.
3. All large stationary liquid storage tanks shall be surrounded by a
berm(s) of sufficient height to contain any spillage or leakage from
leaving the Use by Special Review Area.
4. The applicant shall comply with the design standards for the Use by
Special Review, Section 24.5 et seq. , of the Weld County Zoning
Ordinance.
5. The applicant shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
6. The Use by Special Review shall he limited to the plans shown hereon and
governed by the Standards as stated above and all applicable Weld County
Regulations. Any material deviations from the plans and/or Standards as shown
or stated above 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.
ARING CERTIFICATION
DOCKET #83-74
RE: USE BY SPECIAL REVIEW, LIQUID FERTILIZER STORAGE AND SALES FACILITY -
LLOYD AND JUDY BURBACH
A public hearing was conducted on November 23 , 1983 at 2:00 P. M. , with
the following present:
Chuck Carlson Chairman
John Martin Pro Tem , Excused
Gene Brantner Commissioner , Excused
Norman Carlson Caccnissioner
Jacqueline Johnson Commissioner
Also present:
Acting Clerk to the Board, Jeannette Sears
Assistant County Attorney, Lee Morrison
Planning De aredtr t Representative, Jim Mayepl
The Chairman amount that because only three Commissioners were present the
applicant has a choice of being heard today or when five Commissioners are present.
The following business was transacted:
I hereby certify that pursuant to a notice dated November 7, 1983, and
duly published November 10, 1983, in the LaSalle Leader, a public hearing
was held November 23, 1983, for the purpose of considering the application -
for a Use by Special Review, liquid fertilizer storage and sales facility,
for Lloyd and Judy Burbach: Lee Morrison, Assistant County Attorney, read
this proposal into the record. Jim Mayerl, representing the Planning
Department, informed the Board that the Planning Commission had favorably
recommended that this request be approved, with conditions and Operation
Standards. Kenneth Lind, Legal Counsel, was present representing the
applicants. He stated that the Town of LaSalle had approved this request.
Mr. Lind used a map to describe the location of the proposed site.
He added that three types of non-hazardous fertilizers will be stored
and sold from this property. Mr. and Mrs. Burbach will be the only full time
employees, however, they may have to hire some seasonal employees. The
applicants believe that approximately ten loads of liquid fertilizer will
be removed from the area and delivered to surrounding farmers. The structures
to be constructed will be liquid fertilizer tanks and a pole building for
equipment storage. The liquid fertilizer will be delivered to the property
by a tractor trailer rig and it is expected that there will be two or three
deliveries per week during the fall season and one or two deliveries per week
during the spring. The applicants were present and agreed with the Operation
Standards. Frank Reynolds, an adjacent landowner, questioned why the bard
is considering this request after it has been installed. Mr. Reynolds stated
that he has lived on his property for twenty-one years and during that time
he has seen this property flood four different times. He contended that
this site is the wrong place for this type of a facility and predicted that
if approved it will cause future problems. Mr. Lind stated that the tanks
are on the site but they have not been installed. Mr. Lind contended that
this use is the best use for this six acre parcel in the A - Agricultural
Zone District. After review, Commissioner N. Carlson moved to approve this
request with the conditions and Operation Standards. Commissioner Johnson
seconded the motion and it carried unanimously.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CIILSON' �RMAN
Weld County Clerk and_Recorder EXCUSED
and Clerk to the Board JOHN T. MARTIN, PRO-TE"I
BY: Ct�,/i.tZ �J� �-i? EXCUSED
Deputy County Clerk ) GENE R. BRANTNER
&Ad--
NORMAN CARLSON
TAPE #83-140
DOCKET #83-74
LHR20 UL _ JOHN
D FIT,P: DE ER 5, 1983
ATTENDANCE RECORD
DATE: November 23, 1983
TODAY ' S HEARINGS ARE AS FOLLOWS:
Docket #83-74 - USR - Lloyd & Judy Burbach
Docket #83-75 - USR - Trailblazer Oil & Gas, Inc.
Docket #83-71 - USR - Interstate noardcasting System
PLEASE write or print legibly your name, address and the DOCKET # (as listed
above) or the applicant' s name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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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. 83-74 APPLICANT
Lloyd and Judy Burbach
19920 Weld County Road 52
LaSalle, Colorado 80645
DATE: November 23 , 1983
TIME: 2 : 00 P.M.
REQUEST: Use By Special Review - Liquid fertilizer storage and
sales facility
LEGAL DESCRIPTION
Part of the N1 NE4, Section 32 , Township 5 North, Range 65 West
of the 6th P.M. , Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: November 7 , 1983
PUBLISHED: November 10 , 1983 , in the LaSalle Leader
y
Affidavit of Publication
STATE OF COLORADO, 1 ss
County of Weld. 1
•I e L/.GL i7�.'1/./,.z;..�/ of
NOTICE
said County of Weld, being duly sworn, say that
I am publisher of Pwaasnt ie the mnnhi4• of the State
( of Cando and die, ald County Zen-
Li r y law Ordinance.a hearing WO be
held la the Ch the rd a
that the same Is a weekly newspaper of general -CoantyCmnm Wald County.Boa
Colera}d. Weld s.,�mnnty Centennial
circulation and printed and published in the renter,915 10th Sfein Greeley.Col-
prado,at the due*Wiled.All persons
town of _ Lr ����-e' in any manner Intwitsed N the Use By
'Special Review are iiyuested to attend
in said county and state: that the notice or adver. and may be heard ',.
•
lisement, of which the annexed is a true copy, -BE R ALSO KNOWN that the text and
has been published in said weekly newspaper male so certified 6v the Weld County
}. -Planning Commission m be examined
for 7.,.:2C-,---- consecutive In the office of the Clerk to the Board of
weeks: that the notice was published in the County CommbNonen,located to the
Weld County Centsaelal Center. 915
regular and entire issue of every number of said 10th Street,Third Flyer,Greeley,Col-
newspaper during the period and time of publi- made.
cation of said notice and in the newspaper .,DOCKET NO.8379 APPLICANT
proper and not in a supplement thereof; That the Lloyd and Judy Burbach
first publication of said notice was contained in
19920 Weld County Road 52
the issue of said, ilewallovember La 23. 80 3
�+ paper beating date �t)h3� DATE: 23. 1983
�, day of I"- � A.D. 19 .1 ,l TIME:E T:PUs
REQUEST: Use By SOedal Review
and the last publication thereof, in the issue at -Liquid(seeker none and sales latlll-
N
acid trlswspaper bearing date. the ...i.e-- day of LEGAL DESCRIPTION
"aide'newspaper
-Part of the NW lank, Section 32,
j'c' `�'r
� °1 19 lacii that the said Township 5 North.Range 65 West ot the
6th P.M.,Weld Camay,Colorado
BOARD OF COUNTY
�.,.(�� j� /1_ COMMISSIONERS
n r Aid,/ WELD COUNTY,COLORADO
has been published continuously and uninlerrupt. $Y:MARYANN FEUERSTEIN
COUNTY CLERK AND
edly during the period of at least fifty-two con- ' RECORDER AND CLERK TO
secuhve weeks next prior to the first issue thereof THE BOARD
BX;$ary Reiff.Deputy
containing said notice or advertisement above DATED:November 7,1983
referred to; and that said newspaper was at the Published In the 1a Salle Leader
Thursday.November I0.1983.
time of each of the publications of said notice,
-duly qualified for that purpose within the mean- -
ing of on act, entitled. "An Act Concerning Legal
Notices, Advertisements and Publications, and
the Fees of Printers and Publishers thereof, and
to Repeal all Acts and Pans of Acts in Conflict
with the Provisions of this Act." approved April 7,
1921, and all amendments thereof, and particu.
lady as amended by an act approved, March 30.
2 an act
ctt approv May 18, 1931.
4,2427
2 Publisher
/L�
Subscribed and sworn to before me this
day of •— t-1L- A.D.. 19J
ell
My commission expires ._..---_(/— 7 -1'3 __-..
Notary Public
ELIZABETH MASSEY
22U , CO 8063)
DATE : Nave or 7 , 1983
i'0: The Board of County Commissioners
Weld County, Colorado
ROM: Clerk to the Board Office
commissioners :
If you have no objections, we have tentatively set the
Tollowing hearings for the 23rd day of November, 1983 , at 2 : 00 P .M.
Docket No. 83-74 - Lloyd and Judy Burbach, USR-liquid fertilizer
storage and sales facility
Docket No. 83-75 - Trailblazer Oil and Gas , Inc. , USR-natural gas
processing plant
OFFICE OF THE CT RK TO THE BOARD
BY: aer 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
//
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMIS ION 4
LL //,0,5 a,m, i l f!
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMM IONERs _ ____ _ L✓)
Moved by Jack Holman that the following resolution be introduced for passage
by the Weld County Planning Commission. Be it Resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: USR - 583:83:46
NAME: Lloyd and Judy Burbach
-ADDRESS: 19920 Weld County Road 52, LaSalle, CO 80645
REQUEST: A Use by Special Review Permit for a Liquid Fertilizer Storage and
Sales Facility.
LEGAL DESCRIPTION: Part of the Nz NE1, Section 32, T5N, R65W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: One (1) mile northeast of LaSalle; south of Weld County Road 52 and
west of Weld County Road 41.
he recommended favorably to the Board of County Commissioners for the
following reasons:
1. The submitted materials are in compliance with application requirements
of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Planning Commission that the applicant has shown
compliance with Section 24.3. 1 et seq. of the Weld County Zoning
Ordinance as follows:
- The proposal is consistent with the Comprehensive Plan policies in
that the use does not infringe on continued agricultural use in the
vicinity or County. The proposal does not appear to have any
adverse impacts on the agricultural interests of the County or the
environment;
- The proposal is consistent with the intent of the Agricultural Zone
District and is provided for as a Use by Special Review;
- The LaSalle Planning Commission recommends approval of this
proposal;
- The subject site is in a Flood Hazard Overlay District area.
Operations Standards address this concern;
- Use by Special Review Operations and Design Standards provide
adequate protection of the health, safety and welfare of the
neighborhood and County.
The Planning Commission recommendation for approval is conditional upon the
following:
1. The attached Operation Standards being recommended and approved for this
operation.
2. The approved Operation Standards shall be placed on the Use by Special
Review Permit Plat. The Use by Special Review Permit Plat shall be
delivered to the Department of Planning Services office and recorded at
she Clerk and Recorder's Office prior to the issuance of building
permits.
Motion seconded by: Doug Graff
USR - 583:83:46
Lloyd and Judy Burbach
A Use by Special Review Permit for a Liquid Fertilizer Storage and Sales
Facility.
Part of the N1 NE1, Section 32, T5N, R65W of the 6th P.M. , Weld County,
Colorado.
November 1, 1982
Page 2
Vote:
For Passage Against Passage
Jack Holman
Sharon Linhart
Paulette Weaver
Doug Graff
Bob Ehrlich
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
November 1, 1983 and recorded in Book No. VIII of the proceedings of the said
Planning Commission.
_Dated the 2nd day of November, 1983.
Secretary
Date: Nova 1, 1983
CASE NLIBER: USR-583:83:46
NAME: -Lloyd and Judy Burbach
REQUEST: A Use by Special Review Permit for a Liquid Fertilizer Storage and Sales Facility
LEGAL DESCRIPTION: Part of the N%2 NE , Section 32, T5N, R65W of the 6th P.M. , Weld County
LOCATION: One (1) mile northeast of La Salle; south of Weld County Road 52 and
west of Weld County Road 41
-I'HE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in -compliance with application requirements
-of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services staff that
the applicant has shown compliance with Section 24.3.1 et seq. -of
the Weld County Zoning Ordinance as follows:
- She proposal is consistent with the Comprehensive Plan policies
in that the use does not infringe on continued agricultural
use in the vicinity or -County. The proposal does not -appear
to have any adverse impacts on the agricultural interests of
the County or the environment;
- She proposal is consistent with the intent of the Agricultural
Zone District and is provided for as a Use by Special Review;
- The La Salle Planning Commission recommends approval of this
proposal;
- The subject site is in a Flood Hazard Overlay District area.
Operation Standards address this concern;
- Use by Special Review Operations and Design Standards provide
adequate protection of the health, safety and welfare of the
neighborhood and County.
The Department of Planning Services staff recommendation for approval is
tonditional upon the following:
1. The attached Operation Standards being recommended and approved
for this operation;
2. -The approved Operation Standards shall be placed on the Use by
Special Review Permit Plat. The Use by Special Review Permit
Plat shall be delivered to the Department of Planning Services
•
and recorded at the Clerk and Recorder's Office prior to the
issuance of building permits. _
MSM:rg
OPERATION STANDARDS
Burbach Liquid Fertilizer Storage and Sales Facility
USR-583:83:46
1. The uses permitted shall be a liquid fertilizer storage and sales
facility as described in the application materials on file with the
Department of Planning Services.
2. Prior to the construction of any large stationary liquid storage
tanks, the applicant shall submit a Flood Hazard Development Permit
to the Department of Planning Services. A registered professional
engineer shall certify that all tanks which are not elevated in
order to be floodproofed are designed so the tanks are watertight
below the elevation of the regulatory flood datum, and that the
tanks are designed to be capable of resisting the hydrostatic and
hydrodynamic forces expected at the building site during an intermediate
regional flood.
3. All large stationary liquid storage tanks shall be surrounded by a
berm(s) of sufficient height to contain any spillage or leakage
from leaving the Use by Special Review area.
4. The applicant shall comply with the design standards for the Use by
Special Review, Section 24 .5 et seq. , of the Weld County Zoning
Ordinance.
5. The applicant shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
6. The Use by Special Review shall be limited to the plans shown
hereon and governed by the Standards, as stated above, and all
applicable Weld County Regulations. Any material deviations from
the plans and/or Standards as shown or stated above 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
Tlanning 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.
MSM:rjg
LAND USE APPLICATION
SUMMARY SHEET
Date: November 1, 1983
CASE NUMBER: USR 583:83:46
NAME: Lloyd and Judy Burbach
ADDRESS: 19920 Weld County Road 52, LaSalle, CO 80645
REQUEST: A Use by Special Review Permit for a Liquid Fertilizer Storage and
Sales Facility
LEGAL DESCRIPTION: Pt. of the N1 NE4, Section 32, T5N, R65W of the 6th P.M.
LOCATION: Approximately one mile northeast of LaSalle; south of Weld County
Road 52 and west of Weld County Road 41.
SIZE OF PARCEL: 6.01 acres
STAFF MEMBER TO CONTACT: Mike Mullen
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this proposal is listed in Section 24. 3 of the Weld
County Zoning Ordinance.
The site is located within the flood plain of the South Platte River. If the
USR Permit is approved, the applicant will be required to comply with the
Flood Hazard Development Permit process for the construction of the liquid
fertilizer tanks.
The Lower Latham Ditch and Reservoir Company has voiced concern about the
placement of this facility in the vicinity of their ditch (see enclosed
letter). Staff will develop an Operation Standard to address the concern of
possible spillage or run—off.
FIELD CHECK
FILING NUMBER: USR-583:83:46 DATE OF INSPECTION: October 24, 1983
NAME: Lloyd and .1ndy Burbach
REQUEST: A Use by Special Review Permit for Liquid Fertilizer Storage and Sales
LEGAL DESCRIPTION: Part of the N' NE1. Section 32, T5N, R65W of the 6th P.M.
LAND USE: N Weld County Road 52. mobile home to the northwest, Latham Ditch, Farm
Residence, Pasture, Union Run-off Ditch
E Weld County Road 41. tank batteries, pasture
S one (1) residence. two (2) farm residences, Union Ditch, irrigated
cropland
W Pactnre
ZONING: N Agricultural
LOCATION: Approximately one (1) mile northeast E Agricultural
of La Salle; south of Weld County Road 52 and S Agricultural
west of-Weld County Road 41 W Agricultural
COMMENTS:
The subiect site is located within the flood plain of the South Platte River. The
site drains into the Union Run-Off Ditch which flows to the Latham Ditch. Improvements
on the six (6) acre parcel include a residence, garage, several pole sheds, and
four (4) liquid fertilizer trailer-tank rigs. The remainder of the site is in pasture.
Acces is to Weld County Road 52, a gravel road.
BY: atLtOc. I17c� vJa�
Michael S. Mullen, Current Planner
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APPLICATION ,w.
� 7 . r_;E
USE BY SPECIAL REVIEW l d2•n,•�,,, r
D'� z2;� aLii ,
Department of Planning Services, 915 Tenth Street, Greeley iolorad
Phone /- 356-4000 - Ext. 400 4 9 1983
Case Number use 583: 83: Y Date Received
Application Checked by MSM Weldd Co.
Planning-Commission
Application Fee /55 O 0 Receipt Number a3
Recording Fee /o .0O Receipt Number 5 7 -
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:
(Part of)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: N 1/2 NE 1/4 Section 32
T 5 N, R65 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit
is proposed:N 1/2 NE 1/4 Section 32 T 5 N, R65 w (Part of)
(for full legal description, see attached)
Property Address (if available) 19920 Weld Cty Road 52 LaSalle, CO 80645
PRESENT ZONE Agriculture OVERLAY ZONES
TOTAL ACREAGE 6.01
PROPOSED LAND USE Agricultural
EXISTING LAND USE Agricultural
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: Lloyd R. and Judy P. Burbach
Address: 19920 Weld Ctv Road 52 City LaSalle ZiP 80645
Home Telephone # 284-5238 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: Lloyd R. and Judy P. Burbach (1/2 owner)
Address: 19920 Weld Cty Road 52 City LaSalle Zip 80645
Name: Lester W., Katie I., Glenn L., and Elsie Clark (1/2 owner)
Address: 17555 Road V City Ft Morgan Zip 80701
Name: Colorado Land Services (Lessees)
Address: 5411 Gunbarrel Circle City Longmont Zip 80501
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 OF COLORADO ) 4
Signs re: er or Authorized Agent
Subscribed and sworn to before me this 2—0/tthddday of Seitember /�f 19 83
SEAL l., "!A� cC ', "4(/X/
1` fsd Poll Eleven Ave a Greeley, CO
My Commission pares
My commission expires August 77 1987
KENNETH F. LIND i
THE LAW BUBDMG
GEORGE H. OTTENHOFF ��� 23 1953 0iI ELEVENTH AVENUE
P.O.BOX 326
ATTORNEYS AT LAW ELEY, COLORADO 80632
Weld Co. Planning Commission
September 19, 1983 TELEPHONE O03)353.2323
Weld County Department of Planning Services
915 Tenth Street
Greeley, Colorado 80631
Re: Use by Special Review Application
(Burbach)
Gentlemen:
Attached to this letter are supporting documents, maps and fees for
consideration by your office of a Use by Special Review Application. Please
consider this letter as a part of said Application, as it does address Application
requirements.
The proposed Special Use is for the operation of a liquid fertilizer storage
and sales business. The property is currently located in the agricultural zoning
area, and this use is directly related to agricultural business, therefore, it is a
permitted use pursuant to special review. As the property is to be used for
agricultural and agricultural related purposes, it is consistent with the Weld
County comprehensive plan. Surrounding uses are all agricultural, and therefore,
it is totally compatible with those existing surrounding uses. The Weld County
comprehensive plan does not show this to be a developed area, but as it is
located near the town of LaSalle and is used for agricultural purposes it is in
compliance with the master plans of LaSalle. Finally, as the parcel of land is . -
a little more than six acres this use cannot be considered as prime agricultural
land but is a use which will help neighboring properties to become more
productive agricultural properties. Additionally, the liquid fertilizer is not a
dangerous product, either as related to toxicity or fire and should not create any
health, safety or welfare problem for the neighborhood.
It is contemplated that the initial use will be related only to liquid
fertilizer. In the future dry fertilizer may be added as a part of the operation,
but that is not currently contemplated. The proposed storage area for the liquid
fertilizer and liquid fertilizer storage tanks is approximately 200 feet from the
residence of the applicants. It is expected that the two applicants will work at
the business, and there may be two other seasonal employees working one shift,
mainly during fall and very early spring with hours to be approximately 7 a.m.
to 6 p.m. The applicants believe that approxiimately ten loads of liquid
fertilizer will be removed from the area and delivered to surrounding farmers.
The structures to be constructed will be liquid fertilizer tanks and a pole
building for equipment storage. The liquid fertilizer will be delivered to the
property by a tractor trailer rig using state and county roads, and it is
contemplated that there will be two or three such deliveries per week during the
fall season and one or two deliveries during very early spring. Additional
vehicular traffic will be either pick up by customers or delivery to those
customers expected to be ten trips per day. In other words, increased traffic
C
Weld County Department of Planning Services
September 19, 1983
Page Two
and vehicle use is minimal.
The delivery truck is believed to total approximately 25 tons, and the
applicants propose to have eight 1000 gallon tank trailers utilized for delivery
of the liquid fertilizer to customers. These tanks weigh approximately five ton
(loaded) including the trailer. They are of small enough size to be moved by a
pickup.
As construction of any facilities is very minimal (consisting of only two or
three large storage tanks and one pole building for equipment storage) it is
believed that construction can be completed in two weeks. Construction of the
tanks will include a gravel base and approximately two foot berm around the
liquid storage tanks in case of any leakage or spillage.
As this proposed use is consistent with orderly development and is directly
related to agricultural uses in the County, we request that you approve this
Special Use.
Very truly yours,
LINDA& pTTENHOFF
7
Ke4neth F. Lind
KFL/cg •
Enclosure
V
, N'
KENNETH F. LIND
1 ^J• I ..THE LAW BUILDING
GEORGE H. OTTENHOFF ir: C . 1011 ELEVENTH AVENUE
a n7 1 1 P.O.BOX 326
ATTORNEYS AT LAW All
�:i (Jul 1983 j GREELEY, COLORADO 80632
ATTORNEYS AT LAW
A
TELEPHONE(303)353-2323
Weld Co. Planning Commission
October 12, 1983
Weld County Department of Planning Services
915 10 Street
Greeley, CO 80631
Re: Use by Special Review Application
(Burbach Fertilizer Operation)
Gentlemen:
Please let this letter serve as a supplement to the above referenced
application.
It has been determined that the subject property is located within a flood
plain hazard development area as determined by the Army Corp of Engineers,
South Platte Study. This is considered to be a "overlay" district within the Weld
County zoning requirements, and this letter is to confirm that the applicant will
comply with any special requirements or regulations for the flood hazard
construction and will apply and receive all necessary permits for construction of
the tanks as needed. The tanks will be constructed and installed in such a
manner that the same will not be deemed to be hazards in the event of any
flood.
Very truly yours,ND enneth F. Lind
KFL/cg
•
•
A tract of land located in the N4NE+ of Section 32, Township 5 North ,
Range 65 West of the 6th P.M. , WELD COUNTY, COLORADO, and being more
particularly described as follows :
Commencing at the NE corner of said Section 32 and considering the
East line of . the NE+ of said Section 32 to bear South 00° 45' 10"
West and with all other bearings contained herein relative thereto:
Thence South 00° 45' 10" West, along the East line of the NEq of
said Section 32, 1 ,329,41 feet to the SE corner of the NNEI of said
Section 32;
Thence North 89° 07' 28" West , along the South line of the NINES of
said Section 32, 30.00 feet to the TRUE POINT OF BEGINNING;
Thence continuing North 89° 07 ' 28" West , along the South line of the
NINE° of said Section 32 , 201 .13 feet ;
Thence North 00° 45' ,10" East, 1 ,299.98 feet to a point on the South
right-of-way line of an existing County Road;
•
Thence South 88° 58' 52" East , along said South right-of-way line of
the existing County Road, said line also being parallel to and 30 feet
as measured at right angles to the North line of the 11Eq of said
Section 32, a distance of 201 .13 feet to the point of intersection
of said South right-of-way line and the West right-of-way line of
an existing County Road;
Thence South 00° 45' 10" West, along said West right-of-way line of
the existing County Road,said West right-of-way line also being
• parallel to and 30 feet as measured at right angles to the East line
of the NEI of said Section 32, a distance of 1,299.48 feet to the
TRUE POINT OF BEGINNING.
(
•
I.° 1
•')CK �p 1 _o doek.� 1 M. JUL 71977 T
�-i alt R..nld'..n Nn. 1721894 ..._.— MARY ANN FEUERSTEIN Recorder. CJ
RECORDER'S STAMP
1 Thin 1J P.EU, Y.Watms Sixth dayof July ,
:7.heweco
I Os
i) .
iI •T',"•• m'•r-.:. -a unmarried woman State Documentary Fee
G. Dote JUL j71977
of the Coonry of Weld end state of S---.fit ed
w
Colorado,of the first pa ,and paste
co
ti Lloyd Richard Burbach and Judy P. Burbach, husband
t-t and wife (2:7 - ❑ 4, La Salle, Colorado)
of the County of Weld sad Stab of Colorado,of the second part:
• e WITNESSETH,that the as Id party of the first part,for and In consideration of the sum of fs
Other coed and valuable conciaerations and Ten DOLLARS,
I in
q to the maid party of the tint part in hand paid by the said parties of ascend whereofreceipt the part,the a+lpt Is we
`fs,6J){ hereby confessed end acknowledged,has granted,bargained,sold and conveyed,and by these presents do
grant,bargain,sell,convey and confirm onto the said parties of the second part,their heirs and assigns forever,not o -
....../....... tenancy in common but In joint tenancy,all the following described lot or parcel of land,situate,lying and
being in the County of Veld and State of Colorado,to wit: - F
7
I
i
TOGETHER with a0 and singular the hereditaments and appurtenances thereat,belonging,or in anywise
appertaining,the reversion and reversions,remainder and remainders,rents,blues and profits thereof;and all the
estate, right,title, Interest claim and demand whatsoever of the said part y of the first part,either in law or
l equity,of,in and to the above bargained premises,with the hereditament and appurtenances.
( TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,onto the said
parties of the second part,their heirs and assigns forever.And the said part y of the lint part,for her
self her heirs,executors,and administrators do covenant grant bargain and agree to and with the _
said parties of the second part,their heirs and assigns,that at the time of the enscaling and delivery of these pees-
eats she is welt silted of the premises above conveyed, as of good, sure, perfect, absolute end indefeasible
estate of Inheritaun.In law,In fee simple,and he a good right,full power and lawful authority to grant bar-
; pin,sell end te.uq the same in manner and form aforesaid,and that the same are free and clear from we former
and other grant,,bargains,sales,liens,tares,assessments and encumbrances of whatever kind or nature saner.
Iascent all trues and a...,_.,_...ont: due and payable subceltent to the date hereof;
and subject to restrictions, easements, and reservations of record, if any;
and the above bargained premises in the quiet and peaceable po ion of the said parties of the second part their
I hairs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said next y of the first pert shall and will WARRANT.AND FOREVER DEFEND.
IN WITNESS WHEREOF the said pan' of the first part ha a hereunto set her head and
I seal the day and year first+Love written.
llL
II signed.Snled and Delivered In the Presence of .12.2.:4-i.._.-.I _v_ C-!_ taw.]
''I . lie Garza an efimerried woman)
- - ._ -
'I l ..--- ----' V--- -(SEAL]
iI STATE 03 COLORADO, I'S
Ii.e;` c. El 7., Comt'of Weld
n T.,,ter. ...rgtrament was eth ne a red before me this 6 Tie day of ,Y• -1/7,t,'ID 7'brt>'Jaftie Garza, an unmarried woman r/
.1., • ,M Dal Lcityp& edlipires vC....2 9 .1957.Witness e,y bend and official seal
ii
Na.1!.waaaaNT Drrtiv.1.15, ..a,.drae ryIiW,I.e h.settee ets,t Stank Daum,bY,Ja_t115
•rf bT natural b a Irr,-,s hrre'noel n and n ;It be pane.saline la neeeseetatl,e or*Male' paean se
n' an,.en.y.ln.enci nr nth.,oapa.lte ar arrcrl,.,a.n:if ter aft",..r c..,,
of . ••nn alb •the yre.IIent..r vlh.r sown r soars enmaratl,.n, an,Int u—aulslwe
.1. ..... .d...-. ul.. ...1 I.., ..urll.,
6 •
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BOOK
S32
1723894
A tract of land located in the NINE} of Section 32, Township 5 North,
Range 65 West of the 6th P.M., WELD COUNTY, COLORADO, and bein
particularly described as follows; g more
Commencing at the NE corner of said Section 32 and considering the
East line of the NE of said Section 32 to bear South 00° 45' 10"
West and with all other bearings contained herein relative thereto;
Thence South 00° 45' 10" West, along the East line of the NEI of
said Section 32, 1,32.9.41 feet to the SE corner of the NNE of said
Section 32;
Thence North 89° 07' 28" West, along the South line of the N}NEt of
said Section 32, 30,00 feet to the TRUE POINT OF BEGINNING;
Thence continuing North 89° 07' 28" :lest, along the South line of the
h1NE.} of said Section 32, 201.13 feet; '
Thence North 00° 45' 10" East, 1,299,98 feet to a point on the South
right-of-way line of an existing County Road;
Thence South 88° 5S' 52" East, alon;; said South right-of-way line of
the existing County Road, said line also being parallel to and 30 feet
as measured at right angles to the North line of the NEt of said
Section 32, a distance of 201,13 feet to the point of intersection
of said South right-of-way line and the West right-of-way line of
an existing County Road;
Thence South 00' 45' 10" West, along
the existing County Road,said Westright- right-of—way
line alsoabeinge of
f
the Eat l
of ,heeNEI o and 30 fet as
of said Section 32, ar distance gof 1,1299,48gles ofeet to stheiae
TRUE POINT OF BEGINNING,
I
/
REFERRAL LIST
APPLICANT: Lloyd R. and Judy P. Burbach CASE NUMBER: USR-583:83:46
SENT REFERRALS OUT: September 29, 1983 REFERRALS TO BE RECEIVED BY October 26, 1983
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County Attorney (plat only) Bruce Kamata, Mayor
Town of La Salle
Weld County Health Department P.O. Box 717
XX La Salle, Colorado 80645
Engineering Department 284-6931
XX
County Extension Agent Sandy Vannest, Secretary
Lower Latham Ditch Company
Colorado Geological Survey P.O. Box 398
1313 Sherman Street Kersey, Colorado 80644
I----Room 703 356-4052
Denver, Colorado 80203
Ed Reichert
Weld County Planning Commissio,
19279 Weld County Road 17
Johnstown, Colorado 80539
Gary Sandau
La Salle Fire Protection Dist.
State Engineer P.O. Box 245
Division of Water Resources La Salle, Colorado 80645
1313 Sherman St. , Room 818 284-6336
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
K
THE LOWER LATHAM DITCH AND RESERVOIR CO.
October 12, 1983 ' 5::
Mr. Michael S. Mullen
Dept. o£ Planning Services gC� p
boirgP
915 Tenth Street QM%%or,
Greeley, CO 80631
Dear Mr. Mullen:
This letter is in response to an application filed on behalf
of Lloyd a. and Judy P. Burbach (Case No. USR 583:83:46) for
approval to establish a liquid fertilizer plant. The Lower
Latham Ditch is a short distance from the proposed site and
drainage from the area would flow to the ditch.
Our only concern would be that adequate measures be taken in
planning and construction so as to impound all materials on the
plant site that could possibly flow into the ditch. An acci—
dental spill or run—off from a heavy rain could possibly con—
taminate irrigation water in our ditch. This could be a serious
problem since Latham water serves several thousand acres of
farm land.
Thank you for the opportunity to review and submit our recom—
mendations.
Sincerely,
LOWER LATHAM DITCH CO.
Jim Park
President
JP/skv
M-s) jarie If ,: f [ H F r, ! riViCE
PROM t303I J5G-4000 Ex T. 41)0
\ 915 10TH STREET
� Ji i !n-his �E\;Y4 � GREECE V,COIORA DO 8063'.
u i 2, 1983 j. CASE NUMBER
csP-583:83:46
COLORADO WC)I) co Planning Omission September 29, 1983
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Lloyd R. and Judy P. Burbach
for a Llse by Spec•at Review Pesm't £or a L'quid Fertilizer Stor_B and 4 1as O ration.
The parcel of land is described as part of the N1 NE'a. Section 32. T5N.
R65W of the 6th P M . WeJd County Colorado
The location of the parcel of land for which this application has been
submitted is One (1) mile northeast of La Salle: south of Weld County Road 52 and
west of Weld County Road 41
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 October 26. 1983 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 . Please
�rr7eferr� to the enclosed letter.
Signed cnE a} 52 � e �- cy Date I •, '
Michael S. Mullen, Current Planner
MSM:rjg
o
�, RECEIvr ^ :,83
y� . ,;:vase :lumber' U5R-583:83:46
, ';-, 71,i
7� Ci ' !cn11, PHC .E 43oJ 3S6-4(:3) _%T ..c�
'I � 1—
, r
915 10TH STREET
pI Vvl 9-' 1C,r J
an EELEY.COLD?App 30G31
I1
September 29, 1983
=a Weld Co. Planning Cmnrssion
COLORADO
REFEP2AL
TO WHOM IT MAY OMCEi:::
Enclosed is an 'iPp'ic:tion from Lloyd and Judy Burbach
for c Use by Special Review Permit for a Liquid Fertilizer Storage and Satpc Operation
The parcel of land is described as part of the Mb NE . Section 37 TSN R65W of
the 6th P.M. , Weld County, Colorado
The location of the parcel of land for which this application has been submitted
is One (1) mile northeast of La Salle; south of Weld County Road 52, and west
of Weld County Road 41
c-
This application is submitted to your office for review and recommendations. Any •
comments or recommendations you consider relevant to this request would be ap-
preciated. Your prompt reply will help to facilitate the processing of the pro-
posal and will ensure prompt consideration of your recommendations. If a response
from your office is not received within 21 days of mailing from our office, it
may be interpreted to mean approval by your office. If you are unable to respond
within 21 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 nrtnhnr ,6 19(13 so that we may give full consideration
to your reccmmencation.
1. We have reviewed this request and find that the request 661-1--c-- (dnec/
_does not) comply with our Comprehensive Plan for the following reasons:
2. We do not have a Comprehensive Plan but we feel this request
is not) compatible with the interests of our town for the following reasons:
A .
•
3. A formal recommendation is under consideration and will be submitted to you
prior to
4. Please refer to the enclosed letter. '
Sinned / 4 Agency iii--0177,V4116,V4c
/ Date /v4S .fPJ
G'
Thank you very much for your help and co-operation in this matter.
SL C • h1
Michael S. Mullen, Current Planner
•
MSM:rjg
f.� 1/4` l/w I9 ni. , ,,,i, ,i .,000 Ex i CM
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RECEIVE „5 , ,sTR T
* �`≤. s ' s�ANITAi ION 0
IVIS,ON .,Ri[LEY COLORADO 80631
r ° ® sEp2� �'8�
a,.: * CASE NUMBER USR-583:83 :46 IIICOLORADO
OORA *W1' nom`t September 29, 1983
L LDO [l� REFERRAL
TO WHOM IT MAY CONCERN :
Enclosed is an application from Lloyd R. and Judy P. Burbach
for a Use b Sneci al R vie 't • 'a -" ' 'z cr ace nd Gates One ation.
The parcel of land is described as part of the NI NE4. Section 32 . T5N.
P65W of the 6th P M . Weld County Colorado
The location of the parcel of land for which this application has been
submitted is One (1) mile northeast of La Salle- south of Weld County Road 52 and
west of Weld County Road 41
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-
tata 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 October 25. . 983 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 . P1\ "Packs Muskbe berned w 4k ac1e%uatt t&Qnci+� iMmse4acr.11
2 . A foLmal recmmnendation is under consideration and will be
submitted to you prior to
3 . Please refer to the encloser (r
Si ,ned �) )� ////� �/ A • p Date /0 �6 J �>
7 4 /;.7/ 7
/11,2a.a.DS, /1-4-2:2(g .
Weld Co. Planning Commission
Michael S. Mullen, Current Planner
MSM:rjg
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MAILING LIST
USR-583
Lloyd and Judy Burbach
John Lee Alles
24708 Weld County Road 41
La Salle, CO . 80645
Theresa Leftwick
c/o Theresa Bainbridge
19533 Weld County Road 52
La Salle, CO 80645
Earl D. Mackey
24707 Weld County Road 41
La Salle, CO 80645
Robert Ikenove
19709 Weld County Road 52
La Salle, CO 80645
Frank L. Reynolds
20282 Weld County Road 54
Greeley, CO 80631
Larry Tomlison
24705 Weld County Road 41
La Salle, CO 8061 96
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MINERAL OWNERS AND LESSEES
Owners: Lloyd R. and Judy Burbach
19920 Weld Cty Road 52 LaSalle, Colorado 80645 (1/2 owner)
Lester W. Clark, Katie I. Clark, Colonn L. Clark, and Elsie Clark
17555 Road V Ft Morgan, Colorado 80701 (1/2 owner)
Lessee: Colorado Land Services
5411 Gunbarrel Circle Longmont, Colorado 80501
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