HomeMy WebLinkAbout790025.tiff RESOLUTION
RE: DENIAL OF CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO
C-COMMERCIAL DISTRICT FOR CHARLES RYBERG, 17343 WELD COUNTY
ROAD #6, BRIGHTON, COLORADO 80601.
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, a public hearing was held on the 21st day of Feb-
ruary, 1979 at 2 :00 o 'clock p.m. for the purpose of hearing the
petition of Charles Ryberg, 17343 Weld County Road #6 , Brighton,
Colorado 80601, requesting a change of zone from A-Agricultural
District to C-Commercial District for the following described
parcel of land, to wit:
A tract of land located in the Southeast Quarter of
Section 24, Township 1 North, Range 66 West of the
6th Principal Meridian, Weld County, Colorado and
being more particularly described as follows:
Contencing at the Southeast Corner of said Section
24 and considering the South line of said Section
24 to bear North 89°37'15" West and with all other
bearings contained herein relative thereto: Thence
North 89°37'15" West along the South line of said
Section 24, 956.62 feet to the True Point of Begin-
ning. Thence continuing North 89°37'15" West along
the South line of said Section 24, 225.73 feet;
Thence North 00°28'30" East along the West line of
the parcel of land described in Reception No. 1627411,
Weld County Records, a distance of 578.92 feet;
Thence South 89°37'15" East, 225.73 feet;
Thence South 00°28'30" West, 578.92 feet to the True
Point of Beginning:
Said tract of land contains 3.00 Acres and includes
a 30' strip of land along the Southerly line for
Weld County Road No. 6.
WHEREAS, the petitioner was present, and
WHEREAS, Section 8. 2 and 8. 3 of the Weld County Zoning
Resolution authorizes 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 the testi-
mony and statements of those present and has studied the recom-
mendations of the Weld County Planning Commission for denial of
the proposed change of zone , and
790025
WHEREAS, the Board of County Commissioners finds that the
petitioner has not clearly shown that either the original zoning
was faulty or that changing conditions in the area justify a new
classification.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the petition of Charles
Ryberg for a change of zone from A-Agricultural District to C-Com-
mercial District on the abovedescribed tract of land be, and
hereby is, denied.
BE IT FURTHER RESOLVED by the Board -that the reasons for
denial and findings of fact contained in the Weld County Planning
Commission recommendations in this matter dated December 19 , 1978
be, and hereby are, incorporated as the findings of fact and
conclusions of law of the Board of County Commissioners in this
matter as if fully set forth herein.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 21st day of
February, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
.4-z://;..d ��,/./���u.�
ATTEST: /�Itu. ua. � /a w�IF CAAUW Y.co✓ 4 �-1,• - -r 1, (``,
U
Weld County Clerk and Recorder
,end Clerk to the Board
Deputy County Clerk
AP'PRO7D AS TO FORM:QN<71_ _ "County Attorney
DATE PRESENTED: FEBRUARY 26, 1979
A public hearing was conducted on February 21 , 1979 at
2 : 00 P. M. , with the following present:
NORMAN CARLSON CHAIRMAN
LYDIA 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:
1 •
I hereby certify that pursuant to a notice dated January 15 , 1979 ,
duly published January 18 , 1979 and February 8 , 1979 in the Johnstown
Breeze, a public hearing was held on the request of Charles Ryberg
for a Change of Zone (A-Agricultural District to C-Commercial District)
( The applicant represented by Joe Hellewell , Legal Counsel , and Mr.
Ryberg were present for the hearing. The Board receivedevidenced
and testimony from the applicant and his legal counsel . Tom Honn,
Zoning Administrator, presented the Planning Commission' s
recommendation for denial on this Change of Zone. Several adjacent
land owners voiced thier objections to this request. After discussion,
Commissioner Kirby made a motion to postpone this COZ request for
one month in order to allow the Planning Staff an opportunity to
find a solution to allow Mr. Ryberg to continue his operation on
this site without a change of zone. Commissioner Dunbar seconded
the motion. The motion failed by the following vote : Commissioners
Dunbar and Kirby voted yea, Commissioners Roe, Steinmark, and
Chairman Carlson voted nay. Commissioner Steinmark made a motion
to deny the Change of Zone request being in agreement with the
Planning Commissions findings as follows : The original zoning
was not faulty and the conditions of the area have not changed.
Commissioner Roe seconded the motion and the motion carried
unanimously. Mr. Honn stated he would continue to work with
Mr. Ryberg regarding this matter.
CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
��`F WELD COUNTY, COLORADO
ATTEST: _} L. %;J2F M1:
WELD COUNTY CLERK AND RECORDER
A i _ RK TO THE BOARD
BY :
�ep .ty County Cle '
�•' ET # 79-3
TAPE # 79-17
f
LHR# / ('
AFFIDAVIT OF PUBLICATION
P81Elaplwges THE JOHNSTOWN BREEZE
wo9'ttl� STATE OF COLORADO )
pm�auau . ) SS.
thegtateot o° unwpellil- COUNTY OF WELD )
'hearing wil Laws_D balnth°s I, Eugene Thomas, do solemnly swear
Chambersofthe ` Of County that I am publisher of The Johnstown
colerade g °f csiirata{ Breeze; that the same is a weekly
cotter, the Coloradoad thet, Greeley, newspaper printed,in whole or in part,and
published in the County of Weld, State of
ofed.AU
�°one are to awe= Colorado, and has a general circulation
aM maybeh therein; that said newspaper has been
BE IT ALSO 107 that the published continuously and uninterrupted-
fa��and*gavot* d by the
County Plannin omm4sslon ly in said County of Weld for a period of
O(tl more than fifty-two consecutive -weeks
°Q�.(�t°natgy'° ,loc�1n prior to the firsi publication of the annexed
titre'
dt, pig°refl. -legal notice or advertisement; that said
Greeley,Od newspaper has been admitted to the
DocketNo, -a United States mails as second-class matter
Chart._s Ryberg under the provisions of the Act of March 3,
17848 Weld County R.md N 1879,or any amendments thereof,and that
Brighton,CO 80001
Date: Februarruary y n; 19w said newspaper is a weekly newspaper
rate: duly qualified for publishing legal notices
and advertisements within the meaning of
AReercl1oast: ChanB a of Zone the laws of the State of Colorado.
erclal°District)tural District to c-Com That the annexed legal notice or
LEGAL DESCRIPTION: advertisement was published in the
A tract of u land 'anted in 9°4 regular and entire issue of every number of
•rownshhippSoutheast'1Noothr of Section nh,Bang8e8West said weekly newspaper for the period of
of the 6th Principal Meridian,
Ward County,Colorado and terns ....Da._6 e insertions; and that the
follows.
more o nt ,Colo described b as
Commencing at The Southeast first publication of said notice was in the
Corner of said Seaton 24 and
considering the South line of said issue of said newspaper dated..'
Section 94 To bear North 8e degrees
87' 1a" West and with all other
bearings contained relative A.D. 19 71 , and that the last publication
thereto:Thence 89 dues of said notice -was in the issue of said
87.16' west along South line of
said Section 9! ➢88 feet to the
u Th Pdnt of Beginning Thence newspaper dated. 47 ,A.D. 19 if
continuing North e9 grees 87'
15" west at the Solidi line of In witness whereof I have hereunto set
said
Section
degrees feet. i
parcel l oonfk the -des ne of tie my hand this �f�x day of.... ,
Itee 01tion land 1e�411b°Weld A.D. 19.7..`/...
Coca Records, a dlSouth 89
6e teen Eas, South 89
degrees a7•.ia" East,e996.76 feet}
Thence South 00 degrees ees 28' Bent West,678.99 feet to the Las yl�`k �u'Ynn,�L
of to Beginning: Said tract lofu-land .✓A
contains BOOof les and includesa Publisher.
30' strip of land.along the
SoutherRoad Nty Lae for Weld County Subscribed and sworn to before me. a
THE BOARD
COOMMMGF ISSSIONERS Notary Public in and for the County of
WELD COUNTY,COLORADO C.>//N
--
Weld,MARY ANNF�ENUTEqRSTER1 Weld, jtate of Colorado, this /T day
SAND ECORDERARAND of t7 X'r- A.D. 19.7,�...
CLERK TOTEM BOARD //
DATED: January 15,187'9 _,- S,/,71 K:2,:,/ ;Y.✓..x'c>
PUBLISHED: January 18. 1979 Notary Public.
Johnstown Breeze
, 1979, in the
Co. Legal 70.19-Clerk to Bd.
-__ _ My commission expires
// - /°- �
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 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. 79-3 Charles Ryberg
17343 Weld County Road #6
Brighton, CO 80601
Date: February 21, 1979
Time: 2:00 P.M.
Request: Change of Zone (A-Agricultural District to C-Commercial District)
LEGAL DESCRIPTION:
A tract of land located in the Southeast Quarter of Section 24,
Township 1 North, Range 66 West of the 6th Principal Meridian, Weld
County, Colorado and being more particularly described as follows:
Commencing at the Southeast Corner of said Section 24 and
considering the South line of said Section 24 to bear North 89°37'15" West
and with all other bearings contained herein relative thereto: Thence
North 89°37'15" West along the South line of said Section 24, 956.62
feet to the True Point of Beginning. Thence continuing North 89°37'15"
West along the South line of said Section 24, 225.73 feet;
Thence North 00°28'30" East along the West line of the parcel
of land described in Reception No. 1627411, Weld County Records, a distance of
578.92 feet; Thence South 89°37'15" East, 225.73 feet; Thence South
00°28'30" West, 578.92 feet to the True Point of Beginning: Said
tract of land contains 3.00 Acres and includes a 30' strip of land
along the Southerly line for Weld County Road No. 6.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
DATED: January 15, 1979
PUBLISHED: January 18, 1979 and February 8. 1979, in the
Johnstown Breeze
I rain Ih�� OI I i1r,. ,I tireotey , (:olorado
THE U1)AR11 OI' ( Iii) l'i ( t)FIh11 ;i.'LIONI:Ii;
wl'.I,o ColIN1'Y , COL,UTAI)O January- 1a 19 ;9
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February 12, 1979, __ (i in Ilion only . 11 Iar11 i nil 1,71110111 , c('mpLeLC
Fhr oncloon,l ',11•X11.'1 :111(1 forward i l- le u:. . Whim i rl iirn i n,) Hie
voucher, include ;in all id.ivit oI Iniblicalion OF) wa may
-1 complete our ti. km .
'I'1r,ink you Ior your ccolicrit on .
Sin( ur(: Iy ,
'1'111: Ii(Ntl1 111' cor iT1' 1'ii5f1 SS I ONERS
( WELD Cm:HI Y , 1,:oLOli711)o
� Ill' : nary Ann enot n
Conn 1 y 1 1 ( 1 I: owl Recorder
and Clerk to the Board
Hy :
I1cp0t.y Counl:),/ Clerk
Enclosures
Ir/I'I'I•; : Jain. y I.r>, N)79
'I'hr Ito.i i.-d of Conn l_y Cnumi i fir; i OM'? 1;
Helrl county , Colorado
FROM: Clerk to the hoard Office
Colmninsio)ICI
1 I you havr- un objenfrmcria , wr. hive tent it ivr 1y tort. thr•.
101 lowing hear i ny for [lie 21st day, of February, 1979.
CharleSRyberg COI, A to C
Tom Scheinnan COZ, A to C
City of Northglenn SUP, Wastewater treatment and storage Facility
OFF Eat OF '[TIN CitIRK To THE BOARD
`�
!.A � � i i1 �(� _ Deputy
The ahoy') m ntiened henrinq date and hearing_ time may be scheduled
on the agenda ,as stalrrI above .
HOARD OF COUNTY C'OMM1ss FOULPS
tVELD COUNTY , COT ORAho
12.
1 ;
BEFORE T WELD COUNTY, COLORADO PLANNING MMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date December 19 . 1978 Case No. Z# 314 : 78 : 18
APPLICATION OF Charles Ryberg
ADDRESS 17343 Weld County Road 6 , Brighton , Colorado 80601
Moved by Fred Otis 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 following described
property in Vi el Count,;, Colorado, to-wit:
See attached
be recommend ( civa8 ) (unfavorably) to the Board of County Commissioners
for the following reasons:
1. It is the opinion of the Planning Commission that the applicant
has not demonstrated compliance 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
presentation of such supporting documentation , the
County Planning Commission should not recommend a
change of zoning . "
Motion seconded by: Jim Gilbert
Vote: For Passage Jerry Kiefer Against Passage Chuck Carlson
Ben Nix
Jim Gilbert
Fred Otis
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 above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted
on December 19 , 1978 and recorded in Book No. VI of the proceedings of
the said Planning Commission.
Dated the 20th day of December , 1978 .
STATE OF COLORADO ss.
COUNTY OF WELD � \
Filed with the Cl-rk of tyre Board
of County (,on nmsol'❑ s
Secretary
DEC? l 1978 •
•
•
rom:-r c.e,K nrvn neccxo-DepUty
ok
I_Ec,AL DESCRIPTI0Nr
A tract of land located in the Southeast Quarter of Section ��
Ra_n�e 66 West of the 6th Principal Meridian, Weld
County, Colorado wand lbeing
orth,
more particularly described as follows:
Commencing at the Southeast Corner of said Section 24 and considering the South
line of said Section 24 to bear North 89°37' 15" West and with all other bearings
contained herein relative thereto: Thence North 89°37' 15" West along the South
line of said Section 24, 956.62 feet to the True Point of Beginning.
Thence continuing North 89°37' 15" West along the South line of said Section 24,
225.73 feet;
Thence North 00°28'30" East along the West line of the parcel of land, described
in Reception No. 1627411 , Weld County Records, a distance of 578.92 feet;
Thence South 89°37' 15" East, 225.73 feet;
Thence South 00°28'30" West, 578.92 feet to the True Point of Beginning:
Said tract of land contains 3.00 Acres and includes a 30' strip of land along
the Southerly line for Weld County Road No. 6.
Charles Ryberg
Z-31.4 : 78 : 18
PLANNING COMMISSION RECOMMENDATION
December 19, 1978
It is the opinion of the Planning Commission that the applicant
has not demonstrated in the submitted application materials or
in oral statements made at the scheduled Planning Commission
meeting that either the original zoning was faulty or that changing
conditions in the area now justify a new zoning classification .
Section 8 . 3 of the Weld County Zoning Resolution also states :
"The following arguments which are frequently presented
are not sufficient grounds for rezoning :
(1) "The area has no other practical use . "
(2) "The proposed rezoning would allow the
'highest and best use of the land ' ; "
( 3) "A non-conforming use is located on the property ; "
(4) "The area adjoinsland already zoned in this manner , "
(5) "No one in the neighborhood objects ; "
(6) "If the zoning is granted , we will agree to use
it only for certain purposes ; "
(7) "You haven ' t given us any reasons for not making
the change . "
Although each of the preceding arguments has some validity ,
no one argument alone is sufficient grounds for rezoning . "
In reviewing the applicant ' s submitted application in regard to
his reasons and/or arguments for the rezoning of the property , it
is the opinion of the Planning Commission that the applicant has
not set forth sufficient reasons for the rezoning request to be
approved.
In addition , Section 8 . 3 states :
"There must be definite proof that the area requested for
change has unique characteristics which distinguish it
from surrounding lands and thus make its rezoning essential . "
Again , it is the opinion of the Planning Commission that the
applicant has not demonstrated that the property in question has
unique characteristics which distinguishes it from surrounding
lands .
Further , Section 8 . 3 states :
"Furthermore , once a change is made , the Planning Commission
must recognize the precedent which is established, -both in
the immediate area and in other parts of the county , for
like rezoning of other lands "similarly situated . "
Charles Nyberg
Z-314 : 78 : 18
PLANNING COMMISSION RECOMMENDATION
December 19, 1978
It is the opinion of the Planning Commission that the approval
of this request would constitute "spot zoning. " The approval
of this rezoning request would establish an undesirable
precedent in the immediate area and other parts of the County
"simiarly situated . "
2 . It is the opinion of the Planning Commission that the rezoning
request does not comply with the policy contained in the Weld
County Comprehensive Plan relating to commercial development in
the unincorporated areas of the county .
The policy found in the Weld County Comprehensive Plan which is
utilized to guide commercial development of this nature states :
"Commercial development will not he encouraged in the
unincorporated areas of the county unless it can be
shown by the developer that the proposed commercial
use cannot reasonably be located in an urban area. "
It is the opinion of the Planning Commission that the applicant has not
demonstrated why the proposed commercial use cannot reasonably be
located in an urban area.
Comment :
To date, our office has received 6 letters of opposition to
this rezoning request from adjacent property owners or persons
living within 500 feet of the applicant ' s property. (See let-
ters in attached packet ) .
X
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Land
Ilse 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 are requested to attend
and may he 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 to the Board of the
County Commissioners, located in the Weld County Centennial Center, 915 10th
Street, Third Floor, Greeley, Colorado.
Docket No. 79-3
Date: February 21, 1979
Time: 2: 00 P.M.
Request: Change of Zone (A-Agricultural District to C-Commercial
District)
LOCATION:
•
17343 Weld County Road #6, approximately 1 mile north and
1/8 mile west of the Town of Lochbuie
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEIIERS'rEIN
WELD COUNTY CLERK ANI) RECORDER
AND CLERK TO TIIE BOARD
BY: Keitha Hubbard, Deputy
DATED: January 18, 1979
Brighton Blade 79-3
1/18/79
ACKNOWLEDGMENT
Received the attached Notice for publication
this 21st day of February, 1979.
BY tem.„3 jaa_xd�
0'9 TITLE i a. 1
v��� 111
c\ DATE - 7q
/
DaLc:
0, lio
CASE NUMBER: Z-314:78:18
NAME : Charles Ryberg
REQUEST: Change of Zone from "A" Agricultural ,; l i:: L . .
"C" Commercial Zone District
LEGAL DESCRIPTION: Pt . SEa , Section 24, T1N, R66W
LOCATION: 17343 Weld County Road 6, approximately 1 mile north and
1/8 mile west of the Town of Lochbuie
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS
REQUEST BE Denied FOR THE FOLLOWING REASONS :
1. It is the opinion of the Department of Planning Services staff
that the applicant has not demonstrated compliance 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
presentation 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 not demonstrated in the submitted
application materials or in oral statements made prior to the
scheduled Planning Commission meeting that either the original
zoning was faulty or that changing conditions in the area now
justify a new zoning classification.
Section 8. 3 of the Weld County Zoning Resolution also states :
"The following arguments which are frequently
• presented are not sufficient grounds for rezoning :
( 1) "The area has no other practical use ; "
(2 ) "The proposed rezoning would allow the
'highest and best use of the land' ; "
(3) "A non-conforming use is located on the property; "
(4) "The area adjoins land already zoned in this
manner; "
N
Charles Ryberg
Z-314 : 78 : 18
STAFF RECOMMENDATION
November 8, 1978
(5) "No one in the neighborhood objects ; "
(6 ) "If the zoning is granted, we will agree
to use it only for certain purposes ; "
(7) "You haven 't given us any reasons for not
reasons for not making the change. "
Although each of the preceding arguments has some validity,
no one argument alone is sufficient grounds for rezoning. "
In reviewing the applicant ' s submitted application in regard
to his reasons and/or arguments for the rezoning of the property,
it is the opinion of the Department of Planning Services staff
that the applicant has not set forth sufficient reasons for the
rezoning request to be approved.
In addition, Section 8. 3 states :
"There must be definite proof that the area requested
for change has unique characteristics which
distinguish it from surrounding lands and thus make
its rezoning essential . "
Again , it is the opinion of the Department of Planning Services
staff that the applicant has not -demonstrated that the property
in question has unique characteristics which distinguishes it
from surrounding lands .
Further, Section 8. 3 states :
"Furthermore, once a change is made , the Planning
Commission must recognize the precedent which is
established, both in the immediate area and in
other parts of the county, for like rezoning of
other lands "similarly situated. "
It is the opinion of the Department of Planning Services staff
that the approval of this request would constitute "spot zoning. "
The approval of this rezoning request would establish an
undesirable precedent in the immediate area and other parts of
the County "simarily situated. "
2 . It is the opinion of the Department of Planning Services staff
that the rezoning request does not comply, with the policy con-
tained in the Weld County Comprehensive Plan relating to
commercial development in the unincorporated areas of the county.
The policy found in the Weld County Comprehensive Plan which is
utilized to guide commercial development of this nature states :
A
Charles Ryberg
Z-314 : 78 : 18
STAFF RECOMMENDATION
November 8, 1978
Commercial development will not be encouraged in
the unincorporated areas of the county unless it
can be shown by the developer that the proposed
commercial use cannot reasonably be located in an
urban area. "
It is the opinion of the Department of Planning Services staff that
the applicant has not demonstrated why the proposed commercial use
cannot reasonably he located in an urban area.
REZONING APPLICATION
Weld County Planning Department Services Building, Greeley, Colo.
FOR PLANNING DEPARIT"iENT USE ONLY: CASE NUMBER:
PC HEARING DATE:
SEC: TWP RANGE: CC HEARING DATE:
LAND CODE:
T: S: 1/4: KEY:
SUB/DIV CODE:
SUB: ELK: LOT: KEY:
[N,
RtER TO: REZONING FEE: 7 /cc- " / ,7'. .,((
1) Date: APP. CHECKED BY:
2) Date: REC. NO. :
3) Date: LEGAL DESC. APPROVAL
4)_ Date:
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIREMENTS: Print or
type only, except for necessary signatures.
•
I (we), the undersigned, hereby request a hearing before the Weld County Planning
Commission concerning proposed rezoning of the following described unincorporated area
of Weld County: LEGAL DESCRIPTION: A tract of land located in the SE a of Section 24,
Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado and
being more particularly described as follows:
Cannencing at the SE corner of said Section 24 and considering the South line of said
Section 24 to bear North 89°37'15" West and with all other bearings contained herein re-
lative thereto: Thence North 89°37'15" West along the south line of said Section 24, 956.62
feet to the True Point of Beginning. Thence continuing North 89°37'15" West along the
South line of said Section 24, 225.73 feet; Thence North 00°28'30" East along the West line
of the parcel of land described in Reception No. 1627411, Weld County Records, a distance
of 578.92 feet; Thence South 89°37'15" East, 225.73 feet; Thence South 00°28'30" West,
578.92 feet to the True Point of Beginning; Said tract of land contains 3.00 acres and
includes a 30' strip of land along the Southerly line for Weld County Road No. 6
•
(If additional space is required, attach an additional sheet of this same size)
STREET LOCATION: 17343 Weld County Road #6
PRESENT ZONE AgTicuILurWs PROPOSED ZONE Cannercial APPROX AREA: 3 acres
PURPO6E; Storage of house moving & heavy equipment
IS THIS AREA PLATTED: YES( ) NO (X ). IF PLATTED, NAME OF PLAT:_
IS THIS AREA TO BE PLATTED: YES (X ) NO ( ). IF ANSWER IS YSS, HAS FLAT BEEN SUEMITTED:
YES CO NO ( )•
FEE OWNERS OF AREA PROPOSED FOR REZ0`�Th j
NAME: Charles E. & Judy A. Ryberg ADDRESS: 17343 Weld County Rd. #6 TEL: 659-5943
NAME: ADLLESS: TEL:
NAME: ADDRESS: i'BL
I hereby depose and state under the penalties of perjury that all statements, proposals
and/or plans submitted with or contained within this application are true and correct to
the best of my knowledge. i270
l
COUI.TY OF WELD
STATE OF COLORADO ) ; ,.' SEP a
) RECEIV1978
ED � ,Vita CP: -
oh 5. 1 — —'' 2 —�� '
' '-' 6 -"Iss"---,1gSignattres. Owner er Authorized Agent
,�'�L Attorney in Fact for Owners
. •:ti' Joseph H. Helle;ell
Subscribed and sworn to before me this 'A)ttk day of 19 7Y.
U
SEAL �" c ti � ; , zf
NOTARY PUBLIC
My commisnior expires: '-v ,_.{ c 7 )
C Li
LAW OFFICE
JOSEP1I 11. 1I€llEW€ll TELEPHONE: 352-8792
1020 9TH STREET. SUITE 3O2
GREELEY, COLORADO 80631
Weld County Planning Ccnnission
Greeley, Colorado 80631
Dear Sirs:
With regard to the questions concerning the zoning request that Mr.
Charles Rybe'g, please find the following.
1. It is impractical to develop the land according to its
current zoning classification primarily because there is in-
sufficient water and the quality of soil is such as to not
allow the raising of crops on this small parcel of land.
Further, the land is of a small enough size, including that
portion which is not being re-zoned, as to not allow economical
development of any agricultural pursuit.
2. Proposal would benefit Weld County, by allowing this business
enterprise to be located in an area where it can be protected,
but yet is out of sight, of all but the surrounding property and
nearby road. This development would not encourage the spread of
similar developments, but merely would provide a suitable and
convenient place for such a business to operate in Weld County.
3. To an extent the surrounding property owners will be benefited,
by allowing this small parcel of land to take on a greater share
of the tax burden, and would decrease the pressure on the surrounding
lands for the use of such lands by livestock and watering needs.
4. With regard to the features of the land, there is nothing to
prevent the surrounding land to be re-zoned in a similar fashion,
however it is the desire of the applicants, merely to have a
limited place where such business could be conducted without en-
couraging the widespreadedness of such an enterprise. Also,
petitioners feel that only a small portion needs to be changed,
thereby giving more control to the local authorities.
5. With regard to other land already zoned according to the
classification, there is none within a reasonable distance, that can
be suitably protected from vandalism and theft, and likewise be near
the source of petitioner's authority to operate a house-moving
business which is closer to the Adams and Denver county areas. The
primary concern is the protection of the property.
%c'1`1I -2v%S
in SEP 1978 ��,
cYi RECEIVED o
Welt COO➢h ti•
%aenieg CORRiSS10! ;o/
O
6kLL
Letter to Weld County Planning Commission
Page 2
6. The conditions of the area have changed sufficiently, where
enterprise should be encouraged in the Southern end of the county
which could suitably service the rapidly developing oil and other
commercial endeavors which are engaged in in this area. As has
been noted, in the past there are a great number of people moving
into the area, requiring the services of this petitioner, and this
location provides an ideal means the serve the Southern end of Weld
County along with other areas of the authority granted by the Public
Utilities Commission to this petitioner.
7. To this petitioner's knowledge, there is virtually no commercial
ground suitable for the location of petitioner's business within a
nearby radius of petitioner, further there is none that would be suitable
for the petitioner to re-locate to with a residence.constructed nearby
for security purposes.
8. The petitioner intends only to operate a house-moving business fran
said premises primarily the storage of the equipment necessary in said
business, with all equipment being towed to the site of the job, and
not being actively used on the premises other than for storage and ingress
and egress.
Sincerely yours,
JOSEPH H. HELLEWELL, for Petitioner
JHH/sb
4./1
PETITION SUPPORTING REZONING
Board of County Commissioners of Weld County, Colorado
Court House
Greeley, Colorado
Gentlemen:
We, the undersigned owners of property located within 500 feet of the property described in
the rezoning application submitted by C1,-,t-/,ti F. o ,Tc_-✓-1,r /Ci;/. , hereby petition you
to grant this rezoning request and to change the Zoning District ap so that the property
involved shall be rezoned from A-7,-ic,-,/+itirc Zoning District to C
Zoning District.
Signature Mailing Address Description of Property
-7/7 k_1 4-L, "-V( /9y.3 lz)Q IL{� (2. , ',(l. .--3> 2 't oc,
79z)3 Z at ('e)Ad
0 1C1�— �z/Yi�J ,%2 x>`,ezr , r?o f6/�c f,
ci
c- � G � ,
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I , Charles E. & Judy A.
Ryberg (name) , the undersigned, of 17434 Weld County Road
6, Brighton, Colorado (address) ,
County of Weld , State of _ Colorado , here-
by constitute, make and appoint Joseph H. Hellewell
(name) , of Greeley
(address) , County of Weld ,
State of _Colorado_ , my true and lawful attorney-
,
in-fact , for the following purpose :
To represent me in the matter of the foregoing attached
application for a Change of Zone -
(variance, recorded exemption, etc. ) , in regard to and only
in regard to the particular property described in said ap-
plication, before the Weld County Planning Commission & Board of County
Ccamisssioners
(Board of County Commissioners , Board of Adjustment , etc. ) and
to present evidence on my behalf before said Board .
Charles E. Ryberg i i 7 Ju . Ryberg
/`
subscribed and sworn
� to before me this w J day of
Th-C ±u— L<.
) • 197 .
Notary Pu' lic
My commission expires : -)7 igel •
.,r>>`'' 4,
ti� 0CT 197&
RECJIVL- :.i
-
: .rT.issin
Recorded at ..--_ clock ociock .w-..-MAUG- 1 81975
Rec. No. _1,66'1462 S. Lee Shehee, Jr., Recorder
1- i
o •:. C
CR b' BOOK Recorded
at / o'clock bi., _��E C c' �: " .jo
y�� ,m
". /O5 p ' 162 411 � ,t lr»„< rl=�a-t7✓ l::�u: - C7
7L- Recorder. n'
i.
!! TINS DEED., Made this / day of September RECORDER'S STAMP
E 19 73,between l
a <T
! ! '! ROBERT C. and PATRICIA A. -WILSON
ii
O` !' State Documentary Fee s
DEC 281973
eu Date............_ ---•----------
e-I it of the County of Weld and State of
Od 0
----' I' Colorado,of the first part,and $-
71_ •
.O ice- 'I
eo ( d CHARLES E. and •TUDIE A. RYBERC
re
r1 r J 7 U':?S •
�'' of the
"I '� County of Weld and State of Colorado,of the second part:
.4 r I! WITNESSETH, that the said part of the first part,for and in consideration.of the sum of
0
M .0 FORTY THOUSAND AND 09 /100 DOLLARS,
x •
• r
Ti ri i to the said part ICS of the first part in hand paid by the said parties of the second part, the receipt whereof is vi
O - ; hereby confessed and acknowledged, ha Ye -'= ge granted, bargaibed, sold and conveyed,and by these presents do o
f : grant, bargain, sell, convey and confirm unto the said pattiesrof the second part, their heirs and assigns forever, not ' o
i) t in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
ret•1,5`l being in the County of Weld and State of Colorado, to wit:
ca '' 7, 41 parcel of land in the Southeast nue-quarter of Section 24 , Township
,J 7 1 North , Range 06 West of the Gth Principal Meridian , Weld County , ,t
a Colorado , described as : Begin8inq at the Southeast corner said South- �N',
iI !; east one-quarter ; thence N 89 37 ' 15" W on an assumed bearing along o
the South line said Southeast one-quarter a distance of u75 , 35 feet
to the true point of beginning ; thence N 00°28 ' 30" E parallel -with
the East line said Southeast one-quarter a distance of 1290 . 00 feet ;
ii thence N 89°37 ' 15" W parallel with the South line said Southeast one-
Pquarter a distance of 507. 00 feet ; thence S 00°28' 30" W a distance
H of 1290 . 00 feet to pint the South line a d Southeast one-
quarter; thence S 89oi oL sin along said South line a distance of
507 , 00 feet to the true point of beginning ,
,i
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, 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 hereditament:+and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto thesaid
parties of pie second part, their heirs and assigns forever. And Ur said part 1 C S of the first part,for t hem-
i; sel VCS ,t I IC lhl:irs,executors, and administrators do covenant, grant, bargain and agree to and with the
i! said parties of the second part, their heirs and assigns, that at the time of the cementing and delivery of these pres-
ents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible
estate of inheritance,in law,in fee simple, and ha VC gaol right, full power and lawful authority to grant, bar-
, gain, sell and convey the same in manner and form aforesaid, and that the same are free and dear from all former
and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind ornature soever.
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said part i Cs of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF' the said part ie 5 of the first their
part ha \'e hereunto set /band and
seal 5 the day and year first above written.
' Signed,Sealed and Delivered in the Presence of .I L�:.::.t.!r ( LL/e::{_-a-t [SEAL]
) Robert C. Wilson -
Il
.4.:41.8. ^: GLiL.sa:L--xrJ...... -[SEAL)
Patricia A. Wilson i
,i
0Oi ECTICI; DIE.7D FDrn iiL_i c:CD9DE:C;
_. _. . _ ._ ... [SEAL) ;.
STATE OF COLORADO,
County of }ss•
Ty he foregoing instrument was acknowled d beforf a his i n� d of '-
19l3 ,be J.3., (.,r-<'J �i: !) . • r RU=Ln;'1' U. c: IA,LL.i(.=A A. ]iIL U.• - •;, • \'•.
•• `• My conunlulon expl Comrni:5&on Lx trc ()•IJ • t <,,1, `�0 •• r '
'My P �Y91 . c.�Jtneaa my hand and official seal.a {n, v N Ei
In lid ; HI I'I_l+.I1111fJG Si 0VICC
I'In1NL U03) JLr,4099 LY.1. 4u
_ 915 lulu SHIT t.
(1w ,,�ff Li) cn[[LEY. CO ollnno 1.396:' �t l '1h^5�.
COLORADO
:m'iCi: C1' PU131,1c
it• • :�ul !.�' I' lalull115 Cnnun 5KIO11 hill CW1(11'111 ❑ Buhl is hear-
'di December 5 1:178 at 1 : 30 p . m . _ to review a request
Cur 11,1„ .) , al of a change of zone from "A" Agricultural Zone District
to "C" Commercial Zone District
frig', Charles E. Ryberg on a parcel of land described as
Pt . SE3 , Sec . 34 , T1N, R66W of the 6th p .m . , Weld County , Colorado
containing 3 . 00 acres more or 1O55 .
This public hearing Lo be held by the Weld County Planning Commis-
. Sion it;r the consideration of the above referenced reque l will be
conducted in the Meld County CnmmisFsioners ' Rearing Room , First.
Fluor , Weld Co:nrty Centennial Center , JIS 10th Street , Greeley ,
Colorado . ('L01611ull.s nr objections related to ihu above request
should he submitted in writing le the Weld Crusty Department or
Planning Fl rv_ices , 015 10th Street, Greeley , Colorado 80631 ,
berure the above date or presented at the public hearing on
December 5 1978
PUBLIC NOTICE
Cubit's (, C the application are nva i labl e for Inub l i c instinct NOTICE OF PUBLIC HEAR
the Department ent of Planning Services , Room 310, ''Id Cenn 1. The Weld County Plannln
( ( ut (.1111 I Center , 915 10t.h Street , Greeley , Colorado ( :3mleelonwlu-eendactaiv,
( A,1.,911;1O11 '1 0.1 ) , l 30 p m.to rreeviewbarreque:
apr oval of a change of zone
A'Agricultural Zone Dtetr
( I.: from Charles E. RberDi
11' -,n (.., 1 1 "I1.1 parcel of land describedga
\5.. ! d County Planning Commission SEX,Sec.34,11N,ROM of ti
p.m. Weld County, Cole
containing 3.00 acres more or
To Le published in the : Johnstown Breeze This publichearing tobehe
the Weld County Planning
mission for the consideniti
reques
above referenced
To Le published one I hue by : November 16 , 1978 (publicat conductet tnthe WetaC
FOmmisoor, W' County Ce
at Floor, , 915 1 County St
Center, 10th er
Greeley, ed. t o the
objections s related to the t
writing should be a Cc
wrllih8 to the Weld er
Re''t• tit! ii.: �' ( Department of Planning Ser
;l '-( :,t ! 1. (.i �i. 1{.t 81510th Street Greele COL
p before the above lich da
presented at the pubtic hear)
Date : I p December 8, 1978.
lI ' �/, Copies of the appllcatlor
available for public inspect]
the Department of Plat
Services, Room 310, Weld C
Centennial Center,915 10th S
Greeley Colorado(358-4000
Mon 404).
Chuck Carlson, Chairm
Weld County '�
Planning Commission
To be published to the: John:
Breeze
To be published one Urns
November 18. 1978 (public
date)
Co. Legal 78-283-Planning
NI PAP I MI HI HI PLANNING SI:liVIc[S
r
o^.. L m PHONE 1303) 356.4000 EXT. 400
71xi l � pe: I rim
r ,
c� gynl f•, t,aE n �1l 915 10TH STREET
• Ae �' P . f' ��� GICCLEV, COLORADO 80631
r .,4 ttt- > •29
f t i i la rl COLORADO,ADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hear-
ing on Novemeber 8 , 1978 _ at 1 : 30 p .m. to review a request
for approval of a change of zone from "A" Agricultural Zone District
to "C" Commercial Zone District
from Charles E. Ryberg on a parcel of land described as
Pt . SEq , Sec . 34 , TINE R66W of the 6th p.m. , Weld County , Colorado '
containing 3 . 00 acres more or less .
This public hearing to be held by the Weld County Planning Commis-
. sion for the consideration of th-e above referenced request will be
conducted in the Weld County Commissioners ' Hearing Room , First
Floor , Weld County Centennial Center , 015 10th Street , Greeley ,
Colorado . Comments or objections related to the above request
should lie submitted in writing I the IPrld County DeparIment of
Planning Services , 915 10th Street , Greeley , Colorado H0631 ,
before the above date or presented at the public hearing- on .
November 8 , 1978
PUBLIC NOTICE
(;(plus of the application are available for public inspeC NOTJcEOFPUBIJCHtEARING
the Department of Planning Services , Room 310, Weld Count The Weld County Ple4nngCom-
915 10th Street Greeley Colorado mission will condo` a ppubll`
( e n t e l l ll g a l Center , 1:30 p. . t review Nev are 1978 or
1:30 p.m. to hang a of
for
m
extension �lDl � . aA'Agrcfachange oP zone from
'A' c Zone District to
District
frorlesCommercial E Zone ona
from Charles E. Ryberg on a
Chuck Carl :-;on , (ii,.1 1 1"Ila:1 areal o[ lend N,R06bed as Pt.
p.m�,S . County,
of the o
Weld County Planning Commission p.m.., 3 Cores y, Colorado
containing 3310 acres more or less.
Thin ublic hearing to be held by
To be published in the : Johnstown Breeze the Weld County consideration
Pt ng
Coo
---- mission for the considers o1
the above referenced request will
'1''f he published one Lime by :October 12 , 1978 (pub] ication Commissioners' He Weld Room
First Floor, Weld County Centen
nial Center, 915 10th Street
Greeley, Colorado. Comments of
objections related to the abov,
request should be submitted ii
, writing -to the Weld Cpuntl
De ar meet of Planning Services
I(f`r t` Iveil I'\' : `1r c I. ‘h- i(i"1 8915 0631,thetreet Greeley,COlorada
__ __._,---.._ _-. -_. 80831., before {he above date o'.
Vresented at the Dublichearing of
- November 8, 1978.
Date : / L./ 1. 7 / >
Copies of the applicant ar
available for public mape ction-L
the Department of Plannin
Services.Room 310, Weld Count
Centennial Center,915 10th Streel
Greeley Colorado(356-4000 exter
04 sion 1 ).
Chuck Carlson, Chairman
Weld ajannin Commission
To be published in the: Johnetow
Breen
To
be 12.19978(pulished blicatione nedati
Co. Legal 78-222-Planning
/
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
I, Eugene Thomas, do solemnly swear
that I am publisher of The Johnstown
Breeze; that the same is a weekly
newspaper printed,in whole or in part, and
published in the County of Weld, State of
Colorado, and has a general circulation
therein; that said newspaper has been
published-continuously and uninterrupted-
_- _ - . ly in said County of Weld for a period of
PUBLIC NOTICE • more than fifty-two consecutive weeks
NOTICE OF PUBLIC HEARING prior to the first publication of the annexed
legal notice or advertisement; that said
mleaondnwill N County �m newspaper has been admitted to the
hearing on November e. est ese at r United States mails as second-class matter
approval i of a chef a of zone from
B under the provisions of the Act of March 3,
C'Agricultural zone District
` 1879,or any amendments thereof,and that
from
arcel of hand desccriibedgasnPt said newspaper is a weekly newspaper
SEW Sec.34,T1N.1166W0fthe8th duly qualified for publishing legal notices
co gl300gcTe;m rre°orless and-advertisements within the meaning of
This public hearing-to be held by the laws of the State of Colorado.
the Weld County PlannintCom' That the annexed legal notice or
mission for the consideration of
the above referenced request will advertisement was published in the
beFi conducted in the unWetd County regular and entire issue of every number o
Commissioners Hearing
vial Cente , 915 10th street, said weekly newspaper for the period o
Gal Center,
Greeley, Colorado. Comments or related to the above consecutive insertions;-and that thc
request
Vititing should to the 1be5 Weld
Couttednty
to first publication of said notice was in thE
wr tarlment t Planning Services �'� �,Z
915 10th
bStreet,
fo etthereabove daiteeor issue of said newspaper dated
presented at thepubllc hearing on A.D. 19 and that the last publicatioi
November 8. 1
Copies a the ap liiscn are. `• of said notice was in the issue of sail
available-frt pen❑c of to ning newspaper dated `'f ` -A.D. 19 /y
the Roo Departmenteld County
Centennial Center, 1510th Street, In witness whereof I have hereunto se
sr e7�)Colorado(358-4000 eaten-
my hand this 3N'day of
Chuck Carlson, Chairman
Weld County A.D. 19 .
Planning Commission
To be-publfshed.tn the: Johnstown 7Breeze G�,f��� C:771- tA--ct ,
.To October 8(publice o edam) ,' Publisher.
Co. Legal 78-222-Planning
- Subscribed and sworn to before me.
Notary Public in and for the County
Weld,State of Colorado.this
/ fit/\ d
of ( �1 A.D. 19 7
/ -
Notary Public
My commission expires - - 7
REFERRAL LIST
1
APPLICANT Charles E. Ryberg __
CASE # Z-314: 78: 18 7.
REFERRALS SENT OUT ON: October 5, 1978
REFERRALS RECEIVED
r E
OCT 51978
County Attorney
OCT 2 01978Y `
County Health
may.
OCT 131978 County Engineer
Colorado Geological Survey
OCT 2 3 1978 Dave Shelton
1313 Sherman Street
Room 703
Denver, Colorado 80203 ,.,`
Soil Conservation Service
P.O. Box 487
Brighton , Colorado 80601
," Lochbuie Planning Commission 0 659-2226-
^
a ': c/o Gordon McLain P C 10/19/78
OCT 111978 r Route 4 , Box 100
Y Brighton, Colorado 80601
Frank Suckla i$". : ,4
NOV 81978 4468 Weld County Road 19`' ffc c :
Fort Lupton, Colorado 80621
Hudson Area Fire Protection District (sent 10/4/78)
c/o Francis T. Hill, Jr. 10/5/78 or .
Attorney at Law 11/2/78 .
OCT 171978 . Suite 320
Seeel Parka
c 50 South Steele Stree
Denver,- Colorado 80209 t.
A •
k.
Y
or co O -,..tedlifite
R' xyads:
f`asxy` O
RICHARD D LAMM *5,t !. ; : * JOHN W. ROLD
4\` �>s,� * Director
Go VERNOR i rti�'' ,�
2876
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING — 1313 SHERMAN STREET
DENVER,COLORADO 80203 PHONE (303)839-2611
October 18, 1978
Mr. Chuck Cunliffe
Department of Planning Services
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Dear Mr. Cunliffe: RE: RYBERG REZONING,
WELD COUNTY
We have reviewed the above referenced application and find that geologic
constraints to development generally are minimal . If buildings are
constructed on the 3 acre tract, we recommend that the foundation exca-
vations be inspected by qualified geotechnical personnel so that any
adverse conditions can be recognized and abated.
We have no objection to the approval of Ryberg rezoning application.
Sincerely,
Walter R. J ge
Engineering Geologist
WRJ/vt -
cc: Land Use Commission k
OCI1918
ElV ED
REG
`1 1.01,er Fe1; sil�A 'v/
\ m c
GEOLOGY
STOPY OF THE PAST . . . KEY TO THE FUTURE
Weld BOARD OF HEALTH
ounty 'ealth Department DAVID WERKING DDS. Greeley
FRANKLIN D YODER. MD. MPH WILLIAM BLILY Rogoen
D!rector 1516 HOSPITAL ROAD DORIS DEFFKE C eeley
GREELEY, COLORADO 80631 A M DOMINGUEZ. JR J D Greeley
ANNETTE M LOPEZ Greeley
(3031353 0540
F RANK MYERS MPH Windsor
HERSDHEL PHELPS. JR . M D .
Greeley
KATHLEEN SHAUGHNESSY. PHN. Awe
ARTHUR G NAT SON Pl dll¢wll¢
October 20, 1978
Gary Fortner, Director
Planning & Zoning
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The Change of Zone from "A" to "C" as requested by Charles Ryberg,
has been reviewed by Environmental Health staff and the following
comments are submitted:
1 . Any commercial building will require an engineer
designed septic system.
2. Noise levels shall comply with those limitations
listed in 25-12-103, C.R. S. 1973.
3. No other health regulations appear to apply to
this application.
Sincerely,
Jon G. Hall , M. .H. , Director
Environmental Health Services
JGH:dr
L,nn
J
4:.: =
mcmnDun
yinDeTo Planning Department Date October 13, '1978
COLORADO From
Mr. and Mr. Charles E. Ryberg - Change of Zone
Subject:
No engineering problems are anticipated by this request.
1
Gilman E. Olson
Subdivision Supervisor
OCT 1978 '1
RECEIVED
�G
` L8ZLd c36:; _
I I ' I1 '! I I i.1v11JINJI; SLIiVIC[ ,
[On! 003) 3N0-0000 EXT.404
915 10TH STREET
TryI ( I IELLE Y COLOHADO 80631
Pk
1.1
° CASE NUMBER Z-314 : 78 : 18
t
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN :
Enclosed is an application from Mr. and Mrs . Charles E. Ryberg
for a change of zone from "A" Agricultural to "C" Commercial Zone District .
The parcel of land is described as Pt . SE?, Section 24 , T1N, R66W.
The location of the parcel of land for which this application has been
submitted is 17343 Weld County Road 6 , Brighton , Colorado , one mile
north and a quarter mile west of Lochbuie .
This item is submitted to your office for review and recommendations .
Any comments or recommendations you consider relevant to this item
would be appreciated . If you find no conflicts with your interests ,
we would appreciate a written reply to include in our files, or check
the box at the bottom of this page and return it to us . We would like
to receive your comments by October 27 , 1978 so that we
can complete our review before the scheduled Planning Commission
meeting . Thank you very much for your help and cooperation in 101;,
CO
matter . C5
Oct
�
�
19 r
n 1 ( RECF�V�8 s
\_ c(�\U..r. . \_ o q,♦♦i4e/O�o�♦iy FQ
Assistant 'toning Arlministratpr F� gC�osissi♦
t ♦ �L
�1�9cSd GG������
!!! j7e have r • er t . le • and find no conflict with our interests.
Signed
C/
6 � Hate AD /0 fig'
I •i Ii• lliilIII H / NFJlhliiSI.IiVICL`.
I'll(!I 11 1:103) 3564000 EXT.404
015 10LIi BL BEET
GIIEELL`Y,COLORADO 8(1631
q
flEl
�
CASE; NUMBER Z-314 : 78 : 18
2„:Y"o
COLORADO
REFERRAL,
TO WHOM IT MAY CONCERN :
Enclosed is an application from Mr. and Mrs . Charles E. Ryberg
for a change of zone from "A" Agricultural to "C" Commercial Zone District .
The parcel of land is described as Pt . SEi Section 24, T1N, R66W.
The location of the parcel of land for which this application has been
submitted is 17343 Weld County Road 6 , Brighton , Colorado , one mile
north and a quarter mile west of Lochbuie.
This item is submitted to your office for review and recommendations .
Any comments or recommendations you consider relevant to this item
would be appreciated. If you find no conflicts with your interests ,
we would appreciate a written reply to include in our files , or check
the box at the bottom of this page and return it to us . We would like
to receive your comments by October 27 , 1978 so that we
can complete our review before the scheduled Planning Commission
meeting . Thant: you very much for your help and cooper' yjson,: in':kis
-),‘,
matter . -'-:' OCT 1978 ', ,,
f RECEIVED -,)
C (1 (rl c 4i nl n
Assistant Zoning Administratbr vsi
`...,C , ;,;
Mti?e have eviewed the plans and find no conflict with our interests.
Signed •�____ 4� - ,Lr:i42� Date 2/ L' /976
H114_9 "ire Protection District A
FIELD -HECK
FILING NUMBER: Z-314 DATE OF INSPECTION: 10/11/78
NA�,1E: Charles Ryberg
REQUEST: Change of Zone "A" to "C"
LEGAL DESCRIPTION: Pt . SE* Section 24, T1N, R6619
LAND USE: NAgricultural
E Agricultural
S Agricultural
;; Agricultural
ZONING: N Agricultural
LOCATION : 1 mile north and 1/8 E Agricultural
mile west of the Town of S Agricultural
Lochbuie w Agricultural
COMMENTS :
There is currently a single family resid. nce 1O.e .ed__Qn__ he property.
There is also several pieces of storage moving equipment in addition
there are two structures being stored on the property. There are two
existing accesses to the property off County Road 6 . There also
appears to be several miscellaneous junk items on the property.
I3Y :
Re7oninq Plat No. Z - 314
LEGAL I LSC;:IPTION
A tract of land located in the Southeast Quarter of Section 24, Township .1 North,
han,;e 66 West of the 6th Principal Meridian, Weld County, Colorado and being
more particularly described as follows:
' vcnicing at the- Southeast Corner of said Section 24 and considering the South
-f r ,'..j Section 24 to bear North 89°37'15" West and with ill other 1.c,r'i • d:
contained rein relative thereto: Thence North 89°37'15" West along th
line of said Section 24, 956.62 feet to the True Point of Beginning.
Thence continuing North 89°37'15" West along the South line of said Section 24,
225.73 feet;
Thence North 00°28'30" East along the West line of the parcel of land described
in Reception No. 1627411 , Weld County Records, a •distance of 578.92 feet;
Thence South 89°37'159 East, 225.73 feet;
Thence South 00°28' 30" West, 578.92 feet to the True Point of Beginning:
Said tract of land contains 3.00 Acres and includes a 30' strip of land along
the Southerly line for Weld County Road No. 6.
APPROVALS
APPROVED BY THE WELD COUNTY PLANNING COMMISION ON . , 1978.
CHAIRMAN, WELD COUNTY PLANNING COMMISION
APPROVED BY THE BOARD OF COUNTY COMMISIONERS ON , 1978.
CHAIRMAN, BOARD OF COUNTY COMMISIONERS
COUNTY CLERK AND RECORDER'S CERTIFICATE
THIS MAP WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF WELD
COUNTY, COLORADO AT .M. ON THE DAY OF A.D. , 1978.
FILE NO. : BY
Reception No. Deputy County Clerk and. Recorder
Prepared by:
McRae & Short, Inc.
Project No. 77080 Sheet 1 of 2
7
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�� OCT 19 b s n ,
r
; y RECEIVED -1
Weld Cent) .:°:�G, Fl min! Cz�rr:aicr
• October 25, 1978
:eld County Planning Commission
015 - 10th Street
Greeley, Colorado 90631
_ear Sir:
':e are writing concerning the Zone c:^_a ze from ',gricultural zone
to Commercial Zone on the parcel cf la:-.d located at 17343 'rT'eld County
:.cad 6, 1 rile north and 1/8 mile west of Lochbuie, described as
=t. S1 ,, ,Section 2'Y. TIN, E66d.
.7e object to this rezoning. !de have been in areas where this has
been done and it has a tendency to lower the value of surrounding resi-
dences. and the connunity in general. If one area is rezoned it isn't long
until others tiepin getting their land rezoned and soon the suburban resi=
dential area is anything hut a residential area. ::ost of us moved into
torn
this area Baca ;se we did want out of the city and awa:✓ noisis e dirt and
i
tZ�n -i-s .ansi€fitly vi e as that usually come with a commercial zoned area.
6' �. n,
Ir� �1 Yours truly,
0O- 194 .-;
%�� rsC .D.Denison
RECEIVE-)
'\` Planning Cnnn ssn:
n`
f o-va om. .a-v...A.-o.->v
w<
5455 West Virginia Avenue
Lakewood, Colorado 80226
October 23, 1978
ice. Chuck Cunlif£e, Asst, Zoning Admin.
Dept. of Planning Services
915 10th Street
Greeley, Colorado 80631
Re : Change of zone from "A" Agricultural Zone District to "C"
Commercial Zone District for 17343 Weld County Road 6 -
Owner - Charles Ryberg
Dear Sirs :
• We bought our property, near the above mentioned property,
about 10 years ago with the idea of it being our future place of
residence. We have worked toward this end (adding well, septic,
house, garage, fences, etc. ) as the years have gone by. We feel
that commercial zoning would decrease the value of our place as
a suitable place of residence. Therefore we wish to strongly
oppose this zoning change.
Sincerely, q
l/
Lowell Miller, Owner
"412:04-r545,?..
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0 co o, RECENED col
Held CouFt] 71 COUNTRY FROLICS
Ca, Pianeitt teAMISSIOE 8 ' "
,S1 eon Currcnl.lnc. ,,:�_,_;r ,. . '!-'_ /
�lereta \.'° �.o,,:.� �/
Charles Ryberg
Z-314 : 78 : 18
SURROUNDING PROPERTY OWNERS
October 11, 1978
Terry and Bonnie Gangwish George Nelson
Route 1, Box 195 B Route 1, Box 196F
Brighton , Colorado 80601 Brighton , Colorado 80601
John and Alice Conway
DOA 10 �� ,_t,
Brighton , Colorado 80601 ��: at,` 2-CAb IJ.JCQ �,
Mervyn and Carol Hoff
Route 1 , Box 196-D
Brighton , Colorado 80601
Mark and Susan Brown
Route 1
17903 Weld County Road 6
Brighton , Colorado 80601
Coy and Allie Kirkpatrick
2143 Weld County Road 37
Brighton , Colorado 80601
Dewey and Irene Hapken
678 South Alkire Street
Lakewood, Colorado 80228
Henry and Melita Beierle , Jr.
Route 1 , Box 195
Brighton , Colorado 80601
Lucky Four Ranch
P.O. Box 21186
Denver, Colorado 80221
Richard and Jeanette Denison
2323 Appaloosa Avenue
Brighton , Colorado 80601
Lowell and Sandra Miller
5455 West Virginia Avenue
Lakewood, Colorado 80226
Richard Gould
Route 1, Box 196E
Brighton , Colorado 80601
Hazel and Anna Mae Marlatt
3150 South High Street
Englewood, Colorado 80110
I CI ! HN .! H ! III !'I /NNINU SERVICE:,
EH,rta, 130313564000 EXT.404
915 10TH STREET
(,HI I.LEY,COLORADO 80631
x
it x
i y
COLORADO
October 11, 1978
To Whom It May Concern :
You are receiving a copy of this notification because your name
appears as a surrounding property owner owning property within 500
feet of the proposed use .
The Weld County Planning Commission will review a request from
Charles Ryberg
for Change of Zone from "A" Agricultural Zone District to "C"
Commercial Zone District
on property described as follows : Pt . SE*, Section 24 , T1N, R66W •
The location of the parcel of land for which this application has
been submitted is : 17343 Weld County Road 6 , 1 mile north and 1/8 •
mile west of Lochbuie
If you have any suggestions or objections , will you kindly notify us
in writing before October 27 , 1978 . The meeting by the
Weld County Planning Commission is scheduled for November 8, 1978 ,
This meeting will take place in the County Commissioners Hearing
Room, first floor , Weld County Centennial Center, 915 10th Street ,
Greeley , Colorado, at 1 : 30 p.m. If you have any questions concerning
this matter, please contact the Department of Planning Services at
356-4000, Ext . 404 .
Qjnministrato ,r
Rezoning Plat No. Z - 314
WELD COUNTY, COLORADO
"A" AGRICULTURAL TO "C" COMMERCIAL
Xi 89° 37' /S" (4/ Sol 00'
"4.CCEL (DE-s0/2/13e0
/.t/ ee-C. n4/62 74//
S'Sir 37'/s-E
22s 73
0
a
N
�3. Co �C2ES O SC/IL E,/ /00'
N A p O O/ns Set
a • I pins Founo/
56 h
0 h
a M k
v) N o 0
o ti
0 o
S % C'o.e.
SEe. 24, T/4,
7e 4a t . 6rw PM
"O• 7euE Poi.v r SE do,e.
See. 2-1, 77A/,
.7, o c
—O C�EG/NV/NG e 66 W, 6n.,PM.
2gs 73 N89°37.XS-Gil
SC 7 00 67.573S
A/CrWELD 69°/+ 3776. w956. 62
l.OUNTY e0 0 /Vp . 6 SOOT/! .C/.UE SEC. 2Q
SURVEYOR'S CERTIFICATE
I do hereby certify that, under my personal supervision, this plat and i..gal
`
description were prepared and that the corner monuments indicated hereon were
properly placed during an actual and accurate survey of the land completed on
January 5, 1978. -�i/
B.M� a��i`3 `�! r
4��..v:::,o4,F\ Gerald B. McRae, Registered Land Surveyor and ,
fQ7 ?' , Professional Engineer, Colorado Reg. No. 6616
I (..,616 *
Prepared by:
* � o
McRae & Short, Inc. d)*\'—e-- 4_t-.' 4
r
Project No. 77080 '�.;-���G
'^" Sheet 2 of
dovemhar 27, 1972
el�1 lofntal' irrinc Colr9.ssior.
217 - 10th itreet
Greeley-, Colorado °0531
Dear :Hr:
f ,is 'ht ter is to voice our dis nnrov•il_ of the zone chance
from r ricultural to Co�mercial on the property described ps
Ft. S';, , Section 26., gl.�! 6F,I located at 17343 -1eld County
. oad 6, 1 mile north and 1/3 mile west of Lochbui€.
enls >n/LnnAl1070 � Jeanette.. Deni son
�4" AS `
ti NOV 1978 ,) ^
c'tRECEIVED �� 'r)1
6, II¢IA CoanlyRadii Waste (4;4
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�� lB�LZti , ,Z. S-060/
totOFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE: (303) 356-4000 EXT. 200
P.O. BOX 758
WI I GREELEY, COLORADO 80631
O /:I : II7iI:7
F CF
Y of L COLORADO DECEMBER 22, 197$
JAN 91978
Charles Ryberg /: 7-o
17343 Weld County Road 6 BY tawinCLG KkNokFC QER
Brighton, Colorado 80601 Deputy!
TO WHOM IT MAY CONCERN:
Your request for a CHANGE OF ZONE, A (Agricultural) to
C (Commercial) District has been recommended unfavorably to the
Board of County Commissioners by the Planning Commission. The
legal description of the property involved is part of the Southeast
Quarter of Section 24, Township 1 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado.
If You wish to be heard by the Board of County Commissioners,
it will be necessary for you to indicate your request by signing
the bottom of this letter and returning it to this office. Regular
hearing procedure will then be followed. This includes publishing
a Notice of Hearing twice in the legal newspaper, which expense
must be paid by you before the hearing day.
In order to proceed as quickly a possible, we must receive
your reply by January 10, 1979. If we are not in receipt of your
request by that date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ne K. SteinmWatarIt7Naw,,do Tem
kh
I wish to have a hearing on this matter with the Board of
County Commissioners. I agree to pay for the legal advertising
as noted above.
/11: (c., C
1
Charles Ryberg
Q
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PS Form 3811,Nov.1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL
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