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HomeMy WebLinkAbout850866.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO USE BY SPECIAL REVIEW PERMIT FOR EXPANSION OF ONION PROCESSING AND STORAGE FACILITY 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 13th day of February, 1985 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Martin Produce Company, 617 6th Street , Greeley, Colorado 80631 , for an amendment to a Use by Special. Review Permit to expand an onion processing and storage facility on the following described real estate , to-wit: Part of the NW;, Section 23 , Township 4 North, Range 66 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 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 intent of the Weld County Comprehensive Plan . The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the ] ocnl economy or environment. bSUdbo Page 2 RE: AMEND USR - MARTIN PRODUCE COMPANY b. The proposed use is an agricultural activity and is , therefore , consistent with the intent of the agricultural district. c. The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the Agricultural Zone District. d. The Gilcrest Planning Commission has reviewed this proposal and recommends approval. e. No overlay districts affect the site. f. 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 to amend a Use by Special Review Permit to allow expansion of an onion processing and storage facility on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the amended 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 Standards for the Use by Special Review have been placed on the amended Use by Special Review plat and the plat has been delivered to the Department of Planning Services Office . 3 . The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended USR-548 : 83 : 11 . Page 3 RE: AMEND USR - MARTIN PRODUCE COMPANY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of February, A.D. , 1985 . �y, r` BOARD OF COUNTY COMMISSIONERS JI(ATTEST : Q.t ((,v.,.a. 0WcaVo' " WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ' ul ine . o son , C airman BYs p yy ene R. Brantner, Pro-Tem D puty County erk APPROVED AS "O FORM: C.W. R' / County Attorney 4 e !� Fr nk Ya guch ' OPERATION STANDARDS Martin Produce Company Amended USR-548 : 83 : 11 1. The permitted use shall he an onion storage and processing facility as described in the application materials on file with the Department of Planning Services. 2 . All structures in the Use by Special Review area shall be setback a minimum of thirty feet (30 ' ) from the Western Mutual Ditch. 3 . No trash, garbage or runoff associated with this operation shall be allowed to enter the Western Mutual Ditch. 4 . Erosion control measures for Amended USR-548 : 83 : 11 shall include:, A) Pavement or gravel cover for all driveway and improvement areas; B) A ground cover consisting of a legume and/or a perennial grass for the remainder of the subject site; and C) No area within the subject site shall be exposed to hare soil and left susceptible to wind erosion . 5 . There s:1a11 be two (2) points of ingress and egress to the Use by Special Review area and they shall be located at least one hundred fifty feet (150 ' ) east of the Union Pacific Railroad and Weld County Road 44 intersection. The access points shall be separated by a minimum of three hundred feet (300 ' ) , designed forty feet (40 ' ) in width and utilize culverts fifteen inches (15" ) in width by forty-five feet (45 ' ) in length. 6 . 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. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 8 . 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 Operation Standards stated hereon and all applicable Weld County Regulations . 9 . The Use by Special Review area 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 CommissLon 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. 10 . 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 off County Commissioners. HEARING CERTIFICATION DOCKET NO. 85-6 RE: AMEND USE BY SPECIAL REVIEW PERMIT TO EXPAND AN ONION PROCESSING AND STORAGE FACILITY - MARTIN PRODUCE COMPANY A public hearing was conducted on February 13, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E.Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee D. Morrison Planting Department representative, Michael Mullen The following business was transacted: I hereby certify that pursuant to a notice dated January 30, 1985, and duly published January 31, 1985 , in the La Salle Leader, a public hearing was conducted to consider the application of Martin Produce Company to amend a Use by Special Review permit to expand an onion processing and storage facility. Lee D. Morrison , Assistant County Attorney, made this matter of record. Michael Mullen, Planning Department representative, read the favorable recommendation of the Planning Commission into the record and stated that there are ten Operation Stardards associated with this application. He also stated that there was a typographical error in Operation Standard #5 which should be fifteen inches (15" ) instead of fifteen feet (15' ) in width. Dewey Zabka , president of Martin Produce Company, came forward to answer questions. After discussion, Commissioner Kirby moved to approve the amendment to the Use by Special Review permit for Martin Produce Company subject to the conditions and Operation Standards. Commissioner Yamaguchi seconded the motion and it carried unanimously. APPROVED: /� �j ..�� • BOARD OF COUNTY COMMISSIONERS ATTEST:. ,,, iluteAtA9s,,i WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C.c ue 'ne Jo ns n, Chairman t4rAnt...1_,2.2 ( htt.--.‘ ratitt e uty aunty Cle e.� Gene R. bran ner, Pro-Tem I.. e. , ( _ ____ C.W. K rb, x o•r►e�,;• .cy , . - /7 " .nk Yamad ' i TAPE #85-14 DOCKET #85-6 LHR 2168 --- ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET #85-6 - Amend USR permit to expand an onion processing and storage DOCKET # facility, Martin Produce Company DOCKET # PLEASE write or print legibly your name, address and the LOG - (as above) or the aspiicaste name of the hearing you are attending . NAME ADDRESS HEARING ___ _ENDING 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 maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street , Third Floor , Greeley , Colorado. APPLICANT DOCKET NO. 85-6 Martin Produce Company 617 6th Street Greeley, Colorado 80631 DATE: February 13 , 1985 TIME: 2 : 00 P.M. REQUEST: Amend Use by Special Review Permit to expand an onion processing and storage facility LEGAL DESCRIPT==ON: Part of the NW4, Section 23 , Township 4 North, Range 66 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: January 30 , 1985 PUBLISHED: January 31 , 1985 , in the La Salle Leader lei BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Sharon Linhart that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Plannirg Commission that. the application for: ["WELD C^ '," CASE NUMBER: Amended USR-548:83: 11 NAME: Martin Produce Company �' SAN 5 u)_,c ADDRESS: 617 6th Street, Greeley, Colorado 80631 REQUEST: Amend a Use by Special Review Permit to Expand an Onion Processing and Storage Facility LEGAL DESCRIPTION: Part of the NW1, Section 23, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile east of Peckham; east of U.S. Highway 85 and south of Weld County Road 44 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. 1 et seq. of the Weld County Zoning Ordinance as follows: — The proposal is consistent with the intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. - The proposed use is an agricultural activity and is therefore consistent with the intent of the agricultural district.. - The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the agricultural zone district. - The Gilcrest Planning Commission has reviewed this proposal and recommends approval. I Amended USR-548:83: 11 Martin. Produce Page 2 - No cverlay districts affect the site. - Use by Special. Review Operation and Design Standards. provic'e adequate protection of the health, safety and welfare of the neighborhood and County. 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 amended 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 Standards for the Use by Special Review have been placed on the amended Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. The app".icant and/or operator shall he required to obtain all applicable building or electrical permits for Amended USR--548:83: 11 . Motion seconded by Paulette Weaver. Vote For Passage Against Passage Paulette Weaver Doug Graff Stephen Hamilton Louis Rademacher Jack Holman Sharon Linhart Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy he forwarded with the file of this case to the Board of County Commissioners for further proceedings. Amend DSR-548:83: 11 Martin Produce Company 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 Resolutior of the Planning Commission of Weld County, Colorado, adopted on January 22, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 23rd day of January, 1985 A o\A.-C.s.. Ce\o AC1_ Secretary rjg/ OPERATION STANDARDS Martin Produce Company Amended USR-548:83: 11 1. The permitted use shall be an onion storage and processing facility as described in the application materials on file with the Department of Planning Services. 2. All structures in the Use by Special Review area shall be setback a minimum of thirty feet (30') from the Western Mutual Ditch. 3. No trash, garbage or runoff associated with this operation shall be allowed to enter the Western Mutual Ditch. 4. Erosion control measures for Amended USR-548:83: 11 shall include: A) Pavement or gravel cover for all driveway and improvement areas; B) A ground cover consisting of a legume and/or a perennial grass for the remainder of the subject site; and C) No area within the subject site shall be exposed to bare soil and left susceptible to wind erosion. 5. There shall be two (2) points of ingress and egress to the Use by Special Review area and they shall he located at least one hundred fifty feet (150') east of the Union Pacific Railroad and Weld County Road 44 intersection. The access points shall be separated by a minimum of three hundred feet (300') , designed forty feet (40' ) in width and utilize culverts fifteen feet (15') in width by forty-five feet (45' ) in length. 6. 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. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 8. 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 Operation Standards stated hereon and all applicable Weld County Regulations. Operation Standards Amend USR-548:83: 11 Martin Produce Page 2 9. The Use by Special Review area 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. 10. 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 revocaticn of the Permit by the Board of County Commissioners . ADDITIONAL COMMENTS Martin Produce Company DSR-548:83: 11 The Department of Planning Services has received several inquires concerning the proposed onion processing and storage facility. One letter and one telephone call were in opposition to the proposal. Date: January 22, 1985 CASE NUMBER: Amended USR-548:83: 11 NAME: Martin Produce Company ADDRESS: 617 6th Street, Greeley, Colorado 80631 REQUEST: Amend a Use by Special Review Permit to Expand an Onion Processing and Storage Facility LEGAL DESCRIPTION: Part of the NWZ, Section 23, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile east of Peckham; east of U.S. Highway 85 and south of Weld County Road 44 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 intent of the Weld County Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. - The proposed use is an agricultural activity and is therefore consistent with the intent of the agricultural district. - The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the agricultural zone district. - The Gilcrest Planning Commission has reviewed this proposal and recommends approval. 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. Amend USR-548:83: 11 Martin Produce Company January 22, 1985 Page 2 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 amended 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 Standards for the Use by Special Review have been placed on the amended Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended USR-548:83: 11 . OPERATION STANDARDS Martin Produce Company Amended USR-548:83: 11 1. The permitted use shall be an onion storage and processing facility as described in the application materials on file with the Department of Planning Services. 2. All structures in the Use by Special Review area shall be setback a minimum of thirty feet (30') from the Western Mutual Ditch. 3. No trash, garbage or runoff associated with this operation shall be allowed to enter the Western Mutual Ditch. 4. Erosion control measures for Amended USR-548:83: 11 shall include: A) Pavement or gravel cover for all driveway and improvement areas; B) A ground cover consisting of a legume and/or a perennial grass for the remainder of the subject site; and C) No area within the subject site shall be exposed to bare soil and left susceptible to wind erosion. 5. There shall be two (2) points of ingress and egress to the Use by Special Review area and they shall be located at least one hundred fifty feet (150') east of the Union Pacific Railroad and Weld County Road 44 intersection. The access points shall be separated by a minimum of three hundred feet (300') , designed forty feet (40') in width and utilize culverts fifteen feet (15') in width by forty-five feet (45') in length. 6. 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. 7. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 8. 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 Operation Standards stated hereon and all applicable Weld County Regulations. Operation Standards Amend USR-548:83: 11 Martin Produce Page 2 9. The Use by Special Review area 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. 10. The property owner and/or operator of this operation shall he 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. ADDITIONAL COMMENTS Martin Produce Company USR-548:83: 11 The Department of Planning Services has received several inquires concerning the proposed onion processing and storage facility. One letter and one telephone call were in opposition to the proposal. SUMMARY OF THE VELD COUNTY PLANNING COMMISSION MEETING January 22, 1985 A regular meeting of the Weld County Planning Commission was held on January 22, 1985, at 1:30 p.m. in the County Commissioners' Hearing Room;, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman; Bob Ehrlich. Tape 189 - Side 1 ROLL CALL Lydia Dunbar Absent - Called in Doug Graff Present Paulette Weaver Present Stephen Hamilton Present Bill McMurray Absent - Called in Jack Holman Present Louis Rademacher Present Sharon Linhart Present Bob Ehrlich Present Also present: Michael Mullen, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on January 8, 1985, was approved as distributed. 7 1. CASE NUMBER: Amended USR-548:83: 11 APPLICANT: Martin Produce Company REQUEST: Amend a Use by Special Review Permit to Expand an Onion Processing and Storage Facility LEGAL DESCRIPTION: Part of the NW1 , Section 23, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile east of Peckham; east of U.S. Highway 85 and south of Weld County Road 44 APPEARANCE: Dewey Zabka, President, Martin Produce Company, reported the company has been in business in this area since 1939. They purchased this land and want to build an onion processing and storage facility in this area because they have contracts with many growers in the area and it will be easier for the farmers to deliver their produce to this site rather than to have to drive Summary of the Weld County Planning Commission Meeting January 22, 1985 Page 2 their trucks through the city of Greeley to a delivery site. The onions would be sorted and bagged at this site and delivered to areas all over the United States. They do plan to store onions here at a later date. They are four hundred and twenty-five feet from the nearest house and if onions are stored and processed right there is very little odor. They will provide approximately twenty-five full-time jobs with parking on-site. Tape 189 - Side 2 The Chairman asked Mr. Zabka if he had read the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff. He stated he had reviwed them; they are fair, and they can live with every part of them. The Chairman called for discussion from the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and operation standards into the record be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Sharon Linart moved Case Number Amended USR-548:83: 11 for Martin Produce Company for an amendment to a Use by Special Review Permit to expand an onion processing and storage facility 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 of the applicant. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Doug Graff - yes; Stephen Hamilton - yes; Louis Rademacher - yes; Jack Holman - yes; Sharon Linhart - yes; Bob Ehrich - yes. Motion carried unanimously. LAND-USF APPLICATION SUMMARY SHEET Date: January 22, 1985 CASE NUMBER: Amended USR-548:83: 11 NAME: Martin Produce Company ADDRESS: 617 6th Street, Greeley, Colorado 80631 REQUEST: Amend a Use by Special Review Permit to Expand an Onion Processing and Storage Facility LEGAL DESCRIPTION: Part of the NW's, Section 23, TAN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile east of Peckham; east of U.S. Highway 85 and south of Weld County Road 44 SIZE OF PARCEL: 7. 244 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review application are listed in Section 24.3 of the Weld County Zoning Ordinance. The current proposal is an amendment to the Stegeman Use by Special Review application that was approved by the Planning Commission on April 19, 1983. The Board of County Commissioners approved USR-548 on May 18, 1983. No improvements are present on the site. The Martin Produce Company would like to increase the size and relocate the approved processing/warehouse building, and add a winter storage facility. The Gilcrest Planning Commission recommended no objections to the amendment at their January 14, 1985, meeting. The Department of Planning Services has received one telephone call from a surrounding property owner objecting to this proposal. MSM:rjg FIELD CHECK FILING NUMBER r. Amended USR-548:83: 11 DATE OF INSPECTION: January 13, 1985 NAME: Martin Produce Company REQUEST: Amend a Use by Special Review Permit to Expand an. Onion Processing and Storage Facility LEGAL DESCRIPTION: Part of the NAT, Section 23, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 mile east of Peckham; east of U.S. Highway 85 and south of Weld County Road 44 LAND USE: N Weld County Road 44, pasture , one residence, irrigated cropland (corn) E One residence, one farm residence, irrigated cropland (corn) S Western Mutual Ditch, irrigated cropland (corn) , tank battery W Union Pacific Railroad, Weld Grain Company, U.S. Highway 85 ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: There are no improvements on the 7.244 acre, more or less, site. It is currently in alfalfa production and it is relatively flat. Access is to Weld County Road 44, a paved road. The existing access is next to the railroad right-of-way. n By: / te-Ca e :., MS Michael S. 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"� • ' ''' I '."x', 7`' "C • :' 2 .'�g M. x ,.yY�` �.' 4 ' M' Y# • �4,`,xr Y � in ,, r Y' Ax' `r'pl°'/K x .+ t L a'"M.= p -• < .-*I-'7.1"..",t I t i ••,--t...f4*; IF W* k. �S. / Y �• * Ift.v.aJ • JA rs",ry t••••,•,.. r u *,, •P - �, a ' sa �,. b ' ' Jt R f� . .�." 4,..-,a1 t� -•N'' - Y1 I :::`,.7-%•-•i, 'yetiaw'•4P'r TI' '..1 " x 'A .A4t x~ `t 1yv, y / galt ?.; ti,:li,Z ,I;S"'"--7*fi,„, -/-3 :,;.:;'..c.it / it''''' 'c o/ice.. / * t _ N. Q v + O/2 49-.. k - ' 23 t G ' ..a. a r S c.r*}t �+ .i. fry '!F } i ., / � q 4, 14$.4, * • � ! { . •- •_• '14 r ,rte' ;/ i x ••:,.•-•.:1,7.,+eryi MT'•',"i.1�' . +,•'',4‘41.4 A ;y>r_ py�� y ..zti.�. ,4 / w t ej e;• L ' K. Y4 Nh ' M;°�P3 "�i ..i../;• `'' ter. x`r-peg ae.:- " ` i • •ir-erniiEfir� "� A i , kilt � l � � ifi • i F ,i,`Yt4C, ,Y./ o-x t 4' r REFERRAL LIST APPLICANT: Martin Produce Co. CASE NUMBER: Amend USR-548:83:11 SENT REFERRALS OUT: 12/26/84 REFERRALS TO BE RECEIVED BY 1/15/85 U) m z z rn o U 0 z H z H 6 m H 6 U)HH U U 2 O 0 U 2 0 W H p. W H W W m H W W H <. W o U o x o U 0 z W U 4-1 U o ma z z mm z County Attorney (plat only) XX Louis Rademacher VII Weld County Planning Comm. Weld County Health Department I 13184 WCR 13 XX Longmont, CO 80501 lEngir.eering Department. XX XX Brighton Soil Conservaitor �/ County Extension Agent. ✓ Servic J X-.1 ' 60 South 27th Avenue Brighton, CO 80601 ( Office of Emergency Management XX LaSalle Fire Protection District c/o Gary Sandau P.O. Box 245 XX Gilcrest Planning Commission LaSalle, CO 80645 c/o Debra Gilbert P.O. Box 8 Gilcrest, CO 80623 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 1State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 a Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 January 3, 1985 Mr. Michael S. Mullen, Current Planner Department of Planning Services Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 RE: Case Number USR-548: 83: 11 Martin Produce Ameded Use by Special Review Permit Dear Mr. Mullen: We have the following comments on this proposal . Soils: This soil is listed as Prime farmland according to the Important Farmland Map of Weld County, Colorado. Drainage: As more of an area is hard surfaced, water runoff will increase. We believe provisions should be made for this potential water runoff. Erosion and Sediment Control : A statement should be included to show how erosion from wind or water will be prevented. Sincee�relly, Adt4VA)it Mr. Robert Warner, President Board of Supervisors (�a r Li Weld Ce. Planning CatnmISSiOU CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT 1 ,, t' Xs I NZ1 \Thti -"N- .. ' i tN&\ 1 '...{-% 4'. ‘ 'Y $ '\) <i. c-, -: ,\..‘ . - I 'It i ST 14. -,) ,,, \:3 i L1/44 ? vli im , .j , j fir, ` � y � : � y \.• Cr w \ti J vV Pr.) _ I \ c, c7— a \ V1_,';'-'-,_ E 0 V v ) V \� ^ VVV !\ `F _ N awl o J_ 1 J• I , � 1:J.,' \`l 1 \-\ iu . ' , N c . vJ C DEPARTMENT OF PLANNING SERVICES i i (� PHONE(303)356-4000 EXT. 1400 'l915 10th STREET \ .iy ri, GREEI_EY, COLORADO 80631 � II : G COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, January 22, 1985 at 1:30 p.m. to review a request for approval of an Amended Use by Special Review Permit for the expansion of an onion processing and storage facility from Martin Produce on a parcel of land described as Pt. NW'<,; Section 23, T4N, R66W of the 6th P.M. , Weld County, Colorado containing 7.244 acres, more or less. The 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 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 of presented at the public hearing on January 22, 1985. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the La Salle Leader To be published one (1) time by January 10, 1985. Received `�• Cc Date: . 2 C APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received T — Application Checked by Mylar plat submitted Application Fee Receipt Number _ Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 1\1.141. 114.W. 11 4 Section 23 T 4 N, R66_w LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed:N.W_1 /4 Section ;>3 T 4 N, R fib W Property Address (if available) N/A PRESENT ZONE Agricultural OVERLAY ZONES _ Y TOTAL ACREAGE Acprox 1 7, 2 4 4 ±_� PROPOSED LAND USE Build Onion Processing and storage facility and Farm EXISTING LAND USE Agricultural Production _ _ Production SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Martin Produce Company (Charles Bird) Address: 617 6th St. P.O.Box 446 city Greeley, zip 80631 Home Telephone # 330-4054 Business Telephone # 352-0015 Name: Address: _ City Z.ip Home Telephone 4 Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone #_ APPLICANT OR AUTHORIZED AGENT (if different than above): Name: — -- W Address: City Zip Home Telephone it Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Attached - Address: City Zip Name: Address: City Zip Name: Address: City __- Zip 1 hereby depose and state under the penalities of perjury that all statements, proposals and/or ]:l..ns submitted with or contained within this application are true and correct to the best of my knu,Qledge. COUNTY OF WELD ) STATE OF COLORADO ) �4r C7C = Signature: Owner of Authorized Agent Subscribed and sworn to before ma this /7 day of ty /Yr1 19_ SIAL PUBLIC j' ` My commis>.ion erpii'6 ""►, �NSIV:I 4��it44 NuV.3o,us December 20 , 1984 Martin Produce Company Greeley, Colorado Gentlemen: As president of Western Mutual Ditch Company I have examiend and discussed with you your plans to build a produce warehouse at Peckham near Western Mutual Ditch. As I under- stand it your plans are to build the warehouse on the north side of the ditch no nearer than thirty (30) feet from the north bank of the ditch. The warehouse built at this location will not interfere with our maintenance of the ditch. Very truly yours , WESTERN MUTU DITCH COMP Y By E . J. Frit er, P ident tt PHONES: ,eini4arti Probate Ca. HOME-303-352-0993 REELEY OFFICE --352-0015 IIJJL . -303-352-6712 CAR LOT AND TRUCK LOAD LOTS STRAIGHT OR MIXED CARS `NO q•Flo M(M� J :saws Potatoes, �ttbba5e ani? (Onion% 'r. 4: ,�°+ �h 617 6TH STREET - P.O. BOX 446 0��0 GREELEY, COLORADO 80632 December 12 , 1984 Weld County Planning Commission 915 10th Street Greeley, Colorado 80631 RE: Special Review Application Section 23 Weld County Zoning Ordinance To the County Planning Commission: We would like to address the matter of an ammendment to the use by special review of a piece of property located at Peckham, Colorado. Specifically, Part of the NW a, Section 23 , T4N, R66W of the 6th P.M. , Lying East of the U.P.R.R. and North of the Western Mutual Ditch (Approx. 7 . 244 acres M/L) . The property referred to above has been granted a use by special review in 1983 , case number USR-548 : 83 : 10. Martin Produce Company has since purchased the property and intends to use it for the same use but will require more enclosed area than the previous party. The changes needed to accomodate Martin Produce Company are : 1) Increase building site area and decrease agriculture production area. 2) Increase the size of the original building to 150 ' by 160 ' . 3) Relocate the original building. 4) Add a winter storage facility of 110 ' by 250 ' . 5) Add 1 access to the property. The two accesses would conform to County Engineers specifications of 40 ' in width with a culvert for drainage 15" by 45 ' , 300 ' apart and at least 150 ' east of U. P.R. R. The changes proposed are to be considered a long term plan. At this time we would like to build only the packing facility and build a roof only structure for the unloading area. The rest of the development is proposed at this time to avoid a duplication of effort at some point in the future. Time is of the essence to have this facility available for our growers in time for the 1985 onion harvest. We appreciate the efforts of the planning office in reviewing this case and hope the use by special review can be ammended and approved at the January hearing so building can proceed (weather permitting) in February. Page 2 12/12/84 Following is a listing of explanations to the questions raised in the application packet. I will answer each question in the order presented in the packet. Item #1 : Application is enclosed. Item #2 : a. The proposed use is vegetable processing, warehousing, storage and shipping facility. b. The need for this facility can best be explained by the proximity to the producing area and the fact that our present leased building is now inadequate for the volume of onions available for market in the Peckham area. c. The area surrounding this 7. 244 acre site consists of the following: to the west, a grain elevator and U. P.R.R. tracks; across Highway 85, a maintenance shop for vehicles; both north and south is farm ground; and to the east, a residential dwelling. The facility we are proposing fits well with the current uses of the surrounding property . d. On the east side adjacent to the property is a single family dwelling. The building site to be 250 ' West of the dwelling and the closest actual building would be N 450 ' West with agriculture production (alfalfa hay) in the eastern.~ 250 ' of the property. To the north, across the Highway, is another family dwelling. e. At this time it is anticipated to have approximately 10 growers using the facility to package and ship their crop. f. We anticipate one shift from 4 to 14 hours, 5 to 6 days per week, with approximately 30 employees . Initially the seasonal use will be late July thru October with a maximum 8 month use projected in the future. g. The water source will be Central Weld Water (see attachment) . h. We propose 2 permanent accesses to the property both on the north side between the property and Weld County Road 44. (see attached site plan) i. Employee vehicles, farm trucks and semi-trucks during the season. Weight of trucks will. be 80 , 000 lbs . maximum gross weight. An approximate number of semi-trucks anticipated at this time would be an average of 4 per day during peak season. An approximate number of farm trucks anticipated at this time would be an average of 12 per day during peak season (August-October) . j . Septic system engineered for the use . Page 3 12/12/84 k. Fire protection will be local authorities . Extinguishers will be placed in appropriate locations throughout any of the buildings . 1. No animals will be on this site. m. No waste area will be designated. The production bi-products are directly loaded on farm trucks daily to be dumped at the local landfill . Office and employee waste will be 1/4 yard container or our own truck, also to be dumped at the local landfill . n. There is no planned storm water retention pond. We feel the agriculture ground is adequately drained by existing ditches and waterways . If necessary a retention pond could be constructed . o. The timing of waste disposal is on a daily basis utilizing the local landfill, i.e. any time a truck is loaded ready to be dumped. p. We have no landscape plans as the ground will either be a roadway, parking area, building site, or Agriculture production of alfalfa hay . q. Not applicable. The site is intended as a permanent facility. r. If the ammendment for use by special review is approved and the building permits obtained, building could commence by February and no later than April 1st, with construction anticipated at 90 days , weather permitting. Start up of the facility would be the crop season of 1985 approximately July 20 , 1985 . Item #3 : a. Facilities of this nature are a necessary part of agriculture production, i.e. marketing and shipping, to keep Weld County a major producer of food . Since the area of concern is zoned agriculture the use proposed is very compatable . b. Same as a. • c . Part of the ground will remain in production with the major portion utilizing the production of the surrounding area. d. I can foresee no threat of health, safety, or the welfare of the inhabitants of the neighborhood or county as no significant amount of hazardous material, flammable material or noxious material is used in the proposed use of this ground . e . This was addressed in Item #2 - c . f. The future development of the area close to the U. P.R.R. and U.S. Highway 85 could only be light industry of which this use is consistant.. The surrounding area being zoned agriculture is also consistant with the proposed use. Page 4 12/ 12/84 g. The area in question is not in a flood plain, geologic hazard area, or Weld County Airport overlay district area, and this application complies with section fifty. h. Central Weld Water letter attached. i . Attached D . Waived k. Attached 1 . Attached m. Attached Item #4 : Attached plot plan and vicinity map. Respectfully Submitted, Duane D. Zab President, Martin Produce Company AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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 of the application submission date.Makzi C - tett: ✓-'d /�1 -;�r 4. i7L_ The foregoing instrument was subscribed and sworn to before me this / 7�� day of Elaer_pi11l14?/LJ 19O . WITNESS my hand and official seal. My Commission expirq ;yoipmLssiQB kxNires Nov.3u,tab WNota y Publi NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION U Louis & Ida Dinner 1814 14th Ave. 62105714000023 Greeleyt CO 80631 Mark R. Stewart Jr. , aka Marcus R. Stewart 16166 WCR 44 62105714000006 Rt 2, Box 339 Frank A. Eckhardt Jr. , LaSalle, CO 80645 & Bonnie J. Eckhardt 21454 WCR 33 --- 62105714000007 LaSalle, CO 80645 Ruth E. Greenwald 915 Magnolia Drive 62105723000052 -_ Quincy, Florida 32351 Dorothy M. Heide' 11018 W. Ruby -Ave. 62105723000052 ___� Wauwatosa, Wisc. 53225 Frances Holmes 19461 WCR 50 '� 62105723000052 Anthony, a2%-tresio R. ,. LaSalle, CO 80645 & Benita Hernandez 20952 WCR 33 62105723000011 K Vin W. , Darwin R. , LaSalle, CO 80645 & Roy A. Schmidt 19256 WCR 37 62105723000015 LaSalle, CO 80645 Arturo,& Cipriana Ibarra P.O. BOX 493 6210572:3000044 LaSalle, CO 80645 Alvin & Margaret L. Roth 16070 State Hwy 256 62105723000045 �__________ LaSalle, CO 80645 Daniel L. , -— & Debra K. Baker 3815 W. 7th St. 62105723000010 Greeley, CO 80631 Randall D. , & Nicola A. Smith 16474 WCR 44 62105723000014 LaSalle, CO 80645 Union Pacific Railroad Company P.O. Box 2500 No Parcel Number - Broomfield CO 80020 $w3ctily of Costrrci Denver M.Wiggins STEWART TITLE (303) 352-4571 President OF OREELEY 916 10th Street Cieona M.Nelson Greeley, Colorado 80631 E xecutive vice President December 14, 1984 Southwest Quarter of Section 14, Township 4 North Rangee 66 West of the 6th P.M. Louis Dinner Ida Dinner 62105714000023 Mark R. Stewart Jr aka Marcus R. Stewart 62105714000006 Frank A. Eckhardt Jr Bonnie J. Eckhardt 62105714000007 Northwest Quarter of Section 23, Township 4 North Range 66 West of the 6th P.M. Ruth E. Greenwald Dorothy M. Heidel Frances M. Holmes 62105723000052 Patresio R. Hernandez Anthony Hernandez Benito Hernandez 62105723000011 Kevin W. Schmidt Darwin R. Schmidt Roy A. Schmidt 62105723000015 Arturo Ibarra Cipriana Ibarra 62105723000044 Alvin Roth Margaret L. Roth - 62105723000045 Daniel L. Baker Debra K. Baker 62105723000010 Randall D. Smith Nicola A. Smith 62105723000014 Union Pacific Railroad Company No Parcel Number AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE o? 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 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. _enrza-cr.2.--r3,./jvb7,,,- 72, ' i ....Salt _ /61 The_1J�(fforegoing instrument was subscribed and sworn to before me this ( 7-PI day of CFnil ., 19 Rq . WITNESS my hand and official seal. My Commission expitiq' 6mm1ssion Expires Nov.30, 1985 Teceickir oY ( -/__ Notary Publi NAMES OF MINERAL OWNERS OF A PIECE OF GROUND IN THE N.W. 1/4 LAYING S . AND E . OF THE UNION PACIFIC RAILROAD SECTION 23 TOWNSHIP 4 N . , RANGE 66 WEST OF THE 6TH P.M. NAME ADDRESS DIVISION Albert D . Lorenz O/O 327 4th St. Kersey,CO 80644 1/ 12 Ralph O. Lorenz 1/ 12 Clarence P. Lorenz " 1/12 Martha Slapper 1/12 Helen M. Petersen 1/12 James F . Lorenz 1/12 Donald B. Lorenz " 1/ 12 Genevieve E. Hyde 1/12 Lauretta M. Gray 1/12 Ruth I . Roth " 1/12 Ivan L. Lorenz 1/ 12 Olinda C . Lorenz 1/ 12 CURRENT OIL AND GAS LEASES NAME ADDRESS Amoco Production Co. Security Life Building 1616 Glenarm Denver, Colorado 80202 STE" RT TITLE COMPANY OF GREELr INC . DBA SECURITY ABSTRACT COMPANY OF WELD COUNTY 916 TENTH STREET GREELEY , COLORADO 80631 MEMORANDUM OF TITLE OF MINERALS ONLY CERTIFICATE 1i 5823 LEGAL DESCRIPTION : Lot "A" of Recorded Exemption No. 1057-23-2-RE-600, as per the map recorded June 9, 1983 in BOOK 999 under Reception No. 1929764, Weld County Records, being a portion of the Northwest Qjtarter (NW 1/4) lying South and East of the Union Pacific Railroad, Section 23 , Township 4 North, Range 66 West of the 6th P.M. ( EXCEPT RESERVOIRS , IRRIGATION DITCHES , AND RIGHTS OF WAY OF ROADS ) RECORD TITLE OWNER : MARTIN PRODUCE COMPANY by Warranty Deed recorded October 18, 1983 in Book 1010 under Reception No. 1943932, Weld County Records. MINERAL OWNERS : Albert D. Lorenz 1/12 Ivan L. Lorenz 1/12 Ralph 0. Lorenz 1/12 Clarence P. Lorenz 1/12 Olinda C. Lorenz 1/12 Martha Slapper 1/12 Helen M. Petersen 1/12 James F. Lorenz 1/12 Donald B. Lorenz 1/12 Genevieve E. Hyde 1/12 Lauretta M. Gray 1/12 Ruth I . Roth 1/12 OIL & GAS LEASES CURRENT AS TO PRIMARY TERM : Oil & Gas Lease recorded January 16, 1973 in Book 683 under Reception No. 1605493 for a primary term of Five (5) years An Affidavit of Lease Extension of the above Oil and Gas Lease was recorded January 27, 1978, in Book 821 under Reception No. 1742851 , Weld County Records. ENCUMBRANCES : NONE THIS STATEMENT IS MADE FOR THE BENEFIT OF Martin Produce Company THIS STATEMENT IS NOT TO BE CONSIDERED AN OPINION AND WE ASSUME NO FINANCIAL LIABILITY BY VIRTUE THEREOF . IN TESTAMONY WHEREOF WE SIGN THIS STATEMENT AS OF THE 12th DAY OF December, 19 84 AT 7 : 45 A . M . SECURITY ABSTRACT COMPANY OF WELD COUNTY BY uti OTE : ALL RECORDING DATA PERTAINS TO THE CLERK. AND RECORDER ' S OFFICE OF WELD COUNTY , COLORADO . aVe . CENTRAL WELD COUNTY WATER DISTRICT December 10 , 1984 Martin Produce Company ATTN : Mr . Chuck Bird P . O . Box 446 Greeley , CO 80632 RE : Water Service Dear Mr . Bird : This letter is in response to your request for water service to serve the following described property : Part of the NW34 Sec . 23 , T4N, R66W of the 6th P . M . , lying E . of the U . F . R . R . and N . of Western Ditch Company ( Approx . 7 . 244 acres m/1 ) See Attached Legal Description Water service can be made available to the above described property provided all requirements of the District are satisfied , including easements where required for District facilities . Central Weld County Water District requires that contracts be consumated within one ( 1 ) year from the date of this letter , or this letter shall become null and void unless extended in writing by the District . Very truly yours , CEN AL WELD COUNTY WATER DISTRICT vir Lorene G . Hirsch Office Manager LGH/wmg 2235 2nd Menus • Greeley,Colorado 80631 • (903)352-1284 • Dais D.Olhausen,Manager Martin Produce Company December 10, 1984 ATTN: Chuck Bird P.O. Box 446 Greeley, CO 80632 LRIAL DESCRIPTION All of the Northwest Quarter lying South and East of the Union Pacific Railroad , Section 23, Tcwnship 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado EXCEPT: Part of the Northeast Quarter of the Northwest Quarter of said Section 23, Beginning at the Northeast Corner of the Northwest Quarter South to ditch, thence West 203 feet , Thence North to the Section Line, Thence East to the Point of Beginning•. ' Said described parcel of land contains 137 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. LOT "A" A parcel of land located in the Northwest Quarter of Section 23, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows; Beginning at the Northeast Corner of said Northwest Quarter and considering the North Line as bearing South 90°00'00" West with all other bearings contained herein relative thereto; Thence South 90°00'00" West, along said North Line 204 feet to the True Point of beginning; Thence South 00°00'00" East, 149.53 feet; Thence South 80°52'45" West, 487.29 feet; Thence South 8v°17'47" West, 284.34 feet; Thence South 87°15'49" West, 288.51 feet; Thence South 70°45'51" West, 492.334 feet;to a point on the East right-of-way line of the Union Pacific Railroad; Thence North 41°08'20" East, along said right-of-way, 572.30 feet to a point on the said North Line; Thence North 90°00'00" East, 1140.59 feet, along said North Line to the True Point of Beginning. Said described parcel of land contains 7.244 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or an now existing on said'described parcel of land. // •r Aas%ra I 1010 RIC 01913932 10/10/03 15,52 $3.00 1/001 1 P 1001 MALT AINI noon= CLERK • RRCOIIDEll WELD CO. CO 111101111IS 71.6 DVS Y ar 11th tit October . 6463 ,haw. RETIR V. SCIMIDT, DARWIN R. S13R110I and ROT A. SCMIOT tt. utd Omit ct Weld weer t Ods. as es M,sand MARTIN ►ROWCE COMMT ---�� ^ . AODNESS: P.O. Na 116 rfi, Green. Colorado nit'aosi1"e emir eYtale of toehb.et Selene t ore Il s,t Colorado �@ at Ile semi pee 111011011100%ns a.seed pet 1 es at O.M is.ler sot r se.aae.mes t as sou ft TRIRT nit T IMMM AIM 110/100 - . - (535.000.00) DOLLARS b y SIRS t n t Y M sews b W pore tow as pee`t r asst p4 a.MOO slam/h h.y sarrlr er■wryxa ve peal.. -. - near wt.r war pee 1st boa Ins same r seas a as SI e.IR deb roved pet b aaeawas and res r,..., t r a0etroeeert M spend tlattael..Nar sod lest Is el. said benbt Veld r6eele t Oita b St Lot 'A' of iRecerded Exemption N. 1057-23-2-CIE-600. as per the r0 recorded June 9, 1163 tt Rook 999 ender Reception No. 192'1764, Veld County Records, being a parttes of the Northwest tarter (MI1/4) lying South and East of the Union ►acifit Reused. Sectten 23, Township 4 North, Renee 66 Wit of the 6th P.M., County of Weld. State of Colorado; - ' TOETIQ VIM One (1) shire of Capital Stock of the *esters Mutual Ditch Caepsey. �( it r- r- isen s-r r afire he Iss`b r eeeaeeww See Sense . Ines. r, `y]: anal as wl Ile melt r.e.r.e,sserrr wart...aese an sal pea a.at,de r IC leeaa►0101.00e.ISO.rlerdee.r ear...toes Si me tore Os se eater leave T .S*Rbr Whet"l—rne p.rrrve..rr Seams r______ �. Qw tMM11W0 w MY es sin praises rove la0red reasret.lar emplanes es at • Si pees t b,semi sell b eesess r ewe* a Aso r sal tee In tt.M pus,a. the r wI. bee.esrem r ebb. .• —e.S.leeenb eel a b r idea ✓MI pub.e es sot peel Is ceases r sips elect t r Mr tab sear Weep t are suss atleey ew ea erne t Y person Ss epee.t pat a peas Sets vet eJrerY ears t ilia s Iw,s he alma r bee pee s M peed r betel seaale r newt lamas sell r a Y cep Is ar r en._-e,wes r ar as ass As ad 5 al Geese r era tab./seer'save Ilea la sirs r eseeabeaw t.lees.W..see.. Pow, SUBJECT TO tans fee the calendar year 1$3 and sdspwent years and the Covenants, Coalitions. Rntrlctlens, Reserrstlens, Easements, Mrs set eights .f Vey M Record: r Y See hveple5 seals b r ere r nag paena.t is a peer t a.else snarl .ncawasra r mas aeearar IS OW a a paap Yak*debar er b the as Sakes^. +. IS r a IS beet IS des—Yr ea WA-AIR Alen p0110/101 MM! �1 , sr gams Mrs 9beaapwies lftr.Pin we SIMMS their Ides awl emit ate ever seer DO OM.SOS W '/ _, mnaiat el Ile Ponsst ' -- —_---- "' "--lM►u OUTS M 006-•03. 1 Ola f el Veld ve >M1 rerun brener eve eeeaerMe yen so IS Nth Mt October fn3 .hr wimp. ScMdt, NM. R. scheldt and hey A. Scheldt. f.'•OC r tb►ch 6. IS. Y I ) b'Zpy new $ ea�wp lrCiA�, ^e �, k , `re . G M sale 9[g�er file BP�owwMe6rMw,aee ls..eee�i hr SUS ty ISO u.a SS Soave ers&-ea q.,. I r ,„, , , . c : ,, j , ., .. ; .„ , , 1 , , . .e.E. 72 \ o .4 lg 1, it .11� 11 1. � � 3, . • „e i 4 72 �+.. t.S M' ice• A4. li t1 rIght tc « �1 3a wy 4 4 r' . t M 29'. : ,41.¢ t _ 3 tot i 12 ti _ C. 7 ''."..1.----.-717 "07 -- J` f zee çç4j. • y' , ig 30 / ,r L d.v r ...124, ,_ r ii tt '•`^- .n 30 / ._/ ,�$jmb.rt( .f+ � ` .. � 46 1 iy '� 30 14 - t' A p l '4 i :..no, ��. X4 1 h 5>01)jt i '4 •'r c..Y tv / 29 %I.* n ... .. F - IS rem' ' i A. e r m ell- r � f .. 4wnr, • 1 . 7 �,� , S�iu � a tap ' rt � V aan�,/� / rT 30 51 a d < 76 < 69 0 1 1 SO ( �L— <4 4�. 1 <6kj nA w: : . I j 12 �.�.� 1 f : ..,:fr ii, , ..,,,,,,E,, . S s 51 DO 72 0 t-404 ' ''; 15$ F 50 ! .. ,)I rdk ri, in )n �,s <� 25-1 3p 26 • � 72 51 35 y < / 35 lik�� 72 3 ; Ht / _ .a tr r-/ M... as 1.p Y 4. 2 v % A; 1 } / 4 �%rt' n 3 t ^ 1/f I Y p{ 69 be. 17,"etenet yu, yF.. I` •ct ; - 7t, 'Niff II ts.4 �3 1• r, r' o.,I f' Ire ,. R 44 kr7a, ' Ilt% 7,1911) \41.--4,4010.1011104101130410104ThElli 1^, � .I.`. C ♦;:..i. , S. ' w,OAs S.X Nu ewA ... i r 1 1� F'/ SKr • . . 7 $. 61Z4 X ,' i,7F ; 70 14 f d4'� .. IAho„ m. r�ti b, : Sae 1 ` c 11—Bresser sandy loam, 0 to 1 percent slopes. This is a deep, well drained soil on terraces at elevations of 4,700 O nee r/ to 4,800 feet. It formed in alluvium deposited by the Sub J ec r I South Platte River. Included in mapping are small areas of soils that have sand and gravelly sand in the lower ( / e part of the substratum. So Typically the surface layer is grayish brown sandy loam about I1 inches thick. The subsoil is brown and yellowish G S CPSc r, brown sandy clay loam about 19 inches thick. The sub- p stratum to a depth of 60 inches is loamy sand. rte. S� ( Sortie/ o� Permeability and available water capacity are �� Q/� moderate. The effective rooting depth is 60 inches or �tli C,l ,<, to 7C+Gf0 more.'Surface runoff is slow, and the erosion hazard is low. Sovfiler., pca'f.: This soil is used almost entirely for irrigated.crops. It is suited to all crops commonly grown in the area includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, o and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Few conservation prac- tices are needed to maintain top yields. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. Ring-necked pheasant, mourning dove, and many non- game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. This soil has good potential for urban and recreational development. Lawns, shrubs, and trees crow wall The only limiting features are the rapid permeability in the substratum and the resulting hazard of ground water con- tamination from sewage ,lagoons. Capability class I ir- rigated. 100 BOIL SURVEY_t.- . TABLE 6.--BUILDING SITE: DEVELOPMENT {i ' Some of the terms used in this table to describe restrictive soil features are defined in the Glossary. /See text for definitions of "slight„" "moderate," and "severe." Absence of an entry means soil was not rated] 'a'it ' I Soil name'and ' Shallow I Dwellings Dwellings Small : Local roads map symbol 1 excavations I without w with commercial I and streets ' basements basements buildings 4 aq 1 , 2 1,.. :Severe: Moderate: Moderate: Moderate: :Moderate: Altvan 1 cutbanks cave. shrink-swell. shrink-swell. I shrink-swell. I shrink-swell , : : frost action. 3._ : Aquolls ;Severe: Severe: Severe: Severe: :Severe: ; floods, I floods, floods, floods, floods, I wetness. I wetness. wetness. wetness. wetness, I : , frost action. Aquents :Severe: iSevere: Severe: :Severe: Severe: I floods, 1 floods, floods, '' : floods, floods, wetness. I wetness. wetness. I wetness. wetness, I I r I frost action. x 4 I Aquolls Severe: Severe: Severe: :Severe: Severe: floods, floods, floods, 1 floods, floods, wetness. wetness. wetness. ' 1 wetness. wetness, .,.. ' I frost action. • I Aquepts Severe: Severe: Severe: :Severe: Severe: floods, floods, floods, I floods, floods, wetness. wetness. wetness. : wetness. wetness, - frost action. 5 Slight Moderate: Moderate: :Moderate: ;Moderate: Ascalon low strength. low. strength. I low strength. I frost action, : I low strength. y. ' 6, ( Slight Moderate: Moderate: : :Moderate: :Moderate: Ascalon low strength. low strength. slope, ; frost action, • low strength. I low strength. 8, 9 Slight Moderate: Moderate: Moderate: :Moderate: Ascalon low strength. low strength. ' low strength. I frost action, I low strength. 10 Severe: Severe: Severe: Severe: :Severe: Bankard cutbanks cave, floods. floods. floods. I floods. floods. . qtt 12 'Sli.g_htt Slight Slight Slight, :Moderate: resser ,------"-' I's 4------ ' frost action. • ' I 13 Severe: Moderate: Moderate: 'Severe: :Moderate: C a so ajo cutbanks cave, slope. slope. I slope. I slope. small stones. ''`" 1 IN , 15 Slight Slight Slight :Slight ;Moderate: Colby ',na... , I : low strength. . I 16 , 17 Slight Slight Slijiht :Moderate: ;Moderate: Colby : slope. ; low strength. I 180: 1 , Colby :Slight Slight Slight 1 Moderate: ;Moderate: I slope. I low strength. Adena ISl:lght :Moderate: Moderate: :Moderate: ;Moderate: low strength. low strength. I low strength„ I low strength. 1 , I slope. 1 ' See footnote at ead of table. Ituilding site development The degree and kind of soil limitations that affect shal- H,w excavations, dwellings with and without basements, ,mall commercial buildings, and local roads and streets ..re indicated in table 6. A slight limitation indicates that Oc o Q.� S/ .f. icy .t h � properties generally are avorable for the specified-77: r 6, any imitation is minor and easily overcome. AL. :M, tattle in ,, ulerate limitation indicates that soil properties and site s't'atures are unfavorable for the specified use, but the 4Q Sg Imitations can be overcome or minimized by special P J Awning and design. A seven limitation indicates that one ,.r more soil properties or site features are so unfavorable t( ir difficult to overcome that a major increase in construe- Sen./ Sv/ve�/ OPLi ion effort, special design, or intensive maintenance is / / � squired. For some soils rated severe, such costly mea- Al`s/ct �c"` / Co o� do ,n es may not be feasible. 4,„ rhena '(. _. t,, tl shallow excavations are made for pipelines, sewerlines, h tai' 'numunications and power transmission lines, basements, Nd open ditches. Such digging or trenching is influenced soil wetness caused by a seasonal high water table; the wire and consistence of soils; the tendency of soils to Ave in or slough; and the presence of very firm, dense layers, bedrock, or large stones. In addition, excava • - : ns are affected by slope of the soil and the probability flooding. Ratings do not apply to soil horizons below a pth of 6 feet unless otherwise noted. In the soil series descriptions, the consistence of each .oil horizon is given, and the presence of very firm or ex- comely firm horizons, usually difficult to excavate, is in- cated. I)metlings and small commercial buildings refs table 6 are built on undisturbe so an ave_founda- s n., loads of a dwelling no more than three stories high. * tip 4 6 v' J :u ate ratijs are made for small commercial buildings ithout basements and for dwellings with ana thous proposes e. ur For such structures, soils should be suffl- ,•ntly stable that cracking or subsidence of the structure ,m se me o a on oes not .'eur. These ratings were determined from estimates of shear strength, compressibility, and shrink-swell potential of the soil. Soil texture, plasticity and in-place density, potential frost action, soil wetness, and depth to a seasonal high water table were also considered. Soil wet- ness and depth to a seasonal high water table indicate potential difficulty in providing adequate drainage for basements, lawns, and gardens. Depth to bedrock, slope, and large stones in or on the soil are also important con- siderations in the choice of sites for these structures and were considered in determining the ratings. Susceptibility to flooding is a serious hazard. RE-OD-56 Form "A" � �nr� ' — . ( )-1-73j RAILROAD RIGHT OF WAY INDUSTRIAL LEASE APPLICATION SECTION "A" ( 1 ) Name of Lessee: If a Corporation - Martj,n Produce Comvanv , 'a corporation of (name of corporation) the State of Colorado _ (State of incorporation) (Corporate name should be exactly as stated in its Articles of Incorporation. ) Names and Titles of Officers - Dorothy Zabka - Sec.-Treasurer Charles D. Bird - Vice President Duane D. Zabka - President Principal Place of Business - 617 6th Street Greeley. CO 80631 If an individual — _ (name of individual) of (Street, City and State) If an individual - doing business (name of individual) under a trade of name (Street, City and State) doing business under the firm name and style of If a partnership - a partnership . (name of partnership) consisting of and all of (Street, City and State) ( 2 ) Mailing address of individual to whom lease is to be sent for execution P.O. Box 446. Greeley. Colorado 80G32 _- (Street, City, State and Zip) ( 3 ) Billing address P.O. Box 446. Greeley. Colorado 80652 (Street, City, State and Zip) ( 4 ) Name and phone number of individual to contact in event of question re requested lease Charles Bird 303-352-0015 business 305-530-4054 I ( 5 ) Effective date of lease A.S.A.P. Term desired Max____ -OD-56 SECTION "B" (1 ) Use of leased premises Martin Produce Company has purchased the adjacent property for future expansion of operations . ( 2 ) Commodity to be handled: ( a) Anhydrous 'ammonia (b) Flammable liquids (sp_eify) (c) Other hazardous materials (specify) (d) Other , non-hazardous materials (specify) Potatoes & Onions ( 3 ) Will improvements be constructed? (Yes) (No) X If so, please state: Type Size When (Prior to any construction, plans must be submitted to the Railroad Company for approval. ) ( 4 ) Will storage tanks be installed at the lease site? Yes X No ( a) If so, state capacity (b) What will be stored in the storage tanks? ( 5 ) Will trackage be required? Yes _L�No New Existing If so, please give length a—description (6 ) will device be required for loading and/or unloading? _Yes x No If so, please indicate type: Overhead Overtrack_ Under track Portable Non-portable ( a) If portable give brand name and description __ (b) If non-portable submit detailed drawings. ( 7 ) Will a Conditional Assignment be required for financing purposes , if so, please furnish complete name of lending institution, together with address of institutions agent (8 ) will property be Subleased? No If so, portion or all? Also, please furnish information for Items (1) thru (6) Section "A" and Items (1) through (7) Section "B" for Sublease. • (9 ) What traffic will be involved? (Origin -- Destination) Company vehicles. employee vehicles , and narking for truck trailers to be. loaded. (Estimated C/L per year for UPRR haul) t[;-OD-56 HCTI0N "C" ( 1 ) Do you now have an existing lease or agreement at this location with the Railroad Company? No • • S. . ( 2 ) To the best of your knowledge, furnish a description and location of the lease site desired. If possible, please attach a detailed drawing . That portion of ground available for lease adjacent to Lot A of recorded exemption No/-1057-23-2-RE•600 Weld County Colorado between Colorado State Highway 256 and the North boundary of the Western Mutual ditch (see enclosure) • (3) Additional information pertinent to lease request. We would like to leaser if possible. the eastern 150' of UPRR Right of way to be sure that that portion of ground would be available in the future should our business require railroad siding. (Signed) Martin Produce Company 000MC (I6=5XX% (Coorpporation) (Sy) . 7.�r r4.',.e % cz. -1Lt/ (President) (I0000rd<ai'Q : ward Application To: z , / .(,, i enve • A—O—�fE1`CR : crict Real Estate Director : on Pacific Railroad Company . 6 Dodge Street Ha , Nebraska 68179 Hello