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Home My WebLink About890018.tiff RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE IN THE CHANGE OF ZONE APPLICATION OF ROBERT COMER, DBA PLASTIC ART PRODUCTS 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 4th day of January, 1989 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of considering whether or not there has been substantial change in the facts and circumstances regarding the application of Robert Comer, dba Plastic Art Products, 1226 East 18th Street, Greeley, Colorado 80631 , or that there is newly discovered evidence for a Change of Zone which was denied by the Board of County Commissioners on September 23 , 1987 , and WHEREAS, said hearing concerned the application for a Change of Zone on the following described real estate, to-wit: Lot 4 , Block 1 , Seehusen Subdivision and Lot 1 , SE} of Section 9 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Russell Anson, Attorney, and WHEREAS, said hearing was conducted according to the Board' s policy concerning applications for land-use for property previously denied, said policy having been adopted on May 21 , 1986 , and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that the request for a rehearing concerning this matter shall be approved for the following reasons : 1 . It is the opinion of the Board of County Commissioners that the applicant, in his letter of December 9 , 1988 , has demonstrated that a substantial change in facts and circumstances has occured. a. The application for Mr. Comer, Z-436 , was denied by the Board of County Commissioners on September 23 , � ! 890018 /'1 w'7 S Page 2 RE: SUBSTANTIAL CHANGE - COMER COZ APPLICATION 1987 . The Board of County Commissioners on June 1 , 1988 , approved a Change of Zone, Z-444 . This zoning was to change an adjacent property from R-1 (Low Density Residential) to R-2 (Duplex Residential) . This is a substantial change in the surrounding land use and was not available when the original rezoning application, Z-436 , was submitted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been substantial change in the facts and circumstances regarding the application of Robert Comer, dba Plastic Art Products, for a Change of Zone. BE IT FURTHER RESOLVED by the Board that the request for a rehearing regarding a Change of Zone on the above described parcel of land be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of January, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO y Weld County Clerk and Recorder �'s and Clerk to the Board C.W. Kirby, C irman BY: 671( M c o , i; cAJ q u inenson, Pro-Tem eputy County erk EXCUSED DATE OF SIGNING - AYE APPROVED AS TO FORM: Gene R. Brantner -- George n y County Attorney Go ,� cyr 890018 HEARING CERTIFICATION DOCKET NO. 88-86 RE: SUBSTANTIAL CHANGE - COZ APPLICATION OF ROBERT COMER, DBA PLASTIC ART PRODUCTS A public hearing was conducted on January 4, 1989, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro—Tem Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated December 19, 1988, and duly published December 21, 1988, in the Platteville Herald, a public hearing was conducted to consider whether or not there has been substantial change in the facts and circumstances regarding the application of Robert Comer, dba Plastic Art Products, for a Change of Zone which was denied by the Board of County Commissioners on September 23, 1987. Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Russell Anson, Attorney, represented the applicant. He reviewed the history of this request and said the recent re—zoning of adjacent property constitutes a substantial change; therefore, his client should be allowed to re—submit an application for a Change of Zone. Commissioner Lacy stated that he had not voted against the original request on the basis of the zoning of adjacent property. Commissioner Johnson moved to adopt the Planning Commission's recommendation concerning this matter. The motion was seconded by Commissioner Kennedy and carried unanimously. This Certification was approved on the 9th day of January, 1989. APPROVED: 7ltrial,. ,1'.4VIAltc,:rj BOARD OF COUNTY COMMISSIONERS ATTEST: / WELD COUNTY, COLORADO Weld County Clerk and Recorder xy// ' and Clerk to the Board C.W. Kirby, Chai an im ct Y 1 b ie--,yr , ,,_ ( .41,-7.7".4i) _ eputy County Cle k ha quel e John, Pro-Tem EXCUSED DATE OF APPROVAL Gene R. Brantner _ ,41—°--s-r---- s&---- George K dy or E. L y TAPE #89-1 DOCKET #88-86 PL0078 7 ` /1 890018 ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: JANUARY 4, 1989 DOCKET # 88-77 COZ, A & C-3 to PUD - GRANT BROTHERS/FIFTHCOFF COMPANY DOCKET $ 88-82 USR-ACCESSORY BUILDING LARGER THAN 1,500 SQUARE FEET IN A ZONE DISTRICT - CHARLES E. & KAREN A. WALKER DOCKET # 88-83 USR-LIVESTOCK CONFINEMENT OPERATION IN A ZONE DISTRICT - FRANCIS ARENS DOCKET #88-86 SUBSTANTIAL CHANGE-COZ - ROBERT COMER, DBA PLASTIC ART PRODUCTS NAME ADDRESS HEARING ATTENDING iliskt F. 1O'% Si. PulaDet.' fl-IL 92 Qi t ; ` � < :s_ Cam„ �,y 1 wig � _ 1l 13 � �,�// i 9iL o 4 e can -.-/o x7*t 86 - 7 7 /L c>. G Itef CL r= CC ;' Q/ `> >J t C . C`. .K, 71" /N 5/2//e ( t �'SI - .3'. 890018 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 88-86 Robert Comer dba Plastic Art Products 1226 East 18th Street Greeley, Colorado 80631 DATE: January 4, 1989 TIME: 10:00 A.M. ISSUES: Whether or not there has been substantial change in the facts and circumstances regarding the application for a Change of Zone which was denied by the Board of County Commissioners on September 23, 1987. LEGAL DESCRIPTION: Lot 4, Block 1, Seehusen Subdivision and Lot 1, SE} of Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the City of Greeley; south of 18th Street and west of Cherry Avenue BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDED AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 19, 1988 PUBLISHED: December 21 . 1988, in the Platteville Herald 890018 Affidavit of Publication STATE OF COLORADO • S . County of Weld ss. I A.Winkler Riesel of said County of Weld being duly sworn.say that I am publisher of PLATTEVILLE HERALD • that, the same is a weekly newspaper of general circulation was NOTICE printed and published in the town of PLATTEVILLE Pursuant to the amine taw of the State of Colorado end the in said county and state that the notice of advertisement,of which Weld public Merin'County M oning Ordinance,na held ee the annexed Is a true copy has been published in said weekly Chandlers of the Bored of Os1amty newspaper for Commissioners of Weld County, (J Colorado, Weld County consecutive weeks: Centennial Center, 116 .10th that the notice was published in the regular and entire Issue of every Street. First Flow. Greeley, newspaper theperiod and time of publication Colorado, et the tiles rt.inter- number of said during i en potana in ape of said notice and in the newspaper proper and not in a supplement -sayd In the following made are thereof.that the first publication of said notice was contained in the requests b MSS cord flY be' 'DATE: awraty 4, 1989 issue of said newspaper bearing the date of heard.- TIME: 1001 A,M. x[[�i � �MA��ff O Should the eppeesnt for any Ia-4.-X. .Jet .D..19 and the last publication Interested party dabs the Ps ISSUES: Whether or not there thereof.in the issue of said newspaper.bearing date, ens of■court reporter to mete■ has been substantial change In record of the proceedingh In ed- time herb aid circumstances re- dl Son to the taped record which yarding e Me f application�� was lea the day of win be kept during the hearing. Change tie Clerk to the Board's Oisa nted by the Board of County 19`/, that the said an be contacted for a liet st at- Commissioners an SepWnber 21, tilled court reporters In the aces. 1087. N e court reporter Is obtained, the LEGAL DESCRIPTION: Lot 4, PLATTEVILLE HERALD Clerk to the Boanrs Office shall Kent 1, Baehtann subdivision be advised In *11111* of such no- and Lot 1, SE 114 of Section O, has been published continuously and uninterruptedly during the don at least 1ve days prior to the `TownsNp 6 No*Rings M wont period of at least fifty-two consecutive weeks next prior to the first hearing. The cost of engeging a of the 6W P.M., Weld County. issue thereof containing said notice or advertisement above referred court reporter shell be home by Colorado the reduestlng Party. LOCATION:Adjacent to the City to: and that said newspaper was at the time of each of the publications of said notice duly qualified for that within the BE IT ALSO KNOWN that the of Greeby; soutit of 1611 stoat purposetext and mope so aertlMd by the and west of Cherry Avenue meaning of an act entitled. "An Act Concerning Legal Notices. Weld County Planning Advertisements and Publications and the Fees of Printers and Commission may be memIned in BOARD OF COUNTY Publishers thereof, and to Repeal all Acts and Acts in the office of the Chi& to the COMMISSIONERS Conflict lethelone of this Act - 1 7, 1 Board of County ConudWonere, ' WELD COUNTY, COLORADO all amenco(, and perticm+lar end by ac[ locnted In the Weld County approve4 artisl y 1 1 . CentenMN Cater, s16 10th BY: MARY ANN FEUERSTEIN Lia set a Street, Third Floor, OfoNey, COUNTY CLERK \\ _L2--e,'' Colorado. AND RECORDER AND CLERIC TO THE BOARD Publisher DOCKET NO. BON BY:Mary Reiff, Deputy APPLICANT Su rl bed d sworn to before me this_�day of Robert beret DATED December a, ins A D 19 ire dhe Plastic An Products 1120 East 14*Stnst pumas In se Pletarllli Oreetey, CeI9/e 80831 Herald, December St. 1MO. '-"---?CACJ..- --`" .-(1_ trA-4...) Notary Public • Fin ..' if:-r4 i f-oil ot7 C1b C ti+:':*A'pr:;.. F.in u.'p"ei,Cy.'&Ue21 My commission expires June 1992 My Commission expires June 30, 1992 • 890018 Arridavit of Publication STATE OF COLORADO ss. County of Weld, 1 Lorita Seidler of said County of Weld, being duly sworn, say that I am an advertising Berk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Pgrsp,n wish Greeley, in said county and state; that the notice or County id rMg a nW willya�w1e M'�f11R Chambers of ,ONners 'dawarsow advertisement, of which the annexed is a true copy, has Colorado,-Weld County Cen inn el Center, 915 10th Street, First Floor,Greeley,Colorado,artatNNM*specified.All persons In any been published in said daily newspaper for consecutive manner interested in the follb ing'matter are requested to attend and may be heard. (days) (0002t4); that the notice was published in the Should the applicant f any interested party desire the presence of a court:reppfterto make a rfcott'of the pitted irigs,In addition to regular and entire issue of every number of said the taped records which will be kept during the hearing,the Clerk to the Beard'CfflCO con be contacted for a list of certified court newspaper during the period and time of publication of recortaf alive arej,{f a coast water is obtains,the cis*to the :Befldsofbce'shallbs$yised IntGing et lot action at teat five said notice, and in the newspaper proper and not in a day,Fabtrto.tbe hearltttt.TAe,ca 1dtengaglnpecourt reporter shall bebernebylberequestinE(illth. supplement thereof; that the first publication of said BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning CmBlplithn may beexamined In the office of notice was contained in the issue of said newspaper me Cierktothe Eoard of CbWWty CVmMls ionen;located lathe Weld Coln.,GynlenMgf Center, 915 1gfa.Streef, Third Floor, Greeley, bearing date Twenty-Second Colorado, APPLICANT DOCKET No,8844 Robert Corner dba Plastic Art Products 1226 East 18th Street Deader A.D. 19�� Greeley,colored*80631 day of LATEMNaYYa.196 and the last publication thereof; in the issue of said ssuWhether Isis Wachter or non there been antlei change in the nd facts a circumstances regardBW the application fora Change of newspaper bearing date the ,Zelte lvae6glep lyf ryW/gird of County Commissioners on Twenty-Second T9a0.' L 6,SYD�RePioa 9, Block RansenSubdivision and Lot .,Weld of County, Section 9,Township 5 North,Range 65 West of the 61h P.M., AdiacenitoColorado [bomber A.D. 19 88 andwetf LOCATION: erly vt to the City of Greeley; south of lam Street day of andlpeatolCMrrYAvenue AlWCOUNTy4PMMISgiONERS that said The Greeley Daily Tribune and The Greeley LD:COINTY;COLO Nththr Republican, has been published continuously and �Il ANDCLEEItMTH**CARD R uninterruptedly during the period of at least six or M0•40/0Nel as G. wy proem s,� months next prior to the first issue thereof contained TnrG . ' M nerkrn el '^' say 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. December 22, 1988 Total Charge: $29.44 c i & Advertising Clerk Subscribed and sworn to before me this 22nd day of December A.D. 1988 `.7_ My commission expires � i Notary Public 890018 DATE: December 19, 1988 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 4th day of January, 1989 , at 10 :00 A.M. Docket No. 88-86 - Substantial change - Application for Change of Zone from Robert Comer, dba Plastic Art Products OFFICE OF THE CLERK THE BOARD BY: i� ' z.ve ail 7 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WEL UNTY, COLORADO 7 /, c - d' 4A ' 990018 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ernie Ross 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 application for: CASE NUMBER: SCH-4 NAME: Robert Comer ADDRESS: 1226 East 18th Street, Greeley, CO 80631 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Lot 4, Block 1 , Seehusen Subdivision, and Lot 1 , SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: West of and adjacent to Cherry Avenue and south of and adjacent to U.S. Highway 34. be recommended favorably to the Board of County Commissioners for the following reasons: It is the opinion cf the Weld County Planning Commission that the applicant, in his letter of December 9, 1988, has demonstrated that a substantial change in facts and circumstances have occurred. The application for Mr. Comer, Z-436, was denied by the Board of County Commissioners on September 23, 1987. The Board of County Commissioners on June 1, 1988, approved a Change of Zone, Z-444. This zoning was to change an adjacent property from R-1 (Low Density Residential) to R-2 (Duplex Residential) . This is a substantial change in the surrounding land uses and was not available when the original rezoning application Z-436 was submitted. Motion seconded by Lynn Brown. VOTE: For Passage Against Passage Jerry Burnett Ivan Gosnell LeAnn Reid Lynn Brown Rick Iverson Ernie Ross Bud Halldorson 890018 SCH-4 Robert Comer Page 2 The Chairman declared the resolution passed and ordered that a certified copy be forwarded 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 January 3, 1989, and recorded in Book No. XII of the proceedings of the Planning Commission. Dated the 3rd day of January, 1989. Bobbie Good Secretary 890018 PLANNING COMMISSION AGENDA January 3, 1989 A regular meeting of the Weld County Planning Commission was held on January 3, 1989, in the County Commissioners' Hearing Room, First Floor (#101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Bud Halldorson at 1 :35 p.m. Tape 339 — Side 2 Ann Garrison Absent — telephoned Jerry Burnett Present Ivan Gosnell Present LeAnn Reid Present Lynn Brown Present Rick Iverson Present Jerry Kiefer Absent - telephoned Ernie Ross Present Bud Halldorson Absent - telephoned Also present: Brian Bingle, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary A quorum was present. The summary of the last regular meeting of the Planning Commission held on December 20, 1988, was approved as distributed. CASE NUMBER: SCH-4 APPLICANT: Robert Comer REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Lot 4, Block 1 , Seehusen Subdivision and Lot 1, SEi of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: West of and adjacent to Cherry Avenue; south of and adjacent to U.S. Highway 34 (1226 East 18th Street) APPEARANCE: Russ Anson, Attorney, represented the applicant . This request is to allow the applicant to reapply for a change of zone. He explained the changes that have gone into effect in the area since this request was originally made. Lee Morrison explained the substantial change hearing requirements. The Planning Commission should not judge anything except whether or not changes have taken place since the original request that would allow the applicant to resubmit an application. The Chairman called for discussion from the members of the audience. There was none. 890018 Summary of the Weld County Planning Commission January 3, 19b9 Page 2 The Chairman asked the applicant if he had reviewed the recommendation of the Department of Planning Services' staff. He stated he had and has no objections to it . The Chairman asked that the staff' s recommendation be filed with the summary as a permanent record of these proceedings. MOTION: Ernie Ross moved Case Number SCH-4 for Robert Comer for a Substantial Change Hearing be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval based upon the recommenton of by the Department of Planning Services' staff and the testimony presented the applicant. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jerry Burnett - yes; Ivan Gosnell - yes; LeAnn Reid - yes; Lynn Brown - yes; Rick Iverson - yes; Ernie Ross - yes; Bud Falldorson - yes. Motion carried unanimously. 890018 Plastic Art aududs . ; ws 37 • a ti' DEC 1.31988 t December 9 , 1988 al L K ' GREELEIL COCA, Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 RE : Case No. Z-436 : 87 : 5 Change of Zone from C-3 (Commercial) and R-1 (Low Density Residential) to 1-2 (Industrial) Zone District Dear Members of the Board: A public hearing was held on September 23 , 1987 , at 2 : 00 ' clock p.m. , concerning the application of Robert Comer, d/b/a Plastic Art Products , 1226 East 18th Street , Greeley, Colorado 80631 , requesting a change zone from C-3 (Commercial) and R-1 (Low Density Residential) to I-2 (Industrial) Zone District for a parcel of land located cn the following-described real estate , to-wit : Lot 4 , Block 1 , Seehusen Subdivision, and Lot 1 , Southeast Quarter of Section 9 , Township 5 North, Range 65 West cf the 6th P .M. , Weld County, Colorado. At the conclusion of the hearing, the Board voted by a 4-1 vote to deny this application for a change of zone. In examining the policies and procedures in the general Administrative Manual of Weld County, Colorado, under the subject "Applications for Land Use for Property Previously Denied" which is found at page 8 . 1 , paragraph 7 thereon states that the Board of County Commissioners may grant a petition for rehearing when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board ' s decision. On page 8 of said Manual , at paragraph 2 , the term "substantial change in facts and circumstances" had been defined as meaning a substantial change in the land use application, in the surrounding land uses , or in applicable provisions cf the law. 1226 East 18th Street / Greeley, Colorado / Phone (303) 356-3487 / FAX 356-4656/7890018 7 " C7J V On June 1 , 1988 , the Board of County Commissioners of Weld County , Colorado , granted a change of zone from R-1 (Low Density Residential) to R-2 (Duplex Residential) Zone District for a parcel of land located on the following described real estate, to-wit: Lot 3 , Block 1 , Seehusen Subdivision, Part of the Southeast Quarter of the Southeast Quarter of Section 9 , Township 5 North, Range 65 West of the 6th P.M. in Weld County, Colorado. This parcel of land so rezoned is adjacent to the parcel sought to be rezoned on September 23 , 1987 , by Robert Comer, d/b/a Plastic Art Products . In view of this change in land use of adjacent property, it would appear that the criteria has been met for the Board to consider an application for reconsideration of its decision of September 23 , 1987 , in denying the change of zone which was the subject of the application of Robert Comer, d/b/a Plastic Art Products. Please consider this letter an application for a rehearing on the application for change of zone from C-3 (Commercial) and R-1 (Low Density Residential) to I-2 (Industrial) Zone District for the land set forth in our original application. If you need any further documentation , please contact us , and we will furnish whatever is required. Very truly yours , yee 7 R.E. COMER PRESIDENT Plastid 590018 Art Pioducts LAND-USE APPLICATION SUMMARY SHEET Date: December 27, 1988 CASE NUMBER: SCH-4 NAME: Robert Comer ADDRESS: 1226 East 18th Street, Greeley, CO 80631 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Lot 4, Block 1, Seehusen Subdivision and Lot 1, SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: West of and adjacent to Cherry Avenue and south of and adjacent to U.S. Highway 34 (1226 East 18th Street) SIZE OF PARCEL: 7.5 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The applicant is requesting permission to file a new application on this property. The original application (Z-436) requesting a change of zone from C-3 (Commercial) and R-1 (Residential) to 1-2 (Industrial) was considered by the Planning Commission on August 4, 1987. The Board cf County Commissioners considered and denied the application on September 23, 1987 . The Planning Commission will consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission will forward a written recommendation of its findings to the Board of County Commissioners. Attached are copies of the applicant' s letter requesting permission to file a new application; the Planning Commission's Resolution of Recommendation; Summary of the Planning Commission meeting; and Department of Planning Service's maps from the original application file showing the location of the property. 890018 DEPAR1 IVIENT OF PLANNING SERVICES • '� (� PHONE(303)356-4000 EXT. 4400 v 915 10th STREET if its � GREELEY,COLORADO 80631 • a e. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, January 3, 1989, at 1 :30 p.m. to review a request for approval from Robert Comer for permission to file a land-use application for property previously denied a land-use permit by the Board of County Commissioners. The Planning Commission will consider whether the petitioner has demonstrated that a substantial change in the facts or circumstances has occurred subsequent to the Board of County Commissioner's decision or that there is newly discovered evidence that the petitioner could not have discovered with diligent effort at the time the original land-use application was considered. The parcel of land is described as Lot 4, Block 1, Seehusen Subdivision and Lot 1, SRI of Section 9, T5N, P.65W of the 6th P.M. , Weld County, Colorado, and is 7 .5 acres, more or less. The property is west of and adjacent to Cherry Avenue and south of and adjacent to U.S. Highway 34. The public hearing to be held by the Weld County Planning Commission 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 Tenth 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 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on January 3, 1989. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Bud Halldorson, Chairman Weld County Planning Commission To be published in the Platteville Herald To be published one (1) time by December 16, 1988 Received by: Date: 890018 q . 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'1�t: V If�gf�} y _ ry�,,y,t�' t. Y{sl �Y {r �j ..N h-', 4t � ct % , ji .yM �kR�4. d t a r 9 �..S e•( 5 l t.�.. -r it: >r iii l tY{.} 'R+r ,ilt'Jv tx :3J t! < 1 7 • ‘▪ iii, +. zFfir' ..:1lfb: :b1R.<-,,. ilZ9g .k.►,l .n°�Y,i?Par+.Fn� : :+Oar'. rM�v.% its., ^•� ]F• - REFERRAL LIST APPLICANT: Robert E. Comer CASE NUMBER: SCH-4 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: December 27, 1988 NO SR NR NO SR NR County Attorney Weld County Health Dept. X Engineering Department County Extension Agent Office of Emergency Mngmt Ed Barring X Ann J. Garrison 23736 Weld County Road 58 Greeley, CO 80631 X State Highway Department P.O. Box 850 Greeley, CO 80632 X Wester Hills Fire Department c/o Greg Miller 1804 Cherry Avenue Greeley, CO 80631 X City of Greeley Planning Department 1000 10th Street Greeley, CO 80631 X Greeley Fire Department c/o Gary Novinger, Chief 919 Seventh Street Greeley, CO 80631 _ Historical Society of Colorado Historic Preservation State History Museum 1300 Broadway Denver, CO 80203 NO=No Objection SR=Specific Recommendations NR=No Response 133018 Summary of the Weld County Planning Commission Meeting August 4, 1987 Page 8 CASE NUMBER: Z-436:87:5 APPLICANT: Plastic Art Products, c/o Robert Comer REQUEST: Change of Zone from C-3 (Commercial) and R-I (Low Density Residential) to I-2 (Industrial) zone district LEGAL DESCRIPTION: Lot 4, Block 1 , Seehusen Subdivision and Lot 1, SEy of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the City of Greeley; south of U.S. Highway 34 and west of Cherry Avenue APPEARANCE: Bob Comer, property owner and applicant, explained his application. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. Comer if he had reviewed the recommendations and conditions as outlined by the Department of Planning Services. He stated he had no problem with these except for the setback requirements. Brian Bingle explained the setback requirements did not pertain to existing structures. These setbacks would pertain only to future permits. The Chairman asked Mr. Comer if he had any objections to filing the recommendations and conditions with the Summary of the Planning Commission meeting in lieu of reading them into the record? Mr. Comer stated he had no objections. MOTION: Paulette Weaver moved Case Number Z-436:87: 15 for Plastic Art Products, c/o Robert Comer, for a change of zone from Commercial-Three and Residential-One (low density residential) to an Industrial-Two zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based on the recommendations and conditions as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lynn Brown - yes; Bud Halldorson - yes; Ernie Ross - yes; Ivan Gosnell - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes. Motion carried unanimously. :330919 D O L : C I E S A N! D PPCEDURES q y, "0 S '�.tq Section General Administration 14i97,11 Subject Applications for Land-Use For Property Previously Denied P" j Date 10/22/86 8 COLORADO Page APPLICATIONS FOR LAND-USE FOR PROPERTY PREVIOUSLY DENIED 1 . Neither an applicant nor his successors in interest in property for which a land-use application was denied within the preceding five (5) years may submit a land-use application or request a rehearing on a previously submitted application for any portion of the property contained in the original application unless the Board of County Commissioners has determined that, based upon a showing by the applicant, there has been a substantial change in the facts and circumstances regarding the application or that there is newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. 2. "Substantial change in facts and circumstances" shall mean a substantial change in the land-use application, in the surrounding land-uses or in applicable provisions of the law. 3. A petition requesting rehearing on an application or permission to file another application for property previously denied a land-use permit shall be submitted to the Department of Planning Services for processing. The Department shall schedule a substantial change hearing before the Planning Commission or 'Board of County Commissioners. Land-use applications originally heard by only the Board of County Commissioners shall be scheduled before the Board only. The Planning Commission shall consider the rehearing petition only if it considered the original land-use application. It shall review the petition and any supporting information. The Planning Commission shall consider whether the applicant has demonstrated that a substantial chance in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission shall make a written recommendation of its findings to the Board of County Commissioners. 4. Legal notice of a substantial change hearing shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the Planning Commission hearing. 890018 i {( Section C:;?ER4L .-nMriI5-Ri_'I0'] i i SubSubject 4DPLIOA^r0 ;5 FOR LAND-USE FORPROPERTY DREVIOUSL DENT" (o COLORADO Date 5/21/85 Page 8. 1 5 . Notice of the substantial change hearing and the public hearing date shall be provided to owners of property located within five hundred (500) feet of the parcel under consideration and owners and lessees of the mineral estate on or under the parcel under consideration. The notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Similar notice shall also be provided any agency, body, or group who received a referral request from the Department of Planning services on the original application. 6. The Board of County Commissioners shall hold a substantial change hearing after the legal notice and notices to property owner, mineral owners and lessees, and referral agencies identified in 4 and 5 have been completed. The legal notice and notification shall be done at least ten (10) days prior to the Board's hearing. 7. The Board of County Commissioners may grant such a petition when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence not available to the applicant at the time the Board considered the application. The Board may deny the petition solely upon the contents of the petition or when deemed advisable by the Board that the applicant has failed to demonstrate that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Board shall consider the applicant's rehearing petition, the Planning Commission's recommendation, oral testimony at the public hearings , written related information, and any other relevant material in making its decision. 8. When the Board of County Commissioners grants a rehearing petition, the applicant may file a new application with the Department of Planning Services. The application shall be processed in accordance with the requirements of the Weld County Zoning Ordinance or Weld County Subdivision Regulations. 9 . No petition for rehearing may be granted where the decision of the Board of County Commissioners on a land-use application has been appealed or contested in any court of law, during the pendency of the court action. 333001E SURROUNDING PROPERTY OWNERS SURROUNDING MINERAL OWNERS ROBERT COMER SCH-4 Alice B. Smith 2127 14th Street Road Greeley, CO 80631 Theodore and Bertha Dill 1843 Cherry Avenue Greeley, CO 80631 Herbert J. and Ardith J. Nusser 1812 Birch Avenue Greeley, CO 80631 Kent and Nelda Brownlee 1135 East 20th Street Greeley, CO 80631 Frederick W. and Shriley M. Leis 1017 East 20th Street Greeley, CO 80631 Alan R. and Susan G. Cettman 1903 Cherry Avenue Greeley, CO 80631 H.D. and Lillian Scott 1923 Cherry Avenue Greeley, CO 80631 Milford L. and Marageret L. Copeland 1217 East 20th Street Greeley, CO 80631 Leland H. and Josephine Laing 1103 East 20th Street Greeley, CO 80631 Nusser Trailer Sales 1034 East 18th Street Greeley, CO 80631 Clarence and Lorene Ley 1048 East 16th Street Greeley, CO 80631 890018 SURROUNDING PROEPRTY OWNERS SURROUNDING MINERAL OWNERS ROBERT COMER PAGE 2 Tennis Meadows c/o James smith 2127 14th Street Road Greeley, CO 80631 Lawrence G. and Dorothy J. Cieloha 1931 Cherry Avenue Greeley, CO 80631 Ariliss Gorden and Donna Powers 1915 Cherry Avenue Greeley, CO 80631 John E. Keever 1401 East 18th Street Greeley, CO 80631 Alfred F. Cioloha 1108 East 18th Street Greeley, CO 80631 Carl F. Sealey 1107 East 18th Street Greeley, CO 80631 Julian Jr. , and Susan A. Martinez 1103 East 18th Street Greeley, CO 80631 Dan L. Leahy 1115 East 20th Street Greeley, CO 80631 Raymond and Grace Ginther 1121 East 20th Street Greeley, CO 80631 Jackie Ray and Olive May Richter 324 26th Avenue Greeley, CO 80631 Jimmy Lee and JoAnn Victoria Heinze 324 26th Avenue Greeley, CO 80631 —3001r SURROUNDING PROPERTY OWNERS SURROUNDING MINERAL OWNERS ROBERT COMER PAGE 3 Ray 0. Kane 1201 East 20th Street Greeley, CO 80631 Alvin LeRoy and Ruby Jane Fuss 1133 East 20th Street Greeley, CO 80631 Raymond J. and Mary Margaret Green 1839 Cherry Avenue Greeley, CO 80631 City of Greeley 9-1-9-7-ttr-StfTet Greeley, CO 80631 Carl A. and Lucille V. Luther 1328 East 18th Street Greeley, CO 80631 Ronald Rex and Alice Marie Richardson 1321 East 20th Street Greeley, CO 80631 Charles Gary and Jerre F. Largent 1325 7th Street Greeley, CO 80631 Robert E. and Lanora Comer 1124 East 18th Street Greeley, CO 80631 Robert E. and Lanora Comer 1216 East 18th Street Greeley, CO 80631 Robert E. and Lanora Comer 1226 East 18th Street Greeley, CO 80631 890018 Hello