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Home My WebLink About690002.tiffJ <. Recorded at X4LQ o'clock aJ 1975 Rec. No. —4.+FllGe}, ..-Mary Ann Feuersteln, Reconsur 12 E S O L U T I O N WHEREAS, a public hearing was held on Wednesday, August -6, 1969, at 2:00 P.M. in the Chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of hearing a petition of Roger A. Gump, owner - Flatiron Paving Company, Lessee, 3960 South Eclair, Englewood, Colorado, requesting a change of zone from "A" Agricultural District to "I" Industrial District, and WHEREAS, the petitioner was present and represented by its _counsel, Stow L. Witwer, Jr., and WHEREAS, there was some opposition to the change of zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, and WHEREAS, the Board of County Commissioners has studied the request of the petitioners and studied the recommendations of the Weld County -Planning Commission, and having been fully informed: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the petition of Roger A. Gump, owner - Flatiron Paving Company, Lessee, 3960 South Belair, Englewood, Colorado, for change of zone from "A" Agricultural District to "1" Industrial District, said area being more particularly described as follows: A parcel of land located in the Northwest Quarter of the Northwest Quarter of the Southwest Quarter (NW4NW4SW4) of Section Eighteen (18), Township Six (6) North, Range Sixty- seven (67) West of the 6th P.M., Weld County, Colorado, containing 10 acres, more or less, is -hereby granted under the conditions following: 1. That any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. All applicable subdivision regulations and zoning regula- tions shall be followed and complied with to the satisfaction of the Board of County Commissioners, Weld County, Colorado. 3. That developer proceed with due diligence to begin development of the area surrounding the gravel pit operation, and submits plans for such development for approval of the Weld County Planning Commission. That said change of zone -herein granted from"A"Agricultural District to "I" Industrial District is conditional and shall exist only until sand, gravel and soil is exhausted from that certain gravel pit adjacent to the subject property and heretofore granted by resolution of the Board of Weld County Commissioners on February 13, 1969. When said gravel pit operation ceases under the terms of that certain lease 690002 1"J G31. 401 ES1:'!Pi agreement dated January 9, 1969, including extensions and renewals thereaf, between Roger Gump and Jack Sundheim as Lessors and Flatiron Paving Company of Greeley as Lessee, ropy of which is attached hereto and made a part -hereof by _reference or said pit is exhausted of gravel, sand and soil deposits, then such area herein rezoned shall revert to Agricultural District as originally zoned and the said movable asphalt plant and/or ready -mix concrete plant shall be removed from the _premises forthwith. Dated this 17th day of September, 1969. tiavtd HE DOARD APEROVDD,,AS TO 4 COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS WELD)COUNTY, COLORADO / 2 -2- RECORDING DATA — MAPS b PIATs 1 NAME OF SUBDIVISION NAME OF SUBDIVIDER Pt NW4SW4 S18 T6N R67W 6PM 1 OrATION OF SUBDIVISION DATE OF RECORDING, Flatiron Paving_ Rezoni Request N .exam- A--to—I Flatiron Paving Co. DEC 2 21976 BOOK 28_ RECEPTION # 1706632 MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER BY• DEPUTY COUNTY CLERK & RECORDER August 6, 1969 I hereby certify that pursuant to a notice dated July 2, 1969, duly published July 4th and 25th, 1969, a public hearing was had for a Change of Zone as requested by Roger A. Gump dba Flatiron Paving Company, at the time and place specified in said notice. The evidence presented was taken under advisement and the decision will be made at a later date ATTEST: ("')1.4'7-2 ?Any. County Clerk(Mid Recorder and Clerk to the Board ' Chairman, oard of`County Commissioners Weld County, Colorado Chairman Anderson: I will now call this meeting to order, docket number 1-8, -Roger A. Gump owner — Flatiron Paving Co. lesee, 3960 South Bel -air, Englewood, Colorado, August 6, 1969, 2:D0 P. M.. This is a change of zone from "A" Agriculture District to "I" Industrial District. A parcel of land in the West -half of the Southwest quarter of Section 18, Township -6, Range 67 West of the 6th P.M., Weld County, Colorado containing 10 -acres -more _or less. Mr. Telep will you speak -for the record? Mr. Telep: Mr. Witwer: Thank you Mr. Chairman, let the record show that this cause came up for hearing this day, August 6, 1969 at 2:00 P.M. as wa-s published in the notice -as required by law. Let the record further show that this matter is up for hearing in the petition of Roger A. Gump doing business ass Flatiron Paving Company, 3960 South Bel -air, Englewood, Colorado, far a change of zone from "A" Agricultural District to "I" INdustrial District. It is a parcel of land located in the West —half of the Southwest quarter of Section 1-8, -Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado containing 10 acres more or less. Let the record further show that the petitioner is represented by councel, Mr. Stow Witwer Mr.. Let the record further show that several people in the room who may be in favor or against the change of zone and they should be given the opportunity to be heard. Mr. Chair- man, I think we are ready to take testimony and maybe the petitioner or councel would like to make an opening state- ment. Thank you very -much Mr. Chairman, I would like to state that the petitioner is Roger Gump.' Flatiron Paving Company is a lesee under a lease with Mr. Gump and this should be brought to the Boards attention. -I would like to state that Mr. Gump is not present this aft-ernoon as he was detained in California on business. He called me _and I told him that it was alright as there were adequate witnesses available to present and discuss this matter this afternoon. I would like to make an opening statement and advise the Board exactly what is involved in this application. As indicated by Mr. Telep the property is located in the West -half of the South- west quarter of 2ec.tion 18, Township 6 North, Range 67 West of the 6th P.M. The property is located west of the town of Windsor, Colorado, approximately two miles west and a half a mile north. The property is designated on this map, as _I will have marked momentarily. The property that we will be concerned with is identified as "I" in quotes on this map. The land on the Forth is owned by Mr. Robert Heldt. There is a petition supporting our zone request on file in this matter which I will have identified shortly, signed by Mr. Robert Heldt. The property is bordered on the west by the county line and on the south by property owned by the petitioner and on the east by property owned by the petitioner. The land designated by "A" to the diagonal lines and the portion marked "I',' the shaded part is presently an agricultural zone, which would carry a designation as a gravel pit site. This would be the situation at present. The land is presently not being used as a gravel pit but it has been determined by Flatiron Paving Company that there is ad- equate under surface for a gravel pit location at that site. As the evidence will disclose this property is particularly situated for a zone for a gravel pit site. The property will be developed most rapidly if there is permitted to be located on this 10 acre parcel, movable asphalt nt and a ready mix concrete facility. Evidence will disclose that these are movable facilities and that there may be times, if this application is approved, that there will be times that these facilities may be removed from time to time from the premises in equivelant job sites. I state this and emphasize the manuverability of these. The only things that will be placed here are movable and I further emphasize, and that the Board may be well aware, the development of the gravel pit is depletion of the ground and the residue which in this case, will be explained shortly, has a very nice lake with trees, and it would enhance the development of this area in some future time. The evidence will dis- close that the type of faility that is planned ould likely be put on the premises right now as part of a gravel pit operation that is permitted, That is to say as a auxiliary use, as an accessory use, it is probable in my opinion probe, permissable to put on the premises the movable facilities contemplated by the Flatiron Paving Company as we were talking about. I emphasize this because it is significant to show in an attempt, exactly what this development concept due to the adjoining area, we can say that it is compatable with the development of the adjoining area. The question may be raised that we might be able to do this without this zoning change, why submit this change? Quite frankly I think it is best to decide this question before the Board, who has this jurisdiction and responsibility for the zoning in this area, so that we might cooperate, may de the things necessary in terms of air polution control, and other developments of modern requirements, required by the Board in such matters such as this. I state this with reservation that this is still agruable from the legal standpoint and of course the County Attorney is the legal advisor. There is still a question whether the company and petitioner could not just go in and put the movable asphalt plant in right around the gravel pit. It is our intention that it could be installed more rapidly if the asphalt plant is permitted and the ready mix concrete plant is permitted. 3 I further state that the petitioner is willing to enter into whatever is necessary in regards to the deed restrictions or otherwise that at the time the Flatiron _lease expires, that the use of this property would revert to that permitted to some other zone, including agriculture or something else. There will be a limited time in which this zoning would be required and as this area develops and as this area develops with the asphalt plant and the ready mix concrete facility the deposits of gravel and sand would be expanded and at the end of that time land would 'evert back to what the Board decides. I state that we would be willing to enter into whatever stipulation we are required in order to insure that no other industrial type use permitted on this site. I would to offer as exhibit "A" the application for rezoning that has been properly filed. Petitioners exhibit "B" the petition supporting rezoning bearing the signature of Robert Heldt of Route 1, Box 188 giving the description of his property. As petitioners exhibit "C" the answer submitted by the petitioner regarding the application.a,I would ask that these exhibits be admitted into evidence at this hearing. As I have stated it is the interest of the applicant and the Flatiron Paving Company to cooperate in any way possible in a sensible land planning in this area. In so doing I would like to call our first witness, Mr. Mitch Simmons who will explain in some detail the opera- tion that we have contemplated on this 10 -acre site, as to exactly what you will see on this site. Mr. Simmons: My name is Mitch Simmons and I have been with the Flatiron Paving Comppny for a little over six years, for three years I was with the paving and for the past tlnree years I have been with the gravel part. In the past two or three months I have been the property manager for the Flatiron Paving Company with the responsibility for looking out for the resources for the company, in the land that we buy in determining an ultimate use. This ultimate use is generated by the National and State Association which has been working for about 10 years with the University of Illinois in order to leave some- thing besides a hole in the ground to get a gravel oper- ation out. It is a better thing for public relations, a better thing for economics. was down in Boulder recently, and the State Game and Parks people had just bought about 100 acres of gravel land in which to build a park area. Unfor= tunately at that time the gravel was extracted by the cheapest method known at that time and just left a hole in pretty rough shape and it will take a lot of time to get it into shape. It is our feeling that you can extract gravel and come up with an ultimate use, such as a park or some type of recreational facility, where water is involved and being a precious commodity in this country, rather than being taken out helter or skelter. So based on that particular experience and background, Stow and Ted asked me to look this piece of property over and see what 1 would consider a good use for it and a good way to work it based on all of the conditions. I have these phamplets to hand out and you can follow what is on the board too. Stow already mentioned brbefly one of the first considerations in considering the location in relation to the county traveled highways, to the entrance to Windsor, to its location from Windsor, and where the gravel was located on this particular piece of property. That was the reason why the 10 acres was picked a half mile from the main highway where there is a slight knoll -as you can see from this particular elevation which '_S further protects it from this area as far as visibility. I have another photograph that perhaps shows it in more detail. It emphasizes the state highway a half a mile and the ounty roads that border it, Larimer County to the West and Weld County to the East and this would be the entire property that we are talking about. The first part of the operation that I would like you to take a look at would be establishing the plant area which is nothing more than leveling the ground for the portable asphalt plants and portable concrete plants and with a trailer type office. Then take setbacks that look like they are dictated, look like they are a 500 ft. setback from the state highway was necessary, 50 ft. set- backs from the adjacent p-operty owner and 50 ft. set- backs from the county road at this point, all the way around. We hate to work close to a road and it should go back 50 ft. and slope off a leave a decent bank. This merely shows the setbai..klines and where the plant area would be lo;.ated in relation to the gravel. These aren't just lines per say but they are computed tests made on test hole digging. The first phase of the operation was to remove this overburden at the south part of the property and build this land up adjacent to the highway. There is three to four feet of overburden in this area and it would raise this area three to four feet. Stripping this overburden in this area would have some ready available material for fill would build this about 20 feet high and about 30 feet wide from the highway. At this same time a roadway would be stripped down because this would be stripped gravel which would be available for planning operations. The hole on the land is very gentle promoting a public situation here for the water. Each ,et -in would consist of setting -in in a specific area and removing the gravels into stock piles around the area. The stock piles would further compliment this burrough that would further shield the plant. Incidently there is a line of trees all the way around this particular area. The next chart that I have is a bunch of lines that show the line of operation after this material is taken out. In the stripping in this area would fit this area back up to its original level, and when this was stripped out the overburden from this area ,could fill in the sides. We have progressed then from the lowest line of water to the hill, because the water keeps blowing back in this direction as you keep pumping it down for the particular settings. So that at the final setting, I think you can see the shape as it has developed here, that it required very little bull- dozer operation to round the corners out to shape this up. The petitioner has further stated that he will buy the trees for this area at the beginning of the operation and this would make a very nice residual park area rather than a typical gravel pit. Mr. Witwer: Mr. Chairman, I would like to mark this as the petitioners exhibit "D". The -nap to which I reffered in my opening statement. The petitioners exhibit "E", are the drawings, referred to in the discussion by Mr. Simmons. I would like to emphasize the plan here is not lending itself to the large industrial zone that is consistent with some form of residential development in that area. If such would be the case as that property would be developed, the property is now, as the Board may be aware, I don't believe it has ever been farmed as crops I think that there must be some pasture there, it is essentially baren ground especially in the northern most part. I think that the lake and park concept is rather attractive, one which offers much hope in this kind of thing, in an outlying area as this is. I have more of a testimony to present at this time. We feel that we have supported the need for the industrial zone, we -feel that the questions and the ,-answers to the questions sub- mitted as exhibit "C" answer any question that had not been answered by Mr. Simmons or in my opening statement. We will be open to answer any questions that the members of the board may have. I would like to introduce Mr. Ted McMurren who is the president of the Flatiron Paving Company of Greeley and he is avilable if any of you have any questions that you would like to ask him or Mr. Simmons or myself. Thank you. Mr. Chairman:All those in this room wk, are in favor of this petition, let's see your right hand. Three. Would yougive us your name and address for the records. Mr. Martin: Alex Martin, Windsor. Mr. Korby: Bill Korby, Windsor. Mr. Clause: Harry Clause, Windsor. Mr. Chairman:Do you fellows have anything to say infavor of this application? Mr. Martins Well, I really don't take part, but as an interested party, and I feel that it would be an asset to the community as a whole, per- sonally. I think it would mean some business for this area. Mr. Chairman:Do you feel the same? Okay, at this time we'll bear from the people in opposition to this application. Mr. Simmons: Itm Joe Simmons and I am here representing the town of Windsor, the mayor, Glenn Anderson, Chairman of the Planning Commission, Howard Walker, President of the Chamber of Commerce. I would like to make a position statement for town and I'll let you see the exhibits as I finish. This is the statement which was made used by the Planning Commisssion and later used by the board when they also voted to -recommend to the Weld County Planning board to deny thisrequest for a zone change. The background, we've heard. I'll go into the situtation about which we are concerned. The areain question is not suitable -for industry. Present indstrial ztnes in the Windsor area located on the east and south of town. I might pause at this time to say that the town of Windsor convencing a building plan which is now under consideration. I propeee that this building area be Extended in that eastern area and that this is the area which is also zoned as industrial by the county of Weld. It is in the & best interest of Windsor to concentrate all heavy and light industry in these areas to avoid the erosion of land value, mostly relating to conflicting land uses. There was a a con- develope plan willshow development of only residental and related uses to the west of Windsor. Therefore, the approval of an industrial zone in that areawill seriously undermine the desirability of such a residential area. The location of a concrete and asphalt plant on the west side of town along the main access roads is somewhat undesirable from the civic point of view. Although we know that this cannot be weighed just in the point of civics, we feel that this must be taken into consideration. The towns control of its future growth, it is not in its best interest to begin with permissive for building -a coorditional and exhibit town. The fact that sand and gravel excavation / is allowed does not mean thst all associated uses should be allows_ as well. The Weld planning ordinance takes cognidance of this point of view about permitting sand and gravel excavation in agrcultural zones on conditional basis, while requiring aligned uses such as concrete and asphalt production to locate in idustrial zones. While it has been agreed that sand and gravel can only be mined where the deposits exist, I should say now exist, they urge the town not to agravate the situation by permitting further machinery to locate at the excavtion sites. In view of what we said about reclamation, I like to say that the Flatiron has done a good job in what they propsed. I'd like to say at the same time that what was propsed here is no different than what was propsed to me by Rajer Gump at an earlier date when he was only considering sand and gravel excavation. The reclamation that is required by the Weld County Planning Ordinance while not going to extensive pave job, certainly calls for this sort of thing. This case has built a policy for dealing with future cases. It should be pointed out that due to the -extensive area and of sand/ gravel deposits along the Poudre Valley,it would not be unreasonable if given future demand to expect other interested miners to develope here, meaning all up and down the Poudre -R iverr These interested firms might reasonably desire to locate concrete and asphalt plants excavation sites, and we in turn expect these not to be permitted. From listening to these -earlier cases it could affect the excavation problem facing Windsor. in summation it is a recommendation that the Weld it is not _County Planning Commission be advised that/in the best interest of Windsor to approve the request for rezoning Mr. Gump's property to industrial. It is further suggested that there will be ample range to locate any such activities in the pro- posed industrial -area east of Windsor's existing town limits and that they do now exist in the plan. We would like to submit this to the Board of Commissioners also. Mr. Chairman:This is exhibit "1"? Mr. Simmons: Yes sir. Mr. Chairman:Does anyone else have anything? Audience: 1 would like to question Mr. Simmons. Mr. Simmons, as I under- stand, you are employed by the town of Windsor as the town planner consultant, or your firm is. is that correct? Mr. Simmons: That's right. Audience: The name of your firm is Harmon O'Donald. Considering the area that we are concerned with today, isn't it correct that this land is presently all zoned agriculture? Mr. Simmons: All of the land with the exception of the industrial zone is zoned agriculture. Audience: Isn't it also, you mentioned a comprehensive plan that's under development, there's no plan under development at this time. Mr. Simmons: it has been presented to the board. There will be further change on it later. It is acting as a guideline. Audience: Mr. Simmons, it is the juristiction of the town of Windsor to cover the property we are talking about in regards to zoning. Isn't it correct that the Board of County Commissioners are the authority and the only authority with the decision making power in the matter? Mr. Simmons: Which is our purpose in making this recommendation to the County Commissioners. That's why we're here today. Audience: Isn't it correct that the plans that have been presented today by Flatiron are sound and comply with the highest standards of devel- opment of a gravel pit with an asphalt facility? Mr. Simmons: The asphalt facility does not enter the plan for reclamation that were shown here. io in And they certainly are/one of the publications put out by/MitchSimmons at /the University of Illinois as a guide of the Association of Sand and Gravel. We have had a minute of it in what was -propsed here, but it is not predicated upon the plan to have an asphalt plant, although this may have something to do with the market situation and its excavation range. Mr. Witwer Audience: Mr. Simmons, the gentleman to whom you referred. Is he from the University of Illinois? Mr. Simmons: The University of Illinois, yes. Mr. Witwer Audience: He has seen a presentation like this, is that correct? Mr. Simmons: He also saw this one. Mr. Witwer Audience: He was in your office down in Denver. Mr. Simmons: Yes sir. Mr Witwer Audience: Was there any objection he had concerning the reclamation Mr. Simmons: If I may at this point ...No sir, not to reclamation. If I made up the record when he finished...Well, he did have some objection to the location of the industrial area, not to the reclamation proposed. Audience: You acknowledge that a gravel pit can be located in this presently designated as a gravel pit sight. And that there is no residential area immediately around it here at this time. Mr. Simmons: It's not around. Mr. Witwer Audience: Isn't it correct that the depletion of this gravel pit will occur more rapidly with an asphalt plant and a concrete facility than it would without those? Mr. Simmons: I don't think that's the state, exactly, Mr. Witwer. That is a possibility, but I don't think it is a necessity. It mi4ht have an influence on it. Mr. Witwer Audience: Considering the city development, isn't it correct that the code requisits for the development of the availibilty of econmic prices of sand and gravel purposes? Mr. Simmons: It can certainly affect it. Mr. Witwer: I have no -further questions at this time. Mr. Chairman:Does anyone else have anything they want to say? Mr. Heldt: I'm Robert Heldt and I have the property that is zoned, Rt. 1 Box 1$8, Windsor. It is only my opinion to say that I'm in favor of it. -The reason is I fail to see that the planning commission has the right to determine the value of my land, in respect to it being /1 residential or industrial. If there was a real good season why they feel that it should be residential in respect to the area south I coul-dbe inclined to go along with that. When they can put a value on our land a lesser value than compared to industrial , then I don't go along with that too well. Mr. Chairman:Bob, do you think this is going to bother you? Mr. Heldt: I think it's going to be an asset. In years to come you'll notice people who build homes if it remains in this area. Many people have to have a nice bottle of water. And if this thing is constructed properly, I had the opportunity of working with Arron and Strong on a gravel sight at any place and when they finished it they had a very fine product and people of the town of windsor could benefit from this, by having a place for a recreation area. I don't see where it would be a big deterrent as Mr. Simmons seems to think. Mr. Simmons: Where is the water coming from? Mr. -Heldt: There's water right there. I'd say that the water is going to re- main close to a two or three surface highway. I know that I don't expect it will be to be from three feet from the surface and that was in the winter. If this goes industrial, then the natural flowofwater won't matter. We've got a place for the water to go. It will be a lot nicer. Audience: I would like to ask a questi-on of Mr. Simmons, What is the long range plan for housing in that area? We have heard about the water level in that area. Mr. Simmons: At what point? We have other areas which are surfaced by water. Audience: This area seams unsuitable for septic tanks. Mr. Simmons: We're responsible that any residential area bas water in the sewer. Audience: How long do you suppose it will be before the city of Windsor is filled out by two mines? Mr. Simmons: There is still alot to go under -consideration. It's difficult to say what date it will go and the question of whether the de- velopment will go out evenly around the town I'd say to the west and south. St is a question of whether is spreads evenly or if it goes immediately in that direction. There is a possibility that it will be five or six years. Audience: I'd like toask one more question following up what Mr. Billings inquired. Roughly speaking, Mr. Simmons, of this land development /.2 for residential purposes, this will increase the need for asphalt as you go out in this direction and it -may actually be depleted by the time the residential area is weeded. This is a different assumption that what we've got. Mr. Simmons: Yes, it is a lggical assumption. Certainly, we're not in- terested in seeing Flatirnnrelocate ; we're not interested in sending them elsewhere. We're interested in seeing them come to Windsor. At the same time, we do not have it in our plan to have it industrial. Audience: The consideration here is not whether Flatiron would do a very good job. We think they would. They convinced us that they would. They convinced us that the very first day they came. What we are concerned about is the restoral of the industrial area, upon the entire bank of the River. And certainly that is a reality also, because if the demand is here, there is no reason why another firm may not get the same idea. Adn we're faced with this problem. It is not a case oftheclosest concrete plant doing all the work. It doesn't work this way in the city of Denver. It doesn't work this way in Greeley, probably. There is a cosnideration of distance and cost in producing is greater. It is not necessarily passed on in every case to the consumer. Mr. Chairman:I don't think we want to get into the economics. Audience: Excuse me sir_, but at any rate, this is certainly of prime im- portance. Mr. Chairman:We will not go into economics. Does anyone else have anything to say, upholding his position? All right, at this time, we will have a show of hands of those opposing. Six. Do you have anything to say,/?), ))2'?ese- 72%[,/9)itL,21:-1 would like to conclude with a remark that I think based on the evidence before the board of commissioners will seem quite clear that the requirements for a change of zone have been made and in all respect to Mr. Simmons and the clients in the Windsor area we have established that nothing about this industrial zone should affect those clients and I think there is some deivision of authority. I will state that other than M±4 Simmons, no one has spoken in favor of the petition that were solicited to be here. WE di -d not request anyone to raise their hands. We have contacted cont. Mr. Witwer: projsct. Mr. Held'and he has Signed a petition in support of this Mr. Chairman: Does anyone else have any questions? Does anyone else want to speak for er against the application? Mr. Billings: Mr. Andersron: Mr. Chairman: Mr. Chairman, I move that we take this under advisement. I second the motion. We will take this under advisement, and I mall this hearing closed. dttC/ 7 BEFORE TH. .ELD COUNTY, COLOHAi U PLxNN,NO aviiSSiUir /f RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS '' 7 -/.14/17 Case No. Z-135 Date 6/3/69 APPLICATION OF .Roger A. Gump - owner - Flatiron Paving Co Lessee Address c/o Stow WitWer, Kinney Building, Greeley, Colo. Moved by Henry Brunner 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 .1Q" (Agriculture District to "I" ( Industrial District) of of covering the following described property in Weld County, Coloraoo, to -wit: P arcel of land in the West -half (Wi-) of the Southwest Quarter (SW4) of Section Eighteen (18), Township Six (6) North, Range Sixty-seven (67) West of the 6th P. M., Weld County, Colorado containing 10 acres more or less. be recommended OCCOMMO (unfavorably) to the Board of County Commissioners for the following reasons: Recommendation against rezoning by Town of Windsor; precedent for further '11 zoning in the area; vacant industrial sites are available nearby. Motion seconded by Leonard Bartels Vote: For Passage: Philip Bowles Leonard Bartela Henry Brunner Ronald.. Heitman 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 CERTIFICATION OF COPY Dorothy Hill , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution o€ Planning Commission of Weld County, Colorado, adopted on Arne 2x...1969..... , and recorded in Book No. II Page No. ......... , o€ the proceedings of said Planning Commission. Dated this 3rd day of ....June , 19... ZZA'!" Recording ecretary, Wdid County Planning Commission PC -Z-006 0 Ci?? 1 thic PETITION SUPPORTING REZONING Board of County Commissioners of Weld County, Colorado Court -House Greeley, Colorado Gentlemen: We, the undersigned owners of property located within 500 feet of the property described in the rezoning application submitted by Roder Gump, Jack Sundheim hereby petition you to grant this rezoning request and to change the Zoning District Map so that the property involved shall be rezoned from nAT� Zoning District to "I" Zoning District. Signature '45. GU' Mailing Address Description of Property X•.�� r Al PC - 7.:002 Weld County Planning Commission Weld County, Colorado She following answers are provided in support of a Petition for Rezoning submitted by Roger Gump. 1. Is it impractical, impossible, or undesirable to develop the land according to its current zoning classification? Impracticable and undesirable. The area consists of 80 acres. Approximately ten (10) will be used for a plant site and fifteen (15) for setback from State Highway 392 and other property. The remainder available for gravel use would be 55 acres. To use as a gravel source only, the demand is limited to supplying base for driveways, parking lots and roads; therefore, to develop the land toward a pleasing park use for the expanding residential area of Windsor, it would be practical and desirable to rezone the ten (10) acres used as a plant site to industrial to permit the use of an asphalt plant and concrete ready -mix plant. The addition of two more requirements for the materials --asphalt and concrete --would materially decrease the time required to develop the land. 2. Would the proposed rezoning benefit the entire County by allowing a type of development which is needed and cannot locate in other parts of the County? Yes, this type of industry is badly needed in the Windsor area to assist in maintaining practical economics when all other prices are rising. Although asphalt and concrete can be supplied from Ft. Collins, Loveland and Greeley, it must be noted that costs are increased by hauling bulk items and that a considerable economic boost would be injected into the Windsor area if the basic and necessary building materials could be produced locally. 3. Would the proposed rezoning benefit lands adjoining the area requesting the change? Yes. She proposed rezoning request is not to attract industry, but to permit an efficient and orderly extraction of sand and gravel. Once the sand and gravel is removed and the area is left in the planned park configuration it will definitely be an asset and enhance the planned property values for surrounding residential construction. Weld County Planning Commission Page 2 4. What features apply to the property requesting rezoning which make it logical to rezone this tract and not to rezone in a similar manner surrounding properties which may have like land use characteristics? The property in question is uniquely different from the property to the north and west in that it contains a good supply of sand and gravel. The property to the west lies in another county; therefore, the only like property with additional sand and gravel is directly south on the other side of State Highway 392. The gravel deposit follows the river bed area to the south. It is quite true that if a similar request were made to the south, it would be considered and such consideration should be based upon: (a) Whether the company involved in the operation has resources and ability to conduct a satisfactory operation. (b) Whether the intent of such an operation would be to have rezoning to remove the gravel and the residual site be left in a pleasant park arrangement. (e) Whether the operators are integrated into the local communities and have the public interest of such communities in mind. 5. Why are other areas in the County already zoned according to the requested classification, unsuitable for the development which is proposed? The other areas are unsuitable because: (a) The distance to gravel deposit and proper zoning is excessive. (b) The area zoned industrial east of Windsor does not have gravel and would require an uneconomic rehandling and haul of material to locate a plant there with the source west of town. (c) There has been some doubt raised that Kodak might not favor an asphalt plant located east of Windsor. 6. What proof of evidence is available that the original zoning is faulty or that changing conditions in the area justify rezoning at this time. Weld County Planning Commission Page 3 The original zoning was extremely satisfactory, but a new growth situation has developed in the Windsor area that would justify consideration oz rezoning to facilitate the installation of an -asphalt plant. -The low demand previously could be handled by the plants in Ft. Collins, Loveland and Greeley, but the new potential _higher demand justifies an asphalt plant. CP 2(S - I. Harmcn, O'CDon.o,, ce erA.sociaes, Inc. .enrinns Ccr..seirenfs :o the .own a; Windsor ecees7 .o recia .. ,y icn- zorcd "A�:tcu iu:CI ° to 'intspstrici" for e "'OO operating _a concreid and asphalt Olant. C- ? ;aS v. . „✓ui .m e sand and g:av i on his c , or. activity a,:owcs :-e,:.;ru: zones. The site in c,ues,oP, ...-..,.tea some 533 n01 ..� tai clay 292 v ,.. c-. :y iW0 CIiIeJ to the west of cPc.:ion is r.ct sc.tsibie for . _":i. Present industric, zones in t..e Windsor crea are locctee: o....... COL a :d south os--:own. s ,; the bost interests of Windsor o conceritrete aii heavy and :i,cnt cne ercsionof lend ta.uas 7he Wir.osor Comprehensive Deveceprhent wlli recommend the devel- ocrne..: c o .,y ;asieuses ro the west of Windsor. ..;i.. .,..fl9U3.y O ......y.. it.C.C.S J V CQ. ..., ..: :f.E 5�. • C.. CUL ..;C:; These ..ricarests .w ,:4.4;1.1, use:: cc r cc.; J. roam .4.4.44 cos': of `dV TC.5O:'5 3X15 of is :e s- T 3 Satim'I)ts,` Mi 'dhe `roth:Wi I ' coridiiti0ns' are existing. Dated: T* 2, 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-. er July 4,. 1969 and July 25, 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 Commis- sioners, Weld County, Weld Coun- ty 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. 18 Roger A. Gump - Owner Flatiron Paving Co. Ise 3960 South Belair .. Englewood, Colorado DATE: August 6, 1969. TIME: 2:00 P. M. Request:Change of Zonefrom "A" ARrk.gal District to "1" Industrial District A Patel of land in the W1 SW % of Section' -18, Township, iribi4 West. of dr idordideti.)j& th 1 ''&' ! f! f R d< I Dated: July 2, 1989 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- ter July 4, 1969 and July 25; 1969 I, 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. 18 Roger A. Gump dba Flatiron Paving Company 3960 South Belair Englewood, Colorado Date: August 6, 1969 Time: 2:00 P. M. Request: Change of Zone from "A" Agricultural District to "I" Industrial District A parcel of land in the WZSW4 of Section 18, Township 6 North, Range 67 West of the 6th P. M., Weld County, Colorado -containing 10 acres m/1 DATED: JULY 2, 1969 To be published in the Greeley Booster July 4th & 25, 1969 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO RECEIPT FOR CERTIFIED MAIL -30 SENT T POSTMARK OR DATE STREET AND NO. P. 0..SSTATE, AND IP CODE CA/ti EXiNK''ERVICE$ FOR ADDITIONAL Net in RepIPt Shows to whom Shows to whom, end date dete, and where delivered delivered ❑ 10¢ fee ❑ 35¢ fee FEES Deliver to Addressee Only Ill 50¢ fee POD Form 3600 NO INSURANCE COVERAGE PROVIDED— (See other side) Mar. 1966 NOT FOR INTERNATIONAL MAIL Hello