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Home My WebLink About680357.tiffFINDINGS AND RESOLUTION CONCERNING PETITION OF ELMER B. DALE TO OPERATE AN AUTOMOBILE SALVAGE YARD BUSINESS The petition of Elmer B. Dale, 1501 - 21st Avenue, Greeley, Colorado, for permission to locate an automobile salvage yard operation on the following described property, to -wit: A portion of the NW4 of the SE4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, containing six acres more or less, came on for hearing on December 13, 196%, 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 statements of Thomas A. Richardson, counsel for the petitioner, and having considered the testimony, evidence and statements of counsel, and the recommendations of the Weld County Planning Commission filed with said Board, and having made physical in- spection of the above -described premises, and having carefully weighed the same, now makes the following findings: 1. The evidence and investigation shows that the location of said salvage yard would be adjacent to State Highway No. 263 east of Greeley and would be too visible and unsightly and not indicative of good planning. 2. The evidence and further investigation shows that said Highway No. 263 is a direct route to the city -county airport and which should be beautified. 3. The evidence and still further investigation shows that the inhabitants of the immediate vicinity and of the surrounding area are unanimously opposed to having an automobile salvage yard operation at the proposed location. 4. That each of the preceding findings, in and of them- selves and independent of each other, constitutes a separate and individual ground for denial of the request for said automobile salvage yard operation. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld has heard the application of Elmer B. Dale for permission to locate an automobile salvage yard operation on the following des- cribed property, to -wit: A portion of the NW4 of the SE4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, containing six acres more or less; and WHEREAS, the said requestdd automobile salvage yard operation is in an industrial zone as set forth by the Weld County Zoning Resolution, and WHEREAS, according to Section 3.1O(2)(b) of the Zoning Resolution of Weld County, said automobile salvage yard operation UL II II—) 680357 may be authorized upon the approval of the Board of County Commissioners of Weld County, and WHEREAS, said Board has made its finding upon the evidence and testimony submitted to it, including independent investigation by the Board, which findings precede this resolution and by reference are incorporated herein and made a part hereof, and WHEREAS, the said Board has carefully considered the petition, evidence and testimony and the recommendation of the Weld County Planning Commission, 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 Elmer B. Dale, 501 - 21st Avenue, Greeley, Colorado, for permission to operate an automobile salvage yard on the 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 ATTEST: Clerk of the Board APPROVED AS TO FORM: 7th day of February, 1968. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 24.7 -2- !/r4 l7(%<- `< ) BEFORE. _.iE WELD COUNTY, COLORADO PLANN1. COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. Rec #5 Date 12/5/67 APPLICATION OF Address Moved by that the following resolution be introduced for pas- sage by the Weld County Planning Commission: Elmer B. Dale 501 21st Ave., Greeley, Colo. Leonard Bartels ved by the Weld County Planning Commission that the a for rezoning from District) of o e following described property in Weld County, Color -wit: Ptn. of the Northwest Quarter (NW=) of the Southeast ' 4 Quarter (SC.�) of Section Four (Li), Township Five (5) North, Range Sixty-five (65) West of the 6th P. M., County of Weld, containing 6 acres more or less be recommended txxAdmixo (unfavorably) to the Board of County Commissioners for the following reasons: Main road to the airport - and the need is not in the area., for a salvage yard. Motion seconded by Price Hopkins Vote: For Passage: Leonard Bartels ..Fh.iltp .Bowles Fri.ee .�iopki.ns J. Ben Nix John Watson Against Passage: Tile Chairman declared the Resolution passed and cordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. PC -Z-005 CERTIFICATION OF COPY I, Dorothy Hill...... , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on Dec. )4, 1967 , and recorded in Book No. II ...... , Page No. , of the proceedings of said Planning Commission. Dated this 5th day of Dec. , 1967 ii Recording Secretary, Weld County Planning Commission PC -Z-006 APPLICANT: Color* •artment of Highways CASE NUMBER: Z-97 SUBJECT: Temporary zone change E to A LOCATION: Si NW4 Sec 21 T5 R65 - 13.2 acres APPEARANCE FOR: Jack Miller DISCUSSION: Mr. Miller explained the reasons for requesting the zone change. The owner has no objection and an option has, been signed by him and approved by the morgagee for removal of this material subject to approval of the Planning Com- mission and the County Commissioners. This will save the taxpayers from $90,00( to $100,000.00 by being a shorter gravel haul. Be it therefore resolved that the Weld County Planning Commission favorably recommends to the Board of County Commissioners for a temporary zone change - E to A on the above mentioned property. Motion by Price Hopkins, seconded by Philip Bowles. A unanimous vote of "Aye". Motion carried. APPLICANT: Elmer B. Dale CASE NUMBER: Rec #5 SUBJECT: Approval of location site for salvage yard. LOCATION: NW} SE- Sec 4 T5 R65 - 6 2/3 acres APPEARANCES FOR: Elmer B. Dale - Thomas A. Richardson DISCUSSION: Mr. Richardson stated Mr. Dale has a contra t of sale subject to approve of the Planning Commission and the County Commissioners. Mr. Dale stated they planned to put a 6' woven wire fence around the property. Mr. Watson asked to have a copy of the purchase contract for our files. The matter will be taken under advisement. MOTION: By Price Hopkins to table this request until the Planning Commission can in- spect the property. Seconded by Ronald Heitman. A unanimous vote of "Aye". Mo- tion carried. • APPLICANT: T. J. Rademacher CASE NUMBER: Z-73 SUBJECT: Conditional zone change - A to B DISCUSSION: This property was zoned conditionally for 18 months which expires in May 1967. A letter from NHP&Q was received stating a sewerage system had been design- ed and approved by the State Health Department. Mr. Bean stated that usually if they have had some engineering done and it is substantial, it is considered as having been started. No action was taken. SUBJECT: Special Meeting DISCUSSION: The special meeting for Dec. 6, 1967 was discussed sent to Mayors of Incorporated towns, etc. was read. This Federal Aid. County Sales Tax will be discussed. SUBJECT: Builder permit APPLICANT: Robt. Hart DISCUSSION: Mr, Hart had a house and garage under construction without a building per- mit. After being sent a violation letter, a permit was obtained at the regular fee subject to approval of the Planning Commission. It was decided he should be charged the double fee. SUBJECT: Mobile Home APPLICANT: Mrs. Henry Weinmeister V DISCUSSION: Mrs. Weinmeister inquired about a mobile home in a C zone for her mother. Mr. Bean stated a mobile home is not permitted in a C zone. She could appeal to the Board of Adjustment. Mr. Watson stated the Planning Commission cannot act or this. Mr. Bean suggested it might be rezoned. 9 and the letter being is regarding State and 182. op Jecemher ;, 1967 Thomas A. ltich.ardson )?? 7th Avenue reeley, Colorado Diu. Sir: At a meeting of the '1d County Planning Com- mission Monday, December !i, 1967, the request by Mr. liner )ale for ap•.-ravel of a salvn'7e ,raid site has beer unfavorably recommended to the Board of County Commissioners. Sincerely, Dorothy nill, Secretary Reason: This is the main road to the airport and it was felt that the need was not there. • November 21, 1967 Thomas itichardson 9224 9th venue iraeley, Colorado Dear Sir: You' request for location site for a salvage yard for :Amer D. Dale will be on the agenda of the Weld County Plannining Commission, londay, November 27, 1967 at 2:15 P. M. in the Planning Commission office, Weld County Services Building. Sincerely, Dorothy Hill, Secretary Oat THOMAS A. RICHARDSON ATTORNEY AT LAW HARVARD BUILDING 92234 NINTH AVENUE GREELEY, COLORADO November 20, 1967 Weld County Planning Commission Weld County Service Building Greeley, Colorado Gentlemen: I represent Mr. Elmer tC'describedparcel reeley, Colorado. Mr. Dale is purchasing the hereinafter of land, to -wit: Beginning at the SE corner of the NWt of the SEi oSection 4P.M., County ofNorth, Weld, Sts ate West ofthe 6th of Colorado. The property herein described is zoned "I" Industrial District. Mr. Dale is interested in starting a salvage yard at this location, and underSection 3,10(2)(b), iCt is necessary to receive the approval the Commissioners. It is the purpose of this letter to request permission to operate a salvage yard at the above location. I will appreciate further information as to what we should do next to obtain this permission. Yours truly, %CG7i'i (%Thomas A. Richardson TAR:hl THOMAS A. RICHARDSON ATTORNEY AT LAW HARVARD BUILDING 922%j NINTH AVENUE GREELEY, COLORADO November 20, 1967 Weld County Planning Commission Weld County Service Building Greeley, Colorado Gentlemen: I represent Mr. Elmer B. Dale of Greeley, Colorado. Mr. Dale is purchasing the hereinafter described parcel of land, to -wit: Beginning at the SE corner of the NW* of the SE* of Section 4, Township 5 North, Range 65 West of the 6th P.M., thence 245 feet east to the point of beginning, thence 1320 feet north, thence 208.71 feet west, thence approximately 1310 feet south, thence 208.71 feet east to the point of beginning; in the County of Weld, State of Colorado. The property herein described is zoned "I" - Industrial District. Mr. Dale is interested in starting a salvage yard at this location, and under Section 3.10(2)(b), it is necessary to receive approval of the Board of County Commissioners. It is the purpose of this letter to request approval of the Planning Commission to operate a salvage automobile yard at the above location. I will appreciate any further information as to what we should do next to obtain the approval of the Planning Commission and the Board of County Commissioners. Yours truly, .«2«,) X91 l- c =f- — Thomas A. Richardson TAR:hi P. t :a F•. irne'Ircrr ,sg .�d',tr.'s -a+r+ax dWu .'0,"A: l , .... f F,e1;."i3. ._ <+,�.rRd h.h Ar l.'£.. ..1 � J"S _. , tun 1 4. ,� Pr ,s ` t ..:i;.Ltancvb - hip, rotit.z. tall; 431., .. *., �-:44.11.f:., v lm`.11t, _TC ww..p..t�LT.. -..,� el -.f t._SYLa a 4 tr ...- e ♦,-P...)ait.,l'n. .{\h.. x36 fil: -,',74,-,„.. .... .. 'The totalments price n . all condition, ordinary wear end Liar excepted. ;aril all improvements thereon, also all. fixtures el a permanent nature in char presentarY purchase; ,.5fYJ•SJU payable as fellows: $ 2},1 ni hereinabove receipted for, and. 4%7 r)(X1..JCJ is; -*swot; at 4,*i c; of. lra,.ne '0 -el .....title THE FOLLOWING CONDITIONS ARE TO APPLY: or title insurance, at seller's op (f) mer- chantable is to furnish an abstract of title in the seller. Seller further certified to obtain and pay certificate of ttaxes due on the property hereinabove described, and deliver it to the baser If snakier* in title appears the seller shall have a reasonable time to correct mine. if title cannot be so corrected, a vbo a payment shall be returned to purchaser, and this contract shell be terminated. (lb Ceaveysece to be made by ... warranty. -Deed (» trans to be adjusted as of- _.ciaLa..ot'...closing (Date). (a) General taxes based on .1.9 66 andeSts .19O levy. available (b) Spec+el aeesaeaemts. (dttrte-r1/444...t+y.. eellerr if any CO ?tuitis' (6) Iaearance premiums (e) Rats (1) Additional Iterw , nere rtc,.rie nee. tie to (4) Pbeaespon shell be given lots. date of ca:esing subject to existing rental and lease agreements. In the event pa sssion is not delivered on said date, then sellers shall be subject to eviction, or rent in the amount of $ mesa for each day after said date, at the option of the purchasers. (5) (hosing shall be on or bdfore...DeGelnber..15,...1967...ar.. &s ao s Alatre7eaftsr as porstble (6) Special conditional tls...offer nriajeetr tro buyers _sbilfby to _obtain t,niint..for nutc aravaFen- - f is not made or performed either the seller or the (i) purrcchaeaof the essence er as herein provviddeed • and if anpayment or other condition then this contract shall be terminated and oaf no effect and both parties hereto shall be released from all obligation hereunder, at the option o4 the party who istot re default. In the event of such a default by the 'purchaser, and the seller elects to treat the contract as termmate6, then all payments made by the purchaser shall be retained by the seller as liquid- ated damages. In the event the non -defaulting party hereto elects to treat this contract as being in full force and effect, them noth- ing herein shall be construed to prevent its specific performante. (g) and approvaldinco tr hereof by the atha, which shall be made,not late titan......2 days from and after the above date, a valid legs representatives, to contract successors between the aas and the purchaser eras and ure o the r benefit of e and be binding upon the hark legel,epreseutWvm, and assigns of each said seller and purchaser. Upon failure of seller to approve the above offer the tamest money receipted for shall be returned immediately to the purchaser. (9) loow mar's tares u Northern a and ol�a ffoor Ucuurrentancy yearis not avtrict a ilable), trents, water r 19 66 ents, insurance pre ase,l>tavrd interest on encumbrances, if any, shall be apportioned to....date...of....c1osth STAN 41.1 IA CMS ill;:.4L'cX Firm or Broker Slums' APPROVAL BY PURCHASER and to pay the price of S....3. 100.30 on the above terms I <'ed 'teeny agree to purchase the above madesuch property ere h time. , protAei i the title is merchantable, or sea be much within a masons ,lent APPROVAL BY SELLER I (Win) hereby accept the tams of purchase set oat above, contingent upon f ..G✓ Purchaser and do hereby authanea WI above mesa:` er nit to dose the sale in accordance with the same, and acknowledge that the same is a • of the gross sale pries for bremiss oerxtrrcat; -sr ion. ayra;' to tL forthwith , the above named agent a commission of the agent shalt retain rier+ri-res in t. es Era 7; nliu;,. 4 ; err `r:t."•.. ,.;y''•+r that, n hr ,event the deposit becomes liquidated damages, ... ,.rr Ky, c,;li =she price, and the balance, if cif, delivered to the setter. rs.. ey deposit.. un:i.! done. >g +taneactinn. .... Sella Form D.O.H. ie ENT OF HI G -4$5isvr. eelet DEPARTMENT OF HIGHWAYS STATE OF COLORADO 4201 E ARKANSAS AVE. DENVER, COLORADO 80222 STATE OF COLORADO December 21, 1967 Board of County Commissioners Weld County Greeley, Colorado Gentlemen: CHAS, E. SHUMATE CHIEF ENGINEER We have been contacted concerning the possible regulation of automoble wrecking yards and particularly one which we understand is being pro- posed adjacent to S.H. 263 east of Greeley. Under the existing state law,a copy of which I am enclosing, the con- trol of the Highway Department over the installation of junkyards is confined to the Interstate and Primary highways of the State. State Highway 263 is a Secondary highway and does not come under the provisions of the law controlling junkyards. Several counties throughout the State which have zoning regulations have, according to our best information, insisted that any new junk- yard be located in such a manner as to not be visible from an exist- ing road or have required the screening to insure they would not be visible. You will note under Section 3 of the attached legislation the procedures by which junkyards can be placed within 1,000 ft. of the right of way, in that the Department may issue a permit for the wrecking yard provid- ing that the owner will agree to screen the junkyard so as not to be visible from the highway. As I mentioned above, the present law insofar as state highways is con- cerned does not apply to secondary routes. There has been considerable comment throughout the State that this law should be expanded to in- clude all highways, both State Secondary and County roads. However, I do not believe any concerted effort has been made to implement the present law at this time. Certainly, if it is possible under zoning regulations, it would be de- sirable for the proposed junkyard to be located back from the existing highway rights of way so that at such time as it may be necessary to widen the -facil' we would not be confronted with moving great masses of scrap materi �f u0 CQ, C(?: fSSI0NERS GREa`L E r. C{ LA • R� :�.�ED nLC,? 19-7 A.M. 617!$1911.(9 till l12l8l4(5!9 A Very tr yours, CHAS. E. SHUMATE Chief Engineer CES :.:s - Eacl. 1 • • (Senate Bill No. 9. By Senators Lucas, Oliver, Hahn, Decker, Mapelli, Massari, Brown, Cisneros, Hobbs, Donlon, illiams, Hewett, Romer, yollack, Kelley, and Sonnenberg; also Representatives Liseo, DeMoulin, Grandy, Moore, Yost, Brinton, West, Baer, Gollob, Coloroso, LaHaye Knox, Saran, Grove, Singer, Calabrese, Foster, Hogan, Wailes, and Gebhardt.) RELATING TO CONTROL OF JUNKYARDS ADJACENT TO THE INTERSTATE AND PRIMARY SYSTEMS OF THIS STATE. Be It Enacted by the General Assembly of the State of Colorado: Section 1. —Legislative purpose. It is hereby de- clared to be the purpose of the general assembly in the passage of this act that in connection with the construc- tion, maintenance, and supervision of the public highways of this state, the state of Colorado place itself in a position to receive its full share of funds to be apportioned by the congress of the United States for expenditures on federal - aid highways in this state and to this end, to control the existing and future use and maintenance of junkyards in areas adjacent to the interstate and primary highway sys- tems in order to protect the public investment in such highways; to promote the safety and recreational value of public travel; to promote public pride and public spirit, both on a state-wide and local basis; to attract to this state tourists and other travelers with a view toward broaden- ing the economic well-being and general welfare ; and to preserve and enhance the natural and scenic beauty of this state. Section 2. —Definitions. —(1) (a) As used in this act, unless the context otherwise requires: (b) "Highway" means the federal -aid primary and interstate systems, as defined in section 120-13-1, C.R.S. 1963. • • (e) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, appliances, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (d) "Automobile graveyard" means any establish- ment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (e) "Junkyard" means an establishment or place of business whicln is maintained, operated, or used for stor- ing, keeping, buying, or selling junk, or for the main- tenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills. (f) "Person" means any individual, firm, agency, company, association, partnership, business trust., joint stock company, or corporation who operates a junkyard or who allows a junkyard to be placed or to remain on premises controlled by him. (g) "Department" means the department of high- ways of the state of Colorado. Section 3 —Permits required —exceptions. —Except as hereinafter provided, on and after the effective date of this act, no person shall establish, operate, and maintain a junkyard which is within one thousand feet of the near- est edge of the right-of-way of the highway and visible from the main -traveled way thereof unless a permit shall first be obtained from the department. No permit shall be required, and junkyards, automobile graveyards, and scrap metal processing facilities may be operated within areas adjacent to said highways which are within one thousand feet of the nearest edge of the right-of-way which are zoned industrial under authority of state law, or any of its political subdivisions. Section 4. —Permits issued —when. —The department shall have the sole authority to issue permits for the establishment, maintenance, and operation of junkyards within the limits prescribed by this act. No permit shall he issued unless such junkyard can be effectively screened as required by regulation, by natural objects, plantings, fences or other appropriate means, so as not to be visible from the main -traveled way of such highways. Such screening shall be at the expense of the person apply-! ing for said permit. Section 5. —Permit fees —expiration —renewal. —Each application or request for a permit shall be accompanied PAGE 2 -SENATE BILL NO. 9 • by a fee of twenty-five dollars to defray the costs of ad- ministration of this act by the department. All permits issued under this section shall expire one year from the elate of issue and shall be renewed upon compliance with the provisions of this act from year to year upon payment to the department of said annual fees; such fees shall be collected in accordance with the collection rules of the department of revenue, for deposit in the state treasury to the credit of the general revenue fund. The general assembly shall make annual appropriations from the gen- eral revenue fund for the administration of this article. Section 6. —Regulations. —The department may pro- mulgate such regulations as may be necessary concerning the issuance of such permits in order to qualify the state of Colorado for payments made available by congress to those states that meet federal standards for control of junkyards adjacent to its highways. The provisions of article 16 of chapter 3, C.R.S. 1963, shall not be applicable, except that 3-16-5, Colorado Revised Statutes 1963 shall apply. Section 7 —Judicial review. —Any person aggrieved by action of the department in denying or revoking a permit, may, within thirty days of the date of notice thereof, apply to a court of competent jurisdiction for appropriate relief, pursuant to the Colorado rules of civil procedure or 3-16-5, Colorado Revised Statutes 1963. Section 8. —Violations —penalties. —Any person who violates any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Each day of violation of the provisions of this act shall constitute a separate of- fense. In addition, and not in lieu of or as a bar to criminal enforcement as above provided, the department is authorized to institute appropriate action or proceedings to prevent or remove any junkyard existing in violation of the provisions of this act. Section 9. —Screening, removal of existing junkyards. —Any junkyard in existence on the effective date of this act which is not in compliance with this act, shall, at the expense of the department, be screened, as provided by regulations, by natural objects, plantings, fences or other appropriate means so as not to he visible from, the main - traveled way of the highway or, at the expense of the de- partment, shall be removed from sight. The department is hereby authorized to acquire, move, or relocate prop- erty, real or personal, or interests therein, by purchase, donation, condemnation, or by exchange of other property PAGE 3 -SENATE BILL NO. 9 • • b. owned by the state to accomplish such objectives, and to dispose of any property, real or personal, acquired thereby. Section 10.—Severability of act. —If any provision of this act, or the application thereof to any person or cir- cumstances, is held invalid, such invalidity shall not af- fect other provisions or applications of the act which can be given effect without the invalid provision or applica- tion, and to this end the/provisions of this act are declared to be severable. Section 11. —Safety clause. —The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Robert L. Knous PRESIDENT OF THE SENATE Mildred H. Cresswell SECRETARY OF THE SENATE Allen Dines SPEAKER OF THE HOUSE OF REPRESENTATIVES Evelyn T. Davidson CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES APPROVED John A. Love GOVERNOR OF THE STATE OF COLORADO PAGE 4 —SENATE BILL NO. 9 Hello