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HomeMy WebLinkAbout790029.tiff Recorded at ..y=...m._. � A'y 5 /: ^,,� p 179. 496; ;r I z, «./� CJ e" C9 I U Rec. No. Or/� State of Colorado, Weld County Clerk & Recorder RESOLUTION RE: GRANT CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO j C-COMMERCIAL DISTRICT WITH A UNIT DEVELOPMENT FOR CHARLES ERICKSON, 2103 GLENFAIR ROAD, GREELEY, COLORADO 80631 r�≥ WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home _-r C• r-t Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 20th day of June, 1979 at 2 :00 o 'clock p.m. for the purpose of hearing the petition 0 of Charles Erickson, 2103 Glenfair Road, Greeley, Colorado 80631 requesting a change of zone from A-Agricultural District to LIN C-Commercial District with a Unit Development for the following des' ,,ed parcel of land, to-wit: A parcel of land South of the Colorado & Southern Railroad right-of-way and North of "F" Street, located in the Northwest Quarter of the Southwest Quarter of Sec- tion 36, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. WHEREAS, Section 8 . 2 and 8. 3 of the Weld County Zoning Resol- ution authorizes the Board of County Commissioners to grant a change of zone with a Unit Development upon the showing by the petitioner of certain facts , and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Weld County Planning Commission, and having been fully informed, is satisfied that the request for re-zoning with a Unit Development complies with the Weld County Comprehensive Plan and the conditions set forth in Section 8 . 2 and 8 . 3 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 Charles Erickson for a change of zone from A-Agricultural District to C-Commercial District with a Unit Development on the abovedescribed tract of land be, and hereby is , granted subject to the recommenda- 790029 01.c.351 873 1794362 a-02 tions , conditions and development standards as recommended by the Planning Commission and hereby adopted by the Board. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommenda- tions dated June 5, 1979 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 20th day of June, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r � # 21 1`7c Itci KL I. . 1:26-e ATTEST: " 1"_"� W -,A-Te Pn_ "Weld County Clerk and Recorder and Clerk to the Boar. a ' BY: i3 , A eputy County Cl or CitT0 County Attorney DATE PRESENTED: JUNE 25, 1979 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Nancy C . Johnson of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and M "" '' "" THE GREELEY REPUBLICAN At m41Wra of e, weld County cmtonntari that the same is a daily newspaper of general Comer, ni Infit Wet, traaay' circulation andprinted andCity Colon a Mt ttma aa: Au published in the of Orions In airy mMMa�H1I NtlPo Me Greeley, in said county and state; that the notice or a pot aro '•Dheart advertisement, of which the annexed is a true copy, has _thorn*tact and ,W ll�tte tkwdyvtot. been published in said daily newspaper for consecutive n ' Ws mp-Y►anm on m Infltinfftnintlionref a itIll (days) (weeks); that the notice was published in the 4 CCr istvdrt hamm regular and entire issue of every number of said newspaper during the period and time of publication of °'RnriR'en said notice, and in the newspaper proper and not in a sear hos cant Nal supplement thereof; that the first publication of said 0W��i �•, , notice was contained in the issue of said newspaper tt :walk,, R laps,from Al bearing date 1, H AiC•(Com- L ?IOW eleventh eleventh ,ry „ T y*+p day of June A.D. 19 79 a r and the last publication thereof; in the issue of said itir thy , R p d iliral�., Wald newspaper bearing date the fr ,,, 4•• touiti '1!1ltllM .tas Tv, Ado eleventh „„ ,• o day of June A.D. 1979 A 0 that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and S. !r'"" uninterruptedly during the period of at least six months next prior to the first issue thereof contained 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. June 11 , 1979 Total Charges $13 . 92 Advertising Clerk Subscribed and sworn to before me this 11th da of June / A.D. 19 79 My co isssiioo Aires- Y Co fission ex fires Feb 28 1992 Notary Public A public hearing was conducted on June 20 1979 at 2: 00 P. M. , with the following present: NORMAN CARLSON CHAIRMAN , EXCUSED ZYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER LEONARD ROE COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: • ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM HONN the following business was transacted: I hereby certify that pursuant to a notice dated May 14 , 1979, duly published May 17 , 1979 and June 7 , 1979 in the Platteville Herald, a public hearing was held on the request of Charles E. Erickson for a Change of Zone, from'A (Agriculture) District to C (Commercial) . District. Tom Honn reviewed the request and lead the favorable recommendation submitted by the Planning Commission including a Unit Development and developmental _standards . Glenn Billings, representing Webhan Corporation and Mr. Erickson, presented testimony. There was no one present objecting to said request. Commissioner Kirby made motion to approve the Change of Zone from A (Agriculture) District to C (Commercial) District, and unit development including the development standards . It was a consensus of the Board that Mr. Erickson be allowed to delay the planting in the landscaping plans until the construction of "F" Street is nearing completion but that the access to the site be immediately limited to one entrance from "F" Street, as stressed in . the development standards. The motion carried unanimously. Mr. Erickson was also present and answered questions . • • 441.4.1. 4.94-4-44-42-16/ BOARD OF COUNTY COMMISSIONERS L, -VELD COUNTY, COLORADO ATTEST:("" j a1/4 � aAhtat a/ WELD COUNTY CLERK AND RECORDER LERK APO THE 0 D y County er DO ET # 79-28 5A-PE # 79-72 LHR-# / Y 17 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Comnissioners 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 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. APPLICANT DOCKET NO. 79-28 Charles E. Erickson 2103 Olenfair Road Greeley, Colorado 80631 DATE: June 20, 11979 TIME: 2 : 00 P.M. REQUEST: Change of Zone, from a (Agriculture) district to C ( Commercial) District LEGAL DISCRIPTION: A parcel of land South of the Colorado and Southern Railroad right-of-way and North of "F" Street, located in the Northwest Quarter of the Southwest Quarter of Section 36, Township 6 North, Range 6-6 West of the -6th P.M. , Weld County, Colorado. THE -BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSETIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha Hubbard, Deputy DATED: May 14, 1979 PUBLISHED: May 17, 1979 and -Tune 7, 1878 in the :Platteville Herald i I I. ti ll A N C E RECOP D APPLICANT : CHARLES E. E1 KSON TIME : _.O0 P.M. DOCKET#79-28 DATE : JUNE 20, 1979 REQUEST : CHANGE OF ZONE, (A to C) NAME ADDRESS SF 2 5- Ce-l�it . � __ 3F' DATE: May 14 1979 TO: The Board of County Commis-sioners Weld County, Colorado FROM: Clerk to the Board Office • Commissioners : If you have no objections, we have tentatively set the following hearing for the 20th of June. DOC 79-27 Adolph Coors Co. , SUP, Open Cut Mining Permit-Coal DOC 79-28 Charles E. Erickson, COZ A to C OFFICE 0$ THE CLERK TO THE__H,, BOARD BY' L /jt-t-e2O.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 / v BEFORE TH' 'ELD COUNTY, COLORADO PLANNING " MISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date June 5, 1979 Case No. Z# 322: 79 :6 APPLICATION OF Charles E. Erickson ADDRESS P.Q. Box 1296, Greeley, Colorado 80631 Moved by Jerry Kiefer 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 ( Agricultural District) to C ( Commercial District) covering the fol lowing described • • *y in Weld County, Colorado, to-wit: with a Unit Develonment I I r,.l r j, r I lir r,, / 1 6 'If Iit( (ill • be recommend (favorably) i$Lligg to the Board of County Commissioners for the following reasons: 1 . It is the opinion of the Planning Commission that the applicant has complied with Section 8. 3 of the Weld County Zoning Resolution which states: "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary. Recent findings and oral statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification. Without the pre- sentation of such supporting documentation, the County Planning Commission should not recommend a change of zoning. " Motion seconded by: Fred Otis Vote: For Passage Percy Jjiat Against Passage Ben Nix Abstained Chuck Carlson Fred_ Otis Jerry Kiefer Frank Suckla Bette Kountz 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 aoo ve and foregoing Resolution is a true copy of the Resolution of the Planning Comssion of Weld County, Colorado, adopted on June 5 , 1979 and recorded in Book No. VI of the proceedings o the said Planning Commission. Dated the 6 day of June , 19 79. Will cm clowtsvng \tr) Secretary JUN 7 1979 A t. anrerkfula. Charles E. Erickson Z-322 : 79 : 6 PLANNING COMMISSION RECOMMENDATION June 5 , 1979 It is the opinion of the Planning Commission that the applicant has demonstrated that the original zoning was faulty and, also , that changing conditions in the area now justify a new zoning classification . This determination is based, in part , on the fact that since the approval of the original county zoning in May , 1961, for this property, land north of the Colorado and Southern Railroad to the river was zoned Industrial in August , 1964 . This 1 . 2 acre parcel remained designated as Agricultural Zone District . The parcel is however too small for agricultural purposes and therefore it appears the original zoning was faulty in this respect . Since the original zoning the City of Greeley has adopted a Comprehensive Plan which describes the use designation for the parcel as Commercial land uses . 2 . The rezoning request agrees with the policies contained within the Weld County Comprehensive Plan in that the request for commercial development is in compliance with the use designation for this area as outlined in the Greeley Comprehensive Plan . The City of Greeley has recommended approval of this change of zone with a unit development based upon the use designation of the parcel in the City of Greeley Comprehensive Plan, and the development restrictions as recommended by the City of Greeley . These restrictions have been incorporated into the attached Development Standards . The Planning Commission recommendation for approval is conditional upon : (1) The plat being amended to delete the two additional accesses as requested by the City of Greeley and Weld County Engineering Department . (2) The plat being amended to show an approved drainage plan for the entrance as requested by the Weld County Engineering Department . Items (1) and (2) shall be submitted on or before June 13 , 1979 . Prior to approval by the Board of County Commissioners of the change of zone request , the submitted materials must be reviewed by the appropriate referral entities for their evaluation and recommendation . (3) The attached Development Standards being recommended and adopted for the unit development area. (4) No building or electrical permits shall be issued on the unit development area until the Development Standards for the unit development have been placed on the Unit Development plat and said plat has been delivered to the office of the Department of Planning Services . fir L Charles E. Erickson Change of Zone with a Unit Development DEVELOPMENT STANDARDS 1 . All aspects of the proposed commercial uses shall not produce effects such as noise, dust , smoke, vibration , odor fumes , radiation or other environmental impacts which will be observable with the natural senses beyond the Unit Development boundary. 2 . Outdoor storage shall be limited to recreational vehicles and construction equipment and materials. Said equipment or materials shall be stored behind an opaque fence . 3 . Landscaping shall be provided as follows : a. A 20 foot landscape strip shall be maintained along the north side of the "F" Street right-of-way as shown hereon . The landscaping may be a hedge row, berm, wall or combination thereof . Said hedge or structures shall be confined to the north 13 feet of the 20 foot right- of-way strip . Maintenance of the 20 foot strip shall be the responsibility of the owner of subject property until such time as the right-of-way is acquired for public purposes . b . A landscape strip shall be maintained by the owner of subject property along the east portion of the ditch right-of-way . along 35th Avenue adjacent to the property described hereon. 4 . Setbacks for structures shall be as follows : a. A minimum of 25 feet from the future north right-of-way line of "F" Street . b . Zero (0) feet from the west property line . c. Zero (0) feet from the north property line adjacent to the Colorado and Southern Railroad right-of-way. 5 . As shown on the Unit Development plans, reservation for the additional right-of-way for "F" Street shall be 20 feet . 6 . Adequate fire protection devices shall be installed by the owner of subject property in compliance with the requests of the Western Hills Fire Protection District . 7 . Lighting provided for security and night operation on the site shall be designed so that such lighting will not adversely affect surrounding property owners . 4r Charles E. Erickson Z-322 : 79 :6 PLANNING STAFF RECOMMENDATION June 5 , 1979 8 . Access to the site shall be limited to one entrance from "F" Street at least 300 feet from the centerline of the intersection of 35th Avenue and "F" Street . All accesses shall have the approval of the Weld County Engineering Department . All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department 9 . Use of property shall comply with all County and State Health Standards and Regulations pertaining to air quality , water quality , noise emission, and sanitary disposal systems . 10 . The unit development area shall be maintained in such a manner so as to prevent soil erosion , fugitive dust and the growth of noxious weeds . 11 . All construction and electrical work shall be done in accordance with the Weld County Building Code . 12 . The unit development shall be limited to the plans submitted and governing by the Development Standards stated above and applicable Weld County regulations . Any material deviations from the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Unit Development Plan by the Planning Commission Comments : Due to the high groundwater table the West Greeley District of the Soil Conservation Service and the Colorado Geological Survey have recommended that prior to construction of any structures a soil and foundation investigation shall be conducted to determine proper foundation design on the site . To date, our office has not received any letters of opposition to this request for a change of zone from "A" Agricultural Zone District to "C" Commercial Zone District . 8 from the Office of Greeley, Colorado THE BOARD OF .COUNTY COMMISSIONERS ,a WELD COUNTY , COLORADO May 14, , 1979 :, • Publisher : Please insert the enclosed notice in your. issue the week of 1 one time only. Regarding payment , complete .7uua-ll --1$79 - the enclosed voucher and forward it to us . When returning the i voucher , please include an affidavit of publication so we -nay complete our files . l Thank you for your cooperation . i • c Sincerely , • Docket No. 79-28 i THE HOARD OF rn11N'1'Y COMMISSIONERS WELD COUNTY, COLORADO • BY : Mary 7Ann -Fcuersl•.ein County Clerk and Recorder ! and Clerk to . the Board • ' � By : Jeannett-e Ordway Deputy County Clerk I 10 Ot m a a wo m A N W S— r' W Fr i= > }a 4J w PO cc U > ≥ *a o $ @ CO U WI ¢ H cn Oo] w w g oo o€ .- LL /y0/ye� cc aaZ N P .C a P w o F3 - 'T3o 80 o • op O 'IL- OL cn m N r'I LL O.11 V 3 3 , i I'll W O W N I— gr w o d es cu will' ,j No 3 �o "a� ≤ g N n. E y 33Ifl3s 1x133311 min i s rn ._ O m z uy s3aua3s irxouao Z y - 2 s33d VOA 1131SM1SOa nnsNoo B . . 0 CO N O t. 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Weld County, • Colorado. / • r. i i -4 i 1 • J tiY. ! 1 {.{ J ! ��1pQ .• I &•Y' "N-•4' y p of • , `A.... 'a �':t Vp.A� .!-' .. • ;%'. • I ,y �.. M1* a J k 4 4 ��l pi. - , . • fi • vsw!0WrAF ' • • • lw Charles E. Erickson Z-322 : 79 :6 SURROUNDING PROPERTY OWNERS April 18 , 1979 Clifford R. and Laura F. Ham Benkelman , NE 69201 Flatiron Paving Company of Boulder P .O. Box 1137 Greeley , Colorado 80621 Greeley Sant' and Gravel 8D4 North 25th Avenue Greeley , Colorado 80631 Wayne W. and Elaine R. Larson Route 2 , -Box 182 Greeley , Colorado 80631 William and Dorothy Rodman c/o Greeley National Bank P.D. Box 109'8 Greeley , Colorado 80621 William M. and Mary A . Putman 525 North 35th Avenue Greeley , Colorado 80631 Great Western Bugar Company Windsor, Colorado 80550 Berthoud National Bank P .O. Box 460 Berthoud, Colorado 50513 Heirs of Charles L. Evans , Ar . 2638 12th Avenue Greeley, Colorado 80631 DATE: May 14 1979 TO: The I3oard 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 20th of June. DOC 79-77 Adolph Coors Co. , SUP, Open Cut Mining Permit-Coal DOC 79-28 Charles E. Erickson, EOZ A to C OFFICE OFj THE CLERK TO THE BOARD BY: r S li/jea//l Cifi-Deputy The above mentioned hearing date and hearing time may be sicheduled on the agenda as stated -above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Date : June -5 , 19719 _ CASE NUMBER: Z-322 : 79 : 6 NAME : Charles E . Erickson REQUEST: Change of Zone from "A" Agricultural Zone District to "C' Commercial Zone District LEGAL DESCRIPTION: Pt . NW/ SW- , Section 36 , T6N, IR66W LOCATION: Intersection 35th Avenue and "F" Street south of the railroad tract THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUE-ST BE approved FOR THE FOLLOWING REASONS : 1 . It is the opinion of the Department of Planning Services staff that the applicant has complied wtih Section 8 . 3 of the Weld County Zoning _Resolution which states : "Request for rezoning of tracts within Weld -County should be supported by detailed and substantial evidence that such rezoning is necessary. Recent findings and oral statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classfication . Without the pre- sentation of such supporting documentation, the County Planning Commission should not recommend a change of zoning . " It is the opinion of the Department of Planning Services staff that the applicant has demonstrated that the original zoning was faulty and, also, that changing conditions in the area now justify a new zoning classification . This determination is based, in part , on the fact that since the approval of the original -county zoning in May, 1961, for this property, land north of the Colorado and Southern Railroad to the river was zoned Industrial in August , 1964 . This 1 . 2 acre parcel remained designated as Agricultural Zone District . The parcel is however too small for agricultural purposes and therefore it appears the original zoning was faulty in this respect . Since the original zoning the City of Greeley has adopted a Comprehensive Plan which describes the use designation for the Parcel as Commercial land uses . 2 The rezoning request agrees with the -policies contained within d the Weld County Comprehensive Plan in that the 'Leanest for commerci-al development is in compliance with the use designation Charles T. Erickson Z-322 : 79 :B PLANNING STAFF RECOMMENDATION June 5 , 1979 for this area as outlined in the Greeley Comprehensive -Plan . The City of Greeley has recommended approval of this change of zone with a unit development based upon the use designation of the -parcel in the City of Greeley Comprehensive Plan, and the development restrictions as recommended by the City of Greeley . These restrictions have been incorporated into the attached Development Standards . The Department of Planning Services staff recommendation for approval is conditional upon : (1) The plat being amended to delete the two additional accesses as requested by the City o₹ Greeley and Weld County Engineering Department . (2) The plat being -amended to show an approved drainage plan for the entrance as requested by the Weld County Engineering Department . Items (1) and (2) shall be submitted on or before June 13 , 1979 . -Prior to approval by the Board of County Commissioners of -the change of zone request , the submitted materials must be reviewed by the appropriate referral entities for their evaluation and recommendation. (3) -The attached Development Standards being recommended and adopted for the unit development area. (4 ) No building or electrical permits shall be issued on the unit development area until the Development Standards for the unit development have been placed on the Unit Development plat and said plat has been delivered to the office of the Department of Planning Services. fF Hello