HomeMy WebLinkAbout810010.tiff 945 1867135 AUG 2 4 1981 �j �jt.90
BOOK RECEPTION' DATE TIMF / °sb/i'
_,»MARY ANN FEUERSTEIN, Clerk and Recorder, Weld Courtly, Colorado
5 /
944 1t366Ot`3Z AUG 1 2 1981
(DJ CD BOOK RECEPTION DATE TIME /pot
MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County, Colorado
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RESOLUTION
F /
RE: GRANT CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO I-IPdDUS—
e TRIAL DISTRICT FOR ROBERT FRANK, P. O. BOX 242, KERSEY,
COLORADO 80644
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
o o Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado , and
o WHEREAS, a public hearing was held on the 27th day of May,
o
1981 at 2: 00 o ' clock p.m. for the purpose of hearing the petition
of Robert Frank, P. O. Box 242 , Kersey, Colorado, for a change of
zone from A-Agricultural District to I-Industrial District for the
following described parcel of land, to-wit:
A parcel of land located in the Southeast
Quarter of Section 19 , Township 1 North,
Range 66 West of the 6th P.M. , Weld County,
Colorado being more particularly described
as follows:
Beginning at the Southeast Corner of said
Section 19 and considering the East line
of said Southeast Quarter as bearing North
00°00 ' 00" East, with all other bearings
contained herein relative thereto;
Thence North 00°00 '00 " East, 1340 . 00 feet;
Thence North 89°45 ' 00 " West, 1849 . 80 feet
to the True Point of Beginning;
Thence North 89°45 ' 00" West, 370 . 70 feet
to a point on the East R.O.W. line of U. S.
Highway 85 ;
Thence North 05°46 ' 27 " West, along said
R.O.W. line, 504 . 59 feet;
Thence South 89°45 ' 00" East, 423 .66 feet;
Thence South 00°15 ' 00" West, 501 .80 feet
to the True Point of Beginning.
Said described parcel of land contains
4 . 575 acres , more or less, and is subject
to any rights-of-way or other easements
as granted or reserved by instruments of
record or as now existing on said described
parcel of land.
WHEREAS, Section 81 of the Weld County Zoning Resolution
authorizes the Board of County Commissioners to grant a change
of zone upon the showing by the petitioner of certain facts, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the petitioner and the recommendations of the Weld County
Planning Commission, and having been fully informed, feels that
the request for a change of zone should be approved for the
1866(18' 945 1867135
944
BOOK............ RECEPTION...-..-------------- BOOK RECEPTION
-a 5%1
following reason: Because of the historical development of the
property, uses permitted in the A-Agricultural Zone are economi-
cally unfeasible.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the petition of Colorado
Landfill, Inc. for a change of zone from A-Agricultural District
to I-Industrial District for the above described parcel of land
be, and hereby is, granted for the reason as stated herein and
subject to the following:
1. The document entitled "Notice of Site
Conditions and Declaration of Restric-
tions. "
2. Dedication of 30 feet along the southern
property line.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
May, A.D. , 1981.
l -J� f� `j BOARD OF COUNTY COMMISSIONERS
ATTEST: � ' Iat ('d i.w7 Ltest� WEL C UNTY, COLORADO
Weld County Clerk and Recorder (Aye)
F Clerk to the Bo d uck Carlso , Chairman
g
41_,) et (` (Aye)
_peputy LCoun y Clerk /, Norman Carlson, Pro-Tem
AP / D AS TO FORM: ABSENT DATE SIGNED (Aye)
C. Kirby
County Attorney 7 (Aye)
n T. Mart n
ye)
e K. S inmark
DATE PRESENTED: JUNE 1 , 1981
1867135
945
BOOK_ RECEPTION --•-«
S3
NOTICE OF SITE CONDITIONS AND
DECLARATION OF RESTRICTIONS
THIS INSTRUMENT is made and executed this 3rd day of
June, 1981, by ROBERT FRANK, hereinafter called "Declarant. "
RECITALS
A. Declarant is the owner of that certain real property
legally described in Exhibit "A" which is attached hereto and
incorporated herein by this reference. The entire parcel described
in Exhibit "A" is hereinafter called "the property. "
B. Several years prior to the date hereof , portions of
the property were open pit mined for gravel deposits. Some time
subsequent to completion of gravel mining, the portions of the
property which were mined were filled with trash while the
property was operated as a designated sanitary landfill .
C. In late 1980 , the portions of the property which were
used as a sanitary landfill were completely filled and covered
with a porous overburden and the landfill was closed in com-
pliance with regulations of the State of Colorado and Weld County.
D. Declarant is aware that the property poses special
difficulties with regard to future use and development. Any
improvements constructed on or under the property will have to
be designed and constructed to allow for potential surface
subsidence and venting of gases (primarily methane) which may
form in the subsurface.
E. Declarant intends hereby to give notice to future
owners and users of the property of the facts recited herein
and to impose certain restrictions on the future development
of the property so that anyone who desires to construct improve-
ments thereon will design and construct such improvements in
such a manner that gas and subsidence conditions will be pro-
vided for.
NOW, THEREFORE, Declarant does hereby give notice of the
matters recited above and does impose the following restric-
tion as covenants which shall run with and be a burden upon
the property.
1. The foregoing recitals are incorporated herein as if
set forth at length.
2. No owner, lessee, permittee or licensee shall cause
improvements to be placed in, or under the property without
first submitting an application for a building permit to the
county or municipality having jurisdiction. Such permit
application shall be accompanied by a certificate from a
registered professional engineer certifying that the construc-
tion or development plans include allowances for subsidence
and underground gas and shall detail what those allowances are.
3. Upon receipt of the building permit application and
engineer' s certificate, the governmental agency having juris-
diction may refer the application to other appropriate govern-
mental agencies for review and comment and may withhold issuance
of a building permit until it is reasonably satisfied that
appropriate provisions have been made in the plans with respect
to subsidence and gas conditions at the site. A decision of
the building authority to withhold issuance of a permit or impose
conditions unacceptable to the applicant may be appealed according
to the appeal process in the building code then applicable; or,
if none, to the Board of County Commissioners or City Council
having jurisdiction.
1667135
BOOK 945 RECEPTION 3... ---
4 . The foregoing covenants and restrictions shall be
enforceable by any owner of any portion of the property, by the
Board of County Commissioners of Weld County, Colorado and by
the City Council of any municipality to which the property might
hereafter be annexed.
IN WITNESS WHEREOF, Declarant has caused this instrument to
be executed by its proper officers the day and year first above
written.
ROBERT FRANK
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing document was acknowledged before me this
32, 9 day of June, 1981 , by Robert Frank.
WITNESS my hand and official seal.
,,.“,- " My commission expires: pilOua 99, /Rf3
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01ARy otary Public
P U D°.: '
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C C F f,,`oV
-2-
A public hearing was conducted on 'lay 27 , 1981 at
2 : 00 P.M. , with the following present:
CHUCK CARLSON CHAIRMAN
NORMAN CARLSON PRO TEM
BILL KIRBY COMMISSIONER
JOHN MARTIN COMMISSIONER _
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, KEITHA WHITE
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
PLANNING DEPARTMENT REPRESENTATIVE, TOM HONN
Ntectedtmingatmathneasuwazomszacterstxx
I hereby certify that the following business was transacted:
Russ reminded the Board that todays hearing was a continuation of the
May 20, 1981 hearing.
Tom stated the reason for the continuance.
John Houtchens, legal councel for Colorado Landfill reviewed the "Notice
of Site Conditions and Declaration of Restrictions" that has been
prepared will be recorded.
Ron Stow, Director of Weld County Environmental Health, read into the
record a letter from Teresa Davis, adjacent property owner.
Commissioner Steinmark made a motion to approve the COZ from A to I
for Colorado Landfill, Inc. , including the "Notice of Site Conditions
and Declaration of Restrictions" and the dedication of an additional
30 ' of ROW along the southern property line. The historical development
of this property makes it economical unfeasable to remain agriculturaly
zoned. Commissioner Carlson seconded the motion and it carried unanimously.
Commissioner Steinmark made a motion to approve the COZ from A to I
for Robert Frank, including the "Notice of Site Conditions and
Declaration of Restrictions" and the dedication of an additional
30 ' of ROW along the southern property line. The historical development
of this property makes it economical unfeasable to remain agriculturaly
zoned. Commissioner Carlson seconded the motion and it carried unanimously
C IRMAN
ATTEST: 111 BOARD OF COUNTY COMMISSIONERS
bY+"�rt : ? t
WELL COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
/ � : Th
a /
I /A�
Deputy Count�Y/lerk ,/z
m 81-12 (Colo. Landf )
81-13 (Robert Frank
u 81-32
198 (Colo. Landfill)
56 (Robert Frank)
A public hearing was conducted on Hay 20 , 1981 at
2 : 00 P.M. , with the following present:
CHUCK CARLSON CHAIRMAN
NORMAN CARLSON PRO TEM
BILL KIRBY COMMISSIONER
JOHN MARTIN COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
" ACTING CLERK TO THE BOARD, Keitha White
ASSISTANT COUNTY ATTORNEY, Lee Morrison
PLANNING DEPARTMENT REPRESENTATIVE, Tom Hann
The following business was transacted:
I hereby certify that pursuant to a notice dated March 16, 1981 and
duly published on March 19 and April 9, 1981 a public hearing was
held on April 22, 1981 on the requests of COLORADO LANDFILL AND
ROBERT FRANK FOR COZ ' s FROM A TO I on parcels of property owned
by them. Due to the likeness of the parcels and the requests these
items were considered, for discussion purposes, together.
The hearing of April 22, 1981 was continued until today to allow time
for a member of the State Health Department to be contacted and request
that a representative be present today to testify regarding the
methane gas problems.
Mr. Orville Stoddard, Sr. Public Health Engineer for the Radiation and
Hazardous Waste Control Division of the State Health Dept. was present and
presented a letter to the Board which discussed the various aspects of
methane gas, requirements by the State and factors for the Board to
consider when making a determination regarding these COZ ' s. The letter
also included a copy of "Amendments to Adams County Zoning Regualtions"
that include requirements for obtaining "Building Permits and Construction
on former Landfill Sites" . Tom read said letter into the record, at
the Board ' s request. Mr. Stoddard also gave oral testimony and
answered questions.
The applicants, John Houtchens, legal counsel for Colorado Landfill,
and Vern Nelson, engineering consultant, were present and participated
in the discussions.
Commissioner Kirby raised the question as to whether the Board had the
authority to place conditions for development on a COZ . After research
and discussion the County Attorney stated that section 81 . 6 . 2. 5 . 4 of
the Zoning Resolution would apply and the Board could place development
restrictions on these two COZ ' s in relationship to the methane gas
and subsidance.
CHANGE TAPE 81-30
After considerable discussion by all parties, Commissioner Kirby made
a motion to table for one week, May 27 at 2 : 00 PM, the final consideration
on these two items. Discussion will be liminted to the criteria for
development and in the meantime the applicants, the Health Dept. ,
legal councels and the Planning staff are to get together and determine
the specifics of said development criteria. Commissioner Carlson
• seconded the motion and it carried unanimou/s_llyy. /�
H9�I l utr=/„
«a C RMAN
t 'T 1/4
BOARD OF COUNTY COMMISSIONERS
ATTEST:1141u
41u
Wt;iD COUNTY CLERK AND RECORDER
CLERK TO THE B D
EY4A.
Dep'Uty Count Clerk
r _::KET 81-12 & 13
l'AP{', 81- 29 & 30
aLNfe �6K
A public hearing was conducted on Aril 22 , 1981 at
2 : 00 P.M. , with the following present:
CHUCK CARLSON CHAIRMAN
NORMAN CARLSON PRO TEM
BILL KIRBY COMMISSIONER
JOHN MARTIN EXCUSED COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
" ACTING CLERK TO THE BOARD, KEITHA WHITE
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
PLANNING DEPARTMENT REPRESENTATIVE, TOM HONK
The following business was transacted:
I hereby certify that pursuant to notices dated March 16 , 1981 and
duly published March 19 & April 9 , 1981 in the Johnstown Breeze a
public hearing was held on the following requests:
CHANGE OF ZONE, A to I , COLORADO LANDFILL, INC.
CHANGE OF ZONE, A to I, ROBERT FRANK
It was a consensus of the Board to hear testimony on both of the
previous stated cases simultaneously. The properties are adjacent,
their previous usage was the same and their present requests are the
same.
Mr. Anson read into the record the notices of both cases.
Mr. Honn presented to the Board three letters; Ft. Lupton Fire Protection
district, 2/17/81, Ft. Lupton Planning Commission, 1/13/81 and
City of Ft. Lupton, 1/22/81. He then proceed to review the Planning
Commission' s unfavorable recommendations on these requests .
Mr. Vern Nelson, consulting engineer for Colorado Landfill, Inc . ,
presented their reasons for the COZ request. Mr. Nelson reviewed
the uses permited in the "A" zone and why those uses are not suitable
to these properties.
Mr. Robert Frank reviewed his reasons for the COZ request. Mr. Frank
stated that the planned use for the properties by both himself and
Colorado Landfill is storage of heavy equipment and related items.
Ron Stow, Weld County Environmental Health, testifyed regarding several
uses not suitable for this land and several things that definately
should not be done on said property due to its prior usage as a land
fill and the presence of methane because of that prior use.
Kathy Ley, president of the League of Women Voters, presented their
opposition to these requests and urged the Board to deny said requests .
Gayle Packard-Seeburg, circut rider planner for the City of Ft. Lupton,
presented their opposition to these requests. Said properties are
within the City' s comprehensive plan.
The Board discussed the requests and determined that they would like
to have someone from the State Health Dept. answer some questions
regarding the methane gas problems.
CHANGE TAPE
Commissioner Kirby made a motion to continue this hearing until Kay 20 , 1981
at 2 : 00 P.M. & that every attempt be made to have someone present from the
ATTEST: State Health Dept. with answers to the methane questions.
Commissioner Carlson seconded the motion & it carried
unanimously.
WELD COUNTY CLERK AND RECORDER
AND LER ';TO TfE BOARD
I1anA4A.Tilav
puty County C erk Ch irman
Board of County Commissioners
81-12, Colo. Landfi , Inc.
81-13, Robert Frank
TAPE*
81-23 & 24
,/UHF 56 (Frank)
198 (Colo. Landfill)
1 Y 1 A..........yY 4 n E 3__....._,-,
•
from the Office of
THE BOARD OF COUNTY COMMISSIONERS Greeley, Colorado
WELD COUNTY, COLORADO March 19 , l98Q
Publisher:
• Please insert the enclosed notice in your issue the week of
April 5, 1981 one time only. (Use small type as in legals)
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, •
THE BOARD' OF COUNTY COMMISSIONERS
Fort Lupton Press WELD COUNTY; COLORADO •
Docket No. 81-13
BY : Mary Ann Feuerstein
County Clerk and Recorder
and Clerk to the Board
BY : cZ.ry
DeputiJounty Clerk
NOTICE
Pursuant to the zoning laws of the State of Colorado and the
Weld County Zoning Resolution, a public hearing will be held
in the Chambers of the Board of County Comnissioners of Weld
County, Colorado, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado, at the time specified. All persons
in any manner interested in the following proposed Change of
Zone are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the
County Planning Commission may be examined in the Office of
the Clerk to the Board of the County Commissioners , located
in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado.
APPLICANT
DOCKET NO. 81-13 Robert Frank
P. 0. Box 242
Kersey, Colorado 80644
DATE: April 22, 1981
TIME: 2:00 P. M.
REQUEST : Change of Zone, from A (Agricultural District) to
I (Industrial District)
LEGAL DESCRIPTION:
A parcel of land located in the Southeast Quarter (5Ek) of Section 19,
Township 1 North, Range 66 West of the 6th P. M. , Weld County, Colorado
being more particularly described as follows:
Beginning at the Southeast Corner (SE COR) of said Section 19 and
considering the East line of said SE4 as bearing North 00°00'00" East,
with all other bearings contained herein relative thereto;
Thence North 00°00'00" East, 1340.00 feet;
Thence North 89°45'00" West, 1849.80 feet to the True Point of Beginning;
Thence North 89°45'00" West, 370.70 feet to a point on the East R.O.W.
line of U. S. Highway 85;
Thence North 05°46'27" West, along said R. 0. W. line, 504.59 feet;
Thence South 89°45'00" East, 423.66 feet;
Thence South 00°15'00" West, 501.80 feet to the True Point of Beginning.
Said described parcel of land contains 4.575 acres, more or less, and is
subject to any rights-of-way or other easements as granted or reserved
by instruments of record or as now existing on said described parcel of
land.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Keitha White, Deputy
PUBLISHED: IN THE JOHNSTOWN BREEZE ON MARCH 19, 1981 AND APRIL 9, 1981
DATED: March 16, 1981
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO )
ss
COUNTY OF WELD )
I, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole or in part, and published
� in the County of Weld, State of Colorado,
�
and has a general circulation therein; that
A oftener tee In opt t' said newspaper has been published
Sec MILS)• north. continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
Be : :, at the southeast first publication of the annexed legal notice
Corner E`coR)of said the Section or advertisement; that said newspaper has
�tetth
,gwlN0tlt been admitted to the United States mails as
o • gs contained nereln.. second-class matter under the provisions of
the Act of March 3, 1879, or any
- °% ` xorn amendments thereof, and that said
P Ia1CNOTICE !e et s ha te¢fg°7r '� . newspaper is a weekly newspaper duly
qualified for publishing legal notices and
.„y wont tae 4 anti i advertisements within the meaning of the
Pursuant to the wining laws of se •" t laws of the State of Colorado.
the Stabs o Colorado and Ole . .. gg� That the annexed legal notice or advertise-
wow County i FbeheW, A.,. 9t
ment was published in the regular and
; ., v:'" t lt entire issue of every number of yid weekly
stem Ce ter, 111 t BY newspaper for the period of Geaseett—
tive insertions; and that the first
bate\, bite . im T ', - Of tea, publication of said notice was in the issue of
e more or to any
said newspaper dated-/./..7., A.D. 19V..,
AIL rr �, ,�p d- ,- s saes and that the last publication of said notice
text alma*
-A .•+. ad fis b,: • was y in the issue of said newspaper dated
County Ptan ` •,;, �` ..,,.;; �''ribed .y/.1..., A.D. 19fv...
In witness whereof I have hereunto set
t
gg my hand this 3 day of,� *. ,
" ..• , r.- t : ., A.D. 194/
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it- co ' -.--£�= - °7 Publisher
Greeley :: :Keith.WW1,Deputy
D alk April 2248811 -% •
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REQUEST �o�f Zrt�oane, and. ra�reM,�� ;In the .. Notary Public in and for the County of
'r°`!1�'�� � ylr tt k to pd. Weld tate,pf Colorado, this nafr. day of
fr A.D. 194"../
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I 1 5 ,. -1NK ZONE CHANGE EXHIBIT "A"
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LEGAL DESCRIPTION M Ao/NTOrg404AriYG
-
6Eca•. Sec/9
A parcel of land located in the Southeast Quarter (SE'y) of Section 19, T/N, C'666r/
Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado
being more particularly described as follows: -
Beginning at the Southeast Corner (SE COR) of said Section 19 and considering the East line of
said SE' as bearing North 00°00'00" East, with all other bearings contained herein relative
thereto; -" i ' ✓��s
Thence North 00°00'00" East, .1340.00 feet; . _ !/ 7 Thence North 89°45'00" West, 1849.80 feet to the True Point of Beginning; . - . _ / 7/7,-/e ,
Thence North 89°45'00" West, 370.70 feet to a point on the East R.O.W. line of U.S. Hwy. 85;
Thence North 05°46 '27" West, along said R.O.W. line, 504.59 feet;
Thence South 89°45'00"-East, 423.66 feet; _. _
Thence. South 00°15'00" West, 501.80_ feet to the True Point of Beginning.
Said described parcel 'of land contains 4.575 acres, more or less, and is subject to any
rights-of-way or other easements as 'granted or reserved by .3nstruments of record or as now
existing on said described parcel of land.
SURVEYOR's CERTIFICATE . S„k„g,,.
I hereby_tertify that this plat was prepared udder my supervision; and that thr``satmjifcprrect
i ".`7 c Z 'e ''..:s to the best of my knowledge and belief. -
Jasper Fteese., E*: 4392 ;- --
-- ColoemerE. 5 L.S. No. 4394 °`
K
PROPERTY OWNERS APPROVAL : ..,,I „Vy e
I, Greeley National Bank, trustee of the Robert V. Frank HR 10 Plan, being_th4SOltdFmer;(4 /
1� h p ,1_4y 4
in fee of the above described property, do hereby request the zoning as shown oh,��he aktac�ei�
map. 6a44-
- -it f �`...4 4 .:
The foregoing certification was acknowledged before me this . -elk
/ day o d� r , v.
A.D., 1980.- Witness my hand and seal. `
i
My commission expires:8_ p < ty 4ary"CblJ t lt,, :%.% A
COMMISSIONERS CERTIFICATE k(h7);...2E! Vf.::/,;r.J This is to certify that the Weld County Planning Commission does hereby recommend to the Board
of Commissioners, Weld County, Colorado for their confirmation, approval and adoption this
Zone Change as shown and described hereon this day of , 1980.
Chairman, Planning Commission
BOARD OF COUNTY COMMISSIONERS CERTIFICATION
This is to certify- that the Board of County Commissioners, Weld County, Colorado do hereby
confirm, approve and adopt this Zone Change as shown and: described hereon this day of
1980. -- _. -- -
ATTEST:
County Clerk Chairman, Board of County Commissioners
RECORDED: :
Deputy
DATE: -
B°°1(945
oo AUG 2 4 i9E]
W
[( Weed County, Colorado
.74S Recorded-at. 8b7�o'cloc
C_J Reception No 3E
Recorder.
° THIS DEED, Made this day of ,19 ,
between Robert V. Frank, P. O . Box 242 , Kersey, Colorado 80644
of the County of Weld and state of Colorado
Colorado,of the first part,and
Weld County, Colorado, a body corporate and politic
O whose legal address is 915 10th Street, Greeley, Colorado 80631
of the County of Weld and state of Colorado
Colorado,of the second part,
O WITNESSETH,That the said part y of the first part,for and in consideration of the sum of
DOLLARS,
to the said party of the first part in hand paid by the said part y of the second part,the receipt whereof
is hereby confessed and acknowledged, ha g s remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents do es remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, its heirs,
successors and assigns,forever,all the right,title,interest,claim and demand which the said part y of the first part
--i ha s in and to the following described lot or parcel of land situate,lying and being in the County
of Weld and State of Colorado,to wit:
The South 30 feet of the following described property: A parcel of land located
in the Southeast Quarter (SE4) of Section 19, Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado being more particularly described as follows:
Beginning at the Southeast Corner (SE COR) of said Section 19 and considering the
East line of said SEi as bearing North 00°00'00" East, with all other bearings
contained herein relative thereto; Thence North 00°00'00" East, 1340.00 feet;
Thence North 89°45'00" West, 1849.80 feet to the True Point of Beginning; Thence
North 89°45'00" West, 370.70 fact to a point on the East R.O.W. line of U. S.
Highway 85; Thence North 05°46'27" West, along said R.O.W. line, 504.59 fact;
Thence South 89°45'00" East, 423.66 fact; Thence South 00°15'00" West, 501.80
feet to the True Point of Beginning.
Said described parcel of land contains 4.575 acres, more or less, and is subject
to any rights-of-way or other easements as granted or reserved by instruments of
record or as now existing on said described parcel of land.
also known as street and number
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the
said part y of the first part,either in law or equity,to the only proper use,benefit and behoof of the said part y of
the second part, itsheirs and assigns forever.
IN WITNESS WHEREOF,The said part y of the first part ha s hereunto setits hand
and seal the day and year first above written. , n
=-�•�—L"."� 2_-- [SEAL]
Signed,Sealed and Delivered in the Presence of
[SEAL]
•
[SEAL]
[SEAL]
STATE OF COLORADO,
ss.
County of
7c)
The foregoing��7"" instrumen�t was acknowledged before me this On day of ��Yt.�
�9.gi'Jby.'•,ADOLId. Ul '712l1.1-7(.4)
My commission expires rr a-- a 9 ,19 cY(.Witness my hand and official seal.
0IARy
- -c
Notary Public.
L _ _
No.933.QUIT CLAIM DEED.Bradford Publishing Co.,1824-46 Stout Street,Denver,Colorado(673-6011)-9/77
6
OFFICE OF BOARD OF COUNTY COMMISSIONERS
`2.
PHONE (303) 3564000 EX T.200
1 P.O.BOX 758
GREELEY,COLORADO 80631
C.
COLORADO
March 16, 1981
Lynn Keirnes
Colorado Landfill Inc.
Greeley, Colorado 80631
Dear Mr. Keirnes:
Your request for a Change of Zone from A (Agricultural District) to
I (Industrial District) has been recommended unfavorably to the Board
of County Commissioners by the Planning Commission. The legal description
of the property involved is part of the Southeast Quarter of Section 19,
Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will
be necessary for you to indicate your request by signing the bottom
of this letter and returning it to this office. Regular hearing
procedure will then be followed. This includes publishing a Notice of
Hearing twice in the legal newspaper, which expenses must be paid by you
before the hearing day.
In order to proceed as quickly as possible, we must receive your reply
by March 20, 1981. If we are not in receipt of your request by that
date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CHUCK CARLSON, CHAIRMAN
JO/bf
I wish to have a hearing on this matter with the Board of County
Commissioners. I agree to pay for the legal advertising as noted above.
óirnes
akw, OFFICE OF BOARD OF COUNTY COMMISSIONERS
(.., .
PHONE (303)356-4000 EXT.200
P.O.BOX 758
M10 COUNTY COMMISSIONERS GREELEY,COLORADO 80631
WIIDc �{ _L . ): ` i� i1 r.11� ,
ti
COLORADO r j.! MAR 131981 81
cn+.n.
March 13, 1981
Robert Frank
P. O. Box 242
Kersey, Colorado 80644
Dear Mr. Frank:
Your request for a Change of Zone from A (Agricultural District) to
I (Industrial District) has been recommended unfavorably to the Board
of County Commissioners by the Planning Commission. The legal description
of the property involved is part of the Southeast Quarter of Section 19,
Township 1 North, Range 66 West of the 6th P. M. , Weld County, Colorado.
If you wish to be heard by the Board of County Commissioners, it will
be necessary for you to indicate your request by signing the bottom
of this letter and returning it to this office. Regular hearing
procedure will then be followed. This includes publishing a Notice of
Hearing twice in the legal newspaper, which expenses must be paid by
you before the hearing day.
In order to proceed as quickly as possible, we must receive your reply
by March 20, 1981. If we are not in receipt of your request by that
date, the matter will be considered closed.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CHUCK CARLSON, CHAIRMAN
jo
I WISH TO HAVE A HEARING ON THIS MATTER WITH THE BOARD OF COUNTY
COMMISSIONERS. I AGREE TO PAY FOR THE LEGAL ADVERTISING AS NOTED ABOVE.
.or• C0L0
JP
F. i is y-a- d
ta r� r O
COLORADO DEPARTMENT OF HEALTH
7' �J/lit 5
Richard D. Lamm �c �--- � �c Frank A.Traylor, M.D.
Governor /876 Executive Director
May 20, 1981
Mr. C.W. Kirby, Chairman
weld County Board of Commissioners
915 10th Street
Greeley, Colorado 80631
Dear Mr. Kirby:
Mr. Ron Stowe, of the Weld County Health Department, requested comments
from this Department, concerning a request for a zoning change that would
allow construction on a completed landfill site. The site in question is
the Fort Lupton-Brighton site.
This is an assessment of site conditions based upon site inspections during
its operation. This Department does hot have an "engineering report and
operation plan" of record for this site as it was in operation prior to 1972.
The following factors must be considered in any planned land use of this site
or property in the vicinity of this site:
Groundwater
The bottom of the landfill is below the high groundwater table.
There are no impervious barriers at the perimeter to divert groundwater
flow around the refuse fill area.
The rate and direction of groundwater flow has not been determined.
Groundwater monitoring facilities were not constructed to determine
groundwater contamination on-site and its migration off-site.
The final cover is overburden and sand obtained from the site. This
porous media readily allows precipitation to percolate into the refuse.
It also results in a "mounding" effect that can raise the water level as
much as five feet within the fill area.
4944o.1-x a/ a/a/4i,L a
4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333
Mr. C.W. Kirby, Chairman
May 20, 1981
page Two
It is believed that groundwater in the fill and in the vicinity down gradient
is contaminated. Any potable or irrigation water supply must be obtained from an
off-site source, unless studied and found to be acceptable.
A monitoring system must be installed to determine the extent of migration
of contaminated water from the site and the potential for adversely effecting
public and/or private water supply systems down gradient.
Methane Gas Generation, Migration and Control
The porous property of the final cover tends to vent methane gas to the
atmosphere as methane gas is slightly lighter than air. However, this porous
media also allows precipitation and surface runoff to seep into the fill and
hasten the formation of methane and other decomposition gases.
There are no impermeable barriers to prevent the lateral migration of
methane nor are there "active" or "passive" vents to control methane gas.
Placing relatively impermeable top soil at the surface, "black top" or
concrete foundations and slabs on ground will cause increased gas pressure
within the fill and result in lateral migration of methane gas from the site.
Utility lines located within the fill must have structural support to
prevent rupture due to settlement. They must also be sealed and vented to
prevent the migration of methane gas into structures on-site and off-site via
utility lines.
Considerable settlement can occur at this site during the decomposition
process which lasts for many years.
Structures located on-site require specially designed foundations and/or
piles of timber, concrete, or steel to provide support and prevent settlement.
It is required that methane gas monitoring equipment and warning device
be provided to detect the presence and concentration of methane, during and after
construction of underground utility lines and structures.
In view of the potential adverse impacts on public health, safety and the
environment, it is requested the Weld County Commissioners consider the above
factors prior to approving zoning changes and permitting construction on this
site.
Enclosed is a copy of "Amendments to Adams County Zoning Regulations" that
include requirements for obtaining "Building Permits and Construction on Former
Landfill Sites" for guidance and information.
Sincerely,
eTh e .
/
Orville Stoddard, P.E.
Sr. Public Health Engineer
Radiation and Hazardous Waste Control
OS:ew
cc: Weld County Health Department
crhe League of Women Voters
GREELEY - WELD COUNTY
May 20, 1981
TESTIMONY BEFORE WELD COUNTY BOARD OF COMMISSIONERS
Re: Colorado Landfill , Inc./Robert. Frank Change of Zoning Request , A to I
The League of Women Voters of Greeley-Weld County presented testimony
to this hoard on April 22, 1981 expressing our opposition to this Change
of Zone request. At that time, it was understood that the County Commissioners
would be in favor of rezoning if certain assurances could he made.
The League appreciates the economic realities upon which this rezoning
was requested. However, we believe certain philosophical as well as
practical considerations need to he addressed as the Commissioners proceed
with the change.
As mentioned in previous testimony, the League urges cooperation
between the various governmental entities that deal with zoning and land
use issues. The Fort Lupton and Weld County Planning Boards have voiced
their opposition this rezoning. If this request is granted , will Fort Lupton
bear the costs of providing the necessary services , spedifically in the
area of fire protection? If this is the case , League is concerned about
the erosion of the tax base of the affected community.
League is aware of the newly adopted zoning ordinance which now more
carefully defines Industrial uses. The potential for ilthane gas build-up
in the landfill should he of major concern for future uses. We urge that
stipulations he made in the Site Plan Review process , (Sec. 234) addressing
proper methods of construction for dealing with this possibility on the
parcel of land in question.
• The League of Women Voters of Greelev-weld recognizes that there have
been drastically changing conditions in the area between Fort Lupton and
Brighton. We also recognize that land is a finite resource, not ,lust a
commodity, and we believe that land ownership, whether public or private,
implies responsibilities of stewardship. We urge the Commissioners to ex-
ercise great caution in reviewing this request.
Thank you.
Barbara Crnkovich, President
LWV of Greeley-Weld County
Pat Fay
Natural hesources Coordinator
cane League of Women Voters
CREELS" -- WSLC COUNTY
April 22, 1981
TESTIMONY BEFORE WELD COUNTY BOARD OF COMMISSIONERS
RE: Colorado Landfill, Inc./Robert Frank Change of Zoning Request, A to I
The League of Women Voters of Greeley-Weld County urges you to deny requests by
Colorado Landfill, Inc. and Robert Frank to rezone their property from Agricultural
to Industrial. Our opposition to this Change of Zone request is based on our support
for comprehensive planning, the importance of protecting agriculture, our belief that
units of government should cooperate on land use issues, and our concern about poten-
tial hazards caused by previous use of the property as a landfill.
The League has studied comprehensive planning in Weld County and supports its
use as a guide by which changes can be directed and controlled. Specifically, we
favor dispersal of industrial development throughout the county, but contiguous to
or within existing incorporated areas. Allowing development outside a city' s corpo-
rate limits or urban service area encourages sprawl and increases the costs of pro-
viding necessary services, thereby increasing the cost of government.
The League believes that the preservation of agriculture is crucial to the econ-
omy and character of Weld County. We understand that the parcels in question are not
considered suitable economically for cultivated crops. However, the quality of a
particular parcel for agricultural uses is not the only important consideration.
Neighboring farm operations can be adversely affected by interspersed commercial,
industrial, or residential developments. For example, such developments can inter-
fere with efficient crop spraying or irrigation ditch operations. One of the concerns
addressed by the Colorado Agricultural Lands Advisory Committee's recently completed
four-year study is that complaints and nuisance suits brought by expanding urban
growth can force pre-existing farm operations to move.
The League urges cooperation between the various governmental entities that deal
with zoning and land use issues. Weld County's Comprehensive Plan also states as a
policy: "Industrial zoning within the comprehensive planning area of a town shall be
subject to the industry's compliance with the local comprehensive plan. . . ." The Fort
Lupton Planning Commission and the City of Fort Lupton find the requested rezoning to
be in conflict with Fort Lupton's Comprehensive Plan. In addition, the Fort Lupton
Fire Protection District considers the requests unacceptable, based on fire and health
hazards. On the other hand, we are aware that the Brighton Planning Commission and
Staff recommend approval of the requests. However, since the property in question is
1-mile within Fort Lupton's Comprehensive Planning Area and 11-miles north of Brigh-
ton's Comprehensive Planning Area, it would seem that Fort Lupton' s recommendations
should take precedence.
Finally, the potential for methane gas build-up from decomposition of organic
materials in the landfill makes this site unsuitable for industrial use. Given the
explosive potential of such a site, we consider it especially inappropriate as a stor-
age area for gas and oil related uses, as has heretofore been suggested. Further, the
Colorado Geological Survey has pointed out that subsurface compaction on the former
landfill site could result in significant damage to buildings.
The uses permitted under Weld County's current Industrial zoning are quite broad.
While present owners may indicate or promise to use the land for a particular purpose,
once it is zoned Industrial, the county has no control over what industrial use will
be made of the property at any time in the future. Given the hazards of the sites,
such control will be necessary. On the other hand, by maintaining the present Agri-
cultural Zoning, acceptable agriculturally-related uses may be allowed by granting
a Special Use Permit.
In conclusion, we recognize that the characteristics of the sites make them
uneconomical for certain currently allowed uses. Yet, these conditions were caused
by the owners' own elective uses of the land. In considering these and similar cases,
the Board of Commissioners needs to answer an important philosophical question: Is it
your responsibility to make exceptions to the Comprehensive Plan which would affect
the orderly growth of a municipality and conflict with surrounding land uses in order
to insure and individual's economic profit?
Thank you.
Kath�, Pres dent
Lr
✓/WWV/ of /
Greeley-Weld County Itt Jane Adams, 1st Vice President
and Natural Resources
Coordinator
BEFORE - WELD COUNTY, COLORADO PLANNIN' COMMISSION � IL;.)
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date March 3, 1981 Case No. Z# COZ-345:80:16
APPLICATION OF Robert Frank
ADDRESS P.O. Box 242, Kersey, Colorado 80644
Moved by Jerry Kiefer that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the appli-
cation for rezoning from "A" ( Agricultural District) to
"I" ( Industrial District) covering t r: 1gAigC(Of_6ifttd
property in Weld County, Colorado, to-wit: V
SRI, Section 19, T1N, R66W lg
er:AIR1 3 1`12 201
i�
TELEX4 rosy
be recommend fpi*ft' (unfavorably) to the Board of County Commissioners
for the following reasons:
1. It is the opinion of the Planning Commission that the applicant has not
adequately demonstrated in the submitted application materials or in
public statements made prior to the scheduled Planning Commission
Meeting that the proposed rezoning is consistent with the policies of
the Weld County Comprehensive Plan. (Section 81 .7 et seq of the Weld
County Zoning Resolution) . Furthermore, it is the opinion of the
Planning Commission that the rezoning request is not consistent with the
basic goals and policies of the Weld County Comprehensive Plan with
respect to industrial development.
Within Chapter 1, Introduction of the Plan under Section A. , Nature of the
Plan, it is stated on Page 2 that:
"Further urban development and growth will inevitably occur throughout
Weld County. This comprehensive Plan outlines a course of action which
assures urban growth in accordance with the concepts and desires of
Continued on Page 2
Motion seconded by: Wilber Wafel
Vote: For Passage Holman — Against Passage
Halleran Abstaining - - - Ehrlich
Kiefer Abstaining - - - Billings
Wafel
Otis - Explanation attached
The Chairman declared the Resolution passed and ordered thatacertified copy be for-
warded with the file of this case to the Board of County Commissioners for further
proceedings.
CERTIFICATION OF COPY
I, Jeanene Moore , Recording Secretary' of the Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted
on March 3, 1981 and recorded in Book No. VII of the proceedings of
the said Planning Commission.
Dated the 12th. day of March , 19 81 .
Secretary 17/iDO YL
•
Case F C0Z-345:80:16
March 3, 1981
Page 2
each existing municipality. At the same time, urban development will
take place with a minimum of impact on the environment and with a
maximum of economy in providing public utilities and services. The net
result is a controlled expansion of our existing municipalities into
well planned , coherent communities that blend into and complement the
surrounding agricultural environment."
More specifically, the Comprehensive Plan addresses Industrial development
in Chapter Three, Resource Management Policies , Section B, Urban Development,
states on Page 62 that:
"Industrial development, like commercial development, is encouraged to
locate in one of the existing municipalities where such a facility can
be accommodated according to the local comprehensive plan."
Further, on Page 65 the following policy if found:
"Industrial zoning within the comprehensive planning area of a town
shall be subject to the industry' s compliance with the local comprehen-
sive plan. . ."
This property is located approximately 14 miles north of the City of Brighton
Comprehensive Planning Area and 4 mile within the City of Fort Lupton' s
Comprehensive Planning Area . Brighton has recommended approval of this
request for the reasons stated in their letter dated January 28, 1981 .
However, the City of Fort Lupton has recommended denial of this request.
Ft. Lupton' s Comprehensive Plan has identified this area as an agricultural
buffer to separate the two municipalities. The City of Ft. Lupton has
explained their recommendation for denial in their letter of January 22, 1981 .
The following excerpts are taken from that letter.
"this decision could start a precedence that could have far reaching
economic consequences for the City and County. Encouragement of
development outside a community' s corporate limits or urban service
area encourages sprawl , increases the costs of providing necessary
services , erodes the tax base of affected communities , results in a
higher cost of government, and inhibits the health of agricultural
sector which is one of the mainstays of Weld County economy.
Furthermore, a major concern of the City is to prevent any attempt
to initiate a strip of industrial zoning adjacent to U.S. 85. The
purpose of U.S. 85 is to facilitate the flow of traffic between major
cestination points. A series of strip developments would interfere with
this , creating traffic - large trucks with slow acceleration - entering
at minor access points and entering an area containing fast speeding
vehicles . It would also place heavy vehicles on unpaved roads designed
for local traffic generating additional costs . In addition, spread
in a long strip, it creates problems for developing property in that
many land uses are simply incompatible with this type of development.
This request conflicts with designated land uses in that the Comprehen-
sive Plan supports the development of residential and/or agricultural
uses to the south and in fact has been developing in this manner.
The granting of this request would be directly contrary to the Plan's
direction and incompatible with the Plan. "
Case # C0Z-345:80:16
March 3, 1981
Page 3
The Planning Commission concurs with the opinions expressed by the
Fort Lupton Planning Commission. This property is located in between
two municipalities in an area that has predominantly agricultural uses.
It is the opinion of the Planning Commission that this request would not
result in an controlled expansion of municipal industrial growth due to
the location of the parcel with respect to the two communities of Fort
Lupton and Brighton. It is the opinion of the Planning Commission that
industrial development at this site will eventually result in a strip
of unplanned, inefficient and incompatible land uses along U.S. Highway 85.
2. It is the opinion of the Planning Commission that the applicant has not
adequately demonstrated in the submitted application materials , or in
public statements made prior to the scheduled Planning Commission
meeting, that the zoning of the property under consideration is faulty,
or that changing conditions in the area warrant a change of zone.
The applicant has stated in the submitted application materials that the
property is unsuitable for agricultural purposes because the site was
a landfill in the past. The applicant has also stated that the adjacent
parcels to the south along Highway 85 contain industrial land uses ,
justifying a change of zone to industrial on this property.
The Planning Commission does not consider the present zoning to be
faulty. While the property cannot be economically used for cultivated
crops , there are other uses permitted in the Agricultural Zone District.
Under the current Weld County Zoning Resolution this property could be
used for any agricultural business under the provisions of Section 3.3.E.4.
describing special uses permitted in the Agricultural Zone District.
It is the Staff' s opinion that no changing conditions exist in the area
that warrant the change of zone proposed. According to field inspections
of this property and the Weld County Zoning map, the area between Weld
County Road 61 and Weld County Road 8 consists of land uses that are
predominantly agricultural in nature. The attached map outlines industrial
and agricultural zoning in the vicinity of the proposed request. There
has been only one recent development on a parcel in the area since the
adoption of the Comprehensive Plan. In April of 1974, the Board of County
Commissioners approved a change of Zone to Industrial for Zaiss Investment
Company to the south of this parcel across Weld County Road 61/4. Clearly,
the map shows that industrial development has occured south of Weld
County Road 61/4. Industrial development to the north of County Road 61/4
would establish a precedent for industrial development in an area of
agricultural land uses .
3. It is the opinion of the Planning Commission that the industrial uses
which could be allowed on the subject property, under the current
proposal , would not be compatible with the surrounding land uses.
If the rezoning request is granted, the applicant could establish any
Industrial use on the property, many of which could conflict with the
surrounding land uses.
VT: jkm
03-11-81
Planning Commission Resolution of Recommendation to the Board of Co:.-_.
Commissioners .
March 3, 1981
Tape 51 - Side 1
Mr. Otis stated that he would like his explanation of his 'yes ' vote
to be a part of the record. "For the reasons stated in the staff opi^`:'1
I 'm voting for the motion, I also have not been persuaded by the
applicant that there is not a methane gas problem that will cause ha!t
to people if they allow buildings to be built on this property and I
understand that it is a unique piece of property because of the garba;a
that has been dumped there but that is a problem that's been really
created by the land owner or his predecessors in title and I don' t th':-k
that we can create problems for people in the future because of what ; s:
land owners have done, in other words I think there is a priority for
people in this county, and it's a problem that's been created by the 1_
owner or his predecessors in title that we can' t cure by creating a
cause or possible harm to people, and that is the reason I 'm voting
for the motion to deny."
BEFORE - WELD COUNTY, COLORADO PLANNINL JMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date February 17, 1981 Case No. Z# _345:80:16
APPLICATION OF Robert Frank
ADDRESS P. 0. Box 242, Kersey, Colorado 80644
Moved by Bob Ehrlich that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the appli-
cation for rezoning from "A" ( Agricultural District) to
"I" ( Industrial District) covering the following described
property in Weld County, Colorado, to-wit:
Pt. SEa Section 19, T1N, R66W
Continued
be recommend 4*146)46KWW* WNWIXto the Board of County Commissioners
for the following reasons:
To allow the Planning Commission members time to go down and look at
the property in question.
Motion seconded by: Don Billings
Vote: For Passage Ehrlich Against Passage
Billings
Holman Abstaining ---- Halleran
Kountz Abstaining --- Otis
Wafel
Kiefer
The Chairman declared the Resolution passed and ordered thatacertified copy be for-
warded with the file of this case to the Board of County Commissioners for further
proceedings.
CERTIFICATION OF COPY
I Jeanene Moore , Recording Secretary of the Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted
on February 17, 1981 and recorded in Book No. _ VII of the proceedings of
the said Planning Commission.
Dated the 2nd. day of March , 19 81.
CleaSigtt
Secretary ` 41d1C1
i
Ekl
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. FAsh! J 9,;80 a10 _ - UNE • . c I .. ...I.C L
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Date: Fe►,ruary 3, 1981
CASE NUMBER: C0Z-346:80:17
NAME: Colorado Landfill , Inc.
REQUEST: Change of Zone From "A" to "I" •
LEGAL DESCRIPTION: Pt SE4 Section 19, TIN, R66W
LOCATION: 500' north and east of the northease corner of the intersection
of Weld County Road 64 and Highway 85
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS
REQUEST BE Denied FOR THE FOLLOWING REASONS :
1. It is the opinion of the Department of Planning Services Staff that the
applicant has not. adequately demonstrated in the submitted application
materials or in public statements made prior to the scheduled Planning
Commission Meeting that the proposed rezoning is consistent with the policies
of the Weld County Comprehensive Plan. (Section 81.7 et seq of the Weld
County Zoning Resolution). Furthermore, it is the opinion of the Department
of Planning Services Staff that the rezoning request is not consistent with
the basic goals and policies of the Weld County Comprehensive Plan with respect
to industrial development.
Within Chapter 1, Introduction of the Plan under Section A. , Nature of the
Plan, it is stated on Page 2 that:
"Further urban development and growth will inevitably occur throughout
Weld County. This Comprehensive Plan outlines a course of action which
assures urban growth in accordance with the concepts and desires of
each existing municipality. At the same time, urban development will
take place with a minimum of impact on the environment and with a maximum
of economy in providing public utilities and services. The net result
is a controlled expansion of our existing municipalities into well
planned, coherent communities that blend into and complement the sur-
rounding agricultural environment. "
More specifically, the Comprehensive Plan addresses Industrial development
in Chapter Three, Resource Management Policies, Section B, Urban Development,
states on Page 62 that:
"Industrial development, like commercial development, is encouraged to
locate in one of the existing municipalities where such a facility can
be accommodated according to the local comprehensive plan. "
Further, on Page 65 the following policy if found:
•
"Industrial zoning within the comprehensive planning area of a town
shall be subject to the industry's compliance with the local comprehen-
sive plan. . ."
This property is located approximately 11/4 miles north of the City of Brighton
Comprehensive Planning Area and 4 mile within the City of Fort Lupton's
Comprehensive Planning Area. Brighton has recommended approval of this
request for thereasons stated in their letter dated January 28, 1981. However,
the City of Fort Lupton has recommended denial of this request. Ft. Lupton's
Comprehensive Plan has identified this area as an agricultural buffer to
separate the two municipalities. The City of Ft. Lupton has explained
their recommendation for denial in their letter of January 22, 1981. The
following excerpts are taken from that letter.
"this decision could start a precedence that could have far reaching
economic consequences for the City and County. Encouragement of deve-
lopment outside a community's corporate limits or urban service area
encourages sprawl , increases the costs of providing necessary services,
erodes the tax base of affected communities, results in a higher cost
of government, and inhibits the health of agricultural sector which is
one of the mainstays of Weld County economy.
Furthermore, a major concern of the City is to prevent any attempt to
initiate a strip of industrial zoning adjacent to U.S. 85. The
purpose of U.S. 85 is to facilitate the flow of traffic between major
destination points. A series of strip developments would interfere with
this, creating traffic - large trucks with slow acceleration - entering
atminor access points and entering an area containing fast speeding
vehicles. It would also place heavy vehicles on unpaved roads designed
for local traffic generating additional costs. In addition, spread
in a long strip, it creates problems for developing property in that
many land uses are simply incompatible with this type of development.
This request conflicts with designated land uses in that the Compre-
hensive Plan supports the development of residential and/or agricul-
tural uses to the south and in fact has been developing in this manner.
The granting of this request would be directly contrary to the Plan's
direction and incompatible with the Plan."
The Department of Planning Services Staff concurs with the opinions expressed
by the Fort Lupton Planning Commission. This property is located in between
two municipalities in an area that has predominantly agricultural uses. It
is the opinion of the Department of Planning Services Staff that this request
would not result in a controlled expansion of municipal industrial growth
due to the location of the parcel with respect to the two communities of
Ft. Lupton and Brighton. It is the opinion of the Department of Planning
Services Staff that industrial development at this site will eventually
result in a strip of unplanned,inefficient and incompatible land uses
along U.S. Highway 85.
2. It is the opinion of the Department of Planning Services Staff that the
applicant has not adequately demonstrated in the submitted application
materials, or in public statements made prior to the scheduled Planning
Commission meeting, that the zoning of the property under consideration is
faulty, or that changing conditions in the area warrant a change of zone.
The applicant has stated in the submitted application materials that the
property is unsuitable for agricultural purposes because the site was a
landfill in the past. The applicant has also stated that the adjacent
parcels and parcels to the south along Hwy 85 contain industrial land uses
justifying a change of zone to industrial on this property.
The Department of Planning Services Staff does not consider the present
zoning to be faulty. While the property cannot be economically used for
cultivated crops, there are other uses permited in the Agricultural Zone
District. Under the current Weld County Zoning Resolution this property
could be used for any agricultural business under the provisions of. Section
3.3.E.4 describing special uses permitted in the Agricultural Zone District.
It is the Staff' s opinion that no changing conditions exist in the area
that warrant the change of zone proposed. According to field inspections
of this property and the Weld County Zoning map, the area between Weld
County Road 64 and Weld County Road 8 consists of land uses that are pre-
dominantly agricultural in nature. The attached map outlines industrial and
agricultural zoning in the vicinity of the proposed request. There
has been only one recent development on a parcel in the area since the
adoption of the Comprehensive Plan. In April of 1974, the Board of County
Commissioners approved a change of Zone to Industrial for Zaiss Investment
Co. to the south of this parcel across Weld County Road 64. Clearly,
the map shows that industrial development has occurred south of Weld County
Road 64. Industrial development to the north of County Road 64 would
establish a precedent for industrial development in an area of agricultural
land uses.
3. It is the opinion of the Department of Planning Services Staff that the
industrial uses which could be allowed on the subject property, under the
current proposal , would not be compatible with the surrounding land uses.
If the rezoning request is granted, the applicant could establish any
Industrial use on the property, many of which could conflict with the sur-
rounding land uses.
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W. R. 6 6 W.
COUNTY
CASE SUMMARY SHEET
Case number: C0Z-346:80:17 P. C. Hearing Date : February 3, 1981
Applicant : Colorado Landfill, Inc. Property Owner: Same
•
Size of Parcel: 14.7 acres Staff Member to Contact :
Vickie Traxler
Legal Description : - part of the SEZ, Section 19, TIN, R66W
Location: 500 feet north and east of the northeast corner of the intersection of
Weld County Road 6k and Highway 85.
Existing Zoning: Agriculture
Request : Change of zone to industrial
•
Possible Issues Summarized from Application Mate±ials:•
1. Sufficient water supploes for industrial zone district.
2. Improvements to Weld County Road 6', as outlined in Sections 81.5.1.4, 81.6.2.4,
and 81.7.4.8 of ,the Weld County Zoning Resolution. _ -
3. Compliance with wishes of Brighton and Foit Lupton in accordance with the Weld
County Comprehensive Plan. - -
4. Possible methane gas from landfill. -
5. Industrial Zoning policies in the Weld County Comprehensive Plan.
•
VT:rg
1/27/81
v
( REZONING APPLICATION \j tease # : 62, 4161-0;
Dept. of Planning Services App. Ch' d By: \lc Date Rec 'd:
915 10th Street App. Fee : JIM cv__ Receipt #: ► 1540
Greeley, Colorado 80631 Record. Fee : v. Receipt #: Z,7.b
Phone: 356-4000, Ext. 400
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary
signature.
I (we) , the undersigned, hereby request hearings before the Weld County
Planning Commission and the Weld County Board of County Commissioners
concerning the proposed rezoning of the following described unincorporated
area of Weld County, Colorado : LEGAL DESCRIPTION: 5-,5E ATT,fc//E0 /046,
PT N%2 or' SC SEC /9 - / N - GG W Fog f GC-Te LEGAL
(If additional space is required, attach an additional sheet)
Property Address (if available) : Co RU 6 4 fined F6-
PRESENT ZONE AGM ULTIIR Lc PROPOSED ZONE /ILTDUSTR r TOTAL ACREAGE y,57s,lcREs
OVERLAY ZONES
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
CRECLE /V,4T/oNA4 9,414( 'JTRv$r£E of me
Name: A'o13 RT V FRANK H 2 io Home Telephone 41: 35-2,75V
Address : Po Box 2yz Bus . Telephone #:
XER 58 Y Cole' 1064/9
Name : Home Telephone J[:
Address : Bus . Telephone 1p :
Name : Home Telephone # :
Address : Bus. Telephone # :
Applicant or Authorized Agent (if different than above) :
Name: Home Telephone # :
Address : Bus . Telephone # :
Owner(s) and/or lessees of mineral rights on or under the subject
properties of record in the Weld County Assessor ' s Office :
Name: Rose/yr V FRANK f1 R io PIA/11
Address : to go a q2— KFRSIr7 CoLo. 406e-pi CowtvPit)
Name : A/koco PRo pucT/on/ Co,
Address : po /3ox S71 TULSA o/CLHfpoMA Tl/oZ < LESSFP)
Name:
Address :
I hereby depose and state under the penalities of perjury that all state-
ments, proposals and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
COUNTY OF WELD _)
STATE OF COLORADO ) p
.J 7.--1--��it—
ignature: Owner or Authorize-a Agent Subscribed and sz'orn to before me this / D y of , 196ri)
SEAL (//1 7pD/,/1
NOTARY UBLIC
My commission expires : � t /71'3--
a FA !K ZONE CHANGE (
K
.F AGRICULTURE TO INDUSTRIAL
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41:19°4.r'ln''- 370.70' / 'elf 9.e0' ?f C s s/,e
C7R!/6Pv.NT kki Sec /9
a'BEG/NN/Ae
LEGAL DESCRIPTION 8� °oatrof"BE6i,V '4YG
\ SA-cot, _52.t..-49
A parcel of land located in the Southeast Quarter (SEI) of Section 19, T/N, P 6 6 a/
Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado
being more particularly described as follows:
Beginning at the Southeast Corner (SE COR) of said Section 19 and considering the East line of
said SE4 as bearing North 00°00'00" East, with all other bearings contained herein relative
thereto;
Thence North 00°00'00" East, 1340.00 feet;
Thence North 89°45'00" West, 1849.80 feet to the True Point of Beginning;
Thence North 89°45'00" West, 370. 70 feet to a point on the East R.O.W. line of U.S. Hwy. 85;
Thence North 05°46 '27" West, along said R.O.W. line, 504.59 feet;
Thence South 89°45'00" East, 423.66 feet;
Thence South 00°15'00" West, 501.80 feet to the True Point of Beginning.
Said described parcel of land contains 4.575 acres, more or less, and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record or as now
existing on said described parcel of land.
SURVEYOR's CERTIFICATE
I hereby certify that this plat was prepared under my supervision; and that the lame la—correct
to the best of my knowledge and belief.
Jasper Freese:'
PROPERTY OWNERS APPROVAL Colorado P.E. & L.S. No. 4392 -
I, Greeley National Bank, trustee of the Robert V. Frank HR 10 Plan, being the:sole owner(s)
in fee of the above described property, do hereby request the zoning as shown on the attached
map. 7
C p
The foregoing certification was acknowledged before me this t4 / day of i pye e
•
A.D., 1980. Witness my hand and seal. j y
My commission expires: ? : /;Z ' 1 . ✓'l ,/Jc .
Y f��i
Notary Public V
CObyfISSIONERS CERTIFICATE
i This is to certify that the Weld County Planning Commission does hereby recommend to the Board
I of Commissioners, Weld County, Colorado for their confirmation, approval and adoption of this
lone Change as shown and described hereon this day of
Chairman, Planning Commission 1980.
BOARD OF COUNTY COMMISSIONERS CERTIFICATION
This is to certify that the Board of County Commissioners, Weld County, Colorado do hereby
confirm, approve and adopt this Zone Change as shown and described hereon this day of
, 1980.
AT'I'IiST.
County Clerk Chairman, Board of County Commissioners
i
b
8 ;_ictu. y
I:I:CORDED:
DATE:
l
PARCEL .1
•
Parcels of land. in the North Half of the Southeast Quarter of
Section 19 , Township 1 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado, containing 3. 0 acres of land described
as follows:
Beginning at a point on the North line of a County Road right
of way, as described in Book 1229 Page 556 of the Weld County
Records, said right of way being 20 feet off the South side of
the North Half of the Southeast Quarter of Section 19 , a dis-
tance of 2054 feet West of the East line of the North Half of
the Southeast Quarter of Section 19 , Township 1 North, Range
66 West; thence North 10. 0 feet to the -true point ofi.beginning;
. thence East 204 . 2 feet; thence North 416 .5 feet; thence West
204 . 2 feet; thence South .416.5 feet to the point of beginning ,
containing 2 acres more or less; also
Beginning at a point which is the Northeast Corner of Tract "A"
and the Northwest corner of Tract "B" , described as being 2054
feet West of the East line of the North Half of the Southeast
Quarter of . Section 19 , Township 1 North, Range 66 West and
426 .5 feet North of the North line of a County Road right of
way, as described in Book 1229 Page 556 of the Weld County
Records, said right of way being 20 feet wide off the South •
side of the North Half of the Southeast Quarter of Section 19 ,
Township 1 North, Range 66 West; thence West 306 . 4 feet; thence
North 85.3 feet; thence East 510. 6 feet; thence South 85. 3
feet; thence West 204 .2 feet to the point of beginning , con-
taining 1 acre more or less,
EXCEPTING therefrom that portion conveyed to the State Highway
Commission of Colorado, a public corporation, by Deed recorded
September 25 , 1954 in Book 1400 at Page 392 , Reception No.
1189323, Weld County Records , and
•
.ALSO EXCEPTING therefrom that portion conveyed to the State
Highway Commission of Colorado, a public corporation, by Deed
recorded September 25, 1954 in Book 1400 at Page 390, Reception
No. 1189322 , Weld County Records.
PARCEL 2
A parcel of land in the North Half of the Southeast Quarter,
Section 19 , Township 1 North, Range 66 West of the 6th P.M. ,
• Weld County, Colorado, containing 3. 0 acres of land. Described
as follows :
Beginning at a point on the North line of a County Road right
of way, as described in Book 1229 Book 556 of the Weld County
Records , said right of way being 20 feet off the South side of
the North Half of the Southeast Quarter of said Section 19 ,
a distance of 2054 feet West of the East line of the North •
Half of the Southeast Quarter of said Section 19 ; thence North •
10 . 0 feet to the true point of beginning; thence West 306 . 4
feet. Thence North 416 . 5 feet , thence East 306 . 4 feet, thence
South 416 . 5 feet to the place of beginning ,
EXCEPTING therefrom that portion conveyed to the State Highway
Commission of Colorado, a public corporation , by Deed recorded
September 25, 1954 in Book 1400 at Page 392 , Reception No.
1189323 , Weld County Records, and
ALSO EXCEPTING therefrom that portion conveyed to the State
Highway Commission of Colorado , a public corporation , by Deed
recorded September 25, 1954 in Book 1400 at Page 390, Reception
Nc . 1189322 , Weld County Records .
__ v
REZONING APPLICATION Case If :
Dept . of Planning Services App. Ch ' d By : ut Date Recd : 1L-15-%0
915 10th Street App . Fee : iyo_ o o_ Receipt // : a f&4i
Greeley, Colorado 80631 Record. Fee : 2 ,0D Receipt /k : a771
Phone : 356-4000, Ext. 400
TO BE COMPLETED BY APPLICANT. Please print or type , except for necessary
signature.
I (we) , the undersigned, hereby request hearings before the Weld County
Planning Conunission and the Weld County Board of County Commissioners
concerning the proposed rezoning of the following described unincorporated
area of Weld County, Colorado : LEGAL DESCRIPTION:
See Attached Plat
•
(If additional space is required, attach an additional sheet)
Property Address (if available) :
PRESENT ZONE Agricultural PROPOSED ZONE Industrial_TOTAL ACREAGE 14. 730
OVERLAY ZONES N/A SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING :
Name: Colorado Landfill, Inc. Home Telephone 1p:
Address : 6037 77th Avenue Bus . Telephone 1p: 330-2641
Greeley, Colorado 80631
Name : Home Telephone If:
Address : Bus . Telephone If:
Name : Home Telephone 1p :
Address : Bus . Telephone jk :
Applicant or Authorized Agent (if different than above) :
Name : Home Telephone If :
Address : Bus . Telephone #:
Owner(s) and/or lessees of mineral rights on or under the subject
properties of record in the Weld County Assessor ' s Office :
Name : Colorado Landfill , Inc .
Address : 6037 77th Avenue - Greeley, Colorado 80631
Name :
Address :
Name :
Address :
I hereby depose and state under the penalities of perjury that all state-
ments, proposals and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO )
Si i; !/?�i /)2b414LG e
ign S- a u•;e : Owner or Authorize Agent
S'tbscribed and sworn to before me this 10th day of December , 19 80 .
SEAL
NOTARY PUB C Jane Phe ps
::y ccr r-issicn expires : November 10 , 193?
COLDRH:OO LANDFILL INC. ZONE CHANGE E
AGR,..ULTURE TO INDUSTRIAL ‘
\ /Y69'e/Zd E' 728_29'
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2/9. 77' OFe6/NN/NG =v$ /9
LEGAL DESCRIPTION gp P0/yT of dE6/NN/Nlj
' s6CA^ .scr /9
A parcel of land located in the Southeast Quarter (SE's) of Se >/✓��.e6w.
Section 19, Township 1 North, Range 66 West of the 6th P.M. ,
Weld County, Colorado being more particularly described as follows: II
Beginning at the Southeast Corner (SE COR) of said Section 19 and
considering the East line of said SE' as bearing North 00°00'00" East, with all other bearings
contained herein relative thereto;
Thence North 00°00'00" East, 1340.00 feet; Thence North 89°45'00" West, 1630.03 feet to the
True Point of Beginning; Thence North 89°45'00" West, 219.77 feet; Thence North 00°15'00"
East, 501.80 feet; Thence North 89°45'00" West, 423.66 feet to a point on the East R.O.W.
line of U.S. Highway 85; Thence North 05°46'27" West, along said R.O.W. line, 775.18 feet;
Thence North 89°21'24" East, 725.29 feet; Thence South 00°00'00" West, 1283.37 feet to
the True Point of Beginning.
Said described parcel of land contains 14.730 acres, more or less, and is subject to any
rights-of-way or other easements as granted or reserved by instruments of record ,or aslnow.
exisiting on said described parcel of land.
SURVEYOR's CERTIFICATE: I hereby certify that this plat was prep es der my supervision; and•.
that the same is correct to the best of my knotits4ge and belief.
Jaspe )eese\ r
Colora on PEE. & L.S. No. 4392
PROPERTY OWNERS APPROVAL: We, Colorado Landfill Inc.r.p,eing the sole owner(s) in Pee-oft'CheX
above described property, do hereby request the zoning as shown on the attached map. . ;,--.;:Y'`•
The foregoing certification was acknowledged before me this day of , A.D. ,
1980. Witness my hand and seal.
My commission expires:
Notary Public
COMMISSIONERS CERTIFICATE: This is to certify that the Weld County Planning Commission does
hereby recommend to the Board of Commissioners, Weld County, Colorado for thier confirmation,
approval and adoption of this Zone Change as shown and described hereon this day of
, 1980.
Chairman, Planning Commission
BOARD OF COUNTY COMMISSIONERS CERTIFICATION: This is to certify that the Board of County
Commissioners, Weld County, Colorado do hereby confirm, approve and adopt this Zone Change
as shown and described hereon this day of 1980.
,
. ATTEST:
I
F County Clerk Chairman, Board of County Commissioners
RECORDED:
Deputy
DATE:
;o.. -.....,. », -.....,w.�w.e.waawu..wa�.r.....,a.rs. ».oa,..w...„w+r....a.+»a•.wu....9..aaww.,.+,�...�.aa.+..,e
qa4i .L' ton 42vze thatec+ a .5bLShicE
•
Our Objective—'Elimination of Hazards"
FORT LUPTON, COLO. 80621
Feb. 17, 1981
T0: Weld Co. Planning Commission
Re. Rezoning request by Colorado Landfill Inc.
Rezoning request by Robert Frank
The requests for Rezoning Agriculturally zoned land to Industrial
has been considered by the Fort Lupton Fire Protection District.
After considerable checking and consideration due to Fire and Health
Hazards it was unanimously decided by the Fire District Board that the
rezoning requests would be completely unacceptable to the Fort Lupton
Fire Department.
Attached copies of decisions of the Fort Lupton Planning Commission and
the City of Fort Lupton.
Fort Lupton Fire Protection District
Secretary
.
RECORD OF PROCEEDINGS 100 Leaves
M1.. G. ..K.“. . .,-[S
FORT LUPTON PLANNING COINIS5ION
1/13/81
The Fort Lupton Planning Commission met in regular session Tuesday, January
13, 1981. The meeting was called to order at 7105 P.M. by Chairman, Alan
Sandberg. Members present at roll call were Larry McCorkle, Alan Sandberg,
and Jesse Ceretto. John Martin was absent.
The minutes of the two previous meeting were approved as presented.
Action was taken on two referrals sent to Port Lupton by Weld County. The
first, a rezoning request by Colorado Landfill Inc. to change Agriculturally
zoned land to Industrial. A denial was made on motion of Jesse Ceretto and
this was seconded by Larry McCorkle. This was carried b a unaminous vote
LaVern Nelson, C.L.I. representative was present. Deniall was based—on its
conflict with the Comprehensive Plan, as well as opposition to stamp industrial
development, and concern over the safety hazards arising from methane gas,
In the second referral, applicant Robert Frank requested that his land be
rezoned from agricultural to industrial. A motion by Larry McCorkle, seconded
by Jesse Ceretto to deny this request because of its incompatability with the
Comprehensive Plan, an opposition to strip industrial development and safety
hazards arising from methane gas, passed unamaniously.
Gavle Packard-Seeburger presented an overview on how to proceed with the
Comprehensive Plan. It was acceptable and the Planning Commission has
targeted potential members for the agreed upon committees. Jesse Ceretto
will make initial phone contact and Gayle will follow this up with a phone
call and letter. In addition, the publicity committee will begin meeting and
contact city and civic organizations as well as the newspapers. The Planning
Commission at its January 27, 1981 meeting will review; ,progress on this and
then determine the timing of other aspects of the plan,
•
The meeting was adjourned at 9:00 P.M.
1:� FORT
`oto� City of ,fort Lupton
18 �' 36 COUNTY OF WELD
330 PARK AVENUE FORT LUPTON (3031 8576667
P.O. 80X 158 DENVER METRO (3031 893.5404
FORT LUPTON,CO. 80621 GREELEY METRO (3031 7856108
COLORMD°
1/22/81 3a
Weld County Planning Commission { O !�
915 10th �� `o�� Sk„ML G, w
Greeley, Colo. i 4'„g°o� FO 4.1 Dear Ms. Traxler:
Thank you for the opportunity to comment on two referrals (case numbers Z346:80:
17 and COZ 345:80:16) recently sent to the City of Fort Lupton. Both of these
applicants, Colorado Landfill Inc. and Robert Frank, requested that their
land be rezoned from agricultural to industrial: the parcels are contigeous
to one another. For this reason, the following response is applicable to
both requests.
The Fort Lupton Planning Commission met January 13, 1981 and reviewed the
above case. It was the finding of the Planning Commissions that both requests
were unacceptable for the following reasons:
1. Methane gas: It is the opinion of the Commission that this should
be a major factor in determiningthe appropiateness of this request. The
Commission's position is that methane can form over a long period of time and
that the depth of a landfill is not a critical factor in the formation of this
gas and that, therefore, this site constitutes a potential safety hazard and
is inappropiate for industrial use. It is furthernoted that this particular
zoning category is quite broad and it is the City's conjecture that it would
be utilized as an outdoor storage area and given the area economy, specifically
for gas and oil related uses. Any such use, complied with the presence of
methane raised serious questions concerning site safety.
2. Environmental concerns: Fort Lupton urges and, when possible, requires
that any degradation of the environment be minimized and that when an activity
which creates a significant disruption to the land occurs, that the landowner,
upon cessation of that activity, reclaim that land in,keeping with federal
guidelines and restore it to "productive" (whereby it can support vegtative
life) use. The Planning Commission notes that this land was at one time
agriculturally productive. The reason it is not now productive is that the
landowner knowingly elected to destroy its agricultural value by changing
the use of that property to a landfill and then, again, not electing to
the restore the land to its original use. The City has no obligation to
suppport a request for industrial zoning when the applicant economic hardship
arises from the applicants own actions, and when the approval of such request
would start a land use pattern in conflict with future development plans.
3. Economic Benefit: The City of Fort Lupton believes that the economics
of operating a landfill, especially in the past, are very lucrative, hence
the removal of land from agricultural production. Because of the importance
of the enviroment, it is not unreasonable to request that this land be
restored to its originial use. The Commission believes this has not been
done because it is more advantageous, to economically, to the applicant to
own "industrially" zoned land. It is the City's responsibility to make
recommendations on the basis of considerations above and beyond the
individuals' economic profit. Conversely, this decision could start a precedence
that could have far reaching economic consequences for the City and County.
Encouragement of development outside a community's corporate limits or urban
service area encourages sprawl, increases the costs of providing neccessary
services, erodes the tax base of affected communities, results in a higher
cost of government, and inhibits the health of agricultural sector which is
one of the mainstays of Weld County's economy. For these reasons we believe
Fort Lupton would potentially suffer an economic loss as a result of positive
decision.
4. Land Use Patterns: The land use within this area is almost completely
agricultural, a use identical to that called for and in both the Fort Lupton
and Weld County Comprehensive Plans. Furthermore, a major concern of the
City is to prevent any attempt to initiate.astrip of industrial zoning adjacent
to U.S. 85. Through our Comprehensive Plan and other policy decisions, the
City, for a myriad of reasons, opposes strip development. The Commission
believes it to be particularly inappropriate along the U.S. 85 corridor for
traditional and accepted planning reasons. The purpose of U.S. 85 is to
facilitate the flow of traffic between major destination points. A series
of strip developments would interfere with this, creating traffic - large
trucks with slow acceleration - entering a minor access points and entering
an area containing fast speeding vehicles. It would also place heavy vehicles
on unpaved roads designed for local traffic generating additional costs. In
addition, spread in a long strip, it creates problems for developing property
in that many land uses are simply incompatible with this type of development.
5. Comprehensive Plan: Fort Lupton's Comprehensive Plan calls for
logical development pattern., discourages leapfrog development, and calls
for all development to be served by City utilities, and annexed into the Town.
It calls for a well integrated, well balanced community which provides economic
opportunities to its residents as well as providing fortheir housing and other
needs. Accordingly, the City contains both developed and undeveloped industrial
land and has the capability of providing these areas with utilities upon request.
The location of industry in this area is unincorporated Weld County should be
encouraged because it represents an efficient, cost effective means to provide
utilities to industry, locates them in compatible areas, minimizes traffic
congestion, safety, and environmental hazards and discourage urban sprawl.
In addition, this request conflicts with designated land uses in that the
Comprehensive Plan supports the development of residential and/or agricultural
uses to the south and in fact has been developing in this manner. The granting
of this request would be directly contrary to the Plans direction and
incompatible with the Plan. It would also create a precedence for more such
requests.
6. Intergovernmental Agreements: Fort Lupton believes the area between
it and the City of Brighton to be an area of mutual planning concern. The
City is now in the process of approaching Brighton and entering into discussions
concerning the future development of that area and how it should be handled.
Our goal is to come to agreement on the issues involved and ratify this in
the form of an intergovernmental agreement. The Planning Commission would be
extremely destructive to approve a land use deviating from the predominate
land uses in the area without agreement being reached by the two enities.
The City believes this would have the effect of closing off options and
believes it is to the benefit of both Brighton and Fort Lupton to have as much
latitude in this area as possible. We urge you not to initiate a land use
prior before our joint enities have an opportunity to determine whether or not
it is desirable from a quasi regional perspective.
Finally, in conclusion, we urge you to consider the above in your decision
making process and to deny these applications.
Sincerely, �//
f,�oa.ci2 'f�
czia
esse Ceretto
Mayor of Fort Lupton
JC/kgp
NELSON ENGINEERS
GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 1303) 356-6362
,%A January 26, 1981
Weld County Department of ttv
Planning Services `~
915 10th Street 1g
Greeley, Colorado 80631 `=
Attention: Vickie Traxler • J�_:c5;
RE : Colorado Landfill , Inc. Rezoning Application
from Agricultural to Industrial
Dear Ms. Traxler :
This letter is prepared to provide additional information
regarding the subject rezoning in accordance with the discussions
at our meeting of January 21 , 1981 in your office. Subsequent
to the meeting I have had telephone conversations with Drew
Scheltinga of the Weld County Engineering Department and Wally
Jacobson, Engineer for the Colorado Department of Highways .
I am informed that both of these people have discussed these
matters with you directly.
As requested in the letter from Drew, we will comply with
the need for an additional 30 foot right-of-way from the south
30 feet of the Colorado Landfill property. Along with that
dedication we would agree to provide a plan for road improvements
when the use is known. According to my conversations with Drew
and as discussed in his letter to you of January 16 , a zoning
change would not generally require that a road improvement plan
be sumbitted at the time of rezoning. He believes that we should
add the requirement for road improvements to the other matters
tied to the building permit , such that road access can be brought
to county standards to meet the need at the time such need is
established. Such road improvements then become a discretionary
matter for the commissioners at the time of hearing.
My discussions with Wally Jacobson brought out the fact that
the U.S . Highway 85 right-of-way adjacent to the site is 175 feet .
According to Mr. Jacobson, the Highway Department does not need
nor do they want additional right-of-way in that area. I under-
stand from Mr . Jacobson' s letter of January 15 to you, and
Mr . Jacobson so confirms , that the State Highway Department will
Weld County Department of
• Planning Services
Attention: Vickie Traxier
January 26 , 1981
Page 2
request joint participation of the adjacent land owners for
highway improvements when actual traffic volumes and vehicle
types can be evaluated. Such evaluation must be based on the
actual traffic information for this property at the time it
develops to industrial or other uses . It would seem to me that
this requirement should also somehow be attached to the building
permit requirements at time of actual use .
I have further contacted Rob Walsh , the planner for the
Brighton Planning Commission . He informs me that the Brighton
Planning Commission will discuss the rezoning at their meeting
on Tuesday evening, January 27 , 1981 . He is hopeful that a
resolution will occur so that further delay is not necessary.
He tells me that he has been in contact with the planner for
the Fort Lupton Planning Commission and that planner intends to
be at their meeting on January 27 , 1981 . I plan to also appear
at that meeting in behalf of Colorado Landfill although Rob felt
that such attendance certainly was not necessary since we have
already stated our case before that body.
You requested at our meeting of last Wednesday that this
rezoning application be delayed for one month. It is my feeling
that a delay is all right but obviously our preference is to
proceed according to the schedule established. It would seem to
me that if Brighton acts on our request and submits that informa-
tion to you yet this week that we could probably continue on our
schedule to hear the matter before the Weld County Planning
Commission on February 3 , 1981. Please keep me posted as to
actual time of hearing for this application before the Weld County
Planning Commission.
Respectfully ,
NELSON ENGINEERS
IbVern C. Nelson , Engineering
Consultants for Colorado Landfill , Inc.
LCN: jlp
NELSON ENGINEERS
• GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 13031 356-6362
December 10, 1980
Mr . Tom Hahn, Planner
Weld County Planning Department
Centennial Center
Greeley, Colorado 80631
Dear Mr. Hahn:
Attached hereto is a rezoning application from agricultural
to industrial for the land owned by Colorado Landfill , Inc. along
U. S. Highway 85 three miles south of Ft . Lupton, Colorado . The
legal description, property configuration, and adjoining property
owners are shown on the accompanying "Vicinity and Land Use Map"
and the "Zone Change filing plat. "
As you know, this site is a completed landfill that has been
covered with at least two feet of native subgrade material of
sand and gravel . The finished landfill is subject to differential
settlement and is not readily irrigable . The soil will not support
vegetative growth without importation of substantial amounts of
organic soils . Such cost is not economically justified for recovery
. of the land for agricultural purpose.
We believe that a better and more compatible use for this area
is for industrial uses as are now being developed on adjacent pro-
perties along U. S. Highway 85 . To our knowledge none of the neigh-
bors object to this change of use. We will appreciate your early
consideration of this application.
Respectfully,
NELSON ENGINEERS
La ern C . Nelson, •
Engineering Consultant for
Colorado Landfill
LCN: jlp
Encs .
NELSON ENGINEERS
• GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303)3566362
December 22 , 1980
Mr. Tom Hahn, Planner
Weld County Planning Department
Centennial Center
Greeley, Colorado 80631
RE: Rezoning of a part of the NW 1/4 SE 1/4 Section 19
T1N, R66W owned by Colorado Landfill , Inc .
Dear Mr. Hahn:
As of December 15 , 1980 , a submittal was made to your
office regarding rezoning of lands owned by Colorado Landfill ,
Inc . , along U. S. Highway 85 three miles south of Ft. Lupton,
Colorado. In the letter of submittal, a statement is included
regarding justification of rezoning. That statement is partially
included herein with further justification .
The area is unsuitable for agricultural purposes because
the site is a completed landfill that has been covered with at
least two feet of native subgrade material of sand and gravel.
The completed landfill is subject to differential settlement
and thereby is not readily irrigable . The soil will not support
vegetative growth without importation of substantial amounts of
organic soils . Such cost is not justified economically to
recover the land for agricultural purposes .
We believe that a better and more compatible use for this
area is for industrial use. Such a change not only provides
for future use of the property but it would conform to the
changing uses of land immediately adjacent and south of the
property along U.S. Highway 85 . Much of that property is now
being used industrially as evidenced by the existing development
and zone changes in the area. Therefore , current zoning is in
error and rezoning to industrial will correct that faulty zoning.
There is no public water system readily available at the
site . A well permit will be applied for and the well will be
developed for domestic purposes . Most of the adjacent properties
are using well sources for their domestic needs . There is no
•
Mr . Tom Hahn, Planner
Weld County Planning Department
Page 2
public sewer system in the immediate area, however , septic
tank and leaching area can be made readily available and would
provide the necessary waste disposal .
A copy of the deed to the property for which rezoning is
requested is attached hereto. In addition, nine additional
copies of the vicinity map filed earlier with your office are
included with this submittal.
The submitted vicinity map and legal description and plat
of the area describe the area more accurately than the deed
description since that latest description represents the results
of an actual field survey of the owned parcel .
The soils survey, as required , from the Soil Conservation
Service is being submitted under separate cover as soon as it
is received from the Brighton office .
Respectfully,
NELSON ENGINEERS
La ern C . Nelson, Engineering
Consultant for Colorado
Landfill , Inc.
LCN: jlp
Enc .
DEC 1980co
RECEIVED ccil
Wald County
--, Pinnnlny Commission
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..=C 60JNT. - _ -C 6:6: ,f EH•, PA I NJ.
iii E LL LIST
Colorado Landfill , In
CASE # 346:80: 17
REFERRALS SENT- BUT 011: December 23, 1980
z -REFERRALS TO BE RECEIVED BY: January 16, 1980
C La F7
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U U p
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C H L-7
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6-r
o c REFERRALS RECEIVED
1 . County Attorney (plat only)
X JAN 8 1981 2. County Health
X
JAN 1 6 1931 3. County Engineer -
,
4, Rose Bowles
JAN 2 6 i81 City of Fort Lupton, P.C.
P.O. Box 158
Fort Lupton, Colorado 80621
5. Rob Walsh
Brighton Planning Department
22 South 4th Avenue
Brighton, Colorado 80601
X Dc. to 2 1 1980 6. Brighton Soil Conservation Service
108 West Walnut
Brighton, Colorado 80601
JAN 1 (I 1981 7. State Highway Department
1420 2nd Street
Greeley, Colorado 80631
8. Wilbur Wafel
P.O. Box 333
Keenesburg, Colorado 80643
)( .31, ,clip 9. State Engineer
Division of Water Resources
1313 Sherman Street
Room 818
Denver, Colorado 80203
X JAN 1 6 1981 10. Colorado Geological Survey
1313 Sherman Street
Room 703
Denver, Colorado 80203
)'
Weld County Health D BOARD°` HLA""
epartment
Fran Christensen. Eaton
A M. Dominguez.Jr..JD.Greeley
1516 HOSPITAL ROAD Robert Drennan,PhD.Greeley
John P. Cullen, M.D. Annette M. Lopez.Greeley
Acting Medical Director GREELEY, COLORADO 80631 Kathleen Shaughnessy,PHN,Ault
(303) 353-0540 Lois Smee. FNP,Ft. Lupton
Arthur G.Watson, Platteville
David Working.DDS,Greeley
John M. Wheeler,Greeley
To: Vickie Trax e •
From: John Hall
Subject: Robert Fran , COZ 345:80: 16
Colorado Landfill , COZ 345:80:17
Date: January 2, 1981
The above referenced parcel is a closed land-
fill (Brighton/Ft. Lupton site) and therefore any
structure must be designed and/or engineered to ac-
count for possible build up of explosive gases.
No other environmental concerns are indicated
in the COZ request.
��5678g�
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•
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,
RICHARD D. LAMM *iairt
* JOHN W. BOLD
GOVERNOR Director
2876
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET
DENVER,COLORADO 80203 PHONE(303)839-2611
January 13, 1981
Ms. Vickie Traxler
Weld County Department of Planning Services
915 10th Street
Greeley, CO 80631
Dear Ms. Traxler: RE: COLORADO LANDFILL, INC.
REZONING
WELD COUNTY
We have reviewed the Colorado Landfill , Inc. rezoning application. This
site is adjacent to the Frank zoning change request that we reviewed on
January 5, 1981 . As in that review we have no objections to the rezoning.
However, several constraints to development do exist.
1 . This is an old landfill and structures built on
the site will be susceptible to damage from sub-
surface compaction.
2. Methane gas build-up under improperly designed
structures can explode and cause extensive damage.
3. Effluent from standard on-lot septic systems may
not be adequately treated by the sand and gravel
fill over the landfill .
We recommend that these concerns be addressed prior to development of this
area.
Sincerely,
9
Julia E. Turney
Engineering Geologist ^
gp
CC LUC �'
CF/L co
oic y FQ o
c -(1*
GEOLOGY
STORY OF THE PAST . . . KEY TO THE FUTURE
•
I1 EmORAnDU(II
WIDC To Vickie Traxler Dam January 16, 1981
COLORADO From. Drew Scheltinga, Engineering Manager
Subject: Colorado Landfill , Inc. - C.Z. from A. to I.
The County Road adjoining the southern boundary of the parcel is indicated
on the drawings as Road 62. This is incorrect and the road should be
indicated as Weld County Road 64.
This parcel is intended for change of zone from agricultural to industrial .
The existing Weld County Road has only a 30 foot right-of-way and is not
sufficient to serve industrial development. Sections 81.6.2.4 and 81.7.4.8
of the Weld County Zoning Resolution indicates if roads are not sufficient
to provide service for the intended change of zone, that the developer should
midigate the problem' . . I suggest the applicant dedicate and extra 30 feet
along his southern boundary for road right-of-way purposes and submit a plan
for the improvement of Weld County Road 64 to serve the proposed use.
Drew Scheltinga
Engineering Manager
DS:sd
h . r.
JAN lsgi
• c
o RECEIVED 'v';
tr Held Count
"-Thin° Cenmiuiae h
K
.T.c. .
N C C COLORADO STATE DEPARTMENT OF HIGHWAYS
* •zri # DIVISION OF HIGHWAYS
" ' Weld County
1876
US 85
January 15, 1981 Colorado Landfill , Inc
500' NE of Co. Rd. 62
& US 85 Int.
DOH FILE 45100
Ms. Vickie Traxler
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Ms. Traxler:
We have reviewed the application from Colorado Landfill , Inc. , for a change
of zone. As indicated in our letter regarding the Robert Frank zone change request,
the rezoning of this property to an industrial use will have traffic impacts on
the intersection of County Road 62 and U.S. Highway 85. We are concerned that
the increased traffic, particularly truck traffic, will have difficulty making
turns at the intersection.
We feel that intersection improvements may be warranted as a result of these
traffic impacts. We urge the County to consider some type of joint participation
by the Frank and Colorado Landfill industrial developments in the cost of highway
improvements, as may be determined necessary when the actual traffic volumes and
vehicle types can be evaluated.
We would like to review traffic information for this property before industrial
development occurs.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
Albert Chot acs
Assistant District Engineer
AC:da
cc: D. M. Bower
D. N. Fraser (2)
File: Crier-Jacobson via Rames-Finch-Graham
w/encl . •
P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232
•
FIELD CHECK
FILING NUMBER: COZ 346 DATE OF INSPECTION : 1/13/81
NAME: Colorado Landfill , Inc.
REQUEST: Change of Zone from "A" to "I"
LEGAL DESCRIPTION: Pt- SEa Sec. 19, TiN, R66W
LAND USE: N Irrigated Agriculture
E Irrigated Agriculture
S Miscellaneous Buildings and Mobile Home Park
lY Irrigated Agriculture
ZONING: N Agriculture
LOCATION: Northeast corner of the E Agriculture
intersection of County Road 62 and S Industrial
Hwy 85 . W Agriculture
•
COMMENTS:
Property has recently been graded. Access is existing to Road 61/2. There are
no structures on the property. Surrounding properties appear to be agricultural
in nature except a small parcel to the south which is zoned industrial . It is
difficult to tell what the industrial property is being used for at the present
time. This parcel was part of the old Ft. Lupton Landfill .
•
•
cb/1/15/81 BY: i\._CAL rcAa.-`
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Colorado Landfill, Inc.
Mailing List
COZ 346
Watada Farms, Inc.
Alfred & Albert Watada
2292 WCR 27
Ft. Lupton CO 80621
Robert Frank
P. O. Box 242
Kersey CO 80644
Frank Damiana
2269 Hwy. 85
Ft. Lupton CO 80621
Helen Adams
2631 WCR 27
Ft. Lupton CO 80621
John Davis
12486 WCR 8
Ft. Lupton CO 80621
Zaiss Investment Co.
140 S. 10 Avenue
Brighton CO 80601
Joseph Mollander
12563 WCR 6
Brighton CO 80601
-/N
. .\
qty of
January 28 , 1981
Weld County Planning Commission
c/o Department of Planning Services
915 10th Street
Greeley, Colorado 80631
Attention: Vicki Traxler
Dear Ms. Traxler:
The Brighton Planning Commission and Staff have reviewed
two referrals concerning zone change applications for land
near the intersection of Weld County Road 61 and U.S. 85 .
Following considerable discussion, the Brighton Planning
Commission voted unanimously to recommend approval in both
cases for the following reasons:
(1) The proposed zoning is compatable with surrounding
land uses and zoning.
(2) An industrial facility is the highest and best use
for the proposed site.
Several members of the Brighton Planning Commission recog-
nized the need for a joint planning effort, to establish policies
and criteria for development in the transportation corridor be-
tween Ft. Lupton and Brighton. The Planning Staffs from the
two cities and Weld County should discuss an approach to this
effort, followed by one or more meetings between the involved
Planning Commissions. Although this work could not be completed
in time for review of the current referrals, the results of the
joint effort would be beneficial in evaluating future land use
issues.
Thank you for including us in your review process. We
will keep you informed of the progress toward establishing the
joint planning effort.
Sincerely,
,c\y1?? 131a7S
a 1S Harry Romero, Brighton Planning
°pjStlet Commission Chairmankoo
jfimi,
By:
/9 , "141 Robin D. Walsh
hb/+ , City Planner
dk 1
22 sout V avenue,brighton,co. 80601 (303) 659-4050
l
rile
W(11?ik To Vickie Traxler Data January 16, 1981
COLORADO From Drew Scheltinga, Engineering Manager
Subject: Robert Frank C.Z. from A. to I .
The County Road adjoining the southern boundary of the parcel is indicated
on the drawings as Road 61. This is incorrect and the road should be
indicated as Weld County Road 64.
This parcel is intended for change of zone from agricultural to industrial .
The existing Weld County Road has only a 30 foot right-of-way and is not
sufficient to serve industrial development. Sections 81.6.2.4. and 81.7.4.8.
of the Weld County Zoning Resolution indicates if roads are not sufficient
to provide service for the intended change of zone, that the dveloper should
midigate the problem I suggest the applicant dedicate an extra 30 feet
along his southern boundary for road right-of-way purposes and submit a plan
for the improvement of Weld County Road 61/4 to serve the proposed use.
Drew Scheltinga
Engineering Manager
DS:sd
,....3,'-, JAN 1981
CED ;)�
wain c�cnry ,\.1
.„m.mis:ios (O,,c1--?'
v
, ,
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V
FIELD CHECK
FILING NUMBER: COZ 345 DATE OF INSPECTION : 1/13/81
NAME: Robert Frank
REQUEST: Change of Zone from A to I
LEGAL DESCRIPTION: Pt. SE' Sec. 19, T1N, R66W
LAND USE: N Agriculture--Irrigated
E Agriculture-- Irrigated
Miscellaneous Buildings and Mobile Home Park
Agriculture--Irrigated
14 ZONING: N Agriculture
LOCATION: Northeast corner of the E Agriculture
intersection of County Road 61 and Hwy 85. S Industrial
W Agriculture
COMMENTS:
Property has recently been graded. Parcel was part of old Ft. Lupton Landfill
at one time. Access is existing to Road 61. There are no structures on the
property. Surrounding properties appear to be agricultural in nature except
a small parcel to the south which is zoned industrial. It is difficult to
tell what the industrial property is being used for at the present time.
BY: it CULL104.ke,.r
cb/1/15/81
j2 Vat(
t+u of coAC o Vl'C \h 1Nv 0�i
Fe X90 JAN
RICHARD D. LAMM * * ti R C N-T RO-
.GOVERNOR " ...
# ** ,Cgs V,��j T:o;,,,p lf8CtO1C./pl
7870 ' FI51:, ::r :SPCC ti�
COLORADO GEOLOGICAL SURVEY 'cS ; 'y
DEPARTMENT OF NATURAL RESOURCES i
715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611
January 5, 1981
Ms. Vickie Traxler
Weld County Department of Planning Services
915 10th Street
Greeley, CO 80631
Dear Ms. Traxler: RE: CASE NO. CO2345:80:16
ROBERT FRANK ZONING
CHANGE
WELD COUNTY
We have reviewed the Frank rezoning application and have no objections
to the change in zoning. However, there are several constraints to
development of this area:.
1 . This is an old landfill and structures built on
the site will be susceptible to damage from
subsurface compaction.
2. Methane gas build-up under improperly designed structures
can explode and cause extensive damage.
3. Effluent from standard on-lot septic systems may not
be adequately treated by the sand and gravel fill over
the land fill .
We recommend that these concerns be addressed prior to development of this
area.
Sincerely, •
f
Julia E. Turney
Engineering Geologist
9P
cc LUC
GEOLOGY
STORY OF THE PAST . . . KEY TO THE FUTURE
BOARD OF HEALTH
Weld County Health Department Fran Christensen,Eaton
A.M. Dominguez,Jr..JD.Greeley
1516 HOSPITAL ROAD Robert Drennan,PhD,Greeley
John P.Cullen, M.D. GREELEY, COLORADO 80631 Annette M. Lopez,Greeley
• Acting Medical Director Kathleen Shaughnessy, PHN,Ault
(303) 353-0540 Lois Smee, FNP.Ft, Lupton
Arthur G.Watson,Platteville
David Working,DOS,Greeley
John M.Wheeler,Greeley
To: Vickie Tratt e
From: John Hall
Subject: Robert Fran , COZ. 345:80:16
Colorado Landfill , COZ 345:80:17
Date: January 2, 1981
The above referenced parcel is a closed land-
fill (Brighton/Ft. Lupton site) and therefore any
structure must be designed and/or engineered to ac-
count for possible build up of explosive gases.
No other environmental concerns are indicated
in the COZ request.
•
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FILE CONTAINS PHOTOS - SEE
ORIGINAL FILE
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