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Home My WebLink About820050.tiff AR1905025 RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL DISTRICT) TO I-3 (INDUSTRIAL DISTRICT) FOR MARTIN AND WILMA OASE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home No Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 1st day of Sept- 3 ember, 1982, at 2: 00 o' clock p.m. for the purpose of hearing the application of Martin and Wilma Oase, 4784 Weld County Road 12 , Erie, Colorado 80516, requesting a Change of Zone from A (Agricultural District) to I-3 (Industrial District) for a parcel of land located in the N1/2NEa of Section 11, Township 1 mu North, Range 68 West of the 6th P.M. , Weld County, Colorado .z being more particularly described in Exhibit "A" , attached c.I- hereto and incorporated herein by reference, and Lu c.aw WHEREAS , Section 21. 6. 2 of the Weld County Zoning Ordinance uz provides standards for review of such a Change of Zone, and e•z WHEREAS , the Board of County Commissioners heard all the cx:r testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission, and having been fully informed finds as follows: 1. The applicant has complied with Section 21. 7 et. seq. of the Weld County Zoning Ordinance regarding the application requirements for a change of zone. 2. The request is in conformance with Section 21. 5. 1. 1 of the Weld County Zoning Ordinance as follows : a) It is the opinion of the Weld County Board of County Commissioners that the proposed zone change is con- sistent with the Weld County Comprehensive Plan, and the proposed district will be compatible with the existing surrounding land uses and future de- velopment. The subject site is located in the Tri-Area Planning Commission Comprehensive Plan Areas . The Tri-Area Planning Commission is recommending approval of the request and identifies the subject site for future industrial land use. b) Weld County Road 12 will provide adequate access to the site. c) The proposed rezoning would not interfere with ex- traction of any known commercial mineral deposits. Ti--03')`? 820a5a Page 2 RE: COZ - MARTIN AND WILMA OASE d) Soil conditions do not present limitations to the construction of structures on the site. e) The proposed sewer system has been determined adequate. f) Water will be made available to the site by North Central Weld. `` r- NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- `` missioners of Weld County, Colorado that the application of Martin and Wilma Oase, for a Change of Zone from A (Agricultural 0 hi % 3 District) to I-3 (Industrial District) on the above referenced _ hi parcel of land be, and hereby is granted subject to the following iy conditions : 1) A geological hazard survey permit is required for VI- any portions of the property which are within the potential sub- .c: sidence areas before any building permits are issued or before hi any toxic materials are stored on the property; 2) Prior to the C E issuance of building permits, the applicants shall contact the "' Longmont Fire Protection District to insure an adequate water hi LN iii supply is available for fire protection. =! 3 The above and foregoing Resolution was, on motion duly made ,... z r and seconded, adopted by the following vote on the 1st day of rice September, A.D. , 1982. CO 0 1 ., n -m „ �1 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO LL Weld County Clerk and Recorder L Lt., -2/ ' l;f, and Clerk to the Board Jptn Martin, C airman BY /l, _ NAY Deputy County Clerk huck Carlson, Pro-Tem APPROVED AS TO FORM: er-dad---- � Norman Carlson C C�C r` )a-eC t: /-,�, c y County Attorney . Kirby , .1//" >� � rf) e K. Steinmark aw ( .L I q ,---t k ) max- -r_ . DATE PRESENTED: September 8 , 1982 %RI905026 is rl 1 I :C; n "So .4.) ii'i, . I 1 0 , I,,; i i 00 .e 421_ 11 E 70..)1 MARY 11 FE]IFRSTI IN CLERK & RI f,0 R IWLr f) CO,' CO i A 75" OASE ZONE CHANGE CHANGE OF ZONING FROM NE COR. AG TO 1- 3 SEC. II w U CWC� 0 (O W Z QZz .. NLLJ N 1/4 r�� 1 /2 2635.38' o f + 26.0' COR. } S88 53 28 W _ FENCE X X X X X -X % X� X x X X X � X LINE --� -20,} 2605.27' 1 30 FENCE --..- ROW LINE 0) CO � M MI IM ro N 1M _ _ N.I/2 OF N.E. 1/4 M 60.479±-4C. o o "_ w `n cEXIS T. ZON:NG A G w - " 111=40d PROPOSED ZONING 1 -3 = ce in' le MI N c O Z O O � ( CD w o 22.0 x m Li, FENCE IL LINE 8.2 I 260 FENCE 4 .49 ' xi . LINE } AR S88°52149W 0 .�—W 263049 -Awl LEGAL DESCRIPTION Ittike b//C/Sy The North one-half of the Northeast one-quarter of Section 11 , TIN, R68W of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northeast corner of said Section 11 ; thence South 00°11 ' 15" East 1331 . 39 feet to North one-sixteenth corner of Sections 11 and 12 ; thence South 88°52' 49" West 2630. 49 feet to the North center one-sixteenth corner; thence North 00°23' 54" West 1331 .82 feet to the North one-quarter corner of said Section 11 ; thence North 88°53' 28" East 2635. 38 feet to the point of beginning containing 80.479 acres more or less. SURVEYOR' S CERTIFICATE: I hereby certify that this plat was prepared un jai - % ,d 4. vision and t t the same is correct to the best of my knowledge and bg ,-r' 9, ?r �� '-�/ fit 13 s";;C 'r COLORADO R. L.S. No. 4, PROPERTY OWNERS APPROVAL: I , Martin Oase and Wilma J . Oase, being thkt ice: , in fee of the above described property, do hereby request the zoning - , i1 - n�5 ^ attached map. ect.t ^4"` '4 Martin Oase Wk I'ma J. Oase .y The foregoing certification was acknowledged before me this iY 19 S'I Witness my hand andseal . i.q My commission expires: .Th 5-1/K///TS �� ?- 1 l'gK,.c No ary Publ lc.., r e,,;* ,,•PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld Couilt} ,vagning Commission does hereby recommend to the Board of Commissioners , Weld Cou6p ', jorado 'for their confirmation, approval and adoption of this Zone Change as sho ,S des- cribed hereon this 2.1 day of E�Z _ - -.----, 19 e _ airman, P n nrR g -Commis o BOARD OF COUNTY COMMISSIONERS CERTIFICATIO is is to ce tify that the oard of County Commissioners, Weld County, Colorad hereby onfirm, app ve a d adopt phis Zone Chan e as shown�) and described hereon this day of _, 1 1r ATTES (Lh 4:4Is aria f_," ( / .>e ." J /Llv. LA f 4,-4' '. ugty Clerk ':Chairman, Board of Co. Commigs^ioners ((//�� / RECORDED: f f o g Sry�yO� a 6 _ , „,,,,,, i`,: teputy .DATE: _---Ji�_�'--�- I'-' (2.,. -------- t "� A public hearing was conducted on September 1 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Jeannette Sears ASSISTANT COUNTY ATTORNEY, R. Russell Anson PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated July 26, 1982, duly published July 29, 1982 and August 19, 1982 in the LaSalle Leader, a public hearing was held on the request of Martin and Wilma Oase for a Change of Zone, from A (Agriculture District) to I-3 (Industrial District) . The Planning Commission recommended that this request be approved with conditions. Mr. Oase was present and answered questions. He stated that this property lends itself to industrial zoning because the area has changed into an industrial area. The possible subsidence of the area was discussed. There were no objections to this request. After study, Commissioner Steinmark made a motion to approve said Change of Zone from A to I-3 because the request appears to be consistent with the community's desires and the development that has occurred in the area. Commissioner Steinmark included the following conditions: 1) A geological hazard survey permit is required for any portions of the property which are within the potential subsidence areas before any building permits are issued or before any toxic materials are stored on the property; 2) Prior to the issuance of building permits, the applicants shall contact the Longmont Fire Protection District to insure that an adequate water supply is available for fire protection. Commissioner Kirby seconded the motion and it carried by the following vote: All the Commissioners voted yea except Commissioner C. Carlson who voted nay. Commissioner C. Carlson stated that this request is almost like spot zoning and, further he would like the subsidence questions answered before said Change of Zone is approved. Cc I RMAN 4� BOARD OF COUNTY COMMISSIONERS ATTEST: el WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD -- J Deputy County C erk DOCKET# 82-47 TAPE# 82-61 LHR 2134 NOTICE 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 heard . BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners , located in the Weld County Centennial Center , 915 10th Street , Third Floor , Greeley, Colorado . APPLICANT DOCKET NO. 82-47 Martin and Wilma Oase 4784 Weld County Road 12 Erie, CO 80516 DATE : September 1, 1982 TIME : 2 : 00 P.M. REQUEST : Change of Zone , from A (Agriculture District) to I-3 (Industrial District) LEGAL DESCRIPTION : N'NEa of Section 11, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: July 26 , 1982 PUBLISHED: July 29 , 1982 and August 19 , 1982 in the La Salle Leader LHR 2134 Affidavit of Publication STATE OF COLORADO. 1 bb. County I 6y Doff of 1 4ze.t (Sir , of said Count of Weld being duly sworn Y n. soy that I am pubashe//r cl that the same is a weekly newspaper al genera: circulation deed. printed and published in the c..4. 17::2 town ofLitX61 in said county and state: that the nonce-cr adver tisement. of which the annexed is a true copy. has been published in said weekly newspaper WELD COUNTY LEGALS for la.4 . . consecutive I weeks: that the 'once was published anthe NOTICE regular and enure issue of every number of said Pursuant le 1Swsoning laws of the DATE: September 1, lte2 newspaper during :he period and time of pub;; State of.Colorad*and the.Weld TIME: 2:00 P.M. - cation of said notice and in the newspaper County Zoning Ordinance,a public REQUEST: Change of Zone, from p per hearing will be held in the Chem- A (Agriculture District) to 14 proper and not in a supple.nent thereof: ,hat the ben of the Beard of County (Industrial District) first Commissioners of Weld County, publication of said noise was contained In Colorado,Weld County Centennial LEGAL DESCRIPTION: the issue of said newspaper hearing date the Conte. NS 101St Street, Greeley, nship 1 Colorado,at Met aspecified. N1/2 NEE Range Section ist Mei6tb p time sd'm Perth, 4 West of ma'elh day of:' - A C 19�.� .penals at ig pros proposed Chantee of P.M.,Weld Coonry, Caarado.... and the lost pu it.-atsn theicci. in tie issue a- Ian Del g estedt attend of Zone are rar to attend and BOA�tDOp IONERS said,newspaper bear.nq date, the �9 day cat may ITheard.RISE : COMMISSIONERS /�1 BE IT Also KNOWN that the WELD COUNTY,COLORADO . 19 d"rC. ihc.t the said loot and maps se Certified by the i County Manning Commission may - BY:MARY ANN FEUERSTEIN be aaamteee hl iM Office of rim COUNTY CLERK AND '7 —c-/...� CLICI'�(J Cork m the Beard of the CoMLtY RECORDER AND Cam - CLERK TO THE WANK has been published continuously and uninterrupt- ty CtElenmal CeMerr01.110th edly during the period of at least fifty-two con Street Third Mew'.Ollif*W.e CMM Ay Bette M.Peeee,Deputy con- secutive weeks next prior to the first issue thereat DOCKET S00. @•q. DATED: July 2s, WU containing said notice or advertisement above Pohlsbed.in the La Salle Leader referred to; and that said newspaper was at the A1PpPILmIrCA eT ThareSee MY a aid pint it, mantgrtime of each of the publications of said notice OM lCooney eRweadr. 110E duly qualified for that purpose within the mean ' Erie COOMia • ing of an act, entitled, "An Act Concerning Legal Notices, Advertisements and Publications, and the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts.in Conflict with-the Provisions of this Act." approved April 7. 1921, and all amendments thereof, and particu tarty as amended by an act approved, March 30 0:221"41" 1923, a andon act approved Ma 18. 1931. ter Subscrined and sworn to before me this ofd cloy at .. i . A.D.. 19 d,% d % ' �1j11- My <omtssrur. owner �7--� —„m .� Notary Public Affidavit of Publication STATE OF COLORADO 1 ss. County of Welld,�r p 1 L P4" 1. (V f1i.S s e_ Li , of said County cl Weld being duly sworn, siy that I am publisher of is A S c Ile IQ z t 4 42 r , LEGAL NOTICE that the same is u weekly newspaper of general NOTICE circulation and printed and published in the Persuentto the She of,:Cramp laws oWee town of IN i3. S4-11(2.-. .. Cele*Unfelt preplan a ppp-- • in said county and state: that the notice Cr adver- Ywrhts trlit he Mkt III Me Chant-lic 1, tisement, of which the annexed is a true copy, �rdmts the Beery- tl Counry has been published in said weekly newspaperBoWsld pyy • T'v-'o - c«d.. eld IMh flfied.NN for _��t„, ..pCewfepreft fn ant ao,at meNme'�P�eOxi�ij wanner Interested In weeks; that the notice was published in the me WNW tN ProPeeM regular and entire issue of every number of said Zeae aVl fegaotNddSo'eI1�n0 aaA newspaper during the period and time of publi iE IT ALSO KNOWN fMf The cation of said notice and in the newspaper text ene C 1 Mons so pryNlee by me proper and not in a supplement thereof; ghat the be eaM atnW nBliatnBlNslpt may tint publication of said notice was contained is Clerk to the bean n ilia Offle• « In: the `fissue of said newspaper bearing date, fr.?. .."etY sinner deIII kdInmWeld 7- day of V t A.D., 19&2, eT1dr PIS:.enter.1f INh (r Bfeey,Wo• and the last publicaticn thereof in the issue et said newspaper�l1 bearing date, the I '1 day at DOCKET NO. Q-O —._.-._! u_J. 19 8Z that the said APPLICANT AlofRnend Witmd Osse +I / �//)/ La aw YAM County Roes 12 _k-1CLSttrv-. Laic 4gtr eft COsue DATE: Septembar has been published continuously and uninterrupt- TIME: 2:roP.M, I. 1002 edly during the period of at least fifty-two con- REQUEST:!Change of Zeey-from seculive weeks next prior to the first issue thereof A (ARNrtlOfe District) to 1J GlndustrW DIfMH) containing said notice or advertisement above LEGAL DE referred to; and that said newspaper was at the Ny NESCRIPTION: UI of time of each of the publications of said notice. Norm, Range de mint n ofThv Ego M1 duly qualified for that purpose within the mean- PAt"Weld County.Colorado. - leg of an act. entitled. "An Act Concerning Legal WARD OP COUNTY Notice, Advertisements and Publications, and WELD COUNT*.the Fos of Printers and Publishers thereof, and COLORADO to Repeal all Acts and Parts of Acts in Conflict BY:MARY ANN PEUERSTEIN with the Provisions of this Act," approved April 7, COUNTY CLERK AND 1921. and all amendments thereof, and RECORDER particm CLERK TO THE WARD laxly as amended by an act approved, March 30, • 1923, and an act approved May 1 , 1931. BY:N11e M.Faey,Deputy • -.DATED: Pay 7f, tfS2 _..Ct.-+:y-�.---.. C/-•��'rGLs°:£ SZZ SM S+we tawPublic r 1b INS bBeot if, Subscribed annd r7,vorn to before me this ....j f day of - a/'.? . '_., A.D., 19_Cv's ray commission expires . / ......_.c�_ �'S Notary Public Affidavit of Publication STATE OF COLORADO. 1 ss. County i i'/ '' --of��Weld, 1 Gf .//Q4-9-e-/, , of said County of Weld being duly sworn sly that lRSN. NOTICE I am publisher of si�s� • NOTICE JGt-ele. J_ �.-J Pursuant lo gig mooing laws of Me that the same is a weekly newspaper of generd State of Colorado and the Weld circulation and. printed and published In the hearing Emile Ordinance,a public (�� ating will be held in the Cham- town of _—a ez_. -berm of Me lewdN County Commissioners of Weld County, in said county and state: that the notice cr ("river Colorado.Weld County Centennial tisement, of which the annexed is a true copy. Cet1tK, 915 IoM SMMt. GreNey, has been published in said weekly newspaper emigre i aHl NnortlfiM.An CRC partNN NaldEreo dinterestedof for OC. ._ -. consecutive Zone arein the eq requested, Change of puufed,to attend and weeks that the notice was published in the may be hoard. - EE IT AI:SO KNOWN that the regular and entire issue cf every number of said text and maps so certified by the newspaper during the period and time of pub's; Cow*POtminpCommission may be examined in re Office of the cation of said nonce and in the newspaper Clerk N Ma Bard of tbe County proper and not in a-supplement thereof: that the COnmifeloners.teatted in the Wood COUnly Centennial Center,915 gbh first publication of said nonce was contained in Street,Third Pleor,•GnNey,Colo- the issue/ of said newspaper bearing date /�Ihs rado. r.�C % day oil �4. A.D.. 19d,.Z DOCKET NO. Del and the last puyyy%%fkaticn eteci in the Issue c: APPLICANT said,newspaper bearing date, the ./f day or Matta and Wilma Oase /� G, t vi QM WeldCounty Road 12 ` Gr.« tit • 19 ara<thct the said Erie,COa061a ��y DATE: Sr I. 1 /c--Cx�. j{�ti� ooOmM 112 TIME: 2:M P.M. REQUEST: Change el ZOO,from has been published continuously and uninterrupt- A USrlteltire District) to 1.3 edfy during the period cf at least fifty-two con- (Industrial plli1L11 secutive weeks next prior to the first issue therect LEOOWDESCRIPTION: containing said notice or advertisement above WA NMe of gMientl.-W Itoip1 N.M.. Range#Vint-0 the Ith referred to: and that said newspaper was at the P.M.,WOO CO O/Celerado. time of each of the publications of said notice u wry duly qualified for that purpose within the mean EO1W ISIONERS EOAiMIOLONER4 ing of an act, entitled. "An Act Concerning Legal • -WELD ODUI4TY:COLORADO Notices, Advertisements and Publications, and BY:MARY ANN RE.UERSTEIN the Fees of Printers and Publishers thereof, and ODWITYC KAND to Repeal all Acts and Parts of Acts m Conflict CLERK TTO4 AND ARI) with-the Provisions of this Act." approved April 7, EY:Bette MrPeoae,Deputy 1921, and all amendments thereof, and particu- - lady as amended by an act approved, March 30 DATED:JNY'3 1062- 1, and an act approved ay le. 1931. Published in al•is Lae Leader ,/ �/ nlwarn J y Sa OW Anent It, 7-7 1962. , ubLsher Subsctlhrd and,,n,{' sworn��.,. - tc before me this Jr day a!! t„! e2e- , A.D.. 19 • J pp,O My commission wires �'_T 7—....�t.._ Notary Public Artidavit of Publication STATE OF COLORADO ss. County of Weld, I, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising derk 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 been published in said daily newspaper for consecutive (days) (weeds); that the notice was published in the ' rs4gt Cagnty cem- regular and entire issue of every number of said ;' o- < '"s � f t OM' newspaper during the period and time of publication of C 14th attlet. Welty, said notice, and in the newspaper ro er and not in a ^pte.nmvsnc„ted:Allproper rin'acttedin supplement thereof; that the first tit, rr Chenge of. publication of said to ptrond and notice was contained in the issue of said newspaper Z R ie a .-SO,w certified by that the bearing date Weld topn y Planning Commission the Ci.fly be examined to thedBoard`off County Sixteenth Corhm 9.located in the Weld . Cdunty "W I c .r,915 10th day of August A.D. 19 82 Street, •I re►hy.1Col. oreda. and the last publication thereof; in the issue of said ,, DQCNEXMOk32-47 APPLICANT Martin and Wilma oehe.. newspaper bearing date the Oar Weld County Road 12 E DATE:September 1,1933 e,CO 30516 TIME:2:00P.M. S ixteenth REQUEST:Change of Zone,from A (Agriculture District) day of August A.D. 1982 LEQA'WO RtPIldtS T• i., Ram NE%A of Section 11,Township that said The Greeley Daily Tribune and The Greeley ' PM.,Weld ounty,Corm 6I1 looraddo.t`61h Republican, has been published continuously and DATED:July 2a,1932 uninterruptedly during the period of at least six ,BOARD OF COUNTY. COMMISSIONERS months next prior to the first issue thereof contained WELD COUNTY;COLORADO BY:MARYANNFEUERSTEIN said notice or advertisement above referred to; that said COp NTV CLERK A2la cos 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. August 16, 1982 Total charge: $13.63 r \ 1.`c, A. , Advertising Clerk Subscribed and sworn to before me this 16th day ) August A.D. 19 82 My cot ission eitpires ` COmmissionypires February ao, i rte, \ Notary Public BEFORE T1._ WELD COUNTY, COLORADO PLANNING ,,,,MMISSION 'om RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS t cP - Date July 20, 1982 Case No. Z# 376:82:18 � r r APPLICATION OF Martin and Wilma Oase ADDRESS 4784 Weld County Road 12, Erie, Colorado 80516 3 Moved by Jack Holman 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" ( Agriculture District) to "I-3" (Industrial District) covering the following described property in Weld County, Colorado, to-wit: NZ NE1, Section 11, TIN, R68W of the 6th P.M. , Weld County,Colorado. be recommend (favorably) (lI nl ) to the Board of County Commissioners for the following reasons: 1. The applicant has complied with Section 21.7 et. seq. of the Weld County Zoning Ordinance regarding the application requirements for a change of zone. 2. The request is in conformance with section 21.5 of the Weld County Zoning Ordinance as follows: It is the opinion of the Weld County Planning Commission that the proposed zone change is consistent with the Weld County Comprehensive Plan, and the proposed district will be compatible with the existing surrounding land uses and future development. The subject site is located in the Tri-Area Planning Commission Comprehensive Plan Areas. The Tri-Area Planning Commission is recommending approval of the request and identifies the subject Motion seconded by: Bob Halleran Vote: For Passage Jerry Kiefer Against Passage Bob Ehrlich Wilbur Wafel Bob Halleran Jack Holman The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, 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 l 0 y 1982 and recorded in Book No. vIII of the proceedings of the said Planning Commission. Dated the 21 day of July , 1982 . Secretary 804-80-050 Z-376:82:18 Martin and Wilma Oase Nz NE1 Section 11, T1N, R68 July 20, 1982 Page 2 site for future industrial land use. - Weld County Road 12 will provide adequate access to the site. - The proposed rezoning would not interfere with extraction of any known commercial mineral deposits. - Soil conditions do not present limitations to the construction of structures on the site. - The proposed sewer system has been determined adequate. - Water will be made available to the site by North Central Weld. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. The Weld County Planning Commission recommendation for approval is conditional and based upon the following: Prior to the issuance of building permits, the applicant shall contact the Longmont Fire Protection District to insure an adequate water supply is available for fire protection. RA:rg Date: .ly 20, 1982 CASE NUMBER: Z-367:82:18 NAME: Martin and Wilma J. Oase REQUEST: A Change of Zone from "A" (Agriculture) to "I-3" (Industrial) LEGAL DESCRIPTION: N1 NE1, Section 11, T1N, R68W of the 6th P.M. , Weld County LOCATION: One (1) mile west of the town of Dacono on Weld County Road 12 THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: ' 1. The applicant has complied with Section 21.7 et. seq. of the Weld County Zoning Ordinance regarding the application requirements for a change of zone. - 2. The request is in conformance with section 21.5 of the Weld County Zoning Ordinance as follows: - It is the opinion of the Department of Planning Services staff that the proposed zone change is consistent with the Weld County Comprehensive Plan, and the proposed district will be compatible with the existing surrounding land uses and future development. The subject site is located in the Tri-Area Planning Commission Comprehensive Plan Areas. The Tri-Area Planning Commission is recommending approval of the request and identifies the subject site for future industrial land use. - Weld County Road 12 will provide adequate access to the site. - The proposed change of zone is not located within any overlay district. - The proposed rezoning would not interfere with extraction of any known commercial mineral deposits. - Soil conditions do not present limitations to the construction of structures on the site. - The proposed sewer system has been determined adequate. - Water will be made available to the site by well. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. The Department of Planning Services staff recommendation for approval is conditional and based upon the following: Prior to the issuance of building permits, the applicant shall contact the Longmont Fire Protection District to insure an adequate water supply is available for fire protection. RA:rg on,. 01 n9 c FIELD CHECK FILING NUMBER: COZ-376 DATE OF INSPECTION: July 13, 1982 NAME: Oase REQUEST: Change of Zone from "A" (Agriculture) to "I-3" (Industrial) LEGAL DESCRIPTION: WI NEZ, Section 11, T1N, R68W of the 6th P.M. , Weld County LAND USE: N Wheat crops E Concrete batch plant and brick maker S Crops W Wheat and Junk yard ZONING: N Agriculture LOCATION: One (1) mile west of Dacono on E I-3 weld County Road 12 S Agriculture W Agriculture COMMENTS: Slope is to the west. Access to the site is from Weld County Road 12. A gravel road. A house, barn and outbuildings exist on the property. The balance of the property is in wheat. A tank battery is operating on the property. • BY. RlArleisonnt Planner RA:rg d CASE SUMMARY SHEET Case Number: Z-376:82:18 Size of Parcel: 80 acres Request: Change of Zone form "A" (Agriculture) to "I-3" (Industrial) Staff Member to Contact : Rod Allison Possible Issues Summarized from Application Materials: The town of Dacono and the Tri-Area Planning Commission have yet to provide a formal recommendation. The Department of Natrual resources identified areas of potential subsidence on the subject property. The Longmont Soil Conservation Service is concerned about the loss of prime farmland. Septic system feasibility has not been determined. RA:rg • 'pas 2-° /y".. REZONING APPLICATIONk,ase 7k : 7-37( f2 / Dept. of Planning Services App . Ch' d By : Date Rec 'd : 915 10th Street App . Fee : Receipt ` • � z3Zl Greeley, Colorado 80631 Record. Fee : 3,0 Receipt # : 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 : N' NE %4 Sec 11 TIN R68 W of 6 P .M . (If additional space is required, attach an additional sheet) Property Address (if available) : 4784 Weld County Road 12 PRESENT ZONE Ag PROPOSED ZONE 1-3 TOTAL ACREAGE 80 OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Martin & Wilma J . 0ase Home Telephone # : . 833-2877 Address : 4 /84 Weld Uty . Road 12 Bus . Telephone # : Erie , Colorado 80516 Name : Home Telephone # : Address : Bus . Telephone # : Name : Home Telephone # : Address : ' Bus . Telephone # : Applicant or Authorized Agent (if different than above) : Name: Home Telephone # : Address :. Bus . Telephone # : Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor ' s Office : Name: Rocky Mountain Energy Company Address : 10 Longs Peak Drive , Broomtield , Co 80020 Name: + Address : �g N pN� O,mD 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. i,. COUNTY OF WELD ) STATE OF COLORADO ) �// � ,,_.,_ Signature : or Authorized Agent Subscribed and sworn to before me thisc day of 7ZQC, 19 �� SEAL NOTARY UB IC My commission expires : // 3 or-5f n - C { f' / cur 'rtk� �� F} . k 9tsta r ri 1 $ ---:11.7"4: f ai • rvk YLL+U k' } �y ! "'_4.. + '� h E '•\\.._ y*_ 1y JAY 'art„t,` 4 x < t. (� . • yam, y r ,f��pFfI % t,+ r,• e,/,,‘.,,,,,.. t '1$ J ..} div.-4w�•4- era . 'H ? "oh l - ,y k _ I Y q-.-,,��,4 r'a -!� <l • �O� Y�• Kt I . 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The history of industrial land use in said area supports the proposal for zoning change . The town of Dacona in the past has given permission for industrial growth in the area ; it has approved Oase request for zoning change . Present industrial users are St . Vrai.n Block , Flatirons , Pre—cast Concrete , oil wells , salvage yards , and car race track ; therefore , it is suggested that the proposal is consistent with the Weld County Comprehensive Plan . 35 . 4 . 1 implies that present zoning for said property could be considered faulty because of increasing industrial users . 2 . The future uses of said property that are allowed in 1-3 zoning shall be computable with surrounding land uses as noted above . 3 . Weld Central Water district can provide adequate water . it has a 6 inch line on the north side of road 12 and a 3 inch line on the east side of road 11 . The present industrial users in the area are using septic tanks which is what would probably be used by new users of comparable size . If a large factory wanted the site then it would probably use Dacono sewer system which is one mile east and ', mile north . 4 . The present heavy truck traffic appears to present no problems . Until industrial users are found for the prop— erty , it is difficult to evaluate the roads . It may be best to pass approval on future users in terms of road conditions . 5 . a . Said property is not in a flood plain . b . Item b . is not applicable at this time because the type of future structures needed are yet to be de- termined . c . There appears to be interference with the future extraction of mineral deposits , since there appears to be no minerals for extraction (not applicable) . d . The limitations subject to soil conditions will be addressed by applicant prior to the development of industrial structures . III . It is assumed by applicant that items 8 through 14 have been adequately considered by the responses given in items II . 1 . through II . 5 . d . k f t ( r `. P. 0 . Box 115 Dacono, Colorado 80514 February 11, 1982 Department of Planning Services Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Honn; On February 9, 1982, the Dacono Planning Commission met. At that time Mrs . Wilma Oases presented herself before us to ask our opinion on their request for a re-zoning of their property, 80 acres more or less, southwest of the Dacono Town limits in Weld County. Their present zoning for that area is Agriculture. She and her husband Martin, have requested a zone change to Industrial . I understand that they have approached you on this matter. This Commission has no objection to the zone change on this parti- cular property, to Industrial-I. This falls in n with our Compre- hensive Plan. Dacono Planning Commission emphsized Industrial-I. This Commission is appreciative of your consideration directed toward us. Thank you. Iva J . Renner, Chairman ,,),ea___. • /1 0i.<4.f.e2.), Mute' --e-crc�.) Dacono Planning Commission Dacono, Colorado `fi t P--- r 2 t j;;a►% 2 isu_ , Ve;t Ca. Pkan" tflitilliSSiN aill cQ p v, O I` RICHARD D.LAMM '� e `}'** JOHN W. ROL * GOVERNOR ' O DIRECTOR /876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING- 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 February 25, 1982 Mr. Martin Oase 4784 W.C.R. #12 Erie, CO 80516 Dear Mr. Oase: The letter and the accompanying map should serve to outline the portions of your property which are impacted by potential ground subsidence due to under- ground coal mining. Given your intention to rezone parts of the tract in the north 1/2 of the NE 1/4 of sec. 11, T1N, R68W, restricting the use of the cross-hatched areas to un-occupied activities such as storage yards and stockpiles, should sub- stantially minimize any adverse effects of the potential subsidence. I hope this letter and map meet your needs in this regard, if not, or if additional needs arise, please call . Yours trMi s, 4611-19--- Jeffrey Engineerogist It GEOLOGY L STORY OF THE PAST KPY TO THE FUTURF Al O ( 0 CJ N I T o x Z N CO U W U cn N O .n C'6r-- • 1 W a Cal 0cra W P: Fa co O - V CENTRAL WELD COUNTY WATER� DISTRICT 105 18TH STREET GREELEY. COLORADO 80631 DALE D. OLHAUSEN PHONE (303) 352-1284 MANAGER ID May 27, 1982 Martin Oase 4784 Weld Co. Rd. 12 Erie, Colorado 80516 RE: Water Service Dear Mr. Oase: This letter is in response to your request for the availability of additional water service for the following described property: Nz, NE1 of 311, T1N, R68 West of the 6th P.M. , Weld County, Colorado. Water service is presently available to the above described property by tap number 914 . Additional water service can be made available to this property provided all requirements of the District are satisfied. Central Weld County Water District requires that contracts be con- sumated within one year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT C. ;}),gi g-6/ia• tf2rL � 2 Dale D. Olhausen Manager DDO/sb Longmont Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 June 29, 1982 Mr. Rod Allison, Current Planner Weld County Planning Services 915 10th Street Greeley, CO 80631 Re: Martin & Wilma J. Oase - Zone Change - Case Number Z-376:82 Dear Rod: An on site review of this tract shows that the major portion of the 80 acres is considered "prime farmland." There is a portion of the area that is in a major drainageway and should not be considered for any other use. The farm is presently planted to mostly hay crops and the land is irrigated. In keeping with the District's expressed concern of loss prime farmland, this request should receive guarded scrutiny before any decision is made to change the present agricultural zoning. Sincerely, tee- i^ (i�vLzLLt 244 Orville Sadar President OS:r CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT // Y <x.-&,'l,U ,c.it y t, Of DEPARTMENT OF PLANNING SERVICES � 1 ;: ��'/ �- ��/(' �. PHONE (303)3564000 EXT.-4n ! 915 10TH STREET l `- 1 _ (? 1 GREELEY,COLORADO 80631 �, U f J)111f' g /I . 'Y ® �'lc;tl Ca. Fla NUMBER z-376:82 :7_ g Cnnmssi : :. • JUN _ . nn COLORADO rL REFERRAL , June 15, 1982 TO WHOM IT MAY CONCERN : Enclosed is an application from Martin &-Wilma J. Oase for a change of zone from "A" (Agriculture) to "I-3" (Industrial) The parcel of land is described as N1 NE't of Section 11, TIN, R68W of the 6th P.M. . Weld County, Colorado The location of the parcel of land for which this application has been submitted is 1 mile west of Dacono on Weld County Road 12' This application is submitted to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations . If a response from your office is not received within 14 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 14 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by July 15, 1982 so that we may give full consideration to your recommendation. Thank you very much for your `hellp and cooperation in this matter. 1. x We have reviewed the proposal and find no conflicts with our // interests. A c; . a„o/yriJ wouk(hc ng0uiltd04. '�eas%6r/4 a IA tiers. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter. G _�� Signed ,4 4414 W Agency (p 1 .b Date ` 2F-Sz- 49 Rod Allison, Current Planner C C. MAILING LIST Martin & Wilma J. Case Z-376:82:18 Clifford & Vera Haller 4651 Road 11 Erie, CO 80516 Dan E. Ryan 8115 W. 63rd Avenue Arvada, CO 8004 Azalea Farms 1005 Riverside Drive Fort Collins, CO 80521 William N. & Ann Stonebraker 5445 Federal Blvd Denver, CO 80221 Irene H. & Maybelle Wright Box 94 Erie, CO 80516 Mary Irene & Annie Jane Wright Box 94 Erie, CO 80516 City of Northglen 10701 Melody Drive Northglenn, CO 80234 Charles David Leppla 3045 California Avenue _Seattle, WA 98116 Ronald & Mary Cochran 4394 Weld County Road 12 Erie, CO 80516 Richard Cosslett et al c/o Longmont National Bank 5th andCoffman Longmont, CO 80501 DATE : Jul: 5, 1982 'PO: 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 1st day of September, 1982 at 2:00 P.M. : Docket No. 82-47 - Martin & Wilma Oase, USR - Change of Zone (A to I-3) OFIhiCE OF/ THE CLER$ TO\\THE BOARD BY. !ice„ Q .1A 4.A„c_—H'eputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 712, _2/3/ Hello