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RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO B-BUSINESS
DISTRICT FOR MONRICO AND ALTHEA LEHNERT, 2727 65TH AVENUE,
GREELEY, COLORADO 80631 .
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 9th day of January,
1980 at 2 : 00 o' clock p.m. for the purpose of hearing the petition
of Monrico and Althea Lehnert, 2727 65th Avenue, Greeley, Colorado
80631, requesting a change of zone from A-Agricultural District
to B-Business District for the following described parcel of land ,
to-wit:
A parcel of land situated in the Southeast
Quarter (SEQ) of the Southwest Quarter (SWn)
of Section 16 , Township 5 North, Range 66
West of the 6th Principal Meridian. Said
Parcel of Land is a portion of Tract A as
described in Book 784 as Reception No . 1705541
in the records of the Weld County Clerk and
Recorder' s office.
Commencing at the South Quarter Corner (SgCor)
of said Section 16 and considering the South
line of said Section to bear S 90°00 ' 00" W,
and with all other bearings contained herein
being relative thereto; Thence N 13°49 ' 42" W,
a distance of 102 . 98 feet to the intersection
of the Westerly Right-of-Way line of Weld
County Road 291 (65th Avenue) and the Northerly
Right-of-Way line of U. S. Highway 34 By-Pass ;
said point being also the True Point of
Beginning of Parcel "A" conveyed by Kenneth
A. and Wilma F. Batemen to Weld County,
Colorado for Right-of-Way described and
recorded in Book 647 as Reception No. 1569467
in the records of the Weld County Clerk and
Recorder 's office; said point being also the
True Point of Beginning of this Parcel.
Thence S 90°00 ' 00" W, a distance of 77 . 37 feet
along the Northerly Right-of-Way line of U. S .
Highway 34 By-Pass;
Thence S 64 °10 ' 21" W, a distance of 100. 30 feet
along said Northerly Right-of-Way line;
Thence N 00°28 ' 44" W, a distance of 224 .16 feet;
Thence N 89°30 ' 50" E, a distance of 189 . 75 feet;
Thence along the arc of a circular curve to the
right, not tangent to the preceding course,
whose radius is 2960 . 00 feet and whose chord
bears S 06°20 ' 18" W, 183 .18 feet to the True
Point of Beginning.
Said Parcel of Land contains 0.790 Acres more
or less.
800023
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 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 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 Monrico
and Althea Lehnert for a change of zone from A-Agricultural Dis-
trict to B-Business District on the abovedescribed tract of land
be, and hereby is , granted subject to the conditions and develop-
ment standards as recommended by the Planning Commission on Novem-
ber 6 , 1979 .
BE IT FURTHER RESOLVED by the Board that development standard
#8 shall be amended to read as follows :
"8 . The parking area shall be paved with
asphalt or concrete by November 1,
1980 after approval of a drainage
plan for the improvement. "
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 9th day of
January, A.D. , 1980 .
/1 *N BOARD OF COUNTY COMMISSIONERS
ATTEST: 2u.t 'w"nn,u cJ>j+444Yr.b WELD COUNTY, COLORADO
Weld County Clerk and Recorder / /77 f i (Aye)
and Clerk to the Boa-rd C. W. Kirby, �irman
By -4< t' "� (� Cl rw a Q �. (Aye)
-Deputy County! Clerk Leonard L. Roe
AtPRQVED AS TO FORM: / ..^ (Aye)
Norman Carlson
• We74—e-- , ��� �S/.rr��n�i (Aye)
County Attorney Ly a Dunbar
(Absent)
June K. Steinmark
DATE PRESENTED: JANUARY 14 , 1980
A public hearing was conducted on January 9 , 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 EXCUSED
Also present:
ACTING CLERK TO THE BOARD, KEITHA WHITE
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
PLANNING DEPARTMENT REPRESENTATIVE, TOM BONN
The following business was transacted:
I hereby certify that pursuant to a notice dated November 19, 1979
and duly published November 23, 1979 and December 13, 1979 in the
Platteville Herald a public hearing was held on the request of
Monrico & Althea Lehnert for a Change of Zone from Agricultural to
Business. Said hearing was a continuation of the December 26, 1979
hearing.
Mr. Honn read the Planning Commission' s favorable recommendation,
the development standards and reviewed the unit development plan.
Mr. Lehnert was present and explained the need for his request. He stated
his concerns with item #8 of the development standards, requiring the •
paving of the parking lot by September 1, 1980. Discussion was held
regarding said item #8.
Commissioner Dunbar made a motion to approve the COZ from A to B as
recommended by the Planning Commission with development standards
and the unit development plan.
Mr. Honn explained that if the Board or the applicant wish to change the
deadline date for paving the parking lot, after the initial approval
of the COZ, the applicant will be required to go through the entire
hearing procedure again.
Commissioner Carlson made a motion to amend Commissioner Dunbar' s motion
to include an amendment to item #8 of the development standards to
read; November 1, 1980 in lieu of September 1, 1980 . Commissioner
Dunbar seconded the motion and it carried unanimously.
The Chairman called for the vote on Commissioner Dunbar ' s motion to
approve the COZ and it carried unanimously.
/�. X< t/7
CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST: 0.U.t� 0.4,, ^ fd'drA'ten-i/
WELD COUNTY CLERK AND RECORDER
ANDLERK TO THE BOAI;H
BY.: (� � /LA l
Deputy County/LA
IDOCKET # 79-95
TAPE # 80-3 & 4
LHR 2001
A public hearing was conducted on December 26 , 1979 at
2: 00 P.M. , with the following present:
NORMAN CARLSON CHAIRMAN
LYDIA DUNBAR COMMISSIONER
BILL KIRBY COMMISSIONER
LEONARD ROE COMMISSIONER EXCUSED
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, KEITHA WHITE
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
PLANNING DEPARTMENT REPRESENTATIVE, TOM HONN
The following business was transacted:
I hereby certify that pursuant to a notice dated November 19 , 1979
and duly published November 23, 1979 and December 13, 1979 in the
Platteville Herald a public hearing was held on the request of
Monrico & Althea Lehnert for a Change of Zone from Agricultural to
Business .
Mr. Honn state the applicants had informed him they would not be able
to attend todays hearing.
The Chairman asked if there was anyone present who wished to comment
in regard to this matter. There was no one present.
Mr. Honn proceeded to read the Planning Commission' s favorable
recommendation and development standards.
Commissioner Steinmark made a motion to continue the hearing until
2: 00 PM on January 9, 1980, when the applicants could be present.
Commissioner Dunbar seconded the motion and it carried unanimously.
)144-c->---0--- &Jae--
CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
r
WELD COUNTY, COLORADO
°>
ATTEST: ;t7 e+✓wvC �`•�,aarTM.+i%? C.r)
(1
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THHEE' BOr D
9tCl & 7
TAPE # 79-156
LHR 2001
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 - MONRICO AND ALTHEA LEHNERT
DOCKET NO. 79-95 2727 65th Avenue
Greeley, CO 80631
DATE : December 26 , 1979
TIME: 2: 00 P.M.
REQUEST: Change of Zone, from A (Agricultural) to B (Business)
LEGAL DESCRIPTION:
A parcel of land situate in the Southeast Quarter (SE4) of the
Southwest Quarter (SWQ) of Section 16, Township 5 North, Range 66
West of the 6th Principal Meridian. Said parcel of land is a
portion of Tract A as described in Book 784 as Reception No. 1705541
in the records of the Weld County Clerk and Recorder' s Office.
Commencing at the South Quarter Corner (S4 Cor) of said Section 16
and considering the South line of said Section to bear S 90°00 ' 00"
W, and with all other bearings contained herein being relative
thereto; Thence N 13°49 ' 42" W, a distance of 102 . 98 feet to the
intersection of the Westerly right-of-way line of Weld County
Road 291 (65th Avenue) and the Northerly right-of-way line of US
Highway 34 By-Pass; said point being also the True Point of
Beginning of Parcel "A" conveyed by Kenneth A and Wilma F . Batemen
to Weld County, Colorado for right-of-way described and recorded in
Book 647 as Reception No. 1569467 in the records of the Weld County
Clerk and Recorder' s Office; said point being also the True Point
of Beginning of this Parcel.
Thence S 90° 00 ' 00" W, a distance of 77 . 37 feet along the Northerly
right-of-way line of US Highway 34 By-Pass;
Thence S 64° 10 ' 21" W, a distance of 100 . 30 feet along said Northerly
right-of-way line:
Thence N 00°28 ' 44" W, a distance of 224 . 16 feet;
Thence N 89°30 ' 50" E a distance of 189 . 75 feet;
Thence along the arc of a circular curve to the right, not tangent to
the preceding course, whose radius is 2960 . 00 feet and whose chord
bears S 06°20 ' 18" W, 183 . 18 feet to the True Point of Beginning.
Said parcel of land contains 0. 790 acres more or less .
DATED: November 19 , 1979
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
PUBLISHED: November 23 , 1979 and December 13 , 1979 in the Platteville
Herald
DATE : Novenber 19, 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 26th day of December, 1979 at 2:00 P.M.
79-93 - Dale and Dee Benson, SUP - Dairy Operation
79-94 - Front Range Hay Company, Inc. - SUP - Alfalfa Cubing Facility
79-95 - Monrico and Althea Lehnert - COZ - Agricultural to Business
OF CE OF THE CLE 0 THE BOARD
BY: 7eputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/
r-"S
A 1'1'1 I ('n I MONRICO & ALP]. A LEHNERT
'I' I rlr 2 . J PM Iiucl: 1;'1'/179--95
IAA ri : :: 1
January 9, 1979 (continuation) CO7, , A TO B
NAME ! ADDRESS
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. . . . . . . . .
________.__.._____.. . . . .. .... ..__. __._.._
_ _
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OPY
i -
APPLICANT : MONRICO & ALTHV LEHNERT TIME : 00 P.M. DOCKET#79-95
DATE : DECEMBER 26, 1979 REQUEST : COZ - (A-B)
NAME ADDRESS
II
{
Anidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
#" ',V11;441-`1u4 a I, Charleen Rudd of
f. said County of Weld, being duly sworn, say that I am
„ ' �k 1,A ID , an advertising clerk of
.a. , . .r.i. THE GREELEY DAILY TRIBUNE, and
474,,,- mi*Arso` THE GREELEY REPUBLICAN
,Au. , 4 ,..;; *1.yr'
PNmniil ,linty;as Is that the same is a daily newspaper of general
circulation and printed and published in the City of
IocarM la p a. „ t.Me.musu Greeley, in said county and state; that the notice or
cost. tdrr tram
woes
a.;5'_9�� 4,.a-..- advertisement, of which the annexed is a true copy, has
MDSRW:O 'tt' ` ' n'L Aar been published in said daily newspaper for consecutive
^!' 1, � ,.
(days) (weeks); that the notice was published in the
� a regular and entire issue of every number of said
newspaper during the period and time of publication of
said notice, and in the newspaper proper and not in a
A „ ' supplement thereof; that the first publication of said
say "�'` Hern,.tal dr the notice was contained in the issue of said newspaper
P io " - ""i a bearing date
fl -, „r Parcel.
as
• ,4 � r
ua-
1 seventeenth
' ° a day of December A.D. 19 79 •
to -i a. Mss ar Co,end and the last publication thereof; in the issue of said
. afu, newspaper bearing date the
. A► a a °d�
seventeenth
line of
day of per emher A.D. 19 79
y ;sn that said The Greeley Daily Tribune and The Greeley
US -ME,' ' ,1100, CAKEWRIMO of Republican, has been published continuously and
Pima, JA• tam**by lfMMeth A.
wrdWtlm.Pie 9�yINjSI.Ea�SWOritY uninterruptedly during the period of at least six
irraFotorat0M rrIti t ' " and
months next prior to the first issue thereof contained
T` rngrd.of*.WSalCoam said notice or advertisement above referred to;that said
•, 'L;7,., :our TT nrrm newspaper has been admitted to the United States
• r ,,,?b' `net. n m mails as second-class matter under the provisions of the
S h„, , re Y rkihhoh Act of March 3, 1879, or any amendments thereof; and
n„. ,,r,,, ;"a4fan° of that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
W..i alder"`• of the meaning of the laws of the State of Colorado.
f•3 , �Aa ' E, a ahraMs W
;; 'Emilie arc of a circular
December 17, 1979
-� not tal(.eni to the
, WhoM. rWlaa .N Total charge $ 25.23
Vapd Whoa chord heard 5
.^'13.11 Nat to tM True_
6poarinn.^
y4 FarCel a/land contains 0.710 acres ^
:gAT.@Oi:'November 19,1914.. ,
THE 1304110 Advertising Clerk
' COUNTY COMMISSIONER\
WELD COUNTY,COLORADO\
SY;MARY ANN FEUERSTEIN\ Subscribed and sworn to before me this
MN 17th day nerPmhar /.;of A.D. 1919_
Mycommis n expires M mnY,CO is ion exp:es Feb 2C, i9 2
/ ‘',4,/,' �i' ,I ( f i i
Notary Public
BEFORE THE WEL ;OUNTY, COLORADO PLANNING COMM! '.ON �1. 7%
et) rr
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMM _ ,(ERS , ,
Date November 6, 1979 Case No. Z# 328 :79 : 12
3`l ,‘Fl,L t ,w7
APPLICATION OF Monrico and Althea Lehnert rli�
ADDRESS 2727 65th Avenue, Greeley, Colorado 80631 oRE,s `" '°" �
Moved by Fred Otis that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the appli-
cation for rezoning from A ( Agricultural District) to
B ( Business District) covering the following described
property in Weld County, Colorado, to-wit: with a Unit Development Plan
See attached
with Development Standards
be recommend (favorably)/( N y) to the Board of County Commissioners
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 . It is the opinion of the Planning Commission that the request is
consistent with the Weld County Comprehensive Plan. The property
under consideration is located within the comprehensive plan area
of the City of Greeley. The City of Greeley Planning Commission has
recommended approval of the request because the rezoning request
appears to be consistent with the policies of the Greeley Comprehensive
Plan. Further, 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.
Motion seconded by: Tim Gilbert
Vote: For Passage Irma White Against Passage
Don Billings
Fred Otis
Bob Ehrlich
Jim Gilbert
Jerry Kiefer
Chuck Carlson
The Chairman declared the Resolution passed and ordered thatacertified copy be for-
warded with the file of this case to the Board of County Commissioners for further
proceedings.
CERTIFICATION OF COPY
I, Shirley A. Phillips , Recording Secretary of the Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted
on November 6, 197 9 and recorded in Book No. vI of the proceedings of
the said Planning Commission.
Dated the 7 day of November , 19 79.
Secretary
•
A Parcel of Land situate i the Southeast
of Section 16, township 5 North, Range 66 Wt
est of ther e 6th Principal Meridian. Said
Parcel of Land is a portion of Tract A as described in Book 784 as Reception -No. 1705541
in the records of the Weld County Clerk and Recorder's office.
Commencing at the South Quarter Corner (Sy Cor) of said Section 16 and considering the It
South line of said Section to bear S 90°00'00" W, and with all other bearings contained �I
herein being relative thereto; Thence N 13°49'42" W, a distance of 102.98 feel to the
intersection of the Westerly Right-of-Way line of Weld County Road 29; (651h Avenue)
and the Northerly Right-of-Way line of US Highway 34 By-Pass; said point being also the
True Point of Beginning of Parcel "A" conveyed by Kenneth A. and Wilma F. Basemen lo
Weld County, Colorado for Right-of-Way described and recorded in Book 647 as Reception
No. 1569467 in the records of the Weld County Clerk and recorder's office; said point
being also the True Point of Beginning of this Parcel .
•
Thence S 90°00'00" W, a distance of 77.37 feet along the Northerly Right-
of-Way line of US Highway 34 By-Pass;
Thence S 64910'21 " W, a distance of 100.30 feet along said Northerly Right-
of-Way line;
Thence N 00°28'44" W, a distance of 224. 16 feet;
Thence N 89°30'50" E, a distance of 189.75 feet;
Thence along the arc of a circular curve to the right, not tangent to the
proceeding course, whose radius is 2960.00 feet and whose chord bears
S 06°20' 18" W, 183. 18 feet to the True Point of Beginning.
Said Parcel of Land contains 0.790 Acres more or less.
Date: November 6, 1979
CASE NUMBER: Z-328 :79 : 12
NAME: Monrico and Althea Lehnert
REQUEST: Change of Zone from "A" Agricultural Zone District to "B"
Business Zone District with a Unit Development Plan
LEGAL DESCRIPTION: Pt . Sign SW;, Section 16, T5N, R66W
LOCATION: Northwest corner of the intersection of 65th Avenue and
Highway 34 Bypass
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. It is the opinion of the Department of Planning services staff that
the request is consistent with the Weld County Comprehensive Plan.
The property under consideration is located within the comprehensive
plan area of the City of Greeley. The City of Greeley Planning
Commission has recommended approval of the request because the
rezoning request appears to be consistent with the policies of the
Greeley Comprehensive Plan. Further, 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 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 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 . The Unit Development plat shall be amended to show the following:
a . Relocation of the existing access onto 65th Avenue to a
Monrico and Althea Lehnert
Z-328 : 79 : 12
PLANNING STAFF RECOMMENDATION
November 6, 1979
point a minimum of 100 feet north of the north edge of the
U. S. 34 highway bypass frontage/service road.
b. Show a buffer along the western edge of the property via a
combination of landscaping, bermina and/or fencing.
c. Show an additional 10 feet of right-of-way reservation for
future needs along the west side of 65th Avenue which is a
proposed arterial .
Item #2 shall be accomplished prior to scheduling this case before
the Board of County Commissioners .
3 . 90 days after approval of the Unit Development plan by the Board of
County Commissioners the applicant shall submit a drainage plan for
the improvement of the parking area. The drainage plan shall be
reviewed by the City of Greeley Planning Department and the Weld
County Engineering Department prior to paving of the parking area.
4 . No additional building or electrical permits shall be issued on the
Unit Development area 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 .
Monrico Lehnert
DEVELOPMENT STANDARDS
1 . The permitted uses within the Business Unit Development area may be
those uses as listed in the Business Zone District of the Weld
County Zoning Resolution. The permitted uses shall be conducted
within the structure (s) as shown hereon . Agricultural production
will be permitted. If agricultural production is not pursued on
all or any portion of the Business -nit 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 around cover shall not exceed 12 inches
in height.
2. All storage shall be conducted within the structure (s) as shown
hereon.
3 . Display of merchandise may be permitted. For purposes of this
statement "display merchandise" is defined as representative samples
of the businesses ' 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 .
4 . Setbacks for structure areas should meet the following minimums :
a) Front yard and side yard (on street) - 25 feet
b) Side yard interior and rear yard - 3 feet
5 . No more than 85% of the total property should be covered by
structures, gravel , or paved areas .
6. Lighting provided for off street parking spaces shall be arranged
so as to minimize illumination onto adjoining property.
7 . As shown on the Unit Development plans , reservation for the
additional right-of-way for 65th Avenue shall be 10 feet.
8. The parking area shall be paved with asphalt or concrete by
September 1 , 1980 after approval of a drainage plan for the
improvement.
9 . Access to the unit development area shall be limited to one entrance
from the U. S. 34 Highway bypass frontage/service road and one
entrance from 65th Avenue located at least 100 feet north of the
north edge of the U .S. 34 Highway bypas frontage/service road. All
accesses shall have the approval of the Weld County Engineering
Department and/or Colorado Department ' of Highways. All accesses
shall be constructed in accordance with the recommendations and/or
requirements of the Weld County Engineering Department .
10. 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 .
12 . All construction and electrical work shall be done in accordance
with the Weld County Building Code .
13 . A soils investigations report shall be submitted to the weld County
Building Inspection Division prior to the issuance of building permits
for any additional structures on the site . The soils investigations
report shall be conductedby a qualified soils engineer so that the
engineering properties of the soils can be determined and proper
foundation design criteria formulated.
14 . One sign not to exceed 18 feet in height and 80 square feet per
face may be constructed on the site as shown hereon. One portable
sign not to exceed 32 square feet per face may be used for temporary
advertising of seasonal products and/or produce.
15 . 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 .
COMMENTS:
1 . To date, our office has received one letter of opposition to this
request from a property owner residing within 500 feet of the
property under consideration. A copy of the letter is in the
attached materials.
2. The City of Greeley Planning Commission ' s recommendation for approval
included a condition that stated : "with further development, curb,
gutter, and sidewalk shall be provided for 65th Avenue. " The
Department of Planning Services staff is of the opinion that this
is not a reasonable condition to be placed on the site at the
present time. This issue should be dealt with at the time the
site develops further .
Affidavit of Publication
STATE OF COLORADO, 1
55.
County of Weld,
L y_%%L/l of
i
said County of Weld, being duly sworn. say that
I am publisher of
that the same is a weekly newspaper of general
circulation and printed and published in the
town of _ ✓ 14%'.z 'f _ - _- NOTICE OF PUBLIC HEARING
The Weld County Planning
in said county and state: that the notice cr adver- Commission will conduct a public
tisement, of which the annexed is a true copy, hearing on November 6,1979 at 1:30
p.m. to review a request for
has been published in said weekly newspaper approval of a change of zone from
/ "A" Agricultural Zone District to
for __. -_ consecutive "B" Business Zone District with a
weeks- that tho notice was published in the Unit Development Plan from Mon-
rico and Aletha Lehnert on a parcel
regular and entire issue of every number of said of land described as Pt.5E'4SW'4,
newspaper during the period and time of publi Sec 16 T5N, R66W of the 6th p.m.,
Weld County, Colorado containing
ration cf said notice and in the newspape: 0.790 acres more or less.
proper and not in a supplement thereof: shot the This public hearing to be held by
the Weld County Planning Commis-
first publication of said notice was contained in sion for the consideration of the
the issue of said newspaper bearing date the above reference request will be.
conducted in the Weld County
day of �.b,.-414::LYC , A.D.. 19/_J; Commissioners' Hearing Room,
First Floor, Weld County Centen-
nial the last publication thereof, in the issue o- nial Center, 915 10th Street,
said newspaper bearing date, the ,c6' day cf Greeley, Colorado. comments or
objections related to the above
19 %f'.: that the said request should be submitted in
writing to the Weld County Depart-
ment Ic:ctY(r_�l�<-?.UlCL_ of Planning Services,915 10th
I Street, Greeley, Colorado 80631,
riGQ.1C;/-_. _ __.___._ before the above date or presented
has been published continuously and uninterrupt. at the public hearing on November
6, 1979.
edly during the period of at least fifty-two con- copies of the application are
secuhve weeks next prior to the first issue thereof available for public inspection in
containin said notice or advertisement above the department of Planning 5er-
9 vicese Room 310, Weld County
referred to; and that said newspaper was at the Centennial Center, 915 10th Street,
time of each of the publications of said notice. Greeley, Colorado 1356-4000 exten-
sion 404).
duly qualified for that purpose within the mean- Chuck Carlson, Chairman
ing of on act, entitled. -An Act Concerning Legal Weld County Planning Commission
Published in the Platteville
Notices, Advertisements and Publications, and Herald,La Salle Lewder,Thursday
the Fees of Printers and Publishers thereof, and September 20, 1979.
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 8, 1931.
1/"
Putyusher
Subscribed and sworn to before me this
— _
day of _. '/'1" A.D., 197/q :
l try' J�,, ,:�
My commission expires -__a-7.-' .
Notary Public
4,
'i :lbyy
REZ INC APPLICATION :;ASE # : Y� + Le
Dept . of Planning Services App. Ch' d„ By : ('.+�' Date Rec ' d : Cif f:H
915 10th Street App . Fee ::-, 0„.',7) .00 Receipt # :
Greeley, Colorado 80631 Record . Fee : hc.) ,c , Receipt # : 0.4,••
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 unincorporateq
area of Weld County, Colorado : LEGAL DESCRIPTION : Sr H HALF E S'2)
i. � =SEC 7 Olt' /(c . _ _._ ;v J/7/P /b'•-'/Jrti. 7 A/..'«E_ CF 1 '-'L
p. to • . .: J r t-cr' ELL /J, re (-O/= .
)t-.e- AT' •_(-1 5 ii/Ec- T l"-0/l St-/V} y(17/;,--s LCc•-/A,L.
'F_ 5 I /P Ti_; V'.
(If additional space is required, attach an additional sheet)
Property Address (if available) : /7Z-7,-..", 7 &57"- P\c •
PRESENT ZONE Aj.,f,',7• //___.-77_;(7 ff PROPOSED ZONE 3;J_a/PJ(-; ;TOTAL ACREAGE .770
OVERLAY ZONES
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING :
Name : w/ciVii:tCC AN 1-3f\clf4E-A LE 1\16 r Home Telephone JJ : 55 - S l33
Address : p,712 i le5tAAvf . Bus . Telephone # : 37 ' -,2. 3�, "
�- irtLE / Co •
Name: Home Telephone # :
Address : Bus . Telephone ¶ :
Name : Home Telephone # :
Address : Bus . Telephone ii :
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 : c..,%/{ TF C= c"c_ c _' /1 : ;r,
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 ) _ 7�
STATE OF COLORADO ) ' t `�' t J
-/ . ,-, • -
fan. _ e : Owner or
Autho •'zed Agent
Subscribed and sworn to before me thi` / da /o . , 1979.
SEAL
TARY commission expires :
My couission expires : / . , o.7 / / 9/:$
A Parcel of Land situate n the Southeast Quarter (SEa ) k the .,outhwest Quarter (SWw)
of Section 16, Township 5 North, Range 66 West of the 6th Principal Meridian. Said
Parcel of Land is a portion of Tract A as described in Book 784 as Reception No. 1705541
in the records of the Weld County Clerk and Recorder's office.
Commencing at the South Quarter Corner (S Cor) of said Section 16 and considering the
South line of said Section to bear S 90°00'00" W, and with all other bearings contained
herein being relative thereto; Thence N 13°49'42" W, a distance of 102.98 feet to the
intersection of the Westerly Right-of-Way line of Weld County Road 29f (65th Avenue)
and the Northerly Right-of-Way line of US Highway 34 By-Pass ; said point being also the
True Point of Beginning of Parcel "A" conveyed by Kenneth A. and Wilma F. Batemen to
Weld County, Colorado for Right-of-Way described and recorded in Book 647 as Reception
No. 1569467 in the records of the Weld County Clerk and recorder's office; said point
being also the True Point of Beginning of this Parcel .
Thence S 90°00'00" W, a distance of 77.37 feet along the Northerly Right-
of-Way line of US Highway 34 By-Pass;
Thence S 64°10'21" W, a distance of 100.30 feet along said Northerly Right-
of-Way line;
Thence N 00°28'44" W, a distance of 224. 16 feet;
Thence N 89°30'50" E, a distance of 189.75 feet;
Thence along the arc of a circular curve to the right, not tangent to the
preceeding course, whose radius is 2960.00 feet and whose chord bears
S 06°20' 18" W, 183. 18 feet to the True Point of Beginning.
Said Parcel of Land contains 0.790 Acres more or less.
SURVEYOR'S CERTIFICATE
I hereby certify that this plat was prepared under my supervision; and that the same
is correct to the best of my knowledge and belief.
Merlyn R Mead
Registered Colorado
Land Surveyor # 12855
Se
f
September 2, 1979
Monrico Lehnert
2727 65th Ave .
Greeley, CO 80631
Department of Planning
Weld Co. Colorado
:ear Sirs:
The following are statements in regard to rezoning
and specifically pertain to sections 81.7.11.11 and
81.7.11.5.
81.7.11.6
The proposed rezoning is consistent with the Weld
County Comprehensive Plan because the intersection
being considered is already designated as a neighbor-
hood convience business centers by the City of Greeley's
projected growth and expansion plan.
81.7.6.5
The surrounding land use is a combination of agri-
culture, business, commercial and residential.
From an agricultural point of view we have already
been approached by our neighbors to sell their farm
products, corn, honey, squash and press their apples
into cider.
We have a veterinary clinic to the west of us, and
a horse business to the east. Also a mile east,
along 3k Bypass there is commercial property. To the
north the zoning consists of rural residential and
business (with a restaurant, Aims College, offices,
Family Sports Center and several other businesses) .
In regard to the rural residential zoning our business
would be a real benefit, offering neighborhood agri-
cultural items, as well as eggs, bread, milk and other
food staples, health aids, (aspirin, band-aids, etc.)
newspapers, and other necessary items requested by
people in the area. Operating hours would be from
9:00 to 6:00 (This could be varied to better meet the
needs, if necessary) . The nearest store is approxi-
5 6 7 89.- mately 6.5 miles so a business of this type would
Hebb( 4. 07/ be an important asset to our area. Also because of
r� the westward growth of Greeley there are more people
SEP 1979 ic;) to take advantage of a corner store.
RECEIVED Ln
Thank you for your consideration in this matter.
Wel Ma
00
Ran Cormitict �S, Sincerely,
81.7.h.6 The building is presently being serviced
with water from the City of Greeley.
A sewage system, when the need arises, will
be serviced by a septic system.
( / )
;F% United States Soil
4 .9 ) Department of Conservation
ss_% Agriculture Service
4302 W. 9th St. Road, Greeley, CO. 80631 August 13, 1979
Ms. Althea Lehnert
2727 65th Avenue
Greeley, CO, 80631
The following comments are in relation to your request for soil information
regarding a change of zone, Agriculture to Business, 2.8 acres located in
the southeast corner of the SO4 of Section 16, Twp. 5N, Range 66W, Weld
County, Colorado.
The entire site is made up the the soil type Olney fine sandy loam, 1 to
3 percent slopes (21B-B). This is a deep, well drained soil, that when
irrigated is considered prime farmland. Without irrigation, it is not
considered to be high potential cropland. This particular soil has only
slight limitations for the construction of small commercial buildings
which may be associated with business zoning. These slight limitations
s'.:]ould not pose any problems for the intended uses. An on-site investiga-
t1on should be made if conditions at the site differ from those described
i the enclosed soil description to determine proper design requirements.
If you have any further questions, please feel free to contact this office.
Si erely,6Ronald D. Miller
District Conservationist
Greeley Field Office
Enc:
cc: Weld County Planning Commission
1
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OCTOBER 1974 SOIL CONSERVATION SERVICE I la qt,
SOIL MAP
I
Owner Althea Lehnert Operator
County WELD State Colorado ;
Soil survey sheet(s) or code nos. YE-7DD-219 Approximate scale 411 = 1 mile C.LL
" Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating
tl with West Greeley Soil Conservation District
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REFERRAL LIST
APPLICANT rorrico and F_lthea :ebnert
CASE # 7-328 : 79 : 12
REFERRALS SENT OUT ON : September 11 , 1979
cn o
r.4 REFERRALS TO BE RECEIVED BY October 10, 1979
1-4 O.i U)
H 2
U U O
H W
h W Un x�
W[
O U Ri
z ca' z
n REFERRALS RECEIVED
{ X • ``g SEP 18 1979 _ County Attorney
X SEP 2 8 1919 ` County Health
c _ X t7' SEP 1 31379 ', County Engineer , _
Greeley Planning Commission 1. t.
c/o John Given
,„ x OCT 1 1979 Greeley Planning Department
Civic Center, Complex
919 7th Street a
Greeley, Colorado -4'1.20631
State Highway Department
X OCT 10 19 1420 2nd Street
Greeley, Colorado 80631
Colorado Geological Survey
Dave Shelton
X I SEP 2 1 1379 1313 Sherman Street
Room 703
Denver, Colorado 80302
N0V C„1979 Jerry. Kiefer-
- ,-, - '
2120 Fairway Lane ,
,: Greeley, Colorado 80631
' Soil Conservation Services
X , P. SEP 2 g'1919 , 4302 West 9th Street_ Road
` 'Greeley, Colorado '... 80631 '
- ..
'?r
FIELD CHECK
FILING NUMBER: Z-328: 79 : 12 DATE OF INSPECTION : 10/12/79
NAME: Monrico and Althea Lehnert
REQUEST: C0Z "A" to "B" with a Unit Development
LEGAL DESCRIPTION: Pt. SEl SW!, Section 16, T5N, R66W
LAND USE: N Residential
E Residential
S Agricultural/Highway
jq Residential
ZONING: N Estate
LOCATION: Northwest corner of the E Estate
intersection of 65th Avenue and S Agricultural
Highway 34 Bypass _ W Agricultural
COMMENTS :
Parcel contains a Cherry Cider commercial/retail outlet and parking area.
The parcel has access from 65th Avenue and the highway frontage road . There
is a 'ima11 orchard_with young app 1P trEPs to tha north of thi_s_property_
There appears to be a residence connected to the orchard with separate
access to 65th Avenue. The area is primarily residential with small
areas of pasture/natural grasses.
BY: � \C� �.C'CC-- \st,c
x .Y
ofCo0
NTH "'`'" 7 COLORADO STATE DEPARTMENT OF HIGHWAYS
* 4 t,
�„_` /,., ± DIVISION OF HIGHWAYS Weld County
\Isio * SH 34 Bypass
Lehnert Zone Change
October 10, 1979
NW Corner of 65th
Ave. & 34 Bypass
Mr. Chuck Cunliffe DOH FILE 45100
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
We have reviewed the Monrico and Althea Lehnert application for a zone change,
and we have the following comments.
1 . It is possible that an interchange will become necessary at 65th Avenue and
U.S. 34 Bypass as more development occurs in the surrounding area. The City
of Greeley's Comprehensive Plan does show an interchange at this location.
We do not object to this zone change or the building location as shown. How-
ever, we do ask that any additional structures on this tract be located at
the north end of the property in order to avoid potential conflicts due to
interchange construction.
2. Access to this site currently exists in the form of a driveway onto the asphalt
service road. We do ask that consideration be given to moving the proposed
driveway on 65th Avenue as far north as possible. The increased separation
from the service road will allow for safer turning movements at the driveway
and at the frontage road intersection.
Thank you for the opportunity to review this application.
Very truly yours,
DWIGHT M. BOWER
c-11-127 DISTRICT ENGINEER
' �u,S co cr QC1 J O -_.
bctTO
�, co
ti
Ki «.t-4 11 t, A
F) Nan�`a�C°� v' Albert Chotvacs f/7.
�qe.6 .0' Assistant District Engineer
�1i c �L�'
AC:da
cc: D. M. Bower
D. N. Fraser (2)
File: Crier-Jacobson via Rames-Finch-Graham
w/encl .
P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 4
y
Ili )
till - *.ri-
n5
GREELEY CIVIC CENTER
GREELEY. COLORADO 60631
PHONE ,3031 353-6123
September 28 , 1979
Charles Cunliffe
Assistant Zoning Administrator
Weld Department of Planning Services
915 Tenth Street
Greeley, CO 80631
Dear Chuck :
At its regular meeting on September 25 . 1979 the Greeley Planning
Commission considered the request by Monrico Lehnert for a rezon-
ing from Agricultural to Business with a Unit Development filing
for property located northwest of 65th Avenue and U. S . 34 Bypass .
The Planning Commission recommended approval of the request since
the rezoning request appears to be consistent with the policies
of the Greeley Comprehensive Plan. The recommendation for
approval was conditioned upon the Unit Development Plat being
amended to accomplish the following :
1) Improve the parking area with asphalt or concrete by
September 1 , 1980 after approval of a drainage plan for
the improvement.
2) Relocating the access onto 65th Avenue to a point a
minimum of 100 feet north of the north edge of the
highway frontage road.
3) Buffer along the western edge of• the property via a
combination of landscaping , berming , and/or fencing .
4) An additional 10 feet of right-of-way should be dedicated
for future needs along the west side of 65th Avenue which
is a proposed arterial .
"A COMMUNITY OF PROGRESS"
Charles Cunliffe
September 28 , 1979
Page 2
In addition to these recommended changes to the Unit Development
Plat , the Planning Commission recommendation for approval was
further conditioned upon the Unit Development filing including
the following standards :
1) Setbacks for structures and/or parking areas should meet
the following minimums :
a) Front yard and side yard (on street) - - 25 feet
b) Side yard interior and rear yard- - 25 feet or twice
the height of the building within the property , which-
ever is greater.
2) No more than 85% of the total property should be covered
by structures , gravel , or paved areas .
3) Lighting provided for off street parking spaces should be
arranged so as to minimize illumination onto adjoining
property.
4) With further development , curb , gutter , and sidewalk shall
be provided for 65th Avenue .
If you have any questions with regards to this matter , please do
not hesitate to contact our office for clarification. Thank you
for the opportunity to review this rezoning request .
Respe tfull ,
John Given
Current Planner
JG :ka
OCT 1y7s
CP
ix;
RECEIVED D
Weld County 1
c-, Planning C"mnission
•
x
Akelltclitio
tli , .+ et co `4•4k1414
�f
RICHARD D_ LAMM yr � _yr JOHN W. BOLD
GOVERNOR # ♦ Director
1876
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET
DENVER,COLORADO 80203 PHONE (303) 839-2611
September 19, 1979
Weld County Planning Department
915 10th Street
Greeley, Colorado 80631
Department Members: RE: CASE NO. Z-328:79:12
LEHNERT SUBDIVISION
We have reviewed the plat and supporting documents for the proposed zoning change and
development. Windblown deposits of sand, silt, and clay are known to exist in this
area, and special foundation design or preparation of bearing soils may be necessary to
prevent excessive differential settlement of the proposed structures. Therefore, we
recommend that soils investi-gations be conducted by a qualified soils engineer prior to
construction so that the engineering properties of the soils can be determined and proper
foundation design criteria formulated.
No other geologic hazards nor serious constraints are known or suspected to exist on this
property.
Sincerely,
James N. Price
JNP/gp
cc: Land Use Commission ..
SEP ]979 6
— RECEIVED
ca
r., Weld County ;o
Napping Commjssin, O,
q5 SW
GEOLOGY . 4. .
STORY OF THE PAST . . . KEY TO THE FUTURE
mcimonn to
A 0 To
Chuck Cunliffe Date September 1.3 . 1979
O .
COLORADO From Drew Scheltinqa, Engineering Manager
Subject. Lehnert Change of Zone
The Engineering Department has reviewed the site plan and has one (1)
comment. There should
om service roadwestof site
65th Avenue. The proposed entranceonto r the
65th
Avenue should not be allowed.
\ C
Drew Scheltinga
Engineering Manager
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Q 'EP 1979
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Monrico and Althea Lehnert
Z-328 : 79 : 12
SURROUNDING PROPERTY OWNERS
September 12 , 1979
James Emmett
6525 West 28th Street
Greeley, Colorado 80631
Wayne A. and Joan R. Wagner
2680 63rd Avenue
Greeley, Colorado 80631
David E. and Gretchen L. Clark
2655 65th Avenue
Greeley, Colorado 80631
Judy A. Edgar
4229 West 20th Street
Greeley, Colorado 80631
Duane and Deanna Ullman
6425 28th Street
Greeley, Colorado 80631
Terry A. and Ellen A. Colegrove
2645 64th Avenue
Greeley, Colorado 80631
James E. and Mae L. Luttrell
6415 28th Street
Greeley, Colorado 80631
Carl and Ezra Meyer
2925 23rd Avenue
Greeley, Colorado 80631
Heirs of Harry and Emma Lesser
6330 49th Avenue
Greeley, Colorado 80631
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FILE CONTAINS
OVERSIZED MAP
PLEASE SEE ORIGINAL FILE
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