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Home My WebLink About750029.tiff RESOLUTION WHEREAS, a public hearing was held on December 8, 1975, in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing a petition of Elmer Moore, 5108 Elm Court, Denver, Colorado, requesting a change of zone from "A" Agricultural District to "B" _' Business District (Planned Unit Development), and c) WHEREAS, the petitioner was present and represented by counsel, Mr. Arthur Roy, and WHEREAS, there was no opposition to the change of zone, and a 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 petitioner 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 Elmer Moore, 5108 Elm Court, Denver, Colorado, for a change of zone from "A" Agricultural District to "B" Business District (Planned Unit Development), said area being more particularly described as follows: A portion of the Southwest Quarter of Section 3, Township 2 North, Range 68 West of the 6th P. M. , Weld County, Colorado, containing 4, 05 acres more or less and more particularly described as follows: Beginning at the South- west Corner of said Section 3 and considering the West line thereof to bear North 00°42' East with all other bear- ings herein relative thereto; thence North 00°42' East along the West line of said Section 3 a distance of 524. 85 feet; thence South 89°38' East a distance of 435. 0 feet to the True Point of Beginnings; thence continuing South 89 38' East a distance of 435. 0 feet; thence South 00°42' West, parallel to the West line of said Section 3, a distance of 406. 25 feet to a point on the Northerly Right-of-Way line of State Highway #119; thence North 89°38' West along the said Northerly Right-of-Way line a distance of 435. 0 feet; thence North 00°42' East parallel to the said West line of Section 3 a distance of 406. 25 feet to the True Point of Beginning, containing 4. 05 acres, more or less, 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. 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 and subsequent recording of said plans in the office of the Recorded at r o'clock,f7 M_._!� _C 7 1976 �1 YINO r),) Rec. No. 1.x1 :.e 44. Mary Ann Feuerstein, Recorder -�F J( a 750029 4 ,785 0= County Clerk and Recorder of Weld County, Colorado; otherwise, the County may take action to rezone the property to its present classification. 4. Changes will be made on the plat and submitted as agreed upon at said hearing. Dated this 17th day of December, A.D. , 1975. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,/(e((/I - Glenn K. Billings Abstain - - Roy Mos -1 /,'^ ' /. , / .. � i ./4 Victor L. ti3'acobucci • ,ATTES'Z': c. COUNTY CLERK AND RECORDER AND-.•CLER.K TO THE BOARD! Deputy County Clerk 7 MOVED A$TO FORM:(` jar c, i C s /- County Attorn y ;� _ C M M M Y .�-, in b 0 y YJ RECEIPT FOR CERTIF e • o ¢ A, SENT Arthur P. Roy P ,°e ,3 v = ( c0 \� _ 9 CO g STREET AND N0. C 'D 425 E = S '-C .3.. .<y B p 1011 11th Ave ...3-,E E • 1 tt "6 .o CO P.O., STATE AND ZIP CODE N- u ^wr 'b ^O a 'S C E J❑ \ , -00 Greeely, CO 80€ m1 4 7 0 1 Pl v Z I X vY id pp 41 t 1 = r CIOOPTIONAL SERVICES F01 0 ' °tl " r., w en gj RETURN I. Shows to whom. r.E n 9 .� W ,ti $ 0 VD a ^'I ! , v 'Si N With Oelivei ^' •' 7 La " 0 O $ t d " s. Ea RECEIPT ' R. Shows to whom, BBy 8 a '� Fa 4 Cl 2 t ,r \� `�•y a SERVICES With Aelivel Ea p D I). O V St Q)1\'`` W DELIVER TO ADDRESSEE ONLY ^ a O FF`"j p 6 'O E N w a< ¢ \ ≥' Z te7 SPECIAL DELIVERY (extra fr rwqu`` 3}a F il po 3 3'aU 3 U 3 ¢ O .c U U C viv❑ E n PS Form 3800 NO INSURANI 31 .O S 8 F $ pe $ $ P4 4:II ; 2 nN s� Apr. 1971 f1illuyy P6Wy�' ` S1 , rn ea O v G4 a G U F m • ^ tV m ¢ H N Y al VlCV RECEIPT FOR CERTIF PS Form 3811, Jon. 1975 RETURN RECEIPT, ..IIGISTERED, INSURED AND CERTIFIED MAIL SENT TO Elmer Moore E b E w y (.; N STREET AND NO, g u •g ° '; •u 1' R, 'tl< o p 5108 Elm Ct a UvvwvtWp� $ d � o W CO P.O., STATE AND ZIP CODE a$ O $ �" , a 9'1:$ p $ u e J CO Denver, CO 80200 ^?e-.. 'a 8 w v w & 0 a N E u 1 a n c _ OPTIONAL SERVICES FOR -1 'CC " p E N O ,�. m 1. Shows to whom. $ w 9 A " Li 'a O = E C N RETURN ' ^ .C a (� W OO O U Opp '�O a 2 ro cc With Aeliver E L gg g gg RECEIPT 2. Shows to whom; yp 0 u. p 5 g m N LI N a 6 w P SERVICES With delete' .n! x A i raw U O ¢ e c > rs w DELIVER TO ADDRESSEE ONLY _ t C 3 ; 2 3 ¢a' O U n nE D D SPECIAL DELIVERY (extra fee row <C -g $ $s 0 $ K ion r i t 3 D V Z PS Form NO INSURANI b ��I� [�vif7 % ` 41 �I I O H W* N. Apt. 1971 3800 NOT FOR a v W -0 pi vJ pQ s Vat iin- g 'w' ¢ ' g¢ rr+ ina RAL,� in 4 PS Form 3811, Jon. 1975 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL / 7 l c ycJ CiL Ct16 /C6 r C �C / (,� _.'vY .-(Z. �C.LrC C .C .. I C C cc: December 8 , 1975 I hereby certify that pursuant to a notice dated November 5, 1975, duly published in the Greeley Journal on November 7 , 1975 and November 28 , 1975, a public hearing was had on a request for a Change of Zone from A to B-UD by Elmer E. Moore, at the time and place specified in said notice. A motion was made by Commissioner Jacobucci to grant said request. The Chair seconded the motion. The vote resulted in two aye votes and Commissioner Moser ab- stained. JL_ N K. BILLING / CHAIRMAN, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:o1. _ �ZZI COUNTY CLERK AND RECORDER AND CLERK TO THE BOA,.RrN BY: R L-"` , n-L C(.LS . L ti( c. Ire-Octy County Clerk , / / Tape #75-118 & 119 ,7) /, COUNTY ATTORNEY DOCKET # 75-56 _ DATE : December 8, 1975 j i--) el , T... ,,, , TIME : 10: 00 A.M. (7(V '✓ REQUEST : COZ, A TO B-UD r .y- it s„, ;;;;:// -- �^ ___;) , __, fiv/17:p. ..,"/,// 1' t1( (.21 ,. -7-e, f / v...., i 4.L- t . - - - / '1 / an - i t! ./1 .. 1; t,.. F , r / ;f j � , • l '7 ' � t H E A RJ N G S DATE; December 8, 1975 TAPE 4r`: DOCKET #: 75-56 PETITIONERS NAME: Elmer Moore DATE E FIRST HEARD: PETITIONERS ADDRESS: 5108 Elm Court Denver, CO 80200 • REPRESENTED -BY: REQUEST: CO Z,, A TO B—UD (Change of Zone) or (Land Use Permit) LEGAL DESCRIPTION: R68 T2 S3 SWa SPOKESMAN: For: r _. 1,t ( .1 s/ `".r Against: ACTION TAKEN: (Conditions) I • r i f from the office of C Wiley, Colorado THE BOARD OF COUNTY COMMISSIONERS November 10 . , 19 WELD COUNTY, COLORADO Barbara Billings Moore & Ottaway Rt. l Box 23 Platteville, Colo. 80651 Dear Barbara: Enclosed please find two notices of hearings to be held December 8 , 1975 , at 10 : 00 A. M. Yes we do want a transcript from you on both of these hearings . Thank you. If you have any questions please advise . - /1,,- �'w _. i" Sincerely, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO S. LEE SHEHEE, R. COUNTY CLERK & RECORDER AND CLERK TO THE BOARD B (. % -2i 1 � , /ll_t By: Deputy County Clerk f-... ' a.,✓k.a. F-e+' . J ,wr v' r"'.j�Y��jti is ^�°'s, `+&.�fiM h ;,;-:-..f �s 1`, �'„}r e` 3 >, ,. vk`I.V� h } r. ,T f: 'i).2M 4\ ♦ MT4•M �' �y`IT,�i �y W4} 1 h � C�yl`` y „o i ` +,rn,µ-a---.--A ."+.f*� R�r,, ,' yt+C9..,' - Y''V�,, ,..{s,; riiz : a/Ali 44.2 al,, y 6:-.4,P"�ao=4,-«"ry 'JC1e"`�i " ',,Ip b, av;`r'yM...-t^ r ,- ?n N y 1 M, ....' ;.dt 4 .., ,,.. ee, 2.. ..4.,:-,,,..». y%. $ •-w.4,. T 'L*- .-` .n=..-r.s •t..,^ `- •".w�i r--:++w. "'1t54:-;;-.. „Y'._.:N- ._,N,,n' .P'4`F' Y.:o. v `,. YZ sy y. y * 4' . `+y4,y,iir +w _e�. ,--e., �'`� 2St�arti: T'. 4,--c •` -rte x `�Y r,. L .j.; • e ^ ..4,7- M `:t,-;,v'm. t47„,;„Z,A,s,.p. : • '" , �,^ta,44,: i:...yf E4� ^n r�fce.",,,}',p{.� ,•y�`kaw1rA i't {StVo.c. ,",, YS 4.,?4, AFFIDAVIT OF PUBLICATION '''' LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder ) ss Dan H. Shrader dtl NOTICE Pursuant to lM r I fewe of the Slate solemnly swear that the LONGMONT DAILY TIMES-CALL is a ott t a �₹ y OSSM_nelo Ins`MiD` WNe �,4Dntv,. daily newspaper printed, in whole or in part, and published inMY Mans 1 ateixe , mern�, wd, r the City of Longmont, County of Boulder, State of Colorado, and tol e'�r ,RDp, mcfri,t'wive e which has general circulation therein and in parts of Boulder and r B 711° OWN tha KNttnetext ae Weld Counties; that said newspaper has been continuously and " '�°un- office n ew the ra or Coolyr Dom tniMM ions,151brftling BRr,gratin', interruptedly published for a period of more than six months next cweriaa Docket No'154 Hiner. Via ARO prior to the first publication of the annexed legal notice of advertise- • 31011 Elm Court O envety eel on#4,p :. ment, that said newspaper has been admitted to the United States ' L Date: Decebnber Dt 11195 Time:$t:Ch A.M mails as second-class matter under the provisions of the Act of District, Ctenbeeier�/n i tlao.. Unit District, to *O,(i tD em moo unit March 3, 1879, or any amendments thereof, and that said newspaper DnpDibgppmeat matte, peprp/oximetel{" mi is 5#1511,n of eeC, is a daily newspaper duly qualified for publishing legal notices and C$ COUNTY MM(iiiotooF advertisements within the meaning of the laws of the State of Colorado; ERS wEBy:5 NEE,JR. �R CLERK that copies of each number of said newspaper, in which said notice ANDf.4ED Kro i TM-SWARD or advertisement was published, were transmitted by mail or carrier - BY:Jeanne Lou Neimbuck, .. Deputy Published to each of the subscribers of said newspaper, according to the accus- 75. in the Daily Time"s-eau Nov. ]6, 1915. toured mode of business in this office. That the annexed legal notice or advertisement was published in the regular and entire editions of said daily newspaperocseeersenht txae' ***line tuxani c*Pli**}***0}ucfor the period of ...on.2...(.1)_ consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated November 28 19 75 and that the last publication of said notice was in the issue of said newspaper dated November 28............. 1975 In witness whereof I have hereunto set my hand this ._2..8th day of November 1975 Business Manager *' * Subscribed and sworn to before me this 28th day of November 19 75 N, r ;977 My Commission Expires ---u� /1/43 Notary Public FEE S 8.97 Ad in 2B u u:_ Lce of Greeley, Colorado THE BOARD OF COUNTY \'IMISSIONERS WELD COUNTY, COLORAI November 7 1975 Publisher : Please insert the -enclosed notice in your issue the week of November 24 , 1975 one time only. Regarding payment, complete the enclosed voucher and forward it to u-s. When returning the voucher, please inclu-de an affidavit of publication so we may complete our files . Thank you for your cooperation. Sincerely, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S . Lee Shehee, Jr . County Clerk and Recorder and Clerk to the Board ByJ;(i ''`,e a Yt ,� . t Y:4 3' E ..T.♦+. -'nc. �.�g n „`i Ya i t.75 a - i rl dk : RECEIPT FOR CERTIFIEL % sang FFarmer & Miner . STREET AND N0. Box 158 P.O., STATE AND ZIP CODE6 Frederick, Colo TL OPTIONAL SERVICES FOR AD ; -; RETURN t. Shows to whom and + . RECEIPT With delivery to t x t ', ' Z, Shows to whom Oao I DELIVER TO ADDRESSEE ONLY r';,,y L _ i y(^'s �.tk•'s° y_t SPECIAL DELIVERY (extra fee requIredj,,,^,Sn 2 x i Ffffjlll PS Form ti k f' .y a#•6z < - r a` R u t?y M �.G 3800 NO INSURANCE 6 ? �r § °:s r , Apr. 1971 NOT FOfl INTO w N • "fi min ES1Lit. I. 1. _ 4 q;L �. �...♦....rd. �' 1,�G.WA /y xf l RECEIPT FOR CERTIFIE " s SE �0 ,t,r 5L�'15lfgmopnt Times C c .. S130XA"Lp79 Y f >:. i ,. P.O., STATE AND ZIP CODE 'G ; °"( Longmont, Colo Cr) ?�1Y OPTIONAL SERVICES FOR AO. a".^ RETURN 1. Shows to whom and t f_. With delivery to RECEIPT , Y. Shows to whom dal 1 1 SERVICES With delivery to 1 - _ DELIVER TO ADDRESSEE ONLY SPECIAL DELIVERY (extra fee requir Z PS Form 3800 NO INSURANCE ,� 1t Apr. 1971 ^ NOT FOR IN "' r -, 7 .Th7.:if 4 3r-j y.,„"' ;'1.'a. :.P .`T�.^J.�•�a (v ;kith 14+ Sa'Yri. q .•�r 4 yWf 9V0 'w + tf:K 1.r T .y ' ', < :'a 'n,urT:.w . r 9' ,yg,�tr ; 'ry„.;«s. .: AIILII. :' 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 be examined in the Office of the Board of County Commissioners, 1516 Hospital Road, Greeley, Colorado. Docket No. 75-56 Elmer Moore 5108 Elm Court Denver, Colorado 80200 Date: December 8, 1975 Time: 10: 0O A.M. Request: Change of Zone, A (Agricultural District) to B-UD (Business Unit Development District) A portion of the Southwest One Quarter of Section 3 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, containing 4 . 05 acres more or less and more particularly described as follows: Beginning at the Southwest Corner of said Section 3 and considering the West line thereof to bear North 00°42 ' East with all other bearings herein relative thereto; thence North 00°42 ' East along the West line of said Section 3 a distance of 524 . 85 feet; thence South 89°38 ' East a distance of 435. 0 feet to the True Point of Beginnings; thence continuing South 89°38 ' East a distance of 435. 0 feet; thence South 00°42 ' West, parallel to the West line of said Section 3 , a distance of 406. 25 feet to a point on the Northerly Right-of-Way line of State Highway #119; thence North 89°38 ' West along the said Northerly Right-of-Way line a distance of 435. 0 feet; thence North 00°42 ' East parallel to the said West line of Section 3 a distance of 406. 25 feet to the True Point of Beginning. Approximate area is 4 . 05 acres . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: S. LEE SHEHEE, JR. COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD lr BY: Jeanne Lou Heimbuck, Deputy. Dated: November 5, 1975 Published: November 7 , 1975 and November 28 , 1975 in the Greeley Journal DATE: Octot 30, 1975 TO : The Board of County Commission_ rs Weld County , Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections , we have tentatively set the following hearing for the 8th day of December, 1975, , 19 : 00 A.M. : Elmer Moore, Change of Zone, A to B-UD Hal H. Ottaway, DBA Highland Hills Golf Course, 3 . 2% Beer on & off the premises #• OFFICE OF TEE CLERK TO THE ABOARD BY : Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above : BOARD OF COUNTY COMMISSIONERS WE DD CUNTY , COLORADO . F BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . 7-261 Date October 22, 1975 APPLICATION OF Elmer Moore -ADDRESS 5108 Elm Court, Denver, Colorado 80200 Moved .by Harry Ashley that the following resolution be introduced for passage by the Weld County Planning Commission : Be it Resolved by the Weld County Planning Commission that the application for rezoning from "A" (Agricultural District ) to "B-UD ( Business Unit-D(1 ri ct ) covering the following described property in Weld County , Colorado , to-wit : see attached be recommended ( favorably ) (xotxfc-uu b)15,t) to the Board of County Commissioners for the following reasons : dS submitted STATE OF COLORADO "r COUNTY OF WELD ss. Filad wit the C .r of th:. ,.,oard 01 County Corn.ii ssion:r� DCT23 COUNTY CLERK AND RECORDER i3y__ Deputy„ Motion seco-nded by Bill Elliott Vote : For Pas sage Harry Ashley Against Passage Bill Elliott John Weigand Chuck Carlson Jim Graham 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 . a - - a t o t L 0Dt � 4- q) �: c s NEE a c-c.c a Q� O 976, ai f& L! - N Co C C Cy- N C L0'4' IP O U V t c 4- d O (Ij i a- OF O �� cu.S U� CD N � O J . ..7 -c4;-; 2 cc d _if). vaWO -cry ciC ° LC4-C C _N0 .C-° F tv -50� a v J-0 6)� yvIM tO 4 -Q ii OoC �-p O-E 4 Dc@@&. _ t o 0 V) W CJ T L-}- C) sCb, QCc (1)7Y.N cce- U > •co � -� O j� C u— ps ° -c O —+- a):4 �' — b.csm isi --Q 0 C Ill 6� < C O o N d- Ccuoq.c P-� � CgC' ° c � L+ ALL L CERTIFICATION OF COPY I, Oa n&MQr.r.QW , 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 October 21 , 1975 , and recorded in Book No. V , Page No. , of the proceedings of said Planning Commission. Dated this 220 day of October , 1975 , y�� Gv '! L !�:Cr'�}f Recq ding Secretary, Weld County Planning Commission pC-Z-006 FASO i lLJ la ." ° Arthur f. Tang tV r4 a^ erta January 23 , 1975 • Mr. Glen Billings Chairman Weld County Board of County Commissioners 1516 Hospital Road Greeley, Colorado 80631 RE : ZONING APPLICATION OF ELMER MOORE , DOCKET NO . 102- REQUEST FOR RECONSIDERATION DR REHEARING Dear Mr. Billings : 1 have been retained by Mr . and Mrs . Elmer Moore with regard to their request for rezoning of a 4 . 05 acre parcel in the Southwest One Quarter (SW 1/4) of Section Three (3) , Township Two (2) North, Range Sixty Eight (68) West of the Sixth (6) P .M. This parcel is located approximately one mile West of Interstate 25 on the North Bide of Colorado Highway 119 . My records indicate that the Moore ' s requested a change in zoning from "A" , Agricultural , to "B-U-D" , Business Unit Development in June of 1974. A hearing was had before the Weld County Planning Commission on July 2 , 1974 and the Commission issued an unfavorable recommendation. The matter was heard before the Weld County Commis- sioners on September 9 , 1974 and was denied in writing on November 13 , 1974. There are some circumstances which do not directly relate to the zoning issues which should be considered and which certainly have compelled the Moore ' s to pursue the matter beyond the final hear- ing before the Commissioners . The Moore ' s purchased the parcel in question on June 19 , 1972 under a contract of sale dated April 27 , 1972 . The property was purchased with the expressed purpose of establishing a business on the property and this intent was com- municated to the sellers , Albert and Eva Rademacher. The price was $3 , 000 . 00 per acre. Prior to signing the contract of purchase on April 27 , 1972 , Mr . Moore checked with the Weld County Planning Office and was advised that the property was zoned commercial . Mr . Moore then purchased an existing building which was then being used as a carpenter ' s shop in conjunction with the construction of the nuclear power station at Platteville. It was his intent to move this structure to the property for use as a commercial establishment . On May 1 , 1972 Mr . Moore Applied for, and received, a building permit from Weld County permitting the moving in of the building and the permit stated the zoning was commercial . The 011 11th Avenue — Greeley, Colorado 80631 — Telephone (303) 356-5400 ZONING APPLICATION OF ELMER MOORE Page 2 . purchased structure was not available as planned so Mr . Moore decided to build a cement block structure. On April 5 , 1974 a "Stop Work Notice" was issued to the Moore ' s , the basis being "No Permit - Need New Permit" . Mr . Moore applied for a new permit which was granted and the new permit again stated that the zoning was commercial . Just prior to the application for rezoning the Moore ' s found out that the zoning was in fact "A" , Agricultural , and made their application for rezoning which is the subject of these proceedings . By the time the error was Aiscovered the Moore ' s had invested in excess of $30 , 000 . 00 in their structure and well . If the previous resolution of the Weld County Commissioners remains in effect the Moores ' invest- ment would be a virtual total loss . In setting out these exigent , and I submit unique, circumstances I do not wish to imply that there has been any intentional misrepresentations made by the County or its planning staff , I merely want to point out that my client has always operated in good faith and is the victim of misinformation or bad communications , or both . I was retained in this matter following the decision of the County Commissioners denying the zoning change . I have been attempting to find a way out of a very serious dilemma . The dilemma is fairly simple to identify , the interest and financial committ- ment of my clients and the interest of the people in orderly growth and planning , but it is not at all easy to reconcile. -In attempting to reconcile the situation I have engaged in some very informal and preliminary discussions with the planning staff . There are indications from these discussions that there may be a means of altering the situation so that the staff could recommend the zoning change . The change which has been briefly discussed is the elimination of the access to Colorado 119 from the property and the substitution therefore of access to the County Road to the West of the property. In addition, we have obtained additional engineering data with regard to the flood plain problem which would tend to indicate that the subject property is not in a flood plain. Everyone to whom I have spoken indicates that there is some higher use for the property in question, but no one has decided what that use would be . It would appear to me that some time 1 should be invested by the planning staff , and the Commission, to determine what such uses would be and whether or not the ` Moore ' s proposed use would be compatible . There has already been some commercial zoning in the area, indeed the property immediately to the West is zoned commercial . The surrounding r � ZONING APPLICATION OF ELMER MOORE Page 3 land apparently has a high alkali content diminishing its usefulness as faLm land, -and some of the surrounding land is significantly lower and is , therefore , subject to flood- ing . It is urged that some study time should be -invested at this time due to the good faith, and considerable invest- ment of my client . Before my client invests more money in the property for the Turposes of obtaining access to the County Road by easement or purchase , and incident thereto additional legal and engineer- ing costs , I would appreciate an opportunity to appear before the Board of Commissioners to formally request a rehearing , a date for such rehearing , and leave to enter into more formal discussions prior to the rehearing date with the planning staff. It is hoped that this procedure would result in a reconciliation of the dilemma my clients find themselves in and would also protect the obvious interests of the public . S wish to thank you for your kind attention to this rather lengthy letter, and I remain //Yours truly, ARTHUR P . ROY APR/sah cc Mr. and Mrs . Elmer Moore iiEZONTNG APPLICA'TICN Weld _County Planning _Department Services Building, Greeley, Colo. Fult PLANNING DEF',iid`i` :f.NT USE D?SLY: CASE NU4BER: `' / _ PC HEARING DATE: c /-r//% ' s��c: � � / Z �'WP -RANGE: GC HEARING DATE: LAND CODE,: T: S: 1/4: KEY: SU.8/DIV CODE: SUB: ELK: I,OT: KE ...FER To { f / REZONING FEE: `' • -U ,fir, . t' C . 1 l , . � �:.�'_ Date:/ i APP. CHXCKED ` : -• , Date: REC. NO. : _ 3) ' ' ( -' Date: LEGAL DE,SC.,APPROVAL [` ____., .�,• Date: -e .-7 Cc.,) n.,�, r" , : ;• • • TO E COMPLETED BY APPLICANT IN ACCORDANCE ,WITH PRO '� T 1:t:1L, �"s'QE��ft'E�t�p�Mrr"V1S-: -'Print o 7.5 type only, except for necessary _signature-a. • I (we), tlu un'Hersigned, hereby request a hearing before the weld County Planning Cor,►ralission, _cc:neern_ng proposed re-zoning of the following described unincorporated area of Wald �t��iTl�,r.,: LEGAL DE CRI[- IO : A -p_ortion of the Southwest One Quarter of Se-ction 3 . Township 2 North Range 68 West of the 6th P .M. , Weld County, Colorado, containing 4. 05 -acre-s -more or less and more particularly described as follows : Beginning at the Soutwest Corner of said Section 3 and considering ,/.,/J the West line thereof to bear North 00° 42 ' East with all other bearings herein relative thereto; thence North 00° 42 ' East aLong the West line of said Section 3 a distance of 524. 85 feet; thence South 89° 35 ' East a distance of 435 . 0 feet to the -TRUE POINT -OF BEGINNINGS; thence continuing South 8-9° 3-8 ' East -a _distance of 435 .D feet ; thence South D0° 42' West , parallel to the West line of _said Sention 3 , a distance of -4D6. 25 feet to a point on the Northerly Right-of-Way line of State Highway • #119 ; thence North 89° 38 ' West along -the said Northerly Right-of—Way line a distance of 435 . 0 feet ; thence North (If additional space is required, attach -an additional sheet of this same aiz.:!) CONTINUED ON ATT-ACHED SHEET STREET LOCATION: State -Highway 119 PRESaT ZONE A PROPOS AD ZONE B U D APPROX AREA: -4. 05 acid ?UP.POb... Restaurant IS THIS AREA PLATTED: i s( ) NO (X). IF PLATTED, NAME OF PLAT: 13 THIS AREA TO DE PLATTED: YES ( ) NO (X). IF ANSWER IS YES, HAS PLAT -EEEI SUBMITTED: YES ( ) NO ( ). FEE CfAN R,S OF AREA PROPOSED FOR -REZONING: NAME.: Elmer Moor-e ADDRESS: 5108 -Elm Court , DenverTEL:_433-007 9 NA;ZE:Clara Moor-e ADDRESS; 5108 Elm Court DenverT :1+:3-0079 NAME: ADDRESS: ColnradoThL:_ I hereby depose and state under the -penalties of perju;'y that all statements, proposals and/or plans -submitted with or contained within this application are -true and correct to the best of my knoaiedg3. GOUT.i' OF WELD1 STATE OF ^OLORADO ARTHUR P . ROY 1 Signature ; Owuer or- Authorized Agent Subscrib.�d and sworn to before Hue thi /2' day of (.-` ?f • — S /T!,;i , :.9 /;� ;;O'!'•':iY PUBLIC My 4ommiesion expires ,�. .26/ /97"/ LEGAL DESCRIPTION CON' T : 000 42 ' East parallel to the said West line of Section 3 a distance of 406. 25 feet to the TRUE POINT OF BEGINNING. BEFORE THE WELD COUNTY, COLORADO BOARD OF ADJUSTMENT MOTION TO GRANT OR DENY A-PPEAL Case No. V-489 Date 9-75-75 APPEAL OF Elmer Moore Address 5108_ 1M. Ct. Denver. CO $.0271 Moved by Gordon Lacy that the following resolItien be irrtroducerl for pas-sage by the Weld County Board "if Adjustment: Be it '?e=olved by the Weld County Board of Adjustment that the appeal of ___Elmer Moore __ _ Lot Size to locate a mobile home on the following described property in Weld County, Colorado, to-wit: Part SWIg SW' Sect. 3 T2N R68W be den3ed (uranted) for the following reasons: to grant a variance to exempt the parcel of 4.057 acres (as described in Book 670 Reception #1592181 ) -from the five-acre minimum lot size requiremen for Unit Development in Sec. 6.6 (1 ) of the Weld County Zoning Resolution. r> Motion seconded by , -, —• Votes P°or Gtanti o Appea' For Denial of Appeal; t Y Ht _-AA. / i Artipir 41. Lig October 6, 1975 Mr. Tom Honn Zoning Administrator Weld County Planning Commission 151B Hospital Road Greeley, Colorado BOB31 RE : MOORE B.U.D. Dear Mr. Honn : In response to your request made at our meeting of October 3 , 1975 concerning a "Summary Statement of Application" with re- gard to the request of Elmer and Clara Moore for a change of zoning from Agricultural to -Business Unit Development , I sub- mit the following: The total development area is 4. 057 acres. The Weld County Board of Adjustment granted the Moores a variance from the requirements of Section B .B(1) of the Weld County Zoning Resolution which -Section requires a mini- mum of 5 acres for a unit development . This variance was obtained at the meeting of the Board of Adjustment on September 25 , 1975 . The specified uses within the Moore Business Unit Development permit one mobile home dwelling on the site subject to appropriate permits . It is not anticipated that there would be more than one dwell- ing on the parcel. The total number of square feet of non-residential floor space is 2 , 360 _square feet . It is anticipated that the total number of off street parking spaces to be provided will be 41 . It is estimated that the facility will utilize approxi- mately 1 , 500 gallons of water per day . The State Engineer, according to the best information available to me , will permit the use of 3 acre feet per year, which amounts to 2 , 700 gallons per day , 7 days per week. A beneficial use statement has been filed and the State Engineer will permit the rate of consumption above-noted. 1011 11th Avenue — Greeley, Colorado 80631 — Telephone (303) 356-5400 ✓ - Page 2 - The water supply source on the parcel is a well as noted above. A septic system has been installed on the premises with the approval and inspection of the Weld County Department of Health. This system was designed to handle the anticipated use. It is initially contemplated that the premises will be used as a restaurant as permitted under -the -Business Unit Development Plan and that the structure presently on the premises together with a possible mobile home will be the only development on the parcel . The structure on the premises is presently approximately 90% complete , -the well has been drilled, the septic system i-nstalled, and the access to Colorado 119 has been completed. It is anticipated that final inspections and installation of equipment will require between 30 and 60 days fallowing approval of the Zoning and use . The _unused space on the parcel , will be planted to some extent in evergreen trees and will otherwise be left in its natural state except for land immediately adjacent to the restaurant and parking which will be planted in grass . As of this date the land has been completely paid for and the facilities installed have been paid fO by the owner on a cash basis . It is -anticipated that there will be a minimum need for outside financing for any completion on the improvements . I trust that this satisfactorily answers your request of October 3, 1975 . You s truly , ART-HUR 33. ROY APB./no f; Arthur 1. Eug August 12 , 1975 WELD COUNTY PLANNING DEPARTMENT Public -Health Building Greeley, Colorado 80631 RE : APPLICATION FOR REZONING BY ELMER AND CLARA MOORE Gentlemen: The following is submitted in response to the questions preptsed to the applicants - with _regard to their request for rezoning. 1. QUESTION: Is it impracticable , impassible, or un- desirable to develop the land according to its current wing classification? ANSWER: It is not commercially feasible to use a tract which is approximately 4. 05 acres -more or less as an agricultural unit. This land zags conveyed to the Petitioners on June 18 , 1972 _after representations to the Petitioners by the Seller and by employees of the Weld County Planning Staff that it was at that time Zoned Commercial. There was , no intent , to create a tract upon which it was commercially unfeasible to carry on the activities for which that tract was zoned. 2. QUESTION: Would the proposed rezoning benefit the entire County by allowing a type of development which is needed and cannot locate in ether parts Df the County? ANSWER: It is not practical to state what effect, if any, the rezoning of this tract will have on the entire County since, indeed, it is submitted that the -proposed change will effect only a small part of the County. With regard to that small part, it is submitted, that the proposed zoning is compatible with the development of that area and the current surrounding uses . 3 . QUESTION : Would the - proposed zoning benefit lands adjoining the area requesting the change? ANSWER: The proposed zoning will have little or no direct effect on the adjoining properties due to the relative isolation of the tract from other development , It can be stated, however, that the proposed zoning -will have no detrimental effect to adjacent properties. 1011 11th Avenue — Greeley, Colorado 80631 — —Telephone (303) 356-5400 Page 2 4. QUESTION: What feature-s apply to the -property requesting rezoning which make it logical to rezone this tract and not to rezone in a similar manner surrounding properties which may have like land use characteristics? ANSWER: This parcel , at the time of its purchase, was separated from a larger tract of land currently being used for agricultural purposes , and of sufficient size for such use to be practical. The current State Law and Sub- division Regulations preclude further separations of this type so that the surrounding properties cannot , without approval, be so separate-d., or subdivided without approval , and without a comprehensive plan. Due to particular circum- stances surrounding this tract , and its development, which circumstances -will be more fully discussed at the hearing, it is submitted that the requested rezoning should be granted in the interest of equity ad justice and that such circumstances do not effect surrounding properties . 5 . QUESTION : Why are other areas in the County already zoned according to the requested classification, unsuitable for the development which is proposed'? ANSWER: There may be , other areas in the _County, zoned Commercial, which would be suitable for the proposed facility. There are -no other tracts in the County under the ownership of the Petitioners which are so -zoned, and so _suit— able. 6. QUESTION: What proof of evidence is available that the original -zoning is faulty or that changing conditions in the area justify rezoning at this time? ANSWER: In addition, to those characteristics previous- ly discussed in the answers to -questions 1 through 5 , the immediate surrounding area is in a period of transition from agricultural to commercial uses as evidenced by the develop- ment less than a -mile East in the vicinity of Interstate 25 and the Commercial Zoning immediately adjacent to this parcel on the West . 7 . QUESTION : Please submit economic or other evidence that the area covered by the petition needs additional commercial or business in the area. ANSWER: No i-n depth economic or -market study or analysis has bean made i-n the County, or in the area immediately adjacent to the subject property. It is submitted that it is not feasible for such studies to be made upon the commencement of a privately owned small business . Recent developments in -the Page 3 area with regard to the installation of an -interstate highway, the expansion of State Highway 119 , and the construction of business establishments in the immediate area indicate that a commercial venture of the type -pro- posed can be successful. 8 . QUESTION: Give some -evidence of the proposed business or _commercial enterprises that are to be located in the requested area and a tentative time schedul-e for construction. ANSWER: There has been significant recent commercial development in the immediate area of the pro- posed rezoning. There is additional commercially zoned land East of Interstate 25 which Petitioner understands will, in the near future, he developed, but no schedule for construction is available to the Petitioner. The Petitioner, for reasons which will be expressed more fully at the hearing , has already completed construction of a restaurant facility on the subject property. /Resp;ectfully submitt-d, L (; LP P. I ARTHUR ROY APR/sao LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN: This letter is to authorize Arthur P. Roy, our attorney , to Execute any and all documents required by Weld County with regard to our rEq_uest for a zon- ing change. ELMER MOORE CLARA MOORE Landowner of Record (1•f.//7i 12 N�/Wei Permit NoF�+'��b3r ��/a g APPLICATION FORWELD COUNTY BUILDING PERMIT Total FeeS 755el-a -e) c75 C7 /� 7L (�/��j� b p /�/ �jJ Date ,^J Owner Z�/IX A,J rte c� Address t '& £� 0 ' 4l/ 133 .-0079 J Phone Contractor Address / Phone Residence ❑ Garage _ "[her 1,9— ` /4O Valuation New Construction O Remodel O Addition 4-Move In Stories_4` -,.� Rooms /`� Type of Construction F.., _ Area: Main FacAr 3-> tw_) sq. ft. 2nd Story sq. ft. Garage //3171° sq. ft. Garditerel Ifnished j ";> eq. ft. Garden level unfinished sq. ft. 1 Basepfet finished sq. ft. Basement unfinished PaftorclabPatio cover R sq. fL sq. ft. Balconies sq. ft. place—buht,jn — Fireplace—prefab ).&G(/YiS J /'L• �� w- LL�LL1�Qit �p/1 Addrejs-sf Proposed Buildim, Legal Description rrO y SW�`o -P >LC 3 7 2 ,,:r f- CO r� �� / // /r Frontage of Lob' Area of Lot 7‹' aY_ALdr Zone Set Backs: Front �� / Right Side J�L("//L//` Left Side — (R,e_ar� Q Frontage on Public Street or Road Name or No. v 1/J Sanitation Permit %Le Remarks: Electrical Permit Plans drawn to scale should be furnished with application. Plans shall include a front elevation, foundati plan, floor plan, a sec- tion through the building showing construction details, and a vicinity plan. Uniform-Building Code t Section 902 (d) Expiration. Every permit issued by the Building Official under the provisions of this Lode shall expire by limitau and become �dlj�nvoid, if the building or work authorized by such permit is not commenced within 60 days from the date of such permit, or if the •'ng or work • iby such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work a mommenAed, a n e permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work. Pp no ?gages h • been made or will be made in the original plans and specifications for such work; and provided, further, that such supensin . ment has noj exceed one year. t f r Construction as per approved plans. Contractors shall notify the building inspector at least seventy-two (72) hours in advance for the f• "• n inspe ns: - INGS BEFORE POURING - FOUNDATION BEFORE BACKFILL - FRAME BEFORE LAT-HINt L THING B PLASTERING — FINAL, and shall receive approval before proceeding with the job. Phone 3532212, 7. / `t! hereby certify that the above information is correct and agree to construct this building in accorda e with the plot, 'building plans and specifications submitted herewith, and in strict compliance with all the provisions of the Zoning Ordinance, Building Code, Electrical Code, and Health and Plumbing Regulations o the ounty of Weld and State of Colorado. Owner/Agent c,/ Z O e231 /Z 3 J ZONING CASE # 261 :75:12 Location Pt. SWQ Sec. 3 T2N :t68W Agenda date October 7, 1975 Date September B, 1975 RE : Zone Chmge From : A To : "B-UD" The Zone Change for Elmer Moore (does ) (d —ot ) meet with the requirements of the Weld County Health Dep-artment . The Weld County Environmental Health Services recommends that this requ-est be (approved ) ( - d ) Remarks : Yours truly , Environmental Health Services WELD ' COUNTy COLORADO For Action To Planning Commission October 3 , 1975 I I For Info To Date I I I I Your Action Or Reply Is Required For L�1mer Moore Chancre On Or Before of '[.ruin Comments dated June 3, 1974 still apply to the above referenced change of zone . Gilman L . Olson y s�F " �s q,�'c,""'v."T^{.d: � ws, �w,.�= .«f - 4 f aT„-�;vvi' �rt�.r[ ,yo c�s""` ',a" "a 'ri .+e'ha Yf.` '. `+``; c `a. �� a., Lima�:" t$- .x _ ,�-.eJ'' ...r -anA F+,r r.....[E?w�c. ,trh}a'�s�*c '? y,C^ `a.{' -44s. '1?. . R y t Cat'^ �n O1 ♦ e ..r. ' e e � 4u r � Y yeJ; t Jrp 3�5+�'yW Cy({. ' Y �ut", cyi n+F>,,,y. M x u. *lLnw„ y�'F�v]y'P.� '' k. t'�k'o-+r n x. q T lri 4 +`C w„w tiYN'M.3. �.cut", p G,YXf S 'k14 F Q h .A / ! b +,. Y4 1 n. �. Y ' va d,��s +*F c,�� <} -.?Y` �A ` �"r x'�.. . Wt 'tr J .-awh ,psl.m x. 'Z `h'.Y Vey.,b: -, ' r`qr -.tt �}" a?t�.. r ',w 'r+ay^." • • 3 r . s•''• ;.�<L�rv� rer.*> acy� y . y.-A� .1/4„ y.Syr r •v t [,•� ". ,4 4. ' • a2°rf re .y Ra'"lx4 Y,x. �++c. .,k yya r "^ v„ 4w 1k r e: s '\.:. +k, 'wFo:"t. "� '�..'a 'UsC..ro�wbi w . � '%;o ,fw N1� d c Ski c•.y.�,,, REED COUNTY ENGINEERING DEPARTMENT r _1N REVIEW Project Name 7//,7)--73-2--c: l LAC Location / aziy l /! 7- / Type of Review: Zoning Change Special Use Conditional Use Subdivision Date of Hearing by Commission Subdivision Supervisor Comments: County Engineer' s Comments: 7-r7,74_,,_ subdivision Supervisor `tour ,.y snineer Date Date Z / Form ;rl 5/22/74 .: .:-1.... - __ - _ rELD COUNTY ENG.:IEERING DEPART' -1- PI AN REV!E'.• By Ca te Drainage /--;.- -:.1,,% ,., r.� _ .i.-.r-= • �%;ter,-�. L.-t..'.:.G!.�...�-;�.L_,,,_,.... de . 7 •�, .,.....,.....„...-t_......,....„,./. "7 �/I-��f• r ��...,...r...-/z...--:-/,,t‹. ...4./..4............._. , �.`.'S ,.`://.3.„Y` ....":„."1 ------) ....‹../ ./ ?..._...".. . ,- .0.---4-4-, ....<../ 1-4••• ......7,,,t -1". Exterior Roads I I • 4 I I I l r , I interior Roads At 4,:' , r'J 4._., A,'".:e.,.e I 9 -L-d.J .^ -.!--.‹...-•-_-, J ...-1....t-4-..,"...,4-' ,�.�1 I Grading I_ 1 1 I I ' 1 I access ......-1 .i 1 %?ter..,,,../..,% �� _.'max— . ._>_ I /��1LC - '//.►.,-�-� _.",....e.%)"? %t_. ._� ,.e-'t./rt-e /-.2.-41,7._—:., ' �'� `+, /' /* -----/S.1 ----(7-74. 41-',-2,r V r ! other `'Z/�1`'' - _ _ ,_; _- i�.�-. -c� _ H I # i I i 4 —I f _ I d 1 1 I Form 1 5/221/ •••••;:•:;:.-.77-•• •r. •A•� •—...._ . w..wr �..�.'I�"wK':*rrk:!+,^'Alxl.rJitT�-nr•-.y t:; . '�,••? ,, r+'• Y. :.y*, yam;•.a.- i. .'t .1.,,el:......'.. .!':1i' :f•,t' ,•,,,r,....44,4...-. 0.: ..'""..t7,.�.' �""^.:' . � .1. � �� •�. ??..71""1"7"' `""�RMa�w��«.}.r�.-�-R.w...ay. ..mow, 1 STATE DEPARTMENT OF HIGHWAYS CON F. SHEA • EXECUTIVE DIRECTOR DOH-FILE -04-41 STATE OF COLORADO DIVISION OF HIGHWAYS DISTRICT 4 is N. HAASE '�-- DWIGHT M. BOWER CHIEF ENGINEER DISTRICT ENGINEER P. O. BOX 850-1420 - 260 ST. • GREELEY, COLORADO 80631 • (303) 353-1232 September 23, 1975 Weld County S.H. 119 Moore B.U.D. Corn Construction Gravel Pit Weld County Planning Commission 1516 Hospital Road Greeley, Colorado 80631 Gentlemen: The Colorado Division of Highways has reviewed the request from Elmer Moore for a change in zoning from "A" to "B-UD" and the request from Lloyd W. Peterson for a special use permit. The Division has the following comments. Moore Business Unit Development Plan Along S.H. 119 Vest of I 25 Although it is not within the jurisdiction of the Division of Highways to approve or disapprove zoning changes, we are -concerned with certain aspects of the subject development and would request that the Planning Commission give -serious consideration to seeking -solutions or ameliorating tome of the following concerns. 1) The building is too near the traveled lane to meet minimum noise setback for commercial buildings. A noise study should be made to determine if construction of a noise berm or struc- tural design changes -would reduce the noise pollution problem. 2) Adequate room is not available to construct a frontage road be- tween the Highway Right of Way and the building. We, here in the District office are concerned that some type of provision is not being made (if continued zoning of this type is to be permitted in this area) to anticipate how traffic -and local access to the land or future developments will be taken care of. It should be noted that the portion of S.H. 119 between I 25 and Longmont is acc-ess-controll-ed _and openings to the highway are limited and unless a system of frontage roads or internal roadway systems are developed, then the remainder of the land becomes landlocked. TILL Weld County S.-H. 119 Moore B.U.D. Corn Construction Gravel Pit Weld County Planning Commission Page Two September 23, 1975 3) The present 30-foot across opening -vas initially designed to meet agricultural use. However, it will be adequate for light traffic, but not meet heavy commercial demand-s. The Developer should also be aware that there is no median opening across from the access opening. Corn Construction Company - Sand and Gravel Operation Lloyd Peterson - On Weld County Toad 7 off £.H. 119 West of I 23 It will he correct to assume that a sand and gravel operation will affect the intersection of County Road 7 and S.H. 11-9. It will increase the number and types of turning movement-s at this intersec- tion. When S.H. 119 was constructed, accel-decel lanes were not built, but the -right shoulders were widened to allow for easier turning. If the type of operation proposed is to use semi-truck -and trailers for transporting material, this intersection should be upgraded to include accel and decel turning lanes on the north sides of both through lanes. This would -curtail the hampering of through traffic by the slowing down of trucks preparing to turn onto County Road 7 or the trucks ac- celerating onto S.H. 119. Accel-decel lanes would be a major benefit to vehiolas turning to and from the gravel operations. It is the Division's recommendation that due consideration be given by the County to _requiring the developer to provide the installation ofsuch lanes. Also, the shoulder radii of the intersection are now too sharp to allow smooth turning of semi—tractors and trailers. It is the Division's recommendation that the County also give -due consideration in requiring the developer to provide upgrading of turning radii to a minimum shoul- der radii of 50 feet. All of the above improvements should meet the Division's require- ments a-s well as any that Weld -County-may have as to provide for the traffic movements at this intersection. Enclosed please finds copy -of the Division's General Statements on subdivisions. y 11I 11 uVF Weld County S.H. 119 Moore B.U.D. Corn Construction Gravel Pit Weld County Planning Commission Page Three September 23, 1975 Thank you for allowing the Division to review the foregoing. Very truly yours, DWIGHT -M. BOWER DISTRICT ENGINEER ✓ C , l��J��9.�Gw�r Albert Chotvacs Assistant District Engineer AC: jm cc: D. N. $raser File - Graham w/encl. via Finch-Crier-Patrick Vi ilf CIF I V �+�( 4 - 1,( RICHAPD D LAMM $" '}TFD VAN PERhIDi3f' y �, ,I JOHN W. ROLD c.` Governor Director "KE \N�_N� COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 254 COLUMBINE BUILDING — 1845 SHERMAN STREET - • DENVER, COLORADO 80203 PHONE-892-2611'° October 3, 1975 - Mr. Thomas Honn Weld Co. Planning Commission 1516 Hospital Road Greeley, Colorado 80631 Dear Mr. Honn: RE: MOORE BUSINESS UNIT DEVELOPMENT We have reviewed the rezoning request by Elmer Moore. It is apparent from our aggregate _resource mapping and its proximity to aggregate operations that the tract in question is underlain -by high quality sand and gravel. Whether or not it is commercial depends an whether or not this land might be combined with adjoining property in a common gravel operation. As it is, the tract appears too small to be economic. Were the land used for the proposed purposes, it would certainly effect the commerciality of adjoining property as a result of land use conflicts. On this basis we do not recommend approval of this rezoning. Sincerely, C, David C. Shelton Engineering Geologist cc: Land Use Commission DCS/jp V GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE TIT 11 • y2'.6ou Q 6 �l Freese Ceing_nceringy ENGINEERING CONSULTANTS MAILING ADDRESS: BOX 91-3 JASPER "JAY" FREESE OFFICE: 815 16TH AVENUE REGISTERED PROFESSIONAL ENGINEER GREELEY, COLD. 80G31 REGISTERED LAND SURVEYOR PHONE 352-0100 September 11, 1974 Mr. Gary Fortner Weld County Planning Director Greeley, Colorado 80631 Subjects Moore B.U.D. Dear Mr. Fortner: This letter is written in response to two questions raised by the planning staff -in respect to the Moore B.U.D. First the question concerning sewage disposal. I spoke with Mr. Glen Paul of the West County Health Department on Tuesday, September 10, 1974. _It is my opinion that Mr. Paul would accept either a package plant (Nayadic Sciences Inc., or equal) or a properly designed and engineered septic system taking into account the high water table. The system also should be located so as to be more than 100 feet from the well. The second question is in respect to the flood plain. The proposed construction is probably in the fringe area of the flood plain. It is my opinion that the structure poses only a minor obstruction problem to the flood plain and would suffer only minor problems in the event of a major (100 year or more) flood. It is located more than one-quarter (w) mile from the main channel of Idaho Creek which is a relatively small stream. If there are additional questions I can answer please call me. Sincerely \ JDsp' Freese 4 ' k JFsmas ccs Mr. Glen Paul Weld County Health Department IT VII GENERAL. STATEMENT Development Proposals* and subdivision of land, as a general rule, necessitate increased'approaches o,.tothe servicing highway. This factor, plus the in- creased intensity of use of the land, adds to the traffic volumes. These are two prime factors (in addition to other lesser factors) which tend to down- grade the serviceability (capability) of the existing roadway to handle the traffic. Uncontrolled access allowing unlimited approaches onto a highway is particularly damaging to the service_abil.i.ty of a roadway with each turning move- ment creating turbulence in the traffic glow pattern. As the serviceability of the roadway decreases, the demand by tho traveling public for up-grading, widen- ing, or multi-laning of the roadway increases. Forestalling or possibly even eliminating this need for up-grading can be greatly influenced by the input and control exercised in the -planning process. However, if up-grading ultimately becomes mandatory, the possibility of accomplishing the up-grading can be greatly enhanced and the cost to the highway user greatly reduced by this same process. Therefore, we feel that as Development Proposals are permitted along the State Highway System due consideration should be given to the items listed on the attached sheets. *Development Proposals: Any land use activity requiring official action or in- action of a public entity, by a board of public officials , or a commission in- cluding, but not limited to: requests for zonings; re-zonings ; planned unit developments; subdivision plats; re-plats; exemptions from subdivision regu- lations; gravel extraction permits; the formation, expansion or alteration of special districts; variances; special exceptions or appeals. i I RIGHT OF WAY REQUIREMENTS Due consideration should be given to the preservation of at least the minimum right of way that will -Be required for improvement of the highway to handle the increased load. Our traffic projections for State Highway 1i9 through this area would indicate the need for a mini;ri,m of * g4)42._ feet of right of way (* /OO feet each side of centerline) . We request that any additional width to meet this requirement, above our pre:-nit right of way, be protected either -by reservation, setback, Dr dedication (preferably the latter) as local zoning laws and regulations will permit. *District Office will provide actual figures for the subject highway. These figures are based on the type of roadway section required which in turn is based on present and projected -future traffic volumes. As a general rule, the minimum figures for right of way widths are a total of 150 feet (75 feet each side of centerline) for Federal Aid Primaries and 120 feet (60 feet each side of center- line) for Federal Aid Secondaries. Where zoning is to be of a type (Highway Business in particular) that will create a high intensity of vehicular use, serious consideration should be given to the development of a frontage or service road system. The object being to reduce the number of approaches onto the main arterials. A good frontage road system gener- ally requires an additional 50 feet of right of way. This provides for a 30 foot roadway and a 20 foot buffer strip between the arterial lanes and the frontage road. This buffer strip in addition to providing separation between lanes of traffic can be utilized for roadway signing, utilities , lighting, landscaping, turning radii, etc. ti 11 I. RIGHT OF WAY R`:QUIREMENTS (continued) Where zoning is being up-graded to a higher use and a frontage road becomes desirable, serious consideration should he given to having the construction of the frontage road become the responsibility of the developer at his cost. Where the Comprehensive Plan for an area indicates the desire or need for other amenities, such as sidewalks, bicycle paths , noise berms , landscaping, etc. , due consideration should be given on an individual basis as to what additional right of way widths are required to accommodate these amenities. III El 1 NOISE AND AIR CONSIDERATIONS Since the advent of the Environmental Protection Act , it has become necessary to take into consideration what the impart will be upon the noise and air pollution levels at the site of the contemplated improvements (houses, businesses, etc.) caused by the traffic on the highway adjacent to the Develop- ment Proposals. In the case where such Development Proposals are being con- templated along an existing highway; we feel , that in the total planning process , the developers submitting the Development Proposal should bear the responsibility to provide those abatement measures that might be required to meet the minimum standards. For meeting noise standards, our experience and testing to date indicate that, in general, residential improvements should be setback a minimum of 150 feet to 200 feet from the nearest travel lane and business improvements should be set back a minimum of 100 feet to 150 feet from the nearest travel lane, unless some other type of noise abatement measures (walls, earth berms, noise insulated walls and windows, etc.) are constructed. As might be expected, the degree of air pollution decreases as the distance from the source increases; although this item consists of so many variables, we do not presently have any definitive parameters to go by. In Development Pro- posals such as hospitals, private residences, etc. , where air pollution is a sensitive issue, the best course of action would be to keep them as far away as possible from air pollution sources, y TEE III r DRAINAGE PEQUIREMENTS Oitentimes, Development Proposals change the run-off factors and increase the drainage structures required to handle the increased water flow; therefore, due consideration should be given to how this additional drainage will be disposed of, particularly if this additional flow is anticipated to be of such pro- portions that additional or larger drainage structures will be required. If in the site improvement for the Development Proposal it is anticipated that the land will be leveled or re-contoured , it should be noted that the Division of Highways will not permit drainage to flow into the borrow ditches from adjacent land unless it has historically done so, Also, drainage from sewage lines, sewage ponds, or other waste water will not be permitted to drain onto the highway right of way. 11 DRIVEWAY PERMIT REQUIREMENTS We request that the number of approaches (driveways) be kept to a minimum and present approaches be utilized whenever possible. Approaches onto streets or roads, other than the main arterial , should be considered as alternatives to approaches onto the main arterial or highway. On those approaches actually contemplated, consideration should be given as to how they will fit into a grid system and , when possible, a uniform spacing provided. A uniform spacing pattern will greatly simplify timing for an orderly progression of traffic light phasing if and when the need arises for traffic control signals. However, in all instances where new approaches or alternations of approaches entering onto State Highways are contemplated, the Division of Highways re- quires that a permit be obtained prior to any construction or re-construction of the approach. These permits are available thru the District Maintenance Superintendent located at 1420 Second Street, Greeley, Colorado. �l�' lull Division of Highways, State of Colorado 11 DOH DOH Fo'm No. 101 Revised - April, 1973 Copy Distribution l[hitc—Appslicant District No l< Ilow—Mtee. Superintendent Mtce.Sec.No Rluc—N1tcc, Engineer State Highway Green—Mtce. Patrolman Permit No Pink—Utility Inspector IUG 2 : :;ET'Q DIVISION OF HIGHWAYS STATE OF COLORADO APPLICATION FOR DRIVEWAY PERMIT Application Date June 9, ._-, 19.75.... MP &.-MC.s.,_.Elmer. N0OC.e (herein called "Applicant") hereby requests permission and authority from the Division of Highways to construct a driveway approach(es) on the right-of-way of State Highway Number 119 adjacent to his property located on the North side of the highway, a distance of 90 mile(s) from (Direction) West Int. I-L5 & Colo, 119 for the purpose of obtaining access to Restaurant (Hoed dad, City Limit,or convenient landmark) (Srete nature of business) Applicant submits herewith for the consideration and approval of the Division a sketch (or blueprint) of the proposed installation showing all necessary specification detail including (1) frontage of lot along highway, (2) distance from center- line of highway to property line, (3) number of driveways requested, (4) width of proposed driveway(s) and angle of approach, (5) distance from driveway to road intersection, if any, (6) sire and shape of area separating driveways if more than one approach, and (7) setback distance of building(s) and/or gasoline pump island(s). The applicant binds and obligates himself to construct and maintain the driveway approach(es) in accordance with the provisions, specifications, and conditions enumerated in this document. GENERAL PROVISIONS FIRST: The Applicant represents all parties in interest, and affirms that the driveway approach(es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the highway right-of-way. SECOND: The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s) and its appurtenances on the right-of-way. All work shall be completed within 30 days of the Permit date. THIRD: The type of construction shall he as designated an!lor approved by the Division of I liglrvai s and all material.: used shall be of satisfactory quality and subject to inspection and approval by the Division_ FOURTH: The traveling public shall be protected during the installation -sill) proper warning signs and signals and the Division of Highways and its duly appointed agents and employees shall he held harmless against any action .for personal injury or property damage sustained by reason of the exercise of the Permit. FLFill: The Applicant shall assume responsibility for the removal or clearance of snow, ice or sleet upon any portion of the driveway approach(es) even though deposited on the driveway(s) in the course of the Division's snow removal operations. SIX I'II: In the event it becomes necessary to remove any right of-way fence, the posts on eithr r side of the entrance shall he vecurid y braced before the fence is cut to prevent any slacking of the remaining fence, and all posts and wire removed shall be turned over to the District representative of the Division of Highways. SEVENTH: No revisions or additions shall be made to the driveway(s) or its appurtenance= ma the right of way without the written permission of the Division of Highways. EIGHTH: On those highways along which access rights are restricted or for whir'h service roads have I ern constructed, driveways shall connect only to the service marls and not to the main traveled highways. I�f F (Do not fill in) In signing this application and upon receiving Division authorization and permission to install the driveway approach(es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provi- sions and conditions and agrees to construct the drivewayi s) in accordance with the accompanying specification plan reviewed by the Division of Highways. 2o221 l_j'/� Signed: /� yx�-2 -.17&2-2.- (Owner) Y - Address: �� Se2 a7f��e'� 6 (J7 Phone: PERMIT GRANTED THIS -T,1Y F - , �r-<�� , 1.9 Z'S,SUBJECT TO THE - - PROVISIONS, SPECIFICATIONS, AND CONDITIONS STIPC TAT I3D HGft7CIN,-" �- DIVISION OF HIGHWAYS, STATE OF COLORADO E.N. HAASE, Chief Engineer By: G�� L- By: �D 1'7 , Maintenance Superintendent District Engineer NUKE TO APPLICANT: This permit shall he made available at the site where and when work is being done. ar'COUNTY ROAD 7 U ONE URtvewAV 4 435'I 35, Oar cj acs, / ,-R-O-W LINE ASPHALT - 411-1 at pc EDGE Or PIrM -CM2O3365,s Ler ,ri COLO, STATE NWY 1/9 • 1.4-- c EXISTl NIG AC ,ES5 A E-Sfrist sTA-2984-2S 6.1 Nom-O APPLICANT PLEASE NOTE: The above space is provided for a work sketch or drawing of the proposed driveway(s)• No application will be accepted or processed, nor permit granted, without the required specification plan or blueprint. (Specifications OH Reverse Side) MOORE REZONING APPLICATION HISTORY OF DEVELOPMENT Date : December 15 , 1971 Event: Purchase of "Pipefitter ' s Fabrication Shop" from Ebasco, Inc. at St. Vrain Power Station. Verification: "Gate Pass" dated December 15 , 1971 for removal of building. Date : January 6 , 1972 Event: Purchase of "Carpenter Shop" from Ebasco, Inc. at St. Vrain Power Station. Verification: "Gate Pass" dated January 6 , 1971 for removal of building. Date : April of 1972 Event: Negotiations for purchase of subject tract. Verification: Contract for purchase dated April 27 , 1972 . Date : Prior to April 27 , 1972 Event: Moore ' s checked with Weld County Planning Staff as to zoning of parcel and found out it was zoned "C" . Verification: Testimony of Elmer and Clara Moore. Date : April 27 , 1972 Event: Specific Performance contract on parcel entered into by Moore ' s and seller. Verification: Contract dated April 27 , 1972 Comment: Purchase price$12 , 000. 00 which is $2948 . 00 per acre. Date : May 1 , 1972 Event: Application for Building Permit Verification: Building Permit No. 2563 : 72 : 263 Comment: Building Permit shows zoning "C" and map was attached showing location. Permit for move-in building. Date: May 3 , 1972 Event: Inspection of structure at the Power Station to be moved in. Verification: Notation of inspector on the green copy of the building permit. Building permit noted with "OK" on front and initialed on same date. Date June 19 , 1972 Event : Closing on purchase of tract. Verification: Warranty deed to Moore' s dated June 19 , 1972 from the seller. Date : August 15 , 1972 Event: Footings Inspection Verification: Notation by inspector on green copy of Building Permit r-- :....r ,� fit\ <r y r lJ P �t.Wv' k wd „ .,v y: �. ✓'�. jsti ..;, krsl`' "'` `o°.�� ^+:.,. MOORE ZONING ARPLIC.l CON HISTORY OF DEVELOPMENT - Page 2 Date : February 13 , 1974 Event: Renewal of Building Permit Verification: Notation on green copy of Building Permit and Moore check for $12. 50 issued that date to the County. Comment: The Moore' s remember discussing their change in plans from a move-in structure to a concrete building with the building department but cannot specifically recall whether this discussion occurred on February 13 , 1974 or April 10 , 1974. The result of this discussion was a verbal "OK" to the change in plans and, Mr. Moore recalls , a notation on a building permit. Date : April 5 , 1974 Event: "Red Tag" issued on site to stop construction. Verification: Date on "Red Tag" Comment: "Red Tag" states on face that a new permit is needed, which could be because posted permit had expired or structure variation. There are notes on the reverse side of the tag but they are incomplete due to tear off portion and it cannot be clearly determined what they refer to. Date : April 10 . 1974 Event : Application for Individual Sewage Disposal System made to the Weld County Department of Health; Application for Liquor License made to the Weld County Commissioners; and books purchased from the Weld County Building Department. Verification: Records of the Weld County Commissioners as to date of notorial on Liquor License Application, Records of Weld County Department of Health- copy of application with signatures of health department personnel, and Moore check to County for books. Comment : See comment for February 13 , 1974 . The Moore' s state that they found out they had a zoning problem as a result of the Liquor License application and there is a notation on the Commissioner ' s file "Zoning" . Date: June 10 , 1974 Event: Application for rezoning filed Verification: Records of the Weld County Planning Commission and date of notorial on application Date : June 27 , 1974 Event: Hearing before the Weld County Board of Adjustment for variance from five acre requirment for BUD. Verification: Records of the Weld County Planning Commission Comment: A variance was granted to the extent of one-half acre which was not sufficient to qualify the tract for BUD. This variance was not sufficient and cause recurring questions through out the remaining hearings. '~••-`si � ^:r.,, (.„, - r �A`k,: a`d �.?- �, v. . . :¢ ,y �r� ��'^" �3, �r: � A'.�" .A ��`�„y-°r"°w�",.. ' ii MOORE REZONING APPLICATION HISTORY OF DEVELOPMENT - Page 3 Date: July 2 , 1974 Event : Hearing before the Weld County Planning Commission. Verification: Records of the Weld County Planning Commission. Comment: Board recommended denial of the application. Date : September 9 , 1974 Event : Hearing before the Weld County Commissioners . Verification: Records of the Weld County Commissioners and resolution dated November 13 , 1974 . Comment: Denied Application. It is difficult, memories being what they are, to accurately correlate the construction of the building with the above-referenced cronology of events. It is clear, from the slides in the records of the Planning Commission that in late June of 1974 , or early July 1974 the walls of the structure were up. From the Moore ' s records it appears that the labor for the floor and walls was paid for in mid to late May of 1974 and that the labor was paid when complete. The materials for the walls and roof were also paid for in mid to late May but were ordered sometime previous to the payment and time must be allowed for fabrication, delivery, and normal billing cycles of the suppliers. The labor for the installation of the roof was paid in late August 1974 . It should also be noted that most of the labor performed on the building by persons other than the Moore ' s was performed on a evening and weekend basis as additional work for the craftsmen involved. �" �^>Lt. . ° \s 1"r ^ > ,k. °+..,.P+' :c., ar 4'`•j'Y., rpw do :e i r k ,; NAME Ellie! Iloore FEE $ 125 . 00 pd • ZONE NUMBER : Z-247 : 74 : 13 ZONE REQUEST : "A" to ' 1 —(/_//) DATE BY APPLICATION CHECKED BY ZONING INSPECTOR FILE ASSEMBLED 6/ 10/74 • lj LEGAL DESCIPTIDN CHECK BY CO . ATTORNEY 3/7/ - (Q/ AIRPHOTO 70,2.„( E.-)..6.4-c- (7. �� I!• /f•;IjI - 4- VICINITY MAPNPREPARED 4' t3.74d of SURROUNDING OWNER'S" NAMES • G 6/3.74' PLANNING COMMISSION HEARING DATE SET 1/5/7 OTHER AGENCIES NOTIFIED /5/7,'/ SOILS REPORT WATER CONTRACT OR LETTER OF INTENT COPY OF APPLICATION TO COMMISSIONERS �/• OFFICE FOR PUBLICATION /_ ?ci r� COUNTY COMMISSIONERS HEARING DATE SET FIELD CHECK c- L-- STAFF REPORT, PLANNING COMMISSION HEARING //7 PLANNING COMMISSION RESOLUTION /1/,-.F/7c./ COUNTY ATTORNEY CHECK RESOLUTION & LEGAL NOTIFICATION OF SURROUNDING OWNERS BY CERTIFIED MAIL COUNTY COMMISSIONERS ' .HEARING COUNTY COMMISSIGNER' S RESOLUTION PLANNING COMMISSION MINUTES RECORDED • MYLARS CHANGED PLANNING COMMISSION DECISION (APPROVED (7 DENIED /- )TABLED) COMMENTS AND ACTION TAKEN ( NAME Elmer Moore FEE ZONE N ;r.3ER: Z-261 :75:12 ZONE REQUEST : "A" to "B-UD" APPLICATION CHECKED BY ZONING INSPECTOR DATE BY FILE ASSEMBLED 9/8/75 JSM • LEGAL DESCA PTION CHECKED BY CO. ATTORNEY AIRPHOTO - 9-r6-7 (A-V3 VICINITY MAP PREPARED SURROUNDING OWNER'S NAMES _16 /3 FLANNING COMMISSION HEARING DATE SET . 10/7/1975 JSM J OTHER AGENCIES NOTIFIED ��/rS �, SOILS REPORT / WATER CONTRACT OR LETTER OF INTENT ✓ ;) S iY) COPY CF APPLICATION TO COMMISSIONERS -� OFFICE FOR PUBLICATION COUNTY COMMISSIONERS HEARING DATE SET FIELD CHECK STAFF REPORT PLANNING COMMISSION HEARING /C 0/24 PLANNING COMMISSION RESOLUTION Ay.). ,.)�75 COUNTY ATTORNEY CHECK RESOLUTION & LEGAL NOTIFICATION OF SURROUNDING OWNERS VT"- A / CERTIF'IED' MAlt- 47/11/2S //1 2S COUNTY CCiCIISSIONERS ' HEARING -CCJNTY COMMISSIONER' S RESOLUTION PLANING COMMISSION MINUTES /(7/.(// RECORDED MYLARS CHANGED PLANNING COMMISSION DECISION '1APPRO VVED- DENIED - TABLED) COMMENTS AND ACTION TAKEN NAME Elri,er Moore FEE $ 125 . 00 pd ZONE NUMBER : Z-247 : 74 : 13 ZONE REQUEST : "A" to ' " DATE BY APPLICATION C-NECKED BY ZONING INSPECTOR FILE ASSEMBLED --_- • Ty 6/ 10/74 lj LEGAL DESC, IPTION CHECKED BY CO . ATTORNEY \-9(4-'7 / 24', - AIRPHOTO ' r • AA• VICINITY MAP -PREPARED G" /3'7 SURROUNDING OWNER' S NAMES G •/3. PLANNING COMMISSION HEARING DATE SET OTHER AGENCIES NOTIFIED SOILS REPORT WATER CONTRACT OR LETTER OF INTENT COPY OF APPLICATION TO COMMISSIONERS h OFFICE FOR PUBLICATION /�J�/7 c--- C3nTY COMMISSIONERS HEARING DATE SET FIELD CHECK t STAFF REPORT PLANNING COMMISSION HEARING ` '- PLANNING COMMISSION RESOLUTION Z•5`2 V COUNTY ATTORNEY CHECK RESOLUTION & LEGAL NOTIFICATION OF SURROUNDING OWNERS BY CERTIFIED MAIL COUNTY COMMISSIONERS ' HEARING 9/9/7c/ COUNTY COMMISSI1NER' S RESOLUTION Ph 3h PLANNING COMMISSION MINUTES t,17 0/.)? RECORDED MYLARS CHANGED PLANNING COMMISSION DECISION (APPROVED ( DENIED )TABLED) COMMENTS AND ACTION TAKEN Mailing List Z-261 Zone Change George Adams, Jr. Rt. 4, Box 162 Longmont, Colorado 80501 Carolyn A. Hamm, etal . c.o Richard Hanzen 1230 3rd Avenue Longmont, Colorado 80501 Anthony Heaton Rt. 4 Longmont, Colorado 80501 Gerald Bacon, etal . Rt. 4, Box 163 Longmont, Colorado 80501 Edwin Anderson Rt. 1 , Box 303 Longmont, Colorado 80501 Willard Carnett ./o James D. Erickson Rt. 4, Box 1608 Longmont, Colorado 80501 Distribution Holdings, Inc. 1901 Bell-Avenue Des Moines, Iowa 50300 Eva Rademacher Rt. 4, Box 1604 Longmont, Colorado 80501 Carl Adler 853 3rd Dr. Longmont, Colorado 80501 Milton L and Edwin S. Kahn 6750 E. Eastman Avenue Denver, Colorado 80222 Karl Schmuser Rt. 4, Box 58A Longmont, Colorado 80501 David Camenisch Rt. 4, Box 160 Longmont, Colorado 80501 II Hello