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HomeMy WebLinkAbout951891.tiffLIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 GREELEY. COLORADO 80632 GEORGE H. OTTENHOFF KENNETH F. LIND KIM It LAWRENCE JEFFREY R. BURNS March 30, 1995 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: USR Application (Sekich Equipment Company and Western Sugar) Ladies and Gentlemen: TELEPHONE (303) 353-2323 (303) 3569160 TELECOPIER (303) 356-1111 Enclosed with this letter, which is a part of the application requirements, are the following additional documents which are also required: (1) Original application form plus 19 copies; (2) 10 copies of the Special Review plat; (3) One 834" x 11" reduced copy of the Special Review Plat; (4) Original Special Review use questionnaire plus 19 copies; (5) Original Weld County Road Access Information Sheet plus nine (9) copies; (6) One copy of deed or legal instrument identifying applicant's interest in the property; (7) One copy of soils report; (8) One copy of affidavit and certified list of names and addresses of surface owners within 500 feet of Special Review property; (9) One copy of affidavit and certified list of names and addresses of mineral owners and lessees of minerals; (10) Check for USR application fee in the amount of $1,100.00; (11) Special Review plat recording fee in the amount of $10.00; 951691 Weld County Department of Planning Services March 30, 1995 Page 2 If you have any questions, please feel free to contact me. Very truly yours, LIND, LAWREWCE & OTTENHOFF Kenneth F Lind KFL/cg Enclosure 951891 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services. 1400 N. 17th Avenue. Greeley. Colorado 50631 Phone - 353-6100 - Ext. 3540. Fax # (303) 351-0978 TO BE COMPLETED BY APPLICANT: (please print -or type. except for necessary signature) Lot "B" of Recorded Exemption No. LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 1590 being a part of the NW1/4 Section 19 PRESENT ZONE PROPOSED USE T 3 N. R 67 -W TOTAL ACREAGE 136.682 Ag OVERLAY ZONE None Ag and sugar beetreceivingstation ;ag use) SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Sekich Equipment Company Longmont, City/State/Zip: CO 80504 Home Telephone: Name: Address: 4322 Highway 66 Business Telephone: 535-4474 Address: City/State/Zip: Home Telephone: Business Telephone: APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Lind, Lawrence & Ottenhoff Address. 1011 Eleventh Avenue City/State/Zip: Greeley, CO 80631 Home Telephone: Business Telephone: 353-2323 I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. LIND, LAL(REyfCE & OTTENH By: Signature: Owner or Authorized ent Kenneth F. Lind #7792 951891 USE BY SPECIAL REVIEW QUESTIONNAIRE 1. How is this proposal consistent with the Weld County Comprehensive Plan? This proposal is consistent with the intent of the Weld County Comprehensive Plan as said plan encourages the development of agri-business and agriculturally oriented industry provided the enterprises do not adversely affect the local economy or environment. 2. How does this proposal meet the intent of the zone district it is located in? The proposed use is an agricultural activity and is consistent with the intent of the agricultural zoned district. 3. How is this use compatible with future development as stated in the Weld County Comprehensive Plan? If yes, how? This facility is compatible with proposed future development as it is not contemplated that the Town of Mead will be annexing new residential land in the immediate future. Most of the surrounding land, other than the Town of Mead, is agricultural zoned land and the Town of Mead has no objection to this facility and operation. The Weld County Comprehensive Plan shows this area as agriculture and it does not conflict with the Town of Mead Comprehensive Plan. Prior to a moratorium for annexations into the Town of Mead, this property and use had been reviewed by the Town of Mead Planning Commission and said Planning Commission recommended approval of this facility. Due to the annexation moratorium, the project did not proceed and the town recommended that the facility be processed through Weld County as a Use by Special Review. 4. What type of uses surround this site? Is this request compatible with surrounding uses? Uses surrounding this site include Town of Mead residential, rural residential and agriculture. The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the agricultural zoned district. Additionally, the Town of Mead has no objection to this facility. Approximately 1/2 mile to the south is an existing sugar beet receiving station very similar in design to this proposed facility. The existing facility has been annexed into the Town of Mead and has been platted for residential development, P:\KPL\USR\SEKICH.QUE 951891 which requires a new receiving station to be located in this area. The existing site will be abandoned upon approval of this new site. As the proposed site is located in the same section and in the same general area, it can be stated that this is not a new use but merely a minor relocation. 5. Is this property located in a Flood Hazard zone, Geologic Hazard zone, or Airport Overlay zone, and does it meet these special requirements? No overlay districts affect the site. 6. What efforts have been made to conserve productive agricultural land? As this is an ag use and if the use ceases, the property can be immediately returned to farm production. As receiving and storage of beets is directly related to agricultural uses, this is, directly, an agricultural use on site. 7. How will public health, safety and welfare be protected? Use by Special Review standards that will be developed by the County will provide adequate protection for the health, safety and welfare of the neighborhood and county. Additionally, the existing sugar beet receiving area located approximately 1/2 mile south and east of this facility has an excellent safety record. The existing facility has an air pollution emissions permit which was approved in 1986. The applicant has applied to the Colorado Department of Health Air Pollution Control Division for a modification to the existing permit. The applicant has been advised by the Colorado Department of Health that a modified permit will be issued and this permit will be available prior to any public hearings upon this application. 8. What will the site be used for? The specific area of approximately 24 acres shall be identified as a sugar beet receiving area, hereinafter "Subject Parcel". The Subject Parcel will be used to receive, pile and store sugar beets. The sugar beets are delivered to the Subject Parcel pursuant to contracts between Great Western Sugar and farmers in the immediate vicinity. 9. How close is this site to other residential structures? To the north the nearest home is 1/10th mile; to the south the nearest home is 1/10th mile; to the west the nearest home is 1/2 mile and to the east the nearest home is 1/2 mile. F:\KFL\USR\SEKICH.QUE 951891 10. How many people will be employed at this site and what hours will they work? Normal hours of operation are 6:30 a.m. until 6:30 p.m. during the beet harvest season. The beet harvest season normally commences September 10th and is usually completed by November 1st. During this delivery season, a maximum of 10 employees will be on site, these employees operate the receiving and piling equipment and scales for weighing trucks. After harvest and delivery, the beets are stored on site and then they are removed from the site for processing at factories in Greeley and/or Fort Morgan. Removal of the beets from the site usually commences September and finishes January 15th of each year. During the removal operations, approximately 2 employees or contract haulers will be on site for loading trucks. The loading and removal operations take place on a 24 hour per day basis. After January and removal of the beets from the site, no operations take place on site until September of the following year. 11. How many people will use this site? 65 farmers and sugar beet growers have existing contracts with Western Sugar that specify beet delivery in this area. 12. What type and how many animals, if any, will be on this site? n/a 13. What type and how much, if any, operating and processing equipment will be utilized on site? 1 - Ogden super piler 1 - Silver Streatch piler 1 - L-160 Michigan front end loader 6 - Re -haul semi trailer trucks 14. What type and how many structures will be erected (built) on this site? 1 portable wood frame with metal siding scale house and scale. 15. What kind (type, size, weight) of vehicles will access this site and how often? At the receiving area, approximately 5,000 tons of beets will be received on a daily basis during the beet harvest season pursuant to the contracts with area farmers. Most farm trucks weigh approximately 4 tons empty and between 15-20 tons loaded. It is estimated that there will be a maximum of 300 17,\KFTAUSR\SEKICH.QUE 951891 truck loads delivered during harvest season (September and October) on a daily basis. For entire beet harvest season this means that there will be approximately 1,000 tons of beets delivered being a maximum of 10,000 truck loads between September and October. Trucks are used for removal of the beets from the storage areas and removal takes place between September and January. These trucks weigh 1534 tons empty and between 40 and 42 tons loaded. A total of approximately 3,800 loads are anticipated for removal of the beets from the subject site. Ingress to and egress from the site will be off of Weld County Road 13. As the exit and entrance are separated, that results in two new accesses onto Road No. 13. However, the applicant will be able to close an existing access to the subject property from Road 13 as well as close another existing access to the existing property from Weld County Road 32. As two existing accesses will be closed and two new accesses created, there will be no change as to the number of access points. The proposed ingress and egress accesses to the site have been designed with safety as a primary concern. Additionally, the existing receiving station has an access onto State Highway 66 and this will no longer be used or needed for the receiving station. The proposed ingress and egress accesses to the site have been designed with safety as a primary concern. It should be noted that the type, size and weight of vehicles as well as use of Weld County Road 13 does not change when comparing the existing operation to this proposed operation. The same trucks and all types of operations will remain the same, the main difference will be the ingress and access points on and off of Weld County Road 13. 16. Will this site use a septic system or public sewer facilities? Portable chemical sanitary facilities will be provided on site for use by employees and truck drivers. These will be on site from approximately September through January and they will be serviced on a "as needed" basis which we estimate to be twice a week. These portable facilities will be removed from the site when the property is not being used for delivery and storage. A commercial sanitary facility company provides the facilities. 17. Are you proposing storage or stockpile of wastes on this site? If so, what is the size and type proposed? Waste is not stockpiled or stored on site. However, sugar beets are stored on site in large piles between the start of delivery and end of factory operations. The storage will take F:\KFL\USR\SEKICH.QUE 951891 place between approximately September 1 and January. Approximately 100,000 tons of sugar beets will be stored on site during these five months but the pile will start from zero and increase to approximately 100,000 tons and then decrease back down to nothing. No other waste or stockpiling is permitted on site, however, a typical trash dumpster will be provided on site for removal of trash. 18. How often will debris, junk or waste be disposed of? By what means? During both harvest season and removal operations, trash dumpsters on site will be emptied by a commercial hauler and all waste hauled to approved land fills. There is no other debris, junk or waste associated with this operation. At times when the facility is not used for beet delivery or removal, there will be no debris, junk or waste on site. 19. How long will it take to construct this site and when will construction begin? Upon approval the site will be immediately prepared for receiving and the beet piling machine be brought onto to the site as soon as possible. The land must be prepared for receipt of beets not later than August 1, 1995. 20. Explain the proposed landscaping plans and erosion control measures associated with this site. No landscaping is anticipated. Any building or equipment on site must be maintained in a neat and clean condition pursuant to terms of the lease. As there is no change in the topography and the use does not by itself create erosion, no erosion control measures are proposed. 21. Explain any proposed reclamation procedures when termination of the Special Review use begins. If this use ceases, the pilers and scale house will be removed and the land revert back to farm land. 22. Explain the need for the proposed use (activity) in Weld County. The Subject Parcel is needed to receive the crop from the area sugar beet farmers. A sufficient amount of land is needed to place the received sugar beets into large piles as the large beet piles avoid high rates of shrink and quality deterioration. The Subject Parcel allows the beets to be received and stored in an efficient manner which results in higher prices paid to area farmers. Location of the receiving station in this area is extremely critical to area farmers as F:\KFL\USR\SEKICH.QUE 951891 it is centralized and minimizes transportation of sugar beets both to the receiving station from farms and from the receiving station to the factory. Other locations would result in longer hauling which would be of significant impact to roads in the area. 23. Who will provide fire protection for this site? Chemical fire extinguishers will be available in the scale house for emergency use by employees. The only possible flammable structures on the site will be the scale house and trucks delivering or removing beets. The subject parcel is also located within the Mountain View Fire Protection District. 24. What or who will provide water to this site? The beet receiving operation does not utilize water. Water for employee drinking will be brought to the site in containers. 25. How will storm water drainage be handled on the site? No storm water retention facilities are proposed for the use as the pile sites do not affect natural storm water drainage. If it is determined that some type of storm water retention facility is needed, a standard retention pond can easily be constructed on site, however, it is not believed that this is necessary. F:\KFL\USR\SEXICH.QUE 951891 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW GEORGE H. OTTENHOFF KENNETH -F. LIND KIM R. LAWRENCE JEFFREY R. BURNS THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 GREELEY, COLORADO 80632 July 5, 1995 Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Shani L. Eastin, Current Planner Re: USR-1082 ( Sekich Equipment) Dear Ms. Eastin: lLE TELEPHONE (970) 353-2323 (970) 356-9160 TELECOPIER (970) 356-1111 Enclosed please find a sketch plan of an entrance access, sketch plan of exit access including tracking pad and plan approval letter signed by Don Carrol of Weld County Public Works. We are providing these approved plans to you to comply with the Board of County Commissioner's Resolution dated June 21, 1995 concerning the above referenced USR. Specifically these approvals and submission to Planning Services are required pursuant to Conditions 3, 7(a) and 7(d). If you have any questions, please contact the undersigned. Very truly yours, LIND, LANyREWCE})& OTTENHOFF Kenneth F. Lind KFL/cg Enclosure pc: Western Sugar (w/o enclosures) VIS0 COtJM'r ply AWS JUL 6 'I995 ECEIn 951891 Western Sugar June 29, 1995 Weld County Public Works Department Don Carroll 933 N. 11th Avenue Greeley, Colorado 880631 Dear Mr. Carroll: Nv A44•�Ir rn SnKar C ampany. I'. ( )_ Rov 9 I;u' Gtrlvonuc (,rrr•Iry ( olurado 806 t2 ti 352-2756 Enclosed are the plans for your review and approval for the entrance and exit access per USR 1082 conditions Paragraphs 3, 7a & 7d. The Exit Access has a tracking pad that is 12 ft. wide and 150 ft. Ions, with 3" thick paved surface. We will have a 24" diameter CMP culvert that is 60 ft. long. The ends of the culvert will be marked with reflector posts. The access will be a 40 ft. paved surface. The Entrance Access will be 40 ft. wide with a 32 ft. long paved surface. The culvert will be a 24" diameter CMP culvert 60 ft. long. Please approve these plans by signing on the line provided below. Thank �oyou. Sue Inness, Agriculturist Western Sugar Company Approved: D p Carrol, Public Wo ks Department Enc. 2 951891 �j Printed on Recycled Paper f 30' 535 0424 PEAK SALES P01 To: SHANI EASTIN Fax: 352-6312 From: BAUGH LATERAL DITCH COMPANY Date: May 17, 1995 Pages: 1, including cover sheet. This is to clarify that the Baugh Lateral does not have record of who owns ditches past the division box of the Baugh Lateral Ditch Company. We only deliver to headgates and are not aware of rights and ownership of the ditches_ Thanks Jody Anderson -Office Manager WELD COUNTY PLANNING MAY 1 8 1995 D ECEIVE 05/17/95 10:16 951891 TX/RX NO.0839 P.001 DOVN_ GRADIENT SLOPE FOR MINIMUM OF AGGREGATE BASE COURSE 12' COVER OR PER MANUFACTURER RECOMMENDATIONS 24.0 CMP CULVERT ftl PAVEMENT 2% SLOPE 2'/. SLOPE SECTION A -A PAVED APPROACH 3' H. B. P. C/L COUNTY ROAD SHOULDER FLOW LINE 4' SHOULDER (TYP,) FLOW LINE SHOULDER V PAVEMENT WELD COUNTY ROAD 13 D USR - 1082 SKETCH OF ENTRANCE ACCESS DOWN GRADIENT SLOPE FOR MINIMUM OF N AGGREGATE -BASE COURSE 12' COVER OR PER -MANUFACTURER RECOMMENDATIONS PAVEMENT 2% SLOPE 2% SLOPE C/L COUNTY ROAD SECTION A —A D cn 0 TRACKING PAD 12' X 150' PAVED SURFACE 3' H. B. P. 24'0 CMP CULVERT BTU+ N PAVED APPROACH SHOULDER FLOW LINE 4' SHOULDER (TYP.) FLOW LINE SHOULDER UI V PAVEMENT WELD COUNTY ROAD 13 USR - 1082 SKETCH OF EXIT ACCESS i3 g (/) C7 I (/) o19 0 Hello