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Home My WebLink About930781.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL FACILITY (STORAGE OF SUGAR BEETS) IN THE A (AGRICULTURAL) ZONE DISTRICT - THE WESTERN SUGAR COMPANY 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 11th day of August, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of The Western Sugar Company, 1302 1st Avenue, P.O. Box 9, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for an agricultural facility (storage of sugar beets) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the Ez E; of Section 18, Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Tony Zitterkopf, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, 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 Urban Growth Boundary Goals and Policies. The proposed land use is located in both the Town of Ault's and the Town of Eaton's Urban Growth Boundary, and both towns indicated the proposal did not conflict with their interests. b. The proposed use is an agricultural service establishment and is provided for as a Use By Special Review in the A (Agricultural) Zone District. PL0918 930781 SPECIAL REVIEW PERMIT - THE WESTERN SUGAR COMPANY PAGE 2 c. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan, the Town of Ault, and the Town of Eaton. d. No overlay districts affect the site. e. Special Review Permit 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 Site Specific Development Plan and Special Review Permit for an agricultural facility (storage of sugar beets) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The applicant shall obtain a recorded exemption to create the parcel upon which the activity is proposed to take place. In lieu of the recorded exemption, the applicant may wish to reword the lease to state that they have the USE of the land, rather than the parcel of land itself. 4. The applicant shall obtain an emissions permit from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. If an emissions permit is determined to be not necessary by the Colorado Department of Health, then the applicant shall supply a letter indicating this. 5. The applicant shall obtain adequate toilet facilities for the site. 930781 SPECIAL REVIEW PERMIT - THE WESTERN SUGAR COMPANY PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of August, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: O WEL COUNTY, COLORADO Weld County Clerk to the Board �fj/ �/yG��6cli Constance L. Harbert, Chairman ciBY: ge t Deputy Olerk to the Board W. ebster, Pro em APPROVED AS TO FORM: << —r ek--7 orge E Baxter ounty neY Atto� Dale K. Hall EXCUSED Barbara J. Kirkmeyer 930781 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS THE WESTERN SUGAR COMPANY USR #1020 1. The Site Specific Development Plan and Special Review Permit is for the storage of sugarbeets in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the employees. Portable toilets are prohibited. 9. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 10. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris, fugitive dust, or spoiled produce on or around the facility. 11. An Individual Sewage Disposal System Permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 12. All construction activities that disturb more than five acres are required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 930781 DEVELOPMENT STANDARDS - THE WESTERN SUGAR COMPANY PAGE 2 13. Trucks delivering sugar beets to the site shall not exceed the posted weight limit on the bridge to the north of the site on Weld County Road 39. 14. The approach through the radius at the site entrance and exit shall be paved. 15. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 18. 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 ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 19. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 20. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 930781 HEARING CERTIFICATION DOCKET NO. 93-49 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL FACILITY (STORAGE OF SUGAR BEETS) IN THE A (AGRICULTURAL) ZONE DISTRICT - THE WESTERN SUGAR COMPANY A public hearing was conducted on August 11, 1993, at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer - Excused Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson The following business was transacted: I hereby certify that pursuant to a notice dated July 7, 1993, and duly published July 29, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of The Western Sugar Company for a Site Specific Development Plan and Special Review Permit for an agricultural facility (storage of sugar beets) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Tony Zitterkopf was present representing the applicant. Chairman Harbert explained that, in the case of a tie vote, Commissioner Kirkmeyer would cast the deciding vote after reviewing the record. In response to a question from Commissioner Webster, Mr. Zitterkopf said all Development Standards and Conditions of Approval are agreeable. There was no public testimony offered concerning this matter. Commissioner Webster moved to approve the request of The Western Sugar Company for a Site Specific Development Plan and Special Review Permit for an agricultural facility (storage of sugar beets) in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 16th day of August, 1993. 1Witi APPROVED: ATTEST: WEARD OF TYUNCY ORADISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board By: 5A ej)Q,t..jj-- /CM M (e flt Const nce L. bert, Chairman Deputy CYkrk to the Board I l / )i i9P? W. Webster, Pro Tem /L TAPE #93-27 7 rGPorge Baxter DOCKET #93-49 Dale K. Hall PL0918 EXCUSED Barbara J. Kirkmeyer 930781 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 11th DAY OF Au 1993: DOCKET /1 93-50 - Amended USR - Catholic Community Services DOCKET 1i 93-49 - USR - The Western Sugar Company DOCKET 4! 93-45 - COZ - Weld County Board of Commissioners DOCKET 1/ 93-56 - Minor Subd Final Plat - Verna Ihnen PLEASE write or print your name legibly, your address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING L.i ll ►1 :iikvrt ) 3/s-- Ecisi 1S'' ` ,..1 . GI ill 5 e`lrei �-1 — `/5 tt'c &� L -,,)„,,,,,, / i 7 :ill 4v �{eYlfy 13 - J,s, 4 ,- 57z„, ,./..... g.-_-,-- ici 4' iU A's,,,_c J/3 —;iS'ilcrr/ //46 Neeky 9 : —ys- 7fr'/r. A 'sad. 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F IA.111e C-,�1 cc G r-‘41e1 ie 2c.a.,,, 930781 NOT I C E The Board of County Commissioners of Weld County, Colorado, on August 11, 1993, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: The Western Sugar Company 1302 1st Avenue P.O. Box 9 Greeley, Colorado 80631 LEGAL DESCRIPTION: Part of the El Ez of Section 18, Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An agricultural facility (storage of sugar beets) in the A (Agricultural) Zone District SIZE OF PARCEL: 10 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK QQTOO� THE BOARD 'r BY: 73ILCC(l k-�i'!,c.Lv✓ Deputy C Srk to the Board PUBLISHED: August 19, 1993, in the Windsor Beacon 930781 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss The Board of County COUNTY OF WELD ComSesiottsre of Weld County, I, KEITH HANSEN, of said County of Weld, being duly Colorado, on Augustsworn, say that I am publisher of 11, 1993,conditionally approved a Site Specific Development WINDSOR BEACON Plan and Special Review Permit for the a weekly newspaper having a general circulation in said d®1t0t4 it County and State, published in the town of WINDSOR, Costa * in said County and State; and that the notice, of which of this arrMnM the annexed is a true copy, has been published in said vested f planpro a rWM weekly for_ _successive weeks, that the notice pursuant to MIS b was published in the regular and entire issue of every of Title 24, C.A.S., as number of the paper during the period and time of amended,for a period publication, and in the newspaper proper and not in a of three yam. supplement, and that the first publication of said notice APPLICANT: The was in said paper bearing� the date of the Western Sugar / / d of Company: 1302 lst y CC -t , A.D., 19 and Avenue,P.O. Box 9, the last publication beaang the date of the Greeley, Colorado 80831 day of , A.D., 19_ and LEG AL that the said WINDSOR BEACON has been published DESCRIPTION: Part continuously and uninterruptedly for the period of 5 of the E 1/2 E 1/2 of consecutive weeks,in said County and State, prior to the Section 18,Township date of first publication of said notice, and the same is a 7 North, Range 85 West of the 8th P.M., newspaper within the meaning of an Act to regulate Weld County, printing of legal notices an advertisements, approved Colorado May 18, 1931,and all prior is ar as in force. TYPE AND INTENSITY OF APPROVED USE: An agricultural facility P LISHER (storage of sugar beets) In the A Subscri d d sworn to before me this rQ 1 da (Agricultural) Zone �n y of District • SIZE OF PARCEL: 10 ��(Q�✓�j �/L(/J�11h7't�d acres,more or less NOTARY PUBLIC Failure to able by the My commission expires c/ 7 � /9'9 6 . terms and conditions of approval will result M a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO BY: DONALD D. WARDEN,CLERK TO THE BOARD BY: Shelly K. Miller, Deputy Clerk to the Board Published In the Windsor Net oft on Ay1M If,1MlI. 930781 t [5[ �hhh SUMMARY OF THE WELD COUNTY PLANNING COMMISSION August 3 , 1993 A regular meeting of the Weld County Planning Commission was held August 3, 1993, in the Centennial Center, 915 Tenth Street, Room 350, Greeley, Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi at 1: 30 p.m. Tape 442 Roll Call Richard Kimmel Present Tom Rulon Present Bill O'Hare Absent Juliette Kroekel Present Shirley Camenisch Present Bud Clemons Present Judy Yamaguchi Present Also present: Greg Thompson, Current Planner, Monica Mika, Current Planner, Department of Planning Services, Lee Morrison, Assistant County Attorney, John Pickle, Director, Trevor Jircek, Specialist, Environmental Protection Services, Weld County Health Department, Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission, held on July 20, 1993, was approved as read. Election of Officers. It was determined the election of officers would be scheduled for the next regularly scheduled meeting, to be held August 17 , 1993. Bud Clemons left at 1:40 p.m. CASE NUMBER: USR-1020 APPLICANT: Western Sugar REQUEST: A Site Specific Development Plan and a Special Review permit to store sugarbeets in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of the Town of Ault. The applicant, explained this proposal would allow them to obtain a new site for the storage of sugar beets . The intended location would be more rural and more accessible to local growers. It will help eliminate the traffic in the Towns of Ault and Galeton. o 930781 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING August 3, 1993 Page 2 Richard Kimmel asked if they would haul to the Fort Morgan area. The applicant said most likely not, but in an emergency and pending freight costs (Ft. Morgan vs. Greeley) it might be a possibility. The Chairperson asked if the applicant agreed with staff' s recommendation. Tony l; asked if Development Standard #8 could be altered because this facility would not operate continually through the year. He thought the requirement for permanent G toilet facilities was a bit excessive. John Pickle explained this requirement was initiated at the State level. No other alternatives other than a possible "vault" system exist. Shirley Camenisch felt the bridge, over the haul route should be addressed. Greg Thompson explained Weld County Engineering had no concerns. She asked about alternate accesses if breakdowns of the vehicles occur. Tony explained the access would be widened and an access to the south also exists. The Chairperson asked if there was anyone in the audience who wished to speak for ig or against this application. No one wished to speak. Richard Kimmel moved Case Number USR-1020, Western Sugar, be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Shirley Camenisch seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Tom Rulon - yes; Juliette Kroekel - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes. Motion carried unanimously. CASE NUMBER: USR-1021 APPLICANT: Gerrity Oil and Gas Corporation REQUEST: A Site Specific Development Plan and a Special Review permit for a 4 water separation facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE4 of Section 32, T3N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Southwest of the intersection of Weld County Road 28 and Weld County Road 41. Shirley Camenisch moved Case Number USR-1021, Gerrity Oil and Gas Corporation, be continued indefinitely because the Weld County Health Department has determined that a Certificate of Designation will be required for the proposed facility. The applicant feels this is not necessary and has referred the situation to the Attorney General for their comment and review. The Attorney General has not offered comment on this case as of August 3, 1993. 930781 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Richard Kimmel that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1020 NAME: Western Sugar ADDRESS: P.O. Box 9, Greeley, Colorado 80632 REQUEST: A Site Specific Development Plan and a Special Review Permit to store sugarbeets in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 E2 of Section 18, T7N, R65W of the 6th PAM. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of the Town of Ault. be recommended favorably to the Board of County Commissioners 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 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 intent of the Weld County Comprehensive Plan Urban Growth Boundary Goals and Policies. The proposed land use is located in both the Town of Ault' s and the Town of Eaton' s Urban Growth Boundary and both towns indicated the proposal did not conflict with their interests. The proposed use is an agricultural service establishment and is provided for as a Use By Special Review in the A (Agricultural) Zone district. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan, the Town of Ault, and the Town of Eaton. No overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. a tF E 930'781 RESOLUTION, USR-1020 Western Sugar Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The applicant shall obtain a Recorded Exemption to create the parcel upon which the activity is proposed to take place. In lieu of the Recorded Exemption, the applicant may wish to reword the lease to state that they have the USE of the land, rather than the parcel of land itself. 4. The applicant shall obtain an Emissions Permit from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. If an Emissions Permit is determined to be not necessary by the Colorado Department of Health, then the applicant shall supply a letter indicating this. 5. The applicant shall obtain adequate toilet facilities for the site. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Richard Kimmel Tom Rulon Juliette Kroekel Shirley Camenisch Judy Yamaguchi The Chairperson 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. 930781 RESOLUTION, USR-1020 Western Sugar Page 3 CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for 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 August 3, 1993. Dated the 3r of Augu t, 1993.41161 )C haryn F. `uff Secretary 930781 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Western Sugar USR-1020 1. The Site Specific Development Plan and Special Review permit is for the storage of sugarbeets in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the employees. Portable toilets are prohibited. 9. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 10. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris, fugitive dust, or spoiled produce on or around the facility. 11. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 12. All construction activities that disturb more than five acres are required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 930781 DEVELOPMENT STANDARDS, USR-1020 Western Sugar Page 2 13. Trucks delivering sugar beets to the site shall not exceed the posted weight limit on the bridge to the north of the site on Weld County Road 39. 14. The approach through the radius at the site entrance and exit shall be paved. 15. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 18. 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 ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 19. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 20. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 930781 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Western Sugar Case Number: USR-1020 Submitted or Prepared Prior to Hearing At Hearing 1. Application 12 pages X 2. 1 Application plat and maps X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property and/or Mineral X Owner's Mailing List 6. 3 DPS Maps Prepared by Planning Technician X 7. DPS Notice of Hearing X 8. DPS Case File Summary Sheet X 9. DPS Field Check X 10. Certificate of Mailing X 11. Letter to surrounding property/mineral owners X 12. Affidavit of surface estate X 13. Surrounding property owners list generated by X applicant 14. Affidavit of Mineral estate X 15. Mineral owners list generated by applicant X 16. Public Notice published in paper X 17. Pre-advertisement X 18. Planning Commission Sign Posting Certificate X 19. Board of County Commissioners Sign Posting X Certificate 20. Planning Commission Field Check, dated July 7, X 1993. 21. Town of Ault referral response, dated July 9, X 1993. COI. h t t 930781 INVENTORY OF ITEMS, Western Sugar USA-1020 Page 2 Submitted or Prepared Prior to Hearing At Hearing 22. Town of Eaton referral response, dated July 1, X 1993. 23. Weld County Health Department referral response, X dated July 21, 1993. 24. Weld County Engineering Department, referral X response, dated July 12, 1993. 25. Weld County Engineering Department Amended X referral response, dated July 14, 1993. 26. 4 pages of bridge #Wel 039.0-080.5A information. X 27. Letter dated, July 20, 1993, from Marc Connelly X of Western Sugar. 28. Memo dated, July 20, 1993, from Greg Thompson X Current Planner to Don Carroll 29. Letter to applicant, dated June 29, 1993. X 30. Resolution for recommendation. X I hereby certify that the 30 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on August 9, 1993. ________ Current annE'r STATE OF COLORADO ) COUNTY OF WELD ) / `I,�Q�.� SUBSCRIBED AND SWORN TO BEFORE ME THIS 1day of (� � 1995 5 •... SEAL;' ' J #42-t.h- • f113 i " V O J o NOTAR PUBLIC - f C My Con6r 6 i on'Fix e s 930781 EXHIBIT INVENTORY CONTROL SHEET Case L1,SR 41. 1%LW—S QJt-6 Exhibit Submitted By Exhibit Description / yA. Marc &6 in //y i h4ck n Sj r iegza r/IeQGL 7/7 B. ezl i- riv /12.P aaQrd kes Q geed /Claps,- 7/7 c. e- ?Iv ,BDe_rd- ND 71/Cf Dl 1.4y . 1/4 D. 8/ E. RiOutin „ Co--nu►uha ) � ,C�t �9 340 F. 16I (ft7WYWIttiirfrc) 4i.A.IYUYLOA47(t isiLa G. H. I. J. K. L. M. N. D. P. Q. R. S. T. U. V. W. X. Y. Z. 930781 a Western Sugar August 9, 1993 The Western Sugar Company 1700 Broadway Mr. Greg Thompson Suite 1600 Department of Planning Services Denver, Colorado 80290 (303)Weld County Administrative Offices Telecopier: 39 (303) 830-3940 1400 North 17th Avenue Greeley, CO 80631 RE: Western Sugar Company Beet Storage Site Stormwater Permitting Requirements Case No. USR-1020 Dear Mr. Thompson: I spoke with you on August 6, 1993 regarding the recommendations from the Weld County Department of Planning Services staff relative to Western Sugar Company's plan to develop a new site to store sugar beets. In particular, we discussed the need for a stormwater discharge permit relative to construction activities that disturb more than 5 acres. The beet storage site will include about 10 acres. However, much less than one acre will actually be disturbed by construction activities. I discussed the planned construction activities and applicability of construction stormwater permitting on August 9 with Ms. Kathy Dolan of the Colorado Department of Health. She stated that the regulations do not apply since construction activities will disturb less than 5 acres, and that a Permit for Stormwater Discharges Associated with Construction Activity is not needed. Ms. Dolan said that she would not write a letter but that she would call you regarding this matter. Based upon discussion with Ms. Dolan,we will not pursue a Stormwater Permit. Please call us if you need further information or have any questions. Very truly yours, c\ Patricia R. Fuller-Pratt Manager of Environmental Affairs cc: Marc Connelly DEC I V E Kent Wimmer Ed Truett AUG 1 0 1993 [i F:\GOVT\PTO\WP51\DOGS\PFP\BEETSTRG.DOC Weld Crunty Planning 930781 INTERNAL CASE MEMORANDUM TO: Case File FROM: Greg Thompson, Current Planner NAME: Western Sugar LEGAL DESCRIPTION OF PROPERTY: Part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. DATE: August 10, 1993 CASE NUMBER: USR-1020 I spoke with Cathy Dolan, who is in charge of State Stormwater Discharge permits, and she indicated a permit will not be required at this time for the proposed buildings on the site. 930781 Atie! mEmoRAnDum WilkClerk to the Board August 16, 1993 To Date Greg Thompson, Current Planner 6-c COLORADO From Referral response for USR-1020 Subject: Enclosed, please find a referral response for case USR-1020. The Board of County Commissioners has already approved this case, but if you would include this with the case file I would appreciate it. Thanks! 930781 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N ORAAVENUEO631 COLORADO 80631 COLORADO June 29, 1993 CASE NUMBER: USR-1020 TO WHOM IT MAY CONCERN: Enclosed is an application from Western Sugar for a Site Specific Development Plan and a Special Review permit to-store sugar beets. The parcel of land is described as part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Ault. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 13, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. V We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. \ YJ� ri �� riG 2Pt tca S Signed: I ?i �` ��llL1.,Y?2�� Agency: �e Date: /.. ` AUG 1 2 1993 ill We! r^�LLnty Planning 930781 t410Fhtt. 41.71C DEPARTMENT OF PLANNING SERVICES ' PHONE(303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAAVENUEO631 GREELEY, COLORADO80631 COLQR4D93 Marc Connelly Western Sugar P.O. Box 9 Greeley, CO 80632 Subject: USR-1020 - Request for a Site Specific Development Plan and a Special Review permit to store sugar beets on a parcel of land described as part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Connelly: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with f the Weld County Planning Commission for August 3, 1993, at 1:30 p.m. This f meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ault and Eaton Planning Commission for their review and comments. Please call Patricia Lesh at 834-2844 (Ault) and Gary Carsten at 454-3338 (Eaton) for further details regarding the dates, times, and places of these meetings. It is recommended that you and/or a representative be in attendance at the Ault and Eaton Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to July 19, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than July 23, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 930781 Western Sugar USR-1020 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Greg Y'hompson Current Planner GT/b j s 930781 mEmoRAnDum WilkDon Carroll, Engineering July 20, 1993 To Date Greg Thompson, Current Planner /_� COLORADO From IIJJ USR-1020 Subject: Enclosed, please find a response from Mark Connelly with Western Sugar regarding your request for more specific information on the trucks delivering loads to the site. It sounds like the trucks coming from the north will be too heavy for the bridge. Would you like to specify a haul route, or require bridge improvements? Please advise as to what the Engineering Department feels is the best course of action. Enclosure 930781 Western Sugar The Western Sugar Company I'.U. Box I 81 1st.1venue Greek v. Colorado 80632 i 3(1.31 .352-2736 July 20, 1993 Greg Thompson Dept. of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Mr. Thompson: In regards to your questions regarding USR-1020, during harvest, traffic from the north will primarily be single—axle trucks with gross weights of 26,000 to 30,000 pounds. Traffic from the south will be primarily tandem—axle trucks with gross weights of 40,000 to 48,000 pounds. During campaign our rehaul trucks will be empty entering from the south, loaded and then leaving back to the south. These will be five—axle semi trucks with 85,000 pound GVWR. We do not have any plans to pave the approach to the pileground, but we are open to any suggestions that you may have. tc Ressply, ( ` 71'a�,� rc Marc Connelly, Ag ulturist Western Sugar Company D E C I V} EI" JUL 2 0 1993 Wald County Planning 930781 WELD COUNTY STRUCTURE NO. WEL039.0-080 .5A PREPARED BY AE CONSULTANTS, INC. , INSPECTED 03/15/91 Urgently Needed Repairs : 1 . Change load posting signs on both approaches to read 13T/20T/21T per new load rating . Programmed Repairs : 1 . Clean and paint 13 bottom flanges and 2 channel $ 1 , 000 . 00 crossties . TOTAL ESTIMATED COSTS OF PROGRAMMED REPAIRS $ 1 , 000 . 00 Additional Repairs to Improve Safety : 1 . Replace posts and rails on bridge to meet $ 5 , 100 . 00 AASHTO standards . 2 . Install approach rails to meet AASHTO standards . 13 , 800 . 00 ( Interrupted barrier design required) TOTAL ESTIMATED COST OF SAFETY REPAIRS . $ 18 , 900 . 00 TOTAL ESTIMATED COST OF BRIDGE REPAIRS $ 19 , 900 . 00 REPLACEMENT COSTS $ 120 ,000 . 00 * These items are estimated to be less than $ 500 . 00 . -- Repair costs do not include mobilization and are estimated 1990 costs . -- Noted repairs are to upgrade to original condition, maintain present condition and/or provide minimum safety features . These repairs may not be all inclusive . Approximate Sufficiency Rating : 46 . 1 (Deficient) 930781 STAFF BRIOGE OESIGN WORK SHEET (01200) 30 REY JULY, 1991 PARALLEL STRUCTURE NUMBER COUNTY RD. No. 3ab STRUCTURE TYPE SSA STRUCTURE NO.>V6co39k0-0$O•SA .3Oz BATCH I.O. I234-5S COLORADO LEGAL LOADS RATING SUMMARY (TONS) II HS 20 (36 TONS) INVENTORY I ,¢ HS 20(36 TONS) OPERATING (ci'el' ; TYPE 3 (27 TONS) OPERATING t 3 ' 3 TYPE 3S2(42.5 TONS)OPERATING 120 ' 3 TYPE 3-2(42.5 TONS)OPERATING • 2 I . 3 • _ _ ✓ TONS 8� I,` '20 TONS I •' 2 TONS1-017 TYPE 3 TYPE 392 TYPE 3-2 COMMENTS; C -POT- A-s sHo wN 12° A elAat to J� I( CLIP Sls,c 4Z.9 c--,I i o S -f(7-�J� pATEAi�. ershout OATS: / ,I A0 TRANSPORTATIr CIVIL & STRUCTURAL c ENGINEERING SULTANTS STRUCTURE - RATING WEL039.0-080.5A Structure Type : SSE Per Field Inspection only Project No. ? Built : 1954 WELD COUNTY Batch ID : 123459 GIRDERS 13 - S15x42.9 @ 22. 5" x 28"-0" c-c brg. Single Span flange 5. 5" . Area 12.61n2, I 447 .0in4, S 59. 6in3 DECK Halved C.M.P. between girders supporting earth fill. 11° Skew Gravel 0" Asphalt 12" present Width 22"-10- RAIL L3x3 beam on L3x3 post 3"-4" @ 7 "-6- DIAPHRAGM C8 x 2.25" @ 1/3 span / cos 11° say 0.022kips SUPERIMPOSED DEAD LOAD EARTH FILL ( 15"x22. 5" - n x 112 / 2) x 120pcf = 0. 116k/ft GRAVEL 0" x 120pcf x 22. 5" = 0 .000k/ft ASPHALT 12" x 144pcf x 22.5" = 0.270k/ft DECK C.M.P. lOplf = 0.010k/ft = 0. 396k/ft LIVE LOAD DISTRIBUTION Interior Girder controls = 1.0 SUBJECT WE'L 039.0 - 080.5 A BY � DATE6-Y' / I SHEET } ryOF CLIENT 'X/StAD Cot)kilt k CK 'V DATE G-27 9/ 930 `81 CITY/COUNTY WELD ROAD NUMBER 39 4,11 STRUCTURE � NUMBER 39-8oA a 79. *02f- _ • _Ro wer. - - - - - ww.: CIP CONCCT`{PO PL-_F.t•-S ,311O �P'?- L.E---1 cmH H TIMBER PLANK BALLAST WALL c-4 ABUT. OP CONC. ° il • , : ',9 - 9 v H2 cc;-9" :�L.w,. co PAN v, L_ONC,ITUIDIQA\L OE. O-T"10k.1 L,OOI'iI N.1G EA5T 7 _ 2.2.1 Id. -'. - r=. F",AVt_. 9 8 ASPHALT l\e7OV� 3 3 STL, L. ON �I� E� 3',3 L POSTS @ i 7-CD' O.C. p -�� r'`� Z" STL. PLATE x -Y-__. `�rm ',> FILL , II 13- 51542.9 cr-t� . 5%z LLL12" @ 22 V .I. O.C . _ Arzcl-I e,z- 1O o--c_ o =CrV, 2' i STLPIPE._NoT I CONECTED TO BR. GFE,Oc-Sn - E rnOr`1 L_Oor‘,ltie NORTH NOTE. I), 2, I/q" . 8 Cl WELDED To F3oTTOM FL.kNGE @ 1/3 POINTS 930781 tO:tt, viti4D DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N ORA O8NUE COLORADO 80631 COLORADO RECEiveD JUN 3 0 1993 June 29, 1993 CASE NUMBER: USR-1020 TO WHOM IT MAY CONCERN: Enclosed is an application from Western Sugar for a Site Specific Development Plan and a Special Review permit to-store sugar beets. The parcel of land is described as part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Ault. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 13, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: • 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. y- Please/� refer to the enclosed letter. � Signed: LO(M«/ q/ ei Agency: l x(Tv!/L(/J77 D *VT Date: 7.- / .-- ! 3 JUL1 3 1 ci fir:(1( mEmoRAnDum V i k Greg Thompson To Planning Date July 14, 1993 Ate: COLORADO From Don Carroll Subject: Western Sugar USR-1020 (Amended July 12, 1993) I have visited the site and have the following comments: 1. The structure located just north of the facility on WCR 39 is Weld County structure 39/80.SA. This structure was inspected on March 15, 1991. This is a posted bridge with posting of 13 tons single axle, 20 tons tandem axle, and 21 tons triple axle. The applicant should indicate the direction and the approximate weight of the trucks hauling to the facility either from the north or from the south. We are asking that no overweight vehicles hauling from the north on WCR 39 go across the posted bridge. They can find other routes around the bridge to the facility. 2. We would like to see a paved approach through the radius to accommodate the trucks pulling in and out of the facility. This would save breaking the edge of the asphalt or cracking it next to the pavement. cc: Commissioner Baxter File USR-1020 JUL 15 1993 \I mgreg5.pds Weld Cooty►haMn 930781 041)0 <<1 EFflORAflDU VIlkGreg Thompson T, Planning pdteJuly 12, 1993 COLORADO From Don Carroll. Subject: Western Sugar USR-1020 I have visited the site and have the following comments: 1. The structure located just north of the facility on WCR 39 is Weld County structure 39/80.5A. This structure was inspected on March 15, 1991. This is a posted bridge with posting of 13 tons single axle, 20 tons tandem axle, and 21 tons triple axle. The applicant should indicate the direction and the approximate weight of the trucks hauling to the facility either from the north or from the south. 2. We would like to see a paved approach through the radius to accommodate the trucks pulling in and out. This would save breaking the edge of the asphalt or cracking it next to the pavement. cc: Commissioner Baxter File USR-1020 o. C EtIQIE 'JUL 1 21993 +, mgreg3.pds + 930781 (fly'' mEmORAnDum Greg Thompson Wilk To Weld County Planning Dote July/2 ,d99. P COLORADO John S. Pickle, M.S.E.H. , Director, Environmental Health From SubjectCase Number: USR-1020 Name: Western Sugar Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 7. Adequate toilet facilities shall be provided for the emploees. Portable toilets are prohibited. 8. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 9. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris, fugitive dust, or spoiled produce on or around the facility. 10. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. irtgg.TACr 1993 wo€"r. nty Planning 930781 Western Sugar Case Number: USR-1020 July 21, 1993 Page 2 11. All construction activities that disturb more than five (5) acres are required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 12. Applicant must provide an adequate water supply for the employees. JSP/cs-1393 9-0'7fl1- ��7!,nr EPARTMENT OF PLANNING SERVICES rci,,,, ,,, ,..,,., J � t"1 PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES wilipe. I JUh 0 6 993 1400 N.17TH AVENUE __ I GREELEY, COLORADO 80631 COLORADO Piaanin9' June 29, 1993 CASE NUMBER: USR-1020 i TO WHOM IT MAY CONCERN: Enclosed is an application from Western Sugar for a Site Specific Development Plan and a Special Review permit to-store sugar beets. The parcel of land is described as part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Ault. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 13, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to prior to: se a he enclosed letter. igned: Agency: TOWN OW OF First Shout EATON P. O. Box 946 Date: /�// Eaton, Colorado 80615 930781 • (l DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO // dot o June 29, 1993 CASE NUMBER: USR-1020 Sip TO WHOM IT MAY CONCERN: Oq Enclosed is an application from Western Sugar for a Site Specific Development Plan and a Special Review permit to-store sugar beets. The parcel of land is described as part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Ault. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by July 13, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. p p Signed: lt4 1 Agency: I La.rvnn.eo� c^ 4 *-o"4 Date: / 9,2•1-i_ 11 '73 930781 FIELD CHECK I FILING NUMBER: USR-1020 DATE OF INSPECTION: \ ,i' 97 APPLICANT'S NAME: Western Sugar CURRENT PLANNER: Greg Thompson REQUEST: A Site Specific Development Plan and a Special Review permit to store sugar beets. LEGAL DESCRIPTION: Part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of Ault. LAND USE: N 2t1j f (%' //� S 9'4111/417 ZONING: N A (Agricultural) E A (Agricultural) 4 S A (Agricultural) i JUL 0 8 1993 Ili W A (Agricultural) "II Planning COMMENTS: / � J� �/��/�../.%/��n/Jr/�ra/'��.�J�J��GvaG��/lsy�4J� /�2 �//J�� /J?�{e��/i��f/,�/t1JYYif-76a./�• 4< T�i3OV r1�4�/ /,�1J/E�i�l//l �Ad 2 lJs a— 1,07,S /14470 A-€i e.04, rey)4 • /e.te,..to,..4erstn.44.7n7. ,n„03,./itz„ a./ . ..).4' Ail ,..4 441 ,,92./ e-,-1-Z,110e1/77- 4 er,"--- rat j / O1. le 6. is XV 3 gr act/1%cl det, fe, A Akt,hiti7: CI Ili al ..d//J? �G,E 6.77 /Fw� iW tec'l . -ea ea.ilun - 414/191- a�. ,rl`41 eu62 ./ ta -e /rn l tl!/ ,�� 4-111-n On 14.1± "0 it J�C `I. Y'u .tom 11"4.1Ire;4 %it7 REFERRAL LIST NAME: Western Sugar CASE NUMBER: USR-1020 REFERRALS SENT: June 29, 1993 REFERRALS TO BE RECEIVED BY: July 13, 1993 COUNTY TOWNS and CITIES _Attorney X Ault X Health Department _Brighton Extension Service _Broomfield _Emergency Management Office _Dacono Sheriff's Office X Eaton X Engineering _Erie Housing Authority _Evans Airport Authority Firestone _Building Inspection _Fort Lupton Frederick STATE _Garden City _Division of Water Resources _Gilcrest _Geological Survey _Greeley _Department of Health Grover Department of Transportation _Hudson -- --Historical Society _Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS _Lochbuie X Ault F-1 _Longmont _Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 New Raymer Eaton F-4 Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 _Pierce Hudson F-7 _Platteville _Johnstown F-8 _Severance La Salle F-9 _Thornton _Mountain View F-10 _Windsor Milliken F-1l Nunn F-12 COUNTIES _Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. Brighton _Panhandle Eastern Pipe Line Co. _Fort Collins _Tri-Area Planning Commission X Greeley X Eaton Ditch _Longmont c/o W. Wayne Miller West Adams P.O. Drawer AA Windsor, CO 80550 COMMISSION/BOARD MEMBER X Richard Kimmel 930781 FIELD CHECK FILING NUMBER: USR-1020 DATE OF INSPECTION: July 16, 1993 APPLICANT'S NAME: Western Sugar REQUEST: A Site Specific Development Plan and a Special Review permit to store sugar beets. LEGAL DESCRIPTION: Part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of the Town of Ault. LAND USE: N Irrigated crops, rural residence. E Rural residence, feedlot, irrigated crops. S Rural residences, irrigated crops. W Alfalfa field, Clark Lake, rural residence. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Alfalfa crops on site. Topography slopes slightly to the north. Weld County Road 80-1/2 on south side of proposed site. A ditch is located on the proposed north property line. Current Planner 930781 - TH E SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSID ERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # L'cp- 102O THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN CC /g �� p/9G/9 / dCL 5A hM / G / !(X/I f�/ SIGNATURE OF PPLIC �J1 STATE OF COLORADO ) ss. COUNTY OF WELD ) `` �� II SUBSCRIBED AND SWORN TO ME THIS oz23 DAY OF V�(,1� , 19 c(('i3 . SEAL B�J �� 4:1!, NOTARY PUBLIC MY COMMISSION EXPIRES ,'j - g-q{p LAST DAY TO POST SIGN IS: �J � 2 3 , 19 913. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. oE � WE ritt 2 3 1993 11 War we>'ib +M_ 930781 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # V S fZ - 1C' ;? () THE SIGN WAS POSTED BY: ilY/O4C../ Ch.4 NAME GOF PERSON POSTI SIGN ��XUJ AW , SLLCY�I L ✓rte /o?rirnQ� SIGNATURE OF APP ICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS c2.3 DAY OF 1 , 19 (73 . , SEAL NO�� P./2,44.5 LIC MY COMMISSION EXPIRES 3 --/ ; - (Ito LAST DAY TO POST SIGN IS: `SOly 2 37 , 19_13. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. ECgIVE JUL 2 3 1993 11 C) 930781 a.Maaa-gf Plana MAIM AinDAVIT OF PUBLICATION The Weld County 1Planning public hGotr STATE OF COLORADO ain ilig Tuesday; August 9, ss 1003,at 190 pm for the COUNTY OF WELD purpose of considering a Site Specific Sp I, KEG HANSEN, of said County of Weld, being duly end e Spatial,Rfiet view permit sworn,say that I am publisher of for the Property. described below. WINDSOR BEACON Approval of the request may create a vested paperty right pursuant to a weekly newspaper having a general circulation in said Colorado La County and State, published in the town of WINDSOR, APPLICANT: Western in said County and State; and that the notice, of which Sumo the annexed is a true copy, has been published in said LEGAL DESCRIPTION: weekly for / _successive weeks, that the notice Part of the E2 E2 of was published in the regular and entire issue of every Section 18,T7N,ROW number of the paper during the period and time of of the 6t1h P.M.. Weld publication, and in the newspaper proper and not in a County.Coloreds. supplement, and that the first publication of said notice writ NIOeastern was in said paper bearing the date of the OF Iq 0P0MM0 Stootsbehat /S ay of ?�`'`'� , A.D., 19f....? and L O C A T I ,N : the last publication beairing the date of the AppraMaly 1.5 miles day of A.D., 19_ and esurtel AIM that the said WINDSOR BEACON has been published SIablbo acres;more or continuously and uninterruptedly for the period of 5 less consecutive weeks, in said County and State,prior to the The nubile hearing will be date of first publication of said notice, and the same is a held in the Weld County newspaper within'the meaning of an Act to regulate Commissioners'Hearing printing of legal notices an advertisements, approved County F4u Floor, May 18, 1931, and all prior cts ar as in force. Cen , CentennialStreet Center,915Tenth coon �� / Greeley, Colorado. // Comments ore bove ,,J related to the above `�\`I ' P LISHER request should be submitted in writing a the n Weld County Department tt Sub d and sworn to before me this 2-a day of Planning Services, of 19'�3 1400 N. 17th Avenue, Greeley, Colorado • 80631,before the above hAR . date or t at gu PUBLIC the PAM haring oe August NOT PUB� � 3tggs. z / 996 My commission expires Copies of the application / are available for public inspection In the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 00631-.Phone -353-3845, Extension 3540. Judy Yamaguchi, o sr • Chtdrperson County Weld o Planning • ,1 /� Con nisebn AUK road le the 3 1773 ins Whits lessen on f'1/n/.s a+ w+Rwa ''174YP/ebalgg 930781 (it Lee DEPARTMENT OF PLANNING SERVICES mule PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. ORA O8NUE COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, August 3, 1993, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Western Sugar LEGAL DESCRIPTION: Part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Store sugar beets. LOCATION: Approximately 1.5 miles east of Ault. SIZE: 10 acres, more or less The public hearing will be held 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, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 3, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windso Beacon To be published (1) ti Ju y 15, 1993 Received by: Date: 930781 1�'`J : �. ( �- • • , t. mu" .,, I 211 zi ay • 0 ,. ii• , I'• Basin Ps Eanr•On , „as OW. mill _ i ! I Correction - ine R. - .- 32 Second �__ _ _ ___ _ _ _ __________I - - - - - - - - Bx - a. ilig lik� 1 •! I I1Ii . II \ fill 1 t !1 II 12 1i1 ' 1 I !! 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"'N': Neu + •k �bpi r • J ',.Jy4 USE BY SPECIAL REVIEW AFFIDAVIT OF INTEREST OWNERS MINERAL AND/OR SUBSURFACE ESTATE Application No. Subject Property: Township 7 North. Range 65 West, 6th P.M., Weld County, Colorado Section 18: A tract of land in the EVZE'/x of said Section 18, being a part of Lot A of Recorded Exemption No. 0709-18-4-RE141, according to the plat recorded June 14, 1974 in Book 717 under Reception No. 1638646 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land as their names appear in the records of the Weld County Clerk and Recorder based on the tract index of Transamerica Title Insurance Company of Greeley current through May 25, 1993 at 7:45 a.m. tia A. . Z ren C rtifiedProfessional Landman#4044 Subscribed and sworn to before me this 29th day of June, 1993. My commission expires: (,. Not ublic 930781 NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Mineral Owners: Lois Loree Steele 1308 Stover Fort Collins, CO 80524 Cora Jane Marcellus (deceased) c/o Lois Loree Steele 1308 Stover Fort Collins, CO 80524 Roland L. Mapelli and Neoma Mapelli, JT (Life Estate) 1357 43rd. Avenue #5 Greeley, CO 80634 MIKA AG. CORP., a Colorado corporation 1099 18th Street, Suite 400 Denver, CO 80202 Oil & Gas Leasehold Owners: C.W.I. Oil and Gas, Inc. P.O. Box 156 Brighton, CO 80601 930781 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property A portion of the NE 1/4 of Sec. 18, T. 7 N. , R. 65 W. , of the 6th P.M. 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 ParcelPIdentification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration 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 days of the application's submission date. int„ 41...n./.-16 The foregoin instrument was subscribed sc and sworn to before me this ,_,_' day (MC--- , 19413 by 1 Y V J Cj. Wn f P. L WITNESS my hand and official seal. MY Commission expXrios: v'•. d0 Si. i .Y r _1 • . O t• d 1 ary Publi :leMy Commission Exppr�s'1W1lCal lig93 • 930781 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET • Please print or type y NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # MIKA Ag. Corp. 1099 18 St #400 Denver, CO 80202 0709-18-0-00-033 .FWS Denver, Inc. 55 Charlou Cr Englewood, CO 80111 0709-18-0-00-022 Myers Lawrence:A. & Margaret C. 2104 Glenfair Dr Greeley, CO 80631 0709-17-0-00-045 Rathbun Harvey L. & Eldon-L. PO Box 117 Lucerne CO 80646 0709-17-0-00-044 Booth Land & Livestock PO Box 72 Lucerne, CO 80646 0709-17-0-00-025 Booth I.R. & Son Inc. Box 386 Ault, CO 8,0610 0709-17-0-00-023 • • . v 330781 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Western Sugar USR-1020 Mika Ag. Corp. 1099 18th Street #400 Denver, CO 80202 FWS Denver, Inc. 55 Charlou Cr. Englewood, CO 80111 Lawrence A. and Margaret C. Myers 2104 Glenfair Drive Greeley, CO 80631 Harvey L. and Eldon L. Rathbun P.O. Box 117 Lucerne, CO 80646 Booth Land and Livestock P.O. Box 72 Lucerne, CO 80646 Booth I.R. and Son Inc. Box 386 Ault, CO 80610 Lois Loree Steele 1308 Stover Fort Collins, CO 80524 Roland L. Mapelli and Neoma Mapelli, JT 1357 43rd Avenue #5 Greeley, CO 80634 C.W.I. Oil and Gas, Inc. P.O. Box 156 Brighton, CO 80601 930781 • (it p DEPARTMENT OF PLANNING SERVICES I PHONE(303)353-3845, EXT. 3540 WI D WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO DATE: June 29, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1020 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 3, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Western Sugar FOR: A Site Specific Development Plan and a Special Review permit to store sugar beets. LEGAL DESCRIPTION: Part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of Ault. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 930781 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1020 for Western Sugar in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 30th day of June, 1993. 41(3 930781 DATE: July 27, 1993 CASE NUMBER: USR-1020 NAME: Western Sugar ADDRESS: P.O. Box 9, Greeley, Colorado 80632 REQUEST: A Site Specific Development Plan and a Special Review Permit to store sugarbeets in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of the Town of Ault. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 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 intent of the Weld County Comprehensive Plan Urban Growth Boundary Goals and Policies. The proposed land use is located in both the Town of Ault' s and the Town of Eaton's Urban Growth Boundary and both towns indicated the proposal did not conflict with their interests. The proposed use is an agricultural service establishment and is provided for as a Use By Special Review in the A (Agricultural) Zone district. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan, the Town of Ault, and the Town of Eaton. No overlay districts affect the site. Special Review Permit 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 materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 930781 RECOMMENDATION, USR-1020 Western Sugar Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The applicant shall obtain a Recorded Exemption to create the parcel upon which the activity is proposed to take place. In lieu of the Recorded Exemption, the applicant may wish to reword the lease to state that they have the USE of the land, rather than the parcel of land itself. 4. The applicant shall obtain an adequate water supply for the site. 5. The applicant shall obtain an Emissions Permit from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. If an Emissions Permit is determined to be not necessary by the Colorado Department of Health, then the applicant shall supply a letter indicating this. 6. The applicant shall obtain adequate toilet facilities for the site. 930781 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Western Sugar USR-1020 1. The Site Specific Development Plan and Special Review permit is for the storage of sugarbeets in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. Fugitive dust shall be controlled on this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Adequate toilet facilities shall be provided for the employees. Portable toilets are prohibited. 9. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 10. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris, fugitive dust, or spoiled produce on or around the facility. 11. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 12. All construction activities that disturb more than five acres are required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 13. An adequate water supply shall be obtained for the site. 910'781 DEVELOPMENT STANDARDS, USR-1020 Western Sugar Page 2 14. Trucks delivering sugar beets to the site shall not exceed the posted weight limit on the bridge to the north of the site on Weld County Road 39. 15. The approach through the radius at the site entrance and exit shall be paved. 16. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. 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 ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 930781 LAND-USE APPLICATION SUMMARY SHEET Date: August 3, 1993 CASE NUMBER: USR-1020 NAME: Western Sugar ADDRESS: P.O. Box 9 Greeley, CO 80632 REQUEST: A Site Specific Development Plan and a Special Review permit for storing sugarbeets in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the E2 E2 of Section 18, T7N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of the Town of Ault. SIZE OF PARCEL: 10 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from: 1. Weld County Department of Health 2. Weld County Engineering Department 3. Town of Ault 4. Town of Eaton The Department of Planning Services' staff has not received responses from the following agencies: 1. Ault Fire Protection District F-1 2. Eaton Ditch 3. Greeley Soil Conservation District The Department of Planning Services' staff has not received any objections from surrounding property owners as of July 26, 1993. 930781 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 `pExt. 4400 5e Case Number J - 10 z, Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number �0 hL COMPLETED FY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning the proposed Major Facilities of a Public Utility Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:E1/2 of E1/2 S. 18, T.7N. , R.65W. Section T N, R W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) PRESENT ZONE Agriculture OVERLAY ZONES TOTAL ACREAGE 10 acres + or - PROPOSED LAND USE Storage of Sugarbeets EXISTING LAND USE Agricultural production SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED Eat ME Ea DI SPECIAL REVIEW PERMIT: Name:MIKA Ag. Address: 1099 18th St. Suite 400 CityDenver, CO Zip802U2 Home Telephone # Business Telephone #303-295-0220 Name: Address: City Zip Home Telephone # Business Telephone 1/ APPLICANT OR AUTHORIZED AGENT jjf different than above) : Name: 5J4 Address: P, /, y City ,(.e Zip S7V63 - Home Telephone # Business Tel hone # j r Z ' Z 754 :al rights on or under subject / Western Sugar Jity Zip Marc Connelly t he Western Sugar Company \ ;:ii ullw0 P.O Box 9 iity Zip Hume. j 3031 350-9764 1302 Avenue Mribilr'_ 1303; 395-7437 Greeley.Colorado 80632 .lties of perjury that all statements, (303 3\2-2756 contained within the application are Ie,opie r. ,3031 356-9653 pp :dge. COUNTY OF WELD ) STATE OF COLORADO( ) ,n Signature: 0 met o Authorized Ag nt r, Subscribed and sworn to before me this L t day of �4tiv�� 1943 • • NOT Y PU LI My commission expires 3 -$ -qh 930781 Weld County Department of Planning Services 1400 N 17 Av Greeley, CO 80634 Gentlemen: The Western Sugar Company, P.O. Box 9, Greeley, Colorado 80631, 352-2756 and MIKA Ag. Corp. 1099 18 St #400, Denver, CO 80202, 295-0220 wish a special use review of that property described in attachments. The following statements outline the use of the described parcel as per section 24.7 of the Weld County Zoning Ordinance: 1.) The land parcel will be used to receive, pile and store sugarbeets purchased from beet growers in the area. 2.) The pile ground is needed to receive the crop from the area's sugarbeet producers in an efficient manner and to pile the beets into large enough piles so as to avoid high rates of beet shrink and quality deterioration. 3.) Surrounding properties are agricultural; crop production, cattle feeding. and water storage. 4.) The distance to residential structures: East— across WCR 39; South— across WCR 80; West— 1/2 mile; North— 1/4 mile. 5.) Twenty—five sugarbeet growers have beet contracts that specify beet delivery to this site. 6.) A maximum of five employees will work at the site to receive the crop. Normal hours of operation are 6:30 a.m. until 6:30 p.m. Beet harvest is scheduled from Sept. 15 until harvest completion. Most of the beet crop will be received by Nov. 1. Sugarbeets in storage will remain until needed for processing at the factory in Greeley. Beets are to be trucked from the piling site as needed on a 24 hour basis. Campaign is planned for completion by Feb. 7. 7.) Water for employee use will be brought to the site in containers. 8.) The access route for the site will be on WCR 39 in such a place as to prevent trucks from sitting on the road. 9.) A maximum of 350 loads per day will be dumped at the site in trucks ranging from two axles (single axles) to five axles (semi tractor—trailers). GVWR will be up to 8500O pounds. 10.) Portable sanitary facilities that will be screened from view from the road will be brought to the site when people are working there. These will be cleaned regularly to ensure that there will be no human waste deposited on site, and eliminate the need for an underground human waste storage facility. 11.) The site will be covered by the Ault Fire Protection District and there will also be fire extinguishers on site. 12.) No animals are to be on the site. 13.) No waste other than trash barrels in the scalehouse will be on the site. 14.) The pile site will riot affect the natural storm water drainage. 930781 15.) Trash will be removed from site as needed by Western Sugar. 16.) No landscaping other than for the scale will be needed. There is and will continue to be a cover crop of' alfalfa to minimize any soil erosion. 17.) If the pileground is abandoned, the land will revert back to farmland. 18.) The timetable for beginning construction is very critical. Prior to this date, no satisfactory receiving station site could be located. Western Sugar wishes to begin construction of the scale facility as soon as a use approval is obtained. Beet receiving is scheduled to begin Sept. 15, 1993. Western sugar, user of the land, and MIKA Ag. Corp.. owner of the land submit the following statements and documents. 1.) The proposed beet piling site will provide beet growers in this part of the county an opportunity to economically market their crop. 2.) This piling site is agriculturally related. 3.) Upon removal of equipment, the land will revert back to crop production. 4.) Dust will be controlled by Envirotech dust control and planted ground cover (alfalfa). 5.) Surrounding area is exclusively agriculturally related. 6.) Area is now zoned agricultural. There are no plans for change. 7.) Special review area is not located in a flood plain, geological hazard area, or in the Weld County airport overlay district. 8.) See item 7 page 1 (no other water will be required). 9.) A copy of the lease agreement between Western Sugar and MIKA Ag. Corp. is attached. 10.) No abnormal or excessive amount of noise will be created. 11.) The soil type is classified as a Thedalund Loam, 1 to 3 percent slope by the Soil Conservation Service. This is a moderately deep, well drained soil on plains at elevations of 4900 to 5250 feet. It formed in residuum from shale. Included in mapping are small areas of soils that have shale and sandstone deeper than 40 inches. Typically the surface layer is brown loam about 8 inches thick. The underlying material is pale brown and very pale brown loam. Shale is at a depth of about 28 inches. Permeability and available water capacity are moderate. The effective rooting depth is 20 to 40 inches. Surface runoff is medium, and the erosion hazard is low. This soil is suited to limited cropping. A suitable cropping system is 3 to 4 years of alfalfa followed by 2 years of corn and small grain and alfalfa seeded with a nurse crop. Incorporating plant residue and manure improves tilth and provides organic matter and plant nutrients. Most irrigation methods are suitable, but the length of runs should be short to prevent overirrigation. Light, frequent irrigations are best. Sprinkler irrigation is desirable. 930781 Commercial fertilizers increase yields and add to the value of the forage produced. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 25 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum tillage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Potential production ranges from 1600 pounds per acre in favorable years to 1000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buffalograss, snakeweed, yucca, and fringed sage increase; and forage production drops. Undesirable weeds and annuals invade the site as range condition becomes poorer. Management of' vegetation on this soil should be based on taking half and leaving half of the total annual production. Seeding is desirable if the range is in poor condition. Sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally not suited to this soil. Onsite investigation is needed to determine if plantings are feasible. Rangeland wildlife, such as antelope, cottontail, and coyote, are best suited to this soil. Because forage production is typically low, grazing management is needed if livestock and wildlife share the range. Livestock watering facilities also are utilized by various wildlife species. The cropland areas provide favorable habitat for pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. The underlying shale is the most limiting feature of this soil. Neither septic tank absorption fields nor sewage lagoons function properly. In places the underlying shale has high shrink—swell potential. Environmental and beautification plantings of trees and shrubs can be difficult to establish. Capability subclass IVs irrigated; IVe nonirrigated; Loamy Plains range site. 12.) See attached. 13.) There were no mineral owners shown in the Weld County Assesor's Office. 300781 a I . I ( ! N J • t d ' to •B 1250 REC 02199052 12/01/89 15e36 020,00 1/004 �yi` •. !ss +M. F 0784 MARY ANN PEUERSTEIN CLIME & RECORDER WELD CO, CO U •;`A j:a AR2199052 State Datumenta Fee " Date..lra2R1.:sV •.', WARRANT'!-125212 s.116.. @ ' THIS WARRANTY DEED, made this tat day of December, 1989, between ROLAND L. MAPELLI, also knOWn. as ROLAND MAPELLI, Grantor, and MINA AG. CORP., a Colorado corpora- 4 tion, whose legal address is 1099 - 18th Street, Suite 400, Denver, Colorado 80202, Grantee: WITNESSETH, That the Grantor for and in consideration of the sum of One Million One Hundred Sixty Thousand and no/lo0ths ($1,160,000.00) Dollars and other good and • valuable consideration, the receipt and sufficiency of ?� • which is hereby acknowledged, has granted, bargained, sold ' , • and conveyed, and by these presents does grant, bargain, { , sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with• improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described on Exhibit A attached hereto, consisting of one (1) page, incorporated herein by this reference and made a part hereof (the "Property"); • TOGETHER with the water and water rights (the "Water Rights") described in Exhibit B attached hereto, consisting of one (1) page, incorporated herein by this reference and made a part hereof; ',..,. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertain- ' ' ing, and the reversion and reversions, remainder and • remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the • Property and Water Rights, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property and Water Rights, ai - - with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for himself and his - • heirs, and personal representatives, does covenant, grant, e . . bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the: ensealing and delivery of these presents, he is well. seized of the Prop erty and Water Rights above conveyed, has good, sure, perfect, abso- • lute and indefeasible estate of inheritance, in law, in • fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in ' i manner and form as aforesaid, and that the same are free • and clear from all former and other grants, bargains, .'c.` • sales, liens, taxes, assessments, encumbrances and restric- le tions of whatever kind or nature soever, except (i) taxes " and assessments for 1989 and all subsequent years; (ii) oil % and gas leases and assignments thereof of record; (iii) •') '�' restrictions and reservations now of record; (iv) six month-to-month residential leases; (v) easements and rights ' I'' of way now of record or established on the premises; (vi) ! any matters shown on the survey of the Property (Intermill t ,' I. Land Surveying, Inc. Project No. P••89-1507), including shortages in area and encroachments; and (vii) other • matters of record. ei + • The Grantor shall and will WARRANT AND FOREVER DEFEND .I' the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person r persons lawfully claiming the whole or any part 9 thereof. The Grantor shall and will WARRART AND FOREVER DEFEND the Water Rights in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and t.:.:1,1,(1•1;;:.\:':,,.' { 930781 • V b 4250 EEC 021990'52 :12/01/09 15:36' - 020..00 2/004 OS F 0785 MARY ANN FERSTAIN.Cl4 R&.B :RECORDERt WELD CO, Co ., every person or persons lawfully,claiming the whole or any part thereof by, through or under the Grantor. IN WITNESS WHEREOF, the. Grantor has executed this warranty deed on the date set forth, above. 0,16 Rol�andL. Mapel , a/k/a Roland, Mapelli • STATE OF COLORADO ) l'I , ) ss. •. COUNTYCOUNTY OF WELD ) The.,foregoing instrument was acknowledged before me this ..121__ day of December,;1989, by:Roland L. Mapelli, a/k/a Roland }repent. • Witness my hand and official seal. My commission expires: /l0�92 • •• NOtarr li0 R1kl!)as•,of Notary: • +•� �n+yy �,,,,1 1•* :4 T. el/ .11=/aGv ab//OtA!/0 COz02 A , • Vk3l� • • • • • • .r., . •• • • • • • f'fr 2 +,,., e.' t'. • • _ : 930781 8 1250 BEC 02199052 12/01/89. 15136 020.00 3/004 F 0786 MARY ANN FEOERBTSIN .CL6REiRECORDI�R WELD Ctl, CO.,, '. '•' _ _ EXHIBIT A TO l'.7 WARRANTY'DEED PROM ROLAND L. MAPELLI, a/k/a ROLAND MAPELLI TO •s.'', MIKA AG. ODRP. • ;; The following four parcels, all located in Weld County, ; Colorado: 3' PARCEL 1: F < k Lot A of Recorded Exemption No. 0709-18-4-RE-141, being a 1 portion of Section 18, Township 7 North, Range 65. West of q,,J u the 6th P.M.., recorded June 14, 1974, in Book 717 as 1.,-;, Reception No. 1638646. PARCEL 2: The Ely of Section 19, and that part:of the NE% of the NW% t'15 of Section 19, Township 7 North,.Range 65 West of the 6th P.M., more particularly described'as follows: COMMENCING at the Northeast corner'of said land; • thence running S89.32'W (Variation 14.301E) 522 feet; a -' thence 851.42'E 60 feet; ' ..0 I ''' thence 837'00'E 70 feet; 9 thence 825'32'E 390 feet; I ' e 'y ' thence.833.49'E 357 feet: � -' thencecS37.34'E 146 feet to the Bast line of said land: a k thence.N1.30'W852 feet along the East line of said land to the PLACE OF BEGINNING. L ',. '': .',4 . ,,''Si ,. PARCEL 3: ,,,• : The W; of Section 20, Township 7 North, Range 65 West of " jr •S' j the 6th P.M. •:;') , ii PARCEL 4: �' That part of the N1 of the NW% of Section 29, Township 7 North, Range 65 West of the 6th P.M., which lies West of ? , w the For Far Lateral. : - , . , , 1 + • •a' ,w ± ` .ln 1 II•i •41 1. ,I . h•....7.-4=1 ,,,.;P14`4,?µ ..r ,k e • 4,1 C4tl! °t }r 1'', 1 i, ', J'•�1 IiIPrl�A t d •.' .1 r. eJl 4 -5 A 1't 93078. . .. • 'I" ns,.. 8 12s0 REc 021990aT 12/01/89 15,36 ':.f 5,' F 0787 MARY ANN BEOERSTEIN CLER & J20.00 4/004 • I. ... DER WELD CO, CO • `'f ;!:,/j • EXHIBIT D TO I t • WARRANTY DEED ? "r. FROM v". ROLAND L. MAPELLI, a/k/a ROLAND MAPELLI TO 33 MIKA AG. CORP. . 1,, "n All water, water rights, wells, well rights, ditches, ditch rights, reservoirs and reservoir rights, appurtenant to or customarily used with or upon the lands described in I Exhibit A hereto, both tributary and;nos-tributary, a including but not united to the following: 1 pitch Sha*B,g. 'a ? Water Riaht No. Shared ,; i Larimer & Weld Reservoir Company • 20 Larimer & Weld Irrigation.Company 14 f + li Windsor Reservoir & Canal Company 2 r . �'� Colorado Big Thompson Project 300 ,• ,. ";'t�' •••!,,;',":"'•••‘."•.1,4-, 1 For Far Lateral 14 y'. J West For Far Lateral 6 :fil Decreed Riq Water Richt permit No. ire No. am= priority ;i Marelli Lake No. 1 — 79CW160 529 aE 1979 (Clark lake) • Map'lli Lake No. 2 -- 79CW161 98 at 1979 j Harry Clark Well No. 1 1634-R CA 11217 1.93 cts 1929 b a : Harry Clark Well No. 2 1635-R CA 11217 1.77 cfs 1937 :i,. I j; Harry Clark Well No. 3 1636-R CA 11217 mote 1939 R x ,1•3'.',,,-•,'",., • Other Rini:az yt.�. '. 4 North Weld County Water District Water Taps t ni. 4� }r ��r`� �yEfir'. t (ar,i '� ,'t + .� 1 71,74,', s: ),, pis 1;, 1 'v. { . rtu / e 4 k 1. } 9 73 078 ......:}47.;.::".,';.•'.., t!; '2L LEASE AGREEMENT Th This agreement made this day of la&1983 between MIKA AG CORP, a Colorado Corporation, (Lessor), and THE WESTERN SUGAR COMPANY, a Delaware Corporation, (Lessee), WITNESSETH: That in consideration of the covenants and agreements hereinafter set forth to be kept and performed, Lessor has leased to Lessee, for a term and subject to the conditions set forth, the following described parcel of land: A parcel of land consisting of 10 acres, more or less located in the Northeast Quarter (NE 1/4) of Section 18, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado,which tract is further identified on the Exhibit"A"attached hereto and made a part hereof by reference. In consideration of the leasing of said parcel of land, it is covenanted and agreed as follows between the parties: 1. The rent shall be $ 400.00 per acre per year which shall be paid by Lessee to Lessor, or his order, on or before the first day of May and every May 1 as long as this lease remains in effect. 2. Lessee will not use or permit said premises to be used for any purposes prohibited by the laws and regulations of the United States, the State of Colorado, and the County of Weld. Lessee shall use the premises only for a beet storage area and for no other purpose. 3. T Pccee will make no claim against the Lessor for or on account of any personal injury sustained or any loss of damage to property howsoever caused which may arise out of the use or occupancy by the Lessee of said premises, except as the same may be caused by the negligence of Lessor. Lessee also agrees to save and hold Lessor harmless from every claim and demand,including court costs and attorneys fees, made upon or against Lessor on account of the use and occupancy of the leased premises by J Pccee, its agents, representatives and employees and customers. 4. The term of this lease shall be from May 1, 1993 to and including May 1, 1998. Lessee or Lessor shall have the right to terminate said Lease at any time by giving Lessor or Lessee written notice of such intention twelve (12) months in advance by mailing such notion by firs-class mail to the address stated in Paragraph 11 below. 5. Any property or improvement placed on the said parcel of leased premises by the Lessee is and shall remain the property of Lessee and shall be removed from the leased premises on or before May 1, 1998. Upon the failure of Lessee to so remove such property, all such property remaining on said leased parcel on May 2, 1998, shall remain on the leased parcel and shall become the sole property of Lessor,or Lessor, at its election,may require I Pccee to remove any or all of such improvements. 6. Lessee shall have the right to make necessary improvements,such as leveling,grading,and drainage, provided such activities are approved by Lessor in advance of the work. 7. Upon termination of this lease, Lessee shall restore the leased premises to their condition on the date hereof, including but not limited to all dikes and ditches, which restoration shall be subject to the approval of Lessor. In case of any dispute as to the adequacy of this restoration, an impartial arbitrator may be selected by the parties to settle the dispute. 930781 8. During the term of this lease, Lessor shall have the right to use Lessee's scale located on the leased premises. Upon termination of this lease, Lessor shall have the right of first refusal to purchase said scale should Lessor desire to sell same. 9. During the term hereof, Lessee agrees to provide, at Lessee's sole cost and expense, proper, suitable and adequate maintenance, customary for the area, of existing fencing and cable across the access to the premises for the protection of the leased premises. 10. The Lessee or Lessor shall not assign this lease nor any right or interest therein to any other party without the prior written consent of the other party to this Lease Agreement. 11. Any notice to Lessor shall be made by mailing, by certified mail, to Lessor at 1099 18th Street, Suite 400, Denver, Colorado 80202, or to such other address as is furnished to Lessee by Lessor; and any notice to Lessee shall be made by mailing, by certified mail, to Lessee's main office, 1700 Broadway, Suite 1600, Denver, Colorado 80290. 12. This lease agreement shall be fully binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors, and assigns. 13. Lessee shall furnish Lessor with certification of insurance and name the Lessor as an insured party showing at all times general liability coverage of at least $1,000,000 and property damage of at least $50,000. IN WITNESS WHEREOF, the parties have signed this Lease Agreement as of the date first above written. LESSOR: MIKA A ORP. Acknowledg�e..,d before me this .0.2 S By: ant vt4 day of , 19y'3 President Notary Public • My Commission expires: 0)//757 LESSEE: THE WESTERJQ SUGAR COMPANY Acknowledged before me this c day By: )CJwuuJ` a-J offj1C- , 19E • Title V.P. Finance & Treasurer E1�r1��t�zu/C Notary lic (/ My Commission expires: Alc y 0l7 V /7 / REF 0776D J n^rel4 LEASE AGREEMENT This agreement made this<,-/F- of DE._ 191 between MIKA AG CORP, a Colorado Corporation, (Lessor), and THE WESTERN SUGAR COMPANY, a Delaware Corporation, (Lessee), WITNESSETH: That in consideration of the covenants and agreements hereinafter set forth to be kept and performed, Lessor has leased to Lessee, for a term and subject to the conditions set forth, the following described parcel of land: A parcel of land consisting of 10 acres, more or less located in the Northeast Quarter (NE 1/4) of Section 18, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado,which tract is further identified on the Exhibit"A"attached hereto and made a part hereof by reference. In consideration of the leasing of said parcel of land, it is covenanted and agreed as follows between the parties: 1. The rent shall be $ 400.00 per acre per year which shall be paid by Lessee to Lessor, or his order, on or before the first day of May and every May 1 as long as this lease remains in effect. 2. Lessee will not use or permit said premises to be used for any purposes prohibited by the laws and regulations of the United States, the State of Colorado, and the County of Weld. IPccee shall use the premises only for a beet storage area and for no other purpose. 3. Lessee will make no claim against the Lessor for or on account of any personal injury sustained or any loss of damage to property howsoever caused which may arise out of the use or occupancy by the Lessee of said premises, except as the same may be caused by the negligence of Lessor. Lessee also agrees to save and hold Lessor harmless from every claim and demand,including court costs and attorneys fees, made upon or against Lessor on account of the use and occupancy of the leased premises by Lessee, its agents, representatives and employees and customers. 4. The term of this lease shall be from May 1, 1993 to and including May 1, 1998. Lessee or I Pssor shall have the right to terminate said Lease at any time by giving Lessor or Lessee written notice of such intention twelve (12) months in advance by mailing such notion by firs-class mail to the address stated in Paragraph 11 below. 5. Any property or improvement placed on the said parcel of leased premises by the Lessee is and shall remain the property of I Pcsee and shall be removed from the leased premises on or before May 1, 1998. Upon the failure of Lessee to so remove such property, all such property remaining on said leased parcel on May 2, 1998, shall remain on the leased parcel and shall become the sole property of Lessor,or Lessor, at its election,may require Lessee to remove any or all of such improvements. 6. I Pcsee shall have the right to make necessary improvements,such as leveling, grading, and drainage, provided such activities are approved by Lessor in advance of the work. 7. Upon termination of this lease, Lessee shall restore the leased premises to their condition on the date hereof, including but not limited to all dikes and ditches, which restoration shall be subject to the approval of Lessor. In case of any dispute as to the adequacy of this restoration, an impartial arbitrator may be selected by the parties to settle the dispute. 930781 8. During the term of this lease, Lessor shall have the right to use Lessee's scale located on the leased premises. Upon termination of this lease, Lessor shall have the right of first refusal to purchase said scale should Lessor desire to sell same. 9. During the term hereof, Lessee agrees to provide, at Lessee's sole cost and expense, proper, suitable and adequate maintenance, customary for the area, of existing fencing and cable across the access to the premises for the protection of the leased premises. 10. The Lessee or Lessor shall not assign this lease nor any right or interest therein to any other party without the prior written consent of the other party to this Lease Agreement. 11. Any notice to Lessor shall be made by mailing, by certified mail, to I ecsor at 1099 18th Street, Suite 400, Denver, Colorado 80202, or to such other address as is furnished to Lessee by Lessor; and any notice to Lessee shall be made by mailing, by certified mail, to Lessee's main office, 1700 Broadway, Suite 1600, Denver, Colorado 80290. 12. This lease agreement shall be fully binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors, and assigns. 13. Lessee shall furnish Lessor with certification of insurance and name the Lessor as an insured party showing at all times general liability coverage of at least $1,000,000 and property damage of at least $50,000. IN WITNESS WHEREOF, the parties have signed this Lease Agreement as of the date first above written. LESSOR:• MIKA C� AS�C\ORP. Acknowledgge -02 S d before me this ''tV��W�/ \�V/`" day of , 199-3 President Notary Public My Commission expires: fr/i'O-V LESSEE: THE WES ER≥T SUGAR COMPANY Acknowledged before me this day d y By: ` aQ/ttA_Qta-• of� 2i , 19. Title V.P. Finance & Treasurer Notary lic // G/ My Commission expires: a 7 / 7CO REF 0776D 930781 Hello