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Home My WebLink About800030.tiff Recorcec mat 1 �2 04.8� 1c7.3 .7\)O Rec. No. OA , State of Colorado, Weld County Clerk & Recorder RESOLUTION RE: GRANT CHANGE OF ZONE FROM B-BUSINESS DISTRICT TO C-COMMERCIAL DISTRICT FOR LYNN SETTJE, 1305 6TH STREET, GREELEY, COLORADO 80631 AND JOE E. SMITH, 3301 24TH STREET ROAD, GREELEY, COLO- RADO 80631. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the e affairs of Weld County, Colorado, and ' WHEREAS, a public hearing was held on the 2nd day of July, 1980 at 2 : 00 o' clock p.m. for the purpose of hearing the petition of Lynn Settje, 1305 6th Street, Greeley, Colorado 80631 and CJ Joe E. Smith, 3301 24th Street Road, Greeley, Colorado 80631 , requesting a change of zone from B-Business District to C-Com- mercial District for the following described parcel of land, to-wit: The North one-half (Nz) of Lot Three (3) , EXCEPT the East one-hundred feet (100' ) thereof, All in the Southwest Quarter of the Southwest Quarter (SWaSW4) of Section Nine (9) , Township 5 North, Range 65 West of the 6th P.M. , according to the sub- division of lands as made by the Union Colony of Colorado, County of Weld, State of Colorado. WHEREAS, Section 8. 2 and 8. 3 of the Weld County Zoning Reso- lution authorizes the Board of County Commissioners to grant a change of zone upon the showing by the petitioners of certain facts, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the re- quest 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 8 . 2 and 8 . 3 of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the petition of Lynn Settje and Joe E. Smith, for a change of zone from B-Business ?LC 31StI - 800030 908 1830172 4 -a District to C-Commercial District on the abovedescribed tract of land be, and hereby is , granted subject to the condition that the applicant shall provide for 50 feet of right-of-way south of the center line of 18th Street. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated June 3, 1980, 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 2nd day of July, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELDS COUNTY, COLORADO / /AA c ( n (Aye) C. W. Kirby, ,hairman a-oLa\& 4 kYr (Aye) Leonard L. Roe, Pro-Tem at _ (Aye) Norman Carlson (ABSENT) Lydia Dunbar '-'fji 1 1/4i -£- (ABSENT) ATTEST: 1&L j itrvi-1 ��-' ,vv June K. Steinmark Weld County Clerk and Recorder and Clerk to the Board eputy County/lerk AP VE AS TO FORM: County Attorney DATE PRESENTED: JULY 7 , 1980 A public hearing was conducted on July 2 , 1980 at 2: 00 P.M. , with the following present: BILL KIRBY CHAIRMAN LEONARD ROE COMMISSIONER NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER EXCUSED JUNE STEINMARK COMMISSIONER EXCUSED Also present: ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM HONE The following business was transacted: I hereby certify that pursuant to a notice dated May 28, 1980 and duly published May 29 and June. 19, 1980 in the Johnstown Breeze a public hearing was held on the request of LYNN SETTJE AND JOE SMITH for a CHANGE OF ZONE FROM BUSINESS TO COMMERCIAL. Mr. Honn read the Planning Commission' s favorable recommendation and conditions. Stephen J. Worrell, attorney for the applicants, was present and elaborated on the reasons for this request. There was no one in opposition to this request present. Following discussion Commissioner Roe made a motion to approve the change of zone from B to C for Lynn Settje and Joe Smith with the Planning Commission' s conditions. Commissioner Carlson seconded the motion and it carried unanimously. • CHAIRMAN / BOARD OF COUNTY COMMISSIONERS ` ATTEST: 1�'11air asw.4e %tu..� WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD ty County Clerk / DO'CRET 480-38 • TAPE ',` 80-45 LHR 2028 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. APPLICANTS - Lynn Settje DOCKET NO. 80-38 1305 6th Street Greeley, CO 80631 and DATE: JULY 2, 1980 Joe E. Smith 3301 24th Street Road TIME: 2:00 P.M. Greeley, CO 80631 REQUEST : Change of Zone, from B (Business) to C (Commercial) LEGAL DESCRIPTION: The North one-half (N1 ) of Lot Three (3) , EXCEPT the East one-hundred feet (100') thereof, All in the Southwest Quarter of the Southwest Quarter (SW1/4SWi) of Section Nine (9) , Township 5 North, Range 65 West of the 6th P.M. , according to the subdivision of lands as made by the Union Colony of Colorado, County of Weld, State of Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha White, Deputy DATED: May 28, 1980 PUBLISHED: May 29, 1980 and June 19, 1980 in the Johnstown Breeze aril� AFFIDAVIT OF PUBLICATION ^"r t`w'ra. THE JOHNSTOWN BREEZE a .Y.* c ''a STATE OF COLORADO ) rP'f c e� ) ss. .:• i COUNTY OF WELD ) t , e atthr oti � CBr agErrr 1, EThomas, do solemnly swear lr tithat I am publisher of The Johnstown c b" the anni"ere Breeze; that the same is a weekly rnsr w tb , newspaper printed,in whole or in part, and BE IT Af.99'IasOWN that tin published in the County of Weld, State of tat and aecertifiedbythe Colorado, and has a general circulation taint mthe e loon. therein; that said newspaper has been e to atthf published continuously and uninterrupted- ly in said County of Weld for a period of Center, 915 10th t, Third more than fifty-two consecutive weeks Floor, Greeley, Col y- ArrLICANTe prior to the firsI publication of the annexed isasThieweei legal notice or advertisement; that said Greeley,0osoesi newspaper has been admitted to the Joe E. and United States mails as second-class matter 9a0I oath Street Road under the provisions of the Act of March 3, Greeley,CO 80681 1879,or any amendments thereof,and that DOCKET NO.9o.e._ said newspaper is a weekly newspaper DATE:JULY2,t9ee duly qualified for publishing legal notices TIME:2:00 F.M. and advertisements within the meaning of REQUEST: Change of Zone the laws of the State of Colorado. me`r"ciaptB°eh"°e°l to C.tC°'"- That the annexed legal notice or LEGAL DEseRIeTION: advertisement was published in the regular and entire issue of every number of The North one-half(Nei)of Lot Three (E), EXClefl the E said weekly newspaper for the period of aet one-hundred yeet.(I0W) MereAll of thein the Southwest Quarter QuaQrytaerrt�of ...2....Oar�ave insertions; and that the (SK'?kaWrQ)of Section ine(9), first publication of said notice was in the tNorth_ ,..Raitieb 65 o thesubdivision on n't according issue of said newspaper dated.�i �2, , moor by u ofoteWel , ale A.D. 19....fO., and that the last publication Colorado et{,yet of Colorado 4. :, of said notice was in the issue of said THE BOARB)t')FCOG TPY friERa newspaper dated/Z.neX A.D. 199O Cotx)nnYd In witness whe eof I have hereunto set COi7NT'YFEGLICRIC p my hand dthis:IsfARY ANN 2 &day of J w. -e -- CLER[CTO Pl15BOAECORDER ARRD A.D. 19QB BY:Keitha White,Deputy DATEDi :y iK, nao ,l ant Publisher. Co. tegai 99-t9aCtera wait w.. Subscribed and sworn to before me. a Notary Public in and for the County of Weld,State of Colorado, this -I ;, day . _ of 4, A.D. 19._,) 1 Notary Public. , My commission expires..:. '-..,.. L - /. ..,I. ..... ! : Anidavit of Publication STATE OF COLORADO ss. County of Weld, I Alice J. Garland of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and »!u THE GREELEY REPUBLICAN 'sq.:. ,`, ri that the same is a daily newspaper of t + �3te''Ar,y . general } circulation and printed and published in the City of Greeley, in said county and state; that the notice or a advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive ' (days) (weeks); that the notice was published in the regular and entire issue of every number of said o newspaper during the period and time of publication of • a a t said notice, and in the newspaper proper and not in a r s n vT supplement thereof; that the first publication of said notice was contained in the issue of said newspaper bearing date a Sixteenth � „ day of June A.D. 19 80 , '^. £ and the last publication thereof; in the issue of said "r"u newspaper bearing date the z F Sixteenth N.4141 •'" day of A.D. 19 80#: vl r . ,, "" June that said The Greeley Daily Tribune and The Greeley 4 ' Republican, has been published continuously and 440 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. June 16 , 1980 $12 . 76 / (jAdvertising Clerk Subscribed and sworn to before me this 16th d o June A.D. 19 80 My c mission icpires ag , 1982 Notary Public APP Clerk to Book Cu, ec. No. 714-Ares teal 1517081 on May 81, 1888. Alt Total acreage equals 45.88 P.O. 418 kris. Frederick, ado'. 'TIM BOARD-crCOUl4NET�Yy WEt.D LORADO AFFIDAVIT OF PUBLICATION . DATE• near 96,1988, u- BY: THE JOHNSTOWN BREEZE tam,ew6au STATE OF COLORADO ) RECO remit: Special Use Permit — ) ss. • ton a existing Waste. wa' °r treatmentaystgin . ,-.1 BY:Jeannetta�a�rar COUNTY OF WELD ��,�/p„Qr. g 99 LEUALDESORWTXON ° � I, F' u s, o solemnly swear DATED: y 19 19! that I am publisher of The Johnstown That part of j18 Wit PUBU3} D:Mayr4, dale Breeze; that the same is a weekly Mo ,=�_; 1�hx,ag� .° ' a... newspaper printed,in whole or in part, and Lath . published in the County of Weld, State of ry;, Colorado, and has a general circulation PUBLIC NOTICE at stile est therein; that said newspaper has been NOTICE ` (19) thanes t 'N en published continuously an uninterrupted- Pweuantte - East 106.heeoufe of td ly in said County of Weld for a period of the�gtate of laws o[ Suttonal long the fin N e"`o tumyathe degrees16'8"Easts�'e g th 89 iley 1.53more than fifty-two consecutive weeks the H9aeera in 88ro-Iete or leis, to a prior to the first publication of the annexed Ca +�nn of , ton of legal notice or advertisement; that said �Ge�CTate of County trl�aett�glvoniry whit - is the newspaper has been admitted to the Street,['(}r�ee ego ld a We • xitauu a ' thence United States mails as second-class matter ttime spec 7TC 09 46„ mIn ans in rest . d East under the provisions of the Act of March 3, Mita arm ,are the Bk Pacific wooed to nd an thence 1879,or any amendments thereof,and that d may be 80de+ s 15" East said newspaper is a weekly newspaper E ITAL80144OWNthatthe �i{h6ode t 744 bet' duly qualified for publishing legal notices text and maps so certified by the East 840 feet' thence scuth 80 and advertisement within te meaning of weld county Planning Camels-. Cep i a 3 feet the laws of the State of Colorado. Non may be a Fr 880' el; office of the Clerk the Bdard ti feet oe North 80 That the annexed legal notice or of County Commissioners, degrees 07 (a.9, Eect 410;feet;located in the Weld Count theme NortA'§9"de7carwes 2W 45'i advertisement was continuum um Center, 915 loth East KO .Bee a North 60 published in the Street, Third FLOW, Greeley, tdegrees _ _West 932 feet regular and entire issue of every number of hencp trees 86' 16' We as7, omen, lei to said weekly newspaper for the period of DOCKET NO.80-87 the East Of the Union - _- ---- Pacific Rae ht-ofwa ; ...�...ceacecutive insertions; and that the West°39S.1y0.442 feet, o,e° OW 45" or less, first publication of said notice was in the along the a tt Railroad boundary yr of the way to , true point of issue of said newspaper dated in, 2 Z. beginning, ;containing 13.D. A.D. 19 9 O ay the °eQon'igbe Book°i° ° and that the last publication temEer 10, roue. °" sap' of said notice was in the issue of said RecAtof toflandlocatedinthew newspaperdated Tn.4e i2 Settle: R. of ,A.D. 199.0.... tarnas fobIn witness whereof have hereunto set Co mencina at tM 8w Corner my hand this2.O.day of Tc..--L of said Sot 19, Thence 6.W dogma 06 E along the S.line a A.D. 19.f a said nc Section 19, 106.7 feet; 2679.6 feet;0h •60 E Thence feet;Thence degrees 14'dines 0"E the N. Op•de Ear .pt on PFF{Wydd tRaWayhneoe ce Union PatclIIc R-Way Thence said OD M along C...-5)1 line a diic stance too theTrue Point of Pu s Thanes Continuin N.0Be nos Subscribed and sworn to before me, a Olt 46"g along OldEasttught- Notary Public in and for the County of of-W Lne a distance of 643.44 z t wvl p�iaa Ent �taAaes Weld,Spatef Colorado, this.... day •f � �E" .made: of 3l ..A.D. 19 CI) Er 418 Mf.^NSA t. la Notary Public. �' tEast Ypyy « aatrret�advve My commission expires �-� C�� distances' North e0�30'. 16" W., Ae feet. thtb ATTENDANCE RECOR APPLICANT : LYNN SETTJE AND ...,d E. SMITH TIME : 4.00 P.M. DOCKET#80-38 DATE : JULY 2, 1980 t REQUEST : CHANGE OF ZONE - B - C NAME /� ✓ :::; . DATE : MAY 28, 1980 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 2nd day of July, 1980 at 2:00 P.M. Docket No. 80-38 - Lynn Settje & Joe M. Smith, Change of Zone, B (Business) to C (Commercial) Docket No. 80-39 - Paul & Peggy Page, Special Use Permit - Aircraft Storage & Salvage OFFICE OF THE CLERK /TO THE BOARD BY ,/X1-/L./ lam .-) -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 6 dpi v BEFORE THE -LD COUNTY, COLORADO PLANNING C IISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUPITY COMMISSIONERS Date June 3, 1980 Case No. Z# 334:80:5 APPLICATION OF Lynn Settje and Joe Smith ADDRESS 1305 6th St. , Greeley, CO 3301 24th St. Rd. , Greeley, CO Moved by Fred Otis that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for rezoning from "R" ( Ruc'npcs lone Distril ) 1)-- . I Any, "C" ( Commercial Zone District) covering the follow' PaLCOAMISSIINIE property in Weld County, Colorado, to-wit: (see attached) JUNG 1980 VIII REELFY. COLO "~ be recommend (favorably) (*#4#3F$#'##illkto the Board of County Commissioners for the following reasons: 1 . The applicant has complied with Section 81.7 et. seq. of the Weld County Zoning Resolution regarding the application requirements for a change of zone. 2. It is the opinion of the Planning Commission that this request is consistent with the Weld County Comprehensive Plan in that the property is located in the City of Greeley Comprehensive Plan area and the City of Greeley Planning Commission has set forth no objections to this request. The request was found to be in conformance with the adopted policies in the Greeley Comprehensive -Plan. 3. It is the opinion of the Planning Commission 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 or Flood Hazard area. These determinations are based, in part, upon a review of the information submitted by Motion seconded by: ,harry Kipfpr Vote: For Passage Jerry Kiefer Against Passage Fred Otis Bob Halleran Bob Ehrlich Chuck Carlson The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Dianne J. Reed , 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 June 3, 1980 and recorded in Book No. VII of the proceedings o7 the said Planning Commission. Dated the 4th day of June 1980 . /0,411/n/rt o2_ --/Od Secretary Planning Commission Recon. ndation June 3, 1980 Z-334:80:5 Page 2 the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. 1 . The applicant shall provide for 50 feet of right-of-way south of the center line of 18th Street. iZONING PLAT - SET1IE I SMTH "B" 2USINESS DISTRICT TO, "C" CCMMCP. 1AL DISTRICT JL- - - - - - - - - • 330't - E. 18th STREET .IJ.S. Hw_Y. 34 el ul `F :+ en Z Q r 230'= lop I > I I ± 1,74 Ac-. I iniHI ce Present Zone (g) I I t� o Re9uested zone (c) m CO �' « n I I I I + 7 Ch I Scale . I"=100' ;- v. I i ° * , ) OW I 4145 LEGAL DESCRIPTION_ 4 7 The North one-half (N1/2) of Lot Three (3) , EXCEPT the East one-hundred feet (100' ) thereof, All in the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of Section Nine (9) , Township 5 North, Range 65 West of the 6th P.M. , according to the subdivision of lands as made by the Union Colony of Colorado, County of Weld, State of Cgl,orado. SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepared undartmy-supervision on October 26, 1979 and that the same is correct to the best of my knowledge and belief. m *i 6616(.... r-e.i r is Jae 4 ea t „,,- . , Gerald B. McRae, Professional Engineer an -7 . r c,.••,,': Land Surveyor, Colorado Reg. No. 6616 % F•.:- b�-•"mac,: i�4, �F11COL .�. iiiiraioinittOw PROPERTY OWNER'S APPROVAL: Lynn K. Settje and Joe E. Smith being the sole owners in fee of the above described property, do hereby request the zonin as shown on the attached map. Lynn` K. Settje J Jo . Smith The foregoing certification was acknowledged before me this 8 — day of 4J A.D. , 1979. Witness my hand and seal . My Commission Expires: .4,4f / cfe- ✓ /LE -k_c-eC�-e,./ �r"'1111�� Notary Public . • PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commission does ere y recommend to the Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this Zone Change as shown and. described hereon this day of , 1979 Ch an,. I al nningasole.4* c. ion BOARD OF COUNTY COMMISSIONER'S CERTIFICATION: This is to certify that the Board of County Commissioners, Weld County, Colorado do hereby confirm, approve and adopt this Zone Change as shown and described hereon this day of , 1979. ATTEST: . County Clerk Chairman, Board of County Commissioners RECORDED: Deputy DATE: • a.. MCRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 PROD,79165 Date : June 3, 1980 CASE :yuBER: Z-334:80:5 ' A/E: Lynn Settje and Joe Smith REQUEST: Change of Zone from "B" Business Zone District to "C" Commercial Zone District LEGAL DESCRIPTION: Part of the SW1 SW1, Section 9, T5N, R65W LOCATION: Approximately 350 feet east of the intersection of 1st Avenue and East 18th Street THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE Approved FOR THE FOLLOWING REASONS : 1. The applicant has complies with Section 81.7 et. seq. of the Weld County Zoning Resolution regarding the application requirements for a change of zone. 2. It is the opinion of the Department of Planning Services Staff that this request is consistent with the Weld County Comprehensive Plan in that the property is located in the City of Greeley Comprehenisve Plan area and the City of Greeley Planning Commission has set forth no objections to this request. The request was found to be in conformance with the adopted policies in the Greeley Compre- hensive Plan. 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 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 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 of the referral entities which have reviewed the request. The Department of Planning Services Staff recommendation for approval is subject to the following item being accomplished: 1. The applicant shall provide for 5o feet of right-of-way south of the center line of 18th Street. There appears to be 33 feet of existing right-of-way shown on the rezoning plat. 17 feet of additional right-of-way is being requested by reservation. The Greeley Planning Commission and the State Highway Department has requested the additional right-of-way. �.,.Y :,rtei ; rt' .." •., . ';•:,. . F"•.ti��.��L.. I(• - � �. - t7r __...-w:-i...-- i 1711 ...r-...._ t.r1'. �. ., f _ it —_�...._ e i.., �„� i. �. *44-•,.. •,i.'yi�t''.•i ,�'., `�"�"iJ ` � `•�,''� .�., I-.,- rte.: r•1+r + ±._.� GREELEY CIVIC. GEN1ER _..,_ELE O;:AAL)O 60631 PHONE .303) 353.6123 May 30 , 1980 Charles Cunliffe Assistant Zoning Administrator Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Dear Chuck: The Greeley Planning Commission at its meeting on May 27, 1980 reviewed the request by Lynn Settje and Joe Smith for rezoning from Business to Commercial of the property located southeast of East 18th Street and First Avenue. The Commission recommended no objection subject to the provision of the 50 foot right-of-way south of the center line of 18th Street . If you have any questions with regard to this matter, please do I� not hesitate to contact our office. Respectfully, • Ken McWilliams City Planner ,��2627M890 KM:AJ: k a '��` 1�i► �.•Enclosures lo R CA., -.0 "I "kW/W:°6e �Q 21 �`NN E' Gl\\�` "A COMMUNITY OF PROGRESS" _ .._. .. _, E P IVE REVIEW TBAM April 50, 1980 1 . EL?E,-„'AL FPOM WELD CO \TY : RE O`cI\G FROM BUSINESS TO COMMERCIAL LOCATION: Southeast of East 18th Street and First Avenue Represented by : Steve Worrell , Attorney First National Bank Building 1025 Ninth Avenue Don Billings 12033 WCR 36 Platteville , CO 80651 Ken McWilliams indicated that this is a request for rezoning from business to commercial on approximately 1 3/4 acres . The site involved is the former location of the Chuckwagon Dinner Playhouse . John Gauthiere noted that there is an existing 5/8 inch water ` tap which serves the property. Mr. Gauthiere noted that this tap was obtained prior to the City ' s requirement pertaining to raw water transfer in exchange for City domestic water service . Mr. Gauthiere indicated that raw water may be required if the property is subdivided, if new taps are requested, or if larger taps are requested . Ken McWilliams noted that the raw water dona- tion requirement is tied to provision of City water service irregard- less of whether the request is inside or outside the City limits . Mr. McWilliams also noted that the cost of the water taps as well as the water rate charges are less inside the City than outside the City. John Gauthiere indicated that development of the property would necessitate an additional sewer tap since the existing tap does not conform to City specifications . Mr. Gauthiere noted that sewer service is available in First Avenue and could be accomplished through extension of a sewer line from First Avenue . Mr . Gauthiere also noted that additional water service would require extension of the 8 inch water line from First Avenue . Mr . Gauthiere noted that a 14 inch water line is projected to be developed along East 18th Street in the next four to five year time frame . Mr. Gauthiere noted that this is part of the East Greeley Water Service Study which has yet to be completed . The study basically deals with the provision of an arterial water transmission system for the East Greeley area . Vertis Einspahr identified the need to provide a fire hydrant within 250 feet of any development which occurs on the property . Max Karner indicated that 18th Street is a designated arterial in the City' s Comprehensive Plan and identified the need for an addi- tional 17 feet of right- of-way for the development of a 100 foot wide arterial street. Mr. Karner indicated that there was some confusion as to the existing right-of-way for this section of 18th 4' . AD11IN1STRATIFE REVIEW TEAM April 30 , 1980 Item I , Page 2 Street and suggested that SO feet of right- of-way from the existing center line be provided for each side of 18th Street for its future development as an arterial street . Mr. Karner suggested that Mr . Billings contact the State Highway Department to determine more accurately the existing right- of-way for this particular section of 18th Street . Mr . Karner also noted that a drainage report done by a professional engineer should be done at the time of development of the property. Ken McWilliams indicated that the proposed rezoning to commercial at this location would be in conformance with the adopted policies in the Greeley Comprehensive Plan . Mr. McWilliams suggested that the developer consider annexation to the City of Greeley , which is now available since the Seyler No . 2 Annexation has been brought into the City. The Seyler No . 2 Annexation should provide the necessary contiguity so as to make this particular piece of property eligible for annexation . Don Billings indicated that he has a contract to purchase the property subject to rezoning of the property to a commercial desig- nation. Mr. Billings indicated that he has no particular development plans for the property at this point in time . Mr. Billings indicated that he would like to have time to consider the alternative in annexing to the City and developing in the City rather than pursuing the rezoning in the County. Additionally, Mr . Billings indicated that he would like to review with the City Planning staff the type of zoning which the staff could support in the City and the specifics of that zoning category including uses , setbacks , etc . rate : 20, 1980 CAS1 NUMBER : Z-334 :80:5 NAME : Lynn Settje & Joe Smith REQUEST: Change of Zone from "B" Business Zone District to "C" Commercial Zone District LEGAL DESCRIPTION: pt. sw4 5141/4 Sec. 9, T5N, R65W LOCATION: approximately 350 feet east of the intersection of 1st Avenue and E. 18th Street THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE continued FOR THE FOLLOWING REASONS : The property under consideration is located in Greeley' s Comprehensive Planning area. The City of Greeley Planning Commission has not considered the request and has not formulated a recommendation to the County. It is the opinion of the the staff that because of the propertys propinquity to the City of Greeley' s incorporated area that the County delay action on the request until a recommendation from the Greeley Planning Commission is received. The staff would recommend that this request be continued to the June 3, 1980 scheduled Planning Commission Meeting. This will provide sufficient time for the Greeley Planning Commission to consider the request and make a recommendation. CASE SU ARI' SHEET Case Number : Z-334:80:5 P. C . Bearing Date : May 20, 1980 Applicant : Lynn Settje & Joe Smith Property Owner : Same Size of Parcel : 1.74 Acres + Staff member to Contact : Chuck Cunliffe Legal Description : Pt. SWa SW; Sec . 9, T5N, R65W Location : Approximately 350 feet east of the intersection of 1st Avenue and E. 18th Street Existing Zoning : Business Request : Change of zone to Commercial • Possible Issues Summarized from Application :Materials : See comments from Colorado State Highway Department letter dated May 6 , 1980 and Colorado Geological Survey letter dated May 5, 1980. Property located in Greeley' s Comprehensive Planning Area. No comments have been received form City of Greeley at the time of mailing Planning Commission packets . RE7" 'ING APPLICATION nn 'ASE # : Dept. of Planning Services App . Ch' d By : (14,(L/ Date Rec ' d: 915 10th Street App . Fee : Ign , nn Receipt # : 11 NS- Greeley, Colorado 80631 Record . Fee : 0',0 0 Receipt #: Phone : 356-4000, Ext . 404 TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado : LEGAL DESCRIPTION : The North one-half (N1/2) of Lot Three (3) , EXRPT the East one-hundred feet (100') thereof, All in the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) of Section Nine (9) , Township 5 North, Range 65 West of the 6th P.M. , according to the subdivision of lands as made by the Union Colony of Colorado, County of Weld, State of Colorado. (If additional space is required, attach an additional sheet) Property Address (if available) : 204 East 18th Street, Greeley, CO PRESENT ZONE (B) PROPOSED ZONE (C) TOTAL ACREAGE t 1.74 Ac. OVERLAY ZONES None SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING : Name : Lynn K. Settle Home Telephone Ik : 352-6288 Address : 1305 6th Street Bus . Telephone 1k: 356-7500 Greeley, Colorado 80631 Name : Joe E. Smith Home Telephone # : 356-5007 Address : 1.23 29 __ - 33O/ 24 bf.td Bus . Telephone # : 3 50& Greeley. Colorado 80631 352-65&5' Name : Home Telephone 1k: Address : Bus . Telephone # : Applicant or Authorized Agent (if different than above) : Name : Stephen J. Worrell (Attorney at Law) Home Telephone # : 356-5942 Address : #302 , First National Bank Bldg. Bus . Telephone 4k : 353-8000 Greeley, Colorado 80631 Owner(s) of mineral rights on or under the subject properties of record in the Weld County Assessor ' s Office : Name : United States Government (except "Coal and Iron Land" ) 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. 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E-60,-.70 �o / Ec$ Lind- aldocky k S {, z 1 /Co. I mod r / ies Vacant V icing y Mcj 4.1. - NOTES: - 1. Property has City Water & Sewer services . 2. Property does not lie in flood plain. 3. There are no geologic hazards or eco- nomical mineable mineral resources 9c0/0: re IOC on property. Mc RAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 79/$5 F"-� United States Soil quip, Department of Conservation \:,._- % Agriculture Service 4302 W. 9th St. Road, Greeley, CO. 80631 February 19, 1980 Mac McKinley Scott Realty Company 1212 8th Avenue Greeley, Colorado 80631 This is in answer to your request for soil and site information for change of zone for a 1.74 acre lot on east 18th Street, Greeley, Colorado. There are two soil types present on the property that will influence the use of the site. The soils are Otero sandy loam, 0 to 1 percent slope (53-A) , and Olney fine sandy loam, 0 to 1 percent slope (55-A) . Please reference the attached soils map for approximate location of each soil and the soil map unit descriptions for soil details. Both soils have only slight limitations for use as commercial sites. Both soils indicate adequate supportive capacity for construction of small commercial build- ings, and the site should be adequate for septic tank filter fields. Both soils are susceptible to wind erosion if soil surface is exposed. Measures should be taken during construction to insure adequate soil surface protection is - - --- maintained to avoid wind erosion hazard. These two soils are c msidered to be prime agricultural land if irrigated. However, due to location and size of the parcel, this should not be considered a factor for approval of this request. If soil conditions other than those described above and in the attached soil descriptions exist, an on-site soil investigation should be performed by a competent soils engineer to determine proper design criteria for conditions. If you have any further questions, please feel free to contact this office. (S' e (/rely, Attu-A-- Ronald D. Miller District Conservationist Greeley Field Office cc: Weld County Planning Commission RDM:jb .....% H. j _ /V March 26, 1980 tr EQ ( ) �c., 79a1d Cn WELD COUNTY PLANNING COMMISSION `•y( ;y; 915 10th Street Greeley, Colorado 80631 Re : 204 E. 18th Street -- Rezoning Application Gentlemen: The proposal to rezone this property appears to be consistant with the Weld County Comprehensive Plan to concentrate commer- cial areas near population centers and where adequate traffic access and utility services are available or are economical to expand or extend. It is also consistant with the City of Greeley ' s present planning in this area. The tract to the South is presently in the process of being annexed to the City and a I-1 District (Light Industrial) is being considered. The uses permitted under the "C" Commercial District are not extremely divergent from those allowed under the existing "B" Business District. In fact , some of the uses would actually be much less demanding on the street and utility systems. In my opinion, the uses allowed in the requested "C" zone would be compatible with the existing uses to the North and West of the property. Land to the South is vacant, to the East is an older residential unit located on 0. 7± acres. The property has an existing 4" sewer tap and service line to the 21" trunk line in First Avenue. There is also an existing 5/8" or 1" water tap to the 4" main in East 18th Street. Fire protection is available from the City hydrant at the intersection of 1st Avenue and 18th Street (approxi- mately 350 feet from the Northwest corner of the site) . The contemplated use of "storage warehousing" would require only domestic use for office facilities and the existing services would be more than adquate. The City of Greeley is continuing planning and construction to up grade water and sewer service to this area. The owner would dedicate an additional 17 feet along the North side of the property to provide a 50 foot half Right-of-Way for East 18th Street. This is consistant with the Highway Department ' s previous requests along East 18th Street . The property is about 350 feet East of Pa Page 2 • WELD COUNTY PLANNING COMMISSION Re: 204 E. 18th Street -- Rezoning Application the street intersection. The Highway Department would have the opportunity to review access locations to the property at the time development plans are complete. If further questions need to be answered or additional information is required, we will be glad to supply this information. Your cooperation is appreciated. Yours very truly, ' ,L_.��.^l�. , l._J 0 O A_PPLICAn`T Lynn K. Settje and Joe E. South CASE # Z-334:80:5 REFERRALS SENT OUT ON : April 18, 1980 z U REFERRALS TO BE RECEIVED BY: May 6, 1980 C Ca FT] H C F7. U U C? L7 H p ti F. Co C? H F 7 O U tZ 0 ti REFERRALS RECEIVED �X APR 28 1980 1.County Attorney I� WY 8 1380 2.County Health NPR 23 ISM 3.County Engineer 4. City of Greeley Planning Commission c/o Ken B. McWilliams Greeley Planning Department Civic Center Complex Greeley, Colorado 80631 5. State Highway Department 1420 2nd St. x MAY 81S9 Greeley, Colorado 80631 6. Colorado Geological Survey 1313 Sherman Street X 6 4980 Room 703 Denver, Colorado 80203 6. Soil Conservation Service X F'i 4302 West 9th Street Road [� 1. 1 G 3 Greeley, Colorado 80631 7. Bette Kountz Planning Commission Member 22708 Weld County Road 52 Greeley, Colorado 80631 • 8. William Bailey, Chief Western Hills Fire Department X APR 2 8 38U 1804 Cherry Ave. Greeley, Colorado 80631 or co Ne p0 COLORADO STATE DEPARTMENT OF HIGHWAYS + '** DIVISION OF HIGHWAYS Weld County /875 SH 34 May 6, 1980 Settje-Smith Rezoning 350' E. of 1st Ave. On S. Side of 34 Bus. DOH FILE 45100 Ms. Vickie Traxler ' . v V3 ® - \ Department of Planning Services �`\" �\� e Weld County 2 REG co�Qti c, 915 Tenth Street a a\P cc!-7 Greeley, Colorado 80631 % ott ear 5 Dear Ms. Traxler: �4�! �w`�� We have reviewed the Lynn Settje and Joe Smith rezoning application, and we have the following comments. 1 . As indicated in the application, right of way is to be dedicated so that a 50-foot width will be available to the south of the U.S. Highway 34 centerline. This is acceptable to us and is also consistent with the City of Greeley's transportation plan. 2. We also agree with the statement concerning future review of access to this property. We are interested in limiting access to well-defined driveways which are necessary to serve this property. Curb and gutter would be an appropriate means to define the access to this property. 3. Surface runoff and potential highway traffic noise impacts are also factors for consideration. The City' s requirements for detention should provide adequate storm-water control . Highway noise impacts may or may not be of concern, depend- ing upon the proposed use for this site. Building setbacks and/or noise insula- tion should be considered as means to provide noise abatement. Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER c /Ai Albert Chotvacs ,tC .. Assistant District Engin4er AC:da cc: D. M. Bower D. N. Fraser (2) File: Crier-Jacobson via Rames-Finch-Graham w/encl . . .d P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 or co erettods lidp Fes' �d N � O RICHARD D. LAMM * *. JOHN W. ROLD GOVERNOR ** Director 7825 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES O 78-t- 715 STATE CENTENNIAL BUILDING -1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 h:iAY 1980 May 5, 1980 { RECEIVED ` -1 cc Wild County Pfanntsg Cents** .a d Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Dear Department Members : RE: CASE NO. 2-334:805 SETTJE-SMITH REZONING WELD COUNTY We have reviewed the Settje-Smith rezoning application and have no objections to the change from Business to Commercial zoning. If any new construction takes place, we recommend that a soil and foundation study be completed prior to development. Sincerely, E r�v� ✓ c� Julia E. Turney Engineering Geologist JET/gp cc: LUC .f GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE FIELD CHECK FILING NUMBER: Z-334 DATE OF INSPECTION : April 28, 1980 NAME: Settje and Smith REQUEST: Change of zone "B" Business to "C" Commercial LEGAL DESCRIPTION: Part of the SW1/4 SA Section 9 T5N R65W LAND USE: 14 Manufacturing Building Industrial Services Office E Residential S Mobile Home Park W Vacant ZONING: 14 Commercial LOCATION: 300 feet east of 1st Avenue and E Business/Estate East 18th Street (south side) s Residential w Business COMMENTS: Property is vacant of any structures. This was formerly the "Chuck Wagon Dinner Playhouse" site. There were some semi-truck trailers being parked on the property. Accesses to property are existing. Access is to east 18th Street. Neighborhood is commercial/Industrial in nature. �41 rjg BY: 0...,.0 \kjr3Ose 4/30/80 �1-1 PROPERTY OWNERS RE : List of property owners within 500 feet of the following: The North 1/2 of Lot 3 , Except the East 100 feet thereof, all in the SW1/4 of the SW1/4 of Section 9 , Township 5 North, Range 65 West of the 6th p.m. , County of Weld, State of Colorado 1. Robert J. Brunner & Nancy A. Brunner & Gordon K. Smith & Joan P. Smith Property Address : 1202 9th Street, Greeley Mailing Address : 1926 25th Avenue, Greeley Took Title By Warranty Deed, recorded on 10/2/79, Reception #1805069 2 . W. E. McMahan & Margaret E . McMahan Property Address : 1918 East Highway 34 , Greeley Mailing Address : % Hensley Battery, 1816 1st Avenue Took Title By Warranty Deed, recorded on 10/23/72, Reception #1600219 3 . Moore Bearing Company Property Address : 1721 1st Avenue, Greeley Mailing Address : 1400 Howard Street, Detroit, Michigan 48226 Took Title By Warranty Deed, recorded on 2/15/77 , Reception #1711287 4 . Donald H. McWilliams & Bette B. McWilliams Property Address: 119 18th Street, Greeley Mailing Address: 1713 33rd Avenue, Greeley Took Title By Warranty Deed, recorded on 9/7/79 , Reception #1802575 5. Johnnie Bernhardt & Ruth E. Bernhardt Property Address : 569 East 18th Street, Greeley Mailing Address : SAME Took Title By Warranty Deeds , recorded on 9/7/77 , Recp. # ' s 1729757 and 1729758 6 . Dale L. Majors Property Address : 1700 1st Avenue, Greeley Mailing Address : SAME Took Title By Warranty Deed, recorded on 3/1/77 , Reception #1712497 7 . John A. Russell Property Address: 217 East 18th Street, Greeley Mailing Address: 2173 28th Street, Greeley Took Title By Warranty Deed, recorded on 1/10/77 , Reception #1708360 8 . Susan B. Anderson Property Address: 217 East 18th Street, Greeley Mailing Address : 1607 Fauracres Drive, Greeley Took Title By Warranty Deed, recorded on 2/6/80, Reception #1816258 9 . Bruce J. Carlisle & Lois L. Carlisle Property Address: Mailing Address: 1931 34th Avenue, Greeley Took Title By Warranty Deed, recorded on 11/14/79 , Reception #1809218 10. The Goldmax Company Property Address : Mailing Address : P . O. Box 267 , Denver, Colo. 80201 Took Title By Warranty Deed, recorded on 2/5/80 , Reception #1816196 11. Joe T. Leal & Julia Leal Property Address: 1742 1st Avenue , Greeley Mailing Address : 4402 West 9th Street, Greeley Took Title By Warranty Deed, recorded on 1/9/70, Reception #1541277 12 . Emily K. Ferguson Property Address : 403 East 18th Street, Greeley Mailing Address : Route 1 , Box 20, Henderson, Colo . 80640 Took Title By Quit Claim Deed , recorded on 4/4/68 , Reception #1514979 13 . Virginia Harsh & J.K. Harsh Property Address : 906 East 20th Street Mailing Address : SAME Took Title By Warranty Deed, recorded on 7/30/74 , Reception #1641649 14 . Mobile Home Parks of America, Inc . Property Address : 2021 1st Avenue Mailing Address : % John Houtchens , 1007 9th Avenue, Greeley Took Title By Warranty Deed , recorded on 4/24/70, Reception #154609.5 PROPERTY OWNERS (cont. ) 15 . Colorado Commodity Traders , Inc . Property Address: 1907 1st Avenue, Greeley Mailing Address: P .O. Box 1665, Greeley Took Title By Warranty Deed, recorded on 6/5/79, Reception #1792602 16 . Frank C. Gregory & Robert W. Gregory Property Address : 104 North 18th Street, Greeley Mailing Address : SAME Took Title By Warranty Deed, recorded on 2/25/76 , Reception #1682067 17 . James O. Arnold & Darleen Arnold Property Address : 216 East 18th Street, Greeley Mailing Address : SAME Took Title By Installment Land Contract, recorded on 10/31/78, Receptior #1771499 18 . James Hensley & Co. Property Address : 1816 1st Avenue, Greeley Mailing Address : SAME Took Title By Warranty Deed, recorded on 7/26/74 , Reception #1641300 19. Archie J. Gibson & Gene H. Gibson Property Address: : .- 1830 Delwood Avenue, Greeley Mailing Address : SAME Took Title By Warranty Deed, recorded on 7/25/74 , Reception #1641259 20 . Lawrence E. Kime & Doris M. Kime Property Address: 403 East 18th Street, Greeley Mailing Address : SAME Took Title By Warranty Deed, recorded on 3/27/62, Book 1610 , Page 32 21. Dick A. Flodell & Madeleine Flodell Property Address: 121 18th Street, Greeley Mailing Address : P.O. Box 995, Crested Butte, Colo. 81224 Took Title By Warranty Deed, recorded on 9/23/74 , Reception #1645292 THIS STATEMENT IS NOT TO BE CONSIDERED AN OPINION AND STEWART TITLE OF GREELEY ASSUMES NO FINANCIAL LIABILITY BY THEREOF RECORDS CERTIFIED TO APRIL 7 , 1980 @ 7 : 45 A.M. fiJ from the Office of THE BOARD OF COUNTY COMMISSIONERS Greeley, Colorado WELD COUNTY, COLORADO May 23 1980 Publisher: Please insert the enclosed notice in your issue the week of June 16 1980 one time only. (Use small t Regarding payment complete the enclosed voucher and forwarde as in le gals) t) us . When returning the voucher, a it to publication so we may complete ourlfilesinclude an affidavit of Thank you for your cooperation. Sincerely, Docket No. 80-38 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY : Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board 9 By: Jeannette Ordway • Deputy County Clerk [ Hello