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Home My WebLink About810026.tiff RESOLUTION RE: GRANT CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO I-INDUSTRIAL DISTRICT FOR CLYDE AND MARGARET MALARA, 931 WELD COUNTY ROAD 27 , BRIGHTON, COLORADO 80601 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 17th day of June, 1981 at 2 : 00 o' clock p.m. , for the purpose of hearing the petition of Clyde and Margaret Malara, 931 Weld County Road 27 , Brighton, Colorado 80601, requesting a change of zone from A-Agricultural District to I-Industrial District for the following described parcel of land, to-wit: A part of the North one-half of the Northeast one-quarter of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Commencing at the Northeast corner of said Section 31; thence west along the North line of said Section 31, 520 . 20 feet to the point of beginning; thence S89°31' 00"W, 1098. 03 feet more or less; thence S00°29 ' 00"E 687. 27 feet; thence $67°03 ' 00"E, 344. 32 feet; thence S08°03 ' 00"W, 54. 00 feet; thence N89°34 ' 00"E, 574. 30 feet to the West right of way line of Old U. S. Highway 85; thence N13°19 ' 32"E along said West right of way line 904. 23 feet more or less to the point of beginning; Containing 19. 073 Acres more or less. Subject to County Road #4 R.O.W. 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 petitioners of certain facts, and WHEREAS , the Board of County Commissioners heard all the testimony and statement of those present, has studied the request of the petitioners and the recommendations of the Weld County Planning Commission, and having been fully informed, is satisfied that the request for re-zoning complies with the Weld County Comprehensive Plan and the conditions set out in Section 81 of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County cc : P 810026 Malara LHR 2074 Page 2 RE: GRANT COZ - MALARA Commissioners of Weld County, Colorado that the petition of Clyde and Margaret Malara, for a change of zone from A-Agricultural District to I-Industrial District on the above described tract of land be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated June 2 , 1981 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. BE IT FURTHER RESOLVED by the Board that it was the intention of the Board that eventually this change of zone should be 1-3 pending approval of the Zoning Ordinance. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C 'ORADO _r� ,/ 4.% 7 (Aye) C uck CarlsoCY hairman 4 (Aye) Norman Carlson, Pro-Tem 7, // city (Aye) C. W. Kirby %2.2.-tcJ (Aye) hn T. Martin ABSENT June K. Steinmark ATTEST: , Weld County Clerk and Recorder and—Sierk to t j Board BY:� C.-,4 1 , �, Deputy.- ounty Cl rk APPROVED AS TO FORM: County Attorney DATE PRESENTED: JUNE 22 , 1981 A public hearing was conducted on Jupg 17 , 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 , EXCUSED Also present: ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE,ALLEN JOST The following business was transacted: I hereby certify that pursuant to a notice dated May 11, 1981, duly published May 14, 1981 and June 4, 1981 in the Johnstown Breeze, a public hearing was hald on the request of Clyde and Margaret Malara for a change of zone from A (Agricultural) to I (Industrial) . Margaret Malara was present represting the Malaga's. The Planning Commission recommended that this request be approved. No one in attendance at the hearing was opposed to the granting of this request. Commissioner Martin made a motion to approve this request because the surrounding area has changed and further that when the zoning ordinance is approve this zone will become 13. Commissioner Carlson seconded the motion and it carried unanimously. • CH RMAN �1 r� ' r_ BOARD OF COUNTY COMMISSIONERS ATTEST: / �.,:. (4 s. .t: .; . (i WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Y: • LI "'A— / eputy Count Clerk / / DOCKET¥ 81-32 TAPE# 81-38 LHR 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. 31-32 Clyde & Margaret Malara 931 Weld County Road 27 Brighton, CO 80601 DATE: June 17 , 1981 TIME : 2 : 00 P.M. REQUEST : Change of Zone, from A(Agricultural) to I (Industrial) LOCATION: A part of the North one-half of the Northeast one-quarter of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described as follows : Commencing at the Northeast corner of said Section 31; thence West along the North line of said Section 31 , 520. 20 feet to the point of beginning; thence 589°31 ' 00"W, 1098 . 03 feet more or less; thence S00°29 ' 00"E 687. 27 feet; thence 567°03 ' 00"E, 344 . 32 feet; thence 508°03 ' 00"W, 54 . 00 feet; thence N89°34 ' 00"F., 547 . 30 feet to the West right of way line of Old U.S. Highway 85; thence N13°19'32"E along said West right of way line 904 . 23 feet more or less to the point of beginning; Containing 19 . 073 Acres more or less. Subject to County Road 44 R.O.W. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY : MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha White, Deputy DATED: May 11, 1981 PUBLISHED: May 14, 1981 and June 4, 1981 in the Johnstown Breeze ZONING CHANGE Z-350:81:4 ( AGRICULTURAL TO INDUSTRIAL )0;111 LEGAL DESCRIPTION: ,jl'j A part of the North one-half of the Northeast one-quarter of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld , State of Colorado, more particularly described as follows : Commencing at the Northeast corner of said Section 31; thence West along the North line of said Section 31; 520.20 feet to the point of beginning; thence S89°31'00"W, 1098.03 feet more or less; thence S00°29'00"E 687.27 feet; thence $67°03'00"E, 344.32 feet; thence 508°03'00"W, 54.00 feet; thence N89°34'00"E, 574.30 feet to the West right of way line of Old U.S. Highway 85; thence N13°19'32"E along said West right of way line 904.23 feet more or less to the point of beginning; Containing 19.073 Acres more or less. Subject to County Road #4 R.O.W. SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepared under my supervision andthat the same is correct to the best of my knowledge and belief. �.. R and W. Bayer .. .. ',c L, Reg. L.S.- No:, 6973 .17.1 PROPERTY OWNERS APPROVAL: -+ t. ' `� c I, _,being the sole owner(s) in fee of the=above described ro rty, do hereby request the zoning as shown on the attached map 14 The f regoing certification was acknowledged before me t is a0 day of , A.D. 1987 . Witness my hand and seal. FDA /4� r, My C fission Expires / ..-.2.3- ,f) ocapt't Notary Public PLANNING COMMISSION CERTIFICATION: This is to certify that the Weld County Planning Commission does hereby recom- mend to the Board of Commissioners, Weld County, Colorado for their confirmation approval and adoption of this Zone Change as shown and::described hereon this:. day of 19 Chairman, Planning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION: This is to certify that the Board of County Commissioners Weld County, Colorado do hereb confirm, prove and adopt this Zo Change as shown and described hereon this 17 day of ..-, , 19 8V ATTEST: Count Clerk airman, Board County Comm's. eputy RECORDED: DATE: II R `'UFI n ('nf1Nina r) t 4 44. /,n ,vs ' 20.2" n , -s. ^aR A 5A9°'4'00"v.I. 1098.03 CDex. (neat _- 30.92 5ig..a9-- 'i N Go'C0 / Zoo ' m h kti ti Ni to N. 53 il .„, Con�oinj /9. 073 k. 7- "(a' �, ,, h. D o� ,,,, ,1/4.,,,. ...,_ 5'627; .64a 03. 4 >.08°03.00 e 5 4 00(De 6C) �^ O., 3.490 /0'40'w 0,2eat.) ;r 1.1.3 Icei- ,A�89°54'0 - 574.30 etc) c� 'Y/. 32 '0 46".00,0 79'.00('./ ) " coa Zoo. eel:,' / / W E A S ZaQ Ssmisms4. O..- no 40ecr oCALE /'=Zoo TITLE - Clyde Malara Zone Change Z - 350:81:4 /V6 District to Z District ZONING CASE NUMBER CURRENT ZONE CLASIF PROP ZONE CLAS. WRJ-25-]5 RECEIVED JUN 0 3 1981 COLORADO DIVISION OF WATER RESOURCES WATER RESOURCES TYPE OR 818 Centennial Bldg., 1313 Sherman St. ATER RESOD PRINT IN BLACK INK. • nit NGINEER COPY OF ACCEPTED Denver, Colorado 80203 CM% STATEMENT MAILED 'AFFIDAVIT D ON REQUEST. STATE OF COLORADO SS. COUNTY OF STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD d LATE REGISTRATION 4, 59-0.283 PERMIT NUMBER J LOCATION OF WELL 1.THE AFFIANT(S) t von-t �jngeg'Qt t Mini-en County. Yr whose mailing , / Ry _1 !a�NE the ,Jr ye, Section 3/ OM address is Q.3/ We L D &OU N't- y f�j�odV o7 7 `7r�" / / ,�'f// Stelae/ r iii at. O C) Q 6 0 / Twp. / A) . Rng. .(p�..fp.�_ Its on WI. 4 P.M City / �" i21P1 IN OR SI (3 .r[) being-duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well is located as described above, at distances of "7/37.0 feet from the Aicp +14 section line and JAS 36 feet from the Efiai__ section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the l day of V Neill OW KJ , 19,34 ; the maximum sustained pumping rate of the well is a 1 gallons per minute, the pumping rate claimed hereby is _ 4 f gallons per minute; the total depth of the well is .54 feet; the average annual amount of water to be diverted is acre-feet; for which claim is hereby made for 73 n p1 6 5 Tt G., purpose(s); the legal description of the land on which the water from this well is.used is /1///1— /jl/ of which LOSS 414 acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he (they) has (have) read the statements made hereon; knows the (COMPLETE REVERSE content thereof; OF f; and thatt the same are true of his (their) knowledge. ET IS � r r Signature(s) (� y FOR OFFICE USE ONLY Subscribed and swot �/� 1 i , 19 V / to before me on this Y. day of �""' --- Court Case Na. J i —(f2 3 - e / Prior. Mo. __ Day Yr. My Commission expires: I St ail j� NOTARY / Div. Cty. ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO SeC A, PURSUANT TO THE FOLLOWING CONDITIONS: Well Use Dist. ___ Basin Man. Dis. _ . BY DATE STATE ENGINEER BEFORE TI JELD COUNTY, COLORADO PLANNING MMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date June 2. 1981 Case No. Z# COZ-350:81 :4 APPLICATION OF Clyde and Margaret Malara ADDRESS 931 Weld Co. Road 27, Brighton, Co. 80601 Moved by Jack Holman 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" ( Indu trial ) (I-3) District) covering the followi -ig described property in Meld County, Colorado, to-wit: Pt. of the NEa, Section 31, T1N, R66W be recommend (favorably) (1GXr>IgxUXILB O to the Board of County Commissioners for the following reasons: 1. The applicant has complied with Section 81 .7 et seq. of the Weld County Zoning Resolution regarding the application requirements for a change of zone. 2. It is the opinion of the Planning Commission that this is consistent with the Weld County Comprehensive Plan in that the property is located in the City of Brighton Comprehensive Plan area and the City of Brighton Planning Commission has recommended approval of the request. The Brighton Comprehensive Plan map identifies this property for future industrial land use. 3. It is the opinion of the Planning Commission that this request will be compatible with the surrounding land uses, will have adequate sewer service to serve the permitted uses within the proposed zone district, and will have adequate road and highway facilities to provide acess to the property. In Continued on second sheet. Motion seconded by: Jerry Kiefer Vote: For Passage Ehrlich _ Against Passage Billings Halleran Kiefer Holman Kountz Wafel Otis The Chairman declared the Resolution passed and ordered thatacer :ified copy be for- warded with the file of this case to the Board of County Commiss oners for further proceedings. CERTIFICATION OF COPY I, Jeanene Moore , Recording Secretary of the ltht d 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 June 2, 1981 and recorded in Book No. VII of the proceedings of the said Planning Commission. Dated the 4th. day of June , 19 81 . a_e2in eo c , ' 61-CJ-fi f.. Secretor Planning Commission Resolution to the Board of County Commissioners C0Z-349:81 :4 - Continuation of reasons June 2, 1981 - Page 2 addition, the property does not appear to have sand, gravel or other mineral resources on or under the subject property and is not located within a Flood or Geological Hazard area, and that soil conditions do not present moderate or severe limitations to development. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. The Planning Commission's recommendation for approval is conditional upon the applicant registering and reclassifying the well as a commercial exempt well , not increasing historic consumption of the well and the use be for drinking and sanitary purposes only (per May 6, 1981 Division of Water Resources letter) or obtaining a City of Brighton water tap. TEH:jkm j km COMMENTS Clyde Malara COZ-350:81:4 The Division of Water Resources has suggested the existing well be reclassified as a commercial exempt well. This will not change allowable limits of the well, however, properly identifies use of the well. No comment has been received from the Brighton Soil Conservation Service Office. No comment has been received from adjacent property owners. TEH:rjg 6/1/81 Date : June 2, 1981 CASE li'UMBER: C0Z-350:81:4 NAME: Clyde Malara REQUEST: Change of Zone from "A" Agricultural to "I" Industrial (I-3) LEGAL DESCRIPTION: part of the NE1, Section 31, T1N, R66W LOCATION: Adjacent to the north edge of the city of Brighton between Highway 85 and the railroad tracks and south of Weld County Road 21 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOM!SE1;T)S THAT THIS REQUEST BE approved FOR THE FOLLO1ti UG REASONS : 1. The applicant has complied with Section 81.7 et seq. of. the Weld County Zoning Resolution regarding the application requirements for a change of • zone. 2. It is the opinion of the Department of Planning Service's staff that this is consistent with the Weld County Comprehensive Plan in that the property is located in the city of Brighton Comprehensive Plan area and the City of Brighton Planning Commission has recommended approval of the request. The Brighton Comprehensive Plan map identifies this property for future industrial land use. . 3. It is the opinion of the Department of Planning Service' s staff that this request will be compatible with the surrounding land uses, will have adequate sewer service to serve the permitted uses within the proposed zone district, and will have adequate road and highway facilities to provide access to the property. In addition, the property does not appear to have sand, gravel, or other mineral resources on or under the subject property and is not located within a Flood or Geological Hazard area, and that soil conditions do not present moderate or severe limitations to development. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding the request and responses of the referral entities which have reviewed the request. The Department of Planning Services staff recommendation for approval is conditional upon the applicant registering and reclassifying the well as a commercial exempt well, not increasing historic consumption of the well and the use be for drinking and sanitary purposes only (per May 6, 1981 Division of Water Resources letter) or obtaining a City of Brighton water tap. COMMENTS Clyde Malara COZ-350:81:4 The Division of Water Resources has suggested the existing well be reclassified as a commercial exempt well. This will not change allowable limits of the well, however, properly identifies use of the well. No comment has been received from the Brighton Soil Conservation Service Office. No comment has been received from adjacent property owners. TEH:rjg 6/1/81 s . C REZONING APPLICATION 'ase # : -3So; $6Sq Dept. of Planning Services App. Ch' d By : ✓r Date Rec ' d: 4-Q0- R ‘ 915 10th Street App . Fee : /y0,00 Receipt # : /17Y</ Greeley, Colorado 80631 Record. Fee : y, 00 Receipt # : 32,1 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: 16006-C PT NE4 31 1 66 BEG W520.2' FROM NE COR S89D31 'W 1438'M/L TO E LN NIW HWY S01D18'W 30' 537D56' 192.6' SO1D18'W 326.8' 576D53'E 132.4' s67D03'E 718' SO8D03'W 54' N89D34'E 574.3' N13D21 'E 903.6'M/L TO BEG EXC BEG W520.20' (If additional space is required, attach an additional sheet) Property Address (if available) : 931 Weld County Road 27, Brighton, Colo, 80601 PRESENT ZONE A-1 PROPOSED ZONE 1-3 TOTAL ACREAGE 19 _ OVERLAY ZONES A-1 and 1-3 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Clyde and Margaret Malara Home Telephone if : 659-0283 Address : a Bus . Telephone ¶ : same BrighLou, Colo. 80601 Name : Home Telephone # : Address : Bus . Telephone # : Name : Home Telephone # : Address : Bus . Telephone ¶ : Applicant or Authorized Agent (if different than above) : Name: - ---same 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 : Same as above except coal rights to Union Pacific Railroad Address : 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 ) gna re : weer o AuthorizedAgent Subscribed and sworn to before me this /7 day of -/..✓ • , 19 8/. SEAL /G ti---4--Yle tZ5KL ' 2 NOTARY PUBLIC My couanission expires : /c) - c)-_3 - ?/ r To the Planning Commission and the Board of County Commissioners: I believe that the rezoning of the property at 931 Weld County Road 27, Brighton, Colorado from A-1 to I-3 would greatly benefit the community. Since the Fields Engineering and Fabricating Company would be utilizing this property, there would be an increase in revenue not only to the school and fire districts, but also to the entire community, due to the increase in jobs available. Rezoning of this property would be in compliance with the already existing propsed planning of this Brighton-Southern Weld County area. This property is easily accessable from U.S. Highway 85 and directly accessable from either Weld County Road 27 or Weld County Road 4. Any of these roads would be capable of handling any change in traffic related to the FieldS business. There is enough water to handle this type industry. There is a domestic well and septic system located near the house. The irrigation well is located at a point 1180 feet West and 396 feet South of the NE corner of Section 31 , T1N, R66W of the 6th PM. The date of appropriation is Dec. 31 , 1922. The amount of water is 1 .78 cubic feet per second or 800 gallons p':r minute. The well registration number is 11620. The registration date :is April 18, 1960. The judication date is Feb. 7, 1973. Sincerely, Margar Malara • • • SOIL' SURVEY OF SUBJECT PROPERTY This soil survey performed in accordance with the Weld County procedural guide for rezoning, paragraph 81 .7.4.7, and United States Department of Agriculture, Soil Conservation Service, Colorado Agricul- tural Experiment Station, Soil survey of Weld County, Colorado issued September, 1980. Soil Description Altvan loam, 0 to 1 percent slopes. This is a deep, well drained soil in terraces at elevations of 4,500 to 4,900 feet. It formed in old alluvium deposited by the major rivers. Included in mapping are amsll areas of soils that show evidence of poor drainage. Typically the surface layer of the Altvan soil is grayish brown loam about 10 inches thick. The subsoil is brown and light yellowish brown clay loam and sandy clay loam about 15 inches thick. Permeability and available water capacity are moderate. The effective rooting depth is 20 to 40 inches. Surface runoff is slow, and erosion hazard is low. Aquolls and Aquents, gravelly substratum. This nearly level map unit is on bottom lands and flood plains of all the major streams in the survey area. Aquolls, which have a dark colored surface layer, make up about 60 percent of the unit. Aquents, shich have a lighter colored surface layer, make up about 35 percent. About 5 percent is Aquepts and Bankard sandy loam. These are deep, poorly drained soils that formed in recent alivium. No one pedon is typical. Commonly the soils have a mottled, mildly alkaline to moderately alkaline loamy or clayey surface layer. In places they have a gleyed layer in the underlying material. The water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall in some years. These soils are used for rangeland and wildlife habitat. Some small areas have been reclaimed by major drainage and leveling and are used for irrigated crops. Dacono clay loam, 0 to 1 percent slopes. This is a deep, well drained soil on terraces at elevations of 4,550 to 4,970 feet. It formed in mixed alluvium. Typically the surface layer of this Dacono soil is grayish brown clay loam about 12 inches thick. The subsoil is grayish brown clay loam about 15 inches thick. Permeability is moderately slow. Available water capacity is moderate. The effective rooting depth is 20 to 40 inches. Surface runoff is slow, and the erosion hazard is low. Ustic Torriorthents, moderately steep. These are deep, excessively drained soils on terrace breaks and escarpments at elevations of 4,450 to 5,100 feet. Included in mapping are small areas of soils that have pockets of sandy loam and loam in the underlying material. Permeability is rapid. Available water capacity is low. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. i :s_ • O A_PPLk NT Clyde and Margaret Malara (:"- H F+ I CASE # Z-350:81:4 • . REFERRALS SENT OUT OM: April 27, 1981 z v REFERRALS TO BE RECEIVED BY: May 19, 1981 C !=a PQ H M w' j H o C Ir I-4 P. 1 h P N M f-+ :a o u j, t c REFERRALS RECEI.VF1) OL- County Attorney (Plat only) J - IC ..1yk County Health q7C41 -1 I County Engineer . YWilbur Wafel Manning Commission Member P.O. Box 333 Keenesburg, Colorado 80643 Brighton Soil Conservation Service 108 West Walnut Street 1 Brighton, Colorado 80601 Colorado Geological Survey [V-- V 2 Q0 t 1313 Sherman Street /` J Room 703 Denver, Colorado 80203 �� Rob Walsh (659-4050) ".X City of Brighton, P.C. - May 7, 1981 22 South 4th Avenue May 12, 1981 Brighton, Colorado-80601 \/ - '7 - S ' State Highway Department /x 1420 2nd Street Greeley, Colorado 80631 State Engineer 5 - ' I - S ' Division of Water Resources ` 1313 Sherman Street Room 818 Denver, Colorado 80203 _f- FIELD CHECK FILING NUMBER:- COZ-350 ' 'DATE OF INSPECTION: April 30, 1981 NAME: Clyde and Margaret Malara REQUEST: change of zone from "A" to "I" (I-3) LEGAL DESCRIPTION: part of the NEk, Section 31, TIN, R66W LAND USE: N Industrial and agricultural E Agricultural - hog operation S Industrial and Agricultural W Commercial/Industrial ZONING: N Agricultural and Industrial LOCATION: la mile north of Brighton E Agricultural S Agricultural W Commercial COMMENTS: Subject property presently used for vegetable produce operation. A residence and outbuildings on the east edge. of property. Southerly is an abandoned feedlot, small residential area and industrial subdivision. The west contains a varienty of commercial and intensive agricultural uses. East is agricultural uses. Various commercial, industrial and agricultural uses are to the north. / BY: `C.-(0111 -5 TEH:rjg 2<1 1,.(trifiEStiO " Y O JOHN W. ROLD RICHARD D. LAM M. i F�"Yf,=p # GOVERNOR t �i"'°.� ♦ Director l ]676 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING- 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 May 12 , 1981 Mr. Roger L. Huton Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Huton: RE: MALARA ZONE CHANGE Z-350:81:4 ANDREWS ZONE CHANGE Z-349:81:3 We have reviewed the zoning changes listed above. We have a couple of comments concerning development of this property. 1. This site is underlain by potentially economic sand and gravel deposits. 2. The gravel deposits and seasonally high groundwater table may cause the malfunction of the on-lot leach field. Mounded leach fields or some other type of engineered system may be required to prevent ground water pollution. We have no objection to the zoning change. However, we do recommend that the potential for extracting sand and gravel from the site be examined. We also recommend that the present sewage disposal system be examined by a qualified sanitarian to determine if it is working properly. We do not recommend that industrial waste be disposed of in the standard on-lot system. Reviewed by, Julia E. Turney RE lEi7 CO Engineering Geologist CEI� �� Haaa Coam1wo, vt �°'aissioa LUC • �CcB�[c ti V� GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE of C% ! RICHARD D. LAMA,' !eTO J. A. DANIELSON ' Governor �' eat O State Engineer 1876 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 May 6 , 1981 Weld County Planning Dept. 915 10th Street Greeley, CO 80631 Re: Malara Rezoning Z-350-81-4 Gentlemen: • We have reviewed the above application for rezoning. It is the determiantion of this office that we can recommend approval of the pro- posed rezoning based on the conditions that: 1 . The use of water from the existing domestic well would be for drinking and sanitary purposes only. 2 . There would be no increase in the historic use from this well. 3 . The applicant registers the domestic well with this office. Wells developed prior to 1972 may be late registered through this office. We further recommend , that the applicant apply to this office to reclassify the well from domestic to exempt commercial. Approval of this application will be made only upon the conditions stated above . If evidence exists that these conditions will not be met , we would like to have the opportunity to re-examine the proposal. It should further be noted that this review applies only to the domestic well. Use of this domestic well would be limited to drinking and sanitary purposes only - absolutely no indistrial use would be permitted. Also, this does not constitute authorization to use the irrigation well (permit #11620) for industrial purposes . Changing the use of this well requires application to the Water Court. s),-.,. b� r i Very truly yours , "`-(1/ 41- c ` .,�. c g6� P��l. cJ A �� JG u i HDS/KCK:pkr $a1 D. h on, P. E. �s,r) e cc: Jim Clark, Div. Eng. Assistant State Engineer `9> % Land Use Commission "ea- Reiner Haubold -- lOE NOTICE Pursuant to the zoning laws of AFFIDAVITOF PUBLICATION the State etColorado and the Weld County a Resolution, a pu c haax4ng wilt be held to the beflof the Board of THE JOHNSTOWN BREEZE County wane of Weld STATE OF COLORADO ) County, ial-Ce o Weld County 10th Centeno.a'I�Center, 915 10th ) SS Street,Gre►lav,Colorado,at the time spec MI intentst�,h In an..'the COUNTY OF WELD ) zoneareg ato.ttana sna I, Clyde Briggs, do solemnly swear that I may be hes`�ra. am publisher of The Johnstown Breeze; BE IT ALSO KNOWN that the that the same is a -weekly newspaper text and mantain rarledbyMe printed, in whole or inpart, and published County-Pla maps so Commission the may be exalniJ to the Office in the County of Weld, State of Colorado, of the Clerk to the Board of the County Commissioners, located and has a general circulation therein; that to the Weld aunty Centennial' Center, 915'10th Street, mini said newspaper has been published Floor, Greeley, Colorado. continuously and uninterruptedly in said ctyde&MarAPPLMICaA1aNrTa County of Weld for a period of more than 931 Weld County fifty-two consecutive weeks prior to the Brighton,CO$0901 first publication of the annexed legal notice DOCKET NO.81-82 or advertisement; that said newspaper has DATE: June 17,.1981 been admitted to the United States mails as TIME: 2:00 P.M. second-class matter under the provisions of REQUEST: Change of zone the Act of March 3, 1879, or any from A '(Agricultural) to f (Industrial) amendments thereof, and that said LOCATION:Apart part of the Werth newspaper is a weekly newspaper duly one-half of the Northeast qualified for publishing legal notices and elicit of Section wei: advertisements within the meaning of the We"cl� of laws of the State of Colorado. Weld, fate of Colorado, more Part'ctgla'U' described as bl- That the annexed legal notice or advertise- east m at the North. eest eWestma°e�a�a secq� ar; advertise- ment was published in the regular and ofthence Westalong the., l�e entire issue of every number of,_kaid weekly the said Sectionfbeginning;, foal e point,of 31'00" nrne. newspaper for the period of . ..ua,rt.u- greaa..aP00" W, 1099.Oa. feet more or lad- thence Soo five insertions; and that the first degrees 29' 00" t 687.77 feet; thence plat 0a' 90"-E, publication of said notice was in the issue of 844.82 W,5 arm/ degrees89 said newspaper dated ht. .l.Y., A.D. 19///, degrees feet; 'OD"feet; Hence Nag �y right OD"S.547.80 feet to and that the last publication of said notice U.Sthe west of yline of old p deg Highway IS"6~`7yhleon�es N13said was in the issue of said newspaper dated w�shtotw4ry Hne1 Lfefeet 7''.e.c..Y., A.D. 19 Ii more or lees to the point a beginning; Ctalntn In witness whereof I have hereunto set Acres more Of .Subject ject to my hand this 1/ day of?Zr- County Road No. 4 R.O.W. .O.w. A.D. 19)Y. THE BOARD OF COUNTY COWELD MMISSIONERS [1 -4.61‘//---7" (�/J/.) �`/'f/�/J/�/ may COLORADO ANN /�/ // / BY:MARY ... .... ,E{.S. COUNTY ANN Publisher ND RECORDER AND CLERK TO THE BOARD BY:[Oahe White, Subscribed and sworn to before me, a Deputy Notary Public in and for the COllnty of DATED: May 11, 1981 _ � d State of Colorado, this.7/11'day of PUBLISHED:May 14 1981 and -/:-t----' -.. A.D. 19. l . June 4Breeze, 1981 in Me Johnstown .: / Co o.Le M gal 811.14CNNr to the i /' 1 A / ��yyi��- /- Notary� Public. My commission expires Z.I. �// -I:2 • Ee Ei='"=E `lido n IEsii a' =:1.6. E €i2.7P '^073oor a;ZVCJo&bffi$$ a Iajy1�,y Ebi$a:sa$ En o�:6.^S OWly.zrcC V.Haty O Y f ac):9VUM.iJiCU toile's, R51ONYyaa ' t iriomdzit :4 miter V mq Y t �Yf ; `^$ $j!; • f=a2 -aI ti P u.p,� �n se )51 �', 4�s .-tyrg0 .ren `_irc LoHPg-0q,- .-I° . Eg`� a coWNlga,K .. S Or O_F �F uEtug ERE Millie w1`Iya0. `w eq m F.w c t. m J ._ 3 pt . 3 y` ti Q L O. U nQ c c.J. .Q U a o t �' v ,Q n ` j 0 W > z. a G -1�. 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C, 4' 1 - . off t4 MATT CI M1ISSSSIO e' - / 71 9/ 17`.. ` 33 1381 a9EELE94 COLQA April 20, 1981 Vicki Traxler Assistant Zoning Administrator 915 10th Street Greeley, Colo. 80631 In order to expedite an .early rezoning hearing before the -commissioners, I would like to request the you pre-advertize my rezoning request. I am willing to accept the risk of denial by the planning commission. Sincerely, 1 .44 Margaret/Malara J/ AFFILAVIT OF rST nW -'RS SUFI _CE EETz.:E Acplication No. Subject Property (19,( s/22 % I27IDLAZA STATE OF COLORADO ) ss COUNTY OF WELD THE UNDERSIGNED, being first duly sworn , states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all surface owners within 500 feet of the property of the subject application as their names appear upon the plats or records in the Weld County Clerk and Recorder ' s Office and as their most recent addresses appear - in a telephone or other directory of General use in the area of the subject property or on the tax records of Weld County. ern; "S 7ti3�� The foregoing instrument was subscribed and sworn to before me this .90 day of /(1,fift,c,C , 19 I/ by �>> )Irc A WITNESS my hand and official seal . - My Commission expires : /,9 - .4?` - y4 - - - � /Lt Notary Public c 6- __ _1c . , v_6_ Enirle S. Brooks 45'9-2040 P.O. Box 283 Brighton, Colo. 80601 E. Johnson 656-2207 12639 Weld County Road 4 Brighton, Colo. 80601 Ja Ice 126f9 Weld County Road 4 Brighton, Colo. 8O01 Oil Well Perforators 659-512E _27Ct Weld County Road 4 Brighton, Colo. 8060_ Jir.'s Water Service 659-6606 Jior.y Brannon 8574668 Weld County Road 4 and Hwy. 85 Brighton, Colo. 80601 Brighton Welding 659-0647 Ralph -yenning 659-2395 Weld County Road 4 & Hwy. 85 Brighton, Colo. 80601 Gordon Hurley 659-3660 12988 fled County Road 4 Brighton, Colo. 80601 Kityama Brothers- Greenleaf Florist 659-8000 Ray fl tayara 659-4375 13239 Weld County Road 4 Brighton, Colo . 80601 Robert Sakata 659-1559 Weld County Road 2 659-5012 Brighton, Colo. 80601 Joanne Andrews 794-3710 10 Driver Lane Denver, Colo . DA_n : -ay J . __ o_ TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearings for the 17th of June, 1931 DOC '.'=81-32 Clyde & Margaret Malara, COZ , A TO I DOC -',`,81-33 JOAN_TE ANDREWS, CO3 , A TO I OFFICE OF THE CLERK ¢TAO THE BOARD BY � /L.�.�-: Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO "Qohise— );47—r"et - 11 = Hello