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RECEPTION-.--- -.-.--' MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County CoI n ' calor4o D RESOLUTION RE: GRANT CHANGE OF ZONE FROM I-INDUSTRIAL DISTRICT TO A-AGRICULTURAL DISTRICT FOR TED AND MARION KOOLSTRA, 30126 HIGHWAY #257, WINDSOR, COLORADO 80550 0 WHEREAS, the Board of County Commissioners of Weld County, o 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 c- WHEREAS, a public hearing was held on the 10th day of June, 1981 at 2 : 00 p.m. for the purpose of hearing the petition of Ted and Marion Koolstra, 30126 Highway #257, Windsor, Colorado 80550, requesting a change of zone from I-Industrial District to A-Agricultural District for the following described parcel of land, to-wit: That portion of the Southwest Quarter of Section 34, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as follows: Considering the South line of said South- west Quarter of Section 34 as bearing North 84°16 ' 32" East and with all bearings contained herein relative thereto; Commencing at the Southwest corner of said Section 34; thence South 71°38 ' 48" East 935. 25 feet to the Easterly right-of-way line of Highway 257; thence along said Easterly right-of-way line North 61°44 ' 06" West 543. 70 feet to the beginning of a curve concave to the Northeast, having a central angle of 04°35 ' 00" and a radius of 1372. 50 feet (the chord of which bears North 50°43 ' 06" West 109. 76 feet) ; thence along the arc of said curve and continuing along said Easterly right-of-way 109. 79 feet to said South line of Section 34; thence continuing along said Easterly right-of-way line and along the arc of a curve concave to the Northeast, having a central angle of 14°19 ' 16" and a radius of 1372. 05 feet (the chord of which bears North 41°15 ' 58" West 342 . 16 feet) 343. 06 feet to the TRUE POINT OF BEGINNING: thence continuing along said Easterly right-of-way and the arc of a curve concave to the Northeast, having a central angle of 10°45' 44" and a radius of 1372. 50 feet (the long chord of which bears North 28°43 ' 28" West 257. 43 feet) 257. 81 feet; thence ct continuing along said Easterly 488. 90offgeetyanndnagain North 16°38 ' 6" a 20 'Wet West 194. 38 feet; line North 9u Ou 00"EEastrly 508. 27 feet; thence South 09°18 ' 00" West 512 . 14 feet; thence South 03°19 ' 59" West 160. 22 feet; thence South 26°16 ' 25" West 243. 05 feet to the TRUE POINT OF BEGINNING. Containing 6. 19 acres, more or less. Tko , 810028 LHR 2072 � [ 18f;6oW) BOOK RECEPTION as Page 2 RE: GRANT CHANGE OF ZONE (KOOLSTRA) - Continued WHEREAS, Section 81 of the Weld County Zoning Resolution authorizes the Board of County Commissioners to grant a change of zone upon the showing by the petitioners of certain facts, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the petitioners and the recommendations of the Weld County Planning Commission, and having been fully informed, is satisfied that the request for re-zoning complies with the Weld County Comprehensive Plan and the conditions set out in Section 81 of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the petition of Ted and Marion Koolstra, for a change of zone from I-Industrial District to A-Agricultural District on the above described tract of land be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated April 21, 1981 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Q��"'i __.t6=9 (Aye) uc Carlson, Chairman ATTEST: + (Aye) Norman Carlson, Pro-Tem WE1d-C my Clerk and Recorder , J/; ic ( 7 (Aye) and Cle k to the Bo7r-d—' , . if fby / (\---... BY ?; C ��t r< ,/ ' b (Afe) �/ Deputy Co" p Clerk= hn T. Martin A�ER/V D AS TO FORM: bJ, e) ne K. einmark �1L��1 SSS County Attorney DATE PRESENTED: JUNE 15, 1981 A public hearing was conducted on June 10 1981 at 2 : 00 P.M. , with the following present: CHUCK CARLSON CHAIRMAN NORMAN CARLSON PRO TEM BILL KIRBY COMMISSIONER JOHN MARTIN 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 notices dated May 4 , 1981 and duly published May 7 & May 28, 1981 in the Johnstown Breeze a public hearing was held on the following requests : COZ, I to A and SUP, dairy operation. Both requests were made by Ted & Marion Koolstra. Tom reviewed the the Planning Commission' s favorabler recommendation on the COZ request and reviewed the favorable recommendation and proposed develop- ment standards on the SUP request. CHANGE TAPE 81-36 The applicant was present and elaborated on his requests. The was on one present in opposition. Discussion was held regarding development standard #5. The District Engineer form the State Health Department has suggested that a berm on the west side is not necessary. Development standard #5 was amended to read: "The dairy facilities (corrals, barn and lagoon) shall be protected by a berm to prevent site runoff from leaving the property. Surface runnoff should be designed to be diverted to the lagoon. Refer to Soil Conservation Service recommendations for design requirements found in the Special Use Permit filed with the Weld County Department of Planning Services. " Commissioner Carlson made a motion to approve the COZ as requested. Commissioner Steinmark seconded the motion and it carried unanimously. Commissioner Carlson made a motion to approve the SUP with the development standards as amended. Commissioner Steinmark seconded the motion and it carried unanimously. • CH i RMAN ATTEST: ,<. ;. VA',#;/`&, t ftGiR,✓:�k���.�a BOARD OF COUNTY COMMISSIONERS WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD $Y: /)l?i:Z= �'�, �� i 96puty County Clerk DOCKET 81-28 COZ I to A 81-29 SUP, dairy TAPE# 81-35 & 36 SHR 2072 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Comnissioners of Weld County , Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified . All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor , Greeley, Colorado . APPLICANT DOCKET NO. 81-28 Ted -and Marion Koolstra 30126 Highway 4257 Windsor, Colorado 80550 DATE: June 10, 1981 TIME : 2 : 00 P. M. REQUEST : Change of Zone , from I (Industrial District) to A (Agricultural District) LEGAL DESCRIPTION: That portion of the Southwest Quarter of Section 34, Township 6 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as follows : Considering the South line of said Southwest Quarter of Section 34 as bearing North 84°16 ' 32" East and with all bearings contained -herein relative thereto; Commencing at the Southwest corner of said Section 34 ; thence South 71°38 ' 48" East 935 .25 feet to the Easterly right-of-way line of Highway 257 ; thence along said Easterly right-of-way line North 61°44 ' 06" West 543 . 70 feet to the beginning of a curve concave to the Northeast, having a central angle of 04°35 ' 00" and a radius of 1372 . 50 feet (the chord of which bears North 50°43 ' 06" West 109 . 76 feet) ; thence along the arc of said curve and continuing along said Easterly right-of-way 109 . 79 feet to said South line of Section 34; thence continuing along said Easterly right-of-way line and along the arc of a curve concave to the Northeast, having a central angle of 14°19 ' 16" and a radius of 1372 . 05 feet (the chord of which bears North 41°15 ' 58" West 342 . 16 feet) 343. 06 feet to the TRUE POINT OF BEGINNING: thence continuing along said Easterly right-of-way and the arc of a curve concave to the Northeast, having a central angle of 10° 45 ' 44" and a radius of 1372 . 50 feet (the long chord of which bears North 28° 43 ' 28" West 257. 43 feet) 257 . 81 feet; thence continuing along said Easterly right-of-way line North 16°38 ' 36" West 488 . 90 feet and again North 13°20 ' 36" West 194 . 38 feet; thence leaving said Easterly right-of-way line North 90°00 ' 00" East 508 . 27 feet; thence South 09°18 ' 00" West 512 . 14 feet; thence South 03°19 ' 59" West 160. 22 feet; thence South 26°16 ' 25" West 243 . 05 feet to the TRUE POINT OF BEGINNING. Containing 6 . 19 acres, more or less. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeannette Ordway, Deputy DATED: May 4 , 1981 PUBLISHED: In the Johnstown Breeze on May 7, 1981 and May 28 , 1981 A13,tate, Add/65s 34c2---- (27 4 �� .�D / e,7,1_6 6(7 ais7 fact-7..44/ , l J; �� � c:s. S.3- /mac/r/i Sr ;6' 72 .:,4 i _ /JS"` at/G� per//(z - L 6 , 3s— ;f 6U� o- t 7frydz 'z'6f.�� ' - .3�� ii Y 7370a. _.4/ ,&°_ `/ tz., v}� Lc)G/C (o /oZ is CIA. /5`3 5- LrJ�'2 l6 7a i, 1-1-4t5- toe , Ai--e// =., a3zos S. 47P-i2 ,efc,,,, ' a-Ya„ 4,„,. Oyu` cpO/ ti co l[ b 6raf,2%,,,JP /f „ &A,„-L,:,' 0.s?ow,, > 133- I-cJ R ,.z0%y it aditd hwco A,V aPi it 6eu SUP 365 E: - lellaillaill eCc AFFIDAVIT OF PUBLICATION N0T*CL Pursuant to the zoning laws of THE JOHNSTOWN BREEZE the grate of Oolorado and the Weld County Zon?n Rol ayubHe hearing vibe held�hi STATE OF COLORADO ) the Chambers of Board ofee County Comminlonenffi Weld ) SS County, Colorado.-Weld Coun COUNTY OF WELD ) Cent oral Cent r, 918-18th taaoldat I, Clyde Briggs, do solemnly swear that 1 streatiait, am publisher of The Johnstown Breeze; � ara that the same is a weekly newspaper may he 11°a'b printed, in whole or in part, and published BE IT ALSO KNOWN Mat the DESCRthwest :QuarterMat in the County of Weld, State of Colorado, text and maps soeetlnad by the the goutnshipth, County Planning Commiplon a 6M West of .t ooh, -and hasageneral circulation therein; that may be in m the Office Pik ci l of the Weld ld of the be the Board of the Principal Colorado,Meridian, said newspaper and has been published County Commissioners, located County, described Sasouth -in the Weld County Centennial line taws: Co nsidering the south continuously uninterruptedly more in than n Center;018 10th Street, Third �teplea io said as ba bearing Qu arth 84 OfaFloor,Greeley,Colorado. Sd9��ttl¢o¢n 84 ae ratan Nortti 84 County Weld for a period of wPPLICANT. b9r� as contain dtherei"nmrela fifty-two st cation of consecutive weeks prior to the Ted and Marion ts ereto;Commencing at the first publication of theannexed legal notice 801 d M�t on ooltra west comer of sald_Rectlon 5 izhwa No.o0260 34i, ence South 71 degrees 88' or advertisement; that said newspaper has • 43 ' East 985.25 fee the been admitted to the-United States mails as DOCKET NO.81-21Easterly rlghtwf-way line of Highway zBT; mencealong said second-class matter under the provisions of DATE: June 10, 1981 Eat terlyright-of-way line North _the Act of March 3, 1879, or any 81 degrees 44' 06" West 548.70 TALE: 3400„P.M. feet to the beginning of a-curve concave to the Northeas t amendments thereof, and that said REQu Zone, having a central angle of Or newspaper is a weekly newspaper duly ham] t)toe, degrees 88'DO" and-a radius of toe,( 137$.30 feet (the chord of which qualified for publishing legal notices and bean North 60 degrees-48' 06" advertisements within the meaning of the NWet 109.76 feet); thencea1on� the arc of said curve and laws of the State of Colorado. continuing along said Masterly rr f-way Wanfeet to said That the annexed legal notice or advertise- SoufnJine of Section 84• thence continuing along said Easterly ment was published in the regular and right-hi-way line and along the entire issue of every number of said weekly arc of a curve concave d the Northeast, having a central period er news aP for the of cuzDeLu`angk of 14 degrees 19'18"anda newspaper roam of 1672.08 feet the chord tive insertions; and that the first otwhlch bean North 41 degrees Ire ee",west 842.16 feet I44a.00e publication of said notice was in the issue of fest to the TRUE PO1�4T OF said-news L ,/ HIDffINNING: thence cantlnu. paper datedi?7... .1.., A.D. 1�J...., luorg along said Easterly right-of- and that the last ublication of said notice way. and the arc of_acurve P concave to she-Northeast, hay- was in the issue of said newspaper dated a central angle of 10 degrees 4.f-i2$, A.D. 1-9..'D,./ 44"and a radius of 1x/2.60 feat(the tong chord of which fn witness whereof I have hereunto set _beep North RI-degrees 48' 28" y mreesgt 457.48e feet) 257.81 5 nq sat• my hand this ...- 4 day of. / EaO6erly right-of-way line North A.D. 19�.. feattAnndagaiiit North`13ti,g9reeee0 -20'8g" West 194.38 feet; thence leaving said Easterly riaglhit-of- wayhneNorthBOdegreesd0'00" . .,.-4eirt-j- East608.27 feet•thenceSouth 09degrees 18'00"West 612.14 feet• Publisher tthhgepr����South 08 degrees 19'-Se't weet180.22 feet;thence South 26 deyeees 16'26'•Nest 243.06 feet to the TRUE -POINT OF BEGINNING. Subscribed and sworn to before me, a Containing 6.19 acres, more or Notary -Public in -and for the County of Wm. Weld],State of Colorado, this � day of THE-BOARD oF �L< A.D. 19S�.. COUNTY COMMISSIONERS WELDCOCCOLOR Dd `// zi.. �/�L.BY�MARY ANN. .ZCG.leC%. ccZG2: COUNTYCEMRK AND .. RECORDER fay Public. CLERK TO THEBOARp BY:Jeannette Ordway TkilaltY, My commission expires ......../..... DASD: May-4, 1981 B SEED;In ft Jam on� Ca gal 811-5-Clerk to the PROOF OF PUBLICATION The North Weld Herald Eaton, Colorado 80615 STATE OF COLORADO, ) County of Weld ) SS• I, c 1A '2'1_do solemnly swear that I am ai of THE NORTH WELD - HERALD; that the -same is a weekly newspaper printed, in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; and-that said newspaper has NOTICE Pursuant to the zoning laws of the been published continuously and uninterru tedl in said P Y State of-Colorado and me weld-County County of Weld for a period of more than fifty-two con- Zoning Resolution,a-public hearing-will secutive weeks next prior to the first Co ntyibmeCsioners *Weldof County, publication of the County o --meldlo Coum'weld tennial . 15 1 C Centennial annexed legal notiLE oradvertisement; that said newspaper Center, .yls lom Street, Greeley, has been admitted to the United States mails as second- Colorado,at the time specified. All persons In any manner interested in me class matter under the provision of the Act of March 3, 1879 following proposed Change of Zone are requested to attend=nd may be heard. or any amendments thereof, and-that said newspaper is-a BE ITALSO KNOWN-hat the text and weekly newspaper duly qualified for publishing leg-al Planning-Commissioonmaybbeeexaminedd noticesand advertisements within the meaning of the laws the Couunithy� ommsson to errsmocaed in of the State of Colorado. the Weld-County Centennial Center,915 10th Street, Third -Floor, Greeley, Colorado. . That the annexed legal notice or advertisement was AAPPPLEaND. else published in the regular and entire issue of every n mbar of TedaT nd Marion Koolstra -said weekly newspaper for the period of CWJ- I \ 30126 Highway 257 Windsor,June elorado 80550 1 consecutive insertions; and that the first publication-of said TIME:J:00 FM19e1, dated REQUEST: Change of Zone, from I notice was in the issue of said newspaper (Industrial District) to A (Agricultural c-ntal.7tqg A.D., 11987 , District) and that the last U LOCATION: Approximately-two miles p ication of said notice was in the issue south of Windsor on-the east side ofState of said publication dated A33., Highway portal ., 19 WI , Said parrrot-of-contains,6.19 acres, more or less. ' In witness whereof I have hereunto -set COMMISSIONERS LJ' my hand this THE BOARD-OF COUNTY �±�C6"�I -�I-'ryry�YYtUUt��A''''�""""V,''''C�l� day of ATD 19SL. WELD COUNTOLORADO �'/I/N/LQ BY: MARY-ANNEEUERSTEIN � COUNTY-CLERK AND RECORDER C� �, Pa CL₹RK'TO THE BOARD C - BY; Jeannette Ordway, Deputy DATED: May 4, 1981 P. I $I. 1he11orth Weld Harald May /) A - Me MM. Subscribed and sworn to before me, a notary public in )and for the County of Weld, State of Colorado, this ll// / rir day of /tt47 A.D., 19 r CV 2 Notary Public U`` l s -Mr y ePiimtsslest expires Oct. 19, 1982 BEFORE T! HELD COUNTY, COLORADO PLANNING ^MISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS C/1 "--; / Date April 21, 1981 347 :81:1 `�/1 Case No. Z# APPLICATION OF Ted and Marion Konlstra ADDRESS 30126 Highway 237. Windsor. Colorado 80550 Moved by Bob Ehrlich 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" ( Industrial District) to "A" ( Agricultural District) covering the following described property in Weld County, Colorado, to-wit: part of the SW4, Section 34, T6N, R67W o₹ the 6th P.M. , Weld County, Colorado be recommend (favorably) Wpoovzootly4 to the Board of County Commissioners for the following reasons: The property is currently improperly zoned and zoning should be Agricultural regardless of any other action taken by the Planning Commission members. 1. The applicant has complied with Section 81.7 et. seq. o₹ the Weld County Zoning Resolution regarding the application requirements for a change of zone. 2. It -is the opinion of the Planning Commission that the proposal is consistent with Weld County Comprehensive Plan Policies. The property is located on the southern edge of the Windsor Plan area. It is presently buffered from the town by Kodak's Industrial area (approximately two -miles) . From the subject property to the south is Agriculturally Zoned and in agricultural use. The County Comprehensive Plan policies promote and encourage agribusiness uses to the extent they do not adversely effect the tax base or -environment of the County. This parcel has potential as an agribusiness Location which, due to its proximity from the town, and lack of availability of Motion seconded by: Don -Billings Vote: For Pass-age Jack Holman Against Passage Wilbur Wafel Bob Halleran 41/4 Betty Kountz u M S' Don -Billings Se �a49 Bob Ehrlich Th irman declared the Resolution passed and ordered thatacertified copy be for- ward 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 Welt -County, Color-ado, adopt?ri on April 21, 1981 and recorded in Book No. VII of the proceedings er the said Planning Commission. Dated the 24 day of April , 1981 . Secretary_—�—` Resolution of Recommendation to the Board of County Commissioners Ted and Marion Koolstra Z-347:81 :1 utilities for industrial uses (as expressed by the applicant) is consistant -with the Weld County Comprehensive -Plan policies. Further, it is the Planning Commission's opinion that changing conditions may exist which warrant a change of zone. Since original zoning of the property in 1969, no development of an industrial nature has taken place and the property has changed ownership. The present owner wishes to attempt pursuit of an agribusiness on the property which cannot be conducted in an Industrial District. These events further amplify the change from the original intent in zoning of this property for industrial usage. 3. It is the opinion of the that this request will be compatible with the surrounding land uses, will have adequate water and sewer service to serve the permitted uses within the proposed zone district, and will have adequate road and highway facilities to provide access to the property. In addition, the property does _not appear to have sand, gravel, or other mineral resources on or under the subject property and is not located within a Geologic ar Flood Hazard area. These determinations are based, in -part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses the referral entities which have reviewed the request. COMMENTS Ted and Marion Koolstra COZ-347:81:1 1. The town of Windsor -expressed an unfavorable review for the change of zone request. It is the Planning Commission's opinion that the concerns expressed in the town's letter are environmental concerns relevant to the Special Use Permit and do not address the effects of their plan. 2. No comment has been received from surrounding land owners for this request except _from a representative of-Kodak. Concerns expressed were of an environmental nature regarding drainage and pollution. These concerns would appear to affect the Special Use Permit and not the change of zone request. Date: April 21, 1981 CASE NUMBER: Z-347:$1:1 NAME : Ted and Marion Koolstra REQUEST: Change of Zone from "I" to "A" LEGAL DESCRIPTION: part of the SW1, Section 34, T6N, R67W LOCATION: 2 miles south of Windsor - east side of State Highway 257 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE Approved FOR THE FOLLOWING REASONS : 1. The applicant has complied with Section 81.7 et. seq. of the Weld County Zoning Resolution regarding the application requirements for a change of zone. 2. It is the opinion of the Department of Manning -Services staff that the proposal Is consistant -with Weld County Comprehensive Plan -Policies. The property is located on the southern edge of the Windsor Plan area. It is presently buffered from the town by Kodak's Industrial area (approximately two miles) . From the subject property to the south is Agriculturally Zoned and -in agricultural use. The County Comprehensive Plan policies promote and encourage agribusiness uses to the extent they do not adversely effect the tax base or environment of the County. This parcel has potential as an agribusiness location which, due to Its proximity from the town, and lack of availability of utilities for industrial uses (as expressed by the applicant) is consistant with -the Weld County Comprehensive Plan policies. Further, it is the staff's opinion that changing conditions may exist which warrant a change of -one. Since original zoning of the property in -1969, no development of an industrial nature has taken place and the property has changed ownership. The present owner -wishes to attempt pursuit of an agribusiness on the property which cannot be conducted in an Industrial District. These events further amplify the change from the original intent in zoning of this property for industrial usage. 3. It is the opinion of the Department of Planning Services staff that this request will be compatible-with the surrounding land uses, will have adequate water and sewer service to serve the permitted uses within theproposed zone -district, and will have adequate road and highway facilities to -provide access to the property. In addition, the property does not appear to have sand, gravel, or other mineral resources on or under the subject property and is not located within a Geologic or Flood Hazard area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses Theodore Koo-lstra C0Z-347:81-_1 Page 2 the referral entities which have reviewed the request. The Department of Planning Services staff I--eels that because the property owner is asking for the change of zone to permit a specific special use, the change of zone should be conditional upon the approval of the Special Use Permit which accompanies this request. TEH:rjg B-l-9 COMMENTS TED AND MARION KOOISTRA COS-347:81:1 1. The town of Windsor axpresstd an unfavorable review for the change of zone request. It is the staff's opinion that the concerns expressed in the town's letter are environmental concerns relevant to the Special Use Permit and do not address the effects of their plan. 2. No comment has been received fry surrounding land owners for this request except from a representative of Kodak. Concerns expressed were of an environmental nature regarding drainage and pollution. These concerns would appear to affect the Special Use Permit and -not the change of zone request. TEH:rjg 4/20/81 CASE SUMMARY SHEET Case Number: coz-347 and P. C. Hearing Date : SUP-463 April 21, 1981 Applicant : Property Owner : Ted and Marion Koolstra Same Size of Parcel: Staff Member to Contact : . 6.19 acres Vickie Traxler Legal Description : . Lot A - RE 702, part of the SW}, Section 34, T6N, R67W Location: 2 miles south of Windsor on the east side of Highway 257 Existing Zoning: Industrial Request : Change of Zone from Industrial to Agricultural to allow a dairy by Special Use Permit Possible Issues Summarized from Application' ia'tei'itis 1. Response from Town of Windsor 2. Seepage into groundwater VT:rg ..EZONING APPLICATION case # : (07, •3 47 :s1 : Dept. of Planning Services App. Ch' d By : AfXh Date Rec 'd: � � ��q8/ 9).5 10th Street App . Fee : /40,c� Receipt # : /l C($--- Greeley, Colorado 80631 Record. Fee : aco Receipt # : Phone : 356-400_0, 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 : X A 2c 2 K S j— -q- (If additional space is required, attach an additional sheet) Property Address (if available) : O/a }/ 02S- PRESENT ZONE PROPOSED ZONE /4 TOTAL _ACREAGE 6, 3 OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: 2t7:, Home Telephone Jf : / Ero Address : av,i.�d � — 7 Bus . Telephone -#: V/o 55-e _Name : Home Telephone -# : Address : Bus . Telephone #: Name : Home Telephone # : Address : Bus . Telephone # : Applicant or Authorized Agent (if different than above) : Name : Home Telephone # : Address : Bus . Telephone # : Owner(s) and/or lessees of mineral rights on or under the subject properties -of record in the Weld County Assessor ' s Office : -Name : • Address : Name : Address : Name: Address : I hereby depose and state under the penalities of perjury that all state- ments, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature : Owner or Authorized Agent Ain Subscribed' and `sworn to before me this iL day of Y� l , 19g1 1 . SEAL NOTARY PUBLIC corr.ission expires : S1 .- � Ca j 1'ex3 Koelstra 3012 h;,:y 25. Windsor, Colo. 686-2418 Acreage 6.1 : The reset zone is np:: indtrial. All ground surrounding this parcell is zoned A excerpt to -the east and that is zoned industrial with an A variance permit. We propose to have this parcell rezoned back to A due to being to small to divide and also having no utilities available at this time. There are no plans to devel.pe this acreage in the near future. Kodak formerly had this ground rezoned from A to industrial and did not use it as they _orily had intended. Development was bei:ig con^Sri d with at tile i.0d2'i was lA.L n; th,ir plant, but uroloiaged time ...as shown development is not colaiLs !n" this direction. Being 2. 5 miles from town this parcel: is zoned industrial by faulty zoning and was never used as pro- posed. This parcell of ground has been a weed patch end eye sore for the past two years. By being rezoned to A will provide rights that rill allow us to turn it into a pro,:uctive piece of ground. All buildings and corrals are new and will create an attractive aite. Much can fencing and buildings Eill be torn down. • -117 x I ,. PROPERTY OWNER'S APPROVAL: -I, , being the sole owner in fee of the above described property , do hereby request the zoning as shown nn the attached map. The foregoing certification was acknowledged before me this day of 1981. Witness my hand and seal. My commission expires Notary Public PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commissi-on does hereby recommend to the Board of Commissioners, Weld County, Colorado for their confirma- tion, approval and adoption of this Zone Change as shown and described hereon this day of , 1981. Chairman, Planning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION: This is to certify that the _Board of County Com- f? missioners, Weld County, Colorado do hereby Approve pprove and adopt this Zone Change as shown and described hereon this day of 1981, ATTEST: County Clerk Chairman, Board of County Commissioners RECORDED: Deputy DATE: That portion of the Southwest Quarter of Section 34, Township 6 North, Range 67 West of the 6th -Principal Meridian, Weld County, Colorado, described as follows: Considering the South line of said Southwest Quarter of Section 34 as bearing North 84'16'32" East and with all bearings contained herein relative thereto; Commencing at the Southwest corner of said Sec- tion 34; thence South 71°38'4-8• last -335. 25 feet to the Easterly right-of-way line of Highway 257; thence along said -Easterly sight-of-way line North 61°44'06" West 543.70 feet to the beginning of a curve concave to the Northeast, having a central angle of 04°3500" and a radius of 1372, 50 feet (the chord of which bears North 50°43'06" West 109.76 feet) ; thence along the arc of said curve and continuing along said Easterly right-of-way 109. 79 feet to said South line of Section 34; thence continuing along said Easterly right-of-way line and along the arc of a curve concave to the Northeast, -having a central -angle of 14°19'16" and a radius of 1372.05 feet (the chord of which bears North 41°15'58" West 342.1_6 feet) 343.06 feet to the TRUE -POINT OF BEGINNING; thence continuing along said Easterly right-of-way and the arc of a curve concave to the Northeast, having a central angle of 10°45'44" and a radius of 1372,30 feet (the long chord of which bears North 2-8°43'28" West 257.43 feet) 257.81 feet; thence continuing along said Easterly right-of-way line North 16°38'36" West 488.90 feet and again North 13°20'36" West 194. 38 feet; thence leaving said Easterly right- of-way line North 90°00'00' -East 3DB.27 feet; thence South 09°18'00" West 512.14 feet; thence South 03°19' 59" West 160,22 feet; thence South 26°16 '25" West 243.05 feet to the PRUE POINT OF BEGINNING. 2ontaining -6, 19 acres, more or less. Q 1\llli\UiA:i114 ��o� -kUi Pp fs%v,, N � `1� •oigi C p • N90.00'COE sob.2^t' 0 ,cps. Te Ni3I 8w 134117662 _# 17662 1 Soo•i-9'03•Val G(f •C O • •�T3 si .ia 1.•‘;•%°. .• ...P�: 488.9O 9 2 , F C;V LOS`�O`\\ SCE.•x'59--W lr I hereby certify that this plat was r_ „_�, prepared under my supervision, and i C�p,n• ye y rta ,g ,y�i that same is correct to the best of o t 1045.44' R:i37z.So' EN c61> my knowledge and belief, °528'43'20-E -5?_G"I G•25-NN 267.x3' 2<D.-o3 KRUBACK ENGINEERING - SURVEYING, INC, 1-2Z tS1' d: i4•i9'IC:4 = 1372 S0• • Cis•N . i{•13 Sf'MIa42.1L ECOQ ( 7/7/ / // • s43 oc ' gcc.34 / .!•e-- -/'f" - D-fZ/19/81 c� CDR C014 3 David M. Poeschf, CO L.5. -#176_62 5SC.a4 Jz04•35.- NW CDR 2• i']'�2 o' _ Sa'4343'OG'W roc!roc!.7` �g66.E L' .gO --pc; 935 nl G1°44'OV"v•J • 543 10• TED KOOLSTRA P-81-3055 >c r=L LIS co o APPLICANT Ted _and Marion-Koolstra` 1� C CASE # Z-347:81:1 ca REFERRALS SENT OUT ON: March 20, 1981 z U REFERRALS TO BE RECEIVED BY: April 9, 1981 C f7 -i1 cc U U Q Gi H p, h CO Q� [] O L-4.) C4 c REFERRALS R£CEI17ID County Attorney County Health County Engineer . _r Town of Windsor IAttn: Ken Henscke X jj Box 627 Windsor, CO 80550 T Soil Conservation Service -(- 4302 West 9th St. Rd. Greeley, CO 80631 Bob -Halleran 2 Daisy Court Windsor, CO 80550 Colorado Geological Survey yv 1 —9 — p 1313 Sherman Street Rm 703 Denver, Colo. 80203. State. Highway Department —� — C1 1420 2nd Street Greeley, CO 80631 �A� State Engineer - kV Division of Water Resources 1313 Sherman Street Rm 818 Denver, CO 802D3 Eaton Ditch Company FIELD CHECK coZ 31`7 FILING NUMBER: Su_p 463 DATE DF INSPECTION: NAME: IInecdcist anA (110.-C.t), ' to\sirrn REQUEST: r u 4 Co 7 ., T A-0 P� LEGAL DESCRIPTION: t4* A EE z P} 5u /- ec-+c - 3S 6N,Q67k/ LAND USE: N A t ;cu-k-i.r,rQI E A4ric� l�vr4" S ccg(cu \A , r�1 J ZONING: N rcl . -Vr-r„ LOCATION: a YY�� 5 � eiF E LD Inca«S�-Y-Cr0 Wk ck-c)r t)a Q ale Sim S t'‘rYt.A� DC Vhw‘)e3 a31 W s?-eNaLkS ; Cl COMMENTS : \Dui \ a oval n (-cols . S*r �LLrA,, d . O ", CT( f L ''�" Cry\ ()AS�V\m D,�� e r� haue n h \4 YPrpn455 . 3ICS a \ S P ze_n t> 'AL° c t -n,e rc -kri, NOor-P, -OP CP f t l r.-.Qfn\>a w htem, fir, -1 t,. rr,.Q, . BY: \);r�.tt. lilu`n ! `ri Ds l ot. v �1 - 1 /, / P-r- C- (--, nc -- _ k P. O. BOX S27 WINDSOR, COLORADO 80550 0 fir:_ . April 6 , 1981 Ms. Vicki Traxler Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Dear Ms. Traxler: In regard to the County Referrals sent to us for Planning Commission review, April 2 , 1981 , the requests for lot division by John O. P . Miller and Dwight Holter have been recommended for approval. The request for zoning change from "I " Industial to "A" Agricultural by Theodore Koolstra has been recommended for denial due to the following concerns : They are strongly opposed to a dairy operation on such a small site which is naturally bounded by Highway 2-57 on the west and a drainage ravine on the east. It is the opinion of the Planning Commission that a dairy at this location will be detrimental to the aesthetics of the area which causes serious con- cern because of the proximity to Windsor. In addition, they raised questions concerning the ground water and Poudre River pollution potential . Also please note that Windsor Planning Commission holds their regularly scheduled meetings on the first Thursday of each month. Sincerely , TOWN OF WINDSO4 p� - t� r' r; mss, erineth R. Henschke /; ��` �•Q Town Administrator R•. t� ��J i /] 7; ��te. `tae t � MAILING LIST =Z-347:81:1 SUP-463:81:9 THEODORE AND MARION KOOLSTRA Robert and Alma Jess and Helen Anderson Route 1 Box 40 Windsor, Colorado 805-50 Eastman Kodak Company Kodak Colorado Division ATTNL John Girolmo Building C-_11 Windsor, Colorado 80550 James and Margy Abbott 8944 Weld County Road 62 Windsor, Colorado 80550 Dan Klingenberg Route 1 Box 402B Windsor, Colorado 81330 Terry and Charlene Wadsworth Route 1 Box 40-A Windsor, Colorado 80550 Robert and Veda Knox Rout-e 9 4200 E. County Road x/30 Fort Collins, Colorado 811621 Clyde Davis, Trustee c/o Tusscon Realty, Realty and Trust 211 South Stone Tuscan, Arizona, 857W. ri1 29, 1981 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 hearings for the 10th of June, 1981 DOC x:81-26 COZ, C to I, Aldage & Rollande Prevost "81-27 SUP, Dairy & horse operation, Robert Lewis, et al DOC "81-28 COZ, I to A, Ted & Marion Koolstra DOC S`81-29, SUP, Dairy, Ted & Marion Koolstra m' #81-31, SLED, asphalt plant & gravel operation, Flatiron Paving • OFFICE OF THE CLERK TO THE BOARD B : 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