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HomeMy WebLinkAbout820040.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM A-AGRICULTURAL TO C-1 COMMERCIAL FOR JACK W. ZIMBELMAN, 4999 STATE HIGHWAY 79, KEENESBURG, COLORADO 80643 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 affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 15th day of December, 1982, at 2: 00 o' clock p.m. for the purpose of hearing the application of Jack W. Zimbelman, 4999 State Highway 79, Keensburg, Colorado 80643 requesting a Change of Zone from A-Agricultural Zone District to C-1 Commercial Zone District for the following described parcel of land, to-wit: All that part of the Northeast Quarter of the Northeast Quarter of Section Ten, Town- ship One North, Range Sixty-three West of the Sixth P.M. , Weld County, Colorado; being more particularly described as follows: Beginning at a point 30 feet South and 55 feet West of the Northeast Corner of Section 10, Township 1 North of Range 63; thence West 53 3/4 feet; thence South 208 feet; thence East 53 3/4 feet; thence North 208 feet to point of beginning. Excepting the South 35 feet thereof. 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 testimonty 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 satisfied the submission requirements set forth in Section 21. 7 of the Weld County Zoning Ordinance. 2. The requested zone change is in compliance with Section 21. 5 of the Weld County Zoning Ordinance as follows : a) The proposal is consistent with the Weld County Com- prehensive Plan. Policy Two of the "Commercial De- velopment Guide" for Weld County states that "commer- cial development designed to serve the agricultural base of the County should be located whereever prac- tical within a municipality; however, whenever dis- tance from a municipality makes this an impractical or unprofitable establishment of such commercial service, facilities within easy access to each agri- cultural area will be encouraged. " The community 820040 Ptoalg Page 2 RE: COZ, A TO C-1, ZIMBELMAN of Prospect Valley is over seven (7) miles from the nearest incorporated community, Keenesburg. The uses allowed in a C-1 District would benefit this rural, agriculturally oriented community. b) The proposed C-1 designation is intended to provide areas for convenience goods and services primarily for the residents of a specific neighborhood. The subject C-1 area is intended to serve the Prospect Valley neighborhood. Prospect Valley includes a small cluster of single family dwellings, a grocery store, gas station and a few service oriented busi- nesses. c) A well is available to provide adequate water services to the proposed site. d) A septic is available to provide adequate sewer ser- vice to the proposed site. Conditions regarding the septic are provided below. e) Street facilities serving the property are State Highways 52 and 79. Conditions in regard to right- of-way are provided below. f) There are no known overlay districts , commercial mineral deposits, or soil conditions which affect the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of Jack W. Zimbelman for a Change of Zone from A-Agricultural Zone Dis- trict to C-1 Commercial Zone District on the above referenced tract of land be, and hereby is, granted subject to the following conditions : 1. A two thousand (2, 000) gallon capacity septic tank and Twelve hundred (1, 200) square foot leach field shall be installed prior to conducting commercial activity on the site. 2. The State Highway Departmen does not object to the con- tinued use of the rights-of-way for parking as long as the present use is maintained. The State Highway Depart- ment shall review any significant change in use which would affect the State Highways adjacent to this property. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A.D. , 1982. Page 3 RE: COZ , A TO C-1, ZIMBELMAN BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO J,n T. Martin, Chairman Chuck Carlson, o-Tem /r Norman Carlson c iii/ . . Ki y 4.1'?712,a .i ATTEST: 161,4 (7✓wa1 (?VPlLGAZLYI J e K. Stei mark 0 Weld County Clerk and Recorder and Clerk to the Board Am D puty County Cl rk APPROVED AS TO FORM: C_ County Attorney DATE PRESENTED: December 20, 1982 ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS : 40__Jt}__A ,40 w ..2_ _ 1 L__ PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME A DRESS HEARING ATTENDING r - :7C . ) y7 - 2- 7 4L ?2- 73G `4 ,/ ° /? I .-r/_ �e.�,c,.F...� (��r{o,'?_ "7 y 1_2 9- 7 34 rr7,r . �t�! i�J ._Z (/o / 7 ,4 £fr ._5 ,* 7a,77,o,�,l, ..4 t? T'// -Y'.? 73 I- il /171,35- /) /L: /(o z- >L- x. 344 „ ��� .2a c..„ j2% Ca *1 zee X r -.2/ .. ut11 u !" ,¢'Ll 53-SL -49, Clues " N / i '2 i ' I ' / c n' A. int ' / 11712C? --L.,/ c\J // ��/ IJ!!i:�_, ��'////J%4/ �i �J�L' Lt.i- A 4.. ..� ,'� Je : n ` o CJ / . — � , d !�' -,111-te k, /for /.hzi & ,o ee Re i ivyJ/ e'i-f7 /z/ Y5%4 i1,c' fed L?77 ,c-c--'2rr. CG a..�7 V 7 i a/709.cr Z,. /2/a a4, kot 2/, /o, RA-2_1144 1,7y L s-�, L. 84 l- t°2 /-h 19'% �4)' '� 3 7y s= 7--- a it 7/ff9/PAw/t, 20_.,24/ firiga- p.Gk'11. 1 g., :7 :1- F-22 7 3L CfF4 IT 7/ ;%:VJ ,U4 5320- 247 ''' /i ld s;,7-5y I g�-='(.3 L GarA/d 2 DA kin oond ti r 'j if c i/ z, yt„/✓y.- cs-:Z 6e. :ve..s 1, r') — 5- Z /.3 / _. et.. 9/L- , s-„i na- GL afis L �� + / ! ( ,g,-.2-7.3 z- , a , 1 .6.I ,✓ ,,-c<:,,. /c" yozi C -fit' /G ;«,4 f<7 c'.. 7y i c 2 73 z ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS/ HEARING ATTENDING CO Cr-ker fic2 SkCGs2- /dr )C--067 1- l4 A jet,31..) 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Sox ZZq Zod Aez CO (90;04, r rI,PoA) /X;/,Jr, 6 s/524.712_ , A public hearing was conducted on December 15 , 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, Lcc Morrison PLANNING DEPARTMENT REPRESENTATIVE, The following business was transacted: I hereby certify that pursuant to a notice dated October 27, 1982, duly published on November 11, 1982 and December 2, 1982, in the TaSalle Leader a public hearing was held on the request of Kathy Marie Zimbelman for a retail liquor store license for consumption off the premises only. Kathy Zimbelman stated that she is really interested in selling package 6% beer and sane table wine. She really does not intend to have a large inventory of liquors. She stated that she will close at 10:00 P. M. in order to be in compliance with the zoning. She stated that she and her husband do have four little girls and they own the two hares across the street flue this facility. She added that currently they live on a farm in the area but if they would need to relocate they would move into one of these hares and she would hot mind raising her children across the street from this facility. She intends to run it property and within all the liquor laws of the state of Colorado. She presented petitions in favor of the request. She stated that this facility is currently part of the restaurant, however, it will be petitioned off and the only entrance exit will be to the out- side. Elizabeth Eisenbarth; an adjacent landowner, stated that she has lived in this area for thrity-six years and she opposes the request. He does not believe liquor licenses should be granted and, further, there is no police pruLection in the area. Ms. Zimbelman stated that she does have experience selling liquor and she will run a good operation and if needed will hire reputable people to assist. After discussion, Commissioner C. Carlson made a motion to deny the request because he does not feel that the need for a retail liquor store has been established. Commissioner Steinmark seconded the motion. Commissioner N. Carlson stated that he thinks this license should be approved and if the need is not in the area the business will fold up any. The motion carried by the following vote: Cannissioner's Steiimiark, C. Carlson, and the Chairman voted yea. Co rdssioner's N. Carlson and Kirby voted nay. The motion carried to deny this request. '-f-rC-_, 7. )4atreti C IRMAN \.71/1 (1 ' "1- ' BOARD OF COUNTY COMMISSIONERS ATTEST: / iLLuift !La 11 Pt" i t-jlm/ WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD / BY: - c,?c eG ; -1/4-__4 - - ---e•--,4___-- Deputy County Clerk DOCKET# 82-74L TAPE# 82-98 & 99 LHR 614 A public hearing was conducted on Decanter 15 , 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 Soars ASSISTANT COUNTY ATTORNEY, Lee Morrison PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated October 27, 1982, duly published November 4, 1982 and December 2, 1982 in the La leader, a public hearing was held on the request of Jack W. Zimbelman for a Change of Zone, ficun A (Agricultural Zone District) to C-1 (Commercial Zone District) . The Planning Cormission favorable recommendation was conditional upon the following: 1. A two thousand gallon capacity septic tank and twelve hundred square foot leach field shall be installed prior to conducting commercial activity on the site. 2. The State Highway Department does not object to the continued use of the rights-of-way for rking as long as the present use is maintained. The State Highway Department shall review any significant change in use which would affect the State Highways adjacent to this property. • Under the C-1 (Commercial Zone District) the business must close at 10:00 P. M. Mr. Zimbelman stated that he was in agreement with the closing at 10:00 P. M. Daniel Trupp, a neighbor, asked if, at a later data the C-1 District could be changed to a C-2 District. The Board said yes, however, the new change of zone would be judged on it's own merits. After discussion, Commissioner C. Carlson made a motion to approve this request with conditions. Commissioner N. Carlson seconded the motion and it rarried unanimously. 1iia2z;4t, CHAIRMAN r . BOARD OF COUNTY COMMISSIONERS ATTEST: ��i(.4(!in""..t .' m WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Deputy County Clerk DOCKET# 82-72 TAPE# 82-98 LHR 614 A public hearing was conducted on December 15 , 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, Lee Morrison PLANNING DEPARTMENT REPRESENTATIVE, The following business was transacted: I hereby certify that pursuant to a notice dated October 27, 1982, duly published November 11, 1982 and December 2, 1982, in the TaSalle Leader, a public hearing was held on the request of Jack Zimbelman for a tavern license. Legal counsel determined that a tavern license could not be issued in a C-1 (Commercial Zone District) . Ca[nissioner Steinmark made a motion to recess to allay the Assistant County Attorney an opportunity to check into this matter. Commissioner Kirby -seconded the motion and it carried unanimously. The Chairman reconvened the meeting. Mr. Anson asked Mr. Zimbelman if he would object if the Board considered a hotel-restaurant license rather than a tavern license. Mr. Zimbelman agreed that this application for a tavern license could be changed to read hotel-restaurant license. Mr. Zimbelman stated that his plans for the facility is to run a good restaurant and be able to serve cocktails with meals. The her in the facility takes up approximately 1/8 of the space in the facility. Mr. Zimbelman stated that he is familar with the liquor laws for the state of Colorado. Leona Trupp questioned if 3.2% beer will be sold in the restaurant. Mr. Zimbelman said yes but it will not be served to anyone under the age of 21 years old. Florence Zimbelman stated that she does support the liquor license application. Donald Altergott was present and also supported this request. Dan Trupp commented on an incident that has just happened since the restaurant has opened. He stated that semi-trucks have been parking along the road and vehicles and not stopping for the stop signs. Mr. Zunbelman stated that he can not be responsible for where people park their vehicles. After additional discussion, Commissioner Kirby made a motion to approve a hotel-restaurant license for the Prospect Pub. Commissioner N. Carlson seconded the motion because a need has been established in the area for this type facility and the next hotel- restaurant license is several miles away. Commissioner N. marlson seconded the motion. Commissioner Steinmark stated that she feels that a hotel-restaurant license is the proper type license for this facility and the zoning allows the facility to be open until 10:00 P. M. The motion carried unanimously. -, !! CI AI RMAN /) BOARD OF COUNTY COMMISSIONERS ATTEST: ZUbtaj_ai WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD 2 BYS tir'Dct4 c-2--/y Deputy County Clerk DOCKET# 82-73L TAPE# 82-98 & 99 LHR 614 BEFORE TH, .ELD COUNTY, COLORADO PLANNING , f1ISSI 4) (1, p - RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY SS ONERS Date November 16, 1982 382:¢2:24 Case No. Z# n -- 4 APPLICATION OF Jack W. Zimbelman �' ADDRESS 8510 Weld County Road 69, Keenesburg, Colorado 80643 ca< Moved by Fred Otis that the following resolution be intro ed 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-1 ( Commercial District) covering the following described property in Weld County, Colorado, to-wit: Part NE14, Section 10, Township 1 North, Range 63 West of the 6th P.M. , Weld County, Colorado be recommend (favorably) (dlifdddr4Mj) to the Board of County Commissioners for the following reasons: 1. The applicant has satisfied the submission requirements set forth in Section 21. 7 of the Weld County Zoning Ordinance. 2. The requested zone change is in compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. Policy Two of the "Commercial Development Guide" for Weld County states that "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 community of Prospect Valley is over Motion seconded by: Jack Holman Vote: For Passage Jerry Kiefer Pant}CRUgglig ABSTAIN Norm Peterson Bob Ehrlich Bob Halleran Ed Reichert Jack Holman Bill Diehl Fred Otis The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY 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 November 16, 1982 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 18th day of November , 1982 +any Secretary 804-80-050 Z 382:82:24 Jack W. Zimbelman Change of Zone from "A" (Agricultural District) to C-1 (Commercial District) Part NE1 , Section 10, Township 1 North, Range 63 West of 6th P.M. , Weld County, Colorado November 16, 1982 Page 2 seven (7) miles from the nearest incorporated community, Keenesburg. The uses allowed in a C-1 District would benefit this rural, agriculturally oriented community. - The proposed C-1 designation is intended to provide areas for convenience goods and services primarily for the residents of a specific neighborhood. The subject C-1 area is intended to serve the Prospect Valley neighborhood. Prospect Valley includes a small cluster of single family dwellings, a grocery store, gas station and a few service oriented businesses. - A well is available to provide adequate water services to the proposed site. - A septic is available to provide adequate sewer service to the proposed site. Conditions regarding the septic are provided below. - Street facilities serving the property are State Highways 52 and 79. Conditions in regard to right-of-way are provided below. - There are no known overlay districts, commercial mineral deposits, or soil conditions which affect the site. The Weld County Planning Commission's recommendation is conditioned upon the following: 1. A two thousand (2,000) gallon capacity septic tank and twelve hundred (1,200) square foot leach field shall be installed prior to conducting commercial activity on the site. 2. The State Highway Department does not object to the continued use of the rights-of-way for parking as long as the present use is maintained. The State Highway Department shall review any significant change in use which would affect the State Highways adjacent to this property. Date: :./16/82 CASE NUMBER: Z-382:82:24 NAME: Jack W. Zimbelman REQUEST: Change of Zone,from "A" to "C-1" LEGAL DESCRIPTION: Pt. NE1, NEB, Section 10, TIN, R63W of 6th P.M. . Weld County, Colorado LOCATION: Prospect Valley; the south corner of the intersection of State Highways 52 & 79 THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The applicant has satisfied the submission requirements set forth in Section 21. 7 of the Weld County Zoning Ordinance. 2. The requested zone change is in compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. Policy Two of the "Commercial Development Guide" for Weld County states that "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 community of Prospect Valley is over seven (7) miles from the nearest incorporated community, Keenesburg. The uses allowed in a C-1 District would benefit this rural, agriculturally oriented community. - The proposed C-1 designation is intended to provide areas for convenience goods and services primarily for the residents of a specific neighborhood. The subject C-1 area is intended to serve the Prospect Valley neighborhood. Prospect Valley , includes a small cluster of single family dwellings, a grocery store, gas station and a few service oriented businesses. - A well is available to provide adequate water services to the proposed site. - A septic is available to provide adequate sewer service to the proposed site. Conditions regarding the septic are provided below. Street facilities serving the property are State Highways 52 and 79. Conditions in regard to right-of-way are provided below. - There are no known overlay districts, commercial mineral deposits, or soil conditions which affect the site. The Department of Planning Services staff recommendation is conditioned upon the following: 1. A two thousand (2,000) gallon capacity septic tank and twelve hundred (1,200) square foot leach field shall be installed prior to conducting commercial activity on the site. 2. The State Highway Department does not object to the continued use of the rights-of-way for parking as long as the present use is maintained. The State Highway Department shall review any significant change in use which would affect the State Highways adjacent to this property. RA:dg on? 0, n, r CASE SUMMARY SHEET Case Number: Z-382:82:24 Size of Parcel: 1/3 acre, more or less • Request: A Change of Zone from "A" (Agriculture) to "C-1" (Commercial) Staff Member to Contact : Rod Allison Possible Issues Summarized from Application Materials: Concerns about this proposal ultimately becoming a bar with late, noisy hours is an issue to some neighbors. However, bars, lounges and taverns need a zone classification of a least "C-2". No one has expressed opposition about a restaurant to this department. The size of the property and its location make parking an issue (see letter from the Division of Highways dated November 3, 1982) . Also quality of the well water and septic sewage system shall be approved by the Weld County Health Department. RA:rg FIELD CHECK FILING NUMBER: Z-382:82:24 DATE OF INSPECTION: June 1982 NAME: Zimbelman REQUEST: A Change of Zone from "A" (Agricultural) to "C-1" (Commercial) LEGAL DESCRIPTION: Part of the NE1, Section 10, T1N, R63W of the 6th P.M. LAND USE: N Residence and gas station E Residence S Residence W Residence and grocery store ZONING: N Agricultural LOCATION: Prospect Valley E Agricultural S Agricultural W__ Agricultural COMMENTS: The building for the proposed restaurant exists on the site. Entrance to the building is from Highway 79. Also, there is an entrance from Highway 52. Some parking for the restaurant exists on Highway 79. Large trees make it difficult to utilize parking on the south side of the building. Surrounding land uses are residential and commercial (grocery store and gas station) . 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A-yr�_. 4 ©11 -'`R 2'.} '' Y' Z.f��µ i 'Y a • �. ��\ �`j qs ,a��7111.11" •,#:'•s'".'", t ay^af L{3'• i h' V�..Y rt �� .-",6.- ar 't(xl \ ,1 • 2•#e 1 r�r✓�" i. ! $-..l^, N •.Z. ..^Ni,`p.. 1 I t{'1 \ e x 1 .+1 1 a + • a `'5C-111416.-‘'/ Tn .✓ n a .i 1_-. - r"' t • S . -'441:1;1.' e.' irri▪ 'i• -0v'�-ic st.. •`jSri r—I. cn.k- - 1a id y'-y 4 r ''"} /� is {:. 3 wy Y j • 1� y I �, I=� + e'• n ayr.„7 'A�`. y." a y _ x* . •kr, • .• . i .-t* ' - 1. r a..&y .-1:71 ,r � � et ate-}: rw :a r •FF'rvFn�. iv: : , ' 3N " ! sc •�,r•M y Ie. . `.try r _ � .tee w ' . - e y .`;5StU , '.�S.. - i isFi. REFERRAL LIST APPLICANT: Jack Zimbelman CASE NUMBER: Z-382:82 :24 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY 11/9/82 m U) z z co o m o z H Z H 0 H N 0 H W H '4H q z H 2 2 H W H r4 a (�zN?7 O z a q It O 0 O P-1 O 00 fk z m z z m a z U) County Attorney (plat only) Wilbur Wafel ----. Weld County Health Department ' X Engineering Department SE Weld Fire District ---- County Extension Agent >4. c/o Ardith A. Cody 6975 Weld County Road 69 Colorado Geological Survey Keenesburg, Colorado 80643 1313 Sherman Street _ Room 703 Phone: 732-4415 Denver, Colorado 80203 -1 Colorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 -1 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 X State Highway Department X 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 1 - • -- / -- 100: : : : HHH } 'HH -- to :• • so >I, n n n n to n !%n as z. n .• u -_- -.-_—_— r n n n n n al n 34 as se is a• tr to 76 ]e • —.—_ • IS N H ]t :a N ]f N/�.a. Y � •/ 1 a] ]f N It Cetll // A n. ou„CY OVRUNGIt • • Ea• • 1 I __}.- i /. q R xa • 1• n • n •, n n • .1 •11 n II • i.a•.�r• • • I• I • 1 • • _ • a ••S�-� �.rL>�_•� ,f •,I`••••) ilil n • 9 n �r'ia cf- a ,• 1 a _ IS ]O EENESBV•G 6 •� f- '1, / I 'l 1 \\ _ -- /T; ✓ •.! 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Box 850 K_' i Greeley, Colorado 80632-0850 (303) "�' (303) 353-1232 November 3, 1982 �✓.o,°r Weld County SH 52 Zimbelman Zone Change D. ;/ ,7fl SW Corner of • V I I SH 52 and 79 1 I (Prospect Valley) Mr. Chuck Cunliffe ,� �{t ; DOH FILE 45100 Department of Planning Services Weld County 1`.).'4 ro. il?nsmtl C mm..ssi o 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the application from Jack W. Zimbelman for a change of zone from agricultural to commercial , and we have the following comments. As noted in the application, we have met with the applicant to discuss the parking and traffic aspects of this zone-change request. We were informed that the need for a change of zone is due to interior remodeling of the exist- ing restaurant-bar, and that approval of the zone change would not result in any immediate change in use of this property. We do have some concern about the manner in which the right of way on State Highways 52 and 79 is used for restaurant parking. The existing angle parking along the north and east sides of the building can result in backing of vehicles onto these highways. However, considering the low speeds and volumes on these highways and the existence of similar parking in Prospect Valley, we will not object to continued use of these rights of way for parking as long as the present use is maintained. We would need to review any sig- nificant change in use which would affect the state highways adjacent to this property. We do ask the County and property owner to consider a parking plan which would minimize adverse traffic impacts. It would be very desirable to prevent parking at the corner of the intersection. This could be done by means of a raised island and/or low-profile landscaping which would not impair sight distance. It would also be helpful to utilize any other space on this property for parking, and possibly provide parallel parking along the highways instead of angle parking. We would need to review and approve any new parking plan for this property. MR. CHUCK CUNLIFFE Weld County November 3, 1982 SH 52 Page Two Zimbelman Zone Change DOH FILE 45100 Thank you for the opportunity to review this application. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER oug as as Rames District Preconstruction Engineer DDR:da cc: D. M. Bower D. N. Fraser (2) File: Crier-Jacobson w/encl . •t7.7 itt It . / 1 l �! 5 ?5 ? V/:!d Co. Planning Commission MAILING LIST Jack W. Zimbelman Z-382:82:24 • Raymond Yeager L. Robert Alberts Highway 79 4917 Highway 79 Keenesburg, CO 80643 Keenesburg, CO 80643 Anna M. Benjamin Hammon's Implement 33965 Highway 52 Highway 52 Keenesburg, CO 80643 Keenesburg, CO 80643 Dale L. Washburn Charles Altergott Highway 52 1226 20th Avenue , Keenesburg, CO 80643 Greeley, CO 80631 Raymond Trupp Charles Lee Altergott 34169 Highway 52 1416 26th St. Keenesburg, CO 80643 Greeley, CO 80631 Eugene Eisenbarth Zoar Congregational Church Box 103 Highway 52 Keenesburg, CO 80643 Keenesburg, CO 80643 Julius Pluss Consumers Oil Company 6560 E. Mansfield Avenue 33824 Highway 52 Denver, CO 80237 Keenesburg, CO 80643 Prospect Pentecostal Church Elizabeth Eisenbarth Highway 52 4967 Highway 29 Keenesburg, CO 80643 Keenesburg, CO 80643 Dennis James Tilley Fern T. Tegtman 33863 Highway 52 4951 Highway 79 Keenesburg, CO 80643 Keenesburg, CO 80643 Donald Vogel Robert Tegtman 34784 Highway 52 4935 Highway 79 Keenesburg, CO 80643 Keenesburg, CO 80643 Mary Norberg Gerald Baumgartner 7493 Bradburn Avenue 34042 Highway 52 Westminster, CO 80030 Keenesburg, CO 80643 Southeast Weld County Fire Donald Altergott Department 4918 Highway 52 4977 Highway 79 Keenesburg, CO 80643 Keenesburg, CO 80643 Daniel Trupp Bertha Baumgartner 34017 Highway 52 33070 Highway 52 Keenesburg, CO 80643 Keenesburg, CO 80643 REZONING APPLICATION Case ]f : Z•302= �Z' L9 Dept. of Planning Services App. Chid By : CAC Date Recd : %Oltort't/ 915 10th Street App . Fee : %55,QQ_ Receipt # : 12,531 v4v, Greeley, Colorado 80631 Record. Fee : 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 : MLL' fi.1nTPAAT or- THe NE. CY oG THE E1'E.C7 e✓F S. �0 ) L^anglll'P Cftg_AORfB (t, 63 U'. c c- iw s Kill 6:nl. 1 UJCIcCc urir , Crdc. e,f flfltnf, }T A 11'1'0 50•c7M lu-niro llf-. caz,r dF Srcnad 1r u, neA 0 ` �o R1 k o E M\G E (� � Iltrne- w F5 I— Y -3/9 <TH(w 5rciff ar rp 111'1,C E EASct, ' wl �I j}1Cncrti Aapa •r`}-C't0 �Ttlin di PEC-t' in E�CFr Sc �r'3CP rµE-A cG (If additional space is required, attach an additional sheet) Property Address (if available) : C1-A4461 .1 g'11\ KE m/3l3 4 (CCL c i[3 PRESENT ZONE f1 tft\L. PROPOSED ZONE W 'l{'- 1 TOTAL ACREAGE irGt32f#. 't OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: ^�S K tv Z IrnhrffWao Home Telephone JJ : l�� 4iGZf Address : 9)c;r O.c alcc\ T'Cfrlrc/h i'6 f In Bus . Telephone #: ty • . Gu3 Name: Home Telephone #: Address : Bus . Telephone #: Name: Home Telephone Id: 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: -&fc Lti l,mncNfign Address : t�to u r rd.&4 K!'rnf-lnro'k4 ,rein Ceis2 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 ) 41 kija_r_ 1 I ig ature : Owner or Authorized Agent Subscribed and sworn to before me this tot day of OcSak r , 19•92,‹ SEAL ONS • NOTARY PUBLIC My commission expires : ' ' n. .n c-;iru 61ay 27, 1985 • l ( ?et- á of I 8. The ere-c)o::ed _-ez(,rin i '. I correc `. tke f •ct '!: .- .: o' nu'. _,.,1 -, .117 is ,_o ec': Th. ';.le:.- i:-. _ ee iy or •:erci. '. re r of how it io- now znne . 37.0 7u a ler i' ' i. :inn ric - ' r•e an: the torn of o. ''ec t, .ieh inc nr'o.- a rocery ,Here , as atin„ innle, ent _.'core , ' 7 :e:;. itt: , .. . - 70 n:. fl. few n ne;- ' i,ie'.se:: i:: al:o •. o :ea , . rice:' - al . T1-ii ... Cone ' ofore 1e1C "..;.)uaty ever nt n.onin .: into e . feet. - 7he ' nil '.in_ anh ' (:)t. ..a.. ',een e. :roecr,-.. n..e for -any yearH rtn., a re> turant-' cr for -:c :- 1 1 yearn , an i' .: ,:2, , d not ':e , i :ht to k e-, Mi. Hr n-7.07: 7 rnorr :nneIaic'. . ur -r her 1 i Conn • _ . al:: a 'fu`.i ie'-s ;or o:.: - yu. . - File , 7.71.on .."i :-11 the o-:-.her n' illec..sin in town 1've.. the far: .in c _, Hunijr :urroun 'i:l;: it. 0 . The cl::ti _n.. e .11.1.Lian in till_ _ ran ' n.i' C 1:00 returant a very u:.:ef :I any` neecozary a. ine:;s . lie :iu r unu ing area i.' far ling , a re..turr:n ; c' oze wonl Le a conrienent place for the surreunai 1.; . _..e-..,:'.en . and far."-era with their rorkin tires to en .aria the bu:•y aea ons : n,' at ;lar-:e' r tie . The nearest recturant ia 8 lie_ away an3 ycL,t of _.-e reo-le •.roar' this area cannot . .are he tine 1-n ;o l-' .t far. There l' 1 r.l_:o ?:e a puLlic telephone an( ;-eEtrofan at thin ' oca ', ion VT -i h the truck traffic c„nld benifit Th.--,ii. 10. The ' u::.inec- ::n: 'hen ;lied with , ter :ince it ' e -i<: -:enee fro, . a '.:c:.l aero;-s the roac , an( 'at :'. i't ' s own :,E?)'ti': a rCi: on the :7u' joct rile. erty.r, 12. The bt-at .1: I7r �e.. t. We: e l ' ^c r' ;in they jn•. le ':' ha we cnuld a^e t: e n o ; ofright o ' ay : for par':ing. ` it . ere han al;alreaiy ::ee. an cal., 71.-._- ' uil: ina 'aTie ,7__J a:: without any piica` ions. 13 . Since t =ere ha., been a._ er.fl ..in , '„_i ^'in � on the lot, there 6oesn' `�• arcear -to 7e a ,:all-., ravel , or ^the - inerel reL,Jource on or un 'er the :,u':ject ;pro ors•". 14. The :ro oseT chan e at zone i:; not located wit?:in an Overlay District Lrea. • �I .I �I Op O I IC I0 5. J vl� N S / 4 O In N _ —1 �T N A ti • Ik D52O 1 704 RESET 3.,_, ROW[[ 'vrR 3 CORNER COMMON TO I SECTIONS 2,3, 10 W11 500 100.0 25.0 p 50.0 75.0 30.o TIN, R63W of 6th P.M.' 260' !lid ‘1551iFc 05' 0 S89'5O12O"W ' 1105'1 '1 24 .0 N8 125.0 '875' I hwY• 5 , lof.77 n1r oio ) �30f.2s' � yIOfJs '15!.75 ' V / i I •". TSOUTH� DORY LINE 99.50 70.00 30.00 /53 55r . b DEDI ATED ROAD R.O.W. N 30.0—'"� 45.00 • I DEDICATED O 4 O O \ HIGHWAY ROM_ I-- \ I. o AUO. II 56 ' f 1 n ,�`� 1b 0/ f.isof RA3f. In / I. 70.0 o Cr- i n l O n a /i In o n ai nN c ED C n o sp.: o o � • 0 2 in 3 / 3 M Z O 0- .....53‹ 0 - - m 95.00 - 0 0 0 vi 2 vi n M M m 100.0 53.75 ' o ; 99.50 rs O O O, _ — 50 13.75 50.00 90.00 00) 8 ' II 0 W ID - m b o Qr O 0 90.00 O • 0 0 . 8 O 3 n in o w 0 0 0 - r IN - 0 12 0 13 0 0 a o in i„ WEST el LINE f n LATERAL '• •+ w _ DITCH SN 10.s = C C. 50.0 •• 90.00 ^ ,. 125.00 , SO INGRESS U_110 O Or— — m b EGRESS � 140.0 '*' 95.00 8 EASEMENT ' a o o s 0 14 0 c O r !Pr ai oQ 140.0 0 Nfl - 'EEDS RECORDED 4 • THE FOLLOWING o o IJ g _ ill 1ES ARE TO BE 0 - ONE DESCRIPTION O 100 140.0 _ Ems., NT DESCRIPTION. n d - o N 'v COMMON SECTION Q •4 C -5 ARE THE SAME I .e _ MMON 1/4 SECTION to N.- 0 0 16 8 • 0 0 t O 0 o J• 5 0 M000 S_E.• 0 0 140.0 IOD 0 — —} O O 205.00 I IlO 00 - 25' PUBLIC ROAD I • DEDICATED NOV.1916, I • S I 8.414, P.385 R_239381 _ { M 1 0 6 t f5,- `t* y -kr E_ s a-17( r s r ry .s. �v ...t•a\"tit�.k, .k.: .fi - 4t Lt." ''''-41-'r- ‘ -'r LAS f F '. "`tee, C _, f }' t t s - w' Jw Fa+. . +1�a't..- ''''.4./.,''e -.& - h t: -�>•[ 1 ----:.--,..44..“ w �7"Yt�rL Q .+Rstk a. a ' K,�— ' /1 15�y't - J�' R ; a � �:Li�1 y S � �l �y t r„..-74 �� 4 i I P ��At 4 2.�. S a• ' tie tar �S.4..,-:._ .. "'r..i 111 p, � -,,t.I - h i �. - t wv- 2 .,. •j "4 lit : :. \ 1 a at 3! .fir„+ ♦ Con .,t t..qv T1 jd Ste \ �,_ '4's 1: x _> 44 ! 7..: ;717,.•� .3 i` de, f rY t �'' i rd�` Z, �', 'rx a� 9 r,,, � ^I' ..,t-,.., ,rt 44„[F �`� �� <` s f� ��.. ( S ��.L v i 4• yp� -sue{�� i,: i, .y jj {Y ', y;. r h - ilaA i 1S t ttI 82`ii t : }-Anti ll. ?+.{y,1[ • t I # M _ t'94i} ti..y:' Ry "f i U I^ off } F -f t Ma : �' I_ ! 5F1 - vv !. n I l{ � { f4 �' ,.tt I f k \ •trl 'tl J4 (I ,_i:! r It ti \ t t i i . ` 'Ft - Ali -- 'F ' Mas c0uiry CIIIIIESIMEle 7 ti, O5 A- 1 I' ' i 1932 GREELEY. COLO. October 21, 1982 Board of County Commissioners To Whom It May Concern: We would like to request that you preadvertise our Change of Zone request early. We are willing to pay any advertising costs associated with the legal notice. Attached is a copy of surrounding property owners within 500 feet of the subject property. Sincerely, Jack Zimbelman } Ck- 472 2-17,_/ 27, Ll)t/) _ . \y •,\ ! �s •�;�rasjsa AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. 1 - 562.- Subject Property it, We— L)G4 se-.• le IT N, Q to `AD STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. The foregoing instrument was subscribed and sworn to before me this 61 04'day d croSci+.r , 19 thsby WITNESS my hand and official seal . My Commission expires : + e5me,isEign expires May 27, 1985 t 1 Notary Public JF OWNERS OF PROPERTY WITHIN ( FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION # PThLI, lnr 8 li IF'„9er t 2.02/Y 77n 3 z/0oD21 l f'I/, PC o -P hi3O!'''' Aft c f I L/Pi/`,/ 771 '.AYJII ti /) 1r 1 , )1 L�r h11 i H !' , f '1 /.5 ' 4,?/S/7" )031,' /n9 L/lI , , , , y , n ., I '77_ 1. p /1/?7 '.^ 1c:on--,- r Fr'11 ) k - ", (r/, q:7(4 / /1-/?Zr *tc 1 /. - / - — - 7lgn7o3goo0-,6 or - ,Il-(,c 7. (- y Z7'74- .7 f/"l , l itL'',-,/-, { :/1 / n/u;',/ ,,/4,(,4 r)i ,,fn iii)(-7 r ( 'l^;71./ Fir'1( °l2 / 1' ', -T^/,.. 4 .7._ 1(I'.,.y'rC/^ l', ` 'A I' 1 / / r,r;Kcr7 7/97Fcii-ra id- bLErimi114()•• rl-- / /),'2V -i',' � I' - „ Y '/; Ir./In-I il(' I' r;i1- , 'r)/ n.' !' Z/2/7?/;7/VV.',`P . I , 'l1A);' f?1 iLr, T-c C. /+ k,ir/er J-f ern,-)-1-- /7,4 2e" r%tre '4Trley . C'Qln Qf[h51 69Iu776“vo t-,/ (� 1) IPr Ice 4HC'P`r2 / 7! Lfr. /'' • /, Y ' 7/ �,', I [l'J^j7yn^0 1 / - - ,7-7/,, " 4 ,v, 9 ;9 -< ' nF 9nln c'\,,e,�5 /,.� r /7"-'/^Z.'" `f( Coo?/</77/C:Thr,-I:- Fero f ?e.2/n ; Ii , ,;/ , 77 / .,,, /.._,, r /, 71 /; /` I•,,_,I, 0:.7-}/3,. . i ± /c7--1 ' , . , - /,:_lun /l `1lr, erS/4 R.---2O/ , 11 r ',,l 1, , I '7- �<., /7, /, 1 [7 ( Ca r-,^r i:� n ri 1r /� .> C-.? l -; "'9 C�, - /� � ^.• c 7 [ 7/, � n, Fes) : lri r /1e,'ci n-(-/ 11-I < I:u , /' ,i / e)/1'711/ (> Tf0pp ZLICir7 Wry 1/ KJ 7 P 1‘,,i/ 97; if /o 2/L/ 7- 7V.H. ,I1. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. DATE: October 27, 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 set the following hearing for the 15th day of December, 1982 at 2:00 P.M. Docket No. 82-72 - JACK W. ZIMBELMAN, Change of Zone A to C-1 OFFICE OF THE CLERK „TO THE BOARD O t BY: ,_. +?. ,," 1_4-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 /1 L;, _ T • 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. 82-72 Jack W. Zimbelman 4999 State Highway 79 Keenesburg, CO 80643 DATE : December 15, 1982 TIME : 2 : 00 P.M. REQUEST : Change of Zone , from A (Agricultural Zone District) to C-1 (Commercial Zone District) LEGAL DESCRIPTION: Part of the NEa, NEa, Section 10, T1N, Range 63 West of the 6th P.M. , Weld County, Colorado. 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 27, 1982 PUBLISHED: November 4, 1982 and December 2 , 1982 in the La Salle Leader • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 '37.44 Y.. • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hear- ing on November 16. 1982 at 1: 30 p.m. to review a request for approval ofa Change of Zone from "A" Agricultural Zone District to "C-1" Commercial Zone District from Jack Zimbelman on a parcel of land described aspt. NE1, NE1, Section 10, TIN, R63W of the 6th P.M. , Weld County, Colorado containing 0.17 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above reference request will be conducted in the Weld County Commissioners ' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on November 16, 1982 Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000 extension 400) . Jerry Kiefer, Chairman Weld County Planning Commission To be published in the: LaSalle Leader To be published one (1) time by: October 28, 1982 (Publication Date) Received by: Date: Hello