HomeMy WebLinkAbout790029.tiff Recorded at ..y=...m._. � A'y 5 /:
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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
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WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
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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
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# 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
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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,, /
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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
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PS Form 3811,Apr.1977 RETURN RECEIPT, REGISTERED, INSURED'AND CERTIFIED MAIL
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MI:AL, DESCRIPTION a
i
A parcel of lend South of the Colorado & Southern Railroad
Itillright -o f.-aaap and Nor t:h -0f "F" Street, located in the
Northwest Quarter. of the Sourhweet Quarter of Section 36, {
TowtiiTip -6 Nartiis. Ringo 1,6-ige�:it of. the 6th F.M. . Weld County,
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Colorado. /
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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.
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