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Home My WebLink About860818.tiff RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE IN THE CHANGE OF ZONE APPLICATION OF FRANK E. WILCOX (CLAY CARLSON, AUTHORIZED AGENT) WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 20th day of August, 1986 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of considering whether or not there has been substantial change in the facts and circumstances regarding the application of Frank E. Wilcox (Clay Carlson , authorized agent) , 4185 Weld County Road 2 , Erie , Colorado 80516 , or that there is newly discovered evidence for a Change of Zone which was denied by the Board of County Commissioners on July 23 , 1986 , and WHEREAS, said hearing concerned the application for a Change of Zone on the following described real estate, to-wit: Part of the S' SW4, Section 35, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said hearing was conducted according to the Board' s policy concerning applications for land-use for property previously denied, said policy having been adopted on May 21 , 1986 , and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that the request for a rehearing concerning this matter shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant, in his letter of July 31 , 1986 , has demonstrated that a substantial change in facts and circumstances has occurred. a. The new land-use application will be different than the one previously submitted to the County. The proposed Planned Unit Development application will permit specific uses on the property, as opposed to /' ) 860818 Page 2 RE: SUBSTANTIAL CHANGE - WILCOX COZ the variety of uses permitted in the C-3 (Commercial) Zone District considered in the original application. Oil and gas development would be permitted in the Planned Unit Development Zone District. The original application request to a C-3 (Commercial) Zone District would not have allowed oil and gas development. b. Applicable provisions of the law (Zoning Ordinance) have also changed. The proposed Planned Unit Development application will be reviewed under a different set of criteria than a Change of Zone from one specific zone district to another as in the original application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been substantial change in the facts and circumstances regarding the application of Frank E. Wilcox (Clay Carlson , authorized agent) for a Change of Zone. BE IT FURTHER RESOLVED by the Board that the request for a rehearing regarding a Change of Zone on the above described parcel of land be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 20th day of August, A.D. , 1986 . `�'-- ` I-- BOARD OF COUNTY COMMISSIONERS ATTEST: WINSW WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J cq�p/�// n ono Chairman . a ' , o-Tem D puty County erk % �� a APPROVED AS TO FORM: Gene R. Bran er ,tou C.W./Kj,rby / r County Attorney / kr Yamagu i 860818 HEARING CERTIFICATION DOCKET NO. 86-45 RE: SUBSTANTIAL CHANGE IN THE CHANGE OF ZONE APPLICATION OF FRANK E. WILCOX (CLAY CARLSON, AUTHORIZED AGENT) A public hearing was conducted on August 20, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated August 6, 1986, and duly published August 7, 1986, in the Johnstown Breeze, a public hearing was conducted to determine whether or not there has been substantial change in the facts and circumstances regarding the application, or that there is newly discovered evidence for the Change of Zone application submitted by Frank E. Wilcox which was denied by the Board on July 23, 1986. Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, representing the Planning Department, read the favorable recommendation of the Planning Commission into the record. Clay Carlson, attorney representing Frank Wilcox, stated that the application for a Change of Zone to a Planned Unit Development is a substantially different proposal than the original application for a Change of Zone to C-3 Zoning. No public testimony was received concerning this matter. Commissioner Lacy moved to find that there has been substantial change in the application of Frank E. Wilcox, for a Change of Zone, and grant a re-hearing in this matter. Commissioner Yamaguchi seconded the motion and it carried unanimously. This Certification was approved on the 25th day of August, 1986. APPROVED: • BOARD OF COUNTY COMMISSIONERS ATTEST: ' �4- tCr%i WELD COUNTY, COLORADO Weld County Clerk and Recorder \ a_ ___,_. ►�\ _.� and Clerk to the Bo d J. cque a ,. F , C - rman L- , • OWL-7 (-c_k d n i Se D puty County C rk 4 G•, .' `�. y, ro- t Gene R. Brantne C.W. Kirby Fran TAPE #86-62 DOCKET #86-45 PL0060 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : AUGUST 20, 1986 DOCKET # 86-42 USR-WOOD CUTTING AND PROCESSING OPERATION - JACK TATUM DOCKET # 86-47 COZ-A to PUD - KENNETH F. LIND DOCKET # 86-45 SUBSTANTIAL CHANGE - FRANK WILCOX (CLAY CARLSON, AGENT) PLEASE write or print legibly your name , address and -:ne DOC (as __st_-- above) or the applicants name of the hearing you are attending . N?_1E ADDRESS HEARING ATTENDING TAe K H 7-7P-2(In iO°IY® /Jay 3i/ irfa-y�- S ' a_ ze -' lJ� cd C..Ov. LL° 4-i.t &-.-4- k ' i -. &a) "LIS F6. - i?t 7 S i,;.. ..,., i„!.r st<: y f /2- ,a-lift-/,t- /, ?,s w R'� ;4/s k. t 113( 1�n �. �C ,)CIS 1.1: r A C � /)a.r,Y, 9-b - L) 71 e �r�7ti11r. i1' ' L/ ,a f5� tN?. t9 3rci./ tv(ci 6e - li en "X /(;// )/ (4/1 ,,'{d.P (rnit,/ W6 -- (1) SIC, I ` --1-r i9-5 1,4 , swAtti,) RD TT (a l.lii‘l act 47 o .-.) KR.,...--„,..._: „,.._ 3510-0 6 t.0 V (' Si 9 tL,;>.i 4,E-04 S2 () - Y•7 r7 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-45 Frank E. Wilcox (Clay Carlson, authorized agent) 4185 Weld County Road 2 Erie, Colorado 80516 DATE: August 20, 1986 TIME: 2:00 P.M. ISSUES: Whether or not there has been substantial change in the facts and circumstances regarding the application, or that there is newly discovered evidence for a Change of Zone which was denied by the Board of County Commissioners on July 23, 1986. LEGAL DESCRIPTION: Part of the Si SWL, Section 35, Township 1 North, Range 68 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: August 6, 1986 PUBLISHED: August 7, 1986, in the Johnstown Breeze PUBLISHER'S AFFIDAVIT STATE OF COLORADO, ( s. COUNTY OF Adams f Vi .June do solemnly swear that I am the Publisher of The--Brighton Blade that the same is a week y newspaper published in the City of Brighton NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance. a public hearing will beheld in the Chambers of the Board of County Commissioners of Weld County.' Colorado. Weld County Centennial Adams 915 10th Street. First Floor. County of Greeley,Colorado,at the time specified. All persons in any Tanner interested in the following maner are requested to at- tend and may heard. Should the applicant or any interested State of Colorado.and has a general circulation to make a record of the proceed- parry desire the presence of a court re- portertherein:that said newspaper has been published ings. in addiiton to the taped record continuously and uninterruptedly in said which will be kept during the hearing,the Clerk to the Board's Office can be con- tacted for a list of court reporters in the County of Adams area. If a court reporter Is obtained.the Clerk to the Board's Office shalt be ad- vised in writing of such action at least five days prior to the hearing.The cost of engaging a court reporter shall be borne for a period of more than 52 weeks prior to the by the requesting parry. BE IT ALSO KNOWN that the text and first publication of the annexed notice,that said maps so certified by the Weld County newspaper is entered in the post office at 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 Brighton 10th Street, Third Floor. Greeley, Colo- rado. DOCKET NO.86-45 ' APPLICANT Frank E. Wilcox. (Clay Carlson. authorized agent). 4185 Weld Colorado. as second class mail matter and that County Road 2,Erie.Colorado 80516 the said newspaper is a newspaper within-the DATE,August 20,1986 meaning of the act of the General Assembly of "TIME 2:00 P.M. ISSUES: Whether or not there has the State of Colorado.approved March 30.1923. been substantial change in the facts and and entitled"Legal Notices and Advertisements" circumstances regarding.ihe application and other acts relating to the printing and for a Change of Zone which was denied publishing of legal notices and advertisments, by the Board of County Commissioners on July 23. 1988. that the annexed notice was published in the LEGAL DESCRIPTION.Part of the 5'h regular and entire issues of said newspaper. SWN.. Section 35, Township 1 North, once each week, on the same day of each week Range 68 West of the 6th P.M.. Weld for the period of County,Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY.COLORADO BY:MARY ANN FEUERSTEIN .1 consecutive insertions: that the first COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY:Mary Reiff.Deputy publication of said newspaper dated Published in the Brighton Blade First Publication August 13. 1986 August 13 , 86 19 __and-the last publication of said notice was in the issue of said newspaper dated 19 ////.1 // /) ". ex I' n i- [/ Signatures d Iif2'H.- Subscribed andeworn to before me.a Notary Public this 13th day of August s 86 0-,n,r .-, , ,rTh Qom-4 , Notary PUbllc �._ t NOTICE AFFIDAVITOF PUBLICATION Pursuant to-the zoning laws of the State of Colorapdo and the a publichearingCounty �will be held in THE JOHNSTOWN BREEZE the Chambers of the Board of STATE OF COLORADO 1 County Commissioners of Weld 1 as County, Colorado, Weld County Centennial Center, 915 10th COUNTY OF WELD 1 Street Fleet Floor, Greeley, Colorado, at the time specified. I, Clyde Briggs, do solemnly swear that I All persons in any manner interested in the following matter am publisher of The Johnstown Breeze; are requested to attend and may that the same is a weekly newspaper be heard Should the applicant or any printed, in whole or in part, and published interested party desire the in the County of Weld, State of Colorado, presence of a court reporter to and has a general circulation therein; that make a record of the pro- ceedings,in addition to the taped said newspaper has been published record which will be kept during continuously and uninterruptedly in said thBoards office can b hearing, the le r k to -the contacted County of Weld for a period of more than for a list of-court reporters in the area If a court reporter is fifty-two consecutive weeks prior to the obtained,the Clerk to the Boards first publication of the annexed legal notice Office shall be at isedleast fie days writingof or advertisement; that said newspaper 1er has O such action at five I I prior to the hearing.The cost of been admitted to the United States mails as be borne by the requesting party.rty second-class matter under the provisions of BE IT ALSO KNOWN that the the Act of March 3, 1879, or any text and maps so certified by the amendments thereof, and that said Weld County Planning Commis- sion may be examined in the newspaper is a weekly newspaper duly qualified for publishing legal notices and oiticp of the Clerk to the Board Of County Commissioners, located advertisements within the meaning of the In the-Weld County Centennial laws of the State of Colorado. Center, 915 10th Street Third Floor, Greeley, Colorado. That the annexed legal notice or advertise- DOCKET NO. 86-45 ment was published in the regular and APPLICANT entire issue of every number of said weekly Frank E. Wilcox (Clay Carlson, newspaper for the period of ...].. consecu- authorized agent) five insertions; and that the first 4185 Weld County Road Erie, Colorado 80516 publication of said notice was in the issue of DATE: August 20, 1986 said newspaper dated a.' 7.., A.D. 1s.`;° and that the last publication of said notice TIME: 2:00 P.M. ' was in the issue of said newspaper dated ISSUES: Whether or not there , A.D. 19 has been substantial change In the facts and circumstances - In witness whereof I have herenr fo set regarding the application,or that there Is newly discovered my hand,fliis t/ day of .O d-2-e, evidence for a Change of Zone A.D. 19.l e., / which was denied by the Board of County Commissioners on July / 23, 1986. {� ‘;/y LEGAL DESCRIPTION: Part of j_ -the 51/2 SWS., Section 35, Town- / Publisher ship 1 North, Range 68 West of !/ the 6th P.M., Weld County, 4✓ Colorado BOARD OF COUNTY COMMISSIONERS Subscribed and sworn to before me, a WELD COUNTY, Notary Public in and for the County of COLORADO W d, State of Colorado, this ...f.._ day of BV.FEUERSTEINMARY ANN /i =• A.U. 19 yam.. COUNTY CLERK AND - RECORDER AND CLERK - -;"?e,>/' • TO THE BOARD // - ,y��— LG /J tf B Mary Rein, Deputy Notary Public. DATED:' August 6 1986 PUBLISHED: August 7, 1986,-in the Johnstown Breeze - - My commission expires My Commission E:.pces June 14, 1987 2 `ocih Parish-Avenue - Jr: ns:own, CD 80534 C8I1y CA/UG j 91986 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION J 26 .&t;ti�lcY rc RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO%RS Moved by Doug Graff that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: SCH-1:86:1 NAME: Frank E. Wilcox ADDRESS: 4185 Weld County Road 2, Erie, CO 80516 REQUEST: Substantial Change hearing LEGAL DESCRIPTION: Part of the Si SW} of Section 25, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie; north of Weld County Road 2, and east of 1-25. be recommended favorably to the Board of County Commissioners for the following reasons: It is the opinion of the Weld County Planning Commission that the applicant in his letter of July 31, 1986, has demonstrated that a substantial change in facts and circumstances has occurred. 1. The new land-use application will be different than the one previously submitted to the County. The proposed Planned Unit Development application will permit specific uses on the property as opposed to the variety of uses permitted in the C-3 (Commercial) zone district considered in the original application. Oil and gas development would be permitted in the Planned Unit Development Zone district. The original application request to a C-3 (Commercial) Zone district would not have allowed oil and gas development. 2. Applicable provisions of the law (Zoning Ordinance) have also changed. The proposed Planned Unit Development application will be reviewed under a different set of criteria than a change of zone from one specific zone district to another as in the original application. SC11-1:86:1 Frank Wilcox Page 2 Motion seconded by: Lynn Brown VOTE: For Passage Against Passage Lydia Dunbar Doug Graff Lynn Brown Louis Rademacher 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 August 19, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 19th day of August, 1986. <6o ,_, C.\o�A Bobbie Good Secretary August 19, 1986 CASE NUMBER: SCH-1:86: 1 NAME: Frank E. Wilcox ADDRESS: 4185 Weld County Road 2, Erie, CO 80516 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part of the Si SW} of Section 25, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie; north of Weld County Road 2, and east of I-25. THE DEPARTMENT OF PLANNING SERVICE STAFF RECOMMENDS THAT THE REQUEST BE APPROVED FOR THE FOLLOWING REASONS: It is the opinion of the Department of planning Services Staff that the applicant in his letter of July 31, 1986, has demonstrated that a substantial change in facts and circumstances has occurred. 1. The new land-use application will be different than the one previously submitted to the County. The proposed Planned Unit Development application will permit specific uses on the property as opposed to the variety of uses permitted in the C-3 (Commercial) zone district considered in the original application. Oil and gas development would be permitted in the Planned Unit Development Zone district. The original application request to a C-3 (Commercial) Zone district would not have allowed oil and gas development. 2. Applicable provisions of the law (Zoning Ordinance) have also changed. The proposed Planned Unit Development application will be reviewed under a different set of criteria than a change of zone from one specific zone district to another as in the original application. rr LAND-USE APPLICATION SUMMARY SHEET Date: August 12, 1986 CASE NUMBER: SCH-1:86: 1 NAME: Frank E. Wilcox ADDRESS: 4185 Weld County Road 2, Erie, CO 80516 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part Si SWi of Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 2, and east of I-25. SIZE OF PARCEL: 71.611 acres more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The applicant is requesting to submit a new application on this property. The original application (Z-429:86:4) requesting a change of zone from A (Agricultural) to C-3 (Commercial) was considered by the Planning Commission on July 15, 1986. The Board of County Commissioner considered and denied the application on July 23, 1986. The Planning Commission will consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission will forward a written recommendation of its findings to the Board of County Commissioners. Attached are copies of the applicant's letter requesting permission to file a new application; the Planning Commission's Resolution of Recommendation; excerpt of the July 15, 1986, Summary of the Planning Commission meeting; and maps of the original application showing the location of the property. o Efts IV E Dims 11990 Grant St.. Suite 100 if Denver, Colorado 80233 u � 1986 j; AUG , i 303 457-2966 1i198U' � i Commission `;: -Ler. co Weld Co.Planning July 31, 1986 Jacqulin Johnson Chairman of Weld County Commissioners Weld County, Department of Planning 915 10th Street Greeley, CO 80631 Re: Wilcox property; proposal to consider zone change from A to C - P.U.D. Dear Ms. Johnson, We again would like to petition the County for a change of zoning on 71.611 acres in the South 1/2 of the Southwest 1/4 of Section 35, Township 1 North, Range 68 West of the 6th P.M. for the following reasons: 1. The submittal will be substantially different than the original request from A to C-3. 2. The zoning will be a commercial P.U.D. which will identify specific uses allowed on the property, which uses shall be warehousing and oil and gas production. 3. The configuration of the development design will attempt to accommodate oil and gas development. 4. Rezoning the property is consistent with the current goals of the Weld County Comprehensive Plan for the following reasons : A. Commercial zoning of the property is consistent with the development trends within the area. Continued northward expansion of the Denver metropolitan area will be fueled by construction of E-470 one and one-half miles south of the property and relocation of Stapleton International Airport ten miles north of its current location. B. The project will have a positive impact upon Weld County revenues . C. Development of the project within the boundaries of current urban areas within Weld County is not possible for the following reasons : f r- y.;'. li Jacqulin Johnson l' July 31, 1986 Page 2 i . Transportation costs for the company require a location with access to 1-25 and south of Highway 52. ii. Severe undermining within Weld County in the Tri-Town and Erie areas prevent construction of the project at either location. iii . The large acreage required precludes use of most currently commercially zoned property. D. Utility services to the site can come by several options: i . Water: a. central Weld water for domestic and fire protection. b. well water for domestic uses. c. City of Northglenn for fire protection or a combination of both. ii. Sewer: a. private septic system. b. attach to the existing Northglenn treatment facility. E. Preliminary investigation of the soils indicate that soils are consistent with the metro area and should not hamper any prudent development. F. The property has adequate access and highway facilities for the proposed zoning. Weld County Road #2 is the south boundary and the frontage road on Interstate I-25 is the west boundary. G. The property is not located in an area with developable sand, gravel, or other mineral resources . H. The property is not located in a flood plain, geological hazard area, or Weld County Airport overlay district area. Although the County has looked at this previously, because of substantial changes, we would respectfully request the opportunity to resubmit and consider a commercial P.U.D. The applicant agrees to pay for the legal advertising costs associated with the notice for public hearing. Sincerely, o n,,\ 1 LAND-USE APPLICATION SUMMARY SHEET Date: August 12, 1986 CASE NUMBER: SCH-1:86: 1 NAME: Frank E. Wilcox ADDRESS: 4185 Weld County Road 2, Erie, CO 80516 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: Part Si SWi of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 2, and east of I-25. SIZE OF PARCEL: 71.611 acres more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The applicant is requesting to submit a new application on this property. The original application (Z-429:86:4) requesting a change of zone from A (Agricultural) to C-3 (Commercial) was considered by the Plan ing and Commission on July 15, 1986. The Board of County Commissioner the application on July 23, 1986. The Planning Commission will consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission will forward a written recommendation of its findings to the Board of County Commissioners. Attached are copies of the applicant's letter requesting permission to file a new application; the Planning Commission's Resolution of Recommendation; excerpt of the July 15, 1986, Summary of the Planning Commission meeting; and maps of the original application showing the location of the property. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Harlan Else 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-429:86:4 NAME: Frank Wilcox ADDRESS: 4185 Weld County Road 2, Brighton, CO 80601 REQUEST: Change of Zone from A (Agricultural) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the Si SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of the Town of Erie; north of State Highway 7 and east of I-25 be recommended unfavorably to the Board of County Commissioners for the following reasons: Section 21.5 of the Weld County Zoning Ordinance states that in order for a rezoning request to be approved, one of the following circumstances must be present: 1. The proposal is consistent with the Weld County Comprehensive Plan. 2. The present zoning is faulty. 3. Changing conditions in the area warrant a change of zone. The applicant has not demonstrated in the submitted application materials that the proposal is consistent with the Weld County Comprehensive Plan. As stated on page 61 of the Comprehensive Plan, "Commercial development should be restricted to the incorporated areas of municipalities unless necessary to provide absolutely essential highway services. . .location of commercial use outside of existing municipalities -.ww will encourage dispersed growth and will be of little aide to the economic well-being of the municipalities." The application materials describe a 71.6 acre agricultural parcel which is three miles from an incorporated area and not located within a future town growth area, according to the Weld County Future Land-Use Map. Z-429:86:4 Frank Wilcox July 15, 1986 Page 2 The site is presently used, in part, for crop production. A letter from the West Adams Soil Conservation District dated July 3, 1986, reveals that the soil on the parcel is classified as prime farmland. The County Comprehensive Plan specifically encourages the preservation of prime farmland. Commercial Policy #1 of the Weld County Comprehensive Plan states: Commercial development will not be encouraged in the unincorporated areas of the County unless it can be shown by the developer that the proposed commercial use cannot reasonably be located in an urban area. Because the application materials do not offer information regarding the prospective commercial activity to be located on the subject parcel, the proposal is not in conformance with Commercial Policy #1. Commercial Policy #4 of the County Comprehensive Plan states: Detailed development plans will be needed, along with an economic impact statement and an environmental impact statement prepared by recognized experts, for development outside the municipal areas to be considered by the Weld County officials. 9101'COK_ Mr. Wilcox is requesting rezoning of a 71.6 farm parcel from A (Agricultural) to C-3 (Commercial) . Mr. eisFamon, however, is unable to fulfill the requirements of -Commercial Policy #4, as there is no commercial land-use plan for the parcel. The granting of this request may very well result in the creation of a large, vacant, commercially-zoned area that is uneconomical to develop due to the lack of existing services � ++R to the site. The submitted application materials do not demonstrate that the present zoning on the property under consideration is faulty or that conditions in the area warrant a change of zone to C-3 (Commercial) . Z-429:86:4 Frank Wilcox July 15, 1986 Page 3 The subject site is rural in nature and of adequate size to be considered an economical farm unit. A rural residence is located on the property. The parcel is surrounded by agricultural zoning and agricultural uses. The granting of this proposal, in the staff's opinion, would create "spot zoning" and a situation of conflict whereby urban-type uses are allowed to encroach on an agricultural area. The applicant has not demonstrated, in the submitted application materials, that the proposed rezoning will be compatible with surrounding land-uses. The surrounding neighborhood is characterized by rural land-uses and large parcels. Two residences were observed within one-quarter mile of the property; these are located to the north and east of the site under consideration. Adams County is directly south; agricultural land exists here as well as a KOA Campground, which is situated along State Highway 7. Interstate 25 Frontage Road borders the subject property on the west. To the immediate west of Interstate 25, a livestock raising farm is in operation. It is the staff's opinion that the activity created by a 71.6 acre commercial operation is not compatible with the neighborhood's nonintensive agricultural land-uses. Soil conditions on the site present severe limitations for the construction of buildings and septic tank absorption fields, according to the West Adams Soil Conservation District. The applicant has not demonstrated, in written or oral statements to date, how such limitations can be overcome. In summary, it is the staff's opinion that the proposed change of zone cannot be justified, according to the above-stated criteria for review and approval contained in the Weld County Zoning Ordinance and the Weld County Comprehensive Plan. The appropriate location for a 71.6 acre commercial parcel is within or adjacent to an existing municipality. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request and responses of referral entities which have reviewed the request. • Z-429:86:4 • Frank Wilcox Page 4 Motion seconded by Ann Garrison. Vote: For Passage Against Passage Ann Garrison Louis Rademacher Harlan , Else Lynn Brown Lydia Dunbar 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 July 15, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 16th day\ of July, 1986. Bobbie Good \ Secretary EXCERPT OF THE JULY 15, '86 SUMMARY OF THE WELD COUNTY - INNING COMMISSION MEETING CASE NUMBER: Z-429:86:4 APPLICANT: Frank Wilcox REQUEST: Change of Zone from A <Agricultural) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the Si SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie; north of Weld County Road 2 and east of 1-25 Tape 245 - Side 2 APPEARANCE: Scott Carlson represented the applicant. He reported Mr. Wilcox, who is in his eighties, still lives on this property and farms the land himself. After reading the staff's comments which are recommending denial, he feels that the main reason this property should be rezoned is there are already some commercial entities looking at this site. This property is the first interchange in Weld County, north of I-25 out of Denver and I-25 and Highway 7 intersect here. Changes to this area are almost daily and inevitable. Clay Carlson stated this is not a good residential site because it borders on two major highways, and they are asking that their plan be judged according to the plans of good zoning. Lee Morrison explained changes in ownership, etc., cannot be considered by the Planning Commission. Changed conditions to an area are interpreted to mean physical changes. The Chairman asked Gloria Dunn to read the recommendation of the Department of the Department of Planning Services staff into the record. The Chairman called for discussion from the members of the audience. There was none. Tape 246 - Side 1 MOTION: Harlan Else moved Case Number Z-429:86:4 for Frank Wilcox for a Change of Zone from Agricultural to Commercial-Three be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial based upon the recommendation of the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Ann Garrison. 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; Louis Rademacher - no; Harlan Else - yes; Lynn Brown - yes; Lydia Dunbar - yes; Paulette Weaver - yes; Jack Holman - Yes, because it does not conform to the existing Comprehensive Plan. The Chairman called at recess at 3:03 p.m. The meeting was again called to order by the Chairman, Jack Holman, at 3:08 p.m. ens. .. �-;ry T3 44. • ao . .. 4 2 1 p•p' '� p 4�F �•C c. �, �T'C 1 0 �Er itt gy /N. . k • ..�' ., d :% `l • ' ••_ J 'Al ? `. °i. .. a� �. 1. :17 0. `I. d G G • v r - 3i •t g • i w h F [ . •� 4 . N r. . • /V QI • �'• 0 • •�a� rruau5z 1 G iii. • f •=0•,..1 __-__—" 7 6 , 1 —V'' 'p • .t ' �`�9' '°i ▪ I C • 1' • T 3N. gl GI 1 •1, . 9:., . t 5 • . 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L cm ��n o . pp i EagIM1 n� VI - 1�1 D 5145- _ +BM _.Y1 j _ Li Ln of in�� J2 ,� / 1� C— — _ — r- 22 �3 i vso � -_ e;� u_ tai ; / I � �1 , �, V �� 5,35 ... -shin ton Mine _ /� �� `lib + View oo � - _ 1 k _ _ k -'' %:. 5/54i • 27 26 v �2 o h I h 0 c k \\* _ N I siso __ - ii Levee _ - 34, 35 '� — �. � 3�i � _s j ,87 \ k 1 l (..., 39 eVB N eNA N ; , : 29 .. ^ 1r4 7c1,',,' 4 „� Y of W s4 'ixfg h z 1, ADAM QOU PJ �" K x , '.. 6 n x `t ..fy� pct . y lietitam • ma August412- 18, 1986 Ms. Debbie DeBesche Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Weld County Referral : Substantial Change Hearing on the Rezoning of 71.6 Acres at 1-25 and Baseline Road, Frank G. Wilcox Property Dear Ms. DeBesche: The City of Thornton has received a copy of a Substantial Change Hearing on a request for rezoning made to Weld County and referred to the City of Thornton by the Adams County Planning Department for our comments on the Substantial Change Hearing. The original request to rezone 71 .611 acres located at the northeasterly corner of 1-25 and Baseline Road (Route No. 2) from the "A" (Agriculture) zoning district to the Weld County "C-3" zoning district. No development plans were forwarded to this office with the rezoning materials. The Substantial Change Hearing is to present new information not presented at the original hearing and to propose a commercial Planned Unit Development (PUD) for warehouse and gas and oil production. The warehouse use is heavily dependent on truck traffic. The original rezoning request from "A" (Agriculture) to the Weld County "C-3" zoning district was dented by the Weld County Board of County Commissioners on July 23, 1986. The three concerns that were forwarded by the City of Thornton on the original rezoning request still apply to the request for a commercial Planned Unit Development (PUD). Their concerns were: 1. This request appears to be extremely premature. It is not anticipated that the subject property will be urbanized until after the year 2010, based upon anticipated growth and development within the I-25 corridor in northern Adams County. This date is based upon Ms. Debbie DeBesche August 18, 1986 Page 2 the predicated E-470 right-of-way alignment and development, a relocated metropolitan Denver international airport and continued urbanization within the I-25 highway corridor. 2. The ability of the City of Northglenn to provide both water and sewer service to the subject property is contingent upon the approval of an amendment to the existing 208 Plan mandated by the Clean Water Act to establish service in the area including the subject property. That amendment has not been undertaken by DRCOG and is anticipated to be a minimum of two years to complete. The outcome of the 208 amendment will be a determination of which agency, if any, will provide water and sewer service to the subject property. 3. Until such time as the subject property and surrounding area is ready for development, commercial rezoning and suburban and urban development should only take place within existing highway commercial centers or in cities adjacent to the 1-25 right—of—way. In addition to the above Items, consideration should be given to the following concerns; 4. A large-scale employer utilizing a warehouse facility at this location will generate twice-a-day passenger vehicle traffic for each work shift to and from the site, primarily employees computing from the Denver metro area. There is not adequate housing stock in the area to provide for any influx of new employment base on a large scale. 5. A significantly higher volume of truck and passenger vehicle traffic could warrant changes in traffic control measures on Weld County Road No. 2 including signalization. Other significant changes could be an increase in police and fire protection requirements, and substantial roadway improvements beyond the confines and immediate frontage of the subject property. All of these concerns lead back to our original issue, the premature nature of any urban development at this location. The existing land use and surrounding land uses are rural/agricultural and could anticipate remaining as such for a period of 20 to 25 years. Thank you for the opportunity to comment on this Significant Change Hearing. We hope that these comments can be included in your report and presentation to the Weld County Board of County Commissioners. Ms. Debbie DeBesche August 18, 1986 Page 3 If you have any questions concerning this matter or if we can provide any additional information, please contact this office at (303) 538-7295. Very truly yours, Ronald Hovland, Planner II Plans Implementation Division Community Services Department /gc cc: Anne Bockenkamp, Adams County Planning Department Members of the Thornton Planning Commission Arthur E. Pizzano, Deputy City Manager Christopher Burkhardt, Chief of Plans Implementation Froda Greenberg, Planner II Martin Landers, Utilities Coordinator File o ECEXVE AUG 191986 Weld Co. Planning Commission STATE OF COLORADO DIVISION OF HIGHWAYS r 7N P.O. Box 850 .-`.'a . Greeley, Colorado 80632-0850 I'k (303)353-1232 N,F Of COLOp Weld Co.-I-25 August 18, 1986 Wilcox Zone Change N.E. Corner I-25 & S.H. 7 Ms. Debbie de Besche DOH FILE: 45100 Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Ms. de Besche: We have reviewed the application from Frank Wilcox for a "Substantial Change Hearing", and we refer you to the comments in our July 11 , 1986, letter on the previously requested zone change. As a result of those comments we were contacted by potential developers of this property to discuss our comments. At this time we are in the process of coordinating with these representatives and county engineering staff on access and frontage road issues. The major concern is the potential impact of a future relocation of the Interstate 25 frontage road. This relates to our request for protection of a 200-foot witde strip, along the west boundary of this property. We will inform you of any decisions which affect our original comments. Thank you for the opportunity to review this matter. Please contact Wally Jacobson if you have any questions. Very truly yours, ALBERT CHOTVACS District Engineer 0 K. C IER '-4lanning/Environmental Manager WJ:lpb cc: D. Yost D �51c'7E Area Foreman File: Crier-Jacobson via Chotvacs 5 1986 Wald Lb. Planing Gumussaa DEPART" ENT OF PLANNING SERVICES (ft" PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 "1a3. IDc COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a Substantial Change Hearing on August 19, 1986, at 1:30 p.m. to review a request from Frank E. Wilcox for permission to submit a land-use application for property previously denied by the Board of County Commissioners. The Planning Commission will consider whether the petitioner�yj'h��as demonstrated that a substantial change in the facts or circumstances -h occurred subsequent to the Board of County Commissioner's decision or that there was newly discovered evidence that the petitioner could not have discovered with diligent effort at the time _a& the original land-use application was considered. The parcel of land is described as part Si SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately 3 miles east of Erie, north of Weld County Road 2, and past of I-25. 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 August 19, 1986. Copies of the materials 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 August 7, 1986 Received by: Date: DATE: August 6 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 20th day of August, 1986 , at 2 : 00 P.M. Docket No. 86-45 - To determine whether or not there has been substantial change in the application of Frank Wilcox (Clay Carlson, authorized agent) for a Change of Zone OFFICE OF THE C,LERJ(/TO THE BOARD BY: /�!Cj/. / 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 11990 Grant St., Suite 100x ~r Denver, Colorado 80233 303/457-2966 I AUG 1;1986 GFREE,LkY' CfJ"I:C,s.-:. July 31, 1986 • Jacqulin Johnson Chairman of Weld County Commissioners Weld County, Department of Planning 915 10th Street Greeley, CO 80631 Re: Wilcox property; proposal to consider zone change from A to C - P.U.D. Dear Ms. Johnson, We again would like to petition the County for a change of zoning on 71 .611 acres in the South 1/2 of the Southwest 1/4 of Section 35, Township 1 North, Range 68 West of the 6th P.M. for the following reasons : 1 . The submittal will be substantially different than the original request from A to C-3. 2 . The zoning will be a commercial P.U.D. which will identify specific uses allowed on the property, which uses shall be warehousing and oil and gas production. 3 . The configuration of the development design will attempt to accommodate oil and gas development. 4. Rezoning the property is consistent with the current goals of the Weld County Comprehensive Plan for the following reasons : A. Commercial zoning of the property is consistent with the development trends within the area. Continued northward expansion of the Denver metropolitan area will be fueled by construction of E-470 one and one-half miles south of the property and relocation of Stapleton International Airport ten miles north of its current location . B. The project will have a positive impact upon Weld County revenues . C. Development of the project within the boundaries of current urban areas within Weld County is not possible for the following reasons : Jacqulin Johns.._. July 31 , 1986 Page 2 i . Transportation costs for the company require a location with access to I-25 and south of Highway 52. ii. Severe undermining within Weld County in the Tri-Town and Erie areas prevent construction of the project at either location. iii . The large acreage required precludes use of most currently commercially zoned property. D. Utility services to the site can come by several options : i. Water: a. central Weld water for domestic and fire protection. b. well water for domestic uses . c. City of Northglenn for fire protection or a combination of both. ii. Sewer: a. private septic system. b. attach to the existing Northglenn treatment facility. E. Preliminary investigation of the soils indicate that soils are consistent with the metro area and should not hamper any prudent development. F. The property has adequate access and highway facilities for the proposed zoning. Weld County Road #2 is the south boundary and the frontage road on Interstate I-25 is the west boundary. G. The property is not located in an area with developable sand, gravel, or other mineral resources . H. The property is not located in a flood plain, geological hazard area, or Weld County Airport overlay district area . Although the County has looked at this previously, because of substantial changes, we would respectfully request the opportunity to resubmit and consider a commercial P.U.D. The applicant agrees to pay for the legal advertising costs associated with the notice for public hearing. Sincerely, August 1 - Substantial change hearing letter submittal - Publish on August 7. August 13 - suest preadvertisement for September 24 Board of County Commissioners' hearing - Publiab on August 21 August 18 - PUD Sketch Plan, District, and Plan submittals (3 separate applications) August 19 - Planning Commission Substantial Change hearing. August 20 - Board of County Commissioner's Substantial Change hearing. September 11 - Utility Coordinating Advisory Committee September 16 - Planning Commission Hearing (PUD District and Plan) September 24 - Board of County Commissioner's Hearing (PUD District and P an Site Plan Review approval required before building permit issuance. Hello