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HomeMy WebLinkAbout780019.tiff jC WDp$ Recorded of ---nt,�UN 14 1978 825 Roc No. 1756731 ». Morn Ann Rwrrst in. Recorder RESOLUTION RE: GRANT OF CHANGE OF ZONE FROM A - AGRICULTURAL DISTRICT TO H - HIGH DENSITY RESIDENTIAL FOR EAST GREELEY LAND COMPANY 1212 8TH AVENUE, GREELEY, COLORADO 80631. WHEREAS , the Board of County Commissioners of Weld County, r-- u� Colorado, pursuant to Colorado statute and the Weld County Home ,f Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and C1 WHEREAS , a public hearing was held on the 3rd day of May, O 1978 at 2 : 00 o 'clock p.m. for the purpose of hearing the petition of East Greeley Land Company, 1212 8th Avenue, Greeley, Colorado CD -vr 80631, requesting a change of zone from A-Agricultural District 1-5 to H-High Density Residential for the following described parcel of land, to-wit: Beginning at the Southwest Corner of Section 10, Township 5 North, Range 66 West and considering the South line of the Southwest Quarter (SWa) of said Section 10 to bear North 88°08'30" East with all bearings contained herein relative thereto. Thence North 61°53' 04" East, 113.02 feet; Thence North 46°05'43" West, 69.71 feet; Thence North 00°20'38" West, 1,087.48 feet to the True Point of Beginning. Thence North 00°20'38" West, 135.00 feet; Thence North 89°39'22" East, 450.00 feet. Thence South 00°20'38" East, 26.47 feet. Thence North 89°39'22" East, 203.72 feet. Thence South 76°45'42" East, 650.00 feet. Thence South 13°14'18" West, 125.00 feet. Thence North 76°45'42" West, 662.38 fact. Thence North 83°33'10" West, 85.14 feet along the chord of a circle. Thence South 89°39'22" West, 527.79 feet to the True Point of Beginning containing 3.743 acres. WHEREAS , representatives of the petitioner were present and presented evidence on its behalf, and WHEREAS, there was no opposition to the request of the petitioner for a change of zone upon the aforementioned tract of land, and WHEREAS, Section 8 . 2 and 8 . 3 of the Weld County Zoning Resolution authorizes the Board of County Commissioners to grant a change 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 780019 00- 835 175(1934 of the petitioner and the recommendations of the Weld County Planning Commission, and having been fully informed and satisfied that the request for rezoning complies with the Weld County Compre- hensive Plan and the conditions set out in Section 8. 2 and 8. 3 of the Weld County Zoning Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the petition of East Greeley Land Company for a change of zone from A-Agricultural to H-High Density Residential on the above described tract of land, be and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated March 21, 1978 , be and hereby are, incorporated as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 3rd day of May, A.D. , 1978 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO } t a 1 , / //. s.% %D , . t t„,„,„, t ill ATTEST: d Weld County Clerk and Recorder ax Clerk to the rd B,y: r0 , ~.,,,kilt& ) _)_J6--(- -J-- Deputy County Clerk APbi � OV,ED AS TO FORM \ N\ 7r te 0 i(* C/ County Attorney Date Presented: May 8 , 1978 BEFORE T WELD COUNTY, COLORADO PLANNING MISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date March 21 . 1978 Case No. Z# 301:78 : 5 • APPLICATION OF East Greeley Land Company • ADDRESS c/o Scott Realty Com an 12 80631 Moved by Frank S uckia that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for rezoning from A ( Agricultural District) to H (High Density Resid .District) covering Oil following described property in Weld County, Colorado, to-wit: See attached be recommend (favorably) (1l£l(61C.W ) to the Board of County Commissioners for the following reasons: 1 . It is the opinion of the Planning Commission that the applicant has complied with Section 8. 3 of the Weld County Zoning Resolution which states : "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary . Recent findings and oral statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification . Without the presentation of such supporting documentation , the County Planning Commission should not recommend a change of zoning. " It is the opinion of the Planning Commission that the applicant has demonstrated that changing conditions in the area now justify a new zoning class- ification . This determination is based, in part , on the fact that Motion seconded by: Irma White _ Vote: For Passage Percy Hiatt Against Passage Frank Suckla Chuck Carlson Marge Yost Irma White Bette Kountz The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shirley A. Phillips , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on March 21. 1978 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 22 day of March , 19 78 • STAY F OL RADO 55. COUNTY OF WELD Filed with co Commissioners of the Board \ • of County Commissioners MAR 231978 Sec etary �! /I:/6" A>� CO NIX EERK AND RECORDER BY Deputy East Greeley Land Company Z-299: 78 : 3, Z-300: 78: 4 , Z-301 : 78 : 5 ; Z-302 :78 :6 P .C. RECOMMENDATION March 21, 1978 since the approval of the original county zoning in May , 1962 , for this property and two subsequent zone changes in June and December, 1968, conditions in the area have changed and will continue to change as the City of Greeley ' s growth pattern continues in a westerly direction toward this property . Sub- stantial developments which have occurred in the immediate area include Aims Community College located to the east of this property and more recently construction has begun on the Greeley Sports Center building directly south of this property. 2. The rezoning agrees with the policies contained within the Weld County Comprehensive Plan in that the request is in com- pliance with the City of Greeley' s Comprehensive Plan . 3. The City of Greeley Planning Commission has indicated they have no objections to the proposed rezoning requests . The City anticipates annexation of the area as soon as it becomes eligible following the annexation of Aims Community College. 4. The Weld County Engineering Department has indicated there are no engineering problems anticipated with this request . 5. The Weld County Health Department has indicated they have no problems with this request if the applicant complies with the stipulations as indicated in their letter dated March 8, 1978. 6 . The Western Hills Fire Protection District indicated they have no objections to this request . Comment : To date , our office has not received any opposition to this request from any of the surrounding property owners . Beginning at the Southwest Corner of Section 10 , Township 5 North, Range 66 West and considering the: South line of the Southwest Quarter (SW ) of said Section 10 to bear No h 88° 08 ' 30" East with all bearings contained herein relative therefo . Thence North 61 ° 53 ' 04" East, 113 . 02 feet ; Thence North 46° 05 ' 43" West, 69 . 71 feet ; Thence North 00° 20 ' 38" West, 1 , 087 .48 feet to the True Point of Beginning, /47 Thence North 00° 20 ' 38" West, 135 . 00 feet . Li Thence North 89° 39 ' 22" East, 450 . 00 feet . ai Thence South 00° 20 ' 38" East, 26 .47 feet . Am Thence North 89° x' 22" East, 203 . 72 feet . Thence South 76° 45 42 " East, 659 . 00 feet. Thence :south 13° 14 ' 18" nest, 125 . 00 feet . Thence North 76° 45 ' 42" West, 662 .38 feet . Thence :;orth 83° 33 ' 10" West, 85 .14 feet along the chord of a circle : Thence South 89° 35 ' 22" West. 527 . 79 feet to the True Point of eginning containing 3 . 743 acres . Hello