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HomeMy WebLinkAbout890591.tiff RESOLUTION RE: GRANT REQUEST OF ELDRED M. JOHNSON TO PREADVERTISE CHANGE OF ZONE 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, Eldred M. Johnson has submitted a letter to the Board of County Commissioners requesting that a Change of Zone application be preadvertised , and WHEREAS, a copy of said letter of request is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it appropriate to grant said request to preadvertise this matter and set the hearing for August 2, 1989 , at 10 : 00 A.M. . NOW, THEREFORE, RE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request submitted by Eldred M. Johnson to preadvertise his application for a Change of Zone be, and hereby is, granted . RE IT FURTHER RESOLVED by the Board that said hearing shall be August 2 , 1989 , at 10 : 00 A.M. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A .D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: cil,,b WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Board C.W. Kirby, Ch irman r--- B � TY��12 c�zi J!,,c ' ne J nson, Pro-Tem eputy County C erk APPR VED TO FORM: . Brantner George Ke y County Attorney Gopd . Lac 73601/77 2 i / 890591 NARRATIVE IN SUPPORT OF PROPOSED ZONE CHANGE FROM I-1 (Industrial) TO A (Agricultural) ZONING DISTRICT SUBMITTED BY ELDRED M. JOHNSON The property which is the subject matter of this zoning request has always been and still is used for farming. At the request of the City of Greeley in 1976, the property was re-zoned to I-1 (Industrial) to allow the City to develop a land fill on the south portion of the property. The land fill was never developed and the use of the property remained agricultural. The Weld County Comprehensive Plan and Zoning Ordinance indicate that it is Weld County's policy to retain land in the A (Agricultural) zone -unless there is some overriding need which would require a change to a more specific or intense use. This request would return the subject property to the less intense agricultural zone and allow the City of Greeley and Weld County to re-zone the property to a more intensive use if such a need arose. As mentioned above, the property is currently used for agricultural purposes. All of the adjacent properties are also used for agricultural purposes. There are no non-agricultural uses contiguous to the subject property. If needed in the future, the City of Greeley water and sewer are available. There is also adequate irrigation water available with the subject property for the current uses. The current owner has twelve (12) shares of Greeley Irrigation (NO. THREE DITCH) shares which provide two hundred seventy-six (276) acre feet of irrigation water. According to the general soil map of Weld County, Colorado, provided as part of the Weld County Comprehensive Plan, the soils located on the subject property are ascalon-olvey-vona (173) and Flavaquents-Fluvents (18) , both of which are now and have been in the past, adequate for agricultural uses as such uses are set forth in the Weld County Zoning Ordinance. The subject property is served by 28th Street, which is a black top service road on the South side of U.S. Highway 34 . For the agricultural uses currently located on the property and contemplated for the future, this road access is adequate. 890591 The subject property is underlaid with sand and gravel in the South portion, which may be mined at some point in the future. There are no current plans for extracting sand or gravel. The subject property falls within two of the Chapter 50 Overlay Districts of the Weld County Zoning Ordinance. A portion of the property is within the flood plane as defined in the Weld County Zoning Ordinance, but the proposed agricultural use by its very nature is an appropriate use within a flood plane. Any construction on the portion of the property within the Overlay District will have to meet the requirements of Paragraph 53 . 6 of the Weld County Zoning Ordinance, if such construction is proposed within the Flood Hazard Overlay District. The property is also within the Airport Overlay area. No agricultural use within the Uses By Right as defined in the Weld County Zoning Ordinance or current agricultural use in place on the subject property will conflict with the Section 51. 1, et seq. , requirements. Finally, the property is owned by the Applicant Eldred M. Johnson, who is the surviving joint tenant of the joint tenancy between Eldred M. Johnson and Marjorie M. Johnson. A copy of the Deed is attached hereto. All mineral interests on the property are owned by Applicant Eldred M. Johnson, with leases to Amoco Oil Company, Tulsa, Oklahoma; Basin Exploration Company, Fort Collins, Colorado; and Pike Oil Company, of Denver, Colorado. Respectfully submitted this 6th day of July , 1989 . Eldred M. Johnso 2313 - 8th Stree Greeley, Colorado 80631 I am willing to pay the costs associated with the preadvertising of this matter. // Eldred M. Johnsb real estate/johnson.nar 890691 Hello