HomeMy WebLinkAbout780035.tiff 800‘ Recorded at �i �J J/N 12 1979
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Rec. No. 1'7'78581 if past.. te-o sdtLw
'
RESOLUTION State of Colorado, Weld County Clerk Cr Recorder
RE: GRANT CHANGE OF ZONE FROM A—AGRICULTURAL DISTRICT TO C-COM-
MERCIAL DISTRICT FOR LYLE PICRAUX, P.O. BOX 70 , LAFAYETTE,
COLORADO 80026.
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 14th day of Decem-
ber, 1978 at 9 : 00 o' clock a.m. for the purpose of hearing the
petition of Lyle Picraux, P.O. Box 70 , Lafayette, Colorado 80026 ,
requesting a change of zone from A-Agricultural District to
C-Commercial District for the following described parcel of land,
to-wit:
A tract of land in the Southwest one-quarter of
Section 32, Township 1 North, Range 68 West of
the Sixth Principal Meridian, County of Weld,
State of Colorado more particularly described
as follows:
Commencing at the Southwest corner of said Section
32; thence N0°27'37" E along the West line of said
Section 32 a distance of 50.00 feet; thence S89°25'
15" E a distance of 30.00 feet to the true point of
beginning; thence N0°27'37" E along the east right
of way line of County Road No. 3 a distance of
940.81 feet; thence S89°22'25" E a distance of
689.91 feet; thence S0°27'37" W a distance of
252.30 feet; thence N89°22'25" W a distance of
342.91 feet; thence S0°27'37" W a distance of
688.22 feet metre or less to the North right of
way line of Colorado State Highway No. 7; thence
N89°25'15" W along said North right of way line
a distance of 347.00 feet more or less to the
point of beginning.
Containing 9.479 acres more or less.
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 by the petitioner of certain facts, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the petitioner and the recommendations of the Weld County Plan-
ning Commission, and having been fully informed, is satisfied that
the request for re-zoning complies with the Weld County Comprehensive
Plan and the conditions set out in Section 8 . 2 and 8 . 3 of the Weld
780035
1 A 76681.
a° 859
County Zoning Resolution, and
WHEREAS, the Board finds that changing conditions in the area
justify the re-zoning from A-Agricultural District to C-Commercial
District.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the petition of Lyle
Picraux for a change of zone from A-Agricultural District to
C-Commercial District on the abovedescribed tract of land be,
and hereby is, granted.
BE IT FURTHER RESOLVED by the Board that the reasons for
approval contained in the Planning Commission recommendations
dated October 17, 1978 be, and hereby are, incorporated 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 14th day of
December, A.D. , 1978 .
(7 - ,L . BOARD OF COUNTY COMMISSIONERS
ATTEST : � I�`- 'w `4 Lr� ID COUNTY, COL 0
U /Protein
wele�`County Cleik and Recorder �/,9712/1-5,, ,....77-71,1.)
he
k to. the . and
\ d _ .tai
By: 1 -
��_ Deputy Coun ler
APP O AS TO FORM: 4 mat-,--- CfiI��F�¢o
County Attorney
DATE PRESENTED DECEMBER 18 , 1978
December 14, 1978
I hereby certify that pursuant to a notice dated November 9,
1978, duly published November 9, 1978 and November 30, 1978
in the Johnstown Breeze, a public" hearing was held on the
request of Lyle Picraux for a change of zone from A-Agricultural
District to C-Commercial District. Lee Wilson, Legal Counsel,
for Mr. and Mrs. Lyle Picraux, presented the request for the
COZ. Mr. and Mrs. Lyle Picraux answered questions. Mr. Wilson
presented a letter from the Town of Erie regarding their
comphrensive plan, it was marked exhibit 1, ten photographs,
they were marked exhibit 2, and a letter from Kenneth Pratt,
an adjacent land owner in favor of the request, was marked
exhibit 3. Fred Vigil, an adjacent land owner, stated he
was in favor of this request. Commissioner Roe made a motion
to continue this hearing until Wednesday, December 20, 1978,
during the regular board meeting and to accept additional
testimony at that time. This motion died for lack of a second.
Commissioner Jacobucci made a motion to approve the COZ because
the soil is the lowest type #6, the property is situtated along
a State Highway, and the conditions in the area have changed
since a similar request on this site was last heard. Commissioner
Carlson seconded the motion and it carried by the following
vote. Commissioners Carlson, Dunbar, and Jacobucci voted aye.
Commissioner Roe and the Chairma o Tem voted na . /,
Ch rman Pro Tem
Board of County Commissioner
Weld County, Colorado
Weld County Clerk and Recorder
and-E1erk to the Board
*: 1 C^.-„mow I V C -G,- eputy County Clerk
(./ J
Docket #78-77
Tape #78-160 & 161
ruBLt Siva AFFIDAVIT OF PUBLICATION
Noun;
hi tilerlaws'of THE JOHNSTOWN BREEZE
Comity ndUsethe Weld STATE OF COLORADO )
hearing will be held to the ) Ss.
re of theialre ofCounty COUNTY OF WELD )
Colo adO,,w ie Can
CantColorado,
o�5 In I, Eugene Thomas, do solemnly swear
pe many that I am publisher of The Johnstown
d- Breeze; that the same is a weekly
of may be a newspaper printed,in whole or in part, and
and may be hea*.�• peat the published in the County of Weld, State of
toat�andmat*K Colorado, and has a general circulation
may be County,P aunt ! jt f
nsotpceot therein; that said newspaper has been
the Coonyerh to ' logaoetaam published continuously and uninterrupted-
tale.Yl6 eei e'�'nid°a ly in said County of Weld for a period of
Floor, a1 more than fifty-two consecutive weeks
prior to the first publication of the annexed
Lyle Piers= legal notice or advertisement; that said
P.O Box7a
Lafayette:Colorado 80026 newspaper has been admitted to the
Date: December 14. 1878 United States mails as second-class matter
Time: 9:00 A.5. I under the provisions of the Act of March 3,
1879,or any amendments thereof,and that
Regaest: manned Zone;dni said newspaper is a weekly newspaper
A-Agricultural District to C-Corn
menial.District* duly qualified for publishing legal notices
LEGAL'DESCRIPTION: and advertisements within the meaning of
A tract one-quarter Sectlon of lan Southwest the laws of the State of Colorado.
82, Twn-
sshiplNrth oRfanae 68 West oof the That the annexed legal notice or
Sixth Principal Meridian County advertisement was published in the
o[Weld, state of Co meade more regular and entire issue of every number of
earLieWar1v d So follows:
Comerotsaq a°si ng 32' theeee said weekly newspaper for the period of
Comer of eats Section 89; thence
NO degrees 27' M" E along the
West hue of said Section 32 a ....a....claws:eat-Wsinsertions; and that the
distance of 60.0p'teet; thence see first publication of said notice was in the
degrees 26' 16"E a distance of
80.70 feet to the True Point of
6378 alongtthe!Easstt degrees issue of said newspaper dated 9 ,
line of County-.Road No. 8 a
distance of 8411.81teat; thence 889 A.D. 19 7g , and that the last publication
degrees 22' 26" e a distance of
.91 feet thence SO de es,27' of said notice was in the issue of said
87" W a distance of 267.80 feet;
thence Nap degrees 22' 26" W a newspaper dated mod' 3° A.D. 19 ��
distance of,842A1 teat; thence 80
degrees et 87' W a dlatance of In witness whereof I have hereunto set
North feet more-or leas to the 1
dtl' ale Highway line ; Colo-
rado my hand this/5r day of P"�'
N9dLaaCcrceeFl 5 20X No.along said
North elxhte-ot21•fy'day a dike
of 347.Oefeet men or less to the A.D. 19.1Y....
Point of Beginning. Containing.
9.479 acres mote,or less. C'
THEE��6'COUNTY At? - '-`n --
SCONERS /�
2-12
wcLDCO coLORADO Publisher.
BY:MARY p�'}EN UEyRt'2.trRK
AND CORDER AND Subscribed and sworn to before me. a
CLERK 'OTEIEBOARD Notary Public in and for the County of
BY:Rita JaKummer.Deputy Weld,State of Colorado. :his !/'�^' day
DATED: NCNedhber 6, 1978 b
ptBLISNED: November 9, 1978 of .��-- A.D. 19 7
Jons ohtown B se 30, .1878 in the
Co. Legal 78-948-Clerk to Bd. --C-//:a. 1 -----1"`-{`--4-'
- Notary Public.
My commission expires '/-/- f 7
AFFIDAVIT OF PUBLICATION
LONGMONT DAILY TIMES-CALL
State of Colorado ) ss
County of Boulder )
I Dan H. Shrader do • *once
Pursuant to tha zoning laws of 1h State
solemnly swear that the LONGMONT DAILY TIMES-CALL is a of Colorado and the Weld County Land
Use Code.a ppbll¢l,earinq will be held in
daily newspaper printed, in whole or in part, and published in the Chambers or the.Board of County
Ctlmmissionere of Weld. Countyt COI-
the City of Longmont, County of Boulder, State of Colorado, oredo,Weld County Centennial Center,
91$10th Street,Greeley,Colorado,at the
and which has general circulation therein and in parts of Boulder time specified.All persons in any man-
tear interested In the'following proposed
and Weld Counties; that said newspaper has been continuously Change of Zone are raluested to attend
'
and uninterruptedly published for a period of more than six months BE IT ALSO KNOWN that the text and
maps so certlfied''by the County Planning
next prior to the first publication of the annexed legal notice CommISsIon mme examined
In the
Of-
fice a Cowl-
of advertisement, that said newspaper has been admitted to the ty Commisskners,located In.the Weld
County- Cenl MI Center, 915 10th
United States mails as second-class matter under the provisions sfreet third NM.Dreeld.cmoratlo.
Docket No.714t'
of the Act of March 3, 1879, or any amendments thereof, and Lyle Plcreux
P.O.BOK 70'
that said newspaper is a daily newspaper duly qualified for publishing • Lafayette,Colorado 80026
Date:December 18,1978
legal notices and advertisements within the meaning of the laws •Time:f:pte.M.
Request: Charge of Zone.from A-
of the State of Colorado; that copies of each number of said Agricultural District to C-Commercial
District
newspaper, in which said notice or advertisement was published, LOCATION: Approximately two miles
South of Erie,Culoredp '
were transmitted by mail or carrier to each of the subscribers .THE BOARD OF COUNTY
COMMISSIONERS
of said newspaper, according to the accustomed mode of bn$;less • WELD:COUNTY,COLORADO
BY:MARY ANN FEUERSTEIN
in this office. COUNT)!ND CLERK TO THE BOARD
BY:'Keitha Hubbard.Deputy
That the annexed legal notice or advertisement was published DATED:November 6,1978
Published in the Daily Times-Cell,Long
moot,Colo..December 4,1978
in the regular and entire editions of said daily newspaper once Mk -
*ISMSiViligUliK Dg1(XdfXdOlet VOA for the period of one (1)
ii
consecutive insertions; and that the first publication of said notice
was in the issue of said newspaper dated December 4
19 78 and that the last publication of said notice was in
the issue of said newspaper dated December 4 19 78
In witness whereof I have hereunto set my hand this 4th
day of December 49 7
Business Manager
Subscribed and sworn to before me this 4th day of
December 19 78 LL
My Commission Expires ..�:�/JLenEle4_' .i 6.,.../272
Q..:?a.i..C..4.� //4l) / ,R..?zd./14ci t-ek 1
Notary Public
FEE $ 11.Q2
1-1300-02
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Land
Use Code, 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, 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.
Docket No. 78-77 Lyle Picraux
P . O. Box 70
Lafayette, Colorado 80026
Date: December 14, 1978
Time: 9: 00 A.M.
Request: Change of Zone from A-Agricultural District to
C-Commercial District
LEGAL DESCRIPTION:
A tract of land in the Southwest one-quarter of Section 32 ,
Township 1 North, Range 68 West of the Sixth Principal Meridian,
County of Weld, State of Colorado more particularly described
as follows:
Commencing at the Southwest Corner of said Section 32; thence
N0°27 ' 37"E along the West line of said Section 32 a distance
of 50. 00 feet; thence 589°25 ' 15"E a distance of 30. 00 feet to
the True Point of Beginning; thence N0°27 ' 37"E along the East
right-of-way line of County Road No. 3 a distance of 940. 81 feet;
thence S89°22 ' 25"E a distance of 689 . 91 feet; thence S0°27 ' 37"W
a distance of 252. 30 feet; thence N89°22' 25"W a distance of
342. 91 feet; thence S0° 27 ' 37"W a distance of 688 . 22 feet more or
less to the North right-of-way line of Colorado State Highway
No. 7; thence N89°25' 15"W along said North right-of-way line
a distance of 347 . 00 feet more or less to the Point of Beginning.
Containing 9. 479 acres more or less.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Rita Jo Kummer, Deputy
DATED: November 6, 1978
PUBLISHED: November 9, 1978 and November 30, 1978 in the
Johnstown Breeze
A I'I'I. 1c A I: C : LYLE P ICRAUX
•;.. : 2: 00 PM �.�� ;. i. l ;, n
11AI'i- : DECEMBER 14 , 197
It RIl1I P::.'I' : —.OZ, A TO C
NAIF. __ .... _..--..... --
L��;_ i k. ( t t (''o� ( Hi(ti (,. oc.. S S . �3 '7 r�I. L7�1��1,' . - - _ _ _
--- li.- "..6..40 /rd. 5. . _____---
664-7:/e. ,---..../ - ,_,
i
i
TOWN OF ERIE
FIRE DEPARTMENT
645 HOLBROOK
POLICE DEPARTMENT BOX 98 828-3232
828-3200
ERIE, COLORADO 80516
828-3843 449-3085
October 30, 1978
TO WHOM IT MAY CONCERN:
The Town of Erie is currently in the process
of compiling a new comprehensive plan.
The plan should be adopted within the next
six months.
I�t 7r
Glennie Sleight
Town Clerk
The Pratt Agency, Inc.
2130 MOUNTAIN VIEW P.O. BOX 801 LONGMONT, COLORADO 80501
REALTORS SINCE 191E
(303)nR-0095
METRO Add-0228
November 6, 1978
Weld County Commissioners
Weld County Planning Board
Weld County, Colorado
Gentlemen:
It is my understanding that property owned by Lyle Picraux is
currently in the process of being rezoned. My Mother, Anna Pratt,
and I own property within 500 feet of the subject of the rezoning,
and therefore, wish to inform you that we have no objections to
Mr. Picraux' request for commercial zoning.
If you would like to contact me for further input on this
zoning request, please feel free to call or write.
Res ctfully submit
Batt
KEP/se
IL
REALTOR
/x' 17
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
Betty Pucraux
hereby petition you to grant this
rezoning nng request and to change the Zoning District Map so that the
property involved shall be rezoned from "A" Agricultural
District to nc- commercial Zoning District .
SIGNA E MAILING ADDRESS DESCRIPTION OF PROPERTY
r7"r J/ 17, C 14/ r'
(.rce] : , (2o 1. 1/4"
I p• i1 I ' iY�!'.� ' „ ';ilL:. .
Nov( 9 , 1 97 , 19
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L978 I (.. u;1i . : ,. . ; iri , (;(-
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1/47
i),.�, , C1 ,:c. .. C . ,crL
DATE :
October 25 , 1978
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 hearings for the 14th of December , 1978 at 9 : 00 A.M.
Boulder Scientific Company
Boulder COZ , A to I
Lyle Picraux
Lafayette, Co. COZ , A to C
OFFICE OR THE CLERK TO TV BOARD
(-) a
BY: y�-TA42 Cj l-c,„m e ,Deputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMFSSIONPIIts
WELD COUN'T'Y, COLORADO
11
T ) ly ter 2mJ)�
� ?l�l/�>�
Lyle Picraux
P.O. Box 70
Lafayette, Colo. 80026
Weld County Board Of Commissioners
P.O. Box 758
Greely, Colo. 80631
Re: Lyle Picraux
Change of Zone from "A" Agricultural Zone District to "C" Commercial
Zone District Pt. SW%, Section 32, T1N, R68W
Location: Northeast cornerof the intersection of County Road 3 and
Colorado Highway 7.
We would like to continue for the rezoining of the above stated property.
We will pay for any Advertizing concerning this request.
Respectfully:
Lyle Picraux
WELD cony pr : ii- _
----
sLtFFI EY, COL.O.
BEFORE TN( ELD COUNTY, COLORADO PLANNING ( MISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date October 17. 1978 Case No. Z# 312 :78 : 16
APPLICATION OF Lyle Picraux
ADDRESS P.O. Box 70, Lafayette , Colorado 80026
Moved by Jerry Kiefer 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 District) to
C ( Commercial District) covering the following described
property in Weld County, Colorado, to-wit:
See attached
be recommend (TM-UM. (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: Fred Otis
Vote: For Passage Fred Otis Against Passage Chuck Carlson
Jerry Kiefer Frank Suckla
Jim Gilbert __Bette Kountz
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,
ipted
on October 17, 1978 and recorded in Book No. _ VI of the proceedings
the said Planning Commission.
STATE of COioRADD ss. Dated the 20 day of October , 1978.
COUNTY Oh VvELD of L+� Board
,.,h withthr C'.c�..
of County Co-. riS �
0CT `U31978 Qv
Afkl . Secretary
COUNTY 4F ,nD wr=cuD,R
By __Deputy
•
„0 Legal Description
• A tract of land in the Southwest one-quarter of Section 32, Township U
1 North, Range 68 West of the Sixth Principal Meridian, County of
4
Weld , State of Colorado more particularly -described as follows: ON
Commencing at the Southwest corner of said Section 32; thence N0"27 ' 4(
37"E along the West line of said Section 32 a distance of 50.00 feet;
. 11
thence S89°25'15"E a "distance of 30.00 feet to the true point of be- '
sinning ; thence N0°27'37"E along the east right of way line of County .
Road No.' 3 a. distance of 940.81 feet; thence 589922'25"E a distance '
of 69. 91 feet; tthence 50°27'37"W a distance of 252.30 `eet; thence
N39°22' 25"W a distance of 342.91 feet; thence S0°27 '37"W a distance
of 638.22 feet more or less to the North riiftr. -.4f way line of Colorado
Stale Highway No. 7; thence N39•25' 15"W alone sail North right of way
line a distance of 347.00 feet wore or less to the point of beginning,, _
Containing 9.479 acres more or less. , v.4
Lyle Picraux
Z-312 : 78: 16
P. C. RECOMMENDATION
October 17, 1978
It is the opinion of the Planning Commission that the applicant
has not 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.
Section 8. 3 further states :
"There must be definite proof that the area requested
for change has unique characteristics which distinguish
it from surrounding lands and thus make its rezoning
essential . "
Again , it is the opinion of the Planning Commission that the
applicant has not 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. "
As such, it is the opinion of the Planning Commission that the
approval of this request would constitute "spot zoning" and
would establish an undesirable precedent in the immediate area
and other parts of the County "simiarly 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 urban 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.
Lyle Picraux
Z-312 : 78 : 16
P. C. RECOMMENDATION
October 17, 1978
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 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. "
The Town of Erie Planning Commission has recommended denial of
this rezoning request . The Erie Planning Commission has
indicated in its letter dated October 6, 1978, that "The Town
of Erie has in the past identified the best use of this area
as being residential . Therefore the Town of Erie Planning
Commission has voted to deny this request for change of zoning. "
In addition, the Erie Board of Trustees in a letter dated
October 11, 1978, has recommended that this rezoning request
be denied.
Section 6-2 of the Erie Comprehensive Plan outlines the criteria
and principales adopted by the Town of Erie which act as
guidelines for future development within the area encompassed
by the Erie Comprehensive Plan.
The criteria and principales contained in Section 6-2 of the
Erie Comprehensive Plan which are applicable as guidelines for
commercial development of this nature are :
Lyle Picraux
Z-312 :78 : 16
P. C. RECOMMENDATION
October 17, 1978
"A. Provide for orderly development through extensions
of existing land use arrangements and public
facilities in order to prevent requirements for
municipal administrative expenditures and
development of physical improvements beyond the
financial means of the community. "
"B. Maintain the business district of Erie as the
dominant retail center of the community . "
As indicated by the Town of Erie Planning Commission, this
rezoning request does not comply with these guidelines.
Further, the proposed rezoning request does not conform with
Plate No. 9 - Land Use Plan, Town of Erie Service Area, which
delineates the future land use designations within the Erie
Comprehensive Planning area. The property in question is
designated on the Erie Land Use Plan as future suburban
residential development with a density of one dwelling unit
per acre. As indicated by the Town of Erie Planning
Commission, this rezoning request does not conform with the
future land use designation for the area in question.
Additionally , it is the opinion of the Planning Commission that
the rezoning request does not comply with the policies contained
in the Weld County Comprehensive Plan relating to commercial
development .
The policy contained in the Weld County Comprehensive Plan
which is applicable to a commercial development of this nature
states :
"1. Commercial development will not be encouraged in
the unincorporated areas of the county unless it
can be shown by the development that the proposed
commercial use cannot reasonably be located in an
urban area. "
It is the opinion of the Planning Commission that the applicant
has not demonstrated why the proposed commercial use cannot
reasonably be located in an urban area.
Lyle Picraux
Z-312: 78: 16
P. C. RECOMMENDATION
October 17, 1978
3. The Adams County Planning Department is not in favor of this
request . In a letter dated September 15, 1978, the following
is taken :
"It is felt that such an activity which is not related
to agricultural productivity is inconsistent with
surrounding zoning and could have a negative impact
upon zoning in Adams County. There are no commercial/
industrial activities existing in this area and the
location does not provide the infrastructure to support
a base for a commercial/industrial center. The
existence of such new activity could induce requests
for unrelated and scattered rezonings in Adams County
which would not be desirable . "
INDIVIDUAL COMMENTS : REASONS FOR VOTING NO
ON SPLIT DECISION
CHUCK CARLSON: "To qualify my No vote, I do know this property.
I went past it a couple of times just to inform
myself . I think the terrain is rather rough
to be adequate for agricultural use . I read
in the leaflet that we got that the soils are
No. 4 soils which don't lend themselves to
agricultural use very much at all. That is a
fairly poor soil and I see the Town of Erie
wants to come out right to these people but
not to include them and then say no to them.
I just can't go along with it . "
FRANK SUCKLA: "My position is pretty much like Chuck' s. I saw
it and the particular area where this property
is located, the terrain is pretty steep. I
don' t know what the grade is , but it is pretty
heavy soil . Like Chuck said, Class IV soil ,
and the land across the road in Adams County
is much worse. It is suitable maybe for dry-
land horse pasture . "
BETTE KOUNTZ: "The reason I am saying let Commercial zoning,
the Town of Erie--I agree much with Chuck and
Frank, and they said residential--I think is in
the letter, isn' t it , to go to residential . If
the land is that way, if they are going to
build residences , they are going to have to
have to really build it good. If the hill is
so steep , it will wash away or something. "
INDIVIDUAL COMMENTS : REASONS FOR VOTING YES
ON SPLIT DECISION
JERRY KIEFER: "Basically I believe that the staff comments
are valid and especially insofar as the Town
of Erie has made the statements . It is true
perhaps their plans might change, but as it
is now I believe it is contrary to the Town
of Erie' s Comprehensive Plan . "
JIM GILBERT: "I support the motion on the grounds that I
really believe this is spot zoning. And that
if we allow that type of zoning in that
particular area on that particular road that
we are opening up to many many more requests
and I do not believe that it is the suitable
location for commercial zoning and I have
also examined the property. "
FRED OTIS : He did not indicate his reasons for the
position he took on this request .
I 1 1 I II , n Li ivIIIIIN( I ;I_ IiVICLS
rIluNE (703) 3564000 EXT, 400
1414V
, i , 'I , ,i /, ', )5, 0 10TH S1IIEET
��h,ll ., I ,tl.I i f GnCCLE /, COLORADO 60631
e
C.:Lo li.AJ.] U • -
id(YI' I ('1', Ur 1'11191 ,1 (' 111../I.1. 1 HI;
'lilt; 1.;,.: ft li ('"un l }. 1' 1 ;1'1,11 i 11 COMIC i ..; inn Will r„11(1111' 1 :I 1111111 H1 hear-
i 1w on October 17, 1978 a1. __.1 . 30 p . m. 11 rev inv.,, f1 request
.1nr ;Ilnlr, 1t'a I of a change of zone from "A" Agri cu I Loral'Lone District
to C" C moreial Zone District With 1 Planned Unit—De elopment
Iro11, taux_ uu I parcel 11 1 1O11(1 (It`:;c1'i bed as
_Pt S.W.a_, Sac— 32,__ JJ4.,SG81 O_1_1_li Q_U __11,in._._-3ie_Lsl_CoiiflLy, Colorado
cc.nr;liuin 9 ,479 acres ;IPI1'r• or 1L.,.. .
'1'll1 :; hill) I IC h"uric;; I (, bn h(' I (I Im the 111` I11 ('nunI.S P1nnaia1; (Minni .-
; I , n lot. I Ito nom : (I('rnl. ion of L'u(' nlluv(' i't' f' I nl'n11 r'cqu1•ot will bo
• •
to ii(Inc Lt''i i ii Lh': l';(` I (I ('(,nn Ly Comm ss i ouvr. : 'Ina i n`' Roam , First
1' 11 )111' , ','‘'1 H ('.t,llilll' I '1J111 ' nii IIl ('til I el. , x' 1 :1 1111.11 HI I', " ' L , (iron fry ,
(,U I UI';I iln . ('. ii: i,,1'III :, 1 , r 1,l, luc I. roil:: r,• 111I ncll In III, ' ;11,1( e i.t'g11oc I.
should U' - niliHnil. tl'(I in '.riI, ifir I Lin' Vin I11 (Hun ' v 111.11ni. iHICr . of
I, I :I III; ilir ' urv' Iin's . '11 T. Inth Sin -i L , Cry, - I1 .;' , bnIitiachn (;0(;31. ,
heI , pi„ I.Ii - :duly, ' (IaLt• or presented at liii' liiiUIic heariiii on -
OctoUe.r1(i-, 1978 •
PUBLIC NOTIcI'
(.o1) 11ti O1 1 11 ;IN) ! i (•CL n io are at ;li. I al)1 ' for 11111) 1 X'.1 111:;11O(
Lill D('1111_1' 1111(11L UI 1)111.11I1] Ilt[ 5( 1vLCU ; , Room :11 O, �Wt' I (i (,oLlni NOTICE OF PUBLIC RE RING
119 IC)Lb St ree!. , Grcelc} Co of 11(1O The Weldillcoounty PlanmgCom-
('r`1111'1111 I :1 I C 'II I.(`1' , - ' r mission will conduct a public
hearing on October 17,1978 at 1:30
OX1.1`11:;1O11 •10'1 ) . p.m.to review a request for
apQmval of a mange of zone from
'C' CommercialZone
t
(Thin 1': 0: 1' 1 :n l l , C I l'1 I ' 'Ii:111 with a Planned Unit Development
from Lyle Picraux on a pparcel of
l'iI'' 1 (1 CoiiIi Lf' 1.Inun i n(, ('.11111111 I.Rs:ion land described as Pt. SW%, Sec.
32, TIN, R98W of the 6th p.m.,
Weld County,Colorado containing
9.479 acres more or less. ,
TO ho pith I blind 111 lb(, : -JohnW Qwn uro.eze' __—__ This joublic hearing to be held by
the Weld County Planning Com.
mission for the consideration of
Ti' 1)O 111111 I Iii'XI 1111(' I. IlIl(' by 1 7 the above referenced request will
ScRtc!nbcr Z1.-] .! ( pub be conducted fn the Weld County
Commissioners' Hearing Room.
First Floor,Weld County Cente
nlal Center, 915 10th Street,
or
Greeley,
tionsC Colorado.
related too the above
-,, request should be submitted in
writing to the Weld County
C�/ 6C�i'_cG vv"t __ Department of Planning Services,
1't✓.._._.
80 10th Street a ov, eaor
80631,presentedabove date at the public hearing on
1 7 a t(' : t U October 18, 1878.
Copies of the application Inspection
are
the for public Planning
the Department of l g
Services, l Cent 310 Weld County
Centennial Center,X16 10th roe ,
Greeley,Colorado(866-4000 a ten-
.
Won 404).
Chuck Carlson, Chairman_,
Weld County
Planning Commission
To be published in the: Johnstowr
Breeze '
To be published one time by
September 21, (07P (publlcatiR
• - t
REZONING AI PI 1CAT1 {IM
Dept. of P1i nnInq Services Perm : 1 I r,e : 4.'il% • a.° Cu ;e II :
915 10th StreetRev'�ri' rng 1ee :..:� '° 5( Receipt •Il-:.......!L5 _.c
plc
Greeley , Colorado 80631 • Apf: . ( h ' d Iiy : I _
Phone : 356.4000, Ext . 404 ---
•
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE-
MENTS : Print or type only, except Tor necessary signature .
1 (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 :
A tract of land 'in the :W-- of Sec. 32, T1P 1. north, Ranre 68 ',lest of the 6th
P.M. , County of Meld, State of Colorado, more particularly described as follows:
Commencing at the SW corner of said. Sec. 32, hence N0°?.7'37" along the
';lest line of Sec. 32 a distance of 50.00' , hence S89°25'1.5' East a distance
of 30.00' to the true point or boginninr, hence o27' 7" Ea:;t al.on1* the East
right of way lino of County Road 3 a distance of 940.81 ' , hence "9°2?'25"
East, a distance of 6e9.91.' , hence ':0027'37" ';est a distance of 252.30' , hence
1.89°?.2'?..5" '•lest, a distance of31x?.,.71.' , hence S0°27'37" .;ns1. a distance of
698.22' more or less to the !'orth ri.4t of way line of Colorado state Highway
7, hence r9°25115" 'est, alone; said :'crth right of way line a dAstance of
347.00' more or less to the point of beginrrin . Contai.ninC 9.479 acres more
or less.
( If additional space is required , attach an additional sheet of same size )
STREET LOCATION : State Highway 7 and ..te ld County Road 3 .
PRESENT ZONEA:;riculture PROPOSED ZONE • C-FUD APPROX . AREA 9.479 acres
PURPOSE : Develop pronorty for supply yard, sales office,and. storage facilities.
IS THIS AREA PLATTED : YES ( ) NO ( kF ' IF PLATTED , NAME OF PLAT :
IS THIS AREA TO BE PLATTED : YES ( ) NO ( X) . IF ANSWER IS YES , HAS PLAT
BEEN SUBMITTED : YES ( ) NO ( ) .
FEE OWNERS OF AREA PROPOSED FOR REZONING : s �'/ee r.'c' /
NAME : Lyle Ficraux ADDRESS : 7'x2'7-t-106 Avenue TEL. : 66 5 B
NAME : Betty Picrauw: ADDRESS: 3roonrf ield,--Co: TEL : 53-R
NAME : ADDRESS : TEL :
We hereby depose and state under the penalities of perjury that all state-
ments , proposals and/or plans submitted with or contained within this
application are true and ccorect to the best of mar knowledge .
our
1
COUNTY OF WELD ) •// ....--7-2--<!-€ 4te---
STATE OF COLORADO ) ' FICPAUX-C1,13.•IER
Si natur Owner or Authorized Agent
i3.1s 'TY PT ;AUX-W1'IER i
Subscribed and sworn to before me this JC) � day of ���z1'[,�.� 19 / .
l � j�
SEAL / 7 fci:44 ._, ..e.L...Y. t. '
My commission expires : , `) / _.
J
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
NAME MAILING ADDRESS
1. George S. °; Eth inston Helen Reynolds Heirs P.Q. Box 675, Lonmont, C0 80501
and Ray L. Reynolds
2. Anna M. °: Kenneth E. Pratt and Karen K. -Landers 2745 Grinne7 Dr. , Longmont, CO 80501
3. Dolores Betty Howe 1.340 Hol i y Drive •Test, '3roomf field, CO
�.___---- -- --- _—- -- -- - - 80020
4. Trustees of Wheaton Col]epe c/o James D. Daley
1900 1St Natf1 Bank Building
Denver, Colorado 80202
•
•
•
•
•
•
TO PETITIONERS FOR CHANGE OF ZONING
WELD COUNTY , COLORADO
Answers to the following questions must be submitted in writing with
your petition re-questing a change of zoning . It is necessary that the
Planning Commission have these answers to act on your petition .
1 . Is it impractical , impossible , or undesirable to develop the - land
according to its current zonin-g classification?
2 . 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?
3 . Would the proposed rezoning benefit lands adjoining the area
requesting the change?
4 . 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?
5 . Why are other areas in the County already zoned according to the
requested classification , unsuitable for the development which
is proposed ? -
6 . What proof of evidence is available that the original rezoning is
faulty or that changing conditions in the area justify rezoning
at this time,? -
7 . Please submit economic or other evidence that the area covered by
•
the petition needs additional Commercic7 or Business in the area .
(Tn be answered on changes requested for Business or Commercial ) .
B . Give some evidence of the proposed business or commercial enter-
prises that are to locate in the requested area and a tentative
time schedule for construction . ; To ire answered on Changes
requested for Business or Commercial ) .
•
I. . YES. The subject nroperty has severe contours making it itnmaetible
for agricultural Imrnoses. The sharp slope of the terrain would make it
very difficult for farm machineryto work the land and water runoff may
cause crop erosion. A large portion of the property is situated in a low
area subject to water ponding which would cause crop failure. The soil is
primarily ulm clay and not considered prime agricultural land.
2. YES. Mince the subject property is not suitable for agricultural
purposes, no revenue will be generated from the property. By establish-
ing a business enterprise on the property, increased tax revenues will be
realized. In addition, the business will most likely employ some Weld
County residents. The type of business use as is proposed is limited as
to where it can be located within the County and by locating it on the
periphery of the County and developed areas , tin bus:i.nruses as proposed
will not create any conflicts with surrounding roperty development.
3. YES. The surroundings land is scheduled for residential development and
the installation of other commercial. uses including an air field. These
developments could directly benefit by the use of the proposed storage
facilities as well as the close proximity of the construction business if
needed for some of the area's construction needs.
It. Due to the terrain and soil conditions , the subject ,roterty is not
suited for agricultural purposes. The surrounding property is presently
used for agricultural and residential. uses which more suits the property
since the terrain and soil conditions seems to favor those uses.
The subject property fronts on a State highway and a County road which
have considerable traffic flow at the present time. Residential develop-
ment along such roadways is not generally acceptable and would not be the
best use for the land. By installing a buffer zone as is proposed in the
commercial development, the traffic problems will be insulated by the
commercial uses and storage facilities from the residences.
The other properties in the area which have similar characteristics
are presently being used Tor other than agricultural uses. There is no
other land in the nearby area presently zoned for the uses which the ap-
plicant is proposing.
5. Other areas within the County which are zoned to accomadate the proposed
uses are too great a distance from the location of the subject property and
are priced to sell at an amount which the applicant cannot afford.
The other areas are not centrally located for the applicant's business
needs. The subject property is centrally located to serve the northern
Denver, Adams , Boulder, Jefferson, and Weld County communities. The
business is established with many customers within these areas and any move
to another area would create a loss of income to the applicant.
6. The changnd condition:; in the arcs justify the rezoning at this time.
Originally, the entire surrounding land area. was zoned_ irid used for agricul-
tural purposes.
The surrounding property to the North and Northwest has been rezoned
to residential. Residential zoning would. not be a good use for the subject
property since the subject property fronts on a State highway. •
The property to the East is presently being used as a non-conforming
use for rnirnoses which could be classified as commercial uses such as a
gun club and riding stable. and a livestock sales yard.
Of all the surrounding land, only a small portion is still. being used
for agricultural purposes most probably due to the unfavorable soil condi-
tions in the area, as 80'' of the land is classified as No. 4 dryl.and.
Further to the West of the subject property, an ari. field is to be
expanded and thereby bringing more pressure for other residential and com •
-
mercial development and less emphasis on agricultural uses.
Because of the severe lack of any commercial zoning in thin area of
the County, there is little commercial development and the neighboring
residents must travel great distances to obtain the services which could
be provided. by the proposed development.
7. As previously mentioned , the vicinity of the subject property lacks
sufficient commercial development for the needs of the residents.
The land is not suitable for agricultural purposes and would benefit
no one by remaining classified as such.
The proposed development will. put the land to beneficial uses and will
increase the County revenue and provide additional employment to area
residents .
The business which would occupy the premises are already established with
sales more than doubled during the previous year. Tax revenues would cer-
tainly increase.
8. Lylers Construction Company and Atlas Forming Accessories & manufacturing,
Inc. , are the two businesses which plan to locate on the subject property.
The businesses plan to :build warehouse and office facilities for their in-
dividual needs. Mini storage warehouse buildings will he constructed in
phases as the demand warrants with the increased residential construction in
the area.. Such development is anticipated to commence within one year of
the approval for rezoning.
Development of the property improvements such as the installation of the
dry fire hydrant and. the water retention pond and. the 'buffer zone abutting
the highway will ho engineered and constructed concurrently with the other
property development.
-2-
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
prop4rty, described in the Rezoning Application submitted by ?X -'
// hereby petition you to grant ttfis
rezoning request and to change the Zoning District Map ss that the
property involved shall he rezoned from ,,.���u-cs �iv,.� _ Zoning
District to @ - ,e1)1/4/ Zoning District .
SIGNATURE MAILING ADDRESS DESCRIPTION OF PROPERTY
171 g� �cC_ '-n PO 6 o ._ 3.2‘ °� a3 7v w c �� �.
5 A . R oaA 3
•
FIELD 'HECK
FILING NUMBER : Z-312 DATE OV INSPECTION : 10/11/78
NAME: Lyle Picraux.
REQUEST: Change of Zone "A" to "C" with UD
LEGAL DESCRIPTION : Pt. SWI Sect.ton 32, T1N, R68WY
LAND USE : N Agricultural
E Agricultural
5 Agricultural
;;' Agricultural
ZONING: N Agricultural
LOCATION : Northeast corner of the L, Agricultural
_intersection of County Road 3 and s Agricultural
Colorado Highway 7 }y, Agricultural
COMMENTS:
There is an office building _and a builders' supply vard located on this
property at the present time. The property is very rolling and drainage
appears to be to the southwest corner of the property. There are no
accesses onto Colorado Highway 7. Access to the property is from County
Road 3. There. are two existing accesses.
TOWN OF ERIE
POLICE DEPARTMENT 645 HOLBROOK FIRE DEPARTMENT
828-3200 BOX BB 820.3232
ERIE, COLORADO 80516
828-3843 448-3088
October 11, 1978
Weld County
Department of Planning Services
915 10th Street
Greeley, Colorado 80631
Gentlemen:
At a regular meeting of the Board of Trustees
held on October 9, 1978, a motion was made and
unanimuously approved to recommend to the Weld
County Planning Services that the application
made by Lyle Picraux for a change of Zone from
"A" Agricultural Zone District to "C" Commercial
Zone District with a Planned Unit Development
be denied.
Sincerely,
Glennie Sleight
Town Clerk
co 0CT 19715
RECEIVED ;)'
Cnnn1Y
\(-2
\e Planning Commisslol,
TOWN OF ERIE
POLICE DEPARTMENT 645 HOLBROOK FIRE DEPARTMENT
028-3200 BOX 98 828-3232
ERIE, COLORADO 80516
828-3843 449-3085
Cc. L0hI • , 1 (7';
,“•1 r1 ('.O1)11 ','
1,('1 f•!!!•-•! , r. ] I11TI• ,, 'f'V.11-'.;
c,11I 10th "; 1cr,n1,
r7'p. 111.('U, ( Olt i'1rI (0/ l
f cnt,'1 ernOl :
1'.t 1, t'S Jl ':Il" 1 It l_r 1 (411•(il I) , 1 (11 `: f I•'..L.:• I I ;hi , !Lc! 1^17Y1n1. onion
Cf the TU,:YI cf. ;Inn , _'in Corn's • OYIPPr ioicvi111ii11 i�rn recommend
to recomend
r.
t0 tti1C 1'1 in,r,i 1[_ r ormi '10:) cmt7 O1 C i.T'. :011:7t t, 7 it^t IH'n Can] ny, of
laanrl own(Pli ,r T,," I 1' cr:n
'I '.i :; 1..`,?11' 111 1m1'( ;nl'1t, 1 ^1,710(1 "t' h1) I_tLi..11 ;1.n ri " I d like
6u hsrvo tit' ^nth„- r;hrrn(rr'd 1.' 'In^lr•,.t i 'l f 'Win ha f) in
1,1 n z , r'r,111 .1 i tm • 1 '',!I 'r1�.:oI r , ' rr' _ sirinntin,i .
91;r• rr i'U -(. 1 a " i ;:rl (' I .:':I f] 11 3r171] C1. Curl— • ::;J to1 1 . '7.:' I. •••1 t(• deny
[,•12 ' • 1'e(11.in' f't'. (,11 r' • n17 ' •
rtccrrl ;,
( � • Jv
1;:3rulvn .':1 v1\ir.
Sec re '7iy, J'1_^nri1)1{: r;U-n011Sn10n
\�101117 jj
fir\
Are Q s�
OCT 197B .11.
cc RECEIVED
c.,
Weld County $
`- p}.nnint Cnnmisski . �'
'\"c- �r
J
mcmoRnnDun i
WIIDCTo Planning Commission Date October 4, 1978
COLORADO From Gilman E. Olson, Subdivision/Utility Adni-nistrator
subject Lyle Picraux - C.O.Z.
This office offers the same contents and/or suggestions that were
mentioned on the January 19, 1978 Memorandum. The continents and/or
suggestions are as follons:
1. Erie City limits being within a few hundred feet of subject
property, 7 would reccuuend their input into this request.
2. Construction of proposed pond and drainage should have the
approval of the State Highway Department as all drainage
appears to dump onto the State Highway right-of-way.
3. County Road 3, not being a thru road and treated as a
so called "Wagon Trail", must be upgraded to accanodate
the traffic this request might generate. Possibly this
could be corelated with the Town of Erie.
i C i
Gi E. Olson
Suhdivision/Utility Administrator
Weld County Depailnent of Engineering
GEO:sar
-
•
'' ocr1978
' RECEIVED ',I
Weld Counly 4
l`(. Plaoniog Commission
SC_ �1V
V
Cr. ;\kilte :T 122P MAIN ST RI rr I_ONGMONT,COIOHADO n nh01
September 29, 1978
Mr. Chuck Cunliffe, Assistant Zoning Administrator
Department of Planning Services
915 10th Street
Greeley, CO 80631 Re: Lyle Picraux Zoning Change
Dear Chuck:
Our staff has reviewed the above mentioned application and offer the
following comments :
1 . The soils are classified as a Midway-Shingle complex on a
5-20 slope. This soil is found on upland hills and ridges .
It is a complex of Midway soils about 50%, Shingle 35%, and
Renohill clay loam and Tassel fine sandy loam 15%.
The Midway soil is a shallow, well drained soil formed over
highly calcareous shale at a depth of 10 to 20 inches . Surface
runoff is rapid and the erosion hazard is moderate to high.
Shingle soils are shallow, well drained soils formed over
calcareous shale at a depth of 10-20 inches , but differs from
Midway in that it has less clay in the underlying material and
therefore is more permeable. Surface runoff is medium to rapid
and the erosion hazard is moderate. This soil , due to its shallow
depth and shale, has severe qualities for roads , foundations , and
septic systems and an on-site engineering report is recommended.
2. It has an agricultural land use classification of VI and would
not be considered prime agricultural land.
3. There are no hydrology computations available, so no comments
can be made as to the effect of the development on the surrounding
property and roads .
4. It is not located in a 100 year floodplain.
5. Being dry cropland , there are no irrigation systems involved.
Sincerely,
Fred Hartnagle `I
President icy i'
1 S �y18 'fl\
FH: rah fV p
GE
_
f�
RE
Weld WIWI v
tnOtIssme 3'
Plnn ninn
Y.
CONSF OVATION - DEVELOPMENT - SELF-GOVERNMENT �`n�!;
SCS-CONS-15 U.S. DEPARTMENT OF AGRICULTURE
OCTOBER 1974 SOIL CONSERVATION SERVICE
SOIL MAP
Owner /_y k ✓ <7/ e, k Operator `11 '14-le/6;e,X
County au 4.74,- state, C n/0 r.,a 0
Soil survey sheet(s) or code nos. Approximate scale f Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating
with i3O�< /c+IF Conservation District
.. :' t 4. \
67-8
,. 7'.----N-----NN"---Pu-D. ---'7.
r• • • Cl.'18 Ac. . 'fiS47, ; ::
67-� 'st
•
.,. -1.-N___.....-7g7M- DE UL M .
Mho wR r-- 5HiNGLF
Weld
/ / (-' p / / Department
OF HEALTH
I/W e/ County 6 V ealt{I Department rum) VMIKING. Dus. Gurley
FRANKI IN D YODIA MD MPH WII I IAM l31ICK ROPgnn
Dvactor 1516 MOFPII Al RpAD DORIS D(FME. GrorIoy
GREELEY, COLORADO 80631 A NI DOMINGUFZ. .10. J D. Greeley
ANNI I11 M I DPFZ Greeley
f_rgU IY.R rSdO I RANK MYLH& MPH . Windsor
111.115,0111.1 PHH.PS_ JR M D..
Grn Iry
KATIII FIN ;1HAUGIINF SSY. PHN, Rill
September 25, 1978 ARIHIRI, WATSGN. Plnllnmlle
Gary Fortner, Director
Planning & Zoning
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
The request for a Change of Zone from "A" to "C" as requested by
Lyle Picraux has been reviewed by Environmental Health staff and
the following comments are submitted:
1 . The sewage disposal system will require an
engineer design as this is a commercial
operation .
2. The sewage disposal system will require
approval of the State Water Quality Control
Commission if it (the system) discharges more than 2,000 gallons/day or serves 20
or more daily inhabitants.
3. An Emission Permit (fugitive dust) shall
be applied for through the Weld County
Health Department.
Sincerely,
ICJ
hn G. Hall , M.P.H. , Director
nvironmental Health .Se-rvices
JGH:dr �➢ tr �
T..
RI:: ti
Weld tnurty ;n�
`�I'. Planning Commission ��,
J
N'__
RICHARD D. LAMMii„ d C.J. KUIPER
Governor
�i State Engineer
u
♦ 1876
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street-Room 818
Denver,Colorado 80203
Administration(303)839-3581
Ground Water(303)839-3587
September 25, 1978
Mr. Chuck Cunliffe
Weld County Dept. of Planning Services
915 10th Street
Greeley , CO 80631
Re: Picraux Rezoning
Dear Mr. Cunliffe:
This is to acknowledge receipt of preliminary material pertaining to
the above referenced rezoning application. Unfortunately, no information
was submitted concerning the proposed water supply and we cannot recom-
mend approval of the Picraux Rezoning. We would be most happy to reconsider
this proposal when additional information is submitted by your office .
Very truly yours ,
A
• r. Jeris A. Danielson
eputy State Engineer
JAD/GDV:mvf l'ni� , lri 4 ,
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,
cc: Jim Clark, Div. Eng. <)` SEP 1918 (,)
Reiner Haubold RECEIVED 4.
Land Use Comm.
Weill CnurM 7'
P. Flonniop,p,nm'aissioa ��
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V
STATE DEPARTMENT OF HIGHWAYS Weld County
JACK KINSTLINGER .Th EXECUTIVE DIRECTOR S.H. 7
inifT Picraux Zone
DIVISION OF HIGHWAYS ( DISTRICT 4 Change
E. N. HAASE y . •S�?" Y DWIGHT M. BOWER
CHIEF ENGINEER ,n DISTRICT ENGINEER
STATE OF COLORADO DOH FILE 45100
P. O. BOX P50-1420 - 2ND ST • GREELEY. COLORADO 00031 • '303] 353.1232
September. 26, 1978
Mr. Chuck Cunliffe
Department of Planning Services
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
We have reviewed the Lyle Picraux application for a change of zone and we ask
for your consideration of the following comments.
1 . A request for rezoning of this 9.48 acre tract and the 18.382 acre parcel was
reviewed by this office in January of this year. At that time we noted our
concern over allowing commercial development to occur at this location. The
formerly proposed access to State Highway 7 was also of major concern to us.
This revised application for a zone change along with the P.U.D. shows no
direct access to the highway. This is consistent with our initial recommenda-
tions and, therefore, our concern is now based upon turning movements from the
highway onto County Road 3. A sheet is attached which provides specifications
for a deceleration lane into County Road 3 which we feel should be provided by
the developer if this zone change is granted. This lane would facilitate right-
turn movements but, if further development occurs to the north of S.H. 7 along
County Road 3, consideration will need to be given to the possibility of pro-
viding a left-turn lane on the highway.
2. The attached copy of our January 26, 1978 letter remains pertinent to this ap-
plication. We have particular concern that the additional 25 feet of needed
right of way be protected within the 50-foot greenbelt. Item 2. of that letter
can be omitted since no direct access is proposed to the highway. The construc-
tion of a deceleration lane does require a permit, which is available through
Mr. David N. Fraser, District IV Maintenance Superintendent.
Thank you for the opportunity to review this request.
Very truly yours ,
DWIGHT M. BOWER
DISTRICT ENGINEER
AC: jm Albert Chotvacs
Attachments Assistant District#Mtneer
cc: D. M. Bower w/attach. :,1_°, ,�,
D. N. Fraser /R' A�
File: Crier-Jacobson via Finch-Graham SIP 1978
w/attach. RECEIVED ���!
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Weld County
SH 7
Picraux Zone
Change
January 26, 1978 DOH FILE 04-51
Mr. Chuck Cunliffe
Assistant Zoning Administrator
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Mr. Cunliffe:
In order to clarify our letter of January 19, 1978 (a copy of which is
attached), the Colorado Division of Highways has the following conments regarding
the Lyle Picraux Zone Change and Commercial Development.
1 . Our projected right-of-way needs for the year 1996 on State Highway 7 show
that a minimum of 150 feet will be needed. We therefore request that an
additional 25 feet of right of w be provided by reservation, setback, or
dedication (preferably the latter as local zoning laws and regulations
permit. When added to the existing 50 feet on the north side of the highway
centerline, this 75 feet would provide for one-half of the total projected
needs.
2. As indicated in our previous letter, State Highway 7 should be maintained
as a connector between major generators of traffic, with minimum interference
to through movement. We would prefer that no access be allowed to the high-
way in this area other than that which presently exists. Reasonable access
to this development could be provided to S.H. 7 via County Road 3. In this
case, we would request that a deceleration lane (in the northeast quadrant
of the intersection of S.H. 7 and County Road 3), provided by the developer,
be given consideration. This would allow traffic to safely leave the flow
of traffic from S.N. 7 and enter onto County Road 3.
If the need for access to S.N. 7 is of prime concern to the County and the
developer, we would give consideration to an access to this property at the
eastern property line of the proposed development. We feel that this would
be advantageous in that it would allow for a joint access to this property
and the property to the east, should that property be developed. In this
case, an acceleration lane would then need to be provided by the developer
along his property. Specifications for acceleration/deceleration lanes are
provided on the attached sheet.
♦
Weld County
SH 7
Picraux Zone
Change
DOH FILE 04-51
MR. CHUCK CUNLIFFE
January 26, 1978
Page Two
A Driveway Permit will need to be issued for construction of this driveway.
This permit is available through Mr. David N. Fraser, District IV Maintenance
Superintendent, P. O. Box 850, Greeley, Colorado 80631 . Application for
the permit should include four copies of a drawing or sketch giving details
of construction as well as the distance from the section corner, State
Highway, or physical objects. Application should be made 90 days prior •
to construction.
3. In order to provide adequate noise protection for commercial structures, we
recommend a minimum of 100-150 feet of setback. This setback assumes that
no walls, earth berms, structural insulated walls or windows are constructed.
4. Provision must also be made for increased runoff generated by this development.
We note that there is a pond to be located at the southwest corner of the
property. If this is to be used for retention of runoff, consideration
must be given to the release of runoff so that the highway will not be
adversely affected. This should also apply to any other on-site retention.
5. Finally, we ask that consideration be given to providing a green space buffer
between the anticipated right-of-way lines and parking on the property. This
would allow for a safer and more aesthetically pleasing appearance of parked
vehicles in relation to the roadways and control encroachment of parked
vehicles onto the public right of way.
If this development is approved, we would appreciate receiving a copy of .
the finally approved site plan so that we can maintain an up-to-date record of
development along State Highways.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
Albert Chotvacs
Assistant District Engineer
AC:WRJ:da
Attachments
cc:. D. M. Bower w/attach.
D. N. Fraser "
File: Cr1nr-Jacobson via Finch-Graham
w/attach.
1
4%444.1 LEV
in 1 Hill!, Iu D „sit a
I.AMM * E � JOHN W. ROLD
( 'JVIRNOP # , * Director
1876
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET
DENVER,COLORADO 80203 PHONE (303) 8392611
September 22, 1978
41r. Chuck Cunliffe
Weld County Department of Planning Services
915 10th Street
Greeley, CO 80631
Dear Mr. Cunliffe: RE: PICRAUX ZONE CHANGE REQUEST,
WELD COUNTY
We have reviewed the request of Mr. Picraux for a zone change from
agricultural to commercial with a PUD. There appears to be no geologic
reason why this zoning change should be denied. It should be noted that
approximately 400 feet to the north of the property there is a mine
shaft for the Baseline Coal Mine . This mine, however, should have no
affect on the property in question, but any further development to the
north of this property could be affected.
If we can be of further assistance, please contact our office.
Sincerely,
David C. Shelton
Engineering Geologist
DCS/ds
cc: Land Use Commission
SEP 15i
RECEIVE l) .
Weld County r
Plnenin¢ Commissirn
GEOLOGY
STORY OF THE PAST . . . KEY TO THE FUTURE .//
BOARD
oPPvti OF
uv �� COUNTY COMMISSIONERS
o s
COMMISSIONERS
1/43.0004 John 0. Campbell •Pefe M. Mlrelez
James M. Covey
ADMINIS'T'RATION BUILDING
450 SOUTH 4TH AVENUE
BRIGHTON, COLORADO 80601
303-659-2120 COMMUNITY DEVELOPMENT DIVISION
September 15 , 1978 Planning Department
Weld County Department of
Planning Services
915 10th Street
Greeley , Colorado 80631
•
Re : Lyle Picraux Rezoning
The Adams County Planning Department does not favor
the proposed rezoning at this location . It is felt that
such an activity which is not related to agricultural pro-
ductivity is inconsistent with surrounding zoning and could
have a negative impact upon zoning in Adams County . There
are no commercial/industrial activities existing in this
area and the location does not provide the infrastructure
to support a base for a commercial/industrial center . The
existence of such new activity could induce requests for
unrelated and scattered rezonings in Adams County which
would not be desirable .
Sincerely ,
/2; -4 2-----
Robert N. Fleming
Planning Director
RNF:ms /124
•fl/- 4
SEP 1978
RECEIVED :3
`--'� weld County
Planning Commission
9SP E G l c`i:ti.
E i Ei,i) 'lII•;(;I;
El l,l i;r; r:I;;,lltl,lt : Z-312 IDA'ii•; of I fJ`;I'I,t:'I' I()Pf : 10111178
1+Af•iJ;: 1.,y.I.e Picraux
REQUEST: Change or Zone "A" to "C" with Ul)
LEGAL DESCitiviior PL . SW Section 32, '1'1N, I1GiW
LAND) USE : I: Agricu tura.I.
Agric•u1tura]
Agri.eu1 tura1
Agricultural
ZONING: N Agricultural
LOCATION : Northeast corner of the Agricultural
.intersection of County Road 3 and Agricultural
Colorado Highway 7 ' Agricultural
(;u)lMI';NTS .
There is an office building and a bu,ilders.'.. Stippl.Y yard located on this
property at the_presenttime. The propert.v_ is very rolling and drainage
appears to be to the southwest corner of the property. There are no
accesses onto Colorado Highway 7. Access to the propcerty is from County
Road 3. There, are two existing accesses.
13 Y ' _
Lyle P1eranx
Z-312 : 78 : 10
SURROUNDING PROPERTY OWNERS
September 13 , 1978
Trustees of Wheaton College . -
c/o James B. Daley
1900 1st National Bank Building
Denver, Colorado 80202
James A. Howe
1340 Holly Drive West
Broomfield, Colorado 80020
Kenneth and Anna Pratt and Karen K. Landers
2745 Grinnel Drive
Longmont , Colorado 80501
H. Sol Cersonsky and/or Jack D. Fever
820 Clermont Street , #100
Denver, Colorado 80220
Erie Air Park Company
829 North Main Street
Suite 2
Longmont , Colorado 80501
J
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