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Home My WebLink About780034.tiff RESOLUTION RE: DENIAL OF CHANGE OF ZONE FROM A-AGRICULTURAL DISTRICT TO C-UD-COMMERCIAL UNIT DEVELOPMENT DISTRICT FOR LYLE 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, a public hearing was held on the 26th day of April, 1978 at 2 :00 o 'clock p.m. for the purpose of hearing the petition of Lyle Picraux, 7927 West 106th Avenue, Broomfield, Colorado 80020 , requesting a change of zone from A-Agricultural District to C-UD-Commercial Unit Development District for the following described parcel of land, to-wit: That part of the Southwest one-quarter of the Southwest one-quarter of Section 32, `Ibwnship 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado described as: Beginning at the Southwest corner of said Southwest one-quarter of the Southwest one-quarter; thence N0°27'37" E on an assumed bearing along the West line of said South west one-quarter a distance of 990.83 feet to a point 330.00 feet South of the Northwest corner of the Southwest one-quarter of the Southwest one-quarter of said Section 32; thence South 89°22'25" E along a line 330.00 feet South of and parallel with the North line of said Southwest one-quarter of the Southwest one-quarter a dis- tance of 1,319.91 feet to a point on the East line of said Southwest one-quarter of the Southwest one-quarter; thence South 0°20'41" W along said East line a distance of 989.75 feet to the Southeast corner of said Southwest one-quarter of the Southwest one-quarter; thence N89° 25'15"W along the South line of said Southwest one-quarter of the Southwest one-quarter a distance of 1,321.91 feet to the true point of beginning; EXCEPT; That part described in Book 86 at Page 273, Weld County Records. EXCEPT: That part described in Book 1104 at Page 388, Weld County Records Contains: 27.862 acres irore or less. WHEREAS , the petitioner was present, and WHEREAS, Section 8 . 2 and 8. 3 of the Weld County Zoning Res- olution 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 the testimony and statements of those present on behalf of the petitioner and has � L ✓Imo(.. :3 780034 studied the recommendations of the Weld County Planning Commission for denial of the proposed change of zone, and WHEREAS, the Board of County Commissioners hereby finds that the petitioner has not met his burden of proof in fullfilling the requirements of the Weld County Zoning Resolution for a change of zone. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the petition of Lyle Picraux for a change of zone from A-Agricultural to C-UD-Commerical Unit Development District on the above-described tract of land, be and hereby is, denied. BE IT FURTHER RESOLVED by the Board that the reasons for denial and findings of fact contained in the Weld County Planning Commission recommendations in this matter dated February 7 , 1978 , be and hereby are incorporated as the findings of fact and conclusions of law of the Board of County Commissioners in this matter, as is fully set forth herein . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of April, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO (No) t�.u} l�tibwt. (r4tL uuwc'r i ATTEST: /J " .z`-z.c.ce_;�_c�. kc c Weld County Clerk and Recorder and Clerk to the Board ' Y ;'t n � x ,/� ,IO ,) 0 / Deputy County C k (*EDAS TOCounty Attorney Date Presented: May 1 , 1978 cc: resolution denying COZ RECEIPT FOR CERTIFIED MAIL-30x4 (plus postage) SENT TO POSTMARK OR DATE Lyle Picraux - STREET AND NO. LID 7927 W. 106th Ave. )fl P.O., STATE AND ZIP CODE (0 Brownfield, Co. 80020 5/1/78 0 OPTIONAL SERVICES FOR ADDITIONAL FEES Ct RETURN ID 1. Shows to whom and date delivered 154 !With delivery to addressee only 654 (.e RECEIPT 2. Shows to whom,date and where delivered 354 SERVICES With delivery to addressee only 854 DELIVER TO ADDRESSEE ONLY 604 Q SPECIAL DELIVERY (extra fee required) Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL >CPO 1a++o-ssr-+s+ o u :a �1 , d'G L Y N -td to 2 • co ci Is t iii r = .ee 1 W 8 p p ? h .15 lb _.p .9 'Ott DIVp 9 F y'4', Q 2 1 m.90 d co -e B BUa .i Fri rt-I 2 9 o r$ \ 'U 't1iiiilfl sBs $ t S W O 6 41 J Ltl Ci • - y`�,_, r ^ a of a ow al/v\ _ ,ri u J""`"'PS Form 3811,Nov.19781 l� I RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL April 26, 1978 I hereby certify that pursuant to a notice dated March 20 , 1978 , duly published March 23 , 1978 and April 13 , 1978 in the Fort Lupton Press, a public hearing was held on the request of Lyle Picraux for a Change of Zone from A-Agricultural to C-UD-Commercial Unit Development District. Mr. Picraux and his Legal Counsel, Lee Wilson, were present and made their request. Chuck Cunliffe, Tom Honn and Ken McWilliams, of the Weld County Planning Department, presented the Planning Commission' s recommendation for denial. After discussion and receipt of all testimony, Commissioner Steinmark made a motion to deny the change of zone request to Mr. Lyle Picraux and that the Planning Commission recommendations be adopted as part of the record. Commissioner Roe seconded the motion and it carried with Commissioners Carlson, Roe, Steinmark and Chairman Dunbar voting aye. Commissioner Jacobucci voted nay. ca C airman Board of County Commissioners Weld County, Colorado n Attest: ' " 1 weilLo1 Weld County Clerk and Recorder and Clerk to the Board /11 By: 14---d__ 2- e4,- D uty C 7nty Clerk 1 Docket #78-22 Tape #78-46 & 47 tl 1 A I ! I'• .! Il l\ . 1. r 1• A l'I'I, I c A N r : LYLE PICRAUX - T INK: 2: PM DOCK I:'I #78-22 I)ATE: APRIL 2.6, 1978 ItEOIl I:ST : COZ A to C-UD NAME � _ADDRESS ---_.__. _. -- 1_ . t; . c•{; :,. ,,., I. ITT co. -4," " 4. `-4"(4...-••' gat - �� y ��>r " _C(.c �a,ok•Pc.,M. ati 'i '-. . pry b .r i•.,.+°w —. r :,, ' ns . � . «. l — •ilo ' and "rt4 d�n�� '' �.May S0 0 Of - Oounty • '. Y M rU in the • untkE iire`e `'t .. Mrtsr. r •r Oatore00c-;; �radd 11,70,;- ..i';',..•Y -- • I Unit syslop- •.ItMilt LE(#L : . ?. ;., — That p -of the Southwest ons-quart of the thMs at Ss th pbth rRa 'Mit tl qua. o guider ,. ' — - �hw • - �Ipon 25 Ear':: a Wok . � f South• d peril el with North lute of said Sgo�ut�hrIest ---._- ---- one-quarter of the Souttlwwet - — oPe-qu•.ar :pad off,. ` 318.91 ..t to a int .e th E'.st.tj spt' said' o e ifn*it golan }. OLIFO11 V* welt •, war ss,w rttr' ..t ' ait - -- —- line of a Soul L off`' quarter a SO +tnn� uartert ot1. I' fir., gel 11.y EX 13 1 THEBOtRaO��FggCOUN. WELD OUCNTY.COLORA — BW Lt E.W.IUN RANQCLER - —� ---• ---- —_.-_.--_..—_ i O THE BOAR: Br;111�i Jo lfuminir,.Deputy• Prbilsh 4 bt the.FOi't Ul t Tat PiOpostionc,Maio *3 wail Neatl/rl: April it, • - • • I rnnl 1 ''III. IU,�i1'li I I "I 1.11,14) ('of it,„„i • ( "I 1.11,14) ( 11r1T`11 r ; , L(ir:l; ()l,(n;,1Un I::: (,, I ,.,. C'r, ) a ,I,1:, Pub lirshcl : March 20+el , 197$ 1' L r I n: c n ' t Ap 1 l7 11l (u)clo� i_}ir 1978 -cci r -1/4),1(.)}, nol '✓oil( 11r1 r to ,J r .lnd tl�o rl .✓��I <�n - 1 c C I n In Eu I- III Ili. conlf�] atc ulc . _ . i I ,l I � an afficlelvS Lo U[' ' I'lhc ,l rr�Cnll0 - l'iIh1cC„ our f t of nlb7ic'aCicrrr :11(411 lu�1'hanL 'r'ou ° (✓e d. for your c°cITera ti on . DOCKET // 78-22 Sinccri,ly, THE lin%ll Ir OF , rl,�•�� . lar;LU ('O(jJ J'Y, COLO1�UO IY t (r..11.11S; ],r) .:t;i2:; In(' : Mtlr Ann Folic,r"i_�,; County CIL!rl; l and, C1ork to `'nd iccoraer 1 v _ the .ioard C . "— 1) i,li lL'y cf�2\ RECEIPT FOR CERTIFIED MAIL-301 Cl t t SENT TO s (plus postage) �' FARMER & MINER POSTMARK OR DATE I........� STREET AND NO. : E. BOX 158 ,s a P.OCO v � !'%}v3 ' `T +.:p a tMy,'.. 4r r • F., STATE AND ZIP CODE REDERICK, CO 80530 3/23/78 V A• 4'4'; ,,'� f�` " ;A.ti'' ` ' tid'' F ''OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1 Shows to whom and date delieese0 ]5¢ ^ wwasen �" RECEIPT With delivery to addressee only 65¢ SERVICES 2. Shows to whom,date and where dell 35¢ With delivery to addressee only 85¢ DELIVER TO ADDRESSEE Oa'v snI- ,t c�6eT'1, Shi-i ...le I�O. SPECIAL DELIVERY (extra 'SMVs* .;CO •r�. FU PS Form 3800 NO a I � as.d -d+wY APr. 1971 ° ,_r r r u ,......... e 7 eeMbr J _p /�iN�( V' CO M•ij ' 's y /3 oi"5 ` R iii :F g z ; r Ory ¢ ,- t 9 G 21 Z y Is:41 - 1. tor oa W M = 9 ` C t. t� s+.'. e t al LL r-! y ` cr y. Z C) el Er .0 i11 ts g -0 z E§ apipp,i.; N � .1 � � � d ti. a• ""Ra."' a r- km b y t B B c� B p w N (,9 6 p❑ .r'� g ° $ B a F $ g aOIoE Z S D\ u as, f. p a eZ u c� sa kJ (�0 �\mil m el pi „gyp/ Y \ri .a PS Fenn 3911,Nov.1976 RETURN RECEIPT, REGISTERED,, INSURED AND CERTIFIED MML maw ; 4.y�ly1L; ry . ( G l 'l- 1 NLT I CE Pursuant to the zoning laws of the H aLe 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 . Al] persons in any manner interested in the following proposed Change of Zone are requested to attend and may he 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. 78-22 Lyle Picraux 7927 West 106th Avenue Broomfield, Colorado 80020 Date: April 26, 1978 Time: 2 : 00 P .M. Request: Change of Zone from A-Agricultural to C-UD-Commercial Unit Development District LEGAL DESCRIPTION: That part of the Southwest one-quarter of the Southwest one-quarter of Section 32 , Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado described as : Beginning at the Southwest corner of said Southwest one-quarter of the Southwest one-quarter; thence NO° 27 ' 37"E on an assumed bearing along the Weld line of said Southwest one-quarter a distance of 990 . 83 feet to a point 330. 00 feet South of the Northwest corner of the Southwest one-quarter of the Southwest one-quarter of said Section 32 ; thence South 89° 22 ' 25"E along a line 330 . 00 feet South of and parallel with the North line of said Southwest one-quarter of the Southwest one-quarter a distance of 1, 319 . 91 feet to a point on the East line of said Southwest one-quarter of the Southwest one-quarter; thence South 0° 20 ' 41"W along said East line a distance of 989 . 75 feet to the Southeast corner of said Southwest one-quarter of the Southwest one-quarter; thence N89° 25 ' 15"W along the South line of said Southwest one-quarter of the Southwest one-quarter a distance of 1, 321. 91 feet to the true point of beginning . EXCEPT: That part described in Book 86 at Page 273 , Weld County Records EXCEPT: That part described in Book 1104 at Page 388 , Weld County Records Contains: 27 . 862 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: March 20, 1978 PUBLISHED: March 23 , 1978 and April 13 , 1978 in the Fort Lupton Press F . ...........__...•::"'-''.4- §"" m£ } �• r mob Itf po * $2 n+,�fi Ac.N NI AW. 44 X _ 1 y c "}H a s t,N 3 w ° c o C m 3 Ca Q ca 1 % 8 � r Ja Mam�z �v.3v my oB aG c x '°'v � ,, p 7 C r".b c'i.�_;:. O +'.d C 0• C .1 J 6 U -- r w 1 b m E 8' ; w a. C G - `' N 1.,',.- t C w a r' V� N u x Cb . 'tl d S �' iC h U] C y .:TJ Y O N e-su �j ''° M o 8 c 9 c v°7'b.- y - c u c ' t ti v s (`I ..7 O G F �'' a F,p P. 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Sft k aa � o m3 0 o a � N v Jyra o E .o�o °'"w a�v `" ro 3v v � o y as 6 >. do \7� °� ° 5 .,1,A, .:—'2' 1.`'' w C H o. 71 O W c., ` ° a., . . 0 . „,,c4. >...,,.' m yin •gm w y 'd .' °, ° ,v' .3 a ;. a a 'k ° ? .-"" . 2,',5'-'B' ',,-,2 °b ,, v v w m c ° __ ..1E ^ " z C I a zbmcc ° fir .,7 °ti � mc u ° m '" F ti• w } O s4 aC c am,2 ' ' o,m° .o 0 9 vc .c ,2,- 0 a a. ,,,—E. "'° ❑. m„ ° a a g z.,5°a m - a' r a v : p n J I_ �" Naamcacz.cR " 3y- md3 ._ a�ivr x 5 § . "6 ' F 5 2.o:C ti '' °'E o N c v °' ti E y 3_ : a O .... a. m a ro ,��'. m y y b e U Er ,,.',,_ c - ,6 1, o v F o a w ° o R m o v '''c°o w F b '. C �J c K .'a m x ° a o� a i ,� b'j'c v v v F E:17, ,,, .o m G C _>hh;; a �-\,\i o O. o "o F, .... .f, s y .F „,,2,..2 w o C:° r) c w `o c y U q G ti C ° O N." C t,'J bll .-. 7 h ''.' C "l c, :',,'3 G 't?.(y', E ° 7, a- °J] - T C° ao G X T..N ., a C ° «, , M ° ;` r,M: A 2 a'0! �, E ° N .C C L 0 ,, R ° t ,, P.a 4 F N v 2 G '.' ° 7 ,' V N ,T n .-� .4.13.2-4°) .. E a o y a s N 3 v ,t. .5. <9; .,,E. *:• -+ C m r. r. ' 1' The Pratt Agency, Inc. {l 2130 MOUNTAIN VIEW P. 0. BOX 801 LciWeL42tif, eourreAoo 80501 REALTORS SINCE 1913 (303)776-4495 METRO 444-0228 Otitt April 24, 1978 Board of County Commissioners Weld County Colorado P. O. Box 758 Greeley, Colorado 80631 Re: Docket 78-22 1-yaLc— A-At ." , ?G Gentlemen: As Weld County property owners with land adjacent to that in the above captioned docket, we would like to enter into the record our favorable opinion of the zoning change. We feel C-UD is more in keep- ing with the area currently. Respectfully submitted, ANNA M. $ KENNETH E. PRATE KAREN K. ;ANDERS 4 fil By: Kenneth E. Pratt KEP/sh 1 . REALTOR / / (./21CC DATE: March 17, 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 hearing for the 26th of April, 1978 at 2 : 00 P .M. Lyle Picraux COZ from A to C-UD 7927 West 106th Ave. Broomfield, Co. 80020 OFFICE OF E ERK TO)HE BOARD BY: f Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 4 OFFICE OF BOARD OF COUNTY COMMISSIONERS ttatwir PHONE: 1303) 356-4000 EXT. 200 P.O. BOX 758 GREELEY, COLORADO 80631 Wink NEED CU;ATr CO ISSlONERS COLORADO ' ' March 17, 1978 f5, ["`'°'`R1 7 1973 l �� LLJJ GRCELEY. COLO, Lyle Picraux 7927 West 106th Avenue Broomfield, Colorado 80020 Dear Mr. Picraux: Your request for a CHANGE OF ZONE from A-Agricultural District to C-DD-Commercial Unit Development District has been recommended unfavorably to the Board of County Commissioners by the Weld County Planning Commission. The legal description of the property involved is that part of the Southwest one-quarter of the Southwest one-quarter of Section 32, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedure will then be followed. This includes publishing a Notice of Hearing twice in the legal newspaper, which expenses must be paid by you before the hearing day. In order to proceed as quickly as possible, we must receive your reply by April 6, 1978. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ed Dunbar, Chairman rjk I wish to have a hearing on this matter with the Board of County Commissioners. I agree to pay for the legal advertising as noted above. /2 /7 Lke Picraux BEFORE THE JLD COUNTY, COLORADO PLANNING C IISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date February 7 , 1978 Case No. Z# 295 :77:13 APPLICATION OF Lyle Picraux ADDRESS 7927 West 106th Avenue, Broomfield, Colorado 80020 Moved by Percy Hiatt 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—UD ( Commercial Unit District covering the following described property in Weld County, ��'t t,`b-a9l#;" wit: be recommend ( iAxI '') (unfavorably) to the Board of County Commissioners for the following reasons: 1. 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 policies contained in the Weld County Comprehensive Plan utilized to guide commercial development of this nature state: "1. Commercial development will not be encouraged in the unincorporated areas of the county unless it can be shown by the developer 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. Motion seconded by: Bette Kountz Vote: For Passage Chuck Carlson Against Passage Ben Nix Frank Suckla Percy Hiatt Bette Kountz _ Irma White 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, Shirlay it P 11' s_ , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on February 7, 1978 and recorded in Book No. VI of the proceedings or the said Planning Commission. Dated the 9 day of February , 1978 . STATE F COI_ORAD sS. C.% COUNTY with OF WELD `f.�� F lid wit; the Clerk of the C aourA Secretory of County ornet s=-loners MAR. 1. 7 1978 on set cle,c AND accn,e^p®pov�l That part of the Southwest one-quarter of the Southwest one-quarter of Section 32, Township 1 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado described as: Beginning at the Southwest corner of said Southwest one-quarter of the Southwest one-quarter; thence NO°27 ' 37"E on an assumed bearing along the West line of said Southwest one-quarter a distance of 990.83 feet to 1 �\' a point 330.00 feet South of the Northwest corner of the Southwest one-quarter of the Southwest one- quarter of said Section 32; thence South 89°22' 25"E F c � ' \along a line 330.00 feet South of and parallel with J) Lk1,, the North line of said Southwest one-quarter of the r ,U �\ Southwest one-quarter a distance of 1319.91 feet to a point on the East line of said Southwest one-quarter \\ of the Southwest one-quarter; thence South 0°20'41 "W C �7 along said East line a distance of 989.75 feet to the Southeast corner of said Southwest one-quarter of the Southwest one-quarter; thence N89°25'15"W along the South line of said Southwest one-quarter of the Southwest one-quarter a distance of 1321 .91 feet to the true point of beginning. EXCEPT: That part described in Book 86 at Page 273, Weld County Records EXCEPT: That part described in Book 1104 at Page 388, Weld County Records M1 Contains: 2x862 Acres Mof or less. /It li /f.14 S .4 n Robert J. Grogan / Registered Professional Engineer Lyle Picraux Z-295 : 77: 13 P. C. RECOMMENDATION February 7, 1978 2. The Town of Erie Planning Commission has indicated the Town of Erie objects to the approval of this rezoning request since it does not conform with the Erie Comprehensive Plan, Therefore, the Erie Planning Commission has recommended the rezoning request be denied. Section 6-2 of the Erie Comprehensive Plan outlines the criteria and principles 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 principles contained in Section 6-2 of the Erie Comprehensive Plan which are applicable as guidelines for commercial development of this nature are: "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. 3. 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 Lyle Picraux Z-295: 77 :13 P. C. RECOMMENDATION February 7, 1978 statements by petitioners should show very clearly that either the original zoning was faulty or that changing conditions in the area now justify a new classification. Without the presentation of such supporting documentation, the County Planning Commission should not recommend a change of zoning. " It is the opinion of the Planning Commission that the applicant has not demonstrated 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 in other parts of the county "similarly situated. " 4. The State Engineer' s Office, Division of Water Resources, recommends that this rezoning request not be approved. As indicated in a letter submitted to our office dated January 31, 1978 : "The developer has submitted a well permit (no. 96121) as proof of an adequate water supply. We must point out that this permit was issued for an exempt commercial well pursuant to CRS 1973 37-92-601(1) (c) , as amended. This subsection states that the well may be used for 'drinking and sanitary facilities in an individual commercial business' . "We feel that use of this well to service the entire commercial devleopment would be a violation of state law and the conditions of approval for the permit. It should also be noted that the permit allows for an average annual appropriation of one acre-foot . The water requirement as presented by the developer is 8. 2 acre-feet per year which is 7.2 acre-feet per year in excess of the allowable appropriation. " Lyle Picraux Z-295: 77 : 13 P. C. RECOMMENDATION February 7, 1978 Comments : Mr. Picraux contacted the Weld County Department of Planning Services by letter on June 25, 1976, inquiring about the possibility of obtaining approval for commercial zoning on the property for which this rezoning application has been submitted. At that time the Department of Planning Services staff responded to Mr. Picraux 's inquiries informing him of the applicable policy guidelines contained in the Weld County Comprehensive Plan. As indicated in the above recommendation, these policy guidelines indicate commercial zoning is inappropriate for the property in question. Mr. Picraux was informed of this in June, 1976, by the Department of Planning Services staff in their response to his inquiry. Subsequently, Mr. Picraux proceeded to establish an office and builder' s supply yard on the property in question without first applying for and obtaining approval of the rezoning which is a necessary prerequisite to establishing the use on the property. Therefore, Mr. Picraux knowingly established a use which is in violation of the Weld County Zoning Resolution. The zoning violation was discovered on May 31, 1977, and was red-tagged as such on July 29, 1977, subsequent to discussions with Mr. Picraux on submitting the necessary rezoning application. . • - '-�, n (i'!NG :, '1 ►.I.Ci r.rOi. !.!:-,7.1i,.10:.% ll;li.!_�Ja1lg: (it'0C`Ir'y, ;C?1O. Wt;ld County Planning Uoprtrt^�t �t 'O) ANN).N(i DSJ'ARII:NT USE ONLY: --------------------------- ___.._ .__ _.CASl'E II1,MB!,:Ut:, FC B !';,JWC DATE:_____ S;!L: ^.'4!P RANGE: _. CO 1. U1a11IG nAT:E: _ LAND CODE: S :1//y; KEY: - 7DIV CODE: ► LOT: 3;r�1: SUB: __ ._I;:.C: ��_.__..._.._.. _..._._ V.GOY ;i ,,1,L.It 10: 9L.' ----- -- Date: A -� ! . CI il:Ck'i i. K o? -• 2) That REC. r0. : V.2. - .) _ _ — -..—_�,te -_.__ _ ._._.w_ LEGAL JW.SC. AI'PI JJ1�[,� ..........._--...—..-- TO13r; COMPLETED BY APPLICANT IN ACCORDANCE 'rl.:";H PROCEDURAL GU'.1!: tREY.;i!3r 1i 'J`S Print or type only, except for nocozvnr;: aigratv.res. I ( e), the undersigned, ltcrf`b u'et;:�•,' h t•3.n(: Commission concerning propo^c-U rf::cni tg of ?.ha !'o,.l•awing L'eccrt.b'd .trti_n;;orpera od area of Weld County: LEGAL DESCRIPTION: Description: The southwest One-quarter of the southeast One-quarter of sect:i-on32, Township 1 North, Range 68 West of the 6th P.M. County of Weld, State of Colorado, Except the north 330.0 feet thereof. • • (If additional space 13 :!•e::;::ire,:.►, ntt9ch r.-' ndctitional ^`:c:et of this saute size) ]N.q ld-_C.o fl ad...s_4 C.oxnex-.Q.)— ---•---- S'�::,:I:T LOCATION: (:o- nra Statc..lil.gb��a,Y 2.-'ancir::•)t -�'��/� �,%'PP;.•�: R[1�,:1:_ ..ate---�1�'7��G��•c PPY F.:N T 'l:QN c' �-c c.1.1.7r),_ �, �1.',..U' ').:.t. . (!ii!.. ,r' p.10..-_._ .' ____ PU:iP0:-''r.: lr.••• i.L�._(S'a,.y c ....;; �`=- :..... .!_.4�:3.: :4.a,C.i.o. . .,x.d. ..s:.....c:.». ..�.._._-- �..� 1.5 PHIS AREA a'�.A��r.: Y.;?l 1 ?:L' I�'• ., OF ..___.. .�_. %` A .1�! :' ti• Mri'I•:1i: t;D: I'i() ' i r '"'t:�'','t: f.:.t :, 11 A,:,�P!.u1. t;• ,U I- .I'J I:ti MIS AREA 10 DE PLATTED: 'r'. ( ) ',. .. YES ( ) NO ( ). ! 1� F1•:r OWNli:RS OF AR:A PROI' 1:i{•:D 1 {rR h},_7-(_'Ir:1Js, YC5_rO1Cj�j-4O 13 Nt.MNAME: k,/5 / i e� �.LY ._...._... .'0'•;" :'.: ..., , _ _ 4. ' (rar` _pi:: TFL:_a_L._ �j�.-5- ,i- ••;,',7,5 _- �, ',� o\I .. TEL•....�..+++_ is ., r r er ;:'1', ) 1t3—, ! of F9r iir-71 t11a nil n Ut4..oments, proposnis I hereby depose and rjt:tt_. ;) t.. pr , and/or plans submitted wi''.h or c{.:tt.r,•:.,•,:1 '•.l.:f'{!1 *hi.::. r•e,plilati.e.l are '..TL'e and correct to the best of my knowledge. • COlfi.'i'Y OF wan ,) . STATE OF COLOLADO __•.) ).C.....41-...'. .......a.`'I ..!....1....!....-1:2....:----. + r L'IL •";., 4. • ,C..1'U,+,1t,•,i; (i..n.,or er Authorized Agont Subscrlbod and sworn to before ;Pe this ._ ._.�..... - SEAL • _` N1 ,)-�,. l \ _'_'.." My c^rTur.i6eioc oxpir«o : `_ a.. A\-\�1. ..--. _..._ .. .. • ...._—..—.—. .. . . —, 1 . Yes. Land to the west and north is currently being developed residentially. In addition, an air strip near the development is currently under construction to serve the residents of the development. 2. Yes. By developing retail outlets, they would serve the needs of the residents in the above stated development. Without • these outlets, the residents would be forced to go to Brighton, Lafayette, or Boulder for their shopping. We would also hope that a portion of the employees would be Weld County residents. 3. By approving our request, it would enhance the residential. developing already under way by supplying close retail outlets. 4. Since we already own the land it would be financially impractical to request rezoning of another parcel. Our location is 2.5 miles west of Interstate 25 and 3.5 miles cast of Lafayette on ❑ighway 7. Highway 7 is already a highly travelled route and our location is situated so that we can draw business from the northern metro Denver area and also from Boulder, in addition to other Adams and Boulder county areas. 5. We feel that our location can draw business from Adams, Weld, Jefferson, Boulder, and Denver because of its central location. 6. a. The price of the land is so high that making a return on investment as agriculture is almost impossible. b. Adjacent property is already zoned residential. c. To the east of us is a gun club, riding stable, and livestock sales. Although these are in an agriculture zone, they appear to us as being businesses that do not conform to an agriculture zone. d. We feel if our request is approved it will provide a buffer for the nearby residential developments. e. 80% of the land in this area is classified as #4 dryland. We have been informed that the only crop that could be grown is wheat. The remaining 20% of the land is suitable only for grass since it has a 3 to 5% slope. 7. a. The development will increase the county tax base. b. Sales of both companies are up over 100% from last year. e. There are no storage facilities, retail outlets, or office building complexes in the vicinity. d. We hope to employ as many Weld County residents as possible. 8. a. Lyle's Construction Company, Inc. . b. Atlas Forming Accessories C Mfg. , Inc. These two companies plan to build warehouse and office facilities. Employment is currently between 60 and 70 persons with annual. increases expected to be 10 to 30%. c. Mini storage warehouse is proposed for the near future. I AMI NIH [I Ic1 1I' II Ft F 444 it p 4 � I Policy of Title Insurance ;:t t&frtfttttttth$tttIIuffa I Issued by Transamerica Title Insurance Company i �I IS.II'.I. I 'fu 'I Hp: ;L:IIFI)Il1C (), 1.\I:I.I ,II)\; I'I;tell L O\ I I;.\t,l' I III'. I'.\III'„I).. t t)\_ 1 ,\I\Il) I\ ; :IIIDI I '. It \\I) IIII: I'ItI)\ I,ID\; OI 111k I O\i)IIIu\ • \ \I) HI'i I_ \ IIII\- III.l l (11 Tit \\' \\Il' li11. \ 11'lll': I\;I it \'I' 111\11 1 \11 , a Caliltirilia eorporali a lureiu Ianvil Iln I:on11 'uIv :n-uII u. of Italy of I'o II v ,home In st•lirtIolo \ 'I_nin-I In.. III Inua''e• not ♦ t 'IIln_ iln• amount 01 nI-uraue .•rated Ill Schedule dub 4. and lee- mill ev peu mhle'h Hie Cnnll�.un Ma) bI•eunl Old ;;nel it) pav I44•444.4444111444.4 .u,lanu I II incurred by il, iu.:nnl by n 'I nu uf: tit {7 1. title to the estate or interest described in Schedule A being vested olhemise than as stated thtr in: 2. Any defect in or lien or encumbrance on such title', • 3. lack of a right of access to and from the land: or ' { -l. l'n market:diili[y of such title In 1l ilncas I! /Ireeve/. 'I ran.nlurrirn 'I•ille Inalr:ulce Cuulpauv lid'. r.ul.rd Ihi. polle) In III. .i_Imd .O141 - .ded by it. doh :nllhorizrd ollirel:+ ;tr of Dale 4,1 I'nliry .humu in �rhnlulr A. Transainericabtle Insurance Company ML . Irv' I'osid� ut. I,. j ,v t,•.I 1� .S,•creta ry 4ulht:ry •d f)fl':cer ',, 10 'Il / • SCHEDULE A _ORDER NUMBER 25 ,000 ,219—c AMOUNT • 872 ,000 .00 • Dated this 13th day of June , 19?3, at the hour of 8:00 o'clock A.M. 1. The name of the insured and the estate, or interest of the insured in the land described below and cov- ered by this policy is as follows: Lyle J . Picraux anu Betty L. Picraux, in fee simple , in joint tenancy . • 2. The land, the title to which is insured, is described or known as follows: The North 495 feet of the tlWl/4 of the SW1/4 of Section 32 and the SW1/4 of the SW1/4 of Section 32 , all in Township 1 North, Range 68 West of the 6th P.M. ', EXCEPT the North 330 feet of said SW1/4 of the SW1/4 ; WELD COUNTY, COLORADO. . SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown of record, including unrecorded easements. 2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a cor- rect survey would disclose, and which ore net shown by the public records. 3. Me.chanics liens, or any rights thereto, where no notice of such liens or rights appear of record. 4. Taxes and assessments not yet due or payable; and Special Taxes or Assessments certified to the office of the County Treasurer subsequent to: January 9 , 1973 at 7 :45 o' clock A.M. 5 . Deed of Trust from Lyle J. Ficraux and Betty L. Picraux to the Public V Trustee of Weld County , Colorado for the use of Leslie P. Bryant and Saundra D. Bryant to secure $60 ,000 . 00 , dated April 5 , 1973 and recorded April 10 , 1973 under Reception No . 1610883 , in Book 689 , Weld County Records . Policy No. 1 / ' nOER NUMBC • _— V.W.�. CONTINUED �:io led o: section 6 . t., of ;;a, for i ) J ..,, _ o L•.c� . d of County �C aid 1 -'.. , Co .'. J C. b 1'i 1:LCD in Luo.: CO . _ 3LO .:i' a 7 . of t o; `:: -`y for :J±._t -- ' C .J .. w recorded: January 23, • di: hon, utility _.atallatio�.c, pipelines and rights 8 . All d...�iJL_� :r.- V1>VJ /1 I µ✓d o�.✓c Ct S Lhei eTor. .. to all no n1 •: d miucr:l r i-ht5 9 . An L.'-. 1✓ ' V.J .. L' by .p ✓ '.n and ()_ L..�. J .:c�.4.L jJco. L .G L J 27 72 in C'oo7.1 673 } .,_c. CG 2t o t1 ll ..1C f. eC o: elo County , iD . Deco of ?rest from Jams y :GY: .. .. _ .c ��c:;e L • �errU.. CoLG_• O _o L., of uhle „ 1 o i r. 27 , 1972 72 enG rrccr0Cc Jun to n ._ir 'ra motion JU , 925G Ji ti o 'id County KGCGres . under : a,ccptio:, ko. 1592500 , in boor 671 , Weld r"nrn:cn'g pni ICY __ I'HOI'OSEU COVtNANCE ui' PICUAUx PLANNED UNIT DEVELOPMENT S.W./ of the S.W,�, Section 32 Twp. 1N, Hog. 68W. (Exc. the N:330' Thereof) I. Picraux Unit Development (P.U.D. ) is designed for phase development. The phases are designated as 1, 2, 3, 4, 5, on P.U.D. in coordination with the developers approach to developing site. A. Phase 1. 1. Area is to include the existing office building. 2. Will allow for proposed development of builders supply yard, auto sales, storage units. 3. Construction for water run—off retention pond. 4. 39,874 Square feet, consisting of 3,744 square feet of open storage and 36, 130 square feet on office and shop building. 5. Anticipate starting within one year of approval. B. Phase 2. 1. Area to allow for proposed storage units or expansion area for builders supply yard. 2. 28,800 Square feet of storage facilities. 3. Anticipate starting within two years of approval. C. Phase 3. 1. Area allows for proposed fenced storage spaces or expansion for builders supply yard. 2. Area is all open storage 3. Anticipate starting within two years of approval. D. Phase 4. 1. Area allows for proposed office complex development. 2. 57,840 square feet of office space. 3. Anticipate starting within four years of approval. E. Phase 5. 1. Area allows for proposed retail sales outlets .of domestic consumer goods and products. 2. 112,220 square feet of retail space. 3. Anticipate starting within ten years of approval. II. Pertaining to the development phase of construction, site pains must he submitted to acquire permits for building. Plans to include grading plans, plot plans, and elevations. Zoning commission will be allowed to approve future development, Phases 4 and 5. A. Plot. 1. Must acheive propper location of building within limits allowed on P.U.D. as designated by area units shown. 2. The structures area must meet approval of developer and not exceeding the maximum area size limit of model units shown on P.U.D. 3. Parking area is determined on the P.U.D. by model unit size. (One parking space for every One Hundred square feet of office) . Any exception must be approved by developer and/or county. 4. it must be noted that model unit size and parking area on P.U.D. are sclaed to the maximum limit size unless approved by developer and/or county. 5. Landscaping and sign plans will be submitted. 6. Shaded area is proposed balck top asphalt to be reviewed with each phase. B. Grading. 1. Must acheive proper drainage to catch basin or pond as shown on P.U.U. C. Elevations. 1. No buildings are to exceed two (2) stories in height. 2. Buildings are to involve steel, concrete, or masonry construction, building can include any one, or any combination thereof. Such construction however must meet the approval n1 rlwelnour as to the architectural value and construction techniques. Pagel/2 3. It should he noted() that all buildings arc to maintain an architectural similarity with one another to allow for unity of the total. development. 4. Architectural changes must be approved by the developer, as trends may allow changes to occur in order to meet asthetic values. D. At timie of review a more specific detail of usage will he given such as density of use, size of buildings, and type of buildings. F. P.U.D. will be one ownership, to be managed and maintained, to hold or sell as one unit. F. If at any time of an anticipated sale of a portion of P.U.D. , the proper procedure for sub—deveision, as outlined by the county, will be followed. III. Fire Protection. A. To establish and maintain a retention pond of approximately 155,000 gallons. This level will be maintained by run—off, well or hauling water in. B. A piping system for connecting Fire District pumpers will be installed per requirements of the Fire Cheif, Dacona Fire Protection District. C. This system will be adequate through phases 1, 2, 3, and 4, . upon start of phase 5 a review will be needed by the Fire Chief, Dacona Fire Protection District to determine if a pumping system is required and fire hydrants installed. IV. Wells & Septic A. Phase 1, 2, and 3, approximately 20 peoples, sanitary facilities to consist of 7 commodes, 3 urnals, 5 restrooms, or minimum requirements of health department. Phase 4, approximately 200 persons, 12 commodes 6 urnals, 12 restrooms. Pahse 5, approximately 80 persons, 10 commodes 5 urnals, 10 restrooms. B. Septic to be designed to meet office requirements by health departments regulations at each phase. C. Weels will have a capacity of 10-15 gallons per minute. At 10 gpm rate, 24 hours per day, would yeild 14,400 gallons per day. On 300 days per year usage, the yeild would be 4,320,000 gallons. Our computation of gallons used per person per day is 30 gallons per day maximum. We estimate the number of employees within P.U.D. at 300. With 30 gallons per person per day, used 300 days per year, the water requirement would be 2,700,00 gallons per day. V. Maintenance of common area to be maintained by owner/ developer. VI. Land will be farmed until each phase of development begins. Page 2/2 (Y1d11ORA(1DU(Ti W��D�• Chuck Cunliff February 2 , 1978 To Date COLORADO From Picrauz P.U.D. Subject: No drainage plan has been submitted. The following items should be supplied for review before approval can be given . 1 . Plan showing existing topography (contours , buildings , pavement , etc . ) 2 . Plan showing proposed development (contours or elevations , buildings , pavement , drainage structures , retention pond, etc. ) 3. Existing drainage as it enters site . 4 . Computations certified by a registered engineer showing design of drainage facilities , including retention computations and plan to store the difference between the existing 5 year run off and the proposed 100 year run off while discharging at the existing 5 year rate . The modified rational method is acceptable . • ,_ ..1 saic--CD cal? Drew Scheltinga ! mm • to)uok 27k o FULHAM) D. LAMM '�v-oso:aP Guvmnnt t.T KIIIPLR on Stow 1119/11001 • 1816 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 892-3581 Ground Water 1303) 8923587 January 31, 1978 Mr. Ken McWilliams Weld County Department of Planning Services Weld County Centennial Center 915 10th Street Greeley, CO 80631 Re: Picraux Rezoning Dear Mr. McWilliams: This is to acknowledge receipt of material pertaining to the above referenced rezoning case. The developer has submitted a well permit (No. 96121) as proof of an adequate water supply . We must point out that this permit was issued for an exempt commercial well pursuant to CRS 1973 , 37-92-602(1) (c), as amended. This subsection states that the well may be used for "drinking and sanitary facilities in an individual commercial business" (emphasis added) . We feel that use of this well to service the entire commercial develop- ment would be a violation of state law and the conditions of approval for the permit. It should also be noted that the permit allows for an average annual appropriation of one acre-foot. The water requirement as presented by the developer is 8 .2 acre-feet per year which is 7.2 acre-feet per year in excess of the allowable appropriation. Due to these comments, we cannot recommend approval of the Picraux Rezoning. We would be most happy to review additional material at your request. Very truly yours, 4� JAD/GDV:mvf ( Dr. Jeris A. Danielson cc: W. G. Wilkinson Dep ty State Engineer Reiner Haubold Land Use Comm. Y TOWN OF ERIE POLICE DEPARTMENT 645 HOL-BROOK FIRE DEPARTMENT 828-3200 BOX 98 828-3232 ERIE, COLORADO 80516 828-3843 449-3085 T „CZ'' (.2)1;i'1I;'�- n Ott ;on h 'm : fl I , („1 117. : -_I l v _ _ .. _. c'- __ 1 :. UP.1' (C )HC*.('.1 . .. l_' ... l // STATE DEPARTMENT OF HIGHWAYS Weld County JACK KINSTLINGER "uv' L%LCUIIVI. !URIC-TOP SII 7 ui Picraux Zone DIVISION or HIGHwAy5 _J Change E. . HAASE DI`i"I Itlr-f 4 N � � DWIGHT M. HOWER CHIEF ENGINEER ml ' s'Ac s, DISTRICT ENGINEER l lA Tr. Of COLOHAOO P . BO% 850-1420 2ND ST. • GNELLEY COLORADO 00631 • 4,O i ]5:1.1212 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 comments 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 way 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.H. 7 and enter onto County Road 3. If the need for access to S.H. 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. 0. 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 Chotv'acs Assistant District Engineer AC: da Attachments cc: D. M. Bower w/attach. D. N. Fraser File: Crier-Jacobson via Finch-Graham w/attach. Weld County SH 7 Picraux Zone Change j January 19, 1978 DOH FILE 04-51 Mr. Chuck Cunliffe Zoning Administrator Department of Planning Services / Weld County e 915 Tenth Street Greeley, Colorado 80631 Dear fir. Cunliffe: The Colorado Division of Highways has reviewed the Lyle Picraux Change of Zone and Commercial Unit Development. We ask that consideration be given to the following coiuments. We have reservations about this proposal with regard to zoning and transportation implications. According to the Weld County Comprehensive Plan, the area in question is not within a projected growth area. The need to concentrate growth whenever possible around existing population centers has important implications for the provision of public services, transportation, energy consumption, and environmental quality. The question is whether this development is a "reasonable" location of a commercial development in an unincorporated area, as mentioned on page 129 of the Weld County Comprehensive Plan. State Highway 7 is classified as a Minor Arterial according to the 1980 Colorado Division of Highways' Functional Classification Atlas. This classification calls for maintenance of uniform traffic speeds and minimum interference to through movement and is meant to be a connector between major generators of traffic, such as cities, towns, and resorts. Therefore, we believe serious consideration should be given to limiting additional access onto S.H. 7 and making the major access to this development onto County Road 3. If this zone change is granted, we would need to consider drainage, noise, and access as they impact S.H. 7. We would appreciate the opportunity to comment on these matters at such time as this property is rezoned. Thank you for allowing us to consider this request. Please do not hesitate to contact us if we can be of assistance in the future. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER AC:WRJ:da cc: D. M. Bower - Albert Chotvacs D. N. Fraser Assistant District Engineer File: Crier-Jacobson via Finch-Graham w/encl . if_ i7_ ir_ u_ C C ` LL I p _7 H _; t _ LL LL i f; r ' n `m r- ' o. D v > . ` Fm 4•4 CO CV Lit wt - I1, , ,, , V i LL LL LL 3 ^ l k c N c •a) •9 co m r( O Q r m _ T O ar , o 5 m _ ≤N co c c a V. c '� c o V • 3 co co c4 ��i.,. • co .C ca -c = a) J J ¢ 0 71..1. J I - d a w r- w `- (o >r N -- U V (I) U) CO •- a a) V - 1 - 0 m o n w o o 1 ' • 0 0 0 2 o) o o a ¢ w _ l'• r a -O c_ c c w CC d' co .? o U U U U U o a) 65 ow a a h hl-- Cr N ,. -- O _C o 3 o co a) L l a ," 0 S co Coo U Cc cn J J cn _ w CO ¢ P i Ic . W �' 44, c� ! jai c cli :m � CO �. I ,_ I ' .,:%,' ,;" CO fr_ O k A•'� pp ---I— ' 5 L1 Oi t,/ Q I, • ' 1--.-1 ~ o '• r 7,-L' 5 Nn rE E -- ----- REQUEST C\na`r• LEGAL UISCRIPTI0N ?4•t-_- c _IN _+Re9w LAND USE: N s _n _ t � 1 vA4iA1ttn r A k_- ---- ZONINC N V1C..GlOll.rc� LOCATIONS' clo L _ 1i_k � nz lh Y ^Jk1 - ni_ C5` s J 1 � ____ kr V t �4 0 11.,E 4.13. ' COMMENTS : c �1h t'f Ci � 41Q tat) ri"ge 5-oh s vtic. t.v� 1 aicy¢ . 17M esk- dYCktv; s Set A441 tr tk.KaT: fro?NAL f-rje ekate ,fit) El ut . fie. c4 Yb , {� c' `ALI,� b\-tt.,., 1' j-L SIchi- d1s4 ms...t4-. +h ' b. ter, s+ Oro v„a_ rna _\sue_: \ O et V,1 4,.‘-e... et.y.Q frutut `By 3x i Weld County �'1'eCll colt BOARD OF IlLALM11 FRANKLIN n YODER MO MPH Department rt/n erzt bnVID WFH KINK DOS lg eriry Director 1510 11O 'IIAL ROAD RAI PH MR r;r ee ry�y 0 GREELEY, COLORADO 80631 DORISDIAM JUKE reeler Dos DEFFKE Greeley (303)35 -0Sn0 DONALD HERGFRT Windsor ANNET TE M LOPE7 Greeley HERSCHEL PHELPS JR M D . Ge,yny KAIHLI FN SII AlH:11NIS0Y Ault JOE STOCKION, Gecresr January 25, 1978 Mr. Cary Fortner, Director Planning Commission 915-10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: The following considerations are submitted regarding the Change of Zone as requested by Lyle Picraux: 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 gal./day or serves 20 or more daily inhabitants. No other state or local health permits are indicated at this time, however, any change in the proposed operation will require re-eval- uation by this department. Sincerely, (John C. Hall, M.P.H. , Director Environmental. Health Services JCH:dr STATE DEPARTMENT OF HIGHWAYSweld County JACK KINSTLINGLR LXLC.UIIVI I)IHLCTOR SH 7 :tint Picraux Zone DIVISION OF III( HWAYS Change DISTItICI E. N. HAASE Y17:1111 Y DWIGHT M. BOWER CHIEF ENGINEER DISTRICT ST R I CT ENGINEER X11°jNr H"` STATE Of COLORADO R.0. 80% 850-1420 - 2ND ST • GREELEY. COLORADO 80631 • 13031 353-1232 January 19, 1978 DOH FILE 04-51 Mr. Chuck Cunliffe Zoning Administrator Department of Planning Services Weld County 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: The Colorado Division of Highways has reviewed the Lyle Picraux Change of Zone and Commercial Unit Development. We ask that consideration be given to the following comments. We have reservations about this proposal with regard to zoning and transportation implications. According to the Weld County Comprehensive Plan, the area in question is not within a projected growth area. The need to concentrate growth whenever possible around existing population centers has important implications for the provision of public services, transportation, energy consumption, and environmental quality. The question is whether this development is a "reasonable" location of a commercial development in an unincorporated area, as mentioned on page 129 of the Weld County Comprehensive Plan. State Highway 7 is classified as a Minor Arterial according to the 1980 Colorado Division of Highways ' Functional Classification Atlas. This classification calls for maintenance of uniform traffic speeds and minimum interference to through movement and is meant to be a connector between major generators of traffic, such as cities, towns, and resorts. Therefore, we believe serious consideration should be given to limiting additional access onto S.N. 7 and making the major access to this development onto County Road 3. If this zone change is granted, we would need to consider drainage, noise, and access as they impact S.H. 7. We would appreciate the opportunity to comment on these matters at such time as this property is rezoned. Thank you for allowing us to consider this request. Please do not hesitate to contact us if we can be of assistance in the future. Very truly yours , DWIGHT M. BOWER DISTRICT ENGINEER AC: da rl;'.: . 1 ./, cc: D. M. Bower Albert Chotvacs D. N. Fraser Assistant District Engineer File: Crier-Jacobson via Finch-Graham w/encl . mitmoRiinDum WIDC To_ Planning Commission January 19 , 1978 Date COLORADO From - Lyle Picraux - C.O. Z . Subject: This office would offer the following comments and/or suggestions : 1 . Erie City limits being within a few hundred feet of subject property , I would recommend their input into this request . 2 . Construction of proposed pond and drainage should have the approval of the State Highway Department as as all drainage appears to dump on to State Highway R. O. W. 3 . County Road 3 , not being a thru road and treated as a so called "Wagon Trail" , must be upgraded to accomodate the traffic this request might generate . Possibly this could be coorelated with the Town of Erie . C 2(ia,nt Gilman E. Olson mm i \kiN` I?Jit MlVN iIIM1I I If1N GM UN It:nl n /11 117'II 111p, -� � � ,A December 28, 1977 Mr. Ken McWilliams, Planner Department of Planning Services Weld County Centennial Center 915 10th Street Re: Lyle Picraux, Zoning Change Greeley, CO 80631 SW*, SW4, Sec. 32, TIN, R68W Dear Ken: A review of the proposed zoning change from Agricultural to Commercial- Planned Unit Development has been made by me and I submit the following comments : 1 . The soils are classified as Ulm clay loam (600) and Midway- Shingle complex (40 ) . The Ulm soil is a deep to moderately deep heavy textured surface with a slowly permeable subsoil . It carries an agricultural land classification of IVe. Using alternate wheat and fallow, its estimated yield is 28 bushel per acre under optimum conditions. It would not be considered prime agricultural land under the present definitions . The remaining 200 or Midway-Shingle complex is a soil found on moderately to strongly sloping ridges and hills and is a shallow, well-drained soil formed in weathered residual calcareous shale. It has an agricultural classification of Vle. It, of course, would not be considered prime agricultural land. The latter soil could have some severe qualities for roads, foundations, etc. , and an on-site engineering sample and test would be advisable for designing structures of this type. 2. There are no major irrigation systems involved. 3. Any comments on hydrology will be reserved for the Sketch Plan phase of development as no topographic or hydrology computations were submitted. 4. In summary from a strictly soils and water standpoint , we see no real conflicts from our interests . Sincerely, Ct ", //�/:.'t.F"L4 Cc Jack Wheeler President , Enclosures .I CONSERVA l ION - DEVELOPMENT - A.I (;OVEnNMF NI AI - - - -- - j L H gm- Di / p1'e e I (\h 7-C. i Iff-P. it I n7"%r7iT,i7, 67-8 r S4%,Std W ,-/ ✓--g-7 , N &x,32 T/A)R48� i� 67-a 1:;f g7M — DE I "y * 7 1 TOWN OF ERIE POLICE DEPARTMENT 645 HOLBROOK FIRE DEPARTMENT 628-3200 BOX 98 820-3232 ERIE, COLORADO 80516 828-3843 449-3085 - T `,.1j J$ '. c0l_0_.':co £O631 Ti - O c C - -'1 !. C l all 7 10'. :,C ' 1i"L_ O 7:lC( 1..'li'. .,.f0C mlcct , Chairman _'1-rna ; o ? r'_ rio:1 / The Pratt Agency, Inc REALTORS SINCE 1912 2130 MOUNTAIN VIEW P O. BOX 801 LONGMONT, COLORADO 80501 13011 776«9S METRO«C-0228 mamma January 11, 1978 Mr. Chuck Cunliffe Department of Planning Services Weld County Colorado 915 10th Street Greeley, Colorado 80631 Re: Pt. SW4i Sec. 32, TIN, R68W Dear Mr. Cunliffe: In reference to your letter advising of the request for a zoning change on the above property, I am pleased to inform you that we recom- mend the commission act favorably on this matter. Thank you for the notification. Sincerely, TEE PRAITAGENCY, INC. Kenneth E. Pratt President KEP/sh RE AL1OR Lyle Picraux Z-295 : 77 : 13 SURROUNDING PROPERTY OWNERS January 9, 1978 George S . and Edminston Helen Reynolds Heirs and Ray L. Reynolds P.O. Box 675 Longmont , Colorado 80501 Anna M. and Kenneth E. Pratt Karen h. Landers 2745 Grinnel Drive Longmont , Colorado 80501 Dolores Betty Howe 1340 Holly Drive West Broomfield , Colorado 80020 Trustees of Wheaton College c/o James D. Daley 1900 1st National Building Denver , Colorado 80202 Hello