HomeMy WebLinkAbout820031.tiff AR3898079
RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL DISTRICT) TO C-3
(COMMERCIAL DISTRICT) FOR NICK AND FRED SEKICH
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
rn
0. affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 23rd day of June,
1982 , at 2 : 00 o'clock p.m. for the purpose of hearing the appli-
C
1t =,'. cation of Nick and Fred Sekich, 1-25 and Colorado Highway 66,
Longmont, Colorado 80501, requesting a Change of Zone from A
(Agricultural District) to C-3 (Commercial District) for the
a• following described parcel of land, to-wit:
A parcel of land located in the SWQ of Sec-
" tion 23, Township 3 North, Range 68 West of
o z the 6th P.M. , Weld County, Colorado being
N- y more particularly described as follows :
Considering the North-South centerline of
cc said Section 23 as bearing North 0°46 ' 27"
West and with all bearings contained herein
relative thereto. Commencing at the South
Quarter corner of said Section 23; thence
k z along the North-South centerline of said Sec-
tion 23, North 0°46 ' 27" West, 714 . 44 feet
v :r to the true point of beginning; thence con-
` c tinuing along said centerline, North 0°46 ' 27"
z West, 599. 04 feet; thence South 89°42 ' 56" West,
ti C.4
1244. 91 feet; thence South 0°16 ' 59" West,
� .. 599. 35 feet; thence North 89°42 ' 07" East,
1255. 97 feet to the true point of beginning.
WHEREAS, Section 21. 6. 2 of the Weld County Zoning Ordinance
provides standards for review of such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the
testimony and statements of those present; has studied the re-
quest of the applicant; has studied the favorable recommendation
of the Weld County Planning Commission; and having been fully
informed finds that said request for such a Change of Zone should
be granted for the following reasons:
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) Based on the types and increase of business in the area
and the accessibility caused by the major road systems,
which intersect in this area, indicates that there has
been a sufficient change in conditions to justify re-
zoning.
820031
PLC x)'7'7
Page 2
RE: COZ - SEKICH
0 0 NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
o
cci missioners of Weld County, Colorado that the application of Nick
• and Fred Sekich, for a Change of Zone from A (Agricultural Dis-
c:
trict) to C-3 (Commercial District) on the above referenced tract
- of land be, and hereby is, granted.
hi The above and foregoing Resolution was, on motion duly made
1
and seconded, adopted by the following vote on the 23rd day of
• Y
w June, A.D. , 1982.
`r:
v, z BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
.. w
l
b r4
4) arti Chairman
✓ — )
Y z C uck Carlso , Pro-Tem
co z_
I' EXCUSED
Norman Carlson
• z
is N a ' �Ki b (/
ATTEST: v s1TPiSIeaas terse ` �/1%� %/lea7Y��L�i/,
ne K. Ste rk
Weld County Clark and'Recorder\
and_Clerk to the $bard /7 1
t/ Deputy County - er ck
PP to",
T9 FORM:
County Attorney
DATE PRESENTED: July 7, 1982
A public hearing was conducted on June 23 , 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 STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, Jeannette Sears
ASSISTANT COUNTY ATTORNEY, R. Russell Anson
PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison and Tom Honn
The following business was transacted:
I hereby certify that pursuant to a notice dated May 17, 1982,
duly published May 20 and June 10, 1982 in the LaSalle Leader, a publi ,
hearing was held on the request of Nick and Fred Sekich for a Change of Zone,
from A (Agriculture) to C-3 (Commercial) district. Thomas E. Hellerich, legal
counsel for Nick and Fred Sekich, was present for the hearing and reviewed
the entire request and the reasons. Mr. Hellerich stated that his clients have
submitted a subdivision application for this area and it is currently being
processed. Mr. Nick Sekich commented on the need for said Change of Zone,
it's a good area for commercial development, and if the Change of Zone is granted
it should not affect the adjoining property. Jerry Busby, prospective purchaser,
stated that he is anxious to proceed with his construction on this property.
He added that all but two employees in his operation will be hired from this
area. He feels that this business will be compatible with this area and the
community. The Planning Commission recommended that this request be granted.
No one in attendance at the hearing was opposed to the granting of this Change
of Zone. After all the testimony was received, Commissioner C. Carlson stated
that he believes that this area is ideal for this type business and there is good
access, therefore, he made a motion to approve said Change of Zone. Commissioner
Kirby seconded the motion. Commissioner Steinmark suggested that this area be
looked at and some long range plans be made. Mr. Honn stressed that fire protection
is a real consideration as well as the streets. Mr. Hellerich stated that water
for this site is available and the proper inch line will be installed. The motion
carried unanimously.
l 4L/ 2
IRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST: t G . P,t w Lesr.`
WELD COUNTYERK AND RECORDER
AND CLERK TO THE BOARD
BY: ti p_( A 7
eptty County Clerk
DOC ET# 82-26
TAPE# 82-45
LHR 2003
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET NO. 82-26 - NICK & FRED SEKICH - COZ A to C-3
DOCKET NO. 82-27 - BOURDETTE BRYANT - COZ A to I-3
DOCKET NO. 82-28 - ROBERT E. JOHNSON- COZ A to I-3
Docket No. 82-35 - High Country Turf - USR - Nursery & Landscaping Business
PLEASE write or print legibly your name, address and the DOC il (as listed
above) or the applicants name of the hearing you are attending .
NAME ADDRESS HEARING ATTENDING
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N OTICE
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. 82-26 Nick & Fred Sekich
I-25 & Colorado Highway 66
Longmont, CO 80501
DATE : June 23 , 1982
TIME : 2 : 00 P .M.
REQUEST : Change of Zone , from A (Agriculture) to C-3 (Commercial)
LEGAL DESCRIPTION:
A parcel of land located in the SWa of Section 23, Township 3
North, Range 68 West of the 6th P.M. , Weld County, Colorado
being more particularly described as follows : Considering the
North-South centerline of said Section 23 as bearing North
0°46 ' 27" West and with all bearings contained herein relative
thereto. Commencing at the South Quarter corner of said
Section 23 ; thence along the North-South centerline of said
Section 23, North 0°46 ' 27" West, 714. 44 feet to the true point
of beginning; thence continuing along said centerline, North
0°46 ' 27" West, 599 . 04 feet; thence South 89°42 ' 56" West, 1244. 91
feet; thence South 0°16 ' 59" West, 599 . 35 feet; thence North
89 °42 ' 07" East, 1255. 97 feet to the true point of beginning.
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: May 17 , 1982
PUBLISHED May 20, 1982 and June 10, 1982 in the LaSalle Leader
Affidavit of Publication
i''r -SOS
STATE OF COLORADO, 1ss.
County of Weld, 1
all Sin Strike
�-7�/J ,e1e5St laN " nutty`We Weld
I, .. zza .....i/�Q-C-r- '_[� of OrrSaner.I public
e e lee M the Chun-
said County of Weld being duly sworn s y 0-a' Ise. .`_Ote. gnat* hiCame
'Or' a/ weld County.
I am publisher of geld County CentenMlal
t,{4 _ "' S Is Street, Grteley,
r.fl, 24i-_ ez sa. & diglNlM yqhey All
that the same is a weekly newspaper of genera; SiMIMtrd Chan qe of
d-B1fiIM prapeer W Itreste of
circulation anorinted and published in the gee alli aerated to attendattendand
may lae lent
town of �e_ ..n/ed Ar.i.Q,Q<_ SE IT ALSO.KNOWN Net the
in said county and state: that the nonce cr adver- Net and map is certified;by the
tisement, of which the annexed is a true copy, empty Penning antniasion men
la Weise Office of the
has been published in sold weekly newspaper '-OeO the tern of the County
for .R consecutive ammiMNMrs.Oersted in the Weld
CwMt¢nieneial Center,f1S.10th
weeks that the notice was published in the Street:Third Ffear,Greeley,CNe-
regular and entire issue ct every number of said 1We.
newspaper during the period and time of publ:- cocoa NM lee.
cation of said notice and :a the newspaper ';IFP6lCAikT - -
proper and not in a supp.e.oent thereof: shat the t_"
Nick; Fred Sekleb •
first publication of said not.ce was mnrainea •.r.
► S k{s...a Highway a0'
the ) sue of said geewspa er becrriq date /mho Longman,CO NMI*
r day of l°,7lC AL 19.3✓ DATE:.Joao 23, 1982
and the last publication thereof in the issue o: TIME: tee P.M.
said newspaper bearing date, the /6 day c:
1 REOUeST: Change of Zane,from
1j ri-A:_ 19 X.h Zee/
said A A IARekytbdrOW m C-3 (Coer
-.fir-. , fQ !! e.�__ LEGAL•DESCRIPTION: -
has been published continuously and unintercrpt- A ne pi of tend toeat d in the
ed:y during the period of at least fifty-two con- Nit Session Wet
Taf'me S.
North,lifetoMy,Cela..eb Ming
secutive weeks next prior to the first issue :hereof mitre eaLtaaaly,Celina s.
containing said notice cr advertisement above mare EiCansi Wly,deap/peeu.
blcenr/ntlo•ssaf the Lion a ay
referred to: and that said newspaper was at the #ceP�aeRiie of sale Sectional a-e
time of each of the publications of said notice earl b rllt lentos N' 2T=
west an
aR Malnes cedesh 'duly qualified for that purpose within the mean- el relative NNtee.'Corn-
ing of an act, entitled, "An Act Concerning Legal meet** KM:$eettt-Qaartor
Notices, Advertisements and Publications, and �� :SS.t*gtb *Okra
Ilene :SS—ffirtl Sabi can
istiose or
the Fees of Printers and Publishers thereof, and said • 13,Forth 0 degrees N'
to Repeal all Acts and Parts of Acts in Conflict D" Yst$giS(.!e dal b fro Wye
Pointe tuntinerte;.thence confine-.
with the Provisions of this Act," approved April 7. anti alW0Rt2E� Fid aaadrlIne, NOPM 0
degreretE it"West, M.O.hat;
1921, and all amendments thereof, and portion• fiance South N degree dY SY,
larly as amended by an act approved, March 30, NhsL ROM teen thence yypld
]923, n act approved May 8, 1931. `N 'eed IFfi Wet;40.13 feet,
elela'OMth $t ',settee 4r ore
Q/", _ east'1�Y7 date the Inn mint et
Mgt
Pu fisher _-BOARD OF COUNTY
�� - COMMISSIONERS
Subscribed and sworn to before me this MOitDCQUNTY;COLORADO 71 day of d �2 __.. _.__., A.D ////195 sad DY:MARY ANN FEUER STEIN
d D/ " COUNTY CLERK AND
',rtyn�� "R-BCQR%R AND
/ ' v - waled To TNE,iOARCI
7--f--::
DY:-BMN M.Fete.Deputy
My commission expires 1Y—i DATED:May It IOW
Notary Public
Published lit the La Salle Leader
Thursdrys;'May 20 and use i0,
dn.
S
CB Ts . _LD COUNTY, COLORADO PLANNING ISSION JC'Y"l�ll1? CR1fl77y��ry
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION :l `�' 21
Date April 20, 1982 369:82:11 I ulhi
Case No. Z# 13 "9$2
APPLICATION OF Nick and Fred Sekich GIREELEy.co►ty
ADDRESS I-25 and Colorado Highway 66, Longmont, Colorado 80501
Moved by Bob Ehrlich 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 District) covering the following described
property in Weld County, Colorado, to-wit:
Part of the SW4, Section 23, T3N, R68W of the 6th P.M. , Weld County, Colorado
be recommend (favorably) ( rfa on b ') to the Board of County Commissioners
for the following reasons:
JACK HOLMAN:
We would have to look at what we have always looked at for that particular
area. The probable reason for the tie vote (on Essex Crane) was that the
area has always been looked at as strictly agricultural businesses. That
is one reason the Planning Commission was wanting to rezone this as an
agricultural area. In ar agricultural area all types of e.gricultrual businesses
can operate. One reason for the problems with the Change of Zone for Essex
Crane Company, was because they did not want to open it up for commercial
use and run into a problem, such as the one before the Planning Commission
today. They knew if the commercial zoning were allowed for Essex, then there
would be other applications coming in at a later date, at least this was his
feeling at that time. He still feels, that looking at the Comprehensive Plan,
agricultural zoning would still allow all business pertainin£
Motion seconded by: Bob Halleran
Vote: For Passage Jerry Kiefer Against Passage Fred Otis
Bette Kountz
Wilbur Wafel
Bob Halleran
Bob Ehrlich
Jack Holman
Bill Diehl
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 April 20, 1982 and recorded in Book No. VIII of the proceedings of
the said Planning Commission.
Dated the 23 day of April , 19 82 .
(7.\ ,
Secretary
804-30-050
Z-369:82:11
Nick and Fred Sekich
Part of the SW14, Section 23, T3N, R66W of the 6th P.M. , Weld County, Colorado
Change of Zone from "A" (Agricultural) to "C-3" (Commercial)
April 20, 1982
Page 2
to agricultural to remain in that area, rather than opening it up to commercial
zoning so factories and heavy use could go on there. The question we have
to look at now is whether or not we want to leave it in the type of zoning
it now has, which is "C-3" and leave it in the type of agricultural setting
it is now, or do we want to open it up to commercial uses and just let it
grow and grow and grow. It is probably a benefit to the people who live
in the area as far as job possibilities. A lot of that land is not the
best agricultural land and could have business on it without interfering
with the farm land. The question is whether or not we want to open it up to
commercial zoning or leave it as it is. Whatever way the vote goes today will
be the deciding factor. Changing this back to an agricultural zoning would
not affect any of the business that are currently there and would still
allow new agribusinesses in that area. Granted, it will probably change the
value of the land, but as far as the Planning Commission goes, our job is to
try to control or regulate the growth in the County. The Planning Commission
does not want to do this to the detriment of the County, but for the better-
ment of the County. If it is opened up to commercial zoning the land values
will go up. Do we want to open this up to commercial zoning or leave it as
it is with the type of businesses that exist there now?
BOB EHRLICH:
If there is some zoning that is existing and we ask for a change of zone,
we should go along with the way the property owner feels. There has been
a precident set with the existing zoning, and by the action taken by the
County Commissioners on the Essex Crane Company application it is a touchy
situation. We are concerned about the growth, but the growth will take
care of itself. It is a matter of economics. Poeple are not going into
an area and build unless there is an economic basis for their doing so.
The Planning Commission recognizes the fact that growth is going to come to
the western part of the County. The area has changed, primarily due to the
petroleum industry. Therefore, if something has been in a certain zone
classification for many years, and the people want to keep that zone clasifi-
cation, he personally has to look fairly favorably upon their situation,
because it is his feeling it is basically a property right.
JERRY KIEFER:
It is good to get some of the individual members philosophical thoughts out
on the table so the members of the Planning Commission can understand one
another's views. The exercize the Planning Commission has been going through
the past couple of years was to try to make their plan more relevant to what
is going on. He commended the efforts the staff has made in trying to
identify places where some care and concern ought to be centered and reviewed.
We all realized from the beginning, as we looked at the cases, and identified
spots, that this area would be a very critical and sensitive area and we
realized it would not be easy to settle. He agreed this current exercise
is a good exercise to go through, so the Planning Commission and the County
Commissioners, together, or at odds with each other, will in a sense determine
what the intersection of Colorado State Highway 66 and Interstate Highway 25
is going to be. When the Essex Crane case was voted on he was one who voted
for the change of zone for the reasons Mr. Holman stated. Pe also voted because
he felt this intersection was changing or had changed or would change. For
that reason, and philosophically he has backed it up, not only for Bob Ehrlich's
reason, but also because he feels it is inevitable. It is a changing area
and therefore, our move may make that change happen. He understands, but
feels this is an area that "can take it". He does not like the idea of
unincorporated areas scattered all over, but he feels this area is unique.
He is for the commercial zoning in the area.
Z-369
Nich and Fred Sekich
Part of the SWti, Section 23, T3N, R66W of the 6th P.M. , Weld County, Colorado
Chave of Zone from "A" (Agricultural) to "C-3" (Commercial)
April 20, 1982
Page 3
BILL DIEHL:
The Planning Commission did not have the right to decide on this today, it
has already been decided. The property has been zoned "C-3". To change the
zoning at this time we are "backing-up" on the applicant. If this were his
situation and he went to his banker and told him his land had just devaluated
he would probably have a sale in a week. He felt it was not possible to
backup on the "C-3" zoning. As far as Essex Crane is concerned, he still
stands in favor of them, as he did in a prior vote, because he feels it is
a unique operation and a good location for them.
FRED OTIS:
Feels obligated to have his position on the record. He knows it is going
to be an unpopular opinion. He felt he and Jerry Kiefer have reached the
same place, but have gone in slightly different directions. The issue here,
in his opinion, is whether or not this is going to be a commercial or
agricultural area. If this is approved as commercial today, he will have
a hard time in the future voting against commercial development in that
area, just on the concept that it is an agricultural area, because it
would not be that any more. It would be an unincorporated commercial
development and he is not in favor of that at this point. If we approve the
two applications the Planning Commission has submitted and deny the appli-
cants, we will have a completely agricultural community, even though there
will be some agricultrually oriented business that are permitted under the
zoning code. His philosophy is more to the strict construction of the
zoning code than some of the others. He believes in the Comprehensive Plan.
All of the development that we have been talking about should be in or near
an incorporated area. The Sekich's happened to buy a peice of property at
this particular location and that is the reason the development is occuring.
Other people have seen it and have seen other developments or businesses in
that area and it is going to continue to grow. The Sekich's have been at
odds with the Planning Commission and the staff for some time, as Mrs. Sekich
indicated. This will once and for all resolve the issue, whether it should
be commercial or agricultural. We are certainly not intending to hurt anyone
financially or hurt anybody as an individual, but he supposed zoning, by its
very nature does that on occasion. If we wanted to make everybody equal we
could zone it all commercial and then everybody's property would have value,
or we wouldn't have zoning at all. We have got to make some distinctions
where we want that growth to happen, and in his opinion this commercial type
of growth should happen near an incorporated area. It was his feeling this
is a clear case of spot zoning.
BETTE KOUNTZ:
Felt by denial of the Planning Commission cases they were not going to
create spot zoning because of Essex Crane being zone "C-3" . If the other
land aroung the Essex Crane Company is reverted to agricultural Essex Crane
is a pretty good example of spot zoning. This zoning has been on this
property for many years. The Planning Commission are the ones who created
the zoning to begin with.
BOB HALLERAN:
His reason for seconding the motion is because he feels the change occured
when the Board of County Commissioners approved the application of Essex
Crane Company and to constrain them now that they have made a good-faith
pledge to come into the community and have bought property is moarlly wrong.
WILBUR WAFEL:
He was not at the Planning Commission Meeting when they acted on the Essex
Crane application, therefore his decision is based on what he has heard
today. He has mixed feelings. He agrees with Mr. Otis on spot zoning.
What we are creating is a spot zone. The majority of businesses in this
area are agricultural businesses. But in view of the testimony he has heard
today he will vote yes on this proposal.
83-2 & 3
Helen Irene Faucett
c/o Hartwell & Babcock
Loveland, CO 80537
NOTES
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Mailing List
Z?369 :82 :11
Nick Sekich Jr.
Mary Emily Benson Theodore A. Rademacher
c/o Hartwell & Babcock Route 1 , Box 293
P.O. Box 5 Longmont, CO 80501
Loveland, CO 80537
Glen S. Douthit
Frances E. Woods 1268 Fox Hill Drive
P.O. Box 5 Longmont, CO 80501
c/o Hartwell & Babcock
Loveland, CO 80537 Essex Crane Rental Corp.
I-25 and Colo. Highway 66
Helen Irene Faucett Longmont, CO 80501
c/o Hartwell & Babcock
P.O. Box 5
Loveland, CO 80537
Valley Sixty Six
c/o Arnold Hennsey
32 W. Randolph Street
Suite 1818
Chicago, IL 60601
Sekich Farms
I-25 and Colo. Highway 66
Longmont, CO 80501
Robert M. , Janice M. and Theodore A. Rademacher
14599 Weld County Road 9'
Longmont, CO 80501
The Farmers Mart Subdivision
c/o Horton-Cavey Realty Co.
9600 E. Arapahoe Rd. Suite 260
Englewood, CO 80010
Longmont Investment Co.
c/o HortoncCavey Realty Co.
9600 E. Arapahoe Rd. Suite 260
Englewood, CO 80010
Frederick M. Sekich
6500 Weld County Road 32
Longmont, CO 80501
Nick J. Sekich, Jr.
6500 Weld County Road 32
Longmont, CO 80501
Jerry R. Rottman
6500 Weld County Road 32
Longmont , CO 80501
Date: .-Pril 20, 1982
CASE NUMBER: Z-3 6:82:1
NAME: Nick Sekich, Jr. et al
REQUEST: Change of Zone from "A" (Agricultural) to "C-3" (Commercial
LEGAL DESCRIPTION: part of the SW1, Section 23, T3N, R68W of the 6th P.M.
LOCATION: 2.5 miles southeast of Mead, 1/4 mile east of I-25 on State Highway 66
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
Denied FOR THE FOLLOWING REASONS:
This request is not consistent with required findings of Section 21.5.1 of the
Weld County Zoning Ordinance. Specifically, (1) Section 21.5.1.1 for which the
proposal must be shown to be consistent with the Comprehensive Plan or that the
original zoning is faulty or that changing conditions in the area warrent the
change. The following policies, found on pages 61 and 62, of the Weld County
Comprehensive Plan address commercial developments. 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 reasonable be located in an urban area"; and "Commercial
development designed to serve the agricultural base of the County should be
located wherever practical within a municipality; however, whenever distance
from a municipality makes this an impractical or unprofitable establishment
of such commercial service, facilities within easy access to each agricultural
area will be encouraged."
The applicant has relied primarily on changing conditions to establish support
for the rezoning request. No issues have been presented to deal with either of
the Plan's policy statements above. It is important to note that the County
Zoning Ordinance provides a Use by Special Review procedure for those commercial
developments serving the Agricultural base (Section 31.4) thus negating the need
to rezone while creating a compatible land use alternative. Therefore, if the
need to establish commercial zoning would be for the purpose of facilitating
agricultural businesses, rezoning would not be the most appropriate mechanism.
No evidence has been provided by the applicant to demonstrate that the site will
house commercial uses that cannot be accomodated in an urban area. It is the
staff's opinion that any such requests for special accommodation in the rural
areas must be accompanied by documentation to support the unique condition or
need.
The faulty zoning argument is not put forward by the applicant, however, the
staff would state that no faulty zoning exists. The area has been zoned to the
Agricultural District since Weld County initiated its zoning efforts. The area
has been historically utilized in agricultural pursuits (Soil Conservation
Service considers the soils as "prime") , the location is rural with predominate
neighborhood characteristics of farming and livestock feeding.
The Department of Planning Services staff does not find that there are changing
conditions in the area to justify rezoning the property. The past history of
this site and adjoining properties similarly zoned includes four (4) change of
zones and one Special Use. The fourth change of zone was withdrawn and resubmitted
as a Special Use because the regulations had been changed to permit the agri-
business uses by Special Use Permit.
The three (3) change of zones were granted under specific unit development
guidelines intended to permit the agri-businesses, but restrict or control
nonagri-business commercial uses (this action deemed consistent with Comprehensive
Plan policies) . In February of 1980, an amendment to the Zoning Ordinance
permitted the agri-business uses to be allowed by Special Use Permit in the
Agricultural District to improve the control of these uses and lessen the possibility
of nonagri-business uses being placed on the sites intended for agri-businesses.
It is the Deparment of Planning Services staff opinion that the existing development,
which was allowed because of its agricultural relationship, is consistent with
the County's Plan and therefore not a changing condition. Further, the Essex
Crane Company is the only development in the area which was not permitted because
of its relationship with agriculture. The Department of Planning Services staff
would argue that this one business is not a sufficient change to conditions to
warrent a rezoning. The applicants (when the Essex application was made) strongly
suggested that the crane company was a type of business that was not suited for
Z-369:82:11
Nick Sekich, Jr. et. al.
Change of Zone from "A" (Agricultural) to "C-3" (Commercial
Part of the SW1, Section 23, T3N, R68W
Page 2
urban location. This agrument provides support that the Essex operation is
consistent with the Plan and therefore is not a changing condition; and (2) the
uses, if permitted, would not be compatible with surrounding land use as required
in Section 21.5.1.2. The intent of the agricultural district is to protect
agriculture from adverse impacts resulting from uncontrolled and undirected
urban uses. The district is established to promote agriculture as an essential
feature of the County and provide areas for the conduct of agricultural and
related activities without interference from other incompatible uses. The
encroachment of commercial or other urban uses poses an interuption to ongoing
agricultural activities and as such is incompatible.
As stated above the use proposed would not be justified as a result of original
faulty zoning, changing conditions, or compliance with the Comprehensive Plan.
The Department of Planning Services staff further finds that to allow the Change
of Zone would be generating spot zoning and as an inconsistency with the Plan
would generate changing conditions for future requests in this neighborhood.
Referral responses address concerns which affect two additional considerations:
(1) Section 21.5.1.3 regarding water service and (2) Section 21.5.1.4 regarding
street or highway facilities.
Section 21.5.1.3 requires adequate water and sewer be available to serve the
uses permitted. The water district says that it is available if the developer
pays---the fire district indicates improvements will be required to satisfy fire
district standards. These improvements would include adequate sized mains and
hydrants or an on site water supply.
Section 21.5.1.4 requires street or highway facilities adequate in size to meet
the requirements of the zone district. The State Highway Department suggests
that the traffic volumes generated would normally require accel-decel lanes.
This matter should be acknowledged by the applicant and would be required as
part of the performance requirements if the application were granted.
The subject 17.2 acre tract will have frontage on Weld County Road 91. The
County Engineer has expressed a concern for the need to upgrade Weld County Road
91. The applicant can express a willingness to upgrade a road or wait to secure
the rezoning until a later time in accordance with Section 21.5.1.4 of the
Zoning Ordinance. Therefore, the applicant should show intent to make necessary
highway improvements to Weld County Road 91/2 and Colorado State Highway 66,
before any development (building permit, subdivision or use) necessitating any
new driveways is permitted, or be unable to obtain the rezoning at this time.
ADDITIONAL COMMENTS:
The applicant has suggested that the parcel configuration of the Essex property
is one of the reasons they are asking for the rezoning. The Department of Planning
Services staff would suggest that the Essex parcel could be redefined by a squaring
of the parcel. This would require a rezoning effort (two cases) to delete the
westerly part of the Commercial Zoning in trade for the same size ground to their
north. This would also involve amending the existing Recorded Exemption.
TEH:rjg
REFERRAL LIST
APPLICANT: Nick Sekich Jr. CASE NUMBER: Z_269•R2 .11
SENT REFERRALS OUT: March 17. 1982 REFERRALS TO BE RECEIVED BY April 2, 1922
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County Attorney (plat only) 7 Soil Conservation Service
X 9595 Nelson
7 Weld County Health Department Box D
X Longmont, CO 80501
Engineering Department
X X
`— County Extension Agent P.C. Member: Fred Otis
1612 37th Avenue
_
Colorado Geological Survey Greeley, CO 80631
X X 1313 Sherman Street
Room 703
Denver, Colorado 80203 Debra J. McDaniel
Town of Mead
Colorado Water ConservationI
P.O. Box 217
Board Mead, C080542
Centennial Building
1313 Sherman Street
Denver, Colorado 80203 Longmont Fire District
Don Marvin
State Engineer 9119 County Line Road
Division of Water Resources Longmont, CO ' 80501
1313 Sherman St. , Room 818
Denver, Colorado 80203
-71State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
a
Longmont Soil Conservation District
9595 Nelson Road, Box D - Longmont, Colorado 80501
March 29, 1982
Weld County Department of Planning Services
915 10th Street
Greeley, CO 80631
Re: Sekich Zone Change - Case #369:82:11
Dear Sirs:
In regard to this application, the board should note that the
soils involved (Weld loam, 1 to 3% slopes and Weld Colby Complex,
1 to 3% slopes) are considered "prime" farmland.
Should this application be approved, a definite plan for erosion
control and vegetation of the site should be included in any
development.
If our staff can be of any assistance in this, please let us know.
Sincerely,
clettialoci
Orville Sadar
President
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
(
LONGMONT FIRE PNOTECTION DISTRICT
9119 COUNTY LINE ROAD
LONGMONT, COLORADO 80501
772- 0710
March 23, 1982
Longmont, Colorado.
Rod Allison, Planner
Dept. of Planning Services
915 10th Street
Greeley Colorado, 80631
Subject Case Number Z-369:82: 11 Sekich Rezoning,Pt of SW4,S23,T3N,R68W, Weld County Colo.
We believe the change to Commercial Zoning is a proper and fair use for this property,
and have no direct objections to the zoning change.
We do question the water availability for fire protection of commercial buildings in
this area. The existing system flows an amount to small to measure fran the existing small
fire hydrant.
If the developer will install an adequate sized water main and fire hydrants for a
commercial development, or an approved on—site water supply for fire protection, we
wil ave no objection to the change in zoning.
Don Marvin, Fir Chief
LFPD
r--1 rz\F-15-N24/_ V
‘Tio‘til_c-J\ i v\
A r 1SI2
%,‘,4g Cemm scion
STATE OF COLORADO
DIVISION OF HIGHWAYS
P.O. Box 850 ` rn n
Greeley, Colorado 80632-0850
(303) 353-1232 +.\F `oa.•r
March 25, 1982 '
Weld County
SH 66
Sekich Zone Ch
& Sketch Plan
Mi . E. of I-
Mr. Rod Allison on N. Side of
Department of Planning Services DOH FILE 45100
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Allison:
We have reviewed the Sekich Zone Change and Sketch Plan, and we have the follow-
ing comments.
1 . Projected traffic on State Highway 66 indicates the need for a 150-foot
right of way, 75 feet each side of the centerline. Since the existing
right of way is only 40 feet north of the centerline, an additional 35
feet should be reserved or, preferably, dedicated to achieve the 75-foot
width.
2. Access to this property was reviewed in relation to a previous zone change
request. A copy of our review letter is enclosed. At that time, we had
agreed to the relocation of the existing access to the west end of the
property. This would have allowed for a future joint access with the
property to the west. It is apparent from this Sketch Plan that the 60-
foot right of way at the west end of the site is intended to provide
access to this property and the one to the west.
The State Highway Access Code has taken effect since we reviewed the prior
zone change request. Based upon the design standards which apply to this
portion of S.H. 66, private direct access to the State highway is permitted
only when the property has no other reasonable access, or if denial of
direct access would be detrimental to the general street system. County
Road 9$ alone could provide reasonable access to this property if an
adequate internal traffic circulation plan were devised.
However, we can see justification for allowing a shared access at the
west end of this property if two conditions are met. First, any existing
or future access to the adjacent property must utilize the new "street. "
Second, the existing driveways to Lots 2 and 4 must be eliminated. These
conditions should be noted on the final subdivision plat.
3. Construction of this new access approach will require a Permit for Access.
Application for this permit must be made through the District IV Greeley
I
MR. ROD ALLISON Weld County
March 25, 1982 SH 66
Page Two Sekich Zone Change
& Sketch Plan
DOH FILE 45100
Maintenance Office. As a part of the application, we require an estimate
of the average daily traffic which will be generated by the development.
It is likely that this 37-acre commercial site will generate sufficient
traffic to warrant the installation of a median left-turn and/or right-turn
deceleration lane(s) on S.H. 66. The developer would be responsible for
the design and construction of the lane(s) .
4. The topographic contours on the Vicinity Map indicate that surface runoff
flows toward S.H. 66. On-site measures should be taken to ensure that
the historical runoff rate is not exceeded once this site is developed
so that there will be no adverse impact on the highway drainage system.
Thank you for the opportunity to review this zone change and sketch plan.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
/ -ii-/ir,J
Doi glas Rames
District Preconstruction Engineer
DDR:da
Enclosure
cc: D. M. Bower
D. N. Fraser (2)
File: Crier-Jacobson
w/encl .
C°*Otd pool Conics
CASE SU""1ARY SHEET
Case Number : 00Z-369:82 : 11 P. C. Hearing Date : April 20, 1982
Applicant : Nick & Fred Sekich Property Owner : Nick & Fred Sekich
Size of Parcel : 17.20 + acres Staff Member to Contact :
Rod Allison
Legal Description : pt. SW4 of Section 23, T3N, R68W
Location: 2 miles south and 11 miles east of Mead
Existing Zoning: Agriculture
Request : Change of Zone from, Agriculture to Commercial (3)
Possible Issues Summarized from Application Materials :-
The Department of Planning Services sees the following possible conflicts:
1. Further contribution to "spot zoning" in an agriculture zone district; and, 2. The
proposed does not conform to the concentric growth theory of commercial areas around
towns as identified in the Weld County Comprehensive Plan.
REZONING APPLICATION Case
Ci
Case # : z -1le2ifi
Dept. of Planning Services App . Chid By : o Date Recd : 3--/O -8
915 10th Street App . Fee : 1t55 oo Receipt # : /2/ 4E
Greeley, Colorado 80631 Record. Fee : ca, Receipt # : yo
Phone: 356-4000, Ext . 400
A 'r`=1 ;1
TO BE COMPLETED BY APPLICANT. Please print or type , except for necessary
signature.
(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 :
A parcel of land located in the SW1 of Section 23, Township 3 North, Range 68 West of
the 6th P.M. , Weld County, Colorado being more particularly described as follows:
Considering the North-South centerline of said Section 23 as bearing North 0°46'27"
West and with all bearings contained herein relative thereto. Commencing at the
South Quarter corner of said Section 23; thence along the North-South centerline
of said Section 23, North 0°46'27" West, 714.44 feet to the true point of beginning;
thence continuing along said centerline, North 0°46' 27" West, 599.04 feet; thence
South 89°42' 56" West, 1244.91 feet; thence South 0°16'59" West, 599.35 feet; thence
North 89°42' 07" East, 1255.97 feet to the true point of beginning.
(If additional space is required, attach an additional sheet)
Property Address (if available) :
PRESENT ZONE Agriculture PR —'LONE C-3 TOTAL ACREAGE 17 .20
OVERLAY ZONES
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING :
Name: Nick Sekich, Jr. Home Telephone # : 535-4390
Address :1-25 and Colo. Highway 66 Bus . Telephone # : 956-5n65
Longmont, Colorado 80501
Name : Fred M. Sekich Home Telephone #: 535_42Q0
Address :1-25 and Colo. Highway 66 Bus . Telephone # : 3sr-x065
Longmont Colorado 80501
Name : Home Telephone 4 :
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 : Union Pacific Railroad Company
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 ) i�
Aruc
Signature : Owner or Aut orize gent
Subscribed and sworn to before me this day of , 19_
SEAL
NOTARY PUBLIC
My commission expires :
DINNER AND HELLERICH
ATTORNEYS AND COUNSELORS AT LAW
MELVIN DINNER 030 OREELEY NATIONAL PLAZA
THOMAS E HELLERICH OREELEY.COLORADO 80031
13031 352-2081
MICHAEL A LAZAR
CHARLES J.CONNELL
March 4, 1982
Weld County Planning Commission
Weld County Board of County Commissioners
Re: Sekich Zone Change
Part of the SW/ of Section 23,
Township 3 North, Range 68 West
of the 6th P.M. , Weld County,
Colorado
Dear Members of the Planning Commission
and Board of County Commissioners:
The applicants, Nick Sekich, Jr. and Fred Sekich, have submitted an
application for rezoning of a portion of their property which lies in
the SW1 of Section 23, Township 3 North, Range 68 West. The parcel of
ground they are requesting to be rezoned abuts property that is
presently zoned commercial C-3 district and is owned by Essex Crane
Company.
Presently there is substantial commercial zoning and development in this
area. The existing zoning on property lying to the south and to the
west of this property is presently zoned commercial C-3 district and is
also owned by the applicants and Essex Crane Company.
This requested change for zoning is consistent with the new Weld County
Zoning Ordinances adopted in 1981 which allow uses consistent with the
existing zoning and the needs of the community. The applicants entered
into a contract with Essex Crane Company and have sold to Essex Crane
Company a portion of the commercially zoned property totaling approxi-
mately 9.2 acres. This parcel of ground is rectangular in nature, and
Essex Crane Company has determined that it is more economically feasible
to have a parcel of ground that is square in nature to build their
business operations on. In order to meet this need of Essex Crane
Company, the applicants have entered into a contract to sell a portion
of the property contained in this request for rezoning to Essex Crane
Company to enable Essex Crane Company to then be the owners of a square
parcel of ground upon which to build their facilities and conduct their
business.
Other existing structures and uses within the presently commercially
zoned property are Front Range Truck Sales and American Fertilizer and
Chemical Company and storage of equipment, etc. relating to these
businesses. Further, located across Highway 66 on the comercially zoned
Weld County Planning Commission
Weld County Board of County Commissioners
March 4, 1982
Page 2
property is Sekich Equipment Company, a farm equipment company and cafe.
The applicants have been conducting business in Weld County for a
substantial period of time now and are familiar with the development and
changing needs of the surrounding area in this portion of Weld County.
The applicants are requesting a change in zoning to meet these changing
needs of the community and to meet the needs of Essex Crane Company. As
a result of the growing changes and development in the community and the
need to supply a variety of different types of machinery, equipment,
etc. , the applicants find it necessary to request this change in zoning.
The change in zoning is consistent with the existing zoning and the
comprehensive plan of Weld County.
Adequate water service is available and has been developed on all
presently commercially zoned property. Sewer service can be supplied by
septic tank and leech field and has previously been approved on all the
commercial ground in the area. The road and highway facilities
providing access to the property are adequate in size to meet the
requirements of this property when rezoned. Highway 66 services the
site, and there is an existing interchange with Interstate 1-25 within
one-half mile of the development. Further, there are adequate county
road facilities available for access. To the knowledge of the
applicants there are no additional requirements to upgrade the road and
state highway facilities. The applicants have at their own expense
constructed the required road accesses needed to connect the sites with
State Highway No. 66.
Further, the applicants state that the existing zoning and the proposed
change is not located within either a flood or geological hazard area as
identified by maps adopted by Weld County and is not within a known
commercial mineral deposit as defined by Colorado statutes. As
indicated in the site map, the soil conditions on the site do not
present limitations to the construction of structures or facilities
proposed and allowable through the commercial zoning on the site.
Respectfully submitted,
THOMAS E. HELLERICH
Attorney at Law
TEH/ss
l `.
REFERRAL LIST
APPLICANT: Nick Sekich Jr. CASE NUMBER: 7_369'82'11
SENT REFERRALS OUT: March 17. 1982 REFERRALS TO BE RECEIVED BY April 7 , 1997
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1612 37th Avenue
Colorado Geological Survey Greeley, CO 80631
X 1313 Sherman Street
Room 703
Denver, Colorado 80203 Debra J. McDaniel
Town of Mead
Colorado Water Conservation( P.O. Box 217
Board Mead, C080542
Centennial Building
1313 Sherman Street
Denver, Colorado 80203 Longmont Fire District
Don Marvin
State Engineer 9119 County Line Road
Division of Water Resources Longmont, CO " 80501
1313 Sherman St. , Room 818
Denver, Colorado 80203
71State Highway Department
1420 2nd Street
Greeley, Colorado 80631
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Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
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I.AY 111
SEKICH ZONE CHANGE Z-
AGRICULTURAL District to COMMERCIAL District
N 1 /4
C0R.
R.
S 89°42'56" W 1244. 91'
N
01
01
In G_
O -
M
AREA - 17. 20 ACRES O
N Ol
M06/
F
N Q
(0 O 0
¢ V
° r o
O I- O
Z
O z
1 0
C
N 89° 42' 07"E �:?' 1255. 97 '
M _
N I;
W P
E N
bI ~
SI /4
C0R.
SCALE-C: 200' DATE: February 18, 1982
LEGEND
0- PIN SET
•- PIN FOUND _ 0
LEGAL DESCRIPTION �����!AD5
/4O y
A parcel of land located in the Southwest Quarter of Section 23, Township 3 North, Ranee 68
West of the 6th P.M., Weld County, Colorado being more particularly described as follows:
Considering the North-South centerline of said Section 23 as bearing North 0646' 27"
West and with all bearings contained herein relative thereto.
Commencing at the South Quarter corner of said Section 23; thence along the North-South dente'
line of said Section 23, North 0 ° 46' 27" West, 714.44 feet to the true point of beginning;
thence continuing along said centerline,North 0° 46' 27" West, 599.04 feet; thence South 89 °
42' 56" West, 1244.91 feet; thence South 0' 16' 59" West, 599.35 feet; thence North 89° 42'
07" East, 1255.97 feet to the true point of beginning.
The above described parcel contains 17.20 Acres -.more or less .
Subject to a county road right-of-way thirty feet of even width along the entire East side
of the above described parcel
The above described parcel is subject to any rights of way or other easements as recorded
by Instruments of Record or as now existing._
F-.
4('
Vv
SURVEYOR'S CERTIFICATE
I Hereby certify that this plat was[[prepered under My supervision and that the same is correct
to the best of my knowledge aad belief. '•
COLORADO RLS NO. 11682
PROPERTY OWNERS APPROVAL x,
We, Nick Sekich, Jr. and Fred Sekich, being the sole owners in fee of the above described
property, do hereby request the zoning as shown on thq attached map.
ii
1 f
� i� � /
pY�C �, � l: l � :[( Sheet 1 of 2
The foregoing certificatt,__ vis acknowledged before .ie th...
A.D., 1982, Witness my hand and seal.
My commission expires
NOTARY PUP.LIC
PLANNING COMMISSION CERTIFICATION
This is to certify that the Weld County Planning Commission has hereby recommend to the
Boari. of Commissioners, Weld County, Colorado for their confinaation, appro'al, and •
adoption of this Zone Change as shown and described this 2: (7 day r '92
? •
.AIRMAN, Plann n_ 1/4"ormission
BOARD OF COUNT' Cot1ISSTONERS CERTIFICATION.
This is to certify that. the Board of County Commissioners, Weld County, Colorado o }lereby
confirm, approve and adopt this Zone. Change as shown and described hereon this /
day of - 1982.
ATTEST: r
T
County erk Ch . an, Board of Co. o missioners
i siar u ( RECORDED:
\ puty
DATE:
SHEET 2 of 2
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