HomeMy WebLinkAbout930922.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING CHANGE OF ZONE FROM C-1 (NEIGHBORHOOD
COMMERCIAL) TO I-2 (INDUSTRIAL) FOR TED ROTHE
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 15th day of September, 1993, at
10:00 a.m. for the purpose of hearing the application of Ted Rothe, 1847 26th
Avenue Court, Greeley, Colorado 80631, requesting a Change of Zone from C-1
(Neighborhood Commercial) to I-2 (Industrial) for a parcel of land located on the
following described real estate, to-wit:
Lot 1 of the NW,' SW* and Lot 4 of the SW* NW,' of Section
4, Township 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, the applicant was represented by Gary Gettman, and
WHEREAS, after hearing all of the testimony and statements of those present
and based upon the recommendation of the Planning staff, the Board deemed it
advisable to continue said matter to September 29, 1993, at 10:00 a.m. , to allow
staff time to inspect said property for violations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ted Rothe for a Change of Zone from C-1
(Neighborhood Commercial) to I-2 (Industrial) on the above referenced parcel of
land be, and hereby is, continued to September 29, 1993, at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the follown/ing vote on the 15th day of September, A.D. , 1993.
�/✓ �"7a,t X//� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD OUNTY, COLORADO
Weld County Clerk to the Board r 0f25.�, >n
Constance/ h. Harbert, Chairman
}'��
BY: 42 �lft/�l l/IAIA`/ /IIX_�(�lit J
(( Deputy Cle k to the Boat W.
Webster, Pro Tem
APPRO TO FORM: //i/ J� �((
//George/E. Bax er
unty Attorney a /e/ K. Ha 1 / //' L/
lW IN �f- ���.�,N✓imyt`UL
/Barbara S. Kirkmey r O
PL0928
930922
HEARING CERTIFICATION
DOCKET NO. 93-65
RE: CHANGE OF ZONE FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO I-2 (INDUSTRIAL)
- TED ROTHE
A public hearing was conducted on September 15, 1993, at 10:00 A.M. , with
the following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated August 23, 1993, and duly
published August 26, 1993, in the Windsor Beacon, a public hearing was
conducted to consider the request of Ted Rothe for a Change of Zone from
C-1 (Neighborhood Commercial) to I-2 (Industrial) . Lee Morrison,
Assistant County Attorney, made this a matter of record. Chuck Cunliffe,
Planning Department representative, explained this matter was considered
by the Planning Commission on July 20, 1993, at which time the Commission
recommended denial. Since then, the applicant has provided additional
information concerning the commercial mineral deposit, which was the
primary concern of the Planning Commission. Surveys were done and it was
found that a deposit does not exist under the subject property; therefore,
staff has revised its recommendation to recommend approval. However, the
issue is, since there may have been substantial change, whether the matter
should be referred back to the Planning Commission. Mr. Cunliffe also
noted that there are adjacent property owners with objections and
concerns, of which staff was unaware. Mr. Morrison said the basis for
consideration is the provision that the Board cannot act unless the matter
has been referred to the Planning Commission for recommendation; however,
the question is whether the recommendation is adequate since the survey
information did not exist when the Planning Commission heard said matter.
Referring to the Planning Commission's Resolution, Mr. Morrison further
explained that since the denial was focused only on the commercial mineral
deposit and not related to any other issues, the Board knows the Planning
Commission's view for adequacy. Mr. Cunliffe confirmed for Commissioner
Hall that the Planning Commission's recommendation for denial was due to
insufficient information regarding the deposit; however, it is now known
there is not a deposit under the property, and he referred to a letter
from Jeff Hynes, State Senior Engineering Geologist. Commissioner Webster
stated that since the deposit issue has been resolved, he would move to
proceed with the hearing today. Commissioner Hall seconded the motion.
John Malone, representing surrounding property owners, said he feels the
mineral issue is still in question and is a valid reason for denial. He
stated he would like to see the matter referred back to the Planning
Commission. After further comments, the motion carried unanimously. Mr.
Cunliffe entered the favorable recommendation of the Planning staff into
the record as written. He reiterated staff was unaware of objections of
surrounding property owners at the time the recommendation was written.
Gary Gettman represented the applicant and stated the site is a twenty-
acre parcel northeast of Bypass 85 and East 8th Street and is in the City
of Greeley's peripheral growth area. He said the site is joined by
commercial and light industrial users, and the current C-1 Zoning is
faulty because the property is not marketable and is not consistent with
surrounding uses. In response to questions from Commissioner Kirkmeyer,
930922
Pk,O 9, rc >; .
RE: HEARING CERTIFICATION - ROTHE
PAGE 2
Mr. Gettman said Ellis and Capp is to the south of the site and referred
to the adjacent business survey in the application. He noted 75 to 80
percent of the surrounding business owners were opposed to mining on the
site. Mr. Gettman said the area to the west of the site is zoned I-3,
northwest is C-3, Ellis and Capp is I-3, and to the east is a Special
Review Permit in the Agricultural Zone; thus, most of the area is zoned
Industrial or C-3. In response to a question from Chairman Harbert, Mr.
Cunliffe explained C-1 requires all operations to be inside of a building,
C-3 allows outside uses with some uses requiring screening. He noted the
difference between C-3 and I-2 (Light Industrial) is that I-2 uses outside
must be screened, and he stated I-3 is restricted to screening. Mr.
Cunliffe explained the original request was for I-3 Zoning; however, the
City of Greeley would only support I-2 Zoning. In response to a question
from Commissioner Webster, Mr. Gettman said the access is from 8th Street
to the center of the property and is a 35-foot easement. He explained
Loloff is mining to the north and east and indicated Mr. Rothe's property
is now vacant. Mr. Gettman identified the 20-acre parcel as two separate
10-acre parcels and said it does not make sense to have C-1 Zoning with
the continuing demand for larger lots allowing outside storage. In
response to further questions from the Board, Mr. Gettman explained the
user interested in the south parcel was Rocky Mountain Oil Service, who
would store pipe for use in oil fields; however, their contract was
contingent upon the Change of Zone and was not extended. He said the
Conditions of Approval have been reviewed and are acceptable, and he noted
that they would be addressed again in a site plan submitted by any
potential user. Mr. Cunliffe confirmed that any type of use would require
a site plan review for screening, etc. He reiterated I-2 allows screened
uses outside, but C-1 uses must be inside a building. Mr. Gettman agreed
with Commissioner Webster that the access depth would deter commercial
types because there is no frontage and the site is isolated. Mr. Malone
said he is confused about the type of zoning. Mr. Cunliffe said it would
be straight I-2 type uses allowed and explained any site plan would be
reviewed by staff and other referral agencies for compliance. Mr. Malone
made further comments and recommended the change be modified to PUD
(Planned Unit Development) I-2 Zoning. In response to a question from Mr.
Cunliffe, Mr. Malone said the property he is representing is zoned I-3
with a contracting business on it, but it is also PUD. Rocky Francis,
adjoining property owner, said for thirteen years he has owned the
adjoining ten acres, which is zoned I-2 but used for farming and
residential. He said Mr. Rothe has been mining the property and noted it
is in the floodplain and was under water in 1984. He also indicated there
has been storage on the site, the land has been abused and is leaking
mining minerals into the ground, and water has been exposed. Mr. Francis
said minerals are oozing up on his property and the cleanup is going to be
substantial if any more leakage gets into the water. After further
comments from Mr. Francis, Mr. Cunliffe indicated mining is permitted on
Mr. Loloff's property, but none has been discovered on Mr. Rothe's
property. Mr. Francis explained the over burden had been removed and a
200-foot by 300-foot area had been mined, as well as ground water
uncovered in surrounding areas. He said in one area, oil had been drained
into a pit and, even though the Health Department directed Mr. Rothe to
leave the area uncovered, trash was put in it and it was covered. Mr.
Francis said the City offered him water in exchange for a zoning change
from C-2/Agricultural to I-2. In response to questions from Chairman
Harbert, Mr. Cunliffe said if Mr. Rothe's property was annexed into the
City, a pre-annexation agreement would be entered into; however, the City
does support I-2. Mr. Morrison questioned whether Mr. Francis had an
agreement with the City. Mr. Francis stated he received potable water but
no sewage and indicated he had no choice on the zone change. Again in
response to questions from the Board, Mr. Cunliffe said there is a 35-foot
easement, which was reviewed by Engineering and Mr. Morrison. It was
referred back to Engineering by the State Highway Department as a
satisfactory access once an adequate recorded document had been received.
Mr. Francis said mining occurred within the last two years and indicated
the types of storage on the site. Commissioner Kirkmeyer stated concerns
regarding a Health violation, and Mr. Cunliffe said, if the site is
currently used for storage, there is a zoning violation. In response to
930922
RE: HEARING CERTIFICATION - ROTHE
PAGE 3
a question from Commissioner Baxter, Mr. Cunliffe said the majority of the
adjacent property is in the City of Greeley. Mr. Francis suggested Rocky
Mountain Drilling buy the 6.3 acres, which is zoned C-2 and I-2, owned by
Midexco. Kellie Holland, surrounding property owner, stated concerns
about the floodplain and contamination on the site. She said 1-2 would be
acceptable with the appropriate user; however, she strongly recommends
denial and suggested I-2 PUD Zoning. Mr. Cunliffe responded to
Commissioner Hall's request concerning the pros and cons of I-2 versus PUD
by stating I-2 would allow the uses previously stated through a site plan
review and PUD would allow I-2 uses as permitted on the plat. Mr.
Cunliffe said staff also has concerns with straight zones, but uses the
site plan review as a provision. Mr. Morrison noted staff cannot deny a
use listed as a use-by-right unless the applicant is unwilling to meet the
Conditions of Approval. Mr. Cunliffe said a flood hazard development
permit would be required, and Mr. Morrison said State Health requirements
would also have to be conformed to. After further discussion, Otis Ross,
adjoining property owner, said he objects to the rezone and stated the
area is a mess as it is. It was determined Mr. Ross' property is zoned
Commercial. Mr. Gettman stated the concerns of Mr. Malone and Ms. Holland
should be addressed through the site plan review and indicated the storage
on the property is the reason for the Change of Zone. He explained Mr.
Rothe has an oil field construction business and has had equipment stored
on the site at times. He reiterated the need for appropriate zoning to
allow consistency with surrounding uses. Concerning the mining, Mr.
Gettman said Mr. Rothe had mentioned that his attorney told him that if
the extracted gravel was used for the road and he did not dig too deep, it
was not considered mining. Mr. Cunliffe said, in the past, such instances
have been referred to the State to determine if a mining permit was
required. He stated his concern is whether the extracted minerals were
moved to adjacent property, because when the minerals leave the property
it then becomes a mining operation, which requires a permit. Mr. Cunliffe
reiterated, since new issues of potential violations have been raised, he
is not as comfortable with staff's recommendation as he was prior to the
hearing. He also stated staff has questions which Mr. Rothe, himself,
needs to answer. Commissioner Hall said he has a major problem with
changing zoning to bring current noncomplying uses into compliance. Mr.
Cunliffe said, if the site were vacant or had a site plan been approved,
it would be in compliance, and he assured the Board an inspection would be
made today. Commissioner Kirkmeyer stated further concerns about
violations and moved to continue the request of Ted Rothe for a Change of
Zone from C-1 (Neighborhood Commercial) to I-2 (Industrial) to September
29, 1993, at 10:00 a.m. The motion was seconded by Commissioner Hall, and
it carried unanimously.
This Certification was approved on the 20th day of September, 1993.
J//�� APPROVED:
,47 ATTEST:IA � �/J 4 a. BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
Weld County Clerk to the Board
By: / 9X l ak tcc A d Constance L. Ha bert, Chairman
Deputy lerkto the Board1 C.�� /�i_l�q,(-/���'
W. Webster, Pr -Temp-�' 1
TAPE #93-31
e—��'r C 7rx
Geo\gBaxter
DOCKET 1193-65
Dap K. Hall /J
PL0928 akitiiCA cf- , AA-76A-1-4,''-1
Barbara J. Kirkmeye 1
930922
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF SEPTEMBER 1993:
DOCKET II 93-65 - CHANGE OF ZONE, TED ROTHE
DOCKET U 93-61 - AMENDED USR, KN FRONT RANGE GATHERING COMPANY
DOCKET II
DOCKET 11
PLEASE write or print your name legibly, your address and the DOCKET P (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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CO_ a� L` LC R le IC
930931
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. 93-65 Ted Rothe
1847 26th Avenue Court
Greeley, Colorado 80631
DATE: September 15, 1993
TIME: 10:00 a.m.
REQUEST: Change of Zone from C-1 (Neighborhood Commercial) to I-2
(Industrial)
LEGAL DESCRIPTION: Lot 1 of the NW! SW,' and Lot 4 of the SW! NW! of Section
4, Township 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado
LOCATION: Adjacent to the City of Greeley, approximately .25 mile east of U.S.
Highway 85 and 500 feet north of State Highway 263
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY
CLERK TO THE BOARD
BY: Linda M. Dodge, Deputy
DATED: August 23, 1993
PUBLISHED: August 26, 1993, in the Windsor Beacon
930931
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss
COUNTY OF WELD
>l= Third Floor,Greeley, I, KEITH HANSEN, of said County of Weld, being duly
sworn, say that I am publisher of
PYtrsuent to the tteltitp " ,r".:• es r
Nrs of the Stale of Waal ND.9344
Adore&and the Weld WINDSOR BEACON
County zest APPLICANT: Ted
Callnance,-• P000 Soft, 1547 NUT a weekly newspaper having a general circulation in said
dio Cg wtfi bembers of 0.- Awsatd Court,G'°Wy, County and State, published in the town of WINDSOR,
fire Chambers of� Celwado 50&91
Hard of cosin said County and State; and that the notice, of which
CMnmisstonefs of Mimi DATE:September 15, the annexed is a true copy, has been published in said
CrIamty,Colorado,81Wd 110.
County Contemn* for�—successive weeks, that the notice
nt . - - �
Center,91510th Wram, TAAL 10:00 a.m, was published in the regular and entire issue of every
First Floor,-Graeley, number of the paper during the period and time of
Colorado, at the tM• I�Ct
o 1EST:Change of publication, and in the newspaper proper and not in a
e odsad. All erasable Zoft - from -C-1
soy manner interested. f Nal g b o r h••d supplement, and that the first publication of said notice
In the foliowla0 Cs*a1•rclal) to 1-2 was in said paper bearing the date of the
proposed Change" !7 ( 'W) ��// .t! n ,I.
;rases are requested la - /'If µ-de of a.Lr -- , AD., 19 93
:MNend and may ba LEWt.DESCRIPTIOW Y and
Word. Lt 1 of Me NW 1/e SW the last publication beari the date of the
Va tttyflot a of the.WW
Should the pppgcaf'or 1/4 NW 1/e of Section e, day of A.D., 19 and
go* interested pe14' Tstwtfi5 5 Nr. that the said WINDSOR BEACON has been published
*Ore the preeencaef• �P ed,.West a.st•
oat reamer tomew to*PAt.,Weld Cow*, continuously and uninterruptedly for the period of 5
'Hord of 'he Celmado consecutive weeks, in said County and State, prior to the
Pprrteednapen uifillonteem* date of first publication of said notice, and the same is a
the 'taped raison t,OCATKJN:AdlaoaR Y
Mkhwiffbe kept doing the Giq of Greeley, newspaper within the meaning of an Act to regulate
shheadn0,the Clotho s cuSnet•iy .25 nth printing of legal notices an advertisements, approved
M Board's Office tiles eMtNU S.Heim"fs May 18, 1931, and all prior cts ar as in force.
M advised in wt.'s el and sio feat north of
oft action at least filed DfloW H9hwat 259 • /
dips prior to OhohtMdng. The cosi ef SDARD OF COUNTY
engaging a Oft" COMM.SS IONE RS, a P LISHER
ripener shall be Wow «? COUNTY,
er to requesting poly.
BE IT ALSO KNOWN ST: DONALD D.
Subscri b d and" sworn��l to before me this , day
Maf the text and men $(N WELD of 4D.tl..�./t 19 q19 q3
de certified by the WWCOUNTY CLERK TO Coy �p ���Zl .x1�
County PlanrWq nit BOARD ✓'o�,y/ Q}_
Commission may N NOTARY PUBLIC
esetnined in the camel BY:Linda M. Dodo*,
S Clerk tateRaft* PS* a / �9�Cstnq Corn,.' flti, My commission expires fir/ .
booted in the Wow d' In Dmv
County C_ nSs M as on
Omer,915 tiflt`fsral " •
930931
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #93-65 was placed in the United States mail, postage
prepaid, addressed to the following property owners.
DATED this L�L/) day of art. t , 1993.
_ ,✓�
CA."-
7 , C) 2 TTl74't./
Deputy Clerk to the Bo
Loloff Construction, Inc. Otis Oren Ross
145 3rd St. Route 1, Box 3
Box 518 Greeley, CO 80631
Kersey, CO 80644
Robert D. Francis
Eldon L. and Patricia Harrell Box 843
4123 Central Ave. Greeley, CO 80632
Evans, CO 80620
Strong Farms, Inc. and Curtis Strong
Jay E. Goza Box 10
1944 26th Ave. Ct. Platteville, CO 80651
Greeley, CO 80631
Midexco Construction, Inc.
Wayne and Mary Wadsworth 417 8th St.
260 1st Ave. Greeley, CO 80631
Greeley, CO 80631
Burris Company, Ltd.
Kimberlie A. and Kevin D. Skatum Box 1747
Kellie S. Malone Greeley, CO 80632
10575 W. 120th Ave.
Broomfield, CO 80021 Martin and Viola Frei
2045 Cherry Ave.
Kejo Investments Greeley, CO 80631
2615 Oak Drive, #1
Lakewood, CO 80215 Barnett and Brinkman Enterprises
301 E. 8th St.
HR Catherwood Greeley, CO 80631
130 Lafayette
Denver, CO 80209 Marge T. Ruland
1912 26th Ave.
Curtis L. and Heide R. Shupe Greeley, CO 80631
115 E. 4th St. Rd.
Greeley, CO 80631 Noffsinger Manufacturing Co. , Inc.
500 6th Ave.
Bristol Production Greeley, CO 80631
720 9th St.
Greeley, CO 80631
920931
PAGE 2 - CERTIFICATE OF MAILING
COZ-480 - TED ROTHE
Helen T. Redmann
5855 W. Lehigh Ave.
Denver, CO 80235
Ted Rothe
1847 26th Ave. Ct.
Greeley, CO 80631
930931
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