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Home My WebLink About690382.tiffFINDINGS AND RESOLUTION CONCERNING CHANGE OF ZONE PETITION OF ROY AND ELMER LUNDVALL The petition of Roy and Elmer Lundvall, Weld County, Colorado, requesting a change of zone from "R" Residential District to "T" Tran- sitional District of four separate parcels of land located in Section Fifteen (15), Township Five (5) North, Range Sixty-six (66) West of the 6th P. M. , Weld County, Colorado, and more particularly described as follows, to -wit: Lots Nine (9) through Twenty (20), Block Fifteen (15), Highland Hills; Lots Eighteen (18) through Thirty-seven (37), Block Fourteen (14), Highland Hills; Lots One (1) through Six (6), Block Seventeen (17), Second Addition to Highland Hills; Lots One (1) through Five (5), Block Eighteen (18), Second Addition to Highland Hills; all as appear on plat as submitted and made a part hereof by reference, came on for hearing on Wednesday, August 20, 1969, and the Board of County Commissioners of the County of Weld, having heard the testimony and evidence adduced upon said hearing, and having heard the testimony, evidence, and the recommendations of the Weld County Planning Commis- sion filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicants failed to sustain the burden of proof as to the need for a change of zone, or that the present zone is erroneous or that circumstances warrant a change of zone at this time. 2. The evidence discloses that the present zoning is complimen- tary to the surrounding area. 3. Investigation shows that the inhabitants of the immediate vicinity of the area sought to be rezoned are predominantly opposed to the change of zone. 4. The evidence shows that there is a need for a study and development of a comprehensive plan for the greater Greeley area, which would include the area sought to be rezoned, and therefore, any rezoning of subject property at this time would be premature and not in the interest of good planning. 5. That each of the preceding findings in and of themselves, and independent of each other, constitutes a separate and individual ground for denial of the change of zone. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld has heard the application of Roy and Elmer Lundvall, Weld County, 690382 Colorado, for change of zone from "R" Residential District to "T" Transitional District of four separate parcels of land as hereinabove recited and made a part hereof by reference, and WHEREAS, said Board has made its findings on the evidence and testimony submitted to it, which findings precede this Resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, said Board has carefully considered the petition, evidence and testimony and the recommendations of the Weld County Planning Commission, and has made an investigation of the area, and given the same such weight as it in its discretion deems proper, and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED, that the petition of Roy and Elmer Lundvall, Weld County, Colorado, requesting a change of zone from "R" Residential District to "T" Transitional District of the parcels of land indicated above be, and it hereby is, denied upon each of the grounds set forth in the Board's findings therein. Made and entered this 3rd day of December,., 1969. BOARD OF COUNTY COMMISSIONERS WELT) COUNTY, COLORADO ATTEST: CLERK OF TVE BOARD -2- • i -i _/ =zit PETITION We, the undersigned, do hereby agree and petition the City of Greeley to authorize the change of zoning from R -1A, which is residential, to T which is transitional zone. We sign this instrument with full knowledge of the protective covenants that do exist on this property and we, the undersigned, further agree that said protective covenants may be removed from this property at this time. The legal description is: Lots 10, 11, :'. 14. 15, 16, 17, 18, 19 and 20, Block 15, Highland Hills, Weld County, Colorado.* name Address • i tom' r 4 � Zoz/ e&t, ,=-�— i •• • *and Lots 1, 2, 3, 4, 5 and 6, Block 17 and Lots 1, 2, 3. 4, and 5. Block 18, Highland Hills, Second Addition, all located in Section 15, Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado. Marshall Anderson: At this time Mr. Telep, will you make the record for this change of zone request. Mr. Telep: Thank you Mr. Chairman. Let the record show that this cause came on for hearing this day, August 20, 1969, at 2:00 P.M. as was pub- lished in notice and as this notice was published on July 18 and August 8,1969. Let the record further show that this matter is being heard at the request of petitioners Roy and Elmer Lundvall, 2484 51st Avenue, Greeley, Colorado, for a change of zone from R residential district to T transitional district- of several parcels of land in particularly described as follows: Lot 9 through 20 of block 15 and Lot 18 through 37 in block 14, Highland Hills, and Lots 1 through 6 block 17, and Lots 1 through 5 of block 18 Second Addition of Highland Hills, now located in section 15,township 5 North,range 66 West of the 6th P.M., Weld County Colorado. Let the record further show that the petitioners are not here in person are represented by council Thomas Richardson. Let the record further show that it is on trial in resolution dated June 3, 1969, of the Weld County Planning Commission when it re- commended unfavorably, 6n this petition for change of zone. Mr. Cahirman, I believe we are ready to proceed. Perhaps if the petitioner has a opening Mr. Chairman: statement or something why I think it is in order. Mr. Chairman: Mr. Richardson, do you have anything to say? Mr. Richardson: Mr. Chairman, I would like to make an opening statement and little I would like to indulge at this time in just a/longer opening statement normally than I/usually make. I thinkthe three people, and I mean no offense to probably anyone, have proved today that they/know more about this history and the situation of this matter than anyone, Mr. Cruce, Mr. Krow$ky, and my- self. Now, I hesitate to go ahead without them in hear because I think this is important. Mr. Chairman: Do you want to wait Mr. Richardson: Yes, We know what went on concerning this property. Mr. Chairman: We can take a two minute recess. 2 Mr. Richardson: I have just made the statement that I wanted to hold up until Mr. Billings got back because thereis quite a little bit of history around this piece of property and I felt that probably he should about hear. And I have made the statement that I thought there were&hree of us in this room, meaning no offense to anyone, that probably know more about this than anyone else, Mr. Cruce, Mr. Krowsky, and myself. And since I made the statement, Mr. Lundvall has come in. And I would have to list him in the four. This goes back, gentlemen, to the Municipal Gthlf Course that is now owned by the city of Greeley. This started out as the Chamber of Commerce project. The Chkmber of Commerce was to purchase this property from Mr. Lundvall. The negotiation that fell apart and the next party that became interested in the Municipal Golf Park was the city of Greeley. The City of Greeley then negotiated with Mr. Lundvall to purchase the property that is now known as teh Municipal Golf Course. Surrounding this golf course you will find residential property and I have placed in front of you a map showing you the North and of end of the Municipal Golf Course./whede the property in question. Today we are here asking for a change of zone on the property that you will see with a line drawn diagoniely through it. and saying on it proposed transitional zone. Now there are three basic pieces of property here involved. The property taht abutts on to twentiethS6treet , the property that abutts on to West Twentieth Street Road, adn the property that abutts on to West Twentieth Street. I think you'll find that on your charts on your maps that are there in front of you. Originally the request was made for the entire three pieces of property. When it appeared before the zoning commisision of the county the zoning commission of the county indicated that they were interested primarily in a possible change of zone on the property that abutts Twentieth Street. That is the property can that we/call A. They were not toomuch interested in allowing any change of zone on the property that abutts West Twentieth Street Road which we can call B. They're not numbered with those letters. Mr. Chairman: The one your talking about's got a 17 in the pr=pitx circle. Mr. Richardson: Right. Right; No, excuse me. tha's A. The one down below would be B. No the one thathas T -cord in it .. Mr. Chairman: The whole area? Mr. Richardson: Yes, we'll call that B and the one that has the 17 with the circle and 18 with the cirle, we'll call that C. That's over on your left as you look at your chart. Now the pieces A and C the commmission, although notmaking any formal statement, asked more questions and were 3 as far as the changes in zone was concerne< more interested inthose two pieces/than they were in the parcel marked B. Now, let's go back into the history. At the time this property was being considered for purchase by the city of Greeley the American Legion became interested, also. Now the Wmerican Legionsposition in this was that if the city of Greeley went along on this purchase for a Municipal Golf Course, it would be a fine thing for the American Legion. to have property close to the golf course and they were interested in furnishing the golf club house. So the American Legion negotiated with ih. Lundvall and they did purchase or add on option, three lots that form what we used to call the finger. Now, if you would go and extend Clubhouse you'll see Drive, which/meetdxbe on your map, down to the bottom of the map, approxi- mately, and where the American, and where the city now has a clubhouse , is the general area that the American Legion had interest. Now the next thing that took place, and these all kind of took place together, and I was in the middle of all of them, wearing about three hats, maybe four because I represented the American Legion, the City of Greeley, now I'm offering anybody else who'll whar the pants. Any way, we got all tangled up in this thing. And the American Legion was wanting a liquor licenseon this property. The American Legion was getting ready to adk the county commissioners for a license in this area. About this time the ministerial association got a hold of this and became quite concerned that the American Legion was going to get a liquor license in the heart of the Municipal Golf Course. And became quite perterbed with the City of Greeley that the City of Greeley would even consider purchasing this property from Mr. Lundvall for a golf course. Now mind you the golf course was started by Mr. Lundvall. He had done some work out there, quite a little bit of work, when he was working out a negotiated contract with the city of Greeley to purchase this property. Well, through a great deal of problems and conferences, the ministerial association has toebe compromised with. So, the American Legion agreed to give up these three lots that were setting down in the heart of the golf course, which is the extension of Clubhouse Drive. You don't see it on your map and I'm going to give you a little brochure that was handed out and it was entitle0,"The Greeley Municipal Golf Course". You will see therein ink the lot that the Legion had purchased from Mr. Lundvall. The Legion in order to help solve this matt �£lk�eemr i tnxtk87cxmxtax , aggreed to gime up their lots in part of the golf course and took their clubhouse on lots 28,27, 1, and 2. which you will find in black dye which is located to the left of the property designated as A. This was to solve the problem of having liquor on the golf course. And subsequently, the county commissioners allowed the Legion to have a liquor license at this location. Now, in order to do this the City of Greeley had to go a little further and Mr. Lundvall had to go alittle further with the ministerial association to assure them that there would be no liquor around the premises or around the golf course. So, the City of Greeley and Mr. Lundvall enured into an agreement in which Mr. Lundvall and covenants the City of Greeley agreed to put certain protective/taxasiagxon this property. One of them being that there would be no intoxicating li- quor ever sold, manufactured, or given away, in other words, it's the old Union Colony clause, on this property that surrounded the golf course. That would be the property basically known as, as far as we're concerned, A, B, and C. Now, they also lad to go further with the ministerial association and say that this property around the golf course would be zoned R-1 A, which is the Highland type of property that we have as you know. R-lAis the residential one -family dwelling property. It is the same as far as the county is concerned. Now, this was all entered into and done in order to solve the problem that had existed or that grew up with the ministerial association. I think I'm representing this correctly, gentlemen, I don't think there was any problem between Roy Lundvall and the Chamber of Com - merce of Greeley. I don't think there was a problem with Roy Lundvall and the City of Greeley and the American Legion. Because it was to the advantage of the city, to have had the American Legion down in the sopt they originally wanted because they were gdng to furnish tbb clubhouse. which at that time was would have saved the city considerable amount of moneyr to have the clubhouse furnished by another party. So, this was more or less a three-way arrangement between the Chamber of Conmerce, who was providing the push not the money, but the push, the City of Greeley who was providing the majority of the money, and the American Legion who was to provide the clubhouse. This all blew up when the ministerial association got into it. Now just as a side line, to show you how Ear these three parties tried to go, when this was worked out this far with the American Legion moving up to the spot that I designated with these protective covenants on it drawn up between the City of Greeley and Roy Lundvall. When we went to tie the knot, the Ministerial Association still was not satisfied. They wanted the American Legion then to move over here in the 5 area that I have designated as C. Herbert Mann, who some of you will remember, was representing them. After this happened, Her— bert Mann, withdrew, because he said you ministers made an agreement. I no longer want to represent you Now after it's worked out you want it again changed. So, So, this is the background of the protective covenants. Now gentlemen, I may haveemade a mistake upon the part of Mr. Lundvall by deciding where I should go first. Since this involves the county and it involves the City of Greeley I decided that the better way to plan it was to gome to the County Planning Commission first because the land was located in the county, Secondly, these protective covenants did not involve the county and so the proper thing to do was start at the county level. When we have finished with the county level, then ©urihext step was to have gone to the city. Now I may have offended and if I did, the city council by not coming to them first,/asafa, I'm sorry. It is a matter of judgment as to where you should start. I started with the county and I maybe should have started with the city council. Anyway, our position here is that we have come to the county and we have asked for a change of sone. We fully realize that this property has protective covenants on it. Our position is that these protective covenants are something apart and separate from zoning. We ask for transitional zoning because now if you'll look at your map or chart you'll lnotice that where across the street you have a scientific zone/fax Dura Business Machines is now located. You have across the street which is shown as the state zone and this has now been purchased by the college. By the mechanical college. You'll also notice that to the left as you face your chart and to the west of Dura you have another scientific zone which is owned by George Moser., and this area here, All of it to the north is going to be de- veloped as a scientific zone. Now, we felt bat this was natural zoning because to the right of the property known as A you have the nursery. You on down the road. have anursery there, to the right/'f tks You wil also notice that to the left of this immediate area marked A you have a transitional zone and it has been developed as such. The American Legion is on lots 28, 27, 1, and 2 and the Beauty Parlor is located on 26, 25, 3, and 4. So, it is not spot zoning, this is zoning that should fit very well into the overall plan of the county. Now, the area marked B is adjacent to the golf course we originally asked to have this area zoned transitional also, However, the planning commission in their di9cussion and with Trafton Bean felt that this might be going a little bit too far to zone this transitional. They asked me to representing Mr. Lundvall, if I felt that he would be willing to leave that residential At the time. I said that I felt he would that mainly we wanted area A changed to transition. Trafton Bean indicated at the hearing that this was good zoning. He felt that it would fit in with the zoning across the street which is the state zoning for the college, he felt it would fit in with Dura, and on down the road to what has already been' granted to George Moser. Now, as far as transitional zoning is concerned, on the area marked C, Note that area if you will. To the north of it is scientific zoning, George Moser, to the left of it is the Gas Company Booster isaxixe Station, and here we have alittle plot of land bordering on Twentieth Street whtth is. now zoned A-1. xxxxx As the attorney representing Mr. Lundvall, at the time that this agreement which incorporated the protective covenants, was made, and I would Like to call Mr. Krowsy at this time to abck up what I have given to you in a narrative form as to the history of this land. in becoming a municipal golf course ending up with protective covenants on it and why it is here in front of you this afternoon. Mr. Krowsky, would you please come forward. Mr. Krowsky: For the record, my name is Charles A. Krowsky, and I am an attorney and I practice in the city of Greeley, Colorado. I was the at- torney that represented Mr. Lundvall and negotiated the sale of the golf course to the city. At that time Mr. Richardson was the city attorney and Mr. cruce was the city manager. As Tom told you there was a great deal of controversy particularly centered around this liquor aspect. Mr. Cruce and I, maybe this sounds a little egotistical, but actually the truth of the matter is that we were the ones I think that were primarily in- strumental in developing a planning commission for the city of Greeley and adopting the initial ordinance of putting the plat on record of the major road plan which everybody screams about because the original put another entry on somebody's abstract. At the time that these protective covenants were put on record, the city council, Mr. Richardson, Mr. Cruce, Mr. Ludvall, and myself all acknowledged that none of us could look into a crystal ball and see what the future held in store. How the area was going to develope. The theory was and the theory is that planning is not designed as of legend to force things in one direction or another but rather to use as a tool to assist progress. Now, the reason to am- plify what Mr. Richrdson had to say, there were inducments, one of which Tom touched on, namely the Ministerial Association, and the other at was that/the time this area was to be zoned, it was impossible to contemplate what the eventual direction of the growth of the city of Greeley would be . It was anticipated that it would be in the southwesterly direction. It was impossible to anticipate what kind of growth would be required and how this thing would have to be modified. It was suggested that we go to the highest type of zone, namely, R1 -A, so that if the area did develope, as was anticipated with the homes adjacent to fairways on the golf course like they do in many areas, then we were already zoned. If it should develope that it should become desireable for mutiple family dwellings, for condominiums, which were just then becoming popular, for apartment houses, it was agreed that at that time depending on circumstances that then existed,that that existing city council could then take over the situation and say yes that we agree that the zoning should be changed. And for that reason it went R-1 because nobody knew what the future :.'held in store. Now, this hearing today is a matter first impression I did not you see, because/rat ky participating in the hearing before the plan- ning commission. But, and pehhaps I am indulging myself in things I shouldn't indulge, but it's my understanding that some members of the planning commission took the position that when the city bought the to be golf course, it bought these covenants which were/ perpetual and never changed. And that could not be farther from the truth. The city of Greeley, was interested in acquiring a golf course and the city of Greeley was interested in protecting the area around it. I don't think it was ever contemplated that the area around it would ever be rezoned to permit commercial use out of it. It was contemplated that it would be residential in one form or another, but not necessarialy R-1. But it was put R-1 because it had always come down. But it would be tough to rezone it RE -2 or RE -3 or RE -4 and then bring it back up to R-1. Now that is the basic reason why this was done. It is my understanding that we regardless of what the commissioners do, if they grant this proposed transitional zone, it is still upon Mr. Richardson to gp to the city council and say we want you to release these covenants, because these covenants were placed on record at the time that the golf course was sold. So it still rests in the power of the city council to say "No, we want it to remain R-1, just as it is now," or "Yes, we will permit duplexes," or "yes, we will permit condominiums," or "Yes, we will permit apartment houses." I think there is some aprehension that Mr. Lundvall got liquor in mind, which is, where I stand from his representations to me, could not be farther from the truth. He's interested in the mutiple family dwellings and apartment houses and con- dominiums the kind of thing that may seem desireable based on what the market shows, out in this particular area. I'm not going to dis- cuss with you the aspects of whether or not this constitutes good or bad zoning, because I understand the experts have already termed that. My only function is to tell you the basis on which the R-1 covenants were placed on record at the very beginning. To give you an example, the city co:.rcil in recent years has rezoned some areas adjacent to the downtown area as business, B-2. Well, by chance I happened to examine an abstract a couile of weeks ago of a, in behalf of a purchaser who wanted to buy a parcel of ground downtown, that he contemplated to use for busi- ness purposes. In examining the abstract, we discovered that the land had protective covenants on it placed on it in 1922. For the benefit of one seems piece of property, that lady still/owns the and objects to changing or releasing tjle covenants. So even zoned B-2, it can never be B-2 until those protective covenants are released. The same thing is true here. If the commission sees fit to grant the transitional zoning, then of course it is my understanding that the city of Greeley would be in;a position to say we will release the protective covenants on the condition that such and such and such and such occurs or that you don't build this or that you do build that. And that, gentlemen, is the story of my old Kentucky home, and I'll be glad to answer any questions that you may want answered. The one thought that I want to get out of head, and I don't know if it's in there or not, is that when the city bought the golf course, it forever and ever and ever without revocation boughtthese protective cove- nants, which insure that it will always remain R-1. Admitted to the city, if it sees fit to stand its grounds and permit it from being ever anything/but R-1, if it doesn't see fit to come off its posi- tion. This is not what was contemplated at the time of its zoning R-1, to permit some flexibility at the time in the future when the area developes, see what would be disireable in that particular area. I might go one step further now and make this a matter of record, because Mr. Lundvall has told me that he is not interested As far as he in selling intoxicating liquor on his property. ids is concerned, the intoxicating liquor covenants can certainly remain on his property. So what we're getting at is that really and truly I think the, and in planning all due respects to the men on the/commission, I think we got seared just a little bit of feel because the covenants were more in the forepart of their minds than the question of whether we should or shouldn't rezone the property. And, as Mr. Krowsky has brought out, in :;his illustration, nt*tind4R in the title opinion zoning really is subject to protective covenants. We've got to start somewhere, gentlemen with this problem and I still think that it would be proper to start here. Add ask that the zoning be changed. And, if the zoning is changed, then we go to the city of Greeley to ask can we modify the R-lA covenants. I think another thing is of ;interest and would bear out what Mr. Krowsky has testified to you and what I have told you. And if these covenants were not designed I don't believe, at the time they were drawn to be on forever and ever, with absolutely no change, because if you would note the sauna intoxicating beverage one which is what started the whole mess, "No intoxicating beverage may ever be sold, manufactured, or given away in a place of public resort on the premises until such a time as local action in the city of Greeley, Colorado, in the event that this specific covenant shall be null and void." Now here is the key covenant that brought all this about and we see that the door has been opened. So if Greeley would vote in liquor, this covenant would go by the wayside. I would like to get us back to the question of good zoning. I thank that this area here presents a good case for a change of zone, because you have gentlemen, on the north side of this entire piece of property A, as well_ as B, scientific zone, AimtsCollege,and Dura, and George Moser property. When you come from the south of the road what do you have? On the south side, you've got the American Legion, you've got the Beauty Parlor, and the de- 10 velopment of land is transitional as it sets today. You have this piece A that we are asking to be changed and to the east of it, you have a nursery. Now, I don't believe that this property will ever go residential. I don't believe you would buy it, I would not buy it to build a house between a beauty parlor and a nurser. And with Aims College across the street from me which is a mechanical college, and Dura already located. The property over here to the west is the property designated as C. Your not going to buy a lot there and build your home:, next to a Gas Company Booster Station. Nor are you going to buy across the road from George Moser where you know he's going to sell that and develope it for scientific zoned pur- poses. Forget the protective covenants for the moment, I think it is good zoning to allow transitional zone here. Mr. Lundvall is here and I don't know if he wants to say anything to the board or not. If he does, he is certainly welcome to do so. Unless he feels that we have covered the material between Mr. Krowsky and myself. Now this is our story. I know that the city is here. Dan and Bill are here to talk to :you about this. As I said before, if I made a mistake and offended the city, I am sorry, but we have to start somewhere and I decided the place to start was at the county. And we do know the covenants are here and I know personally as far as Ben and I are concerned , we know that. And we do know that and we know that it is something that has to be worked out. He's here on an official capacity representing the council. So probably at this time you'll want to hear from the city. Marshall Anderson: If there is anyone in the room who wants to speak for or against the applicaotyplease stand. Mr. Bolender. Mr. Bolender: Gentlemen, first of all we'll have Mr. Cruce give a brief statement then I'll have a few comments to make. Mr. Cruce Mr. Chairman, I'm glad that Tom wound up to saying that he wants to do this on a note of good zoning. Because this long speech about the liquor license really is not a part of this at all. And it may have been something, had something to do with the restriction. It really isn't the reason the city council sent Mr. Bolander and I over here to talk to you. We came over because we like good zoning. When these restrictions wereentered into there was a contract to purchase and in that contract to purchase with Mr. Lundvall, and the owners we had to agree 11 that we would maintain this golf course for 25 years. And that we would call it Highland Hills Municipal Golf Course. And it was all in the time when we were talking about this tit, sure, we wondered what would go on around it and there was no county zoning. So along with all the other conversations that Tom has mentioned, came in the idea of good zoning. And in discussing this with the council the other night they said we want this golf course protected because we've got to maintain it for 25 years. So we're certainly interested . I think there's an error on this map or we have slipped somewhere „because the exceptions were to be only those lots which have been sold or contracted for sale to others before this went on record. As I recall that his- tory, lots 1 and 2 and 27 and 28 which are the four right on the corner of Clubhouse Drive and Twentieth Street, were the lots which were ex- changed for the ones the city purchased in Block 16. Lots 9, 10, and 11 which doesn't show on this map I think are the lots the city finally purchased right across the street from the present clubhouse. The other lots there across from the Legion, Lots 3 and 4 and 25 and 26 are also exempt, and then lots 5 and 6 and 23 and 24. It does not go all the way out 7 and 8, 21 and 22. The last four are certainly within our covenant. These were excluded. The lots over kite here, lots 1 and 2 and 16 I don't know how they got in here because NHPQ was constructing at the time and someway we: said "Okay, it's an office building," and let it go. I don't know. I don't remember thhe story. I do remember very very definitely the history of Mr. Lundvall's and Mr. Bechtold came to convinced the city council with their legal advisors and they/RRktd the city council the nursery was an acceptable use in an R-1 zone. Because it was so in A}4es Acres and other parts of town. So this is not an exclusion, but tt was supposed to have been a building that could be converted to a residence and the land around it was going to be farm with the nursery. It was not and unconformed use. The council asked that we come over and express the council opinion. But I think one other thing I would like to put on the record here is that to acquire these covenants we put the water system in certain portions of this whole block, section 15, and that water system cost us $25000.00. Part of it was, of course, to serve the golf course. contract But we also serve alot of other areas. And, although the/rtxRsit doesn't say so, the protective covenants her', this is also part of the consideration 12 the city of Greeley at the time of the planning of protected progress. The protective covenants weze entered into by Elmer E. Lundvall, Gary E. Lundvall, Highland Park, Inc., and The City of Greeley in good faith and in my opinion in this zoning residential the only thing permitted and I have no idea what the county proposed transit zone means. It could mean most anything that's like the city zone. The only reason we heard about lils was the secretary of the planning commission sent me notice that this was a to be a hearing. And I'm sorry that we did not get a chance to talk to the owners ahead of time. But, let that be as you may. This R-1 is still good for what is out there at the present time. I don't want to go into the long history of liquor, because we all know that story. And certainly, I'm sure, nobody was trying to promote that today. With that, I'd like to. ask Mr. Bolander to take over. Mr. Bolander: Gentlemen, the city council of Greeley has authorized after being made aware of what was taking place at this hearing to appetite and specifically oppose it on behalf of the city council. I think the important thing here is, I'd like the record to show that these protective covenants are recorded in book 1594 page 462 of the records of Weld County. In addition to what the city manager has stated, I would suggest and recommend that the commissioners each protective read these/covenants because they were instigated, signed by the parties and are a complete document within themselves and there is no evidence at this hearing that these covenants should be set aside in any manor by any of the parties. In other words, there is no reason given here as to what specifically should be done or why, what is changed since that time. Nothing. We have a golf course out there, we have a resid- ential area around it. I'd like to read a couple sections of these protective covenants. They be§in: "Whereas the city of Greeley, Colorado, Elmer E. Lundvall, and Gary E. Lundvall and Highland Park, Inc. are the owners of the real property described in clause 1 of this declaration. This covers all the land that we are talking about today. In a desiruos of subjecting the property to the conditions, covenants, restrictions, and is and reservations here and after set forth each and all of which/are for the benefit of attached with the said property. And each and every parcel therof and shall apply to and bind the successors interests and any owner thereof. So these covenants not only apply to these owners, but to any 13 other owners in this area that these specific covenants apply to. And they set this out as one of their mein purposes. Now they state further here that with these covenants as herein set forth shall run with the land. Not to be modified by any other way and bind the present owner his heirs and assigneds and all parties claimkng by, through, or under said owner, shall be taken to hold, agree, and covenant the owner of said building sites his heirs and assigneds and with each of them to conform to and observe said restrictions, as to the use of the building sites and the costruction of improvements thereon." This is signed by all the parties here. I think it is entirely different to the situation where you have an old restriction that nobody knows anything about. The city of Greeley is a part to this and its been explained as tb why they're a part t this and they are now objecting to any modification of these covenants. If you read this whole docu- ment, I think it is a violation even to ask for a change. The only alternative that we have is to go to court on an injunction. I submit that you have covenants on the land and the people object to them and that the zoning is invalid and why should we have a change of zone and then we have to go into court to stop this type of activity. A subsequent city council, the present city council may in the future, if they sit down with the owners, may change their minds and make some modifications on it. I submit, gentlemen, that the primary benificiary to this protective covenant contract is here objecting and therefore I think this should be given considerable weight in determining what to do with this property. If at such time that the parties of this contract, all its successors and interests, desire that there should be some modifications, then after they modify this, then come to you and say "Look we would like to modify our protective covenants, would you agree to a change of zone?" This would be the proper and best method to procede. The city council is not offended by anyone not going to them first, but they were to explain this and we are here to oppose it and based on that, and the statements of the city council, and our city manager, I highly recommend that you deny any change in this until such time that the land is free and ready to be rezoned in any method 14 Mr. Chairman: Is there anyone else? Mr. Cruces Mr. Chairman, if I may have permission there is something I want to say. I think it is important to get the record straight and I am sure Ben is not mistaken other than his best recollectioniof the records. But I think it would do well to refresh the memory. The transaction pertaining to the covenants and the records of disertation Of $25,000 for the installation of the water lines is part of the consideration paid to the protective covenants. It is not exactly an accurate statement. There were five lots which the City of Greeley wanted to acquire. Mr. Lundvall wanted$30,00 for them and the City said that they didn't want to pay that kind of money. Mr. Lundvall said, "I will tell you what I will do, I will give you those five you lots and/build a water line there." This was agreed upon. So the' expense of the water line was not a part of the consideration for the acquisition for this property. The thing that I am bewildered about, and this is an awful position to be in, because I represent Mr. Lundvall and I am not his advocate in this particular hearing, and hnvkde .ndt I want to dispute Mr. Bolander's position. Let us assume for the sake of argueing with the Commissioners, grant the transitional zone. I don't see that it is incumbant upon the City Council to do one thing because it then becomes necessary for Mr. Righardson, and Mr. Lundvall on behalf, to go to the City Council and say, "Look what has happened to this particular piece of property, we would like to change this to a different zone"and the city is then in a position to say, " Well we are not going to grant you the change, you are stuck with RI -A," or they are in a position to say, "We will grant you the change en the condition that you do this and so, and thus and so." it is a question So/if you put the cart before the horse. Certainly it isn't suggested by Mr. Bolander, the City wouldn't find that it would be obligatory on there part if they were so inclined so start an injunctive action against anyone because Mr. Lundvall wouldn't be any closer to building or making improvements on the property in question until after the City Council has given its blessing and adopted an ordinance in which they would release there restrictive covenants. 15 The one thing that I wanted to make clear, to the best of my recollection in revewing my notes of the events that happened, the City of Greeley did not say, that they would pay or put in this water line in return for these protective covenants, they put in that water line in the manner in which they did in return for Mr. Lundvall makeng the gift of the five lots. No consideration was paid for those five lots. I think it then becomes a covenant if it is obvious that regardless what you do today or whether you take tinder advisement. Mr. Lundvall has a battle with the City Council to convince then that this is the kind of zoning that Eould be accomplished. But that is not your problem, I don't thing Mr. Lundvall and Mr. Riqhardson have to fight a battle on two fronts at the same time. He has one problem to re- solve and one to resolve before the City Council. The only time that theCityrCouncil would find it necessary to instruct its City Attorney to take any legal action is if you change the zone and then Mr. Lundvall sees fit to start the improve- ments without giving the release of these restrictive covenants, then he is in trouble. All the City then has to do is inforce its restrictive covenants and there back in the same business that they are in now. I do think that it is incumbant upon the City Council to look at the map and the manner in which it has developed and forget the protective covenants for a moment and ask themselves the question, "Is this for a good or bad zoning?" it is primary for us in my statement is that I feel very strongly that $25,000 about any suggestions was,part of the consideration which was paid for these protective covenants. The purchase of the golf course was an entirely separate transaction. The City wanted to be protected around the golf course and insisted upon protective covenants and would uphold justification. Then this question about this water linewhich bhe':city had to put in anyway was a secondary matter from what we were talking about now. I will answer any question that anyone might have concerning this matter. 16 Audience: Where are the five lots, I thought there were only three? Audience Mr. Mr. Chairman, may I make one statement? Protective covenants I think are important for a legistative body to look at. Out on 16th street there has been a number of applications to the city for a change of zone to permit clinics and we have consistently turned these change of zones down because of the restrictive covenants. In the application in the ci'y for a change of zone, we asked if there were any restrictive covenants, therefore if one got by and we didn't insert the protective covenants it is an important consideration and I think our best witness here are Mr. Richardson and Mr. Karowsky because they have both spoke for good zoning amd this good zoning was around the municipal golf courses, housing You go anyplace any you will all findthat this it is a good zoning to keep it that way. (single family housing). is a trend and certainly Mr. Chairman: I would like to ask one question. Who has the 25 year maintenance on the golf course? I think Mr. Bolander brought out that the time wasn't right, when do you propose that the time would be right? Mr. Cruces I think that that is a 64 thousand dollar question. Mr. Bolander: I think the answer to that question, Mr. Karowsky put it very well, he is asking you to say "Well go ahead and rezone this and go back and see the City Council rezone this the same way." We are here opposing it on the information based on the information we have today because we don't think it is right to be zoned this way or we don't think it is right to have a violationof the now if at such time in the future that the City Council owners decide that it is time for a change of zone then to be presented to whatever legislative body that is in that time. The council at this point has instructed us covenant, and the I think it is control.at to resist it because we do not feel that a change of zone should be made at this time. 17 Mr. Billings: I would like to ask a question at this time. As I am Looking at this map it looks to me like the City Council needs to look at it. This was done before I came to office but it looks to me like we have Aims College over there and now we have Dura-Machines and another scientific zone and they are all lined up in line with the golf course. A multiple housing area any better or any worse than a scientific zone right acress from the golf course or a college acress from the golf course. In looking at this map it comes to my mind, I would have to agree again that the City Ckouncil, before making any statements about what should or shouldndt be done that they would study this map first. It look to me like there has been a complete change gf this whole area. Mr. Cruce: Mr. Chairman, I think this is what I am trying to drive at here is that the procedure might be that you take this under advisement and the City Council review again what the prokety owners and that they can reach a n agreement and so advise you. It puts us in the position that if you grant the zone ichange then we have to enforce the covenants. All you have to do is to take this under advisement and we can find some agreement to release the covenants. This might be a solution without getting all Audience: Agreed, but you aren't going to bring a law suit until Mr. Lundvall starts to build. We get the impression, and I don't think that you mean this, but if the Commissioners grant the zone change you are going to sue right away to make sure that Mr. Roy Lundvall doesn't do anything. You aren't going to be in court until, you are going to go to protect your covenants after he starts to do something. If he sits out there and does nothing you have no action. Now, T don't want them to get this impression, "I am threating the Commissioners and that if you change this zone we are going to sue and make sure that Lundvall doesn't build. You are not going to act that `est. You are going to act if Mr. Lundvall fails to come to the City Council and trys to negotiate and trys to build something without the Cities permission. You are not going to do anything if the Commissioners simply grant the zone. 18 Audiences May I ask Mr. Billings a question just breifly? We didn't see the map but we are familiar with the area, and it is in small lots. It is not in large lots. Anything that is designed as one family, residential, rural area. In as much as we are familiar with it we think it should stay that way, at this time. I agree that maybe someday in the future but we also thing Mr. Chairman that we also have some respon- sibilities to the people who have bought property around this, expecting the City of Greeley to keep their property protected. We feel that there is some obligation on the part of the City to do this. s Mr. Cruces Mr. Chairman, I have to leave and I have no further comments. I have explained this situation fully and we would be willing to work with the property owvers and the Commissioners in any way that we could. I have another meeting so will you excuse me. If it will help the situation any as I have said, Mr. Lundvall had stated to me at one time, that we are primarily interested in the area marked "A" and the area marked "C". The area marked "B" definitely does border the golf course. However, the pieces that I have mentioned to you "A" is inbetween these areas and across the street from Aims and Dura Machines, and area "C" does border the golf dourse one one part but one the west is a gas station. If it would help matters any we would withdraw the area marked "B". Mx. Chairman: Mr. Billings: Mr. Anderson: Mr. Chairman: this. Are there anymore to come before this hearing? Mr. Chairman, I move that we take this under advisement. I second that motion. Alright, with that I will call this hearing closed on '1rtlny.Go%'J. niatv t Mit .q, ass NOTICE �;�,.... „ Pursuant to the, zoning kiwi Of the State of Colorado, a public heating will be held in the office of the Board of County Commis- sioners of Weld County, Colorado, Weld County Court House, Gree- ley, Colorado, at the time speci- fied: All parsons in any manner interested in the following propos- ed change of zone are requested to attend and may be heard. DOCKET NO. 17 Roy & Elmer Lundvall 2484 Fifty-first Avenue Greeley, Colorado DATE: August 20, .1969 TIME: 2:00 P. BE "R�dChange of Zone from' ppW District to "To Transitional District Lots 9 thtoi4i 20 of Bieck 15 and " Lots 18 %musk "$7 in Block 14, i; ghLnd Hills Lots --1- through & Block 17 and Lots 1 throw 5 of Block. 18 Second Addition of High- land Min Ali located in Sec- tion 15, Towneltip 5 North, Range 66 West of the 6th P. It, Weld Cooky, Colora- do. Dated: July 16, 1969 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Published in The Greeley Boos- - orgy 18 and .,,A IA 6. 1969. NOTICE 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 and may be heard. Docket No. 17 Roy & Elmer Lundvall 2484 Fifty-first Avenue Greeley, Colorado DATE: AUGUST 20, 1969 TIME: 2:00 P. M. REQUEST: Change of Zone from "R" Residential District to "T" Transitional District Lots 9 through 20 of Block 15 and Lots 18 through 37 in Block 14, Highland Hills Lots 1 through 6 Block 17 and Lots 1 through 5 of Block 18 Second Addition of Highland Hills, All located in Section 15, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado DATED: JULY 16, 1969 To be Published July 18 and August 8, 1969 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BEFORE 1. WELD COUNi'f, COLOR/Wu PLANNING _JW ISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. Z-132 Date ,rye . 1969 APPLICATION OF Roy and Elmer Lundvall, c/o T. A. Richardson, Attorney Address 9224 9th Ave., Greeley, Colorado Moved by Leonard Bartels that the following resolution be introduced for pas- sage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for rezoning from "R" ( Residential District to "T" ( Transitional District) of Highland Hills and Alt Highland Hills, 2nd Addition covering the following described property in Weld County, Coloraoo, to -wit: Lots 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 of Block 15 and Lots 18 through 37 in Block 14, Highland Hills. Lots 1, 2, 3, 4, 5, 6, of Block 17 and Lots 1, 2, 3, 4, 5, of Block 18,Second Addition of Highland Hills /1/1/ t, �. f ( .h f'< Y,' 4.A/0A Y4, A /1 N` 6: ` c‘, J I y c f/ y 4c 6 f( /0 M. / I/ J i iv r i ../ 1 r; S X 7 ,! i /, 4 A be recommended flimulk fix(unfavorably) to the Board of County Commissioners for the following reasons: There is general lack of justification. Motion seconded by Ronald Heitman Vote: For Passage: Leonard Bartels Ronald Heitman Philip Bowles Henry Brunner Against Passage: 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 CERTIFIO1T0N OF COPY I, Dorothy Hill , Recording Sec:xetary of Weld County Planning Commission, do hereby certify that the above and fcregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on _June .27-1969..... , and recorded in Book No. Page No. . proceedings of said Planning Commission. Dated this 3rd day of , of the 19 67 .1 . ,L�- z�... ;T..... . Recording Secrefi/ry, Weld County Planning Commission PC -Z-006 File contains oversized map Please see original file December 12, 1969 CERTIFIED MAIL Mr. k oy Lundvatl 1937 15th Avenue Greeley, Colorado 80631 M r. Elmer Lundvall 4545 Kiowa Drive Greeley, Colorado Gentlemen: neference is made to your subdivision known as Highland Hills `•ub- division, located in ection 15, Township 5 North, Range 66 Vest of the 6th P. M. , Weld County, Colorado. If you will recall, on or about January, 1961, the Board of County Com- missioners of Weld County, Colorado, adopted a Resolution approv- ing the filing for record of said subdivision and accepting the streets and avenues for maintenance by the subdivision would be built nhbCounty; ivn with iltin compliance the under- standing that all road with Veld County Road Specifications. It is my understanding that the office of the Board of County Commissionths, ers has received many complaints, re esipecially such horrible the condition that o vehicular t the roads in said 5ubdtvisio traffic is almost impossible at times. Pursuant to said complaints, the Board of County Commissioners i leterrrined that an tthese complaints to be made of the roads in said subdivision and hasd are justified. in view of the above and the fact that the Board of Veld County Commis- sioners is greatly disturbed over the situation, 1 have been requested Mr. Roy Lundval k Mr. Elmer Lundva1l December 12, 1989 Page Two by the Board to write this letter to each of you advising the serious- ness of the road conditions within your subdivision. I have been further requested to advise that you accept this letter as NOTICE to you that no further building permits will be issued for any structure within said subdivision unless the roads therein are brought into compliance with tx. eld County Road Specifications. If you have any questions in this regard, do not hesitate to contact the eld County Planning Commission or this office. Very truly yours, Samuel S. Telep County Attorney ccT: jo Cc: Veld County Planning Commission 4= eld County Board of County Commissioners fizactijk.. O1.& Affidavit of PuAication STATE OF COLORADO, County of Weld, }SS. Mildred S Hansen of said duly sworn, say that I amtthe y f(D blisher)n(editor) (advertis- ing manager) of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the city of Greeley, In said county and state; that the notice or advertisement of which the an- nexed Is a true copy, has been published in said daily newspaper for one day; that the notice was published in the regular and entire issue of saidnewspaper,and In the newspaper poper and nonsupplement thereof: that the publication of said notice was contained In the issue of said newspaper bearing date 22nd day of June A.D. 1962 that said The Greeley Daily and The Greeley Republican, asbeen pub- lished continuously and uninterruptedly dur- ing the period of at least six months next prior to the issue thereof containing said notice or advertisement above referred to; that said newspaper has been admitted to the United States malls as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper Is a daily newspaper duly qualified for publishing legal notices and laws r of ithe advertisementswithin of Colorado. meaning of the Colorado ( lisher) (Edtter) 4Advertiel -Mif•) Subscribed and sworn to before me this 7th day of August A.D. 19 62 My commission expires Notary Public. File contains oversized map Please see original file Hello