HomeMy WebLinkAbout800037.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE FROM R-RESIDENTIAL DISTRICT TO C-COMMER-
CIAL DISTRICT FOR GEORGE FORSYTHE, 812 EAST 18TH STREET,
GREELEY, COLORADO 80631
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
O
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
t'1
WHEREAS, a public hearing was held on the 16th day of July,
r-,
1980 at 2: 00 o 'clock p.m. for the purpose of hearing the peti-
tion of George Forsythe, 812 East 18th Street, Greeley, Colorado
80631, requesting a change of zone from R-Residential District
to C-Commercial District for the following described parcel of
land, to-wit:
All that part of the East Half of Lot 2
of the Southwest Quarter of the Southwest
Quarter of Section 9, Township 5 North,
Range 65 West of the 6th P.M. , Weld County,
Colorado according to the Union Colony sub-
division of lands described as follows :
Beginning at the Northeast corner of said
Lot 2; Thence South on the East line of
said Lot 2 a distance of 332 feet, more
or less, to the center of the irrigation
lateral running east and west across said
East Half of said Lot 2; Thence West along
the centerline of said irrigation lateral ,
a distance of 144 feet, more or less ; Thence
North on a line parallel to the East line
of said Lot 2 a distance of 332 feet, more
or less, to the North line of said Lot 2;
Thence East on the North line of said Lot
2 a distance of 144 feet, more or les-s , to
the Point of Beginning.
Said described parcel of land contains 1 . 10
acres, more or less , and is subject to any
rights-of-way or other easements as granted
or reserved by instruments of record or as
now existing on said described parcel of
land.
WHEREAS, Section 8 . 2 and 8. 3 of the Weld County Zoning
Resolution authorizes the Board of County Commissioners to grant
a change of zone upon the showing by the petitioner of certain
facts, and
WHEREAS, the Board of County Commissioners heard all of
the testimony and statements of those present, has studied the
request of the petitioner and the recommendations of the Weld
County Planning Commission, and having been fully informed, is
0p'-934 I O 15 a APR 2 8 MI ) J/
.. o clock .M..._.._.._.._... '{-�,� 1��
Recorded at ..........._......_......_ ._._......
1856216 F� te,, , , 800037
Rec. Na. ^^ nn
102-1
State of Colorado, Weld County Clerk & Recorder
dy V : 1856216
satisfied that the request for rezoning 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 George
Forsythe for a change of zone from R-Residential to C-Commercial
District on the above described tract of land be, and hereby is,
granted due to changing conditions in the area.
BE IT FURTHER -RESOLVED by the Board of County Commissioners
that the reasons for approval contained in the Planning Commis-
sion recommendations dated May 20, 1980 be , and hereby are,
adopted as the findings of fact of the Board of County Commis-
sioners 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
July, A.D. , 1980 .
r • BOARD OF COUNTY COMMISSIONERS
ATTEST: 1 4e4A-/taLera WELD COUNTY, C@LORADO
Weld County Clerk and Recorder /� J� ‘71)%
(Aye)
and Clerk to the,Boxfd C. T . �(irJ5y,� C irman
/ (�
KBY v�el f �' .mil e (Aye)
putt' ount (id/
Leonard L. Roe, Pro-Tem
AR D AS TO FORM: £14.f� (Aye)
Norman Carlson
Cozen y Attorney N ,%Yz# (Aye)
/Dunbar
,//YIf9 7we/l Aye)
e K. t inmark
l
DATE PRESENTED : JULY 21, 1980
A public hearing was conducted tn July lr , , 1980 at
2: 00 P.M. , with the following present:
BILL KIRBY CHAIRMAN
LEONARD 320E COMMISSIONER
NORMAN CARLSON COMMISSIONER
LYDIA DUNBAR COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, Keitha White
ASSISTANT COUNTY ATTORNEY, R. Russell Anson
PLANNING 'DEPARTMENT REPRESENTATIVE, Tom Fonn
The following business was transacted:
I hereby certify that pursuant to a notice dated June 9 , 1980 and
duly published June 12 and July 3, 19-30 in the Johnstown Breeze a public
hearing was held on a CHANGE OF 'ONE from RESIJ_11 1AT, TO COMMERCIAL
requested by GEORGT -FORSYT' F
Mr. Anson reviewed the zoning resolution as it related to a COZ request.
He stated for the Board the criteria they must use in making a decision
on the request.
'"r. Honn read the Planning Commission' s favorable recommendation and
related development standards.
Mr. Forsythe was present and answered question regarding his request.
He submitted a map of the area, approximately 1 block East and 1 block
P'e:st of his property, showing the existing commercial developments.
John Dietz, Chairman of the Greeley City Planning Commission, was present
and voiced the Citv's opposition to this request. The City would like
to put a stop to the strip commercials development of E. 18th street.
Ken McwilliaMs of the City ' s planning staff was present and elaborated
on the City' s plans for a study of the development of this area.
Following discussion Commissioner Roe stated he felt that Mr. Forsythe
_has presented evidence of the change in the area and moved to approve
the CO7 from R to C as requested by Mr. Forsythe with the 17 ft. Set back
as required by the Planning Commission. Commissioner Dunbar Seconded
the motion and it carried unanimously.
•
CHAI
`� 1/�4
n BOARD OF COUNTY COMMISSIONERS
t-
ATTEST: n �l fA.(4/IAA11""i
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BO 3tD
BY: \'I _t ( /L CC AJ
eruty County C erk
DOC # 80-40
TAPE u 80-98 •
LHR 2030
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, 919 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, 919 10th Street, Third
Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 80-40 George Forsythe
812 East 18th Street
Greeley, Colorado 80631
DATE: July 16, 1980
TIME: 2 : 00 P.M.
REQUEST: ' Change of Zone, from R (Residential) to C (Commercial)
LEGAL DESCRIPTION:
All that part of the Ei of Lot 2 of the -SW4SE4 of Section 9, Township
5 North, Range 65 West of the 6th E.M. , Weld County, Colorado according
to the Union Colony subdivision of lands described as follows:
Beginning at the NE corner of said Lot 2; Thence South on the East line
of said Lot 2 a distance of 332 feet, more or less, to the center of the
irrigation lateral running east and west across said Ell of said Lot 2 ;
Thence West along the centerline of said irrigation lateral, a distance.
of 144 feet, more or less; Thence North on a line parallel to the
East line of said Lot 2 a distance of 332 feet, more or less, to the
North line of said lot 2; Thence East on the North line of said Lot 2
a distance of 144 feet, more or less, to the -Point of Beginning.
Said described parcel of land contains 1. 10 acres, more or less, and
is subject to any rights-of—way nr other easements as granted or
reserved by instruments of record or as now existing on said described
parcel of land.
THE BOARD Or COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Keitha White, Deputy
DATED: June 9, 1980
PUBLISHED: June 12, 1980 and July 3, 1980 in the Johnstown Breeze
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Alice J. Garland of
said County of Weld, being duly sworn, say that I am
an advertising derk of
THE GREELEY DAILY TRIBUNE, and
«N THE GREELEY REPUBLICAN
' w that the same is a daily newspaper of general
caumTcem amen The. '` circulation andprinted antiCity Sere Weld . entenne published in the of
Center. MS "'N street CM Greeley, in said county and state; that the notice or
era at Me lime eme �IIAlan
iOMY.mear aserwyetlaf€Ne wnr,. advertisement, of which the annexed is a true ropy, has
Re) maw moo et. are re
Man nd. been published in said daily newspaper for consecutive
RE IT ALSO KNOWN eatad (days) (weeks); that the notice was published in the
a a atMeerKKMto1M Paw
Ma Ca ilamw ' mme regular and -entire issue of -every number of said
oNNe of the Ca
ro r" newspaper during theperiod and time of publication of
SHIM Ca rain lens Mme
Meld CraMT�NanntaI MAW. said notice, and in the newspaper proper and not in a
=Street M aMeer.Oree eeraao. sP Per
r Forsythe
C
AN* supplement thereof; that the first publication of said
MTErftaM str»r notice was contained in the issue of said newspaper
DOCKET NO.aaaa •COa°1it. bearing-date
DATE:JWY t4 WM i
TIME:2:(41 P.M.
REQUEST:Chas Ea hem Thirtieth
tReeeeetw ieC ICemmabN
LEGAL DESCRIPTION q,-) day of June A.D. 19 80-
Part el ant east to gt Let 2. and the last publication thereof; in the issue of said
SW 1e YSE .SestNn A TSN.��@ :
TNrloARD OF newspaper bearing date the
-COUNTY COM $SIONERS
' WELD COUNTYICMLORADO
BY:MARY ANN FIIIERSTE IN Thirtieth
COUNTY CLERK AN [ORDER
ANDCLERKT EOARD -day of _Tune A.D. 19 80.
The rtem lain said The Greeley Daily Tribune and The Greeley
`Sa la
Republican, has been
_. . P published continuously and
uninterruptedly during the period of at least six
months next prior to the first issue thereof contained
said notice or advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions of the
Act of March 3, 1879, or-any amendments thereof; and
that said newspaper is a-daily-newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
June 30, 1980
$-11 . 60
dvertising Clerk
Subscribed and sworn to before me this
30th day of June AD 19 80
My Commission a pees Feb 28, 1982
My commi ' n ex res
i Notary Public
II, e
t Cors,
AFFIDAVIT OF PUBLICATION
THE effessiimasissamsx STATE OF COLORADO O JOHNSTOWN)
BREEZE
Punuq pulct ) ss.
NOME . COUNTY OF WELD )
P, °nantto zomngtawsof G�Y"�e t 5J4, Eugene Thomas do solemnly swear
me tats of co and the that I am publisher of The Johnstown
K'eld County solution
a public hea _be-held in Breeze; that the same is a weekly
the Chambers' the Board of newspaper
County Com ere of weld printed, in whole-or in part,and
county, solo weld county published in the County of Weld, State of
Centennial Center, 915 loth
Street,Creelepp,lColorado,atthe Colorado, and -has a general circulation
tany ime specified. All persons the
therein; that said newspaper has been
rr rMIL:wingushed attenlea published continuously and uninterrupted-
_Zone are may be heard, ly in said County of Weld for a period of
BE IT ALSO that.the more than fifty-two consecutive weeks
text andmaps edbythe prior to the first publication of the annexed
ma btye exa*We re�°°tni et legal notice or advertisement; that said
_oft to Clemtde f,the newspaper has been admitted to the
County Comen, located.
m the weld -Centennial United States mails as second-class matter
Center, 915t, Third under the
-Floor, Greeley,Rploota°ao. provisions of the Act of March 3,
not�rlao:ttp.,o 1879,or any amendments thereof,and that
�80.j40 Nr said newspaper is a weekly newspaper
eta �i1lFtt eANT duly qualified for publishing legal notices
Greeley, tendo80ee1 and advertisements within the meaning of
DATE:a le,1980 the laws of the State of Colorado.
That the -annexed legal notice or
TIME:ITO P.M. - advertisement was
Chitpublished in the
�m RST:ResldbTttlalof w ne regular-and entire issue of every number of
(Commercial) said weekly newspaper for the period of
LEGALIDESCRIPTION: 2- consecutive-insertions; and that the
AU
that
iE the ofL000ttt2o first publication of said notice was in the
Township
°o` the x°' Welts issue ofsaid newspaper datedV�^Me1
County L'olorastt� Recording tothe
lands nIeeG°ecrioe)f44teedl uoow on of A.D. 19 °, and that the last publication
BeaWtlne The emner�f of said notice was in the issue of said
sal Lot ;Thenea�8outh on the
o sad'hie tofmod said leege,-to�tthe ce
newspaper datedq L,. J A.D. 1916
center of the irrigation-lateral
running seer ant west across In witness whereof I have hereunto set
waid-E% of saW 8. Thence
irrigation-late ,, di wceeaii�d my hand this rf -day of. r,.iy
N44 orth , more on ; to J
-North on a line+ l to lithe A.D. 19.00
of line of wide 7a distance
North feet, more e,IWs tethe
North I1maf girth Iota-Thence
East on the North Wee of Mid Lot �J ��/l
4 a -tothdistance of 1 teat;more g. set
.f
less lest-to the !i Btimore or
Said described- ' 1 of land fisher.
contains 1.10.. more or
less, and is s011Sit to any
rights-of-way or other. ease- Subscribed and sworn to-before me. a
milts aegranted reserved by
instruments of ° dor arrow Notary Public in and for the County of
exietln on said crbed par- j day
cerof f tgli. Welq,State of Colorado, this
THE BoVPTY-
Co Ils1 of... .i!ti `t
COLORADO
COUNTY
BYFEUERSTEIN:MARY ANN Jam, �"`_(9COUNpa CLERKA D Notary Pubic.
RECORDER AND-CLERK.
TOME BOARD
BY:KeitKa ts Deputy My commissitle�xX5ire'S
DATED: June%OD .
PUBLISHED:J an
July 1980 In Breesetownd
Co- Legal 80-14F7
�I
P
__- AFFIDAVIT OF PUBLICATION
PUBLIC t. cE THE JOHNSTOWN BREEZE
STATE OF COLORADO )
Pursuant.t0 toning laws of ) ss.
the State of- o and the
Weld County Resolution,: /I COUNTY OF WELD
a public he - be held in- .P_8+• )
the Chambers Board °f. �y f� I, E- geRe--�blishe , do solemnly swear
County Corn - of Weld that I am publisher of The Johnstown
County, colors lid County Breeze; that the same is -a weekly
Centennial - 016 10th:
Street,Greeley._ or at the a
tame specniedl' pae oti. m news pa
per printed,in whole or in part, and
any.manner lu ated in the published in the County of Weld, State of
following
pt Change of Colorado, and has a
-may be heard.. °Re and
general circulation
o,„ •
therein; that said newspaper has been
REIT ALSO inirows that the published continuously and uninterrupted-
text Countyd Ma tldtt'ifiitl
County P B® �,a mmiseon� ly in said County of Weld for a period of
-may be exa in the Office more than fifty-two consecutive weeks
of the Clerk to Board of the
county comml.ale,ere, located prior to the firsi publicationiof the annexed
1n the Weld CamiY Centennial legal notice or -advertisement; that said
Center, 016 10th, et, Third.
Floor, Greeley,_COiorado. newspaper has been -admitted to the
DOCKET No.80-ao United States mails as second-class matter
APPLICANT under the provisions of the Act of March 3,
a George 1879,oranyamendments thereof,and that
t
Greeley;Colorado80031 said newspaper is a weekly newspaper
DATE:July40.1980 duly qualified for publishing legal notices
TIME:232)P and-advertisements within the meaning of
REQUEST:• -the laws of the State of Colorado.
from -R (Residential)C� f t" That the annexed le-gal notice or
(Commercial) advertisement was published in the
LEGAL DESCRIPTION: regular and entire issue of every number of
All thatppaartoftheE ofLot,2of said weekly newspaper-for the period of
the -SWASEIG of Section 9
TownWest _the-4_North, Range_the -6ttlinP.M.,-We consecutive insertions; and that the
County Colorado cording to first publication of said notice was in the
the UMon Middy - division of
lands described as follows:
.
:MITI at tndl corner of issue of said newspaper datedrk nom./�
ThenoeSouth on the '
East line of said Lot 8 a distance A.D. 19 SO..., and that the last publication
of 008 feet,m
center of e irritationa �late the of said notice was in the issue of said
running easteast and-west across
•
said
all000nnggg the oMUrli ie of said newspaper dated A.D. 19
Irrlaationlaterat, ,distance of
144:feet, more or less; Thence In witness whereof I have hereunto set
North on a line_parallel to the
-East line of ut2adtstance my hand thisZ0 day (7—f^'e-e—
of862 feet, e-less to the Of..1/
Eastnte-otoNdr lie ofsadiot A.D. 198a
East on the N
2 a distance of 144 feet,more or
lessless, and bi to the Point parcel B of tin d
iota 1.10 of or
l ,te asbj more or -
-contains 1.10
subject to any;righ ... .. .... ...
mentsas grantedway reserveder -ease-by
or by l i she r.
Instruments of record_or as now
existing on said describe*par-
cel of land. Subscribed and sworn to before me. a
THE BOARDOF COUNTY, Notary Public in and for the County of
CO SSIONERS'
• r 1�oNan Y Weld,St of Colorado, this... ..c./ day
�11[l.��BTr RSTEIN YAN . Of ' ... •,G1Z....A.D. 19..r7. ..c
REWRDER--.R DD CLE RIC RK .3. • .
R -
TOTHEBOARD . .... (_. .�:C.��../..L
BY:Heitha White,Deputy: i Notary Public.
DATED:_June 0, 1880 - Cam_
My commission expires.... ....� . i /
PUBLISHED:June 12 1980 and
_July 8,-4080 to psi Johnstown
Breese
Cot Iaga1 80-a to Board
(Forsythe)
ii • 4�y
,��� '' tea.. ".i ay - -_ _
J c
4.„)
,,..c.. N_ , 7
ac's .
i
d
I s..&•_.7- 1..A.CN
Zs
�, 1
`'7= -- t-4 J
\Q
,- -
o
:::).
:::::
: T. l`b.,.:c-.FA ,_...- -.4c. .vq\• G,' , i
.L...::'4.4.v4\ CO
. ........... .. .......5:—: _,
Y"-',.:C.1, :Tr:::gal yd1
U N '' cam-
IS4111\talle3 . .
- `v c y
DATE: J 9 , 198D
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Off-ice
Commissioners:
If you have no objections, we have tentatively set the
following hearing for the 16th day of July, 1980 at 2 : 00 P.M.
79-40 - George Forsythe, Change of Zone R - C
79-41 - Town of Platteville, SUP - A Water Storage Tank
OFFICE OF THE CLERIC TO THE BOARD
BY: G_„,—,-V Deputy 7The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BEFORE THE -LD COUNTY, COLORADO PLANNING O 1ISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date May 20, 1980 Case No. Z# 335:80:6
APPLICATION OF George Forsythe
ADDRESS 812 East 18th Street, Greeley, Colorado 80631
Moved ty Jerry Keifer 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 R ( Residential District) to
c ( Commercial District) covering the following described
property in Weld County, Colorado, to-wit:
See Attached
be recommend (favorably) (targiazzcat ,) 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 the applicant has
complied with Section $1.7.4.4. of the Weld County Zoning Resolution. The applicant
has sufficiently demonstrated in the sumitted application materials that changing
conditions in the area warrant a change of zone. This determination is based, in
part, on the fact that since the adoption o₹ the Weld County -Comprehensive plan
five subsequent change of zones have been approved by the County, two in the immediate
area and three in the general area, all adjacent to East 18th Street. In addition,
commercial and light industrial uses have continued to develop in the area.
3. It is the opinion of the Planning Commission that the request will be compatible with
the surrounding land uses, will have an adequate water and sewer service available 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
Motion seconded by: Bob Halleran
Vote: For Passage Jerry Keifer _ With ,gainst -Passage
Comments
Frank Suckle
Bob Halleran
Fred Otis - With -comments
Irma White
Don Billings
Bob Ehrlich
The Chairman declared the Resolution passed and ordered thatacertified copy be for-
warded with the file of this case to the Board of County Commissioners for further
proceedings.
CERTIFICATION OF COPY
I, Bobbie Good , Recording Secretary of the Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, Colorado, adapted
on May 20, 1980 and recorded in Book No. VII of the proceedings of
the said Planning Commission.
Dated the 21 day of May 198
MELD ITnITY Psimmtmlims
to ry ��
P . H Secretary
Jai s 1990
�•,i
Resolution of Recommendation tothe Board of County Commissioners
George Forsyth - Z#335:80:6
Page 2
the subject property, is not located within a Flood or Geologic Hazard area,
and does not have moderate and/or severe soil limitations. This determination
is based, in part, upon a review of the information submitted by the applicant,
other relevant information regarding the request and responses of the referralentities which reviewed the request.
The Planning Commission recommedation for approval is subject to the following
item being accomplished:
1. 17 feet of additionalright-of-way for the future development of East 18th
Street shall be provided by reservation. This 17 foot reservation shall be
shown on the rezoning plat prior to recording said plat.
Planning Commission Member Fred Otis would like some feedback to the City that the
Planning Commission is sympathetic to their request, but with the changes in the
neighborhood, we cannot justify going along with their recommendation at this time.
Planning Commission Member Jerry Keifer approved this request with the same reser-
vations as Fred Otis. He stated he is familar -with the area and what is across the
road. He also noticed from the application there seemed to be no objections from
the neighbors. Therefore, they must be in tune withthe changing character of the
land. If other operations in the area aren't bothering the folks in this area, he
feels this request should not bother them either.
rj g
5/21/80
Ceeree Forsythe
CG`MEN TS:
1 . The Greeley Planning Commission has indicated in a letter dated May 19, 1980
that it has recommended denial because the request does not comply with the
adopted policies of the Greeley Comprehensive Plan. The requested land use
does not conform with the future designation for this area as outlined in the
Plan. The Plan projects this area to be an integral part of the future East
Memorial residential neighborhood. Further the request is contrary to the
adopted policy which -discourages the extension of commercial strip development
along East 18th STreet which is a designated arterial. The Commission further
recommended that if the rezoning were to be approved, then the 20 feet of
additional right-of-way for the future development of East 18th Street should be
provided, curb, gutter and sidewalk should be provided (or escrowed) for East
18th Street, and access should be restricted to one access from East 18th Street.
In view of the City's position concerning this request, the following response
is made. Under the provisions -of the Weld County Zoning Resolution the petitioner
must demonstrate -the the rezoning 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. As stated in the reasons for approval it is the opinion of the Depart-
ment of Planning Services staff that the petitioner has demonstrated that changing
conditions in the area warrant a change of zone and the petitioner need not show
that the request is consistent with the Comprehensive Plan.
Further, it is the staff's opinion that road and highway facilities providing
access to the property is adequate in size to meet the requirement so the proposed
zone district with the addition of the 20 foot right-of-way reservation. The
City's request for construction of curb, gutter, and sidewalk along East 18th
Street or the provision for escrowed funds to construct the same at a later date
is in the staff's opinion not a reasonable request in an area where curb, gutter,
and sidewalk do not presently exist.
FORSYTHE ZONE CHANGE
RESIDENTIAL TO COMMERCIAL ('R'to 'C')
9
1
7
N.nt t;ne sw4spk- /41 I'.:
as //WY '3lt % } ,E./8n,'.Sresr
•
I
tifib
1 .O "1
Isfeeiar
CTU,0, ? 4 3 ,R,,,,, Fna.,d e _.
f in--, .4Y.r Se nee SC82171;4ODD
Arc./44'_r { of eD,rci
Aar—v./it 6 If
Legal Description
All that part of the EZ -of Lot 2 of the SW' 5th of Section 9, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado according to:the Union Colony subdivision
of lands described as follows:
Beginning at the NE corner of said Lot 2; Thence South on the East line of said Lot 2
a distance of 332 feet, more or less, to the center of the irrigation lateral running
east and west across said E§ of said Lot 2; Thence West along the centerline of said
irrigation lateral, a distance of 144 feet, more or less; Thence North on a line parallel
to the East line of said Lot 2 a distance of 332 feet, more or less, to the North line
of said Lot 2; Thence East on the North line of said Lot 2 a distance of 144 feet, more
or less, to the Point of Beginning.
Said described -parcel of land contains 1.10 acres, more or less, and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record or as
now existing on said described parcel of land.
Surveyor's Certificate
I hereby certify that this plat was prepared under my supervision and that the same is
correct to the best of my knowledge and belief. --
Jasper Freese, COLO P.F. & L.S. No. 4392
Property Owner's Approval
We, orge L. Forsythe and Barbara A. Forsythe, being the sole owners in fee of the above.
d!qiro; tdoebY
bed p , request the zoning shown on the art ched map.
a Q e
ge , o sy he
Aar ara A. Forsythe 77
The foregoing certification was acknowledged before me this p7/,a day of
A.D. , miss, Witness my nd, andi seal.1 3 rag,
My Commission Expires: n On//v)
Notary Public
Planning Commission Certification
This is to certify that the Weld County Planning Commission has approved and does hereby
recommend to the Board of Commissioners, Weld County, Colorado for their confirmation,
approval and adoption of this Zone Change as shown hereon and described this
day of , 1980
Chairman, Planning Commission
Board of County Commissioners Certification
This is to certify that the Board of County Commissioners, Weld County, Colorado do hereby
confirm, approve and adopt thi-s Zone Change and regulations this day of 1980.
Attest: ,
County Clerk Chairman, Board of County Commissioners
By: Recorded:
Deputy
Dated :
® FA: / Roisc r No. 8O6132
OTTO & CULVER 3 Professional Corporation LAND SURVEYORS
v 21l. 1930
Z-335: 80:6
Ce rge Forsythe
Change ""
of Zone from "R' Residential Residential Zone District to "C"
Commercial Zone District
LEGAL DESCRIPTION : Pt. E' Lot_2 SWl< SE Sec. 9, T5N, R65W
LOCATION: 812 E. 18th Street, Greeley, CO
}?E E TYE l-'iT OF STAFF RECD? FDS THAT :HIS
,__O EST BE approved FOR THE FOLLOWING iEASOLS :
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 the applicant
has complied with Section 81. 7.4.4 of the Weld County Zoning Resolution. The
applicant has sufficiently demonstrated in the submitted application materials
that changing conditions in the area warrant a change of zone. This determination
is based, in part, on the fact that since the adoption of the Weld County Com-
prehensive Plan five subsequent change of zones have been approved by the County,
two in
/the immediate area and three in the general area, all adjacent to East 18th
Street. In addition, commercial and light industrial uses have continued to
develop in the area.
3. It is the opinion of the Department of Planning Services staff that the request
will be compatible with the surrounding land uses, will have an adequate water "
and sewer service available 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, is not
located with a flood or Geologic Hazard area, and does not have moderate and/or
severe soil limitations. This determination is 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 reviewed the request.
The Department of Planning Services staff recommendation for approval is subject to
the following item being accomplished:
1 . 20 feet of additional right-of-way for the future development of East 18th Street
shall be provided by reservation. This 20 foot reservation shall be shown on the
rezoning plat prior to recording said plat.
s
.z.
ti'
.51
sti
fF
n \F
R . a
GREELEY CIVIC CENTER
.,REELEY COI CRA3C 80631
PHONE c 303! 353-5%23
May 19 , 1980
Char] es Cunliffe
Assistant Zoning Administrator
Weld County Department of Planning Services
913 Tenth Street
Greeley , CO 80631
Dear Chuck :
The Greeley Planning Commission at its meeting on May 13, 1980
revi ewed the requests by Edna Collins for a Lot Size Variance and
George Forsythe for rezoning from Residential to Commercial .
The Commission recommended approval of the Lot Size Variance
conditional upon provision of a common access drive onto County
Road 31 .
The Commission recommended denial of the rezoning request from
Residential to Commercial . The Commission recommended denial
because the request does not comply with the adopted policies of
the Greeley Comprehensive Plan. The requested land use does not
conform with the future designation for this area as outlined
in the Plan . The Plan projects this area to be an integral part
of the future East Memorial residential neighborhood . Further
the request is contrary to the adopted policy which discourages
the extension of commercial strip development along East 18th
Street which is a designated arterial . The Commission further
recommended that if the rezoning were to be approved, then the
20 feet of additional right- of-way for the future development
of East 18th Street should be provided , curb , gutter and sidewalk
should be provided (or escrowed) for East 18th Street , and access
should be restricted to one access from East 18th Street .
"A COMMUNITY OF PROGRESS"
.Th:IT-i es Lunt : fire
May 19 , 19S0
Page
The Commission also desired to note that since the Commission had
reviewed two similar rezoning requests in this area about two
years ago , the Commission had reevaluated and upda ted the Compre-
hensive Plan for this Southeast Creeley area. The Commission
adopted this update in 1979 .
Thank you for the opportunity to review this request . If you have
any questions with regards to this matter , please do not hesitate
to call our office .
Respectfully,
Ken McWilliams
City Planner
KM: ka -
MAY 1980 s
rZ RECEIVED
C&i Consty �!`
CFiar.tf fnvsss',ae �i
CASE SIM ARY SHEET
Case Number: Z-335:80:6 P . C. Hearing Date : May 20, 1980
Applicant : George Forsythe Property Owner : Same
Size of Parcel : 1.10 Acres M/L
Staff Member to Contact :
Chuck Cunliffe
Legal Description :
Pt. Ez Lot 2, SW; SE; Sec. 9, T5N, R65W of the 6th p.m.
Location : 812 E. 18th Street, Greeley, CO 80631
Existing Zoning : Residential
Request : Change of zone to Commercial
Possible Issues Summarized from Application Materials:
Property located in City of Greeley' s Comprehensive Planning Area. No comments
have been received from the City of Greeley at the time of mailing Planning
Commission packets . See comments from Colorado State Highway letter dated May
6, 1980.
( TONING APPLICATION ;e # : Co
^ ^ , Date Rec ' d : (- S 2 1 }?EL
Dept. of Planning Services App . Chid y : (0.0:./ Datei t �' 11\fs b
915 10th Street App . Fee : 1 b ,o0_ P
Greeley, Colorado 80631 Record. Fee : 2(01,4::::
,o o Receipt # : %S T
Phone : 356-4000, Ext . 404
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:ml 1-114T pert of The easT ifAiP(6zl of Lor•Two(a-1 of The souT 4.01-Ter sT y�Ve(
(S0-4) or The SouTheAsT yuArier•(SL-0 OF SecTon Mile 09),, MuniS h:p
/VoPTh, 1?ringe Cowl of The Gtr' P/72) County oFWeld, s tee op Colur',sa1o,
(If additional space is required, attach an additional sheet)
Property Address (if available)PgOPOSED�ZO E /g'��l TDTAL ACREAGE /
PRESENT ZONEr
OVERLAY ZONES
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING :
Name: geofor. /_ prxa RacAAr4 A rr,fv/T,e Home Telephone # : 2c,9-912,65-1
Address : c'S/ F` / RCST ` Bus . Telephone # : t'5:2-Q;2.3C.)
GrettAct m .1 Q o( 31
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 tin the Weld County Assessor ' s Office :
Name : _60, fire And SAf1 rA Fi r5 ,Tse �b�� 1
Address : /;z F lssL'.ST. �e1a.„\ to.
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 (,OLORADO ) 7
Signa e : Owner i Authorized� � Agent
Subscribed and sworn to before me this �/ day of 404—// , 19/0 .
SEAL 9
NOTARY PUBLIC
1iy coLluission expires : eal, /0 / 913 4
812 East 18th Street
Greeley, Colorado 80631
February 20 , 1980
Weld County Planning Commission
and Board of County Commissioners
of Weld County
Centennial Complex
Greeley, Colorado 80631
Gentlemen:
Re: Re-zoning request
812 East 18th Street
This letter is being written as a part of our application for
change of zoning on the property above referenced from the
existing "R" zone to a "C" zone.
The information which follows is our attempt to address the
issues raised by paragraph 81. 7 . 4 . 3 , 81. 7 . 4 . 4 , and 81. 7 . 4. 5
of the Weld County, Colorado Zoning Resolution.
We believe the change in zoning requested by us is consistent
with the policies of the Weld County Comprehensive Plan
because the commercial activity we propose to use the property
for is close to an existing municipality of the City of
Greeley, and will not involve removing any agricultural land
from production.
While the area in question may at one time have been primarily
residential, the area is now largely commercial and light
industrial. While we plan to continue to occupy the property
as our principal residence, it is our _desire to use the pro-
perty for retail and wholes-ale sales of motorcycle parts as an
adjunct use. We do notbelieve the original zoning was faulty
but we do believe that there is a changing condition in the
area which would make the change in zoning compatible with
surrounding uses . For instance , across the street from our
property we are advised that there is an "I" zone, upon which
the 34 Centre Building is located, and to the east from it, is
the East Side Auction Building and Todd' s Welding.
Although there are residential properties adjacent to ours on
the south side of East 18th Street, they are few in number and
we are advised that our neighbors have no objection to our
zoning application.
While the current City of Greeley plan for our area does not
show our property as a commercial property, we believe that the
commercial use of the property would not be inconsistent with
.,r`
Weld County Planning Commission
and Board of County Commissioners
Page 2
February 20 , 1980
the City Plan, and to require us to retain the property for
residential use only is unrealistic in view of existing
developments in the area and the fact that the property fronts
on U. S. Highway 34 Business .
We respectfully request favorable consideration of our
proposed change in zoning.
Sincerely,
4-
and
•Barbara A. Forsythe
{) ?
et.),.
6F _
„, _ fit„ :, r,,,..,.,.. •:x ..0 ---..s;;.: �,,, yn ¢cam. , ...
. l”„arv7�,triale:.n. ,�Y. _. •box' xr?.�•z:.,'7"'" L r '•.� r " ...4� a /4
f es.,� try t
' fir•
March 6, 1980
GREELEY CIVIC CENTER
GREELEY. COLORADO 60631
PHONE 303' 353-5125
Mr. George Forsythe
812 East 18th Street
Greeley, Colorado 80631
TO WHOM IT MAY CONCERN:
This is to notify you that water is being served to the
above address by the City of Greeley.
Sincerely,
CITY OF GREELEY
Ms . Pat McLaughlin
Office Supervisor
Water and Sewer Department
"A COMMUNITY OF PROGRESS"
-^ United States Soil
�)`O Department of Conservation
`ice% Agriculture Service
4302 W. 9th St. Road, Greeley, CO. 80631 February 20, 1980
Mr. George Forsythe
812 E. 18th Street
Greeley, CO. 80631
This is in answer to your request for soil information for Lot 2, 812 E.
18th Street, Greeley, Co. , Weld County.
There are two soil types that will influence use of the site. They are
Nunn loam, 0 to 1 percent slope (17A-A) and Otero sandy loam, 0 to 1 percent
slope (53-A). Please reference the attached soil map and soil descriptions
for detailed information.
The Nunn loam soil has moderate to severe limitations for the construction
of dwellings or small commercial buildings. This is due to a moderate to
high shrink-swell potential which may cause cracking of foundations if they
are not properly designed for the site conditions. The Otero sandy loam has
only slight limitations for construction of dwellings and small commercial
buildings, and normal designed footings should be adequate. Both soils are
suitable for use as septic tank absorption fields.
If building is to be done in the area of the Nunn loam soil, I would suggest
a competent soil engineer make an evaluation to determine proper design of
footings and foundations.
If site conditions differ from those described above or in the attached soil
descriptions, a competent soil engineer should make an on-site investigation
to determine proper design of planned structures.
Both of these soils are considered to be prime agricultural land when irrigated.
If you need any further information, please feel free to contact me.
Sincerely,
Qe-a4,14eze-eYd D. Miller
District Conservationist
Greeley Field Office
cc: Weld County Planning Commission
RDM:jb
4
A, - 1
R & Owners of properly Gcstk;v Soo FeeT oP
properly scitjec ro7ie .{?-ppt; c,onoY. Po 1r
Chan] e o f Zone.
I RAlph ffen >ue
703 & 1 •10.97.
a crab n RAy burr\
704 E , glhsr
2 pauL Joh>, sor,
705 E I SU 'St
4 Leo. Brnwv
730 E Ian ST-
A- 34 CenTre
S owner lMtold Spa of
S 13 £ 1 fr7 N r g3O1 r5T-w Sr Greeley
4 ERsT S,ae. AocJon
$1? £ is- sr
7 RUM 1714-es
sis' E intSr.
I Maids rnAcS ne Skop
$21 £ 1 !e±sr.
CounTry wood Shop
9o3 E let; Sr.
�d eel Salw4ec.hTer- Arp? ):c 7r .
q04 E 1ST
ST ��✓� TAG
.1,/
'µ= ate
DEPARTMENT OF PLANNING SERVICES
fl ^3 1 PHONE (3031 356-4000 EXT. 400
'� 915 10TH STREET,I illGREELEY, COLORADO 80631
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commiss-ion will conduct a public hear-
ing on May 20, 1980 at 1:30 p.m. to review a request
for approval of a change of zone from "R" Residential Zone District to "C"
Commercial Zone District
from George and Barbara Fnrcythe on a parcel of land described as
Parr of the F1 Tnt 7 of the SUIT SF1, Sertinn 9 T5TZ, R6SW of the 6th P M Weld
containing 1.10 acres more or less. County, Colorado
-
This public hearing to be held by the Weld County Planning Commis-
. sion for the consideration of the above referenced request will be
conducted in the Weld County Commissioners ' Hearing Room, First
Floor, Weld County Centennial Center, 915 10th Street, Greeley,
Colorado . Comments or objections related to the above request
should be submitted in writing to the Weld County Department of
Planning Services, 915 10th Street, Greeley, Colorado 80631 ,
before the above date or presented at the public hearing on
May 20, 1980 •
Copies of the application are available for public inspection in
the Department of Planning Services, Room 310, Weld County
Centennial Center, 915 10th Street , -Greeley, Colorado (356-4000
extension 404) .
Chuck Carlson , Chairman
Weld County Planning Commission
To be published in the : Johnstown Breeze
To be published one time by: May 1, 1980 (publication date)
by: `��1�
^�Received
Date: '7' c9 3— gZ}
A_YPLI L 7T George Forsythe
CASE # Z-335:80:6
REFERRALS SENT OUT O17: April 23, 1980
CREFERRALS TO BE RECEIVED BY: May 6, 1980
H [/
Z
o o o
ea H a
h F N
Qi H Ca
O U
Fa
ti REFERRALS RECEIVED
1•County Attorney
MAY 6 1980 2.County Health
x APR 25-1980 3.County Engineer -
4. City ofGreeley Planning Commission
c/o Ken B. McWilliams
Greeley Planning Department
Civic Center Complex
Greeley, Colorado 80631
5. State Highway Department
X fY 6 1980 1420 2nd St.
Greeley, Colorado 80631
6. Soil Conservation Service
X MAY 1 3U 4302 West 9th St. Road
Greeley, Colorado 80631
7. Bette Kountz
Planning Commission Member
22708 Weld County Road 52
Greeley, Colorado 80631
8. William Baily, Chief
Western Hills Fire Department
X APR 2 8 -1980 1804 Cherry Ave.
Greeley, Colorado 80631
•
�� X
•
of o O
Ne90 COLORADO STATE DEPARTMENT OF HIGHWAYS
** DIVISION OF HIGHWAYS Weld County
7g16 SH 34
May 6, 1980 Forsythe Rezoning
5 bj3; 812 E. 18th St.
J
b 'el�� Greeley
Mr. Chuck Cunliffe � �
Department of Planning Services ^s I'^r 1980 ,, DOH FILE 45100
Weld County " R .GENE.D.
915 Tenth Street Weguaatl
Greeley, Colorado 80631 �. FlaaalnOmals
Dear Mr. Cunliffe:
We have reviewed the George and Barbara Forsythe rezoning application, and we have
the following comments.
1 . To be consistent with the City Comprehensive Plan for U.S. 34 Business Route, we
ask that consideration be given to the protection of 50 feet of right of way south
of the existing highway centerline. This would allow for future expansion of
this roadway to an arterial standard. The protection of this right of way should
be done by reservation or dedication.
2. This property presently has one driveway on U.S. 34. No additional access to
the highway should be anticipated as a result of this rezoning. Relocation or
widening of this existing driveway may t:e acceptable, provided that the proper
authorization is obtained from Mr. David N. Fraser, District IV Maintenance
Superintendent, P. 0. Box 850, Greeley, Colorado 80632.
We support the City of Greeley in their efforts to have curb anti gutter provided
by the developer when it does not already exist. The actual location of the
curb and gutter should be coordinated with this office.
3. Surface runoff and potential highway traffic noise impacts are also factors for
consideration. The City's requirements for detention should provide adequate
storm-water control . Highway noise impacts may or may not be of concern, depend-
ing upon the proposed use for this site. Building setbacks and/or noise insula-
tion should be considered as means to provide noise abatement.
Thank you for the opportunity to review this application.
Very truly yours ,
DWIGHT M. BOWER
DISTRICT ENGINEER
c.l-a-th.Zf L-t-6,-Oc,�
AC:da Albert £hotvacs
cc: D. M. Bower Assistant District Engir{eer
D. N. Fraser (2)
File: Crier-Jacobson via
Rames-Finch-Graham w/encl .
P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232
FIELD CHECK
FILING NUMBER: Z-335 DATE OF INSPECTION : April 30, 1980
NAME: George Forsyte
REQUEST: Change of zone "B" Business to "C" Commercial
LEGAL DESCRIPTION: Part of the EZ lot 2 SW1 SEA Section 9 T5N, R65W
LAND USE: N 34 Centre/Small business/Eastsid-e Auction
E Residential
S Agricultural
i,q Residential
ZONING: N Industrial
LOCATION: 812 East 18th Street. Greeley E Business
S Residential
W Residential
COMMENTS :
Property has one residence with detached building used for motorcycle parts business.
Graveled drive is located on the west side of property. Several mature trees located
on property. Accesses are existing into East 18th Street.
BY:
sjg akkatiSSA.„,�
4/30/80
MAILING LIST - GEORGE FORSYTHE
J. Edward and Jeannette E. Baker Ralph H. and Ferris J. Henkle
903 East 18th St. 2435 50th Ave.
Greeley, Colorado 80631 Greeley, Colorado
Charles and Bonnie L. Todd Arthur F. Brenckle
P.O. Box 166 931 East 20th St.
Kersey, Colorado 80644 Greeley, Colorado 80631
Lawrence L. and Margie L. Lynn James P. Feighny III
817 East 18th St. 515 41st Ave.
Greeley, Colorado 80631 Greeley, Colorado 80631
Three—G Partnership William T. and Lorraine K. Bearer
57 and Wadment Wcan wt 717 East 19th St. Rd.
Boulder, Colorado 80302 Greeley, Colorado 80631
Paul J. Johnson Louis L. and Lynda C. Reed
705 East 18th St. 1924 Basswood
Greeley, Colorado 80631 Greeley, Colorado 80631
John T. and Rita L. Rayburn
c/o First National Bank
P.O. Box 1058
Greeley, Colorado 80632
Robert Hinman
1841 Kedron Circle
Fort Collins, Colorado 80521
Fred L. and Hansel Esther McCune and
Marjorie McBride
8515 U. W. Highway 41 North of Winter
Trailer Park
Palmetto, Florida 33561
Leo and Frances L. Brown
730 East 18th St.
Greeley, Colorado 80631
Edwin W. and Katherine Saalwaechter
904 East 18th St.
Greeley, Colorado 80631
Kenneth Ray Richardson
1912 Balsam Ave.
Greeley, Colorado 80631
Ruth Maes
818 East 18th St.
Greeley, Colorado 80631
Harold F. and Doris I. Satur
2101 15th St.
Greeley, Colorado 80631
DATE: June 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 of July
DOC 480-40 George Forsythe, COZ, R to C
OFFICE OF THE CLERK TO THE BOARD
BY ) /a 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
A S C R E C O R n
APPLICANT : GEORGE FORSYTHE TIME :
2: J0 P.M. DOCKET/30_40
DATE : JULY 16, 1980 REQUEST :
COZ — R—C
NAME ADDRESS
C re•
_A 73 '9.a ,r1 P9, 1 , I eR Co
• i El, 6rfirkyj
i
Hello