HomeMy WebLinkAbout20031223.tiff RESOLUTION
RE: GRANT REQUEST FROM GREAT WESTERN RAILWAY COMPANY OF COLORADO,
LLC, C/O FRED OTIS, ATTORNEY, TO PRE-ADVERTISE CHANGE OF ZONE #1040
FROM A (AGRICULTURAL) TO 1-3 (INDUSTRIAL) ZONE DISTRICT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has received a request from Great Western Railway Company of
Colorado, LLC, do Fred Otis, Attorney, Otis, Coan and Stewart, LLC, 1812 56th Avenue, Greeley,
Colorado 80634, for pre-advertisement of an application for Change of Zone #1040 from the
A (Agricultural) Zone District to the 1-3 (Industrial) Zone District, and
WHEREAS, said property is described as part of the SW1/4 NW1/4, NW1/2 NW1/4 of
Section 25; part of the E1/2 SE1/4 of Section 23; and the SW1/4 of Section 24; all located in
Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, and
WHEREAS,after study and review the Board deems it advisable to grant said request, with
the hearing date to be set as June 18, 2003, at 10:00 a.m.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request from Great Western Railway Company of Colorado, LLC, do
Fred Otis, for pre-advertisement of an application for a Change of Zone from the A (Agricultural)
Zone District to the 1-3 (Industrial) Zone District be, and hereby is, granted.
BE IT FURTHER RESOLVED by the Board that the hearing date to consider said request
be, and hereby is, set as June 18, 2003, at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of May, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: Lk, ;'" 1 -z≥%
D id E. Lon , Chair
Weld County Clerk to th IQ ')
ce ; Ro ert 1 den, Pro-Tem
BY: alt•. CD . �; +�>
Deputy Clerk to the B. T
M. J. Geile
APPR ED AS TO FORM:
William H. Jerke
County Attorney
Glenn Vaad
5A1Date of signature:
2003-1223
"G/170 /Z. /�
n PL1666
MEMORANDUM
rTO: Board of County Commissioners May 13, 2003
useFROM: Carol A. Harding, Deputy Clerk to the Board
COLORADO SUBJECT: Request for Pre-advertisement
Great Western Railway Company of Colorado, LLC, do Fred Otis, Attorney [has/have] submitted
a request that the application for Change of Zone #1040, which will be heard by the Planning
Commission on June 3, 2003, be pre-advertised. If you wish to approve this request, a hearing
before the Board on June 18, 2003, will allow adequate time for advertising.
2003-1223
PL1666
MEMORANDUM
Wi`Pe. To: Board of County Commissioners
COLORADO From: Monica Daniels-Mika
Subject: CZ-1040 - Pre-advertisement
Date: May 9, 2003
The Department of Planning Services has reviewed CZ-1040, change of zone for Great
Western Railway Company of Colorado, LLC, and is not in opposition to the pre-advertisement
of this case to be heard by the Board of County Commissioners on June 18, 2003. This case is
scheduled to appear before the Planning Commission on June 3, 2003.
Written request for pre-advertisement in page two of letter dated April 30, 2003.
M:\WPFILES\Donita\Misc\great western memo.wpd
2003-1223
PL- Ile 4, 1
SERVICE,TEAMWORK,INTEGRITY,QUALITY
OCSOTIS, COAN & STEWART, LLC
Attorneys And Counselors At Law
Fred L Otis
flotis@ocslaw.com
April 30, 2003
HAND DELIVER
Ms. Monica Daniels-Mika
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: Change of Zone
SW4 NW4 /N2 NW4 Section 25, Township 6 North, Range 67 West (110 acres);
Part of E2 SE4 Section 23, Township 6 North, Range 67 West (21 acres);
SW4 Section 24, Township 6 North, Range 67 West (12 acres)
6th P.M. Weld County, Colorado
Owner: The Ruth Winder Revocable Trust and 1996 Erna M.
Butler Revocable Trust (May 13, 1996)
Applicant: Great Western Railway Company of Colorado, LLC
Dear Ms. Daniels-Mika:
The Ruth Winder Revocable Trust and 1996 Erna M. Butler Revocable Trust (May 13, 1996),
owners, has authorized Great Western Railway Company of Colorado, LLC, applicant, to act as
their agent in the requested Change of Zone, and Great Western Railway Company of Colorado,
LLC has authorized Fred L. Otis to act as its agent in the enclosed requested Change of Zone.
See attached letters from the Trusts and Great Western, respectively.
Attached are the following:
1. Original Change of Zone (COZ) Application and 19 copies.
2. Original Change of Zone plat and vicinity and land use map and 10 copies.
3. One 81/2 x 11 reduced copy of Change of Zone plat and vicinity and land use
map.
The Doyle Building, 1812 56th Avenue, Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576
April 30, 2003
Page 2 of 2
4. Original Change of Zone Questionnaire and 19 copies.
5. Original Weld County Road Access Information Sheet and 9 copies.
6. Mineral Resource Statement and 3 copies.
7. Letter from the Town of Windsor confirming adequate water supply.
8. Letter from the Town of Windsor confirming adequate sewer service.
9. Copy of Deeds showing title to the properties in The Ruth Winder Revocable
Trust dated April 24, 2001, and 1996 Erna M. Butler Revocable Trust (May 13,
1996).
10. Soil Survey in included on Page 2 of the plat and vicinity and land use map. The
statement includes the type of soil.
11. Surface owners within 500 feet of properties.
12. Mineral owners and Lessees of minerals under the properties.
13. $2,100 check for application fee.
14. The investigation fee does not apply to this Change of Zone application.
15. The $11.00 plat recording fee will be submitted with the approved mylar.
As we indicated to you in person on April 28, 2003, there is one residence on the Property that
the Applicant acknowledges will become a non conforming use if this Change of Zone
application is approved. The Applicant intentionally has not excepted the parcel from the
application.
In addition, the Applicant has reviewed the Uses by Right in an I-3 Zone District found in
Section 23-3-330 B, and is willing to have a condition of approval that prohibits "Disposal of
domestic sewage sludge subject to the additional requirements of Article IV, Division 6 of this
Chapter." The Applicant would also be willing to have a condition of approval that restricts any
applications for a Use by Special Review that allows a commercial junkyard or salvage yard.
Applicant requests prepublication for the Commissioners meeting, and understands the risks in
making this request.
We trust this Change of Zone Application is complete and satisfies the County's requirements.
If you have any questions, please call me.
Sincerely,
Fred L. Otis
FLO:mas
Enclosures
xc Mr. Alex Yeros
Great Western Railway of Colorado, LLC
Hello