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Home My WebLink About920449.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM C-3 (COMMERCIAL) TO 1-3 (INDUSTRIAL) FOR W.S.W. , INC. , C/O THOMAS E. SELDERS 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, a public hearing was held on the 1st day of June, 1992, at 9:00 a.m. for the purpose of hearing the application of W.S.W. , Inc. , c/o Thomas E. Selders, P.O. Box 1290, Greeley, Colorado 80632-1290, requesting a Change of Zone from C-3 (Commercial) to I-3 (Industrial) for a parcel of land located on the following described real estate, to-wit: Part of the Wi of Section 29, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Thomas Selders, and WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 21.7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Goals and Policies. The City of Greeley Planning staff has reviewed this request and has commented that the proposed use may be acceptable with appropriate design controls. Design controls would be addressed as part of the site plan review process. b. The uses which would be allowed on the property by granting the Change of Zone request will be compatible with the surrounding land uses which include railroad, steel fabrication, and a livestock confinement operation. 920449 PL0865 9Lo P , FL, RPs CHANGE OF ZONE FROM C-3 TO I-3 FOR W.S.W. , INC. , C/O SELDERS PAGE 2 c. Adequate water and sewer service is available to the site. The site can be served by North Weld County Water District and a septic system. d. Weld County Road 66, which provides access to the property, is of adequate size to meet the requirements of the proposed zone district. e. The proposed Change of Zone site is located in the Weld County Airport Overlay District. A note on the Change of Zone plat will address compliance with the overlay district requirements. f. No known commercial mineral deposits are located on the site. g. The soil conditions on the site are such that they do not present moderate or severe limitations to the construction of structures or facilities proposed for the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of W.S.W. , Inc. , c/o Thomas E. Selders, for a Change of Zone from C-3 (Commercial) to 1-3 (Industrial) on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. The Change of Zone plat map shall be submitted to the Department of Planning Services within 30 days of approval by the Board of County Commissioners for recording. 2. Prior to recording, the following notes shall be placed on the Change of Zone plat: a. The property shall be operated in compliance with the Weld County Airport Overlay District requirements. b. A site plan review is required for this site in accordance with Section 23 of the Weld County Zoning Ordinance. 920449 CHANGE OF ZONE FROM C-3 TO I-3 FOR W.S.W. , INC. , C/O SELDERS PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D. , 1992. gd t� ✓ate BOARD OF COUNTY COMMISSIONERS ATTEST: WELD C UNTY, COLORADO Weld County Clerk to the Board (\l IA �/) 1 n Geor e Ke edy, Chairman / BY: I� JV IX X�' I'' U It I I� ( ' it�.�.P aA�P-eV Deputy lerk to the Board Constance L. Harbert, ro-Tem APPROVED AS TO FORM: "2444-5/ C. W. Ki y a County Attorneyf-- Gordo . Lac W. H. ebster 920449 HEARING CERTIFICATION DOCKET NO. 92-22 RE: CHANGE OF ZONE FROM C-3 (COMMERCIAL) TO I-3 (INDUSTRIAL) FOR W.S.W. , INC. , C/O THOMAS E. SELDERS A public hearing was conducted on June 1, 1992, at 9:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated April 27, 1992, and duly published April 30, 1992, in the New News, a public hearing was conducted to consider the request of W.S.W. , Inc. , c/o Thomas E. Selders, for a Change of Zone from C-3 (Commercial) to I-3 (Industrial) . Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, entered the favorable recommendations of the Planning Commission and the Planning staff into the record. Thomas Selders represented the applicant and stated W.S.W. is owned by Big R Manufacturing and Distributing. Said Change of Zone will allow Big R to lease the subject property for steel fabrication. Said property is currently owned by Union Pacific Railroad, with a contract to buy contingent upon approval of this Change of Zone. In response to questions from Commissioner Lacy, Mr. Selders said North Weld Water District will supply water to the site, and a well is also available. Glenn Billings explained the main purpose of the well is for vegetation, grass, etc. The use for manufacturing would be very minimal, if used at all for that purpose. Ms. Swanson clarified that it is not legal to use said well for industrial purposes. Mr. Billings answered further questions of the Board concerning accesses and spurs. There was no public testimony offered concerning this matter. Ms. Swanson confirmed that outside storage will still be allowed. Commissioner Lacy moved to approve the request of W.S.W. , Inc. , c/o Thomas E. Selders, for a Change of Zone from C-3 (Commercial) to I-3 (Industrial) , based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Webster, and it carried unanimously. This Certification was approved on the 3rd day of June, 1992. Jf��. ,�, F APPROVED: e4A 4',4/9 /' ATTEST: � /�'v{/G21Ly'y( BOARD OF COUNTY COMMISSIONERS WELD COU TY, COLORADO Weld County Clerk to the Board By: \SI/v..0h i onah,0 Ge ge Kenn y, Chairman (/ Deputy] Jerk to the Board Constance L. Harbert, Pro-Tem TAPE #92-18 C. W. Kirby DOCKET #92-22 gw Gor L cy PL0865 � ' W. H. e� A\iJD X` 920449 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 1st DAY OF June 1992: DOCKET # 92-17 - Create Weld County Road 32 Local Improvement District #1992-1 DOCKET II 92-18 - Create Weld County Road 34 Local Improvement District #1992-2 DOCKET # 92-21 - Change of Zone - Edson, Jack E. and Marjorie, c/o Jake Edson DOCKET 0 92-22 - Change of Zone - W.S.W. , Inc. , c/o Thomas E. Selders PLEASE write or print your name legibly, your address and the DOCKET R (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING (9/tJ oy6.t— /917 :74)9� d s D z o Vs/A�G -14- ry o,z'71,/4 6 rear, e v ,J z,,,r) c O G- / >, • !, r ill?I/ 9 cvc R 6 G A if. ,3 rn k AIli/6r/0C 04 OQ/6--, 0v iv SW C? it r»9.eZ,,•rte c'3 To 13 /9yr- zs>4 ,51,,6Lr/�u at..O1.44,...., =•xlz4,tt� 4;•e:t:c.ry eo . /n/ /a Toro cdc.R 7 �� l //J f i)AIJvr\ Calf n.-,C.a die• "&- ( c or, /3 /o7c' , s) cn7 to 2 ass- 4o wt - 0_Wex$s.rA) C•aO..\`,vcQk\sg 4-4sA.Cc 4_ ut_sFcc qo WSLU 3Cli 1.9 11 \y MIIIII DEPARTMENT OF PLANNING SERVICES I" PHONE(303)3564000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 rnl COLORADO ,(tf, JUN 177_ j ASE NUMBER: Z-471 April 17, 1992 � lL TO WHOM IT MAY CONCERN: 1, t,;,'s�a ... Enclosed is an application from WSW, Inc. , c/o Thomas E. Selders for a Change of Zone from C-3 (Commercial) to I-3 (Industrial) . The parcel of land is described as part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles north of the City of Greeley, south of Weld County Road 66, 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 May 1, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, 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. )4. We have reviewed the request and find no conflicts with our interests.l.1/4.K.,c COY.Pvi +'.Z`.t iN)¢Rci c es-se2)-41Yk `e ase.-eMII'•CS 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: 2C/L 13 COMMUNITY DEVELOPMENT / City Of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 , Greeley May 28, 1992 Lanell J. Swanson, Current Planner ✓; Vi)f Weld County Department of Planning Services (y'a v C 915 10th Greeley, Street COCO80631 eEtt �l992 RE: Weld County Case Z-471 ofl4a414 4D Dear Lanell: The Greeley Planning Commission, at its regularly scheduled meeting on May 26, 1992 , considered the application by WSW for a change of zone from C-3 (Commercial) to I-3 (Industrial) . The Greeley Planning Commission determined in a 5-0 vote that the request to rezone is consistent with the City of Greeley of Comprehensive Plan as long as there is appropriate design controls to insure that there is no negative visual impact on US Highway 85. The Planning Commission's concern for visual impact is that U.S. 85 is a major thoroughfare and entryway into Greeley and the Greeley Comprehensive Plan encourages the enhancement of the visual appeal of the city with a special emphasis on entryway and thoroughfares. The Weld County I-3 zoning is intended to provide a zone to accommodate industrial uses which may create adverse visual impacts for adjacent uses. Further, the Weld County I-3 zone does not have landscaping, buffering or screening performance standards. The Greeley Planning Commission is comfortable with Big R as a developer and neighbor. The Planning Commission is concerned, however, with the potential of subsequent users of this site with no landscape, buffering or screening performance standards. The Greeley Planning Commission recommends that any high impact uses located at entryway or along major thoroughfares have design controls that will insure good site design plus provide an effective screen and buffer from Highway 85. Thank you for the opportunity to review and comment on this item. If you have any questions please feel free to contact me. incer 040T,9- ty othe Greeley Planning Commission Chair 22e419 • �S DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET U� �� GREELEY,COLORADO 80631 e MAYEi COLORADO we!r:oa,-°Planning April 17, 1992 CASE NUMBER: Z-471 TO WHOM IT MAY CONCERN: Enclosed is an application from WSW, Inc. , c/o Thomas E. Selders for a Change of Zone from C-3 (Commercial) to I-3 (Industrial) . The parcel of land is described as part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles north of the City of Greeley, south of Weld County Road 66, 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 May 1, 1992, so that we may give full consideration to your recommendation. Please call Lanell S. Swanson, 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: (- � ,c./ )/e;znitt' l9 Agency: 1/VZa.-7/ (7202-47/., S Date: s/iy 2 Cr7Tt 11011 1i • COMMUNITY DEVELOPMENT City of y 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley/ o ) May 15, 1992 MAY 1 > 1992 Weld :01x4.,`'412n:np Lanell J. Swanson Weld County Planning Department 915 10th Street Greeley CO 80631 Dear Lanell: The City Planning staff has reviewed the Weld County Referral for WSW, Inc. , for a change of zone from C-3 to I-3 for lands located in the west half of Section 29, Township 6N, Range 65 W, of the Sixth PM, Weld County, Colorado. It is the opinion of the City Planning staff that while the proposed I-3 zone district is not consistent with the City of Greeley's Comprehensive Plan, the proposed use may be acceptable with appropriate design controls. Such design controls would need to provide effective screening and buffering from Highway 85. This item is scheduled for Planning Commission' s review and consideration on May 26, 1992. Upon conclusion of Planning Commission' s review, we will forward to you an official City recommendation for this item. I hope this opinion of Planning staff is helpful to you in the interim. Sincerely, Stephen V. Hill, AICP Planning Administrator kb C 19 l+ . L+ [7 l _ P'COVEC APR 1 7 "32 ,, c,rn\\ 0 \I);\ ) 1 1t `( DEPARTMENT OF PLANNING SERVICES 91a,,�,n9 s1 �O�n'E`t 91510th STREET y,ea GREELEY,COLORADO 80631 III C. COLORADO April 17 , 1992 CASE NUMBER: Z-471 TO WHOM IT MAY CONCERN: Enclosed is an application from WSW, Inc. , c/o Thomas E. Selders for a Change of Zone from C-3 (Commercial) to I-3 (Industrial) . The parcel of land is described as part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately .5 miles north of the City of Greeley, south of Weld County Road 66, 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 May 1, 1992, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, 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. lea e r to the enclosed letter. Signed:��C, r.�� Agency: _,.c1,... c e - :c� c\,( Date: 5(0 (47 47 r^*„r i / /' < l I 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. 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 1i 2'- y7/ THE SIGN WAS POSTED BY: Th42,400S E SFL£ c2es NAME OF PERSON POSTING SIGN w5u/, SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS Mak DAY OF '/ '(cry , 19 7�' 6 SEAL NOTARY P BLIC MY COMMISSION EXPIRES 9-la- 9d LAST DAY TO POST SIGN IS: 2 / 19 9 a . PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. U � MAY 2 1 1992 Weld County Panning • WELD Cann SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETINGC O.?.i; 1992 }iV( 22 LU 2: 08 May 19 ]_9�2 CLE, TO THE A regular meeting of the Weld County Planning Commission was held May 19 , 1992, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called co order by the Chairman, Bud Clemons at 1: 30 p.m. Tape 413 Roll Call Richard Kimmel Present Jean Hoffman Present Tom Rulon Present Bill O'Hare Present Judy Yamaguchi Present LeAnn Reid Absent Don Feldhaus Present Shirley Camenisch Present Bud Clemons Present Also present: Lanell Swanson, Current Planner, Department of Planning Services , Lee Morrison, Assistant County Attorney, Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission, held on April 21, 1992, was approved as read. CASE NUMBER: Z-471 NAME: WSW, Inc. , c/o Thomas E. Selders ADDRESS : P.O. Box 1290, Greeley, CO 80632-1290 REQUEST: A Change of Zone from C-3 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of the City of Greeley; south of Weld County Road 66, east of Highway 85 . Thomas Selders , representative, WSW, Inc. , explained this company is currently under contract with Union Pacific Railroad to purchase the property for a steel fabrication facility. The request for the 1-3 (Industrial) zoning is to expand their operation since they no longer have enough room at their present site. The proposed property (18 .29 acres) will allow enough room to work on steel beams needed for bridges. Most of the work is done inside, other than a small amount of outside storage. 9:71,/7 Exhi6l+ 61 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 19, 1992 Page 2 Bud Clemons asked about the number of employees. Thomas Selders said they currently have 45 employees on the payroll. 12 to 15 of these employees will relocate to the new site. Jean Hoffman asked if Weld County Road 66 will be the only access road into this property. Thomas Selders said yes. Don Feldhaus asked Lanell Swanson where the closest I-3 (Industrial) zoning to this property is. Lanell Swanson said directly southeast of this property is also zoned 1-3 . She then read from the Weld County Comprehensive Plan what types of uses I-3 (Industrial) zoning entails. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Jean Hoffman moved Case Number Z-471, WSW, Inc. , be forwarded to the Board of County Commissioners with the Planning Commissions' recommendation for approval based on the staff' s recommendation. Motion seconded by Don Feldhaus. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Don Feldhaus - yes ; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: Z-468 NAME: Weld County Board of County Commissioners. ADDRESS: 915 10th Street, Greeley, Colorado 80631. REQUEST: A Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) and C-3 (Commercial) to R-1 (Low Density Residential) . LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 SW4 of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately one mile east of the City of Greeley; south of Highway 34 and east of Cherry Avenue. The Chairman explained the County is the applicant in this case. He asked if there was anyone in the audience who wished to speak for or against this application. Carl Luther explained he has been in the farm equipment, repair, sales and storage business at this location since 1954. He said the present zoning changes on a line running directly through his existing building. Lanell Swanson explained this request will be to align zoning with the property boundaries in this area. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMI/SSION''."'"' ' RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY I 31I '; S'S2ONEn 8: 57 Moved by Jean Hoffman that the following resolution be introduced fGE ' sae by the Weld County Planning Commission. Be it resolved by the WelJTQ6o intj2l'}}d ing Commission that the application for: CASE NUMBER: Z-471 NAME: WSW, Inc. , c/o Thomas E. Selders ADDRESS: P.O. Box 1290, Greeley, CO 80632-1290 REQUEST: A Change of Zone from C-3 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of the City of Greeley; south of Weld County Road 66, 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 21.7 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 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary goals and policies. The City of Greeley Planning staff has reviewed this request and has commented that the proposed use may be acceptable with appropriate design controls. Design controls would be addressed as part of the Site Plan Review process. The uses which would be allowed on the property by granting the change of zone request will be compatible with the surrounding land uses which include railroad, steel fabrication, and a livestock confinement operation. Adequate water and sewer service is available to the site. The site can be served by North Weld County Water District and a septic system. Weld County Road 66, which provides access to the property, is of adequate size to meet the requirements of the proposed zone district. Sert " 9 cxh;br+--�- RESOLUTION, Z-471 WSW, Inc. , c/o Thomas E. Selders Page 2 The proposed change of zone site is located in the Weld County Airport Overlay District. A note on the change of zone plat will address compliance with the overlay district requirements. No known commercial mineral deposits are located on the site. The soil conditions on the site are such that they do not present moderate or severe limitations to the construction of structures or facilities proposed for the site. 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 change of zone plat map shall be submitted to the Department of Planning Services within 30 days of approval by the Board of County Commission for recording. 2. Prior to recording, the following notes shall be placed on the change of zone plat: The property shall be operated in compliance with the Weld County Airport Overlay District requirements. A site plan review is required for this site in accordance with Section 23 of the Weld County Zoning Ordinance. Motion seconded by Don Feldhaus. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Bill O'Hare Judy Yamaguchi Don Feldhaus Shirley Camenisch Bud Clemons 9 .71 RESOLUTION, Z-471 WSW, Inc. , c/o Thomas E. Selders Page 3 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning commission, do hereby certify that the above and foregoing Resolution, is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on May 19, 1992.0D ted the 19th f May, 1992. �c � V Sharyn F. Ruff Secretary INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: WSW, Inc. Case Number: Z-471 Submitted or Prepared Prior to At After Hearing Hearing Hearing 1. Application 18 Pages X 2. 1 Application plat 2 pages X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 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. April 30, 1992, referral from Weld County X Health Department 12. April 22, 1992, referral from Weld County X Health Department 13. April 28, 1992, referral from State Department X of Transportation 14. Board of County Commissioners Resolution X granting preadvertisement 15. Board of County Commissioners Notice of Hearing X 16. April 17, 1992, letter to applicant X 17. Planning Commission Sign Posting Certificate X 18. May 21, 1992, referral from State Engineers Office X I hereby certify that the 18 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 May 22, 1992. dent P an et- STATE OF COLORADO ) COUNTY OF WELD I SUBSCRIBED AND SWORN TO BEFORE ME THIS Q91 day of 19610—' SEAL ' 4 NOTAR PUBLIC My Commission expires November 21,1995 2: i :G My Commission Expires • u- `'• • C) = r ) • Jr . tr -FE "e/419 /� EXHIBIT INVENTORY CONTROL SHEET Case Cal LJ S.W.. lam, a o IL/tt1An �1rrno.O E. Exhibit Submitted By Exhibit Description A. (/,►(�',L�.F�1Y.f1�!, /C,, (y7��,,.D. 7h .nom/Il._�LCIF 4/aii B. l Llh .c u Sold //[l� fl1)d. AY.. Oht i'I( d(�(,t•.C� G. Ceh"� -{a, ,mod. y?atide; S M n(f� 4/49 D. LintLfo . ate 9t4� egad Art 51,1Q E. "`' (41v nt°z`t ly t ni At,vittte/C-- 5/9 a F. 0_` nnrvia/pi ilao-gut. 4.,e n.Lnaf to—) H. Oplliteantit, Pig 6/11 I. Lt.? n fi� . 7� J. n r41 al F_P L'u _-<'. 1\ JJ / I L. 4/ M. - l6/of�ir°�/�!4-pL -t:j' /)` /'; t A .r 1,F /', N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 3204 19 COLo ROY ROMER �� - HAROLD (HAL) D. SIMPSON Governor Acting State Engineer *18 78 */ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303]866-3589 May 18, 1992 Ms. Lanell J. Swanson Weld County Department of Planning Services 910 10Th Street Greeley, CO 80631 Re: WSW Inc. Change of Zoning, Z-471 Sec. 29, T6N, R65W, 6TH PM W. Division 1, W. District 3 Dear Ms. Swanson: We have reviewed the above referenced application to change the zoning of an 18.29 acre parcel to allow a steel fabricating facility. No information was provided on the projected water requirements. The North Weld County Water District has indicated they can provide water service to the property. The applicant states that a well on the property will be used for irrigation and any industrial uses. Our records do not indicate a permitted well at this location, however there may be one decreed well on the site, the Adams Number 1 Well. This well is decreed for irrigation use. Any industrial use will require an amended decree. Additionally the Adams Number 1 well has a junior decree and will require some plan to replace stream depletions. We cannot comment on the adequacy of the water supply until the applicant provides an accurate estimate of total water use and provides detailed information on the well they propose to use. If you have any questions in this matter, please contact me. Sincerely, JIL) SLA AA/ John Schurer, P.E. Senior Water Resource Engineer JS/wswinc cc: Alan Berryman, Division Engineer Bruce DeBrine o . r�1r � 1V/ Si MAY 2 1 1992 C-3 Weld County Planning Date: May 19, 1992 CASE NUMBER: Z-471 NAME: WSW, Inc. , c/o Thomas E. Selders ADDRESS: P.O. Box 1290, Greeley, CO 80632-1290 REQUEST: A Change of Zone from C-3 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of the City of Greeley; south of Weld County Road 66, 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 application requirements of Section 21.7 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 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary goals and policies. The City of Greeley Planning staff has reviewed this request and has commented that the proposed use may be acceptable with appropriate design controls. Design controls would be addressed as part of the Site Plan Review process. The uses which would be allowed on the property by granting the change of zone request will be compatible with the surrounding land uses which include railroad, steel fabrication, and a livestock confinement operation. Adequate water and sewer service is available to the site. The site can be served by North Weld County Water District and a septic system. Weld County Road 66, which provides access to the property, is of adequate size to meet the requirements of the proposed zone district. 32C 19 RECOMMENDATION, Z-471 WSW, Inc. , c/o Thomas E. Selders Page 2 - The proposed change of zone site is located in the Weld County Airport Overlay District. A note on the change of zone plat will address compliance with the overlay district requirements. - No known commercial mineral deposits are located on the site. The soil conditions on the site are such that they do not present moderate or severe limitations to the construction of structures or facilities proposed for the site. 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The change of zone plat map shall be submitted to the Department of Planning Services within 30 days of approval by the Board of County Commission for recording. 2. Prior to recording, the following notes shall be placed on the change of zone plat: The property shall be operated in compliance with the Weld County Airport Overlay District requirements. A site plan review is required for this site in accordance with Section 23 of the Weld County Zoning Ordinance. Date: May 19, 1992 CASE NUMBER: Z-471 NAME: WSW, Inc. , c/o Thomas E. Selders ADDRESS: P.O. Box 1290, Greeley, CO 80632-1290 REQUEST: A Change of Zone from C-3 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of the City of Greeley; south of Weld County Road 66, 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 application requirements of Section 21.7 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 21.5 of the Weld County Zoning Ordinance as follows: The uses which would be allowed on the property-41V L granting the change of zone request will be compatible, a with the surrounding land uses which include railroad '%, steel fabrication, and a livestock confinementoperation N. 44 Adequate water and sewer service is :available to the. site. The site can be served by North! Weld County,',Water District and a septic system Weld County Road 66, which^..provides access to the property, is of adequate size to=,meet thefequirements of the proposed zone distCtat. . 4c 4i,4 c� The proposed chanp4mof zone; .,site Ais located in the Weld County Airport OvezlayyDiS:tri'btir' A note on the change of zone plat will address cmpliance with the overlay district requirements No known commercial mineral deposits are located on the site. RECOMMENDATION, Z-471 WSW, Inc. , c/o Thomas E. Selders Page 2 The soil conditions on the site are such that they do not present moderate or severe limitations to the construction of structures or facilities proposed for the site. 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The change of zone plat map shall be submitted to the Department of Planning Services within 30 days of approval by the Board of County Commission for recording. 2. Prior to recording, the following notes shall be placed on the change of zone plat: The property shall be operated in compliance with the Weld County Airport Overlay District requirements. A site plan review is required for this site in accordance with Section 23 of the Weld County Zoning Ordinance. arti" ADDITION TO PRELIMINARY COMMENTS The City of Greeley Planning Commission will not address this issue until its May 12 meeting. The City of Greeley's recommendation will be addressed in the final staff recommendation on May 19. LAND-USE APPLICATION SUMMARY SHEET Date: May 12, 1992 CASE NUMBER: Z-471 NAME: WSW, Inc. , c/o Thomas E. Selders ADDRESS: P.O. Box 1290, Greeley, Colorado 80632-1290 REQUEST: A Change of Zone from C-3 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of the City of Greeley; south of Weld County Road 66, east of Highway 85. SIZE OF PARCEL: 18.29 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposed Change of Zone is listed in Section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received recommendations from the following referral entities: 1. Weld County Health Department. 2. Colorado Department of Transportation. No objections have been received from surrounding property owners. :�1 ,;i ' I -�� I Y ' -1 CMS :w:• 11 •• .. ( • -.l '^1:_ ••7 /1:7_'-°LV:—\-- S, • \r"::'''"`•'1 p: �i. r▪ �.wt� C.l�; .�/,. 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Y`"'l,.i i s z ;+"a ' ` 4,1"' ibit" ry" fib;- c 14 IS ,. .,+ x a , f—' t, '4xFX''.. zG a G --:,..t• y�7sT"' r` ,'.: 4 1p+ - } L m y`.13,'1 u`r r' " i. 2 s'`,4.,,e, 1i "+A aY. ...14.1;y ^4`b 'uy"x f# r .{ _F y'r, T } v$T° b: Y i - knt 'gip( '�_-- u• ,,M.t _Fi' + .x, a*M1. " 1 ' "^b'Si :r• x sx4 a 'S > b,�.: " � '`< J '�44% P'4 r�z+ {�, it ' i �Y..y c s 'Y ;#_t4 , t 4.- .hb'. { yyy k $a '$'.<.z:' 'i4.-"a„<i # Y₹a f[Ma ¢^, yr y,e•"S`yz, K , y,O sway. ,.w *" . { ,+�rF .i3, `va-X,x•, ,7 ,yu{, �''"i 44 �+ _+.. A�� , '}rt:'` , i# ii � a} i.'}'.*,., Y kePa a ,5r'''.:44,- !`xr_ ,<+" (.' •.�•.f., ei=='(Y . Jr'? r + .0 � __te a:.:, q�QR,'-4 4-,A Ast �*a2y} 'Y -- "�k,, +.t' `.,S7n a •.'� -�' Fez ."._ _ ` 4 ;I'�`.a f : , f �,"tli R'4 �. ..` , FIELD CHECK FILING NUMBER: Z-471 DATE OF INSPECTION: April 30, 1992 APPLICANT'S NAME: WSW, Inc. , c/o Thomas E. Selders REQUEST: A Change of Zone from C-3 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of the City of Greeley; south of Weld County Road 66, east of Highway 85. LAND USE: N Weld County Road 66, Farm equipment storage, 1 residence, agricultural production. E Ditch, agricultural production. S Livestock confinement operation. W Railroad right-of-way, hog confinement operation, Highway 85. ZONING: N A (Agricultural) E A (Agricultural) S I-3 (Industrial) W A (Agricultural) COMMENTS: Access to this property is from Weld County Road 66, a paved County local. The property is currently vacant and is flat. Southeast of this property is a steel fabrication business. Current P1an�Y� REFERRAL LIST NAME: WSW, Inc. , c/o Thomas E. Selders CASE NUMBER: Z-471 REFERRALS SENT: April 17, 1992 REFERRALS TO BE RECEIVED BY: May 1, 1992 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton _Extension Service _Broomfield _Emergency Management Office Dacono Sheriff's Office Eaton _ X Engineering _Erie _Housing Authority ____Evans X Airport Authority ____Firestone _Building Inspection ____Fort Lupton _Frederick STATE _Garden City X Division of Water Resources _Gilcrest ____Geological Survey X Greeley _Department of Health Grover _ X Highway Department _Hudson _Historical Society Johnstown _Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie _ _ _ Ault F-1 Longmont _Berthoud F-2 _Mead Brighton F-3 Milliken X Eaton F-4 _New Raymer _Fort Lupton F-5 _Northglenn _Galeton F-6 Nunn _ _Hudson F-7 Platteville _ _Johnstown F-8 _Severance 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-15 _Raymer F-23 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration _Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS ____Central Colo. Water Conservancy Dist. _Brighton ____Panhandle Eastern Pipe Line Co. _Fort Collins _Tri-Area Planning Commission X Greeley X Union Pacific Railroad Company _Longmont Attention: Greg Pinker _West Adams Room 1100, 1416 Dodge Street Omaha, NE 68179-1100 COMMISSION/BOARD MEMBER X Tom Rulon scU; aJ Ai:p ' 114MEMORAnDU WILDCTo Weld County Planning Date April 30 1949 ///. COLORADO From John Pickle, Director. Environmental Prorerrinn Snrv;r7 Subject:Case Number: Z-471 Name: WSW. Tnr. rtn Raiders, Thommac Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 2. Applicant must connect to existing public water supply system. JSP/lam-E851 or DirLrx\ ‘ MAY 1 1992 c ; i Weld Cent!!Manning ,56, ; mEmoRAnourii To Weld County Planning April 22, 1992 Date COLORADO John Pickle, Director, Environmental Protection Service,46/ ....--) / From Case Number: Z-471 Name: WSW, Inc. c/o Selders, Thomas Subject: Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. Wood and metal shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 7. A bathroom with adequate toilet facilities served by an individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 9. Any required NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health and/or amended, if appropriate for the increased operation. 10. Applicant must connect to existing public water supply system. 0 JSP/lam-E780 APR 2 3 1992 11 Weld Cottc*r Planning C 1 STATE OF COLORADO DIVISION OF HIGHWAYS 4cr r or P.O. Box 850 . {daw �sy warar Greeley, Colorado 80632-0850 „N (303) 353-1232 Weld Co. , S.H. 85 Selders Rezoning North of Greeley, South of C.R. 66 April 28, 1992 Ms. Lanell Swanson, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the application from WSW, Inc. for a change of zone, and since no direct access to the state highway is proposed, we have no comment on the proposal . Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. Hooper, r. Development/Access Coordinator EAH/cm cc: L. D. Yost G. E. Sisson File D APR 2 9 1992 Weld County Planning r.. ;, 4 • STATE OF COLORADO 1 COUNTY OF WELD )c.c. DaDavid Be Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburp in said County and State; that said newspaper has a general circulation in said County and has been eontinowsly and uninterruptedly . pub;i shea Nance OF PUBLIC I�ARF G saucing a perlOd therein, -fifty-two O f a C 1 least Ile Weld County Flaming Carmvssiai consecutive M pill conduct a ppublic hearing on Lhe weeks prior to Metes), May 19,Zone at 1.39 pm b publication of the annexed '�'�" a request for approval d a notice; that Change of from Cd said newspaper is a fCmmwiriah w 13 lLuimAiall Own newspaper within the meaning Wes. tvi do nm� E. srd r Q of} the The L P2 d lard is described topn t act of the General Assembly of the due w2dSe lion q, MN, F6w•d av 6th PSI, Weld County, Colorado, State of Colorado curtaining�1y8.29 aces, more a ils to regulate •• entitled i i;@d "An Act I nubs torah of them agaoaitrareh the printing can dwedwnnRdss°mod notices an g of 1@galay . d advertisements, " and - e Icoo'lt leariig w le ;seta by the am@ndmen tD Weld tawny Planning Commission for thereto; that the notice • the c Weld referencedraton of the above of which the annexed ` Canty Coaliti be oners CO is a printed Hearing Room, First Flour, Weld Comicopy taken from said newspaper, was suety Centennial. G la Center. cwui is published in said newspaper, ar ob ora scree to de above and in should be sunbnu(7v�.euuu pricy the regular and entire issue of to Weld u91s TaN su teOl every number thereof , Ram 512, Greeley, Colorado Lm6S1, belay the above dae or 19. l presented at --Ire public hearing on May 19. 1992. Once a Meek for I Capes d de application are available - for public Ins ection in the 64CC@s Department of Motwig Services D5 e, weeks; that said notice Rome S@. Weld Gawp Centennial Moil.' Carter 915 Tenth Street. Greeley, GO published in 'said newspaperq - Phone '°'bD. E.v4mai Proper and not Bud Clemons,Chairman in any supplement Weld County Plmudtrk Conmissioi thereof , and that the first Tobep�p�hNedin The\ep \cps u Lk me fl) the b. A1A11 publication of said notice as Published in The New Noss April 23, aforesaid, was on the1.432. �3 day of A1 =. 19 C p— and the last on the ,- - day of 1y\ '� r . I Suoscribed and sworn to beforei�57illi �� me this ,day of. .. J32Co, MAY 1 1 1992 , .) 19`_Z. , 6`1C!��C17:a,IP.2 27.7 eJ • ,:n. V • Al; My Commission E'tnires March 15, 1996 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 Z-471 for WSW, Inc. , c/o Thomas E. Selders in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 24th day of April, 1992. erin is Sr 'C) DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. COLORADO TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: Z-471 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 19, 1992, 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: WSW, Inc. , c/o Thomas E. Selders FOR: A Change of Zone from C-3 (Commercial) TO I-3 (Industrial) . LEGAL DESCRIPTION: Part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 miles north of the City of Greeley, south of Weld County Road 66, east of Highway 85. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell J. Swanson, Current Planner. S 7u : ¶9 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE AND MINERAL OWNERS WSW, Inc. , c/o Thomas E. Selders Z-471 Lowell K. Adams and Louise T. Trustees 1091 0 Street Greeley, CO 80631 Gibbs Family Partnership 1711 A. A. Street Greeley, CO 80631 Hoshiko Farms 28607 WCR 50 Kersey, CO 80644 Paul and Mike Hungenberg 32500 WCR 41 Greeley, CO 80631 J and M Partnership P.O. Box 1426 Greeley, CO 80632 Jack' s Bean Co. P.O. Box 327 Holyoke, CO 80734 Monfort of Colorado P.O. Box G Greeley, CO 80632 Monson Brothers Co. P.O. Box 56 Greeley, CO 80632 Moro Farms, Inc. 19503 WCR 66 Greeley, CO 80631 Platte River Steel Co. P.O. Box 231 Little Rock, AR 72203 Producers Livestock Marketing Assoc. P.O. Box P Greeley, CO 80632 920119 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application Nu. Subject Property W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado SATE OF COLORADO es. 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. Thomas E. Selders, V. P. WSW, Inc. The foregoing instrument was subscribed and sworn to before me this 16th day of April 19 92 , by, Thomas E. Selders WITNESS my hand and official seal. My Commission expires: 9-12-92 Notar Public WLi19 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET NAME ADDRESS, TOWN/CITY PARCEL NUMBER & STATE & ZIP CODE PIN NUMBER Adams , Lowell K. & 1091 O Street 0803-29-0-00-095 Louise T . -trustees Greeley , CO 80631 1279486 Gibbs Family Partnership 1711 A. A. St . 0803-29-0-00-094 Greeley , CO 80631 1279386 Hoshiko Farms 28607 Weld Co . Rd. 50 0803-29-0-00-079 Kersey, CO 80644 1278786 Hoskiko Farms same as above 0803-29-0-00-091 1279286 Hoshiko Farms same as above 0803-29-0-00-081 1278986 Hungenberg, Paul & Mike 32500 Weld Co . Rd. 41 0803-19-0-00-016 Greeley, CO 80631 1264286 J & M Partnership PO Box 1426 0803-19-0-00-009 Greeley, CO 80632 1263486 Jack ' s Bean Co. PO Box 327 0803-29-0-00-084 Holyoke , CO 80734 1279186 Monfort of Colo. PO Box G 0803-30-0-00-090 (Gr . Farms-Hoshiko) Greeley, CO 80632 1280786 Monfort of Colo. same as above 0803-30-0-00-003 (Gr . Farms-Hoshiko) 1280386 Monson Bros . Co. PO Box 56 0803-29-0-00-070 Greeley, CO 80632 1278186 Monson Bros . Co. same as above 0803-29-0-00-010 1277786 Monson Bros . Co . same as above 0803-20-0-00-017 1264786 Moro Farms , Inc . 19503 Weld Co. Rd. 66 0803-29-0-00-004 Greeley, CO 80631 1277586 Platte River Steel Co . PO Box 231 0803-29-0-00-005 Little Rock, AR 72203 1277686 Producers Livestock PO Box P 0803-29-0-00-075 Marketing Assoc . Greeley , CO 80632 1278586 Sit,r1.9 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/Oa SUBS❑kFA.CE Application No. Subject Property W2 of Section 29, T6N, R65 W of the 6th P.M. , Weld County, Colorado STATE OF COLORADO ) ss. COUNTY OF WELD TUE 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 minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and recorder's Office, from an ownership update from a title or abstract company, or an attorney. Per attached paragraph from purchase agreement, the Union Pacific Railroad Company is the owner of minerals and mineral rights. at-vruc-cam /1L/7 -c. W. S. W. , Inc. , by Thomas E. Selders, VP The foregoing instrument was subscribed and sworn to before me this 16th day of April 19 92 , By Thomas E. Selders • WITNESS my hand and official seal. My Commission expires: 9-12-92 Notarq' Public DEPARTMENT OF PLANNING SERVICES PHONE(303)356 4000,EXT.4400 WIlD 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO April 17, 1992 WSW, Inc. Thomas E. Selders, Vice President P.O. Box 1290 Greeley, CO 80632-1290 Subject: Z-471 - Request for a Change of Zone from C-3 (Commercial) to I-3 (Industrial) on a parcel of land described as part W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Selders: 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 May 19, 1992, 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 City of Greeley Planning Commission for its review and comments. Please call Greg Fleebe at 350-9780 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission Meeting 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 May 5, 1992, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than May 9, 1992. 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. WSW, Inc. , c/o Thomas E. Selders, V.P. 2-471 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,&42-16."--c-CLanell J. 3 anson Current Planner n,ti T9 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE // i7- `�7/ THE SIGN WAS POSTED BY: Tiyo.HAS E. Setj eteS NAME OF PERSON POSTING SIGN �l2nn1 c c 2t CLGG�+� SIGNATURE OF APPLICANT etiSex) /wC STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS S DAY OF C2 (/ , 19 �o7J SEAL o if 7r �) i9, NOTARY UBLIC MY COMMISSION EXPIRES 9-1v7-7;z- LAST DAY TO POST SIGN IS: Il'Ie9'y 9 , 19 92 -. PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. MAY 61992 Wald Ccuntr'Nanning S2C 4� W.S.W., Inc. P.O. Box 1290 Greeley, Colorado 80632-1290 (303) 356-9600 April 17 , 1992 Weld County , Colorado Department of Planning Services 915 10th Street Greeley , CO 80631 Subject : Rezoning Application Dear Planning Department : Attached is an application for rezoning of property in Weld County which is north of Greeley . This is for a parcel of land that WSW , Inc . is currently in the process of purchasing from the Union Pacific Railroad. For WSW, Inc . to use the property it is necessary that a zoning of I-3 be obtained. WSW, Inc . will lease the property on a long term basis to Big R Manufacturing & Distributing , Inc . Big R will use the property for a steel fabrication operation . The zoning application form and all required statements , surveys , schedules , maps , etc . are either contained in this letter or attached. These items are placed in the order suggested by "Application Requirements" contained in your "Rezoning Procedural Guide" 1 . The completed application form is attached . 2 . The proposed rezoning is consistent with the policies of the Weld County Comprehensive Plan. Only a minimal area of land will be removed from agricultural use. The industry that will use the land (steel fabrication) cannot be suitably located within a municipality . Land which is directly adjacent to the proposed site is currently being used ( and is properly zoned for) industrial development . 3 . Uses of the land allowed by the proposed rezoning will be compatible with surrounding land used . Current uses of adjacent properties include : railroad (Union Pacific main line and spur trackage) ; steel fabrication (Platte River Steel ) ; and agricultural related industry (Greeley Producers ) . 4 . A public water utility is able to provide service to the site . See the attached statement from North Weld Water District . This water will be adequate for uses on the site (domestic uses for employees only) . The purchaser is obtaining a well and water rights on the site . This well water can be used for landscaping and any industrial uses in the steel fabrication operation (minimal ) . There is no public sewer utility services available on the site . The site is suitable for a sewage disposal system that would be required for the employees that will be working at the steel fabrication operation . This sewage disposal requirement is similar to that of adjacent property owner , Platte River Steel . 5 . Soil survey and descriptive information is attached and indicates that the soil is suitable for all uses to be allowed on the subject site . 6 . Proposed access to the property is from Weld County Road 66 , adjacent to the north. On April 10 , 1992 , WSW , Inc . representatives met with the Weld County Engineer at the site . He feels that the proposed access will be satisfactory . 7 . There is no sand, gravel , or other mineral resource on or under the subject property . The soil information which is attached (see item 5 , above) describes the site . 8 . The change of zone area is not located in a floodplain or geologic hazard area . The area is in the Weld County Airport overlay district area . However, there will be no structures or materials stored that will have a height of more than 50 feet . 9 . A copy of the purchase agreement for subject property is attached . 10 . A certified list of owners of property within 500 feet of subject property is attached. 11 . The owner of the minerals and mineral rights of subject property is the Union Pacific Railroad . This information is contained in paragraph 5 . of the purchase agreement . This certification is attached . 12 . No additional information has been requested by the Department of Planning Services , or other Weld County agency . However , the applicant will be happy to provide any information that might be requested . 13 . The vicinity and land use map of the area is attached . 14 . The rezoning plat is attached . 15 . The applicant is prepared to proceed with posting of signs when available from the Department of Planning Services . As representative of the applicant , WSW , Inc . , I am prepared to meet with you and to provide any additional information that you request or answer any questions . Please do not hesitate to call at my office at Big R Manufacturing & Distributing , Inc . , 356-9600 . Sincerely , Thomas E. Selders Vice President WSW , Inc . encl ry m''.'• REZONING APPLICATION Ise # Weld County, Colorado Dept. of Planning Services App. Ch'd By: Date Rec'd: 915 10th Street App. Fee: Receipt j7: Greeley, Colorado 80631 Record. Fee Receipt II: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: See attached (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE C-3 PROPOSED ZONE 1-3 TOTAL ACREAGE 18.29 OVERLAY ZONES Weld County Airport overlay district SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: WSW, Inc. (c/o Thomas E. Selders) Home Telephone //: Address: PO Box 1290 Bus. Telephone 1/: 356-9600 Greeley, CO 80632-1290 (WSW, Inc. is purchasing the property from the Union Pacific Railroad Company) Name: Nome Telephone //: Address: Bus. Telephone //: Name: Home Telephone j/ : Address: Bus. Telephone 1i: Applicant or Authorized Agent (if different than above) : Name: Home Telephone #: Address : Bus. Telephone (I: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Union Pacific Railroad Company Address: c/o Real Estate Department, Room 1100, 1416 Dodge Street Omaha , Nebraska 68179-1100 Name: Address : Name: Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) Signature: Owner or Authorized Agent WSW, Inc. , Thomas E. Seders , Vice President Subscribed and sworn to before me this 16th day of April , 19 92 . SEAL r } NOTAR, PUBLIC My Commission expires: 9-12-92 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 29, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE 6th P.M. , WELD COUNTY , COLORADO AND BEING MORE PARTICULARLY DES- CRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO BEAR SOUTH 89° 57' 08" EAST AND.WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89° 57' 08" EAST, 193.82 FEET ALONG SAID NORTH LINE TO A POINT LYING 100. 00 FEET AS MEASURED AT RIGHT ANGLES TO AND EASTERLY OF THE CENTERLINE OF THE UNION PACIFIC RAILROAU .(MAIN TRACK) , SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 52' 08" EAST, 102.67 FEET CONTINUING ALONG SAID NORTH LINE; THENCE SOUTH 13° 02' 34" EAST, 1788.81 FEET (PLATTED 1796.7 FEET) ALONG A LINE PARALLEL TO AND 200.00 FEET AS MEASURED AT RIGHT ANGLES TO AND EASTERLY OF THE CENTER LINE OF SAID UNION PACIFIC RAILROAB; THENCE 1265. 19 FEET ALONG THE ARC OF A 6 00' 00" CURVE TO THE LEFT WHOSE RADIUS IS 954.93 FEET, CENTRAL ANGLE IS 75° 54' 40" , TANGENT IS 744.88 FEET AND WHOSE CHORD BEARS SOUTH 50° 59' 54" EAST, 1174.66 FEET; THENCE SOUTH 88° 57' 14" EAST, 533.34 FEET, PARALLEL TO AND 75.00 FEET AS MEASURED AT RIGHT ANGLES TO AND NORTHERLY OF THE CENTERLINE OF THE UNION PACIFIC RAILROAD SPUR L;NE TO BRIGGSDALE; THENCE SOUTH 01 02' 46" WEST, 50.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SPUR LINE; THENCE 1573.40 FEET ALONG THE ARC OF A 4° 53' 30" CURVE TO THE LEFT WHOSE RADIUS IS 1171 .28 FEET, CENTRAL ANGLE IS 76 58' 00" , TANGENT IS 931 . 12 FEET AND WHOSE CHORD BEARS SOUTH 52° 33' 46" WEST, 1457.74 FEET TO A POINT LYING 100.00 FEET AS MEASURED AT RIGHT ANGLES TO AND EASTERLY OF THE CENTERLINE OF THE UNION PACIFIC RAILROAD (MAIN TRACK) ; THENCE NORTH 13° 02' 34" WEST, 3518.66 FEET ALONG SAID LINE TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 18.2948 ACRES, MORE OR LESS, AND IS SUBJECT TO A 30.00 FOOT RIGHT-OF-WAY FOR WELD COUNTY ROAD NO. 66 ALONG THE NORTH LINE OF SAID TRACT AND ALL OTHER EASEMENTS AND RIGHTS-OF-WAY AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. v.: :4 BOARD OF DIRECTORS` ERNEST TIGGES NORTH WELD COUNTY WATER DISTRICT GARY SIMPS0N ERNEST ROSS /C90,•... HIGHWAY 85 • LUCERNE, COLORADO 80646 �,• W.M. McKAY CHARLES ACHZIGER 2.14 9r LYLE NELSON, MGR. x;11;1 . -_ P.O. BOX 56 • PHONE 356-3020 April 13 , 1992 RE: Water Service Dear Sirs, This letter is in response to your inquiry regarding water service to the following described property: W1 of Section 29-6-65W 1. Water service is presently being provided to the ' above described property. 2. x Water service can be made available to the above V described property provided all requirements of the District are satisfied. •,r If contracts have not been consumated with North Weld County Water District within one year from date of this letter, this letter shall become null and void. Additional comments: Sincerely, Pt NORTH WELD COUNTY WATE DISTRICT L e D. Nelson, Manager NDL/ds Tom Selders m iff N w I— N ryp N . m•r bY�.+. f'aLNv1.J;�n 14 i u, v r ; N f • r N 1 I f N w j rv,� M v -;,-.........4.2:34...1 . b b h• 6atnn ,� Drams. I M eN I. Q M i n b v ri tt t. ay4.01, w� m u- —y,'„---' b)(0) v• i 2 :. 0, 5—• co , ri _ .:. OD ., /) Aii A T Y „Y / f I i t' rr, l I ' ` �; "- ir /°R �N a ` v ti O. -c4.,,,...> 0 co / N M M \� a \ n v' m m m ff t m �t , -i m m • C 1+. N M u, — N m .� N a . m S e� rn 2-!i.i 'J�ryyyy7 r 'f \ i � i / a/ Y Z,kky�-v 1.4$11.2•7f4.'• 4 1� "n; $Py a ` f. .gA .4 Y 'An M (P .1 C4;k-‘3414.)11. b ,LO N CO" J M ii,1 rf „/ a� N t „II. y ', !• zr N rU � � ,r 18 m CO IX 1; g 1 N ;.,, to 41 am m N AroP C r o m ti .. a r� o N N I �� < • ti'�8 t '9. .;y i II is oao , __- . . _L .l I 46—Olney fine sandy loam, 0 to 1 percent slopes. are Rocky Mountain juniper, eastern redcedar, ponderosa This is a deep, well drained soil on smooth plains at eleva- pine, Siberian elm. Russian-olive, and hackberry. The :ions of 1,600 to 5,200 feet. It formed in mixed outeash shrubs best suited are skunkbush sumac, lilac. and Siberi- deposits. Included in mapping are small areas of soils that an peashrub. have a dark surface layer and some small leveled areas. Wildlife is an important secondary use of this soil. The Typically the surface layer of this Olney soil is grayish cropland areas provide favorable habitat for ring-neci-.ed brown fine sandy loam about 10 inches thick. The subsoil pheasant and mourning dove. Many nongame species can is yellowish brown and verb; pale brown sandy clay loam be attracted by establishing areas for nesting and escape about 15 inches thick. The substratum to a depth of 60 cover. For pheasants, undisturbed nesting cover is essen- inches is very pale brown, calcareous fine sandy loam. tial and should be included in plans for habitat develop- Permeability and available water capacity are ment. especially in areas of intensive agriculture. moderate. The effective rooting depth is 60 inches or Rapid expansion of Greeley and the surrounding. area more. Surface runoff is slow, and the erosion hazard is has resulted in urbanization of much of this Olney soil. low. This soil has good potential for urban and recreational This soil is used almost entirely for irrigated crops. It development. The only limiting feature is the moderately is suited to all crops commonly grown in the area. includ- rapid permeability in the substratum. which causes a ing corn, sugar beets, beans, alfalfa, small grain, potatoes, hazard of ground water contamination from sewage and onions. An example of a suitable cropping system is 3 lagoons. Lawns, shrubs, and trees grow well. Capability to 4 years of alfalfa followed by corn, corn for silage, class I irrigated. sugar beets, small grain, or beans. Few conservation prac- tices are needed to maintain top yields. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs. can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival u UNION PACIFIC RAILROAD COMPANY CONTRACTS&REAL ESTATE DEPAR—WENT s.ZANDBERGEN 1icuiC u J.A.ANTHONY ASs! TA,:VICE PRESIDENT DIRECTOR-CONTRACTS D. D BROWN DIRECTOR-REAL ESTATE SALES ,lo* 116 DDDSESTREFT D H. LIGHTWINE � ,,"Ant NEBRASKA 6N',1y'. ^ DIRECTOR-FIELD OPERATIO VS ,3021271-3-53 April 7 1992 GAx 402,2 --5a9? ' R.F.NIEHAUS DIRECTOR-SPECIAL PROJECTS 137-75 W F SOMERVELL DIRECTOR-JOINT FAC!LCI ES VIA AIRBORNE DUPLICATE ORIGINAL RAILROAD COPY Mr. Sid Wilke President, W. S.W. , Inc. c/o Mr. Glenn Billings Weber Realty Inc. 3835 West 10th St Greeley, CO 80634 Dear Mr. Wilke: This letter is to confirm the understandings reached between Union Pacific Railroad Company (Railroad Company) and W. S .W. , Inc. (Purchaser) covering possible conveyance by the Railroad Company to the Purchaser of certain property (Property) in Weld County, Colorado, as hereinafter defined in Section 1. The undersigned is willing to recommend to the Railroad Company' s Management a sale of the Property subject to the following terms and conditions: 1. Description of Property: The Property to be conveyed shall consist of a parcel of land totalling approximately 18 . 29 acres, as generally depicted on the print attached hereto marked Exhibit "A. " The exact area to be conveyed will be determined by the Railroad Company following review of a survey of the property conducted by McRae & Short, Inc. on January 13 , 1992 . An easement for non-exclusive use of a roadway across the area shaded yellow on Exhibit A will be reserved by the Seller; an easement for non-exclusive use of a roadway across the area shaded red on Exhibit A will be conveyed by Seller to Purchaser. 2 . Consideration - Sale Price: The sale price (Sale Price) for the Property shall be $82 , 555 . 00, computed as follows: 18 . 29 acres x $4 , 500 per acre = $82 , 305. 00 , plus a $250. 00 administrative fee for preparation of the documents, totals $82 , 555 . 00 rrr 3 . Terms - Conveyance - Possession: Terms of the sale will be as follows: A $1, 000 . 00 earnest money deposit has been tendered to Weber Realty; and The balance of $81, 555. 00 will be payable in cash or by cashier ' s or certified check upon delivery of deed and possession of the Property will be given at that time. The Property will be conveyed by Quitclaim Deed, as is, where is, without any warranties, and subject to all condi- tions, restrictions, reservations, easements and encumbranc- es whether recorded or otherwise applicable to the Property. Existing agricultural leases for portions of the Property will be assigned at closing as will license agreements, including those for gas pipelines, to the extent the Property is affected by them. A list of leases and licenses to be assigned is attached as Exhibit B. Notwithstanding the foregoing, Railroad Company shall cooperate with and assist Purchaser to effect the closing of and complete this transaction and shall furnish the Purchaser with whatever records, prints, archival information or other evidence, which Railroad Company may have bearing upon the use of or title to the Property, during the time the Property was owned by the Railroad Company and/or its predecessors. Purchaser assumes the risk of and agrees to indemnify and hold Railroad company harmless, and to defend Railroad Company against and from any claims, costs, liabilities, expenses (including, without limitation, court costs and attorney fees) , or demands of whatsoever nature or source for any defects or environmental problems, latent or ob- vious, discovered or undiscovered in the Property being conveyed. 4 . Title Insurance and Abstract of Title: The Railroad Company will not furnish Title Insurance nor an Abstract of Title to the Property; however Purchaser may independently obtain same. If associated title research indicates ownership other than Union Pacific Railroad Company or discloses title defects (other than utility or roadway encumbrances or regulatory restrictions on use of the Property) that the Railroad Company is unable to cure prior to closing, the earnest money deposit shall be refunded to the Purchaser upon written request by the Purchaser to the Railroad Company and submittal of supporting evidence of the title defect, without further obligation by either party to the other. Li r- s irk 5 . Minerals: It is understood that the Railroad Company will reserve all of its right, title and interest in and to the minerals and mineral rights applicable to the Property without right of surface entry. 6 . Offer-Closing: This offer shall continue in full force and effect for a period of thirty (30) days from the date hereof. In the event this offer is not accepted by the Purchaser within such thirty (30) day period, then this offer shall be null and void. This transaction shall close thirty (30) days after accep- tance by the Purchaser and approval by Railroad Company Management as hereinafter set forth or sooner as may be mutually agreed upon between Seller and Purchaser. Costs for real estate closing and settlement services will be shared equally by Seller and Purchaser. 7 . Tax Proration: Local property taxes, if any, and other assessments applica- ble to the Property shall be prorated as of the date of closing. 8 . Submission to Railroad Company Management: Following receipt of the Purchaser' s acceptance and approval of this Letter of Understanding, this proposal will be submitted to Railroad Company Management for review and approval. If the Letter of Understanding and the sale contemplated herein is approved by such Management, the Railroad Company shall promptly advise the Purchaser and prepare the necessary documents to complete this transac- tion. The parties hereto shall promptly thereafter take the necessary steps to close this transaction as provided for herein. 9 . Letter of Understanding: It is understood and agreed that this document is a Letter of Understanding and not an Agreement to Purchase/Sell until accepted by the Purchaser and approved by Railroad Company Management. Either of the parties hereto shall have the right to terminate negotiations for the Sale/Purchase of the Property at any time prior to such acceptance and approval without any obligation by either of the parties hereto to the other party. 10 . Negotiations: 920 lir 7.s Negotiations relative to this transaction have been carried on with the intervention of Glenn K. Billings, agent for Weber Realty Inc. , acting for and on behalf of the Purchaser. Purchaser agrees to pay any fees for services, including commissions, owing to Glenn k. Billings and/or Weber Realty, Inc. Except as aforementioned, no persons or third parties have been involved in this transaction giving rise to any valid claim against either of the parties hereto for brokerage commission or other like payment. Each party hereto shall indemnify and hold harmless the other party against and from any and all claims for brokerage commission or other like payments arising out of this transaction. 11. Transfer Documentation and Excise Tax: All real estate transfer, documentation and/or excise taxes resulting from this transaction will be paid for by the Purchaser. 12 . Governmental Approvals It is understood between the parties that this transaction is subject to any and all governmental restrictions and regulations regarding this transaction and the intended use of the Property by the Purchaser, including, but not limited to, subdivision and zoning regulations and building and environmental permits. Purchaser, at Purchaser' s sole expense, shall endeavor to satisfy all governmental requirements and obtain all necessary permits. In the event the Purchaser is unable to satisfy such requirements or obtain the necessary permits prior to closing, Purchaser shall, upon written notification to the Railroad Company, elect to terminate this transaction and receive refund of the earnest money deposit with no further obligation by either of the parties to the other. If the foregoing reflects your understanding of the arrangement reached between the Railroad Company and the Purchas- er with respect to the purchase/sale of the Property, please secure the execution of this Letter of Understanding and return to me the copy of this letter marked "Duplicate Original-Railroad Copy, " advising the correct legal entity in which the Purchaser desires to take title to the Property. Yours truly, D. D. BROWN Director - Real Estate Sales Accepted and approved on this day of , 19_ By Title to the Property will be taken in the following name: State of Incorporation Mailing Address CC: Mr. Glenn Billings - Weber Realty Inc. swdww.glp DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 915 10th STREET i GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, May 19, 1992 at 1:30 p.m. to review a request for approval of a Change of Zone from C-3 (Commercial) to I-3 (Industrial) from WSW, Inc. , c/o Thomas E. Selders. The parcel of land is described as part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado, containing 18.29 acres, more or less. The property is located approximately .5 miles north of the City of Greeley, south of Weld County Road 66, east of Highway 85. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on May 19, 1992. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Bud Clemons, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by April 30, 1992. 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