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Home My WebLink About911059.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM R-1 (LOW DENSITY RESIDENTIAL) TO C-3 (COMMERCIAL) FOR GERRITY OIL AND GAS CORPORATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 4th day of September, 1991, at 10:00 a.m. for the purpose of hearing the application of Gerrity Oil and Gas Corporation, 4100 East Mississippi Avenue, #1200, Denver, Colorado 80222, requesting a Change of Zone from R-1 (Low Density Residential) to 2-=t3_ (Commercial) for a parcel of land located on the following described real estate, to-wit: Part of the Ws of Lot 2 in the SWaSEa of Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Fred Otis, Attorney, and WHEREAS, Section 21.6.2 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 21.7 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 21.6 of the Weld County Zoning Ordinance as follows: A. The existing zoning of the property is faulty, and changing conditions in the area warrant a change of zone. B. The uses allowed on the property will be compatible with the surrounding land uses. C. Adequate water and sewer service is available to serve the site. D. Street and highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zoned district. PL0845 911059 Page 2 RE: COZ - GERRITY OIL & GAS CORPORATION NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Gerrity Oil and Gas Corporation for a Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Change of Zone plat, the following notes shall be placed on the plat: A. This Change of Zone shall be maintained in compliance with the Airport Overlay District requirements as set forth in the Weld County Zoning Ordinance. B. A site plan review is required in accordance with Section 23 of the Weld County Zoning Ordinance. 2. If a development of use is determined to have an impact on Weld County roads, approval of a road improvements agreement with the Board of County Commissioners shall be required as part of the site plan review approval process. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D. , 1991. � ,/ J BOARD OF COUNTY COMMISSIONERS ATTEST: Dpu WELD COUN Y, LORADO Weld County Clerk to the Board AYE Gor a 'rma . By: Depu y Clerk to t eo ge Ken y, Pro-Tem APPROVED AS TO FORM: / onstaaancye�L. Harbert C)721frtlar � (AYE) C Attorney C. W. Kirby ('l/ ,7 4h,e•,T7 (NAY) W. H. Webster �L 911059 HEARING CERTIFICATION DOCKET N0. 91-48 RE: CHANGE OF ZONE FROM R-1 (LOW DENSITY RESIDENTIAL) TO C-3 (COMMERCIAL) - GERRITY OIL AND GAS CORPORATION A public hearing was conducted on September 4, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated July 29, 1991, and duly published August 1, 1991, in The New News, a public hearing was conducted to consider the request of Gerrity Oil and Gas Corporation for a Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, read the favorable Resolution of the Planning Commission into the record, and she asked that the Planning staff's recommendation be entered into the record as written. Fred Otis, Attorney, represented the applicant, and introduced representatives from Gerrity. Mr. Otis described the 2.5-acre piece of property and the history of the building on the site. He said Gerrity would use the site for local operations, which would consist of three employees and approximately fourteen trucks going off and on the property. Wendall Jamison, Gerrity representative, submitted photos of the surrounding property and explained each photo. Said photos were marked as Exhibits A-K from the Planning Commission's hearing. (Change to Tape 1191-25) Robert See, current owner of the property, gave some background on the building and made further comments on the surrounding property. He submitted a document, marked as Exhibit L, from the Weld County Assessor's Office which classified the property as Commercial. Mr. Otis said that most of the zoning in the area is Commercial and Industrial, and they are willing to route the traffic away from the church and school. Mr. Jamison answered questions of the Board and explained a landscape model of the area. He said during the day the cars would be parked behind, or east, of the building, and inside during the night. Mr. Otis answered further questions of the Board and explained the alternatives Gerrity discussed with the Planning staff. It was resolved that the Change of Zone process was their only choice, and again he stressed the mitigation of the traffic concerns. Walter Schenkman, Tim Waters, Superintendent of School District 6, Christine Fetig, Cathy Anderson, on behalf of Don Rogers, Don Rangel, Julie Ballard, on behalf of Christ Christian Church, and Fred Tjardes all spoke in opposition of said request. There was discussion between Mr. Tjardes, Mr. Morrison, and Ms. Swanson concerning the zoning alternatives. Commissioner Harbert suggested the installation of a sidewalk and bike path along Balsam Avenue for safety purposes. Mr. Morrison explained that specific items are usually addressed in the site plan review process. Mr. Otis said this seems to be a unique situation, where the area was zoned incorrectly in the beginning. He said the City and County Planning Commissions have approved their application, and the area will be developed sooner or later. Commissioner Webster suggested trying to develop an alternate access, rather than onto Balsam Avenue. After discussion, it was determined that an alternate access was not available. 911059 �C D-SC Page 2 RE: HEARING CERTIFICATION - GERRITY OIL & GAS CORP. Commissioner Harbert questioned whether Gerrity would be willing to make a verbal committment to contributing to a sidewalk and bikepath. Mr. Otis said they would be willing to pay their share of an assessment for a local improvement district. Mr. Morrison said a sidewalk can be included in a local improvement district. Commissioner Kirby moved to approve the request of Gerrity Oil and Gas Corporation for a Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) , based on the recommendation of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Kennedy, who said he would vote for the motion. He said he understands the citizens concerns; however, the area is primarily commercial. Commissioner Kirby said he feels that having the business mixed with the residential has its positive side. Commissioner Harbert said she would also vote for the motion, because she feels there are more pluses than minuses. Commissioner Webster said he is concerned about the health and safety of the neighborhood and what the future owners of the site may be like; therefore, he would vote against the motion. The motion carried four to one, with Commissioner Webster voting nay. This Certification was approved on the 9th day of September, 1991. - -/ APPROVED: ATTEST: /�d ight BOARD OF COUNTY COMMISSIONERS WELD COU TY, OLORADO Weld County Clerk to the Board • By: )/1E14X Gor . Lacy, rman Deputy rk to the Board Ge a Kennedy, Pro-Tem TAPE 1191-24 & 1191-25 Constance L. Harber DOCKET 1191-48 C. W. Kirby PL0845 /f/0 W. H. Webster 911059 ATTENDANCE RECORD HEARINGS �A}RE AS FOLLOWS ON THIS / � 6 DAY OF �tlr �viti , 1991 : /479/_ DOCKET A q i-35 - �e 1 2, itr 874 / •,X' e'af. (i�iinct/M Att Idbm�uc t CLAt fir;,) DOCKET i 91_40 _ t l_i,t art a� W A., ,3 a DOCKET # �,{ � �M �� r �S� DOCKET # 9/- q8 - t aiL�� ©d 0 7 �� / lattiit) - 019Z DOCKET i PLEASE write or print your name legibly, your address and the DOC # (as listed above) or the name of the applicant of the hearing you are attending. , NAME ADDRESS HEARING ATTENDING R0mit4 1..,1 C. Col-1--1AlS it 3 iti "5,o GAe-(cej ?/- Vo Ji /M .DftittN DDT j3,1 S.W434-cJ V- If& v , f�l Owl. (,t.#��. c_pn. fly 0— ---robed- ciE . ge ry-.-1 Cs 1 6zA-t�W �. V/7thV CO c!' /S- IQ. aeet:.:7 �n , S'�` • `G pu� . C �lcw�• I Qty w<C is ,, eace 'fig,/ �VI\�._�.� ns 116951pcR /S/ Fi. roll;n5 u --U-c.r i 2 z 7,S1- y)S/ C / e - st 7, arItt fkitano(an `neo r_ ill/55/55/ 3 r� i .� PiemrIr Crd tai y- ,Ive,.4,24At JAM /tra 10/6 'LbT.e. c,c" .9r"'T %• a bit t"aeZ, r'oz 0 Gei2."en/ I1ntl -\:? Uw\-1''QS- 19q°Lo 1)�`R4lp i<-tt`S*.A\ (T/erviA� flar/p. lid arcRCi' /007 - V9 A '. c� Uert., 17 9 .x.,059 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 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. 91-48 Gerrity Oil and Gas Corporation 4100 E. Mississippi Avenue, #1200 Denver, Colorado 80222 DATE: September 4, 1991 TIME: 10:00 A.M. REQUEST: Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the WI of Lot 2 in the SWI,SE,' of Section 9, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: East of Balsam Avenue, approximately 300 feet south of East 18th Street (Highway 34) . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Cathy Flat, Deputy DATED: July 29, 1991 PUBLISHED: August 1, 1991, in The New News 91.1059 r\LOA 64 r 6 CU, i p c: _' 1 S 7: l'?,Iti � � STATE OF COLORADO ) CLEF:.: • )s.s• TO THE Ea.:.iil COUNTY OF WELD ) David B. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly . published therein 'of the 6tb during a period of at least 5North.Na asW�eraadoo fifty-two consecutive weeks prior to NOTICE IP,OMCATI0N:� as i,� the first publication of the annexed lrsuarnit a do°�jHI Wein sof 'ol oPPrE�GiAvt6 crest notice; that said newspaper is a imol y,ering � m Me bne (IRghway mho can O COMMISSIONERS newspaper within the meaning of the i1elardbe rreneof wu� )ountY By... D AALDb�WARD" act of the General Assembly of the Coloraao, Wew Loan lle, YIELD CO State of Colorado,. entitled "An Act �o"or,,'°reesk Idth y,county In,nnyy BY Ca ftK TO THE BOARD to regulate the printing of legal name!'I�re�gi"��le are °��p�(Pm' " man, i^ notices and advertisements, ' and •reposedrd a arUe and may he The New Newa amendments thereto; that the notice ;E t& me applieant��r any of which the annexed is a printed rreeere n `�e et agof�p eedinct copy taken from said newspaper, was nae�Itl `"` iatinsw�tl willowbe published in said newspaper, and in fe e�' Ti oead �` Board's feed cum advised m e d"t the regular and entire issue of dg"e" 8c°°" a least eTuee every number thereof , a��Pa�t sr t son*DY the mE a so certified by Ne Of1Ce a week for - ;Veld County nd Planningthe °thee col successive weeks; that said notice yck be"'tn ux Roamined Id ra a coenOtYr rofrem, located N was so published in 'said newspaper the—wsi°Oa� tbYur "s• r• aoFioso�: proper and not in any supplement Greele NO to thereof , and that the first APPLICANT: Oer` um aE GMiasiasip"�``Avenue No.. 120D, publication of said notice as Coloraaa� Denver, aforesaid, was on the DATE: September,, fZi TIME: 10: A.M.e d Zone Irons REQUEST: Cat Residential) to . day of 19 R-t(Low Dem ..a �, I�EGALo DESCRl ON: PaR of um � Wl/2 of Lot 2 in the VVV SWS/4SE1/4 0[Section 9.Township and khe last on the day of I,,1,\`� a 19 1.Subscribed and sworn tbefore ' me this lycdday of O.r.:,„af 19jj_s• 911059 Pfly ( nnInic ,. i,r?P,,,, I c*^.. A. Gordon and Donna M. Brenckle 933 East 20th Street Greeley, CO 80631 Robert S. See c/o Vintage Corporation 3345 W. 12 Street Greeley, CO 80634 Walter A. and Anne W. Schenkman 710 East 19th Street Road Greeley, CO 80631 Ronald F. and Dorothy J. Hirsh 707 East 20th Street Greeley, CO 80631 Patrick D. Leahy 703 East 20th Street Road Greeley, CO 80631 Patricia A. Adolph 1931 Basswood Avenue Greeley, CO 80631 Milford L. and Margaret Copeland 713 East 19th Street Road Greeley, CO 80631 Jack T. and Christine A. Fetig 1958 Balsam Greeley, CO 80631 Louis G. and Lynda C. Reed 1924 Basswood Greeley, CO 80631 Harlan B. and Renee P. Pettit 711 East 19th Street Road Greeley, CO 80631 Gene H. and Dorothy J. Phagan 1936 Basswood Greeley, CO 80631 Robert J. and Catherine A. Moore 717 East 19th Street Road Greeley, CO 80631 Edwin W. and Katherine Saalwaechter 904 East 18th Street Greeley, CO 80631 Larry A. and Debra K. Sherin 1930 Basswood Greeley, CO 80631 Harold F. and Doris I. Satur 2101 15th Street Greeley, CO 80631 Donald L. Rogers 1912 Balsam Avenue Greeley, CO 80631 Duane L. and Catherine K. Warkentin 812 Est 18th Street Greeley, CO 80631 Ruth Maas 818 East 18th Street Greeley, CO 80631 Paul J. and Mary Jane Johnson 705 East 18th Street Greeley, CO 80631 Ralph H. and Ferria J. Henckle 2435 50th Avneue Greeley, CO 80631 A. Gordon and Donna Marie Brenckle 933 Est 20th Street Greeley, CO 80631 Freda and Geraldine A. Tjardes 730 East 18th Street Greeley, CO 80631 Christ Christian Church 20816 Northmoor Drive Johnstown, CO 80534 John T. and Rita L. Rayburn 704 East 18th Street Greeley, CO 80631 Tommy W. and Bobetta A. Kime 574 East 18th Street Greeley, CO 80631 Michael D. and Geraldine T. Scully 817 East 18th Street Greeley, CO 80631 Edward and Ruth J. Hungenberg 623 East 18th Street Greeley, CO 80631 Leonard O. and Viola Mae White 635 East 20th Street Greeley, CO 80631 Faustin D. and Maria A. Trujillo 569 East 18th Street Greeley, CO 80631 Elliott and Elliott, Inc. P.O. Box 1164 Greeley, CO 80631 Gerrity Oil and Gas Corporation 4100 E. Mississippi Avenue, #1200 Denver, CO 80222 Robert D. and Elnora 0. Bliss P.O. Box 816 Greeley, CO 80632 Michael B. and Paul Hungenberg 976 North Balsam Avenue Greeley, CO 80631 ma�� f � � � �1� g- 1q � - c �c3 7a o at o " H� `o C rL Q o Y — N O (;SU L6 W 0 U O N N m y C N ry y ¢ y U 2 ¢ 2 U a / J QQ ≥ : c'nr 2 m � N P.) c. 'a _2 >' > sm O Ec `m O r i F'co N O ., D 2 o p 4 Cl Q a 22, N N r !A C y C C c C N U W r W= .. p1 A Q l = a IL ✓ .' C V W > « « « c 2 a m y r Vl j n o w et m 2 ¢p d -°°. N N m o j W Q > . — o O e C o "2 i N Y r J N D 2 x m m n C.� a N N m «? M > cc a r x o " •0 X X m c r ' P EE o .>. r � `m o'1 E d .- E o = O "! E ai Q ° E ° m c m « m .c a o r o e .0 E E � o � 7N000%3 Meted a m „ m 2Vn � 2Wa ono ¢ ti I 2 N 2 r N 2 L 2 U 3 J C n GN j y ' CNNN J YN aO2 S H co t ` C R , N 2 a >0 a L° .' 2 a 2 y a g i C J O C2 2y21n 3E � � yy ocn Nat a) 0 >> c � rI- ° h mM 3 ° ° ti m 3 > wi aE u " at w in a > > " > > Qo. r ' av o r 3 "a ' m a x nm 'r ' '' roS E " to o - • 0- 't'_^ ` '1p' at i< c 2=0c0 , 04- -.. o o. > W H c a ..- -0 .,_ N O 2 > O 7, U> J >ix T E n '5 J 1' c m W ((lit- C � c fL E. K W 0 S ? C T' to to .ON > ?.> WoC a oo OF- D n go ft ` >n c r 2 n d MQ a d r C o 0 ≥ . _ d W V ` - d 2 1 a n V Q « 2 > 2 a W cm- o °« n Wa 68J2 ,' > ti ,«, 20. a "Q v2i 1:00 °z .°20 a 0 ' `E oo n 'o °' ',12 a c 2 0 o > w > o > 2 m o t2201,) Ja '5O a ao o = a_ u D e Q ` x ' n .- ' o m t o W � x W 'o o ii ' m n n a n ¢ >«a > c r A a 4, 3 -- `4 ..t .0 ) ? in I) a n" 0 - `,':I. z Z 2 > ¢ h q :0 X ,[ a 0 g r., o ? 4 ) m 1 < ..1 .. m f cc o 3 ?.r z o x. V w. d 84 n 0 T I O ♦r O A E 8 2 Y O y ..1 n :+ O C o f . i ._. N J y 4 Z .t 0 WN am x > "" J 2 .) to W o 4ts .,4.- < W t» J¢ ¢ O ramp� 4 _. J>. tail ¢ x8 k f'.j>r V J , .�. 2z o o a ! o. e..� 3 _. 3 p N 1 1 w7 — U v `J � U' .. CCOmw r. > } Cr0 w x - s yJj .� ..� 1 r -J F G I CC CL e� Weld County School District gam 811 Fifteenth Street•Greeley, Colorado 80631 •303/352-1543 J. Timothy Waters, Ed. D., Superintendent September 3, 1991 The Honorable Weld County Commissioners 915 10th Street Greeley, CO 80631 Dear Commissioners: SUBJECT: Gerrity Oil and Gas Corporation It is my understanding that you are about to act on a recommended zoning change for a piece of property on Balsam Avenue between 18th and 20th Streets. If approved, this zoning change could have both short- and long-term implications for the children who attend East Memorial Elementary School, especially those who walk to school along Balsam Avenue. The zoning change pending on the property in question may, I am told, increase traffic along Balsam. The nature of the traffic will apparently be large trucks. Please consider the following in making your decision: • For those students who walk to school along Balsam Avenue there is no alternative route. • Balsam is a narrow street with no sidewalks. I am deeply concerned about the conditions under which these students will walk to and from school if this zoning change is approved. The conditions on snowy days or days on which a snowfall is melting may become particularly troublesome. • A decision to change the zoning on the property in question should be made with the intention of constructing a sidewalk, a safe distance from the roadway, for pedestrian use. DISTRICT 6 MISSION STATEMENT "Our mission is to educate all students in a nurturing, challenging, and disciplined environment so their performance is a credit to themselves and society." 911053 Exhibit K e_e.� 7r-h...., P ,* C0 �� Weld County Commissioners September 3, 1991 Page 2 The decision to change the zoning and use of this property will not serve well the interests of the children who walk to East Memorial Elementary School. Please consider delaying any zoning changes on Balsam Avenue that would increase vehicular traffic until sidewalks are constructed for use by those who will need them. Sincerely, J. Timothy Wat rs, Ed.D. Superintendent of Schools TW/or pc Board of Education Don Rangel 91.1.053 9 Ca_ I'll /, rj 9 9/ !� l. 10 :. . _ ,"I, Oyu u �y Z - fa „1- �• r � r� jw. � . ,�� ,� EGG ricatria . ties c,U e ccni 4, )--14 ui � (� �� / g 3C IALCS X06. 3 91.1053 ,61-tb r, , • fu August 15, 1991 Dear Commissioners: This letter is in regards to a zoning change request from R-1 to C-3 for property located south of 18th Street on Balsam Avenue. The request was filed by Gerity Oil Company for use as a company yard. The problems associated with this use are high traffic load on an already narrow two lane avenue used by kids going to and from school - East Memorial School. East Memorial School not only has elementary students, but also is a hub for bus students to middle schools, junior high and high schools. The intersections of 18th Street, Balsam Avenue and East 20th Street are already taxed without the projected truck traffic from Gerity Oil. I just don' t feel this is best for our area even if Gerity' s hours tend to be offset from school hours. Also note, petition was presented and signed by property owner' s of the area along with school and church officials. All for the rejection of the zoning request. Please consider carefully the negative aspects of the zoning change and deny the zoning. Thank you for your time. Sinc ely, 10 (S`. Larr A. Sherin 1930 Basswood Avenue Greeley, Colorado LS/ds 9.1.1.0 53 Exhibit i C) . 02. ; .. . S ri II “ 7.a �' Jack T. Fetig 11958 Balsam Avenue iu Greeley, CO 80631 (303) 356-6554 August 16, 1991 Mr . Gordon Lacy Chairman Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 Identical Letters Sent to: Mr . Bill Webster Mr . Bill Kirby Mr. George Kennedy Commissioner Commissioner Commissioner Ms . Connie Harbert Commissioner Dear Commissioners : RE: Case No . Z-462 We are writing because of our concern about a re-zoning case which is about to come before you. Our concerns are that commercial zoning for this property is inappropriate for this neighborhood. The noise, dust and traffic resulting from a commercial zoning would not be in keeping with the residential neighborhood. This a quiet residential neighborhood with narrow streets and no sidewalks . Two blocks from this property is an elementary school and the future site of a new park which the City of Greeley has just approved, both of which create a great deal of pedestrian traffic, especially children, which would in turn create a dangerous situation. One argument given in favor of the re-zoning at previous meetings was that the property across the street on the corner of 18th Street and Balsam Avenue is commercially zoned. We do not feel that is a legitimate argument because that property has access to 18th Street , an already busy street . This property ' s only access is our neighborhood street . The Weld County Planning Commission has already heard this case. Despite a petition submitted by the residents of our neighborhood stating our opposition to this matter . Despite the recommendation of the planning staff against the project . Despite the overall logic to vote against this project , it was approved. 911053 Page 2 We are asking you to reconsider this planning commission approval . This building was already in place. We don' t believe that you should make a mockery of you own zoning ordinances by allowing that kind of change just because the building is already built . In our twelve years living in this neighborhood the county has taken great strides to clean-up the zoning mess on the east side of Greeley. We hope that they will now stand by their past decisions . Thank you very much for your consideration of this matter . We hope you will decide to deny re-zoning in this matter . Sincerely, ,, - 6�,1 �G4 �l . Ja k T. Feti nd Christine A. Fetig `' JF&CF/bp cc: Honorable Hank Brown United States Senate 902 Hart Senate Office Building Washington, DC 20510 Honorable Tim Wirth United States Senate 380 Russell Senate Office Building Washington, DC 20515 Honorable Wayne Allard United States House of Representatives 513 Cannon House Office Building Washington, DC 20515 Honorable Tom Norton Colorado State Senate 1204 50th Avenue Greeley, CO 80634 Honorable Dave Owen Colorado State Representative 2722 Buena Vista Drive Greeley, CO 80631 Honorable Willie Morton Mayor City of Greeley 1000 10th Street Greeley, CO 80631 91.1959 Page 3 Honorable Ken Crumb City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable Nancy Brigden City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable Ruth Slower City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable David Werking City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable David Plasters City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable Bernie Kinnick City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Dr . Timothy Waters Superintendent Weld County School District No. 6 811 15th Street • Greeley, CO 80631 Mr . Bud Clemons Vice Chairman Weld County Planning Commission 915 10th Street Greeley, CO 80631 911051 Page 4 Mr . Paul Sacco Chairman, Planning Commission City of Greeley 1000 10th Street Greeley, CO 80631 Mr . Ed Otte Chief Editor Greeley Tribune P.O. Box 1138 Greeley, CO 80632 . - .- . , :t i1 r''' Lamm t . 710 E. 19th Street Road Greeley, CO 80631 (303) 352-6648 August 12, 1991 Mr. Gordon Lacy, Chairman Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 Dear Mr. Lacy, RE: Case No. Z-462 We are writing in connection with Gerrity Oil and Gas Corporation' s request to change the zoning of property on the east side of Balsam Avenue in Greeley, approximately 300 feet south of 18th Street, from R-1 (Low Density Residential) to C-3 (Commercial) . Together with a neighbor, Gene Phagan, we went out to solicit signatures on a petition opposing this zoning change. We did not meet with a single refusal. On the contrary, everyone we spoke to was eager to add a voice in opposition to the zone change and to the damage that would be inflicted upon our neighborhood. Each was hopeful that our expression of opinion would be received with respect and consideration by those responsible for making the necessary decisions in matters of this sort. (Copies of the petitions should be part o£ the materials you have. ) We might add that our residential community is a quiet one, with a small church and East Memorial Elementary School within a block o£ the proposed zoning change. Our homes consist of many fine properties (in the $75,000 - $100,000 range) , and we are deeply concerned that our investments would be greatly devalued should this property be turned over to commercial interests in such a haphazard way with residential properties on either side of it. Please vote to deny this rezoning request. incerely, k1 Cli/t- klii(A, Walter A. Schenkman dadefikai Anne W. Schenkman Exhibit G �a �}S cc �� ; �� cc: Honorable Willie Morton, Mayor Ken Crumb, City Council Member Nancy Brigden, City Council Member Ruth Slomer, City Council Member David Werking, City Council Member David Plasters, City Council Member Bernie Kinnick, City Council Member Dr. Timothy Waters, Superintendent, Weld County School District O Mr. Paul Sacco, Chairman, Planning Commission, City of Greeley Mr. Bud Clemons, Vice Chairman, Weld County Planning Commission Mr. Ed Otte, Chief Editor, Greeley Tribune 911053 CC a August 8, 1991 411;. 12 PH 5: 00 cLER:T 7 Mr . Gordon Lacy Chairman Weld County Board of Commissioners P .0. Box 758 Greeley, Colorado 80632 RE: Case No. Z-462 Dear Commissioners : The request to change the zoning of the property addressed as 1856 Balsom Avenue from R-1 (low density residential ) to C-3 ( Commercial ) will come before the County Commissioner in the very near future. The residents in this area submitted a petition at the July 2 hearing stating our opposition to this proposed rezoning. The County Planning Staff unanimously recommended to the Planning Commission that this zoning change be denied. However, the Planning Commission chose to disregard their planning staff and the tax paying residents of the area by voting in favor of the zoning change. Why did this happen with the amount of information available to the commission? At the July 2 hearing Gerrity Oil advised that as many as 40 trucks would be traveling in and out of this property at all times of the day and night. This means that the 1800 and 1900 blocks of Balsom Avenue and most of East 20th Street will become a truck route. These trucks will have to pass a school and church as well as residential houses to travel in and out of the area . There are not sidewalks along Balsom Avenue. Where are the children going to walk to get to and from school? Another item that should be considered is the fact that these types of trucks are going to damage the asphalt paving in Balsom Avenue and East 20th Street . Is Gerrity Oil going to increase the thickness of the asphalt roadways from their present three ( 3) inch to five ( 5) or seven (7) inches or will the tax payers of Weld County have to pay the bill after Gerrity Oil has done the damage? My family has lived in this area for the past 11 years. We 've been there long enough to see this neighborhood improve from a rather run down eyesore to a quiet area with well kept property. Taxes have went up as have property values. With this zoning 91.1059 .� ��. P2-12-) Exhihq F Mr. Gordon Lacy August 8 , 1991 Page 2 change and invasion of oil trucks, property values are going to decline. Will county taxes also decline? Please consider the actual damages that this zoning change is going to render. Sincerely , '�f6L'/✓t`�11 `-2��Oz'z` Roberff and Cathy Moore cc : Honorable Hank Brown cc : Mr . Bud Clemons United States Senate Vice Chairman 902 Hart Senate Office Building Weld Cty Planning Washington, DC 20510 Commission 915 10th Street Honorable Tim Worth Greeley, CO 80631 United States Senate 380 Russell Senate Office Building Mr. Paul Sacco Washington , DC 20515 Chairman , Planning Commission Honorable Wayne Allard City of Greeley United States House of Representatives 1000 10th Street 513 Cannon House Office Building Greeley, CO 80631 Washington, DC 20515 Mr. Ed Otte Honorable Tom Norton Chief Editor Colorado State Senate Greeley Tribune 1204 50th Avenue P .O. Box 1138 Greeley, CO 80634 Greeley, CO 80632 Honorable Dave Owen Mr . Bill Webster Colorado State Representative Commissioner 2722 Buena Vista Drive Greeley, CO 80631 Mr . Bill Kirby Commissioner Dr . Timothy Waters Superintendent Mr . George Kennedy Weld County School Commissioner District No. 6 811 15th Street Ms. Connie Harbert Greeley, CO 80631 Commissioner 911059 CAL Don Rogers fQ ;;y k 1912 Balsam Avenue - _Greeley,CO 80631 (303) 356-8230 August 5, 1991 Mr. Gordon Lacy Chairman Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 Dear Commissioner Lacy: RE: Case No. Z-462 On July 2, 1991, a public hearing was held before the Weld County Planning Commission regarding Gerrity Oil and Gas Corporation's request to change the zoning of property east of Balsam Avenue in Greeley, approximately 300 feet south of 18th Street,from R-1 (Low Density Residential)to C-3 (Commercial). The residents in my community submitted a petition at the July 2 hearing stating our opposition to the proposed rezoning. We felt certain that common sense and logic would prevail in this matter. They did not! It is our understanding that the Weld County Planning Commission is recommending to you approval of this rezoning change. The residents in the surrounding neighborhood, as well as the members of the nearby church and the administration of East Memorial Elementary School, are very strongly opposed to the rezoning of this property for several reasons. At the July 2 hearing,Gerrity Oil stated that there would be an average of 35 to 40 trucks driving across a dirt lot day and night. The dust and noise that this would create would seriously degrade the quality of life we currently enjoy in our community. Even more alarming is the fact that during the school year,many elementary school children walk down Balsam Avenue, sometimes 4 or 5 abreast,on their way to and from East Memorial Elementary. As there are no sidewalks on Balsam Avenue,the children are usually in the street. Elementary-aged children are not always cognizant of traffic and increasing traffic by the amount that Gerrity Oil is proposing, and at the times they have proposed,is nothing short of DANGEROUS! The Planning Staff, after considering the negative impact that such a rezoning would have on our neighborhood and the unnecessary danger that it would impose on the East Memorial school children and the congregation of the nearby church,voted unanimously to recommend to the Planning Commission a denial of the zoning change request from Gerrity Oil. However, the Planning Commission showed total disregard for the recommendations of the Planning Staff, as well as for the concems of residents in the area. It is difficult to understand why,but they voted in favor of the rezoning and ultimately, of Gerrity Oil and Gas. This certainly defies common sense and logic. There are numerous areas in and around Greeley that are vacant and are already zoned C-3. To propose changing a residential area(complete with an elementary school and church)into a commercial area,is absurd. An even bigger concem is that if this property were to be zoned C-3, it would then be available to any other business that falls within the guidelines of C-3 zoning. This is simply an unacceptable situation. 911O59 h,blc : p it I page 2 The Planning Staff are paid by Weld County taxpayers to study such situations and make recommendations to the Planning Commission. Why would the Planning Commission blatantly ignore the recommendations made by their Planning Staff? Why bother to pay a Planning Staff to study the situation and make recommendations, if the Planning Commission then ignores those recommendations? While recognizing and respecting the fact that the final decision is up to the Board of Commissioners, it is my hope that you will have the foresight to recognize and respect our concems about the dangers to the elementary school children, as well as the negative impact such a rezoning would have on our community. Please vote to unconditionally deny this rezoning. Thank you for your time and consideration. Sincerely, 071 '153-"ellji-- Don Rogers cc: Honorable Hank Brown United States Senate 902 Hart Senate Office Building Washington, DC 20510 Honorable Tim Wirth United States Senate 380 Russell Senate Office Building Washington, DC 20515 Honorable Wayne Allard United States House of Representatives 513 Cannon House Office Building Washington, DC 20515 Honorable Tom Norton Colorado State Senate 1204 50th Avenue Greeley, CO 80634 Honorable Dave Owen Colorado State Representative 2722 Buena Vista Drive Greeley, CO 80631 page 3 Honorable Willie Morton Mayor City of Greeley 1000 10th Street Greeley, CO 80631 Honorable Ken Crumb City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable Nancy Brigden City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable Ruth Slomer City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable David Werking City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable David Plasters City Council Member City of Greeley 1000 10th Street Greeley, CO 80631 Honorable Bemie Kinnick City Council Member City of Greeley 10100 10th Street Greeley, CO 80631 Dr. Timothy Waters Superintendent Weld County School District No. 6 811 15th Street Greeley, CO 80631 911059 059 page 4 Mr. Bud Clemons Vice Chairman Weld County Planning Comrission 915 10th Street Greeley, CO 80631 Mr. Paul Sacco Chairman,Planning Commission City of Greeley 1W0 10th Street Greeley,CO 80631 Mr. Ed Otte Chief Editor Greeley Tribune P.O. Box 1138 Greeley, CO 80632 91103,9 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 2, 1991 Page 3 Ann Garrison moved Case Number Z-461, with the Conditions of Approval be forwarded to the Board of County Commissioners with the, Planning Commissions recommendation for approval based on the belief that the existing zoning of the property is faulty, the conditions in the area now warrant a change in the zone, and neighboring properties are being used in like fashion. Don Feldhaus seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ann Garrison - yes; Shirley Camenisch - yes; Don Feldhaus - yes; Judy Yamaguchi - abstain; Jerry Kiefer - yes. Motion carried. CASE NUMBER: Z-462 APPLICANT: Gerrity Oil and Gas Corporation REQUEST: Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the W2 of Lot 2 of the SW4 SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Balsam Avenue; approximately 300 feet south of East 18th Street (Highway 34) . Fred Otis, Attorney, representative for Gerrity Oil and Gas Corporation, explained this property is a non-conforming use under present zoning code. Gerrity Oil and Gas Corporation plans to use the facility as an office with vehicle traffic heavier in the morning and afternoons. There will be indoor parking for vehicles stored overnight. East Greeley is a mixed-use area and at the present time this facility is not being used. It could be productive if the Planning Commission would recognize this and allow a change of zone. Wendell Jamison, Manager, Gerrity Oil and Gas Corporation, gave an overview of the screening that now exists and future plans for more extensive screening if the application is approved. Photographs (Exhibits A through L) were shown of similar uses of property in the immediate area. Robert See, Owner, explained that quality of life is important and this area is definitely not a residential area. The facility is a steel building with 5 offices that was developed in the early 1960's. It has been used by a trucking company, irrigation equipment company, excavating company, and finally a marble company. The property directly across the street, same distance from the church and school, was granted C-3 zoning. This property was mis-zoned originally. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. 911059 6ti4-14Brr SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING July 2, 1991 Page 4 Ann Schenkman, surrounding property owner, asked why Wendell Jamison had not shown pictures of the school, church and housing development to the Planning Commission. She feels the county should buy this property and put a park on it. There are not parks in East Greeley. Ann Garrison asked when the homes were built. Ann Shankman said the homes were built in 1979 and the church was built 2 years ago. Walter Schenkman submitted a petition (Exhibit M) with the signatures of home owners in the area protesting this proposal. He is an ex-principal of an elementary school and is concerned about the children in the area's safety. Ed Chlor, an elder of the church located at 20th Street and Balsam, is concerned about increased traffic and noise to the area. The Chairman asked Lanell Swanson to read the staff recommendation into the record. Don Feldhaus moved Case Number Z-462 with the conditions of approval be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Shirley Camenisch seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ann Garrison - yes; Shirley Camenisch - yes; Don Feldhaus - yes; Judy Yamaguchi - no; Jerry Kiefer - no. Motion carried. Ann Garrison and Jerry Kiefer stated their concerns about the Change of Zone process. They both felt the application process should be reviewed. Meeting adjourned at 3:40 p.m. Respectful submi ed, 5haryn F. Ruff Secretary 911.059 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION AMENDED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Don Feldhaus that the following resolution with the conditions of approval be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-462 NAME: Gerrity Oil and Gas Corporation ADDRESS: 4100 E. Mississippi Avenue, #1200, Denver, CO 80222 REQUEST: Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the W2 of Lot 2 in the SW4 SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: East of Balsam Avenue, approximately 300 feet south of East 18th Street (Highway 34) . be recommended favorably for a zoning change to C-3 based on the premise that the property has served in that capacity for nearly 30 years and the areas surrounding it are very much of a C-3 nature in quality to the Board of County Commissioners. 1. Prior to recording the change of zone plat, the following notes shall be placed on the plat: A. This change of zone site shall be maintained in compliance with the Airport Overlay District requirements as set forth in the Weld County Zoning Ordinance. B. A site plan review is required in accordance with Section 23 of the Weld County Zoning Ordinance. 2. If a development or use is determined to have an impact on Weld County roads, approval of a road improvements agreement with the Board of County Commissioners shall be required as part of the site plan review approval process. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Richard Kimmel Judy Yamaguchi Ann Garrison Jerry Kiefer Shirley Camenisch Don Feldhaus The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the proposed amendments to the Board of County Commissioners for further proceedings. 91105 -ESC:11 i t RESOLUTION, Z-462 Gerrity Oil and Gas Corporation Page 2 CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on July 2, 1991. Dated the Ind of Ju 91. Sharyn F. Ruff Secretary 91.1053 ADDITIONAL COMMENTS Gerrity Oil and Gas Corporation Z-462 The City of Greeley Planning Commission reviewed this request on June 25 and recommended that the following measures be taken to ensure compatibility with adjoining land uses: 1) Complementary landscaping of the Balsam Avenue frontage, the building, parking lot, and open spaces. 2) Place the company vehicle parking area to the back of the building or lot and screen or buffer it. These items would be reviewed during Site Plan Review application and can not be considered during review of the Change of Zone application. �1.1059 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Gerrity Oil and Gas Corporation Case Number: Z-462 Submitted or Preoared Prior to Hearin& At Hearing 1. Application 14 Pages X 2. 1 Application plat 2 pages X 3. DPS Referral Summary Sheet X 4. DPS Recommendation for denial X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. June 5, 1991, referral from Colorado Oil and Gas X Conservation Commission. 12. June 12, 1991, referral from West Greeley Soil X Conservation District. 13. June 8, 1991, field check from Don Feldhaus X 14. June 7, 1991, referral from Weld County Office X of Emergency Management. 15. June 26, 1991, referral from City of Greeley X 16. June 19, 1991, referral from Division of Water X Resources. 17. June 24, 1991, letter of objection from Jack and X Christine Fetig. 18. June 24, 1991, referral from Weld County X Engineering Department. 19. June 19, 1991, referral from Weld County Health X Department. 20. Conditions of approval. X 21. July 2, 1991, referral from City of Greeley. X 22. Exhibits A-K, photos of surrounding area. X 23. Exhibit L, County zoning map. X E✓-kaii INVENTORY OF ITEMS, ..-462 Gerrity Oil and Gas Corporation Page 2 Submitted or Prepared Prior to Hearing At Hearing 24. Exhibit M, Landscape map. X 25. Exhibit N and 0, 2 page petition from X surrounding property owners opposing change of zone request. I hereby certify that the 25 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 July 9, 1991. ^i r �G�7n.c.s.l� u rent Pl er STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS Oft-day of � 5(a o(6 t . ��llsr EA q. r 1 • • • • IC tie : • Y C • 'My Commission Expires my rnmmic ian evims Merl , 994. 91.1059 ev4,-t. & c- -tc\ V7z� - ,, G _�;XHIBIT INVENTORY CONTROL SHEET _. Case di)) ' �� Q Oa Ufa--' C nO-P Exhibit // Submitted By (J Exhibit Description 1/1 A. aann •n9Saajo - Qs PIS 2a i(01 B. plu-n-A.A.A � Lom m.4,4460 n - ca) a� �cDm MLA_dei t-cen 1I 2 C. `haft fiduci 6mnud-o-c o - ,IdtAM rna t y D� ge8n"`.,L y` �I Z D. gift - 20 �� 60a,aF - �D�(c2 � I,� tA-��0 yy?1, E. Con Rain. - - `t) n"pi ri 1� F. Pla:PA-1- 4 uwu{u hkae. - ejapin. ci. Orynn ttOY1 Eli to G. laih(139.1.Aant ,flif ALAta1 p ttDD , cb rypocriLcn H. AOLX. Chnt5tAne AtAD6 AV:tin-06 C"pob-i Ovi alp I. dce)UuA, - cb v man �`3L) J. 6k)ik PL/PC-14-N La tic ortv C�p.�✓�lVL �. T% Toth i uaal ter 5 *9 K. '5ueert Nerd-err 7(X.4_-c-ol ts1-• b j-9 #vA ce (Thros%Gcvti) 04 L. e W�t4CA2 w / M. N. 0. P. Q• R. S. T. U. V. W. X. Y. 911.039 z. PL0845 CASE - 911059 COZ462 THIS FILE CONTAINS PICTURES AS EXHIBITS A-K. PLEASE SEE ORIGINAL FILE. Date: July 2, 1991 CASE NUMBER: Z-462 NAME: Gerrity Oil and Gas Corporation ADDRESS: 4100 E. Mississippi Avenue, #1200, Denver, CO 80222 REQUEST: Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the W2 of Lot 2 in the SW4 SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: East of Balsam Avenue, approximately 300 feet south o£ East 18th Street (Highway 34) . THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The request is not in conformance with Section 21.5 of the Weld County Zoning Ordinance as follows: The request for a change of zone is not consistent with the Commercial Development Section of the Weld County Comprehensive Plan. One of the Commercial goals is to provide for the compatibility of commercial uses with surrounding land uses. The Commercial policies provide that new commercial development should demonstrate compatibility with existing surrounding land-use in terms of general use, building height, scale, density, traffic, dust, and noise. The policies also state that neighborhood commercial uses will be allowed in residential areas. These commercial uses will consist only of neighborhood oriented businesses. Commercial uses that service a greater area than the neighborhood and create undesirable impacts, such as increased vehicular traffic, are not considered appropriate in residential neighborhoods. The proposed use of the property if the zoning is granted and the other uses allowed by right in the C-3 (Commercial) zone district will not be compatible with the existing residential uses in the area. The intent of the C-3 District is to establish and preserve areas for activities which provide goods or services for the benefit of the general public or which require large amounts of space or high traffic volumes for generating business. The C-3 District is meant to be located, designed and operated in a manner that minimizes the undesirable impacts on the area in which they are located. - The applicant has not demonstrated that the existing zoning of the property is faulty. It is the opinion of the Department of Planning Services' staff that there are not changing conditions in the area which would warrant a change of zone to C-3 (Commercial) . In addition to the residential uses which surround the property on three sides, a church and elementary school are located to the southwest of this parcel. The street facilities providing access to the property are not adequate. Drew Scheltinga, County Engineer, stated in his June 24 referral response, that Balsam Avenue, from which this property accesses, is not adequate to support heavy loads that could be generated from a commercial use. 91.1059 ADDITIONAL COMMENTS Gerrity Oil and Gas Corporation Z-462 The City of Greeley Planning Commission reviewed this request on June 25 and recommended that the following measures be taken to ensure compatibility with adjoining land uses: 1) Complementary landscaping of the Balsam Avenue frontage, the building, parking lot, and open spaces. 2) Place the company vehicle parking area to the back of the building or lot and screen or buffer it. These items would be reviewed during Site Plan Review application and can not be considered during review of the Change of Zone application. 21_1.05 *MN 2 s RECD /VI/ 0.4, COMMUNITY DEVELOPMENT City a 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 GreekaY June 26, 1991 Lanell J. Swanson, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Subject: Weld County Case No. Z-462 Dear Lanell: The Greeley Planning Commission, at its June 25, 1991, meeting reviewed the request for a rezone for a change of zone from R-1 (low-density residential) to C-3 (commercial) for property located at 1856 Balsam. The Greeley Planning Commission recommended that the following measures be taken to ensure compatibility with adjoining land uses: 1. Complementary landscaping of the Balsam Avenue frontage, the building, parking lot, and open spaces. 2 . Place the company vehicle parking area to the back of the building or lot and screen or buffer it. Thank you for the opportunity to review and comment on this item. If you have any questions, please do not hesitate to contact our office. Sincerely, liaFlebbe Pler II O1 -9 '. O /O 7 .C779 ROY ROMER Governor H O', JERIS A. DANIELSON * moo{ *; State Engineer */876 * OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303] 866-3589 June 19, 1991 am k: 4 kali Ms. Lanell J. Swanson Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Gerrity Oil Zoning Change, Z-462 SE1/4 Sec. 9, T5N, R65W, 6TH PM Dear Ms. Swanson: • We have reviewed the above referenced proposal to rezone a 2.49 acre lot to allow the establishment of an office and equipment storage facility. The proposed water supply is to be from an existing well, Permit Number 147163, which replaced Permit Number 12716. Permit conditions limit pumping to 15 gallons per minute, diversions to 1/3 acre- foot per year, and uses to drinking and sanitary use in one commercial business. No outside use for irrigation or vehicle washing is allowed. If the above conditions are satisfactory to the applicant, then we have no objection to the proposal and recommend approval. If you have any questions, please contact me. Sincerely, (A-AtAr I . *Nsc_Let 0.1.A_..) John T. Schurer, P.E. Senior Water Resources Engineer JTS/clf:gerrity.wpf cc: Alan Berryman, Division Engineer Bruce DeBrine 011059 JaW 2 ? RFcn June 24 , 1991 Ms . Lanell J . Swanson Department of Planning Services Weld County Colorado 915 10th Street Greeley, CO 80631 RE: Case 2-462 Dear Lanell , We are property owners at 1958 Balsam Avenue and are concerned about the request for change of zoning in the above referred case. Our concerns are that this is definitely a residential neighborhood and that C3 zoning would affect the character of the neighborhood due to increased traffic, off hours noise and truck traffic. The roads were not built for heavy truck traffic and with the proximity of the school there are alot of children present with no sidewalks to walk on. We would not like to see the zoning change due to these concerns . We appreciate your taking these into considerations . Sincerely, e Jack stT. Chriine A. Fetig 8 Balsam Avenue Greeley, CO 80631 356-6554 911059 MEMORANDUM 4a, Lanell Swanson, Planning June 24, 1991 To Date ... Drew Scheltinga, County Engineer COLORADO From Gentry Oil and Gas, Z-462 subject: Balsam Avenue would serve the tract that is proposed to be rezoned to commercial use. Balsam Avenue was recently repaved after the installation of a major sewer main. It is structurally adequate to serve the present residential use, but is not adequate to support heavy loads that could be generated from a commercial use. 0 I 1 199' *Stu, wdohmvAilists,06, DS/mw:prgentry.mrw cc: Commissioner Harbert Planning Referral File - Gentry Oil and Gas, Z-462 D 211J -v I C7; 7 1 'C,) 1, 11�' I \ DEPARTMENT OF PLANNING SERVICES �V PHONE(303)356-4000,EXT.4400 915 10th STREET woiGREELEY,COLORADO 80631 C• 0 RECEIVED 3 0 1991 COLORADO uN " 199" May 28, 1991 CASE NUMBER Z-462 TO WHOM IT MAY CONCERN: Enclosed is an application from Gerrity Oil and Gas Corporation for a Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . The parcel of land is described as part of the W2 of Lot 2 of the SW4 of the SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Balsam Avenue, approximately 300 feet south of East 18th Street (Highway 34) , east of the City of Greeley. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by June 11, 1991, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. x i 1 as e o the enclosed letter. Signed: 'O Agency: C_A.c- w t -e r ; ... Date: (072/4'/ 91..1053 MEMORAnDum Wilk To Weld County Planning Date June 19, 19,,91 Pov L thio i Lt ; COLORADO From • 4 Subject:Case Number: Z-462 Name: Cerrity Oil & Gas Corporation Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. Fugitive dust shall be controlled on this site. 5. The existing septic system is required to be reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to this Division, before the required I.S.D.S. Evaluation can be performed. WP/lam-82 G 1 , 0,, 1 99, Weld Cd. WM* alga= x1.1195" CONDITIONS OF APPROVAL GERRITY OIL AND GAS CORPORATION Z-462 1. Prior to recording the change of zone plat, the following notes shall be placed on the plat: A. This change of zone site shall be maintained in compliance with the Airport Overlay District requirements as set forth in the Weld County Zoning Ordinance. B. A site plan review is required in accordance with Section 23 of the Weld County Zoning Ordinance. 2. If a development or use is determined to have an impact on Weld County roads, approval of a road improvements agreement with the Board of County Commissioners shall be required as part of the site plan review approval process. 9 .1.059 Ark; ,� COMMUNITY DEVELOPMENT City ef 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 GreeJ JUG 0`4' R6° July 2 , 1991 Lanell J. Swanson Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Subject: Weld County Case No. Z-462 Dear Lanell: In follow-up clarification to my letter to you of June 26, 1991, regarding the above-referenced matter, the Greeley Planning Commission found that the proposal complies with the Greeley Comprehensive Plan, if the following conditions were complied with: 1. Complementary landscaping of the Balsam Avenue frontage, the building, parking lot, and open spaces. 2 . Place the company vehicle parking area to the back of the building or lot and screen or buffer it. Thank you for the opportunity to review and comment on this item. If you have any questions, please do not hesitate to contact our office. Sincerely, Grdg F ebbe Plan II kb 911059 LAND-USE APPLICATION SUMMARY SHEET Date: June 25, 1991 CASE NUMBER: Z-462 NAME: Gerrity Oil and Gas Corporation ADDRESS: 4100 E. Mississippi Avenue #1200 Denver, CO 80222 REQUEST: Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) LEGAL DESCRIPTION: Part W2 of Lot 2 of the SW4 SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: East of Balsam Avenue, approximately 300 feet south of East 18th Street (Highway 34) . SIZE OF PARCEL: 2.499 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 21.5 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the West Greeley Soil Conservation District, Weld County Office of Emergency Management, and Colorado Oil and Gas Conservation Commission. Several inquiries have been received from surrounding property owners. 911059 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property PART OF LOT 2, SOUTHWEST QUARTER., SOUTHEAST QUARTER, SEC. 9, TOWNSHIP 5 WORTH, RANGE 65 WEST OF 6th P.M. , WELD COUNTY, COLORADO ROBERT S. SEE AND GERRITY OIL & GAS CORPORATION STATE OF COLORADO ) • ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. a e cleat_ BETTY K. McRAE The foregoing instrument was subscribed and sworn to/before me this 7f day 7, , 199/ 46 �/l j �C. Aga& WITNESS my hand and official seal . My Commission expires : /a* 6 tiff a_dertidi'S7 1 n ' Notary Public - GERALD B. Mc RAE /Z2.34- ef=SA..e V' r t NAMES Or OWNERS OF .PROPERTY WITHIN 500 FEET NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # HIRSH, RONALD FLO?D & 707 EAST 20th STREET DOROTHY J. r,RFFI FY, CO 30631 0961 09 4 02 002 BRENCKLE", A. GORDON & 933 EAST 20th STREET DONNA M. GREELEY , CO. 80631 0961 09 4 02 003 ADOLPH, PAIRICIA A. 1931 BASSWOOD AVENUE L2FF1 FY. CO. 80611 0961 9 4 02 004 SCHENKMAN, WALILR A.& 710 EAST 19th ST. RD. v ANNE W. GRFF1 FY. C(1, 80631 0961 09 4 02 005 FETIG, JACK T. & 1958 BALSAM CHRISTINE A. GREELEY, CO. 80631 0961 09 4 02 006 LEAHY , PATRICK D. 701 EAST 20th ST . RU. GREELEY , CO. 80631 0961 09 4 02 008 PETTIT, HARLAN B. & 711 FAST 19th SI . RU. --- RFNEE P. GREELEY, CO. 80631 0961 09 4 03 001 �---1 COPELAND, MILFORD L. & 713 EAST 19th ST. RD. IIARGARFT L. GREELEY, CO. 80631 0961 09 4 03 002 MOORE, ROBERT J. & 717 -EAST i9th 51 . RU. CATHERINE ANN GREELEY, CO. 80631 0961 09 4 03 003 MOORE, ROBERT J. & 717 EAST` 19th S I . RU. ' rATHERINE ANN GREELEY, CO. 80631 0961 09 4 03 004 REED, LOUIS G. & ~1924 BASSWOOD LYNDA r._ ,GREELEY, CO. 80631 0961 09 4 03 005 ShERIN, LARRY A. & 1930 BASSWOOD DERRA K. ,GREELEY , CO. 80631 0961 09 4 03 006 --P1TAGAtJ, DOROTHY J. 'WELW,S�(80D80631 0961 09 4 03 007 N 91.1059 • NAMES Oc OWNERS OF•PROPERTY WITHIN 500 FEef • NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION A ' WHITE, LEUNARU 0. & 635 EAST 20th ST. VIOLA MAE GREELEY CO. 80631 0961 05 3 00 043 20816 #IORTHMOOR DRIVE CHRIST CHRISTIAN CHURCH JOHNSTOWN, CO. • 80534 0961 09 3 00 078 ELLIOTT & ELLIOTT, INC. P.O. BOX T16c4 GREELEY, CO. 80632 0961 09 3 00 079 ELLIOTT & ELLIOTT, INC.• P.O. BOX 1164 - GREELEY, CO. 80632 0961 09 3 00 080 • KIME, •TOMMY W. & 674 EAST 18th STREET • BOBETTA A. GBEFI FY, (1, X631 0961 )9 3 00 036 BLISS, ROBERT D. & P.O. BOX 816 i ELfIORA U. GREET FY, 10_ R06 0961 09 3 0G 037 HUNGENBERG, EDWARD_& 623 EAST 18th STREET RUTH J. GREELEY, CO. 80631 0961 OG 012 HUNGENBERG, MICHAEL B. 976 NORTH BALSAM AVENUE ---4UUCEN8LRG, PAHt GREELEY . CO. 80631 • 0961 09 3 OC, 049 TRUJILLO, FAUSTIN D. & 569 EAST 18th STREET MARIA k. _ GREELEY, CO. 80631 0961 OS 3 JO 051 • -• L •• Y % - 91.1.059 NAMES uF OWNERS OF ,PROPERTY WITHIN 500 FEET NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION A ROGERS, DONALD L. (1912 BALSAM AVENUE GRFEI FY, CO_ R 631 0961 09 4 00 077 SAALWAECHTER, EDWIN W. & 904 EAST 18th STREET KATHERINE ,GRFFIFY, CO. 80631 0961 09 4 00 078 MAES, RUTH 818 EAST 18th STREET GREELEY. CO. 80631 0961 09 4 00 079 _ �� _ SATUR, hAROLU 1 . a 2101 - 15th STREET DORIS I. GRF-FI FY. QQ, 80631 0961 D9 4 OC 082 HENCKLE, RALPH H. & 2435 - 611th. AvLNUE -- FERRIA J. GREELEY, CO. 80631 0961 09 4 OC 083 TJARDES, FREDA 730 EAST 18th STREET TJARDES , GERALDINE A. GREELEY, CO. 80631 0961 09 4 DO 040 TJARDES , FREDA 730 EMI 18th STREET TJARDES, GERALDINE A. GREELEY, CO. 80631 0961 09 4 OCR 041 TJARDES, FREDA 730 LASI i8th 51ELLI TJARDES , GERALDINE A. GREELEY , CO. 80631 0961 09 4 00 042 WARKENTIN, DUANE L. & 812 EAST 18th SIREE1 " CATHERINE K. GREELEY , CO. 80631 0961 09 4 00 043 RAYBURN, JOHN T. & 704 EAST 18th SlREE1 RITA L. _ GREELEY , CO. 80631 0961 09 4 00 038 JOHNSON, PAUL J. & 705 EAST 18th STREET JOHNSON, MARY JANE GREELEY, CO. 80631 0961 X09 4 00 037 SCULLY , MICHAEL D. & 817 EAST 18th STREET GFRALDINE Z. GREELEY , CO. 80631 0961 09 4 00 034 SREIICKLE , [All.GORDQN&933 EAST 20th STREET H & GREELEY , CO. 80631 0961 09 4 00 111 01_1059 SOIL SURVEY OF WELD COUNTY, COLORADG, SOUTHERN PART United Stales Department of Agriculture, Soil Conservation Service, in cooperation with the Colorado Agricultural Experiment Station �t .nh '/ 4 r , r v �Ufe v ,fir • y i ' " — fit ' ?'" rK'1 V 23 // 'r''� •ti 'A'r e s ,•`y ' 1 �,Y 1 ';',1^1;".4k::: -( M ,r �.V '.1a I �i t� 4B j K,r't 1 t +,f 1!��u itints, r ,1R , ; �l }I 2f f}S'p'B :.8 0'�b { y v ro .i�'1 �v"jtl, i s( 52 't t 'r Nr.. ? 1 1 n -L,� `7_�A l at t Pq {� II ' 4 `.' 1 .50 F it.. i 111 y4 f ;. �� u ` 1`r] � i a � f �i ' es S7,; � "•\ •i ^`' li liCA'CUE V Po.,A � ` . CIO �.:; aw + *,�� it +� Ftr 0; �" Y i ;�9::I f yt.Z.r .$--�d 1,`�• , } pI 'tk �l1 1 Y l ih rr' •rs,�\, `aY .? .. 1 j� •,( T r .,'.:,1 p1Q"1 r . Mw• • �T` a:so,,, J y+ 4 :, , r?1;ILlikg?t,I;Cit , Tat)" z •firibt, s, r,• �° rW`�, �pf ,4 i „�,; Igiaei R �. I2ALE ��4, F, ,�,- �;,. 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''� � i IllilOr �+oi •Pi r• 51 r ® 1 A+P':,4G.,X I .r ' 4i ' l � 41 J�t ' ^;11 4 . ' ' 4::, 21'rled ' IAN , 'Si; �r1 RP- �,� 4 J WCff,f I et r �+1, r , ' ..en 1 ,/ .l. 6; {"i '. �� r ` t e. ,' ;4 �v� �. .,- I '�+� • ,;'�, ' .. is �5 ,�;+,,, :h�'' �'-.r/"�;; �,047.Y'0�,F'" 'z2 !\1 50—Otero sandy loam, 0 to 1 percent slopes. This is a deep, well drained soil on smooth plains at elevations of 4,700 to 5,260 feet. It formed in mixed outwash and eolian deposits. Included in mapping are small areas of soils that have loam and clay loam underlying material. Typically the surface layer is brown sandy loam about 12 inches thick. The underlying material to a depth of 60 inches is pale brown calcareous fine sandy loam. Permeability is rapid. Available water capacity Is moderate. The effective rooting depth is 60 Inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for Irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Generally, such charac- teristics as a high clay content or a rapidly permeable substratum slightly restrict some crops. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Proper Irrigation water management is essential. Barnyard manure and commer- cial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs beat suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. Ring-necked pheasant, mourning dove, and many non- game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. Rapid expansion of Greeley and the surrounding area has resulted in urbanization of much of this Otero soil. This soil has excellent potential for urban and recrea- tional development. The only limiting feature is the moderately rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Lawns, shrubs, and trees grow well. Capability subclass IIs irrigated. 911.059 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. 1856 BALSAM AVENUE GREELEY Subject Property THAT PART OF THE W1/2 OF LOT 2 OF THE SEL/4 OF THE SE1/4 DF SECTION 9, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M. . LYING SOUTH OF THE ORANGE DITCH COMPANY LATERAL AS THE SAME NOW EXISTS, IN WELD COUNTY, COLORADO. 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 lesses 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.ipicatWELD COUN TITLE COMPANY BY TRUDY L. MEIS TITLE DEPARTMENT The foregoing instrument was subscribed and sworn to before me this /igt day of 1)9a , 1991. WITNESS my hand and official seal. My Commission expires: -94425 Watk�O C1�J&z,�` Notary Pu is C LIST OF MINERAL OWNERS AND LESSES OF MINERAL OWNERS FOR PT OF LOT 2 OF SECTION 9, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M. (1856 BALSAM AVENUE GREELEY) ROBERT S. SEE %VINTAGE CORP. 3345 W 12TH. STREET GREELEY„CO 80634 aist DEPARTMENT OF PLANNING SERVICES \\ PHONE(303)356-0000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 C. COLORADO May 28, 1991 Fred L. Otis Attorney at Law Greeley National Plaza, Suite 300 822 7th Street Greeley, CO 80631 Subject: Z-462 - Request for a Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) on a parcel of land described as part of the W2 of Lot 2 of the SW4 SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. Otis: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, July 2, 1991, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is location within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning Commission for its review and comments. Please call Greg Fleebe at 350-9780 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to June 20, 1991, you or a representative should call me to obtain a sign to be posted on the site no later than June 22, 1991. 911053 Fred L. Otis, Attorney at Law May 28, 1991 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, / Lanell J./-Swanson Current Planner LJS/sfr pc: Douglas S. Waggaman Gerrity Oil and Gas Corporation 4100 E. Mississippi Ave. , #1200 Denver, CO 80222 Robert See 3407 E. Locust Street Ft. Collins, CO 80524 911059 •..�� _.®. ▪ �_" --. . �v S ' ter, \ . -•�� .1v �_�I -O� `�- JJ/ 11 ��L�(7 1 •• n .. F, mj_c_i_Hrs.,71:, Li, 5... C (Cy b • /"••i ;l.. V{I • • 1.:, • 00 ..!. SiI :`'O�^ -x,;0��sio:r • . . u o. ,e-.;� �•.- ( sx'/.O-• aa© •' 2 • . /I. f 7! ,,r . .• �` gin:.. [ a.�. — - -.° = --- - . --- • �:� tSC6 L I v i[ x =a / � NIOH PiG/FIC� L.✓i� ' 1 • -,. ! C.• • c." iG /t354 0n-r•�.#P 1 • \ \ ' • it p:l ` -a •410 - _ - �:_`-•�. �_ -- � -• h sL �4 o .. - . 1 .. . Q. �M — • 1 ( yL.•_1'emu.`.Wnr; F .I —r _ La• � �_• I. •�d i I . _°.� S �'�� r • iris . ,:. •, \' !\ a / - ti E�,I.-- { I1_. � Kr. 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J �. . 0. 1 059 D a; 9 " - _ _ W FIELD CHECK FILING NUMBER: Z-462 DATE OF INSPECTION: June 21, 1991 APPLICANT' S NAME: Gerrity Oil and Gas Corporation REQUEST: Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the W2 of Lot 2 of the SW4 SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Balsam Avenue, approximately 300 feet south of East 18th Street. LAND USE: N Residential. E Vacant land and residential. S Residential. W Agricultural production. ZONING: N R-1 (Low Density Residential) E R-1 (Low Density Residential) S R-1 (Low Density Residential) W C-3 (Commercial) COMMENTS: This property contains a large metal building. The ground surface is partially gravelled. The rest is in weeds. The site is fenced with chain link and barbed wire. A church exists on the corner to the southwest. South of the church is an elementary school. There is some C-3 and C-2 zoning to the northeast. The site is flat and has not been landscaped. Cu rent P 0r- 4211059 REFERRAL LIST NAME: Gerrity Oil and Gas Corporation CASE NUMBER: Z-462 REFERRALS SENT: May 28, 1991 REFERRALS TO BE RECEIVED BY: June 7, 1991 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton _Extension Service _Broomfield X Emergency Management Office Dacono Sheriff' s Office _Eaton X Engineering _Erie _Housing Authority Evans _Airport Authority _Firestone Building Inspection Fort Lupton _Frederick STATE _Garden City X Division of Water Resources Gilcrest _Geological Survey X Greeley _Department of Health _Grover _Highway Department _Hudson _Historical Society _Johnstown _Water Conservation Board Keenesburg X Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _Berthoud F-2 _Mead Brighton F-3 _Milliken _Eaton F-4 _New Raymer Fort Lupton F-5 Northglenn Galeton F-6 Nunn Hudson F-7 _ _ Platteville Johnstown F-8 _ _ Severance La Salle F-9 _Thornton Mountain View F-10 _Windsor Milliken F-11 Nunn F-12 COUNTIES _ Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-23 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corp of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration X Western Hill F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _ Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission —R--Greeley _Longmont West Adams COMMISSION/BOARD MEMBER X Don Feldhaus DEPARTMENT OF PLANNING SERVICES RPHONE(303)356-4000,EXT.4400 E�p ��/ s 91510th STREET '�+s / �� GREELEY,COLORADO 60631 C. COL MAY 3 b 1991 COLORADO 0.01E&GASLula COMM, May 28, 1991 CASE NUMBER Z-462 TO WHOM IT MAY CONCERN: Enclosed is an application from Gerrity Oil and Gas Corporation for a Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . The parcel of land is described as part of the W2 of Lot 2 of the SW4 of the SE4 of Section 9, T5N, R6.5W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of Balsam Avenue, approximately 300 feet south of East 18th Street (Highway 34) , east of the City of Greeley. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by June 11, 1991, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: �J We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter.. Signed:/eYete'� Agency:en-O. o, is 645 Cows. CoMvy,, Date: 6r-4--9/ l 91105:9 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 WEST 9TH STREET ROAD GREELEY, COLORADO 80634 (303) 356-6506 June 12, 1991 Weld County Dept. of Planning Services Attn:Lanell Swanson 915 10th St. Greeley, CO 80631 SUBJECT: Case Number Z-462 Dear Ms Swanson, The West Greeley Soil Consernation District Board of Directors has a concern about the application for rezoning from the Gerrity Oil and Gas Corporation. Paragraph 3 of the May 17, 1991 letter from Gerrity's attorneys states that Gerrity intends to store equipment on the property. If this equipment includes old or leaking petroleum storage tanks there is the possibility of eventual groundwater contamination. Since there are several wells in the area the West Greeley Soil Conservation District Board feels that this issue needs to addressed at some point in the rezoning process. If I can be of any further assistance, please feel free to contact me at the above address or phone me at (303)356-6506. Sincerely, } Dwayne K. Newman Resource Conservationist I f P . ON ? 7 199! Vito Ca. Planaint 911059 FIELD CHECK FILING NUMBER: Z-462 DATE OF INSPECTION: ��y‘)2, 81 vq9 APPLICANT'S NAME: Gerrity Oil and Gas Corporation CURRENT PLANNER: Lane11 J. Swanson REQUEST: A Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the W2 of Lot 2 of the SW4 of the SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Balsam Avenue, approximately 300 feet south of East 18th Street (Highway 34) . t 1 �q LAND USE: N (��QS'\At:Wit5 I"gUS1W� IW-aSicIS 216vA Ir) St.lUs�)/V2vwftiv� IJ E C'zS�4v` G Y''Zv+�,l2i' ietkerS s +C>` T,W •Vt2` �h ✓+c:SZ ?a,Yev��2v,& Sp 1 ZONING: N R-1 (Low Density Residential) \I UN 1 0 1991 l E R-1 (Low Density Residential) �J S R-1 (Low Density Residential) Meld Ca. &UMW t;ouunussO QW C-3 (Commercial)` ` ( \,1 .,:\& ` C COMMENTS: \•fc�3w � GC�V�'v‘ S r5 CS \>v�ar v.,..A.A ,1 .,:\t�cc�N,� \\ ` 2 Z a- SOAC.._\,Oc ' �N 2 \�M ti 0 0 E-..ck t\cS� c. . C \S Vu.`-ry 1\ dz"kCc taa �u5i aSS C-Wo.v•-ex�t2A t�w"s -.try �i'7,r2aY N 4 �.\\ W\21� ainvv�1 ,/ C�N1cc::::&C 6 - % --c WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT PHONE (303) 356-4000, EXT. 4250 tt ft( PO. BOx 759 GREELEY, COLORADO 80632 11 C. COLORADO TO: Lanell J. Swanson, Current Planner FROM: Ed Herring, OEM, DATE: June 7, 1991 REF: Z-462 The only area of concern is that which may be stored on the property. I am not sure from the application. The application, in paragraph 3, says "Gerrity intends to use the subject property as an office and storage yard for its equipment. " Will there be chemicals used in the oil and gas industry stored at the location? Will there be equipment maintenance chemicals stored at this location? If these do apply then the reports required by the Superfund Amendment and Reauthorization Act (SARA) Title III may apply. This is the only area where I would have a concern. There are no other conflicts with our interest. 911059 • STATE OF COLORADO ) )s.s. COUNTY OF WELD ) tuN 1 3 1991 David B. Reynolds, being duly sworn , says that he is publisher of The New News, a weekly newspaper 9latitittdiwirigiiu published in Keenesburg in said County ) ' and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein, during a period of at least NOTICE oF PUBLIC HEARING fifty-two consecutive weeks prior to The Weld coon+ Pie the first Commission 1°mc""'"'ta n°�publication of the annexed trig aT esdar w a rat t at app oval to review a oast notice; that said newspaper is a • for approval of a Change d�Lane from R-1 rvi namety newspaper within the meaning of the Residential) to c(5 (commedoas from ternty od ana _as act of the General Assembly of the focporetion. TheParcelaiandis State of Colorado,, entitled "An Act the SW sei a s"ecti�'e to regulate the printing of legal T5N, R85W of the dth Pit, Weld coamr, Colorado, containing 2.273 notices and advertisements, " and acre's,locates st of Balsaem PAvv nue amendments thereto; that the notice apaatP`utath s�Ve30t° feet waiii y tb�� of which the annexed is a printed �ppub of bho�hearng to be held br the copy taken from said newspaper, was Commiss eld for Comity thetycm sider�atiogn published in said newspaper, and in willhe beaccoon conducted enced "�Weld the regular and entire issue of rountyom, Commissioner's rb Rearing Room, First Floor, Weld County every number thereof , Stree�niel Center,ree Bt5� � Comments or obleebam related b 1 the above repneat shoWd be once a week for - mbmittel m writing to the weld ierric Deoertm t W Planning iervices, 91155 Tenth SVeet, Room successive weeks; that said notice Giesler, CWmado rtel was so published in said newspaper ttmhee pububo°Aeaari g on July proper and not in any supplement 891.=re C yes o[ the applicatlon are thereof , and that the first e�Woepaoimepntlle of Planning publication of said notice as antenna'iCentRoom er' Weld Tenth aforesaid, was on the Greeley,aio,- Pipe t Kiefer,Chaimian �o �ee`1`d�cowry Pia udncomm scion day of , 1q ( , o bepubiudced one (Net me br )":...--4 mce 1 ,1ee1 Published in The New News June and the last on the day of 1881. - \.L...� a - 9 • 1 8.tom— Subscribed and sworn before me this [_ day of , 19 ,/ . My Commission$xpires Mart;5 1°r 91/059 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Z-462 for Gerrity Oil and Gas Corporation in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 30th day of May 1991. I 911059 441:( 414C DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ��1111�� 915 10th STREET 1 GREELEY,COLORADO 80631 COLORADO T0: SURROUNDING PROPERTY OWNERS CASE NUMBER: Z-462 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 2, 1991 at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Gerrity Oil and Gas Corporation. FOR: A Change of Zone from R-1 (Low Density Residential) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the W2 of Lot 2 of the SW4 SE4 of Section 9, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Balsam Avenue, approximately 300 feet south of E. 18th Street (Highway 34) . Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell J. Swanson, Current Planner. 911053 June. 1991 Se Greeley, CO 80631 WE, the undersigned, wish to go on record opposing the rezoning o£ Part o£ the W2 of Lot 2 of the SW4 SE./i of Section 9, T5N, R65W of the 6th P.M., Weld County, Colorado from present status of R-1 (Low Density Residential) to C-3 (Commercial). This is largely a residential area, and in addition there is an Elementary School wit •' B half a mile of the proposed business site. 1. .. .rCl::ti...a .e a:A -r.../Vtl 1-445 6/(7°41 2. . ...,,C?h /.11..S j , X.4..✓..C.3..L.k.s ./.. ... -at- - .., , 5. :Ls" 6 76, `f � / t—v -1: . . .. .. . . . ... 7. .. V. ✓. ,... 8. .. . . . a.'i7.K.E'.. .C../ Po 4r'...✓ rec_e_-s /6lo. s. eideice-cc-it- v oil A---. / / f6- LS-7- 11:-.« e/ lirs..A/..1:i.:.,(057..k „s /6,/6,3445,,J.‘i-t--- --.0 1,--e1,--e12: 13. .1.).:5•/......... .. .. r- r a ;346 (64_ - _,70 CZL., 14. 15. 16. 17. 18. 19. 20. .9, _.4,0`9 " EXHti1T . ---(2, ‘4 Junes 1991 1 Greeley, CO 80631 VA WE, the undersigned, wish to go on record opposing the rezoning of Part of the W2 of Lot 2 of the SW4 SE4 of Section 9, T5N, R65W of the 6th P. Th.y Weld County, Colorado from present status of R-1 (Low Density Residential) to C-3 (Commercial). This is largely a residential area, and in addition there is an Elementary School within a half a mile of the proposed business site. r 1. .1,�� c List ti w lit) ,( li ` S eo , 4771 2, JaVg1 Q /D , 19 7151A2V 4 eV 7 3. eir 941°14 ✓9.ii ea49S w o<p .aa� yx trz,i 4. ,�2,vr....12Z;..filmitt ..09.-- 1-.27/9 ( 5. al a-liz-ruke i ” F • 2_14 sr (,- . `ley./ �� I f 7. d;`> 16,t,1 rte. :' t 1.,.a .��.. ....C: �` 8. 07 C 7 €'. c9c,T 4 Sr. C _� -9 r ii),, Its-Es f'�,,..---_ O--c 4 z-(-q r Bp. .f, .r... OW .... .. : 11. a ... 4:4 4 7 a ts...1.i .%G y.hcI..(r ti b` 1/ _ �.13. . GR�64�). tittc.a...7t 7.�i d....kce./.z...... ..lo.-.9/ 14. -4`'' ....: ..--:'ty 4.74/ L-i ! 514 G ^ 47 5,715. `✓' � � ott„ �(' it. �fr.fs- sic-74= 6--;26-'' —9I Tit 16. Li :Yetts e35-Eko 4.- .‘ - 'o/(� < i C x 0-if,k -7 /c9I 17. .: ?vlri.• ',�yvJ-tr//K��_dc�tl,,�n .. � //�+ V7�.�4�.�-1.1r1G�'.�r.�.� � 18. M :.eir rriailelik...M3 - g. I ?/�jT PO: I' g? '9 / 19. .p .. ...hlia, >�.Ut 70 3 ._ E..�Q4_1, -3.:. & --:io _(9C l 20. 21. 2,1.1 059 y'.:. , kOnR OF ATTQRNEY KNOW ALL MEN BY THESE PRESENTS, that 1, Robert S. See (name) , the undersigned, of 3407 E. Locust Street Fort Collins, CO 80524 �M_(address) , County of Larimer State of Colorado here- by constitute, make and appoint Gerrity Oil & Gas Corporation _______.. _ ___ (name) , of 4100 E. Mississippi, Suite 1200, _ Denver, CO 80222 7 - .� ._ (address) , county of , State of Colorado _, my true and lawful attorney- in-fact, for the following purpose: • To represent me in the matter of the foregoing attached application for a _ RezOningOlication (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the Planning Commission and Board of County Comilssioners (Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my behalf before said Board. Robert S. See Subscribed and sworn to before me this _ILA__ day of , 19 91. �p ... ...I'�B��C C t. _ . • Not y Public k Nc\NI0N My commission expires :� � My Commission expires Sept. 2, 1p91 cu r / t • I' 3 199;' Weld Co. l4a:mire hugnialuu 911053 804-79-012 SHADE, DOYLE, KLEIN, OTIS & FRtc i' ATTORNEYS AT LAW DENVER METRO RICHARD N.OOYLE SUITE 300 (303)85&7578 HENRY C.FREY GREELEY NATIONAL PLAZA ROGER A.KLEIN 822 7th STREET FAX FRED L.OTIS GREELEY,COLORADO 80831 (303)353-8712 MARY PAT ELLIS OF COUNSEL (303)353-8700 WILLIAM E.SHADE May 17 , 1991 Weld County Planning Commission 915 Tenth Street Greeley, CO 80631 Re: Gerrity Oil & Gas Corporation Dear Commissioners: Please be advised that I represent the interests of Gerrity Oil & Gas Corporation ( "Gerrity") with regard to its attached Rezoning Application. The below-numbered paragraphs are responses to the Rezoning Procedural Guide and Section 21 .7 , et seq. , of the Weld County Zoning Ordinance. 1 . A completed Application form is attached. 2 . The Applicant believes that its zoning request is consis- tent with the Weld County Comprehensive Plan because the Comprehensive Plan requires compatible and similar uses be grouped together. The East 18th Street area is replete with other industrial and commercial uses that are very compatible with the Applicant' s request. Specifically, many of the properties in the immediate area of the subject property are commercial uses . Further, the property has historically been used for commercial purposes and the Applicant' s use will be no more intense than has been historically the case on the subject property. The Applicant believes that the original zoning was faulty and that there have been significant changes in the area justify- ing the Rezoning Application. There have been numerous changes, not only in the immediate vicinity of the subject property, but in the general area of the subject property that justify the Rezoning Application. The subject property was the subject of a Use by Special Review in 1986 which approved the property as a Use by Special Review for manufacturing cultured marble products. The cultured marble manufacturer that occupied the subject property has now vacated, leaving an empty building which will have absolutely no use absent another Application for Use by Special Review to change the present use, another cultured marble manufacturer to operate under the old Use by Special Review Permit, or a rezone of the property. 9/1.059 Weld County Planning Commission May 17 , 1991 Page 2 3 . Gerrity intends to use the subject property as an office and storage yard for its equipment. Gerrity is willing to screen the property so that surrounding landowners will not be impacted by the storage facility. In view of the existing commercial and industrial uses in the surrounding area, Gerrity does not believe that there will be any negative impact to the surrounding properties. The property immediately adjacent to the subject property is as follows: (a) West - resident and irrigated farmland. (b) North - residence, electrical business, irrigated farmland and livestock facilities . (c) South - residence. (d) East - irrigated farmland. The general area of the subject property is replete with industrial and commercial uses and zones. 4 . The water source for the subject property is Well No. 012716, dated September 1962 , 81 feet deep, 24 G.P.M. , issued to Bennett and White. No water will be used on the property except for sanitation purposes . There is an existing septic system also on the property which is adequate for the office use proposed by Applicant. 5 . A soil survey and study is attached (see attached Vicinity Map) . 6 . The road and highway facilities providing access to the property are adequate to meet the requirements of the proposed zone district; i.e. , there is direct access onto Balsam Avenue which is a paved and adequate street. 7 . The Weld County Department of Planning Services has not advised that there appear to be sand, gravel or other mineral resources on or under the subject property and, accordingly, no mineral resource statement is attached. 8 . The subject property is not in the flood plain, geologic hazard and/or Weld County Airport Overlay District. 9 . Attached is a copy of the Deed by which Robert See obtained an interest in the subject property. Gerrity is the contract purchaser of Robert See' s interest. I-414; 051 Weld County Planning Commission May 17 , 1991 Page 3 10 . Attached is a certified list of the names, addresses and the corresponding parcel identification numbers assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property subject to the Application. 11 . Attached is a certified list of names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. 12 . Applicant is willing to supply additional information as may be required or requested by the Department of Planning Services, the Planning Commission, or the Board of County Commissioners in order to determine that this Application meets the standards and policies set forth in the Zoning Ordinance and Weld County Comprehensive Plan. 13 . Attached is a Vicinity and Land Use Map prepared by McRae & Short, Inc. , which complies with the Rezoning Procedural Guide and Section 21 .7 . 2 of the Weld County Zoning Ordinance. 14 . Attached is a Rezoning Plat drawn to the specifications outlined in Section 21 .7. 3 of the Weld County Zoning Ordi- nance. 15 . The Applicant is willing to post a sign on the property at least 10 days preceding any hearing date set by the Weld County Planning Commission and the Board of County Commis- sioners . 16 . There are an original and 24 copies of the Application materials being forwarding with this letter. 17. The change of zone application fee of $750.00 is at- tached. Sincerely, L9k Fred L. Otis Attorney at Law FLO:rah Enclosures cc: Gerrity Oil & Gas Corporation . !‘ 0 REZONING APPLICATION Case 0 ) 11 ‘,..1Y 2 199i Weld County, Colorado WeldRaman Dept. of Planning Services App. Ch'd By: Date Rec d: a elulsMuu 915 10th Street App. Fee: 750, ©(_j_ Receipt 0: / F/07 Greeley, Colorado 80631 Record. Fee Receipt 0: TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature. I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed rezoning of the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION: That part of the West 1/2 of Lot 2 of the SW 1/4 of the SE 1/4 of Section 9, Township 5 North, Range 65 West of the 6th P.M. lying south of the Orange Ditch Company Lateral as the same now exists, in Weld County, Colorado. (If additional space is required, attach an additional sheet) Property Address (if available) : 1856 Balsam Avenue, Greely, CO 80632 PRESENT ZONE R-1 PROPOSED ZONE C-3 TOTAL ACREAGE ,24/9 r OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Robert S. See Nome Telephone 0: Address: 3407 East Locust Street Bus. Telephone 0: Fort Collins, CO 80524 Name: Bone Telephone #: Address: Bus. Telephone 0: Name: Home Telephone 0: Address: Bus. Telephone 0: Applicant or Authorized.Agent (if different than above) : Douglas S. Waggaman Name: Gerrity Oil & Gas Corporation Home Telephone 0: (303)388-7753 Address: 4f00'E, _Mississippi Ave. , .01200 Bus. Telephone 0: (303)757-1110 Denver, CO 80222" Owner(r,) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Robert S. See Address: 3407 East Locust St. , Fort Collins, CO 80524 Name:_ Address: Name:_ Address: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. ra-P COUNTY OF ) Gerrity Oil & Gas Corporation STATE OF COLORADO ) By ------- o glas S. Waggaman Senior Vice Pres.'dent Subscribed and sworn to before me this /rizi day of 7)/„.77, ,19%/ . SEAL ✓LAC NOTARY PUB>,I tt�s� 1_r"r)53 PH)/ 14 '`_n. 14:4t; Htw kLil ill I f I i , r ti , ! '+.''e b:Cr1 kC _ .-bx2 - --. - ', ._ 1.00 1/001 6 B 1 REC 02066936 02/01/67 11113 > P 1x.0 NARY ANN PEUERSTEIN CLERK 6 RLC01 t WELD CO, CO-.. • -^.- ...,... . _- AK2U6r93'+..__. Tii r.c:. ..,., .. .�(I PERSONAL REPRESENtYrl'1'E'S DEED i ITcslate liwtmvl ',I • THIS DEED. Muth:l+ FIRST INTERSTATE RANK OF_DENVER_N.A. I•� I y� ___ _ ._� uw 1\'trnlnl Wpn.�•nhnlru Ilf nw I:wWtc of front patarrlantmry�r�Y _ R BERT S. BEE •_-�__.. 'Y�ducvscd,tirumro, Dote.,QriFa('•`+7t`rri G j u+_.__ROBERT S. BEE .....�: ........._... �11 • whores legal address is, • ,-^ --.1-------- .I saoSf6Fii e66"' • cr..lev. co _FAT , WHEREAS•the ahts,t•nanad decedent In hls lifetime nude and emitted his tad WIII amt Testument doted -rah 90.,_ ,_„_ ,hl n.,,whleh Will II I I was my admined to Moak I informaD ptsuaue un -Aveuut T ` ,I District ('uutf in and li+r lM Grittily II 10 86 by the 86 PR 209._; nf—tartar .and Stint of Colamdn.Pn+hum N0t �I, It WHRRUAR,(irat4,x was duly u['pnlnled 14rxmal Rapnsenu+tiw or said Cslole on Auevet 7. • JIj IV B6 ,and is now qualified and lading In sold ctipacity, ;1 1 7 Ii NOW.711P.kCNY)NE. pursuing to the pisses conferred upon(lranpv by the Colorado PntMIM1 Code,Gnmtor dtws 7 hemhy r.ell, convey,assign. Transfer and set over unto Grantee SNNj ODEINannPr xfu and In considcration or Sixty4even Thousand Five Nundutd .PdlunP>INSN1ft fFX81 Comma( 1 I� p1lYersitsvirRIRNBLS;YiR6 erwit1r the follnwiny described test properly%name In the Y I Aid .Shoe or nos.: PI 1 That port of the Wy of Lot 1 of she SW► of the SEI of Section 9, I. Township S North, Range 65 Rost of the 6th P.N., lying South of II r it thu'Orangu Ditch Company Lateral as the dome now exists, in ,, h t • I' Wald County, Colorado.' i '1') ;I THE ABOVE-NAMED GRANTEE IS NOT THE SPOUSE, AGENT, OR ATTORNEY Or THE PERSONAL w li REPRESENTATIVE OR ANY CORPORATION OR TRUST IN WHICH THE PERSONAL REPRESENTATIVE II HAS ABENEFICIAL INTEREST. II II also known by street and number rt 1556 Balsam Avenue, Creelay, CO 60631 •i With With All appurtenances.subject to Pwentinis,eusenicins mid nshictiOttsar mold.and suhJeel a+svong property lases V i Bathe year lV_IL ,and',Wiwi u, right e-of-way of record; proteetive covenants of 1 i record if any; oil, gas or patent'reservations; ells otherlexceptions zoningandmother governmental rules and ragulations; • any statutory lien righte resulting from inclusion in any governmental improve- • went district. I ii As used hesln.the%insular includes Stu['lurid and the mumatlhm gender the Ittnanlncund neuter genders w the contest II +++uY reyulw FIRST INTERSTATE BANK OF DENVER N.A. liseetaud"� ass.• rt rt� . I'La 7__._ \ tfi�dfp L ♦ ,i. , ` 4 / a,iv,milial Nepn,eitial t a' i I •�,iC�Ci.r ��LF' I .. . r!, ,Rot a� shier •'rI h.ndeof_ Rob.erLitinman_� ...._.__.-.._. i. • I„6`TATli 011<Y IIl1NAU(! +j•' _Q,,-.S..,„('OUNTY f 111 r„.\YIirolg.a{. ` uY u:_s 0.nLctv�— • IU�� . q 'Slier n lottli titrumenl t is n•tfina9edst•d l •6 n'me pit L;,�ri by hales L../'I laal,,Letkokol-i,ilitt:.WM.iLIOL" f.!'re'(.or%mos lier nut Hennt nuni+v nY the&taw ;I et Rdbell Hinman , Deeenad. V.111101.111).Imnd and itcheinl sent. MY 1Yluplsrlan exert*:.—....4ti�..7_ •er--... •` , ' pl M .. ....... ,•/-- ` P(� SAR r.. µ 44. Sir ''Sit' r ,,k,+ej ti Al.i. II1. MM.IMs.ssl+. I7ewovallItrlti 41.111V1.91 %4 I DM limn., , , ,.I,+Y,.4..eel,%lb V• IAr..,.,l,Mlll ••,••:•,H„. SURROUNDING PROPERTY OWNERS INTEREST OWNERS AND/OR SUBSURFACE GERRITY OIL AND GAS CORPORATION Z-462 Robert S. See c/o Vintage Corporation 3345 W. 12th Street Greeley, CO 80634 Ronald F. and Dorothy J. Hirsh 707 East 20th Street Greeley, CO 80631 A. Gordon & Donna M. Brenckle 933 East 20th Street Greeley, CO 80631 Patricia A. Adolph 1931 Basswood Avenue Greeley, CO 80631 Walter A. and Anne W. Schenkman 710 East 19th Street Road Greeley, CO 80631 Jack T. and Christine A. Fetig 1958 Balsam Greeley, CO 80631 Patrick D. Leahy 703 East 20th Street Road Greeley, CO 80631 Harlan B. and Renee P. Pettit 711 East 19th Street Road Greeley, CO 80631 Milford L. and Margaret Copeland 713 East 19th Street Road Greeley, CO 80631 Robert J. and Catherine A. Moore 717 East 19th Street Road Greeley, CO 80631 Louis G. and Lynda C. Reed 1924 Basswood Greeley, CO 80631 Larry A. and Debra K. Sherin 1930 Basswood Greeley, CO 80631 91-1.053 ,ncu Qr�✓ CILLSS 11514 I SURROUNDING PROPERTY OWNERS INTEREST OWNERS AND/OR SUBSURFACE GERRITY OIL AND GAS CORPORATION Z-462 Page 2 Gene H. and Dorothy J. Phagan 1936 Basswood Greeley, CO 80631 Donald L. Rogers 1912 Balsam Avenue Greeley, CO 80631 Edwin W. and Katherine Saalwaechter 904 East 18th Street Greeley, CO 80631 Ruth Maes 818 East 18th Street Greeley, CO 80631 Harold F. and Doris I. Satur 2101 15th Street Greeley, CO 80631 Ralph H. and Ferria J. Henckle 2435 50th Avenue Greeley, CO 80631 Freda and Geraldine A. Tjardes 730 East 18th Street Greeley, CO 80631 Duane L. and Catherine K. Warkentin 812 East 18th Street Greeley, CO 80631 John T. and Rita L. Rayburn 704 East 18th Street Greeley, CO 80631 Paul J. and Mary Jane Johnson 705 East 18th Street Greeley, CO 80631 Michael D. and Geraldine T. Scully 817 East 18th Street Greeley, CO 80631 A. Gordon and Donna Marie Brenckle 933 East 20th Street Greeley, CO 80631 9:A.1059 SURROUNDING PROPERTY OWNERS INTEREST OWNERS AND/OR SUBSURFACE GERRITY OIL AND GAS CORPORATION Z-462 Page 3 Leonard O. and Viola Mae White 635 East 20th Street Greeley, CO 80631 Christ Christian Church 20816 Northmoor Drive Johnstown, CO 80534 Elliott and Elliott, Inc. P.O. Box 1164 Greeley, CO 80632 Tommy W. and Bobetta A. Kime 574 East 18th Street Greeley, CO 80631 Robert D. and Elnora O. Bliss P.O. Box 816 Greeley, CO 80632 Edward and Ruth J. Hungenberg 623 East 18th Street Greeley, CO 80631 Michael B. and Paul Hungenberg 976 North Balsam Avenue Greeley, CO 80631 Faustin D. and Maria A. Trujillo 569 East 18th Street Greeley, CO 80631 9/1 059 Hello