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Home My WebLink About740027.tiff FINDINGS AND RESOLUTION CONCERNING CHANGE OF ZONE PETITION OF ELMER MOORE The petition of Elmer Moore, 5108 Elm Court, Denver, Colorado, requesting a change of zone from "A" Agricultural District to " B" Business District, Business Unit Development, of a parcel of land more particularly described as follows , to-wit: A parcel of land located in the Southwest Quarter of the Southwest Quarter (SWaSW4) of Section Three (3) , Township Two (2) North, Range 68 West of the Sixth P.M. , Weld County, Colorado, containing 4. 5 acres, more or less, came on for hearing on September 9 , 1974 , and the Board of County Commissioners of the County of Weld, State of Colorado, 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 and investigation show that the inhabitants of the immediate vicinity of the area sought to be rezoned are generally opposed to the change of zone. 3. The evidence discloses that the present zoning is complementary to the surrounding area, and that rezoning of subject land would not be compatible with the surrounding land use and not in conformity with the Weld County Comprehensive Plan. 4. The evidence and investigation show that the proposed area for development to be in the flood plain areas of Boulder and Idaho creeks, and no evidence has been submitted indicating the area is not in a flood plain; therefore, granting of the proposed change of zone would encourage residential development within a flood plain as determined by the United States Geological Survey and thus would not be in the best interest of the citizens and future citizens of Weld County. 5. The evidence discloses that the proposal would constitute spot zoning and that if a commercial activity were allowed, it would encourage strip commercial development along Colorado State Highway No. 119 , and that this would not be in the interest of good planning. 6. The evidence and investigation further show that the proposed area for development is underlain by high grade sand and gravel deposits based on maps prepared by the Colorado Geological Survey. The Colorado Open Mining Land Reclamation Act states: "After July 1, 1973 , no board of county commissioners , governing body of any city and county, city, or town, or other govern- mental authority which has control over zoning shall, by zoning, rezoning, granting a variance or other official action or -9L03 740027 inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor. " 7. 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. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has heard the application of Elmer Moore, 5108 Elm Court, Denver, Colorado, requesting a change of zone from "A" Agricultural District to "B" Business District, Business Unit Development, of a parcel of land as hereinabove recited and made a part hereof by reference, 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 has given the same such weight as it in its discretion deems proper, and is now fully advised in the premises. NOW, THEREFORE, BE IT RESOLVED, that the petition of Elmer Moore, 5108 Elm Court, Denver, Colorado, requesting a change of zone from "A" Agricultural District to " B" Business District, Business Unit Development, of a parcel of land indicated above be, and it hereby is denied on each of the grounds set forth in the Board' s findings therein. Made and entered into this 13th day of November, A.D. , 1974 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO . ATTEST: m/-/�, (7 Weld County Clerk and Recorder and Clerk to the Board Deputy Cou Clerk APPROVED AS TO FORM: j County Attorney -2- RECEIPT FOR CERTIFIED MAIL-300 (plus postage) SENT TO POSTMARK OR DATE Elmer Moore STREET AND NO. - td 5108 Elm Court P.O., STATE AND ZIP CODE Denver, Colo. 80200 11/14/74 OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1. Shows to whom and date deli 15O RECEIPT With delivery to addressee only 654 2. Shows to whom,date end where delivered 35e SERVICES With delivery to addressee only 854 DELIVER TO ADDRESSEE ONLY 50d _ ..._ - _ w SPECIAL- DELIVERY Centro fee required) Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL n GPO:1972 0-469-743 • i l 0; ,I4 • l t,44:1 ss31x a k . ttom I i . { Y J r • 1 �.l }.. 1� At)i ' e.y{ Y ILE r4 I / RJR Fi£arweelR.` ', ktiatiats September 9, 1974 I hereby certify that pursuant to a notice dated August 7, 1974, duly published August 9, 1974 , and August 30, 1974, in the Greeley Journal, a public hearing was had on a request for a Change of Zone, A to B-UD, by Elmer Moore, at the time and place specified in said notice. A motion was made and seconded to take the request under advisement. Motion carried. ATTEST: ��, e. (` COUNTY CLERK & 'RECY)RDER CHAIRMAN } AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DEPUTY COUNTY CLERK 1. N NOTICE Pursuant to the zoning laws of the State Df Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to -attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of The -Board of County Commissioners, Weld County Court House, Greeley, C-olorado. Docket No. 102 Elmer Moore 5108 Elm Court Denver, Colorado 80221 Date: September 9 , 197- Time: 10 : 00 A.M. -Request: Change of Zone from Agricultural District to Business- Unit Development A tract of land located in the Southwest Quarter (SWQ) of Section 3, 'Township 2 North, flange 6S West of the 6th T.M. , Weld County, Colorado, containing 4 . 05 acres more or less and being more particularly described as follows : Beginning at the Southwest Corner (SWCor) of said Section 3, and considering the West line thereof to _bear North 00°42 ' East, with all other bearings herein relative thereto; Thence North 00°42 ' East along the West line of said Section 3, a distance of 524 . 85 feet; Thence South 89°38 ' East a distance of 435 .0 feet to the true point of beginning; Thence continuing South 89°38 ' East a =distance of 435 . 0 feet; Thence South 00°42 ' West, parallel to the West line of said -Section 3, a distance of 406 . 25 feet to a point on the Northerly right-of-way line of State Highway No 119 ; Thence North 89°38 ' West along the said Northerly right- of-way line, a distance of 435 .0 feet ; Thence North 00-°42 ' East parallel to the said West line of Section 3, a distance of 406 . 25 feet to the True Point of Beginning, subject to any existing easements or rights- of-way. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S . LEE SHEHEE, JR. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: August 7, 1974 Published: August 9 and 30 , 1974 Affidavit of Publication STATE OF COLORADO, 1 Iss. County of Weld, I Richard L. Tatman I, of said County of Weld, being duly sworn, say that —.. . , I am one of the publishers of NOTICE tit THE GREELEY JOURNAL Parouens to the zoning tale f State of Colorado*Ollie heer YytB- ptl in that the same is a weekly newspaper of general cir- theOtticeotTheSoardMf n mist culation, published in the city of lreeley, in said aiOMteM$Weld County. Celt Weld county and state, that the notice or advertisement, County Court Rouge Greeleeyyy1 o,at of which the annexed is a true co has been ub- the time specified,the person* n ro man- py, p net nsterof Z Yn .following proposed Change of Vide are requested to attend two and-may ALSO rd. KNOWN N _ lished in said weekly newspaper for BE IT ALSO d by the that the y text and maps so certifiedmay eytheCedIn theOffee thew notice published and entire of every m number put is saidi of The County of t C Gmbey, Col- newspaper during the the period time r publication Weld County Court House,Gruel •Col- oratlg. •Y of said notice, and in e the newspaper he proper and not r Docket o j--'-,2' in a supplement icewas thern that i the first u puof dtinne of s' E106 Elm Co said notice contained in the issue of said news- DenvElmCourt 9th Denver,Cele9T080221 Date: 10ptembe[8:48T4 Time;q st:CAM. paper bearing date the day of Dequct t: Business usi esf Unit tramopment. District tra t land ad Development. pmahs. August 74 Arte oftract land oflocatedcti in , Southwest 2 ,AD. 19 ; and North (nge6 W Sstcfi the 3.TP;M., p2 North,u . Colorado, con then 4;M.,urea the last publication thereof in the issue of said moreto, less ado containing more 6.05 acres more or tae era being mgr particularly 30th described G dlet(SWCo,5 of said an the 3,and (:omNg the West Section to newspaper bearing date the day of 3,slid the Weat line thereof to Mint hy� "1,91 yl PWAT BMW+spa _ ether August 74 T7tflsatd3eh 06042'East alonp the Wpm l , 19 ; that the said line afield Section 5n 3,a distance0f 52495 The Greeley Journal has been published continu- feet' ously and uninterruptedly during the period of at Matte South 89138'East a distance of least fifty-two consecutive weeks next prior to the 435.04.0 to the true point of beginning; first issus-ihereof containing said notice or ad a- Thence continuing South 891W'East a distance Of 435.0 feet; tisemen't above referred to; that said newspaper h., < Thence Ocuth 00142' W@sp pparallel to been admitted to the United States mails as secone- the West line of said.Section 3 adMance of class matter under the provisions of the Act4• -408:25 feat to a point on the Northerly March 3, 1879,-or:ny ameddment thereof, aua at right-of-way line of State Highway N0: said newspaper is weekly'news y.per d •ua e• Therl yrorth89,38 line, longpthe said for publishing leg• sots and :'= e en ts tit Northerly right-of-way.line, a dilRance of in the meaning o the I s tare •ra• I �35.Ofeei, N..„ r J1 Thence North 0( 421 East parallel to the •said'fee hoe eTraibn 3,a distance g, �• /f% . -408.2 list tin of_Section as ne of /��///{ subject to any existing easements or • [ P I_ Li rights-of-way. / THE BOARD OF /' COUNTY COIdIS81ONERS Subscribed and worn to before me this-1( 0Y:S.L 'WEE,JR CfSUNTYCLERK A�ECBOARD - • ANDOLERKT THE BOARD c2? Dated:August 7 1974 - day of •` _ , A.D. 19 Published:August 9 and 30,1974 -Published in-The Greeley Journal - ' 7-. (, - >La My commission expires /— Notary/Public. or �CS Gr W tLA. G 417 Cr NI I C ,J z, C cdr, C AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado !I County of Boulder ) ss H I Dan H . Shrader do I'I NOTIC solemnly swear that the LONGMONV DAILY "LIMES-CALL H Ewen the a GBlara• 1 .o l bt to Stale In thre``Plf 'P"YT j rd al,County is a daily newspaper printed, in whole or in part, and C0WJpa' C Court anse, Grit*.C a times led. published in the City of Longmont, County of Boulder, State Alftarinnrp'mu(Aerinternflym Mere tinging maimed Change of;Yone of Colorado, and which has _general circulation therein and in ". Q tea. are requested. LS . attend may be BE IT ALSO KNOWN that th th e text and parts of Boulder and Weld Counties; that said newspaper has Can }}nh Mots the be « In been continuously and uninterruptedly published for a period of ci � Coun .{ Hoe• • more than six months next prior to the first publication of the one 1p} a'-Ebner Mahe Colo ldo leert x`l.. Denver',inrgarado eb211"annexed legal notice of advertisement, that said newspaper has T ,��-0 1qr ,_. - 1. been admitted to the United States mails as second-class matter By A;- • CONS �lane t AO felt. AOPrgirfnit'ay Iteut (4) under the provisions of the Act of Nl arch 3, 1579, or any amend H mg east at Fires**Cole-lea. •mcnts thereof, and that said newspaper aer is a newspaper duly „. ,.CDuNTvco Y;COL�itp s P`I daily i WELD COUNTY; COLORADO qualified for publishing legal notices and advertisements within CbW NTY CLERK AND RECORDER AND CLERK TO THE BOARD the meaning of the laws of the State of Colorado: that copies '', Published Coin the Aug.26,1914. 4 I of each number of said newspaper, in which said notice or ad- l!! vertisement was published, were transmitted by mail or carrier to each of the subscribers of said newspaper, according to the II accustomed mode of business in this office. That the annexed legal notice or advertisement was published in the regular and entire editions of said daily newspaper once each week on the same day of each week for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated August 26 ,19....74._..,and that the last publication of said notice was in the I issue of saki newspaper dated A u guS t 26 , 19 74 In witness whereof I have hereunto set my hand this ..2.6.t.h... day of A u g,uks,i•. , 19.. .7 IA- ---..Business Manager Subscribed and sworn to before me this 26thday of August 19 74 I My Commission Expires My Commission Expire$A x..9,.1977 l' , Notary Public FEE B •05 Adm. 2B • A _ TENDANCE R E C 0 A D�f Applicant : j��12C�? d ' Time : `� '(,.04 Docket #4\5 _Date : 7e7 Request ; �� '�� _NAME ADDRESS fit • ..i I(2. e 11,0 • . iF COUNTY ATTORNEY DOCKET # /DL2 DATE: Q F TIME : /U C�Oit REQUEST: C CDC to ce / lit; (11,1 17414,14 4_,<1/ (7 ✓ r ? r . , z _ C_� 7 ( 2 ( i t � 1 I 1 BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . _ Z-247 Date July 3, 1974 APPLICATION OF Elmer Moore ADDRESS 5108 Elm Court , Denver , Colorado 80221 Moved by Elmer Rothe 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 rezoning from "A" ( Agricultural District ) to "B-UD"( Bussiness-** District ) covering the following described property in Weld County , Colorado , to-wit : **Unit Development See attached be recommended (xflacwrocmaclmkii) (unfavorably ) to the Board of County Commissioners for the following reasons : See attached Motion seconded by J . Ben Nix VDte : For Passage John Watson _ Against Passage __ . J . Ben N i x -Ronald Heitman A G amy C:nul I,SIcr,,. :. E JULI - ' Elmer Rothe I — !VAT, fnt0•1/i,rBY Tared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board DT County Commissioners for further proceedings . L. w w t c {L 0 N a rc.C 6 s �`� Q � +0 ci 4-- i ft 0 -f- 4_ a) IFTuo 06 (Vb in v s @CD a) v o \ C� �, ��C83 16;O b a^m d' p c QQ) v e to c (i-A° >- a -) 0a -a 6i~ y5V, 0 t) mgr c °'2t>1 �U (f) 0 C�b � > T j7 C N Q 1 f-O CS Q c� 6 � a � NC, - 0 t -Cif a) on rCIdo I- 0 € Fry° j Ur i -= 6cf 0 6 v7Q N `� Q0 � � CS6-) in -D J 6u`� 1�7 FLU c W - ?'� - � 4.C O 6 a-0 eg) qp� cg Ag J ukj Lc(' 0 0 ilf-i- NI C7 - 2-)TA-c, cc 1 06 904 � w , r ( 2E? -CERTIFICATION OF COPY I Linda Jose , Recording Secretary of Weld County Planning e 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 July 2 , 1974 , and recorded in Book No. 4 , Page No. , of the proceedings of said Planning Commission. Dated this ,,3rd ,,, , day of July , 1974 e or ding Secreta , Id County Planning Commission pC-Z-006 4 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303) 353-2212 EXT._221, 222& 223 P.O. BOX 758 GREELEY,COLORADO 80631 C. COLORADOics July 15, 1974 or r , drlr Elmer Moore 1t 5108 Elm Court `OUh`FC. BY xe aric.c ._. Denver, Colorado 80221 >> Dear Mr. Moore: Your request for rezoning from "A" , Agricultural District to "B-UD" Business -District on a tract of land located in the Southwest Quarter of Section 3 , Township 2 North, Range 68 West of the 6th :.M. , Weld County, Colorado, has been recommended unfavorably to the Board of County Commissioners by the Weld County Planning Commission. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your _request to be heard and pay for the "Notice" to be advertised in the official county newspaper by signing this letter in the place provided below. If no answer is received by August 5, 1974, we will consider this matter closed. 2HE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Harry S. As}yley Chairman of the Board I wish to have a hearing on this matter with the Board of County Commissioners and will pay for the advertising as noted above. _Elmer Moore By: WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K. BILLINGS ROY MOSER RECEIPT TOR RTIFIED MAIL-30c, (plus postage) SENT TQ POSTMARK Elmer Moore OR DATE OO - D'''' STREET AND NO. 5108 Elm Court -Cr) P.O., STATE AND ZIP CODE CO —0-enVere-Cn1C7r_adQ 80221_ 7/16/74 CQ OPTIONAL SERVICES FOR ADDITIONAL FEES _- 1. Shows to whom and date delivered 150 RETURN With delivery to addressee only 650 RECEIPT 2. Shows to whom,date and where delivered 350 SERVICES With delivery to addressee only 85¢_ DELIVER TO ADDRESSEE ONLY 502 Q SPECIAL DELIVERY (extra fee required) Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL „GPO:E972 o-460-743 ' �TA1T (IF�+1 Hove f s rucffeet al! #"pre',54F., MAW i :r: F dwak. I _. "..-teb#re4,the�seen M article described below','.',, A EGISTERED ND ,5 eIYIM�t O NAYAE OF ADDRESSEE(xq be Med In Co e Aee Mee 289Fit OF ADORESSECI , ANY rx . INSURED N0. A -DATE DELIYERAI,i, SHOW WHERE DELIVERED (Onto if regauetd,d'{MO 4 ZIP Vee Moore COZ )teguest 4 406 1 . The proposed dev-lopment is not in conformance wish the Weld County Comprehensive Plan. The Plan states: "Commercial development in the unincorporated area ol` Weld County has not been extensive thus far. However, all of this development has occurred along the major highways, I-25, U.S. 34 and U.S. 85. This trend should not be allowed to continue, for such commercial development works against the primary purpose of trans- portation arteries, the rapid and safe movement of large volumes of traffic. Land along major arterials cannot be used for commercial use without dis- rupting the controlled access which is such an essential aspect of the proper functioning of arterials. . . . The motivation to lure traffic from high speed, controlled access roads conflicts with the very purpose of these roads . " "Commercial development should be restricted to the incorporated areas of municipalities unless necessary to provide absolutely essential highway services. Gasoline stations, restaurants, motels and other auto oriented services should be located with care at areas where problems of access and traffic conflict can be minimized. Location of commercial use outside of existing municipalities will encourage dispersed growth and will be of little aid to the economic well being of the municipalities. **CONTINUED COMMENTS (Continued, Page 2 Elmer Moore, Z-247 The public has a right to control development along these major transportation routes, for it is the investment of public treasure in these roads which makes them attractive for commercial use. Commercial land use in the County should be limited primarily to those agri- business functions that cannot be located in a municipality. The following policies will guide commercial development in Weld County: 1 . Commercial development will not be encouraged in the unincorporated areas of the County unless it can be shown by the developer that the proposed commercial use cannot reasonably be located in an urban area. 2. Auto-oriented commercial services will be encouraged to locate either within existing municipalities or at well planned and located areas along the major highways and thoroughfares. When located outside the municipalities, the developer will be asked to furnish justification of the need for the proposed commercial facility and to show, through a detailed Planned Unit Development approach, how the development will accommodate the traveling public without interference with the ongoing traffic. 3. Detailed development plans will be needed, along with an economic impact statement and an environmental impact statement prepared by recognized experts, for the develop- ment outside the municipal areas to be considered by the Weld County officials. 2. Permitted uses under the proposed development standards include automobile parking areas; banks; gasoline service stations; offices, personal service shops; places for the conduct of any restricted retail business not of a commercial , industrial or manufacturing nature; places of amusement or recreation; places for serving food or beverages; places of assembly; studios; and theaters. Many of these are not even vaguely related to essential highway services. 3. The Weld County Zoning Resolution requires that Planned Unit Developments shall be located on at least 5 acres of land (Section 6.6(1 )). The Variance approved-by-the -Weld County Board of Adjustment-was-not-sufficient- for a Planned Unit Development. Existing parcel with one half acre variance which was granted totals only 4.557 acres. 4. Proposed sewage disposal system has not been approved by the Health Dept. 5. Area proposed for development appears to be in the flood plain areas of Boulder and Idaho Creek. No evidence has been submitted indicating area is not in flood plain. s COMMENTS (Continued. Page 3 Elmer Moore, Z-247 6. Based on maps prepared by the Colorado Geological Survey, the proposed area for development is underlain by high grade sand and gravel deposits. The Colorado Open Mining Land Reclamation Act states: "After July 1 , 1973, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall , by zoning, rezoning, granting a variance or toher official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future ex- traction of such deposit by an extractor. " 7. In addition, the following comments and/or questions submitted by other agencies, surrounding- property owners or the applicant should be given consideration: ** a. Comments by County Engineer ** b. Comments by State Division of Highways ** c. Letter by Mrs. Albert Rademacher, owner of adjacent property ** d. Answers submitted by applicant in response to the question posed to petitioners requesting change of zoning in Weld County, Colorado ** Attached NOTICE RECEIPT FOR CERTIFIED MAIL 054 (plus postage) SEN .TO POSTMARK in will be Pursuant /ern 7100 LIP ORDATE 9 held in f J/c nty, Colorado, Weld Cot ITT AND j 7 yi All persons (� 1 re requested in any R in P ., STATE AND. IP CODE to atter /7 ' 11Yr i /_0' 1 N'`ER_C�OR ADDIT NAL FEES __ `�` 1. Shows to whom and Oa se delivered 150 RETURNPlanning BE IT AIWith dhliverd to addressee only 65Q ) I� RECEIPT 2. Showst dham,y to dd sseeenlyiroretl 85Q Y ,(✓(,Q.� ft)(Illssloners, C OI11f111 5 S 7 SERVICES With delivery to addressee only 850 Weld Cot • DELIVER TO ADDRESSEE ONLY 500 _ SPECIAL DELIVERY (extra fee required) Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) DOC Apr. 1971 NOT FOR INTERNATIONAL MAIL a GPO:1071 O-480-749 chef CHECK DLOCK(S) Da' fol 40Ym1Y L arga rs for these*atlas) „1b Ix` ONLY ressee Ti' Am14)WI¢tip mlwi )e dncHbed 6 Re )SESerataSi et `.` ` 'SItOR$AMEOF ADDRESSEE(M�tWW. beMNedlre lesu Toi sh s- i I; .I ,r,A oREas. ' �, , A r '' .z c?,....--- � / - ' l i� 4 - NMISSIONERS 1_ e' er„, ✓r/ T X'' . ?rte,. /'#` 13n “?w )r" "' F P ) i3 ' ,:. . RECORDER / (� RECORDER/6_,;‘ P )--- q---7 J Zo C'.GI.Cp infli 30ARD from the office of Greeley , Colorado THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (�( ( 7 1974 Ji Publisher : Please insert the enclosed notice in your next issue the week of �i47((7__ C)( / (7 7( one (1) time only . Also please find encloser' voucher for billing purposes . Please bill the Board of County Commissioners , and include an affidavit of publication . Thank you. Sincerely yours, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO S. LEE SHEHEE, 5R. \:.'eld County Clerk and Recorder And Clerk q y' /I� To The Board BY: (A �t��t., 2 EPUTY COIINTY CLERK REZONING APPLICATION Weld -County Planning Department Services Building, Greeley, Colo. FOR PLANNING DEPARTMENT USE ONLY: CASE_NUMBER: 2-,g, 1' /t7 ID HEARING DATE: /- '7� SEC: L9 IV? a RANGE: 671 -CC REARING PATE: LAND CODE: I: S: 1/4: `l KEY: �; SUB/DIV CODE: SUB: ELK; LOT: KEY: _REFER T , / REZONING FEE: &,•767.., 4r-e' 1 te: /5 L-/ APP. CHECKED BY: 4?...,4-e... 2 Date: / REC. NO. : .s/eref 3) te;° LEGAL DESC. APPROVAL ' 4) - Date: _)r- ,to .,.,moo f D.47 ' A-?/n 20 BE COMPLETED BY PLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIREMENTS: 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 following described unincorporated area of Weld County: LEGAL DESCRIPTION: 7. Fl ,-7s a C. -. e2- . • (If additional space is required, attach an additional sheet of this same size) . STREET LOCATION: 131d) PRESENT ZONE PROPOSED ZONE APPROX AREA: PURPOSE.: IS THIS AREA PLATTED: YES( ) NO C. IF PLATTED, NAME -OF PLAT: IS THIS AREA TO BE PLATTED: YES ( ) NO ( ). IF ,ANSWER IS YES, HAS PLAT BEEN SUBMITTED: YES ( ) NO ( ). FEE OWNERS OF AREA PROPOSED FOR REZONING: NAME: itcva. /I /��-aAA- ADDRESS: i--;7/ 1, 4/ //7 / TEL:y35--POI? NAME: ( Y. r 4/J `I Gc i A_- -ADDRESS: - TEL: NAME: ADDRESS: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plane submitted with or contained within this application are true and correct to the best of my knowledge. COURTY OF WELD ) STATE OF COLORADO ) 1 I ,/ , 4 e, - /,� fir,_eLA.R.> Signature: Owner Authorized Agent Subscribed and -sworn to before me this ./ day -0f C/ 7r , 19 �1�L' Ell. (�/S £ A �� „ <�� NOTARY PUBLIC My _commission expires:///2./.--7.7../7 / /y�� NAME Elmer Moore TEE $125 . 00 pd ZONE NUMBER: Z-247 : 74 : 13 ZONE REQUEST : "A" to "X" /3 —`(" ' DATE BY APPLICATION CHECKED BY ZONING INSPECTOR FILE ASSEMBLED / • 6/10/74 lj LEGAL DESCAPTION CH/E *BAY CO . TORN CO . 2A - .?i i -& --< _ -AIRPHOTO I I)* /I** VICINITY MAPNPREPARED itst Z��3•W SURROUNDING OWNER'S" NAMES 4 •/3• PLANNING COMMISSION HEARING DATE SET 1/5/7-s- OTHER AGENCIES NOTIFIED /. /74/ ,q-- SDILS REPORT WATER CONTRACT OR LETTER OF INTENT DOPY OF APPLICATION TO COMMISSIONERS OFFICE FOR PUBLICATION � ��/ / C- 'COUNTY COMMISSIONERS HEARING DATE SET fIELD CHECK t- L-- STAFF REPORT L. PLANNING COMMISSION HEARING Oh4/ PLANNING COMMISSION RESOLUTION COUNTY ATTnRNEY CHECK RESOLUTION & LEGAL NOTIFICATION OF SURROUNDING OWNERS BY CERTIFIED MAIL COUNTY COMMISSIONERS ' HEARING 'COUNTY COMMISSICNER' S RESOLUTION PLANNING COMMISSION MINUTES -RECORDED MYLAPS C-HANGED PLANNING COMMISSION DECISION (APPROVED ( DENIED )TABLED) COMMENTS AND ACTION TAKEN Page 2 Df 2 WELD COUNTY ENGINEERING DEPARTMENT PLAN REVIEW • By Date Drainage y c) „c<,-+JZ et/t-a pt_o_c.7 to Stnt.r. ..., . / ^ c 64)61‘ Exterior Roads Interior Roads Autl - _ _ ,cc 4.- >- iosaftri „ifit pi-2—tenv-c-pfr es 6134Z Grading Access .14-4as a.[f Other C -e- Form 1 5/22/74 Moorr Business Unit :;evelopment STATE DL_ PART1vl E NT OF HIGHWAYS CHAS. E.SHUMATE a EXECUTIVE DIRECTOR STATE OF-COLORADO DIVISION OF HIGHWAYS F FL DISTRICT 4 E. N. HAASE DWIGHT M. BOWER CHIEF ENGINEER p[^ DISTRICT ENGINEER P.O. BOX 850-1420 - END ST. • GREELEY, COLORADO 80631 • (303) 353-1232 June 27, 1974 Mr. Burman Lorenson Weld County Planner Weld County Courthouse Greeley, Colorado 80_631 Dear Burman: We have reviewed the Moore Business Unit Development P1an located in the SW'/4 of _Section 3, Township 2 North, Range 68 West, along State Highway 119 west of Del Camino. We have no objection to the _rezon- ing of this property from Agriculture to Commercial; however, we do wish to make the following comments. 1. as the trend seems to be towards the development of a commercial strip along this section of State Highway 119, we feel that due consideration should be given to the development of a frontage road by the developers along this section of State Highway 119 to protest the serviceability of the main roadway. As you may recall, we made this same request for the developments along the eastern -end of this section. 2. The location and size of the approach as shown on the plan is as our access deed indicates; however, if any changes are contem- plated or made in the physical characteristics of the approach, we would request that the -changes be reviewed by our Maintenance Superintendent, Milo :Ballinger. 3. We would also bring to your attention the Tact that provisions would have to be made for relocation of the sewage lagoon for accommodation of -a frontage Toad. Thank you for the opportunity to review this plat and make our thoughts and comments known. �� j 73, , Very truly yours, 6'.> �, 4D AC:mb UL cc: D. Graham DWIGHT M. BOWER ti RECEIVED M. Ballinger DISTRICT INGINEER WeMLonnty Tiennini;Commission v Albert Chotvacs Assistant District Engineer y /'-0 ly a y 31, 1974 ;/V� iJlA Board of County Commissioners ' �» 'field -County, Colorado RECEIVED P. O. Box 758 N \Veld Cnun1Y -Greeley, Co'o. B0631 % PlsnninC Comwissmo ti °U L Dear Sirs: I wish to go on record as objecting to the use of the property purchased from me by ELMER MOORE. The location of this property is part SW SWI Section 3, Township 2, North Range 68 West 6th. I had understood that this property was to be used for a private residence, but instead -same is being used c orrmercially and liquor is being served. This is -completely undes- irable, as there are already two liquor establishments on my farm, and this makes a third: The road to Barbour Pond is 3/4 around my property and there are cars parked there all hours of the night, and it is like a city on -weekends and holidays! Mr. Moore's building is on my pasture land, where there are -cattle, and the gates are left open, and sometimes the fence is taken down, and my cattle get out on the four- lane highway! There has been a tremendous amount of vandalism by_liquored-up teenagers and others, including damage to heavy equipment -which I have on my farm, totaling over a $1,000. last year. where the Ramada Inn is now was -originally purchased for a KOA Campground, but the Inn was built instead, and, of course, they serve liquor! I understand that Mr. Moore claims that he has a petition with about 400 signatures ! I have inquired around the neighborhood, and no one signed such a petition! If necessary, I could inaugurate a petition, which would be signed by the other land-owners, all of whom are objecting to the use of this land. Can you advise me where I can obtain a petition form? Mr. Moore has dug a big pond on his 4Z acres, which I do not know whether you know about. I would appreciate you sending an inspector out to view this property, and to inspect my farm and the heavy equipment I have. Also I could point out how the gate is left open, and the danger to my cattle, and also to the cattle of the owners mho lease my land. My husband is deceased, and so I am attempting to cope with this problem by myself, but would appreciate any assistance you can give me. Very truly yours, �� J �.C Lc L- ��.w..�, e_ 7c f� _ Mrs. Albert Rademacher l / :Longmont, Colo. B0_501 t C�k 7 C nose £ngiteerinn ENGINEERING CONSULTANTS MAILING - ADDRESS: BOX 913 i JASPER "JAY"FREESE OFFICE:1615 16TH AVENUE REGISTERED PROFESSIONAL ENGINEER GREELEY. COLO.x0631 REGISTERED LAND SURVEYOR PHONE 352.0100 • June 21, 1-74 • • Weld County Commissioners 9th _Ave. & 9th Ave. Greeley, Colorado 80631 Subject, Moore Business Unit levelopment 5113 Section 3, Township 2 North, Range 68 West Gentlemen, The _following answers are submitted -in response to the -questions posed to petitioners requesting change of zoning in Weld County4 Colorado a 1. The land As presently zoned-"A" agricultural, It would be impractical in -not impossible to develop a 4.0 Acre tract _as an agricultural enter- prise. 2. It is impossible to say that the proposed rezoning would benefit -the entire county. It probably wouldn't, 3. The proposed _rezoning will not _materially benefit or ham ajoining property. 4, This -tract is -a small -tract (4.0 Acres) 1n a -single ownership. One adjacent small tract is zoned commercial. The remaining surrounding tract is a large tract and could be developed agriculturally, 5. Petitioners don't own ether areas suitable for -the proposed development. 6. Conditions are changing in the -area. -Nearby-and adjacent-areas have been rezoned, mostly to commercial zone. In addition the -previous owners have apparently represented this property* as 'commercial to petitioners. 7. Traffic counts have undoubtedly increased signifi-cantly as witness the four landing of Colorado 119, Other business has been located in the area.. Petitioners believe -that their liminess and-investment Is justified by the increased traffic and additional business in -the area. , rees_e ru ne-erinff ENGINEERING CONSULTANTS MAILING ADDRESS: BOX 913 + JASPER "JAY"FREESE OFFICE. 815 16TH AVENUE REGISTEREDPROEESSIONAL ENGINEER GREELEY,COW. 8O631 REGISTERED LAND SURVEYOR PHONE -352.O1OO - - - 2 - 8. The petitioners intend to construct a bar andrestaurant in the pro- posed area. The foundation has al-ready been compl-etado Construction will resume upon approval -with a tentative completion of approximately ninety (-90) days from the date of approval. Petitioners for=the change in -zoning are Mr. ac Mrs. Elmer Moore - 5108 Mai Court, Denver, Colorado, Respectfully submitted, J: •e =ese • Colo _ P.E. & L.S. No. 4392 JFsmas • cct Weld County Planning Dept. ZONING CASE # Z-247 : 74 : 13 • Location Pt SWa SWa Sec 3 T2N R68 West Agenda date July 1 , 1974 Date June 13 , 1974 RE : Lone Chance From: A To : C The Zone Grange for Elmer More (does ) (does not) meet with the requirements of the Weld County Health Department. The Weld County Environmental Health Services recommends that this request be O (disapproved ) . Remarks : )/t_s__ZQ LAi Yours truly , in r Envirol ental Heal Services Recd /VF anntre::....fission PETITION SUPPORTING REZONING Board of County Commissioners of Weld County, Colorado Court House Greeley, Colorado Gentlemen: We, the undersigned owners of property located within 500 feet of the property described in the rezoning application submitted by tteffett -7y? .,` , hereby petition you to grant this rezoning request and to chan e the Zoning District Map that the property involved shall be rezoned fror�aj►y/ - -Zoning District to s Zoning District. Signature Mailing Address Description(s'l of Property PC - Z-002 SURROUNDING PROPERTY OWNERS Z-247 Elmer Moore Albert Rademacher Rt . 4 , Longmont , Colo 80501 David Camenisch Rt . 4 , Box 160 Longmont , Co 80501 Karl Schmuser Rt . 4 , Box 58A Longmont , Co 80501 Distribution Holdings , Inc . 1901 Bell Avenue Des Moines , Iowa 50300 Anthony Heaton , Jr. Rt . 4 Longmont , Co 80501 Richard Hamm , etal . �, \ 1239 - 3rd Avenue 1/4)- � re Longmont , Co 80501 V� � 4lay 31, 1974 -Board of County Commissioners Weir' County, Colorado P. C. Box 758 p Greeley, Colo. 80631 Dear Sirs: I wish to go on record as objecting to the use of the property purchased from me by ,i MER MORE. The location of this property is Fart SWt SW* Section 3, Township 2, North Range 68 West 6th. I had understood that this property was to be used for a private residence, but instead same is being used commercially and liquor is being served. This is completely undes- irable, as there are already two liquor establishments on my farm, and this makes a third4 The road to Barbour Pond is 3/4 around my property and there are Cars parked there all hours of the night, and it is like a city on weekends and holidays ! Mr. Moore's building is on my pasture land, where there are cattle, and the gates are left open, and sometimes the fence i:: taken down, and my cattle get out on the four- lane highway! There has been a tremendous amount of vandalism by liquored-up teenagers and others, including damage to heavy equipment which I have on my farm, totaling over a $7.,000. last year. :'here the Rarada Inn is now was originally purchased for a KOA Campground, but the Inn was built instead, and, of course, they serve liquor! I understand that Mx. Moore claims that he has a petition with about 400 signatures ! I have inquired around the neighborhood, and no one signed such a petition! If necessary, I c..uld inaugurate a petition, which would be signed by the other land-owners, all of who are objecting to the use of this land. Can you advise me where I can obtain a petition form? Mr. Moore has dug a big pond on his 41 acres, which I do not know whether you know about. I would appreciate you sending an inspector out to view this property, and to inspect my farm and the heavy equipment I have. Also I could point out how the gate is left open, and the danger to my cattle, and also to the cattle of the owners who lease my land. My husband is deceased, and so I am attempting to cope with this problem by myself, but would appreciate any assistance you can give me. Very truly yours, eiva,,:\ :."4„.,71Ge;L'/AL .5_, ' Mrs. Albert Rademacher Route Longmont, Colo. 80501 Hello