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Home My WebLink About790018.tiff HID IS 77 MAY 31 1979 Recorded at ___..��...__......_.. o'etock BOOK 8'70 Rec. No 1'792202 "r Q e RESOLUTION ‘2-4 State of Colorado, Weld County Clerk & Recorder RE: GRANT CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO C-COM- MERCIAL DISTRICT FOR AUGUSTINE ARGUELLO, ET AL, 1214 16TH I• STREET, GREELEY, COLORADO 80631 r1 WHEREAS, the Board of County Commissioners of Weld County, CD ost Colorado, pursuant to Colorado statute and the Weld County Home l'- Rule Charter, is vested with the authority of administering the �-f affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 23rd day of May, O ' 1979 at 2 : 00 o'clock p.m. for the purpose of hearing the pati- o tion of Augustine Arguello, et. al, 1214 16th Street, Greeley, Colorado 80631, requesting a change of zone from A-Agricultural ''^ District to C-Commercial District for the following described parcel of land, to-wit: The South 322feet of Lot 8 of the Southeast Quarter of the Northwest Quarter of Section 30, Township 5 North, Range 65 West of the 6th Principal Meridian, according to the subdivision of said Section 30 by the St. Louis Western Colony, 1873, filed in the office of the County Clerk and Recorder of Weld County, Colorado; EXCEPTING the East 20 feet of the said South 322 feet of said Lot 8 , which TOGETHER WITH the East 20. 00 feet of the balance of said Lot 8 , shall be used for street purposes by the owners of said Lot 8 , more particularly described as follows : Commencing at the Southeast corner of said Lot 8 , and consi- dering the South line of said Lot 8 to bear North 90°00 ' 00" West and with all other bearings contained herein relative thereto; thence North 90°00' 00" West along the South line of said Lot 8 , a distance of 20. 00 feet to the TRUE POINT OF BEGINNING; thence con- tinuing North 90°00 ' 00" West along the South line of said Lot 8 , a distance of 310. 00 feet to the Southwest corner of said Lot 8 ; thence North 00°38 ' 50" West along the West line of said Lot 8 a distance of 322. 00 feet; thence North 89°59 ' 30" East 309. 64 feet to a point, said point being 20. 0 feet distance from as measured at right angles to the East line of said Lot 8 ; thence South 00°42 ' 40" East along a line parallel to and 20. 00 feet distance from the East line of said Lot 8 a distance of 322. 00 feet to the TRUE POINT OF BEGINNING. WHEREAS, Section 8. 2 and 8. 3 of the Weld County Zoning Resolu- tion authorizes the Board of County Commissioners to grant a change of zone upon the showing by the petitioner of certain facts, and ky f . 790018 it BOOK HP f3701792202 WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the petitioners, and the recommendations of the Weld County Planning Commission, and having been fully informed, is satisfied that the request for re-zoning complies with the Weld County Comprehensive Plan and the conditions set out in Section 8. 2 and 8. 3 of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the petition of Augustine Arguello, et al. , for a change of zone from A-Agricultural District to C-Commercial District on the abovedescribed tract of land be, and hereby is, granted provided that a 40 foot right-of-way be reserved on 42nd Street and that no building permits shall be issued until said applicants complete a method of assuring said reservation of such right-of-way by a recorded instrument. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D. , 1979. ttn .. /7\ BOARD OF COUNTY COMMISSIONERS ATTEST: I 'Ail ^s^- $. %fie- u.t�r✓ D COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the( Board / % 1 naputy COLnty C " rk / _ ,, hi. J(vL-f cjf ...______T-Na71O FO C_ \ County Attorne Y DATE PRESENTED: MAY 30, 1979 A public hearing was conducted on May 23 1979 at 2 : 00 P. M. , with the following present: NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER, EXCUSED LEONARD ROE COMMISSIONER, EXCUSED JUNE STEINMARK COMMISSIONER Also present : ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON -PLANNING DEPARTMENT REPRESENTATIVE, TOM HONN The following business was transacted : I hereby certify that pursuant to a notice dated April 16 , 1979 duly published April 19 , 1979 and May 10 , 1979 in the Platteville Herald , a hearing was held on the request of Augustine Arguello , et al , for a Change Of Zone from A (Agricultural District) to C (Commerical District) . The applicant was represented by Samuel S . Telep . Mr . Honn presented the Planning Commission' s favorable recommendation and reviewed the request . Mr. Telep -elaborated on this request . After study, Commissioner Steinmark made a motion to grant this request provided that a forty foot right- of-way be reserved on 42nd Street and that no building permits shall be issued until said applicants complete a method of assuring said reservation by a recorded instrument . Commissioner Dunbar seconded the motion and it carried unanimously. CHAIRMAN BOARD OF COUNTY COMMISSIONERS t- WELD COUNTY, COLORADO ATTEST: WELD COUNTY CLERK AND RECORDER ANU CLERK TO THE BOAR NN ;Deputy County Cl TOgpT # 79-16 TAPE # 79-59 LHR# _f_ - 1Trr-rT-R _. .._ _r- RUM-Fr' mr ._ ATTENDANCE RECORD APPLICANT : AUGUSTINE ARGUELLO, ft AL TIME : 2:0C .M. DOCKET#79-16 DATE : May 23, 1979 REQUEST : COZ (A-C) NAME ADDRESS Legal Notices NOTICE Pursuant to the rezoning laws of the said Sopth>&'2 feet of said Lot e, the State of Colorado and the Weld which TOG T11RR WITH the `County Land Use.Cade, a public East 20.00 felof the balance of hearing will be held in the said Lot 8.shaP.be used for street Chambers of the Board of'County purposes by fh'pwners of said Lot Commissioners of Weld County, 8. more part i arty described as Colorado.Weld County Centennial follows:Comnfeitcing at the South- Center. 915 10th Street. Greeley, east comer of said Lot 8. and Colorado,at the time specified.All considering the South line of said 'persons in any manner interested Lot 8 to bear North 90.00•00"-West in the following proposed Change and. with all other bearings M Zone are requested to attend and contained her*.relative thereto: may be heard. thence North 9?1MY01 West along BE IT ALSO KNOWN that the text the South liner of said Lot 8. a and maps so Certified by the- distance of 20ap feet to the TRUE County Planning Commission may POINT OFB&(i1N\LUG: thence Kest .90'0 continuing do l be examined in the Office pf the lu0.Oar Clerk to the Board of the County along the South. ne of saidLot 8.a Commissioners, located in the distance of—tf e.00•feet to the Weld County Centennial Center. -Southwest miser of said Lot -tl: 915 10th Street. Third Floor, thence North'0►38'50i'West along the West tin _�of said, Lot 8 a Greeley. Colorado. , Docket No. 79-16 distance of 42.00 feel: thence Augustine Arguello,et al North 8.9•59'301East 309.64.feet to 121416th Street point. said point- being Z00 feet distance from A measured at right Greeley.Colorado 80631 Date: May 23. 1979 - angles to the East line of said Lot Time: 2-00 p.m. 8: thence SouQ* 00. 42'411' East Request: Change of Zone, A along aline parallel to and 20.00 (Agricultural District to C (Com- feet distance frtim the East line of mercial District said Lot 8 a distance of 322,00 feet LEGAL DESCRIPTION to the TRUE: !}btNT OF BEGIN- The South 322-feet of Lot 8 of the KING' Southeast Quarter(SFr.,t of the - -:.THE ROAM)OF COUNTY CO3I IISSIONERS Northwest ,QuarteriNWN of Ai-ELD Cf/15T1',COLORADO f1 Section 30, Township 5 North. BY:MARY NN FEt YItSTF.IS' -Range 65 West of the 6th Principal Meridian, according to the subdi- COUNTY CLERK vision of said Section 30-by the St. AKD!REfORDER.AND Louis Western Colony.1873,filed in CLERK TO THE BOARD the office of the County Clerk and DATED: April 16. 1919 Recorder of Weld County.-Colora- Published In the Platteville Herald and LaSalle Leader. April do; EXCEPTING die Bale-9a feet of �,�-d- craw +•re^wi..-_. I - (l % NOTICE. I �' Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial. Center, 915 10th Street, 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 he examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. #79-16 Augustine Arguello, et al 1214 16th Street Greeley, Colorado 80631 Date: May 23, 1979 Time: 2:00 P. M. -Request: Change of Zone, A (Agricultural District) to C (Commercial District) LEGAL DESCRIPTION The South 322 feet of Lot 8 of the Southeast Quarter (SE ;) of the Northwest Quarter (NW a) of Section 30, Township 5 North, Range 65 West of the 6th Principal Meridian, according to the subdivision of said Sect1 n30 by the Et. Louis Western Colony, 1873, filed in the office of the County Clerk and Recorder of Weld County, Colorado; EXCEPTING the East 20 feet of the said South 322 feet of said Lot 8, which TOGETHER WITH the East 20.00 feet of the balance of said Lot 8, shall be used for street purposes by the owners of said Lot 8, more particularly described as follows: Commencing at the Southeast corner of said Lot 8, and considering the South line of said Lot 8 to bear North 90°00'00" West and with all other bearings contained herein relative thereto; thence North 90°00'00" West along the South line of said Lot 8, a distance of 20.00 feet to the TRUE POINT OF BEGINNING: thence continuing North 90°00'00" West along the South line of said Lot 8, a distance of 310.00 feet to the Southwest corner of said Lot 8; thence North 00°38'50" West along the West line of said Lot 8 a distance of 322.00 feet; thence North 89°59'30" East 309.64 fact to a point, said point being 20.0 feet distance from as measured at right angles to the East line of said Lot 8; thence South 00°42'40" East along a line parallel to and 20.00 feet distance fran the East line of said _Lot 8 a distance of 322.00 feet to the TRUE POINT OF BEGINNING. -THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN LUUNTY CT,FRK AND RECORDER AND CLFRK TO THE BOARD - HIE IIII IE 11 Hill -IT II{III 1 I __ BY: Jeannette Ordway, Deputy DATED: April 16, 1979 PUBLISHED: April 19 and May 10, 1-979 in the Platteville Herald E ITV L M I M11 nl�lllill DATE: April l , 1979 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commis-sioners: If you have no objections, we have tentatively set the following hearing for the 23rd day of May, 1979 at 2:00 -P.M. Augustine Arguello, et al - Docket No. 79-16 Change of Zone- A-Agricultural to C-Commercial FICE • Till C TO THE BOARD BY'//.�.._ Deputy The above mentioned hearing date and hearing time may be cheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A 7-72 }-;,,},,La� � tec DATE _PRESENTED: APRIL 9, 1979 fi` ' ) S ... I. �ter- it'll III Tit 'ii!'.:.`f. Pursuant to the rez laws 4 the State of Colored. t the Weld County Land Use Q.l,; a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Centennial Affidavit of Publication Center, ,a15 t8ehme specified.et, Gre All Colorado,at the time All persons in any manner interested ^ --'--'--- in the following proposed Change of Zone are requested to attend and STATE OF COLORADO, 1 may be heard. ss. BE IT ALSO KNOWN that the text County of Weld, and maps so certified by the County Planning Commission may r, ,,1-24.e_e.e_,..e_1`cy_ y __ of be examined in the Office of the Clerk to theBoard of the County said County of Weld, eing duly Bjorn, say that Commissioners, located in the 1 amvpublisher of - Weld County Centennial Center, d'rt), m=_-9_ c_.c <1- to_.-4c-,_.:L,-F-( - 915 10th Street, Third Floor, Y-�'._yl.�. -E�__i • .,i _- _ Greeley,Colorado. th`_h`the same is a weekl ewspaper of general Docket No.79-16 - circulation and printed and published in the Augustine Arguello,et al 1214 16th Street town of`-;r2-6:74_kL ,,E-eL9 - E'er' Greeley,Colorado 80631 in said county and state; that the not�or adver- Date: May 23, 1979 tisement, at which the annexed is a true copy. Time: 2:00 p.m. has been published in said weekly newspaper Request: Change of Zone, A (Agricultural District) to C(Com- for q _ _ _ _ consecutive mercial District)weeks; that the notice was -published in the LEGAL DESCRIPTION regular and entire issue of every number of said The South 322 feet of Lot 8 of the newspaper during the period and time of publi- cation of said notice and in the newspaper Northwest Quarter (NW' of p pe_ il Section 30. Township 5 North, proper and not in a supplement thereof; that the Range 65 West of the 6th Principal first publication of said notice was contained in Meridian, according to the subdi- the issue of said newspaper bearing date, the vision of said Section 30 by the St. . _ day of - r.-9.--7 .L.4.--C Louis Western Colony,1873.filed in { r ,-A.D., 19.7y the office of the County Clerk and and the last publication thereof, in the issue of Recorder of Weld County, Colora- said newspaper bearing date, the 10 _lay of do: Y .1 , 19 7'; that the said EXCEPTING the EasL.20 feet of the said 322feet of said published' K P sa s Lo. by let shall±e ba said[of `4� G 1!"n ,'' e_.,27 -�c the .�cr et-Le i East 20.00 feet of the balance of for has ten contin usl and umnterru t- street purposes Lot edly during the period of at least fifty-two con- 8,more particularly described as secutive weeks next prior to the first issue thereof follows:Commencing at the South- containing said notice or advertisement above east corner of said Lot 8. and referred to; and that said-newspaper was of the considering the South line of said time of each of the publications of said notice, Lot 8 to bear North 90'00'00"West and with all other bearings duly qualified for that purpose within the mean- contained herein relative thereto: ing of on-act, entitled, "An Act Concerning Legal thence North 9(P 001 00"West along Notices, Advertisements and Publications, and the South line of said Lot 8, a the Fees of Printers and Publishers thereof, and distance x(20.00 feet to the TRUE to Repeal all Acts and Parts of Acts in Conflict POINT OF BEGINNING: thence with the Provisions of this Act," approved April 7, continuing North we 00'00" West 1921, and all amendments thereof, and particu along the South line of said Lot 8.a larly as amended by an act-approved, March 30, distance of 310.00 feet to the Southwest corner of said Lot 8: 19 an a t approved May 1 931. thence North 00.38'50"West along the West line of said Lot e a - ,;(44 /17-� /M /'g��-eit distance of 322.00 feet: thence ,^ North 89'59'30"East 309.64 feet to a - Publish point, said point being 20.0 feet 'Subscribed d sworn to before me this distance from as measured at-right day of _ / A.D., 19 79 angles to the East line of said Lot 8; thence South 00 42'40" East • along a line-parallel to and 20.00 e i�� feet distance from the East line of said Lot e a distance of 322.00 feet Idy commission-expires to the TRUE POINT OF BEGIN- NINI Peermrommi{.mmp Noy .'I 19 NING. THE BOARD OF tlWYftli�VPt*yUti@ COUNTY COMMISSIONERS WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD DATED: April 16, 1979 Published in the Platteville Herald and LaSalle Leader, April 19 and May 10, 1979. I iii il—If' h it BEFORE THE £LD COUNTY, COLORADO PLANNING C IISSION RESOLUTION OF RECOMMENDATION TO THE BOARD DF COUNTY COMMISSIONERS Date -Aril 3, 1979 Case No. Z# 31q •79. 2 APPLICATION OF Augustine Arguello, et al ADDRESS 1214 lath Street, CirPeIey, Colorado RnF31 Moved by Percy Hiatt 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 appli- cation for rezoning from A ( Agricultural -District) to r ( Commercial District) covering the following descri bP,; prope-ty , ''••'-' ''oun+v, Colorado, to-wit: See attached be recommend (favorably) iil 4) to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the applicant has complied with Section 8 . 3 of the Weld County -Zoning Resolution which states : "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary. -Recent findings and oral statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification. Without the presentation of such supporting documentation , the County _Planning Commission should not recommend a change of zoning . " Motion seconded by: Jerry Kiefer Vote: For Passage _Percy Hiatt Against Passage Fred Otis Abstained Jim Gilbert Jerry Kiefer Frank Suckla Irma White Chuck Carlson Bette Kountz The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County _Commissioners for further iproceedings. D{-RTIFICATION OF COPY I, Shirley A. Phillips , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April. 3, 1979 and recorded in Book No. VI of the proceedings o the said Planning Commission. Dated the 5 day of April , 1979 . rl ViAPR� 191 ' Secreta0... - ,, . :\ ryy • _ IEGAL DESCRIPTION al �I The South 322 feet of Lot 8 of the Southeast Quarter (SF 1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 5 North, Range 65 West of the 6th Principal Meridian, according to the subdivision of said Section 30 by the St. Louis Western Colony, 1873, filed in the office of the County Clerk and Recorder of Weld County, Colorado; EXCEPTING the East 20 feet of the said South 322 feet of said Lot 8, which TOGETHER WITH the East 20.00 feet• of the balance of said Lot 8, shall be used for street purposes by the owners of said Lot 8, more particularly described as follows: Commencing at the Southeast corner of said Lot 8, and considering the South line of said Lot 8 to bear North 90°00'00" West and with all other bearings contained herein relative thereto; thence North 90°00'00" West along the South line of said Lot 8, a distance of 20.00 feet to the TRUE POINT OF BEGINNING; thence continuing North 90°00'00" West along the South line of said Lot 8, a distance of 310.00 feet to the Southwest corner of said Lot 8; thence North 00°38' 50" West along the West line of said Lot 8 a distance of 322.00 feet; thence North 89°59' 30" East 309.64 feet to a point, said point being 20.0 feet distance from as measured at right angles to the East line of said Lot 8; thence South 00°42'40" East along a line parallel to and 20.00 feet distance from the East line of said Lot 8 a distance of 322.00 feet to the TRUE POINT OF BEGINNING. Augustine Arguello , et al Z-318 : 79 : 2 PLANNING COMMISSION RECOMMENDATION April 3 , 1979 It is the opinion of the Planning Commission that the applicant has demonstrated that changing conditions in the area now justify a new zoning classification. This determination is based, in part , on the fact that since the approval of the original county zoning for this property, conditions in the area have changed and will continue to change as the City of Evans ' growth pattern continues in a westerly direction toward this property . This is evidenced by the fact that the City of Evans rezoned approximately 67 . 12 acres as Platte Industrial Center on January 17, 1978 . This zone change is on the north side of 42nd Street within i mile of the parcel in question . The City of Evans has also annexed approximately 95 . 3 acres as Evans Industrial Park on May 13 , 1975 of which 12 acres is designated as open space for the City. This annexation is located directly southeast of the parcel on 42nd Street . 2 . The rezoning agrees with the policies contained within the Weld County Comprehensive Plan in that the request is consistent with the City of Evans future plans for the area. 3 . The following referral entities have set forth no objections to this request . a. The Weld County Health Department b . The West Greeley Soil Conservation District c . The Weld County Engineering Department d. The LaSalle Fire Department 4 . The Colorado Geological Survey has reviewed the request and has no objections providing subsurface conditions in excavations be evaluated by qualified personnel to determine if adverse soil conditions are present and to assure proper foundation design for all new structures . The Planning Commission recommendation for approval is conditional upon the following : 1. The applicant install a 6 ' security fence and adequate screening to protect surrounding property owners . 2 . The applicant reserve 40 ' right-of-way from the center line of the section for the proposed 17th Avenue corridor. These items have been requested by the City of Evans Planning Commission . 10 31111 Comments : 1 . To date our office has received two letters of opposition from the surrounding property owners . Copies of the letters are included in the attached packet . from the Of lice of Greeley, Colorado THE BOARD Or COUNTY COMMISSIONER:. • WELD COUNTY , COLORADO Apr i1 1R 11979 Publisher : Please insert the enclosed notice in your ir,;s:ue the week of May 14,_ 1979 _ _ _, __ OHO time only. Regarding payment. , complete the enclosed voucher and forward i t to us . When returning the voucher , pl ease include an affidavit of publication so we may complete our Liles . Thank you for your cooperation . Sincerely , '11W 14UAIIII or rnnN'IY COMMISSIONERS • ' WEI.D COUN'T'Y , COLORADO BY : Mary Ann reucrstein County Clerk and Recorder Docket No. 79-16 and Clerk I. the Board By : — Depity County Clerk 1. y�fi1]P h W 0 'd 'Ol h N V V Q L ..� u N `C E0 .5 i-- n H O a ,, .4 `\ yJ o Q a Q • o in yy rn p 9 r--ht- �y \YI� r Cr) CC zed C ti a w a 1 II HiEOJPT1i1 ct, te = rLnr LLI Wza'i or w a' ' i I., cc��!! DCD Er �� m A cc.: - o oQ � .rF7YO cWi= /i E VAN w o o 0W 'g 67OaCIXCV F e N z 9 4 waong q . q ., y. O w co w t. ). O o W Y g E� isal� J cg. W z z o w< < a w ¢ w Q 391AE3S 1 a9 E y 6 1 ,31 ,31 'R Q ¢ Eva g . S. 0 401* e E d o r i H aftLW,-a f°. F y v S371A83S' �< 'g Q Q . P g ` t >. .C ?+g z 3 u �a 4� V c Z Q uw,o w C.8 oa ° B B B B 61 i.i � o R " 4 . Q S33!NOd E31SYW1 w u m rn 4 m h a a CO a a a C e z o W 3 • gp00 O erzyn c� �:1! , REGISTERED, INSURED AND y y fir. CERTIFIED MAIL it :.c . ,. } ,ar „ n, .aiT a+ , ';r w •g ft ,` rrlwlr'l. "i a ,p.t ₹f, i.KV ''t / ' , 7' ./ 3�^*+d' a+tm,•xr .rr,t."�1'. ��''l�i -erElizabeth Parker / / r. 9825 42st �� _� ' Greeley, Colo. a -_ 80631 �V ,_. ,..._w< z MAY 5 ` r .r_.... \ c19.9 8u r} olr ..e ..a JOFolk Art Art USA 15c 0 (/ F �L/2 rcre a�� <a <f7 eta ',r � (.71el ("ILL -)7a�� Ca ,/, ,.._, /0(32 �� e- /727 (--(/„..„4„ /� WELR MINII Gth: e„,...± 7 e„,_„c [ MAY li� , ,1IrIt( '�� 8 4979 IJ GREELEY. COLO. 41,.(, -12 AC /Lit�/ l'-6-1., . - i'lhL/LLte1�.Y'� 4 , -7-4- fi 7 1YC// Ly �J y L '�{,'/�J /r/4_6i...r,�Gr,�-e- Sl�Zc-� eozA_t- A C`./zy../, - C1 //yy�� t` e ��a� f r t rti <7-c�G-�cav�-¢L t`L.t� -6-77--t-f---1--d-c-01,----{� � ��i,¢ et212C;ci AEGt/,,,, ..l�ILLGLe"jet-, .G`t,L.- t—ttCG?G[ 42.e- Viet/ ?4v'f GL Get Ice-; . ) . J� tl/_cej' �/„ ,A lti �Patti. tn:C46_y • . /I 1,ea; L LLc i tt nt�y`/� a- e n 7:11--W;E/ a2-2'i/...Xi' . �//.,rzez.� .G,-,c; a ,G�l./(CMG le-) of-r-✓/ �,-oe . /j/ n .� L ' G-6 Col p , l!/f' a -CL-� LQ-GrL Gy r .,g-lie Ci AP i-e/- ` //, . - jZet-t,-2--J,eaje Lee.. 'ul/bud -Cc 6 /t: 77 2 oP t.--t--r:--(- 6'(-72.47 . `'li e 4" 6ti--v2 at ,L�2 Zn�e- /t--e�1-✓el2.e ey— 6-236y�-coi , --e �. //G'et� 6 au %7 l ice z -K'G !iu ?/v t! fits c .',` .,----in 6LLc.' ti.-- t-, /'.,//C?Gevt:; -C Z'G--/// "/i f A eiti i/ 1/(1et-a-a Q.C; a ficetkla 2.14--2--1--> 7l-ezAre-t--/-✓ `---e if -�- 1 es 5-0 i2??E % f�� l'itjfz 79it t�✓ ter.�Gz // . 4z'B.,1Q 1.--t- c7 /i-s j, r e trte, t i 71!2 W ttkt `_'L2 c4- ceze r-f^/ , 67 CF-C L ze Lc/( 744,e„.4.2. ,re--/Atij ) e. 00 Date: April 3, 1979 CASE NUMBER: Z-318: 79 :2 NAME: Augustine Arguello . et al REQUEST: Change of Zone from "A" Agricultural Zone District to "C" Commercial Zone District LEGAL DESCRIPTION: Pt . SE1 N . Section 30, T5N, R65W LOCATION: Adiacent to Evans on the West Perimeter on the north side of 42nd Street THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: 1. It is the opinion of the Department of Planning Services staff that the applicant has complied with Section 8. 3 of the Weld County Zoning Resolution which states : "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary. Recent findings and oral state- ments by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification. Without the presentation of such supporting documentation, the County Planning Commission should not recommend a change of zoning. " It is the opinion of the Department of Planning Serivces staff that the applicant has demonstrated that changing conditions in the area now justify a new zoning classification . This determination is based, in part , on the fact that since the approval of the original county zoning for this property , conditions in the area have changed and will continue to change as the City of Evans ' growth pattern continues in a westerly direction toward this property . This is evidenced by the fact that the City of Evans rezoned approximately 67 . 12 acres as Platte Industrial Center on January 17 , 1978. This zone change is on the north side of 42nd Street within 2 mile of the parcel in question . The City of Evans has also annexed approximately 95 . 3 acres as Evans Industiral Park on May 13 , 1975 of which 12 acres is designated as open space for the City. This annexation is located directly southeast of the parcel on 42nd Street . P Augustine Arguello, etal Z-318 : 79 : 2 PLANNING STAFF RECOMMENDATION April 3 , 1979 2 . The rezoning agrees with the policies contained within the Weld County Comprehensive Plan in that the request is consistent with the City of Evans future plans for the area. 3. The following referral entities have set forth no objections to this request . a. The Weld County Health Department . b . The West Greeley Soil Conservation District . c . The Weld County Engineering Department d. The LaSalle Fire Department . 4 . The Colorado Geological Survey has reviewed the request and has no objections providing subsurface conditions in excavations be evaluated by qualified personnel to determine if adverse soil conditions are present and to assure proper foundation design for all new structures . The Department of Planning Services recommendation for approval is conditional upon the following : 1 . The applicant install a 6 ' security fence and adequate screening to protect surrounding property owners . 2 . The applicant reserve 40 ' right-of-way from the center line of the section for the proposed 17th Avenue corridor. These items have been requested by the City of Evans Planning Commission . Comments : 1. To -date our office has received two letters of opposition from the surrounding property owners . Copies of the letters are included in the attached packet . I .,...-c ' DEPARTMENT OF PLANNING SERVICES Lt tl /7 i, ;--7. cm Lii {^.� PHONE 13031756.4000 EXT. 400 r �`• h it - • 915 10TH STREET tGREEi t -% I LEY, COLORADO_80631 s F 3 CSI �_ ' I� ' a COLORADO NOTICE OF PUBLIC - HEARING The Weld County Planning Commission will cotduct a public hear- ing on April 3 , 197-9 at 1 : 30 p .m. to review a request for approval of -a Change of Zone from "A" Agricultural Zone District to 'TC" Commercial Zone District from Augustine Arguello et al on a parcel of land described as Pt . SE? NTI , -Section 30 , T5N, P.6-5W of the 6th p .m. , Weld County , Colorado containing 2 . 29 acres more or less. This public hearing to to held by the Weld County Planning Commis- , sion for the consideration of the above referenced request will ibe conducted in the Weld County Commissioners ' -Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado. Comments_ or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 , before the above date or presented at the public hearing, -- _ April 3 . 1979 PUBLIC'NOTICE [- NOTICEOF PUBLIC Me G - The Weld County P Com- Copies of the application are available for public inspe mia.mn wm eoneuet_a ublle hearinrt on Aprl1 8, 1 t 1:80 the _Department of Planning Services, Room 310, Weld Coun Mr'. Eo review a-re t for Centennial Center, 915 10th Street , Greeley, Colorado apQ""wgr11cu1 a" a cam" ( "C"Arommer Icr Agana} Zonei-District extension 40d ) , from Augustine Arguello et al one parcel oz land described as-Pt. SE%NWIS,Section 80,T5N Ra5W Chuck Carlson , Chairman of e e p.m., -Weld County, Colorado containing-2,z9 acres Weld County Planning Commission more or lew.. [-'"This public ountygl to-be held by r the eld County To be published in the : Johnstown Breeze -mission for the-consideration of the above referenced eld Co my Commissioners's' the WaW County Fo st Floor.We Nearing Room, To be published one timetrial cente , 91Couniy Streen- Y Parch 8 , 1979 (publication trial D.-Col 816 loth street, objections related t o the ab ve re ue st should related .-s-submitted above request othe be -suDmlt[ed In q writing to fhe Weld County D9i mart of P reedy,Colorado � 81 10th Street,-Greeley,Colorado Received by: 1 / I�� (y/1 . 80631. before the above date or WZ�,Lu v ' presented at the public hearing on April 8. 1479. _ 3 Copies_of the-application Aire Date: — r i available for public Inspection in t -the Department of Planning w .Services,Room 510,Weld-County Centennial Center,-91510th Street. Greele -Colorado(858.4000 exten- .sion 4S'. . !� -Chuck Carton 'Ominnan" Weld County Planning. Commission - To be published m the: Johnstown Breeze To be bushed one time by: March t. 1879 (�ppuublication 4ptel 7 p j Co. Legal 7Wfl Planning III Fig_ .,i ,EZDNING APPLICATION c� Dept. of Planning Services Permit Fee : Case # : 915 10th Street kecording Fee : vg&)Receipt # : ' 'Zry Greeley , Colorado 80631 App . Ch ' d By: Phone : 356-4000, Ext . -404 TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE- MENTS : Print or type only , except for necessary signature . I (we ) , the undersigned , hereby request a hearing before the Weld County Planning Commission concerninsl _proposed rezoning of the following des- cribed unincorporated area of Weld County: LEGAL DESCRIPTION : See Exhibit A Attached Hereto and Made a Part +lereof by Reference ( If additional space is required , attach -an additional sheet of same size ) " STREET LOCATION : PRESENT ZONE Agrirultural PROPOSED ZONE. _ -APPROX . AREA A`" coiwpnty PURPOSE : To build --a,� shop and piffice for fort& G & S _company IS THIS AREA PLATTED : YES ( ) NO (x ) IF PLATTED , NAME OF PLAT : IS T-HIS AREA TO BE PLATTED : YES ( ) NO ( ) . IF ANSWER IS YES , iiAS PLAT BEEN SUBMITTED : YES ( ) NO ( ) . FEE OWNERS OF AREA PROPOSED FOR REZONING : ��2 g NAME : Augustine T Arguello -ADDRESS : Grealeyl666 §6g5Tt TEL : 353--5595 NAME :Dacoh nuran -ADDRESS : 1214 - 12th StreetSStreet TEL : 3s2_2946 NAME : Donald E Wadsworth ADDRESS : 5551!.Y21 ? A�enue TEL : 352 3305 Greeley CO 80631 I hereby depose and state under the penalities of perjury that all state- ments , proposals and/or plans submitted with or contained within this application are true and ccorect to the best Df my knowledge . COUNTY OT WELD ) C G & S COMPANY STATE DF CDLORADO By :1C L � � 'f� � � Sec. -Treas. Signature : Owner or Authorized Agent Subscribed and sworn to before me this 26th day -of January 1979 . SE-AL / o,ceic 1/27 Cl i(;c2c NOT-ARY PUBLIC My commission ex_pires :. _November 3 , 1981 EXHIBIT A The South 322 feet of Lot 8 of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, according to the subdivision of said Section 30 by the St. Louis Western Colony, 1873, filed in the office of the County Clerk andRecorder of Weld County, Colorado; excepting the Fast 20 -feet of the said South 322 Feet of said Lot 8, which together with the East 20.00 feet of the balance of said Int 18, shall he used for street purposes by the owners of said Lot 8, more particularly described as follows: Commencing at the Southeast corner of said Lot 8, and considering the South line of said Lot $ to bear North 90°00'00" West and with all other bearings contained herein relative thereto; thence North 90°00'0-0" West along the South line of said Lot 8, a distance of 20.00 feet to the True Point of Beginning; thence continuing North -90°00'00" West along the South line of said Lot 8, a distance of 310.1)0 feet to the Southwest corner of said Lot 8; thence North 00°38'50" West along the West line of said Lot $ -a distance of 322.00 feet; thence North 89°59'30" Fast 309.64 feet to a point, said point being 20.0 feet distance fran as measured at right angles to the East line of said Lot 8; thence South 00°42'40" Fast along a line parallel to and20.-00 feet distance from the East line of said Lot 8 a distance of 322.00 feet to the True Point of Beginning. C G & S COMPANY ZONE CHANGE WELD COUNTY, COLORADO ANSWERS TO QUESTIONS AS REQUESTED BY PLANNING COMMISSION 1 . QUESTION - Is it impractical , impossible, or undesir-able to develop the land according to its current -zoning classifica- tion? ANSWER - Yes , the land is too small (approximately 3 acres) to farm economically and no water available for irrigation. Presently, the land is vacant and the surrounding area is rapidly becoming commercially oriented. 2 . QUESTION — Would the proposed rezoning benefit the entire County by allowing a typical development which is needed and cannot located in other parts of the County? ANSWER — Yes, as mentioned in Question No. 1 hereinabove, the erection of an office building and shop area would enhance the value of the whole area and give it the distinction it does not have in that the area has in it at the present time a garbage dump and City of Greeley shops. 3. QUESTION - Would the proposed rezoning benefit lands adjoining the area requesting the change? ANSWER — Yes, this whole -area is becoming more and more commercially oriented as stated hereinabove and most certainly would increase the value of the surrounding land. 4 . QUESTION - What features -apply to the property requesting rezoning which make -it logical to rezone this tract and not to rezone in a similar manner surrounding properties which may have like land use characteristics? ANSWER - As stated hereinabove, the land is too small to be used for agricultural purposes and is located next to land annexed by the -Town of Evans and is across the street from the Yellow Freight Company which is -a commercial business. 5. QUESTION - Why are other areas in the County already zoned according to the requested classification, unsuitable for the development which is proposed? ANSWER - Most certainly other areas already rezoned are suitable for development of this mature; however, we own subject property, the area is very suitable for our business, and as stated hereinabove, other commercial businesses are already located in the area and the erection of our office building and adjacent shop building most certainly would not detract from this area. 6. QUESTION — What proof of evidence is available that the original rezoning is faulty or that changing conditions in the area justify rezoning it this time? ANSWER - Original zoning certainly was not faulty ; this whole area was blanket zoned agricultural originally in order that the whole county could be protected and reasonably zoned. Now, for good cause shown, this request is -made for rezoning because this plat of land can be developed commensurate with other businesses already present in the immediate vicinity as stated hereinabove. Additionally, 1 C G & S COMPANY ZONE CHANGE WELD COUNTY, COLORADO PAGE -2- this rezoning to commercial would benefit the whole area and the County. 7. QUESTION - Please submit economic or other evidence that the area covered by the petition needs additional commercial or business in the area. ANSWER - The erection of an office and shop building to carry on the business of street , curb and gutter work would not be detrimental to the surrounding commercial businesses already established in the area; would add to the tax basis of the County. 8. QUESTION - Give some evidence -of the proposed business or commercial enterprises that are to locate in the requested area and a tentative time schedule for construction. (To be answered on Changes requested for Business or Commercial . ) ANSWER - As mentioned above, subject property would be developed by the erection of a beautiful office building with an additional shop building to house heavy equipment used in the curb and gutter business . Commensurate with other businesses in the area, we most certainly feel that it would not disrupt the tranquillity of the neighborhood, but would be an asset to the area which again, as stated -above, is commercially oriented and a development of this type would be an additional asset and would enhance the tax base of the County. k PETITION SUPPORTING REZONING Board of County Commissioners of Weld County , Colorado Weld County Centennial Center 915 10th Street Greeley , Colorado 80631 Gentlemen : We , the undersigned owners of property located within 500 feet of the property described in the Rezoning Application submitted by C G & S COMPANY hereby petition you to grant this rezoning request and to change the Zoning District Map so that the property involved shall be rezoned from Agriculture Zoning District to Commercial Zoning District . SIGNATURE MAILING ADDRESS DESCRIPTION OF PROPERTY Lite In's I:10 !( / y ✓ /5/9 Ira 'CGCc/� (��J � !ei - /1�.:./e'c'1/� •'(� y :/ • 4 /G-2 / /y 42 / AL e . (4?-6 .i% c.e,r 7,i, ‘74 ) /!/≥ 'Y C� C ≥ ire '7-147 r f/e x 11111__- I_UN Jw7 Eire;'.tion No 1 ` �cJ`— MARY ANN FtUKP Recorder. CD 'DID. DEED, Made this 1 8th day of April 1977 , between --STEVE CHACON , JR. and LUPE CHACON-- --Husband and Wife-- State Documentary Fee T APR 21 1977 of the County of Weld and State o£ Colorado, Date. 'of the first part,and --AUGUSTIN-E T. ARGU-ELLO, JACOB $ O-. 75 o TDURAN, and DONALD E. WADSWORTH-- whose address is 1214 — 12th Street, Greeley 80631, of the County_of Weld and State of Colorado, of the second part: O WITNESSETH, That the-said parties of the first part, for and in consideration of the sum of --other good and valuable consideration and TEN DOLLARS, .43 c- to the said part ies of the first part in hand aid by the said-p part ies of the second part,-the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey-and confirm,unto the said part ies of the second part, their heirs and assigns forever, all the following described lot or parcel of land,-situate,lyingand being in the County of Weld and State of Colorado, to-wit: e-i The South 322 feet of Lot 8 of the Southeast Quarter (SE4) of the "' Northwest Quarter (NW'-4) of -Section 30, Township D North, Range -65 CL- West of the 6th Principal Meridian, according to the subdivision of -said Section 30 by the St. Louis Western Colony, 1873, filed in the office 'p•f•.fhe County Clerk and Rec_erder of Weld County, Color-ado; excepting the c �.East 2D feet of the said South 322 feet of said Lot 8, which together "Jjvv*ifh-the East 20. 00 feet of the balance of said-Lot 8, shall be used for street purposes by the owners of said Lot _8, more particularly described '!. •''''': follows: Commencing at the Southeast corner of said Lot 8, and "•.n...,,.•'tconsidering the South line of said Lot B to bear North 9O°00'00" West and with all other bearings contained herein relative thereto; thence North 90°O0'00" West along the South line of saidiot 8, a distanc-e of 20.00 feet to the True Point of Beginning; thence continuing North 90°00'00" West along the South line of said Lot 8, a distance of 31D.D0 feet to the Southwest corner of said Lot 8; -thence North 00°38'50" West along the West line of said Lot 8 a -distance of 322 .00 feet; thence North 89°59'30" East 309.64 feet to a point, said-point being 2-0.0 feet distance from as measured at right angles to the East lint of said Lot 8; thence South O0°42'40" East along a line parallel to and 20,00 - feet distance from the East line of said Lot 8 a distance of 322 .00 feet to the True Point of Beginning; 2. p s .. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions, remainder and remainders, rents, issues and-profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No.463. WARRANTY DEED—For Photographic Record.—➢radford Publishing Co., 1824-45 Stout Street.Denver, Colorado-11-73 �e V G v :3' 2- 0.i. ‘ ..., 'I,) ' TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part ieS of the second part,their heirs and assigns forever. And the said parties of the first part, forthemseKesi/fieirs,l executors, and administrators, do covenant, grant, bargain and agree to and with the said part ies of the second part,theirheirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, hi fee simple, and ha ye good right, full power and lawful authority to grant, bargain, sell and convey the same in mariner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or naturesoever, SUBJECT TO 1977 taxes, due and payable in 1978, and easements, restrictions, and reservations of record, if any; and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ieS of the first part shall and will WARRANT AND FOREVER DEFEND. their IN WITNESS WHEREOF, the said part ies of the first part ha ye hereunto sett hands and seal S the day and year first above written. 7 Signed, sealed and Delivered in the Presence of _ - �_ _ - -sr7�/ z`::.�: S tSteve Chacorijr.) EAL7 ) ,/' ban - ` .t....=.c.=.Y [SEAL] • `.(uPe Chaconj Wife ._.._............______......_.............._............... STATE OF COLORADO, 1ss. County of Weld J a The foregoing instrument was acknowledged before me this /fa day of April , ifs 77,by STEVE CHACON, JR. , Husband,and LUPE CHACON, Wife, \,. PTV${dy EjoAiikission expires 3/ .197y .Witness my hand and official seal. 5-ate'- :)1. _ Notary row,e E. --.1-tt . )Go 9. . - - .ciF OF C" • w d o d r—�—, w o.. a .. q o e 0 9 A 1 g H C 7 W E .o o �.i - �9 .. : iti as oA 3 2 : m z y q 6 via • uszi a iW e y w'. t� d a V) ,, \ m o 6 Q ¢ d EQ pc, Q' E 1,,,,„ .4 U .r 9 z Ftn C-...- >. scst Nazi O x f .6 ' 4-:O \\. = M ` O - M .2 a ..�. W m I T cLEP, CONNELL, CS TELEP PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 300 1220 ELEVENTH AVENUE SAMUEL S. TELEP -GREELEY. COLORADO 80631 THOMAS A. CONNELL OF COUNSEL CYNTHIA .1 TELEP WILLIAM R. KELLY February 26, 1979 STEPHEN C. PARKER TELEPHONE: .1 JEB MC NEW 1303) 356-8100 Weld County Planning Commission Weld County Services Building Greeley, CO 80631 Attention : Mr . Tom Honn Weld County Zoning Administrator Dear Tom: Re : Rezoning request of C. G. & S. Company of approx. 2 . 29 acres in Weld County , Colorado; however address being 42nd Street in Evans, Colorado. Confirming telephone conversation had with you a few days ago and your concern about the contemplated use of the hereinabove parcel of land, please be advised that the intended use of subject property would be as follows: 1 . To build a beautiful brick or concrete block office building, approx. 35' x 35' , for the housing of office personnel , executive offices and other offices used in the management of a concrete placement business. 2 . To build a 40' by 60' metal shop building for the express purpose of making general repairs and other maintenance work having to do with equipment used in the structuring and building of curbs, gutter, sidewalks, and other related structures. Of course, this shop would be well constructed, properly insulated, and would be a general purposes building to house, repair and maintain the equipment that would be related to various phases of moving dirt and handling of concrete and concrete products. 3. The outside area would be completely enclosed by a 6 ' high chain link fence with additional barbed wire protection on top of same. With this in mind, the whole area within the enclosed protective fence would be used for the storage of all of the business related vehicles and machinery when same are not used on particular job sites. At the present time the following number of vehicles and equipment are owned by the company: R 111 Mr . Tom Honn February 26 , 197-9 Page -2- a. 16 - pickups and other larger trucks b. 3 - trailers used to haul the various larger machinery equipment and tools including 12 different pieces of construction equipment used in the business c. 2 - grading tractors d. 1 - backhoe e. 2 - large blades used in -spreading concrete and related work f . 2 - curbing machines g. 1 - trimming machine h. 1 - scraper i. 2 - rubber tire rollers j . 1 - sheeps foot In addition to the chain link fence mentioned hereinabove, it is contemplated to plant appropriate shrubbery around the whole area within the chain link fence line for screening purposes such as Russian olives or poplar trees or some plant life that would be highly beneficial and of good screening quality . I trust that I have properly addressed myself to your request and that the application as submitted will receive your favorable consideration. Additionally, it is the feeling of my client , C. G. & S. Company, that the granting of this zone change would be a definite asset to the area and would not be considered detrimental to the neighboring city of Evans , Colorado , or to the county. Your usual prompt attention in expediting the rezoning hearing would be greatly appreciated. trul� age Samuel S. Telep Attorney at Law SST/emw cc Mr. Donald E. Wadsworth, president C. G. & S. -Company P. O. pox 1422 Greeley, CO 80631 IIII[f If1i.OIII REFERRALS SENT OUT ON : _ g,c. _ +. lSfi A u i`. M�4 ..EPERRALS RECETi ... MAR- - MAR 0 a9?9 County Engineer - w -z, . 0 YAR 9I41� Colorado Geological Survey - Dave Shelton „ ,„s,- F r C. n 1313 fiherman Street -Room 703 Denver , Colorado 80203 B �i� West -Greeley Soil Conservation Service r 4302 S"lest 9th Str-ee • t . - Greeley, Colorado 80331 P` ~ «, ri s 1 .. , s � 9 ,, i�, —,A -a^ enr♦. Fkl a, 3 Jerry Kiefer ar; ?",. ...4"Ali r ,�� 2120 Fairway Lane:. � x t` � � �,;�� .�� *n , - `cam out -. 1Greeley, Colorado 80633 n • ri:a nla n, n Cnmm� �Town rs _ n lion P .O. B" 5u : .15. — 3/ x6/79 Evans, Colorado 0620' , 35S-,6331-,?47,- MAR S �� Chief J. B. Edwar ‘. . . � �ds e Western Hills Fire District �`' 1804 Cherry Avenue , x a "$ Greeley, Colorado 80631 `r, d, is x S? � `F '�+T 4ti+�. C �. i a sa �nl J � M �y { %p i a Sk ° L E. '3.4 i• - _kr\s` _ 3` y Y VICliilDe. To Planning Commission Date March 19, 1979 COLORADO From Gilman E. Olson, Utility-Subdivision Administrator Subject: Augustine Arguello, et al (C.O.Z.) No County engineering problems anticipated by this request. From information at hand it appears -the only access to this property is vie 42nd Street in the City limits of Evans. Therefore, they should be notified of this request in reference to -traffic count, load weight limits, etc. ilman E. Olson Utility-Subdivision Adminiitrator GEO:sar ,,g',,g2021p?� it-- `-,!...)A �Ict MAR 1679 RECEIVED "Dolltld Dimlyly Gpi,gn:nA c.:.raissial ja c. ' s. Ri JI'.I RICHARD-D LAMM * JOHN W. ROLD !! °' COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMANSTREET DENVER:COLORADO 80203 PHONE (303)839-2611 March 15, 1979 Weld County Planning Department 915 10th Street Greeley, CO 80631 Department Members: RE: SENATE BILL 35 -REFERRALS We have reviewed the following applications for zoning changes and conditional and special use permits : Case No. Z-318: 79:2, Change from "A" to "C" Case No. Z-319: 79:3, Change from "-A" to "I" Case No. CUP-44: 79:4, Microwave Tower and Electronics Case No. CUP-45: 79:5, Radio Transmission Towers Case No. SUP-381 : 79:3, Dairy Operation Case No. SUP-382 : 79:4, Dairy Operation No -geologic hazards nor serious constraints are known to exist in these areas. However, because of the presence of swelling -and/or settling soils on most of these sites, we recommend that subsurface conditions lb excavations be evaluated by qualified personnel to determine if adverse soil conditions are present and to assure :proper foundation design -For all new structures. If we can be of further assistance, please contact our office. Sincerely, James N. Trice Engineering Geolo-gist JNP/vt cc: Land Use Commission AA 40' vf R MG �V�D E 6 ti lieu__ n co \G pandnt tae _CY 0'ez 9's v l' G E 01 0 G Y y STORY OF THE PAST . . . K-EY TO THE TT FUTURE . II 1T I 1 PHONE (3C31356-4330 `-?' Cp 915 10TH 6;HL`c7 GREELEV,COLORADO 80631 3 l CASE NUMBER 2_ R :79 : 2 . ii • COLORADO .. £ : r_y REFERRAL;. February 28 , 1979 „�= i .„ ,; TO MHO'S IT MAY CONCERN: Enclosed i.s amt application from Augus ine * rguello , et al for a Change of Zone from "A" Agrisu3tural"' one District to "C" - Commercial 'One Z1i strict w t . a a `' '.y ;f:;,,,,,,4744.4'j.iwey�"' The parcel of land is described ;as pt?- SE* mci 'r•-b 3O, T5PT Re5w ` " The location of the parcel of lland'°for:which. this ppllc�tion .has been :61'4 r "mss-w,� s"' r `mow. ' ,ay �"z -S+.: S11 is"' Ad,�acent to Evans tin "Fta ,vPet ar„nP9-c, �a.. R x.@°7' '13- .. s.• ' i .� yam,, h'}.1` .�''� # '.�"'�r�,e` l��r �� ... $; mss.., - 'D,.*feiA•�7r :9 - -:. te`'. This item• as submitted to 'youur office= or r-evie nd secommenda.tions , are y , ✓ ° -a e",,i3k ,F' d ..„••••_.•;• m. .., a 1 tn 4 AIIy Cl�IDIDeII S or recommenda'13-°n .� • . a ' ' :.,�, ' `,, �.' - , , �' H .0 .t r s irt " . would be appreciated a .0 .' . . . . .!• 'f 1'j h ' } - . .._" . Vin• . . . -. m i�.i2S� • - r .Ave ;wou13'.sppreC the box at the bottom of this page and return itto us. We would like ,•, •.�u r* rt1.� . n ha o"` e,ceiv R r�` oinments .by��°3�arch . Y +„��y.,y� �- ? an ''' lets '•ur-"review -.e fore ?�'. � '1'KS""t '�" ' •'� " • � meeting 7,„? T :, _YOU:"" iiueh .a Or ' • r +.e • i t • • . ra • . • 1. s _. ,,4,..! ' ,T4 , • ^ gp , .a 5, � ' matter. «�.�`� k +x ,x-`` > 4 E LrY' .�"y s ,�,- • ♦ � .�y�r'f- .�. • g .3h` ° ,, I" ' .F 5 ,f.*, °, ,,eat t, : - A< (�)r xy , ,. '4!F" '+a3 k'' r.' # v." t1 �" "}�� '°' ?• r 1 ., � '6` d. � yf '' m�. a - V,C i a '�nXkPX <• e . e .x Assistant Zoning Administrator: .-1,0,4,41./.„;,;,-,041 * ,..,. . ..... , �,, ,xa - ; * , a , / a,' 4', x. n. ,Q n , S '4.44.c 4-1,,,* xy - A +' .. eF --ti 6.: `".y: -r - ,'`'x .. s u^ ,it ,,,,,..17, 1 7 0;: * *v+ < .r``'k� `kf 7.4`i A's'''. , r r �� , ' ,�",''-C^ wx .' n erests v ® We-have reviewed the,-134 lans and find nti conflict w. ` P 'v .. � n. Pad. q 9 fi Signed rA_, , , sn. Date, v a-, }�" s a" "` '�.�t`t / t -5� �+TG" `x^4447-" Jr �y ,� �R ' ' = Agency !!/Pe WUe ',is.'" er>�tP14� / �• « CASE N .-_R O • i� I r) coLoR,Ari G REFERRAL February 28 , 1979 TO WHOM 1 - -_ Enclosed is an aiJ_Jiica ion : i.Tnstine Arguello , at al for a Change of Zone from 'A Agricultural lone District to "C" • Commercial Zone District The parcel of land is described as Pt . SE$ NW-I , Sec , 30 , -T5N, Fb5i7 • The location of the parcel of land for which this application has been submitted is -Adjacent to Evans on the meet perimeter This item is submitted to your office for review and recommendations. Any comments or -recommendations you consider relevant to this item would be appreciated. II you find no conflicts with your interests, we would appreciate a written reply to include in our files, or check the box tt the bottom of this nage -and return it to us . We would like to receive your comments by parch 16 , 1E'79 so that can complete our review before the scheduled Planning Commission meeting . Thank you very much for your help and cooperattio in t is { 8 970- J>> matter . � MAR1915 RECEIVED ,1 C Weld Couery re- 1(L_ b �� cV Assistant Zoning Administrator planning Cenmissiee `tpL Zb L IN We hav reviewed t e plans and find no conflict wwitnt-erests. �IC i" q Signed � . Date � 4,rCr� � � If/ � l Agency pp id OD ge 14-h apt— _ lr OR: ELL CASE NUMBER 7-71F -70 .2 - i COLORADO REFERRAL February 28 , -197-9 TO SHOM IT MAY CONCERN: Enclosed is an application from Augustine Arguello , et al for a Change of Zone from "A" Agricultural gone District to "C" Commercial Zone district The parcel of land is described as Pt . SEq NW3 , Sec , 30 , T5N, P.-65W The location of the parcel of land for which this application has been submitted is Adjacent to _Evans on the meat pevimatar This item is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this item would be appreciated. if you find no conflicts -with your interests, we would appreciate a written reply to include in our files, or check '_,ax at the bottom of this page and return it to us . We -woulrl like to receive your comments by ^"arch 16 , 1979 so that ..e can complete our review before the scheduled -Planning Commission meeting . Thank you very much for your -help and cooperatiDnfr a t,J matter . AMR 1979 o RECEIVED Rohl Couch I �1 —UCLA , naeeie8 Carpi �, \ l i C Le o + fLA x er r' —Mies ��, Assistant Zoning Administrator ie have reviewed the• plans and find no conflict with our, interests. (4, Date j�� Signed C ,,',,',yA� /� �.[' ! �/ L Agency .�fic / �:_ T :e ��cZi,r4,.i7 \ 1' FIELD CHECK FILING NUMBER: Z-318 : 79 : 2 DATE OF INSPECTION: 3/13/79 NAME: Mr. Augustine Arguello, et al REQUEST: Change of Zone LEGAL DESCRIPTION: Pt . SE4.N1Y* Section 30, T5N, R65W LAND USE: N Pasture E Pasture S Pasture w Rural Residential ZONING: N Agricultural LOCATION: Adjacent to Town of E Agricultural Evans, western perimeter 42nd S Agricultural Street w Agricultural COMMENTS: There are no improvements on the parcel. There are no existing accesses onto 42nd Street (gravel surface) . There is a _subdivision located 1/2 mile to the northeast . There is a junk yard 1/2 mile to the west on 42nd Street . Evans Industrial Park is caddy—corner across 42nd Street to the east . There exists 1 residence to the mast , 1 residence to the south, 2 residences to the southwest and approximately 6 residences to the west. BY: ,,�;• [111 III 91510TH s4R_ET GR EE LEY,COLORADO E0631 \titr 3 1 j [ige' CASE NU?iBBR 7-31R • 7Q2_ COLORADO REFERRAL February 28, 197-9 . vTM :z..fr Nt TO \CHOM IT MAY CONCERN Enclosed is ' 9'4 11-cation from Augustinp ArFuelle , et al . for a Change-of Zone from "A'-' ,,Agricultural lone District to "C" Commercial Zone District .The parcel .o₹ .ndv .described _as Pt : SE*A .NP]} , Sec 30. T5N R65 4 a The locationsvf he parcel' ofland for which, this application ham=begin r submi•tt-ed i-s Ad'acen o van ' -' b'.r w , y +r . This item is suprnre.ittedzt^o your offi• ce for -review- c om•mendation ,r-1 �,. . 'w - a.. y - An� cowmen s , • co endations ou onsider relevant t• • ---- .5-,. Woll'1• R e • •r c u• .'a oIl .ry •dw.• • • •fl et •"19 • •ur € 'L 3 t '1 the •o'-'..1.,' at `"he botti tom v 't 3s' page an• "return 1t to us, , e ', •n 'ke so that we to receive your comments by I"arch 16 1n79 ;� . , x3fx 442 y�:-~,41,„.> / F 3'4e.,,,,,/,,,,,:_.,..,:', z e t A ' szi� ' an omp`lete ur.' eview efore the scheduled Planning omm ssion „_4. , meeting Thant ton very Ymuuch for ,your. help' and cooperation in •i v ;64 - F F �" nd ,m ` .ti" n.tt� 7. It *Ail fir;: matter. > .. " ., 1:' •Il•" xw', c ,. ,,4-'"' , >' e '" MAH1979 a. ti to 4;„..- ..,:,-e REV Moe ',14 1 i. Assistant oning dministrator ' , 1 1,- t Fltnbg� + = - 4' ''` t� N.c v :5�A ''Re t' 1' , 4Sk ..'7.%""� t4A,- - 49 uit to ye s A xi N N¢ may .[ r°,g".a '- 1 1 Fie have;reviewed -the plans and' ,. no conflict wi �8h64 tovests r :, >, ,' Date ^Sagned� �«: � � • �, ., 4.'447,, , agency -� r �- .. V 1 - l4 �V - - ; IL # J ` , fi T .. 4 ' Ott' -r.R' W p?_- ly1,2 Y_5 r.F �'"4 c8 �a44' f" �4!u �N nL:, f T" 7,� ,emu o a 4 i ,_ Thcs4 rj . 4 ..;Th 4 , 3 , A 44 a. te , „ q 144 -“ 14 "41 ) ti4 il4s4ha. d it .O 4 -“QiU P -iftlz dam 11701 314 'isnill tti 44 ° 0 ;i1 FLU § 044ti o 8 Qa�222324?S1 6�� } r-ig g i• • 0 > = er w < r-° ri io °+' ° < s�,t _ 1 a of ` 3 . 3 9 3 ! 59L d 5latr i dd ° �' o Q ,�.o Y , H lt�onc�v..�.� s�.�� cg-� JC-A0.) -l9nm Go S D,$ V¢anxuM cesd 011421/44 O-fl&,Yvt o Quo .� -pia , aY% 81 VA 14 0) 'EtiuDw‘• 4ckDwt.. tom. .a. .. ., -to udyv OA. CIS,- -tip I CSI.�a.tA .1;D2� v ana :n a v ' a.$)-Q o w o-Q9- tS&L& u b\ -be v• -�o ob, t\Agy gO1VC1 c.OmrONSINc..mSZ am. i /895 �? I 1.II„ mm I Ait-t 'i /3, /77/ 314 161778?9 � .c MAR 1919 Oti, / RECEIVED 'wt Co�tissiee ��y //// s, pianist �1, ‘Cel 1£0£131%11 OJ T,• ' ec .. o-A- o- -70bn I :et °u' hf /G, /f79 a «' 7Lc,,..dr, d `r 4Lt-tnt-i0e Y-1 /C221 w ky "Lc/ so, Try- A? in< 8444, A et ;,u-r.. G'a-uSf/42.74 et:�i 4 % c7 e blue 2t Jice.tzir/ 44e-to- eta, _ yltir C in let-24 2z_eK3 -r (L6111;t4d Gcr GAG[ u , a-�+ c,. �u x uue 7-L awn u /�y auk G,;- Gr/i/J Lw-y 74 / 2%'t ./ /",4.4.44, de€ 144,e itiofrat-e (Ste, 12-16911 /% '(/�F 9�T' 40-44-.0/1-4, 20--st-et L-'etn-/.t�i-ssca2 frit 41-galit fai-e2 a- %Lc& "7- 1 4-`4--1 or, i 6-40c,ezZoitca> etc, ./46-7 Z 1146". - A 4 ov, %db.-ay /7 9 e 4:1417 . jetat a.70.7 ullur lii Augustine Arguello etal 7-31-8 : 79 : 2 SURROUNDING PROPERTY OWNERS March -5 , 1979 Larry and Elizabeth Parker 1825 42nd Street Evans , Colorado 80620 Dan and Agnes Parker 1893 43rd Street Greeley, Colorado 80631 Ruth Hamblen 1921 42nd Street Greeley, Colorado 80631 James Smith 1977 17th Avenue Greeley , Colorado 50631 City of Evans Evans , Colorado 80620 Jackie Chismar P.O. Box 832 Greeley, Colorado 80631 Juan and Lucy Indacoechea 1705 42nd Street Evans, Colorado 80620 Ralph and Marcella Casey 1852 42nd Street Greeley , Colorado 80631 Danny and Donna Goodale 1840 42nd Street Greeley, Colorado 80631 cITY op Drtyky �y1../ POST OFFICE BOX 59 EVANS, COLORADO 80620 A "►1 A+ IP Ilk FOUNOE01869 HOME RULE1973 March 28, 1S79 ootoano° Department of Planning Services Weld County Colorado 9T5 10th Street Greeley, Colorado 380631 ATTENTION: Planning and Zoning Department SUBJECT: Zoning Case No. 1-318-79-2 Auguestine Arguello, et. al . Gentlemen: The City of Evans Planning and Zoning Commission has reviewed the zoning request from Auguestine Arguello, et. al . , (Weld County Case No. Z-318-79-2) and is hereby rendering a favorable comment subject to the following condi- tions: 1 . That the applicant install a b' security fence and adequate screening on the affected property in accordance with the applicant's proposed development plans. 2. That the applicant cooperate with the City of Evans and Weld County in providing adequate right-of—way along 42nd Street and the 17th Avenue corridor in order to provide a total right-of-way width of ED' , 40' of which effects the applicant's property. 3. That the applicant be responsible for providing an adequate internal storm water drainage plan. If we can to of further assistance to you in this matter, particularly our needs as they relate to protecting required right—of-way, please let me know. Sincerely, CITY EVANS aVerni-1 .,13ame i28293p3j City Manager L`� At. 7 51 MAR 1979 LLJ/tmt R" _RECEIVED o� o -la Don e�isslo� � e of the city mana944127:117 lice department 352-2441 office of I F :it c �. SSII _ -11E1 C, G a 5 ZONE CHANGE . AGRICULTURAL TO COMM£R/CAL ( A to CV ° t 990 59' S0" E 30-9. (co 0 0 0 N N N N 2.2S AC W 3 a , in �" 1 ° 0 o m oI9I ° i 0 _ 1 SCALE / "= 60 ' i i sw ca. . 1°T B °�� SE LOG, y�l b1o� DO' 00" w/ 3\0.90. uqp,,, LOT B a 142-" S T'W.--E.C _ I co too' 1i.o.w. _ At 1 a lic LEGAL DESCRIPTION tlii 8r t?' The South 322 feet of Lot 8 of the Southeast Ouatter (Si'. 1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 5 North, Range 65 West of the 6th Principal Meridian, according to the subdivision of said Section 30 by -the St . Louis Western Colony, 1873, filed in the office of the County Clerk and Recorder of Weld County, Colorado; EXCEPTING the East 20 feet of the said South 322 feet of said Lot 8, which -10GETHER WITH the East 20.00 feet of the balance of said Lot 8, -shall he used for street purposes by the owners of -said Lot 8, mare particularly described as follows: Commencing at the S-outheast corner of said Lot 8, and considering the South line of said Lot 8 to bear North 90°00'00" West and with all other bearings contained herein relative thereto; thence North 90°00'00" West along the South line of said Lot 8, a distance of 20.00 a feet to the TRUE POINT OF BEGINNING; thence continuing North 90°00'00" West along the South line of said Lot 8, a distance of 310.00 feet to the Southwest corner of said Lot 8; thence North 00°38'50" West along the West line of said Lot 8 a distance of 322.00 feet; thence North 89°59' 30" East 30-9.64 Feet to a point , said point being 20.0 feet distance from as measured at right angles to the East line of said Lot 8; • :; thence South 00°42'40" East along a line parallel to and 20.00 feet distance from the East line of said Lot 8 a distance of 322.00 feet to the Tei1bt POINT OF BEGINNING. t SURVEYOR'S CE-RTTFICATE n pP\u nn,,,, a: d ( te I hereby certify that the man and dim 4 oolaW4ereon were prepared under my -sunervi.sion and are a true and accur�.L-4310sy't3�rs1e'sT�t4;te,t-,kot�of existing conditions to the `;. best of -my knowledge. •• o s Ui^�$D,A. D Lalai, R, RN:C. LREll IAN SURVEYOR 10855 1.,-1,),••� SpRVty'*�C 6142-3-2 ;. February 16, 1979 ., �•;•••••°.rQ,P• Rage 1 of 2 ,.,,C), rc O^\.. 1 PROPERTY OWNER'S APPROVAL We, Augustine T. Arguello, Jacob Duran and Donald E. Wadsworth, being the sole owners in fee of the above described property, do hereby request the zoning as shown on the attached -map. 1teeegS Au tine T. Arguello Jacob Iran aaattlDonale 4/.444,21)th The foregoing certification was acknowledged before me this : 7ce day of . , A.D. , 1979. _1"-;,i ',0451 My commission expires >2 01 n2 f722d o.5. /9 2 / Witness my hand and seal. y Notary Public PLANNING COMMISSION CERTIFICATION -This is to certify that the Weld County Planning Commission has approved and does hereby recommend to -the Board of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of -this Zone Change as shown hereon and described this day of Per (\ 1979. Ch.. ' man, Planning C :mission BOARD OF COUNTY COMMISSIONERS CERTIFICATION This is to certify that the Board of County Commissiners, Weld County, Colorado do hereby confir approve and adopt this Zone Change and regulations this 2 -day of rIe- AIM 1979. >n$2.4‘e _ag^etiCee � Chairman, Board of County Commissioners q� • ATTEST: nt �fAt �t[ 4T; County felerle - g�.. .. __ -_- '-` __- . cam;.. l,:4-i / ) ., Recorded Date 6142-3-2 Page nary 16, 1979 w of 2 a r v1 h E4 H N a CORuY J_ a co t'�" " n N b p O as A W 2 ao I F • W v < az O 2 �49 O Y cc ,. N R VZ Wiz o _ T. i va g 00(f7 a a 1y LL v 'yJ Q 6F d a) �O cc w i W :5,1 ° t ,yp•, W a 6 t-26 b {�-I n w o� c .e pJ I-0 •p o r Ncm CO O LI' rnn O OR w o : o - :HU ! (�j)jJJp fliIjfl Y j rc• o o u wNg F . S331AM 'i f I3 a Er W Q c z 1,;)1 0 N W a b v;i n D o It A) 6 p O ❑ 2 a2 Z S S33d a01 a31Sn �< i p E E xx E °< w U g y o U3 ° rc B B B t. g vs o .. D 5 „ P w 1 ,O co.22 222 . 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T W S1w 0 Nw W a o w y w ' b o w a, ,-I N J m m J la=z < , w w ¢ MAIDS In ti y rn H U N ,-I u W Y p < W— OF F t0 cc Y y; • 7 -t 01 6i > < p z 0 W o `z ��¢ rn y rW' S391Aa3S 11 '�❑❑ ❑ w p 004 P ` a ��` 6 'Z Q w w 8 S331 a01 a31SYW1S • w n ' ,-1 C7 ai m FIN v vi In PS Form 3811,Nov.1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL r_- RrrORD) NS DATA - MAPS & PATS G, G & S Zone Change Agricultural to Commercial (A to C) NAME OF SUBDIVISION - N A MF OF SUBDIVIDER Augustine T. Arguello — Donald E Wadsworth — Jacob Duran Pt 1,8 30, Township 5 North, Range 65 West of the I O r A T I O N OF SUBDIVISION 6ht Principal Meridian DATE OF RECORDINGJUL 1 01979 ,;�,k 874 RFr FPT I ON 1996275 MARY ANN FEUERSTEIN WELD COU TY CLERK AND RECORDER B Y: ---- DEPUTY COUNTY CLERK & RECORDER Hello