HomeMy WebLinkAbout850117.tiff A82033443
RESOLUTION
RE: GRANT CHANGE OF ZONE FROM I-3 (INDUSTRIAL) TO C-3
(COMMERCIAL) FOR DENNIS R. MUCK
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
(N O
WHEREAS, a public hearing was held on the 16th day of
�•o October, 1985 , at 2 :00 p.m. for the purpose of hearing the
o application of Dennis R. Muck, 6464 Greenbriar Drive , Englewood,
ca Colorado 80111 , requesting a Change of Zone from 7-3 (Industrial)
a to C-3 (Commercial) for a parcel of land located on the following
o A described real estate, to-wit:
oa
lrw Part of Lot 10 , Arlington Gardens; a
subdivision located in part of the SE4,
u Section 17 , Township 5 North, Range 65 West of
the 6th P.M. , Weld County, Colorado
R4
c WHEREAS , Section 21 .6 .2 of the Weld County Zoning Ordinance
oz provides standards for review of such a Change of Zone, and
v, a WHEREAS, the Board of County Commissioners heard all the
co V
testimony and statements of those present, has studied the request
H of the applicant and the recommendations of the Weld County
-'141 Planning Commission, and, having been fully informed, finds that
.-, a this request shall be approved for the following reasons:
�d', W 1 . The submitted materials are in compliance with
w application requirements of Section 21 . 7 of the Weld
,-, z County Zoning Ordinance.
oz
o 2 . It is the opinion of the Board of County Commissioners
ow of Weld County, Colorado, that the applicant has shown
compliance with Section 21 .6 of the Weld County Zoning
a
Ordinance as follows:
moo
CFI '-4
c mm a) The applicant has demonstrated that the zoning of
the property under consideration is faulty.
¢' w Commercial land uses have occupied the subject site
for more than twenty years.
b) The uses which would be allowed on the property by
granting the Change of Zone will be compatible with
surrounding land uses. The subject site is located
adjacent to the municipal boundaries of Garden
City. Garden City is not zoned; however, uses
within the municipal boundaries of Garden City
i r ✓ ;
405902
,
850117
Page 2
RE: COZ - DENNIS R. MUCK
adjacent to the subject site are commercial and
service oriented uses, and are compatible with uses
allowed in the County' s Commercial-Three Zone
District.
c) The Town of Garden City has reviewed the request
and found it to be compatible with their interests.
d) The subject site is served by a public sewer
system.
e) Sixth Avenue will provide adequate access to the
site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application of
Dennis R. Muck for a Change of Zone from I-3 (Industrial) to C-3
(Commercial) on the above referenced parcel of land be, and hereby
is, granted.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
October, A.D. , 1985 .
t BOARD OF COUNTY COMMISSIONERS
ATTEST': 3:.;`.__ � WELD COUNTY, COLORADO
Weld ., Recorder p s_
and Clerk ¶' trherBeard n' e Joh s n, Chairman
BY: tSt (' yflfl) ( gene R. Br to Pro-Tem
Deputy County C erk
APPROVE AS TO FORM: C. . K ��
C •
I:1>Q COe'eeS G r i . L c
County Attorney � EXCUSED DAT OF SIGNING - AYE
Frank Yamaguchi
B 1093 REC 02033443 11/26/85 09: 55 $0.00 2/002
F 0319 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
HEARING CERTIFICATION
DOCKET NO. 85-70
RE: CHANGE OF ZONE FROM I-3 (INDUSTRIAL) TO C-3 (COMMERCIAL) - DENNIS
R. MUCK
A public hearing was conducted on October 16, 1985, at 2:00 P.M. , with
the following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Gloria Dunn
The following business was transacted:
I hereby certify that pursuant to a notice dated September 11, 1985,
and duly published September 12, 1985, in the Johnstown Breeze, a
public hearing was conducted to consider the request of Dennis R. Muck
for a Change of Zone from I-3 (Industrial) to C-3 (Commercial) . Lee
Morrison, Assistant County Attorney, made this matter of record.
Gloria Dunn, Planning Department representative, read the favorable
recommendation of the Planning Commission into the record. Ms. Dunn
said this site was zoned Industrial on October 5, 1962. She said the
historic use of this property has been a tavern as a non—conforming
use, because this use existed prior to the site being zoned Industrial.
The use as a tavern was abandoned for more than six months, causing the
nonconforming use to cease to exist. Sean O'Hayre, representing the
applicant, came forward to answer questions of the Board. There were
no comments from the audience. Commissioner Brantner moved to approve
the request of Dennis R. Muck for a Change of Zone from I-3
(Industrial) to C-3 (Commercial) . The motion was seconded by
Commissioner Lacy and carried unanimously.
This Certification was approved on the 21st day of October, 1985.
APPROVED:
�� s, BOARD OF COUNTY COMMISSIONERS
ATTEST: \-11,m ' rlAr¢ chid WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J. . e E e John_o , Chairman
By:j .DtA kkt.Ca/Yn 6_te
Deputy County Cle k Gene R. Brantner, Pro-Tem
C.W. tir 7'2
Go a'
EXCUSED
Frank Yamaguchi
TAPE #85-89
DOCKET #85-70
LHR 2282
-ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS : OCTOBER 16, 1985
DOCKET #85-69 - COZ (PUD TO A) H. GORDON JOHNSON, ET AL
DOCKET #85-70 - COZ (I-3 TO C-3) DENNIS R. MUCK
SOCKET 1185-72 - SERVICE PLAN - ST. VRAIN SANITATION DISTRICT
DOCKET #85-73 - SNOW CAUSE - ARNOLD & BEVERLY TETER
DOCKET #85-77 - USR (AGRICULTURAL SERVICE OPERATION ) JOSE A. GONZALES
#85-78 - USR (DRY, OPEN-CUT SAND & GRAVEL OPERATION) RICHARD M. SWINNEY
PLEASE write or print legibly your name, address and the IOC a (as - '
above) or the abolicants name of the hearing you are attending.
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NOT I C E
Pursuant to the zoning Taws -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
certified 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 certified court reporters in
the area. If a court reporter is obtained, the Clerk to the Board's Office
shall be advised in writing of such action at least five days prior to the
hearing. The cost of engaging a court reporter shall be borne by the
-requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 85-70 :Dennis R. Muck
6464 Greenbriar Drive
Englewood, Colorado 80111
DATE: October 16, 1985
TIME: 2:00 P.M.
REQUEST: Change of Zone from I-3 (Industrial) to C-3 (Commercial)
LEGAL DESCRIPTION: Part of Lot 10, Arlington Gardens; a subdivision located
in part of the SE} , Section 17, Township 5 North, Range
65 West of the 6th P.M. , Weld County, Colorado
PROPERTY ADDRESS: 2630 6th Avenue, Greeley, Colorado 80631
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: September 11, 1985
PUBLISHED: September 12, 1985, in the Johnstown Breeze
is _04
a AFFIDAVITOF PJJBJItATION
to
the on of
Co
THE JOHNSTOWN BREEZE
Coloradaet STATE OF COLORADO l
NIperverts In 1 a5
r
Irdamielad to the COUNTY OF WELD I
htd
risfested to heard. she" I, Clyde Briggs, do solemnly swear that I
am publisher of The .Johnstown Breeze;
BSnoule the ippliceot man that the same is a weekly newspaper
pro n . diparty printed, in whole or in part, and published
e.int* NI addltiOn-MP the
to Slap in the County of Weld, State of Colorado,
dulled a� " will and has a general circulation therein; that
tl+e can
C said newspaper has been published
tactedrs St Myr continuously and uninterruptedly in said
reporter isobt°lited.the 1 County of Weld for a period of more than
the Boards Office -shag be fifty-two consecutive weeks prior to the
advised In rating of such pylon
-Wit free da afpn°` to me first publication of the annexed legal notice
:OUtti MIP allot bs'eA �°, or advertisement; that said newspaper has
-_ gee. _been admitted to the United States mails as
al ft maw* second-class matter under the provisions of
the Act of March 3, 1(179, or any
rvrewftery amendments thereof, and that said
Mice Of the °'k newspaper is a weekly newspaper duh
M the
Center gel ' tom I qualified for publishing legal notices and
Thom Greeley, Cobneo. advertisements within the meaning of the
DOCKET NO. ss•To laws of the State of Colorado.
�P L T That the annexed legal notice or advertise-
_64134 DennisnR ment was published in the regular and
#ngIewood, Colgrado entire issue of every number of said weekly
iff11t newspaper for the period of .../.. consecu-
DATE: October 18, 1985 tive insertions; and that the first
-TIME: 2:00 P.M. publication of said notice was in the issue of
-REQUEST:Change said newspaper dated' i:?,.., :1.11. L$5^
ago C-3 (C�o - and that the last publication of said notice
RE UEST: h to C•3 (Cpn
me aq was in the issue of said newspaper dated
L₹DAL DESCRIPTION: Pan'of A.D. 19
Lot v0, Arlington GpM
a
subdivision located in am of the enr a In witness whereof I have hereunto set
SEW Section 1T, Township 5 my hand this ...L. day of ...r.‘f'
North,Range 85 west of Ms gm
P.M.. Weld County, Colorado A.D. 19..65
PROPERTY ADDRESS: 26308th
By 1e, Greeley. Colorado
0,4177
Publisher
BOARD OF_COUNTY
COMMISSIONERS
WELD COUNTY,
COLORADO Subscribed and sworn to before me, a
BY: MARY I ANN Notary Public in and for the County of
COUNTY
O EttggEERSTEAqIN� We , State of Colorado, this ..77... day of
RECORDER ER ANQRCKLERK f A.D. 19.,,S.-..
TO THE BOARD G
BY: Mary Reiff, Dopy*
September 11,1'* '.,f /"r:se L7" 7 =-e
F1'a Mr' Jcittregrea Notary Public.
My_commission expires
V\ Ju C0 iGr
i937
;-.'" .3-1
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Willett,. S. tlarlccon of
said County of Weld, being duly sworn, say that I am
an advertising clerk of
THE GREELEYDAILY 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
(days) UMW;); that the notice was published in the
regular and _entire issue of every number of said
newspaper during the period and time of publication of
M0Wf steel I °tsaid notice, and in the newspaper proper and not in a
maM>r imxestag M the Wowing'wetwew G spaP P P
NthaRemfaml may beheard. ,y n Zone are
aatcerroranylm.rstedpartyclaiethepreience supplement thereof; that the first publication of said
!MOOaddtrtifi N reporter to make a record or me proceedings.In}}pp ,�70pppaadd record Which will be kept during me nearina notice was contained in the issue of said newspaper
MMO aarten t yetis.If a MBeardni M can be contacted fora list or court bearing date
!Mardis Office Shah be adviseds In writing of tueKylNon at least fi reporter Is obtained:the-Clerk to ve deportee to the nearing.The cost of engaging a Wet t reporter shall be bornebv the reinvesting perry. x odd '1'h i rd
ea IT ALSO
*Commission text ay be Mammal In nuffklGO°6f
Weld Comfy day of October A.D. 19 85
the Clerk b the--Board NCoontYCommlglaMrs,Heated In tile weld
County Centennial Center,915 10th SIreN, Third.Floor, Greeley. and the last publication thereof; in the issue of said
cawadn.
DOCKET NO.63-70 - APPLICANT newspaper bearing date the
yemnis R.briar Drive
e
6464n
DATE:' - Englewpad,Colorado S0l l l
October 16,1955
TIME g,0o-pM. Third
REQCOST:Chen of zone from I-3(Industrial)tetiC.3(Commer- day October of
hallfl.D. 19 R5
„LEGAL DESCRIPTION: Part of Lot ao. AMMO," cerde1le; e that said The Greeley Daily Tribune and The Greeley
subdtvat n located In part of the SEW,Section 17,TmanNlp S North,
ne. es ofOwOh M„WNdn* Republican, has been
MR0PIER DDREas:2N0emAvenue,,t•'r Coael cNoredeloyl p published continuously and
aOARDOF COUNTY [SWORE Rag"- uninterruptedly during the
WELD COCARY A/lN�jT,COLORADO' P y period of -at least six
COUNTY C CLERK Al1O RECORDEPEUERSTER months next prior to the first issue thereof contained
AND CLERK TO THE BOARD said notice or advertisement above referred to; that said
DATED':September n,1995 By:nl5defMN9,Deputy
rs qr;1 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.
October 3,1985
Total Charge: $26.88
Advertising Clerk
Subscribed and sworn to before me this
3 ; day of October A.D. 19 85
commis on expires Jf I J" -- , �'fl1pa
rte._ �ary Public
DATE: _September 11 , 1985
TO: The -Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the -Board Office
Commissioners:
If you have no objections, we have tentatively set the
following hearing for the 16th day of October, 1985 , at 2 : 00 P.M.
Docket No. 85-69 - H. Gordon Johnson, et al, COZ - PUD (Planned
Unit Development) to A (Agricultural)
Docket No. 85-70 - Dennis R. Muck, COZ - 7-3 (Industrial) to C-3
(Commercial)
•
OFFICE OF THE C TO THE BOARD
BY: i ).4 ` Deputy
The above mentioned hearing date and hearing time may be scheduled
onon the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
.tij.i
is °?/‘ ‘<
A.," ��
Summary of the Weld County Planning Commission Meeting
September 3, 1985
Page 7
The Chairman asked that reading of the Department of Planning Services -staff
recommendation-s and conditi-ons be dispensed with and that they be filed with
the summary as a permanent record of these Proceedings.
MOTION:
Lydia Dunbar -moved Case Number S---421:85:7 for H. Gordon Johnson, et al. , for
a Change of Zone from Planne-d Unit Development to Agricultural zoning be
forwarded to the Board of County Commissioners with the Planning
Commission's recommendation for approval based upon the recommendati-ons and
conditions as outlined by the Department of Planning Services staff and the
testimony heard by the members of the Planning Commission. Motion seconded
by Bill McMurray.
The Ihai-rman asked the secretary to poll the members of the Planning
Commission for their decision. Paul-ette Weaver - yes; Doug Graff - yes;
Lydia Dunbar - yes; won Johnson - yes; Bill McMurray - yes; Louis
Rademacher - yes; Ann Garrison — yes; Jack Holman - yes; Sharon
Linhart — yes. Motion carried unanimously.
CASE NUMBER: Z-422:85:8
APPLICANT: Dennis R. Muck
REQUEST: A Change of Zone from 1-3 (Industrial) to C-3 (Commercial)
-LEGAL DESCRIPTION: Part of Lot l0 in Arlington Gardens, a subdivision
located in part of the -SE%, Section 17, 75N, R6-5W of the
6th P.M. , Weld County, Colorado
LOCATION: Adjacent to Garden City; north of Weld County Road 56 and vast of
U.S. Highway {45
APPEARANCE:
Stan 0'mera, represented the applicant. He reported the only reason this
property reverted back to Industrial-Three zoning was because they slid not
realizes the person who had -rented the property had failed to use the
prop-erty as it had previously -been used.
Lee Morrison stated this -was a nonconforming use and was abandonded. The
property then automatically reverted back to Industrial-Three.
The Chairman called for discussion from she mmembers of the audience. -There
was none.
The Chairman asked if the applicant -had reviewed the recommendations and
conditions as outlined by the Department of Planning S-ervices staff. He
reviewed them and had no objections to anything outlined.
Ex/r).5/7 L.-
Summary of the Weld County Planning Commission Meeting
_September 3, 1985
Page 8
She Chairman asked that reading of the recommendations and conditions as
outlined by the Department of Planning Services staff be dispensed with and
that they be filed with the summary as a permanent record of these
proceedings.
MOTION:
Louis Rademacher moved Case Number Z-422:85:8 for Dennis 12. Muck for a
Change of Zone from Industrial-Three 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 the testimony heard by the
members of the Planning Commission. Motion seconded by Don Johnson.
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. Paulette Weaver - yes; Doug Graff - yes;
-Lydia Dunbar - yes; Don Johnson - yes; Bill McMurray - yes; Louis
Rademacher - yes; Ann Garrison - yes; Jack Holman - yes; Sharon
linhart - yes. Motion carried unanimously.
CASE NUMBER: USR-696:85:40
APPLICANT: Jesse L. and Peggy J. Yarbrough
REQUEST: A Use by Special Review permit for a horse training and boarding
facility
LEGAL DESCRIPTION: Lots 14, 15, and 16, in Vantage Acres; a subdivision
located in part of the S1, Section 17, TIN, 865W of the
6th P.M. , Weld County, Colorado
LOCATION: Approximately 2 miles southwest of Hudson; north of Weld County
Road 8 and west of Weld County Road 41
APPEARANCE:
Jesse Yarbrough, property owner and applicant, stated they want to build an
eighty by one hundred and twenty foot building to be used year around to
train horses, which they show. This is a 13.5 acre parcel of land. There
will be no stalls in this building. At sometime in the future they may
train horses for others, but there will never be more than twenty horses on
the property at one time. Horses would not be boarded unless they are being
trained.
The Chairman called for discussion from the members of the audience. There
was none.
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Louis Rademacher that the following resolution be introduced for
passage by the Weld County Planning Commission. Be NUFoll^Ge4 pL4the Weld
County Planning Commission that the application for: 0 57 '�
; r
CASE NUMBER: Z-422:85:8 it�
SEP 6 1985
NAME: Dennis R. Muck roc
�h.
ADDRESS: 2630 6th Avenue, Greeley, Colorado 80631ReEL y, coLo
REQUEST: Change of Zone from I-3 (Industrial) to C-3 (Commercial)
LEGAL DESCRIPTION: Part of Lot 10 in Arlington Gardens; a subdivision
located in part of the SEA, Section 17, T5N, R65W of the
6th P.M. , Weld County, Colorado
LOCATION: Adjacent to Garden City; north of Weld County Road 56 and east of
U. S. Highway 85
be recommended favorably to the Board of County Commissioners for the
following reasons:
1. The submitted materials are in compliance with application
requirements of Section 21.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Weld County Planning Commisison that the
applicant has shown compliance with Section 21.5 of the Weld
County Zoning Ordinance as follows:
- The applicant has demonstrated that the zoning of the
property under consideration is faulty. Commercial
land-uses have occupied the subject site for more than
twenty years;
- The uses which would be allowed on the property by
granting the change of zone will be compatible with
surrounding land-uses. The subject site is located
adjacent to the municipal boundaries of Garden City.
Garden City is not zoned, however, uses within the
municipal boundaries of Garden City adjacent to the
subject site are commercial and service oriented uses,
and are compatible with uses allowed in the County's
Commercial three zone district;
- The Town of Garden City has reviewed the request and
found it to be compatible with their interests.
45x/if/Air
Z-422:85:7
Dennis R. Muck
September 3, 1985
Page 2
The subject site is served by a public sewer system;
Sixth Avenue will provide adequate access to the site.
Motion seconded by Don Johnson.
Vote:
For Passage Against Passage
Paulette Weaver
Doug Graff
Iydia Dunbar
Don Johnson
Bill McMurray
Louis Rademacher
Ann Garrison
Jack Holman
Sharon Linhart
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 September 3, 1985,
and recorded in Book No. IX of the proceedings of the said
Planning Commission.
Dated the 4th day of September,
1985. \
Qoc>d
Bobbie Good
Secretary
ADDITIONAL COMMENTS
Dennis R.Muck
Z-422:85:8
This site was zoned I-3 (Industrial) October 5, 1962. The historic use of
the property has been a tavern; this use existed prior to the above
referenced zoning date as a nonconforming use. According to Section 73.3 of
the -Weld County Zoning Ordinance, "If any such nonconforming use of land
ceases for any reason for a period of more than six (6) months, any
subsequent use of such lot or parcel shall conform to the regulations
specified by this Ordinance for the zoning district in which such lot or
parcel is created." When the tavern use was abandoned for six months the
property reverted to the I-3 (Industrial) zoning designated for that area.
TNvr:TCRY OF ITEMS SUPMITTED FCR CONSIDERATION
//'n r I
Case Number d�d� ' OJ rr Submitted _or Prepared
Prior
to Hearing At Hearing
1. Application /( Pages
2. Application -plat (s) / -page(s)
3. DPS Referral Summary Sheet
V/4. PPS Recommendation
5. DPS Surrounding Propery Owner Mailing List r/
6. DPS Mineral Owners Mailing List
7. S DPS Maps Prepared by Planning Technician L//
B. DPS Notice of Hearing ✓/
9. SIPS Case Summary Sheet
10. SIPS Field Check
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
I hereby certify that the /0 items identified herein were submitted to the
Department of -Planning Services at or prior to the scheduled Planning -Commission
hearing. I further cert'fv that these items were., orwarded to the Clerk to the
'Board's office on j y� & 19
Current Pla _ner
STATE OF COLORADO )
COUNTY OF WELD
SUBSCRIBED -AND SWORN TO BEFORE ME THIS Icril DAY OF %9 \rR Nw. 19%%
SEAL
�eaenA
NOTVIRY PUBLIC
E
My Commission Expires Feb. 13, 1989
MY COMMISSION EXPIRES
EXHIBIT INVENT:MY CONTROL SHEET
Case G 2- //�r,,,f['/.�
Exhibit Submitted By Exhibit Description c_•�
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Date: September 3, 1985
CASE NUMBER: Z-422:85:8
NAME: Dennis R. Muck
ADDRESS: 2630 6th Avenue, Greeley, Colorado 80631
REQUEST: Change of Zone from I-3 (Industrial) to G-3 (Commercial)
LEGAL DESCRIPTION: Part of Lot 10 in Arlington Gardens; a subdivision
located in part of the SEA, Section 17, T5N, R65W of the
6th P.M. , Weld County, Colorado
LOCATION: Adjacent to Garden City; north of Weld County Road 56 and east of
U. S. Highway 85
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance -with application
requirements of Section 21.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services staff
that the applicant has shown compliance with Section 21.5 of the
Weld County Zoning Ordinance as follows:
- The applicant las demonstrated that the zoning of the
property under consideration As faulty. Commercial
land-uses have occupied the subject site for mare than
twenty years;
- The uses -which -would le allowed on the property by
granting the change of zone -will be compatible with
surrounding land-uses. The subject site is located
adjacent to the municipal boundaries of Garden Iity.
Garden City is not zoned, however, uses within the
municipal boundaries of Garden City adjacent to the
subject site are commercial and service oriented uses,
and are compatible with uses allowed in the County's
Commercial three zone district;
- The Town of Garden City has reviewed the request and
found it to be compatible - with their _interests.
- The subject site is served by the City of Greeley sewer
system;
- The subject site As served by the City of Greeley water
system;
- Sixth Avenue will provide adequate access to the site.
LAND-USE APPLICATION
SUMMARY SHEET
Date: August 27, 1985
CASE NUMBER: Z-422:-85:8
NAME: Dennis R. Muck, 6464 Greenbriar Drive, Englewood, Colorado 80111
PROPERTY ADDRESS 2630 6th Avenue, Greeley, Colorado 80631
REQUEST: A Change of done from I-3 (Industrial) to C-3 (Commercial)
LEGAL DESCRIPTION: Part of Lot 10, Arlington Gardens in part of the SE',
Section 17, T5N, R65W of the 6th P.M. , Weld County,
Colorado
LOCATION: Adjacent to Garden City; north of Weld County Road 56 and east of
U.S. Highway 85 Bypass
SIZE OF PARCEL: .817 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 Service-s has not yet received recommendations
from the Greeley Planning Commission and the town of Rosedale.
No objections have been raised regarding this application.
REFERRAL LIST
APPLICANT: Dennis R. Muck NUMBER: Z-422:85:8
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: August 23, 1985
NO SR NR NO SR NR
County Attorney X Evans Planning Commission
c/o Galen Kane
_ Weld County Health Dept. P.O. Box 59
Evans, CO 80620
_ Engineering Department
X Greeley Soil Conservation
County Extension Agent Service
4302 7th Street Road
_ Office of Emergency Mngmt Greeley, CO 80631
State Engineer V X Western Hills Fire
Division of Water Resources Protection District
1313 Sherman St. , Room 818 1804 Cherry Avenue
Denver, CO 80203 Greeley, CO 80631
State Highway Department X Taulette Weaver
1420 2nd Street Weld County Planning Comm.
Greeley, CO 80631 1725 12th Avenue
Greeley, CO 80631
_ Colorado Department of -Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
X City of Greeley Planning -Department
919 7th Street
Greeley, CO 80631
_ Tri Area Planning Commission
P.O. Box 363
Frederick, CO 80530
X Town of Garden City
c/o Luanne Hummels
P.O. Box 1214
Greeley, CO 80632
X Town of Rosedale
Bev Nielsen
2621 8th Avenue
Greeley, CO 80631
NO=No Objection
SR-Specific Recommendations
NR=No Response
FIELD CHECK
FILING NUMBER: Z-422:85:8 DATE OF INSPECTION: August 16, 1985
NAME: Dennis -R. Muck
REQUEST: Change of Zone from I-3 (Industrial) to C-3 (Commercial)
LEGAL DESCRIPTION: Part of Lot 10, Arlington Gardens in fit. SEZ of Section
17, T5N, R65W of the 6th P.M. , Weld County, Colorado.
LOCATION: Adjacent to -Garden City, north of Weld County Road 56 and east of
U. S. Highway 85.
LAND USE: N Truck and auto store, restaurant
E Auto storage, Economy Building Materials
S 26th Street Road, auto sales and parts store
W 6th Avenue, U.S. Highway 85
ZONING: N Garden City
E I-3 (Industrial) , C-3 (Commercial) , Greeley
S I-3 (Industrial) , Evans
W Garden -City
COMMENTS:
Access is to 6th Avenue, paved. One vacant structure is on the west side of
the property. Parking is to the west, south and east of the building. The
extreme east end of the lot is undeveloped.
By: ..tiro
Gloria V. Dunn
Current Planner
ADVANCE
LAND-USE APPLICATION
SUMMARY SHEET
September 3, 1985, Planning Commission Agenda
CASE NUMBER: Z-422:85:8
NAME: Dennis R. Muck, 6464 Greenbriar Drive, Englewood, CO 80111
PROPERTY ADDRESS: 2630 26th Avenue, Greeley, Colorado 80631
REQUEST: A Change of Zone from I-3 (Industrial) to C-3 (Commercial)
LEGAL DESCRIPTION: Part of Lot 10, Arlington Gardens in part of the SEA,
Section 17, T5N, R65W of the 6th P.M. , Weld County,
Colorado
LOCATION: Adjacent to Garden City; north of Weld County Road 56 and east of
U.S. Highway 85 Bypass
SIZE OF PARCEL: .817 tcres
DEPARTr_. .T OF PLANNING SERVICES
l PHONE(3031 356-4000 EXT.4400
915 ICit STREET
GREELEY, COLORADO 80631
ei 4 r
IIb
i - ;, 4v4":0
'y ®.'..
Y'•
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on
September 3, 1985 at 1:30 p.m. to review a request -for approval of a change
of zone from 1-3 (Industrial) to C-3 (Commercial) from Dennis R. Muck on a
parcel of land described as Pt. SE' of Section 17, T5N, R65W of the 6th
P.M. , Weld County, Colorado, containing .817 acres, more or less.
The public hearing to be held by the Weld County Planning Commissi-on 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 September 3, 1985.
Copies of the application are available for public inspection in the
Department of Planning Services, Room 342, Weld County Centennial Center,
915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400.
Robert E. Ehrlich, Chairman
Weld County Planning Commission
To be published in the Johnstown Breeze
To be published one (1) time by August 15, 19-85
Received by: At_
(J
Date:
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MAILING LIST
MUCK
Z-422
SURROUNDING PROPERTY OWNERS LIST
Gary & Carol Greenwood
2620 6th Avenue
Greeley, CO 80631
Economy Lumber, Inc.
500 27th Street
Greeley, CO 80631
American National Bank of Denver
P.O. Box 660
Denver, c0 80228
Earl & Jean Collins
1903 11th Street
Greeley, CO 80631
Shafer Rehabilitation Center
2419 6th Avenue
Greeley, CO 80631
Tung Chan Wan Chou
Tung Yee Hing
2821 22nd Street
Greeley, CO 80631
Stephen & Barbara Deubach
c/o Robert Kelly
540 27th Street
Greeley, CO 80631
Daryl R. Deubach
304 25th Avenue
Greeley, CO 80631
Beatrice Foods Co.
450 25th Street
Greeley, CO 80631
Morgan Guananty Trust Co. of N.Y. , Inc.
c/o Boise Cascade Corp
P.O. Box 50
Cliff Tyler
Boise, ID 83728
Leslie D. Matson
2511 16th Street Road
Greeley, CO 80631
Blue 0 Development
600 26th Street
Greeley, CO 80631
Harold & Mary Folkers
2710 6th Avenue
Greeley, CO 80631
Doris & Floyd Bose
608 27th Street
Greeley, CO 80631
Thomas & Felistaz C. Morend
602 27th Street
Greeley, CO 80631
Roy G. & Glenn R. Hayes
P.O. Box 453
Evans, CO 80620
REZONING Case #:
Dept. of Planning Services App. Ch'd By: �-
915 10th Street Date Rec'd:
Greeley, Colorado 80631 App. Fee:
Ph ,Creel: 3Colrad Record. Fee: — Receipt #:
Ext. 4400 Receipt #:
TO BE COMPLETED BY APPLICANT.
Please print or type, except fo�-- r necessary is gnature.
I (we) , the undersigned,
hereby re q es hearings BfB- before the Weld County Planning
Commission and the Weld County
rezoning of the following described unincorporatedunty Oareasof Weld County,sioners
concerning the proposed
Beginning at the Colorado: LEGAL
gne in t het corner of 22nd Street and 11th
y of Greeley, Colorado; thence
South on 11th Avenue to 3 s ,
Colorado; 1�t Street in Evans ,and East on 31st Street and 31st Street
extended to County Road 41; thence North along
said county road (First Avenue) to 22nd Street
extended; thence along 22nd Street West to the
Point of Beginning.
(If additional space is required, attach an additional sheet)
�£ ExAvAir 13 ,
Property Address (if available) : /
PRESENT ZONE 1 _ 3 OED ZONE 6 �d�OVERLAY ZONES PROPOSED •
— TOTAL ACREAGE_
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name:
—�Address: to 6 /�� , Home Telephone II: ,(��
Bus. Telephone II: , I
Name: / 'g�� r8—�3Q
Address: — Home Telephone //:
Bus. Telephone II: - — ---
Name;
Home Telephone II:
Address-•:7-------------------------- -----------
Bus. Telephone II:
Applicant or Authorized Agent (if different than above) :
Name:
Address: Home Telephone II:
Bus. Telephone #:
Owner(s)
and/or lessees of mineral
in theWeld County Assessor's Officeghts on or under the subject properties of record
Name:
Address: G _
le
i2
Name: __L !/
Address:
Name:
Address:
I hereby depose and state under the penalities of perjury
and/or plans submitted with or contained within this
the best of my that all statements, proposals
knowledge. application are true and correct to
COUNTY OF WELD )
STATE OF COLOADO ADO )
Xi ature:
Subscribed and sworn to before me this 17 Owner or Authorized Agent
day of July
SEAL — 1985
C~g_ a� _
MY C W.
FLORIDA
EXPIRES 7/2/80
RY PUBLIC ^�My Commission expires: 7373W.FLORIDAAVENUE3E
LAKEWOOD,CO 80226
ttOLD
AF•try�' 5255 W. 6th AVE. • LAKEWOOD, CO 80214 • (303) 232-7874
s.
oft
y �..
11
1) APPLICATION ENCLOSED.
2) THE PROPOSED CHANGE IN ZONING WILL ALLOW 2630 6th AVE. TO
OBTAIN A TAVERN LICENSE. IT MUST BE NOTED THAT THIS LOCATION
HAS ALWAYS CARRIED A TAVERN LICENSE. THE ONLY REASON FOR
THIS REZONING PROCESS IS DUE TO THE LESSEE LETTING THE
LIQUOR LICENSE EXPIRE AND THEN VACATING THE BUILDING WITH-
OUT PROPER NOTICE. AS THE ECONOMY IN GREELEY SEEMS TO BE
ON THE DOWN SIDE AT THE MOMENT, IT TOOK US MANY MONTHS TO
LEASE THE BUILDING. AFTER LEASING THE BUILDING OUR NEW
TENANT APPLIED FOR A LIQUOR LICENSE, POSTED THE BUILDING,
AND WAITED THE REQUIRED 30 PLUS DAYS FOR A HEARING ON THE
LICENSE. IT WAS NOT UNTIL TWO DAYS PRIOR TO THE HEARING
WERE WE INFORMED OF THE ZONING CHANGE. IT MUST ALSO BE
NOTED THAT HAD WE LEASED THE BUILDING WITHIN SIX MONTHS WE
WOULD NOT HAVE TO REZONE. TEL giDITron ' Lout. 4Dc
3) SAME AS ANSWER #2
4) PUBLIC WATER AND SEWER HAVE BEEN SUPPLIED TO THIS LOCATION
AS A TAVERN FOR THE PAST TEN YEARS.
5) EXHIBIT A ATTACHED
6) ROADWAY HAS NOT CHANGED
7) N/A
8) HAS NOT CHANGED
9) EXHIBIT C ATTACHED
10) EXHIBIT ATTACHED �� //
I IT StfitALb 4-So 2E- AL Tel 7i#r if-u_ Su,EP,otca/ii, S
Tus►KEsse5 A (L ezwnc1. ZoH4 C -3 cu`uc-it,
we a E R 4ue577,(16 . /
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No. -45
,/ /n '',
Subject Property 2650 --` Apt afel Ey1 • &es/
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 teen assembled within
thirty (30) days of the application submission date.
/
The foregoing instrument was Subscribed -and sworn to before me this
17 day July , 19_15 by Sean K. O'Hayre
WITNESS my hand and official seal .
My Commission expires :
MY COMMISSION EXPIRES 712166
7313 W.FLORIDA AVENUE 3E
IAKEW000.CO80226 (47 vL_1f" 779 ,4:57e )
Ndary Public
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
n STATE AND ZIP coffin.
IDENTIFICATION ll
Gnt[-Mi_lrl-eot Re wwj) 2670 G ' `ffi°� _ tie t6/r/� ro�.3Lai4117-7 0s•ozl
&tham v .
q ,# t441 n T/_ .Soa 274 &ze� . $06 (2iel •174 oR •024-
/,It 1gO, &ArLLN o Y `relVe ?1). gal_ad Aura 802280.94.1_.1 38'0 Lc
&let t Tad C'oi�Ns Jf03 // 'lir &ran, 80631 09.4.,• 17.51.08.0/1
IIn r, y 'i 0961. 17.Y olLcl2
�hi kIN.C . Z3o8 4.11Ae� Q£ X 8v631 6 �•1 •/7• 08 •o/�
�,/irarzrzYL LE.tl ��/4 .C4 As gEEtfi goo/ o9G/ ./7-.14.4 '/
0 N ti ti l v / k
- 696/ •17 .4 08.019
7,JG doom litinN enact ;_ JUNG Yee limo. 282/ 22'sr dizetcu 0961 .17 -4-08 4 018
Sre fiieA 1 iiefroeA UeuBAOA eo glen t"eu.y 3510)74 defray 041.17-it i)9'°°1
i.12%.14,_R i t4.84-cll 301025 Act art 80631 0961174 . 04 • ooa
1mm— ce_ 06s 00 4.50 254 ST . (;aft/eti g043 0961 • 17_/ •0'7 -tlo3
dioz4n b/ ufAINA /y7 Uir do O-F N Y _Imes `Iv 2
s o,ss easeA-� 6-iep .
?.o . goy 5 , CQFF 2 e c &a 1v 83728 090/ :/7 .51 017 *003
i€5LI •-/'/4rrtn Z.S/1 2411 Cr Qi . detuct 1041/ of 6,•17 3 /6- '008
p r 1. It A 1 it /
,` n Ofer/7 .3 /5. 009
�tu/ o UCvei oopAjQA1T 60-026:4 Sr �1�J2E�e41 FD611. Oft,/ •/7. 3 -IS • O1O
/ « FA, rat•kf5 .V710 644'6eRr S'637 o96/ •/7 3 calf_O1/
,e f Pioy I) ,ids£ .�&i08 27 0 sr kcay Sean 0961 •i 7.3 21 . OoZ
�it3 rccggSrz/n C. • ltlec1io 02
o27i5r eke__ 1°63 ow/ 09 _5 2Lcf
,Q��__(1. ,f C& AeA/P. 14a _??o r-�L_yS3 gfr 5 e ,fd v o96/ -/73 '2/ •not
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property 2(0 3� G 11 fUZ,31
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.
The foregoing instrument was subscribed and sworn to before me
this 17 day of July , Ig 85 By Dennis R. Muck
WITNESS my hand and official seal .
My Commission expires :
MY COMMISSION EXPIRES 1121
IAAKEW00DRICD 80228 SE
/ rte
Nu ary Public
�-- . /�Ic M , V I-- .1 `.
}
34 SOIL SURVEY
k
i.
or drilled into a firm, clean sorghum stubble. Seeding tivating only in the tree row and by leaving a strip of
early in spring has proven most successful. Brush vegetation between the rows. Supplemental irrigation ,
management can also help to improve deteriorated range. may be needed at the time of planting and during dry
Windbreaks and environmental plantings are fairly well periods. Trees that are best suited and have good survival
suited to this soil. Blowing sand and low available water are Rocky Mountain juniper, eastern redcedar, ponderosa
capacity are the principal hazards in establishing trees pine, Siberian elm, Russian-olive, and hackberry. The `•'
and shrubs. This soil is so loose that trees should be shrubs best suited are skunkbush sumac, lilac, and Siberi- ,
planted in shallow furrows, and vegetation is needed an peashrub.
between the rows. Supplemental irrigation may be needed Wildlife is an important secondary use of this soil.
to insure survival. Trees that are best suited and have Ring-necked pheasant, mourning dove, and many non-
good survival are Rocky Mountain juniper, eastern game species can be attracted by establishing areas for
redcedar, ponderosa pine, and Siberian elm. The shrubs nesting and escape cover. For pheasants, undisturbed h
best suited are skunkbush sumac, lilac, and Siberian nesting cover is essential and should be included in plans 4 peashrub. for habitat development, especially in areas of intensive .,
Wildlife is an important secondary use of this soil. The agriculture.
cropland areas provide favorable habitat for ring-necked Rapid expansion of Greeley and the surrounding area o.
pheasant and mourning dove. Many nongame species can has resulted in urbanization of much of this Otero soil.
be attracted by establishing areas for nesting and escape This soil has excellent potential for urban and recrea-
cover. For pheasants, undisturbed nesting cover is essen- tional development. The only limiting feature is the
tial and should be included in plans for habitat develop- moderately rapid permeability in the substratum, which
ment, especially in areas of intensive agriculture. Range- causes a hazard of ground water contamination from
land wildlife, for example, the pronghorn antelope, can be sewage lagoons. Lawns, shrubs, and trees grow well.
attracted by developing livestock watering facilities, Ca ability subclass Iis irrigated. f-
managing livestock grazing, and reseeding where needed. 51—Otero sandy loam, 1 to 3 percent slopes. This is a
Few areas of this soil are in major
aj growth and ur- deep, well drained soil on plains at elevations of 4,700 to ,}
banized centers. The chief limiting feature is the rapid ,250 feet. It formed in mixed outwash and eolian *S
permeability in the substratum, which causes a hazard of deposits. Included in mapping are small areas of soils that X
ground water contamination from seepage. Potential for have loam and clay loam underlying material.
recreation is poor because of the sandy surface layer. Typically the surface layer is brown sandy loam about
Capability subclass IVe irrigated, VIe nonirrigated; Deep 12 inches thick. The underlying material to a depth of 60 i'.
Sand range site. inches is pale brown calcareous fine sandy loam.
ID
50—Otero sandy loam, 0 to 1 percent slopes. This is a Permeability is rapid. Available water capacity is ;5',
deep, well drained soil on smooth plains at elevations of moderate. The affective rooting depth is 60 inches or
4,700 to 5,250 feet. It formed in mixed outwash and eolian more. Surface runoff is slow, and the erosion hazard is
deposits. Included in mapping are small areas of soils that low. .
have loam and clay loam underlying material. This soil is used almost entirely for irrigated crops. It
Typically the surface layer is brown sandy loam about is suited to all_crops commonly grown in the area. Land _tie
�
12 inches thick. The underlying material to a depth of 60 leveling, ditch lining, and installing pipelines may be 4'.
inches is pale brown calcareous-fine sandy loam. needed for proper water application.
Permeability is rapid. Available water capacity is All methods of irrigation are suitable, but furrow ir- .
moderate. The effective rooting depth is 60 inches or rigation is the most common. Barnyard manure and corn- _ti
more. Surface runoff is slow, and the erosion hazard is mercial fertilizer are needed for top yields. :'p+ '.
low. - In nonirrigated areas this soil is suited to winter wheat, i,' ,
This soil is used almost entirely for irrigated crops. It barley, and sorghum. Most of the acreage is planted to
is suited to all crops commonly grown in the area, includ- winter wheat. The predicted average yield is 28 bushels �+ s
ing corn,sugar beets, beans, alfalfa, small grain, potatoes, per acre. The soil is summer fallowed in alternate years 7`
and onions. An example of a suitable cropping system is 3 to allow moisture accumulation. Generally precipitaiton is 43'
to 4 years of alfalfa followed by corn, corn for silage, too low for beneficial use of fertilizer. .j.
sugar beets, small grain, or beans. Generally, such charac- Stubble mulch farmin `
g, striperopping, and minimum lil• ii 4„,,
teristics as a high clay content or a rapidly permeable lage are needed to control water erosion. Terracing also
substratum slightly restrict some crops. may be needed to control water erosion. y?
All methods of irrigation are suitable, but furrow ir- The potential native vegetation on this range site is •'}}
rigation is the most common. Proper irrigation water dominated by sand bluestem, sand reedgrass, and blue 4.
management is essential. Barnyard manure and commer- grama. Needleandthread, switchgrass, sideoats grarna, 4�`.
cial fertilizer are needed for top yields. and western wheatgrass are also prominent. Potential I
Windbreaks and environmental plantings are generally production ranges from 2,200 pounds per acre in favors- S
suited to this soil. Soil blowing, the principal hazard in ble years to 1,800 pounds in unfavorable years. As range :)1`
establishing trees and shrubs, can be controlled by cul- condition deteriorates, the sand bluestem, sand reedgram. b..
I
4
l$
WELD COUNTY, COLORADO, SOUTHERN PART 35
and switchgrass decrease and blue grama, sand dropseed, should be grown at least 50 percent of the time. Contour
and sand sage increase. Annual weeds and grasses invade ditches and corrugations can be used in irrigating close
the site as range condition becomes poorer. grown crops and pasture. Furrows, contour furrows, and
Management of vegetation on this soil should be based cross slope furrows are suitable for row crops. Sprinkler
on taking half and leaving half of the total annual produc- irrigation is also desirable. Keeping tillage to a minimum
tion. Seeding is desirable if the range is in poor condition. and utilizing crop residue help to control erosion. Main-
Sand bluestem, sand reedgrass, switchgrass, sideoats taming fertility is important. Crops respond to applica-
grama, blue grama, pubescent wheatgrass, and crested tions of phosphorus and nitrogen.
wheatgrass are suitable for seeding. The -grass selected The potential native vegetation on this site is
should meet the seasonal requirements of livestock. It can dominated by sand bluestem, sand reedgrass, and blue
be seeded into a clean, firm stubble, or it can be drilled grama. Needleandthread, switchgrass, sideoats grama,
into a firm prepared seedbed. Seeding early in-spring has and western wheatgrass are also prominent. Potential
proven most successful.
production ranges from 2,200 pounds per acre in favora-
Windbreaks and environmental plantings are generally ble years to 1,800 pounds in unfavorable years. As range
suited to this soil. Soil blowing, the principal hazard in condition deteriorates, the sand bluestem, sand reedgrass,
establishing trees and shrubs, can be controlled by cul- and switch
tivating only in the tree row and by leaving a strip of and sand sage sins crease.sAnnuae, and lweedslue a and g ad dropseed,
sinvade
vegetation between the rows. Supplemental irrigation the site as range condition becomes poorer.grasses invade
may be needed at the time of planting and during dry Management of vegetation on this soil should be based
periods. Trees that are best suited and have good survival on taking half and leaving half of the total annual produc-
are Rocky Mountain juniper, eastern redcedar, ponderosa tion. Seeding is desirable if the range is in poor condition.
pine, Siberian elm, Russian-olive, and hackberry. The Sand bluestem, sand reedgrass, switchgrass, sideoats
shrubs best suited are skunkbush sumac, lilac,and Siberi- grama, blue grama, pubescent wheatgrass, and crested
an peashrub. wheatgrass are suitable for seeding. The ss Wildlife is an important secondary use of this soil. should meet the seasonal-requirements of live tockeItecan
Ring-necked pheasant, mourning dove, and many non- be seeded into a clean, firm sorghum stubble, or it can be
game species can be attracted by-establishing areas for drilled into a firm prepared seedbed. Seeding early in
nesting and escape cover. For pheasants, undisturbed spring has proven most successful.
nesting cover is essential and should be included in plans Windbreaks and environmental plantings are generally
for habitat development, especially in areas of intensive suited to this soil. -Soil blowing, the principal hazard in
agriculture. establishing trees and shrubs, can be controlled by cul-
Rapid expansion of Greeley and the surrounding area tivating only in the tree row and by leaving a strip of •
has resulted in urbanization of much of this Otero soil. vegetation between the rows. Supplemental irrigation
This soil has excellent potential for urban and recrea- may be needed at the time of planting and during dry
tional development. The only limiting feature is the periods. Trees that are best suited and have good survival
moderately rapid permeability in the substratum, which are Rocky Mountain juniper, eastern redcedar, ponderosa
causes a hazard -of ground water contamination from pine, Siberian elm, Russian-olive, and hackberry. The
its
sewage lagoons. Lawns, shrubs, and trees grow well. shrubs best suited are skunkbush sumac, lilac, and Siberi-
Capability subclass Ilk irrigated, IVe nonirrigated; an peashrub.
Sandy Plains range site. Wildlife is an important secondary use of this soil.
2—Otero sandy loam, 3 to 5 percent slopes. This is a Ring-necked pheasant, mourning dove, and many non-
1 deep, well drained soil on plains at elevations of 4,700 to game species can be attracted by establishing areas for
i 5,250 feet. It formed in mixed outwash and eolian nesting and escape cover. For pheasants, undisturbed
{ deposits. Included in mapping are small areas of soils-that nesting cover is essential and should be included in plans
!` have loam and clay loam underlying material. Also in- for-habitat development, especially in areas of intensive
eluded are small areas-of soils that have sandstone and agriculture.
shale within a depth of 60 inches. Rapid expansion of Greeley and the surrounding area
Typically the surface layer of this Otero soil is brown has resulted in urbanization of much of this Otero soil.
sandy loam about 10 inches thick. The underlying material The soil has excellent potential for urban and recreational
to a depth of 60 inches is pale brown calcareous fine development. The only limiting feature is the moderately
sandy loam. rapid permeability
Permeability is rapid. Available water capacity is hazard of
ground water contamination from sewage
moderate. The effective rooting depth is 60 inches or lagoons. Lawns, shrubs, and trees grow well. Capability
more. Surface runoff is medium, and the erosion hazard is subclass file irrigated, Vie nonirrigated; Sandy Plains
low.
This soil is used almost entirely for irrigated crops. It range site.
is suited to the crops commonly P 53—Otero sandy d loam, 5 to ns lev slopes. This is a
P grown in the area. deep, well drained soil on-plains at elevations of 4,700 to
Perennial grasses and alfalfa or close growing crops 5,250 feet. It formed in mixed outwash and eolian
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Ex A , , T .
All of the South 215.00 feet of L: t 10, Arlington
Gardens; in the County of Weld, State of Colorado
according to the recorded plat thereof, lying east
of U.S. 85 Freeway and South of the Union Pacific
railroad spur right-of-way, and being more particularly
described as follows:
Considering the South line of said Lot 10 to bear
North 89°23'00" West and with all other bearings
contained herein relative thereto: Beginning at
the intersection of the South line of -said Lot 10
with the Easterly right-of-way line of U.S. 85
Freeway thence Northwesterly along said right-of-
way following the arc of a curve to the left whose
radius is 2,975.00 feet and whose long chord bears
North 07°42'40" West 103.32 feet to the South line
of the right-of-way of the Union Pacific Railroad
Spur track; 'thence South 89°32'00" East along the
South right-of-way of said Union Pacific railroad
Spur track 354. 43 feet to the East line of said lot
10; thence South 01°13'40" West along the East line
of said lot 10 a distance of. 103.24 feet to the
Southeast corner of said lot 10; thence North
89°23'00" West along the South line of said lot 10
a distance of 338.36 feet to the point of beginning,
together with the 1-and extending from the North line
of the area above described to the centerline of the
Union Pacific spur track located on said railroad
easement, in the event said easement is hereafter
abandoned or relinquished, and the land extending
from the South line of said lot to the center of the
adjoining said line, in the event said road is
vacated at any tine in the future.
Via : ,:. b42! r
DEED OF TRUST 1f r ,, a.
• (Colorado) >1q
B 1047 REC 01986443 10/26/84 11 : 17 $9. 00 1/003
1• Grantor. F 1469 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Penn is P. Nock
6464 Creenhriar Drive
(:n7lewood, Colorado 80111
-2. Beneficiary:
'arLet National Bank
1401 17th Street
Denver, Colorado 80202
(and its successors in interest)
3. Trustee: The Public Trustee for the County in which the property is located.
4. Property: The following land in Weld
County, Colorado.
Co: :eonily known as: 2.630 6th Avenue , Greeley, Colorado
Lenally hnocn as : See E::ibis A attached.
5. Obligations, (a)All indebtedness evidenced and created by the following described promissory note(the
"Note")payable to the order of Beneficiary, and all renewals, extensions and amendments
thereto and substitutions therefore.
Date: Sept e:ber 24, 1934
Amount: ;'950,000.00
Maturity Date: September 24, 1986
Maker(if other than Grantor):
(b) Future advances made by Beneficiary on or before the maturity date of the Note plus
interest thereon provided any required notice of right to rescind or cancel has been given; (c)
All expenditures made or incurred by Beneficiary pursuant to the provisions of the Note and this
deed of trust together with interest thereon.
(d)Other:
6. Construction
Mortgage: If checked here( ) this Deed of Trust secures an indebtedness for construction
purposes as described in CRS(1973)SS 4.9.313.
THE GRANT. TERMS AND CONDITIONS ON THE REVERS e E ARE PART OF THIS-DEED OF TRUST AND ARE
HEREBY INCORPORATED INTO IT.
Date:
irk
Dennis P. Huck
Attest-
'Fleur*.
fur*.
Co-owner, spouse or other claimant of a right with respect to the real property described above joins in granting the
lien and subordination set forth in this deed of trust, but does not assume any liability for payment of the Note.
Date:
rgn.wr.
STATE OF COLORADO )
COUNTY OF 11 o D bl )ss. �+
The foregoing instrument was acknowledged before me this day of )a
�I ent t t/ 19 N.
by
1'c� YVIiA��
(as President and
as Secretary of
za,�p. n� thl. .
Witne yr hart and official seal.
r „ Q
7�� . � „Dory vol.
si6erA, My commission expires /b (� •-�7
Grant. - a 3,:'c '
appurtenances. fixtures, rents. r. rid profits. water. ditch and reservoir rig vever evidenced, appertain,
thereto or used in connection there'', and warrants the title to the Property, subject to liens for real property taxes
and assessments not currently due and other matters shown on any attachment hereto. This grant is made in trust
'' to secure the Obligations.
N O
•
C.) 8. Covenants of Grantor. Grantor covenants and agrees: (a) to cay and satisfy all the Obligations and to keep and
A perform according to their terms all of the covenants and agreements contained in this deed of trust. the Note
a and in any other instrument whicn may have been executed in connection with this ceed of trust:(b) to pay and
A2
satisfy when due all claims, taxes and assessments and prior encumorances which affect the Property and not to
ra) a permit or suffer any other lien against the Property, except with the prior written consent of Beneficiary; (c) to obtain
trr w and maintain at all times policies of fire and extended coverage insurance in an amount equal to the full insurable
avalue of all improvements on the Property, and such other hazard insurance as Beneficiary may require, all with
o such policy provisions and with such companies as may be acproved py Beneficiary, with Beneficiary named as an
lV insured party, and to assign and deliver the policies of insurance to Beneficiary. and to authorize application of the
ixentire insurance proceeds from such policies to the payment or, in the discretion of Beneficiary, prepayment of
- all or any part of the Obligations, with the surplus, if any, to be paid to Grantor, io) to keep the Property and any
improvements whicn may at any time oe on the Property in good condition and repair and to commit or suffer no
.-, x waste; (e) not to commit or suffer destruction or removal of any improvements whicn may at any time be on the
to, Property without the prior written consent of Beneficiary, and not to assign the rents or income from the Property;(f)
,:r a to comply with applicable insurance policy provisions and all laws.ordinances. rules and regulations of governmental
co U authorities governing the Property or its use; (g)to appear in and defend any action or proceeding purporting to
Z affect the Property, the Note. this deed of trust or Beneficiary's rights therein or herein and to pay or reimburse
N H Beneficiary for all costs and expenses, including attorneys' fees. incurred oy Beneficiary as a result of any such
,�H action or proceeding; (h) that all awards and proceeds received in connection with the condemnation of or injury or
.-+ co damage to the Property or amounts received in lieu of such awards or proceeds shall be paid to Beneficiary and
W shall be acolied by Beneficiary first to costs and expenses, including attorneys' fees, incurred by Beneficiary in
co D connection with such awards or proceeds and then to the payment or, in the discretion of Beneficiary, prepayment.
,'yy, ra of the Obligations with the surplus, if any. to be paid to Grantor: (i) that. if Grantor fails to keen and perform any
covenant or agreement contained in this deed of trust according to its terms. Beneficiary may, after reasonable
al m 2 notice, take or cause to be taken such action as it deems necessary er desirable to the end that such covenants and
g agreements may be kept and performed, and any sums advanced or costs and expenses incurred by Beneficiary in
o connection therewith, including attorneys' fees, shall become due immediately without notice and shall be due and
>+ payable on demand and shall bear interest at the rate on the face of the promissory note; (j) that Grantor
cox •
fa rog subordinates any rights Grantor may have to the Property as a homestead exemption or any similar law which may
hereafter be enacted in Colorado to the lien of this deed of trust; (k)at the request of Beneficiary, to deposit with
or— o Beneficiary each month an amount-equal to one-twelfth of the estimated annual real estate taxes and assessments
r- for the Property and one-twelfth of the estimated annual insurance premium to be applied to payment of taxes and
r-1 H insurance as required: and(I) to notify Beneficiary in writing ten(10)days prior to any sale or transfer of theproperty.
2 k' 9. Transfer. If Grantor shall lease, sell, contract to sell or otherwise transfer all or any
the prior written consent of Beneficiary, all Obligations shall be forthwith deeand payable at f the election of the
the Prooert without
Beneficiary. Beneficiary may require the transferee to assume the Obligations as a condition to its consent to the
transfer and impose any other conditions permitted by law. Grantor shall promptly notify Beneficiary-of any
proposed transfer.
10. Events of Default. The occurrence of any of the following events shall constitute an event of default il
hereunder: (a)default in the payment when due of any of the Obligations: or(b)failure to perform or observe
according to its terms any other covenant contained in this deed of trust or the Note; or(c) the filing of a voluntary or i
involuntary petition in bankruptcy by or against Grantor or the appointment of a receiver for any of Grantor's assets
or the Property; or(d)an assignment-by Grantor for the benefit of creditors.
11. Remedies Upon Default. Upon the occurrence of any event of default. Beneficiary shall have the following
rights and remedies which shall be cumulative and which may be exercised with or without notice. and which may
be exercised separately, independently or concurrently and more than once and in any order, and without any
election of remedies to be deemed made, and without affecting the right of Beneficiary to exercise any other remedy
hereunder or which Beneficiary may have in law, and without regard to other remedies then, theretofore or
thereafter pursued orbeing pursed: (a)to declare any or all of the Obligations immediately due and payable; (b) to
take immediate possession, management and control of the Property and to repair and maintain the same-at the
expense of Grantor and to perform such acts thereon or in connection therewith as Beneficiary may deem
necessary or desirable:(c)to collect-and receive any and all rents, issues andprofits from the Property and to apply
the same to the Obligations in any manner or to the repair or maintenance of the Property, or both; (d) to apply for
and obtain, exparte and without notice, the appointment of a temporary receiver and-after notice, the appointment of
a permanent receiver for the Property or of the rents, issues-and profits thereof. or both. and to have such receivers
appointed as a matter of right without regard to the solvency of any person or theadecuacy of-any security or the
existence of waste, and to have sums received by such receivers, after deducting andpaying costs and-expenses of
such receiverships, including attorneys' fees of Beneficiary, acolied to the Obligations in such manner and order as
Beneficiary may request: (e) to foreclose this deed of trust through the Trustee or through the courts as the
Beneficiary may desire and to become the purchaser of the Property at any foreclosure sale. If foreclosure is made
through the Trustee, such foreclosure shall be conducted in the manner providea by the laws of the State of
Colorado.
The proceeds of any foreclosure sate shall first be applied to reimburse Beneficiary for(a) reasonable costs and
expenses of foreciosureand(b)reasonable attorneys' fees fof the attorney not a salaried employee of Beneficiary)
not in excess of 15% of the unpaid balance then due. or if allowed by the Uniform Consumer Credit Code, such
additional fees as may be directed by an appropriate court. and(c) the balance of the proceeds. shall be paid first to
Beneficiary to pay the Obligations,with the surplus, if any, to be paid to the owner or the Property on the date of the
foreclosure sale.
•
12. Miscellaneous. fa)This deed of trust and each of its provisions shall be binding upon the heirs,personal
representative, successors and assigns of Grantor and shall inure to the oenetit of the Trust, the Beneficiary and his
and its successors and assigns. lb) This deed of trust-nay be amended or modified any cy an instrument in writing
signed by the party charged with suchmendment or waiver. (cl The terms "Grantor," "Beneficiary," "Trustee,"
"Property," "Obligations," and "Note" are defined in paragraphs 1 through 5, respectively. (d) The Trustee may,
upon production of the Note, duly cancelled, and Payment of all fees and cost by Grantor release this ceed of trust
without further showing as to Payment of the Obligations. (e) If more than one Grantor. all ;he terms and conditions
of this deed of trust shall acply to eacn of them. (f) The Trustee may reiease parts of the Property from the lien of this
deed of trust ucon the request of Beneficiary without impairing any rights or priority Beneficiary may have in the
remainder of the Property or against Grantor: Ig)faiiure on the Beneficiary's cart to exercise 'ts rights in the event
of any cne default snail not constitute a waiver of such rights in the event of any subsequent default:(h)Where the
Grantor and ;he obligor on the obligations are not the same, the term "Grantor" means the owner of the property
in any provision dealing with the property, the obligor in any provision dealing with the Obligations. and both where
the content-so requires.
SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART
United States Department of Agriculture, Soil Conservation Service, j
i in cooperation with the Colorado Agricultural Experiment Station
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51—Otero sandy loam, 1 to 3 percent slopes. This is a Wildlife is an important secondary use of this soil.
deep, well drained soil on plains at elevations of 4,700 to Ring-necked pheasant, mourning dove, and many non-
5,250 feet. It formed in mixed outwash and eolian game species can be attracted by establishing areas for
deposits. Included in mapping are small areas of soils that nesting and escape cover. For pheasants, undisturbed
have loam and clay loam underlying material. nesting cover is essential and should be included in plans
Typically the surface layer is brown sandy loam about for habitat development, especially in areas of intensive
12 inches thick. The underlying material to a depth of 60 agriculture.
inches is pale brown calcareous fine sandy loam. Rapid expansion of Greeley and the surrounding area
Permeability is rapid. Available water capacity is has resulted in urbanization of much of this Otero soil.
moderate. The effective rooting depth is 60 inches or This soil has excellent potential for urban and recrea-
more. Surface runoff is slow, and the erosion hazard is tional development. The only limiting feature is the
low. moderately rapid permeability in the substratum, which
This soil is used almost entirely for irrigated crops. It causes a hazard of ground water contamination from
is suited to all crops commonly grown in the area. Land sewage lagoons. Lawns, shrubs, and trees grow well.
leveling, ditch lining, and installing pipelines may be Capability subclass IIIe irrigated, IVe nonirrigated;
needed for proper water application. Sandy Plains range site.
All methods of irrigation are suitable, but furrow ir- 75—Vona sandy loam, 0 to 1 percent slopes. This is a
rigation is the most common. Barnyard manure and corn- deep, well drained soil on high terraces at elevations of
mercial fertilizer are needed for top yields. 4,650 to 4,950 feet. It formed in alluvial deposits. Included
In nonirrigated areas this-soil is suited to winter wheat, in mapping are some leveled areas and small areas of
barley, and sorghum. Most of the acreage is planted to soils that have a loamy substratum.
winter wheat. The predicted average yield is 28 bushels Typically the surface layer of this Vona soil is grayish
per acre. The soil is summer fallowed in alternate years brown sandy loam about 10 inches thick. The subsoil is
to allow moisture accumulation. Generally precipitaiton is
too low for beneficial use of fertilizer. brown fine sandy loam about 20 inches thick. The sub-
Stubble mulch farming, striperopping, and minimum til- stratum to a depth of 60 inches is sandy loam.
lage are needed to control water erosion. Terracing also Permeability is moderately rapid. Available water
capacity is moderate. The effective rooting depth is 60
may be needed to control water erosion.
The potential native vegetation on -this range site is inches or more. Surface runoff is slow, and the erosion
dominated by sand bluestem, sand reedgrass, and blue hazard is low.
This soil is used almost entirely for irrigated crops. It
grama. Needleandthread, switchgrass, sideoats grama,
is suited to all crops commonly grown in the area, includ-
and western wheatgrass are also prominent. Potential
mg corn, sugar beets, beans, alfalfa (fig. 7), -small grain,
production ranges from 2,200 pounds per acre in favora-
ble years to 1,800 pounds in unfavorable years. As range potatoes,-and onions. An example of a suitable -cropping
system is 3 to 4 years of alfalfa followed by corn, corn for
condition deteriorates, the sand bluestem, sand reedgrass,
and switchgrass decrease and blue grama, sand dropseed, silage, sugar beets, small grain, or beans. -The rapidly
and sand sage increase. Annual weeds and grasses invade permeable substratum slightly restricts some crops.
All methods of irrigation are suitable, but furrow ir-
the site as range condition becomes poorer.
rigation is the most common. Proper irrigation manage-
Management of vegetation on this soil should be based
on taking half and leaving half of the total annual produc- ment is essential. Barnyard manure and commercial fertil-
tion. Seeding is desirable if the range is in poor condition. Ozer are needed for top yields.
Sand bluestem, sand reedgrass, switchgrass,
sideoats Windbreaks and environmental plantings are generally grama, grama, pubescent wheatgrass, and crested suited to this'soil. Soil blowing, the principal hazard in
wheatgrass are suitable for seeding. The morass selected establishing trees and shrubs, can he controlled by cul-
should meet the seasonal requirements of livestock. It can tivating only in the tree row and by leaving a strip of
be seeded into a clean, firm stubble, or it can be drilled vegetation between the rows. Supplemental irrigation
into a firm prepared seedbed. Seeding early in spring has may be necessary at the time of planting and during the
proven most successful. dry periods. Trees that are best suited and have
Windbreaks and environmental plantings are gO°r,P g generally survival are Rocky Mountain juniper, eastern redcedar,suited to this soil. Soil blowing, the principal hazard in ponderosa pine, Siberian elm, Russian-olive, and hackber-
establishing trees and shrubs, can be controlled by cul- ry. The shrubs best suited are skunkbush sumac, lilac, and
tivating only in the tree row and by leaving a strip of Siberian peashrub.
vegetation between the rows. Supplemental irrigation Wildlife is an important secondary use of this soil.
may be needed at the time of planting and during dry Ring-necked pheasant, mourning dove, and many non.
periods. Trees thatare best suited and have good survival game species can be attracted by establishing areas for
are Rocky Mountain juniper, eastern-redcedar, ponderosa nesting and escape cover. For pheasants, undisturbed
pine, Siberian elm, Russian-olive, and hackberry. The nesting cover is-essential and should be included in plans
shrubs best suited are skunkbush sumac, lilac, and Siberi- for habitat development, especially in areas of intensive
an peashrub. agriculture.
- This soil has good potential for urban and recreational
development. Lawns, shrubs, and trees grow well. The
only limiting feature is the rapid permeability in the sub-
stratum, which causes a hazard of ground water con-
tamination from sewage lagoons. Capability subclass Its
irrigated.
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