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Home My WebLink About840904.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR EXPANSION OF A NON--CONFORMING USE - AGLAND, INC. 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 5th day of December , 1984 , at the hour of 2 : 00 o' clock p.m. :'..n the Chambers of the Board for the purpose of hearing the application of Agland, Inc. , P.O. Box 338 , Eaton , Colorado 80615 , for a Use by Special Review for expansion of a non-conforming use on the following described real estate , to-wit : Part of the SEi, Section 21 , Township 8 North, Range 62 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 request of the applicant and the recommendations of the Well County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 .. 2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the 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 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. No overlay districts affect the site. :x40'704 / A 4511 d. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Agland, Inc. for a Use by Special Review for the expansion of a non-conforming use be , and hereby is , granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services Office and compliance with Operation Standard #2 has been met . The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of December, A.D. , 1984 . 1 BOARD OF COUNTY COMMISSIONERS ATTEST: a4J“t:; , �C1n.d WELD COUNTY, COLORADO ff Weld County 't;lerk and Recorder EXCUSED and Clerk to the Board Norman Carlson , Chairman BY: >� J1 i) c �/ ��C2u ine son Pro-Tem Deputy Countyrk V(1 L ; APPROVED AS TO FORM: 10 R. Brantne 6----H>74-- �� S CarlsonCounty tl orney /iz ,/. JSXnn T. Martin OPERATION STANDARDS Agland, Inc. USR-656 : 84 :52 1 . The uses permitted shall be a farm supply business as described in the application materials on file with the Department of Planning Services. 2 . Petroleum is considered a hazardous substance per C .R. S . 29-22-107 (2) (a) . Prior to the issuance of building permits the applicant shall list the maximum quantity of petroleum expected at the site with the State Health Department, Division of Waste Management and with the Weld County Emergency Response Coordinator. Evidence of this .'listing shall be provided to the Department of Planning Services prior to the issuance of building permits. 3 . All above ground storage tanks shall be bermed . The berm shall be capable of containing the capacity of each storage tank, assuming a full tank. 4 . The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 5 . 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. 6 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 7 . Representatives or members of the Weld County Health. Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8 . 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 he filed in the office of the Department of Planning Services . 9 . 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 . HEARING CERTIFICATION DOCKET NO. 84-80 RE: USE BY SPECIAL REVIEW - EXPANSION OF A NON-CONFORMING USE -. AGLAND, INC. A public hearing was conducted on December 5, 1984, at 2:00 P.M. , with the following present : Commissioner Norman Carlson, Chairman - Excused Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson Commissioner John Martin Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated November 19, 1984, and duly published November 21, 1984, in the La Salle Leader, a public hearing, was conducted to consider the application of Agland, Inc. for a Use by Special Review for the expansion of a non-conforming use. Chairman Pro-Tem Johnson advised the applicant that only four Commissioners were present. She stated that the applicant could request that this hearing be continued to a date when all Commissioners will be present, or if the hearing is conducted today and results in a tie vote, the Commissioner absent today would have to listen to the tape and cast the deciding vote at a later date. Lee Morrison, Assistant County Attorney, read this application into the record. Rod Allison, representing the Planning Department, read the favorable recommendation of the Planning Commission into the record, stating that nine Operation Standards have been proposed for this Use by Special Review. Robert Garton, representing the applicant, came forward to answer questions of the Board. Mr. Garton stated that the applicant would comply with the recommended Operation Standards. No comments were made by members of the audience. Commissioner C. Carlson moved to approve the Use by Special Review application of Agland, Inc. , subject to the conditions and Operation Standards as proposed. Commissioner. Brantner seconded the motion which carried unanimously. APPROVED: f) 1 BOARD OF COUNTY COMMISSIONERS ATTEST: • ' ta,. (�Qwvvv"Tat,n/ WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board"' Norman Carlson, Chairman y: P Y Y % cy \Xtda�. $Y:_�� L`/ �- y2-ey _ �f��, jai . 1111Ikk1��l�� De t Count Cletk J.cque%ne Jo on, Pro-Tem >CAIe y Gene R. Brantner c -C2,. .< -a-e, ck Car son J ' n T. Martin Y TAPE #84-132 DOCKET #84-80 LHR 2223 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS: DECEMBER 5, 1984 DOCKET #84-80 - USR, Expansion of Non-Conforming Use - Agland , Inc . DOCKET #84-74 - -00Z , A to P.U.D. , Beebe Draw Cattle Company DOCKET # PLEASE write or print legibly your name, adrdress and the DC'C 4 (as Li':t,�(1 above) or the apr'licants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING '..1 9:34,,942*;'.ter.e�»-jam — -- m'//6/ifelA,. ;.n/6 :54a/ 5 au/J.c:-- :/zi,,o..' el.;/ l .sJ�.�id �, /'ci l/, /?• f c-i t c /�2U [iahi� �Ilee,e, /'v . _RPoeo 4 rr,e il/7 -...-70WCZO:4.64.›LAL"704'..C.7,47;:i 11 p,x1_3 \ % \t' C Vx•c 5�., <".� X74►► w,: Qt 1 _ -4'y -t- --. li.: lA.c‘4C AD CSC .'K,. _ '\. _M., 1. . . A. c-;e.Li e',P g Z ii ("!‘e .-A-et. t/ ,^j' .s7li.. ,,..,k, (1;,..e. �✓f.; !•i. r.r'r,�: 1 "'• E - / ..i 1 .V / 1I '/ 3 41...A7,4_,..,, ic,_e .,-..„1-,....t.,..„,.. Jai., 4.L--. 1,.7,i i/ /3 5Z) tt iOt V9' Y.Ce �/C'y U7, 6 e �' ?:"/.:- /a.l' ,....-2.4.c: _ -- •,, ' ? F 't e, 1 y ,-.3 '-) -.3 „L'` '• _ :., r •, J l tr N J ' 'r' " c,,-,4 1 ir'd ti a .cc. .i4'//e 6, Jc Pe c :y [ r:.' •-ri..'.T\\ -'.1.\%C' lc.-.r�N.'\ c0 Of 1 i'D''` (\k,,, t• to `-`mil ,s.x\c'ri �. )(7.'l- D C., '.:,'t-ik_A i 4 J7 C' o7), I -�k 1 y:7. La' /4 e_cils. Q e_ h �_�-_ez' 1 ik,,,.i/7 f'1-L j//'/" /s/h c/ j e 4.-iv s.•. T ar'c'1, /7i a co •,1 Q f..t,C.> (",�fl' 1c l ' 4 7/G/ 1v --,P /44-7/1.--- /lez 1.0; I p ! Xfif / r76,k .z-., l l Z. . Av& <r ..P (- ✓J > -,4Q .,...,.., , AL:C„ e. Weil COilet4t a; 1)4 . / :tt•if Ol.i t (J,e-c;(7� e.)-'I-.--.- - At:i,naq D - - p[I j,r b:'1!L, f 7(1 cry I3/ ) WC011 P-41#i-1/11.l�- �u�. :../,/6� C I C / 'r'.: / "`t1iUC�� ', IY.C/ :!; � I I.fir'i �,J.� (� 'f�iit C'/�/V - l ) .y.� �4 't' ik ' .7./-% . r u I.c:t L.1) .1(1- ii, ci rEes' nev ` s &.01 ' ! 17/:/',Y A'4 `/ 7 .-, % .I%k. ,, er-e h` Pk.y. 04,o\ le- 4-=Li e,--_ `L t C-''S L' C e �L l P -) _... • ._ I_ >O.. -,;- Q 1' 111/!/ Si 9,r.J V l` 1 )--0--• , 1 .Ili V'-c�..p/ .J)F'-.)C. //— ..---g' G 1,ec �. 7,Zu y,� . of� („ `ly,cl &IP-L._ // k t' `� i/l-1 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # DOCKET # DOCKET # PLEASE write or print legibly you]: • name, ldc1r s3 :nd (as above) or the anp.Lla;:t:]l.S name of th h'arins you are att•2n iri-j• NAME Af.'DRESS HEARD r.,* TIT. • 2aLs..! . . (2 Z.V.<. j . ;719 ftrL r 1 , • lir' /C Af.-<-0.7147, OC) iCl-/,4T''_7 /4/a,,/7R al,' 14-.177..". 4 (7) it.' I$3, L t-s co q 4'.\\ 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 , First Floor, 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 mans 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. APPLICANT DOCKET NO. 84-80 Agland, Inc. P .O. Box 338 Eaton, Colorado 80615 DATE: December 5 , 1984 TIME: 2 : 00 P .M. REQUEST: Use by Special Review - Expansion of a Non-Conforming Use LEGAL DESCRIPTION : Part of the SEa , Section 2I , Township 8 North, Range 62 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 19 , 1984 PUBLISHED: November 21 , 1984 , in the La Salle Leader PROOF OF PUBLICA1iON The North Weld Herald Eaton, Colorado 80615 STATE OF COLORADO, ) SS. NOM=County of Weld ) Pursuant to the mein`laws of the to of manse,£and the Weld wlmb Zoning Cha .•public f Boardearing u held ' the Chambers o of d Board of Contra•. tld County ounty a Weld County, Cc41$1 1.S, First Four,Greeley,Colorado,odo t the ti St,. Pns- fed. ll etso si at the time interested speci- fied. All by a in any manner requested in the Use by Special Review are requested I„Al el. w u`Ct_ , 1_ , de solemnly swear that I am toatteMmWnyybsnhemd. 'BE IT ALSO KNOWN that the text and d lk.Ct (ltil, of THE NORTH WELD HERALD; that the maps so certifledlytheWeldCauntyPlan- Sa is a weekly newspaper rl rated, in whole or inpart, and Plan- ning Commission may be examined in the P office of the Clerk to the Board of County published in the County of Weld State of Colorado, and has Commioloners,located in the Weld County Centennial Center,915 10th St.,Third Flom., a general circulation therein; and that said newspaper has Greeley.Colorado. , DOCKET NO.Ka been published continuously and uninterruptedly in said APPLICANT County of Weld for a period of more than fifty-two con- a Sinn secutive weeks next prior to the first publication of the Eaton,Colorado80615 annexed le al notice or advertisement; that said news a er DATE:December 5,198e g newspaper TIME:2eec has been admitted to the United States mails as second- Use by Special Review.Expan- sion of a Non-Conforming Use class matter under the provision of the Act of March 3. 1879 LEGAL. DESCRIPTION: Past of the 5Ev., or any amendments thereof, and that said newspaper is a �Sectiion 6t22I PM Township g North.Range 62 West Weld County,Colorado. weekly newspaper duly qualified for publishing legal MAID OF COUNTY notices and advertisements within the meaning of the laws WsM ITIMMSION of the State of Colorado. COUNTS'cn a AND MIX TO TIM WARD That the annexed legal notice or advertisement was DAT November 19,118:7 a'°Rnry published in the regular and entire issue of every tuber of weld N"' 21:INN Is IN North said weekly newspaper for the period of _Lli t l� consecutive insertions; and that the first publication of said notice was in the issue of said rewspaper dated 1-1.: 12t. II LL. L- .� l A.D., 19 Z_t/ and that the last publication of said notice was in the issue of said publication dated _Or 12. ._ --) '' A.D., 19 _;(I_, In w)tn sf whereof I have hereunto set my hand this -1' day ofi)C 0 i/ti_ --- A.D., 19 0_. OLttil/1i� .zfCi.;c� -Fdrtof C• . -1 IPLC' A.(�.Ci� ti Subscribed and sworn to before me, a notary public in andfr the County of W Id, State of Colorado, this ___ _ _...,____,A_6° . day of Fr --;., i3E A.D., 19-6-4.! y t/") O-+-r-� /2,r r-fr— Notary Public L") R 5 / Sr 3f Arad Pa oe.'�r- My Corr:;aasion Fwircs Oct. 19, 1986 • 1 - P. Affidavit of Publication STATE OF COLORADO, 1 as. County al Weld. 1 I. / tea.-L. 1P /(( jf ) of said County of Weld. being duly sworn. say that I am tit o/f ,/-) ;Y ..r oIce,-Z�/ ,�4?Ct�,e"c—' ,�S�msSsL sese�eeess�ds�� that the same is a weekly newspaper of general =AL IeD1ALL circulation Fnntej c published in the keer town of `T" "" Z _ in said county and state: that the notice or adver COW*Cee Ede ew ellIeld Co *w ',semen'. of which the annexed is a true copy. C°r�' Nt Weldh Cowed Centered Oreille fib ale feet.FM Neer, has been published in said weekly newspaper OseiB,CeTsPldreeMeisaeenMM. a Al pas In my Nam Yerapd b far =�` >'c-� _wnseetree the the RA IFesW IOW ae eiA weeks, that the notice was published in the 9sserd se Sad SeaM heslt regular and entire issue of every number of said n IT ALSO MOWN Wel SWIM AS newspaper during the period and time of pubh- wipe redlsdev lie rid Leas Pleaded wed ieeMe Bede( cation cl said notice and in he newspaper Is We Ma Woe Peek a Wets;of proper and not to a suppie.nent tlaereot: that the Cesry Ce* CONsraaaesetss IS N* 'At, liilPa. teat. e2 IS first publication of said notice was contained in wpl C'wN.7fYi PYar,WSW.Cd- the/issue of said newspaper bearing date. t wale. ""t day of -1,:i ..2.." Ic � DOCtMENNO,era- and the !eat publication thereat, in the issue o: . . APIPLEAMS Vend.WA scid,newspvper bearing date. the day at RO-tea77e )11)-4-1-62 ru-"//~u''', , 19 Jr.V: that the said Esiew. elwedMeMle. - DATE:DeeeNr LIS , 7u.CL ' D_rt. Two Eta►.M. has been published continuously and uninterrupt- RfiTiU.eIfEpeosilim w.Es- edly during the period of at least fifty-two con- whiles aleNesCae4edse Use secutive weeks next prior to the first issue thereof LEON.DESCRIPTION: contaisung said notice or advertisement above nit efdie R%seaMs ll;taePlehp referred to: and that said newspaper was at the a WA,Resat Neel ewer Leh PTA, time of each of the publications cf said notice. WS CeeeY:Gent duly qualified for that purpose within the mean, BOARD OF COUNTY ing of en art, entitled. "An Act Caneerring Legal COIRMWSIONERS WELD COUNTY,COLORADO Notion, Advertisements and Publications, and the Fees of Printers and Publishers thereof. and SY:MARY AIM FEl16R8tETd COUMYC19R AND DER to Repeal all Acts and Parts of Acts in Conflict AND CLERK TOWS BOARD with the Provisions of this Act." ap?roved April i, .. TAY:Also RAtf.Drub 1921, and all amendments thereo!, and particw tarty as amended by an art approved. March 30. DATED:Novena lf.15 192,;1,_and on act approve,May 19. 1931. IMAMS In the IA RAW Les&en thnMAv.November Ii,19M. Publisher Subscribed an /sworn to before ¢o this 9 / day of de-f rL1'/fl�,11 ci. d My commission expires __.!1,_(JiY' --- Notary Public 2.2(..1;t W. ..RiD. 5.4 GREELEY, CO 80631 DEPARTMENT OF PLANNING SERVICES `:• PHONE (303)3564000 Ext-4400 �� 915 10TH STREET GREELEY,COLORADO 80631 b e • °0'^+ • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, November 13, 1984, at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for the expansion of a nonconforming use by Agland, Inc. on a parcel of land described as part of the SE4, Section 21, T8N, R62W of the 6th P.M. , Weld County, Colorado containing 1.47 acres, more or less. This public: hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on November 13, 1984 . Copies of the application are available for public inspection in. the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be publ_.shed in the: La Salle T,aadar To be publ'_shed one (1) time by: N ember 1. 1984 Received by: e-1- Date: /C;' J- 1 REFERRAL LIST APPLICANT: Agland, Inc. CASE NUMBER: USR-656:84:52 SENT REFERRALS OUT: October 19, 1984 REFERRALS TO BE RECEIVED BY November 2, 1984 m m z z m o rn o z H Z H o ¢ 0] 0 << U] H U U z O U O2 0 W H W W 1-' W P+ O U O a O U 6 Z W o W o o Z z ,z O Z in z z en County Attorney (plat only) / -� Weld County Health Department �/ XX Engineering Department V/ XX J County Extension Agent XX —� XX Office of Emergency Management Doug Graff Planning Commission Member XX 3115 Grandview Drive GreeLey, Colorado 80631 / State Engineer .V/ XX Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 1Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Greeley Soil Conservation Serv. Ve 4302 9th Street Road Greeley, Colorado 80634 r .. J BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar 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-656:84:52 4 NAME: Agland, Inc. c„'7j. ADDRESS: P.O.. Box 338, Eaton, CO 80615 REQUEST: A -.Ise by Special. Review Permit for the Expansion of a Non--Conforming Use LEGAL DESCRIP"ION: Part. SE', Section 21, T8N, R62W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile northeast of Briggsdale; north of Highway 14 and west of Weld County Road 79. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The subm-!tted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is tie opinion of the. Weld County 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 interest 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; - No overlay districts affect the site. - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. USR-656:84:52 Agland, Inc. November 13, : 984 Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services office and compliance with Operation Standard #2 has been met. The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-656:84:52. Motion seconded by: Paulette Weaver Vote: For Passage Against Passage Jack Holman Louis Rademacher Bill McMurray Stephen Hamilton Paulette Weaver Doug Graf Lydia Dunbar Sharon Linhart 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. USR-656:84:52 Agland, Inc. November 13, 1984 Page 3 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby cert=ify that the above and foregoing resolution is a true copy of the Resolution of the Planning Commission Weld County, Colorado, adopted on November 13, 1984, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 14, day of 1984 Secretary OPERATION STANDARDS Agland, Inc. USR-656:84:52 1. The uses permitted shall be a farm supply business as described in the application materials on file with the Department of Planning Services. 2. Petroleum is considered a hazardous substance per C.R.S. 29-22-107(2) (a) . Prior to the issuance of building permits the applicant shall list the maximum quantity of petroleum expected at the site with the State Health Department, Division of Waste Management and with the Weld County Emergency Response Coordinator. Evidence of this listing shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. All above ground storage tanks shall be bermed. The berm shall he capable of containing the capacity of each storage tank, assuming a full tank. 4. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 5. 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. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. 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 Planning Services. 9. 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. Summary of the Weld County Planning Commission Meeting November 12 , 1084 Page CASE NUMBER: USR-656:84:52 APPLICANT: Agland, Inc. REQUEST: A Use by Special Review Permit for the Expansion of a non-conforming Use LEGAL. DESCRIPTION: Part of the SE;, Section 21, TSN, R62W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile northeast of Briggsdale; north of Highway 14 and west of Weld County Road 79 APPEARANCE: Michael Dugan, Attorney, Agland, Inc. , reported in the past this station was leased out to a private party, but Agland has now obtained control of the operation. Upon completion of the new eighteen by thirty-two foot addition to the front of the building it will be more of on Agland supply store than a filling s:ation. Customers will now be able to obtain oil and gas on a twenty-four hour basis, and the store will also be stocked with other household materials carried by Agland. Lee Morrison explained that whether or not this is an expansion of a non-conforming use or a Use by Special Review the Planning Commission should make their recommendation on use and compatibility. The Chairman asked Mr. Duggan if he had reviewed the recommendation, conditions, and operation standards as outlined by the Department of Planning Services staff. He stated he had reviewed them and has no objections to anything as stated. The Chairman called for discussion from the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and operation standards as outlined by the staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Lydia Dunbar moved Case Number USR-488:84:52 be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval based upon the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the sectretary to poll the members of the Planning Commission for their decision. Jack Holman - yes; Louis Rademacher - yes; Pill McMurray - yes; Stephen Hamilton - yes; Paulette Weaver - yes; Doug Summary of the Weld County Planning Commission Meeting November 13, 1?84 Page 6 Graff - yes; Lydia Dunbar - yes; Sharon Linhart - yes; Bob Ehrlich - yes. Motion carried unanimously. CASE `TIIPPTI: ;mend USR-458:82:3 APPLICANT: Western Paving Construction Company REQUEST: Amend a Use by Special Review Permit to include an Asphalt Mixing Plant LEGAL DESCRIPTION: Parts of Sections 16, 17, and 21 , T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles west and north of the town of Firestone; south of Weld County Road 20 and west of Weld County Road 7 APPEARANCE: Mac Graham, Western Paving Construction Company,stated they had accuired this piece of property two or three years ago and they did get a Use by Special Review Permit to mine gravel from the property, but now, looking into the future, they will need to expand their operations at this site and include a asphalt batch or mixing plant . This plant will not change the existing permit, nor will it make much more traffic, except for on days when they are hauling asphalt it may increase travel by two or three truck per day and would increase only by the loads of oil coming in to mix with the gravel . Fe has read the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff and would like to take exception to condition L'5, that trucks can only turn north. While he may have indicated in the application materials this would be their normal haul route, farmers and other concerns sometimes get gravel and he would not like for them to have to conform to this stipulation. He asked that the Planning Commission go ahead and make a recommendation on this request because he is sure the Planning staff, the Engineering Department and himself can come to an agreement prior to the request being scheduled before the Board of County Commissioners. Fe also asked that the word "batch" be removed and replaced with the word "mixing", because they are not sure exactly what kind of asphalt plant they will be putting on this site. He explained the difference between a mixing plant and a batch plant. Rod Allison recommended Condition ;15 be changed to read as follows: Prior to scheduling Amended l'SR-488:8'_:3 before the Board of County Commissioners, the applicant shall submit and have approved a Haul Road Improvements Agreement to the Weld County Engineering Department. A copy of the agreement shall be forwarded to the Department of Planning Services staff. Date: November 13, 1984 CASE NUMBER: USR 656:84:52 NAME: Agland , Inc. ADDRESS: P.O., Box 338, Eaton, CO 80615 REQUEST: A Use by Special Review Permit for the Expansion of a Non-Conforming Use LEGAL DESCRIPTION: Pt. SE4, Section 21, T8N, R62W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately z mile northeast of Briggsdale; north of Hwy 14 and wesc of WCR 79. THE DEPARTMENT OF PLANNING SERVICES 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: - 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 interest 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; — No overlay districts affect the site. - Use by Special Review Operation 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 conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services office and compliance with Operation Standard #2 has been met. The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not USR-656:84:52 Agland, Inc. November 13, 1984 Page 2 be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-656:84:52. • FIELD CHECK FILING NUMBER: USR 656:84:52 DATE OF INSPECTION: November 1, 1984 NAME: Agland Inc. REQUEST: USR Permit for the expansion of a non-conforming use LEGAL DESCRIPTION: Pt. SE', Section 21, T8N, R62W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately II mile northeast of Briggsdale; north of Hwy 14 and west of WCR 79 LAND USE: N Dryland cropland E Dryland cropland S Highway 14, dryland cropland, Briggsdale to SW. W One farm residence, one residence, pasture. ZONING: N Agriculture E Agriculture 5 Agriculture W Agriculture COMMENTS: Subject site is currently a one (1) acre tract of land leased by Agland, Inc. The proposed expansion would increase the acreage to 1.47 acres. Improvements on the property include: 4 fuel pumps, a shop/storage/office building, propane tank and pump house, 5 fuel storage tanks and pump station. Proposed expansion would also add two new fuel islands and additional office space. The site is relatively flat and it has access to Highway 14, a paved road. By: .1 ZALC :M Michael S. Mullen Current Planner LAND USE APPLICATION SUMMARY SHEET Date: November 13, 1984 CASE NUMBER: USR 656:84:52 NAME: Agland Inc. ADDRESS: P.O. Box 338, Eaton, Colorado 80615 REQUEST: A Use by Special Review Permit for the Expansion of a non—conforming use. LEGAL DESCRIPTION: Pt. SEti, Section 21, T8N, R62W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile northeast of Briggsdale; north of Hwy 14 and west of WCR 79. SIZE OF PARCEL: 1.47 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review Permit are listed under Section 24.3 of the Weld County Zoning Ordinance. The applicant would like to expand an existing business to provide the following farming products to the Briggsdale area: petroleum, feed, fertilizer and chemicals, food, and hardware. Under Sections 73. 1. 1 and 75.2. 1 of the Weld County Zoning Ordinance, a non-conforming use may, as a Use by Special Review, be expanded or enlarged. The Department of Planning Services has not received any objections to this proposal from surrounding property owners. OPERATION STANDARDS Agland Inc. U.S.R. — 656:84:52 1. The uses permitted shall be a farm supply business as described in the application materials on file with the Department of Planning Services. 2. Petroleum is considered a hazardous substance per C.R.S. 29-22-107(2) (a) . Prior to the issuance of building permits the applicant shall list the maximum quantity of petroleum expected at the site with the State Health Department - Division of Waste Management. and with the Weld County Emergency Response Coordinator. Evidence of this listing shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. All above ground storage tanks shall be bermed. The berm shall be capable of containing the capacity of each storage tank, assuming a full tank. 4. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 5. 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. 6. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 7. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8. 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 Planning Services. 9. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. 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Nf s !i,, • < ;^•':•,... ":•77.",,,,,t. ,a, Wg Ss 4 y r' i7,A'C''/, —..v. »? F i #� $^"^`' .; :s •••'•',... "34--!. °k Jr...•. £ . t '5 s O•,•,,- .. t r ,, , . .. 4, d 4� • .. " f. N' 5' of :, f t. A ' . f. R }y i 1 .a#x. y Y 1 it -0,-.5: �t a�. «:..5-5:55.5.2„-=,- ' "" _® y' t .�U �, "� t ./a: �x Str s,. .} p yruf'x SSte +}yy I£, • f a�' S �� {Y 9 `F "+f 1 @`mss- f., , '4't �e'W ,y1'4. tt • 41 �I� .`ni sap. 9 +ti w *4 f�-4• P-' _ „s` ' - p: t� Y 'n Y a .t .;r. <' b "mss Pr.s C. c Y r-,77* +s fl^'w *--1' '.. r c " „. tom. ,} `` � yt M 1,4 ,ax x SCC a `.. - st `« r—, .,,„, . > ,._, . 114 . <; w rid 4-, "- `. t ;',4.kx aw f a•.."Rs„ t+t q o tot ik t 44 , d°}a `Tg�.a as st :. w d^ r Z ''-e _ Y ` . . w a-fl�a - t n. e kt ff.'s_ ® g mod#.- , *r i y'3€t'"'4 7 g ' 4a d' y„ St I F a rs+n ♦ a y.,fi , },e 'k''+t , •* 'i lea# � RLLLL ''re n'a'7d ... , �F �,. "4 # v ., 'vie .z u"w.,u, Y t,. 4..x� .- ,m.4 Az, ,:.(Oo ar—S .tirta t4. _ 'Cn r . ' 4 1 f} T74 St' � .. 9 d. 4ttL:1 lift ,../ ' i 5y A a a • cb d' 1 �' �T d_Yom ` i S*°T j 3J�1i, . C ry "'y� /t ^s t kr t t 'L aY. _zt 3ryp'ffFY 4..1-,y'• F ,F"Et � 3 t y-r� �. :I f,�`:. t '� �. • r: ' 4 APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by_ Mylar plat submitted Application Fee Receipt Number — Recording Fee _ Receipt Number TO BE COLLETED BY APPLICANT: (please print or type, except for necessary signature) }t){(we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following. described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Pt of SEIT Section2l T 8 N, R 62 w of the 6th p.m. See legal description attached hereto as Exhibit A. LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Part of Section 21 T 8 N, R 62 W See legal description attached hereto as Exhibit A Property Address (if available) unknown PRESENT ZONE OVERLAY ZONES TOTAL ACREAGE one (1) PROPOSED LAND USE Fa rm Supply EXISTING LAND USE Farm Supply - primarily gasoline and tire service • SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Herbert and Diann Cori Si4 Address: 38581 Highway 14 City Rriggsdal a Colorado Zip__ Home Telephone # 656-3542 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: Agl and Tnrorpnratwcl, a Col nradn corpora eion Zip 80615 Address: P. 0. Boz 318 City Eatov Colorado Home Telephone #_ -- Business Telephone # 4 54-3391 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Del hert. and_Benlah Parsons (one-half owners) Address: 38535 Highway 14 City Hrievsdale. Colnrado ZiP_80611 Name: Herbert and Diann Corlics (one-half owners) Address: 18581 Highway 14 City Rriggsdale_ Colorado ZiP__B0611 Name: Zip_ Address: City 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. AGLAND, INC. , a Colorado corporation COUNTY OF WELD _) STATE QF COLORADO ) Signature: OtTaR1P.}Cf A thorized Agent Mic ael P. Dugan, Corporate Counsel a _ 195 Sub ecrilSnd and sworn to before me this_C day of / — SEAL )9(4,--(//e4'‘.. NOTARY NOTARY PUBLIC c2 , g'Ol 3/ My commission exp�Cres � � October 11 , 1984 Weld County Department of Planning Services 915 10th Street Greeley,, Colorado 80531 Gentlemen: By this letter, we hereby grant to Michael P . Dugan, Corporate Counsel of Agland, Inc. , the power and authority to sign the Application for Use by Special Review concerning the property located in Briggsdale, Colorado. Very truly yours , I N CORLISS IIA /J L HERBERT CORLISS - - STATE OF COLORADO ) SS : COUNTY OF WELD ) The foregoing was subscribed and sworn to before me by Herbert and Diann Corliss this 27z- day of 6T4,6 ,, , 1984 . Witness my hand and official seal . e My commission expires : 7 7�,,{ c ' ) /,, 6 -a f-Yr Notary (Public - My address is :4 ,o , STATE OF COLORADO ) SS: COUNTY OF WELD ) The foregoing was subscribed and sworn to before me by Herbert Corliss this day of 1984 . Witness my hand and official seal . My commission expires Notary Public Address: 2 . DETAILED DESCRIPTION OF PROPOSED OPERATION A. PROPOSED USE Agland„ Inc. desires to use the property described in the Application for farm supply activity including the following supplies : 1. Petroleum 2 . Feedstuffs 3 . Fertilizer and Chemicals 4 . Foodstuffs 5 . Hardware We are in the business of providing for all of the needs of the Weld County farmer. Many of our patrons and members reside in the Briggsdale area. We have long served these members through existing facilities. Recently, we have taken over the management of the operation which had previously been managed and operated by an independent contractor. We have determined, through conversations with customers in the area, that they desire to have the ability to purchase more of the products we supply at that location. Currently , to purchase the products, our members and patrons must order the product needed and then wait for it to be delivered to our Briggsdale location or drive to Sterling or Eaton for the items . B. NEED FOR USE Agland, Inc . ' s proposed expansion of the existing facilities is to provide the minimum requirements for merchandising inventory and controlling the traffic flow. C . EXISTING USE ON SURROUNDING PROPERTIES The surrounding property is composed of farms and ranches with the town of Briggsdale and the Briggsdale Cemetery being the most significant exceptions within the surrounding section. D. DISTANCE TO RESIDENTIAL STRUCTURES The nearest residential structure is that of the fee owner, approximately 260 feet away. There is one other residence approximately 450 feet away and the town of Briggsdale is ' approximately one-half mile by road from the location. E. NUMBER OF USERS, PATRONS, MEMBERS Agland, Inc. has over 5 , 000 members and patrons. There are about 450 which we expect to do business with us on a regular basis at this location. F. EMPLOYEES, SHIFTS, HOURS OF OPERATION There will be three employees at the location working varying hours in a single shift. The hours of operation are expected to be 7 : 00 a.m. to 5 : 00 p.m. Monday through Friday and 7 : 00 a.m. to 12 : 00 noon on Saturdays . G. WATER SOURCE Water is provided by the Briggsdale Water District . There is no increase in the amount of water usage expected as a result of the proposed use. See Exhibit B attached hereto. 3. SUBMISSION OF WRITTEN MATERIALS AND SUPPORTING DOCUMENTS A. CONSISTENT WITH WELD COMPREHENSIVE PLAN As a part of the agricultural zoning provisions , farm supply activities are included as a Special Use under the Weld County Comprehensive Plan . Agland , Inc. is an agricultural supply cooperative with its main goal to provide the products needed by the farmers in Weld County. Agland, Inc . believes that the proposed use, expansion of the product line at Briggsdale , Colorado, is consisten with the Weld County Comprehensive Plan. B. CONSISTENT WITH DISTRICT The proposal is consistent with the intent of the district in that the district does include agriculture-related support activities to be a part of agriculture-zoned property. C . CONSERVATION OF PRODUCTIVE AGRICULTURAL LAND Agland, Inc. has been leasing the property under review under a lease since at least 1962 . Our customers have become accustomed to purchasing their farm supplies and gasoline at this location. Agland, Inc. is not, therefore, looking to change the location. The location does not remove productive agricultural land from the district. D. PROTECTION OF INHABITANTS There is adequate protection for the health, safety and welfare of the inhabitants of the neighborhood. All health, safety and welfare conservation measures have been and will continue to be used at the location. E. USES COMPATIBLE The uses permitted are compatible with the existing land uses . F. FUTURE DEVELOPMENT Agland, Inc. does not envision that there will be that much future development of the area and Agland, Inc . ' s intention is to continue tc provide farm products to its members and patrons . G. FLOOD PLAIN The property is not in a flood plain, geologic hazard area or Weld. County Airport overlay district area . H. WATER SUPPLY The water supply is adequate. See attached Exhibit B, a letter from the Briggsdale Water Company. I . DEED IDENTIFYING APPLICANT Attached hereto is a Deed of the owners of the property and the Lease with Extension Rider of the Lessee, Agland, Inc . (Exhibit D) J. NOISE Agland, Inc. is requesting that the Department of Planning waive the requirements for noise . K. SOIL REPORT Attached hereto is Map 29 of the Soil Conservation Service indicating that there are no moderate or severe soil limitations for the proposed use of the property . H. ACCESS ROUTE The property is currently served by two 30 ' approaches off of Colorado State Highway 14 . Agland, Inc. has no intention of altering those two approaches at the present time. The property is currently gravelled. Traffic flow and parking is available on the property such that adequate parking will not interfere with traffic flow on Colorado State Highway 14 . I. VEHICULAR TRAFFIC Agland, Inc. estimates that there would be between 30 to 40 vehicles per day visiting the property. These vehicles range in size from privately-owned automobiles to semi-tractor trailer combinations of 85 , 000 pounds. Agland, Inc. expects more farm and ranch traffic than would normally be expected in a cross section of 30 to 40 vehiclesdaily. J. SEWAGE FACILITIES Agland, Inc. currently is using a leaching field and septic tank system. We do not anticipate any changes to the present system. K. FIRE PROTECTION Agland, Inc . currently is served by the Briggsdale Volunteer Fire Department. See attached letter, Exhibit C, from the Briggsdale Volunteer Fire Department. Agland, Inc. does not anticipate any additional requirements being placed upon the Briggsdale Volunteer Fire Department. L. ANIMALS Agland, Inc. will not maintain any animals on the property. M. WASTE, STOCKPILE, STORAGE AREAS Agland, Inc. estimates that it will be removing waste tires from the property on a weekly basis . Therefore, no stockpile areas will be needed. Agland, Inc. proposes that two semi-tractor trailers lowered to pick-up height will be on the premises for the purpose of storing inventories of bagged feed, tractor tires and accessories . N. STORM WATER The property currently drains to the North on to a budding agricultural property. Agland, Inc. does not propose to change the existing run off system nor to retain any additional rain water. O. TIME SCHEDULE FOR REMOVAL OF DEBRIS The time schedule for removal of debris of construction related items will be by December 1, 1984 . P. LANDSCAPING AND EROSION CONTROL Agland, Inc . does not propose any additional landscaping or erosion control measures. The property is extremely flat and drains to the North. Q. RECLAMATION PROCEDURES Agland, Inc. does not intend to abandon the property or the use herewith for a period in excess of twenty years . Agland, Inc . intends to request rezoning of the activity if it is determined by the Board of County Commissioners that a rezoning is necessary before the end of the twenty year period. R. TIME TABLE , Agland , Inc. estimates that construction will be completed approximately December 1, 1984 . L. PARCEL IDENTIFICATION Attached hereto is a certified list of the names , addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of the surface property within five hundred feet of the property. The list is certified by the Weld County Assessor. The source of the information is from the Weld County Assessor ' s records . M. MINERAL OWNERS Attached hereto is a certified list of the names and addresses of mineral owners. The source of the information is from the records of the Weld County Clerk and Recorder and is certified by the Corporate Counsel of Agland, Inc. EXHIBIT A LEGAL DESCRIPTION CURRENT LEASE From the South Quarter corner of Section Twenty-One (21) Township Eight (8) North, Range Sixty-Two (62) West of the 6th P .M. a distance of 50 ft. North to the North line of the right-of-way of Colorado State Highway #14 ; thence East along said North line of said right-of-way a distance of 700 ft . to the point of beginning; thence North 145 . 2 feet, thence East 300 feet, thence South 145 . 2 feet to the North line of said Highway right-of-way, thence West along said North line of said right-of-way 300 feet more or less to the point of beginning, containing one (1) acre more or less. COUNTY OF WIELD STATE OF COLORADO LEGAL DESCRIPTION PROPOSED EXPANSION FOR USE BY SPECIAL REVIEW PERMIT From the South Quarter corner of Section Twenty-One (21) Township Eight (8) North, Range Sixty-Two (62) West of the 6th P.M. a distance of 50 ft. North to the North line of the right-of-way of Colorado State Highway #14; thence East along said North line of said right-of-way a distance of 624 ft . to the point of beginning; thence North 145 . 2 feet; thence East 440 feet, thence South 145 . 2 feet to the North line of said Highway right-of-way, thence West along said North line of said right-of-way 440 feet more or less to the point of beginning, containing 1 . 47 acres more or less. COUNTY OF WELD STATE OF COLORADO EXHIBIT B /O) /9.111 ------7:tez-c. _.---C----- ______e: /L)a- C/ ,,.e./.._ may" e_c-_ - t.--4---e_ _ - . - ---e-1 /� a—,-,(1 __---e- e 7 d, .ier ti ._------r±;.-c-' tz_.,,- . etc. EXHIBIT C To whom It "'.ay Concern : The Brirgsdale Fire De: as bment , .,?- iab i F .a Li--nn Club P-n `act ',;iii be aveil-Thle at all times to handle t' e emerren0J fire calls in this area . There is always some one to take the calls and help cones from any and all the per 1e in t',e town. Donatinnr. 'ere e onl „ men - ci nr. . true Li -°nr• Club. • • • • • •..S _ . IV • EXHIBIT D - • C7 Ci B°OK 881 ��/ �A P 1 ? 1975 Recorded m1��//�k��e,,�e ,,e _� o'fiack 1. -- .-Rec No.1 WARRANTS DEED / —/ A. ' Stan 0 Colorado. Weld County Clerk G Awarder P rti DELIIERT C. PARSONS and BEULAH B. PARSONS whose address is • 38531% Highway 14, Briggsdale, Colorado, County of Weld, ' • for the consideration of other valuable consideration and • Teo Dollars, In handpaid, herebyconvey sell and to • • HERBERT CORLISS and DIANN CORLISS, as joint tenants r • S whose address is 38581 Highway 14, Brlggadale, Colorado, 4 Ar o c County of Weld and State of Colorado the following real o 0 property in the County of Weld and State of Colorado, to wit: o 0 1Z The East Half (E1/2) of Section 21, Township 8 FP North, Range 62 West of the 6th P.M. d ti VII The Southwest Quarter (SW1/4) of Section 21 Township 8 North, Range 62 vest of the 6th P.M. '^ ,{ The East Half of the Southeast Quarter (E1/2 SE1/4) of Section 28, Township 8 North, Range 62 West of the 6th P.M. The East Half of the Northeast Quarter (E1/2 NE1/4) of Section 33, Township 8 North, Range 62 West of the 6th P.M. , together with all improvements thereon excepting and reserving to C joint tenants,one-half of the oil and other minerals, and a life estate in the brick house gas with access on parcel one above. with all its appurtenances, and warrant the title to the ease subject to easements, rights-of-way, ions, exceptions and restrictions of record and the 1979 taxes. Signed this 6th day of September , 1979. STATE: OF COLORADO ) �J ) es. ate-tee.?�(P gma-e-71.4 COUNTS OP WELD ) DELBERT��C../PARSONS -- �.cCr4.4 e•? .. t--Je' t-iZ-• _ BEULAH B. PARSONS V• The foregoing instrument was acknowledged before me this s �Op 6th day of September, 1979, by Delbert C. Parsons and IBeulah B. Parsons. My commission expires: April 7, 1980 Witness ay hand and official seal. w ••'.L,50//14.- -.. : :: iti . f i t107q�t�ln i Sias Documentary Fee �— y try Notary Pub !c pas SEP l 71979 di s i I ti OF'C O LOP!:'•• 9_ T • 6' 931 g. oa MAR 231981 Recorded of Re:. No. 185286;3 ! 'o�„((��Q,�l , - � Vf State of Colorado, Weld County Clerk G Recorder BUSINESS LEASE EXTENSION AGREEMENT ThIS AGREEMENT is entered into this 54. day of tiAit4L4 , 1981 , by and between HERBERT D. and DIANN CORLISS , successors in interest to Delbert C . Parsons and Beulah B . Parsons, herein- ' after referred to as "Landlords" , and ACLAND , INC . , successor in interest to Consumers Oil Co-operative, Inc . , hereinafter referred to as "Tenant" . WHEREAS, the parties to the Business Lease recorded on July 16 , 1979 at Book 875, Reception #1796855 , of the Weld County Records , allowed for five extensions of five years each; and WHEREAS, the original Lease expires on March 1 , 1981 ; and WHEREAS, the parties , successors in interest to the parties of said original Lease, desire to extend the original Lease pur- suant to the first of five extensions and do hereby agree as follows : 1 . The first extension for the Lease is hereby granted to the property located in Weld County and more particularly des- cribed as follows : From the South Quarter corner of Section Twenty-One (21) , Township Eight (8) North, Range Sixty-Two (62) West of the 6th P .M. a distance of 50 ft . North to the North line of the right-of-way of Colorado State Highway #14 ; thence East along said North line of said right-of-way a distance of 700 ft. to the point of beginning; thence North 145 . 2 feet , thence East 300 feet, thence South 145 . 2 feet to the North line of said highway right-of-way, thence West along said North line of said right-of-way 300 feet more or less to the point of beginning , containing one (1) acre more or less . 2 . The rental for said property for the five-year term of this Lease is Forty-Five hundred Dollars ( $4 , 500 . 00) payable in equal monthly installments of Seventy-Five Dollars ( $75 . 00) each payable in advance. 3. All of the terms of the Business Lease dated April 12 , 1976 , and recorded on July 16 , 1979 , at Book 875, Reception tit'0 '%' . ! 3 c' .r 1 MAP L P" 931 18;,:>f,, i _2 -a, 1#1796855 , in the Records of the County Clerk and Recorder of Weld Cotkn'ty, shall continue in full force and effect . IN WITNESS WHEREOF, the. parties have hereunto set their hand and seals the day first above written. AGLAND , INC . , Tenant •, (( 7 .' /�.- By . .�, , / ,J c;.27r- ..� /t.cc Ted P . Sutter, President r = , �' HERBERT D. CORLISS, Landlord ice►-r,;y� - r ; i1 DIANN CORLISS , Landlord /44_,17j,-,_../ // 1 './spy ATTEST: Secretary-Treasurer of Agland, Inc. -2- —y �• 111—susrNEss LEASE The Schell Siudlos, Greeley, Colorado BUSINESS LEASE THIS LEASE, Made and entered ,nto this ... 12th day of _.-__.. -_....-Apri.l A. D. 19 76-, between DELBERf PARSONS and BEULAH B. PARSONS hereinafter called the Landlord and. CONSUMERS OIL CO-OPERATIVE, INC. ,Greeley, Col Ohereinahor called the Tenant. Wherever the words "Landlord" and "Tenant" are used in this indenture, they shall include Landlords and Tenants and shall apply persons, both men and. women, companies. co-partnerships and corporations, and in reading said indenture the necessary grammatical ranges required to make the provisions hereof mean and apply as aforesaid, shall be made in the same manner as if written Into s eh indenture. 'F;TNESSETH, That, to consideration of the payment of the rent hereinafter provided and the keeping and performance of each of \ :he -ovenants and agreements of the said Tenant hereinafter set forth, said Landlord has and does hereby lease unto the sold Tenant <p •chewing described premises situate in the City of ___.._. _..____. Weld County of ___.. . . _..._.___._. to 'Aire Sate of Colorado, to-wit: -- -- ---- - --- - - -- " SEE REVERSE SIDE FOR FULL LEGAL DESCRIPTION 1St TO HAVE AND TO FOLD the same with all appurtenances unto the said Tenant from twelve o'clock noon on the L- hey of - ___ March _.._- A. D. 19 76 for, during and until twelve o'clock noon the _.. . 1st_ ...... day of March - A. D. 19_.._81, at and fora rental for the lull term aforesaid o! TIIIRTX-$lX HUNDRED and no/100 toll payable in o monthly installments of ..-... Sixty and no/100 dollars per month in advance, on or before twelve o'clock on the - ..._1St -._ day of each calendar Month during said term, at the office of Delbert Parsons and Beulah B. Parsons Parson in Bri sdale re- \-0 _ gg__ Colorado, without ncti-.:e. This lease is subject to the condition, however, that the tenant shall and will cause to be paid promptly all assessments for water era -.:S ;het may be levied ipon said premises during the continuance of this lease Lessee shall havethe option to extend this lease for five 5-year terms , _ to be executed by lessee notifying the lessors in writing six months prior to the termination of eachterm of lessee' s intention-to extend' - e - - --- the term of-the ease. FOR AND IN CONSIDERATION of the leasing of said premises as aforesaid, the sold Tenant does covenant and agree as follows. to-Wit: To pay the rent for said premises as hereinabove provided promptly when due and payable; to pay any and all charges for heating and lighting said premises; to keep all the improvements upon said premises, Including ail sewer connections, plumbing, heating appliances, wiring and class, in good order and repair at the expense of said Tenant, to order no repairs at the expense of the Land- lord; and, at the expirat.on of this lease, to surrender and deliver up said premises, including all heating appliances, plumbing, sewer •enrections, wiring and glass, in as good order and condition as when the same were entered upon, loss by fire excepted; to sublet no part of said premises, nor assign this lease or any interest herein, without the written consent of the Landlord first being obtained; to use said premises for no purpose prohibited by the laws of the United States, the State of Colorado, or the ordinances of the City of County . -___. Weld 10 ce r h�rea'I d d �d t i............ .___._.. y of Servl e...S'tp �ylrl �nµ , D �� Cy,t'O��l�proper cr questionable purpose whatsoever; to occupy the same as a _.-pro sift .s._.dls ributlon_ pOi n.t keep the sidewalks in front of and around said premises free from ice and snow, and said sidewalks and premises free from all litter, dirt. debris, and obstructions; to keep said premises clean and in the sanitary condition required by the ordinances and the health, sanitary end police regulations of the City of .. __.. _ ..-__.. ........._ - .________.__-, County of __._..Weld._._._ __.. to neither ermit nor suffer any disorderly conduct, noise or nuisance, whatever, about said premises having a tendency to annoy or disturb any persons occupying adfacent premises; to neither hold nor attempt to hold the Landlord liable for any injury or damage either proxima'e cr remote occurring through or caused by any repairs, alterations, injury or accident to above demised premises, to adjacent premises al ether parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof c coy other person, nor liable for any injury or damage occasioned by defective electric wiring, or the breaking or stoppage of the plume mg or sewerage upon said premises or upon adjacent premises, whether said breaking or stoppage results from freezing or otherwise. to neither permit nor suffer said premises, or the walls or floors thereof to be endangered by overloading nor said premises to be used le coy purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alteration or change in. upon or about said premises without first obtaining written consent therefor; to place no signs on exterior of demised premises without first securing written consent therefor; to permit the Landlord to place a "For Rent"' card upon said premise, at any time thirty days be tore the end of this lease; that, in case said permisos shall become untenantable by reason of fire, the rent shall cease while the same re being repaired, but that nothing herein contained shall be construed so as to compel the Landlord to rebuild or repair said premises iIf case of destruction unless __-.__.__. so desire • that no assent, expressed or implied to any breach of any one or more of the covenant; and agreements hereof, shall be deemed or taken to be a waiver of any suceeding or other breach; to permit •'de said Landlord, at any reasonable hcur of the day, to enter into or upon and go through and view said premises; to surrender and deliver up the possession of said premises promptly at the expiration of this lease, or, in case of the termination of this lease on account of re breach in the keeping of any one or more of the convonants or agreements hereof, upon three days notice And the said Tenant further covenants and agrees that If the rent above reserved, or any part thereof, shall be in default, cr in ease of p breach of any of the covenants or agreements herein, the said Landlord may declare this lease terminated, and alter the expim- of three days from the date of the service of a written notice to that effect, be entitled to the possession of said premises without :eerier notice or demand; and further, that in case the Landlord shall become entitled to the possession of said premises either by the •x;ncticn of this lecse or by any termination of said term as herein provided for, and the said Tenant shall refuse to surrender and ..liver up the possession of said premises, after the service of said notice as aforesaid, then and in that event the said Landlord may, ahcut further notice or demand, enter into and upon said premises, or any part thereof, and take possession thereof and repossess the as o! the Landlord's former estate, and expel, remove and put out of possession the Tenant, using such help, assistance and faro,-' .s so doing as may be needful and proper, without being liable for prosecution or damages therefor, and without prejudice to a iy It n.edy allowed by law, available in such cases. The tenant here-by declares that in entering into this lease he or she relied solely upon the statements contained in this lease and !city understands that no agent or representative of the Landlord has authority to in any manner change, add to or detract from the terns at :his lease. IT IS MUTUALLY ?GREED, that if utter the expiration of this lease the Tenant shall remain in possession of said premises and ontinue to pay rent, without any express agreement as to such holding, then such holding over shall be deemed and taken to be a holding titian a tenancy from month to month, and the party holding be regarded as a tenant from month to month at a monthly rental equivalent c :he monthly installments hereinabove provided for, payable in advance on the same day of each calendar month. FURTHER, that all the covenants and agreements In this lease contained shall be binding upon and apply to the heirs, assigns end legal representatives of said Landlord and said Tenant or any person claiming by, through cr under either of them or their agents or .morneys. 111 WITNESS '.':HEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. {2.2,14 ,,r —& /C. LaP14 {SEAL) CONSUMER$ OIL CO-OPERATIVE, INC . D hart P nson. B « LtL,.O' .-f 1!1. L; (SE Wy / / enant` Beu ah B. Parsons Landlords . .. . _. _.. ._ ....-.__ . ( EA;.) 4 p n z ' a 8 F 1 , a ; ( 0, i0 ' CJ-'D t° r F I M p O Ii C__/-D ii-1 g00 875 1'7968 ' From the South Quarter corner of Section Twenty-one (21 ) , Town- ship Eight (8) North , Range Sixty-two (62) West of the 6th P.M. a distance of 50 ft . North to the North line of the right-of-way of Colorado State Highway #14 ; thence east along said North line of said right-of-way a distance of 700 ft. to the point of beginning; thence North 145. 2 feet , thence east 303 feet , thence South 145 .2 feet to the North line of said Highway right—of—way, thence West along said North line of said right of way 300 feet more or less to the point of beginning, containing one (1) acre more or less ; AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property SE—l/4 S 21 T 8 N R 62 W 6th P .M. County of Weld, State of Colorado STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge. the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within Live hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. ND, INC Michael P . Duga , Corporate Counsel The foregoing instrument was subscribed and sworn to before me this /0Y day of 4,k.„ , 19 �f t by Michael P. Dugan, Corporate Counsel of Agland, Inc. WITNESS my hand and official seal. My Commission expires: (/c' g`td/27/7SS My address is : V-42 L, / Zz-z CJC 6,6 Notary Public NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL, STATE AND ZIP CODE IDENTIFICATION # 38581 Highway 14 S 21 _Herbert and )iann_ Cod iss BriggsdalR CO $0611 6286 , 6287 Lessee P . O. Box 338 S 21 _..gland, Inca Eaton CO 80615 6.286A S 28 ,lames B. Lue d.ng _ Br ggssiale CO 80611 _ .6310 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property SE-1/4 S 21 T 8 N R 62 W 6th P .M. County of Weld, State of Colorado STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSTGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. AGLAND, INC . Michael P. Duga Corporate Counsel The foregoing instrument was subscribed and sworn to before me this /�{ ,/ L/ day of (c/LIVet(�:.L� , 19 /., by Michael P . Dugan , Coro_ orate Counsel of Agland, Inc . WITNESS my hand and official seal. Fly Commission expires: C( etc,' �•C My address is : / 411/ /(---)-; % u,�' (05((3 Pubic )l'‘�� ( Public cc— Notary Public NAMES OF MINTERAL OWNERS ON OR UNDER THE PARCEL Delbert and Beulah Parsons one-half owners 38535 Highway 14 Briggsdale , Colorado 80611 Herbert and Diann Corliss one-half owners 38581 Highway 14 Briggsdale, Colorado 80611 (217,7 I:s goy Y / z s " s , " a e?. m i � LI 'y � ��` r. icy i ,y( >v 1 A " " g 6 7 k � �t 3 " " t `^. • 3• . V a - " 1• \ a y \. \"1 9 5 o `i I a ,M ,: 2 ll 9 lit " .1 7 a '.R ICI !, al / n ry y 4e� r 'N 3 MI it .2\.) ,1 s . iF s. • g�.,,, Iu E Y 1 air £ n Vier _ -, r• li Y ..Y2 • 2 27( (i?" 2 ) 2, 12 z 7 NI " II F+F {{ �'zr---6,,, ..- Effl®RAfDU WINGTo Planning Department Date November 1 . 1484 COLORADO From Director, Office of Emergency Management p4 Subject: . Case Number USR-656:84:52 To Whom It May Concern: Pursuant to State Senate Bill 172. Colorado Revised Statutes 29-22-107 (2) (a) hazard types and amounts shall be provided along with location to the emergency response authority, waste management division of the department of health and local fire district. Under these provisions no conflicts are noted with regard to the permit. cc: Robert H. Rhinesmith, Director, Weld County Information Services Agency — ir,-- —' ... ,1!.rte,�` C`.: ' f ,)/_' �- _rl f LII J7 19044_ _ .Weld Co. Planning Commission Hello