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Home My WebLink About770024.tiff RESOLUTION RE: GRANT OF CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO c_ E—ESTATE DISTRICT FOR PETERSON/ALEXANDER. 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 November 2, 1977, in the Chambers of the Board of County Commissioners of Weld County, 0 Colorado, at 2 : 00 o ' clock p.m. , for the purpose of hearing the petition of Peterson/Alexander, 1520 E. Mulberry, Fort Collins, rn Colorado 80521, requesting a change of zone from A-Agricultural i=J District to E-Estate District, for Part of the Southwest Quarter (SWa) of Section 16, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the Southwest Corner (SW Cor) of said Section 16, o, t and considering the West line of said SWa of Section 16 as rn �2 bearing North 00°05'30" West, with all other bearings contained 9 • V4 herein relative thereto; a' t Thence North 00°05'30" West, along said West line, 220.31 feet e to the True Point of Beginning; r ` Thence North 89°54'30" East, 26.98 feet; of a Thence South 31°35'45" East, 141.30 feet; . Thence North 90°00'00" East, 337.30 feet; Thence North 00°00'00" East, 443.62 feet; z. Thence North 90°00'00" East, 140.00 feet; o o Thence North 00°05'30" West, 1468.43 feet; Thence South 89°54'30" West, 578.83 feet; Thence South 00°05'30" East, 1790.81 feet to the True Point of o 3 Beginning vi CO th O 1 Said described parcel of land contains 23.795 acres, more or less, i CD t_ including strip of ground 30 feet in width along the West line of ri 5 said described parcel reserved for County Road ROW purposes and is N subject to any rights-of-way or other easements as recorded by CC 9 z ,° instruments ments of record or as now existing on said described parcel of land. Ce c � WHEREAS, the petitioners were present, and O WHEREAS, there was no opposition to the request of the petitioners for a change of zone upon the aforementioned tract of land, 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 all the testimony and statements of those present, has studied the re- .- 770024 4�I� 6ato1 dr ig to 885 rl 1806889 z , .2. quest of the petitioners and the recommendations of the Weld County Planning Commission, and having been fully informed and satisfied that the request for rezoning complies with the Weld County Comprehensive 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 Peterson/Alexander for a change of zone from A-Agricultural to E-Estate District on the above described tract of land, be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated September 20, 1977, be, and hereby are, incorporated as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of November, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO D O .._ -a...e ACW_.i.c, 0 r f_. 1 ATTEST: G cA - ti '' arr ^,, i W County Clerk and Recorder d lerk to the d B C ,Jr)-- Deputy County Clerk P RRDJ - - VED AS TO FORM: \\_ County Attorney -2- Date Presented: November 7, 1977 'NO November 2, 1977 I hereby certify that pursuant to a notice dated September 26 , 1977, duly published September 28 , 1977 and October 19, 1977 in the Greeley Journal, a public hearing was held on the request of Peterson/Alexander for a Change of Zone from A-Agricultural to E-Estate District. Mr. Harlan Stienjes, representing the applicants, presented the request. Mr. Peterston and Mr. Alexander were both present at the hearing and answered questions. Arthur Roy, Legal Counsel for Mr. and Mrs . Joseph Hastings, expressed that his clients were not against the change of zone but did list their concerns for the development. There was no one in the audience in opposition to the change of zone. After all testimony was heard, Commissioner Dunbar made a motion to grant the change of zone from agricultural to estate district. Commissioner Jacobucci seconded the motion and it carried unanimously. All five Commissioners were in attendance at the hearing. iAIRMAN (((((( OARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -/- tff+ r,J ATTEST: U r COUNTY CLERK AND RECORDER /AN CLERK TO THE BPARD �B \ O--/ Deputy County Clerk Tape #77-136 Docket #77-32 / /// V El NI 11 911_ill11l . . . nitlll. ir,„tilt, : PETERSON/��XANDER ._ •�-... ��•�-��- __ _.. ..�..- "I I► e : 2:00 PM Po C k r..!t 'r-.' Da):t l:f? : 77-32 _ November 2, 1977 RI.rli•It'�t • • N/VIr7 AnrMESS /CI i ,jr) AN _____\__C__Ae-i /`2 -----' ., V-A:11---- i 2 Zel:141./.el /;tz.-A174-av� /�' 3 tyre C'_d S s C .43-flo..._...€ e). -2...c.._'„../ c,...,..,42 . //A L liAtli 0, Ili „,„.1 10 1 i 1 1 fil )1,..,,,,,,____ u4 ee) I 6_ 2) R.1,.44-<. • 1). .- 1 sr CpPP ar.r 1_ • • .C1 T•l C[.�ti C .Q S�.Y /l.talc �� NOTICE.gg State of Pursuant o°ado an zoning Wefd'Cou laws i-nf nhe ty Land Use a public hearing will be held In the Chambers of the Board of County Cgmmissfooers of Weld Coun- ty,Colorado Weld County Centennial ' Center, 915 10th• Street, Greeley Colorado, at the time epee/glad. 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 exam- - --' fined in the Office of the Clerk to the--- • focated in the County ty Commissioners, Center, 915 10th Street, Third Floor, . Greeley,Colorado. Docket No.77-32 Peterson/Alexander 1520 E. Mulberry • Fort Collins, Colorado 80521 Date:November 2, 1977 Time:2:00 P.M. • Request: Change of Zone from -- — — A-A rlcultural to E-Estate District — LEGAL DESCRIPTION: •- Part of the Southwest Quarter (SWV%) of Section 16 Township 5 North,Range 66 West of the 6th P.M., Weld County, Colorado, being more icularly described as follows: • inning at the Southwest Corner—' (S COR) of said Section 16, and considering the West line of said SW1 gf Section 18 as bearing North 00°05'30" West, with all other bear- • ings contained herein relative thereto; Thence North 00.05'30" West, along said West line,220.31 feet to the True Point of Beginning,_ Thence North 89'54'30" East 2698 feet; Thence Thenceuth 3Norrth 90°0O'00"East, East, 337.30 feet; Thence North 00°00'00' East --- 443.62 feet; Thence North 93'00'00" ' East 140.00 feet• Thence North • 00°O'30" West, 1488.43 feet; Thence South 89°54'30" West 78.83 feet; Thence South 00°05'30' East, 1790.81 • feet to the True Point of Beginning. t._.._ Said described parcel of-land con- tains 23.795 acres, more or less, Includwidth g strip of ground 30 feet In width along the West line of said --- described parcel reserved for County Road ROW purposes and is subject to —_ any rights-of-way or other easements as recorded by Instruments of record or as • now existing on said described parcel of land. ------ __ ?— —_ THEBOARDOFCOUNTYCOMMIS- SIONERS -- WELD COUNTY COLD DO - BY:MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER ' AND CLERK TO THE BOARD • BY:Rita Jo Kummer,Deputy ---— -- — v` —-- DATED:September 26, 1977 Published: pt. 28 and Oct. 19,1977 - • Published in The Greeley Journal • I Ii.I. T 71111_ .._. . _ .-1111-1I1t• If U t 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. 77-32 Peterson/Alexander 1520 E. Mulberry Fort Collins, Colorado 80521 Date: November 2, 1977 Time: 2:00 P.M. Request: Change of Zone from A-Agricultural to E-Estate ilistrict _LOCATION: Approximately one and one-half miles West of Greeley, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer, Deputy DATED: September 26, 1977 I ISM 1111 I ,„, ii i , ,, i Ili . ,I:II y, „,,,- I i , ,,HTH ., I ,,,,., ,,,, Sep ccmbor 2ft, 197 I '1 Du h]_ 1. :Thor : P Lcor,r insorI t H: ranl: lu:od tic ice i n yu,nr I oho I-T' l'm October 24, 1977 ono L i.fnr only . Rricl,i rri i 'p ; I n,innir , clnrl, I cl r fine ( nr oroH ‘,r;uc;:cn- Ind 1r,r,,;nrd il- Lc, In', . ;:lie,,, r,CLurni „ i Llir, voucher, p '1. . u;L• Inc luck an ;If. t irldv i_ 1. of polt1 ichC ion oh , crn :plcto our Ci.ion . Tian}: you for your cooper-a Li on . Si.noorcly , DOCKET #77-32 VIII; PP/J.1) Or '- 1-H i"r' • 2 AMISS I U I;;i: l.Jia,!) CUiIN'f'Y , Cul,(il'.;°ti)n PT : ?:in —'.; Anal VE",Inrs::f_r+ In CuinIil ClcrH. ,,:III 'r'n LiHr and Ciuric to the L,adu-d I hi / �/rJ �. �- �' l: 'l�'C-_ Do ytt,t,,t Coon I. , r 1 c P. , _ lnr _ 111E: EI fifj Affidavit of Publication is 44,0 1 r.n.' , ka STATE OF COLORADO, lie. st :.`° yl tom],. -County of Weld, J( Richard K. Larson xw 4 „ qN of said County of Weld, being duly sworn, say that I am the (publisher) (editor) (advertis- re, lug manager) of st,tar+ ;v- ,�+y„o„14 14 '•, THE GREELEY DAILY TRIBUNE, and {rF m^&+S THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the z aManllXljl city of Greeley in said county and state; that '; .4a;aallht)p, N � the notice or advertisement of which the an- '4 is a true copy, has been published in � entSIM Of said daily newspaper for one day; that the notice was published In the regular and tMs�MW AYJ(!h entire issue of said newspaper, and in the IOU' Ofa newspaper proper and not in a supplement v ° 'ffdt , thereof; that the publication of said notice was contained In the issue of said newspaper bearing date t�t '",,•I'''',, 25thiay of October A.D. 19 77 'af`a1f#s.A. that said The Greeley Daily Tribune and `'MS,iaM The Greeley Republican, has been published continuously and uninterruptedly during the period of at least six months next Yin* notice to the issue thereof containing said notice or advertisement above referred to; H,iMI that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 8. ft. *MY 1879, or any amendments thereof, and that W{SC:M/t K,BD' said newspaper is a daily newspaper duly tin ONO*Y7NI TY16au qualified for publishing legal notices and Patter H,Hp advertisements within the meaning of the laws of the State of Colorado. (Publisher) (Editor) (Advertising Mgr.) Subscribed and sworn to before me this �5 day of October A.D. 19 77 lily commission expires June 6, }.978 Notch Public. t -111 1 ,IIII[I[ tiI ,�l' Affidavit of Publication STATE OF COLORADO, 1 Its. County of Weld,` �, 1 i,5irke 1_ 67-7.1)...../';1 of said County of Weld, being duly sworn, say that I am one of the publishers of THE GREELEY JOURNAL that the same is a weekly newspaper of general cir- culation, published in the city of Greeley, in said a- ♦ "' '# et" county and slate, that the notice or advertisement, d f of which the annexed is a true copy, has been pub- 7/14-1-70 lished in said weekly newspaper for --eenseeerivr wee ks; that the notice was published in .d u. es. * I y the regular and entire issue of every number of said [[ newspaper during the period of time of publication of said notice, and in the newspaper proper and not in a supplement thereof;that the first publication of g4 said notice was contained in the/ y issue of said news- Y1..nl. �g area LT, ysry { to the paper bearin date the day of q{p I... 4 T er nr c /f�p7/[� Ciwt—A 77 Greeley, - a " _', �(4l' ,A.D. 19 and th act publication thereof in the issue of said Fort ,du tt9521 /914 Wt,: 0g}y newspaper bearing date the day of ETI. . • f d strict (-64), --7' L 197 7 that the said ._...0 South ;Quarter The Greeley Journal has been published continu- h) Of. 16 Township 5 ously and uninterruptedly during the period of at YWet al tM 6th P.M. least fifty-two consecutive weeks next prior to the Weld• - sine more first issue thereof containing said notice or adver- p�9a0rtp!l t t tisement above referred to; that said newspaper has (SW f BONhwnal Corner been admitted to the United States mails as second- salt Section M and �•+. Moline of said SY1P4 class matter under the p one of the Act of o e „ bearing f t North March 3, 1879, or any end ent thereof,and that wl h all et bear, said newspaper is a we ly n paper duly qualified inn +..j. l 'Native thereto; for publishing legal n ice nd advertisements with- nn44 e'+ le,_ W: along in the meaning of th I of the ate oratl Pbllnt —"al 'r to the True �T'�p�\ &V— South ,• r 'bB peal; Thence Wit""/ `. ' mad ne of the Publishers. aa�E°a°taal e�s North S ? So 95 t Tttefaneote North N South e h t 579 Subscribed and sworn o before me this Thence 60.0InTl'East totasr. 790 61 feet Sold .T Rpkd'°t.a1,ryi c ta1M, , Ippre li IBea, day of �'' A.D. 19 72 I " 1 Amend 99 heal In ,, / '5 width" :Wet:hills Of. said �/Qi1vL - y� �� ' only M commission expires i Roach oand ther is N BB y p now d or as loos!. � batAeroel°f a. <c-LG�- fffYYY TH OItNTYCO EIRa Notary Public. IT"; ANNA IN 0 DER RD 'Run°ATTPub,l y; o.d t 'K ,Deputy .7 9,7977 Published In Journal li ill r imi I fl NeTICE 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 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 Cleric to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 77-32 Peterson/Alexander 1520 E . Mulberry Fort Collins , Colorado 80521 Date: November 2 , 1977 Time: 2 : 00 P .M. Request: Change of Zone from A-Agricultural to E-Estate District LEGAL DESCRIPTION: Part of the Southwest Quarter (SW;) of Section 16 , Township 5 North Range 66 West of the 6th P .M. , Weld County, Colorado, being more particularly described as follows : Beginning at the Southwest Corner (SW COR) of said Section 16 , and considering the West line of said SWQ of Section 16 as bearing North 00° 05 ' 30" West, with all other bearings contained herein relative thereto; Thence North 00°05 ' 30" West, along said West line , 220 . 31 feet to the True Point of Beginning; Thence North 89° 54 ' 30" East, 26 . 98 feet; Thence South 31°35 ' 45" East, 141 . 30 feet; Thence North 90° 00 ' 00" East, 337 . 30 feet; Thence North 00°00 ' 00" East, 443 . 62 feet; Thence North 90°00 ' 00" East, 140 . 00 feet; Thence North 00° 05 ' 30" West, 1468 . 43 feet; Thence South 89°54 ' 30" West, 578 . 83 feet; Thence South 00°05 ' 30" East, 1790 . 81 feet to the True Point of Beginning Said described parcel of land contans 23 . 795 acres , more or less , including strip of ground 30 feet in width along the West line of said described parcel reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. y l 7 I C I THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer , Deputy DATED: September 26 , 1977 PUBLISHED: September 28, 1977 and October 19 , 1977 in the Greeley Journal _ II 1 - fi III ml it I 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. 77-32 Peterson/Alexander 1520 E . Mulberry Fort Collins, Colorado 80521 Date: November 2 , 1977 Time: 2 : 00 P.M. Request: Change of Zone from A-Agricultural to E-Estate District LEGAL DESCRIPTION: Part of the Southwest Quarter (SWa) of Section 16 , Township 5 North Range 66 West of the 6th P .M. , Weld County, Colorado, being more particularly described as follows : Beginning at the Southwest Corner (SW COR) of said Bection 16 , and considering the West line of said SWa of Section 16 as bearing North 00° 05 ' 30" West, with all other bearings contained herein relative thereto; Thence North 00°05' 30" West, along said West line, 220 .31 feet -to the True Point of Beginning; Thence North 89°54 ' 30" East, 26 . 98 feet; Thence South 31°35 ' 45" East, 141 . 30 feet; Thence North -90°00 ' 00" East, 337 . 30 feet; Thence North 00°00 ' 00" East, 443 . 62 feet; Thence North 90°00 ' 00" East, 140 . 00 feet; Thence North 00°05 ' 30" West, 1468 . 43 feet; 'Thence South 89°54 ' 30" West, 578 . 83 feet; 'Thence South 00°03 ' 30" East, 1790 . 81 feet to the True Point of Beginning. Said described parcel of land contans 23 .795 acres, more or less, including strip of ground 30 feet in width along the West line of said described parcel reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. H1Nl THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Rita Jo Kummer , Deputy DATED; September 26, 1977 PUBLISHED: September 28, 1977 and October 19, 1977 in the Greeley Journal nil I 1 vii CLERK TO THE BOARD CHECKLIST Hearing Title: Peterson/Alexander COZ A to E Receiv-ed from Planning Department September 21 , 1977 Hearing date approved September 22 , 1977 rjk Notice typed September 22 , 1977 rjk Notices sent to: Zogal advertising _ - Planning Department Health Department i -Bulletin board 9 Local newspaper Adjacent landowners) Packets made ci9 / /f Packets to Commissioners 22 1 IIA II DATE: Septemr 22, 1977 • TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearing s for the 2nd of November, 1977 -at 2:00 P.M. : Peterson/Alexander, Ft. Collins, Colorado COZ, A to -E Dennis Tilley, Strasburg, Colorado SUP, Hog Operation OFFICE OF TH CLERK TO T BOARD BY: V ta- eputy The above mentioned hearing;, date and hearing time may be scheduled on the agend-a as stated above. -BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BEFORE THE IVLD COUNTY, COLORADO PLANNING Cl ISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date September 20 1977 Case No. Z# 289:77:7 APPLICATION OF Peterson/Alexander ADDRESS 1520 E. Mulberry, Fort Collins. Colorado 80121 Moved by Percy Hiatt 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 E ( l state District) covering the following described property in Weld County, Colorado, to-wit: See attached be recommend (favorably) (t icialiW3i) to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the applicant has applied 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 Planning Commission that the applicant has demonstrated that changing conditions in the area now justify a new zoning classification. The adjacent land to the _northeast has been Motion seconded by: Irma White Vote: For Passage Percy Hiatt Against Passage Jerry Kiefer Frank Suckla 1-Iarry Ashley -Irma White Bette Kountz The Chairman declared the Resolution passed _and ordered thatacertified copy he for- warded with the fila -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 September 20, 1977 and recorded in Book No. V of the proceedings o,' the said Planning Commission. Dated the 21 day of September , 1977 • STATE OF COI LU) 1/4 �_ "A:\ COUNTY OF 'k I secretary �. Zu'1 I Filed with thr (ci-rk of the Go. A 1 of County Gown,ssonc rs SF, P 11277 j I D LEGAL I)liSCI'.Tp'1'TON / Part of the Sdubhwest Quarter S North , Range 66 West of the 6th P: Section M. , WeldCounty, Colorado , 5 being more particularly described as follows : Beginning at the 'Southwest Corner (SW colt) of said Section 16; k iH , and considering the West line of Said SW* of Section 16 , as bearing North 00°95 ' 30" West , with all other bearings, Contained : herein , relative thereto ; Thence' North 00°D5,' 30" West alon ' said West line, 220. 11 feet "'to .the True- Point of Beginning ; Thence North . 89054 ' 30", East 26. 98- feet ; /Jl'( Thence South 31°35' 45" East , 141 . 30 feet; v +: Thence North 90°00' 00" East , 337. 30 feet ; d . Thence North 00°00' 00" _ Thence North 90°00 ' 00" 'East , 140. 00. feet ;' Thence North 00°05 ' 30" West , 1468. 43`feet , , �U la�� C' ; j ,. ,/ Thence South 89°54 ' 30 ' West , 578. 83 feet ; " _Thence South 00°05' 30" East , 1790, 81 feet to. the True Point of Beginning,- ' Said described parcel of land contains 23. 793 acres , more or less , . l'!- ' ' including' strip of ground. 30 feet in width along the West lino "' of said described parcel reserved for County Road ROW purposes and .is subject to any rights-of-way or other easements as recorder] by instruments of record or as now existing on said .i described parcel of land . , 11)Peterson/Alexander Z-289:77: 7 P.C. RESOLUTION September 20, 1977 approved for similar type of development over the past few years, Additionally, the present zoning classification (Agricultural) is inappropriate due to its small size and proximity to residential areas. 2. The rezoning request agrees with the policies contained within the Weld County Comprehensive Plan in that the request for residential zoning (Estate District) is in compliance with the use designation for this area as outlined in the Greeley Comprehensive Plan. However, the City of Greeley Planning Commission was unable to formulate a recommendation on the request to the county (refer to letter and minutes of Greeley Planning Commission meeting in packets) . I II 1� 'A ` , REZONING APL.` A't"ICiT Weld County Planning Department Services Building, Greeley, Colo. -- ),OA PLANNING DEPARTM A T USE _ONLY: CASE NUMBER: _'C HEARING DATE: Ste: 1WP RANGE: CC HEARING DATE: LAND CODE: ,1.: S: 1/4: KEY: SUB/DIV CODE: SUB: BLK: LOT: KEY: REFER TO: kt;.:ZONING FEE: `-; i > , c) t) _�_ji 1) Date; API'. CHECKED BY: / 2) Date: REC. NO. : S/.(. 7 711//7 7 3) Pate: lEGAL DESC. APPROVAL ' TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDUN.AL GUIDE RF.QUIRME TS: Print or -type only, except for necessary signatures. • I (we), the undersigned, hereby r egue:,',.: a hearing hsfoa e the Weld County Planning _Commission concerning proposed rezoning of the following described unincorporated area -of -Weld County; LEGAL DESCRIPTION: Part of SW1 of Section 16, T. 5, N. , R. 66 W. , of the 6th P.M. • (If additional -space is re;; drod, •";.:...ch r:+ additional sheet of this same size) STI{EET LOCATION: 71st Avenue and 34 By-pass _ ?RESENT 7011E A P7L l'OSijI +.:??1 '�.� APP.HOY AREA: Z3,13,I3 arJ-Ps.. PUaPOSr.; Residential— IS ___ THIS AREA PLATTED: Y T T ?10�X� IF ri,A,C D, NAME OF PLAT: IS THIS AREA TO DE PLATTP.D: Yr:5 (x) NC ( ). IF ANSWER IS YES, HAS PLAT BELV SUBMITTED: YES (X) NO ( ). _'EE OWNaRS OF AREA PROPOSED FOR .fiyCw:Cn:G: NAME: Charles R. -Peterson _,.._... ?;DUPJ:SS: 1520 E: ,Mulber•Xy, Fr�CollinTF1: 484-9088 a-: NAME: Cilford E. & Mild��i�,1e can T _A 1t��.,?.S:253071st Ave: Gr-e 1,ey_ co TEL: 356_-9024 NAME: Sharon K. Alexander 1+"..'J.rESS: 253071st Ave. Gre ley_, Cn_m1.: 356-9024 I hereby depose and state toad-3r th,i par;,3."l t is:'3 of perjury that all statements, proposals and/or plans submitted with or ,.;'?:.;Fj.n d 1 ,,1;{a,, this application are true and correct to the best of my knowledge. C0Ui.TY OF - WELD STATE OF COLORADO :iR-ate ura s Owner or Authorized Agent Subscribed and Sworn to before m:� t,.�i^ 3 �h day of June , 19_ 77 . � 7 SEAL September 7, 1980 NOTARY ORLIC My commission expires: _._.... ..__ V -- - -lfr fl - -- rmnnMUrr; _ - III ►— AAQ �.A, 5: �reese C en5ineerin cq ENGINEERING CONSULTANTS ;;MAILING ADDRESS. BOX 913 JASPER "JAY" FREESE ;OFFICE: 2506 6TH AVENUE i , • REGISTERED PROFESSIONAL ENGINEER G REEL EY, COLO. 60631 REGISTERED LAND SURVEYOR ' •" PHONE 352.0100 Project No. 1977-98 , August 3, 1977 LEGAL DESCRIPTION Part of the Southwest Quarter (SW+) of Section 16 , Township 5 North , Range 66 West of the 6th P.M. , Weld County, Colorado , being more particularly described as follows : Beginning at the Southwest Corner (SW COR) of said Section 16 , and considering the West line of said SW4 of Section 16 , as bearing North 00°95 ' 30" West , with all other bearings contained herein relative thereto ; Thence North 00005' 30" West , along said West line, 220. 31 feet to the True Point of Beginning ; Thence North 89054 ' 30" East , 26. 98 feet ; Thence South 31°35' 45" East , 141 . 30 feet ; Thence North 90°00' 00" East , 337. 30 feet ; Thence North 00°00' 00" East , 443. 62 feet ; Thence North 90°00'00" East , 140.00 feet ; Thence North 00°05' 30" West , 1468.43 feet ; ; ' Thence South 89°54 ' 30" West , 578. 83 feet ; . ' - • Thence South 00°05 ' 30" East , 1790. 81 feet to the True Point of Beginning. Said described parcel of land contains 23. 795 acres , more or less , including strip of ground 30 feet in width along the West line of said described parcel reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I do hereby certify that I have pre red this legal de. iption . JA U FREESE TS; "r:' CO RA • P.E. & L. S . NO. 4392 ll' 9 t çi , A ;' sZ .: w i •;, r 'It .• r' \A I•I 1 '-11111-11 QUESTION 1. Is it impractical, impossible, or undesirable to develop the land according to its current zoning classification. ANSWER 1. Yes, the current zoning classification is agricultural. We are dealing with a parcel of approximately 20 acres which at some time prior to Mr. Peterson's aquisition of the land for development purposes was an agricultural use. We cannot say it is impossible to use it as an agricultural use, however, it is both impractical and undesirable to try to productively put this ground to an agri- cultural use due to its shall size and proximity to residential areas. Certainly, the property is not saleable as productive agricultural property unless a horse pasture which in this type of area is secondary to a residential use is a productive agri- cultural use. The proposed estate zoning classification would allow this combination residential and horse pasture useage. QUESTION 2. Would the proposed rezoning benefit the entire County by allowing a typical development which is needed and cannot locate in other parts of the County. ANSWER 2. The intent in establishing agricultural zoning in any area is to allow all agricultural and related uses in those areas in which agriculture is or should continue to be the predominant land use. Historically, this area has been designated as development land and due to County regulations instituted since commencing this development, it is now necessary to rezone to an estate classifi- cation. No encroachment or incompatible uses upon agricultural land will occur in this area as the land is not practically useable as an agricultural area. Orderly expansion of the urban growth in conformance with the Weld County Comprehensive Plan is served by the rezoning of this area. Since approximately 1968, the subject property and adjacent pro- perty have been under the process of redevelopment into residen- tial uses. The County's thinking on subdivisions has changed con- siderably over the period of time that this property has been under development but it is considered good planning to keep residential uses in one area. At the time the development was initiated, rezoning was not necessary and the subdivision was placed on property zoned agricultural. Residential uses presently exist to the north, south and east of this tract and rezoning this land to a residential use would make this use consistent with its surroundings which is beneficial. We cannot state that this development"cannot locate in other parts of the County" but it would seen it would be beneficial to the County { l -tiff ✓/ IFI I it f_ -2- to have the development in an area which is residential presently rather than moving it 'into an area which can be put to a productive agricultural use. QUESTION 3. Would the proposed rezoning benefit lands adjoining the area request- ing the change. ANSWER 3. Yes, the use would be consistent with surrounding uses and adjacent to the growth pattern of the City of Greeley. A public right-of-way would be provided through the middle of this property so as to connect with the street which has presently been stubbed in from the east in West Ridge Subdivision. QUESTION 4. What features apply to the property requesting rezoning which make it logical to rezone this tract and not to rezone in a similar manner surrounding properties which may have like land use characteristics. ANSWER 4. None. All of the property surrounding the requested area, except the land across the road to the west, is being used as a residential- estates use. The only reason they don't have an estate zoning is because they commenced their use prior to that being required. The property immediately to the north is being used as residential pro- perty, the several tracts of land to the southeast are part of Peterson's Subdivision, First Filing (and have similar uses to those proposed in this filing) and the land east is part of the West Ridge Subdivision which was also started prior to the present zoning and subdivision regulations but has been allowed to continue its develop- ment due to its having been commenced prior to present regulations. QUESTION 5. Why are other areas in the County already zoned according to the requested classification, unsuitable for the development which is proposed. ANSWER 5. To our understanding there are few other areas already zoned estate which will provide suitable single family dwellings as we are sug- gesting. Coupled with the lack of useability of this property for any gainful agricultural purpose and the residential character of the adjacent property, this land should be a high County priority for residential rezoning. ll MIFF -3- QUESTION 6. What proof or _evidence is available that the original rezoning is faulty or that clanging conditions in the area justify rezoning at this time. ANSWER 6. Both of these propositions are true. The original zoning was agri- cultural and allowed the development of this subdivision. The chang- ing conditions in the area caused by this historical development and the Weld County regulations which have been changed to now require rezoning. This was a subdivision started in approximately 1968 when rezoning from agricultural was not necessary. From that period for- ward, the area has become a residential-estates area which is a needed zone in Weld County QUESTION 7. Please submit Economic or other evidence that the area covered by the Petition, needs additional Commercial or Business in the area. (To be answered on changes requested for Business or Commercial. ) ANSWER 7. Not applicable. QUESTION 8. Give some evidence of the proposed business or commercial enterprises that are to locate An the requested area and a tentative time scheduled forconstructi_on. (To be answered on Changes requested for Business or Commercial). ANSWER 8. Not applicable. VD IlLfll Weld County Health _Department BOARD WERKING of DS Greeley FRANKLIN D YODER, MD, MPH DAVID e DDS. Greeley D rec Ior 1516 HOSPITAL ROAD RALPH SLI Greeley GREELEY, COLORADO-60631 WILLIAM RLICK, Rougen DORIS DEFFKE Greeley (303)353-0Sa0 DONALD HERGFRT Windsor ANNETTE M LOPEZ, Greeley HERSCHEL PHELPS JR M O Greeley KATHLEEN SHAUGHNESSY Aull JOE STOCKTON GJereei August 15, 1977 Mr. Gary Fortner, Director l+' ' ' Weld Co. Planning Commission 913-10th Streat Greelay, CO 80_631 �1 J‘, TO WHOM IT MAY CONCERN: Tn, K •v s , We recommend approval of Change of Zone, Agricultural to Estate, for Charles Peterson, 1520 E. Mulberry, Fort Collins , Colorado located in part of the SW- , -Section 16, Township 5 North, Range 66 West, Weld County Colorado. Sincerely, Glen E. Paul , Director Environmental Health -Services GEP:dr cc Charles P-eterson m� nU WiI'Dc, To Planning Commission August 12 , 1977 nate COLORADO From J -- Subject: Charlas -R. Petersen - Change of Zone When subject property is platted an extensive drainage study will have to be -made and proper drainage easements shown. >� "`/ecc-•- ,? C / e 1_ Gilman E. Olson nfn 1 ". w. -m. +3ss..Q., 1"F`, � a , het IL 1 , i ,. ,., ywr ^ '�= 1._. ^ ' . 1 Ataxe'„gr,-':-,;ret'z':*::'Lt"'r.t:""H:::).7-t:'ya:::;H ♦� �^ 1 VI 's � CI�• 'pn �� - M u Mr �?yF 1` 1,�N. I ��X'�-'IM4f¢ter�aa '—'—,,.-�.__ +1 7 r- fit fr. iii . I. , ~!, r�,� rk +.\ . i T" ,.. nt:ILi- 111 s/�wl` Y w � i��._' .:.. GRFEIEV CIVIC CENTER GHF L Lf Y ; ()LC`N/)L)f) 831, 11 "HONG ,303' 353-0123 September 15 , 1-977 Gar'' Fortner Weld County Planning 81 ; 10th Street Greeley, CO 80631 Dear Gary : The Greeley Planning Commission at its regular September 13 meeting reviewed the referral from your department known as the Peterson Rezoning. Tht Planning Commission discussed your item quite extensively and did not come to a conclusion . In order for you to have the benefit of the Commission ' s discussion 1 ant enclosing a copy of the minutes For your files . As indirat-£d, a motion to recommend denial Failed due to a tie vot-e and the motion to approve , subject to conditions , died for a lack of a second . Both sides of the argument seems to have strong points of consideration. T hope this will he helpful to the Weld Planning Commission as they make their decision. If you have questions , please contact me . Sincerely , / ,1';13 i ;.,', , �''S un Sasaki \ 4, 3 SS : e ; f > SEP 1977 o RECEIVED s '! l:nci Osure CC Wald Maly rcp Waaniat Comm min "A COMMUNITY OF PROGRESS" • • -RECD `O RD OF PROCEEDINGS Planning Commission Page 2 September 13, 1977 : building plans in the near future on the church property and the City would obtain right-of-way at that -point. Merlyn Mead, ,1 ' engineer, said that development of College Green First will begin in the R-2 area so building will not occur near the church property for some time. Commissioner Keirnes asked about street connection with -the Stevens' property. Mr. Sasaki said staff has requested two • street stubs so circulation can be tied into that property. He atsd-said that a way of getting out to 35th Avenue is being looked at and this involves several different land owners. Commissioner Dietz moved -that the Planning Commission recommend approval of -the preliminary plat and request the inclusion of the church property. The motion was seconded by Commissioner Ewald and carried unanimously. This action was taken pursuant to the Planning Commission's authorities under -Charter Section 19-3(d) . IV. ZONING: EISENMAN INDUSTRIAL PARK ANNEXATION PHASE TWO, I-2, MEDIUM INDUSTRIAL LOCATION: South side of East 16th Street, east of FirstAvenue I The zoning of The property, approximately 12 acres, will complete • Eisenman Industrial Park Annexation zoning. There was insufficient contiguity to annex the entire parcel at one time. The recommended zoning is I-2, medium industrial, which is the same zoning as Eisenman, Phase I. • Commissioner Cummins questionned the recommended downgrading of East 16th Street and the upgrading of East 18th Street . Sam Sasaki explained 18th Street is designated a collector street I and 16th Street an arterial. Staff feels that logically 18th Street -should be -the arterial street since it is a state highway and 16-th Street should terminate as an -arterial at the 85 Bypass. This is recommended since 16th Street ultimately is desinged to terminate at another north-south arterial east of town whereas 18th Street flows into the interchange being constructed for • -the 34 Bypass. Changes -to the classification of -these two .' streets will be made as part of the Comprehensive Plan update I which will also include industrial areas in southeast Greeley. Commissioner Keirnes moved that -the Planning Commission re-commend 1-2 zoni-ng for Eisenman Industrial Park Annexation Phase Two. The motion was seconded by Commissioner Clift and carried unanimously. This az tion was -taken pursuant to the Planning Commission's authorities under Charter Section 19-3(d) . V. ' REFERRAL FROM THE COUNTY: REZONINGATRICULTU RAL (A) TO • ESTATE (E) _ LOCATION: 71st Avenue and U.S. 34 Bypass frontage road The proposed rezoning is for a 23.8 acre parcel of land which would be divided into IS lots approximately 1 .3 acres in size. Mr. Sasaki noted several concerns of the staff: (1) the area is in the Comprehensive Plan's 2010 growth ring which calls for a 10-acre minimum lot size, (2) the extensive use of septic sanitation systems in an area that is known to have a high water table, and (3) coordination of circulation -planning in the southeast quadrant of S-ection 16. Harlan Stientjes, representing the developer, said this was, in essence, a second filing. In 1967-68 Mr. Peterson, developer, ....................... RECORD OF PROCEEDINGS Planning Commission Page 3 September 13, 1977 started the subdivision; there are five lots along the frontage road to 34 Bypass which were developed before the 10-acre I minimum lot size came into effect. There was a water transfer to the City at that time. He also mentioned a 1971 soils study by N.H.P.Q. that showed some high ground water. However, Mr. Stientjes said the proposed development is on slightly higher ground and, in addition, it is not known if the water • table is in the same place it was. in 1971. Mr. Stientjes said it was the conclusion of the engineer that either a septic system dr a evapotranspiration system would work in the area. Sam Sasaki explained the 2010 growth ring and the 10-acre minimum lot size requirement to the Commissioners. As the City grows it provides services; contiguous development assures adequate utility services. The 10-acre minimum lot size allows for future subdividing of the area as it becomes urbanized. Mr. Peterson said he had has no problems with the water table at the homes that have already been developed. The Commissioners discussed land use and asked if the problem is the water table or the fact that it does not fit into the Comprehensive Plan. Mr. Sasaki felt it was mainly the problem with the Comprehensive Plan. Commissioner Keirnes commented that he thought it was the best use of the land and felt this was a primary consideration. Commissioner Ewald commented that a Comp-rehensive Plan was approved for the City and felt the Commissioners have been fairly consistent in following it. He felt the Commission is in a position to show that it supports the Plan and its -guidelines. He moved that the Planning Commission recommend denial of the rezoning to the Weld County Planning Commission. The motion was seconded by Commissioner Dietz. Commissioner Clift commented that he feels the Commission is denying the developer the best use of the land and felt the Comprehensive Plan may need reviewing. Commissioner Modlin agreed and felt the main problem was the drainage situation. . • The motion was then voted on and failed by a vote of three in favor of denial (Ewald, Cummins, Dietz) and three opposed to denial (Keirnes, Clift, Modlin) . Commissioner Modlin made a new motion that the zoning be allowed as requested subject to correction of the drainage and sewage disposal situation. The motion died for lack of a second. The referral will be forwarded back to the County with no • recommendation from the City Planning Commission. Mr. Sasaki. indicated he will send a copy of the minutes on this item to the County. VI. REFERRAL FROM COUNTY: ZABKA SUBDIVISION 1 LOCATION: County Road 41 (1st Avenue) , north of B Street Mr. Sasaki explained that the property is presently zoned estate and the developers have the right to subdivide as it meets all County Subdivision Regulations. He also noted that County ' Road 41 is an arterial street. Common access to the three lots is suggested to minimize traffic friction. Commissioner Dietz suggested that it be recommended to the developer that the entire subdivision be -platted at this time. . Till 'Mr f • � f R. FIELD CHICK - FILING NUMBER c.:-,`/Io/-7-) REQUEST 1, -___111 . ` LEGAL DI SCR IPTION N../ S. + . '.1 c._/-••..{ l�. - .. cj.-- / �. LAND USE Pa ri r / E 1 , c • • W y, ;•, — • • TONIN_G N • • LOCATION A,r;' ,4 if _; E L' J .. ,. V\ { ),t S „ _f I i s . i j w N ir.1\01...• 1'(: ;5 COMMENTS : • K C c .,/7•Q • • L. .�' . r . /b - 6,Ay ) 5.3-14 3N B 55- 3 5?) - , ALL • • lint] II II Tl _lnli1 .1_ SHELTON AND KINKADE ATTORNEYS AT LAW THE LAW BUILDING - 1011 ELEVENTH AVENUE P. 0. BOX 326 JAMES H. SHELTON GREELEY. COLORADO 60631 JOHN W. KINKADE 303 -352.8673 August 19 , 1977 Weld County, Colorado Department of Planning Services Weld County Centennial Center 915 - 10th Street Greeley, Colorado 80631 Attention Mr. Ken McWilliams Dear Ken: Peterson/Alexander (Hastings) I represent Mr. and Mrs. Joseph Hastings, who own land adjacent to the Peterson/Alexander land, which land is to be considered for change from Agriculture to Estate. The hearing date is September 20, 1977. 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":I,/ : — --7::. f C(.1') ' -,----7- ___el_ft,Z1.,_...._ .1, scS7S0) ....."'"(ele.7fik..... 12:::t —/z I) / 7 Pr .. .$-.7 .7.- . ._, ..../____. , 6,,i, 7-.-.;{, v 4,„4-,/ 6, , —•--_._.. _k.:... ..i_%•r. .Z••.!..__.. t_./.,, �� s- T-.-.- - , •IIIIII IIiii . . II Il l[ I Peterson/Alexander Z-289 : 77 : 7 SURROUNDING PROPERTY OWNERS August 12, 1977 Carl and Ezra Meyer Raympa d and Elma Borgens 2925 23rd Avenue Greeley, Colorado 80631 Rove e 1,, ,Box 1a f eeley, Colorado X0631 L. Lee Eldred Paul W. and Mary Lou Richard 7510 28th Street 2429 24th Street Road Greeley, Colorado 80631 Greeley, Colorado 80631 T. & S . Company 2628 Belair Lane Myron E. and Ruth e Horst Greeley, Colorado 80621 6923 West 28th Street Greeley, Colorado 80631 Aurthur V. and Mary E. Briggs 2423 71st Avenue Greeley, Colorado 80631 Robert and Alida Helmer 2435 71st Avenue Greeley, Colorado 80631 Greeley West, Ltd. c/o Greeley Nat ' l Bank Farm Management Dept . Box 1028 Greeley, Colorado 80631 Earl L. Drake 14755 Rancheros Drive Reno, Nevada 89502 Lillian V. Bird 2205 11th Street Greeley, Colorado 80631 Leonard C. and Shirley Gadekin 2520 71st Avenue Greeley, Colorado 80631 Joe J. and Alice L. Hastings 6905 West 28th Street Greeley, Colorado 82631 Charles Y. and Virginia Urano 6841 2-8th Street Greeley, Colorado 80631 TI Jill 1 Miff 1 Hello