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Home My WebLink About820039.tiff AR 18=9796 Ft "8 REC 01979796 01 /13/9: 09 : :: 1 $0. 00 1 /004 MARY ANN FEUERSTF:IN, CLERK & RECORDER, WELD COUNTY, CO RESOLUTION RE; GRANT CHANGE OF ZONE FROM I-1 INDUSTRIAL TO A-AGRICULTURAL FOR THE WELD COUNTY PLANNING COMMISSION 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 6th day of January, 1982 at 2 : 00 o' clock p.m. for the purpose of hearing the application of the Weld County Planning Commission requesting a change of zone from I-1 Industrial District to A-Agricultural District for the following described parcel of land, to-wit, Attached exhibit "A" is incorporated herein by reference. WHEREAS,Section 21. 6. 2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commis- sion, and having been fully informed finds as follows: 1. The request is in conformance with Section 21. 2 and 21. 3 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21. 5 of the Weld County Zoning Ordinance as follows: a) The proposal to rezone to agricultural is consistent with the Weld County Comprehensive Plan. This area (according to the Plan) is considered not for urban uses and zone districts; rather is is considered for rural and agricultural uses. Recent changes in the zoning regulations of the County provide, in accordance with the plan, that uses such as the American Telephone and Telegraph facility may be uses by Special Review in the Agriculture District, thereby permitting uses and their underlying district in conformance with the plan. b) The uses to be allowed would be compatible with surrounding agricultural uses. The present use (a microwave and cable communication relay) does net encroach or in other ways effect the adjdacent agricultural uses. Any other agricultural use on the site would also be compatible. c) Adequate utilities are presently on the site and it is served by 1-25 Frontage Road. d) No overlay districts, commercial minerals or moderate soil problems affect the request, and WHEREAS, the present use on said property is considered to be similar to uses identifyed as a Use By Special Review and shall be considered as such so long as the use complies with the general intent 82OO39 f B 095 .t 1..::C 01879796 01 /13/82 0' . .1 $0.00 2/004 MARY nrw Ff:oUERSTEIN, CLERK & RECORDER, WIEE:L..S) COUNTY, CO Page 2, COZ, I-1 to A of the Agricultural Zone District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the application of the Weld County Planning Commission on the above referenced tract of land be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of January, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO l )l ) J yin T. Martin, Chairman pp C ck Carlson, ro Tem ABSENT Norman Carlson C. Kirb+ e K. Stei rk ATTEST Weld County Clerk and Recorder and- C erk ,tothe BD d `BY" : d iP Deputy County C erk APP LOVED AS TO FORM: j 2�� l County� At orney DATE PRESENTED: January 11, 1982 A public hearing was conducted on January 6 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER EXCUSED BILL KIRBY COMMISSIONER 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 23 , 1981 and duly published December 3 and 24 , 1981 in the Johnstown Breeze a public hearing was held on the request of the Weld County Planning Commission for a CHANGE OF ZONE FROM I-1 to A, 66-4-35. Mr. Anson reviewed the notice. Mr. Honn stated that this request was initiated by the Planning Commission. They asked the planning staff to review several parcels that are currently inconsistent with the WC Comprehensive Plan or under the new zoning ordinance they are uses that are allowed in different zones. Tom reviewed the Planning Commission' s favorable recommendation and comments. The present facility located on the property is a micro- wave and cable communication relay owned by ATT (American Telephone and Telegraph) . The original change of zone, A to S, was done in 1967 and there are no development standards or planned unit development guidelines. If the proposed COZ is approved the facility will be considered to have a USR. If the owners wish to expand the facility they will have to apply for a USR for that expansion. This request has been discussed with AT&T and they are in agreement with the proposed request. Following discussion Commissioner Steinmark made a motion to approve the COZ for I-1 to A for the AT&T facility for the reason that there has beta change in conditions, the Board has adopted new zoning regulations which provide for the use in the A zone district with a special use permit classification. Commissioner Kirby seconded the motion and it carried unanimously. ,CHAIRMAN v,. BOARD OF COUNTY COMMISSIONERS ATTEST: if . WELD COUNTY CLERK AND RECORDER CND_,CLERK TO THE BOARD puty Coun y Clerk DOCKET# 81-60 TAPE# 82-1 LHR 368 Greeley, Colorado from the Office of THE BOARD OF COUNTY COMMISSIONERS November 30 , 1981 WELD COUNTY, COLORADO -Publisher: -Please insert the enclosed notice in your issue, the week of December 21, 1981 , one time only. After publication, please send us your statement for same along with an affidavit of publication and we will remit accordingly. Thank you for your cooperation. Sincerely, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • -BY: Mary Ann Feuerstein DOCKET NOS. 81-58-60 -County Clerk and Recorder and Clerk to the Board BYE- _ c-z/4C Deputy County Clerk • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, 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 th-e 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 DOCKET NO. 81-60 Weld County Planning Commission -915 10th Street Dreeley, CO 80632 DATE : January 6, 1982 TIME : 2 : 00 P.M. '"'.QUEST : Change of Zone , from 1-1 to A LEGAL DESCRIPTION : Section 35, Township 4 North, Range 66 West of the 6th P .M. , Weld County, Colorado THE BOARD OF COUNTY COMMISSIONERS IMIJD COUNTY, COLORADO BY : MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: November 23 , 1981 PUBLISHED : December 3 and 24, 1981 in the Johnstown Breeze BEFORE I WELD COUNTY, COLORADO PLANNINC MISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS hate November 17, 1981 Case No. Z# - 353_81;7 APPLICATION OF Weld County Planning Commis@ion ADDRESS 915 10th Street - Room 342 Greel Moved by Jerry Kiefer 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 "I-1" ( Industrial District) to "A" ( Agricultural District) covering the following described property in Weld County, Colorado, to-wit: Part of the W1, Section 35, T4N, R68W of the 6th P.M. , Weld County, Colorado be recommend (favorably) Wnfaumettds70 to the Board of County Commissioners for the following reasons: 1. The request is in conformance with Section 21.2 and 21.3 of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows: - T-he proposal to rezone to agricultural is consistent with the Weld County Comprehensive Plan. This area (according to the plan) is considered not for urban uses and zone districts; rather it is considered for rural and agricultural uses. Recent changes in the zoning regulations of the County provide, in accordance with the plan, that uses such as the American Telephone and Telegraph facility may be uses by Special Review in the Agriculture District, thereby permitting uses and their underlying district in conformance with the plan. Motion seconded by: Bette Kountz Vote: For Passage Jerry Kiefer Against Passage Bette Kountz Bob Halleran Don Billings Mob Ehrlich Jack Holman Bill Diehl Fred Otis The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY 1, Bobbie Good , -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 17, 19sz and recorded in kook No. VTT of the proceedings o7 the said Planning Commission. Dated the 18th day of November 5 19 Al . Secretary Z-353 Weld County Planning Commission Change of Zone from "I-1" to "A" gage 2 - The uses to be allowed would be compatible with surrounding agricultural uses. The present use (a microwave and cable communication relay) does not encroach or in other ways effect the adjacent agricultural uses. Any other agricultural use on the site would also be compatible. - Adequate utilities are presently on the site and it is served by I-25 Frontage Road. - No overlay districts, commercial minerals or moderate soil problems affect the request. Date: wember 17, 1981- CASE NUMBER: Z-3-33 NAME: Weld County Planning Commission REQUEST: Change of Zone from "I-1" to "A" LEGAL DESCRIPTION: Part of the W1, Section 35, T4N, R68W of the 6th P.M. LOCATION: A. T. & T. Site — 2 -miles northeast of Mead THE IMPARTMENT OF PLANNING -SERVICE'S STAFF -RECOMMENDS THAT -THIS REQUEST BE approved FOR THE _FOLLOWING REASONS: 1. The request is in conformance with Section 21.2 and 21.3 of the Weld County Zoning -Ordinance. 2. The request is in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows: - The proposal to rezone to agricultural is consistent with the Weld County Comprehensive Plan. This area (-according to the plan) is considered not for urban uses and zone districts; rather it is 'considered for rural and agricultural uses. Recent changes in the zoning regulations of the County provide, in accordance with the plan, that uses such as the A. T. & 'T. facility may be uses by Special Review in the Agriculture "District, thereby permitting uses and their underlying district in conformance with the plan. - The uses to be allowed would be compatible with surrounding agricultural uses. The present use (a microwave and cable communi- cation relay) does not encroach or in other ways effect the adjacent agricultural uses. Any other agricultural use on the site would also be compatible. - Adequate utilities are presently an the site and it is served by I-1.5 Frontage Road. - No overlay districts, commercial minerals or moderate soil problems affect the request. REH:rjg B-1S / / on,. 01 n. r Z. - 353 : 81 :7 :EZONING APPLICATION ase #2-3,53: S / .. 7 Dept. of Planning Services App . Ch' d B : Date Recd : -913 10th Street App . Tee : 43/4 _ Receipt # : AEAGreeley, Colorado 80631 Record. Fee : big— Receipt II : N /A__ Phone : 35-6-4000, Ext. 400 TO 3E 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: SEE ATTACHED (If additional space is required, attach an additional sheet) Troperty Address (if available) : PRESENT ZONE I-1 PROPOSED ZONE "A" TOTAL ACREAGE 22.5 OVERLAY ZONES N/A SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING : Name: American Telephone and Tel-graph_ea,. Home Telephone # : Address : Bus . Telephone # : Name : _ Home Telephone # : Address : Bus . Telephone # : Name : Home Telephone ]k : Address : Bus . Telephone # : Applicant or Authorized Agent (if different than above) : Name : Weld Caunty_Planning Commission _ Home telephone # :356-4000 Address : 91.5 10th Street - Room 347 Bus . -Telephone #:-f;Xt 400 Greeley, rolnradn 20611 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor ' s Office : Name: Union Pacific -Land Resourc-es Corp. Address : c/o K W. Teague 7878 Wadsworth Blvd Arnada rn Rnnn4 _ Name : Address : Name: Address : I hereby depose and estate 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 ) (1 Signature : Owner or Authorize. :ent U d sworn to before me this 28th nay of October , 1981 k NOTARY PUBLIC My c Tsion expires : 7C RESIN Z-353. -1 CHANGE OF ZONE s. ulot'AM I Fi A port of the WI/2 of Section 35, �\ 3b Township 4 North, Range 68 We 34 Wet. - TAN Scale: I" = 2O00' _ — \ ZoneChange -Arm LEGAL DESCRIPTION A parcel of land as shown on a plat recorded on December 20, 1976 in Book 784 under reception number 1706284 and described in a -County Commissioner's Resolution recorded on December 20, 1976, in Book 784 under reception number 1706283 more particularly described as follows: Commencing at a RR spike set this survey at the SW Corner of the W1 o₹ Section 35, Township 4 N. , -Range 68 West o₹ the 6th P.M. , -'hence N 000 24' 06" East along the West line of the W1 of said Section 35, a distance of 2,002.95' to the point of beginning; thence N 000 24'06" East along said West line, a distance of 660.D0' to a RR spike set this survey at the W1 corner of said Section 35; thence N00° 24'06' East along said West line, a distance o₹ 330.D0' thence S -89° 35'54" East a distance of 50.00' toe concrete monument on the East right-of-way line of Interstate Highway 25; thence - 339° 35'54" East, -a distance of 990.00' to a concrete monument; thence S 00° 24'06" West, -a distance of 990.00' to a concrete monument; thence N 89° 35'54" West, a distance of 990.00' to a concrete monument on the East right-of-way line of Interstate -Highway 25; thence N 89° 35'54" West, -a distance o₹ 50.00' to the point of beginning, containing 22.5 acres, more or Jess, exclusive of the West 50.00' of the -above described land now used for Interstate Highway 25 right-of-way. APPLICANT'S REQUEST: I, Chuck Cunliffe , as authorized by the Weld County Planning Commission, do hereby request a Change of Zone on the aboved described property. CAa7yfv C� Chuck Cunliffe, Weld County Plann Director ' going certification was acknowledged before me this the 2Bthday of - 'ober , A D. 1981. Witness my hand and seal. "ommiision expires: 3\23474.59 t‘ retorts -4.1._%delWarnem•DO s Notary Public PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commission Aloes hereby recommend to the Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption o₹ this Zone Change as shown and described -hereon this _lay of , 1981. Chairman, Planning Commission • Change of Zone "I" to "A" A-part of the W1, Section 35, T4N, R68W of the 6th P.M. , Weld County, Colorado Page 2 BOARD OF COUNTY COMMISSIONERS' CERTIFICATION: This is to certify that the Board of County Commissioners, Weld County, Colorado do hereby confirm, approve and adopt this Zone Change as shown and described hereon this day of 1981. ATTEST County Clerk Chairman, Board of County Commissioners Deputy id. }`_.: ij '('::.C 01879796 01 /i3/82 09 : 5i $o..00 3/004 MAI ANN FEUEE:R.S"T'E::IN, CLERK & is ORDER, WELD COUNTY, CO EXHIBIT "A" RS8W Z-353 CHANGE OF ZONE eller #opt A _part -of the W 1/2 of Section 35, Township 4 North, Rnngefs8 West. 34 _3_5 T4N \\\ T � i 1"= 2000' ��! \ Zone Change Area LEGAL DESCRIPTION i/ip 6740 145 I lw A parcel of land as shown on a plat recorded on December 20, 19-76 in Book 784 under reception number 1706224 and described in a County Commissioner' s Resolution recorded on December 20, 1975, in -Book 724 under reception number 1706283 more particularly described as follows: Commencing at a RR spike set this survey at the SW Corner of the 411/2 of Section 35, Township 4 N. , Range 68 West of the 6th P.M. , Thence N 00° 24' 06" East along the West line of the W1 of said Section 35, a distance of 2,002.93' to the point of beginning; thence N 00° 24'06" East along said West line, a distance of 660.00' to a RR spike set this survey at the W1 corner of said Section 35; thence N00° 24'06' East along said West line, a distance of 330.00' thence S 89° 3554" East a distance of 50.00' to a concrete monument on the East right-of-way line of Interstate Highway 25; thence S 89° 35'54" East, a distance of 990.00' to a concrete monument; thence S 00° 24'06" West, a distance of 99-0.00' to a -concrete monument; thence N 89° 35'54" West, a distance of 9913.00' -to a concrete monument on the East right-of-way line of Interstate Highway 25; thence N 89° 35 '54" West, a distance of 50.00' to the paint of beginning, containing 22.3 acres, more or less, exclusive of the West 50.00' of the above described land now used for Interstate Highway 25 right-of-way. APPLICANT'S REQUEST: I, Chuck Cunliffe , as authorized by the Weld County Planning Commission, do hereby request a Change of Zone on the aboved described property. COL- . Ct .Sn Director . Chuck Cunliffe, Weld County Plann D r • 'egoing certification was acknowledged before me this the 28thday of ` 3 sc -obey , A.D. 1981. Witness my hand and seal. J-214 ommission expires : S':1,3'72 mac Notary Public PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commission does hereby recommend to the -Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this Zone Change as shown and described hereon this /7 day of .40t9,2„..1..64.. , 1981. Chairman, Planning ssion I' 0958 REC 01 t, 9796 01 /1 :3/82. 09 : 51 . J,00 4/004 MARY ANN FE:t.11MSTEIN , CLERK & RECORDER, WELD COUNTY, CO Change of- Zone "I" to "A" A part of the W1, Section 35, T4N, R68W of the 6th P.M. , Weld County, Colorado Page 2 BOARD OF COUNTY COMMISSIONERS' CERTIFICATION: This is to certify that the Board of County Commissioners, Weld County, Colorado do hereby co firm, ap rove and adopt this Zone Change as shown,and described hereon this day of 4(fj 198Q. \tn 4 111, L;t vVvt l drg iM%a 11 ATTEST County Clerk �t n ( /y/yv T. )-k? astAi4L 0. Chairman, Board of County Commissioners • f t , Deputy • 1 -I- Oda "Plaktvio Comm ss('otA, has a ro Yaws aw4 stdJk 4 0011(441.s areas wii'b l 1 Goat m lac. phedl +o clasp, ica� w aft acre ina� ffIIf nsis}evnt vi L &t Co feketits oe R . Tis case is one which AP au�. L �lomtnwi Cbm- wtissio►t hQs reotewed cw'd feels 4k1 rtsu \t )oni4Ag p1 diksia1) mcujnoll be consis}ever. u�+t4ku + ?btu/pose. ivy - imaq k)he,h on i eta, leaned (a. pm k v „ALL ye pealed 51-4-1-1V1/4 cu'id cable °1umc low sko ovt) would punett a uze whtdn +od .00ui d he a ace lottriqtek okr, if enlaue a - b Spiel V.etoiew w•. -I-k A- G�tc\vI'cR( `hwa t District): dctJLwetQ 1ts�r i - would lot cotnsis-4e l umik Ng_ ComAt Plamningeowti65 cot& leas 4-61 r-it\ h(�U 1iS case te. broaq�i b2 �m '�cr�nsic�aiin as a re bn r uesh 9-11-81 HMG Rezoning Area Property Owner American Telephone and Telegraph c/o Mr. Harold Hawlett 1005 17th Street Rm 1970 Denver, CO 80202 Surrounding Property Owners Dennis A. and Carolyn I. Seewald NE1 34-4-68 18442 WCR 13 Johnstown, CO 80534 Gilman E. Olson S1 34-4-68 17820 1-25 Platteville, CO 80651 Glen S. Douthit SW1 35-4-68 exc. and c/o Greeley National Bank Trust Dept. NW$ 35-4-68 exc. 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