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Home My WebLink About860748.tiff RESOLUTION RE: DENY CHANGE OF ZONE FROM A (AGRICULTURAL) TO C-3 (COMMERCIAL) FOR 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, a public hearing was held on the 23rd day of July, 1986 , at 2 : 00 p.m. for the purpose of hearing the application of Frank E. Wilcox (Clay Carlson, authorized agent) , 4185 Weld County Road 2 , Erie, Colorado 80516 , requesting a Change of Zone from A (Agricultural) to C-3 (Commercial) for a parcel of land located on the following described real estate, to-wit: Part of the Sh SW4 , Section 35 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 21 . 6 . 2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone , and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be denied for the following reasons : 1 . The applicant has not sufficiently demonstrated that the proposal is consistent with the Weld County Comprehensive Plan. 2 . The submitted application materials do not demonstrate that the present zoning on the property under consideration is faulty. 3 . The applicant has not sufficiently demonstrated that changing conditions in the area warrant a Change of Zone to C-3 (Commercial) . 4 . The uses which would be allowed on the subject property by granting the Change of Zone would not be compatible with the surrounding land uses. 5. The applicant has not demonstrated that adequate water and sewer service can be made available to serve the site. )` 860748 Page 2 RE: DENY COZ - WILCOX NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Frank E. Wilcox (Clay Carlson, authorized agent) for a Change of Zone from A (Agricultural) to C-3 (Commercial) on the above referenced parcel of land be , and hereby is , denied. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 23rd day of July, A.D. , 1986 . L�1k2�f, BOARD OF COUNTY COMMISSIONERS ATTEST: 4� Q 2ir WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J-cque ' n- ,. . '3ts.n, Chairman K ' BY: //Q//,a�� :w , � G. /.��. ac-- , � o-Tem Deputy County Irk I// �� APPROVED TO FORM: Ge' R. yByrrantner _ r /, 1 �1 C.WSirb County Attorney '�/�'?Z,G% zy// mot Frank Yamagu i 860748 HEARING CERTIFICATION DOCKET NO. 86-45 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) TO C-3 (COMMERCIAL) - FRANK E. WILCOX, (CLAY CARLSON, AUTHORIZED AGENT) A public hearing was conducted on July 23, 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 June 16, 1986, and duly published June 19, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Frank E. Wilcox, (Clay Carlson, authorized agent) for a Change of Zone from A (Agricultural) to C-3 (Commercial) . Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the Planning Commission's recommendation for denial into the record. Scott Lee Carlson, brother of Clay Carlson, came forward to represent the applicant. He reviewed the three criteria for approval of a Change of Zone and cited ways in which this application can be construed to be consistent with the Comprehensive Plan and cited changing conditions in the area. He submitted maps, later marked as Exhibits I and J, showing the Comprehensive Plan area for the City of Thornton and the Planned Urbanization Area for the City of Broomfield and spoke of a number of Changes of Zone which have been approved in Adams County in close proximity to the subject property. He mentioned the intense competition for commercial sites in Colorado and stated that land needs to be zoned in advance. Clay Carlson, authorized agent for the applicant, also spoke regarding the amount of activity along the I-25 corridor and said that the cities of Northglenn, Westminster and Thornton are all annexing in proximity to this area. Molly Sommerville, attorney representing Champlin Petroleum Company, said her company owns the oil and gas under this property, and rezoning this property to C-3 will interfere with their right to drill. She also stated that her company has been unable to reach an agreement with the owner concerning setting aside a possible drill site. David Brody, attorney for Amoco Production Company, concurred with the remarks of Ms. Sommerville. He said his company would be willing to work with the property owners to exempt possible drill sites from this rezoning. It was pointed out that rezoning to a P.U.D. would allow for the reserving of oil and gas rights. Following further discussion, Commissioner Kirby moved to deny the Change of Zone from A (Agricultural) to C-3 (Commercial) and reviewed the criteria to be considered in a Change of Zone. Commissioner Brantner seconded the motion. The motion to deny the Change of Zone carried unanimously. r. rC, Page 2 RE: CHANGE OF ZONE - WILCOX This Certification was approved on the 28th day of July, 1986. APPROVED: /� � , BOARD OF COUNTY COMMISSIONERS ATTEST: un1 Ad. at t,y Gav ekterw2A WELD COUNTY, COLORADO Weld County Clerk and Recorder r and Clerk to the Boa Ja quel Ch rman By: & ntyMf Co o acy, o- e eneR. Brannan. /49,,,A4-7. C.fle,gty Frank Ya��,/i�� L�i �Y TAPE #86-50 DOCKET #86-45 PL0060 { • • ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : JULY 23, 1986 DOCKET # 86-38 USR-HORSE TRAINING & BOARDING CENTER - DONALD D. & JANETA K. GRAHAM DOCKET # 86-45 COZ-A to C-3 - FRANK E. WILCOX (CLAY CARLSON, AUTHORIZED AGENT) DOCKET # PLEASE write or print legibly your name , address and the DOC # (as i__t_c above) or the applicants name of the hearing you are attending. NAME ADDRESS RING ATTENDING at -/71,71(‘4144-or o Pu' Gcfr I 4V/h b20vy /6,10 l /A46c C -� k asci (.I>j/co;Y ✓tioorrnra mac , - t -, w ..vtt wig &pow, Irmo Gc44,- ab Nat Gxt24,0>e L 4 c 7 K //Ns"s" /[r C•ar, E.c.t,r (o Gdjaiir • • :!:73 EXHIBIT INVENTORY CONTROL SHEET Case ea /77 q)/ Exhibit Submitted By Exhibit Description 45 A. St Sw / 1 B• /J7/M/J iL - L' ,Ll//A6, c. %' D. e4/.,.r.l 2/ /`Y-Q/�/�g ,2 ,Q i ' /1 E. (20 n- /t k / 2£/".61;;', i____,L,2„,- /7 F. Soy f d 4f-eZjfr 1G2J 42472 ate-/ ^2i4 o d 7,/:,9. G. V,4077 y (�",�✓ir,�_.¢.cuz vi-4-/J Oa/r/7/42-daen O H. S g)-(-e " d/`✓ .�/ 7evrif.CG0'i,/ YY / I. (/(1/J/44/ i ili —anti A J. (g G2-*-• ) Cf I)4G j) 3,(r?v'»-�,,,t �A/ R. J L. M. N. 0. In'ENTCRY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 2129 " f Submitted or Prepared Prior to Hearing At Hearing 1. App]ication /(9 Pages ✓ 2. kApD neat ion plat(s) / page(s) ✓ 3. DPS Referral Surmary Sheet 4. DPS Recommendation 5. UPS Surrounding Propery Owner Mailing List 6. DI'S Mineral Owners Mailing List 7. J DPS Maps Prepared by Planning Technician 8. UPS Notice of Hearing ✓/ 9. DPS Case Summary Sheet ✓/ 10. /J DPS Field Check J I1. / '3 J� �(,(�,(.�.ct. r�; � 01/22tAlvri—S Jo',/ V 12. (2--.27—r6 +v im c Y a'v I �� ! c� ',L, ✓eic_13. 7-- /-1(0 7— /-0( -4e27Le>._ ( A �-`l (r LDa 1 c D�'s Try car 14. )4 -f6 7 �V' i l - 1-s rl- �� ire+ • is �`ct 15. 7-7-01e, -e?iw. / - S7L-' i) ¢ [iL- ✓ 1/11 16. 741_f& /A( te f i 17. 7-//-P6 et f y-s 18. 19. 20. I hereby certify that the /7 items identified herein were submitted to the Department of Planning Services at or prier to the scheduled Planning Commission hearing. I further c ify plat these items we forwarded to the Clerk to the Board's office on ,Lc. /fr 19 re, . • Cures Planner STATE OF COLORADO ) COUNTY OF WELD ) 'FAn , SUBSCRIBED AND SWORN TO BEFORE ME THIS 16 DAY OF q\ 19 SEAL OtARY a.BL ` ts NO ARY PUBLIC {{`` text/Me7 r My Ca-m!fC3n tx;:res Fob. 13, 1989. C,. MY COMMISSION EXPIRES_ DATE: June 18 , 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 23rd day of July, 1986 , at 2 : 00 P.M. Docket No. 86-45 - COZ , A to C-3 , Frank E. Wilcox (Clay Carlson, authorized agent) � OFFICE OF THE CL K TO THE BOARD + ` -s b -rx a . ( wu c� 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 �4 4J -74#11Y7-7- -g Exinr3, r NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-45 Frank E. Wilcox (Clay Carlson, authorized agent) 4185 Weld County Road 2 Brighton, Colorado 80601 DATE: July 23, 1986 TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the Si SWi, 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: Tommie Antuna, Deputy DATED: June 16, 1986 PUBLISHED: June 19, 1986, in the Johnstown Breeze £xw iB/T PUBLISHER'S AFFIDAVIT STATE OF COLORADO, )ss. COUNTY OF Adams "Vi--June do solemnly swear that I am the Publisher of NOME the The"Brighton-•B'lage.• EMS atColoradoonlineeW County that the same is a w y newspaper pubis ed Zoning Oralowat a pubilo S Sag.dl 0 MM 11M Chests of the board of County Commie. .°S AM County,in the City of Brighton Colorado. Weld County Centennial Coat. 016 10th ISM, Mt Floor, Greeley.Colorado,at the ems seedbed. AM persons in any manner Veneer.In W N9dWe9:reposed dand m yOto era to-Sad Chen.and may to Mod. County of • Adams Should the appwm or any Intend Orly desire'the pra..nora a court re- perM to thane I record of the propM- In9$. to addition to the Sid reCord welch we le kthedurhte the SS.the State of Colorado.and has a general circulation C to the DannOMs.se be olt Con- therein;that said newspaper has been published Head 10r a lla M Court MOSS In the continuously and uninterruptedly in said es.II e court reporter Sits...the Clark to the bards Office shall be ad• • Need In Milling of such Son at Nast 1M days prior le the hewing.The cost of County of Adams .VS6.coast sorer shell le torn. by the',Quieting p»ro. RE IT ALSO KNOWN oat the tot and .maps an certified by the Welt County Planning Commission may be eaaminad for a period of more than 52 weeks prior to the in the ethos of 6M Cent le the Board of first publication of the annexed notice,that said County CommNaodb.. boated In the Weld y SOSO COW, •16 newspaper is entered in the post office at 100,Stmt.Third Rear,tbasey.COW redo. •DOCKET NO.66.46 Brighton APPLICANT Frank E. Wilcox. (Coy Cason. authorized ..m. 4166 Wad County Road 2. 6rIMoo. Colorado 60001 DATE:Judy 26.190 Colorado, as second class mail matter and that TIME 210 P.M. the said newspaper is a newspaper within the REQUEST: Charge of'ZWN Irorp A meaning of the act of the General Assembly of ( LEAL DESCRIPTION:$0 S CJ(CMmnn Part of the State of Colorado,approved March 30,1923, SUS.SWI Seal0n . TowrMND1 and entitled"Legal Notices and Advertisements" Norm,Range S06 Mho M the 0t P.M.. and other acts relating to the printing and WeM M'Colorado BOARD OF publishing of legal notices and advertisments; COUNTY COMMISSIONERS that the annexed notice was published in the WELD COUNTY,COLORADO regular and entire issues of said newspaper, SY:MARY ANN FEUERSTEIN once each week, on the same day of each week ANCOUNTY CLERK AND RECORDER BOARD for the period of BY:Tommie CLERKe Soil DATED:June 16.1006 Published In the lrgMon Blade 1 consecutive insertions, that the first First►uMloalbn JMy0.fl0 publication of said newspaper dated July 9 , 1B6 .and the fast publication of said notice was in the issue of said newspaper dated y^ 19 Signature and Title Subscribed and sworn to before me,B Notary Public.this 9th day of July s 86 Y`, :" 9 d�.vc t." J e.VW. r/ j,yL Jc vim. My CcmmsS ofl ex;;, ri( mot4okilmc 139 N. Main O B:R'to:I, CO 83601 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 AOTIOL 1 SS : Pursuant to the zoning laws a COUNTY OF WELD 1 .the State of Colorado and the I, Clyde Briggs, do solemnly swear that I Weld: publlii�c hearing winbedheldc ient • the Chambers of.the Soard of. am publisher of The Johnstown Breeze; County Commissioners a weld that the same is a weekly newspaper County, Coioraao; weld counlX printed, in whole or in part, and published Centennial Center,. 915 tot in the County of Weld, Slate -of Colorado, Street, First Floor• Greeley, Colorado, at the time.speanner and has a general circulation therein; that All persons in any. manner Interested in the following. a said newspaper has been published psed change- of zone are. may be continuously and uninterruptedly in said request to.attend and heard. County of Weld for a period of more than should the applicant ,or any fifty-two consecutive weeks prior to the interested of as cpurtdreporte�to first publication of the annexed legal notice make a record of the pro- or advertisement; that said newspaper has record w{1'Ion will to eo°or, been admitted to the United States mails as the hearing, the clerk to the second-class matter under the provisions of 'Board's Office can be contacted P for a list of court reporters a the the Act of March 3, 1879, or any area., if a .court' reporter is amendments thereof, and that said obtained,the Clerk to the Boards ,. Office shall be advised In wrfhng newspaper is a weekly newspaper duly of such action at laser five days prior to the hearing.The cost ofqualified for publishing legal notices and 'enaging a court reporter shall advertisements within the meaning of the be-borne IT the requesting party laws of the State of Colorado. BE IT ALSO KNOWN, that the That the annexed legal notice or advertise- Weld and Maps so certified by th Weld County ePlanning exani ea imm�e ment was published in the regular and sIon office of the Clerk to the Board of entire issue of every number of lid weekly noinevw Ie aic'eel°e`�md newspaper for the period of consecu- Floo4rGreesey,cowreao�' Third five insertions; and that the first publication of said notice was, the issue l,„. DOCKET NO. 88-45 APPLICANT said newspaper dated 6.' at` / A.D. 1b 6 Frank E. Wilcox and that the last publication of said notice (Clay Carlson,agent) was in the issue of said newspaper dated authorized 4185 Weld Colorado 80601 + A.D. 19 In,witness whereof I have hereunto set _DATE:.July 23, 1986 my-band this _0 day 0f,;'-t- TIME: 2:00 P.M. A.D. 197( i REQUEST: ge to of Zone (Crum- A (Agricultural) i. mercial) LEGAL DESCRIPTION:• PTO wnf Publisher the SY: SW+/., Sect+o 88 West of ship 1 North, Flange the 8th P.M. Weld County, Colorado BOARD OF COUNTY Subscribed and sworn to before me, a COMMISSIONERS Notary Public in and for the,.County of ' WELD COUNTY, COLORADO W Id, State of Colorado,this .r,- c- day of BY: MARY ANN +-J:u. A.D. 19 ' FEUERSTEIN COUNTY CLERK AND " RECORD TO TRND CLERK HE BOARD .CF.. 42f;=:. BY: Tommie Antuna Deputy Notary Public. DATED: June 18, 1986 the Joha6town June 19, 1986 in My commission expires eze My Commission t„plres kaki 14 19 2 South Parish '^.vane sohnstown, CC HO5,)d r Summary of the Weld County Planning Commission Meeting July 15, 1986 Page 3 The Chairman asked the applicant if he had reviewed the recommendations and conditions as outlined by the Department of Planning Services staff. He stated he had and has no objections to the staff's recommendations or the amendments of the Planning Commission. The Chairman asked that reading of the recommendations and conditions be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Louis Rademacher moved Case Number Z-427:86:2 for Stener J. and Frances E. Carlson 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 approval based upon the recommendations and conditions as outlined by the Department of Planning Services staff and amended by the Planning Commission and on the testimony heard by the members of the Planning Commission. Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. The recommendation of the Colorado Geological Survey was discussed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Louis Rademacher - yes; Harlan Else - yes; Lynn Brown - yes; Lydia Dunbar - yes; Paulette Weaver - No, because with the type of density of development that was seen here, she doesn't feel that independent, separate sewers systems can be adequate and we don't know when there will be adequate public sewer service. Jack Holman - No, for the same reasons outlined by Paulette. He also is beginning to have strong feelings on sewage treatment; especially in a congregated area where there a lot of business we should not allow any more expansion until the sanitation district is setup. Motion carried with five voting for the motion and two voting against the motion. / CASE NUMBER: Z-429:86:4 APPLICANT: Frank Wilcox V REQUEST: Change of Zone from A (Agricultural) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the Si SW} 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 1-25 Tape 245 - Side 2 Ex/f/BiT Summary of the Weld County Planning Commission Meeting July 15, 1986 Page 4 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. Adams County Planning and Developmem Services Board of County Commissioners Colorado 4955 East 74th Avenue Commisioners: Leo M. Younger,Jr. District 1 Commerce City. Colorado 80022 Steven E. Cramer District 2 (303)287-5249 Ronald D. Nichol District 3 Wai C ,$i7 July 21, 1986 r� JUL221986 i/! Ms. Gloria Dunn t, ; ! Current Planner Department of Planning Services ch1 ', COLo. 915 - 10th Street Greeley, Colorado 80631 Dear Ms. Dunn: Adams County is opposed to the proposed rezoning to commercial of the northeast corner of the intersection of Weld County Road 2 and Interstate 25. Adams County is concerned that the premature rezoning of this property prior to adequate provision of urban level utilities and services could create inappropriate uses that would negatively affect future development in the immediate vicinity, including the area south of Weld County Road 2 (168th Avenue) in Adams County. Transportation impacts alone could create a hazardous situation if not adequately described and prevented. LitAn appropriate comprehensive plan for the area demonstrating types of uses that are appropriate for this interchange location should be developed prior to rezoning. Adams County would encourage and assist in developing this plan in order that coordinated services and facilities could be provided for the area in Adams County as well as the area in Weld County. Thank you for the opportunity to review and comment on this application. Sincerely, Anne Bockenkamp Land Development Section nw o ECEIVE JUL 221986 Weld Co. Planning Commission Exktin/7 1,f--.tot".3. 168TH AVE. �' .. ..�.�,o„ lej33 °tit o PROPbsEo FIRE _" 160TH AVE.... l ,, s TIgN -"i-�. !7. PROPOSED - FIRE1. \ STATION n' 1687H Li 1 - _ 0 fir►. :At;Fa:. ( ,.1 tt ''' ir Tyliri.i: 1-1 ! � $ •OED ,Lii•oittr/ 4.1:,dt,_,: iier, , )44TH AVE. I'V R.1�� it p.L, - E-470 �('� ✓ + .TAT*" f 111(1111 ,_.... t. 38TH AVE. SJr --1 MOWS on MI _4 . 0.14 w is il 1-444:7 C VV.o= _ 4cL1 �V ION sue., //:,-/��.„(:N J '�.� ia gm --7-7-4.A = al / /' �F ,__,-- / 1 , It Wildillir. 7 120 .,AVE. �� .^a .. „'lat '4,1/47NINIV.: 1 r7% -. ,_____----------'t• 4f 1 0- . . 1,..r.v. N4 i i RAV + NOR ` al n (= YE , )nrik-, ...1 .: , i OPir,,:,40, 7- „iii.,. i ',7,:,-rf-----...; „k 'to it r-' , , l g !F43i`�JI • / ;TER �� 4L401INI A Uri. ,, �I,�,•lli� '�itrin S 4 • wL it .. RIF�,� .�` �o FIRE iwy •,' it ii: Itiaslifirik,�1I_% /' Sid,' „'06 •-. 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E�°'� oo' E Eo03 Z �o mm _ m0 �' c28 651 �3-° CA m `_° - 0 aiw'Oo � T --o H.o w � EE E9 00 8ama0� a 0 o EQ EE .- n 0 N U 3._ 3 3 0_,A:5 a w a o' E o - - - o E Z o> 0 =� 0 ° p EE >. o osg8 Q o m Fkm o m 0 ° C/J H o f E m 38 m U °o a a_ - o o UJ E m o f ,A � nV y =1 _U h ms ` QQ c,o W O m 0 3 o m ~t o_ c V E o a ot77, •,5 _ 8 'vi a 0 Q u o o Ll. n m o ° o 0 0-�_ d a s ° °228508229 SEES < S 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: [ y trt WEIP tPT rtR nun�e n 5lr V) CASE NUMBER: Z-429:86:4 , NAME: Frank Wilcox 773 �1 JUL 1 71986 ADDRESS: 4185 Weld County Road 2, Brighton, CO 8060 9 REQUEST: Change of Zone from A (Agricultural) to C-3 (Commercial)c°L-O. LEGAL DESCRIPTION: Part of the S} SWk 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 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 au 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. Mr. Wilcox is requesting rezoning of a 71.6 farm parcel from A (Agricultural) to C-3 (Commercial) . Mr. Carlson, 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 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 Louis Rademacher Harland 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. t_Lts. Qo\\ o d� Bobbie Good Secretary Date: July 15, 1986 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 SWi of Section 35, T1N, 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 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. 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 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. 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. Z-429:86:4 Frank Wilcox Page 2 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. Mr. Wilcox is requesting rezoning of a 71.6 farm parcel from A (Agricultural) to C-3 (Commercial) . Mr. Carlson, 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 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) . 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, chat the proposed rezoning will be compatible with surrounding land-uses. Z-429:86:4 Frank Wilcox Page 3 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 todate, 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. ciasJn 11990 Grant St.. Suite 1O0 Denver. Colorado 80233 303457-2966 • July 11, 1986 Weld County Department of Planning 915 10th Street Greeley, CO 80631 Re . : Memorandum of June 16, 1986, of Wilcox Rezoning To Whom It May Concern: In the memorandum of June 16, 1986, we made reference in paragraph #2 of a specific company that would bring 410 new jobs and an annual property tax of $58,426. At the time of that submittal, Super Value was considering the site, but have since chosen to locate in Adams County. We feel that this site can and will attract similar projects with similar uses, and that the employment and income figures will be equal to or surpassed by future users. Commercial zoning on this parcel would help Weld County in attracting this type of use to the site . Sincerely, Clay F. 'Carlson CC/md fglgT JUL 141986 Weld Co. Planning Commission (", STATE OF COLORADO DIVISION OF HIGHWAYS ANT OP P.O. Box 850 - ( Awl.' r Greeley, Colorado 80632-0850 (303) 353-1232t`.'".� `--�-y July 11 , 1986 "_—" ' `7 Weld Co. , I-25 L ? 1986 Wilcox Zone Change N.E. Cor. I-25 and S.H. 7 Ms. Gloria Dunn Weld Co. Plaluning Commission DOH File 45100 Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Ms. Dunn: We have reviewed the application from Clay Carlson on behalf of Frank Wilcox for change of zone from agricultural to commercial , and we have the following comments: 1 . The Boundary Survey map shows an offset between the existing fence along the east Interstate 25 right of way and the Wilcox west property line. This difference varies from 4.4 feet to 8.7 feet. Since the fence defines a wider highway right of way than the property line shown on the survey and has been in place for many years, we maintain that the fence should designate the right of way/property line. We request that the map be revised accordingly. 2. Commercial development at this interchange will cause an increase in traffic and may lead to other similar requests. The existing inter-change will eventually need to be improved to accommodate the increased traffic. This improvement may include the spreading of the frontage roads away from the on-off ramps to provide better separation for turning movements. A distance of 300 feet between the ramp and frontage road intersections is recommended. To accommodate this interchange modification would require additional right of way from the west end of this property. This present ramp/frontage road separation is approximately 100 feet, so an additional 200 feet would be needed to achieve the 300-foot separation. Since it is not possible to determine a precise route for this realignment at this time, we ask that a 200-foot strip be protected along the west property line. GLORIA DUNN July 11 , 1986 Wilcox Zone Change Page Two 3. Access to this property from the I-25 frontage road can be permitted provided that a driveway is properly located and designed. An Access Permit from this office is required to construct a driveway. Due to the nature of this site we anticipate that an access would need to be located near the north end of this property. Thank you for the opportunity to review this rezoning request. Please contact Wally Jacobson of this office if you have any questions. Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER'? I /(j I /Oohn K. Crier' (/,i1 trict Planning/Environmental Manager JKC:mbc(WJ) cc: D. Yost Area Foreman File: Crier-Jacobson via Chotvacs A) i 19 RICHARD D. LAMM ;FQ O Governor y r O JERIS A. DA NIELSON State Engineer 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 July 7, 1986 Ms. Gloria Dunn Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Wilcox Zone Change SWk, Sec. 35, TIN, R68W Dear Ms. Dunn: We have received the above referenced proposal to change the zoning of a 72 acre tract from agriculture to commercial. It appears both Northglenn or Central Weld could serve the property. No indication is given of Central Weld's willingness to serve the development. Also, no information was sub— mitted to comment on the availability of domestic well service. We would not issue tributary wells allowing the proposed use. Sincerely, dad .4 Hal D. Simps n, P.E. Deputy State Engineer HDS/JRH:cic U; U1986 ul Weld Co. Planning Commission LAND-USE APPLICATION SUMMARY SHEET Date: July 8, 1986 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 Si SW} of Section 35, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie, east of 1-25, and north of Weld County Road 2 SIZE OF PARCEL: 71.611 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 referral responses from the Division of Water Resources, the State Highway Department, Adams County Planning Department, and West Adams Soil Conservation District. Copies of recommendations from the County Health Department, Central Weld County Water District, and Brighton Fire Protection District are attached for your review. The Department of Planning Services has received no objections to this rezoning request. DEPAR ENT OF PLANNING SERVICES 3 .:. i cA 1 S �� PHONE(303)356-4000 EXT. 4400 404 .� 015 10th STREET0531 li �� 1 GREELEY,COLORADO 6C631 1. A,...i 511 41- 20.: COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on July 15, 1986 at 1:30 p.m. to review a request for approval of a Change of Zone from A (Agricultural) to C-3 (Commercial) from Frank E. Wilcox on a parcel of land described as part Si SW} of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado, containing 71.611 acres, more or less. The property is located approximately 3 miles east of Erie, north of Weld County Road 2, and east 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 July 15, 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 June 26, 1986 Received by:CII�yi�,I. 2,T/i/ Date: V'' VV /c72_3/IA iTTM UI,Jd i ! i,1 \;','/ in Ili LIB - ---_..._-._ _ASS 'NEI6 Co. Plauou,u eununUSSi0u • • roc. •C � 41iI /a. e, 2' x. .,E w e•w—• :'l .. y • • e•r'• r� •'p�`� <`o. 4.. ..... _ 1 F ° .,• II \II _ .I 71 � I es .F i 1 ,A . TC ' F: . ,• .6'.rY 'x r • :.2• h4 .. / • • : • -- • • }� • 01 e x o "74 I. • /,�,,%� yila V • ti ° "r • • • qI5 I . h \ • - -a•—�• REPr • z . p6 . • • Ira xi r 1 :l ' 5/ • �� __ _ /--16-,6 12 2' --- 0 [ ',I:. I '• .6•17.51. '3 -• 1-1 • 17 r„,5 14 : 4• •5 i a a a • ' •-• ' 13.. , IT 'T •T 3N Id 11 4 , c S� --.J^-:- 'u"�� •• ��_�. N t,, .•.' II I,•, .� F • G° .C �• . d •�� / r, \ . • xx Y^ n nc•u�E A G. aCt°s zn G i. . .C. . �. .us r . •4z . M •. C ,• 4z -r•. i+ . L. 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V - View hOOI s/+a3rt / o J - /)�• x - sisr r - - s�a 1 5.}� 1.o. 3 OI ,A4ii 5/54 Z, I / /i ,— I ' 27 26 ' 25' 2 I h D 9{III a .�� O N V , I > H w _ _ _/ _ 30 X5/5.. iiiiii 5090 accahi 1 3166 ........7---7---5/50 f? C---: / _ I Levee / iId --� A, �J 34 ' / 35 __„,,,___--, 3 CX) i \ , __ - ' \ 'OCC / �_6 l SS `i\1 11) Cr 1. k.iie xaz w 1 alibi ' a a i. klf.} @D �• Ct 1 5 Ill 69 wELD co. vv. dams CenTe 7) ,t s 1 AX AAAS Od1.,N $ `Aiti y 3 w u. ..3.,ioil,*•-4 4 t4 c �. ,•' % .. _ . ..1 ;:T¢e s ,x FIELD CHECK FILING NUMBER: Z-429:86:4 DATE OF INSPECTION: July 5, 1986 NAME: Frank E. Wilcox REQUEST: Change of Zone from A (Agricultural) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the Si SWi of Section 35, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie; east of I-25 and north of Highway 7 LAND USE: N Agricultural land, residence E Agricultural land, residence S Weld County Road 2 and State Highway 7, agricultural land, KOA campground W I-25 Frontage Road, livestock operation ZONING: N Agricultural E Agricultural S Adams County W Agricultural COMMENTS: Access to the property is from State Highway 7, a paved road. A rural residential site is presently located on the property. The remainder of the property is farmland. There are 2 residences within one-fourth mile of the property. -�-.__� By: Glor34L"L-a4-4..\4-tA . Dunn CurrPlanner { REFERRAL LIST APPLICANT: Clay Carlson CASE NUMBER: Z-429:86:4 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 7, 1986 NO SR NR NO SR NR ✓ / X County Attorney V X Weld County Health Dept. X Engineering Department X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X State Highway Department 1420 2nd Street Greeley, CO 80631 X Adams County Planning Department 4955 East 74th Avenue Commerce City, Co 80022 x Central Weld Water District 2235 2nd Avenue Greeley, CO 80631 X Harlan Else Weld County Planning Commission 815 Fulton / Fort Lupton, CO 80621 k/// X West Adams Soil Conservation District P.O. Box 296 Brighton, CO 80601 ✓ X Brighton Fire Protection District c/o Kenneth Timmerman 425 South Main Brighton, CO 80601 NO=No Objection SR=Specific Recommendations NR=No Response West Adams Soil Conservation District P.O. Box 296 - Brighton, Colorado 8O6O1 - Phone 659-7OO4 July 3, 1986 Ms . Gloria Dunn, Current Planner Weld County, Colorado Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Case Number Z-429:86:4 The soil where this zone change is proposed is Prime Farmland according to the Important Farmland Map for Weld County, Colorado. This soil has a severe limitation for buildings due to its shrink-swell potential and low-bearing strength. The soil has a moderate limitation for shallow excavations due to the clayey texture of the soil. For septic tank absorption fields, the soil has a severe limitation due to its slow perculation rate. We believe a development this size should be on a public sewage system. In areas that are close to irrigation ditches or natural drainageway, subsurface drainage may be needed. Surface drainage should be provided for in a safe non-erosive manner. It should not cause problems for land downs lope. An erosion control plan should be developed so the soil is protected before, during and after urban development. Sincerely, Oscar Haake, �r. , President Board of Supervisors ! !,1`,o 11 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENTBlll CO. QlallOlflk bWN!11S�1!0li h ( r; E R _ fl DU ilkTo Weld County Planning Date June 27, 1986 COLORADO From Health Protection Services s at e-±rj / sbject: Case Number: Z-429:86:4 Name: Wilcox, Frank E. Health Protection Services will require the following for this proposal: 1. The septic system for all commercial operations is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 2. Weld County Septic Permit is required for all domestic septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 3. A septic permit will be denied for any system that is within 400 feet of a community sewer system. It would be preferable for the site to be serviced by a municipal sewage service. By Direction of Ralph R. Wooley, M.D. diii V.' ' 919P Weld Co. Planning Commission CENTRAL WELD COUNTY WATER DISTRICT July 1 , 1986 Stephen Frayser Greeley/Weld County Economic Development P . O. Box CC Greeley , CO 80631 RE : Water Supply to Wilcox Property Sec . 35 , T1N, R68W Dear Mr . Frayser : Thank you for meeting with me to discuss service to the Wilcox property by the Central Weld County Water District . At the regular Board of Directors meeting on June 18 , 1986 , the Board considered your request for service to the property . The Board acted to consider serving water to the facility providing all requirements of the District are met . The Board also authorized me to evaluate requirements to provide service to the property . We are proceeding with the evaluation of our system for service to the Wilcox property . If you have further questions or have additional information regarding the development , please so advise . Respectively , CENTRAL WELD COUNTY WATER DISTRICT Dale D. Olhausen Secretary-Manager CC : Steve Sears o�] pr ,at1i/�ul 1956 r� y' r ppII'' 2235 2nd Avenue • Greeley,Colorado 811631 • (303)352-1284 • Dale D. Olhausen,SecrWa Ap�ahX P Cumullssloh Bureau of Fire Prevention Brighton Fire Protection District Brighton, Colorado June 26 , 1986 Department of Planning Services 915 10 St . Greeley, Colo. , 80631 Re : Case No. Z-429 :86:4 Dear Sir: This office has reviewed the above case number. At this time , I do not have any comments or recommendations to make regarding the rezoning. However , adequate water supply plans for firefighting purposes must be submitted to this office before building can be started . If you have any questions regarding this matter, please call my office . Thank you Sincerely David W. Bruns Fire Inspector DWB/mk JUN 301980 vL. Weld Co. Piannmg Cammussiou 425 South Main Street • Brighton.Cobrado 80601. 659-4101 MAILING LIST, PROPERTY OWNERS Clay Carlson Z-429:86:4 Mountainwest Properties c/o Ball and Associates 6740 Hampden Avenue Denver, Colorado 80237 Irving Kippur 105 South Monaco Denver, Colorado 80222 Lutheran Church Extension Fund Missouri Synod (A Missouri Corp.) 1333 South Kirkwood Road St. Louis, MO 63122 Margaret and Gail Kats Sam and Fred J. Ramaker 10185 East Lake Drive Englewood, Colorado 80111 Baseline Farms c/o Colorado Investor Realty 14991 East Hampden Avenue, #380 Aurora, Colorado 80014 Washington Associates c/o Fuller and Company 1515 Arapahoe Street, #1600 Denver, Colorado 8020 The Van Derbur Corporation 2600 16th Street Denver, Colorado 80211 l MINERAL OWNERS Clay Carlson Z-429:86:4 Union Pacific Railroad Company Rocky Mountain Energy 10 Long Peaks Drive Broomfield, Colorado 80020 REZONING APPLICATION Case # Weld County, Colorado Dept. of Planning Services App. Chid By: Date Rec'd: 915 10th Street App. Fee:_ Receipt #: Greeley, Colorado S0631 Record. Fee 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: 71.611 acres +/- in the South 1, Southwest 4i Section 35, Township 1 North, Range 68 West, of the 6th P.M. (See attached legal.) (If additional space is required, attach an additional sheet) Property Address (if available): The northeast. corner of T-25 and Baseline Road (Rd.#2) PRESENT ZONE Agriculture PROPOSED ZONE C-3 TOTAL ACREAGE 71 .611 OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Frank S. Wilcox Home Telephone #: 452-£3574 Address: 4185 Weld County Road #2 Bus. Telephone #: Brighton, CO 80601 Name: Home Telephone #: Address: Bus. Telephone #: Name: Home Telephone #: Address: Bus. Telephone #: Applicant or Authorized Agent (if different than above): Name: Clay Cartsc . — Home Telephone #: 452-2210 Address: 11990 Grant Street, #100 Bus. Telephone #: 457-2966 Denver, Colorado 80233 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Union Pacific Railroad Company/Rocky Mountain Energy Address: 10 Longs Peak Drive / Broomfield, CO 80020 Name: Address: Name: Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) � STATE OF COLORADO ) f L^-' • Signature: Owner or Authorized Agent Subscribed and sworn to before me this 12th day of June ,1986 . SEAL F — • I ( NOTARY BUBLIC My Commission expires: =x't;t��t1]x 26, 1987 ( _.+ RL 11990 (Jr-i t :.! 8u3t 110 D( ;ive , Cu!uracu 80233 3D3 ar;7-7af' June 12 , 1986 Weld County Department of Planning 915 10th Street Greeley, CO 80631 Re: Proposed zone changes from agriculture to commercial . To whom it may concern: We would like to petition to the County for change of zoning on 72 +/- acres in the South 1/2 of the Southwest 1/4 of Section 35, Township 1 North of the 6th P.M. for the following reasons : 1 . Commercial zoning is more consistent with the compre- hensive plan and will allow a major interchange in the North Metro Denver market to develop in relation to the surrounding area as it develops . The City of Thornton projects a major growth corridor along the I-25 corridor and commercial use of this property is a natural extension of that development. 2 . The projected land use is compatible with the surrounding land uses because of the development along the I-25 corridor, as well as the Baseline corridor, and the location of the interchange . The property to the south is planned for commercial/industrial uses. To the east across the interchange is a livestock sales yard . The properties north and east are also contemplating a possible zoning change . 3 . Utility services to the site can come by several options : 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. (See attached letters . ) Sewer: A. Private septic system. B. Attach to the existing Northglenn treatment facility. (See attached letters . ) Weld County, Department of Planning June 12 , 1986 Page 2 4. Preliminary investigation of the soils indicate that soils are consistent with the metro area and should not hamper any prudent development. 5 . 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. 6. The property is not located in an area with develop- able sand, gravel , or other mineral resources . 7 . The property is not located in a flood plain, geological hazard area or Weld County Airport overlay district area . 8. Attached is a copy of a power of attorney from Frank E. Wilcox granting Clay Carlson power to execute all documents relating to this zoning change . 9. The applicant respectfully requests the right to pre- advertize for the proposed rezoning to facilitate in the development of the parcel . 10. The applicant agrees to pay for the legal advertising costs associated with the notice for public hearings . Sincerely, 1( C Frank E. Wilcox By Clay Carlson, Attorney in Fact r,; JfY al• 40� ?1au'1 tinfi�tll�sig1. MEMORADNUM TO: Weld County Board of Commissioners ( 4-VVIC! LC(.c.,( 4x\ . �C�_ FROM : Frank Wilcox , by Clay Carlson Ca{�4f\`,�\-kr-, _ SUBJECT : Addendum to Letter of June 12 , 1986 DATE : 6/16/86 In the letter of June 12 , 1986, requesting the rezoning of 72 acres of land from agriculture (A ) to commercial ( C-3 ) the full description of the property was inadvertently omitted . The proper description is 72 + acres of the South One-Half (S 1/2 ) of the Southwest Quarter (SW 1/4 ) of Section 35 , Township 1 North ( TIN) , Range 68 West ( R68W ) . Rezoning of the property is consistent with the current goals of the Weld County Comprehensive Plan for the reasons provided in the letter of June 12th , as well as the following : 1 . 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 . 2 . The project will have a positive impact upon Weld County revenues . Estimated annual property tax revenues to Weld County would be $58 , 426 . The addi- tion of 410 jobs with an annual average salary of $30 , 000 each would address the goal of increasing the quality of life of Weld County residents . • 3 . Development of the project within the boundries of current urban areas within Weld County is .not possible for the following reasons : a . Transportation costs for the company require a location with access to 1 -25 and south of Highway 52 ; b . Severe undermining within Weld County in the Tri-Town and Erie areas prevent construction of the project at either location ; c . The large acerage required precludes use of most currently commercially zoned property . POWER OF' ATTORNEY li (LIMITED) KNOW ALL MEN B1• THESE PRESENTS, that 1, Frank E. Wilcox ,of : the _ County of Weld , State of Colorado , reposing special trust • • and confidence in Clay Carlson , of the County , of Adams , State of Colorado , have made,constituted and appointed, and by these presents do make, constitute and appoint the said Clay Carlson my true and lawful ,; attorney to act for me and in my name,place and stead,and for my sole use and benefit,with full power and authority to do and perform each and every act necessary.as fully as I might do if p.rsonally present,to accomplish and complete the •; following act or transaction to wit: To represent me in changing the zoning on approximately 71 .611 acres in the South 1 of the Southwest 4 of Section 35 (see attached legal ) from agriculture zoning (A) to a • commercial zoned district , which right shall include the submittal • and execution of all documents deemed necessary by the county of Weld for such a zoning change. • ! *This Power of Attorney shall not be affected by disability of the.principal. "i7S4169WeiRIVAe4t6rf j/alYikavi%/'1 c `s/ttiA114/0414{ irtr olIWAY46 / '''This Power of Attorney shall automati I I expire by its own terms upon completion of the limited purpose set forth above. 1 .EXECUTED this ~Ldal 1% .7o --- • , 19 , , 7_?.."-- .„.• • / 4"/• e , ..•........„... . , __6...,-,...,,-6,' ,_., ./4. . -4 - - C.,t.''''‘-' • Prim.ip,t: STATE OF ' County of • ' ' • The foregoing instrument was acknowledged before me this ' day of , 19 . • by ; t ' • . . '. .' _• ', . , the Principal. • { " 1 =. G , Witness my hand and official seal. ` \„t.r ' My commission expires: -_.-r / , I t, • ' t' , y' '• ` : r Addre•, 'Strike according to fact. n Co I c.uucn Sie1141U11.W Neill I Atunnrcl `✓ti-r�✓ . ,,'r. No.341., M)wER O) ATIORNEN tumult, H1ddf.'tl Yuldi,hwy.SK:,vv hth At .I.akr wood.CO Ntt214—tlP}12ta.hwnt I4I ' Cupynyht 14f'. rrr1rrvi 1 nr 1NIFPIS1 0WN[PS SUPrACE FSTAlE Application No. Subject Property Wilcox 72 +/- acres , 1-25 and Baseline Road, Northeast corner . STATE OF COLORADO ss. COUNTY OF ADABLS ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Adams County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the AdamsCounty Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Adams County Clerk and Recorder. The list compiled from the records of the Adams County Assessor shall have been assembled within thirty (30) days of the application submission date. �, << C wzl The foregoing instrument was subscribed and sworn tc before me this 12ttday June , 1986 by Frank F . Wilcox, by Clay Carlson Attorney in Fact WITNESS my hand and official seal . My Commission expires : September 26 , 1987 .;i,.. `C' (CcC_ _CCU JO' , Notary Public s . 3;� 1C. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type -� NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP (WE IDENTIFICATION 11 Baseline Fat-,r 1573-02-0-033 c/o Colorado Investor Realty 1573-02-0-032 14991 East Hampden Ave . , *380 1573-02-0-037 Aurora, Colorado 80014 Washington Associates 1573-02-0-00-043 c/o Fuller and Company 1515 Arapahoe St. , #1600 Denver, Colorado 80202 The Van Derbur Corporation 1573-03-0-029 2600 16th Street Denver, Colorado 80211 AFFIPAVIT OF INTEREST OWNEPS SURFACE ESTATE Application No. Subject Property Wilcox 72 +/- acres , I-25 and Baseline Road, Northeast corner . STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. At (11 PI (1 Cam, cam- The foregoing instrument was subscribed and sworn to before me this 12thday June , 19 86 by Frank R . Wilcox, by Clay Carlson Attorney in Fact WITNESS my hand and official seal . My Commission expires : September 26 , 1987 • ! C_ L . „AC5i ,+ t. Notary Public e—c " / r', NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND 'zlP (:ODF IDENTIFICATION U Mountainwest Properties - 60% Interest . 1467-3.5-000-003 - ' ____ Weld County - 80-40% Interest — - '_- --- _ _ __ c/o Ball & Associates 6740 E. Hampden Avenue Denver, CO 80237 State of Colorado 1467-35-000-005 - Kippur Irving 1467-35-000-008 105 S. Monaco Denver, CO 80222 Lutheran Church Extension Fund 1467-35-000-024 Missouri Synod (A Missouri Corp.) 1333 S. Kirkwood Road St. Louis, MO 63122 — -----_�..--- Kats Margaret & Gail D. & Sam & Ramaker, Fred J. 1467-34-000-010 10185 E. Lake Drive —�� _—.._-- --- -. Englewood.& CO 80111 Z.I Jn "'I.ea --1 Litv Cl�y of 11701 Community Center Drive or CI lenn Northglenn, Colorado 80233 g Phone(303)451-8326 June 12, 1986 PICKED UP Stephen Frayser Greeley/Weld County Economic Development P. O. Box CC Greeley, CO 80631 RE : Water Supply - Fire Protection Dear Stephen: The water supply for fire protection, to commercial developments in the vicinity of Section 35, Weld County, from Northglenn' s plant facilities is feasible. The supply will be subject to regulatory requirements . We can assure you of our cooperation in obtaining water for fire protection. Please understand that to provide a water supply, we would have to negotiate in terms of an exchange of water rights (Farmers ' Reservoir and Irrigation Company shares) and applicable fees and charges . If I can be of assistance in proceeding further with the negotiations, please let me know. Sincerely, /e-w— aitAAJ-J—AA-A,^—/ Tom Ambalam, P .E. Director of Natural Resources TA/s lm xc: Water and Sanitation Board David A. Hawker, City Manager Herbert C. Phillips , City Attorney ECEIVEU APR 2 city o, 11701 Community Center Drie 5 19bu Orfh, X01771 Noringlenn, Colorado 80233 . ,� g Phone (303)451-8326 dot April 24 , 1966 Stephen Frayser Greeley/Weld County Ecomonic Development P. O. Box CC Greeley, CO 80631 RE: Water Supply - Fire Protection Dear Stephen: Enclosed is a copy of the Utility Connection Charges Ordinance adopted by the City of Northglenn. The ordinance is applicable within the city limits and charges for out- of-city customers are approved on a case-by-case basis. The charges include wastewater service for the customer. If we provide water service only, our cost may have to be adjusted. I just want you to know that it is feasible to provide wastewater service also. Several developers in this area have approached us regarding wastewater service and possibilities for a combined pipeline may exist. Please contact me with the details of the facility and the augmentation plan. If we can be of assistance, in matters relating to water/wastewater service, please do not hesitate to call. Sincerely, 1 t Tom Ambalam, P.E. Director of Natural Resources TA/slm Enclosure • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property The South Half (3%) of the Southwest Quarter (SW%) of Section Thirty Five (35) , Township One (1) North, Range Sixty-eight (68) West of the 6th P.M. , Weld County, Colorado STATE OF COLORADO ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to time 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 oyners 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 By c-_-_214_,,,,:-, Th y i, �\ L.,-,-7--c{ Denver 4 Wiggins, Pres. The foregoing instrument was subscribed and sworn to before me 1 this 18th day of June , 1986 By Denver M. Wiggins as President of SECURITY ABSTRACT COMPANY OF WELD COUNTY WITNESS my hand and official seal , My Commission expires : My Co`r''ni lion Expires Dec. 19, 1986 Notary Public MINERAL OWNERS CHAMPLIN PETROLEUM COMPANY, a Delaware Corporation (Union Pacific Railroad Company) 28 SOIL SURVEY 40—Nunn loam, 1 to 3 percent slopes. This is a deep, vegetation should be continued for as many years as well drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and feet. It formed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russian-olive, and deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac, sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. v; Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The 4 brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked brownish gray clay loam about 12 inches thick. The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. tial and should be included in plans for habitat develop- Permeability is moderately slow. Available water ment, especially in areas of intensive agriculture. Range- capacity is high. The effective rooting depth is 60 inches land wildlife, for example, the pronghorn antelope, can be or more. Surface runoff is medium, and the erosion attracted by developing livestock watering facilities, hazard is low. managing livestock grazing, and reseeding where needed. In irrigated areas this soil is suited to all crops com- This soil has fair to poor potential for urban develop- monly grown in the area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorption fields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water picnic areas and playgrounds. Capability subclass Ile ir- management is essential. Barnyard manure and commer- rigated, IIIe nonirrigated; Loamy Plains range site. cial fertilizer are needed for top yields. 41—Nunn clay loam, 0 to 1 percent slopes. This is a Most nonirrigated areas are used for small grain. The deep, well drained soil on terraces and smooth plains at soil is summer fallowed in alternate years. Winter wheat elevations of 4,550 to 5,150 feet. It formed in mixed allu- is the principal crop. If the crop is winterkilled, spring vium and eolian deposits. Included in mapping are small, wheat can be seeded. Generally precipitation is too low long and narrow areas of sand and gravel deposits and for beneficial use of fertilizer. small areas of soils that are subject to occasional flooding. Such practices as stubble mulch farming, striperopping, Some small leveled areas are also included. and minimum tillage are needed to control soil blowing Typically the surface layer of this Nunn soil is grayish and water erosion. brown clay loam about 9 inches thick. The subsoil is light The potential native vegetation is dominated by blue brownish gray clay loam about 14 inches thick. The upper grama. Several mid grasses, such as western wheatgrass part of the substratum is clay loam. The lower part to a and needleandthread, are also present. Potential produc- depth of 60 inches is sandy loam. tion ranges from 1,600 pounds per acre in favorable years Permeability is moderately slow. Available water to 1,000 pounds in unfavorable years. As range condition capacity is high. The effective rooting depth is 60 inches deteriorates, the mid grasses decrease; blue grama, buf- or more. Surface runoff is slow, and the erosion hazard is falograss, snakeweed, yucca, and fringed sage increase; low. and forage production drops. Undesirable weeds and an- This soil is used almost entirely for irrigated crops. It nuals invade the site as range condition becomes poorer. is suited to all crops commonly grown in the area, includ- Management of vegetation on this soil should be based ing corn, sugar beets, beans, alfalfa, small grain, potatoes, on taking half and leaving half of the total annual produc- and onions. An example of a suitable cropping system is 3 tion. Seeding is desirable if the range is in poor condition. to 4 years of alfalfa followed by corn, corn for silage, Sideoats grama, little bluestem, western wheatgrass, blue sugar beets, small grain, or beans. Few conservation prac- grama, pubescent wheatgrass, and crested wheatgrass are tices are needed to maintain top yields. suitable for seeding. The grass selected should meet the All methods of irrigation are suitable, but furrow ir- seasonal requirements of livestock. It can be seeded into rigation is the most common. Barnyard manure and com- a clean, firm sorghum stubble, or it can be drilled into a mercial fertilizer are needed for top yields. firm prepared seedbed. Seeding early in spring has Windbreaks and environmental plantings of trees and proven most successful. shrubs commonly grown in the area are generally well Windbreaks and environmental plantings of trees and suited to this soil. 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