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AR1909s20
RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL DISTRICT) TO C-3
COMMERCIAL 3 DISTRICT) FOR THEODORE, ROBERT AND JANICE
RADEMACHER
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
LJ
affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 17th day of Novem-
ber, 1982, at 2 : 00 o'clock p.m. for the purpose of hearing the
U
— application of Theodore, Robert and Janice Rademacher, 13774
cc
1-25, Access Road, Longmont, Colorado 80501, requesting a Change
v of Zone from A (Agricultural District) to C-3 (Commercial 3
r -r _District) for the following described parcel of land, to-wit:
That portion Of the Northwest one-quarter
of Section 23, T3N, R68W of the 6th P.M. ,
Weld County, Colorado being more particu-
larly described as follows:
Beginning at the West quarter corner of
ozi said Section 23; thence along the West line
w of the Northwest one-quarter of said Section
z 23, North 00°16 ' 52" West 933. 38 feet; thence
CN _
North 89°46 ' 20" East 466. 69 feet; thence
} South 00°16 ' 52 East 933.38 feet to a point
on the East-West centerline to said Section
_` z 23; thence South 89°46 ' 20" West 466. 69 feet
to the True Point of Beginning, containing
10. 000 acres more or less.
WHEREAS, Section 21. 6. 2 of the Weld County Zoning Ordinance
LL
provides standards for review of such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the re-
quest of the applicants and the recommendations of the Weld County
Planning Commission, and having been fully informed finds as
follows:
1) The uses which would be allowed on the subject property
by granting the Change of Zone will be compatible with
the surrounding land uses.
2) Because of changing conditions in the use of the area
and the locality, and because of the size of the rec-
reational vehicles it is a good location for this type
of business.
�O311
82OO57
Page 2
RE: COZ - RADEMACHER
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application of
_Theodore, Robert and Janice Rademacher for a Change of Zone from
A (Agricultural District) to C-3 (Commercial 3 District) on the
above referenced parcel of land be, and hereby is, granted con-
ditional upon the following:
1. The site specific map of the final plat be corrected
no
to show the proper surrounding roads.
2. The final plat shall be corrected to show a ten (10)
-acre area as the Change of Zone.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
November, A.D. , 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
2n _,/s.„.„ _7,
J T. Martin, Chairman
LLI
Chuck Carlson, Pro-Tem
EXCUSED
r
Norman Carlson
-Kirby
ATTEST: iu w U.,1n.,._(Q.:.vn Affm' __e/f G...
r, e K. Ste 'nmark
Weld„County Clerk and Recorder
and .Clerk -to the Board
t. BY:
Deputy _County Clerk
(
APPROVED AS7TO FORM: 2
,County Attorney
DATE PRESENTED: November 22 , 1982
•
NOTICE
_Pursuant to the zoning laws of the State of Colorado and the
Weld County Zoning Ordinance, a public heating 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 .
DE IT ALSO KNOWN that the text and maps so certified by the
County 2lanning 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. 82-_64
RESCHEDULED Theodore, Robert and Janice -Rademacher
13774 1-25 Access Road
Longmont, Colorado 80501
DATE : November 17, 1982
TIME : 2 : 00 P.M.
REQUEST : Change of Zone , from A (Agricultural District) to
C-3 (Commercial 3 District)
LEGAL DESCRIPTION:
That portion of the Northwest one-quarter of Section 23, 7F3N,
R68W of the 6th P.M. , Weld County, Colorado being more parti-
cularly described as follows:
Beginning -at the West quarter corner of Baia Section 23 ; thence
along the West line of the Northwest one-quarter of said
Section 23 , North 00°16 '32" West 933. 38 feet; thence North
894_6 ' 20" East 4_66 . 69 feet; thence South 00°16 ' 52" East 933. 38
feet to a point on the East-West centerline fo said Section 23 ;
thence South 89°46 ' 20" West 46_6 . 69 feet to the true point of
beginning, containing 10. 000 acres more or less .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
• - BY: MARY -ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE -BOARD
BY: Bette M. -Foose, Deputy
DATED : October 11, 1982
PUBLISHED: October 14, 1982 and November 4, 1982 in the LaSalle
Leader
NOJCI•
Pursuant to the zoning laws of the State of Colorado and the
Weld county Zoning -Ordinance, a -public hearing will be held
in the Chambers of the Board of County Comnissioners of Weld
County , Colorado , Weld County Centennial Center , 915 10th
Street , Greeley , Colorado , at the time specified . All persons
in any manner interested in the following proposed Change of
Zone are requested to attend and may be 11Pard .
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
Fl-oor , _Greeley, Colorado .
APPLICANT
DOCKET NO. 82-54
Theodore, Robert and Janice Rademacher
13774 I-25 Access Road
Longmont, Colorado 80501
DATE : November 19, 1982
TIME : 2 : 00 P.M.
REQUEST : Change of Zone , from A (Agricultural District) to
C-3 (Commercial 3 District)
LEGAL DESCRIPTION:
That Portion of the Northwest one-quarter of _Section 23 , T3N,
R6_8W of the 5th P.M. , Weld County, Colorado being more parti-
cularly described as follows :
Beginning at the West quarter corner of said Section 23; thence
along the West line of the Northwest one-quarter of said
Section 23, North 00°16 ' 52" West 933 . 38 feet; thence North
89°46 ' 20" East 466 . 69 feet; thence South 00°1-6 '52" East 933. 38
feet to a point on the East-West centerline of said Section 23;
thence South 89°46 ' 20" West 466. 69 feet to the true point of
Beginning, containing 10. 000 acres more or less.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
• BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Bette M. Foose, Deputy
DATED: October 4 , 1982
PUBLISHED: October 7, 1982 and October 28 , 1982 in the LaSalle
Leader
A public hearing was -conducted on November 17 , 1982 at
2 : 00 P.M. , with the following present:
JOHN MARTIN CHAIRMAN
CHUCK CARLSON PRO _TEM
NORMAN CARLSON COMMISSIONER , Excused
BILL KIRBY COMMISSIONER
JUNE €TEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOA-RD, Jeannette Sears
ASSISTANT COUNTY ATTORNEY, Lee Morrison
PLANNING DEPARTMENT REP-RESENTATIVE, -Rod Allison
The following business was transacted:
I hereby -certify that pursuant to a notice dated October 11, 1952,
published October 14th and November 4, 1982, in the LaSalle Leader, a public
hearing was held -on the request of Theodore, Robert and Janice Rademacher
for a Change of Zone, from A (Agricultural District) to C-3 (Commercial 3
District. The Planning staff recommended that this request be approved with
development standards. Tom Hellerich, legal counsel for the applicant, reviewed
request and answered questions. He did state that the applicant does agree
with the development standards. Ken Williamson, a representative from K. & L.
Motors the prospective -purchaser of said property, stated that they -plan to
use this property to sell, store, and service recreational vehicles. Their
facility :is currently located in the city limits of the Longmont, Colorado.
Mr. Williamson believes that this location will have several advantages.
Nick Sekich, owner of the John Deere dealership in this area, stated that he
supports this request. Theodore Rademacher, farmer of this property, stated
that it is good farm land but he can do without these ten acres. He stated
that each year -more and more land :is becoming developed agricultural land.
After discussion, Commissioner L. Carlson made a motion to approve this change
of zone with the development standards. Commissioner Kirby seconded the motion
and it carried unanimously. Commissioner L. Carlson said that he is -trying
to uphold the comprehensive plan but this area is a commercial business area.
Commissioner Kirby agreed that this location should be good for this type
business. Commissioner Steinmark stated that other commerical uses have been
approved for this area how could the Board say no now.
h
IRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST: '
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY:beputy
eputy County Clerk
C_
DOCKET# 82-64
TAPE# 82-92
LHR 2148
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
1, Paula A. Barton of
said County of Weld, being duly sworn, say that I am
an advertising clerk of
THE GREELEY DAILY TRIBUNE,and
THE GREELEY-REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is-a true copy, has
"rG ""' been published in said daily newspaper for consecutive
(days) ( ; that the notice was published in the
caurn9= r .. regular and entire issue of every number of said
mlanufera Of l }catmint 113'
Genoa, WWf,owns. C•n al newspaper during the period and time of publication of
talent et the Street,%p D v,., said notice, and in the newspaper ro er and not in a
tenter,a,et tna rime ep, Ail ,
paltana In}av manner iota = _proper
the fella m.it supplement thereof; that the first publication of said
Zone-are r
mar ge hears., "�,g x'. notice was contained in the issue of said newspaper
BE IT 4444 KN6WN"i4 14>
text and maps se.-certified RT;Me bearing date
County ote,mthg.Colemisefon=ANy
be exam Red Itr the,Office-Meths
Clerk RAW Ronaa-otthe rT
tNp1•ntre.aKptMIgNIar a Seventh
L'ehrennNi Crttr, 97S n
Street Third Ploor;oreele*` I_„. day of October A.D. 19 82 '
DOCKET NO.:82-64 -::- I and the last publication thereof; in the issue of said
APPticgNT: rnebaaee; Robert_ : newspaper bearing date the
13774 1-28 Access Road~ ".1
Longmont.Colorado 80501 e� s
OAjg:NoK♦tjnaer 10,198]
T IM1:004 M. „} S everrth
REQUEST: hanga of Toner,fi1G A:.i
agrrteuwat Distrito fa: 3 t day of October A.D. 19 82
(Commercial 3OlsMictl-
LE $31ESCEIP mO ti t'! that said The Greeley Daily Tribune and The Greeley
N er secti e 212,i ,$ Republican, has been published continuously -and
Rant of TRW
Canons Willi J more pertiw8rky_.; uninterruptedly during the period of at least six
JleNcr,onasmuaws: + t 444F
rr er 80(1411019 Ri at d the ion 23; months next prior to the first issue thereof contained
coalenuthe Weftllne of the Np t said notice or advertisement above referred to; that said
onYWerrer-lei nib 'Secrio8
Norm gwlas3^ west 93338 -,>, newspaper has been admitted to the United States
=VI'
g9•ae'30'^Ebtt
Jee hc• rut: ii sv ig•t mails as second-class matter under the provisions of the
933.38 feel R a point oqe�°
Eaahweat centerline Gf Saki - n r Act of March 3, 1879, or any amendments thereof; and
Ote Merin South 89046,201,1 t
466.69r feet to the tree pant of that said newspaper is a daily newspaper duly qualified
BMinnaro;containing 10.000
mortar l4ky, for publishing legal notices and advertisements within
E6AROSOF COU
COMOMSSION the meaning of the laws of the State of Colorado.
WELD COUNTY,COLOR
.BY:MAR,YANK PEUERB! `
WELOCOUNTYCT October 7, 1982
ARO RECORDER,,.,,.
CLERK TO THEIR) 44
.B, Y:.WRM.Eao$a,• v Total charge: $18.2-7' , u r
Advertising Clerk
Subscribed and sworn to before me this
7th day of _ Oct-nber A.D. X982
M corr�issi expiring COii171iS8i n Exnirss , to 14 teat:
"s"/ -, le� LC GC_
ary Public
mEmoRAnDum
To COUNTY COMMISSIONERS Date OCTOBER 11, 1982
COLORADO From CLERK TO THE BOARD OFFICE - Bette M. Foose, Deputy
subject: RE: NOVEMBER 10, 1982 .Hearing
The Rademacher hearing, originally scheduled for November 10th, has
been rescheduled for November 17 at 2:00 P.M. Normally, the applicant
pays for the legal newspaper publications.
What is your desire regarding these additional publication . fees?
Is the Board responsible or the applicant?
Please advise.
COMMENTS
JOHN T. MARTIN � ,-
-�
CHUCK CARLSON � .
NORMAN CARLSON /> ,+T-CY 1.-c" t
JUNE STEINMARK /
C. W. KIRBY
[,"CG'':7'� � ff / _.
Yr
f. /
L.onc r do
ATE:moot,Cber 17, 80501
TIME:N:00 P.M. IJ,1983
TIME:2:00 Change Change of Zone,from A Affidavit of Publication
(Agricultural. District) to C-3
(Commercial 3 District)
LEGAL DESCRIPTION:
That portion of the Northwest
One-quarter of Section 23, TaN,
R68W of the 6th P.M.,Weld County
Colorado being more particularly, STATE OF COLORADO
described as follows:
Beginning at the West quarter 4'
corner of said Section 23; thence County of Weld,
along the West line of the Northwest
one-quarter of said Sec933.38 n 33,
North 00.16.52"' West feet;
thence North 89a66'20" East 066.69
feet; thence South po ' East
933.38 feet to a point on the I, Paula A. Barton of
East-West centerline of said Section
23; thence South 89°46'20" West
true
666.69 feet to the true point of said County of Weld, being duly sworn, say that I am
Beginning, containing 10.000 acres
more or less. an advertising clerk of
BOARD S COMMISSIONERS ONERY
THE GREELEY DAILY TRIBUNE, and
WELD COUNTY,COLORADO
BY:MARYANNFEUERSTEIN THE GREELEY REPUBLICAN
WELD COUNTY CLERK
AND RECORDER AND
cLF,g,I[,IO THE BOARD that the same is a daily newspaper of general
.ref. BY:sesbI,s,F
Ct D
e
pu
t
y
PATED:O .te*It,laea circulation and printed and published in the City of
The Greeley Daily Tribune.
PC_Lfo z. ;;r,s,,;,-)i'A Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy, has
been published in said daily newspaper for consecutive
(days) (i ); that the notice was published in the
regular and entire issue of every number of said
newspaper during the period and time of publication of
said notice, and in the newspaper proper and not in a
supplement thereof; that the first publication of said
notice was contained in the issue of said newspaper
bearing date
Ninteenth
day of October A.D. 1982
and the last publication thereof; in the issue of said
newspaper bearing date the
Ninteenth
day of October AD. 1982
that said The Greeley Daily Tribune and The Greeley
Republican, has been published continuously and
uninterruptedly during the period of at least six
months next prior to the first issue thereof contained
said notice or advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
October 19, 1982
Total charge: $18.56
•
C.-et �1 ,_
Advertising Clerk
Subscribed and sworn to before me this
19th f October, A.D. 1982
ea
�tdt' V/ ,46
Notary Public
BEFORE -fH GELD _COUNTY, COLORADO PLANNING , MISSION /C
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date September 21. 1982 Case No. Z# 378:82:20
APPLICATION OF Theodore. Robert and Janice Rademacher
ADDRESS 13774 1-25 -Access Road, Longmont, Colorado 80501
Moved by Bill Diehl 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 "A" ( Agricultural District) to
"C-3" ( Commercial 3 District) covering the following described
property in Weld County, Colorado, to-wit:
Part of the NW2, Section 23, T3N, R68W of the 6th P.M. , Weld County,
Colorado
be recommend (favorably) (K and y;) to the Board of County Commissioners
for the following reasons:
Because of changing conditions in the use of the area and the locality, and
because of the size of the recreational vehicles it As a good location for
this type of business.
AMENDMENT:
The motion be amended to include the Development Standards as outlined by the
Department of Planning Services staff.
1. The site specific map of the final plat be corrected to show the proper
surrounding roads.
2. She -final plat shall be -corrected to show a ten (10) acre area as the
Change of Zone.
Motion seconded -by: Norman _Peterson
Vote: For Passage Norman _Peterson Against -Passage Bob Halleran
Bill Diehl Jerry Kiefer
Fred Otis
Bob Ehrlich
Ed Reichert
The Chairman declared the Resolution _passed and ordered t`tatacertified -copy be for-
warded with the file of this case to the Board of _County Commissioners for further
proceedings.
CERTIFICATION OF COPY
I, Bobbie Good , Recording Secretary of the Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, _Colorado, adopted
on ceptemher 21 1982 and recorded in Book No. VIII of the -proceedings of
the Saud Planning _Commission.
Dated the 22 day of -September , T9 82.
�Se1 c -
erl CotaTY C-SSSt Secretary \
jFpit ) + 'IR 8.1
EP29198`e
thi EtestxmJa.
804-80-050
REASONS -FOR VOTING:
Fred Otis - yes - The last time a rezoning issue was brought before the
Planning Commission for this area he was one of the minority who
thought this area should not be developed. That it should remain a
place for a highway and not a place for a commercial development. "That
commercial development should be held to the twenty-eight incorporated
communities in the County that the Comprehensive Plan -encompasses. -lie
lost, and as he said -at this meeting commercial development has taken
place and that there will be changed conditions and he would have to
vote for any future changes that are reasonable in this area. He feels
we now have a twenty-ninth area that is being developed even though it
is unincorporated and he did not feel it was proper to put such a develop-
ment in in the first place.
Bob Ehrlich - yes — He feels this is a good area for some of the businesses
that are going in. -This being a rather isolated area from any major city
it makes it moreconvenient far the people in the area to obtain repairs
and supplies. It -also gives the people in the area added job opportunities
and increases the tax base of the County.
Jerry Kiefer - no - He reiterated the Planning Commissions actions regarding
this area in the past five years. Because there was no agribusiness zoning
at one time, and the Planning Commission and the County Commissioners
felt this was a good place for agribusinesses, this area was -zoned
commercial, this in a sense opened the Pandora's Box, and the members of
the Planning -Commission have been on various sides of this issue. This
is the reason for the changing conditions. The question here is how far
does this expand, and at what point does expansion get out of hand? And
how much does it impact the County?
Date: 5_.tember 21, 1982
CASE NUMBER: Z-378:82:20
NAME: Theodore, Robert and Janice Rademacher
REQUEST: A Change of Zane from Agriculture to Commercial "3"
LEGAL DESCRIPTION: Tart or the NW4i Section 23, T3N, -R68W of the 6th_P.M.
LOCATION: 1. 5 miles southeast of Mead; south of Weld County Road 32
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
denied TOR THE FOLLOWING REASONS:
This request is not consistent with the required findings of Section 21.5.1 of
the Weld County Zoning Ordinance. Specifically, Section 21.5.1.1 states that
the applicant shall demonstrate that the proposal is consistent with the comprehensive
plan; if not, that the zoning of the subject property is faulty, or that changing
conditions in the area warrants a change of zone. The following policies found
on pages 61 and 62 of the Weld County Comprehensive Plan address this proposal.
The policies are as follows:
"Commercial development will not be encouraged in the unincorporated
areas of the County unless it can be shown by the developer that the
proposed commercial use cannot reasonably be located in an urban
area." The applicant states in the Change of Zone submittal materials
that the proposed subject site was selected because it could accomodate
a retail distributorship for recreation vehicles end motor homes.
Further, that this site was desirable for two reasons; the -close
proximity to the intersection of I-25 and Colorado Highway 66 and the
operation requires a large amount of space. These two reasons do not
demonstrate why the proposed commercial use cannot be located in an
urban area. The request is to change the zone on a ten (10) acre
parcel of ground. Initially, the vehicle dealership would operate on
five (5) acres of this proposed site. The recently approved site for
the auto park south of Highway 3!f By-Pass between 23rd Avenue and 35th
Avenue in Greeley is an example of an urban area that has the acreage
and desirability to accomodate this kind of proposal.
At the present time the intersection at I-25 and Colorado Highway 66
is under review by representatives of the State Highway Department.
The primary concerns are inadequate acceleration and deceleration
lanes available to serve the proposed development in the area. This
proposal will have a negative impact on this intersection. Tc date
the applicant has not furnished justification of the need for the
proposed commercial facility or demonstrated that the proposal will
not increase the traffic congestion at I-25 and Colorado -Highway 66.
The applicant has submitted information identifying that traffic will
increase up to twenty (20) cars a day in this area.
The applicant has relied primarily on changing conditions as support for the
rezoning request. The property involved in this change of zone is presently in
agricultural production. The subject site is land locked by agricultural -production
from all other directions. All of the surrounding areas are zoned agricultural.
The property owner south of the subject site has submitted a Planned Unit iDevelopment
Sketch Plan. This sketch plan includes acerage abuting the subject site.
However, this area next to the subject site is still zoned agricultural.
The commercial property that the applicant refers to in the submitted materials
was originally zoned commercial with unit development standards to restrict
commercial uses to agribusinesses. Following this action, the unit development
standards were vacated in order to accomodate other commercial uses such as a
crane company. At the time the application was approved, the applicants strongly
suggested that the crane company was a type of business that was not suited for
urban location and thus in conformance with the commercial development policies
of the County.
The applicant has failed to demonstrate how this proposal is consistent with the
commercial development -policies of the County. Specifically, the applicant has
failed -to demonstrate that this proposal cannot reasonably be loacted in an
urban location. The proposal is not consistent with the Comprehensive Plan.
RA:rg
on,. 01 n, c
CASE SUMMARY SHEET
Case Number: Z-378:8220
Size of Parcel: 10 acres, -more or less
Request : a -Change of Zone from agriculture to commercial 3
Staff Member to Contact: Rod Allison
Possible Issues Summarized from Application Materials:
at is the Manning staff's opinion that this change of zone request conflicts
with the policies of -commercial development, as written in the adopted
Weld County Comprehensive-Plan. I have enclosed pages 61 and 62 of the
Weld -County Comprehensive _Plan -so that you may review those policies and
compare them to this proposal.
A-mineral rights owner is objecting to this request. Please refer to the
letter dated August 31, 1982.
RA:rg
FIELD CHECK
FILING NUMBER: 2-378:82:20 DATE OF INSPECTION: September 10, 1982
NAME: -Rademacher, et al
REQUEST: a Change of Zone from "A" to "C-3"
LEGAL -DESCRIPTION: Part of the NW1 , Section 23, T3N, ZR68W of the 6th P.M.
LAND USE: N Corn Crops
E Corn Crops
S Agriculture Production
W I-23 Frontage Road
ZONING: N Agriculture
LOCATION: 1.5 miles south of Mead on the I-23 E Agriculture
Frontage road S_ Agriculture
W Agriculture
COMMENTS:
There are no improvements an the subject property. The property is presently a
beet field.
BY: ,47, Ld7<5r„-
Rod Allison, Current Planner
TA:rg
EZONING APPLICATION Ise IL :
Dept. of Planning Services App . Ch' d By : 4 Date Rec ' d : 7 - " C, `r.2
915 10th Street App . Fee : / <; c„) . °° Receipt IL : /17-y 3
Greeley, Colorado 80631 Record. Fee : —crttr Receipt IL : 7
Phone : 356-4000, Ext . 400
TO BE COMPLETED BY APPLICANT . Please print or type , except for -necessary
signature.
I (we) , the undersigned, hereby request hearings before the Weld County
Planning Commission and the Weld County Board of County Commissioners
concerning the proposed rezoning of the following described unincorporated
area of Weld County, Colorado : LEGAL DESCRIPTION : that portion of the Northwest
one-quarter of Section 23, T3N, R68W of the 6th P.M. , Weld County, Colorado, being more particu-
larly described as follows: Beginning at the West quarter corner of said Section 23; thence
along the West line of the Northwest one-quarter of said Section 23, N 00°16'52" West 933.38
feet; thence N 89°46'20" E 466.69 feet; thence S 00°16'52" E 933.38 feet to a point on the
East-West centerline of said Section 23; thence S 89°46'20" W 466.69 feet to the true point of
beginning, containing 10.000 acres more or less.
(If additional space is required, attach an additional sheet)
Property Address (if available) : not available at this rime
PRESENT 7ONE agricultural PROPOSED ZONEcomm. C-3 TOTAL ACREAGE '10
OVERLAY ZONES
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING :
Name: -Robert and Janice Rademacher Home Telephone II : 535-4919
Address : 13774 1-25 access road Bus . Telephone IL :
Longmont, CO 80501
Name : Theodore Rademacher Home Telephone IL.: 533-4936
Address : 145999 Weld County Road 9'� Bus . Telephone L :
Longmonty CO 80501
Name : Home Telephone I :
Address : " Bus . Telephone IL :, _
Applicant or Authorized Agent (if different than above) :
Name: Home Telephone Ir :
Address : Bus . Telephone I :
Owner(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 SHEET
Address :
Name :
Address :
Name:
Address :
I hereby depose and state under the penalities of perjury that all state-
ments, proposals and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
COUNTY OF WELD ) � '
STATE OF COLORADO ) )-- nirc
ignature : bier or Authorize Agent
Si.bscribed and sworn to before me this 14th day of July 1982 -
a a s
NOTARY PUBLIC 630 Greeley Natl. P azh
Greeley, CO 80631
My commission expires : May 26, 1986
Cow mercia_ development should be restricted to the incor-
porated areas of -municipalities unless necessary to provide
absolutely essential highway services . Gasoline stations,
restaurants, motels and other auto-oriented services should
be located with care at areas where problems of access and
traffic conflict can be minimized. Location of commercial
use outside of existing municipalities will encourage dis-
persed growth and will be of little aid to the economic well
being of the municipalities. The public has a. right to con- G-
trol development along these major transportation routes, for
it is the investment of public treasure in these roads which
makes them attractive for commercial use . Commercial land
use in the county should be limited primarily to those agri-
business functions that cannot be located in a municipality.
The following policies will guide commercial development
in Weld County: r
1. Commercial development will not be
encouraged in the unincorporated areas
of the county unless it c-an be shown
by the developer that the proposed com-
mercial ucp cannot reasonably be located
in an urban area.
2 . Commercial development designed to serve
the agricultural base of the county
should be located wherever practical
within a municipality; however, when-
ever distance from a municipality makes r
this an impractical or unprofitable F
establishment of such commercial ser-
vice, facilities within easy access to
each agricultural area will be encour-
aged.
3 . Auto-oriented commercial services will E
be encouraged to locate either within
r7
- 61 - eir
I
existing municipalities or at well
planned and located areas along, the
major thighways and thoroughfares .
When located outside the -municipal-
ities, the developer will be asked
to furnish justification of the need
for the proposed commercial facility
and to show, through a detailed Plan-
ned Unit Development approach, how
the development will accommodate ? '
the traveling public without inter—
ference with the ongoing traffic.
4 , Detailed development plans will be
needed, along with an economic
impact statement and an environ-
mental impact statement prepared
by recognized experts, for the
development outside the municipal
areas to be considered by the Weld
County officials.
Industrial
Industrial development, like commercial development, is
encouraged io locate in one of the existing municipalities
where such facility can be accommodated according to the
local comp' ohensive plan. Industrial land use is a vital
part of coti,tnnunity development. It provides a foundation for
a well balniiced, self-sustaining community and prevents the !;
formation or "bedroom" towns and the attendant problems cre-
ated by a "mmuting citizenry; a lack of tax base for com-
munity improvement and the lack of community identity.
rial land use in the rural areas of the county
Indust
should be limited to those industries which cannot suitably
be located within a municipality. Rural industrial develop-
ments shouhi be encouraged only when the industry is agri-
culturally •.riented or requires a physical environment that
- 62 -
GUY W. JOHNSTON
tATTORNEY RT LAW
Civic Center Square
2300 Tulare Street Suite 120
Fresno.California 93721
Telephone 209 233-4317
August 31, 1982
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Attention: Mr. Rod Allison
Re: Change of Zone Case No. 378
Dear Mr. Allison:
I represent Mr. and Mrs. Morris Nichols who have a one-eighth
interest in the mineral rights in the NW4 of Section 23 , Twp. 3N,
R. 68W, in Weld County, Colorado.
Mr, and Mrs. Nichols have received notice of a hearing set for
September 21, 1982, concerning an application to have this
property re-zoned from Agriculture to C-3 Commercial.
Mr. and Mrs. Nichols have asked me to notify you of their opposi-
tion to the requested zoning change because of their interest
in the ongoing development of that property for the production
of oil and gas. We will appreciate it if you will register
their opposition to the change with the appropriate officials
of your planning department. We will als-o appreciate being
advised of any action taken at the September 21st hearing.
Thank you for your assistance and cooperation.
i
Sincerely(,
Guy /w. Johnston
GWJ/jm
cc: Mr. Morris Nichols 'AD11
t i1
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\ic4d Co.fla9\01�a a'usiaa
l
DINNER Alm HELLERICH
ATTORNEYS AND COUNSELORS AT LAW
MELVIN DINNER 030 GREELEY NATIONAL PLAZA
THOMAS E.HELLERICH GHEELEY,COLORADO 80031
13031 302-2001
MICHAEL A.LAZAH
CHARLES.1.CONNELL
July 26, 1982
Weld County Planning Commission
Weld County Board of County Commissioners
Re: Rademacher Zone Change
Part of the NW' of Section 23,
Township 3 North, Range 68 West
of the 6th P.M.
Dear Members of the Planning Commission
and Board of County Commissioners:
Our office represents- the applicants, Robert Rademacher, Janice
Rademacher and Theodore Rademacher, the owners of the above-described
property. This property is currently zoned A-Agricultural. The request
submitted by the Rademachers is a change of zoning from the agricultural
to a commercial C-3 zone.
The requested change is to allow a development of the property to be
rezoned to be used by K & C Motor Company, Inc. of Longmont, Colorado.
K & C Motor Company is a retail distributor of recreational vehicles and
motor homes to the general public. This company is seeking an approp-
riate location for its business. Because of the nature of the business
and the large motor homes, it is desirable that the company have
property near an intersection such as I-25 and Colorado Highway 66 and
the frontage road. K & C Motor Company is desirous of and needs such a
location because of the amount of space required to store vehicles, the
size of the items they will be selling and because of the service they
will be rendering to the general public. K & C Motor Company has
entered into a contract to purchase the property being rezoned and
desires to commence operation at the earliest possible date.
Because of the nature of the -business of K & C Motor Company, it is
necessary that C-3 zoning be granted. C-3 zoning is consistent with the
Weld County Comprehensive Plan and the changes that have taken place in
this area. These changing conditions are readily ascertainable, as this
property is located near Sekich Equipment Company and the Sekich
development along Colorado Highway 66 and Interstate I-25. As the
Commissioners are well are, the Sekich development is zoned Commercial
C-3, and the property involved in this particular request abuts the
property owned by the Sekiches.
Adequate water service is available from the Little Thompson Water
District. A letter dated June 8, 1982, from the District indicates that
Weld County Planning Commission
Weld County Board of County Commissioners
July 26, 1982
Page 2
the District's water mains would be extended to the property in question
and a water tap supplied, which would be adequate to supply water for
the 10-acre parcel. According to engineering reports attached hereto
from Rocky Mountain Consultants, Inc. , an adequate engineered system can
be designed for the site to handle sewage treatment. There appears to
be no problem with either the soil conditions or any high water tables
in this area. The road and highway facilities providing access to the
property which is the frontage road would provide adequate facilities to
meet the requirements of this zone change. There are no known
additional requirements to upgrade the road and state highway
facilities.
To the applicants' knowledge, the property contained in the application
is not located within either a flood or geological hazard area as
identified by maps or adopted by Weld County and is not within a known
commercial mineral deposit as defined by Colorado statutes. To the
applicants' knowledge, there are no restrictions or limitations due to
the results of soil conditions that would interfere with construction of
structures or facilities on the site.
Respectfully submitted,
THOMAS E. L ICH
Attorney at Law
TEH/ss
•
Page 1 of 1,
-DEVELOPMENTAL REPORT
RADEMACHER FARM
SOILS : No test drilling was done on this site but observations of
two 8 foot deep test holes indicate the following soils profile :
8" to 1 ' Reddish to dark brown, rich sandy
top soil
1 ' to 5-1/2 ' Sandy silty clay
5-1/2 ' to 8 ' Very fine white weathered sandstone
8 ' to 8-1/2 ' Sandstone bedrock
The soils on this site are of the Weld Adena-Colby Association which
are well drained soils that have very little limitations regarding
the support of normal foundation system for the residence to be
constructed on these sites. The soil appears to have moderate
bearing capacities adequate for conventional spread footings.
In these test holes water was not found in the north hole. In
the south hole water was found at 8 feet bel-ow the surface. This
hole is very near an irrigation ditch which had run water for 12
days prior to the excavation. The site is well drained sloping
approximately 3 percent to the north and there appears to be no
limitations for the purposes anticipated in this request.
MINERAL RESOURCES: After observing test holes on the site and
checking the surrounding areas it is my opinion that there are
no sand or gravel resources on or under this site.
l l
Page 2 of 2
On June 22 , 1982 , percolation tests were made on that portion of
the NW 1/4 of Section 23 , T3N, R68W. The results of said tests
show a percolation rate of 1 inch in 120 minutes. It is our
opinion that engineered systems can be designed for these sites.
Ali CoR,
•
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LEGEND
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W� cG, C¢R.SEC,
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SEC, 23
ROCK M i . •ipi LTANTS, INC.
K n Rollin C PZ11.EV,
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r, E m
a L, .LO2UA CO. , INC .
1331 Main St .
Longmont. Co. 80501
June 22, 1982
Weld County Planning Dept .
Greeley,
Colo.
Concerning the property owned by Mr. Rademacher which is
located at I-23 and Frontage Road near Colo. 66, the traffic
count for our business will be 15 to 20 cars a day.
• Sincerely,
rr7 C! !�
Kenneth A. Williamson
MAILING LIST
Z-378:82:20
Rademacher, et al
Robert & Janice & Theodore Rademacher
14599 Weld County Road 91/2
Longmont, CO 80501
Jim & Linda McKinstry
3750 Weld County Road 32
Longmont, CO 80501
Sekich Farms, a general partnership
1-25 & Colo. Highway 66
Longmont, Colorado 80501
Donald C. Hilgers
436 West Main
Barrington, Illinois 60010
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DATE : Oc =r 4, 1982
X
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 10th day of November, 1982 at 2:00 P.M. :
Docket No. 82-64 - Theodore, Robert & Janice Rademacher, Change of Zone
A (Agricultural District) to C-3 (Commercial 3 District)
OFFICE OF THE CLERK TO THE BOARD
BY: ._, ::� - r,A.. Y' 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
doc sa
(Lane/a . a
DATE : Octol 13, 1982
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners:
If you have no objections, we have tentatively sat the
following hearing for the 17th day of November, 1982 at 2:00 P.M.
Docket No. 82-64 - Theodore, Robert & Janice Rademacher, C0Z - A to C-3
Docket No. 82-67 - Golobe, Lucas and Estavenovich, C0Z - vacation of development
standards with Zoning Case #236
OFFICE OF THE CL TO THE BOARD
Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Hello