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Home My WebLink About20120305.tiff INVENTORY OF ITEMS FOR CONSIDERATION • • , Applicant f Big Thompson Investments Case Number 1 COZ11-0001 Submitted or Prepared Prior to At Hearing Hearing l Staff Comments X N Department of Planning Services Field Check Form X Letter to Applicant X \' Legal Notifications X _ Application X Maps X Deed/Easement Certificate X �' Surrounding Property/Mineral Owners X ✓ 3 Referral List X Referrals without comment X • Colorado Department of Transportation,referral dated 11/14/l 1 X N • Zoning Compliance,referral dated 11/15/11 X ',1 • Weld County School District RE-1,referral dated 11/17/11 1 Referrals with comments X • Division of Water Resources,referral dated 11/15/1 I X • �, • Central Weld County Water District,referral dated 11/17/11 X �, • Weld County Building Dept,referral dated 12/19/11 -,,,, • Weld County Dept.of Public I lealth and Environment,referral dated 12/13/11 --., • Weld County Dept.of Public Works,referral dated 12/12/11 5 Referrals with no response N/�t • Town of Gilcrest �4 • 'town of LaSalle • Western Mutual Ditch Company • Colorado Division of Wildlife • 1.aSalle Fire Protection District • Greeley Soil Conservation District Nt 6 Surrounding Property Owners/Mineral Owners -Letters X V 7 PC Exhibits N'A �` 7A Planning Commission Sign posting affidavit (Jd c+/tdtre. ne X v Ib earisen/ciatt_uAlenpi L, &ill,- Epp sihm s/ /-/7-/2x NA 7e, 6 mops of/ad siel4 4-4s,,daief /-5-/. �1 7 ci 4 A 2ria1 phdas bF('a,JSar /≥c4l,dated r�/7//i 1 hereby certify that the items identifie ein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing.0 . ..isaa•-' `4,• EXHIBIT : . 70144- k LI Tom Parko . Planning Manager 2012-0305 il_a•• X8. - • ,- Lr ' • LAND USE APPLICATION SUMMARY SHEET k,c _ CHANGE OF ZONE PLANNER: Tom Parko HEARING DATE: February 1, 2012 CASE NUMBER: COZ11-0001 APPLICANT: Big Thompson Investment Holdings, LLC, c/o AGPROfessionals, LLC. ADDRESS: 4350 Highway 66 Longmont, Colorado 80504 REQUEST: Change of Zone from the A(Agricultural) Zone District to the 1-3 (Industrial) Zone District LEGAL: Lots A and B of Recorded Exemption No. 4914; Being Part of the West%of Section 23, Township 4 North, Range 66 West of the 6th PM, Weld County, Colorado LOCATION: South of County Road 44, South East of State Highway 85 and east of County Road 33 ACRES: 113 +/-acres PARCEL(s)#: 1057-23-2-00-065 & 1057-23-2-00-066 • POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: Without Comment: • Weld County Zoning Compliance, referral dated November 15, 2011 • Weld County School District RE-1, referral dated November 17, 2011 • Colorado Dept. of Transportation, referral dated November 15, 2011 With Comment: • Division of Water Resources, referral dated November 15, 2011 • Central Weld County Water District, referral dated November 17, 2011 • Weld County Building Inspection, referral dated December 19, 2011 • Weld County Department of Public Health and Environment, referral dated December 13, 2011 • Weld County Department of Public Works, referral dated December 12, 2011 The Department of Planning Services' staff has not received responses from: • Department of the Army Corps of Engineers • Western Mutual Ditch Company • Colorado Division of Parks and Wildlife • Town of Gilcrest EXHIBIT • Town of LaSalle • LaSalle Fire Protection District(F-9) I • • Weld County Sheriffs Office • West Greeley Soil Conservation District Call-0001 Page 1 gga ). — li l-�' r I _cou ?Y j ADMINISTRATIVE RECOMMENDATION CHANGE OF ZONE PLANNER: Tom Parko HEARING DATE: February 1, 2012 CASE NUMBER: COZ11-0001 APPLICANT: Big Thompson Investment Holdings, LLC, c/o AGPROfessionals, LLC. ADDRESS: 4350 Highway 66 Longmont, Colorado 80504 REQUEST: Change of Zone from the A(Agricultural) Zone District to the 1-3 (Industrial) Zone District LEGAL: Lots A and B of Recorded Exemption No. 4914; Being Part of the West'/:of Section 23, Township 4 North, Range 66 West of the 6th PM, Weld County, Colorado LOCATION: South of County Road 44, South East of State Highway 85 and east of County Road 33 ACRES: 113+/-acres PARCEL#: 1057-23-2-00-065 & 1057-23-2-00-066 • SUMMARY OF THE REQUEST: The owner of the property approached staff in 2011 to discuss changing the zone on the property described herein from Agricultural to Industrial. The owner is trying to market the property to prospective buyers who have some initial interest in the property for industrial uses. However, the prospective buyers want to make sure that the property is entitled and prefer industrial zoning vs. agricultural zoning. Staff initially discussed with the applicant to proceed with a PUD, which provides the most flexibility but after reviewing some of the goals and policies in the Comp Plan staff and the owner arrived at the conclusion that the property could go through the straight change of zone process because of its proximity to a major highway (US 85) and a major road (CR 44, formally SH 256). The subject property is also adjacent to rail is has access to CR 33. The area in general, although primarily surrounded by Agricultural zoning is in transition. There are several commercial and industrial uses in the area that are either approved by a USR (Use by Special Review), SPR (Site Plan Review) or PUD (Planned Unit Development). THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-50 of the Weld County Code. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County Code. • Page 2 B. Section 22-2-40.D.UD.GOAL 4 states, "Define Urban Development Nodes as being located within a one-quarter-mile radius of two (2) or more roads in the state highway system, or as otherwise defined". • Approximately two years ago, CDOT (Colorado Dept. of Transportation) turned over SH 256 (CR 44) to the County. Before the County took ownership the intersection of US 85 and SH 256 was classified an Urban Node. Staff still believes the intersection can meet the intent of an Urban Node because County Road 44 is classified on the County's Transportation Plan as a Major Arterial. The cross section for a Major Arterial is 140-feet. The US 85 Access Control Plan calls for an interchange to be constructed at this intersection once CR 33 is closed and the demand triggers construction. Public Works indicated that CR 44 receives high volumes of traffic. C. UD.Goal 4. Define Urban Development Nodes as being located within a one-quarter-mile radius of two (2)or more roads in the state highway system, or as otherwise defined. 1. UD.Policy 4.1. Development of Urban Development Nodes requires appropriate infrastructure, well-designed and managed road access and high visibility. Although the intersection at CR 44 and US 85 is not by definition an Urban Node, staff believes that CR 44 is a major road in the County system as defined in the Transportation Master Plan. 2. UD.Policy 4.2. Encourage urban development within Urban Development Nodes. • The subject property is located within '1/ mile radius of a State Highway and a major arterial as classified in the County Transportation Plan. The subject property can be be supported by adequate infrastructure (wet and dry utilities) now and in the future. 3. UD.Policy 4.3. Other Urban Development Nodes may be designated at significant roadway intersections, in areas where commercial services would otherwise not be practically available within a reasonable proximity. Such other Urban Development Nodes should be determined in conjunction with transportation planning. The Comprehensive Plan provides some flexibility in classifying and determining other appropriate locations for other Urban Nodes. When SH 256 was removed from the state highway system and given to the County, the County classified CR 44 a major arterial. Staff believes that the intersection of SH 85 and CR 44 should be classified and designated an Urban Node and will make a future recommendation to the Board to include it on the Urban Development Classification Map. D. Section 22-2-40.D.UD. POLICY 4.2 states, "Encourage urban development within Urban Development Nodes". The proposed COZ and the subject property has the potential to be urban in scale and has the necessary infrastructure in place to accommodate urban scale development. The property is served by • public water and although public sewer is not available there are methods to accommodate sewer on a large-scale. Page 3 Section 22-2-80.A.1.GOAL1 states, "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, • Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable". The proposed Change of Zone is adjacent to the Union Pacific Rail Road, which runs tangent to the property to the west. In addition, Central Weld County Water District (CWCWD) has a public water main running in County Road 44, directly north of the property. CWCWD has issued a letter indicating that they can serve the property. There are two lots proposed in the COZ. At this time, individual septic systems can accommodate the lots. However, future development may have to evaluate and design any system to accommodate the use. The Department of Public Health and Environment indicated in their referral that a septic system can be evaluated at time of Site Plan Review(SPR). E. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. There are several properties in the vicinity that have commercial or industrial uses that are described as follows: SPR-302, located northwest of the site is approved for maintenance and repair; USR-565, located west of the site is approved for auto repair and maintenance; AmUSR- 548, located north of the site is approved for processing and storage; • USR-1084 located north of the site is approved for migrant housing; 2ndAmUSR-762 located northeast of the site was originally approved for storage and processing, but is in the process of submitting an amendment to include repair and manufacturing uses; and, USR-1783, located northwest of the site was recently approved for vehicle and agricultural equipment sales, outside storage and rail shipments. F. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. Central Weld County Water District (CWCWD) is able to serve the property. CWCWD has a current water line located in Weld County Road 44. Sewer can be handled by Individual Septic Systems since the Change of Zone contains two lots and is not considered urban development at this time. Septic systems will be evaluated at time of Site Plan River and prior to the issuance of a building permit. G. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts. The property is currently being accessed from County Road 33 and is described on Recorded Exemption Plat No. RE-4914. The US Highway Access Control Plan, dated December 1999 cites, SH 256 / CR 44 / CR 33 as two four-legged intersections that are currently unsignalized. Both roads intersect US 85 at an oblique angle (50 degrees) and because of • the close spacing between the two intersections, CR 33 intersection will be closed (medium priority). The closure will eliminate an at-grade Rail Page 4 Road crossing in addition to the intersection. CR 33 from SH 256 to the RR tacks can be vacated. East of the RR tracks and new connection to CR 44 will be needed. There is a proposed signal at the intersection of • CR 44 and US 85, which should be completed in 2012. The owner is working on an easement with an adjacent property owner to the north to access on CR 44. The owner understands that CR 33 will be closed in the future. H. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1. Section 23-2-30.A.5.a. — This property is not located in an overlay district, e.g. floodplain, geo-hazard, airport, etc. 2. Section 23-2-30.A.5.b. — This property is not suitable for sand and gravel operations or mineral extraction as stated in the Geology report prepared by Soilogic dated 10.24.2011 and signed and stamped by a Professional Engineer. The proposed change of zone will not preclude or prohibit the future extraction of a mineral deposit such as oil and gas. The owner is currently in negotiations with Anadarko to purchase the hard rock minerals, i.e. coal and is working on a Surface Use Agreement. 3. Section 23-2-30.A.5.c. — There are some pockets of soil that have moderate limitations with a very small area designated severe. However, most of the property has slight soil conditions that do not need to be addressed during the Change of Zone. • This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Change of Zone from the A (Agricultural) Zone District to the 1-3 (Industrial) Zone District is conditional upon the following: 1. Prior to recording the Change of Zone Plat: A. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) B. Per Section 23-2-50.6.13 of the Weld County Code, the applicant shall provide the Weld County Department of Planning Services with evidence that the hard rock minerals have been purchased and that a Surface Use Agreement (SUA) has been negotiated with the mineral interest owner(s). (Department of Planning Services) 2. Prior to recording the Site Plan Review(SPR) Plat: A. The drainage plan map needs to be amended to show existing and proposed culverts and/or bridges, overall drainage area boundary, sub-area drainage boundaries, proposed flow arrows, and the locations of proposed detention ponds. A general vicinity map at a scale of 1"=2,000' needs to be included which shows the upstream off-site drainage areas flowing onto the property. (Department of Public Works) B. The Drainage Report acreages need to be consistent with acreages described in the final plat application. (Department of Public Works) • C. Hydrologic computations for onsite and offsite flows. The site must detain all storm water Page 5 runoff generated as a result of the proposed development. The detention pond(s) must be sized to capture the 100-year developed on-site runoff and release it at the 5-year historic runoff. (Department of Public Works) • D. Hydraulic computations for onsite and offsite flows. The storm water system must be sized to safely handle the offsite flows that will flow through the site. (Department of Public Works) E. The proposed grading will need to be provided with the Master Drainage Report. Please note that grading permits will be required for the construction of the storm water system (channels, ponds, swales, etc), access roads, building sites, and any other activities that disturb more than one acre of ground. (Department of Public Works) F. If phased construction is proposed, the Master Drainage Report shall need to include a Master Drainage Plan for the site that addresses how it will provide the necessary construction—phase stormwater management to prevent offsite impacts by stormwater discharges. (Department of Public Works) G. To protect public safety and prevent offsite damages, sufficient interim Best Management Practices (detention, erosion, and sediment control) will need to be designed, approved, and installed prior to commencement of construction. (Department of Public Works) H. An On-site and Off-site Geotechnical Soils Report needs to be submitted that includes a preliminary pavement design for the roads to be constructed within the property. (Department of Public Works) I. The applicant needs to submit a grading permit showing: proposed grading, erosion control placement, typical details for all BMPs to be utilized, and a Construction Stormwater permit from the Colorado Department of Public Health and Environment. The permit must be stamped by a registered professional engineer licensed in the State of Colorado. Please • note that the grading permit will not be released until the applicant has signed the improvements agreement, posted collateral, and submitted the final plat for recording. (Department of Public Works) J. The applicant needs to enter into an Improvements Agreement for the onsite and offsite work to be done. Collateral needs to be submitted to and accepted by the Weld County Board of County Commissioners prior to recording of the final plat. (Department of Public Works) K. No Traffic Study was submitted for this Change of Zone application. The Public Works Department will defer the traffic study until the submittal of the Site Plan Review application documents. The detailed Traffic Study should follow the Traffic Study checklist. Roadway improvements including but not limited to paving of CR 33 to Hwy 85 (unless access will be from CR 44), auxiliary lanes, widened radii, and relocation of accesses may be required by Weld County Public Works or CDOT. In the absence of a Traffic Study, Public Works will determine appropriate triggers for the roadway improvements that mitigate such issues like site distance and large trucking traffic volumes. Once the traffic study is submitted, changes to the site layout, turn lanes or other improvements may be required by Public Works or CDOT. The applicant should expect to fully fund the necessary roadway improvements to mitigate for the traffic generated by this development. (Department of Public Works) L. An access permit cannot be granted at this time. Access requirements will be determined when the Traffic Study is reviewed with the Site Plan Review application. Access from CR 44 will require an easement or purchase of adjacent land and should be established at Final Plat so that access and offsite requirements by the County or CDOT may be addressed. If access to CR 44 is not established with the Final Plat application, offsite improvements to CR 33 may be triggered. (Department of Public Works) • Page 6 3. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled COZ11-0001. (Department of Planning Services) • B. The plat shall adhere to Section 23-2-50.C and 23-2-50.D of the Weld County Code. (Department of Planning Services) C. All recorded easements and rights-of-way shall be shall be shown and dimensioned on the Change of Zone plat. (Department of Planning Services, Department of Public Works) D. All approved accesses shall be delineated on the plat. (Dept. of Planning Services) E. County Road 33 is a local gravel road and requires 60-foot right-of-way at full build-out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code (Section 23-1-90), the required setback is measured from the future right-of-way line. F. County Road 44 is an arterial road and requires 140-foot right-of-way at full build-out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code (Section 23-1-90), the required setback is measured from the future right-of-way line. G. The following notes shall be delineated on the Change of Zone plat: 1. The Change of Zone allows for 1-3 (Industrial) uses which shall comply with the 1-3 (Industrial) Zone District requirements as set forth in Article Ill, Division 4, Section 23-3-330 of the Weld County Code. (Department of Planning Services) 2. Any future structures or uses on site must obtain the appropriate zoning and . building permits. (Department of Planning Services) 3. Building permits shall be obtained prior to the construction of any new building. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 4. New buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following has been adopted by Weld County: 2006 International Building Code, 2006 International Mechanical Code, 2006 International Plumbing Code, 2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 5. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) 6. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 7. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning • Services) Page 7 8. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity • increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 9. With a Site Plan Review submittal, the applicant will need to provide a Master Drainage Report which adequately addresses the requirements listed in Weld County Code Chapter 8, Article 10, Section 8-11-120. 10. A detailed Traffic Impact Study is required with the Site Plan Review application. Offsite roadway and/or intersection improvements may be required. 11. Access requirements will be determined when the Traffic Study is reviewed with the Site Plan Review application. 12. Prior to recording a Site Plan Review Plat, the applicant will be required to enter into an Improvements Agreement for onsite and offsite Improvements. Collateral needs to be submitted to and accepted by the Weld County Board of County Commissioners prior to recording of the plat. 13. Prior to recording a Site Plan Review Plat, the applicant needs to submit a grading permit showing: proposed grading, erosion control placement, typical details for all BMPs to be utilized, and a Construction Stormwater permit from the Colorado Department of Public Health and Environment. The permit must be stamped by a registered professional engineer licensed in the State of Colorado. Please note that the grading permit will not be released until the applicant has signed the improvements agreement, posted collateral, and submitted the Site Plan Review plat for recording. • 14. An On-site and Off-site Geotechnical Soils Report needs to be submitted prior to recording of the Site Plan Review that includes a preliminary pavement design for the roads to be constructed both on-site and off-site. 15. To protect public safety and prevent offsite damages, sufficient interim Best Management Practices (detention, erosion, and sediment control) will need to be designed, approved, and installed prior to commencement of construction. 16. All future owners shall be aware of and adhere to the 1999 U.S. 85 Access Control Plan. 17. Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long- standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long- established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal • confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; Page 8 and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A • concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. • People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 4. Upon completion of 1. through 3. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C & Section 23-2-50.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 5. The Change of Zone plat map shall be submitted to the Department of Planning Services' for recording within sixty (60) days of approval by the Board of County Commissioners. With the Change of Zone plat map, the applicant shall submit a digital file of all drawings associated with the Change of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Department of Planning Services) Page 9 t cisit- • DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE ' GREELEY, CO 80631 IE`D WEBSITE: www.co.weld.co.us E-MAIL: tparko@co.weld.co.us PHONE: (970)353-6100, Ext. 3572 FAX: (970)304-6498 COLORADO December 20, 2011 TIM NAYLOR AGPROfessionals 4350 HWY 66 LONGMONT, CO 80504 Subject: COZ11-0001 - CHANGE OF ZONE FROM THE "A" (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL)ZONE DISTRICT. On parcel(s)of land described as: PT W2 SECTION 23, T4N, R66W LOT B REC EXEMPT RE-4914 of the 6th P.M., Weld County, Colorado. PT W2 SECTION 23, T4N, R66W LOT A REC EXEMPT RE-4914 of the 6th P.M., Weld County, Colorado. Dear Applicant: I have scheduled a meeting with the Weld County Planning Commission on January 17, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 1, 2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in • attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weidcourlt4Plan n ingctsses.orq If you have any questions concerning this matter, please call, Respectfully. Digitally signed by Kristine Ranslem Reason:I am the author of this document / .4?$. q Location:1555 N 17th Ave 0tlf Date:2011.12.20 11:11:43-07'00' Tom Hark° Planner • PLANNING COMMISSION SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JANUARY 6, 2012. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, TOM PARK() , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS HEARING FOR COZ11-0001 IN THE AGRICULTURAL ZONE DISTRICT. Tom Parko Name of Person Posting Sign gr/di() Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this ckhday of sic , 201. WITNESS my hand and official seal. aPA tary Publi P ....... } E'T4ittif `: My Commission Expires: My Commi5&on Expires c 10/14/2015 yr 4\ Cr ��Cs EXHIBIT I Call-COO BOARD OF COUNTY COMMISSIONERS SIGN POSTING 411 CERTIFICATE THE LAST DAY TO POST THE SIGN IS JANUARY 6, 2012. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, TOM PARKO , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS HEARING FOR COZ11-0001 IN THE AGRICULTURAL ZONE DISTRICT. Tom Parko Name of Person Posting Sign //I/144CMA7 Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD Th fg instrument was subscribed and sworn to me this a6 ay of , 2012. WITNESS my hand and official seal. mss•.,, otary Publi BETHANY $ALZMAN My Commission Expires `�. p lbMy Commission Expires: 10/14/2015 �j • Q'- nx'i^0\5\-- , a. 1.4. ''''' 11 41 e. 1 4 iii If Alt . 4 1 I i i j . gifit t't 414 1 4 . p , 4. 4( t, I . i • 1 it 9, - At • . II 1 it 411 r Alp 7 u .-.. . r trikili: /1• ilk' 4, . \I- • • - - ../. i jog .4 A p I P ., 1 itek, ili 41 ' Sr ' / ' •` w • / 1 Jr R ' t it • ' r 7 s. t- . II . tftt • il• r w ''/ r •!�1� "1 R. % ` is; • • iovir / ' '( •aI ' J , - a 4 Oki j • l L '1 / '✓ �1 11. 1` I .A . ": z/.• • e ill .. Itt:40 e driiiii ;I:i! ics c Ir. l'a) { P-- z p pli Nil. , , . IIIF , iti CO CO O C is n } T � z `— " 4../ � c Z Q t — O Q �1 �, A. A tIH — 03 Cr) ceird ViHI ! 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J 1 y - r • 2 O 1/27/2012 • wal lFlOOKE 1 IIllill . .- I I rT, •• .,... • fk Y-3 dtc • V- \ fl j, ♦ • tit- t'r Z, . r .1 ':;0--.44,.. ::::44if: iii4 'is. • kIlli . N , - - t • ; - -• • • . 1. J • .r .t • • ' q • • 4 1/27/2012 • .l /"N mon , sue. ishies2., M1 i i . 4 Mat inr MO Ww * • .—� o _ Ili w� , ,p_-.ib,. If w a s I `.n! i•lNj14`i,rr. ' r coN ulrirwuw 4Y�N►��II'' , i 4rr•y � '� " '•`��r'� a•'1. . , 'rt I •-% ..4 'tic' . ! y -•, \,, _ 1r` ""Yf , y +•` -{ it. a�_ S ! "if + li,•+•, t• 1 / ..r- t y yT'.•:IY+ j j../( r t �, `:. • f a r•• +1 V • �y �i+ , te . .. r • r.•'2•4� •.. : aQ.M r♦ qt r ✓ ^* 1 .. 't•• .a) •u1„� , . k Pr .. ttt```VVVyyy��_kk _ \ 4 . T rigfies iiiiihk ♦/ ,. 41111C.r . .fife Y 4. z *h -V. 4I - ' " , ,(' • 5 1/27/2012 • f _ I , T'i . • a • ' fir 't... 1v� _ l 1 •r�.r Hi' ♦Its ...�A �vJ14 4 y�I`„ail. .r � t , - itt k :444 4r L1 / !y 1 rrt .'#(4 I, fie y J .I At ' 7 I 1 11... , ...„:0 . , ,,,v ., ..4 /..,,I; • 41',7 1, . ,' /Is 1.. thei'10,4:44. • .\,: ilill i, Ir $4. , ?CH.)! I .•• 1 a ••• I el 4* ,' . • i A. ,:,, ! • E . 1 S •r, °r• • • • - , -r.k • 1 y ,l , 40•. Oft,. • \ ...... . 9 6 • FIELD CHECK Inspection Date: November 29, 2011 Applicant: Big Thompson Investment Holdings, LLC Case#: COZ11-0001 Request: A Change of Zone (COZ)from A (Agricultural) Zone District to the I-3 (Industrial) Zone District, Legal: Lot A and B of RE 4914; PT of the W '/3 of Section 23, Township 4 North, Range 66 West of the 6th PM., Weld County, Colorado. Location: South of County Road 44; Northeast of and adjacent to County Road 33; East of US 85 and adjacent to Union Pacific R.R. Parcel ID #: 1057-23-2-00-0065 Acres: 106.8 +/- Zoning Land Use N PUD w/A, C-3 and E Uses N Ag, Commercial , Light Industrial , Manufacturing E "A" Agriculture E Rural Residential /Ag S "A" Agriculture S Rural Residential /Ag W "A" Agriculture W Rural Residential /Ag • Comments: COUNTY ROAD 33 IS TO THE EAST. COUNTY 33 IS GRAVEL AND TREATED WITH MAG CHLORIDE. RURAL RESIDENTIAL AND AG IS LOCATED TO THE SOUTH AND EAST OF THE PROPERTY. US HIGHWAY 85 IS TO THE WEST AND THE UNION PACIFIC RAIL RUNS NORTH / SOUTH ALONG THE WESTERN PROPERTY LINE. COUNTY ROAD 44 IS TO THE NORTH WHICH IS PAVED WITH ASPHALT. THE INTERSECTION OF CR 44 AND US 85 IS NOT SIGNALIZED AT THIS TIME. ACCESS TO THE PROPERTY IS FROM CR 33. CURRENTLY THERE IS NO ACCESS FROM CR 44. PECKHAM FEED IS LOCATED TO THE NORTHWEST AND MART N PRODUCE IS TO THE NORTH. THERE IS SOME EXISTING OIL AND GAS WELL HEADS AND TANK BATTERIES ON THE PROPERTY AS WELL AS A SMALL ABOUT OF PIPE BEING STORED. A LARGE IRRIGATION CANNAL RUNS ON THE WESTERN PROPERTY LINE WHICH FEEDS SVERAL IRRIGATION PIPES FOR CROPS. THERE ARE NO STRUCTURES ON THE PROPERTY. — Digltally,igneb Ey iom 'rAU Signature House(s) Derelict Vehicles Outbuilding(s) o Non-commercial junkyard (list components) Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops ❑ Site Distance ❑ Wetlands ❑ Mobile Home(s) o Oil & Gas Structures ❑ Other Animals On-Site ❑ Wildlife • ❑ Water Bodies ❑ Utilities On-Site (transmission lines) Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. • t. t s ; County Road 33 looking West. Property is located to the right. yr Looking North from County Road 33. • • r Looking Northeast from County Road 33. • r .\�er °yam ` STOP ,� `. • • r par 11 • 4440,4 r Ei i uy t:M 1.: 1 ••. ♦iy .v. _�. f . 4.1 Intersection of County Road 33 and Union Pacific R. R. State Highway 85 in foreground. • 0 , . ,r,c t•tn','• 4~ �S .t �0 N S" iz>dvx, stY,*;,(% 0,„?,,'; •x` . ..<4.% `!.f.:;017! =.4 141nf'l.A:$- q g, . z' x •, ^.• r-, as,.")-•wd.^@"tea. pz9 L I • ____J: Looking North from intersection of County Road 33 and UPRR. • s '' 0- Fs • / 1 ` i `y !� .y,.. <..... w,. lt ' ,�,. sue+ �� ' .P'}r�S�4 :'°' �. �.:. ° _ g �Ae 11 -7,-. .. $. ' d �"t � . w tt a l §a . � ' .A. z _ •$ f + ., p s. � .a . . M •� 1r V W,. g_°y• 1 'µt,4,4, '-r 1 . 4.V Y • '.4.144'a•` C` ..M t3r,-x. 4: .rh L R F rvn... �.�1 — ik;W /. d w °a ',• — ;Vy .rg. c Si 'H„ l� M f . ', _ `s tt ./$ � 1. f .• � -fir , -.V� L o.. k. r - t � it.tof i' °• 'm�"� a wry ' S' •�.. 4, .- r,° 8�^ .F,.J..:: '« ..a.'1.a$i'.444131 Looking northwest from property. Peckham Feed in foreground . • apwly„ -. • .a,. I 11 Pr.+ Cff' 1 i '�s.A'°3 rat 1 'i . �€6 r a 11 lleilkillOill Y 1 Y'Oaa " it t kq " I�'� • .—r---_ — Looking North from property. Mart N' Produce in foreground. • a4V sC y6) . ♦. • e k.. . ... _ ..:."::. 's$ '��'^ L ' 4p� 'M i. E'I f.n f94 • s \ 'v'•&xt q ..., k : °. 3 J,at Y T^: s i ° ' i � � �•r -.bx 9 t i • e .. . cx r L"• • �f i s 4. a .s,,¢ cyst. !`�- d' ¢ 'i rrt •latit ...► : ,+ ""e yr •'* s i • r .•r .•�pv _ r.. a . ,. ., • - f. -t s. •a. • a \"' . , k .. ' } t, - - do - 44 • jig } . 1 .' . r • { ' « ow rw 0- , .. Looking South from Northern Property Line. a i 4 , ,IIII • . 'se,, .•,w r -y !.2 . :� � `. 1MI' f'�L•7 '" x •^n. 7�1� •a f "gAl:!. '�' ^�ry"'°p 14 ? 11irrM L :�t w. ; + • ♦ i f v ,t «� ? r I t it".7 TAit]I�`? pp..... �,4 1 l �,�y Y Ak:.. y 'R' .1 . ri f . 1$ �'-� .t� ,. ♦'�w °' rR yrp'l+i l a x'uo r f r`M �..m ywFw.+�i?!^^s .F... 1► / ,w4�°tom• • . . s„sa r ~ + •#► ' t j., V . '_ • ,> .fig r Iv • ,►^ :"y y'„ e - _ v.l,. ...,:•,,,,,..,4' „ - r .8{ �• �Inf.a�M'4T 4. • ent 1 �' ..� .�... �-.. *wet .e.,e,.Y .,��. 04 .04 Looking West from Property. Peckham Feed and Dirty Dan's Garage in foreground. a � 4 : --.s_rte. _. �r._L: °.+' ra°�,.�' 'I,Ah II .ewh«vaud 3°weir.`•^-' "'L ,+r• - .I '+iM�.9»: •* -41F'5!'y': � M ;:..1.-y .::: ,r!"''$y,..., .".a... - A t i .,y I ., w. 6 A x µ 4:,', r a ,:~ iF IIArW.{ larlittle]� t -;:l.-4..f� '4"., �,, "...' K^a�te-i ),'-,/,..4„1.2 .,...„:1,47,,--,-;•-**,.-4..— 4t.,,,ate;.;:-. ,.ire--7r -.ermp e- ,.i. ~ „ . t ^ - ire,rk t P� y Y ^�s _ ,c° .a i7 ,st•t'a . "� rw . .` .1k V fi�IK. �"" 74.;2"-:P Vs If :. .n°w ,. '�' #. • ` y.��,+�^ its* r _��V� • `i♦ t- ‘� ry t '0 's cg r.iw ' a '• ,>ra x_age/alt �'AF+w ".., mlr" +: • -l. x 4 v rx f 'y j d ..+ rv ..• r ..p .' �. y.•16' mot _ M• 4.+� • •� q, ..+» ,yam 3.1s A,. • ii 'T • \ a. c Looking South from Northern Property Line. • • . x -. • IIIIM .- • "t✓i ,yyy„,hy N" -,-, . . p. b«:» �t . " .�,T�, •a. p �. `.• '� -K °.a .1T?er^ 'fi .may F •�Ir ri. 46 • �C� "'y � :♦ as I 1 t 7 7 It.:A � i��^, lit ° t a �` • �. i .143:,. ' .H . ' .. 1.' : : .,...44101. • . j4, ., Pr :N. 1'S �.. s q +• 410 it. Y. �. • tea I n � �ti. • - rat je Rs• j Looking North. Existing Structures along County Road 44. • . .. 1 •).), � r fj. ,. r # • _*:' Looking West from Eastern Property Line. • f f \'1":44' DEPARTMENT OF PLANNING SERVICES 1555 N17th AVE GREELELEY, CO 80631631 WEBSITE: www.co.weld.co.us ' E-MAIL: tparko@co.weld.co.us PHONE: (970)353-6100, Ext. 3572 �� / C FAX: (970) 304-6498 COLORADO November 14, 2011 TIM NAYLOR 4350 HWY 66 LONGMONT, CO 80504 Subject: COZ11-0001 - CHANGE OF ZONE FROM THE "A" (AGRICULTURAL) ZONE DISTRICT TO THE 1-3 (INDUSTRIAL)ZONE DISTRICT. On parcel(s)of land described as: PT W2 SECTION 23, T4N, R66W LOTS A AND B REC EXEMPT RE-4914 of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. • It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Gilcrest at Phone Number 970-737-2426 LaSalle at Phone Number 970-284-6931 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectful lv. rTh Digitally signed by Kristine Ranslem Reason:I am the author of this document Location.1555 N 17th Ave (41/iii/A11) Date.2011.11.14 13.47:43-07'00' Tom YarK/o Planner I Hello