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Home My WebLink About830026.tiff AR1950336 RESOLUTION RE : GRANT CHANGE OF ZONE FROM C-3 (COMMERCIAL THREE) TO I-2 (INDUSTRIAL TWO) FOR RICHARD FOWLER, ET AL WHEREAS, the Board of County Commissioners of Weld County, o Colorado, pursuant to Colorado statute and the Weld County Home oU Rule Charter, is vested with the authority of administering the o 0 q affairs of Weld County, Colorado, and a o WHEREAS, a public hearing was held on the 30th day of No- vorw vember, 1983, at 2 : 00 o' clock p.m. for the purpose of hearing vO the application of Richard Fowler, et al, 1020 28th Avenue, Suite o x #201, Greeley, Colorado 80631, requesting a change of zone from n ‘4 C-3 (Commercial Three) to 1-2 (Industrial Two) for a parcel of x co t land located on the following described real estate, to-wit: t.co ° H Part of Lot 4 (NW4SW4) and Lot 1 (SW4SW4) and ro H Lot 3 (NE4SW4) and Lot 2 (SE4SW4) , all in ricn Section 4, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado 1.O c+, W rn G, WHEREAS , Section 21. 6 . 2 of the Weld County Zoning Ordinance Ln 2 ch Z provides standards for review of such a Change of Zone, and U a WHEREAS, the Board of County Commissioners heard all the x testimony and statements of those present, has studied the re- N 0 N quest of the applicant and the recommendations of the Weld County °ak Planning Commission, and having been fully informed, finds that this request shall be approved for the following reasons : 1. The applicant has complied with the application re- quirements listed in Section 21. 7 et seq. , 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. It is the opinion of the Board of County Commissioners that the proposed zone change is consistent with the Weld County Comprehensive Plan and the pro- posed Industrial District will be compatible with the existing surrounding land uses and future development. The subject site is located in the City of Greeley Future Land Use Plan for industrial development. The Greeley Planning Commission is recommending approval of this request subject to the conditions listed below. b. State Highway 263 (East 8th Street) will provide adequate access to the site. c. The subject site is served with public sewer and a septic and leach field. d. The subject site is served with public water. LHR 47 830026 Page 2 RE: CHANGE OF ZONE - RICHARD FOWLER, ET AL e. The proposed change of zone is located in a flood plain district. Any future building development will require compliance with Section 50 Overlay N o District Regulations of the Weld County Zoning o u Ordinance. 0 N 0 NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- wo missioners of Weld County, Colorado that the application o£ 0 3 Richard Fowler, et al, for a change of zone from C-3 (Commercial o x v)-Fri a Three) to I-2 (Industrial Two) on the above referenced parcels O ao of land be, and hereby is, granted subject to the following con- N w ditions: 1) the subject site shall have only one point of ingress m ,, x w and egress from State Highway 263. The west access point of State Ma CO U Highway 263 shall be eliminated; 2) the final mylar plat shall az r-iw be corrected to show an additional 10 foot road right-of-way south N H ri !n a of the existing south right-of-way line on State Highway 263. The rrnr, w total right-of-way south of the centerline of State Highway 263 0 rn z shall be fifty feet; and 3) the applicant shall submit a corrected 0 a mylar plat to the Department of Planning Services Office to be w � recorded in the office of the Clerk and Recorder. The mylar lf1N r♦ N orn plat shall be drawn in accordance with the conditions listed r-i N FQ w above. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of November, A.D. , 1983 . t, ATTEST: '12.4 :L "' ''a'''^� BOARD OF COUNTY COMMISSIONERS a WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board C ck Carlson; Chair n n BY: 4" � x .rid- % Ca '�--i-� e-1� i j.7 'i Deputy County C3rk n T. Martin, Pro-Tem APPRO- AS TO FORM: C- 7- Z1-60-7---- e-rQ )74-r,,,, —_- er Gene R. Brantner County Attorney Norman Carlson cq line J hnson DAY FILE : December 5 , 1983 &ARING CERTIFICATION DOCKET NO. 83-68 RE: CHANGE OF ZONE FROM C-3 (COMMERCIAL THREE) TO 1-2 (INDUSTRIAL TWO) , RICHARD FOWLER, EP AL. A public hearing was conducted on November 40 , 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman John Martin Pro Tem, Excused Gene Brantner Commissioner Norman Carlson Commissioner Jacqueline Johnson Commissioner, Excused Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, R. Russell Anson Planning Department Representative, James Mayerl The following business was transacted: I hereby certify that pursuant to a notice dated October 24, 1983, and duly published in the La Salle Leader on October 27, 1983, and November 17, 1983, a public hearing was conducted for the purpose of considering the request of Richard Fowler, et al. fora Change of Zone from C-3 to I-2. Russ Anson, Assistant County Attorney, read this request into the record. James Mayerl, representing the Planning Department, read the favorable recommendation, with conditions, from the Planning Commission into the record. Mr. Fowler was present and came forward to explain his request to the Board. After a short discussion, Commissioner N. Carlson moved to approve this Change of Zone, with the recommended conditions, for Richard Fowler, et al. Commissioner Brantner seconded the motion and it carried unanimously. After the approval of the Change of Zone, the Board heard the request for Subdivision Exemption No. 206 from Richard Fowler, et al. James Mayerl, Planning DeparUrent representative, presented this request to the Board. Mr. Fowler was present and answered questions of the Board. Commissioner Brantner moved to approve SE #206 for Richard Fowler, et al. Commissioner N. Carlson seconded the motion and it carried unanimously. APPROVED: AI'1'LST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Ch ck Carlson, airman By e a -7CC EXCUSED Deputy County Clerk John T. Martin, Pro-Tem \j-dit /l ( -> rvX, n , Gene R. Brantner Norman Carlson EXCUSED Jacqueline Johnson TAPE #83-142 DOCKET #83-68 _LHR 47 DAY FILE: December 5, 1983 ATTENDANCE RECORD DATE: November 30, 1983 TODAY' S HEARINGS ARE AS FOLLOWS: DOCKET #83-68 - COZ, C-3 to 1-2 , Richard Fowler, et al. PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant ' s name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING -3 --1(... l:__,JU;3:ii 2/ !6/ 83 15 : 22 $6. 00 1/002 F 2323 MARY IV FEUERSTEIN CLERK & RECO ER WELD CO, CO REZONING PLAT LASE NO. 2-392:83:7 The Subject site shall have only one point of ingress and egress from -State Hwy Al 263. The west access point of State Hwy 263 shall be eliminated. Nit/ Corner, 6'o. Q T. 5N., R. 65W ^ti k o o^4 �0�\024 ao�• ^X326 � D eQc eSs, e Nwy. 263n`�o -� ") N ° 0e 1�J° 4• 3loo Z4 03^\ 4"IP to �8 t 6V-reel) 5 G� 0; i Q �8z�9. ‘.,--A09 a'G, a°` 5 o�'o�"E z21. 19` • .. o . �� 83° _ O ' Rpyp/U Pd '(or \ 0- - (p �jp' S�'r i P Wa �j'Ou•fEr R O.W line S N� �i'i'/ure ,''1:5' of Yen co M 06 � Nw 24)3 •�• • 4351,0 SFVale a Bfh s�rPPf i N(n 1. 00 OC. ,-• .W as 1 •LA 3 • N Co k At o I'` o o ,l 41 "C-SI to ��I-21i ``� •h �� ¢e o so' ,00. rso• 2oa<�Y o k 1 0 ID 225' 61, !' Scale: I.. loo' ti- k. d Co LEGAL DESCRIPTION �/�t.�i A TRACT OF LAND BEING PARTS OF LOT FOUR (4) OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW' SW') AND LOT ONE ( 1) OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW' SW' ) AND LOT THREE (3) OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE`gSW' ) AND LOT TWO (2) OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE'SW') ALL IN SECTION FOUR (4) , TOWNSHIP FIVE (5) NORTH , RANGE SIXTY-FIVE (65) WEST OF THE 6th P.M. , COUNTY OF WELD, STATE OF COLORADO, ACCORDING TO THE SUBDIVISION OF LANDS BY THE UNION COLONY OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER (NW COR) OF SAID SECTION 4 AND CONSIDERING THE WEST LINE OF SAID SECTION 4 TO BEAR SOUTH 01° 46' 30" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING REhATIVE THERETO; THENCE SOUTH 01 46' 30" WEST, ALONG THE WEST LINE OF SAID SECTION 4, 4124.93 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 263 (ALSO KNOWN AS 8th STREET) ; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE BY THE FOLLOWING FOUR (4) COURSES AND DISTANCES: NORTH 87° 45' 07" EAST, 259.85 FEET; ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 7680.00 FEET AND A LONG CHORD THAT BEARS NORTH 86° 47 ' 02" EAST, 259.51 FEET; ALONG THE ARC OF A CURVE SO THE LEFT HAVING A RADIUS OF 7680.00 FEET AND A LONG CHORD THAT BEARS NORTH 84 27' 32" EAST, 363.72 FEET; NORTH 83 06' 07" EAST, 571.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES AND DISTANCES: NORTH 83° 06' 07" EAST, 221 .79 FEET; SOUTH 72° 56' 27" EAST, 44.08 FEET TO THE WEST LINE OF SUGAR FACTORY ROAD (ASH AVENUE) ; THENCE ALONG THE WEST LINE OF SAID SUGAR FACTORY ROAD BY THE FOLLOWING TWO (2) COURSES AND DISTANCES: SOUTH 01° 19' 47" WEST, 88.33 FEET; SOUTH S1° 37' 30" WEST, 75. 32 FEET: THENCE SOUTH 83 18' 00" WEST, 225.51 FEET; THENCE NORTH 06° 53' 53" WEST, 175.95 FEET (PREVIOUSLY DESCRIBED INCORRECTLY AS 176.95 FEET) TO THE TRUE POINT OF BEGINNING. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION ON SEPTEMBER 2, 1983 AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. anista �jJ� 0.;› ��lD B, yoao 70 fait �,�r�islE ,99 �;Fa GERALD B. McRAE, PROFESSIONAL ENGINEER AND -4* 6616 ?,0 LAND SURVEYOR, COLORADO REG. NO. 6616 :iv : McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 83/77 Sheet !of 2 Fowler Change of Zone page 2 PROPERTY OWNER' S APPROVAL FOWLER - MARKS PARTNERSHIP BEING THE SOLE OWNEPS IN FEE OF THE ABOVE DESCRIBED PROPERTY , DO HEREBY REQUEST THE ZONING AS SHOWN ON THE ATTACHED MAP. FOWLER - MARKS PARTNERSHIP RICHARD A. OWLER, MANAGING PARTNER STATE OF COLORADO )ss COUNTY OF WELD ) THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS A3 DAY OF , A. D. , 1983. WITNESS MY HANDAND SEAL. , MY COMMISSION EXPIRES : v7 C:O/. a 3z /767 �� NO 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 HER THISkDAY OFOc'v4xc 1983. CHAI 4A , PLAN ING C MMISSION BOARD OF COUNTY COMMISSIONER'S CERTIFICATION THIS IS TO CERTIFY THAT THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO DO HEREBY CONFIRM, APP VE AND ADOPT THIS ZONE CHANGE AS SHOWN AND DESCRIBED HEREON THIS _ _DAY OF , 1983. ATTEST: 44" l alaelasesto•---,- /0#,, C UNTY ERK CHAIRMAN, BOARD OF COUNTY COMMISSIONERS \ RECORDED: DATE: �`: l 1, I. . - y McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 83/77 Chee/ 2 o/ 2 Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1, Lynne S. Adriansen of said County of Weld, being duly sworn, say that I am an advertising Berk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or ./774. advertisement, of which the annexed is a true copy, has 4!"' ," ,.n.„ '" beendaily newspaper, ,�„�,,,,, � iw published in said news a er for consecutive n _ s,,,: rw (days) 7(p ; that the notice was published in the regular and entire issue of every number of said newspaper durin the publication g period and time of of said notice, and in the newspaper proper and not in a ,, u supplement thereof; that the first publication of said ( "'{'0E .... notice was contained in the issue of said newspaper bearing date t sw. Ax br , [P.--41.-,t, ash N ir. .)„, .1 °oag Twenty-eighth day of October A.D. 198; and the last publication thereof; in the issue of said ,�+,0 s d IC4.- .-:,,,,- '=r newspaper bearing date the M Twenty-eighth -�,wx lr✓ 3 �an r+s w _� , y� day of October A.D. 19 83 fioNFRs that said The Greeley Daily Tribune and The Greeley tl � •I la- `,... IL Republican, has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. October 28,1983 Total Charge: q$l3.92 ,, "will r19 5 . LtagiLl4>vtllv,Y0 Advertising Clerk Subscribed and sworn to before me this - day of October A.D. 19 83 $missiorexPilir r „e No y ublic • N OTICE 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 . 53E 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 . 83-68 Richard Fowler, et al 1020 28th Avenue, Suite 201 Greeley, Colorado 80631 DATE : November 30, 1983 TIME: 2 : 00 P.M. REQUEST : Change of Zone , from "C-3" (Commercial Three) to "1-2" (Industrial Two) LEGAL DESCRIPTION: Part of Lot 4 (NWa SWa) and Lot 1 (SWa SWa) and Lot 3 (NEa SWa) and Lot 2 (SE; SWa) , all in Section 4 , Township 5 North, Range 65 West of the 6th P .M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY : Mary Reiff, Deputy DATED: October 24, 1983 PUBLISHED: October 27 , 1983 and November 17 , 1983 in the LaSalle Leader 2/1 rU DATE: Octob _ 24, 1983 • ' O: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the "'allowing hearing for the 30th day of November, 1983 at 2 : 00 P.M. -Docket No. 83-68 - Richard Fowler, et al - COZ, C-3 (Commercial Three) to I-2 (Industrial Two) OFFICE �OF THEE CLERK TO THE BOARD • 1 /Pj � 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 l _ 7 /2 � t. r �� N 0 'T I C E 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 Canter, 915 10th Street, Third Floor , Greeley, Colorado. APPLICANT 'DOCKET NO. 83-68 Richard Fowler, et al 1020 28th Avenue, Suite 201 Greeley, Colorado 80631 DATE : November 30, 1983 TIME : 2 :DO B.M. REQUEST : Change of Zone , from "C-3" (Commercial -Three) to �I-2" (Industrial Two) LEGAL DESCRIPTION: Part of Lot 4 (NW; SWa) and Lot 1 (SWq SW4) and Lot 3 (NEa -SWa) and Lot 2 (SE; SWa) , all in Section 4 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY : MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK -TO THE BOARD BY: Mary Reiff, Deputy DATED: October 24, 1983 PUBLISHED: October 27 , 1983 and November 17 , 1983 in the LaSalle Leader u BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISpiQNER „ -- Dilate:Bate: October 18, 1983 Case No APPLICATION OF: Richard Fowler, et al OCT G 1983 /D:DOa.m ADDRESS: 1020 28th Street, Suite #201, Greeley, CO 80631 GREELEY. COW. Moved by Jack Holman that the following resolution be joduced. for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for a Change of Zone from "C-3" (Commercial Three) to "I-2" (Industrial Two) located on the following descried property in Weld County, Colorado, to wit : Part of Lot 4 (NW3 57G) and Lot 1 (Slit SW4) and Lot 3 (NE4 SW1) and Lot 2 (SE4 SW4) , all in Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado 80631 1'HE WELD COUNTY PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The applicant has complied with the application requirements listed in Section 21.7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows. - It is the opinion of the Department of Planning Services staff that the proposed zone change is consistent with the Weld County Comprehensive Plan and the proposed Industrial District will be compatible with the existing surrounding land uses and future development. The subject site is located in the City of Greeley Future Land Use Plan for industrial development. The Greeley Planning Commission is recommending approval of this request subject to the conditions listed below; -- State Highway 263 (East 8th Street) will provide adequate access to the site; - The subject site is served with public sewer and a septic and leach field; - The subject site is served with public water; - The proposed change of zone is located in a flood plain district. Any future building development will require _compliance with Section 50 Overlay District Regulations of the Weld County Zoning Ordinance. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. The Planning Commission's recommendation for approval is conditional and based upon the following: - The subject site having only one point of ingress and egress _from State Highway 263. The west access point of State Highway 263 shall be eliminated; - The final mylar plat shall be corrected to show an additional 10 foot road right-of-way south of the existing south right-of-way line on State Highway 263. The total right-of-way south of the centerline of State Highway 263 shall be fifty (50) feet; Ease No. Z-392:83:7 Richard Fowler, et al Change of Zone from "C-3" (Commercial Three) to "I-2" (Industrial Two) Part of Lot 4 (NW4 SE4) and Lot 1 (SW4 SW4) and Lot 3 (NE4 SW4) and Lot 2 (SE4 SW4) , all in Section 4, TAN, R65W of the 6th P.M. , Weld County, Colorado 80631 Dctober 18, 1983 Page 2 The applicant submitting a corrected mylar plat to the Department of Planning Services office to be recorded in the office of the Clerk and Recorder. The mylar plat shall be drawn in accordance with the conditions listed above. Motion seconded by: Bill McMurray Vote: For Passage Against Passage Taulette Weaver _Doug Graff Ed Reichert Sharon Linhart Bill McMurray Jack Holman Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the _file of thi-s 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 October 18, 1983 and recorded in Book No. VIII of the proceedings of the -said Planning Commission. Dated the 20th day of October, 1983. \\ 210 +. O\ov- . Secretary Date: 10-18-83 CASE NUMBER: COZ 392:83:7 NAME: -Richard Fowler REQUEST: A COZ from C-3 to I-2 LEGAL DESCRIPTION: Part ofthe SW4 of 4-5-65 LOCATION: Just East of Greeley City Limits South of E. 8th St. (St. HWY 263) & West of Ash St. THE DEPARTMENT OF PLANNING SERVICES STAFF -RECOMMENDS THAT THIS -REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The applicant has complied with the application requirements listed in Section 21. 7 et. seq. , of the Weld County Zoning Ordinance. 2. She request is in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows. - It is the opinion of the Department of Planning Services staff that the proposed zone change is -consistent with the Weld County Comprehensive -Plan and the proposed Industrial -pistrict will be compatible with the existing surrounding land uses and future development. The subject site is located in the City of Greeley Future Land Use -Plan for industrial development. She Greeley :Planning -Commission is recommending approval of this request subject to the conditions listed below. - State -Highway 263 (East 8th Street) will T rovide adequate access to the site. - The subject site is served with public sewer and a septic and leach field. - The subject site is served with public water. - The proposed change of zone is located in a flood plain district. Any future building development will require compliance with Section 50 Overlay District Regulations of the Weld County Zoning -Ordinance. These determinations are based, in Tart, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. The :Department of _Planning Services staff recommendation for approval is conditional and based upon the following: - The subject site having only one point of ingress and egress from State. Highway 263. The west -access -point of State Highway 263 shall be eliminated. - The final mylar plat shall be corrected to show an additional le _foot road right of way south of the existing south right of way line on State Highway 263. The total right of way south of the centerline of State Highway 263 shall be 50' . - The applicant submitting a corrected mylar plat to the Department of Planning -Services office to be recorded in the office of the Clerk and Recorder. The mylar plat shall be drawn in accordance with the conditions listed above. CASE SUMMARY SHEET Case Number: Z-392r83:7 Size of Parcel: One (1) acre, more or less Request : a Change of Zone from "C-3" (Commercial Three) to "I-2" (Industrial Two) Staff Member to Contact : Jim Mayerl Possible Issues Summarized from Application Materials: Two areas for review on the proposed _Change of Zone swill be compatibility and consistency (see Sections 21.5.1.1 and 21.5.1.2 of the Weld County Zon- ing Ordinance) . The proposed Change -of Zone is within Greeley's projected growth boundary. The applicant has worked with the Greeley -Planning Depart- ment on this application, and city staff will be recommending approval to the ureeley 3lanning Commission (Tuesday afternoon, October 11, 1983) . The Department of Planning Services has not received any objections regarding this application. JRM:rjg . FIELD CHECK FILING NUMBER: COZ-392 DATE OF INSPECTION: October 10, 1983 NAME: Richard Fowler REQUEST: Change of Zone from "C-3" (Commercial Three) to "I-2" (Industrial Two) LEGAL DESCRIPTION: Part of the SW1, Section 4, T5N, R65W of the 6th P.M. LAND USE: N Midexco Construction Yard and Burris Company (Rifle Scope Manufacturer) Ash Street, Tree Line 10 to 30 foot high,_open space and residence 3 Berm 15 feet high and Sediment Pond for Great Western Sugar Company W Sunshine Equipment Company (Trucking Company) ZONING: N "C-3" LOCATION: Adjacent to Greeley City Limits E "I-3" south of 8th Street (State -Highway 263) and S "I-3" west of Ash Street W "C-3" COMMENTS: Access to the subject site is from East 8th Street (Colorado State Highway 263) . Improvements consist of two existing buildings: Buckeye Welding Supply Company • is in one building and Triple D Roofing Solar Industries and Perforating Services is in the other building. A propane tank is in a fenced 4' x 12'area. 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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 : ,=EP 2G 1983 SEE ATTACHED " EXHIBIT "A" Weld Ca. Planning Cammissio4 (If additional space is required, attach an additional sheet) ' Property Address (if available) : 350 and 360 East 8th Street PRESENT ZONE C-3 PROPOSED ZONE 1-2 TOTAL ACREAGE 1 OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name : Richard A. Fowler Home Telephone #: 330_7912 Address : 1020 28th Avenue - Suite #201 Bus . Telephone # : 151 -0691 Greeley, Colorado 80631 Name : Bette S. & George B. Marks home Telephone it: 619-453-7575 Address : 3562 Govenor Drive Bus . Telephone # : San Diego, California 92122 Name : Home Telephone # : • Address : Bus . Telephone # : _ Applicant or Authorized Agent (if different than above) : Name : -Richard A. Fowler Home Telephone # : 330-7912 Address : 1020 28th Avenue - Suite 4201 Bus . Telephone # : 351-0691 Greeley, Colorado 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 : Harvey William am Gehring Address : 162 44th Avenue, Greeley, Colorado Name : • Address : Name : Address : I hereby depose and state under the penalities of perjury that all state- ments, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) ignature : Owner or Authorized Agent f7 Subscribed and -sworn to before me this -_ `2' ' day of / , 1913. /Th SEAL \--4/(--.7(--\--4/(--.7(--c-, �> NOTA 4_PUBLIC � 6 My commission expires : � . ��-�y' y /y /7 Q / ' Wefeet , f":lt -L!:(' rpT..)ninr of the :rop' . '.V/ the I:7:lS follow;311r)W the r.t:;;l- nrenC1ttA ve n:.an, as well ns s t the pre-.!x I St.tni, t'r.*trton: of the area. i . Th-' ::uost c.irrr•.nt anteing 'nap sipms ?.)e ra'ori tr ',f the pr 71)ert.V in tie 'LL->'a as i-3 1% ne. 2. The area trend iron Iitphwa'y 85 east on 8th `.street to the -iirpor•t appears to be of manufacturing - welding type and processing ;it.rsinesses. The immediate area now r_o siets of manufacturinA, i.u1k pas ;slants and .ackin;i ;)lams. :Z..: Section 34.3 in the held County zoning ordinance book. -ri.tici - 1-Z (Industrial) l intrict - paragraphs 34.3.1 - 34.3.2 - 24.3.2.1 Listoricall'r this nite has been used as a construction office and ator- age sitar for construction Taterialn. doa.ently the buildings on the site have eeei7 rental units I •>r ,'Ct.:^.i1 type !.,,•rs and construc- tion oriented users. • There !las ht'en applicants for space. -and several potential purchasers of the property that have not been able to fit ti'e ;)resent zoning require- ments anti would fit t...0 area use and that is described in -sec. 34.3 para- graphs 34.3.2 and 34.3.2.1 of the Weld County Zoning Ordinance book. In fact, one potential purchaser of the property located in a different area completely becaus-e of the zoning available in the -Greeley Weld / County area; thus shifting the employment and tax to a different -county. The light manufacturing, assembling, fabricating, processing or storage are the intended use of the property. QUESTION # 11: Refer to statement on Vicinity and Land Use Map. The exisiting building located at 360 East 8th Street has been in place for 14 years and this applicant is aware of no structrual problems. The existing building located at 350 East 8th Street has been in place for years and that the applicant is aware of no atructrual problems. With the recent flooding of the area in early spring of this year, the building at 350 East 8th Street was one of the few buildings in the area -that did not sustain any water on the inside of the building. It is our • intent to _contruct any future building with a floor grade of the same elevation. All other standard uniform building code requirements should meet stand- ard construction on this site. QUESTION #12: The present accesses to the property are adequate and should not need any _changes. /)cc REALTY WORLD. REALTY WORLD — Clift Realty, Inc. 2165 9th Street,Greeley. CO 80631 Telephone. 13031356 2727 September 6 , 1983 Mr. Richard Fowler Tee Mah Enterprises 1020 28th Avenue Suite 201 Greeley, CO 80631 RE : Property located at 350 & 3-60 East 8th Street • Dear Mr. Fowler : I am currently war-king with some potential purchasers for your property lotated on east -eighth street, Greeley, Colorado. The current zoning is not acceptable to these purchasers and I must advise you that I feel it is a very neg- ative aspect in working with any prospective purchaser . The surrounding properties a tave checked carry an industrial zoning . If I am to continue negotiation-s for the sale of your property the zoning must be changed to a minimum of I-2 . As I stated before a-nd would like to clarify again I feel the marketability of your property is very poor with the zoning as is . I would appreciate your thoughts on this utter. Respectfully ours , \ Sylvia . Moore Sales As ociate REALTOR' THE RESULTS PEOPLC Each-Office independently Ownecl and opelaled ( .. : sears 1221 eighth avenue greeley, color-ado 80631 303-356-7700 4 a Realtors September 26, 1983 Iharles Cunliffe Weld County Planning Director 915 10th Street 3reeley, CO 80631 RE: Fowler/East 8th Street - -Rezoning Dear Chuck: j I Dick Fowler has contacted me for input regarding the merits of rezoning his property located at 350-360 E. 8th Street, Greeley, CO. At the present time, Sears and Company, REALTORS has no personal or business interest with Mr. Towler or the subject property. In my opinion, the properties highest and best value is the same as its most practical use, specifically, for industrial designation ; eighth street has maintained an industrial character for some time. The City of Greeley's industrial zoning on adjacent properties would seem to be most appropriate. I respectfully request that you consider approval of his application. Besi Re ardl,sl- / t en D. Sears iC — resident/Broker Sears and Company, REALTORS SDS:da cc residential, investment & commercial sales, property management, and -development r (. REFERRAL LIST APPLICANT: Richard Fowler CASE NUMBER: Z-392:83:7 SENT REFERRALS OUT: September 27, 1983 REFERRALS TO BE RECEIVED BY October 7, 1983 U) m z z H "' z z 14 z H 0H Lil H 6 v) HO C co 02 8 14 w a wg w Pe, H O co 0 U O as W 0 2 vat P4 2 0 -P. W 0 z a. PG Z XX County Attorney (plat only) City of Greeley c/o Kem McWilliams X Weld County Health Department 919 7th Street XX Greeley, Colorado 80631 Engineering Department XX County Extension Agent Paulette Weaver Planning Commission Member Colorado Geological Survey 1725 12th Avenue 1313 Sherman Street Greeley, Colorado 80631 _ Room 703 Denver, Colorado 80203 Western Hills Fire Protection X District J c/o Brian Johnson, Fire Chief 1804 _Cherry Avenue Greeley, Colorado 80631 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department XX 1420 2nd Street Greeley, Colorado 80631 _Colorado Department of Health Water Quality Control Division 4210 -East 11th Avenue Denver, Colorado 80220 14°4404 s. ae /LICHt I 1,C� oN 0‘115‘o` Niioi.ii Esu�i! ar,r,-a9�s �u r��tsrn�4OC C� e ` Vt3j 1:a,ELEY ry ri) EP Jo 8063'ot „itptiZ z ' �- �� CASE NUMBER 7=392:83:7 COLORADO September 27 , 1983 REFERRAL TO WHOM IT NAY CONCERN : Enclos-ed is an application from Richard Tourer for a Chan,^,e of done from "C-3" (Commercial Three) to "I-2 (Industrial Two) The parcel of land is JEscri bed a part of Lot SA and Lot I SW! SW1, and Lot 3 NE';, SW`-: and Lot 2 SE', SW' , Section 4, TSN, R65W of the 6th P .M. . Weld County, , Colorado The location of the parcel of land for which this application has been submitted is just east of Greeley in the 300 block of 8th Street (350 - 360 East 8th Street) This application is submitted to your office for review and recommenda— tions . Any comments ur recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to faoili- rata the processing of the proposal and will ensure prompt considera- tion of your recommend-ations . If a response from your office is not received within 14 days of mailing from our office , it may be in- terpreted to mean approval by your office. If you are unable to respond -within 14 days (but wish to do so at a later date) please notify our office to that effect . Cheri: the appropriate boxes below and return to our address listed above. Please reply by O nha- 7 1981 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. / We have reviewed the proposal and find no conflicts/ with/' our interests . �'r s. .<i� $7Ft'<<_/.c «i.u, ( 7) .- h,/s' 4,.,7d%i.-7- C c �t c'� � L Crrr/r.. 2. A formal recouunendation is under nonsideration and will be submitted to you prior to 3 . Please refer �lt�o the -enclosed letter . S i gn ed(1, �•gl., f„,t, A6014; ill„-r^ ' r� I � s -. Data %a-6 3 IL- /4/inc._ /) I G nut ` ki 7.,t,7 X l/ 112 J es R. Mayerl, Curry 5 Ylanner CommlS5ion / Weld Co. Mainz O. JRM.rjg C I; li ',Jr, SC INICE`.. ro 1i� I(fit ___ �i � � i ii 7k"-f� i,n j / I i Nl+olvL Dual I I,nono err.-40f \ ,� � �� v : 1� � 9151UfR STREET ti " ,REELEY,COLORADO 8063' `, ' E• 1 1. W21A Co. Plannin _ B Cnmmissiorr CASE NUMBER z-392:83:7 t 40 r s COLORADO September 27, 1983 REFERRAL TO WHOM IT MAY CONCERN : Enclosed is an application from Richard Fowler for a Change oT Zone from "C-3" (Commercial Shree) to "I-2" (Industrial -Two) . The Tercel of 1-and is described as part of Lot 4 NW% sW1/4 and Lot 1 SW1/4 SW', and Lot 3 NE% SW1 and lot 2 SE' SW1, Section 4, T5N, R65W of the 6th P.M. , Weld County, . Colorado The location of the parcel of land for which this application has teen submitted is just east of Greeley in the 3010 block of 8th Street (35O — 360 East 8th Street) This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the -processing of the proposal and will ensure mrompt considera- tion of your recommendations . If a response from your office is not - received within 14 days of mailing from our office, it may to in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that affect. Check the appropriate boxes below and return to our address listed above. Please reply by nrtnhar 7 148g1• so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. X We have reviewed the proposal and find no conflicts with our interests . 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter . 1 Sign ,_L6?/C -€77fi j/Agencya are, -, ic,ce _Data ?-�-e � ey ren Flag JRM.rjg ., it L PHONE 13031 356 X1000 EXT. 4nn n IO - 976 iGTH STREET GRE.ELEY,COLORADO 80631 z t � ® CASE NUMBER Z-392:83:7 COLORADO September 27, 1983 �+ REFERRAL TO WHOM IT MAY C0NEERN : Enclosed is an application from -Richard Fowler for a Change of Zone from "C-3" (Commercial Three) to "I-2" (Industrial Two) The parcel of land i-s described as parr of Lot 4 NWIc SWit and Lot 1 SW% SW1-r, and Lot 3 NE1 SWIa and Lot 2 SE' SW' , Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado The location of the parcel of land for which this application has been submitted is just east of Greeley in the 300 block of 8th Street (350 - 360 East Sth Street) This application is submitted to your office for review and recommenda- tions . any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations . If a response from your office isnot received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 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 nrtnh-ar7 ]9f}3 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1 . L. We have reviewed the proposal and find no conflicts with our interests . 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter .� ' � � ��ee fJ Ln1 c`j ,- 4 Signed E�/yi.z�1' l� �' s p 'e [, ,1.': _ Date cep 281983 72 = p Commission J es R. Mayen, Curre Pianner Weld CO• piaaain> JRM.rjg MAILING LIST Z-392 Richard A. Fowler Farr Farms Co. Box 878 Greeley, CO 80632 Transport Refrigeration Inc. 330 East 8th Street Greeley, CO 80631 Great Western Sugar Co. Greeley Colorado 80631 Burris Co. Ltd. 331 East 8th Street Box 747 Greeley, CO 80631 Robert Francis 593 East 16th Street Greeley, CO 80631 J.H. Capp Trustee of Ellis Bldg. Co. James F. Ellis Trustee of Capp Bldg. Co. Box 99 Greeley, CO 80632 The Way Rubbish, Inc. Box 989 Greeley, CO 80631 Alfred and Rozetta Zimmerman Box 369 Greeley, CO 80632 I 0 _ _ Nri A • 4. ¢ S N � n . N 11 co 1•i. s 8 a ri .O 9 ev y • co occ '� ❑ O O ci, fc O) . i LL woo O <:¢ r-� O m iii ge° s P > e h al Y AA 2 7� 'd CO >+ m � chi N ,� : tau W .. . 6 11 N N 03 m .. ._ 8 a i Fn LL _ c - w o ri V tV Ipi I + 111 z r N N y `\ _ q 3 0 © .J es' I g N D N , - T�T c i Nr ill • s Q 4 = Q lac u. ai its J 111a I a. gI • i J _ H I. O T Z V ' 2�+ a yI • �� O c. a: W L: m a R. Ps 8 y NQ 1 5 LL 1 ¢ C a. No mOW a 0_ � � ro �1 U � � p = mI 4N1❑❑ m $W ❑ ❑ 1w© (L S 4-I NCa a U O. 1 I • • r "' �J Z in"' RETURN RECEIPT N v1 n1 PS Formi3811,July 1982 O.l en U1 _ r m 7 1 I I u \ e r - >•� F. e i L 1Ny� J `\ qp 17, S a ei OO r : 1L • J br I __ i a C7 l0 Ci �• S v S.' N Cjpf, C Nco , O o 1�O CO cc 15 O ca .ry :,.5. ,.._, .H 'tl�j( 3 F F.. 8 CO F O �pp Z F a ^ W ❑ P�V O m G L,1 8 a g ?I cM N ,� y It -at) LL < i u m m q W th NNN 6G8 1� N 42li LO W f J of >,1 C N n m [" I - M�n •vi r.:IL w Q) v14 ,-I PS Form 3811,July 1882 r� s N N n° RETURN RECEIPT x 1/49 ---- Z86I '40.3-00131.u "�T- + i 111 Vim\ QP A�� E 7g.. .. \\ .e o $ Y J _ C a rl 7 w- CO N = Xf O n. [ a -r— r„i ti 7 N q ni O IC E $ g o i i _, co _ "LOO p (V ;i 0 N sBy $ o> g i.—...• �cc YC( Pi s! 1 666 0 C,Q, o W - Je O r- U •il io a NI (� m`Wi m O y¢ t� U u w gg�E lal Ell k'i < �°❑ i 6�� 3 e u ' a; to c H..H t Fu fA N w 8g1Ey o c\\-. W _ ° 1 �'z O >v LL m �I €a �' � e" w � J LT W PI CI m a i G • � 11 S1 O N a° U y • r G+ W C7 _ m 4 ,e t..: (0 • r:4 a O PS Form3811,July 11382 RETURN RECEIPT 4 W ._ V W n) CD 1 7\i riol,,_ .._ 1E �'. % a e r o .....,, it ,,,, I Ktsi _,.,._ Q `� n •� N00ESit i _ _,,, O-, 0 . ., . .0 0 ill-L0z W m mwH LL cJ o p CD o •LA A ¢ a o }N}�.� ❑ I ao a =f ❑ 71 ' H O }a • "' - ,� RETURN RECEIPT en 0 PS Form3811,July 1982 / _rig - U € 2.iS Rs a o - IN z ,y ro M o C 0) .L z CJi �O �cr co g 1 ❑ M 9 ~ - 7 co N_c@ z N_ p Z $ L W q w r` rt y SI O ii =9m S = 1 Ul - « c C•' c ¢ O V m�33 c ~ 7 - •• N ppe `� T p n LLO s �' m IN.. b E - - 3 1>v p S `'d D _ p w a a do LL 'm o a - _ IJ-1 r0-I ea y m \ o CO o ''•}� w ' 3 >, m $ ° a Fa ° I$ - RI gamg $$ va ._ N O_ 0 4 1J rd - « .8 O - 6 i }I U.1 $$-I O e C \ r o IC �'' ro El L a i g Afl 4n rh rn n n m . N O Sl 1-I . C7 O a I i 1` s a ; Ail S • o p 1.0 `� ❑ N -- o ; " l $ +, co a y- as • 0 _ r= $ $ ar Hp E $ L 1 s; a € g re a-ij o U 0 r. H O m i- U Ec3 1� x V 1-- ••Mi V LL g 18 OJ ;; jI I 't'1! ' .LI JJi ' hJ! U 1 alaU a 0 m 4 • w /e rier RETURN RECEIPT PS Fortd3811,July 1992 r ---t'.. .. tea — __ — t-vv— -Q co I a3idila33 ., r k w IA - T1 S - lua,.r at 7,owei >or,PI an rip N u. If L en o 0 o, '° '7` m, ?ro 431S3Aa321 1— H t;' o m; _ > , '" FIJI,?m,,, d 137321 NW-1132i W .� -1-1.co 0 n W m m m LL f:.,t d5�B.��,� y Ul a 3 p ° a PSWre I— U >. c m 3 . c 1, NO r lab,. S- Cr .Ci O LL 0 N O W m _id O a� ro +3ULL m a° N q o G� K 1-I l0 m 0 f a s N m A E r W -J Q E 71��^'_�soe 00 ra010o -a3133ao 1Z w o N W rl A r m « ; , v ecc xoe '0d '` ,II co N a U N R R «° a O O a- oaysol00 AIN°OJ Ol3M ai ul 0 2861 "gad`008E iu c.1 Sd Sa3NOISSII,IN OO LLN17OD AO OaYO9 r Y Y • r- i d' O U z I Uw•• ' ;51i ' g ▪ —I U G I y A\ - � r - — . O w tS 1 H al rn ca rl a M 111 I a1 rtS al x a iw r— Ka PI Nc •,ag U CO Co O I aal>¢ rn \ CO N a N Z lJ '— Q z r-I •ri a a:$ r1 r-I ❑❑ w al 1 � r� o r ifiEJ. I ; 71 °, 8 — W o -r �wa, m Vis g 1cp,w � a = CC a. R • t"iJiPi1 r ` uuWNio la u ( tip-Oi 31g mr RETURN RECEIPT PS Form 3871,July 1982 JIIIIMIIMIIMOIMOMMISC— r U (\�\ ,iri .o S `u p N• W w` M o4 ` $ s - M g r' r tjo W m- a. S a O ¢r- .� O nail x g $ ❑ CC cc a -w _liz CO r{ 03 w N @I % $ E r SSmU. g so Y a 1- I� m O �i IL ' ' l— m 11 • till k - s s a ti� LL m i .5e ti g 1 >r 0 ›v o < i t❑ w z z Jv ._ a I w (� 4J w 3 e N m a_ U 43W A a i 4 ,3 , r1 ,m,� �9 0 o w z .'� '-1 u g' 8 8 ! N u� i� 5 o xp ...r OC.1 N O• !U i U N 6 C A l ¢g.S S.' 9 2 uhf 1 r� p i • r id a w N RETURN RECEIPT m 3 PS For811,July 1982 _- I 1 1 II C E N1 w FA yey b \ C � • . 8{ • J Q W \\ yN e.,— S a i owl. e piii 0.....: g C�'Y C y2j J CC �' z ! I r rq A G NI \ yN�Ls)r— p ? z w-- it •••,. M I S a N M 9 • h a ai NIi7v $$gr1/41 1 iftHild -111-� j m r 41- la.a o w k $ O !:' 8 8 N H c ¢ m `�71 V z � � a1 JLIJ ' ij w Fo it w • O w • lJ ❑❑ a S ! I h � a � m -PS Form 3811,July 1982 G' r RETURN RECEIPT Hello