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No. RESOLUTION RE: GRANT OF CHANGE OF ZONE FROM I (INDUSTRIAL DISTRICT) TO A-UD (AGRICULTURAL UNIT DEVELOPMENT) AND FROM S (SCIENTIFIC DISTRICT) TO A-UD (AGRICULTURAL UNIT DEVELOPMENT) TO EASTMAN KODAK COMPANY. -- 'J WHEREAS, a public hearing was held on September 20, 1976 in the Chambers of the Board of County Commissioners , Weld County, Colorado, for the purpose of hearing the petition of -_a Eastman Kodak Company, Windsor, Colorado, requesting a change of zone from I (Industrial District) to A-UD (Agricultural Unit Development) and from S (Scientific District) to A-UD (Agricul- tural Unit Development) on a Tract of Land located in Section 33, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more parcitularly described as follows : Beginning at the South Quarter Corner (S % Car) of the aforementioned Section 33 and considering the South line of the Southeast Quarter (SEZ) of said Section 33 to bear S 89°21' 11" W and with all bearings herein relative thereto; thence N 7°38'42" W, a distance of 48.77 feet to a point on the North right-of- way line of County Road No. 62, said point being the True Point of Begin- ning; thence N 7°38' 42" W, a distance of 51 .23 feet to a point; thence N 14°32' 15" W, a distance of 1 ,010.00 feet to a point; thence N 75°27'45" E, a distance of 318.00 feet to a point; thence S 63°29' 47" E, a distance of 847.49 feet to a point; thence S 36°39'23" W, a distance of 523.19 feet to a point on the North right-of- way line of the aforementioned County Road No. 62; thence Along a curve to the right, having a central angle of 27°03'09" and a radius of 545.00 feet, a distance of 257.32 feet, to a point; thence S 63°42'32" W, a distance of 332.09 feet to a point, said point being the True Point of Beginning. The above described parcel contains 15.38 acres and is subject to all Ease- ments, Rights-of-way and Agreements now on record. WHEREAS, the petitioner was present, and WHEREAS, there was no opposition to the request of the petitioner for the change of zone upon the aforementioned tract of land, and WHEREAS, Sections 8 . 2 and 8 . 3 of the Weld County Zoning Resolution authorized the Board of County Commissioners to grant a change of zone upon the showing by the petitioner of certain facts, and WHEREAS, the Board of County Commissioners 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 having been fully informed 760016 4 1-J0707-7g a° 785 and satisfied that the requested rezoning complies with the Weld County Comprehensive Plan and the conditions set out in Sections 8 .2 and 8. 3 of the Weld County Zoning Resolution, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the petition of Eastman Kodak Company, Windsor, Colorado, for a change of zone from I (Industrial District) to A-UD (Agricultural Unit Development) and from S (Scientific District) to A-UD (Agricultural Unit Development) on the above described tract of land, be, and hereby is , granted, subject to amendment of the proposed development standards deleting all reference to an automatic reversion to prior zoning upon completion of mining operations . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of September, A.D. , 1976 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r‘77(ATTEST: ICZu�- .�.,,n'r E6.'.2n A �l�G ��i�/J�� ( 1t) Weld County Clerk U/ and Recorder' ,= lerk to the BcyH (..,BY Pr y&-u L0--L x � r AJ C .--- - f ` Deputy Count A7 Clerk 7"" � A� O D AS TO Fle;;E ) 070A00-1. C, County Attorney -2- September 20, 1976 I hereby certify that pursuant to a notice dated August 16, 1976 duly published August 20, 1976 and September 10, 1976 in the Greeley Booster, a hearing was held on the request of Eastman Kodak for two Change of Zones and a Special Use Permit at the time and place so spe- cified. After discussion, Commissioner Moser made a motion to grant the Change of Zones. It was seconded by Commissioner Jacobucci and carried with all Commissioners voting aye except Commissioner Steinmark who voted nay. A motion was then made by Commissioner Moser and seconded by Com- missioner Jacobucci to approve the Special Use Permit. The motion car- ried with all Commissioners voting aye except Commissioner Steinmark who voted nay. All five commissioners were present. 0M-�- , Chairman Board of County Commissioners % /� `� ../_ Weld County, Colorado Attest: /J County Clerk and Recorder and Clerk to the Bo By)G"wt . JtLu j)/t04 J1r> i..� - Dtputy County Cle k 'zap/#76-123 \, A_f E N D A N C I R E C D P rl Applicant : Eastman Kodak ime ; 2 : 00 P.M. Docket # Date : Re September 20, 1976 1a 76-28g Request ; COZ, I to A-UD; COZ , S to A-IID & —_- SUP, Open.Cut mini NAP•IE ADDRESS 7-c2asika NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the First Floor Assembly Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit and/or Change of Zones are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Docket No. 76-28 Eastman Kodak Company Windsor Colorado 80550 Date: September 20, 1976 Time: 2:00 P.M. Request: Change of Zone, I (Industrial District) to A-UD (Agricultural District) , Change of Zone, S (Scientific District) to A-UD (Agricultural District) and Special Use Permit, Open cut mining permit A parcel of land located in Section 33, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, being more par- ticularly described as follows: Beginning at the South Quarter Corner (S Cor) of the aforementioned Section 33 and considering the South line of the Southeast Quarter (SEA) of said Section 33 to bear S 89°21'11" W and with all bearings herein relative thereto; thence N 7°38'42" W, a distance of 48.77 feet to a point on the North right-of- way line of County Road No. 62, said point being the True Point of Begin- ning; thence N 7°38'42" W, a distance of 51.23 feet to a point; thence N 14°32'15" W, a distance of 1,010.00 feet to a point; thence N 75°27'45" E, a distance of 318.00 feet to a point; thence S 63°29'47" E, a distance of 847.49 feet to a point; thence S 36°39'23" W, a distance of 523.19 feet to a point on the North right-of- way line of the aforementioned County Road No. 62; thence Along a curve to the right, having a central angle of 27°03'09" and a radius of 545.00 feet, a distance of 257.32 feet, to a point; thence S 63°42'32" W, a distance of 332.09 feet to a point, said point being the True Point of Beginning. The above described parcel contains 15.38 acres and is subject to all Ease- ments, Rights-of-way and Agreements now on record. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeanne Lou Heimbuck, Deputy Dated: August 16, 1976 Published: August 20, 1976 and September 10, 1976 in the Greeley Booster AFFIDAVIT OF PUBLICATION STATE OF COLORADO 1 } ss. 11O7908 - COUNTY OF WELD J Pae�eseatt I9 ion Of dm the I, " Per-tn. 32 U it of said County of Welddd being duly s rn, say that I am office manager U#e of aye THE WINDSOR BEACON, INC. a weekly newspaper having a general circulation in 'e•eW ri';�- «R + '} - is said County and State, published in the town of r, to WINDSOR, in said County and State: and that the ffeig= notice, of which the annexed is a true copy, has beer +>a't a" EaeiaMaamdt Y published in said weekly for 1 successive nik weeks, that the notice was published in the regular and entire issue of every number of the papere during .y. ,. the period and time of publication, and in the news- paper proper and not in a supplement, and that the � d t6tdaMi first publication of said notice was in said paper bear- dM ( , ing the date of the That"f,L7rwee'u� lope. nowiad use MTh) permit' Teta Sinn mut 'Matt day of , A.D., 19...2.6 and the last publication b a ring the date of the ��s.� 4 ?la day of J.. A.D., 19 7X =tii-W and that the said "WIND R BEACON" has been 4 € published continuously an uninterruptedly for the perio�A State, prior of 2 to the date weeks,of utive irs in sbaid County and publication of said 9, n. notice, and the same is a newspaper within the mean- . —--- ing of an Act to regulate printing of legal notices and advertisements, approved May 18, 1931, and all prior acts so far as in force.iin force. fY�— O ICE MANAGER Ica 64- Subscribed and sworn to before me this .0 day of ea., , 2 ... , NOTARY PUBLIC My commission expires ny ;.-,mr,s,;;..,- i td NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the First Floor Assembly Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit and/or Change of Zones are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Docket No. 76-28 Eastman Kodak Company Windsor Colorado 80550 Date: September 20, 1976 Time: 2:00 P.M. Request: Change of Zone, I (Industrial District) to A-UD (Agricultural District) , Change of Zone, S (Scientific District) to A-UD (Agricultural District) and Special Use Permit, Open cut mining permit Approximately one mile South of Windsor, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeanne Lou Heimbuck Dated: August 16,. 1976 AFFII...IIT OF PUBLICATION . - F s t'. tae • ,ins laws of. terry a public STATE OF COLORADO, ) 1 y• ' Ito* ,o�'> bid COUNTY OF WELD. )� AUi 'hn tr..9s= Loren A. Walling the time one _ In any many ' the being sworn, deposes and says: Special Use'. ern, Chang* duly of Zones ars"reetastNF-.to. attend I 1. That he is the Owner and Publisher of The Greeley Booster and may be eabd. _4 a weekly newspaper printed and published in the City of Greeley. BE IT.ALSO';KNOWN that the! County of Weld and State of Colorado, which has been admitted text a Counfys P as(fortified Gomm ee to the United States Mails as second class matter under Act of aW4 may bit sham red In the Congress, of March 3, 1879. o nee of the. Clerk_to the Board of County. Commissioners, located; 2. That the said The Greeley Booster is printed and published In the Weld County - Centennial at regular intervals, one time each week, on Friday, and that it center, 915 10th Street. Greeley. has a general circulation in the County of Weld, and elsewhere. Colorado., 6 3. That the said The Greeley Booster was established and has DOCKET no. 76-ta . been printed and published in said county uninterruptedly and - Eastman Kodak Company P Windsor, Colorado 80660 continuously during a period of at least fifty-two consecutive weeks DATE: September 20, 1976 TIME: 2:00 P.M. next prior to the first issue thereof containing said ----- Request: Change of Zone, f '(Industrial District) to A-UD Notice (Agricultural District), Change of Zone, S (Scientific?District) to a copy of which is hereunto attached. A-UP (Agricultural Distinct) and Special Use Permit, Open cut 4. That the said The Greeley Booster is a weekly newspaper mining permit of general circulation, and is printed and published in whole or in A parcel of land located In.Sec- tion 33, Township 6 North, -Stange 67 West of the Sixth Principal part to the said County of Weld in which said Meridian, Weld County, Colorado, Notice being more particularly described as follows: is required by law to be published, a copy of which is hereto at- Beginning at the South guar- ter Corner (Sly- Cor) of the tached. aforementioned Section . `83 5. That the said The Greeley Booster is a weekly newspaper and considering the South Linwithin the meaning of "An Act Concerning Legal Notices, Adver- E ) said Southeast 3 ter (SE )y58 of said Section nd 33 tisements and Publications and Fees of Printers and Publishers to bear Sag°23'11" W nd :with Thereof and to Repeal all Acts and Parts of Acts in Conflict with all .bearings herein a- relative the Provisions of this Act," being Chapter 139 of the Session Laws a. dicta ce- oft 8,77°3 t2" W, P a distance- of 48,77 feet toad of Colorado of 1923 as amended by Chapter 113 of the Session point on the "North right-of- Laws cf Colorado of 1931, and later amended by Chapters 155 tc ' way ine of of County Read No. 62, said :point:. being, .the 156 of the Session Laws of Colorado of 1935. True Point ,of- -Beginning; thence N76341-42" W, a distance 6. That the said annexed of 51.25 feet to a point; thence N14°32'15" W, a t ins- Notice tanee of 1,010.00 feet to a point; thence N7V2T45" E, a was published in the regular and entire edition of The Greeley distance of ,18.00 Zest to a point; thence S 63°-feet.to y. a Booster, a duly qualified weekly newspaper for that purpose,with- distance of- 847.49 fa ts- in the terms and meanings of the above named Acts. Point: thence saran's- W, a distance of 523.19 feet to a That the said annexed point on the North right-of- 7. way .line of the aforem8ntion- Notice ed County Road No. 62; - _ thence- Along iat curve- to the is a full, true, and correct copy of the original which was regularly of having a -central angle so p g of 00 feet, and a radius f published in each of the regular and entire issues of said news- 45.00 feet, a distance of 257.02 paper, a legally qualified paper for that purpose, once each week, Feet, to a point: theme 863 on the same day of each week, for successive weeks feet to a a rots said point t3 be- feet , ap di anc of3 be- Two"'' insertions and th t the fleet ''7t�'7r� lion thereof ing the True Point of Begin- by `"f P19 The above , described 'parcel was in the issue dated tad"Jepto 1V 4 .ennj contains 16.38 acre, and is sub- that the jay ' Beet to an, Easements, Rights-of- that wash he is died way and Agreements now on f .fir �y ��u record. " t (44-9le �.-C—m et<L ��,��// - Dated: August 16, 1976 - Subscr ed nd swo to before me this /Q,% day THE flow).HUH`_ COUNTY COMMISSIONERS of .. - ....., 16.7.6. 1 ( WELD 'COUNTY OOL0RADO -,6724 _.e_, � � CLERi< (�r Di, r, , BY: Mary Ann d Recorder bleu County, Colorad[September county clerk and Recorder and Clerk to the ,husk, -.By: Jeanne Lou` neiuleuck, Deputy Published August 20, 1976 and 10, 1976 in the Greeley! aster. l BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . Z-276 Date August 3., 1976 APPLICATION OF Eastman Kodak Company ADDRESS Windsor, CO 80550 Moved by Chuck Carlson 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 application for rezoning from I & S ( Industrial-ScieniQli•SLtrict ) to A-U0( Agricultural District ) covering the following described property in Weld County , Colorado , to-wit : See Attached _ COUNTY OF WELD §§: Fpe4 with the COvrk gbthrg ®M toe icenmmAib�'it5?5Laf3 i:tilir>1 176 mmeiriith be recommended (favorably ) ¢c4c>Q lc 00004x)X Xto the Board of County Commissioners for the following reasons : 1 . The request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources Volume II. The area in question is non- irrigated. The Weld County Extraction Plan states that extraction shall be accomo- dated in non-irrigated areas so long as appropriate extraction and reclamation standards are followed. The extraction and reclamation standards are set forth which comply with County standards on the plats, 2. The Weld County Health Department has indicated the proposal is in compliance with the State Health Standards and regulations. 3. The Town of Windsor has indicated the town has no objections to the proposal , ADDITIONS TO EXTRACTION STANDARDS: 1 . Any new access onto County Road 62 shall be approved by the Weld County Engineering Department prior to installation, (Continued) Motion seconded by Bette Kount7 Vote : For Passage Bill Elliott X%f1Qxxlxl Passage J. Ben Nix Chuck Carlson — _ Bette Kount7 John Weigand — _Ronald Helton_ Percy.}fLatt The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings . LEGAL DESCRIPTION �N OF PROPOSED BORROW AREA 4, 06( A parcel of land located in Section 33 , Township 6 North, ��Range 67 West of the Sixth Principal Meridian , Weld County, Colorado, being more particularly described as follows : Beginning at the South Quarter Corner (S 1/4 Cor) of the aforementioned Section 33 and considering the south line of the goutheast Quarter (SE 1/4 ) of said Section 33 to bear S 89 -21 ' -11" W and with all bearings herein relative thereto; thence N 7°-38 ' -42" W, a distance of 48 . 77 feet to a point on the north right-of-way line of County Road No . 62 , said point being the True Point of Beginning ; thence N 7°-38 ' -42" W, a distance of 51 . 23 feet to a point; thence N 14°-32 ' -15" W, a distance of 1 , 010 . 00 feet to a point; thence O N 75 -27 ' -45" E, a distance of 318 . 00 feet to a point; thence ° S 63 -29 ' -47" E, a distance of 847 . 49 feet to a point ; thence S 36°-39 ' 23" W, a distance of 523 . 19 feet to a point on the north right-of-way line of the aforementioned County Road No. 62 ; thence Along a curve to the right, having a central angle of 27°-03 ' -09" and a radius of 545 . 00 feet , a distance of 257 . 32 feet, to a point ; thence S 63°-42 ' -32" W, a distance of 332 . 09 feet to a point, said point being the True Point of Beginning . t , The above described parcel contains 15 . 38 acres and is subject to all Easements , Rights-of-Way and Agreements now on record. CERTIFICATION OF COPY I, Pat Rymer , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on August 3, 1976 , and recorded in Book No. 5 , Page No. , of the proceedings of said Planning Commission. Dated this 9th day of August , 19 76 . c1 . L.. Tyr Recording Secretary, Weld C.u. ty Planning Commission PC-Z-006 CERTIFICATION OF COPY I , Pat Rymer 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 August 3, 1976 and re- corded in Book No . 5 of the proceedings of the said Planning Commission . Dated the — 9th day of August 19 76 a:4C. �. s—� Secretary Eastman Kodak Company Zone Change August 3, 1976 CHANGE TO RECLAMATION STANDARDS: 1e Reclamation standard number 2 shall be changed to read, "Final slopes shall be 3:1 minimum." This is a result of a recommendation from the Colorado Geological Survey. Hello