HomeMy WebLinkAbout951183.tiffCHANGE OF ZONE APPLICATION
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
Phone (303) 353-6100, Ext. 3540, Fax # (303) 351-0978 7
App. Ch'd By: (4 Case Number. OI-g-171X
App. Fee: I lid - (�� Receipt Number OIL
Record. Fee: Receipt Number.
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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 Change of Zone for the following described unincorporated
area of Weld County, Colorado:
LEGAL DESCRIPTION:
Lot A of Recorded Exemption 1680
(If additional space is required, attach an additional sheet)
PropertyAddress(ifavailable): None assigned --Applicant believes address will be 905 59th Avenue,
PRESENTZONE C-3 / A PROPOSED ZONE C-3 TOTAL ACREAGE Apx. 1.3 Greeley, CO
acres, more or less
OVERLAY ZONES None
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: The Louis J. Brighi Fourth Family Limited Home Telephone #: 353-9966
Addresst:300 Polomar Drive Partnership Bus. Telephone #:
Greeley, CU 80b54
PROPOSED OWNER:
Name: Rudolf G. Danford
Address: 2308 Fairway Lane
Greeley, CO 80634
Home Telephone #: 330-G33G
Bus. Telephone #: 353-7847
I hereby state that all statements, proposals or plans submitted with this application are true and correct to the best
of my knowledge.
FEB 0 2 1995
Plannin0
•
C
Signature: Oy/ner or Authortifd Agent
9511a3
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EXHIBIT
GLEN DROEGEMUELLER, P.C.
ATTORNEY AT LAW
822 SEVENTH STREET • SUITE 330 • GREELEY, COLORADO 80631 • (303) 353-9599 • FAX (303) 353-9597
January 30, 1995
Hand Delivered
Department of Planning Services
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, CO 80631
Dear Madam or Sir:
Accompanying this cover letter please find an Application for
Change of Zone for Lot A of Recorded Exemption 1680. The present
landowner is The Louis J. Brighi Fourth Family Limited Partnership.
The property will be conveyed to Rudolf G. Danford upon the
recording of the Recorded Exemption Plat, and Mr. Danford is
joining in this Change of Zone Application for purposes of
complying with the conditions of approval of that recorded
exemption.
In the Change of Zone Submittal Checklist, there is discussion
of submission of three copies of a mineral resource statement
prepared by a certified geologist, a document which shows evidence
of adequate water supply and a soils report. That documentation is
not being provided for the following reasons:
1) There are no commercial mineral deposits located beneath
the property, and it is the Applicant's position a mineral resource
statement is unnecessary if mining is not contemplated.
2) A condition of approval of Recorded Exemption 1680
regarding Lot A was that domestic drinking water would be brought
to the site in bottles and all other domestic water needs would be
serviced by a cistern to be built beneath the property. Further,
at such time as a domestic water line is extended in 59th Avenue,
the conditions of approval of the recorded exemption require the
then -owner of Lot A to connect to a domestic water service system.
As a result of that condition of approval, the Applicant feels no
additional information regarding adequate water supply needs to be
submitted in this Change of Zone Application.
3) In lieu of a soils report, the Applicant is submitting a
soils report prepared by the Agricultural Soil Conservation
Service, Greeley Field Office.
951183
Department of Planning Services
January 30, 1995
Page 2
Other than those modifications, it is the Applicant's belief
that all information necessary to process the Change of Zone
Application has been submitted.
Sincerely,
I.u-Q 6P,tuc_l L
Glen Droeg ueller
Attorney at Law
GD:sjr
Enclosure
951183
ANSWERS TO REZONING QUESTIONNAIRE
1. It is the Applicant's belief the proposed zoning change
is consistent with both the Weld County Comprehensive Plan and the
City of Greeley. Comprehensive Plan with respect to C-3 zoning.
Property located within the City limits of Greeley immediately to
the east of Lot A has been zoned for commercial purposes. Property
to the south of Lot A has been zoned C-3 and is partially
developed. It is the Applicant's perception that the area to the
south, west, north and east of Lot A are all properties in
transition in which commercial development has either partially
occurred or will occur within the next 5-10 years. At the time of
this application, domestic water and sewer lines have not been
extended in 59th Avenue, and that has limited the development of
all property in the area. The Applicant believes growth pressures
in the western portion of the City of Greeley and in the area
immediately to the north and west of Lot A will likely cause those
public facilities to be extended within the next 5-8 years.
Because of the terrain of the property immediately to the south and
west of Lot A, this type of commercial development on Lot A will
have limited impact, and it is unlikely that commercial development
will extend from Lot A to the west because of the topography and
other existing uses. It is also the Applicant's belief the
rezoning would not create traffic problems because there is
sufficient access on 59th Avenue, and the Applicant has conferred
with the Colorado Department of Transportation about the
possibility of having to move that access to accommodate the
widening of 59th Avenue and a turn lane into West 10th Street.
Both those actions could be accomplished without creating traffic
hazards. The Applicant's proposed use is to build a retail
commercial store for the sale of flooring materials and wall and
window coverings, and it is highly unlikely that the traffic from
that commercial business will create any type of negative impact
upon public facilities. Because the Applicant believes the area is
an area in transition and because the Applicant has entered into
agreements with the County to cooperate with any widening of 59th
Avenue and connect to domestic water and sewer services as soon as
they are extended, the Applicant feels the proposed rezoning is
appropriate.
2. The proposed use for the property is a commercial retail
business which sells flooring materials and wall and window
coverings. The property immediately to the south of Lot A is zoned
for commercial development and has two established retail
locations. The property to the east of Lot A is zoned for
commercial use within the City of Greeley but is not presently
developed. The property to the west of Lot A is zoned both C-3 and
agricultural, and no commercial use is in existence. The property
to the north is zoned agricultural. It is the Applicant's position
that the proposed zone change is consistent with either existing or
proposed commercial development in the area and is compatible with
all proposed or existing land uses in the area.
951183
3. The property will use a septic tank system until such
time as public sewer facilities are extended to the area which
would make it feasible for the Applicant to abandon the septic tank
system. The Applicant has agreed to attach to public sewer
facilities as soon as those facilities are extended to the area.
4. The Applicant has agreed to provide bottled water for
domestic drinking purposes and to build a cistern for other
sanitary uses of water until such time as domestic water lines are
extended in 59th Avenue. The Applicant has agreed to attach to the
domestic water line extension in 59th Avenue as soon as that
extension is complete. Fire protection for the property is to be
provided by Western Hills Fire Protection District on the same
basis that fire protection would be provided to commercial
buildings immediately to the south of the proposed property.
5. To the best of the Applicant's knowledge, soils on the
property accommodate construction, and there are no severe
limitations which would be required to be mitigated prior to
construction.
6. Weld County Road 31 or 59th Avenue is the road which
would provide access to the property. The Applicant believes
access is adequate, and the Applicant has discussed the possibility
that access to the property will have to be relocated as 59th
Avenue and West 10th Street are modified by the Colorado Department
of Highways. It is the Applicant's believe that no additional
consideration will be required from the Applicant to upgrade the
road or highway facilities adjacent to the property.
7. To the best of the Applicant's knowledge, there is no
sand, gravel or other mineral sources on or underneath the subject
property. It is the Applicant's belief that no commercial mineral
deposit is contained on or under the subject property as defined by
Colorado Revised Statute.
8. It is the Applicant's belief the change of zone is not
located in a flood hazard overlay district.
9. It is the Applicant's belief the change of zone is not
located in a geologic hazard overlay district.
10. It is the Applicant's belief the change of zone is not
located in an airport overlay district.
2
951.183
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