HomeMy WebLinkAbout920726.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING TO CONSIDER REVOCATION OF
COMMERCIAL UNIT DEVELOPMENT #Z-312 - LYLE J. AND BETTY L. PICRAUX
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, on March 25, 1992, a Show Cause Hearing was conducted to consider
revocation of Commercial Unit Development #Z-312, issued to Lyle J. and Betty L.
Picraux, and
WHEREAS, Lyle J. and Betty L. Picraux are the owners of the facility
located on property described as part of the SW* SW* of Section 32, Township 1
North, Range 68 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at the hearing of March 25, 1992, the Board deemed it advisable
to continue said matter to April 22, 1992, and then to June 17, 1992, and again
to August 5, 1992, at 9:00 a.m. , and
WHEREAS, at said hearing of August 5, 1992, the Planning staff advised the
Board that Mr. and Mrs. Picraux are now in compliance, and the Board deemed it
advisable to close said matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning revocation of Commercial
Unit Development #Z-312, issued to Lyle J. and Betty L. Picraux, be, and hereby
is, closed.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following( vote on the 5th day of August, A.D. , 1992.
�/ ia% BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Ge ge Kennedy, Chairman
BY: 1l( 44-% /J r - KZ < ,t---2K/3--teOrZ <
Deputy C erk to the Board is onstance L. Harbert, Pro-Tem
APPROVED AS FORM: EXCUSED DATE OF SIGNING (AYE)
C. W. Kirb
0.2
County Attorney Gord . a
4 /1
W. H. Webster
n_.,� 920726
PL O, �1 _ c e ' 1%, Rio P
HEARING CERTIFICATION
DOCKET NO. 92-15
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF COMMERCIAL UNIT
DEVELOPMENT #Z-312 - LYLE J. AND BETTY L. PICRAUX
A public hearing was conducted on August 5, 1992, at 10:00 A.M. , with the
following present:
Commissioner George Kennedy, Chairman - Excused
Commissioner Constance L. Harbert, Pro-Tem
Commissioner C. W. Kirby
Commissioner Gordon E. Lacy
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated February 24, 1992, and
duly published March 12, 1992, in The New News, a public hearing was
conducted on March 25, 1992, to consider the revocation of Commercial Unit
Development #Z-312 issued to Lyle J. and Betty L. Picraux. At said
hearing of March 25, 1992, the matter was continued to April 22, 1992,
then to June 17, 1992, at which time it was again continued to August 5,
1992. At said hearing of August 5, 1992, Lee Morrison, Assistant County
Attorney, made this a matter of record. Keith Schuett, Planning
Department representative, said staff is requesting that the Board close
this case. Mr. Picraux has submitted an amended plan, and he is
continuing to work with the Mountain View Fire Protection District
concerning installation of a dry hydrant. There was no public testimony
offered. Commissioner Lacy moved to approve staff recommendation and
close the Show Cause Hearing concerning the revocation of Commercial Unit
Development #Z-312 issued to Lyle J. and Betty L. Picraux. Commissioner
Kirby seconded the motion, which carried unanimously.
This Certification was approved on the 10th day of August, 1992.
/ I� APPROVED:
ATTEST: 0j/ �� BOARD OF COUNTY COMMISSIONERS
/� WELD COUNTY, COLORADO
Weld County Clerk to -the Board
/ /� e + EXCUSED
By: 7 azt „� � ti,_,y r( Ge ge Kennedy, Chairman
Deputy Clerk to the Boar&\
01-17
Constance L. Harbe t, Pro-Tem
TAPE 1192-25
EXCUSED DATE OF APPROVAL
C. W. Kirby
DOCKET #92-15
PL0345
1 . acy/W. ebster
920726
,GG ' PL
NOTICE - PICRAUX
PAGE 2
4. Development Standard #4: The installation of signs shall
conform to the specifications and requirements of the Weld
County Zoning Resolution. Applicable permits shall be
obtained prior to installation.
5. Development Standard #5: Uses of property shall comply with
all County and State health standards and regulations
pertaining to air quality, water quality, noise emission, and
sanitary disposal systems.
6. Development Standard #9: All construction, plumbing, and
electrical work shall be done in accordance with the Weld
County Building Code.
7. Development Standard #10: Prior to construction of any
structure within the unit development area, a soils and
foundation investigation shall be conducted by a qualified
soils engineer to determine proper foundation design on the
site. The soils and foundation investigation report shall be
submitted to the Weld County Building Inspection Division with
the building permit application.
8. Development Standard #12: It is intended to use the retention
pond area both as a storage area for drainage and a reservoir
for fire protection. The retention pond area shall maintain
a minimum amount of 25,000 gallons of water storage for fire
protection. All fire protection facilities, including
hydrants, shall be located in accordance with the
recommendations of the Dacono Fire Protection District as
defined by letters from such district dated on December 1,
1977 and September 29, 1979 and on file with the Weld County
Department of Planning Services.
9. Development Standard #13: Adequate off-street parking shall
be provided by the developer for customers and employees in
accordance with the parking areas, which shall not be a part
of the off-street parking.
10. Development Standard #18: A minimum of 15% of the total lot
area shall be maintained as landscaped area (not covered by
buildings or asphalt) . The developer shall be responsible for
constructing and maintaining any greenbelts, natural buffer
zones, or any other landscaped area. The landscaping plans
shall include provisions for the re-seeding to natural grasses
of all areas upon which the natural ground cover is removed by
construction that are not otherwise covered. Said re-seeding
shall be commenced upon completion of construction, but in the
event such construction is completed after October 1 of any
calendar year, said re-seeding shall be completed not later
than May 1 of the following year. The landscape development,
having once been installed, shall be satisfactorily
maintained.
920126
NOTICE - PICRAUX
PAGE 3
11. Development Standard #19: The unit development plans shall be
limited to the plans submitted and governed by the Development
Standards stated above and applicable Weld County regulations.
Any material deviations from the plans and/or Development
Standards as shown or stated above shall require the approval
of an amendment to the Unit Development Plan by the Planning
Commission and the Board of County Commissioners before such
changes from the plans and/or Development Standards shall be
permitted. Any other changes from the plans and/or
Development Standards shall be filed in the office of the
Department of Planning Services.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly Miller, Deputy
DATED: February 24, 1992
PUBLISHED: March 12, 1992, in The New News
NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning
Ordinance, a public hearing will be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th
Street, First Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested in the matter are requested to attend and may be heard.
Should any interested party desire the presence of a court reporter to make a
record of the proceedings, in addition to the taped record which will be kept
during the hearing, the Clerk to the Board's Office shall be advised in writing
of such action at least five days prior to the hearing. The cost of engaging a
court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the text and maps may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County Centennial
Center, 915 10th Street, Third Floor, Greeley, Colorado.
DOCKET NO. 92-15
DATE: March 25, 1992
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE for revocation of Commercial Unit Development
#Z-312 issued to Lyle J. and Betty L. Picraux
LEGAL DESCRIPTION: Part of the SW; SW; of Section 32, Township 1 North,
Range 68 West of the 6th P.M. , Weld County, Colorado
ISSUES:
1. Development Standard #1: The permitted uses on the herein
described property within the Commercial Unit Development
shall be those uses as listed in the Commercial Zone District
of the Weld County Zoning Resolution adopted by the Weld
County Board of County Commissioners.
2. Development Standard #2: Agricultural production may be
permitted. If agricultural production is not pursued on all
or any portion of the Commercial Unit Development, that
portion not in agricultural production shall be maintained in
a manner so as to prevent fugitive dust, erosion, growth of
noxious weeds, and non-ornamental ground cover shall not
exceed 12 inches in height.
3. Development Standard #3: The minimum setback of buildings and
the maximum height of buildings shall be in compliance with
the requirements of the Commercial Zone District as set forth
in the Weld County Zoning Resolution. r
920 :tip
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #92-15, was placed in the United States mail, postage
prepaid, addressed to the following property owners.
DATED this 4th day of March, 1992.
� , /c yh, >
Deputy Cler to the Board
ROBERT B. AND DOROTHY M. MUSSACK
9833 ALAMO DRIVE
DENVER, CO 80221
ALLAN E. PEZOLDT
1215 EAST BONFAY
COLORADO SPRINGS, CO 80909
JOSEPH P. SMITH AND SALLY M. DEBEQUE
250 WELD COUNTY ROAD 3
ERIE, CO 80516
THOMAS H. AND DEBORAH K. JENKINS
250 WELD COUNTY ROAD 3
ERIE, CO 80516
ANNA AND KENNETH E. PRATT
KAREN K. LANDERS
3525 CAMDEN DRIVE
LONGMONT, CO 80501
RICHARD K. AND TAMARA L. SCHNEIDER
15000 LOWELL BOULEVARD
BROOMFIELD, CO 80020
EARL WAYNE DAVIS
2000 WEST 160TH AVENUE
BROOMFIELD, CO 80020
.725
:444:1"1,4st:
maze •
P 387 472 675
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
LYLE J. AND BETTY L. PICRAUX
50 WELD COUNTY ROAD 3
LAFAYETTE, CO 80026
Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
N
gi Return Receipt showing to whom.
Date,and Address of Delivery
a
j TOTAL Postage and Fees
0
m Postmark or Date
M
LL
3/�( / -
a.
a.
SENDER.•
• Complete items 1 and/or 2 for additional services. I also wish to receive the
• Complete items 3, and 4a & b. iie6�' c(i�f(���a�JJTV following services (for an extra
• Print your name and address on tlld sh'hi f?Ial iprrn so fee):
that we can return this card to yo (�AA,ML C`C�T ff.SS''-``,;._I,J
• Attach this form to the front of the mailpiece, or on the 1 ❑ Addressee's Address
back if space does not permit. n [t
• Write "Return Receipt Requ "jg!!66nAAth4 cnailpteceiriext 2. ❑ Restricted Delivery
the article number. Consult postmaster for fee.
3. Article Addressed to: Ct Lr c 4a. Article Number
77((�� LO
LYLE J. AND BETTY L. PICRAUX" G, I7 — 75
4b. Service Type
50 WELD COUNTY ROAD 3 ❑r�(��Registered ❑ Insured
�
LAFAYETTE, CO 80026 r" ertified ❑ COD
❑ Express Mail ❑ Return Receipt for
Merchandise
7. Date of Delivery
-Cs-
5. Signature (Addressee) 8. Addressee's Address(Only if requested
and fee is paid)
ignature genth
orrn obr 1810 *US OPp tsss--mast DOMESTIC RETURN RECEIPT '
_` Pheamt the w. d re it S/avt td Na a: A
stem/
as
whatly, nitu�eof d tic mbl id ago
MI I � Pei.'i.' mil a by b �drea area
lbw w 1.
ton ducting sh31 s for
any
^f Canty Weld• Comb constructing and nratntaining any
add Cane' * illtli time
rehpal homer or mry
STATE OF COLORADO ) mated MI �s°al°s�n man plans ehau a' provision u;e
interested In the natter are requested reeeecl'i g to need grasp d all
.5.5. toaged and may be Irani arm upon
on Midi lye natural,ground__ - Store any haemgel piny desire de cover is removed by mrmnceam that
COUNTY OF WELD
it.: t' presence d a teat ta metre a ' are rot ati at caused Said re-
to the p re nterm be kept 3m all on c construction,
but
upon
ta the toped raid- the ivrr be kept d ca diai but p the
fhe fM Clerk,a the srh construction1ofie is completed
David B. Reynolds, being duly sworn, a once ti be advised m aueodebertd mrada� �year,
says that he is writings d such area"' at least five later
't en May l of th cwn4erm nd
publisher of days p to ore repo The oast af late';tram May 1 e the menial y r.
e g a sort reporter shat s The Imbeen a h vug
The New News, a weekly newspaper herety rsom a3triaoay wire been install
lk maintained' au ne
published in Keenesburg in said County ' and BE TTmope m°ay be examined die u Standard. No, ls: .
and State; that said newspaper has a office a to Czar to the Board of lfe ad development
plans to
Cal* Cammieme ;masted m the Ignited to the plans submitted and
general circulation in said County Weld County Centennial Floor,
Center, 915 governed by the navaloop'%ea�'t
10th Street, Third Flo r, Greeley, 'Mien stated above Et
apPorame
and has been Con tinously and DOCKET NO.92.15 WWeld.deviations
om the plans alb
uninterruptedly . published therein, DATE:Mum a1991 Development Standhall ards ueas sham or
Time:10:00 A.M. slated during a period of at least -Bearing to SHOW Caner as enddmen'nt'ww�the Unit
t
fifty-two consecutive weeks prior to for revocation of Commerical Unit =ant Plan the Ploumg
Na Z312 issued to lgle Cnert®ur and one Bcerd d Cnudy
the first publication of the annexed J.and LPieraas Commissioners before such change
IFT:Ar • Pat of the from the plans and/or Developmental
notice; that said newspaper is a SWI/t td Sada Township Standards shall be cemdnm Q
North,Range a West of 6th P.M oder flanges from tIe dam
newspaper within the meaning of the Wert Coley,Colorado Development Stadedly ash u be toed
act of the General Assembly of the �Deilopment Standard Na 1: the pia the g�;ce of
Departed d
State of Colorado., entitled "An Act � wmm the herein desated the caiad Dwt
ODNINBSSIONERS
to regulate the printing of legal 'et reap he WELD CDUNN .WABDDN
g e Comunarial Zone District BY:DONALD D.WARDEN
notices and advertisements. " and aa1kpad of the ey th,E°°w°�a�c' ,y e o WELD 71DNTr IMII
amendments thereto; that the notice Cale, C¢lm yam mesa s :: F BY: x s Maier,Deputy
Apar%ltural adadfon : MamL 1!4 h The
of which the annexed is a printed raamled�la�+ aaal
copy taken from said newspaper, was ut''Qt ertim�n "in, k a
published in said newspaper, and in manor so as t0
preent
the regular and entire issue of 'aunonomamental ndcover
every number thereof . not
12Inchesinhr cover
3311
3.Development Sta did Na 3: The
nmem=settees d buildings and the
maximum height d tuldings shall be
once a week for tacompliance with the r_equemetes d
tie Camerae! Zone Dose as set
successive weeks; that said notice forth In the Weld County Zoning
was so published in 'said ,newspaper Developueat c
Standard Nadmm e
a
proper and not in any supplement •
r Talons
s son
oe Weld c
thereof , and that the first Zeictaabie pawls
stall be obtained
publication of said notice as d5.De'd°pnett Standard Nov
aforesaid, was on the �'t` hon'a��der ga gaiety nose a as n, an
m water q noise emission, and
J-- ni _ Cl6, Developmentsanitary duped,'systems.
No. 9: All
day ofd , 19 t certmahel deir Weld
6e dme� Cale.re With
tie Weld County Building n Code.
and the last on the Z day of Pr'ri7or to caSn am Development of aaiw Nadard stmre
y,� -- ads ' !andahen ha,
ati
11 \ f47c?
sfaadaom design m the site.Tee sells
and foundation investigation report
Safi 6e submitted to the Weld with
the
Buick* ImpederDivi3ah Witt one
6 Prm stmddaN Na 12: R
is intended to use the retention pond
area both as a storage area for
Subscribed and swot to before drainage and a resennor for fire
protection. The retention pond area
stall maintain a mwnumm armed d
25,000 gales d water storage for fire
f' protection. AR fire protection facilities,
me this .day of �Yr4,cc-4 ,
de ee wtn remmthe anedatimt
9� of tie Darby Fire from such
District
19_2i..• as defined by"atlas him su19 district
dated on 7lecember 1, 1977 and
Smfenha 29.1979 and m file tar tie
I
VYCp¢n�dpyp��pcpo4wd�gd plewmg
/1/40)-7144-ft t L-1(_« t • Ad9.equate off-street Standard share. 3:
pro' ado the elopefbe
w de smltaraea4ue vitintriw
y Commi s,or.'°, bea '"Pi;iserteR .
42076
SHOW CAUSE HEARING
DATE: June 17, 1992 CASE NUMBER: ZCH #81
Z #312
NAME: Lyle J. and Betty L. Picraux
50 Weld County Road 3
Lafayette, CO 80026
LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 SW4 of Section 32, T1N, R68W of the
6th P.M. , Weld County, Colorado.
LOCATION: 50 Weld County Road 3
It is the opinion of the Department of Planning Services' staff that the following
Development Standards for Commercial Unit Development Z-312 are not in compliance:
Standard Number 12 states:
12. It is intended to use the retention pond area both as a storage area for drainage
and a reservoir for fire protection. The retention pond area shall maintain a
minimum amount of 25,000 gallons of water storage for fire protection. All fire
protection facilities, including hydrants, shall be located in accordance with the
recommendations of the Dacono area. Fire Protection District as defined by letters
from such district dated on December 1, 1977 and September 29, 1979 and on file
with the Weld County Department of Planning Services.
The Retention pond area does not appear to have a minimum of 25,000 gallons of water
storage for fire protection and a dry hydrant has not been installed on site as required.
This area is now in the Mountain View Fire Protection District. Mr. Picraux is working
with the representatives of Mountain View Fire Protection District to bring this standard
into compliance.
Standard Number 18 states:
18. A minimum of 15% of the total area shall be maintained as landscaped area (not
covered by buildings or asphalt) . The developer shall be responsible for
constructing and maintaining any greenbelts, natural buffer zones, or any other
landscaped area. The landscaping plans shall include provisions for the re-seeding
to natural grasses of all areas upon which the natural ground cover is removed by
construction that are not otherwise covered. Said re-seeding shall be commenced
upon completion of construction, but in the event such construction is completed
after October 1 of any calendar year, said re-seeding shall be completed not later
than May 1 of the following year. The landscape development, having once been
installed shall be satisfactorily maintained.
The Greenbelt, and natural buffer zone, and landscaped areas are not being maintained.
Storage of materials are being conducted within the Greenbelt area and the natural buffer
zone (the area shown on the plat as undisturbed ground) . Mr. Picraux is working on
completing an amended plan. The amended plan has not been completed at this time.
9207215
SHOW CAUSE HEARING, ZCH #81
Lyle J. and Betty L. Picraux
Page 2
19. The unit development plans shall be limited to the plans submitted and governed by
the development standards stated above and applicable Weld County Regulations. Any
material deviations from the plans and/or development standards as shown or stated
above shall require the approval or an amendment to the unit development plan by
the Planning Commission and the Board of County Commissioners before such changes
from the plans and/or development standards shall be permitted. Any other changes
from the plans and/or development standards shall be filed in the office of the
Department of Planning Services.
The unit development plans are not limited to the plans submitted, approved standards,
and applicable Weld County Regulations as stated above. No amendment has been approved
for any such changes. Preliminary plans have been submitted to amend the approved plan.
The final plan's have not been completed.
The Planning staff requests that the Board continue this hearing to August 5, 1992 to
allow Mr. Picraux time to complete the amended plan and time to comply with fire
department requirements.
.Re' ch
urrent Planner
"Vg
DATE: April 22, 1992
VIOLATION NUMBER: ZCH-81
NAME: Z-312
ADDRESS: 50 Weld County Road 3
Lafayette, CO 80026
LEGAL DESCRIPTION: Part of the SW4 SW4 of Section 32, T1N, R68W of the 6th
P.M. , Weld County, Colorado.
CASE SUMMARY
October 16, 1979 Change of Zone Case #312 was approved by the Board of County
Commissioners.
September 19, 1991 The property was inspected. It was determined that the
property was not in compliance at that time.
October 4, 1991 Violation letter mailed.
October 22, 1991 Mr. Picraux inquired about the violation. Mr. Picraux
indicated that he would write a letter regarding the
violation.
November 12, 1991 Received a letter from Mr. Picraux regarding the violation.
December 6, 1991 A letter reviewing the violation was sent to Mr. Picraux.
December 9, 1991 The property was reinspected.
December 16, 1991 Letter sent to the property owner indicating that the
violation case would be heard in a probable cause hearing
with the Board of County Commissioners on January 8 , 1992.
January 8, 1992 Probable Cause Hearing was continued to February 24, 1992.
February 18, 1992 The property was inspected. The property is still in
violation.
February 24, 1992 Board of County Commissioners scheduled a Show Cause Hearing
on March 25, 1992.
March 25, 1992 Show Cause Hearing continued to April 22, 1992.
April 20, 1992 Property was reinspected. The property is still in
violation.
4zonc
INSPECTION REPORT
NAME: Lyle J. and Betty L. Picraux
LEGAL DESCRIPTION OF THE PROPERTY: Part of the SW4 SW4 of Section 32, TIN,
R68W of the 6th P.M. , Weld County,
Colorado.
The property was reinspected to determine compliance. The materials located in
the Greenbelt and natural buffer zone have been removed except for some firewood.
The pond is still flooded and cannot be worked until it has dried out. A ditch
has been placed on the east side of the pond to divert the water away. This has
helped however, the rain that the area has received has prevented the pond from
being worked.
Mr. Picraux indicated that he has been talking with the Fire Department about
meeting the district requirements.
e C SchueJe-
Current Planner
920'7Z6
SHOW CAUSE HEARING
DATE: March 25, 1992
CASE NUMBER: ZCH #81
Z #312
NAME: Lyle J. and Betty L. Picraux
50 Weld County Road 3
Lafayette, CO 80026
LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 SW4 of Section 32, T1N,
R68W of the 6th P.M. , Weld County,
Colorado.
LOCATION: 50 Weld County Road 3
It is the opinion of the Department of Planning Services' staff that the
following Development Standards for Commercial Unit Development Z-312 are not in
compliance:
Standard Number 12 states:
12. It is intended to use the retention pond area both as a storage area for
drainage and a reservoir for fire protection. The retention pond area
shall maintain a minimum amount of 25,000 gallons of water storage for
fire protection. All fire protection facilities, including hydrants,
shall be located in accordance with the recommendations of the Dacono
area. Fire Protection District as defined by letters from such district
dated on December 1, 1977 and September 29, 1979 and on file with the Weld
County Department of Planning Services.
The Retention pond area does not appear to have a minimum of 25,000 gallons of
water storage for fire protection and a dry hydrant has not been installed on
site as required. This area is now in the Mountain View Fire Protection
District.
Standard Number 13 states :
13. Adequate off-street parking shall be provided by the developer for
customers and employees in accordance with the parking areas, which shall
not be a part of the off-street parking.
Adequate parking has not been provided. The requirement is one space of 10' X
20' for every 200 square feet of floor area. The parking area is being used for
the storage of materials .
Lyle and Betty Picraux
ZCH-81
Page 2
Standard Number 18 states:
18. A minimum of 15% of the total lot area shall be maintained as landscaped
area (not covered by buildings or asphalt) . The developer shall be
responsible for constructing and maintaining any greenbelts, natural
buffer zones, or any other landscaped area. The landscaping plans shall
include provisions for the re-seeding to natural grasses of all areas upon
which the natural ground cover is removed by construction that are not
otherwise covered. Said re-seeding shall be commenced upon completion of
construction, but in the event such construction is completed after
October 1 of any calendar year, said re-seeding shall be completed not
later than May 1 of the following year. The landscape development, having
once been installed shall be satisfactorily maintained.
The Greenbelt, and natural buffer zone, and landscaped areas are not being
maintained. Storage of materials are being conducted within the Greenbelt area
and the natural buffer zone (the area shown on the plat as undisturbed ground) .
Standard Number 19 states:
19. The unit development plans shall be limited to the plans submitted and
governed by the development standards stated above and applicable Weld
County Regulations . Any material deviations from the plans and/or
development standards as shown or stated above shall require the approval
or an amendment to the unit development plan by the Planning Commission
and the Board of County Commissioners before such changes from the plans
and/or development standards shall be permitted. Any other changes from
the plans and/or development standards shall be filed in the office of the
Department of Planning Services.
The unit development plans are not limited to the plans submitted, approved
standards, and applicable Weld County Regulations as stated above. No amendment
has been submitted or approved for any such changes.
The mobile homes have been removed from the property. The signs have been moved
and the materials have been moved but they are still located in the undisturbed
area as shown on the plat.
The Planning staff requests that the Board continue this hearing to April 22,
1992 to allow Mr. Picraux time to move the stored materials from the parking area
and undisturbed area shown on the plat, and time to submit a plan for complying
with fire department requirements.
eiaa A. chue
Current Planner
9ZAs.?6
DATE: March 25, 1992 VIOLATION NUMBER: ZCH #81
CASE NUMBER: Z-312
NAME: Lyle J. and Betty L. Picraux
Address: 50 Weld County Road 3
Lafayette, CO 80026
LEGAL DESCRIPTION OF THE PROPERTY: Part of the SW4 SW4 of Section 32, T1N,
R68W of the 6th P.M. , Weld County,
Colorado.
CASE SUMMARY
October 16, 1979 Change of Zone Case #312 was approved by the Board of
County Commissioners.
September 19, 1991 The property was inspected. It was determined that the
property was not in compliance at that time.
October 4, 1991 Violation letter mailed.
October 22, 1991 Mr. Picraux inquired about the violation. Mr Picraux
indicated that he would write a letter regarding the
violation.
November 12, 1991 Received a letter from Mr. Picraux regarding the
violation.
December 6, 1991 A letter reviewing the violation was sent to Mr.
Picraux.
December 9, 1991 The property was reinspected.
December 16, 1991 Letter sent to the property owner indicating that the
violation case would be heard in a probable cause
hearing with the Board of County Commissioners on
January 8, 1992.
January 8, 1992 Board granted a continuance to February 24, 1992 for the
probable cause hearing.
February 24, 1992 The board of county commissioners determined that
sufficient probable cause was presented to schedule a
show cause hearing on March 25, 1992.
March 19, 1992 The property was reinspected. The property is still in
violation.
March 23, 1992 The property was reinspected. The property is still in
violation.
920726 X26
INSPECTION REPORT
DATE: March 23, 1992
CASE NUMBER: ZCH #81
Z #312
NAME: Lyle J. and Betty L. Picraux
50 Weld County Road 3
Lafayette, CO 80026
LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 SW4 of Section 32, T1N,
R68W of the 6th P.M. , Weld County,
Colorado.
LOCATION: 50 Weld County Road 3
It is the opinion of the Department of Planning Services' staff that the
following Development Standards for Commercial Unit Development Z-312 are not in
compliance:
Standard Number 12 states:
12. It is intended to use the retention pond area both as a storage area for
drainage and a reservoir for fire protection. The retention pond area
shall maintain a minimum amount of 25,000 gallons of water storage for
fire protection. All fire protection facilities, including hydrants,
shall be located in accordance with the recommendations of the Dacono
area. Fire Protection District as defined by letters from such district
dated on December 1, 1977 and September 29, 1979 and on file with the Weld
County Department of Planning Services.
The Retention pond area does not appear to have a minimum of 25,000 gallons of
water storage for fire protection and a dry hydrant has not been installed on
site as required. This area is now in the Mountain View Fire Protection
District.
Standard Number 13 states:
13. Adequate off-street parking shall be provided by the developer for
customers and employees in accordance with the parking areas, which shall
not be a part of the off-street parking.
Adequate parking has not been provided. The requirement is one space of 10' X
20' for every 200 square feet of floor area. The parking area is being used for
the storage of materials.
920726
Lyle and Betty Picraux
ZCH-81
Page 2
Standard Number 18 states:
18. A minimum of 15% of the total lot area shall be maintained as landscaped
area (not covered by buildings or asphalt) . The developer shall be
responsible for constructing and maintaining any greenbelts, natural
buffer zones, or any other landscaped area. The landscaping plans shall
include provisions for the re-seeding to natural grasses of all areas upon
which the natural ground cover is removed by construction that are not
otherwise covered. Said re-seeding shall be commenced upon completion of
construction, but in the event such construction is completed after
October 1 of any calendar year, said re-seeding shall be completed not
later than May 1 of the following year. The landscape development, having
once been installed shall be satisfactorily maintained.
The Greenbelt, and natural buffer zone, and landscaped areas are not being
maintained. Storage of materials are being conducted within the Greenbelt area
and the natural buffer zone (the area shown on the plat as undisturbed ground) .
Standard Number 19 states:
19. The unit development plans shall be limited to the plans submitted and
governed by the development standards stated above and applicable Weld
County Regulations. Any material deviations from the plans and/or
development standards as shown or stated above shall require the approval
or an amendment to the unit development plan by the Planning Commission
and the Board of County Commissioners before such changes from the plans
and/or development standards shall be permitted. Any other changes from
the plans and/or development standards shall be filed in the office of the
Department of Planning Services .
The unit development plans are not limited to the plans submitted, approved
standards, and applicable Weld County Regulations as stated above. No amendment
has been submitted or approved for any such changes.
The mobile homes have been removed from the property. The signs have been moved
and the materials have been moved but they are still located in the undisturbed
area as shown on the plat.
lei c et
Current Planner
920726 26
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the
surrounding property owners and owners and lessees of minerals in
accordance with the notification requirements of Weld County in Case Number
ZCH-81 for Lyle J. and Betty L. Picraux in the United States Mail, postage
prepaid First Class Mail by letter as addressed on the attached list.
this 23rd day of December 23, 1991.
aakkr.rg--R40
920726
DEPARTMENT OF PLANNING SERVICES
PHONE(303)3564000,EXT.4400
91510th STREET
111 lID
GREELEY,COLORADO 80631
C
COLORADO
TO: SURROUNDING PROPERTY OWNERS
CASE NUMBER: ZCH-81 (Z-312)
There will be a Public Hearing before the Weld County Board of County
Commissioners on Wednesday, January 8, 1992, at 9:00 a.m. , in the County
Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado concerning the request of:
NAME: Lyle J. and Betty L. Picraux
FOR: To review Case Number Z-312 for compliance with the Development Standards
as approved by the Board of County Commissioners on October 16, 1979, to
determine if probable cause exists to hold a hearing on revocation of Z-
312.
LEGAL DESCRIPTION: Part of the SW4 SW4 of Section 32, T1N, R68W of the 6th
P.M. , Weld County, Colorado.
LOCATION: 50 Weld County Road 3.
Your property is within five-hundred (500) feet of the property on which this
request has been made. For additional information write or telephone Keith A.
Schuett, Current Planner.
4 ,0070-1,"irso
SURROUNDING PROPERTY OWNERS
SURFACE ESTATE AND/OR MINERAL
Lyle Picraux, ZCH-81
Robert B. and Dorothy M. Mussack
9833 Alamo Drive
Denver, CO 80221
Allan E. Pezoldt
1215 East Bonfay
Colorado Springs, CO 80909
Joseph P. Smith and Sally M. Debeque
250 Weld County Road 3
Erie, CO 80516
Thomas H. and Deborah K. Jenkins
250 Weld County Road 3
Erie, CO 80516
Anna and Kenneth E. Pratt
Karen K. Landers
3525 Camden Drive
Longmont, CO 80501
Richard K. and Tamara L. Schneider
15000 Lowell Blvd.
Broomfield, CO 80020
Earl Wayne Davis
2000 W. 160th Avenue
Broomfield, CO 80020
920726
Ai"FIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property
STATE OF COLORADO )
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his or
her knowledge the attached list is a true and accurate list of the names,
addresses and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface estate) within
five hundred (500) feet of the property subject to the application. This list
was compiled from the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such records ,
or from the records of the Weld County Clerk and Recorder. The list compiled
from the records of the Weld County Assessor shall have been assembled within
thirty (30) days of the application submission date.
4_,IX0-407(Xz0
The foregoing instrument was subscribed and sworn to before me this
/9 day ____¢err_ , 199 1 by �.Pro,,-‘ L. \r...\ hA'AvE`
WITNESS my hand and official seal .
My Commission expires : MyCommisionExpiresJanuary10,1995
Notary Public
92O726
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property
STATE OF COLORADO )
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names,
addresses and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface estate) within
five hundred (500) feet of the property subject to the application. This list
was compiled from the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such
records, or from the records of the Weld County Clerk and Recorder. The list
compiled from the records of the Weld County Assessor shall have been
assembled within thirty (30) days of the application submission date.
604
The foregoing instrument was subscribed and sworn to before me this /.‘2.
day of ACp,cyyµ A— , 199 /.
WITNESS my hand and official seal.
My Commission expires:
Notary Pub4c
920726
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• Ty 1; r Recorded t .. - .•i clock."" ..__M.. ...- -
f � Reception �lo.p.\u_..� .. Reorder. - •
4
RECORDER'S STAMP I
TWS iEED. Made this fifth dal of Apr 11
. y�/ I iv t.between Ie•Lt.• P. Bryant and Saundra D. I
1 . 1 ,) I Bryant _- ' r..
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1 •t; L. Pt en i
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•. 4 e R'ITNES5ET IL,..at then aid t art of:he first part.fur and in ron,iderat on of the sam of a,
w n. : 1.•1..'1111 a t. nor 100 (S- 2,n(in.nJ) DOLLAR: IF:y,��
aa��" t 1 tart f t tl p.t.' in !....,1 I r td 1 t . •'d r' es of the secon I ;art the r. nipt wh rte.' is ..
w::w 1 ..,1 -k. wind 1 granted hares reJ ,. and convey•d and by these pr rent•d•
rt ...�a p •: ..t.
.O V, r and f ml the aid Dvt.ee ( he sro nJ pat their n Ir and a ¢n In r nut
}{(.� • I - tI in j.. ,al the f flow•nR d . rihwl hats or p I of land situate. lying and
—
�,�, }` 1 rte count),u' We ld • I ..at /CI 1 to t _
* . -. . Qua:t.'r . . [h. Scutciwest Quarter Sn : ..t _
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}fay { C _ t Quintet t the onthaesc Quarter ( In of 1 S'L(:)
�,..� .F i.•t 1 at . t ..,1-up t Cart l• Sari 6R L ,2 5• - ''-'4 R'I
t1 I 12(2r. 1 :: v . _, for grant'Ir-• as Itnata/ IJed it t , , r;a .[
It� all -.ineril� an'. mineral r 5 t% .•tab les-
yy�� t o . . . r t'. Fe"-
i;i i. b
•t
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t r'(cc- fur:: r 1 t - hneadaanannta and pu.r'ena to h l R..R. enywi.e
a 1 1 riser- n aird.r and d•n,r.l. u s and profits thereof: and all the
•.. mu., rya, - 1 n l ill n.:au,.•.rr of the saed pert t i. of the first part,either in :•u or
f
iRu:t .f r Sr ' al. I pre 1 the here:eamenes ar!appart.nances
T •II k VF.d. la TI,1101.a the a , e v. 1an .ned and Ies:rl`_e.:...ith the appurtena:-e. unto'.F. .•id
a.. y • , r Ip. .fan \ -fin Pat t[c4 •f the flntp t r
•If 4Ja 1 tt at - n'^t,grant t resin ad and 1 the
a1I .t'. t : a that at :h.. , of tF auR and ' .. - n• if then
..
t- n I IIIt t^ 1 Lt t 1 ul u 'I M I h n er •'m Il r
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C I:'.ri[:R'.L G.L\Y .,.... cl:.i.i.r ti:::.; .
If 1224 REC 02170912 02/15/89 11:19 $8.00 1/002
P 1177 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO the Grantor or Grant irk
I
• , at the and County of Poulder ,and Stale of Colorado
for and in consideration at the sum of TEN DOLLARS and other good and valuable considerations to the said Grantor or Grantr.rs
�' m band paid,the receipt whereat is hereby confessed and acknowledge°,have granted,bvgalned,sold and conveyed, and by the,e
Presents do hereby GRANT, SARCAIN, SELL AND CONVEY unto
The Department of Highways, State of Colorado,
% Grantee,its successors and assigns forever, the following real properly situate in the and Cor.nty ct We ld
` ON ord Stale of Colorado,to-wd''
I
� A tract or parcel of land No. 12 of Colorado Department of Highways
l
\ P\ Project No. S 0048(1) containing 9.17 acres, more or less, in the S 1/2 of the
1, S 1/2 of Section 32, Township 1 North, Range 68 Weat, of the Sixth Principal 1
Meridian, in Weld County, Colorado, said tract or parcel being more (f
particularly described as follows:
I .
Beginning at a point on the east line of Section 32, T. 1 A„ R. 68 W„
from which the SE corner of Section 32 bears S. 0° 16' 30" E. a distance of
- 75.0 feet;
.._.�> .,;;.. 1. Thence along the east line of Section 32, S. 0° 16' 30" E. a `
distance of 75.0 feet to the SE corner of Section 32; 1
2. Thine along the south line of Section 32, S. 89. 5d' 30" W. a If
- - distance of 5,288.6 feet to the SW corner of Section 32; I.
?: '',3.- Thence along the west line of Section 32, N. 0. 23' E. a distance
of:125.0 feet;
...!.,k.-"'Thence N. 89. 51' 30" E. a distance of 30.0 feet to the east right I
- of way lino of the County Road (Jan. 1964);
5. Thence S. 44' 52' 30" E. a distance of 70.4 feet; I
• r
6. - hence N. 89° 51' 30" E. a distance of 5,207.7 feet, more or less, to
the point of beginning.
• The above described parcel conataina 9.17 acres, more or less, of which
6.12 acres are in the right of way of the present rood.
Reserving unto the grantor or grantors all coal, oil, gas and other hydro- I -
• carbons, and all clay and other valuable minerals in and under said premises; -
" provided, however, and the grantor or grantors hereby covenant and agree, that the l
i grantee shall forever have the right to take and use, without payment of further fffl
compensation Lathe grantor or grantors, any and all sand, gravel, earth, rock
and ocher road building materials found in or upon said Parcel No. 12. The
grantor or grantors further covenant and agree that no exploration for, or
development of any of the products hereby reserved, will ever be conducted on or I
from the surface of the premises hereinabove described, and that in the event
any of such operations may hereafter be carried on beneath the surface of said
premises, the grantor or grantors shall perforce na act which may impair the sub- '
. surface or lateral support of said premises. This reservation, and the covenants
and agreements hereunder, shall inure to and be binding upon the grantor or
grantors, and their heirs, personal and legal representatives, successors and
assigns forever. '
nnwM YLtASi NAIL la P t
J Ilirowdy,at fa,SUN a Words se 1
.dl..t urldme at 0 V I'dl I�al pletin AMItOll m u.�n.,,Cww rs n
ela Siva OD o N Af lfMlnly lasHAlfly tress M nN 3 V
I o mo F �L—
1 — -- - -A,,--e,.'T—n,
r•'1 57. e.]
.,.... .�.. .-..per.. s..— .,..-.---•. .
•
1
1 ; lLl
fife 1 1 0 ' /15/f19 11 1 $5 00 2/01 - -.
i• 11?8 FAI N I LIN CLIulIK 4 I E, OIUI a WILD CO,
i T tE0 *Wi o.l and a ngular.M tr/[lam is oel cfcu .'none Ie^reJ to.,>v g er n / e cc le- 7 d he
I i son and ',S and remainders.r.nls. , aa and rrolts Icrcof, and ull the ex tale, ',gl file, nleest ]r :d der n^
I .rcl is e said Gran C'or Granter; either in law or equllg at, in and to We aro'e E rg mod premise; r'm l h c t c'd
It•ra nnau l. m 'nu,h. J r..b.e uA
TO .Jc ,S 'a TO TOLD .be edreaIs, above E garedn 1 describ'd r wncL.uend, 'r 1 0.e:w]rd,
its successors .t" 1 r_ ,1d Ilia a. Grower cr : l.,n fur Ir, el'er, -'
e..1 Ih' e J d l a. II p 1 r ! - 1 cry ;'t
;rant bargain 'a' u. and __.'.c c r se, i
to tow o es r s 'Us/ e' q .good d ell p c _s a0 [cn Is ,n of c]sue-= p c v
I _n1 yto s] r -7
•
form n es ..a hade - hl lull m oil and an a. 1 n sales I cnd
cer krn e..d al!re occ aby,through
hear from all air grants,['argon's,
sales,
:he ca dl Sterile, Cr Grcr,lore willu,yc /ralJw'al-
alp! I'E Cr E.CEA seover,Ey,:nrouyner'rr_er the GI„nlo or
FOREVER CE.cE/�0 the above bargained premises in the quiet and peaceable possession of the said Grantee,and its success ire
and assigns, a go'.ml nil and every person or parsons lawfully claiming or Ia 00m Ire whole er any cart Inereaf,by,trough Ceun ter t
the said Grantor or Grantors.
IN NITNES5 WHEREOF, the said Grantor or Grantors have hereunto set their hands this-_ -_c----dos of — 1
A.D.. 19 L'.�. .I .
i1�_- — -'
Signed in the presence of: (J i
CIA212 ,".RRENCE GP VL
t n )a,,„,,. ..
GLADYS }IE RY j i •
STATE •
OF y O �IP r•.A V i .. ., ' _ f
ss. 1 ,
,.ga.Counly of r!F" 1 S�i /P/.,/- i - _ ,
• a 0 day /T/'/'// ,19 Z.11,• i
41../A}�,� faregorrdcdtdirument Wos'ocknawledged before me thisot
•
i T1,- AI' rs•- !
. by • CL1 rack:. qt..Y AND GLADYS HENRY _ —• ,t( Fief Nc *QIry hand and Official Seal, /,
My Cartimissloh$pires:Lly(,gUlU16SrSIatl7Slfims 1'UI!76s 1967 - Boren Pubic
I
•
STATE OF _ .... T1� r
. and County al -)eL 1
._e.. i
(`
The foregoing Instrument'Wos ockpowledged ,before-me fbi; 4oy of - - - - 'I9—, I
•
WITNESS my hand and Official Seal, i
My Commission Expires: — won harts i
i
1.-a ip ---- fq Ird i •
} H `.w,1 '� c Y l 1
f
�' •� xo B s 3 9 e1 i
b Y I
P. � � § v4 ] :
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Cq 4. o e gF .gB i 3 ' vs! 4
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•
CI1 iINI:EX INQUIRY III F'INO16
P1Cr-'AUX LYLE VI_0c 072
SW4 PT X932 T01 R68
05/71/77
PICRAUX LYLE Z•-00295
SW4 PT 972 TO1 R68
A•--C--!-;Iv' 12/05/77
P I CRAU-; LYE Z-00312
SW4 PT 6:72 TO1 R68
CO A-C WITH F`UD 08/30/78
PIC_RAUX LYLE & BETTY VI-C'1661
SW4 9L44. 932 -rill RL-8
CASE CLo2E . 04/29/91 01/28/91
F'1CS'nU LYLE & BETTY VI-01662
SW4 9W4 9.2 I O 1 R68
CAGE CLOSED 04/19/91 01/28/91
C0!••I•rII'.IfUE Ii'II::UIR'i I RETURN IC) MAIN MENU = M RESTART INQUIRY -- R
ETURN TO CND MENU = E CHANLE RECORD (POSITION CURSOR) = S
.;1F: 0-001
Ci-AINDEX INQUIRY WBPINC}.1,L
PICRAUX LYLE tj & BETTY L VI-01712
I IW..3 LI:i.:. PT .2 TO1 R68
CASE: CLOSED 2-28-89 89 01/19/89
c:'::CF: UX LYLE J & BETTY L VI-01374
l'1 972 TO I R68
-, F T r- t
iw:.;::i:; =L J EE1 1/5/90 06/20/89
I.441. PETTY NCU-00215
� +' ;:1_i . PT 832 TO.]. Roe
FrAPC TP: R PARCEL. J:NUU1r i'17'311 ! 'i'Fi: 1.9°1. ATI.fNC=
F'II':I: 507.— L06 PAP_: 146';,•:".2Ot:O.i;'.8 LAST '.Jp'DPTE. 07/29/ 1991
1991
F'ICF(UX LYLE 3 "c BETTY L ACTIVE OI`•I: 09/16/•!996
INACTIVE ON: / /
MAP;'
F. :� }3 U X -;r 0
LAFAYETTE C: 90026
T(,< ARE-:'l 1.77I . 007758 1'?90
l"f_ I 2- 9: :=S 04/m/1991
LAST A=._3:39 i tz600
r}•.• Pr•=1- -q r�•r-• 9190 1671t i
LA;:IT ASSESS 25790 4127 19, 9: 290
F'I 1 r'R YEAR ASSES,S TOT LAND 16600
REC DT DEED TP
MUNEER WOL
DOC ,'EE 0. '1i:1 2220 7/20
22= 2070
1
2ffO2, E —I's :;41'!'':344 4 EXC N3:t:r. 1 e;:133 (: . SF:) TOT DLDOS �::19
.. _..
PF3: PROFILE PF5: L EOA:.._S PF7: NEXT PARCEL_ F:F ].; MENU
F F4: O1}.iHE'W3 DOC .1I ST PF 10: FLOC PF 12 REAL
1iESSAO4:.
4D 0-001
( =:111' ''f:; t '. ::='i?l WELL) COUNTY ASSESSOR 1T f 4?PO I.7
i_El:rI_ 1.)ESCR II'4UEJTRY
L�.. L DE.., �.• t.., _.h. 07/17/ 222.. t: O 0�'
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