HomeMy WebLinkAbout780010.tiff RESOLUTION
RE: GRANT CHANGE OF _ZONE FROM E - ESTATE DISTRICT TO C - COMMERCIAL
DIST-RICT FOR ROBERT D. BLISS , 2109 GLENFAIR -ROAD, GREELEY,
COLORADO 80631.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , a public hearing was held on the 25th day of October,
1378 at 2 : 00 o 'clock p.m. , for the purpose of hearing the petition
of Robert -D. Bliss, 2109 hlenfair Road, Greeley, Colorado 80631,
requesting a change of zone from E-Estate to C Commercial _District
for the following described parcel of land, to-wit:
Lot 1 of the Southeast Quarter of the Southwest
Quarter of Section 9, _Township 5 North, Range 65
West of the 6th _Principal Meridian, Weld County,
Colorado, according to the subdivision of lands
by the Union Colony of Colorado.
WHEREAS, the -petitioner was present and presented evidence
on his behalf, and
WHEREAS, persons opposing the change of zone were also -pr-e-
-sent and -presented evidence on their behalf, and
WHEREAS, Section -8 . 2 and 8 . 3 of the Weld County Zoning
Resolution authoriz-es the Board of County Commissioners to grant
a cha-nge of zone upon the showing by the petitioner of certain
facts, and
WHEREAS, the Board of County Commissioners heard all the
testimony and statements of those present, has studied the request
of the petitioner and the recommendations of the Weld County Plan-
ning Commission, and having -been fully informed and satisfied that
the request for rezoning 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; and having, after due deliberation,
determined that in the -opinion of the Board, changing conditions
in the area justify a new zoning clascification.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the petition of _Robert D.
co
�' 780010
Bliss for a change of zone from E-Estate to C-Commercial District
on the above described tract of land be, and hereby is, granted
provided that the ingress and egress on Balsam Avenue be eliminated.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
October, A.D. , 1-97h .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
lc
42./6, (Abstained)
ATTEST: 7111 '"� a1'1'�
Weld County Clerk and Recorder
and-Clerk to the Boa
BY: " n , r , '1/4
// eputy County C erk
AF(/IBOV AS TO FORM:
County Attorney
Date Presented: November 1 , 1978
,EC0RDING DATA - MAPS b^
Rezoning Plat ----_'"""1___�
NAME OF SUBDIVISION
Robert D Bliss & Elnora O Bliss__-- ----- . ---- -
NAME OF SUBDIVIDER
T.5 . , R.b5 W. of the 6th P.M.PM•
L1 SE4 of the SW4 Sec 9, ___. of ._---th
[ (1f ATION OF SUBDIVISION ____ ----------' Q 18�S�LJ��y
OCT 5197
DATE OF RF C BOOK Sy RFCEPT 1 UN +�
(�R B I NC, _.----�----
MARY ANN FEUERSTEIN
dEt 0 COUNTY Cl E AND RECORDER
Y :)2AV �1 q
DEPUTY COUNTY CLERK & RECUR R
i
1
OPS 2 BEFORE -THE WELD COUNTY COMMISSIONERS
3 GRULEY, COLORADO
4 Docket -Nos. 78-64 and 78-65
5 ROBERT D. BLISS )
2109 Glenfair toad )
6 -Greeley, Color-ado 80641 )
7 and ) TAPE RECORDING
)
8 JOHNNIE BERNHARDT ) TRANSCRIPT
569 East 18th avenue )
9 -Greeley, Colorado 80631 )
)
10 Applicants. )
)
11 -HEARING 'BEFORE THE WELD -COUNTY)
-COMMISSIONERS TO CONSIDER 71
12 -CHANGE OF ZONE FROM P-ESTATE )
DISTRICT TO C-COMMERCIAL )
13 DISTRICT. )
14 This natter canes on for hearing before -the Weld
15 County Commissioners Wednesday, October 25, 1978 at the hour
16 of 2t00 p.m.
17 Weld County -Commissioners:
18 -Ed Dunbar, Chairman
Leonard Roe
19 Norman Carbon
June stelnmark
20 Victor Jacobucci
21 Advisory counsel to the -County Commissioners:
22 MS. CAY NORTON, assistant County Attorney, County -of Weld,
23 Greeley, Colorado.
24
r 25
F % ' / ! / /f/' , 91
2
CHAIRMAN DUNBAR: It is now 2 o'clock, October
2 the 25th. I call this meeting to order. Would you call the
3 roll, please?
4 CLERK OF THE BOARD: Norman Carlson.
COMMISSIONER CARLSON: Here.
6
CLERK OF THE BOARD: Victor Jacobucci.
7 COMMISSIONER JACOBUCCI: Here.
8 CLERK OF -THE BOARD: Leonard Roe.
s COMMISSIONER -ROE: Here .
10 CLERK OF THE BOARD: June Steinmark.
11 COMMISSIONER STEINMARK: Nere.
12 CLERK OF THE BOARD: Chairman Ed Dunbar.
f'► 13 CHAIRMAN DUNBAR: Here. Let the record show there
14 is a quorum present. The first think I would ask is there
15 any of the Commissioners who would like to disqualify them-
16 selves and their reasons .
17 COMMISSIONER ROE: Mr. Chairman, I have signed a
18 contract for a house in the neighborhood and therefore, there
19 is a potential I may have a vested interest so I would like
20 to be disqualified--disqualify myself.
21 CHArRMAN DUNBAR: Let the record be noted. The
22 purposes of this meeting this afternoon is we have two
23 hearings. We will read the legal on both of them -and we
24 have Docket No. 78-64, Change of Zone E-Estate District to
rs
25 C-Commercial District for Robert D. bliss of Greeley, Colorado.
3
1 And also Docket No. 78-6-5 , Change of Zone from E-Estate
'"4 2 District to C-Commercial District for Johnnie Barnhart of
3 Greeley, Colorado. Would you make the record, please.
4 MS. NORTON: All right, Docket no. 78-64 is an
5 application by Robert D. Bliss, 2109 Glenfair Road, Greeley,
s Colorado for a change of zone from F-Estate District to
7 C-Commercial District on Lot 1 of the Southeast Quarter of
s the Southwest Quarter of Section 9, Township 5 North,
9 Range 65 West of the 6th Principal Meridian, Weld County,
10 Colorado, according to the subdivision of lands by the Union
ii Colony of Colorado. Notice of this hearing was published
12 September 21, 1978 and October 12, 1978 in the Johnstown
13 Breeze. Docket No. 78-65 is an application by Johnnie
14 Bernhardt, 569 East 18th Street, Greeley, Colorado, for a
15 change of zone from E-Estate District to C-Commercial District
18 on Lot 7 of the Northeast Quarter of the Southwest Quarter
17 of Section 9, Township S North, Range 65 West of the 6th
1s Principal Meridian, WC1d County, Colorado, according to the
19 subdivision of lands by the Union Colony of Colorado. Notice
20 for this hearing was published September 21, 1978 -and
21 October 12, 1978 in the Johnstown Breeze.
22 CNAIRYAN DUNBAR: Thank you. Would you give the
23 Staff Commission recommendations , Tom.
24 PLANNING STAFF REPRESENTATIVE: Okay, Mr. Chairman,
25 these comments are in reference to two cases. The comments
a
1 are identical in both. The first is 7-306 :78: 10. It's an
2 application -in the name of Robert P. Bliss. The second is
3 Case No. 7:307: 78:11, and it's the application of
4 Johnnie Bernhart. In both cases, it was moved by Jerry Keifer
5 the following resolution he introduced for passage by the
6 Weld County Planning Commission: "Be it resolved by the Weld
7 County Planning Commission that the application for rezoning
8 from B-Estate District to C-Commercial District covering
the following described property in Weld County" previously
10 read into the record by the County Attorney, "be recommended
11 unfavorably to the Board of County Commissioners for the
12 following reasons;
13
1. It is the opinion of the Planning Commission
14 that the Applicant has not demonstrated
compliance with Section 8.3 of the Weld
15 County Zoning Resolution in which mtstes :
"Request for rezoning of tracts within '
16 Weld County should he supported by
detailed and substantial evidence that
17 such rezoning 9.s necessary." Recent
findings and oral statements by petitioners
18 should show very clearly that either the
original zoning was faulty or that
19 changing conditions in the area now
justify a new classification. Without
20 the presentation of such supporting
documentation, the County Planning
21 Commission should not recommend a change
of zoning.
22
It is the opinion of the Planning Commission
23 that the Applicant has not demonstrated
in the submitted application materials or
24 in oral statements made at the scheduled
Planning Commission meeting that either
2s the original zoning was faulty or that
changing conditions in the area now justify
3
1
a new zoning classification.
2 Further, Section 8..3 of the Weld County
Zoning Resolution states:
3
4 "The following arguments which are frequently
presented are not sufficient grounds for
5 rezoning;
(1) "The area has no other practical use;"
(2) "The proposed rezoning would allow
q the 'highest and beet use of the land' ;"
(3) "A non-conforming use is located on
8 the property;"
(4) "The area adjoins land already zoned
in this manner; "
(5) "No one in the neighborhood objects ;"
10 (6) "If the zoning is granted, we will
agree to use it only for certain
11 purposes ;"
(7) "You haven' t given us any reasons for
12 not making the change."
Although each of the preceding arguments
13
has some validity, no one argument alone
14 in sufficient grounds for rezoning,"
In reviewing the Applicant's submitted
1° application in regard to hie reasons
16 and/or argument, for the rezoning of the
property, it is the opinion of the
Planning Commission that the Applicant
17 has not set forth sufficient reasons for
18 the rezoning request to be approved .
19 In addition, Section 8.3 states :
20 "There must he definite proof that the
area requested for change has unique
21 characteristics which distinguish it from
-surrounding lands and thus make its
rezoning essential."
22
23 Again, it is the opinion of the Planning
Commission that the Applicant has not
24 demonstrated that the property in question
has unique characteristics which dis-
25
tinguishes it from surrounding lands .
6
1 2. It is the opinion of the Planning
2 Commission that the request is not
consistent with the basic goals and
s policies of the Weld County Comprehensive
Plan with respect to urban development.
4 Within Chapter 1, Introduction of the Plan
under Section A. , Nature of the Plan, it
5 is stated on Page 2 that:
6
"Further urban development and growth
will inevitably occur throughout Weld
7
County. This Comprehensive Plan outlines
a course of action which assures urban
$ growth in accordance with the concepts
and desires of each existing municipality.
s At the same time, urban development will
take place with a minimum of impact on
10 the environment and with a maximum of
-economy in providing public utilities and
11 services . The net result is R controlled
expansion of our existing municipalities
12 into well planned, coherent communities
that blend into and complement the
13 ":surrounding agricultural environment."
ris
14 ' In setting forth the goal of assuring that
urban growth is in accordance with the
1, concepts and desires of each existing
municipality on pages 53 and 54, the
16 Plan states :
17 "The Future Land Use Map (in back pocket)
shows the general distribution throughout
18 Weld County of areas proposed for eventual
urban development. These areas are based
19 on comprehensive plans prepared by
individual municipalities in the county.
20 A more detailed picture of proposed
urbanization within the planning areas of
21 each of the towns can he found in the
comprehensive plan for the town in question.
22 Planning for urban development at the
county level must be closely coordinated
23 with planning for each of these municipal-
ities . At the same time, in order for
24 these towns to guide their future growth
successfully, they must make their goals
25 and objectives known to the county and
to each. other."
7
1
The City of Greeley Planning Commission
2 has recommended denial of this rezoning
request. The Greeley Planning Commission
3 in its letter dated August 10, 1978, noted
the following concerns:
4
"(a) Inadequate public improvements
5 (water, fire, sewer, street) ,
(b) Lack of interior street and secondary
g access,
(c) Inadequate use buffers and site
7
development controls , and
(d) Non-conformance with Comprehensive
g PI.an which suggests commercial
Activity clustered near First Avenue
an and the cemetery."
so The City of Greeley Future Land tree Map
found in the City's Comprehensive Plan
ii identifies the future land use of the
property in question as low and medium
12 density residential uses .
13 These motions were seconded by Bette Kountz. Vote for
14 passage was Percy Hiatt, Jerry Kiefer, and Bette Kountz.
15 Against passage Chuck Carlson and Irma White. Abstaining
is Frank Suckle, James Gilbert and Fred Otis. Additional
17 comments for. Z-306, the application of Robert Bliss:
is The Applicant has submitted a petition form
signed by nine surrounding property owners
19 Dr people living in the immediate area in
support of this rezoning request.
20
To date , our office has received eight letters
21 from surrounding property owners and two
petitions with 49 signatures opposing this
2' rezoning request. Our office has received
one letter from a surrounding property owner
23 in favor of this request"
24 Comments received on Z-307, which is the application of
2s
Johnnie Bernhardt:
9
1 The Applicant has r3»bmitted a -petition form
2 signed by seven surrounding property owners
or people Butz" in the Immediate area in
3 support of the rezoning _request.
4 To date, our office has received eight
letters from surrounding property owners
5 and one petition with 24 signatures opposing
this rezoning request. Our office has
6 received one letter from a surrounding
property owner in favor of this request."
7
CHAIRMAN DUNBAR.: Okay, we will circulate an
attendance record for everyone in attendance.
PLANNING COMMISSION REPRESENTTATIVE: And it does,
10 Mr. Chairman, have both--there i4 a separate sheet for each
11 case, so they should probably go ahead if they sign in
12 attendance for one just flip over to the next sheet, because
13
/^ they are two separate hearings .
14
CHAIRMAN OIINBAR: Just as well sign them both as
15
being here for both of them. Okay, we will take testithony
16
from the proponents.
17
MR. McRAE: Thank you, Mr. Chairman.
18
CHAIRMAN Dt'NBAR: I am not sure--I don' t know whether
19
-we ere gettingyou on tape. You might need to turn that
20
mike there towards you.
21
MR. McRAE: Thank you, Mr. Chairman. Jerry McRae,
22 engineer, and I have done the planning for the Applicants
23 on both of the applications here. As they are in the same
24 general vicinity, there are a lot of general remarks that
2 certainly refer to both of them. However, because each one
9
1
-does have some unique characteristics of its own, I prefer that
2 we consider each one at a time.
3
CHAIRMAN DUNBAR: Fine.
4
MR. McRAE: And proceed on that basis .
5
CHAIRMAN DtUNBAR: Right.
6
M??. McRAE: The area is on East 13th Street and
7
the Bliss property is at the Southwest corner of 18th Street,
8 East 18th Street, and involves a matter of a five-acre tract.
s
-There is an existing set of improvements on the property. It
10
is owned by Mr. Bliss and has been for several years . He
11 has a definite interest in this zoning application, because
12 he intends to make further use of it for his own needs in a
13
produce-type storage warehouse office facility. East 18th
14 Street has been an arterial easterly out of the city and has
15 carried a considerable amount of traffic. However, most
16 recentl the East 34 by
pass ppasa easterly has been opened and
17 there has been a marked change in the amount of traffic,
1s which I am sure is just temporary
emAorsry by nature because the area
19
certainly will -grow back into a more developed type area
20 whether it is urban or whether it' s commercial or residential
21
or whatever. -But at least at the present time, the traffic
22
on East 18th Street has changed considerably from the time we
23
started this petition.
24
When we did start, I bad four individuals who had
25
-accumulated 25 acres of property in this general vicinity,
10
1 which were all interested in re^oning to commercial or
2 business use. Some of them were actually operating home
3 businesses at the time and wanted to expand but couldn't.
4 Z think this is typical of several of the places along there
5 where there are existing, businesses, if
you like, along with the
6 residential use, because we feel that the area is changing.
7 It does--it has shown a tendency toward a business use.
8 The long range plan of the city has , of course, and--garbled--
9 fias tried to isolate this intersection here, rirst Avenue,
10 and this intersection out here br Linn (trove as basic
sl commercial areas. However, I think anyone driving up and
12 down the street can quickly realize that they are well beyond
Pas 13 that stage. It May be a preferable thing but I have a
14 listing here of the amount of businesses on both sides of the
15 street and also which I will alive you in a moment, but also
16 when the area was zoned, fortunately it was zoned as Estate
17 Zoning because there were five to ten-acre tracts available
18 with residential units on them, tracted by farms and it was
19 an ideal Estate type zoning. However, some people even at
20 that time requested of the county an industrial zoning . As
21 you can see there is a large block of industrial zoning from
22 Balsam Avenue to Linn C rove Cemetery on the north side of the
23 road that the city even though R they preferred to limit
24 business and industrial uses to this area and this area, they
25 have--this is zoned industrial in the county. This is zoned
11
1 industrial end ' hr c{ty therm-elves have started zoning
Oa\ 2 industrial, the !semen property and so forth, coming out of.
3 Fast 16th Street. The area to the south is developtng here,
4 local home residential and the Past Nemori.al School, which is
5 a half -mile south here. Special--garbled--subdivision is
6 south of the nroponed property as yell. Let ne give you this
7 li-at of -a a -quick summary tabulation of the asses on both Bides
8 of 18th street from tinn drove Cenetery to 1st Avenue and as
you look down there , the summation of this amounts to the fact
10 that this area there are 2C -existing residents-al uses. There •
art 60 commercial businesses in operation in this stretch at
12 East 18th Street. And even sone of these residential units
r,` 13 have home business oeeupntions operating out of then at the
14 present tine hut they haven't been counted twice.
15 We feel that it is -in an area that Is controlled--
16 is ideal for growth. It is adjoining the city and will be
17 annexed in the very near future I would suspect. Obviously
18 the city has -definite interests and has taken steps to improve
19 the water distribution its the area. Presently there Are, I
20 think, two smell water districts -serving the -area, but the City
21 is moving that way and ebviouely supplies the treated water
22 to the districts And obviously have a great interest in
23 expanding the system and using the property and making this
24 property more -conducive to a better portion of the -city of
25 Creeley. Western, 111-11 ire District does have a fire station
12
1 located right here. The City of Greeley is starting con-
e% 2 struction of a fire station up fourth, which is at this corner
3 right here. So we feel that, of course, whereas there may be
4 some immediate problems to the area, the long range plans
5 have been made to take care of the consideration of fire
6 protection.
7 On this corner property, of course, East 18th Street
8 is-- Even though it is now _being bypassed, the State
9 Highway Department still sees a future need for probably
10 an arterial of some kind down there and another rezoning
11 along East 18th Street have requested and been granted a
12 reserve, and additional reserve amounts to provide in the
13 future a 100 foot total right-of-way along East 18th Street.
14 We are willing to do the same and hope that that is no
15 insurmountable problem or real expensive problem in the
16 future. Of course, long range planning does involve other
17 properties and other uses and other 'needs and budgetary items
18 and so forth before any long range planning is done and
19 probably accomplished, construction is accomplished in the
20 area. Our _zoning request has provided the necessary reserve
21 on the East 18th side. Ue have also provided a setback on
22 the other side. to allow future growth or future dedications
23 on those sides if necessary. As I said earlier when we started
24 one
this, we had several people who were interested. However,
25
of than moved and sold the property to an area where he could
13
1 expand his business. The other, I think, just probably
e"*% 2 thought the problem was too lengthy for him to be involved
3 in. It has been close to a year.
4 The area does have a lot of small individual--
5 consequently it's very difficult for any specific owner to go
6 to the expense of coming up with a master plan for the total
7 area. The City was actually cognizant of the fact and in
8 their recommendations it said that the City and County
9 probably should get together and take a closer look at the
10 area because it is an intermixed area. There are intermixed
11 zones. And it is developing at the present time. So their
12 planning is _really behind at the present time but my
13 applicants don't feel that they are responsible for designing
14 the area and at this stage they have done whatever seems to be
15 reasonable in alloting--garbled--future--garbled--or setbacks.
16 I think that--oh, one other thing, the highway
17 Department suggested that access on the Bliss property might
18 be Balsam Avenue and their thinking was, of course, that that
19 turns it onto Balsam Avenue--garbled--and having to get back
20 to 18th street is at an intersection, which probably will
21 have some controls on it in the future. However, several
22 of the residential owners and the residences in the area have
23 made mention of the fact that the school is close and there
24 is pedestrian traffic along Balsam and Mr. Bliss is more than
25 willing and the Highway Department has not denied an access
IIO,
' I 14
1 on Fast 18th that we would be more than willing to bring our
2 access out to 18th Street, at least the main access. I
s think most ro erties would like a secondary P access along
4 Balsam Avenue. I don't think that would be a critical item.
There is some talk of long range planning. I have seen sketches
6
at these that Balsam may become a north/south arterial at
sometime in the future. East 34 bypass does have right-of-way
8 for a flared interchange to Balsam Avenue, but whether it
comes straight north or swings further east I don' t think
10 the plans of that is refined yet. However, it is a possible
11 alternate route for a north/south--garbled--between 34 bypass
12 and 34 east of First Avenue. Mr. Bliss proposes to put on
13 property ro
P p y a produce storage warehouse and the o££ice £acili.y
14 on the property. It is an agricultural business, seasonally,
15
basically a seasonal operation during harvest season, the
10 potatoes and so forth. --unintelligible
17
18
COMMISSIONER CARLSON: Wholesaling, you mean, there
19 won' t be any retailing on the property?
20
MR. McRAEt No. It's all large trucks to large
21
purposes. It's a wholesale business .
22
CHAIRMAN DUNBAR: You say you will be using Balsam,
23 is it Balsam?
24 MR. MCRAE: Balsam.
enS
2 CHAIRMAN DUNBAR: Balsam Avenue for the access
15
1 instead of coming off of 18th?
2 MR. McRAE: Our original proposal at the suggestion.
3 of the Highway Department was to use Balsam Avenue. However,
4 they did not deny or refuse an access on East 18th Street.
5 They said if you put it on 18th Street, carp should he taken
s that it's net back from the intersection, provide proper
7 turning movements, otherwise not an arrow entrance--garbled.
8 It would have to be a large enough entrance to easily accept
s the traffic. They suggest an acceleration or deacceleration
10 lanes or turning lanes, which is fine if the street is developed
11 in four or five lanes or more. Presently, in its two-lane
12 condition, the turn-out lane might be as much of a traffic
13 problem as not having it, because people might get over to
OrN
14 it thinking that they could go ahead on and then find that
15 it was just temporary in nature and ends rather quickly.
16 But we certainly could control our own, the width of our own
17 access . It would be pavediibr easy in and out access and so
18 forth and we are willing to put it there just as well as we
19 could put one on Balsam. It makes no difference as long as
20 we have one access to Balsam. As I said, perhaps a secondary
21 access would be advisable, too. It wouldn't be the
22 only access, but it would be available for emergency.
23 CHAIRMAN DUNBAR: In regard to this property I
24 see that's on the south side of the highway--
^ 25 MR. McRAE: Yes , sir.
HI
L�
1 CHAIRMAN DUNBAR: What do--does that came up against
/"► 2 Balsam Avenue, it does , doesn't it?
3 MR. McRAE: Yes. it does.
4 CHAIRMAN DUNBAR: Okay, what do you got across the
5 street from Balsam Avenue to the east?
6 MR. McRAE: It's the Turf-Tec, a Turf-Tec. It was
7 a former garage and has been converted down to a business,
8 Turf-Tec--garbled.
9 COMMISSIONER JACOBUCCI: What do you got--red square
10 MR. McRAE: Yes , well, it's across this side.
11 CHAIRMAN UNBAR: What do you got to the west?
12 MR. McRAE: To the west is a five-acre tract. It's
^ 13 a tract farm and I think that's a ten-acre piece there,
14 isn't it? There is a residence with a home business operating
15 out of it at the present time. Across the street to the north
16 is an area five acres that is zoned industrial, owned and
17 operated as a produce storage area by Mr. Hungenberg.
18 CHAIRMAN DUNBAR: Is that commercial zone?
19 MR. McRAE: It's industrial zone.
20 CHAIRMAN DUNBAR: Industrial?
21 MR. McRAE: Industrial, yes, sir.
22 COMMISSIONER STEINMARK: I guess I missed your point
23 when you stated that this property will soon be annexed into
24 the City or in the near future ,
easS
25 MR. MCRAE: Yes , I said that.
Il 17
1 COMMISSIONER STEINMARK: And one can reasonably assume
2 that, and yet, you know, in that essence, why would the County
3 want to determine to go against the recommendation of the
4 City Planning Commission in the fact that our concept is that
5 we want you to locate near towns because they have the
6 public improvements and services to provide to industrial and
7 commercial growth and if the City says their services there
8 are inadequate, plus the fact Q , you are in nonconformance of
9 what they want to develop in that particular area. I mean,
10 I guess I am missing the point as to why if you are going to
11 be annexed to the City in the near future, why we would make
12 a decision in complete disagreement from the city's.
13 MR. MCRAE: The area--I don't know what the near
14 future is when we talk about annexation but the City has
15 started annexing. They have annexed the Inman property
16 to the north here, which is really not too far from us. The
17 school on the south is annexed. This is proposed for school
18 park and the area south is under process for annexation. I
19 believe the owner probably here is willing to annex on the
20 north as well, when the time comes. But I just say that the
21 annexation is moving this way as well as it is now moving west .
22 We do have new growth and new impetus in the area and the
23 City is underway with various projects for annexation. As far
24 as the to plannin
g range p g goes, I don't know when it was
25 prepared and I don't know by whom. I don' t know how much input
I III_ I
II, tl,I H
1$
1 was given to 1l particular use in the area, but regardless of
2 when, in the meantime I think a lot of uses have changed along
s this street and they may definitely want to reconsider what
4 their plan is for that area. At this time, they haven't
5 looked at it for quite some time and realize that, and I think
6
their statement was that it doesn't meet the existing plan,
but I think the existing
plan is out of data. And their water
s
and fire protection, as I say, they have made some major
efforts to bring additional water and additional fire
10
protection into the area. Of course, there is not a complete
11 distribution system in the area. I don' t think there probably
12 will be until the area is annexed or you get a large enough
13
OIN development that's able to support pport that type of front end
14 investment in the total area.
15
COMMISSIONER STEINMARK: It's very hard for me to
16 debate whether or not the City wishes to change its
17
Comprehensive Plan or is even contemplating any changes for
18
that particular area. But it would seem to me that the
19
development of the school in that area and also the residential.
20
development in that area would tend to tell one that they don't
21
want to change the complexion of that particular neighborhood
22
or they wouldn't be investing in residential use out there; so,
23
you know, it would lead me to believe that in fact they would
24
at least assume to stay with that, you know, what they have
25
already designed.
T I RAli Il
gl IP 19
1 AMR. McRAE: The residential growth in the area has been
1F' 2 basically to the south along 20th Street along the school and
:further south. There have been, I don't think any new
4 residential units built along East 18th Street for a couple
5 Df reasons. One, water is not available to the area.
6 Secondly, it's zoned Estate, which would mean you would have
7 to have certain acreage and make a certain investment and
8 everybody I believe, realizes that East 18th Street isn't
0 an ideal frontage road for an estate type development. It's
to not rural. It's not the private or residential type street.
11 It's obviously going to carry a lot more traffic than that.
12 COMMISSIONER STEINMARK; Is it true with the change
'.y 13 of zone, however, that in essence with the commercial zoning
14 we would have in fact any commercial unit of any type would
15 then be allowed on those properties? So, in essence, we
16 _don't know at this time what use you will actually be making
17 of that property.
18 MR. McRAE: tie have stated the use we intend to make
19 of it. However, it is an open zoning request which would
20 allow anything to be built which is under your commercial
21 zone. However, we don't feel that that is particularly
22 undesirable, because you have industrial zone across the
23 street, which you basically have given away control on already,
24 CHAIRMAN DUNBAR: Where does--where is the city
IflaN
25 limits now? Is that on First Avenue?
Il l 20
1
MR. McRAE: Yes .
2
CHAIRMAN DUNBAR: That is, as applies to 18th Street.
a
MR. McRAE: It applies to 18th Street. First Avenue
4
is the city limit line. As applies to 20th Street, the city
5
limit comes along 20th Street to just west of the East
6
Memorial School, so it is to this point here. The city limit
7
line comes along 20th and up First Avenue here, and it
8
comes out and picks up the Iseman property here. So this is
9
the end.
10
COMMISSIONER CARLSON: Gerry, I think you said west
11
of East Memorial School. I believe the city limits is on the
12
east side of East Memorial School.
13
1A MR. McRAE:. Yes, East Memorial School is in the
14
city.
15
CHAIRMAN DUNBAR: A real broken line then?
16
MR. McRAE: Pardon?
17
CHAIRMAN DUNBAR: Real broken line?
18
MR. McRAE: It is rather broken and the extensions
19
have been on both sides of 18th Street, and not on 18th Street.
20
I think they are avoiding it--I don't know.
21
COMMISSIONER JACOBUCCI: How far south does the
22
city go of the school--quite a waysl
23
MR. McRAE: No, it goes 1320 feet south--
24
eiN COMMISSIONER JACOBUCCI: Oh.
25
MR. McRAE: To this line. This property here is a
1 a11
11 , j!i
'1
1 ten-acre site owned by the city for future park and detention
0.4) 2 purposes And they are willing to -annex that. I have heard that
3 they want to annex it at anytime. I know the property, 4D
4 acres to the south of this point is also under consideration of
5 annexation. The Hungenberg property in here is, I think,
6 underway for annexation and will allow the extension of 22nd--
? 24th Street, I guess . But the city plans on extending that on
8 through to provide access to the GTJedgewood property and
0 areas further to the south. All of which will tend to, es
10 well as the 34 bypass, tend to lighten traffic along test 28th
11 Street.
12 CHAIRMAN DUNBAR: And the sole purpose of this property
/•� 13 would be for the purpose of storing produce? There is no
14 intention of using it for any other type of commercial
15 operation at this time?
16 MR. McRAE: At thin time the property is owned by
17 Hr. Bliss and he intends to put it to his own use.
18 CHAIRMAN DUNBAR: Would that be camnnercial? Do you
19 buy and sell then or does ?4r. Bliss buy and sell or what
20 would -it be just his own produce?
21 MR. MCRAE: No, it's his business of buying and
22 selling potatoes in bulk quantities , - purchases and selling
23 to the purchasers who want to buy it then. So it's a commercial
24 operation and this was the zoning classification that it would
25 fit into for -enclosed storage building.
1 �1 22
1 -COMMISSIONER JACOBUCCI : Now, industrial is located
leN 2 right there at the little narrow pink strip on the north side
s of 18th and on the west side of Balsam.
4 MR. McRAE: Yes .
COMMISSIONER JACOBUCCI: Yes, I can see it from here.
6 SPEAKER: There is five acres there.
7
COMMISSIONER JACOBUCCI: Five acres that's zoned
8 industrial?
SPEAKER: Joins mine right on the east of mine. I
10
join Industrial.
11 MR. McRAE: Yes, this five acres in this area is
12 industrial. This whole part along this side is industrial
13 --unintelligible - other uses over
14 here on the far end. Basically, this is industrial along here.
15 This highway, this 34 center is located approximately in the
16 middle of that industrial use area. There is -a ten-acre
47 parcel north here that's zoned industrial. And, of course,
la this up in here is zoned Industrial, too and Turf-Tec across
19
the street.
20
MS. NORTON: Turf-Tec, however, is a nonconformiing
21 use. It's not zoned Industrial, isn't that right, Tom.
99
PLANNING COMMISSION REPRESENTATIVE: Pardon me?
23
MS. NORTON: Turf-Tec is a nonconforming use, it is
24
not zoned industrial.
25
PLANNING COMMISSION REPRESENTATIVE: Yes , that is
a1!
23
1 correct, it in nonconforming .
2 CHAIRMAN DUNBAR: Okay, any other questions? Do you
3 have any other statements?
4 MR. MCRAE: No.
5 CHAIRMAN DU'NBAR: Does the proponents have any other
6 additional statements that you want to present?
7 SPEAKER: I think he pretty well covered it.
8 CHAIRMAN DU3BAR: All right, then, we will then
hear from the proponents--opponents ,
10 MR. BEARER: My name is William -Beazer. I reside
11 at 717 East 19th Street Road, freeley, Colorado. My
12 property is about 400 feet southeast of the property that 's now
13 being, considered for rezoning.
14 COIHISSIONER JACOBUCCt: Would you pinpoint it
15 there, please.
16 MR. BEARER: Yes, okay, right here. Through omission,
17 / a sure, not intentional, there is also two homes on the
18 east side o£ Balsam Avenue, -one on the north side of Turf-Tee
18 and one on the south side of Turf-Tee. Aud 'it's my under-
20 standing also that there is also a plat in the city that
21 says that fast 19th Street will eventually be cut through on
22 Balsam Avenue, It will eventually run through part of that
23 property as it runs just south o₹ Turf-Tee and just north of
24 that house and in fact I think that house will have to be moved
Fes'
25 if they run that street, which will run right along the back
1111111 [F III
24
1 side of the property known ns--garbled--subdivision.
T 2 One other thine. Mr. McRae did a fine job in his
3 presentation, and he centered mostly on 18th Street and,
4 however, on the businesses that are present on 18th Street.
5 If you eo from First Avenue on Balsam east, you have the
6 Seven-11. qou have where the Old Country Playhouse was. -On
7 the north side you have a bunch of businesses together, some
8 of which are occupied, some of which are not. From there on
9 until you reach 1Tun enberes , on that side, there is more homes
to on the south side, which is not zoned Commercial and you have
11 mostly five and ten-acre estates . The reason there has been
12 no home development there, is because in most cases when those
O„` 13 homes were nut up for sale, they were put up as they were,
14 not as subdivisions without approval of a subdivision and
15 that people bought them for that reason.
16 But I think we have to take into consideration here
17 aside from just 18th Street itself, the industrial property
18 just to the north which ie n produce outlet now, Tlungenbergs.
19 He raises a lot of his own crop, plus he buys some. He has
20 been in operation for at least ten years that I know of and
21 probably a lot longer than that. Very small, he uses small
22 trucks . Be hss access on 15th. I am not sure the access he
23 has on 18th of semis is appropriate either, but they have been
24 doing it for a lot of years.
inN
25 SPrArrR: Frcuse me--
TT IU I . 1 I
25
1 CIIP IFIT't rITMAT : Just a minute, we will let the
2 proponents rebuttal.
3 mil. BEARER: 734 is zoned industrial. The businesses
4 there have done almost like, a shopping -mall, except they have
5 small businesses, small offices And so forth. I think there
G is one on 75 also, just across on the vest side, very similar
7 to where that--garbled--world and so forth is. The other
8 properties--there is also a home right on the corner (IX 18th
s and Balsar;, on the north side, right on the corner. -People
10 can keep their horses there and so forth and, yes, they nre
11 surrounded by businesses , but the people are very pleased
12 with their property and so forth and I am not sure that they
rare are going to convert over to -some type of business .
14 CHAIRMAN =DAP: Ira that the Ilungenher.gs?
15 MR. BEARER.: The I'ungenberg-s would be on the south--
16 on the northwest corner.
17 CHAIRMAN DUNBAR: They would be straight north,
18 aren't they, across the road?
19 MP.. BEARER: IxunIzenherr s is on the northwest corner
20 of 18th and Balsam and on -this corner, I don' t know who owns
21 it now, but there is also a +lore, right across from Rayburne,
22 which would be the northeast corner--unintelligible
23
24 MR. B}?APER: -Excuse me.
e 2-
--unintelligible _-___ _
1 II 26
1 T.1::1'.RLT: Yes, ? re.--garbled--I think one home
2 belongs to ”r. Bliss on that property. The school--the access
3 they are talking about the possibility of running up on
4 Highway 34 coming, up Balsam Avenue, the City has gone to a
5 lot of expense to buy that park area south of 20th. They
6 have annexed that property. That school lies right in the
7 way of a road. They would almost have to pick up the -school
8 to make the road there. I am not so sure the people looking
`' at the school area would be pleased with that at all. Traffic
to along 20th is becoming much more heavy with the residential use
11 and with some truck use. The traffic at Balsam and 18th is
12 not really conducive to semis . Egress or ingress , it probably
OP'S 13 could be. One of the renions the truckers came out of
14 Turf-Tec was because of the -problems of breaking down
15 culverts . That line on each side of the road.
16 Noise, dust are all reasons . Children mainly.
17 People here have - wrapped up as much =in these homes in this
18 area and along lath Street as we are talking about putting
19 in a business, a fine investment. We feel it's a good area
20 for children. We are close to our jobs . We are close to the
21 city, and yet we still have a country atmosphere. We are able
22 to keep our horses et cetera. Another reason with a produce
23 outfit, we already have one. We know it. We know it brings
24 rodents or the possibility of. That's a problem with children,
25 If the City is thinking of annexing, eventually
1 T1111 II11 - T III '11 11111 ___--
f iT� 27
1 probably the area north of 20th will be subdivided and homes
2 built. We have a subdivision already down in here next to the
s school, which I understand is going very well, which has
4 added more children and people. Truck traffic again. If
5 these men have to come in on 20th over the highway and make
6 this turn and come around, right now--there is a truck that
7 makes at this corner this turn over Mr. McMichel's property--
8 Mr. !fichel' s property rather, they cut his corner over his lot
s every single time trying to make that turn. There are a
10 number of school buses that come out every afternoon from
ii East Memorial School. Truck traffic again, we mention the -
iz children.
13 I think we have to look aside from lflth and look at
14 the general overallpicture and Comprehensive
Plan and look
15 at this plan and on the article or rather on the information
16 that came from the State Highway Department, and I am sure you
17 have this in your packet, "We also feel that access to this
18 site should be anticipated at this time. There already are
19 numerous access points on the highway in this area and this
20 situation creates conflicts which affects the free flow of
21 the traffic. Since this development has frontage on Balsam
22 Avenue as well as Highway 34, we feel that access should be
23 obtained from this street. This would increase turning
24 movements at this intersection and so a left turn lane and
2 right turn deceleration lane would be useful. Any access to
Il l �llfl IP l lI I.11
'1 [ 28
1 the highway should he aiimod with one on the other side if
eN 2 possible, and should be clearly defined. A continuous driveway
3 is unacceptable." Balsam Avenue is tight as it is. There is
4 a lot of children. There is residential. traffic . There is
5 school bus traffic. We feel that this would be unsatisfactory.
6 I also feel that the Planning staff did a heck of a job and I
7 can agree if the City and County decide they want to go over
8 their overall planning, that' s one thing; but right now they
9 have a Conprebenaive planning format and this is what should
10 be followed. I thank you.
11 CHAIRMAN DUNBA.R: Thank you. Any other opponents
12 who wish to speak? I forgot to ask was there any questions
13 of this gentleran?
14 CCrmBSIonr. uTEl U!ATM: Yes , I guess I 'd lik--
15 CHAIRmAT; DUR<BAR: Why don't you coma back up to the
16 microphone?
17 Cam-^1ISSIONER STEINMARKs I don't know whether you can
18 answer this question, but what I am trying to get at is I
19 guess, is some feeling about the changing nature of the
2° neighborhood. Along lath Street as far as the area that is
21 already in residences, do you have any informatlon or. can
22 you tell me what hind of change over sales, is there a great
23 deal of sales in changing use out there?
24
'-R. BEARER: Prom my own knowledge only--I have not
2 gone through the records. I lived on past 16th at 824 prior--
II{Ill l
I4
1 garbled--to a farm and then where I presently live now. I have
/"s 2 not seen that many places for sale along East 18th Street.
3 They aren't very, very desirable. I think that's one of the
4 reasons why we have not seen any increased building due of
5 the fact people bought them for what they were, five and ten-
6 acre sites with homes on them. They could keep some cows,
7 some horses, k-H projects , whatever. I do not foresee right
8 now any great changeover in that land.
s COMMISSIONER STEINMARK: Okay, how far is this from
10 the place that I think is now called The Fort? It used to
be McDonald's?
12 MR. BEARER: The Fort would be to the north and
fak 13 east, I would say a half a mile.
14 --unintelligible
15
16 COMMISSIONER STEINMARR: The reason I ask was I think
17 we approved that piece out there as a neighborhood recreation
1-8 type of thin
g. Thank you.
19 MR. BEARER: Any other questions?
20 COMMISSIONER JACOBTJCCI: I would like to ask if
21 you would rather see this stay Estate.
22 MR. BEARER: Estate and I think the area--it is kind
23 of an unusual area at the present time. As Mr. McRae said,
24 the City has annexed in kind of a zigzag pattern around the area.
25 I think future annexation is definitely within the--you know,
iIII l_ I' TE WIT
0 I"' 'lit 30
1 future. Now, I don't know how far. I think they -have us on
(PIS 2 three sides. There are some water problems. There are no
taps available for any large concerns. They aren't giving
4 them out because of the water systems. "It's hard to say, you
5 know--
6 COMMISSIONER JACOBUCCI1 Then let me ask this, would
7 you like to see it go into houses and subdivisions?
8 MR. BEARER, Well, I think probably that's what
9 will happen when the city annexes it and what they do as far as
10 taxes and assessments on these other properties will probably
11 determine how many people can hold onto these properties.
12 Mr. Bliss mentioned his taxes went up. Well, some of ua in
13 this area--garbled--since moving in have had our taxes go up
14 112 percent in less than 5 months. So I think if taxes are
15 going to be a consideration for use of the land, you know,
16 people just wouldn't buy. Now, whether or not this will
17 affect those people, I do not know. And the change, I am
18 sure that, you know, times will change. You knew it used to
]9 be a home was 20,000 average value, now it's over 54,000
20 average value. But it's an area we feel is very comfortable.
21 The children have the advantage of being out in the country.
22 They are not sitting exactly in the city, and yet they are
23 close to the city. The school is there and that's one of the
24 seasons we picked the home there because we have a boy getting
25
ready to go to school. We like the area. I like it better
Ifl fell - - Fill__ _ �__-
1 Ift 31
1 than going west of town. That's only a personal preference.
2 The people along -here, I am -sure, along 20th, should that
3 become--garbled--because of.having to make that turn. That's
4 all residential and I believe a state zoning also which is
5 anywhere from about three to ten-acre tracts .
6 CHAIRMAN DUNBAR: Do you live south of this property?
7 MR. BEARER: I live south and east.
8 COMMISSIONER JACOBUCCI! Right there.
0 CHAIRMAN DUNBAR! Well, there 's an open field to
10 the south, isn' t there?
11 MR. BEARER: There is a direct open field to the
12 south right here.
Ist
13 CHAIRMAN DUNBAR! Then you live beyond that--street
14 then?
le MR. BEARER! No, I live in between 18th and 20th,
16 East 19th Street Road.
17 CHAIRMAN DUNBAR! Have you seen any change in
18 traffic there since they have opened that other road to the
19 south, that bypass there?
20 MR. BEARER! You mean •20th--20th Street?
21 -CHAIRMAN DUNBAR! No, the bypass.
22 MR. BEARER? I have seen tore traffic on 34 here
23 lately. I don' t know what the reason is , but I have seen more •
24 traffic here recently. We can look right out on 34.
25 CHAIRMAN DUNBAR: Don' t you think that the bypass
1MIME Ill _ _ ii
(I I' 1111' 32
1 will take any traffic off at alll
0941 2 MR.. BEARER: -Oh, I think it probably will take some
3 off at some future time, yes , as they probably -clear up that
4 matter of coming in. I think some of the drivers aren't
5 familiar with the area, and where the bypass stops when they
6 -come to it off of old 34. I think that's part of the problem.
7 I think that's only personal. I am not an engineer and I
8 couldn't say that, but there isn't a lot of other traffic.
0 And you know we are talking about not only harvest. Mr. Bliss
10 is in business to make money. I don't think anybody, you know,
11 will deny that. We are talking about during harvest, he is
12 bringing potatoes in. fie is buying from farmers and maybe
13 some of his own farms, which is fine. But then we are talking
14 about holding for the right price. You have got traffic patterns
15 all year long, even though it might only be four semis a day
16 or two semis a day. You're taking that chance. During
17 harvest season, of course it's going to Increase. You've got
I
18 early spud harvest and you've got late spud harvest and--
10 garbled. I don't want to question Mr. Bliss 's intentions
20 as far-as what he wants to do with that property, but once
21 that's stoned Commercial, that building is in. ttr. Bliss has
22 other interests and other places. I think he is building a
23 new one up on 8th, quite a large unit up there. Who's to say
24 if he sells that, what somebody else would do once it's
25 zoned Commercial and the effect upon the neighborhood.
T 11 1
�) 33
1 CHAIRMAN DUNBAR: Okay, any other questioney
2 Thank you.
3 MR. BEARER: Thank you.
4 CHAIRMAN DUNBAR: Any rebuttal?
5 MR. McRAE: Just one comment on the last statement.
6 Mr. Bliss is proposing Just an office to go along with the
7 storage anti warehouse. The existing tap and facilities that
8 are in the house could be transferred over and provide the
s needs. In other words, the business he is proposing means
10 nothing that Isn't available already on the property.
11 Certainly any additional increase in zoning use or _different
12 use, whether it be a service station or motel or restaurant
efiS 13 or anything else, mould certainly then be in a position of
14 having the predicament of the water and fire protection,
15 because this particular business lends itself to the least
1G account of those utilities, where anything else, I think, would
17 probably demand more facilities and probably wouldn't select
18 that location until they were available.
10 CHAIRMAN UMBAR: How long has Mr. Bliss owned this
20 property?
21 SPEAKER: About five years , six years.
22 CHAIRMAN DUNBAR: And how long has Bliss ₹:een in
23 business, the produce business?
24 MR. BLISS : Twenty-five years. One reason I moved
25 here or I had to move. The City annexed the Isenan property.
� — 1111 Ant --- __ l 1
119 34
1 -CHAIRMAN DUNBAR? Why don' t you get over ₹zere so ma
2 can pick it up a little better on the tape. Give your name.
3 MR. BLISS: Bud Bliss. The reason we're moving,
4 having to move, Mr. Zeeman, ha-d--garbled--the 18th Street
5 property whereas the present annexed--unintelligible
----------- We had been there 21 years at that same
7 location.
8 CHAIRMAN DUNBAR: -Did -you lease that from Iceman
9 then?
10 MR. BLISS : Yes, sir.
11 -CHAIRMAN -)UNBAR: Are you building a storage,
12 -warehousing and so forth out by the airport?
eel, 13 MR. BLISS: Yes, sir, on 8th Street.
14 CHAIRMAN DUNBAR? On the old, I believe, It's the Fry
15 place?
16 MR. BLISS: Yes, sir, on an -old farm there. We
17 are in the process of putting some buildings up there now.
18 CHAIRMAN -DUNBAR: You're storing -produce there?
19 -MR. BLISS : Yes, that's right. And where we are
20 at It, the property we are talking about being at is like,
21 as Mr. McRae said, es far as the sewage and -water, me have a
22 water tap there which would cover whatever needs ye tight
23 -need there. We wouldn't be looking for any excess water or
24 sewage system or anything like that. It's already there for
25 what we need. And there has been quite a hit of discussion
All if El I 1
9i
1 on entering Balsam Street, line Mr. McRae said, we could put en
O2 entrance in on 18th Street. As a matter of fact, I'd prefer
3 it on 18th Street, just one big entrance. And we have traffic
4 there in the fall of the year when it's harvest time, potatoes
5 put away. There is very little traffic. We might load ten
6 loads a week. It -doesn' t last too long. Generally, by the
7 first of the 'tear, not much later than that, potatoes are all
8 shipped. Most of our business, my business , goes to the
9 potato chip companies ,
1° CHAIRMAN DUNBAR; You have--of course, in the fall you
11 have a big influx.
12 !R. BLISS: Our field trucks will be coming in with
-eS 13 potatoes for storage; it lasts about three weeks , and that's
14 the and of it.
15 CHAIRMAN DUNBAR: And then -you process them or store
16 them?
17 MR. BLISS: We store them--garbled--generally much
18 through January. We try to he through with them by the end
19 of January. They are all shipped out, -practically all of them.
20 So far as a lot of influx of trucking and transportation in
21 and out, there will be some at harvest time, about three
22 weeks of it, and then through the winter it wouldn' t be
23 any more then what comes up and down that avenue anyway. Some
24 days, we don't ship at all. Some days , maybe we' ll ship a
25 couple loads a day. It's a retail business . We don' t have
HUH-H-
rI 1111'
3b
1 any individual people driving in and out which would incr-ease
2 the traffic any. I been trying to farm the piece of ground
3 and you can't hardly pay the taxes on five acres whatever you
4 put on it to farm it. We are in business . We been in the
5 business for 27 years , harvesting, growing, and storing
6 potatoes. And the traffic up--we been watching it since the
7 traffic changed out here on the bypass of the river. I would
8 almost say right now it's cut down 50 percent. That traffic
9 that comes off of there, you can stand out there and count the
10 cars , trucks or any of it and that just started last week.
11 They just opened it up here, I think it was last Friday or
12 something like that. There's a big change on decrease of traffic
13 on 18th Street right now and I think as soon an most of the
14 truckers find out the routes in and offs of it, there will be
15 a considerable more cutdovn. Because most of them, you have
16 a lot of summer traffic that comes in on 18th Street that's
17 mostly tourist. They'll take the bypass. They don't care to
18 come in on 18th--garbled. I think it's one of the best
19 things that happened to us in a long while--that bypass .
20 CHAIRMAN DUNBAR, 18th Street carries heavy traffic?
21 ,*R. BLISS, It sure does . Yes, sir.
22 CHAIRMAN DUNBAR: I agree with you.
23 MR. BLISS, But it's cut down considerable since
24 they opened up this new--the new bypass which just opened up
ems
25 last week. That's all I have.
TER H- "[E 11r11HHHE
414
37
1 CHAIRMAN DUNBAR: Any other discussion?
2 COMMISSIONER CARLSON: Mr. McRae, all of that in the
3 red there from the Bliss property clear to Linn Grove is
4 already zoned Commercial or is some of that Industrial?
5 ME. MCRAE: --garbled--north aide.
6 COMMISSIONER CARLSON: It's Industrial, not Commercial?
MR. McRAE: In the county in five-acre pieces.
8 COMMISSIONER CARLSON: Some of that on the south
s side of 18th is also zoned Commercial, isn't it?
10 MR. McRAE: There is a business zone here in the
11 yellow. The yellow indicates business .
12 COMMISSIONER CARLSON: Oh, I see.
P1 13 MR. McPA!: There is business zoning along here, . which
14 is your implements and Western Hills and I don't know
15 whatever, contractors several along this area. This area is
16 zoned business and of course,
--unintelligible
17
. Well, you can see--
18 COMMISSIONER CARLSON: Out of this , -you have 20
19 residential, 60 commercial. although it doesn't add up to
20 what you have on the north side and the south side.
21 MR. McRAE: No, I realize that.
22
COMMISSIONER CARLSON: HOW many of those that axe
23 residential--
24 MR. McRAE: 58 commercial--garbled.
ze COMISS TONER CARLSON; How many of those that are
I I 414 38
1 residential have in-home businesses?
OS' 2 MR. McRAE What doyouu estimate? Two or three?
3 MR. BLISS: I think there are more than that,
4 probably about a half a dozen. There is one right next to me
5 that is on the east. They have an out-of-the-home business .
6 And then one right across the street, there is a plumbing
7 business. On the north, he is running a plumbing shop out of
8 his place. There is just quite a few home businesses being
e operated out of the residence and on up the street there is
10 a--garbled--works and fiber saws and -different things like
11 that. And you just find quite a few businesses that's along
12 there that 's not mentioned on this list, out-of-home
13 businesses. Like there is a beauty shop right next to my
14 property there, that's running a beauty shop out of there.
15 MR. McRAE: Probably generates more traffic
16 because of the hour-to-hour operation and continues year
17 round, but there again--if it's--
18 CHAIRMAN DUNBAR: Just a minute.
19 SPEAKER: Excuse me, sir, there -might be a bunch
20 of homes--
21 CHAIRMAN DUNBAR: Just a minute, we' ll take testimony
22 from you.
23 MS. NORTON: We can't your
g testimony on the
24 record unless you come up to the -microphone.
r
-2° CHAIRMAN DUNBAR: Are you finished? .All right, ma'am,
I l'I ' 39
1
you can come on up here and we can get it on the tape.
2 -MS. BEARER: All I want to say is it's true there are
3 a bunch, a little bunch of home businesses being run out of
4 back yards and things like that, but they are not bringing in
5 great big trucks.
6
CHAIRMAN DUNBAR: Would you give your name and
7
address.
8
MS. BEARER: Lorraine Bearer, 717 East 19th Street
Road and that' s--the main thing, one of the main things is the
10 children. You know, I don't know if Mr. Bliss has any kids ,
11 ,
you know, little guys or little girls that are going into
12 school, but it' s -a lot of children that walk on Balsam Avenue
13
/ and if you are up in a great big farm truck, you can't see
14 the little six-year-old walking down the street. And that's
15 one of the main concerns right now for all of us . And with
16 that new housing development
pmenC that just want in there,
17 -Wed, ewood q you can see more and more that after the trailer
18
-court goes and things like this, that are -going to put more
19 And more houses down in our area rather than going commercial.
20
CHAIRMAN DUNBA.R: Now, that's located' across the
21
street to the south, right?
99
MS. BEARER.: Yes, that's true, but I am saying, they
23
went to the thing of putting in brand new houses and you know
21 it's going to go from there more and more houses rather than
25 it's going to go commercial.
TIM I IN Tai I 1
F) 11I' 40
1 CHAIRMAN DUNBAR: Okay. Anyone like to make anythingl
2 TMS. -WYRICK: My name is Eileen Myrick and I live at
3 1930 Bas-swoon Avenue and I strongly a it. for many F oppose PP reasons
4 already mentioned and also, It's going to be an aye sore.
5 One of the first things I thought of with vegetables being
6
brought in is rodents . I know might in my own house, you
know, if you have a large ge warehouse, things are bound to
8 rot. And also, he said he has been farming in that area but
he did pickles this year and they were just all laying out
10 in the field and he really didn't work very hard at trying to
11 make anything out of what he got out there now. Thank you.
12 COMflISSIONER JACOBUCCI : Do you know why he didn't
13 harvest the pickles?
14 MS. WYRICK: I don't know but they are all laying
s' there.
1B COMMISSIONER JACOBUCCI : Did you see anyone working
17 out in the field?
18 MS. WYRICK: I saw some people out there a couple of
19 times.
20 CO?1MISSIDNER JACOBUCCI: Could it have been because
21 he couldn't any help?S p to you think?
22 MS. WYRICK.: Nobody else--garbled--I tight have gone
23 out and earn some help.
24 COMMISSIONER .TACODUCCI : Would that tend to kill
25 the desire to raise pickles or picking beans or something like
Fitt IF , I
41 IFIJ' 41
1 that is you can' t gnt them harvested?
2 ftS. WYRICK: That could be a prob1en, I suppose, -but
3 they are laying there, anyway.
4 CHAIRMAN DUNBAR: Okay. Anyone else who would like
5 to oppose?
6 MS. REED: I am Lynda Reed end I live at 1924 Basswood,
7 which is just south and east of Mr. Bliss 's property and one of
8 my main concerns would be the traffic. But also I'd like to
9 mention to each of you to strongly consider the petition that
to was prepared. 1 personally talked to over 30 families who
11 are strongly opposed to this. They do not all live on
12 East 18th Street, but they are strongly opposed and in very
13 close living area to the Elise and Bernhardt properties and
14 if we are really going to consider all the property owner-s ,
15 we need to look at the petitions and not just consider the few
16 people who are here today because a lot of people who are not
17 Able to leave their work and come and be represented in a
18 position in a situation like this. That's why we put the
1s petition before you and I hope that you will consider those
20 people who are -not here personally.
-21 CHAIRMAN DUNBAP: There' s a question I -would like to
22 ask the applicant. When you plan to build there, what all
-2'3 types of buildings will--
24 MR. BLISS: --garbled--interested mostly in
r
25 storage types , for potato storage. I have one out there on
IIIBI 1
42
1 8th Street. Anybody could look at it. If they think it's
2 an eye -sore , I'd like for them to go by it and look at it,
3 the whole layout. Another thing about rodents , they are
4 absolutely wrong there. We have to -meet to the Pure Food and
5 ])rug Law. We have inspectors that come by and -check -annually,
6
'regularly as -Ear as any -rodents , mice, rats or anything like
that, In our -business -we can' t have it. We've got a bigger
8 warehouse than what they 've y Rot a backyard. We have to have,
because we're monitored -and checked regularly for that. So _far
10 -as any -rodents or anything like that, that 's just completely
11 out of reason because our business just can't operate that
12
way. We're checked regularly.
13 CHAIRMAN DUNBAR: now -many -buildings would you plan
14 to build there?
15 MR. BLISS: I haven't -exactly---probably right
16 now, two or three in there. I just don' t really know yet,
17 but they' ll be nice, -modern--probably big metal, steel
18
buildings, If you -would like to look at one, there's one
19 out on 8th Street -that's a 'good exempla. If that's an eye
20 sore, why that's a fact that I -pertain I will put up,
21 similar to those.
22
CHAIRMAN DUNBAR, Okay, any questions? Any other
23
statements? Anyone else who would like to make a etatment?
24 I think since these are so compatible, so near identical, I
rek
2' think we'll take testimony on the Bernhardt also, so actually
�__ MUM M 'IHII 77. I
i fi l (QTR 43
1 would you have envthing to add to this testimony as relates
2 to the Change of Zoning, r-estate District to C-Commerci-al
3 ?istrict AS relates to Johnnie Bernhardt Docket No. 78-45?
4 COt'Ft.ISSIONER STtIN11ARK: Well, the Applicant bad
5 asked for them to be done separately, I would ask him if he
6 has a problem of our listening to the Bernhardt information and
7 then making decisions or would you prefer to have them taken
8 separately?
9 NS . NORTON: Separate votes are coiu6 to betaken,
10 it's just -a question--
11 CHAIRYAN TIUFt-BAR: Ye-s, we will be taking separate
12 Votes, yes . We 'Fion't vote--
13 1151. POW: You _can listen to the other. It -may
14 pertain -and it may toot. I will leave that up to your judgment
15 as to separate the unique _tif₹erences -of property in order to
16 evaluate them.
17 CO`T1ISSIONER JAC0BUCCI: There's a different use
18 projected for the south side, Isn't there?
19 MR. Mc1.AE: Yes, completely different and as I say
20 it's slightly different location. I don' t know 1f being on
21 the north side of 18th f'treet alleviat-es some of the fears
22 of the people to the south, you know, there' s other--
23 CHAIRMAN DUNVBAt: It would seem to me the objectors
24 are practically identical, I presume, sp I have no problem.
25 Whatever you woul4--the Board would like .
ill HAM T
T
44
C rtUSSIONE JACOBUCCI : Could you enlighten the Board
ODN 2 on what tho projected use is on the south side.
3 COMMISSIONER STEINMARK: Well, that's what we are
--
4 MR. McRAE: On the north side.
5 PLANNING COMMISSION REPRESENTATIVE.: Mr. Jacobucci,
6 the particular case we have been talking about, which is
7 the application of Mr. Bliss, is -the one on the south side
8 of 18th Street.
9 Cry"1lSSiOtIFR JACOBUCCI: Right.
10 PLANNI C COMMISSION REPRESENTATIVE: Adjacent to
11 Balsam. That's the one we have been discussing.'
12 COMUISSIONER JAC0MCCI : The south side?
13 SPPAKE : Yes.
14 CO**tISSIONER STEINMARZ: Well, if the Applicant
15 would not mind, I think that in order that we don't get
16 confused between the issues and the information and certainly
17 that we would not want to cause anyone particular problems,
18 perhaps we had better take them separately and just make the
lJ moti-on or whatever decision we want to make on the Bliss
20 property.
21 CHAIRMAN DUNBAR: All right, it will be open for
22 a motion, then.
23 CUMISSIONER STT:IN7ARK: Well, Mr. Chairman, I am
24 going to move that we not grant the Change of Zone for the
25
E-Estate District to C-Con.i ercial District for the re pons
�. r _ L . if I Mlf loll IT W M-If l� I I � _ . -- 1- ---
ii 45
1 included by the Planning Commission and certainly the fact
tealk 2 that the area is included in the future plans of the City
3 of Greeley and is not in conformance with their future plan
4 weighs neavily with ma. And that's why I would make the motion.
5 CHAIRMAN DUNBAR: Any second? Calling for a second.
6 COMMISSIONER JACOBUCCI: I guess I been laboring on
7 the impression that we are talking about the north side and
8 we are not.
9
MR. McRAE: It's the southwest corner of Balsam on
10 18th Street, on the south side of 18th Street. The City's
11 Comprehensive Plan calls for a business or commercial area here
12 and here and it calls for, I suppose, something lesser than
13 that in between. nut it's zoned Industrial, so it's quite
14 clear the Comprehensive Plan has got some reworking to be
15 done --unintelligible
16 CHAIRMAN DUNBAR: Okay, we are asking for a second.
17 COMMISSIONER JACOBUCCI: Second.
18 CHAIRMAN DUNBAR: Moved by June Steinmark, seconded
19 by Jacobucci not to grant the Change of Zone S-Estate District
20 to C-Commercial for the Docket No. 78-64 for Robert D. Bliss.
21 Would you poll the Commission, please.
22 CLERK OP THE BOARD: Norman Carlson.
23 COMMISSIONER CARLSON: No.
24 CLERK OF THE BOARD: Victor Jacobucci.
rk
25 COMMISSIONER JACOHUCCI: Aye.
1 ��IIT OJT
FUR fir-
I _ �lillll�ll��� lll�
I� (14, 46
1 CL 'T.! OF TUE BOARD: June Steinmark.
inmark.
elm4' 2 CO iISSIOt1ER STEIMARi : Yes .
3 CLERK: OF THE BOARD: Chairman, Ed Dunbar.
4 CHAIRMAN DUNBAR: No. Let the record show there is
5 two for the granting and two in opposition. Sounds like a
6 hung jury. County Attorney?
7 :2S . NORTON: I don't have a vote, I wu sorry.
8 CIIAIRYAN DUITBAR: Ile have a problem.
9 11S. NORTON: Yes .
10 CHAIRMAN DUNBAR: There is one abstention.
1I MS. NORTON: Right.
12 CHAIRMAN DUNBAR: So therefore, we divide the
ems 13 Board.
14 MS. NORTON: Hy impression is that under the Rules
15 of Parliamentary Procedure the motion has failed if
16 there is a tie vote. I assumeif the motion ware made in
17 the positive the result would be the same, that is . if
18 somebody moved to grant the change of zone, the result would
1!) be the same. So, offhand, I would say that that means the
20 zoning has not been granted. I ' ll have to look into it. I
21 don' t know.
CO*tMISSIONER STrIN?IARK: Would vs, then, table the
23 hearing so the County Attorney can rook into that?
24 CHAIP'tAN DUNBAR.: Yes , I think perhaps we need to do
rs
25 this. Trott]. •find out, in fact , if it is legally granted or
II1
47
1 denied.
2 "'r . TTORTr is !1rl.l , you know. I can't believe by what
3 has just happened, it can' t have been granted, because the motion
4 for denial failed. I don't think. 1 '1l have to look into it.
5 CHAIRMAN DUNBAR: (They, we'll now take the--
6 MS fORTON: 'hat I said is n don' t know what
7 happens now.
8 COMMISSIONER JACOB?1CCI : I would like to see a
9 count of the traffic on Bnlsira Bond, and I can't feature that
10 many trucks traveling down Balsam Roaad. I can see traffic
11 on 18th whore it' s going to have to be, but I wes wondering
12 if it wouldn't be practical to have a traffic count on Balsam
13 on probably either--on each side of 14th .
14 CHAIRMAN DUNBAR: *`ell, at this point in time,
15 Vic, we got A hung jury,
18 CO*'"TTSSIONER .TAC,OPYCCI : That 's right.
17 CHAIRMAN DUNBAR: So it has nothing to do with the
18 traffic count on. Balsam Avenue .
19 Cfl VtSSIONER .TACOB?TCCI : It may have . I think these
20 people are objecting primarily because of the added traffic
21 that's going to be on Balsam Road . I don't see that much
22 added traffic because of it, however. Then it would pertain
23 more or less to whether they get an entrance on 13th or
24 whether they get an entrance on Balsam..
ars
25 CftAlpvfl T?'JTIBAR : f cv, well, it' s difficult to
11 1 IIlTll IF- MI T I -
Il 1 IlUl�
48
1 resolve thit ri.roht new.
2 MifmP1SXt7r111P, STrT,fit ,' ! We had better go on to
3 Mr. Bernhardt's .
4 CIlA.7?uNI PTJ*'BAP : Yes , -by don't we no on to
5 tir. Pernhardt's Change of 7or.e frr_r,, r-r,state District to
6 C-Commerciil Pistri ct. Would the App1:ic. r.z wish to nape
7 testimony?
8 tn? '4c"A.1?: ferry 'd T'a' with McRae and Short
0 Engineering for. the Applicant, 1st. P.ernhardt. Mr. Bernhardt
10 owns a five-acre tract on the north side of 1Cth Street
11 separated by n five-acre tract on Palsam Avenue. lie has no
12 access or 7,11 ram im Avenue t1irat would quit his purposes at this
13 tine. Ile has in a. ;reer:c±nt to cone in to the hacl: portion
14 of his property for his farming use but the proposal that he
15 is reakinA is for---the reesnn for the request to change the
16 nonin7 frotr r-I state to C.-Commercial is so that he can
17 install--construct--a t'tidenst Storage type of facility on the
18 property and cor:sequentiy lei n access would be to East 18th
19 Street for just es a natter of corvenicnce and advertisement
20 and It would facilitate the whole thing, so his access in
21 Ernst 18th Strer:t. it is bordered on the east side by a
22 five-acre tract that is presently zoned I-Industrial in the
23 County. Agricultural zoning to the north. It's catercorner
24 to en industrial--another ten-acre tract nonrscl Industrial in
25 the county at this location here , Ttn intends to use his existing
r
it Fr 1f M1111 11111 1ll l _; _._ I r___
49
1 residence at that point to operate the facility. Here again,
2 setbacks have been reserved or allowed around the perimeter
3 of the property for expansion of East 18th Street and for a
4 possible future street to the north side of the property, same
5 as we have had on the south, if that long-range plan would
6 dictate such an east/west street.
7 Here, again, there are no immediate additional
8 strain on either the water or the sewer facilities in the
9 area. We feel that the request for fire protection is minimal
to because of the type of construction of the building and they are
11 separate and properly constructed to minimize that danger.
12 Here, again, it would probably generate a small pickup type
13 of traffic, occasional truck for storage in the larger units .
14 Basically pickup and car transportation in and out of the
15 storage units. However, this is on en intermittent basis
16 as it behooves or needs access to the stored item. I think
17 generally the basic comments made on the other pertain as to
18 the changing of conditions along East 18th Street, the City's
19 procedures and problems and zoning, Comprehensive Plan, are ell
20 applicable as we- stated before. I think we can just go to
21 specific questions if there are any.
22 CHAIRMAN DUNBAR: Is there another access off of
23 Balsam Avenue as it relates to the north entrance? It looked
24 like there was a tract there and we had an on-the-site
n
25 inspection also.
I {II]I
50
1 MR. McPAEI I 'll let Mr. Bernhardt tell you.
(''" 2 MR. BERNHARDT, I'm Johnnie Bernhardt, and I got
3 access, only a 15 foot wa ri ht-of- thro
ugh y the back to get
4 into that property. But for me with trying to run a
5 business and advertising, to be set in five acres ,
6 advertisements would be poor. They - would have to go up and
7 down north on Balsam to get back in there which wouldn't be
8 feasible at all for the type of business that I want. In
0 other words. just like this one man was saying, the trucks
10 loading off -of Balsam--he mentioned this property of
11 Hungenberg's that's zoned Industrial already. He says he
12 don't have semis already in there. He does, because I go
el% 13 around there all the time. He isn't built back far enough
14 off of Balsam right now that when he loads a semi, the tractor
15 sits out in the road. That much I know. Which is one of
16 these things, if Balsam is ever widened, why something is going
17 to have to be done, but there's just as--and like I said, I
18 have kind of made a thorough check through that area. In
19 other words, I was born and raised out in that country there
20 and come through there--and I know there hasn't been a new
21 house built from the cemetery on in in at least 15 to 18
23 years.
23 CHAIRMAN DUNBAR! How long have
you lived there?
24 MR. BERNHAPDTt Five years. And another thing now,
2'' like I said, now that man was saying -he could tell the traffic
C 1 i'L_ .l f 11 IT 1 nil m111 1 i__. T
51
1 from down there on 19th living on 18th. Well, I live on
ers.4 2 18th. I have to walk across the road to get my mail. I
3 guarantee it's a lot easier now than it was before.
4 CHAIRMAN DUNBAR: No, t was looking at Balsam Avenue
5 as a link from 16th more than anything.
6 COMMISSIONER JACOBUCCI: From 19th?
? CHAIRMAN DUNBAR: No, I mean 19th Street.
8 MR. BERNHARDT: No, it would be--
CHAIRMAN DUNBAR: Or I mean 16th Street.
10 MR. BERNHARDT: Yea , 16th -Street, because I am off
of the north side, but there is ten acres of Agricultural
12 zoned north of me down in 16th.
13 CHAIRMAN DUNBAR: Any questions of Mr. Bernhardt?
14 COMMISSIONER JACOBUCCI: Can you get entrance on
15 18th from the highway?
16 MR. BERNHARDT: Well, they told me if I give up one
17 of my other entrances I got--well, I got one that I can give
18 up. I have got one to the west side of our home was--is used
19 to go back into the property, back in behind, which I can
20 close. I wouldn't use it at all.
21 CHAIRMAN DUNBAR: What is that, 20 foot?
22
MR. BER!7HARDT: Yes , about that I would say.
23 CHAIRMAN DUNBAR: Okay, other
any questions? All
24 right, thank you. Anyone else who would like to speak in
25 favor of the application?
11 , dl>< IIIIIE mum
i, I
PP 52
1 MR. BERNHARDT: Excuse me, there is one more thing
2 I wanted to say. All right, these people argue the point.
3 Now, just this situation, our taxes on this land have went
4 up. I rent it out and I would not--the young lady there says
5 Bud Bliss's pickles didn't do nothing. Well, I rent mine
6 out. I had beans that made 43 bushels. I got one-third of
7 them. That $15 that barely paid the taxes . One year, $12,
8 it didn't pay the taxes. All right, and another thing is ,
9 it's zoned Estate. You cannot buy a water tap off of 18th or
10 there's no sewer. If I was to put this land up for sale to
11 build on, who would buy a piece of property and pay its actual
12 value without a water tap or sewer. Well, maybe they could
0..,, 13 put in a septic tank, but they couldn't get no water.
14 COMMISSIONER CARLSON; Where do you get for the house?
15 MR. BERNHARDT: Well, I've got one water tap.
16 COMMISSIONER CARLSON: One water tap and no more
17 taps available?
18 MR. BERNHARDT: No more water taps available. You
19 can't buy a grater tap off of that 18th Street at the
20 present time. And from what I have heard and talk, it's
21 going to be a lonr, time before we will ever get one out
22 there.
2`3 CHAIRMAN Dt1NBAR: Okay.
24 MR. BERNHARDT: So, like I say, this is just the
P1
25 way it--
I�r I 111 l LIT 111111 111111 1111111 1 r __
Iii.. I VIII
53
1 -CHAIRMAN DUNBAR: Anyone else that would like to
2 speak in favor of the application? Anyone who would like to
3 speak against the application, the granting of the
4 application?
5 MS. RIME: My name is Babette Rime, 574 East 18th
6 Street. Johnnie Bernhardt is to the north of us and Bud
7 Bliss is to the east of us. We purchased this acreage. We
8 have ten acres and we purchased it in March. And we purchased
it with never a mind of making a living on ten acres of land,
10 a pure luxury because we like horses . We have two girls who
11 love horses, and this is why we bought it. I am the one who
12 had the beauty salon in my back yard. I used the garage. I
/s*4 13 received permission. I did not change the looks of the area
14 one iota. It's basically a hobby for me. I worked at it for
15 years and I still want to he basically a mother, but I wish
16 to have a little something to do while my girls are at
17 school. Johnnie Bernhardt bought his because he told me that
18 he's a farmer at heart but be gave up farming. He liked to
19 irrigate those beans. He knew those beans would not make
20 money. I know that. I. lived on a farm all my life and it
21 is a pure luxury and the reason there are no new homes built
22 out there is because everybody in--garbled--acres like it,
23 as an acreage, because they have horses, cattle, whatever,
24 not because they like to have homes all around them. They
2' bought it because they like room to roam and the area.
li r lInn Milt T 1T ._ I T
I', I I )IIU
54
1 CHAIRMAN DUNBAR: I've got news for you, 5,000 acres
2 is a luxury, too, and it's hard to make it.
3 MS. KIME: Yes, okay. I'll agree with that. I'll
agree.
5 COMMISSIONER JACOBUCCI: Yes, it's true,
s CHAIRMAN MBAR: It's very sad. Anyone else who
7 would like to speak against granting of this application?
8 MR. BEARER: William Bearer, 717 East 19th Street
9 Road, Greeley, Colorado. Basically, I am not
q, going to take
10 much of your time. As you know, we all know sitting here, the
11 Arguments are bascially the same in both cases, a little bit
12 different in this case at which end you come in--garbled--of
13 the area as would the buildings on `2r. Bliss 's property in
14 regard to the type of zoning that is already present.
15 I think Mr. Bernhardt misunderstood me when 2 said
16 about the semis on Mr. fungenberg's property. He does have
17 semis and as I said, and tape can be wound was that I am not
18 sure that even his ingress and egress is correct for semis
19 onto 18th Street, Just to clear the record. Even off of Balsam
20 Avenue when he pulls them in, he has them parked facing south.
21 I have lived there long enough to see that also.
22 Into the matter of farming five acres to make a
23 living, five years ago you couldn't make a living off of five
24 acres . There is no way. A luxury is relative to whatyouur
25 income is, is all I can say in that regard. You know, it's
I IH _ I IIU IF if iII1I1 I IIIIII I 1
55
1 things that we like that we felt we worked for to get and have
2 to raise our family in such a manner that they would be proud
3 of not only us but we would be proud of ourselves and this
4 area now is zoned the way the people want it. That building on
5 18th Street, like I say, those people have had those, some of
6 them, for years and don't want to move out and will keep
7 them that way.
s In regard to businesses , there is quite a difference
0 between a business zoning and a commercial zoning. And again,
10 is, not so much what Mr. Bliss or 'fr. Bernhardt want to do
11 with their property, but in regard when they sell that
12 property, what other people will do. There are many, many
-/^ 13 industries that do not require lots of water, but still be
14 heavy industry, machine shops and the like, automotive,
15 tractor repair, anything of that nature can coma under that.
16 Fabrication--there's Just a myriad of things that can be done
17 in that regard that would change it. ' hank you.
18 CHAIRMAN DUNRAR: I'll agree with you. One little
19 statement. I think probably the County should have a break-
20 down of your Commercial zoning.. I am sure there is Agricultural
21 zoning, Commercial zoning, and have more of a breakdown.
22 I'll agree with you. Is there any other opponents that could
23 like to speak? Any rebuttal?
24 t . BERNLIARDT: Yes , this is Johnnie Bernhardt
25 again. like I said, it's--i'm kind of envying with industrial
Tr �. I� MI I 1111117lT 1
ql
46
1 areas on the northwest corner--to the east of. me. It's like I
P'` 2 said, like Bobbie said, there, we're good friends . I hope
3 we're neighbor-s so I always wanted to be friends with
4 neighbors; and, yens, there is lots of _differences in--garbled.
5 When you get older, you feel that you if you gat some land
6 that you can use to develop you some income for your older
7 age, why this is what you do. -our family is gone and
8 like I said, it isn't too many more years that I'll be Able
9 to work. I've got to do something with this land. In other
10 words, it's just--because it can't be a luxury to me just to
11 have that land there to look at. Thank you.
12 CHAIRMAN DU'NBAR: Okay, any other statements? any
es13 discus-sion?
14 COMMISSIONER CARLSON: Mr. Chairman, I move we approve
15 the Change of Zone from F Estate District to C-Commercial
16 and see if it goes the other way.
17 COHMTSSIONER JA.COBUCCI: Second it.
18 CHAIRMAN Dt1NBAR: Moved by Norman Carlson, -seconded
19 by Jacobucci to Approve the change of zone E-Estate District
20 to C-Commercial District for Johnnie Bernhardt of Greeley,
21 Colorado. Would you poll the Commission, please.
22 CLERK OF THE BOARD: Normal Carlson,
23 COMMISSIONER CARLSON: Yes.
24 CLERK OF THE BOARD: Victor Jacobucci.
25 CO`NISSIO*IER JACORUCCI: Aye.
E I 1 [Jr MUM
Di 57
1 arm or THE BOARD: June Steinmark.
2 CCPLMISSIONER STEINIIARK: No.
3 CLERK OF THE BOARD: Chairman, Ed Dunbar.
4 CHAIRMAN DUNBAR; Yes . Let the record -show the
5 permit--the change of zone passes on a three to one vote.
6 COMMISSIONER sTEItMAR1 : Mr. Chairman, in all
7 fairness, I would ask for an executive committee meeting
8 with--session with the County Attorney, because it seems to
5 no I can't find one iota difference between these two
10 applications ; and so, in all fairness, I think I'd like to have
11 an executive session.
12 CHAIRMAN DUNBAR: T would like to make another
13 little statement here. I think probably I would take a
14 different view of this entire application had it not been for
15 the number of commercial areas out there. It seems to me that
15 there is more down through the years, they have recognized it
17 as a commercial area and I guess that's the basis of my
18 opinion.
19 COMMISSIONER JACOBUCCI: I would like to say, there
20 is Industrial right alongside of Mr. Bernhardt. He has an
21 entrance and an exit onto 18th Street. I feel that it's
22 compatible with what's already there. I am still of. the
23 opinion I'd like to see a traffic count on Balsam Street. I
24 would like to see a different exit to Mr. Bliss's property
25 other than Balsam and I guess that explains why I feel they are
11 I h f UM HaTr MI -_
h Fl 58
1 two different pieces of property and t+r. Rernhardt's property
eh, 2 is a little different project. It's strictly light pickup
3 traffic or U-Haul trailer type of traffic. I don't think
4 it would involve large trucks. It could, but it would be
5 3/4 ton, somewhere around in there and I em still of the
6 opinion I'd like to see a traffic count on, especially south
7 of. 18th, on Baleen.
8 enrol?SIO!grR CARLSONt June, you called for an
9 executive session--
10 COKKISSIONER STrINMARZ: Well , after hearing Victor,
11 I guess I would withdraw my request and we will 'just wait for
12 the County Attorney's an to what stance we are in with
13 as far as Kr. Bliss's property is concerned.
fas
14 C'AIRMAN DUNBAR! Okay, is there any other
15 discussion? Any other comments? Any other business to come
16 before the Board? Yes , sir.
17 RflAT?R: I just wanted to make a point. I think
18 Mr. Jacobucci must have been misled to where in regards to
19 the property of rt. Bliss 's concern through our whole discussion.
20 Aside from that, the reasons of traffic pattern on 18th
21 Street is not the only reason we're stating as to the use of
22 that property in regards to the surrounding area. Two rights
23 or two wrongs don't make a right regardless of where Commerciaal
24 toning is, be it Commercial , Industrial zoning. It's being
25 farmed on that same street. Now, sure if we are going to do
E F !IL MEET M 1 Ell
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59
1 the Comprehensive Plan over and over again, then let's do it
et\ 2 before we make rulings on the use of those properties. Like
3 Mr. McRae suggested, if--garbled--in case of fact, they are
4 going to stay than from what they recommended, then we
5 should be voting upon that and not upon what the future will
6 bring.
7 CHAIRMAN DUNBAR! I guess another concern, the
8 Hungenbergs' produce company, that's a carrot place. I saw a
9 lot of carrots there this morning. That's been established
10 as a produce area.
11 MR. BEARER: That's right.
12 CHAIRMAN DUNBAR: Right to the adjoining, this property
13 to the east.
14 COMMISSIONER CARLSON: This is right across the
15 road.
16 CHAIRMAN DUNBAR: But still he signs the petition
17 in opposition to it. These are some of the things that I have
18 to take into consideration also, sir.
19 HS. NORTON: Mr. Chairman, would you like to--could
20 we have maybe some formal motion to table pending an opinion
21 from us or something a little more definitive as to what you
22 are doing on this first application.
23 COMMISSIONER CARLSON! I think another thing,
24 Mr. Jacobucci could have amended the motion to read eliminate
25 any excess on Balsam Street would have--
I I I II1 I IInf IH I 11 - ME ___ - 1' [ i 1.1- ,1
a 11i 60
MS. NORTON: Well--
2 COMMISSIONER STEINMARK: We aren't considering
3 access and all. We are considering only the change of zone
4 to commercial use and I would move that the decision or that
5 the matter of Robert Blies change of zone be tabled until we
6 can get a legal opinion from the County Attorney's office as
7 to the implications of the two to two vote on the motion
8 to deny.
9 MS. NORTON: I guess any one of the moving parties
10 could move to reconsider at anytime, but right now we don't
11 really know what the effect is the vote that you made today.
12 COMMISSIONER JACOBUCCI: I would make that motion
isN
13 if I had some idea what the traffic count is on Balsam and
14 where an exit and an entrance could be made on 18th Street,
15 but 1--
16 CHAIRMAN DUNBAR, Perhaps--
17 COMMISSIONER STEINMARKt I think there is a motion.
18 if you would ask for a second . for this.
19 CHAIRMAN DUNBAR: Do you have a second?
20 COMMISSIONER CARLSON: Yes.
21 CHAIRMAN DUNBAR: All right. State your motion
22 again.
23 COMMISSIONER STEINMARK: The motion was to table
24 the Robert Bliss matter until legal opinion from the County
25 Attorney's can be obtained as to the situation of the two to
II It III 1_. `.
61
1 two vote on the motion to dopy.
2 COMMISSIONER JACOBUCCI : Change of zone.
3 CHAIRMAN DUNBAR: Moved by June Steinmark, seconded
4 by Norman Carlson to table the decision on the Robert Bliss
5 Change of Tone E-Estate District to C-Commercial District
6 until such time as a legal opinion can be rendered on the two
7 to two vote. All in favor, say aye.
8 (Ayes voiced.)
s CHAIRMAN DUNBAR: Opposed? Okay, is there any
10 additional business to come before the Board? Hearing none,
11 I w1.11--
12 SPEAKER: I have a question. You were concerned
13 about Hungenberg's signature; did you think about the other
14 signatures?
15 CHAIRMAN DUNBAR: Yes, ma'am, I did. But the thing
16 of it is, they weren't all in the produce business and that's
17 why I was--
18 SPEAKER: Oh--
19 CHAIRMAN DUNBAR: Question this.
20 SPEAKER: Unintelligible totally against--
21 COMMISSIONER STEINMARK: All right, the matter--
22 SPEAKER: I am definitely
against it because--
23 COMMISSIONER STEINMARKt The matter has been tabled
24 and all the information has been given that we can take.
25 CHAIRMAN DUNBAR: I declare this hearing adjourned.
III f IIJJ 11.1 IIl I T. [1 _ I
RI
62
1 (Whereupon, the foregoing hearing is adjourned
2 on the 25th day of October, 1978 and again in session the
3 30th day of October, 1978.)
A CHAIRMAN DUNBA.R! We have a determination of the
5 Robert Bliss request for a change of zone E to C. We did
6 take action on this Wednesday: however, on the Bliss request,
7 there was a two to two tie on this. It was determined to
8 hold it over. We-- At that time Leonard Roe did abstain
s because of business in the area. So what is--bail us out.
10 Help bail us out. Kay, are we deadlocked two to two?
11 MS. NORTON! You're the ones that did the voting.
12 CHAIRMAN DUNBAR! Yes, I know and we expect you to
13 help us out, bail us out.
14 MS. NORTON! (Way, the current status of the applica-
15 tion with the two to two vote is that it would fail. You
16 must have an affirmative vote in order to grant the change
17 of vote. So if the motion, whether it was a positive or a
18 negative motion, if the motion fails, then the status quo
19 would remain the same. That is, the zoning would remain the
20 same. Since you have the opportunity to move and reconsider
21 the matter, if you wish to do so, I believe that that motion
22 would have to be made by one of the persons who voted against
23 the change of zone. If you do nothing else, then the change
24 of zone will fail with a tie vote.
25 CONMISSION!R CARLSON! Well, I would move that we
I� Ti l i it I III 1Fit' 1MI En T Th f
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63
1 reconsider the Robert Bliss request for change of zone from
2 E to C.
3 MS. NORTON: No, what I was saying is that it would
4 have to be one of the commissioners who had voted against the
5 change of zone.
6 COMMISSIONER CARLSON: I voted against it.
7 MS. NORTON: You voted against the motion. You
8 voted against denial.
0 COMMISSIONER CARLSON: Against denial.
10 MS. NORTON: So it would have to be someone who had
11 voted for denying it.
12 COMMISSIONER JACOBTJCCI : Well, I would so move that
esS 13 we reconsider it if they take care of the conditions that I
14 stated why I voted for my denial.
15 COMMISSIONER CARLSON: I don' t think we can put that
16 in the motion.
1z MS. NORTON: It would be simpler if you just move
18 to reconsider and then discuss.
19 COMMISSIONER JACOBUCCI: Okay, I would move that we
20 reconsider the situation concerning Mr. Bliss .
21 COMMISSIONER CARLSON: I would second it.
22 CHAIRMAN DUNBAR: Okay, it has been moved by
23 Jacobucci and seconded by Norman Carlson to reconsider the
24 change of zone E to C. Would you poll the Commission, please .
rs
25 CLERK OF THE BOARD: Norman Carlson.
I I III 0 II TT1
64
COMMISSIONER CARLSON: Yen .
O 2 CLERK OF THE BOARD! Victor Jacobucci .
3 COMMISSIONER JACOBUCCI : Aye.
4 CLERK OF THE BOARD! Leonard Roe.
5 COMMISSIONER ROE: tbstain.
6 CLERK OF THE BOARD: June Steinmark.
7 COMMISSIONER STFINHARK! No.
8 CLERK or THE BOARD! Chairman, Ed Dunbar.
9 CHAIRMAN DUNBAR: Yes . Let the record show it
10 does pass on three to one vote, the Bliss change of zone
request E to C.
12 MS. NORTON: All right, now if you wish to take
13 any additional evidence or discuss any particular points at
14 this time or set a time at which you wish to reconsider it,
15 that mould be appropriate.
16 COMMISSIONER STEIPRIARK! If we are going to take
17 additional information, then I believe that all the parties
18 involved who were here at the hearing would have to be
19 notified.
20 COMMISSIONER CARLSON: I don't know whether that is
21 necessary or not. May I ask a question in regards to making
22 a motion to approve, can only be in regards to the change
23 of zone?
21 MS. NORTON: Yen .
r
25 COMMISSIONER CARLSON: But can consideration be
Jl I [Iii I 111 J1I 1IIIIII Elf■ 11 �'
I ° I !p �s
1 included in that notion that they eliminate any egress or
2 ingress on Balsam Avenue?
3 MS. NORTON: You could make that a condition of the
4 rezonin
g, yes .
COttrtISSIONER CARLSON: Can you make that a condition?
6
MS. NORTON: Yes , the rule on conditions in zoning
7 is that reasonable conditions that are related to zoning matters
a are authorized. Contract zoning where the
grant of zone is
9 -conditioned upon the execution of some kind of contract with
10 the County to do something that's not related to the
11 rezoning is invalid, but a reasonable condition is authorized.
12 COMMISSIONER CARLSON: Why, I would make that motion,
0„, 13 then, that we approve the request for change of zone from E to C
14 with the consideration that they eliminate any egress,
15 ingress on Balsam Avenue.
16 COMMISSIONER JACOBt'CCI: And would you put in
17 there that they have it off of Highway 34.
18 COMMISSIONER CARLSON: Well, that's the only place
l9
they got.
20
CHAIRMAN DUNBAR: There's no other place.
21 COMMISSIONER JACOBUCCI : I would second that.
22
CHAIRMAN DUNBAR: Are you--is the motion, are you
23
saying to eliminate the egress and ingress on Balsam Avenue,
24 is that the motion?rs 25 MS. NORTON: The motion is to approve with that
1T� -- EIf1. a IT h I TI 11111101 HUT 1 Ill 1-T
I h SDP 66
1 condition.
2 COMMISSIONER CARLSON: Approve the change of. zone,
3 but consideration that they eliminate the egress and ingress
4 exits on Balsam Avenue. In other words , they'll have to come
5 off of 18th Street or 34 Business .
s CHAIRMAN DUNBAR: It has been moved by Norman
7 Carlson and seconded by Victor Jacohucci to make a condition
8 to the approval of the Bliss change of zone E to C to
eliminate egress and ingress on Balsas Avenue. Would you
10 poll the Commission, please.
11 CLERK OF THE BOARD: Norman Carlson.
12 COMMISSIONER CARLSON: Yes .
emS
13 cn'n or THE BOARD! Victor Jacohucci.
14 COMMISSIONER JACOBUCCI : Aye.
15 CLERK OF THE BOARD; Leonard Roe.
16 COMMISSIONER ROE: Abstain.
17 CLERK OF THE BOARD: June Steinmark.
18 COMMISSIONER STEIPMARK: No.
19 CLERK OP THE BOARD: Chairman, Ed Dunbar.
20 CHAIRMAN DUNBAR: Yes . Let the record show it does
21 pass on three to one. Any other discussion? Any questions?
22 Yes .
23 SPEAKER: If the property owners oppose this, what
24 can they do?
25 CHAIRMAN DUNBAR: Mr. David--Ms. Norton?
TIFF 1 If it Mtn II - - 1
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67
1 COUNTY ATTORNPY: Any action of this nature is
/iN 2 reviewable by the Court.
3 CHAIRMAN DUNBAR: Any other--
4 COMMISSIONER STEINTIARK: I think--is there a time
5 limit? I . think if there is, she should know.
6 COUNTY ATTORNEY: Yee, she should be advised that
there is a 30-day time limit with lodging an appeal of this r
8 nature.
6 SPEAKER: --Unintelligible----
10 cotmTY AflO1Wf: I would suggest that you see
one soon, certainly well before the 30-day period runs out,
12 because there is a 30-day period that is mandatory.
13 (Whereupon, the foregoing hearing is concluded on
14 the 30th day of October, 1978 .)
15
16
17 Thi4 is to certify that the foregoing proceedings
18 were transcribed from a tape recorder; and to the best of
19 my ability, I certify that the foregoing sixty-seven pages
20 is true and correct.
21
2'2 ///' (7 r. 74: .7 (
23
24
eN 25
i .. 1 f l ATINI J fly Il l JIM A I rI ._ I [ 1
41
NOTICE
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 be 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. 78-64 Robert D. Bliss
2109 Glenfair Road
Greeley, Colorado 80631
Date: October 25, 1978
Time: 2: 00 P.M.
Request: Change of Zone, E-Estate District to C-Commercial
District
LEGAL DESCRIPTION:
Lot 1 of the Southeast Quarter of the Southwest Quarter of Section 9 ,
Township 5 North, Range 65 West of the 6th Principal Meridian,
Weld County, Colorado, according to the subdivision of lands
by the Union Colony of Colorado.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Rita Jo Kummer, Deputy
DATED: September 18, 1978
PUBLISHED: September 21, 1978 and October 12 , 1978 in the F
Johnstown Breeze
i /
[ 11-117 IN Hill I111f-- 1111 111 T I1
October 25, 1978
I hereby certify that pursuant to a notice dated September 18, 1978,
duly published September 21, 1978 and October 12, 1978 in the Johnstown
Breeze, a public hearing was held on the request of Robert Bliss for a
Change of Zone from E-Estate District to C-Commercial District. This
request was recommended for denial by the Weld County Planning Commission.
Jerry McRae, Engineer for Mr. Bliss, presented the request. Testimony
was received from the audience in opposition to the granting of the
COZ. After all testimony and evidence was received, Commissioner
Steinmark made a motion to deny the Change of Zone for the reasons
listed by the Planning Commission and due to the fact that the request
is not in conformance with the desires and plans of the City of Greeley
for that area. Commissioner Jacobucci seconded the motion. The motion
was split with Commissioners Steinmark and Jacobucci voting for the
denial and Commissioner Carlson and Chairman Dunbar voting against the
motion. Commissioner Roe had disqualified himself prior to the beginning
of the hearing as he has an option on a piece of property in the
area of the COZ.
After deliberation as to the implications of the tie vote, Commissioner
Steinmark made a motion to table the decision on the COZ until the
County Attorney can provide a legal opinion on the implications of the
two to two vote on the motion to deny the COZ. Commissioner Carlson
seconded the motion and it carried unanimously by the four commissioners
present.
dhairman
Board of County Commissioners
Weld County, Colorado
/�
ATTEST: t�.Ua. v'., 1ti,a•Cjw,,, ,22-' liyv
Weld County Clerk and Recorder
and Clerk to the Board
By: e{-mac County
Deploy County Clerk
Docket #78-64
Tape 1178-144 & 145
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