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AR21&2277
RESOLUTION
RE: GRANT CHANGE OF ZONE FROM C-2 (GENERAL COMMERCIAL) TO C-3
Ni O (COMMERCIAL) FOR ROBERT L. AND PRISCILLA JOHNSON
oU
WHEREAS, the Board of County Commissioners of Weld County,
rip
• Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter , is vested with the authority of administering the
a affairs of Weld County, Colorado, and
O ral
03
WHEREAS , a public hearing was held on the 26th day of
v-V February, 1986 , at 2: 00 p.m. for the purpose of hearing the
r4• application of Robert L. and Priscilla Johnson, 2535 East Highway
o 34, Greeley, Colorado 80631 , requesting a Change of Zone from C-2
w (General Commercial) to C-3 (Commercial) for a parcel of land
o located on the following described real estate , to-wit:
x Part of Lots 1 and 2 , NEa SE4 , Section 15 ,
Township 5 North, Range 65 West of the 6th
a P.M. , Weld County, Colorado
CO C.)
H H WHEREAS, Section 21. 6. 2 of the Weld County Zoning Ordinance
provides standards for review of such a Change of Zone , and
LO
0m
WHEREAS, the Board of County Commissioners heard all the
testimony and statements of those present, has studied the request
cc• mv of the applicant and the recommendations of the Weld County
CO Z Planning Commission and, -having been fully informed, finds that
ro z this request shall be approved for the following reasons:
1. The applicant has complied with all the application
o
a requirements listed in Section 21 . 7 et seq. , of the Weld
County Zoning Ordinance.
nop
M N
N d 2 . The request is in conformance with Section 21 . 6 of the
Weld County Zoning Ordinance as follows:
cow
a. The re-classification of the property from C
(Commercial) to C-2 (Commercial-Two) , which
occurred in 1981 , may have been faulty.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application of
Robert L. and Priscilla Johnson for a Change of Zone from C-2
(General Commerial) to C-3 (Commercial) on the above referenced
parcel of land be, and hereby is , granted.
880230
/ Y I
P-age 2
RE: CO2 - JOHNSON
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
February, A.D. , 1986.
N
o U
`1y� /j �7 � BOARD OF COUNTY COMMISSIONERS
ATTEST:/' In )
(NIO M WELD COUNTY, COLORADO
U
Weld County Clerk and Recorder (NAY)
and Clerk to the Board J.-cque��; e� : son, Chairman
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(AYE)
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- Go , a , o-Tem
ao eputY Cotirty erk /y /
(AYE)
APPROVED AS TO. {Ft:
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APPROVED = e Br- tner
Hx .f • b:712--- c (AYE)
C.W. • by
O County Attorney y �+ ,S "r"�)
N Z Frank Yamagu i
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860230
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HEARING CERTIFICATION
DOCKET NO. 86-6
RE: CHANGE OF ZONE FROM C-2 (GENERAL COMMERCIAL) TO C-3 (COMMERCIAL) -
ROBERT L. AND PRISCILLA JOHNSON
A public hearing was conducted on February 26, 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, Gloria V. Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated January 20, 1986, and
duly published January 23, 1986, -in the Johnstown Breeze, a public
hearing was conducted to consider the request of Robert L. and
Priscilla Johnson for a Change of Zone from C-2 (General Commercial) to
C-3 (Commercial) . Lee Morrison, Assistant County Attorney, made this
matter of record. Gloria Dunn, representing the Planning Department,
stated that the Planning Commission forwarded this matter to the Board
of County Commissioners without recommendation, with the Planning staff
having recommended denial of this request. Robert L. Johnson, one of
the applicants, came forward and presented information to the Board.
He stated that other parcels in the _area are zoned C-3. Ms. Dunn
outlined the uses which would be allowed under C-2 zoning and C-3
zoning. She also commented on the fact that screening is required
between C-3 zoning and R-1 zoning. Harold Moore, a realtor, came
forward and presented the Board with a map (Exhibit G) showing the
areas along Highway 34 in the City of Greeley-which are zoned C-3. _Ms.
Dunn gave a history of the _zoning of the property. After discussion,
Commissioner Lacy moved to grant the Change of Zone from C-1 to C-3,
stating that the reclassification to C-2 zoning, done in 1981 , may have
been faulty. The motion wasseconded by Commissioner Brantner. After
discussion, the motion carried 3-2 on a roll call vote, with
Commissioners Lacy, Brantner and Kirby voting aye and Commissioner
Yamaguchi and Chairman Johnson voting nay.
This Certification was approved on the 3rd day of March, 1986.
APPROVED:
4.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Q.t7, aw.4e tint'"/..,., WELD COUNTY, COLORADO
(/
Weld County Clerk and Recorder
and Clerk to the Boay3 Jacque'Z ne 'n Cha man
eputy County Cl rk Goe `V'•4 a , P'o-
ens R. Brantner
/I.c-G
Frank Yamaguch
.--/".r___
TAPE #86-13
DOCKET #86-6
PL0015
/
ATTENDANCE RECORD
TODAY'S HEARINGS ARE AS FOLLOWS: FEBRUARY 26, 1986
DOCKET #83-93 SHOW CAUSE, STAN RECH DBA 31 DISPOSAL
DOCKET #86-6 COZ, C-2 to C-3 - ROBERT L. & PRISCILLA JOHNSON
DOCKET #86-7 SHOW CAUSE, BERNARD & CHERYL HODGLAND
DOCKET #8b-13 AMEND USR, EXPANSION OF GAS PROCESSING FACILITY-VESSELS OIL & GAS COMPANY
DOCKET #85-83 SHOW CAUSE, V-ESSELS OIL & GAS COMPANY
PLEASE write or print legibly your name, address and the DOC # - (as . listed
above) or the applicants name of the hearing you are attending.
ADDRESS HEARING ATTENDING
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CS;4y23,
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner -interested in the 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 ALSD 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. 86-6 Robert L. and Priscilla Johnson
2535 East Highway 34
Greeley, Colorado 80631
DATE: February 26, 1986
TIME: 2:00 P.M.
REQUEST: Change of Zone from C-2 (general commercial) to C-3 (commercial)
LEGAL DESCRIPTION: Part of Lots 1 and 2, NE} SE}, Section 15, 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: January 20, 1986
PUBLISHED: January 23, 1986, in the Johnstown Breeze
?Loci) IC
DATE: January 20 , 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 26th day of February , 1986 , at 2 : 00 P.M.
Dock-et No. 86-6 - COZ from C-2 (general commercial) to C-3
(commercial) , Robert L. and Priscilla Johnson
OFFICE OF THE C RK TO THE BOARD
BY: a 2 ?ny 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
,eige00.-//
PL oo t r
1 -TT T T
NOTICE AFFIDAVIT OF PUBLICATION
Pursuant to the zoning laws of
the State of Colorado and:the THEJOHNSTOWN BREEZE
Weld County Zoning Ordinance,
thepuCb°ambersngof�meb°Seaard`or STATE OF COLORADO 1
County Commissioners of Weld I 55
County, Colorado, Wdld County COUNTY OF WELD
Centennial Center, 915 / 10th
Street, First Floor, . Greeley. I, Clyde [lriggs, do solemnly swear that I
Colorado,-at the time specified.
All persons in any manner am publisher of The .Johnstown Breeze,
interested in the following pro-
posed that the same is a weekly newspaper
rueesteddhtoatte d and mayabe printed, in whole or in part, and published
heard.
Should the applicant or any in the County of Weld, State of Colorado,
interested party desire the and has a general circulation therein; that
presence of a court reporter to said newspaper has been published
make a record. of the pro-
ceedings,M addition to the taped continuously and uninterruptedly in said
record which will be kept during
the hearing, the Clerk to the County of Weld for a period of more than
Board
Boards Office can be contacted fifty-two consecutive weeks prior to the
for a list of c coo on reporters
eporters in the first publication of the annexed legal notice
obte obtained,the court to reporter
e BoarC s or advertisement; that said newspaper has
Office shall be advised in writing been admitted to the United States mails as
of such action at least five days
prior to the hearing. The cost-of second-class matter under the provisions of
engaging a court reporter shall the Act Uf March 3, 1879, or ally
be borne by-the requesting party.
amendments thereof, and that Said
BE IT ALSO KNOWN that the is a weekly newspaper x•r duly
text and maps so certified by the newspaper I
Weld County Planning Commis- qualified for publishing legal notices and
aion may be examined in the
office of the Clerk to the Board of advertisements within the meaning of the
County Commissioners, located laws of the State of Colorado.
Cents,Weld 110thtyStrre Centennial• That the annexed legal notice-or adcertise-
Floor, Greeley, -Colorado. That
was published in the regular and
DOCKET NO. 86-8 entire issue of every number of said weekly
APPLICANT . newspaper for the period of / consecu-
Robert L. and Priscilla live insertions; and that the first
• Johnson,
2535 East Highway 34 publication of said not ire was in the issuo.UL-
Greeley, Colorado 80831
said newspaper dated /-23 A.D.se&
DATE: February 28, 1988 and that the last publication of said notice
TIME: 2:00 P.M. was in the issue of said newspaper dated
REQUEST:Change of Zone from A.D. 19
C-2 (general_commercial) to C-3 In witness whereof I have hereunto set
(commercial) my hand_this 2 7 (lay ()17 7..1 ,
LEGAL DESCRIOTION: Part of A.U. 1!I.g�
15,Lots 1 and 2,5 North Range ection �
Wet Township 5 North M, 65
West , the Om {'.M, Weld
County, Colorado /�
BOARD
COMM SSIONE S /' Publisher
WELD COUNTY,
COLORADO
• BY: MARY ANN Subscribed and sworn to before me, a
FEUERSTEIN
COUNTY.CLERK AND Notary Public in and for the County of
• RECORDER.AND CLERK eld, State of Colorado, this ‘2,1 day of
TO.THE BOARD. ..l....
BY Mary Reiff, Deputy / A.D. rad
DATED: January 20, 1986 v//, //�
PUBLISHED: January 23, 1986, ir.P,.. > .9f' J7tou:
in the Johnstown Breeze Nalar} I'u41ic
My commission expires
..,•', f xalros June 14, 1981
=u.. h J' r,5:^ Avenot,
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, _ Millette S. Clarkson of
said County of Weld, being duly sworn, say that I am
an advertising 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
�'- w cans we'im (days) Qom; that the notice was published in the
a ► weeso regular and entire issue of every number of said
m6e¢ art,. aa,fl '• s^eet• La newspaper during the period and time of publication of
toorar '* poed ad.AII persons In WY
se r—r-eedenenwalzaneer°r°- said notice, and in the newspaper proper and not in a
ner i sts*0 tY� behard.
S A+ Hu„t,r r past rty ell,e;�I.Ip`° supplement thereof; that the first publication of said
a Man r eard; t be kart SODS the hear por Clae
• theBordeOfH' aa RjRGx eeh nee CM-
the notice was contained in the issue of said newspaper
eree..ORCeatre0 en 1chs lewd bearing date
M „DadaMdlhs�rMNM e�weassort at five
try
OonN
the Marled:lit Coat a atatiO 9acoYN r.parter -
ther� etleppeNaY- i, qM non gmmem eo certRied yeshe Twelfth
BE n•RUSOH dr ybataya0n°dint tt
C.s„pplplms bs exer/IIMdIn iM etNu Pt
Iavli,,,,B +B,,,ttan Stmt.flint Pleer,° 1°Y' day of February A.D. 19 :.
IaadO. ,el- IN" - APPLICANT and the last publication thereof; in the issue of s•'
CKETNO.eei '. ',hart land Prixills Johnsonnewspaper bearing date the
♦, 9TWv H10M+ Y
-34 OraeNY�GWaedp;B0e91
TE February 26, Twelfth e"
(t'{���eBME 9.00 P.M. 4.
(hae„,Couch. ,,n{9(geynWrel cemmaoiell to[4 A.D. 19�i_,
UEO DhroSNIA q;,,r..w tntiManP.M.,WedCall,
day of FPhriir�ry
�,{/�Ithat said The Greeley Daily Tribune and The Greeley
TownsColorado BOARD OF COUNTY COMMIBSIDNERB
Wa,D.cDunrY,coLDRADD Republican, has -been published continuously and
EVERSTEIN
` .v' , COUNTYCLERK AND RECORDER uninterruptedly during the period of at least six
' ANDCLERK TO THE BOARD elp;trittir months next prior to the first issue thereof contained
" said notice or advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
February 12,1986
Total Charge: $26.24
Advertising Clerk
Subscribed and sworn to before me this
day of _ February A.D. 19_86_
;c/o mis �fl'L'?T
fission gxpi es-J . 14, 199u
f i L/ /AC1( ccze/U
Notar Public
TI IT
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the 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. 86-6 Robert L. and Priscilla Johnson
2535 East Highway 34
Greeley, Colorado 80631
DATE: February 26, 1986
TIME: 2:00 P.M.
REQUEST: Change of Zone from C-2 (general commercial) to C-3 (commercial)
LEGAL DESCRIPTION: Part of Lots 1 and 2, NE} SEl , Section 15, 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: January 20, 1986
PUBLISHED: January 23, 1986, in the Johnstown Breeze
060239
.CXN/Fti7
ptettic.
.,
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303)356-4000, EXT. 4200
P.O. BOX 758
Re GREELEY COLORADO 80637 Il
COLORADO ` ' ' ' - -,r
January 15, 1986 JAN 1 71986
itis
Robert L. and Priscilla Johnson c -r
2535 East Highway 34
Greeley, CO 80631
Dear Robert and Priscilla Johnson:
Your application for a Change of Zone from C-2 (general commercial) to C-3
(commercial) has been forwarded to the Board of County Commissioners without
recommendation by the Planning Commission. The legal description of the
property involved is shown as Part of Lots 1 and 2, NE} SE}, Section 15,
Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will be
necessary for you to indicate your request by signing the bottom of this
letter and returning it to this office. Regular hearing procedures will
then he followed. This includes publishing a Notice of Hearing in the legal
newspaper, an expense to be paid by you.
In order to proceed as quickly as possible, we must receive your reply by
January 31, 1986. If we are not in receipt of your request by that date,
the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(:).°"4: -1?3\\\Mel7r---
CHAIRMAN
I wish to have a hearing on this matter brought before the Board of County
Commissioners. I agree to pay for the legal advertising expense.
e
....„
// 2/8
fi
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303)356-4000, EXT. 4200
„, I P.O. BOX 758
GREELEY,COLORADO 80632
le 4
COLORADO
January 15, 1986
Robert L. and Priscilla Johnson
2535 East Highway 34
Greeley, CO 80631
Dear Robert and Priscilla Johnson:
Your application for a Change of Zone from C-2 (general commercial) to C-3
(commercial) has been forwarded to the Board of County Commissioners without
recommendation by the Planning Commission. The legal description of the
property involved is shown as Tart of Lots 1 and 2, NE} SE}, Section 15,
Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado.
If -you wish to be heard by the Board of County Commissioners, it will bE
necessary for you to indicate your request by signing the bottom of this
letter and returning it to this office. Regular _hearing procedures will
then be followed. This includes publishing a Notice of Hearing in the legal
newspaper, an expense to be paid by you.
In order to proceed as quickly as possible, we must receive your reply by
January 31, 1986. If we are not in receipt of your request by that date,
the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
?ritts14"-- 41\1\3"Crsr—
CHAIRMAN
I wish to have a hearing on this matter brought before the Board of County
Commissioners. I agree to Tay for the legal advertising expense.
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$6 230
Summary of the Weld County Planning Commission
January 7, 1986
Page 3
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. Doug Graff - yes; Lydia Dunbar - yes; Lynn
Brown - yes; Don Johnson - yes; Louis Rademacher - yes; Ann Garrison - yes;
Paulette Weaver - yes; Jack Holman — yes. Motion carried unanimously.
CASE NUMBER: Amended USR-511:85:58
APPLICANT: Arnold Douglas and Beverly Ann Teter
REQUEST: Use by Special Review permit for an oil and gas support operation.
LEGAL DESCRIPTION: Part of the NW} , Section 2, TIN, R65W of the bth P.M. ,
Weld County, Colorado.
LOCATION: Approximately 1/2 mile northeast of Hudson; east of Interstate 76
and north of State Highway 52.
APPEARANCE:
There was no one present to represent the applicant. Therefore this case
will be moved to the last item on the agenda.
CASE NUMBER: Z-424:85: 10
APPLICANT: Robert L. and Priscilla Johnson
REQUEST: Change of Zone from C-2 (General Commercial) to C-3 (Commercial)
LEGAL DESCRIPTION: Part of Lots 1 and 2; NEI SEi , Section 15, T5N, R65W of
the 6th P.M. , Weld County, Colorado.
LOCATION: Approximately 1.5 miles east of Greeley; west of Weld County Road
45 and north of U.S. Highway 34.
APPEARANCE:
Robert Johnson, property owner and applicant, stated he -is asking for a
change of zone on this 3.5 acre parcel of land. This property is currently
being used as a consignment auction and he is asking for the change of zone
so he can store equipment in the open rather than having to build buildings
for storage which would not be feasible.
Mr. Johnson introduced Pam Valencia, his closest neighbor. Mrs. Valencia
stated she does not object to the change of zone. The Johnson's are good
neighbors and they do not object to the outside storage of equipment or to
the consignment auctions.
Tape 227 — Side I
8804,30
LxHis;7
TT
Summary of the Weld County Planning Commission
January 7, 1986
Page 4
The Chairman called for discussion from the audience. There was none.
The Chairman asked Mr. Johnson if he had read the recommendations of the
Department of Planning Services staff. He stated he has and since the
recommendation is for denial he does not agree with it.
The Chairman asked that reading the recommendation of the Department of
Planning Services staffs be dispensed with and that it be filed with the
summary as a permanent record of these proceedings.
MOTION:
Ann Garrison moved Case Number Z-424:85: 10 for Robert L. and Priscilla
Johnson for a Change of Zone from C-2 (General Commercial) to C-3
(Commercial) be forwarded to the Board of County Commissioners with the
Planning Commission's recommendation for denial based upon the
recommendations of the Department of Planning Services staff. 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. Doug Graff - no; Lydia Dunbar - yes; Lynn
Brown - yes; Don Johnson - no; Louis Rademacher - no; Ann Garrison - yes;
Paulette Weaver - yes; Jack Holman - No, because he is familiar with the
area, and as far as a housing development in this area, it really isn't
feasible. This business has been here for a number of years, and while he
does not like to see permanent outside storage in this area, he is voting no
on this motion because of the expense that would be involved in constructing
buildings in this flood prone area. Motion is a tie vote with four voting
for the motion and four voting against the motion.
Lee Morrison stated a ti-e vote means the -motion fails. It needs to be sent
to the Board of County Commissioners as either a denial or as a tie vote
indicating we wish to show no position. Therefore, even though there is not
a group recommendation, it may be good for individual members to express
their reasons for their vote so the commissioners have some guidance to your
thinking whichever way you voted.
MOTION:
Paulette Weaver moved Case Number Z-424:85:10 for Robert L. and -Priscilla
Johnson for a Change of Zone from C-2 (General Commercial) to C-3
(Commercial) be forwarded to the Board of County Commissioners as a tie vote
constituting no recommendation. Motion seconded by Don Johnson.
86U230
-
Summary of the Weld County Planning Commission
January 7, 1986
Page 5
The Chairman called for di-scussion from the members of the Planning
Commission. Discussion followed.
The Chairman asked the members of the Planning Commission for their
decision. Motion carried unanimously.
CASE NUMBER: USR-714:85:60
APPLICANT: Schreider Operating Company
REQUEST: Use -by Special Review permit for a gas processing site
LEGAL DESCRIPTION: Part of the SW} SW} , Section 11, T7N, R58W of the 6th
P.M. , Weld County, Colorado.
LOCATION: Approximately 1.75 miles south of New Raymer, east of Weld County
Road 129 and south of Weld County Road S4.
APPEARANCE:
Dave Forson, Sr. , Consultant, Schreider Operating Company, represented the
applicant. Schreider Operating Company bought this gas processing plant
from another company, and while the plant has been in operation for over
four years, when they applied for a building permit to inst-all new
compressors they were told that the property was improperly permitted to
begin with. The owner had applied for a subdivision exemption but had never
applied for the proper permits. The processing facility is not being
enlarged even though they are adding another compressor. These are electric
compressors and therefore, operation is relatively quiet. There are two
eighteen thousand gallon tanks on the property and these are emptied once or
twice a week.
The Chairman called for discussion from the audience. There was none.
The Chairman asked Mr. Forson if he had reviewed the recommendation,
conditions, and Development Standards as outlined by the Department of
Planning Services staff. He stated he thad and has no objections to anything
as stated.
The Chairman asked that reading of the recommendations, conditions, and
Development Standards 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 Development Standard ,if) be amended to read ". . .and to
the mayor of New Raymer. Evidence of this listing and emergency phone
numbers and addresses shall be provided to the Department of Planning
Services prior to the issuance of building permits." Motion seconded by
Lydia Dunbar. .,
JAN 1 01986
CREELEY. COLA,
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-424:85:10
NAME: Robert L. and -Priscilla Johnson
ADDRESS: 2535 East Highway 34, Greeley, Colorado 80631
REQUEST: A Change of Zone from C-2 (general commercial) to C-3 (commercial)
LEGAL DESCRIPTION: Part of Lots 1 and 2, NE} SEi , Section 15, TSN, R65W of
the 6th P.M. , Weld County, Colorado
LOCATION: Approximately 1 .5 miles east of Greeley; west of Weld County Road
45 and north of U.S. Highway 34.
be forwarded to the Board of County Commissioners as a tie vote constituting
no recommendation.
Motion seconded by Don Johnson.
Vote:
For Passage Against Passage
Doug Graff
Lydia Dunbar
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.
pc'32
,30
Z-424:85:10
Robert L. and Priscilla Johnson
January 7, 1986
Page 2
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 January 7, 1986, and recorded in Book No. X of the proceedings of the
said Planning Commission.
�Dated the 8th day of January, 19B6.
Cyooea
Bobbie Good
Secretary
BEFORE THE WELD COUNTY, COLORADO COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison 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-424:85:10
NAME: Robert L. and Priscilla Johnson
ADDRESS: 2535 East Highway 34, Greeley, Colorado 80631
REQUEST: A Change of Zone from C-2 (general commercial) to C-3 (commercial)
LEGAL DESCRIPTION: Part of Lots 1 and 2, NE} SE} , Section 15, T5N, R65W of
the 6th P.M. , Weld County, Colorado
LOCATION: Approximately 1.5 miles east of Greeley; west of Weld County Road
45 and north of U.S. Highway 34.
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; or
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 Weld County Comprehensive
Plan. . ."Commercial development should be restricted to
the incorporated areas of municipalities unless
necessary to provide absolutely essential highway
services." General commercial zoning presently exists
on the subject property. The rezoning of this 3.5 acre
parcel from A (Agricultural) to C took effect on May 4,
1965 The zoning was reclassified to C-2 when the county
adopted a new zoning ordinance and map on August 25,
1981. The proposed change of zone would allowfor more
intensive commercial activity which would likely
generate increased traffic in the neighborhood.
CF,C)2 0
Z-424:85: 10
Robert L. and Priscilla Johnson
January 7, 1986
Page 2
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 Commercial-3.
- The subject site is surrounded by R-1 (low density)
residential zoning to the north and west and by A
(Agricultural) zoning to the south and east. The parcel
in question, zoned C-2, is a classic example of "spot
zoning." Approval of the more intensive commercial
uses at this location could present added nuisances to
this rural neighborhood.
The applicant has not demonstrated in the submitted application
materials that the proposed rezoning will be compatible with the
surrounding land-uses.
- The surrounding neighborhood is rural in character; much
of the farmland is used for pasture. Several residences
exist within one-fourth mile, the closest located
directly to the east of the property. No other
commercially zoned property exists within a mile of the
site. The applicant has stated that the zone change is
requested to permit outdoor storage of machinery and
equipment. However, the C-3 zone district accommodates
many types and intensities of commercial uses, all of
which would be allowed on this site if the rezoning is
approved. Uses allowed by right in the C-3 zone
district (see attached list) are not compatible with the
neighborhood.
The City of Greeley Planning Commission recommended denial of this rezoning
request. The Greeley Planning Commission, in a letter dated December 18,
1985, offered the following comments:
- The proposal is not in compliance with the City's
Comprehensive Plan recommendation for this area;
- The proposal is not in compliance with the City's
Comprehensive Plan recommendations for neighborhood or
community level commercial uses; and
- The applicant did not meet the criteria required for
approval of a zone change.
Z-424:85: 10
Robert L. and Priscilla Johnson
January 7, 1986
Page 3
The City of Greeley's Future Land-Use Map designated the area in question
far low density residential development.
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.
Motion seconded by Paulette Weaver.
Vote:
For Passage Against Passage
Lydia Dunbar Doug Graff
Lynn Brown Don Johnson
Ann Garrison Louis Rademacher
Paulette WeaverJack Holman
The Chairman declared the resolution a tie vote 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 January 7, 1986, and recorded in Book No. X of the proceedings of the
said Planning Commission.
Dated the 8th day of January, 1986.
Bobbie Good
Secretary
ADDITIONAL COMMENTS
Z-424:85: 10
Robert L. and Priscilla Johnson
The proposed change of zone is located within the Floodprone (FP-2) Overlay
District.
The proposed Change of Zone is located within the Conical Zone of the
Greeley-Weld County Airport Overlay District.
660230
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Case Number <-L/c2 ye 1-57/6 Submitted or Prepared
Prior
to Hearing At Hearing
1. Application 1-,?0 Pages v'
2. Application plat(s) / page(s)
3. DPS Referral Summary Sheet
4. DPS Recommendation ✓/
5. DPS Surrounding Propery Owner Mailing List ✓
6. BPS Mineral Owners Mailing List v/
7. DPS Maps Prepared by Planning Technician ✓
8. DPS Notice of Hearing ✓
9. DPS Case Summary Sheet ✓
10. UPS Field Check L //
12. l)-/Y s je ,. Pe,— Graze) �la 1r Car ,,isim '�
13.
14.
15.
16.
17.
18.
19.
20.
I hereby certify that the /°„2 items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning Commission
hearing. I further ertify that these items wer / forwarded to the Clerk to the
Board's office on 19 Pia .
(O1-cwt
Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS IQ DAY OF OQ,v",a„p,,,,,\ 19%10 ,
SEAL ': ^�"3(�
aU:%hsa.s0
Nc �..Va.e c\s�a
Q NO ARY PU-BLIC
�XNi8/7 / '
My Commission E'xp.e; Fob. 13, 1989
MY COMMISSION FvPIRFS
/ j�r� EXHIBIT INVENTORY CONTROL SHEET
Case C.7�z- `' <,
Exhibit Submitted By Exhibit Description
B. 7✓/u:7;� ( 7ZWLC"�n.»z. / i44-'Lc /�ar. i&2667y /Cea/7/./2 OC' A7
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11a, ;;27
r-`-I.j
Date: January 7, 1986
CASE NUMBER: Z-424:85:10
NAME: Robert L. and Priscilla Johnson
ADDRESS: 2535 East Highway 34, Greeley, Colorado 80631
REQUEST: A Change of Zone from C-2 (general commercial) to C-3 (commercial)
LEGAL DESCRIPTION: Part of Lots 1 and 2, NE} SEE , Section 15, T5N, R65W of
the 6th P.M. , Weld County, Colorado
LOCATION: Approximately 1 .5 miles east of Greeley; west of Weld County Road
45 and north of U.S. Highway 34.
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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; or
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 Weld County Comprehensive
Plan. . ."Commercial development should be restricted to
the incorporated areas of municipalities unless
necessary to provide absolutely essential highway
services." General commercial zoning presently exists
on the subject property. The rezoning of this 3.5 acre
parcel from A (Agricultural) to C took effect on May 4,
1965. The zoning was reclassified to C-2 when the county
adopted a new zoning ordinance and map on August 25,
1981. The proposed change of zone would allow for more
intensive commercial activity which would likely
generate increased traffic in the neighborhood.
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 Commercial-3.
U ti30
Z-424:85: 10
Robert L. and Priscilla Johnson
January 7, 1986
Page 2
- The subject site is surrounded by R-1 (low density)
residential zoning to the north and west and by A
(Agricultural) zoning to the south and east. The parcel
in question, zoned C-2, is a classic example of "spot
zoning." Approval of the more intensive commercial
uses at this location could present added nuisances to
this rural neighborhood.
The applicant has not demonstrated in the submitted application
materials that the proposed rezoning will be compatible with the
surrounding land-uses.
- The surrounding neighborhood is rural in character; much
of the farmland is used for pasture. Several residences
exist within one-fourth mile, the closest located
directly to the east of the property. No other
commercially zoned property exists within a mile of the
site. The applicant has stated that the zone change is
requested to permit outdoor storage of machinery and
equipment. However, the C-3 zone district accommodates
many types and intensities of commercial uses, all of
which would be allowed on this site if the rezoning is
approved. Uses allowed by right in the C-3 zone
district (see attached list) are not compatible with the
neighborhood.
The City of Greeley Planning Commission recommended denial of this rezoning
request. The Greeley Planning Commission, in a letter dated December 18,
1985, offered the following comments:
- The proposal is not in compliance with the City's
Comprehensive Plan recommendation for this area;
- The proposal is not in compliance with the City's
Comprehensive Plan recommendations for neighborhood or
community level commercial uses; and
- The applicant did not meet the criteria required for
approval of a zone change.
The City of Greeley's Future Land-Use Map designated the area in question
for low density residential development.
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.
86 0230
ADDITIONAL COMMENTS
Z-424:85: 10
Robert L. and Priscilla _Johnson
The proposed change o₹ zone is located within the Floodprone (FP-2) Overlay
District.
The proposed Change of Zone is located within the Conical Zone of the
Greeley-Weld County Airport Overlay District.
f3S02 30
Ir
LAND-USE APPLICATION
SUMMARY SHEET
Date: December 31, 1985
CASE NUMBER: Z-424:85: 10
NAME: Robert L. & Priscilla Johnson
ADDRESS 2535 E. Highway 34, Greeley, CO 80631
REQUEST: Change of Zone from C-2 to C-3
LEGAL DESCRIPTION: Pt. Lots 1 & 2; NE} SE} of Section 15, T5N, R65W of the
6th P.M. , Weld County, Colorado.
LOCATION: Approximately 1.5 miles east of Greeley, west of Weld County Road
45 and north of Highway 34.
SIZE OF PARCEL: 3.5 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 Department of Planning Services has not yet -received a recommendation
from the Division of Water Resources. Referral comments from the Greeley
Planning Commission and Weld County Engineering Department are attached for
your review.
The staff has received inquiries but no objections to this application from
surrounding property owners and mineral owners.
C l
DEPARTMENT OF PLANNING SERVICES
{::: sPHONE(303)356-4000 EXT.4400
-i 915 10th STREET
r. )‘ GREELEY, COLORADO 80631
9
' 4" , Ir ,:
p 40
' *44-c44
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on
Tuesday, January 7, 1986, at 1:30 p.m. to review a request for approval of a
Change of Zone from C-2 (General Commercial) to C-3 (Commercial) from Robert
L. and Priscilla Johnson on a parcel of land described as part of Lots 1 and
2, NEI SE} , Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado,
containing 3.5 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 January 7, 1986.
Copies of the application are available for public inspection in the
Department of Planning Services, Room 342, Weld County Centennial Center,
915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400.
Jack Holman, Chairman
Weld County Planning Commission
To be published in the Johnstown Breeze
To be published one (1) time by December 12, 1985
Received by. ^.ti 1 / ,, ,
Date: ii ,7/2-1/47jr
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FIELD CHECK
FILING NUMBER: Z-424:85: 10 DATE OF INSPECTION: December 13, 1985
NAME: Robert L. and Priscilla Johnson
REQUEST: Change of Zone from C-2 to C-3 (Commercial)
LEGAL DESCRIPTION: Part of Lots 1 and 2, NE} SEk, Section 15, T5N, R65W of
the 6th P.M. , Weld County, Colorado
LOCATION: Approximately 1.5 miles east of Greeley; west of Weld County Road
45 and north of Highway 34
LAND USE: N East 24th Street
E Three rural residences, farmland
S Business Highway 34, farmland, Platte River
W Business Highway 34, rural residence
ZONING: N R-1 (low density residential)
E Agricultural
S Agricultural
W R-1 (low density residential)
COMMENTS:
Access to the subject site is from East 24th Street. A large steel
fabricated building used for an auction operation is located on the
property. A camper trailer and several pieces of equipment are stored
outside the building. There is outdoor storage of farm machinery nearby,
across Business 34.
There are 5 residences within one—fourth mile.
/714 414--Th
By:
Gloria V Dunn
Current,Planner
REFERRAL LIST
APPLICANT: Robert L. and Priscilla Johnson CASE NUMBER: Z-424:85:10
SENT REFERRALS OUT: November 27, 1985 REFERRALS TO BE RECEIVED BY: December 27, 1985
NO SR NR NO SR NR
County Attorney ' X Western Hills Fire
X X Protection District
X Weld County Health Dept. 1804 Cherry Avenue
Greeley, CO 80631
XX Engineering Department
X Paulette Weaver
County Extension Agent Planning Commission
1725 12th Avenue
Office of Emergency Mngmt Greeley, CO 80631
X 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
XCity of Greeley Planning Department
c/o Nicholas Matt
919 7th Street
Greeley, CO 80631
Tri Area Planning Commission
P.O. Box 363
Frederick, CO 80530
X/ X Greeley Soil Conservation District
4302 9th Street Road
Greeley, Colorado 80634
NO=No Objection
SR=Specific Recommendations
NR=No Response
°-1 vy
+f� ritiErnoRn n D urn
Gloria Dunn
/_► To Planning Department e December 11, 1985
COLORADO From Donald R. Carrol 1 , Admini strati ve Manager
Subject: Robert L. and Priscilla Johnson - 1M-424:85:10
The Engineering Department has reviewed the Use by Special Review
of Robert L. and Priscilla Johnson and request the additional
questions and information listed is as follows :
24.5. 1.5. 1
Storm water retention facilities shall be provided on site
which are designed to retain the storm water runoff from
the fully developed site from a 100 year storm.
0;j1:Th1=4 if,
1G/'7�'
ill
DRC/bf Weld Co. "honing Cnmm'ssim;
U -3230
CASE NUMBER Z-424:85:10
November 27, 1985
TO WHOM IT MAY CONCERN:
Enclosed is an application from Robert L. and Priscilla Johnson for a Change
of Zone from C-2 to C-3 (Commercial) . The parcel of land is described as
part of Lots 1 and 2, NE} SE} , Section 15, T5N, R65W of the 6th P.M. , Weld
County, Colorado. The location of the parcel of land for which this
application has been submitted is approximately 1.5 miles east of Greeley;
west of Weld County Road 45 and north of U.S. Highway 34.
This application is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this request would
be appreciated. Your prompt reply will help to facilitate the processing of
the proposal and will ensure prompt consideration of your recommendations.
If a response from your office is not received within fourteen (14) days of
mailing from our office, it may be interpreted to mean approval by your
office. If you are unable to respond within fourteen (14) days (but wish to
do so at a later date) please notify our office to that effect.
Check the appropriate boxes below and return to our address listed above.
Please reply by December 27, 1985, so that we may give full consideration to
your recommendation.
1. X We have l reviewed this request and find that the request
T (does es not) comply with our Comprehensive Plan
for the following reasons.
SC6 Urn UL-
2. We do not have a Comprehensive Plan, but we feel this
request (is/is not) compatible with the interests
of our town for the following reasons:
3. A formal recommendation is under consideration and will be
submitted to you prior to:
4. X Please refer to the enclosed letter.
Signed:\ \ Agency: CIt1 puvi�11aL.,
Date: it'tb'3b `
Thank you very much for your help and cooperation in this matter.
difq)Sr
4 ,5--
`--' 2 �9aj
Weld to. planning �nmm:ssian
City of
GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353-6123
`Greeley
December 18 , 1985
Ms. Gloria Dunn, Current Planner
Weld County Dept. of Planning Services
915 10th Street
Greeley , CO 80631
Dear Gloria :
The City of Greeley Planning Commission, at their December 10 , 1985,
meeting, reviewed the request for rezoning from C-2 to C-3 submitted by
Robert L. and Priscilla Johnson for property located approximately 1 . 5
miles east of Greeley known as Lots 1 and 2, NE1/4 SE1/4 , Sec . 15 , T5N ,
R65W. The Planning Commission recommended denial of the rezoning request
for the following reasons:
1 ) The request is not in compliance with the City 's Comprehensive
Plan recommendation for this area ;
2) The request is not in compliance with the City 's Comprehensive
Plan recommendations for neighborhood or community level
commercial uses ; and
3) The applicant was not able to adequately demonstrate that the
original zoning was in error or that there are changing conditions
in the area which would warrant this rezoning. One of these two
criteria must be present before a zone change can be granted.
Thank you for the opportunity to review and comment on this item. If you
have any questions with regard to this item, please do not hesitate to
contact our office.
Sincerely ,
lilkc l
ilichola Matz
Planner II
NM: vls
D th,I‘Ml\--VT
DEC 2 ;1985 660230
\ _ J
Well Co.
Ylaanina Cnmmrssior,
MAILING LIST
Robert L. and Priscilla Johnson
Z-424:85:10
Surrounding Property Owners
Edith I. Williams
3405 16th Street #30G
Greeley, CO 80631
Myrtle Marie Robb
c/o Eugene Robb
2232 E. Colorado State Highway 34
Greeley, CO 80631
Henry M. & Carol Ann Karre
2240 E. 24th Street
Greeley, CO 80631
Erine & Pamela Valencia
2600 East 24th Street
Greeley, CO 80631
William L. & Phyllis A. Roth
Rt. 4, Box 319
Greeley, CO 80631
060230
MINERAL OWNERS
Z-424:85:10
Robert L. and Priscilla Johnson
Joyce Alice Krier
1215 8th Avenue
Greeley, Colorado 80631
Harvey D. and Luberta P. Harrington
1715 Royal Road
Aberdeen, South Dakota 57401
Earl J. and Lillian 0. Nicks
1302 24th Avenue
Greeley, Colorado 80631
Robert D. and Lucile H. Carpenter
Route #1 Box 59
Thatcher, Arizona 85552
Richard L. Lewis
600 Petroleum Building
Denver, Colorado 80203
6 S023
REZONING APPLICATION Case #
Weld County, Colorado
Dept. of Planning Services App. Ch'd By: Date Rec'd:
915 10th Street App. Fee: Receipt. #:
Greeley, Colorado 80631 Record. Fee T Receipt #:
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: •
Lots 1 & 2 NEj SEq 15 5N R65W
(If additional space is required, attach an additiona]. sheet)
Property Address (if available) : 2 535 E Hwy 34
PRESENT ZONE C-2 PROPOSED ZONE G-3TOTAL ACREAGE Tai
OVERLAY ZONES
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: Robert L Johnson Home Telephone #: 356-2998
Address: 2535 E l{wy__34 Bus. Telephone #: 356-1£1$0
Greeley, CO 80631
Name: Priscilla John,Ho'1__ Home Telephone #: 867-6427
Address: 2535 j'; Hwy 34 Bus. Telephone #: 867-5_661
0reeley , C0 _SQ63.1
Name: Home Telephone #:
Address: Bus. Telephone #:
Applicant or Authorized Agent (if different than above) :
Name: Home Telephone #:
Address: Bus. Telephone #:
Owner(s) and/or lessees of mineral rights on or under the subject properties
of record in the Weld County Assessor's Office:
Name: Robert L. and Priscilla Johnson
Address: 2535 E. Hwy. 34, Greeley,_ CO 80631 9 a -� minerals
Name: Avis Harrington
Address:
unknown __ owns 1,
Requirement #1 see letter
Name:
Address:
I hereby depose and state under the penalties of perjury that all
statements, proposals and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO )
4t9zI4W\ -LL4S,j )
Signature: Owner or uthorized Agent
Subscribed and sworn to before me this ( day of /00 li' ,19 S":2.
SEAL
NOTARY PUBLIC
. . , 060230
My Commission expires: ...' -:l
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To Whom it May Concern:
Concerning the % mineral rights owned by Avis Harrington
The records show that upon sale of the subject property z
interest in the mineral rights was retained by Avis Harrington
on April 24, 1962 with the sale of the property to Roland and
Joyce Krier. The property was sold to settle the estate upon the
death of her husband. The only address given for her according
to the records was Greeley, CO. The Weld County assessors office
has never assessed the '., interest belonging to Avis Harrington.
To date there is no known address for Avis Harrington.
Please see copy of Deed.
8E0230
Requirement #2
The proposed site under consideration consists of land totaling
3i acres , and a metal building with approximately 14 , 650 sq .ft .
In order to get full use of the 3i acres , a zoning change is
required in order to allow outside storage of machinery and equip-
ment . All of the uses allowed by C--3 zoning could be met on the
existing site . The C-2 zoning severely limits many of the
business uses which could be met by the versatility of the site .
Requirement #3
I believe that the uses desired for the site will be compatible
with the surrounding land . The land to the west , north , and
south is used for pasturing sheep, cattle , and horses . The land
to the east is used for corrals to pen horses and cattle .'it is
also is used for a truck garden .
Requirement #4
a. Sewer
Since the proposed site has been an existing business the sewer
system has been in place for some 19 years . However , in the
last year repairs have been necessary . These repairs are
permitted and have not been completed as of this date . The
reason that the repairs are not completed is that the permitting
was designed for a heavy influx of people . The primary use at
present is for a weekly consignment auction . The subject
property is presently being offered for sale . Because of
economic conditions it is quite likely that the future use of
the property will_ not be for the consignment auction business ,
once the property is sold . Therefore , the present proposed plan
would be extremely over designed with the use of extra holding
tanks and 4-80' leach lines . Probably the existing holding
and 1 - 80 ' leach line would be more than adequate . The proposed
sewer plan with C-3 zoning would eliminate the functional use
of a large part of the 3i acres . Therefore a hold on repairs has
been maintained until final use of the property is determined .
b.
The domestic water is furnished by pipeline from the Valencia
farm , and has been in use for 19 years . See attached forms .
.vt _ ( DEPARTMENT OF HEALTH
PHONE(303)353-0540
1516 HOSPITAL ROAD
GREELEY, COLORADO 80631
` �,yam#., ar
•
COLORADO
September 26, 1985
Robert Johnson
2535 E. Hwy 34
Greeley, CO 80635
RE: Weld County I.S.D.S. Permit No. G-850027
Dear Mr. Johnson:
In response to your request on September 25, 1985 as to the status of the
engineer design for a septic system to serve the Rocky Mtn. Auction located at
2535 E. Hwy 34, Greeley, with respect to a change of ownership, please be
advised of the following:
1. The Weld County Board of Health reviewed and approved the engineer
design prepared by Cecil Crowe, No. 12330, on March 26, 1985. Weld
County I.S.D.S. construction permit No. 850027 was issued on the
same date.
2. Construction of this I. S.D.S. must commence within one (1) year of
issue date.
3. The proposed I.S.D.S. was designed to accommodate a daily flow of
up to 671 gallons. This flow estimate was based on actual meter
readings with approximately 75 persons at the Auction.
4. A change of ownership occurring before the system is constructed
would require the following:
a. Evaluation of the new proposed daily sewage flow by a
registered professional engineer.
b. If the new flow is less than or equal to 671 gallon per
day, nothing further shall be required beyond construction
of the system as per the engineer design.
c. If the new flow is greater than 671 gallons per day, a new
permit and engineer design shall be required. 86‘;44.30
Page 2
September 26, 1985
Robert Johnson
Should you have any questions concerning this matter, please contact me or
this office at 353-0635.
Sincerely,
.C'`< t1 L' .4. QC' •
l
George B. Vargulich
Environmental Health Specialist
GV/bks
cc: Dr. Ralph Wooley, Director, Weld County Health Department
Wes Potter, Director, Health Protection Services
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Requirement #5
No geological fee required because it all ready exists as C-2 .
Soil work is all ready done .
Requirement #6
Road ways all ready in existence and need only to be approved by
county engineers for zone change .
Requirement #7
Does not apply because all ready zoned 0-2 .
Requirement #8
According to Weld County survey map the proposed property does
not lie in the flood plane.
Requirement #9
See copy of the deed .
Requirement #10 & #11
See attached sheet .
Requirement #12
Additional information as required .
Requirement #13 & 14
See attached zoning map.
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tat" 0 1008 REC 01940880 09/19/83 16: 54 t1. d:„ �: 'U1 7 a,..
*nn P 0100 MARY ANN FEUERSTEIN CLERK & RECOlt E IZ tdD'LD t:0, CO chil.Nr46.,,,et.4,6',
sr ,� a 4
y c
OTHA C. MASS and KATHY ANN MASS I II ,rat aE".'_
I 14'4 t�:(
I"
whose address is 2814 Grandview Drive _ jtr r'
$tots ur •nla fi o p
Greeley County of Weld State of &rp 1 � y�> ll r
Date r �!` , k ',
� L ____ {, 45
Colorado for the consideration of Cher b - _ it '
valuable consideration and Ten and no/ I00 - — - ' t ;k
ti a r
f:,:
ti
in hand paid, hereby eel((:) and convey I a) to ,I Ili
L__
ROBERT L. JOHNSON AND PRISCILLA JOHNSON — I J J " s t,'
� s dc, �
ahosead4nseil 804 Nancy Street , Fort Morgan . County of i I.023:36,, tM (�
. R td!'i I,fr �1
' Morgan . and State of Colorado the follu•rmg r ,;';urrty in CU- 41St., yl �,t;4'G
Eui K I
County of WELD .2nd State ry f C, ,r..d;, c s KY:, feit. �P1 i iu7�;
iii 7'0'
I ,,,i,,,44;,,,,1 •,
All that part of Lots One ( 1 ) and Two (7. ) of the Nort ,emct. i f" � tly
Quarter (NElt) of the Southeast Quarter (SE4) of Section 9 ',
Fifteen (15) , Township Five (5) North, Range Sixty-five hat' „D.
i41 *
(65) West of the 6th P.M . , according to the subdivision ikI.
de �''q' •
of lands by the Union Colony of Colorado, lying North rid "x , lgf:
beingHighway 62 t; a F
East of U.S. Highway634 old State 1 '+��� a �a�
right-of-way for which is described in Right-of-Way Deed re- p 1' it'
g YEI (lay•
corded in Book 779, page 460 of the Weld County Records ; jI Ind
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*therefor, however evidenced ; and to the 1983 taxes , payable in I iIkil 'r '
1984 ; subject to 1st Deed of Trust recorded Sept ;tuber 19 1980 , y1I,'" t .
in Book 915, Reception 61836609 of the Weld County Records ; �� e ��ti, f,
with all :•. algrvrtenance. . %arrantl.l the tale b. th, -am•. aotp-, • I( ¢ 1
within the Northor:, Colorado Water Conservancy Dlstrictlann ,iethe nub + ( pyar s
district thereof ; to tncluston within the West Greeley Soil Con r- fad1. . '
..
vation District; to previous reservations of all oil , a , end 'then iiiiminerals as reserved in instruments recorded in Book 1o12 , page 499 ..! ' ",k , r
and Book 915 under Reception #1836608 of the Weld County Records ;. �, € t, ,,l'q, `:
to all existing highways , ditches , utilities canals pipelines , , „x i,
power, telephone or water limes nd rights-of-way and easements 1ta,
Signed this y °I September • I ,&A. I l .':i P44 c.- pail-lir
�' a
Kathy nn Mass i Lt ), ,+'^;r,
STATE OF cohort A DO. 'u.
County of WELD Flt` ° °,p �'t
I I n "F' "5 i'
The foregoing instrument was ark nnwlydgrd before me this i i0, $ . ,:,�„
day of September , 19 83 ,by OTHA C. MASS and KATHY ANN MASS. �l r Li.; ,.
My commission expires
sew
Witness my hand and official seal. 1�'i"""' ....: Ih �t'''
My Coammtulon Exp:ros Rft.1. iflO8 .` .:��a ..0;ie, / �O / , ,.
910 ii VI 7,2.. rialc/.CO Cia'71 • f -L'Nai) .`d Y"`•cGt a' • rt�/.e�' o•� f �'
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AFFIDAVIT OF INTEREST OWNERS •
SURFACE ESTATE
Application No.
All that part of Lots One (1) and Two (2) of the Northeast
Subject Property Quarter (NEB) of the Southeast Quarter (SE4) of Section
P y Fifteen (15), Township Five (5) North, Range Sixty-five
(65) West of the 6th P.M. , according to the aubdivisibn
of lands by the Union Colony of Colorado, lying North and
East of U.S. Highway #34, being old State Highway 12, the
right-of-way for which is described in Right-of-Way Deed re-
STATE OF COLORADO corded in Book 779, page 460 of the Weld County Records;
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn , states that to the best of his or
her kncAledge 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 .pplication. 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.
Security Abstract Company of Weld County
Denver M. Wiggins resident
The foregoing instrument was subscribed and sworn to before me this
28thday October , 1985 by Denver M. Wiggins as President
of Security Abstract Company of Weld County
WITNESS my hand and official seal . •
11y Commission expires : r,,- �� ler5
•..J
L
Notary Public
Gr c.y, C'J V:031 066230
SOIL SURVEY OF WELD COUNTY, COLORADO, „JUTHERN PART
United States Department of Agriculhne, Solt Conservation Service,
in cooperation with the Colorado Agricultural Experiment Station ..-'u),;.,,,y
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Soil descriptions
1—Altvan loam, 0 to 1 percent slopes. This is a deep,
well drained soil on terraces at elevations of 4,600 to 4,900
feet. It formed in old alluvium deposited by the major
rivers. Included in mapping are small areas of soils that
show evidence of poor drainage. Also included are small,
long and narrow areas of sand and gravel deposits.
Typically the surface layer of the Altvan soil is grayish
brown loam about 10 inches thick. The subsoil is brown
and light yellowish brown clay loam and sandy clay loam
about 15 inches thick. The substratum is calcareous loamy
sand about 6 inches thick over gravelly sand.
Permeability and available water capacity are
moderate. The effective rooting depth is 20 to 40 inches.
Surface runoff is slow, and the erosion hazard is low.
This soil is used almost entirely for irrigated crops. It
is suited to all crops commonly grown in the area, includ-
ing corn, sugar beets, beans, alfalfa, small grain, potatoes,
and onions. An example of a suitable cropping system is 3
to 4 years of alfalfa followed by corn, corn for silage,
sugar beets, small grain, or beans. The high clay content
and the rapidly permeable substratum slightly restrict
some crops.
All methods of irrigation are suitable, but furrow ir-
rigation is the most common (fig. 4). Proper irrigation
water management is essential. Barnyard manure and
commercial fertilizer are needed for top yields.
Windbreaks and environmental plantings of trees and
shrubs commonly grown in the area are generally well
suited to this soil. Cultivation to control competing
vegetation should be continued for as many years as
possible following planting. Trees that are best suited and
have good survival are Rocky Mountain juniper, eastern
redcedar, ponderosa pine, Siberian elm, Russian-olive, and
hackberry. The shrubs best suited are skunkbush sumac,
lilac, Siberian peashrub, and American plum.
This soil can produce habitat elements that are highly
suitable for openland wildlife, including pheasant, cotton-
tail, and mourning dove. Such crops as wheat, corn, and
alfalfa provide suitable habitat for openland wildlife,
especially pheasant. Tree and shrub plantings and
undisturbed nesting cover would enhance openland wil-
dlife populations.
This Altvan soil has fair to good potential for urban
and recreational development. The chief limiting soil fea-
tures for urban development are the shrink-swell poten-
tial of the subsoil as it wets and dries and the rapid
permeability of the sand and gravel substratum. Septic
tank absorption fields function properly, but in places the
substratum does not contain enough fines to properly
filter the leachate. Sewage lagoons require sealing.
Lawns, shrubs, and trees grow well. Capability subclass
lIs irrigated.
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION 1/
Robert L. & Priscilla Johnson-2535 East Hwy#34-Greeley,Colorado 80631-62096115000043
Edith I. Williams-3405 16th Street #30G-Greeley, Colorado 80631-62096115000062
Myrtle Marie Robb % Eugene Robb-2232 E.Colo.State Hwy #34-Greeley, Colorado g
b209b1i5000061
Henry M. & Carol Ann Karre-2240 E.24th Street-Greeley, Colorado 80631-62096115000045
Henry M. & Carol Ann Karre-2240 E. 24th Street-Greeley, Colorado 80631-62096115000044
Erine & Pamela Valencia-2600 East 24th Street-Greeley, Colorado 80631-62096114000005
William L. & Phyllis A. Roth-Rt; #4 BOX 319-Greeley, Colorado 80631-62096114000004
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
All that part of Lots One (l) and Two (2) of the Northeast
Subject Property Quarter (NEB) of the Southeast Quarter (SEk) of Section
Fifteen (15), TownshiFFive (5) North, Range Sixty-five
(65) West of the 6th P.M., according to the subdivision
of lands by the Union Colony of Colorado, lying North and
East of U.S. Highway 134, being old State Highway #2, the
right-of-way for which is described In Right-of-Way Deed re-
corded in Book 779, page 460 of the Weld County Records;
STATE OF COLORADO )
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn , states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and 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.
Security Abstract Company of Weld County
Denver M. WigginAresident
The foregoing instrument was subscribed and sworn to before me
this 28th day of October , 1985 By Denver M. Wiggins, as
President of Security Abstract Company of Weld County.
WITNESS my hand and official seal .
My Commission expires : ;,;yCon,,_ ,....
es (Dec. 19, 1985
Notary Public 886230
MINERALS OWNERS
Joyce Alice Krier 1 2 interest
1215 8th Avenue /
Greeley, Colorado 80631
Harvey D. Harrington Jr. & Luberta P. Harrington
1715 Royal Road 1/6 interest
Aberdeen, South Dakota 57401
Earl James Nicks & Lillian 0ualea Nicks
1302 24th Avenue 1/6 interest
Greeley, Colorado 80631
Robert Dennis Carpenter & Lucile H. Carpenter
Rt.ill BOX 59 1/6 interest
Thatcher, Arizona 85552
Oil & Gas Leases :
Oil & Gas Lease recorded November 25, 1980 under Reception No.1842462 to
Richard L. Lewis 600 Petroleum Bldg. Denver, Colorado. ,0 /y; 7i yt 'c26
Oil & Gas Lease recorded December 15, 1980 under Reception No.1844250 to
Richard L. Lewis 600 Petroleum Bldg. Denver, Colorado.
Oil & Gas Lease recorded January 8, 1981 under Reception No.1846387 to
Richard L. Lewis 600 Petroleum Bldg. Denver, Colorado.
4oa / 34J6 .:
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO f,..-,..,-.KnVEIS
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-GREELEY, COLORADO 8063 ,`j; tt ••u, .`
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ao ! REQUESTED RICHARD L. LEWIS
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