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Home My WebLink About860498.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: DENIAL OF USE BY SPECIAL -REVIEW FOR A CHANGE IN A NONCONFORMING USE (EXCAVATION COMPANY) IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT - _LOYD G. SARGENT (AUTHORIZED AGENT FOR ROBERT HINMAN) 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, the Board of County Commissioners held a public hearing on the 21st nay of May, 1986 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Loyd G. Sargent (authorized agent for Robert Hinman) , 2163 27th Avenue, Greeley, Colorado 80631 , for a Use by Special Review for a change in a nonconforming use (excavation company) in the R-1 (Low Density Residential) Zone District on the following described real estate , to-wit: Part of the Lot 2 , in the SW≤ SE4, Section 9 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 . 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be denied for the following reasons: 1 . The proposal under consideration does not meet the criteria for review and approval as stated in Section 24. 4 of the Weld County Zoning Ordinance, as follows: 860498 Y7rzyLOO � + a � � �s- Page 2 RE: DENY USR - SARGENT a. The applicant has not demonstrated in written or oral statements that the request is consistent with the intent of the zone district in which the use is located. b. The applicant has not demonstrated that the proposed Use by Special Review activity will be compatible with the existing surrounding land uses. c. The applicant did not provide evidence, as required by Section 24 . 4. 2. 4 , that the requested uses will be compatible with future development of the surrounding area as permitted by the existing zoning and with future development as projected by the Comprehensive Plan of affected municipalities. d. The application materials do not demonstrate that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood. 2 . It is the opinion of the Board of County Commissioners that this application does not meet the criteria established in Section 73 . 2. 1 of the Weld County Zoning Ordinance regarding a change in a nonconforming use. The proposed excavation operation is less compatible with the R-1 (Low Density Residential) Zone District and neighborhood than the previously established nonconforming use. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a change in a nonconforming use (excavation company) in the R-1 (Low Density Residential) Zone District on the hereinabove described parcel of land be, and hereby is , denied. BE IT FURTHER RESOLVED by the Board that the applicant be, and hereby is , allowed six months to submit a new application for a change to a use which would better meet the requirements. 860498 Page 3 RE: DENY USR - SARGENT The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D. , 1986 . nn yy .{- BOARD OF COUNTY COMMISSIONERS ATTEST:ViQ ai."4.�4tmAdtzr„ WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board �, n / Jacquelin ' J• • . on, Chairman BY AX_. Go Lacy i ' Tem Deputy County Clerk APPROVED AS TO FORM: e e R. Brantner /fri lfr b County Atto ey t�� Frank aguc 860498 HEARING CERTIFICATION DOCKET NO. 86-34 RE: USE BY SPECIAL REVIEW FOR A CHANGE IN A NONCONFORMING USE (EXCAVATION COMPANY) IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT - LOYD G. SARGENT (AUTHORIZED AGENT FOR ROBERT HINMAN) A public hearing was conducted on May 21, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman - Excused Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria V. Dunn The following business was transacted: I hereby certify that pursuant to a notice dated May 5, 1986, and duly published May 8, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Loyd G. Sargent (authorized agent for Robert Hinman) for a Use by Special Review for a change in a nonconforming use (excavation company) in the R-1 (I.ow Density Residential) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, representing the Planning Department, read the recommendation of the Planning Commission for denial of this application into the record. When Loyd Sargent, the applicant, came forward, Chairman Pro-Tem Lacy informed him of the procedure followed when only four Commissioners are present to hear land-use matters. Mr. Morrison reminded those present that the major issue in a hearing of this nature is whether the proposed use is equally appropriate or more appropriate to the zoning district and the neighborhood than the existing nonconforming use. Mr. Sargent stated that this property was used by a trucking company, and is now being used for a heavy equipment operation, with certain items being stockpiled there. In the ensuing discussion, it was stated that the current usage has been there approximately fourteen months, and when the property was evaluated in 1977, it was being used by Turf Tech, which is the nonconforming use of record. Harlan Pettit, who is building a home in the neighborhood, came forward to present testimony to the Board. (TAPE CHANGE #86-37) He stated that Turf Tech had a much cleaner appearance than the present operation, with no large trucks. He expressed the opinion that his property has devalued with the present operation. Ken Richardson, a neighbor, also spoke in opposition to this request. Further discussion centered on possible ways to handle this request. Commissioner Brantner moved to deny the Use by Special Review for a change in a nonconforming use to an excavation company and allow Mr. Sargent six months to re-submit a new application for a change of nonconforming use to a use which would meet the qualifications. Commissioner Kirby seconded the motion. Commissioner Lacy stated that he would vote for the motion, since he felt that the applicant had not shown that the proposed use would be consistent with the past nonconforming use. The motion carried unanimously. Page 2 RE: USR - SARGENT This Certification was approved on the 28th day of May, 1986. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: ✓.L,r,J WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacquel a ohnson, C airman By:�YX bl Deputy County Cle k Go a t+, ro-' Gene R. Brantner • C. . Ki Frank amaguchi TAPE #86-36 & #86-37 DOCKET #86-34 PL0046 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 21, 1986 DOCKET # 86-34 USR-CHANGE IN NONCONFORMING USE IN R-1 DISTRICT, LOYD G. SARGENT DOCKET # - DOCKET # PLEASE write or print legibly your name , address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ,_,r '_ � 50 4 / -i 0 NOTICE 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 Use by Special Review 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 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. 86-34 Loyd G. Sargent (authorized agent for Robert Hinman) 2163 27th Avenue Greeley, Colorado 80631 DATE: May 21 , 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Change in a nonconforming use (excavation company) in the R-1 (Low Density Residential) Zone District LEGAL DESCRIPTION: Part of the W}, Lot 2, in the SW} SEI , Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: May 5, 1986 PUBLISHED: May 8, 1986, in the Johnstown Breeze {{�qq�� Agx"M'B:T AFFIDAVIT OF PUBLICATION NOTICE - Pursuant to the zoning laws of THE JOHNSTOWN BREEZE the State Co ofCounty CZoningogdo din the STATE OF COLORADO ) a publ co heari ill Ordinance!' eld in the Chambers of the Board of ) SS County Commissioners of Weld COUNTY OF WELD ) County Colorado, Weld County I, Clyde Briggs, do solemnly swear that I Centennial Center 915 10th Street First Floor,Greeley, Colo- am publisher of The Johnstown Breeze; rado, at the time specified. All that the same is a weekly newspaper peens in any manner Interested in the Use by Special Review are printed, in whole or in part, and published requested,to attend and may be in the County of Weld, State of Colorado, heard and has a general circulation therein; that Should the 'epplicant, Or any said newspaper has been published interested party desire the presence of a court reporter to continuously and uninterruptedly in said make a,in a <adrd addition to the taped of the pro- ca County of Weld for a period of more than the record h�icvhl-will b the e kept k to u dturing fifty-two consecutive weeks prior to the Board's Omce can be contacted first publication of the annexed legal notice for a list of court reporters in the or advertisement; that said newspaper)er has area. If a court reporter is I f obtained,the Clerk to the Board's been admitted to the United States mails as of Office actlo advised s five`days second-class matter under the provisions of prior to the hearing. The cost of- the Act of March 3, 1879, or ally engaging a court requesting amendments thereof, and that said be borne a the treporter party.hal BE IT ALSO KNOWN that the newspaper is a weekly newspaper duly text and maps so certified by the qualified for publishing legal notices and ion may b Planning examined Commis- advertisements within the meaning of the slop may Cbeounty in Commis- sion 6 office of the clerk to the Board of laws of the State of Colorado. County Commissioners, 'located in the Weld County Centennial That the annexed legal notice or advertise- Center,Greeleeley 10th Colorado.scree Third Floor, ment was published in the regular and DOCKET NO. 86-34 entire issue of every number of said weekly APPLICANT newspaper for the period of " consecu- Loyd G. Sargent tive insertions; and that the first (authorized agent for Robert Hinman) publication of said notice was in the issue of 2183 Greeley, Colorado 80831 said newspaper (kited .c.—..Er., A.D. ltd.*? DATE: May 21, 1986 and that the last publication of said notice was in the issue of said newspaper dated TIME: 2:00 P.M. , A.D. 19 REQUEST: Use by Special In witness whereof I have hereunto set Review - Change in a noncon- forming use my hand plus ....iii day of .. . ._.., company) in the (excavation $' �.I . LEGALDensit DESCRIPTntial)ION: Zone District A.D. L3 .. n LEGAL LoSCRIPTION: Part of /////// the Wik, Lot 2, in the S 3t , Sections 9, Township 6 Northh, Range 85 West of the 6th P.M., Publisher Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Subscribed and sworn to before me, a BY: MARY ANN Notary Public in and for the County of FEUERSTEIN W , State of Colorapo/this ...2.... day of COUNTY CLERK AND ,i .... A.D. le. / "...RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy �/ ---7,� - ,�v—�—Q� DATED: May 5, 1988 , � ,L(1 ��- `r - •- PUBLISHED: May 8, 1986 in the t� Notary Public Johnstown Breeze My commission expires Hty /.n,''''ss.on txtares A,ne i 3 1987 2 ;f:Ct( i, l Grier A.er:ue khr..Irwn, CC) _ -. s Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Millette S. Clarkson of said County of Weld, being duly sworn, say that I am an advertising clerk 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 Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive Near it 's- I!' (days) ( Q; that the notice was published in the WwUaeIp"'lt"ya� »M hfi' a AltS +Rt regular and entire issue of every number of said .hemeete She wdreeww t newspaper during the period and time of publication of Cnlorado, Wet entannial CMtot, 9 Alit h ee First ey,{olorado,et the tlmeapesNled.All persons in any said er notice, and in the newspaper proper and not in a manner interested in the Use by Special Review are requested to P P attend and may be heard. supplement thereof; that the first publication of said Should the applidant or any interested party desire the presence of e court reporter to make a record of the proceedings,M addition notice was contained in the issue of said newspaper 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 court reporters in bearing date the area.If a court reporter Is obtained,the Clark to the Board's Of- f ice shall be advised In writing of such linden at least five days prior to the hearing.The cost of engaging a court reporter shall be borne by the requesting party. Fl eventh BE TT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commissionenay be examined in the office of day of M. 86 the Clerk to the Board.of County Co{ntidsslonera,located In the Weld May A.D. 19{ y ; County Centennial Center, 915 10th Street, Third Floor, Greeley, and the last publication thereof; in the issue of said Colorado: DOCKET NO.86-34 APPLICANT newspaper bearing date the Loyd G.SargentM (autha'rRed agent for Robert Avenue 2163 27th Avenue Greeley,Colorado 90631 FJPverith DATE.May 21,1986 TIME:2:00 P.M. day of May A.D. 19 _; REQUEST:Use by Special Review-Change MK nonconforming use (excavation company)In the R-1 (Low Density Residential)Zone that said The Greeley Daily Tribune and The Greeley District LEGAL ?,Townships Nortn Range 651Nest a the the PP M..,W ie Republican, has been published continuously and County,Colorado BOARD OF COUNTY COMM{S91ONER5 uninterruptedly during the period of at least six WELD COUNTY.COLORADO months next prior to the first issue thereof contained BY.:MARY ANN FEUERST IN r said notice or advertisement above referred to; that said 041110 r.r�, ' d . newspaper has been admitted to the United States Teo t ri1emblee DOW gT�P+ " k. mails as second-class matter under the provisions of the MyxP ` 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. May 11,1986 Total Charge: $27.52 V77 ,i,� Advertising Clerk Subscribed and sworn to before me this 11 day of May A.D. 19 86 / M o nmissiow" iressommf§sion Fx s Ian.. 14, 1990 ,� Nota4y Public OFFICE OF BOARD OF COUNTY COMMISSIONERS I4J \ PHONE(303)356-4000, EXT.4200 O BOX 758 GREELEY,COLORADO 80632 O COLORADO ` 73 . 7''' APR ;i l April 23, 1986 `� 1986 jf Loyd G. Sargent 2163 27th Avenue Greeley, Colorado 80631 Dear Mr. Sargent: The application in which you are the authorized agent for Robert Hinman for a Use by Special Review permit for a change in a nonconforming use (excavation company) in the R-1 (low density residential) Zone District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the W} , Lot 2, in the SWI SEi , Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by May 9, 1986. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNT COLORADO I wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising /expense. A n O f .1 A.:2/.19 i J i 7� Lvt/E/T 7) ' N m en ¢ w F o zzco Ir \ x60 0 .\ C. N- l>.41 \ 7 en 41 Q � [7.1 O W+ ti i-] N CJ i !Ii !1 tr it i M 1/44 <P-- zzm y I Ilkt 6600 E§�l 8 1 ❑�- Pe , I it jid ' 5 1 I i1ii1 ' il❑ ❑ aa �1 PS Form 3811,July 1983 447446 2 *,,v,,,,re DOMESTIC RETURN RECEIPT DATE: May 5 , 1986 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 21st day of May, 1986 , at 2: 00 P.M. Docket No. 86-34 - Loyd G. Sargent - USR, Change in nonconforming use in R-1 Zone District OFFICE OF THE CL K TO THE BOARD BY: i�// y, Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNT ; / • COLO DO tiara SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Apra_ 15, A regular meeting of the Weld County Planning Commission was held on April 15, 1986, in the County Commissioners' Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting wa_, called t, order by the chairman, Jack Holman at 1:30 p.m. Tape 237 - Side 1 ROLL CALL Lydia Dunbar Absent - Called in Doug Graff Present Don Johnson Present Harlan Else Present Louis Rademacher Present Ann Garrison Present S Lynn Brown Present Paulette Weaver Present Jack Holman Present • Also present: Gloria Dunn, Current Planner, Bruce Barker, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on April 15, 1986, was approved as distributed. CASE NUMBER: USR-730:86: 12 APPLICANT: Loyd G. Sargent REQUEST: A Use by Special Review permit for a Change in a Nonconforming Use (excavation company) in the R-1 (low density residential) zone district LEGAL DESCRIPTION: Part of the W} , Lot 2, located in the SW} SEi , Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile east of Greeley; south of East 18th Street and east of First Avenue APPEARANCE: Loyd G. Sargent, authorized agent for Robert Hinman, stated the owners health is bad and he could not be here today. He was 'ca t th owner market this property. He gave a backgound hist oP from the time the zoning laws for Weld County went property is now leased to D. D. Derr Excavating Company of the Weld County Zoning Ordinance. This request is a r , the violation. Tape 237 — Side 2 yp 3 4 CV/1/5/7 �C. Summary of the WEld County Planning Commission Meeting April 15, 1986 Page 2 The present lessees would like to buy this property if this request is granted. The uses for this property are very limited, i.e. , a park, ball diamond, or subdivision because of the Residential-One zoning unless a business could be operated through approval of a Use by Special Review permit or a change of zone. This property is bordered on one side by Commercial-Industrial and on the other side by low density residential. An excavation business is a low profile business and would offer a buffer zone between the two types of zoning. The Chairman called for discussion from the members of the audience. Kenneth Richardson, surrounding property owner, spoke in opposition to this request. He presented a petition signed by most of the people in the neighborhood and presented photographs of the property. These were retained by the staff as evidence. r Emmett Derr, part owner of the excavating company, reported they sometimes work until 8:00 p.m. in the shop, and if they take a load of iron to Denver they do leave at 3:30 a.m. to be able to be in Denver by 7:00 a.m. , but other than this they do not run the trucks into the night—time hours. Ann Schenkman, surrounding property owner, stated she lives within a block of this property and the property is an eyesore. Gordon Brenkle, surrounding property owner, stated he is against this proposal. There is more traffic and dirt with the excavation company than there was with previous trucking companies. The Chairman asked Gloria Dunn to read the recommendation, which is for denial, into the record. MOTION: Ann Garrison moved Case Number USR-730:86: 12 for Loyd G. Sargent for a Use by Special Review permit for a Change in a nonconforming Use (excavation company) in the R-1 (low density residential) zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the recommendations of the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. C Summary of the Weld County Planning Commission Meeting April 15, 1986 Page 3 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; Ann Garrison - yes; Louis Rademacher - yes; Harlan Else - yes; Don Johnson - Yes, but with reservations. This property has had a business on it for over twenty-five years and has only been zoned residental for ten years or so. Therefore, perhaps the property is improperly zoned and the applicant should consider rezoning rather than a Use by Special Review. Lynn Brown; Doug Graff; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-731:86: 13 APPLICANT: Reynold Herbst REQUEST: A Use by Special Review permit for a wet, open-cut sand and gravel operation LEGAL DESCRIPTION: Part of the NWk , Section 31, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile north of Greeley City Limits; east of Weld County Road 25 and north of Weld County Road 62 APPEARANCE: Gerry McRae, P.E. , McRae and Short Engineering, Inc. , represented the applicant. This will be a small, less than ten acres, gravel pit and is limited to removal of no more than seventy thousand tons per year by its definition. Tape 238 - Side 1 Reclamation of the site will be an open pond. The mining operation will start on the west side and as they move east the topsoil will be replaced and the property reclaimed. Reynold Herbst, property owner and applicant, reported there will be no water used from the pond in the mining process. Any water that will be used will be properly adjudicated. There will be crushers, sorters, etc. , at this site. Noise control is under local jurisdictions. The Chairman called for discussion from the members of the audience. Wilber Firestein, surrounding property owner, stated he has no objections to this request. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff. He stated he has no objections to these recommendation. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution fie__ introduced for passage by the Weld County Planning Commission. Be it noRARWIlfyrt ,,,, 1 ERg County Planning Commission that the application for: E& CASE NUMBER: USR-730:86:12 9 R Z g �g� NAME: Loyd G. Sargent (authorized agent for Robert Hi p.6 ' } ADDRESS: 2163 27th Avenue, Greeley, Colorado 80631 • o. REQUEST: A Use by Special Review permit for a change in a nonconforming use , (excavation company) in the R-1 (low density residential) Zone District LEGAL DESCRIPTION: Part of the W} , Lot 2, in the SW} SE}, Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile east of Greeley; south of East 18th Street and east of First Avenue be recommended unfavorably to the Board of County Commissioners for the following reasons: The proposal under consideration does not meet the criteria for review and approval as stated in Section 24.3 of the Weld County Zoning Ordinance. I. The applicant has not demonstrated in written or oral statements that the request is consistent with the intent of the zone district in which the use is located. The subject property is located within the R-1 (low density residential) Zone district of the County which allows, as the principle use, single family dwellings. The function of the other uses allowed by right in the R-1 zone is that of providing basic services to residents in the neighborhood (see Section 32.2; copy attached) . A nonconforming use of a similar nature (trucking operation) was established on the subject site prior to R-1 zoning in 1962, rendering the use a legal use at the original, documented level of intensity so long as no abandonment of the use occurred. The application under consideration, however, proposes a much greater level of traffic intensity on Balsam Avenue as well as an increased level of activity on the site. Adverse visual impacts in a manner considered unacceptable in the R-1 Zone district would result, if the Use by Special Review permit is approved. 2FX///n/ T 73 USR-730:86: 12 Loyd G. Sargent (authorized agent for Robert Hinman) April 15, 1986 Page 2 II. The submitted application materials demonstrate that the proposed Use by Special Review activity will not be compatible with the existing surrounding land uses. The subject property is located in an established residential area. A field inspection of the site revealed that twenty-two residences surround the trucking yard; the majority are located south and north on the east side of Balsam Avenue. One home is directly across the fence, approximately ten feet south of the existing trucking activity. The Use by Special Review area is situated on Balsam Avenue and is within one block of East 18th Street; both Balsam and 18th Street have arterial designations according to the Weld County Thoroughfare Plan. A mixture of rural, residential, and commercial uses does exist north of the site along East 18th Street; however the proposed industrial-type business is the most intensive development in the area, in terms of generating truck traffic, visual impacts created by outdoor storage of equipment and on-site noise. The proposed use is not compatible with the surrounding area due to the concentration of single family dwellings surrounding the site in the immediate neighborhood and Greeley's future plans for low and medium density residential development. III. Section 24.3.1.4 requires evidence that the requested uses will be compatible with future development of the surrounding area as permitted by the existing zoning and with future development as projected by the Comprehensive Plan of affected municipalities. After consideration of the proposed change in Nonconforming Use, the Greeley Planning Commission recommended denial for the following reasons: 1) The request is not consistent with the East Greeley Comprehensive Plan map. The map designates this area for low and medium density residential development, should it be incorporated into the City of Greeley. 2) The operation is a visually and environmentally unacceptable land—use in a residential neighborhood due to traffic, noise and adverse visual impacts. t USR-730:86: 12 Loyd G. Sargent (authorized agent for Robert Hinman) April 15, 1986 Page 3 3) The City has identified problems with the use that cannot be effectively controlled because the problems impact the City without being in the jurisdiction of the City. Other concerns expressed by the Greeley Planning Department relate to public welfare and traffic safety at this location. IV. The application materials do not demonstrate that there is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood. It is the opinion of the Department of Planning Services staff that the location of the trucking firm is inappropriate, given the proposed intensity of the operation and the residential density existing within close proximity of the site. A surrounding property owner expressed concerns regarding increased traffic along Balsam Avenue, which creates a hazard for school buses and neighborhood children, excessive noise, and fugitive dust in the area. Section 73.2.1 of the Weld County Zoning Ordinance states: "A nonconforming use may as a Use by Special Review be changed to another use which does not conform to the uses allowed in the zoning district provided that the Board of County Commissioners shall find that the proposed use is equally appropriate or more appropriate to the zoning district and neighborhood than the existing nonconforming use. . ." After review of the submitted application materials and other information gathered by the Department of Planning Services regarding the subject property, it is the staff's opinion that the proposed trucking activity is less compatible with the R-1 (low density residential) zone district and neighborhood than previously established nonconforming uses. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed the request. USR-730:86:12 Loyd G. Sargent (authorized agent for Robert Hinman) April 15, 1986 Page 4 Motion seconded by Lynn Brown. Vote For Passage Against Passage Paulette Weaver Ann Garrison Louis Rademacher Harlan Else Don Johnson Lynn Brown Doug Graff Jack Holman 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 April 15, 1986 and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 17th day of Arpil, 1986. ZOt-L.... Oeoa Bobbie Good Secretary INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number V Si\ 130 : k6 ; /;2 Submitted or Prepared Prior to Hearing At Hearing 1. Application / Pages V 2. Application plat(s) / page(s) L/ 3. DPS Referral Summary Sheet 4. DPS Recommendation 17' 5. DPS Surrounding Propery Owner Mailing List U' 6. DPS Mineral Owners Mailing List 7. J DPS Maps Prepared by Planning Technician i% 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field�Check / �� , ` �/- 11. —3-no h Act_ Y7 L 1(e--- ci,I r/S /O.O.4-4-- 12. ;dzc'JjGlt 32, 2 ,,2 tot (d CO. AIihci,ct ,;, 13. 7`-7`g Lte-- Yr0., C( . ��yy� ifs t Ja le'. . ✓" p p I _ / ICE S GLk 14. V-444,!J4, LL,t-'.-.- P'Nm. 6rte k et 15. pict+a yet k S a-ek I * �c1 V ) 16. j9-Z..m L k 1 "4 ) ✓ 17. i:��7 � fn i °1--- l� j� 19. y-� -!�cAh 20. I hereby certify that the /7‘,, items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify tha ;pre items wer orwarded to the Clerk to the Board's office on (Cr /1 19 1 Current, Planner [164------ STATE OF COLORADO ) ) COUNTY OF WELD ) 'Ye. SUBSCRIBED AND SWORN TO BEFORE ME THIS n DAY OF C •. .:A 19$6 , SEAL C ot+.s.k\4 Cktso� • NO ARY PUBLIC EV//Bi T N?' CCrN'MISSION EXPIRES m .' '4'" t'' a(7r ' _2' / EXHIBIT INVENTORY CONTROL SHEET Case 77_5-6„....497.21 Exhibit Submitted By Exhibit Description cy A. 7��iirmCO ��"Y 'V`//. oe�( ^�//12-9>aoJ.t 472J.,Z[E'O�� B. 427/22z.92, av o< oC—on �Y� /r��7r ear c. � �.�, ,2 tD. Celedi ��/ G.>? C // 61,-; �fvos�� Cva� ihaO/i F. (r � W677/2 / //� P f G. ✓✓✓ H. I. J. R. L. M. N. 0. #e k--6770Af-- Jul an/ 7V-e---41---/ anh/ �� 6 m /j / irgawmprimemppr 67/.1 7 A/ in ir---y r Ii 101- Oil 9 / ...-,..L , �k ,,,... 'f,�.. _re 4 / yf 1, ....„ . ... ,... ,::::: . /e . ._ r i ti It , .... , ., 'r i14 r: ,gip -` y�. tlp p _ 67A /A/* a � , ir , /(1...) al -ti. ko `'! , �� fir' / 7 April 3, 1986 TO: The Weld County Department of Planning Services 915 10th Street - Room 342 Greeley, Colorado 80631 RE: Case Number: USR-730:86:12 Rezoning: Loyd G. Sargent We, the undersigned oppose the rezoning of Pt. W1 of Lot 2 in SW1 SEA of Section 9, Twp. 5 N. Range 65W, of the 6th P.M. , Weld County, Colorado, approximately 1/2 mile east of Greeley, South of East 18th Street and east of 1st Avenue, to nonconforming use (excavation company) as the business is not conducive to a residential R-1 area. The rezoning would result in lower valuation of our homes and property. We declare we are legal property owners and reside within the area of 500 hundred feet of the property for which this request has been made. We ask you to decline the request for the rezoning on this property. Sincer y, ' /� / / Aj ,---Jc.,,,-- --,/ __,i,,p,j---iroz.,--z,-___ 7/7 Le. /9t.�42 iclt 1 9 l,/, / C/Z 'c- � r' , 34._z_c / rt, // /1 /` 1.1.41- , n / 3i, %Xa..4.1.c. 42 ,= ' ,� ).Y/iri---( �� l ; -1 � _ 1 ?-r--4_ — iii 1� �"� \30_t-P-Aw 0-tu ' '71 3 e;-4_, I '-&- O'e : 6Q' a _/ lfif 4,11-/--ui 'iv:AZ t,„ ,,'4<2,e1.,L,1 i:I‘ P7 /7 id; C.- i /7 ,( I�Gt.c1 f-ei✓1, - :=L3 LG'3�,•/C; '-Lc. 7/f f -/ 91 ,(' 4.--,;„ / �.' y mac` sf= ,2, _41i,Ln 1 D `_?r. /0'.-' - uJ/'''`; ter-i V M.:64()._6 i/ / ), ( 1 Z...,„ le. ''' 7-( °°,) v21/ g, /9r :Kay.. 0 fil.a„J, 19 i -ct/r� u e, iL -zP,'� ( L>7 G/ 7 4 3 L�: 2 e/ ' 0---Yz�-.. 4.) irek,..— ,_ 127 413ite,t,4,4.,ef t c Q L l /61,,k.,___:. ..ems f.c1 ,— -A,A3LA (104- . 1 1 �`�'-, ii q �`. r1 April 3, 1986 - page 2 To: The Weld County Department of Planning Services 915 10th Street - Room 342 Greeley, Colorado 80631 Re: Case number: USR-73-:86:12 Rezoning: Loyd G. Sargent We, the undersigned oppose the rezoning of Pt. W1 of Lot 2 in SWk SE% of Section 9, Twp. 5 N. Range 65W, of the 6th P.M. , Weld County, Colorado, approximately 1/2 mile east of Greeley, south of East 18th Street and east of 1st Avenue, to nonconforming use (excavation company) as the business is not conducive to a residential R-1 area. The rezoning would result in lower valuation of our homes and property. We declare we are legal property owners and reside within the area of 500 hundred feet of the property for which this request has been made. We ask you to decline the request for the rezoning of this property. Sincerely, -v-Ii, /,ice p s Inns otzt- l-� alb //x� `y ? lLGch4. ,., O se i U V-141/2Ai X07 ( r y 0 . ac 7,n 4,t7..„. Jn-' 7 ? 72_ Pi ct CS'z.r, It Y& - ' ( G '_ . /y,z _ O/4 i cr- / g. F- %g - 7 4 64.,/ J7, ti,friA x h/i& - 4 / A--,.,2 r a . //, Date: April 15, 1986 CASE NUMBER: USR-730:86: 12 NAME: Loyd G. Sargent (authorized agent for Robert Hinman) ADDRESS: 2163 27th Avenue, Greeley, Colorado 80631 REQUEST: A Use by Special Review permit for a change in a nonconforming use (excavation company) in the R-1 (low density residential) Zone District LEGAL DESCRIPTION: Part of the W}, Lot 2, in the SW} SE} , Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile east of Greeley; south of East 18th Street and east of First Avenue THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: The proposal under consideration does not meet the criteria for review and approval as stated in Section 24.3 of the Weld County Zoning Ordinance. I. The applicant has not demonstrated in written or oral statements that the request is consistent with the intent of the zone district in which the use is located. The subiect property is located within the R-1 (low density residential) Zone district of the County which allows, as the principle use, single family dwellings. The function of the other uses allowed by right in the R-1 zone is that of providing basic services to residents in the neighborhood (see Section 32.2; copy attached) . A nonconforming use of a similar nature (trucking operation) was established on the subject site prior to R-1 zoning in 1962, rendering the use a legal use at the original, documented level of intensity so long as no abandonment of the use occurred. The application under consideration, however, proposes a much greater level of traffic intensity on Balsam Avenue as well as an increased level of activity on the site. Adverse visual impacts in a manner considered unacceptable in the R-1 Zone district would result, if the Use by Special Review permit is approved. II. The submitted application materials demonstrate that the proposed Use by Special Review activity will not be compatible with the existing surrounding land uses. USR-730:86: 12 Loyd G. Sargent (authorized agent for Robert Hinman) Page 2 The subject property is located in an established residential area. A field inspection of the site revealed that twenty-two residences surround the trucking yard; the majority are located south and north on the east side of Balsam Avenue. One home is directly across the fence, approximately ten feet south of the existing trucking activity. The Use by Special Review area is situated on Balsam Avenue and is within one block of East 18th Street; both Balsam and 18th Street have arterial designations according to the Weld County Thoroughfare Plan. A mixture of rural, residential, and commercial uses does exist north of the site along East 18th Street; however the proposed industrial-type business is the most intensive development in the area, in terms of generating truck traffic, visual impacts created by outdoor storage of equipment and on-site noise. The proposed use is not compatible with the surrounding area due to the concentration of single family dwellings surrounding the site in the immediate neighborhood and Greeley's future plans for low and medium density residential development. III. Section 24.3.1.4 requires evidence that the requested uses will be compatible with future development of the surrounding area as permitted by the existing zoning and with future development as projected by the Comprehensive Plan of affected municipalities. After consideration of the proposed change in Nonconforming Use, the Greeley Planning Commission recommended denial for the following reasons: 1) The request is not consistent with the East Greeley Comprehensive Plan map. The map designates this area for low and medium density residential development, should it be incorporated into the City of Greeley. 2) The operation is a visually and environmentally unacceptable land-use in a residential neighborhood due to traffic, noise and adverse visual impacts. 3) The City has identified problems with the use that cannot he effectively controlled because the problems impact the City without being in the jurisdiction of the City. Other concerns expressed by the Greeley Planning Department relate to public welfare and traffic safety at this location. USR-73O:86:12 Loyd G. Sargent (authorized agent for Robert Hinman) Page 3 IV. The application materials do not demonstrate that there is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood. It is the opinion of the Department of Planning Services staff that the location of the trucking firm is inappropriate, given the proposed intensity of the operation and the residential density existing within close proximity of the site. A surrounding property owner expressed concerns regarding increased traffic along Balsam Avenue, which creates a hazard for school buses and neighborhood children, excessive noise, and fugitive dust in the area. Section 73.2.1 of the Weld County Zoning Ordinance states: "A nonconforming use may as a Use by Special Review be changed to another use which does not conform to the uses allowed in the zoning district provided that the Board of County Commissioners shall find that the proposed use is equally appropriate or more appropriate to the zoning district and neighborhood than the existing nonconforming use. . ." After review of the submitted application materials and other information gathered by the Department of Planning Services regarding the subject property, it is the staff's opinion that the proposed trucking activity is less compatible with the R-1 (low density residential) zone district and neighborhood than previously established nonconforming uses. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed the request. - ADDITIONAL COMMENTS Loyd Sargent USR-730:86:12 Section 73.3 of the Weld County Zoning Ordinance states: "If any nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such lot or parcel shall conform to the regulations specified by this ordinance for the zoning district in which such lot or parcel is located." The established, legal nonconforming use has been abandoned for a time period greater than six (6) months. Therefore, the denial of this Use by Special Review permit, requesting to change the nonconforming use, will result in the requirement for future uses on the property to comply with those uses allowed by right in the R-1 (low density residential) Zone district. The Department of Planning Services has received one objection from a surrounding property to the south of the proposed Use by Special Review site. [1 City of Greeley TO: Gloria Dunn, Current Planner FROM: Nicholas Matz, Planner II SUBJECT : Use by Special Review 730: 86: 12 ( 12: 86) DATE: April 11 , 1986 The Greeley Planning Commission recommends objection to the Use by Special Review permit for a change in a nonconforming use in the R-1 zone. The reasons and recommendation were sent under separate cover. This action occured on April 8, 1986, and the vote was 6 to 1 . ADMINISTRATIVE REVIEW C'"MENTS: 1 . The Traffic Engineer indicated that Balsam Avenue is classified as a collector and that 40 feet of right-of-way from centerline should be dedicated. 2. The Public Works Director indicated that the City would inherit any problems that relate to heavy truck traffic in a residential area and that steps should be taken now to control traffic impacts. NEIGHBORHOOD MEETING REQUIREMENTS: N/A PLANNING COMMISSION ACTION REQUESTED: A recommedation to the Weld County Planning Commission recommending objections to this Use by Special Review permit for the following reasons: 1 . It is not consistent with the Comprehenisve Plan 2. It is a visually and environmentally unacceptable land use in a residential area due to traffic, noise, and visual perception. 3. The City has identified problems with this use that it cannot effectively control because they will impact the City without being in the jurisdiction of the City. Planning Commission should also recommend that, should a Use by Special Review permit be granted, the following conditions apply: 1 . 40 feet of right-of-way from centerline of road should be dedicated 2. Hours of operation should be strictly limited to 8 a.m. to 5 p.m. 3. Some form of vegetative screening should be put in place around the entire perimeter. 4. A truck route should be established by Weld County Planning Commmission and the applicant, and adhered to. ,,. . 2 I permitted per acre J nt (7e ' t /It�� „i / „u,�,y a 4 per acre Lo ��U9YL ¢' or portion .G !� v�Krr thereof 32 Residential Districts 11 T u�� uDa7o e sttOot. 32. 1 Intent of the Residential Districts. The R-1 , R-2, R-3, R-4 and R-5 Residential Districts are intended to provide the present and future residents of Weld County with areas in which to locate and establish residential land USES and land USES that are ccmpatible with residential areas. The Residential Districts are intended to be located designed, and developed in a manner that is compatible with the Weld County Comprehensive Plan and the adopted MASTER PLANS of affected municipalities. 32.2 The P-1 (Low Density Residential) District 32.2.1 Intent of the P-1 District. The purpose of theIt R-1 District is to provide areas in Weld County for SINGLE FAMITY residential USE that are located, designed and developed in compliance with the Weld County Comprehensive Plan and the adopted F• MASTER PLANS of affected municipalities. The R-1 District is also intended to accommodatemk non-residential land USES that are both ACCESSORY to and compatible with residential USES allowed by right in the District. El 32.2.2 Uses Allowed by Right in the R-1 District. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the R-1 District except for one or more of the following USES. Land in the R- 1 District must be USED in compliance with the Bulk Requirements contained in Section 32.7. USES within the R-1 District are subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 32.2.2.1 One (1) DWELLING UNIT per LEGAL LOT, said DWELLING UNIT shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. Evidence that PUBLIC WATER AND PUBLIC SEWERS are available to the LEGAL LOT shall be provided prior to the issuance of a building permit. This requirement does not apply to any LEGAL LOT created prior toIr the enactment date of this Ordinance. This requirement also does not apply to any LOT included in a proposed subdivision which has preliminary subdivision plat or final subdivision plat approval by the Planning Commission or the 30-7IL L,, ;'a1,' �f-j Board of County Commissioners prior to the enactment date of this Ordinance. 32.2.2.2 PUBLIC parks and PUBLIC recreation areas. 32.2.2.3 PUBLIC SCHOOLS, and PUBLIC SCHOOL extension classes. 32.2.2.4 Police and fire stations or facilities. 32.2.2.5 UTIIITY SERVICE FACILITIES. 32.2.3 Accessory Uses in the R-1 District. The following BUILDINGS, STRUCTURES, and USES shall be allowed in the R-1 District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right in the R-1 District. Such BUILDINGS, STRUCTURES, and USES must be designed, constructed, and operated in conformance with the Bulk Requirements contained in Section 32.7. ACCESSORY USES within the R-1 District are also subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. Note: The I GROSS FLOOR AREA of ACCESSORY BUILDINGS constructed after the effective date of this Ordinance on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling subdivisions of less than ten (10) acres shall not be larger than one thousand five { hundred (1 ,500) square feet per BUILDING. 32.2.3.1 Garages, carports, and parking areas; 32.2.3.2 Swimming pools, tennis courts and similar recreational facilities; 32.2.3.3 SIGNS, in accordance with the provisions of Section 42; 32.2.3.4 HOME OCCUPATIONS; 32.2.3.5 Service BUILDINGS and facilities; and 32.2.3.6 Any other STRUCTURE or USE clearly incidental and ACCESSORY to a Use Allowed by Right in the R-I District. 32.2.4 Uses by Special Review in the R-1 District. The following BUIIDINCS, STRUCTURES, and USES may be constructed, occupied, operated, and maintained in the P—I District upon approval of a permit in accordance with the requirements and procedures set forth in Section 24, Uses by Special Review. 30-8 32.2.4.1 HOSPITALS, nursing homes, and rehabilitation centers; 32.2.4.2 Preschools and daycare centers; 32.2.4.3 Private schools; 32.2.4.4 Churches; 32.2.4.5 PRIVATE RECREATIONAL FACILITIES; and -32.2.4.6 OIL AND GAS PRODUCTION FACILITIES. 32.2.4.7 ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than one thousand five hundred (1500) square feet per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part of a map of plan filed prior to adoption of any regulations controlling subdivisions. 32.3 The R-2 (Duplex Residential) District 32.3. 1 Intent of the R-2 District. The purpose of the R-2 District is to provide areas in Weld County for DUPLEX residential USES that are located, designed, and developed in compliance with the Weld County Comprehensive Plan and the adopted MASTER PLANS of affected municipalities. The R-2 District is also intended to accommodate nonresidential land USES that are both ACCESSORY to and compatible with residential Uses Allowed by Right in the district. 32.3.2 Uses Allowed by Right in the R-2 District. No BUILDING, STRUCTURE or land shall be used, and no BUILDING, or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the R-2 District except for one or more of the following USES. Land in the R- 2 District must be USED in compliance with the Bulk Requirements contained in Section 32. 7. USES within the R-2 District are also subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 32.3.2. 1 USES listed as Uses by Right in the R-1 District 32.3.2.2 DUPLEX DWELLING UNIT. Said DWELLING UNITS shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. Evidence that PUBLIC WATER and PUBLIC SEWER is available to the LEGAL LOT shall be provided prior to the issuance of a building permit. This requirement does not apply to any LEGAL LOT created prior to the enactment date of this Ordinance. This 30-9 OFCOGp'. RICHARD LAMM h JERIS A. DANIELSON Governor r O * ."` o .`), * State Engineer s` OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 April 4, 1986 Ms. Gloria Dunn Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Sargent Special Review SW1/4 SE1/4, Sec. 9, T5N, R65W Dear Ms. Dunn: We have reviewed the above referenced Special Use Application for "existing structures, parking area for administration offices and servicing and storing equipment for excavation business". The referral indicates the business will employ three people. The proposed source of water is an exist- ing domestic well , permit no. 12716. This permit does not allow commercial use. We do not object to this proposal if the applicants can obtain a well permit or record the well for exempt commercial use and the well is required solely for drinking and sanitary use inside the business. The applicant should contact Steve Lautenschlager of our office for further information. Sincerely,Arc— te/47757/ Hal D. irnS pson, P.E. Deputy State Engineer HDS/JRH:ma/7431H pr6;51-ff . _? 9 1986 Weld Co. Planning eummissimi bn S.,1:1,C;/1.1, APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number ,Recording Fee Receipt Number 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 Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW1/a SE1/4 Section 9 T 5 N, R 65 w LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: SE1/4 SW'/a Section 9 T S N, R 65 w Property Address (if available) 1356 Balsam Avenue, Greeley, Colorado PRESENT ZONE R-1 OVERLAY ZONES TOTAL ACREAGE 2.499 Acres PROPOSED LAND USE Existing structures and parking area for administration offices 0/ft It/0,36/O'F/ and servicing and storing equipment for excavating business. EXISTING LAND USE Same as proposed use subject to Weld County zoning violation notice dated February 6, 1986 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Robert Hinman Address: 1629 Adriel Drive City Fort Collins, Colorado Zip 80524 Home Telephone # 493-6719 Business Telephone # N/A Name: Address: City Zip Home Telephone # Business Telephone # _ Name: Address: _ City Zip Home Telephone # Business Telephone #, APPLICANT OR AUTHORIZED AGENT (if different than above): Name:_j_nyd G.. Sargent - Address: 2163 - 27th Avenue _city Greeley. Colorado zip 80631 Home Telephone # 330-3788 Business Telephone-# 352-9000 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Robert Hinman Address: 1629 Adriel Drive city Fort Collins, Colorado zip 80521 Name:Address: City Zip Name:Address: _City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) S£gnatur : Owner of Aut rized Agent AV.V145M7E471,013n to before me this 7th day of `larch 1986 . . • - NOTAR 444,7 - 0t Avenue Court •• PUB`-"/0' =PY nklmi.ssiorwe es 9-9-37 Page One 1. Proposed Use: Existing structures and parking area to be used for administration offices and servicing and storage of equipment used for a trucking and excavating business. 2: Need For Use: Utilization of existing structures and fenced storage area in a manner consistent with the design and construction of the improvements and the lot size. The improvements were constructed in 1963 for the purpose of operating a trucking company consisting of approximately 15 trucks and the site was granted a variance (BOA-558:75: 12) for an extension of a nonconforming use to expand offices for a trucking operation in 1975. The present owner, Robert Hinman of 1629 Adriel Drive, Fort Collins, Colorado, purchased the property March 14, 1977 for $120,000.00 with the property leased back to the trucking company in possession of the property at that time of sale. Unfortunately the trucking company terminated their lease in 1979 leaving the owner searching for a new tenant. The property was rented to Turf Tec Distributors from 1979 to 1985. The existing facility far exceeded this company' s needs and the lack of long term sub leases dictated a move to a smaller facility. On March 20, 1985 the property was rented to D.D. Derr Excavating, Inc. The owners of D. D. Derr Excavating, Inc. desire to continue renting and eventually purchase the property if use for their business can be established. As a result of the improvements being subjected to the severe hail storm in June of 1983, a new heavier gauge steel roof was installed with an out of pocket cost of approximately $20,000.00 to Mr. Hinman. This addional cost of ownership along with a property tax increase from $1 ,555.00 for 1984 to $2,535.00 for 1985 presents a need to utilize the property to its; maximum. 3. Existing Uses On Surrounding Properties: 62096109400 038 - North: Residence, electrical business, irrigated farm land and livestock facilities. 62096109400 040 - East: Irrigated farm land. 62096109400 041 - Northeast: Residence and irrigated farm land. 62096109400 077 - South: Residence 62096109400 099 - Southeast: Irrigated farm land. 62096109300 037 - West: Residence and irrigated farm land. 62096109300 042 - Southwest: Irrigated farm land. 4. The Distance Of The Proposed Use To Residential Structures In Each Direction: 62096109400 038 250' North 62096109400 041 250' Northeast 62096109400 043 320' Northeast 62096109400 079 370' Northeast 62096109400 047 1060' East 62096109400 098 810' Southeast 62096109403 004 200' Southeast 62096108403 005 300' Southeast 62096108403 006 360' Southeast 62096108403 007 450' Southeast 62096108403 002 210' South 62096108403 003 210' South 62096108400 077 10' South Page Two 4. The Distance Of The Proposed Use To Residential Structures In Each Direction: ' (continued) 62096109402 006 350' South 62096109402 005 350' South 62096109402 004 350' South 62096109402 003 550' South 62096109402 002 550' South 62096109300 043 620' Southwest 62096109300 042 1020' Southwest 62095109300 036 550' Northwest 62096109300 037 250' Northwest 62096109300 012 420' Northwest 5. The Maximum Number Of - A. Users: One B. Patrons: Minimal C. Members: N/A D. Buyers: N/A 6. The Number Of - A. Owners of Operation: Three B. Employees: Three C. Shifts: One D. Hours of Operation: 6:00 A.M. - 6:00 P.M. 7. The Type Of Water Source For The Proposed Use: Well No. 012716 dated September, 1962, 81 feet deep, 24 G.P.M. issued to Bennett and White. 8. The Access Route To Be Utilized For The Proposed Use: East - West: East Highway 34 North - South: Balsam Avenue 9. Vehicular Traffic Associated With The Proposed Use: A. COMPANY VEHICLES TOTAL TYPE SIZE APPROXIMATE EMPTY APPROXIMATE ROUND WEIGHT IN POUNDS TRIPS PER WEEK 1. Semi tractor (3 ea. ) tandem Drive 15,000. 24 2. Equipment trailer(1 ea. ) 30 feet 7,000. 6 3. Belly dump Trailer (2 ea. ) 36 feet 15,000. 12 4. Flat bed trailer (2 ea. ) 40 & 45 feet 10,000. 6 5. Back dump truck (2 ea. ) tandem drive 18,000. 20 6. Pickup truck ( 1 ea. ) 3/4 ton N/A 15 B. PERSONAL VEHICLES 1. Business Owner (2 ea. ) 1 ton pickup N/A 10 2. Employee (3 ea. ) 1 auto - 2 pickups N/A 10 3. Patron minimal Page Three 10. Type Of Sewage Facilities For Proposed Use: Septic System 11 . Fire Protection For Proposed Use: Western Hills Fire Protection District - station approximately 6 blocks from property located at 1804 Cherry Avenue, Greeley, Colorado. 12. Type and Number Of Animals: N/A 13. Waste, Stockpile And Storage Areas Associated with Proposed Use: MAXIMUM AVERAGE APPROXIMATE TYPE AMOUNT STORAGE STORAGE AREA TIME A. Salable residual metal 3-4 ton 2 mo. 25 x 50 feet B. Salable residual top soil 100 ton 4 mo. 25 x 50 feet C. Salable residual fill materal 300 ton 6 mo. 50 x 50 feet D. Salable used oil 300 gal. 8 mo. 300 gal. under- ground tank 14. Storm Water Retention Facilities Associated With The Proposed Use: Existing facility. 15. Time Schedule And Method Of Removal And Disposal Of Debris, Junk And Other Wastes Associated With The Proposed Use: TYPE SCHEDULE METHOD A. Debris and junk 2 months Salable Material B. Trash Weekly Trash Service 16. Proposed Landscaping Plans And Erosion Control Measures Associated With The Proposed Use: Existing facility. 17. Reclamation Procedures To Be Employed Upon Cessation Of The Use By Special Review Activity Shall Be: In compliance with Sections 74 and 74. 1 of the Weld County Zoning Ordinance. 18. Timetable For Construction And Start Up Of The Proposed Use: Existing facility presently being used for the proposed use subject to zoning violation notice. 19. County Comprehensive Plan: Although the proposed use may not be consistent with the existing County Comprehensive Plan, the improvements for a truck terminal were constructed in 1963 and 1975 and the property was used for a trucking business from 1963 until 1979 and this use would not have been discontinued if a tenant would have been available in 1979. 20. Intent Of District: The property is presently zoned R-1 but the demand for residential building lots is very poor in relation to the available supply and the county requirement for a residence to be served by a public water and sewer system if constructed on a lot that has been subdivided from a larger lot. The cost and availability of these services will make the use of this property for residential development unattractive for several years. 21 . Conservation Of Productive Agricultural Zoned Land: Existing facility. 22. Provision For The Protection Of The Health, Safety And Welfare Of The Inhabitants Of The Neighborhood And The County: A. The subject property has existing 6 foot chain link fence on all sides with all gates locked after business hours. B. Traffic areas are sprinkled with well water when needed during very dry weather conditions. Page Four 23. Compatibility With The Existing Surrounding Land Uses: The development of land along E. 18th Street in the area of the subject property is a mix of residential and commercial uses with some properties south of E. 18th Street presently zoned commercial . It is indicated that the County and the City of Greeley are not receptive to a change from R-1 to commercial zoning for the property, leaving a need for a non-conforming use permit. The existing uses on surrounding properties are as follows: 62096109400 038 - North: Residence, electrical business, irrigated farm land and livestock facilities. 62096109400 040 - East: Irrigated farm land. 62096109400 041 - Northeast: Residence and irrigated farm land. 62096109400 077 - South: Residence 62096109400 099 - Southeast: Irrigated farm land. 62096109300 037 - West: Residence and irrigated farm land. 62096109300 042 - Southwest: Irrigated farm land. 24. Compatibility With Future Development: The proposed use creates a minimal amount of traffic over and above the operation of company operated and employee vehicles. Customer contacts are made by telephone and the work is primarily performed off site. With the property entrance gate located approximately 400 feet south of E. 18th Street off of Balsam Avenue, the truck traffic through developed residential areas would be limited by the existing commercial zoned property west of Balsam Avenue with the commercial zoned property running south from East 18th Street to a point across from the southwest corner of the subject property. 25. Flood Plain, Geologic Hazard And Weld County Airport Overlay District: The elevation of the subject property is well above any flood plain area and is not subjected to runoff of any consequence from ajoining land. The property is not subjected to any geologic hazard and is located outside of the Weld County Airport Overlay District. 26. The Water Supply Is Adequate On Terms Of Quantity, Quality And Dependability: Water supply is from a well 81 feet deep drilled in 1962 producing 24 gallons per minute and registered as number 012716. 27. A Copy Of The Deed Identifying The Applicant' s Interest In The Property Under Consideration And A Letter Granting Power Of Attorney To The Agent From The Property Owner: See Attached. 28. Noise Report; A noise report would seem unnecessary due to type of traffic involved in the proposed use in relation to noise created by traffic on E. 18th Street which is also U.S. Highway 34. 29. Soil Report: See plat map. 30. A Certified List Of Names, Addresses And The Corresponding Parcel Identification Number Assigned By The Weld County Assessor Of The Owners Of Property (The Surface Estate) Within 500 Feet Of The Subject Property: See Attached. 31 . A Certified List Of The Names And Addresses Of Mineral Owners And Lessees Of Mineral Owners On Or Under The Subject Property: See attached. AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property SW% SEY4,Section 9, Township 5 N, R 65 W STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. Act "4027Vri.t.ive— The foregoing instrument was subscribed and sworn to before me this 7th day of March 19 86 WITNESS my hand and official seal. My Commission expires: 9-9-87 J. S f� �..........,• f ; Not14,4 ubl �p(AR1700th venue Court • P B t o , f or co' yr:4: ,9,3 LAND OWNERSHIP LIST Page One 62096109300 - 006 THE GOLDMAX COMPANY P.O. Box 267 Denver, Colorado 80201 62096109300 - 012 Edward & Ruth J. HUNGENBURG 623 E. 18th Street Greeley, Colorado 80631 62096109300 - 036 Tommy W. & Bobetta A. KIME 574 E. 18th Street Greeley, Colorado 80631 62096109300 - 037 Robert D. & Elnora BLISS P.O. Box 816 Greeley, Colorado 80632 62096109300 - 042 Donald A. ELLIOTT Trustee P.O. Box 763 Greeley, Colorado 80632 62096109300 - 049 Michael B. & Paul D. HUNGENBURG 976 N. Balsam Avenue Greeley, Colorado 80631 62096109400 - 034 Mike D. & Geraldine SCULLY 817 E. 18th Street Greeley, Colorado 80631 62096109400 - 038 John T. & Rita L. RAYBURN % First National Bank P.O. Box 1058 Greeley, Colorado 80632 62096109400 - 040 Fred L. McCUNE, Esther HANSEL & Marjorie McBRIDE 8515 U.S. Highway #41N % Winter Trailer Park Palmetto, Glorida 33561 62096109400 041 Leo & Frances L. BROWN 730 E. 18th Street Greeley, Colorado 80631 62096109400 - 042 Leo & Frances L. BROWN 730 E. 18th Street Greeley, Colorado 80631 62096109400 - 043 George L. & Barbara A. FORSYTHE 812 E. 18th Street Greeley, Colorado 80631 62096109400 - 077 Kenneth Ray RICHARDSON 1912 Balsam Avenue Greeley, Colorado 80631 62096109400 - 078 Edward W. & Katherine SAALWAECHTER 904 E. 18th Avenue Greeley, Colorado 80631 62096109400 - 079 Ruth MAES 818 E. 18th Street Greeley, Colorado 80631 62096109400 - 082 Harold F. & Doris I. SATUR 2101 - 15th Street Greeley, Colorado 80631 is to LAND OWNERSHIP LIST Page Two 62096109400 - 083 Ralph H. & Ferria J. HENKLE 2435 - 50th Avenue Greeley, Colorado 80634 62096109400 - 099 Gordon & Donna M. BRENCKLE 933 E. 20th Street Greeley, Colorado 80631 62096109402 - 002 Ronald Floyd & Dorothy J. HIRSCH 707 E. 20th Street Greeley, Colorado 80631 62096109402 - 003 -A. Gordon & Donna M. BRENCKLE 933 E. 20th Street Greeley, Colorado 80631 62096109402 - 004 Patricia A. ADOLPH 1931 Basswood Avenue Greeley, Colorado 62096109402 - 005 Walter A. & Anne W. SCHENKMAN 710 E. 19th Street Road Greeley, Colorado 80631 62096109402 - 006 Jack T. & Christine A. FETIG 1958 Balsam Avenue Greeley, Colorado 80631 62096109403 - 001 Harlan B. & Renee P. PETTIT 1018 E. 4th Street Greeley, Colorado 80631 62096109403 - 002 Donald D. & Jacqueline E. DOWELL 713 E. 19th Street Road Greeley, Colorado 80631 62096109403 003 Robert J. & Catherine Ann MOORE 717 E. 19th Street Road Greeley, Colorado 80631 62096109403 - 004 Robert J. & Catherine Ann MOORE 717 E. 19th Street Road Greeley, Colorado 80631 62096109403 - 005 Louis G. and Lynda C. REED 1924 Basswood Avenue Greeley, Colorado 80631 62096109403 - 006 Larry A. & Debra Kay SHERIN 1930 Basswood Avenue Greeley, Colorado 80631 62096109403 - 007 Bobbie L. & Sally A. ROBBINS 1936 Basswood Avenue Greeley, Colorado 11:-1%; -31 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I , Robert Hinman (name) , the undersigned, of 1629 Adriel Drive, Fort Collins, Colorado 80521 _(address) , County of Larimer , state of Colorado here- by constitute, make and appoint Loyd G. Sargent (name) , of 2163 - 27th Avenue Greeley, Colorado (address) , County of Weld State of Colorado my true and lawful attorney- in-fact, for the following purpose : To represent me in the matter of the foregoing attached application for a Use by Special Review (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- Weld County Planning Commission plication, before the and Board of County Commissioners (Board of County Commissioners, Board of Adjustment, etc . ) and to present evidence on my behalf before said Board. Robert Hinman Subscribed and sworn to before me this _ 7th _ day of March , 1986 . ..• Li ,,,,,,,,,,,,,,,,, 4IA R N ar Publ ' c • a-°"°' 1709 - 3 th Avenue Court 0\ 1111WBODSVAion expires : 9-9-87 ) . . { kyliMit'vr�F s CpI'f111I _d,1�rkztsalirsff_$ 1'i .,:. _ C A° MAR 1.6 1977 z CD :;04- 792tecorded ru. +y-o'cloock ...„„/0..pi, O N "lVJ''"" Reception No. 1.1 889 Recorder.frtmyNJN FEUErts-rm . fV T0Il SCHEIRMAN State Documentary Fee .v-1 I - whoseaddressis 2)30 24th Street Road,_ City of Greeley MAR 16 1977 I cr. County of Weld State of Date. I Colorado , for the consideration of other good • m and valuable considerations and One hundred twenty thousand tidollars, in hand paid, hereby sell(s) and convey(s) to and no/100 .--t • ROBERT HINMAN • whose address is 1641 Kedron Circle, City of Fort Collins • o County of si M Latimer , and State of Colorado the following real property in the eve Ail o County of Weld , and State of Colorado, to wit: o O That part of the W} of Lot 2 of the SWI of the SE* of `9 cc Section 9, Township 5 North, Range 65 West of the 6th P.N. , .74 "+y- lying south of the Orange Street Ditch Company Lateral as the same now exists, in Weld County, Colorado; together with an undivided one-half (k) interest In and to all water, ditch or lateral rights, if any, used In connection with or appartenant to said property. with all its appurtenances, and warrant(s) the title to the same, subject to easemel:l s, rights- of-way, reservations and restrictions of record; and 1977 taxes not y. c due and payable. Signed this 14th day of March 1977 OM*Se ei'rina,; , • STATE OF COLORADO, • 1 •e'. t a. ',..,County of Weld 'e forego2h��istrument was acknowledged before me this 14th ' 'day aft tt *c9 ,. ,19 77 ,by Tom Sche i rman • Mvto�cim)s iokexpires June 19, 1978 ttpess nwy d and official seal. '1 �, gzt c.y2.,, „4„...„,' .. :.. •• �. Not. Public • i iiI 1. .. 'C.r „ 3 1 Nt 897. Musty D Hlrrt F o tanitoN Poblhht F Ca.1121 41 abut Strath.Denver,colyndo. 044 t' + If 1 :� • I° ii fld l '1417,“.} � ,iroo .} ' 11 r it '', *' 4 + t ',14'i4 'I I r ♦y1 n t'F i yffiv qif i ttl Y`i 'p + ?I t t i I ''?::`,..4,:',.. of <, ) � ,,{ (h ,i^t II P..lS Tyr. �( y fil.'tRiy ha. r, , l !^I G 1...� r _ '... ;' /L ' i, I F A , wl 'I l `l,�t Go is y . n :.;, ur . .,. i AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property SKI, SEA, Section 9, Township 5 N, R 65 W STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this 7th day of March , 19 86 WITNESS my hand and official seal. My Commission expires: 9-9-87 4 J. St, /2n 1_ O�A�Y . Not ry P}elic ��-o- `; 1709 - 30th Avenue Court E' •� t "1'+�•s fB • • Weld County Title Company „i, 1221 8th Ave. Greeley,CO.80631 • (303)356-3232 Metro 623-3232 PROPERTY REPORT PURSUANT TO THE TERMS OF THE AGREEMENTS, LIMITATIONS AND EXCLUSIONS CONTAINED IN THIS DOCUMENT,WELD COUNTY TITLE COMPANY,a Colorado corporation (hereinafter referred to as"the Company")hereby reports to the Addressee identified in Schedule A hereof that during the Search Time Period shown in said Schedule,the records of the Company's title plant covering the land described in said Schedule disclosed the following: 1. That the Grantee named in Schedule A was the Grantee in the last deed describing said land to be recorded in the Office of the County Clerk and Recorder for the County where the land is situated; 2. That except as shown in Schedule A,there are no instruments recorded in said Office for which there are no purported releases,satisfactions or withdrawals,which describe all or part of said land which may create or give notice of any of the following: • a. liens (other than judgment liens or real estate tax or special assessment liens) b. pending litigation or pending foreclosure proceedings; and 3. That except as shown in Schedule A, there are no unreleased transcripts of judgment filed in said Office naming as debtors any parties with names the same or similar to those of any Grantee in any deed describing said land recorded in said Office within six years prior to the end of the Search Time Period shown in said Schedule. AGREEMENTS,LIMITATIONS AND EXCLUSIONS This report is given on and is subject to the following limitations and exclusions. By making use of this report and as part of the consideration it gives to the Company to induce it to make this report,the Addressee agrees to these limitations and exclusions. This report is not a title guarantee,title insurance commitment or title insurance policy of any kind. The liability of the Company is limited as set out below. The Company makes no representation as to the validity,enforceability or effectiveness of any instrument mentioned in this report.The liability of the Company under or by reason of the issuance of this report shall be only to the Addressee and only for direct loss or damage it incurs which is caused exclusively by any omission of any of the title information stated to be reported herein and only where such omission is the result of the failure of employees of the Company to use ordinary care in the aforesaid search or in the preparation of this report.However,in no event shall said liability exceed the sum of$50.00 or the fee paid for this Report,whichever is greater.All limitations of liability herein are in addition to any limitations of liability which may be provided by law.No liability is assumed for loss suffered as a result of the failure of the Company to report instruments for which any recorded purported release, satisfaction or withdrawal was ineffective, unenforceable or invalid. This report is tendered to the addressee only and no other person,party or entity has any right to rely on its contents for any purpose whatsoever. l (y it -1 WCT 001 • SCHEDULE A TO WELD COUNTY TITLE COMPANY PROPERTY REPORT No. WF10689 1. Addressee: UNION COLONY BROKERS ATTN: LOYD 2. Search Time Period: Beginning MAY 16 19 77 at 7:00 A.M. and ending FEBRUARY 27 , 19 86' at 7:00 A.M. 3. Land Description: SEE ATTACHED 4. Grantee in last deed: ROBERT HINMAN • 5. Liens, pending litigation or foreclosure proceedings and transcripts of judgment to be reported. (See first page of this Report.) NOTE: THE COMPANY MAKES NO REPRESENTATION AS TO WHETHER TRANSCRIPTS OF JUDGMENT REPORTED BELOW, IF ANY, CREATE LIENS AGAINST THE LAND DESCRIBED IN THIS SCHEDULE. NONE THE AGREEMENTS, LIMITATIONS AND WELD COUNTY TITLE COMPANY EXCLUSIONS ARE AN INTEGRAL PART 1221 8TH AVENUE GREELEY, COLORADO 80631 OF THIS REPORT (303) 356-3232 Metro 623-3232 Byt /,67J Authorized Signatory Schedule A of this report consists of 2 pages. Copies of all documents reported herein are attached for reference. WCT 001 ; mt;. _ .1041 . PAGE ,tifewPciVatq il (Schedule A continued) - • Policy Number XXXXXX Owner. XXXXXX Policy Number loan LEGAL All mineral interest in that part of the W 1/2 of Lot 2 of the SW 1/4 of the SE 1/4 of Section 9, Township 5 North, Range 65 West of the 6th P.M. , lying South of the Orange Street Ditch Company Lateral as the same now exists, in Weld County, Colorado. n �la ;Pn F. 3237-01 LAND-USE APPLICATION SUMMARY SHEET Date: April 8, 1986 CASE NUMBER: USR-730:86:12 NAME: Loyd G. Sargent (authorized agent for Robert Hinman) ADDRESS: 2163 27th Avenue, Greeley, Colorado 80631 REQUEST: A Use by Special Review permit for a change in a Nonconforming Use (excavation company) in the R-1 (low density residential) zone district LEGAL DESCRIPTION: Part of the W} Lot 2, in the SW} SE} , Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile east of Greeley; south of East 18th Street and east of First Avenue SIZE OF PARCEL: 2.499 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. Planning Commission members may also wish to refer to Section 73 (Nonconforming Uses of Land) in this case. As explained in the application materials, a trucking operation was established on the subject location in May of 1962 prior to residential zoning taking place in September, 1962. An extension of the nonconforming use (for replacement and enlargement of the office) was granted by the Weld County Board of Adjustment in 1975. A substitution of the nonconforming use was established by the staff in January of 1985. The requested change of use was documented as a wholesale distributor of irrigation materials; the staff, at that time, determined the substituted use to be equally appropriate or more appropriate to the zone district and the neighborhood than the original nonconforming use. The current proposal requests a change back to a use similar to the trucking operation set up in 1962. Loyd Sargent's proposal appears, however, to be more intensive than the original trucking business. Loyd Sargent, the agent for Robert Hinman (property owner) , came to the staff in February and requested a determination on how the present use could come into compliance with R-1 zoning. The staff advised him that the Use by Special Review change in nonconforming use proposal is considered a more desirable method to pursue than a "spot" change of zone request. The Department of Planning Services has not yet received referral responses from the Colorado Division of Water Resources, the Greeley Planning Commission, Greeley Soil Conservation District, and Western Hills Fire Protection District. The Department of Planning Services has received one objection to the request from a surrounding property owner located south of the existing operation. DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 91510TH STREET GREELEY,COLORADO 80631 Wilk COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on April 15, 1986 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a change in a nonconforming use (excavation company) in the R-1 (low density residential) zone district from Loyd Sargent on a parcel of land described as Pt. W} Lot 2 in SW} SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado, containing 2.499 acres, more or less. 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 April 15, 1986. 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. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by March 20, 1986 Received by: „+ eel l47_/j (2y--7 Date: o `x-347 /d�j 20 A: •\xvi1 p:° ze 'I3>.� ]. ® ° uyA RE$(��,1 ' l/�� —' —•124 J • : O •vv x• x 3/ a i° 9 O 41 \ 20 xi o r ° p • •• •i= OuN I :1 ▪ 44 le !• � / i6 lets° tJ\ %] ° 39 C i• • • 31•I srEFN. •• • ° 1[•s II: FmLw[I' 1 ° •% :0 •° .- �`p •u •I �1 °�- w• cone/ . x. • :•11.1.1N`L •T•Ib, ••{e 8.•rzs° M, >I t�',h°• rJz —t• ]] • Y >° 1y ]5 0 I!• •• •° . • ]_ • • �J] Lol ]• Le.S 1 1 may} in • E4TON , T� , wr/rs zlus • ▪ ® a z ` • ; ,ii r2 I▪:__-_ Y••-_•__4 I. — • • °_ :`y o:V ,L v an !o_••. _ "'33•:• •v^• •I,,.. • •▪ ( PIC4ARD • I ''' I1� -I _I� 1•45. u i 1 �, •• - - • - -caw"' - - •------ - rte\p.------- '1---r n p I. 1 , gI11M1L • \ J�• ]y . y;�P //F -q�<��.a • -��:• -v 'a . . �- - • -� • ••S • ' I :wry PARK .4• •s `.y \ ] . 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Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .5 mile east of Greeley; south of East 18th Street and east of First Avenue LAND USE: N 4 residences, 18th Street E Farmground S 14 residences W Balsam Avenue, farmground ZONING: N R-1, C-3, C-2, I-1, and A E R-1, C-3 S R-1 W R-1, C-3 COMMENTS: Access to the property is via Balsam Avenue, a paved road. An office/shop building is located on the north side of the 2.5 acre site. Heavy equipment is parked south of the structure. Storage of miscellaneous equipment is located along the south and east fence. The surrounding neighborhood is primarily residential/agricultural in character; however, the proximity to East 18th Street allows commercial uses within one block of the subject property. 22 or more residences exist within .25 mile of the site. 17. By: Ik7ILl4k, V , Gloria U. Dunn Curreat' Planner r REFERRAL LIST APPLICANT: Loyd G. Sargent CASE NUMBER: USR-730:86:12 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 4, 1986 NO SR NR NO SR NR County Attorney X Paulette Weaver X�/ Weld County Planning - X Weld County Health Dept. Commission 1725 12th Avenue X Engineering Department Greeley, CO 80631 County Extension Agent Office of Emergency Mngmt XState Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 State Highway Department 1420 2nd Street Greeley, CO 80631 _ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 X City of Greeley Planning Department c/o Nicholas Matz io;1U ( t4.,.. a t 919 7th Street (4_Y-Yb P.C. rhecktm Greeley, CO 80631 pw... Ai. M c+.tc.. Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Greeley Soil Conservation District 4302 9th Street Road Greeley, CO 80634 X Western Hills Fire Protection District 1804 Cherry Avenue Greeley, CO 80631 NO=No Objection SR=Specific Recommendations NR=No Response MAILING LIST Loyd G. Sargent USR-730:86:12 Surrounding Property Owners The Goldman. Company P.O. Box 267 Denver, CO 80201 Edward & Ruth Hungenburg 623 E. 18th Street Greeley, CO 80631 Tommy W. & Bobetta A. Kime 574 E. 18th Street Greeley, CO 80631 Robert D. & Elnora Bliss P.O. Box 816 Greeley, CO 80632 Donald Elliott Trustee P.O. Box 763 Greeley, CO 80632 Michael & Paul Hungenburg 976 N. Balsam Avenue Greeley, CO 80631 Mike & Geraldine Scully 817 E. 18th Street Greeley, CO 80631 John & Rita Rayburn c/o First National Bank P.O. Box 1058 Greeley, CO 80632 Fred McCune Esther Hansel Marjorie McBride 8515 U.S. Highway #41N c/o Winter Trailer Park Palmetto, Florida 33561 Leo & Frances L. Brown 730 E. 18th Street Greeley, CO 80631 MAILING LIST Loyd C. Sargent USR-730:86:12 Surrounding Property Owners Page 2 George & Barbara Forsythe 812 E. 18th Street Greeley, CO 80631 Kenneth Richardson 1912 Balsam Avenue Greeley, CO 80631 Edward & Katherine Saalwaechter 904 E. 18th Street Greeley, CO 80631 Ruth Maes 818 F. 18th Street Greeley, CO 80631 Harold F. & Doris I. Satur 2101 15th Street Greeley, CO 80631 Ralph & Ferria Henkle 2435 50th Avenue Greeley, CO 80634 Gordon & Donna M. Brenckle 33 E. 20th Street Greeley, CO 80631 Ronald & Dorothy Hirsch 707 E. 20th Street Greeley, CO 80631 A. Gordon & Donna M. Brenckle 933 E. 20th Street Greeley, CO 80631 Patricia A. Adolph 1931 Basswood Avenue Greeley, CO 80631 LAggiter & Ann Schenkman 710 E. 19th Street Road Greeley, CO 80631 MAILING LIST Loyd G. Sargent USR-730:86: 12 Surrounding Property Owners Page 3 Jack & Christine Fetig 1958 Balsam Avenue Greeley, CO 80631 Harlan & Renee Pettit 1018 E. 4th Street Greeley, CO 80631 Donald & Jacqueline Dowell 713 E. 19th Street Road Greeley, CO 80631 Robert & Catherine Ann Moore 717 E. 19th Street Road Greeley, CO 80631 Louis & Lynda Reed 1924 Basswood Avenue Greeley, CO 80631 Larr A. & Debra Kay Sherin 1930 Basswood Avenue Greeley, CO 80631 Bobbie & Sally Robbins 1936 Basswood Avenue Greeley, CO 80631 Pf1 i / � c February 3, 1?CF to: Weld County Planing Commission Re: i2onino and activities on lot immediately North of 1912 Balsam Avenue, r=reeley,. Colorado In checking the zoning, my understanding is at one time the above referred to property was zoned residential and a non-conforming zoning_ chance was issued sometime in the past. I have lived and own the 1012 Balsam Avenue property for the past ten yars and the land I refer to has had various occupancies during the time period. Approximately 10 months ago the property was leased and conducts a business which I feel should not comply. In the past the tenants occupying the land have been very low key. One a small trucking firm - with ^ to F trucks , always considerate of noise and narked in the riddle of the lot. On the tenants occupying the premises the lonnest was Turf-Tek and they created no problems . All tenants previously have been considerate reconnizinc it is a residential area. At the present time the tenants have junk cars , portable huildinns stored, salvane underground tanks , old gas truck beds , rip-rap which includes dirt, cement chunks , rock (huge piles stacked next to our property line) . They use a bulldozer and frontend loaders on the premises and when this occurs our home vibrates from the machines. They have trucks pulling in at all hours, day and night, honking_ their horns , and shoutinn back and forth. We have two small children and this disturbs the entire family when this situation occurs at night and during nap time. An additional hazard is this business increases the traffic on Balsam Avenueq, which is the rain thorounhfare for the school buses , children walking to school , and parents picking up children at East Memorial . I appreciate your time to review this situation and zoning and hope you will agree it is not conducive to the area and we should not he subject to this next to cur property, . Respectfully, lecict-e-eken/ Kenneth Richardson 1912 Balsam Avenue _ Breeley, Colorado 0 tult3E\ 1E Phone 352-30E2 0 . 1986 Enc. : Recent photos of the premises . Weld Co. Planning Cnmmissind "9.'1 M tij / C' L+ //'6 ; J + s1iI1tii t J H '..J O ii1d1 44 1/4O oo S C4 Ci O � $ .i CW'J Gil i! 0 en .J,a 1d8 . m �ti I• PlthIijQ I n �OH 2 a N 0 8 ❑ d 1 O � a > F_ R; � d 1" - i iIl ACw I u kYf -, 8 0 I 1Q °° '. a- H Q hi 4I wrz ' Q. 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