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HomeMy WebLinkAbout760010.tiff cr K. '780 Recorded at ...__L/. _. o'clock _ .„DEC 27 197` 7f10 RESOLUTION Rea. No. . . Mary Ann Feuerstein, Recorder WHEREAS, a public hearing was held on January 12, 1976, in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing the petition of Clarence Evers and Vivian Evers, husband and wife, 1203 Princeton Court, Longmont, Colorado, requesting a change of zone from "A" Agricultural District to "C" Commercial District, and WHEREAS, the petitioners were present, and WHEREAS, there was no opposition to the change of zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, and WHEREAS, the Board of County Commissioners has studied the request of the petitioners and studied the recommendations of the Weld County Planning Commission as submitted, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, that the petition of Clarence Evers and Vivian Evers, husband and wife, 1203 Princeton Court, Longmont, Colorado, for change of zone from "A" Agricultural District to "C" Commercial District, said area being more particularly described as follows: That portion of land located in Southeast Quarter (SE+) of Section 3, Township 2 North, Range 68 West of the 6th P. M. , described as follows: Beginning at the South- east corner of said Section 3, thence South 89°31 ' West a distance of 499. 0 feet to a point; thence North 41°48' East a distance of 41 , 25 feet to a point; thence South 89°34'30" West along the present North right of way line of Colorado Highway #119 a distance of 108. 0 feet to true point of beginning; thence North 01°31 ' East a distance of 632. 5 feet to a point; thence South 89°31 ' West a distance of 345 feet to a point; thence South 01°31 ' East a distance of 632, 5 feet to a point on the North right of way of Colorado Highway #119; thence Easterly along said right of way 345 feet to a point of beginning. Containing 5 acres, more or less, and is hereby granted under the conditions following: 1. That any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. All applicable subdivision regulations and zoning regulations shall be followed and complied with in accordance with the zoning resolutions of Weld County, Colorado. 3. Subject to reservation of right of way for a future frontage road and setback requirements that meet State Highway Department specifications for noise/air pollution abatement, drainage, and so forth. 4. Subject to provision that no construction will begin on subject property until adequate information is received by the Weld County Planning PL0122 p ) zZ 16a0 10 785 - 1,7C'70lir Commission concerning flood hazard potential of the site and evaluation of any necessary flood proofing measures. 5. That said change of zone herein granted is conditional only for a period of twelve (12) months from date hereof, on condition that developer proceed with due diligence to begin development of the area rezoned and submit plans for such development for the approval of the Weld County Plan- ning Commission within six (6) months from date hereof as required by Section 8. 4 of the Weld County Zoning Resolution; and that major construction shall commence thereof within said twelve (12) month period; otherwise, the County may take action to rezone the property to its present classification. Dated this 14th day of January, A. D. , 1976. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO .. GLa'CA-LS /l 1,'iZe 1' , , ( t c . r (i'. , /X 7 ilk/ i k. ATTEST 2- `=-r � Weld e®unty Clerk and Recorder ,,, and Cl*k to the Board B`-- E I� .L v,..l. t--( , , i J.J.I-, I Deputy CO-linty Clerk AtPPROVEP AS TO"-.OFLM:--...--------- - . \ ' // /Special Legal Counsel -2- RECEIPT FOR CERTIFIED MAIL-300 (plus postage) ' SENT TO POSTMARK Clarence & Vivian Evers OR DATE STREET AND NO. CD 00 1203 Princeton Court 0Q P.O., STATE AND ZIP CODE 00 Longmont, skolo. 501 OPTIONAL SERVICES FOR ADDITIONAL FEES 1/14/76 OD RETURN t. Shows to whom and date delivered 154 RECEIPT With delivery to addressee only 654 SERVICES 2. Shows to whim,date and where dell .. 354 With delivery to addressee only 854 _ DELIVER TO ADDRESSEE ONLY _ _5.04 0 SPECIAL DELIVERY (extra fee re ire.* Z PS Form NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL *GPO;1972 O-seo-t49 e61121% 7, / re((S- // "/"( r& 't /VI«f Cam ? w iiSENDER: Complete items 5,2.and). I. Add your address in the "RETURN TO" space on reverm. * 1. The following service is requested (check one). 2- in.Show to whom and date delivered 15/ ❑ Show to whom, date, & address of delivery.. 350 9 O RESTRICTED DELIVERY. Show to whom and date delivered............. 654 o RESTRICTED DELIVERY. Show to whom,date,and address of delivery 85* 2. ARTICLE ADDRESSED TO: I Clarence & Vivian Evers 1203 Princeton Ct. Longmont, Colo. 80501 3. ARTICLE DESCRIPTION: . REGISTERED NO. CERTIFIED NO. INSURED NO. 83230 (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE ❑ Addressee 0 Authorized agent IH>p-A4/71,01-47-€1-ea i CV s PO daN - s88 5. ADDRESS (Complete only If rag sated) 1s 6. UNABLE TO DELIVER BECAUSE: 'IS CLE Lft ✓ {r Geo:19]5-O-568-047 Res. 1/14/76 January 12 , 1976 I hereby certify that pursuant to a notice dated December 10, 1975, duly published December 12, 1975 and January 2, 1976, in the Greeley Journal, a public hear- ing was held on a Change of Zone, A (Agricultural) to C-UD (Commercial Unit Development) as requested by Clar- ence and Vivian Evers, at the time and place so specified in said notice. Following much discussion, a motion was made by Commissioner Carlson, seconded by Commissioner Steinmark, to approve the request. Motion carried un- animously. All five commissioners were present. CHAIRMAN BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: COUNTY CLERK AND RECORbER AND CLERK TO THE BOARD BY : /t�-na. Ddauty County Clerk Tape #76-5 & 6 4 / /t? r A T '. N D A N C '. R E C O R ._ Appiicant :Clarence & Vivian Evers 'Lime ; 10: 00 A.M. Docket 76-2 Date : January 12, 1976 Request ; Change of Zone, A to C • • NAME ADDRESS 7p.,,,, , NOTICE ' paeY the ant to e zoning laws of the State of CsldiW o,a public hearing will beheld in // 7 tMQNllle of the Board of County Commis- (/ i/� I —cicy eiOnefept WeW County, Colorado, 1518 t Hoapnai Road,Greeley,Colorado,at the umflrisWteced d Id.All pereonw.in any manner inteteM to the following proposed Ohengpss d Zgne are reque�ted'to attend antl I ba heard. BE. ALSO-d by th county.Planning Nzoning 'Conmthalon mayoe exartllnedlnmeOffice Pursuant to the laws of the Slala of BIel:Bparq of d,Gre Commissionrs, of Colaiso,a.Board of will beheMM 1518 Hwprlal Road,Greeley,Colorado. the Ors oftheBoardofCountyCommis- alonert P,Wtlek1 Calmly C Colorado, 1516 ,Docket No.76-2 time Greeersona l oraedtlo,at the Clarence Evers and Vivian Evers tines ed.Ail persona In shy manner 1203 Princeton Court 1rtare� In the following proposed tAngmont,'C,oloredolorado 80501 Change Zone are requested to attend Time:ime_Janueq A.M. 1976 aM pL O rn. e01 10:00 M. - BE KNOWNlt:ea that the text and Regret:)to C of Zone, A (Atrict)lima- mope by eMe xamined my Planning. tural Wstrict)to C(Commercial District) C n may be examined in the Office' - ' of Ns rd•ofd,Grin'Commissioners, Tintarter(portion of land located inSouth- 1516 fll0pltal ROW,Greeley,Colorado. east,Quarter(SE'%)of Section 3,Township 2,North,Range 66 West of the 6th P.M., Docket No.76-2 described,as follows: Beginning at the fence Evers and Vivian Evers Sout 8P31ornest a Section 3,thence 1103 Princeton Court South p 99131'West a distance of 499.00 feet WtgmotA Colorado 80501 to a point;thence North 41048'East a Ms- Date ilanuavy 12,1976 tango of 41.25 feat to a point; thence S TIonital0:W .M A . 89°34'$0" West along the present North ga�Wl: Change of Zone,A bhgric - riohtdl Way line of Colorado Highway No. • WS W )to 124(CpmmeraMl District) 119 a distance of 106.0 feet to true point of beginn)n'g;thence North 01°31'East4 dIs- TIW'Qtrliott Of rend facetedIn South, lance ofit324 feet to a point; thence S ar, (0E1kof Sad6on9,Township 89031'WWesta AAisnnceof 345 feet to a point, 00 gent of gas 6th P.M., pointthane-6401031'Eastahiright o way 5 feet lia•N dat 'eeeuMmo st the, to a point on the North right of way of Col- caMeeoT r' at4 Mande orado Highway No. 119; thence Easterly Viet i0 .0SdI beginning. lightaiway345,feet to a point of it resit 1NC$eMadW begiM1nnning Containing 5 acres moreor less ilk JE so is pgn111tn�8 not zbned commercial by Resolution of the WTaM MOM Na pUant Nora Wald'County Board of County Commie- nos at tr000 sal m p _ar stoners on Yovember 23;1966 _-. Will 01,eMtgtlkso I'Sesstpadlt THE BOARD OF , two , Bieet to a 6101M;PROT 8 COUNTY COMMISSIONERS 69'71' adistsnceof 345 feettoepoint, ' 'WELD COUNTY,COLORADO thenc.Bol°31'Ent a diatanceof632.5 feet r to a point on the North right of way of Cal- BY:S.LEE SHEHEE,JR. orado Highway No. 119; thence Easterly COUNTY CLERK AND RECORDER along acid right of way 345 feet to a point of • AND CLERK TO THE BOARD beginning.Containing 5 acres,moreor less not zoned commercial by Resolution of the BY:JEANNE LOU HEIMBUCK,DEPUTY Weld County,Board of County Commis- sioners on November 23,1966. Dated:December 10,1975 Published:December 12,1975 and January- fl OOF 2,1978 4,i ( t191ajrP _ iRS Published in The Greeley Journal '�{er LSD �� Ba.. CDU TY ERK AND RECORDER AND CLERK TO THE BOARD BY:JEANNE LOU HEIMBUCK,DEPUTY i Dated:December 10.1975 Published:December 12.1975 and January 2,1976 Published in The Greeley Journal HEAR I NGS DATE: January 12 , 1975 6 TAPE )1/: 1 /� W '--? \.- . DOCKET #: 76-2 PETITIONERS NAIVE: Clarence & Vivian Evers DATE FIRST HEARD: 1/12/76 PETITIONERS ADDRESS: 1203 Princeton Court Longmont, CO 80501 REPRESENTED BY: REQUEST: CO Z, A to C (Change of Zone) or (Land Use Permit) LEGAL DESCRIPTION: R68 T2 S3 SE 1/4 1 SPOKESMAN: For: /; .. if, e_ . (ilpett ,e . _ f if / I 2 �! Against:` _''f /-. i,'•b 'f (% [ t ' r - 1 . - ; ./ -,. / . „, • . . , " ACTION TAKE-.N: J CIA ri. - (Conditions) '�ktr.r ` j C' • • • j c,.. .:c._ 1 , l.O..O1,_“..J THE BOARD OF COUNT` 'OMMISSIONERS WELD COUNTY, COLORS. December 12 , 1975 Publisher: Please insert the enclosed notice in your issue the week of December 29, 1975 one time only. Regarding payment, complete the enclosed voucher and forward it to us. When returning the voucher, please include an affidavit of publication so we may complete our files. Thank you for your cooperation. , Sincerely, Docket #76-2 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY : -S. Lee Shehee,/Jr.. County Clerk and Recorder and Clerk to the Board BYE �- witi ,',C z.�atil Deputy County Clerk 6 RECEIPT FOR CERTIFIED MAIL-304+ (plus postage) SENT TO POSTMARK ' Longmont Times Call OR DATE ‘1' STREET AND NO. Imo- Box 299 CD P.O., STATE AND ZIP CODE pp Longmont, CO 80501 12/12/75 CO OPTIONAL SERVICES FOR ADDITIONAL FEES '°' ,'e-5 y rr'v ' "' k r t. :.' RETURN ' 1. Shows to whom and date delivered 150 "` 'N • T a>'�' N'+hh=^'�'r.' x'"`'AyF zKC Ma �...; N RECEIPT With delivery to addressee only 15d , ti ro- y,S fi m� ' � r ;� 1s!t T. Shows to whom,date and where delivered.. 35 ti zt-.--r e ,,N •w a a ,+">•;Nn"`$ "wr' °•r° SERVICES With delivery to addressee only 854_ e DELIVER TO ADDRESSEE ONLY O SPECIAL DELIVERY 50d _ qr (e#ro fee required) '—"- Z PS Form 3800 ND INS--- Apr. 1971 NO AA w T- . • e: .T C 9 b m m u•�� U NO, —...L p LI Y 9 'I rl m o0 q, x. .?^# y . 1 i C S9 7 g w ? �"' y U 00 = iM yC� W _ Ssrf-ss+eY^�`a ,:r+tv't..N`.`.`;�, Y'�' .: .4p ' w W p s v r"+ "a•-• J )sds•,?";':, 1 EE9ll gg Q A ooQ ~ c©j= o�D ' 0 yg S S Ap� v7 D H D N '�° *tut' y W .S�.r3i'.aa,"P.4,,,,x,,^ "�. .✓�" }e ; .g g g 0 o ,g 3 O O rn OE i .� ID tA`. S.r4:' w"., i maw- 2 a W i N bl N � W apw�'U W 8 ,j : 1� alwlaa* pg 'v�lre VJ LG VJ P4 r/ D C, X C'W W 3 G im -,, • Pi m C H m � ei vi PS Form 3311, lee. 1975 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of the Board of County Commissioners of Weld County, Colorado, 1516 Hospital Road, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may he examined in the Office of the Board of County Commissioners, 1516 Hospital Road, Greeley, Colorado. Docket No. 76-2 Clarence Evers and Vivian Evers 1203 Princeton Court Longmont, Colorado 80501 Date: January 12, 1976 Time: 10: 00 A.M. Request: Change of Zone, A (Agricultural District) to C (Commercial District) Approximately 5 miles West and 3/4 mile East of Mead, - Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S . LEE SHEHEE, JR. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeannette Ordway, Deputy Dated: December 10, 1975 NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of the Board of County Commissioners of Weld County, Colorado, 1516 Hospital Road, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may he examined in the Office of the Board of County Commissioners, 1516 Hospital Road, Greeley, Colorado. Docket No. 76-2 Clarence Evers and Vivian Evers • 1203 Princeton Court Longmont, Colorado 80501 Date: January 12, 1976 Time: 10 : 00 A.M. Request: Change of Zone, A (Agricultural District) to C (Commercial District) That portion of land located in Southeast Quarter (SEa) of Section 3, Township 2 North, Range 68 West of the 6th P.M. , described as follows: Beginning at the South- east corner of said Section 3, thence South 89°31 ' West a distance of 499 . 0 feet to a point; thence North 41°48 ' East a distance of 41 . 25 feet to a point; thence S 89°34 ' 30" West along the present North right of way line of Colorado Highway #119 a distance of 108 . 0 feet to true point of P beginning; thence North 01°31 ' East a distance of 632 . 5 feet to a point; thence S 89°31 ' West a distance of 345 • feet to a point, thence S 01°31' East a distance of 632 . 5 feet to a point on the North right of way of Colorado Highway #119; thence Easterly along said right of way 345 feet to a point of beginning. Containing 5 acres , more or less- not zoned commercial by Resolution of the Weld County Board of County Commissioners on November 23 , 1966. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S. LEE SHEHEE, JR. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeanne Lou Heimbuck, Deputy Dated: December 10, 1975 Published: December 12 , 1975 and January 2, 1976 in the Greeley Journal Affidavit of Publication STATE OF COLORADO, 1 Iss. County of Weld, I Richard L. Tatman I, of said County of Weld, being duly sworn, say that I am one of the publishers of THE GREELEY JOURNAL that the same is a weekly newspaper of general cir- culation, published in the city of Greeley, in said county and state, that the notice or advertisement, of which the annexed is a true copy, has been pub- tW0 lished in said weekly newspaper for consecutive weeks; that the notice was published in the regular and entire issue of every number of said newspaper during the period of time of publication • f of said notice, and in the newspaper proper and not Punneetto IWOttm/Ie eofWsB W in a supplement thereof;that the first publication of ISIS S in said notice was contained in the issue of said news- 0:Wthe: 12th ^ Mrs{ paper bearing date the day of 51 Weid December 75 00 44 ,A.O. 19 ; and the last publication thereof in the issue of said adp. 2nd iwd ; ""' newspaper bearing date the day of ni Yra � hvr January 76 It 1 t° "t -----------------------------------------, 19 ; that the said "` The Greeley Journal has been published continu- df ,.5A�pptica. ously and uninterruptedly during the period of at )to,C coenmrt District) least fifty-two consecutive weeks next prior to the. first issue thereof containing said notice or adver- 'of land located In South' ' tisement above referred.to' at said newspaper has east. (S, `West oon Township th P. 2, OS West 0pf the g' 5thbeen admitted United ns mails as Act of A '$' 'at the class matter under the menu' ions of the Act of aNnce March 3,w apex s any amen meet thereof,and 40re die- said newspaper is a weekly ewspaper duly IRA ..,21ibe e - E die- for publishing legal a and a• tat a is pp�j�X"q 5 inithe meaning of he s of 42ate of olortlaV" 11 Vt SAM HC tedleNpcs�S :toles f of One the ub n the CI� _ y H0t Subscribed and sworn to before me this tolW of I fain 5 pp of \1I f/� n $oP Ceu coons- day of J --4L-LLla''tom{ -1 ' r MIS, �pQppyu(H�77Y THe� of ee,, My Commission expires Dec. 5, 1978 YIEI.D'WUNTY EE My commission expir s it Dtplic TO THE BOARD 61 `-1.:45/t-1 L. 4x ,n.:- Notar Public. ay:JEN1RE Lou HEIN811GE OEPNY' December 10,1975 DRNnte.12,1ti79 end JeI)jMry. Published in The Grassy Janata n J AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder ) ss hclet do NOTICE solemnly swear that the LONGMONT DAILY TIMES-CALL is a I Pursue '•laws of the State of.Colora- rl g will be bald In the ' 0 of County-if daily newspaper printed, in whole or in part, and published in I Commiss--. , Ie. ��6C�ounty,. the City of Longmont, County of Boulder, State of Colorado, and °' v me art In the if tweeted Zone are which has general circulation therein and in parts of Boulder and _ •` of are a ... ,,..., e t hear.• D' 'e text anet :, in Weld Counties; that said newspaper has been continuously and un- lesion nt ee.. , ,,Plenth • a of the; d of C- Co interruptedly published for a period of more than six months next one s,1516 pltal R. ua reeve,? prior to the first publication of the annexed legal notice of advertise- rent -'sand V v v •;.1203 PtInce ment, that said newspaper has been admitted to the United States Da, anuery 1 ont,Color TI 0:00 A. `�i•S' mails as second-class matter under the provisions of the Act of IRe Chang C ,A1pis to .,, March 3, 1879, or any amendments thereof, and that said newspaper mire' t o rm ano. THE BO is a daily newspaper duly qualified for publishing legal notices and CO et. ;T^vMIS61COL, 'o E SHEHEE, R. advertisements within the meaning of the laws of the State of Colorado; -- toRECOot� O THE SOS ay,Deputy that copies of each number of said newspaper, in which said notice Pilau= l2. Times-ceu, LongmaHa So on Dec.T;In. or advertisement was published, were transmitted by mail or carrier to each of the subscribers of said newspaper, according to the accus- tomed mode of business in this office. That the annexed legal notice or advertisement was published in the regular and entire editions of said daily newspaper c9neexgg&hx xs okx otixthe)tafiexclay fR Katli Wedcxfor the period of consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated SCSIR.5 2 [ 19 ' , and that the last publication of said notice was in the issue of said newspaper dated % e c c rn`u e r L 197 In witness whereof I have hereunto set my hand this /I."t Fi day of sec 11 19� (L .I . . l Business Manager Subscribed and sworn to before me this 2:i L 1' day of [cr51/ 19 �I, My Commission rzxpires Apr. 9,1977 My Commission Expires :j Notary Public FEE $ • I-2 Adm. 213 DATE: Dece' her 4 , 1975 TO : The board of County Commissioar2rs Weld County , Colorado • FROM: Clerk to the Board Office Commissioners : If you have no objections , we have tentatively set the following hearing for the 12th of January, 1976 , 10 : 00 :A.M. John and Flora Zimbelman, SUP • Clarence and Vivian Evers, COZ • • OFFICE OF TEE CLERK TO THE BOARD BY : (//) Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above : BOARD OF COUNTY CONNISSIONERS WE D COUNTY , COLORADO • BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . Z-267 Date 12/3/1975 APPLICATION OF Clarence and Vivian Evers ADDRESS 1203 Princeton Court, Longmont, Colorado 80501 Moved by Chuck Carlson that the following resolution be introduced for passage by the Weld County Planning Commission : Be it Resolved by the Weld County Planning Commission that the application for rezoning from A {�grirultura District ) to C ( Commercial District ) covering the following described property in Weld County , Colorado , to- wit : see attached be recommended ( favorably ) ( StRixvi*RthckA to the Board of County Commissioners for the following reasons : 1 ) The original commercial zoning of the contiguous property to the east and a portion of this parcel did not conform to the property lines at the time of rezoning; 2) the proposed change of zone is compatible with surrounding zoning which is all commercial ; and 3) the proposed change of zone would not affect the commercial value of any gravel deposits because of the small acreage involved and all surrounding zoning prohibits mineral extraction. SUBJECT TO: eservation of right-of-way for a fut .e frontage road and setback require ents that meet State Highway Dep tm specifications for noise/air pollution abate- ment, drainage, etc. ; o construction until adequate information is re- ceived by the Planni ommission concerning flood hazard potential of the I site and evaluation o cessary flood proofing measures. Structures --t"-` - shall be flood ` ed if det rmined to be in the one hundred year flood —.. plain; and 3) nal site pin'being presented within six months of date of Motion second . by 1P (Continued. . . ) Vote : For assage John Weigand Against Passages II ,₹f Marge Yost - et per cnrnn: _ Harry Ashley ' J. Ben Nix _ Chuck Carlson The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings'. That portion of land located in Southeast Quarter (SEa) of Section 3, T2N, R68 West of the 6th P.M. , described as follows: Beginning at the Southeast corner of said Sec. 3, thence South 89°31 ' West a distance of 499.0 feet to a point; thence North 41°48' East a distance of 41 .25 feet to a point; thence S, 89°34'30" West along the present north right of way line of Colorado Highway #119 a distance of 108.0 feet to true point of beginning; thence North 01°31 ' E. a distance of 632.5 feet to a point; thence S. 89°31 ' West a distance of 345 feet to a point, thence S. 01°31 ' E. a distance of 632. 5 feet to a point on the north right of way of Colorado Highway #119; thence Easterly along said right of way 345 feet to a point of beginning. Containing 5 acres, more or less - not zoned commercial by Resolution of the Weld County Board of County Commissioners on November 23, 1966. L( #1 . Z-267 (Continued) Clarence and Vivian Evers Dec. 3, 1975 approval by the Board of County Commissioners as required by Section 8.4 of the Weld County Zoning Resolution. The site plan will then be referred to the State Highway Department and the County Health Department for specific recommendations. CERTIFICATION OF COPY I, J.anna...Mor..row , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of. Resolution of Planning Commission of Weld County, Colorado, adopted on December 2, 1975 , and recorded in Book No. V , Page No. , of the proceedings of said Planning Commission. Dated this .3rd.,...... day of December 1975 r- %- !.. Re rding Secretary, Weld County Planning Commission Ye-Z-006 %- REZONING APPLICATION Weld County Planning Department Services Building, Greeley, Colo. J OR PLANNING DEPARTMENT USE ONLY: CASE NUMBER2 -,. ' ' �i / 7,5 /1 PC HEARING DATE: // //./ 3"/"7.5 S. : TWP ' RANGE: CC HEARING DATE: LAND CODE: T: S: 1/4: KEY: SUB/DIV CODE: SUB: BLK: LOT: KEY: t.3'ER TO: REZONING FEE: .,:-D Date: APP. CHECKED BY: �/L. 2 C iti t - ��i_ Date: REC. NO. : "7,. .)62/ 3) Date: LEGAL DESC. APPROVAL • 4) 6 ,1 . W Date: TO BE COMPLE ED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRIl JTS: Print or type only, except for necessary signatures. • I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed rezoning of the following described unincorporated area of Weld County: LEGAL DESCRIPTION: • (If additional space is requirod, attach en additional sheet of this same size) STREET LOCATION: _ PRESENT ZONE PROPOSED ZONE APPROX PU.tPOwi.: IS THIS AREA PLATTED: YES( ) NO-0<T: IF PLATTED, NAME OF PLAT: IS THIS AREA TO BE PLATTED: YES ( ) NO X).. IF ANSWER IS YES, HAS PLAT BE SUBMITTED: YES ( ) NO ( ). FEE OWNERS OF AREA PROPOSED FOR REZONING: NAME: ADDRESS: TEL: NAME: ADDRESS: TEL: NAME: ADDRESS: TEL: I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUL TY OF WELD ) STATE OF COLORADO ) %wt2 to-r-kv gnature: Owner or Authorized Agent Subscribed and sworn to before me this �a day r of (9c27 D.O , 197j • LE AL L / 67-t&e%1 ._ ity/10 OTARY PU3L1 My commission expires: �� /i5J ?78 LEGAL DESCRIPTION That portion of land located in Southeast Quarter (SEa) of Section 3, T2N, R68 West of the 6th P.M. , described as follows: Beginning at the Southeast corner of said Sec. 3, thence South 89°31 ' West a distance of 499.0 feet to a point; thence North 41°48' East a distance of 41 .25 feet to a point; thence S, 89034' 30" West along the present north right of way line of Colorado Highway #119 a distance of 108.0 feet to true point of beginning; thence North 01°31 ' E. a distance of 632.5 feet to a point; thence S. 89°31 ' West a distance of 345 feet to a point, thence S. 01°31 ' E. a distance of 632.5 feet to a point on the north right of way of Colorado Highway #119; thence Easterly along said right of way 345 feet to a point of beginning. Containing 5 acres, more or less - not zoned commercial by Resolution of the Weld County Board of County Commissioners on November 23, 1966. ' ,,, 1 A - ' ' i '}A a \t- & \‘''' , ii. .:' . r', • 1L .k )\ . '.1 i - i, ,,i\ N 's • ' 1,-)- I MA : , s...... ., .,,,_, , - ._4 '''t . 1 . 1 It :: k; ,.. itL, -)), ,* ,, .1, , , . \,_ , t p, \ \ - t . re - - Ito : ' \,E -\1 ,_ I 5\ si ,--$: 1 . Th,:i ' 1 _. :._ ,, ,4, i, A,,I rop5O N —‘ - 11 ! ‘: 1 A ' ‘ii ' ' „ I- !‘\''. IA cam\ . \ ,,)\4 , A i4r, 1 ,\- . - i , , , 41 .k r.,.. , ri---_, I_ _,J- - , ‘. , .i -i ,- .- i - 'I'it-,:,_:' . 1,, • , , , .i> -17 \1 .4 - t- 4,, ;\ ..A .\,4 )1 ;4 1 i i \I \ _ .ze, -k • 1- 1 1 t‘i \ rc,r,„ ‘,kiN. N ' -4 'b-r) 4 k_:\% ,;,- i HA ,.,,c\, z lii,' 1 ),,,- ,_ 14 NW Li c: � � ti 4 . ,,-r - r,,H71 . '' \ .---r t- PETITION SUPPORTING REZONING Board of County Commissioners of 'Weld County, Colorado Court House Greeley, Colorado Gentlemen: We, the undersigned owners of property located within 500 feet of the property described in the rezoning application submitted by , hereby petition you to grant this rezoning request and to change the Zoning District Map so that the property involved shall be rezoned from Zoning District to Zoning District. Signature Mailing Address Description of Property ( l# �'O�L 1 R_Aib�O) WELD COUNTY PLANNING COMMISSION 1516 Hoapdtae Road 80631 TO WHOM IT MAY CONCERN : The Weld County Planning Commission will review a request from Vivian P Fv?rs for % change of zone from Agri . to Comm. XV4XQXRXOM )G)(d(RYIXkd(XXX5(9tRXXXXXXXXXXXXXXXXXXxxXXxxxxxXXXXXXXXX AvtotAxoftimatuvotmatimmIxAxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx If you have any suggestions or objections , will you kindly notify us in writing prior to November 11 , 1975 The location is Pt. SEq Section 3, Township 2 North. Rang? 68 West. Thank you in advance for your prompt action on this case . Sincerely , m -)n fl C i C / RECE1 VpD �ANflATlON GiVlS N f' ZONING CASE # Z-267:75:18 0CT 16 1975h Location Pt. SE4 Section 3, T2N, R68W v.`03 [ARTY HELM DEPT, Agenda date November 18, 1975 Date October 17, 1975 RE : Zone Change From : Agricultural To : Commercial The Zone Change for Vivian P. Evers (does ) :) -s- not ) meet with the requirements of the Weld County Health Department . The Weld County Environmental Health Services recommends that this request be ( approved ) ( d ) . Remarks : Yours truly , 4-60303,1 yr, � ooh O15 r' �k' - CO' rn Environmental Health Sekvices r r STATE L. ,_ PARTMENT OF HIGHWAYS CON F. SHEA EXECUTIVE DIRECTOR DOH FILE 04-41 STATE OF COLORADO DIVISION OF HIGHWAYS DISTRICT 4 E. N. HAASE '4 DWIGHT M. BOWER CHIEF ENGINEER DISTRICT ENGINEER P.O. BOX 650-1420 • 2NO ST. • GREELEY, COLORADO 80631 • 13031 3531232 October 23, 1975 Weld County S.H. 119 SEA Sec. 3, T 2N, R 68W Vivian P. Evers ,1 I 'fir. Weld County Planning Commission c FC 7} 1516 Hospital Road v Greeley, Colorado 80631 °✓ G��`^ top °4 Attention: Mr. Tom Honn v, , Gentlemen: Et �' C , ir The Division of Highways has reviewed the Rezoning Application by Vivian P. Evers, Southeast Quarter, Section 3, Township 2 North, Range 68 West, along S.H. 119. As you are aware, the Colorado Division of Highways has no jurisdiction in the determination of zoning and there- fore can only express the view that any zoning contemplated would fit into an over-all comprehensive plan for the area and would not create unnecessary conflicts either for the users and tenants of the develop- ment or need for future transportation needs or improvements. In this regard and looking at the development that has taken place in this area, we believe serious consideration should be given to the development of a frontage road system in this area. It is our under- standing that a portion of such a system was included in the Ramada development and should be followed through in the construction plans for the subject development. We would therefore appreciate the op- portunity to review the plans as they are submitted to check what pro- visions the developer has made for, such a frontage road, run-off, drainage, noise/air pollution abatement, etc. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER ?( �1 r� 6-r—✓ Albert Chotvdgs AC: jm Assistant District Engineer cc: D. M. Bower D. N. Fraser File: Graham w/encl. via Finch-Crier-Patrick J- �1 ifispitaa RICHARD D. LAMM JOHN W. ROLD Gov ERNp i �� 1 3� ;j) Director r ,�� c -S"' 'a ere o' ,,,, COLORADO GEOLOGICAL SURVEY C1 "' DEPARTMENT OF NATURAL RESOURCES ��� RECEw ED ;r,J 254 COLUMBINE BUILDING — 1845 SHERMAN STREET r, 11d CC7u11 DENVER, COLORADO 80203 PHONE 892-2611 \7s tSSi7l1 (-VFI-���'° C October 29, 1975 iw Mr. Tom Honn Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 Dear Mr. Honn: RE: EVERS REZONING REQUEST FROM AGRICULTURAL TO COMMERCIAL Two potential problems exist for the above proposed rezoning: 1. The land in question is underlain by what appears to be top quality sand and gravel. 2. The tract in question appears to be within the flood prone area of St. Vrain Creek. Depending on the surrounding land use the tract may or may not have any commercial feasibility for aggregate resource development. Once again, the problem with these sand and gravel resources is the small size of the tracts which are submitted for rezoning. The question of the flood plain should be referred to the Colorado Water Conservation Board to determine whether or not it is an important factor. If we can be of further assistance, please contact our office. Sincerely, a c. David C. Shelton Engineering Geologist DCS/jp GEOLOGY ii STORY OF THE PAST . . . KEY TO THE FUTURE } UNITED STATES DtF. .tTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 2017 West 9th Street, Greeley, Colorado 80631 SUBJECT ! - �AIE: } ' Soil Evaluation nGR� October 29, 1975 44, a , Cr �, yy•„`. R r • To Vivian Evers �7V 1203 Princeton Court ��'Pairy,/� �� .6°nl� Longmont, Colorado issko \a/ \\ / Dear Hrs. Evers: The Weld County Planning Commission has asked our comments ooncerning soils and possible flood plain problems in your 5 acre tract located in Section 3, Township 2 North, Range 68 West which is up for rezoning. The soils are deep, friable and poorly drained. Drainage would be advisable for commercial development. Engineering should take this into consideration upon further development of the site. The area appears to be out of potential flooding of the St. Vrain and ;Sr' Idaho Creek flood plains areas. However, fill material would be advisable for potential future hazards. Sincerely, W. Kent Ververs District Conservationist cc: Weld County Planning Commission • • s ns... I- „-4TM'G,+ t"'t"�h+ 444tR�A''!S"' ^"A.� . .` t ow �n4"Y•"i j T�',,A `.+hTe' ₹�„ M Y-. y� N, + tan C. ",� ` v.- ,Y 4ill.`+; \`". `P'44"- '4. "+rt`.,` "..••}7 ps, •Y" ?•d"'t P.. �.P�Tl'r •b* 4- ..A vM M}' ^,.::i A , WC;L U T� _D) CO 'Ne L' O R_A D,O) WELD COUNTY PLANNING COMMISSION Q.:a'EE LEY,yCO:Lc% 1516 Hospital Road October 17 , 1975 Mr. and Mrs. Clarence Evers 1203 Princeton Court Longmont, Colorado 80501 Dear Mr. and Mrs. Evers: This letter is to notify you that your application for a change of zone on your property in part of the SEa of Section 3, T2N, R68W of the 6th P. M. Weld County, Colorado is complete. The case will be heard before the Planning Commission on November 18, 1975. It is understood that the above date may conflict with previous plans you have. I would anticipate no problems if you were unable to appear at that time. If you would rather change the hearing to a later date, please notify me of that. The Planning Commission will meet on December 2 and 16, 1975. Respectfully, Kite-cc Anne Moore Assistant Zoning Administrator • ,ism 1/ 2re. _."-, ji 277S' U -- :G4t /7 /' .CIS, /92S. 1/ ,2C-oct " a A 9;Sf . Lid? aViee /e %E.. e dux yet 7 Kv n•c c aft - 1-Se z " I ` Se--O-e-e--,f-it A I, AGENDA Weld County Planning Commission, Tuesday, September 16, 1975. 12:30 A. M. Luncheon Meeting - Holiday Inn, 609 - 8th Avenue, Greeley, Colo. COUNTY COMMISSIONERS MEETING ROOM, SECOND FLOOR, PUBLIC HEALTH BUILDING, 1516 HOSPITAL ROAD, GREELEY, COLORADO 2:30 P. M. Discussion - Lee Teegarden property located in Del Camino Vicinity (.State Highway 119 and I-25) 2: 50 P. M. State Highway Department - Borrow Extraction Site SUP 289 Pt. NEa Sec. 35 and SEa Sec. 26 T3N R62W - approximately 4 miles east of Roggen 3: 10 P. M. E. F. Industries, Inc. - Zone change from Agricultural to Z-259 Scientific Unit Development Pt. SWa Sec. 4 T11N R61W - approximately 6 miles north of Grover `1 SUBJECT: Voting Membership DISCUSSION: Today' s voting membership will be Heitman, Nix, Yost, and Elliott. SUBJECT: Lee Teegarden - Discussion Only Tape 613 APPEARANCE: Lee Teegarden, Representing Clarence and Vivian Evers LOCATION: In Del Camino Vicinity (State Highway 119 and I-25) DISCUSSION: This property was purchased in two difference parcels , each of them being five acres in 1966. Shortly after purchasing the first five acres, the owners engaged contractors to build a liquor store. The contractors obtained building permits from the County. Shortly after the liquor store was opened the owners purchased the second five acres to the west. Owners approached the Weld County Planning Commission Office to find out how to proceed for a commercial zoning. They were informed that it was already zoned commercial . In late 1974 Mr. Teegarden learned of the discrepancy after being engaged by the owners to market the property, either as a lease or sale. In January Mr. Teegarden met with Anne Moore and Tom Honn and they have been seeking a solution to the problem ever since. In February, John Juntunen wrote a letter which stated that the area had been erroneously shown as a commercial area on County zoning maps. The existing situation makes it impossible for promotion of sale of the land. Mr. Teegarden feels it would seem proper to designate the area as commercial by an administrative act. He feels the owners have been subjected to a hardship in this situation. Anne Moore said that it is the feeling of the Zoning staff that this is something that cannot be done administratively because of State Statutes. Staff is looking for any comments which the Board may have about this being a straight commercial area. The area is shown on the official zoning maps as being zoned agricultural . Plats submitted for other zone changes in the area showed the area as being zoned commercial and the Planning Commission staff did not catch the error at the time. MOTION: By J. Ben Nix, to give the staff authorization to straighten this matter out by making it the applicant' s responsibility to initiate a request for proper zoning . Seconded by Marge Yost. A vote of "aye" by Heitman, Nix, Yost, and Elliott. Motion carried. APPLICANT: State Highway Department Tape 613 CASE NUMBER: SUP 289:75:15 SUBJECT: Borrow Extraction Site LOCATION: Pt. NE1 Sec. 35 and SE; Sec. 26 T3N R62W APPEARANCE: Joe Intermill , Jr. DISCUSSION: This property is adjacent to Interstate 76 and is owned by State of Colorado. The Highway Department proposes to use the materials for the shoulders of I-76. The surrounding area is dryland pasture. Extraction would involve approximately 28.26 acres. The Highway Dept. would excavate no deeper than the present pit. Backslope would be 2: 1 . The haul area would be from the pit area right onto the adjacent right of way. The Weld County Planning staff recommends approval for the following reasons: 1 ) The proposed use complies with the Comprehensive Plan and H. B. 1529 for extraction of minerals; 1193 • I/ I . li .1 w ' 4� cg, 11) ( I i Gravel Pit 1,� GN 1u z-iis i-iii�iriiw,iirarea s 65 siii� C `+ 1 IL 1 Z-106' / 1 I- FS ' C \ c 1 1 al ' it ( ' 'i ` X 1 �1` �( S 1 1 1 Iv 1° I 43" 1 �1, A 1 1 li C \ : \ V 1k z - I8 z — ios1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 i 1 1 1 1 3 ° ,1. C 1 S • 1 I 1 1 1 1 1 1 1 1 1 • I 1 1 6 so'• 1 \/ --�,, Mailing List Z-267 Evers James & Will Holmes 355 Crestridge Lane Longmont, Colorado 80501 Will Corneth James D. & Marilyn Erickson Rt. 4, Box 160E Longmont, Colorado 80501 Chevron Oil Company Western Division Property Tax Division P. 0. Box 599 Denver, Colorado 80201 Milton and Edwin Kahn 6750 E. Eastman Avenue Denver, Colorado 80222 Grant Brothers Box 948 Longmont, Colorado 80501 Urban Oil Company 1304 N. College Avenue Ft. Collins, Colorado 80521 Del Camino Corp. 500 Coffman Longmont, Colorado 80501 Texaco, Inc. Attn: Tax Dept. 3350 Welshire Blvd. Los Angeles, CA 90010 Park Town Ltd. 500 Coffman • Longmont, Colorado 30501 J. P. Camenisch, et. al . % Phillip Camenisch Rt. 4, Box 160 Longmont, Colorado 80501 CLERK TO THE BOARD CHECKLIST /� Hearing T itle- rid- �v ��CI��dit 7 C / � .l,C/Y��2� ��l�4'h--6 Received from Planning Department /c3,4/7 f✓ Hearing date approved /,. <j/1714- Notice typed i / ' Notices sent to: 4;2//c_72/74 Legal advertising Planning Department Health Department Bulletin board IA Local newspaper Adjacent landowners F Packets made Packets to Commissioners f ;7,� i Hello