HomeMy WebLinkAbout700011.tiff FINDINGS AND RESOLUTION
CONCERNING CHANGE OF ZONE
PETITION OF WALLACE STEADMAN
The petition of Wallace Steadman, c/o Robert C. Knapple, P. O.
Box 1260, Boulder, Colorado, requesting a change of zone from "A"
Agricultural District to "I" Industrial District of a tract of land located
in the Southwest Quarter of Section 23, Township 1 North, Range 68
West of the 6th P. M. , Weld County, Colorado, more particularly
described as follows:
Commencing at the SW Corner of Section 23, Township 1 North,
Range 68 West of the 6th P. M. , then East 565' more or less, along
the South line of said Section 23, to a point on the East line of
the Union Pacific Railroad Right-of-Way, said point being the
true point of beginning: Thence N82°04'E. , 615 feet, more or
less, along the East line of said Union Pacific Railroad Right-of-
Way, to a point of curve to the right; Thence Northerly, 332
feet more or less, along the arc of said curve to the right to a
point on the South line of the Bull Canal, said arc having a radius
of 831. 95', said arc being along the East line of said Union
Pacific Railroad Right-of-Way; The following courses and
distances are along the South line of the Bull Canal: Thence
S52 00' E. , 40'; Thence S72°00'E. , 40'; Thence S87°30'E. ,
650'; Thence N78°00'E. , 75'; Thence N54°00'E. , 75'; Thence
N38°00' E. , 320'; Thence N52°30' E. , 315 feet, more or less to
a point on the East line of the West 2060' of the SWI of said
Section 23; Thence leaving the South line of the Bull Canal,
South 1360', more or less, along the East line of the West 2060'
of the SW of said Section 23, to a point on the South line of
said Section 23; Thence West 1495 feet, more or less, along the
South line of said Section 23, to the true point of beginning,
containing 31. 5 acres, more or less,
for a proposed car shredding business operation, came on for hearing
on Wednesday, February 4, 1970, and the Board of County Commissioners
of the County of Weld, having heard the testimony and evidence adduced
upon said hearing, and having considered the testimony, evidence and
recommendations of the Weld County Planning Commission filed with
said Board, and having carefully weighed the same, now makes the
following findings:
1. The evidence discloses that the applicant failed to sustain the
burden of proof as to the need for a change of zone, or that the present
zone is erroneous, or that circumstances warrant a change of zone at
this time.
2. The evidence discloses that the present zoning is complimentary
to the surrounding area.
3. The evidence shows that the inhabitants of the immediate
vicinity of the area sought to be rezoned are unanimously opposed to
the change of zone.
4. That each of the preceding findings in and of themselves,
and independent of each other, constitutes a separate and individual ground
for denial of the change of zone.
11 ^2 .
700011
RESOLUTION
WHEREAS, the Board of County Commissioners of the County of
Weld has heard the application of Wallace Steadman, c/o Robert C.
Knapple, P. O. Box 1260, Boulder, Colorado, for a change of zone
from "A" Agricultural District to "I" Industrial District of a tract of
land for a proposed car shredding business operation, said area being
more particularly described as follows:
A parcel of land located in the SW; of Section 23, Township 1
North, Range 68 West of the 6th P. M. , Weld County, Colorado,
more particularly described as follows:
Commencing at the SW Corner of Section 23, Township 1 North,
Range 68 West of the 6th P. M. , then East 565' more or less, along
the South line of said Section 23, to a point on the East line of
the Union Pacific Railroad Right-of-Way, said point being the
true point of beginning: Thence N82°04'E. , 615 feet, more or less,
along the East line of said Union Pacific Railroad Right-of-
Way, to a point of curve to the right; Thence Northerly, 332
feet more or less, along the arc of said curve to the right to a point
on the South line of the Bull Canal, said arc having a radius
of 831. 95', said arc being along the East line of said Union
Pacific Railroad Right-of-Way; The following courses and
distances are along the South line of the Bull Canal: Thence
S52°00' E. , 40'; Thence 572°00'E. , 40'; Thence 587°30'E. ,
650'; Thence N78°00'E. , 75'; Thence N54°00'E. , 75'; Thence
N38°00'E. , 320'; Thence N52°30' E. , 315 feet, more or less to
a point on the East line of the West 2060' of the SW" of said
Section 23; Thence leaving the South line of the Bull Canal,
South 1360', more or less, along the East line of the West 2060'
of the SW+ of said Section 23, to a point on the South line of
said Section 23; Thence West 1495 feet, more or less, along the
South line of said Section 23, to the true point of beginning,
containing 31. 5 acres, more or less, and
WHEREAS, said Board has made its findings on the evidence and
testimony submitted to it, which findings precede this Resolution, and by
reference are incorporated herein and made a part hereof, and
WHEREAS, the said Board has carefully considered the petition,
evidence and testimony and the recommendations of the Weld County
Planning Commission, and given the same such weight as it in its dis-
cretion deems proper, and is now fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED, that the Petition of
Wallace Steadman, c/o Robert C. Knapple, P. O. Box 1260, Boulder,
Colorado, requesting a change of zone from "A" Agricultural District
to "I" Industrial District, be, and it hereby is denied, upon each of
the grounds set forth in the Board's findings therein.
Made and entered this 18th day of February, 1970.
ATTEST: BOARD OF COUNTY COMMISSIONERS
/ , WELD COUNTY, COLORADO
CLERK OF-trig�latD
APB ED AS PTO FORM: I2I/ /1 ( "-,,7/54=1-4'/7/
NTY ATTORNEY
February 4, 1970
I hereby certify that pursuant to a notice dated December 31, 1969,
duly published January 2 and January 23, 1970, a public hearing was had for
the Change of Zone as requested by Wallace Steadman (docket #28) , at the time
and place specified in said notice. The evidence presented was taken under
advisement. The decision will be made at a later date.
ATTEST: annj-j rrc-ei2/
-County Clerk nd Recorder Chairman, Board of County Commissioners
and Clerk to the Board
_. ! /
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AFFIDAVIT OF PUBLICATION 4 . ° ` '
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County of Weld
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State of Colorado - k,f 4d-4, �
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)largorie A. kaaaton
I, do solemnig swear that 1 am the pub- t '* ,,,': .' - „ +
Usher of the Farmer and Miner, a wee ` 4. ` t +veta +� x �t
kip newspaper t r ,, kV'.w,1yy , r. a,,:— r+
printed and published in the Town of Frederick, in the Y • ,,,,�°„p„i�g,, i �.; ¢,., ,a •e ec'v, '
County of Weld, State of Colorado, nd has been general
6s��-y1tw s',j mot ,. i&. f'ze +�`4 sts, ,1, y p.,�,,circulation therein. that said newspaper s ` r„ « ¢�' _ a
uousiy and uninterruptedly published In said county + , # a ` $ n€ itc# '�
fPh•lwo weeks prior to the first publication of the an +kU-. �, + , ' , A.. "
nea2d notice, and that said newspaper is a newspaper _,'„r,
,i � y k ,9. ^ +� s
r
within the meaning of the act of the General Assembly � ,. '� � 'a „ ,"�,, v � �`
of the State of Colorado, approved March 30, 1023, being '! ' _ -
Chapter 139, Session Lawn of 1923, as amended by }vs `'� � `"^.
Chapter 113 of the Session Laws of 1931; and as further + . � ,
amended by Chapter 155 of the Session Laws of 1935 ua :„r„.74., f ,,,,,./;4„:43,0";‘,s 1„
that the annexed notice was published in the regular v, ` " ' _Iv , • ' +""
and entire issue of every number of said weekly news , .,--c
'
panear for a period of OIlQ consecutive issues, and t�« "� '� �` � ,s�
that the first publication of said notice was in the issue t -. c. ° «
of said newspaper dates Jan. 15 197 and t the sw- �' TO �u�
ntr A, �. .„ , •Y ,•R nY
the last publication was in the issue of said newspaper - — __
dated January 15 is 70__ .
In witness whereof, I have set my hand this 3
day of Fabruar_y , 19 70___.
;l ithvv� /L 7i7."---
Publisher
Subscribed and sworn before me this ',3 day
of cJt$ c , 19 ��fd
Notary Public
My commission espires ___-142.- r-fJ
_purauaat itt1os `' 1,_ awsnof
the State,of Colorado,:,a public
hearing will be.beld: in the Office
of The Board of.toasty Commis-
sioners, Weld Qoalityy Weld Coun-
ty Conti Bowe, Greeley, Colorado
at the time specified. All persons
in any manuer•,4nterested in the
following proposed change of zone
•are requested to,.attend and may
be heard.
DOC ET NO. 29
Wallace Steadman (Z-147)
cio Robert C. Knapple
P. 0. Box 1260
Boulder. Colorado
DATE: February.4, 1970
TIME: 3:00 P. M.
REQUEST: Change of Zone
from "A" Agricultural District to
"C" Commercial District
Apart. of the-SW%SW'/• of
Section 23, Township 1 North,
Range 66 West of the 6th
P. M., Weld tounty, Colorado,
more particularly described
as follows:
Commencing at the SW Cor-
ner of-_Section_23, Township 1
North, Range 68 West of the
6th P. M., thence East 50 feet
along the South line of said
Section"23, to a.point on- the
East line of North Washington
Street, said point being the
true point of beginning: Thence
End-350 feet,more or less to
a point en the West line of the
Union Pacific Railroad Right-
of-Way: Thence Northerly 600
feet along" the West line of
said Union .Pacific Railroad
Right o2-Way: Thence West
350 fegt,, morg, or less, to a
point on _the, East line of
North Washington Street;
Theeee.$outh 600 feet along I
the East line of North Wash-
ington Street-to the true point
of fieginntug, Contains 4.8
acres m1l
Dated: December 31, 1969
-THE BOARD OF
COUNTY COMM199IONERS..
WELD COUNTY, COLORADO
4tX: ,._ANN SPOMER
COUNTY CLERK AND
RECORDER AND CLERK.
TO THE BOARD
Published in -The Greeley Boos-
'n 1970 and aannaij
•
NO T I C -E
Pursuant to the zoning laws bf the State of Colorado, a public
hearing will be held in the Office of the Board of County Commissioners
of Wel-d County, Colorado, Weld County Court House atGreeley, -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. 29 Wallace Steadman (Z-147)
c/o Robert C, Knapple
P. 0. Box 1260
Boulder, Colorado
-DATE: February 4, 11370
TIME: 3:00 R. M.
REQUEST: Change of Zone from "-A" Agricultural District to "C" Commercial
District
A part of the 91:1S#4 of Section 23, Township 1 North, Range
68 West of the 6th P. M., Weld County, Colorado, -Wore
particularly described as follows:
Commencing at the SW Corner of Section 23, Township 1 North,
Range 68 West of the 6th P. M., thence East 50 feet along the
South line of said Section 23, to a point on the East line
of North Washington Street, said point being the true point
of beginning: Thence East 350 feet, more or less to a point
on the West line of the Union Pacific Railroad Right-of-Way:
Thence Northerly 600 feet along the West line of said Union
Pacific Railroad Right-of-Way; Thence West 350 feet, more Dr
less, -to a point on the East line of North Washington Street;
Thence South 600 feet along the East line of North Washington
Street to the true point of beginning. Contains 4.8 acres m/1
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
DATED: DECEMBER 31, 1969
To be published in the
Greeley Booster January 2 &
23, 1970
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BEFORE _it'd': WELD COUNTY, COLORADO PLANNB , COMMISSION S Aq
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. Z-149 Date Nov. -4, 1969
APPLICATION OF Wallace Stea-dman
Address c/o Robert C. Knapple, 2, 0. Box 1261. Boulder, Colorado
Moved by Adam Le-Pore 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 "A" %griculture District to Fe" ( Commercial.
District) of of
covering the following described _property in Weld County, Colorado, to-wit:
Ft. of the Southwest Quarter (awl) of Section Twenty-three (23), Township
One (1) North, Ranget Sixty-eight (68) West of the 6th F. M., Weld _County
Colorado
See Attached map
be recommended (Kfragga ) (unfavorably) to the _Board of County Commissioners
for the foil-owing reasons:
MeWiations need to be imposed such a-s screening, air polluti-on,
fewer acres; etc. See attached recommendations of consultant.
Motion seconded by Philip Bowles
Vot-e:
For Passages Leonard Bartels -Against massage:
Philip Bowles . �..,...
Ronald Heitman. .
Adam LeFore
Hoary Brunner... ..... . .. . ..
John Watson
The Chairman _declared the Resolute.-on passed and cordered that a certified copy be forwarded
with the fil-e of this case -to the Board of County Commi-s-sioners for -further proc-ee.dings.
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
Nov.“3.1."19.69_.l.•......•...... , and recorded in Book No. ...... II ., Page No. , of the
proceedings of -said -Planning Commission.
Dated this 4th day of Nov, , 19 69,
Recording Secretary4Weld toaanty Planning Commission
APPLICANT: Wallace Steadman
CASE NUMBER: Z-148 48 &
SUBJECT: Zones Changes A - CI A -- I.
LOCATION: S SW - Sec 23 TI. ! 68
APP Ai ANCE: Mr, Ste. dtan,, Lec-. Alloy, Jim Martin
DISCUSSION: Mr. Martin _C.r osen-i d the pips.: for the zone change and the
operation of the car smashing ope'kt.icn. Hammer mill and -storage of
junked cars woul6 be in the "l zone. The "C" zone would. be used for
office, scalds etc. This location is at the old Washington mine.
Agrec>.m xat wl t.h 2e tt..'!!.:T.: 'ter for ocinirment and cost was presented.
Thy'.i' .'.'!.7 ....? .'a:iii.. ?'� . 4 .-l. cur h. c 7 1,
:' :.t �:�� r. �a-.;� cars w 2. i t: .�'rock piled
at :r-? - t Y.. r .�;:: c21.' -;. r
l 11Sa `L .t a`?�. . ... =:.3 ..;>:i r '°)ll�3a.. '1',.y. et-3. Mr.
.:l•E'.to. _`.i J .. .. -I%`.; ' .u . ?';': .1!-tie:.,. ..C''.t t :F° FT.� ..... ..:?C; the -upholstery.
a Fit.';' a� .r .'1 _ a :.;2' Mr.. `i r j.7,.
_ ;s ,i;. �. e't S taYlt lnf.2: _�e_3• i u�i2 •�C7 it stated the
I'i"'',irtule� Co.'l:i;i S:3 s.'•a '..ou.d :ioma proof of the intent before any
ca'rw' i :c .. tI ,. t.
'f3 8 r' ^_i;:c.i. .i„ :�?". ;i:i::;,:_�n .. .''.'� tl''.s'! could DZ'OCHSS about
40 cars per hour. n'`. s t•.:3t ect he felt it WAS too large an
area. to grant for "D zoning. Couldn't see making a. junk yard out
of tho rest of it. Mr. i—:'y stated it the "C'x zoning were riot
gruntd, thee use would be contrary to the zoning regulations in an
"fi. ' zone. Tht x e bui3.di xgAi-n the "C" area that will be used in
the operation. Mr. Alley stated east of the tracks there is a good
sized lake. Mr. Martin stated ted Mr. Bean had been generally in favor
of the rezoning. Mr. Le-Pore asked if they were allowed 3 weeks be-
fore the plant is in operation to start -stockpiling if it would be
suffinTent time.
MOTION: By Mr. Watson to take the matter under advisement until an opinion can
be obtained from Trafton Bean. Second by Mr. Bartels. A unanimous
vote of "Aye". Motion carried.
- /irJ
CASE NUMBER: 2-147: Z.!wr" - '..a'lace St aadman .. contirnied.
DISCUSSION: Mr. Alley stated the property cannot be bought :subject to a zone
change. Their option ex Tres No-v. 1.5th. Mt Watson stated they
could give him no assurance that the County Commissioners would
approve the recommendation of the Planning Commi-ssion. Mr. -Bowles
stated there are platted subdivisions across the highway and quite a
bit of activi'ty in the area.. These people-may find this very object-
tionable. Mr. Pd icy stated from having met with Trafton Bean-and
several _of the Planning Commission members they were under the im-
pression that the area east of the highway should be zoned commercial.
Mr. Alley stated the plant itself wouldn't take over l or 2 acres and
would be east of the tracks. Mr. Bowles stated he thought Mr. Stead-
man's operations in Denver were -pretty ratty and couldn't think they
would be any better here. Mr. Watson stated he thought the fact that
he _didn't perform the first time is going to go against him. Mr. Alley
stated Mr. Steadman was getting the money from Canada the last time
was why it didn't work -out. Mr. Bartels suggested maybe zoning con-
ditionally enough area for -the plant then when the plant is -completed,
rezone the rest to stockpile the cars. Mr. Alley stated when the
plant is in operation, there won't be -as many stock piled cars, The;
would need enough for several days run on hand. Mr. Bowles stated the
uncrushed cars are no more of a detriment than the bales that aren't
loaded and the piles of lass, upholstery, tines and wheel. If the
market 1,.eren't right, it would be kept that much longer. If we knew
it was someone that would po in and plant tree and keep the place _up
we might go along, but when .y-ou know he has littered up half of north
Deriver with a very objectionable junk yard, you can't feel too kindly
toward grant inn -the zoning. We kind from experience that he didn't
take care of hie first : oni and there: is no reason to think he will
make a show place operation here.
Mr. Telex ;eta .d the Boerd could eivn. them no kind of assurance at this
time. It w'e".'-c1 till have to c,u o.,e the County Commissioners for a
public 1 3..r i,rT. `.i^;� ,; would jest have to take their chances.
Meet tip; ad: :.i:.l':l 2.::,ti
1 —
.` Rezone: from
A
ame _of ,r .e
(.
,ppl icant: Wallace Steadman , Pi(t to C anca i
`' RECEIVEL)
. r
Secrion 23, TIN R 68W c�. Weil taunt, C
,oca�ion. ,. ..
r„
.. .. tie's, { '•.. y� _. ..._.. . .
•
review of this ap pl icc;,on indicates the following compare with typical reasons for rezoning :
$i
_Justification for Rezoning 11 This Application
11
Driginal zoning was faulty No proven
•;I .
changing conditions in the area Increased traffic on Interstate 25
property has unique characteristics Close to Interstate and railroad - was formerly used
- II as a mine
will meet a county-wide need To some extent
II
will benefit adjoining tracts '
No•will provide essential basic employment No
land cannot be used according to - - - Could be used for agricultural purposes,. though it...- . .. -
its present classification s probably will not be.
other areas already zoned are unsuitable II. To some deg,ea - not exclusively
conforms to the comprehensive plan _No_plan.-yet for this part of.Weld County.. .
/
RECOMMENDATION : . -.-__. _
Approve g7ci;ac Westerly nacres
Xof the Industrial request on .one-year conditional basis
. ..
Disapprove iX t6 ksiV56 xsx..Co_mmerciai„request as not being..justified„-----_ . __. .. .. .. . ... .. . . _. ...
Table _ .
M. original su estion to the applicant's attorney was-for him not to_as'k..for an. I zone west of the ..
-
railroad, but rather to apply for a B zone. This recommendation should not have been interpreted,
however, as my favoring ev_en the B rezoning. -
Report by; Harman, O'Donnell A Henninger Associates, inc.
' 2727 East 2nd Avenue, Denver, Colorado 80206
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