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Home My WebLink About920530.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM C-1 (COMMERCIAL) TO I-3 (INDUSTRIAL) FOR ALFRED E. AND ROZETTA J. ZIMMERMAN 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 17th day of June, 1992, at 10:00 a.m. for the purpose of hearing the application of Alfred E. and Rozetta J. Zimmerman, 1923 13th Street, Greeley, Colorado 80631, requesting a Change of Zone from C-1 (Commercial) to I-3 (Industrial) for a parcel of land located on the following described real estate, to-wit: Part of Lots 3 and 4, Union Colony, located in the NE* SW* of Section 4, Township 5 North, Range 63 West of the 6th P.M. , Weld County, Colorado WHEREAS, Alfred and Rozetta Zimmerman, applicants, were present, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Alfred E. and Rozetta J. Zimmerman for a Change of Zone from C-1 (Commerical) to I-3 (Industrial) on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. The Change of Zone plat shall be submitted to the Department of Planning Services within 15 days of approval by the Board of County Commissioners, for recording. 2. Prior to recording, the following notes shall be placed on the Change of Zone plat: a. The property shall be operated in compliance with the Weld County Airport Overlay District requirements. PL0866 920530 CHANGE OF ZONE FROM C-1 TO I-3 FOR ZIMMERMAN PAGE 2 b. The property shall be operated in compliance with the Weld County Flood Hazard Overlay District requirements. c. A site plan review is required for this site in accordance with Section 23 of the Weld County Zoning Ordinance. 3. Prior to recording the Change of Zone plat: a. The applicant shall demonstrate an adequate, legal source of water is available for the proposed uses on the property. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following�// vote on the 17th day of June, A.D. , 1992. /V �� BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY, COLORADO Weld County Clerk to the Board George Kenn y, Chairman{ BY: Deputy CClleerke d 1 Constance L. Harbert, Pro-Tem APPROVED AS y0 FORM: ` i /f. il� � /J �/ C. W. Kirb County Attorney cy W. H. Webster 920530 HEARING CERTIFICATION DOCKET NO. 92-23 RE: CHANGE OF ZONE FROM C-1 (COMMERCIAL) TO I-3 (INDUSTRIAL) FOR ALFRED E. AND ROZETTA J. ZIMMERMAN A public hearing was conducted on June 17, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy 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 April 29, 1992, and duly published May 14, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of Alfred and Rozetta Zimmerman for a Change of Zone from C-1 (Commercial) to I-3 (Industrial) . Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. Alfred Zimmerman said this request is to allow the existing business to continue with proper zoning. In response to a question from Commissioner Lacy, Mr. Zimmerman said it will be the exact same business with a new building. He said there will not be a dividing fence built unless it is mandatory, and storage will be the same as in the past. Ms. Swanson said there has not been a well permit issued yet; however, the Division of Water Resources has stated Mr. Zimmerman is eligible for one. Mr. Zimmerman said if the well permit is not issued, the alternative is to use North Weld Water which is more expensive. Ms. Swanson said the Planning Commission recommended a condition of approval stating a legal source of water be available. Mr. Zimmerman said the recommended conditions of approval are agreeable. There was no public testimony offered. Commissioner Lacy moved to approve the request of Alfred and Rozetta Zimmerman for a Change of Zone from C-1 (Commercial) to I-3 (Industrial) , based on the recommendation of the Planning Commission, with the recommended Conditions of Approval. Commissioner Lacy stated his motion is based on the fact that this business has been in existence for 12 years. The motion was seconded by Commissioner Webster, and it carried unanimously. This Certification was approved on the 22nd day of June, 1992. APPROVED: ATTEST: A e�G12 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board By: JndySrman Deputy Clerk to the Board Constance L. Harbert, Pro-Tem TAPE #92-19 C. W. Kirby DOCKET #92-23 Go . Ld cy PL0866 W. H. We st r 920530 Z`G . f ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS DAY OF 1992: DOCKET It 92-23 - COZ, Zimmerman, Alfred and Rozetta DOCKET 8 92-24 - COZ, Lind Land Company DOCKET It 92-15 - SHOW CAUSE, Picraux, Lyle and Betty DOCKET II PLEASE write or print your name legibly, your address and the DOCKET It (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING t'le r,rr[c c7 tir 4 l S7 7 G a" -I 5 2 ,sue . (iv„nai 2 raj& Wc2 /5- Q2 - 2V cot ,-„�. STS n. 44,1,L; L,a C 1 '1 `� ? 1 `/ 'Yuvo</ Ii/.1�P-1/ (-qe o i f;E�,nc,-a Oa-At, 11anes 219 t S \ G2 1 + q 2 2A G o.e- ,Q ezVf2�rz >r 77 /;)e.c i S's ) 1`,-,2 —,71 C"O.L Fr, 4 C. ÷ /kc IRc5 76 (3 W< kko cta - 3d-1 ( 6 J^ - • 77s1/ (4 q ;.7- 7u - C or7 / -1 1.d/ , C �� , 7 6%/ 9/ e. 62/7 y,-1 -:1 I/ -C_ 02 DEPARTMENT OF PLANNING SERVICES PHONE(303)356 4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 COLORADO JUN C 1YY� April 21, 1992 CASE NUMBER. tv, 72 TO WHOM IT MAY CONCERN: Enclosed is an application from Alfred E. and Rozetta J. Zimmerman for a Change of Zone from C-1 (Commercial) to I-3 (Industrial) . The parcel of land is described as part of Lots 3 and 4, Union Colony Subdivision, located in the NE4 SW4 of Section 4, 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 approximately 600 feet east of the City of Greeley; north of State Highway 263 (East 8th Street) ; 577 East 8th Street. 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 May 7 , 1992, 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. x We have reviewed the request and find no conflicts with our interests. )'\. -c cort,.A a�,cA pc o.geos k 0.ecgA`:c 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refe to enclosed letter. Signed: ! _ f,CC Agency: Date: C/r/ 9h— W r.. r✓V.. W EXh SUMMARY OF THE WELD COUNTY PLANNING COMMISSION June 2, 1992 A regular meeting of the Weld County Planning Commission was he d-June 19,9v; is in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was calle_cCaTtirder by the Chairman, Bud Clemons, at 1:30 p.m. y `^' a 7_7. D, • Tape 414 Roll Call Richard Kimmel Present Jean Hoffman Present Tom Rulon Present Bill O'Hare Absent Judy Yamaguchi Absent LeAnn Reid Absent Don Feldhaus Present Shirley Camenisch Present Bud Clemons Present Also present: Lanell Swanson, Current Planner, Department of Planning Services, Lee Morrison, Assistant County Attorney, Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on May 19, 1992, was approved as read. CASE NUMBER: Z-472 NAME: Alfred E. and Rozetta J. Zimmerman ADDRESS: 1923 13th Street, Greeley, CO 80631 REQUEST: A Change of Zone from C-1 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of Lots 3 and 4, Union Colony, located in the NE4 SW4 of Section 4, T5N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 600 feet east of the City of Greeley, north of State Highway 263 (East 8th Street) ; 577 E. 8th Street. Alfred (Pete) Zimmerman, applicant, explained the business was started in 1974. This application for a Change of Zone will be to allow the building of a shop and an office. The present zoning will not proposed uses. He explained the repair and salvage operation. He said the establishment is clean and orderly, they sterilize the ground for fire control, and have had no complaints in the last 12 years. Bud Clemons asked about screening such large equipment and Jean Hoffman was concerned about the water supply. Pete Zimmerman explained they have applied for a well permit. Lanell Swanson also explained the agreement with the State Engineer' s Office, and detailed the Recorded Exemption that took place in 1975. MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING June 2, 1992 Page 2 Don Feldhaus asked if the current piece of property should have been zoned C-3. Lanell Swanson explained it was being used as a bulk plant at the time it was originally zoned and explained the C-3 zoning allows storage but no processing or repair. She said there had been extensive discussion with the City of Greeley regarding annexation of this property. The City does not want to annex. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Don Feldhaus moved Case Number Z-472, be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval based on the compatible zoning surrounding this property. Motion seconded by Shirley Camenisch. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CASE NUMBER: Z-473 NAME: Cottonwood Water Ski Club, Ltd. c/o Norman Speak ADDRESS: 3382 Vivian Drive. , Wheatridge, CO 80033 REQUEST: A Change of Zone from I-3 (Industrial) to A (Agricultural) . LEGAL DESCRIPTION: Part of the NW4 SE4 and SW4 SE4 of Section 30, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 4, east of and adjacent to Highway 85. Steve O'Brien, consultant/representative, Cottonwood Water Ski Club, Inc. , explained the Change of Zone is to allow a recreational water ski and camping facility after gravel mining is completed. The existing I-3 zone does not allow for this use. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Jean Hoffman moved Case Number Z-473 , be forwarded to the Board of County Commissioners with the Planning Commissions recommendation for approval. Richard Kimmel seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom Rulon - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Bud Clemons - yes. Motion carried unanimously. CC16 n r BEFORE THE WELD COUNTY, COLORADO, PLANNING COMM'I'SSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNT... , TSSI-ONS(CRS ' �Q Moved by Don Feldhaus that the following resolution be introduced Ql); i8ssage by the Weld County Planning Commission based on compatibility IidhiLsu + ding zoning in the area. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Z-472 NAME: Alfred E. and Rozetta J. Zimmerman ADDRESS: 1923 13th Street, Greeley, CO 80631 REQUEST: A Change of Zone from C-1 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of Lots 3 and 4, Union Colony, located in the NE4 SW4 of Section 4, T5N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 600 feet east of the City of Greeley, north of State Highway 263 (East 8th Street) ; 577 E. 8th Street. be recommended favorably to the Board of County Commissioners with the Department of Planning Services' Conditions of Approval. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Richard Kimmel Jean Hoffman Tom Rulon Don Feldhaus Shirley Camenisch Bud Clemons The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, 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 June 2, 1992. \Q1the 4th of Jun , 19 nFRuff Secretary CONDITIONS OF APPROVAL ALFRED E. AND ROZETTA J. ZIMMERMAN Z-472 1. The change of zone plat shall be submitted to the Department of Planning Services within 15 days of approval by the Board of County Commissioners, for recording. 2. Prior to recording, the following notes shall be placed on the change of zone plat: The property shall be operated in compliance with the Weld County Airport Overlay District requirements. The property shall be operated in compliance with the Weld County Flood Hazard Overlay District requirements. A site plan review is required for this site in accordance with Section 23 of the Weld County Zoning Ordinance. 3. Prior to recording the Change of Zone plat: the applicant shall demonstrate an adequate, legal source of water is available for the proposed uses on the property. «..., 920530 INVL.iORY OF ITEMS SUBMITTED FOR CONs.OERATION Applicant: Alfred E. and Rozetta J. Zimmerman Case Number: Z-472 Submitted or Prepared Prior to Hearing At Hearing 1. Application 15 Pages X 2. One application plat 1 page 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. May 21, 1992, referral response, City of Greeley X 12. May 18, 1992, referral response, State Engineers' Office X 13. May 14, 1992, referral response, West Greeley Soil Conservation District X 14. May 14, 1992, referral response, Weld County Engineering Department X 15. May 1, 1992, referral response, Environmental Protection Services X 16. April 29, 1992, referral response, Environmental Protection Services X 17. April 28, 1992, referral response, Western Hills Fire Protection District X 18. April 28, 1992, referral response, Colorado Department of Transportation X 19. April 29, 1992, referral response, Board of County Commissioners Resolution granting preadvertisment X 20. Board of County Commissioners Notice of Public Hearing X 21. May 8, 1992, letter of objections from William S. Howard X 22. Planning Commission Sign Posting Certificate X 920530 I Cxh0 E INVENTORY OF ITEMS, L-472 Alfred E. and Rozetta J. Zimmerman Page 2 Submitted or Prepared Prior to Hearing At Hearing 23. April 21, 1992, letter to applicant from Lanell X Swanson 24. April 1, 1992, letter to applicant from Chuck X Cunliffe 25. April 23, 1992, letter to applicant from Lanell X Swanson 26. Department of Planning Services Conditions of X Approval I hereby certify that the 26 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 June 5, 1992. r nt P1 STATE OF COLORADO ) COUNTY OF WELD , ' , e SUBSCRIBED AND SWORN TO BEFORE ME THIS 4* day of 1 19(]-/497-1 SEAL L/ P NOT Y PUBLI My Commission expires November 21,1995 My Commission Expires ‘#uv� o O^ t. ` 0 .... -'q ,flr„r :920530 EXHIBIT INVENTORY CONTROL SHEEP Case £oz C d. d P° #a - Exhibit Submitted By Exhibit Description 4/97 A. yinaLiiti7LCIAJ Xa2tiA) Al.p_mtLft8 .a.d- /a9 B. &.02.,,,p. tv &IAA YY'...uinho A : ,thatt.4.4,2j, ALA 44, c• tb & M_ ` )(ti i Lie,0A11( 6/1 D. Nbc.le / ^R 02, /6ao )U Akruz, u/5 E. PACuurti-ruHe5 stag )1_1)Le_41.-67121. LitchtoAkmuttri-- (P/5 F. �� CirrnityuziliArK}— B-t4fitc.e-r+.1 PlAinileantowary\-) 44-hi-KJ/LT 6/8 H. ,t L&Q f/i (1,c . s t A_ I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. r Z. 92053O Date: June 2, 1992 CASE NUMBER: Z-472 NAME: Alfred E. and Rozetta J. Zimmerman ADDRESS: 1923 13th Street, Greeley, CO 80631 REQUEST: A Change of Zone from C-1 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of Lots 3 and 4, Union Colony, located in the NE4 SW4 of Section 4, T5N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 600 feet east of the City of Greeley, north of State Highway 263 (East 8th Street) ; 577 E. 8th Street. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: The proposal is not consistent with the Urban Growth Boundary Goals and Policies as set forth in the Weld County Comprehensive Plan. Land-use development proposals within an urban growth boundary can only be encouraged if they conform to the desires of the municipality as expressed by its land- use decision making body. The City of Greeley Planning Commission has stated in its May 21 referral response that it could only recommend approval of the least intensive zoning which would allow the pump repair business without the tank sales. Because the applicant requires outside storage for the tank sales portion of the business, I-3 (Industrial) is the only County zoning which would be appropriate for the proposed use. The City of Greeley Planning Commission further stated that neither the proposed rezoning nor the proposed land use complies with the City of Greeley's Comprehensive Plan. - The uses which would be allowed on the property by granting the change of zone would not be compatible with the surrounding land uses. The intent of the I-3 (Industrial) zone district is to provide a zone to accommodate industrial uses which may create adverse visual impacts for adjacent uses. Such uses require locations relatively isolated from other land use types. All of the potential uses which could be allowed in the I-3 (Industrial) zone district would not be compatible with the C-1 (Commercial) zoning to the north, nor with the C-3 (Commercial) zoning to the west of this property. C-1 (Commercial) zoning allows for uses that minimize undesirable impacts on the neighborhood. The C-3 (Commercial) zone district uses are also intended to be located, designed and operated in a manner that minimize the undesirable impacts on the area in which they are located. The high-impact type uses allowed with I-3 (Industrial) zoning would not be compatible with the existing commercial zones in the neighborhood. 920530 ADDITIONAL COMMENTS Alfred E. and Rozetta J. Zimmerman Z-472 Included in the land-use application summary sheet is a referral letter from the State Engineer's Office, Division of Water Resources. The letter states that the availability of a commercial well permit is subject to a condition that the property has not been previously subdivided or exempted since 1972. Since this property was divided by a Recorded Exemption in 1975, it was the staff' s understanding that a well permit would not be available to the property. Further discussions with the State Engineer' s Office have provided information that a well permit would be available if this 1.59 acre parcel was exempted one time only since 1972, and if the other conditions could be met. The staff has requested a letter from the State Engineer's office to this effect. 920530 WATER RES . TEL :303-866-3589 Jun 01 92 11 :29 No .005 P .01 Milos State Enginrcr 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver,Colorado 80203 (303)866-3581 FAX(303)886-3589 May 18, 1992 Ms. l.anell J. Swanson Weld County Department of Planning Services 910 10Th Street Greeley, CO 80631 Re: Zimmerman(]range of Zoning, 7.-472 SW1/4 Sec. 4,T5N, R65W, 6TH PM W. Division 1, W.District 3 Dear Ms. Swanson: This letter is to provide additional information related to the above referenced application to change the zoning of an 1.59 acre parcel to allow a shop and office building. No information was provided on the projected water requirements, The City of Greeley has indicated they can provide water service to the property,however the property would have to be annexed prior to service. The narrative materials indicate that a well will be constructed on the property. We may be able to issue an a permit for an exempt commercial well for the this lot if the applicant can document that the lot was created prior to June 1, 1972, or was created as a one time split from a pre June 1, 1972 parcel. The availability of a well permit and our recommendation for approval is subject to the following conditions: 1. The property is a pre June 1, 1972 parcel or was created as a one time split from a pre June. 1, 1972 parcel. 2. The well permit which will be available will be limited to use for drinking and sanitary purposes inside one commercial business. The pumping rate is limited to 15 gallons per minute and annual diversions are limited to 1/3 acre foot of water. I'lat notes and covenants should reflect this limitation. 3. 'The applicant does use the city sewer system for waste water disposal as stated in the application. We have no objection to the proposal with the City of Greeley as the water supplier if the conditions imposed by the city can be met. We have no objection to the proposal based on a well as the water supply if the limitations on well use are satisfactory to the applicant and the conditions stated above, for obtaining a permit can be met. If you have any questions in this matter, please contact me. Sincerely, JaNt) SjAdtit John Scharer, P.E. Senior Water Resource Engineer JS/zimmer2 cc: Alan Berryman, Division Engineer Bruce DeBrine JUN 1 ' 92 11 : 26 303 866 3589 PAGE . °01 920530 LAND-USE APPLICATION SUMMARY SHEET Date: May 26, 1992 CASE NUMBER: Z-472 NAME: Alfred E. and Rozetta J. Zimmerman ADDRESS: 1923 13th Street, Greeley, Colorado 80631. REQUEST: A Change of Zone from C-1 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of Lots 3 and 4, Union Colony, located in the NE4 SW4 of Section 4, T5N, R63W of the 6th P.M. , Weld County Colorado. LOCATION: Approximately 600 feet east of the City of Greeley, north of State Highway 263 (East 8th Street) ; 577 E. 8th Street. SIZE OF PARCEL: 1.595 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 responses from the following referral entities: 1. West Greeley Soil Conservation District 2. Weld County Engineering Department 3. Weld County Health Department 4. Western Hills Fire Protection District 5. State of Colorado, Department of Transportation One objection has been received from a surrounding property owner. 9 530 :Ii:� n.a .t. ... e.• ... \ 'PI 10 .L. SI z:t . .2. I ciS _] •, S i 0 �,\•^ 21 •I. ) ,• L • i] ,, p// : II• A ,` x, •1 �:\:•I jcUri`\`•r• i • • U• . / .: T / //oN P a,F 7 " • • tl • • Li ciwz • \ ',— �.-. . .'.. •F: •I A elm q7 aSI g w •1 N�c 1.T yj 1tlXF. '• ,t -,J-, • ~• !• - aoo1itwi r �_ - a..:a•�:��. I•.. 171 : --"\5--. I' 't.I.I.c.ri . l' ?"7-; 11 Krop:x 5 \,...,-,___../T-1 1•, -•- `e.T� z• 1] <�1 i? 1L_:2'• a ^•I G. < .z L I1 }t5 'n1� as IC • G ; • , 1 ] ] r • pe „ 're v i i peaa J '-=-. .-,. _ �on � °` ]�— .line "� .� •' , • - Mart / L III ___ \•_ •r•—"_ t 4� . / • f K O I�. 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I r 1 14I liar tot 11 " I 1 -4 / • I IL 1 I / w+.3;" ill ,II I , 'r l ry 21 . w, 22 L, 1�ry l/ 2O� µr , pry I ,• a7I4 I I �� I�ar e3° J .I e i x. , y S I 1 t. k „„ . .i ) *"x 4- k ,p x . x two a` s k fi 44,. .yid" - K' „V' ' " t,. N /err 4 I • 8iIli: , e „.rx * '4 . t :.n d.r h' za' -� �r *+x � ... Mfr f • O29 / 1'' t W Se Irjh '. .g,.,* 414, t @� . .•f " �►Tic",, r s" ��023� x .r`_ oa 7 ... Z • ". j � �,�s.•a. as'7p/ > , a,•. p nal' -pr P •r` 1 ffi ,tx ., fl #eJ d „Ft* {"„ • .: r �. i• w.' 1 �, `° h r : rr a, ttfF, 1 t .'7,. ,✓a „ . ) r� * *00 f ,. vat f « " .r P. ad• " " .'s w .. ' ;fir �1 � s` x_'' !` A •r Mr^. 8 �• g i 1-" t • . .r+ a } `t #1 OP , 'A;. \ �14* Y � t "'Y�•A^ �� ... ^ f .w' $tA`wI e ti % . 1, ' N i rte,, t •e$ It �•• x t , 1 4'.t :+yd' ' ri*. 4's '-' * " l ` ° .. : I +. „ a7`k.. . ti y F1 kx $TT t 1 I^6 . A Y w �b � � essour- DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 C. COLORADO April 23, 1992 Pete Zimmerman 1923 13th Street Greeley, CO 80631 Dear Pete: Enclosed is information regarding the preadvertisement procedure on land-use applications. Preadvertising your case before the Board of County Commissioners meeting could expedite the County' s process. If you decide to preadvertise, give me a call and I will go over these procedures with you. Thank you. Very truly yours, Lanell J. Swanson Current Planner LJS/sfr Enclosure 920530 FIELD CHECK FILING NUMBER: Z-472 DATE OF INSPECTION: April 30, 1992 APPLICANT'S NAME: Alfred E. and Rozetta J. Zimmerman REQUEST: Change of Zone from C-1 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of Lots 3 and 4, Union Colony, located in the NE4 SW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: 577 East 8th Street LAND USE: N Vacant land, 1 residence E Meat packing plant S Livestock confinement operation W Oil company ZONING: N C-1 (Commercial) E I-3 (Industrial) S City of Greeley I-2 (Industrial) W C-3 (Commercial) COMMENTS: Access is from east 8th Street (Colorado State Highway 263) which has 150 feet total right of way. The site is in gravel, is fenced with a chain link fence and has a temporary construction trailer on it, as well as some oil tank storage. The property is not landscaped and is in the floodplain. 2 ur ent Partr 920530 REFERRAL LIST NAME: Alfred E. and Rozetta J. Zimmerman CASE NUMBER: Z-472 REFERRALS SENT: April 21, 1992 REFERRALS TO BE RECEIVED BY: May 7, 1992 COUNTY TOWNS and CITIES Attorney _Ault ✓ X Health Department ____Brighton Extension Service _ _ Broomfield _Emergency Management Office _Dacono Sheriff' s Office ____Eaton X Engineering _Erie Housing Authority ____Evans X Airport Authority ____Firestone Building Inspection _Fort Lupton Frederick STATE _Garden City i X Division of Water Resources Gilcrest _Geological Survey X Greeley Department of Health Grover X Highway Department Hudson _Historical Society _Johnstown Water Conservation Board ____Keenesburg 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 Corps of Engineers _Windsor/Severance F-17 USDA-APHIS Veterinary Service Wiggins F-18 ____Federal Aviation Administration X Western Hills 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 ' X Greeley _Longmont West Adams COMMISSION/BOARD MEMBER X Don Feldhaus 926530 OF'CO44. 41 tsv°0 ROY ROMER HAROLD (HAL) D.SIMPSON � ��" � ' Governor `n � ) O Acting State Engineer ro 41876 OFFICE OF THE STATE ENGINEER U DIVISION OF WATER RESOURCES Ifni 1313 Sherman Street-Room 818 di IVO p Denver, Colorado 80203 v /992 / (303) 866-3581 kid FAX[303] May 188199289 L %g9^r7p�a"I Ms. Lanell J. Swanson Weld County Department of Planning Services 910 10Th Street Greeley, CO 80631 Re: Zimmerman Change of Zoning, Z-472 SW1/4 Sec. 4, T5N, R65W, 6TH PM W. Division 1, W. District 3 Dear Ms. Swanson: We have reviewed the above referenced application to change the zoning of an 1.59 acre parcel to allow a shop and office building. No information was provided on the projected water requirements. The City of Greeley has indicated they can provide water service to the property, however the property would have to be annexed prior to service. The narrative materials indicate that a well will be constructed on the property. In general new well permits for commercial use cannot be issued in this area without a Water Court decreed plan for augmentation. We may be able to issue an a permit for an exempt commercial well for the this lot if the applicant can document that the lot was created prior to June 1, 1972. The availability of a well permit and our recommendation for approval is subject to the following conditions: 1. The property has not been previously subdivided or exempted since 1972. 2. The well permit which will be available will be limited to use for drinking and sanitary purposes inside one commercial business. The pumping rate is limited to 15 gallons per minute and annual diversions are limited to 1/3 acre foot of water. Plat notes and covenants should reflect this limitation. 3. The applicant does use the city sewer system for waste water disposal as stated in the application. We have no objection to the proposal with the City of Greeley as the water supplier if the conditions imposed by the city can be met. We have no objection to the proposal based on a well as the water supply if the limitations on well use are satisfactory to the applicant and the conditions stated above, for obtaining a permit can be met. If you have any questions in this matter, please contact me. Sincerely, \1641,404.1 te-CS Itio%00/ John Schurer, P.E. Senior Water Resource Engineer JS/zimmer cc: Alan Berryman, Division Engineer Bruce DeBrine 920530 A /( COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley May 21, 1992 HAND DELIVERED Lanell J. Swanson, Current Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Weld County Case Z-472 Dear Lanell: The Greeley Planning Commission, at its regularly scheduled meeting on May 12, 1992, considered the application by Alfred E. and Rozetta J. Zimmerman for a change of zone from C-1 (Commercial) to I-3 (Industrial) . The Greeley Planning Commission determined in a 7-0 vote that neither the proposed rezone nor the proposed land use complies with the City of Greeley Comprehensive Plan. The Greeley Planning Commissions determined that the request for the I-3 zone and the proposed tank storage use does not comply with the Comprehensive Plan as the I-3 use allows and the request proposes high-impact uses. The Commission found that the proposed tank storage was high-impact both visually and in terms of safety since there is a high risk of explosions. The Commission felt that such a high impact is not compatible with an urbanized area. The Commission felt that the issue of existing and potential compatibility of the purposed rezone and land use is of critical importance because: (1) the site is located on a major thoroughfare within the Mid-Range Expected Growth Area and adjacent to the City of Greeley on two sides; (2) the site is in an urbanized area that can currently be integrated into the city; and (3) the proposed use is both dangerous and high-impact and may significantly deter future commercial business development along the East 8th Street corridor. It was determined that the pump repair business constitutes approximately 98% of the Zimmerman business and the sale of tanks constitutes approximately 2% of their business. The Planning Commission has no objection to the pump repair business. Therefore, the Planning Commission further recommended that the sz0C30 Lanell J. Swanson May 21, 1992 Page Two Weld County Planning Commission consider the approval of the least intensive zoning that would allow the Zimmerman pump repair business without the tank sales. Thank you for the opportunity to review and comment on this item. If you have any questions please feel free to contact me. Sincerely, r-7 7 41 I 4- Greg Tebbe Plan er II 920530 • t1 =4. 1) DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 � 91510th STREET GREELEY,COLORADO 80631 I Ago, 1992 C. COLORADO la�aDing April 21, 1992 CASE NUMBER: Z-472 TO WHOM IT MAY CONCERN: Enclosed is an application from Alfred E. and Rozetta J. Zimmerman for a Change of Zone from C-1 (Commercial) to I-3 (Industrial) . The parcel of land is described as part of Lots 3 and 4, Union Colony Subdivision, located in the NE4 SW4 of Section 4, 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 approximately 600 feet east of the City of Greeley; north of State Highway 263 (East 8th Street) ; 577 East 8th Street. 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 May 7, 1992, 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. v 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: lT i /1/)/2:071,74-4-7 Agency: /rJ ��y,c,;Z sc_7 Date: ../i ce �� 332 / 70—Hs it DEPARTMENT OF PLANNING SERVICES ^ft PHONE(303)356-4000,EXT.4400 ' REQ./tit.,yAPR 2 2 9992 GREELEY,COLORADO 80631 915 10th STREET .._ COLORADO MAY 1 ? 199 2 • Weld Co April 21, 1992 t°n �� i nq wnJa ivri uDnx: G-4/1 TO WHOM IT MAY CONCERN: Enclosed is an application from Alfred E. and Rozetta J . Zimmerman for a Change of Zone from C-1 (Commercial) to I-3 (Industrial) . The parcel of land is described as part of Lots 3 and 4, Union Colony Subdivision, located in the NE4 SW4 of Section 4, 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 approximately 600 feet east of the City of Greeley; north of State Highway 263 (East 8th Street) ; 577 East 8th Street. 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 May 7, 1992, 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. T 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: itual,P Agency: usjiwu, co . £/V'E • DEPT, Date: S. qt. 320530 fay/‘ MEMORAnDUM WII!DC To Weld County Planning Data May 1, 1992 COLORADO From John Pickle, Director, Environmental Protection ServicesC 2 i SubjectCase Number: Z-472 Name: Zimmerman, Alfred & Rozetta Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. The Division requires that this facility utilize the existing municipal sewer treatment system. 2. Applicant must provide a potable water supply for the public. A public water system or an approved well is acceptable. JSP/cs-876 \\9� 0 ot\#10 920530 ''i mEmORAnDUm WilkTo Weld County Planning Date April 29, 1992 COLORADO From John Pickle, Director, Environmental Protection Service. Subject Case Number: Z-472 Name: Zimmerman, Alfred & Rozetta Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 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. Fugitive dust shall be controlled on this site. 4. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 5. A bathroom with adequate toilet facilities is required for the proposed facility. 6. The Division requires that this facility utilize the existing municipal sewer treatment system. 7. A dust abatement plan shall be submitted to the health department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. 8. Applicant must provide a potable water supply for the public. A public water system or an approved well is acceptable. JSP/lam-821 Iv APR 3 0 1992 II CJ Weld County Planning 920530 ,�� 4 1992 DEPARTMENT OF PLANNING SERVICES Alm Weld County Planning PHONE(303)356-4000,EXT.4400 915 10th STREET 11119 GREELEY,COLORADO 80631 C COLORADO April 21, 1992 CASE NUMBER: Z-472 TO WHOM IT MAY CONCERN: Enclosed is an application from Alfred E. and Rozetta J. Zimmerman for a Change of Zone from C-1 (Commercial) to I-3 (Industrial) . The parcel of land is described as part of Lots 3 and 4, Union Colony Subdivision, located in the NE4 SW4 of Section 4, 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 approximately 600 feet east of the City of Greeley; north of State Highway 263 (East 8th Street) ; 577 East 8th Street. 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 May 7 , 1992, 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. V 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: A 1 krA Ac ,) Agency: (A\),,ln.en Date: _ox-iZ- 920530 `1 «5-(;: STATE OF COLORADO A! �&Y1sa F 13 HWAYS ,"+0, F' x„ P.O. O.. J z N6= Y...._ -... rnvfla I do 80632-0850 * ,. r (303) 353-1232 ��:p, 8z %":4.0„COV Weld Co. , S.H. 263 Zimmerman Zoning April 28, 1992 Change for 577 East 8th Street, Greeley Ms. Lanell Swanson, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the application for zoning change submitted by Zimmerman, and we have the following comments: Projected traffic on S.H. 263 indicates the need for a 150 foot total right of way, 75 feet each side of the highway centerline. Since the existing width along this property is apparently 40 feet north of the centerline, additional width to meet the projected need should be protected by reservation or, preferably, dedication, as permitted by County regulations. Direct access to the state highway may continue to be obtained using the existing access only until such time that there is a change of use of the property that causes a 20 percent increase in the volume to traffic using the access. At such time that there is such a change of use of the property, an access permit must be obtained from this office. That permitted access must be in reasonable conformance to the State Highway Access Code. If there is development of the property beyond that of the current development, the owner is reminded that the highway drainage system is for the protection of the state highway right of way and is not intended to accommodate drainage from abutting properties beyond that which has historically been accepted. Therefore, we ask that on site detention of surface run-off be provided so that the historical run-off rate will not be exceeded due to the development. Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, Evan A. Hoo er, r. Development/Access Coordinator EAH/cm cc: L. D. Yost pr� G. E. Sisson 920530 File DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET I10- GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, June 2, 1992, at 1:30 p.m. to review a request for approval of a Change of Zone from C-1 (Commercial) to I-3 (Industrial) . The parcel of land is described as part of Lots 3 and 4, Union Colony Subdivision, located in the NE4 SW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado, containing 1.595 acres, more or less. The property is located approximately approximately 600 feet east of the City of Greeley; north of State Highway 263 (East 8th Street) ; 577 East 8th Street. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 2, 1992. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Bud Clemons, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by May 22, 1992. Received by: Date: 920 • • STATE OF COLORADO ) COUNTY OF )s's' WELD ) David D. Reynolds, being duly sworn, Says that he is publisher of The New News, a weekly newspaper published in K burg in said County and State; that said newspaper has a general circulation in said County and has been CGntinous Y and uninterruptedly - Publis:.rd therein, during a period of et least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the ?MICE oF PUBLIC HEARING act of the G - 1 Assembly Ile wed uct arbu lac Ca ri grat State of Colorado of t wW rondun a obit hearing a to regulate the �' entitled "An Act '11dar,al e:ratt:aoa�aa printing of legal ah( aagea rat groin C-1 notices and advertisements, " and � dtai lde mbsdi )' d amendments thereto; that the notice • lab a and 4,Maxi colony"auu S4 y(1r/!YI YC s eA ,W4 It of which the annexed is a printed y, C a vM., County, Colorado, containing 1 was, more or �. ne i copy taken from said newspaper, wasthilnya d°"b swe published in said newspaper, �", �a `); In public and in htig to be l br t the regular and entire issue of �,ua�y Plenag Cmma a" every number thereof , w cw siderata or ue abavn mlwwed win be a.duc+m h tlae tag dyl commissiW W 1 Iie,ri�g Ram FFusl Floor YINd once a week Tor I �� ' T'�' fneeler. Colaaao. a aua'e successive weeks; that said notice o Weld a bessubmittedin we% wa► so published in said newspaper p sCaadv DemM proper and not in any supplement ntownie ahGoe dafe cdorado W lit thereof, and that the first mot° •June 2,ral Cum a[Ue Roon a avail* pool =cation oY said notice as �` nthe Vigli aforesaid, was on the �e`°a '�' T� _� Greek",Colorado n-Phae pp y day Of �l.,.f - 1 C �yya'll ,�Cannu�m 1 9 9 a- publjrboished m', New News • are (1) by 4i,' and the last on the i 17e New NewsAOs � day of 9 `(fie. Subscribed and sworn to before AlM 11.-199 - ,, 01 2 , me this day of --'---. `� Weld Co:.- r Plaarinn 19_`x. EA*" march 15, 1996 commission E 920530 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-472 for Alfred E. and Rozetta J. Zimmerman in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 24th day of April, 1992. 920530 40 Stiff It4r. DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. COLORADO TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: Z-472 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 2, 1992, 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: Alfred E. and Rozetta J. Zimmerman FOR: A Change of Zone from C-1 (Commercial) to I-3 (Industrial) . LEGAL DESCRIPTION: Part of Lots 3 and 4, Union Colony Subdivision, located in the NE4 SW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 600 feet east of the City of Greeley; north of State Highway 263 (East 8th Street) ; 577 East 8th Street. 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. 920530 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNERS Alfred E. and Rozetta J. Zimmerman Z-472 W.S. Howard and George T. Ashen 1000 S. Geneva Street Denver, CO 80222 Webster Land and Cattle Co. P.O. Box 1850 Greeley, CO 80632 Robert 0. and Doris F. Brack 206 Bowen Street Longmont, CO 80501 Midexco Construction Inc. 417 E. 8th Street Greeley, CO 80631 Robert D. Francis P.O. Box 1608 Greeley, CO 80631 Karl and Ranate E. Kohlhoff 701 Balsam Ave. Greeley, CO 80631 Angel and Carmen V. Juanicorena 735 Balsam Avenue Greeley, CO 80631 Frank Hoffman and Faye E. Carlson 625 E. 18th Street Greeley, CO 80631 W.S. and Fern A. Howard #106 Livestock Exchange Building 4701 Marion Denver, CO 80216 Cox Oil Company 1035 34th Street Greeley, CO 80631 City of Greeley 919 7th Street Greeley, CO 80631 920530 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # W.S. Howard & 1,000 S. Geneva St. George T. Ashen Denver, CO 80222 0961-04-0-00-047 P.O. Box 1850 Webster Land & Cattle Greeley, CO 80632 0961-04-0-00-061 Webster Land P.O. Box 1850 & Cattle Co. Greeley, CO 80632 0961-04-3-02-032 Robert 0. & 206 Bowen St. Doris F. Brack Longmont, CO 30501 0961-04-3-02-026 417 E. 8th St. Midexco Construction Inc. Greeley, CO 80631 0961-04-3-01-015 P.O. Box 1608 Robert P. Francis Greeley, CO 80632 0961-04-3-01-011 Karl & Ranate E. 701 Balsam Ave. Kohlhoff Greeley, CO 80631 0961-04-3-01-027 Angel & Carmen V. 735 Balsam Ave. Juanicorena Greeley, CO 80631 0961-04-3-01-026 Frank Hoffman & 625 E. 8th St. Faye E. Carlson Greeley, CO 80631 0961-04-3-01-029 W.S. & Fern A. 1106 Livestock Exch. Bldg. Howard 4701 Marion, Denver, CO 80216 0961-04-3-01-028 1035 - 34th St. Cox Oil Company Greeley, CO 80631 0961-04-3-01-023 919 - 7th St. City of Greeley Greeley, CO 30631 0961-04-0-00-048 920530 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Being a part of Lot 4, SE/4, SW/4, Sec 4, T5N, R65W SATE 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 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, 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 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this 24th day of February , 19 92 , by Alfred E. Zimmerman WITNESS my hand and official seal. My Commission expires: Feb. 6, 1993 e° Notary Public 920530 R(wi- PT C`. & LAW ' S L . I:i,:\Ch RUI.I'U'F (1. tt [_)C H :S f . !',Rath 09, I -04- 1-02-02 >IARt 1 . RLLVFS Rui:;Trr ri( (F:•rI-Cr 1). FI \\(:: S (1t)t' --04- -il] -1}.11 (':11:k;F:.\ . 7LNN f CORFN 1 N(;IF.. ('I.R4f.% (':ORDilN A. ''i.•\S ' .1ACF; D. & f,OC ISI I . ) TES ‘I..ilF'\;`O t.:USI'1;Ut"1LO.`v , (\(:'. .. f't)\STI2I::''I' Io\ , T\'C . 461 -04- :-0I -0 : i.\R\' E . JOilt•q C"( >;. (i I L cl)'!i';V+ , !.1' t: I -i.) - '•).1--0—'. ''111:`x' RI1-'\FS 1 I::RN .l . HOWARD N. .. . . F l'R\ :1 A. 11` '‘?crt I . Ri:i-i;i•ti I, 11 is RI\AT L_ I:. . hi)FIL,F)(.)FF I;;lRL '\ kf \:1T F. t_ . G(►E D(!:\ A . N!1'$t7\. .J:1('T; D. & LJ' ' SI i . S li 5R \\k Ian 1' F`i:1\ & F •1`F I . C'.\RLSt)N I I(:V h 11OF L M.',\ F, f A }:' £' . -(1. - . -9-1 -U_''3 Ml:\EtlV E . RI•:Fr'5 ( ` OF (;f{F:i• I.E\ cI`f'): (;t.: i;iO E•L.).\' (}qh I -t). -(}-(1O-043 . � , I?(?(.v:\RD (.;1(1)t ;h T . _\ 1}F\ K. S . f-1(, '*lA)'•D t. ( 1 , *(.,1 1 i'. \ q & ' -04-0-00- 47 '•\TF:; -).`r I.A \I) .-\NF) (':\TT.Ltf CO. ilif;STFR .1 NA.i', .`,;;'' (~\TI'S.'. ('cu . 0'1(7 ( - 14-Il-lift-011 Nt\Irl- F . Rt F t S O96I.-()4- (12-()':2 920530 AFFIDAVIT CF INTEREST OWNERS MINERALS AND/OP SUBSURFACE Application No. Subject Property Being a part of Lot 4, SE/4, SW/4, Sec 4, T5N._ R65W STATE OF COLORADO 1 ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals 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, from an ownership update from a title or abstract company, or an attorney. �QYff�✓��i!��l�Y�� The foregoing instrument was subscribed and sworn to before me this 24th day of February 19 92 , By Alfred E. Zimmerman WITNESS my hand and official seal. My Commission expires: Feb. 6, 1993 X11. Notary Public 920530 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. COLORADO April 1, 1992 Mr. Pete Zimmerman Z&M Pump and Equipment Service 577 East 8th Street Greeley, CO 80631 Dear Mr. Zimmerman: Thank you for your letter of March 26. The Board of County Commissioners has approved your request to issue an electrical permit for the 12' x 40' temporary office trailer prior to considering the rezoning of your property. The Board's approval is conditional upon the following: 1. You will submit a completed rezoning application on or before June 1, 1992. 2. All activities and construction conducted on the property is at your own risk; 3. The only permitted work is that work which is described on the issued electrical permit; 4. All construction shall be in accordance with the requirements of the Weld County Building Code Ordinance; and 5. You will comply with any other County, State, or Federal requirements which may apply to the use of the property. 6. The temporary office building shall be removed from the property if you fail to submit the rezoning application on or before June 1, 1992. If you have any questions about this matter, please call me. Sincerely, Chuck Cunliffe, AICP Director pc: Board of County Commissioners r � 0 920s� 11 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 I 91510th STREET GREELEY,COLORADO 80631 11C. COLORADO April 21, 1992 Alfred E. and Rozetta J. Zimmerman 1923 13th Street Greeley, CO 80631 Subject: Z-472 - Request for a Change of Zone from C-1 (Commercial) to I-3 (Industrial) on a parcel of land described as part of Lots 3 and 4 , Union Colony Subdivision, located in the NE4 SW4 of Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Zimmerman: 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 June 2, 1992, 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 located 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 May 20, 1992, you or a representative should call me to obtain a sign to be posted on the site no later than May 23, 1992. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 920530 Alfred E. and Rozetta J. Zimmerman April 21, 1992 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, � c.cC 21wC v✓.io--�- Lanell J. Swanson Current Planner LJS/sfr 920p PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # Z472 THE SIGN WAS POSTED BY: Hanging on fence bordering south side of property. Alfred E. Zimmerman NAME OF PERSON POSTING SIGN S PLICANT STATE OF COLORADO 1 ss. COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS nth DAY OF Anri1 19 _22._. SEAL OTARY PUBLIC MY COMMISSION EXPIRES Feb. 6, 1993 LAST DAY TO POST SIGN IS! -22/k7 19q 320530 y iiii?, n,q, 0,2v07, r MAY 1 '' 1992 L.__ [4/cic+ros,. • j;a ::a 320530 COLoN ROY ROMER ��' - d�, Governor iv' O'I HAROLD (S t E gineerSIMPS N � * Acting State Engineer 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 FAX[303] 866-3589 May 18, 1992 Ms. Lanell J. Swanson Weld County Department of Planning Services 910 10Th Street Greeley, CO 80631 Re: Zimmerman Change of Zoning, Z-472 SW1/4 Sec. 4, T5N, R65W, 6TH PM W. Division 1, W. District 3 Dear Ms. Swanson: This letter is to provide additional information related to the above referenced application to change the zoning of an 1.59 acre parcel to allow a shop and office building. No information was provided on the projected water requirements. The City of Greeley has indicated they can provide water service to the property, however the property would have to be annexed prior to service. The narrative materials indicate that a well will be constructed on the property. We may be able to issue an a permit for an exempt commercial well for the this lot if the applicant can document that the lot was created prior to June 1, 1972, or was created as a one time split from a pre June 1, 1972 parcel. The availability of a well permit and our recommendation for approval is subject to the following conditions: 1. The property is a pre June 1, 1972 parcel or was created as a one time split from a pre June 1, 1972 parcel. 2. The well permit which will be available will be limited to use for drinking and sanitary purposes inside one commercial business. The pumping rate is limited to 15 gallons per minute and annual diversions are limited to 1/3 acre foot of water. Plat notes and covenants should reflect this limitation. 3. The applicant does use the city sewer system for waste water disposal as stated in the application. We have no objection to the proposal with the City of Greeley as the water supplier if the conditions imposed by the city can be met. We have no objection to the proposal based on a well as the water supply if the limitations on well use are satisfactory to the applicant and the conditions stated above, for obtaining a permit can be met. If you have any questions in this matter, please contact me. �v Sincerely, � / to c , Q , ,w) JUN 0 31992m:47 Planning John Schurer, P.E. Senior Water Resource Engineer JS/zimmer2 cc: Alan Berryman, Division Engineer Bruce DeBrine REZONING APPLICATION Case # Weld County, Colorado Dept. of Planning Services App. Ch'd By: Date Rec'd: 915 10th Street App. Fee: Receipt #: Greeley, Colorado 80631 Record. Fee aU Receipt #: 7J, 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: A parcel of land being all that part of Lot 3 and Lot 4 of the NE4 of the SW4 of Section 4, Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld County Colorado, according to the Subdivision of Lands by the Union Colony of Colorado. (If additional space is required, attach an additional sheet) Property Address (if available) : 577 E. 8th St . , Greeley, CO PRESENT ZONE C-1 PROPOSED ZONE I-3 TOTAL ACREAGE 1 . 595 OVERLAY ZONES N 1„ o rai o- /2, , _ __ ut- SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Alfred E. & Rozetta J. Zimmerman Home Telephone #: 353-3377 Address: 1923 — 13th St . Bus. Telephone #: Greeley, CO 80631 Name: Home Telephone #: Address: Bus. Telephone #: Name: Home Telephone #: Address: Bus. Telephone #: Applicant or Authorized Agent (if different than above) : Name: Home Telephone #: Address: Bus. Telephone #: Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Alfred F. & Rozetta J. Zimmerman Address: 1923 — 13th Street, Greeley, CO 80631 Name: Mary E. Reeves Address: 2407 — 18th St . , Greeley, CO 80631 Name: Address: I hereby depose and state under the penalties of perjury thatla) statements, proposals and/or plans submitted with or contained wild "�t1} , c�4t, .1 are true and correct to the best of my knowledge. ' "� APR r ; 1992 COUNTY OF WELD ) Ei w i STATE OF COLORADO ) ature caner or Authorized Agent Subscribed and sworn to before me this 17th day of April , 19 92 . SEAL Ng_klAilee-fZ F NOTARY PUBLIC My Commission expires: Feb. 6, 1993 920530 STATEMENTS REZONING CONSISTENCY With the exception of the property to the North, the subject property is inconsistent with the zoning of the surrounding properties . This property is bounded by I-3 on the east and south, C-3 on the west, and C-1 on the north. This property is bounded by 49% 1-3, 30% C-3 and 21% C-1 . It appears that this area is leaning toward an indus- trial zoning due to its proximity to Highway 85 By-Pass . PROPOSED LAND USE COMPATIBILITY The zoning requested for this parcel will be consistent with the surrounding zoning to the extent that it will not detract from the uses that presently exist. The petroleum bulk plant on the west boundary of this property will be the most compatible by appearance. The property to the east is a meat packing plant. The property to the north is residential-agriculture with typical farm homes on grassland. The property on the south is a commercial feedlot. This property will contribute no odor, noise, or unsightly structures or objects that might be found objectionable by existing residents or passing motorist. WATER AND SEWER UTILITIES This property will utilize public utilities (city sewer) . Water to supply new shop and office building will be from a well drilled on the property. If city water facilities become available later, we will hook on at that time. COMPATIBILITY OF SOILS WITH PROPOSED USE The contents of this statement are referenced totally to data ex- tracted from the "soil survey of Weld County, Southern Part" as pub- lished by the United States Department of Agriculture Soil Conser- vation Service and issued September of 1980 . This property is located in Area 3 as shown on sheet Number 8 of the maps provided by the S.C.S. , and is stated as being a part of nearly level, poor to somewhat excessively drained sandy loam, as would be deposited by flowing water along a river. The topsoil is predomi- nately soils that have been gathered and formed by water movement over the past years. This topsoil has a mildly to moderate alkaline clayey loam structure. At approximately 4 feet in depth, a gravely sand, at best, is encountered. It is written that the soils at 4 feet and below have good potential as a source of sand and gravel . Based on onsite review of the soils that have been extracted a few hundred feet north of this property, it appears that the quality of the sand and gravel may not only be inferior to that which we are accustomed to in Weld County, but is most likely to be most unecono- mical to extract. In Table 6 of the S .C.S. report (building site development) the terms used are "severe floods, wetness and frost action" . The primary word we shall address here is "severe" . The report defines this word as meaning (one or more soil properties or site features are so unfavorable or difficult to overcome that a major increase in construction effort, special design, or intensive maintenance is required) . Further reading determines that the report is addressing dwellings and commercial buildings up to three (3) stories high. It is important to note at this point that the proposed structure to be built on this site is a small commercial building no more than one (1) story high. The S.C.S. report goes on to say (basically) 920530 -2- that small commercial buildings (non-multistory) without basements, are separately rated, and that for such structures the soil should be sufficient. This conclusion can be supported by referencing the type of structures on the east and west of this site. Both structures are constructed from concrete products . The area is subject to frequent, but brief flooding according to the report. This is apparently during the months of April, May and June. The water table in this area during those months is commonly between 6 inches to 12 inches from the surface. This area is more than 60 feet above bedrock. Flooding potential is addressed later under the title of "Floodplain Relationship. " In conclusion of this topic, the S.C.S. basically finds this general area suitable for serving few purposes , one of which is a wild life habitat. There are some high dollar structures in this area, thus it is apparently not as useless as the report implies. This property is certainly not the type of property described in the report, but mainly because it has had several cubic yards of good fill material placed on it in the last few years . ROAD AND HIGHWAY FACILITIES The existing road and highway facilities , namely Colorado State High- way No. 263 (also known as 8th Street) , is sufficient in its present condition and width to facilitate the proposed use. MINING AND DRILLING POTENTIAL As previously stated, it is written in the "Soil Survey of Weld County, Colorado, Southern Part" by the U.S.D.A. that this general area has good potential as a source for sand and gravel . A number of years ago a property owner immediately north of this property wanted to deepen the waterway on his property, and had no use for the material that would be excavated. Mr. and Mrs . Zimmerman accepted the offer to place that material onto this property. The top four feet of this property contains that material. The material came from depths greater than six feet below the surface. From a mining point of view, six feet is insignificant as pertains to depth. However, a more relevant point must be considered. That point being, who would allow it? Due to the existing industry and commercial uses in this area, it is not logical to assume this property could be mined for sand and gravel . FLOODPLAIN RELATIONSHIP In reviewing the "Flood Boundary and Floodway Map" published by the National Flood Insurance Program we find this property in the "AO" Zone . It is obvious, through comparison, that the data on this map was taken in whole, or at least as a majority, from the "Flood Plan Information, Cache La Poudre River, Volume II" as written and pub- lished by the Department of the Army, Corps of Engineers in 1974. In as much as the corps of engineers published a very comprehensive study on the area, we have used this source to address the subject of the floodplain. This property is shown to be in the "intermediate regional floodway" (100 year flood fringe) . This is shown on Plate 5 of the Corps study. There are reference points shown on the plate, and the ones that are relevant to this property are points 58 and 59. By projec- tion of perpendicular lines from the reference points, north to this property, we come within less than 100 feet from the east and west 920530 -3- property lines of this property. Referring to the technical data in the report for elevations of the flood waters in this area, we used Plate 8 of the report. This data indicates that the average flood- water depth between the two reference points is 4628. 45 feet. In accordance with the official zoning map of Weld County and data from the Public Works Department of Greeley, and an onsite survey of the property, this site is approximately at an elevation of 4630 feet. We wish to note that though this property should not be subject to flooding by the 100 year floodwaters , there are five (5) upstream bridges which impede the 100 year floodwaters , because they are too low. This could result in floodwater on areas that would not other- wise have been affected. Once those bridge elevations are corrected, it may well remove several acres from what is now considered to be flood prone. Based on the best information available to us at this time, it is our belief that this property is safe from the 100 year floodwaters . 920530 VICINITY LAND USE SURVEY The properties around our property at 577 E. 8th St. are used as follows : Cox Oil--west border--fuel & oil distributor--COMMERCIAL Midexco--west of Cox--construction firm--COMMERCIAL Webster Land & Cattle--south "border"--COMMERCIAL AGRICULTURE Hoffman Meats--east border--packing house--COMMERCIAL East of Hoffman Meats--AGRICULTURE Residence--north border--AGRICULTURE & RESIDENTIAL 920530 N,A LL ,L ILL , I I I I ,I' I I I a,n n...,n seen i' f, I I Tuts N.)l:A'i"1ti:, Made this 8 Li day of July ire the year of our Lord one thousand nine hundred and e].glity—two between At: fLii L. ZIMMEHMAN and ROZL1?A Z:,h:1glvi165 whOHe !L(In R�aH _ - part-I-CC of the Trst part, and the Public Trustee or we1.c1 COUfl ty , la the Slate of Colorado, ,arty of the second „aid, R'iLacaxaL: TiIA' Wiii lLidAS, The said parties of tie first: part ha ye executed their promissory note bearing even date herewit h, fur the w'iuclyal sum Of TW 1' ;TY-yiV1 THOUSAND, FIVE hUNDRED and NO/100 ( $25 , 500 . 00 )--payable to the order of :1 HENRY KEISER whose address _ 1927 13th St. , Greeley , Colo. 80631 after the date (hereof, will interest thereon front the date Thereof I at the rate of ---11-1/2-- per cent per annual, payable 1n monthly install,-rents of [:',35d . 5z , due and payable on the d't day of each month , beginning August Y , 1982 , with final payment of any balance due on August , L . \\1 %1\•)\ AN I1 Whir - 10 Ir.7.A9, The ¢aid part lElS o L'r 1 = � � PoJ Bit�, �>� are desirous of set.unut; the Payment of the principal and interest of said promissory note il�se 17:Illrlx wl pl•t`>-0� a, 'd ' ',le or any of them may be. NON', TI RElrOItE, The said part vt' 1 le o[ the first P+�j4ftl cadre the Premises, and for Ow 'purhoso • a fnre.vn ill, do hereby grant,alt, bargain, sell and convey Isqo�1,1�:VIA IIIt party" of the second Pal'I. m trust forever, toilowing described property, situated in the County of yU State of Colorado, to-wit: tg n-1t' Lot of Recorded Exemption No. 0961-4-3—RE 158 , recorded February, 16 , 1975 in Book 732 as Reception No . 1653603 , being a portion of -Lot ,our (ii ) or the ;northeast Quarter (,NE1/4) of the Southwest Quarter ( ;W1/Ii ) , of iiew'tion Pour (4 ) , in Township Five ( 5) North , P.ange Sixty-five (65 ) West of the 6th P.M. , according to the sun— division of lands by the Union Colony of Colorado . , TO iiAVI; AND TO HOLD the same, together with all and Sinroltpr the priprivilege..rg, and nopur tens nrer, thereunto belonging: In Taint. beverlhelens, That in mart, of default in the payment of Said note -� ,p, nr any of Wen,, or any Dart Dmnrof, or in the mymnnl or the 'mlrrent thetwori, arc,alias to the tenAnd err,-1 of naafi or nny of Dorm, or the any prier tl, L l l if any, default shall he 1 n ,f n ano „r Lt' , f viol...inn n ,r breach of n v of the term.. r f t (-untamed. the ben..f d the i _ 1 1 ,r I hares d rota den ton'red hereby ilean 1 of f 1t • rvr aanlq npcontained l Iarl. lo xl ,rtOn it ' silt for sale and upon Cling I -Ccenrf ash election and Arml nd f b with the nail early or Ow $$sass demand moth le the for sale an.. a ropy f the m to be order, sr' ml ens. ghat 'ht i suchnoticeif n Ow ,ditto'. office a t the county eono ' ,.r 1 a ...We in x lunO d, it shat and may be lawful for maul party of rue nmml earl to 'oh and ditto.... ,[ the .amp en m,t.nr or in sensate parcels, an Wald Vain' Tniatee may think hat), and all the right, title and interest of said part lei of the fiat part, their Iwo, 'g therein, t yulttir suctionat the east front. f the Coon Ito n iii the Cm my or Weld.d r r I premine., nr any I art Ih reef as v be modified II , of se...1 sale for the h•ahrsl nod bee the ,sine wl brag a rash, four weeks' pubis mare havn• in•n preciously given of Ihr tone and Mace of nurh tale, by adverteem,nt IIl 1 y, in come nownimprr of general circulation al that lime puhllsbal in -1 comity of Weld a ropy nr which nitre that he ,ed within l ' le Orin tedare nr the r'al 'Ibl g soil to doh t' n alb tl hi l t I.h I oar(' inS ,f the fin!. part at the , der. herein I to Il to nv rd I. It I 'll 1real enfant I the II II d ,Tr err 11 1 ' and elate I.' 1 were.. 11 1givenin seamod u , to the 1 1 purchaser.xs hotter shall 1 model the 1 g xml i'' t l 1 I L (' n, 1 writing 1 li real, sail' I v 1 I am! 1 11 r IIII i '1 1 t t lorother pergot. Ill scats) le 1 1 1 1 1 1 - f III 1 1 - 1 1 I I"Orman!! l I , h11 the 11 I r a tf real I 1 I Ixll 1 „ Incr nth,. h ! 'a demand 1 Iernnn l by I'' r the 1 1 p I , 1 I1 tin F k 1 1 I I 1104,1 I In 1 the rl t l made. the I f I I' 1 having raprri ��! I el 'h' 6 1 deed 1 shall be the and mud ram to nuh pearl , lira nn enCnnr bl suet' ;teed as , nn 11 1 all q set 11 grantee, trot I Prot.sty par ht'. I are v n'I and the right. I! t lie nl I benefit 1 't of e•Irmotion Of h Tart. yf of the sal *trod- n. I omit -I � ton t, or*their h• end assigns I .. II n. Ire e fl. ,,l 1 II 'A ono H 1 1 shall rLr tin the Ir ,r nor Ihr , Ia M i nd ', deed.: l I Inct f Ante need not be ael out h l d r dews. n ,e r r„h role r r r re ryas , and 11 I 1' h,e fit nto -1 II mu ,A the •radn or din nl nos , All fr. Thane... tvd sir. or rr all 1 nil 'ltd.., a lv ., mood-icier, ,e ' I he slie .,,^ter ,.r the levelI I. holder of nxld note the pr n ,enl and interest on nmen dm .alai note slug L, the tenor and effect thereof. nn advent-et and all r xA vx M by of�I mush beneficiary or legal hailer of pail note for innnraa I`, I arse and annrrinnral.. with interest Inert,,, al. .t 3 1•en a rent per ammo,. rendering. the oven,t., i( x111 MINT the mid par: l :.f the (i r t Inntiii'1rl,gal rep near tellies$ or Wan ran; who ,,,-nale sane and said deal or !Inv!, no made shall le a perpetual lint, Loth ,o law and - ,esl„ln ar,,;nnt the tam part iCt,of the first purr. their and na. r'a. anti rl AN other claiming n vi er.perty. [ to f mot any of th The holder e ea or I or any part thereof. e from. through ah I 11 eo f e ereof of it shah nil be ably neon the p 'Saner or p n-I,nnra al ally Dial r r notes nab' t ,la In titan napilnnalrl ,l of hie fm's baN•lwrly or an)! 'rootlart et df a "lea"' �II deed he renirnl, It in agreed that the part 1e i of we sat. part, tnClr hell„ rrr lw.ir xn, will pay tl,,- exprone thereof. _._ -_ DEED OF '['MUST—Public Trustee--Receiver's Glxmeti ALLo rya Few. 1 r l nr, hit couvnv a 920530 • �:rY. ff., i.,,.• ..f ar, e. ,aver .. tenet. f LI r prise'],, I „Uy c]bC euuJ or on .r.. I ,i .,nuns.a. i, law I . air,'n.V , v„.'l : Khl, fui, ',ewe; ,., lawf d autlori:y to grunt terrain, well anti c e I the same in man ier and mi farm as ale reseal; hereby fully and xbnulutr•r waiving and n•Wag fig all rights am i'llii11111 th1bY or nth ,t. tinder awl by ovule r roaru,have In I opt! 1 tenements.1 and I I r ,I l:a•. d that 'e are of' - r ee y x.I I r c ,•x or which may .,.a14-r be pained a rrW u thereto the - f ae and clear of all liens and eu nmma r ail sae v,n. fI (tit ttf I IJ and the above bargained property in the guild and peaceable poaseabion of the said party of the xa.ond part, him succexxurs band assigns, tativiol nil and -t iiy ilir4111111 lawfully claiming or to claim the whole or ally part thereof, the said Dolt nod will WonDILL pas,' Forceu Indent. VX1'QE J of the first part x v And nod during LLr L r of tight indebtedness S or any pent thereof the said part 1('a of the find, part will in due ',town' our ell L4xep it III! n . u le 1 our the of the Stake of du odn (except . linos nee `I as nil lev ul said t 1 -v' all II or W beam dpi r r obligation u hereby secured; end city. l will loge all hasld u' ,t r Ir nq I 1 interest a tr. .r, rill , m if the holder of o r nY• m , r tone I ,r I xn.le insured L ', bV fir,, n . . 1 ar'it, t rd w4 may, from time I In J '.L for XUW stir ll or h n pnnYr or ru•nixnry w - (q not 4r excoell the amount t of maid tt t 1 I,-I'e e - pI t the option of said part 1c, of the first part, w t, I sx, if any, palahle W the beneficiary h„- Ion its t lie.1.T}!l ertat may alpea, and will deliver the p'l'ay or lobes of insurance to the Ienelbxry hereunder, as further t, f the n,debteiresx aforesaid. And of the failure f x part 1 pc of the first part to lion insure and deliver tie, t - wdnf - a, or W pay nue.L taxes or an.rein a tx or 41.11101111L4 d a• r 4 Lasu , �ue ,r •r any p! .r encumbrance,mt name reIf any. then h r nr said II..Ie , or any of then,, may procure oath insurance, or tint such taxis or axaarnn. r C.:- it_ ionomlormirea, f and tots r I Ix tine e 1 our sift IL 1 by thin Deed (II TILL Ir •all ]hie r at 18 1 coition I•.. I'll 1. x moth' and :Mall he Irmo out of tl t al I the I. f 4 propertyaforesaid, not rtherw!r u(J by nail tort le tit the first part and muv for 'm 1 Endure : 1 f h'AND 1'ilA'l' IN I ASe. oN ANY nlll'A]ICI', Where) the t and fir e. Y right f foreclosure _ ux 1 oar the saisaid party of the second r the holder f moil role . art f ran o f p lrc ahe ehatl all 1 1 t I the 1 I Y If• and I.. the rents, , el points theref, fry1 'I 'J t l the the 11 .. toil heater d of mLr, issues lrightI I the�t ' b, f t flown' n. 1 Any thrrc he, and curb I •nxtxmm11 nl all at once ,r detoured up ihe stud soul', of the Eel part or the holder of gain r rte or certificate of purchase on request and un refusal, the delivery f nurhfora by the said party of the x,!nnd part or the holder of d t r ylia ynxxnyu s i be i eedin , said notecertificate of purchase by any nl I rvl n I 11 snit t t r proceeding, u. 1 the I t s tv of the -. J tort, or the hoider of maid note certificate f tserf I P l a ty, I of the rentsgenies I l a n any Utensil'. shall 1 . entitled l Its. itch 1O. 111.d p t al of redemption, if tr to t bennt. !4 such default, uJI g r a n ly (o .I n mil. u1y there be, and shall be entitled thee•W as a matter of right without regard W the solvaoav or i us It. Y f 11 Wart l espointed l of the first part a of the then owner of said property and without refxr.l to the value tl. rot d such _ waived - II !t by any 1 of , ml rl, L 1 li pen ex parts n . without notice notice Grow Y he ea proton 1 profits,l 1 t eon ',nonunion eat a 'tondo, n I II 1 Le eI r - a ,hens ,,f shall 1• applied by xuI Receiver V• the paYr,enn of the 'n n r.H. a o1a K u. law and the toilers and den 4 r of the . rte AND, Thal. in ruse of default in any of said payments of t•nnenral or !nterest�au.ading to the tenor end sifted of maul e -n, lyxtrr he mite xu•rnnrnd, nr any of them, or any part. thereof, orr-hf a hreacL or violation of a of the u•vr!nantn nYagreements herein, by the part ley of the f!rit parithe lre%ecumro, ndo!Imxlrators or atoning, Dom andt or nor my .•I, and the interest there' to the time of eale, ' in itt ease ri• whale of me principal awn payable, and the nandopant 'tn al. once, tar d in d! of tar leKul h,JJen 1. Mil•f. h.„ • due and ''nu and Property'tY be II the manner and with the effect as if I iuddrt i bud maturtd run that. f ! .lu I We try the (kWh(' Trustee. tt nev'x fee of to sum of a reasonable -U " the t f red fornh., Public ' Y s for and if fonml.wure be node e, ' e o•,al rl( ]be _ allowed by tl Public 1 a ]art .f the eon of t , e through the courts r reasonable attorney'. fee shall by taxed by the court no N pMrt. of the costs of aurll lu!-e- e4,xur< pmere.li l!rlx. IN WITNESS WIIF:hF:Ule, The said part 1O3 of the firm part he ye heereu,W d.-t 't11C:1r hand and seal the day and year first above written. f-- _ Gi__./r'lYYV77'f6�ltl't"— -- --__ .- ---I Al.t Ia�I/t--raaWirtGv�rkh-1! __. I u;ALI (SEAL) I A f1F"COLOR Alto, The ! rego,ig t ent wacknowledged before toe this — - s._ ..z". tr !� ! - 1d I ... day f_ .LTuly , /h G2 hY Al t r act_E. 21.mmorman cm l'`�pirt ty ,Ir '•; and...lG7�Ctta.__Ziranierman,- and a eh_ of_then. �;; Witness 111Y hand and alneiai seal, 04,p.'4 t . Y 9 pV U�\� r) My J' xnlnb e- ..7 ,c--3- 1:: e •1 1f .....e•• O — t.. _.__. Q `a J - i/ Notary Public. OF C. a ��09L/%F. e-sti /k.tlP°fA9i, (- I'C-i's%_ I e, P. Hi l' ir -1 I ''. • ,y +ti a ct `� a.\' 1 2l fl - u Il r• 1.'lJ • ti l•- /l I St, ^ „ F M _ If m ril is l 1' r+ti e. rz w 6 r; - 6. 4 :—� � `!i a c te H u , II W , fir p. 6 nI L. r�•Y M t-. V Iv • .. r fin I. � r Il I! ____ 9 WATER & SEWER DE:PARTME-N-T city Or 1000 10TH STP ET. G=ic:E:lF_Y. Coir?.7z.A;O E0531 (303) 350 9 .12 Cfrti E'e {{ March 3, 1992 Mr. Pete Z i mrrer;:;are Z & M Pump and Equipment P.O. Box 369 Greeley, CO 80632 RE: 577 East 8th Street Dear Mr. Zimmerman: As you requested, this letter- is confirmation that the City of Greeley can provide •wager and sewer service to the property referenced above. All requests for water and sewer service outside the city limits must be submitted in writing to the Director of Water and Sewer for approv-al . Approval is contingent upon the satisfaction of all requirements and conditions existing at the time of application. Sincerely, 161 "7" Doris Biehl Administrative Clerk Enclosures `' WATER & SEWER DEPAR C MEN I City o 1000 10TH STREE r. GREEI.EV. COLORADO 80631 (333) 350 9812 Creeky March 5, 1992 Mr. Pete Zimmerman Z & M Pump and Equipment P.C. Box 369 Greeley, CO 80632 RE: 577 East 8th Street Dear Mr. Zimmerman: Enclosed is a copy of City of Greeley Resolution No. 58, 1983. 1 wanted to call your attention to page 2, Section 4. Please call me at 350-9810, if you have any questions. Sincerely, ,01/40/_el2, ,e eJ Doris Biehl Administrative Clerk Enclosure • ''' 4 WATER & SE:WE:f DE P (\R I-ME�N_ _ �..... ._ 1 CO of __ _ .....,...,..,.. 1000 10TH STREET, GREEI.Ev, COLORADO 8'.‘331 (3Q3) 3`0..9 12 Gr et_'1e3 March 23, 1992 Mr. Pete Zimmerman Z & M Pump and Equipment P.O. Sox 369 Greeley, CO 80632 RE: 577 East 8th Street Deer Mr. Zimmerman: As you know, water and sewer service is available to the property referenced above. By ordinance w-, are unable to grant water taps to properties which have contiguity to the city limits and meet the requirements for annexst;or, unless annexad. You may wish to appeal this decision after you review your alternatives; if so, we request written notification. Please call me at 350-9815 if you have any questions. Sincerely, 9.4(,10 z 4.„....,....„,. ..„-0 /,-`John G. Gauthiere,ere, P.E. d Water Operations Manager db • WWII p ,. N V \.. 50 32 \ \✓'' + )2( : / I r ' � 1 00 -• f f-- — ` f f --- ..--- �. g ♦ l( ` ,�^'�..+... .mob/ \! // oe.w»/ / ! A'r'm' �' �. /` _ \ T /- '0 -.- - ,:!.. '-'\ ,/ 30 1 � ,, 34_ -C .L57i96 ., %i �C/ ' 4 `_t :» yU .00 1/001 F 1060 MARY ANN FEUEF 'EIN CLERK & RECORDER WELD D, CO ZIMMERMAN ZONE CHANGE _C_t_-____ DISTRICT TO 1 Z-_412 DISTRICT NE COR, SW 1/4, SEC 4, T.5N., R.65W. pp S.01'15'W. POINT OF BEGINNING 696.25' LEGEND: 5.89 58'W. lir • PIN FOUND I ♦ I 327.00' c.j I 0 PIN SET I• UA LOT " B" S o I - SCALE: 1"=100' ' I o! 6 I LEGAL DESCRIPTION 1 .595 Ac. 3 I b 1O1 e, i A PARCEL OF LAND BEING ALL THAT PART OF LOT 3 AND LOT 4 OF THE NORTHEAST QUARTER • ; I i I OF THE SOUTHWEST QUARTER (NE 1/4 SW 1/4) • ,.i OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 65 h I ≥ I I WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD I a I COUNTY, COLORADO, ACCORDING TO THE SUB- I g I DIVISION OF LANDS BY THE UNION COLONY OF COLORADO, DESCRIBED AS FOLLOWS: I ,_ BEGINNING AT A POINT ON THE NORTH LINE OF _ LOT 4, WHICH IS SOUTH 01'15' WEST, 696.25 CH.= S.86'42'24 W., 226.24' FEET AND SOUTH 89'58' WEST, 327.00 FEET FROM THE NORTHEAST CORNER OF THE SOUTH- R= 6916.00' WEST QUARTER (NE COR SW 1/4) OF SAID NORTH R.O.W. LINE OF COLORADO STATE-Z. TATE ®IL 300.79 FEET TO POINT SECTION ENCE SOUTH O 01'41 THE "NORTH RIGHT WEST, HIGHWAY NO. 263 (80.00' R.O.W.) -OF-WAY LINE OF COLORADO STATE HIGHWAY (4'Y263; THENCE ALONG A CURVE TO THE LEFT 1r ‘11\-c& WHOSE RADIUS IS 6,916.00 FEET AND WHOSE 6\1' LONG CHORD BEARS SOUTH 86'42'24" WEST, 226.24 FEET; THENCE NORTH 01'26'17" EAST, 313.63 FEET; THENCE NORTH 89'58' EAST, 226.86 FEET TO THE POINT OF BEGINNING; NOTES: SAID PARCEL OF LAND CONTAINS 1.595 ACRES. I. THE PROPERTY SHALL BE OPERATED IN COMPLIANCE WITH THE WELD COUNTY AIRPORT OVERLAY DISTRICT REQUIREMENTS. 2.THE PROPERTY SHALL BE OPERATED IN COMPLIANCE WITH THE WELD COUNTY FLOOD HAZARD OVERLAY DISTRICT REQUIREMENTS. 3. A SITE PLAN REVIEW IS REQUIRED FOR THIS SITE IN ACCORDANCE WITH SECTION 23 OF THE WELD COUNTY ZONING ORDINANCE. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION; AND THAT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. aADOPLSN .: 1 ca n, PROPERTY OWNERS APPROVAL: I, ALFRED E. ZIMMERMAN & ROZETTA ZIMMERMAN, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY, DO HEREBY REQUEST THE ZONING AS SHOWN ON THE ATTACHED MAP. o'01 47-1-12 Vi pr O,7. k.7,r q-,� / W R (*Ana,/ ,....r.,, ER V THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFOR ME THIS g r_�___L7 A.D.. 1992. WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES: gekcill3 _ OA-late-LiOA-late-Li (Cm Y GLy G.L,p Ql-1, NOTARY PUBLIC PLANNING COMMISSION CERTIFICATION: THIS IS TO CERTIFY THAT THE WELD COUNTY PLANNING COMMISSION DOES HEREBY RECOMMEND TO THE BOARD OF COMMISSIONERS, WELD COUNTY, COLORADO FOR THEIR CONFI ATION, APPROVAL AND ADOPTION OF THIS ZONE CHANGE AS SHOWN AND DESCRIBED HEREON THIS ____ ____DAY OF _ _ ___ 1992. CHAIRMAN, PLA NING COMMISSION BOARD OF COUNTY COMMISSIONERS CERTIFICATION: THIS IS TO CERTI THAT THE BORD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO 121c:1)1 pr CONFIRM, APPROVE AND ADOPT THIS ZONE CHANGE AS SHOWN AND SCRIBED hEREON THIS __2L(2 DAY OF �LC� ri , 1992. ATTEST: ��t �-- WELD COUNTY CLERK TO THE BOARD C RMAN, BO 0 QU IN --- - BY: RECORDED: DEPUTY CLERI TO THE BOARD Z - 47 2 DATE: PURPORT''s? a ,,, .��,�.c X30 Hello