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ltec M,. .._., .'it)c445 Mary Any-, F®wNkin, Recorder
RESOLUTION
WHEREAS, a public hearing was held on Thursday, December 11,
1969, at 10:00 a. m. in the Chambers of the Board of County Commissioners
of Weld County, Colorado, for the purpose of hearing a petition of Walter G.
ca and Velma Frank, Route 1, Box 206, Windsor, Colorado, requesting a
change of zone from "A" Agricultural District to "I" Industrial District, and
WHEREAS, the petitioners were present in person, and
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 Walter G. and Velma
Frank, Route 1, Box 206, Windsor, Colorado, for change of zone from
"A" Agricultural District to "I" Industrial District, said area being more
particularly described as follows:
A tract of land located in the Northwest Cuarter (NWT) of Sec-
tion 19, Township 6 North, Range 67 West of the 6th P. M. ,
Weld County, Colorado, more particularly described as follows:
Beginning at the Northwest corner of said Section 19, South 1276. 30
feet along the West line of said Section 19, to the true point of
beginning; thence East 500 feet parallel to the North section line
of said section; thence South 362 feet parallel to the West section
line of said section; thence West 500 feet parallel to the North
section line of said section to a point on the West section line of
said section; thence North 362 feet along the West section line of
said section to the point of beginning, containing 4. 155 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 regulations
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 submit 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 subject property and heretofore granted by Resolution of
the Board of Weld County Commissioners on March 25 , 19 70.
700010
'78 i x.'706635
When said gravel pit operation ceases under the terms of that certain
lease agreement dated June 28 , 19 68 , including extensions
and renewals thereof, between Walter G. and Velma Frank, as lessors,
and Hans Gartner of Estes Park. Colorado , as lessee,
copy of which is attached hereto and made a part hereof by reference,
or said gravel 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 ready-mix concrete plant shall be removed
from the premises forthwith.
Dated this 25th day of March 1970.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
jj ;/f <fI^•! rc�/ /.
ATTEST:
R
CLE11.,K OF E BOA D
Deputy County Clerk
AntrpTED AS FORM:
�(JUNT/Y ATTORNEY
-2-
•
1 +
BEFORE THE WED COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. /_,-139 Date March 18. 1970
APPLICATION OF �al,ter.,.Q% & V:.:;lma Frank (Attorney John gx Chilson, 1st,.,.r..t,,, sk_
Loveland, Colo.
Address $t. i,... Rx...2Q6,.. }rt ciso Colo. 80.55.0.
Moved by .=4onald Heitman 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 .uA.ci.. ( .i:4;rioultawe District to ,.'.'.Z".
District) of of
covering the following described property in Weld County, Colorado, to-wit:
In the Northwest Quarter (1P„j of Lection Nineteen (19), Township Six (6)
North, Range Sixty-seven (67) ' ast of the 6th F.S. Weld County, Colorado,
Containing 4.155 acres m/l/
Sae map
be recommended (favorably) ( =1(011 )- to the Board of County Commissioners
for the following reasons:
Meets zoning regulations
Motion seconded by ,„ ,,,,,Philip...Hovles
Vote:
For Passage: Philip Bowles Against Passage:
.leeo ,ar&, Bartels.... _..
Romil.d..Hei.tman
•
.....JQh "Watson
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 of Planning Commission of Weld County, Colorado, adopted on
riaxch_22,...1970 , and recorded in Book No. Il , Page No. , of the
proceedings of said Planning Commission.
Dated this 18th day of March , 19 70.
Recording Secretary, Weltd County Planning Commission
-PC-Z-006
BEFORE Th: WELD COUNTY, COLORADO PLANNING .JMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. -139 Date March 17, 1970
APPLICATION OF ........:Waiter Gk...&..Velma...Frankc. .(Attorney,...JR ... Z,....QW.is.aa,...1.st...N .t. la .
Loveland, Cob .)
Address ht. 1, box 206, .iindsor, Colo. 80550
Moved by Ronald Heitman 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
f orX#' .dl dl C { DICZE$PICIO
DIel .6T APPROV40, OF SI.i'k... 'lAN of GlIAITFZ, PIT OPI :UTION
covering the -following described property in Weld County, Coloraoo, to-wit:
In the Northwest Quarter (N'40 of Section Nineteen (19), Township Six (6)
North, _ ..nge Sixty-seven (67) West of the 6th P. M. Weld County, 5olorado
containing 288 acres m/1.
See map
-be recommended (favorably) (ofiemeabaq) to the Board of County Commissioners
for the following reasons: Subject to the North 5001 not to be excavated (from
Highway 392), a 2/1 slope and dedication of right-of-way for 100+ along County
Line Road
Motion seconded by Philip Bowles .
Vote:
For Passage: Leonard Bartels Against Passage:
Philip Bowles
Ronald Heitman
J. Ben Nix
John Watson
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 of Planning Commission of Weld County, Colorado, adopted on
March 17, 1970 II, and recorded in Book No. , Page No. , of the
proceedings of said Planning Commission.
Dated this 18th day of Maar6h , 19 70,
Recording Secretary, ONeld County Planning Commission
PC-Z-1106
Legal Description for Mr. 'George rancher
Total site to be used for excavation and ultimate residential reuse.
Beginning at the Northeast -corner of the Test Wild the NW1/e of Section
1-9, Township b, Range 67, West of the -6th P.M. , Weld County, Colorado;
thence South -along the East line of said West Half NW1/4 of said Section 19
to the South line of said West Half NW1/4 of said Section 19; thence West
along said South line of said West Half NW1/4 of said Section 19 to and
across the Cache -La Poudre -River to its south bank; thence in -a westerly
direction along said south bank of said river to the West line of said
Section 19; thence North along the West line of said Section 19 to the
Northwest corner of said Section 19; thence East along the North line of
said -Section 19, to the place of beginning,
and that portion ofland located in Weld County being the SW1/4, the South
55 -acres of the -W1/4 of the -SE1/4 and all -that part of the SW1/4 of the
NW1/4 South and -West of the Cache La Poudre River, all in Section 19,
Township 6 North, -Range 67 West of the Pith P.M.
Area zoned industrial for ready-mix plant.
Beginning -at the Northwest corner of Section 19, Township 6 North, Range -67
West of the 6th P.M. in Weld County, Colorado; thence along the West line
of said Section 19 South 1276.30 feet to the true point of beginning; thence
last 500.00 feet; thence South 362.00 feet; thence West 500.00 feet to the
Nest line of said Section; thence North 362.00 feet to the true point of
beginning.
L
December 11, 1969
I hereby certify that pursuant to a notice dated November 5, 1-969,
duly published November 7, 1969 and November 28, 1969, a public hearing was
had regarding the Change of Zone as requested by Walter G. and Vslma Frank,
at the time and place specified in said notice. The evidence presented
was taken under -advisement. -
ATTEST: ���
COUNTY CLER AND RECORDER C}3AI-RMAN, BOARD OF COUNTY COMMISSIONERS
AND CLERK T9 THE BOARD
/y )/a � / l_ic ' C
BEFORE -THE BOARD OF COUNTY COMMISSIONERS )
WELD COUNTY, COLORADO )
CHANGE OF ZONE )
WALTER G. & VELMA -FRANK )
December 11, 1969
"A" Agricultural District to )
) 10:00 A. M.
"I" Industrial District
Present:
The Board of County Commissioners
Marshall H. Anderson
Glenn K. Billings
Harold W. Anderson
County -Attorney
Samuel S. Telep
Petitioners
Mr. Walter Frank
Mrs. Walter Frank
Tape #7-8
Mr. Anderson: We will call this meeting to order Docket Number 25
Walter G and Velma Frank, Route 1, Box 206, Windsor, Colorado, December
11, 1969 at the hour of 10:00 A. M. The request is for a change of
zone from "A" Agricultural District to "I" Industrial District. At
this time Mr. Telep will you make the record.
Mr. Telep: Thank you, Mr. Chairman. Let the record show
that as mentioned by the Chairman, that this _cause came on for a
hearing this _day, December 11, 1969, at 10:00 o'clock A. M., as was
published as is required by law. Let the record further show that
this change of zone was published on November 5, 1969, for a change
of zone from "A" Agricultural District to "I" Industrial District
of a parcel of land located in the Northwest Quarter of Section
19, Township 6 North, Range 65 West of the 6th P. M.1 Weld County,
Colorado, and more particularly described by metes and bounds as
contained in the legal description as was published. Said parcel
containing 4.155 acres more or less.
Let the record further show that the petitioners
are present in person, Walter G and Velma Frank, of -Route 1 Box 206
Windsor, Colorado, and that this hearing is being held at the request
of the petitioners.
Let the record further show that Mr. Chilson,
Counsel for the petitioners is not present at the moment, however,
he may be here later.
Let the record further show that the decision or
the decisions to be made if any at this meeting will be rather to
change this zone from agriculture or to industrial of this quarter.
This is more or less fact and whether or not the Board of County
Commisioners will allow the location thereon of a ready mix
concrete plant. So Mr. Chairman, the decision of the Board is
twofold, one whether it will - based on the evidence and testimony
(2)
allow a change of zone and whether it will allow the ready-mix
to locate at this particular location. Mr. Chairman I would like
to state further for the record that there is a resolution on file
from the Weld County Planning Commission whereby the Planni-ng
Commission recommend favorably on this request for a change of
zone, subject to a few conditions, mainly that a request has been
made -for complete rehabilitation plans as to the gravelpit
operation and its connection with the ready mix concrete plant.
Mr. Chairman, I believe we are ready to proceed.
Mr. Anderson: Alright M. Frank, if you would like to tell
us what you plan to do.
Mr. Frank: It is just a matter of a---
Mr. Telep: Would you please state your Tame for the record?
Mr. Franks Walter Frank, Route 1, Windsor.
Mr. Telep: Alright and you are the petitioner, Mr. -Frank?
Mr. Frank: Yes sir.
Mr. Telep: Would you tell the Board in your own words
about this change of zone and how and why you want the change o-f
zone and why you want the Board to allow this particular business
to locate there.
Mr. Frank: I was approached -by Mr. Hammond, Mr. Chilson
and Mr. Thatcher theywanted to start a gravel operation there and
that is next to the river where it is not really fit for anything
else, it is not even good pasture. It is flooded every year down
there. I advised them of this and they said they would clean that
river there and try to help us on the flooding there. The land
- well part of that land already has been excavated for gravel.
I think I sold some to the County Commissioners oh it must have been
7 or 8 years ago they took a lot of -top soil off so it has actually
been in existance already. Frankly it is just a source of income for me,
(3)
if I do get it rezoned and do what they can to get some money.
Mr. Anderson: You would agree then, Walt, if this - after
this gravel pit is worked out that they - you are not going to run
it are you?
Mr. Frank: No sir.
Mr. Anderson: That it would be put back in to a recreation area-
well clean it up so it could be used fora recreation area. We
required that of Flation up north of you. We had a little problem
with the Town of Windsor - they kind of frown on it through their
Planning Commisaion. We think it is fitting and proper not to just
leave a hole in the ground like it is south of Windsor there. If
you make there lay the top soil backand make them get it seeded
I think you will benefit and everything. You could stipulate
that in your lease.
Mrs. Frank: That As in there, we would have brought it had
we known Mr. Chilson woul-d not be here. He had all the plans drawn
as it will be put back and we have already contacted the State Game
to stock it
and Fish for recreational/if so needed and it will be landscaped
and cleaned up. Actually the way the land is now - it is an eye
sore. This would be very very beneficial. That is get it cleaned
out have a lake and have it stocked and go into a recreational area.
Mr. Anderson: Well S think you folks would want it that way.
Mrs. Frank: Yes, this is what we want for all the area.
Mr. Frank: Now we clean it up and spray it - up comes the
river and here we are again with Canada Thistle and Cockle Burs
spray again and the river comes up - it is kind of a sore -point with
us down there with the river trying to keep it clean.
Mrs. Frank: This i-s when Mr. Chilson and Mr. Hammon came and
we do have large gravel deposits down there and they knew this. This
is the reason we went into the lease with them to get St cleaned up.
The property - the whole view - there is a nice view of the mountains
there but it is ruined the way it is now and if you get it cleaned out
and get it landscaped then we have a chance for having&housing up
around Sn the back area of it.
(4)
Mr. Frank: We have the blue prints and the plats all drawn up
and they were presented at the Planning Commission.
Mrs. Frank: The Planning Commission was satisfied with what
they had but they wanted more detail and they have had these plans
by their engineer.
Mr. Teleps Did you notify your attorney ?
Mrs. Frank: Yes.
Mr. Telep: He said he didn't get it so---
Mrs. Frank: Well I called his secretary and sent the docket over to
the office.
Mr. Telep: Well he understands, well Mr. Chairman I would like to
maybe add a little bit more to the record so that it will be in the record.
It appears and it is in the record and I would like to make a direct
statement to that fact - that this location and this _business has the
Windsor
approval of the/Pl-anning Commission and S am sure the approval is conditi-onal
as it is
with our Planning Commission, which is an advisory board to this commission.
that we have complete rehabilitation plans before anything is done by the
Board. In -other words if it is the Boards intention today to grant -this
change of zone and to make a favor-able decision as to location of the
ready mix plant - concrete plant - it would be my recommendation also
that it be conditional on receiving complete rehabilitation plans and
also to the effect that if and when this gravel pit is exhausted and
there is no need further for the concrete ready mix plant - this
portable plant - that then this land would revert back to the original
agricultural zoning.
Mr. Anderson: Alright then to keep our records straight and
everything in order I think at this time we should request all these
plans and everything be a matter of our records so that there will be
no misunderstanding five years from now. Both for your protection
and for ours and why don't we request Mr. Chilson to subthit plans
so that we can put them in our records for this 'change of zone
request and at that time we _can go ahead and grant it. Is that
in order Mr. Telep?
(5)
Mr, Telep: Thats right, yes sir.
Mr. -Anderson: So then at this time I will entertain a motion to
take this under advisement until the proper records are -presented to
us and we can act on it at one of our regular meetings. -Either next
Wednesday or the following Wednesday, if that is agreeable with you
folks, I think - sometimes we don't do this - sometimes these records
don't get in and if we put these stipulations in - 1 think Sam you
should check to be sure everything is in order. Then we can take
it up at our next regular Board meeting or whenever everythin is in
order, so the _County is protected and you people are protected and
everybody know what we are -doing.
Mr, Telep: Mr. Chairman, If I may -make an observation and it
is this that I would like the record to show that there is no one
present in this room _consequently I am sure the Board will presume
that there is no one in this room against the granting of this petition.
Mr. Anderson: There is no one in the room opposing the pp g petition.
Mr. Billings: Mr. Chairman, I move that we take this under
advisement until we receive the -requested -documents.stowing the rehabilitation plans
Harold -Anderson: Mr, Chairman I second the motion
Mr. Anderson: I will make it unanimous. When those records are
made available so we have a complete file on it for your protection -and
our protection we will take action on it next week We would like to have
a little time to look it over, With that we will adjourn the hearing.
f--Vii:,!,-
Deputy County Clerk
Commissioners B, County Attorney request copy of the lease agreement
NOTICE
Pursuant to the zoning laws of the State of Colorado, a public
hearing will he 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. 25 Walter G9& Velma Frank
Route 1 Box 206
Windsor, Colorado
DATE: December 11, 1969
TIME: 10:00 A. M.
REQUEST: Change of Zone from "A" Agricultural District to "I" Industrial
District
A tract of land located in the NW4 of Section 19, Township 6
North, Range 67 West of the 6th P. M., Weld County, Colorado,
more particularly described as follows:
Beginning at the Northwest corner of said Section 19, South
1276.30 feet along the West line of said Section 19, to the
true point of beginning; thence East 500 feet parallel to the
North section line of said section; thence South 362 feet
parallel to the West section line of said section; thence
West 500 feet parallel to the North section line of said
section to a point on the West section line of said section;
thence North 362 feet along the West section line of said
section to the point of beginning, containing 4.155 acres m/1
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK AND RECORDER
DATED: November 5, 1969 AND CLERK TO THE BOARD
To be published t 0,1,„, -14- '?'; -.
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