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RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIRMAN TO SIGN -
SIMPSON FARMING COMPANY, C/0 GARY SIMPSON
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, by Resolution on June 13, 1979, the Board did grant approval for
a livestock confinement operation under Special Use Permit No. 387 to Gary
Simpson, on property being more fully described as:
NW* of Section 26, Township 8 North, Range
65 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, the Board has been presented with a Memorandum of Understanding
between Simpson Farming Company, c/o Gary Simpson, and the Board of County
Commissioners, commencing October 9, 1991 and ending December 31, 1992, with the
further terms and conditions being as stated in said Memorandum of Understanding,
and
WHEREAS, after review, the Board deems it advisable to approve said
Memorandum of Understanding, a copy of which is attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Understanding between Simpson Farming
Company, c/o Gary Simpson, and the Board of County Commissioners be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Memorandum of Understanding.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 9th day of October, A.D. , 1991.
ATTEST: Adzia, BOARD OF COUNTY COMMISSIONERS
WELD COUNT ,� LORADO
Weld County Clerk to the Board ft
Gordo . �ac 'h�.:rman
Deputy Clerk to the Bo Geo a Kenne• , Pro-Tem
APPROVED AS TO FORM: i
Constance L. Harbert
6 '�Z.
/614 ,tit
ounty Attorney C. W. Kirby
P . foa,d(24?
W. H. Webster
1 911202
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MEMORANDUM OF UNDERSTANDING
THIS MORANDUM OF UNDERSTANDING is signed this �� day of
� Q � , 1991, by and between the Board of County
Commissioners of Weld County, Colorado, whose address is 915 Tenth
Street, Greeley, Colorado 80631, hereinafter referred to as
"BOARD, " and the Simpson Farming Company, c/o Gary Simpson, whose
address is 21826 Weld County Road 88, Ault, Colorado 80610,
hereinafter referred to as "COMPANY. "
WITNESSETH:
WHEREAS, Company is the permitee pursuant to Special Use
Permit No. 387 for property located in part of the NW4 of Section
26, Township 8 North, Range 65W of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, said Special Use Permit No. 387 is for a livestock
confinement operation, and
WHEREAS, Company now desires to keep, raise, and board
alligators at said property in order to determine the feasibility
of growing alligators at this altitude and climate within an
enclosed building, and
WHEREAS, the Weld County Department of Planning Services
believes that said use is not a use allowed by right in the A
(Agricultural) zone district, pursuant to Section 31 .4 . 10 of the
Weld County Zoning Ordinance and constitutes a material deviation
from the Plan' s development standards approved for Special Use
Permit No. 387, and
WHEREAS, Board now believes that despite the apparent
violation of the Weld County Zoning Ordinance and the material
deviation from the Plan's Development Standards approved for said
special use, the determination of the feasibility of growing
alligators at this altitude and climate within an enclosed building
is worthy of continuation on a temporary basis in order to further
agricultural knowledge and understanding in Weld County, Colorado.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto as agree as follows:
1. TERM: This Memorandum of Understanding shall
continue from the date of signing as set forth below to and until
December 31, 1992, unless terminated earlier pursuant to the
termination provisions contained in Section 2 . , below.
2 . TERMINATION: Board may terminate this Memorandum
of Understanding at any time upon thirty (30) days written notice
to Company, or, upon ten ( 10) days written notice if Board
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determines that any of the terms and conditions set forth herein
are not met by Company.
3 . KEEPING, RAISING, AND BOARDING OF ALLIGATORS:
Company intends to keep, raise, and board alligators for the
purpose of determining the feasibility of growing alligators at
this altitude and climate within an enclosed building. Said use
shall occur on property within Special Use Permit No. 387 and
located in part of the NW4 of Section 26, T8N, R65W of the 6th
P.M. , Weld County, Colorado, hereinafter referred to as "the
property. "
A. COMPANY AGREES:
1) That said use is not a use allowed by
right in the A (Agricultural) zone
district, pursuant to Section 31.4 . 10 of
the Weld County Zoning Ordinance.
2) That said use is a material deviation
from the plans and development standards
approved for Special Use Permit No. 387 .
3) To abide by all of the terms and
conditions set forth herein during the
term of this Memorandum of Understanding.
4) To apply for an amendment to Special Use
Permit No. 387 for the purpose of
modifying said Special Use Permit to
include keeping, raising, and boarding of
alligators on said property no later than
October 1, 1992, if Company desires to
continue said use on said property at any
time after December 31, 1992 .
5) To apply for all necessary building
permits for the building to be used to
keep, raise, and board the alligators.
6) That said use shall discontinue on
January 1, 1993, if Company has not
applied for and has been granted an
amendment to Special Use Permit No. 387
to allow the keeping, raising, and
boarding of alligators in the A
(Agricultural) zone district on said
property. However, the building may
remain after December 31, 1992, even if
the amendment is not granted as long as
it has received the necessary building
permits and as long as its use is a use
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permitted by Special Use Permit No. 387 .
B. BOARD AGREES:
1) That it shall refrain from ordering the
Weld County Attorney to take legal action
against Company and/or Gary Simpson for
violating the Weld County Zoning
Ordinance by keeping, raising, and
boarding alligators on said property and
for materially deviating from the plans
and development standards approved for
Special Use Permit No. 387 without
obtaining an amendment to said Special
Use Permit as long as this Memorandum of
Understanding is in effect.
C. CONDITIONS:
1) Company may keep, raise, and board
alligators on the above stated property
as long as the following conditions are
met:
a) Dead animals must be stored in a
refrigerated room at all times to
reduce the potential for
putrefication and deterioration.
b) The lagoons which receive drainage
from the buildings in which the
alligators are kept, raised, and
boarded need to be sufficiently
lined so as to reduce the potential
infiltration of pollutants into the
ground water table. Said lining
must be such that it has an
infiltration rate that is equal to
or less than 1 x 10-' cm. /sec.
c) Company receives the requisite
building permits as stated in
Section 3 .A.5 above.
d) Company shall, prior to the signing
of this Memorandum of Understanding
by Weld County, obtain and provide
to Weld County the written approval
of all property owners who own the
land surrounding the property
described above.
3
(1)11e;),rD D
D. ASSIGNMENT:
1) This Memorandum of Understanding is
solely for the purpose of temporarily
allowing the Company to keep, raise, and
board alligators on the above stated
property. This license shall extend to
no person or entity other than Company.
This Memorandum of Understanding may not
be assigned or transferred by Company.
4 . NO VESTED PROPERTY RIGHT: The parties agree and Company
expressly acknowledges and understands that the signing of this
Memorandum of Understanding by the Board in no way creates a vested
property right to keep, raise, and board alligators on the
property, pursuant to Sections 24-68-101, et. seq. , C.R.S.
Signed this (P day of ( )C J2)-tlai , 1991 .
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: er : / By:
D puty Cito the Boar G E. , Chairman
SIMPSON FARMING COMPANY
r
BY: a Z eL
Gary impson/ Presi ent
airbBSCRIBEDT AND SWORN w before me this day of
�• r- , 1991, by elUr 5ifyI pSQV1__
sc y
/..%V� -- ft..re_WITNESS my hand and official seal.
••� it-•
Notary bli
My commission expires : M fl expires October 15 1994.
mmunders .bap y=mission
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September 19, 1991
WeZd County PZanning and Zoning
915 10th
Greeley Co 80631
We the undersigned have been contacted by Gary Simpson concerning
the SUP# 387 located on the NW4 of Section 26-8-65, concerning his
desire to test the feasibility of raising alligators on this SUP#387.
We understand this test wiZZ onZy run for one year and the alligators
wiZZ be removed by December 31, 1992. We understand sufficient
steps wiZZ be taken by Mr. Simpson to prevent any alligators from
getting out of the proposed building. We further understand this
buiZding may be used for hogs after December 31, 1992. We have no
objections to this test or the building.
/7
6,e/.717Lo
September 19, 1991
Weld County PZanning and Zoning
915 10th
Greeley Co 80631
We the undersigned have been contacted by Gary Simpson concerning
the SUP# 387 located on the NW4 of Section 26-8-65, concerning his
desire to test the feasibility of raising alligators on this SUP#387.
We understand this test will onZy run for one year and the alligators
will be removed by December 31, 1992. We understand sufficient
steps will be taken by Mr. Simpson to prevent any alligators from
getting out of the proposed buiZding. We further understand this
buiZding may be used for hogs after December 31, 1992. We have no
objections to this test or the buiZding.
______ _
2'3 2'4 7 fik;i147
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September 19, 1991
Weld County Planning and Zoning
915 10th
Greeley Co 80631
We the undersigned have been contacted by Gary Simpson concerning
the SUP# 387 located on the NWQ of Section 26-8-65, concerning his
desire to test the feasibility of raising alligators on this SUP#387.
We understand this test will only run for one year and the alligators
will be removed by December 31, 1992. We understand sufficient
steps will be taken by Mr. Simpson to prevent any alligators from
getting out of the proposed building. We further understand this
building may be used for hogs after December 31, 1992. We have no
objections to this test or the building.
art '- -2,414,/,
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C� ��` Gy R ‘-y-
September 3, 1991
WeZd County PZanning and Zoning
915 10th
GreeZey Co 80631
RE: proposed buiZding 13 '2" X 16 '6"
This confinement buiZding located on
wiZZ be used to test the feasibility of growing out alligators
at this aZtitude and climate in a totally encZosed buiZding.
We wiZZ be testing different diets consisting of dead hogs
and dead poultry. This ground feed wiZZ be kept frozen untiZ
fed to eZeviate odor. Presently dead animals are starting
to be a problem in the Ag industry and we think this might be
an answer to an environmental problem.
We will be working very closely with the Fish and WiZd Life
people. Who will monitor the care of the gators. We wiZZ
take all precautions to prevent the escape of the gators such
as 4 foot high walls and a chain Zink fence around the buiZding.
We pZan to use North WeZd County Water and all drainage from
the buiZding wiZZ fZow to exsisting Zagoons.
We pZan to onZy use this buiZding for one year at this time.
If all tests show this as a feasible alternative to buriaZ
as a means of disposing of dead animals and birds we pZan
to persue the idea on a Zarger scaZe at a different Zocation
with a new speciaZ use permit.
Thank you, ;
Ga,kldi• on,f/�President
Siso rmi g Company
enc: Site pZan
:? 0 J 1991
Weld County Planning
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Y�` To Department of Planning Svs Date Sp tember 5, 1991
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�� �J/COLORADO From Wes Potter, Dirertnr, Fnvirnnmental Prntertinn Cervixes v "jJ'��
Subject: Proposed 411 i gator Rearing Fari 1 i ty
•
The staff has reviewed the limited materials submitted describing the Alligator
Rearing Facility on Weld County Road 90 in north Weld county. Two specific
concerns that the staff has with regard to the facility are: A) the storage of
dead animals on the site. Dead animals should be stored in a refrigerated room
at all times to reduce the potential for putrification and deterioration; B) the
lagoons which receive drainage from the buildings need to be sufficiently lined
so as to reduce the potential for infiltration of pollutants into the ground
water table. We recommend that these lagoons be lined so as to have an
infiltration rate that is equal to or less than 1 x 10-7 cm/sec.
There do not appear to be any additional permits that would be required by the
Health Department other than a Special Use Permit.
WP/lam-406
"\[1:1C3 G c17 q5":°I
5Ep 0 5 1991
Veld Get PtVn^,n3
n -
I & DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
' De.
COLORADO
September 4, 1991 .
Gary Simpson
Simpson Farming Company
21826 Weld County Road 88
Ault, Colorado 80610
Subject: Expansion of Special Use Permit to include alligators located in
part of the NW4 of Section 26, T8N, R65W of the 6th P.M. , Weld
County, Colorado.
Dear Mr. Simpson:
Thank you for your letter dated September 3. The Department of Planning Services
staff has reviewed your information on locating alligators on your property. The
purpose would be to determine the feasibility of growing alligators at this
altitude and climate within an enclosed building. The staff has determined
that the keeping, raising, boarding of exotic animals (Section 31.4.10 of the
Weld County Zoning Ordinance) is not a use allowed by right in the A
(Agricultural) zone district and a material deviation from the plans and
development standards approved for Special Use Permit #387.
Prior to the release of building permits for the construction of the facility and
prior to locating alligators on your property, a special review permit must be
approved by the Board of County Commissioners .
Please review the application materials and the September 5 memo from the Weld
County Health Department enclosed with this letter, then call me to set up an
appointment to review the application process and answer any questions that you
might have.
Respectfully,
ill./"----
A. c G v
Current Planner
pc: SUP #387
Enclosure
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