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HomeMy WebLinkAbout800018.tiff v RESOLUTION J RE: GRANT CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO C-COMMERCIAL DISTRICT WITH A UNIT DEVELOPMENT PLAN FOR NICK SEKICH, ET AL. , 6769 WELD COUNTY ROAD 32, LONGMONT, COLORADO 80501. WHEREAS, the Board of County Commissioners of Weld County, c 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 -1 WHEREAS, a public hearing was held on the 30th day of January, 1980 at 2 : 00 o' clock p.m. for the purpose of hearing the petition of Nick Sekich, et al. , 6769 Weld County Road 32 , 7 Longmont, Colorado 80501, requesting a change of zone from A-Agricultural District to C-Commercial District with a Unit Development Plan for the following described parcel of land, to-wit: Part of the Southwest Quarter of Sec- tion 23, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Southwest Corner of said Section 23 and considering the South line of the Southwest Quarter of said Section 23 as bearing North 89°25' 17" East, with all other bearings contained herein relative thereto; Thence North 89°25' 17" East, along said South line, 2641. 88 feet to the South Quarter Corner of said Section 23; Thence North 00°29 ' 54" West, along the East line of said Southwest Quarter Section 23, 90. 76 feet to the True _ Point of Beginning; Thence South 89°25 ' 17" West, 25 .00 feet; Thence South 44°27 '42" West, 70. 76 feet; Thence South 89°25 ' 17" West, 1193 .60 feet; Thence North 00°16 ' 33" East, 680. 09 feet; Thence North 89°42 ' 34" East, 1259 . 42 feet; Thence South 00°29 ' 54" East, 623 .68 feet to the True Point of Beginning. Said described parcel of land contains 19 . 583 acres, more or less, and is sub- ject to any rights-of-way or other ease- ments as recorded by instruments of record or as now existing on said described parcel of land. " R934 of --_.. ...t i5 o clock Q.....M APR.2 81981 ' 1856218 „ �L;,, Rec No. PL�7`i 3- I State cf Colorado, WeIJ :aunty Clerk & Recorder -+ r tJ l JI a: 1856218 ' 934 a 3- WHEREAS, Section 8 . 2 and 8 . 3 of the Weld County Zoning Resolution authorizes the Board of County Coituaissioners to grant a change of zone with a Unit Development Plan upon the showing by the petitioner of certain facts, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the petitioner and the recommendations of the Weld County Planning Commission, and having been fully informed, is satisfied that the request for re-zoning 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 Commissioners of Weld County, Colorado that the petition of Nick Sekich, et al. , for a change of zone from A-Agricultural District to C-Commercial District with a Unit Development Plan on the abovedescribed tract of land be, and hereby is, granted subject to the following: 1. The Development Standards for the Change of Zone. 2. No building or electrical permits shall be issued on the property until the Development Standards for the Unit Development have been placed on the Unit Develop- ment plat and said plat has been delivered to the office of the Department of Planning Services. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated December 18 , 1979 be, and hereby are, incorporated as the findings of fact of the Board of County Commissioners in this matter. odt-934 U 1856218 3-3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of January A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO - //z� L. (Aye) C. W. Kirby, Chairman `iu4cs�< c\ f?-c`c. (Aye) eonard L. Roe, Pro-Tem a-0446---- (Aye) Norman Carlson Lg�d' un ar /-_// 1;,'x'/,`1 -4.Aye) June K. Sfeinmark ATTEST: " r� Weld County Clerk and Recorder and _Clerk to the Boar 1Depu y Coun le A?DAS TO FORM: County Attorney DATE PRESENTED: FEBRUARY 4 , 1980 A public hearing was conducted on January 30 , 1980 at 2: 00 P.M. , with the following present: . BILL KIRBY CHAIRMAN LEONARD ROE COMMISSIONER NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY, ROBERT LOWENBACH PLANNING DEPARTMENT REPRESENTATIVE, TOM HONN The following business was transacted: I hereby certify that pursuant to a notice dated December 24 , 1979 duly published December 27 , 1979 and January 17 , 1980 in the Platteville Herald , a public hearing was held on the request of Nick Sekich, et al for a change of zone from A (agricultural) ' .to C (Commercial) . Mr . Nick Sekich Jr . was present for the hearing and reviewed the request . No one in attendance at the hearing was opposed to the granting of the change of zone . After all testimony was received , Commissioner Carlson made a motion to approve the change of zone , unit development , and development standards . Commissioner Dunbar seconded the motion and it carried unanimously. I 1 , 1/ /et 't V CHAIRMAN BOARD OF COUNTY COMMISSIONERS‘PlATTEST: a P WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOA 67; OPUty County Cler DOCI T r 80-4 TAPE 80-9 I LHR 2003 I 4-Q Al'I'I, I CAN I : NICK SEKICH, I 'I' I NI.: : ) P.M. i)()c:lc I:'I'I(80-4 I)A'I'I, : JANUARY 30, 1980 It I.:()II I::: I' : CHANGE OF ZONE (A-C) i Bt_rORI_ .v':' '', • VSOLUf1i1?a or 1 Date December 18 , 1979 ,' ;: 329 :79 : 13 APPL[CAT[0N 'JE Nick Sekich, et al ADDRESS 6769 Weld County Road 32 , Longmont, Colorado 80501 Moved by Frank Suckla for passage by the 5e it Rose ved cut.lor for ti'/!!- Agricultural C _ _Commercial ar',l at_r Ly with a Unit Se'velopment 4Plan See attached be recewmend ',aver,'', , XXXXXXXXX)C; ( • for the ;o; lowirc1 rt ' - 1. The applicant has complied with Section 81 .7 et . seq. of the Weld County Zoning Resolution regarding the application requirements for a change of zone. 2 . The request is consistent with the following resource management policies which are found in the Weld County Comprehensive Plan: "Commercial development designed to serve the agri- cultural base of the county should be located wherever practical within a municipality; however, whenever distance from a municipality makes this an impractical or unprofitable establishment of such commercial service, facilities within easy access to each agricultural area will be encouraged. " and l'101-Joe '>rcbruod by• Bette Kountz v j •r-" -'r - '° Bette Kountz Frank Suckla Fred Otis Don Billings _Bob Ehrlich Chuck Carlson Try: fir. }','era 4 C. ! 'i":'�� ward". Lk' t.`r, pry''... 1 ,___ Shirt ey A. Phillips Coffin's Lou, rnrely cc R ,sro ,a .. . on _December 18f_ 1979 VI the - i 18 Deceirher 79 ' Nick Sekich, et al Z-329 : 79 : 13 PLANNING COMMISSION RECOMMENDATION December 18, 1979 "The expansion and development of agri-business and agriculturally oriented industry will be encouraged, provided these enterprises do not adversely affect the total economy or environment. " It is the opinion of the Planning Commission that the applicant has demonstrated that it would be impractical or unprofitable to locate the proposed agri-business facility which is designed to serve the agricultural community within an existing municipality. In addition, the request would not appear to have any adverse effects on the total economy or environment. 3 . It is the opinion of the Planning Commission that the request will be compatible with the surrounding land uses , will have an adequate water and sewer service available to serve the permitted uses within the proposed zone district, and will have adequate road and highway facilities to provide access to the property. In addition, the property does not appear to have sand, gravel, or other mineral resources on or under the subject property, is not located within a Flood or Geologic Hazard area, and does not have moderate and/or severe soil limitations. This determination is based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which reviewed the request. The Planning Commission recommendation for approval is subject to the following items being accomplished: 1 . The attached Development Standards being recommended and adopted for the Unit Development Plan which accompanies this request. 2 . No building or electrical permits shall be issued on the property until the Development Standards for the Unit Development have been placed on the Unit Development plat and said plat has been delivered to the office of the Department of Planning Services. Nick Sekich, et al DEVELOPMENT STANDARDS 1 . The permitted uses within the Commercial Unit Development area may be those uses as listed in the Commercial Zone District of the Weld County Zoning Resolution. The permitted uses shall be conducted within the structure (s) as shown hereon. Agri- (/' cultural production will be permitted. If agricultural pro- duction is not pursued on all or any portion of the Commercial Unit Development that portion not in agricultural production shall be maintained in a manner so as to prevent fugitive dust, erosion, growth of noxious weeds , and non-ornamental ground cover shall not exceed 12 inches in height. 2. Display of merchandise may be permitted. For purposes of this statement "display merchandise" is defined as representative samples of the business ' inventory or product, which are put on display for the purpose of informing the public and attracting business, and which are displayed in a neat and acceptable manner. 3 . Outdoor storage shall be limited to farm equipment, farm supplies , and farm vehicles .` 4. Minimum setback for structures shall be 200 feet from State Highway right-of-way. Side and rear setbacks shall be in compliance with the requirements for Commercial zoning in the Weld County Zoning Resolution. 5. All signs located on the unit development area shall be in compliance with the requirements of the Weld County Zoning Resolution. 6 . The unit development area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and the growth of noxious weeds . 7. All construction and electrical work shall be done in accordance with the Weld County Building Code. 8 . Access to Colorado Highway 66 shall be limited to one 35 foot commercial access as shown on the unit development plat. All accesses shall have the approval of the Weld County Engineering Department and/or the Colorado Division of Highways . All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department and/or the Colorado Division of Highways. 9 . Use of property shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. 10. Lighting shall be arranged to minimize illumination onto adjoining property and to prevent glare directed at vehicles on public right-of-ways. 11 . As shown on the Unit Development plans , reservation for the additional right-of-way for Colorado Highway 66 shall be thirty-five ( 35) feet . 12 . A 20 foot landscape strip shall be maintained along the north side of the 35 feet of future right-of-way as shown hereon. The landscaping may be l7egetation, a hedge row, berm, wall or combination thereof. Maintenance of the 20 foot strip shall be the responsibility of the owner and/or operator of subject property. 13 . The Unit Development plan shall be limited to the plans submitted and governed by the Development Standards stated above and applicable Weld County regulations. Any material deviations from the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Unit Development Plan by the Planning Commission.' . a opt J - -= __ - - _ - _ - _ - - - �_ __ LEGAL DESCRIPTION /V /jf G� / / Part of the Southwest Quarter (S &) of Section 23, Township 3 North, Range 68 West of the 6th P.Y. , Weld County, Colorado, being :'ore particularly described as follows: Beginning at the Southwest Corner (SW Cor) cf said Sectien 23 and considering the South line of the SWL4 of said Section 23 as bearing Nc.rth 59° 25'17" East, with all other bearings contained herein relative thereto; Thence North 89° 25'17" East, along said South line, 2641.88 feet to the . South Quarter Corner (S ' Cor) of said Section 23; Thence North 00° 29'54" West, along the East line of said SWn� Section 23, 90.76 feet to the True Point of Beginning; Thence South 89°25'17" West, 25. :.0 feet; Thence South 44° 27'42" West , 7C. 76 feet; Thence South 89025'1[ 7" West,7193. 60 feet; Thence North u0°10'33" East, 66C.09 feet ; Thence North 89°42 '34" Esat , 1259.42 feet; Therce South 00° 29'54" East, 623.68 feet to the True Point of Leg-:fining. Said described parcel of land contains 19.5x ; acres, more or less, and is subject to any rights-of-way or other easements as recorded by instruments cf record or as now existing on said described parccl of land. Date : December 18 , 1979 CASE NUMBER: Z-329 : 79 : 13 NAME: Nick Sekich, et al REQUEST: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District with a Unit Development Plan LEGAL DESCRIPTION: Pt. SW%, Section 23, T3N, R68W LOCATION: % mile east of the intersection of I-25 and Colorado Highway 66 on the north side of Colorado Highway 66 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1. The applicant has complied with Section 81 . 7 et. seq. of the Weld County Zoning Resolution regarding the application requirements for a change of zone. 2 . The request is consistent with the following resource managemc-nt policies which are found in the Weld County Comprehensive Plan : "Commercial development designed to serve the agri- cultural base of the county should be located wherever practical within a municipality; however, whenever distance from a municipality makes this an impractical or unprofitable estab- lishment of such commercial service, facilities within easy access to each agricultural area will be encouraged. " and "The expansion and development of agri-business and agriculturally oriented industry will be f encouraged, provided these enterprises do not adversely affect the total economy or environment. " It is the opinion of the Department of Planning Services staff that the applicant has demonstrated that it would be impractical or unprofitable to locate the proposed agri-business facility which is designed to serve the agricultural community within an existing municipality. In addition, the request would not appear to have any adverse affects on the total economy or environment. 3 . It is the opinion of the Department of Planning Services staff that the request will be compatible with the surrounding land uses , will have an adequate water and sewer service available to • Nick Sekich, etal Z-329 : 79 : 13 PLANNING STAFF RECOMMENDATION December 18, 1979 to serve the permitted uses within the proposed zone district, and will have adequate road and highway facilities to provide access to the property. In addition, the property does not appear to have sand, gravel, or other mineral resources on or under the subject property, is not located with a Flood or Geologic Hazard area, and does not have moderate and/or severe soil limitations . This determination is based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which reviewed the request. The Department of Planning Services staff recommendation for approval is subject to the following items being accomplished: 1 . The attached Development Standards being recommended and adopted for the Unit Development Plan which accompanies this request. 2 . No building or electrical permits shall be issued on the property until the Development Standards for the Unit Development have been placed on the Unit Development plat and said plat has been delivered to the office of the Department of Planning Services. Nick Sekich, et al DEVELOPMENT STANDARDS 1 . The permitted uses within the Commercial Unit Development area may be those uses as listed in the Commercial Zone District of the Weld County Zoning Resolution. The permitted uses shall be conducted within the structure (s) as shown hereon. Agri- cultural production will be permitted. If agricultural pro- duction is not pursued on all or any portion of the Commercial Unit Development that portion not in agricultural production shall be maintained in a manner so as to prevent fugitive dust, erosion, growth of noxious weeds , and non-ornamental ground cover shall not exceed 12 inches in height. 2. Display of merchandise may be permitted. For purposes of this statement "display merchandise" is defined as representative samples of the business ' inventory or product, which are put on display for the purpose of informing the public and attracting business , and which are displayed in a neat and acceptable manner. 3 . Outdoor storage shall be limited to farm equipment, farm supplies , and farm vehicles . 4. Minimum setback for structures shall be 200 feet from State Highway right-of-way. Side and rear setbacks shall be in compliance with the requirements for Commercial zoning in the Weld County Zoning Resolution. 5. All signs located on the unit development area shall be in compliance with the requirements of the Weld County Zoning Resolution. 6 . The unit development area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and the growth of noxious weeds . 7. All construction and electrical work shall be done in accordance with the Weld County Building Code. 8 . Access to Colorado Highway 66 shall be limited to one 35 foot commercial access as shown on the unit development plat. All accesses shall have the approval of the Weld County Engineering Department and/or the Colorado Division of Highways. All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department and/or the Colorado Division of Highways. 9 . Use of property shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. 10. Lighting shall be arranged to minimize illumination onto adjoining property and to prevent glare directed at vehicles on public right-of-ways. 11 . As shown on the Unit Development plans , reservation for the additional right-of-way for Colorado Highway 66 shall be thirty-five (35) feet. 12 . A 20 foot landscape strip shall be maintained along the north side of the 35 feet of future right-of-way as shown hereon. The landscaping may be ITegetation, a hedge row, berm, wall or combination thereof. Maintenance of the 20 foot strip shall be the responsibility of the owner and/or operator of subject property. 13. The Unit Development plan shall be limited to the plans submitted and governed by the Development Standards stated above and applicable Weld County regulations . Any material deviations from the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Unit Development Plan by the Planning Commission. ' DATE: Decer • 21, 1979 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 for the 30th day of January, 1980 at 2:00 P.M. : Docket No. 80-4 - Nick Sekich, etal, Change of Zone (A-C) OFFICE OF THE CLERK TO THE BOARD BY: zt:.(( �� ��( /4, Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Comnissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT - Nick Sekich, et al DOCKET NO. 80 - 4 6769 Weld County Road #32 Longmont, CO 80501 DATE: January 30, 1980 TIME: 2 : 00 P.M. REQUEST: Change of Zone, from A (Agricultural) to C (Commercial) LMAL DESCRIPTION: Part of the Southwest Quarter (SW4) of Section 23, Township 3 North, Range 68 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 23 and considering the South line of the SW4 of said Section 23 as bearing North 89°25 ' 17" East, with all other bearings contained herein relative thereto; Thence North 89°25 ' 17" East, along said South line, 2641. 88 feet to the South Quarter Corner (S4 Cor) of said Section 23; Thence North 00°29 ' 54" West, along the East line of said SW4 Section 23, 90. 76 feet to the True Point of Beginning; Thence South 89°25 ' 17" West, 25. 00 feet; Thence South 44°27 ' 42" West, 70. 76 feet; Thence South 89°25 ' 17" West, 1193. 60 feet; Thence North 00°16 ' 33" East, 680. 09 feet; Thence North 89°42 ' 34" East, 1259 . 42 feet; Thence South 00°29 ' 54" East, 623. 68 feet to the True Point of Beginning. Said described parcel of land contains 19 . 583 acres, more or less, 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. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha White, Deputy DATED: December 24, 1979 PUBLISHED: December 27, 1979 and January 17, 1980 in the Platteville Herald ALLAdavit of Publication STATE OF COLORADO ss. County of Weld, M0TIcge., s _ I, Charleen Rudd of • Pursuant to the zoning laws of the State of Colorado and the Weld County said County of Weld, being duly sworn, say that I am Zoning Resolution a public hearing will an advertising derk of be held in the Chambers of the Board of County Commissioners of Weld THE GREELEY DAILY and County,Colorado,Weld County Lenten TRIBUNE, nial Center, 915 10th Street, Greeley, THE GREELEY REPUBLICAN Colorado,at the time specified All per sons in any manner interested in the following proposed Change of Zone are that the same is a daily newspaper of general requested to attend and may be heard BE IT ALSO KNOWN that the text circulation and printed and published in the City of and maps so certified by the County Greeley, in said county and state; that the notice or Planning Commission may be examen ed in the Office of the Clerk to the advertisement, of which the annexed is a true copy, has Board of the County Commissioners, located in the Weld County Centennial been published in said daily newspaper for consecutive Centery 915 10th Street, Third Floor Greeley,Colorado , (days) (weeks); that the notice was published in the APPLICANT regular and entire issue of every number of said Nick Sekich,et al 6769 Weld County Road 632 newspaper during the period and time of publication of Longmont CO 80501 DOCKET NO 804 said notice, and in the newspaper proper and not in a DATE January 30,1980 supplement thereof; that the first publication of said TIME 2 00 P M pp REQUEST Change of Zone, from A notice was contained in the issue of said newspaper (Agricultural)to C(Commercial) bearing date LEGAL DESCRIPTION Part of the Southwest Quarter (SW'-.) of Section 23,Township 3 North,Range 68 West of the 6th PM, Weld County twenty—first Colorado, being more particularly described as follows day of January A.D. 1980 • Beginning at the Southwest Corner(SW Cor)of said Section 23 and considering and the last publication thereof; in the issue of said the South line of the SW'. of said Sec newspaper bearing date the tion 23 as bearing North 89°25'17"East, with all other bearings contained herein relative North 89.25 twenty-first Thence North 89°25'11" East, along said South Irne, IS' 88 feet o the South day of January A.D. 1980 Quarter Corner (S'. Coil of said Sec t'on 23, that said The Greeley Daily Tribune and The Greeley Thence North 00°29'54"West,along the East line of said SW'. Section 23,90 76 Republican, has been published continuously and feet to the True Point of Beginning, Thence South 89°25'17" West, 2500 uninterruptedly during the period of at least six feet, months next prior to the first issue thereof contained Thence South 44°27'42" West, 70 76 feet said notice or advertisement above referred to;that said Thence South 89°25'17 West, 119360 feet newspaper has been admitted to the United States Thence North 00°16'33" East, 68009 feet mails as second-class matter under the provisions of the Thence North 89°42'34" East, 1259 42 Act of March 3, 1879, or any amendments thereof; and feet, Thence South 00°29'54"East,623 68 feet that said newspaper is a daily newspaper duly qualified to the True Point of Beginning Said described parcel of land con for publishing legal notices and advertisements within tarns 19 583 acres,more or less,and is the meaning of the laws of the State of Colorado. subiect to any rights of way or other easements as recorded by instruments of record or as now existing on said January 21, 1980 . described parcel of land THE,BOARD OF COUNTY COMMISSIONERS Total charge $ 26 . 10 WELD COUNTY,COLORADO BY MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER _ �` � 'I '1r �/'��� AND CLERK TO THE BOARD l }( �� (LS ^ ^ �;-�� /Vw.x BY Keitha White,Deputy `�" ai L.O._s DATED,Dgcetxber 24,1979„ _ - The Greeley Daily'Tribune Jan 2t,'i9 Advertising Clerk 1I,7980 Subscribed and sworn to before me this 21st o January A.D. 19 80 My Corn ssion expires Feb 28, 12$2 My c missiio` eex�pires Notary Public Affidavit of Publication STATE OF COLORADO, 1 ss. County of rrWeld, CCCI` DOCKET NO 80-4 said County of Weld, being duly sworn, say that Applicant-Nick Sekich,et al I am pub,lisher of �r 6769 Weld County Road No 32 l•'l2Fl.l.X CQ/ @7e.,rA G'cI%' Longmont,CO 80501 aile_ X:4,O Date January 30,1980 that the same is a weekly newspaper of general Time 2 00 P M circulation an&printed and published in the Request Change of zone (Agricultural) to C (Commercial) from al) town of -- LEGAL DESCRIPTION in said county and state, that the notice or adver- (5wPart of the Southwest Quarter,) of tisement, of which the annexed is a true copy, North, Range 6 68n 23, Township8 West of the 6th c has been published in said weekly newspaper P M Weld County,Colorado,being more particularly described as for -- r/ --- _-- - r_ozrsesat4te follows weeks that the notice was published in the Beginning at the Southwest Corner(SW Cor)of said Section 23 regular and entire issue of every number of said and considering the South line of the SW'4 of said Section 23 as newspaper during the period and time of publi bearing North 89°25 17 East with cation of said notice and in the newspaper all other bearings contained herein relative thereto, proper and not in a supplement thereof, 'hat the Thence North 89°25'17" East, first publication of said notice was contained in along said South line,2641 88 feet to the South Quarter Corner(514 Cor) the issue of said newspaper bearing date thc, of said Section 23 �C C�; D 7 Thence Northe 00°29 54" West, 7 day of t Yn it A 19 /�, along the East line of said SW'4 and the last publication thereof, in the issue of Section 23, 90 76 feet to the True Point of Beginning, Thence South sai ewspaper bearing date, the / day of 89°25'17" West, 25 00 feet, Thence I South 44°27'42" West, 70 76 feet, ]9 J--G-; that the said Thence South 89°25'17" West, L-Lf`c`2Zee A` p•'L!' Cc if 1193 60 feet, Thence North 00°16'33" East, 680 09 feet, Thence ear (et— s North 89°42'34"East, 1259 42 feet, . Thence South 00°29'54"East,623 68 has been published continuously and uninterrupt- feet to the True Point of Beginning edly during the period of at least fifty-two con- Said described parcel of land secutive weeks next prior to the first issue thereof contains 19 583 acres,more or less, containing said notice or advertisement above and is subject to any rights-of way or other easements as recorded by referred to; and that said newspaper was at the instruments of record or as now time of each of the publications of said notice, existing on said described parcel of land duly qualified for that purpose within the mean- ing of an act, entitled, "An Act Concerning Legal THE BOARD OF COUNTY COMMISSIONERS Notices, Advertisements and Publications, and WELD COUNTY,COLOR ADO the Fees of Printers and Publishers thereof, and BY MARY ANN FEUERSTEIN COUNTY CLERK AND to Repeal all Acts and Parts of Acts in Conflict RECORDER AND CLERK with the Provisions of this Act," approved April 7, TO THE BOARD 1921, and all amendments thereof, and particu- BY Keitha White, Deputy larly as amended by an act approved, March 30, Dated December 24, 1979 1923, and an act approved May 1 , 1931. Published in the Platteville eaer, Herald and La Salle Leader, Thursday, December 27, 1979 and January 17, 1980 Pu sher Subscribed sworn to before me this day of , A.D., 1984 -- --- -- -— �/7"-- 7-�=,Z My commission expires _ Notary Public RE TING APPLICATION' CASE # : dept. of Planning Services App. Ch' d By : Date Rec ' d : 915 10th Street App. Fee : Receipt # : Greeley, Colorado 80631 Record. Fee : Receipt # : Phone : 356-4000, Ext . 404 TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado : LEGAL DESCRIPTION: �212223244DSc)6' OCd'/979 �c� (see attached legal description) V��fl S 6006, g CDeA• %�YOs Ct! 'l7 C�l`O` 68Lg (If additional space is required, attach an additional sheet) Property Address (if available) : I-25 Co. 66 Longmont, Colorado 80501 PRESENT ZONE Agricultural PROPOSED ZONE C-UD TOTAL ACREAGE 19. 583 OVERLAY ZONES NONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name : Fred M. Sekich Home Telephone #: 535-4280 Address : 6769 Weld County Road 32 Bus. Telephone #: 535-4474 Longmont, CO 80501 Name : Nick Sekich Jr. Home Telephone #: 535-4338 Address : 6769 Weld County Road 32 Bus . Telephone # : 535-4474 Longmont, CO 80501 Name : Home Telephone #: Address : Bus . Telephone #: Applicant or Authorized Agent (if different than above) : Name : Home Telephone #: Address : Bus . Telephone #: Owner(s) of mineral rights on or under__ the subject properties of record in the Weld County Assessor' s Office : Name : Union Pacific Address : Name : Address : Name: Address : I hereby depose and state under the penalities of perjury that all state- ments , proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) r LL2 . Signature : Owner or Authori ed Agent Subscribed and sworn to before me this a,.?„Oday of CCd 4-L- , 19 77 . SEAL NOTARY�PUB C G' My commis ion expires : 11t-7 /Jcc3 OTTO TO & Cu LV E R a Professional Corporation Engineers October 24, 1979 Architects Land Surveyors Weld County Planning Commission and Weld County Board of County Commissioners Planners Weld County Centennial Complex Greeley, Colorado 80631 Gentlepersons: Subject: Sekich Zone Change Part SW4 Section 23-3-68 The current zoning of the parcel i;s' agriculture and it is proposed to change the zoning to Commercial with Planned Development. While this proposal is not strictly consistent with the Weld County Comprehensive Plan, it is felt by the petitioners that changing conditions in the area warrant a change of zone and that the pro- posed change is consistent with the needs of the Agricultural Community. Agriculture needs service businesses, they need to be within a reasonable distance (use, need to save gas). This part of Weld County has no close-in proximity agriculture service towns. If agriculture is to remain in existence in this area it is vital that Agri-Business be allowed to thrive. Longmont, Frederick and others are now becoming urban oriented. Requested uses shall be a Farm Supplier, Farm Equipment, & Farm Truck Repair Shop, and Farm Tire Sales Shop. These used are agri-business in nature and are compatible with the surrounding land uses which are Ag. , and Agri-Business in nature. Adequate water service is available to service uses requested (see enclosed copy of letter from Little Thompson Valley Water District, dated July 20, 1979). Sewer service can be supplied by septic tank and leach field. There appears to be no problem with either soil conditions or high water tables. Road and highway facilities providing access to the property are adequate in size to meet the requirements of proposed zone district. Highway 66 services the site and there is an I-25 interchange within one-half mile of the site. Coordination has been accomplished with State Highway Department; Required setbacks , future ROW reservations, and highway access are shown on the drawings . There appears to be no additional requirements to upgrade the road and State Highway facilities. Applicant is willing at his own expense to construct required road access needed to connect the site with 2506 6th Ave. State Highway #66. Greeley, Co 80631 (303)356-8136 (303)352-0100 X October 24, 1979 • Weld County Planning Commission and Wele County Board of County Commissioners Page Two The proposed zone change is not located within either a flood or geologic hazard area as identified by maps adopted by Weld County and proposed change to zone is not known to contain a commercial mineral deposit as defined by Colorado State Statues. Soil conditions on the site do not present limitations to the construction of structures or facilities proposed to the site. A copy of the Soil Conservation Survey has been provided as part of this submittal . If there are any additional questions , please contact me. Sincerely, OTTO & CULVER, P.C. '.••`,,,,,," f��,,''••, /€1.O/2R., _• .'a 1. Jasper Freese =o:A m: - m -a Mana r r, Greeley Office �9 N o::,� JP/map ,91..� '4=:::::%'%;;.•. 4.Vlauaflhl ss�" Enc. OCT 1979on �, CE.1V ED ( ---- 1ae4�Coonly i Corsmisslaeplanning x .. . _cl t ' a_ _.' 7 ! I Lc : i . : . 1_ - t� e ::to ahl.G / ".i f -.. V a . f,ccr_ s :c E:: ' ,, --_ --_3, s . , _ e lritec to o' e :- `oat eo•' F .' , ?,. .;Sses as s',:'.'' u, ti-e a_+ac' 'ra.. ' ;S. ccs locations ..1 re a .i, l' ...i. L, t e ."gat i : J .,e✓. , t et : . 4. ;r, r ad ?cce`_s to that Pr: i'rl to Le ,sr_o c: ' erciall . _ h3 11 be in cot . ar"ce i'. . th .. le ..e1 .. Co.,n:. Zoning FegJiatiurs for co er. al zoning J. "axi u' . heigt of buildings snail be 20 feet. '•'i ni' u'" setback for cot v er'ci al buildings shall be 200 feet trot; State i g'i.rai i r f;'_-c' -..a, . Side setbacks shall be in ca',pl l ante with Weld Court\' 4'equirerents for co,-: ,ercial zeninr. _'ne cc 'ercial sign to he lc':oted as shown on dro',.in7s. . igr.tirg stall c.rs'st c_ , 'le'-cJr, ;ot t_::-..e its it gravel display area in rrort cf tJi 1dir'r'. other lightlr'g as rec: irec to be sub^ ittedr for ap ''o',a7 . . ;cceptal i l i tj cf se.•ac,e s . s:eHS i n the co. .ercial area shall be subject to the approvdl of the :.el'o ,r'.4rlt;r Health Deparert . 1 . )e\ elopr gent shall comence i th i n one ycar of the date of a a' oval by the Eoard of Weld County Cc. rissioner, . j LITTLE TI-- •_).ti1I'SON VALLEY WATER DISTRICT TEL Er- ^\E __22096 _per. C Ah Or FSOI _.07 'AFLCH AVENUE .O. G F VEIN DRAWER G .AV D M[yLE SERTI-+OUD COLORADO 8051 L .'O14AL RIrOPL f_Ar EY J $ALQMONbON • MANAGER LOYILO M. FAGAN July 20, 1979 Sekich Equipment Co. P. O. Box 5 :s Lortrmont, Colorado80501 Attention: Billie The Little Thompson Water District will provide one water tap tp property located in Section 23, T3N, i'6SW, upon receipt of fees and compliance with the rules and regulations of the District. Very truly yours: LITTLE THOIiPSON WATER DISTRICT / Lovilo H.- Fagan, Manager • LHF/cg cc: _ -. • 'mss.; CPANGE OF ZONE PETITION SUPPORTING 2. m Board of County Commissioners of Wuid County, Colorado Court House Greeley, Colorado Gentlemen: • We, the undersigned owners of property located within 500 feet of the property described in the application submitted by Nick Sekich, et al . , hereby petition you to grant this request for Commercial - UD use. Signature Mailing Address Description of Property 4O.-rite;--)-,A--t--,-e/ `l? 7) r � U 1 ./ A_ f) /. j 1. ) C/-596t tit e-4-4 cc. '1prv. `i ` 0lvgnrO4-. 1/ o l / f 4f 2-U.3 Cgc V y — / � y �y ��,.� /_27 Y Gt/�. 6 . ////5y ` V • PETITION WE, THE UNDERSIGNED, DO HEREBY AGREE WITH THE CHANGE IN ZONING PROPOSED BY SEKICH EQUIPIVENT CO. FOR THE PARCEL OF LAND LOCATED IN THE SW-4- SEC 23, T. 3N. , R. 68 W. OF THE 6TH P.M. , WELD CO. , COLO . THE INCREASED SERVICES PROVIDED BY SUCH A CHANGE WOULD BE MOST BENEFICIAL TO THE SURROUNDING AGRICULTURAL COMMUNITY. NAME DATE ADDRESS • - D-/6- _ /D ‘r+-0 }1.+ 4 / Z.-- CC-- /0 "-79 r2 .� /, E�..�, 1 7 e etri 1O - 1O - 7 °I 27f!( ,;l i 7 ,,,, ,!°�,, (//,,, 1 ,, ,, ` — 'G 3 c /' / r<,/cc •- //— ,c' 9',-- ds6r 7/ - ✓.' f ,,i �� 1/ /7 c '7/ / .> •'` ,,-T11)4' --3' / - -. /(' - // - 7f 7>� f P4' 41 7(2_=:-11_ 7---e-4,X- ��o� v- - s ap ! 1't- 1O - II- 7 7 O / 6Ox 7 6 fr /ToQcl ,/ )--4,1 , �L," / a — // - 7 r .-66O' e., 3",,f D l 1 BOX /0V gels c0, ,� ,�C� � )4_i / vi J /L=1 !,-u / D-o /q .-i t, itl,c 12• a, . �. /o -/, -77 /`fY16.eze " A,,4 ,// -7,/,- _, -,14/:-""/. <7- 7"' - j(-_ li - 2 6.2 ,- 7 ;-/e ,,, /', ,.//% 1 -` , e -//- 6 r lie: f _12,/z -? ��-- /C� -// - 7 /7:3 0, re)C.0 l.3 �� } -L-ii, _ .� �d�. /�, -/2 7 7 7 3/V H ,73 e-w�r , , 1 /, / 2 -/2-- 7.7 1 /1,n,..-17a - fa-7 ? 7 ).0I cUci3 ) J , ./J__,eze,=2-- /D/3--7 /Sg7/Gae/‘3 x • PETITION WE, THE UNDERSIGNED, DO HEREBY AGREE WITH THE CHANGE IN • ZONING PROPOSED BY SEKICH EQUIPMENT CO . FOR THE PARCEL OF LAND LOCATED IN THE SW4 SEC 23, T. 3N. , R. 68 W. OF THE 6TH P.M. , WELD CO. , COLO . THE INCREASED SERVICES PROVIDED BY SUCH A CHANGE WOULD BE MOST BENEFICIAL TO THE SURROUNDING AGRICULTURAL COMMUNITY. NAME DATE ADDRESS• ________)c------,..,.... k/72 ---- 4 ,,,_ „ _ , 7 p/ ,L,7 ,,,,,-/ 4,,,t,T--- _,.....0„, _ /f � , ,,__,7,/ vJ,,,_//,,,, /� -/7- 7 2 1 r-r--5/-1�e� 7 �� / 7 % - /i- • -/ - 7 .-/ i0-/[ -177 () `-7,1--,_..),,ze--7,r------'‘ Xr /.2 7f::24e) /O/,/7 9 OW"./.02/ :/ii _ f=. , a 1 pJ/ � �) . - � � ////7P , 9 9/ �c:;c-ie y7/1uo�so ) `-'°•' 0-6-- __ A /U/ // / r r , . ' i ) , i 1 et_ e _C--- -- 70////2 5' /6c,7-, 6) tuck' 7 ?. er&66---tLeez ( -ti __-7,:a_4__ /%//?9 /597 o kJ0ld eL:ktiiY Fo - Jz(le• /7 /'d%227 7 �I '/>/)=v 4/2,2 c`ii,Yym 0 ll I- 7��. . 2/2/7y 7d' 616 • / 7 ' � ��i-ez� •--- .4;,- ---)----):, /// m - 1 9 - 2 • 1-2), n c's C-7,-- -., / 7, ?r1,44n�� I /6') '- 4) 7C7 •20) 4/ // \'-7'-,f,z.�z�L �i/���{z soh �a1� /G - (2 -7F_ / �c �U k-- cc. /?- ��, / ‘ _)''-/;. 1 ..< 0.'_% ,( - /. -27 . _ l y_19/— �., ZA7L-ifY? ,7y .y1"/41.-.--7. -'0-7 ,-.....,-,__. 2C- )O.-7.---,1 —.-,,,o.� /6 — /:3 - 7 //g/ �()- i -, -/- .A'g. PETITION WE, THE UNDERSIGNED, DO HEREBY AGREE WITH THE CHANGE IN ZONING PROPOSED BY SEKICH EQUIPMENT CO . FOR THE PARCEL OF LAND LOCATED IN THE SW4 SEC 23, T. 3N. , R. 68 W. OF THE 6TH P.M. , WELD CO. , COLO . THE INCREASED SERVICES PROVIDED BY SUCH A CHANGE WOULD BE MOST BENEFICIAL TO THE SURROUNDING AGRICULTURAL COMMUNITY. NAME DATE ADDRESS 7) O-,R / o —( /— 7 f l e v-)6`j o vJJ Cof o 4e.7.- ',d7,4, /i Ce-c4e 7? t27fl>'7 s.7--ryz-e)-e-- - ei2-&27 1 Wil i 7? /tinpleV t ,___Cfl • .,i( • .417 / ' Wz- ' / , Fd /")',/// /9'7 9 i ./2-rver.X ��/� 7 i,,,, ," fo -//- 7 ? `�7v � _,7 d/ /o- 1/- 7y 4, -.� c .,----- (r..7---..2-e..-1.,-4-* /67/// / /t7.,.�/ , O.c lc, L__. - (d /(/7 ill Get14 C6?-4 i / //1/ ?7 (6-elie /PA /79 a )_ k/&;// 2 9 i,„Vair.--- , . , g /0/ /779 , (. 1.0-6,- -1-6 , pp /0 /7' 1l c1 ,n1.e�-ci c„1 n./ Cep'/q 0 //. 7e,_z=Z_____,--_---- . \ - -�-� /-//- 77 6r)lPiz-u7( C' - a--/ Z - 6 Gx .-V--V-7,4. -V--V--f / ` /�- 77 .--. -+ C-° ,), REFERRAL LIST C APPLICANT Nick Sekicr, et al [-4 CASE # Z-329 : 79 : 13 _ _ REFERRALS SENT OUT ON: October 26, 1979 z U REFERRALS TO BE RECEIVED BY: November 29, 1979 C r7 f� 1-4 f1 F+ 7 o o 0 F=7 H p, H r= o o c REFERRALS RECEIVED County Attorney (plat only) NOV 2 6 1479 County Health NV 3 0 tit County Engineer Mead Planning Commission X NOV 2B EDi. c/o Virginia Frei Box 217 Mead, Colorado 80542 Soil Conservation Service EtV 271579 1228 Main Street Longmont, Colorado 80501 Colorado Geological Survey Xave Shelton NOV�OV 8 1313 Sherman Street Room 703 Denver, Colorado 80203 State Highway Department N0V 8 St 1420 2nd Street �( Greeley, Colorado 80631 Don Billings 12023 Weld County Road 36 Platteville, Colorado 80651 FIELD CHECK FILING NUMBER: Z-329 : 79 : 13 DATE OF INSPECTION: 11/7/79 NAME: Nick Sekich, et al . REQUEST: Change of Zone "A" to "C" with a unit development LEGAL DESCRIPTION : Pt. SW% Section 23, T3N, R68W LAND USE: N Agricultural E Agricultural S Farm equipment sales/ restaurant W Agricultural ZONING: N Agricultural LOCATION: 1/2 mile east of the E Agricultural intersection of I-25 and Colorado S Commercial unit Develop- iueli L Hwy 66. iti, Agricultural COMMENTS: Property is presently in a cultivated condition. One access existing unto Colorado Hwy 66. County Road 91 is gravel surfaced. Property has no improvements located on it. Sekich equipment is located across Colo Hwy 66 to south. Agricultural Land uses surround the property on three sides. • C jr\BY: 1 ' LA_ • Nick Sekich, et al Z-329 :79 : 13 SURROUNDING PROPERTY OWNERS October 30, 1979 Valley Sixty-Six c/o Arnold, Liss and Reda Hennesy 32 West Randolph Street Suite 1818 Chicago, Illinois 60601 George S. Reynolds P.O. Box 675 Longmont, Colorado 80501 Robert M. , Janice M, and Theodore A. Rademacher 14599 Weld County Road 91/2 Longmont, Colorado 80501 Mary Emily Benson , Frances Woods and Helen Irene Faucet P.O. Box 133 Loveland, Colorado 80537 Glen S. Douthit 7102 South Poplar Street Eng1 wood, Colorado 80110 Theo Rademacher Route 1, Box 293 Longmont, Colorado 80501 1 Hello