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HomeMy WebLinkAbout800026.tiff `' "tf _ U-31 APR 2 3 1980 • Recorded at ..-_... '— .. o'clock CJ Rec. tJa. .1823138 i ..,�u�r :.. State of Colorado, Weld County Clerk & Recorder RESOLUTION RE: GRANT CHANGE OF ZONE FROM E-ESTATE DISTRICT TO B-BUSINESS DISTRICT FOR COL-CAL PROPERTIES, LTD. , 2783 SOUTH MEADE, DENVER, COLORADO 80236 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 16th day of April, 1980 at 2: 00 o' clock p.m. for the purpose of hearing the appli- cation of Col-Cal Properties, Ltd. , 2783 South Meade, Denver, Colorado 80236, requesting a change of zone from E-Estate District to B-Business District for the following described parcel of land, to-wit: A tract of land located in the Northwest Quarter of Section 23, Township 5 North, Range 66 West of the Sixth Principal Meri- dian, Weld County, Colorado, and being more particularly described as follows : Commencing at the Northwest Corner of said Section 23 and considering the West line of said Northwest Quarter to bear South 00°04 ' 45" West with all other bearings contained herein being relative thereto; Thence South 00°04 ' 45" West along said West line, 370. 00 feet; Thence South 89°55' 15" East, 140. 00 feet to the True Point of Beginning; Thence North 81°30 ' 32" East, 948. 00 feet; Thence South 08°29' 28" East, 350. 00 feet: Thence South 81°30 ' 32 " West, 362 . 69 feet; Thence 268 . 36 feet along the arc of a curve to the left whose radius is 280. 00 feet , central angle is 54°54°52" and chord bears South 54°03 ' 06" West, 258. 21 feet; Thence South 26°35 ' 40" West, 211. 60 feet; Thence North 39°24 ' 20" West, 240. 00 feet; Thence South 50°35' 40" West, 129. 98 feet; Thence North 85°22 ' 01" West, 113. 98 feet; Thence North 04°37 ' 59" East, 490. 00 feet to the True Point of Beginning; Said tract of land contains 9. 862 acres, more or less . WHEREAS, Section 8. 2 and 8. 3 of the Weld County Zoning Reso- lution authorizes the Board of County Commissioners to grant a change of zone upon the showing by the petitioner of certain facts, and 800026 K 1823138 WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of thepetitioner and the recommendations of the Weld County Planning Commission, and having been fully informed, is satisfied that the request for re-zoning complies with the Weld County Comprehensive Plan and the conditions set out in Section 8. 2 and 8. 3 of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the petition of Col- Cal Properties, Ltd. for a change of zone from E-Estate District to B-Business District on the abovedescribed tract of land be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated March 4 , 1980 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, `COLORADO e (Aye) C. W. Kirby, C irman t3ur1,amA d. wet (Aye) L onard L. Roe , Pro-Tem (Aye) Norman Carlson //�� � � �(,[irI1,41 !/ (Aye) Lyd Dunbar sii rj ATTEST: e ° "^."<�..1✓ ..a-'t-7 °•s Rxv rc,' ABSENT June K. Steinmark Weld County Clerk and Recorder and Clerk to the Board,-, By. 1/4,1-1 - - C a i�--rr4'urz"._! Deputy County Clerk APRRO ED AS TO FORM: V County Attorney DATE PRESENTED: APRIL 21, 1980 COL .AL PROPERTIES, LTD. ZONE CHANGE "E" ESTATE District to "B" BUSINESS District 1- 331 90:2 Northwest corner Sec. 23, T. 54/.., R.66111. Quarter cox. See.23 .- S.89°2/45'E 264? 69' ' on S.U Hwy.. NO. 34 BYPASS 0 Q �. N..81•3o'32-6 ._ 948.00, it es'ssys'- • o ti ::rso.00 :_ W CO Dye point of Begrnnrn9 h 9.862 -Acressc pfe $ a - - 0 ic a Present Zone E .._ eusiness t.• o Requesters. gone "B ° iu3(oZ.G9 $ h ' s.Br3o'32-W' �1 t. �r , :r) _ Q � � R:280.00` (3r-.4-- 4:54°54'52 4:.54.°5652' °35A , c_sae.a6' 1S �444 4o Z 0, o 3' 0 T=x45.49' _-..... //.3 98'Azativerv sN 0O__-�\\ h -------- S'.54•0306'Ite„uil9 ! 4'h o mo' zoo':M aa Seale: "°200' sib .West Quarter corner ; ? Sec. 23 _ _ :y LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER.OF SECTION 23, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE SIXTH:PRINCIPAL MERIDIAN, WELD COUNTY., COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 23 AND CONSIDERING THE WEST LINE OF SAID NORTHWEST QUARTER TO BEAR SOUTH 00°=04' 45" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE.::THERETO, THENCE.::SOUTH::00° 04' 45" WEST ALONG SAID::WEST LINE, 37000 FEET: THENCE SOUTH. 89°:;55' 15" EAST, 14.0:00 FEET TD:=THE' TRUE ::POINT OF BEGINNING, pi THENCE NORTH 81° 30' 32" EAST, 948:00 FEET, g "4g D THENCE SOUTH 08° 29' 28" EAST, 350.00 FEET d /, S THENCE SOUTH 81° 30' 32" WEST.,_362.69_FEET; f THENCE 268.36 FEET ALONG THE ARC OFA CURVE TO THE LEFT. WHOSE RADIUS IS 280.00 FEET, CENTRAL ANGLE IS 540 54' 52" AND CHORD BEARS SOUTH 54° 03' 06" WEST 258:21 FEET; THENCE SOUTH 26° 35'490" WEST, 2I160 FEET; THENCE NORTH 39° 24' 2:0"-3JE t', 240.00 FEET, THENCE SOUTH 50° 35'. 40" WEST, 129.98 FEET; THENCE NORTH 85o 22' 01" WEST, 113.98 FEET, THENCE NORTH 04° 37'; 59" EAST, 490.00 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 9. 862 ACRES, MORE OR LESS. • McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colorado 80631 SHEEP x of 2 °�"" PRo✓, 78092 COL-CAL, PROPERTIES, LTD. ZONE CHANGE "E" ESTATE District to "B" BUSINESS District Z-331 =80:2 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION ON DECEMBER 6, 1979,. AND THAT THE SAME IS CORRECT TO THE B T OF MY KNOWLEDGE AN BELIEF. d'& r„ " GERALD B. McRAE ..*" R COLORADO P.E. & L.S. .NO. 6616 . -. .. a..t.r...w.. _r 4...:.x.4 ♦. .. � -. �.. y Y � - t F - J 4 Y t cIL,•a PROPERTY OWNERS APPROVAL COL- CAL PROPERTIES; LTD BEING THE SOLE OWNER(S) IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY REQUEST THE ZONIN AS SHOWN ON THE TT HED MAP Gene / &P7 ied- THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS /91% ZtCLr ' A.D., 19-71 WITNESS MY HAND AND.SEAL MY OMMISSION:EXPIRES: , OFFICAL SEAL CONNIE.:BiNFOFID it.r�'1"y? �a4tr.Qr�•sue,.,.uurottNu: �. e- PRINCIPAL OFFICE IN �`-- ...._.LOS ANGELES COUNTY_.__ 4 _...... ._.�.,.COmmission ExptSsi Mat.:30:1981 - NOTA C PLANNING COMMISSION CERTIFICATION THIS IS TO.-CERTIFY"THAT THE. WEIO COUNTY PLANNING COMMISSION DOES HEREBY RECOMMEND TO THE BOARD OF COMMISSIONERS, WELD COUNTY, COLORADO FOR THEIR CONFIRMATION. APPRIAL AND ADOPTION OF THIS ZONE:CHANGE;AS SHOWN AND DESCRIBED HEREON THIS DAY OF W cn c r . 194_9, CHAIRMAN, -PLANNING 'COMMISSION BOARD OF COUNTY COMMISSIONERS CERTIFICATION THIS--IS-TO CERTIFY THAT THE BOARD OF COUNTY-COMMISSIONERS, WELD COUNTY;, COLORADO= _- DOES HEREBY 40(JFERM, APPROY ANQ ADOPT THIS ZOt CHANGE AS SHOWN AND DESCRIBED HEREON THIS DAY OF . :194 ATTEST: �A // `yy Alt;mint (tea COON Y L t1. f ERK . - CHAIRMAN, BOARD OF CO., COMMISSIONERS PUTY RECORDED: DATE; SHEET 2of2 N1cRAE & SHORT, INC: 1227 - 8th Avenue Greeley, Colorado 80631 PRA/. 78090 A public hearing was conducted on April 16 , 1980 at 2: 00 P .M. , with the following present: BILL KIRBY CHAIRMAN LEONARD ROE COMMISSIONER NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER -. JUNE STEINMARK COMMISSIONER ABSENT Also present: ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM BONN The following business was transacted: I hereby certify that pursuant to a notice dated March 10, 1980 and duly published March 13 and April 3, 1980 in the Platteville Herald a public hearing was held on the request of COL-CAL PROPERTIES, LTD. FOR A COZ FROM B TO E AND A COZ FOR E TO B. • Mr. Honn read the Planning Commissions ' favorable recommendations and related- conditions to the COZ requests. Mr. Roger Houtchens, attorney, was present on behalf of the applicant. There was no opposition to these requests. Commissioner Carlson made a motion to approve the COZ request from B to E. Commissioner Roe seconded the motion and it carried unanimously. Commissioner Carlson made a motion to approve the COZ request -from E to B. Commissioner Dunbar seconded the motion and it carried unanimously. • CHAIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: /r O,tt,F (2n..,,A.il. _'c^.cVt irLi L WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOAR6 `- Deputy County clerk DOCKET 080-21 (E to B) l/ TAPE L 80-22 (B to E) TAPE ,: 80-28 LHR2012 (B to E) L.11 2013 (L To B) NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, 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. 80-21 Col-Cal Properties, Ltd. 2783 South Meade Denver, Colorado 80236 DATE: April 16 , 1980 TIME: 2: 00 P.M. REQUEST: Change of Zone, from E (Estate) to B (Business) LEGAL DESCRIPTION: A tract of land located in the Northwest quarter of Section 23, Township 5 North, Range 66 West of the sixth Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Commencing at the Northwest corner of said Section 23 and considering the West line of said Northwest quarter to bear South 00°04 ' 45" West with all other bearings contained herein being relative thereto; Thence South 00°04 ' 45" West along said West line, 370. 00 feet; Thence South 89°55 ' 15" East, 140.00 feet to the true point of beginning; Thence North 81°30 ' 32" East, 948. 00 feet; Thence South 08°29 ' 28" East, 350 . 00 feet; Thence South 81-°30' 32" West, 362. 69 feet; Thence 268. 36 feet along the arc of a curve to the left whose radius is 280. 00 feet, central angle is 54°54 ' 52" and chord bears South 54°03 ' 06" West, 258. 21 feet; Thence South 26°35 ' 40" West, 211. 60 feet; Thence North 39°24 ' 20" West, 240 . 00 feet; Thence South 50°35 ' 40" West, 129 . 98 feet; Thence North 85°22 ' 01" West, 113. 98 feet; Thence North 04°37 ' 59" East, 490. 00 feet to the true point of beginning; Said tract of land contains 9. 862 acres, more or less. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: KEITHA WHITE, DEPUTY DATED: March 10, 1980 PUBLISHED: March 13, 1980 and April 3, 1980 in the Platteville Herald , . . � itat Wacattoo Pursuant W the aoNns lawn of AFFIDAVIT OF PUBLICATION the State of onit'ado end the Weld Comity Tuning Resoluttai,. the hearing h ng will be held hi the.Chamber of the Board d of THE JOHNSTOWN STO W N BREEZE . Commissioners STATE OF COLORADO ) Weld County y1 ss. -time elected.'AII°' ° at COUNTY OF WELD ) wlittmer lute 1n .1101 I,I, Eugene Thomas, do solemnly swear lr °dd and:.. that I am publisher of The Johnstown belteara , _.,'w, may , Breeze; that the same is a weekly BE IT ALSO KNOWN that the newspaper printed, in whole or in part, and teat and napaw certified by me published in the County of Weld, State of Colmaybe Px°a fined1a 'ie Office sion Colorado, and has a general circulation of tits Clark to the Board ofted therein; that said newspaper has been auntyCo nfno;le nero, located in the Weld County Centennial published continuously and uninterrupted- `CF�rr,Greele Coloor°a`do.Trim ly in said County of Weld for a period of DOCKETNO.80:21 more than fifty-two consecutive weeks APPLICANT prior to the first publication of the annexed DOl-catPee . . legal notice or advertisement; that said 278a Meade newspaper has been admitted to the I}enver, do 80238 United States mails as second-class matter DATE: Apf'll16, 1ee0 under the provisions of the Act of March 3, TIME: 2:00 P.M. 1879,or any amendments thereof,and that REQUEST Chan of zone, said newspaper is a weekly newspaper from P,-(Saute)toI(Business) duly qualified for publishing legal notices LEGAL, DESCRIPTION: A and advertisements within the meaning of tract of land located `m the the laws of the State of Colorado. Northwest utarter of Section 23 Township S North Flange 66 That the annexed legal notice or West of the Sixth ,Principal Meridiat�,. Weld County, Colo. advertisement was published in the redorely*Scribed-JWoes: icu- regularnumber of tle d being Woes:pe.. g every Comment at the Northwest said weekly newspaper for the period of c«uider°1tnrnm�uon line�ofsa end d / consecutive insertions; and that the • NorthW dt-quartertd bear South 00 degree*04'46' West with all first publication of said notice was in the other beaWtp son n�.ed herein bein relative the issue of said newspaper dated.AP r 3 limes tail along saidth garo�� Acofi<utneeaettb�IF 3e" A.D. 19 8O , and that the last publication East,140.00 feet to the true point of said notice was in the issue of said Thence orth 81 degrees 80 82" 41"' 3 g° East, e46s0 feet; newspaper dated p A.D. 19 Thence South 08 degrees 29' 28" In witness whereof I have hereunto set East, 860.00 feet; Thence e26ufeeta° °°60 my hand this pill day of AP , Thence 268.86 feet along the arc of a curve to the left whose A.D. 19 C/O radius is 280.00 feet central angle Is 54 degrees 54t 62" and chord bears South 64 degrees 08' 06" West, 258.21 feet; 1/.2't)-4- Thence /�q.�._,c,_ Thence South 26 degrees 85'40"W North feet; 24'20" Publisher. West, 240.00 feet- Thence South 50 degrees 86'40" West, 326.06 feet;' ., Subscribed and sworn to before me. a Thencee ��st',degrees. • 2s'o3^ Notary Public in and for the County of Thence North 04 degrees 87'59" ofast,490.00ffeettoth`etruepoint Weld,State of Colorado, this /� ~ day Said.Fract of yyo�s�a contains 9.862 acres,more or'less. - of /),P h A.D. 19. Q THE BOARD OF COUNTYCOMMISSIONERS //�/) v// } . WELD COUNTY COLORADO .I, H '�. a ry / Notary Public. MARY ANN COUNi•Y�4E AND My commission expires... .A./.7 /9617 RECORDER AND CERK Y9. TO TFM BOARD By:Ketthe White,DDeputy. DATED:-March 10,.1%0 , _ S, I{ p1�NagOa a pd 4oi ltewn aae.ell k 1g68 Co.Regal 804—Clerk-to-Seerd Affidavit of Publication STATE OF COLORADO ss. a nI County of Weld, ,F' •x, Ii°.'° 1, Alice J. Garland of ^a#"'* ' said County of Weld, being duly sworn, say that I am ".' A 't'"3 Artto Vet*. „,..',.i. 4.a0° an advertising derk of -4,v,„‘„,„„,, THE GREELEY DAILY TRIBUNE, and "t trN text " 4;tiaty. ntnat; THE GREELEY REPUBLICAN -,/.44-54,t`,t It od er t 'r that the same is a daily newspaper of general _ +IJ? circulation and printed and published in the City of 2 ' ,@Zew°d°•,. Greeley, in said county and state; that the notice or y r advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive ',4 , "IS (days) (weeks); that the notice was published in the •' 1wl:c rybc regular and entire issue of every number of said tk,� »ry ? newspaper during the period and time of publication of ormwn said notice, and in the newspaper proper and not in a at 3 9n.swtn; supplement thereof; that the first publication of said notice was contained in the issue of said newspaper n,per C t' ri bearing date M87' ,milder �°t -Netm9e.t Seventh , �N w^tams dr,Wont day of April A.D. 19J0; r .a: bAq,trice . and the last publication thereof; in the issue of said yp'rnaxe q newspaper bearing date the N twat te y T . I' wr,,.ra Seventh T7%.*fooptwe rrea"u°'°. day of April A.D. 19 80. , ik of ti li.10 iiiit,O `: �y< ,, that said The Greeley Daily Tribune and The Greeley .act oo•tearcof° Republican, has been published continuously and 4#4"*I*noileciks is rM t""1/4'1.62."" **l.,+lfleum.3 02'ea'• uninterruptedly during the period of at least six ' °F1`i t ""1/4,u.c2rov months next prior to the first issue thereof contained TA.erid M.os-440 •.L^Witt.2111* said notice or advertisement above referred to; that said Na; ,�y TM^ce_Nrittlt rite e••41i'Jt.710.00 newspaper has been admitted to the United States s.vta91e°J,N•wgt,12,9e mails as second-class matter under the provisions of the Tpegje Nrittn lJ°ee'Ot°W.N.,113.91 Act of March 3, 1879, or any amendments thereof; and -man lioth rew-y uric that said newspaper is a daily newspaper duly qualified f14tn,Js. stiawitmat4 for publishing legal notices and advertisements within t !Yoe �. the meaning of the laws of the State of Colorado. °•trial, anOP cOtiNta' - -'ttQRemG _po April 7, 1980 ` .R 'TOT 9,D_ 822.62 N+ 11fia 7. i tti cc- >- , /'✓/ct24JQ-iivL Advertising Clerk Subscribed and sworn to before me this 7th dacfof i April A.D. 19 80 - / My Commission explrel, Fei. 2E, lV32 My con/Mission/expires / 7 ' \'" Notary Public BEFORE TI MELD COUNTY, COLORADO PLANNING MISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date March 4, 1980 Case No. Z# 331 :80: 2 APPLICATION OF Col—Cal Properties, Ltd. ADDRESS 2783 South Meade, Denver, Colorado 80236 Moved by Jerry Kiefer that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for rezoning from E ( Estate District) to B Business a71 h District) covering the f o i described property in Weld County, Colorado, to-wit: pplY rmr7cpstIVIT ci - See attached 19$0 diHn J GREELEY. COLO. be recommend (favorably) {x x'atc) to the Board of County Commissioners for the following reasons: 1. The applicant has complied with Section 81. 7 et. seq. of the Weld County Zoning Resolution regarding the application requirements for a change of zone. 2. It is the opinion of the Planning Commission that this request is consistent with the Weld County Comprehensive Plan in that the property is located in the City of Greeley Comprehensive Plan area and the City of Greeley Planning Commission has set forth no -objections to this request. In addition, this request will accommodate future highway development by realignment of the Business Zoned property which as proposed, will not interfere with the development of the intersection of 47th Avenue and U.S. Highway 34 Bypass. Motion seconded by: Bette Kountz Vote: For Passage Bob Ehrlich Against Passage Fred Otis _ Jerry Kiefer Frank Suckla Bette Kountz Chuck Carlson 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 Tor further proceedings. CERTIFICATION OF COPY I, Shirley A. Phillips , 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 March 4, 1980 and recorded in Book No. VII of the proceedings of the said Planning Commission. Dated the 6 day of March , 1980 ms _'s `\, ;_� Secretary Date : March 4, 1980 CASE NUMBER: Z-331 :80:2 NAME: Col-Cal Properties, Ltd. REQUEST: Change of lone from "F" Fstate Zone District to "B" Business Zone District LEGAL DESCRIPTION: Pt NIA- Sec 23 T5N R66W LOCATION: Southwest corner of the intersection of 47th Avenue and U.S . Highway 34 Bypass THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1. The applicant has complied with Section 81 .7 et. seq. of the Weld County Zoning -Resolution regarding the application requirements for a change of zone. 2. It is the opinion of the Department of Planning Services staff that this request is consistent with the Weld County Comprehensive Plan in that the property is located in the City of Greeley Comprehensive Plan area and the City of Greeley Planning Commission has set forth no objections to this request. In addition, -this request will accommodate future highway development by realignment of the Business Zoned property which as proposed, will not interfere with the devel- opment of the intersection of 47th Avenue and U.S. Highway 34 Bypass. 3. It is the opinion of the Department of Planning Services staff that this request will be compatible with the surrounding land uses, will have adequate water and sewer service to serve the permitted uses within the proposed zone district, and will have adequate road and highway facilities to provide access to the property. -In addition, the property does not appear to have sand, gravel, or other mineral resources on or under the subject property and is not located within a Geologic or Flood Hazard area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. Col-Cal Properties, Ltd. Z-331 :80:2 PLANNING STAFF RECOMMENDATION The -Department of Planning Services staff -recommendation for approval is subject to the following items being accomplished: 1. Prior to development of the property the applicant shall submit written evidence that the Greeley and Loveland Irrigation Company is satisfied with the developer's proposal for location and protection of the Greeley and Loveland -Canal. 2. The applicant shall submit information which demonstrates how the moderate soil limitations can be overcome with reference to the construction of structures or facilities on the site. The Planning Commission shall determine that the applicant has demonstrated that such limitations will be addressed by the applicant, the applicant's successors or assigns prior to developement of the property. f Col-Cal Properties, Ltd. COMMENTS 1. The Weld County Engineering Department has indicated in a memo dated January 30, 1980 its concern with ingress and egress to the property. It is the applicant's intent to provide access to the property from a dedicated street -which is proposed in a pending application for subdivision development on a contiguous parcel to the south. CASE SUMMARY SHEET Case Number : Z-331 : 80: 2 P.E. Hearing Date : March 4 , 1980 Applicant : Col-Cal Properties, Ltd. Property Owner: _Same Size of Parcel : 9. 862 acres Staff Member to Contact : Chuck Cunliffe Legal Description : Pt. NW* Sec. 23 , T5N, R6UW Location: Southeast corner of the intersection of 47th Avenue and Hwy. 34 bypass Existing Zoning: Estate Request : Change of zone from Estate to Business Possible Issues Summarized from Application Materials: Moderate soil limitations for construction (refer to SCS letter dated January 25, 1980) . Location and protection of the Greeley Loveland Canal (refer to letter dated February 6, 1980 from Southard & Ashlock, attorneys for Greeley and Loveland Irrigation Co. ) s 4. , Affidavit of Publication STATE OF COLORADO, 1 ss. County of Weld, 1 1, —�.�•._'_L......I_�'s.__ a( NOTICf OF PUBLIC HEARING said County of Weld. being duly sworn, say that - The Weld County Planning Com- I am publisher of mission will-conduct a public �, hearing on March 6 1960 at 1:30 that the same is a weekly newspaper of general P.M. to review a ,request for circulation and printed and published in the approval of a change of zone from Estate Zone District to Business town of _—_._ •.• ; :•u__..-.i.!_.._ __ ______ Zone District from Col-Cal Proper- in said county and stale: that the notice or adver- lies, Ltd. on a parcel of land t isemenl, of which the annexed is a true copy, has -been published in said weekly newspaper _descr1b.das Pt. 14W94 Section 23, T5N, R66Wmf the 6th p.m., Weld / for _- consecutive County, Colorado containing 9,662 weeks- that the notice was published in the acres more or less. regular and entire issue of every number of said - -This public-hearing County g lode held by newspaper during the_period and time of paper the Weld County Planning Commis- cation of smd notice and in the newspaper sion for the consideration of, the proper and not in a supplement thereof; that the first publication of said nonce was-contained in • above referenced request-will be the issue of said newspaper hearing date. the conducted in the Weld County Commissioners' Hearing Room. . ,.:d1_ day of ...-_ 'tin then t--.7_, A.✓., 19 First Floor, Weld County Eenten-- and the last pubiicoticn therms<in the issue of nial Center, 915 10th Street' -_ said newspaper bearing date, the y i day et Greeley, Colorado. Comments or. ./ r` , 19 i • that the said /...1.3.....- Y j;;' objections related to the above -r'-! request should be submitted in y l _ r_ 2<(c - �'o zt r' L..... • writing to Me Weld County Depart- has been published continuously and uninterrupt. mentof Planning Services,915 lath edly during the period at at least fifty-two con- Street,Greeley,-Colorado 00631. secutive weeks next prior to the first issue thereof - before the-above date or presented containing said notice or advertisement above atlhe public hearing on March e, referred to; and that said newspaper was at the 1980 • - time of each of the publications of said notice, Copies of -the app'.¢ation are duly qualified for that purpose within the-mean. available for public inspection in ing of an act, entitled, "An Act Concerning Legal Notices, Advertisements end Publications, _and the Department of Planning Ser- the Fees of Printers and Publishers thereof,tnd vices, Room 310, Weld County to Repeal all Acts and Parts of Acts in Conflict Centennial Canter, 915 10th Street, with the-Provisions of this Act." approved April 7, Greeley, Colorado 1356.9000-exten- 1921, and all_amendments thereof, -and particu- lion 6W1. • larly as amended-by an act approved. March 30, - Chuck Carlson, Chairman 1923, an act approved May 1 1931. Weld CountyPlanningtommission Published in the Platteville �„ �'de�� Herald and -La Sane Leader Publis tr Thursday, January 31, 1980. Subscribed agcj sworn to before me this _!l /2� day of � ..... A.D., 19.ad • My commission-expires .-_.L _ +5 ____ Notary Public RI 1NG APPLICATION ,ASE # : Z--331 :E0 : 2 Dept. of Planning Services App. Ch ' d By : Cac Date Rec ' d : 1/23/80 915 10th Street App . Foe : 125 , 00 Receipt j : 11007 Greeley, Colorado -80631 -Record . Fee : 4 . 00 Receipt # : 160 Phone : 356-4000 , Ext . 404 TO BE COMPLETED BY APPLICANT. Tleese print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission end the Meld County Board of County Commissioners concerning the Troposed rezoning of the following described unincorporated area of Weld County, Colorado : LEGAL DESCRIPTION : see attached Exhibit A (If additional space is required, attach an additional sheet) Property Address (if available) : 47th avenue and U.B . 34 Bypass PRESENT ZONE rstat,a PROPOSED ZONE -$11Gj pcj TOTAL ACREAGE q, 0(pt OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: COL-CAL PROPERTIES .LTD. Home Telephone II : Address : 7781 Sn11th Meade Bus . Telephone # : (303)935-3473 nenver. Colorado Name : Home Telephone Jf : Address : Eus . Telephone Ip : Name : Home Telephone #: Address : Bus . Telephone # : Applicant or Authorized Agent (if different than above) : Name: Home Telephone # : Address: Bus . Telephone J[: Owner(s) of mineral rights on or under the subject properties of record in the Weld County Assessor ' s Office : Name : ('nT.-PAT, PPDPEPTTF.S LTD • Address : 9783 (.1nth r✓IPal1P nanver Colora-Ho Bot%(o 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. COL-CAL P-ROPERTIES, LTD. COUNTY OF LOS ANGELES ) STATE OF CALIFORNIA ) • er 'gnature : r or Aut or ' Agent Subscribed and sworn to before me thi ,,7/9e/tday of /T /.G_tcn , 19 7, b o OFFICAL SEAL G1 } r�r �� A).--:t ^ CONNIE BINFORD NOTARY -PUBLIC \j _ ) NOT/.R`Y-PUBLIC-CALIFORNIA y commissianr,exp!re,s : ,_ � _..309tr/ : IL Ar:GEL COUNTY `'{j Mytornmiaion 6:pires Mar.30, 1981 - ?,r. A Tract of Land located in the Northwest Quarter of Section 23 , Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Commencing at the Northwest corner of said Section 23 and considering the West line of said Northwest Quarter to bear South 0004 ' 45" West with all other bearings contained herein being relative thereto; Thence South 00°04 ' 45" West along said West line, 370 . 00 feet; Thence South 89°55 ' 15" East, 140 . 00 feet to the true point of beginning; Thence North 81°30 ' 32" East , 948 . 00 feet; Thence South 08°29 ' 28" East, 350 . 00 feet; Thence South 81°30 ' 32" West, 362 . 69 feet; Thence 268. 36 feet along the arc of a curve to the left whose radius is 280. 00 feet, rdentral angle is 54°54 ' 52" and chord bears South 54 03 ' 06" West, 258 . 21 feet; Thence South 26°35 ' 40" West, 211. 60 feet; Thence North 39°24 ' 20" West, 240. 00 feet; Thence South 50°35 ' 40" West, 129. 98 feet; Thence North 85°22 ' 01" West, 113. 98 feet; Thence North 04°37 ' 59" East, 490 . 00 feet to the true point of beginning; Said tract of land contains 9. 862 acres, more or less. EXHIBIT A LIST OF MINERAL OWNERS Submitted in conjunction with th-e application of Col-Cal Prop- erties Ltd. for a change of zone I. All coal : Union Pacific Land Resources Corporation c/o Tax Department 1416 Dodge Street Omaha, Nebraska 68179 II . All other minerals : NAME INTEREST ADDRESS Col-Cal Properties Ltd. 1/8 2783 So. Meade Denver, CO 80200 Dave W. Meyer 5/24 2900 47th Street Greeley, CO 80631 Lea Schick 3/36 Yoder, CO 80229 Sarah Schneider 3/36 1327 E. 73rd Avenue Denver, CO 80229 Esther Roth 3/36 3790 S. Delaware Englewood, CO 80110 Helen Preston 3/36 13202 E. Corak St. Baldwin Park, CA 91706 George A. Meyer 3/36 SE of Pierce , CO. 80650 Edward E. Meyer 6/36 29975 WCR 59 LaSalle, CO. 80645 Elmer John Meyer 1/132 237 Main Pierce, CO 80650 Dora Mae Ide 1/132 Box 158 Pierce, CO 80650 Jonathon W. Meyer 1/132 607 15th Ave Ct. Greeley, CO 80631 Frieda Mae Meyer 1/132 Rt. 1 , Box 427 Ault, CO 80610 Edwin J. Meyer 1/132 1415 23rd Avenue Greeley, CO 80631 Raymond H. Meyer 1/132 1014 3rd Street Pierce, CO 80650 Harry Let Meyer 1/132 915 N. 1st St. Johnstown, CO 80534 Shirley Bernhardt 1/132 2-700 C Street Greeley, CO 80631 Larry Ray Meyer 1/132 Highway 14 Ault, CO 80610 Edna Mae Meyer 1/132 Box 452 Ault, CO 80610 Jim Ray Meyer 1/132 Box 452 ,01?8 93 j/1.-\\ Ault, co 80610 y kr JAN 1980 vi N RECEIVED a oN Wel9 c57.1 Cicl �o LAW OFFICES HOUTCHENS, HOUTCHENS ANLD DANIEL 1007 NINTH AVENUE BARNARD HOUTCHENS GREELEY, COLORADO 80631 S.ROBERT HOUTCHENS TELEPHONE 353-9195 RODGER I.HOUTCHENS December 7 , 1979 AREA CODE_J03 JOHN B.HOUTCHENS JERRY C.DANIEL RIM ROBERT HOUTCHENS THOMAS A.HOUTCHENS Weld County Board of County Commissioners and Planning Commission Centennial Building 914 10th street Greeley, Colorado 80631 RE: Zoning Applications (2) of Col-Cal Properties , Ltd. Gentlemen/ Mesdames : This letter is submitted on behalf of Col-Cal Properties, Ltd. in conjunction with it' s two applications for rezoning and pur- suant to Section 81. 7. 4 of the Weld County Zoning Resolution. Col-Cal -Properties, Ltd. is currently the owner of approxi- mately 159 acres of land 10-cate-d in the NW4 of Section 23, in Township 5 North, Range 66 West, Weld County Colorado. Of this parcel of property, approximately 9 . 1 acres is currently zoned "B" Business and the balance of the quarter section is zoned "E" Estate. In anticipation of the future development and subdivision of the business-zoned district, the applicant has submitted two applications for rezoning. The net result of these two applications, when read together, is to effect a reconfiguration of the currently zoned Business dis- trict, leaving the -zone in generally the same location, but changing it' s shape to accomodate _future improvements -by the Department of Highways to the intersection of 47th avenue and U.S. 34-Bypass. The area encompassed under the current zoning contains 9. 1 acres and is rectangular in shape. It extends east from the intersection of 47th avenue and the Bypass 1320 feet, -and is 300 feet deep. The applicant proposes that the new zoning _district be reshaped so that -future development of the intersection would not be hindered of made more costly by a commercial development,- and so that the eventual commercial development could be better planned in relation to proposed highway improvements and existing geographical constraints . The -applicant proposes a slight increase of . 762 acres under the new configuration. This slight increase is to compensate it for the land which will be lost to actual use because of the -presence in the zone of the Greeley-Loveland Irrigation Ditch. The applicant does not contend that the current zoning is "faulty" . However, when the initial zoning of this parcel was undertaken, no provision was made for future ±mprovment of the intersection. In preparing this application , the applicant has worked closely with the Highway Department, and the propos-ad yH �r Weld County Board of County Commis-sinners and Planning Commission December 7, 1979 Page 2 "B" Business zone leaves ample room for the highways planned development. As one can see in comparing the existing zone with the proposed zone, eventual highway expansion would take so much of the _district that it would be very difficult, if not impossible , to plan and construct any functionally acceptable ar aesthetically pleasing business development. The new shape of the existing zoning district would allow both of these goals to be attained. The existing zoning district, as well as the proposed zoning district, is consistent with the Weld County Comprehensive Plan. The Comprehensive Plan calls for "Neighborhood Shopping Centers" in a frequency of approximately one per section of land (Compre- hensive Plan at page -65) . This area would be well suited, in it' s new shape, to a business use of the intensity described in the Comprehensive Plan. In addition, in it' s new shape, the area would frustrate any potential "strip zoning" (Comp. -Plan at page 58) . This type of unimaginative development is possible given the existing shape and location of the zoning district. The existing zoning district, as well as the proposed zoning district, is compatible with the surrounding uses in the area. Because of it's location with reference to the highway and -47th street (a major arterial) , increased traffic to the arca ran be dealt with easily and will not interfere with surrounding uses. Further, the Comprehensive Plan projects residential growth in the area surrounding the business zone. It is desirable to place neighborhood types of shopping centers within a convenient range of the population to service their needs. This zoning district is well located to serve those people. In summary, the applrations tendered propose the same type of use and intensity as is currently planned. The rezoning will not create anything greater or different than that which exists; it will only -change the shape of the zoning district. The rezoning will accomplish and accomodate future highway development by reshaping the zone so as not to interfere with development of the intersection. The current zoning district, as well as the proposed reconfiguration of that zone, is consistent with the Comprehensive Plan and with surrounding land uses. Respectfully submitted, HOIJTCHENS , HOU/TCHfNS AND DANIEL Thomas A. Houtchens Attorneys for Col-Cal Properties , Ltd. TAH: lr �• j SUPPLEMENT TO VICINITY AND LAND USE MAP Submitted in connection with application for change of zone Col-Cal Properties , Ltd. and pursuant to Section 81 . 7. 2. 3. 8 , 9 , and 10 of the Weld County Zoning Resolution. The following assestions and representations are based upon information provided to the applicant by the West Greeley Soil Conservation _District in it' s Standard Soils Map. 31. 7 .2 . 3 . 8 . There are no flood hazard areas on the property. The Greeley-Loveland Ditch runs through a part of the property. However, this poses no flood threat provided proper engineering precautions are taken. 81. 7. 2 . 3. 9. There are no areas of geologic hazard on the property. 81. 7 . 2. 3 . 10 . There are no -mineral resource areas on the property. S 4302 U. 9th St. Road, Greeley, CO. 80631 January 25, 1980 Ps. Thr .gas Houtchens 1007 9 h Avenu • Gracie_ ado 80631 The following is in answer to your request for soil information for a ten acre tract in the N1 of Section 23, Zup. 5I , Range 66W, Weld -County, Colo. The description of the property indicates the area in question is made up of two soil types: Otero sandy loam, 3 to 5 percent slopes (53-C) Vona loamy sand, 0 to 3 percent slopes (51-B) Attached are the soil -descriptions for these two soils along with a copy of the soil map for your information. Specific information requested: 1. moderate or Severe Limitations: Otero sandy loam has a moderate limits- don for the construction -of small commercial ibuildings due to slope. Vona loamy sand has only slight to no limitations for small commercial building construction. 2. Other Hazards or Limitations: Otero sandy loam has good characteristics for road fill. Vona loamy sand will provide only fair road fill due to low strength -characteristics. Both soils have only a slight water erosion potential, but exhibit high -wind erosion potential which indicates the need to maintain surface protection by permanent vegetative cover or other • suitable method. • 3. Prime Agricultural Land: Otero sandy loam, 3 to 5 -percent slopes exhibits • the properti-es that are considered prime farmland when irrigated as pub- • lished in the Federal :Register on January 31, 1978. Vona loamy sand, -0 to • 3 percent slopes, Is not prime farmland, nor is it considered to be high potential non-irrigated cropland. • If you have any questions, -please feel Tree to contact me. Sincerely, �� • • laf2�-r� c District Conservationist • Greeley Field Office '/ cct Weld County Planning Commission r a • z REFERRAL LIST APPLICANT Col-Cal Properties , Ltd . H CASE # Z-331 : 80 : 2 REFERRALS SENT OUT ON : January 25 , 1980 I o t W REFERRALS TO BE RECEIVED BY February 15, 1980 z H nO. h W W] O U z ai z REFERRALS RECEIVED X JAN 2 5 IMO County Attorney (plat only) X FEB 41980 County Health k JAN $ 0 1980 County Engineer City of Greeley Planning Commission c/o Mr. Ken McWilliams Greeley Planning Dept. .. Civic Center Complex Greeley, CO 80631 'P.C. 2/12/80 Colorado Geological Survey FEB 4 1980 1313 Sherman' Street Rm 703 Denver, CO 80203 Greeley SCS 4302 W 9th St. Rd. Greeley, CO 8D631 • State Highway _Dept_ FEB 14 WO 1402 2nd Street Greeley, CO 80631 Evans Planning Commission c/o Mr. LaVerne Ijames , City Manager P.O. Box 69 Evans, CO 8062D P.C. 2/25/80 Mr, Ed Boreson, Presi-dent Yc 8 Greeley-Loveland Irr. Co.FEB 808 23rd Avenue - Greeley, CO 80631 Ph 352-0495 Jerry Kiefer . 2120 Fairway Lane Greeley, CO 80631 t .. En 47 To Planning Commission Date January 30. 3980 COLORADO From Gin Olson. Utility Subdivision Administrator subject: Col-Cal Properties. TRD. (C.O.Z.) If this request is granted, caution should be taken that said requested Zone "B" is not land locked and provision should be made for ingress and egress -to a public road.14.4......---Gilman E. Olson Utility-Subdivision Administrator GDO:sad 1 , ir 3v� ..N. `?v,‘ , �. K JF. tNED op. c. ., toaoq cc-, 9,.,a_aeC,ts\ ion \�/ i I 1 1 . 3 { Col-Cal Properties Z-330 : 80 : 1 Z-331 : 80 :2 MINERAL OWNERS January 31 , 1980 Union Pacific Land Resources Corporation Edwin J. Meyer c/o Mr. J. J. Stevens Director of Property Management 1415 23rd Avenue Upland Industries Corporation Greeley, Colorado 80631 110 North 14th Street Suite 1000 Raymond H. Meyer Omaha, Nebraska 68102 1014 3rd Street Pierce, Colorado 80650 Dave W. Meyer 2900 47th Street Harry Lee Meyer Greeley, Colorado 80631 915 North 1st Street Johnstown, Colorado 80534 Lea Schick Yoder, Colorado 80229 Shirley Bernhardt 2700 C Street Sarah Schneider Greeley, Colorado 80631 1327 East 73rd Avenue Denver, Colorado 80229 Larry Ray Meyer Highway 14 Esther Roth—�'��u��� O Ault, Colorado 80610 2790 South Delaware Englewood, Colorado 80110 Edna Mae Meyer Box 452 Helen Preston Ault, Colorado 80610 13202 East Corak Street Baldwin Park, California 91706 Jim Ray Meyer Box 452 George A. Meyer Ault, Colorado 80610 Pierce, Colorado 80650 Edward E. Meyer 29975 Weld County Road 59 LaSalle, Colorado 80645 Elmer John Meyer 237 Main Pierce, Colorado 80650 Dora Mae Ide Box 158 Pierce, Colorado 80650 Jonathon W. Meyer 607 15th Avenue _Court Greeley, Colorado 80631 Frieda Mae Meyer Route 1, Box 427 Ault, Colorado 80610 . ; 44 Col-Cal Properties Z-330 : 80 : 1 Z-331 : 80 : 2 SURROUNDING PROPERTY OWNERS January 31, 1980 Marie Meyer 2900 47th Avenue Greeley, Colorado 80631 Arvel B. and Dorothy H. Stewart 3220 47th Avenue Greeley, Colorado 80631 J. B. and Loretta P. McCoy 3230 47th Avenue Greeley, Colorado 80631 Great Northern Investment Company 1331 8th Avenue Greeley, Colorado 80631 Jane Faben Hubbell c/o Russell Billings 1727 71st Avenue Greeley, Colorado 80631 Greeley Lodge #805 BPOA 2809 35th Avenue Greeley, Colorado 80631 Robert M. and Frances D. Gilbert 1318 47th Avenue Greeley, Colorado 80631 Corinne L. Chapman 3215 47th Avenue Greeley, Colorado 80631 Webster Resources P. O. Box 1850 Greeley, Colorado 80631 Highland Park, Inc. 2249 13th Street Greeley, Colorado 80631 Y; _W DATE : MARCH 10, 1980 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 16th day of April, 1980, at 2:00 P.M. : 80-21 - Col-Cal Properties, Ltd. , C0Z - E (Estate) to B (Business) 80-22 - Col-Cal Properties, Ltd. , C0Z — B (Business) to E (Estate) 80-23 -Alvin & Mildred Freemyer, C0Z — A (Agricultural) to B (Business) • • OFFICE O THE CLERK,TO THE BOARD BY: xr-- etiZa/Lf 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 Hello