HomeMy WebLinkAbout820049.tiff AR1405023 RESOLUTION
RE: GRANT CHANGE OF ZONE FROM A (AGRICULTURAL DISTRICT) TO 1-2
(INDUSTRIAL DISTRICT) FOR BOURDETTE BRYANT
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
ci Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 23rd day of June,
ow
1982 , at 2: 00 o'clock p.m. for the purpose of hearing the appli-
cation of Bourdette Bryant, 589 Great Western Road, Brighton,
Colorado 80601, requesting a Change of Zone from A (Agricultural
District) to I-3 (Industrial District) for the following des-
cribed parcel of land, to-wit:
_ A parcel of land located in the Northwest one-
quarter of the Southwest one-quarter of Section
17, Township 1 North, Range 66 West of the 6th
Principal Meridian, County of Weld, State of
Colorado, being more particularly described
as follows:
Beginning at the West one-quarter corner of
said Section 17 , and considering the West line
of the Southwest one-quarter of said Section
17 as bearing South 00°00 ' 00" West, with all
other bearings contained herein being relative
r thereto; thence South 00°00' 00" West, along
k, said West line, 523. 52 feet; thence North
89°42 ' 10" East, 469. 00 feet; thence North
00°24 ' 15" West, 523.•53 feet; thence South
89°42 ' 04" West, 465. 31 feet to the Point of
Beginning.
Said described parcel of land contains 5. 614
acres, more or less, and is subject to any
rights-of-way or other easements as recorded
by instruments of record or as now existing
on said described parcel of land.
WHEREAS, Section 21. 6. 2 of the Weld County Zoning Ordinance
provides standards for review of such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the
testimony and statements of those present; has studied the re-
quest of the applicant; has studied the recommendation for denial
from the Weld County Planning Commission; and having been fully
informed, finds that although I-3 (Industrial District) may not
be appropriate, I-2 (Industrial District) is appropriate for such
Change of Zone and should be granted for the following reasons :
TkOSCSR
820049
H
Page 2
RE: COZ - BOURDETTE BRYANT
1) I-2 (Industrial District) is more restrictive to
applicant.
2) Applicant meets standards for I-2 (Industrial Dis-
rict) .
3) The uses which would be allowed on the subject pro-
perty by granting the I-2 (Industrial District) Change
of Zone will be compatible with the surrounding land
uses.
4) Even if not in standard compliance with Comprehensive
Plan, recent development and its approximate location
to transportation lines , i.e. , Highway 85 and the
Union Pacific Railroad, justifies rezoning.
c
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
o m
missioners of Weld County, Colorado that the Change of Zone from
A (Agricultural District) to I-2 (Industrial District) on the
uj
above referenced tract of land be, and hereby is, granted subject
to the applicant providing screening.
hi
The above and foregoing Resolution was , on motion duly made
CCh. 7 and seconded, adopted by the following vote on the 23rd day of
chi
', June, A.D. , 1982.
uj
BOARD OF COUNTY COMMISSIONERS
c _ WELD COUNTY, COLORADO
„, z AL-
y/ . - 22:27,--2,,, /� (AYE)
a tin, rman
- 4. -4 (AYE)
C ck Carlson, Pro-Tem
a, M EXCUSED
Norman Carlson
,. (AYE)
W. Ki y
). NAY)
ATTEST: ne K. Steinmark
Weld' County Clerk and_Recorder
and lerk- to, the -Board/-,
/ ..
K- BY: ,
_- 60PUty . 'erk
P V"ED '117,0-7_, FORM: zy
County Attorney
DATE PRESENTED: July 7 , 1982
AR1905024 i;, !:i:, Q n'. , " 92 l(1.51 So (,i0 1 /00 1 . .422_I8/
F ;?v i r riAil i�N I L..0 R I. s TEE I CI 0 1:R & C. 0 K REEL: )ER WE1... C0, CO - 3R7 V_
MALARA / GERMAN ZONE CHANGE
AGRICULTURAL TO INDUSTRIAL
N
OO ZONING CASE NO. 2- 363:82:5
W E A (Agricultural) to I-2 ( Industrial)
O
S
SCALE; 1"7: 100'
`
r- 30' 13c W 1'/4 COR 7. SE .. I
-ti N.,R.CoCoW
V' S 89°42'O4"W P 465.-51' 1. � ,�-Zoo.00' -
t tiTloRTH 1-I ME. NW 1/4 SW 1/4 i
? t Sec..11
POINT OF SE41NS11NC, --.-griler 08
-al' a
w
�
in
Z I � 10
') V. I•STORY METAL VIHSE. 6 N —
f3O' R.O.W. 'SOO.00 N
3 Itil Za NW Y. 85 N
a
CONTAINS 5.!014 ACRES
MORE C z LESS
C INCWnEs 3O' Ravi Fora Hwy.%S) ei, Q
0. eL 2 _
0
2 ,
N 2 D
0 N 3 —
o
0 862
0 n 7 h
3d 30 �!
LA -
o
CO S '
S . I 0 zoo.0o'
T 14 89°43'JO"E 49.00%' "Cc_,ft I
Z 3 1I1I��Q. DgTE OF 17RAWtNb ' FE2uIARY IT, 19$2
T. 1�
I♦' I W
DA.
S LEGEND
,,,�t
,
µI' 0 DENOTES: #4 REI3cw. WITH O.A.EA•
`/ 1 / . CAI?' LS.!09'13~ SE-T
• DENOTES: E-Lis-•t 4t, F bS
—Fs—DEt••IoTes: POWER LINE
6
PAGE. u;: 2
II I
F 2010 MARY ANN I I UERS "P. CLERK & RECORDER WELD (:;'' CO
MALARA / GERMAN ZONE CHANGE
AGRICULTURAL TO INDUSTRIAL
LEGAL DESCRIPTION:
A parcel of land located in the Northwest one-quarter P'
of the Southwest one-quarter of Section 17 Township 1 I' jti
North, Range 66 West of the 6th Principal Meridian , County
of Weld, State of Colorado, being more particularly
described as follows :
Beginning at the West one-quarter corner of said Section
17 , and considering the West line of the Southwest one-quarter
of said Section 17 as bearing South 00°00 ' 00" West , with
all other bearings contained herein relative thereto;
thence South 00°00 '00" West , along said West line , 523.52
feet; thence North 89°42 ' 10" East , 469 .00 feet; Thence North
00°24 ' 15" West , 523 .53 feet ; Thence South 89°42 '04" West , 465.31
feet to the Point of Beginning .
Said described parcel of land contains 5 .614 acres more or
less , and is subject to any right-of-ways or other easements
as recorded by instruments of record or as now existing
on said described parcel of land .
CERTIFICATE OF SURVEY
I hereby certify that the survey shown hereon was made K .
by me and under by direction and is accurately shown on •
this plat to the best of my knowledge and belief . ``x.
71-3a4..1-4-) f { f r.
Ul�e9. L. ... A/O. 6 n73 ( 7n 1
t 00,4411/4 Air
I- c
PLANNING COMMISSIONERS CERTIFICATE XIft)r:`'n gamafgr
This is to certify that the Weld County Planning „
Commission has approved and does hereby recommend to the
Board of Commissioners , Weld County , Colorado for their
confirmation , approval and adoption of this Zone Cha ge
as shown hereon and described this 2 / day of jef ,t.
1982 .
irman , P ann ng Commi ion
BOARD O1 COUNTY COMMISSIONERS CERTIFICATION
e, 1
T 1.:s po certify that the Board of County Commissioners ,
Weld Cotintyy Colorado, do hereby confirm, approv nd
adopt his one Change and regul i s is s2tday
of , 1982 . _--
ATT ST : Q~ s 1. 7 4224 >
ty erthi Ch man , Board of County Comm.
BY' RE RDED: / 47O.5.424.1 St
Deput / DATE: SEP 9 in
COUNTY CLERK AND RECORDER CERTIFICATE
•
This plat was filed for record in the office of
County Clerk and Record r�yof Weld County , Colorado at
toi,51
A.M. on the p37 day o£Stp7Mbey ,, A.D. ,
•
Q 7rezuk
Reception No 1-I 0 co- G
Count Clerk and Recorder
k
PAGE 2 OF 2
7 NC,,.
A public hearing was conducted on June 23 , 1982 at
2 : 00 P.M. , with the following present:
JOHN MARTIN CHAIRMAN
CHUCK CARLSON PRO TEM
NORMAN CARLSON COMMISSIONER , Excused
BILL KIRBY COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, Jeannette Sears
ASSISTANT COUNTY ATTORNEY, R. Russell Anson
PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated May 17, 1982, duly
published in the LaSalle Leader May 20, 1982 and June 10, 1982, a public hearing
was held on the request of Bourdette Bryant for a Chance of Zone, from A
(Agriculture) to I-3 (Industrial) . The Planning Commission recommended that this
request be denied. Vince Phelps, legal counsel was present representing the
applicant. Mr. Phelps stated that the town of Ft. Lupton would prefer that
the C-3 be approved instead of I-3. Mr. Phelps stated that they do intend to
construct a fence around this facility. No one was present opposed to this
Change of Zone request. After all the testimony was received Commissioner
Steinmark made a motion to deny said Change of Zone from A to I-3. This motion
died for lack of a second. Commissioner C. Carlson made a motion to approve a Change
of Zone from A to I-2 subject to screening. The I-2 (Industrial District) is
more restrictive to the applicant, the applicant did meet the standards for I-2
(Industrial District) , the uses which would be allowed on the subject property
by granting the I-2 will be compatible with the surrounding land uses, and
even if not in standard compliance with the Comprehensive Plan, recent development and
and its approximate location to transportation lines, Highway #85 and the
Union Pacific Railroad, justifies rezoning in the majority of the Board's
opinion. Commissioner Kirby seconded the motion. The motion carried by the
following vote: Commissioners C. Carlson, Kirby and Chairman Martin voted yea.
Commissioner Steinmark voted nay.
IRMAN
1 3-4AA (f OARD OF COUNTY COMMISSIONERS
ATTEST: 1111`
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
B1 :
L--Dgp,5ty County Clerk
v
DOCKET# 82-27
TAPE# 82-45
LHR 1087
NOTICE
Pursuant to the zoning laws of the State of Colorado and the
Weld County Zoning Ordinance, 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 . 82-27 Bourdette Bryant
589 Great Western Road
Brighton, CO 80601
DATE : June 23, 1982
TIME : 2 : 00 P.M.
REQUEST : Change of Zone , from A (Agriculture) to I-3 (Industrial)
LEGAL DESCRIPTION :
A parcel of land located in the Northwest one-quarter of
the Southwest one-quarter of Section 17 Township 1 North, Range
66 West of the 6th Principal Meridian, County of Weld, State
of Colorado, being more particularly described as follows :
Beginning at the West one-quarter corner of said Section 17 ,
and considering the West line of the Southwest one-quarter
of said Section 17 as bearing South 00°00 ' 00" West, with all
other bearings contained herein being relative thereto;
thence South 00°00 ' 00" West, along said West line, 523. 52 feet;
thence North 89°42 ' 10" East, 469. 00 feet; Thence North
00°24 ' 15" West, 523 . 53 feet; Thence South 89°42 ' 04" West,
465. 31 feet to the Point of Beginning.
Said described parcel of land contains 5. 614 acres more or
less, and is subject to any right-of-ways or other easements
• as recorded by instruments of record or as now existing on said
described parcel of land.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Bette M. Foose, Deputy
DATED: MAY 17 , 1982
PUBLISHED: MAY 20 , 1982 and JUNE 10 , 1982 in the LaSalle Leader
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Paula A. Barton of
said County of Weld, being duly sworn, say that I am
an advertising derk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
n
(� r na Board o(- Greeley,' *AY Foumy, y, .in said county and state; that the notice or
rts`� bt€t • nein, Clan advertisement, of which the annexed is a true copy, has
'aide,in* Bud,AN Persons been published in said daily newspaper for consecutive
M any manner I In the tallov}
"lB""tlretiosed - Win m zone are (days) 6Z4faih aa; that the notice was published in the
iimaited to+Nand may ben ard..
s�BEmITptts aS:N. the C text regular and entire issue of every number of said
m�gIy by the County
PmeBh'If�me(OD MO be exam:, newspaper during the period and time of publication of
lewd Of the commie neS, said notice, and in the newspaper neared Nerve WWI Centennial
proper and not in a
Center, TI5.iT1h Street, Third lFloor supplement thereof; that the first publication of said
...are laY.tploraaa i.
DOCKEr1(O.:es-n • notice was contained in the issue of said newspaper
APPLICANT:Bourget&Bryant
SWGreetWesttrmRoad bearing date
DAME TE teqnnt 10601
TI ]:tBP
REQUEST:;.Ca+nee of zone, from A Seventh
(apiculture)toll(Itgdstaal)
LEGALDESCRIPTION: day of June A.D. 19 82
It arser of*land located in the
Northwest one-quarter of the SENNwest and the last
t
&whiterter of Seam lT Township publication thereof; in the issue of said
Marv.a NyaiRanva 64 West at m newspaper bearing date the
Pe M
Seventh
day of June A.D. 19 82
that said The Greeley Daily Tribune and The Greeley
Republican, has been published continuously and
sad-West IM,523.52 fOOl:
menda North nerTr East,ree.bofeet: uninterruptedly during the period of at least six
Thence. North-$.04'15" West, 523.53
feet; Thence South awarba^ west, months next prior to the first issue thereof contained
445.31feet40 the Point of Beolnning.
I S+ldcrestAibed parcel et land contains said notice or advertisement above referred to;that said
5414 acres more of kas,end Is subject
to any rlgmtit-ways sir other easemetns newspaper has been admitted to the United States
'b a==% :g`4o.:<ei mails as second-class matter under the provisions of the
Ot&l W:
Opts*:May lr„iws Act of March 3, 1879, or any amendments thereof; and
BOARD COMMISSIONERS that said newspaper is a daily
WELD COUNTY COLORA00 newspaper er P P duly qualified
. "Y:MMttANN=11�RSTEIte for publishing legal notices and advertisements within
1"'In t= the meaning of the laws of the State of Colorado.
June 7, 1982
Total charge: $18.56
�•-• ° ,_ c_
a Cam. , —.>%c.s—k,t---
Advertising Clerk
Subscribed and sworn to before me this
7th d of June A.D. 19 82
My co issio io/expir& 'Y w;Ala I `.clul ��h,r� �, '7 n9R�
Notary Public
Affidavit of Publication a
fiattailatilstSTATE OF COLORADO 1 iglF eTr`At�i1Ww1Md
ss. awls Mrto•N OSINe.me om c
County of Weld. ) MGM*OS- i me Mai-
I, i.
// y.i1FE', z� CwnW.
said County of Weld. being duly sworn`, say that MI
1 am ppuuublisherrfooff` J
UC �./ VMS ehearetitast b.a d
.C L -2L/Z. ei CLrLi maT be McSrd.
that the same is a weekly newspaper of general BE IT ALSO KNOWN_that the
circulation and printed and published in the text wad naps se certified by the ten 17 as beari
Countyng all
South s dermas
/e( ' be
Pahl CNflt4i. . ,Miley LW; bwaUn aR ass bearing*
town of vt -.s,,,1LC-�/�Z.-... . M*samba UI Win PII4MIIf Una being ref
in said county and s'a'e; that the notice Cr clover CI *k*it ' fie i*itociegeold Mliotadit
tisement, of which, the arnexea is a rue Copy. i OOn Ullr'sis*SStlNfente Nendi
has been published to sa ceek.y .ewspaper i,T p Plies ,lAlr C' H' Last; ot.Oi feats uses
�q} Wirth 00 degrees 2C IS", tot.
for __ ..2 consecutive ' _ D7,SS fait; Theism Sou* M'den
DOCKET NO.SAO
weeks; the: r nonce 0...C5 psbiis ted m the yy Ni.iL MUAf R
�b�
regular and entire issue e -y nuniner of said APPLICAN1 9b describedlll el Nod
newspaper during the pe oa and tome cf pulrlt- Beerdette drys* contain S.aN aaas Kr a
: IOW
cation of said nonce and .he newspaper Sit Groat Wester*Road Man sated essay riNNtl-Wyli
and not in a sir e r. thereof, 'righted:CO SUNt ' -Welter Js
proper pP of, Lhat Inn nCM'1MKM".
first publication of said notice -Kos :crowned in DATED:Jun 23,1S id
�kNMai tM as Said 1ksCtSMNpNrOr W
the issue of said gewspaoer zcc 'a date th= TIME: S:06+.M. mod• -
�/Q (_
�[ day of 7 'dttj A 19 ; REQUEST%Qfap Y 0,In ; '
and the last publaa i,n t'rd - i in th issue of A(Agriculture)(Agriculture)te W l�YSMIal) "WARD Op COUNTY
said wspaper bearing date he /U. day c: ` COMARffaONERS
ism DEKRI aces: WELD COUNTY.COtARADO
19 �n that the said A ppaads a ins isms'plow, iY MARYfNINi*RRlitEM
/ � >y JJ Naayp'taNS�owIfitma terser all eL. S COMO MOM 1t li
v•(<',.%<t.Lc'� SLc' ifee at CIE,RNTDYNElDlN11
has been published cort:n o'sy and uninterrupt of MAIN Matt n ,n ..
edly during the period of least fi:ty-two con II pi rttpNp7S jEO EY.�eeUa ACiM5ahw..fflWK
secutive weeks next MIen, ,OATRD
prior to the !list issue thereof
containing said no r 4 ,Ms - M. W
nonce or cdven!ser ent above em ir d�,-eS n _/StllyRMa a IMP yew yEdaf
referred to; and that said newspaper was at the �f ��#0 IM 'alrSdMS:•QNp Ilk SRd.�wlM.It..
time of each of the publications of said notice
duly qualified for that purpose within the mean-
ing of an act, entitled, "An Act Concerning Legal
Notices. Advertisements and Publications, and
the Fees of Printers and Publishers thereof, and
to Repeal all Acts and Parts of Acts in Conflict
with the Provisions of this Act,' approved April 7,
1921, and all amendments thereof, and portico-
larly as amended by an act approved, March 30
1923, and an act approved May 18 1931.
.
Pub' er
Subscribed a sw m _orn to before e this ...e:.Z1/ -
day of �'i. A .. 19-.1-v``
My commission expires _—_ _ //-_7_
Notary Public
MAILING LIST
Bourdette Bryant
Z-363
John B. Able
1550 Crestridge Drive
Littleton, Colorado 80120
Lois D. Smee
P.O. Box 182
Fort Lupton, Colorado 80621
Anna M. Slater
3302 Weld County Road 27
Fort Lupton, Colorado 80621
Ralph S. and Robert L. Villano
120 9th Street
Fort Lupton, Colorado 80621
Sakata Farms
P.O. Box 499
Brighton, Colorado 80601
Clyde and Margaret Malara
931 Weld County Road 27
Brighton, Colorado 80601
BEFORE TI: .._LD COUNTY, COLORADO PLANNING .iSSION -
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMIS qlins
Date April 20, 1982 Case No. Z# 363:82:5 ?- WbacTh
APPLICATION OF Bourdette Bryant '� i'�'13 1982 ,''�(
ADDRESS 589 Great Western Road, Brighton, Colorado 80601 p (�
ReELEY cola
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-3"( Industrial District) covering the following described
property in Weld County, Colorado, to-wit:
Part of the NW' SW1, Section 17, T1N, R66W of the 6th P.M. , Weld County,
Colorado
be recommend (cf@iyat lgi& (unfavorably) to the Board of County Commissioners
for the following reasons:
His motion was going to go along with the staff's recommendation. There may be a
solution in the future that will preserve this (area) not as heavy industrial, but
will keep it according to the town of Fort Lupton's desires. Personally, he
fells the town has reasons for wanting a buffer zone. Therefore, he moved because
of the reasons given by the Department of Planning Services staff that the
Planning Commission recomment to the Board of County Commissioners that this
request be denied.
PLEASE SEE ATTACHED SHEET
Motion seconded by: Betty Kountz
Vote: For Passage Jerry Kiefer Against Passage Bob Ehrlich
Wilbur Wafel
Bette Kountz
Bob Hglleran
Jack Holman
BIll Diehl
Fred Otis
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, Bobbie Good , 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 April 20, 1982 and recorded in Book No. VIII of the proceedings of
the said Planning Commission.
Dated the 23rd day of April , 1982
Secretary
804-80-050
Z-363:82:5
Bourdette Bryant
Part of the NW1 SW1, Section 17, T1N, R66W of the 6th P.M. , Weld, County
April 20, 1982
Page 2
REASONS GIVEN BY THE MEMBERS OF THE WELD COUNTY PLANNING COMMISSION FOR
CASTING TRIER VOTES.
JERRY KIEFER:
Has no objections to a Use by Special Review Permit being given for this
land because it is not a permanent zone change, or some other type of
zoning the town of Fort Lupton would go along with. He is objecting
beccause this type of zoning ("I-3") is heavy industrial and is contrary
to the city of Fort Lupton's plans.
FRED OTIS:
Because "I-3" zoning allows for so many potential uses the applicant may
do. "I-3" meand "I-3" and if the building were to be sold, there are
all kinds of other uses permitted under the Zoning Ordinance that he
feels would be inappropriate and harmful to the area. We have to look
at what may be possible uses for this property.
WILBUR WAFEL:
In the past the County has liked to work with the towns and cities that
are located within the County. They have comprehensive plans for their
development and we like to work with them. Since this is within Fort
Lupton's Comprehensive Plan we look at this quite closely as far as the
uses that may go on within these areas.
Date: April 20, 1982
CASE NUMBER: Z-363:82:5
NAME: Bourdette Bryant
REQUEST: Change of Zone from "A" (Agricultural) to "I-3" (Industrial)
LEGAL DESCRIPTION: part of the NWT SW1, Section 17, T1N, R66W
LOCATION: 1.5 miles south of Fort Lupton on the east side of Old Highway 85
THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE
2pprovcd .; 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 21.5 et. seq. of
the Weld County Zoning Ordinance) . 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 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 is found:
"Industrial zoning within the comprehensive planning area of a town shall
be subject to the industry's compliance with the local comprehensive plan. . ."
This property is located within the city of Fort Lupton's Comprehensive Planning
Area. The city of Fort Lupton has recommended denial of this request. Fort
Lupton's Comprehensive Plan has identified this area to be presently used for
agricultural purposes. Fort Lupton's future land use plan identifies this area
for light industrial uses. The city of Fort Lupton explains their recommendation
for denial in a letter received on March 31, 1982. The following excerpt is
taken from that letter:
"The land north of Weld County Road 81 is designated low density residential
until Weld County Road 10, at which point it is designated for medium
residential land use. The transition that occurs at Weld County Road 81
and how it is handled is considered critical to the plan's success. The
area designated light industrial will be strictly controlled to ensure
compatibility with residential land use. For this reason we believe "I-3"
is completely inappropriate at this location and strongly urge that the
request be denied."
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 has not
been in agricultural production for many years. The applicant has also
stated that approximately one-half mile to the south of the property in
question, industrial zoning exists.
Z-363:82:5
Bourdette Bryant
Chnige of Zone from "A" to "I-3"
Par: of the NW4 SW4, Section 17, T1N, R66W
Page 2
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 permitted in the Agricultural Zone
District. Under the current Weld County Zoning Ordinance this property
could be used for any agricultural business under the provisions of Section
31.4 describing special uses permitted in the Agricultural Zone District.
It is the Department of Planning Services staff opinion that no changing
conditions exist in the area that warrent the change of zone proposed.
According to field inspection of this property and the Weld County Zoning
map, the area between Weld County Road 10 and Weld County Road 8 consists
of land uses that are predominatly agricultural in nature.
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
surrounding land uses.
RA:rg
FIELD CHECK
FILING NUMBER: Z-363 DATE OF INSPECTION: April 19, 1982
NAME: Bourdette Bryant
REQUEST: Change of Zone from "A" (Agricultural) to "I-3" (Industrial)
LEGAL DESCRIPTION: Part of the NWZ SW', section 17, T1N, R66W of the 6th P.M.
LAND USE: N Irrigated crops
E Irrigated crops
S Irrigated crops and single family residences
W Irrigated crops and single family residences
ZONING: N Agriculture
LOCATION: 1.5 miles south of Fort Lupton E Agriculture
S Agriculture
W Agriculture
COMMENTS:
A one (1) story metal warehouse exists on the subject site. The Fulton Lateral
Ditch rens through the property, north of the warehouse.
BY: a)
Rod Allison, Current Planner
RA:rg
CASE SULNARY SHEET
Case Number : C0Z 363:82:5 P. C. Hearing Date : April 20, 1982
Applicant : Boudette Bryant Property Owner -Mr. & Mrs. Malara
Mr. & Mrs. German
Size of Parcel : 5. 614 acres Staff Member to Contact :
Rod Allison
Legal Description: Pt. NW4 SW4 Section 17, TIN, R66W
Location:
11 miles south of Fort Lupton - east side of Old U.S. Highway 85
Existing Zoning: Agriculture
•
Request : Change of Zone from "A" (Agriculture) to Industrial (3)
Possible Issues Summarized from Application Materials:
1. The Town of Fort Lupton is opposed to this request. The proposed use is not
campatible with Fort Lupton's Comprehensive Land Use Plan. (refer to letter from town)
2. State Engineer, Division of Water Resources; refer to letter dated March 23, 1982.
EZONING APPLICATION se #: COZ
Dept. of. Planning Services App. Ch' d By: 2 M Date Rec ' d: 3-S - S Z
915 10th Street App. Fee: 155.°22___ Receipt # : ) 7kss c
Greeley, Colorado 80631 Record. Fee: Receipt # :
Phone : 356-4000, Ext. 4OO
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 Coiiimission 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 legal
(If additional space is required, attach an additional sheet)
Property Address (if available) :
PRESENT ZONE A-1 PROPOSED ZONE 1-3 TOTAL ACREAGE5.614
OVERLAY ZONES
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: Clyde and Margaret Malara Home Telephone #: 659-0283
Address : 931 Weld County Road 27 Bus . Telephone #
Brighton. Colorado 80601
Name: Harvey and Geneva German Home Telephone #:
Address : 33121 Lvtal Lane Bus . Telephone #:
Edmonds_Oklahoma 73034
Name : Home Telephone #:
Address : ' Bus . Telephone #:
Applicant or Authorized Agent (if different than above) :
Name: Bourdette Bryant Home Telephone #:'
Address : 589 Great Western Road Bus . Telephone #: 659-5266
Brighton, Colorado 80601
Owner(s) and/or lessees of mineral rights .on or under the subject
properties of record in the Weld County Assessor ' s Office:
Name:
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 —)
1. , ignature : Owner or A horized Agent
Subscribed and sworn to before me this 7 day of f)'94.4,01 , 19��
SEAL Lt
NOTARY PUBLIC
My commission expires : My COMMON Expires Awl 30, 1915 J
ONVI
25S.4U /�
11 M MMI
ALARA GERMAN ZONE t lANGE
AGRICULTURAL TO INDUSTRIAL
LEGAL DESCRIPTION:
A parcel of land located in the Northwest one-quarter
of the Southwest one-quarter of Section 17 Township 1
North, Range 66 West of the 6th Principal Meridian, County
of Weld, State of Colorado, being more particularly
described as follows:
Beginning at the West one-quarter corner of said Section
17, and considering the West line of the Southwest one-quarter
of said Section 17 as bearing South 00°00 '00" West , with
all other bearings contained herein relative thereto;
thence South 00°00'00" West, along said West line , 523.52
feet; thence North 89°42 ' 10" East, 469.00 feet; Thence North
00°24' 15" West , 523.53 feet; Thence South 89°42'04" West, 465.31
feet to the Point of Beginning.
Said described parcel of land contains 5.614 acres more or
less, and is subject to any right-of-ways or other easements
as recorded by instruments of record or as now existing
on said described parcel of land.
•
•
•
•
C
A STATEMENT IN SUPPORT OF REZONING
APPLICATION NO.
The Weld County Comprehensive Plan provides that certain policies
shall guide industrial development within the unincorporated area of
Weld County. The within application concerns a parcel of property in an
unincorporated area of Weld County along Old Highway 85 and the Union
Pacific Railroad tracks between Brighton, Colorado, and Fort Lupton,
Colorado. The parcel of property is bounded on the east by the Union
Pacific Railroad and on the west by Old Colorado Highway 85. There are
improvements on this parcel of property consisting of a wood and metal
building fifty feet wide and three hundred feet long. The property is
served by a water well on the premises for water and is served by a
septic tank and leach field for sewage purposes.
The property in question is presently zoned A-1, however, the
property has not been in agricultural production for many years and most
recently was utilized as a processing facility for animal feed products.
Approximately one-half mile to the south of the property in question
there exists Industrial Zoning on property owned by Halliburton, Inc.
Applicant proposes to lease the 5.614 acre parcel herein to Halliburton,
Inc. for use as a storage facility and a truck and equipment maintenance
facility. Halliburton's operations have expanded over the past several
years at a gradual pace and that company's existing facility located
approximately one-half mile to the south of the within property is no
longer sufficient to maintain that company's operations. In an effort
to preclude the necessity of Halliburton's relocating their entire
operation to a larger tract of land in Adams County, Colorado, the
applicant proposes to rezone the within parcel of property to 1-3 to
enable Halliburton, Inc. to expand into the presently existing facility
on the within described parcel.
This facility, thereafter being a warehouse storage facility and
truck and vehicle maintenance facility, would have a low employee
concentration, and would be an appropriate zoning change based upon the
close proximity of rail siding, arterial roads and I-3 zoning to the
south of the within parcel of property.
Applicant herein would, of course, comply with the necessary landscaping
and screening requirements for Industrial zoning in Weld County. At the
present time, applicant would propose to use the existing improvements
on the property as previously stated.
Bourdette ryant
C C,
REFERRAL LIST
APPLICANT: Bourdette Bryant CASE NUMBER: Z-363
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BYApril 7, 1982
m z
m z z o
z H
H
H H co 0 HH M
0H z z 0 P Z
O 0 O 0 al y W H m
o W o 0 H o a
z co f4 2 °m' n z
...---.
small XCity of Brighton
County Attorney (plat only) John Franklin, Planner
X
22 South 4th Avenue
XWeld County Health Department Brighton, CO 80601
x Engineering Department
X
— County Extension Agent Fort Lupton Fire District
c/o Jerry Mehart
P.O. Box 350
Colorado Geological Survey Fort Lupton, CO 80621
X 1313 Sherman Street
Room 703
Denver, Colorado 80203 Brighton SCS
X 108 W Walnut
Colorado Water Conservation Brighton, CO 80601
Board
Centennial Building
1313 Sherman Street Wilbur Wafel
Denver, Colorado 80203 P.O. Box 333
State Engineer
Keenesburg, CO 80643
XX Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
A
City of Ft. Lupton
A c/o Rose Bowles , Administrator
P.O. Box158
Fort Lupton, CO 80621
0FORT_ c0loy Ci p of fort Lupton
���
p Q{� COUNTY OF WELD
18 �' 9S-1, J" 330 PARK AVENUE FORT LUPTON 1303:857 6667
P.0.BOX 158 DENVER METRO 13031893-5404
-_�-✓ FORT LUPTON,CO. 80621 GREELEY METRO 13031 1856108
Cot ORVA
Mr. Rod Allison
Dept. of Planning Services
Weld County
915 10th Street
Greeley, CO 80601
Dear Mr. Allision:
The City of Fort Lupton reviewed the three referrals sent to them by Weld
County. Each applicant, with the exception of the Streit's, was present.
The review of the Marlara/German zone change resulted in the following rec-
ommendation:
1. that the request for industrial zoning (I-3) be denied
2. that the applicant be permitted to operate his faciliti'ts
as described in the referral until such time as Weld County
completes it's work on special use regulations
3. that the applicant be granted a special use permit under the
regulations under promulgation subject to:
a. the applicant entering into an agreement with
the City of Fort Lupton that specifies that they
or subsequesnt owners shall, at the repuest of the
City, and when legally feasible, annex into the
City and be subject to all rules and regulations
of the City,
The City finds that the granting I-3 zoning to be completely inappropiate
in the proposed location. It conflicts with the City's present Comperhensive
Plan which designated the area agricultural, and it also conflicts with the
proposed Plan which designated the area light industrial (if annexed into
the City) . The land north of road 812 is designated low density residential
until Road 10, at which point it is designated for medium residential land
use. The transition that occurs at Road 81 and how it is handled is consid-
ered critical to the Plan's success. The area desiganted light industrial
will be strictly controlled to ensure compatibility with residential land
use. For this reason we believe that 1-3 is completely inappropriate at
this location and strongly urge that the request be denied.
The City also reviewed the Johnson zone change and it resulted in the
following recommendation:
1. that the request for industrial zoneing (I-3) be granted
subject to:
a. the applicant entering into an agreement with the___
City that specifies that they or subsequent; bwners. l Lycyl-lir_
shall, at the request of the City, and when legally
feasible, annex into the City and be subject to ,a4; . 1O:91; '.
rules and regulations of the City.
_A. 0 I iJ i' ,.
Weld Co. Planning Cnrm�es�u�1
The City declined comment on a special use request submitted by Mr. and Mrs
Streit. They felt it had no potential impact on the City and should be judged
on local concerns.
Finally, the City would like to bring to your attention the reasons that made
them request that you grant zoning with the stipulation that they sign satis-
factory agreements concering future annexation.
Recently the City has studied, in depth, possible furture land use patterns in
the area between Ft. Lupton and Brighton. In reviewing past Weld County dec-
isions on zoning within this area, and coupling that with growth plans promul-
gated by the City of Brighton, it appears that much of this area will be
availabel for industrial uses. As you know, Fort Lupton is growing residentially
to the south (we are already at Road 101) . This presents potential incompatible
land uses. In an attempt to avoid this, the City has proposed the following
policies:
1. a future land use map which designated medium density
residential land use to Road 10, low density resident-
ial land use to road 81/2 (perhaps with a buffer) , and
light industrial to Road 8. South of Road 8, the land
is designated for heavy industrial use.
2. The acceptability of such use is predicated in the
following criteria: a. that the land is within the
corporate limits of Fort Lupton b. that it dies directly
compete with land zoned I and available for teneants in
the City c. that the land does not possess the charac-
teristics necessary to support agricultural activities.
d. that unique circumstance are present to warrant it's
removal from agricultural use. e. that, if not annexed
the owner and subsequent owners enter into an agreement
to annex when they are requested to do so by the City
and when legally feasible to do so.
The City believes that item 2 is of critical importance if the City is to remain
economically viable. If a pattern emerges of ringing the City with industrial
development the City will be in the position of providing services to these de-
velopments without them returning to the City the tax base neccessary to support
the direct costs that they generate, let alone the indirect costs associated with
population growth as a result of these activities.
The City is confident that it can continue to work in conjuction with the County
on this and other issues and thanks you for your consideration of these comments.
cerely,
/ Joe Lell,
Mayor, Fort Lupton
.00 COL
1St Ark
RICHARD D. LAMM JERIS A. DANIELSON
Governor State Engineer
* 1876 4j
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
March 23, 1982
Mr. Rod Allison
Weld County Planning
915 10th Street
Greeley, CO 80631
Re: Bryant Zoning, Z-363
Dear Mr. Allison:
We have received the above proposal to change the zoning of 5.614 acres
from agricultural to industrial. A well is the proposed source of water,
however, no information is provided. Also, no information is provided con-
cerning water use in the proposed development. We would require this infor-
mation in order to evaluate this proposal.
Information which we would require for the well would include permit
number, if available, historic use, when constructed, depth, owner of the
property when the well was constructed if after 1965, and other relevant
information. If the well is not registered, it may be to the applicant's
advantage to apply for late registration to our Ground Water Section. The
applicant should be aware that the allowed use of an unregistered tributary
well is quite limited unless accompanied by a plan for augmentation.
Until we have had an opportunity to review a thorough water supply
analysis, we must recommend this proposal be held in abeyance.
Sincerely,
Hal D. Simpson, P.E.
Assistant State Engineer
HDS/KCK:mvf
cc: Jim Clark, Div. Eng. ��}��
Reiner Schroeder ��,]I.\\I!
Reiner Haubold ;�It(`l c:'1,
Land Use Commission 82
L'— inn
@I°1d Co. :"6"19:‘SSIO
•rte• q �,. .0 �' a I r tl �,
tl
F• . (• q , .. :• . ," I tl Sur
• q, •
rrff� -t - 5aO i S N„_ ' pI 1 11 •
z r r 41Fu • ' • '°a
i. . • • • �.l• ( z P �r....u•z I I °II,� ___-- F .
H 'C%
'—'N , ..• 1.. I I 1u.°°:Tii)oLE ; A• I k,
.Rz ❑ • 11 t�. ' .. m• .�. Rz3 ' 1t '1! Y � . �_--'- 1I • 1 .7 -
• • r0. . •
•t4m� .z co::.o• • ••.�'F •`• • •• 1�� 1•� •
g•_ _._._.e' I u 1
•
:.=',..•Z l as f:i at) z t 1• » '1 �I » I 1 v » » E t sa+• I II
iF
f 4EIICN�IET[:' /,.o°Y . I• •• 1..._ 1 11 4.Irrl P 84 " & •1.,
(( . nqNILLN C �_ IIn\•
I 1 Z . . •d• ° 1 �• . fi. • •• • • •
7 EMI� r _ yI ` 1 . I°U° "I (
EMT 1,, C r
_�'=L °
' l. l I i ° •,
CI r:.' p ,]
IS 20
• M • �1 `) 1R1$T0CRITII •• 1 • .
�. \\\ tl ' 22.h !; RIMCMETT(5 ' •
v
M1 E TONE_ • 1a. ••1••• • • c • �•p
v POy 510 •x' ° zz •I a �• � p.In •LIx• ^ �' a . zad Iw )o .-ape z' • u 21
$ /` .q • • D N \ ,� e I 33 cp^� i•.o•r a z) yy •.
•
CRT wvroe I
�1 1 ' .4 El53••! ... rll cv- .` s' a„,,,we L. . ( r. • 93 • �n yL4
“firiCA“ ii a I
•
•r•
r.. �t 'a . •
. •• I
�, lz • •.ot'o . • o II •
• . . C-JV • •• xIr'\ L,:.::::,'. ;Id ICJ..1 " I ,g 7:qqq u • ` P � m I LcaEEN)o +J a • ✓ 1 e
N .�' e �i • I _ Necvas� !
• •r. q ltl 1 N :Lc!".1) "33232.320>) li 0' I i r 0/
• N o tl q°, q�• ••x• pl orz u I r » C 6 z.i ° " .'0 x�� �
N r./ II i •;%.• 1} • r1 1 J 1 /N 21. V I
c4 G ,1� G3 Y aY E ' x• 1•✓ n 1 2. Id oo 1q / v [T n
%IEzLT;hTi , 1
• • % ?IN'I, ' N I N ,./'—N� It M Id E ` r R.66W. •I i i 5•p •i ) v( I R 65
R 67 W .:9-V y e ° C 0 U
n A M S .°•" N T V
.
. .
•
•
13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43
l
• I^X ! w'r�i.� t}.YY. I.! i" .'^ - 4 gA.r Jf ,,,
j
o
` t2.si.tz s b , � ° t` .Y .�'{:Y ay 'd 14,. +f „v J Il}i�j, N '
I ,,1 •C'S * ,. .s A -.
X T r { s 4' sr t a '„
» '-� - _. s"( is ! % �� •� I" du4w�1 i :1 L ,,,,. _
rt. ��" ..,:. , 4,,,,;
iU!
nC, t. k• u f '* "
.11
•F 6 h", . Q ,,,„. bI*
t-e* j 1#riii.
h. w / ' i r2.t, Y
t: `rd f 4
•t; J1 %Z :
:Sz ..'fitrrw' rta, c '"qf 'wa,"x4 ' 7,rte i y' 1� 4, iw''. p k't. - ,� r „_ {�\*il w,. I t+,, _ ,aalreri � . a A t fti
% /•�S ,. ;(, ,. ,. .t. 1#,5send $ „ : 1 t,r x , n...t a..k l fiet . i.4. _:WV ,i,,,•-•-,„,t 4, • iV j .A7,J,.',
.. t," a 9t .219:9'.
'���.ygg! tLt h
1 r, w ' t 71Y.t'S. ;0 ' ik / ` a `i n T - esy 4 • ? *tx. T
< i .t
Id • f'W. i , ,uw1- j'G' f 'y 4 .`K { R X
�� F'74- y sr(
q v'1 t �� / I : y� 4'.r Y ....J' ,f} i''t�y x i
d I.-"41. 5 I., T.. . s is 7, !a 4,4 4. .
t 4". 1 ,f ,r'�j''' 1� �* �Yf' ., #,�?,.s Gam_' ' ' "_ swrsLL'� _
. h' ; 44t <tki 1 } w f <1
I YW(dy g wt
.p 1 ..
4 '�I i /r IMF', r az ' .1 r a V f•
ri / _ f L` R rq�. ; 3P ..y 6 7 'k S•f 4„ 1
• GJ'/• 41:41..:
`rT^A. i' ;d f ,1 J w ,�'•y�•�. X �yYa4 ,r ,. .•' Y ,1�1.¢f� A •�.` +r�� ` .r.ru . ,'i *y N'47:1.',4.,),,;.-
U -• '�i• r v 4y —tr ' ,gip..,;,-2, ,$ ..r.
+1
3
ti� y Fn - � . Y 'CP �+' ,A,.-..--",',,..�-'� i7C i .""mot
1 , 1 - ry s f FE 4 P /�
,C .r Fp. 1 + M1 __WWdd F ' r. :,iiWWµ t
_.. JY 1
Y�r f •y F • S 'f- + '• .f • xPn v. ..,— '.
,L;X -.. .Z is ii , w Px$ra 1� .. -:it
x i : T _ rID
'
..:.a_� , /. r1' ,{ ..nags a..i 't.'-'11.- 3 f_
„,,If ` fir , i 4', f 1 4 i .ad...•ri*9.Cr ;M � »x�i'ilw tt ei.. e,,eJ 2^b7„:11
SY. f •a.' Xa t.+wr
ATTENDANCE RECORD
TODAY' S HEARINGS ARE AS FOLLOWS :
DOCKET NO. 82-26 - NICK & FRED SEKICH - COZ A to C-3
DOCKET NO. 82-27 - BOURDETTE BRYANT - COZ A to I-3
DOCKET NO. 82-28 - ROBERT E. JOHNSON - COZ A to I-3
Docket No. 82-35 - High Country Turf - USR - Nursery & Landscaping Business
PLEASE write or print legibly your name, address and the DOC n (as fisted
above) or the applicants name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
44/I 0c/NT22' T - /gig %-zs An-46E E✓_tt.
jt FE A.1 ZU.re-Heia
�k 1e , LI7 F3 -- , / � �
�m., f o �y 30 ittee.� V . ,4,:k
Sc• k2C4
•
y--; oes. ,,.,. A l ti,5 t iu v e ,L (?d A °1% / c i .,., 0,2.7 C°�O 1,
rtl
/- 2f i /l�/ fry 7/ A--�� 1X _' !,4
• e.,,,- ,t4_, /60 ii 7 o t ._� - 13 - C f 1 v7/h. '- S't't' I C° h ,
_ .23b02. 6 t Oa, „Z/, , a - R2 2 c`�
Hello