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Home My WebLink About871060.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. AR21140H0 RESOLUTION hi to o � r r RE; GRANT CHANGE OF ZONE FROM I-1 (INDUSTRIAL) TO C-3 '''' o (COMMERCIAL) FOR CARL F. SEALEY xn ▪ 0 WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home z Rule Charter, is vested with the authority of administering the ▪ o affairs of Weld County, Colorado, and a o r WHEREAS, a public hearing was held on the 5th day of August, • o 1987 , at. 2 :00 p.m. for the purpose of hearing the application of Carl F. Sealey, 1107 East 18th Street, Greeley, Colorado 80631 , H requesting a Change of Zone from I-i (Industrial) to C-3 Z (Commercial) for a parcel of land located on the following n m rt described real estate, to-wit: x Part of the NE} SEi , Section 9 , Township 5 w North, Range 65 West of the 6th P.M. , Weld R N County, Colorado • U' n WHEREAS, Section 21 .6 . 2 of the Weld County Zoning Ordinance X provides standards for review of such a Change of Zone, and x WHEREAS, the Board of County Commissioners heard all the £ o 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 this request shall be approved for the following reasons: o\ 1 . The applicant has complied with all the application o w requirements listed in Section 21 .7 et seq. , of the Weld County Zoning Ordinance. 2 . The request is in conformance with Section 21 .6 of the Weld County Zoning Ordinance as follows: a. The applicant has demonstrated that the zoning of the property under consideration is faulty. A commercial land use occupied the subject site in 1979 and was legally permitted until Ordinance No. 89 became effective on August 25 , 1981 . b. The uses which would be allowed on the property by granting the Change of Zone will be compatible with surrounding land uses . PNo2"5gi 871060 Page 2 RE: CHANGE OF ZONE - SEALEY c. The subject site is served by an existing septic system. „y w d. The subject site is served by the City of Greeley water system. N ni o e. East 18th Street and Cedar Avenue will provide adequate access to the site. w 0 f. The property under consideration is located in the z m A-P (Airport) Overlay District. Structures would z not be allowed over 163 feet in height at this "JPI CO location. The existing structure on this parcel Co does not exceed the height limit. CO 1/4O g. The proposed rezoning will not permit the use of m any area known to contain a commercial mineral z deposit in a manner which would interfere with the co present or future extraction of such deposit by an r extractor to any greater extent than under the present zoning of the property. x m •. h. The soil conditions on the site show moderate, " shrink-swell limitations for the construction of small commercial buildings for the site , as shown no by the USDA, Soil Conservation Service Soil Survey of Weld County, Colorado, issued September, 1980 . However, improvements on the property have existed W since 1979 . The Greeley Soil Conservation Service ZO has indicated they have no objections to this proposal. 0 o NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of no Carl F. Seeley for a Change of Zone from I-1 (Industrial) to C-3 o w (Commercial) on the above referenced parcel of land be , and hereby is, granted subject to the following conditions : 1 . A site plan review shall be submitted to the Department of Planning Services by the applicant. This site plan review shall be accompanied by a certification which states and affirms that the specific uses , buildings, and structures are designed or will be constructed and 871060 Page 3 RE: CHANGE OF ZONE - SEALEY operated in accordance with the applicable performance ` CO standards and district requirements in the Zoning o 1- Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the w o property is rezoned. �y 2 . The Change of Zone plat shall be delivered to the k Department of Planning Services Office and shall be 0 recorded in the office of the Weld County Clerk and to z Recorder. a M o 3 . The rezoning plat shall be amended to show a 50-foot 0 Co reservation from the centerline of East 18th Street. M 0) 0 The above and foregoing Resolution was, on motion duly made M --, and seconded, adopted by the following vote on the 5th day of z o August, A.D. , 1987 . n co rco BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD CO T CO RADO x w Q .. , Weld C n+`_ erQc' Recorder M N and Cl ' the h a qGord Chairman n 11, �, O BY?� / C.W. Kirb , Pro em m v o De uty County Cl rk EXCUSED t o APPROVED AS TO FORM? Gene R. Prantner o ,---------LC7c EXCUSED n (-O%� //-s/J 7 . 0 n o County Attorney � ` Frank Yamaguchi 871060 HEARING CERTIFICATION DOCKET NO. 87-44 RE: CHANGE OF ZONE FROM I-1 (INDUSTRIAL) TO C-3 (COMMERCIAL) - CARL SEALEY A public hearing was conducted on August 5, 1987, at 2:00 P.M. , with She following present: Commissioner Gordon E. Lacy, Chairman _Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner - Excused Commissioner Jacqueline Johnson - Excused Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell 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 June 24, 1987, and duly published July 2, 1987, in the Johnstown Breeze, a public hearing was conducted to consider a request from Carl F. Sealey for a Change of _Zone from I-1 (Industrial) to C-3 (Commercial) . Chairman Lacy stated to the applicant that he could either proceed with the hearing today or request a continuance to a date when all Commissioners would be present, since only three Commissioners are present. Mr. Sealey requested that this application be heard today. Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, representing the Planning Department, asked that the Board incorporate -the Planning Commission recommendation into the record. Carl F. Sealey came forward to answer questions of the Board. There were no members of the audience who offered testimony. Commissioner Kirby moved to grant the Change of Zone for Carl Sealey from Industrial-1 to Commercial-3, subject to the Conditions as proposed by the Planning Commission. Commissioner Yamaguchi seconded the motion, and it carried unanimously. This Certification was approved on the 10th day of August, 1987. APPROVED: ///� BOARD OF COUNTY COMMISSIONERS ATTEST: VJt&A\ & WELD COUN ORA Weld County Clerk and Recorder and Clerk to the Board Gor o . Lacy, Ch an D uty County Cler C.W. Kirby, Pro-T EXCUSED DATE OF HEARING Gene R. Brantner EXCUSED DATE OF HEARING JaD eli Johnson -- Frank Yamaguchi TAPE #87-87 DOCKET #87-44 PLO244 ea ri1£ ATTENDANCE R C O R D 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 : August 5, 1987 DOCKET #87-38 : USR, Sam -Parker DOCKET #87-45 : COZ , A to PUD, Ball Aerospace Systems Division DOCKET #87-46 : Final PUD Plan, Ball Aerospace Systems Division DOCKET #87-44 : COZ , I-1 to C-3 , Carl F. Sealey NAME ADDRESS � Q�L m HEARING ATTENDING ; \16...91... 4k1)Q k( itia2121, 63 'boeltd9-- cr-I- cf --z. .,_,f,t7L oz 3 l" / ' 511742--- -01" e, �- %-rc2 l', L60.41(2._ yxo ek A,,.e /6t£fcrr _,C41.0 ",;: ^1- C6O c : f 3/.� t /4 CO ° p P,V,c- 56W E,e c.E 3 9,t7 ,} / '='c1 Vclvtrie. No 7/ S fiG, Rs lit.iv 1`c=#� )30,-(4.iee () „ fef &7 h U 5--27_O •/J7 -1'‘At,A d i�f;G-L � , Co '� it- / kiffiaK 11)Et-<-,.c,0 1% . . .. , , . I 1AH Ah1A�gs 19(.0 .� �o� r S7-- 1s �.T�-r�i/�/14 L �./�C« �[Tnio�J7; /` � 7-�‘. 1--c10 r\ ?e+e‘trj c".?-350 /7*Aop . /0.A mo.0 ri 0- . . 0 c'1 c TjFYL / 6 C'% /A.%.9\_'s/11 1 1 k c. ril 1. c::•..(, ...-_(, s, !,e. � -:.7. 1 ? 7 ( 1',4-s?,.. 4 L,._<._ A„,:j< . ( , 4 ``1060 NOT I C E Pursuant to the zoning laws of the State of Colorado and she 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, Color-ado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be -heard. 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. 1f a court reporter is obtained, the Clerk to the Board's Office shall to 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. 87-44 Carl F. Seeley 1107 East 18th Street Greeley, Colorado 80631 DATE: August 5, 1987 TIME: 2:00 P.M. REQUEST: Change of Zone from I-1 (Industrial) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the NE} SE} of Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: The northwest corner of East 18th Street and Cedar Avenue; east of Greeley BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Debbie Campbell, Deputy -DATED: ,Tune 24, 1987 PUBLISHED: July 2, 1987, in the Johnstown -Breeze f371-OS0 fl( 1-11 bet E NO.._A Pursuant to the zoning laws of the State of do and the Weld County-ZOrdinance, a public-head be held In the Chambers- a Board of County tomm ers-of Weld County, Color Weld County AFFFDAVITOF PUBLICATIONCentennial Garnet. 915 10th Street First Fleet, Greeley, Colorado, at thettme specified. All persons m' any manner THE JOHNSTOWN BREEZE Interested In the . following proposed Change of Zone am STATE DF COLORADO 1 requested to attend and mayLr I ss SNP auetdd the applicant ,or yr,y COUNTY OF WELD 1 interested 6raw Gee�f a party desire the I, Clyde Briggs, do-solemnly swear that I o mats a record of the proceed• am publisher of -The Johnstown Breeze; mrr in addition to the JJaear�eWd that the same is a weekly newspaper which will be kept dYMq e hearing, the Clerk to me printed, in whole or in part, and published Boyd* Office clrn be contacted in the County of Weld, State of Colorado, %�� 1 list of certified .curt rs In ihe-efea. If and has a general circulation therein; that reopl Cp repfBr is obt*d,.the CI to le the Boards °Moe shat be said newspaper -has been published etewwad in.wrusapof such SOS continuously and uninterruptedly in said Iran true days prlor to-the.- The oat of engaging r County 3)f Weld for a period of more than porter shall be home W fifty-two consecutive weeks prior to the sic i wquesnno party. fir tthe-annexed of legal notice # IT ALSO-KNOWN that owe or advertisement; that said newspaper Mott-end maps so certifed tt has certified**, •weld County,Planning CoaaMe been admitted to the United States mails as aloe y be examined in the at the Cledcto the Bowed second-class matter under the provisions of commuaionere, rthe Act of March :S, Itt79, or any a w Weld County Street,e Th amendments thereof, and that said r�f,�� 915 Si 1'hir, Plpf, 6raeley,YSobreao:- newspaper is a weekly newspaper duly DOCKET NO.87•aa qualified for publishing legal notices and APP. ag advertisements within the meaning of the Carl 1107 East 18th 3'heel laws of the State of Colorado. _Greeley, Colorado 80131 That the annexed legal notice or advertise- DATE: August 5, 1987 ment was published in the regular and TIME: 2:00 P,M, entire issue of every number of aid weekly REQUEST:Change of Zone from newspaper for the period of .I... consecu- tive insertions; and that the first I t,. publication of said not ic•w• in the issue o[ LEGAL DESCRIPTION: Part of said newspaperdated 7, Z A.D. 1'4.. 7 ry pot of Section -Y ya s North, Range f8 and that the last publication of said notice NeyNeey� ��d the emP.M.. Weil teal. was in the issue of said newspaper dated pt;ATIQN: The northset , A.D. 19 w+wret-Eaa 18th street red In witness whereof I have l euruo set Crier went* east of Greet ' my hand this .1..Q day of .. COMMISSIONS/SO OF COUNTY A.D. 19 7 CUS , f/j/// : MARY ATN''// 'COLORADO 7if . BY.FEURSTEIN COUNTY CLERK AND Publisher RECORDEAND CLERK R THE BOARD BY: Debbie-Campbell, Deputy Subscribed and sworn to before me, a DATED: June 24, 1987 Notary Public in and for the County of PUBLISHED:July 2, 1987, in the Weld, tate of Coloradot1�..this .i.0. day of Johnstown Breeze _ _ .. A.D. 19 �./. Notary Public. My commission expires ' - swung l4, 'Q9,d CCC. 40534 871060 Affidavit of Publication STATE OF COLORADO ss. County of Weld, Paula A. Whaley 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 iof Greeley, in said county and state; that the notice or ,k •••- advertisement, of which the annexed is a true copy, has or y ce Annie' C w ,915 O1k WOO. First been published in said daily newspaper for consecutive Floor,Gree ey,Cobra x tµty q{lperaon nr any (days) ( J, that the notice was published in the mamter, inroreatedbd - .'Ehr$e'tN iota ere re- puesleCroa7leneehetaeypekeard. s iswoe Ye ular and entire issue of every number of said cMt tp the appt%aMM any IMereated baMleeerbro Mike ereere of the Vomit:Debt.in add pion to the -newspaper during the period and time of publication of tan rryti zr74k1;lppt de reih ANrtittkici rk Nihe epprdbritloet1axebeeledror tqf ifarkletmtesorrchs said notice, and in the newspaper proper and not in a In iM are+:If emvd M1pater is oWeNlGerk to Nw.eoartl'a _Office Mae lM advlppolaevririne of suchectIon et roar rive days supplement thereof; that the first u prior iq the Marine The coat ofatigap a spun reporter be PP _publication of said balm brihereaeerNlp PatY. notice was contained in the issue of said newspaper co IT ALSOWaONM That the text andtttapsko certified by the Weld County -lee tsar-orc!Non menerakn oi%iocInternee'Of Me -bearin date Cterk 1d the et Ara or laws y'C 15th l efta!t MSS M theltleid County Creohnlah Center,915 loth ! ;-Tire flea,Greeley, Colored DOCKET NOON -Twentieth APPLICANT teN P. day of July A.D. 19 87 ' 1W9Eer leMStrpatttSet 4reei y,cotpratloloo$1 and the last publication thereof; in the issue of said DATE Adpust 5,1917 TIME.S:p1 P.M. newspaper date the ;MOUT?: plump of zaw from IT tkquetrieb ro C•5 (Corn- LEGAL bearing LEGAi. TEGAL DESCRIPTION;Ran Part w t t t ttEh !At sCount u, ColorMlp S Ngritl,RanpeAl waar.of the 11th P weld Ceumyu, Twentieth Color TI Avers e;e T&eehtY H1 borne*of clo Elate kith'Street Sid Cedar' JulAvenee;entaOreeiey day of Y A.D. 19$7 BOARD OF 4;On7NTYaWillitIONER5 that said The Greeley Daily Tribune and T-he Greeley WELODOWNTY,DOLORADO Y r: VAN4F ufFR5T�IN Republican, has beenpublished continuously and 'T: R 7T ECOROER P uninterruptedly during the period of at least six 'r• a months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 20, 1987 Total Charge: $28.16 ( Advertising Clerk Subscribed and sworn to before me this 20 day of Mv Corn July A.D. 19 B7 My crnissi 7exp'ir°es mi;six "Expire sAan. 1', "191 7f -r� I./ ''/./� f l ` { %�/ 1 Notary Lblic 871060 DATE: June 24 , 19137 TO: The Board of County £ommissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing 'for the 5th slay of august, 1987 , at 2: 010 P.M. Docket No. -87-44 : COZ , I-1 (Industrial) to C-3 (Commercial) , Carl F. Seeley OFFICE OF THEd LERK TO THE E -BOARD BY: £P ,Q, 1Qa,Deputy The above mentioned hearing date and hearing time -may be _scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COU T CO ORADO c::.-....oks.,\Lx.,..S\tvi.new. - ri) ,,itasn_D 87143 60 Summary of the Weld County Planning Commission Meeting June 16, 1987 Page 2 frequency. They do prefer hooking into -an existing tower if one is available. They are disciplined by the FAA and they must comply with their recommendations. The -Chairman called for discussion from the -audience. There was none. The Chairman asked that reading the staff's comments, -conditions, and development Standards into the -record be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Lydia Dunbar moved Case Number USR-796:87:22 of U.S. West/New Vector Group for a major facility of -a public _utility (a 290 foot tower in the Agricultural zone district) be approved based upon the recommendations, conditions, and development standards -as set forth iby the Department of Planning Services' staff, and the testimony given by the applicant. Motion seconded by Louis -Rademacher. The Chairman called for discussion from the member-s of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann garrison - yes; P-aulette Weaver - yes; Louie -Rademacher - yes; LeAnn Reid — yes; Lynn Brown - yes; Ernie Ross - yes; Lydia "'unbar - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: Z-434:87:3 APPLICANT: Carl F. Sealey REQUEST: Change of Zone from I-1 (Industrial) to C-3 (Commercial) Zone District. LEGAL IESCRIPTION: Part of the NE* SEk of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. ILCATION: The northwest corner of East 18th Street and Cedar Avenue. APPEARANCE: Bill West, Attorney, represented the applicant. In 1978 Mr. Sealey built a convenience store and gas station. At that time, an industrial use was permissible in commercial zoning. In the meantime, the zoning ordinance was changed and this became a nonconforming use. Mr. Sealey sold the store, the buyers were foreclosed, the business was not operated continually and now he must obtain a change of _zone to reopen the business. -The store will still be operated as a 'convenience store and gas station. He has not seen the letter from the Highway Department that is referred to in the recommendation of the Department of Planning Services' staff. They do not object to this 871060 Summary of the Weld County Planning Commission Meeting June 16, 1987 Page 3 recommendation regarding the setbacks of any new construction, but they do object if existing structures must be moved. They have reviewed the recommendations and conditions as outlined by the Department of Planning Services staff and have no objections to these. Lee Morrison explained the reservation asked for by the State Highway Department would affect future buildings, not existing ones. Also, this is a request for a reservation and not a dedication. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading the recommendations and conditions as set forth by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Paulette Weaver moved Case Number Z-434:87:3 for Carl F. Seeley for a Change of Zone from I-1 to C-3 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by LeAnn Reid. 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. Ann Garrison - yes; Paulette Weaver - yes; Louis Rademacher - yes; LeAnn Reid - yes; Lynn Brown - yes; Ernie Ross - yes; Lydia Dunbar - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-795:87:21 APPLICANT: Butcher Block Cattle Company REQUEST: Use by Special Review permit for an agri-business. LEGAL DESCRIPTION: Part of the NW} of Section 19, T7N, R67W of the 6th -P.M., Weld County, Colorado. LOCATION: Approximately 1.5 miles north and .5 miles west of Windsor; east of Weld County Road 13, south of Weld County Road 80. 871060 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver 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: Wsi^ rn"`MTv r^'=+"^' ^•'^c 40 : ;_ . CASE NUMBER: Z-434:87:3 I NAME: Carl F. Sealey JUN t 71987 5rfn- d�e IJ ADDRESS: 1107 East 18th Street, Greeley, CO 80631 4,1 earmasit,11 REQUEST: Change of Zone from I-I (Industrial) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the NE} SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: The northwest corner of East 18th Street and Cedar Avenue; east of Greeley be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 21.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: - The applicant has demonstrated that the zoning of the property under consideration is faulty. A commercial land use occupied the subject site in 1979 and was legally permitted until Ordinance 89 became effective on August 25, 1981 . - The uses which would be allowed on the property by granting the change of zone will be compatible with surrounding land uses. Mike's Auto Specialties, 34 Centre, Country Crafts and Supplies, Motorcycle Parts and Specialties, Nusser's Trailer Sales, Plastic Art Products, Luther Equipment and Taking It To the Limit, a 3.2% beer licensed establishment are all within .3 miles of the site. - The subject site is served by an existing septic system; - The subject site is served the the City of Greeley water system; and 871060 Exhi 6 : 3 Carl F. Seeley Z-434:87:3 Page 2 - East 18th Street and Cedar Avenue will provide adequate access to the site. - The property under consideration is located in the A-P (Airport) Overlay District. Structures would not be allowed over 163 feet in height at this location. The existing structure on this parcel does not exceed the height limit. - The proposed rezoning will not permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property. - The soil conditions on the site show moderate, shrink- swell limitations for the construction of small commercial buildings for the site, as shown by the USDA, Soil Conservation Service, Soil Survey of Weld County, Colorado, issued September, 1980. However, improvements on the property have existed since 1979. The Greeley Soil Conservation Service has indicated they have no objections to this proposal. 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 this request. The Planning Commission's recommendation for approval is conditional upon the following: 1 . A site plan review shall be submitted to the Department of Planning Services by the applicant. This site plan review shall be accompanied by a certification which states and affirms that the specific uses, buildings, and structures are designed or will be constructed and operated in accordance with the applicable performance standards and district requirements in the Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property is rezoned. 2. The Change of Zone plat shall be delivered to the Department of Planning Services' office and shall be recorded in the office of the Weld County Clerk and Recorder. 871060 Carl F. Seeley Z-434:87:3 Page 3 3. The rezoning plat shall be amended to show a 50 foot reservation from the centerline of East 18th Street. Motion seconded by LeAnn Reid. VOTE: For Passage Against Passage Ann Garrison Paulette Weaver Louis Rademacher LeAnn Reid Lynn Brown Ernie Ross Lydia Dunbar 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 June 16, 1987, and recorded in Book No. RI of the proceedings of the said Planning Commission. Dated the 17th day of June, 1987. yJoti.._ max- Co -Bobbie Good Secretary 871060 ADDITIONAL COMMENTS Carl F. Sealey Z-434:87:3 The site was -zoned Industrial on October 5, 1962. From 1979 through 1982 the property was used as a convenience store which was considered to be a use allowed in the Commercial zone district. In 1979, when the store was built, the County's Zoning Resolution allowed cumulative zoning. This type _of zoning allowed all uses permitted in Agricultural or Residential districts to be permitted in Commercial zone districts and all uses permitted in Commercial zone districts were permitted in Industrial zone Aistricts. -On August 25, 1981, Ordinance 89 became effective and the present I-1 (Industrial) zoning was established on the property under consideration and the use of the structure and property became a non-conforming use. Ordinance 89 does not allow cumulative zoning in -different zone districts. The current ordinance identifies uses to be -inclusive and of equal importance. Each use within the different zone district is entitled to be protected from other uses. According to Section 75.4 of the Weld County -Zoning Ordinance, "When a non-conforming USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more than one (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Ordinance for the zoning district in which such STRUCTURE nr STRUCTURE and premises is located." When the use of convenience store was abandoned for a period of more than nne year any subsequent use of the structure and property could not be considered to be non-conforming and is required to conform to the current -zoning regulations. i'he City of Greeley has recommended objections to the proposal because the Greeley Comprehensive Plan discourages isolated commercial development and encourages commercial development in clusters or a recognized center form. Several other commercial businesses exist in the immediate area along East 18th Street. An existing structure is located on the property under Lonsideration. No objections have been received from surrounding property owners. 871060 I`VENTORY OF ITEMS SUBMITTED FOR tO;SIDEPATION Gorse Number Z A/51 . 7 . J3 Submitted or Prepared Prior • to Hearing At Hearing 1. Application 9 Pages 2. ZR Application, plat(s) page(s) • 3. DPS Referral Summary Sheet K- 4. PPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. 'DPS Mineral Owners Mailing List 7. J DPS Maps Prepared by Planning Technician 18. ITS Notice of Hearing 9. -DPS Case Summary Sheet r/ 10. tPS Field Check 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /0 items identified herein were submitted to the -Department of Planning Services at or prior to the scheduled Planning Commission hearing. . Y further certif that these items were forwarded to the Clerk to the Board's office onto, ( 7 13I3_� . i i; Curt nTe t Pl r STATE OF COLORADO ) COUNTY OF WELD ) _SUBSCRIBED AND SWORN TO BEFORE ME THIS j 1 DAY OF (Si, ,a 19.412_, SEAL • -May L� CemmistTonfxpltes Fes. T3, NO AP.Y PIBLZ } 871060 N9 ('.(m1MMSTici7a'eL)[PR11 S7YtlY EXHIBIT INVENTORY CONTROL SHEET Case COZ, Carl F. Sealey Exhibit Submitted By Exhibit Description A. Planni nn s+n_ J-nyerd-pry b1Z-+erns S bm;fled B. (11Y1; ry) en R7'.SO t14-inn n PecX )rnrner c1/2- ';on c. pt n n�� rY l"nrnmi«‘c-pn _u_mm4Ty O1 f-F_e-1i n3 D. �ler-K -h-) +he Bo&r d Hn r ; ng DAL �e 1pprovc,l E. C 1 r LA-a son r r♦ ! 11 o+i C' P. !1f H PILr r n q F. G. H. I. J. R. L. M. N. 0. 871060 June 16, 1987 CASE NUMBER: Z-434:87:3 NAME: Carl F. Seeley ADDRESS: 1107 East 18th Street, Greeley, CO 80631 REQUEST: Change of Zone from I-1 (Industrial) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the NE} SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: the northwest corner of East 18th Street and Cedar Avenue; east of Greeley THE DEPARTMENT OF PLANNING _SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED -FOR -THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 21.7 of the Weld Oounty Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 21 .3 of the Weld County Zoning Ordinance as follows: - The applicant has _demonstrated that the zoning -of the property under consideration is faulty. A commercial land use occupied the -subject site in 1979 and was legally permitted until Ordinance 89 became effective on August 25, 1981. - The uses which would be allowed on the property by granting the change 'of zone will be compatible with surrounding land uses. Mike's Auto Specialties, 34 Centre, Country Crafts and Supplies, Motorcycle Parts and Specialties, Nus-ser's Trailer Sales, Plastic Art Products, Luther Equipment and Taking It To the limit, a 3.22 beer licensed establishment are all within .3 miles _ of the site. - The subject site is served by an existing septic system; - The subject site is -served the the City of -Greeley water system; and - East 18th Street and Cedar -Avenue win provide adequate access to the site. 871060 Carl P. Sealey Z-434:87:3 Page 2 - The property under consideration is located in the A-P (Airport) Overlay District. Structures would -not be allowed over 163 feet in height at this location. The existing structure on this parcel does not exceed the height limit. - The proposed rezoning will tot permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater Extent than under the present zoning of the property. - The soil _conditions on the site show moderate, shrink- swell limitations for the construction of small commercial buildings for the site, as shown by the USDA, Soil Conservation Service, Soil Survey of Weld County, Colorado, issued September, 1980. However, improvements on the property have existed since 1979. The Greeley Soil Conservation Service has indicated they have no objections to this proposal. This recommendation is based, in part, upon a review of the application submitted ±y the applicant, other relevant information regarding the request and the responses of the referral entities -which have reviewed this request. The _Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . A site plan review shall be submitted to the Department of Planning Services by the applicant. This sits _plan review shall be accompanied by a certification which states and affirms that the specific uses, buildings, and structures are designed or will be constructed and operated in accordance with the applicable performance standards and district requirements in The Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property is rezoned. 2. The Change of Zone plat shall be delivered to the Department of Planning Services' office and shall be recorded in the office of the Weld County Clerk and Recorder. 3. The rezoning plat shall be amended to show a 50 foot reservation from the centerline of -East 18th street. 871060 LAND-USE APPLICATION SUMMARY SHEET Date: June 9, 1987 CASE NUMBER: Z-434:87:3 NAME: Carl D. Sealey ADDRESS: 1107 East 18th Street, Greeley, CO 80631 REQUEST: Change of Zone from I-1 (Industrial) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the NE} SE} of Section 9, T5N, R65W of the 6th P.M. , Weld -County, Colorado. LOCATION: The northwest corner of East 18th Street and Cedar Avenue; east of Greeley, Weld County, Colorado. SIZE OF PARCEL: Approximately .3 acres, more or lass. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this _request is listed in Section 21 .5 of the Weld County Zoning Ordinance. This application for a Change of Zone from I-1 to C-3 is for an existing building and property which were used as a convenience/gas store and parking lot from about 1979 to 1982. At the time the -store was built, the County allowed "pyramid zoning". Under "pyramid zoning", a commercial use was allowed in an industrial zone. On August 25, 1981, Ordinance 89 became effective and "pyramid zoning" was -no longer allowed. With Ordinance 89 in effect, the convenience -store became a non-conforming use until the use was abandoned in 1982 when the store was closed. In order to open the convenience store at this time the zone must be changed to commercial. The Department of Planning Services Staff has received specific recommendations from the following referral entities: - City of Greeley Planning Department - State of Colorado Division of Highways Copies of these referral responses are included in this summary packet. Weld County Health Department, Weld County Engineering Department, and Western -Hills Fire Protection District have responded that they have no objections to this r-equest. A referral response has not been received from the Greeley Soil Conservation Service. No objections from surrounding property 'owners have -been received. 871060 1 1-y a ., 4-4 ° W ' \ " o r eP c,n �S�,`�.\1 • •: i." K f .tion p �'3 �. 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I 14/ Cl 21 22 1. -4t‘-'° _! i 4c O4642 1 • 'I _-,�I 1• . / ) 88060 , .. D. A { , jj t- + r Yn «. ^" .6 N i , i .. "MS" vr*Av;.ai S 4' }�, #G 44 RT ". *RW 4. .lh' Iy J (ti _,II,f tr- i . m q4 ' .. ';,- 'r f f s HvvY VV r F 4 F Y. y T r , Y. M 1 } • I , {[ ; G4 �tlx .. �4 "' `�* ,4'r,; ak 'WF.4mw h- f sk x x '2,.ti ., '> t . d' . :Pt, f ``�1�, ,lyjW°�' � x � � }��t ,per' Yy'. v l''L�,x '�,: , `TM0y :T4-...),,. . 4 i34 �C' `k � 5wF � .x t' Ir.. r qJ -#Y'h ." ` rr. ,,. = 7r Y `,qjy '`..-k,1"-.' 'Ca,''a ' m t. w t ` a xi ! r 3J- f+r x ' . ` ,�ry.Y ��, . ..mac, i k [" •.i ��S i,;',74-4. Y $�, ,qdt1e7 > ^yr4' • - +i. *u • 9` '� ti T = ..r� 5 Lk1 W f .- I t } A.. li 'tl X4-06 - Exil. / VY hck•.- .. ( _ 5 t• t e e� {:f 3_;,. y,f N , ---.1.. q,.. pe"-,y rky a€ a r iB kx � d k. ‘,....ib " , , 4...di.t,.11 . / . ; :, ; ; . =:\ a , - b:.4-44 ' r �N' a 'k>. i i t . :''' ii. ,x . Y; L't, SCALD: 1" = 100' �> FIELD CHECK FILING NUMBER: Z-434:87:3 DATE OF INSPECTION: June 2, 1987 NAME: Carl F. Sealey REQUEST: Change of Zone from I- 1 (Industrial) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the NE} SE} of Section 9, T5N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: The northwest corner cf East 18th Street and Cedar Avenue; east of Greeley. LAND USE: N Mobile home; warehouse. E Cedar Avenue; Linn Grove Cemetery. S East 18th Street; 3 residences; and pasture. W Three residences; empty building. ZONING: N I-1 (Industrial) E A (Agricultural) S C-2 (Commercial) , C-3 (Commercial) , and R-1 (Residential) . W I-1 (Industrial) COMMENTS: Access to this lot is from Cedar Avenue and East 18th Street, both of which are paved roads. There is no landscaping on this lot. The south parking area of this lot adjacent to the building is concrete. The rest of the lot is gravel. By: �/ 0" (�}- �and11 J. anson Current Pla 871060 REFERRAL LIST APPLICANT: Carl F. Sealey CASE NUMBER: COZ-434:87:3 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: May 22, 1987 NO SR NR NO SR NR X Weld County Health Dept. X Engineering Department X Greeley Soil Conservation Service 4302 9th Street Road Greeley, CO 80634 X State Highway Department 1420 2nd Street Greeley, CO 80631 X Paulette Weaver 1725 12th Avenue Greeley, CO 80631 / X City of Greeley Planning Department 919 7th Street Greeley, CO 80631 X Western Hills Fire Protection District c/o Brian Newkirk 1804 Cherry Avenue Greeley, CO 80631 NO=No Objection SR=Specific Recommendations NR=No Response 871060 err (g 'Lit c yy.� INCORPORATED — a YEARS City of GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353-6123 Greeley May 26 , 1987 Lanell J . Swanson , Current Planner Weld County Department of Planning Services 915 10th Street Greeley , CO 80631 Dear Lanell : The Greeley Planning Commission at its May 26 , 1987 meeting reviewed the request for rezoning of property (Z-434: 87 : 3 , City code 17 : 87) located at 1109 East 18th Street . The Greeley Planning Commission recommended objections to the rezoning based on the reason in the staff report submitted to you separately. Thank you for the opportunity to review and comment on this item. Please call if you have any questions . i ere y, I ichola —K. Matz Planner II NKM:mf C�� M . 291987 Weld Co. planning Cnmmissfm, 871060 PLANS ,G COMMISSION SC-MMAR SHEET ITEM: Weld County Referral PROJECT: Rezoning, from I-1 (Light Industrial) to C-3 (Commercial) zoning, in the Count) APPLICANT: Carl F. Sealey LOCATION: The northwest corner of the intersection of Cedar Avenue & East 18th Street (U.S. 34) (aka 1109 East 18th Street) PLANNING COMMISSION HEARING DATE: May 26, 1987 PLANNING COMMISSION FUNCTION: To recommend to the Weld County Planning Commission on development conformance with the Greeley Comprehensive Plan PROJECT OVERVIEW: 1) The site is an existing 15,000 square foot (.34 acre) parcel with a closed-up convenience/gas store. 2) The applicant built and operated the store from 1979-81. A second owner operated it from 1981-82. It was closed from 1982 to the present. 3) The County zoning regulations were changed in 1981. This change caused the site to become a legally nonconforming use. The applicant desires to operate the site as a use by right. PLANNING REVIEW COMMENTS: 1) This review will focus on the development as it relates to the Comprehensive Plan suggesting policies for municipal development. Issues of nonconforming status and applicability of County rezoning criteria are properly dealt with through County land use regulations. 2) The Comprehensive Plan discourages isolated commercial development. It encourages com- mercial development (Policy A-2.3) to be developed only in clusters near arterial intersec- tions, generally in one of the commercial center forms--neighborhood, community, regional, service, office or mixed use. Each of these forms has general policy principles. If this use were proposed in the city, the Comprehensive Plan would discourage its development at this site because it is not clustered or in a center font. 3) The primary reasons for such discouragement include: a. encouraging coordination of unified commercial development in specific center forms; Traffic, service provision, and visual impacts caused by uncoordinated commercial devel- opment creates problems for area development. Encouraging clustered center commer- cial development and associated land use policies promotes a unified character that gives a greater degree of acceptable control over such development. 871060 r controlling negative it ; .ets on residential neighborhoods. K ,,ecific to this use are such potentially negative off—site impacts as lighting and intensity of traffic. This area is characterized by a low intensity of use, be it agricultural, residential. or cemetery. Light- ing and levels of traffic commonly associated with convenience/gas stores would not be compatible with this area. 4) If this rezoning is permitted, compliance with city development standards including right—of— way dedication and construction of curb, gutter, sidewalk, and parking lots should be main- tained. ADMINISTRATIVE REVIEW TEAM COMMENTS: N/A NEIGHBORHOOD MEETING REQUIREMENTS: N/A PLANNING COMMISSION ACTION: Recommend objections to the Weld County Planning Commission for the rezoning for the follow- ing reasons: Were this development to occur in the city, the Comprehensive Plan would discourage such development when it would not occur in clusters or a recognized center form. This discour- agement is due to the desire to encourage unified commercial development and to the poten- tial for negative impacts of isolated commercial on residential areas. 871060 i STATE OF COLORADO DIVISION OF HIGHWAYS5,-,;-;;To;':,, 'et 't P.O. Box 850 mg (,/,71'1{ Greeley, Colorado 80632-0850 r �•l (303) 353-1232 �L , °/' `),eor co°/' May 20, 1987 Weld Co. , S.H. 34 Sealey Zone Change NE Cor. E. 18th St. and Cedar Ave. (E. of Greeley) Ms. Lanell J. Swanson Department of Planning Services DOH File 45100 Weld County 915 10th Street Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the Carl Sealey Zone Change request, and we have the following comments: 7. Projected traffic on State Highway 34 indicates the need for a 100-foot total right of way, 50 feet each side of the highway centerline. Additional width to meet the projected need should be protected by reservation or, preferably, dedication, as permitted by County regulations. 2. It is our understanding from your conversation with Wally Jacobson of this office that the purpose of this rezoning is to bring the existing use of this property into conformance with current zoning regulations. There is to be no change in the operation of the convenience store which currently has access to S.H. 34. Based on this information, no changes to the highway access are required. Thank you for the opportunity to review this change of zone. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, ALBERT CHOTVACS DISTR T ENGI IE John K. Crier District Planning/Environmental Manager JKC:mbc(WJ) cc: File: Crier-Jacobson via Chotvacs MAY 2 21987 871.060 welt; cu. Vlana"u inmunssmr. r_�r DEP-AF 'ENT OF PLANNING SERVICES 4( PHONE(303)356-4000 EXT.4400 -3 915 10th STREET GREELEY, COLORADO 80631 :1IIt € 00 COLORADO l NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on June 16, 1987, at 1:30 p.m. to review a request for approval of a Change of Zone from I-1 to C-3 from Carl F. Seeley. The parcel of land is described as part of the NE} SE} of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado, containing .3 acres, more or less. The property is located at the northwest corner of East 18th Street and Cedar Avenue. 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 June 16, 1987. 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 May 21, 1987 -Received by: Date: 871060 SURROUNDING PROPERTY OWNERS Z-434:87:3 Carl F. Sealey City of Greeley City -Hall 901 7th Street Greeley, CO 80631 Julian, Jr. , and Susan A. Martinez 1103 East 18th Street £reeley, CO 80631 Alice B. Smith 2127 14th Street Road Greeley, CO 80631 Union Colony Bank P.O. Box 961 Greeley, CO 80631 Crown Mortgage and Investment Co. Trustee P.O. Box 43 Rvans, CO 80620 ARA Dev Con Inc. 15415 Katy Freeway Suite 800 Houston, TX 77094 Herbert J. and Ardith J. Nusser 1812 Birch Avenue Greeley, CO 80631 Timothy P. and Margaret A. Bath 3516 Cody Lane Cheyenne, WY 82009 Alfred F. Cioloha 1108 East 18th Street Greeley, CO 80631 Robert Craig, et al 4095 Fairfax Drive Napa, CA 94358 Robert E. and Lanora Comer 1216 East 18th Street Greeley, CO 80631 671060 SURROUNDING PROPERTY OWNERS Z-434:87:3 Carl F. Sealey Page 2 Nusser Trailer Sales 1034 3;ast 18th Street -Greeley, CO 10631 Herbert J. and Ardith J. Nusser 1812 Birch Avenue Greeley, CO 80631 James P. Fehny, III 515 41st Avenue Greeley, 100 80631 Marion R. and Sandra K. Hanes 3610 49th Street Greeley, -00 80631 Tennis Meadows c/o James Smith 2127 14th Street Raad Greeley, CO 80631 871060 gca pJ4 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. South 150 feet of the East 100 feet of Lot 3, of the NE1/4SE1/4 Subject Property of Section -9, Township 5 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, atates that to the best of -his or her 4cnowledge the attached list is a true and accurate list -of the names and addresses of all mineral owners and lasses of mineral owners on or under the -parcel of land which is the subject of the applicatian as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update !tom a title or abstract company or an attorney. Carl F. Sealey is the sole owner of the minerals. Wm. L. West, Attorney for Carl F. Sealey The foregoing instrument was subscribed and sworn to before me this 7th day of ; I r A3' , 19 87 WITNESS 'my\ sand and o₹$Li-vial seal. My Commission expires: October 23, 1989 1 ary -Public • � e0 X371.®6D REZONING APPLICATION Case # Weld County, Colorado Dept. of Planning Services App. Ch'd By: Date Rec'd: 915 10th Street App. Fee: _ Receipt fir: Greeley, Colorado 80631 Record. Fee Receipt 1 :� TO BE COMPLETED BY APPLICANT. Please print or type, except for -necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following -described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION: South 150 feet of the East 100 feet of Lot 3, of the NE1/4SE1/4 of Section 9, Township 5 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. (If additional space is required, attach an additional sheet) Property Address (if available) : 1109 East 18th Street PRESENT ZONE I1 PROPOSED ZONE_. C-3 TOTAL ACREAGE Approx. .3 OVERLAY ZONES_ -^` SURFACE FEE (PROPERTY OWNERS) OF ARFA PROPOSED FOR REZONING: Name: Carl F. Eealey Home Telephone #: 353-3283 Address: 1107 East 18th Street -Bus. Telephone 1F: Greeley, CO 80631 Name: Rome Telephone #: Address: Bus. Telephone #: Name: Home Telephone #: Address: Firs. Telephone #: Applicant or Authorized Agent (if different than above) : Name: home Telephone #: Address: Bus. Telephone #: �— Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Carl F. Seeley AddreT.a:, Fast 1Rth Super ._CrpFIPy, co 8n63) Name: Address: Name: Address: I hereby depose and state under the -penalties of perjury that all statements, proposals and/or plans -submitted with or contained within -this application -a re true and correct to the beat of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) ( ,zn1 _Signature: Owner Owner or Authorized Agent subscribed and sworn to before me this 7th day of May 0.-987 . SEAL ; /Ca. _ � J TARY PUBLIC- ( Ortobe.r. 23 myZ'ommi rQinr, expt'. s: _._ --•----.._..._ ._... ' 1989... _ f3711,50 STATEMENT OF OWNER ATTACHED TO APPLICATION FOR REZONING The undersigned, _CARL SEALEY, built and operated a convenience store and gas station in 1979 . Toward the end of 1981, Carl had some health problems and sold the operation to some people by the name of Ring. The Kings operated the store for about a year and, at about the end of 1982 , the I .R. S. closed the business. It took Carl until April of 1985 to work things out with the I .R.S. and get the property back. Because of the nature of the zoning regulations in 1979 , the use as a convenience store did not violate the zoning regulations . Because of changes in the zoning code in about 1982, the property was changed from a permitted use to a legal non-conforming use. The proposed use does not appear to be inconsistent with the comprehensive plan, and the use fits in with other uses in the area . The proposed use is compatible with other uses in the area. The property has existing water and sewer. Since the structure has been in existence for several years, no soil surveys have been obtained. Existing public roads provide adequate access. The applicant does not believe that the property is in a flood -plain, is a geological hazard, or is in the Weld County Airport overlay district. c CARL BEALEY 871060 .:J J i'.1, \I I\ ... ...� _-�:, .:_...• '�..._.'._, a �.� I • Tun DEED, Made April 15 , Ig 85 , between Anne D. Nye as the Publk Trustee, of the Count.y of Wk 1.1, l<01ua,i.lo, and • Carl F. Sealey, 1107 East 18th Street, Greeley, 1 Colorado 80631 • Purchseer(e), WITNESSETH: Whereas, Lonald J. King, Jr. , and Christine L. King dal, by Deed of Trust dated April 27 . 10 82 , and recorded In the office of the Clerk and Recorder of thu • County of Weld ,Colorado,on April 28 , 10 82 , in Rook 9G6 at Page • I Recept i• n No. 1890058 1• convey to the Public Trustee In Trust the property hereinafter described to immure the payment of the indebtedness provided in said Deed of Trust; and Wh , violation having been made in certain of the terms and covenants of amid Deed of Trust as shown by the notice of election and demand fur sale fled with the Public Ti us:ee, a copy thereof being recorded in the office of said County Clerk and Recorder, the maid property was adve.lined fur sale at public auction sit the place and In the manner provided by low and by said Deed of 'Feint sod n copy of the notice of sale wits in apt time mailed to the persona required by statute, and said property was in pursuance of said notice sold to Carl F. Sealey for the sum hereinafter set forth and a certificate of purchase thereof was made and recorded•• and said property not having been redeemed from said sale; Now, Theiefure, the Public Trustee pursuant to the power and authority vested In b et by law and by the said Deed of Trust as such Public Trustee and in consideration of the sum of 1189,750.00 to the Public Trustee paid by the said Purchaser(s), the receipt whereof la hereby acknowledged, conveys to the said Purehaserls), 11i5 heirs, successors and assigns forever••• all the right, title and Interest which the Public-Trustee acquired pursuant to said Deed of Trust Ir. and to the following described property situate in the County of ,Colorado,to wit: The South One Hundred Fifty feet (S150') of the East One Hundred feet (E100') of Lot Three (3) , of the Northeast Quarter of the Southeast Quarter (NE S ) of Section Nine (9), Township Five (5) North, of Range Sixty-five (65) West of the Sixth (6th) P.M., County of Weld, State of Colorado. also known as street and rn' -er. 1109 East 18th Street, Greeley, _CO 80631 • • To Rave and to Hold the same onto the said Purehassf(s) his heirs, successors and assigns forever. Executed the_day and year first above written. it) Art-..,[SEAL] as Public trustee of the County of Weld , Colorado • By.......... ..._. ..... .. ..._._ ........................ Deputy Public Trustee ST-ATE OF COLORADO, 1 as CountyCounty of We Id The foregoing instrument-was acknowledged before mends 15th day of Apt ii. • O 85, bL Antre.,p. Nye as the Public Trustee of the County dl iWe 1 d a ,Colorado. _I.„,ai1Y.dpltlitsl5oftespires September 28, 1987 " c VI)I ea.apr harji a4 official seal. .,t!iOtbat3lrsrf %reelev, CO 80631. I atte/4. /((7I (,(tt 4-/_ ••I11 rMM. al n•;C wit; ^ auwb,. ear.e..% •blus�r w•lM tva�M rw,s e.ia. N rnrn "Nina w mrk.i.of a..•r.wvu rig.,JJu Oats.T s.aewt". If sacs s w•w>olbt•.t • f.N�a.�a(', ,..,r.W alas.of ta,vpveti.a • .1'Iras.twit S.s t�r.ana.,. No 30 it eV. '44 It auc TIJerafa Dflt—u',Akre r....h..,ea, lea re t. t-eo.w o..,.,, coi,r.e, s u #I156 871060 ZONING PLS-T . I- I DISTRICT to• 3 DISTRICT SEALEY ZONE . CHANGE ••ehe N.89° 36'28" E. O Q 5 f 1 4 QC Rue r 3 100.00' c il vi ¢' r g w . ill15,000 Sq.Ft. .• SEC. 9-1.5N.- R.65W. 0 0 Z t0 0.34t AC. o w 8 . 7.TH ST. 00 Q 10 U. . 0Et st SITE arc m1k y lW Q H E. /87-11 Sr - 10 w - M - - - - p) to cr a) 20'Reser vat ran o 17 16 115 0 — •Ver Future R.0.W. D VICINITY MAP S oi SCALE: IIf= 2000' Z M S.89°3B'28"W. 0 100.00' o E. IBTH ST. (US. 34) LEGAL DESCRIPTION — 1109 East 18th Street SCALE:I"=4D' The South 150 feet of the East 100 feet of Lot 3, of the Northeast Quarter (NE's) of the Southeast Quarter (SEA) of Seed-on 9, Township 5 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. SURVEYOR'S CERTIFICATE ...•REFS I hereby certify that this plat was prepared under my supervision and thaVil tvhe a -correct to the best of my knowledge -and belief. Q r' JASPE E E ^ 9 �y 1 Colors .E. & L.S. 4392 - pc r: Q.o: •^r . o: PROPERTY OWNERS APPROVAL * • t4&MG�$�..0tO/ 174E0 G,: I, Carl Sealey, being the sole owner in fee ofthe above described property,"me ••Hereby request the zoning as Shown on the attached map. _44A Carl Sealey The foregoing certification was acknowledged -before me this 704 day of i97 , 1987, by Carl Seeley. Witness my hand and seal. My commission expires: 7. -O. aict)Jae Notar Public PLANNING COMMISSION CERTIFICATION This is to certify that the Weld County Planning Commission does hereby recommend to the Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this -Zone Change as shown and described Hereon this _ day of , 1987. Chairman, Planning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION This is to Certify that the Board of E. nt ommissioners, Weld County, Colorado, d hereby onfirm approve, and adopt this Zone n shown and desc abed hereon this/ I% day of County ,. �r (� • lerk " � _ Baar. of Commissioners ,. .Coa rep: Jp;I DATE: 3 ' sPR0J ,T: IB87-B3 FREESE ENGINEERING MAY I , I9S"7 ' AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property South 150 feet of the East 100 feet of Lot 3, of the NE1/4SE1/4 of Section 9, Township 5 North, Range 65 West othe 6th P.M. , County of Weld, State of Colorado. 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 ( 0) days of the application submission date. Carl F. Sealey is the sole owner of the minerals. p Wm. L. West, Attorney for Carl F. Sealey The foregoing instrument was subscribed and sworn to before me this 7th -day May , 19 87' !DS' Wm. Z. West, Attorney -for Carl F'. Sealey WITNESS my hand and official seal . My Commission expires : October 23, 1989 ,e,dcte/ocanT t ry Public 871060 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'§ PARCEL STATE AND ZIP CODE IDENTIFICATION II City of Greeley City Hall 096L09400001 901 -- 7th Street Greeley , CO 80631 Julian Martinez , Jr . 1103 East 18th Street 096109400026 and Susan A. Martinez Greeley , CO 80631 Alice B. Smith 2127 - 14th Street Road 096110900027 Greeley . CO 80631 Union Colony Bank P . 0 . Box 961 096109400028 Greeley , CO 80631 Crown Mortgage & In- P . 0 . Box 43 09610940002-9 vestment Co . Trustee Evans , CO 80620 Ara Dev Con Inc . 15415 Katy Freeway 096109400046 Suite 8130 Houston, TX 77094 Herbert J . Nurser 1812 Birch Avenue 096109400048 and Ardith J . Nusser Greeley , CO 80631 Timothy P . Bath 3516 Cody Lane 096109400050 and Margaret A. Bath Cheyenne , WY 82009 871060 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' PARCEL STATE AND ZIP CODE IDENTIFICATION // Alfred F. Cioloha 1108 East 18th Street 096109400051 Greeley , CO 80631 Robert Craig, et al 4095 Fairfax Drive 096109400052 Napa , CA 94558 Robert E. Comer 1216 East 18th Street 096109400084 and T.annra Clymer Greeley . CO $01111 Nusser Trailer Sales 1034 East 18th Street 096109400091 Greeley , CO 80631 Herbert J . Nusser 1812 Birch Avenue 096109400092 and Ardith J . Nusser Greeley , CO 80631 James P. Feighny IZI 515 - 41st Avenue 096109400101 Greeley , CO 80631 Marion R. Hanes 3610 - 49th Street 096109400102 and Sandra K. Hanes Greeley, CO 80631 Tennis Meadows 2127 - 14th Street Rd . 096109400105 c/o James Smith Greeley , CO 80631 Alice B. Smith 2127 - 14th Street Rd. 096109400107 Greeley , CO 80631 871-060 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # R. E . Corner 1228 - 42nd Avenue 096109400109 and Lanora Corner Greeley , CO 80634 871060 1i � 4 '1%76, IrSWi} r r, 1•i � ° tar GREELEY CIVIC CENTER. GREELEY. COLORADO 80631 (303)353 6123 J et May 12, 1987 Mr. William L. West West and Winters, Attorneys at Law P.O. Box 127 Greeley, Colorado 80-632 Dear Mr. West: This letter is in response to your letter of May 8, 1987, requesting confirmation that the City of Greeley supplies water service to Mr. Carl Sealey's property located at 1109 East 18th Street. Service is available to this property via the 4" diameter main in East 18th Street. You should note that the City of Greeley has placed a lien on this property for unpaid water bills in the amount of $276.00. To regain water service, the owner of the property would have to pay $276.00 plus $6.00 for release of the lien plus a $15.00 turn-on fee, for a total of $297.00. If you have questions regarding this matter, please contact me. Sincerely, H. Rybu Director Water and Sewer Department MHR/ld 871060 ,\ • , 9H 2 fl 8H o w VA W • fre • CD �oJ-pee mc�°le- d �rsf dhs� F r. O• m w -c o X E H•n . o O N rt p C N W Co!n y O wrt rt N rt rt f0 cn •cn r, 871060 Hello