HomeMy WebLinkAbout810023.tiff t BOOK950. I EPTION.1574382 DATE 19rIME_J_rQ d�pin
MARY ANN FEJERSI EW, Clerk and Recorder, Weld County, Colorado/
a-/
RESOLUTION
RE: GRANT CHANGE OF ZONE FROM I-3 INDUSTRIAL TO A-AGRICULTURAL FOR
THE WELD COUNTY PLANNING COMMISSION
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
U
affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 7th day of October,
1981 at 2: 00 o' clock p.m. for the purpose of hearing the application
of the Weld County Planning Commission, 915 10th Street, Greeley,
Colorado 80631, requesting a change of zone from I-Industrial District
to A-p..riculturalDistrict for the following described parcel of land,
to-wit:
Block 2, lots 1-12 Block 3, lots 1-17 Block 4 , lots 1-34
Block 5, lots 1-34 Block 6, lots 1-21 of the East Side
Addition to the Town of Eaton, as recorded on October 4 , 1902
in Book #3 of Maps at Page 20, reception #82434
WHEREAS, Section 21. 6. 2 of the Weld County Zoning Ordinance
provides standards for review of such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony
and statements of those present, has studied the request of the
applicant and the recommendations of the Weld County Planning
Commission, and having been fully informed finds as follows :
The change is warranted because as the use of the property
now exists, it is faulty zoning; further that the uses allowed
in the present zoning are not compatible with the uses that do
exist and therefore unnecessarily restricting the owners of the
property. Adequate water and sewer service can be made available
if the zoning is changed. It is the opinion of the Planning
Commission that the request complies with Section 21. 5. 1 et seq.
of the Weld County Zoning Ordinance. The original zoning to
Industrial was made on an area wide basis. This method did not
provide for public notice to individual land owners nor did it
appear to consider existing land uses which in this case were
residential. The Planning Commission further feels that the
rezoning to Agricultural does not make the existing residental
use any less incompatible with other agricultural or industrial uses
in the neighborhood. While the Agricultural District does provide
the single family dwellings as a use by right (and therefore
allows homes to be constructed) , only a few potential new building
sites exist within the requested area. One of Eaton' s concerns
deals with their comprehensive plan (and as well, therefore, future
compatibility) . The agricultural zoning may permit residental
use while industrial districts do not; the Planning Commission
feels; however, that agricultural zoning of an existing residential
area is not an impediment to continued industrial development in
the area or the ability to rezone this area for industrial use in
the future if the residential use ceases. Water and sewer service
to the subject area can be made available to the site to serve
permitted uses. Street and highway facilities provide adequate
access for the proposed zone district.
/O\
813023
813023
BOOK 0. RECEPTION.....1.!i'7 .§2
a -a.
Page 2, COZ, Weld County Planning Commission
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that the application of the Weld County
Planning Commission, for a change of zone from 1-3 Industrial District
to A-Agricultural District on the above referenced tract of land be,
and hereby is, granted subject to the following:
1. That an adequate water supply be demonstrated prior to
issuance of a building permit for any new residental
structure.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
October, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ABSTAINED
Chuck Carlson, Chairman
C it-Eas t — (AYE)
Norman Carlson, Pro Tem
/:7/ 7/L1cC - (AYE)
C. 1 Ki y
7
- (AYE)
T. Martin
(-1L.
ne K. Sç7LE
ark
ATTEST:
Weld County Clerk and Recorder
and Clerk to the Boa d
•,----v-Lt Arty
7 Deputy County Cl rk
✓/
APPROVED AS TO FORM:
(-______Cl/z,2,7"&„. 4O%)atecies)(c- -
County Attorney
DATE PRESENTED: OCTOBER D9, 1981
A public hearing was conducted on October 7 , 1981 at
2 : 00 P.M. , with the following present:
CHUCK CARLSON CHAIRMAN
NORMAN CARLSON PRO TEM
BILL KIRBY COMMISSIONER
JOHN MARTIN COMMISSIONER
JUNE STEINMARX 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 a notice dated August 31, 1981 and
duly published September 3 & 24 in the Johnstown Breezea public
hearing was held on the request of the WELD COUNTY PLANNING COMMISSION
FOR A COZ, I-3 to A, for an area known as EAST EAST EATON.
Tom Honn reviewed the Planning Commission' s favorable recommendation
and their facts and findings regarding said determination. The Planning
Commission is of the opinion that the original zoning was faulty.
Adequate water and sewer can be provided if the COZ is approve.
Tom reviewed for those present the background of this case.
a
An attorney for the residents of East Eaton was present and elaborated
on the reqest. He pointed out that the residents can not obtain
the needed funds for upgrading their sewer & water unless the COZ
is approved.
A letter has been received from the Eaton Planning Commission stating
their opposition to the COZ .
Mr. H. P. Christensen, mayor of Eaton, was present and expressed his
personal support for the COZ and urged the Board of make a favorable
_decision.
Judy Krone, Weld County Housing Authority, was present and explained
their support and the work they have done with the residents to obtain
the necessay funding.
CHANGE TAPE 81-63
The Board discussed the issue.
Commissioner Steinmark made a motion to approve the COZ from I-3 to A;
for the reasons stated by the Planning Commission, that the original
zoning was faulty; conditional that an adequate water supply be
demonstrated, for a particular type of development, prior to the issuance
of a building permit.
Commissioner Kirby made a motion to amend Commissioner Steinmark' s motion
-to say "any additional new residental structure" in lieu of "for a
particular type of development" . Commissioner Steinmark seconded the
motion and it carried unanimously.
The amended motion carried by the followii.- ON
vote. All commissioners vote aye except the D
Cha an who obstained. BOAR D OF COUNTY COMMISSIONERS
ATT
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
uty County C erk
0De
k
-DOCKET° 81-44
TAPE 81-62 & 63
LHR 2085
•
NOTICE
Tursuant 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 .
'3E 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. 81-44 Weld County Planning Commission
915 10th Street
Greeley, CO 80631
DATE : October 7, 1981
'TIME : -2 : 00 P.M.
REQUEST : Change of Zone , from I-3 (Industrial) to A (Agriculture)
LEGAL DESCRIPTION:
Block 2, lots 1-12
Block 3, lots 1-17
Block 4, lots 1-34
Block 5, lots 1-34
Block 6, lots 1-21
-of the East Side Addition to the Town of Eaton, as recorded on
October 4, 1902 in Book 43 of Maps at Page 20, reception #82434
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: AUGUST 31, 1981
PUBLISHED: PUBLISHED SEPTEMBER 3 and SEPTEMBER 24, 1981
PROOF OF PUBLICATION
The North Weld-Herald
-Eaton, Colorado 81)615
STATE OF_COLORADO, )
County of Weld ) SS.
I• a •• i. ii.6< `, -Gr4_ , _do solemnly swear that I am
≥<'cp, of THE NDRTH WELD -HERALD; that theNOT ICII OP PUSUCHZABRIG same is a weekly newspaper printed, in whole or in part, and per,
ien
published in the County of Weld, State of Colorado, and has DIE SPERICE NLANOFTin PROPOSED
BASTRATON WATB(.AND SANI—
a general circulation therein; and that said newspaper has TAnoNnrsTgrcr
NOTICE is herekv given of a hearing he-
been published continuously and uninterruptedly in said fore the Board of County Cot issloners of
County of Weld for a period of more than fifty-two `Weld CountyColo
, rado•o"the fah day of
y' con- /January,1962 at the hour of 2:00 P.M.in the
secutive weeks next prior to the first publication of theCentennial Center,
ter,the P9151 t annexed legal notice or advertisement; that said newspaper .considering the service plan of the proposed
has been admitted to the United States mails as second- East Eaton Water and Sanitation District.
to tbe
District Control Act pursuant
2-1.201,
class matter under the provision of the Act of March 3, 1879 seq.,-CRS et trict 19y3. Ace, Set.
-or any amendments thereof, -and that said newspaper is a topics of the service Plan are on-file at
weekly newspaper duly qualified for publishin a al the Office of the Clerk to the Board of County
9 Commissioners located on the 3rd poor.Weld
notices and advertisements within the meaning of the laws County Centennial Center,915 10th Street.
of the State of Colorado. Greeley. Colorado, and may be inspected
wring regular business hours.
Within 20 days after the completion of
the heating,the Board of County Commis-
That the annexed legal notice or -advertisement was stoners MO consider the approval of the
published in the regular and entire issue of every number of Plan.
i routes under thelaw will ibe
d
said weekly newspaper for the period of ,`71(. (I ' hearing.
an opportunity to be heard at said
consecutive insertions; and that the first publication of said This noticegiven and published by order of
the Board County
notice was in the issue of said newspaper-dated -Country,Coloraddo eanmiuim,ers, Weld
)(Zen / Y DATED:December 21,1961.
A.D., 19%�, TEE-BOARDOFcOUNn
and that the last publication of said notice was in the issue meassoNEBg
of said publication dated `./'i it . /4! A.D.,19`/,}-- WEED
BY.MAn ANN MBUBBBffIN
In witness whereof I have hereunto set my hand this Pelnco pBD
UID
51/1 day of '7-t h, A.D., 19`312- eft Nelda MANDOERIC TO i ,Deputy
�Ja+ery u, MIN the Math
Edtt6K f
C CCU . X2i7J/
Subscribed and sworn to before me, a notary public in
and for the County of Weld, State of Colorado, this
5/ day of_ ATtiB€c 1ie 1 A.D., 19'-.
-K',7!JCi..-,- —
Notary Public
My Commission expires Oct. 199 1982
O
No.414
PRO TON
WATEN > THE AFFIDAVIT OF PLBLICATIDN
8 ATION
e CE1*`barebyglven of a THE JOHNSTOWN BREEZE
(. andy tra enBooa Board -STATE OF COLORADO )
I2na6P 1� -'^e hill!?ld
) SS
ceuenm the Wild COUNTY OF WELD )
&treed, p ente�rtofg0onsiderthe fit'
fo I, Clyde-Briggs, do solemnly swear thati
Ent ser2,�°a CC-the tita am publisher of The Johnstown Breeze;
tee metrt `ter sad&seal � . that the same is a weekly newspaper
'�i"ealtrtet printed, in whole or in part, and published
Seq., � , be amended. in the County of Weld, State of Colorado,
Copies of rake plan are on and has a general circulation therein; that
file at the
the oar of , , said newspaper has been published
1 ad the " nt , continuously and uninterruptedly in said
Fade, a may. cad' County of Weld for a period of more than
et""e licked
fifty-two consecutive weeks prior to the
FI
nwin�MWthhi- ` r the o first publication of the annexed legal notic-e
i will cow
s or advertisement; that said newspaper has
of thealetvfoe been admitted to the United States mails as
-second-class matter under the provisions of
iwaringwear rilethe Act of March -3, 1879, or any
tot ee b$beard at0 y°'ta -amendments thereof, -and that said
'rnpnonce newspaper is a weekly newspaper duly
b Order af- ad-WDWhaA
ogn' eSR weld 13'4 qualified for publishing legal notices and
comrade. Cbanar. advertisements within the meaning of the
DATED:nee yer, laws of the State of Colorado.
�oarrr �AROO That the annexed legal notice or advertise-
r ment was published in the regular and
LINTY
d entire issue of every number of said weekly
y newspaper for the period of .. consecu-
five insertions; and -that the first
am
min
publication of said notice was in the issue of
7q� said newspaper dated/S,/.?Y., A.D. 199(,
Dawty and that the last publication of said notice
pUg beret �,
lla.ems was in the issue of said newspaper dated
. on in trte /./.7....., A D. 194'
In witness whereof I have hereunto set
cot'°t-__°_-_ai°semeo`boos my hand this ....7 day of Ze4-.
Ate. 19'2 C4 /1,-"5....... .
Publisher
Subscribed and sworn to before me, a
Notary Public in and for the County of
Weld- ate of Colorado this 4-(.---.71... day of
'a'C.'X A.D. 19.„): .
/72..
Notary Public.
My commission expires 2- /i 'C'/-�
Aliak
THE TOWN OF
"Act ;, .' ^h 223 1st STHEET
. f"Lx1'�4fi' ,� %� ryC c ;t EATON, COLORADO80615
PHONE 4543338
,, an , ,EgioN
„. , „,,
October 1, 1-981
Board of County Commissioners
Weld County
Greeley, Colorado
Dear Commissioners,
I respectfully ask the Weld County _Board of Commissioners to accept
the recommendation of the Weld County -Planning Commission to change the
zoning of the area immediately -east of Eaton from industrial to -agriculture.
I have been a -resident of Eaton for three decades. -The water and
sewer problems in East Eaton existed when I moved here. Little -or nothing
has been done by any unit or level of government to solve those problems
during that time. Surely thirty years is long enough for some action to
have taken place.
As I understand the matter, there is now -a chance to begin solving
those {problems. Surely all of us should do whatever is possible to contri-
bute to that effort.
I hope your decision is one that will contribute to the well-being of
the residents of the area.
Very truly yours,
Id O CC—__S_. ___
H.P. Christensen
Mayor
HPC/cj
REGULAR MEE 1ING SECOND MONDAY OF EACH MONTH
ejtrogle,a4e1 14)-9,2
•
r ,/,
Z-351 t .�
A Chong of Z-one
I
from kilt
"A" r _,������' ������■■■■■.E.
-'-
----- - -.T.:: - -w,_1":1,--- --
i.
S.
/A/ O , _. X
j \!t
/ 49/5
\\• FOURTH _ STREET /
LEGAL DESCRIPTION G /5 / `
. t,
r SCALE' t"y00 .. c A. .1 _.
4
Lots 1-12, BlockLots °+/<>\ tip,
1-17, flock 3; LEGEND 4°q \
Lots 1-34, Block 4; Lots 1-34, Block 5;
and Lots 1-21, 13lock 6 of the East Side - Railroad "o�
Addition to the To;:n of Eaton, as recorded \� J�11
ott
on October 4, 1302 in Book f3 of Maps at
Page 20, Reception # 82434. {tt
APPLICANT'S APPROVAL: _I ,fRt P � pr- , being the Chairman of the Weld Count
Planni-ng Commission, co hereby request a _C-hange of Zone for the above described property
v4,1
The foregoing certification was acknowledged before me this the ,lDtS day of A, .
A.D. 1981 Witness my hand and seal .
My _commission expires: i ti
ts
SIC92.-C4IihNStildNotaryPubli
PLA,NNING'COtlMISSSON CERTIFICATION: This is to certify -that the Weld County Planning
Commission does:::hereby,re-commend to the Board of Comr:rissioners, Weld County, Colorado
for their confirmation, apprroval and -adoption of this Zone Chance as sho -and described
her-eon this day of , 1981.
Chairman, Planning 'Comnissivn
BOARD OF COUNTY tOMMISSIONE-RS' CERTIFICATION. -This i-s -to certify that the Board of
County Commissioners, Weld County, Colorado }Jo hereby confirm, approve and adopt this
Zone Change -as shown and described hereon -this day of 1981.
r
ATTEST:
County Clerk
Chairman, Board of Co. Commissioners
Deputy RECORDED:
DATE:
, y� /y' J
d
V
'' 1( _
__ x
Weld County Planning Commission
COZ-351:81 :5
East Side addition to Eaton
Donald B. and Cheryl L. Cadwallader Nellie V. Taylor
P.O. Box 276 P.O. Box 183
Eaton, Colorado 80615 Eaton, Colorado E0615
Richard A. and Carol R. Loitis Rudolph L. and -Judith L. Schlotthauer
417 Elm Street P.O. Box 563
Eaton, Colorado 80615 Eaton, Colorado 80615
Wayne Von Srotha Stanley L. and Leah M. Brown
1203 19th Street P.O. Box 95
Greeley, Colorado 80631 Eaton, Colorado 80615
Will F. and Anne L. Rothman Northern Colorado Investors
1717 Montview Blvd. P.O. Box 905
Greeley, Colorado 80631 Eaton, Colorado 80615
Jim Eichenberger, Inc. Elizabeth N. Rice
1914 13th Avenue 315 Elm
Greeley, Colorado 80631 Eaton, Colorado 8.0615
Northern -Colorado Investers Juanita Shelton
P.O. Box 905 P.O. Box 722
Eaton, Colorado 80615 Eaton, Colorado 80615
Harvey R. and Rachel M. Cox Harold D. McWilliams
P.O. Box 53 P.-0, Box 625
Eaton, Colorado 80615 Eaton, Colorado 80615
Dean A. and LaWanda L. King Richard F. Thomas
109 3rd Street 5081 South Florence Dirve
Eaton, Colorado 80615 Englewood, Colorado 80111
Paul A. and Estella Soria Great Western Sugar Company
107 3rd Street Eaton, Colorado 8061-5
Eaton, Colorado 80615
Barbara N. Gustafson
Mary Lou Carsten 35395 Weld County Road 37
303 Elm Eaton, Colorado 80615
Eaton, Colorado 80615
Richard E. and Maria D. Mikesell
P.O. Box 753
Eaton, Colorado 80615
George W. and Melanie L. Van Dorin
309 Elm
Eaton, Colorado 80615
Nellie V. Tay
>(
Weld County -Planning Commission
COZ= 51:81:5
East Side Addition to Eaton
Mrs. Felix Jaramillo Richard F. Thomas
P.O. -Box 4 5081 South Florence Drive
Platteville, Colorado 80651 Englewood, Colorado 80111
The -Archdiocese -of Denver John and Adela Salazar
C/o Bill McCook P.D. -Box 424
200 Josephine Street Platteville, Colorado 80615
Denver, Colorado -80206
Lucinda, Paul Sr. , & Paul 2r. , Hernandez
Heirs of Frank Zamora P.O. Box 689
c/o John and Adelia Salazar Eaton, Colorado B0615
P.O. Box 42-4
Plattevill-e, Colorado 80651 Pablo and Lucy Hernandez
P.O. Box 689
John and -Adelia Salazar Eaton, Colorado 80615
P.O. Box 242
Platteville, Colorado 80651 Eligia and Victor M. Marquez
P.O. Box 1082
Benjamin F. and Avelino Archibeque Eaton, Colorado 80613
P.O. Box 594
Eaton, Colorado 80615 Marcella T. Morado
15 East 1st Street
Max and Josephine Martinez Eaton, Colorado 80613
Route 1 Box £64
Cheyenne, Wyoming 82001 Lucy Rozales
P.O. Box 646
Gilbert or Josephine Martinez Eaton, Colorado 80613
Box 692
Eaton, Colorado 80615 Sarah Harper
c/o Edith Lewis
Rosella M. Rucobo, Heirs of 311 East 47th Place
c/o Pedro Rucobo Los Angeles, California 90011
1306 -8th Street
Greeley, Colorado 80631 Celia Gutierrez
110 9th Avenue
Lena M. Zuniga Greeley, Colorado 80631
aka Lena and Lena H. and
Lena Whit-edove -Henry S & R Investments
P.O. Box 684 2012 Van Burin Avenue
Eaton, Colorado 80615 Loveland, Colorado 80537
Ruben and Geneva Martinez Luciano and Mollie Lucero
Eaton, Colorado 80615 2107 Alpha
North Platte, Nebraska 69101
Jack B. Groves
Route 2 Box 32 Town of Eaton
Eaton, Colorado B0615 Eaton, Colorado 80615
X
c
Weld County Planning Commission
COZ-351:81:5
East Side Addition to Eaton
Rosie Roadrquez Celia Gutierrez
General Delivery 110 9th Avenue
Greeley, Colorado 80631
Edward Tich-enor
c/o Joe Ochoa
June Rosalez
413 9th Avenue
P.O. -Box 64_6
Greeley, Colorado 80631 Eaton, Colorado 80615
Church of God in Christ Mary De LaTorre
Pastor and Trustees 1518 7th Avenue
Eaton, Colorado 80_615 Eaton, Colorado -80615
Louis S. Archuleta and Joe Acala
Janet Sanchez (Improvements Only)
P.O. Box 502 General Delivery
Eaton, Colorado 80615 Eaton, Color-ado 80615
Joe and Mary -Redin Paul and Rebecca Gomez
General Delivery P.O. -Box 596
Eaton, Colorado 80615 Eaton, Colorado 80615
Paul Redin Jesse Valdez
General Delivery c/o Nora Corella
Eaton, Colorado 8061-5 2256 Amterwood Lane
Lupe, Pony and Rita Dutierrez San Jose, California 95132
P.O. Box 593 International Church of
Eaton, Colorado 80615 Foursquare -Gospel
Eat-on, Colorado 80615
Heirs of Ben De LaTorre
1518 7th Avenue Lucia Yanes and Leo Lopez
Greeley, Colorado 80631 707 18th Street
Canyon, Texas 79015
Sherron Leonard Lewis
c/o Arthur Roy John and Margaret Lueero
P.D. Box 326 g
2185 West -Byers
Greeley, Colorado 80631 Denver, Color-ado 80223
Lupe Gutierrez Eaton Community Center Foundation
P.O. Box 593 403 Wall
Eaton, Colorado 80615 Eaton, Colorado 80615
Adele Salazar Antonio Rosales
Box 781 Eaton, Colorado 80615
Eaton, Colorado 80631
Mary, Tony and Ben, Jr. , De LaTorre
1524 7th Avenue
Greeley, Colorado 80631
X
To the East Eaton Water and Sanitation District:
The Board of Directors of the NORTH WELD COUNTY WATER
DISTRICT hereby states its intentions in regard to the
EAST EATON WATER AND SANITATION DISTRICT .
WHEREAS, North Weld County Water District , hereinafter
"District" , has the facilities and capacity to deliver
water to those homeowners owning land within the area
dcsignateL as the East Eaton Water and Sanitation District ,
hereinafter "East Eaton" , and
WHEREAS , East Eaton desires to contract for the
delivery of the water required by the homeowners within
its district,
WHEREFORE, the Board of Directors of the District
hereby state its committment to provide water to East
Eaton subject to the following terms and conditions :
1 . East Eaton will pay the District $11 , 686 . 85 for
participation in the 4 " (four inch) water line now installed
to serve Agland.
2 . East Eaton will pay the District $1 , 930 . 00 for a
tap fee and investment in 1" (one inch) water tap . _
3 . East Eaton will reimburse the District $500 . 00
for engineering fees incurred in this matter.
4 . East Eaton will pay to the District $25 , 300 . 00
far 11 (eleven) acre feet of raw water.
5. All property serviced under this committment
shall be included in the North Weld County Water District
service area. Inclusion shall be by the normal petition
process . East Eaton hereby specifically agrees and covenants
to abide all rules and regulations of the District as
said rules and regulation-s are in effect at this time or
as they may be amended from time to time by the Board of
Directors of the District .
6 . East Eaton agrees and covenants to pay a monLhly
demand charge equivalent to that charge assessed against all
1" (one inch) users within the District. Presently, said
monthly demand charge is $68 . 00 and East Eaton agrees to
pay any increases in the demand charge as assessed to 1 "
(one inch) users within the District and as approved by
the Board of Directors of the District.
y'
7 . East Eaton will pay a commodity charge of $ . 50 per
1 , 000 gallons which will be registered through a common
meter to be read and billed by the District monthly. East
Eaton agrees and covenants to pay any increases in the
commodity charge as said increase may apply to all other
users in the District and as approved by the Board of
Directors of the District .
8 . The foregoing committment is subject to the
incorporation of East Eaton as the East Eaton Water and
Sanitation District pursua nt to and in accordance with
Title 32 , Article 4 , part 1 , Colorado Revised Statutes
of 1973.
NORTH WELD COUNTY WATER DISTRICT
President
ATTEST:
Manager
BEFORE TI JELD COUNTY, COLORADO PLANNING "MISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date September 9, 1981 Case No. Z# COZ-351 :81:25
APPLICATION OF Weld County Planning Commission
ADDRESS 915 10th Street Greeley, Colorado 80631
Moved by Jerry Kiefer 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-E ( Industrial
District) to
A ( Agricultural District) covering the following described
Lots property1 tgh 21elBlock 6, Lots l 1 throu to-wit:
, Block 3, Lots 1 through 34, Block 4,
Lots 1 through 34, Block 5, Lots 1 through 12, Block 2 of the Fast Side Addition in
that part of the SWa, Section 31 T7N,R65W of the 6th P.M. , Weld County, Colorado
be recommend (favorably) 0a)C0)5X-XiDOXI to the Board of County Commissioners
for the following reasons: The change is warranted because as the use of the property
now exists, it is faulty zoning; further that the uses allowed in the present zoning
are not -compatible with the uses that do exist and therefore unnecessarily restricting
the owners of the property. Adequate water and sewer service can be ma-de available if
the zoning is changed. It is the opinion of the Planning. Commission that the request
complies with Section 21.5.1 et seq. of the Weld County Zoning Ordinance. The original
zoning to Industrial was made on an area wide basis. This method did not provide for
public notice to individual landowners nor did it appear to consider existing land uses
whi-ch in this case were resi-dential . The Planning Commission further feels that the
rezoning to Agricultural does not make the existing residential use any less imcompatible
with other agricultural or industrial uses im the neighborhood. While the Agricultural
District does provide the single family dwellings as a use by right (and therefore
allow homes to be constructed) , only a few potential new building sites exist within
the requested area. One of Eaton's concerns -deals with their comprehensive plan
(and as well , therefore, future compatibility) . The agricultural zoning may permit
residential use while industrial districts do not; the Planning Commission feels ;
however, that agricultural _zoning of an existing residential area is not an impedement
Motion seconded by: Wilbur Wafel
Vote: For Passage Billings Against Passage
Wafel
Kiefer
Halleran
Holman
Otis
The Chairman declared the Resolution passed and ordered thatacertified copy be for-
warded with the file of this case to the Board of County Commissioners for further
proceedings.
CERTIFICATION OF COPY
Deanna 31. Oakley , 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 Co i ssion of Weld County, Colorado, adopted
on September 1, 1981 and recurded in Book No. VII of the proceedings of
the said Planning Commission.
Dated the — 9 day of September , 19 81 .
WEIA C!h!NTY COMMISSIOKERS
ry-
trP 1231 Secretary�-_
aREE,L t. coin.
September 9, 1981
C0Z-351:81 :25
Weld County Planning Commission
Page Two
Recommendation continued:
to continued industrial development in the area or the ability to rezone this
area for industrial use in the future if the residential use ceases .
Water and sewer service to the subject area can be made available to the site
to serve permitted uses. Street and highway facilities provide adequate access
for the proposed zone district.
=-_ Cz,unty Planninz Ccrurissirr
.._c_ AGE_: ion to the Town of Eaton
COMMENTS .
_. The town of Eaton has submitted a letter of recommendation suggesting it
is not in favor of the zone change recuest. The letter is enclosed with
the file packet.
'_. T o letters have beer, received and several signatures with a petition are
also in the file packet.
TEL:rj g
8/31 ;81
sl
Date : Se amber 1 1981
CASE NUMBER:
(�St •8� .�5
NAME : Weld C un
REQUEST: Chan o „
0 .
ural)
LEGAL DESCRIPTION: flocks
? 3 4 5 Side Addition to the Town of Eaton
LOCATION: Adjacent t
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS
REQUEST BE approved
FOR THE FOLLOWING REASONS :
It is the o inion of the
corn lies with Section 2
•
on inal zonin to Industrial was made on an area wide basis. Thi
eth I,
did not rovide for ublic notice to indiv 'du 1 1 do e
to consider existin land uses which in thi c se were residential
•
of Plannin Service's staff further feel t t the ez n ' t
does not make the existin residential use an le in o
a ricultural or industrial uses in the nei hborhood. While the A
District does rovide the sin le famil dwellin a u e
therefore allow homes to be constructed
onl a few otent ' 1
sites exist within the re vested area. One
E to '
•
comprehensive lan (and as well therefore future corn atibilit
zoning 1
ma ermit residential use while industrial district d
•
feels;however that a ricultural zonin of an existin resident '
not an im edement to continued industrial develo ment in the area r
to rezone this area for industrial use in the future if the re id
Water and sewer service to the subject area can be made availabl
site to serve ermitted uses. Street and hi hwa facilities provide ada
access for the ro osed zone district.
TEH:rjg
8.31.81
n,-, , _nn—07^
Weld County Planning Commission
COZ-351 :81:25
East Side Addition to the Town of Eaton
COMMENTS:
1. The town of Eaton has submitted a letter of recommendation suggesting it
is not in favor of the zone change request. The letter is enclosed with
the file packet.
2. Two letters have been received and several signatures with a petition are
also in the file packet.
TEH:rjg
8/31/81
Li
THE TOWN OF -----7-)5-262/4-•-e....,
. / �2 4. z , STREET
r.i / I' J. EAT o. CO coRADo 805,5
lL� AUG )981 PHONE 454-;535
EATON m RICER/ED '"
Cent
e"....,
Planing tomtit* -4
i r � V
�LietIt04.° August 25 , 1981
To : Weld County Planning Commission
From : Eaton Planning Commission
Re : Zone change request for "East Eaton " from "1-3 " to "A"
Commissioners :
The Eaton Planning Commission has reviewed the proposal
for the zone change for the "East Eaton" area .
Our findings are as follows :
1 ) Any change in zone that would allow any type of
residential growth in this area runs completely opposite
of our comprehensive plan and goals . Our intent is to keep
everything east of Highway 85 as industrial use with the
highway serving as a buffer between the commercial and
residential areas .
2 ) We do not believe this area was originally zoned
industrial by mistake. The Great Western Railway runs
through the area with the Union Pacific Railway directly to
the west . Harsh Hydraulics and Agland , Inc . bander the area
on the west and south and the Great Western Factory lies
directly to the south and east . We feel that the original
industrial zone was the only practical way to Lone the area
and should remain as such .
3 ) While we are aware that the whole issue of changing
the zone was prompted by the Farmers Home Administration ,
request in order to consider a loan , we feel that the rea- i
sons given by the Farmers Home Administration do not justify
the potential problems associated with changing the zone .
I
1
REGULAR MEETING SECOND MONDAY OP EACH MO TH
/
PAGE 2
It should be stressed that we do not oppose the efforts of the
people of "East Eaton " to obtain water and sewer service , but
we do oppose the change in zoning of that area .
Thank you for allowing us to comment .
Sincerely ,
,A07-1-K43 --e-"—jz-ca„
Leonard Sanders
Eaton Planning Commission
Chairman
LS/cj
C .C. - Farmers Home Administration
REFERRAL LIST
APPLICANT: Weld County Planning Commission CASE NUMBER: COZ-351:81:5
SENT REFERRALS OUT: August 5, 1981 REFERRALS TO BE RECEIVED BY August 26, 1981
Z z
z 0
Z
d [Wig D H W
H C] Z H
U U z 0 0 c.) z 0
W W W V W H W
•) H Z W V1
O U O W0 0 0 c4
W U W
2 h a Z0 0 ct a O
Z
XX County Attorney (plat only) Bob Halleran
Planning Commission Member
Weld County Health Department 2 Daisy Court
Windsor, Colorado 80550 1
Engineering Department 1
XX
-- County Extension Agent
Colorado Geological Survey
1313 Sherman Street
Room 703
Denver, Colorado 80203
Colorado Water Conservation
Board
Centennial Building
1313 Sherman Street
Denver, Colorado 80203
State Engineer
Division of Water Resources
Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
Town of Eaton
c/o Gary Carsten, Administrator
P.O. Box 946
Eaton, Colorado 80615
C =- �- - - _.:_ �o: ase . COZ-351:81:5
_ �'...�. Sc-vi—es AJ _ t
ate
- - - - - -_
-� e =,eC 'c . June 26 1981
C: - - �_� 0CC�l _Tee : n/a ..c,u pt n/a
::�.._ . C .. l Reccrd. Fee : n/a =&Ce_pt ? . n/a
. : , (
SE C• �'--- ._D SY APPLICANT. Please print type , =or except _or necessary
Signature.
I ) -'e _ ''== =i n d, r.e ._ v eer_n_s afore the T:eid
_ ..._..:•:_.�` �. -.._scion and the .:elc � •_ _ ,.. � _ "De fore '. County
r C•_ :�oa'id of C`'1•.:: Ly Co-,—: sSio' r
....c C:rni J the rc-)os ed rezoning c' llo 'n 1 .iC S
ca O. i:c Q"COuntV, Colorado : �I - f • � o t �Cj .c descried' uninco po�-a ted
a EC; DESCRIPTIO_`�:
Lots 1 through 21, Block 6
Lots 1 through 17, Block 3 r
Lots 1 through 34, Block 4, ; " • - , , -- '
Lots 1 through 34, Block 5
Lots 1 through 12, Block 2 of the East Side Addition in that part of the SWZ, Section 31
T7N, R65W of the 6th P.M. , Weld County, Colorado
(If additional space is required, attach an additional sheet)
Property Address (if available) : n/a
PRESENT ZONE I (I-3) PROPOSED ZONE
OVERLAY ZONES None A TOTAL ACREAGE n/a
•
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name : See attached Home Telephone # :
Acdrass : Bus . Telephone v :
Name : Home Telephone # •
Address : Bus . Telephone #:
•
ame ' Home Telephone # :
Address : - Bus . Telephone :
Applicant or Authorized Agent (if different than above) :
Name : Fred Otis, Chairman, Planning Commission Home Telephone it :
Address : 915 10th street Bus . Telephone # : —
Greeley, Colorado 80631
G-cner(s) and/or lessees of mineral rights on or under the subject
properties of record in the Weld County Assessor ' s Office :
Name : See attached
Address : -
Address :
Name :
Address :
I hereby depose and state under the penalities of perjury that all state---•ants ,• ;:.ropcsals and/or plans submitted ;•.ith or contained within :his
_7,p1 ica=:Cn. are true and correct to the best of my knowledge.
_.o v .T.Y OF WELD _)
i E OF CO—_ ?b0:AD •
•
Sig, Omer or Authorized Agent
•
s rn to before me this y
,71 day of
Q �La1,� %1
'` .T
j\e>
NO ?UhLi -
.•:p i.•o S : MY Commission expires Feb- 13, 198 _
5_
•
? . c . :_ - _ ..zZ� � e .
9- / - 8t
_
�- rJ ►� N� .
COA A SStc SPA /r Si .
of 7r cE2 : Staff 1=e�er to Coz_tac L :
3, 5 acAres
Descr n pt i on :
SL i 1,1-1K;-.Z(_ CUJ
1,ocati OD : )- c) 3 (9uL) e(2A-\
Existimg Zonhig :
Request : II
Possible Issues Summarizer from .Applications.;a'teri2ls:
Pursuant to a -petition by several residents in "East Eaton", the Weld
County Planning Commission by resolution agreed to proceed with a
rezoning petition from "I-3" (Industrial) District to "A" (Agricultural)
District.
The application will be forwarded to the town of Eaton for comment
regarding the town's comprehensive plan and goals for the area affected.
The County must also consider whether or not the area was either zoned
under faulty circumstances or whether there has been changing conditions
to warrent a change.
The requested zone district is to te compatible with surrounding uses;
and be served by adequate water and sewage facilities to service uses
allowed in the proposed nistrict.
The resident's petition suggests that there was a mistake when the
property was zoned to the Industrial District. Further,they have
indicated that the rezoning will enable them to obtain funding for
a proposed wastewater and potable water system to -assist in rehabilitat-
ing -the community (the referenced-petition is enclosed herewith) .
TE-H:rjg
8/5/81
,;T EATON REZONING PETITION,,:;:
The following signators represent the majority of property
owners in East Eaton , Colorado . We petition the Weld County
I' Idnning Commission to rezone our neighborhood from the present
Industrial classification to the previous Agricultural zoning
rldzsification . This change would rectify d mistaken change of
2., iny that was placed in 1965 , that did not take into account
thy' lung term residential character of the area . East Eaton 'has
Loon residential for more than 60 years and will remain so in-
detintely . This requested rezoning will provide an opportunity
lur Lhe residents to secure funding for a proposed water and
wastewater syst-em and facilitate the rehabilitation of our comm-
unity.
We request the Commission to initiate rezoning for the
following described property from Industrial to Agricultural :
All that part of the S1 of Section 31 , Township 7 North ,
Kon ,fc 65 West of the 6th P . M . , Weld County , Colorado and being
more particularly described as follows :
Lots 1 through 12 , Block 2 ; Lots 1 through 17 , Block 3 ;
1 through 34 , Block 4 ; Lots 1 through 34 , Block 5 .
NAME ADDRESS PHONE N LOTS
Q
i
I I .1--1� /IC \ I
f'ty-Ss-{ h-r--sir asio
i tl •
�C
Q �. h —p li5 _ —, L-75
U '-ji-2 cc= /tC��i/q 1;/ i '/�' /. / ; rJ ✓ a� i/ - i L/ C G'
)---
14 . _
EAST EATON REZONING PETITION
NAME ADDRESS �/`� q� PHONE # LOTS
17 . �> ,1517--3-4.Z '7� Qor'Y (9 C'4
1 s . ale, l2 arsy_,:gerer g"di, erg
1_9 .
20.
21 .
22 .
23 .
24 .
25 .
26 .
27 .
28 .
29 .
30 .
ST EATON REZONING PETITION
The following signalors represent the majority of property
owners in East Eaton , Colorado . We petition the Weld County •
Planning Commission to rezone our neighborhood from the present
Industrial classification to the previous Agricultural zoning
classification . This change would rectify a mistaken change of
zoping that was placed in 1965 , that did not take into account
the long term residential character of the area . East Eaton has
been residential for more than 60 years and will remain so in-
defintely . This requested rezoning will provide an opportunity
for the residents to secure funding for a proposed water and
wastewater system and facilitate the rehabilitation of our comm-
unity .
We request the Commission to initiate rezoning for the
following described property from Industrial to Agricultural :
All that part of the S'2 of Section 31 , Township 7 North ,
Range 65 West of the 6th P . M . , Weld County , Colorado and being
more particularly described as follows :
Lots 1 through 12 , Block 2 ; Lots 1 through 17 , Block 3 ;
Lots 1 through 34 , Block 4 ; Lots 1 through 34 , Block 5 .
NAME ADDRESS PHONE PHONE q LOTS•
1 . J 1 Jtrza. t1i-cU✓'i%:" _
4 . ��c-/ Z J ,UL J .a i -7,/- n, �c L.
r� : � -2 `7 iti�Gct�.y-c �/cL�s.-E. , Lc. j' c lc
is . , � V9 , ,ca
9 . _ r ---,ce e I
0 .
li .
I [ .
I .i .
2 1�, '-;;La
11- C j,/y-
/ C.-.L,c.L_Z.-F.i.z {�� ��./2 -/ _
•
yam/
r
7� cce
..............................................................
.
......................................:.....................
I J v •7 (� /c7
p /
.Lv,-a�enlhx�:�uizc-dam
r
r � E
i)21ems.• 32 7 Zen,'�r .._._ .._... ... .........
a--� __ _
............................... ...•
/
Soc /s - - ............. . __ _ .
.
^o.
(!i707=1.7---; �1 ^
��.41a Lanaca,7l:03 �, i. . .
area ad jae ee,: LJ that is tor`,ucd Li =,,; 1:a•�- 1•{, _ .. '
il0
Id/6;1 a un ') , '
,e 1.o LC Jr 1
eta the ' `.�.
a;_,r iC�7-L Y,uu:vp 1itJi0.L,y 1.S0t12x g� c o „3 _ is
cc:ipYohene lye 1)jai1 o. the tc;m o 1 ,
place ca3G of iil(;a;,ay 85 and AO Gig
110 azic that the Weld C n y i
r0spec the plane and goals� of the c�U��c _� c._' � : ,
Nave -2
b�. 1-71; , . . .[/
tYo
`�u'`` mss y_
s, , Y3.7
c_t `�
G tis4.2S
z
ay1/74 eehl ICY r-n
.._
13,
10.
-
18.
20.
-r�
CITIZENS AGAINST "EAST EATON" REZONING
The following signatures represent the majority of property owners in the
area adjacent to what is termed "East Eaton".
We agree with the Eaton Planning Commission in petitioning the Weld County
Planning Commission NOT to rezone the "East Eaton" area from industrial to
agriculture, thereby allowing residential growth.
While we do NOT oppose the efforts to obtain water and sewer service to
the area we CANNOT support any further residential growth in this area. The
comprehensive plan of the town of Eaton calls for industrial growth to take
place east of Highway 85 and we support that plan.
We ask that the Weld County Planning Commission and County Commissioners
respect the plans and goals of the citizens of the town of Eaton.
Name /�/ Address Phone
1.
2 rY (. 4261enti 3-)! A(/mJ 7 ' _-?6/6
3. �n� m
4 o , . ° /0 1,a ,lC 1)('-7 (L -v, u 5� �y�7
' � 6 n o� i
/yl,FupLc ys'u- 2 'Z
1 /
7,4 9nCe, / 33321 46-'/ 7
8. .. . c ,v 0.c441�a$,_d 3C 1-10:--,,,,:i VS � -a? C/3
9• t cS-A U S cLlA}kk 4.“.....----,
3 re? €i ..-.— c/5—v— del 9
I
10. UE. SLkla k-1'3,„c -- .gt t Eel f`y y � 9)- 9 I
ll. m Soh 1O A- c--- �3 CX . 4 E ci
p
12. ` e,a �. etc%g 2e)4 �1,-- 2f y- 77✓—YZ
l!
13 7 ! N , it ''��' �� y, '
u � �
14. • beG*-a --g' X r/ / (� �v--- __,,,t1-. f ,3---4/ - - /o--7
15.C1,/.1.epa, /3 c 7
7
16.c wP " / ) c 4'-4 / a2 O Lhx 9-1/4c2' - 3-3O0
17.4 ./414. (1 _x (k)e.2L z."4,5-- 4./._,, a-I- 9/ 91- X2O(±,,`f
18. it,a 7I) A 7,,,,,kta_ IZ Da!/L, t/ l-/ - 2477
19. (:(1)--T4(1.7.,(3a%, ///l fit/ It< 41u - 29Gz
Address Phone
21. C 445 � ,.� /. 454 -.2C
22. 512_ s 41s-..1- ass)/
23,r :
24. f
3 q IA) C2 3s 145U -��fy/
25. � 5 ,
26. � 1 ��, J I
27.
2s. ��� ' .2/l JA--2/,-a 8'7
29. 4 ;W `6_
c.a. .4/76, � :max 445 /_;
30.
,/„2c) �?z /1:s`,f 3 9.3/
32
u 6;70S ,1,- ���y - 2/y/
33.
34.
/ C 4,4i 11, 1/55/
351.
36.
37.
38.39.
40.
41.
42,
43.
44.
45.
46.
47.
48.
49.
50.
ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS:
DOC 81-42, George Reynolds, Use by special review, aerial spraying/strip,
DOC 81-43, Greeley Subaru, COZ, A to C-3 hanger & office
iy
81-44 WELD COUNTY PLANNING COMMISSION
LA 81-47 TURNPIKE CONSTRUCTION COMPANY
PLEASE write or print legibly your name, address and the DOC # (as listed
above) or the applicants name of the hearing you are attending.
J
NAME 1i j ` ADDRESS le) J - l ?tERRING ATTENDING
bA LC kli\jS 2z.8 dki\ L-Art Owl r d S1 E c
L - 3'4/6 c6 1 ,,? i1 . �) \\
�_ 3/3 .4',/ // /..‘ ..4.... ,-, Z.;/ �/ � pc./ / //
e.,,a,;,_
(sw�' 300 t sT l st `cV) i)lltt.We -1-021V\Qv- (o-KT:
em.6,7ge5
(26/:;(e5.- 0 327 7----4-ce__-
4-17- -,i-reni , r()!3ct 60- ' S-V - 944
L Q. ��0 -PO ( s—cr 3
J r
_ ), P't (0,,x,..- 7',,,,ZL "7, p & /3d '0 5`�f
��p�
�� n .4:::U
C C /e/0 '
I,1 ,C.,7,4-1-1-c Lyc- 5---, 6 e 7
Y1:1,t. /17 1.,_-:4-.-,j--- A-Z- / 'Se. __‘__,(;_ CZ-t 2 9_ /1--L4-, IL--)--t - Zs:- e: (
� �
•
, % � %-- PO , /3 y s-3--c7 ,'0;7:-‘2.,,, ( 'S O (
/ 3 2. F'14 . -7,,-1, 21 / , -(,, 6 /-.
4
Augi• -t 27, 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 7th of October
IOC 81-42, George Reynolds, Use By Special Review, aerial spraying/strip
hanger & office
DOC 81-43, Greel-ey Subaru, COZ, A to C-3
DOC 81-44, WC Ping Commission, COZ, Z-3 to A (East Eaton)
•
OFFICE OF THE CLERK TO THE -BOARD The Br 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
_ /7f7i tt
Hello