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Home My WebLink About650014.tiffRESOLUTION WHEREAS a public hearing was held on Wednesday, June 16 1965, at 2:00 P.M. in the chambers of the Board of County Commissioners of Weld County, at Greeley, Colorado, for the purpose of hearing the petition of KENNETH W. PRATER of 750 Peoria, Aurora, Colorado, re- questing a change of zone in the West Greeley area to "B" business zone, and, WHEREAS, the Board of County Commissioners heard from Mr. Kenneth W. Prater that the reason for the change of zone was to construct a shopping center on the property west of the Gibson Dis- count Center on property being purchased from C. O. Plumb, and, WHEREAS, the Board of County Commissioners has been assured by the property owner, C. O. Plumb, that a no liquor covenant will be placed in the deed conveying said property to Kenneth W. Prater, extending and running with the land for a reasonable period of time, and, WHEREAS, the Board of County Commissioners has been assured by representatives of Kenneth W. Prater that no restrictions will appear in the deed concerning future annexation to the City of Greeley, Colorado, and, WHEREAS, the Board of County Commissioners is of the opinion that the granting of this change of zone is an extension of the business zone in the area and provides for the best use of the land and does not constitute spot or strip zoning, and, WHEREAS, the Board of County Commissioners is of the opinion that the granting of this change of zone is a continuation of the business plans for the area, NOW, THEREFORE, BE IT RESOLVED by The Board of County Commissioners that the petition of Kenneth W. Prater of 750 Peoria, Aurora, Colo- rado, is granted for change of zone in the West Greeley area 650014 -1- pLo )9R on the property west of the Gibson Discount Center on property being purchased from C. O. Plumb to "B" - Business Zone as described on the petition filed herein; provided that a no liquor covenant is placed in the deed of conveyance from the present owner to contract purchaser and that said covenant extends to and runs with the surface title for a reasonable period of time and further that the deed of conveyance has no restrictions concerning future annexation to the City of Greeley, Colorado, and further that the property herein zoned to a Business Zone be developed into a Shopping Center Complex within two years of the date of this resolution or the property herein zoned shall revert back to an "E" Estate District. Dated this 3othday of June, 1965. THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: 4 Clerk of the Board Approved: tCounty At'toney -2- BY: LC..J Alp d/'C f' June 16, 1965 I hereby certify that pursuant to a notice dated May 12, 1965, dule putlished May 14, 1965 and June 4, 1965, a public hearing was had on the Change of Zone as requested by Kenneth W. Prater, at the time and place specified in said notice. The decision on the evidence presented at said hearing was taken under advisement. ATTEST: an COUNTY CLERK D RECORDER AND CLERK TO THE BOARD AIRMAN BOARD OF COUNTY COMMISSIONERS(' WELD COUNTY, COLORADO NOTICE PURSUANT TO THE ZONING LAWS OF THE STATE OF COLORADO, THE WELD COUNTY PLANNING COMMISSION RECOMMENDS AND CERTIFIES TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, THE DENIAL OF CHAJNUE OF ZONE FROM "E" ESTATE TO "B" BUSINESS IN THE WEST GREELEY AREA AS REQUESTED BY KENNETH W. PRATER, SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: Part of the Wz SE4 of Section 2, Township 5 North, Range 66 West of the 6th P. M.: Beginning at the SE corner of Section 2; thence W following Highway 34 to the SE corner of the WISE* of said Section 2, a distance of 1435.21 feet m/1 to the true point of beginning; thence N O1°18'00" E along the east line of the W-zSE4 of said Section 2, a distance of 485' m/l to the center of West 9th Street; thence W along the center line of the proposed W 9th Street extended, 640' m/1 to a point; thence S 01°18'00" W to the S line of the W3 -SE-; thence N 83°52'30" E along the S line of the WISE+ of said Section 2, to the point of beginning; containing 74 acres m/l. A PUBLIC HEARING WILL BE HELD IN THE OFFICE OF THE BOARD OF COUNTY COMMISSIONERS IN THE WELD COUNTY COURT HOUSE, GREELEY, COLORADO, ON WEDNESDAY JUNE 16, 1965 AT 2:00 O'CLOCK, P. M. DATED THIS 12TH DAY OF MAY, 1965. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK 8 RECORDER AND CLERK TO THE BOARD The Greeley Booster May 14 & June 4, 1965 NOTICE Pursuant to the 2ioning. the_State Of GO do, Connky . Platuniag e emtnend and: aelt1t4,to +_ _ County Commlealeners 'tie ty, Colorado, the dent%tl Lf aktsniBa_ of Zone from W' Estate,. Ruttiness. in the West Greeley, _j area as requested. by Kenneth W Prater. said parcel mere particut larly. deacrihed as follows: Part of the W1 SEsi of Sec_ Lion 2, Township 5 North, Range 66 West of the 6th. P.M.: Beginning at; the SE corner -of Section 2: thence Mr following. Highway 34 to the SE. corner of Abe W1/2 SEyy of said See_ tion 2, a distance of 1435.21 feet m/i to the true point of beginning; thence N 01' ISM" fl along the Rant tine of the W1:SEye.'of said Section 2, a. distanceof4B6'' m/1 to the cen- ter of Wen 9th Street; thence W along the centerline of the proposed ' W -9th Street ex. tended,. 640'm/I to a point: thence S 01°18'00" W to the S Aloe of the W% SE4; thence '' fin°32 :40" E along the S line of the W b SE'/y of said Section 2, to the point of beginning; containing 7+;r acres 7n/I. A public hearing : will be held in the office of The Board of County Commissioners, Weld County Court House, Greeley, Colorado on Wed- nesday, June 16, 1965 at 2:08 P. M. O'clock. Dated this 12th day of ;May. 19r4i, THE HOARD OF COUNTY COMMISSIONERS WE nD COUNTY, COLORADO By: ANN SPOMER COUNTY. CLERK And RECORDER And CLERK TO THE BOARD ' Published in The Greeley Boos_ ter Mny 14, and June 4,. 1,1'43 HEARING CHANGE OF ZONE Kenneth Prater June 16, 1965 o2 X68 As recommended by the Weld County Planning Commission - denial recommended by the County Planning Commission. The decision of the Commissioners was taken under advisement. The following are the minutes of the hearing. Mr. Shultz: We will come to order and procede with the reading of the minutes of the hearing. Pursuant to the zoning laws of the State of Colorado the Weld County Planning Commission recommends and certifies to the Board of County Commissioners of Weld County, Colorado, the denial of change of zone from "E" Estate to "B" Business in the West Greeley area as requested by Kenneth W. Prater said parcel more particularly described as follows: Part of the West half of the southeast quarter of Section 2, Township 5 North Range 66, West of the 6th P. M., beginning at the Southeast corner of Section 2 thence west following Highway 34 to the southeast corner of the West half of the southeast corner of said Section 2, a distance 1435.21 feet to the true point of beginning, thence north 01°18" East along the East line to the West one- half southeast quarter of said Section a distance of 485' to the center of the West 9th Street, thence west along the center line as the proposed West 9th Street extending 640' to a point, thence South 01"18' West to the south line of the West half Southeast quarter, thence north 83°52"30' East along the south line of the West half of Southeast quarter of said Section 2, to the point of beginning; containing 7z acres m/l. A public hearing will be held in the Office of the Board of County Commissioners, Weld County Court House, Greeley, Colorado, on Wednesday June 16, 1965, at 2:00 b'clnck P. M. Dated this 12th day of May, 1965. The Board of County Commissioners, Weld County, Colorado, by Ann Spomer County Clerk and Recorder and Clerk to the Board. Published in the Greeley Booster, May 14th and June 4th, 1965. Kenneth Prater Page 2 That is the legal notice that was published with the recommendation of the Planning Commission to the Board of County Commissioners. I believe at this time it would be in order that the petitioners make a statement. Kenneth Prater: Mr. Shultz, Mr Dunbar and Mr. Odle, I am the applica:;t for the rezoning of a piece of property located on Highway 34 just west of 35th Avenue. We petitioned late in March to have this land rezoned for business purposes, we should like to have at this time to present our arguments which are contray to the recommendations of the Planning Board to the County Commissioners. We feel that after we have made this presentation that you will have a better understanding of our thoughts and the thoughts of the Planning Board and then you will be able to come to some decision regarding this land. I'll conclude with that statement. Mr. Shultz: Is there anyone in favor of the granting of the clangs of zone? Kenneth Prater: May I ask a question Mr. Shultz? I am going to make a presentation after this will be given time to this and show are reason will we not? Mr. Shultz: Yes, you will be given time, and that privilege. A. J. Piedalue: I think it would be alright, It doesn't seem like they are going out of business on that side of the street . I think it would be a good thing to do. Mr. Shultz; You live right across the street from this proposed change Mr. Piedalue: I have 90 acres there. Mr. Shultz: Is there anyone else whr would like to speak in favor of this change Kenneth Prater Page 3 Mr. Shultz: Mr. Palmquist, would you care to make any statement at this time? Mr. Palmquist Mr. Chairman I believe not at the present time, I believe Mr. Prater Is going to make a presentation here. Mr. Shultz; Mr Prater you may contine with your remarks. Mr. Prater: I think it would be best before we tell you what our development is going to be for us to go through from the very beginning from the time we presented our petition to the Weld County Planning Board we presented this petition in late March and had a public hearing on April the 5th before the Planning Board. There was no opposition at that time to this rezoning of the land and we had petitions signed by everyone adjoining the land within 500 feet - as a matter of fact there was many more feet than that approving for us applying for this zoning of being in favor of it. Mr. Plumb at that time spoke for it, Mr. Plumb had to go to a family reunion and is not here today but would be here to speak for it again if he were able to get here. At that time the Planning Board through Mr. Mosier requested that we do one thing in particular that we would have available water and sewage in that area. We proceded that same day after the Planning Board meeting to Mr. Cruce office, the City Manager, he referred us to Mr Shaffer who is the Director of Water and Sower. Mr. Shaffer after discussing it with him - he with myself went back to Mr. Cruce Cruce office. Mr. suggested to him that he write the letter that water and sewage was available and this is the letter we received signed by Mr. Shaffer that we received on April 5th which we would like to present to you as an exhibit. Mr. Shultz: Accepted in evidence Kenneth Prater. Page 4 Mr. Prater: Also at that time, we presented our ideas of what we would like to do to the land and what was definetly in favor of this rezoning. We have since gotten a resolution from the Planning Commission and the Planning Commission has made certain statements that or why this zoning has been refused. A recommendation by that Board number one they stated that the request for the change of zone is premature at this time and does not make the best use of the property. They make no suggestion as to what is the best use of this property and yet we feel with the adjacent business of the Gibson Store, bowling alley, a large restaurant, a filling station, at the present time they are building a car wash in that area, that the request for the change in zone is not premature, it is undesirable to develop the land as it is presently zoned. As an adjacent which is the Gibson Store has been adapted to business use and also the close proximity of the Highway 34. We know that Highway 34 is being by-passed. When we purchased the property from Mr. Plumb we knew that and I would like to state that we are not speculating - that we paid Mr. Plumb a fair business zone price for this land. We did not try to buy the land as agricultural land. We paid what we thought was a fair price and it was accepted by Mr. Plumb. Number two the area must be served by an adequate water supply and proper sewage disposal as a health factor and that facilities are not available now to the said property owner. I would like to point out that we did get this letter from Mr. Shaffer there has been some discussion since then that we would have to annex to the City of Greeley, if we were to received the water and sewer we were_ told about. We were not told this in the beginning the letter did not state that and the area that is to be zoned on 9th Avenue - a very short distance - is the water and sewer line which we have presented to you in the exhibit. Kenneth Prater Page 5 I have another exhibit here which is the business zone map of the City of Greeley, the business zone map of the City of Greeley shows this is all strip zoning at this area - that runs along what we call 9th Avenue, this is the area right here that we wish to rezone (uses exhibit) there is business zoning all along here. Now it has been brought to our attention that and we have been told that is much too much zoning - when we appeared and appeard before the County and bought this land we felt that we were in the County, that we should apply to the County, that the County was the proper authority that the County Commissioners had the proper right and the County also should have the benefit of any taxes or any enhancement of value land and rezoning by building business buildings that would give them some income. I know if they are like most city govenments today county governments are the same way - we all need money - and we feel that the county has a perfect right to this. The statements made in the minutes so forth of the Planning Board have certainly not considered that this is a County Zoning matter - as a matter of fact they lean entirely to the fact that it is a city zoning matter. It is not it is a County zoning matter and we are asking the county and we do not feel that we should be put in the position of being used regarding the eewer and water. Because at the present time there has been a new Gordons Food Stae that has been built and is now open. This area right here in the County and they have signed new contracts for water and sewer. We feel that we should be able to - right up here in this area that we want to rezone be able to get the same consideration. We do not feel that the City sIuuld put us in the position of making an example of us. We feel that this area (pointing to map)going on out as you can see - this area is in the County too, water sewage and so forth. We were told by Mr. Cruse Kenneth Prater_ Page 6 that we could have water and sewage it/cost us 65 percent more. We did not object, we would be willing to do it. On Spril 23rd or there abouts - on April 21st I addressed a letter to Mr. Mosier and along with that letter I sent the exhibit I have given you there which were presented Cs you and also we answered 8 questions which were presented to us on a meeting April 15th with Mr. Clarkson, Mr. Dicktor, Mr. Watson and myself at the American Legion. We were asked to answer those 8 questions. We have answered them and I would like to give you our answers. (Exhibit Number three) 1. It is undesirable to develop the land as it is presently zoned as an area adjacent has been adapted to business use and the close proximity of Highway 34 does not lend the land to residential development 2. The land is located with ready access from the supporting residential area, which will allow a development that is needed and desirable for the area, and the need for expansion of the area, which is requisite for healty business progress. 3. Without a question we will offer customers a pleasant place to shop, with architecture throughout the area controlled so that the buildings will complement the area with proper landscaping, the combined beauty will be an asset to adjoining lands. 4 With the development of the Gibson store and the adjacent business this is the most desirable land, as it is a continuation of the business zoning to the West, and is not spot zoning, This is a well located site that can be adapted to good development, and is the logical site to rezone. think you can look at the map here and see how the zoning has been carried out - this is not strip zoning. We are going back a depth to provide over 350 off-street parking places in this area. 5. This area has the characteristics important to success of a development. With all of the favorable factors, such as availability size of site, shape of site, direction of growth, traffic, population, accessability with off-street parking. 6. Changing conditions in the area with the trend to suburban living, shoppin needs, change. When at one time, it was traditional to do all "shopping goods" shopping in the central business Kenneth Prater Page 7 district, it is now accepted practice to do so at a convenient shopping center. In earlier years, the automobile was not used extensively for shopping. Today, it is indespensable. Such shifts in shopping practices have contributed to the changing conditions in this area. 7. This area has experienced a phenomenal sales growth the past year. The Gibson Store is expected to do in excess of 3 million dollars and I would like to point out in our research in a 10 day check of their parking lot, we found by taking the license plates and tracing them out - that 21 percent of the business coming in to that store came from beyond 5 miles, 22 percent of it came from 3 to 5 miles, and 57 percent up to 3 miles distance in this are. Now the experience and forsight of a wise developer, who is willing and able to purchase the land and risk his capital to develop this land with improvements that will be making a significant contribution to the tax base of the county. As I said this is a County matter not a City matter, we feel definitely that the County should have the benefit of these taxes. If the County wants us to go into the City and if you Commissioner tell us to do so we will do it, but we do not feel - we came here under the basis it was County property and your jurisdiction and we are asking you to zone it. 8. There will be a National Super Market as well as several small store and shops. It will take approximately sixty (60) day after rezoning to prepare plans and specifications with construction to start approximatdy one hundred and twenty days (120) later, with completion of the Center within twelve (12) months. We feel that we can move that fast and move that forward. Now we went to the City and discussed this with Mr. Clarkson and we asked the City for their blessing in this matter . They have ibicated all along that you can rezone the immediatley - all you have to do is join us. We received a letter at that time which has since been recinded from Mr. Jayne, he was the Planning Aid at that time and he sat in on the Planning Board meeting and this is the letter we received of him - Kenneth Pra` r e 8 It said that at the April 7th meeting of the City Planning Commission took the following action on the West Greeley Shopping Center. A motion was made by Bud Etherton and seconded by Denver Wiggins to approve the preliminary plat of the West Greeley Shopping Center the motion was subject to the final street dedication plat being submitted and the area being annexed into the City of Greeley at such time the developer starts construction. Also to recommend to the County Planning Commission to change the zoning from and Estate Zone to a Business Zone. I have understood that since that time that this letter has been recinded, the minutes have been changed in the City Planning Board. I would like to go on and answer these questions. The area in question is presently overzoned there are adequate business areas within the area not yet utilized for business. The only business zoning I know of in the County is a mile or so away - I think there is a used car lot - something on down the highway. We feel this way as in the minutes stated that the Dunton Realty has had a piece of property on 9th Avenue for many years that they have not developed and there are several other pieces of small property that have not out been developed. We do not feel that we should be brought as the one who should not have the zoning. I think that we should have the rights to our zoning and we should be able to have the rights to utilize this land and I'd like to quote Justice Sutton of the Colorado Supreme Court who said people who have the right to property the right to develop and that right must be maintained whereever possilbe. He we_.t on to say that unreasonable restrictions , the most common problem of zoning ordinances violated individual rights to property and should be guarded against. I fee] this way gentlemen that we have come here, I have bought a piece of property Kenneth Prater Page 9 I would like to utilize that property , it is in the proper zone and it has the proper business around it and it is ideal business zoning. There are many many people coming into that area as you well know that I quoted on our research. Number four there has been no assurance has been given the Planning Commission that the sale of liquor will not be permitted in the center. That if the sale of liquor is permitted it will retire the growth of the city to the west We will not use our property for any illegal purpose. Our constitutional rights as to what are property and what we can use it for are governed by the ordances - the laws of the County. That it is not good planning to have shopping centers closer than 2 miles within a given general area population growth. This planning I might say we have discussed this many times this is for regional type centers that take in 50 or 60 acres. This is not for the type of convenience center and neighborhood centers that we expect to develop there. That the continuation of string zoning on Highway 34 is detrimental to the growth of the community with the knowledge of the 34 by-pass to be constructed in the near future. Everybody has that knowledge we had the knowledge before we bought the land and we feel this way about it that we have gone into this with the idea in mind that knowing that we were not necessiarly going to hurt anybody elses business that we were going to be bringing more business into the area. We talked to Mr. Don Larson - in the minutes of the Planning Board meeting they have gotten into the fact there are some store that have been discontinued in the Wilshire Shopping Center. There was a statement made that Millers would like to brake their lease and I talked to Mr. Larson this morning and Mr. Larson is the real estate manager for Miller Super Markets and they have no intention , they want their business there ,\enne t1 ..'rate,.. Page I think you'il find that in any area, any ownership of rental property that from time to time you will loose a tenant and from time to time you will replace them. Now where one tenant might not be able to do well two tenant, three tenants, or whatever it is, naturally they are replaced in time and ocassionally you have to replace them again. But in most instances they are successful. Economically I don't feel economics are a problem of the Planning Board I don't think because after all economic_ is a dollar out of our pocket to make this development and when we take the dollar out of our pocket and we invest it - we take the risk. We are the ones who take the risk all the way through. Now in these minutes of the Planning Board meeting I am quite surprised with the conflict and in one instance Mr. Mosier says here the sewer - George Mosier told about the letter from the city that water and sewer is available as I say I understand that since then somebody has resinded that letter in a way. Ye t I talked with Ar. Cruce and Mr. Shaffer regarding that and Mr. Cruce told Mr. Shaffer to go ahead and write the letter that day that we received it. Because we were trying to move a lot faster at that time, as we told the Planning Board we would like to move as fast aspossible so we immediately went to the city. In closing I would like to say that we are willing to develop, we have the people who will develop in here. Mr. Olson of Safeway has confirmed he like the area and wants the area. We have also talked to Red Owl, as far as we are concerned we will start immediately. We are not zoning this land and paying the price we are paying to sit on it. There is no way we could make a nickel on it if we sat on it because we are paying full price. There is good access from all parts of the city, we will have the county from everyplace outside of the county, throught other towns which Gibson Store is serving a lot of people and they do not have an adequate food supply store there, they do have a few items, but they don't have a Kenneth Prater Page 11 full line store. There will be adequate off street parking. We are willing to work with the City, the County and the State Highway or anyone regarding the acess, ingress or egress I mean there is no reason why we can't. We are just as cognizant of the fact that we do not want to jam up streets or anything. The demand for additional business for the buying public, our research shows that there is a demand. We are developing this planning with controlled architecture, we are going to enhance the tax base. At the present time you have the big Gibson Store, 32,000 square feet, they are going to enlarge that store, according to their press release on it and they have the material on the grounds and they are going to enlarge that another 16,000 square feet. There is a bowling alley there, a large restuarant, as I say a car wash, service stattion, there is a unit therefor rental of all types of equipment and so forth for all the people who live in the area and the homes and so forth. We feel that we are ready we are willing and able we feel that the land should be zoned - business zoning. We think that it is going to help the County and the City in many respects as I say regarding this water and sewerage I don't see how they can withhold water and sewage from us and give it to someone else. They publish the water rates although I understand that if you drill a well out there the water is sweeter than the city water. We feel that we have gone at this in good faith and have presented our story in good faith to the Planning Board and to you - we are ready as I say. We do not expect to hold this up for any length of time if we can get the zoning. We certainly hope that you gentlemen will see fit to pass this zoning ordinance. Thank you. Kenneth Prat, Page 12 Mr. Shultz: Mr. Prater: Mr. Shultz: Mr. Prater: I have a question I would like to put to you, that is you made the statement you would not permit your property to be used for any illegal purpose. You were evidently thinking of the liquor industry. Well now in my faint experience the liquor industry is not illegal it is a matter of obtaining a license to operate but it isn't illegal. Mr. Shultz, I don't think that you would want some unusual land restriction on your land or anybody else. I don't think we should be asked for that restriction. As a matter of fact when we started developing this area I never even thought of a liquor store or a liquor operation. It was brought up by Mr. Mosier himself as to what we would do. As a matter of fact I didn't know whether Greeley was wet or dry. So it was brought to my attention. I feel this way though - that we should not and I don't know how you could even put it in it to that land that would be restricted. I know this that it isn't going to stop the growth of Greeley. I know Greeley has an awful lot of land to fill up and I know its going to take them at least 15 years to fill up what they already have as far as housing is concerned. So as far as stunting the growth of Greeley we certainly are not stunting it. As a matter of fact in my investigation after that I think you have and island down here on the south. Thats right and we wish it was not there. I can understand your thinking but it just comes down to this we are developing a business and we want to develop a business with plesant surroundings. We are developing stores in there that are going to be pleasant. We are putting a beautiful Hallmark Card Store, these all stores that people will be interested in shopping Kenneth Prater- Page 13 in and want to shop in - we are not putting in a honky tonic. We are putting a lot of money into the investment and this is going to exceed I would say from 350 to 400 thousand dollars. Now you don't go out and risk that kind of capital and jepardize it for a liquor store. We are not going to do it - that is not our primary purpose. Our primary purpose is to develop an area there which has a nice development to start with. The Gibson store as you well know is doing excellent and they are bringing people from way out of the city. They are bringing people from all over, if you look at the license plates you see them from Wyoming, They are good operators. Mr. Dunbar: Mr. Prater: How many busines locations are you planning? We will anticipate that we will probably have about 10 stores altogether. We will have adequate off-street parking. There will be some mama and papa stores, small stores, knit shop, things of that nature. We will probably have a beauty shop, a barber shop, there is not one in that area up there. Mr. Shultz: We thank you Mr. Prater for your presentation. Is there anyone else who would like to make a statement at this time. or deed Mr. Richardson: In your contract do you have a restriction against annexing to the City of Greeley Mr. Prater: We do not have that in our deed but we were asked at the present time by Mr. Plumb, when we discussed it with Mr. Plumb, of course he said that later on we could do what we want to as far as the land is concerned. Originally he thought that all his additional land there he would just keep in the County maybe because it is of his tax situation and so forth I don't know what it is Kenneth Prater_ _ Page 14 But that is a request he made of us. Mr. Richardson: I see but as far as your deed or contract there is no written Mr. Prater: Mr. Richardson Mr. Prater: restriction that bars you from annexing if you so desire. If we so desire Right, but what I was wanting you to understand there is that if Mr. Plumb put such a restriction on your deed you would be creating an island if and when the City of Greeley decided to annex No -- we would not stand for a restriction of that sort, we want to be in a position - after all we are not "againers" we want to join in. Mr. Richardson: Then you do understand that if you got the water or the sewer or both from the City of Greeley that the outside water contract or water the sewer contract that you sign carries the clause in it that you would have to annex to the City of Greeley when the time is ready. Mr. Prater: As I pointed out to you I don't think that we should be given any more consideration nor any less. That a man right down here just opened a big super market that is receiving water and sewage from the City. Mr. Richardson: I am pointing out to you that the City of Colorado Springs had this very problem - just like you are proposing here - and the sub -developer felt that he would become an island and would not use their facilities and it came about that he had to use their facilities for a price. Mr. Prater: That is what we were told, we would have to pay 65 percent more Kenneth Prate Page 15 Mr. Richardson: The case was taken to the Supreme Court and the Supreme Court held that any municipality may put any conditions that it wish upon the use of their facilities so forth and so on so what I am simply pointing out if you do get together with the City on either water or sewer you are going to run into that restriction in the contract - which is the same restriction that Colorado Springs had and was upheld by the Colorado Supreme Court. So I just wanted you to he appraised of the situation Mr. Prater: Actually you are putting me in a position of telling me, that here I have applied to the County for zoning and you are turning around and telling me I am going to join the City whether I like it or not. Now let me point out here. As I say I think this is a County matter. I also know this I can build a building up there but I must have adequate water and adequate sewage wherever it comes from wherever I get it --- I know this before they allow me to open those buildings - I am going to have to have it. Mr. Richardson: So you are answering your question for me - in that you can drill you own well you don't have to buy your water from the City - you can have your own leaching field. Mr. Prater: I am saying this I feel this way about it - I still feel a man has a right to his land and when this County has control of this matter I do not think we should be put in a position and told in so many words You come in the City it is good busines zoning - if it stays in the County it isn't good business zoning. Now somebody is wrong - now the City is perfectly willing to go along with this and say it is good zoning as long as we will agree to certain things. but I think we have certain rights and I think it has gotten to the point that you must stand up for those rights as a landowner Kenneth Prate Page 16 Mr. Richardson: I agree with you there - I am not arguing with you there Mr. Prater: Yea -- we will supply adequate sewage and adequate water and I say if it comes up in the County we are not going to be able to open those buildings until such a time as we do it-- have adequate water and sewage. I don't know what the County Commissioners think maybe they want us to go into the City. But we came here in good faith it is County property Mr. Richardson: That is right sir but I am trying to inform you on how this water obtained for the City - the County is involved in the future Mr. Prater: As I told you they tell me that water down there in those wells is awfully sweet, sweeter than the City water. We want to cooperate in every way but we would like to get our building started too. We have a time schedule with these people. After all we have national concern that is sitting on a lease. They are not going to allow you forever to jest string this out. They are going to go down somplace else. They are going to say we can't wait. So we have a time schedule. Mr. Richardson: I was only trying to explain to you why - or where this water supply comes from and why the City and County are tied together to an extent but if you are not interested in where the water supply comes from - to know why this tie-up then we won't go into it Mr. Prater; Of course as I say we want to cooperate and we will cooperate If the County Commissioners say we will zone it and you run to the City immediately we will have to do that. If that is what they want but I think the County needs the tax base, I think it is a County problem and I think the County needs the money. I think Lhis idea that the City must gobble up all the money and the tax Kenneth Prater- Pane 17 money all the time or everytime some development comes I think this is wrong. I am not beligerant ablaut this but I do believe we have a pointthat should be considered. Mr. Mosier: Mr. Prater has made several statements and has referred to Gordons Food Markets several times. Gordons Food Market is not zoned in the County and so has no refercne to that. Another was on the tax base regardless whether it is the City or the County - the County will get same tax base. Another point on the City Planning Committe minutes . I was in at that meeting and I was shocked when Mr. Jayne wrote up the minutes just the opposite of what took place in that hearing that day. They were corrected and there was no heat or anything else put on - it was just pure error as far as Mr. Jayne was concerned and unfortunately he could not be contacted since he has or had written the minutes he had left the City employee and moved into Washington. It was through Mr. Dicktor that the liquor question was brought up. One of his shopping centers in Denver they gave us a clipping of it and there was a picture in there right in the middle of the picture was the work liquor written out there, you couldn't 'delp but see it m the picture and in the article - and that is how the liquor question was brought up. Mr. Prater: May I answer that for you in this way Mr. Dicktor remodeled that center there are 38 stores in that center, There are 38 stores in -Li at center, there are also the Welco stores building 113 thousand square feet along with other stores in the 17z acres. It is a large regional center and he took pictures of all different types of fronts and stores that were put in there. Yes he has a liquor but that has nothing to do with us in this particular instance we are certainly not going to duplicate what he did down there. Kenneth Prates _ Page 18 Mr. Mosier: I wanted to clear how the liquor question was brought up. It was through your suggestion not the Planning Commission Mr. Prater: Well as a matter of fact you asked me at the table that day about liquor and I told you that we had not even given it any thought. Let me ask a question here now you say that Gordon Food Market does not have any zoning down there. Mr. Mosier; Mr. Prater: Mr. Mosier: No It is still business whether he has any zoning or not he is still operating a business and that is what we are asking for is operating a large food market. I don't how you can get by perhaps it was a use and so forth and no one did anything about it and he has gone ahead with the use of it but at the same time it is a business - its a large business and its doing a good business. n I think this is irreverent because you will hear them talk about other business in town. This is zoned and that isn't and that is the question here before us today or before the Planning Commission whether this should be changed to a business zone. And as far as the tax is concerned when these fellows go out of business then the county looses the- tax base and just because you happen to have a building there that isn't bringing any money in as far as taxation is concerned. Mr. Prater: You have a real estate tax. Mr. Mosier; Well a small amount but your inventory tax on your material in the buildings Kenneth Prat — Page 18 (• Mr. Prater: We can be theoretical about all these things we can say this store is going broke, that one is going broke, this one will be successful today - we don't know about tomorrow. The only thing we know is we can use our good business sense. If we are willing to make the investment that we are making and I do not think that it is irrevelant to say that the Gordon Food Market operating as a business even though it is zoned it is business zoning or he has no zoning in the United States Supreme Court upheld by Davidson Chevrolet on South Colorado Boulevard when they built the Davidson Chevrolet Building yr. there with the City of Denver and they built it and the United States Supreme Court upheld the building of that building and the continuation of that business. I believe in good planning and we are going in this with good planning. I have had a lot of experience with good planning. I managed many large shopping centers, I am the State Director for the National Council of Shopping Centers which is our work organization of the whole organization. The thing about it is that we are not going out therejust to stick up a few more buildings, we are going out there to make a success out of this and we feel that the people in the area demand it. Mr. Palmquist: I would like to make a general statement I have not discussed this with Mr. Richardson but when we do change a zone to business etc. We should take some look is this going to be built - I know we say it it going to be developed - but what is going to be developed and how soon - in other words if we change to a business zone, this is generally this does not apply to Mr. Prater only - I am thinking out loud - that we should be able someway to have some assurance Kenneth Prater Page 13 that will transpire in a certain period of time. Now I won't make any further comments on that because it is not my place to - I will take that up later with Mr. Richardson at a later date. But we should in zoning consider this step Mr. Shultz; Mr. Dunbar: Mr. Prater: Mr. Dunbar; Mr. Prater: Thank you Roland, Is there anyone else who would care to make a statement. One thing I would like to ask you yourself personally are interested in this as an agent for others - I will have an interest in it - we will not have the 100 percent interest it is to much for me to handle but I will have an interest in it. I will be active in the building of it, the leasing and the constant care of it and so forth. We feel that it will be a success its not going to hurt anyone its going to help perhaps Gibson in that area , it will help the whole area. Eventually that area is going to be developed into a larger shopping area. I think the day is going to come that people are going to find it as you get more homes in that area. In the future the highway -by-pass will miss the area. We understand that we cognizant of it but we are still willing to make the investment. Mr. Shutt;: We thank you for appearing here today, the Board of County Commissioners will take this under advisement. Hearing adjourned Deputy County Clerk Real Estate Sales and Devalc _ aerit P Suite 505, Western Federal Savings Building Denver, Colorado 80202 Ph: #244-6633 PRAYER & POWELL, INC. Denver, Colorado - 80206 axaeaaaalt June 23, 1965 Mr. Elmer L. Shultz, Chairman Board of County Commissioners Weld County, Colorado Weld County Courthouse Greeley, Colorado Dear Mr. Shultz: This letter is written to clarify my position regarding the remote possibility that I would apply for a liquor license on the property I am asking the County Com- missioners to approve the re -zoning of in West Greeley, Colorado. I wish to assure you gentlemen of the Commission that I do not and will not apply for any type of liquor license on this property for the sale of liquor. It was never my intention to lease space to anyone for the sale of liquor. May I thank you, Mr. Dunbar, and Mr. Odle, again for your patience and courtesy in the hearing of my Petition. Sincerely, nneth W. Prater KWP : and cc: Mr. Dunbar cc: Mr. Odle JUNE 21, 14165 New address for Kenneth Prater #6 Viking Drive Englewood, Colorado TWO EXHIBITS RETURNED TO MR. PRATER: Exhibit 2 - 102 x 14" Cardboard drawing of Guide for Growth City of Greeley Drawing of the proposed shopping center ( 172" by 39") These were returned to Mr. Prater as per his request April 5th, 1965 CIA OF GR€FLFY B. H. CRUCE CITY MANAGER OUR FILING NO. YOUR NO. O. L. SHAFFER DIRECTOR OF WATER 8 SEWER Mr. Kenneth W. Prater 750 Peoria Aurora, Colorado Re: West Greeley Shopping Center Dear Mr. Prater: A 6 inch diameter water line and an 8 inch diameter sanitary sewer line is available on 9th Street at the approximate west line of 36th Avenue Court. Water pressure is this area would be between 35 and 40 pounds. OLSi gk Yours very truly, i it x- 0. L. Shaffer Director of Water and Sewer Cfy ff GREE�Ey GREELEY, COLORADO B. H. Cruce City Manager and Director of Planning L. E. Jayne Planning Aid April 8, 1965 Mr. Kenneth W. Prater 750 Peoria Aurora, Colorado Re: West Greeley Shopping Center OUR FILING NO. YOUR NO. Dear Mr. Prater: At the April 7th, 1965, meeting of the City Planning Commission the Commission took the following action on the West Greeley Shopping Center: A motion was made by Bud Etherton and seconded by Denver Wiggins to approve the preliminary plat of the West Greeley Shopping Center. The motion was subject to the final street dedication plat being submitted and the area being annexed into the City of Greeley at such time as the developer starts construction. Also, to recommend to the County Planning Commission to change the zoning from an Estate Zone to a Business Zone. Sincerely yours, LesJayne Planning Aid 1. It is undesirable to develop the land as it is presently zoned as an area adjacent has been adapted to business use, and the close proximity of Highway 34 does not lend the land to resi- dential development. 2. The land is located with ready access from the susporting residential area, which will allow a development that is need- ed and desirable for the area, and the need for expansion of the area, which is requisite for healthy business progress.. 3. Yes, without a question we will offer customers a. pleasant place to shop, with architecture throughout the area controlled so that the buildings will complement the area with proper landscaping, the combined beauty will be an asset to adjoining lands. 4. With the development of the Gibson Store and the adjacent busi- aess, this is the most desirable land, as it is a continuation of the business zoning to the West, and is not snot zoning This is a well located site that can be adapted to good develop- ment, and is the logical site to rezone. 5. This area has the characteristics important to success of a develo _-mcnt . With all of the favorable factors such as avail- ability, size of site, shape of site, direction of growth, traffic, ?opu r.at ion accessabi i .ty with off-street pirkin<, 6 C'laaging coaditi.ons in the area with the trend to suburban living, shopping needs, change When, at one time, it was traditional to do all "shopping goods" shopping in the central bus{near district, it is now accepted practice to do so at a convenient shopping center In earlier years. the automobile was not used extensively for shopping Today, it is i_ndesspen- sab to . Such shifts in shopuina Bract ices have contributed to the changing conditions in this area, 7 This area has experienced a phenomenal sales growth the past year. With this growth has come the need and deniaad for the expansion of the land devoted to business use The experience and foresight of a wise developer, who is willing and able to purchase the land and risk his capital to develop this land with improvements that will be making a significant contribution to the tax base of the county 8. There will be a National Super Market as well as several small stores and shops It will take approximately sixty (6u) days after rezoning to prepare plans and specifications with con- struction to start approximately one hundred and twenty days (120) later, with completion of Center within twelve (12) months • BOARD OF COUNTY COMMISSIONERS Weld County Courthouse GRtELEY,-CdtORADO 80631 ck sed �euatao�a heo acoreroLeft tio 844�1a ticOffice j te re ?+n tGa! CERTIFIED No. 8:503E MAIL Norman & Ma .uarite Ruyle R k . t -Box - Creole Colorado UNCLA ORDER EXPI from the office of ii;L BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Greeley, Colorado Jena 7 , 19__Itcp • Enclosed is a notice of a tiring for a Change of Zone. Since your land is adjacent to this property we are required by law to send you the enclosed notice. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 6!,11411 Ai2-12) ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD W. Adams By: Deputy County Clerk M OTICE PURSUANT TO THE ZONING LAWS OF THE STATE OF COLORADO, THE WELD COUNTY PLANNING COMMISSION RECOMMENDS AND CERTIFIES TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, THE DENIAL OF CHANGE OF ZONE FROM "E" ESTATE TO "B" BUSINESS IN THE WEST GREELEY AREA AS REQUESTED BY KENNETH W. PRATER, SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: Part of the Wj- SEj of Section 2, Township 5 North, Range 66 West of the 6th P. M.: Beginning at the SE corner of Section 2; thence W following Highway 34 to the SE corner of the WjSEf of said Section 2, a distance of 1435.21 feet m/1 to the true point of beginning; thence N O1°18'00" E along the east line of the W4SEj of said Section 2, a distance of 485' m/l to the center of West 9th Street; thence W along the center line of the proposed W 9th Street extended, 640' m/1 to a point; thence S O1°18'00" W to the S line of the WLSE; thence N 83°52'30" E along the S line of the W4SEt of said Section 2, to the point of beginning; containing 7* acres m/l. A PUBLIC HEARING WILL BE HELD IN THE OFFICE OF THE BOARD OF COUNTY COMMISSIONERS IN THE WELD COUNTY COURT HOUSE, GREELEY, COLORADO, ON WEDNESDAY JUNE 16, 1965 AT 2:00 O'CLOCK, P. M. DATED THIS 12TH DAY OF MAY, 19b5. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK 8. RECORDER AND CLERK TO THE BOARD The Greeley Booster May 14 & June 4, 1965 BOARD OF COUNTY COMMISSIONERS Weld County Courthouse GREELEY, COLORADO 80631 CERTIFIED No. 8 5033 , '1 iektk '4 ayr oe ^b �v► J. L $ Hazel Bruckner a4, str -- . Groalcyy Colorado from the office of TEE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Greeley, Colorado June 7 , 19 65 Enclosed is a notice of a hearing for a Change of Zone. Since your land is adjacent to this property we are required by law to send you the enclosed notice. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ANN SFOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD By; N. Adams Deputy County Clerk NOTICE PURSUANT TO THE ZONINC L.A'rL, )F TIE STATE OF COLORADO, THE WELD COUNTY PLANNING COMMISSION RECOMMENDS AND CFRTIFIHS TO THE HOARD OF COUNTY COMMISSIONERS OF WELT= COUNTY, COLORADO, T:IE DENIAL OF CiiAN:lE OF ZONE FROM "2" ESTATE TO "B" BUSINESS TN THE WEST GREELEY AREA AS REQUESTED BY KENNETH W. PRATER, SAID PARCEL MORE PARTICULARLY DESCR rBED AS F )Lf O!:JS: Part of the W* SE4 of Section 2, Township 5 North, Range 66 West of the 6th P. M.: Beginning at the SE corner DSection 2; thence W following liighwy 34 to the SE corner of the W*SEi of said Section 2, a distance of 1435.21 feet m/1 to the true point_ of belY1n;In; thence N 01'18'00" E along the east lino or the WISE* of said Section 2, a distance o: 435' rn/i to the center of West 9th Street; thence W alon;, the canter lire of the proposed W 9th Street extended, 640' m/1 to a point; thence S 01'18'00" W to the S lino of the W 1 SE4-; then:: N 83'52'30" E along the S line of the 104 -SE- osaid Section 2, to the point of beginning; containing 7t ar:ri m/1. A PUBLIC HEARING WILL BE HELD IN THE O'"FICE OF THE BOARD OF COUNTY COMMISSIONERS IN THE WELD COUNT( COURT HOUSE, GREELEY, COLORADO, ON WEDNESDAY JUNE 16, ] 965 AT 2:0f) O'CLOCK:, P. M. DATED THIS 1?T' DAB 3i' MAY, 1965. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK & RECORDER AND CLERK TO THE BOARD The Greeley Booster May 14 & June 4, 1965 Hello