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RESOLUTION RE: APPROVAL OF PLANNED UNIT DEVELOPMENT PLAN FOR LAND LOCATED IN PART OF THE SE4 OF SECTION 4, TOWNSHIP 5 NORTpRrRANGE 66 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADQ, .OWNED BY LOUIS BRIGHT , 3000 WEST 10TH STREET, GREELEY, COLORADO 80631. ti (\Z WHEREAS, the Board of County Commissioners of Weld County, No G- 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 N o WHEREAS, the Board of County Commissioners of Weld County, 0 Colorado, held a public hearing on the 11th day of January, 1978 at the hour of 2: 00 o' clock p.m. , for the purpose of hearing the c application of Louis Brighi for approval of a Planned Unit Development on the following described real estate, to-wit: Part of the Southeast Quarter (SEq) of Section 4, Township 5 North, Range 66 West of the 6th P.M. , Weld County, rnColorado, being more particularly described as follows: j Beginning at the Southeast Corner (SE Cor) of said Section 4 and - I considering the Fact line of said SEa of said Section 4, as bearing gNorth 06°30'30" East, with all other bearings contained herein relative thereto; Thence North 06°30'30" East, along said East line, 57.01 feet; Y t Thence North 89°29'00" West, 783.96 feet to the True Point of o s Beginning; a Thence continuing North 89°29'00" West, 686.78 feet; o Thence North 06°30'30" East, 290.13 feet; Cr) ; Thence North 89°29'00" West, 150.00 feet; Tr Thence North 29°22'15" East, 227.16 feet; ,- - Gp ry I Thence South 89°30'45" East, 756.48 feet; J v Thence South 00°31'00" West, 190.38 feet; r Thence North 89°29'00" West, 59.61 feet; !� o Thence South 00°31'00" West, 297.50 feet to the True Point z° ° of Beginning; CC Said described parcel of land contains 8.146 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel I of land. WHEREAS, the petitioner was present, and WHEREAS, evidence was presented in support of the approval of the Commercial Unit Development Plan and evidence was presented in opposition to the approval of the Commercial Unit Development Plan upon the aforementioned tract of land, and WHEREAS, Section 6. 6 of the Weld County Zoning Resolution authorizes the Board of County Commissioners to grant approval to a Planned Unit Development Plan upon a showing by the Petitioner of compliance with all of the requirements of Section 6. 6 of the Weld County Zoning Resolution, and ,q . l�r - 780998 'C. . -•gook 874 • + 1196219 tea. WHEREAS, the Board of County Commissioners of Weld County, heard all the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Weld County Planning Commission and all of the exhibits and evi- dence presented in this matter, and having been fully informed and satisfied that the request for approval of the application for a Planned Unit Development Plan complies with all of the conditions set out in Section 6. 6 of the Weld County Zoning Resolution; NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the petition of Louis Brighi, 3000 , West 10th Street, Greeley, Colorado 80631, for approval of a Planned Unit Development Plan on the tract of land set forth above, be, and hereby is, granted, subject to the development standards in the Planned Unit Development Plan. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated June 7, 1977, be, and hereby are, incorporated as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, "adopted by the following vote on the 11th day of JanAkry, A.D y41978 . 1( anil•N�, + ,_,,'.f�..• • BOARD OF COUNTY COMMISSIONERS ATTEST: a`� Q�A(/LG/an/ WELD COUNTY, COLORADO and Clerk to the Boa �k% Deputy County 14,C(±6± / s t APPROSI$D AS TO EORM J Oct nFco'vi.4?uX County Attorney Date Presented: January 18 , 1978 -2- • ' 0 qSS /� JUL 1 01979 BOOKRecorded at �._..___....._... o'clock ...J..[s.M.._......�.._ 874 1796280 `J „� e� U ca- C, State of Colorado, Weld County Clerk & Recorder BRIGHI PLANNED UNIT DEVELOPMENT STANDARDS Co c� Submitted in Connection with the Applica- r- tion by Dr. Louis Brighi for a Recorded Exemption Submitted to the Planning Com- © mission Staff on May 5, 1977 . �z 1. PERMITTED USES : 0 0 The uses permitted on the hereon described property within this Commercial Unit Development for Lots A and B of Recorded Exemp- tion 260 shall be as follows, to-wit: Cn o Office uses; utility service facilities; police and fire sta- rt tion and facilities; commercial recreational facilities; pri- vate recreational facilities; theatres, conventional halls; coliseums and other such facilities or structures, private or public; newspaper plants and printing shops; parking lots and parking garages; headquarters and parking areas for services involving transportation of persons, but not property, including ambulance services, taxi services, and bus services; gasoline service stations, repair garages and car washes; commercial storage facilities such as cold storage plants and other estab- lishments renting storage space to the public, but not including outside storage; establishments for the sale of merchandise at the wholesale lever, including those warehousing merchandise; establishments for the repair and restoration of small equip- ment and appliances such as radios and television sets, busi- ness office machines, and electrical appliances intended for use in residences; lumber yards, not including those with out- side storage areas; establishments for the sale of new and used cars, trucks, boats, campers and other such merchandise, including establishments with incidental repair facilities; establishments for the rental of tools, equipment and vehicles . The above list is not meant to be an exclusive list of the uses permitted on the property, but rather as an illustration of the types of uses which should be permitted. All storage associated with the proposed uses will be completely enclosed and the proposed uses will not produce effects such as industrial noise, smoke, vibration, odor, fumes, radiation, and other environmental impacts which will be observable with the natural senses at or beyond the property line of the PUD area. Uses will be reviewed, by the Planning Commission and the Board of County Commissioners, for compliance prior to issuance of any building permits. 2 . INTERIM LAND USE: Agricultural production will be permitted. If agricultural production is not pursued on all or any portion of the PUD area, all or any portion of the PUD area not in agricultural production shall be maintained in a manner so as to prevent fugitive dust, erosion, growth of noxious weeds, and non- ornamental ground cover shall not exceed 12 inches in height. • eooK 199280 8'74 '1-s--- 3. SITE PREPARATION: Site preparation, grading and drainage plans shall be submitted for review and approval by the Planning Commission and Board of County Commissioners prior to issuance of any building per- mits. If, subsequent to rezoning, further subdivision is con- sidered, the drainage plan approved for the subdivision will determine requirements for site preparation, grading and drainage plans for development of individual lots . No building permits will be issued in areas determined to be within an identified 100 year flood plain, within natural or man made drainage courses or easements, or within a designated storm water reten- tion/detention area. 4. LOT STANDARDS : All structures shall be setback a minimum of 120 feet from the edge of the centerline of State Highway 34. 5. PARKING: Parking is to be provided as off-street parking. Specific parking plans shall be submitted for review and approval by the Planning Commission and the Board of County Commissioners. The following standards shall generally apply: Banks and Offices 1 space for each 300 square feet of gross floor area Retail Sales and Service 1 space for each 200 square feet of gross floor area Wholesale Sales and 1 space for each 600 square feet Service of gross floor area Manufacturing and Indus- 1 space for each 2 employees trial determined on the basis of the greatest number of persons employed at any one period of time, and 1 additional space for each company vehicle based at the location Where a use is not defined above or the standards are insuffi- cient for a given use, the specific standard will be established by the Planning Commission and the Board of County Commissioners prior to issuance of any building permits . 6. LANDSCAPING: a. No more than 85% of the area of any lot shall be covered by buildings, asphalt, or gravel. b. A minimum of 15% of each lot shall be maintained as land- scaped area. c. A minimum of 10 ' adjacent to the public right-of-way shall be landscaped. 7. SIGNS: The installation of signs shall conform to the specifications and requirement of Section 4. 4 of the Weld County Zoning Reso- lution. Applicable permits shall be obtained prior to installa- tion. -2- • • • BOOK 874 1'796260 243 8. UTILITIES: Utilities will be installed underground. Water and sewage disposal must be reviewed and approved by the Planning Commis- sion and the Board of County Commissioners for availability and adequacy of demand for the specified use prior to issuance of any building permits . Water availability must also be ade- quate for fire protection services . 9. ACCESS: Access shall be restricted according to the following standards: a. Only one access shall be permitted from the State Highway for each lot, and said access points shall be to a public frontage road which shall be constructed by the owners and maintained by the County. The access points , as illustrated on the Planned Unit Development Plat, shall be located on the East Edge of Lot A at the already existing and dedicated public road. The second access point shall be at the South- west corner of Lot B. At such time as Lot B is developed, the owner shall use his best efforts to enter into an agreement with the property owner immediately to the West to construct a common access point to Lot B and to said property line to the West. At the present time, said prop- erty to the West of Lot B is serviced by a driveway which lies partially on said property and partially on Lot B. b. Said access points shall open up on to a public frontage road which shall parallel U.S. Highway 34 along the front edge of Lot A and Lot B. Said frontage raod shall be SO feet in width and shall extend from the East edge of Lot A to the West edge of Lot B. Said access road shall be ded- icated to the public and shall constitute an easement for right-of-way between Lot A and Lot B, and a utility ease- ment, undergroundservices . c. The owners shall construct an acceleration lane on Highway U.S. 34, beginning at the eastern access point and continuing to the west along the front of the property for four hundred feet. The lane will be 12 feet wide with a four foot shoulder. Minimum thickness of the asphalt is three inches, and minimum thickness of 3/4 inch base is four inches. Em- bankment material shall be of good quality with a maximum slope of 4 : 1 plated with topsoil and reseeded. d. The access point at the western most edge of the property shall be constructed at such time as Lot B is developed, and a driveway permit from the State Department of Highways shall be obtained for each access onto the frontage road. 10. PEDESTRIAN MOVEMENT: Provision shall be made for pedestrian movement from the West end of Lot B to the East end of Lot A along the southern boundary of the property and parallel to U.S. Highway 34 . The portion of said pedestrian way within Lot A is platted on the Commercial Planned Unit Development and Site Plan submitted with the application. The portion on Lot B shall be platted at such time as a Site Plan for Lot B is filed. -3- E • • • BOOK 874 1796280 4-ti 11. FIRE PROTECTION MEASURES: Fire protection measures shall conform to the requirements of the Western Hills Fire Protection District which shall be determined in the site plan review prior to the issuance of any building permits. 12. SITE PLAN REVIEW: Prior to the issuance of any building permits for any lot, a final site plan shall be reviewed by the Weld County Planning Commission for a recommendation and the Board of County Com- missioners for their approval. Any changes of use on a lot which has been approved in a final site plan review shall be subject to review again for the new use. The final site plan review shall include the following. a. Identification in detail of the proposed use; b. The number, type, and frequency of traffic generated; c. The number of employees; d. A drainage study for the lot; e. Indication of the location of the proposed access and the internal traffic flow pattern; f. Indication of landscaping proposed; g. Information on what provisions shall be made for fire pro- tection; h. Indication of the water requirements and the proposed water system; i. Indication of the sewage requirements and details on the proposed system; and j . Identification of the number of parking spaces to be pro- vided. This required information shall be submitted in a combination of written and map form utilizing the Weld County PUD guidelines . -4- II BRIGHT ZONE CHANGE AGRICULTURAL TO COMMERCIAL (A floe) 1 At 430 :04,1,, ti 80'go'p0" o j S5all' m$ i N89° 9' ''W .b(o.55' y 150.00' U89.29'00"�W Hi Sub.' PoNW Cor. int O of Beginning N M W Scale: i' 200' ° ---- IV 89'29'00'�WW 1073.0/' �ho� U.S. HWI. 34 _ '� L-�,'',X1,1 0 P 1 SE Cor. /, f I•�.,'/.• (4 See.4,T.5k1., LEGAL DESCRIPTION II {{{��wvv (Ii I Rt.(.W. A tract of land iodated in the Southeast Quarter (SEA) of Section 4, Township 5 North Range 66 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the Northwest Corner (NW Cor) of Western Hills Subdivision as recorded in the office of the County Clerk, Weld County, Colorado, in Plat Book 10, Page 29; Thence Forth 89°29'00" West, 150.00 feet; Thence North 29°22'15" East, 227.16 feet; Thence South 89°30'45" East, 756.48 feet; Thence South 00° 31 '00" West, 190.38 feet to a point on the Northerly boundary of said Western Hills Subdivision; Thence along the Northerly boundary of said Western Hills Subdivision by the following two (2) courses and distances: North 89°29'00" West, 666.55 feet; South 80°20'00" West, 50.71 feet to the Point of Beginning. Said described tract of land contains 3.56 acres, more or less and is sub' o '. rights-of-way or other easements as granted or reserved by instruments now existing on said tract of land. . SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervision and 4892 cur - to the best of my knowledge and belief. 4? tossomins‘- JASPER FR :SE olorado P.E. & L.S. NO: 4392 �` OF CUtOO`‘� I I, LOUIS J. B'• H .C, being the sole owners in fee of the above described property, do he by r-.ue e z. ing as . o on the attached map. The for- ofgqg i'ication was 1dknowledged before me this ,j, - day of // / , > A.D. 19 7`� 5 Notary Public %j My Commission expires May 5, 1980 Planning Commission Cer.ification This is to certify that the Weld County Planning Commission has approved and does hereby recommend to the Board of Commissioners, Weld County, Colo. for their confirmation, . ap royal and adoption of this Zon a ,e as show ereon and described this 7* day of aitalt , 1977. irman, Planning ommission --- Board of County Commissioners Certification This is to certify that the Board of County Commissioners, Weld County, Colo. , �• have approved and adopted this Zone Change and regulations this li '� day of N/1NilAR V e ins 74%Veftras aselJ_Imo_ n, Board of County Commissioners \ \.�* y Attest: inal Ak '. ! lr Co ty Clerk fare BY: y Deputy J . `�. Recur . Date: _ C ' f7/.100/ RESOLUTION RE: APPROVAL OF SITE DEVELOPMENT PLAN - LOT A OF RECORDED EXEMPTION NO. 0959-4-4-RE260 - LOUIS BRIGHI. 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, on the 11th day of January, 1978, the Board of County Commissioners of Weld County, Colorado heard the appli- cation of Louis Brighi for approval of the Site Development Plan, Site Plan Lot A of Recorded Exemption No. 0950-4-4-RE260 , and WHEREAS, the Weld County Planning Commission has recom- mended approval of said Site Development Plan for Lot A of Recorded Exemption No. 260 for Louis Brighi for a Commercial Planned Unit Development, subject to compliance with the develop- ment standards. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Site Development Plan for Lot A of the Recorded Exemption No. 0959-4-4-RE260, be, and hereby is, approved. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D. , 1978 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /111 awn tari1 We l4 County Clerk and Recorder and Jerk to th Board /< 4e % l` 7/ * Deputy Coun Cler AP b D AS TO FORM: ky-vt-Aiv2Y County Attorney .rte.,. c J1' /'' Date Presented: January 18 , 1978 � �� ' �� :. from l h", Ol f le • of 41, Greeley, Colorado '111t9 Ul)Al?D GE CoDN'I'1' OP161CSSIODIIi;HS •;i';Li) COUN'T'Y , COLORADO November 7 , 1977 , 19 Publisher : Please insert the enclosed notice in your i r,suc the wcel: of January 2, 1978 __ one time only. It('(1ar(1ins payment , complete the cncloned voucher and forward it to us . When returnincr the voucher , I,l ''ar•e include an affidavit of publication so we may complete our file; . Thank you for your cooperation . Sincerely, DOCKET 78-4 '1'111; BOARD OE COUNTY Co:':NISSIONERS WELD COUNTY , COLORADO BY : Mary Ann beuorstein Count,' Clerk and Recorder and Clerk to the Noard By : /\ D ,puty County Clerk �.awwc '� f"�a► �'^' y .,� �. "E K,:sr ta'AKk _ v N' W .w ....., s�`yA}'1F.,4,,,r.• �x �{r Orr 1 .✓ T- .Ms. �Y i ,1 9y�Y � • ,\M� .4wZ/\ Y ��IK +�,� . �a .i4 A L♦ 3 tiiG•yt¢ P 9n. 'r may' �`,�. , ,.'b' "•v;'t'F. �.w �x •� 10l"P .Teate .5. • 1 PA +r • -.�w.^eeN.oM..r..e..--+ -. .— --.f..•.r.-.�s.�.�..... w nT........ .n.f.{..MreR.'.�-w.w..ax...+.rrMn /t .. '' [ .:-.. i • - a{ - .aT .... • Y.^ ____ n AMMININISSal K. NOTIC Pursuant to the zoning taws of the State of Colorado and the Weld County Land Use Code , a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County , Colorado, Weld County Centennial Center , 91 ', IUI_h Street. , Greeley, Colorado, at the time specified . All persons •in any manner interested in the following proposed Chancre of Zone , Subdivision Plat V,iralion , Recorded Exemption , Planned Knit Devel- opment Plan and Site Development Plan arc requested to attend and may be heard . BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may he examined in the Office of the Clerk of the Board of the County Commissioners , located in the Weld County Centennial Center, 915 10th Street , Third Floor , Greeley , Colorado. Docket No. 78-4 Louis Bright 3000 West 10th Street Greeley , Colorado 80631 Date : January 11 , 1978 Time: 2 : 00 P.M. Requests: Change of Zone from A-Agricultural to C-Commercial District; Vacate Subdivision Plat of Lots 5-12 , Western Hills Subdivision; Recorded Exemption # 260 ; Planned Unit Development Plant Site Development Plan for. Lot A of Recorded Exemption 4260 LOCATION; Approximately one and one"-half miles West of Greeley, Colorado. • THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: December 6, 1977 • DATE : Dec.er 2 , 1977 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 11th of January, 1978 at 2 : 00 P.M. : Louis Brighi, Greeley, Colo. COZ , A to C Vacate Subdivision Plat of Lots 5-12 , Western Hills RE #260 Planned Unit Development Plan Site Development Plan for Lot A of RE #260 OFFICE-- ' HE RK TO BOARD BY: t,„.1%,_, ` T.c eputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • • January 11, 1978 I hereby certify that pursuant to a notice dated December 5, 1977 , duly published December 7 , 1977 and December 28 , 1977 in the Greeley Journal, a public hearing was held on the requests of Louis Brighi for a Change of Zone from A-Agricultural District to C-Commercial District, for a vacation of subdivision plat of Lots 5-12 of Western Hills Subdivision, for a Recorded Exemption #260, for approval of a Planned Unit Development Plan, and for approval of a Site Development Plan for Lot A of Recorded Exemption #260. Dr. Brighi was represented by Legal Counsel, Thomas A. Houtchens, who presented the requests. Ken McWilliams, Weld County Planner, explained that the vacation of the subdivision plat for Lots 5-12 of Western Hills Subdivision had been acted on by the Commissioners on October 17, 1977 and had been inadvertantly advertised for the hearing. No action is necessary on the vacation. There was no one in the audience in opposition to the requests. After discussion, Commissioner Steinmark made a motion to grant the Change of Zone from A-Agricultural to C-Commercial District. Commissioner Roe seconded the motion and it carried unanimously. Commissioner Steinmark made a motion to grant Recorded Exemption #260 to Dr. Brighi. Commissioner Roe seconded the motion and it carried unanimously. A motion was then made by Commissioner Roe to approve the Planned Unit Development Plan with the development standards as listed by the Weld County Planning Commission. The motion was seconded by Commissioner Steinmark and carried unanimously. Commissioner Jacobucci made a motion to approve the Site Development Plan for Lot A of RE #260. Commissioner Steinmark seconded the motion and it carried unanimously. Commissioners Jacobucci, Roe, Steinmark and Chairman Dunbar were present for the hearing. Commissioner Carlson was absent. CHAIN BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: "� �� ' COUNTY CLERK ND RECORDER AND CLERK TO THE BOARD 1.1 BY: /a-- ty o ( Depu C unty Clerk Docket #78-4 Tape #78-4 • 0 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone, Subdivision Plat Vacation, Recorded Exemption, Planned Unit Devel- opment Plan and Site Development Plan are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor , Greeley, Colorado. Docket No. 78-4 Louis Brighi 3000 West 10th Street Greeley, Colorado 80631 Date: January 11, 1978 Time: 2 : 00 P.M. Requests: Change of Zone from A-Agricultural to C-Commercial District; Vacate Subdivision Plat of Lots 5-12 , Western Hills Subdivision; Recorded Exemption #260; Planned Unit Development Plan; Site Development Plan for Lot A of Recorded Exemption #260 LEGAL DESCRIPTION FOR THE CHANGE OF ZONE: A tract of land located in the Southeast Quarter (SE4) of Section 4 Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows : Beginning at the Northwest Corner (NW Cor) of Western Hills Subdivision as recorded in the Office of the County Clerk, Weld County, Colorado, in Plat Book 10, Page 29; Thence North 89°29 ' 00" West, 150. 00 feet; Thence North 29°22 ' 15" East, 227 .16 feet; Thence South 89°30 ' 45" East, 756. 48 feet; Thence South 00°31' 00" West, 190.38 feet to a point on the Northerly boundary of said Western Hills Subdivision; Thence along the Northerly boundary of said Western Hills Subdivision by the following two (2) courses and distances: North 89°29 ' 00" West, 666 . 55 feet; South 80°20 ' 00" West, 50.71 feet to the Point of Beginning. Said described tract of land contains 3 .56 acres, more or less and subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. LEGAL DESCRIPTION FOR VACATION PLAT, RECORDED EXEMPTION, PLANNED UNIT DEVELOPMENT PLAN AND SITE DEVELOPMENT PLAN: Part of the Southeast Quarter (SEQ) of Section 4 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : • • Beginning at the Southeast Corner CSE Cor) of said Section 4 and considering the East Line of said SEa of said Section 4 , as bearing North 06°30 '30" East, with all other bearings contained herein relative thereto: Thence North 06°30 '30" East, along said East Line, 57 . 01 feet; Thence North 89°29' 00" West, 783 . 96 feet to the True Point of Begin' Thence continuing North 89°29 ' 00" West, 686 . 78 feet; Thence North 06°30 ' 30" East, 290.13 feet; Thence North 89°29' 00" West, 150. 00 feet; Thence North 29°22' 15" East, 227 .16 feet; Thence South 89°30' 45" East, 756. 48 feet; Thence South 00°31' 00" West, 190. 38 feet; Thence North 89°29 ' 00" West, 59 .61 feet; Thence South 00°31' 00" West, 297 . 50 feet to the True Point of Beginning; Said described parcel of land contains 8 .146 acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: December 5, 1977 PUBLISHED: December 7 , 1977 and December 28 , 1977 in the Greeley Journal Affidavit of Publication STATE OF COLORADO, ee. County of Weld, I( Richard K. Larson of said County of Weld, being duly sworn, say thatmanager) g of am (publisher) (editor) (advertis- ing THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation ad uished i the • city fGreeley, in said county and st tent at n o which the an- ex d its a true ce or v copy, has tbeen published in said daily newspaper for one day; that the notice was published in the regular and ry_ entire issue of said newspaper, and in the newspaper proper and not in a supplement thereof; that was contained in the pp the issue of on of said of said new D per bearing date Me day of January A.D. 19 Io that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and uninterruptedly during the period of at least six months next prior to the issue thereof containing said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3. 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the ; laws of the State of Colorado. • i- Publ be ( dvertleing Mgr.) Subscribed and sworn to before me ��th��is day of .Tannan A.D. 19_L= Jens 6, p78 My commission expires y C / Notary publlc. 17/7 / 7 7-/ diCt N OTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone, Subdivision Plat Vacation, Recorded Exemption, Planned Unit Devel- opment Plan and Site Development Plan are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk of the Board of the County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor , Greeley, Colorado. Docket No. 78-4 Louis Brighi 3000 West 10th Street Greeley, Colorado 80631 Date: January 11, 1978 Time: 2 : 00 P.M. Requests: Change of Zone from A-Agricultural to C-Commercial District; Vacate Subdivision Plat of Lots 5-12 , Western Hills Subdivision; Recorded Exemption #260 : Planned Unit Development Plan; Site Development Plan for Lot A of Recorded Exemption #260 LEGAL DESCRIPTION FOR THE CHANGE OF ZONE: A tract of land located in the Southeast Quarter (SE4) of action 4 , Township 5 North, Range 66 West of the 6th P .M. , Weld. County, Colorado being more particularly described as follows: Of Beginning at the Northwest Corner (NW Cor) of Western Hills Subdivision as recorded in the Office of the County Clerk, Weld County, Colorado, in Plat Book 10, Page 29; Thence North 89°29 ' 00" West, 150. 00 feet; Thence North 29°22 ' 15" East, 227 .16 feet; Thence South 89°30 ' 45" East, 756 . 48 feet; Thence South 00°31' 00" West, 190. 38 feet to a point on the Northerly boundary of said Western Hills Subdivision; Thence along the Northerly boundary of said Western Hills Subdivision by the following two (2) courses and distances: North 89°29 ' 00" West, 666 . 55 feet; South 80° 20 ' 00" West, 50 . 71 feet to the Point of Beginning. Said described tract of land contains 3 . 56 acres , more or less and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. LEGAL DESCRIPTION FOR VACATION PLAT, RECORDED EXEMPTION, PLANNED UNIT DEVELOPMENT PLAN AND SITE DEVELOPMENT PLAN : Part of the Southeast Quarter (SEa) of Section 4 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: i r1 • • Beginning at the Southeast Corner (SE Cor) of said Section 4 and considering the East Line of said SEq of said Section 4 , as bearing North 06°30 ' 30" East, with all other bearings contained herein relative thereto: Thence North 06°30 ' 30" East, along said East Line, 57 . 01 feet; Thence North 89°2.9 ' 00" West, 783 . 96 feet to the True Point of Beginn: Thence continuing North 89°29 ' 00" West, 686 . 78 feet; Thence North 06°30 ' 30" East, 290. 13 feet; Thence North 89°29 ' 00" West, 150. 00 feet; Thence North 29°22 ' 15" East, 227 .16 feet; Thence South 89°30 ' 45" East, 756 . 48 feet; Thence South 00°31 ' 00" West, 190. 38 feet; Thence North 89°29 ' 00" West, 59 . 61 feet; Thence South 00°31 ' 00" West, 297 . 50 feet to the True Point of Beginning; Said described parcel of land contains 8 .146 acres, more or less , and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: December 5, 1977 PUBLISHED: December 7 , 1977 and December 28 , 1977 in the Greeley Journal • • x(77 Affidavit of Publication STATE OF COLORADO, 1 Iss. County of Weld, ,s 1 I, &Theta '-Cc. 1-Jf a of am' m - .. said County of Weld, being duly sworn, say that am publishers - •�C�.+s----' " �•�: I one of the pu of Tt _: .94 C' 1..1 THE GREELEY JOURNAL s p a' g- that the same is a weekly newspaper of general i T' } culation, published in the city of Greeley, in said county and state, that the notice or advertisement, • t ,.?'�rd,e;Y'z t of which the annexed is a true copy, has been pub- ' '4y. " d 4.... 11 fished in said weekly newspaper for Ws-Q ' • r,,,y,• weeks; that the notice was published in ''• f .1. the regular and entire issue of every number of said n newspaper during the period of time of publication ' a ;.' of said notice, and in the newspaper proper and not in a supplement thereof;that the first publication of said notice was contained in the issue of said news- u paper bearing date the r day of . ,A.D. 19-- and J ao .slssi6, the last publication thereof in the issue of said .yy pV4 newspaper bearing date the "------' -day of " • 4 r }'�- OR, ` , 19 17 that the said t .c .,,� The Greeley Journal has been published continu- - n. `4 ously and uninterruptedly during the period of at ' .*-4. 4 •^'.. least fifty-two consecutive weeks next prior to the ..M74 ID• first issue thereof containing said notice or adver- '' T N -r coma tisement above referred to; that said newspaper has been admitted to the Unite• .tes mails as second- . WV d class matter under the • ovis'•ns of the Act of ., Lr y" OE 903Q' March 3, 1979, or any a end,ent thereof,and that - contained said newspaper iso a week wspaper duly qualified ? -t - for publishing legal noti• s nd advertisements with- R in the meaning of the la of the S ate lorado of the Publishers. •'i '•4•v 'fs Subscribed and sworn to before me this Wait. - l rl E,•... li IYB PoInt of v day of � �-- rR , A.D. 19- '7'•�- a t; , of hind ow- Y .yam 1 face,entre 3 a aI Mtsyl' �_ --A-0,77 q,/�i�'� s..J s*d My commission ----> - y s -,sr*3a • Ik a$y_ 9g ,•�, s Notary Public. `P ti' }C.-k„t i. ..,,,1 '16:271 - ,OBMdY iA \S t BEFORE THFILD COUNTY, COLORADO PLANNING 40IISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date June 7, 1977 Case No. Z# 285:77:3 APPLICATION OF Louis Bright ADDRESS 3000 West 10th Street . Greeley, Colorado 80631 Moved by Percy Hiatt that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for rezoning from A ( A• ricultural District) to C ( Commercial District) covering the following described property in Weld County, Colorado, to-wit: See attached be recommend (favorably) (iI41CfaRJ) to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that this rezoning request is in the best interests of Weld County because: A. The expansion of the existing commercially zoned area provides for a more feasible development of the area and reduces the number of developable lots. B. The granting of this rezoning request for 3.56 acres will provide the additional area necessary for the auction barn proposal to develop properly by providing ample parking area and room for adequate landscaping. With the existing commercial zoning on the property within Western Hills Subdivision, this auction barn facility could be built as a use by right with potential adverse impacts due to limited onsite parking facilities and lack of access control. 2. The City of Greeley Planning Commission has made a favorable recommendation on this rezoning request. Motion seconded by: Chuck Carlson Vote: For Passage Ben Nix Against Passage Percy Hiatt Harry Ashley Bill Elliott Bette Kountz Chuck Carlson Ron Heitman The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shirley A. Phillips , Recording Secretary of 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 June 7, 1977 and recorded in Book No. p of the proceedings of the said Planning Commission. Dated the 16 day of June , 19 77. —STATE 0 COLORADO sa. • COUNTY OF WELD \ \, \\ Fila) ww,the c;erk of the 3oard Secretary of County Commissioners DEC ^ 1977 isc Pm COUNTY CLf ARD RECORDER Deputy /4 :4' 141 LEGAL DESCRIPTION L' A tract of land located in the Southeast Quarter (SE} ) of Section 4, Township 5 North Range 66 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the Northwest Corner (NW Cor) of Western Hills Subdivision as recorded in the office of the County Clerk, Weld County, Coloradc, in Plat Book 10, Page 29; Thence Forth 89° 29'00" West, 150.00 feet; Thence North 29°22'15" East, 227.16 feet; Thence South 89°30'45" East, 756.48 feet; Thence South 00° 31 '00" West, 190.38 feet to a point on the Northerly boundary of said Western Hills Subdivision; Thence along the Northerly boundary of said Western Hills Subdivision by the following two (2) courses and distances: North 89°29'00" West, 666.55 feet; South 80°20'00" West, 50. 71 feet to the Point of Beginning. Said described tract of land contains 3.56 acres, more or less and is sub' €otAF' rights-of-way or other easements as granted or reserved by instruments r' d? a now existing on said tract of land. ti • • ils Louis Brighi Z-285:77: 3 P. C. Resolution June 7, 1977 Comments: 1. It should be pointed out that Edgar Cook, one of the property owners to the south, submitted a letter of opposition to this rezoning request. raw4 n j;,:zi ,:7,Q,4P' yt vJ"r 2�'ii'. q-q `.,:s 44' �i!4., 4d� tig474'i:. . •L_--v'- 2 .9 ‘___/ 1 (//) Z , 7 �. - J / jL &s½zLet/S > ` / /p3 , , ,".3. /--)64/0, _Lc 4 .21A 382 ge /v. S)o,;-.1.) (/, (7;,..) .)._6/,./1/17 ?/ ? eA / 77 I D• �/1kPi:14 l'� C��ci1,�- ` ./ 14<i/7-get:V 6DP/o /a la Si, e , S3 6 e 2 Me“- ( ( f= /7 3. P_.):, / -2.5/4 ( 1'01/42 / Lou, /e G . Clt0i L^JJ car— /f1 a J 0 )? t c.. la I3 `"/ U _ --) ; /— - 1-1h UJ :: ,-i n u /a/Y-4 , (0 I 7 O 1 /07154 ' W /4. 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N C CT `,.4 E C • U) 0 .ry Si - ro -Hu w - >1 -HI H CC 0 C -H N w • U) Si r O C) M H 0 ro - -H U -HI Si O U - C) C) H-1 Z >, N H C C in , $-7 Cl -H H 0 U HM G O •-...- Z •O C) N C -P O Si C .. O •HI O H H in N C) CJ Cl 0 C) A H CJ Si C W •G a Si r0 .C: CP -P CP C) ro (z >, Si ro Hi -i -Hi Si Si CP .C C IC .G N 0 Si 0 in 0 in H U) U U) n 4X 0.7 Z (Y1 C4 :-E.. - 0 H • (Y. N In -'r U) to r� CO m O • HI (p HI HI HI HI HI H H HI N N • • • ,e,„, • � , i - - DEPARTMENT OF PLANNING SERV •;.:i PHONE 1303) 356-4000 EX O 915 10TH SI t GREELEY• COLORADO 1 h T y • COLORADO May 10, 1977 TO WHOM IT MAY CONCERN: The intent and purpose of this cover sheet is to briefly explain the various applications submitted by Dr. Louis Brighi which are being processed simultaneously. Dr. Louis Brighi presently owns Lots 5 through 12 of Western Hills Subdivision. Said property is currently zoned Commercial . It is located in Part of Section 4, T5N, R66W which is property immediately west of Rumar Carpets on the north side of U.S . Hwy. 34. In brief, Dr. Brighi desires to rezone an additional 3 . 5 acres of land (the property immediately to the north of Lots 5-12) to Commercial . (rezoning application) . At the same time Dr. Brighi desires to vacate the existing subdivision plat of Lots 5-12, Western Hills into two lots . (Final Subdivision Application with Vacation Plat ) Dr. Brighi then wants to split all of the Commercially zoned property into two lots (Recorded Exemption ) . Effect- ively then the number of lots will be reduced from eight to two and the area of Commercially zoned property will be expanded by 3. 5 acres . In addition , Dr. Brighi is filing a Planned Unit Development plan on all of the Commercially zoned property which identifies the standards for future development on the two lots. And last , Dr. Brighi is sub- mitting a site development plan for Lot A for an auction barn. To accomplish this Dr. Brighi has submitted the following applications : 1 . Request for rezoning from Agricultural to Commercial for 3 . 56 acres; 2. Final Subdivision Application to vacate Lots 5 through 12, Western Hills Subdivision ; 3 . Recorded Exemption to split all of the Commercially zoned property into two lots; 4. Filing of a Planned Unit Development Plan for all of the Commercially zoned property; and 5. Filing of a Site Development Plan for Lot A of the Recorded Exemption for construction of an auction barn. IP 4110/ 14 4 REZONING API'I.ICAT:1,0N Weld County Planning Department Services Building, Greeley, Col. �''U:t PLANNING DEPARTh 'NT USE ONLY: CASE lui,;e3Eli: __ PC HEARING DATE: SEC: TWP RANGE: • CC HEARLNG DATE: LAO CODE: SUB/DIV CODE: LOT: KEY: SUB: B:.K:_.__._.._-._---. r._ • ;.:qEft TO: REZONING FEE:. 0(...)474_ .r..._____ I) Date: - APP. CHECKED BY; '7 Yri 2) Date: REC. NO. : 'i)(:, 3) —Date: .. __�_ � Roc DECO. APPROVAL " )4)___ __ - -- j ►o oc .�,c.e. - P' w/4477 PU.b. Pi P:iue: �'� 2 Pl.R.' • TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIR J?2 TS: Pa t or R, type only, except for necessary si.gr..tstures. . I (we), the undersigned, hereby requ'3:st, a hearing before the 1Je1d County Planning Commission concerning propose;+ rfrfoni.ng of the.+ !calcimine d;snc -11Dad .tnincorporated area of Weld County s LEGAL DESCRIPTION: A tract of land located in the Southeast Quarter (SE;:,) of Section 4, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the Northwest Corner (NW Cor) of Western Mills Subdivision as recorded in the office of the County Clerk, Weld County, Colorado, in Plat Book 10, Page 29 ; Thence North 89°29 ' 00 " West, 150 .00 feet; Thence North 29°22 '15" East, 227 .16 feet; Thence South 89°30 ' 45" East, 756 .48 feet; Thence South 00°31 '00" West, 190 . 38 feet to a point on the Northerly boundary of said Western Mills Subdivision; Thence along the Northerly boundary of said Western Mills Subdivision by the following two (2) courses and distances: North 89°29 '00" West, 666 .55 feet; South 800°20 ' 00 " West, 50 .71 feet to the Point of Beginning . Said described tract of land contains 3 .56 acres, more or less and is subject to any rights-of-way or other easements as granted • or reserved by instruments of record or as now existing on said tract of land. • (If additional space is required, .attach an additional sheet of this same size) . STREET LOCATION: approximately 4 miles West of Greeley.on UPS.,_., .1-13u _JILPas._.__._. ?R'r'�AIT 7ONL A_Agric7ultural _ PROVi'LSrJ :.01-4 ;_cp. IgrC. .a].�A 'f'IiUY ARE A: 3 :56 acre; PIR PO5r: _ _..-.__ �_. -- --- IS THIS AREA PLATTED: YE ( ) NO Cx L. a:,�PLAI"J'ED, Nt ME OF PLAT; _ IS THIS AREA TO DE FLATTED: 'f.s::� (X) NO ( ). IF A S?�'iR. V-3 1i YES, .S f.AT BEEN SUBMITTED: YiS ( ) NO (X). This area will be platted together with what is now platted a The Western (fills Subdivision, recorded in the office of the County Cleric, FEE OWNERS OF AAA PFtOPOS!DFUR.Fi?{'IUillismilp''aga Zounty, Colorado, in Plat Book 10, NAME: Dr. Louis J. Brighi ADD 3S: 3000 W 10th.St. Greet • 53-?..9J.7 NAME: ,A i:D `a S: _.._ . _.__._.,,Ta,: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or oouta:.ned wi thin this applieati on aro true and correct to the best of my knowlodge. . COIThTY OF WELD ) /2 • S TATE OF COLORADO ) 727-2' /c-1 ' ,e,'" - C---/ Sic7. ,uro: 0,n,rr or Authorized Agent 1i Subscribed and ;worn to before me tilt:: _3rd day or .—_Februar __ , 19.77•J E A B ._...... . =:..Z.!..., �..'.;.:.:...S.�•L' ,• t•... -...+.-�� Nol�?itYY ?UII,1C M:' co-"rnisaion a Ines s_ October�l.,�1977 ...��- • ', . AGRICULTL/Fs'AL To COMMEF'C/Al_ (A toe) _ '8•)_J7 45 F. . • nn�) .il `i g S � �I, ,.3r. t,7 ''5 00 Il• _.._ __. __ 1• y . 7° O no;)9 q 4 Scolc I = 2Oo I IN 69° 29'00" t"✓ 10730/, '� U. S. HWY. 34 - ' • BF Car . • • r5t I 117 AI, DES Cltfl"I'ION �.,.R C:(4,'."1/4.) A tract ul I:. a I "'aIt'd in IIli) Sun l I10.1),I. i)n:lrlrr (pf:l ) of .:t.ri It'll I,,a.n:.ll ip i ;grin Rang(' Ito West ql I lie ()II, I'.'I. , 1:I,- Id Lew') v, Culm-,1d,.) boim,, wort) art ir111 'll lv t-si-rib, fgllos's: Itt.pinitI , .it the Nor tltt',-,;t Corner (NI' Cer ) of Western IIi. IIs Subdivision us - It-rnrtic•il in the ot( 'rc of the County (jerk, Weld County, f;olt,r;tdr , in 1' Int Soul; III, Flute 29; • 'Hume,. "ort h 7;n° 29'0(1" IW'esl 1511. OQ foci fltenrc• North 29°':" I5" fast , :!'7. I e, feel ; liorn•,' aouth 89° "30'.' 50 I'.asl , 750. 58 Ioot : Thence South OQ° )1 ' 011" West , 9(1. t8 (t.el to ., point on t hi) Not'I het-1 v bonndnry of said Western Ili lls Stib,l ivisi on: 'Cht.-rt,•t' .tlnup, IIle Nor I her iv ! olln,ary t.f snid 1:t.sl ern II I Is 5,1110 iv is ion ht' tht. Iii I ".di lit; / too ( 21 ,•oilrst anti disc ance.s: NttrlIt S;9° '9'l70" West , 660. 55 ( t-oi ; Snutli 710° 11'(UQ'" t;'t):.I , 511. 71 lout to the Point t)I Beginnirn;. S;tid Cie`-a. hoti E ru•I of !WW1 ,"eil I ill': '3. `tO at-re,,, more M. less. Will Is salh 'lCrI to ;Inc rights-t,l -td;ly or ot hen t•nst•nit'nls as grant ,.'rl on reserved by ,insl runl,.-nts 01 nta-tint ur -Is now exist inn, on snit) tenet et 1nn(1 . tiCl_1'iSl'i)I:'s Cpk'I I 'IC.1'I'li I hereby ciotilV II1;It this plat was prop.ired nndt•r Illy sultrrvisiva anti that the s;lme is correct: t,t. the best of my knowledge ;Ind bel icf. .IAtiPl;lt l-ppi-:S I. Cn lgradu P. E. t5 I..S . NU: 'I 092 I , hoin); the sole owners in Ion III fhe ahove des;erilit-d pr i.pertc , ho herelly request ( ho Zoning as shown on the iii h d neap. • The lot-cynini; rerlil Icat ion was .lcicnowlt lj-, cl hef(-,re lilt, this tiny or --- ,\.I). 19 _. ___ . ...; - • -. Nutara 1'uhIic - - - -- - I'l:o nil Itit Commission Cori- i ( it•nl (OH _ I'Ili,v is to Curl ifv that Ills• Wt•Id i:nnntt' I' Him iny Commission 11nI:•. npprot„-d rind Flo,•: ht 1 , ltt. I rronlulond ro [hc Ro:I1(I ul Comm'ss ionrr::, Weld Count ':, Colo . for Heil ; ''nt irnlal ion, :Ipprevnl :Ind nth„pt ion ill this Zone ('I Inn): '- as shown hereon :Intl deseribill this tidy of 1077. - . . . - Chniman, 0.1:i lining, Cinm1L•asion • B,t;Ird of County Comnlissinncra Cot-citir:tt ion. • _ This is to vet-t iIv t hitt t ht• l in;u d .a(..County Commissioners, Weld ()quilt Colo. , Jo horoby tout irm, approve and :I(lopt this Zone Chilly,. and re8nlntions this day of 19/7, . ChnirnLln, lio;i of t:otlnly Couunis::: ioutr:; Al test : . . cgluily Club l,t,. Urptilv G oegr d,-ti : - M N fP ro a - • o - tr - 'Dvi N -o rrl RI 1i O 3 • O N r- • U N U - N X d N r N W rn 1- - 0 cow Ow '- o H N N O 2orl Dg ' O H - N ri - O n • N O ? tr N w A N • O A o 3 rt 11 V7 O o -P o U - C O - O b N W w •r U7 H • - • O N - 11ON N N rorVD • LU • OD H o O O.) • i Nrl • G) tp n A S A• - Q - . O • N - 11 • N N ill O U rO In Or-4 XH rl u ri \ [v] c.f.) U] Ul 3 E N•C rI C 0 • 2 H N H H P: cn . • TO PETITIONERS FOR CHANGE OF ZONING WELD COUNTY, COLORADO 1. IS IT IMPRACTICAL, IMPOSSIBLE, OR UNDESIRABLE TO DEVELOP THE LAND ACCORDING TO ITS CURRENT ZONING CLASSIFICATION? The current zoning of this property is A-Agriculture . It is , at best, impractical and undesirable to make use of this land as it is currently zoned. The "Architectural Topographic Survey" of lots 5 through 12 , Western Hills Subdivision, and the parcel of land in question on this application, a copy of which is attached to the application, point out the rugged topography of the parcel which we are attempting to get rezoned. Throughout the parcel, the contour pitches and rolls with the elevation changing as much as 20 feet. This rough and rolling topography makesit impossible to economically grow any sort of crop on the land. As the land currently sits , it would be impossible to cultivate the land or to irrigate it. The "Architectural Topographic Survey" map indicates the presence of an ensilage pit on the parcel of land in question . It appears that this pit has not been used for the purpose of storing ensilage for some time. It has become a dumping pit for junk and debris and is no longer suitable for its original purpose .EFIT E TIRE COUNTY 2 . WULD THE AO TYPICAL DEVELOPMENT ZWHICH ONING BISN NEEDED IjAND NCANNOT LOCATE IN ALLOW INOTH 1 PARTS OF THE COUNTY? The proposed rezoning would benefit the entire county. Petiti does not contend that the proposed development, i . e . sales pavillio would not be possible in other parts of the County . However, the parcel-in-question on this application is contiguous to the Western Hills Subdivision which is currently zoned C-Commercial. As pointe nod out above, the parcel is not suitable for uses permitted by its ' 'Mg current zoning of A-Agriculture . The overall plan contemplated. by Petitioner is to have the parcel-in-question rezoned to C-Commercial, and then to have that parcel platted together with what is currently platted as the West( I Hills Subdivision . This will require a vacation of part of that plat and a replat which would include the rezoned parcel here in question. This plan will have the net effect of making the parcel useable for a productive purpose rather than allowing it to lie fallow as it has for many years . It will also make the land contained in the Western Hills Subdivision more suitable for its intended purposes. Since the lots , as currently platted, are small (approximately 73 ' x 240 ' ) . On the whole, the proposed rezoning would benefit the entire County. 3 . WOULD THE PROPOSED REZONING BENEFIT LANDS ADJOINING THE AREA REQUESTING THE CHANGE? The proposed rezoning would benefit the lands adjoining the area requesting the change . Primarily, the land contiguous to the parcel-in-question known as the Western Hills Subdivision would be benefitted. Other lands in the immediate area would also be benefitted. The Western Hills Subdivision is- currently zoned in the Comprehensive Plan as C-Commercial. Out of the twelve original lots platted, four have been sold and have structures on them which are used for commercial purposes . Lots 5 through 12 have not had further development on them. Dr. Brighi , the Petitioner herein , currently owns lots 5 through 12 of the subdivision. These lots are contiguous to and directly south of the parcel-in-question. The lots are small in size (73 ' x 2, and are difficult to market under the current plat. If the parcel-in- question here was to be rezoned to C-Commercial , the plan would be to vacate the current plat and replat the land together with the rezoned parcel contiguous to the north. It should be pointed out that this vacation and replat would not affect that part of the subdivision which already has buildings constructed thereon; i . e . lots 1 through 4 . Their rights would in no • way be adversely affected or prejudiced, since the north-south road platted between lot 4 and lot 5 would not be changed. If anything, - 2 - their interests would be made more valuable since Petitioner would undertake the development of a central access point off U. S. ft34- Business to service the anticipated use of the land as a sales pavillion . This access point would be as was originally planned in the current plat of Western Hills Subdivision but which has never been fully developed. If the zoning is granted and Petitioner is thereby allowed to proceed with his construction, not only would the existing commercial endeavors in the area be enhanced, but the safety of cars and people entering and exiting the area would be better provided for. Additionally, these improvements would add much to this area aesthetically. On the whole , the, entire area around the parcel-in- question would benefit. 4 . WHAT FEATURES APPLY TO THE PROPERTY REQUESTING REZONING WHICH MAKE IT LOGICAL TO REZONE THIS TRACT AND NOT TO REZONE IN A SIMILAR MANNER SURROUNDING PROPERTIES WHICH MAY HAVE LIKE LAND USE CHARACTERISTICS? The parcel-in-question here is uniquely suited to rezoning and • can be distinguished from other surrounding properties which may have like land use characteristics . The attributes which are relevant to this question are the size of the parcel , the location , the dysfunctional use the current zoning restricts it to because of its ' topography, that it is contiguous to currently subdivided property which is zoned as C-Commercial in the Comprehensive Plan, and that incorporation of this small parcel into currently subdivided commerciE property would enhance the value and usefulness of the currently subdivided property. As was pointed out above, the topography of the parcel is unsuite to agricultural uses and the land has for many years lay fallow. If this small parcel of approximately 190 feet by 750 feet is incorporate into the currently subdivided commercial property it is contiguous to, the value and usefulness of both will be enhanced. In addition, that the subdivided property is already in the Comprehensive Plan as C-Commercial , would not increase the traffic burden past that which would be expected if the rezoning is not grante There is a convenient access point to a frontage road which could offe service to all of the lots within the subdivision. This frontage road was in the original plat, and would remain under any replat. The access point onto U. S. #34-Business would not create a hazard because it is in the valley between two long inclines . The change of zoning would not increase the amount of traffic from what was planned for in the Comprehensive Plan. 5 . WHY ARE OTHER AREAS IN THE COUNTY ALREADY ZONED ACCORDING TO THE REQUESTED CLASSIFICATION, UNSUITABLE FOR THE DEVELOPMENT WHICH I: PROPOSED? The issue here is not so much the unavailability of other proper] zoned development sites , but rather desirability of this site and the unsuitability of the subdivided property as it currently is platted. The proposed development is a sales pavillion at which the auction of various items of personal property would be sold . If the parcel was rezoned, and the rezoned area was incorporated into the already subdivided lands , through the process of vacation and replat, then the building and property could be made more aesthetically pleasing as well as more amenable to the requirements of the Planning Commission for parking lots , open space, and landscaping, and would better accommodate the size of the structure and the nature of the activity. 6 . WHAT PROOF OF EVIDENCE IS AVAILABLE THAT THE ORIGINAL REZONING IS FAULTY OR THAT CHANGING CONDITIONS IN THE AREA JUSTIFY REZONING AT THIS TIME? There is evidence available that the original zoning of this narrow parcel was faulty and that changing conditions warrant reconsideration of the original zoning . Originally, the parcel-in- question here and the land constituting what is now the Western Hills Subdivision were not under common ownership. Since that time , Dr. Louis Brighi has come to own both the parcel-in-question here and the remaining undeveloped portion of the Subdivision. At the time the Subdivision was platted and zoned, it quite naturally would not have occurred to the owner to include somebody else ' s land within the Subdivision. Now that the remaining portion of the Subdivision and the narrow parcel-in-question here are under one ownership, it has become obvious to Dr. Brighi that the parcel would be better used as part of a - 4 - commercial development and should be platted and zoned to achieve this better result . Primarily, the parcel is useless for any agricultural purpose. Secondly, as part of the Subdivision , a better use can be made of not only the unplatted parcel , but of the platted lands . 7 . PLEASE SUBMIT ECONOMIC OR OTHER EVIDENCE THAT THE AREA COVERED BY THE PETITION , NEEDS ADDITIONAL COMMERCIAL OR BUSINESS IN THE AREA. (To be answered on changes requested for Business or Commercial) . By rezoning the parcel-in-question here , additional commercial enterprises would not be brought into the area beyond the potential that is already there . The rezoning and incorporation of this narrow parcel into an already C-Commercial zoned subdivision will make it easier to provide for parking, more open space and landscaping, as well as allowing for better placement of the planned sales pavillion on the property. All of the property involved would profit and become more useful both to potential owners and to the public . 8 . GIVE SOME EVIDENCE OF THE PROPOSED BUSINESS OR COMMERCIAL ENTERPRISES THAT ARE TO LOCATE IN THE REQUESTED AREA AND A TENTATIVE TIME SCHEDULE FOR CONSTRUCTION. (To be answered on changes requested for Business or Commercial) . At the present time, the only use anticipated is for a sales pavillion, or "auction house" . This would be basically retail sales of a commercial nature . It would function to sell by auction various types of new and used personal property. It would not auction at this sight any live animals . This structure will be enhanced with ample parking for the genera public, easy, safe, and direct entry and exit to and from a major highway, ample lighting and landscaping, and a clean and attractive structure . In short, the activity carried on here will be one in whic the public as a whole will use and find beneficial. It should be pointed out that the use described above is no different from that which would be if the rezoning was not granted. The owner feels that the rezoning he proposes would only help improve the potential use of all of the land involved. Construction of the building will begin as soon as process of rezoning and then vacation and replat of the subdivision is complete . Hopefully this will be toward the end of March or the first part of April. The overall plan will be to replat the Subdivision together with the parcel-in-question here. The replat is necessary for two reasons: First, it will be necessary to integrate the new parcel into the plan. Secondly, it will be necessary to change the pattern of streets and alleys so as to accommodate the planned structure . The frontage road paralleling U. S . #34-Business will remain. Also, the street which runs perpendicular to the highway between lots 4 and 5 will remain . Lot 4 is developed and Rumar Carpet occupies a building located thereon . -The other streets and alleys will be vacated and either relocated or eliminated. Under the replat, the owner and Petitioner would like to establic two lots of approximately five acres each in place of what is current: platted as eight lots , being lots 4 through 12 . The exact specificat: of the replatted subdivision have yet to be worked out, but they will be along these general premises . The sales pavillion will be built as described above on the eastern five acres. The western five acres will not be developed unt: a future date. When it is developed, it will carry on the same type of business insofar as it will be useful to the general public and conducive to coexistence with the surrounding commercial-business type enterprises . • - 6 - h •.'.nrtv7r„j PETITION SUPPORTING REZONING Board of County Commissioners of Weld County, Colorado Court House Greeley, Colorado Gentlemen: 'tie, the undersigned owners of property 1 cited within 50 feet of the property described in the rezoning application submitted by h R. Lnuu Auc,rii , hereby petition you !.o grant this rezoning request and to change the Zoning District Map so that the property involved shall be rezoned from — 47f1Cl414ura1 Zoning District to c.- co,u4verd%ae Zoning District. Signature Mailing Address Description of Property 717; ." „ r ///« 7," , /3/ ' /h .1� -l's (/- k2/ v� re :V--lc_ G�,y �_ — /6 ;,71 Ldp `ji l �- p ,, e I��M�a�.i /vnhf lSl.�.n:� J11 'k J�ptt - uc, (/ 7/r4 �'- �'< < <-K Cr E 1 -2- D r /C; 't-rt_ 1/ • PETITION SUPPORTING REZONING Board of County Commissioners of Weld County, Colorado Centennial Building Greeley, Colorado 80631 Gentlemen: I , Stanton Rapp, the owner of the property known as 6314 West 10th Street, Greeley, Colorado, which is located within 500 feet of the property described in the rezoning application submitted by Dr. Louis Brighi , hereby petition you to grant this rezoning request to change the Zoning District Map so that the property involved shall be rezoned from A-Agricultural Zoning District to C-Commercial Zoning District. Stanton Rapp 110 South 12th Street Thermopolis , Wyoming 82443 • PETITION SUPPORTING REZONING Board of County Commissioners of Weld County, Colorado Centennial Building Greeley, Colorado 80631 Gentlemen: I , Marie Snyder, the owner of the property known as 6104 West 10th Street, Greeley, Colorado, which is located within 500 feet of the property described in the rezoning application submitted by Dr. Louis Brighi , hereby petition you to grant this rezoning request to change the Zoning District Map so that the property involved shall be rezoned from A-Agricultural Zoning District to C-Commercial Zoning District. Marie Snyder j 6104 West 10th Street Greeley, Colorado 80631 • PETITION SUPPORTING REZONING Board of County Commissioners of Weld County, Colorado Centennial Building Greeley, Colorado 80631 Gentlemen: I, Robert G. Gardner, the owner of the property known as 6340 West Tenth Street, Greeley, Colorado, which is located within 500 ' of the property described in the rezoning application submitted by Dr. Louis Brighi, hereby petition you to grant this rezoning request to change the Zoning District Map so that the property involved shall be rezoned from A-Agricultural Zoning District to C-Commercial Zoning District. 71 7/ 7 Robert G. Gardner 6340 West Tenth Street Greeley, Colorado 80631 PETITION SUPPORTING REZONING Board of County Commissioners of Weld County, Colorado Centennial Building Greeley, Colorado 80631 Gentlemen: I, Dennis Oyler , President of Raldo, Inc. , the owner of property known as Yc Village Inn located on West Tenth Street F near'-Greeley,—Colorado, which is located within 500 ' of the property described in the rezoning application submitted by Dr. Louis Brighi, hereby petition you to grant this rezoning request to change the Zoning District Map so that the property involved shall be rezoned from A-Agricultural Zoning District to C-Commercial Zoning District. Dennis' O ' President y er, P o Raldo, Inc. 1 O\c\o 1th.� 7 1 -, ty�AiC.n...iw. - "_»rt 7, '1 ,} « 'i �'BPPr u4 7 4 , . i�+ i1:: `.1t• •.a •''• a ;,l1 r •r .A•S .S,rYJ'.A" w•r::'j•Li, .x' „°,-d fl.•..w.:•••• o w 111' �.i' 4 Y.•�. .Y�.: 1 I I • '0 pd 6 ?}qty 4"z k�1{ri),�w°e��, /1,' ��41 fA • 0:-:- ,,.1 1kT a `...�..*rs _ �'j( t;: r��W.y� '!"+(Yr'�,b'I.`�'+' + n„"2q `f�' +€�yn ^�'!ryid^ , . --�v �.r„ 7 ., `41�� yi1 L;� `2`rc+...7iL,;.,, 'mil' 1 ,i�,�."r.:;u;{a "i'fi4ltiC.°x,`h1i M .,1 ATM, acd sL.�, I ( 1 ; i .h. i Yi" ___________ .�. .s - . tie:, „,„ ,„„.....„,. . ,. . :,.A so,i,,,ece. -Thrm t of ----____..: ,,,, ,.„ ,,,,,,,,,. ...., .T.:,,,... ,/....,a,,,,, i- 1,----ii- ,,,,,„:„....,,,,„. , Li, ,,„��4 1'° J ..../710*;;5":".,,, ,t . `,d .. A Y 4�.! S 'k�� • r'�' `N''r a�r�;L� {��{;,{(3�� 1 I�� 4 rr�* '? rt� k: t .i',y �' ay' `�" i4,. �� ' %• GREELEY CIVIC CENTER GREELEY. COLORADO B0631 PHONE 1303' 353.6123 May 26 , 1977 � ; ' r. : . :till Ken McWilliams 1 R\ C c.I ,.r t 3 Weld County Planning Department L , e„11 . 1 P1 nn, Ca,; i simi 915 10th Street ,P Greeley, CO 80631 'y�=;•,., �,� Dear Ken : At its May 24, 1977 meeting, the City of Greeley Planning Commis- sion reviewed the County referrals on a Conditional Use Permit and the actions related to the Brighi C . U .D. The Planning Commission found no problems with the requested Conditional Use Permit for boarding stables . They recommended approval contingent upon adequate provision for flood proofing . In reviewing actions requested for the Commercial Unit Development located west of 59th Avenue on 10th Street , the Planning Commission considered staff concerns related to uses permitted , highway access , frontage roads , pedestrian circulation , and landscaping. It was understood by the Commission that permitted uses would be similar in nature to uses by right in the City' s C- 1 , C- 2 , C- 3 and C- 4 commercial districts . The Planning Commission voted to recommend approval of the proposed C .U . D. and site plan while stipulating the following conditions : 1 . Provisions he made for pedestrian movement from the west end of Lot B to the east boundary of Lot A 2. As stipulated in the unit development standards , require 15% landscaping in the site plan The Planning Commission also discussed the problems of access and the necessity of a frontage road . They recommend a limitation of two highway accesses as stipulated in the document . However , the Commission tabled a recommendation on frontage road policy in order "A COMMUNITY OF PROGRESS" I, Ken McWilliams May 26, 1977 Page 2 to allow City, County and Highway Department staff to develop a coordi- nated policy statement . This will be taken up at the June 14 meeting. If you have any questions , please do not hesitate to give me a call . Sincerely, /' rJ1j 7, John Given •Current Planner JG : eg / June 2, 1977 Department of Planning Services Weld County 915 10thSt, Greeley, Colorado 80631 Attn: Mr. Ken McWilliams Sir, In regards to your request for inrormation relating to the re-zoning ap- plications of Dr, Lewis Brighi, the following suggestions are hereby transmitted. Discussions with Mr. Dave Cropper, Project Engineer, about the construction of the proposed auction house indicated that; 1. A dry-pipe stand-pipe system be installed in accordance with the • Uniform Fire Code, for increased protection in the event of fire, Due to the water supply at the present, a dry stand-pipe will suf- fice until such time as a larger water main system is available, at which time the system can be converted to a wet stand-pipe system. 2. Appropriate size, type, and number of fire extinguishers be placed throughout the building so as to meet Uniform Fire Code standards. 3. An alarm system be installed and linked to a 24 hour monitor ser- vice, so as to provide around the clock notification in the event of need. Other than the preceeding suggestions in the construction of the facility, this department has no objections to the re-zoning changes requested, how-ever can •_ `�11- k r ' � �� wxF a y a - � \ �Y to a o \AR_ 1 Cy. ' , Western Hills Fire Protection District WEST 356-1223 - P.O. BOX 1765 GREELEY, COLORADO 80631 - EAST 356-1424 Page 2. A d • a commercial zoning trend would require added water supply requirement for future developement protection. Yours truly(Sj, l James B. Edwards Sr. Fire Chief Western Hills F. D. � `Y .. w .�' itifri S #;, l c x �7 t rr 1 '+ yi p + 1 r h y 'k-.a�^�.rtd�" P i. ;4' r ,� , e Ali Y,ij < 4"fl HIY`�b(��'d ajI O ..{` n♦ n p ,Q � ..y,� �Mln. rt'W*;4' yM 4 a w.'' ,4 r :r �e hid rt wn�1," n iCn A ^q.1 ��.1 �j t �� si �Al;, �� y '" ‘:1114' cy- � , t} 'y� ,��j �+,�, k i,: ` piprwr '�r.Np,:A,. _ � r •�''',�iC - ,t 1 Y'` •f1lltr.-71' 4n• • �li� ii1 ilft .° g• - x�' i ' s �{k„77 i'A'11r P. O. Box 86 • Greeley, Colorado 80631 June 2, 1977 40,4,0 Kenneth McWilliams Assistant Zoning Administrator Weld County Department of Planning Services Weld County Centennial Center Greeley, Colorado 80631 This is to acknowledge request for comment on Dr. Louis Bright rezoning appli— cation, change of subdivision application and Planned unit Development Plan filing. Otero sandy loam, 5 to 9% slope is the soil type found on the site. It has a moderate limitation for small commercial buildings due to the slope. The soil is easily erodable by wind and water without adequate ground cover. The area is not prime farmland and its juxta position lends itself very easily to the planned commercial land use. There are no surface drainage ways through the property which will provide problems to the site. There was no drainage plan provided with the site plan to evaluate. It is our concern that by installing gravel padded parking area the hydrology will be effected to an extent that a drainage plan will be needed to determine the amount of surface runoff, and adequate control measures provided for safe hand- ling of storm flows. We suggest that a drainage plan be provided with the final site plan for review. It is also our suggestion that as much of the area as possible be left in permanent vegetative cover to provide surface soil protection from wind and water erosion. We would like to see an erosion control plan submitted as part of the final site plan to determine adequacy. Milton BaumgartnAr, President West Greeley Soil Conservation District • / County OF HEALTH V ela CL ounty Iealtn Department DAVID WERKING DOS. GREELEY FRANKLIN D. YODER, MD, MPH 1516 HOSPITAL ROAD RALPH AAB. GREELEY DIRECTOR GREELEY, COLORADO 80631 CATHERINE BENSON. MKT WILLIAM BUCK. ROGGEN 13001 353 0540 DORIS DEFFKE. GREELEY DONALD HERGERT.GREELEY HERSCHEL PHELPS, JR.. M.D.. GREELEY F� CLARENCE SITZMAN.GREELEY May , 1977 JOE STOCKTON,GILCREST 1day 17, Mr. Gary Fortner Planning Commission 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: We recommend approval of rezoning of 3.56 acres from agricultural to commercial . Approval is also given for Recorded Exemption for Dr. Louis Brighi , 3000 W. 10th Street, Greeley, Colorado located in the SE':;, Section 4, Township 5 North, Range 66 West, Weld County Colorado. Sincerely, 7 i - , Glen E. Paul , Director Environmental Health Services GEP:dr WELD COUNTY COLA RADO Planning Commission May 13 , 1977 e-Ne For Action To Dote C For Info To Your Action Or Reply Is Required Subject: Dr . Lewis Bright On Or Before • Plan Unit Development Since all access points will be from U. S . Highway 34 onto a private frontage road there are no county engineering problems anticipated with this request . 1J Gilman E. Olson mfm 111,- • STATE DEPARTMENT OF HIGHWAYS Weld County US 34 Bus. JACK KINSTLINGER "'d'; EXECUTIVE DIRECTOR Brighi Comm. 44. Formerly Wesi DIVISION OF HIGHWAYS DISTRICT 4 Hills Sub. E. N. HAASE Y � '� il DWIGHT M. BOWER CHIEF ENGINEER DISTRICT ENGINEER STATE OF COLORADO P.O. BOX 050-1420 - 2ND ST. • GREELEY. COLORADO 60631 • 1303) -3537.1232 May 17, 1977 DOH FILE 04-1 Mr. Kenneth McWilliams ' y i Assistant Zoning Administrator Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. McWilliams : The Colorado Division of Highways has reviewed the applications of Dr. Lewis Brighi for 1 ) re-zoning from Agricultural to Commercial , 2) final subdivision, 3) Recorded Exemption, 4) PUD, and 5) Site Development Plan for Brighi Commercial PUD, a portion of Western Hills Subdivision. We would request that you give due consideration to our following comments. The Division has no objections to the above requests. We would request that consideration be given to the preservation of at least the right of way that exists at the easterly side of the property, 60 feet to the north side of the centerline of U.S. 34. The plat provided did not indicate the distance from the centerline of U.S. 34 to the proposed property. Enclosed is a copy of our right-of-way plans on Projects F 007-1 (2) and C-03-0016(11 ) . Plans on Project C-03-0016(11 ) indicate that the S.W. section corner of Section 4 is 2.5± feet south of the centerline of U.S. 34. The plat of the PUD indicates that it is 57.0± feet from the section corner to the right of way. Even though our centerline converges on the section line at a rate of 0.9± feet per 1 ,000 feet, it appears the right of way as shown on the plat would not meet our 60 feet offset from the centerline. The plat of Western Hills Subdivision used by Jay Freese to draft this PUD indicates a consistent 62.5 feet from the section line to the property line, with the property line paralleling the section line. We would request a letter with a plat which would clarify the above apparent discrepancies. Access to Lot A should be via a dedicated street, as described in Brighi PUD Standards, and not directly off of U.S. 34, as shown on the plat of Recorded Exemption No. 260. Access to Lot B should be via the existing common driveway with the adjacent property owner. The frontage road is described in Brighi PUD Standards as 60 feet in width, yet the plat indicates 37.5 feet in width. till - Weld County US 34 Bus. Brighi Comm. Formerly West Hills Sub. DOH FILE 04-4 MR. KENNETH MCWILLIAMS May 17, 1977 Page Two The Division would request that the developer provide accel/decel lanes for the two accesses and provide a continuous accel/decel lane the length of the property. The above will be required to meet peak vehicular discharge as well as the 20 to 25 vehicles per hour entering and leaving. The above-mentioned accel/decel lanes should be constructed 12-foot wide with four-foot paved shoulder. Minimum thickness of asphalt is three inches, and minimum thickness of 3/4 inch base is four inches. Embankment material shall be of good quality with a maximum slope of 4:1 plated with topsoil and re-seeded. A Driveway Permit will be required. Application should be accompanied by four sets of drawings indicating construction details as well as the location (distance to county roads or highway bridges, etc. ) . Application should be made 90 days prior to construction through Mr. David Fraser, District IV Maintenance Superintendent, P. 0. Box 850, Greeley, Colorado 80631 . Thank you for allowing the Division to review the above. Very truly yours , DWIGHT M. BOWER DISTRICT ENGINEER Albert Chotvats Assistant District Engineer AC: da Encl . cc: D. M. Bower Fraser-Yost File: Graham w/encl . via Finch-Patrick-Crier • 4 FIELD• r iECK u P`t7 a 9, 19" ' FILING NUMBER NAME 1-a S .lihL REQUEST eyezDY.tA / EEL) tAca.4-"S LEGAL DISCRIPTION h-}-, SE 9. Ser . 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However, you will recall that the question of frontage road development was tabled in order to bring County, Highway Department and City engineers together for a recommendation. This meeting was held with Frank Smith , Drew Shelting, Al Chotvacs , Bud Smead and myself present . All three agencies reached agreement on the following principles : 1 . ) Highway users have a right to unbroken flow of thru traffic . 2 . ) Parcels to both the east and west of the subject development may undergo more intensive use and a frontage road would no longer be serving one private entity. 3. ) While development restrictions applied to the Brighi zoning limit access to two points , changes in use and further parceliza- tion could create demands for additional direct highway access . 4 . ) A public right of way frontage road along a State highway is the best way to control access . In situations where interior service roads can be tied into a collector street , this is also desirable . 5 . ) While a frontage may be provided for in the C.U .D. plans , its improvements would not be assured unless dedicated as public right of way. "A COMMUNITY OF PROGRESS" it ,/ . ,; t Ken McWilliams June 9, 1977 Page 2 6 . ) The public need for a frontage road created by commercial uses permitted along highways outweighs concerns related to the burden of maintenance . It was therefore agreed by the County Engineer, Highway Depart- ment and City Public Works Director that , as a requirement of the Brighi C.U. D. , a 60- foot right of way be dedicated to the County. A 30- foot roadway should be constructed with a 30- foot buffer strip between the highway and the frontage road. In addition, plans were considered for the continuation of a service road as 59th Avenue as a frontage road or to the north as an interior road. The above recommendations will be taken to the Planning Commission on June 14 . At that time a Planning Commission recommendation will be made to the County Commissioners . If you have any questions , please feel free to call me . Sincere y, ohn Given urrent Planner JG : eg • RECORD OF PROCEEDINGS PLANNING COMMISSION May 24, 1977 The Planning Commission of the City of Greeley, Coloardo was called to order by Chairman Dean Cummins. Those present were Commissioners Dietz, Keirnes and Roeth. I. APPROVAL OF MINUTES After a spelling correction was made in the minutes of the May 10 meeting, Commissioner Roeth moved that they be approved. The motion was seconded by Commissioner Dietz and carried unanimously. II. COLLEGE GREEN, SECOND FILING, FINAL PLAT LOCATION: 16th Street and 45th Avenue Sam Sasaki, Planning Director, reviewed the plat. The preliminary plat was approved on March 22, 1977. The final plat shows two ad- ditional outlots covering frontage on 44th Avenue Court. At the time that 44th Avenue Court is dedicated and built, the outlots will be replatted. Commissioner Keirnes moved that the Planning Commission recommend approval of College Green Second Filing, Final Plat. The motion was seconded by Commissioner Roeth and carried unanimously. This action was taken pursuant to the Planning Commission's authorities under Charter Section 19-3(b). III. REFERRAL FROM COUNTY: REZONING (AGRICULTURAL TO COMMERCIAL, 3.56 ACRES) ; PLAT VACATION (8 LOTS ZONED COMMERCIAL) ; RECORDED EXEMPTION TO CREATE TWO LOTS; PLANNED UNIT DEVELOP- MENT PLAN; SITE DEVELOPMENT PLAN LOCATION: West of 59th Avenue, North of West 10th Street'. U.S. 34 Business Jay Freese, Ken McWilliams, Roger Houtchens and Max Baldwin were present. Ken McWilliams, County Planning Department, reviewed the item for the Commission. Dr. Brighi owns 8 lots of the Western Hills Sub- division which are zoned commercial in the County on which he plans to develop the Colorado Auction Company. He has also re- quested rezoning from agriculture to commercial for 3.56 additional acres to provide parking spaces. The County requests that it be zoned Commercial Unit Development so access and land use can be controlled. - Commissioner Keirnes asked if, in a PUD development, the developer has to present plans for uses and structures. Ken McWilliams said a developer must submit site plans to a review before obtaining building permits. The site plan will he reviewed separately. Mr. Sasaki discussed the proposed frontage road. He said it was staff's understanding that the County preferred a frontage road to be privately maintained. However, the staff feels this could cause future problems if the development is later annexed. Mr. Sasaki suggested the frontage road not be built or should be dedicated as a public road. Mr. McWilliams said that if the land was not already zoned commercial • t • • RECORD OF PROCEEDINGS Planning Commission Page 2 May 24, 1977 • a frontage road would not be recommended. He indicated the proposal is basically a trade-off to insure better site control. Commissioner Cummins commented there would be a problem with access onto the highway from the development. Mr. Sasaki said he didn't feel that the frontage road should he the determining factor in this item. Mr. Sasaki suggested that the Planning Commission make a recommendation to the County concerning the development of the frontage road. Ken McWilliams said he would like some kind of recommendation from the Commission before taking the item to the County Commission. The planning staff suggested plans for pedestrian movement along the frontage road servicing both lots and connecting with adjoining properties. Jay Freese said this could possibly be worked in with landscaping. The planning staff also requested that the site plan indicate a minimum of 15% landscaped area as was stipulated in the Commercial Unit Development standards. Commissioner Dietz moved that the Planning Commission recommend approval of the proposed PUD and site plan with the following conditions met: (1) provision for pedestrian movement along the frontage road, and (2) 15% landscaping. The motion was seconded by Commissioner Roeth and it carried unanimously. IV. ZONE CHANGE: R-3 (MULTI-FAMILY) TO C-4 (SERVICE BUSINESS) LOCATION: Lots 22, 23, Block 6, Volk Addition (Approximately 24th Street and 6th Avenue) The zoning request is for retail sales of lawn, sports and recrea- tional vehicle equipment. The request is for the front 130 feet of Lots 22 and 23, Block 6, Volk Addition. The additional 60 feet at the rear of Lots 22 and 23 are owned by D.A.V. Hall which has been notified of the zoning request. Staff recommends rezoning of the total area. and D.A.V. feel it would be compatible with their uses. Commissioner Dietz moved that the Planning Commission recommend approval of rezoning Lots 22 and 23, Block 6, Volk Addition from R-3 to C-4. The motion was seconded by Commissioner Keirnes and carried unanimously. This action was taken pursuant to the Planning Commission's authorities under Charter Section 19-3(b) and Sections 23-801 (d) and 23-805(a) and the Zoning Code. V. STREET VACATION: 6TH STREET AND 2ND AVENUE LOCATION: North of 7th Street Between 85 Bypass and Poudre River Mr. Sasaki said that a check of property owners finds that parcels with access to the proposed vacations are owned by Harold Law, applicant, with the exception of one who owns property south of 6th Street and east of the Poudre River. This owner objects to vacation which would eliminate access from Burger and Fry's Subdivision. Staff recommends that instead of vacating all of 6th Street, the vacation should he cut off at the east side of the Burger and Fry' s Subdivision. R, 3 a,. .�. I �G •a s d F�? w,�� . �� pv ' yl�r' *� j iII kJ '2.rw'w Ee Lla - ,iikertir.„--:-.0ess , - J A '� r t ..-1 Woi I5 ,,,•."'w6" •tii ld� 33-3„. .. C '4“- ,..v, n a 3fJr', ` Pa _..8440, le4 . ihre '. \'_ a,*.� . . .>_:,1 "r `iti14 I -:,' `Rri OA,I".. ir, ., GREELEY CIVIC CENTER GREELEY. COLORADO 60631 PHONE 303 353 6123 June 16 , 1977 �.W,v �� 810�� IN 11 Ken McWilliams JUN 1977 Weld County Planning Department REc 1VED '.�, 915 10th Street Greeley, CO 80631 a WefaContll �' P1analn6Cashissin0 4ti'/ ! Re : Brighi C . U . D. (61st Avenue and U. S . 34 Business) 9S o`a+i:' Dear Ken: Following recommendations by the County Engineer, State Highway Department and City Engineer, the Greeley Planning Commission voted to recommend to the County Commissioners that a public right- of-way dedication of 60- feet be made along the entire frontage of the Brighi C .U . D. The Commissioners advise that this is necessary to protect the flow of highway traffic from high volumes of anticipated com- mercial traffic generated by the development . In addition , they determined that internal circulation would he improved and access to the highway could be controlled. Finally , they recommend that the frontage road be developed with a 30- foot roadway that is buffered from the highway by a 30- foot landscaped strip. If you have any further questions , please do not hesitate to call me . 1 Nit Sincerely, hn Given urrent Planner "A COMMUNITY OF PROGRESS" v -BEFORE THE WELD COINIY PLANNING COMMISSION RESOLUT [ ON OF RECOMMENDATION iU TIIE , BOARD OF COUNTY COMMIISIGNERS Application by: Louis Brighi For: Vacation Plat and RE-260 Moved by _ __Ben _lNix that the following resolution be intro- duced for passage by the Weld County Planning Commission : Be it therefore Resolved iy toe Weld County Planning Conmission that the, following be recommendec.faovo eblp and of County Commissioners : 1. The approval of this vacation plat of Lots 5 through 12 of Western Hills Subdivision in conjunction with the recorded exemption request effectively reduces the number of lots from eight to two. It is the opinion of the Planning Commission that this reduction in developable commercial lots is advantageous for and in the best interests of Weld County. The Planning Commission staff recommendation for approval is conditional upon the vacation plat and recorded exemption plat accurately reflecting the policy decision between the City of Greeley and Weld County with regards to the necessity for a public frontage road along the north side of State Highway 34. The recorded exemption plat shall be amended to accurately indicate the access points off State Highway 34. Motion seconded by Chuck Carlson Vote : For Passage Abstain Against JUI,.11 Elliott — —Harry Ashley Percy Hiatt _ Chuck Carlson Ron Heitman Bette Kountz Ben Nix The Chairman declared the motion passed and ordered that a certified copy of this Resolutirn be forwarded with the file of this case to the Board of County Commissioners for further proceedings . a. y CERTIFICATION OF COPY I , ebiriny 4 Phillip , Recording Secretary of 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 June 7. 1977 and re- corded in Book No . V of the proceedings of the said Planning Commission . Dated the 17 day of June 19 77 Secretary • • APPLICATION FOR RECORDED EXEMPTION Weld County Planning Commission -353-2212 , Services Building , Greeley , Colo . FOR PLANNING DEPT . USE ONLY: LAND CODE : CASE NO : RE 260 T : S : 1 /4 : DATE : $� Z 7H . LEGAL DESC . APPR : APPL . FEE :f 5a o0 APP . CHECKED BY : _ _ RECORDING FEE : fi y , o o ; DATE SENT TO BOARD : RECEIPT NO . : 9y2-7 • I DATED FILED & RECORDED : TO BE COMPLETED BY APPLICANT : -(Print or type only except for required signatures ) : I (we ) , the undersign<,d hereby request that the following described prop- erty be designatrd a recorded exemption by the Weld County Board of County Commissioners : LEGAL DESCRIPTION : "SEE. ATTACHED SHEET" ACREAGE : LOT "A" 6.027 ; LOT "B " 2.119 ;TOTAL : 8.146 HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES NO X FEE OWNERS OF PROPERTY : NAME : Louis J. Brighi ADDRESS 1300 Palomar Dr. PHONE : NAME : ADDRESS Greeley, CO 80631PHONE : NAME : ADDRESS PHONE : WATER SOURCE well; cistern TYPE OF SEWER septic tank PROPOSED USE Auction house I hereby depose and state under the penalities of perjury that all statement. proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD 674STATE OF COLORADO Signjfure : 0 r or Authorized Agent Subscribed and sworn to before me this J day of -i2',: `.-, 1977 SEAL / NOTA0 PUBLIC 77 My com fission expires : • I. .. • • " RECORDED EXEMPTION N2.0959-4-4- RE 260 ,t4„• 'RFC. roe. 4B' S. B9°30'4S"e. \ra /e,57' 574.6/' 44/zors 'I LOT A 2.//3 floes b 6.027 Acres 0. (/NC. ./47 ROAD r� (INC. .443 ROAD A.O.W.) o RO.w) a -, 59.6/' /50.0"--------1707.91 ACAFS f N.59°29b0"W N 89 29'00"W $ Lk:o 107A 7,/07 B = 9•/F6 �•,5 p O• M LO $ No N co No 37J"8re s Road,/ O 783. 96 r ewe `4t1: 4' N89°29"ac w /7/.7B' — S/5.0— 686. 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' j t I .1 "4 4 ; l �� ' �,t44 r:r y` i s N 1 I f• � •iii Y Sr , /• r F !.. _ 1 , j t ,• � 1 Yr �yr• FJ ..r I ' L, ‘. s' ' -� . r :,.1.INI at.,'. wr A.., .1. 5,G x .1 , I Li • a r.h. "t#d •X ny1, Y• t 1.. hilt 3f, 1 �+. k _ J .7 f +. ti T:... 33' •.vim -..r. "� '.�.Yr �'Y•; r ! + 4„�'� u s i i r e�1 tb. 1 .; i. ,-r T K k s „,,,,,,Lt. %., .4,.,-,,.,3 1:'j ',:t• T • I , • }b, • •r lepi. 7 4 7 l .3 1e. V e. S S « e IYS. .,nA'�� S f1/ m Cr . ' 1, t:.� mall ;rte r In Ll:tr.. ,. :,�!a��rll • • .u'0K . FEB '-' Recorded I L9 1 1 i(!7r a ,/'-' I),.DI. O t`I ( �fa!,11],;) o'clock trx N r 59 ILs plena No S...LEE.SHEHEE,Jae Recorder N _--_ (!iY(k5 a tat, Made this 9th day of February I. In the I . • )....e of mat .n1 one thousand nine hundred and seventy-six , briween HARRY D. ROTH, a .-t II BILL J. ASKEW, and HENRY STENCEL art Ij of t's. County of Weld ,and Slate of Colorado.of the first part,and DR. LOUIS J. RUCHI • of the County of Weld CG • .and State of Colorado,of the second pa : •C' WITNESSIMI.That the said part lea of thelirst part,for and In consideration of the sum of other good and valuable consideration and tea n n • --.-----other said DOLLARS. to the parties of.the first part In hand paid hy.lhe said party of the second part,the receipt whereof is h.re-by cunt e;ed and acknowled-'d,ha ye grant,bargained,sold and conveyed,and by these presents do Y • grant.bargain,sell,convey and conlirminto the said parry of the second part, his heir;and assigns, ' • forcer.as the follow:ng desrr:bed lot or parcel of land,situate,lying and being in the County of Weld and n•I' S.te of Colorado. to-wi:: . 71 All of Lots Five (5), Six (6), Seven (7) and Eight (8) and Lots Nine (9) Ten (10) sd ; Eleven (11) and Twelve (12) located in the Western Hills Subdivision as 1s I a I recorded in the office of the County Clerk, Weld County, Colorado, Plat Book 10, Page 29; and also the following described parcel of land: Beginning at the Northwest corner of the said Western Hills Subdivision, Thence North 89°29'00" r • West, 150.00 feet;.Thence North 29°22'15" East, 277.16 feet; Thence South ill89°30'45" East, 756.48 feet; Thence South 00°31'00" West, 190.38 feet to a point o on the North line of the said Western :tills Subdivision; Thence North 89°29'00" "• West along the North line of the said Western Hills Subdivision, a distance of 666.55 feet; Thence South 80°20'00" West, 50.71 feet to the point of beginning, • • • • TOGETHER with all and singular the hereditament+ and appurtenances thereunto belonging,or In anywise• appertaining,and the reversion and reversions,remainder and remainders,rents,Issues and profits thereof;and all the haste,right,title,Interest,claim and demand whatsoever of the said parties of the first part either in law or equity, of,in and to the above bargained premises,with the hereditaments and appurtenances. ' TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said part y of the second part, hi theirs and assigns forever.And the said part ies of the first part,for their heirs.executors and administrators,do convenant,grant,bargain and o of the strand part, his agree to and with the said part y heirs and assigns,thin at the time of the ensealing and delivery of these presents• they are well seized of the premises above conveyed,as of goad,sure,perfect,absolute and indefeasible estate or inheritance, in law,in fee simple,and ha VC good right,full power and lawful authority to grant,bargain,sell and • <umey the same in manner and form aforesaid,and that the same are free and dear from all former and other grants, bargains, sales, hens, taxes, assessments and incmnbrances of whatever kind or nature server except easements, encumbrances, restrictions and limitations of record, and except for general taxes • and the above premises, in the quiet and peaceable possession of the said part y . of the second part, his heir and a+s,gns,against aR and every person or persons lawfully claiming or to claim the whole or any part thereof,the said part lea of the first part shall and will WARRANT AND 'OWNER DEPEND. IN WITNESS WHLREOF,The said part ies of the first part ha ye hereunto set their hand and I seal the day and year first above written. • • p Signed,Sealed and Delivered i..the Presence of 7 / � ., T -1 SL.L:111 C f. (SEAL) .. .. . Slate Documentary.CCFee _.......... ) ( l �.._ f Dale FEB V / "l: t /'f (SEAL) f' (SEAL) STATE OF COLORADO, County of Weld ( as �1 e foregoing Instrument fckno.eledy,t9 before/4° /l/ m is of . , la ..by day • w Td /. �lttis.� /+' w`() ,1,,A.(helal Seal. (/� 'pt , My Ccuntt(hi"'rfd l°r',pi1, Ma(-76 P. ��°(C eta s•\. Pticor, ;r, ' �c'• Notary f a� ,. ry Public f C Milling Addrra fri future Ts. Notices . .. ..j0(70 41 /Q.. ,it WARRANTY oEE0.T..c , e oma..ca, ,cow. soar ' ` 1 t Air • • •* • -BEFORE THE WELD CO 'NfY PLANNING COMMISSION RLSOLUT [ 0N OF RECOMMENDATION IU THE , BOARD . OF COUNTY COMMI ` S10NERS Application by: Louis Brighi For: Commercial Unit Development Plan Moved by Harry Ashley_ that the following resolution be intro- duced for passage by the Weld County Planning Commission : , Re it therefore Resolved Jy the Weld County Planning Conmission that the_ following be recommended/to the Board of County Commissioners : favorably 1. The approval of this Commercial Unit Development Plan provides standards for future development for the two lots of commercially zoned property and a reviewal of specific development proposals through a site review process. These development controls are advantageous to and in the best interests of the County. 2. The City of Greeley Planning Commission has indicated they recommend approval of the Commercial Unit Development Plan. 3. The Weld County Health Department has indicated they had no objectior to the unit development plan as proposed. 4. The Weld County Engineering Department has indicated they did not identify any engineering problems with this request. 5. The State Department of Highways has indicated they have no objections to the granting of this request. The Planning Commission staff recommendation for approval is subject to the following items being completed prior to the advertisement for the hearing by the Board of County Commissioners: Motion seconded by Percy .l3iatt_______ Vote : For Passage Abstain Against _Bill Elliott Harry Ashley Percy Hiatt • Chuck Carlson Ron Heitman Bette Kountz Ben Nix The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commissioners for further proceedings . r 1 • e Louis Brighi / PUD P. C. Resolution June 7, 1977 1. The first paragraph of the Development Standard detailing the permitted uses shall be amended to read, "The uses permitted on the hereon described property within this Commercial Unit Development for Lots A and B of Recorded Exemption 260 shall be: " 2. The plans and Development Standards shall be amended to make provision for pedestrian movement across the property in question as requested by the City of Greeley. 3. The plans and Development Standards shall be amended to reflect the recommendation from the State Department of Highways for acceleration/deceleration lanes. 4. The plan shall reflect the existing right-of-way for the north side of State Highway 34 (measured from the existing center line) as requested by the State Department of Highways. The Planning Commission staff recommended the plans and Development Standards reflect the decision by the City of Greeley Planning . Commission with regards to the need and desirability requiring a dedicated public frontage road along the north side of State Highway 34. The Greeley Planning Commission will resolve this policy issue on June 14, 1977. L ICr.?L ll:_'.st_F p1_o\ in cc the southeast Quarter (SE'4) of Section 4 , Township 5 North, e4. (, . West ol the 6th P . . , eld C'ountc', Colorado , heir; more p .rt ' ..ti1rl : described as follows: `7 6ca i.....iia; at. Leo Southeast Corner (SE Car) of said Section 4 and :oeciccer t 'F [apt lieu of Haid SE'6 of said Section 4 , as hearin7; ,'c 3013(!' oat, with all e LIc rhor bcarirhs coil ta Inc on . herein i rcr Jr retc ; I rel.-, „ North ;)6 30 30" lest , ; long said East line, 57.01 reef '' "ritd e t :0 Sc ' 97 L(i" West . 733. 96 leer La ! be True Point of 3ir'.inning; a � Iles coetineir 8orth 829'00" west, 686. 78 feet ; �J I0 ,. _ crt0 tH4 )0' 30" East , 2307 1i leCt. �� // ( 1 Pt r 1 r h bg 0'CO" r 1st , 1 ')0. CO teat;it .• t :6 )2.1' 15" I1. f 227. 16 left; O"` / o,4 . 0 !, rS. rte d9 30 5" lrrt , 75h.48 feet : W-77/7 / Then, or 0 00±'41 ' 00" 1 cst , 100 38 feet ; _')'L0" Nest , r. . r ,.ot : _ :ruti (10 ' . , '00" 'vc_st , 29/ . 30 fret to EL( True Point of bc- inning. (-Hip -1vsi-t-Hard parcel r1f lard centains 4. 146 acres, more or less, 1100 ris sehfd3 tr ❑n,' r hr 0 -y :v or o; l,7r t,s';aeat.s as recorded by in>t r ,.ac :t ,; oC record or at r.o.. c ;istint; on said described parcel cf CERTIFICATION OF COPY I , Shirley A. Phillips , Recording Secretary of 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 . edopted on June 7. 1977 and re- corded in Book No . V of the proceedings of the said Planning Commission . Dated the 17 day of June 19 77 Secretary �� \�� S BRIGHI PLANNED UNIT DEVELOPMENT STANDARDS Submitted in Connection with the Applica- tion by Dr. Louis Brighi for a Recorded Exemption Submitted to the Planning Com- mission Staff on May 5, 1977 . 1. PERMITTED USES : The uses permitted on the hereon described property within this Commercial Unit Development for Lots A and B of Recorded Exemp- tion 260 shall be as follows, to-wit: • Office uses; utility service facilities; police and fire sta- tion and facilities; commercial recreational facilities; pri- vate recreational facilities; theatres, conventional halls; coliseums and other such facilities or structures, private or public; newspaper plants and printing shops; parking lots and parking garages; headquarters and parking areas for services involving transportation of persons , but not property, including ambulance services, taxi services, and bus services ; gasoline service stations, repair garages and car washes; commercial storage facilities such as cold storage plants and other estab- lishments renting storage space to the public, but not including outside storage; establishments for the sale of merchandise at the wholesale lever, including those warehousing merchandise; establishments for the repair and restoration of small equip- ment and appliances such as radios and television sets, busi- ness office machines, and electrical appliances intended for use in residences; lumber yards, not including those with out- side storage areas; establishments for the sale of new and used cars, trucks, boats, campers and other such merchandise, including establishments with incidental repair facilities; establishments for the rental of tools, equipment and vehicles . The above list is not meant to be an exclusive list of the uses permitted on the property, but rather as an illustration of the types of uses which should be permitted. All storage associated with the proposed uses will be completely enclosed and the proposed uses will not produce effects such as industrial noise, smoke, vibration, odor, fumes, radiation, and other environmental impacts which will be observable with the natural senses at or beyond the property line of the PUD area. Uses will be reviewed, by the Planning Commission and the Board of County Commissioners, for compliance prior to issuance of any building permits . 2 . INTERIM LAND USE: Agricultural production will be permitted. If agricultural production is not pursued on all or any portion of the PUD area, all or any portion of the PUD area not in agricultural production shall be maintained in a manner so as to prevent fugitive dust, erosion, growth of noxious weeds, and non- ornamental ground cover shall not exceed 12 inches in height. t 3 . SITE PREPARATION: Site preparation, grading and drainage plans shall be submitted for review and approval by the Planning Commission and Board of County Commissioners prior to issuance of any building per- ' mits. If, subsequent to rezoning, further subdivision is con- , sidered, the drainage plan approved for the subdivision will determine requirements for site preparation, grading and drainage plans for development of individual lots . No building permits will be issued in areas determined to be within an identified 100 year flood plain, within natural or man made drainage courses or easements, or within a designated storm water reten- tion/detention area. 4. LOT STANDARDS : All structures shall be setback a minimum of 120 feet from the edge of the centerline of State Highway 34 . 5 . PARKING: Parking is to be provided as off-street parking. Specific parking plans shall be submitted for review and approval by the Planning Commission and the Board of County Commissioners . The following standards shall generally apply : Banks and Offices 1 space for each 300 square feet of gross floor area Retail Sales and Service 1 space for each 200 square feet of gross floor area Wholesale Sales and 1 space for each 600 square feet Service of gross floor area Manufacturing and Indus- 1 space for each 2 employees trial determined on the basis of the greatest number of persons employed at any one period of time, and 1 additional space for each company vehicle based at the location Where a use is not defined above or the standards are insuffi- cient for a given use, the specific standard will be established by the Planning Commission and the Board of County Commissioners prior to issuance of any building permits . 6. LANDSCAPING: a. No more than 85% of the area o'f any lot shall be covered by buildings, asphalt, or gravel. b. A minimum of 15% of each lot shall be maintained as land- scaped area. c. A minimum of 10 ' adjacent to the public right-of-way shall be landscaped. 7. SIGNS : The installation of signs shall conform to the specifications and requirement of Section 4. 4 of the Weld County Zoning Reso- lution. Applicable permits shall be obtained prior to installa- tion. -2- � r t •_J 8 . UTILITIES: Utilities will be installed underground. Water and sewage disposal must be reviewed and approved by the Planning Commis- sion and the Board of County Commissioners for availability and adequacy of demand for the specified use prior to issuance of any building permits . Water availability must also be ade- quate for fire protection services . 9. ACCESS : Access shall be restricted according to the following standards: a. Only one access shall be permitted from the State Highway for each lot, and said access points shall be to a public frontage road which shall be constructed by the owners and maintained by the County. The access points, as illustrated on the Planned Unit Development Plat, shall be located on the East Edge of Lot A at the already existing and dedicated public road. The second access point shall be at the South- west corner of Lot B. At such time as Lot B is developed, the owner shall use his best efforts to enter into an agreement with the property owner immediately to the West to construct a common access point to Lot B and to said property line to the West. At the present time, said prop- erty to the West of Lot B is serviced by a driveway which lies partially on said property and partially on Lot B. b. Said access points shall open up on to a public frontage road which shall parallel U.S. Highway 34 along the front edge of Lot A and Lot B. Said frontage rkOd shall be 00 feet in width and shall extend from the East edge of Lot A to the West edge of Lot B. Said access road shall be ded- icated to the public and shall constitute an easement for right-of-way between Lot A and Lot B, and a utility ease- ment, undergroundservices . c . The owners shall construct an acceleration lane on Highway U.S. 34, beginning at the eastern access point and continuing to the west along the front of the property for four hundred feet . The lane will be 12 feet wide with a four foot shoulder. Minimum thickness of the asphalt is three inches, and minimum thickness of 3/4 inch base is four inches. Em- bankment material shall be of good quality with a maximum slope of 4 : 1 plated with topsoil and reseeded. d. The access point at the western most edge of the property shall be constructed at such time as Lot B is developed, and a driveway permit from the State Department of Highways shall be obtained for each access onto the frontage road. 10. PEDESTRIAN MOVEMENT: Provision shall be made for pedestrian movement from the West end of Lot B to the East end of Lot A along the southern boundary of the property and parallel to U.S. Highway 34 . The portion of said pedestrian way within Lot A is platted on the Commercial Planned Unit Development and Site Plan submitted with the application. The portion on Lot B shall be platted at such time as a Site Plan for Lot B is filed. -3- • 11. FIRE PROTECTION MEASURES : Fire protection measures shall conform to the requirements of the Western Hills Fire Protection District which shall be determined in the site plan review prior to the issuance of any building permits. 12. SITE PLAN REVIEW: Prior to the issuance of any building permits for any lot, a final site plan shall be reviewed by the Weld County Planning Commission for a recommendation and the Board of County Com- missioners for their approval. Any changes of use on a lot which has been approved in a final site plan review shall be subject to review again for the new use. The final site plan review shall include the following. a. Identification in detail of the proposed use; b. The number, type, and frequency of traffic generated; c. The number of employees; d. A drainage study for the lot; e. Indication of the location of the proposed access and the internal traffic flow pattern; f. Indication of landscaping proposed; g. Information on what provisions shall be made for fire pro- tection; h. Indication of the water requirements and the proposed water system; i. Indication of the sewage requirements and details on the proposed system; and j . Identification of the number of parking spaces to be pro- vided. This required information shall be submitted in a combination of written and map form utilizing the Weld County PUD guidelines . -4- • • . . •BEFORE THE WELD CO 'HEY PLANNING COMMISSION RESOLUTION OF RECOMMENDATION U THE , BOARD OF. COUNTY COMMI ` SIONERS Application by: Louis Brighi For: Site Plan for Lot A of RE-260 Moved by __BetteKountz_ that the following resolution be intro- duced for passage by the Weld County Planning Commission : Be it therefore Resolved y Lire Weld County Planning Conmission that the following be recommended/to ora board of County Commissioners : t 1. The site plan complies with the development standards contained in the Commercial Planned Unit Development. 2. The City of Greeley Planning Commission has indicated they recommend approval of this site plan. 3. The Weld County Health Department has indicated they had no objections to the site development plan as proposed. 4. The Weld County Engineering Department has indicated they did not identify any engineering problems with this request. 5, The State Department of Highways has indicated they have no objections to the granting of this request. 6. The Western Hills Fire Protection District has indicated they have no objections to this site plan provided the stipulations contained in their letter dated June 2, 1977, are followed. The Planning Commission recommendation for approval is conditional upon the following items being completed prior to the advertisement for the Motion seconded by Bill Elliott Vote : For Passage Abstain Against Bill Elliott Harry Ashley Percy Hiatt Chuck Carlson Ron Heitman Bette Kountz Ben Nix Thr Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commissioners for further proceedings . •. Louis Brighi Site Development Plan P. C. Resolution June 7, 1977 hearing by the Board of County Commissioners: 1. The site plan shall be amended to show the location of the minimum 15% area to be landscaped. (The plan as presented falls short of this minimum requirement) . 2. The site plan shall display the finished contours of the parking area. 3. The drainage plan for the site shall be approved by the County Engineer. • • CERTIFICATION OF COPY I , Shirley A. Phillips , Recording Secretary of 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 June 7. 1977 and re- corded in Book No . p of the proceedings of the said Planning Commission . Dated the 17 day of June 19 77 r. in Secretary . • SITE PLAN FOR B:2IGHl RECORDED EXEMPTION, NO . 260 LOT A The following Site Plan is proposed by Dr . Louis J. Brighi for the Planning Commission and the Board of County Commis-- ! sioners approval , consistent with and pursuant to the planned unit development standards submitted in connection with the Brighi Recorded Exemption, No. 260. This written summary should be read in connection with the graphical discription on the Brighi Planned Unit Development and Site Plan plat. Use proposed for Lot A is to construct a building which will be used to house an auction house or sales pavilion. The auction house will be owned and operated by Baldwin and Company of Greeley, Colorado. The business will auction off items of new and used personal property to the general public at auctions which will be held several times a week . No live animals or livestock will be kept or sold on the premises . • Auctions will be held normally in the evening hours approximately two to four times per week. The burden of traffic generated by this business will be greatest when the actual auction is held, with parking available for approximately 350 cars . The • -tape of traffic during the auction will be primarily domestic cars , pickups, and a few small trucks . At other times during business - hours on weekdays, the traffic will be generated primarily by people bringing items in to the auction. This will be a relatively steady flow of traffic, averaging approximately 20 to 25 vehicles per hour. The type of vehicles will be domestic automobiles , pick- ups, and a few small trucks . The business will employ approximately 5 to 10 full time people. At the time auctions are held, an additional 10 to 15 part time employees may be required . The natural drainage of the lot will remain basically the same. Generally the run-off is from the Southeast to the North- west. The parking lot will be gravel and will absorb quite a bit of water. To provide for heavy rains or run-offs , several of the parking spaces in the Northwest corner of Lot A will be recessed to hold water for short periods of time, until it evaporates or can be absorbed. The area around the building will experience some accel- eration in the amount of run-off. Prior to the end of the planned construction, a drainage plan will he submitted to the County Engin- eer for his approval . Provisions will be made which will adequately meet his requirements . The access point for Lot A will be at the Southeast cor- ner of Lot A from U. S . 34 onto an already existing and dedicated road. The actual access to Lot A will he off the County Road onto a public access road which will parallel U. S . Highway 34 . The access road will he approximately sixty feet ( 60 ' ) wide and will run from the East edge or Lot A to the West edge of Lot B. This access road will be a public road. For those individuals making deliveries, there will be also access to the lot off the County Road to a loading dock located on the East side of the proposed building. Provision has been made in the Commercial Planned Unit Development for a sidewalk for pedestrians. The City of Greeley is concerned that after the area is fully developed there be a way ' platted for pedestrians . The plat accompanying this explanati.cn shows the position and location proposed. This pedestrian way will be developed as the need dictates and occurs . The Planned Unit Development standards also call for a pedestrian way along adjacent Lot B of this recorded exemption at such time as a site plan is filed. The area between the building and U.S . Highway 34 affront- ing the access road will be landscaped. There will also he land- scaping all around the proposed building. U . S. Soil Conservation Service has recommended that the green areas be populated by a combination of grasses, shrubs, trees and conifers which are in- digenous to the region and adapted for non-irrigated conditions . They would discourage landscaping which required large amounts of water to keep up. A combination of the following plants , shrubs , and trees will be planted in such a fashion so as to create an attractive area as well as a windbreak. The gound cover will be Buffalo grass, Blue Grama or Fairway Wheat grass . The shrubs will include Coragena, Lilac, Honeysuckle, Native Plum or other shrubs available for non-irrigated conditions . Several trees may he planted, including Green Ash, Hackberry, Chinese Elm, Honeylocust, or Russian Olive. Conifers which would be suited to this scheme include Rocky Mountain Juniper, Eastern Red Cedar, Austrian Pine, Ponderosa Pine or Pinon Pine . Rates and spacings will be available from the U. S. Soil Conservation Service at the time of planting. The owner has contacted the Fire Chief for the Western Hills Fire Prevention District. They have worked out the following plan for fire protection. Because of the unavailability of water to use with an interior sprinkling system initially, the building will have chemical extinguishers in a number sufficient to their reasonable needs , as suggested by the Western Hills Fire Protec- • Lion District. However, the building will be constructed with the plumbing for an interior sprinkling system, and at such time as water is available to utilize this system, the system will be made operable. The building and business will have very low requirements for water. They will aced water to clean with, and to operate their sanitary facilities . This will he provided by well water for which a permit has already been issued by the State. Drinking water will be cistern water which will be purchased commercially. Sewage will be provided for by a septic system, the details of which have been worked out between the County Engineer and Dave Cropper, the engineer. A report of their findings and agreements has been supplied to the Planning Commission staff by the County Engineer and is in their file. • -2- ' ' t' I 'If , • •,, I'CRMIT APPLICrsHION TOILM •— • Apply mon must _ heconpl -lep;heie - Al( API FUJII I(1 !IS! (1PO!IND PAlfR ,�iE ' ' • appboibl,• Ivrn. or IX ) AI'LItMIl IO I-1'.'LIIItUC I A Va. lI. i.`Iq print II. LiLACK Li' 5 TOI2. IA) A PERMIT 101h1';1 ALL A PUMP INK Nn over Or • or crasurus unless ( ) [2EPLACEMENJ F I OR NO - initialed. 1 I OTHER WYAfER Count CASE [TO._ (1) APPLICANT • mailing address fOR OfIICI. LISE ONLY. DO NOT l`.'RITE IN THIS COLUMN/NM E _/A-O6l/S 10r '7/ Receipt No .)__ / __ SI REF T..A-5673_/<' 'li'c7r 1%/-ta PlidSin D ,I CIT\'__CTre.ef-i-T`,/ — <Gt - g i,t-- - CQNDITIQNS-OF APPROVAL ri, ' __ This well shall be used in such a way as to cause TELEPHONE Ni) _�-� _�_. ✓1/� — --- no material injury to existing water rights. The issumoceol the permit does not assure the applicant (2) LOCATION OF PROPOSED WELL that no injury will occur to another vested water right or preclude another owner of a vested water County ��S unt right from seeking relief in a civil court action. — _oLc — 1 - --- ---'Jrof the �)� � , ES5• Section _--/ _--_ APPROVED FOR HOUSEHOLD USE ONLY, FOR ONE - - -- . Twp r'J�__ /V. Rng e,6 f!/ -d'_...----I' M. USED SINGLE I A s n Y 0;r,r{ I LING AND NOT TO BE FOR kt t: 1( 'N. THE ?I RN FLOW FROM THE USE Ot l U;:•; ‘,YIl',_ MOST BE RETURNED TO (3) WATER USE AND WELL DATA THE SAME STREAM SYSTEM IN WHICH THE WELL 1 2 LOCATE 11, 'r @pCsed maximum pumping He Igpinl Al _- 110 ASSURE THAT THE RETURN FLOW IS TO BE AJerage annual amount of ground water / RETURNED TO THE SAME STREAM SYSIEM, AN to h^ apprnpnn u;d lane-Iced'.__ .. — INDIVIDUAL WASTE-WA LU DISFOGAL SYSTEM, WHEN USED, MUST BE OF THE NON•EVAPORATIVE Number of acres to be irrigated: _____—___��-.___.._. TYPE. Pr otiose(' total depth IfeetI: _____/o.61______________ THE MUNICIPAL GP COUNTY GOVERNMENT SHALL BE CONSULTED THEN LOCATING Aquifer gr mind water Is to be obtained hum: // �� // THIS WELL, ANL EIP ELGULATIONS <7l,cr_STr✓l E SHALL ET- CC MPT YKD 'MTH. 60/1 Owner's well designation GROUND WATER TO BE USED FOR: • (X) HOUSEHOLD USE ONLY • no If r igar ion ID) . ( ) DOMES FIG Ill I ) INDUSTRIAL (51 1 I LIVES] OCK 1?I I I IRRIGATION (El ( 1 COMMERCIAL HI ( I MUNICIPAL WI I I (nUI n nn__ ----_-- APP_ LICA_TION_APPROV ED • _ DETAIL 111E uSE ON BACK IN 1111 885 `50 PERMIT NUMBER _ _ _ (4) DRILLER FEB 2-4 1977 _-� / DATE ISSUED __--_—.---- ,(—'�} Nan,„ .,,-ry_F� D!/�i_zki'r_-/CL=----- EXPIRAT ATE FEB 2`2 1979 Street /70-1/ S --271 i1!c ?7 /�tLt / to • taia City C �C% 'l: l _ DP�ECJ2YIsrA,f_ ENG N�� ------ � 6t get rim) .7 3 BY 171 - -- i TCI•phm ' Nn •�5�� .1/7-� ln.. No._._. 72___- i I.D. / - C_____:_____7 _• -_-_-. COUNTYL_C • (5) THE-LOCATION OF THE PRACISED WELL ;Ifni 'Hi reaen (6) THE LL MUST BE LOCATED BELOW which Ilae water.will be used mu t filicIIItl on Ole gory .1111 below_ by de ,,s horn section lines. • .Use the CENTER SECTION (1 sec. 640 acres) for the well location © c. • 45)4-2C _ ft, !ruin• __a¢ell//_ see•.. line !! ------• 1 MILE,5280 FEET --•- )I I _Tee) 1t. from -,7.q4- sec. line (east or west) • - LOT _BLOCK FILING . __-- I I I SUBDIVISION • i _ —I. _ - I NORTH SECTION LINE — — + (7) TRACT' ON WHICH// WELL WILL BE I wner/6 LOCATED owner/6w.:c -213/7/ • NORTH I - _ - — I - n -I- .I. No. Of acres 7iPrek I . Will this be viJ I -4 Z m ' the only well on this tract? ei.% U n I w • 4 i o (B) PROPOSED CASING PROGRAM I . N _ I Plain Casing w r/'1 -�- _ 3— — —� — _I. '_ _. -1,- -- m ..f_ t �' in. frons lt. to ,-I V ft. x I ._ in. from ft. to ft. SOUTH SEC HON LINE — -I- -' -1- Perforated casing I I —._- _ in. from cYC-) f t. to /0d R. t • _L. .I. ._. ., _ I. I. -4 _ ._..___ in. from ft. JO _ ft. I (9) FOR REPLACEMENT WELLSgivedistance ' L and direction from old well and plans for plugging • 4- __ _)_ __ -E. _ _}_ __- -I . _l_ -- - --- ---- ---- -- --- it: The scale of the diagram is 2 inches I mile • Each small cheap:rePlesents 40 ann"s_ \NATE fl EOUIVAI EN IS IAnLE Wounded Figures) -- - ' An acre-foot covers 1 acre of land I foot deep i I cubic loot per second Ids! 449 rations per I. Hole (gem) A fancily of 5 will renvne approximately I acre foot of water per year. I acre-foot . . . 43.550 cubic feel 325,900 gallons -- 1,000 gum pumped continuously for one clay produces 4 47 acre leer. • (10) LAND ON WHICH GROUND WATER WILL BE USED: eri Owner(sl: Kier///tS5� 1 -_t_e i."1_!_-- /— /�—/-- _ No. of acres:17: -611. / - Legal description- I1/kafe.iJfi c- .Sirtlli.g _e, l ;(25yeK let_5'.1S,��SK" 7-7<-� � _.'/ (11) QETAILEO DESCRIPTION of the use of yrounel water: Household use and domestic wells must indicate type of disposaYr'rd system to be used. 3 / �'N�, � -/ / sr /±1a/ ��i///r_��1 a! L7r l'ylo/ `t ' �.1� 71 s�x°rs. • (12) QTHEB WA'E _FAG H TS used on this land, including wells Com Registration and Water Court Case Numbers, Type or right • ' Used for (purpose! Desctipl ion of land on which used p4if(V (13) THE, APPLICANT(S).- TATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLED 'E. / / ç, /2 ' C/ S/GNA T(//7F OF APPL TCANT(50 • • • Use additional sheets of paper if more space is required. 10- • gerecse. £n y neerinG7'cc// ENGINEERING CONSULTANTS • ' MAILING ADDRESS BOX 913 JASPLR "JAY-' FREESE OFFICE 2506 GEM AVENUE REGISIEREU PMVF'.SSIONAL ENGINEER GREELEY. COLO 80631 HLGISIFMIG LAND SURVEYOR • PHONE 352-0100 • March 10 , 1977 Mr . Glen Paul , Director Weld County Health ) ept . 1516 16th Avenue Court Greeley , CO 50631 Dear Sir : Subject : Septic System for Colorado Auction House Lots 5- 12 , Western HI Its Subdivision . . As per our telephone discussion-of March 10 , 1977 we propose to use 2- 1000 gallon septic tanks in series . There appears to he no appropriate usage: factor in Table I . page 21 of the Individual Sewage DisposaI Systvrn Regulations of the Weld County Health Department . I calculated the absorption arearequired to he 1100 square feet using the formula on page 33 of the above regulations . I assumed 1000 gal /day usage ( as we discussed ) and a percolation rate of 30 min/ in . Tf you have any Questions or require additional .information please telephone me . Respectfully submitted , J. spc�X Freese JF :tnas . RECORDING DATA - MAPS & PLATS NAME OF SUBDIVISION Recorded Exemption #D949_A_4-RE- 2 O --- NAME OF SUBDIVIDER Pt. SEi Sec. 4, T. 5 N. , R. 66 W. of the 6th P.M. LOCATION OF SUBDIVISION JUL 101979 BOOK 874 RECEPTION # 1796276 DATE OF RECORDING _ MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER RKKK AND RECORRDER BY: LL-ti /1LLt.cJ,OXKJ� DEPUTY COUNTY CLERK & RECORDER •2ECORDING DAT PS b? ATS • NAME OF SUBDIVISION Brighi Zone Change _^_---_ __--- Louis J. Brighi NAMF OF SUBDIVIDER '- 66 W. of the 6th P.M. Pt. SET& of Sec. 4, T. 5 N. , R. _— LOCATION OF SUBDIVISION JUL 101979 BOOK 874 RECEPTION # 1�196Z�J nATE OF RECORDING MARY ANN FEUERSTEIN MELD COUNTY CLERK AND RECORDER BY:DEPIIT4NTCLERK & RFcOP DFR . RECORDING DATA - MAPS & PLATED NAME OF SUBDIVISION Brighi Commercial Planned Unit Development NAME OF SUBDIVIDER Louis J. Brighi Pt SE} of Sec. 4, T. 5 N. , R. 66 W. of the 6th P.M. LOCATION OF SUBDIVISION JUL 101979 BOOK 874RECEPTION M 1796281 DATE OF RECORDING _ MARY ANN FEUERSTEIN WELD COUNTY CLERK A RECORDER BY: DEPUTY COUNT CLERK & RECORDER Hello