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Home My WebLink About820052.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. AR1898O81 RESOLUTION RE : GRANT CHANGE OF ZONE FROM A (AGRICULTURAL DISTRICT) TO I-3 (INDUSTRIAL DISTRICT) FOR ROBERT E. JOHNSON WHEREAS, the Board of County Commissioners of Weld County, - c 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 3 WHEREAS, a public hearing was held an the 23rd day of June , CC ,,c 1982 , at 2 : 00 -o'clock p.m. for the purpose of hearing the appli- a ca cation of Robert E. Johnson, 23602 East 157th Avenue, Brighton, Colorado 80601, requesting a Change of Zone from A (Agricultural District) to I-3 (Industrial District) for the following described parcel of land, to-wit: z That part of the South one-half of the North- -- r, west one-quarter of Section 20, Township 1 Ey North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado described as : Beginning at the Northeast Corner of said South v z one-half Northwest one-quarter; thence S89°51' 19"E on an assumed bearing along the North line of said South one-half of the Northwest one-quarter e a distance of 487. 27 feet to the Westerly right- of-way of the Union Pacific Railroad; thence S00°11' 28"W along said right-of-way a distance EN o of 300. 00 feet; thence N89°51' 19"W parallel with the North line of said South one-half Northwest one-quarter a distance of 487. 93 feet to the West line of said South one-half Northwest one-quarter; thence N00°19 ' 00"E along said West line a distance of 300. 00 feet to the point of beginning. Subject to the right- of-way of Business Route 85. Contains 3. 358 acres more or less including the right-of—way of Business Route 85. 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 and the recommendations of the Weld County Planning Commission, and having been fully informed finds as follows : 1. The applicant has complied with Section 21. 7, et. seq. , of the Weld County Zoning Ordinance regarding the appli- cation requirements for a change of zone. RL.03'7 7l 82OO52 /I P3i / 7 Page 2 RE: COZ - JOHNSON C4 C • V 2. The request is in conformance with section 21. 5 of the Weld County Zoning Ordinance as follows : 374 v 3 a) The proposed zone change is consistent with the Weld V County Comprehensive Plan, and the proposed district iii will be compatible with the existing surrounding land uses and future development. The subject site is o located in the Fort Lupton and Brighton Comprehensive Plan Areas and both cities are recommending approval .` = of the request and identify the subject site for future rt industrial land use. b) Old Highway 85 will provide adequate access to the site. C< CD ri c) The proposed change of zone is not located within cq any overlay district. N _ d) The proposed rezoning would not interfere with extrac- tion of any known commercial mineral deposits. mid o e) Soil conditions do not present limitations to the z construction of structures on the site. f) The proposed sewer system has been determined adequate. E g) Water will be made available to the site by well. — r• :; WHEREAS, the above recommendations for approval are conditional upon the applicant' s late registering of the existing well as re- quested by the Division of Water Resources. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of Robert E. Johnson, for a Change of lone from A (Agricultural District) to I-3 (Industrial District) , on the above referenced tract of land be, and hereby is, granted conditional upon the applicant' s late registering of the existing well as requested by the Division of Water Resources. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of June, A.D. , 1982. * BOARD OF COUNTY COMMISSIONERS Tt ATTES 1 I) BOARD 7ti-� �� i1 WELD COUNTY, COLORADO Weld CeUsy 'Clerk and Recorder and clork" ird the ar Jb artin, irman Deputy Count P Y erk C c Carlson, Pro-Tem APPROVED AS FORM: EXCUSED Norman Carlson // County Attorney C W. Kirby _ e K. Steinmark DATE PRESENTED: July 7, 1982 A public hearing was conducted on June 9, 1982 at 2:00 P.M. , with the following present: JOHN T. MARTIN CHAIRMAN CHUCK CARLSON COMMISSIONER NORMAN CARLSON COMMISSIONER C. W. KIRBY COMMISSIONER JUNE K. STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Bette M. Foose ASSISTANT COUNTY ATTORNEY, Lee Morrison PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated May 19, 1982, duly published May 20, 1982 and June 10, 1982 in the LaSalle Leader, a public hearing was held on the request of Robert E. Johnson for a Change of Zone from A (Agriculture) to I-3 (Industrial ) . A representative of the applicant apprised the Board of the applicant's feelings and desires for this request. Mr. Johnson was present. Commissioner Steinmark stated that based on the favorable recommendation of the Planning Commission and there being no one in opposition present, she made a motion to approve the request conditional upon the applicant's registering of the -existing well as requested by the Division of Water Resources. Commissioner Kirby seconded the motion and it carried unanimously. Jghn T. Martin, Chairman �� ,1 , Board ATTEST: Zj of County Commissioners ' ",J) WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BARD F �D uty _Coutt n'ty Cl ' k �c� DOCKET NO. 82-28 TAPE NO. 82-45 ATTENDANCI 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. 81-28 - ROBERT E. JOHNSON - COZ A to z-3 Docket No. 82-35 - High Country Turf - USR - Nursery & Landscaping Business PLEASE write or print legibly your name , address and the DOC - (as listed above) or the applicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING ,-,-/71://-/ ( L:),-.iT/2Y" -7:7/.17,------ I%i=f 7//f: 7--,2`, t,;'-: .-✓//1(-C- L.2;'> 11/-'( 1:- - pp {i �� .�,1--4�] J- . .1— e-,/ (4l i(/.yl_.-2" . et V.:J . IC4/ r '`--i �1.-,rn i, '--, 2V r, 4� . r< el ('iv gA 9 / ... • 5, c,,-7 C`, (> ( I .%)4 ter. ��:— !> ti, �C L�,� � IV C I� c7 y'/& / 4. — ] , Ili r it Cr- - 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 THE3'RREELEY REPUBLICAN that the same is a daily newspaper of general • circulation and printed and published in the City of State of COIM a • : Greeley, in said county and state; that the notice or toning Ordinance,a public pear .. y+ begkm,bdie Chambers of the Board of advertisement, of which the annexed is a true copy, has C6gnty Commissioners of-WellOCounty, Coloredo, weld county Centennial been published in said daily newspaper for consecutive Center, 915 10th Street Greeley,,-em' 0rada,at me timespecifiedalN persons (days) (week* that the -notice was published in the 'In Mty4:yApuwyr interested in.fhe follow ,ng proPdBad Change of Zone ltra regular and entire issue of _every number of said +yequestedtgittend and may be heard. - BE IT ALSO.KNOWN that the text newspaper during the period and naps m certified by the County and time of publication of Planning O mles�on-hby the exam- ined said notice, and in the newspaper proper and not in a nded thefice o fthe CcKieo`t supplement thereof; that the first publication of said Center, 9id tom Street,Coenty Centennial Floor, notice was contained in the issue of said newspaper Greeley,Colorado. DOCKET NO.:B2-28 • bearing date APPLICANT:Robert E.Johnson ' 23602 Eat 157th Avenue Brighton,C0110601 C00o601 DATE:June M,1902 S e v_enth TIME:2:00P.M. ' • REQUEST: Change of zone, from A day of June A.D. 19 82 to(Agriculture) II TION:(Industrial) - CEGALDre) I and the last publication thereof; in the issue of said That part of the South one-half of Me Northwest one-quarter of section so, newspaper bearing date the Township 1 North,Range 66 West of the,. Sixth Principal Merldlah,-Weld County, Colorado described as:Beginning et the Northeast Corner of said South one•half Seventh Northwest. one•quarter; thence 5t9e51'se"E on en assumed bearing day of June A.D. 19 8? along the North Northwest of said one-quarter one-half te t of he i ineeet to me W MAIM o Y that said The Greeley Daily Tribune and The Greeley right-of. atheof tSWaUnionWFallow Republican, has been published continuously and Said right-of-way a distance m 300.00 uninterruptedly during the period of at least six feet; thence NWas1.19"W pardllel.with the North line of said South onettau months -next prior to the first issue thereof contained Northwest one quarter a distance of 47.93 feet to the Wear line of said Southsaid notice or advertisement-above referred to; that said ' ode'half Northwest one-quarter;thence Nwett'oo"E along said West line a newspaper has been admitted to the United States distance of 300.00 feet to the point of -Bu�61n 5fRautell5 to the rlpMof-wayof mails as second-class matter under the provisions of the Contains 3.34 acres more or'Ina Act of March 3, 1879, or any amendments thereof;and Including the right-of-way of Business Goatees. that said newspaper is a daily newspaper duly qualified DATED:May U,1982 for publishing legal notices and -advertisements within BOARD OF COUNTY COMMISSIONERS WELD COUNTY,fOLONERS the meaning of the laws of the State of Colorado. ' BY:MARY ANN FEUERSTRIN , COUNTY CLERK ANIBRECORIfN RE TD THE EOAAD June 7, 1982 Total charge: $18.85 c < Advertising Clerk Subscribed and sworn to before me this 7th d June -82 A.D. 19 My co missio expiresM r Ccmrn3sstn ,tints tebna in,, Ab, vtlt` Notary Public Affidavit of Publication ST-ATE OF COLORADO. lliatitt County of Weld, -41640- ai11S •el ' at- I I LC-Gc-f�.. _( /- i°E�/* 4 Ev.Ntrnal said County of Weld, being duly sworn say tha' eyN.40 - ZWAO I am publisher of 04011 Willem 'LGc...!�L�-.�-c.� LC.G�r'�/ ... stariartiatiatti Mteatawl that the same is a weekly newspaper of genera: maps se TN IN Ys PIMMN • circulation and rated and pub'usced :n the laMe1 /11e"irk N. llf town of G2_ �� Olithiffilin._. in said county and state; that the not: cr adver- 05 Sheet .TIYe ICET-fry f�tlMMr.,EyleiWj, !mermen' of which the annexed Is a true copy. has teen published in said weekly n nspape: off, CDCKET�Ip• .� for qh. _. . consecutive APPLICANT weeks.. :he notice was published in the town E.limp regular and entire issue of every number of said sweat1 '�eeMlle newspaper during the period and time ct publ:. iei/INs, . MQI. cation c: said notice and in the newspaper DATED:.Mara;WO proper and not in a supplement thereof. ,hat the '71MEt t , first publication of said nonce was con .fined fir. the Issue of said newspaper tear.cq date Ihz REQUEST:Ye) 131 Lfle.Ores �j (.- AtApICWMIxet b 4S4MOesh .. wo 6'day of //,/4 C Al.. :a a.T."c LEDAL 4EiL'ttlPfiiMf: and the last publication e eof. in the Issue of said wspaper bearing date. the /U day at M:. µ_ Zr_22..�_ ,-).-% Wes .+rv�. nl 40 4• 19 15; that the said West*Ike ;a C7SL_I - Lis-1.2.2 z&-(1./ 'east flierefMSSeel. 1 has been-published continuously and uninterrupt- edly during the period of at least fifty-two con- secutive weeks next prior to the first Issue thereof - .e - • containing said notice or _advertisement above "*' ' referred to- and that said newspaper was at the See Pastas t NO ____ e ASS` W time of each of the publications of said notice clOttlent duly qualified for that purpose avithfn the mean- «' M etlil llle 41,9:4,7,-% ',.. 91Y► trig of an act,entitled, "An Act Concerning Legal ` Notic-es, Advertisements -and Publications, and Fill '.4 •t• the Fees of Printers and-Publishers thereof, and - `* h' w`rt*s.,: to Repeal �a -, all Acts rind Parts of Acts in Conflict ' with the Provisions of this Act" approved �.'r. r� April, a �"v'"t" } �+"`� `+$..•! 1921, and all amendments thereof, and _portion lady as amended by an act approved, arch 3C, 416 40011 1923, and 't approved May 19, 1. C Pu 'shier vtab tDLDEAcia Subscribed d sworn to before me this Vet MA . : fE EM day ofy� -- A.D. 19�sn E C[.'E111F1' TNEEDA1Ep 4 `/ / W BY;NelIeA4-/ se.DMMMY My commission✓expires __. //_.7—or,k7._ fesw.erTal i Tara Notary Public titTiese •MMN t a 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 Comnissioner.s 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. 82-28 Robert E. Johnson 23602 East 157th Avenue Brighton, CO 80601 DATE : June 23, 1982 TIME : 2 : 00 P.M. REQUEST : Change of Zone, from A (Agriculture) to 1-3 (Industrial) LEGAL DESCRIPTION: That part of the South one-half of the Northwest one-quarter of Section 20, Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado described as : Beginning at the Northeast Corner of said South one-half Northwest one-quarter; thence S89°51 ' 19E on an assumed bearing along the North line of said South one-half of the Northwest one-quarter a distance of 487 . 27 feet to the Westerly right-of-way of the Union Pacific Railroad; thence S00°11 ' 28"W along said right-of-way a distance of 300. 00 feet; thence N89°51 ' 19"W parallel with the North line of said South one-half Northwest one-quarter a distance of 487. 93 feet to the West line of said South one-half Northwest one-quarter; thence N00°19 ' 00"E along said West line a distance of 300. 00 feet to the point of • beginning. Subject to the right-of—way of Business Route 85. Contains 3 . 358 acres more or less including the right—of-way • of Business Route 85. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Toose, Deputy DATED: May 17, 1982 PUBLISHED: May 20, 1982 and ,Tune 10, 1982 in the LaSalle Leader Greeley, Colorado from the Office of THE BOARD OF COUNTY COMMISSIONERS May 17 , 1982 WELD COUNTY, COLORADO Publisher: Please insert the enclosed notices in your issue, the week of June 7, 1982 , one time only. After publication, please send us your statement for same along with an affidavit of publication and we will remit accordingly. • Thank you for your cooperation. _Sincerely, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DOCKET NO. 82-2b DOCKET NO. 82-27 BY: Mary Ann Feuerstein DOCKET NO. 82-28 County Clerk and Recorder and Clerk to the Board BY: sc-c-7-..a:ce Deputy County Clerk MAILING LIST Robert E. Johnson Z-364 :82 :b Halliburton Company P.O. Drawer 1419 Duncan, Oklahoma 73533 Triple G. -Livestock P.O. Box II6 Brighton, Colorado 89601 Helen A. Adams 2631 Weld County _Road 27 Fort Lupton, Colorado 80621 Tom, Ida, June and Joe Saski 1812 Weld County -Road 27 Brighton, Colorado 80601 BEFORE TI,"• ....LD COUNTY, COLORADO PLANNING ,ISSION - RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO ' ° CWIRi CIMIlesiins Date April 20, 1982 St Case No. Z# 364:82:6 - = � yi '!_,ti APPLICATION OF Robert E. Johnson I MAY 13 1982 am ADDRfSS 23602 East 157 Avenue, Brighton, Colorado 80601 aREFI Fv COCCI Moved by Bob Ehrlich that the following resolution be introduced t,, • ~ •? 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 Sz NW', Section 20, T1N, R66W of the 6th P.M. , Weld County, Colorado be recommend (favorably) (HIMi#ffintty) to the Board of County Commissioners for the following reasons: 1. The applicant has complied with Section 21.7 et. seq. of the Weld County Zoning Ordinance regarding the application requirements for a change of zone. 2. The request is in conformance with section 21.5 of the Weld County Zoning Ordinance as follows: - It is the opinion of the Weld County Planning Commission that the proposed zone change is consistent with the Weld County Comprehensive Plan, and the proposed District will be compatible with the existing surrounding land uses and future development. The subject site is located in the Fort Lupton and Brighton Comprehensive _Plan Areas. Motion seconded by: Wilbur Wafel Vote: For Passage Jerry Kiefer Against Passage Bill Diehl Wilbur Wafel Fred Otis Bette Kountz Bob Halleran Bob Ehrlich Jack Holman 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 Tlanning Commission. Dated the 22 day of April , 1982 . Secretary 804-80-050 Z-364:82:6 Robert E. Johnson Change of Zone from "A" (Agricultural) to "I-3" (Industrial) Part of the S' NW', Section 20, T1N, R66W of the 6th P.M. , Weld County, Colorado April 20, 1982 Page 2 Both cities are recommending -approval of the request and identify the subject site for future industrial land use. - Old Highway 85 will provide adequate access to the site. - The proposed change of zone is not located within any overlay district. - The proposed rezoning would not interfere with extraction of any known commercial mineral deposits. - Sail conditions do not present limitations to the construction of structures on the site. - The proposed sewer system has been determined adequate. - Water will be made available to the site by well. 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 Weld County Planning Commission recommendation for approval is conditional upon the applicant's late registering of the existing well as requested by the Division of Water Resources. RA:rg Date: .pril 20, 1982 CASE NUMBER: Z-364:82:6 NAME: Robert E. Johnson REQUEST: A change of zone for "A" (Agricultural) to "I-3" (Industrial) LEGAL DESCRIPTION: Part of the S1 NW', Section 20, T1N, R66W of the 6th P.M. LOCATION: 2.5 miles south of Fort Lupton and 2.5 miles north of Brighton THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: 1. The applicant has complied with Section 21.7 et. seq. of the Weld County Zoning Ordinance regarding the application requirements for a change of zone. 2. The request is in conformance _with section 21.5 of the Weld County Zoning Ordinance as follows: - It is the opinion of the Department of Planning Services staff that the proposed zone change is consistent with the Weld County Comprehensive Plan, and the proposed district will be compatible with the existing surrounding land uses and future development. The subject site is located in the Fort Lupton and Brighton Comprehensive Plan Areas. Both cities are recommending approval of the request and identify the -subject site for future industrial land use. - Old Highway 85 will provide adequate access to the site. - The proposed change of zone is not located within any overlay district. - The proposed rezoning would not interfere with extraction of any known commercial mineral deposits. - Soil conditions do not present limitations to the construction of structures on the site. - The proposed sewer system has been determined adequate. - Water will be made available to the site by well. 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's late registering of the existing well as requested by the Division of Water Resources. RA:rg • rtm f. OT +.T c FIELD CHECK FILING NUMBER: Z-364:82:6 DATE OF INSPECTION: April 8, l982 NAME: Robert E. Johnson REQUEST: Change of Zone from "A" (Agricultural) to_"I-3" (Industrial) LEGAL DESCRIPTION: Part of the S1 NWi, Section 20, T1N, R66W of the 6th P.M. LAND USE: N Industrial 3 zoning E Union Pacific Radilroad ri ht-_of-way S Triple G Feedlot elevator and office ]wilding W Business route 85 ZONING: N Industrial 3 LOCATION: 2.5 miles south of SQr¢-Lupton E Agricultural (east side of Old U.S. Hi hwa 85) S Agricultural W Agricultural COMMENTS: A house outbuikain s and wooden rocessin doc exist as im rovements on the site. BY: Rd$ Allison, Current Planner RA:rg / REFERRAL LIST APPLICANT: Robert Johnston CASE NUMBER: Z-364 SENT REFERRALS OUT: March 15, 1982 REFERRALS TO BE RECEIVED BY April 7, 1982 m r z z M U U 2H P 0 U U 2 0 ti H2EN 0 a W H W W re IH C.4 Pi W2 O U O c 0 U O a W U W U 2 Ct a 2 2 cap 2 County Attorney (plat only) X City of Fort Lupton xx c/o Rose Bowles, Administrator Weld County Health Department P.O. Box 158 XX X Fort Lupton, Colorado 80621 Engineering Department X XX City of Brighton County Extension Agent x, c/o John Frajklin, City Planner 22 South 4th Street Colorado Geological Survey Brighton, Colorado 80601 1313 Sherman Street Room 703 Fort Lupton Fire District Denver, Colorado 80203 c/o Jerry Machart P.O. Box 350 Colorado Water Conservation Fort Lupton, Colorado 80621 Board Centennial Building Brighton Soil Conservation Serv. 1313 Sherman Street Y 108 West Walnut Denver, Colorado 80203 /1 Brighton, Colorado 80601 State Engineer Wilbur Wafel X XX Division of Water Resources Planning Commission Member 1313 Sherman St. , Room 818 P.O. Box 333 Denver, Colorado 80203 Keenesburg, Colorado 80643 State Highway Department 1420 2nd Street Greeley, Colorado 80631 -1 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 APPLICATION NO. Ca-3t4 A STATEMENT IN SUPPORT OF REZONING APPLICATION The within parcel of property containing 3.358 acres, more or less, is located between the Old Highway 85 or Business Route 85 right of way and the Union Pacific Railroad right of way in southern Weld County between Brighton and Fort Lupton, Colorado. The property presently has improvements located thereon consisting of a two (2) bedroom home, small outbuildings, and a wooden processing dock with adjoining concrete slab. -The property is bounded on the North by I-3 industrially zoned property, to the East by the Union Pacific Railroad rightof way, to the South by the Triple G Feedlot elevator and office building and to the West by Business Route 85 right of way. This property is located in the unincorporated area of Weld County, Colorado. The location of the property makes the property ideally situated for the zoning requested due to the close proximity of railroad siding, main arterial roads and 1-3 zoning contiguous with the property to the North. The present zoning of the small parcel of property is A-1, and' has over the past several years been utilized as a food processing facility or has been idle and vacant. Applicant proposes to rezone the property to I-3 zoning and utilize the same for a storage yard and maintenance facility for oil industry service equipment which use would be compatible to the property immediately adjacent to the North. The type of facility proposed by the applicant will be a business of low employee concentration and is suitable for the area under the Weld County Comprehensive Plan. Additionally, the type of business and utilization proposed by the applicant is compatible with the property immediately adjacent to and North of the property herein. The property in question is presently zoned A-1, but has not been productive agricultural property for a number of years. Applicant . proposes to remove the processing dock and construct a shop maintenance facility near the eastern boundary of the property which would be compatible with the surrounding building design and area. Robert E. Johnson CASE SUMMARY _SHEET Case n'umbar : COZ-364:82:6 P. C. Hearing Date : April 20, 1982 Applicant : Robert E. Johnson Property Own-er WW t Vi odr Fqrodeuctss(o. , Inc Size of Parcel : + Staff Member to Contact : 3.5 - acres Rod Allison Legal Description: pt. S2 NW4 section 20, TIN, R66W Location: 21 miles south of Trot Lupton and 21 miles north of Brighton on the east side of Old U.S. Highway 85 Existing Zoning: Agriculture Request : Change of Zone irom, Agriculture to Industrial (3) Possible Issues Summarized from Application Ma't-erialt•• 1. Refer to letter dated March 23, 1982 from the Division of Water Resources. _,EZONING APPLICATION ase #: CO2 30,1 Dept. of Planning Services App. Chid By: Date Rec ' d: 915 10th Street App . Fee : Receipt # : ) av,31 Greeley, Colorado 80631 Record. Fee : 63uv Receipt i� : Lice, 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 : See Attached Exhibit A (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE A_i PROPOSED ZONE T_9 TOTAL ACREAGE 3.5 _ OVERLAY ZONES N/A SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Wester Food Products Co. , Inc. Home Telephone # : Address : Attn: Brittingham Bus . Telephone # : P. 0. Box 1524, Hutchinson, Kansas 67501 Name : Victor Aldea/Western Food Products Co. Inc. Home Telephone ]k: Address : P. 0. Box 730 Bus . Telephone #: 384-4441 LaJunta,_Colorado 81050 Name : Bone Telephone #: Address : ' Bus . Telephone Jk : Applicant or Authorized Agent (if different than above) : Name : Robert E. Johnson -Home Telephone y Address : Bus . Telephone fir 659-1521 23602 East 157th Avenue p one # : 659-1521 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: No record of separate mineral estate in assessor's records. 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 -) osignature : Owner or orized Agent Subscribed and sworn to before me this t2 day of 2 Lti, , SEALYQ NOTARY PUBLIC MY My commission expires : ^esAm341985 / Carol Hllld�► 25S4th Brighton. CO 80601 EXHIBIT "A" All that part of the S1 of the NWT of Section 20, Township 1 North, Range 66:West of the 6th P.M. , described as follows; BEGINNING at the Northwest corner of the S2 of the NW`s of Section 20; thence South 300 feet; thence East 492 feet to West line of right of way of Union Pacific Railway Company; thence North along said right of way 300 feet to North line of S1 of the NWZ of Section 20; thence West 492 feet to POINT OF BEGINNING, together with the Union Pacific Railroad right of way lease continguous with the above described real estate. .QF Cp- 0 RICHARD D. LAMM 15/ Q', Governor �y v • G ` pi JERIS A. DANIELSON * /Fn *� State Engineer *1876 -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: Johnson Zoning, Z-364 Dear Mr. Allison: We have received the above proposal to change the zoning of 3.5 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, �Sd ,/myrim. Hal D. Simpson, P.E. Assistant State Engineer HDS/KCK:mvf cc: Jim Clark, Div. Eng. Dewayne Schroeder � rl' )r�)_c\1f Reiner Haubold ' � Land Use Commission ''(Th ant 2G 982 �. hit An L J \INA to.-FlanSt Cammissinn MAILING LIST Robert E. Johnson Z-364:82 :6 Halliburton Company P.O. Drawer 1419 Duncan, Oklahoma 73533 Triple G. Livestock £.0. Box 116 Brighton, Colorado 80601 Helen A. Adams 2631 Weld County Road 27 Fort Lupton, Colorado 80621 Tom, Ida, June and Joe Saski 1812 Weld County Road 27 Brighton, Colorado 80601 y��y{¢ ea Y :""'E S. �' f $G f r ry # ""'' `.' t Ie. r` a' .,`,91;14) rr F 1 I i 1 i; t ~ jY ' ,,.. ,.! t 4 „44,:, Iva( I {t hp44 , � �� . 1. �A�,a y # /r '- x ! 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I . , §, II 1 ff'Ir It 4 lit I itl4 ,r. .. � it .. l")'* i'A� ",, I CY X§I* r arga 'uI r , . t"Ft j74 [ veil r" 1 *t I .... ei YY....n.y r.k .. _._. 4 49t.xnM. t. ' s. Y ! { .•_ j)„ I_ I I S If ( A -1 4 . 'ic'+a' { t a I ,' ft tf stx .a•] tl yii ,',-;--1- :r i0= i t, i4 tµffffffE 4. tl� ,t, 1 • 1 • t ` qq mo�t'{{tSy .1 {• 5 t § A eE F tl 2,at, { .'j 4 •i - i i I • } -}Rk t '. (t; �' e'₹ dTL... FkiFr,. �t .-..w� 4 . II4' It' V1 FORT �� °� `°ployp of orb Itunton C $-)t 36 COUNTY OF WELD 330 PARK AVENUE FORT LUPTON 1303 85T b66T P O BOX 158 DENVER METRO 3031 1 8935404 -� FORT LUPTON CO. 80621 OR E E L E Y METRO 1303, 185 6108 OLORADO 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 facilities 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 81 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 I-3 is completely inappropriate at this location and strongly urge that the request be denied. r 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' wFrets_yciT 1V7? H r- shall, at the request of the City, and when ]lhgatly- 1 C �� ! feasible, annex into the City and be subject to 41 3 1 19o2 rules and regulations of the City. 1I' a,;•4 ♦ Commis iuu 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 (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 does 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 considerationof thesecomments. Si cerely,� Joe Lell, Mayor, Fort Lupton i eV -VICTOR A L D dbo WEIT£RN FovQ FRoot. 5 L_0 ZN ZZ C OAI L k f AAise- 4 Z0NIM4 (-AISE No Z a 364 N CVRREN-r ZOUE CLASS(FICAT/0N A rGUF5'rEDZONE. LLA5S1FICAT100J 1 3 i)11.`. , S - Sc.J.LE ' , 1 Qil O -ts is 'so 4 0 (4,5: 3 ce n/.\-/ CcR. `5 /2, K W '/4 et eL I F.C. ZO,T.1 K. R4,(OW. Flo irk/mrs Liw SY< Al.WI I ' > 1 _a______ 569.5/ /9'G ° • :3727 T o"t': t a _- ,p. L ` . , a M�II�Y��q \ f DO[w<]w!•fail. � e T �I [ — m III e H 1rA;;ls 9358 771 --*4 V 4 li AlAf5 Hoac OR Lis5 14- m ii i Nr .1 NM 4 BUS/NE5S QC T X Bs Po •/ g ti t 4.1 j $ t ,lit t 1 lI Ti --- a3 —�' o h s° ----_..------ 93_71.7--- -- 4 w1 Q 89' 51 11 %W 467. 93 ESC A./O. N a M O'- A4 Ase9AR �/?' I CAP � 200 0 ,_ 5 12330 rcovn • kei I' ._-- P-- PON,R LINO z 1 -"— T— 1-CLaPrJONE. LRik 41 I it C ENC6 I OWEN I1 iRE.'S e h550CihTF..5 /NC P4R'1GH70K, COI_049i.O i 4 ti 6 . ? 4 S N AA 7 /0' 2 . .. lsrrvwi •mae.m«a<s«v.wwaww; z+..e+oe�..-+�,..a.ar...�...... w LEGAL DESCRIPTION: itThat part of the South one-half of the Northwest � / one-quarter of Section 20 , Township 1 North, Range 66 West i( of the 6th Principal Meridian, Weld Cr nty, Colorado described as : Beginning at the NortWti t corner of said 4 fk South one-half Northwest one-quarter; thence S89°51 ' 19"E ft. T' on in assumed bearing along the North line of said South y one-half Northwest one-quarter a distance of 487.27 feet to the Westerly Right-of-Way of the Union Pacific Railroad; thence S00°11' 28"W along said Right-of-Way , a distance of 300.00 feet; thence N89°51 '19"W parallel with the North line of said South one-half Northwest one- quarter a distance of 487.93 feet to the -West line of said South one-half Northwest one-quarter; thence N00°19'00"E along said West line a distance of 300.00 feet to the Point of Beginning. Subject to the Right-of-Way of Business Route 85 Contains 3.358 Acres more or less including the Right-of-Way of Business Route 85. CERTIFICATE OF SURVEY I hereby certify that the survey shown hereon was made by me and under my direction and is accurately shown on 11 this plat to the best of my knowledge and belief. - ' 9P' h. ,r A.f ,. &,(1 W . .-6, . 1 $ , - PLANNING COMMISSIONERS CERTIFICATE This is to certify that the Weld County Planning `'* +ig. , ` Commission has approved and does hereby recommend to the . Board of Commissioners, Weld County , Colorado for their a Nei.4`, confirmation, approval and adoption of this Zone Change * as shown hereon and described this day of 1982.' r f, • airman, Planning i o BOARD OF COUNTY COMMISSIONERS CERTIFICATION This is to certify that the Board of County Commissioners, Weld County, Colorado, do hereby confirm, appr ve and ado•t this Zone Change and regulations this 7 . day s of % , 1982. c %' ,....\,„ oun Y r - • man, Board f unty Comm. _,' 'ECORDE p. ) •� l ti =putt'< ._ . DATE: - lite-- .1 . O4! ' • : .,CLERK AND RECORDER CERTIFICATE This plat was filed for record in the office of County Clerk and Recorder of Weld County, Colorado at .M. on the day of , A.D. , 19 ,: Recption No. ,>. County Clerk and Recorder v rife, /8, 1982 FILOWEN AYRES 4 ASSOCIATES INC BRIGHTON,COLORADO SHE ,Vo.10-INo-I!1 SHEET 2 a 2 Hello