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HomeMy WebLinkAbout690009.tiffcg 74- 794 DEC 21 197b Recorded at ._...._...._____... o'clock ..,j' M': 7 Rec.. No 6�.� Mary Ann Feuerstein, Recorder O(77�* —I RESOLUTION ) WHEREAS, a public hearing was held on Thursday, December 11, 1969, at 11:30 a. m. in the Chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of hearing a petition of the Weld County Planning Commission, requesting a change of zone from "R" Residential District to "A" Agricultural District, of a parcel of land described as follows: TRACT C: A tract of land located in the W+ of Section 10, Township 5 North, Range 66 West of the 6th P. M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Center Corner of said Section 10; thence South, -along the East line of the West Half (W'-,-,) of said Section 10, 1, 275 feet more or less, to a point which lies 1, 320 feet North of the South cuarter Corner of said Section 10; thence West 2, 060 feet, more or less, to a point which lies 566 feet East of the West line of said Section 10; thence North parallel to and 566 feet as measured at right angles to the West line of said Section 10, 2, 130 feet, more or less, to the Southwest Corner (SW Cor) of a tract of land owned by the City of Greeley; thence North 89°50'40" East, 750 feet; thence South 00°12'50" East, 801. 86 feet; thence South 89°50'50" East, 1, 307. 58 feet to the Point of Beginning, containing 74. 0 acres, more or less, and WHEREAS, the petitioner was present and represented by its inspector, Barney Elgin, and WHEREAS, there was no one present in opposition to the change of zone, and WHEREAS, this area was rezoned from "A" Agricultural District to "R" Residential District, on or about December 11, 1968, by Resolu- tion of the Board of Weld County Commissioners, and WHEREAS, said area was rezoned for a period of twelve months on condition that petitioner proceed with due diligence to begin development of the area rezoned and submit plans for such development for the approval of the Weld County Planning Commission, and WHEREAS, said conditional period of time has passed, and to the present time, there has been no development on this land so rezoned, and WHEREAS, the Weld County Planning Commission, by Resolution of October 21, 1969, has requested and recommended that this area be rezoned agricultural, as originally zoned, and WHEREAS, the Board has carefully considered the petition, evidence, testimony and recommendation of the Weld County Planning Commission, and given the same such weight as in its discretion deems proper, and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED, that the petition of the Weld County Planning Commission for rezoning of the hereinabove described 690009 DLbl g3 784 ;7(5,6470 property, from "R" Residential District to "A" Agricultural District be granted, and that said area be, and it hereby shall revert to agricultural district, as originally zoned. Dated this 17th day of December, 1969. ATTEST: CLERK°OF(THE BOARD AP,?ROVED AS ^� r� COUNTY ATT TO_FORM: NEY ) -2- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO December 11, 1969 I hereby certify that pursuant to a notice dated November 5, 1969, duly published November 7, 1969, and November 28, 1969, a public hearing was had regarding conditional zoning approved for the Iris Corporation, requested by George Mosier, on Tract "A", Tract "B" and Tract "C", at the time and place specified in said notice. The evidence presented was taken under advisement. ATTEST: ,.4-rrrn Pity/ COUNTY CLERKU ND RECORDER CHAIRMAN; BOARD OF COUNTY COMMISSIONERS AND CLERK TO THE BOARD h .7 Cr) I Corporation • George" likott Realty csny, Trust 1212Ayenue Gre eyl�, Colorado TE: December 11, 1969 : 11:00 kid. 'bequest: Tract 'A": Ch Request from „h„ iillM ict to "S" .Scientific DisYll:] tract of land located in * l OW'4 of Section 10, Towittl4 $ North, Range 66 West of die `'4th P. M., Weld County, C8is !ado, being more_ particulatty described as follows: Begin- ning at the Southwest Corner (SW Ow) of saidSection 10; thence North ,68°08'30" East, along the South line of said Section 10, 1,312 feet, more or less, to point on =.the West line of the Southeast Quarter -of the Southwest Quarter (SE'%SW) of said Section 10; thence North 00' .23'00" West' 920 feet, more or_ lees; thence South 89°18'00" West, 1,310 feet, more or less, to a point on the. West line of Section 10; thence South 00°19'30" East, 920 feet,more: or less, to. the Point - of Beginning. . Contains 2.7.7 acres m/I Request: Tract"B": Change of jZone Request from "HD" Rte' aleal' 6th P. elet County, ;a rado, mere particnlaaiy scribed as follows: cornmeal - ing at the• Southwest tourer' (SW Cot) of said Section 10 "' tie North 00°19`30" West, ahem the Westline of said Section 10, 96 feet, more or lees; to the -True Point: ginning; theme cad Nese, C/39n` :.. Wash,_, the, West Has of Mid''t 0 3,O feet', more or Ma, the intersection of said W line and the North line of I City of Greeley Water L Easement; thence Solllt�eM erly, along the Northerly Ii of. said City of Greeley Wat Line Easement, 640 feet, mo: or less, to a point which ii 566 feet East of the West li of said Section 10; South 00°19'30" East, along line which is parallel to am 566 feet as measured at rfgth angles to the West line of sal Section 10, 3,125 feet, more o less, to a point which lies 1, feet North of the Southline the West Half (W1) . of said Section 10; thence Ea parallel to and 1,320 feet measured at right angles to the South line of the West Half (W'4) of said Section 10, 2,050 feet, more or less, to a point of the East line of the West Half (W') of said Section thence South, along the Eadikw line of the West Half (W'i't of said Section 10, 400 feels:;.: thence West 2,626 feet, true- or- less, to the True Point of Beginning. Contains 66.4 acres m/I Request: Tract "C": Change of Zone Request from "R" Residen- tial District to "A" Agricultural District. A tract of land located in the e W'/ of Section 10, Township 5 North, Ras a 66 West of the along the. East line t$ die -Wed'. Half (W'4) of s tioa 10, 178 feet nwe ei.lei3, ,to a point, which lies 1,320' feet -. North of the South Quitter Garner of said Section 10; ace West 2,40 teat, more or s to a point which t East of the West: tfon 10, . thenga N 1 to and 566 feat se at right angles Jo the W of said Section 10, 2, mere or less, to owed darner (SW Cur) tract of land owned by y of Greeley; thence.. N0 x°5040' East, 750 feet;'the tli 00°12'50" East, 801.E • thence South 89°50'5( ,t; 1,307.58 feet to the Pon Beginning, contains. 74 ea mill ed: November 5, 1966 THE BOARD OF SUNTY COMMI$5tONERS us COUNTY, COLORADO By: ANN SPOMER COUNTY CLERK AND RECORDER ANC" CLERK TO THE BOARD Published'. in the Greeley Booster 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. 27 Petitioner: Weld County Planning Commission Re. Conditional Zoning Iris Corporation - George Mosier Scott Realty Company, Trustee 1212 Eighth Avenue Greeley, Colorado DATE: December 11, 1969 TIME: 11:00 A. M. REQUEST: Tract "A": Change of Zone Request from "S" Scientific District. 11 Elf Estate District to A tract of land located in the SW4 of Section 10, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado, being more particularly described as follows: Beginning at the Southwest Corner (SW Cor) of said Section 10; thence North 88° 08' 30" East, along the South line of said Section 10, 1,312 feet, more or less, to a point on the West line of the Southeast Quarter of the Southwest Quarter (SEjSW*) of said Section 10; thence North 00° 23' 00" West 920 feet, more or less; thence South 89° 18' 00" West,11,310 feet, more or less, to a point on the West line of Section 10; thence South 00° 19' 30" East, 920 feet, more or less, to the Point of Beginning. Contains 27.7 acres m/l REQUEST: Tract "B"s Change of Zone Request from "HD" High Density District to "A" Agricultural District. A tract of land located in the W2 of Section 10, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado, more particularly described as follows: Commencing at the Southwest Corner (SW Cor) of said Section 10; thence North 00° 19' 30" West, along the West line of said Section 10, 920 feet, more or less, to the True Point of Beginning; thence continuing North 00° 19' 30" West, along the West line of said Section 10, 3,830 feet, more or less, to the intersection of said West line and the North line of the City of Greeley Water Line Easement; thence Southeasterly, along the Northerly line of said City of Greeley Water Line Easement, 640 feet, more or less, to a point which lies 566 feet East of the West line of said Section 10; thence South 00° 19' 30" East, along the line which is parallel to and 566 feet as measured at right angles to the West line of said Section 10, 3,125 feet, more or less, to a point which lies 1,320 feet North of the South line of the West Half (W2) of the said Section 10; thence East parallel to and 1,320 feet as measured at right angles to the South line of the West Half (W-) of said Section 10, 2,060 feet, more or less, to a point on the East line of the West Half (W2) of said Section 10; thence South, along the East line of the West Half (W2) of said Section 10, 400 feet; thence West 2,626 feet, more or less, to the True Point of Beginning. Contains 66.4 acres m/l REQUEST: Tract "C": Change of Zone Request From "R" Residential District to "A" Agricultural District. A tract of land located in the W2 of Section 10, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado, being more particularly described as follows: Beginning at the Center Corner of said Section 10; Thence South, along the East line of the West Half (Wz) of said Section 10, 1,275 feet more or less, to a point which lies 1,320 feet North of the South Quarter Corner of said Section 10; thence West 2,060 feet, more or less, to a point which lies 566 feet East of the West line of said Section 10; thence North parallel to and 566 feet as measured at right angles to the West line of said Section 10, 2130 feet, moreor less, to the Southwest Corner (SW Cor) of a tract of land owned by the City of Greeley; thence North 89° 50' 40" East, 750 feet; thence South 00° 12' 50" East, 801.86 feet; thence South 89° 50' 50" East, 1,307.58 feet to the Point of Beginning, contains 74.0 acres m/l THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 5, 1969 To be published BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. z_113 Date 10/21/69 APPLICATION OF Iris Corporation & George Mosier - now Scott Beefy...Go,...Trustee ...&..Aams...College Address 1212 8th Ave., Greeley, Colo. 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 ."Ft".. ( Residgnt/.41 District to ."A,". ( ...griq tuxe.... District) of of covering the following described property in Weld County, Coloraoo, to -wit: Tract "C" - A tract of land located in the West -half (Wf) of Section Ten (10), Township Five (5) North, Range aixty-six (66) West of the 6th P. M. Beginning at the Center Corner of said Section 10; thence South, along the East line of the West -half (W) of said Section 10, 1,275 feet more or less to a point which lies 1,320 feet North of the South Quarter Corner (SiC) of said Sec 10; thence West 2,060 feet more or less to a point which lies 566 feet last of the ::est line of said See 1C; thence north parallel to and 566 feet as measured at right angles to the West line of said Section 10 2,130 feet more or less to the Southwest Corner (SWCor) of a tract of land owned by the City of Greeley; thence North 89° 50' 40" East 750 feet; thence South 00°12'50" Fast 801.86 feet; thence South 89° 50' 50" East 1,307.58 feet to the point of beginning, containing 74.0 acres m/1 be recommended (favorably) (0000=malak to the Board of County Commissioners for the following reasons: Conditional zoning expires 12/11/69 - not construction or development started Motion seconded by John 4atson Vote: For Passage: Leonard Bartels Against Passage: John. Watson Pk:i lip..Bowle.s 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 /41 BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO CHANGE OF ZONE RE. CONDITIONAL ZONING IRIS CORPORATION - GEORGE MOSIER SCOTT REALTY COMPANY, TRUSTEE THE BOARD OF COUNTY COMMISSIONERS Marshall H. Anderson Glenn K. Billings Harold W. Anderson COUNTY ATTORNEY Samuel S. Telep PETITIONERS: GEORGE MOSIER ERNEST SCOTT ) ) ) December 11, 1969 11:00 A. M. Mr. Cal Snyder, Greeley Area Industrial and Business Development Foundation Tape No. 78 Mr. Anderson: We will call this hearing together, Mr. Telep will you make the record. Mr. Telep: Thank you Mr. Chairman. Let the record show that this cause came on for a hearing this day, December 11, 1969, at 11:00 A. M. as was advertised as required by law in the Greeley Booster and November 7th 1969 and November 28th 1969. Let the record further show that this petition for a change of zone is being brought by Iris Corporation, 1212 Eighth Avenue, Greeley, Colorado, for a change of zone of three parcels of land denoted as Tract "A" for a change of zone from "E" Estate District to "S" Scientific District of a parcel located in the Southwest Quarter of Section 10, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado and described in metes and bounds containing 27.7 acres more or less as contained in the notice of the legal description as was published. The second tract denoted as Tract "B". Mr. Anderson: Mr. Telep: Lets just take them one at a time. One at a time - alright. Let the record further show in regard to Tract "A" that there is on file a resolution of the Weld County Planning Commission dated, October 22, 1969, recommending favorably as to this change of zone and to the effect that the conditional zoning applicable to this tract expires December 11, 1969. Let the record further show that the petitioner is present, represented by George Mosier and Scott Realty Company, Trustee. Mr. Chairman, I believe we are ready to proceed. Mr. Anderson: Mr. Telep: Mr. Scott: Mr. Scott do you want to make the presentation. Please state your name and address. My name is Ernie Scott, President of the Scott Realty Company of 1212 Eight Avenue. Mr. Tele➢: You are here representing the petitioner - is that correct? Mr. Scott: I don't know who I am representing at the moment. The Company petitioner a year ago was Iris Investment/ who porportably had an option on this property and they were the applicants at that time. Since then the property has been sold to Scott Realty Company, Trustees, which represents a syndicate. At this time although you are only taking Tract "A" under consideration our request is the property described in Tract "A" and shown on the plat that was submitted to you by the Planning Commission on December 11, 1968. Showing scientific zoning, our application today is to ask the Commissioners is to grant this on a permanent basis. We are also asking at the same time to ask you or to suggest to you that Tracts "B" and "C" be returned to agricultural. Mr. Telen: We are just talking at the moment about Tract "A" from "E" Estate District to "S" Scientific District. Mr. Scott: Yes, but I think the rest is pertinent, that this is all we are requesting. The reason we are requesting and I have Mr. Snyder here and he may not want to make a statement about this. As you know when Dura zoning request was made and made in such a tremendous hurry that probably no one had hardly time to consider it and we are attempting now to avoid that situation again. If the 27.7 acres where if all the land west of the Dura's west line for a distance of 920 feet. Mr. Anderson: Does that take it down to the corner - clear down to that county road. Mr. Scott: Yes sir. It would be - the tract located in the lower portion of the map - showing 27.7 acres. Of course roughly 10 acres, which was on the same - no it was on a previous application, wasn't it? Mr. Telep: Zr. Scott: Mr. Mosier: Mr. Scott: So you are talking about more than 27.7 acres? Right. Well it would be all the area - 920 Its the 27.7 - plus 920 feet in depth it would be between that property and the Dura property. (2) Mr. Telep: Does it include the area north of the Dura? Mr. Scott: No, that has already been sold to Aims College and I assume that they did not require an particular type of zoning. Mr. Telep: May I ask a question? If the Boards decision is to grant this change of zone on a permanent basis - this is what you are. asking - it will include a parcel of land in addition to the 27.7 acres? Mr. Scott: Yes yes - it would include Mr. Telep: Alright I want to get that straight - its certainly not in this legal. which is Mr. Scotts Well it would include the land/already either in - or has been designated scientific. Mr. Telep: Mr. Scott: Mr. Anderson: Mr. Mosier: Mr. Scott: zoned. Mr. Telep: Mr. Mosier: Well we are not concerned with it. Well maybe we don't have to have to have any That was pre -zoned Yes this was rezoned This was zoned to prevent an island - its already been Alright - we are unconfused now. This is all scientific in here. Mr. Telep: This is what we are talking about right here. I thought we were talking about this piece but that is not so - this piece is already rezoned. In as much as we are talking I was being concerned immediately with an additional description. We are not concerned with this at all Mr. Chairman because this is already zoned scientific. Mr.Anderson: In other words take the north line of Dura and go straight to the county road. You want that all scientific. Mr. Mosier: No it would be further north than the north line of Dura. It would be 920 feet. Mr. Anderson: Oh yes, I see it now. (3) Mr. Scott: Its is only about four hundred Mr. Mosier: About 435 feet. Mr. Anderson: It looks like about 500 feet. Mr, Mosier: When we asked for the scientific zone for Dura it went north of their property line.. Mr. Anderson: It looks from George's maps its about twice as much as Dura has got. You are wanting to take it from the west line from Dura to the county road? Mr. Scott: We don't need to apparently, Mr. Chairman, because that is already zoned. Mr. Anderson: Yes, this whole area in here. So then we are talking Mr. Scott: Just the tract there shown as the 27.7 acres plus or minus. Mr. Anderson: Its 927 feet. 2600 feet long. Mr. Scott: The idea of this scientific zoning being such that we have a scientific complex out there - if the ocassion presents itself. I will refer to Mr. Snyder if he has any statement to make. Mr. Snyder: Well I am here in two relationships, first with the Greeley Area Industrial and Business Development Foundation is the owner of the Dura property - owner of records of the Dura property. We have no objection in fact we encourage the approval of this zoning because my second hat being that of a prospect with whanI have - about whom I have talked with to Mr. Scott, who might well be using that particular corner. It would be of a very highly scientific type of industry, therefore it would require scientific zoning Mr. Anderson: Is there anymore or are there any more questions? Is there anyone in the room who wants to speak against the applicant? Is there anyone for other than Mr. Scott and Mr. Mosier. Mr. Snyder: I would vote in favor of it Mr. Anderson. Mr. Anderson: Let the record show there are three people here in favor of the application. (4) Mr. Snyder: it. Mr. Anderson: I assume my previous statement indicates that I am for Alright shall we take action on this. Mr. Billings: One question - I think I am clear on this already has a temporary scientific zoning - is this correct? Mr. Scott: Yes sir. It is app•:rantely expiring today though. At least the Planning Commission map - the Weld County Planning Commission map is dated December 11, 1968 - approved. Mr. Billings: Mr. Chairman, if there is no one here against changing this - actually making it permanent zoning from a temporary zone, because it does fit in with the area already next to it that is scientic zone and is being used as such, I move that we approve the change from temporary scientific zone to permanent scientific zone. This 27.7 acres. Mr. Harold Anderson: I will second it. Marshall Anderson: I will make it unanimous.. that we grant this request. Mr. Telep: Mr. Chairman, I would like the record to further reflect that there is another parcel involved here already made a record as to the fact that it was published as required by law and this parcel is noted on the plat as Tract "B" and is for a change of zone from "HD" High Density District to "A" Agricultural District. This parcel is located in the west half of said Section 10, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado and containing 66.4 acres more or less and also I reiterate that there is a resolution on file of the Weld County Planning Commission recommending favorably that this change of zone be granted. Mr. Scott: May I ask a question, Mr. Telep? It seems to me that both the requests Tract "B" and Tract "C" are in reverse. The original request was for "A" to "HD" in Tract "B" and "A" to "R" Mr. Telep: Would you say that again? (5) Mr. Scott: In this application it says the request is to change the zone from "H" to "A". Mr. Telep: Tract "B" - that is wrong? Mr. Scott: is reversed. Mr. Telep: Mr, Anderson: The original request was from "A" to "HD" now that It is going back - this is true. You don't want it to go back to agricultural do you? Mr. Scott: That is what my statment before - yes - I could care less. We have no good reason to come here for a change of zoning for the balance of tend. We are asking here for or saying that we feel you might as well revert this to "A". Mr. Telep: Well this is what we are doing and I am just trying to establish a record to show that this is how it was published and we want to take some legal action so that perhaps this action will have been justified. Mr. Scott: Alright. Mr. Telep: Mr. Chairman, I guess we are ready to proceed with whomever represents the request for this change of zone. Mr. Mosier is it you? Mr. Mosier: You want just the "HD" on this? Mr. Telep: Yes this is a request for a change of zone for Tract "B" as shown on the plat as "HD" High Density to "A" Agricultural, evidently this is a reversion. Mr. Scott: Well I think in view of the fact that Scott Realty Company, Trustee is the owner of the land we should be the petitioners. Mr. Telep: Well I don't think you are going to argue if this is what you want. In other words if you want to be the hero it alright. Mr. Scott: Well we own the land so how can anybody else Mr. Telep: Are you in favor of this? Mr. Scott: Yes. Mr. Telep: Alright (6) Mr. Mosier: There are some things ---- Mr. Anderson: This is what you want - do you want to take it back to agricultural. Mr. Scott: I have no reason whatsoever for any other zone. Mr. Telep: You realize this is the least restrictive. Mr. Scott: Yes. Mr, Telep: Zoning. Mr. Scott: Yes, well Iris wanted to go ahead and get permanent multiple family housing out there. Mr. Telep: It can't be Mr. Scott: which I think is totally un-needed at this time. They probably wanted it - I do not want it. Mr. Mosier: Mr. Telep Mr. Anderson: If you leave it like it is you can do anything you want to with it. Mr. Mosier: and the Commissioners I have some things I would like to add in to this hearing. Do you want them at this time or Mr. Telep: Does it apply to "B"? Mr. Mosier: It pertains to all of this zoning. Mr. Telep: Lets limit it to track "B" shall we? Mr. Mosier: Okay. Then I shall wait until we take Tract "B" and Tract "C" and get those out of the way ---- Mr. Telep: Well Tract "C" is the last. Mr. Mosier: And then I would like to enter this other in the record. Mr. Telep: Alright. Mr. Mosier: I have no objection to the reverting of "HD" back to "A". Mr. Telep: Alright, no objections, is there anybody in favor of it? No objections but I would like to have it in the affirmative. Mr. Mosier: Well since Mr. Scott and company purchased this - and they desire it to go back to "A" I would be in favor of it. Yes. Mr. Scott: It is not my desire to complicate anything - the reason Mr. Chairman, I think that "HD" was totally unecessary there is no way a as high density developer is going to develop that/in the foreseeable future. It would be my intention that in the event there was more scientific needed that at sometime in the future and it could be proven to you people that it would (7) be much better to increase the "S" zone than to go from high density to scientific but it really doesn't matter. We have no intention of developing that as "HD" and I can see no reason why it should be zoned. Mr. Anderson: In other words you want to put it back Ernie,so that whenever the ocassion requires in the next few years you can go to what you want. Mr. Scott: Right, I think if you are going to zone something it should be used for that. I can't see any foreseeable high density requirement .Out there. Mr.Mosier: May I inject one other thing - as long as it is zoned "A" it is protective - you can't put in a junk yard or something that is derogatory to the area out there. Mr. Anderson: Alright is there anymore - does anyone else have anything to add. Do you Mr. Snyder? Mr. Snyder: We have no objection to this change of zone speaking now on behalf of the Greeley Area Industrial Development Company. Mr. Anderson: Is there anyone in the room opossing this? If not what action will we take. Mr. Billings: Mr. Chairman, I move that the change that the change in Tract "B" from "HD" High Density beck to "A" Agriculture. Mr. Harold Anderson: I second the motion. Marshall Anderson: I'll make it unanimous. Now lets go to Tract "C" Mr. Telep: Thank you Mr. Chairman, Let the record further show that Tract "C" which consel has already placed into the record as having been duly published pertains to a tract of land located in the West Half of Said Section 10, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado, more particularly described in metes and bounds again as was published in the legal publication and said parcel containing 4.0 acres more or less. The petition in request pertaining to this tract is for a change of zone from "R" Residential District to "A" Agricultural District. Mr. Chairman it appears to counsel that this is also a reversion (8) from what it was back to what it was before that. If you can understand what I am trying to say. So this "A" Agricultural District is the least restrictive and we are faced with the same problem just like with the "HD". I believe we are ready. Marshall Anderson: Do you want to talk about that Mr. Scott? Mr. Scott: I just now saw, that the petitioner is the Weld County Planning Commission. Mr. Anderson: Is there anyone else who wants to speak on the Tract "C". Is there anyone who wants to speak against it? Alright at this time I will entertain a motion. Mr. Harold Anderson: I so move that the request be granted. Mr. Anderson: I second the motion. We will order that Tract "C" reverts back to "A" Agricultural District. If there isn't anything more to come before this hearing I Will declare it closed. Mr. Mosier: There is something I would like to inject into this hearing as a matter of record, that on June the 24th, 1968, the 4-M Corporation, Incorporated, George Mosier, owners of the land in question here and also in the Southwest Quarter of Section 3, Township 5,North, x Range 66, entered into an agreement with the Iris Corporation for the sale of this property to that company. Among the conditions of that agreement that the Mosier's and the 4-M Corporation were to help and assist in the change of zone as presented before the Commissioners here today and this went before the City, the Planning Commission, the City Counsil and received their approval and before the County Planning Commission and received their approval and also between the Board of County Commissioners and the Iris and the Mosier 4-M Corporation agreement and the change of zone was granted on, I believe it was December 12th conditionally and if the Iris Corporation failed to carry out the terms of the contract so that today at this hearing - this zoning has reverted back to the original zoning. And the Iris Corporation has failed to exert or to accept their end of the contract in this. Thank you gentlemen. Hearing adjourned. Deputy County Clerk (9) Hello