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HomeMy WebLinkAbout790019.tiff ___ Aso O� Ti Z 11JW ems- /� Accorded of___..._..•l^^-�C....-• _.o'clock..40...M..._-._.._...-._ 161'7566 1)^(2,,eu�u.,J Rec.No. �� State oj•,,color°do, Weld County Clerk & Recorder C7 RESOLUTION RE: GRANT CHANGE OF ZONE FROM A-AGRICULTURAL ZONE DISTRICT TO C-COMMERCIAL ZONE DISTRICT FOR PHILLIP W. KENNEDY, P. O. BOX 70, WINDSOR, COLORADO 80550. 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 11th day of July, 1979 at the hour of 2:00 o'clock p.m. for the purpose of hearing the petition of Phillip W. Kennedy, P. O. Box 70, Windsor, Colorado 80550, requesting a chnage of zone from A-Agricultural Zone District for the following described parcel of land, to-wit: A tract of land located in the Northwest Quarter of Section 22, Township 6 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows: Commencing at the Northwest Corner of said Section 22, and considering the West Line of the Northwest Quarter of said Section 22 to bear South 00°00'00" East, and with all bearings contained herein being rela- tive thereto: Thence North 89°25'12" East, along the North Line of the Northwest Quarter of said Section 22, 139.60 feet; Thence South 00°34'48" East, 33.40 feet to the True Point of Beginning, said point being on the South right of way line of State Highway 392; Thence North 89°35'12" East, along the South right of way line of said Highway 392, 440.37 feet; Thence South 00°15'04" East, 250.88 feet; Thence South 89°35'12" West, 541.40 feet to a point on the East right of way line of State Highway 257; Thence along the East right of way line of said State Highway 257 following two (2) courses and distances; North 00°00'00" East, 150.58 feet; North 44°41'16" East, 142.10 feet to the True Point of Beginning. Said tract of land contains 3.00 acres. WHEREAS, the petitioner was present, and WHEREAS, Section 8.2 and 8.3 of the Weld County Zoning Reso- lution authorizes the Board of County Commissioners to grant a change of zone upon the showing of certain facts by the petitioner, and 790019 ?,00 896 i8i 7 ist; 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 Plan- ning Commission, and having been fully informed, is satisfied that the request for re-zoning complies with the Weld County Comprehen- sive Plan and the conditions set out 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 Phillip W. Kennedy for a change of zone from A-Agricultural Zone District to C-Commercial Zone District on the abovedescribed tract of land be, and hereby is , granted subject to the conditions as recommended by the Weld County Planning Commission dated May 15, 1979. BE IT FURTHER RESOLVED by the Board that condition l.b. of the Weld County Planning Commission recommendations be deleted concerning the reservation of right-of-way and a provision be added that the applicant provide curb and gutter along the South edge of the existing asphalt pavement along State Highway 392. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO n',4 ' ln,'`-c!- - y� . r � ATTEST: `` rz�4. a,,,,,,, -tuki oite Weld County Clerk and Recorder and Clerk to the Boar KITXi i t- KILL ?&vitt De/puty County rk APPROVED AS TO FORM: CountynY6q%�'t°�"y DATE PRESENTED: JULY 16 , 1979 A public hearing was conducted on July 11. 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, CHUCK CUNLIFFE The following business was transacted : I hereby certify that pursuant to a notice dated June 4 , 1979 duly published June 7 , 1979 and June 28 , 1979 in the Platteville Herald, a public hearing was held on the request of Phillip W. Kennedy for a Change Of Zone, from A (Agricultural District to C ( Commercial District) . Mr. Kennedy was present and answered questions . The Planning Commission recommended that this request be approved. There was no one in attendance at the hearing in opposition to the grantincg of said Change of Zone. After all testimony was received, Commissioner Steinmark made a motion to approve the Change of Zone with development standards , reservation of 35 feet right-of-way on County Road #257 , removal of reservation of right-of-way on County Road #392 , and that curb and gutter be installed. Commissioner Steinmark contended that there has been changing conditions in the area. The Town of Windsor has annexed up to this point across the road from this property and further states that in their plan the property will be zoned Commercial . Commissioner Dunbar seconded the motion and it carried unanimously. CHAIRMAN BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: v/(ltr k ft4,4/-n/ WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BO D BY: ��-' y Coun y Cle: � " D • T # 79-35 TAPE # 79-78 • IHR# _._ APPLICANT : 9., ��� r TIME : �i 9. DOCKET/171.3; DATE : 1 1 REQUEST : to NAME ADDRESS PLt- ,. t/ Duna 7% N -0 S I CE 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 - Phillip W. IKennedy DOCKET NO. 79-35 P. 0. Box 70 Windsor, CO 80550 DATE: JULY 11 , 1979 TIME: 2 : 00 P.M. REQUEST : Change of Zone , from A (Agricultural District) to C (Commercial District) LEGAL DESCRIPTION: A tract of land located in the Northwest Quarter (NW;) of Section 22, Township 6 North, Range 67 West of the Sixth Principal Meridan, Weld County, Colorado and being more particularly described as follows : Commencing at the Northwest Corner (NW Corner) of said Section 22 , and considering the West Line of the Northwest Quarter (NW;) of said Section 22 to bear South 00° 00 ' 00" East, and with all bearings contained herein being relative thereto: Thence North 89° 25 ' 12" East, along the North Line of the Northwest Quarter (NWa) of said Section 22, 139 . 60 feet; Thence South 00°34 ' 48" East, 33 . 40, f eet to the True Point of Beginning, said point being on the South right of way line of State Highway 392; Thence North 89°35 '12" East, along the South right of way line of said Highway 392, 440. 37 feet; -'hence South 00°15 ' 04" East, 250. 88 feet; -'hence South 89°35 ' 12" West, 541. 40 feet to a point on the East sight of way line of State Highway 257; Thence along the East right of way line of said State Highway 257 following two (2) courses and distances; North 00°00 ' 00" East, 150. 58 feet; North A4°41 ' 16" East, 142. 10 feet to the True Point of Beginning. Said tract of land contains 3 . 00 acres . DATED: June 4 , 1979 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the -Board BY: Keitha Hubbard, Deputy PUBLISH: June 7, 1979 and June 28 , 1979 in the Platteville Herald -AFFIDAVIT OF PUBLICATION STATE OF COLORADO 1 s;. COUNTY OF WELD E ^J 1 - /I. " re e" of said bounty of Weld, being duly sworn, say that f am offiee manager of IDE WINDSOR BEACON, INC. a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State: and that the -N017CE m notice, of which the annexed is a true copy, has beet lwant 1e1M matag lens of the State Cascade and the Weld Candy &slag a public hdariog will be held* published in said weekly for / successive Chambers of the -Board of weeks, that the notice was published in the regular i's, mbsioners of Weld County, aabzden eld Comfy Centennial Center, 915 and entire issue of every number of the papere during reef,-Greeley, Colorado, at the OW the period and time of publication, and in the news- dfied. All ppersons in any mans µoper proper and not in a supplement, and that the `'tterested in the fo0owiog proposed Clue first publication of said notice was in said paperbear- Zone are requested to attend and map Bn mg the date of the 4nd R AL90 KNOWNfhat the text and V 7. certified by the County Plan day day of (/j , A.D., 19..L..? Commission may be examined in the OB1ggi. '•_ to Clerk ''to-the Boas of the CCooy�yl� and the last publication bearing the date of the Commissioners,Center, -9located the Weld Cp y Y�enfeuial Center,-915 10th Street 77'1 DoCKE'NO;79.3Colorado. day of A.D., 19 O •ro-PhWip-W.Kennedy and that the said "WINDSOR DEACON" has been ' published continuously and uninterruptedly for the 4 ATE:J CO 80559 July 11,1979 period of 52 consecutive weeks, in said County and 2:00 P.M. State, prior to the date of first publication of said EQUEST: Change of Zone, from A notice, and the same is a newspaper within the mean • - DWrkq to C (Comm ing of an Act to regulate printing of legal notices and advertisements, approved May , 1931, and all WA ON: Southeast corner of of 392 and 257. prior arts .s far as in one, �7 37LLr.44 BOMB OP vt -WELD COUNTY Ws MARYANN -COMMAiCLERK AND _OeFICE MANAGER -AND=RICTO T1�DO DATED:June 19791 KaNYa6aYmd, Pub in the Windsor Beacon July 5, -�J/' 1979. Subscribed and sworn to before me this ,-3- day OT���0 NOTARY P IC 4 I My Commission rn , 1992 My commission expires Y jug NOTICE Pursuant to Colorado Revised Statutes, 1973, 39-8-1-04, as amended, notice is hereby -given that the Board of County Commissioners -of Weld County, Colorado, will sit as the County Board of Equalization, in its Chambers in the Weld County Centennial Complex, 915 10th Street, Greeley, Colorado, beginning on the second Monday, the 9th day of July, 1979, to review the assessment roll of all taxable property located in the County, as prepared by the Assessor, and to hear appeals from determinations of the Assessor, and will continue said hearings from _day to day through July 31 , 1979. Dated t Greeley, Colorado, this 4th day of June, 1979. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeannette Ordway, Deputy PUBLISHED: The Platteville Herald June 7, 1979 and June 28, 1979 DATED: June 4, 197-9 �II�I�T III 11 from the 0IIicc, of Greeley , Colorado THE BoARI) or coI;u'I'Y ('ON61jSN):ONERt' WELD COUNTY , COLORADO dune 1 1979 • Publi shcr : Please insert the enclosed notice in your issue the week of • duly-_2,-.1979--- _ care lime only . Regarding payment , complete the enclosed voucher and forward it to us . When returning the voucher, please include an affidavit of publication so we may complete our files . Thank you for your cooperation . Sincerely , i Docket No. 79-35 'I'IIE: Itt)AItit or r'I)lliJ'I'1' E'OF11llSS., ONERS WELT) COUNTY , CuLORAUO BY : Mary Ann Fetterslcin Colin ly Civil: and Recorder and Clerk to the Board fly : Jeannette Ordway • Deputy Conn Ely Clerk `" • SENDER.Complete items 1,2 nd 3ca Add your address in the "RETURN-10" space on 3 feVerSC. 1�T ryp ry C 1. The following service is requested(check one). 1�0. L tJ L.1 7�J E Show to whom and date delivered ¢— RECEIPT FOR CERTIFIED MAIL ❑ Show to whom,date,and address ofrlelivery. . ¢ ...,.. ., ❑ RESTRICTED-DELIVERY -NO INSURANCE COVERAGE PROVIDED- Show to whom and date delivered ¢ No, NOT FOR INTERNATIONAL-MAIL y. ❑ RESTRICTED-DELIVERY 0(..,/ (See Reverse) Do Show to whom,date,and address of delivery.$ '^°"" SENT TO "`�' (CONSULT POSTMASTERSOR FEES) -' Wi nd�or Beacon STREET AND NO. M 2. ARTICLE ADDRESSED TO: * 475 Mai n ,i m Winarsor Beacon P.o.,STATE AND ZIP CODE ts- » m 425 Main ,.t Windsor. -CO 8 550 �^ N :+ Y POSTAGE $ 'c4+ , , M' Stif t 5 Wind- or, rn RO55(1 79--"i «* a CERTIFIED FEE c A "• ,� �� 3. ARTICLED ,ER- II ESCRIPTION: w p . v* 4,11 t s e-. -Ell REGISTERED NO. CERTIFIED NO. INSURED NO ,y.. SPECIAL DELIVERYQ P��".1.1 - 280:775 a, RESTRICTED DELIVERY Q L N m 14+ SHOW TO WHOM AND DATE (Always obtain signature of addressee or-agent) F �' > DELIVERED ¢ , m e eg se i; , p I have received the article described above. e w H SHOW TO WHOM,DATE,AND — SIGNATURE = Addressee D Authorized agent w _w i ADDRESS OF DELIVERY L W In 2 t -1 N - A l_ Pri W SHOW TO WHOM AND DATE m 4, ) C- CA. f� V 1 i; v�-L - v m DELIVERED WITH RESTRICTED ¢ , rry,e�••'� h D z DELMRY P DATE OF DELIVERY POSTMAUK °C +�a SHOW TO WHOM DATE AND .> / H W ADDRESS OF DELIVERY WITH �-' •-- w'•'�'.• µ �" p �1 / "• / /` \G ' -- m RESTRICTED DELIVERY m 5. ADDRESS(Cpmplete_only it requested) -~'r44 A m TOTAL POSTAGE AND FEES $ (4 —i \ :' POSTMARK OR DATE 6. UNABLE TO EC:LIVER BECAUSE.- C S 79--35_ LS D p E *GPD:1977-0-249-595 R ', _..,4:,. ‘r"- . :. . . .:L .e. w.r+°;',. .$9'r"r*. Y *P('m'a'.w'k .. ,...)..* i st..... `' !'w r'isttA s+'* ,.,,-i..., f''.' '114• 44 INF _ ' AIM - . NOTICE Pursuant to the zoning laws of the St-ate 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, S33 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 - Phillip W. Kennedy DOCKET NO. -79-35 P. O. Box 7U Windsor, CO 80550 DATE : JULY 11,1979 TIME : 2 : 00 P.M. REQUEST : Change of Zone, from A (Agricultural District) to C (Commercial District) LOCATION: Southeast corner of the intersection of Highways 392 and 257 . DATED: June 4 , 1979 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board BY: Keitha Hubbard, Deputy XO4 Co COLORADO STATE DEPARTMENT OF HIGHWAYS * ' * * '`'{ DIVISION OF HIGHWAYS Weld County * 7g76 SH 392 May 23, _1979 , Kennedy Zone Change ",Ifj J��rL9 SE Corner of 392 Mr. Chuck Cunliffe p n, -and 257 ��. MAY 1979 03. Department of Planning Services Weld County `9- RECEIVED DOH FILE 45100 -915 Tenth Street Weld County Greeley, Colorado -80631 �s, Pl,nninaCommissioe ,� Dear Mr. Cunliffe: !y!�lOl6_ �a� A meeting was held in Windsor, Color-ado, on May 21 , 7979, among representatives of the Colorado Division of Highways, Ms. Ruth Fidino, and Mr. Phillip Kennedy to discuss recommended highway improvements for the Kennedy -Change of Zone. The follow- ing items are the result of that -meeting. 1. After reviewing the roadway section needs along State Highway 392, it was determined that no reservation of right of way is necessary along this highway. However, the reservation of 35 feet along S.H. 257, in addition to the existing 40 feet east -of the centerline, should be retained. 2. Mr. Kennedy agreed to provide curb and gutter along the south edge of the exist— ing asphalt pavement -along S.H. 392. As measured on-site, it is 36 feet from the edge of the pavement to the center of the highway. This curb and gutter will begin at -a point 'directly north of "The True Point of Beginning" and continue eastward to form the turning radius for the driveway on S.H. 392. The curb and gutter should extend at least to the property line. A copy of the standard Type 1I-B curb and gutter is enclosed. Topsoil should be provided behind the curb for a distance of at least four feet flush with the top of the curb. 3. Both new driveways should have 50-foot turning radii to facilitate ingress and egress. These driveways will be paved from the existing edge of -asphalt to the property line so that the existing edge of the -highway will not deteriorate. It is our understanding that the driveway on S.H. 257 will be located at the southwest end of the site, rather than the northwest corner. The plat should be changed to reflect this modification. Upon final approval of this plat and prior to any construction within highway right of way, an Application for Driveway Permit must be completed and approved. Three copies of -an approved plan showing details of construction and the completed permit form should be sent to Mr. David N. Fraser, District Maintenance Superintendent, P. 0. Box 850, Greeley, Colorado 80632. Very truly yours, DWIGHT M. BOWER AC: da DISTRICT ENGINEER Enclosure cc: D. M. Bower c c D. N. Fraser (2) c File: Crier-Jacobson via Albert Chotvats Rames-Finch-Graham Assistant District Iogineer Ruth Fidino/Town of Windsor P. W. Kennedy, P. D. Box 70, Windsor P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 fIllIIlllfl - Ai Ai • CURB AND STUTTER Type 2 (6"Barrier - 2' Gutter) (Section II B) Imo_ iki 4•= _44 2 -a• — — — te .• 12• ¢ti. jO `:11. b .o': . v n. L1 1 Ill�lllf I _ 1111'11 BEFORE *Mr ELD COUNTY, COLORADO PLANNING MISSION RESOLUTION OF 32ECOMMENDATJON TO THE BOARD OF COUNTY COMMISSIONERS Date May 15, 1979 Case No. 7# 310 :78 : 1+ APPLICATION OF Phillip W. -Kennedy ADDRESS P.O. BOX 70, Windsor, Colorado 80550 Moved by Jim Gilbert 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 Weld County, Colorado, to-wit: See attached be recommend (favorably) giiiEW) 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 .ustify a new classification. Without the presentation of such supporting documentation, the County Planning Commission should not recommend a change of zoning. " Motion seconded by: Irma White Vote: For Passage Jim Gilbert Against PassageFred Otis WELD MTV CCMN)SSl4HEIS Frank Suck Jerry Kiefer (� la II Irma White Abstained Ben Nix I MAY 25 1979 Abstained Percy Hiatt -GREELEY. COLO, 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 1, 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 May 15, 1979 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 16 day of May , 1979 . Secretary H :',11, ..:'"t. II'TI::!: ATPT} , t ' : Lt n 1, ,,._I,:. i '... 1 /I, de TO 1r ' '°-i, i '7 Alr � 14 11( 'p ''i;1 1 m1a o (ow (' )PI Ft ,, . ', L: , ! c3 ' 1,1t.'n ITF. "1'I/,'P;, T cnp.r , , . I;W 1 on F.A;"r, P1" i.4[7.1, PIT. t ING, ,., , 1 1,I 1 C, : Sri , ,., T T0: il'rIYF N(, TH ' Jr' ^Q' 12" PAST, A101', THE 1;0"Tn l,'1:I: OF ,'I'I: C(P' : 'iv;I : T (:11/".TE't (!Z 1/1i ) CF :Tr ::I ^FCT701' 21, 1?P./0 FF.1.7; :14 ' T'' -3.)4n FL:FTTOT T „F , . 1 . , TO Ric; h(ITt:P P .;It.1.lt:!1, i' '' ' lr;iri 1, r, c , HI, 1 , 5411 .b?.: FT:F:T '"n A. I If:" OTT Hl'. ''" t .,I:'' I I., 1',. "'CT": 5;P�.Y I 1t t'. OF ,.l i' .' i :'i i.; ii1, .. "i H. I r , t it pt,':,I �, ig;Tf:t' HT ,F:rTr':LI:i;. .. :.l' :. tTAIT ..;r, ,(,;,,1,, . . Phillip W. Kennedy Z-310 :78 : 14 PLANNING COMMISSION RECOMMENDATION May 15 , 1979 It is the opinion of the Planning Commission that the applicant has demonstrated that changing conditions in the area now justify a new zoning classification. Conditions in the area have changed and will continue to change as growth occurs in the Windsor area. The Town of Windsor ' s growth toward this property is evidenced by the fact of the Windsor Square County Estates annexation in June, 1974 which annexed 306. 71 acres northwest of the property under consideration and the Lakeview Cemetery and Ballpark annexation in March, 1975 which annexed 18 . 46 acres directly west of the property under consideration. 2 . The rezoning request agrees with the policies contained within the Weld County Comprehensive Plan in that the request for commercial development is located adjacent to the Town of Windsor and in compliance with the Comprehensive Plan of that municipality. The Comprehensive Plan of the Town of Windsor identifies the future land use of this area as industrial . 3 . The following referral entities have reviewed this request and set forth no objections to it : a. Weld County Engineering Department b. Weld County Health Department c. Windsor-Severance Fire Protection District d. West Greeley Soil Conservation District provided erosion control allows safe erosion free waterways to the highway system and revegetation, gravelling or paving of disturbed areas be done to prevent wind erosion and fugitive dust pollution. e. Colorado Geological Survey. They have recommended a soil foundation investigation and a drainage study be conducted prior to construction so that the facilities can be adequately designed. The Planning Commission recommendation for approval is conditional upon: 1 . The rezoning plat be amended to show the following : a. Reservation of 35 feet of additional right-of-way along the east side of State Highway 257 . b. Reservation of 42 feet of additional right-of-way along the south side of State Highway 392. [[ 1 Phillip W. Kennedy Z-310 :78 :14 PLANNING COMMISSION RECOMMENDATION May 15, 1979 c. The relocation of the proposed driveway on State Highway 257 to the south edge of the property line. This provides a better separation between the driveway and the intersection and less conflict with the north-to-west left turn slot on State Highway 257 . This would also permit the joint location of driveways at this location should the property to the south develop . 11 Comments : 1 . The Windsor Planning Commission has recommended approval of this request although they are very concerned about the _development of this property . The following is taken from their letter dated February 2 , 1979 : "As you know, this property is located on one of the major intersections in the Windsor area. This intersection serves as the town entry for traffic from the south and east and thus it is very important for our community image . The Town of Windsor has a strong desire to assure that all town entryways illustrate "the well kept rural character" of the town . The Town of Windsor hopes that you will share our concern for the development of this area. Close communication and cooperation between the county, town and developer will make this project one that we all can be proud. " 2 . The Colorado -Division of Highways has further explained the reasons why the recommendations were made for the Highway improvements contained in their August 31, 1978 letter in a letter dated April 23, 1979. Copies of both letters are in the attached materials . 14 Date: May 1, 1979 CASE NUMBER: Z-310 : 78 : 14 NAME: Phillip W. Kennedy REQUEST: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District LEGAL DESCRIPTION: Pt . NWT, Section 22 , T6N, R67W LOCATION: Southeast corner of the intersection of Highways 392 and 257 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved TOR THE FOLLOWING REASONS : 1. It is the opinion of the Department of Planning Services staff 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 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 demonstrated that changing conditions in the area now justify a new Zoning classification. Conditions in the area have changed and will continue to change as growth occurs in the Windsor area. The Town of Windsor ' s growth toward this -property is evidenced by the fact of the Windsor Square County Estates annexation in June, 1974 which annexed 306. 71 acres northwest of the property under consideration and the Lakeview Cemetery and Ballpark annexation in March, 1975 which annexed 18 .46 acres directly west of the property under consideration. 2 . The rezoning request agrees with the policies contained within the Weld County Comprehensive Elan in that the request for commercial _development is located adjacent to the Town of Windsor and in compliance with the Comprehensive Plan of that municipality. The Comprehensive Plan of the Town of Windsor identifies the future land use of this area as industrial . Phillip W. Kennedy Z-310 : 78 :14 PLANNING STAFF RECOMMENDATION May 1, 1979 3 . The following referral entities have reviewed this request and set forth no objections to it : a. Weld County Engineering Department b. Weld County Health Department c . Windsor-Severance Fire Protection District d. West Greeley Soil Conservation District provided erosion control -allows safe erosion free waterways to the highway system and revegetation, gravelling or paving of disturbed areas be done to prevent wind erosion and fugitive dust pollution. e. Colorado Geological Survey. They have recommended a soil foundation investigation and a drainage study be conducted prior to construction so that the facilities can he adequately designed. The Department of Planning Services staff recommendation for approval is conditional upon: 1 . The rezoning plat be amended to show the following : a. Reservation of 35 fret of additional right-of- way along the east side of State Highway 257 . b. Reservation of 42 feet of additional right-of- way along the south side of State -Highway 392. c. The relocation of the proposed driveway on State Highway 257 to the south edge of the property line. This provides a better s-eparation between the _driveway andthe intersection and less conflict with the north-to-west left turn slot on State Highway 257 . This would also permit the joint location of driveways at this location should the -property to the south develop. 2. The applicant providing the following highway improvements : a. On State Highway 392 , curb and gutter should be provided at the edge of the existing asphalt and extended to allow for a total of 3b-foot driving lane width from centerline across the entire length of the -property. Then, a 17D-foot taper should be built to meet the existing pave-d shoulder to the east. Philli-p W. Kennedy Z-310 : 7B :14 PLANNING STAFF RECDMMENDATION May 1, 1979 b. On State Highway 257 , the -pavement should be widened an additional 12 feet and curb and gutter constructed along the entire property frontage. The "three-centered" curve -which exists at the southeast corner of this intersection should be -moved to align with the State Highway 392 curb and gutter. A painted island In the gore where the existing stop sign stands would then be -needed to define the -right-turn movement. A 200-foot taper to the existing _paved shoulder to the south would allow for the deceleration movement into the State Highway 257 access . c. On-site detention and drop inlets which will be needed to allow storm runoff to be carried from this site to a 24" x 72" reinforced concrete pipe crossing that highway approximately 75 feet south of the center of the intersection which tarries the drainage to the north across State Highway 392 . All of the above items have been requested by the Colorado Division of Highways in its letter dated August 31 , 1978 . In addition to the Above items, the Highway department has recommended that a minimum setback of 100 feet from the highway centerline should be maintained to provide adequate noise protection for commercial structures, unless other abatement measures are provided. Comments : 1 . The Windsor Planning Commission has recommended approval of this request although they are very concerned about the development of this property . The following is taken from their letter dated February 2 , 1979 : "As you know, this property is located on one of the major intersections in the Windsor area. This intersection serves as the town entry for traffic from the south and east and thus it is very important for our community image . The Town of Windsor has a strong desire to assure that all town entryways illustrate "the well-kept rural character" of the town . The Town of Windsor hopes that you will share our concern for the development of this area. Close communication and cooperation between the county, town and developer will make this project one that we all can be proud. " 2 . The Colorado Division of Highways has further explained the reasons why the recommendations were made for the Highway improvements contained in their August 31, 1978 letter in a letter dated April 23 , 1979. Copies of both letters are in the attached materials . REZONING APPLICATION Weld County Planning Department Services Building, Greeley, Lolo. FOR PLANNING DEPART4ENT USE ONLY: CASE NUN.BEH: PC HEARING DATE: l i krAr..-Ar m l Sax: TWP _RANGE: _ CC HEARING DATE: LAND CODE: T: S: 1/4: KEY: SUB/DIV LODE: SUB: BLK: LOT: KEY: fS REFER TO: REZONING FEE: S��i � ��;"€3C - 1) Date: APP. CHECKED BY:: 03/4e-, 2) Date: REC. _NO. : 15;4- PIP, V?" i 3) Date: LEGAL DESC. APPROVAL ' 4) Date: TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH -PROCEDURAL GUIDE R.EQUIHFMEiTS: 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 14)11-owing -described unincorporated area of Weld lCountyi LIX'AL DESCRIPTION: A tract of land located in the northwest quarter of -section 22, township 3 north, range 67 west of the sixth principal meridian, ;.recd county, colorado and being more particulary described as follows: Commencing -at the northwest corner of said section 22, and considering the west line of the northwest quarter of said section 22to bear _south DO 00 00" mast, with all bearings contained herein being releative thereto: Thence -port B9' 25' 12" east, along the north line of the nothwest quarter of said section 22, 139.60 feet. Thence south 00 34' 48" east, 33.40 feet to the true point of begining, said point being on the south right-of-way line of state highway 392: Thence north 89 35' 12" east, along the south right-of-way line of said highway 392, 440.-37 feet: Thence south 00' 15' D4" east, 250.88 feet; Thence south 89 35' 12" west, 541,40 Teet to a point on the east right-oT=way line a£ state highway 257; Thence along the east right-of-way line of said state highway 257 by the following two courses -8e distances. North OD' 00' 00' east 150.58 fit. Said tract contains 3 acres. (If additional space is required, attach an additional sheet mil this same size) � STREET LOCATION: southeast corner Df the intersection of Colorado nighwnyq gg9and 957 PRESENT ZONE Agriculture PROPOSED 20NE Cnvmmerr;a1 AFFRAY AREA: 3 acres PURPOSE: Auto dealership, IS THIS AREA PLATTED: YES( ) NO (XT. IF PLATTED, NAME _OF PLAT: IS THIS AREA TO BE-PLATTED: YES ( ) _NO (X). IF -ANSWE3i. ZS YES, HAS PLAT 13E 1'I SUBMITTED: YES ( ) NO ( ). FEE OWNERS OF AREA PROPOSED FOR -REZONING: • NAME: Phillip Kennedy ADDRLSS: IP,O. Box 70. Windsor ea TEL: 68fl-2575 NAME: ADDRESS: TEL: NAME: ADDRESS: TEL: I hereby depose and stets under the penalties 'of perjury that -all statements, proposals and/or plans submitted 4:1th or contained within this application are true and correct to the best of my knowledge. COUF TY OF WELD ) STATE OF COLORADO ) Signature-: Omer or Authorized Agent Subscribed -and sworn to before me this day of V 1\ t'---- , 19 k if . SEAL i) �� c ).�i /A ; ,, NOTARY PUBLIC My commission expires:. �c:: : s.z, e :rem December 5 1971_ TO PETITIONERS FOR CHANGE Of ZONINIG WELD COUNTY , COLORADO Answers to the following questions must be submitted in writing with your petition requesting a change of zoning . It is -necessary that the Planning Commission have the-se answ-ers to act on your -petition . 1 . _Is it impractical , impossible , or undesirable to develop the land according to its current coning classific-atio-n? 2. Would the proposed rezoning benefit the -entire i:ounty by allowing a typical development which is needeiJ and cannot located io other parts of the County? 3 . Would the proposed rezoning benefit lands adjoining t-he area regu-es-ting the change? 4. What features apply to the property requesting rezoning which make it lig-ical to rezone this tract and net to rezone in a similar manner surrounding properties which may have like land use characteristics? 5 . Why are other areas in the County already zoned according -to the requested classification , unsuitable for the development which is proposed ? 6 . What proof of evidence is avail-able that the original rezoning is faulty or that changing conditions in the area justify rezoni-ng • at this time? 7 . Please submit economic or other evidence that the area _covered by the petition nerds additional Commercial or Business in the area . (T-n be answered on chang-es requested for Business or Commercial ) . 8. Give some eviG-ence -of the proposed business or commercial enter- prises that are to locate in the req_ueste-d area and a tentative time schedule -for construction . (To be answere>i on Changes • requested for -Business or Commercial ) . 1 Ch e of Zoning 1. It is impossible to develop th land according to the current zoning classiffication because there is no wa er to develop it for agricultral purposes. 2. The rezoning is needed for the town since they desire it to be zoned commercial unit development for £uther development. 3. The rezoning would benefit the town of development in helping them to meet present growth. 4. The features that applies to this property requesting rezoning is that it is proposed in the original plan for the town of Windsor. 5. Other areas of the present town of Windsor are not large enough. 6. The population of Windsor has doubled which makes the need for commercial land. 7. A condition that will need to be considered later. 8. Planners of the town of Windsor say this is the courect procedure for Suture change to commercial for Auto dealership. AL '* Is A.34 - E P 14 1973 {U�°(nK� Recur dv,I at.. . . o'clock.-(. . M.. 1• t3'J 1621207: .. .. ......__.. ANN SD ;EP I. , Reception No JMfg _ - .�__ Recorder. L�l 11 GEORGE GOODELL AND ORVILLE GOODELL I 0, whose address is La ton s County of Weld • , State of State Documentary Pep Colorado D°t,,____SEP 14 1973 , for the consideration of $ 2 ge.....'.... other valuable consideration and Ten c.t dollars, in hand paid, hereby sell(s) and convey(s) to ..) NI PHILLIP KENNEDY ^I l ~ whose address is a County of i vs Weld O., c, I , and State of Colorado the following real property in the u' O Weld County of , and State of Colorado, to wit: o A tract of land located in the E;:'; of Section 22, Township 6 North, :.\ Range 67 West of the 6th P.N. and being more particularly ,ic-scrihud as follows: .—I CDra.le•ncing at the :;urtl;west Corner of said Section 22 awl consider- t _ my the West line of the NtJ-1, of said Section 22 to hear South 00O r'-"] 00 '00" Last, with all bearings contained herein being relativeII C..") thereto: thence North b9°2 '12" Last, along the North line of the;:W!, of said Section 22, 139 . 60 feet; thence South J0°34 ' 48' Last, 33 .40 feet tc the True Point of Beginning, said point being on the South right of way line of State highway 392; thence North 89°35 ' 12 " Last, along the South right of way line of said Highway 392, 440 . 37 feet; thence South 00°15 '04" Last, 250 . 8_8 feet; thence South 89°35 ' 12" West, D41 .40 feet to a point on the East right of way line of State Highway 257; thence along the Last right of way line of said State liighway 257 _by the following two courses and .iistances: North 00°_70 '00" Last, 150 . 58 feet, North 44°41 ' 16" Last I 142 . 10 feet to the true point of beginning. Said tract of land contains 3.00 acres . LACLP1INS AND RLSLRVI:.C unto the Grantors an easement over and across the Last 30 feet of the above described tract for driveway purposes and for the installation and maintenance of drainage facilities and utilities . - -with all its appurtenances, and warrant(e)r the title to the same, subject to 197-3 taxes payable in 1974 , existing zoning and use regulations, inclusion I, within boundaries of any special improvement district, the Northern Colorado Water Conservancy District, and Subdistrict, exceptions , anvSe,r reservations, not conditions , �7 doea-sementsa covenants and instruymentsf record record11or I. established on the prerliees, oil and gas by ease of record. i - Signed this 31st day of July- , 19 73 . e Ceo=ge Go cie T "' c OrviYte;:ii ..//1;e: a ' STATE_OF COLORADO, In. County of Weld The foregoing instrument-was acknowledged before me this r!, day oft e..ej7di1c?trac , 19 73 , by GEORGE GOODLLL AND rOPVI LLL GOOD3'LL.1.rittriltffsexpiree• .t , ,, . iz 1 _,./ /9 7!- i tnd and official seal• . ' Q� fe;•n' Notary Public. IltatuttM nid cfrnoto u tapacljy or act,attorney-In-factby n natural-person or Demons here 'mart name or names; If by person fitting in repronenlnllve or lion s If by a IV r of co then Insert Dame of person ,u anculur attorney-In•facl or other capacity or deecrip- P"atlon naiWra IL Rn'ra Ilan then Insertnoun of such officer or ufflrrn u the president or other officers of such rot No h9:. Marreal, bid--Vh.a I,, Me,. oast-1].1d1.n. I' ] It..,Jf,.,,l I',d.nd,,na t'... U.'4 1, St,, .Sb..9. UD.er. I',Ln•du v ti. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET NAME BAILING ADDRESS Ruth Winder _ P. O. Sox 370 Windsor, Colo. 80_550 Darpo Construction 1200 Carousel Dr. Windsor, Colo. 30550 _ George Goodell P. O. Box 427 Eaton, Colo. 80615 Town of Windy;or, P. 0. Box 627 Windsor, Colo. 80550 • NOTICE OF PUBLIC HEARING L The Weld County Planning Affidavit of Publication Commission will conduct a public hearing on May 1,1979 at 1:30 p.m. to review a request for approval of a change of zone from "A" STATE OF COLORADO, Agricultural Zone District to "C" ss. Commercial Zone District from County of Weld, , Phillip W.Kennedy on a parcel of i land described as Pt. NEN, Sec. 22,T6N,R67 W of the 6th p.m.,Weld ( of County, Colorado containing 300 I. y""41_ — '� --�-- acres more or less. said County of Weld, b mg duly sworn. say that This public hearing to be held by I am publisher of the Weld County Planning Com- �.<, c -rt ,- -`--t--Cc S.C./-u_.C d_ mission for the consideration of the above referenced request will be -..a �-_41':1 Ct- `'—` "-'- conducted in the Weld County that the some is a weekly wspaper of general Commissioners'Hearing Room, circulation and printed and published in the First Floor, Weld County Centen- nial Center, 915 10th Street, town of ..C7_A,__z GSe.-.-7,.C_ -_el'i Greeley, Colorado. Comments or in said county and stale; that the f,otice or adver- 'objections related to the above request should be submitted in tisement, of which the annexed is a true copy, writing to the Weld County has been published in said weekly newspaper Department of Planning Services, 915 10th Street,Greeley,Colorado. for cacr .- consecutive Comments or objections related to weeks: that the notice was published in the the above request should be submitted in writing to the Veld regular and entire issue of every number of said County Department of Planning newspaper during the period and time of publi- Services,915 10th Street, Greeley, cation of said notice and in the newspaper Colorado 80631, before the'above date orpresented at the public proper and not in a supplement thereof; That the hearing on May 1, 1979. - first publication of said notice was contained in the issue of said newspaper bearing date, the Copies of the application are 5 available for public inspection in day of _I c& .:.�,L-_-_, A.D., 1979, the Department of Planning Ser- ond the last publication thereof, in the issue of vices, Room 310, Weld County said newspaper bearing date, the day of Centennial Center,915 10th Street, Greeley,Colorado (356-4000 exten- 19 • that the said sion 404;. _ L,---eC.--X t-t"_tic-L ct — Chuck_Carlson,Chairman f ' Weld Count Planning..`--2'1', -dr i P,- _._ -L<_s Y gCommission • hasigeen published cantina sly and uninterrupt. Published in the Platteville edly during the period of at least fifty-two con- Herald and LaSalle Leader,Thurs- secutive weeks next prior to the first issue thereof day, April 5, 1979: Planning Commission containing said notice or advertisement above I _ referred to; and that said newspaper was at the time of each of the publications of said notice, duly qualified far that purpose within the mean- ing of an act, entitled, "An Act Concerning_Legal Notices, Advertisements and Publications, and the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act," approved April 7, 1921, and all amendments thereof, and particu- larly as amended by an act approved, March 30, \ 1923, and an act approved May 18, 31. Pu er Subscribed and sworn to before me this _.9 G.. day of .._._ �� A.D.,-119919_ I��R .Aagl, My commission expires .57,2 1j 21 Notary Public ' f _.�II -_ REFERRAL, LIST APPLICANT Phillip W. Ken_uedy CASE # 310-78:14 REFERRALS SENT OUT ON: August 22, 1978 REFERRALS RECEIVED AUG 3 0 1973 County Attorney SEP 2 2 1978 County Health 0CT 3 1978 • County Engineer Jerry Kiefer 2120 Fairway Lane Greeley, Colorado 80631 Soil Conservation Service 4302 West 9th Street Road SEP 121978 e Greeley, Colorado 30631 SEP 1 1x78 Colorado Geological Survey c/o Dave Shelton 1313 Sherman Street #703 Denver, Colorado 80203 SEP 1978 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Windsor-Severance Fire District SEP c/o Ernest Tigges 8 1978 Route 2, Box 285 A Greeley, Colorado 80631 Tow of Windsor Planning Commission c/o Kenneth Henschke SEP.121978 Bpx 627 Windsor, Colorado 80550 � j. �.`` �< /, Lin 1 t 4i 2 / . " P. O. BOX 621 WINDSOR, COLORADO 80550 • February 2, 1979 Weld County Department of Planning Services Mr. Chuck Cunliffe Assistant Zoning Administrator 915 Tenth Street Greeley, Colorado 80631 Dear Chuck: The Windsor Planning Commission recommends approval of Mr. Phillip Kennedy ' s request for rezoning of his pro- perty at the intersection of State Highways 257 and 392 . Even though the Windsor Planning Commission recommends approval of this request they are very concerned about the development of this property . As you know, this property is located on one of the major intersections in the Windsor area. This intersection serves as the town entry for traffic from the south and east and thus it is very impor- tant for our community image. The Town of Windsor has a strong desire to assure that all town entryways illustrate "the well-kept rural character" of the town. -The Town of Windsor hopes that you will share our concern for the development of this area. Close communica- tion and cooperation between the county, town and developer will make this project one that we all can be proud of . Thank you for the opportunity to review this request . Sincerely, I` TOWN OF WINDSOR Ruth Fidino Town Planner RF/jc �_0,1g3031 t.? h FEB sP 47 vet- s FIELD CHECK FILING NUMBER: Z--310 DATE OF INSPECTION: 11/28/78 NAME: Phillip Kennedy REQUEST: Change of Zone "A" to "C" LEGAL DESCRIPTION: Pt . NW* Section 22 , T6N, R67W LAND USE : N Agricultural E Agricultural Industrial W Town of Windsor Cemetery ZONING: N Agricultural LOCATION: Southeast corner of the E Agricultural intersection of Colorado Highway s Agricultural & Industrial 392 and 257 w Town of Windsor COMMENTS: There are currently no improvements located on the property. Property appears to have site drainage and grading done. Colorado Highway 392 is located on the north side of this property and Colorado Highway 257 is located on the west side of -the property. There appears to -be no existing access to the property. BY: eikA•004* r nn imoR AnDuf,ii To Planning Commission Date October 3, 1378 COLORADO From Gill-nark E. Olson, Subdivision/Utility administrator sub)„,,-Phillip W. Kennedy - C.O.Z. No county Enginccring problems anticipated by this request. Drainage and access problems should be referred to the State -Highway Department and/or the Town of Windsor. 1 1 £. Olson - Suhdivision/Utility Administrator GEO:,ar c3 "��3 r� > 0CT 1978 RECEIVED rl N N Weld County a�;, Planning Commission --") ���`t?0261.81. l � WINDSOR-SEVERANCE FIRE'PR0T£CTI0N DISTRICT WV‘Ipip0R,optaTIAD0 Sept 15 , 1978 Dept of Ilanning Services Wel-d County Centennial Center 915 10th St. Greeley, Colo. 80631 Gary Z. Fortner Director of planning Dear Sir, The Windsor Severance Fire Trotection District Studied the application of Phillip W. Kennedy and have no objection to the proposed construction and believe the plan would be an asset to the -community. Sincerely, Ernest W. Tigges cam- -CFS • Chairman of fith-e -Board `611 14Q ' , 73) Ck SEP 19}B � REC-FIVE D Weld County tvif Cncp Planning Commission -7P zvW _J � . � W`^3fn.,, , N\ Li . ij tirf.:10: . ..,5,0j- .---sc,riai 1,47013 ,p_154494 i % P. O. Box 86 • Greeley, Colorado 80631 •'. September 11 , 1978 wvy Mr. Gary Z. -Fortner, Director Weld County Planning Commission Weld County Centennial tenter 915 10th Street Greeley, Colorado 80631 The following are review comments requested -by you for a change of zoning from Agricultural to Commercial, submitted by Phillip W. Kennedy for location in a portion of the NA of Section 22, Twp. 6N, Range 67W, Weld County, Colorado. The site is located on two soil types. These are Kim loam, 1 to 3 percent slopes and Otero sandy loam, 5 to 9 -percent slopes. 85 percent of the pro- posed development is located on the Kim loam soil. The remaining 15 percent is on the Otero sandy loam. Kim loam, 1 to 3 percent slopes, is considered to he Prime Farmland. The soil surface does exhibit low strength for weight support, therefore, on site soil engineering investigations should he made to determine proper design for build- ings and parking lot. The Otero sandy loam sail exhibits very few deficiencies for commercial develop- ment except for the slope, which may cause more extensive site preparation. We have enclosed a map -showing the portion of prime farmland in the area of the request. You may wish to use this _for or your determination. Neither a surface drainage plan nor an erosion control plan were submitted for evaluation with -this request. There are no major drainages near this site. i-he location is near the top of a hill and the highway system _provides excellent sur- face drainage control. Therefore, a detailed surface drainage plan may not be required. Erosion control should be based on providing safe erosion free water- ways to the highway system and reveget-ation or graveling, _paving of disturbed areas to prevent wind erosion and fugitive dust pollution. Sincerely, C • ��,LL--.. -.r 9 9101712 {iiv s72 PraA• -ya4cl,4„ cps ��''i Milto erConservation District N Re Sep �9j8 -- West Greeley Soil MB/3b cry gangN i r corn_ 4)�1�92�Zti rider 777 = tz �f7 . 7c 6 -_ 7 Y//r7/ 7. 2- -t- ( yfk i ` p e , -\i ' r 34.� , S. 1 �a Fy : S •,t��a-0• r F ; � ; jj ✓ ' Y 6 t31 7 t } . �: '_ ... . — - - r R6 ” :,-._ "z , te , ,.r .'n e rs-eco la �y [ . _ 44" r p i ] } I . - a 'fl\ .. K.;'A e �,L .r.. • 4. ;/�"� r " 4«-r:�l t �j.T .4 iia w ! ` , 344 ski -�� '.j 1 ' z e^e j ea 1 13 -Ti '>- lite-. i 1 . ''p � �r.� �z �'y t' 5 z, .e S. T - ` �y T,. ' T 1 e '� 4 i 5{ 14t 6� �j u� Rs P e :tio L Y{E� r1•`" .. �. r Itws t'^ r iri 2Tj3 ei:e ,_, �.-- . {.+r.tq-� M1 '"1. -�� .•,�7 Z'�syv� Y.r�y4. fj ar-e 'f S t j, Y - . t„._, - "a'tY t a Ez� s ti� s • ti '{' -4.4.14._34 li t F t4 �y I -4.-,--,--db.>, •w• ; P� c- .,-�1...tot:. �lY� .'A S[.tL T ♦ r 1 ,. ��'�.,�.•' .L. .- - i1 :Ke ,�A1/4.tfc: t f i .. •s *-,...re. .P t.1?--.s• '"'PI ..-- fia fie. I F,' 'j .I '.sew F.s -. .s - " 'P� .......aF,i .. ..'5"re,t'«".ri �,.,r...s "°e'a".? 1 t." p- tq L ii, 1,... •:rc rw.--- '9 SS ylt- �}• "'t.-:. ,D i .....;.4::-4A71 .4-t:•"'r -� -4.„4,s`.. 0, .5 d tee I , y i ` fs 4� {. 7 Y 1.� ,�f.• 1. • \:• 4 V ~`f t �- , •t.` T ;.3t+1 'T -ti 5 -zP' 'r K r ,I.-. 1 it_••_. ,, .a,Ec^ 1/241'. ' - 4t E- . .et •II YB 8DD 61 I � wx T6N� .a. 4 4•fi I 2]0'A • 1 i•, i Sc 9 1 11:• 4 4 — Ntl i } { ` .� t( I w f. I . I i , 1' 2S D.61 t I. } i 4 j S- •if it i 1 ttl�i) 'fog f p r` f,A,t.,rJ 1i F 1Pa MD's X55 �W x e ' 1 : 'r •' _ its y . f ;#� -Ar •o VUllf -NWfT.. rY,' . /./ ' 1 �(Y l 1fY -,1",rY `S f,g.}i '. .. I 2 L�.� {{��f .f 1 # ZJ A 1, 9 Msf Y<fI �, r,. -N40 -. ,', . v'fir v 1 •t J_ f L e+E 443 _. '.. r I Rl' , I 4 i . rN 4 °,y.[ `IKj a'F'i I,n i.. gyp. I /of Co o �.IQ•RICHARD D. LAMM *K1 -%‘/,9* JOHN W. ROW GOVERNOR 11444; # Director 1826 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING — 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE 1303) 839-2611 September 7, 1978 Mr. Chuck Cunliffe Department of Planning Services Weld County Centennial Center 915 10th Street Greeley, CO 80631 Dear Mr. Cunliffe: R1=: KENNEDY REZONING APPLICATION, WELD COUNTY We have reviewed the rezoning application submitted by Mr. P. W. Kennedy for property near Windsor. Geologic conditions generally are suitable for the proposed rezoning _and development. We suggest that a soil foundation investigation and a drainage study be -conducted prior to construction so that the faciliti-es can be -adequately desiined. We have no objection to the approval of this application. Sincere Walter R. u e Engineering Geologist WRJ/vt cc: Land Use Commission "-N.\111(fT SEP 1978 I" RECEIVED 1c Weld Counly Planing Commissla c, GEOLOGY ��a2-6Th?N„.„/_-02;0-,'// STORY STORY OF THE-PAST . . . KEY TO THE FUTURE STATE DEPARTMENT OF HIGHWAySweId County SH 392 JACK KINSTLINGER AZ'N. EXECUTIVE DIRECTOR Kennedy Zone war Change DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE Y �! DWIGHT M. BOWER CHIEF ENGINEER v,N*' DISTRICT ENGINEER STATE OF COLORADO SE Corner of P.O. BO% 850-1420 - 2ND ST. • GREELEY, COLORADO 80631 • (303) 353-1232 SH 392 & 257 August 31 , 1978 DOH FILE 45100 Mr. Chuck Cunliffe Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the Philip W. Kennedy application for a change of zone from Agricultural to Commercial , and we ask for your consideration of the follow- ing comments. 1 . The Weld County Comprehensive Plan, on pages 50 and 61 , addresses the location of new commercial development. Basically, the Plan cautions against the location of commercial enterprises along major highways or in areas of potential traffic conflicts. The intersection of two State Highways, one of which is a comparatively high- speed, four-lane facility, would not seem to be a wise location for commercial activity. If these highways were to be expanded due to increased traffic demands, the conflicts between through-traffic and business-related turning movements would be compounded. 2. In order to plan for projected traffic increases along these highways, a total of 150 feet of right of way should be provided, 75 feet each side of center- line. We ask that the existing 40-foot right of way along the east side of S.H. 257 be expanded to meet this 75-foot need. This could be done by reserva- tion, setback, or dedication (preferably the latter) as local zoning laws and regulations permit. 3. The proposed driveways onto these highways should incorporate certain improve- ments. The proposed driveway on S.H. 257 should be moved to the south edge of the property line to provide a better separation between the driveway and the intersection and less conflict with the north-to-west left-turn slot on S.H. 257. This would also permit the joins location of driveways at this location should the property to the south develop. The property frontage along both of these highways should be improved to maintain consistency with the roadway section which exists to the west of 4k l p 5 6 / 8 0� Weld d County 7� �- �lj SH 39-2 SEP 1D78 Kennedy Zone o Change cn RECEIVED P Weldtunh ' DOH FILE 45100 %zhnin4 Con�issla� a MR. CHUCK C1978 E '�c- s, AnPage us 31 ,o 1978 9�se�ZFlCCIZ�t�`�� this site. On S.H. 392, we feel that curb and gutter should be provided at the edge -of the existing -asphalt and extended to allow for a total 36- foot driving lane width from centerline across the entire length of the property. Then, a 170-foot taper should be built to meet the existing paved shoulder to the east. On S.H. 257, the pavement should be widened an additional 12 feet and curb and gutter constructed along the entire property frontage. The "three-centered" curve which exists at the southeast corner -of this intersection should be moved to align with the S.H. 392 curb anti gutter. A painted island in the gore where the existing stop sign stands would then be needed to define the right-turn movement. A 200-foot taper to the existing paved shoulder to the south would allow for the deceleration movement into -the S.H. 257 access. The above-recommended highway improvements are the financi-al responsibility of the developer. If this zone-change application is approved, we will provide specifications for their construction. Any driveway construction work or lane additions to a State Highway requires a Driveway Permit. After final approval of a -development plan, application for this permit should be made to Mr. David N. Fraser, District IV Maintenance Superintendent, P. 0. Box 85D, Greeley, Colorado 80632. Three copies of the approved site plan showing details of construction should be included with the application. 4. The environmental factors of drainage and noise impacts should also be taken into consideration. Our highway construction plans for S.H. 257 show a 24" x 72" reinforced concrete pipe crossing that highway approximately 75 feet south of the center of the intersection. The developer is responsible for providing the necessary on-site detention and drop inlets which will be needed to allow storm runoff to be carried from this site to this pipe and ultimately to the north across S.H. 392. The showroom offices and parts and body shop are all within 100 feet of the center of S.H. 392. A minimum setback of 100 feet from the highway center— line should be maintained to provide adequate noise protection for commercial structures, unless other abatement measures are provided. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER AC: da DISTRICT ENGINEER cc: D. M. Bower �;� Fraser-Yost Cfa-- • l' File: Crier-Jacobson via Albert Cho vacs Rames-Finch-Graham w/encl . Assistant District Engineer 4, Phillip W. Kennedy � COZ-310 : 78 : 14 SURROUNDING PROPERTY OWNERS August 24 , 1978 Heirs of Jacob Windor, Jr. P.O. Box 368 Windsor, Colo. 80550 Ruth Windor and Erna W. Butler 33044 Weld Co. Rd. 19 Windsor, Colo. 80550 George and Orville Goodell P.O. Box 427 Eaton, Colo. 80615 Town of Windsor 116 5th St . Windsor, Colo. 80550 Kerns Reservoir and Ditch Co. c/o J. R. Clark P.O. Box 98 Windsor, Colo . 80550 N .Vi�i, , o COLORADO STATE DEPARTMENT OF HIGHWAYS * \F. `zitk* + ` �w * DIVISION OF HIGHWAYS Weld County * 7826 ' SH 392 April 23, 1979 Kennedy Zone Chang SE Corner -of SH 392 & 2-57 DOH FILE 45100 Mr. Chuck Cunliffe Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: In response to your request of April 19, 1979, the following are some of the reasons behind our recommendations on the Philip W. Kennedy Zone Change request. Under item 3. of our August 31 , 1978 letter to you, we indicated that we felt the property frontage along S.H. 257 and S.H. 392 should be improved with curb and gutter and additional asphalt. The curb and gutter would serve to define the points of access to the site as well as maintain continuity with the Town of Windsor's turb and gutter system. The placement of this curb and gutter at the outer edge of the additional 12-foot lane anticipates what we foresee as the ultimate development of S.H. 392 and S.H. 257. The additional lane along the property frontage is meant to provide for safer turning movements at this intersection. We recommend such improvements in most instances where new development will create an impact on State Highways. State Highway 392, in particular, is a major arterial , and we feel that the additional lane is needed to separate through traffic from right turning vehicles. Let us know if you have any further questions. Very truly yours, DWIGHT M. BOWER �2c3,5;''• ;o ^ DISTRICT ENGINEER r• P�G�`sie ts (..a____4_ c7- t%^`°` cb�' Albert Chotvacs S7� LIG``\��° Assistant District Engineer AC: da cc: D. M. Bower D. N. 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ATS NAME OF SUBDIVISION _____ -----_..__. Weld County NAME OF SUBDIVIDER _ - - A tract of-land located in the Northwest Quarter (NW4)Tof Section 22, LOCATION OF SUBDIVISION Township 6 North, Range 67 West of the 6th P.M. Weld County, Colorado. DATE: OF RE(ORUt Nf, DEC 2 7 1979 Boor 891 RECEPTION # 1812882 MARY ANN FEUERSTEIN WELD CO NTY CLERK AND/�RRECORDER BY: //' ' C *./1711;17) DEPUTY COUNTY CLERK 6 RFCORDIR ,,. ./ Hello