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Home My WebLink About720436.tiff F t rv� _ RESOLUTION WHEREAS, it has been determined by the Board of County Commissioners, Weld County, Colorado, that a proposed sale of a tract of land more particularly described as follows, to-wit: A piece of land located in the SE corner of the SE quarter of Section 24, Township 5 North, Range 67 West of the 6th P. M. , Weld County, Colorado, which is described approximately as follows: Beginning at the SE corner of the SE 1/4 of Section 24, which is in the middle of the County road intersection; Thence West along the South boundary line of said Section 24, a distance of 320'; Thence North parallel to the East boundary line, a distance of 270'; Thence East parall.el to the South boundary line, a distance of 320', which is the East ` boundary line of said section; Thence South along the East boundary line to the point of beginning, a distance of 270', containing 2 acres, more or less, to the Meroco Broadcasting Company, a Colorado corporation, the owner and operator of radio station KYOU (AM) and KGRE (FM), for the purpose of erecting FM transmitting tower approximately 300 feet high and a concrete block house for transmission equipment does not come within the purview of the definitions of the terms "Subdivision" and "subdivided land" as set forth in CRS 106-2-33, (3) (a) and (b) 1963, as amended, and WHEREAS, the Board of County Commissioners of Wel.d County, Colorado, desires to exempt this articular division of land for the aforesaid reasons pursuant to i au hority under CRS 106-2-33 (d), 1963, as amended, NOW, THEREFORE, BE IT RESOLVED, That the proposed sale and development of the hereinabove described tract of land to the Meroco :Broadcasting Company for the sole purpose of erecting a transmitting station be exempted from the definition-of the terms "Subdivision" and "subdivided land" as provided for in the new Weld County Subdivision Regulations at Section 2-1, A. , (3), adopted Au'gust 30, 1972, • i The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of September , 1972, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I„ ( ti , r • ATTEST: / !aens 3 .5.6; county Ct rc k and' Recorded— <2:3 2 09� n'\ J+a J O. qfPC ;QvY_, ,'l emu Deputy County Clerk R.? 0+Pj ig. J APPRO�ED AST `FORM: J Rt. QdEIVEp i = - 1 - . -.._.. ._ �,, County a I C!J \ / �o Planning Co�,niss 'County Attorney �2c ?_ gv •Lciesuu t, / c l 1 The Weld County Planning Commission held a special executive meeting Tuesday, Sept. 12 , 1972 at 6 : 00 P. M. at the American Legion . Roll call was as follows : Glen Anderson , Chairman Present J . Ben Nix Present John Watson Present Ronald Heitman Present John Weigand (part time) Present Donald Clark Absent Elmer Rothe Absent Others : Glenn Billings , County Commissioner Present Harry Ashley , County Commissioner Present Marshall Anderson , County Commissioner Present Betty Schulte , Commissioner' s office Present Sam Telep , County Attorney Present Gary Eastman , Planner Present Jim Ohl , Planner Present As a quorum was present, the Weld County Planning Commission was ready to do business . SUBJECT: Minutes (tapes of previous meeting heard by Nix, Heitman ,Weig- MOTION :. By Mr. Watson to. approve the minutes of the last regular and . ) meeting . Second by Mr. Nix. A unanimous vote of "Aye" Motion carried. APPLICANT: E . R. Fagerberg CASE NUMBER: S-102 tape 448 SUBJECT: Preliminary plat of Fagerberg Subdivision LOCATION : NE* Sec 29 T6 R65 DISCUSSION : Mr. Lorenson presented the preliminary plat and reviewed the presentation of the last meeting . He explained the develop- ment is limited to 2 access points . There was discussion regard- ing easement necessary to maintain the Bliss lateral at the rear of the property. There was discussion regarding the ROW for the road . Mr. Lorenson stated the City of Greeley had agreed to a lesser amount on the road . They have suggested 80' because of the existing house. MOTION : By Mr. Nix to table the- matter until an agreement between Mr. Fagerburg and the Bliss Lateral has been worked out. After further discussion , Mr. Nix withdrew his motion. 110TIONt By Mr. Watson to approve the preliminary plat subject to a 20 ' easement from the center of the ditch and a 50 ' ROW dedication. Second by Mr. Heitman . A vote of "Aye" by Anderson , Heitman, Nix and Watson . Motion carried . . APPLICANT: N. H . P. Q. • CASE NUMBER : S-99 tape 448 SUBJECT: Plat of Tract A and B of PUD for Highland Hills LOCATION : NZ Sec 15 T5 R66 DISCUSSION : Mr. Lorenson reviewed the application as presented at the previous meeting . Gary Eastman stated the official Unit 813 . . 1 Development had some errors and a corrected plat and resolution are necessary and must be refiled . RESOLUTION : Be it therefore resolved to recommend approval to the Board of County Commissioners subject to the corrected unit development plan being filed . Motion by Mr. Heitman , second by Mr. Watson. A vote of "Aye" by Anderson , Heitman , Nix and Watson . Motion carried. APPLICANT: Chas . R. Schmidt CASE NUMBER: SUP #171 tape 448 SUBJECT: Dairy operation LOCATION : NEQ Sec 13 T5 R65 DISCUSSION : Mr. Lorenson reviewed the case and informed the members it has been published for a public hearing before the County Commissioners . This is approximately 4 miles east of Greeley so the City has not been informed. Capacity would be 120 head . Property had previously been used as a dairy. RESOLUTION: Be it therefore resolved to recommend approval to the Board of County Commissioners subject to the recommendations of the planning staff. Motion by Mr. Nix , second by Mr . Heitman. A vote of "Aye" by Anderson , Heitman , Nix and Watson . Motion carried . APPLICANT : Wm. Koehler CASE NUMBER: SUP #172 tape 448 SUBJECT: Expansion of feedlot LOCATION: E2 Eh NEa SEa. Sec 28 T6 R65 DISCUSSION: Mr. Lorenson reviewed the case as presented at the previous meeting and recommended approval , subject to a maximum of 1000 head , begin construction within one year and construction of a lagoon if deemed necessary. RESOLUTION: Be it therefore resolved to recommend approval to the Board of County Commissioners subject to the recommendations of the planning staff. Motion by Mr. Watson , second by Mr. Nix. A vote of "Aye" by Anderson, Heitman , Nix and Watson. Motion carried. APPLICANT: David Bailey. CASE NUMBER: sup 1160 tape 448 SUBJECT : Dog kennel LOCATION : Nz NE4 SEQ Sec 15 T3 RG6 DISCUSSION : Mr. Lorenson presented the recommendations of the planning staff. . This had previously been before the Planning Commission and was tabled for approval of the Health Dept. RESOLUTION: Be it therefore resolved to recommend denial to the Board of County Commissions as it could be in the path of future growth - of Plattville , it would be a nuisance and would not be compatible with the existing chicken operation in the area . Motion by Mr. Nix, second by Mr. Heitman . A vote of "Aye" by Anderson , Nix , Heitman and Watson . Motion carried. APPLICANT: Miller "640" CASE NUMBER: S-96 tape 448 SUBJECT: Final plat of CasaGrande Estates, firtt Addition 814 . o ^ 1 LOCATION : Sec 17 T2 R67 DISCUSSION: Gary Eastman reviewed the case from the previous meeting . A variance requested on certain block lengths WAsc discussed . A letter from ,the Town of Firestone was read regarding their con- cern of the development. Mr. Lorenson stated other than the block lengths , they have met all requirements . Street profiles have been approved by the County Engineer. RESOLUTION : Be it therefore resolved to recommend approval of the plat to the Board of County Commissioners subject to the Subdivision Agreement being approved by the County Engineer. Motion by Mr. Watson , second by Mr . Heitman. A vote of "Aye" by Anderson , Nix , Heitman and Watson . Motion carried . Motion by Mr. Watson to grant the .variance on block lengths . Second by Mr. Heitman . A vote of "Aye" by Anderson , Heitman , Nix and Watson . Motion carried . APPLICANT : Ivan Gilbaugh CASE NUMBER : Z-206 and S-104 tape 449 SUBJECT: Zone change and preliminary plat of Gilbaugh' s Appaloosa Acres Planned Unit Development LOCATION: SZ SW4 Sec 33 T7 R65 DISCUSSION: Mr., Eastman stated it has been approved by the Health Dept . There was discussion regarding the proposed private road and seepage in the area . Mr . Lorenson explained the lots are small but are planned in conjunction• with the pasture areas . It was suggested a water table study be made. Mr. Lorenson suggested this type of .thing might serve as a buffer area between the growth of the town of Eaton and the intense agricultural uses , such as fdedlots , etc.• It was noted all the percolation tests were made in the pasture areas and should be in the area where the resi- dents would be built. MOTION: By Mr. Heitman to table the matter until percolation tests are made in this area and refer it back to the Health Dept. Mr. Eastman stated there should be adequate covenants covering the open space , batns etc . Mr. Heitman withdrew his motion. RESOLUTION: Be it therefore resolved to recommend denial to the Board of County Commissioners due to the seepage in the area, the perc- olation tests are not in the area of the homes and the proposed private road . Motion by Mr. Heitman , second by Mr. Nix. A vote of "Aye" by Anderson, Heitman , Nix and Watson . Motion carried . APPLICANT: Interladco , • Inc . CASE NUMBER: S-97 tape 449 SUBJECT : Final plat of Indianhead Subdivision LOCATION : NE4 Sec 18 T5 R67 DISCUSSION : Mr. Ohi stated the planning staff recommends denial of the plat . Reasons for denial were read . A letter from the ditch company had been received and there are still problems to be worked out. They have refused to dedicate ROW for highway 34 . On the preliminary plat was shown a dedication for 100 ' of ROW. . . inaudible . , there was discussion regarding the proposed sewage facility and the maintenance of the plant. Letters have been received from adjacent farmers stating they are concerned about the run-off and possible seepage. . 815 � RESOLUTION : Be it therefore resolved to recommend denial to the Board of County Commissioners based upon existing regulations and conformance to them. Motion by Mr. Heitman , second by Mr. Weigand . A vote of "Aye" by Anderson , Heitman , Nix, Watson and Weiaand . Motion carried . . , ' SUBJECT: Existing regulation regarding 660 ' set-back from State Highways' DISCUSSION : There was• discussion- regarding the set-back from State highways for feeding operations . • SUBJECT: Planning Contract with Windsor DISCUSSION : Mr. Anderson stated the Windsor Planning Commission . approved an extension of the contract with the Planning staff • for a planning consultant for Windsor subject to the approval of the County Commissioners . This was a three month contract and they feel they need more time to evaluate the cost for the Plan- ning Services . MOTION: By Mr. .Nix to recommend approval of the contract to the Board of- County Commissioners . Second by Mr. Heitman . A vote of "Aye" , by Anderson , Heitman , Nix and Watson . Motion carried . APPLICANT: Meroco Bradcasting Co . CASE NUMBER: SUP #176 • TAPE 4.0. SUBJECT: Radio tower LOCATION : SE4 Sec 24 T5 R67 DISCUSSION : Mr. Eastman read a letter the attorney of Meroco Broad- casting . A discussion followed regarding request for exempt- tion of filing a minor subdivision application in this instance. It was agreed parcels for public utilities where no water or sewer is required , should be exempt and .each stand on its own merit. This type of use will require a special use permit and observe the proper set-backs . Mr, Eastman presented the material submitted for the Special Use Permit. The facility =will have to have RAA and FCC approVal . RESOLUTION : Be it therefore resolved to recommend approval subject to the approval . by FMIA and FCC and this does not constitute a minor sub- division . Motion by Mr. Nix , second by Mr. Watson . A vote of "Aye" by Anderson , Nix , Heitman and Watson . Motion carried. APPLICANT: College 6reen ,• Inc . CASE NUMBER S-98 tape 450 SUBJECT: Second.. amended plat of College Breen LOCATION: WZ SW4 Sec 11 T5 R66 ry DISCUSSION : Jim Ohi explained a statement4 on tneepllaat that the County vacates all roads and easements as shown on the First Filing. - It will also identify. parcels and structures to maet'jhe desires of the Abstract Company. RESOLUTION : . Be it therefore resolved to recommend approval to the Board of County Commissioners . Motion by Mr. Watson , second by Mr. Heitman . A vote of "Aye" by Anderson, Heitman , Nix and Watson .- Motion carried . Respectfully snbmi ed , DoratbY' Chiand�;`Setretary16 The Weld County Planning Commission held a regular meeting , Monday , October 2 , 1972 at 4 :30 P . M. in the County Commissioner' s office , Court House. Roll call was as follows : Glenn Anderson , Chairman Present Ronald Heitman Present J . Ben Nix Present John Watson Present John Weigand Present Donald Clark Absent Elmer Rothe Absent Others : Burman Lorenson , Planning Director Present Bob Adams , Zoning Inspector Present Cindy Telep, Attorney Present Glen Paul , Sanitarian Present Byron Ewing , County Engineer Present As a quorum was present , the Weld County Planning Commission was ready to do business . SUBJECT : Minutes MOTION : By Mr. Weigand to approve the minutes of the last regular meeting as mailed . Second by Mr . Nix . A unanimous vote of "Aye" . Motion carried . APPLICANT : Charles M. Miyoski CASE NUMBER : Z-207 tape 453 E to C SUBJECT : Zone change for commercial outlet of a greenhouse & nursery. LOCATION: No . part of Lots 4 and 5 NW4 NW4 Sec 15 T5 R65 APPEARANCE:. Mr . Miyoshi DISCUSSION : Mr. Lorenson stated the case had been referred to the City for comment . Their response was that they are not opposed to the use but they felt granting the '_C" zone for the area re- quested is objectionable . The Greeley Comprehensive Plan shows the area residential use, because if the operation should be dis- continued at some time , many objectionable uses could be there . Mr.. Lorenson recommended the request be amended to reduce the "C" zone area to approximately 80 x 150' . The remainder of the 41 acres be allowed for the nursery and greenhouse . The office for the retail outlet would be located on the 80' x 150' area . It was the attorney ' s opinion the nursery and greenhouse would be allowed in the "E" Estate zone and the office and parking for the actual transaction in the area suggested by Mr. Lorenson for the "C" zone . Mr . Miyoshi stated he would like the 150 ' facing the street . RESOLUTION : Be it therefore resolved to recommend approval of the zone change to the Board of County Commissioners for an area 150 ' by 150 ' subject to submitting an amended legal description. Motion by Mr. Watson , second by Mr. Weigand . A vote of "Aye" by Nix , Anderson , Watson and Weigand . Abstain by Heitman . Motion carried . 821 a APPLICANT: Amoco Production Company tape 454 SUBJECT: Spindle Field Production Facility LOCATION : . SWq Sec 34 T2 R67 APPEARANCE: L . G . Gaskins , Dave Warner and John Lang DISCUSSION : Mr . Lorenson stated this facility will be located in a rural area and the improvements will be on skids . This will be a policy decision whether to rezone for this type of facility "Industrial " or process it with a Special Use Permit . Mr. Gaskins explained what activity will take place at this site. This will be one facility to serve many wells . This will allow them to take the water and the liquid carbon out so they can put the dry gas into a gas line and the liquid can be put into a liquid line for refining at a point outside of the state. They will be pur- chasing the site of approximately 15 acres and they have applied for an exemption from filing a minor subdivision. At this point, it was the attorney' s opinion the facility should be in an Indust- rial Zone. Mr. Gaskins stated there will be less than 10 barrels of water per day extracted which will be contained in a pit on the premises . There was discussion regarding the processing of this case through a Special Use Permit. The County Attorney ' s office rendered a verbal opinion that this process should be followed rather than spot zoning . . Mr. Lorenson stated this is a site that is provided for a utility type operation where no water or sewage is required , no traffic problems will occur, therefore, they would not be considered a subdivision and would be granted an exemption which would allow them to proceed with the purchase of the property. MOTION : By Mr. Weigand to have Amoco Production Co . apply for a Special Use Permit. Second by Mr. Watson. A vote of "Aye" by Anderson , Heitman , Nix , Watson and Weigand . Motion carried . SUBJECT: Utility Intallation Agreement APPEARANCE : Myron Mauldin and Mr . Sallee of : Mountain Bell and Ray Fouts of Greeley Gas DISCUSSION : Mr . Mauldin explained that Mountain Bell , Greeley Gas and Home Light & Power are proposing an Installation Agreement and they are asking the Planning Commission ' s endorsement of the Agreement to tie the developer down so he is responsible for final grade and any damages and repairs that might be incurred to the utility lines . This agreement is currently being used in Denver. Mr. Mauldin prsented a film produced by Mountain Bell showing damages and injuries caused by damages incurred by con- tractors cutting utility lines . Copies were given to members , to be studied before the next meeting. Mr. Heitman objected to this being a concern of the Planning Commission. Meeting adjourned . An executive meeting was. held at 6 :00 P. M . at the American Legion . Roll call was as follows : Glenn Anderson , Chairman Present Ronald Heitman Present J . Ben Nix Present John Watson Present John Weigand . Present 822 -4 Others : Glenn Billings , County Commissioner Present Marshall Anderson , County Commissioner Present Harry Ashley , County Commissioners ' Present Betty Schulte , Commissioner ' s office Present Cynthia Telep , Attorney Present Glen Paul , Sanitarian Present Byron Ewing , County Engineer Present Burman Lorenson , Planning Director Present Mr. Anderson called the meeting to .order. SUBJECT : Letter re : Sandy Knolls Estates' - Second Filing CASE NUMBER: S-101 DISCUSSION : It was indicated at the last Planning Commission meeting that the plat was approved subject to a 6" water main and install a fire hydrant. Mr. Lorenson read the motion made on 6/5/72 approving the preliminary plat subject to drainage and fire district approval and approval of the septic system by Kersey. No mention was made of a 6" water main. They do have approval of the drainage and approval from the Fire District has signed the plat and the sewage has been resolved with the Town of Kersey. The modified plat was approved by the Weld County Utilities Coordinating Board on 8/31 /72. It was agreed to approve the preliminary plan as the motion of 6/5/72 read . Any further filing would have to follow the regulations of a 6 " water main . SUBJECT : Utility Installion Agreement DISCUSSION : Chairman Anderson asked the members to study the agreement and be prepared to make comments at the next regular meeting . SUBJECT: Zoning regulations DISCUSSION : Remainder of the meeting was spent reviewing some of the proposed zoning regulations as prepared by A M. Voohrees and Associates . Meeting adjourned . Respectfully submitted , /62a-Q P c �� Dorothy Chl da , Secretary APPLICANT : Town of Windsor RESOLUTION : By the Board of County Commissioners to provide planning services to the Town of Windsor for another three months period . Adopted on the 20th day of Sept . 19721 . APPLICANT: Meroco Broadcasting Co . • CASE NUMBER : SUP #176 1 RESOLUTION : By Board of County Commissioners to approve the sale of the property for locating a transmitting tower and building an be exempt as a minor subdivision for this division of land . Dated 9/27/72 , BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION • RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No.SUP ` 176 Date Q/l q/7? • APPLICATION OF_ r+e.r.o.c:o....F.r..o.ad.ca.st.i..nn ramoa.ny Address- c/o....F.l.w•oo•e1....N.,- Meyer ,..._11.5..._gth.;.s.t..,.., Greeley , Colorado • Moved by ]......lie.r....2;.i.x that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the application for. TRESe6D9x8ffn& ( • DiEttrcif APc Dik r;}e x "HIE _ covering the following described property in Weld County, Colorado, • to-wit: See attached level . Further that the proposed division of land be exempted from the definition "subdivision" under the provisions of paragraph A-3 of Section ?-1 of the Weld County Suhdivision Regulations . • • • be. recommended (favorably)XWm(reA44 to the Board of County Commission- ers for the following reasons: • Water and sewer are not necessary and would not create a traffic problem. Is compatible with surrounding land use and zoning . Subject to FAA and FCC approval . • Motion `'seconded by Jahn... 1.a.ts.an Vote: For Passage: Glen �r�dAPsnn•• Against Passage: • �.o.n.a.1.d.._M e.i.tme.n • 1..,.....Ken rl• J©.h. .._tTa-tsee • The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. PC-Z-005 Cr • CERTIFICATION OF COPY I, Dorothy Chi anda , 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. 12 , 1972 , and recorded in Book No. III , Page No. , of the proceedings of said Planning Commission. . Dated this 13th day of Sept. , 19 7.2. Recording Secretary, Weld County Planning Commission • pC-Z-006 sN \, IIIe � 6 2 h'o 0.2 GGS"L;`n >F� A Pad io' (oWeJ,/- •+ LAW OFFICES HOUTCHENS, HOUTCHENS AND DOOLEY IOOT NINTH AVENUE GREELEY, COLORADO 80631 TELEPHONE 363-9IB6 BARNARD NOUTOHENB • 9.ROBERT HOUTCHENB AREA,CODE 303 , RODOER I.HOUTOHENB , August 16, 1972; ,JOHN J.DOOLEY JOHN B.HOUTCHEN6. • 1 • • 'I 3 .� I . . n . (Ii• 1 1 Mr. Burman Lorenson Weld County Planning Commission Weld County Courthouse 1 Greeley, Colorado 80631 Dear Mr. Lorenson: Meroco Broadcasting Company, a Colorado corporation, the owner and operator of radio, station KYOU WO and KGPE (FM) , has made an offer to purchase approximately 2 acres of land from Ted Blehm, described in the contract as follows: A piece of land located in the SE corner of the SE quarter of Section 24, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, which is described approximately asl follows: Beginning at the SE corner of the SE 1/4 of Section 24, which is in the middle of the County road intersection; Thence West along the South boundary line of said Section 24, a distance of 320 ' ; Thence North parallel to the East boundary line, a distance of 270 ' ; Thence East parallel to the South section boundary line, a distance of 320 ' , which is the East boundary line of said section; Thence South along the East boundary line to the point of beginning, a distance of 270 ' (The parcel to be conveyed by Warranty Deed, will be .described pursuant to a survey which will follow the lines above described.) s The Company proposes to purchase this parcel of land for the purposes of erecting an FM transmitting tower approximately 300 feet high. It is contemplated that KUNC, an FM station ,. . p �1�1bI✓7 _.: . owned and operated by The University of Northern Colorado, %� , . � will also transmit from the proposed tower. In addition \IT 1� ,_\ Nu O) t ' . t a X69,„vs`4%.; a ; QD <19917c7 1, ``" � �� _i , :, / / ' ! , . . . \, . . . ', , • , I, ,• _ �'; Page Two 'f` Mr. Burman Lorenson ' August 16, 1972 • . the tower, .it will be necessary to construct a block or ' . . concrete building of approximately 200 square feet for : the purpose of housing transmitter equipment. The Company is acquiring no water or rights to. use of water with this parcel of land;since no one will reside or have an office on the parcel, sewer facilities will be unnecessary. I The transmitter equipment operates automatically and requires only occasional inspection. . The Company will, in due course, make application to the FCC for broadcasting from the tower and FCC will clear the matter with FAA. The Company will comply with any and all requirements, . that the FCC or FAA may impose. We believe .that the division of the quarter section into two parcels; the one parcel comprising approximately 2 acres which . the Company proposes to purchase and the other parcel, being . the balance of the SE 1/4 of the SE 1/4 of said Section, is not within the purview of 106-2-33 CRS (1963) as amended, and, • . therefore, should be exempt from the definition of the terms "subdivision" and "subdivided land". ,I We will appreciate your submitting this letter to tge Board of County Commissioners and respectfully request that they adopt a resolution exempting the proposed division of said land from . the statutory definition of the .terms "subdivision" and "subdivided land" as set forth in Subsections C (1 and 60 of 106-2-33 CRS (1963) as amended. - f Very truly yours, • - )glu1 rnard Hout� . BH:dm It cc: Mr.EJohh Watson, Opdyke Agency - , Mr.1444Elwood Meyer . • . I I , - , , \ I ' LP '!' . r Iy NAME Meroco Broadcasting Co . 4 FEE ' I SUP # 176 : 72 :42 . TYPE OF SPECIAL USE Radio tower & building BY DATE _. . APPLICATION CHECKED BY ZONING INSPECTOR FILE ASSEMBLED DC 9/11 /721f i LEGAL DESCRIPTION CHECKED BY CO . ATTORNEY { AIRPHOTO %en 97/7/t. j VICINITY MAP PREPARED eiL. /17�Z I 1 SURROUNDING OWNER' S NAMES rt q�l9�2,1 . PLANNING COMMISSION HEARING DATE SET // �,j OTHER AGENCIES NOTIFIED • 1 _ I SOILS REPORT �: IWATER CONTRACT OR LETTER OF INTENT I _I COPY OF APPLICATION TO COMMISSIONERS OFFICE FOR PUBLICATION —, COUNTY CO"ic•;.SSIONERS HEARING DATE SET /.O6/22- _I FIELD CHECK .....------ ��, STAFF REPORT � _/ � . PLANNING COMMISSION HEARING 7// 1/42- g// i PLANNING COMMISSION RESOLUTION x/402.- -D C._ E j COUNTY ATTORNEY CHECK RESOLUTION & LEGAL i i NOTIFICATION OF SURROUNDING OWNERS BY . CERTIFIED MAIL COUNTY COMMISSIONER' S HEARING ` 9/1/72 / COUNTY COMMISSIONER' S RESOLUTION o/a . 8r �_�� w- PLANNING COMMISSION MINUTES 0 -4772 • PLANNING COMMISSION DECISION ( APPROV I DENIED TABLED) , COMMENTS AND ACTION TAKEN GG' . /J I ,- -- -- --- -- . .-------- -- - - -- -- - - - - - _ - - - - - - -_--- / " . : ' 77 SPECIAL USE PERMIT APPLICATION Weld County Planning Commission Services Buil'di'ng , Greeley, Colo . FOR PLANNING DEPARTMENT USE ONLY : CASE NUMBER: 4q1.`Gflr'17g/ Z-2;01.7 PC HEARING DATE : SEC : ( TWP S RANGE : C0 7 CC HEARING DATE : LAND- C E- T: o c 7 S : a 41 1 /4 : 4/ KEY : SUB/DIV CODE : SUB : BLK: LOT: KEY : REFER T0 : PERMIT FEE: � I 1 F-x AA, DATE : APP. CHECKED BY : $ 1- DATE : RECEIPT N0 : LEGAL DESC . APPR V . 4) DATE : TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE RE- QUIREMENTS :. Print or type only , except for necessary signatures . I , (we) the undersigned , hereby request a hearing before the Weld County Planning Commission concerning proposed rezoning of the follow: - ing described unincoporated area of Weld County: LEGAL DESCRIPTION: A part of the Southeast Quarter (SEµ) of Section 24, Township 5 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: r\I Beginning at the Southeast Corner (SE Cor) of Section 24, Township 5 North, .Range 67 West of r\ the 6th P.M. , and assuming the East line of said Section 24, as bearing North 00°00'00" East, and with all other bearings contained herein relative thereto: Thence North 89°17'24" West, along the South line of said Section 24, 320.00 feet; � Thence North 00°00'00" East, 270.00 feet; Thence South 89°17'24" East, 320.00 feet to a point on the East line of said Section 24; Thence South 00°00'00" West, along the East line-of said Section 24, 270.00 feet to the Poin of Beginning. Said described parcel of land contains 1 .983 acres, more or less, including 0.620 acres for county road right—of—way and is subject to any rights—of—way or other easements as recorded y instruments of record or as now existing on said tract of land. STREET LOCATION: ZONE AZ •Nt. PROPOSED USED: Radio Broadcasting Tower and Building. REASON: To move KGRE's Tower sight. See attached letter for explanation. FEE OWNERS OF AREA PROPOSED FOR SPECIAL USE : ©' ' NAME : Blehm Land and Cattle Co. ADDRESS:Rt. 1, Box 84 TEL 588-4676 NAME: ADDRESS:miiliken,. colo. TEL : NAME : ADDRESS : 8o54.5 TEL : I hereby depose and state under the penalties of perjury that all ' statements , proposals and/or plans submitted with or contained within this application are true and correct to the best of y_ nowledge . COUNTY OF WELD ) STATE OF COLORADO ) /, /��,f �G� '"nature : Owner or Authorized Agent Elwood H. Meyer, President Subscribed and sworn to before me this lit n er8a°, Bpadcsstotn Co. ly 72 p - S E A C_ NOTARY PU#IC t� My Commission Expires June 26, 1973 My coMmission_.expires : �,c1�123 56),6 I' ffmc' o � m " �� . N ti = < � „ d, a rl N \, cc--- 0 �y \ 1 OPAM . 1450 KC Ae �,F,M��. /92..3//M��C�� ,�J,�,� (Ci(j". ai1;T[.( dDS 816 9TH STREET/GREELEY, COLORADO/PHONE 356-1450 \ (// #1. f. She will have no need of water. See attached letter for details. • The printed portions of this form approved hr the For LL5O 10 SaIO of Colorado Real Estate Commission (SC 26.7-71) ' VACANT LAND ONLY • RECEIPT AND OPTION CONTRACT '- (VACANT LAND) • • • .July 8 ,19 72 • • RECEIVED FROM MEROCO BROADCASTING COMPANY- A Colorado Corporation , Purchaser (as joint tenants), the sum of $ 700. 00 in the form of corporation check ' to be held by O_pdyke Agency, Inc_ , broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in thee. County of Weld ..._._._.__, Colorado, to wit: A piece of • land locatedin the SE corner of the SE quarter of Section 24, Township 511, flange 67 West • of the 6th P.M., Weld County, Colorado, which is described approximately as follows; Be- ' ginning at the SE corner of the SEe of Section 24, which is in the middle of the County road intersection; thence West along the South boundary line of said Section 24, a distance of 320'; thence North parallel to the East boundary line, a distance of 270'; thence East parallel to '. the South section boundary line, a distance of 320', which is the East boundary line of said section; thence South along the East boundary line to the point of beginning, a distance'of ' 270'. This will contain approximately 1. 98 acres, more or less. : ivith all easements and rights of wny appurtenant therein, whirl, properly purrhanot• ngreon Lu hsy noon Lhn rnllow)ng ' terms and,condilhmn fur the purrhnun prier ar :I 7„°00. 00 pn,vnblr nit I'ulln Tt•,i $ 7011, hereby reccipledtnr,Y ...(i,;3Ql)...11(1 )lltllall(1e will bo pay:tido in cnnh upon trannl'nr of WnrrOuty ' Decal to the purchaser and all conditions-rot this option luw0 been fulfilled by rill par•tici), a which shall not bu later than eeeinber I , '1972. Price is Lo 1'10.'1'1(10 it survey by a rrigls- lered engineer as W (.he boundary linos of said properly. IL iri undorslood Una Llio Yriidrllfs , of the County roads constitutes the North and East boundary 1inoN. . Price to include: • r. i, r.: •! 'u • • 1. Anabstraotot•-title-to-th-id-property,-eStrified-to-date,-er a current commitment for title insurance policy,in . an amount equal to the purchase price, at seller's option and expense,•shall be furnished tho purchaser on or before 1. November 20 , 19 72 If seller elects to furnish said title insurance commitment, seller:, ' will deliver the title insurance policy to purchaser after closing and pay the premium thereon. , 2. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient warranty deed to said purchaser ortDecember 1_-- , 19_72 , or, by e • mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19 payable January 1, 19 and except_ • ; free and clear of all liens for special improvements now'installed,whether assessed or not; and free and clear of all liens and encumbrances except: All taxes, interest, etc. , to be adjusted•to ' December 1, 1972. Seller is to obtain all partial releases necessary. •! •."•1 ' • ' • • . . . •• • and except easements for: • . . . . • and subject to building and zoning regulations and the following restrictive covenants: The purchaser will pursue, in a continuous and diligent manner, to get all necessary zoning permits; permit uses, and other necessary legal matters to enable him to install a. radio sending tower,or towers, necessary in his operation. ; 3. General taxes for 19 (based on 19— levy and 19— assessment), prepaid rents, interest on en- ' • cumbrances, if any, and , • shall be apportioned to date of delivery of deed. All to be adjusted to December 1, 1972, NO.SC-26.7.71 Receipt and Option Contract (Vacant Landl—Tiradford Publishing Co., 1826.46 Stout Street,Denver,Colorado--7-71 ' r� — • 4. The hour and place of closing shall be as designated by OPDYKE AGENCY, INC. • _ '. 6: Possession of premises shall be delivered to purchaser cm December 1. 1972 ' subject to the following leases or tenancies: The present owner, Blehm Land and Cattle Company, shall have the right to farm, and shall keep this property in good physical condition. As compensation, he is to receive all crops raised thereon until such time as purchaser wishes to begin construction. 6. In the event the premises are substantially damaged by fire,flood or other casualty between the date of this ' agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, this agreement may, at the option of the purchaser herein, be declared null and void and any deposit herein made shall be immediately returned to purchaser. , . • 7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by purchaser as herein provided, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of , the seller,as liquidated damages. 8. In'the event the seller fails to approve this instrument in writing within SiX days from the date _ hereof, or if title is not merchantable and written notice of defects is given to the seller or agent within the time ' ' herein provided for delivery of deed and shall not be rendered merchantable within 60 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 60 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase'price showing the title ' . to be free from such defects and seller shall pay full premium for such Title Insurance Policy. 9. Additional Provisions: The purchaser is purchasing this property for the purpose of installing permanent radio broadcasting towers and necessary supporting buildings. This will require . approval by certain commissions, a change in zoning, etc.'. As mentioned in paragraph 2,. if this cannot be obtained by October 15, 1972, and the purchaser so elects to declare .this contract ' null and void, then the $700. 00 deposited will be retained by the seller as liquidated damages. . HoweverShe purchaserana.y-,=if-het=receiveq-a-refllcal-troongtryiet.any-br-oe.deasting-tower-s-and neegssa,r3�=ersuiPment,on=this-pr-opert5t, onset to fulfill the care° contract and u��oner-yam=er dsome other purpose°, if he oo desires. No notice in writing to the seller by the 15th of October, jJ w /,1972, will consummate this contract. ' 10. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and ' shall inure to the benefit of the heirs, successors and assigns of said parties. MERO9O BROADC I G C MPANY, A Colorado• Corporation T.6. �� _,/.._ jo ,,� _ Agent OPDYKE AGENCY, Thin. •Auer esl en Dale • .✓ i. - I'm Hauser , Cr°Lary - Dale MOB. S. Opdyl Seller approves the above centrnel, Lbbl....___..._.___day of _ 3.111Y ....._.__..._._.._ ._ ...., 19_72_and agrees to pny n . eaunnhudon of _.._q..__.J/, or the groan miles price for services in this tranneetlnn, and nl;reca Ulna, In the event or forfeiture of payments Dodo by purchaser, such payments shall be divided between the Huller's broker and the seller, ' One half thereof to said broker, but not to exceed the commission, and the balance to the seller. BLEHM LAND AND CATTLE COMPANY, A Wyoming Corporation authorized to do business in a By.i� fia�'7 63-1,-71''. `_ Colora `✓.-1O . .. , ll—�t2 . 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C • C C N y; • •c .0 .C a rJ a PI n D N rl i) O. C .i It - nl 0 O a CI 0 C .-II 7 '1 .C O ET': F< N > P. N 0 a• O 5, 0 .C. N .C .C G. ;; P r0 r1 .i I. [ �• >. 7 O• al a1 C .a. .0 C] .. O .O C• C`,1-• E-• o E- N 670 : O H C• r-1 f' •C rl It V) - �I 1 PROPOSED mAishi TIAl6 F.4CII_ I i lES /In0/0 ETAT'tyv KG RE • • one+a HOUSE n SCr94E /: 2 4C DD O ca 3 r h f Y � I . I nbTER GUY WARES A ERcN BNcNoR FcvcED 270' S IFS _ N•t.: 40°121#1.7" T _ _ Scc :l4 • 30o J : B 0:20' Ill Sec i9 I t nLr�, 75!J R L7to T°v'�''• � /aS' h,1 C TSa R 64W rum' 50 I-11 L _ _ 320'• _ _j i ge c 2r C ;Pi R1714.) SG f0 TSN Q 6 a•J W. c. : /O4t` ' Ss1." PfiOPOSE FACILITIES '19010 ST9TIOAI KG /T E rikm Roust: • • • ..7C/94E I .2 400 - O r-t$ .iz Il A/ �h • fV � I I OUTER COY pMES i E6cl1 4/4:11oR FcvciP 27O --� ru AU.: 40°22154/.7" * —Th(rn � — — — Sec 21,f 8674' o 3oo'. ^°c I v SEc 9 tSN Tvm[c;f 4 F TSB/ �GGi w 7 i /Dot FO 320' _ _ — J sec 25 i SN R Sec :0 Tsw G L av w.'[. : /09449/Ssr" PfiOPOSE ThRIVSMi i TIIUG FACILITIES finolo STATio,v KG RE rtikm ikon? • • • • I 511/9.1-E / 0 2 4400 • tits • s 3 • h f Y I I oUTER GOY &I/RES— • &Kit g61cgae Fc tree o ' 27O1 • S 1O — — AL: 40c22 4(/.7" I u — — p 1% etc X�f 3cJ o'. ; er- i� fit Q Ct 'T SN R 674-' T°u'1" 4 ILr!Uy I� %SN k 66(v' h, Poo' 5o i ' I - - 320' - - -• , sec ZS SEc ;fO rim d7W i TS-A1 .2 6 GG•J PROPOSED IVAI IMIT iING • FACILITIES /1 Rol D STA7f iv KG R E • • rum NOuse • • $'cAcE / o 2,4 Do . • O T r� 3 r n I� • • i I . • • ctrTER GUY t0XES� ' / CRCit AU={1o,2 FcviceP 27O -gy A� iu9.' 40°.2214/.7" u _ I _• — Sec z4 0 MAI 340,1:11 O%20' Nei Sf c i 9 ei0L- o TS." R 44W 757J R 4n° ` j4S%=+�4�, u 1 .0 • 100 yl � L _ _ 320' — — — J • $Fc 2S Sec Jo TSN R 47t0 TSN R6LPJ i /04ni Ss;" . • PETITION SUPPORTING SPECIAL USE PERMIT 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 application submitted by KGRE , hereby petition you to grant this request for broadcast transmitting use, Signature Mailing Address Description of Property BLEHM LAND AND CATTLE COMPANY, Route 1, Box 84 SE4, Section 24-5-67 and Milliken, Colo Section 25-5-67 .RV - 80543 President NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET NAME MAILING ADDRESS Blehm Land and Cattle Company, Route 1, Box 84 Milliken, Colorado, 80543 Sierra Investment „Company ' 1219 8th Avenue, rreeley, Colo. 1. J Surrounding Property Owners; Meroco Broadcasting Company (SUP 176) Blehm Land and Cattle Company Route 1, Box 84, Milliken, Colorado 80543 Sierra Investment Company 1212 8th Avenue, Greeley, Colorado FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello