HomeMy WebLinkAbout940124.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT
FOR AN ONION STORAGE WAREHOUSE IN THE A (AGRICULTURAL) ZONE DISTRICT -
RALPH NIX PRODUCE
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 9th
day of February, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for
the purpose of hearing the application of Ralph Nix Produce, 19480 U.S. Highway
85, Gilcrest, Colorado 80623, for a Site Specific Development Plan and Amended
Special Review Permit for an onion storage warehouse in the A (Agricultural) Zone
District on the following described real estate, to-wit:
The SE* SE& of Section 14, Township 4
North, Range 66 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, said applicant was represented by Jerry Nix, 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 use is located within the Urban Growth Boundary of the
Towns of Gilcrest and LaSalle. The location of the use and
the attached Conditions and Development Standards make the
proposed use consistent with the goals of the Urban Growth
Boundary.
b. The Use by Special Review is consistent with the intent of the
A (Agricultural) Zone District. The warehouse for storage and
processing of onions is allowed as a Use by Special Review in
the A (Agricultural) Zone District.
c. The use is compatible with existing surrounding land uses.
The Towns of Gilcrest and LaSalle reviewed this application
and found no conflicts with their Comprehensive Plans.
PL O03 2- �,� ; L ' NL; NI X 940124
AMENDED SPECIAL REVIEW PERMIT - RALPH NIX PRODUCE
PAGE 2
-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 of Ralph Nix Produce for a Site Specific
-Development Plan and Amended Special Review Permit for an onion storage warehouse
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 Amended 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. Prior to recording the plat, all utility and drainage easements
shall be delineated on the plat with special attention given to
Western Mutual Ditch. In absence of an agreement with Western
Mutual Ditch, the setback shall be shown as 40 feet on the plat.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 9th day of February, A.D. , 1994.
-BOARD OF COUNTY COMMISSIONERS
ATTEST: Ajeffia WELD COUNTY, 9OLORAD
Weld County Clerk to the Board ,//, � P� � O /�
. H. Webster, C air n 'I
BY: , // / /l /�„ .
Deputy Clerk o the Boa Dale . Hall, Pro- em
APPROVED AS TO FORM: <<
eorge A Baxter
County Attorney Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940124
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RALPH NIX PRODUCE
AMENDED CSR #726-2
1. The Site Specific Development Plan and Amended Special Review Permit is
for an -onion storage warehouse in the A (Agricultural) Zone District as
submitted in the application materi-als on file 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 surf-ace and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste-materials shall be handled, stored, -and disposed of in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit
of 6D dB(a) as measured according to 25-12-102, Colorado Revised Statutes.
8. Adequate toilet facilities shall be provided for the public.
9. The existing septic system is require-d to be reviewed by a Colorado
Registered Professional Engineer and a copy of that -review submitted to
the Weld County Health Department, before the required S.S.D.S. evaluation
can be performed.
10. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
11. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 oT the Weld County Zoning Ordinance.
12. The-property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
13. -Personnel from the Weld County Health Department and Meld 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 Regulati-ons.
940124
DEVELOPMENT STANDARDS - RALPH NIX PRODUCE
PAGE 2
14. The Special Review area shall be limited to the plans shown herein and
governe-d by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development Standards at
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.
15. 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.
940124
HEARING CERTIFICATION
DOCKET NO. 94-15
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR
AN ONION STORAGE WAREHOUSE IN THE A (AGRICULTURAL) ZONE DISTRICT -
RALPH NIX PRODUCE
A public hearing was conducted on February 9, 1994, at 10:00 A.M. , with
the following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert - ABSENT
Commissioner Barbara J. Kirkmeyer
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 January 3, 1994, and duly
published January 27, 1994, in the Windsor Beacon, a -public hearing was
conducted to consider the request of Ralph Nix Produce for a Site Specific
Development Plan and Amended Special Review Permit for an onion storage
warehouse 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. Mr. Thompson suggested
changing Development Standard #16 to Condition of Approval #3, since it is
a requirement to be met prior to recording the plat. (Let the record
reflect Commissioner Harbert is now present. ) Jerry Nix represented the
applicant and stated they would like to move their office, presently in
Gilcrest, to the Peckham warehouse. Concerning Development Standard #16,
Mr. Nix indicated he has spoken with three different people on the Board
of Directors for the Western Mutual Ditch, and nobody knew what the
setbacks are for the utility and drainage easements. Mr. Thompson stated
he is not sure what the setbacks are either and explained a representative
for the ditch company had spoken with Monica Daniels-Mika, Planning
Department, and indicated a concern regarding access; therefore, the
suggested language seemed most appropriate. Mr. Nix explained an
additional building, which will not be built for several years, was
included on the plat to avoid another amendment to the Permit and that is
the building concerning the ditch company. In response to a question from
Commissioner Baxter, Mr. Nix indicated the building could be relocated on
the plat; however, the existing building must to be ready for the 1994
onion crop. He also stated the road used by the ditch rider is on the
opposite side of the ditch. Commissioner Harbert suggested the ditch
company sign the plat. Mr. Morrison explained even if the ditch company
signed the plat, it could still exercise its powers of condemnation to
relocate the ditch; however, the signature could be used as an additional
tool for the Nixes. Mr. Morrison -suggested the -Board make a Finding of a
reasonable width and establish a reasonable setback from the centerline of
the ditch for easement. Commissioner Hall suggested adding a default
condition if an agreement is not reached between the applicant and the
ditch company. Mr. Nix explained his home and an additional structure are
existing, with the proposed building to be 30 to 40 feet from the
centerline of the ditch, which is farther away from the ditch than the
existing structures. He stated the building may never be built and
reiterated it was placed on the plat to avoid another -amendment. Mr. Nix
also reiterated the ditch road is on the opposite side of the concrete
ditch. Commissioner Baxter stated he agreed with Commissioner Hall's
940124
RE: HEARING CERTIFICATION - RALPH NIX PRODUCE
PAGE 2
suggestion, and Commissioner Hall questioned whether 40 feet would be
agreeable to the applicant. Mr. Nix concurred with Commissioner Hall's
suggestion and indicated 40 feet would be agreeable. Mr. Thompson
confirmed the 40-foot setback would not interfere with the right-of-way on
Weld County Road 35. No public testimony was offered concerning this
matter. After further discussion, Commissioner Harbert moved to approve
the request of Ralph Nix Produce for a Site Specific Development Plan and
Amended Special Review Permit for an onion storage warehouse 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 and changing Development
Standard #16 to Condition of Approval #3, with the abovementioned
additional default clause concerning the 40-foot setback from the center
of the ditch. Mr. Morrison suggested leaving the first sentence in
Condition of Approval #3 as written and adding the following language:
"In absence of an agreement with Western Mutual Ditch, the setback shall
be shown as 40 feet on the plat." The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
This Certification was approved on the 14th day of February, 1994.
/ LiteZ
APPROVED:
ATTEST: ' BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
Weld County Clerk to the Board 1' I
By: / �'�1�1yy� W. H. Webster, hairman
Deputy Cler o the Boa�3 �
Dale . Hall, rol em
TAPE #94-08
f -71
Georg. Baxter
DOCKET #94-15
Constance L. Harbert
PL0032
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
940124
NOTICE
The Board of County Commissioners of Weld County, Colorado, on February 9, 1994,
conditionally approved a Site Specific Development Plan and Amended 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: Ralph Nix Produce
19480 U.S. Highway 85
Gilcrest, Colorado 80623
LEGAL DESCRIPTION: The SE! SE; of Section 14, Township 4 North,
Range 66 West of the 6th P.M. , Weld County,
Colorado
TYPE AND INTENSITY
OF APPROVED USE: -An onion storage warehouse in the A (Agricultural) Zone
District
SIZE OF PARCEL: 7.60 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 TO THE BOARD
BY: e k /BO/LtB✓
Deputy C erk to thehe, „ Board
PUBLISHED: February 17, 1994, in the Windsor Beacon
940124
•
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
as
COUNTY OF WELD
I, ROGER A. LIPKER, of said County of Weld, being-duly
sworn,say that I am publisher of
WINDSOR BEACON
I1g714'i
The Board of county a weekly newspaper having a general circulation in said
Commissioners of wale — County and State, published in the town of WINDSOR, in
County, Colorado, on um CF PARCEL,zoo said County-and State; and that the notice, of which the
February 9, 1990;
February
9, 199 a a°ea ran a�a annexed is a-true copy, has been published in said weekly
Site Spaetfic Failure r abide the for j successive weeks, that the notice was
Amen Development Plan andby
Amended Special wins
asinine of published in the regular and entire issue of every number of
Review Permit for the , at will rest Ina thepaper during the
property and purpose lerNhure of me vsahid period and time of publication, and in
described below. Paparlydof the newspaper proper and not in a supplement, and that
the first publication of said notice was in said paper bearing
Conditional approval of BOARD OF COUNTY
this plan creates a COMMISSIONERS, th date Ofth
vested property right WELD COUNTY,
vest pursuant to a IS of CQORADO / day of A.D., 19 9/ and the
Title nded24,f Ca.s., as last publication bearing the a of the
ended. Parbdof BY: DONALD D. day of A.D., 19 and that
WARDEN,CLERK TO the said WINDSOR BEACON has been published
APPLICANT: Ralph Mx THE BOARD
Produce, RaU.S. - continuously and uninterruptedly for the period of 5
HIohway e5,19480 U.at, BY: CRSHELLY K.Deputy Clerk consecutive weeks, in said County and State, prior to the
Cooado 80823 - 'n"l�w Board date of first publication of said notice, and the same is a
LEGAL DESCRI►TKlit punned in the newspaper within the meaning of an Act to regulate printing
TSection hSE14 TSoE�lE1/{` « Beaeen en of legal notices and advertisements, approved May 18,
North,Range es MNar pektrr't n.i99a 1931, and all prior acts so far as in force.
ot the�eMaMdO Work AND INTETY /�
OF APP OVED
An onion store.TYPE j ISHER
wwehous. In the A
(Agricultural)tt Zone Scri d and sworn to before this, of
00NNtekk 19
Ail 4-1;_04_,.,,
NO��'TTTARY PUBLIC
My commission expires 2 L / i 9 6)
940124
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF FEBRUARY 1994:
DOCKET II 94-15 - AMENDED SPECIAL REVIEW PERMIT, RALPH NIX PRODUCE
DOCKET // 94-20 - SPECIAL REVIEW PERMIT, GLEN AND ALICE WOMACK C/0 THOMAS HELLE-RICH
DOCKET I/
DOCKET /!
PLEASE write or print your name legibly, your address and the DOCKET II (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTEN ING
--r
hick `�`� 5 /2;/ciis (O gayis
dLip
/ 3b/;:bul, 2.O L..P,-o,) Co, '1 y - ezo
•
940124
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning
Ordinance, a public hearing will be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th
Street, First Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested in the Site Specific Development Plan and Amended Special
Review Permit are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped record
which will be kept during the hearing, the Clerk to the Board's Office shall be
advised in writing of such action at least five days prior to the hearing. The
cost of engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning
Commission may be examined in the office of the Clerk to the Board of County
Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado.
DOCKET NO: 94-15 APPLICANT
Ralph Nix Produce
19480 U.S. Highway 85
Gilcrest, Colorado 80623
DATE: February 9, 1994
TIME: 10:00 a.m.
REQUEST: A Site Specific Development Plan and Amended Special Review Permit
for an onion storage warehouse in the A (Agricultural) Zone District
LEGAL DESCRIPTION: The SEq SEt of Section 14, Township 4 North, Range 66
West of the 6th P.M. , Weld County, Colorado
LOCATION: Approximately 1.5 miles northeast of Gilcrest; approximately 3 miles
southwest of LaSalle; north of and adjacent to Weld County Road 44
and east of Highway 85
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Linda M. Dodge
Deputy Clerk to the Board
DATED: January 3, 1994
PUBLISHED: January 27, 1994, in the Windsor Beacon
Fk 940124
AA.kit 1�
YE R ALSO'KNOWN
*0 M Stand maps
sosatllbd`itythe Weld
Dewy ;Planning
Olt, -Union mayte AFFIDAVIT OF PUBLICATION
ducithrallin the office
MIDI
et 11hi,Mark to the STATE OF COLORADO
Bead. :of County
puaIS theamine Cs to ralasioners, 53
Past
laws bt the-State of tepatM;ln the Weld COUNTY OF WELD
condo and.the weld Cooney Centennial
County zoning Center, 915 loth I, ROGER A. LIPKER,-of said Lbun _of Wald, being Ordinance,a public Street, Third Floor, ty duly
hewing wu be held in Greeley.Calmatswom,say that I am publisher-of
the Chambers of the DOCKET NO:
Board N. xounty WINDSOR BEACON
Commissioners of Weld APPLICANT:Rabb Colorado, Produce, 19804135. a weekly newspaper-havinga general circulation in said
Weld -county Highway ed,Mcrae,
ugh ghee. hoot.es County and State, published in the town of WINDSOR, in
7c*°meet fed Colorado 80.23 said County and State;-and that-the notice,rof which the
Greeley,-Colorado,at
the Hme-speollled. -All
persons h arty manner DATE: February �, annexed is a true-copy, hasteen published in said weekly
199 / successive weeks, that the notice was
interested M thot.ite �loot a.m. published in the regularand-entire issue ofevery number-of
Plan S f nd vs4 M the paper during theTteriod and time-of publication,and in
REQUEST: the newspaper proper and-tot in-a-supplement, and that
SpscW lieWers Nadi A Sic
are requested to+rerd Specific the firstpublicationafsaid notice was in said papertearing
lan end
and my behestPaiwindird sped l the date of the
SMdldJhe appal a Review Permit far an 704- y of A.D., 19 9`V and the
any Interested Purl IS" storage last publication aring the date of the
dseb theproseN warehouse In the-A __da rof
a court reporter a (*.doubting) Zone Y A.D., 19 and that
makes..reeoM w the the said WINDSOR BEACON has been published
aesrec Medilsa - continuously and_uninterruptedly for the period of 5
to the taped reseed PGTwt�TML consecutive weeks, in said County and State,prior to the
which will hi item SE 1' SE 1/4 date of first publication-of said notice,and the same is a
during the hearkp,Jko
Clerk to the Neal% Section 14,Tara d newspaper within the meaning-of an Act to regulate printing
Medina
Office shall he addled MNotrth,NR M Weld.004 of legal notices and advertisements, approved May 1-8,
et�Weave n may. 1931,///and
Jall prior-acts-so//_' far as irtforce.
to the hears TAM ///il iY,
cost-0f engaging 3 L O C-AT-1D N ,
court by tit fahas M Approximately 13 (, ,�
bony by the regttsetinp miles northeast -01 0
"
Merest;apprwknatsly ISHER
3 miles southwest°.
• - - LaSalle;north Nand Su scribed and sworn to before me this Zre" day of
setae le aYald
1erelly Reed 44 WI
Wedend
>
-y 19_9 y,
ERS, NOTARY PUBLIC
NTY,
My-commission expires �c L ) 2 , / 7-1.6
ST' NALD D. C O
WARDEN, WELD
COUNTY CLERK TO
THE BOARD
BY:Linda M. Dodge,
Deputy Clerk to the
Board
Published hr the
WiedOr Saeson n
,lararryiy,lout.
940124
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-15, was placed in the United Mates mail, postage
prepaid, addressed to the following property owners.
DAT-ED this on/ �+ day of gantickifilAY , 1993.
Depu y Clerk o the Board
Jerry W. and Kim L. Nix
16885 WCR 44
Gilcrest, CO 80623
Ida Dinner
1814 14th Ave.
Greeley, CO -80631
Clarence A. and Violet J. Carlson
16894 WCR 44
LaSalle, CO 80645
Bret and Cheryl Clausen
16794 WCR 44
LaSalle, CO 80645
Ralph Nix -Produce
19480 US Hwy 85
Gilcrest, CO 80623
Martin J. Freedman
904 Midland Savings Bldg.
Denver, -CO 80202
940124
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94fl24
MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING
December 21, 1993
Page 3
APPLICANT: Waste Services Corporation
REQUEST: Closure/Post-Closure Plan.
LEGAL DESCRIPTION: Part of the SE4 of Section 31 and part xf the S2 of
Section 32, T5N, -R66W and part of the N2 of Section 5,
T4N, -R66W of the -66th P.M. , -Weld County, Colorado.
LOCATION: Approximately 1.5 miles northeast of the Town of Milliken
Gloria Dunn explained the Applicant has requested the Closure/Post-Closure Plan
be continued until January 4, 1994, at 1:30-p.m. , to allow time for the State and
County -Health Departments to complete their reviews of the P1-an. The plan must
be approved by these referral agencies prior to consideration by the Planning
Commission and Board of County Commissioners.
Shirley Camenisch moved the Closure/Post—Closure Plan for Waste Services
Corporation be continued until January 4, 1993. Marie Koolstra seconded the
motion.
The Chairman asked the secretary to poll the members of the _Planning Commission
for their decision. Bill O'Hare - yes; Shirley Camenisch - ye-s; Ron Sommer -
yes; Marie Koolstra - yes; Richard Kimmel - yes. Motion carried unanimously.
Bud Clemons arrived at 1:55 prm.
CASE NUMBER: Amended USR-716-2
APPLICANT: Ralph Nix Produce, Inc.
REQUEST: A Site Specific Development _Plan and an Amended Special Review
permit for anonion storage warehouse in the A (Agricultural) zone
district.
LEGAL DESCRIPTION: Tart of the SE4 of Section 14, T4N, -R66W of the -6th
P.M. , Weld County, Colorado.
LOCATION: Approximately 1.5 miles northeast of the Town of Gilcrest;
approximately 3 miles southwest of the Town of LaSalle, north of and
adjacent to Weld _County Road 44 and east of Highway 85.
Jerry Nix, applicant, -explained they moved the -onion storage warehouse from
Gilcrest to Peckham. They will ensure the proposed addition stays outside of any
easements located on the property. Monica Daniels-Mika suggested the addition
of Development Standard Number 16, to s-ead:
16. Prior to recording the -plat, all utility and drainage easements shall be
delineated on the plat with special attention given to -Western Mutual
Ditch.
940124
eix bc-t- c
MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING
December 21, 1993
Page 4
Bud Clemons moved to forward Amended USR-726-2, Ralph Nix Produce, Inc. , to the
Board of County Commissioners with the Planning Commission's recommendation for
approval. Shirley Camenisch seconded the motion.
The Chairman asked the secretary to poll the -members of the Planning Commission
for their decision. Bill D'-Hare - yes; Shirley Camenisch - yes; Ron Sommer -
yea; Bud Clemons - yes; -Marie Koolstra - yes; Richard Kimmel - yes. Motion
carri-ed unanimously.
Marie Koolstra left the meeting pri-or to the-presentation-of the following cases.
CASE NUMBER: S-347
APPLICANT: Ivar and _Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) Zone
district (Mt. View "Estates #1) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W -of the 6-th P.M. ,
Weld -County, Colorado.
LOCATION: Approximately 1/4-mile west of the intersection of Weld County Road
5 and State Highway 60.
Monica Daniels-Mika explained there was a need for continuance until January 4,
1993, based upon the need to obtain -an additional access permit onto State
Highway 60.
Bill O'Hare moved Case Number S-347, Ivar and Donna Larson, fie continued until
January 4, 1993, based upon the need to obtain an additional access permit onto
State Highway 60. Ron Sommer seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission
for their decision. Bill O'Hare yes; Shirley Camenisch - yes; Ron Sommer -
yes; Bud Clemons - yes; Richard Kimmel - yes. Moti-on carried unanimously.
CASE NUMBER: S-348
APPLICANT: Ivar and Donna Larson
REQUEST: Final Plat for a Minor Subdivision in the A (Agricultural) zone
district (Mt. View Estates #2) .
LEGAL DESCRIPTION: Part of the NE4 of Section 5, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/4 mile west of the intersection of Meld County Road
5 and State Highway 60.
Monica Daniels-Mika explained there was a need for _continuance until January 4,
1993, based upon the need to obtain an additional access permit onto State
Highway 60.
940124
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Clemons that the following resolution with the addition of
Development Standard Number 16, he introduced for passage by the Weld County
P1-anning Commission. Be it resolved by the Weld County Planning Commission that
the application for:
CASE NUMBER: Amended USR-726-2
NAME: Ralph Nix Produce
-ADDRESS: 19480 U.S. Highway 85, Gilcrest, CO 80623 ,,
-REQUEST: A Site Specific Development Plan and an Amended Special Review permit '
for an onion storage warehouse in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The SE4 SE4 of Section 14, T4N, R66W of the 6th P.M. , ,jJeld
_ ,
County, Colorado.
LOCATION: Approximately 1.5 miles northeast of Gilcrest; approximately 3 miles
southwest of-LaSalle; north of and adjacent to Weld County Road 44 and
east of Highway 85.
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 Department of Planning Services' staff that the
applicant has shown compliance with Section 24.3 of the Weld County Zoning
Ordinance as follows:
The use is located within the ITrban Growth Boundary of the Towns of
£ilcrest and LaSalle. The location of the use and the attached
conditions and development standards make the proposed use consistent
with the goals of the Urban Growth Boundary.
She Use by Special Review is consistent with the intent of the A
(Agricultural) zone district. The warehouse for storage and
processing of onions is allowed as a Use by Special Review in the -A
(Agricultural) zone district.
The use is compatible with existing surrounding land uses. The Towns
of Gilcrest and LaSalle reviewed this application and found no
conflicts with their Comprehensive Plans.
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.
%fa� ! 940124
-RESOLUTION, Amended USR-726-2
-Ralph Nix Produce
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.
Motion seconded by Shirley Camenisch.
VOTE:
For Passage Against Passage
-Bill O'Hare
Shirley Camenisch
Bud Clemons
Ron Sommer
Richard Kimmel
Marie Koolstra
The Chairman declared the resolution passed and ordered that a certified copy be
forwarde-d with the file of this case to the Board o₹ County Commissioners for
further proceedings.
CERTIFICATION DF 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
December 21, 1993.
Dated -the 21st o e r, 1993.
°Pe
aryn F. R ff
Secretary
940124
SITE SPECIFIC DEVELOPMENT _PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ralph Nix _Produce
Amended USR-726-2
1. The Site Specific Development Plan and an Amended Special Review permit is
for an onion storage warehouse 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 treate 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. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, blowing debris, and other potential -nuisance
conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit
of 60 dB(a) as measured according to 25-12-102, Colorado Revised Statutes.
8. Adequate toilet facilities shall 'be provided for the public.
9. The existing septic system is required to be reviewed by a Colorado
Registered Professional -Engineer and a copy of that review submitted to
this Division, before the required I.S.D.S. Evaluation can be performed.
10. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
11. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
12. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
13. 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.
940124
DEVELOPMENT STANDARDS, Amended USR-726-2
Ralph Nix Produce
Page 2
14. 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.
15. 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.
16. Prior to recording the plat, all utility and drainage easements shall be
delineated on the plat with special attention given to Western Mutual
Ditch.
940124
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Ralph Nix Produce Case Number: AM USR-726-2
Submitted or Prepared
Prior
to Hearing At Hearing
1. Application 20 pages X
2. 1 Application plat 1 page X
3. DPS referral summary sheet and letter X
4. DPS letter to applicant X
5. DPS Recommendation X
6. DPS Surrounding Property Owner/Mineral Owner
Mailing list, letter and certificate. X
7. 3 DPS Maps Prepared by Planning Technician X
8. DPS Notice of Hearing X
9. DPS Case File Summary Sheet X
10. DPS Field Check X
11. Board of County Commissioners Sign Posting
Certificate X
12. Referral from Town of LaSalle December 15,
1993 X
13. Referral from the Weld County Health Department
December 1, 1993 X
14. Referral from the Weld County Extension Services
November 22, 1993 X
15. Referral from the LaSalle Fire Protection District
November 30, 1993 X
16. Referral from the Weld County Engineering
Department, Don Carroll November 22, 1993 X
I hereby certify that the 16 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 December 27, 1993.
Curren Planner (,\v\
STATE OF COLORADO )
COUNTY OF WELD � '�,,`� ��
SUBSCRIBED AND SWORN TO BEFORE ME THIS o�r7 day of /Qde� z/ 19 9?.
SEAL
TARP PUBLIC
My Commission Expires ///,2/9
6th i i i ,n 940124
EXHIBIT INVENTORY CONTROL SHEET
Ca s e4/T O1/45/ - 7,1 to 01 /C4A.-110X. &t cc,"Exhibit Submitted By ! Exhibit Description
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940124
USE BY SPECIAL REVIEW APPLICATION Outuusldliuno p p,e
lin
Department of Planning Services, 1400 N. 17th Avenue, Cr- ,,ggpp l
Phone - 353-3845 L Ext. 3540 �` n Case Number Date Received fiijij O
Application Checked fly Mylar Plat Submitted
Application Fee Receipt Number •
Recording TFee Receipt Number
----------------
T0 BE COMPLETED BY APPLICANT: (please-print or -type, except for necessary signature)
I (we) , the undersigned, hereby request a hearing before the -Weld County Planning
Commission and Weld County Board of County Commissioners concerning the proposed Use
by Special Review permit on the following described unincorporated area of Weld
County, Colorado:
LEGAL DESCRIPTION OF SPEC1AL REVIEW PERMIT ICREA:�E 1/4 SE 1/'i Section 14
T 4 N, R 6E. W Df The 6-PM.
LEGAL DESCRIPTION of contiguous property owned which Special 'Review Permit is
proposed: Section 7' N, R W
Property Address (if -available) 16959 i_l4 Lasa l 1 e _
PRESENT ZONE Agriculture OVERLAY ZONES Actricuj.ture
TOTAL ACREAGE 7- 60 Rius or Minus
PROPOSED LAND USE -Agricultur l Processing
EXISTING LAND USE
Agri-cultural Processing
SURFACE FEE (-PROPERTY OWNERS) OE AREA iROPOSED FOR THE USE BY SPECIAL REVIEW P RMIT:
Name: _
Address: 1 A4gn ZLS RWy F15 Ci-ty: Gi i r-rest . CD . Zip: _
Home Telephone: 7R 80623
1
p 4-fif�61 _ Business Telephone: 737-�4h1
Name:
Address: City: Zip:
Home Telephone: Business Telephone:
APPLICANT OR AUTHORIZED AGENT (if different than _above :
Name:
Address: — City: _ Zip:
Home Telephone: _ Busi.uesr T'elei bone:
List the owner(s) and/or lessees of mineral rights oh or under the subject properties
of record.
Name: Taolli s g, td ln6-r 141m ha n
chid W1fQ
Address: , City: _Greeley. co- Zip: R0632
Name: Martin J, Freedman
Address: 904 Midland Savings t�l-dg City: nc.nl r, Co_ Zip:
I hereby depose and state under the penalties of perjury that -an statements,
proposals and/or -plans submitted with or contained within the application .:ire true
and correct to the best -of my knowledge.
COUNTY OF Weld ) .
STATE OF COLORADO )
ature: 1J, or Authorized Ag'ant
Subscribed and sworn to before. a day ofWite_41/1 (41-4._) 1-9 D.
XL:A - 2 .
NOTARY PUBLIC
My commission -expiresf.':('Y'.:.7,33;GJ' ",.r_,�":r31, 1994 •
9W124
CENTRAL WELD COUNTY WATER DISTRICT
November 10, 1993
Ralph Nix Produce, Inc.
P. 0. Box 301
Gilcrest, CO 80623
RE: Water Service
Dear Mr.Nix:
This letter is in response to your request for the availability of additional water service for the
following described property:
Pt-SEA/4 SE '.4 Section 14, Township-4 North,Range 66 West of the 6th P.M.,
Weld County, Colorado lying S of-the SR.0.W. line of Western Mutual Ditch.
Water service is presently available to the above described property by lapnumber 1234 located
at Weld County Road 35 between 44 &-46. Additional water service can be made available
to this property provided all-requirements ofthe District are satisfied.
Central Weld County Water District requires that contractsbeconsummated within one (1) year
from the date of this letter or this letter shall become nulland void unless extended in writing
by the District.
Sincerely,
CENTRAL WELD COUNTY WATE-RDIST-RICT
n W. Zadel
General Manage
JWZ/ca
91O124
2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager
Application For UseBy Special Review Procedural Guide
1 . Explain proposed use:
For the storage and processing of omions , grown around the Gilcrest
and Peckham area.
2 . Explain need for use :
Ralph Nix Produce, Inc. , Cilcrest, CO. has been in business for 24
years , and our business is expanding. We built the Peckham warehouse
in 1986 and are wanting to expand, as our business is growing.
3. Explain the type of existing use on surrounding properties :
On allsides of the proposed use is farming, other than the residence
of Jerry & Kim Nix, which is on the west cornor of the proposed.
4. The distance at the proposed use to residential structures in each
direction.
The distance from residential is designated in the plot plan.
5. The maxium number of user's , patron' s , members, and buyers :
The number of user's will vary for each month. For the months of
August-November there will be trucks to take the onions out of th-e
county and sold in stores across the 7nited States . There will be
a minimum amount amount of buyers at the vicinity.
6 . The number of employees , number of shifts and hours of operation.
We will have approximately forty employees working two 8 hour shifts
per day. The number of employees and the hours worked and the
number of shifts will vary with the quality and quanity of onions , time
of year, and movement of onions .
7. The type of water source for the proposed use:
The water for the proposed use is Central Weld County Water District.
The water line runs on Road 44 in front of the proposed use and on
Road 35 as per Central Weld County Water District .
8. Explain the access routes to be utilized.
We will need two access routes . One on Road 44 and one on Road 35.
9. Explain type, size, weight and frequency of vehicular traffic associated
with the proposed use:
There will be approximately twenty passenger cars for the employees
for the harvest season and approximately eight 80, 000 lb. 18 wheel
Semi-Trailers per day in the harvest sea-son.
10. The type of sewer Facilities for the proposed use :
We will use a septic tank and leech field for the sewer as described
by code .
11 . A description of the proposed Fire Protection measures associated with
the proposed use:
We will have fire extinguishers at the vicinity, also we will be in
the LaSalle fire Protection District .
940124
Page 2
12. The type and maxium number of animals to be concentrated on the use
by special review area at any one time.
There will be no (o ) animals on the proposed use.
13. The type of any waste, stockpile or storage area associated with the
proposed waste.
The waste material will be hauled in farm trucks and the storage
will be approximately 50, 000 cwt . of onions in the designated storage
facility and approximately 10, 000 50,r bags in the sorting room as
in Plat .Flat Plan.
14. Type of storm water retention facilities associated with the proposed
use :
All water on the plot runs to the north where there is a lagoon for
the retention of storm water.
15. The time schedule and method of removal and disposal of debris, junk,
and other waste associated with thr proposed use:
The trash, cull onions and waste of the onions will be removed from
the area twice daily and will be disposed of by burying and feeding
to sheep. The paper waste will be disposed of in a dumpster supplied
by B&c Refuse and will be dumped once weekly.
16 .Explain proposed landscaping plans and erosion control measures associated
with proposed use:
The lot of the proposed is covered entirely with gravel and is bladed
weekly. We take great pride in our Peckham Wharehouse lot.
17. Reclamation procedures to be employed upon cessation of the use by
Special Review activity.
We will not be reclamining this property for reclamation purposes .
18. A time table showing the periods of time required for construction
and start-up of the proposed use:
Construction will begin as soon as weather will permit. Start-up
will begin in August as soon as our harvest commences .
940124
Application For Tse By Special Review Procedural Guide - Part 3
1 . A statement explaining how the proposal is consistent with the Weld
County Comprehensive Plan:
The proposal will have agriculture backgraound because of the Nature
of the use. We will harvest the onions from our fields and be taken
to the proposal.
2. A statement explaining how the proposal is consistent with the entent
of the district in which the use is located:
There is farming in every direction of the proposed use, except for
the residence of Jerry & Kim Nix, which is west of the existing Warehouse.
3. If applicable, a statement explaining what efforts have been made in
the location decision for the proposed use, to conserve productive
agricultural land in the agricultrual zone district:
The land under consideration for special review is a corner lot of
a farm, divided by the Western Ditch. It was hard to farm because
the rows were short. Being in agriculture ourselves , we feel that
the land under review, will better serve the agricultural basis of
the community.
4. A statement explaining there is adequate provision for the protection
of the health, safety and welfare of the inhavitants of the county.
We will dispose of our waste safely. We will strive to keep it
clean throughout as possible. We will take heed in entering and
exiting and will have road signs, such as stop signs where needed.
5. A statement explaining the uses permitted will be compatible with the
existing surrounding land uses of all properties adjacent to the property:
This is an agricultural related business and since it is a farming
territory we feel it is compatable.
6. A Statement explaining the proposed use will be compatible with the
future development of the surrounding area as permitted by the existing
zone and with future development as projected by the comprehensive plan
of the county or the adopted master plans of affected municipalities:
The land in question is three miles from LaSalle and three miles
from Gilcrest. I have no knowledge of the development of the towns
in that direstion and agriculture development is in all directions of
the proposed use.
7. A statement explaining the proposed use by special review area is not
located in a flood plain, geologic hazard and 'Meld County Airport over—
lay district area; or that the application complies with section (50)
overlay district regulations as outlined in the Weld County Zoning
Ordinance.
The area is not subject to a flood plain, geological hazard or within
Weld County Airport Overlay District .
9'40i24
4 ; AR2054547 B 1113 NEC 02054547 05/22/86 16:16 $12.00 1/004
F 1771 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
`Li' State Documentary Fes.
Date 2411../41,242(6_
/q�/..
WARRANTY DEED $ -"2' if— --
KNOW ALL MEN BY THESE PRESENTS, That Ida Dinner, Rae Barnett
Weiland, Sidney E. Dinner, Albert J. Dinner and Melvin Dinner, for the
consideration of Tan Dollars and other valuable considerations in hand
r ₹.
paid, hereby sell and convey to Ralph Nix Produce, Inc., a Colorado
corporation, whose address is P. 0. Box 301, Gilcrest, Colorado 80623,
the following real estate and property, situate in the County of Veld
and State of Colorado, to-wit: I�
Ad
! Lot A of Recorded Exemption No.
h ' / 1057-14-4-RESSO, recorded April 25, 1986, in
� " f Book 1110 under Reception No. 2051240 of the
e e `.sr Weld County records, said parcel being that
part of the SEI of the SEI of Section 14,
3 Township 4 North, Range 66 West of the 6th
a r P.N., Weld County, Colorado, lying South of
the South right-of-way lies of The Western
��°4 t. a.,'.. Mutual Ditch, being more particularly
described as follows
Beginning at the Southeast corner of Section
14, said point being the TRUE POINT OF
i�,�, , BEGINNING, and considering the East line of
' said section as bearing North 00.00'00" East
along said East line, 1321.21 feet; North
' ' '; V" 90"UO'00" West, 30.00 feet to a point on the
a a " West right-of-way line of Weld County Road
35; Thence South 13'22'06" West, 520.66 feet;
Thence South 23.52'22" West, 411.28 feet;
, ,3 Thence South 49'57'44" West, 636.28 feet to a
, point on the North right-of-way line of Weld
County Road 44; Thence South 00.03'11" Zest,
30.00 feet to a point on the South line of
said Section 14; Thence North 89'56'49" East,
803.95 feet along said South line to the TRUE
I l'r' POINT OF BEGINNING, containing 8.88 acres, i'
4h more or less
together with all its appurtenances, and warrant title to the same, 6
subject, however, to the following:
(1) 1986 taxes due and payable in 1987;
(2) Rights of way or other easements appearing of record or as now
existing on said premises;
(3) Easement and right of way as granted to Panhandle Eastern
Pipeline Company by Louis Dinner and Ida Dinner in instrument recorded
October 19, 1976 in Book 780 under Reception No. 1701683 of the Weld
County records;
(4) Oil and gas lease dated June 13, 1975, recorded August 18,
1975 in Book 745 under Reception No. 1667414 of the Weld County records,
and any interest therein or rights thereunder, including, but not
limited to extension of the above lease as claimed by Affidavit of
940124 w
�1; t !.
S.0 sIL&r......... ..u,Lm..., . ........ ...u£.ew.e..4a..._,..._.. .....�._ .. � .a..,]... ... _.__ .. ...
A 1113 REC 02054547 05/22/86 16: 16 $12.00 2/004
17/2 MARY ANN KhUER.StSiN CLERK 6 VECORDER WELD CO. Co
P.oruction pursuant to 1973, G.R.S. 38-42-lit by Thomas G. Vessels,
cconrded August 8, 1977 in Pooh 805 under Recopt ion Noe. 17267% and 1
176787;
i
(5) A reservation to the grantors herein in and to all oil, gas,
miocrala and mineral rights in, and under the above described premises,
together with rights of access thereto;
(6) Mineral deed recorded November 4, 1976 in Book 781 under
Reception No. 1702823 of the Weld County records and any interest
therein or rights thereunder;
(7) Mineral deed recorded November 4, 1976 in Book 781 under
Reception No. 1702824 of the Weld County records and any interest
therein or rights thereunder;
(8) Mineral deed recorded November 4, 1976 in Book 781 under
Reception No. 1702825 of the Weld County records and any interest
:herein or rights thereunder;
(9) Mineral deed recorded November 4, 1976 in Book 781 under
_- Reception No. 1702826 of the Weld County records and any interest
4 ).0A„' therein or rights thereunder;
° 'y (10) Location of the above described parcel within the boundaries
of the following
: (a) LaSalle Fire Protection District; (b) West
�, y'axn v Greeley Soil Conservation District; (c) La Salle Latham Zoning; (d)
� . Central Colorado Water Conservancy District; and (3) Central Weld County
ej Water District.
.ra lk Dated May 1, 1986.
? ,a Ida Dinner
6 u }y
5 # a Barnett Weiland
CteargiLl
;q a idne; E. D ner
Albert J nor
Melvin Dinner
2
940124
'C, n r+'' k d e y , b em k a i b
' � '` z95f.�.. P"+�,`i.`'4� F��'�', .lt°4�fi�S°� �' �x7�,k�� � �+'.� �s,�"s< +�>r� ` '
l r r
n
laA' B 1113 REC 02054547 05/22/86 16:16 $12.00 3/004
F 1773 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
y .i'.. STATE OF COLORADO )
roe !-J x c ) SS.
'" COUNTY OF WELD )
" Thq £oregoing instrument was acknowledged before me this et7
n ' day of 7/ , 1986, by Ida Dinner.
F 4 ,t WITNESS My hand and official seal.
'Fc My commission expires:,ttyjj 9//917
b I
a �r j
ix `s �,, J1,.. ..:_ ✓� 4A-10—,
A//I, _
+ 4Note Public CC
a s N STATE OF CALIFORNIA )
gg, � ) SS.
*�+. COUNTY OF SAN DIEGO )
The fgQregoing instrument vas acknowledged before me this /.9rr
day of /,//X , 1986, by Rae Barnett Weiland.
WITNESS t, hand and official seal.3 el OFFICIAL SEAL
Sloe LORA K NASBY
�.dy «s on expires: /pg •la 14. saws PlaUC-CALIFORNIA r
:L : 3/� o/ 1, . I Sin aroeo e6BNn
4 ' , • Of- Mr ecru acme MAR 6. L9A
> I.ssri'i oen •AS�r
+'� I ) •ey>..1� NOTARY 7A , •ASaYCALIFORNIA '
( y `a SM'DI Mt',
Notary Pu Publiclic STATE OF MICHIGAN )
'
` � ) SS.
COUNTY OF WAYNE )
+.
R 'The xoregoing instrument vas acknowledged before me this tp
-day of •8T_��cf , 1986, by Sidney E. Dinner.
fin'
,;. � � . iiITNESS y hand and official seal.
/ My commission expires: (p-((-g 1p - -�
Note b is
SLATE OF CCLORADO ) ry
i M ) SS.
+i COUNTY OF WELD )
x 1
Th S regoing instrument was acknowledged before me this /
day of - , 1986, by Albert J. Dinner.
WITNESS My hand and official seal.
$ r My commission expires: ALI�z 9 /QI7 +
C •
_/ cLzulo
�'.
3
S40124
, , _. : , : W... .
, 1113 REC 02054547 05/22/86 16:1.. $12.00 4/004
F 1774 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO r
j STATE OF COLORADO )
) SS. ,.t,.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /.¢-
day of
Y r , 1986, by Melvin Dinner.
WITNESS My hand and official seal.
i My commission expires:� 9, /917 , :'
`.1 i. A 'a ' l� �1aL ��
�, : of w e +
tr : ?j
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to- ,1
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940124 ,
:. . it "
HI f
H '
The printed portions of this form approved by the
Colorado Real Eatate Commiaaion(SC 24-2-81)
i
THIS IS A LEGAL INSTRUMENT.IF NOT_UNDERSTOOR,LEGAL,TAX OR OTHER-COUNSEL SHOULD�E CONSULTEOJEFORE SIGNING.
•
FARM AND RANCH
l CONT-RACTTO BUY AND SELL REAL ESTATE
it (Seller's remedy limited to Liquidated Damages)
January 22 19 86
. The undersigned agen,t hereby acknowledges having r Ralph Nix a c}oloredo -corporation g g received from PProduce, Inc. ,
ail the sum of$ 5,000.00 ,in the form of check
,to be held by seller
"I GraRBt;MEP9JiT21's'esrrawvrtrasttnrsceetart as earnest money and part payment for the following described real
�'. i estate in the County of Wald ,Colorado,to wit:
That part of theyySEkSE�y of Section 14, Township 4 North, Range -66 West rf the 6th
P.M. ,
neMutualnDitch Compan lying tc South ai the South sight o₹ way line of The
1r less Company ditch, containing approximately 7 acres, more �r
together with all easements and rights of wayappurtenant thereto, all improvements-thereon and all fixtures of a
vll permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary
wear and tear excepted,and hereinafter called the Property.
2. Subject to the provisions of paragraph 19,the undersigned person(all Ralph Nix Prndure Tnr
tas7oirrttenitn+sJhf're*As-in-een hereinafter called Pur-
chaser,hereby agrees to buy the Property,and the undersigned owner(s),hereinafter called Seller,hereby agrees to
sell the Property upon the terms and conditions stated herein.
3. _The-purchase price shall be U.S.$ 38,-300' 00 ,payable as follows:$ 5
the balan-ca Mf $$'33,590.00 to bepay ,
purchaser to seller in cash,0 -hereby shier for;
check or certified funds at the time of closinganddeliver of cashier's
warranty deed Y general
4. Price to include the following personal property: none
—to-be-ccur eged{bybekbfeale-a4bi+nao€elesiag-iwt]aeir-p....a^•-youth a a t y£allAersaw7]y.ulauz slaws.
-Banes-xdeneu-n f.atees,emeeg&--
' -and-eaoeptany--peaseael#spa 4.y.Nasals.an.y-e lcuarbxaaca-apaei£iadiu.puagnph 12.42usiellwviag r;rri,•er.4La
—permnenI..aLvte „seladed-fremt},is3ak:
5, Price to include the following water rights: -lone
----Cr.-Ifanewdoea-late Le„Ltainetl-byRerrehaser-frolsetr444144par yrIxsye ehaoeeageees-Eo-}at`et*.pS1-yarlddiligettH3`4ei
appl y for3eelrleartjb)-exeenCe-e+l-deeamentaand f,....:„l. ,dl-i..f„r...atieti-e+ed-eleeatreente-reetthee`t. 1-43.r-„`,e-leru}e axd
-(cl pay-bheeexstemary-ceatsofebbaaitringssuch-is•an-,3'#ten-rfet,eh-lesw3s-iroLappeeved-erew•1ye€ore
'k9=--et-ifaorappreveeF-wtia-nebnersi}ab3eat3ime-crfekis:.:b,eh=s2on4reebs`_„ `__..,,sad-void-auda4l-pa3.lwep4s.ud
-b•hirrg9ok4'@k}eT _ _ _ , geh@}1-Aw-peekalVie€1.{e•gN4zehesOr.
1 ----7.r-14 a notearldtetestrleed ae-xx eSgage4a--te hee.,,......,,,1-4Peteehtee- agreee-ko-
aPPIY-tw-a-loau-ussu.mptier+S-f
-eel}e awdegreeebo-pey444e-leas-krattefenfe.e44et tee,xeeefl4^- -aad{2}aa-iakepee44ate
-set te-eteeeel -5b-petkawware,-I€41te-leas&.yeesearwedhae-prsvieioas-fer-a-slfaaeds4+litycor�arSaltle
—inEeresbr.etes-er-vartiahleisayraenfierklrie-soafireebie-c+eaditiowed+iperi_iturok*aeet�-seviewtiwgaa41-esrraeakiagio-sewq
-plwvieieaerlt-thelerules:aeeasea44,-a-leaasr^,...,{'ti^»is rer`Cell thiacoatsactia•.eoeditions&ujaen-olataiai.ug-aaola ,
—eoneewk-.wtheateh ange.ia4hate4eFesad aereditieasot cuoladuau,oy cQpt-a,s-hesQyatfsoaided.
J
No.SC 24.141.Centred to Ray and Sell Real Route(Farm Ranch)—It railcard Publish l np Co.
940124 \Y
hn2G W.nth.Ave.,I.nkowoud,Colorado 80214—'L::3-6900—6,1
---8--Etaneteistu Le made pay abletSSBbej anfartta a fiat lgyfpfeHL-Brtime yurc'wiase pnce,-tfiis tff raF stt11 noc—
be assignable-by$ureheaerrorrethet�.,:tt.,.. eentefSeiier.
- eo3o€-aey app0a$sal-feraoaw-perpersv„t.,L..�bta:..,,]aftereitia$ete izeki-bepteid-1rY_
10. An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an
amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before
Marrh 17 ,19_86If Seller elects to furnish said title insurance commitment,Seller will
deliver the title insurance policy to Purchaser after closing and pay the premium thereon.
11. The date of closing shallbe the date for delivery of deed as provided in paragraph 12. The hour and place of
closing shall be as designated by go l_l.pr
12. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14. Subject
to payment or tender as above provided and compliance by Purchaser with the other terms and_provisions hereof,
Seller shall execute and deliver a good and sufficient g-neral warranty deed to Purchaser on
May 1 , 19 Rh ,or,by mutual agreement, at an earlier date,conveying the Property free and
clear of all taxes,except the general taxes for the year of closing,aerd'e,eeept
free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether
assessed or not;free and clear of-all liens and encumbrances eneeept-
eseeptae-fel'lewing-lebat.YietiY6eoQBRa.t8le-netree M�oig•_Ft+{we44e4:
and except the following specific recorded and/or apparent easements: any easements appearing of
record and easements as now existing on the premises, including, but not
limited to, easements granted to Panhandle Eastern Pipeline Company and the
Central Weld County Water District
•
and subject to buildingand2oning regulations.
13. Except as stated in paragraphs 12 and 14,if title is not merchantable and written notice of defect(s)is given by
Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable
effort to correct said defect(s)prior to date of closing. If Seller is unable to correct said defect(s) on or before date of
closing,at Seller's option and upon written notice toYurchaser or Purchaser's agent on or before date of closing,the
date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph
14,if title is not rendered merchantable as provided in this paragraph 13,at Purchaser's option,this contract shall be
void and of no effect and each party hereto shall be released
e eased from all obligations-hereunder and all payments and
things of value received hereunder shall be returned to Purchaser.
14. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this
transaction or from any other source. Provided, however, at the option of-either party, if the total indebtedness
secured by liens on the Property exceeds the purchase-price,this contract shall be void and of no effect and each party
hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall
be returned to Purchaser.
15. General taxes for the year of closing,4araa ^^+hea osLsaeewgdeuy.oad,Skaauae.t,seeey-aeseesea,s pyepaiol
renterrateererAm-se __ __nterPHA-mo tgage.insure..,,,,p...reim,rrattddietereeeo+rene•etn{trernees;if-trim-end
paid by the purchaser.
shall beagporSier+ed-&rdeteel=delivery-af-deed Purchaser shall be responsible for any sales and use tax that may
accrue because of this transaction.
16. With respect to the growing crops Seller and Purchaser agree as follows: Seller shall not plant
any crops on the above described parcel during the 1986 farming season.
17. Possession of the Property shall be delivered to Purchaser on date of closing
subject to the following leases or tenancies: Oil and gas lease dated June 13, 1975, recorded
August 18, 1975 in Book 745 under Reception No. 1667414 of the Weld County
records
If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for
a daily rental of$ 10.00 until possession is delivered.
18. The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing
shall be on Seller; provided, however, that if Seller shall maintain insurance on said improvements which will
compensate for the full replacement value thereof, and if Purchaser elects to carry out this contract despite such
damage,Purchaser shall be entitled to all such insurance proceeds.The risk of loss forany damage to growing crops,
by fire or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16,and such party
shall be entitled to the insurance-proceeds,if any.
• 940124
19. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment
due hereunder is not paid,honored or tendered when due, or if any other obligation hereunder is not performed as
herein provided,there shall be the following remedies:
(a) IF PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be
forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all
obligations hereunder, It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's
failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance
and additional damages.
(b) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case
all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover
such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect
and Purchaser shall have the right to an action for specific performance or damages,or both.
(c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this
contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees.
---2 -Ittrekeee.=arms-&-rkregree-thab;irSiteere+rtofenremrtrwrorery-rege.,l...5,ti,,...arnre6+neneritekl ir'l.eL.,—
anlees-ntxM+e}wriite»tine4rnation-iereoeivedkYb»leerrbroker-site•}-net-be-reef fired-to•Gake•attractientu4maYewait—
ewy-. --ee4 anal-brekei 0iena+a4Fliseretiotrai.)-inte.el.,,..1....J-im++ee3'a .ir.gmrf.valeta-ietUe-eeeet-aeielerray-
eeeever-oelert-oesesaadeeseewabler etteeneye l-fees.
21. Additional provisions:
see attached schedule
22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before
I9_Sb_,this instrument shall become a contract between Seller and Purchaser and shall
in a benefit of the it successors and assigns of such parties, eepeaeeteeediapaeageapltS.
�yB
F c phDate
r Produc ,
By:
Purchaser Date
Purchaser's Address
(The following section to be completed by Seller a.4-Lietieg-Ageert)
23. Seller accepts the above proposal this day of January ,19 86,and agrees
topey-a-conereiesie -rif ge-cif;ke.purrlaase.;unite-'o.u.seauices.ialhislransactinn and. P gr as_thaL,in_
tl.,,„.„nt-of-ferfetterre-vFpayeneertrancltehi ngs.ef•ralde n.c,iu c.]-Feereixrder,9vdrpayreents-salt-thixgsefroa}ire-strall—
ker-ividedketweex.1.ietingHreker-,and-Se-loans-kel€eheeee€teeaid-broker;rbe ee et•te-exeeed-tkeesenmisaionraeiddlie—
balexec te,6ellerr.
Seller Tilr eJN.�, pA Seller eat- M,qj ^'Q
Seller's Address
Listing Broker's Name and Address
So L t. .
N mow . C/ 940124
21. Additional provisions:
This agreement and the terms and provisions contained herein are subject
to and contingent upon purchaser obtaining a Recorded Exemption covering
the property as above described from the Board of County Commissioners of
Weld County, Colorado prior to May 1, 1986.
That all expenses incurred in obtaining the Recorded Exemption covering the
above described property shall be borne by the Purchaser, including survey
costs and expenses incurred in connection with the Application for Exemption.
That the seller, to the extent needed and required, shall execute any and all
documents in connection with purchaser obtaining the Recorded Exemption
described above.
It is further recognized and understood by the parties hereto that the
conveyance by seller to purchaser of the above described parcel shall be
subject to the revised legal description as designated by the Recorded
Exemption proceedings.
That the transfer and conveyance by the seller to the purchaser of the
above described parcel shall be subject to a reservation in and to all
oil, gas, minerals and mineral rights.
Each of the parties hereto confirm that no broker was or has been involved
in the negotiation hereof, nor is any broker due any commission in connection
with this transaction.
It is further recognized by the parties hereto that the above described parcel
is located within the boundaries of the following:
1) La Salle Fire Protection District
2) West Greeley Soil Conservation District
3) La Salle Latham Zoning
4) Central Colorado Water Conservancy District, and
5) Central Weld County Water District.
940124
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property
STATE OF COLORADO
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names,
addresses, and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners' of property (the surface estate) within
five hundred 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.
The foregoing instrument was subscribed and sworn to before me this
i(!' day ` t(-/,t.E'4 4/) , l9 eh by tilt-(.a_ Gy)
•
WITNESS my hand and official seal.
MY Commission expires:
A`•9,Notary Public
My Commission Expires:
940124
t,fvcur, unf ;;;1. 1994
'CU IL, _5'53 FR.'!n £b_D CO TREASURER TO 73724'71. I PRGE.002/002
i
AFFIDAVIT OF INTEREST OWNERS I
MINERALS AND/Op SUBSURFACE /
Application No. I,
Subject Property
Sc ,Se 7y .SCet',0 n /Y
Ly Al R I, 6 tit,. U ->` 71, e / i
STATE OF COLORADO ) (
) ss.
COUNTY OF WELD ) j )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
1s
or her knowledge, the attached list is a true and accurate list of the names
49(
and addresses of all mineral owners and lessees of mineral) on or under the
parcel of land which is the subject of the application as their i+ames appear
upon the records in the Weld County Clerk and Recorder's Office, from an
ownership update from a title or abstract company,p y, or an attorney.
/ 1
44
The foregoing instrument was subscribed and sworn to before me this i
I \TN day of IV (IVE MRFGZ 19 93 . By e 4
WITNESS my hand and official seal.
My Commission expires:
My Commission Expires
May 14, 1997
Notary Public
940124
I** TOTAL PAGE.002 **
NAMES AND ADDRESS OF ALL MINERAL OWNERS
Louis & Ida Dinner
1814 14th Ave .
Greeley, CO. 80631
Martin J. Freedman
204 Midland Savings Bldg.
Denver, CO.
9-40124
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
Application No.
Subject Property
STATE OF COLORADO
) ss
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and lessees of mineral owners on or under
the parcel of land under as their names appear upon the records in the Weld
County Clerk and Recorder' s Office or from an ownership update from a title or
abstract company or an attorney.
f '
The foregoing instrument was subscribed and sworn to before me this
/Z0 --day of / ' )/}�L�/Y!'1(.�-G'V 19 /--? WITNESS my hand and official
seal.
MyCommisskr Ex Ires Dec e ber31, 1994
My Commission Expires:
otary Public
940124
l AUG 181975 fit'yep.. Jo x//�
4r1 IiA c4r iF. ° .P t* M +G---- o'abek �_Y a-r,
•
yy6ill
a� w 166'7414x l.. snrm., ,w bndfa«
- ,�It 745 b-f
'`t5,,i C,�• 1t.rnlp«"' �d/. II OIL AND GAS LEASE �"«`"
,,, THIS AGREEMENT, Entered into this the— 13th day el__—June__-_
I.75 T
l' °"'n" Louis Dinner and Ida Dinner, husband and wife, Greeley, Jolorado
' l�l Wrebaw seal lessor,
`I ' ndMal?t n al rflaaipr Mldlwvl Sayings Ald nvnr f:nl
I'';y;l ' '� 9n6 g m •
Yea 2 *Washer YON Weer tee wiIM:
1. Teal Inset, for and in µnsleratia µ the mem el sin on Dana N hand agreement*MCIYMr tantained
to be unwind by ow lee.., has this day granted. Weed. and let and by then prostate date hereby eg grant. Man. ad let natant> Unto the lane the
{f Qr hereinafter described land,and with the tint to ease this leer or any part thereof with other al ant gag leas Sateen µ ea,Part N IM NW awned
.•.a,l therein u Mb aftet provided.foe the pn50e N YrrNlr Y ryNalral.sNYnNal ate ether eaYeeabry ewb."Ha"(tµe dr1YY•F and IM erlllb/.minis.
1 and operating for. producNF d sans hem the µl, N. missalgal, wbrh.Y gasoline and ale ether ea end their feepeµlte sonritean tapers,
J constructing roads, laying pee lie.Si n` , steno 14 Sliding powers. Cations telephen lints and Other streams theme senwn •
1 convenient for the ominl operation of said land alone or r0a�ntly with neighboring wed. toears yproduce, save.take of.and eannlwn.0 of.Ina
� 'I 'antenna. and for housing and nerd Int employee.. said tract m land with any revs.denary rinse therein being YoNIN le the County of—
(4-1 I� _—___ Weld_._ . State of_ calarada _. gad demised as fellows.
..l For description of acreage covered herein see riderattached to and made •
ag' ' a •
a putt of this lease. I,
tag t },.
See Addendum attached. (
a46....
3! 0 n tortlon_ _-_ lwnNN_ •� '` _Range —.and tMwmlWn/_ngltacree.morn s.or I .
,t i O 1 Thin Nast shall remain ill are for s term of __L 1Yhrsdl) Year.and as king uweawr as on,gee.mindleae 4F un eaten gasoline er 55
any of um produnm covered by ma leaµ is or can be produced. `'9
-1 (3 1. The N.M.shall dative to leaser as royally.free of eµ1.on the leave. or inn the pipe line to which keen may eetinect lie wells tee equal on.yNhth part I of all µand n mansl produced sated Iro the Maimanseass'the lama orlon may Per the N
r to lan for nth ne-eighth Menthe market prix for ml ef like grade and gravity prevailing M the day an ell is run into the ply,line or Into.wage leas
''. l` l ne The Ina nail sthly pay knew as royalty wad fNN g ma free nab well where...scaly caly Is found.one-eighth
.) of the pined If Sid et the
f� well,or if teem marketed by . oil the lewd ps My ts..then a - hu IKmarketI of IS market valueat IM well.The Nan Yell paythe Masek Oil one...nth ISki-
µ the proceeds retested by the lee n foam the a of eYlaN,w gee. Median free any nil well:OW innth WI N the value at the mouth of the well,
LL,
OD market ampute price,of prevailing i oseismalaproducedlleprodu from any oil well and used by limn off the lead premises for an:purpose or
. I m- led se mans used on leased premises by the leas Ise aka than Onden:epmenl w d nth War of. lamer shell have the Printer a his own nob endt�1
expense of same gas from any gee well en said and for eau and inside light'in the principal dwelling located on w lerinnecuone theretoeaded premises by mating his own
Where gas fin a well or wails capable of producing gin sly.Y not aµ or seed la a period of one year,lean shall pay Or tender al royalty.Y i= amount equal.'she delay rental n provided on paragraph in hereof.Payable annually 1 the end of each tear duping Yhltn Y h gin not aid d. ?,
1st sad while said royalty is to paid or anted Ills lea shall-be held as a proditi g ng prertruade c magnate(numbing two nanoI.
y (.
• 1 e If operations for the doll,of a well lee
oil w gas an w wmanµd en said UM es or before the 13th June f
s� this lean shall Yrnlnale a to beta pMYF Is the NnIae-tall on µ Wore said date pay µ lacer to the leer or`the lever's credit in
1 _lrsala�y Natinnnl_ aaak at_rWeal (In)n • ji+'.
J wrn an the NUMB brat and ism suns as the W rAal -- µ M successors. goo YY red its sli-
dyeeugy .f n1 M all eons payable under thin l.)�an/�/rnrew/v of enngee of Ownership m said .i�,.
�' lied ee u then end TWO hundrgd ten fi 00 100_
gar m in Oxalate f r hereunder, the a o(_ _Dollars. which shell op-
. .ntal IM privilege el ederYa arena
may
to of wises for 'Sr.ling for a period of w year. In lice manner end upon rate '.
PayµnY a Under'the emmn el operating Sr dnNY y«farther or deferred for .see Periods s Ina.All ailment'et tender my he mule by
need drat e loos any ailµ Ia lbs ailed Minted ona bars Ine rental paying dab Sher dine.N lent or maim or o said said -i}
test sad It understood and agreed that the "sanatept firm em hewn, the down antenna mere ad only the gfnNge granted to the One when said .ei first rental la payable aforesaid. ha aloe W knee's Span or en.Muo that petted es Iereao and any d all other rights confers, d Notwithstanding
1'the dna, f t twin uc his m urea•the payees µ tender of VMS in the manner atom Nall M binding the heirs• denim, eweulor.• 4"
I�. Yd edmi,t`r sea of rm parsest
' S If t a y Una prior IM µ.ere.)a MI r rya IS late and tiring the term of this has the leases YMI drill a dry hole,or holes on this land,this Imo shall l net ter inn. peeided�Y.Ya for , dnll,yl a e :I shall be commenced the next aan/ rental paying date, provided the tr.,. Inlet ,Nine tee gtrt 1 sea in he ma" sad n hereinabove provided. d in this event um Dreaming paragraph. hereof goy-
enis. M assess ofrentals end the wean and mfrs thereat ash matinee in force.
'li I. b env sad leer a lea inert In the abase described wed than the mein and undivided fee simple maid therein then the frA
ale wen prmidsd Na Yell be paid the µ lent only in the 0rseoo n Mu his interest bears e the whole d Undivided fee. Ito wevgyucher rental Np' 1 Y Mrmaed al the wen nw.eYelag rental awtermy after any tin gtur a the Nnrnl Is acquired.
• The lose shall man the ran 4 sm. fro of en N, oil and water bond an said land for its Operations thereon. wept water from the wale of• the Mt.. Ww mooted by Ion.the Neil.WY bury ill pope loft Woo stew depth and Nall pay for denary maned by ice praline. re rowing crow dO� mid IoM. Nw well W4 br drilled lhaa M fw le the hew.e or barn as aid ranee annul or its w of the leer. legs anall heat ';'li
w yea 1 /Yes des elide W eglrannN. this Sae le remove gal anises antra. house., µher irueturu . en ..I 1
ge!eSgt�!NlYJ IM fldM N l•w W s
S DIY Walt N either party wed is eµgt IoM IM pea lm of earns o .h Inge or or b pan is entreaty YNeNI,the pts hereof shall extend l'I
µ tad M devise all bw. admmathee le Season, w assign St change of ownership in the line a the waists Sr Makin 5 or any a •
sew aeM f S Mae Sall be madly on ll shy ale t ha been furnished with meter the rlgle.l Ned 1 the pl of conveyance dull lilted 'I
s as than(or a anllee m. Y the W W N an mall
peer and el the roboto thereof. or ea.law raarq of the preemeemp Sowing appointment.el •
as adore lam r the mete-of aped e e era. hairs is preelor tinter with all Beal r/N 1Yinemta efsenay reµ or duly ftnl- n)i
IM copses mewl Row ls?N *away a emp ea g a of MS bask la sn eer to the full interest dated.and ell Sa lm payments of rentals de hi -1, sake west.wept N W dµre me.lits eYS lot bile,on shy(Wet a alarm aselgr, rinse. team e0ml.eeaer. executor. or heir of ed r Lx
M. If 1M n. tI.m1W • e hareadelter be.weed Mated well.ner In mutate grata, led prnlm wya id Nall M Ireoped and were•.N loam. W aS r e Beam u,Y elate eau M nisn s'I entirety and shall be diaidµ land W Paid to h anginam in the ,.•••••••••wolfs
tai Wsaadc earl by nab yW1� beereaytoo ca satin rSeW acreage There well be Mlyatorn o the part es the tree to efl-
ma wolfs ea moorage Mira rte Ian no Ind pared by this y b• Mnanr divided by ale. ass part
dement Iseotherwise la furnish up
sh_Ma Mae or eosin paslNyewtd..alyosing wba It Y Map agreed at a the t thts pay Nana maimed b a part or pars of the above them,describe, lend end
Y wad sales an ed adiyfeat at z..-
lien e. MN Shell mete default ae the payment of the prapenienete Pan (Wereal dw Yam him o them, um deltas
eel eta la seemly s u at, f d she u tr.=
la N.M Y)as ash Yeef it mh I1_aaelo sum w Tie t M as re:Mee he 1 Y nil S:w µ le Ws rnnlllb.ent t y It a aata In Nl a der. M 71 W dams M'Wtr e.wen a a.maeYY Wilt d be Mal With the laser.. a erns ter retain all Payment due MmMr, and to caste
dialed a trams.a warm WWI Y rag pwaF he tMr wadi masonss In main
sa
11. Lead p any teen At sad m.ram Y doled stab. N eM NM emcee earl s andseraat*vetthatd the ed s at Its option. most pay and sIµMT la ale l r pin Sy an. rayon. a ewer hen. tea ems.,µ.µyr a a or seam the above evens se ant event it sea such o her
bs. an aka eet s the tale al any West w l w14ro theme Why eslmwer llsil by apply,b the dleebarp of gay suchmortgage. lox ellsr rsleby w testae ts. In trite Ise
LL MwNYla Wee
S YtYap r vile Ise wwaly a the stew. II Y e shall mevr/reee that 11 Men N.Y mmmsia egsecute for , if pr set any•
etas a ih me free e e g as ig leen an n ata a tone sad Its terms 1 w longs. enact aaµime an prstUM end, If production mane Ii water aide a Ingsa gof ties
b welmoa �.^
It D enti W Maay of tW bins,pre atw or m the loaded us r shall tease Ira any use, this mu. NYI not terminate emended Opera- A.•.
Ilea Ms W Me,ed a wed WY be�meeed Wa. Y a nil is renal paying date, preened base begin or r u the Payment f
Mak• the man sad Sae hem say Mw_ten Im aal tan a a n p etdad I. after the mamas t of the primary Late el ithl Mews production on the leaned plats shad
tae ha• b Is YY mlsaW in.sea
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FIELD CHECK
FILING NUMBER: AM USR-726 DATE OF INSPECTION: ///2-41g-3
APPLICANT'S NAME: Ralph Nix Produce, Inc.
CURRENT PLANNER: Monica Daniels-Mika
REQUEST: An amendment to a Site Specific Development Tlan and a Special
Review permit for an onion storage warehouse.
LEGAL DESCRIPTION: Part of the 5E4 of Section 14, T4N, It66W of the 6th
P.M. , Weld County, Colorado.
LOCATION: Approximately 1.5 miles northeast of Gilcrest, approximately 3
miles southwest of La Salle, -north and adjacent to Weld County
Road 44 and east of Highway 85.
LAND USE: N C ErVtL
E C.rfln
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS: / /
Eat S.QtrP, ie(J-
q o . a frn, D
DEC D 11993
weld rnunty Planning
940124
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-
WAY. IN THE EVENT T-HE PROPERTY UNDER CONSIDERATION IS -NOT ADJACENT TO A PUBLICLY
MAINTAINED ROAD RIGHT-OF-WAY, T-HE 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-DF-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 #
THE SIGN WAS POSTED BY:
Sera/ Nix'
NAME 9t PERSON PO TI SIGN
SIGN E OF APPL CANT
STATE OF COLORADO )
ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS/pPI DAY OF 6&.c5fY -+e , 19 93 .
SEAL
NOT Y PUBLIC
MY COMMISSION EXPIRES My commission-expires February 16, 1966.
LAST DAY TO POST SIGN IS: , 19
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE
DATE OF THE HEARING.
940124
(1( (1/4
1 DEPARTM-ENTDF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
_ WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
November 18, 1993 CASE NUMBER: AM USR-726
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ralph Nix Produce, Inc. for an amendment to a
Site Specific Development Plan and a Special Review permit for an onion storage
warehouse. The parcel of land is described as part of the SE4 of Section 14,
T4N, R66W 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
northeast of Gilcrest, approximately 3 miles southwest of La Salle, north and
adjacent to Weld County Road 44 and east of Highway 85.
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
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, 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.
Signed: / L /�_ �2.de Agency:
5
Date:/ - / - �3 (/ Cl
cR DEC 1 7 1993
weed cous4
pi,
is,,,,, ,
mEmoRnnDum DEC 0 2 ,993
-.,nt n:,.e..1- R
���° =I-Nanning
W Monica Daniels-Mika Dete
To Weld County Planning December 1, 1993
COLORADO
Frodieffrey L. Stoll, Director, Environmental Health
Sub)eotase Number: AM USR-726 Name: Ralph Nix Produce
PT SE4 Section 14, Township 04 North, Range 66 Vest
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. No permanent disposal of wastes shall be permitted at this site.
3. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions.
4. Fugitive dust shall be controlled on this site.
5. The maximum permissible noise level shall not exceed the commercial limit
of 60 db(A) as measured according to 25-12-102, Colorado Revised Statutes.
6. Adequate toilet facilities shall be provided for the public.
7. The existing septic system is required to be reviewed by a Colorado
Registered Professional Engineer and a copy of that review submitted to
this Division, before the required I.S.D.S. Evaluation can be performed.
ILS/memo.jsf
940124
NT OF PLANNING SERVICES
r� PHONE (303)353-3845, EXT. 3540
l 0 COUNTY ADMINISTRATIVE OFFICES
liDe �I N0V 3 u^ 1993 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
"4a t�lun�llag
November 18, 1993 CASE NUMBER: AM USR-726
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ralph Nix Produce, Inc. for an amendment to a
Site Specific Development Plan and a Special Review permit for an onion storage
warehouse. The parcel of land is described as part of the SE4 of Section 14,
T4N, R66W 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
northeast of Gilcrest, approximately 3 miles southwest of La Salle, north and
adjacent to Weld County Road 44 and east of Highway 85.
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
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, 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. k Please refer to the enclosed letter. �-
Agency: /cc Sic //e / L"u-
Date: 1�jq/4 7
940124
c
,Ca Salle lire protection ,District
PHONE: 284-6336
NOVEMBER 29, 1993
Monica Daniels -Mika.
Department of Planning Services
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
Ms. Daniels-Mika,
On November 24, 1993 I met with Mr. Jeny Nix concerning his proposal for an onion
storage warehouse. We did an on-site review of the proposal. At this time we found no
conflicts with the interests of the La Salle Fire Protection District.
Mr. Nix stated that he would supply me with a detailed drawing of his entire facility
including propane-and electrical supplies to the building. I will also address extinguisher
placement with him when the new addition is built.
Sincerely,
�� �
ary Sandau,
Fire Marshal
118 MAIN STREET P.O. BOX 414 LA SALLE, COLOR4 QQ%24
I 11.
E .51Ticr
NOV 2 q 1993
TT T� DEPARTMENT OF P1YA WMM$ 1d*CES
PHONE (303)353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
lige
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO RECEIVED NDV 2 2 ;393
November 18, 1993 CASE NUMBER: AM USR-726
TO WHOM IT MAY CONCERN:
Enclosed is an application from Ralph Nix Produce, Inc. for an amendment to a
Site Specific Development Plan and a Special Review permit for an onion storage
warehouse. The parcel of land is described as part of the SE4 of Section 14,
T4N, R66W 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
northeast of Gilcrest, approximately 3 miles southwest of La Salle, north and
adjacent to Weld County Road 44 and east of Highway 85.
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
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, 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. —1 We have reviewed the request and find no conflicts with our
interests. kfril) 3jier2A4VJrer 24--Pont GKl CX1sT/NLt. RGCE SSES
/A/Place,
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter. �/J.
Signed: (iytGl�c�/GZ/� Agency: �.fid /�"/al' (/ c �..
Date: —
940124
LAND-USE APPLICATION
SUMMARY SHEET
Date: December 10, 1993
CASE NUMBER: Amended USR-726-2
NAME: Ralph Nix Produce
ADDRESS: 19480 U.S . Highway 85
Gilcrest, CO 80623
REQUEST: A Site Specific Development Plan and an Amended Special Review permit
for an onion storage warehouse in the A (Agricultural) zone district.
LEGAL DESCRIPTION: The SE4 SE4 of Section 14, T4N, R66W of the 6th P.M. ,
County, Colorado.
LOCATION: Approximately 1.5 miles northeast of the Town o i t;
approximately 3 miles southwest of the Town of h f c
adjacent to Weld County Road 44 and east of
SIZE OF PARCEL: 7.6 acres, more or less.
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION IAL`1 ;'
The criteria for review of this Spq Re 'ewe "t isted in Section 24.3
of the Weld County Zoning Ordinance. • i . .
The Department of Planning Services' st)1 f Chas received responses from the
following agencies:
1. Weld County Extension Office
2. LaSalle Fire Protection District
3. Weld County Engineering Department
4. Weld County Health Department
The Department of Planning Services' staff has not received referral responses
from:
1. Western Mutual Ditch
The Department of Planning Services' staff has not received any objections from
surrounding property owners.
940124
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
Ilk
ON O17RAAVENUEO
GREELEY, COLORADO 80631
COLORADO
November 18, 1993
Ralph Nix Produce, Inc.
19480 U.S. Highway 85
Gilcrest, CO 80623
Subject: AM USR-762 - Request for an amendment to a Site Specific
Development Plan and a Special Review permit for an onion storage
warehouse. on a parcel of land described as part of the SE4 of
Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado.
Dear Sirs:
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
the Weld County Planning Commission for December 21, 1993, at 1: 30 p.m.
This 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 Gilcrest and
La Salle Planning Commissions for their review and comments. Please call
Linda Smith (Gilcrest) at 737-2426 and Kathy Ells (La Salle) at 284-6931
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 Gilcrest and La Salle 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 December 6, 1993, 1993, you or a representative
should call me to obtain a sign to be posted on the site no later than
December 10, 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.
940124
Ralph Nix Produce, _ ,..
AM USR-726
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,
tka
-11 a s Mi
Current Planner
940124
Akar.
DFPARTIVIENT OFFLANNINGSERVICES
PHONE (303)-353.3845, EXT. 3540
C. WELD COUNTY-ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
November 18, 1993 CASE NUMBER: AM USR-726
TO WHOM ST MAY CONCERN:
Enclosed is an application from Ralph Nix Produce, Inc. for an amendment to a
Site Specific Development Plan and a Special -Review permit for an onion storage
warehouse. The parcel -of land is described as part of the SE4 of Section 14,
T4N, -R66W 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
northeast of Gilcrest, -approximately 3 miles southwest of La Salle, north and
adjacent to Weld County Road 44 and east of Highway 25.
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
December 3, 1993, so that we may give full consideration to your recommendation.
Please call Monica Daniels-Mika, 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.
Signed: Agency:
Date:
940124
REFERRAL-LIST
NAME: Ralph Nix Produce, Inc. CASE NUMBER: AM US-R-726 -
REFERRALS SENT: November 18, 1993 REFERRALS TO BE RECEIVED EY: December 3, 1993
COUNTY TOWNS and CITIES
_Attorney _Ault
X Health Department _Brighton
X Extension Service Broomfield
Emergency Management Office Dacono
Sheriff's Office _Eaton
X Engineering _Erie
_Housing Authority _Evans
_Airport Authority Firestone
_Building Inspection _Fort Lupton
_Frederick
STATE Garden City
_Division of Water Resources X Gilcrest
_Geological Survey _Greeley
Department of Health Grover
_Department bf Transportation Hudson
_Historical Society _Johnstown
_Water Conservation Board _Keenesburg
Oil and Gas Conservation Commission _Kersey
X La Salle
FIRE DISTRICTS _Lochbuie
_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
X La Salle F-9 _Thornton
_Mountain View -F-10 Windsor
_Milliken F-11
Nunn -F-12 COUNTIES
_Pawnee F-22 _Adams
Platteville F-13 _Boulder
_Platte Valley F-14 Larimer
Poudre Valley F-13
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-2D Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Colo. Water Conservancy Dist. _Brighton
_Panhandle Eastern Pipe Line _Co. Fort Collins
Tri-Area Planning Commission _Greeley
X Western Mutual Ditch Longmont
West Adams
COMMISSION/BOARD MEMBER
X Judy Yamaguchi
94-0124
DATE: December 21, 19-93
CASE NUMBER: Amended USR-726-2
NAME: Ralph Nix Produce
ADDRESS: 19420 U.S. Highway 85, Gilcrest, CO 80623
REQUEST: A Site Specific Development Plan and an Amended Special Review permit
for an onion storage warehouse in the A (Agri-cultural) zone district.
LEGAL DESCRIPTION: The SE4 SE4 of Section 14, T4N, R66W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 1.5 miles northeast of Gilcrest; approximately 3 miles
southwest of LaSalle; north of and adjacent to Weld County Road 44 and
east of Highway 85.
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 appli-cation 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 use is located within the Urban Growth Boundary of the Towns of
Gilcrest and LaSalle. The location of the use and the attached
conditions and development standards make the proposed use consistent
with the goals of the Urban Growth Boundary.
- The Use by Special Review is consistent with the intent of the A
(Agricultural) zone district. The warehouse for storage and
processing of onions is allowed as a Use by Special Review in the A
(Agricultural) zone district.
The use is compatible with existing surrounding land uses. The Towns
of Gilcrest and LaSalle reviewed this application and found no
conflicts with their Comprehensive Plans.
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.
940124
RECOMMENDATION, Amended USR-726-2
Ralph Nix Produce
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.
940124
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ralph Nix Produce
Amended USR-726-2
1. The Site Specific Development Plan and an Amended Special Review permit is
for an onion storage warehouse 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. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive -dust, blowing debris, and other potential nuisance
conditions.
6. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit
of 60 dB(a) as measured according to 25-12-102, Colorado Revised Statutes.
8. Adequate toilet facilities shall be provided for the public.
9. The existing septic system is required to be reviewed by a Colorado
Registered Professional Engineer and a copy of that review submitted to
this Division, before the required I.S.D.S. Evaluation can be performed.
10. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
11. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
12. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
13. 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.
940124
DEVELOPMENT STANDARDS, Amended USR-726-2
Ralph Nix Produce
Page 2
14. 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.
15. 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.
940124
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
AM USR-726 for Ralph Nix Produce, Inc. in the United States Mail, postage
prepaid First Class Mail by letter as addressed on the attached list.
this 19th day of November, 1993.
940124
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/MINERAL OWNERS
Ralph Nix Produce, Inc.
AM USR-726
Jerry W. and Kim L. Nix
16885 Weld County Road 44
Gilcrest, CO 80623
Ida Dinner
1814 14th Avenue
Greeley, CO 80631
Clarence A. and Violet June Carlson
16894 Weld County Road 44
La Salle, CO 80645
Bret and Cheryl Clausen
16794 Weld County Road 44
La Salle, CO 80645
940124
res tt.\\)
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353.3845, EXT. 3540
III DWELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORAAVENUEO631
COLORADO 80631
COLORADO
DATE: November 18, 1993
TO: SURROUNDING -PROPERTY/MINERAL OWNERS
CASE NUMBER: AM USR-726
There will be a Public Hearing before the Weld County Planning -Commission
on Tuesday, December 21, 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: Ralph Nix Produce, Inc.
FOR: An amendment to a Site Specific Development Plan and a Special Review
permit for an onion storage warehouse.
LEGAL DESCRIPTION: Part of the SE4 of Section 14, T4N, 1R66W of the 6th
P.M. , Weld County, Uolorado.
LOCATION: Approximately 1.5 miles northeast of Gilcrest, -approximately 3
miles southwest of La Salle, north and adjacent to Weld County
Road 44 and east of Highway 85.
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 Monica Daniels-Mika, 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.
940124
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DEPARTMENT OF PLANNING SERVICES
liD
PHONE(303)353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
Cie 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday,
December 21, 1993, at 1:30 p.m. for the purpose of considering an amendment
to 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: Ralph Nix Produce, Inc.
LEGAL DESCRIPTION: Part of the SE4 of Section 14, T4N, R66W of the 6th
P.M. , Weld County, Colorado.
TYPE AND INTENSITY OF PROPOSED USE: Onion storage warehouse.
LOCATION: Approximately 1. 5 miles northeast of Gilcrest, approximately 3
miles southwest of La Salle, north and adjacent to Weld County
Road 44 and east of Highway 85.
SIZE: 7.60 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 relate-d to the above request
should be submitted in writing to the Weld County Department 9f Planning
Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above
date or presented at the public hearing on December 21, 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 Windsor Beacon
To be published o e (1) t' e ovember 25, 1993.
Received by.Date: ! Ira 3 .9 3
9110124
NOTICE OF runt
HIMMIR
The Weld County
Planning Commission
ail hold a public hewing
on Tuesday, December
21, 1993,at 1:30 p.m. AFFIDAVIT OF PUBLICATION
for the purpose of .
considering an
, amendment to a Site STATE OFLOLORADO
Specific Development
ss
Plan and a Special
Review permit for the COUNTY OF WELD
x noperty described
t tow.Approval of the I, KEITH HANSEN, of said County of Weld, being duly
• 'quest may create a
sworn,say that I am publisher of
t' toed property right
a ,tursuant to Colorado
Las. WINDSOR BEACON
APPLICANT: Ralph Nix
Produce Into a weekly newspaper having a general circulation in said
County and State, published in the town of WINDSOR,
LEGAL DESCRIPTION: in said County and State; and that the notice, of which
Pat of the SE4 of the annexed is a true copy, has been published in said
Sedan 14,T4N,R6OW
of the 6th P.M.,Weld weekly for_ successive weeks, that the notice
Carty,Colorado. was published in the regular and entire issue of every
TYPE AND INTENSITY number of the paper during the period and time of
OF PROPOSED USE: publication, and in the newspaper proper and not in a
Onion storage supplement, and that the first publication of said notice
warehouse. was in saidpaper bearing the date of the
LOCATION : _' -4H
Approximately 1.5 miles day of // , A.D., 19?-5 and
northeast of Giicrest, the last publication bearing the date of the
approximately 3 miles
southwest of La Salle,
north and adjacent to day of A.D., 19_ and
Weld County Road 44 that the said WINDSOR BEACON has been published
and east of Highway IN. continuously and uninterruptedly for the period of 5
SIZE:7.60 acres,more consecutive weeks, in said County and State, prior to the
a less date of first publication of said notice,and the same is a
will hewing newspaper within the meaning of an Act to regulate
The public
held In the g wel printing of legal notices an advertisements, approved
eld
Count/Commissioners' May 18, 1931,and all prior is ar as in force.
loor, Room, FirstCounty
/
Floor, Weld County
Centennial Center,815
Tenth Street,Greeley,
Colorado.Comments or LISHER
ohjecans related to the
above request should rn - & t d
be submitted in writing Subs d and sue rte to before me this_ er y
to the Weld County of 19 93
Department of Planning r /)�A. ' J✓'LLi�n.rsz6
Services, 1400 N. 17th _. '(�J/!/l
lorad Greeley, NOTARY PUBLIC
Colorado 80631,
before the above date or presented at the public My commission expires )36q
a i f /q 6,
hearing on December
21,1983.
Copie of the
don are available
oc inspsetion in
the Department of
Planning Services,1400.
N. 17th Avenue,
Greeley, Colorado
80691 - Phone-353- ff�� �1tt----�� t�9845,Etywirt96W. o �y X1� ...Rir.
Judy Yamaguchi, - 1 vlf `i IIII ,
Chairperson. Weld NOV 3 1 1993 j Canty Planning
411
1Nrl,i f!nurstw Planning
S11oMM In the
Windom r III a p on
940124
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