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Home My WebLink About700020.tiff witi 85 Recorded at flit. 't D G C 2 2 '97 rs ) 706,650 .. „clock _s._...M..._.._......__.r: Rec. No. ._�_ . Mary Ann Feuerstein, Recorder /—I RESOLUTION WHEREAS, a public hearing was held on Wednesday, October 28, 1970, at 2: 30 P. M. in the chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of hearing a petition of Mr. J. G. Milne Jr. and H. H. Short, requesting a change of zone from `D "R" Residential District to "A" Agricultural District, and WHEREAS, the petitioners were not present but were represented by Mr. Douglas Robinson and their attorney, Mr. Sam Oldenburg, and vi WHEREAS, there was no 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 J. G. Milne Jr. and H. H. Short for change of zone from "R" Residential District to "A" Agricultural District, said area being more particularly described as follows: A tract of land located in the NW* of the SE4 of Section 36, Township 6 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and more particularly described as follows: Beginning at the center of said Section 36; thence South 88° 31 ' East along the North line of the SE-1 of said Section 36, 1, 270-1- feet to the East line of the NW4 of the SE4: thence South 01° 47' East, along said East line 771. 3+ feet: thence North 89° 38' West, 1, 295+ feet: thence North 761. 5+ feet, to the true point of beginning, con- taining 22. 2 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 zoing regulations shall be followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. Dated this 12th day of November, 1970. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �/1 , , . ,?"-> ° ATTEST: (�'.2J[J r /eak+° 7 .If they\oard •i, APPROVED AS TO-FORMS—-...� p- �r w I 4 7 77C;, / 6_ 700020 C6unty Attorney -:-91 BEFORE THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 28, 1970 The Board of County Commissioners ) ) Glenn K. Billings ) Harold W. Anderson ) Marshall H. Anderson ) County Attorney ) CHANGE OF ZONE Samuel S. Telep ) MILNE & SHORT County Planner ) "A" Agricultural District to Burman Lorensen ) "I" Industrial District Applicant Mr. Sam Oldenburg, Attorney ) for Petitioner ) Mr. H. H. Short, Resource Manager ) Flatiron Paving ) 10/28/70 .. • 1"` •, "" , , D {� 0,,?...-;:: ...„ MILNE & SHORT; i\i„.i I: -,..---\ i 1 1 i e, . CHANGE OF ZONE S, ks.....e. L.. • i__.._...—.--...z.z.—....—4;.- .� H s,, / 'di ..,‘, ' r - .......- ad456.-11.--',0_...<1...." ill /-Z. & 7 .? //1 / v(e.,../.--1.., (9.1,4, .:. : 1:,..zif.e21,-,, ,.. 7,-.) !! ..L.3 /7 is • it I III }I i1, ii{ • .• t {i, • • • �I • jI it II III • il- i ,Et 1 ti ill i •,, • 01 ' III F . • III • I ' I,I i ! I i • t .1 • i' I 1 , i • i , I j I I • I t, , r ' i . ill . II • it • • Mr. Billings: We will call this hearing to order 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, 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 Number 48 - J. G. Milne Jr. and H. H. Short c/o Karowsky, Witwer & Oldenburg of 315 Eighth Street Building, Greeley, Colorado. Dated October 28, 1970. at 2:30 P. M. The request is for a Change of Zone from "R" Residentaial District -to "A" Agricultural District. Mr. Telep will you make the record. Mr. Telep: Thank you Mr. Chairman. Let the record show that this cause came on for hearing this day, October 28, 1970, at 2:30 P. M. as was published in the legal notice as required by law. _Let the record further show that this hearing is held on the petition of J. G. Milne, Jr. and H. H. Short for a Change of Zone from "R" Residential District to "A" Agricultural District of a parcel of land located in the Southeast Quarter of Section 36, Township 6 North, Range 66 West of the 6th P. M., Weld County, Colorado, containing 22.20 -acres, more or less. Lat the record further show that the petitioners are represented by Mr. Doug Robinson, Resources Manager of Flatiron Paving Company and let the record show that petitioners are represented by counsel Mr. Sam Oldenburg. Let the record further show that this -request for Change of Zone has been recommended favorably by the Weld County Planning Commission on a resolution dated, September 9, 1970. Mr. Chairman I guess we are about ready to proceed. Mr. Billings: Mr. Oldenburg will you explain the reasons for the Change of Zone. Change of Zone - Milne & Short 2 October 28, 1970 Mr. Oldenburg: Thank you Mr. Chairman and Commissioners, first of all I think I would point out that the location of this particular tract of land - is a 22.2 acres tract of land - is located - is bounded on the South by -F Street and on the east by Twenty-fifth Avenue. You will not from the map I have here that this is in fact surrounded on the east, the north and the west by an industrial zone. It is bourdered on the south by property that is owned by a Mr. Richard Williams who recently requested and was granted by this Commission a Change of Zone from "R" Residential to "A" Agricultural. There is a small area on Twenty-eighth Avenue, which is owned by miscellaneous owners, of which it is difficult to acertain by record, this is mobile homes which has been cut up into small tract and parcels. S think that the file will indicate that there has been consents filed by the surrounding landowners which principally is Mr. Williams, Greeley Sand and Gravel Company, and the remaining portion of the Flatiron Company. I might mention recently, Mr. Williams, was here on here on this zoning request getting his tract of land which is on the south from a residential to agricultural. At that time Mr. Witwer of our office appeared and did make a statement to the effect that this did in fact isolated this area from any other residential zoning and surrounded it by non-compatible uses with residential. He did inform the Commission at that time that a request for rezoning would be forthwith product, which was done. Drginally the request was to change zoning from aesidential to industrial but thereafter Mr. Lorensen had some objections to it -because the intended use by the Flatiron Companies was something different than`- their intended use did not require industrial zoning. The application for rezoning was amended to agricultural. Now the land is intended to be used for - to acquire sand and gravel pits as is most of the area surrounding this. The soil tests indicate that there is quite a substantial deposits of gravel and sand in this area, and that the land itself is almost impossible to use as residential as now zoned and would not be compatible. The property also because of the fact that it is isolated and is almost an island in itself from the other agricultural and industrial areas and can never be developed as residential.. Change of Zone Milne & Short 3 October 28, 1970 Mr. Oldenberq: I might mention I took an -overlay map and compared this with the plans of the Island Grove Development and it in no way interfers with it because they don't extend that far. If they did it would -probably be compatible with that intended use in that -they did plan on a water recreation area and if there was a gravel pit there perhaps it could one -day be incorporated, but at least at this point it has not expanded that far. I think that I mentioned that all the landowners surrounding had consented and would reveal their _consent by the -surrounding landowners. I have with me Mr. iJouglass -Robinson of -Flatiron Companies who would answer any technical questions you have, if not 1 would close my statement and rely upon the information contained in the plat Mr. Billings: Mr. Robinson, do you have anything you would like to say? Mr. Robins-on; No I do not Mr. Billings: Mr— Lorensen at this time would you? Mr. Lorensen: Yes, Mr. Chairman, the Planning Commission has recommended approval however there was one stipulation in the approval and that was the stipulation that if zoned -for this use, agricultural_use, that a spacial use permit not be iasued for a batch plant at a later date which could be allowed in the "A" zone. The particular reason for requesting the "A" zone and in preference to the "I" zone is (1) there is a tremendous amount of "I" zone there and the "I" zone does allow a :great deal -of more intense use more than the "A" zone and in addition to that the "d+" zone is compatable with the City of Greeley'a Land Use -Plan for this area to ultimate become a green belt. Because of its location with respect to the river. the surrounding zoning -and land use is compatabile with the proposed rezoning. The existing "R" zoning does have -excellent gravel deposits on it and the "R"zoning, which will allow residential construction would -cover it and make it unavailablefor future and primarily these are the reasons for the -Planning Commissions recommendati-on for approval. Mr. Billings: Do you have any question Harold? Mr. Harold -Anderson: I have no i;uestions. Change of Zone Milne & Short 4 October 28, 197_0 Mr. Billings: Marsh, do you have any questions? Sam do you have any questions? Mr. Anderson: No. Mr. Telep: No sir. Mr— -Billings: At this time let the record show there -are two people present Mr. Oldenburg, representing Mr. Milne and Mr. Robinson of Flatiron and -those two people are in favor of this. Let the record also show that there is no -one present against this Change of Zone. At this time 1 would make a motion that this Change of Zone to either granted Dr denied. Marshall Anderson: Mr. Chairman I move that the Change of ZDne -be granted. Mr. Billings: I have a motion that this Change of Zone be granted -from "R" residential to "A" Agriculture. Harold Anderson: I second the motion. Mr. -Billings: Let the record show that the motion by this Board is also an individual vote of each Board member in favor of this Change of Zone. If there is no more -to come before this -Board I will call the hearing adjourned. Deputy County Clark October 28, 1970 I hereby certify that on this date pursuant to a notice dated September 23, 1970, duly published September 25 and October 16, 1970, a public hearing was had on an application from J. G. Milne and H. H. Short requesting -a Change of Zone. The evidence presented was taken under advisement and the derision will be made at a later date. attest: ;Z. .. , r 'r� County Clerk bid -Recorder Chairman, and _Clerk to the -Board Board rf County Cnmmissioners NOTICE Pursuant to the zoning laws of the State of _Colorado, -a public hearing will be geld 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. 48 J. G. Milne Jr. and H. H. Short c/o Karowsky, Witwer & Oldenburg 315 8th & 8th Building, Greeley, Colorado Date: October 38, 1970 Time: 2:30 o'clock P. M. Request: Change of Zone torn "R" Residential District to "A" Agricultural District Part of the Southeast-quarter (34) of Section Thirty-six (36), Township six (6) North, Range Sixty-six (66) West of the 6th P . M. , Weld County, Colorado containing 22.20 acres, more or less. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK -AND RECORDER AND CLIRK TO THE BOARD DATED.: SE=PTEMBER 23, 1970 PUBLISH: The Greeley Booster September 25 B, October 16 CC I F�F�kY;,,$EPTi�b; 197�fY . . . . . �..�N0T�CE � . . . � Pureuant �to ihe'zoning.laws of�. the State of Saloi�ado�a public I 1ie�-ing wi11 be he}� in the office of We Baar& of Gounty Conemis- sio�recs of Weld. County, Ddorado;� Weld'County�..Court iiouse;Gree-I ley, ColorBdo, at the�time�speci� fied. All persons in any-y�saa�ne.'� i�nteresfed �n� t�e �following�pro•� Posed LhenBe af� zone:�arp�re-. quested' W attend and may be heard, � . . _ . . � DOCKET No. 48 . .. .. . � J. G. Milne Jr�and-H:]-I:.Sl�art-.-�1 c/o Karowsky, Witwer&�61d¢nburg�i 315 8th &eth Building, I Greeley, Colorado , i � DATE: October 28,�1970 � � i � TIME: 2:30 o'clockF. M. �tequesk: Change af Zone frem�� j"R" ResidenQial Distriet to� "A" I Agricultural Distcict � � � _ � Part of J.he Southeut-quarter . (SE'�) of .$eMionl'hirty-six - t36),� Township six �C6)�North; . Range Si�cty-six (661�.�West.:of' .��, . the 8th-P. .M., � Weld�ounty;�. I Colorado, contalning' ��.?A.20.� - �actes,�,more.or less.� � ..- Dated:.September Z3,��1970 THE��&OARD OF'. .�. COUNTY.CONIMiS51QNER5� � � YY$LD COtlNTi', COLORADO �. �.� By: ANfQ'SPD�+ILR �� . CiW1NTY CLERK AEID � I � REGORDER�hND � � I CLERK TO THE.�BOARD ��. � Published in The Greeley:Boos- ter 6eptember 25, 1970 �and� �Oc-_� tAber li. 197D � � . ., ; 4-eh Y 0: -{,4113 3 �� ,( , l' \` /2 i / i'wC�.-er._sti-. c.` IL' u2.-e.. u.—eM/I , t ,I PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S). RECEIPT FOR CERTIFIED MAIL . REQUIRED FEE(S) PAID, SENT TO ,d Show to whamate and address Deliver ONLY Flatiron Paving Co of Bouldi I I where delivered ❑ to addressee STREET AND NO. RECEIPT N P.O.Box 229 % Ted McMurren Received th4pumbered article described below. O7 P.O., STATE AND ZIP CODE REGISTERED ND. .SIG&EADSthAC AME OF ADDRESSEE(Mart always be filled in)', Boulder, Colorado 80802 _ jiff OPTIONAL SERVICES FOR ADDITIONAL FE CERTIFIER NO. E) , IkY�'"'^T^ml Z C DELIVER TO ADDRESSEE ONLytlelivery to addressee cy SPECIAL DELIVERY (2 it delver) ' RETURN 1 Shows to whom and date deliver Q RECEIPT With delivery to addressee or p Shows to whom,date and where I INSURED No. POD Form 3800 NO INSURANCE COVERAGE t DATE DELIVERED SH*WH ELIVERED(only if regretted) N Sep.1968 y NOT FOR INTERNATIONA O SEP.30 1970 RECEIPT FOR CERTIFIED MAE w oed—se--nala-11 80-1e8rc SENT TO >� At t f ✓ Greley Sand & Gravel Matto nu. STREET AND NO. \ EEO C/O_MID Cowan P 0.Box 308 DERuFIED ND. 2 ' ...\.0....\-t...wA-Ca c'sCL3. P.O....STATE AND ZIP CODE SIGNATURE OF ADDRESSEE'S AGENT,IF ANY CO Greeley, Colorado 8I 2 INSURED N0: r. 'CC OPTIONAL SERVICES FOR ADDITIONAL F - ^ ` - � • J RETURN 1. Shows to whom and date dative r \ �'vH� RECEIPT With delivery to addressee r CD ' 2. Shows to whom,date and where DOI DELIVERED SH(�I WH DELIVERED(sly if requested) SERVICES With delivery to addressee a SAP_3 ° _ r O Cr P DELIVER TO ADDRESSEE ONLY pi SPECIAL DELIVERY (2 pounds or less) ii POD Form 3800 NO INSURANCE COVERAGE I, - a1a—Id•aIw-n SPO Sep.1968 NOT FOR INTERNATIOHI ' RECEIPT FOR CERTIFIED MAIZsnawTa wrr . O where delivered;• RECEIPT SENT TO Mr. Richard Williams Received thjnumbered ar MEw DO cribed bej always k phi in), STREET AND NO. SL "MEDFTADOA EE Q') 715 N. 25 Ave__— REGISTERED NO. OD P.O., STATE AND ZIP CODE .- 10 Greeley, Colorado 80631 CERTIFIED NO. EOF ADDRESSEESPANATuR 'S AGENT,IF ANY -- OPTIONAL SERVICES FOR ADDITIONAL FEE RETURN 1. Shows to whom and date deliverm MINED .NO l...) With delivery to addressee on!. O RECEIPT 2. Shows to whom,date and where de r SERVICES with delivery to addressee ant HOW WHERE DELIVERED(oily of Hissed) 7 _ DELIVER TO ADDRESSEE ONLY DATE DELIVERED [ Z SPECIAL DELIVERY (2 pounds or less) - �s arE $ 4g:. F-1 POD Form 3800 NO INSURANCE COVERAGE P? OCS -V , YF 4s GPO Sep.1968 NOT FOR INTERNATIONAL odd—lr'ndu-u aaaw PETIT i)N SUPPORTING REZON Board of County Commissioners of .Weld County:;:Cothr.ado H.... . Court House Greeley, Colorado Gentlemen: We, the undersigned owners of property located within 500 feet of the pprger y described in the rezoning application submitted by James G. Milne, Jr. & Haro161 re $ itian you to grant this rezoning request and to change the Zoning District Map so that the property involved shall be rezoned from Residential Zoning District to imeagert , � Zoning District. 9r Si nip ature - Mailing Address Description of Property .' �: _ . OF VJ. i� t=i _ l A,�t'ice. L,12.CLL c� i) Aav •QC\ l-IQ � C) '0X s� �1V ..(�� . L!•.v41 _1` ,fir-yam V Q. l )6 L 1 r ao L t-z________________ 6.7„....41 �f r.._e_./4_,:_-..-- / - ,%i 0•qeae'l- 914 41 . 1 1;i etst-t €-.,oi e-I.it— • .Cl)6) 65'5/ AA 9' 460.t.t..647 go4; .4,2 .404g . ..ma c U).4.07. --. _. • PC - Z-002 ._ . _ _ - BEk'0R .iih 6'dr1.iJ uuUIViY, l..Uii.+ifti F'.,,ii,/itii.. VU:au� i(Jit RESOLUTION OF RECOMMENDATION TO THE LOARD OF COUNTY COMMISSIONERS .RS Case No. Z-160 Date Sept. 9, 1970 APPLICATION OF J. G. Milne Jr and H. H. Short c/o Karowsky, Witwer & Oldenburg Address 315 8th & 8th Building., Greeley, Colo. Moved by Philip Bowles that the following resolution be introduced f•c1 Pas- sage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for rezoning from ..'.9.T.!.. ( Residential ' District to "A" (Agricultural District) of of covering the following described property in Weld County, Colorado, to-,ait: Part of the Southeast—quarter (SE/) of Section Thirty-six (36), Township V Six (6) North, Range Sixty-six (66) West of the 6th P. N., Weld County, Colorado Yil\ containing 22.20 acres more or less. See attached zone map , W 4 \� J be recommended (favorably) ( Wale) to the Board of County Commissioners for the following reasons: Approved by the City Planning Commission- zoning conforms with their plan however, does not wish a Special Use Permit be issued for a batch plant as it is in a green belt area of their Comprehensive Plan and could be a pollution factor. Surrounding zoning and land use is coipatable with the proposed zoning. Existing "A" zoning would ruin good gravel deposits, the "A" zone would permit the removal of sand and gravel Motion seconded by , Glen.,Anders.on Vote: For Passage: G1en...Ander.s.on Against Passage: Teonard..Bartels Philip Bowles .. ......Ronald..He.itman .... .....Adam•.L.Por.e The Chairman declared the Resolution passed and cordcred that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 5 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. 2-160 Date Sept. 9, 1970 APPLICATION OF . J. G. Milne Jr and H. H. Short c/o Karowskyt Witwer & Oldenburg Address 315 8th & 8th Building, Greeley, Colo. Moved by Philip Bowles 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 ..". ".. ( Residential District to "A" (Agricultural District) of of covering the following described property in Weld County, Colorado, to-wit: Part of the Southeast—quarter (SE4) of Section Thirty-six (36), Township Six (6) North, Range Sixty-six (66) West of the 6th P. M., Weld County, Colorado containing 22.20 acres more or less. See attached zone map be recommended (favorably) PW044W414XP to the Board of County Commissioners for the following reasons: Approved by the City Planning Commission- zoning conforms with their plan however, does not wish a Special Use Permit be issued for a batch plant as it is in a green belt area of their Comprehensive Plan and could be a pollution factor. Surrounding zoning and land use is compatable with the proposed zoning. Existing "H" zoning would ruin good gravel deppeits, the "A" zone would permit the removal of sand and gravel Motion seconded by G1en...Anders.on. Vote: For Passage: ... ... .Glen. Anderson. . Against Passage: Leonard...Bartels ......... Thilip .Bowles . ...Ronald_Heitman . He itman . ..Adam..Le.Pore The Chairman declared the llesolution 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-2-005 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 of Planning Commission of Weld County, Colorado, adopted on Sept. 8, 1970 , and recorded in Book No. III , Page No. , of the proceedings of said Planning Commission. Dated this .9th,.„,_ day of Sept. , 19 74 Recording Secretaxf Weld County Planning Commission pC-Z-006 Hello