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HomeMy WebLinkAbout930886.tiff RESOLUTION RE: CORRECTION OF LEGAL DESCRIPTION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A RECREATIONAL FACILITY (GOLF DRIVING RANGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICKERS 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, on May 19, 1993, the Board of County Commissioners approved a Site Specific Development Plan and Special Review Permit for a recreational facility (golf driving range) in the A (Agricultural) Zone District for Henry and Marjorie Rickers, 2497 I-25 Frontage Road, Erie, Colorado 80516, and WHEREAS, the Board has been advised the Resolution approving said permit included an incorrect legal description, and WHEREAS, after review, the Board deems it advisable to approve the correction to said legal description, as set forth in the Board's Resolution of May 19, 1993, to read as follows: (underlining denotes correction) Part of the Ni SE* of Section 22, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove corrected legal description for the Site Specific Development Plan and Special Review Permit for a recreational facility (golf driving range) in the A (Agricultural) Zone District for Henry and Marjorie Rickers be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following /Ivoltee oon the 8th day of September, A.D. , 1993. e �p" 1/(/GL2 ( BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. Har/bert, Chairman BY: Deputy lerk to the Board W. :ilibster, Pro-T m� APPROVED AS TO FORM: e rge E/Baxter J my A torney Dale K. Hall ti7C-41/ /Barbara J. Kirkme3Ser 930886 PL0907 PLOgo'7 de : PL NOTICE DOCKET NO. 93-64 Notice is hereby given that a public hearing will be held on September 8, 1993, at 9:00 a.m. 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 which time the Board will consider the following: Correction of legal description for a Site Specific Development Plan and Special Review Permit for a recreational facility (golf driving range) in the A (Agricultural) Zone District, Docket #93-27, conditionally approved for Henry and Marjorie Rickers, 2497 I-25 Frontage Road, Erie, Colorado 80516. All persons in any manner interested in said matter 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. CORRECTED LEGAL DESCRIPTION: Part of the NI SEe of Section 22, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board PUBLISHED: August 26, 1993, in the Windsor Beacon 930886 P1..P9a7 AFFIDAVIT OF PUBLICATION MCI yr..ea loads Office shad STATE OF COLORADO he advised in writing of ss t7AET NO.9110 swell also r.least five COUNTY OF WELD days -Mier to the Ka00R Y hereby gram Mating. The coat of NOt/likcheaders. alleging a court I, KEITH HANSEN, of said County of Weld, being duly bet*an Septets* rawtler shall be borne sworn, say that I am publisher of k la et 9:00 ea m *IN requesting pry. totWinbere opt* e ttot of cony .E IT ALSO KNOWN WINDSOR BEACON Cayes-. loners of WI that the text and mega Se*,Colorado,IOW el earthed by the Wald a weekly newspaper having a general circulation in said Cooney centennial County Planning County and State, published in the town of WINDSOR, Cants,ins loth%est Caamiesion maybe First FNor, Greeter, oaa.Mned in the skit Of in said County and State; and that the notice, of which came,at which sr *Clerk to the Bowe* the annexed is a true copy, has been published in said the sir will consider Cant Comm!? weekly ford__ successive weeks, that the notice the e/aMng: Waled in the — Cerny Centeneltl was published in the regular and entire issue of every Caranilon of NNW Grew,915 10th Street, number of the paper during the period and time of baerlpyon for a Sit. Well Floor, Greeley„ publication, and in the newspaper proper and not in a Species Developer.. F Wa,eo- Plan and SpaeW supplement, and that the first publication of said notice =Permit Permit COib1ECTED LEGAL was in said paper bearing the date of the DESCRIPTION:Part el .B driers range) in M A !N 112 SE 1/4 Of I"1 (Agricultural) Rate Men- f.Township 1 DISK " day of ��.�x,a.�" , A.D., I9- and KDocket r., OWc' Range S8 the last publication ring the date of the au.dYMrahy appraise 14 6th P.M.,Wald M H .and Marl** Coon),Cobrasl day of , A.D., 19 and Kl6Yera, 2497-.I-e. s OF COt*1'Y that the said WINDSOR BEACON has been published Fron.aglt Road, Err; ISSIONI:Y1f Colons 80516. !Wie Y continuously and uninterruptedly for the period of 5 All Warns in any wag consecutive weeks,in said County and State, prior to the (Warns In Iy date of first publication of said notice, and the same is a NW matter one SY: DONALD` D. newspaper within the meaning of an Act to regulate muss to nod aM SAGEN, CLERK TO printing of legal notices an advertisements, approved rawireeetard. • May 18, 1931,and all prior cts ar as in force. Shall the applicant ar SY: Oa* K any Interested pony aW t, deN:fMfaraeerca ofa � •"?'-'' court wearier to mars ma, - i. P USHER record of theA, j. pr esaOrga,In add* 7� t.etOY�i sibs��' -- la Subscrib d a sworn before me this [�day era_ nevanaw of / 19 9 Ail NOTARY P:JBLIC My commission expires ry 2 r / 99 6 . 93.0889 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-64, was placed in the United States mail, postage prepaid, addressed to the following property owners. /1 DATED this ogll day of C21A a�J , 1993. {tee LThi& Deputy Cler v to the Board CLAY AND DEBORAH RICKERS JOHN AND SHIRLEY CLELAND 2507 I-25 FRONTAGE ROAD 2474 WELD COUNTY ROAD 7 ERIE, CO 80516 ERIE, CO 80516 MARY BAKER MARY BAKER 3426 WELD COUNTY ROAD 6 3424 WELD COUNTY ROAD 6 ERIE, CO 80516 ERIE, CO 80516 ROBERT AND KAREN LOVEWELL UNION PACIFIC LAND RESOURCES 3693 WELD COUNTY ROAD 6 CORPORATION ERIE, CO 80516 P.O. BOX 2500 BROOMFIELD, CO 80020 WILLIAM AND MARY ANN HABERKON 3733 WELD COUNTY ROAD 6 EDWARD A. AND ELISE P. ALAUX ERIE, CO 80516 1978 1-25 FRONTAGE ROAD ERIE, CO 80516 MARVIN AND EUNICE SNYDER 3843 WELD COUNTY ROAD 6 FREDA JUNE ERWIN ERIE, CO 80516 2040 GEORGE STREET BILLING, MT 59102 DALE AND LAUREL TINKLE 3883 WELD COUNTY ROAD 6 RAYMOND ARMSTRONG ERIE, CO 80516 701 EAST LASSER, #34 CHICO, CA 95926 JOHN AND HOLLY BOWEN 3943 WELD COUNTY ROAD 6 BEVERLEY J. COLLINS ERIE, CO 80516 2764 SOUTH GOLDEN WAY DENVER, CO 80227 GEORGE AND MARIAN KEIL 3693 WELD COUNTY ROAD 6 BETTY J. GILKINSON ERIE, CO 80516 16008 NE 26TH BELLEVUE, WA 98008 GEORGE BRENNAN MARY P. YOUNG ROBERTA A. HENSLEY 1264 MEADOWSWEET ROAD P.O. BOX 454 GOLDEN, CO 80401 RODEO, CA 94572 RONALD AND GENELL HULSTROM VIVIAN I. NELSON 2714 WELD COUNTY ROAD 7 5642 MCDONALD AVENUE ERIE, CO 80516 NEWARK, CA 94560 9 4,0886 JUNE ANN PEASE 34750 CHURCH ROAD WARREN, OR 97053 VESSELS OIL AND GAS COMPANY 8585 WELD COUNTY ROAD 4 BRIGHTON, CO 80601 HENRY AND MARJORIE RICKERS 2497 1-25 FRONTAGE ROAD ERIE, CO 80516 92089) SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING April 23, 1993 Page 3 CASE NUMBER: USR-1006 APPLICANT: Henry and Marjorie Rickers REQUEST: A Site Specific Development Plan and a Special Review permit for a Recreational Facility (Golf Driving Range) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the N2 SE4 of Section@ T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .25 miles south of Erie on the west side of I-25 and .25 miles north of Weld County Road 6. Henry Rickers , applicant, said the proposal for a golf driving range is perfect for this area. There is a natural draw with a cement ditch on the property and the area is already in grass. Access is directly from I-25 Frontage Road and is paved to the proposed driving range. Shirley Camenisch asked if they had a problem with run-off in the summer because of the natural draw. Henry Rickers said no. There is an irrigation ditch, a pond and a lake on the property that he owns. Bill O'Hare asked if he owned any other property in the area. Henry Rickers said yes, 80 acres, he has been farming since 1945 . Shirley Camenisch asked if there were any plans to continue the frontage road where it now dead ends. Henry Rickers said not in the immediate future, but if and when it is continued, it will not affect the driving range. Bill O'Hare asked if the applicant has secure water rights . Henry Rickers said yes . Bud Clemons wanted clarification about the on-off ramps from I-25 . Henry Rickers showed him on the overhead map. Bill O'Hare asked Mr. Rickers if he was in agreement with the Department of Planning Services' staff recommendation. Henry Rickers said yes. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bud Clemons stated, for the record, there were two letters sent to the Department of Planning Services opposed to this application. Henry Rickers said these letters were sent by surrounding property owners who did not understand the application. They thought he was requesting a rezoning of the property. Juliette Kroekel moved to forward Case Number USR-1006 , Henry and Marjorie Rickers, to the Board of County Commissioners with the Planning Commission's recommendation for approval. Bill O'Hare seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Shirley Camenisch - yes; Bud Clemons - yes; Motion carried unanimously. n n 9l.' A �X b�� C . r • _v BEFORE THE WELD COUNTY, COLORADO, PLANNING-COMMISSION . 1 _, RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY-COMMISSIONERS Moved by Shirley Camenisch that the following resolution, be. .introduced for passage by the Weld County Planning Commission. Be i.t_ resolved by the Weld County Planning Commission that the application for: - CASE NUMBER: USR-1006 NAME: Henry and Marjorie Rickers ADDRESS: 2497 I-25 Frontage Road, Erie, Colorado 80516 REQUEST: A Site Specific Development Plan and a Special Review permit for a recreational facility (Golf Driving Range) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the N2 SE4 of Section 21, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/4 mile south of Erie on the west side of I-25 and 1/4 mile north of Weld County Road 6. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies. The cities of Northglenn, Broomfield, and Dacono, and Adams County Planning Department have no objections to this proposal. The Town of Erie has recommended conditional approval. This is addressed in the staff' s additional comments. The proposal is consistent with the intent of the Agricultural zone district and, as a recreational facility, is provided for as a use by special review. The uses which would be permitted will be compatible with the existing surrounding land uses which include pasture, rural residences, oil and gas production, and agricultural land. The proposal will be compatible with the future development of the surrounding area. The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. • L p 930M8j VT 1J RESOLUTION, USR-1006 Henry and Marjorie Rickers Page 2 No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Bill O'Hare Judy Yamaguchi Juliette Kroekel Shirley Camenisch Bud Clemons The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for 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 April 20, 1993. Dated the 0th o April, 1993. Sharyn . Ruff Secretary 9708811 Hello