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Home My WebLink About820045.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM C-1 (COMMERCIAL DISTRICT) TO per- A (AGRICULTURAL DISTRICT) FOR CHRIS AND CHERYL SCHELLENBERG Q' <0 ac 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 26th day of May, 1982 at 2 : 00 o' clock p. m. for the purpose of hearing the application ;.;0 of Chris and Cheryl Schellenberg, 5609 Weld County Road 79 , Roggen, Colorado 80652 , requesting a change of zone from C-1 (Commercial District) to A (Agricultural District) for the following described cid 3 parcel of land, to-wit: os w Attached exhibit "A" is incorporated herein by reference. 0 WHEREAS, Section 21 . 6. 2 of the Weld County Zoning Ordinance c'a 11 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 request z 0 W of the applicant and the recommendations of the Weld County Planning cf CC Commission, and having been fully informed finds as follows : r� e•ti. 1 . The applicant has complied with Section 21 .7 et. seq. of a z the Weld County Zoning Ordinance application requirements. z 2 . The request is in conformance with Section 21 . 5 . 1 . 1 of °ix the Weld County Zoning Ordinance as follows w¢ xz a. The proposal to rezone to agriculture is consistent ti;,n with the Weld County Comprehensive Plan. The om- County Comprehensive Plan identifies that this area is intended for agricultural activities and U- activities related to agriculture and agriculture production without the interference of other incompatible land uses, e.g. urban commercial . b. The subject property is presently used as an air strip for Air Duster, Inc . , a family owned aerial crop spraying business . This kind of activity would be acceptable as a Use by Special Review in an agriculture district and in accordance with the Comprehensive Plan and the Weld County Zoning Ordinance. c. The uses to be allowed would be compatible with surrounding uses which are agricultural . d. Adequate utilities are presently on the site which is served by Weld County Road 79 . e. The subject site does not exist in any Overlay Districts . f . No commercial minerals or moderate or severe soil conditions affect the Change of Zone for this site. 820045 LHR487a Page 2 : Change of Zone - Chris and Cheryl Schellenberg NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- c-40 6 .o V sioners of Weld County, Colorado that the application of Chris and N c•, C Cheryl Schellenberg, for a change of zone from C-1 (Commercial c w District) to A (Agricultural District) on the above referenced v 3 0 'Z tract of land be, and hereby is granted. a a The above and foregoing Resolution was , on motion duly made c c.. and seconded, adopted by the following vote on the 26th day of May, a "= A. D. , 1982 . Y- cc ca w BOARD OF COUNTY COMMISSIONERS Ci Li WELD COUNTY, COLORADO 5 '., al - C - \ `- cc ,4n T. Martin, Chairman w _eu. ms in w - a C u'ck Carlson, //Pro Tern a z er wz Norman Carlson cc wc - /I( tr C- C W. Kirby \f" 772,,y, i sta Li_ J ne K. Ste'_nmark , ATTEST: � V Weld County Clerk and Recorder andC�erk to the B r / _- 1 ( BY: / Duty Count Clerk A1411/0 d"Z4S TO FORM: • /I�+f' a...�' County Attorney DATE PRESENTED: JUNE 2 , 1982 A public hearing was conducted on May 26 , 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 ORDWAY ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, ROD ALLISON She following business was transacted: I hereby certify that pursuant to a notice dated April 19 , 1982 , duly published April 22 , 1982 and May 13 , 1982 in the Johnstown Breeze, a public hearing was held on the request of Chris & Cheryl Schellenberg for a Change of Zone, from C-1 (Commercial) to A (Agricultural) . The Planning Commission recommended that this request be approved. Phillip Bowles , was present representing the applicant. Mr. Bowles reviewed this request and what has transpired on this property during the past several years . There was no one in attendance at the hearing who opposed said change of zone . After all the testimony was received, Commissioner N. Carlson made a motion to grant the change of zone as requested. Commissioner Steinmark seconded the motion and it carried unanimously. • RMAN r. k,.-i , ,a„i1/4 ; 4(at,►ruo-./ to RD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK AND RECORDER AND LERK TO THE BOARD B S. D:•p ty ounty ler' DOCKET# 82-19 TAPE# 82-36 ZHR 487 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : Docket No. 82-22 - Chris & Cheryl Schellenberg - C0Z & USR - Airstrip 7(3 Docket No. - Docket No. 82-24 - Mike Cervi - USR - Oil Field Fluid Disposal Site PLEASE write or print legibly your name, address and the D0C r (as listed above) or the applicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING Lil2ri� ��:yl .�r�e�� fi SG 7k'c, /77 /c��rP\t �, C -J I�;6 74' /� /f uF�jCC,F ro.Y1:liid I Pkirn C K in /c) 0 U &7 CI(( '? • `2 7 /) .., I� // !!/ �/ , % , .�-1 / - // Pt- .r P( 1K. C7u✓,I,�c / _. X76" S ?u,� c,f /z>-,ter, E. 71 L9/`— P\ \ \ L- CGrk v .S 1 ki- IC ti� �Cc, io S 0 J t- Cam• 72 R e i d,) ,u y b2,-() if rt-/ 77i AlE,- ci•"1 //7- ,-- tic, .fy i �,/Lli -:-•-r / /I 7c �r/-7 / J/14, Y G/ //,/- V /✓[-'c:,° -- /�f 1.////l , II 1 k )(T v? wS �� 04 e()A S5 7 �, PP I/ (c , _ �,) �a9 EXHIBIT "A" :LEGAL DESCRIPTION: The East 360. 00 feet of the Northeast one-quarter of Section 4 , Township 1 North, Range 62 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as : Beginning at the Northeast corner of said Northeast one-quarter; thence N89° 53 ' 36"W on an assumed bearing along the North line of said Northeast one-quarter a distance of 360. 00 feet; thence S00°00 ' 00"E parallel to the East line of said Northeast one-quarter a distance of 2657 . 12 feet to a point on the South line of said Northeast one-quarter; thence 589 °46 ' 57"E along said South line a distance of 360 . 00 feet to the Southeast corner of said Northeast one-quarter; thence N00°00 ' 00"E along the East line of said NortheasC one-quarter a distance of 2657 . 82 feet to the Point of Beginning. Contains 21. 962 acres more or less. • N OTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a puhlic 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. -82-19 Chris & Cheryl Schellenberg 5609 Weld County Road 79 Roggen, Colorado 80652 DATE : May 26, 1982 TIME : 2 : 00 P.M. REQUEST : Change of Zone , from C-1 (Commercial) to A (Agricultural) LEGAL DESCRIPTION: The East 360. 00 feet of the Northeast one-quarter of Section 4, Township 1 North, Range 62 West -of the 6th Principal Meridian, Weld County, Colorado, more particularly described as : Beginning at the Northeast corner of said Northeast one-quarter; thence N89° 53 ' 36"W on an assumed bearing along the North line of said Northeast one-quarter a distance of 360. 00 feet; thence S00°00 ' 00"E parallel to the East line of said Northeast one-quarter a distance of 2657. 12 feet to a point on the South line of said Northeast one-quarter; thence S89 °46 ' 57"E along said South line a distance of 360 . 00 feet to the Southeast corner of said Northeast one-quarter; thence N00°00 ' 00"E along the East line of said Northeast one-quarter a distance of 2657 . 82 feet to the Point of Beginning. Contains 21. 962 acres more or less. 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: April 19 , 1982 PUBLISHED: April 22 , 1982 and May 13, 1982 in the Johnstown Breeze IMTI a �, Affidavit -of Publication el ewM l►Rlo CligkotAsnite isifr( -oni Be KW at Sant- ' STATE OF COLORADO. ) qv N 4IN Bar AM 7i �i° � a.3mili s fie'Weft WAMPI. County of Weld, 1 Pia M CuiltarretEWOW p l ciepskONM • f, ..a�"GZLL // Zziy,_ , of "tit rk.: -rose:tee is as in said County of Weld being duly sworn,ay that nwre. I am pubasher�t S /f tie if ALSO KNOWN Si the 2IlE. 2 Nail ate N.t�; wept 4N the 7 J ,7s �Ci� WNe Cottony IMMNf NM. That the same is a week! newspaper of ecer. may be examin in 1ReroNNe of Yg de Clerk le the Roar*e1 twenty circulation and anted rid published m the aminisaMners tetant*IntR1We1* Cow*Centennial teller 8,3 oNM t. town of n _AZ/Z.-, _. .. St 'Tlur*4Mir Giein. tow in said county and state; that the-notice cr adver nsement, of which the annexed is a true-copy, DOCKET NO. 17 21 has been published :o said weekly-newspaper APPLICANT for __.... _._ consecutive WMWeld County Roadie weeks: that the notice was published in the Roggen,Colorado YSN3 regular and-entire issue of every number of said DATE: May la, Hat/ newspaper during the period and time of pub!:- -. cation of said notice and in the -newspaper TIME:73:1116 P.M. , proper and not in a supplement thereat: That the ItEQURSTt Use Ry SeecMl Review first pub!icatton of said notice was contained .r_ •M Airstrip the gissue of said newspaper beating date Aptha LEGAL DESCRIPTION _73_. day of -. 1� p,. _ A D., 19 c,: izartaI.the-NEb of Section e,� and the last publi. tiara nerect. in the issue a: TiwmTilytNxM,Range83 Woo or de ate P.M.,Wele.C tan- scig newspaper bearing date, the /5 day at Qn 7)77-6712 _ 19 dry that the said GOARDOF COUNTY 3ONERS CQMMIOLONERS //J ( s� �j�/jJ IL e- WELD COUNT Y,CTILORAOO --i"` • -``''�'-� 'Wit"`�"� By:MARY 1WNTrEUERtTE1N has been published continuously and uninterrupt. - COUNTY CLERK AND- T -edly during the period of at least fitly-two con- CLERK..'M n,t.eOAN0 secutive weeks next prior to the first issue thereof -BY:Bette M.#oose,Deputy containing said notice or advertisement above referred to: and that said newspaper was at the OWED MAY W'IS time of each of the publications of said notice PtiMioed as Rifle Ude CeYYer duly_qualified for that purpose within the mean- Thursday. May 13, I*i. ing of an act,-entitled, "An Act Concerning Legal Notices, Advertisements and Publications, -and the Fees of-Printers and Publishers thereof, and to Repeal all Acts and Parts of -Acts in Conflict with the Provisions of this Act," approved April 7. 1921, and all amendments thereof, and particu- larlyas amended by an act approved, March 3C 19CC. ct'apppproved May , 1931. %er "Subscribed m ¢�) sworn to before e this // day of _ }'`l!. -' , A.D_ l9 __. 9 My commission expires _/f...!_._ Notary Public s Affidavit of Publication *;f wrwtisl a the too BM as al Oa -. —_- legs M-Colorado and IM ` 'Wald EasarySTATE OF COLORADO, 1 �MMM rR IMO* STATE d iA MF - ss. ries-01..IROARlard County of Weld. 3 plq ----4224401 C/� _ 1 1 GYLGG of time . prillarnlY Meow la A* St 40 4000 ft- said Count' of Weld, being duly sworn sxy that relpaitivittfeed mod May Rt I am publisher of 11eWR. -7 ,,qq//JJ /y��2 �/� BS EMS KNOWK4RJU1Nr ` �. . . UIGC.[. .7�.L ZLGL4:!y✓ r MRURw tVKheQM MIIM that the same is a weekly newspaper of genera: znirar- circulation and printed and published in the OW% Y S Rwrd`M ealatriaallaiV town of -. Q L2;t.I1— at itY. Gaialtrara in said county and state; that the notice cr adver -rM tisement, of which the annexed is a true copy. - - has been-published in s iz '..eek:y r? sn pe_ DOCKET NO.IBM • for _. / consecutive IWL:ICART weeks: that the nature was published :n the S.tint R.O,Ilea regular and entire issue et every number of said 71r1YaCdr WM newspaper during the period and time of publ:- pAYEb: Ya1L Ulf cation of said -notice and in the newspaper proper and not in a supple.nent thereof; .hat the TAME first publication of said notice was contained a.. - I PIiIT:JNe RY SPeW'1MNr the issue of said newspaper rearir.r. date Ili.. -roll Fle1R�IR1R-ASFMeI frlo .�G� ]a eZ 'LEGAL OESCRI►T K..17 day of ,..9274 � ., .. �3 .. and the last pubiicahen Qf : in t o issue o: Part-e bellow 33.-Tewaship p said newspaper bearing date, the -/1 day c. II0r1e•A► fMr%ammo 42 ee�nt,NTII!{M — �17. -{{ 19/74 that the sera P-M"Wettco itY,C0YiN' y/c�� 9 J BOARDOCYOOUtl � N�TY WELD COUNTY,COLORADO has been published continuously and unintermpt • edly during the period of -at least fifty-two con- - BY:MARY ANNFEUERSTEIN secutive weeks next prior to the firs• issue thereof COUNTY ORDER ANO containing said -notice or advertisement - RECORDER OERANO _above CLERK TO TKO ROARO referred to: and that said newspaper was at the - RY:(Lew-:L Poem,Deputy time of each of the publications of said notice duly qualified for that purpose within the mean- ing of an act,-entitled, "An Act Concerning Legal Tallsone**isa 1e1Rer Notic-es, Advertisements and -Publications, and TeeraMw.MY U.11H. - the Fees of Printers and Publishers thereof, and •�'�'•' - to Repeal all Acts and Parts of -Acts in Conflict with theProvisions of this Act," approved April 7, 1921, -and all amendments thereof, and-particu- larly as amended by an act approved, March 30. 1923, n act approved M y 18, ublisher Subscribed d sworn to before-me this _7.7 day of _ . GIffee _., A.D., 197,2— , My commission expires �LT 7 UpOZ- _ Notary Public Affidavit of Publication STATE OF COLORADO ss. County of Weld, Paula A. Barton of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE,'and THE GREELtY REPUBLICAN that the same is a -daily newspaper of general circulation and printed and -published in the City of • Greeley, in said county and state; that the notice or pr x -'V advertisement, of which the annexed is a true copy, has . weorso ' been published in said daily newspaper for consecutive ins , . ru (days) *mks:), that the notice was _published in the • -wu regular and entire issue of every number of said newspaper during the_period and time of publication of said notice, and in the newspaper Hot w ""`. Nproper and not in a supplement thereof; that the first -publication of said , notice was contained in the issue of said newspaper A - eT.l -�'. bearing date amint s-fteracendostaA DATE:MANISIAfe! -111a;r-p P.M. Tenth RigeogTh CANS Y-� Icommorei*Npa��{�� n day of May A.D. 19 8? Lrammat'iPli tet t and the last rite saa so W 1 publication thereof; in the issue of said arQxrler 01 mom' -` ',Io= ro. MA newspaper bearing_fate the worth,r M , on*.men, of rb id upringisen -" "co Tenth 4ANYIVAM en M MR1M .IWayl»414**110. am day of May A.D. ls3$z xn.yuerW .aMance a leek. shwa �taett_ ro.eaa that said The Greeley Daily Tribune and The Greeley en.-iraa rrs uIt1$ Republican, has been published continuously and nn O uninterruptedly during the period of at least six owners 1.400.0 wM mG:2 ,. 7011080 months next prior to the first issue thereof contained SAS so oft. said notice or advertisement above referred to; that said th. es WNW of al$1 �,err.revhrirtc.a ,,, 4.sl.fea newspaper has been admitted to the United States aomr a eeamaxP mailsas second-class matter_under the provisions of the senamaaorNN.. DATBD:Aaru I'Q7 _..''.COUNTY S1Qoo Act of March-3, 1879, or any-amendments thereof; and peipco daily newspaper duly qualified aouiiT Eye 1M that said newspaper is a news a er for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. • May 10, 1982 Total charge: $17.98 t -- Advertising Clerk Subscribed and sworn to before me this 10th ay of Ma A.D. 1982 My c missio -expittq • 19,26 Notary-Public BEFORE 1_ WELD COUNTY, COLORADO PLANNING iMMISSION (C1- RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONED C�UM11 t SSI Date April 6, 1982 Case No. Z# 362:82:4 +tt; 'i oirat APPLICATION OF Chris and Cheryl Schellenber / / ADDRESS 5609 Weld County Road 79, Roggen, Colorado 80652 f._ L111 Moved by Jack Holman that the following resolution be introduced `11~n for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for rezoning from "c-i" ( commercial District) to "A" ( Agricultural District) covering the following described property in Weld County, Colorado, to-wit: Part of the NE1, Section 4, TIN, R62W of the 6th P.M. , Weld County, Colorado be recommend (favorably) (Linthamonablva to the Board of County Commissioners for the following reasons: She Weld County Planning Commission recommends that this request be approved for the following reasons: 1. The applicant has complied with Section 21.7 et. seq. of the Weld County Zoning Ordinance application requirements. 2. The request is in conformance with Section 21.5.1.1 of the Weld County Zoning Ordinance as follows: - The proposal to rezone to agriculture is consistent with the Weld County Comprehensive Plan. The County Comprehensive Plan identifies that this area is intended for agricultural activities and activities related to agriculture and agriculture production without the interference of other incompatible Motion seconded by: Wilbur Wafel Vote: For Passage Wilbur Wafel Against Passage Bob Hall-eran Bob Ehrlich Jack Holman Bill Diehl Fred Otis The Chairman declared the Resolution passed and ordered t'latacertified 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 6, 1982 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 8th day of April , 1982 . Secretary 804-80-050 Z-362:82:4 Chris and Cheryl -Schellenberg A changes of Zone 'from "C-1" (Commercial -to "A" (Agricultural Part of the NE1 , Section 4, TIN, R62W of the 6th P.M. , Weld _County, Colorado Pagel land uses, e.g. urban commercial. - The subject property is presently used as an air strip for Air Duster, Inc. , a family awned aerial trop spraying business. This kind of activity would :be acceptable as a Use 'by Special Review in an agriculture district and in accordance with the Comprehensive Plan and the Weld County Zoning Ordinance. - - The uses to be allowed would be compatible with surrounding uses which -are agricultural. - Adequate utilities are presently an the site which is served by Weld County Road 79. The subject site does not exist in any Overlay Districts. - No commercial minerals or moderate or severe soil conditions affect the Change of Zone request for this site. RA:rg SCHELLE' ?RG ZONE CHANGE Commercial District ttoo Agricultural District Z- � LEGAL DESCRIPTION: j The East 360.00 feet of the ',,,///NIµ Corm► I NE Cone NEI/4 /)Soe oe.4. 59°53.36"W . - S .4,1IN,R62W. Northeast one—quartet of " �/ --- Section 4, Township 1 North, `/ Il..nsr. Nina 360.00 I _ _ - Range 62 -West -of the 6th Principal Meridian, Weld County. Colorado, more ig-sa-o particularly described as: -BEGINNING at the _Northeast corner of _said North- east one-quarter; thence _N89' 53'36"-i on xis an assumed bearing along along the North line of said Northeast one-quarter a distance of 360.00 feet; thence S00-00 ' • N 00"E parallel to the East line of said N CONTAINS o ti Northeast one-quarter a _distance of , !1.ls! ACRES ,14 �o sionar NN. 2657 . 12 feet to a point on the South N I b lira of said -JortheaEt one-quarter; s. I „ CC thence S89-4b ' 5rE along said South line ;' A a distance of 360.00 feet to the South- o li� east corner of said Northeast one- o I 83 quarter; thence N00"0OO' 0"E along the gl o a-O East line of said Northeast one- in -O quarter a distance of 2657 .82 feet I SCALE: to the POINT OF BEGINNING . (N.aBp0' 3 CONTAINS : 21 .962 acres more or less . I I ON I No Nt 1/4. °..r W KIM I SE Car 36aD0 NE I/4. • ISE Owns Soc.4. SURVEYOR' S CERTIFICATE : -I hereby certify that this plat was prepared meillypia F0.,,• my supervision and that the same is correct to the best of my knowlQ'7 ,�' belief. ° o :� ': �4 2 /982 ' � :�, Daze to , , b' � / °� / .,�� Cecil R. Crowe u►o. 4 �' Colorado RLS NO. 12330% �ti1,1/10 ..-c• PROPERTY OWNER' s APPROVAL: I, , being the sole owner (s) in fee of the above described property, do hereby request the zoning as shown on the attached map. ,o () ^ y` �� ` % OuA? e q . � p / The foregoing _certification was acknowledged before �mleJ this P Fayilt-It A.D. , 19 4'Z. Witne my hnd and eal. My commission expires : - - 'y Notary Public PLANNING COMMISSION CERTIFICATION: This is to cert fy that the Weld -County Planning Commission does -hereby recommend to the Board of Commissioners, -Weld County, Colorado for their confirmation, apprbval and adoption of this zone change as Ighown and described hereon this day of , 19 - Chairman, Planning _Cormnission• - BOARD OF COUNTY COMM/SSIONERS CERTIFICATION: This a TOtERTIFY THAT THE BOARD OF COUNTY COMMISSIONERS, WELL COUNTY, COLORADO 60 HEREBY CONFIRM, APPROVE AND -ADOPT THIS ZONE CHANGE AS SHOWN AND -DESCRIBED HEREON THIS DAY OF _, I9-• ATTEST: COUNTY ZLtRK CHAIRMMN,4OARD OF COUNTY _COMMISSIONERS P^'ORO'.D' r I MAILING LIST CHRIS AND CHERYL SCHELLENBERG Z-362 Estate of Joseph and Barbara Krensbach c/o Stephen Krebsbach Garden Plain, Kansas 67050 Vincent Buchholz 5254 Weld County Road 79 Roggen, Colorado 80652 Joseph E. and Elaine M. Sigg 6971 Weld County Road 77 Roggen, Colorado 80652 Heirs of John T. and Robert F. Klausner c/o Harold M. Klausner 6858 Weld County Road 79 Roggen, Colorado 80652 Katherine V. Lederhos 122 North 2nd Street Sterling, Colorado 80751 CASE SUMMARY SHEET Case Number : coz-362:82:4 P. C. Hearing Date : April 16, 1972 Applicant : Property Owner : Chris Schellenberg Chris Schellenberg Size of Parcel: Staff Member to Contact : 21.962 acres, more or less Rod Allison Legal Description: Part of the NE1, Section 4, T1N, R62W of the 6th P.M. , Weld County, Colorado Location: • 7 miles southeast of Roggen • Existing Zoniig: "C-1" (Commercial) • Request : To change existing zoning to "A" (Agriculture) Possible Issues Summarized from Application Materials:• None • • RA:rg REZONING APPLICATION Case #: 6© z-3Q 2/ Dept. of Planning Services App. Ch' d By: Date Rec ' d: 915 10th Street App. Fee : Receipt ] : 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: East 360 ft. of the NE'; of Section 4, Township 1 North, Range 62 Nest of the 6th P.M. Weld County, Colorado. (If additional space is required, attach an additional sheet) Property Address (if available) : 5609 WCR 79, Roggen, Colo 80652 PRESENT ZONE Commercial PROPOSED ZONEAgriculturalTOTAL ACREAGE 21.962 OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Chris A. F, Cheryl A. Schellenberg Home Telephone # : 849-5221 Address : SOUS 4CR /9, Roggen, Colo 80652 Bus . Telephone # : same / or 732-4569 Name : Home Telephone #: Address : Bus . Telephone # : Name : Home Telephone # : Address : ' Bus. Telephone # : Applicant or Authorized Agent (if different than above) : Name: Home Telephone #: Address : Bus . Telephone ¶ : Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor ' s Office : Name: Chris A. G Cheryl A. Schellenberg Address : 5609 NCR 79, Roggen, Colo 80652 (Not currently leased) 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 O ) (A " J-� STATE OF COLORADO '�_/y1y S 1�� Owner or Aut r z i natu Owner or Authoriz Agent Subscribed and sworn to before me this 9th day of February , 19 82 SEAL -c6 NOTARY PUBLIC My commission expires : 3-4-82 V (- To: Board of County Commissioners Weld County, Colorado From: Chris A. and Cheryl A. Schellenberg Re: Statement of facts to reply to determinations to consider Rezoning Request. 1. The rezoning request is consistent with the Comprehensive Plan, winch promotes agricultural zoning and which will amend current commercial zonings—which is not totally correct -for the present usage. 2. Future use would be agriculturally related services in an agricultural zone. 3. Deep well water is proven available on the site and lot size permits adequate septic tank installations. 4. Graveled and maintained (Veld County Road 79 fronts the property. 5. There are no flood hazards at the location; the location has no known geologic hazards; only oil or gas abstraction would be a contemplated mineral use; soil conditions are average for the area and present no unusual conditions for any construction. Reference would be new home construction at the location in 1979 under Weld County inspection. Date: 2-9-82. /?e.Iz /: _ /„ /eJte /u(per X Board of County Commissioners Feb, 9, 1982 Weld County, Colorado ?fear Commissioners: In addition to the brief answers supplied for the list of determinations for both the recorded exemption and rezoning applications, I would like to provide additional background information to support the applications. First, I would like to explain the business relationship of two family-owned businesses with the applications. The -businesses are Air Dusters Znc. , an aerial crop straying service and Schellenberg Bros. Oil, which supplies Standard Oil bulk produ-cts to the area farm community. In 1969, I made application to Weld County for commercial zoning to the one-half mile long, 20 acre parcel and purchased the ground for the then intended use of providing an alternate north-south airstrip for Air Duster planes and to ware- house the Standard Oil products at the site. A grass airstrip was put in place and has been USE-d continuously, but in the early 1970's, the oil business had some -quick changes and the plans to move that business from Roggen were dropped. Instead, we had to purchase Standard Oil's facilities in Roggen and moving that business is not now practical as a current or future consideration. Since the original 1969 zone change application, operation of Air Dusters has remained basically unchanged. The hangar and main east—west airstrip are still located at 6458 Weld County Road 73, which is owned by my -father, Carl. Schellenberg. My brother Dan Schellenberg and- I now pilot the crop planes exclusively and no other pilots are employed. I built a new home at the south 2nd of the land submitted for change and I want to sell a parcel at the north end to my brother, Dan, so that he could move from Roggen and -build at that location. In the summer, during the crop spraying season, it is not unusual to get up at 3:30 or 4:00 A.M. to get the planes loaded and ready, and then have a wind tome up that will delay flying. If we both lived next to the airstrip, we could have the -planes waiting- there and could both be at -home where we could get a few extra minutes of rest or do other work while waiting for changing weather. In addition, radio facilities and other required transportation could be combined and -better utilized from a single location. As it is mow, we seem to waste lots of time and vehicle wear and tear, just coming and going. • .Y -Z- Since Weld County would like to reconsider the current isolated commercial zoning in the basic agricultural area, I have no objection to combining the recorded exemption application with a rezone request back to agricultural. However, with the rezoning request, I would also like assurance that the use of the airstrip can continue, and that at some future date we would be per- mitted to erect a hangar for the planes. Realizing, of course, that zone requirements tan change, but that under present guidelines it would be a valid request and one that would have reason to be granted. Sincerely, e Chris A. Schellenberg X lil • 4 5I I 1 �, RrnlO. Oral '�' 1 1 t y) -� - I\� �� -- __ — 48 JII • • 1 • • 5 RllprJl, / Ice 2. Cara. - (_ __ ,• � RS — In,II 46 '` 'A/2MOION �'fiiio • . Lan it / _ , `_ may; 44 » a• » t0 Y _ Winn• • 4 N. —Z .r Coll , r.• .. ' -» a w a t• t dr a •--• aiw •iena,. .. • - . \7 �• 42 » '� -ice =.,. 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Se . 1 1 t 41 s i32 3� ` `ta Y xy o v: ' • N 4 •. ^i J.., II 0 , •a e f' i Mi , \ Y. yf_. Oi , / • r'ice! Z AY 1 t i 4. Ti '* 5 f 0 •i.,,, .\ , `A. \^ in x ' *990 •' i a Y xi / A ___ ._ t ° Y 4862 ,(/gy)"') / \} .. r: µt. 91. mkl. ' ,\ - a4(H7- t , , 14 DATE: AT 19, 1982 TO: The Board of County Commissioners Wald County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 26th day of May, 1982 at 2:00 P.M. Docket No. 82-19 - Chris and Cheryl Schellenberg, C0Z - C-1 to A OFFICE OF THE CLERK TO THE BOARD JDeputy the above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD DF COUNTY LOMMISSIONERS WELD COUNTY, COLORADO - C--./[.. L- . _ Hello