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Home My WebLink About840044.tiff AR1964232 RESOLUTION RE: GRANT CHANGE OF ZONE FROM "A" (AGRICULTURAL) DISTRICT TO "I-2" (INDUSTRIAL TWO) DISTRICT FOR JESSE L. YARBROUGH 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 18th day of April, 1984 , at 2 : 00 o' clock p.m. for the purpose of hearing the appli- cation of Jesse L. Yarbrough, 19357 Weld County Road 8, Hudson, Colorado 80642 , requesting a Change of Zone from "A" (Agricultural) District to "I-3" (Industrial Three) District on Part of the SE4, Section 31 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado , being more particularly described as follows : Part of the SEa of Sec. 31 , Township 1 North, Range 66 West of the 6th Principal Meridian, Brighton, Weld County, Colorado , more parti- cularly described as: Beginning at the SE Corner of the SEa of said Sec. 31 ; Thence N90°00 ' 00"W on an assumed bearing along the South Line of said SEa a distance of 940 . 41 feet; Thence NOO°00 ' 00"E a distance of 30 . 00 feet to a point on the North Right-of-Way Line of Baseline Road (W.C. Road 2) , said point also being the True Point of Beginning: Thence N90°00 ' 00"W parallel to the South Line of said SEa and along the North Line of said Baseline Road a distance of 445 . 00 feet to a point on the Easterly R.O.W. Line of the Union Pacific Railroad; Thence N13°47 ' 30"E along said Easterly R.O.W. Line a distance of 336 . 71 feet; Thence N90°00 ' 00"E a distance of 364 . 73 feet; Thence SOO°00 ' 00"W a distance of 327 . 00 feet to the True Point of Beginning. Contains: 3. 039 Acres, more or less. 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 , after hearing the testimony and statements of those present, and after studying the request of the applicant and the recommendations of the Weld County Planning Commission, deems it advisable that this request should be considered as a Change of Zone from "A" (Agricultural) to "I-2" (Industrial Two) in order to ensure that the subject site shall be properly screened, and B 1028 REC 01964232 04/24/84 16 : 15 $0 . 00 1/003 F 0280 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO /- / ,f 84OO44 i Page 2 RE: CHANGE OF ZONE - YARBROUGH WHEREAS , the Board desires to grant said Change of Zone for the following reasons: 1. The applicant has complied with the application require- ments listed in Section 21 . 7 et seq. , of the Weld County Zoning Ordinance. 2 . The request in conformance with Section 21 . 5 of the Weld County Zoning Ordinance as follows: a) The subject site is surrounded by industrial zoned land and is therefore compatible with the surrounding land use. b) The subject site is served by a septic system. c) The subject site is served by well water system. d) Weld County Raod 2 will provide adequate access to the site. e) The subject site does contain a gravel resource. It is not considered to be a commercial mineral deposit because of its size and the economic feasibility of the gravel. f) The subject site is not located within any overlay district. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that Jesse L. Yarbrough shall be granted a Change of Zone from "A" (Agricultural) District to "I-2" (Industrial Two) District on the above referenced parcel of land, subject to the following conditions: 1 . The Change of Zone plat shall be amended to show an additional twenty feet of road right-of-way reservation north of the existing right-of-way line on Weld County Road 2 . The total right-of-way north of the centerline of Weld County Road 2 shall be fifty feet. 2 . All buildings , structures and land located on the sub- ject property shall be located, designed, used and occu- pied in such a manner that the design and operation standards contained in Section 34 . 5 , Performance Standards, of the Weld County Zoning Ordinance are complied with, and provided that the water supply and sewage disposal Performance Standards, under 34 . 5 . 1 . 9 and 34 . 5 . 1 . 10 , are not considered to be met if uses, in addition to the existing use and the mini-storage, are placed upon the property. B 1028 REC 01964232 04/24/84 16: 15 $0 . 00 2/003 F 0281 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 RE: CHANGE OF ZONE - YARBROUGH The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D. , 1984 . /� ` - BOARD OF COUNTY COMMISSIONERS ATTEST: Q�.t�.L ,W1. 7tlAaMiend WELD COUNTY, COLORADO •Weill, COhty Clerk and Recorder CiCIL _ ai \\)tiiiirOl p . the Board Norman Carlson, Chairman __ _, /`�r 8 IL,,,� EXCUSED �� t� unty Cl rk Jacqueline Johnson, Pro-Tem P yn ,. A14P O ED 1AS TO FORM: EXCUSED Gene R. Brantner 7.‘___ 01 )., e,-;`---79 _ 1....- County Attorney C uck Carlso� Jo T. Martin B 1028 REC 01964232 04/24/84 16 : 15 $0 . 00 3/003 F 0282 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 042384 HEARING CERTIFICATION DOCKET NO. 84-2 RE: CHANGE OF ZONE, FROM "A" (AGRICULTURAL) TO "I-3" (INDUSTRIAL THREE) FOR JESSE L. YARBROUGH A public hearing was conducted on April 18 , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner - Excused Commissioner Chuck Carlson Commissioner John Martin Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lac D. Morrison Planning Department Representative, James Mayerl THE APPLICANT CHOSE Tom HEARD TODAY IN FRONT OF ONLY THREE COMMISSIONERS RATHER THAN WAIT UNTIL ALL FIVE COMMISSIONERS WOULD RF PRESENT. The following business was transacted: I hereby certify that pursuant to a notice dated March 12, 1984, and duly published in the La Salle reader on March 15 and April 5, 1984, a public hearing was conducted to consider the request of Jesse L. Yarbrough for a Change of Zone from "A" (Agricultural) to "I-3" (Industrial Three) Zoning. Lee E. Morrison, Assistant County Attorney, read this request into the record. -He reminded the Board that this matter had been continued to this date from the previously scheduled date of March 7, 1984. James Mayerl, Planning Depart- ment representative, read the favorable recommendation and conditions, from the Planning Commission into the record. The applicant, Jesse L. Yarbrough, was present and came forward to answer questions of the ••ard. He explained that he plans to have a repair shop in the existing structure and put a dry mini-storage there also. Chairman C. Carlson asked if the applicant is planning -a hook-up to Brighton's sewer system. The applicant answered in the negative, paying he has adequate sewer and water facilities for what he plans on doing at this site. Mr. Yarbrough said that annexation into the City of Brighton would not be feasible at this time because of the costs involved with hooking up to Brighton's sewer system. John Franklin, representing City of Brighton, came forward to explain where the Brighton sewer line is in relation to the applicant's property. Mr. Franklin said that Brighton does meet the legal statutory requirements for unilateral annexation, but Brighton does not choose to force any landowner into the City if they are unwilling. In answer to Commissioner -C. Carlson's question whether someone outside of the City of Brighton could hook up to the sewer line without obtaining any further services, Mr. Franklin said the City could execute an Out-of-City Agreement for water and sewer services. He said the individual would be responsible for paying the normal hook-up and land investment fees, and until they were annexed, they would pay double the user rate. He said there is a clause in the agreement which states that those using the services would annex when eligible. Mr. Morrison said because Mr. Yarbrough is eligible for annexation at this time, this means he could not receive services without annexing. Mr. Franklin concurred with this. After discussion, Mr. Morrison asked, in terms of compatibility with the Brighton Industrial Zoning, which requires outside screening, would another zoning be more compatible. Mr. Mayerl said that "I-2" zoning reauires screening, which may make this more com- patible. Commissioner C. Carlson said that, because Mr. Yarbrough had earlier indicated that he intends to screen his site, he would suggest that this be considered as an "I-2". He also said he is concerned about additions which would cause an additional load to the sewer. Mr. Mayerl said a Site Plan Review would be required if any additions are planned on this site. Mr. Morrison suggested that an addition to the condition, which references Section 34.5 of the Performance Standards, be made as follows: "Any expansion beyond what is now being contemplated, would constitute a use in excess of the existing water and sewer, and the Performance Standards will then have to be judged for those additional uses." Norma Lanning, realtor, came forward and expressed DOCKET #84-2 TAPE #84-34 LHR 123 Page 2 RE: HEARING CERTIFICATION - YARBROUGH concerns about changing from an "I-3" to an "I-2" zoning. She said this property is for sale and she feels that prospective buyers would need the "I-3" zoning. She said Mr. Yarbrough had already agreed to screen the property, so she does not feel the zoning should be changed. Mr. Morrison explained that even if Mr. Yarbrough agrees to screen the property, this is not binding on any future buyer under the "I-3" zoning. Mr. Yarbrough said he is agreeable to changing this to an "I-2" zoning. After discussion, Mr. Morrison said that the correct verbage for the amendment to Condition No. 2, which was discussed earlier in this hearing, should read as follows: "Provided that the water supply and sewage disposal Performance Standards under 34.5.1.9 and 34.5.1.10, are not considered to be met if uses, in addition to the existing use and the mini-storage units, are placed upon the property." Com- missioner C. Carlson moved to approve the Change of Zone from "A" (Agricultural) to "I-2" (Industrial Two) with the conditions as amended, and based upon the recommendations of the Planning Commission. Commissioner Martin seconded the motion and it carried tmemdmously. APPROVED: BOARD OF COUNTY COMMISSIONERS antST: \Mew Oduna d/lQ/lflirt/ WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board ) Norman Carlson, Chairman 6-yyt--yy.,r o : EXCUSED uty County Clerk Jacqueline Johnson, Pro-Tem EXCUSED Gene R. Brantner Chuck Carlson Jo T. Martin 042384 A T T E N D A N C E R E C O R T) DATE: April 1-8 , 1984 TODAY 'S HEARINGS ARE AS FOLLOWS: DOCKET #$4-2 , CHANGE OF ZONE, A to I-3 , JESSE L. YARBROUGH PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant 's name of the hearing you are attending. NAME pJ�( ADDRESS HEARING ATTENDING )r)I� 1'-.I"'{'.f'{-y-": i._i \ f-^j l' f'3t- v' "�`' i tl7G <-1≤SS2. *n j f-t1 . 1 g3S7 Mtn Kr/ X77 ' - C O N T I N U A T 1 O N NOTIC E 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 Commissioners of Weld County, Colorado, Weld County Centennial Center, 913 10th Street, First Floor, 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. BB 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 o₹ County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 84-2 Jesse L. Yarbrough 1-9337 Weld County Road 8 Hudson, Colorado 80642 DATE: April 18 , 1984 - Continued from February 15 , 1984 TIME : 2 : 00 F.M. REQUEST: Change of Zone , from "A" (Agricultural) to "I-3" (Industrial Three) LEGAL DESCRIPTION : Part of the SE4 , Section 31, Township 1 North, Range 66 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 SHE BOARD BY: Mary Reiff , Deputy DATED: March 12 , 1984 PUBLISHED: March 15 , 1984 , and April 5 , 1984 , in the LaSalle Leader • /-r PUBLISHEA'SAFFIDAVIT STATE OF COLORADO, I Adams )ss. COUNTY OF ) Vi June 1, do solemnly swear that I am the Publisher of The Brighton -Blade that the same is a weekly newspaper published in the city of Brighton tqp� .ODM,tMpM�rott eaaa grtsaag laws a till StW Adams OldinMaa�a N d Cows be MAO County of m My etui►-Bwm a, Colo- rado.. Weld Commissionaire tot Weld County.Cis lo• rite, them trpin Fleeter re Cenmr. its It!held.t7fe eafded MMer COI- credo. tlar KsoiBM.Alt Its fcaoMng Stere hCat said and has a ge heel published p any C et Zane Os regtiesmd therein:that said newspaper has been-published l�� continuously and uninterruptedly in said -MNI ALL a1` .that BE IT card,AMCWNMot me test and moan .M the County Ptn!rsn0 . Adams Commleslat dm examined m ins county of oduat Beardd ... .<.Bt6:-tan COISISU?::' for a period of more than 52 weeks prior to the ; barn' first publication of the-annexed notice,that said x. newspaper is entered in the post office at ODATE: E , .Continued*MI6 Brighton * �$ of lone. A• 7. Colorado,as second class mail matter and that the said-newspaper is a newspaper within the OATt .apArp OF COUNTY meaning of the act of the General Assembly of COMMISSIONERS • the State of Colorado,approved March 30,1923, WE,0 CO{INTY.COLORADO and entitled"Legal Notices and Advertisements" BV:MAA/YY ANN FEUERSTEIN and other acts relating to the -printing and COUNTY CLERK AND RECORDER publishing of legal notices and advertisments; MID CLERK TO TNEBOARD -TM Mary Rea.DePuty that the annexed notice was published in the Rutenhed In Slsdss +,r: regular and entire issues of said newspaper, RF,INitprarlkc s; ,�-4' once each week,on the same day of each week for the period of 1 consecutive insertions; that the first publication-of said newspaper dated April 4 , 'g4...and the last publication of said notice was in the issue of said newspaper dated //II///'� JI/] 19 /,{/ // Si Title Z; Subscribed and sworn to before-me,a Notary 4S.h Public,this day of April 19 84 li My Commission expires MarchN3;arpgg6lln 139 North Main Sts. Brigatnn, CO WI rlty of leG4 1‘ DightoniyeillNo,li; " 1 m 1 I 4 fl ssio, January 19, 1984 Weld County Board of Commissioners 915 Tenth Street Greeley, Colorado 80631 Commissioners: Re: Zoning Case Z-396:83:11 (Yarbrough) A to I-3 We have been informed that the above described zone change request will be before you for hearing on February 15, 1984. The Brighton City Council strongly urges you to not grant this request and instead refer the applicant to the City of Brighton for Annexation and zoning. The proposed use of the parcel can likely be accomodated (subject to legal annexation/zoning procedures) in a City zone district and under performance standards compatable with surrounding industrial parks. The City totally surrounds this parcel ; City water, sewer, police and fire district services are available to the property. We believe it is not logical , nor fair to other abutting Weld County land owners now in the City, to allow a more intensive use of this parcel without it being in the City of Brighton. We would appreciate your assistance in resolving this concern. Sincerel , Ga . Gilpin, Mayor .jaf:md cc: -City Council Members Referral File 22 south 4th avenue, brighton,co. 80601 (303) 659-4050 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduc ,totpassage rn_t by the Weld County Planning Commission. Be it Resolved by th "'Veld County "t Planning Commission that the application for: CA Ai /4 • iJv�J •/ CASE NUMBER: Z-396:83:11 �. coin NAME: Jesse L. Yarbrough BEQUEST: A Change of Zone from "A" (Agricultural) to "I-3" (Industrial Three) //odson, P06-9.:2 ADDRESS: 19357 Weld County Road 8, Brighton, Colorado 80601• LEGAL DESCRIPTION: Part of the SEA, Section 31, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: The property is encircled by the city of Brighton; east of Business -Highway 85 and north of Weld County Road 2. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The applicant has complied with the application requirements listed in Section 21.7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows. The proposal is consistent with the Weld County Comprehensive -Plan. This site is surrounded by the city of Brighton. The Weld county Comprehensive Plan encourages industrial development to locate adjacent to existing municipalities in accordance with the comprehensive plans and stated wishes of each community. The city of Brighton Planning Commission has recommended no opposition to this request; - The subject site is surrounded by industrial zoned land and is therefore compatible with the surrounding land use; - The subject site is served by a septic system; - The subject site is served by well water system; - Weld County Road 2 will provide adequate access to the site; - The subject site does contain a gravel resource. It is not considered to be a commercial mineral deposit because of its size and the economic feasibility of the gravel; - 'Ile subject site is not located -within any overlay district. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. The Planning Commission recommendation for approval is conditional upon the following: - The change of zone plat shall be amended to show an additional twenty (20) feet of road right-of- way reservation north of the existing right-of-way line on Weld County Road 2. The total right-of-way north of the centerline of Weld County Road 2 shall be fifty (50) feet; - All buildings, structures and land located on the subject property shall be located, designed, used and occupied in such a manner that the design and operation standards contained in Section 34.5, Performance Standards, of the Weld County Boning Ordinance are _complied with; Z-396:83: 11 Jessie L. Yarbrough A Change of Zone from "A" (Agricultural) to "I-3" (Industrial Three) Part of the SEA, Section 31, TIN, R66W of the 6th P.M. , Weld County, Colorado January 3, 1984 Page 2 No ±uilding or electrical permits shall he issued for the subject site until the amended change or zone plat has been -delivered to the Department of Planning Services office. Motion seconded by: Bill. McMurray Vote: For Passage Against Passage Lydia Dunbar Doug Graff Bill McMurray Sharon Linhart Louis Rademacher Jack Holman Bob -Ehrlich The Chairman declared the Resolution -Passed and ordered that a certified copy he forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, _Bobbie 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 January 3, 1984 and -recorded in Book No. IX of the -proceedings of the said -Planning Commission. Dated the 4th day of January, 1984. �41a. GS-o o31. Secretary Z-396:53: 11 Jessie L. Yarbrough A Change of Zone from "A" (Agricultural) to "I-3" (Industrial Three) Part of the SEA, Section 31, 21N, R66W of the 6th P.M. , Weld County, Colorado January 3, 1984 Page 2 COMMENTS: 1. The Adams County Planning Department has recommended that the applicant investigate the feasibility of annexation to the -city of Brighton prior to allowing development on the subject site. In addition, the city of Brighton is encouraging the applicant to petition far annexation to the city. The Department of Planning Services staff concurs with the _city of Brighton that the applicant should consider annexation to Brighton; however, we feel it would be inappropriate to require annexation prior to development of the property. 2. The Department of -Planning Service office has received one telephone call from an adjacent Troperty owner who objects to this -requested zone change. LAND ESE APPLICATION SUMMARY SHEET January 3, 1934 CASE NUMBER: Z-3=96:83:11 NAME: Jesse L. Yarbrough ADDRESS: 19357 Weld County Road 8, Hudson, Colorado 80642 REQUEST: A Change of Zone from "A" (Agricultural) to "I-3" (Industrial Three) LEGAL DESCRIPTION: -Part of the SE , Section 31, T1N, -R66W of the 6th P.M. , Weld County, Color-ado LOCATION: The property is encircled by the city of Brighton; east of Business Highway 85 and north of Weld County Road 2 SIZE OF PARCEL: 3.029 acres, more or less POSSIBLE ISSUES SUMMARIZED -PROM APPLICATION MATERIALS: The criteria for Change of Zone review is listed in Section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services has not received any objections regarding this application. The city of Brighton recommends increasing the right-of-way on Weld County Road 2 • an additional -twenty (20) feet so that the right-of-way north of the centerline would total fifty- (50) feet. JRM:rjg I I FIELD CHECK FILING NUMBER: Z-396:83:11 DATE OF INSPECTION: December 14, 1983 NAME: Jesse L. Yarbrough REQUEST: Change of Zone from "A" (Agricultural) to_"I-3" (Industrial Three) LEGAL DESCRIPTION: Part of the SEA, Section 31, T1N, R66W of the 6th P.M. LAND USE: N Vacant land (Brighton Industrial -Park) E Vacant Land (Brighton Industrial Park)__ S Industrial Land, Champlin Petroleum Company and WY0 Ben, Inc. W Vacant -Land, Fulton Bitch. Union Pacific Railroad, and Business Highway 85 ZONING: N Industr;,i (PL ) ; yof Sri 4hron LOCATION: Adjacent to the city of Brighton; E Industrial (PDD) City of Brighton north of Weld County Road 2 and east of B.S. S Industrial, city of Brighton, Adams County Business 85 W Industrial, city of Brighton COMMENTS: Access to the subject site is from Weld County Road 2 (Base Line Road) a waved road. Land is level. Improvements consist of a single -family residence, garage and shop. The site is encircled by the city of -Brighton and on three sides by industrial _park -land. 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',..N.- '..r... , ' .-.--ce---- �F4 a ax r'.t t [ E.. - .: • r.� 4 II T... ..'I t �. ftl 'y ��yny tf R 1 V Cr:V j \ •'tit � 44 ® ' . - -0....7:1--r� t c • GPs •,. a r ".{.: _ a `7 aP kit 2--::?-- 5s s 'AA.. �, .. • w - 4 a lam, n, ` 1JC^~�.r .n. _ I gi.k. ' tliflitttintitti -ski":7.0 , , ( 2ZONING APPLICATION se # : ;? 3 &- : 5,3 /7 Dept. of Planning Services App. Ch' d By : Date Rec 'd : 915 10th Street App. Fee : \_y_, -'_ Receipt # : Greeley, Colorado 80631 Record. Fee : Receipt 1p : Phone : 356-4.,00, 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 : Part of. the SE4 of Sec 31, Township 1 North, Range 66 West of the 6th P.M. , Brighton, Weld County, Colorado, more particularly de- scribed as: Beginning at the SE corner of the SE4 of said Sec 31; thence N 90°00'00" W on an assumed bearing along the South line of said SEk a distance of 940.41 feet; thence NO0°00'00" Eas a distance of 30.00 feet to a point on the North right of way line of Baseline Road (W.C. Rd 2) , said point also being the TRUE POINT OF BEGINNING; Thence N 90000'00" West parallel to the South line of said SE4 and along the North line, of said Baseline Road a distance of 445.00 feet to a point on the Westerly R.O.W. line of the Union Pacific Railroad- pence N13°47'30" East along said R.O.W. line a distance of 336.71 feet; thence North 90°00'60' East a distance of 364.73 feet, thence S00°00'00" West a distance of 327.00 feet to the true point of beginning. Contains : 3.039 acres more or less. (If additional space is required, attach an additional sheet) Property Address (if available) : 12805 Weld County Road 2, Brighton, Co. 80601 PRESENT ZONE Agricultural PROPOSED ZONE I-3 TOTAL ACREAGE 3.039 M/L OVERLAY ZONES ivo4.6 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING : Name : Jesse L.Yarbrough Home Telephone # : 893-5380 Address : 19357 Weld County Road 8 Bus . Telephone # : 659-2564 Hudson, Colorado 80642 Name: Home Telephone Jk: Address : Bus . Telephone # : Name : Home Telephone $ : Address : Bus . Telephone # : Applicant or Authorized Agent (if different than above) : Name : Home Telephone /r : 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 : J 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 ) Signature . Owner o Autho d Agent 174Subscribed and sworn to before me this / day /d / , 19OC . SEAL NOTARY PUBLI f My commission expires . ,�,,.////f/— (r\( Planning Commission and -Board of County Commissioners Weld County 915 - 10th Street Greeley, Colorado 80631 Gentlemen: I'm requesting a change of zoning from Agricultural to -I-3 o' the property situated at 12805 Weld County Road 2. , - This property currently has a 40 x 50 cinder block shop with a 12 x 50 lean So and a 2,000 square foot house with a 1200 square foot basement. The shop would be used for the repair of cars and trucks. -The house is built so that in the future, if someone needed an office, it could be easily converted to office use. I anticipate having the garage open from 8:00 A. M. to 6:00 P. M. Monday through Saturday with two employees. Also, anticipating some boat storage, possibly 20 mini-storages (10) 12 x 15 and (10) 15 x 20, and a truck rental such as U-Haul, Ryder, etc. Approximately ten or twenty cars per day may be entering and/or leaving the property. All buildings that would be in use are already existing except for the proposed mini-storage buildings. The proposed rezoning is consistent with the policies of the Weld County Comprehensive Plan in that the subject property is located adjacent to the City of Brighton. This coincides with urban uses being near urban areas. This parcel is currently zoned Agricultural and is surrounded by Industrial zoning, which indicates that the changing conditions in the area are toward industrial. She uses allowed by the proposed rezoning will be compatible with the -surrounding land uses in the area. The subject property is surrounded by the Brighton Industrial Park on the North and East, which currently houses an oil field supply and equipment company. The Robin Industrial Park is located across Road 2 to the South. One of the neighboring properties has a big yard with storage of pipe, trucks, etc. The septic system is now in place onthe property and we will be able to use that septic that exists. -See attached memo from Environmental Health. Water will be made available to this site from the well. A well test is included for your examination. There is already an access into the proposed site and we will access the property from Weld County Road 2. Your favorable consideration of this zoning request would be appreciated. n Sincerely, Jesse Z. Yarbrough /n L" X • a II, _LEGAL DESCRIPTION: PART OF THE SEI/4 OF SEC. 31,TOWNSHIP I NORTH,RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,BRIGHTON.WELD COUNTY COLORADO,MORE PARTICULARLY DESCRIBED AS. BEGINNING'AT THE SE CORNER OF THE SEI/4 OF SAID SEC. 31; THENCE N90.00 -OOIW ON AN ASSUMED BEARING ALONG THE SOUTH LINE OF SAID SEI/4 A DISTANCE OF 940.41 FEET; THENCE N00.00'00"E A DISTANCE OF 3000 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF BASELINE ROAD (WC. ROAD 21,SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE N 90.0000"W PARALLEL TO THE SOUTH LINE OF SAID SE I/4 AND ALONG THE NORTH LINE OF SAID BASELINE ROAD A DISTANCE OF 44500 FEET TO I+ POINT ON THE EASTERLY R.O.W. LINE OF THE UNION PACIFIC RAILROAD; THENCE N 13'47'30'E ALONG SAID EASTERLY R.OW. LINE A DISTANCE OF 336.71 FEET; THENCE N 90'0000"E A DISTANCE OF 364.73 FEET; THENCE S 00.00.OO“W A DISTANCE OF 327.00 FFET TO THE TRUE POINT OF BEGINNING. CONTAINS: 3.039 ACRES MORE OR LESS. / . a / ti � BRIGHTON INDUSTRIAL PARK L IMI TED CO DRAINAGE •IJTILITT or 7 / EASEMENT / N 90'0000 E o------------ 364 73 O rt¢/ ti 0 a W Crontains: 3.039 Acres _7. o more or less. g -8 _CT _ I0 • , 8 / M rn t 4 2 O Ni �I r I / PRESENT ZONE: AGRICULTURAL '5; PROPOSED ZONE: I- 3 / -i- 445.00 N 90.0000W gl a o (WELD COUNTY ROC L1LICIT 940 BASELINE m<w — -ROAD "••a[,+.1 y— a. R 1160TH AVE I I ROBIN INDUSTRIAL PARK / z gal cr -)-ENVER pia ( FDS57 2308N i7 En�ineeriny • P.O. 90x 392 -6i7 5" STREET FORT LUPTON COLORADO. 80621 December 2 , 19U3 Director Weld County Manning -Dept. -915-10th Street Greeley, Colorado 30631 RC: See attached nap and legal description. Dear Sir: -Phis property is underlaid with gravel. The gravel lai'cr is approximately 30 feet thick and extends under the entire property. Several buildings have been constructed on the property. The size of the property ( 445 feet X 327 feet) is too snail • to economically mine the gravel. The removal of the buildings and overburden together with the side slopes; required nake recovery of the gravel on this site not economically feasible. • Yours truly, Geeil ;:. Crowe • r. L. & L. S. 12330 04G'oo1ST'oe0,f, t -: 12330 !-�._ '. %enoo / ?' C O �c " '.\\" SPAIN'S PUMP SERVICE 2021 WELD COUNTY ROAD FORT LUPTON, COLORADO80621 STATE LICENSE NUMBER: 713 WELL TEST (303) 659-1584 CONDITIONS Well production is certified for the time and date of test only. You are advised that this production may change if more extensive tests are performed. You are also advised that this test does not imply that the system is in proper working condition, nor that it meets health and safety regulations for potable water. We assume no liability for condition of well or pumping equipment before, during, or ai -,or per- forming this test. THE UNDERSIGNED HAS BEAD, UNDERSTANDS, AND ACCEPTS THE ABOVE CONDITIONS OF PERFORMANCE. REAL ESTATE AGENCY AGENT OR PERSON AUTHORIZING WELL TEST '2T LOCATION 12805 'SCR 2 Brighton, CO 80601 PROPERTY OWNER Jess Yarborough • DATE CF TEST December 1, 1983 WELL DEPTH#f1-35'* - #2-700.* - STATIC LEVEL PRIOR TO TEST unknown PRODUCTION#1-20 GPM #2** GPM AFT& Two (2) -HOUR PUMPING _MST EQUIPMENT USED existing equipment at well site REMARKS * Well designated as well #1 is a shallow well having a depth of 35' . Well designated as well #2 is a deep well having a depth of 700' . ** fact -::',FI•I on this well is not known. Due to weather conditions -this well could not be tested. :However, we believe the well adequate for household use. SATE December 2, 1983 SIGNED J'Cc.,)7 C C REFERRAL LIST APPLICANT: Jesse L. Yarbrough CASE NUMBER: Z-396:83:11 SENT REFERRALS OUT: December 6, 1983 REFERRALS TO BE RECEIVED BY December 26, 1983 z m m o z H Z H H t 6 Ct W H TC W w e il t - z W V ILI D W o a � a 0 z v°'ix 0 '---- County Attorney (plat only) City of Brighton Attu: John Franklin X Weld County Health Department 22 South 4th Avenue XX Brighton, Colorado 80601 XEngineering Department XX Bill McMurray -- County Extension Agent Planning Commission Member P.O. Box 161 ---- Colorado Geological Survey Brighton, Colorado 80601 _ 1313 Sherman Street Room 703 / Platte Valley Soil Conservation Denver, Colorado 80203 1 Service 60 South 27th Avenue Brighton, Colorado 80601 Brighton Fire Prevention Dist. X 12 South 4th Street Brighton, Colorado 80601 State Engineer Adams County Planning Dept. Division of Water Resources Attn: Robert Coney 1313 Sherman St. , Team 818 450 54th Avenue Denver, Colorado 80203 Brighton, Colorado 80601 -1 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 rn rip f Ut. To James R. Maverl , Current PlannerDa,e December 16, 1983 COLORADO From -Donald R. Carroll , Administrative Manager D(,-' Subject: Jesse L. Yarbrough Reffer, Case No. Z-396:83: 11 I talked to John Frankland from the City of Brighton regarding the attached. The adjoining property, Brighton Industrial Park, has a right-of-way of 50 feet. Therefore, we are asking an additional right-of-way of 20 feet from the applicant to match the existing road situation so that a bottleneck situation does not occur. DRC/dm t 410 f tf To James Mayerl, Planning [Lite November 16, 1983 COLORADO From Ron Stow, Environmental Health ;llr Subject Yarbrough Septic System rJ The septic system located at 12805 WCR 2, Brighton, -Colorado (SEA 31-1-66) and owned by Jesse L. Yarbrough. appears adequate for the planned use. The septic system size is unknown since a permit was not found. however, we cannot certify that the system will function as intended in the future. Z.f loading changes or malfunctions occur to the system, we require that our office be notified so that a review of the system's adequacy can be made. RKS/cam / IPI :11:1713/Slialibilii ----- Co. Plannin4 a West Adams Soil Conservation District PO. Box 296 - Brighton,Colorado 80601 Weld County Planning Department 915 10th Street , Greeley, CO 80631 I/ IP ; �3 I RE: Case No. Z-396:83: 11 We �0. Non8rn Zoning Change Li°mrrrissr4 We have reviewed the above zoning change and can find no conflicts with any of our interests. This change would be consistant with surrounding properties. From a soil and water standpoint, we can find no problems. Thank you for the opportunity to comment on this case and future cases. Sincerely, 1l Oscar Haake, Jr. President West Adams Soil Conservation District • CONSERVATION --DEVELOPMENT - SELF-GOVERNMENT Adams-County Adminstration Building Board of C..inty Commissioners Colorado 450 South 4th Avenue Commissioners: Leo M. Younger, Jr., District 1 Brighton, Colorado 80601 Steven E. Cramer, District 2 (303) 659-2120 Ronald D. Nichol, District 3 PLANNING DEPARTMENT /' u o (r�1 r'� 1 n 1 i11 T ---,111:-i- Ii ll II 1 T31 1983 III December 12 , 1983 Wald Co. Planning Commission James R. Mayerl Weld County Department of Planning Service 915 10th Street Greeley, Colorado 80631 Dear Mr. Mayerl: I have reviewed what material was referred to Adams County in case number Z-396 : 83 : 11. While uses were not specified, an industrial zone would be in general ccnformance with adjacent zones and the Lit._ growth plans of the City of Brighton. � Of particular concern in this case is the development of an enclave within the City of Brighton without provision for annexation. Adams County strongly discourages the development of unincorporated enclaves unless the affected city is unwilling to annex the property and provide services. My recommendation in this case would be investigate the feasibility of annexation to the City prior to allowing development of the site. Thank you for the referral . I appreciate the opportunity to comment in this case. _Sincerely, `.t'7 _Robert D. Coney 72,:vDevelopment Rev w Section RDC:nw 1 , � � of Th 11.91 1oc3 \I \ ,‘ it ,geld Co. Flannum tAMMIssian righton December 14, 1983 Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Sirs: Re: Case 2-396:83:11 - Zone Change A to I-3 3 AC Parcel North of WCR 2, East of U.S. 85 Thank you for the opportunity to review this case. The Planning Commission discussed the request with Norma Lanning, applicant's representative, and -directed staff to inform you of the following concerns: 1. The proposed multiple use of the property for vehicle repair and service, boat and camper storage and mini warehouses is not incon— sistent with the industrial parks and uses in the vicinity of the property. 2. This property is completely surrounded by the City and would be a logical annexation. Water and sewer services are available in WCR 2; Fire and Police services is available. We therefore encourage the applicant to petition for annexation to Brighton. 3. Weld County is encouraged to have the owner dedicate additional right of way on WCR 2. Increased use of this arterial and proposed railroad crossing improvements by the City in 1984 point to short term need for widening WCR 2. -Please advise me of the outcome of this case. Sincerely, John A. Franklin III, A.I.C.P. -Director of Community Development JAF:md cc: Referral File 22 south 4th avenue, brighton,co. 80601 (303) 659-4050 ( C tof �- i , . , i , ,, , k�� Teo ./ ity L,, , -- Ai\ December 19 , 1983 V4c'.d Co. planmu� Ccmnns=,ta.\___ Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Sirs : Re: Yarbrough Rezoning Case Z-396:83:11; Supplemental Comments The amount of additional Right of Way we recommend is 20 feet. This would bring the total Right of Way to 50 feet measured from centerline , and is consistent with the improved Right of Way at Brighton Industrial Park, Ltd. Subdivision located east of this Parcel . Sincerely, I. - -NM John A. Franklin III , A. I.C.P. Director of Community Development JAF:md 'cc: Weld County Referral File 22 south 4th avenue,brighton,co. 80601 (303) 659-4050 December 2, 1983 Norma Lanning Platte Valley Realty P.O. Box 808 Brighton, Colorado Re: See Attached Exhibit After searching records at Adams County, according to the assessors office, there are no assessments on mineral rights regarding the attached properties. I have also personally checked the Grantee and Grantor records and found no leases on the properties. It is my opinion there are no incumbrances or attachments to any mineral rights. Sincerely, y �.r Len Travis l MAILING LIST Z-396 Jesse Yarbrough Bruce D. Reed 1850 Southern Street Brighton, CO 80601 Jody Littleton Box 276 Brighton, CO 80601 BIP Associates 550 S. Cherry Street Suite 1000 Denver, CO 80222 DYP Associates 1100 Umatilla Street Denver, CO 80204 Ronald and Nona Loser 8731 Cheryl Drive Denver, CO 80229 Brighton Industrial Park c/o James Erger Rt. 3, 16521 East 121st Circle Brighton, CO 80601 CAMBRIDGE PROPERTIES LTD. REAL ESTATE INVESTMENTS --_ December 28 , 1983 I -L ,`!r 'I � 3 :11 � v 30 1983 Weld County Department of Planning Services Meld Co.-Planning Commission 915 10th Street Room B42 Greeley, Colorado 80631 Att : Mr. Jim Mayerl Re: Yarbrough - Z-396 Dear Mr. Mayerl : Our company is the managing partner of BIP Associates which owns the Brighton Industrial Park, Ltd. Our industrial park is contiguous to, and surrounds , the above property on the east and north sides . Our property is entirely within the city of Brighton , is zoned light industrial , is subject to a Planned -Unit Development Agreement , copy attached, and is fully improved in terms of roads and utilities . We have 31 vacant lots on the market at the present time , as indicated by the copy of our brochure enclosed. This is our formal protest to the rezoning of the Yarbrough property to Weld County I-3 for the following reasons : 1. The Yarbrough property is entirel7 surrounded by the city of Brighton and it should be annexed to the city of Brighton so that it can be Boned , developed and served by the city in a manner consistent with other and adjoining properties • in the city. 2 . The uses by right in the Weld County I-3 zone are not consistent with the uses of the adjacent property which are zoned light industrial . For example , as you will see in our Planned Unit Development Agreement , we have many restrictions in terms of uses by right , landscaping , fencing, etc . We understand that Mr. Yarbrough wants to use his property for diesel engine repair and mini-warehouses which , without adequate pro- tections , will devalue and make our adjacent property less merchantable . 3 . If this property is rezoned as requested, it would create an unfair competitive advantage for the subject property compared to our adjacent property because we have a more res- trictive zoning, or we have been required to comply with many other city regulations such as additional right-of-way along Baseline Road, dedication of certain water rights , improvements constructed to city standards , and our payment of $20 ,000 to 650 SOUTH CHERRY STREET•SUITE 1000•DENVER, COLORADO 80222•103/393-1900 k (_ k. Weld County Department of Planning Services December 28 , 1983 Page Two the city for a public land dedication fee. We would have no objection if the subject property were annexed to the city of Brighton and subjected to the same type of zoning and other restrictions as our property . We will have a representative at your meeting on January 3 . 1984 , and if I cannot attend, Mr. Bob Dawson will be represent- ing us . We would appreciate copies of any official action taken in this case and notice of any further hearings . Thank you for your courtesy. Very truly yours , CAMBRIDGE PROPERTIES , LTD . Donald Macy , President/J DM/klg Enclosures cc: Norm Dean Bob Dawson Brighten industrial Pant 0 je cc o Weld County Road 4 South Q. Platte o` River J N Road 2'/ Track v koSITE Fast 168th Ave. > d Baseline Road a a t L _ r 85 c 2 " z Brighton •y dilliMPIfilliiiiiiiiiiiPHIEIMPIP Colorado Highway 7 To Longmont To Fort Lupton To Greeley To Boulder `_ - ' Colorado Highway? Brighton \\NNt 287 1 ‘.\.- 85 76 4 36 N Commercetity 70 .—,...._ Denver on ;lt Innterntern attional Airport 5 . Y T}: 'N t "„t , Aurora @ X 1 Park Br!ghion Industrial ACCESSIBILITY AND LOCATION • 4 blocks east of US 85 (four lane) • 31/2 miles west of Interstate 76 with intersection of Baseline Rd. • Good access to 1-70 and 1-25 • 19.7 miles to Stapleton International Airport • 22.4 miles to Downtown Denver • Located in the heart of the Denver-Julesburg Basin STREETS AND UTILITIES • Paved Streets • Water and sewer from City of Brighton • Water and sewer stubbed to all lots • Gas and underground electric furnished by Public Service Co. • Union Pacific rail available ZONING • City of Brighton with PUD controls SITE FLEXIBILITY • Lots available from 1/2 to 10 acres Tt1e above information,while not guaranteed, is from sources we believe to be reliable.Dimensions and areas are approximate and subject to survey. For Further Information Contact: Suite 240 DORMAN -600 South Cherry Street ana Ind ducl1BMembershipsin the of Denver, Colorado 80222 COMPANY industrial Realtors t 303 388-5301 / / I. 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DETERMINATIONS TO BE MADE BY THE BOARD OF COUNTY COMMISSIONERS ON CHANCE OF ZONE REQUESTS 21.6.2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed change of zone, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the change of zone unless it finds that the applicant has not met one or more of the standards or conditions of Sections 21.6. 2 and 21 . 7 (application requirements) . The applicant has the burden of proof to show that the standards and conditions of Sections 21.6.2 and 21.7 (application requirements) are met. The applicant shall demonstrate: 21.6.2. 1 That the proposal is consistent with the policies of the Weld County Comprehensive Plan; if not, then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a change of zone. 21.6.2.2 That the USES which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land USES. 21.6.2.3 That adequate water and sewer service can be made available to serve the site. If the rezoning is approved, the applicant shall demonstrate, prior to issuance of ±uilding permits on the site, that the water and sewer services are available at the site and are adequate and appropriate to meet the DEVELOPMENT requirements. 21.6.2.4 That STREET or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. In the event that the STREET or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Weld County Thoroughfare Plan or in conformance with the MASTER PLAN of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET or highway facilities at his own expense in order to secure approval of the requested change of zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before building permits are issued, or submit -suitable performance guarantees to Weld County to ensure construction of the required STREET or highway facility improvements. No rezoning shall he finally approved by the Board until the applicant has submitted an Improvements Agreement or Contract approved by the Board which sets forth the form of improvements guarantees. Any such Agreement or Contract shall he made in conformance with the Weld County Policy on Collateral for Agreements. 21 .6.2.5 That, in those instances where the following characteristics are applicable to the rezoning request, the applicant had demonstrated compliance with the applicable standards: 21.6.2.5. 1 If the proposed change of zone is located within any Overlay District identified by maps officially adopted by Weld County, that the applicant has demonstrated compliance with the Weld County regulations concerning Overlay Districts. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. 21.6. 2.5.2 That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT as defined by Colorado Statutes in a manner which would interfere with the present or future extraction of such -deposit by an extractor to any greater extent than under the present zoning of the property. 21.6.2.5.3 If soil conditions on the site are such that they present moderate or severe limitations to the construction of _STRUCTURES or facilities proposed for the site, the applicant has demonstrated that such limitations will be addressed by the applicant, the applicant's successors or assigns prior to DEVELOPMENT of the property. SENT UNCERTIFIED TO: Norma J. Lanning City of Brighton Platte Valley Realty, Inc. John A. Franklin III 677 Bridge Street Director of Community Dev Brighton, CO 80601 22 South 4th Avenue Brighton, CO 80601 ;22 / 'C'/y/f Lelapaa Nantaa art- 71 ch e - a net Amr'LLSE w,od Sc PS Form 3800,Feb. 1982 — 71 ❑�❑ T 9 I IfI 9❑ I !�`j�lPi '^ gy Bm D m � �- zz m , s 8 g S 42 .. m .. O m m ' i ; ra Q (O gn � rjifl 'ii ₹Y ry T n ❑c. OO km ;lc -2 • FI < $O1 ; Og, z ZT -4 71 o fffm O o m H r-m 3 i Cn m �'3 D ,� i I I - m e:- - CO i tO OF COUNTY COMMISSIONERS I I I WELD COUNTY COLORADO ' v.Paeox 758 �j- "rOgy s. \ GREELEY COLORADO 808h Sm TO o a SENO RASOnela;m$E7ON ECXED ' \^'h J«�. Ad - :? i tnsutticYe l unknuz�ndresses — ehisep� ` 'l i t^, s ti- No° such s[reeAd*ess ''\ ' r: i_ 4. .. II°not ottica in stateum chat RETURN °uus RECEIPT +34REQUESTED 1850 BruceD. d Sou Bright ern StreetFl £?D Sri Ic 8060 @r 497 IS45i APR 31984 )1. Li MAIL OREELEY. COLO. • • 4ellaawa....„,....... ...... ZSBL A1nr I LSE8004 Sd t PS Form 3SCC. Per. 1982 _ H Q m m F m m r. o m .z I-1 N 3 oxi I p r • T. •. 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