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Home My WebLink About871183.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE USE BY SPECIAL REVIEW FOR AN AGRI-BUSINESS FOR ANHYDROUS AMMONIA AND LIQUID FERTILIZER STORAGE - SIMPLOT SOILBUILDERS 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 9th day of September, 1987 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Simplot Soilbuilders, %Merlin Anderson, Box 129 , Gilcrest, Colorado 80623 , for a Use by Special Review for an agri-business for anhydrous ammonia and liquid fertilizer storage on the following described real estate, to-wit: Part of the NWI , Section 18 , Township 1 North, Range 63 West of the 6th F.M. , Weld County, Colorado WHEREAS, said applicant was represented by Merlin Anderson, District Manager, and 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 Weld 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 Weld County Comprehensive Plan as outlined in Agricultural Goal #3 . This Agricultural Goal states that the development of commercial and industrial uses directly dependent upon the agricultural industry will be promoted. 871183 Page 2 RE: USR - SIMPLOT SOILBUILDERS The proposal is also consistent with the Agricultural Policy #2 , in that the location of the proposal is in a vacated railroad right-of-way and will not remove prime agricultural land from production. b. The proposal is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review. c . The use permitted will be compatible with the existing surrounding land-uses and with future development of the surrounding areas as permitted by the Agricultural Zone District. d. The site is not affected by overlay districts. e . The applicant has demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed use. L . Use by Special Review Development Standards will 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 for a Use by Special Review for an agri-business for anhydrous ammonia and liquid fertilizer storage on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The application materials shall be amended to include the sale and storage of liquid fertilizer storage tanks . 2 . The attached Development Standards for the Use by Special Review permit he adopted and placed on the Use by Special Review plat prior to recording the plat. 3 . The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 871183 Page 3 RE: USR - SIMPLOT SOILBUILDERS 4 . Prior to recording the Use by Special Review plat, the applicant shall submit evidence to the Department of Planning Services that the Southeast Weld Fire District has reviewed and approved a training and safety plan. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D. , 1987 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COU 0 Weld County C erk and Recorder and Clerk to the Board Gord n ac irman BY: C.W Kirb , Pro- em Depu Count Clerk APPROVED AS TO FORM: ene R. Bra tner j J c J h S`C iC 0'« County Attorney �/' Frank Amagdchi 871183 DEVELOPMENT STANDARDS Simplot Soilbuilders, c/o Mervin. Anderson USR-800 :87 : 26 1 . The Use by Special Review permit is for an agri-business for anhydrous ammonia and liquid fertilizer storage as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Sign (s) shall be posted at the boundary of the Use by Special Review site where accesses exist identifying the operator, lease name, location, and emergency phone numbers , including area code , where the operator may be reached at all times. In lieu of the phone number on the site, the operator shall furnish the phone numbers to the Southeast Weld Fire District, the State and Weld County Health Departments , and the Weld County Office of Emergency Management. 3 . The applicant shall provide an individual sewage disposal system or a vault to be installed according to the Weld County Individual Sewage Disposal Regulations. 4 . The Use by Special Review site shall be seeded to an adapted perennial grass as recommended by the Soil Conservation Service in Brighton, Colorado. Those areas to be used for parking, scales or storage, and around any buildings shall be gravelled to prevent potential erosion. All weeds shall be controlled. 5 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 6 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 7 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance . 8 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 871182 Pace 2 DEVELOPMENT STANDARDS - SIMPLOT SOILBUILDERS -9 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 10 . The property owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 871183 HEARING CERTIFICATION DOCKET NO. 87-53 RE: USE BY SPECIAL REVIEW FOR AN AGRI-BUSINESS FOR ANHYDROUS AMMONIA AND LIQUID FERTILIZER STORAGE - SIMPLOT SOILBUILDERS A public hearing was conducted on September 9, 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated August 17, 1987, and duly published August 20, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of Simplot Soilbuilders for a Use by Special Review permit for an agri-business for anhydrous ammonia and liquid fertilizer storage. Lee D. Morrison, Assistant County Attorney, made this matter of record. The favorable recommendation of the Planning Commission, which is subject to three Conditions and ten Development Standards, was read into the record by Lanell Swanson, Planning Department representative. Merlin Anderson, district manager for Simplot Soilbuilders, came forward to represent the applicant and answered questions of the Board. After discussion, it was the consensus of the Board that a fourth Condition should be added requiring that the Planning Department shall receive evidence that a training and safety plan has been approved by the Southeast Weld Fire Protection District. No public comment was offered concerning this application. Commissioner Brantner moved to approve this request, -based upon the recommendation of the Planning Commission and Condition #4 as discussed. The motion, seconded by Commissioner Kirby, carried unanimously. This Certification was approved on the 14th day of September, 1987. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: 3/4712,12 WELD CO , LO 0 Weld County Clerk and Recorder and Clerk to the �G(B9rd Gor o cy rman By: );??I e. • , /y/ c Deputy/County rk C.W q/f Kirby, 'Pro'-Te/ _Gene R. Brantner \ o e . Y,...n Ja 1 Joh so Frank X aguchi TAPE #87-93 DOCKET #87-53 PL0274 A 3"r E N D A N E -E RECORD PLEASE write or print legibly your name, address and the -name of the applicant or Docket 4 for the hearing you are attending. TODAY'S -HEARINGS ARE AS FOLLOWS: SEPTEMBER 9, 1987 DOCKET 4 87-52 USR-OPEN-CUT WET GRAVEL PIT - ANDESITE ROCK COMPANY SJOCKET 4 87-53 USR-AGRI-BUSINESS FOR ANHYDROUS AMMONIA & LIQUID FE-RTILIZER STORAGE - SIMPLOT SOILBUILDERS _DOCKET # 87-54 USR-LAMB LIVESTOCK CONFINEMENT OPERATION - MOUNTAIN VIEW LAMB FEEDERS NAME ADDREE(SS HEAPING ATTENDING ,,Cif(.. 1-cint.x.q Lc -yfrlt .-,i i it, C / .� ff r ", \S ,t .(fC—dte a 'Ylledte,n �, 2 /l9i7 G/i'la fa ose/Fi. 7'//. S.,...w,--- "C-7 ' m CZ /J7pr a .--7 a (..• ' _tV J�VU L, /o I t a) 2_4 IL � (S,,,,FCC F� ti 11* / • i S /N Y- % ,:j;;,-,-/ /27 Z r'y/e j' , ,.r t-7z 6-7.--:G . ,LJ_ein -C o� :5771 S.2 SA. cJei a 3 A i . ....„...43,---4 -�i /O 54' 7 ce� 917 Zi',75 .kair _ ZeA/ik i� -v"1 At; ice'.' C .%'. " ;'- I . t 9Ss CO e • �� get/ i1 / / �> , -- d pp e7 ��' — p ! .. /ii ' 2 ( -' !. . CI ' 570 So Co Oct 1 �; Q/rjc N III C- - C . 00 41.9 I re a c 6L //CFO 1) c X $() /rahnt..- Nitil Vie uJ Al zi;N-c-tiPLrC £,( ) . t�-c.est /1/)O 5" S/ /1j /2/ /1.41/4/1.41/41`?" c-o oo 6/o /g/ /; eza ,Z-rs-.,----- 7(.3 ;,/77:?. tA ,i� /g7// 9 Ed-e) 4 e,, )- J, o, ; G'ret oo63I p7- 5-Li 871183 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 bf the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 91-5 1Dth Street, -First Floor, Greeley, Colorado, at the time specified. All persons in any -Wanner interested in the Use by Special Review are requested to attend and may be -heard. Should the applicant or any interested party desire the presence of a court reporter to make a -record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of -certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The most of engaging a court reporter shall be borne by the requesting party. 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 tenter, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-53 Simplot Soilbuilders % Merlin Anderson Box 129 Gilcrest, CO 80623 DATE: September 9, 1987 TIME: 2:00 -P.M. REQUEST: Use by Special Review - Permit for an agri—business for anhydrous ammonia and liquid fertilizer storage. LEGAL DESCRIPTION: Part of the NW} Section 18, Township 1 North, Range 63 West of the 6th T.M. , Weld County, Colorado. LOCATION: Approximately two miles south and .5 miles west of Prospect Valley, east of Meld County Road 61, and south of Weld County Road 10. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN EEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Barbara 2. Patten, Deputy DATED: August 17, 1987 PUBLISHED: August 20, 1-987, in the Johnstown -Breeze 871183 ExaptTif v v -AFFIDAVITOF PUBLICATION CE THE JOHNSTOWNJBREEZE —Pursuant to.the zoning laws of STATE OF COLORADO 1 d the State Colorado and the ) SS Weld County zoning Ordinance, • a-public ring will be held in COUNTY OF WELD 1 ty the of thee.Board of -County nem of Weld I, Clyde Briggs,do solemnly-swear that I -county, Cokrado, Weld County am publisher of The Johnstown Breeze; Centennial -Center, 916 101 Street Fist Floot. We ley,fied. that the same is a weekly newspaper -All o paernsepa einn narey°pmantannner printed, in whole or in part, and published interest QB1i0ia the Use by Special in the County of Weld, State of Colorado, Aund1°r a a rmed to atNnd and-has a general circulation therein; that Should the applicant or any said newspaper has been published interested--party. desire the continuously and uninterruptedly in said m�° of a""�pr„o„°eed County of Weld for a period of more than record°wi be keept taped during fifty-two consecutive weeks prior to the tie -Swim Na Clerk to the first publication of the annexed legal notice Bards Ole can be contacted or-advertisement; that said newspaper has for -a list. of certified court reporters In the area. If a court the Clerk t been admitted to the United States mailsas the 1°ooarrd's Obtained,ffice shall be second-class matter under the provisions of advised in wining of such action the Act of March 3, 1979, or any at least five days pilot to me hearing.The cost of engaging a amendments thereof, and that said court MAM0RU p shell orne by -newspaper is a weekly newspaper duly BE IT ALSO KNOWN that the qualified for publishing legal notices and text and maps-so certified by the advertisements within the meaning of the Weld County Planning Commie sloe may be examined in the laws of the State of Colorado. office of HMO**to the Board of -That the annexed legal notice or advertise- . _County Danmisuorme: located in the Weld County Centennial ment was published in the regular and Tenter,Wesley? Colorado Third entire issue of every number of said weekly DOCKET NO. 87.89 newspaper for the period of ..[... consecu- tive insertions; and that the first pI APPLICANT publication of said nnlicy,w s jn the issue of 9966 Merlin A den n aid newspaper dated.$ "), A.D. iblf.7, Box 129 Olk:reet_CO 90823 and that the last publication of said notice DATE: September 9, 1987 was in the issue of said newspaper dated , A.D. 19 TIME: 2:013-P.M • In witness whereof I have hereunto set REQUEST: Use by Spacial my han*this ..L day of a"- Review — Permit ,tat,an awl- ({ business for anhydrous ammonia A.D. 19. .7 and liquid WW fertilizer storage 4 �,�G � @FOh DESCRIPTION: the 6of th the NW76 Section 18, 'PartTownship f North, u Wty,C l the. th Publisher P.M. Weld County, Colorado. LOCATION: Approximately two miles south and 9 miles west of County°ProspecttRooad 6i, a°°st nnd-south Subscribed and sworn to before me, a Weld County Road to. Notary Public in and for the County of BOARD OF_COUNTY Weld, State of-Colorado, this ...24.. day of • WELD COMMISSIONERS C COUNTY, a,- �i A.D. 19.$..7... COLORADO / BY: MARY-ANN � _ FEUERSTEID L COUNTYDER CLEAND KCLERK AND <` CQ TO HE Notary Public. BY: Baran J..Fat a Deputy DATED: August 17, 1987 My commission expires y{rik.SJne•id.•t69.!•- PUBLISHED:August.20.1087,If P''` C(.'r the Johnstown n2. ,,,1� „ �r+bn Aven+a® _. Jai kw ISLDW' C'Lr 5U"3. A 8'71183 STATE OF COLORADO ) )ss. COUNTY OF WELD , /h/�) c UJ 1 low 6 s /� +B being duly sworn, says that he/she is pub- lisher of the KEENE VALLEY-SUN, a weekly newspaper published and ti t� - `_ printed in Keeneehurg in said County - - and State; that said newspaper has Pursuant to the zoning laws of the . " 915 10th Street, Third Floor, Greeley, a general circulation in said County State-of Colorado and the Weld County Colorado, and has been continuously and un- Zoning Ordinance, _public hearing will APPLICANT interruptedly published therein, dur- ing a-P a period of at least ififty-two be-held in the Chambers of the Board of Simplot Soilhnilders-. consecutive weeks prior to the first County Commissioners of Weta t ounly, "—" �^ c/o Merlin Anderson ta said newspaper is a newspaper publication of the annexed notice; Colorado, Weld County Centennial . Box 129 that within the meaning of the act of the Center, 913 10th Street, First Floor, Gilcrest,CO 80623 General Assembly of the state of Greeley,Colorado,at the time ifl Colorado, entitled "An Act to regu- spec ed. DOCKET NO.87.13 late the printing of legal notices and All persons in any manner interested in DATE: September9, 1987 advertisements," and amendments the Use by Special-Review are requested -TIME:2:00-P.M. thereto; that the notice of which the annexed is a printed copy taken from to attend and may be heard. -REQUEST: Use by Special Review- - said newspaper, was published in said Should_the applicant or any interested Permit for an agri-business for anhydrous newspaper, f In the regular and o desire thepresence of a court ammonia and liquid issue of every number thereof, -Pant fertilizer storage. reporter to make a record of the LEGAL, DESCRIPTION: Part oT the once a week for b14-4— successive proceedings, in addition to the taped NW 1/4 Section 18, Township 1 North,. weeks; that said notice was so pub- record which will be kept during the lished in said newspaper proper and P _Range 63 West of the 6th P.M., Weld not in any supplement thereof, and -hearing, the Clerk to the Board's Office County,Colorado. that the first publication of said no- can be contacted for-a list of certified �a court reporters in the-area. If a court Z south and : miles Approximately two smp ct es thin as aforesaid, was on the � and .5 miles west of Prospect reporter is obtained, the Clerk to the Valley, east of Weld County Road 61, day of (lug lg(il S 19 $ Board's Office shall be advised in writing and-slwdrof Wetdlttlanty Road M. of such action at least five_days prior to BOARD OF COUNTY and the last on the -2 day of the hearing. The cost of-engaging a COMMISSIONERS Y court reporter shall be borne by the WELD COUNTY,COLORADO ,:�z <y lui___...._, is.t:7.arequesting party. BY: MARY ANN FEUERSTEIN � �/� BE IT ALSO KNOWN that the text COUNTY CLERKA RECORDER and maps so certified by the Weld &CLERK TO THE BOARD County Planning Commission may be BY: Barbara.I.Patten,Deputy examined in the office-of the Clerk to the DATED: August 17, 1987 -Board of County Commissioners,located PUBLISHED: August 20, 1987 in the Subscribed and sworn to before me in the Weld County Centennial Center, -Keene Valley Sun this s2J... day of se=t ztY.f.1.Jk is '7i ;asti4.e..f..' SIC v a , ,z:,/e-o 871183 ' DATE: August 17, 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 9th day of September, F987, at 2:00 P.M. Docket No. 87-32: Amended Use by Special Review - Open-Cut Wet _Gravel Pit to include a Concrete Batch Plant. Docket No. 8733; Use by Special -Review — Permit for an agri-business for anhydrous ammonia and liquid fertilizer storage. Docket No. 87-54: Use by -Special Review - A 20,000 Head Lamb livestock Confinement Operation in the A (Agricultural) Zone District. OFFICE DF THE CL£ TO THE BOARD BY: eputy T-he above mentioned tearing date and hearing time may be scheduled on the -agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUN , C 0 0 871183 , xss/Hnn Summary of the 'Cel3 Cc-,'n y Planning Commission Meeting July .71, 1.987 Page 6 MUTTON; Ann Garrison moved ¶Thse Numbtr =280:87:7 for Bali Aerospace Syste DL 'isian _for a final '_'fiancee Unit Development plan for a Urvc6.enic Research. Center be iorwar. ed to the Board or County Commissioncro with tae Planning Comsicsion's recommendation for approval based upon the tecommerfrJ.ons and conditions as enL fine i 1,y 2`, : £epartment of Planning _Services' .?tali :•ld it amenae3 r and th. teL-Imory ;;earn by the _members of the Planning i s m,_i.ss:i ',t. Motion secondec 1:y Loo:oEndemacteit. The Chairman ce lea for -discussion from the members of the i .eni na Commission. Discuss 'allowed. 122 Chairman nkee ... .retaty to poll the members ' of of the TPlarroLnR Commission t- : r ._. __slon. Louis :Rademacher — Gosnell — at: ra: r nn an , isan — yas; Jack Neiman — yes. Mo: n ),...fried with three vc' '_ :.ig `-.r tne melon and one abstaining. The Chairman called .. 1.reai A. 3:00 p.m. The meeti.ni wos -:ero-uvc:,ei. at 3:08 p.m. CASE NUMB£-R LSR-8 . .`.; :76 ▪P LICANT: nit: lot se :milder.., c/o Merlin Anderson -REQUEST: Use by Special -view permit for an Agri-Business (a perr..anen) s' ._ for anhy2rous ammonia storage) LEGAL DESCRIPTION: Part of the NW} of Section 18, TIN, R63W of the 6th P.M. , Wind County, Colorado -LOCATION: Approxima_te]y 2 miles south and .5 miles west of Prospect Valle) : east cL W1, Coo;:: y Road 61 nod south of Weld County Road ;C APPEAIIANCE: Gene Erie, Simplot Soil-builders, Gilcrest, Colorado, represented the applicant. They want to mcv:d their anhydrous anmtmia storage into tie dryiand near Keeres(:•..- . They currently have in. excess stf 8,000 gallop anhydrous ammonia r r c'. it Jtl:nstot a site and they -wish to move it to r::; location. Thera will oe none stored here in the winter. They also wish to store liquid fertilizer here. This would be stored in 6,000 gallon poly tanks to service the farmers in the area, however, it is not in their application -materials. Rod Allison stated the Planning Commission may act on this request and ask the applicant to submit the necessary application materials prior to this request being heard by -the Board of County Commissioners. -6711-83 Summary of the Weld County Planning Commission Meeting July 21, 1987 Page 7 Tape 289 — Side 2 Gene Uri-e stated this was on the original request, but for some reason it did not carry over to the final application materials. Rod Allison explained that he felt the Planning Commission could state they feel this is a minor change, and the required materials could be submitted before the request is heard by the Board. Lee Morrison explained that if the Planning Commission agrees to include the liquid fertilizer tanks the heading should be changed, there should be a should a condition pertaining to the proper information and materials being submitted, and Development Standard 111 should make reference to the liquid fertilizer storage tanks. AMENDMENT: Ann Garrison moved Developmenr Standard Ill be amended to read as follows: 1. The Special Review Permit is for an agri-business for anhydrous ammonia and liquid fertilizer as submitted in the application materials cn file in the Department of Planning Services and subject to the Development Standards stated hereon. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. AMENDMENT: Ann Garrison moved the heading be amended to read---REQUEST: Use by Special Review permit for an agri-business for anhydrous ammonia and liquid fertilizer storage, and a new Condition Ill be amended to read as follows: 1 . Prior to the Board of County Commissioners' meeting, the application materials shall -be amended to include the sale and storage of liquid fertilizer storage tanks. and that the existing conditions be renumbered accordingly. Motion seconded by Louis Rademacher. 1371183 3 Summary of the Weld County Planning Commission Meeting July 21, 11387 Page 8 The Chairman called for discussion from the members of the Planning Commission. There was no further discussion. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading the recommendations, conditions, and development standards as recommended by the Department of Planning Services' staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Ivan Gosnell moved Case Number USR-800:87:26 for Simplot Soilbuilers for a Use by Special Review permit Tor an Agri-Business _for anhydrous ammonia and liquid fertilizer storage be forwarded to the Board rf County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined -by the Department of Planning Services' staff and amended by the Planning Commission, and the testimony heard by the members of the Planning Commission. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members mf the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their -decision. Ivan Gosnell - yes; Louis Rademacher - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. NOTICE: ',smell Swanson, Current Planner, is now representing the Department of Planning Services' staff. CASE _NUMBER: USR-801:87:27 APPLICANT: Mountain View -Lamb Feeders, -c/o Roland Rench REQUEST: A Use by Special Review for a Livestock Confinement Operation for 20,000 lambs in the A (Agricultural) zone district LEGAL DESCRIPTION: Ni SE of Section 24, T7N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles north of Severance. 871183 ' BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ivan Gosnell 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 applicatio for: WEEP crr'; r;rPNiwrRS �.� CASE NUMBER: USR-800:87:26 � �: sJ ,'�'' `'�! F. NAME: Simplot Soilbuilders c/o Merlin Anderson Jl1L 2 41987 I' reela,/), ADDRESS: Box 129, Gilcrest, CO 80623 iGREELEY. COLO. REQUEST: Use by Special Review permit for an agri—business for anhydrous ammonia and liquid fertilizer storage. - LEGAL DESCRIPTION: Part of the NWi of Section 18, TIN, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately (2) two miles south and .5 miles west of Prospect Valley, east of Weld County Road 61 , and south of Weld County Road 10. be 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 Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan as outlined in Agricultural Goal 113. This Agricultural Goal states that the development of commercial and industrial uses directly dependent upon the agricultural industry will be promoted. The proposal is also consistent with the Agricultural Policy 112, in that the location of the proposal is in a vacated railroad right-of-way and will not remove prime agricultural land from production. - The proposal is consistent with the intent of the Agricultural District and is provided for as a Use by Special Review. - The use permitted will be compatible with the existing surrounding land-uses and with future development of the surrounding areas as permitted by the Agricultural Zone district. Ex.,, 871183 - The site is not affected by overlay districts. - The applicant has demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed use. - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1 . Prior to the Board of County Commissioners' meeting, the application materials shall be amended to include the sale and storage of liquid fertilizer storage tanks. 2. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 3. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Louis Rademacher. VOTE: For Passage Against Passage Louis Rademacher Ivan Gosnell Ann Garrison Jack Holman 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. 871183 Simplot Soilbuilders USR-800:87:26 Page 3 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 July 21, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 22nd day of July, 1987. t o\-taS- Or Bobbie Good Secretary 8'71183 DEVELOPMENT STANDARDS Simplot Soilbuilders, c/o Mervin Anderson USR I800:87:26 1. - he Special -Review Permit is for an agri-business for anhydrous ammonia and liquid fertilizer as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Sign(s) shall be posted at the boundary of the Use by Special Review Site where accesses exist identifying the operator, lease name, location, and emergency phone numbers, including area code, where the operator may be reached at all times. In lieu of the phone number on the site, the operator shall furnish the phone numbers to the Southeast Weld Fire District, the State and Weld County Health Departments, and the Weld County -Office of -Emergency Management. 3. The applicant shall provide an individual sewage -disposal system or a vault to be installed according to the Weld County individual Sewage Disposal Regulations . 4. The Use by Special -Review mite shall be seeded to an adapted perennial grass as recommended by the Soil Conservation Service in Brighton, Colorado. Those areas to be used for parking, scales or storage, and around any buildings shall be gravelled to prevent potential erosion. All weeds shall be controlled. 5. 11ll Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 6. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.3 of the Weld County Zoning Ordinance. 7. The property owner or _operator shall be responsible for complying with the -Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. S. personnel from the Weld County Health Department and Weld Lounty Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. -871183 Simplot Soilbuilders c/o Mervin Anderson USR-€00:87:26 Pagel 9. The Use by Special Review area -shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as -shown or stated shall require the approval of an amendment of the -Permit by the Wald County Planning Commission and the Board of _County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of -Planning Services. 10. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the -Permit ty the Board of County Commissioners. 871183 INVENTORY OF ITEMS TUBMIT':ED FOR -CONSIDERATION Case Number /i,_sK Bap:o57• 6 Submitted or Prepared Prior to clearing 4t Hearing 1. Application -,?3 Pages 1/ Application.plat(s) / -page(s) 1....,- 3. DPS Referral Summary Sheet s' 4. DPS Recommendation �. DPS Surrounding Propery Owner Mailing List .� vy 6. DPS Mineral -Owners Mailing list • 7. '' DPS Maps Prepared by Planning Technician ✓ 8. DPS Notice tf Hearing ,/ 9. DPS Lase Summary Sheet / 10. DPS Field Check ✓ 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /O Stems identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I _further /ertify that these items were forwarded to the Clerk to the Board's office en 444/(4,114( 1389. , C lan STATE OF _COLORADO ) COUNTY OF WELD ) SUBSCRIBED :1N'D SWORN TO BEFORE ME THIS -ZA DAY OF QC�Ct , 1915_1_, SEAL p�o\.vw\ah , te,A. • NO7tp.RY PUBLIC fl- a q M,y CcrmL-s'cn rxpfas-Feb. 13, 1989 • NY COMMISSION EXPIRES /'� EXHIBIT INVENTORY CONTROL SHEET Case Is - ,.Y it��5Z�c 6t%cc�tGt i Exhibit Submitted By Exhibit Description % A.G. �"�-l�Q��!/�� 1i' ece n,yr, >� >./I1..rr z iAer2,24- D. 1/7 Si;yeeP/ ier-zat/ 77-a-Zeey O-414-a;,- E. F. G. H. I. J. R. L. M. N. 0. 871183 Date: July 21, 1987 CASE NUMBER: USR-800:87:26 NAME: Simplot Soilbuilders c/o Merlin Anderson ADDRESS: Box 1219, Gilcrest, CO 80623 REQUEST: Use by Special Review permit for an agri-business for anhydrous ammonia storage. LEGAL DESCRIPTION: Part of the NW} of Section 18, TIN, 163W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately (2) two miles south and .5 miles west of Prospect Valley, east of Weld County Road 61, and south of Weld County Road 10. 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 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan as outlined in Agricultural Goal 113. This Agricultural Goal states that the development of commercial and industrial uses directly dependant upon the agricultural industry will be promoted. The proposal is also consistent with the Agricultural Policy 112, in that the location of the proposal is in a vacated railroad right-of—way and will -not remove prime agricultural land from mroducti-on. - The proposal is consistent with the intent of the Agricultural District and is provided for as a Use -by Special Review. - The use permitted will be compatible with the existing surrounding land-uses and with future development of the surrounding areas as permitted by the Agricultural Zone district. The site is not affected by overlay districts. 871183 Simplot Soilbuilders USR-800:87:26 Page 2 - The applicant has demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed use. - Use by Special Review Development Standards will provide adequate prot-ection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Use by Special Review permit -be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clark and Recorder. 871183 DEVELOPMENT STANDARDS Simplot Soilbuilders, c/o Mervin Anderson USR-800:87:26 1 . The Special Review Permit is _for an agri-business for anhydrous ammonia storage as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Sign(s) shall he posted at the boundary of the Use by Special Review Site where accesses exist identifying the operator, lease name, location, and emergency phone numbers, including area code, where the operator may be reached at all times. In lieu of the phone number on the site, the operator shall furnish the phone numbers to the Southeast Weld -Fire District, the State and Weld County Health Departments, and the Weld County Office of Emergency Management. 3. The applicant shall provide an individual sewage disposal system or a vault to be installed according to the Weld County individual Sewage Disposal Regulations. 4. The Use by Special Review site shall be seeded to an adapted perennial grass as recommended by the Soil Conservation Service in Brighton, Colorado. Those areas to be used for parking, scales or storage, and around any buildings shall be gravell-ed to prevent potential erosion. All weeds shall be controlled. 5. All Construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 6. The property -owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 7. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 8. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 8711-83 1183 Simplot Soilbuilders c/o Mervin Anderson USR-800:87:26 Page 2 9. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 10. The property owner or operator shall by responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. 871183 LAND-USE APPLICATION SUMMARY SHEET Date: July 14, 1987 CASE NUMBER: USR-800:87:26 NAME: Simplot Soilbuilders c/o Mervin Anderson ADDRESS: Box 129, Gilcrest, CO 80623 REQUEST: Use by Special Review permit for an agri-business for a permanent site for anhydrous ammonia storage. LEGAL DESCRIPTION: NW} of Section 18, TIN, R63W of the 6th Y.M., Weld County, Colorado _LOCATION: Approximately two miles south and .5 miles west of Prospect Valley; east of Weld County Road 61, and south of Weld County Road 10. SIZE OF PARCEL: 2.5 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of the proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Service's Staff has received specific recommendations from the following referral entities: - Weld County Office of Emergency Management - Weld County Health Department - Brighton Soil Conservation Copies of these referral responses are included in this summary. The Department of Planning Service's Staff has received no objections to the proposal from the following referral entities: - Engineering Department - Weld County Building Inspection Department - Surrounding Property Owners - Surrounding Mineral Owners The Department of Planning Services Staff has not received a referral response from the following: - Southeast Weld Fire District 871183 I� ;.� II• I 14 j y v 33 » v » n aI u 33 » �II � • . x ) . IN I i . i r � • N • I • \ i 52 22 53 r N 20 II 25 r 34 if xi r N A.7-27.74•74. 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'fy F .:t.1 + 3.1 Fj # 4. i ti _ fir - • - __—_ = T! h- �y mi REFERRAL LIST APPLICANT: Simplot Soilbuilders c/o Mervin Anderson CASE NUMBER: USR-800:87:26 SENT REFERRALS OUT: June 12, 1987 REFERRALS TO BE RECEIVED BY: (lune 29, 198) NO SR NR NO SR NR County Attorney V X Weld County Health Dept. exr X Engineering Department 47so to l o s 7 Z - e4 1/ Llo _Ob __� — - County Extension Agent X Offices of Emergency Mngme Lit X Weld County Building Inspection Department ✓ X Brighton Soil -Conservation Service 60 South 27th Avenue Brighton, CO 80601 X LeAnn Reid Planning Commission Member 7830 Weld County Road 81 Roggen, CO 80652 X Southeast Weld Fire _District --- c/o Ardith A Cody 111111 P.O. Box 5 Roggen, CO 80652 Try. Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO—No Objection SR=Specific Recommendations NR=No Response 871183 ,:k.,: go To I iann u l Da:e COLORADO " `rm"Prom Case USR-800:8'• ?c Subiec:: - _- iot - se by Special Review concerning Simclot ' s rPcuest ic-- - -- 12,000 call-on storage tank for anhydrous ammonia has just bee: --. _ _: :_c_,rdous materials regulations, the names -and phone -numbers; of L.=- r =- ponse personnel must h-e submitted to the local fire denartm.ent, state an: • ounty health Aepartments and the DERA- designated emerrencr resn-o r-= - drity, which in Weld County is the Office of Emergency •• - _ -- - . Also Material Data _Safety Data sheets must be submitted to t' : ancv Response Committee for the the fulfillment of the Commu_n_ - - - - - . .Ow law. ii JUL 08 1997 1. Weld Co. PlwriQ Cammrs;ior; 871183 „, 00(„tier mEmoRAnDum WinWeld County Planning June 22, 1987 To Date Health Protection Services COLORADO Fmm L � , • [jee4n -cr Case Number: USR-800:87:26 Name: Simplot Soilbuilters CIO Subject: Meiliu Anderson---- Health Protection Services has reviewed this proposal and recommends for approval, subject to the following _condition: 1. An individual sewage di-sposal system or a vault is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 7 --c,--1511 .,iiAiyi It_5d L i "Iii._ i ' !Um 9 ; 1987 , HIV 4P� h183, mnbss w Southeast Weld Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 - Phone 659-7004 June 19, 1987 11x. Bn,i.an. &:ngLe, Ptannen Weld County, Colorado Depahtment os Planning Setviees 915 10th Street Gtepley, CO 80631 RE: Case Numbeh USR-800:87:26 Simplot Soil Bwilde o Deax Mt. Binge!: Soils where this Special Use -i4 proposed axe pn.ime agnLcuLtutal Land, aeeohding to the Impontant Faxmtand Map Sox (Deed County, Colorado. S01/A axe Colby Loam, 1 to 3 pexeent slope and Weld Loam, 1 to 3 pexeent slopes. These 40iib have a modekate limi- tation Soh Locae toads and st'ceets. The Weld Loam 6011 has a modexate L.unit.tion Sot Local toads and streets and buildings due to low stkength os the 4011 and sh%Lnk-sweep potential. 04 the s 011. The entbte axea La £n weeds at the present time. We Seel the area should be seeded to an adapted petenn%aL gxnss at glasses. The Soil ConsexvatLon Setviee £n Bni.ghton, Cototado, wouCd pica- vide a seeding teeommendation tis a request was made to them. (Deeds should be contAolted until the grass £4 estabLL6hed. Heavily cased axeas and around any buildings, scales ox storage tanks, should be gxave.Ued to ptevent any potential ehos-ion. Should weeds stain to gnaw in the grave£ area, they should be controlled. S.incexely, 776z.c- a✓ Maze S x nos, Pte s ident Board o4 Supex.v.i6oxs f"' t, iur.i 2 31997 �ic!d no, Phnom Latino!!!CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT 871183 FIELD CHECK FILING NUMBER: USR-800:87:26 DATE OF INSPECTION: June 26, 1987 NAME: Simplot Soilbuilders c/o Merlin Anderson REQUEST: Agri—business for a permanent storage of Anhydrous—Amonia. LEGAL DESCRIPTION: Part of the NWI of Section 18, TIN, R63W of the 6th P.M., Weld County, Colorado. LOCATION: East of Weld County Road 61 , south of Weld County Road 10, and approximately 2.5 mile south of Prospect Valley. LAND USE: N Corn crops, single family residence E Corn crops S Corn crops W Weld County Road 61, single family residence ZONING: N Agriculture "E Agriculture S Agriculture W Agriculture COMMENTS: Access on to the property is from Weld County Road 61, a county local in function. There is one structure on the property which appears to be either a well house or a storage shed for the telephone service. All land in the surrounding properties are being utilized for a agricultural production. By: Brj J Be Curre annex X'71183 SURROUNDING PROPERTY OWNERS USR-800:87:26 SIMPLOT SOILBUILDER, C/O MERVIN ANDERSON Ruben and Marie Hergenreder 3710 Weld County Road 61 Keenesburg, CO 80643 William H. Bell 30263 Weld County Road 8 Keenesburg, CO 80643 Ronald and Sue Grobrian 6325 Weld County Road 23 Fort Lupton, CO 80621 Edward and Gladys Johnson 3487 Weld County Road 61 Keenesburg, CO 80643 871183 SURROUNDING MINERAL OWNERS USR-800:87:26 SIMPLOT SOILBUILDER, C/O MERVIN ANDERSON Western Sugar Company c/o Paul A. Olt 555 17th Street, Suite 1500 Denver, CO 80200 Glacier Park Company c/o Gene M. Holgate 14001 East Illif Avenue, Suite 415 Aurora, CO 80014 571183 DEPAR 'ENT OF PLANNING SERVICES i PHONE(303)356-4000 EXT.4400 fjV - • 915OL 10th STREET �f• 1 GREELEY, COLORADO 80631 • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, July 21, 1987, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for an an Agri—Business for the operation of a permanent storage site of anhydrous ammonia from Simplot Soilbuilders,_c/o Merlin Anderson the parcel of land is described as the NW} of Section 18, TlE, R63W of the 6th P.M., Weld County, Colorado, containing 2.5 acres, more or less. The property is located approximately 2 miles south and .5 miles west of Prospect Valley; east of Weld County Road 61 and south of Weld County Road 10. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will he conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth 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 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on July 21, 1987. Copies of the application are available for public inspection in the Department -0f Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by June 27, 1987 ne Received by: "/ Date: v 'If 871183 SIMPLOT SOILBUILDERS GILCREST, COLORADO CASE NUMBER: 6SR-S00 :87 :26 REQUEST: USR PERMIT FOR AN AGRIBUSINESS FOR ANHYDROUS AMMONIA STORAGE . SUPPLEMENTAL REQUEST : REFERENCE IS HERIN MADE TO ITEM (9) OF THE DEVELOPMENT STANDARD OF THE DEPARTMENT OF PLANNING SERVICE STAFF RECOMMENDATIONS. IT WAS THE ORIGINAL INTENT OF THIS REVIEW PROCESS TO INCLUDE THE OPTION OF UTILIZING A TEMPORARY , MOBILE 6000 GALLON PLASTIC LIQUID STORAGE TANK AT THE SLOAN SITE . THIS WOULD OFFER AN ALTERNATIVE FERTILIZER SOURCE TO AREA GROWERS WITHOUT COMPROMISING THE ORIGINAL INTENT OF THE USR CONDITIONS. THE TANKS WOULD BE PLACED DURING ACTIVE FERTILIZER CONSUMPTION AND THEN REMOVED. OTHER CONDITIONS OF THIS USR WOULD BE UN- AFFECTED BY THIS ADDITIONAL REQUEST . THE PROPOSED SITE FOR THE TANK WOULD BE JUST EAST OF THE ANHYDROUS AMMONIA STORAGE BOTTLE AS SHOWN ON THE ACCOMPANYING PLOT PLAN. GENE YOUREE, MANAGER 871183 •Y R is • 1 . Y{ b v y 1 I fi � if I ..(.7.1_,�n r o u s. .�rn in,-O, •n r a _i_ e �.�¢ u ft 't.t n4 'fit 5;4' 2�._' ,-;.:..,r, � �K �' ir-Yfk-,� -R''' i .I s t ya. e n�. a't x , G S 44 a z?''�",. :14e e 4� t �t .'k 4f 11'4,v• ( "rtt's • j w I Y +�i ..�.�T `t$' 5 ilk' Y-�J' ;� x rt j e! S t ,�x'F ♦ � � n il 3 2WY4�'�1 j " ' 41yq " o �k. ¢ !•°3 ;-.5h:f a {;r4.- "•;.::',.:—.1y• .,g { tl • f"t+?` •Wi+ J' .n ^; t L 5 y .v ttN: i_,_- �f • � # bf ,i '.G'5's. 1 *'.jam°f�.49". ';‘/-r-4, ',.*-- r -15 5 .„ , tN. ilt ` , �3 as • >' -n a ,ry:.t' `.1 „y x� �f {, f h' p ": 4 ' . F�,,.4- Nil.". v% 5.4 y •T -,....;;,,,.-5....,....:...t• ,,,,-,:k.;;;,;24:,, R as '.-�^rt,�. 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'k'Y'+'>.aEG:5Fsc USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, 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 -.sem.vt.=...s:nvvaavva.xmn_mmnvavama......scmeecansvm.Qevcmv......cvvmcmav TO BE EOMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County -Board of County Commission-ers concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NP4 Section 1R T 1 N, R 63 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Nl4+j Section 1A T 1 N, R 63 W Property Address (if available) None PRESENT ZONE Agri cut tura1 OVERLAY ZONES TOTAL ACREAGE 2 . 5 Acres PROPOSED LAND USE Anhydrous Ammonia Storage EXISTING LAND DSE Beet Lump SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — — — Name: Western Sugar Co . a, Paul A. Lit Address: 555 17th St . — Spite 1501xity Denver On Zip 2412_02 Home Telephone # Business -Telephone P # 303_2')3_3155 Name: Glacier Park Co . 4( Gene U. Hnlgate Address: 14001 B. I1iff AV . , Suite City Aurora , On . Zipm)f14 Home Telephone # 415 Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Simplot Soilbuilcters % lerlin Anderson Address: Box 129 City Gilcrest . Co . Zip 90623 Home Telephone # 308-3A4-7357 Business Telephone # -.7ii.2.. ),Q,:7_573i- 2_kd-(/ List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Per above Address: — City Zip Name: Per above Address: City Zip v I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained -within the application are true and correct to the best of my knowledge. COUNTY OF OLOR ) � STATE OF COLORADO ) S ature: Owner or Authorized Agent Subscribed and -sworn to before me this 7 ay of 19 V. ��ti _sti_- / NOTARY PU// II 46,42// My commission expires 74499 6Zac._ e a ko&q/1' X711-83 . i n i — `^��R io ______\ y 89.E 992 I O•^n e own r s : N Ronal n Sue ( Reub n & Marie ergenreder ' Gr, rian I L � NW.I- ee /8, Ti , /�63�✓ Xi 14E Gee / Tl oil, R6gW Ili .i • O oi 494 D yS loan Like WH3 Sit 0° / / / y /600 7 - 4922 ,-� II 'ate. 1-- fog — �_ ' �_ ' --'- 0In�.n 1g7- , Soi class : Nunn loam, -to _194 slo e I sed almost e rely igate crops . m_ ilit is modern es law: _ ffective rooting depth is 60" or more. I urface run-off is slow, nd erosion hazard i s low. V i 1n^r : Owner : E.-ward ,t Gla s I i William H. Bell Johnson SE Sec /3 SWyv Sec /8, 7 , TJ R64W / \ I i 8711 J k-- -,00z - - >I I co � H dlCO Q O � Q . y 0 a) i a o, H------' 'C: CI. I i cj oi 0— Id a- +— Tom . 0 O • O v Y LO y---' III \ -ice s I� c co I � ) i 'v Q) 9 �' OO J•- O 1 I '' 't 7 11 d ` ^ -- 00i li O y''l t i ti C./ v G ---0 u (7_,_ ---0 C_) ,,\J c o cc SU'PLOT �.i; __..:•3 w'- i GILCREST, COLul'.HGt' •t'��" JUNE S, APPLICATION REQIJ I REME;•. _;EGT1Or'1 ;; :�.. _.i• • -- AMMONIA T ANr. YO AREA. or'ERAT I O •s s � _._. iuL .• hi F:t_ljs�. NEED =!-: _ _ . —:ME :r•ivEO E;i NEGriT I T t'1i7 6I LCkE_T Tr. ,Rs, r ':-.-- t.. RT AEL -I ... MARKETING i+4 C CSS �� (.I r r _:fit.;•. A LXIST . • OF SURROUNDING r R:•' ' •- -t'I_:ilNDlNii r'ri:'PEF1• fE.ti• Hi<i:. __ir:.F?E.f•. ' CROP Trii f.,OR.TH----Cp F'k':?L! CT+ 0;{ TO Tr : l!`IT—1— l :tir��F' PRI_ioucT i ON T —! r+; l:.AST__1 ►�::;"f'.1R.l.: �r'tf:[! r'I TV WEST--C R.I:tp PRODUCTION fyi STHI..•.r PROPOSED t E TO RE" i l?E'':TIr L ^-_TIC.!C { : . ._u ,.I _k: TO THE NORTH Ii-•IYI 7IFT TO THE SOUTH ITH • ; Iii _t_ TO T:-!E EAST M z.i MUM .+;.I-IUEk. OF Ut:.-tr:S , Eu 'ERs , Prot-- TO AND FROM THE E;E rsr,! r• ... !1.11 .,..._ EMPLOYEES , ,'( - i -AN 110 TRIP', PER !-!H c NUMBER. C* EMPLO(EEF:, =:F J AN!' OPERATION: HOURS I_, EMPL_O'IEES: 2 MHxiMUri itl, .._,�. 8'71183 : 'l , TYPE OF i. TER SOURCE FOR PROPOSED USE.: POTABLE WATER WILL EE BROUGHT TO SITE BY SIr1P �, , 1 4�. T E, 1F LCWEES. Its::= HATER IS THE (JNLi SAFE 1,A TG THE. ,,ERMAL EFFECTS OF ) .:'uS r h GALLON TANKS WILL SE USEI-) TO FILL OPEN SUFFICIENT TO IMMERSE THE ENTIRE HUMAM EUDY . ACCESS R.Ou.:TES FOR PROPOSED USE: ACCESS TO -PROPERTY WILL DL FROM WELD COuNTY ROAD 61 . T'A'PE •:1 '_ , WEIGHT AND FREQUENT . OF YEH_ :L�Li R TRAFFIC:- I --SUPFE.`i' TRUCKS ONCE EVERY 1 TO 2 DAYS. TY°E J- ,.Cr)MPANY PICKUPS TONING ANHYDR..OU!.; AMMONIA TRAILERS: DAILY EWABE PORT-._..E TOILET FACILITIES WILL EE USED . DESOR I FT I ;1:: OF PROPOSED FIRE PROTECTION MEASURES: AN;-yr _SUS AMMONIA IS A NON—FLAMMABLE, Hf2rlh, :=sus MATERIAL THAT PRESENTS. 'dam: ;''I PE HrZA TA'PES 4NO MAXIMUM OF ANIMALS TO EE ON USE BY SPECIAL REIJIEW AREA: NO .ANIMALS WILL BE PRESENT AT (,4` TIME. TYPE ANC) SIZE OF Ar4Y WASTE, £•TOCr'.F'.( :..E OR STORAGE AREAS. • AN( WASTE WILL BE MINIMAL. ANY MATERIALS FALLING INTO THIS CATEGORY WILL BE ; REMOVED AS NECESSARY BY COMPANY EMPLOYEES TO AN APPROVED SITE. TYPE OF ;STORM`.RETENTION FACILITIES . NO STORM WATER RETENTION FACI LI TI E ARE PRESENT. THE AREA IS FLAT AND SURROUNDED BY -AGRICULTURAL LAND. TIME gCHgcuLE AND METHOD OF DEBRIS REMOVAL. DEBRIS: WILL BE REMOVED LIEEKL r BY COMPANY LANDBOP41446 PLANS AND EROSION COt.(T. )I.. MEASURES . • 871183 3 • hi: i_:=,',41:sCAPING IS BEING PLANNED. THE USE BY SPECIAL REVIEW AREA IS E::'TR:EJ'IEL.Y '• FLAT AND CONSTITUTES NO EROSION HAZARD. I . II RECLAMATION MEASURES UPON CESSATION -OF Lo:;C. BY • SPECIAL REVIEW ACTIVITY. 1. AFTER BUSINESS _CESSATION, LAND WILL BE PUT i BACK TO PRESENT USE. TIME TABLE =OR. CONSTRUCTION AND START-UP. ' FOUR CONCRETE BASE JUNE 20 , 198Y TANK JUNE 25, 19S7 E .r:. -r:.I CAL HOOK-UP ---JUNE. 26 , 1i?. r:: :..;, _.TORAGE JUNE 27, 1967 ; . BE.ti PRODUCT EXPORT__.._ j,1__•.r 01 , 198? i 1 . SECTION - i s I STATEMENT CF PROPOSAL CONSISTENCY WITH WCCP . ' 1; T,E v;ELD COUNTY COMPREHENSIVE PLAN PRU ff.- I'• i-I AGR I •:'•-,LTURE AND AGRICULTURAL INDUF7!.11, LC': ;!::. ,:,S THEY DON'T INTp.FERE WI's 2i!1E AGE;I ':JLTURAL LANG. a T+i PR PASAI. WOULD BE LCATEL) ON NON-PRODUCTIVE {' LAr'. I , THE I COMPREHENSIVE PLAN ALSO PROVIDES1. AGRICULTURAL POLICIES FOR AGRICULTURAL . -ACTIVITIES AND USES DEPENDENT ON AGRICULTURE . t STATEMENT OF PROPOSAL CONSISTENCY WITH THE INTENT OF THE DISTRICT. L THE PROPOSAL 7 c I: S CONSIST ENT WITH a HE AGRI CuLTURAI ZONE D1 S"f R i CT BECAUSE i- ;•:ILL POSITIVELY AIL: THE , .GRICULTU►RAL BUSINES'-, IN THE PROSPECT AREA. I. I! • THIS IS AN AGRICULTURAL ORIENTED BU . r ._f. S. S PROVIDED BY A USE BY SPECIAL AL REVLEW LEW IN THE AGR I CULT URAL ZONE . l` Jt.iF N:.. a•;,. ,I h • : ., 4: 871183 4 CONSERYHTIrf`J STATEMENT CONCE-RNI r-i PP OE .:CTI'JE AG LAND IN THE TURAL. �ZC 4E `DI :.... AG; �_i±,- c-rE I _ I , ATION AND DECI . ON FOR. THE FF?.L = 7- i;? ?ED UFON D ,f_ TO IT _ ION-: - THIS SITE 7S :AN STING EXIr - BEE?. LUMP . STATEMEI r Jr PROVISIONS FOR. HEALTH, SAE , r-'1ND NELFARE SCI` NEIGHBORING INHABITANTS . I I THE INTENT OF THE COMRAM, TO ;-A r , ,t4 T AREA IN A MANNER WHICH WILL -PE TEL . HEATH , AN.! ELFARE ALL INHABITANTS OF THE AREA. STATEMENT . = COMPATIBILITY WITH SUR.ROUNDIr � •_,- Phr - :, IT USES ARE AGRICULTURAL In Nr HrdD IN -__ .EMAIN SO AS PROJECTED 81 THE WELT. COUNTY HENSIVE PLAN . STATEME ` I IF COMPATIBILITY CONLLERNINC k , ' UFE DEVEL Or'vEi.iL OF THE SURROUNDING AREA . TrL +- ESENT ZONING IS AGR.IC ILTi_IFAL AND I E.% = 6RE COMPATIBLE WITH ANi Fi_:Ti_!RE DE, _L.. r'MENT , STATEMENT uFSATIv'FACTORY LOCATION . I; THIS PROPERTY IS NOT LOCATED IN A FLOOD PLAIN-;, I� GEOLOGIC HAZARD, DR A WELD C:�t!I'dT ( OVERLAY DISTRICT. PROOF OF WATER AVAILABILITY . POT-ABLE WATER WILL BE l RAN PORTEr Ti ' SITE DAILY PA-APPROVED CONTAINER:_ . WATER FOR ANHYDROJS AMMONIA SAFETY N1 -': BE TRANSPORTED TO THE SITE IN COMEAN'Y' TRAILERS. COPY OF DEEDING AND LEGAL INSTRUMENTATION. DEEDS OF THE PROPERTY IN QUESTION AND LETTERS OF POWER' OF ATTORNEY SHALL BE PROVIDED . 111+. 871183 NOISE REPORT , DUE TO THE NATURE OF OUR BUSINESS, NONE SHOULD BE NECESSARY . SOIL REESS..T`: . '! -:.SPORTS WILL REVEAL THAT 1rII chi -id,. USE AREA ARE NUNr-I C C 1 , BILITr IS MODERATELY ;:LON . __APLE CAPACITY IS HIGH. EFFECTI', t r•,,j S 60" OF, MORE. 9,i E RUNOFF IS UJi^! AND THE <.!i IS LOW . A CERTI ' LIST OF THE NAMES AND ADDRL AND I�i FARCE r HTIFICAl IGN NUMBERS N THIN 50O F n of y TH1 t IN QUESTION IS PF.OYIDE.'. . A EERLNHj AST OF MINERAL RIGHTS: OWNERS i PROVIDE. s{ 1 871183 • '1 k I ---�.--_,. .. . L N .. e-J1 II�- ---_,-_. .._N ,IV• 1 Y V• if.. X$g ., -...,;5-.\,:.---- ......._.....„..........___N-\:ii _.....f- gi--,, w I_I ;ki • • r , y.l •.rry h • ;_1 4 MOM MID i W Liir I I- '�.'5 1.:i 1 i t_ 1144011 BannTr -- 11 ITI awn I II E 1.. . : i I �gu s li 6 / VJNO Ion/n7 1,000.41 e AV'{ damii J� w 4, ,,,: — —Ig N "__ __0_ ____._.; ______.-___ir, 1 „'. °I3V 1 ° i I c,_._prouriov___y Lli U31lNriJ1lyg ter• . w !i ._i_ 4 - 1 � i r+ 1-- r._R—t 1 r rparmi ...it' .1 " !!!Jh . I! J {ill S Y' MC li il — a iral ell `--- —___ _� c\sil le _ .... V--___-- _____.......44„..,..._j 1' : ---4-ti w .1 4I 4.,,,ill ' 3 .r2 Pit23r i I -ow .,,_il _ fig . = g i. 1e ;17-"\.s. . r It 11 I \1 Ai ) � e 1 14 31-A., 1.i_ el 46a a j I er e>w I �.� !1 iE =i i «OY r 1 � ii W1 • r y ei "'a. ` V 0 A ..1 - ei M r o • 1: 11'1 I il ' eee — y • I WELD-COUNTY, COLORADO, SOUTHERN PART 27 rY the surface layer is light brownish ii gray fine establish. This soil, however, does have_good loam about 8 inches thick. The underlying material such recreational development as Campand apbt olive bmwn_Sne sandy loam. Soft sandstone is at and lapotential for 44sptli efabout 28 inches picnic areas playgrounds. Capability subclass 1Ve irrigated, Vie 1 crmaability is moderately rapid. Available water »omrrtgated; Sandy Plains range_site. • y is moderate.moderately it rooting depth is 38 u°n loam, 0 to I percent slopes. This is a deep,1 t 'Burdace-runoff is medium to-rapid,ertd the ero- well drained soil on terraces at_elevations of 4,550 to 5,000 ll ahoardas moderate. feet. It formed in mixed alluvium. Included in ma Ill'r III and is suited to limited cro _are small, long and marrow areas of sand and gravel cropping. Intensive depositsand small areas of soil that are subject to occa- la hAaarduus because of erosion. The cropping sional flooding. Some small leveled areas are also in- Bm shouklbe limited to such close grown crops as al-a, wheat, and barley. This soil is also suited to ir- cluded. tiglited pasture. A suitable i system l is 3 to 4 -Typically the surface layer of this Nunn soil is NOM alfalfa followed cropping years corn brown loam about 12 inches thick. The subsoil is light ins of alfalfa seeded with a nurse crop. and small brownish gray clay loam about 12 inches thick. The upper �' CI**kmrr grown crops can be irrigated from closely spaced part of the substratum is light brownish gray clay loam. Our ditches or sprinklers. Contour furrows or aprin- loa'Thm, lower part to a depth of 60 inches is brown sandy • • 4 should be sed tier new crops. Permeability is moderately slow. Available water Applications of loam. and phosphorus u us rus help in maintaining good product capacity is high. The effective rooting depth is 60 inches 1 1444. �s potential-native vegetation on this range site is or more. Surface runoff is slow, and the erosion hazard is �' anted by aartd bluestem, sand reedgraas, and blue low. Nnedleendthread, switch This soil is used almost entire] for irrigated crops. It 0 saWrn wheat grass, sideoats grama y grass are also prominent. Potential is sorted to all crops commonly grown in the area, tatoe - thlettes ranges from 2,200 pounds per acre in favors- tog corn,_su arbeets, bean alfalfa, small Years to'1,800 y g g s grain, potatoes, axliUon pounds in unfavorable Fare. As range and onions.An f example of a suitable cropping system is 3 deteriorates, the sand bluestem, sand roodgrass, to 4 years of alfalfa followed by corn, corn for silage, rq seuchgrass decrease and blue grams, sand dropseed, suga are needed to grain, or beans. Few conservation 1 ` rand sage increase. Annual weeds and grasses invade tices needed maintain top Prac_a ite as range condition becomespoorer. Yields. AU methods of irrigation are suitable, but furrow ir-• Bement of vegetation on this soil should be basedligation is the most common.Barnyard manure and com- `t tikirsrg half and leaving half of the total annual produc- mercial fertilizer are needed for toI tt ivg is desirable if-he ran a is in Windbreaks and environmental P antyields `r d fileteatem, sand g Poor condition. p ngs of trees and yam, blue reedgraea, switchgrass, aideoatsshrubs commonly grown in the area are generally well „�s d grarrra 'pubescent wheatgrase and croatedsuited to this soil. Cultivation to control competingit• 'sewtgrass are suitable for seeding. The grass selected Vegetation should be continued for as -many years as :;:::ii; ' *•kosid meet the seasonal requirements of UvalFtleai into a clean, firmso �stoek. It canPossible following planting. Trees that are best suitedand *ts$e into a airm album_stubble,oritcanbehave good survival are Rocky Mountain juniper, eastern Prepared -seedbed. Seeding early in redeedar, ponderosa_pine, Siberian elm, Russian-olive, andbas proven meeteuccesePtil 1-Witdaupr and o�t s cc en hackberry. The shrubs best_suited are akunkbush, lilac, ,a sadbr. ks an ienviri n tal plantings are generally Siberian peaahrub, and American_plum. '. I. anuags are feasible. investigation is needed to determine if Wildlife is an important secondary use of this soil. The t• ' • Wildlife is an important serer cropland areas provide favorable habitat for ring-necked 'Wand areas dary use of this soil. The pheasant and mourning dove. Many non Provide wildlife habitat for ring-necked be attracted by establishing Aino species ape rant and mourning dove. Many nongame species can cover. For he areas for ' 'attracted by nesting and escape : I establishingsreaa for nestinpe pheasants, undisturbed or cover is sawn- ' wet For he Band Ossen- me and l inbe included in lava for habitat develop- br pheasants, undisturbed nesting cover is eeeen- meet, especially in areas of intensive agriculture. � i should be included in pkKts for habitat develop This soil has fair to orban 1 " ''tt cspocially in areas ofintenelve c Poor potential for urban develop ,'f .'xl i especially example, the agriculture. Range- meet. It has moderate to high shrink swell, low strength, pronghorn antelope, can be and moderately_slow permeability. These features create !} . 'wracted by developing livestock watering facilities, problems in dwelling and road construction. Those areas uUN+g livestock grazing, and reseeding where r lading ell m needed. that have loam or sandy loam in the lower part of the . I r y g sandstone is the most limiting feature substratum are suitable for septic tank absorption fields this soil. Neither septic 4 1 p tank absorption fields -nor and foundations. Some areas-are adjacent to streams and $ -441$01, isgoens operate properly. Site preparation for are subject to occasional flooding. This soil has fair poten- gs is more costly. Environmental and beautifica- till for such recreational development as camp and picnic a L plantings of trees and shrglbs • may be difficult to areas and playgrounds. Capability class I irrigated. Al - 1 871183 I a N r et { e • � ' 4 rRn lS As�5 µ p'+' * v< _ rp 4 $t ems * f ix, int t9 ra�v'" . ,I,' 1 TT y '''' r IN R.ff[W. E" Ms 4^x' 1 -' '¢*mil. :, . WIN , et W. I N O xEs. r„ Ak'�k"'#R�$ws ag o r ra"r •`} 1'g , 397. U - rtrt }� t^, r'tM i 9F - b*�'b 114,1 a• W' Z, Y 2e • le A F' D A`"'ir..i1O �p b ,t4 1 W © 4 § w , C3 a Y a' id's fiT i o f .°tr P n .r5. y ,,,,,,� a P o° arias fit: wI ti`# a'�re �/ \—_'.�,.., rc J :rr /��„�/ •Azwrt O 6i'` .rown".I f �� ^ il,. " :,P'kt, re..'.',. :1/4aarx rks r v t to Yo- n t f A'i 4 v / f 1 ' k 2 m pn tr v 666 r 0 lee lyen,., a ,, +a i s" n 'r ts,,d, ,8g,,„ s bet i' A�" bs . �T*4* '`� ,, ?X3 1 44 'i 4 ii I e� a ,f I wTh 4., �' '�ad g, i i. 'k1 µs• 1 .t114 ;14 r • t to L ..> 4,, } e1iP } , t .,•. fi.�}R'A fit.y,.k`, ik f ? � "� ��} ' . ° v,,, ,,1,,,,i,.:3: , 3 a� iMnr ) �k L R i' 7 nt r a 8 } le . r;k:Ni 9 C[ ' .. ' v , P fi. ail � f { s � e � #>�` 4 rnp vv^c r•a �a,s�aq's r« ' ,' Aaea I' ,i ., Nyyd { ka rT"1 re s k 1- ,.te i ''4'4. s it 4a Sa b A'r i °�,. li 5 ' [1O yp 41� tA. - v ad `'% Ss*`ki O red '- .` , :- s;'a "' R t e p l 1 , ! i §Pir ag'% i- ¢ " }, x. ';'1.1i +;7,n- It. e tp i e A �� v,�',yyi J'a .I' 24P ! 'F';'!<f14),:_f NIiNMe i ' al, • ,^ ,4,,',44,\( 1 S�i "'1 "afi'q. a sit 3 4 �; - fl; i , ip,� 4.,••, Fa ‘ n r 4,.;-::, _ C'; 1 n I '3? +t'rf r` I �. z5t F. i !� { � fi —F ' —1 II °,+.' ..a.." - - yi- fl ",k I s i 4 fir 'p ,,:,,,,.0..m.. ..,3;e, • y n th •87 tri I® ADAMS ..:.CouNty I 6 871183 AN0047917 a -v I "" 4a,r 4+ 1 t 4 4 P 1416 t a 1107 NB CO2047917 03/27/86 16:284" : ' MARYgciE6.WD _co,1/022 , ` , � ,'.. o itit ANN PEUERSTEIN CLERK i 72ECORDER WELD 0, CO -tr�yx t ; a4.0. Documentary Peel �` se goo. nr� 3„ R ' State Docun*antary Fee ��"• .�� ' `s: x, Y' ;t, WARRANTY DIED Doto, d/1RC,H..Z1,1 r z �44 , Y . ! $ _-_30Up..OO._._-« i�fi p r, , ' 2HIS DIED, made this 26th day of March, 1986 -between ' THE GREAT WESTERN SUGAR COMPANY, a Delaware corporation, t.'`'Itt 1" t 4 debtor and debtor-in-possession in bankruptcy proceedings ' before the United States Bankruptcy Court for the Northern ,,I0'0 `} t District of Texas, Dallas Division (Case No. 385.30615-M-11) ,,,,I7:,#‘1.' t, ("Grantor"), and THS WESTERN SUGAR COMPANY, a Delaware ' " �` corporation ("Grantee"), whose legal address is 555 :410$04c,4- -fl , , Seventeenth Street, Suite 1400, Denver, Colorado 80202. f x,�, �'"` WITNESSETH, that the Grantor, for and in . x, 9,„14,,, ,,,f consideration of the sum of One Hundred and no/00 Dollars " '� t` . x '+,4�fi4,a)�a (7100.00), the receipt and sufficiency of which is hereby tt , 4 41:t' acknowledged, has granted, bargained, sold and conveyed, and a r� by these presents does grant, bargain, sell, convey and 1 `,I i -confirm, unto the Grantee, its successors and assigns forever, ` t) w� lir �, ' * all the real property together with all buildings, " u improvements and fixtures located thereon, if any, situate, ''„ y:!-' tr, , Li l "•4z r; lying and being in the County of Weld and State of Colorado, " '._ described as follows: a 4 t ? Parcel 1 (Greeley Plant) ,£ (a) Lots 1, 2, 3, 4, 5, 6, and 7, excepting therefrom the ^ 0, " „ southerly 20 feet of Lot 1, in the NW1/4NW1/4 of Section 9, T. � 141,)01 � x ' ( 5 N.A. 65 W. of the 6th P.M. according to the Plat of The `)' Y ) 4's� Union Colony lands as the same appears of record in the office H+x " ; .. of the County Clerk and Recorder of said Weld County; r ,.r . (b) The S1/2 of Lot 4 in the SWl/48(41/4 of Section 4 in 1� i , �'� said T. 5 N. R. 65 W. of the 6th P.M., according to the Plat ;, a «fg " ;` -of The Union Colony lands as the same appears of record in the ' K' yq ; 'ej ;. 4 t , office of the County Clerk and Recorder of said Weld County. (c) Lots 3, 4, 5, 6 and 7, and the West 290 feet of Lot + r P.M.; according 2, in tho SW1/4 tolthe4 oPlat Section The UnionHColony5lands as the the6th <<cf k ' :t4 , t.; I .'.w( same appears of record in the office of the County Clerk and •\IAX.ell Recorder of said Weld County. t w „ y 3. I ' (d) A tract of land, more particularly descried as fol- '. lowss A strip of land lying between Lots 5, 6 and 7 in the € t i 0h NW1/4NW1/4 of Section 9 T. 5 N. R. 65 W. of the 6th P.M. and 3 , , 4 � rfw Lots 2, 3 and 4, in the SW1/4NW1/4 of Section 9, being 60 feet a^)+»` in width, and heretofore used as a County road; the same hav- ing been vacated and abandoned on the 16th day of October, 1,4 euk, w(qk : A.D. 1901, by resolution of the Board of County Commissioners' _$ ,, of said Weld County; [j; , ",4gc.� , . ivy (e) A strip of ground 30 feet in width along the south n,rC"c '• K, et at side of Lots 2 and 3 in the Nil/4NW1/4 of Section 9, T. 5 N. a4 4 ,-4,:v vx R. 6$ W. of the 6th P.M., according to the subdivision of the (; ' a t , t, , .Plat of The Union Colony as the same appears of record in the . �. � ( office of the Clerk and Recorder of Weld County, Colorado, but f\k'. ,` TIO not excepting, however, from the south side of said Lots 2 and g } r 3 a strip of ground 30 feet in width for r., purposes; and private road t' t y , z (f) That portion of the north 30 feet of the 81/2 of Lot �y '' 3 in the SE1/4SN1/4 of Said Section 4, T. 5 N. R. 65 W. of the r 6th P.M., according to the subdivision of the Plat of The 4 871183 i d"'i "' ! B 1107 9ttC 02047917 03/27/86 16,28 $66.00 19/022 ¢ bry +F , F 1434 MARY ANN FEUERSTEIN -CLERK a RECORDER WELD Co, co ° •%,•.', � z,. ; n "a- Beginning at the north quarter turner of said NE1/4 i. NWl/4, thence south at right angles to the north section r line of said Section 11, a distance of 900.00 feet; thence aaw4 r along an angle to the sight of -00°, a distance of 300.00 _$ „ , feet; thence along an -angle :to the right of -90°, a kt,3, .0 ' �' distance of 900 feet to a point on the north line oP said ..v�'`•R "�l7SI 44 " " Section 11; thence E#at a distance oL 300.00 feet, -more or 'r " ",1, ""2. less, to the Point of Beginning. it,, r t 4 ry yMM ^fir SUBJECT TO THE FOLLOWING ITEMS: NONE 4 + ,k '144. .,1 Parcel 31 (Sloan Dump) �Yn t 094 .•1 , 4 (a) A parcel of land in the SW1/4 NW1/4, Sec. 18, Twp. 1 fit ',• .fP '"' N. , R. 6341. of the 6th P.M., more particularly described as ' "Ifro: ' s follows: $ $ ' °o ,. -Beginning at a point on the west line of Section 4S-ti ,, , eighteen (18), Township One (1) North, 'Range Sixty-three .. :; (63) West of the Sixth Principal Meridian, 50 feet north {: ° z;t »I ", of the west quarter corner saf said Section, running thence "n ,rY9' r ter n4 -east along the north line of the right-of-way of the ;* Chicago, Burlington a Quincy Railroad _Company (now known as the Burlington Northern Railroad) 730 feet to a point; thence north parallel to said west line of said Section, ; ` aK 1,,",' 9 'i 155.57 feet to a point; thence west 730 feet to the west ""�° i line of -said Section; thence south 155.57 feet to thevrell Y� place of beginning; excepting therefrom the following fm � .1r s described tract of land; t,} n � ' y� m ,-P k66+t.. 1 ¢" ` '`r Beginning at a point on the west line -Of said Sec. 18 ` +oil 40 r11 and 150 feet north of the southwest corner of said SW1/4 a + i° i NW1/4; thence east parallel to and 100 feet from, when �ayl measured at right angles to the north right-of-way line of `the C.B.SQ, Railroad, (now known as the Burlington tt" s knt on ` '` � Northern Railroad) a distance of 730 feet to a G „ . the east line of a tract conveyed by that certainiwarrant : " : ,0":`4441' : ,a ,,�",x r deed recorded in Book. 787 at Page 5; thence north parallel `� '� .. ° , to the west line of said NW1/4 55.57 feet to the northeast ;.,�fi i '�d corner of the tract conveyed by aforesaid warranty deed; Wl thence west along the north line of tract conveyed by M" r , 2 ` aforesaid warranty deed 730 feet to a point on the west " ' !a,,`�{` line of said SWl/4 NW1/4; thence south along said westil t4 , a` line 55.57 feet to the point of beginning; 9 l7 provided, d ;.��' s*�i .q however, that all minerls, including oil and gas, in and 9 61 Q �Ff under said tract are deleted from and are not included as F ''s part of this exception. As !k: " (b) A tract of land in Section 18 T. 1 N. , R. 63 W. of Kr s; ft.4.:.., Is r,' the 6th P.M., We gartioularly described as follows; "� Beginning at a point 730 feet east and 50 -feet north F (, . -0f the west quarter corner of Section 18, T. 1 N. , R. 63. m,. 44,44 it �I N. ; thence east along the C.B.IQ Railroad (now known as "� r the Burlington Northern Railroad) right•of-way, 871.2 , " • F ; 1 feet; thence north 100 het; thence west $71.2 feet; t. .1 s g thence south 100 feet to the Point of Beginning, " l 1 ` -, containing 2.0 acres, more or less; and excepting and 4941° 414 ati - ing therefrom all minerals, including oil and gas, i. I n 3 underlying the surface of said real property• r Y1 > F' •+ ,3.. , °pro' S 3$J; TO THE FOLLOWING ITEMS; NONE '6 ' a S °�x, t',44 a1 32 (Sheehan Dump) ; I tract of land in the WI/2 NWl/4 141/4 of Section 16, T. 1 N., R. 63 N, of the 6th P.N. more ,�> ' } follows; particularly described as t p r. r�i "f1i"'y •19 • P 871183 , : ,1, ,,, i • _ .a...:....w. ... „. • POKER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that 1 , f): 12 A. Lit (name) , the undersigned, of wt t( 55.`: llt:li ':t.reet - Suite 1500, Denver, Colorado ' K0207. _ {address) County of Denver , State of Colorado here- by constitute , make and appoint Merlin AndersQp_ & c;pfiP ynr�� • _ (name) , of .� _.mplot Soilbuilders . P . O . Anx 29 , Gilcrest , Co. 80623 (address) , County of Weld State of _ Colorado my true and lawful attorney- in-fact, _.. for the following pu::pose : To represent me in the/ma.t.tr pf the foregoing attached e,.�,L fru- 1P,Of )i application for a on�roperty located in_ Weld Co. NW # 18-TIN-R63W (variance, recorded exemption, etc. ) , in regard t-o and only in regard to the particular property described in said ap- plication, -before the Planning Commission h Board of Counts Commissioners (-Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my be-half before said Board. THE WEST ' SUGAR COMPANY • /- _ Vice Pretident Distr./Oper !.ionai Planninp Subscribed and sworn to before me this tj •'ji �" T day of , 19 ,l Notary Pu -i q �ic my ro:runission expires : ! ,' ;; •�1 . 8? .183 • • -POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, Gene M. Hoigate (name) , the undersigned, of 'Glacier Park Company 14001 E. Iliff_Aye 4 _Sit$ -415 a ra. Coloradp -80014 _(addre ys) County of Arapahoe ' , Sta•:e of _ " alstrado , here- by constitute, make _and appoint..... ...r...,.......,.....L,e,t4n-41:14LeJC.;'iRAac_.na nP;Y n l i r e.e • (name) , of-- '- mpl-ot Soilbuilder's , .2..Q- Box 79 , Gilerest , Co . 80623 (address) , County JDf _ 1nfplsf , _Stat_e of Colorado _lorado my true and lawful attorney- -- ------ in-fact, for -the f_ollowing purpose: To reprs_ent me in the m.Ittex of the foregoing attached application for a ,,7-``'mbe.,ae on roperty to a NW t 1 f] N-R63W .�.. ec� in old Co . (vari-ance, recorded exemption, etc. ) , in regard to and only • in regard to the particular p-operty described in said ap- plication, _before the Planning Commission & Board _of County Comma.sioners (Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my behjlf before said Board. • Senior Property Devettipment Specialist • Glacier P-ark Company, -a subsidiary of Burlington Northern, Zn Subscribed and sworn to before me this „...52,1e-zed-ay of , 134- • Notar P blic My commission expi r-e s :� Commisldon ExPlres,l4 5,19119 • (,315 South Jersey tuft Engiswood.-Cola. 801 U 871183 AFFIDAVIT OF INTEREST OWNERS -MINERALS -AND/OR SUBSURFACE Application No. Subject Property . SL0AN- -LAKE SIM ld Section 18 T 1 N, 1=t 63 ',I - STATE OF COLORADO ) ) ss. COUNTY -OF VELD ) 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 and addresses of all mineral owners and leases .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 endRecorder's Office, or from -an ownership update from a title or abstract company or an attorney. . 1 i The oregoing instrument was subscribed and sworn to before ate this day of -- , 19'1( / WITNESS y hani and official -seal. �`� M f;omuit.ybiou expires: l azgy- . 4 7 /91W/91 t ry Public i } 871183 '; • YESTERN SUGAR COMPANY '. PAUT A. LIT • 555 17th Street Suite 1500 Denver, Colorado 80202 303-293-3156 GLACIER PARK. COMPANY GETT M. H0LGATE 14001 E. Iliff Avenue Suite 415 Aurora, Colorado 80014 303-352-5975 871183 AFFIDAVIT OF I.'TEREST OWNERS SURFACE ESTATE • Application No. Subject Property , SL0AN LAKE SITE NW 4 Section 18 T 1 n, R 63 :'1 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 five 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 :f the app ication submission date. The f regoing instrument was subs bed land sworn before me this I ?9--- day of 19-V WITNf3v Trily hand and official seal. My Commission expires: �l( 4 /rp o ary Public 871183 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please -print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # ___Iaat;enredj, Reuben ancd Marie 1477j8000001 '710 WCR 61 Keensburg, Co. 80643 Bell. William H. 302-63 n—R 8 14771i3UUOnU3 Keenesbur#,, Co . 60643 frobrian, Ronald and Sue 147513000022 -- 6325 . CR 23 Ft . Lupton. Co. f'.0621 Johnson. ,, .1.r. •i and Gladys 147513000014 . 1i_ • 3487 WCR 61 Kunuburg, Co. 80643 • • • 8 71183 • STATE OF COLORADO DEPARTMENT OF AGRICULTURE May 22, 1987 �oF-�o<o • C3 05 Sherman !dote( »*� � Denver,Colorado 80203 (30318b6-2811 yI.. Reply To: 2331 West 31st Avenue "5-877-01 Denver, CO 80211 (303)866-28-35 Roy Romer Governor Timothy W.Schultz, Commissioner Mr. Gene Youree, Manager Simplot Soil Builders 19336 Highway 85 Gilcrest, CO $0623 Dear Mr. Youree: This is to advise that the proposed Anhydrous Ammonia bulk plant located 1 1/2 miles south of State Highway 52 on Weld County Road 61, has been inspected by the Colorado Department of Agriculture and meets the minimum Safety Standards set forth in She Colorado Rules and Regulations for the Safe Storage, use and handling of agricultural grade Anhydrous Ammonia. If we can be of further assistance, please advise. • Sincerely, • 4 ,rk > Bill Lawson Agricultural Specialist BL:mg ` , y • AGRICULTURAL COMMISSION: Naioma Benson, Sterling• Perry C-hristensen,Grand Junction • Stephen Di-Monet, —d;.-OWOOdi 0 Ken I osr- man,Hotchkiss•Ilion Miller,Fort Lupton• Lee Mortensen,Northglenn•Don Moschetti,Center•John-{,Thatcher,jr.,Boone e 'hr:Yra,• Greeley 871183 Hello