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FINDINGS AND RESOLUTION
CONCERNING CHANGE OF ZONE
PETITION OF WHITE ACRES,
ARAPAHOE FARMS AND DEVELOPMENT COMPANY
The petition of White Acres, Arapahoe Farms and Development Company,
2920 Pearl Street, Boulder, Colorado, requesting a change of zone from "A"
Agricultural District to "M -H" Mobile Home District of a tract of land located
in the Northwest Quarter (NW' -I) of Section Three (3), Township Three (3) North,
Range Sixty-eight (68) West of the 6th Principal Meridian, Weld County, Colo-
rado, containing Ninty-four acres, more or less, for a proposed trailer court,
came on for hearing on Wednesday, May 14, 1969 at 2:00 P. M. o'clock, and
the Board of County Commissioners of the County of Weld having heard the testi-
mony and evidence adduced upon said hearing, and having considered the testi-
mony, evidence, and the recommendations of the Weld County Planning Com-
mission filed with said Board, and having carefully weighed the same, now makes
the following findings:
1. The evidence discloses that the applicant failed to sustain the burden
of proof as to the need for a change of zone or that the present zone is erroneous
or that circumstances warrant a change of zone at this time.
2. The evidence shows that the inhabitants of the immediate vicinity of
the area sought to be rezoned are unanimously opposed to the change of zone.
3. The evidence shows that there is no assurance of a continous and
adequate supply of potable water for said trailer court complex.
4. The evidence shows that there would be a large ditch lateral bisecting
said proposed trailer court which would be an attractive nuisance if such trailer
court were allowed, and additionally, would deprive vested owners of said ditch
to the continous use and enjoyment of the irrigation water.
5. The evidence shows that users of water running through said ditch
lateral have a proprietary interest in and to certain headgates both on and off
the property sought to be rezoned, and that they would be subjected to unreason-
able and undue hardship to properly divide their fair share of the water in said
ditch lateral.
6. The evidence shows that petitioner already has a tract containing
approximately Fifty-three (53) acres, more or less, that has already been zoned
"M -H", and plat filed as Fairway's Living Ranchettes, a mobile home subdivision.
7. The evidence shows that the same issues herein were decided against
applicant on February 19 , 1969, by Resolution of the Board of same date, and
the Board finds no change of circumstance warranting a different decision at
this time.
8. That each of the preceding findings in and of themselves and independ-
ent of each other constitutes a separate and individual ground for denial of the
change of zone.
RESOLUTION
WHEREAS the Board of County Commissioners of the County of Weld
has heard the application of White Acres, Arapahoe Farms and Development
Company, 2920 Pearl Street, Boulder, Colorado, for a change of zone from
"A" Agricultural District to "M -H" Mobile Home District, of a tract of land
for a proposed trailer court, said are being more particularly described as
follows:
690014
PLO?
A parcel of land designated as Lot A on plat, containing
94 acres m/1 and and located in the NWI of Section 3,
Township 3 North, Range 68 West of the 6th P. M. ; except
those parcels designated as Lot B and Lot C, and more
particularly described as follows:
Lot B: That part of the said NWI lying northerly of the
following described line: Beginning at a point on the east
line of said NWI, which point is 1557. 03 feet south of the
NE corner of the said NWI; thence northwesterly along
the northerly bank of the Mead lateral ditch as follows:
North 56°32'50" west, 222. 28 feet; thence north 74°28'30"
west, 341.39 feet; thence north 46°06'50" west, 142. 84
feet; thence north 31°23'20" west, 400. 23 feet; thence
north 67001110" west, 815. 17 feet; thence north 78°45'10"
west, 73.83 feet; thence south 73°50' west, 310. 59 feet;
thence leaving the bank of said ditch north 88°45'30" west,
700.25 feet to a point on the west line of said NW+; 53 acres
m/1
Lot C: Beginning at a point on the west line of said NWI,
1179.96 feet south of the NW corner of said NWI; thence
south along said west line 427 feet; thence south 89°50'
east, 1304 feet to a point in a lake; thence north 9°06'west,
473.8 feet; thence north 85°west, 200 feet along the base of
the lake dike; thence south 85°west, 362.05 feet to a point
west of the Highland Lateral; thence south 88°01' west
669.03 feet, m/1 to the true point of beginning; 13 acres
m/1
WHEREAS, said Board has made its findings on the evidence and testi-
mony submitted to it, which findings precede this Resolution and by reference
are incorporated herein and made a part hereof, and
WHEREAS, the said Board has carefully considered the petition, evi-
dence and testimony and the recommendation of the Weld County Planning
Commission, and given the same such weight as it in its discretion deems
proper, and is now fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED, that the petition of White
Acres, Arapahoe Farms and Development Company, 2920 Pearl Street, Boulder,
Colorado, requesting a change of zone from "A" Agricultural District to "M -H1'
Mobile Home District to locate a trailer court on the land indicated above be,
and it hereby is denied upon each of the grounds set forth in the Board's finding
therein.
Made and entered this 21st day of May, 1969.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Clerk of q B� /
lJf
of
APPROVED AS 1 `FORM: % K �//Z��LG�fi
? u:e ."
County torney
-2-
May 14, 1969
I hereby certify that pursuant to a notice dated April 3, 1969, duly
published April 4 and 25, 1969, a public hearing was had on the request for a
Change of Zone as requested by White Acres, Arapahoe Farm and Development Company,
at thetime and place specified in said notice. %? '
ATTEST:i/�/f1�ltJ/;:Aws�s, "7:111% - (c( 7111O1"✓f"/
COUNTY CLEAy( AND RECORDER CHAIRMAN
AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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NOTICE
Pursuant to the zoning laws of the State of Colorado, a public hearing
will be held in the Office of The Board of County Commissioners, Weld County,
Weld County Court House, 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.
DOCKET NO. 10
Date: May 14, 1969
Time: 2:00 P. M.
White Acres
Arapahoe Farms & Development Company
2920 Pearl Street
Boulder, Colorado
Request: Change of Zone from "A" Agricultural District to "MH" Mobile Home
District
A parcel of land designated as Lot A on plat, containing 94 acres
m/1 and located in the NW4 of Section 3, Township 3 North, Range
68 West of the 6th P. M.; except those parcels designated as Lot B
and Lot C, and more particularly described as follows:
Lot B: That part of the said NW4 lying northerly of the following
described line: Beginning at a point on the east line of said NW4-,
which point is 1557.03 feet south of the NE corner of the said
thence northwesterly along the northerly bank of the Mead lateral
ditch as follows: North 56° 32' 50" west, 222.28 feet; thence
north 74° 28' 30" west, 341.39 feet; thence north 46° 06' 50" west,
142.84 feet; thence North 31° 23' 20" west, 400.23 feet; thence
north 67° 01' 10" west, 815.17 feet; thence north 78° 45' 10" west,
73.83 feet; thence south 73° 50' west, 310.59 feet; thence leaving
the bank of said ditch north 88° 45' 30" west, 700.25 feet to a point
on the west line of said NW-, containing 53 acres m/l.
Lot Cs Beginning at a point on the west line of said NW*, 1179,96
feet south of the NW corner of said NW*; thence south along said
west line 427 feet; thence south 89° 50' east, 1304 feet to a point
in a lake; thence north 9° 06' west, 473.8 feet; thence north 85°
west, 200 feet along the base of the lake dike; thence south 85°
west, 362.05 feet to a point west of the Highland Lateral; thence
south 88° 01' west 669.03 feet, m/l to the true point of beginning,
containing 13 acres m/l.
DATED: April 3, 1969
Publish April 4 and
May 2, 1969
Greeley Booster
cc: arl.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPOMER
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
at the All *non
.aret maw".°mtertad in the
f0Ikrolag-=prpppsed diartge of earth
are requested to attend and may
be _heard.
•
DOCKET NO. 10
• White Acres
Arapahoe Fmu® & -
Development Company,
2820 Pearl "Street:
Boulder. Colorado
.DATE: May 14, 1988
T1ME:-2:00 P. M.
:Request: Change of Zone front
•'A•' Agricultural. District , to
"MR" Mobile Mane District
A pontel'of land designated as
Lot. A on plat, containing 94 acres
mil and located in the NW% of
Section 3, Township 3 North,
Range 68 West of the 6th P. K;
EXCEPT those parcels designated
as Lot B and Lot C, --and more
reptiordarly .as follows:
let B. That part of the said
> y% lying northerly of the
*lowing described line: ..He-
ing at a point on the east
e of said NW11, which point
i• 1557.03 feet south of the NE
"owner of the said NW'A;
Silence northwesterly along.
ire northerly bank of the
Mead lateral ditch as follows:
North 56' 32' 50" west, 222.28
feet; thence north 74° 28' 30""
west, 341.39 feet; thence north
46° 06' 50" west, 142.84 feet;
thence North 31° 23' 20" west.
400.23 feet; thence north 67°
01' 10" west, 815.17 feet;
thence north 78° 45' 10" west,
73.83 feet, thence south 73° 50'
west, 310.59 feet; thence leav-
ing. the hank of said ditch
north 88° 45' 30" west, 700.25
feet to a point on the west line
of said NWFS, containing 53
acres m/1.
Lot C: Beginning at a point
on the west line of said NW'4,
1179.96 feet south of the NW
caner of said NW'/.; thence
south along saidwest line. 427
feet; thence south 89' 50' east,
1304 feet to a point in a lake;
thence north 9° 06' west,
473.8 feet; thence north 85°
I
located in the
ocWeaet Quarter CNE3t)- cf
Ue0 Norifreaet- Quarter -(NE 4)
Section 34, Tpenerhip 1
North, Range 68 West of the
6th P. M.; Weld County, Col-
orado, more particularly ,de --
scribed as follows:
Beginning at the Northeast
corner of said Section 34,
thence. south .30feet to the
true point of beginning; thence
south 1200 feet; thence west
600feet; ...:thence north 1200
'feet; `'thence east 600 feet to -.
the true -point of beginning,
'containing 16.527 acres mill
Dated: April 3, 1969
THE BOARD OF
COUNTY COMMISSIONERS
WELD COUNTY, COLORADO,
By: ANN SPOMER
COUNTY CLERK AND
RECORDER AND
CLERK TO THE BOARD
Published in The Greeley Booster
April 4, 1969 and April 25, 1969
/6
BEFOE :HE WELD COUNTY, COLORAW PLAAN GUMM1SSiON
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. Z-116 Date 3/7/69
APPLICATION OF . __l hi.te..Acres
Address 2920...Pearl...St" ...Boulder
Moved by Henry Brunner that 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 "A" ( ieicu1ture District to MH ( Mobile Home
District) of of
covering the following described property in Weld County, Coloraao, to -wit:
See attached map
be recommended ( i( (unfavorably) to the Board of County Commissioners
for the following reasons:
See attached sheet
The original 53 acres zoned MH is filed as Fairway's Living Ranchettes
Dated 3/28/63, Book 1O Page 3, File 797, showing 23 lots
Motion seconded by Ronald Heitman
Vote:
For Passage:
Philip Bowles
Ronald Heitman
Henry Brunner
John Watson
Against Passage:
The Chairman declared the Resolution passed and cordered that a certified copy be forwarded
with the file of this case to the Board of County Commissioners for further proceedings.
PC -Z-005
CERTIFICATION OF COPY
I� Dorothy Hill
, Recording Secretary of Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of Resolution of Planning Commission of Weld County, Colorado, adopted on
March 6, 1969 , and recorded in Book No. 11 , Page No. , of the
proceedings of said Planning Commission.
Dated this 7th day of March , 19 69
k
Recording Secretar, Weld County Planning Commission
PC -Z-006
Rezone: from A
Name of
Applicant:
Arapahoe Farms & Development Company - White Acres
Location: NW 1/4 Sec. 3, T3N, R68W
to
Review of this application indicates the following comparison with typical reasons for rezoning:
MH
Justification for Rezoning
original zoning was faulty
changing conditions in the area
property has unique characteristics
will meet a county -wide need
will benefit adjoining tracts
will provide essential basic employment
rand cannot be used according to
its present classification
sther areas already zoned are unsuitable .
affect on_public facilities
tECOMMENDATION :_
_Approve
Disapprove
Table
This Application
No. In fact, existing mobile home zoning was meant to be
conditional and would have reverted to agricultural zoning
prior to this request.
The new Eastman Kodak plant will be about 20 miles away
and the power plant near Platteville would not justify this
size of development.
Property is unique because of trees, lakes and access to the
Interstate highway. These same characteristics would apply
to other types of residential developments.
Not at this time because of existing mobile home zoning for
both mobile home parks and subdivisions.
No. Because it might limit potential of surrounding
properties for residential development.AG5o D/LA/dAdC
Co✓GD GE A MA✓o/e p/1OQLg. accaunC O F
Skisr/4)6 otrcAt63 } pap, 0d nits' A/2 -A
No. It's basically for residential use.
This land could be used for agricultural purposes or sub-
divided for typical home construction or investment.
(Undeveloped mobile home zoning exists in the immediate area
Cout.D
Would establish
where adequate
(schools, parks,
•
a large number of residential units in an area
public facilities may not be available.
libraries, water, sewer, police, fire, etc.)
_R' 6c4wtvc._Gor/PI/Ss/✓t% %Cr oa% 4M/i..e /fh9--.--
nsubject to:
tx
because of: not enough justification for rezoning as outlined above and basically
the same request was disapproved earlier by the planning commission.
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/a rNtr s0/2cr.4 was ..ti A //3 cor Mf/ sruOOev/.r...v
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