HomeMy WebLinkAbout650018.tiffRESOLUTION
WHEREAS, a public hearing was held in the Hearing Room of
the County Commissioners on the second floor of the Weld County
Courthouse on October 6, 1965 at 2:00 P.M., pursuant to legal
notice, concerning the rezoning request of Thurman Hays in the
LaSalle area for a Trailer or Mobile Home zone, and,
WHEREAS, Mr. Hays was not present nor represented by an
attorney, and,
WHEREAS, there were eleven persons present, all of whom
were against the proposed change, and,
WHEREAS, there was no one present favoring the change, aid,
WHEREAS, Mr. Robert Ruyle, attorney, appeared in behalf of
the Town of LaSalle against the proposed change of zone, and,
WHEREAS, the Weld County Commissioners heard all the
testimony and statements from those present, and,
WHEREAS, The Weld County Commissioners noted that this area
selected for Mobile Homes was located in the flood area of the South
Platte River; that the one and one-half inch water tap presently
granted the area by the Town of LaSalle was not adequate and the
Town of LaSalle will not furnish additional water taps; that the
area would be served by a volunteer fire department and that the
proper fire protection can not be given the area because of
inadequate water lines to the area; and that the sanitation
facilities of the area are questionable due to the location in the
flood area and the high water table, and,
WHEREAS, the petitioner, Mr. Hays, 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 Board of
County Commissioners that the petition of Mr. Thurman Hays for change of
zone to MH - Mobile Home Zone in the LaSalle area be and is hereby
-1-
650018
denied for the reasons that the area is located in the flood area
of the South Platte River; inadequate water supply to the area;
inadequate fire protection; inadequate sanitation facilities for
the area; and petitioner failed to establish that the original
zoning was faulty or that changing condition of the area now
justifies a new classification of land use.
Mated this
Attest:.
6th
Approved:
day of October, 1965.
THE BOARD OF WELD COUNTY COMMISSIONERS
,!-424,g,"
-2 -
C-HANGE OF ZONE
HEARING: THURMAN HAYS
OCTOBER 6, 1965
Mr. Shultz: The hearing this afternoon is on an application of Mr. Thurman Hays
for a Change of Zone in the La Salle Latham zoning district from
from "A" Agricultural to "MH" Mobile Home. At this time Mr.
Richardson will read the notice.
(Notice read - refer to file (LHR) for notice)
Mr. Hays is not present at the time is there anyone here
representing him. If not we will hear from the people in
opposition to this application
Bob Ruyle: I represent the Board of Trustees of the Town of la Salle
and have appeared at the zoning committee hearings and
we have taken _an official stand as the Board to oppose the Change
of Zone in this location. The -Board of Trustees has taken this
stand for 2 or 3 pricipal reasons, first of all the Change of
Zoning will indirectly effect the ability of the Board of
Trustees to maintain a budget which is consistent with the tax
levy and that the people in the town of La Salle are abae to pay
-this is sort of a chain of events situation which I wothld like
to explain to you. It is anticiepated that the Change of Zoning
Will be for the improvement of the land for a trailer park, as
we understand it which is immediately north and a little bit
Change of Zone
2 Thurman Hays
off Highway 85 west of the -Town of La Salle. The area As it
is developed will place school children from the trailer area
in the RE-] School District. The RE -1 School District is
an -area which also includes the incorporate limits of the
Town of La Salle. We are in direct competition with the
tax money the poeple of La Salle for the Town Board of La Salle
with the school district. We are all trying to get money out
/same
of the pot for schools districts and for the improvements that
are needed to operate the Town of_La Salle and it is our thought
-that if the increased numbers of trailers and children over -load
the schools to the point where they have to raise thexftxstxizt
additional funds from the people within the La Salle to cover
the stool district needs, this will directly effect the ability
of the Town Board of La _Salle to keep their mill levy at a point
where the people in town can afford to pay because they will have
to have an additonal school levy. This is also true of the
La Salle Fire Protection District, which will be facing the same
burden and I am sure Mr. Karges is here for and on behalf of the
taxpayers of the school district asserting the same responsible
position. We have taken the position that trailers are not
taxed as you already know to the same priority and extent that
real property are although they place as many per cap.;tta people
economic
in the school district. There is no really no benefit to the
Town of La Salle from trade or substantial services because these
peopel will generally be working in Greeley and trading in Greeley
But we would be responsible for the tax burdens and would receive
few if any benefits derived from the change in zoning for the use
of trailers. One of the other reasons is some time ago, approximately
Change of Zone ? Thurman Hays
a year ago the area was requested to be zoned by the people in the
community and surrounding area pricipally for the purpose of keeping
junk yards and -trailer courts out of the area. This was the design
purpose for the zoning and -they still maintain that is good procedure
for -this particular area.
The trailer area is in the flood plain as was evidenced by the
last flood and the flood of 1957 or 1958 as I recall the water
didn't quite get up to this area during the last flood but it
did the time before when the river was up. This is one of the
reasons that the land is not ideally -situated for trailer development.
I think most of these people here today in fact all of them have
been at -the hearings before and have all opposed it on the same
principle that I have explained here. Bob-Hergert and Mr. McMann
are from the Board of -Trustee of the Town of La SAlle and express
the same position, I think, that I have stated here. Mr. Hergert
also represents the Le Salle Fire Protection District, they are
involved in the same thing we have just gone over.
Mx. Shultz: Thank you Bob, does anyone else care to make a statement.in
regard to the application against the approval.
Clifford Hyde:
I think he explained it very well, I have lived in La Salle over
fifty years and have had my home there for twenty-two it is located
on the hill just above where this court is to be located. Myself
along with the neighbors am very much ppposed to having this set
up there. Having to look over and see this trailer court and
therefore I want to be on record as strictly against it.
Change of Zone 4 Thurman -Hays
Blair Karges: I live one-half mile east of La Salle I have spoken in previous
meetings against this mobile home change of zone for the various
reason Mr.-Ruyle has spoken to you about. I too want to go on
record as being opposed to the change of zone. There were many
who worked real hard a year ago on getting our area zoned end
for this very reason we would like to see the zoning request
denied.
Bob Hergert: I am fire chief at La Salle, I think the main reason on behalf
of the fireman, of course all the men on the department are
on a volunteer basis, _receiving no compensation for their efforts
they put forth. We feel simply the people who live in trailer
home just wouldn't share their equal amount of taxes. We just
don't feel it would be quite fair to have them located within
our fire district to the other people in the district.
Robert Sandau:
I am president of the Fire District Board and I can't see
where a development of this type would help our community tax
wise or any other way.
Mr. Shultz: Are there any other questions, -Ed do you have anything you
would like to ask?
Mr. Dunbar: No, other than the biggest objection that you have stems from
the standpoint a
alorem taxes.
Bob Ruyle: This is true the principle agrument that all of us made at the
coning board hearing was that we must all recognize that trailers
are growing in popularity and they do need some place to go but
I think the rational is that until we get some equalization
Change of Zone
5 Thurman Hays
Mr. Shultz:
Mr. Anderson:
Mr. Huyle:
Mr. Shultz:
Mr. Mosier:
Shultz:
as far as the tax situation is concerned through the legislature
that it behoves all of us to take the stand that we are not going
to let trailers expand until they are equalized in the tax
structure sense and that when people f ind that they have to pay
the same amount of taxes for trailers as someone who has the
money to invest in an 8 or 10 thousand dollar house has to pay
then you will find the stability of the community coming back
and people will be investing in the smaller homes and that the
fad to trailers in our opinion will be terminated and will be
equalized again where we can get the tax revenues on -a fair and
proportionate share. Our opinion is and we want the cooperation
of the zoning board and ask your cooperation in helping curtail
the expansion of the trailers situation until the legisl-ature
has an opportunity to equalize the ad valorem tax base.
Any further comment, Marsh would you care to comment?
I would like to have the opposition sign the minutes
Aren't you taking minutes on tape of this hearing, just have
everyone stand up and speak their name.
If you will just stand and give your name.
Ed Webber City of La Salle
Mrs. Floyd 0. Johnson
George H. Davis
Clifford C. Hyde
Mrs. Charles Sylvester
Mrs. Roger Reese, Sr.
Horrace McMann - Mayor of Le Salle
Blair Karges
Do you have -anything you would like to add Mr. Mosier?
Change of Zone
6 Thurman Hays
Mr. Mosier: I have several things I would like to add to this. Glen Paul
wanted to be here because orginally he _okayed the sanitation
facilities for this court. But when we had the little light
flood that we had in June, he took it upon himself to drive
down there and saw the flooding condttbns that existed with
this flood we had in June and after that he would withdraw
his recommendation for the sanitation facilities for this
trailer court. It was in the act of flooding and when it would
flood it would eliminate the leach field and create an unsanitary
condition for the trailer court.
The -Planning Commission turned this down not as a tax proposition
more or less under the health - sanitation code the Planning
Commission operates under. The Planning Commission looks for the
health and welfare of the people in the community. With the flooding
condition that can exist there I believe that this gentlemen suggested
that he put in a dike along the upper side of the Latham Ditch and
those of us who have been in Denver since the floods since Jue have
witnessed that a dike even 15 foot high at that point there could
cause _considerable damage and probably loss of life with this trailer
park put in at that point. All of us have seen the water higher than
it was last spring at that point. While it is true that the proposed
ground for the court was not inundated the possibility of the
flooding in the future higher than the one we had this spring
commenserated with some we have had in the past would inundate all the
ground which this court proposes to be set on. Those are some et the
basic reason why the Planning Commission turned it down. Another
reason was that they did'nt get sufficient water from the City of
La Salle on an inch and a half water tap. The City of La Salle voiced
Change of Zone
7 Thurman days
their opinion in our hearing that they would not put in a four
main which it would take to f-acilitate fire fighting. With those
things in mind is the reason why the Weld County Planning Commission
turned down the request for a change of zone. We felt the ground
would be put to much better usage in farming - something that could
recover from the flooding conditi-ons rather than putting it in
where
a housing project fax the loss of life could be and impala a lot
of damage to property.
Mr. Dunbar: Them is one other question I would like to ask. +low deep is the
water level ther-e2
Mr. Mosier: That would depend upon flood conditions the water level would be
abova where the court was proposed.
Mr. Karges: I can answer that because I have land on the same level as that
you dig a post hole -and you have water at afoot. Thats in normal
times like right now.
Mr. Shultz: If there is nothing further to come up at this time on behalf of
the Board of Commissioners we thank all of you for participation
this afternoon. The Board will take the testimony under advisement
and hope to come a decision in a very near future.
Meeting adjourned.
f
the State '57 Ch1J,+18N;.
County Planning Commission fee.
mnmends and certifies to The
Board of County Commissioners
of Weld County, Colorado, the de.
trial of a request for a change, of
zone In the LaSalle -Latham Area
as requested. by Thurman Hays of
Johnstown, Colo. said area more
particularly described as follows:
Northeast Quarter (NE'/4) of
Section 31, Township 5 North
Range 65 West of the 6th
P. M„ described as follows:
Beginning at the East Quar-
ter (E%t) corner of Section 31,
Township 5 North, Runge 55
West of- the 6th P. M., Thence
North 55° 11' West 628 feet to
an iron pipe at the intersec-
tion of the Westerly ROW. of
State Highway and the Town
of LaSalle City Limits, Thence
North 38° 26' .East 202 feet to
the intersection of centerline
of the Old State concrete high-
way, Thence North 15° West
along said eenter line of Old
State Highway 1031 feet more
or less to the intersection of
the Northerly ROWof old
°
county road, thence North 7l°
R East' along said - Northerly
true
point o be feet t: the true
point of beginning:
Thence North 71° 42' East 440
feet along Northerly R.O.W. of
Old County Road, Thence North.
00° 27' East 665.78 feet, Thence
South 75° West 617.47 feet,
Thence SoUth 15° East 067$
feet to the true point of begin-
ning.
Apublic hearing will be held in
the office of The Board of County
Connnissigifers, :Weld County Court
House, Greeley, _Colorado on Wed-
nesday October 6, 1065 at 2:00
o'clock, P.M.
Dated this .1st day of -September,
1905.
PUblished in The Greeley. Boo° -
ter September 3rd and October 1,
N Ohl 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 oh
Weld County, Colorado, the denial of a request for a change of zone in the
LaSalle -Latham Area as requested by Thurman Hays o -f Johnstown, Colorado, said
area more particularly described as follows:
Northeast Quarter (NE4) of Section 31, Township 5 North, Range 65
West of the 6th P. M., described as follows:
Beginning at the East Quarter (S4) corner of Section 31, Township
5 North, Range 65 West of the 6th P. M., Thence North 88° 11' West 628 feet
to an iron pipe at the intersection of the Westerly R.O.W. of State Highway
and the Town of LaSalle City Limits, Thence North 33° 26' East 292 feet
to the intersection of centerline of the - Old State concrete highway, Thence
North 15° West along said tenter line of Old State Highway 1031 feet more
or less -to the intersection of the Northerly R.O.W. of old county road,
thence North 71° 42' East along said Northerly R.O.W. 44.0 feet to the
true point of beginning:
Thence North 71° 42' East 440 feet along Northerly R.O.W. of Old County
Road, Thence North 00° 27' East 665.78 feet, Thence South 75° West
617.47 feet, Thence South 15° East 667.5 feet to the true point of
beginning.
A public hearing will be held in the office of the Board of County Commissioners
Weld County Court House, Greeley, Colorado on October 6, 1965 at 2:00 P. M. o'clock.
Dated this 1st day of September, 1965.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: ANN SPQMER
County Clerk and Recorder
and Clerk to the Board
Published:
The Greeley Booster
September 3rd and October 1, 1965
Fort Lupton Press
September 27, 1965
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