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Home My WebLink About790030.tiff RESOLUTION RE: DENIAL OF CHANGE OF ZONE FROM A-AGRICULTURAL ZONE DISTRICT TO I-INDUSTRIAL ZONE DISTRICT FOR CLYDE G. MALARA, ET AL. 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 public hearing was held on the 11th day of July, 1979 at 2 :00 o'clock p.m. for the purpose of hearing the petition of Clyde G. Malara, et al. , 931 Weld County Road #27, Brighton, Colorado 80601 , requesting a change of zone from A-Agricultural Zone District to I-Industrial Zone District for the following described parcel of land, to-wit : A parcel of land located in the Northwest Quarter of the Southwest Quarter of Sec- tion 17, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows : Beginning at the West Quarter Corner of said Section 17 , and considering the West line of the Southwest Quarter of said Section 17 as bearing South 00°00 ' 00" West, with all other bearings contained herein relative thereto; Thence South 00°00 ' 00" West, along said West Line, 523. 52 feet; Thence North 89°42 ' 10" East, 469. 00 feet; Thence North 00°24 ' 15" West, 523 . 53 feet; Thence South 89°42 ' 04" West, 465. 31 feet to the Point of Beginning. Said described parcel of land contains 5. 614 acres, more or less , and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. WHEREAS, the petitioners were present, and WHEREAS, Section 8 . 2 and 8 . 3 of the Weld County Zoning Resolu- tion authorizes the Board of County Commissioners to grant a change of zone upon the showing of certain facts by the petitioner, and WHEREAS, the Board of County Commissioners heard the testi- mony and statements of those present and has studied the recom- mendations of the Weld County Planning Commission for denial of the proposed change of zone, and WHEREAS, the Board of County Commissioners hereby finds that the petitioners have not shown changing conditions in the 790030 area to justify the change of zone nor that the original zoning was faulty. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the petition of Clyde G. Malara, et al. for a change of zone from A-Agricultural Zone District to I-Industrial Zone District on the abovedescribed tract of land be, and hereby is, denied. BE IT FURTHER RESOLVED by the Board that the reasons for denial and findings of fact contained in the Weld County Planning Commission recommendations in this matter dated May 15 , 1979 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADOatt 169 /77"SO 9k-zeati" e._>-«x44. ✓4^E_ 7111- y11 �i ATTEST: � jeV.t/atilCGy✓ Weld County Clerk and Recorder Jerk to the B BY:' v eputy Count lerk AP OVED AS TO FORM: C my tt efS, y ` DATE PRESENTED: JULY 16 , 1979 A public hearing was conducted on July 11 , , 1979 at 2: 00 P. M. , with the following present: NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER LEONARD ROE COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD , JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY , R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE, TOM BONN The following business was transacted : I hereby certify that pursuant to a notice dated June 4 , 1979 , published June 7 , 1979 and June 28 , 1979 in the Platteville Herald, a public hearing was held on the request of Clyde G. Malara, et al, for a Change of Zone, from A (Agricultural District) to I ( Industrial District) . Samuel S . Telep was present representing the applicant. Mr. Telep reviewed the request. No one in attendance at the hearing was in opposition to said request. The Weld County Planning Commission recommended that this request be denied. After all testimony was received, Commissioner Kirby made a motion to grant said request. Chairman Carlson seconded the motion. Commissioners Dunbar, Roe and Steinmark voted nay. Commissioner Kirby and Chairman Carlson voted yea. The motion failed. Commissioner Steinmark made a motion to deny this Change of Zone . Commissioner Roe seconded the motion and it carried by the following vote. Commissioners Dunbar, Roe and Steinmark voted yea. Commissioner Kirby and Chairman Carlson voted nay. CHAIRMAN BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 7- AALAatevr✓ WELD COUNTY LERK AND RECORDER AND""CLERK TO THE BO BY : 1 k l J_ ty County -C DOCKET # 79-31 TAPE # 79-77 LHR# J 6 A I' 1 L N ll A N (; L RECORD APPLICANT : CLYDE G. MI \RA, ET AL TIME : TO P.M. D0CKETII 79-3 DATE : JULY 11, 1979 REQUEST : COZ - (A to I) NAME ADDRESS //>44,O // Coo. )41. et rep 2 3 / 6�/ 7 (24,./ (76-4-pi;:=3---- W/-r-Z1 iii/&*(-; r 1 _ 1 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, 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 - Clyde G. Malara, et al DOCKET NO. 79-31 931 Weld County Road #27 Brighton, CO 80601 DATE : July 11, 1979 TIME: 2 : 00 P.M. REQUEST : Change of Zone, from A (Agricultural District) to I (Industrial District) LEGAL DESCRIPTION: A parcel of land located in the Northwest Quarter (NA) of the Southwest Quarter (SWa) of Section 17, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the West Quarter Corner (WaCor) of said Section 17, and considering the West line of the Southwest Quarter of said Section 17 as bearing South 00°00 ' 00" West, with all other bearings contained herein relative thereto; Thence South 00°00 ' 00" West, along said West Line, 523 : 52 feet; Thence North 89°42 ' 10" East, 469 . 00 feet; Thence North 00°24 ' 15" West, 523 . 53 feet; Thence South 89°42 ' 04" West, 46S. 31 feet to the Point of Beginning. Said described parcel of land contains 5. 614 acres more or less, and is subject to any rights-of-way or other easements as recorded by instruments or record or as now existing on said described parcel of land. DATED: June 4 , 1979 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board BY: Keitha Hubbard, Deputy PUBLISH: June 7, 1979 and June 28, 1979, in the Platteville Herald 1 it ll it t` 1 II- E 21t. f.. . xi • I!; t A . tofljitrji P. s 71id 2 Is 'sits dis . 102 o C O 0 A .C T p y a°+ v ate. w .A- .-°. ° ° 4 k e ^ 2 c ( A 0 2, o a " w " F '° ro m v 3 v E ^; 0 3 0 o C x S-4, as o Q (o o o m !' Ts 'o ' m ° i� " e° c R �T b a " � a 4 "1 " bE5 vY c2 � � oy r a ". .4: 0 a C pq .C a 0 ° ` N G �. 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O O a a _ mv Q p] a .' - DATE: Jur. 1, 1979- TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 11th day of July, 1979, at 2:00 P.M. 79-31 - Clyde Malara, etal - COZ - A to I 79-32 - Harper Livestock Company, Special Use Permit - Sheep Feedlot 79-35 - Phillip Kennedy - COZ - A to C • OFFICE OF THE CLERK TO THE BOARD i; • my' e t ' �``E�:lt 214 416_eputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ( s ,l � _ 1C/4 ;, 4/I A) y/1.1y . from Lhe 0Ificn -,if _ Greeley, Colorado 'rut: IJUAIU) OF ('( 1'I'Y COMMISSIONERS. WELD COUNTY , CowiulU0 _June 4 , 1979 • Publisher : • Please insert the enclosed notice in your issue the week of (MC time only . Regarding payment , complete the enclosed voucher and forward it to us . When returning the voucher , please include an affidavit of publication so we may complete our files . Thank you for your cooperation . Sincerely , 'I'lll: I1OivITI) or couNTY COMMISSIONERS WELD COUNTY , Co ORANO Docket No. 79-31 BY : Mary Ann l'eucrCt• Oin ('.runty Clerk a n i Recorder and Clerk to the Board By : Keitha Hubbard Deputy County Clerk J U) (1.) ' - - - - B %2 ® e ® - to � La- ® \ \ ; g # § $§ / ) _: . % \( ; = G| 0 ,§ ' . a 2 �; ± I. m i �e ] )co / k \ y�) f % y ' N tei 7 - 4 ) �- Ui , \ \ � a) eD- ! a ; / * � �� . ^ 0 71) / cn \/ � / k } 2 ; \ j k � y i \» ; FE � c N -- + \\\§/§�( I- \ � cc 00 ` ) � Li c k lilt '12; ` f2 ! ® a o � ee : ! § { c; �� , : /!_ § , /oEciJ2 COcc ® t ; E ( w . . ! t5! w ' 2; ; /; §22 < k § S \ � \ \ Ii LIJ ) ! / [CI) CC CO/ §! § k \ g 0 � k ) } G � W L1.1 w CCI Lu / kEEE ; w � \ S I-c 0 • , , / ; , cd ,_e,*m RETURN . # Rme�m ,mmmmo\mao _= 1 OFFICE OF WELD COUNTY CLERK AND RECORDER t art ct 4,44P:3 DEPARTMENT OF CLERK TO BOARD PHONE (303) 356-4000 EXT. 223 C. PO. fiO8631 GREELEY,LE V, COLORADO 80631 COLORADO May 21, 1979 Clyde G. Malara, etal 931 Weld County Road #27 Brighton, Colorado 80601 TO WHOM IT MAY CONCERN: Your request for a CHANGE OF ZONE from A (Agricultural District) to I (Industrial District) has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is part of the Northwest Quarter of the Southwest Quarter of Section 17 , Township 1 North, Range 66 West of the 6th P. M. , County of Weld, State of Colorado. If you wish to be heard by the Board of County Commissioner, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedure will then be followed. This includes publishing a Notice of Hearing twice in the legal newspaper, which expenses must be paid by you before the hearing day. In order to proceed as quickly as possible, we must receive your reply by June 4 , 1979. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NORMAN CARLSON, CHAIRMAN I wish to have a hearing on this matter with the Board of County Commissioners. I agree to pay for the legal advertising as noted above. T BEFORE THE :LD COUNTY, COLORADO PLANNING C 1ISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSION S , ' Date May 15 . 1979 Case No. Z# 319 : 79 : 3 APPLICATION OF Clyde G. Malara, etal , ADDRESS 931 Weld County Road 27 , Brighton , Colorado 80601 Moved by Fred Otis 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 ( Agricultural Distrir' ; to I ( Industrial District) covering the followi , described property in Weld County, Colorado, to-wit: See attached be recommend (XXSR,IX) (unfavorably) to the Board of County Commissioners for the following reasons: 1. It is the opinion of the Planning Commission that the applicant has not demonstrated compliance with Section 8 . 3 of the Weld County Zoning Resolution which states : "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary. Recent findings and oral statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification . Without the presentation of such supporting documentation, the County Planning Commission should not recommend a change of zoning. " Motion seconded by: Irma White Vote: For Passage Irma White Against Passage Jim Gilbert 9 t yy C�10 (� Jerry Kiefer WEt �'vZ �j,i-. \ Frank Suckla C1 1° '' \ Fred Otis Abstained_ Percy Hiatt ‘410 Abstained Ben Nix - The Chairman declared the Resolution passed and ordered thatacertified copy be for- warded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shirley A . Phillips , 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 mnv 15 1979 and recorded in Book No. VI of the proceedings of the said ?Planning Commission. Dated the 15 day of May , 1979 . • Secretary a\D 4 ' iie LEGAL DESCRIPTION � I A parcel of land located in the Northwest Quarter (NWPa) of the Southwest Quarter (SWl ) of Section 17, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the West Quarter Corner (W1 Cor) of said Section 17, and considering the West line of the Southwest Quarter of said Section 17 as bearing South 00° 00' 00" blest, with all other bearings contained herein relative thereto; Thence South 00° 00' 00" West, along said West Line, 523. 52 feet; Thence North 89°42' 10" East, 469. 00 feet; Thence North 00° 24' 15" West, 523. 53 feet; Thence South 89°42'04" West, 465.31 feet to the Point of Beginning. Said described parcel of land contains 5. 614 acres. more or less , and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. "" Clyde G. Malara Z-319 : 79 : 3 PLANNING COMMISSION RECOMMENDATION May 15 , 1979 It is the opinion of the Planning Commission that the applicant has not adequately demonstrated in the submitted application materials or in oral statements made the scheduled Planning Commission meeting that either the original zoning was faulty or that changing conditions in the area now justify a new zoning classification. Further , it hs the opinion of the Planning Commission that the applicant has not adequately demonstrated that the property in question has unique characteristics which distinguishes it from surrounding lands . Additionally , Section 8 . 3 states : "Furthermore , once a change is made , the Planning Commission must recognize the precedent which is established, both in the immediate area and in other parts of the county, for like rezoning of other lands "similarly situated. " It is the opinion of the Planning Commission that the approval of this request would constitute "spot zoning . " The approval of this rezoning request would establish an undesirable precedent in the immediate area and other parts of the County "similarly situated. " 2 . It is the opinion of the Planning Commission that the request is not consistent with the basic goals and policies of the Weld County Comprehensive Plan with respect to industrial development . Within Chapter 1 , Introduction of the Plan , under Section A. , Nature of the Plan, it is stated on Page 2 that : "Further urban development and growth will inevitably occur throughout Weld County . This Comprehensive Plan outlines a course of action which assures urban growth in accordance with the concepts and desires of each existing municipality. At the same time , urban development will take place with a minimum of impact on the environment and with a maximum of economy in providing public utilities and services . The net result is a controlled expansion of our existing municipalities into well planned, coherent communities that blend into and complement the surrounding agricultural environment . " Clyde G. Malara, etal Z-319 : 79 : 3 PLANNING COMMISSION RECOMMENDATION May 15 , 1979 In setting forth the goal of assuring that urban growth is in accordance with the concepts and desires of each existing municipality on Pages 53 and 54 , the Plan states : "The Future Land Use Map ( in back pocket ) shows the general distribution throughout Weld County of areas proposed for eventual urban development . These areas are based on comprehensive plans prepared by individual municipalities in the county . A more detailed picture of proposed urbanization within the planning areas of each of the towns can be found in the comprehensive plan for the town in question . Planning for urban development at the county level must be closely coordinated with planning for each of these municipalities . At the same time , in order for these towns to guide their future growth successfully, they must make their goals and objectives known to the county and to each other . " More specifically, the Comprehensive Plan addresses Industrial development in Chapter Three , Resource Management Policies , Section B, Urban Development , states on Page 62 that : "Industrial development , like commercial development , is encouraged to locate in one of the existing municipalities where such a facility can be accommodated according to the local comprehensive plan. " Further, on Page 65 the following policy is found : "Industrial zoning within the comprehensive planning area of a town shall be subject to the industry ' s compliance with the local comprehensive plan . . . " The City of Fort Lupton Planning Commission has recommended denial of this rezoning request . The Fort Lupton Planning Commission expressed the following reasons in their letter dated March 30 , 1979 as to why they voted unanimously to deny approval of this request : "1 . We are very concerned about the land along old Highway 85 being Industrialized from Brighton to Fort Lupton , There are some very nice homes along this area and an Industrial business at this location would depreicate the value of the homes . Clyde G. Malara, etal Z-319 : 79 : 3 PLANNING COMMISSION RECOMMENDATION May 15 , 1979 2 . It is not good planning to allow "spot zoning" every few hundred feet which only results in uncompatbile land usage . 3 . Fort Lupton ' s General Plan designates this area as Agriculture and we urge you consider the long range effects this would have on our Plan, which in this case , we feel would be detrimental . " Comments : 1. Our office has received a letter from Lois Smee, on adjacent property owner, concerning this rezoning request . A copy of the letter is in the attached materials . Date : May 1 , 1979 CASE NUMBER: Z-319 : 79 : 3 NAME: Clyde G. Malara REQUEST: Change of Zone from "A" Agricultural Zone District to "I" Industrial Zone District LEGAL DESCRIPTION: Pt . NWt SWI, Section 17 , T1N, R66W LOCATION: Approximately 11 miles south of Fort Lupton , east side of old U.S . Highway 85 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE denied FOR THE FOLLOWING REASONS : 1. It is the opinion of the Department of Planning Services staff that the applicant has not demonstrated compliance with Section 8. 3 of the Weld County Zoning Resolution which states : "Request for rezoning of tracts within Weld County should be supported by detailed and substantial evidence that such rezoning is necessary . Recent findings and oral statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification. Without the presentation of such supporting documentation , the County Planning Commission should not recommend a change of zoning. " It is the opinion of the Department of Planning Services staff that the applicant has not adequately demonstrated in the submitted application materials or in oral statements made prior to the scheduled Planning Commission meeting that either the original zoning was faulty or that changing conditions in the area now justify a new zoning classification . Further , it is the opinion of the Department of Planning Services that the applicant has not adequately demonstrated that the property in question has unique characteristics which distinguishes it from surrounding lands . Additionally , Section 8. 3 states : "Furthermore once a change is made . the Planning Commission must recognize the precedent which is established both in the immediate area and in Clyde G. Malara Z-319 : 79 : 3 PLANNING STAFF RECOMMENDATION May 1, 1979 other parts of the county, for like rezoning of other lands "similarly situated. " It is the opinion of the Department of Planning Services staff that the approval of this request would constitute "spot zoning. " The approval of this rezoning request would establish an undesirable precedent in the immediate area and other parts of the County "similarly situated. " 2 . It is the opinion of the Department of Planning Services staff that the request is not consistent with the basic goals and policies of the Weld County Comprehensive Plan with respect to industrial development . Within Chapter 1, Introduction of the Plan under Section A. , Nature of the Plan, it is stated on Page 2 that : "Further urban development and growth will inevitably occur throughout Weld County . This Comprehensive Plan outlines a course of action which assures urban growth in accordance with the concepts and desires of each existing municipality . At the same time , urban development will take place with a minimum of impact on the environment and with a maximum of economy in providing public utilities and services. The net result is a controlled expansion of our existing municipalities into well planned, coherent communities that blend into and complement the surrounding agricultural environment . " In setting forth the goal of assuring that urban growth is in accordance with the conepts and desires of each existing municipality on Pages 53 and 54 , the Plan states : "The Future Land Use Map ( in back pocket) shows the general distribution throughout Weld County of areas proposed for eventual urban development . These areas are based on comprehensive plans prepared by individual municipalities in the county . A more detailed picture of proposed urbanization within the planning areas of each of the towns can be found in the comprehensive plan for the town in question . Planning for urban development at the county level must be closely coordinated with planning for each of these municipalities . At the same time , in order for these towns to guide their future growth successfully , they must make their goals and objectives known to the county and to each other . " Clyde G. Malara Z-319 : 79 : 3 PLANNING STAFF RECOMMENDATION May 1, 1979 More specifically, the Comprehensive Plan addresses Industrial development in Chapter Three, Resource Management Policies.', Section B, Urban Development , states on Page 62 that : "Industrial development , like commercial development , is encouraged to locate in one of the existing municipalities where such a facility can be accommodated according to the local comprehensive plan. " Further, on Page 65 the following policy if found: "Industrial zoning within the comprehensive planning area of a tn be-subject to the industry' s coMpliariceowsmell --with the local comprehensive plan ... " The City of Fort Lupton Planning Commission has recommended denial of this rezoning request . The Fort Lupton Planning Commission expressed the following reasons in their letter dated March 30 , 1979 as to why they voted unanimously to deny approval of this request : "1. We are very concerned about the land along old Highway 85 being Industrialized from Brighton to Fort Lupton. There are some very nice homes along this area and an Industrial business at this location would depreciate the value of the homes . 2 . It is not good planning to allow "spot zoning" every few hundred feet which only results in uncompatible land usage . 3 . Fort Lupton ' s General Plan designates this area as Agriculture and we urge you consider the long range effects this would have on our Plan , which in this case , we feel would be detrimental . " Comments : 1. Our office has received a letter from Lois Smee, on adjacent property owner, concerning this rezoning request . A copy of the letter is in the attached materials . AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ) ss. COUNTY OF WELD ) I, Eugene Thomas, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed,in whole or in part, and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterrupted- ly in said County of Weld for a period of more than fifty-two consecutive weeks PUBLIC NOTICE prior to the firs publication of the annexed NOTICE OF PUBLIC HEARING i legal notice or advertisement; that said The Weld County Planningl newspaper has been admitted to the Commission will conduct a public United States mails as second-class matter hearing on May 1,t at 1:30 al of to reviewe request for approval of under the provisions of the Act of March 3, a zone Districtnto:I" • 'A1879,or any amendments thereof,and that Industrial lyd Zone talonDistrict from said newspaper is a weekly newspaper Clyde delub,et al on ucel of I4,land described17,T as Pt. of the duly qualified for publishing legal notices Sth Ern., Section., e d7Coun R88Wortdo and advertisements within the of co aiin Weld County, Colorado meaning containing 5.614 acres more or less. the laws of the State of Colorado. This public headng lobe held by That the annexed legal notice or the Weld County PlanNn Com- advertisement was published in the the th aboveorefeltenced consideration regular and entire issue of every number of be conducted in the Weld County Commissioners' Hearing Room, said weekly newspaper for the period of First CenterVe115 County Centen- nial I consecutive insertions; and that the 'Greeley, Colorado.objections related ttom o theents above re�nest should be submitted m first publication of said notice was in the writing to the weld county issue of said newspaper dated ?Mk- s Department of Planning Services, ' 8Street Greeley, Colorado 80631, before the above date or A.D. 19 5 , and that the last publication Mayi. d878.atthepublichearingon of said notice was in the issue of said May 1, Copies of the application are available for public inspection newspaper dated h1� /S— A.D. 19 75 ratioin the Department of Planning Services In witness whereof I have hereunto set Centenni Room 310al Center,915 Weld County 16 10th Street, my hand this 141A day of Y/7° Greeley Colorado(36&4000 eaten-' elan 4045. Chuck County ou`i1 l lamio-"Chairman A.D. 19 7 5 Commission To be pubWhed in the: Johnstown' vlXt 4_ To beBreeze publishedu Publisher. MO ch8lb Din71-R (publication n dattee j ulning Subscribed and sworn to before me. a Notary Public in and for the County of Weld,State of Colorado, this /G(" day of MaA.Di9....`/.... �C fP �.tr.' C/ Notary Public. My commission expires..-/.4_/9. It I( , . : � +ter Nvw4 - ) 4 i� - 1 - 64 F ) c ( .. E Al ALArkA E�- A l I° .. F - i r Fort Lupton _ I (6 rI. ' r 9 rTo 00 I . " a -Is Lk I It /" h — --_.,�M _ - 4980 , 5002 l l^ C e eery '��. �� o Q h o . - 5000. . . �'___ . . t Vim. -_ O �_ \�_ /� r/ '4980 _ 7 • 8 3 e 9 \ 1 v ci--1O r/Ii a93Q-� � ...� C • t ^ \b \ i o / _ 4985001\l \:: � \ r BM. . .. ._ 50331 c r1401 • 4932 o 40 ', a 3 , ,/ c/ o° i \,L,... \ FFF��MM III_ 3 Pp. , r� ; 1p Z�2'Q 1 r 16- _ • o s:• rl ,. .Vi ii - .. cA: • r ci.r 49_.5 BM i� a.., T: ' _.-, o 9 —. AVAAV 38 _ 0 ri it -® o a Windmill iI 4940 Powars o /- -- t-', - / � 19 ° • 20 '�._. 1. ae1l x5067 J 2 p . To CL r/ i SOSp N. 4 a93tr Independence, m 1------.\ __ School J -a9so _. ti .EZONING APPLICATION Dept. of Planning Services Permit Fee : /2747°- Case # : Z-31gtilt3 915 10th Street Recording Fee : z: 3'7 Receipt # : /C) /:3 Greeley ,Greeley , Colorado 80631 App . Ch ' d By : ,i* Phone : 356-4000, Ext . 404 TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE- MENTS : Print or type only, except for necessary signature . I (we ) , the undersigned , hereby request a hearing before the Weld County Planning Commission concerning proposed rezoning of the following des- cribed unincorporated area of Weld County: LEGAL DESCRIPTION : ( If additional space is required , attach an additional sheet of same size ) r STREET LOCATION : PRESENT ZONE .. c-rt '-_-_ PROPOSED ZONE -c . ->t APPROX . AREA 'SS :( �4 PURPOSE : c /9 J! rl5 of , igen7�r. / G [' <`/ < /, / <j.,p is 7�';a, �rii _ IS THIS AREA PLATTED : YES ( ) NO (j IF PLATTED , ' NAME OF PLAT : ' _ IS THIS AREA TO BE PLATTED : YES ( ) NO ( ) . IF ANSWER IS YES , HAS PLAT BEEN SUBMITTED : YES ( ) NO ( ) . FEE OWNERS OF AREA PROPOSED FOR REZONING : • i>/ c/.// i�:%=r 7 NAME : cG / 6. / 2.44,. ADDRESS : b+;"/htif�r+ ,c 7 . SccL? / TEL : (j y -c2 3 NAME : ",(7/,r;y Nj> ( 4 4,4 ADDRESS : e / TEL : _ NAME : / ;? ,,,?7 /; C; -e/ca » ,, n , ADDRESS : ?/ p- e 92— TEL : j/��/ '/ r Nt v kr fib,. C T Y✓a A A, 1 cr, / I hereby depose and state under the penalities of perjurj that all state- ments , proposals and/or plans submitted with or contained within this application are true and ccorect to the best of my knowledge . COUNTY OF WELD STATE OF COLORADO ) . / Sign ture : Owner or Authorized Agent Subscribed and sworn to before me this day of 19 . SEAL NOTARY PUBLIC My commission expires : t , • ....... a , lh«J42,9'GEA'flN ZS If CHANGE' ,4 ,e/rO'zr(/,2,0Z rO /N.DdST,P/.4L /r169/447- 47."- N\ tea WA 7 ' se9'4P 04..u. 4 cS.3/ ' -", Zov.^ /✓4¢Cr ne,f//, /•,e Nn/4 SW'4 /541/ , Sec /7, I See /7-/-GG T/N. 'e 6C G/ s h " so-toad �� x,s.w• ti S. / ' +.Ceres 14) % c/ne/, Pe.,"A•.4.4)...) 3 4 S N V o - C Yt `� I 10 a 200 a • ? s«%, /':zoo' . e. SP/ & FK �/ 4/f3 a^iin'7 er-fe 'it: 469.40• se/A'/ S .e N h� % 0 4 • C k 't4 o 6 N PK N Sul C r. Sec/7-/-a0 naf h'/ie LEGAL DESCRIPTION A parcel of land located in the Northwest Quarter (NWa) of the Southwest Quarter (5W1/4) of Section 17, Township 1 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the West Quarter Corner (1J1 Cor) of said Section 17, and considering the West line of the Southwest Quarter of said Section 17 as bearing South 00° 00' 00" West, with all other bearings contained herein relative thereto; Thence South 00° 00' 00" West, along said West Line, 523. 52 .feet; Thence North 89°42' 10" Mist, 469. 00 feet; Thence North 00° 24' 15" West, 523.53 feet; Thence South 89°42'04" Hest, 465.31 feet to the Point of Beginning. Said described parcel of land contains 5.614 acres. more or less , and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. . '"ERttn._A SURVEYOR' S CERTIFICATE .. ,,,i til;i7 '�CS' I hereby certify that this plat was prepared under my supervision an --ta.''the sane .IS correct to the best of my knowledge and belief. o' �� nom, r 0'� oi * JASP L EESE COLO.Fri EtI. J 9J' PROPERTY OWNERS'APPRO AL� ppp7��i We,ClydeG.Malara; Margaret Malara; Harvey F. German; an a eva M. Germo-rq�' to p@� le owners in fee of the above described property, do r by re est the zon 'ftCascgio$41.'Dn the k a, �a� �� ) IL p M. GERMAN PLANNING COMMISSION CERTIFICATION This is to certify that the Weld County Planning Commission has approved and does hereby recommend to the Board of Commissioners , Weld County, Colorado for their confirmation, approval and adoption of this Zone Change as shown hereon and described this day of , 1979. Chairman, Planning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION This is to certify that the Board of County Commissioners , Weld County, Colorado, do hereby confirm, approve and adopt this Zone Change and regulations this day of ,1979. ATTEST: County Clerk Chairman, Board of County Commissioners BY: RECORDED: Deputy DATE: Clyde G.Malara , Margarett Malara. Harvey F. German, and Geneva M. ,erman his acknowledged the- • signatures this 31 � day o ,1979 before me. (/ •` Witness my hand and seal . My C mmissio Expires : ;?. _/ 32_79._ J 1_,,e MALARA ZONE CHANGE WELD COUNTY, COLORADO ANSWERS TO QUESTIONS AS REQUESTED BY PLANNING COMMISSION 1 . QUESTION - Is it impractical , impossible, or undesirable to develop the land according to its current zoning classifica- tion? ANSWER - Yes, the land is too small (5. 614 acres) to farm economically and no water available for irrigation . Presently there is a large storage building on subject property that is vacant (formerly used for storage of agricultural products, namely onions. ) Now, owners have made other arrangements for storage purposes because present building is inadequate. Other reasons being that said building can be put to a higher and better use as the area has other commercial enterprises and rezoning this plot of land to commercial would not be detrimental to the surrounding farms and/or businesses already established. 2 . QUESTION - Would the proposed rezoning benefit the entire County by allowing a typical development which is needed and cannot located in other parts of the County? ANSWER - Would benefit by putting an existing vacant building to a good use commercially, and as such, would benefit the County tax-wise, and certainly would not be detrimental to the surrounding neighborhood. 3 . QUESTION - Would the proposed rezoning benefit lands adjoining the area requesting the change? ANSWER - Yes, it would increase the value of the surrounding land. Most certainly, it would not decrease such values. The land and building are located between existing railroad right-of-way and old highway #85 between Ft . Lupton and Brighton and the area is rapidly becoming more and more commercially oriented as physical inspection will show. 4. QUESTION - What features apply to the property requesting rezoning which make it logical to rezone this tract and not to rezone in a similar manner surrounding properties which may have like land use characteristics? ANSWER - Because of the nature of this small tract with an existing empty storage building that can easily be converted to commercial use and can continue to be occupied and used similar to other commercial properties already in this area. 5. QUESTION - Why are other areas in the County already zoned according to the requested classification, unsuitable for the development which is proposed? ANSWER - There are other areas in the County already zoned according to this requested classification ; however , the plot of ground with an already erected vacant building thereon would be highly desirable for the use intended, especially being located between an existing road and a railroad right- of-way , present building already there; why should it remain vacant when same can be put to a beneficial use in an area that is rapidly tending to go commercial as evidenced by the commercial enterprises in the area. z E MALARA ZONE CHANGE WELD COUNTY, COLORADO PAGE -2- 6. QUESTION - What proof of evidence is available that the original rezoning is faulty or that changing conditions in the area justify rezoning at this time? ANSWER - The area has within it other commercial and/or light industrial businesses and is not being used for agricultural purposes, whole area becoming commercially oriented. Original zoning certainly was not faulty. Whole area was blanket zoned agricultural originally in order that the whole county could be protected and reasonably zoned. Now, for good cause shown , this request is made for rezoning because this plot of land and vacant building thereon lie in a narrow strip between a railroad right-of-way and old highway #85 and can be easily converted to commercial , thus benefiting the whole are and the County. 7. QUESTION - Please submit economic or other evidence that the area covered by the petition needs additional commercial or business in the area. ANSWER - No business of this type in area; would not be detrimental to surrounding commercial businesses of this type in the area presently established or to outlying agricultural lands; this type of business is novel to the area and, if successful , would add greatly to the tax base of the County. 8 . QUESTION - Give some evidence of the proposed business or commercial enterprises that are to locate in the requested area and a tentative time schedule for construction. (To be answered on Changes requested for Business or Commercial . ) ANSWER - As mentioned above, building is already erected and remains vacant ;can easily be converted to the manufacturing and sale of camper shells and related products for automobiles and trailers. This type of business is extremely clean and would not disrupt the tranquillity of the neighborhood, but would be an asset to the area which, as stated above, is highly desirable for this type of business . Can be in business of manufacturing of camper shells and related products within three ( 3) months as the building is already erected, remains vacant , and can easily be con- verted for the contemplated use. � �a PETITION SUPPORTING REZONING Board of County Commissioners of Weld County , Colorado Weld County Centennial Center 915 10th Street Greeley , Colorado 80631 Gentlemen : We , the undersigned owners of property located within 500 feet of the property described in the Rezoning Application submitted by (Tit , hereby petition you to grant this . rezoning request and to change the Zoning District Map so that the property involved shall be ,rezoned from e. Zoning District to 'V".Mxdr Zoning Di trict . SIGNATURE MAILING ADDRESS DESCRIPTION OF PROPERTY C'A., 'Clcr•L n le,e Ce Cn c w ` r g,.G mo i+S CLAt x 1 . (34A- R An \1 ,The, • CZ.I nn Ric(� v �t e... A"" 4.4 .4-Tr-4;wl C•4.n,f. . >C f. NaG L /`7;'"1 -'%. (`T ,'i _7 /IP C' / Cif,"f''LC."_`l LA C ,I WC-4-7Vlzff3r ,�rl % Ft /uef-f--u,•i /louse { l;Y �l-ofrfr /Cl t5 V LF j.7 if 4L'74 N k €! FC rct l n Cif= C � 1 -, ' Th A N 7,2 estA ti 17 12- Ctte.- Kc-fie,-(esC y 0-LL "t (• e / / 6 / 7a) b n( /cl 5/ loin,", e r-[ r l ty 1 Larken Campers 2190 1-25 Frontage Road Erie, Cob. 80516 303-665-9371 Tom j:onn, Zoning Administrator !; eld County- Planning Dept. 915 10th Street Greeley, Colorado 80631 Dear :r. Horan: Our business consists primarily of manufacturing re- creational vehicles . In this kind of business our work is primarily that of purchasing fabricated parts and assembling them into trailers. Examples illustrating this process are buying ready made cabinet doors, cushions , drapes , exterior doors and windows, appliances etc. . Along with the fabrication of parts it is necessary for us to actually construct some of the necessary components. An example of this would be the construction of our cabinets. These cabinets are made by fastening pine framing together and facing it with paneling. :Door openings are then routered out. Our sidewalls , roof, front and rear panels are con- structed in a similar manner. Our steel frames, depending or. the availability and the amount of sales we have, are either manufactured by us or and outside contractor. At present we have been mating our own frames. Steel, jacks , pinbox, axles are ordered to our specifications. We assemble these purchased parts by welding, bolting etc . The machinery necessary for this kind of business are: Table saw and radial saw, air compressor, staple guns, screw guns, welder and various hand tools. Sincerely, Larry utsinger �c31123 456 General kanager cP Lr. R�GEi�Efl o a». . (...). • • • ..• `: IREFF:RRAI, LT ST • • APPLICANT _Clyde G Malara, et al . . ,•CASE 7-319: 79:3 '~,.: . . .. . REFERRALS SENT OUT ' ` • ;ON: r+arch 9 a . - REFERRALS RECEIVE•D :+ :'.• 4a ice .. MAR 9 1979 ;. 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'5'.. • FIELD CHECK FILING NUMBER: Z-319 DATE OF INSPECTION: 3/ 79 NAME: Clyde G. Malara, et al REQUEST: Change of Zone from "A" to "I" LEGAL DESCRIPTION: Pt . NWl S�Y� Section 17 LAND USE: N Agriculture E Agriculture S Pasture/Natural Grasses W Agriculture ZONING: N Agriculture LOCATION: Approximately A mile south E Agriculture of Fort Lupton , east side of old S Agriculture U.S. Highway 85 W Agriculture COMMENTS: There is access from Weld Count large metal building. It appears to be unoccupied at present Balance of parcel was pasture . There is a nursery about i mile west on Weld County Road 8 . The railroad tracks run north-south aJong the eastern ed e of the ro ert . A dt edge of the property. — BY: 11�0,,j . . 'T -k Mt 7 } y COUNTY OF Ft D F( I:T "L? rE .57 P C. C< 1'8 C, ,VER -TRO f (131 F .94 } E2 SF E LE( TRO 7d:-.4a108 �,.,�31`( FORT UPTON CO En 1 March 30, 1979 Chuck Cunliffe Weld County Planning Commission 915-10th St. Greeley, Colo. 80631 Dear Mr. Cunliffe: In regards to the request of Mr. Clyde Malara for a zoning change from "A" Agriculture to "I" Industrial Zoning, the Planning Commission reviewed this on March 8, 1979. They voted unanimously to deny approval due to the following reasons: 1. We are very concerned about the land along old Highway 85 being Industrialized from Brighton to Fort Lupton. There are some very nice homes along this area and an Industrial business at this location would depreciate the value of the homes. 2. It is not good planning to allow "spot zoning" every few hundred feet which only results in uncompatible land usage. 3. Fort Lupton's General Plan designates this area as Agriculture and we urge you consider the long range effects this would have on our plan, which in this case, we feel would be detrimental. If you have any questions, please contact me. Sincerely, )14—Wstre44---- Rose M. Bowles 3031/... City Administrator/Clerk �\Z%.6 lek) RA. 797 9 Clet, CO 1,44 dpy c:-\\H:: 4�B RMB/kgp c+ 44/ 6!8Iel91 SlV�� ,t' We eGCl County Health Department BOARD OF HEALTH FRANKLIN D. YODER MD. MPH DAVID WER KING. DDS Greeley Orrector 1516 HOSPITAL ROAD WILLIAM LEKSLICE, en DORIS DEE EKE. Greeley GREELEY. COLORADO 80631 A. M DOMINGUEZ, JR J .. Greeley (303353-0540 ANNEITE M LOPEZ, Greeley FRANK MYERS M.PH_ Windsor HERSCHEL PHELPS. JR, M.D.. Greeley KATHLEEN SHAUGHNESSY PHN, Ault ARTHUR G WATSON, Platteville March 19, 1979 TO: Chuck Cunliffe Assistant Zoning Administrator FROM: John G. Hall, Director 2 Environmental Health Se ces SUBJECT: COZ from r'A" to "I" for Clyde Malara The applicant for this Change of Zone should be aware of the requirement for a septic permit. Also, he should be made aware of the noise law. kt CS. MP �\10 co C.cc Now cos-. cut °/58L991 Planning Commission Date March 20, 1979 tribbil i To COLORADO From Gilman E. Olson, Utility-Subdivision Administrator Subject. Clyde G. Malara, et al . (C.O.Z. ) There are no engineering problems anticipated by this request. • c > Gilman E. Olson Utility-Subdivision Administrator GEO:sar ��21222s�y`s� C1/4 -ON co 11-.69L9��4, it RICHARD D. LAMM - - # G ovean•oL � JOHN W. ROLD 7876 Director COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303) 839-2611 March 15, 1979 Weld County Planning Department 915 10th Street Greeley, CO 80631 Department Members : RE: SENATE BILL 35 REFERRALS We have reviewed the following applications for zoning changes and conditional and special use permits: Case No. Z-318: 79:2, Change from "A" to "C" Case No. Z-319: 79:3, Change from "A" to "I" Case No. CUP-44: 79:4, Microwave Tower and Electronics Case No. CUP-45: 79:5, Radio Transmission Towers Case No. SUP-381 : 79:3, Dairy Operation Case No. SUP-382: 79:4, Dairy Operation No geologic hazards nor serious constraints are known to exist in these areas. However, because of the presence of swelling and/or settling soils on most of these sites, we recommend that subsurface conditions in excavations be evaluated by qualified personnel to determine if adverse soil conditions are present and to assure proper foundation design for all new structures. If we can be of further assistance, please contact our office. Sincerely, James N. Price Engineering Geologist JNP/vt cc: Land Use Commission (0320e1Pc.,r, MAR19�9 a+ ti w�ut° 101 `w 8zy5 C-2 GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE _ _ . . Pr:: .: :D S1S 1U-E-. 5;- _i '•_ il r - r GAEELEY,COLG��DO c. 31 1 T `) © CASE NUNBER Z-319:79:3 -- COLORADO March 7, 1979 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Clyde G. h.'alara, et al. for a Change of zone from "A" Agricultural Zone District to HI° Industrial Zone District. The parcel of land is described as Pt. NW}. SW'% Section 17, TIN, R66W The location of the parcel of land for which this application has been submitted is approximately 1Y2 miles south of Ft. Lupton on the east side • on old U.S. Hwy. 85 This item is submitted to your office for review and recommendations . Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreciate a written reply to include in our files, or check the box at the bottom of this page and return it to us. We would like to receive your comments by March 28, 1979 so that we can complete our review before the scheduled Planning Commission meeting. Thank you very much for your help and cooperation in this matter. ��o,�,��21/3�141,S�s�ji /� n MAR 1919 ' ` y� RECENED �. /t , Weld Co r my Assistant Zoning Administrator `� PlosslsgCoeeissm tiIN I c51" e have reviewed the plans and find no conflict our interests. Signed &- c Date 3 — e - 7,9 / / // ,r zo Agency Gf/Pa .� c5 $a,/ 66.1)s . /7,S/�-w^.% e March 25, 1979 Box 182 Fort Luton, Colo. 80621 Dept. of Planning 'service 915 10th St. Greeley, Col. 50631 Dear Chuck Cunliffe: Re : Z-319 :79:3 I received your notification about the planned zoning change of Clyde F`_alara' s land to the north of me from agricultural to Industrial. It is silly to have it agricultural whenthere is no way of watering the land. By the .same token I don 't wart it industrial if it means an oil concern will move in there with noise, lights, and confusion. My home is due south of the land and naturally I would like to keep its value up, and my environment comfortable. I telephoned you regarding the request that if the zoning is changed that the neighbors could be consulted if this new owner wants to sell it to an oil company or some undesirable company. You felt that couldn 't be done. I don' t quite know what to say, I do feel sorry for Mr. Nalara and wouldn' t mind having the pickup shelder builders as my neighbor but I do wish some proviso be put on the change so that an undesirable company couldn 't buy it next. Sincerely, -ki3 - �3tg252622�8�9 Lois D. S:nee titi 4. to CZ C\, RAC R 1g�9 v c, j vE-p W "Mint Cafiwlssleg y Z-319 : 79 : 3 Clyde Malara SURROUNDING PROPERTY OWNERS March 14, 1979 John B. Able 1550 Crestridge Drive Littleton, CO 80120 Norman & Sharon McCleney 3352 Weld County Road 27 Ft . Lupton, CO 80621 Lois D. Smee Box 182 Ft . Lupton, CO 80621 Francisco & Veronica Lopez c/o Majestic Savings 2420 West 26th Avenue Denver, CO 80211 Ralph & Robert L. Villano 13050 Weld County Road 10 Ft . Lupton, CO 80621 Sakata Farms P. O. Box 499 Brighton, CO 80601 Robert and Nancy Zellers c/o Affiliated Mtg. Investors 13131 Cedar Avenue Denver, CO 80200 Harry Ewing Rt . 1 Box 241 Ft . Lupton, CO 80621 4, Hello