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Home My WebLink About860087.tiff AR2Q4db73 RESOLUTION -RE: GRANT CHANGE OF ZONE FROM R-1 (LOW DENSITY RESIDENTIAL) TO A (AGRICULTURAL) FOR ALLAN W. SMITH WHEREAS, the Board of County Commissioners of Weld County, 1'1 b7 Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the .i- affairs of Weld County, Colorado, and L`r,,O WHEREAS, a public hearing was held on the 22nd day of January, 1986 , at 2 : 00 p.m. for the purpose of hearing the application of Allan W. Smith, 2501 East 18th Street, Greeley, o Colorado 80631 , requesting a Change of Zone from R-1 (Low Density z o Residential) to A (Agricultural) for a parcel of land located on the following described real estate, to-wit: ti� Cw Part of Lots 1 , 2 , and 3 , Union Colony Subdivision in the SEA SEo, Section 10 , yN Township 5 North, Range 65 West of the 6th tn- P.M. , Weld County, Colorado zn WHEREAS, Section 21 .6 .2 of the Weld County Zoning Ordinance rich provides standards for review of such a Change of Zone, and xa WHEREAS , the Board of County Commissioners heard all the testimony and statements of those present, has studied the request xcn of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that p this request shall be approved for the following reasons: d tn-ca 1 . The applicant has complied with all the application 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 �r Weld County Zoning Ordinance as follows: 0 (�o a. The proposal is consistent with the Weld County Comprehensive Plan. The Plan states that agriculture is considered to be a valuable resource which should be protected. The proposed zone district will not adversely impact the agricultural interest of the County. b. The uses allowed on the property by granting the Change of Zone will be compatible with the surrounding land uses. 860087 /� , ,rr, / , (7? i ,s'l <✓. ,,,.r Page 2 RE: CHANGE OF ZONE - SMITH c. The Greeley Planning Commission has no objections to this request. mw tl. Adequate water and septic service can be made available to serve the uses permitted within the I.:1 ,. proposed zone district. (ma a N e. Adequate road facilities are available to meet the tzl requirements of the proposed zone district. I-4 n m NOW, THEREFORE, BE IT RESOLVED by the Board of County z o Commissioners of Weld County, Colorado, that the application of Za -Allan W. Smith for a Change of Zone from R-1 (Low Density ma, Mesidential) to A (Agricultural) on the above referenced parcel of A w land be, and hereby is, granted subject to the following m condition: sn CO +3 N ry\ No building or electrical permits shall be issued on the I- 1) N property until the Change of Zone plat has been \ delivered to the Department of Planning Services Office r rn and the plat is ready to be recorded in the office of M the Weld County Clerk and Recorder. m NJ The above and foregoing Resolution was , on motion duly made to and seconded/ Jadopted by the following vote on the 22nd day of VI January, A.R ,,;41,,8 . o ;1 - BOARD OF COUNTY COMMISSIONERS ATTEST � a". rr✓ WELD COUNTY, COLORADO m 0 Weld Count?1�p; (fr e C�@ `k and Recorder' EXCUSED o a and ClerkL Bo'ard Jacque R� o nson, hairman // D N • o `" ` . Lacy,/ ": em o eputy County erk / N o APPROVED AS TO FORM: Gene R. Braner / /� c C.W. Kirby c --� !mil/! i. .1. County Attorney / I,- iJF₹aftk Yamag 8-60087 HEARING CERTIFICATION DOCKET NO. 85-96 RE: CHANGE OF ZONE FROM ZB-1 (LOW DENSITY RESIDENTIAL) TO A (AGRICULTURAL) - ALLAN W. SMITH A public hearing was conducted on January 22, 1986, at 2:00 3.M. , with the following present: Commissioner Jacqueline Johnson, Chairman - Excused Commi-ssioner 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, tee D. Morrison Planning Department representative, Gloria V. Dunn The following lusiness was transacted: I hereby certify that pursuant to a notice dated December F6, 1985, and duly published December 19, 1985, in the Johnstown Breeze, a public hearing-was _conducted to consider the application of Allan -W. Smith for a Change of Zone from R-1 (Low Density Residential) to A (Agricultural) . Lee D. Morrison, Assistant County -Attorney, made this matter of record. Gloria -Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission Into the record. 8'haron Marsden, realtor _representing the applicant, _came for-ward to answer questions of the Board. F.V. Straight and Jahn Duell, adjacent property owners, came forward in favor of this application. After discussion, Commissioner Brantner, moved to approve this request for a Change of Zone, lased upon -the recommendation of the Planning Commission and subject to the condition as recommended. Seconded by Commissioner Kirby, the motion _carried unanimously. The request of -Allan W. Smith for the Resubdiviaion of Part of Lots 1, 2 and 8, Union Colony Subdivision in the SE} SEA , Section 10, Township 5 North, Range 65 l4est was considered at this time. Ms. _Dunn read the favorable recommendation of the Planning -Commission into the record. She said three Conditions were recommended in conjunction with this request, and the first Condition has been satisfied. Mr. Morrison asked about the potential vacation of the -road right—of-way to the south mf the proposed Lot 4. Mr. Straight came forward and made comments regarding this right-of-way. Wes Potter, Health Department representative, spoke about the problems encountered with -septic systems on smaller lots like those -proposed. He stated that the Health Department's currant policy is that two lots may not -share one system. Following discussion, Commissioner Kirby moved to approve the Resubdiviaion as requested by Allan W. Smith, based upon the recommendation of the Planning _Commission. The motion was seconded by Commissioner Lacy and carried unanimously. 7/ 6)0/7 .7 ti r Page 2 RE: COZ - SMITH This Certification was approved on the 27th day of January, 1986. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY, COLORADO iwt Weld CountyClerk and Recor EXCUSED and Clerk to the Boa Jacquel e nson, Chairman .g— 6-1)(---714 ,> .ee�-u_e. — D puty County Cle k or w '. acy, P'o' Gene R. Brantn` , /rbyIiiii F ank ama chi TAPE #86-7 DOCKET #85-96 PLO014 860088 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : JANUARY 22, 1986 DOCKET # 85-96 - COZ, R-1 to A, ALLAN W. SMITH DOCKET # DOCKET # PLEASE write or print legibly yourname, address and the DOC # Kas '__ ted above) or the applicants name of the hearing you are attending . NJ E ADDRESS HEARING ATTENDING 4 " G -7'l/ ' j/� ?e 2.r�L�?� r U • NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following 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 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. 85-96 Allan W. Smith 2501 East 18th Street Greeley, Colorado 80631 DATE: January 22, 1986 TIME: 2:00 P.M. REQUEST: Change of Zone from R-1 (Low Density Residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in the SE} SEl of Section 10, 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: December 16, 1985 PUBLISHED: December 19, 1985, in the Johnstown Breeze I dill I_ITf. > DATE: December 16 , 1985 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 22nd day of January, 1986 , at 2 :00 P.M. Docket No. 85-96 - Allan W. Smith, Change of Zone from R-1 (Low Density Residential) to A (Agricultural) OFFICE OF THE CLE TO THE BOARD BY: ayi., % 7` j Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 3 02 I II II TIT Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Betty J. Poppe of said County of Weld, being duly sworn, say that I am an advertising Berk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of 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 ayµ wdtlQ"rd x :awe w front (days) (ab6Adi4's); that the notice was published in the rty ' regular and entire issue of every number of said newspaper during the period and time of publication of pf, y ¢ zy said notice, and in the newspaper proper and not in a ,°"" teftt _ i"` +'. supplement thereof; that the first ^vw.:e.« wo 4«,4".� �1� PP publication of said .tn. 7„'..„,.,M,. � tir notice was contained in the issue of said newspaper `te'''"'at is .,a 6„„w,�, "2„x, 4'+. t, bearing date .•, 4 ,.Me " wR Ninth t, ` ';`'t' "";..r+l "� a day of January t , � A.D. 19$6 "-, r` '� 0,p4fI r 'Q. and the last publication thereof; in the issue of said a ',"414)f. ab) c + newspaper bearing date the 1,41,00 : �' '"". Ninth day of January A.D. 19 86 ,, ' _-, �y a �,-0 a„ 4 , #� that said The Greeley Daily Tribune and The Greeley r + Republican, has been published continuously and ' " uninterruptedly during the p y period of at least six months next prior to the first issue thereof contained ax 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. January 9,1986 Tota rge: $26.24 6n J.Advertising Clerk Subscribed and sworn to before me this --9 ; day of January A.D. 19 86 M mmissipnMracommisuton Expires Jon. 14, 1990,. �,i ,/ r.', , .r Y. ;•�7 Cc t/ r c c /� Notty Public , / (V' /4/ r , ,,.. , ,. ,, LE: 2 198b (377,... �-�--- , (947 -e�� (0)r' r Weld Co. Plan ng tIameessioe �/ ),,,,.27.27 / 7/ ( '?'6 J �J/J l; C' / K;-701- I_e pc-C 3 / Pe �l A,7 , ^ ' �`G / f Pio 1. ."/f3 !c , : ri--, ‘ ,, ' ' ik � LL1 `�"`� ,' n -�-r s�i�ry i S or 1 h �� ..� f 1' e al-IC:17 -' 4--t-t-.:c7- f 6-""""e"6:2 e:ZVOT 21,11,--"5/7 c„.2-1--2,----"d ti • - V/-- Sr fry'��--o `--r z 1.,7"/ (-4-e---2./r-41-/Li-r--1—el - /c71— ---/--z--1—,--eter r vv- r4 f/r • ,, -75't (M 71/2-er Ne: _ 14,Xelize?,.ft,72z-A/c),- / 7 di 2 Ctic* ,"A" CY , / Ki__/,‘ ,/e- 7/1, e el a1'6A-�� 1 �Z ,ly,; . / / Ili - III�IIII NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following 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 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. 85-96 Allan W. Smith 2501 East 18th Street Greeley, Colorado 80631 DATE: January 22, 1986 TIME: 2:00 P.M. REQUEST: Change of Zone from R-1 (Low Density Residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in the SE} SE} of Section 10, 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: December 16, 1985 PUBLISHED: December 19, 1985, in the Johnstown Breeze rxitv0/7 g 70-77 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following 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 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. 85-96 Allan W. Smith 2501 East 18th Street Greeley, Colorado 80631 DATE: January 22, 1986 TIME: 2:00 P.M. REQUEST: Change of Zone from R-1 (Low Density Residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in the SE} SEt of Section 10, 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: December 16, 1985 PUBLISHED: December e 19, 1985, in the Johnstown Breeze 90-utc- ifll cccl7 11171 Summary of the Weld County Planning Commission Meeting December 3, 1985 Page 4 The Chairman called for discussion from the audience. There was none. The Chairman asked Mr. Burk if he had reviewed the recommendations and conditions as outlined by the Department of Planning Services staff. He stated he has and has no objections to anything stated. The Chairman asked that reading of the recommendations and conditions as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of the proceedings. MOTION: Lydia Dunbar moved Case Number S-247:85:10 for Beebe Draw Land Company, Ltd. , for an amendment to a final Planned Unit Development Plan, First Filing 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 of the applicant. Motion seconded by Paulette Weaver. 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. Lydia Dunbar - yes; Doug Graff - yes; Lynn Brown - yes; Don Johnson - yes; Louis Rademacher - yes; Ann Garrison - yes; aulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: Z-423:85:9 APPLICANT: Allan W. Smith REQUEST: Change of Zone from R-1 (low density residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in SE} SE} of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of Greeley; west of Fern Avenue on East 18th Street. APPEARANCE: Allan W. Smith, property owner and applicant, stated this is a request for an aqua culture farming operation, but the property is zoned Residential-One and the farming operation does not fit into this type of zoning. e. Ti 1 Summary of the Weld County Planning Commission Meeting December 3, 1985 Page 5 Tape 225 - Side 2 There is a stream, pond, etc. , on the property and the aqua culture farming is in production now. The carp is sold as meat, and the trout is sold as meat or used to stock other streams. There are portions of three parcels that are zoned residential-one and they would like these rezoned to agriculture. The building on the property was intended to be used for a hatchery-nursery, but the species with which one is working would have a lot to do with how the building is used. The Chairman called for discussion from the audience. There was none. The Chairman asked Mr. Smith if he had reviewed the recommendations and conditions as set forth by the Department of Planning Services staff. He stated he had and has no objections to them. The Chairman asked that reading of the recommendations and conditions as outlined 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-423:85:9 for Allan W. Smith for a Change of Zone from Residential-One (low density residential) to Agricultural 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 and the testimony of the applicant. Motion seconded by Lydia Dunbar. 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. Lydia Dunbar - yes; Doug Graff - yes; Lynn Brown - yes; Don Johnson - yes; Louis Rademacher - yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: S-251:85:8 APPLICANT: Allan W. Smith REQUEST: Resubdivision LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in the SE} SE} , Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles east of Greeley; west of Fern Avenue on East 18th Street. yy A/;177 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: CASE NUMBER: Z-423:85:9 NAME: Allan W. Smith w 0 6=� IL ;E . ,%c, Sri , _) ADDRESS: 2501 East 18th Street, Greeley, CO 80631 UY: . REQUEST: A Change of Zone from R-1 (low density residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in the SE} SEi of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles east of Greeley; west of Fern Avenue on East 18th Street 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. The request is in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. The Plan states that agriculture is considered to be a valuable resource which should be protected. The proposed zone district will not adversely impact the agricultural interest of the County; - The uses allowed on the property, by granting the change of zone, will be compatible with the surrounding land uses; - The Greeley Planning Commission has no objections to this request; - Adequate water and septic service can be made available to serve the uses permitted within the proposed zone district; and - Adequate road facilities are available to meet the requirements of the proposed zone district; „3,; i3. 7 7z,- Z-423:85:9 Allan W. Smith December 3, 1985 Page 2 This recommendation is based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. The Planning Commission's recommendation for approval is conditional upon the following. 1. No building or electrical permits shall be issued on the property until the change of zone plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Lydia Dunbar. Vote: For Passage Against Passage Lydia Dunbar Doug Graff Lynn Brown Don Johnson Louis Rademacher Ann Garrison Paulette Weaver 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 December 3, 1985, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 4th day of December, 1985. reOti5-.-.R. car©a Bobbie Good Secretary j7({x'7 ADDITIONAL COMMENTS Allan W. Smith Z-423:85:9 The subject property is located within the FP-2 (Floodprone) Flood Hazard Overlay District and the Horizontal Zone of the A-P (Airport) Overlay District. The applicant does not propose to build additional structures on the subject property. Future structures are required to meet airport zone height limitations as stated in Section 51.3 of the Weld County Zoning Ordinance and will be subject to the approval of a Flood Hazard Development Permit, prior to the issuance of any building permits. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number Z ,23 ; 7511 Submitted or Prepared Prior to Hearing At Hearing 1. Application /0 Pages ✓ 2. Application plat(s) I page(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List ✓ 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing ✓" 9. DPS Case Summary Sheet j/ 10. DPS 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. I further reify hat these items werorwarded to the Clerk to the Board's office on c . 42 19 Current lanner STATE OF COLORADO ) COUNTY OF WELDAAn ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 6 - DAY OF nn k 19% . , SEAL OtARY PUBLIC \ �a NO ARY PUBLIC MY COMMISSION EXPIRES !Ay Commission Expires Feb. 13, 1980 /6 MP/ EXHIBIT INVENTORY CONTROL SHEET Case7 . Exhibit sub itted By Exhibit Description SS-4 Dyw Ou l7ric�� B. f.4.94 s ex, >f-liLEztc. 1/4-Zeork lilt c. .,.(�aotaLrr� l oY�nu.¢uU; ot4J7fr,,nQ D. C �G� /'✓o-ez4GL1 „iWCQ/�ylp E. o F. G. H. I. J. K. L. 14. N. O. ,p&eCY7 Date: December 3, 1985 CASE NUMBER: Z-423:85:9 NAME: Allan W. Smith ADDRESS: 2501 East 18th Street, Greeley, CO 80631 REQUEST: A Change of Zone from R-1 (low density residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in the SE} SE} of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 .5 miles east of Greeley; west of Fern Avenue on East 18th Street 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 County Zoning Ordinance. 2. The request is in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. The Plan states that agriculture is considered to be a valuable resource which should be protected. The proposed zone district will not adversely impact the agricultural interest of the County; - The uses allowed on the property, by granting the change of zone, will be compatible with the surrounding land uses; - The Greeley Planning Commission has no objections to this request; — Adequate water and septic service can be made available to serve the uses permitted within the proposed zone district; and - Adequate road facilities are available to meet the requirements of the proposed zone district; This recommendation is based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. ..... .... .._ . I O/7 � � Il USR-Z-423 Allan W. Smith December 3, 1985 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following. 1. No building or electrical permits shall be issued on the property until the change of zone plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. �� /9/7 ADDITIONAL COMMENTS Allan W. Smith Z-423:85:9 The subject property is located within the FP-2 (Floodprone) Flood Hazard Overlay District and the Horizontal Zone of the A-P (Airport) Overlay District. The applicant does not propose to build additional structures on the subject property. Future structures are required to meet airport zone height limitations as stated in Section 51.3 of the Weld County Zoning Ordinance and will be subject to the approval of a Flood Hazard Development Permit, prior to the issuance of any building permits. LAND-USE APPLICATION SUMMARY SHEET Date: November 26, 1985 CASE NUMBER: Z-423:85:9 NAME: Allan W. Smith ADDRESS 2501 East 18th Street, Greeley, Colorado 80631 REQUEST: A Change of Zone from R-1 (low density residential) to A (Agricultural) LEGAL DESCRIPTION: Part of Lots 1, 2, and 3, Union Colony Subdivision in the SE} SE}, Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles east of Greeley; west of Fern Avenue on East 18th Street SIZE OF PARCEL: 8.233 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 21.5 of the Weld County Zoning Ordinance. The subject property is currently zoned R-1 (the south 5 acres) and A (the north 3.233 acres) . Mr. Smith is requesting to rezone the "front" 5 acres which extends into the R-1 area of the 8.233 acre parcel in order to continue his trout farm operationawhich extends into the R-1 area. This use is not allowed in the R-1 Zone, but is a Use by Right in the Agricultural Zone. The Department of Planning Services has received no objections to this proposal from the referral agencies or surrounding property owners. , 6 cc's/ - • ti •I li .° .. -- -'^1 �' i'13• 7 • �,"•r..°.i• _ • ' HOV•/L4p • Y -4 .... I ,f..-Q z • e '• •I Rw aue • • ! a nxn.¢z • 'r•e � • .• 1 ••• ••. • , ♦ i. pla • • ( II • e• j '•(([, Ip,l• . r LUCERNE • •• SJ • • •. . tr ru IUP 1. 1!12 x' 2. t' 24 ,� a •e l[n/n9 a 'wnnal/ .I • i{ N a 4 54 : 11 • • • • pf . • 2. — _— _ J •( 1 _�• Y1'` ••..... 'I z /ae' a x@ I ' m 0.'•, Yur.".SC • I . n .• x•J x! / m �ean[/� N/ON• POC/PIC I'—• i=_J lei•.' • , , • ••• • ? •m \GILL I • ;-( u �6 x! e.•• • Cr •CI0V[nl 1 1��1• • /F!I/JrJ/ • . • • • y 'L 0\ • • UNION - 4••t - , L , •470E I i! T. •° �r• • I I� I� •� .. /• I:. _�.� x[x so! z pM1•—t_ ® ` !la. �y !� .. .. . u r !' •' ; . o ' R t- . •..u... .. r ° CREEL Y • • • • 34 • • pa it, i -nr'•• I •95 �} Ilo mu ,_RIM CITY . . •• • • .•• Y ♦ • • : ‘ ,..-.4Ai Q (` 21 . 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"'6°"' 7..e -:a` _ t> { ' 1 � btu^tom-JQ�'`r`stn P2 4 Sfii y ,3 T_ -Y .rt n .r. I 4 - �,.'' 1 ,it). rnt :,J'ctyr y' 'sa ,qa ,� + vit,..,,-,,...,:4..,e,..„, •`b Ze c.$. r .•.N3 t $,k�'s,,, 7 "Y },. T 1k w1 `h,4* -- e. h, g§1/4ca� t; $e 3-+"a.�l ..,, s '4 - 3 hxy...• t.T • :"..-,],---..,-...7", r, hy 1 u,,a�' ',� a,ffp L� 'C ".t" Yi},, " 75 s 1• icT 'a ° +�. i dc.„„:„.„.„,„,,,,t rrx, ^x"K " 4+v s.{ � C" fi4 7tS1,4 +.*/; h_ '"';'rr"} * `t ->... y A t. .M w�... aD t Fa.,_,1 3S p LS ,,,-.4,,,,e. . 4 bt'4,-,ix .. :a wt .'. '+i4. tt :' 4 ,raA°a v t ,:. 1= 2., '' p m.,.... `�''' i __._'•�* l4 J ^J/_% l I v DEPARTMENT OF PLANNING SERVICES 1I • << PHONE(303)356-4000 EXT.4400 \ij -� 915 10th STREET t GREELEY,COLORADO 80631 .. i T 0 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on December 3, 1985, at 1:30 p.m. to review a request for approval of a Change of Zone from R-1 (low density residential) to A (Agricultural) from Allan W. Smith on a parcel of land described as Part of Lots 1, 2, and 3, Union Colony Subdivision located in the SE% SE' of Section 10, T5N, R65W of the 6th P.M. , Weld County, Colorado, containing 8.233 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 December 3, 1985. 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 November 14, 1985. Received by: Date: . (; EC / FIELD CHECK FILING NUMBER: Z-423:85:9 DATE OF INSPECTION: November 20, 1985 NAME: Allan W. Smith REQUEST: Change of Zone from R-1 (low density residential) to Agricultural LEGAL DESCRIPTION: Pt. Lots 1, 2, and 3, Union Colony Subdivision LOCATION: Approximately 1.5 miles east of Greeley, west of Fern Avenue on East 18th Street. LAND USE: N Farm and residential uses E Residence, pasture, triplex apartment building, Fern Avenue S East 18th Street, 3 residences, farmland W Residences ZONING: N Agricultural E Agricultural, R-3 (medium density residential) S R-1 (low density residential) W Agricultural, R-1 (low density residential) COMMENTS: Access to the subject site is from East 18th Street, a paved road. The slope of the land drops down sharply to the north of East 18th Street. A vacant office/shed structure exists on proposed Lot 2 of the site. Proposed Lot 1 contains a single family residence. A pond and fish raceway are located to the north of the buildings. An abandoned county road bisects proposed Lot 4 of the parcel. By: Gloria V. Dunn Current anner ,1"eeG'i7 t REFERRAL LIST APPLICANT: Allan W. Smith CASE NUMBER: Z-423:85:9 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: November 22, 1985 NO SR NR NO SR NR X County Attorney X Paulette Weaver Weld County Planning Comm. Weld County Health Dept. 1725 12th Avenue Greeley, CO 80631 X Engineering Department County Extension Agent Office of Emergency Mngmt State 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 Nicholas Matt -919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Greeley Soil Conservation District 4302 9th Street Road Greeley, CO 80631 X Western Hills Fire Protection Dist. 1804 Cherry Avenue Greeley, CO 80631 NO=No Objection SR=Specific Recommendations NR=No Response ,'oec�J , MAILING LIST Surrounding Property Owners Al Smith Z-423 and S-251 Hans & Judith Meyer 2516 E. 16th Street Greeley, CO 80631 Matthew & Nancy Kallsen 2460 E. 16th Street Greeley, CO 80631 Paul & Carol Lightsey 2400 E. 16th Street Greeley, CO 80631 Kenneth Greigo 803 40th St. Evans, CO 80620 John Duell 26542 WCR 51 Greeley, CO 80631 Gwyer Grimminger 3221 Ramada Road Grand Island, Nebraska 68801 Donnie Jean Duell 2526 E. 18th Street Greeley, CO 80631 Edward & Norma Pierce 2450 E. 18th Street Greeley, CO 80631 Don & Fern Parrott 2344 E. 18th Street Greeley, CO 80631 Floyd Jr. & Mary Ann Agee 2364 E. 18th Street Greeley, CO 80631 Forrest & Idella Straight 2429 E. 18th Street Greeley, CO 80631 Victor & Julie Stanley 2527 E. 18th Street Greeley, CO 80631 n, tier- t i 4Jilliam & Helen Weber 2525 E. 18th Street Greeley, CO 80631 Gary & Sharon Marsden 2423 E. 18th Street 2reeley, CO 80631 Terry & Sharon Dill 406 West Union LaSalle, CO 80645 Margaret Shepherd 2651 E. 18th Street Greeley, CO 80631 Joe, Lidia, Maria, and Nancy Garcia 3025 8th Street Greeley, CO 80631 Michael & Lila Frazier 2717 E. 18th Street Greeley, CO 80631 Caroline Smith P.O. Box 687 Greeley, CO 80631 A.L 1Y 7 MAILING LIST Al Smith Z-423 and S-251 Mineral Onwers Gwyer Grimminger 3221 Ramada Road Grand Island, Nebraska 68801 Pr re 7 FIELD CHECK FILING NUMBER: Z-423:85:9 DATE OF INSPECTION: la - 3 - 65 NAME: Allan W. Smith REQUEST: Change of Zone from R-1 (low density residential) to A (Agriculture) LEGAL DESCRIPTION: Pt. Lots 1, 2 & 3, Union Colony Subdivision - SEk SEti of Section 10 75N, R65W of the 6th P.M. , Weld CuuuLy, uluiadu. LAND USE: N — E ZONING: N LOCATION: Approximately 1.5 miles east E of Greeley, west of Fern Avenue on E. 18th street. W COMMENTS: 41124/ BY: p _ J X11 V'I':AR 1 I. I I R( USON Fi September 17, 1985 Attention: Gloria Dunn Planning and Zoning Weld County Court House - 915 10th Street Greeley, Colorado 80631 Re: The home applied for rezoning and replatting on property located at 2501 East 18th Street, Greeley, Colorado. The property for past twenty (20) years has -been used for a variety of businesses. Most recently, it has beed used in an aqua culture project, which is unique to the Northern Hemisphere. The action brought by the Weld County Commissioners has effectively stopped our financing and planning process. In compliance with your directive, the building itself has not been used in any way for one and one-half (1' ) years. Mortgage holders are in foreclosure procedures. Therefore, sale of individual replatted parcels for their appropriate use is necessary to meet the best interest of neighborhood and creditors. We will continue to carry out your instructions and anxiously await a decision. Respectfully, A. 1d. Smith by Sharon J. Marsden, Realtor-Associate ERA American Heritage Real Estate Co. Agent for A. W. Smith bjm C—Dr ' rV`�c �Lq,{ JP\C1, t_� !, (rlf . 1 LiCu •6 AMERICAN I IERITAGE REAL ESIATEI .01:°":oy ;nminls;oo: ` 917 13 St. Greeley, Colorado 80631 ;f1 ; .f. f yy loch office independently owned and operated. /,OL?J REZONING APPLICATION Case T. Dept. of Planning Services App. Ch'd By: Date Recd: 915 10th Street App. Fee: Receipt 0: Greeley, Colorado 80631 Record. Fee: Receipt 0: Phone: 356-4000, Ext. 4400 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: PART OF LOTS 1, 2, and 3, SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 10, TOWN- SHIP 5 NORTH, RANGE 65 WEST OF THE 6th P.M., WELD COUNTY, COLORADO. (If additional space is required, attach an additional sheet) Property Address (if available): 2501 EAST 18th STREET PRESENT ZONE R - I PROPOSED ZONE A TOTAL ACREA E 5 ACRES_ OVERLAY ZONES NONE IN AREA BEING REZONED SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: ALLAN W. SMITH Home Telephone 0: 351-6852 Address: 2501 EAST 18th ST. _ Bus. Telephone 0: GREELEY, CO. 80631 Name: GWYER GRIMMINGER, ATTORNEY Home Telephone 0: Address: SKYLINE OFFICES, SUITE 10 Bus. Telephone 0: (308) 381-2990 3221 RAMADA ROAD _ GRAND ISLAND, NEBRASKA 68801 Name: _ _ Home Telephone II: Address: Bus. Telephone 0: Applicant or Authorized Agent (if different than above): Name: ALLAN W. SMITH Home Telephone 0: Address: AS ABOVE Bus. Telephone Ih Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: ALLAN W. SMITH Address: AS ABOVE Name: GWYERGRIMMIHGER, ATTORNEY Address: AS ABOVE Name: Address: I. hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application a t e and correct to the best of my knowledge. COUNTY OF HALL STATE OF NEBRASKA _) /)) �, • 510:atur:�Owner or Authorized Agent Subscribed and sworn to before me this aI+V1 day of (\tAry- t , 198, i• GE6ERAL AY-s!mmA<mm, RONNA fE:ERT My Comm Evp.AWil7.!981 D NOTARY PUBLIC U My Commission expires: (1 YilL IQ g-1 E,ai / f'Y REPLAT RESUBDIVISION APPLICATION Department of Planning Services, 915 10th Street, Greeley, Colorado PHONE: 356-4000 Ext. 100 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT NO. APPL. CHECKED BY - - TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed resubdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: PART OF LOTS 1, 2, and 3, SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 10, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6th P.M., WELD COUNTY, COLORADO. (If additional space is required, attach an additional sheet of this same size.) TITLE OF PLAT ZENDT'S FARM NAME OF EXISTING SUBDIVISION UNION LULUNY - EXISTING ZONING "A" AGRICULTURAL and R-1 RESIULNIIAL TOTAL AREA (ACRES) 8.233 ACRES NO. OF LOTS AFFECTED 2 LOT SIZE: AVERAGE 79,250 S.F. MINIMUM 16,387 S.F. UTILITIES: WATER: NAME CITY OF GREELEY SEWER: NAME SEPTIC GAS: NAME GREELEY GAS COMPANY PHONE: NAME MOUNTAIN BELL ELECTRIC: NAME HOME LIGHT & POWER COMPANY DISTRICT: SCHOOL: NAME SCHOOL DISTRICT 06 FIRE: NAME WESTERN HILLS FIRE DISTRICT DESIGNERS' NAME McRAE & SHORT. INC, ADDRESS 1227 - 8th AVENUE, GREELEY. CO, 80631 PHONE 356-3101 ENGINEERS' NAME GERALD B. McRAE ADDRESS 1227 - 8th AVENUE, GREEELEY, CO. 80631 PHONE 356-3101 FEE OWNER OF AREA FOR RESUBDIVISION NAME ALLAN W. SMITH ADDRESS 2591 EAST 18th STREET, GREELEY, CO. 80631 PHONE 351-6852 NAME GWYER GRIIIMINGER, ATTORNEY ADDRESS SKYLINE OFFICES, #10, 3221 RAMADA RD„GRAND ISLAND PHONE (308) 381-2990 NAME 611801 ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within his pplication are true and correct to the best of my owlede. COUNTY OF HALL ) C4--( STATE OF NEBRASKA ) ( C ,'' \ )L' Signatutyz Owner or Authorized Agent Subscribed and sworn to before me this ak,HA day of (1)frky,.AA, -:: GEGERALNOTARYltne,mmnmr RONN.AZEE:RT NY Comm.Exp.April 7.!987 " SEAL Y U I l 1fx 1E1t7. NOTARY PUBLIC U My Commission Expires (Ip,l 1 IC1 8 1 004-80-039 WCDPS-78-1 y6tD / AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property PART OF LOTS 1 , 2, AND 3, SOIITHFAST OHARTER 0$211E_SOUTHEASLQUARTER SECTION 10, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO STATE OF NEBRASKA) SS. COUNTY OF HALL ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. ) a _ . 7 (`. ) \ TheThe foregoing instrument was subscribed and sworn to before me this ,$).b14vday Clo„v\st_. , 198Sby QQLHtr Oh- vbainairAer - - WITNESS my hand and official seal . GENERAL NOTARY-nat.er r.n..a,. NAZCRT My Commission expires : --- rdy Comm Exp?April7.987 64) KIL ✓ 1 , Viet Notary Public ,y;cc / NT,%;) 01 PROPERTY WITHIN 500 FEET Please print or type Meyer, Hans G. F. & Judith A. 2516 E. 16th St. Greeley 52096110400001 Kallsen, Matthew M. & Nancy K. 2460 E. 16th St. Greeley 62096110400003 Lightsey, Paul A. & Carol . 2400 E. 16th St. Greeley 62096110400004 Griego, Kenneth L. 803 40th St Evans 62096110400013 Duell , John 26542 Weld Co Rd 51 Greeley 62096110400046 Grimminger, Gwyer H. 3221 Ramada Rd. Grand Island Nebraska 68801 62096110400048 Duell , Donnie Jean 2526 E. 18th St Greeley 62096110400045 Grimminger, Gwyer H. 3221 Ramada Rd. Grand Island Nebraska 68801 62096110400047 Smith, Allan W. P. 0. Box 687 Greeley 62096110400035 Grimminger, Gwyer H. 3221 Ramada Rd Grand Island, Nebraska 68801 62096110400049 Pierce, Edward W. & Norma Irene 2450 E. 18th St Greeley 62096110400026 Duell , John 26542 Weld Co.. Rd 51 Greeley 62096110400027 Pierce Edward W. & Norma Irene 2450 E. 18th St Greeley 62096110400025 Parrott, Don Evan & Fern L. 2344 E. 18th St Greeley 62096110400033 Agee, Floyd E. Jr & Mary Ann 2364 E. 18th St Greeley 62096110400034 Straight, Forrest V. & Idella A. 2429 E. 18th St Greeley 62096110400017 Stanley, Victor E. & Julie C. 2527 E. 18th St. Greeley 62096110400036 Weber, William & Helen C. 2525 E. 18th St. Greeley 62096110400019 Marsden, Gary L. & Sharon J. 2423 E. 18th St. Greeley 62096110400018 Dill , Terry Lee & Sharon Ann 406 West Union LaSalle 62096110400016 Shepherd, Margaret E. 2651 E. 18th St. Greeley 62096111000032 Garcia, Joe R. & Lidia R. & Maria D.E. & Nancy 3025 8th St Greeley 62096111000026 Frazier, Michael L. & Lila W. 2717 E. 18th St Greeley 62096111000107 Smith, Caroline P. 0. Box 687 Greeley 62096111000025 Smith,Allen W. P. 0. Box 687 Greeley 62096111000073 Meyer, Hans G. F. & Judith A. 2516 E. 16th St Greeley 62096111000024 Certified this 21st day of June 1985 at 7:45 o'clock A.M. „ .- � � cri1 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property PART OF LOTS 1 , 2, AND 3, SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 10, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO. STATE OF NEBRASKA) ss . COUNTY OF HALL ) 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 lessees 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 ,+M) day of , 19k5 BY ensi 'tr crruytvilvrj JL WITNESS my hand and official seal . G6 PJ0.tl0 ` Ily Comrnission expires ' ROrlr:Ai -�Mi Comm DepiExp Peril 42.Ju Notary Public .. ....... .. .. . . . _.. . II 0B/1 '.ECURI TY ABSTRACT COMPANY OF WELD C TY 916 TENTH STREET GREELEY, COLORADO 80631 MEMORANDUM OF TITLE OF MINERALS ONLY CERTIFICATE H_ c T_1U LEGAL DESCRIPTION: All that part of Lot 2 and Part of Lot 3located in the SE1/4 of the SEl/4 of Section 10, Township 5 North, Range 65 West of the 6th P.M., according to the subdivision of lands by the Union Colony of Colorado and being more particularly described as follows: Beginning at the Northeast Corner of said Lot; thence South 00°59'08" West, 482.03 feet to a point on the Northerly Right of Way of a County Road as described in Warranty Deed recorded in Book 1458, Page 236 Weld County Records; thence South 86°50'00" West, along the Northerly Right of Way line of said County Road, 273.83 feet; thence North 02°23'28" West, 130.43 feet, thence South 84°20'48" West, 94.40 feet, thence North 00°00'00" East, 376.27 feet to a point on the North line of said Lot 3; thence South 89°58'06" East, along the North line of said Lot 3, 50.00 feet to the Northwest Corner of said Lot 2; thence continuing South 89°58'06" East, along the North line of said Lot 2, 331.09 feet to the point of beginning. (EXCEPT RESERVOIRS, IRRIGATION DITCHES, AND RIGHTS OF WAY OF ROADS) RECORD TITLE OWNER: ALLAN W. SMITH AND CAROLINE L. SMITH MINERAL OWNERS: ALLAN W. SMITH AND CAROLINE L. SMITH (all) OIL & GAS LEASES CURRENT AS TO PRIMARY TERM: NONE E NCII eed etw Trust D been Allan W. Smith and Caroline L. Smith to Central Bank of Greeley recorded 2-28-83 in Book 990 under Reception No. 1918807 in the amount of $100,000.00 -Assignment of Deed of Trust Reception No. 1918807 from Central Bank of Greeley to Central Bank of West Greeley recorded July 14, 1983 in Book 1001 under Reception No. 1933480 Statutory Mortgage between Allan W. Smith to Stevens & Littman recorded 3-22-84 in Book (over) THIS STATEMENT IS MADE FOR THE BENEFIT OFA1 Smith • THIS STATEMENT IS NOT TO BE CONSIDERED AN OPINION AND WE ASSUME NO FINANCIAL LIABILITY BY VIRTUE THEREOF. IN TESTAMONY WHEREOF WE SIGN THIS STATEMENT AS OF THE 21st DAY OF June , 19_85 AT 7:45 A.M. SECURITY ABSTRACT COMPANY OF WELD COUNTY BY • • NOTE': ALL RECORDING DATA PERTAINS TO THE CLERK AND RECORDER'S OFFICE OF WELD COUNTY , COLORADO. ≤ccF'7 DHA TCURITY ABSTRACT COMPANY OF WELD C( V / 916 TENTH STREET GREELEY, COLORADO 80631 MEMORANDUM OF TITLE OF MINERALS ONLY CERTIFICATE a_ 5c19 t LEGAL DESCRIPTION: All that part of Lot One (1) of the Southeast Quarter (SEl/4) of the Southeast Quarter (SE1/4) of Section Ten (1), Township (5) North Range Sixtyfive (65) West of the 6th P.M., according to the subdivision of lands made by the Union Colony of Colorado, lying North of the South right of way of the existing County Road. The South right of way line of said County Road being more particularly described as commencing at a point on the East line of said Section 10 at a point which is North 00°11'10" West, 864.68 feet from the Southeast corner of said Section 10; thence South 79°00'45" West, 342.09 feet to a point on the West line of said Lot 1. (EXCEPT RESERVOIRS, IRRIGATION DITCHES, AND RIGHTS OF WAY OF ROADS) RECORD TITLE OWNER: Gwyer W; Grimminger MINERAL OWNERS: Gwyer W. Grimminger (ALL) OIL & GAS LEASES CURRENT AS TO PRIMARY TERM: NONE ENCUMBRANCES: Lis Pendens between Board of County Commissioners of Weld County vs. Al Smith recorded June 11, 1985 in Book 1072 under Reception No. 2013012 THIS STATEMENT IS MADE FOR THE BENEFIT OF Al Swi-th THIS STATEMENT IS NOT TO BE CONSIDERED AN OPINION AND WE ASSUME NO FINANCIAL LIABILITY BY VIRTUE THEREOF. IN TESTAMONY WHEREOF WE SIGN THIS STATEMENT AS OF THE ?ict DAY OF —June 19_�s AT 7:45 A.M. SECURITY ABSTRACT COMPANY OF WELD COUNTY >: . .L.. '\ BY t• t/N tl t • NOTE?.. ALL RECORDING DATA PERTAINS TO THE CLERK, AND RECORDER'S OFFICE OF -WECf1 COUNTY, COLORADO. R;(1-.17 JffNATIONAL FLOOD INSURANCE PROGRAM KEY TO MAP 11111111111 S00-Year Flood Boundary— 100-Yen Flood Boundary-- ZONE B 4 Zone Designations* 1E+0.a '�I FIRM vt�^ 3..h n;'. FIRM 100-Near Flood Boundary-- --- s's'" . ar •'.. FLOOD INSURANCE RATE MAP ZONE B 500-Year Flood Boundary---- _ Base Flood Elevation Line 513 WELD With Elevation In Feet"W• d D Base Flood Elevation in Feet (EL 9871 COUNTY, �ea�T T,.,T�� Where Uniform Within Zone" a■a.�i ,6.11 il'�tlll , Elevation Reference Mark RM7x COLORADO River Mlle •M1.5 UNINCORPORATED AREA "Referenced to the National Geodetic Vertical Datum of 1929 *EXPLANATION OF ZONE DESIGNATIONS PANEL 637 OF 1075 ZONE EXPLANATION (SEE MAP INDEX FOR PANELS NOT PRINTED) A Areas of 100-year flood; base flood elevations and flood hazard factors not determined. COMMUNITY-PANEL NUMBER AO Areas of 100-year shallow flooding where depths 080266 0637 C are between one (1) and three(3)feet;average depths of inundation are shown, but no flood hazard factors are determined, AH Areas of 100-year shallow flooding where depths MAP REVISED: are between one (I) and three (3) feet; base flood elevations are shown, but no flood hazard factors ' SEPTEMBER 28, 1982 are determined. s eeT" At-A30 Areas of 100-year flood; base flood elevations and flood hazard factors determined. A99 Areas of 100-year flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. federal emergency management agency a Areas between limits of the 100-year flood and 500- year flood;or certain areas subject to 100-year flood- ing with average depths less than one (1) foot or where Jthe contributing drainage area is less than one square mile;or areas protected by levees from the base flood. (Medium shading) INITIAL IDENTIFICATION: C Areas of minimal flooding. (No shading) MARCH 21, 1978 D Areas of undetermined, but possible, flood hazards. V Areas of 100-year coastal flood with velocity (wave FLOOD HAZARD BOUNDARY MAP REVISIONS: action);base flood elevations and flood hazard factors not determined. Vi-V30 Areas of 100-year coastal flood with velocity (wave action);base flood elevations and flood hazard factors determined. FLOOD INSURANCE RATE MAP EFFECTIVE: MARCH 18, 1980 "-.-- --- - - NOTES TO USER FLOOD INSURANCE RATE MAP REVISIONS: SEPTEMBER 28, 1982 :Penal revised to reflect F.E.M.A.title block. Certain areas not in the special flood hazard areas(zones A and V j may be protected by flood control structures. To determine If flood insurance is available In this community, This map is for flood insurance purposes only; it does not nests. contact your Insurance agent,or call the National Flood Insurance sadly show all areas subject to flooding in the community or Program at(800) 638.6620, I all planimetric features outside special flood hazard areas. I For adjoining map panels, see separately printed Index To Map I Panels. at, IHT APPROXIMATE SCALE • 500 0 500 FEET 1>r.• .t , n N i Y 1 •0.• - ;a; °=. td,,. ,"Y A T;'tf i r . F w ya -C,Th y ti, ,;t y k, s0 �o ' 9y ..l ,• ,t A yY1 • /` o f S} a1. ��.�i es-.,.,,',.4,\:4::3 � �9 F l�'L"W� V h`r+�V'jt,4 .,�•. 6fm�yt,0.a y�,yr tt a�tyw... +v�'r �M �{y��r(,J.� '�4 .:,,,,• t' Jai. ( i•4, • p 3.' 4.aIw 'T by n i 444Y4' 1'�y.1ee1 yt ?kiln 'A .1.71.;_r.".;-'-'-';.. F 'pp• Ast t• +i4A ty, 4 t t'•f ,11 i t veil''. , Y ° n �., ♦4i!', b 0. �••f`7 a ? '44 � ,, ♦'p 0.t {W'Yv 7,t d T n x � i im .. t ;ITV V. r e ryq�r i td� e i" >!y i1 1 y' '�,Y'^Y ! 1 t is tb 4r c r a F . y "w, a 1 . " r ° ,wr u ill' i ?,,-.c;;67-1-;;;" t. !4 , t i f A ^a• tub"n � s �, , „ � yts<Mr�Ti ,�� + i vr �y• ar � F '• {� ,� 1'' I 1 � r . l'5:11t1 . t GOr4F JQ� ,- •Y 8a7 r r 11 t..1 );gym 4,2,1 41,. d r rv1,1' '�� '''.-,11- t ;l y tt{ .1 Y r.1 f' hf i t 4 Y +frl '%- s w Y a M I ,t 'a• e1 '¢t^S. 7 12 • 1 l is �" 3 a.S41M )4' ?:,..14.ay ,t, r l V l' q, 4 ., Y .%4t '•q;'Tr r`4 Y ♦ .-x t. " .�' � i� � ,t �, � & • ^I +,�}'A. , : t11 -.it, iR'}� 4P & ,'4 n# ~. ! a( 1 f 1px z A l io O. H ;vv.!) vT ,F -....v X1 t tt t ,k, v a11i '{� Y t' r ,. � � s II r ZONE B e ` `,'�.ii;" �r art '' j i 3 to 1 :1 fr t TI i � •t 3 �i 1 1 1} C rA y7, _ _. . . �� ..0-%.;";, t� yx • 1 t "ti' A�*,y,1., "a e �v r... 1 9J,,tt ",g*iy �n .'al 1 t flPl4° / c + 41.."14',. I j $��6wr f 41.1,.;,.,y� t t .{ �< y+y9if 3 rk 3* r 4 ,P v c1 ti fucse:irt )i("1`F 6 ..filth",'1 " 11'a. � > \. .[ c3Y'� .�1 �;{ Y L../ l ;�a�......-- ,_,,,......e-- ?,1}pldi .t ., ,° '^ttiViz« ti.....� y �'S Yi JNa ,i 'Pi ` I 1 4,IY t M :. .4 \ I aS��4 , fiff^ a�4�, t r: 1,4,1,4,44, 1hP,�.her {an � �. Initeii •, r i t c E° $'i ' .r'4+' iy'. 0,5,,,,;.‘. , {. .�. t }II,.. f+:. iw #,¢ t RM11X x 4; # e 1 ,°trr t y i i?Y ✓�e e t ,h? t +5 7 • '".x 1. _ t.I4 ) a i 2 .____ —RR110 3. — I I • ZONE B a%‘•d'c,127 1- IF - SOIL SURVEY OF WELD COUNTY, COLORAVO, SOUTHERN PART United Slates Department of Agriculture, Soil Conservation Service, I in cooperation with the Colorado Agricultural Experiment Station or , .,. ‘,' ,r, •`•`� �•$t, k ♦h1 ' 4 r � ' 9; 1 t �`�ss I a 6g )4_ t r !': har � ! ,0iM'ta +� 4, - kil • 0 ; J'�' ♦ V 4� .,Y..., 1.,.! 400 ft _ ®� , ♦�. r 1R 't ,�I" G,r I �:I �'� •C CHE i,- / s 'A'et< ^� t��'':T,.., a" `" r x , ' ' ter, 'E 3 y ,. .14"' +'' a ♦ �y, are � ei Tk 1 + a ( ,r� r Or ' 4 r a �'v 4 K{4 "(tort.' . ,. 41 1,1.7, ( * .. I 1.*` 0.' �V'?�{. ` ',' r '9„,it',`i,t,�I C i •'. i �. F 1f a ♦4 7 ( , . itirf-17 ft R F l t l�4 /ow., � �� b� •-.,1",:r4; _.,1",: 4;', ( i s ��g� , P , • e .yam .1, st. dpi * ' ft .±r P7 ! 0 ' 'f iN '. :.-,h, b'�i�F, 't. '�..... Pia Jf .tIT : tl 50 F.. 1 aS i1• 1G 4" . • Itt4I k . 4 {rh �w�,,1i a - IY�'. �t4 �4 4 il .�! yy. M1 F' J6Y rn,4 ray, r'{ ,•'� 0, y; • '- VY-.e y 41F ' 4 10 �� ;4 1 4: IC7Ah .i / ( Yom- 1y old��1 10 p J 5 nK l j / t '^a f � the (, 43 ,¢,, ,aR SO4 m '�".4a F/.. ,? ' `' f ! !k>lah /,'4 :;4 'jj I --- I'll aEJE h �yy " {yAII h.43!' sl i 66 *ye ,1 yV;y k1 x ff. +f' ��yY� ) , � 'y �1 R I1<N f l 411 S .,(� �v} / .�F,'aa Y+'r' .;l yj RR 1 yak Sti'n 11 � • �r. 22 • l .;Td.. f_. �` 2 r. '44.4"e(4 y " — ;.4 I°ri F, A e i. . .x 9F p; >r wo[er > 4 " ` ` jS� " k t 216,1rrri s'vti'V . i� 7,.}, b M. ill ' ,..;,7i". i..,' •r ,:, t •4+t �,'Ftk;•,* • gs.. , n •M„, �� , 3—Aquolls and Aquents, gravelly substratum. This 68—Ustic Torriorthents, moderately steep. These are nearly level map unit is on bottom lands and flood plains deep, excessively drained soils on terrace breaks and of all the major streams in the survey area. Aquolls, escarpments at elevations of 4,450 to 5,100 feet. They which have a dark colored surface layer, make up about formed in gravelly alluvium and have slopes of 9 to 25 60 percent of the unit. Aquents, which have a lighter percent. Included in mapping are small areas of soils that colored surface layer, make up about 85 percent. About 5 have pockets of sandy loam and loam in the underlying percent is Aquepts and Bankard sandy loam. material. These are deep, poorly drained soils that formed in Typically the surface layer is pale brown gravelly sand recent alluvium. No one pedon is typical. Commonly the about 10 inches thick. The underlying material to a depth soils have a mottled, mildly alkaline to moderately al- of 60 inches is pale brown gravelly sand. kaline loamy or clayey surface layer and underlying Permeability is rapid. Available water capacity is low. material and are underlain by sand or sand and gravel The effective rooting depth is 60 inches or more. Surface within 48 inches. In places they have a gleyed layer in the runoff is medium, and the erosion hazard is moderate. underlying material. The potential native vegetation is dominated by little bluestem, sideoats grams, sand recdgrass, blue gr:una, Most of the acreage is subject to flooding. The water table is at or near the surface early in spring and recedes hairy grama, switchgrass, and needleandthread. Potential production ranges from 700 pounds per acre in favorable to as deep as 48 inches late in fall in some years. These soils are used for rangeland and wildlife habitat. years to 200 pounds in unfavorable years. As range condi- tion deteriorates, the tall and mid grasses decrease, blue Some small areas have been reclaimed by major drainage and leveling and are used for irrigated crops. grama and hairy grama increase, and forage production The potential native vegetation is dominated by alkali drops. sacaton, switchgrass, and western wheatgrass. Saltgrass, Management of vegetation should he based on taking sedge, rush, and alkali bluegrass are also prominent. half or less of the total annual production. Deferred graz- ing is practical in improving range condition. Seeding and Potential production ranges from 3,000 pounds per acre in favorable years to 2,000 pounds in unfavorable years. As mechanical treatment are impractical. range condition deteriorates, the switchgrass, alkali Windbreaks and environmental plantings generally : not suited to these soils. Onsite investigation is needed too t sacaton, and western wheatgrass decrease and saltgrass, determine if plantings are feasible. sedge, and rush increase. Wildlife populations are limited because the necessary Management of vegetation should be based on taking half and leaving half of the total annual production. Seed- ihabitat elements are lacking. Because most of the scaled ing is difficult and costly because numerous tillage prac- quail and rangeland,t only rangeland typical. E tre, ef c ee is n e dedl n tices are required to eliminate the saltgrass sod. and anteoc, are zinin order to care is suitable t in Switchgrass, western wheatgrass, alkali sacaton, tall managing livestock grazing in order provide habitat wheatgrass, and tall fescue are suitable for seeding. They teantti these soils. Potential is poor for urban and recreational develop- can be seeded into a clean, firm seedbed. Seedbed ment. The chief limiting soil features are the loose, coarse preparation usually requires more than 1 year to textured soil, steep slopes, and rapid permeability. Cana- eliminate eliminate the saltgrass sod. A grass drill should be used. bility subclass VIIs irrigated, Vlls nonirrigated; Gravel Seeding early in spring has proven most successful. Breaks range site. Wetland wildlife, especially waterfowl, utilize this unit.The wetland plants provide nesting and protective cover, as well as some food. The nearby irrigated cropland, where wildlife obtain much of their food and find protec- tive cover, makes this unit valuable to both wetland and openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer find excellent cover in some areas. These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. These soils have good potential as a source of sand and gravel. Capability subclass Vlw; Salt Meadow range site. • r_ _ ___ AFFIDAVITOF PUBLICATION NOTICE Pursuant to the zoning laws of the State of Colorado and the THE JOHNSTOWN BREEZE Weld County Zonin -Ordinance, a public hearing will-be held In STATE OF COLORADO I the Chambers df the Board of I 55 County Commissioners of Weld County, Colorado, Weld County COUN'T'Y Oh WELD I Centennial Center, 915 10th1, Clyde Briggs, du solemnly swear That I Street, -First Floor, Greeley, Colorado, at the time specified. am publisher of The Johnstown Breeze; All -persons in any manner that the same is a weekly newspaper Interested n the following ' i proposed Change offlone are printed, in whole or in part, and published ted at attend and may be heard. in the County of Weld, State of Colorado. and has a general circulation therein; that Should the applicant or any interested party desire the said newspaper has been published presence of a court reporter to continuously 'Ind uninterruptedly in said make a record of the pro- ceedings,in addition to the taped County of Weld for a period of more thin record which will be kept during lift two consecutive weeks prior to the the hearing, the Clerk to the y Board's Office can be contacted first publication of the annexed legal utility for a list of court reporters in thearea If a cdurt reporter or advertisement; that said TIC l4'spJ iff has obtained,"the Clerk to the Board's s been admitted to the United States mails as Office shall be advised in writing of such action at least five days second-class matter under the provisions of prior to the hearing. The coat of the Act of March :1, IR79, or any engaging a court reporter shall be borne by the requesting party. amendments thereof, and that said 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 Weld County Planning Commis- sion ,may,be examined in the advertisements within the meaning of the office of the Clerk to the Board of. laws of (he State of Colorado. County the Weld County Centennial That the annexed legal notice or advertise- Center, 915 10th Street, Third l waspublished in the regular and Floor, Greeley, Colorado. InCll p entire issue of every number of said weekly APPLICANT Allan W. Smith newspaper for the period of 1 consccu- 2501 East"18th Street live insertions; and that the first • Greeley, Colorado 80631 DOCKET NO. 85-98 publication of said police was in the issua (.u said newspaper dated/2—/9 A.D.er DATE: January 22, 1986 and that the last publication of said Milieu TIME: 2:00 PM. was in the issue of said newspaper dated A.D. 19 REQUEST: Change of Zone from R-1 (Low Density Residential) to • In witness whereof I have hereunto set A (Agricultural) - my hand_this ≥c� day of ec , - LEGAL DESCRIPTION: Part of A.I). Ili. (5 Sets 1, 2, and 3, Union=t,olony ^ q Subdivision in the SEy SE'/. of C/_N//////(////// Section 10, Township 5 North, Range 65ou West of ad 6th P.M., �/ • Weld County, Colorado BOARD OF COUNTY PU1111511C1 COMMISSIONERS WELD COUNTY, COLORADO Subscribed and sworn to before me, a BY. MARY ANN FEUERSTEIN Notary Public in and for the County of COUNTY CLERK AND WeljlsState of Colorado, this .,g(..Q day of RECORDER AND CLERK TO THE BOARD ...4(...e..e.,:. A.D. I94 .. BY: Mary Reiff, Deputy // DATED: December 16, 1985 ‘1,646-(47-d...1�` 77;;'--"G`-4_ PUBLISHED: December 19, Notary l'obbe 1985, in the Johnstown Breeze My commission expires f„y Commission `r.tti es bti , 74 !' 7 South Paris- Aven,Jn a.•R,rst„wn, CO 8C.`i3d I IY II .. I b4. m y •TC• of E 4pt ir i a 0 co H Fl WI W / W I_ j a .- ntH M ILIOo EwDeillaw i., S cc 0 w H E-4 g ¢ pp F E f C '.�S z H00 iHtit1I 1 H.' mp m U. �' I, E" m ❑❑ ii H y [1 Gwj 0 z 3 .4 °1rn 0 LL 8 8 w w w H A .₹. isi Z a c 9 804+ 1 i 4 •—' cu g.1 Ln r4 ! ' 'd'"JS fl_r ,w ❑ ,❑ N c.7 f a ❑ a SIG d rG fi 2 r All9671•duly 1966 447-845 atir 001864110 0 ig 9=iM1oo‹ � hit� I I i _ C w a � F r a , aH 0, LL �z c W W KI1 W W .-I cn it H3 I W W M j ir W cC cC a i 04 F o w'S Z H o : H. 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