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Home My WebLink About870736.tiff AR2114o7A RESOLUTION RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL) ZONE DISTRICT TOtO C-3 (COMMERCIAL) ZONE DISTRICT FOR R & R HOT SHOT SERVICE o 0 ov WHEREAS , the Board of County Commissioners of Weld County, " Colorado, pursuant to Colorado statute and the Weld County Home t Rule Charter, is vested with the authority of administering the xin affairs of Weld County, Colorado, and N WHEREAS , a public hearing was held on the 22nd day of July, z 1987 , at 2 :00 p.m. for the purpose of hearing the application of R m o & R Hot Shot Service, 9270 Quitman, Westminster, Colorado 80050 , ta] � requesting a Change of Zone from A (Agricultural) Zone District to �' C-3 (Commercial) Zone District for a parcel of land located on theCD o following described real estate, to-wit: H10 H Part of the NW* , Section 32 , Township 2 North, z o Range 66 West of the 6th P.M. , Weld County, co Colorado WHEREAS, the applicant was represented by John Barry, x w Attorney, and a ' WHEREAS, Section 21 .6 . 2 of the Weld County Zoning Ordinance o provides standards for review of such a Change of Zone , and zy d WHEREAS, the Board of County Commissioners heard all the -Cr testimony and statements of those present, has studied the request o of the applicant and the recommendations of the Weld County o Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: n O � 1 . The applicant has complied with all the application requirements listed in Section 21 . 7 et seq. , of the Weld p a County Zoning Ordinance . 2 . The request is in conformance with Section 21 . 6 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan as outlined in both the Agricultural Goal Section #4 , and the Urban Growth Boundary Goal Section #1 . The agricultural goals explicitly encourage the location of commercial development adjacent to existing incorporated municipalities and in accordance with the municipalities adopted comprehensive goals and policies . The Urban Growth Boundary area also encourages the locational decision of commercial 870736 Page 2 RE: COZ - R & R HOT SHOT SERVICE development so long as the proposal is consistent w with the desires of the municipality. The City of Fort Lupton' s Planning Commission has indicated ia ha that the proposal is consistent with its rn o o comprehensive plan. P i b. The proposal is consistent with the Weld County k n Comprehensive Plan Urban Growth Goals and Policies 0 and meets the following criteria: z r zH 1) The proposed use is located within the Urban m o Growth Boundary Area of an existing m co municipality. m (no 2) The adjacent municipality does not consent to s ko annex the property, nor will development of H H this site constitute leapfrog or noncontiguous z development. M w M 3) The proposal is compatible with the x Comprehensive Plan' s goals and policies .. m regarding transportation and public facilities H and services because it will not cause a m significant impact nor require additional n public facilities and services . o t c . The use which would be allowed on the subject o property by granting the Change of Zone will be Z o compatible with the surrounding land uses . The r subject site is approximately 720 feet from U.S. d Highway 85 , which is zoned commercial from weld n N County Road 14-1/2 north to approximately 600 feet north of Weld County Road 16 . n o oas d. At this time , the 2 . 6 acre lot to the north of the property under consideration is served by an individual well and by a septic system. This 2 . 6 acre parcel, owned by the applicant, is zoned C-3 (Commercial) , and will be combined with the property under consideration to show one contiguous ownership. e. Adequate access to the property under consideration will be provided for by an existing 30 foot ingress , egress access off of Weld County Road 16 ; which is a local County road. This access is approximately 720 feet from the intersection of U.S . Highway 85 . Both the Weld County Department 870736 Page 3 RE: COZ - R & R HOT SHOT SERVICE of Engineering and the Colorado Department of N m Highways have no objections. o F, f. The property under consideration is not located of o within any overlay district. g. The property under consideration will not affect or w� interfere with the present or future extraction of 2 commercial mineral deposits. z � h. The soil type existing on the proposed site will 7O not cause moderate or severe limitations to the c o construction of structures or facilities proposed for the site. The soil is Otero Sandy Loam having m O H 1/4O excellent potential for urban development as indicated by the Soil Survey of Weld County, z o Colorado, United States Department of Agriculture n co Soil Conservation Service, issued in September of r -4 1980 . NOW, THEREFORE, BE IT RESOLVED by the Board of County m ::' Commissioners of Weld County, Colorado, that the application of W R & R Hot Shot Service for a Change of Zone from A (Agricultural) Zone District to C-3 (Commercial) Zone District on the above o referenced parcel of land be, and hereby is , granted subject to the following conditions : mv. W 1 . A site plan review shall be submitted to the Department iyo of Planning Services by the applicant. This site plan review shall be accompanied by a certification which states and affirms that the specific uses, buildings and 0L,, structures are designed and will be constructed and operated in accordance with the applicable performance no standards and district requirements in this Zoning Oa Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property is rezoned. 2 . Building or electrical permits shall not be issued on the property until the Change of Zone plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 870736 Page 4 RE: COZ - R & R HOT SHOT SERVICE The above and foregoing Resolution was, on motion duly made m m and seconded, adopted by the following vote on the 22nd day of July, A.D. , 1987 . o H H I- 0 J CO O 4� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUN Y' LORADO '� � m n Weld Co1i t<di 'Pk, a 6 Recorder o ate � __ o' and Cle t o�(t e E44iFd Gordo a_ac , irman ff Z H Z H 1 �j��;�j �b�/ Q � BY: C.W K rb , Pro- em m -4 Deputy -County C erk m m ma APPROVED AS TO FORM: ene R. Bran ner Z i H CO 4_,_ ,County Attorney x I Frank Yamaguchi Q ;; H to 0 n O M p1 xfo o m o r 0 0 Oa O no Oa 870736 HEARING CERTIFICATION DOCKET NO. 87-39 RE: CHANGE OF ZONE FROM A (AGRICULTURAL) ZONE DISTRICT TO C-3 (COMMERCIAL) ZONE DISTRICT - R & R HOT SHOT SERVICE A public hearing was conducted on July 22, 1987, at 2:00 P.M., with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Gene Brantner Commissioner Jacqueline Johnson Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Brian Bingle The following business was transacted: I hereby certify that pursuant to a notice dated June 15, 1987, and duly published June 18, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the request of R & R Hot Shot Service for a Change of Zone from A (Agricultural) Zone District to C-3 (Commercial) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Brian Bingle, Planning Department representative, made the favorable recommendation of the Planning Commission, which is subject to two Conditions, of record. John Barry, Attorney representing the applicant, came forward and explained that the rezoning would allow this small parcel of land to be used as storage space for oil field equipment. No public comment was received concerning this request. Commissioner Kirby moved to approve this request for a Change of Zone, subject to the Conditions recommended by the Planning Commission. Commissioner Brantner seconded the motion which carried unanimously. This Certification was approved on the 27th day of July, 1987. APPROVED: 7"' y� • ti BOARD OF COUNTY COMMISSIONERS ATTEST: // ar"- tiLOI�Zfir✓ WELD COUN C ORADO Weld County Clerk and Recorder r. and Clerk J(�J ttoy the Board /� Cord n . y,'Cha ah t.G BY: eettti- 00 m/. Gip e Deputy County Cle k C.W. Irby, Pro-Te ene R. (rantnee J el John o I Frank Yamaguchi TAPE #87-63 DOCKET #87-39 PL0397 (, ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: JULY 22, 1987 DOCKET # 87-401, HOTEL/RESTAURANT LICENSE - MJB ENTERPRISES, INC. dba CAFE POTAGE OF LONGMONT DOCKET # 87-39 COZ-A TO C-3, R & R HOT SHOT SERVICE DOCKET # NAME ADDRESS HEARING ATTENDING r • . . G � 1 � ? �4 %1I Y Y /c/C�C Fnr /�c�c� l„ufsc�� ,c� �C'-�'��'� �7 tc�y� �d a 7 c ( . .1.4.:711,-;s� /�f/1,-;74... dgf C-e C Fe e Y-6 241%,-) � -CYO, ‘/VA C4�� 6,-„ 7`('i6 Y`) I/ 870736 c chan .plin A Sur,0•ary of 'ir''or it Corporation May 18, 1987 w t '� 1 ( �Molly Sommerville Staff Attorney MAY 21 1987 ` Weld County Board of 'County Commissioners { 915-10th Street GMELLEY,of i Greeley, Colorado 80631 Weld County Planning Commission 915-10th Street Greeley, Colorado 80631 Re: Case No. COZ-433 :87 : 2 R & R Hot Shot Service, Inc. : Applicant Change of Zone from Agricultural District to C-3 District Township 2 North, Range 66 West Section 32: NW/4 Ladies and Gentlemen: Champlin Petroleum Company owns the oil and gas which underlies a railroad right-of-way which consists of approximately 49 . 35 acres in the NW/4 of Section 32, Township 2 North, Range 66 West, Weld County, Colorado, a portion of which quarter section is the subject of the above-referenced application for change of zone. I understand from a telephone conversation on May 18, 1987, with Brian J. Bingle, Planner for the Weld County Department of Planning Services, that the acreage which is the subject of the proposed rezoning is located in approximately the NW/4 SW/4 NW/4 of Section 32, that only approximately two acres is included in the applica- tion, and that the acreage which is the subject of the application does not include any part of the railroad right-of-way for which Champlin owns the oil and gas. In that the subject of the application includes only two acres of land and that none of the acreage which is included in the application is included in the right- of-way for which Champlin owns oil and gas, it appears that Champlin ' s rights to develop its oil and gas will not be substantially affected by the change of zoning, Champlin Petroleum Company Denver Region fy�V(�6 i.7 P O Box 125Region Englewood.CO 80150-1257 303-P9 71 � Weld County Board of Commissioners Weld County Planning Commission May 18 , 1987 Page 2 and therefore, Champlin does not object to the applica- tion. I wish to note, however, that Champlin wishes to preserve all of the rights that it has to produce the oil and gas which is located under the railroad right- of-way acreage in which it owns oil and gas rights, all in accordance with government rules and regulations. Very truly yours, Molly Sommerville MS: jaj cc: R. M. Moss R. B. Matthews Brian J. Bingle David E. Brody 8`70736 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of 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. 87-39 R & R Hot Shot Service 9270 Quitman Westminster, Colorado 80050 DATE: July 22, 1987 TIME: 2:00 P.M. REQUEST: Change of Zone from A (Agricultural) Zone District to C-3 (Commercial) Zone District LEGAL DESCRIPTION: Part of the NWI of Section 32, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 miles north of the Town of Fort Lupton; south of Weld County Road 16 and east of U.S. Highway 85 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER -AND CLERK TO THE BOARD BY: Debbie Campbell, Deputy DATED: June 15, 1987 PUBLISHED: June 18, 1987, in the Johnstown Breeze 870736 evh , b, vz PROOF OF PUBLICATION UGE NOTICE STATE OF COLORADO) Y NOTICEi3 Pmwmkp>thee oning wrf Colorado and lb.the County of Weld) ss. ddktene,a held M a the Bows 1 k tt/ { '. / tir7 /47/ fir (% do solemnly Center. 915 10th Street, ►tm Flom Greeley, Colorado, at the time in- swear thattalll ✓��/SNti/� of spsoBed.Al persons in any manner in- %rested in the following proposed TlIE FORT Llll'TON PRESS Change Of Zap re requested to attend and may be herd. Ihal the same is a weekly newspaper printed. In Should the al4Acrd or m y tested whole or In parr. and published In h it Cuunly of part)'desire me presence a a amt Weld. State of Colorado. and has a general clr. r tomat a record of the pro- ceedings, ng the rotation therein: that said newspaper ceearo, m addition to a°winch will be kept taped has been hearing,the Clerk to the Board's dike published rontlnously and uninterruptedly in said County of Weld for a period of more than an be contacted br a Ilel al certified coot ear is oba 1n to rso.8.a court fifty.'wo consecutive weeks next prior to the first raaorer is chiral the Clerk the publication of the annexed legal tones or adver. Board's Office when be advised m Ilsa•mem:that said newspaper has been admitted . priorio the of suds salon at least five gap to the United States mail as second-class matterengag- ing a court hearing.The memrneby reporter shall be borne by under the provisions of the Act of March 3. 1879. the reeaaWRarpv- or any amendments thereof, and that said BE IT ALSO KNOWN that the text and newspaper is a weekly newspaper duly qualified maps so testae!by the Weld County for publishing legal notices and advertisements Flaming Canmlren may be examined within the meaning of the laws of the Staleof . in the Mike a the Cleft to the Bordol Street,Third Flo ('ulorado. 10th Street, located m the Woll Thal the annexed legal notice or advertise- County Centennial Center. 915 or,Greeley,Cob ment was published In the regular and entire aada•- Issue of every number of said weekly newspaper DOCKET NO.8739 for t he period of /)dot consecutive Insertions APPLICANT and that the first publication of said notice was in Rd RNpt Snot Service the issue of said newspaper dated 9270 Quitman Wesbmnetar.Colorado 80050 A.D.. 19�`/.a d that the last publication of said DATE:July 22,1967 notice was in the issue of said newspaper dated REE:QUEST: Cha . nge of Zone from A(Aricuforal)Zone District to 0.3(Corn � . -.7--z' g iY mercim ions District ME �� —• /),LI LEGAL DESCRIPTION;,To pan ofNorth.Be g 0 A {P Rang a DESCRIPT,i 2, el {)Ts Range 66 Coloreds atlta bth P.M.,Weld County,Cobradd In witness whereof I have h unto set my -north ot of th room ApOoFort Lupton;on;ouch hand this �s 85 of Fort Luacmwan .7 tic, day of of Weld County Road 16 and east of U.S.Highway 85 A.D.. 1912.. _. , — BOARD OF COUNTY Subscribed and sworn to before me. a notary COMMISSIONERSWELD COUNTY,COLORADO public in and for ttic�nty of Weld.State of Col• orado.this],7day of BY:MARY ANN FECCORD€R t Lai 2- J.IQ A.D., COUNTY CLERK AND RECORDER" pp II/(y�., �� AND CLERK TO THE BOARD,' �5/I�C�Gt, /f/ , "��d��c"(.LII✓/ BY:Debbie Campbell.Deputy- . Notary Iliadic PW' [4/�/�//y0� r("�!�71 7) ('i/Jtt��(/nJ�J�' t .y/ DATED:June 15.1' w...��A.2(74t . "®u" ad 541601-1 Luton �. .the Fart Ally commission expires . 1///5-1 ell, _. . -870736 AFFIDAVIT OF PUBLICATION . - THEJOHNSTOWNBREEZE STATE OI•' COLORADO ) Pursuant to t ng laws of 1 SS the State of redo and the COUNTY Oh WELD ) Weld County .Ordinance, a public heart I be hew In I, Clyde Briggs, do solemnly swear that I the coChunty Como'mbers `the Do Weld of am publisher of The Johnstown Breeze; • County Comm ere of ny Cen Col Weld County that the same is a weekly newspaper Centennial et, F t ' 91s 10th printed, in whole or in part, and published Street Fat 5G Colorado, at me specified.r in the County of Weld, Slate of Colorado, intereAn Persons t any manner posed tad In t Jcl n pro- and has a�eiieral circulation therein; that posed Chenp�r,m Zo zonee are said newspaper has been published -requested to attend and may be -heart continuously and uninterruptedly in said should the agittant or any County of Weld for a period of more than interested pa desire the fifty-two consecutive weeks prior to the presence of a urt reporter to make a record. the proceed- first publication of the annexed legal notice logs m adds to the tapes or advertisement; that said newspaper has record which w be kept during the hearim the .Clerk to the been admitted to the United States mails as for a e list se ofGcertifiedn be m court ted provisions second-class matter under the of reports s m the ■roe If a coon the Act of March :1, Ia7rn, or any then BoardestaiOfficeth eh l0*be' amendilll•1115 thereof, and that said' advised in wrnin�h9p d� such action at least five awe prior. to the newspaper is a weekly newspaper duly -hearing. The cooaalt of engaging a court reporter shell be borne by qualified for publishing legal notices and the requesting early advertisements within the meaning of the. BE IT ALSO KNOWN that the laws of the State Of Colorado. . text and maps so certified by the Weld County Planning Commis- That the annexed legal notice or advertise- sion may be examined m the meal was published in the regular and Court of the Clerk to the Bgartl of entire issue of every number of said weekly County Commisunty C located in the Weld 1C0th r CentThird ennial newspaper for the period of ..1.. consecu- Center, 915eel 10th Street nial Floor, Greeley, Colorado. live insertions; and that the first DOCKET NO. 87-39 publication of said nutlet,.was in the issue of APPLICANT said newspaper dated Ail/ A.U. Ia. R 8 R Hot Shot Service and that the last publication OI said notice 9270 Quitman Westminster, Co 1 was in the issue of said newspaper dated ter80050 A.D. 19 DATE: July 22, 1987 In witness whereof I have het-ointo set TIME: 2:00 P.M. my hand Ibis ...22 .. day of _J 1Y•a9 - REQUEST:Change of Zone from A.D. tU'�y A(Agricultural)Zone District to C- 3 (Commercial) Zone District • _LEGAL DESCRIPTION: Part of Publisher the NW% of Section 32, Townq 11749 - ship 2 North, Range 68 West of the 8th P.M., Weld County, Colorado LOCATION: Approximately .25 Subscribed and sworn to before me. a • miles north of the Town of Fort Lupton: south of Weld Coun ty Notary ,Public in and for the County of. Road 16 and east of U.s I- hway 85 Weld, State of Colorado this . 2. day of Tuke- . A.D. 19.e../.. BOARD OF COUNTY '- "5, COMMISSIONERS COLORADO _ p WELD COUNTY, ` � �,�iZ {efts of-c G S^` BY: MARY ANN Notary Public. COUNTY CLERK AND RECORDERRECORDER AND CLERK TO THE BOARD D■ -BY: Debbie Cal■pbelt My commission expires _, WtY ' gels-.2. `. on DATED: June 18, 1987 .� PUBLISHED: June 18, 1987, In . r c nt-,2.4 the Johnstown Breese .}. a•n. 87073g DATE: June 15, 198" 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 22nd day of July, 1987, at 2: 00 P.M. Docket No. 87-39: Change of Zone from A (Agricultural) Zone District to C-3 (Commercial) Zone District - R & R Hot Shot Service OFFICE OF THE £nyobneputy ERK TO THE BOARD BY: at jai The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COU TY LOR O 870736 X Summary of the Weld County Planning Commission Meeting June 2, 1987 Page 2 The Chairman asked Mr. Parker if he had reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff, and if he were willing to follow the recommendations of the Weld County Building Inspection Department and the Longmont Fire Prevention District. Mr. Parker stated he would have to talk to his company in Indiana. He felt the cost of meeting these requirements would be prohibitive for a temporary operation. They plan to move this operation to a permanent location before next spring. This site is only temporary until permanent facilities can be found. This building is just not large enough to serve their needs. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the recommendation, conditions, and development standards be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Lydia Dunbar moved Case Number USR-792:87: 18 for Sam Parker for a Use by Special Review permit for a use similar to uses listed as Uses by Special Review in the Agricultural zone district (storage, fabrication, and distribution of wooden storage buildings) be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and development standards as outlined by the Department of Planning Services' staff and the testimony presented by the applicant. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Lydia Dunbar - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. ` CASE NUMBER: Z-433:87:2 t(/ APPLICANT: R & R Hot Shot Service REQUEST: Change of Zone from A (Agricultural) zone district to C-3 (Commercial) zone district LEGAL DESCRIPTION: Part of the Niii of Section 32, T2N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: .25 miles north of the Town of Fort Lupton; south of Weld County Road 16 and east of U.S. Highway 85 870736 Exh1b, C Summary of the Weld County Planning Commission Meeting June 2, 1987 Page 3 APPEARANCE: John Berry, Lawyer, Karowsky, Witwer, and Oldenburg, represented the applicant. The applicant has obtained an option to purchase this 2.0 parcel providing it can be rezoned the same as the acreage of the applicant which lies next to this parcel. They want to store pipe on this parcel. They have no plans to put up any buildings. The 2.6 acre parcel does have some buildings on it. This property would, however, be fenced. Brian Bingle reported the Fort Lupton Planning Commission is in favor of this request being granted. This property is within their industrial plan area. Also, there are many other commercial properties in this area. Tape 284 - Side 2 John Berry reported property to the east of this land is still agricultural. Access to this property would be through the 2.6 acre tract. The applicant wishes to amend the recorded exemption to make this a 4.6 acre tract rather than two parcels of 2.0 and 2.6 acres individually. The Chairman asked the applicant if they had reviewed the recommendations and conditions outlined by the Department of Planning Services staff. He stated they have no objections to these as written. The Chairman called for discussion from the members of the audience. There was none. 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: Paulette Weaver moved Case Number Z-433:87:2 for R & R Hot Shot Service for a Change of Zone from an Agricultural to a Commercial-Three zone district 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 of the applicant. Motion seconded by Lydia Dunbar. The Chairman called for discussion from the members of Planning Commission. No further discussion followed The Chairman asked the Secretary to poll the members of the Planning Commission for their decision. Paulette Weaver - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Lydia Dunbar - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. 870836 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolve4_py,,, .wMd County Planning Commission that the application for: y' ' S`'' , CASE NUMBER: Z-433:87:2 NAME: R & R Hot Shot Service r'` JUN 51987. w�dvi�y gso . A ADDRESS: 9270 Quitman, Westminster, CO 80050 GRE_LEY. COLO. REQUEST: Change of Zone from "A" Agricultural district to "C-3" Commercial zone district LEGAL DESCRIPTION: Part of the NW} of Section 32, T2N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 miles north of the Town of Fort Lupton; south of Weld County Road 16 and east of State Highway 85. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The applicant has complied with the application requirements listed in Section 21.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 21.5 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan as outlined in both the Agricultural Goal Section 114, and the Urban Growth Boundary Goal Section #1. The agricultural goals explicitly encourage the location of commercial development adjacent to existing incorporated municipalities and in accordance with the municipalities adopted comprehensive goals and policies. The Urban Growth Boundary area also encourages the locational decision of commercial development so long as the proposal is consistent with the desires of the municipality. The City of Fort Lupton's Planning Commission has indicated that the proposal is consistent with its comprehensive plan. The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Goals and Policies and meets the following criteria: The proposed use is located within the Urban Growth Boundary Area of an existing municipality; 87073 X }6 Z-433:87:2 R & R Hot Shot Service Page 2 - The adjacent municipality does not consent to annex the property, nor will devleopment of this site constitute leapfrog or noncontiguous development. - The proposal is compatible with the Comprehensive Plan's transportation and public facilities and service goals and policies because it will not cause a significant impact nor require additional public facilities and services. - The use which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. The subject site is approximately 720 feet from U.S. Highway 85, which is zoned commercial from Weld County Road 14-1/2 north to approximately 600 feet north of Weld County Road 16. - At this time, the 2.6 acre lot to the north of the property under consideration is served by an individual well and by a septic system. This 2.6 acre parcel is owned by the applicant, is zoned C-3 (Commercial) , and will be combined with the property under consideration to show one contiguous ownership. - Adequate access to the property under consideration will be provided for by an existing 30 foot ingress, egress access off of Weld County Road 16; which is a local county road. This access is approximately 720 feet from the intersection of State Highway 85. Both the Weld County Department of Engineering and the Colorado Department of Highways have no objections. - The property under consideration is not located within any overlay district. - The property under consideration will not affect or interfere with the present or future extraction of commercial mineral deposits. - The soil type existing on the proposed site will not cause moderate or severe limitations to the construction of structures or facilities proposed for the site. The soil is Otero Sandy Loan having excellent potential for urban development as indicated by the Soil Survey of Weld County, Colorado, United States Department of Agriculture Soil Conservation Service, issued in September of 1980. 870736 Z-433:87:2 R & R Hot Shot Service Page 3 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1 . A site plan review shall be submitted to the Department of Planning Services by the applicant. This site plan review shall be accompanied by a certification which states and affirms that the specific uses, buildings and structures are designed and will be constructed and operated in accordance with the applicable performance standards and district requirements in this Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property is rezoned. 2. Building or electrical permits shall not be issued on the property until the Change of Zone plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Lydia Dunbar. Vote: For Passage Against Passage Paulette Weaver LeAnn Reid Ivan Gosnell Lydia Dunbar Ann Garrison 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 June 2, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 2nd day of June, 1987. ` Bobbie Good S700736 Secretary INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number .Zs4 s;' ,Z Submitted or Prepared Prior to Hearing At Hearing 1. Application // Pages v' 2. / Application. plat(s) / page(s) ✓ • 3. DPS Deferral Summary Sheet v/ 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List • 7. .3 DPS Maps Prepared by Planning Technician v/ 8. DPS Notice of Rearing i/ 9. DPS Case Summary Sheet ✓ 10. DPS Field Check 11. 12. 13. 14. 15. 16. 17. 18. 19. • 20. I hereby certify that the ,c' items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on - .:•s 19 e7. \ tP n j .. STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 6 -- DAY OF 19,%7 _. SEAL \\ • o , v � Cam© N ARY PUBLIC \ N.y Cr--Lsi,:- C ! 5. �3, 1939 870738• MY COMMTSSTON EXPIRES F bL.t T'7 EXHIBIT INVENTORY CONTROL SHEET Case COZ, A to C-3, R&R Hot Shot Service Exhibit Submitted By Exhibit Description r A. Ianr',,.x7 I,a t` l utter e j cad J ' _ B. rflUier.az L01)`il 7!,' 7O,1 C. / lf �t� l i...LtJ!. is ��illf n1 �.f All ' J LII i it)////,, , r F. Cti�.M/)1l rj f rnIe e° . (II 4 -',S frit tS G. H. I. J. R. L. M. N. 0. 870736 Date: May 27, 1987 CASE NUMBER: Z-433:87:22 NAME: R & R Hot Shot Service ADDRESS: 9270 Quitman, Westminster, CO 80050 BEQUEST: Change of Zone from "A" Agricultural district to "C-3" Commercial zone district LEGAL DESCRIPTION: Part of the NWI of Section 32, T2N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .25 miles north of the Town of Fort Lupton; south of Weld County Road 16 and east of State Highway 85. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1 . The applicant has complied with the application requirements listed in 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 proposal is consistent with the Weld County Comprehensive Plan as outlined in both the Agricultural Goal Section 1/4, and the Urban Growth Boundary Goal Section #1. The agricultural goals explicitly encourage the location of commercial development adjacent to existing incorporated municipalities and in accordance with the municipalities adopted comprehensive goals and policies. The Urban Growth Boundary area also encourages the locational decision of commercial -development so long as the proposal is consistent with the desires of the municipality. The City of Fort Lupton's Planning Commission has indicated that the proposal is consistent with its comprehensive plan. — The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Goals and Policies and meets the following criteria: - The proposed use is located within the Urban Growth Boundary Area of an existing municipality; - The adjacent municipality does not consent to annex the property, nor will devleopment of this site constitute leapfrog or noncontiguous development. 870736 Z-433:87:2 T & R Hot Shot Service Page 2 The proposal is compatible with the Comprehensive Plan's transportation and public facilities and service goals and policies because it will not cause a significant impact nor require additional public facilities and services. - The use which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. The subject site is approximately 720 feet from U.S. Highway 85, which is zoned commercial from Weld County Road 14-1/2 north to approximately 600 feet north of Weld County Road 16. - At this time, the 2.6 acre lot to the north of the property under consideration is served by an individual well and by a septic system. This 2.6 acre parcel is owned by the applicant, is zoned C-3 (Commercial) , and will be combined with the property under consideration to show one contiguous ownership. - Adequate access to the property under consideration will be provided for by an existing 30 foot ingress, egress access off of Weld County Road 16; which is a local county road. This access is approximately 720 feet from the intersection of State Highway 85. Both the Weld County Department of Engineering and the Colorado Department of Highways have no objections. - The property under consideration is not located within _any overlay district. - The property under consideration will not affect or interfere with the present or future extraction of commercial mineral deposits. - The soil type existing on the proposed site will not cause moderate or severe limitations to the construction of structures or facilities proposed for the site. The soil is Otero Sandy Loan having excellent potential for urban development as indicated by the Soil Survey of Weld County, Colorado, United States Department of Agriculture Soil Conservation Service, issued in September of 1980. 37073.6 Z-433:87:2 R & R Hot Shot Service Page 3 -This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. A site plan review shall be submitted to the Department of Planning Services by the applicant. This site plan review shall be accompanied by a certification which states and affirms that the specific uses, buildings and structures are designed and will be constructed and operated in accordance with the applicable performance standards and district requirements in this Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property is rezoned. 2. Building or electrical permits shall not be issued on the property until the Change of Zone plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. LAND-USE APPLICATION SUMMARY SHEET Date: May 26, 1987 CASE NUMBER: Z-433:87:2 NAME: R & R Hot Shot Service ADDRESS: 9270 Quitman, Westminister, CO 80030 REQUEST: Change of Zone from A (Agricultural) to C-3 (Commercial) LEGAL DESCRIPTION: Part of the NW} of Section 32, T2N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/4 mile north of the Town of Fort Lupton, south of Weld County Road 16, and east of State Highway 85. SIZE OF PARCEL: 2.00 Acres t POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 22.4 of the Weld County Zoning Ordinance. The Department of Planning Service's Staff has received a specific recommendation from the following entity: — Platte Valley Soil Conservation A copy of this referral response is included in this summary packet. The Department of Planning Service's Staff has received no objection to the proposal from the following entities: - Weld County Health Department - Weld County Engineering Department — Office of Emergency Management — State Highway Department - Town of Tort Lupton - Fort Lupton Fire District - ZeAnn Reid, Planning Commission Member - Surrounding Property Owners Referral responses have not been received from the following: - State Engineer Division Water Resources B70736 H • i • ' I - i . .. 1 i . ELYit - j 1 `'d t . 92 • 1,5- 12 I 3 rj P0 l• .1 q33'. °°xx 1 • 7. • r •I . �, :( a '.I, I , Ce / - 11 II , �. il� �, • • • " C •;-7_, X •.T ee uFVA )...2 . u 7- ' 1A,-) x• I m zi it / z4 n a m ro•►u 21 • . ass �I 1 7. Exi x• �� z� F .a >o e. ; 6-'36 „ ire • • ° , 4 ,Z. . 1 I clxj - I • '... I •el' i.' 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Gs lT �' ''9•T 1 '� fi',1. a'0 i' • a• -; 1.o.g;` —i . a R^�' '�a" N'' ' yy$} i .i'_ - s# , * 4 1 _„ a 4hy.t {', {��y.�Q /*tc -i: • ! r-A s- ` -it ! 1' •y. !�t�( i IKSd� ..T� � ,,[�'��{ .�y \ a E40 , . R n�fW _ t r i' l .{• 'ran*f�I. , .)`., •. } ,i ../ .'•'r' r t g1 tf aC Jt ' t $; .; x ^. i r r r.. + A .r REFERRAL LIST APPLICANT: R & R Hot Shot Service CASE NUMBER: COZ-433:87:2 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: May 18, 1987 NO SR NR NO SR NR ✓ X Weld County Health Dept. ✓/ X Engineering Department X Office of Emergency Mngmt 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 Town of Fort Lupton c/o Robert Crumb P.O. Box 148 Fort Lupton, CO 80621 Phone: 857-6694 X LeAnn Reid Planning Commission Member 7830 Weld County Road 81 Roggen, CO 80652 / X Platte Valley Soil Conservation ✓ -60 South 27th Avenue Brighton, CO 80621 X Fort Lupton Fire District £/o -Larry Richardson 1121 Denver Avenue Tort -Lupton, CO 80621 NO=No Objection SR=Specific Recommendations NR—No Response 870736 Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 - Phone 659-7004 May 13, 1987 Mn.. Brian J. Btngle, Planner. weld County, Colorado Depatbnent ob 1'lann-Lng Sehvtceo 915 Tenth. S.tn.ee t Gneetey, CO 80631 RE: Case Numba& COZ-413:J7:2 RER Hot Shot SeAv.iceo, Inc. Dean Mit. B.ingte: The location bah th-o pnopoaal to an Prime Agn%cuttunal Land. This according to the Impontant Farmland Map ban (Veld County, Colonada. This coil has a moderately nztptd peluneab.ie ty as any ti.qutd spitted on dumped on -the 4tutbace could _cause a hazard ob gnaund water. contamina- tion. -Any uae ob .this area should pnov.ide pnatecttan beam -oo-U eno4-Lon. Stncexeey, 777, c l� Clyde Abbett, Tne&Ldent Bawtd ab Supeltv.isona `1371- --id-„)7.Q7 ''- - . MAY 15 1987 r ice - Weld Co. PlanamR Cumnussim: CONSERVATION-DEVELOPMENT-SELF-GOVERNMENT 870736 FIELD CHECK FILING NUMBER: Z-433:87:2 DATE OF INSPECTION: May 15, 1987 NAME: R & R Hot Shot Service REQUEST: Change of Zone permit from 1A (Agriculture) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the NW} of Section 32, 12N, R66W of the 6th P.M. , Weld County, Colorado. -LOCATION: Approximately .25 miles north of the Town of Fort Lupton; south of -Weld County Road 16 and east of State highway 85. LAND USE: N Storage, R & R -Building, Weld County Road 16, and farmland cultivated. E Single family residence and grass field. S Open space W Union -Pacific Railroad, storage yard, and State Highway 85. ZONING: N C-3 (Commercial) and Agricultural E Agricultural S Agriculture and approximately .25 miles from the Town of Tort Lupton. W C-3 (Commercial) COMMENTS: There are two accesses nn to the property off of Weld -County Road 16, being a County local in functional character. Existing on the property at this time is an office maintenance building, parking area, storage for the oil tanks, and piping. to the intersection of Weld County Road 16 and State Highway 85, there exists another oil business similar to R & R and also the John Deer Farm Equipment sales. State Highway 85 is strip commercial within this vicinity. To the south, approximately a quarter of a mile, there exists -an aluminum recycling center and Four Seasons Manufacturing Warehouse. All other land is either open space or utilized for crop production. B J e Curre Planer 870736 , ` '` DEPAR"i \ -NT OF PLANNING SERVICES s PHONE(303)356-4000 EXT.4400 (It 915 10th STREET C. GREELEY,DOLORAD0110631 it I W z . O R � COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on June 2, 1987, at 1:30 p.m. to review a request for approval of a change from A (Agricultural District) to _C-3 Commercial District) _from R & R Hot Shot Service, lncorprated. The parcel of land is described as part of the NWi of Section 32, T2N, R66W of the 6th P.M. , Weld County, Colorado, -containing 2.0 acres, more or less. The property is located approximately 1/4 mile north of the Town of -Fort Lupton; south of -Weld County Road 1-6, and east of State Highway :85. 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 door, Weld County Centennial Center, 915 Senth 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 June 2, 1-987. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial tenter, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4-000, Extension 4400. Jack Holman, Chairman -Weld -County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by May 14, 1987 Received by: Date: 690736 SURROUNDTNG PROPERTY OWNERS COZ-433:87:2 R & R Hot Shot, Incorporated Colorado National Bank, Trustee P.O. Box 516TA Denver, CO 80217 Pierce RH Manufacturing Company P.O. Box 528 Eugene, OR 97-440 Anderson Holding Company 6446 Sycamore Katy, TX 77449 Trinidad and Leora Cortez 1682 Denver Avenue Fort _Lupton, CO 80621 George Whittman, Junior 378 South 24th Avenue Brighton, CO 80601 Delbert Z. and Mary Jane Fast 71 Kahil Fort Lupton, CO B0621 Evangeline V. Tacor-ante 1772 Denver Avenue Fort Lupton, CO 80621 State -o₹ Colorado Department of -Highways 4201 East Arkansas Avenue Denver, CO 80222 A & W Water Service, Incorporated 1892 Denver Avenue Fort Lupton, CO 80621 Golden Recycle Company Department Number 807 Property Tax Section Golden, CO 80401 Cummings Implement of Fort Lupton, Inc. P.D. Box 239 Fort Lupton, -CO 80621 Lloyd L. , Eileen E. , and _Cheryl L. Land 14021 Country Hills drive Brighton, CO 80601 870736 Page 2 Lupton—North 5305 West 86th Avenue Arvada, CO 80003 R & R Hot Shot Service, Incorporated 9270 Quitman We-stminister, CO 80030 8 70736 SURROUNDING MINERAL OWNERS COZ-433:87:2 R & R Hot Shot, Incorporated Charles R. Barr 870 Denver Club Building Denver, CO 80202 Amoco Production Company Security Life Building Denver, CO 80202 Jim Syder Jim Syder Drilling Company 870 Denver Club Building Denver, CO 89202 Shirley I. Barr 2025 Cherryville Road Littleton, CO 80121 Champlin Petroleum Company P.O. Box 1257 Englewood, -CO 80110 Colorado National Bank, Srustee P.O. Box 5168, TA Denver, CO 80217 870736 REZONING APPLICATION Case # Weld County, Colorado Dept. of Planning Services App. Ch'd By: Date Rec'd: 913 10th Street App. Fee: Receipt #: Greeley, Colorado 80631 Record. Fee Receipt #: TO BE COMPLETED EY 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 Couwissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: (See attached Addendum "A") (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE Aq PROPOSED ZONE C-3 TOTAL ACREAGE 2.0 OVERLAY ZONES none SURFACE FEE (PROPERTY OWNERS) OF -AREA PROPOSED FOR REZONING: Name: Dora Saliman Home Telephone #: Address: %Colorado Nat' l Bank trust Dept. Bus. Telephone #: 893-1862 PD Box 516-8, Denver, CO 8U217 Name: Belle Lieberman Home Telephone t: Address: %Colorado Nat'l Bank Trust Dept. Bus. Telephone #: 893-1862 PO Box 5168, -Denver, CO 80217 Name: Sylvia Rubin Home Telephone #: Address: %Colorado Nat'l Bank Trust Dept. Fus. Telephone #: 893-1862 PO Box 5168, Denver, CO 80217 80217 Ruth Strathman, %Colorado Nat'l. Bank Trust Dept. O Tel 5168168,, Denver, CO Applicant or Authorized Agent (if different than above) : BuP Name: R & Zt Hot Shot Service, Inc. Home Telephone 1°: Address: 9270 Quitman Bus. Telephone #: 426-8911 Westminister, CO 80D30 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: (see attached list of mineral owners/lessees) Address Name: Address: Name: Address: I hereby depose end 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 dcnowledge. COUNTY OF WELD ) STATE OF COLORADO ) R &_R HOT -SHOT SERVICE, INC. i Signature: Owner or Authorized Agent Subscribed and sworn to before me this 8th day of April ,19B7 . SEAL I,0 NOTARY PUBLIC My Commission expires: -9-16-88 870736 _ rs- LEGAL DESCRIPTION: That part of the Northwest one-quarter Section 32, Township 1 Worth, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, described as: -Beginning at the Northwest corner said Northwest one—quarter; thence SS9'l3'a0'E on an assumed bearing along the Borth line said Northwest one-quarter a distance of 806.80 feet to a point on the Bast R.O.W. li=ne of Union pacific Bath-cad; thence S00'00'00'W along said flail-road R.O.W. line a • distance of• 41b.23 feet to the -True Point of Beginning;' thence continuing S00-600'00"W along said Railroad gt.O-W., line a distance of 289.35 feet to a point_; thence 9°4-5 40'E parallel with the North line said Northwest one-qurter a distance of 301 ,-09 feet to a a daspooint;othen9e35Dfeet•to■a parallel with said railroad R.O.W. with said North line Northwest one-quarter a dint: thence istance of 33001r.009e1 feet to the -True Point of Beginning. Contains: 2.000 _Acres amore or less. 810736 AFFIDAVIT OF INTEREST OWNEPS SURFACE ESTATE Application No. Subject Property 2.0 acre tract in NW 1/4 of Section 32, T2N, R66 STATE CF _COLORADO ) ss. COUNTY OF WELD THE 1JNDERSIGNED, 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, address-es 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, Dr 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) Aays of the application submission _date. John J . cry Attorne for Ap cant The foregoing instrument was subscribed -and sworn to before me this 10th day April , 1987 by John J. Barry , Attorney for Applicant. WITNESS -my hand and official seal . My Commission expires : -9-16—88 htil -/, Notary Public 870736 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Colorado National Bank, Trustee, PO Box 5168TA, Denver, CO 80217 130932017 Pierce RH Manufacturing CO. , PO Box 528, Eugene, OR 97440 130932019 Anderson Holding Co. , 6446 Sycamore, Katy, TX 77449 130932022 Trinidad and Leora Cortez, 1682 Denver Avenue, Ft. Lupton, CO 80621 130932023 George Whittman, Jr. , 378 3. 24th Avenue, Brighton, CO 80601 130932024 Delbert L. and Mary Jane Fast, 71 Kahil, Ft. Lupton, CO 80621 130932025 Evangeline V. Tacorante, 1772 Denver Ave. , Ft. Lupton, CO -80621 2Z130932026 _State of Colorado Dept. of Highways, 4201 E. Arkansas Ave, Denve8?2C0 130932027 A & W Wat-ar Service, Inc. , 1892 Denver Ave., Ft. Lupton, CO £0621 130932028 Golden Recycle Co. , Dept. #807, Property Tax Section, Golden, CO 80401 130932060 Cummings Implement of Ft. 1.upton, Inc PO Box 239, Ft. Lupton, CO 80621 139929034 Lloyd 1,. Land, Eileen E. Land and Cheryl L. Land 14021 Country -Hills Drive, Brighton, CO 80601 136929037 Lupton-North. 3305 W. 86th Avenue, -Arvada, _CO 80003 130929066 R & R Hot Shot Service, Inc. , 9270 Quitman, Westminister, CO 80930 (not yet assigned) 8707 AFFIDAVIT OF INTEREST OWNERS MI-NERALS AND/OR SUBSURFACE Application No. Subject Property 2.0 acre tract in NW 1/4 of Section 32, T2N, R66 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 arid lessees of mineral -owners on Dr 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 OTfice, or from an 'ownership update from a title or abstract company or an attorney. John . Barry 0 Att ney for Applicant The foregoing instrument was subscribed and sworn to bafore me this 10th day of April , 197 By John J. Barry, Attorney for Applicant. WITNESS my hand and official seal . My Commission -expires : 9-16-88 A r Lc") - V Notary Public 870736 NAMES AND ADDRESSES OF MINERAL OWNERS/LESSEES NAME ADDRESS, TOWN/CITY STATE AND ZIP CODE Charles R. Barr 870 Denver Club Building, Denver, CO 80202 Amoco Production Co. Security Life Building, Denver, CO 80202 Jim Snyder, dba Jim Snyder Drilling Company 870 Denver Club Building, Denver, CO 80202 Shirley I. Barr 2025 Cherryville Road, Littleton, CO 80121 Champlin Petroleum Co. PO Box 1257, Englewood, CO 80110 Colorado National Bank, Trustee PO Box 5168, TES tenver, CO 80217 870736 ESCROW AGREEMENT between R & R Hoc Shot Service , Inc . tpurchaser and Dora Saliman , Belle Lieberman , Sylvia Rubin , and Ruth Strathman tsellers ) Seller has granted an option to purchaser to purchase approximately two ( 2 ) acres of land in Weld County , Colorado . Legal description is attached as Addendum A . Deeds to this property are to be held by Escrow Agent until after the following require- ments have been completed and proof thereof is ascertained . A. Purchaser is to obtain at Purchaser ' s sole risk and expense: all zoning necessary to enable Sellers to lawfully convey the parcel in Lull accordance with the requirements of C .R.S . 30-28-110(4 ) ( x ) , more fully defined in C . R . S . 30-28-101 ( 9 ) and ( 10 ) and in accordance with the appli- cable regulations of the Board of £ounty Commissioners of Weld County. B. After zoning change is complete , Escrow Agent will notify Sellers , in care of The Colorado National Bank, Trust Real Estate Department and the purchaser. Purchaser and Sellers will then provide Escrow Agent with certified funds in an amount equal to their portion of the charges as shown on the attached settlement sheets . Taxes will have to be pro- rated to the day of closing. Escrow Agent will then send deed for recording in Weld County and disburse funds in accordance with attached settlement sheets . C. If purchaser is unable to effect zoning change on or before June 30, 1988 , unrecorded deeds will be returned to Sellers in tare of The Colorado National Bank of Denver, Trust Real Estate Department . The Sellers will be responsible for the cancellation fee on the title insurance policy. A.44./.424., The Co 2rado National Bank of James S . Wright , Pre . Denver as agent for Sellers :/R & R Hot Shot Service , Inc . by Ji'dith 4. Comstock 870736 `CNB ""'� COLOlwDO NATIONAL BANK Li) OF DENVER December 12, 1986 Account No. 40-14204-00 Mr. Jim Wright 9270 Quitman Westminster, CO 80030 Dear Jim: The main purpose of this letter is to -stat-e that The Colorado National Bank of Denver will not oppose or object to your effort to rezone the two -acre parcel that you have under an option contract with us. It is our understanding that you will he attempting to include this two acre parcel into the -existing 2.-6 acre PIID that is also under contract. I have found a surveyor who is -more reasonable in Fort Lupton. I have sent them a map and the materials that they need to gener-ate the legal description for that two -acr-e parcel. They will _probably -get out and survey both parc-els in about 10 days. We are in the process of drawing up the deeds and once we get the -proper legal -descriptions, we will have them completed. I will send you copies of the deed-s once we -have them in final form. This is so that you can -review them before closing when we bring the final deeds in thatrtata ttgned by the four ladies that we are agent -for. Sincerely yours, Derrick -Robinson Trust Real _Estate DR:kmp Seventeenth Street at Champa Mailing Address: 8'70736 Denver, Colorado 80202 P.O.9ox 5168 (303)893-1862 Denver, CO 80217 or drilled into a firm, clean sot e..um stubble. Seeding tivating only in .e 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 best suited are skunkbush sumac, lilac, and Siberian nesting cover is essential and should be included in plans 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 G-reeley-and the surrounding area pheasant and mourning-dove. Many nongame species can -has-resulted in urbanization of much of this Otero soil. the-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, Capability subclass IIsirrigated. -managing livestoc-kgrazing, and reseeding where needed. 51—Otero sandy loam, 1 to 3percent slopes. This is a Few areas of this soil are in major growth and ur- deep,-well drained soil on plains at elevations of 4,700 to banized centers. The chief limiting feature is the rapid 5,250 feet. It formed in mixed outwash and eolian -permeability in the substratum. whie'h causes a hazard of deposits. Included in mapping are smallareas of soils that 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, Vle-nonirrigated; Deep 12 inches thick. The underlying material to a_depth of 60 Sand-range site. inches is pale brown calcareous fine sandy loam. 50-Oterosandy loam, 0 to 1 percent slopes. This is-a Permeability is -rapid. Available water capacity is deep, -well -drained soil on smooth-plains at elevations of moderate. The effective -rooting depth is 60 inches or -4,700 to 5,250 feet. It formed in-mixed-out-wash and eolian more. Surface runoff is slow,and the erosion hazard is deposits. Included in mappingare small areas of soils that low. have loamand 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 12inches thick The underlying material to a depth of 60 leveling, ditch lining, and installing pipelines may be inches is pale brown calcareous-fine sandy loam. needed forproper 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 com- more. Surface runoff is slow, -and the erosion -hazard is mercial fertilizer are needed for top yields. low. In nonirrigated areas this soil is suited to winter wheat, 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 ing corn, sugar_beets, beans, alfalfa, small grain, potatoes, per acre. The soil is summer fallowed in alternate years and onions. An example of a-suitable cropping system is 3 to allow moisture accumulation. Generally precipitaiton is to-4 years of alfalfa followed by corn, corn for silage, too low for beneficial use oTfertilizer. sugar beets, small grain, or beans. Generally, such charac- Stubble mulch farming,striperopping,and-minimum til- 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. 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 management is essential. Barnyard manure and commer- -grama. Needleandthread, switchgrass, sideoats grama, cial fertilizerare needed for top yields. and western wheatgrass are also prominent. Potential Windbreaks and environmental plantings are generally production ranges from 2,200 pounds per acre in favora- suited to this soil. Soil blowing, the -principal hazard in ble years to 1,800 pounds in_unfavorable years. As range establishing trees and shrubs, can be controlled by cul- _condition deteriorates, the sand bluestem. sand reedgrass, 870736 • APPLICANT'S STATEMENT REGARDING WELD COUNTY REZONING APPLICATION NO. The following is the statement of R & R Hot Shot Service, Inc. , the applicant , in support of its application for rezoning of the 2 .0 acre parcel located in the Northwest Quarter of Section 32 , Township 2 North, Range 6E West of the 6th P.M. in Weld County, Colorado. The application seeks to have a 2 acre parcel rezoned from agricultural to C-3 , in order that the applicant might utilize the 2 .0 acres as additional storage space for oil field equipment and supplies . The applicant owns the parcel of 2 .6 acres which is immediately north of the site proposed for rezoning, and the applicant is in need of additional storage space in conjunction with his use of the north parcel . The applicant has no plans for construction on the 2 .0 acre site , and there presently are no structures whatsoever on that site . The proposed rezoning is consistent with the Weld County Comprehensive -Plan in that the applicant does not plan on erecting any structure whatsoever upon this site , and the propo- sal would enable the applicant to utilize the property to an extent much greater than it is used presently. The property is bordered on the west by a railroad right-of-way and on the north by the applicant' s business building , and , therefore, it is dif- ficult to farm the 2 .0 acre tract . The use of the property for additional storage space results in a full-er use of the property without causing an increased traffic flow and without causing a significant change in the use of the land in the area concerned . The proposed rezoning will be compatable with the surrounding land uses in that the applicant' s proposed use of the 2 .0 acre tract will be consistent with the use ofthe property immediately to the north of this site . -As already stated , the applicant owns the 2 .6 acre tract immediately north of the proposed site, and that tract is presently used as an office and a storage site for applicant' s oil field equipment and supplies . Immediately to the west of the proposed site is the railroad right-of-way, which , of course, is not presently used by the applicant or any other party . Immediately to the south and -east of the proposed site is f-arm ground , which is presently held in the name of the Colorado National -Bank of Denver , as Trustee. The applicant does not propose to utilize additional public utilities to the proposed site , as the applicant presently has a water well and septic tank servicing the 2 .6 acre tract which applicant utilizes and which is immediately north of the proposed site . Since the applicant proposes to utilize the 2 .0 acre tract as merely additional , outside storage space, this should not result in increased demands upon water or sewer . The soil classification at the proposed site is Otero-SM, which applicant believes will he satisfactory for its proposed use, the outside storing of oil field equipment and supplies . Access to the proposed 2 .0 acre site can be gained through the access which is present upon the 2 .6 acre site immediately to the north. There are presently two -means of access to the 2 .6 acre tract which borders upon the south shoulder of Weld County Road 1E . Applicant would not utilize any additional access routes to the 2 .0 acres lying to the south , and all access to the 2 .0 acres would be gained through the 2 .S acre tract. Therefore, access to the proposed site would be no problem, as this would be obtained solely through the south end of the 2 .6 acre tract owned by applicant . 870736 The site proposed for a zone change is not located within a flood plain , geologic hazard or Weld County Airport Overlay District . A copy of the option whereby the applicant has obtained its interest in the 2 .0 acre parcel is attached hereto and incor- porated herein fully. Also the certified list of persons within 500 feet of the proposed site as well as the list of persons who may have an interest in the minerals underlying the 2 .0 acre site are att-ached hereto also. Lastly, the vicinity and land use map prepared by Alpha Engineering is also provided . I remain willing at all times to cooperate with the Planning Department and Board of County Commissioners i-n all respects in order to explain in further detail the season for the rezoni-ng application and the ramifications of rezoning . I welcome any contact from Weld County officials and their staff . X ' ) - 21 /.Uu %/0 2e RA R HOT SHOT RVIC , INC 9170 Quitman Westminister , CO 80030 Telephone: 303-42E-8911 870736 WRIGHT ZONE CHANGE Z - 433 : 87: 2 DISTRICT TO DISTRICT S89°4540"E '9' NORTH LINE,NW I/4 806.80 W. C. ROAD 16 NW COR.,NW I/4 SEC.32,T2N,R66W NI/4 COR. SEC.32 i 2 M i N d 12 de -2 �s la” N89°45'40"W-301.09 .P.O.B. i tit M= N M 6- m w N N N CE I I 3 Contains: 2.000 Acres — o more or less. o O o ° O C o ° I O 0 �,, N -z 200' 1 S189°45'40"E- 301.09 • N SECTION CORNER SCALE : III= 1001 W (� E 1).. --PROPERTY PIN FOUND *C7::::. O -PROPERTY PIN SIT = LEGAL DESCRIPTION: 7 That -part of the Northwest one-quarter Section 32, Township 2 North, ' Range 66 West of the 6th Principal Meridian, Weld County, Colorado, described as : Beginning -at the Northwest corner said Northwest one-quarter; thence 889°-05 ' 40"E on an assumed bearing -along the North line said Northwest one-quarter a distance of 806 . 8D feet to a point on the East R.O.W. line of Union Pacific Railroad ; thence S00°00 ' 0-0"W along said Railroad -R.O.-W. line a distance of' 41b . 23 feet to the True Point of Beginning;' thence continuing S00°00 ' 00"W along said Railroad R.O.W. line -a distance of 289 . 35 feet to a point ; thence SB-9°45 ' 413"E parallel with the North line said Northwest one-qurter a distance -of 301 .139 feet to a point ; thence N00°0A '-00"E pa-rall-el with said railroad R.O.W. a distance of 289 . 33 feet to a ,point; thence N89°4'5 '-40"W parallel with said North line Northwest one-quarter a distance of 301 . 09 feet to the True Point of Beginning. Contains : 2 .000 Acres more or Less . SHEET I OF 2 Z- 433: 87: 2 SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepared under my supervision; and that the same is correct to the best of my knowledge and„beliet, DATE -¢ — /— a ` it) "' s--e F Cecil R. Crowe P-E. & L.S. 12330 : • • °v" e c• -• ), 4 0.1• , -#.'-...T`r .2 'l 4 PROP TY OWNERS APPROMAL1 / � , j7 I,, u— J. it L . , being the sole owner(s) in fee of % tlrelabove described property, do hereby request the zoning as shown oW the attached map. L , . / .// ( ' The foregoing certification was acknowledged before me this A.D- , 19 _ Witness my hand and seal. My Commission expires: Notary -Public PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commission does hereby recommend to the Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this Zone Change as sho /ynyd, described hereon this 2 day of -Ju rer , 19e7 Chairm , Planning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION: This is to certify that the Board of County Commissioners, Weld County, Colorado do hereby confirm, approve d adopt t •s Zone Change -as shown and described ₹hereon this day of 1-921 .cgiATTEST: (GLP+S_ �,lriawl '�Zlt6nA�Sll�rd �/ Count Clerk C oa o . Commissioners .;,� (4 J RECORDED: Depu my DATE: • i (FS`Rttn`' ' -- s41 - F , g e � nrrN Prepared By : ALPHA £NG. FIL£ NO. 32 -2N6- " 35 SHEET 2 OF -2 .sw,wAayswbkmM••-aa4P'm•.-.'.i Yw'*:PR%PTAs%4S+ wu..- Hello