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Home My WebLink About820051.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ARZ905665 RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL DISTRICT) TO C-2 (COMMERCIAL DISTRICT) FOR HAROLD O. AND CHARLOTTE L. MAGNUSON 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 7th day of July, 1982, at 2 : 00 o' clock p.m. for the purpose of hearing the appli- cation of Harold O. and Charlotte L. Magnuson, Route 1, Box C-1, Tunas, Missouri 65754 , requesting a Change of Zone from A (Agri- - cultural District) to C-2 (Commercial District) for a tract of - land located in the Southwest Quarter of Section 24 , Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described in Exhibit "A" , attached hereto and incorporated herein by reference, and 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 4, z of the applicant and the recommendations of the Weld County Plan- 7 C. Wing Commission, and having been fully informed finds as follows : 1. The applicant has satisfied the minimum requirements for submission as set forth in Section 21. 7 of the Weld County Zoning Ordinance. iy 2. The following findings can be made pursuant to Section 21. 5. 1. 1 of the Weld County Zoning Ordinance: a) The proposal for -commercial designation is consistent with the Weld County Comprehensive Plan. The site is located within the City of Greeley Comprehensive Plan Area and close proximity to the City of Evans . The County' s Plan encourages commercial development to locate within the incorporated areas of the County. The City of Greeley Planning Commission recommended no objection (the Greeley plan indicates a "neighbor- hood commercial" designation in the general area. ) The City of Evans Planning Commission indicated a C-3 classification would not be acceptable; however, a more restrictive classification would be acceptable; b) The proposed C-3 designation, which is intended to provide areas for general public use requiring larger amounts of space and typically generating high traffic volumes, includes uses which are not typically compatible 82OO51 LHR 2123 PAGE 2 COZ - MAGNUSON with and immediately adjacent to a residential neigh- borhood. The C-2 designation provides for general commercial activities but requires all business acti- vity, including storage uses, to be enclosed. Acces- sory uses such as parking, loading and trash storage areas are required to be screened from residential areas. With a C-2 district, therefore, a use area to service the neighborhood and areas needs if pro- vided but conducted in a compatible manner; c) Adequate water and sewer service is suggested via the Central Weld County Water District and the Hill-n-Park Sanitation District. Conditions regarding coordina- - ting these two services are provided below; d) Street facilities serving the property are designated as future arterials which are appropriate classifi- ti. s cations to serve commercial development. Conditions regarding adequacy of the rights-of-way are provided below; and e) There are no known Overlay Districts, Commercial LLi Mineral Deposits, or soil conditions which would affect development of the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- cc missioners of Weld County, Colorado that the application of Harold '� 0. and Charlotte L. Magnuson for a Change of Zone from A (Agri- cultural District) to C-2 (Commercial District) on the above referenced tract of land be, and hereby is , granted subject to z the following conditions : 1) the applicant shall agree to reserve twenty (20) feet additional right-of-way along the entire southerly portion of the site. A reservation instrument. shall be prepared by the ch applicant, and 2) _specific approval and tapaissuance from Central Weld County Water District and Hill-n-Park Sanitation District shall be presented as part of the required Site Plan Review materials before a building permit can be issued on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A. D. , 1982. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r z _. Z �/T(- C. i -•. Mart ha an •' A�Tt T'L.// C ck Carlson; Pro Tem EXCUSED WELD/MINTY CLERK AND RECORDER Norman. Clson AND ,CI4Ef�KC TO THE BOARD 1 f /7• X L , C. W. Kirby BY: IP/irr ai-eputy County -6ka'rk e K. einmark PPAS TO COUNTY ATTORNEY DATE PRESENTED: July 12, 1982 AK1 `9U aA _ I r'inl ' ANN I l.l6ia , fI I 1 /007 ,:(.1.L 1i I 003': N f LERK tt I Er f D I, WIELD CO, Cri 13,?gR AR1907276 .'E� REZON/NG PL A T CASE NO. Z-373:82: 15 LEGAL DESCRIPTION CAC A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY , COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,. 1.1 BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 24 AND CONSIDERING THE WEST LINE OF SAID SOUTHWEST QUARTER TO BEAR NORTH 00° 59' 40" WEST, WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 00° 59' 40" WEST, 700.39 FEET; THENCE NORTH 89° 01 ' 24" EAST, 439.36 FEET; THENCE SOUTH 01° 43' 21" EAST, 700.44 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST 9 QUARTER; 3 THENCE SOUTH 89° 01' 20" WEST, '448.26 FEET TO THE POINT OF BEGINNING. H. SAID TRACT OF LAND CONTAINS 7 . 136 ACRES , MORE OR LESS AND IS SUBJECT TO ANY RIGHTS-OF-WAY z OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON P SAID TRACT OF LAND. • APPROVALS APPROVED BY THE WELD COUNTY PLANNING COMMISSION 0 � ' 2- , 1982. C N, WELD C NT PLANNING C MI ION rr w APP , I EE8ARD OF COUNTY COMMISSIONERS ON y . ; ,�, � � / •-•� 1982. m r- ff &I _ ` A , �i H 1�{zdbllffD• 031` COUNTq a0 ¢ AID .• - ai • COUNTY CLERK AND RECORDER'S CERTIFICATE U THIS MAP WAS FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF WELD COUNTY, 1 COLORADO AT10 ;3sM. ON THE 6a DAY OF 0C.+46e. ►- A.D. , 1982. Co� �oZ `z' ut�a FILE NO. 3Z�iv BOOK ! 7 9 COUNTY CLERK RECEPTION NO. / 9O.SG ir4 BY: �JJ�e D TY This plat is being rerecorded to correct an incorrect zoning classification. The correct zoning classification is"C2" Commercial. McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 82 O 467 t �c'>` r{ 2 Af ,, r r':: •.I,. , '91 �hc'i� i :�. .,, r.c J ,?..; -••c . l:.V .. F '.:0336 i' • FtY nrtN I I:::Mil ' F I:N MINK n f,ri:CflrtDL IN! b.IF II} 0 , CO REZONING PL A T CASE NO. Z-373:82: 15 West Ovorter Corner "A" AGRICULTURAL See. 24, T. 54 R.66 W. E8 TO "C2" COMMERCIAL A/89° Or 24 " E 439. 36' el ' • IL 0 m. iv) Q o' so' i00' 150- 2007 • x ' n a ■ Pin Found � O k et. 0 Pin Set 3 or 7 /3GAcres o it ° _ 4 W a ..) W W O trj % 6 at h• I a c = o- I ° w o _ z Z ¢7. 7----zo• Rese°rvolion {or fi'/vre R.o.W � Fit/orfh line 9A-isfins R.O.W. (37f1, S7.)Weld Counts/ Road 54- (37th street) m S 89° Of 20" W 448. 26' 7Souffiwes-t Corner Sow% Ouort''r Corner Set-- 24, T 5,01., R.rob W. Sec. 24, 77 5A1., R.66 kl. fbin# o-( Beginning SURVEYOR' S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS PLAT AND LEGAL DESCRIPTION WERE PREPARED AND THAT THE CORNER MONUMENTS INDICATED HEREON WERE PROPERLY PLACED DURING AS ACTUAL AND ACCURATE SURVEY OF THE LAND COMPLETED ON MARCH 4, 1982. THIS SURVEY DOES NOT CONSTITUTE A REPORT OR OPINION UPON THE EXISTENCE OF EASEMENTS OR RIGHTS-OF-WAY , WHETHER RECORDED OR UNRECORDED AND IS NOT A REPORT OR OPINNION UPON ANY MATTERS OF TITLE. .t/r,?0 8 df V< ,y't 5T • ,pya c.f...4-4.7-17,277, -eet-c. GERALD B. McRAE, PROFESSIONAL ENGINEER AND a } °616 LAND SURVEYOR, COLORADO REG. NO. 6616 1'` - a n..' yhf"tityL, na McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 --� S; C „ A public hearing was conducted on July 7 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, JEANNETTE SEARS ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, ROD ALLISON The following business was transacted: I hereby certify that pursuant to a notice dated May 24, 1982, duly published June 3, 1982 and June 24, 1982 in the LaSalle Leader, a public hearing was held on the request of Harold 0. Magnuson and Charlotte L. Magnuson for a Change of Zone, from A (Agriculture) to C-2 (Commercial) District. Steven Sears was present representing the applicant. The Planning Commission recommended that this request be granted with conditions. Mr. Sears stated that the prospective purchaser plans to construct a commercial use on this property some time in the future,not immediately. This site is in the Town of Evans' planned development. Mr. Allison stated that the road adjacent to this property is planned to someday be an arterial road. After discussion, Commissioner Steinmark made a motion to approve this request, included the conditions, and changed the right-of-way dedication to a reservation. Commissioner Kirby seconded the motion and it carried unanimously.4ICII RMAN BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD /- -Deputy County lerk DOC1T# 82-31 TAPE# 82-46 LHR 2123 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 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 DOCKET NO. 82-31 Harold O. Magnuson and Charlotte L. Magnuson Route 1, Box C-1 Tunas, Missouri 65754 DATE : July 7, 1982 c/o Steve Sears 1221 8th Avenue TIME : 2 : 00 P.M. Greeley, CO 80631 REQUEST : Change of Zone , from A (Agriculture) to C-2 (Commercial) LEGAL DESCRIPTION: A tract of land located in the Southwest Quarter of Section 24, Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows : Beginning at the Southwest Corner of said Section 24 and considering the West line of said Southwest Quarter to bear North 00°59 ' 40" West, with all other bearings contained herein being relative thereto; Thence North 00°59 ' 40" West, 700. 39 feet; Thence North 89°01' 24" East, 439 . 36 feet; Thence South 01°43 ' 21" East, 700 . 44 feet to a point on the south line of said Southwest Quarter; Thence South 89°01 ' 20" West, 448 . 26 feet to the point of beginning. Said tract of land contains 7 . 136 acres , more or less and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO. BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: May 24, 1982 PUBLISHED: June 3 , 1982 and June 24 , 1982 in the LaSalle Leader LH 2 ca 3- LEGAL NOlld NOTICE Affidavit of Publication Pursuant b me zoning laws of the State of CMaado and the Web County Zoning Ordinance,a pbbIN —- hearing will be held in 1e, Chem hers of the Board of County STATE OF COLORADO, 1 Commissioners of •Weld County, ss. Colorado,Weld County Centennial County of Weld, Center, AS IOM Street, Greeley, ' Colorado,at the time specified.All persons Many manner interested in I, ZiZ-46; 7( /ice the following proposed Change of 1l` °l Zone are requested to attend and ✓ may be heard. said County of Weld, being duly sworn, s.y that • I am publisher of BE IT ALSO-KNOWN Mat'Me r �', text and meK W"cOMlfed by tae EL rt ��11 Lc�Ce..l/ County nanndgtranmffice of be examined.M'tM,Office M me that the same is a weekly newspaper of general clerk to the'-Bard of the County Commisioners,tocated Mthe Weld circulation and rioted and published :n the County Centennial Center,915 10th icwn of '.-.-22 . y,� .V .,'' " Street,Third Floor,Greeley, Cola redo. in said county and state: that the notice cr adver- tisement, of which the annexed is a true copy, DOCKET NO.t12-31 has been published in said weekly newspaper ,APPLICANT �f Harold O.Magngsan end for -._ ?�. _. __.. _ ccrsecctive Charlotte L.Magnuson weeks: that the notice was published :n the Route 1, Box Cif ' Tunas, Pox C-65754 regular and entire issue of every number at said newspaper during the period and time Lot pub.: C/e Bit.Stev Sears . 1221 sin Avenue • cation of said notice and in the newspaper Greeley, CO 80631 - proper and not in a supplement thereof- ...at the DATE: July 7, 778 first publication of said notice was cant-need :r- the issue of said jewspaper Pecums d -.9..• TIME: 2:00 P.M. /( -5. day of a2L A.D.. 9 ,1 REQUEST: Change-of Zone, Mom and the last pub'canon thereof f in the issue at ciAaldllhlret 10 C 3 tComma- al said newspaper bearing date, the u24/ day c`. - (---)Q.2": /1 7 LEGAL DESCRIPTION: iLSUL. 19,Sry that the said ✓✓ A tract of land located in me " Southwest Quarter of Section 24, To/ , n , /r /,, Sixth Principal Noincip,l re iaWestM �/Z mac_ �.c. �C.tLC!-L' the niyth Principal Meridian,Weld has been published continuously and uninterrupt- County Colorado particularly described as follows: being more edly during the period cf at least fifty-two con- secutrve weeks next prior to the first issue thereof Beginning-at the Southwest Canter containing said notice or advertisement above of said Section 24 and considering ing of West line of Southwest referred to; and that said newspaper was at the Quarter id bear Norm 00 degrees time of each of the publications of said notice. contained hereinwit all other bearinve contained being relative duly qualified for that purpose within the mean- thereto; • ing of an act, entitled, "An Act Concerning Legal Thence North 00 degrees 59' 40" Notices, Advertisements and Publications, and West,700.30 feet; - the Fees of Printers and Publishers thereof, and Thence North a degrees 01' ia" East, 439.36 feet; to Repeal all Acts and Parts of Acts in Conflict Thence South Ot degrees. 43' 21" with the Provisions of this Act," approved April 7. East,line o feet to a point on me Quart- 1921, and all amendments thereof, and particu• south line f said Southwest er: tarty as amended by an act approved, March 3C, Thence South 89 degrees 01' 20" 1923, an act approved May 1 1931. West 448.26 feet to me point of beginning. //n /y,r�' / Said tract of land contains 7.136 l/ aoCrei-e acres,more or less and is subjected KK Pub' er any rights-of-way or other ease- ments as granted or reserved by instruments of record or as now Subscribed and sworn to before me this _...-i7 existing en said.tract of land, at td of _ A.D., 19-�1 BOARQ OF COUNTY COMMISSIONERS _/kr�' J / //7 WELD COUNTY;COLORADO ---1/� %<^�-LL.f.�Q_Ch—!`�JL sL*�t' • BY:MARY ANN FEUERSTEIN J J (, COUNTY CLERK AND My commission expires -._.._Z �A RECORDER EB AND P CLERK TO THE BOARD Notary Public BY: Bette Mr Roos, Deputy DATED: May 24,-1982 Pitigiellett in the La Salle Leader Thursdays Jade 3, ad Jane 24, 1t's. Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising-clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN • that the same is a daily newspaper of general I . circulation and printed and published in the City of be held in the Greeley, in said county and state; that the notice or County Commissioners of Weld County, Colorado, wow County Centennial advertisement, of which the annexed is a true copy, has center, 915 torn Street, Greeley, Col. been published in said daily newspaper for consecutive orado,at the time specified-All persons in any manner Interested in Me bellow ine proposed Change of Zone are (days) that the notice was published in the requested to attend and may be heard. ' BE IT ALSO KNOWN that the text regular and entire issue of every number of said and maps so certified by me County newspaper during the period and time of publication of Planning Commission may be exam- ined coed in the office-of me Clerk to the said notice, and in the newspaper proper and not in a Beard •of County Commissioners, located in the Weld County Centennial supplement thereof; that the first publication of said Center, 915 10th Street, Third Floor, Greeley,Colorado. notice was contained in the issue of said newspaper DOCKET NO.:82-31 APPLICANT:Harold°.Mj9puson bearing date and Charlotte L.Magnuson Route 1;Box C-i Tunas,Missouri 65754 .c/a Steve Sears Twenty—ninth 1221 4th Avenue nce ley, 1982 TIME: A. - day of May D. 19 82' DATE: TIME:2:00P.M. and the last publication thereof; in the issue of said REQUEST: Change of Zone, from A (Agriculture)to C-2(Commercial) newspaper bearing date the LEGAL DESCRIPTION: - A tract of land located in the Southwest Quarter of Section 24, Township 5 North,Range 66 West of the Twen ty—n in th Sixth Principal Meridian,Weld County, Colorado and being more particularly day of May A.D. 19 82 described as followsatsouthwest that said The Greeley Daily Tribune and The Greeley Beginning 24 the So considering r the West of sold Section and the West • line of said Southwest Quarter to bear Republican, has been published continuously and North 40°59'40" West, with all other bearings contained herein being rata- uninterruptedly during the period of at least six live thereto: North Op°59.40" West, )00.]9 months next prior to the first issue thereof contained Thence Thence Norm 89°01'24" East, 4]9.36 said notice or advertisement above referred to;that said feet: Thence South o1°40.21"East,)00.44 feet newspaper has been admitted to the United States to a point on the south line of said Southwesta Quarter; "West,448.26 feet mails as second-class matter under the provisions of the Thence South tOttie point of beginning. Act of March 3, 1879, or any amendments thereof; and Said tract of land contains 7.136 acres, more or less and is subject to any that said newspaper is a daily newspaper duly qualified rights-of-way or other easements as granted or reserved by instruments of for publishing legal notices and advertisements within record or as now existing on said tract of land. the meaning of the laws of the State of Colorado. DATED:May 54.1982 BOARD COMMISSIONERS May 29, 1982 WELD COUNTY,COLORADO BY:MARY ANN FEUERSTE IN COUNTY CLERK AND RECORDER Total charge: $20.30 AND CLERK TO THE BOARD Advertising Clerk Subscribed and sworn to before me this 29th day May A.D. 19 82 My cum lesion pi . Notary Public BEFORE 1 WELD COUNTY, COLORADO PLANNING .JMMISSION eMf rbriwtglMtFp RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS RS- L . f Date May 18, 1982 Case No. Z# 373:82:15 1 '982 LI APPLICATION OF Harold 0. Magnuson and Charlotte L. Magnuson ©Fteet_Ev. row. Route 1 Box C-1, Tunas, Missouri 65754 ADDRESS c/o Steve Sears, 1221 8th Avenue, Greeley, Colorado 80631 Moved by Bette Kountz 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" ( Agriculture District) to "G-2" ( Commercial District) covering the following described property in Weld County, Colorado, to-wit: Part of the SW1, Section 24, T5N, R66W of the 6th P.M. , Weld County, Colorado be recommend (favorably) 6inftwarabaN0 to the Board of County Commissioners for the following reasons: 1. The Applicant has satisfied the minimum requirements for submission as set forth in Section 21.7 of the Weld County Zoning Ordinance. 2. The following findings can be made pursuant to Section 21.5 of the Weld County Zoning Ordinance: - The proposal for commercial designation is consistent with the Weld County Comprehensive Plan. The site is located within the City of Greeley Comprehensive Plan Area and close proximity to the City of Evans. The County's Plan encourages commercial development to locate within the incorporated areas of the County. The City of Greeley Planning Commission recommended no objection Motion seconded by: Jerry Kiefer Vote: For Passage Jerry Kiefer Against Passage Wilbur Wafel Bette Kountz Bob 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 I, 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 May 18, 1982 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 19th day of May , 19 82 , Secretary 804-80-050 Z-373:82:15 Harold 0. Magnuson and Charlotte L. Magnuson Part of the SW4j Section 24, T5N, R66W of the 6th P.M. , Weld County, Colorado A Change of Zone from "A" (Agriculture) to "C-2" (Commercial) May 18, 1982 Page 2 (the Greeley plan indicates a "neighborhood commercial" designation in the general area. The City of Evans Planning Commission indicated a C-3 classification would not be acceptable, however, a more restrictive classification would be acceptable; - The proposed C-3 designation, which is intended to provide areas for general public use requiring larger amounts of space and typically generating high traffic volumes, includes uses which are not typically compatible with and immediately adjacent to a residential neighborhood. The C-2 designation provides for general commercial activities but requires all business activity, including storage uses, to be enclosed. Accessory uses such as parking, loading and trash storage areas are required to be screened from residential areas. With a C-2 district, therefore, a use area to service the neighborhood and areas needs is provided but conducted in a compatible manner. - Adequate water and sewer service is suggested via the Central Weld County Water District and the Hill-n-Park Sanitation District. Conditions regarding coordinating these two services are provided below; - Street facilities serving the property are designated as future arterials which are appropriate classifications to serve commercial development. Conditions regarding adequacy of the rights-of-way are provided below; and - There are no known Overlay Districts, Commercial Mineral Deposits, or soil conditions which would affect development of the site. The Weld County Planning Commission recommendation is conditional upon the following: 1. The applicant shall agree to dedicate twenty (20) feet additional right-of-way along the entire southerly portion of the site (as requested by the Greeley Planning Commission and in compliance with Section 21.5.1.4 of -the Ordinance) . A dedication instrument shall be prepared by the applicant,for presentation to the Board at the Board's hearing to consider this change of zone request. 2. Specific approval and tap issuance from Central Weld County Water District and Hill-n-Park Sanitation District shall be presented as part of the required Site Plan Review materials before a building permit can be issued on the site. TEH:ban Date: nay 18, 1982 CASE NUMBER: Z-373:82: 15 NAME: Harold and Charlotte Magnuson REQUEST: Change of Zone from "A" (Agricultural) to "C-3" (Commercial) LEGAL DESCRIPTION: pt. SW4 Section 24, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: NE corner of 35th Avenue and 37th Street - 1 mile south of U.S. 34 bypass THE DEPARTMENT OF PLANNING g FhDL SERVICE'S''t STAFF RECOMMENDS THAT THIS REQUEST BE denied for ORC the specified request *Writ LvREADNS: —,flied to C 2 1. The Applicant has satisfied the minimum requirements for submission as set forth in Section 21.7 of the Weld County Zoning Ordinance. 2. The following findings can be made pursuant to Section 21.5 of the Weld County Zoning Ordinance: - The proposal for commercial designation is consistent with the Weld County Comprehensive Plan. The site is located within the City of Greeley Comprehensive Plan Area and close proximity to the City of Evans. The County's Plan encourages commercial development to locate within the incorporated areas of the County. The City of Greeley Planning Commission recommended no objection (the Greeley plan indicates a "neighborhood commercial" designation in the general area. The City of Evans Planning Commission indicated a C-3 classification would not be acceptable, however, a more restrictive classification would be acceptable; - The proposed C-3 designation, which is intended to provide areas for general public use requiring larger amounts of space and typically generating high traffic volumes, includes uses which are not typically compatible with and immediately adjacent to a residential neighborhood. The C-2 designation provides for general commercial activities but requires all business activity, including storage uses, to be enclosed. Accessory uses such as parking, loading and trash storage areas are required to be screened from residential areas. With a C-2 district, therefore, a use area to service the neighborhood and areas needs is provided but conducted in a compatible manner. - Adequate water and sewer service is suggested via the Central Weld County Water District and the Hill-n-Park Sanitation District. Conditions regarding coordinating these two services are provided below; - Street facilities serving the property are designated as future arterials which are appropriate classifications to serve commercial development. Conditions regarding adequacy of the rights-of-way are provided below; and - There are no known Overlay Districts, Commercial Mineral Deposits, or soil conditions which would affect development of the site. The Department of Planning Services Staff recommendation is conditional upon the following: 1. The applicant shall agree to dedicate twenty (20) feet additional right-of-way along the entire southerly portion of the site (as requested by the Greeley Planning Commission and in compliance with Section 21.5.1.4 of the Ordinance) . A dedication instrument shall be prepared by the applicant for presentation to the Board at the Board's hearing to consider this change of zone request. 2. Specific approval and tap issuance from Central Weld County Water District and Hill-n-Park Sanitation District shall be presented as part of the required Site Plan Review materials before a building permit can be issued on the site. TEH:ban CITY OF Ti. lea. . 3700 GOLDEN STREET POST OFFICE BOX 59 EVANS, COLORADO 80620 EVANS FOUNDED 1169 NOME PULE 1973 TO: ROD ALLISON, PLANNER cOLORAv° WELD COUNTY DEPARTMENT OF PLANNING SERVICES FROM: EVANS PLANNING AND ZONING COMMISSION DATE: MAY 12, 1982 RE: REFERRAL - CHANGE OF ZONING FROM "A" AGRICULTURAL TO COMMERCIAL-3 "C-3" Dear Mr. Allison: This is in response to your request to change the zoning of property located at 37th Street and 35th Avenue which was discussed at our May 11, 1982 meeting. We are not familiar with Weld County Code Commercial-3 "C-3" , but do understand that this classification is very lienient as far as land use. We would like to see some kind of zoning that does not exceed our B-3 (local business district) zoning. Enclosed is a copy of the Evans B-3 zoning requirements for your review. If anything further is needed, please do not hesitate to contact either myself or any member of the Planning and Zoning Commission. Sincerely, EVANS PLANNING AND ZONING COMMISSION ye? C' Lip Joe Crisp Secretary JC/mrw Enclosures r�',; rC;A'Y 12 1982 L.c, Mild Co. Planning Commission iK office of the city 356-6313�manarer police department 352-2441 office of the, city clerk 356-6770 FIELD CHECK FILING NUMBER: Z-382 :82 : 15 DATE OF INSPECTION : moy 14 _lg87 NAME: Harold and Charlotte Magnuson REQUEST: Change of Zone from "A" (Agricultural) to "C-3" (Commercial) LEGAL DESCRIPTION:Pt. SW4 of Section 24, T5N, R66W of the 6th P.M. , Weld County, Colo. LAND USE: N Country Estates Mobile Homes & Carriage Estates E Country Estates Mobile Homes S Irrigated Crop land 1F Irrigated Crop land ZONING: N R-5, R-4 LOCATION: 35th Avenue and 37th Street; E 8 5 approximately 2,000 feet east of Evans, CO S Agricultural • N Agricultural COMMENTS: The subject site has no improvements and exists has irrigated crop land. BY: � lidi,se� - Rod Allison, Current Planner REFERRAL LIST APPLICANT: Harold & ha to to M nncnn (St- ve cP„ S) CASE NUMBER: g 373.82:15 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY May 10, 1982 m m z z m o m o H z H F W O H 2 C.) U 2 0 U O 2 O W W H h W z Cl) m Com O U O W. O U O W W U O P. W 0 Z M W Z Z W W Z II"$1/ County Attorney (plat only) City of Greeley R Ken McWilliams ,-1- gL- Weld County Health Department 919 7th Street X Greeley, CO 80631 V4-11- St, Engineering Department X — County Extension Agent City of Evans `� Jim Burns:Acting Administrator Colorado Geological Survey P.O. Box 59 1313 Sherman Street Evans, CO 80620 _ Room 703 Denver, Colorado 80203 Fire District: Brian Johnson Colorado Water Conservation �/ i '7.�- �� Western Hills 7 Board 1804 Cherry Avenue Centennial Building Greeley, CO 80621 1313 Sherman Street Denver, Colorado 80203 P.C. Member: Jerry Kieffer 2120 Fairway Lane State Engineer Greeley, CO 80631 Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 x e1 1 .,..,. ��I ll.11 i.l , ii: , • , .n : . 1 . ••'�, `• fir ti ',it I it I'I n; 'I • II � .I 1II U0J. 111.4000 IXT 404 W ` 91510tH t.IHE E1 WilUAY.COLOIIADO (IU0JI t4 I t * . • COLORADO REFERRAL April 23, 1982 TO WHOM IT MAY CONCERN: Enclosed is an application from Harold 0 & Oharintte T Mngnngnn for a a change of 7nne from agrinil tore "A" to enmmerrial-3 "C-9" The parcel of land is described as pt_ SW4 Section '14 T5T1, R6F,W of the 6rh P M Weld County, Colorado The location of the parcel of land for which this application has been submitted Cis 35th Avenue and 37th Street; approximately 2000 feet east of Evans, Colorado This application is submitted to your office for review and recommendations. . Any comments or recommendations you consider relevant to this request would be ap- preciated. Your prompt reply will help to facilitate the processing of the pro- posal and will ensure prompt consideration of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 13, 1982 so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request (does/ does not) comply with our Comprehensive Plan for the following reasons : 2. We do not have a Comprehensive Plan but we feel this request (is/ is not compatible with the interests of our town for the following reasons : • 3. A formal recommendation is under consideration and will be submitted to you prior to 4. Please y refer to the enclosed letter. Signed as �' iern- Agency (*ntA1}0#A4t ateaF�Z��j Thank you very much for your help and co-operation in this matter. 7 Rod Allison,. Current Planner FIELD CHECK FILING NUMBER: Z-373:82:15 DATE OF INSPECTION: April 23, 1982 NAME: Harold 0. and Charlotte L. Magnuson REQUEST: a change of zone for "A" (Agriculture) to "C-3" (Commercial) LEGAL DESCRIPTION: part of the SW1 , Section 24, T5N, R66W LAND USE: N Irrigated crops E Irrigated crops S Irrigated crops and mobile residential units W Irrigated crops ZONING: N Agriculture LOCATION: 25th Avenue and 37th Street (Weld E Agriculture (Country Estates MHP) County Road 54) ; adjacent to Country Estates S Agriculture Mobile Home Park W Agriculture COMMENTS: The subject site is bordered on the south by Weld County Road 54 (37th Street) and on the west by 35th Avenue. There are no improvements on the property which has no slope. BY: 77/4,( 77/ Roon, Current Planner CASE SUSMARY SHEET Case Number : Z-373:82:15 P. C. Hearing Date : May 18, 1982 Applicant : Property Owner: Harold and Charlotte L. Magnuson Harold and Charlotte L. Magnuson Size of Parcel : Staff Member to Contact : 7.136 acres, more or less Rod Allison - Legal Description : part of the SW1, Section 24, T5N, R66W of the 6th P.M. , Weld County, Colorado . Location: 35th Avenue and 37th Street (Weld County Road 54) ; adjacent to Country Estates Mobile Home Park Existing Zoning: Agriculture Request : a change of zone from "A" (Agriculture to "c-3" g (Commercial) Possible Issues Summarized from Application Ma'ter'ials: The staff feels that the kind of uses allowed by right in the requested "C-3" District are too intense for this neighborhood location. The area is not suited to handle the large space needed or high traffic volumes required to serve the general public in a "C-3" business district. Greeley has identified this area for neighborhood commercial. The staff feels that the "C-l" district may be an appropriate consideration. The intent of the "C-1" district would help assure that the present residential growth is preserved and protected. This commercial proposal should be operated in a manner that it serves the existing and future area neighborhoods. REZONING APPLICATION C : Case # : C,077 3:_1i 7L: 15- Dept. of Planning Services App. Ch' d By: 'Pn Date Rec' d: 915 10th Street App . Fee : /t_c `-4-- Receipt # : /2,i77 Greeley, Colorado 80631 Record. Fee : I, w Receipt #: Phone : 356-4000, Ext. 400 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 : A tract of land located in the Southwest Quarter of Section 24, Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, CO and being more particularly described as follows: Beginning at tile Southwest Corner of said Section 24 and considering the West Line of said Southwest Quarter to bear North 00°59' 40" West, with all other bearings contained herein being relative thereto; Thence North 00°59'40" West, 700.39 feet; Thence North 89°01' 24" East, 439. 36 feet; Thence South 01°43' 21" East, 700.44 feet to a point on the South Line of said Southwest Quarter; Thence South 89°01' 20" West, 448.26 feet to the Point of Beginning; Said tract of land contains approximately 7. 136 acres. (If additional space is required, attach an additional sheet) Northwest Corner of Property Address (if available) : 35th \venue & 37th St. , West of Evans, CO PRESENT ZONE Agricultural PROPOSED ZONE C-3 TOTAL ACREAGE 7.136 Acres OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Harold 0. Magnuson Home Telephone #: (417) 993-4703 Address : Route 1, Box C 1 Bus . Telephone #: Tunas, Missouri 65764 Name : Charlotte L. Magnuson Home Telephone Jk: (417) 993-4703 Address : Route 1, Box C 1 Bus . Telephone # : Tunas, Missouri 65764 Name : Home Telephone IF: Address : ` Bus . Telephone If : Applicant or Authorized Agent (if different than above) : Name: Steven D. Sears Home Telephone # : Address : 1221 8th Avenue Bus . Telephone # : 356-7700 Greeley, CO 80631 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor ' s Office : Name: Mattie A. Rood Address : Last known address in 1957 Boulder County Name: Harold 0. and Charlotte L. Magnuson Address : Route r, Box C 1, Tunas, Missouri 65764 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 ) ignature: Owner or Authorized Agent .' 1 Subscx bed and sworn to before me this /(74 day of , 19. SEAL NOTARY PUBLIC ,/, 2/ cf L deg S.aL4 Co My curntissis*n expires : /4/75.-- X 1.. SUMMARY OF ZONING CHANGE REQUEST The zoning change herein requested for a parcel containing 7.136 acres located at the Northeast Corner of 35th Avenue and 37th Street, West of Evans, is based upon the following reasons: 1. Commercial development is contemplated at this specific intersection in the Comprehensive Plan. Both 37th Street and 35th Avenue are planned arterials and will accomodate traffic generated at this location. Presently, both streets have heavy traffic volume. 2. The subject property abuts Country Estates Mobile Home Park to the immediate North and East. North of the mobile home park is R-3 property. These areas provide an effective buffer between the subject site and the R-1 property located approximately one-third of a mile to the North. 3. There is significant population in the immediate area including Carriage Estates and Country Estates. Farther to the South and West are Arrowhead, Hill-n-Park, Indian Hills and others, all of which would be served by neighborhood shopping facility at the subject site. 4. Although this property is presently zoned agriculture, it contains roughly five farmable acres and is no longer effectively useful as crop land. The property is surrounded by development. Being located at this busy intersection, commercial use would seem appropriate. 5. The subject property will eventually be annexed to the City of Evans. At the present time, the Evans City limits are approximately 2000 feet east of the property. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION Charline F. Mantel and 40 Russell Billings 62095923000011000 Jane F. Hubbell 1727 71st Avenue Harold 0. Magnuson and Route 1, Box C 1 62095924300003000 Charlotte L. Magnuson Tunas, Missouri 65764 Country Estates Mobile 5650 E. Evans #200 62095924300005000 Home Park Denver, Colorado 80222 Anders W. Anderson 313 Governors 62095925000013000 Billings, Montana 59101 Gerald L. Jantz 734 41st Avenue 62095926000010000 Greeley, Colorado 80634 Mineral owners of subject property: Last known address in 1952 Hattie A. 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' 3 1642 I. w,' 4i r P ,�Y r m Y ir—fell r if y } $CS.k" 4,„. .y r %V - y� + '' \ � 'fit" • liZ 6 313 .. . H � l ,,,, ' . -- »nr �� q x �..',l' ,,,,f1,''''':.:1,* „‘.,'„, I' ' ' ' —'1''' '''' '' '' ''';k 1.0141., . ' st...,..',,,:j .P!'' . � .. is -^t'' t,u i a' i fit i • e6 k y * DATE: Ma_ ?4, 1982 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 7th day of July, 1982 at 2 : 00 P.M. DOCKET NO. 82-29 - Weld County Planning Commission (John Willard) COZ - I-3 to A DOCKET NO. 82-30 - John Willard (WC Planning Commission) • USR - Meat processing Plant DOCKET NO. 82-31 - Harold O. Magnuson and Charlotte L. Magnuson COZ - A to C-2 O OF E TO THE BOARD BY: 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 Hello