HomeMy WebLinkAbout650003.tiffRESOLUTION
WHEREAS, a public hearing was held in the office of the
County Commissioners of Weld County, Colorado in the Weld County
Courthouse on September 1, 1965, pursuant to the legal notice
published concerning the rezoning request of Mr. McConohay for
160 acres located two miles east of Fort Lupton from A -Agriculture
zone to MH-Mobile Home zone, and,
WHEREAS, Mr. McConohay was present and represented by Sam
Telep, his attorney, appearing in favor of the change of zone, and,
WHEREAS.. Mr. John Haley of Nelson, Haley, Patterson and Quirk
was present and represented Mr. McConohay, and presented new
evidence concerning sewerage disposal and available water supply
which had not been previously presented to the Weld County
Planning Commission at their hearing held on July 12, 1965, and,
WHEREAS, no one appeared in opposition to said requested
change of zone,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY that the request for change of zone by
Mr. McConohay for a MH- Mobile Home zone in the Fort Lupton area be
referred to the Planning Commission of Weld County for further study
and recommendation.
Dated this 15Lh day of September, 1965.
BOARD OF WELD COUNTY COMMISSIONERS
Attest:
Cler of theoard
Approved:
County
Cy �
ttorn
PL0119
650003
1
NOT I C E
PURSUANT TO THE ZONING LAWS OF THE STATE OF COLORADO, THE
WELD COUNTY PLANNING COMMISSION RECOMMENDS AND CERTIFIES
TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO,
THE DENIAL OF CHANGE OF ZONE FROM "A" AGRICULTURAL TO "MH"
MOBILE HOME IN THE FORT LUPTON ZONING DISTRICT AS REQUESTED
BY N. J. McCONOHAY, SAID PARCEL OF LAND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
WEST HALF (W4) OF THE EAST HALF (E-) OF
SECTION 34, TOWNSHIP 2 NORTH, RANGE 66
WEST OF THE 6TH P. M.
A PUBLIC HEARING WILL BE HELD IN THE OFFICE OF THE BOARD OF
COUNTY COMMISSIONERS IN THE WELD COUNTY COURT HOUSE, GREELEY,
COLORADO, ON WEDNESDAY, SEPTEMBER 1, 1965, AT 2:00 O'CLOCK, P. M.
DATED THIS 28TH DAY OF JULY, 1965.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK & RECORDER
AND CLERK TO THE BOARD
Published
The Greeley Booster
August 6 and 20, 1965
September 1, 1965
I hereby certify that pursuant to a notice dated July 28, 1965, duly
published August 6 and 20, 1965, a public hearing was had on the request for
a Change of Zone as requested by N. J. McConohay, at the time and place specified
in said notice. The decision on the evidence presented at said hearing was taken
under advisement.
ATTEST: (;W4/RI' 'RECOR
COUNTY CLER AND RECORDER
AND CLERK TO THE BOARD
(CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mr. Telep: Let the record show that Mr. McConohay the petitioner appeared before
the Board of County Commissioners at 2:00 P. M. on the 1st day of
September 1965, regarding a Change in Zone of the West half of the
East half of Section 34, Township 2 North, Range 66 West of the
6th P. M., which land lies approximately 22 miles east of Fort Lupton,
Colorado. Also appearing were Samuel S. Telep, Attorney for the
Petitioner, John Haley Engineer and Consultant employed by
Mr. McConohay, for purposes of this hearing.
Mr. Shultz; We will come to order and procede with the hearing - Pursuant to
the zoning laws of the State of Colorado, the Weld County Planning
Commission recommends and certifies to the Board of County Commissioners
of Weld County, Colorado, the denial of Change of Zone from "A"
Agricultural to "MH" Mobile Home in the Fort Lupton zoning district
as requested by N. J. McConohay, said parcel of land more particularly
described as follows:
West Half (W4) of the East Half (EZ) of Section 34,
Townhip 2 North, Range 66 West of the 6th P. M.
A public hearing will be held in the Office of the Board of County
Commissioners in the Weld County Court House, Greeley, Colorado,
on Wednesday, September 1, 1965, at 2:00 o'clock P. M., Dated this
28th day of July, 1965. The Board of County Commissioners, Weld County,
Colorado, By Ann Semler, County Clerk and Recorder and Clerk to the
Board. Mr. Telep you may procede.
Change of Zone
2 McConohay
Mr. Telep: Gentlemen, County Commissioners, County Attorney Richardson, the
petitioner Mr. McConohay is here specifically to appeal from a
recommendation from the Weld County Planning Commission that his
land referred to by the Chairman of the Board of County Commissioners
be rezoned from agricultural to mobile homes. As you gentlemen know
there was a hearing before the Weld County Planning Commission on
July 12, 1965, at which hearing the Planning Commission decided to
recommend that this rezoning be denied. We are here to appeal that
recommendation.
Now gentlemen, in order that you be filled with your subject and I
ask your indulgence and your permission to read the petition as
same was submitted by Mr. McConohay. I think that this will explain
in detail exactly what he proposes to do, and perhaps even I hope that
you will disagree with the recommendation that the Planning Commission
made. Because in my opinion and it is just merely an opinion that
this petition was not even read by the Planning Commission. If I am
wrong I will appologize to each of them personally but I can't see
how it was read because if it was I am sure they would have arrived
at a different decision.
I will read beginning with the third paragraph and I quote of Mr.
McConohay's petition " the following are my reasons for requesting
a change in zoning and I am asking that a provisional change of
zoning be granted - mind you the word provisional - subject to
my presenting a plat of the lay -out contemplated and the conforming
to your satisfaction of all of the requirements necessary to conform
to the Weld County Regulations governing mobile homes and mobile home
parks, with special attention to the water and sanitation problems
Change of Zone
McConohay
and approval by the Weld County Health Department. Number one
this Lind is zoned agricultural, it is possible of course to
continue in this classification but I am desirous of developing
a mobile home park for rental spaces. Number two under the
present regulations mobile home parks may be established in
unzoned areas without presenting it to the Planning Commission.
I feel that changing the zone in this zoned area I am fullfilling
an obligation that everyone should take seriously in developing the
county as it should be. There is now Sim -Mar Mannar on the Adams
County line and a small park north on Highway 85. However, this
land is close to the metropolitan area (Fort Lupton and Brighton)
I feel there is a need for an additional mobile home park area
in this general location. Number three this tract of land is
not to valuable for farming land, the area around it has not developed
to any great extent so that I feel that a mobile home park, properly
laid out and supervised would be an assest to the area. Number four
this is dryland and is so assessed, so that the zoning and redeveloping
of this area is not taking valuable farm land and coverting it to a lower
tax base, but should improve the tax base. This is a one-half section
one half of a half (320 acres) so that I believe this will be large
enough that the surrounding lands would not require the same "MH"
zoning. Number five to my knowledge there are no other lands already
zoned "MH" that are available to me therefore I believe this world be
good zoning. Number six the original zoning is not faulty it was zoned
for protection purposes at the time of zoning with the idea that as
conditions changed the zoning could be changed to meet the times. I
do feel that now is the time for this change. In the provisional rezoning
Change of Zone 4 MCConohay
I may also feel free to call for a starting date on constriction
the entire area would probably not be opened up all at one time
but would be opened up as the need progresses. Yours truly
M. J. McConohay".
Now gentlemen, we had this hearing and as a result of this hearing
and I will comment a little bit on that not too much because you
have read the minutes of it so forth a d so on, but let me read
to you the last paragraph of this resolution. There are four
whereas here "Now therefore be it resolved by the Weld County
Planning Commission that the petition of Mr. McConohay for a
change of zoning of MU mobile home in the Fort Lupton area be
and is hereby denied for the reason that Mr. McConahay failed to
show that the original zoning was faulty or that changing conditions
of the area now justify a new classification of land use. Dated
this 12th day of July 1965, signed Weld County Planning Commission.
by George Mosier, Chariman."
Now if I were a County Commissioner I would resent that resolution
because only the County Commissioners can change a zoning. They
can recommend but they can not change they absolutely came in here
and said denied. This is an appointed body and it is appointed for
the specific purpose to sift information, to look at the physical
property, if they did look at this I do not know, and I can only say
that they can come up here with a recommendation and recommend to you.
So whatever you gentlemen do in the future I wish they would change
their resolution so that it would read that they are recommending
and not ursurping your power and authority of consituted elected officals.
Change of Zone
PncConohay
Now lets go back to some of the reasons why we think this body
should grant this petition. As was mentioned in the petition
and all he is asking her for is a conditional set-up so that he
can comply because Weld County right today has regulations he
has to conform with the water, he has to conform with the sewage
he has to comform with everything. If he is granted a provisional
a grant - or provisional rezoning and if you give him the accepted
period that is prevelant in the area even as Greeley uses it like
two years - say look you have this much time to do this, this
and come forth with your plat, come forth with whatever you have
you are going to have to conform absolutely with the regulations.
They are in here (zoning book) this is the bible so we are not
trying to pull the wool over anyone. Alright, now in this particular
area, there would be no devaluation of the land. At the hearing
notices were served on the people in the area - within 500 feet -
and all those people who lived within this particular area signed
the petition saying this would be fine, this would benefit my land
too. One person who didn't sign it said he was not against it but
he wouldn't sign it because he may want to do something like that too.
So you see he has complied with the law in every respect and at this
hearing that we had, there wasn't a valid objector there. There
were two objections both were from the school board because they
said that it is known fact this is by their zsxlElyxtkex own admission
I don't agree with them, but perhaps it is so there are more children
in trailers and trailer parks than there are in resident homes and
that they can't take care of them in the schools, they don't pay
the comporable taxes that people who own homes pay, therefore it
should be denined. I say again to this Board they had absolutely
no basis for being there and I told them at the time , I felt
Change of Zone
6 McConohay
sorry for them and I agree that they have a problem but that is
for the legislature and no one else. Now then going back to this
land - a man has the right and I will agrue with anybody that a
man has a right to use his land however he deems fit as long as
he does not adversely effect his neighbor. As long as he does not
devaluate the land around him and there is no evidence anywhere
that this would be so. No objections whatsoever he has proved
in my opinion a prima fica case for rezoning. He didn't asked
for it to be zoned right now he said I want a provisional rezoning
because I want to comply with it and hey it is you have your tiger
right here in this book.
As I mentioned it can be absolutely controlled, if he doesn't
have the water, the sanitation, the sewage - that sort of thing
he is out of business its that simple and the rezoning reverts back
to agriculture - so whos harmed there. For instance a suggestion
came up "no plat" you have no plat you have nothing. How could you
justify - you force someone to come in with a plat to do this or
to do that. when he doesn't even know if he is going to get it
rezoned. There is nothing in the law that says he has to come in
with a plat at a premature time like this. This land has a high
slope, as I understand it , I have seen it I know its there, it is
sandy, there is no flood problem there. I think it is subject to
leaching very easily and John Haley can testify to that a little
later because he is an engineer and knows the area. He has been
there and has worked in the area so he is sufficiently knows his
subject and can testify better than I can. It is dryland as I mentioned
there is no production. We all know and from my personal observation
as you do Mr. Shultz and Mr. Dunbar that homes are constantly being
O[IO"idy
built on that highway between Fort Lupton and Hudson and this
is just about one-half mile north of that highway. So there is
county road right into this area and if a questions of putting in
a county road, this is out of the question completely the county
will not spend any more money than it has. So there is no question
about getting youngster to and from school. If any roads are built
they will be built within this particular subdivision or area and
will have to be paid for and built by the subdivider - there is
no question about that.
Now they mentioned in this resolution that we did not prove that
the original zoning was faulty. In the petition we said we know
its not zoned faulty - we all know - I have been in on this since
the first instance spot zoning is not good but that is what we
have but we zoned it agriculture so we could keep obnoxious industries
and things of that nature out so that the County Commissioners would
have the express control and you have run into instances of that
right here on the outskirts of Greeley and elsewhere. But this is
a desirable thing maybe not to everybody but it is to this particular
person because he wants to utilize his land to a better use than it
is - it is giving him no income. He is not going to devaluate anyone's
land. He wants to use his land as he sees fit. Now whether he makes
money or goes broke that is his own business, we don't care, but what
we want to do is to conform to the law. You the Commissioners of Weld
County have the right to zone or rezone this as you see fit and based
on the facts that are presented to you.
I would at this time like to ask Mr. Haley to comment on this as to'
the sanitation aspects of this particular area and any othe
Change of Zone
8 McConohay
point he wished to cover.
John Haley: As you may or may not know, my office has worked with Mr. McConohay
in the development of the area. The parcel of ground in question
is to be adjacent to Aristocrate Ranchettes. The question of water
and sewer - I have been asked to testify on those. In regard to
sewer I think first you must divorce the two. If they have a good
portable water supply that is whatever source then the only question
of sewage is that they have either a sewage treatment facility or
public sewer or that they have and enviorment that will accomodate
septic tanks and leaching fields.
With regard to sewer there is no question that they can build
in
and have sufficient leach fields to provide sewage disposal accordance
with the state and county health regulations. It is a sandy material
blow sand primarily and it will leach quite rapidly if the septic tanks
are properly designed and there is no reason for them ever having
any difficulty with sewage disposal.
With regard to water - water is another story and it so happens
there are some 34 residents of Aristocrate Ranchettes - I have their
signatures in our office on a petition - (shows Commissioners drawing)
these people who own these parcels have formed a steering committee
they have agreed that they are going to develop their own water supply
system. A good portable water supply system. They have come to our
office and have retained us to start work on this operation. Now we have
undertaken certain studies and our in the process now of developing
cost estimates. After they have their cost estimates and have reviewed
it among themselves it will .be up to them to petition the courts for
Change of Zone 9
McConohay
the creation of a water district. It is not yet an established
fact that they will have a water district, but they are in the
process , 34 landowners who are signatures to this action indicated
their willingness to go ahead and form a district and create a
portable water supply. If this portable water supply district
is formed I have asked Mr. McConohay and I presume he is ready
to testify to the Commissioners if he is ready to put his land
in this district and to make it a part of the water district.
He has assured me he has and if this is the case then we have
our water situation covered because any district that would
develop a water system would develop first a supply which in
this case it would probably be a deep well, second a distribution
center which conforms in every way with the State Health Department
regulations and this is the plan for water. So in just short
terms it appears to me that i the water district is formed
there is no health and sanitation problem with regard to water
and sewage. That is really all I am prepared to comment on
unless anyone has questions.
Mr. Shultz; Any questions?
Mr. Dunbar: How available is the water ?
Mr. Haley:. You mean the deep well - we have established - first of all
there is a well in close proximity to this Mr. Dunbar, that
is in the 700 foot depth range and it has a good production record
It is not a domestic supply well it is a farm well. We do not
have any permanent record by that I mean we don't know for sure
what it is but the man tells us that we can get 1400 gallons per
minute. This is what we would go after as a portable source of
water, but it would tend to be hard water but not any harder
Change of Zone
10 McConohay
than Fort Lupton has or any other area in that particular
. The geologists have classified this whole
out' there as capable of producing domestic water the same
as the Fort Lupton and Hudson and other places, they have
the same strata
Mr. Dunbar: How would this new Colorado Revised Statute effect the addition
of new wells?
Mr. Haley: Well I am not an attorney and I do not know if anyone actually
has a ruling from the State to know what position they are taking.
Mr. Telep: I can comment on that,
Mr. Haley: May I make one point first it is my opinion and my advice to this
district that in as much as they are talking domestic water and
in as much as any rules and regulations pertaining to development
of new wells has to be geared to its use - in other words if a
man has an irrigation well - they may proclude him from developing
a new irrigation well but I can't believe they will proclude from
developing a well for domestic purposes only. That would be my
opinion as an engineer.
Mr. Dunbar; Would this be classified as domestic or commercial well?
Mr. Haley: Domestic, strictly for human consumption.
Mr. Telep: That was the comment I was about to make and I am sure the County
Attorney will agree with me, the waters in the State of Colorado
must be put to a beneficial use and the first power is domestic.
Mr. Dunbar: It would be classfied as domestic not commercial.
Change of Zone
11 _ McConohay
Mr. Telep: Well it doesn't make any difference its for human consuption and
it would have a priority as Mr. Haley mentioned. If you had an
irrigation well for production of income that means you are
interested in money as opposed to sustain life. They get priority
even if they have to shut the irrigation well off, Whether you
agree with it or not.
Mr. Haley: I don't know if we have any specific ruling from the state office
to base this on, but it is certainly in conjunction with the way
surface water is handled.
Mr. Telep: Would you care to comment on this Tom?
Mr. Richardson: What you said Sam, in a general way is true I don't think there
has been any ruling from the State Engineers Department but I can't
see where they will regulate domestic wells because domestics
have priority over everything.
Mr. Palmquist: Approximately two weeks ago I wrote the State Engineer on this
particular question on human use and as yet have not received an
answer, but it has been my personal understanding that the residential
or human consumption will be taken care of first.
Mr. Shultz: Any more comments John?
Mr. Haley:
No I think there is one comment that probably doen't need to be said but
for the record according to the regulations of the county at the prevent
time, the County Health Department or the sanitarian can issue permits
to control the constuction of individual or public septic or sewage
treatment facilities. I don't know that the County actually has a
Change of Zone
12 McConohay
permit procedure whereby a man who is building an i,dividual residence
or in this case a mobile home park would come in and get a permit
I don't think we have our system that sophiscated yet, but the
regulations are there and certainly in the case ouch as this if
there is any question about it the sanitarian is empowered, as I
read you rules, to enforce a proper design and proper construction
of a sewage treatment facility, septic tank or whatever it may
be. Would you read it that way Tom? Even they don't have the
permit procedure the law is still there to enforce it.
Mr. Shultz: Well the Health Department would see that it was done that way.
Mr. Haley: They are not envolving themselves in all the septic tanks in
Weld County, but if there is a question of adequacy or health
then they involve themselves.
Mr. Shultz: Thank you John - Mr McConohay we would like to hear from you.
Mr. McConohay: Well Sir, Mr. Chairman, I think things have been pretty well stated
I will say this that I did call the State House, someone in the
engineers office and they said as near as I remember what they
told me. That as far as wells now what I am getting at they are
digging some wells out in Aristocrate - that they were not interested
that that did not come under their jurisdiction. I think these two
gentlemen have pretty well stated everything I plan on putting up
a nice mobile home and it is 25 or 30 miles from where there is a
nice one. There are a lot of people who can not afford to live in
a house. They can affor a 7 or 8 thousand trailer but they can't
Change of Zone
13 McConohay
take care of their children and buy 15 or 18 thousand dollar
home. I think it is true they perhaps don't pay quite as
much taxes but the trailer depreciates a little faster than
a house but it is something they want, something they think they
are entitled to. The land is not doing much good to anybody
out there - Weld County - John McConohay or anybody so I think
it would be a pretty nice enterprise for the county.
Mr. Shultz: May I ask Mr. McConohay if you get this change of zone and
get in operation out there what is you intention to lease the
land to the people or sell it to them?
Mr. McConohay: I talked to my banker and he said (as you know you need financing
on this) that financing was better on a lease, so it would probably
be a lease. I have talked to different ones it seems to be better
to lease because it is easier to control and keep things the way
you want them.
Mr. Shultz: Mr. Palmquist do you care to say anything at this time.
Mr. Palmquist: As it has been stated this is dryland at the moment there are no
buildings of any consequence near here. Public Service has a
sub -station to the west and there are some high tensions wires
lines on the north edge of it. Right north is Aristocrats Ranchettes
on the south edge people are using trailers at the present time in
this subdivision instead of buildings. I would like to ask Sam
a question - I think Mr. McConohay answered it - Sam mentioned
in there one place about subdividing. This would be sold lots that
he would subdivide. We had this clarified recently whether he sells
Change of Zone
14 McConohay
such as Hill N Park out here or whether he rents lots such
Sel Mar both come under MH or mobile home and they stay as
mobile homes if we designate it as that. Now in our mobile
home regulations they are pretty specific as what we do and
now we are requiring $5.00 fee per year to cover some inspections
to see that they are kept up to standards. In this we do call on
the Health Department to take care of that angle of it. Now
on subdividing he would have to present that as a subdivision
if he sold it. I want to make it clear to Mr. McConohay and Sam
that the minimum lot size in this case if he has sewer and water
would be 6500 feet, if you have neither or just one it is 13000
square feet and in the mobile home we have two mimimums one of
1250 square feet and one of 2100 square feet. Most people go
higher than that hitting around - I think Selmar has 3 or 4 thousand
square feet per pad. But if there are any specific questions I would
be glad to answer them. Sam mentioned there are two trailer courts
Set Mar which was okayed sometime back is not in full production.
He is gradually building these pads himself. Then there is a very
small one north on Highway 85 and I don't know of any others at the
moment. If there are any specifics I will try to answer them.
Mr. Shultz: Ed do you have any question?
Mr. Dunbar: Yes, how many acres do you propose to rezone? Is that the full
quarter?
Mr. Telep Yes its a rectangular - 320
Mr. McConohay: Full quarter - quarter mile wide - 160 acres
Mr. Palmquist: If I may say so there is a county road on the south side,
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lb McConohay
that goes straight through. On the north side it goes just
about to the edge of this property. The south side is one-half
mile north of State Highway.
Mr. Shultz: What kind of a county road is this Mr. McConohay? Is it a pretty
fair road.
Mr. McConohay: The county road on the south of it Mr. Chairman is a very good
road of course there is a county road on the nority it is a good
passable road because its been taken care of, its been a county
road for years, but you haven't worked it you know. But there
is a good road on the north and a good road on the south.
Mr. Shultz: Is there any further discussion?
Mr. Telep: The only thing I would add Mr. Chairman is that as I mentioned
before Mr. McConohay wants to be fair not only with the county
the Commissioners and the people to whom he will rent these
spaces. If this provisional rezoning is granted immediately
he will employ the firm of Nelson, Haley, Patterson and Quirk
to come up with a plat and of course at time they are presented
they will have to be subject to the approval of the Planning
Commission in addition there will have to be means taken to see
that the sewage problem or I should say there is no sewage problem.
They will have to figure out leaching fields, they will have to
comply in every respect and if this is not done within this period
so what happens it is just rezoned back to its original state.
Thank you Mr. Chairman for listening.
Mr. Palmquist: Mr. Chairman, I would like to speak to Sam here just a minute
Change of Zone
16 McConohay
This is 160 acres of course he is not going to develop this
now. Is it your intent that he ask for provisional on "X"
number of acres buy such date, "X" number by another date
or for the completion of the 160 acres or a part thereof
within an "X" number of days.
Mr. Telep: I feel that Mr. McConohay is asking for a provisional here
on if you would grant say one-half he would take that. Of course
he is asking for the full 60 acres but if he would take a half
and he does a good job with that so that there would be
if
something written in the resolution (this is the decision of
the Commissioners) that he would be granted the other 80 acres.
I hope this will make our position clear.
Mr. Haley: May I comment on that I think Roland this is partly to do with
the engineering of it to a slight degree. What he is asking for
if I understand it correctly is a provisional on the entire
160 with the stipulation the word provisional applies to this
that if he will diligently and properly develop the land in
accordance with your mobile home regulations and then as he has
developed and as meet approval whether it be 40 acres 100 acres
or 160 acres as the thing developes that this provisional will
have paved the way for a permanent zoning with the submission of
the plat.
Mr. Palmquist: There is one more thing, the question always comes up drainage
I have been out there and I personally don't see any problem,
it slopes quite rapidly to the west. It is as you said sandy
Change of Zone
17 McConohay
of course your problem in designing streets would be to take
care of this too, but it is not a low country - it is a high
country I want to make this statement so everybody knows. I
don't see any particular problem in drainage. There aren't any
gulley washed and so forth out there that I know of.
Mr. McConohay: May I add Mr. Chairman, there are actually 152 acres now the
Public Service has 72 to 8 acres on the north. I don't know
if that make any difference it is actually 152 acres. I would
like to start with the south 40 with assurance that I would
have no static as I go along.
Mr. Dunbar: Based on 24 mobile homes per acres that would be in the
neighborhood of 3648 trailers for 160 acres.
Mr. McConoahy: That is what I want the largest trailer park in Colorado.
Mr. Haley: However I would like to argue a little Ed, there in numbers
because we will be on a septic system, it will not be of that
density, you will not have 24 trailers per acre, I am sure of
that. You are going to have to provide sufficient area, it
depends upon the number of people per acre the leach fields
I am not sure of that density because I am not sure of what it
is because I do not know. But I am sure that density is not
correct. That is only the maximum and only if you are on a public
system.
Mr. Palmquist: In developing thses things Ed they large enough to satisfy the
health department. Now one type soil can be smaller another type
soil has to be larger, now we do this in our subdivisions too.
We have a minimum now of 1300 isn't enough if it is clay soil
Change of Zone
18 _ McConohay
and not will not percolate readily we may ask for 4 per lot.
This is just a matter of sanitation.
Mr. Shultz: If there is nothing further the Commissioners at this time
thank you for your presentation. The Commissioners will take
this evidence you have presented under advisement and hope
to come to a decision in a very near future. Hearing adjourned
RESOLUTION
WHEREAS, a public hearing was held in the Hearing Room of
the District Court on the fourth floor of the Weld County Court
House on July 12, 1965 at 3:30 P.M. pursuant to the legal notice
published concerning the rezoning request of Mr. McConohay for
160 acres located two miles east of Fort Lupton from A - Agriculture
Zone to MH - Mobile Home Zone, and,
WHEREAS, Mr. McConohay was present and represented by Sam
Telep, his attorney, appearing in favor of the change of zone, and,
WHEREAS, Mr. Butler was present representing the School Board
of Fort Lupton against the proposed change of zone, and,
WHEREAS, the petitioner, Mr. McConohay, in his testimony failed
to show the original zoning was faulty or that changing conditions
of the area now justify a new classification, and,
WHEREAS, the petitioner, Mr. McConohay, failed to show that
to change the zone would put the land to the highest and best use,
NOW, THEREFORE, BE IT RESOLVED by the Weld County Planning
Commission that the petition of Mr. McConohay for change of zone
to MH - Mobile Home Zone in the Fort Lupton area be and is hereby
denied for the reason that Mr. McConohay failed to show the original
zoning was faulty or that changing conditions of the area now justify
a new classification of land use.
Dated this /2 day of July, 1965.
WELD COUNTY PLANNING COMMISSION
BY:
Attest:
/ 1
secretary
rman
Kilt dianigS twit
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RECE"" ik
JUL 1 7965
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4
BEFOR' 'HE WELD COUNTY, COLORADO PLANN'COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD (tiF COUNTY COMMISSIONERS
APPLICATION OF N. J. McCONOHAI
Address Wheatridge, Colorado
Moved by John Watsonthat the following resolution be introduced for pas-
sage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the application for
rezoning from “An ( Agricultural District) to ..MN.... ( :M.obi.le...Home...
District) of N. J. McConohayof .For.t.Lupton Zoning District
covering the following described property in Weld County, Colorado, to -wit:
West Half (W 1/2) of the East Half (E 1/2) of Section 34, Township 2 North,
Range 66 West of the 6th P. M.
be recommended (klMi MX0# (unfavorably) to the Board of County Commissioners for
the following reasons:
As per attached Resolution
Motion seconded by
Vote:
Leonard..Bar.tel.s.......
For Passage:_ A....A......Tinn Against Passage: .. _None....
....John .Wa.tson.
_.Leonard...Bar.tels-.......... .....
George _Mosier ..............
The Chairman declared the motion passed and ordered that a certified copy of this Resolu-
tion be forwarded with the file of this case to the Board of County Commissioners for fur -
he proceedings.
PC - R-001
CERTIFICATION OF COPY
I, .Florence. Cutler
, Recording Secretary of Weld County Plan-
ning Commission, do hereby certify that the above and foregoing Resolution is
a true copy of Resolution of Planning Commission of :field County, Colorado, adop-
ted on ...July ..12.,..196.5.._ . , and recorded in Bcok No. .. VII .... , Page No.
. 41......., of the proceedings of said Planning Commission.
Dated this ..22nd day of .July... .. .. , 19.65 .
Rec rding Secretary, Weld County Planning Commission
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