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Home My WebLink About830042.tiff RESOLUTION RE: APPROVE CONTINUANCE OF CHANGE OF ZONE FROM A (AGRICULTURAL DISTRICT) TO I-1 (INDUSTRIAL ONE DISTRICT) - FREDA L. DREILING 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 Change of Zone, from A (Agricultural District) to I-1 (Industrial One District) , hearing for Fred L. Dreiling was scheduled for August 24 , 1983, at 2 : 00 p.m. , as stated in the Notice dated July 20, 1983, a copy of said Notice being attached hereto and incorporated herein by reference, and WHEREAS, at the hearing of August 24, 1983, the Board, after consideration, deemed it advisable to continue the hearing until September 7, 1983, at 2 : 00 p.m. in order to allow the Commissioners time to visit the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Change of Zone, from A (Agricultural District) to I-1 (Industrial One District), hear- ing for Freda L. Dreiling be, and hereby is, continued to September 7, 1983, at 2: 00 p.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of August, A.D. , 1983 . BOARD OF COUNTY COMMISSIONERS ATTEST: WE COUNTY, COLQ$ADO Weld County Clerk and Recorder (//l�F�/� and Clerk to the Board----) suck Carlson, Chairman i„)f ly i -Deputy County Clerk J T. Martin,� Pro-Tem APPROVED AS-TO4'ORM: r�� n„ -//_ _ Gene R. Brantner � 4a� County Attorney Norman Carlson Ja que 'ne Joh son LHR 2186 DAY FILE : August 29 , 1983 830042 HEARING CERTIFICATION DOCKET #83-42 RE: CHANGE OF ZONE, FROM A (AGRICULTURAL DISTRICT) TO I-1 (INDUSTRIAL ONE DISTRICT) , FREDA L. DREILING A public hearing was conducted on August 24 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chairman John Martin Pro Tem Gene Branther Commissioner Norman Carlson Commissioner Jacqueline Johnson Commissioner Also present: , Acting Clerk to the Board, Tommie Antuna 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 July 20, 1983, and duly published July 21 and August 11, 1983 in the La Salle Leader, a public hearing was held for the purpose of considering the request of Freda L. Dreiling for a Change of Zone, from A (Agricultural District) to I-1 (Industrial One Dis- trict) . The Assistant County Attorney, R. Russell Anson, read this request into the record. Rod Allison, Planning Department representative, read the recommendation for denial of this proposal, from the Planning Commission, into the record. He also read the reasons for the unfavorable recommendation into the record. Jerry Dreiling, husband of the applicant, came forward and gave the reasons for this request. He said this property is not suitable for agricultural purposes and they would like to utilize this piece of property by placing storage units for rental and building a house there'. Bill Pehr, adjoining landowner, came forward and offered comments opposing this proposal. • Mr. Dreiling submitted letters to the Board from neighbors who do not oppose this Change of Zone. Mr. Pehr offered further comments regarding his reasons for opposing this request. After further discussion, Commissioner Johnson moved to deny this Change of Zone, from A (Agricultural District) to I-1 (Industrial One District) for Freda L. Dreiling. Commissioner Martin seconded the motion. He explained that he was seconding the motion so that it would be open for discussion. After a short discussion, Commissioner Martin said that he was going to abstain from voting due to his business relationships with both Mr. Dreiling and Mr. Pehr. Discussion followed and the notion failed by the following vote: Commissioner Johnson and the Chairman voted yea. Commissioners N. Carlson and Branther voted nay and Commissioner Martin abstained. After discussion, Commissioner Branther moved to continue this matter until September 7, 1983, in order to give the Commissioners an opportunity to view the subject site. Commissioner N. Carlson seconded the motion and it carried unanimously. APPROVED: ATTEST: \IA; (;1 , ,Z7 ;<- ;: 'm v Lyti/ BOARD OF COUNTY COMMISSIONERS WELD , COLO !COUNTY, / Weld County Clerk and Recorder and Clerk to the Ch Carlson, Chairman puty County ' erk T. Martin, Pro-Tem Gene R. Bran r Norman Carlson J.cque e Jo o TAPE #83-90 and #83-91 DOCKET #83-42 LHR #2186 DAY FILE: August 29, 1983 1 AUG 2 x'1983 11 pui_ a .. TO WHOM IT MAY CONCERN RE: Pnopozed Zoning Change bon Fneda Lee Dne%ting Az undexo,igned below, I have no objection to .the neguested zoning change bnom A (Agyi_ cu l-tuna2 V- t&Aet) to 1-1 (I nduetA,ial One VAistA,Wt) concextaing the area dej,cnibed a. : PaAt ofi WJ ob the SE;, Section 1, TIN, R67W ob the 6thP.M., Weld County, Coto. The Weld County CommiszioneJw axe 'scheduled to covu,.ide c thi s request on Augwst, 24, 1983. r 2 i\ rn.nv ‘\ N.\) is cipX>kni,ts \\--3 4\ C.n ,\\.1/40,A •vol '3.I-.\tri. Iftt;2° 1114 7(1 z' ( x' // 3 & /� Lt,C" �. l 1 '77 'Z Nun a- S 2 -_. /T. 4.1,/P7-0") , (r��l� . /,,, ,A. ' (u _ //1 /-�:7 Z. ,,� .1 (7 �� / 7 1 .,:f. T L git A. ,7f e?-n- ll-1P< s `3 S" a./.. e o).� 1Dz4,Ci 1),- Ci - ..?-±3&/ S- 7f1 1.1 GREELEY, COLD. TO WHOM IT MAY CONCERN RE: Paht og (UJ og SE4, Sec 1, T1N, R67W ob 6th PM, Weld County, Colorado While the above-mentioned land was .included ,in the Lena Ackenson Estate I was executhi-x ob said estate. At no time during this period was the above-mentioned land blooded by the Platte Rivet, to my knowledge. I was appointed ExecutAix .in 1964. DATE , ,‘'l_,, /x/'13 SIGNED 1 cia. /C• G (,/ Z�e ui ii Donis R. AckeAvon 11 TO WHOM IT MAY CONCERN RE: Paint ob Wz 06 SE4, Sec 1, T1N, R67W ag 6th PM Weld County, Colorado. The above-mentioned pkopehty was 6jcvuned by Watada Farina, 06 which I am a paht, bon. many yeaAs when .it was managed by Lena Ackehson and bak appn-ox,imately 15 years wk tee it was managed by Donis R. Aekehson, Execut2ix o6 the Lena Ackehson Estate. This pkopehty, to my knowledge, has neveh been goaded by the Platte Rivet-, white Watada Farms tweed it. Far. the moat pant, we did not have an ,uvrigated chop on this gn.ound since the -tt igation water would not Row to this piece ab ground. , l SIGNED «y�`� ecLA r�. -Alghed Watada pfd 4€42&d erne 11� k_ �x 4-LLQt / /99/..2 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # ;1 `1 '7 - `rL:_-„ DOCKET # Y3 ) -- _ Al Q._1- DOCKET # J 3 -13 - if:-/L.“--'-'—'" �4'y-i 4 rl Y J /3. - ILL.tL4 i(,:L 71. PLEASE write or print your legibly g name, address and the DOC 4 (as -.0 above) or the applicants name of the hearing you are attending. 'A"1E ADDRESS HEAPING ATTENDING LADING \` t 1'1/� -f 9 r.�I �� / / '/ l/ / N �J / �� e! ,, ,/ /,!-;-1---- ILA� / 4.gil, Ot, � '' � c.' S .1 �\ 4—/ 11c 1 >:V �7 i/ /�/c 4.< i - 22 /.-� c _ 7 � _ ,< o f-C-_� �� . �! L 0- / :. . '�i ' . - i� 1' ? /� ,-,y,,, is - -- . . /Z4/4 J,/"jjj'`1;77T. /-:..06/-:..06 ._.-'),7 /4, i% ''/ 1 , j f 4 'f � i '� 1 (.;L O !'L C.-7C - �� 1. (//1,.. �C 1 \/:y - - 2 / -�-.— 21 7-A I � S4- , G,c,�Q,„ CHANGE OF -ZONE STANDARDS In a quasi-judicial decision on whether to grant or deny a request for a change of zone , the law requires you to base your decision on specified criteria . Section 21 . 6 . 2 of t-he Weld County Zoning Ordinance requires the Board to base its decision on the critaria listed -below. Please use this sheet for making nstes . Before you make your decision , you shovli -make findings of fact -based on the criteria . If you wish , you may go into executive session to make findings of fact ; however, you may not make a decision on the case in executive session. Is the re uest for a County Comprehensive T' chan e of zone consistent with the Weld an? If not , is the Qxistin zonin of the ro erty fault or Do changin conditions in the area warrant s chap a of zone? Will the uses which would be allowed on the sub 'sct ro ert b rantin the change of zone be land uses ? com atible with the surroundin Gan ade uate water and- sewer service be made available to serve the sits ? Are street or hi hws facilities rovidi adequate in size to meet the requirements of Cetss he to the ro zoned district ' q ro • •v m-9 aT N rjjzi �y � "9 ,-NS.2 YO 9m Ri12�ee �a-mA E3gEE j.as N tin<. .W< •ama ig 4-18 m .6� 33 3Ep It V a .= . nat.-gag a a .• 4"'. {i g. t i 17 2IBaiOWWOWJ tVf gg ZVlJZ2Y _.i �w � ,i �m�0_ C� WVafWqqhriffiith .1Q J'� •�N�.W �.4>LL►CGf aryt . A1g_'o�Tday,aiiglp .E 'im°�-$ $mam 411,Ei$ e LL V. _ "'WaIJSKi. vit- asts3 A:z 2 di" .1 g E+'$ee�m$ ~Ee$mhY T. Y ('FW3Q m< `c 3y WJ isieEza_.ma,. wv.g.ta `► :.nIaa-`W•Eg m os �cE2uu'Vsg£wE mm¢m£_u - 6 c c 7.- . a c s `z•t ::: 3 ° 5 0 -c• " � o ; = 3 a = C - 9 t = C . 'O F n l� 1a .. r. E i _ L ` . u c a -T L aj i n E ' ? E _c > t o. c n v - c 0. Ja., - o t _ c ' L '1 - E - 2. W O C L L G C C C .U. .. 1 `. r '� a 'C > E L '` C • 'C C_ n Y O Lh L ^�\ `_ C \��.-�}JJ�/1 b CC J C ^_ - C C ` s n 1 Y i U 6 \ �] L T T \ _ _ U v _ t 6 c v c y L E p _ = w > c c u c _ + c ^ x 7 z v ` s t i c W l `p ` L J _ _ _ U _ Y C C t� G L \ L e d c F > n c 5 -:c c • 6 ,c 5 lT M 4y E 4 c r. .. J c t ._ E v _ i 7 .c L _ � e c c � E - _ = E r a `o m '� c > c a c E r T O c T L J y .� �C .C lJp.- ` c L M F r — < = 55 - Et _ S. a = E 's _ '1,1 r < s ❑ E $' Affidavit of Publication STATE OF COLORADO, ).. sa. C • off Weeld.) ( "62-4-41.- ✓ ' Q�P ',t of said County of Weld. being duly-sworn. ' y that...NOTICE I m blisher q Pursuant to Rt!'2Op ///State of Colorado ss^d*the et thews �t ��<�i, County organ_a0 at Pubic � that t o same is a weekly newspaper of general ele:i of ebe heltl a t we Cham- circulation 1� Commissioners ewrd i went ' '-�" d published in the Colo do Wem County County, town of ✓✓ /__1_Op/ Center, 975 10th ounry Ce^ret'eal in said county and state, that the notice Cr adver. Colorado, STreet, at the time spedffed.All tisement. of which the annexed is a true copy, persons in any manner In eaMtl in maythe /allowing proposed age of has been published in said weekly newspaper be he arduestltl to e-"Jd and for BE IT ALSO KNOWN weeks: that the notice ansecutive and mat tbe text' y published in the as socertifiedb regular and entire isaw of every number of said Planning Com by Count. amlhetl in the mission the be my newspaper during the penod and time of al °Wo of tF! Puhit Eoerd of the C ark to cation of said notice and in the newspaper toners,lorated j the County - miss- proper and not in a supplement thereof, .hat the Third Floor,Center, 975 x0111 street first publication of said nonce was contained in Greeley, Colorado, the issue of said DOCiKET NO..83-62 APPLIC4NT ,ter - aPPPer bearing date ath�'e 6025 W Freda L.Welling day of - , A.D.. 19 .a eld County Riad 73 and the last Publtaahcn'nercaf, in the issue a: DATE: qy Fort Lupton,COadf2a said as spcper bearing date, the TIME: 2:00 P.M.!' 1982 �� day of -REQUEST:.Change M Z !9 B,j that the said A^ ricl(Agricultural DIstria))eM Iom Ode District) a LEGAL DESCRIP'I1OFj: 1.wO�(�Part of m! Wih SE, TIN, RUW of lee 6th n 1, has been published continuously and uninterrup t.Colorado, P.M., Weld ed!y during thePc period r at least tissue to eon, OOARDOFCOVNg'Y secunve weeks next prior to the first issue thereat COMMISSION containing said notice or advertisement above WELD COUNTY,COLOS RAIScp BY;MARY ANN FEUE$5TEIN referred to: and that said newspaper was at the RECORDER NTY AND time of each of ;he CLERK A publications of said notice. 707NEE04 duly qualified for that purpose within the mean- ' DATED: Jo Y.Nlery THE OA ing of an act. entitled. "An Act Concerning Legal Published Jfit the ai),2Q 79La Mille Notices. Advanisements and Pub ications and 7lwubiieh'�p1Y L4ugy i� the Fees of Printers and Publishers thereof, and 194 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 particu- larly as amended by an act approved. March 30, 1423, and an act approv�e% ••' 't;.... 18. 1931. Legal -- Subscribed and sworn to before me this ._ 4.. day of c.1,72.7- _ -. D.. 191 My commission expires l__!_Q ` _ Notary Public ELIZABETH MASSEY 22019 W.C.RD. 54 GREELEY, CO 80631 N OTICE 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. 83-42 Freda L. Dreiling 4025 Weld County Road 23 Fort Lupton, CO 80621 DATE : August 24, 1983 TIME : 2 : 00 P.M. REQUEST : Change of Zone , from A (Agricultural District) to I-1 (Industrial One District) LEGAL DESCRIPTION : Part of the W1 SEa, Section 1, T1N, R67W of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: July 20, 1983 PUBLISHED: July 21, 1983 and August 11, 1983 in the .LaSalle Leader LHR 2186 DATE: JuTs '0, 1983 A ID: The Board of County Commissioner€ Weld County, Colorado ROM: Clerk to the Board Office commissioners: If you have no objections, we have tentatively set the Following hearings for the 24th day of August, 1983 Docket No. 83-42 - Freda L. Dreiling, COZ-A (Agricultural District) to I-1 (Industrial One Districtl Docket No. 83-43 - Barbara J. Johnson, COZ-A(Agricultural District) • to P.U.D (Planned Unit Development District) OFFICE OF THE C RK TO THE BOARD BY: � /cam y, Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. -3OARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO C1= O1 HOARD Of- COUNT Y COMMISSIUNH-RS PHONE 1303)3564000 EX F.200 "'••^ .. P.O.BOX 758 r C1 �_ w + •��y �� GREELEY,COLORADO 80631 C, =` JUL I8 .083 COLORADO L?Iii:6LEY, COLO. July 11, 1983 Freda L. Dreiling 4025 Weld County Road #23 Fort Lupton, Colorado 80621 Dear Ms. Dreiling: Your application for a Change of Zone fran A (Agricultural District) to I-1 (Industrial One District) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description o₹ the property involved is described as part of the W2 SE4, Section 1, -Township 1 North, Range 67 West of the 6th P. M. , Weld County, Colorado. If you wish to be heard by the Board of County Ccnnissioners, it will be necessary for you to indicate your request by signing the bottan of this it to will thenebeer and followed. This includes publishing s office. a Notice of hearing in the legal newspaper, an expense to be paid by you. -In order to proceed as quickly as possible, we must receive your reply by ,7uly 25, 1983. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD aece,467a-c-d-dr"-a--4-- COUNTY, COLORADO CHUCK CARISOE, CHAIRMAN a wish to have a hearing on this matter brought before the Board of County Commissioners. I agree to pay for the legal advertising expense. cp 1.___. ---- , __� _ _._ co .tr-1 r-1 1 tj� h I ! I 1 C1J o rv-I a` Z 1, O -�-t- { - - ,. = L v R ii }} I. i 4 :l L 11-1 nu. to to I4,! i � QC} 0 l. g, m Mt. . z J ; V; o I ! I . • 4 g o t3 eo lTi �•8 C S t I `u i �• f�a! • i a ! gisc ,1 p ". YI v.• R 1 .. ~ r C a[4 ' i < E_I ut w ! ! im (/10 i-a.., 4 i v1 N1 a. 1¢ oilD ° i'- V IIJI1 r"I rg O ,; eQ 1 U cm h L Q oa z . • to- b:li I g ' p 94 I`G N co c CG6: .. - m r..., f� i ti raj a g.,-.. i _ .�. . may m o 2 a T, Cn m S, g """F, , tu cr nu M H I.- �, o o z o 3 /� § f w crN raE Icy Q ❑❑ e• ` '� o - • P" IIiIil a -,-i a _o-, CV Lu J u `4a rqi,r p O a w o v �❑ 3 U O W 41 F , oI l.1 m IIW-- w • a C]OO I Z o % r N of rj� I C v ti 3 Form 3811,Jury 1982 - � A RETURN REC BEFORE THEJELD COUNTY, COLORADO PLANNING (:..,MISSI RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COM IONER J� Date July 5, 1983 Case No. z# 391:83:6 J! L 81983 /(J `, / APPLICATION OF Freda L. Dreiling �•. (i ADDRESS 4025 Weld County Road 23, Fort Lupton, Colorado 80621 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" ( A ricultural District) to "I-17 ( Industrial One District covering the following described property in Weld County, Colorado, to-wit: Part of the Wi SPIT., Section 1, T1N, R67W of the 6th P.M. , Weld County, Colorado be recommend (f ) (unfavorably) to the Board of County Commissioners for the following reasons: I. The Change of Zone request is not consistent with the industrial growth policies of the Weld County Comprehensive Plan and it is not consistent with Fort Lupton's General Plan. The Weld County Compre- hensive Plan Industrial Growth Policies are as follows: A. Industrial Development is encouraged to locate in one of the existing municipalities where such a facility can be accomodated according to the local Comprehensive Plan; B. Zoning for industrial use in areas outside this area covered by the Comprehensive Plan of the existing municipalities shall be encouraged only for low employee concentration, agricultural related industries or other industries that can show they cannot Motion seconded by: Bob Ehrlich Vote: For Passage Ed Reichert Against Passage Bob Ehrlich Tack Holman Bill Diehl Jerry Kiefer The Chairman declared the Resolution passed and ordered t:iatacertified 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 July 5, 1983 and recorded in Book No. VIII the said Planning Commission. of the proceedings of Dated the 6th day of July , 19 83 . 1loLLJ:s. Quad Secretary \ 804-50-050 Z-391:83:6 Freda L. Dreiling A Change of Zone from "A" (Agricultural) to "I-1" (Industrial One) Pars of the WIZ SEA, Section 1, T1N, R67W of the 6th P.M. , Weld County, Colorado July 5, 1983 Page 2 reasonably be accomodated within the areas covered by the munici- palities comprehensive plan. C. Industrial Zoning within the comprehensive planning area of a town shall be subject to that industry's compliance with the local Comprehensive Plan. II. The Applicantis proposing a zone change on a seven (7) acre parcel of land in order to conduct a storage rental business. The subject site is zoned agricultural. East of the subject site, the zoning is agricultural for approximately one (1) mile, extending to the city limits of Fort Lupton. North of the subject site the zoning is -agricultural and extends for several miles. South of the subject site the zoning is agricultural and extends for several miles. West of the subject site the zoning is agricultural extending to the Tri- Town City Limits, except for one (1) two-and-one-half (2.5) acres, more or less, parcel zoned "C-1" (Commercial One). The "C-1" zoning was approved in 1964, prior to the adoption of the Comprehensive Plan. The "C-1" area is undeveloped pasture land and is out of the flood plain. A. Given the physical zoning facts about the subject site, this request would constitute "spot zoning". The proposed zoning _change is to accomodate a use on a piece of property -simply because this is the land that the applicant owns. B. The Fort Lupton Planning Commission reviewed this request and did not recommend approval. The request was returned and the town indicated that this proposal was outside of the Fort Lupton General Plan for industrial growth. A review of the General Plan for Fort Lupton clearly shows that there are no plans for promoting or servicing industrial growth in this area. The basic concerns of the Planning staff are: 1. There are several vacant areas of land in and around Fort Lupton, zoned industrial, and capable of accomodating this use; 2. The subject site is partially within a one-hundred (100) year flood plain and prior to developing, the owner proposes to fill in the flood plain area. The constriction of the flood plain may increase flood water levels in the area and adversely affect property up and downstream; 3. Colorado State Highway 52 is an existing arterial. The _purpose of the highway is to move vehicles from one town to another at the legal maximum speed limit under the safest possible conditions. Although not much traffic is associated with the applicant's proposal, if approved, this use will affect the free flow of traffic on Colorado State Highway 52, as well as open the door for other such proposals. -RA:rg Date: Ju_; 5, 1983 CASE NUMB-ER: Z-391:83: 6 NAME: Freda L. Dreiline REQUEST: A Change of Zone from "A" (Agriculture) to "I-1" (Tndusrrjral One) LEGAL DESCRIPTION: Part of the W1 SEl , Section 1, TIN, R67W of the 6th P.M. LOCATION: Approximately ane (1) mile west of Tort _Lupton on Highway 52 THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT -THIS REQUEST RE DENIED FOR THE FOLLOWING REASONS: I. The Change of Zone request is not consistent with the industrial growth policies of the Weld County Comprehensive -Plan and it is not consistent with Fort Lupton's General Plan. The Weld County Comprehensive Plan Industrial Growth Policies are as follows: A. Industrial Development is encouraged to locate in one of the existing municipalities where such a facility can ire accomodated according to the local Comprehensive -Plan; B. Zoning for industrial use in areas outside this area covered by the Comprehensive Plan of the existing municipalities shall be encouraged only for low employee concentration, agricultural related industries or other industries that can show they cannot reasonably be accomodated within the areas covered by the municipalities comprehensive plan. C. Industrial Zoning within the comprehensive planning area of a town shall be subject to that industry's compliance -with the local Compre- hensive Plan. II. The applicant is proposing a zone change en a seven (7) acre parcel of land in order to conduct a storage rental business. The subject site is zoned agricultural. East of the subject site, the zoning is agricultural for approximately one (1) mile, extending to the city limits of Fort Lupton. North of the subject site the zoning is agricultural and extends for several miles. South of the subject site the zoning is agricultural and extends for several miles. West of the subject site the zoning is agricultural extending to the Tri-Town City Limits, except for one (1) two-and-one-half (2.5) acres, more or less, parcel zoned "C-1" (Commercial One). The "C-1" -zoning was approved in 1964, prior to the adoption of the Comprehensive Plan. The C-1 area is undeveloped pasture land and is out of the flood plain. A. Given the physical zoning facts about the subject site, this request would constitute "spot zoning". The proposed zoning change is to accomodate a use on a piece of -Property -simply because this is the land that the applicant owns. 18. The Fort Lupton Planning Commission reviewed this request and did not recommend approval. The request was returned and the town indicated that this proposal was outside of the Fort Lupton General Plan for industrial growth. A review of the General Plan for Fort Lupton clearly shows that there are no plans fo'r promoting or servicing industrial growth in this area. The lasic concerns of the Planning -staff are: 1. There are several vacant areas of land in and around Fort Lupton, zoned industrial, and capable of accomodating this use; 2. She subject site is partially within a one-hundred (100) year flood plain and prior to -developing, the owner proposes to fill in the flood plain area. The constriction of the flood plain - may increase flood water levels in the area and adversely affect property up and downstream. 3. Colorado State Highway 52 is an existing arterial. The purpose of the highway is to move vehicles from one town to another at the legal maximum speed limit under the safest Possible condi- tions. Although not much traffic is associatedwith the applicant's .proposal, if approved, this use will affect the free flow of traffic on Colorado State Highway 52, as well as open the door for other such proposals. RA:rg CONDITIONS Z-391:83:6 FREDA L. DREILING The Department of Planning Services staff recommends the following conditions be incorporated with the Weld County Planning Commission's motion to approve: 1. Prior to setting a date before the Board of County Commis- sioners, a report addressing the feasibility of this project shall be submitted to the Department of Planning Services. The report shoul-d address the concerns about _filling in the flood -plain area on the site, as outlined in the June 21, 1983, letter from the Colorado Geological Survey department. 2. The final Change of Zone plat shall to corrected to show a seventy-five (75) foot reservation south of the centerline of Colorado State Highway 52, prior to recording the Change of Zone plat. RA:rg -391:83: 6 Additional Comments Freda L. Dreiling I. The Department of Planning Services staff has received a visit from surrounding property owner objecting to this Change of Zone. RA:rg CASE SUMMARY SHEET Case Number: Z-391:83:6 Size of Parcel: 7.3 acres, more or less Request : a Change of Zone from "A" (Agricultural) to "I-1" (Industrial One) Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: This proposal is not in accord with-the Fort Lupton General Plan or the Weld County Comprehensive Plan. The balance of the subject site is in the flood plain. The small acreage zoned "C-1" to the south of Highway 52 and east of Weld County Road 23 is vacant ground and was on the Planning staff's list to rezone back to agriculture. The Planning staff has received one phone call and one visitor objecting to this proposal. It is the Planning staff's position that industrial development should not be encouraged in flood plain areas. Please review letters from the Geological Survey and the State Highway Department concerning this proposal. The Fort Lupton Planning Commission will review this case on June 28, 1983 . RA:rg FIELD CHECK FILING NUMBER: 2-391:83: 6 DATE OF INSPECTION: June 22, 1983 _ NAME: Freda L. Dreiling REQUEST: Change of Zone from "A" (Agricultural) to "I-1" (Industrial One) LEGAL DESCRIPTION: Part of the 141/2 SE', Section 1, T1N= R67W of the 6th P.M. LAND USE: N Lupton Bottom Ditch, Pasture, 3 residences to the northwest E Lupton Bottom Ditch, Pasture, 1 residence in the southwest S Hayfield, pasture, oil and gas wells W Oil and gas wells, mobile home farm residence, hay field, pasture, dog kennel ZONING: N Agricultural LOCATION: Approximately one mile west of E Agricultural Fort Lupton on Highway 52 S Agricultural W Agricultural COMMENTS: The 30 acre site, of which 7 acres are proposed for "I-1" zoning, is currently used as pasture for fifty head of cattle, more or less. The Lupton Bottom Ditch provides water for the cattle, as well as subsurface irrigation for summer pasture. The entire site has a serious thistle problem which indicates poor range management. Adjacent properties do not seem to have this problem; a viable hay operation takes place to the west. The proposed 7 acre change of zone contains an old abandoned house and 4 outbuildings. Access to the property is gained off of Highway 52 by a wooden bridge over the Lupton Bottom Ditch. A private gravel road runs the entire western side and a high power transmission line traverses the southern side of the 30 acre parcel. BY: [ Qc�C� AltS Michael S. Mullen, Current Planner MSM:rjg Q 3 ]i' _-.. 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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:,4 'ROT eF77/6 &JcsT ofE-N.ff of Tart Soonirisr ONE-M000rra or SFcrion /,T4.,ASNsP /,Voaro, RAN6d 47 e...wsr of MX 4?H 7/15 14)CO / cm"? eoA.0AOo, /Ylo.et p orieozAtty ?lac4eEo 43: at/i.e./An:a h AT TNt NA) CotNa orn/` SCy or SA;o Sancta 4• -Mate .7 00.17 70' C //ow AN ASSumco 3'E.1.C/Nb ggeN6 The Can. LdN6 orSA/O SEM .i 2)ASVQ*er or 48.eo reel— ra A Potter o n ME Scum t o,4J. .GiNc of Cotonoe Srow //i SN4JAy Nom, SAio po;ter fist BEkC THE flue 12.52v7- OF rCa .vN/N6i THEACE CoNTi.YOiNC Soo'/7'Jo" E AC". THE 4).057" L/NE OF SAID SEA 4 DZsTANor or too .cnr; 7NCNCE N 8953'00°E pf1AL.E. TOAWC chat L.4i't of S/bo SIC 4 A Wis/?INcc of Noo.00 Fre7; TeweE /Vet°/7'Jo"St.) 73,gga a To 7NC tartrz/we of SA40 (If additional space is required, attach an additional sheet) Property Address (if available) : PRESENT ZONE 4.e/?u,Cruec PROPOSED ZONE Z/ TOTAL ACREAGE 7341A4iecs OVERLAY ZONES SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: SR// Name: AVena L E;i;uc Home Telephone # : JS7-.. Address : ,/oas cw q C,„”<a/ AAo'0fr3 Bus . Telephone #: /,S7-///34.. In/zr hopro.✓1 et/tam)." Rotas, Name: Home Telephone #: Address : Bus . Telephone If : Name : Home Telephone ]f : Address : Bus . Telephone # : _ Applicant or Authorized Agent (if different than above) : Name: aremD 4�Re;t;nt Home Telephone # : 357-4,1514Address : yo�.T L.iiao ee,�4J7y /Qnan"*a3 Bus . Telephone If : 4J7- /y3t %tar Lorna// COOLORAOn .Pak1I Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor ' s Office : Name : er-foa Address : 4/o tDnaf/nawr1,0 ^.4o J' Ferlirroe/, (<O,PAvo Rasal Name : ..ø t /A �LAeAS22 w_ck Address : /y7/ &)ce Coos, ), a 40 '.o 4-7CAPrAtupro.✓ &otoo° dot.nl Name: flir/neo 7o00er/n./ it Address : igno N. 2?e v,,re 4€ 1.er Lvpm..i c oLO,A0o 10644 8S7-6636 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 ) -7 ignature : er or A horizgent Subscribed and sworn to before me this ,23.11' day of `jtc.� , 19(3 . SEAL ?Int "11.4NOTA Y PUBLIC My commission expires : ��j2�/ /917 4025 Weld County Road 23 Fart Lupton, -CO 80621 hay 21 , 1983 Chuck Cunliffe Department of Planning Services 915 10th Street , Room 342 Ureeley, CO 80631 Dear Sir: My wife and I would like to have a change of zoning on 7. 349 acres out of a 30 acre parcel we own. We would like the 7 . 349 acres changed from Agriculture to Industrial I to accommodate a house and proposed storage units . The proposed area now contains one unlivable house and several unuseable outbuildings . It also has a domestic shallow well which we are in the process of changing into a deep soft water domestic well. The soil is made up of silt and gravel and there is no irrigation water. The proposed site is not farmable or useable for pasture. We propose to clear the land of all old buildings , put a greenbelt along Highway 52 and fence all 7 . 349 . acres with a six foot chain link fence . We will also bring ground level to above the 100 year floodplain. We plan to make the property more attractive to the public eye and also help fill a local need for storage. As long as this proposal is a low people-density busi- ness , the Colorado Department of Highways said present access is adequate. We have also gotten an "okay" from the Fort Lupton Fire Protection District. The surrounding area is made up to these type uses : to the west there is a dog kennel , farm corrals and sheds , and a Commercial I Zoning, the east and south is floodplain pasture, and north is farm ground and floodplain pasture . Thank you for your time and consideration in this matter. Sincerely yours , YJ Gerald J . Dreiling n TT 1 a. C C ;, .,. Aloha „ N.' ''nain eerinf 1 C/V/L £NG/NEER/NG a LAND DEVELOPMeNT PROPER/Y SURVEYS PO. BOX 392 617 5th STREET FORT LUPTON COLORADO. t30621 Thursday May 26, 1983 Mr. Gerald Drieling 4025 Weld County Road #23 Fort Lupton, Colorado 80621 RE: Soils report for a part of the W 1/2 SE 1/4 Section 1, Township 1N, Range 67 W. Weld County Colorado Dear Sir: The soils at this site are Aquolls Series with a pro- file as shown on the attached sketch. The fill material to be hauled to this site to raise it to above the flood plain is SP classification and comes from near the south line of this site. The foundation for the residence and warehouses will be based in the SP material. Spread footings with a maximum soil load- ing of 2500 lbs . per square foot can be used. "\`�pptUll�nnnnU��i� Yours truly, r •• • * 12330 N4i Cecil R. Crowe, P .E. & L.S. 12330 • O . I- • C. NW OR SEI/4,sw.1 HIGHWAY NO. 52 14 S 89°53.00"W 8 ILNoff9 Lin.,SE I/4 !l-4SM.00` g ¶I.. t f7 LUPTON Tf.. Poi9.4 "4. S89°5300 -324. TEST HOLES I W rug-11/4B7°23 I 2 kPro.o..4 3 4 9t7 I I sly o ,�. -* —T �- -o- it I 199.4 P�....44IL • X47) �I 1 MJX 1y O1 Ma x 972 95.9 k tl i if X J. h Z9 " ' p•�i1g �.C? .2 —I— GI I 499• T 11? / I tor S / \ / / SI 'I 6 98.6 .9• / I n 93.0 4. r W x �r9s.4 r as.3x / / —3— e ° Q I 4O' - p O 801 „ a0'_` + p0' /et y / I q .990.3 X96.3 96.3 7 95.6 / ` —5— / ii /ID f • X I r \ / 0•*" -e- w 12• I I I � � 0 <° / / I *J I O = I X96.6 I 1.971 I X97 I.4 x96.6 / \' \ / / —7— f_ Q � I w � I I I om 12• 0 i I I .. L _ _B_ I CO Hal .I I X 973 I Isle I 9�.J 953 Mir C I I fi ' 1 Al X z L _ J L _ J L _ a SP $ 4.90 r ---1\i/ r �II / � SP-SM • f 99.4 I ' I x90.3 I y96.3 I n97.1 X912 I I I � II I / / I I ? I b 40' F° I ,PJ 9 gee I I I" • I L _ J X99.4I 4• x99.0 1p3.3 X9J.S 9„.3 / ega //93.0 I I I I I I L _ J L J 99.5 It 99.C 40 .OQ 95.2 917 / N 89° 3100°E C C MAILING LIST Freda L. Dreiling Z-391:83:6 Dick Hein 6386 Weld County Road 23 Fort Lupton, Colorado 80621 Ethel Burge 11371 Colorado State Highway 52 Fort Lupton, Colorado 80621 Alice Pehr 11222 Colorado State Highway 52 Fort Lupton, Colorado 80621 Donald Wattenburg 11341 Colorado State Highway 52 Fort Lupton, Colorado 80621 Myrna Slabaszewski 11471 Colorado State Highway 52 Fort Lupton, Colorado 80621 Donald Uynckier 240 Kahil Place Fort Lupton, Colorado 80621 Valerie Hitchings 37 West Ranch Trail Morrison, Colorado 80645 WE-83-0023 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY -,�i�i DEPARTMENT OF NATURAL RESOURCES fi ' 4 715 State Centennial Building--1313 Sherman Stre� /7 Denver , Colorado 80203--Phone (303 ) 866-2611 " 4903 Feld C Richard D. Lamm Jtfiliaigt6ro Governor Di reetC{'4mission June 21 , 1983 Mr. Rod Allison Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Allison : RE: DREILING REZONING We have reviewed the rezoning application . The application and the Corps of Engineers Special Flood Hazard Information Report on the South Platte River indicates that a large portion of this property is in the 100-year flood plain . The developer proposes to fill in the flood plain to bring the area above the 100-year flood height . Filling in the flood plain may increase flood water levels in the area , constrict the flood plain and trap floating debris. These conditions can adversely affect up and downstream property. We recommend that the feasibility of this project be determined with a detailed drainage study by a qualified hydrologist . This report should be submitted to the Colorado Water Conservation Board for review. We cannot recommend approval of this application until these items have been addressed. Sincerely, Julia E. Turney Engineering Geologist vt JET-83-124 STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Box 850 Greeley, Colorado 80632-0850 aQ: _ osN 1.1 (303) 353-1232 tj June 24, 1983 °° Weld County SH 52 �,1 - -._ _ Dreiling Zone :di; 7 Chan e Mr. Rod Allisonre 1 pMt W. of FSi�'� � ;IL-LH3 Lupton on S. Side Department of Planning Services L of 52 Weld County J 915 Tenth Street Weld Co. Planning Cammissian DOH FILE 45100 Greeley, Colorado 80631 Dear Mr. Allison: We have reviewed the Dreiling Zone Change request and ask for your considera- tion of the following comments. 1 . Projected traffic on State Highway 52 indicates the need for a 150-foot total right of way, 75 feet each side of the centerline. Additional width to meet this need should be provided by reservation or, preferably, dedication as permitted by local regulations. 2. Approval of this zone change and construction of storage units on this site would require the approval of a "Permit for Access. " The possible need for improvements to the existing access approach will be determined based upon our review of the application. Application for this permit is made to the District IV office at the above address. Approximately one month is needed to review and issue the permit. 3. The construction of storage units on this site would cause an increase in surface runoff. We ask that on-site detention be provided so that the historical runoff rate will not be exceeded. Thank you for the opportunity to review this zone change request. Very truly yours, ALBERT CHOTVACS ACTING DISTRICT ENGINEER DDR:da Doug as Rames District Preconstruction Engineer cc: A. Chotvacs D. Yost Area Foreman File: Crier-Jacobson w/encl . ` DE FORT 0/, 1•+ eitp of fort u ton II q� COUNTY OF WELD 18 - • ,7V 130 S. McKINLEY AVENUE FORT L.UPTON (303) 857-6667 P.O. BOX 158 DENVER METRO(303) 893-5404 FT. LUPTON, CO 80621 GREELEY METRO (303) 356-9225 COLORADD June 29 , 1983 �In �,:-;;�7 ^t 1,Iy JUL 11983 Rod Allison Cpl\ �J Department of Planning Services 915 10 Street Weld Co. Planning Commission Greeley, CO 80621 The following are the actions of the Fort Lupton Planning Commission meeting of June 28 , 1983 . Case No . USR- 666 : 83 : 29 Use by Special Review Permit for a Dog Kennel for Mabel and Marlene Schaffer. The Fort Lupton Planning Commission decided not to take any action on this applicant since no one was present to re- present the owners and no petition was submitted with the ap- plication by the surrounding property owners . Case No . USR- 559 Use by Special Review Permit for a Dog Kennel for Michael J. Stepnaick. The Fort Lupton Planning Commission is opposed to the proposed Dog Kennel in view of the letters and complaints for- warded to the Planning Commission from Weld County by the sur- rounding neighbors . The Planning Commission also felt that this particular applicant should be further investigated as to the type of operation that he has proposed . Case No . BOA-845 : 83 : 5 Height Varience of 15 ' for Mt . Calvary Lutheran Church. The Fort Lupton Planning Commission voted to approve the height varience for the proposed Cross Tower for the Chruch. Case No . RE-623 Recorded expemtion for Alfred S . Gurule and Robert Sommer The Fort Lupton Planning Commission voted to approve the re- quest for the recorded expemtion for a single family home . Rod Allison Department of Planning Services Fort Lupton Planning Commission June 29 , 1983 Page 2 . Case.. No . Z-392 : 83 : 6 Change of a zone from "A" (agricultural) l to "I - 1" (industrial) for Freda L. Dreiling . The Fort Lupton Planning Commission voted to return this to / the Weld County Planning Department without any recommendations since the site is not within the Master Plan area of the Cit % of Fort Lupton even though it is in the 3 mile limit . If you have any further questions please don ' t hesitate to call me . ince y i Ro ert . Crumb Director of Public Works RSC/af • iei,_ County Planniniy cenr.:ission he : Z J5y1 :,e ±n u:;_1crsi,.nc-d obie:t to the applicati )n of Fr:.da L. Lreilin€, for an :e of Lone from anricul :ure to industrial one because: - 1. Tne proposed use is inconsistant nth szrrcunoing property uses and mould constitute spot zoning. 2. The property is in a floou p-lain. • 3 . Tile prDpose4 use is not ec„nc:Jically i'easable and stands little chUncc of success . it would per::Lit the use of the land in other inaustrail 1 ways. 4. It would be detrimental to surrounding property valures. aijej / / 2 ;) A4---5a (cC e-ee Leo , 6-4 . / ) --J--! 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