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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 2 iy3L r✓ \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, • /)( 3--h< \ O /. A4- SCyle e c . I c 3, LEGEND V e ,7"--sr r. to Az-Re. , PL ES, S Ac o W. e cC W� cG, C¢R.SEC, Y SEC, 23 ROCK M i . •ipi LTANTS, INC. K n Rollin C PZ11.EV, i . s - .. 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 2 i t . Sara k` i i :. d r a ' Haii rt:1 a r�.. n .. A a • 4 • t • l'' :jam,,, “ r L ; aY. 2 yb ' I..w ..Y, 1 b is CnR7; y \ i 4 { PJ`- 1 I c • .4, a , . 35.—. i..• i itit _k ; v , • i �� • . 111 Born` *. • ;; . ` A t yy ti, y i 4' r. Y t •.r ' . . y 485,1'" +A' ^jy��. .:."Y6 •„i i.. ty Vii) kit : '''-‘,-- -/7 r .. -4, _:,,,k 4 1 4,11/4t2::::: „. • , }. w ,� ...t .+, +� r:efts.,. t, `.�"„ '• 11 J kT7 1 r ,y ,,es +tea:.CI .r. •,,. .f,.ay„ .1�•„.. + fro ��_ .'<.� • _#r -.. ... , } fN { I 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