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Home My WebLink About680018.tiffsio 784 RESOLUTION WHEREAS, a public hearing was held on Monday, September 16, 1968, at 11:00 o'clock A. M„ in the chambers of the Board of County Commissioners of Weld County, Greeley, Colorado, for the purpose of hearing the petition of J. I. Wykert, Box 273, Ault, Colorado, requesting a change of zone from "A" Agricultural District to "C" Commercial District, and WHEREAS, the petitioner was not present; however, was represented by Mr. Jim Nichols, and WHEREAS, there was no one present in opposition to the change of zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements from those present, and WHEREAS, the Board of County Commissioners has studied the request of petitioner and studied the recommendations of the Weld County Planning Com- mission as submitted on August 7, 1968, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, that the petition of J. I. Wykert, Box 273, Ault, Colorado, for a change of zone from "A" Agricultural District to "C" Commercial Dist- rict, of an area being more particularly described as follows: A tract of land lying in the Northwest Quarter (NW4) of Section Thirteen (13), Township Seven (7) North, Range Sixty-six (66) West of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows: A tract of land 300 feet in width adjacent and parallel to the west right-of-way line of Colorado Highway No. 85 as now constructed, and running from the south line of said NW4 to the south town limits of Ault, Colo- rado, and containing 11.8 acres, more or less, is hereby granted under the conditions following: 1. Any water and sanitation facilities to be installed shall be approved by the State Health Department, 2. All applicable zoning regulations and subdivision regulations shall be followed and complied with to the satisfaction of the Board of County Commis- sioners of Weld County, Colorado. 3. That a service road 30 feet in width along the full length of the herein - above described property and parallel to the west right-of-way line of Colorado Highway No. 85 as now constructed, be dedicated to the public use by petitioner and that when work is begun by petitioner and/or contractor on said service road, a performance bond be made in an amount as may be required by the Board of County Commissioners to assure compliance with county road specifications. Dated this AT:flST i'••, crl 141•, OlolNljef tiehoard.' Apr -weaved afto Form r_t County Attornm day of September, 1968. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -.4 7 Recorded at U o'clock I MgEc._2i,,1g7p :1906464 Rec. No. Mary Ann Feuerstein, Recorder PLalb7 680018 BEFORE lE WELD COUNTY, COLORADO PLANNI COMMISIIION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. Z-112 Date 3/7/63 APPLICATION OF Address J. I. Wykert Cox 273,E salt, Colo. Moved by J. Ben Nix that the following resolution be introduced fo::pas sage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for rezoning from A ( A riculture District to 3 ( Commercial District) of of covering the following described property in Weld County, Coloraoo, to -wit: t�a:t of land idting in the Northwest Caarter (1J4) of Section Thirteen (13), Township Seven (7) North, Range Sixty-six (66) fSeest of the 6th P. M., 'meld County containing 5 acres more or less, more particularly described on the accomoanyirg map. be recommended (favorably) Ocinvevommo to the Board of County Commissioners for the following reasons: A favorable location for future commercial development. Motion seconded by �'-onald efeitman Vote: For Passage: Philip Bowles Ronald Heitman J. Ben Nix Against Passage: John '.Intson .. The Chairman declared the Resolution passed and cordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. PC -Z-005 CERTIFICATION OF COPY Dorothy , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on Gust 6, 196'3 and recorded in Book No. II , Page No. , of the proceedings of said Planning Commission. PC -Z-006 Dated this 7th day of Aunust 1963 Recording Secretary, WCounty Planning Commission September 16, 1968 11:00 A. M. I hereby certify that pursuant to a notice dated August 14, 1968, duly published August 16th, 1968 and September 13th, 1968, a public hearing was had on the Change of Zone request from "A" Agriculture District to "C" Commerical District as requested by J. I. Wykert, at the time and place specified in said notice. The evidence presented at said hearing was taken under advisement, the decision to be made at a later date. ATTEST: C- %� ✓ 1y COUNTY CLERN/AND RECORDER AND CLERK TO THE BOARD ;'30 X's,/ , CHAIRMAN, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r "Ault, Colorado Date: Seitenther I 1968 shkite: 11.00 A. M-, Request: Change of Zone from "A" Agriculture District to "C" Coinmereial District • A tract of land lying in the NWtS of Section 13, ItonkshiP 7 Noth, Range -88 West of the 6th P. M., Weld County, Colo- rado, more patit ilarly de- scribed as followsa. a strip of land 309 feet in Width adjac- ent and parallel ;tic" the west right -d -way line Of Colorado b6 as , now .eructed and running from the scuth line of said NW% to the south town limits of Aid, Coin`ado. Dated: August 14, 1968.. THE BOARD OF COUNTY COMMISSIONERS WELD: COUNTY, COLORADO By: ANN SPOMER COUNTY "CLERK AND RECORDER AND CLERK TO THE BOARD.. eelev Boos- NOT I C E Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend an may be heard. DOCKET NO. 44 Date: September 16, 1968 Time: 11:00 A. M. J. I. Wykert Box 273 Ault, Colorado Request: Change of Zone "A" Agriculture District to "C" Commercial District A tract of land lying in the NW4 of Section 13, Township 7 North, Range 66 West of the 6th P. M., Weld County, Colorado, more particularly described as follows: a strip of land 300 feet in width adjacent and parallel to the west right-of-way line of Colorado 85 as now constructed and running from the south line of said NW4 to the South town limits of Ault, Colorado. DATED: AUGUST 14, 1968 To be published August 16 and September 13, 1968 The Greeley Booster THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Change of Zone As Petitioned by J. I. Wykert September 16, 1968 Present: The Board of County Commissioners Mr. Harold Anderson, Chairman Mr. Edward L. Dunbar Mr. Marshall H. Anderson County Attorney Mr. Samuel S. Telep Petitioner Mr. J. I. Wykert ( NOT PRESENT) Mr. Jim Nichols, Engineer Mr. Pete Ehrlich Mr. Jack Grebb Mr. Harold Andersen: We will call this Change of Zone hearing request to order and I will turn it over to the County Attorney, Mr. Telep. Mr. Telep: This matter came on for hearing at 11:00 A. M. September 16th 1968, at the request of J. I. Wykert, box 273, Ault, Colorado, for a change of zone from "A" Agricultural District to "C" Commercial District of a parcel of land lying in the Northwest Quarter of Section 13, Township 7 North, Range 66 West of the 6th P. M., Weld County, Colorado, more particularly described as follows: a strip of land 300 feet in width adjacent and parallel to the west right-of-way line of Colorado 85 as now constructed and running from the south line said Northwest Quarter to the South town limits of Ault, Colorado. This legal description and the setting of the time for a meeting was duly published as required by law a -,d it was published in the Greeley Booster, August 16 and September 13, 1968. Let the record further show that the petitioner Mr. Wykert is not present at this hearing, however, he is represented by Jim Nichols of Fort Collins, Colorado. Lot the record further show that two other gentlemen are present at this hearing namely Pete Ehrlich of Fort Collins, Colorado and Jack Grebb of Fort Collins, Colorado. Let the record further show that there is no one in opposition to the granting of the change of zone. Let the record further show that on August 7, 1968 a recommendation - a favorable recommendation was further made by the Weld County Planning Commission to have the particular area changed. That it - same represents a favorable location for commercial development. Now Mr, Chairman, Mr. Nichols is here of course representing the petitioner and maybe he would like to say a few words in behalf and in favor of the change of zone. The Board may have questions it may wish to ask as to conditions before the change is allowed. Mr. Nichols, your name is Jim Nichols and you do live in Fort Collins? Mr. Nichols: Yes. Mr. Telep: Youiare an engineering surveyor - and you represent Mr. Wykert is this correct? Mr. Nichols: Yes. Mr. Telep: Would you tell the Commissioners in your own words just what is proposed here? Why is it desirable that this be changed at the present time to commercial. Mr. Nichols: Presently the area is agriculture - we are in the process farm of relocating an/implement store, which will not be anymore than a service center. It will house no used equipment as such but it is strictly the service center foe the contemplation of servicing the local area, for repairs, parts etc. There main store will be in the Fort Collins area where most of their equipment will be stored or at other locations. It will strictly be a service center with some sale promotion out of the area for the area. However we are locating at the south of Ault due to the expansion that ,we felt that at the present location it wasn't feasible so by moving the location it will allow for expansion. Mr. Dunbar: Mr. Nichols, who is putting in the money . Mr. Nichols: This is McClure and Sons out of Fort Collins, John Deere Representative. They own the present John Deere. Mr. Dunbar: What kind of an investment do you anticipate? Mr. Ehrlich: This new property do you mean - will run about 36 to 40 thousand dollars. It will be a building 60 foot wide and a 104 feet long. It is a strans steel or star building any of these steel buildings. It will be a nice one ( I wish I had brought some of the elevations) It is going to be a good looking building. Mr. Telep: You will have to conform to the building code. Mr. Nichols, may I ask you a question - as representing Mr. Wykert would you say that Mr. Wykert would be willing to entertain the thought of putting in a service road along the full length of this property abutting U. S. Highway 85? Mr. Nichols: Yes. Mr. Telep: As far as the width is concerned I am going to have to leave that to the Commissioners - we have been talking about 30 feet sole and I imagine that is what it will be but I think that is the/peroggative of the Commissioners. As a surveyor and consultant and being full of your subject what would you recommend -as to be fair to the general public and also to Mr. Wykert? Mr. Nichols: For the width of the service road? Thirty feet is paved in almost its entirety - it is strictly not a high speed it is just a service road to get to end `rom a location without undue hardships or danger to the main throughfare. With the two access points recorded by the State highway Department - as long as there is a service road there to service the area. don't see any cause of congestion whatsoever. Mr. Telep: In other words you would agree that there would be an access uses map) here and here at Ault and the south end of this particular piece of property sought to be rezoned. Mr. Nichols: That is the only two yes. Mr. Andersen: Now this is a question for you ( directed to Mr. Telep) should it read that this road shall be constructed by the property owner or the purchaser. Mr. Telep This road will certainly have to be in the first instance but when it is dedicated to the public and before the Board of County Commissioners accepts it and it becomes part of the County highway system even though it is a service road - yes - I think it should come up to your specifications. Mr. Marshall Anderson: That is automatic, Sam, they won't accept it until it is. Mr. Telep: Thats right, this is the answer Mr. Chairman. When you write your resolution, Mr. Chairman, if and when you grant this , this would be one of the conditions. That this service road be put in at or by the developer, whoever it may be, it may be Mr. Wykert or someone else, is that alright Mr. Nichols? Mr. Nichols: Yes. Mr. Telep: And it should be brought up to the specifications of the County Commissioners. Mr. Andersen: You have heard the request for the change of zone, What is your pleasure? Mr. Dunbar: I can't see any objection to this zoning at all. The only thing is there will have to be this cuvenant in there in the granting of this zone change of the road and actually we can incorporate that into the resolution, can't we? Mr. Telep: Yes. Mr. Dunbar: I would move that this zone be granted, subject to the service road. Mr. Telep: Along the entire east side of the property that is sought to be zoned. And that this service road in the first instance be put in by the developer or the subdivider, whoever he may be - not the County - the County will agree to accept it subject to the specifications. Mr. Marshall Anderson: I will second the motion. Mr. Andersen: It has been regularly moved aid seconded that this request be granted subject to the construction of a service road constructed by the developer. I will make it unanimous. Meeting adjourned. Deputy County Clerk Hello