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Home My WebLink About20042927 9/20/2004 To: Weld County Commissioners On September 10, 2004, it came to our attention that a letter regarding Case#USR 1430 had been placed in the case file. The letter was received by the Weld County Commissioners' office on June 8, 2004 at 9:05 AM. The contents of the letter are very prejudiced in nature, and it was intended to infer that Garry and Kathy Weinmeister wrote the letter. This letter was not written nor are the contents condoned by Garry and Kathy Weinmeister. The signatures on the letter are forged. On September 10, 2004, Case#WC04-4781 of the Weld County Sheriff's Office was filed by Garry and Kathy Weinmeister regarding the forgery of these signatures. On September 14, 2004,Tony Molocznik of the Weld County District Attorney's Office was notified. The case is being investigated at this time. We are indignant and outraged over this letter, both with the content and the fact that our signatures were forged as being the authors. We are in the process of retaining an attorney to begin legal proceedings regarding the misrepresentation and forgery of the letter. We appreciate your support as we continue to pursue this matter to the fullest extent of the law. In addition, any further written correspondence from us regarding USR 1430 will have our signatures notarized. STATE OF COLORADO Sinc rely, County of \Nod � Subscribed before mr c nx 12c0.c you Garry A. & Kathleen E. Weinmeister Notary Put,lic MY COMMISSION EXPIfES2/25/06 -°^^ EXHITc n, 2004-2927 10-5-04 Clerk to the Board Weld County Board of County Commissioners 915 10`h Street Greeley, CO 80634 RE: Substantial Change Hearing Dear Clerk to the Board: The purpose of this letter is to request that a court reporter be present at the upcoming hearing scheduled before the Weld County Board of County Commissioners on October 20, 2004 at 10:00 a.m. Please advise me of any associated cost if possible by mail before the scheduled hearing date. Thank you. Sincerely, G2 Jess R. Aragon TimberRock Landscape 28629 WCR 17 Windsor, CO 80550 .. n*M-r,yy74 ��, � A r � �i 4,— Alt ilicwrt CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 WI D' FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO October 8, 2004 TimberRock Landscape Attn: Jess Aragon 28629 Weld County Road 17 Windsor, Colorado 80550 RE: Court Reporter Fee and Deposit Dear Mr. Aragon: As discussed by telephone on Friday, October 8, 2004, I have made arrangements for a Court Reporter to be present at your hearing scheduled for October 20, 2004, at 10:00 a.m. I have figured the cost for a one-hour hearing at $260.00, which covers the setup fee, an average of 45 pages per hour at $4.00 each, and $20.00 shipping and handling. This office will bill you for the difference or refund the appropriate amount if the final cost is less that the deposited amount. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4226. Very truly yours, r� Esther E. Gesick Deputy Clerk to the Board EXHIBIT SLH #as j flr --y October 13, 2004 ;I N! i1 f. _32 Dear Weld County Commissioners, In regards to docket# 2004-91 applicant Marcelle(eeudner c-/o2dess Aragon: Please consider denying the land change proposal due to the following reasons: ➢ There is currently no substantial change to the land surrounding the TimberRock Landscaping Business: o The land on the south side is in the beginning stages of annexation and has not yet been approved for annexation. If approved, commercial offices will be established adjacent to the Guedner property, which would be incompatible with a landscaping business. o The land to the east is still, and always has been, a working dairy. o The land to the north and west are still residential properties. ➢ Current residents, not dairy traffic, use the established access to County Road 17. ➢ Although there are aesthetic changes ("pretty" has never been the issue), the use of the property has not changed. o Denied use should be currently enforced: ➢ Dust, noise, and traffic problems are still an issue. ➢ TimberRock is still incompatible with surrounding areas. ➢ Safety and welfare of the existing residents are in jeopardy. We strongly urge you to deny the land change proposal. Thank you for considering these items when discussing the proposal. Sincerely, The Harry Hartshorn Family 28653 WCR 17 Windsor, CO 80550 4174727 k k lilt!' Dear I am writing this letter as a friend, customer and vendor of TimberRock Landscape Center. I have known them and have frequented their businesses for approximately 5 years. Specifically, I would like to speak about the subject of substantial changes that I have seen within their site at 28629 CR 17 these past few months. Changes that enhance the property VISUALLY: Professionally designed landscaping at the entrance complete with landscaping materials compatible with the surroundings; interior and exterior white metal fencing; professionally engineered retaining walls; Changes that provide NOISE PROTECTION AND REDUCTION: Interior and exterior white metal fencing; organization of landscape materials far from property borders to lessen the impact on residences to the west and north; Changes that provide DUST PROTECTION: extensive landscaping with trees and shrubs; Extensive road maintenance and the application of dust suppressant chemicals to the site and the access road; gravel use over the entire site; Changes that INCREASE SAFETY AND HEALTH ISSUES: A new public restroom; retaining walls for release of storm water and for proper drainage; more traffic safety signs (5 MPH) to control the small amount of traffic along the access road. I ask for your favor in behalf of TimberRock Landscape Center, in that you would grant that the substantial changes have been made in their land use application. Respectfully, Vicki Albertson -- I ' 3 C..J m n CO w Ahq Page 1 of 1 Carol Harding From: Rob Masden Sent: Tuesday, October 19, 2004 4:54 PM To: Carol Harding Subject: FW:TimberRock Landscape Center From: vicki albertson [mailto:vicki_albertson@valpak.com] Sent: Tuesday, October 19, 2004 3:36 PM To: Rob Masden Subject: TimberRock Landscape Center Thank you for your time and consideration in this matter. There are more savings online for you at http://www.valpak.com r 10/20/2004 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS OCTOBER 9, 2004 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, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR SCH-25 IN THE AGRICULTURAL ZONE DISTRICT. VONEEN MACKLIN Name of Person Posting Sign Signature of Person Posting ign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thisCOak'day of n , 2004. WITNESS my hand and official seal • • *NAM 1 'tary Public $1 +p+ tfr e co•`�=' My Commission Expires: 10 - t'II fl ...._ '^ ��4 ' f .t Sqq1 sy. r� 4g is }. ^T { ii } ftgw t E` ' ,k ;ia i13. hr •. a IC#�w1 iti ti r i ,a" `• , J., a C !�4 , A PUBLIC NEARING CONCERNING +„ " w�l�� •Aw THIS PROPERTY 4Y11! BE HUN Al 5 �; t ec h :Plata� 4 a F k'1"` s: a 4F�ii `,,L"'�v �'" P 4 i` i x+' •e, q `*. ' �hr` f ' �.7 x" 'k i:4.- . a�'M^ '*-' "``` g ^w«.n;}r.."il'atIL,., g a G il'ai.t''''''.'xiw, m.. J; r�• fi, a :'*. ,,M,. 1 i Tr ,4,+., ..., 'w, riti w; a • g Gt ice. R I z0 j wi i id's . . � MM `` �F . "RAM» y e , }s4$ i c F t :3 of ''y ttttgat` u'A� {, t z 1. Fetatt " tO. 3 A4``a • • yt '.y, • . ',....T.74 ,y, ?-- m?.' -5' .. ` 4 + t $,,,1,5 ,yA ,'5' C -.'3 a ii",,l'ry eIi ti i . ! sr. • Y " r i CUE gg ° - �. ,,._ -.��,_._ ACES x.' P,` ' FOR MORE INFORMATiOwI:CAL ,+. "n *"�"� "r ' WELD COUNTY:OEPART'ME OF . ` �•= ._ • r PL NNINC SERVICES T --• 4F s • , t P'..Y..-A.- • t " .., µ Wa�.,m,rw § l As..Y1r�,+..,„„„„,.,,...4 nY4 ite .„ " ` ."Yi_ Posted by Voneen Macklin 10-8-2004 Windsor Comprehensive Plan Land Use Map & Windsor-Greeley IGA land use depictions Page 1 of 1 Sheri Lockman From: Scott Ballstadt [sballstadt@windsorgov.com] Sent: Wednesday, October 20, 2004 8:22 AM To: Sheri Lockman Cc: Joe Plummer Subject: Windsor Comprehensive Plan Land Use Map &Windsor-Greeley IGA land use depictions Hi Sheri - In answer to your question from this morning, the subject Timberrock site is located just outside the Town's Employment Corridor depiction on the Comprehensive Plan Land Use Map and is located just outside the Principal Employment Corridor as depicted in the Windsor-Greeley IGA. The subject site is located within the Secondary Corridor Area as depicted in the Windsor-Greeley IGA, which states "Allowed land uses are those permitted within the annexing jurisdiction and may include residential, retail, restaurant, neighborhood commercial and other institutional uses as may be defined by the annexing jurisdiction." As you can see, the IGA refers back to the annexing jurisdiction's underlying allowed land uses (such as the Comprehensive Plan Land Use map) and the annexing jurisdiction reviews each site and use on a case-by-case basis. The Town does not currently plan to amend this portion of the Comprehensive Plan Land Use map. Please let me know if you need further information. Scott Scott Ballstadt,AICP, Senior Planner Town of Windsor Planning Department 301 Walnut Street,Windsor,Colorado 80550 (970) 686-7476 (970)686-7180 fax sballstadt@windsorgov.com 'Ve it 10/20/2004 To: Sherri Lockman From: Cindi Rubiano/ TimberRock Landscaping Dear Sherri, I am faxing you copies of the resolution and documents provided to us by Scott Baldstadt of Windsor Planning. We would like this added to our file for the hearing on Wed. Oct. 20, 2004. According to the document, TimberRock is located in the Secondary Corridor Area, and the allowed Land Uses are defined and may include neighborhood commercial, retail, restaurant, etc. This is definitely a Substantial Change item, and we feel it should be presented to the Commissioners by your in you opening statement on Thursday. Could you please include this important information? Also, in Item #3.b. it states that Windsor and Greeley will be making improvements to WCR 17 and will each bear the costs made to this road. Maintenance of WCR 17 is also discussed in #3.c. with Windsor being responsible for this on an annual basis. Most importantly, in #3.e., the Southgate Annexation is clearly described, and Greeley has agreed not to object or otherwise oppose this annexation in any way. I think we all know that this development will happen, and not to mention this as a Substantial Change item and we feel this could cause irreparable harm to TimberRock if not brought to the Board of County Commissioners at the hearing on Wednesday, October 20. Jess can be reached at 388-7639 if you have any further questions or comments. Thank you in advance. Sincerely, Cindi Rubiano I -- J CA TOWN OF WINDSOR RESOLUTION NO. 2004-56 BEING A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF WINDSOR, COLORADO, AND THE CITY OF GREELEY, COLORADO, CONCERNING LAND USE PLANNING AND UTILITY SERVICES. WHEREAS, on or about June 11, 2001, the Town of Windsor and the City of Greeley entered into an Intergovernmental Agreement obligating both municipalities to prepare a development plan and thereafter to adopt an intergovernmental agreement addressing land use planning and utility services in the US Hwy 34 Corridor; and WHEREAS, the aforesaid development plan has been presented and approved by both municipalities; and WHEREAS, a proposed Intergovernmental Agreement has been prepared by the parties and is attached to this Resolution; and WHEREAS, on or about July 21, 2004, the Windsor Planning Commission reviewed, approved and recommended adoption of the proposed Intergovernmental Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. That the Town of Windsor and the City of Greeley have negotiated an Intergovernmental Agreement concerning land use planning and utility services. 2. That the Town of Windsor hereby ratifies, approves and confirms the terms and conditions of said Intergovernmental Agreement, a copy of which is attached hereto and made a part hereof. 3. That the Town of Windsor hereby authorizes the Mayor of the Town to execute said Intergovernmental Agreement on behalf of the Town. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 26'" day of July, 2004. TOWN OF WINDSOR, COLORADO Mayor ATTEST: x zj N OF W/y� Town Clerk �O; ;So .•`cam 1��9 SEAL :� • Weld County Planning Department GREELEY OFFICE OCT 1 9 2004 RECEIVED MEMORANDUM C TO: Cindy Rubiano, Timber Rock Landscaping u; Jeff ,Aragon, Timber Rock Landscaping -� FROM: Matt Delich L� DATE: October 15, 2004 SUBJECT: Timber. Rock Landscaping - Request traffic count and trip generation comparison (File: 3484ME01) ' m Cindy Rubiano, Timber Rock Landscaping, requested traffic court data and a trip generation comparison related to the exist:no landscape materials operation. Timber Rock Landscaping is located cc west of WCR17, approximately 0.65 mile: north of OS34. Access to Timber Rock Landscaping is provided via a easement/access road which i also serves 5 single family dwelling units and a dairy farm. Timber Rock Landscaping sells and delivers raw landscaping materials and has 6 employees on an average day. �\I 1 Saturday morning and afternoon peak hour traffic counts at the `� easement/access road were obtained on September 18, 2004. The count data was obtained at 9:45-10:45am and 1:45-2:45pm. For traffic using the easement/access road, vehicles were distinguished between those related to Timber Rock Landscaping and those related to the other land uses. This was done in order to determine the trip generation. of Timber Rock Landscaping in a Saturday peak hour. This observed trip generation is displayed in Table 1. These counts were performed late in the `landscape season." it is acknowledged that trip activity in May and June are likely to be higher than trip activity in September. Morning and afternoon traffic counts at. the easement/access road were obtained by a neighbor of Timber Sock Landscaping en various weekdays and weekends from May 15 to June 11, 2003. These counts are intermittent for the days that were counted. This a 2 information was provided to Weld County and is part of the public record. For traffic using the easement/access road, vehicles wore = w distinguished between those related to Timber Rock Landscaping and those related to the other land uses. This observed trip generation U zs displayed in Table 2. The traffic counts were averaged, for the W Saturday a and weekdays that were counted. LLt o `a Table 3 shows the trip generation of two land uses that ore similar in function to that of Timber Rock Landscaping from Trig, cc o Generation 7" Edition, ITS. Trip Generation, '7 ' edition is the customary reference used by traffic engineers in order to estimate the traffic generated by a development or land use. It : s a reference document accepted by Weld County. The land uses, Nursery W ea (Garden center) and Building Materials Store, were compared to the u observed trip generation of the Timber Rock. Landscaping shown, in Table 2. As can be seen, Timber Rock Landscaping generates less Q weekday and weekend peak hour traffic than the two similar lard uses. 2 2 • d bE0S699nL6 H 0I gJ❑ C m3Hll6'14 ;'©, : II 40 61 000 It in noted that the count by the neighbor is not out of line •with counts performed by us (with. seasonal adjustment) . The traffic counter; by the neighbor is less than the trip generation as calculated for a similarly functioning land use. It in concluded that. while Timber Rock Landscaping generates more traffic than a single family residence on a relative comparison basis, the absolute volume of trips generated is not a large number. For example, using the average trip generation as counted by the neighbor, the average spacing between vehicles would be more than five minutes between each entering or exiting vehicle. Thin is considered to be very light traffic. n E 'd 4E0S6990L6 H3I130 C M3H11HIJ QB27II fro SI 700 • 00"- TABLE 1 Trip Generation Counted by Engineer Use Sire Saturday Afternoon In out Timber Rock Landscapng 6 Employees 6 4 TABLE 2 Average Trip Generation Counted by Neighbor Use Size Weekday Morning Weekday Afternoon in Out In Out TknOor Rock Lendst epmp 6 Employees 4 3 4 4 Saturday Afternoon Use Size 1n Out Timber Rock Landscaping 6 Employees 11 11 TABLE 3 Trip Generation for Various Uses from Trip Generation`7th Edition,ITE Code Use Stu Weekday Morning Weekday Afternoon Rr. In Its. Out Ray. r 'tuft Out 817 Nursery(Garden Center) 5 Empk>yees 1.21 7 1.11 7 133 8 1.28 8 812 Buimng Materials Store 6 Employees 1.13 13 1.81 11 1.92 12 191 11 Code Use Size - Saturday Afternoon R . in err. Out 817 Nursery iGerden Center) 6 Emp oyees 2.95 18 2 83 17 812 Belding Materials Store 6 Employees 2 67 16 256 1` _ 1 4'al 4E0S699CLS HOI130 C I'iJH11HN QBZII1 40 Cl 100 TIMBERROCK 28629 WCR 17 Windsor, CO 80550 FOLLOW-UP EXHIBITS TO SUBSTANTIAL CHANGE APPLICATION DATED 6-14-04 EXHIBIT BEFORE SUBSTANTIAL CHANGES ---Road File#: Date: 3 (5 —o3 RE # : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 — 1. Applicant Name k.-Test Arctcl or) Phone 9`rb - 69O '4209(o Address tool 1---in rmer, DA. .a 197 City . . Col I(nt. State Ck> Zip gn.S7R — 2. Address or Location of Access 2 A fbl9 \JCR I"7 Section % Township 5N Range (Q-7 W Subdivision none Block — Lot — Weld County Road#: I-7 Side of Road Distance from nearest intersection 3. Is there an existing access(es)to the property? Yes X No #of Accesses b 4. Proposed Use: — future lH Permanent 67 Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision IX Commercial ❑ Other .� ******************************************************************************************************************************* 5. Site Sketch - Legend for Access Description: — AG = Agricultural RES = Residential _____J L._ _ O&G = Oil&Gas (p ell f�c�S D.R. = Ditch Road /�� Ea5evvlevt''Y O = House //O = Shed eels n Parcel A l N fi .e.Z 5.25 acvrs 7 tlw4 34 7 .... *************************************** OFFICE USE ONLY: Road ADT Date Accidents Date .— Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -8- - ORIGINAL SITE PLAN � • • V1-OODOQ I y DEPARTMENT OF PLANNING SERVICES NATION wIlDSUBSTANTIALeADMINISTRATIVE PRELIMINARY REVIEW COLORADO Planner: S. Lockman Case #: SCH-25 Hearing Date: September 7, 2004 Applicant: Marcelle Geudner c/o Jess R. Aragon Address: 1001 E. Harmony Rd., #192, Fort Collins, CO 80525 Request: A Review of a Previously Denied Application for Land Use(Use by Special Review# 1430), and request for a Substantial Change Determination. Legal Description: Pt. NE4 Section 8, Township 5 North, Range 67 West of the 6TH P.M.,Weld County, Colorado. Location: 753 feet west of County Road 17 and 1/2 mile north of State Highway 34 Parcel #: 0957 08 000045 Parcel Size: 5.25 +/- acres 1. It is the opinion of the Department of Planning Service's staff that the applicant has demonstrated that a substantial change has occurred and recommends approval of the applicant's request. 2. The Weld County Board of County Commissioner's Resolution recorded October 17, 2003 denied the Applicant's Use by Special Review Request(USR-1430), for the following reasons: A. The Proposal is not consistent with Section 22-2-170 C (C.Goal 3), states "address the compatibility of commercial land uses with adjacent land uses."The Conditions of Approval, Design Standards and Operation Standards cannot ensure that incompatibilities regarding traffic, dust, noise and visual aspects of the site will be adequately mitigated. B. The proposed use is inconsistent with Section 22-3-140.B.1 (T.Policy 4.1) which states "establish policy standards for the regulation of accesses to streets and highways from adjacent land uses and intersecting roads."The access road serving the site was created by Quit Claim Deed on February 19,1981,and is a legal access;however, it is the opinion of the Board of County Commissioners that the private nature of the road will create future problems with access for a commercial business. C. The uses which will be permitted will not be compatible with the existing surrounding land uses. North of the site is a pasture with a home within 400 feet.A single family residence lies within close proximity to the west of the site. Although Conditions of Approval and Development Standards were proposed to ensure that storage and parking areas were adequately screened from the adjacent properties, it is the opinion of the Board of County Commissioners that the noise, dust, and traffic associated with the business cannot be adequately mitigated. D. The proposed Design Standards (Section 23-2-240, Weld County Code), Performance Standards (Section 23-2-250, Weld County Code), proposed Conditions of Approval and development Standards do not ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. The past performance of the applicant,as evidenced through the sudden stockpiling of materials onto the property without going through the application process; an executed lease which addresses the lack of a permit to protect the property owner, who is a co-applicant; and a pole barn currently being constructed without proper permits,suggests that the applicant will have difficulty complying with the proposed Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards, and such noncompliance will adversely effect the health, safety and welfare of the inhabitants. 3. Pursuant to Chapter 2, Article II, Section 2-3-10 of the Weld County Code, the Board of County Commissioners shall consider the applicant's request for a Hearing of Substantial Change and whether within the concept of a new application, the facts and circumstances of which are substantially changed from the initial application: Criteria 1. -- Has the land-use application substantially changed? (e.g., substantial changes in lot size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed) The denial of Use by Special Review # 1430 (USR-1430) was in part based on incompatibilities specific to traffic, dust, noise and visual aspects of the site.The applicants have included additional screening and landscaping to mitigate the visual impact to the surrounding properties.Dust mitigation will be accomplished by applying magnesium chloride to the access road and gravel or crushed concrete to the parking area and on bare areas in the site. Further, the site plan has been altered to lessen the impact from dust for the residence to the west. Criteria 2.—Have the surrounding land-uses substantially changed? (e.g., has the adjacent land use changed during the period of time since the last application such that what would be compatible with the adjacent use has changed) The application indicates two surrounding land uses have substantially changed, Cozy Cow Dairy to the east of the site and SouthGate III Commercial Annexation to the south of the site. Planning Staff does not agree that the changes to Cozy Cow Dairy or the SouthGate III Commercial Annexation are substantial changes. The existing uses at the Cozy Cow Dairy described in the application have been determined to be uses allowed by right and in compliance with Non-Conforming Use # 347 by the County Attorney's Office. Possible future uses are not applicable to this application. As indicated in a Town of Windsor referral dated July 22, 2004, the SouthGate III Commercial Annexation has not been finalized by the Town and when finalized the portion adjacent to TimberRock will not be developed until sanitary sewer is available to the site. Further,the Town has indicated that the TimberRock site is depicted as High Density Estate Single Family Residential on the Town's Land • Use Plan Map.The SouthGate 111 Commercial Annexation will not change this designation. The Weld County Board of County Commissioner's Resolution for USR-1430 called out incompatibilities with property to the north with a pasture and home and to the west with a single family residence. The property to the south was not included in the resolution. Criteria 3. — Have applicable provisions of the law substantially changed? (e.g., the applicant is proposing using a different procedure so a different set of criteria apply or the applicable ordinance has been amended by the Board so the criteria have substantially changed) This criteria is not applicable to this case. Criteria 4. — Within the concept of rehearing the previously denied application, is there newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application ? 2 The applicant has included the SouthGate III Commercial Annexation and plans for retail sales at Cozy Cow Dairy as newly discovered evidence. As indicated in comments for Criteria 2, Planning Staff does not believe either establishes a substantial change and therefore their discovery should not be considered a substantial change. 4. Weld County Planning Staff has determined that the submitted information does meet the intent of a substantial change as outlined in Chapter 2,Article II,Section 2-3-10 of the Weld County Code and therefore should be allowed to submit the application discussed in the Substantial Change. 3 a m�. _R -C;`": { Me,.h -- i PRIME COMMERCIAL - f - REAL ESTATE 970-686-5828 VIEW FROM HWY 34 AND WCR 17 TIMBERROCK'S WHITE FENCE IN BACKGROUND a x • • -.—..—.- .. .. ..'mom.,..,.. MATERIALS ARE SCREENED BEHIND WHITE FENCE TIMBERROCK'S WHITE FENCE IN BACKGROUND .r VIEW FROM HWY 34 AND WCR 17 INTERSECTION March 4,2004 _ Item No. TO: MAYOR AND TOWN BOARD VIA: Rod Wensing, Town Manager FROM: Joseph P. Plummer, AICP, Director of Plana SUBJECT; RESOLUTION MAKING CERTAIN FIN GS OF FACT CONCERNING THE "SOUTHGATE THIRD ANNEXATION" AND ESTABLISHING DATES FOR PUBLIC HEARINGS BEFORE THE PLANNING COMMISSION AND THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO WITH REGARD TO THE "SOUTHGATE THIRD ANNEXATION" LOCATION: Beginning approximately 34 of a mile south of Crossroads Boulevard (WCR 62) and incorporating the right of way of WCR 17 to the north right-of-way line of US 34, and incorporating _ the property on the northwest corner of WCR 17 and US 34 RECOMMENDATION: Approval of Resolution DISCUSSION: _ The applicants, Mr. Martin Lind, Mr. Gary VanderWal, and Ms. Carol VanderWal, are — requesting that approximately 154.55 acres be annexed to the Town, with the subject property running along the right-of-way line of WCR 1.7 and incorporating the properties on the northwest corner of WCR 17 and US 34. The subject property is located within. the US 34 Employment Corridor and the application materials propose a mixture of commercial uses, with the development consisting of seven (7) parcels to be developed in three (3) phases. The applicants are proposing that approximately 70 acres on the northern portion of the subject property will be developed as an office-park setting, with professional and technological type corporations anticipated to be the primary tenants; and that approximately 90 acres on the southern portion of the subject property to be earmarked as commercial space to provide for an autoplex and convenience center. Since this proposal is consistent with the Employment Corridor land use depiction in our comprehensive plan, staff recommends approval of this Resolution to make certain findings of fact pertaining to this specific annexation and to establish the dates for the Planning Commission and Town Board public hearings with regard to this annexation. pc: Martin Lind, applicant Gary and Carol VanderWal, applicants John Von Nelda, TST Engineering Consultants applicant's representative Stefan Christova, VF Ripley Associates applicant's representative *Ate_ Town of Windsor _ ��a- 301 Walnut Street • Windsor, Colorado 80550 • 970-686-7476 • Far: 970-686-7189 • wulw.ci.LOU ndsocco.us COLO March 26, 2004 RE: Southgate First Annexation; Southgate Second Annexation; Southgate Third _ Annexation and Master Plan Public Hearings Dear Property Owner(s): The Windsor Planning Commission will hold a public hearing on Wednesday, April 21 , 2004 at 7:00 p.m. in the Board Room of the Windsor Town Hall, 301 Walnut Street, Windsor, Colorado. In addition, the Windsor Town Board will also hold a public hearing on Monday, April 26, 2004 at 7:00 p.m. at the same location. The purpose of these hearings is as follows: To receive public comments on an annexation and master plan proposal known as: Southgate First Annexation as indicated on the map on the reverse side of this letter, containing approximately 25.12 acres. The petitioners are requesting the following zoning classification for the proposed annexation and master plan: E-2, Estate Residential and O, Open Space zoning classifications. The proposed Master Plan indicates thirty (30) residential lots; Southgate Second Annexation as indicate on the map on the reverse side of this letter, containing approximately 94.89 acres. The petitioners are requesting the following zoning classification for the proposed annexation and master plan: E-2, Estate Residential and O, Open Space zoning classifications. The proposed Master Plan indicates open space; and Southgate Third Annexation as indicated on the•map on the reverse side of this _ letter, containing approximately 154.55 acres. The petitioners are requesting the following zoning classification for the proposed annexation and master plan: GC- Pup, General Commercial, Planned Unit Development zoning classification. The _ proposed Master Plan indicates seven (7) commercial parcels. The Town of Windsor is required by law to notify property owners within three hundred feet (300') of any proposed annexation. Both of these public hearings are open to the public for anyone who wishes to attend and provide comments on these proposals. Additional information on these proposals is available in the Windsor Planning Department from 8:00 a.m. to 5:00 p.m., Monday through Friday, at the above address. Far your convenience, prior to coming into the office please call the planning department staff at (970) 686-7476 to arrange an appointment to ensure that the information and staff are readily available to accommodate your requests. Diana Lonergan Associate Planner WINDSOR '41 ref COLD City of letreeley July 13,2004 Letter to: Property Owners Within the "Windsor-Greeley Cooperative Planning Area" Along the U.S. Highway 34/S.H. 257 Corridor RE: Draft Copy of the Windsor-Greeley Intergovernmental Agreement Development Plan Dear Property Owners: I am writing at this time to invite you to the upcoming property owners' meeting which Windsor and Greeley will be hosting at 7:00 p.m. on Thursday, July 22, 2004 in the multi- - purpose room of Windsor Town Hall which is located at 301 Walnut Street in Windsor. Also for your information, the Weld County Department of Planning Services staff has also been invited to attend this meeting. The purpose of this meeting is to discuss and receive comments from the property owners along and within the vicinity of U.S. Highway 34 (US 34) and State Highway 257 (SH 257) regarding the enclosed draft of the Development Plan(the"Plan")which has been prepared in accordance with the requirements of the Windsor-Greeley Intergovernmental Agreement (IGA)that was adopted by both municipalities on June 11,2001. The Plan has been prepared in anticipation of the growth that will in all likelihood be occurring in the near future along US 34,. particularly on the north side of US 34 between State Highway 257 and Weld County Road 13 (County Line Road) and along both sides of SH 257 between US 34 and Weld County Road 62 (Crossroads Boulevard), depicted as the `Cooperative Planning Area' on Exhibit "A" of the Plan. This meeting is also being held to — provide the property owners within the Cooperative Planning Area with information concerning how both of our municipalities would like to see this Corridor develop and also to receive feedback from the property owners concerning the development standards that are included in the Plan. Windsor-Greeley IGA P.ope,ly Owners Letter I I I I I I I I I I I I I I I I 1 1 1 9t it_ ) C } �a r m dws°aso` NI ' ea 3 1 ► --I 4- ,_ i. _ . I JJJ —County-Road-03 QuAy-fined'80 CouniwRo d-6 _ .. t n--. lah•St ' :, : c., cn ._- I 5 44.,.,. I 'I z O l0 foe 34 ulLn.f)r ® 1 {�j .,. nty- rte.-.7 yV4_ti.r :.j gy NL City ofJohOetW 8 a I at g • m / � � Shd.l lay We A rauldyraom•sa At_ij [ ti f "So Ip a I blot-rotor wimoyol on this dvnmi roam.tle Exhibit A-�'ie and Utility teas [rummy of the Cry of(mxtry.eirnt any patron hie and vuu4J Areas ofry :alp uitl.ut the warren pimusum oldie ytd _ Cry of Gorky r.sci aygoWbitut N TiMfIM+ Wino 8 Qt IZYIS'03 pbrermicdun.dp9milkaio id Magni,SS IWI,,WA a I I nLnY�PM MkOWVMe CV'dJdnbn 'IA d X02 USN,me COATSmddeenpmnWveet9 diem:5m I r� 9r•The Pmyaol9787 W -y'!— t ni.TrushedtmwatyeencmmYmottcen wirlimdeeelat ��Y��9mrinOltlwhr a CV'alwmtl NNNmrm CUPAPAI ILXAnmd � Opal on nos Nand 7Agimb®mySi ndeS(U.A9f.Ito Ithurstkmm.enm IMMIM ehind*ton ' hmNdbboeellbrEnP9emimufca*uIm fa+wa*�Y _`y�.dam, Ihchega4X0hat S y Ij'v! +-4@:4' 't le. a' ut :7,�f t(14 1,31,1,fziVT6• ..k v •�While-'Windsor gave up future water rights , . n H N,J ••,� E M �' ,,rr ,„ q: - td the area and 40 percent of the sales tax to y �rtl'�fJ1117e� ?, ��t ufif Greeley, it solidified its hold on100 percent of I ,�,p; '' the property tax, which, as an employment ' ��r ,,�itYY y` ,ji i.Ni t, corridor, is expected CO be a healthy amount. ytiGre tlp,r: t»rr Jt,�)1 yMt•1,/44} a � , ,,! fl„ Windsor's growth, coupled with the need to e eyqty u ��}' maintain a quality school district, depends on ,A'IS �l 1i t` property taxes staying in that cotnmuniry. . Windsor also will provide this corridor . ‘i'.,'',1 ,F, l:,dsoii. . i with sewer needs and both towns will pitch in to maintain Weld 17, between Weld 60 and Winy, ,.y' " tl, Y �, ,‘-‘1,`'.''','H , Y ; tit ,i r� �,,"" " g,.�Y1,.,,�, ' 1Cit�p •, The Greeley-Windsor agreement also guar- , },. „Q7,wi,p,l wt ),:;,;Y .1 } ;t'k x antees that one of the first developments slat- 1t 2Ea! E!ror ga- o mall atthe cora ®® , 17oposed by— will proceed l ,;i u :?„', ` , , ir.:rntd 1iM smoothly with support from both entities. — ,:,,d,+ ' u.. .ttfl ) ',v. '.,a ,.rd, ,•,ulL0 ihuaa: The corridor also will have to be built fol- Y li Friency Strategy to U.S 34 >u, lowing the agreement's design standards, u ,trarnl >>ul'.� including landscaping and building appear- _ development onlyway to'go t antes. ,r l ,u,, V4 t.•;rtt 'it 9t The effort put forth by Windsor and Good boundaries make good neighbors u t' / ' Greeley in this agreement is a testament that In that,spirit,both Greeley'and W1ndSOr ilim �iyt the better neighbors we are, the better place I I 'recently signed an'agreement'over a portion�,'E'j i Weld will be for all its residents. I t:, of U.S.34,to share the benefits and,Costs,as aa'a i$. the'corridor.; develops r' p(ij + +t'�1 Y,,tt;t is ,� 1 Signatures were penned after nearly:fount)1-1, ; 'years of negotiations,which were temporartly tt t ' abandoned at one time or another by both;'�'i4ft e . y, r.,f A it,,,i, sides. ,l , ;.. 7, F 1 J,ll ,,�,1a , ,, k But when all was said and done,the two tl � �ia 'municipalities realized the mportanceyof d ;)' c• ompromise and sharing a stake in the future ` ,'s — The,highway,section,whichtextends ones W i, ''half Mile'north south of U.S.34 b'etweenp,, a', C• olo.257 and Weld County';Road 13, is des — tined to be an einploymenttcprridprfillecjl� j ti n ` with business parks and industrial'operattot4�ii ns Although Windsor rightfully wanted to 1i`to ,'?' — hold tight to the land and reap the rewacdstotl h'};, a thoroughfare strip that will surely b'e ; ,, o, ,l the most important gateways in Weld helping,Uo each other in this endeavor was the right tl E�, �t thing to do. And;it ensures Windsor's pies 'iY"I1.4.`t' ence in the area. .. ,t,y , x.. .i,1 nt it fGS.'I Greeley and Windsor each had to cot}cede trig,,', revenue for the agreement to move'forwazd lkiitaSi Fit what they',didn t concede was acommit lil n ent to quality planning that w}ll benefit the Y�i ', _ _ region for years to come•- y ,!,,, thy-,,; - WELD COUNTY CITIZENS IN SUPPORT OF "_ TIMBERROCK LANDSCAPE SUPPLY NAME ADDRESS PHONE NUMBER �►h`t. 3 i 1 - (...) , ,d A-, AliuJs.r ?Z'' /o$(,—s3 /3 u • � n ' V -31 9 5 it)r PI v\"/ (P-74 -Ca,f7 , r .itt.. itzD 0i-it-ye-el 4 u a * WP4'-2G‘ Z - AOC •1rif '3139 kV- / r,-57 by cr//lup Cl' L& -94/? v }r h&a},n v l UCetO '_Jam o-osi t- C rnr-l.e.� 339-saa nIOSI )CSt\-p JttLo �r10s1 (- t'loc� ) •3Y]- Saa — 0 -,h &T-�- c :cr , U . �3i-) ) ee ucr.vd c-t . t-_-__i- (whit.t.: c_r 1660-t 2.3 - :�� s Val< 1415 to iH,.e C:%l<c&2.j Ed 399 -�&or - ,. 2,�s CJI a�o v La r Sr>Sy ((Rc1 ..606 a ! f<' Nk11)« g2 6,u& -r Q, / 1 ..-- 311 I cr.::n Jn .S02 -el - I c .►.. �r.� .. \L )& -0.na Vote , lit )1nolho( L0-74- ztc-•7 - d-- '- C r -4 lo 7Y at V fot/4' � Wi ,. �rNJl s i (o /, - oZ J .✓) Gi.nnt1� V/6�L�`1. 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L: -. n- 6,,Po •?a?-/f -i— t 3(3 M PIN4H AvF • ) _1(Ohn „ ne.. 581..8361- Q )/J AlS3 c ei. , .cc.a,se V S/-G8rt — . 12plbuk 14N WAIL .� . rNl6(j(2- 6.8(--)-56:50 !!%I%2•:�� L �✓ v I d/ �I� -t - - -/ /' WELD COUNTY CITIZENS IN SUPPORT OF TIMBERROCK LANDSCAPE SUPPLY �L0VA-- :0'' _ AT TN15 LocA i0N CDkt.P, T-4a� 1/E � RTt NAME ADDRESS PHONE NUMBER ( -\Lbb,, 3Z5` 10 5ktacecoach d R70 6i`{ 9`-to A'a7 b b i�?�� Dail 4/ .,� f4t,& Ar_ 9i0- libl, 97-s7 ' b' z-// (5,4 z' j9i' lam'-�3�3 Fi l l J-c-o,) .,2,,1o1/ LJ, (,¢n .5. .C 1/444e/ 90 -669.35[2,71 A , Swi-E1Jtl 114 WticTt1el e_ov. _r W,e ,crc 9.70-(o74-9b-7Z_ LL.9A..x2- _, aalcrQ cc.Cda ? y Ca._i yS V- o-I3� , e ono 113w Fe e, c' all 0- -Be 18 .,�kc.ct�5 �,owcuy 2 (la Cc Cc nt evam 1 t) 330 "l-}3c OUISZ_. !I ArW 26,21 UJAntrcoN7 EupdOS `i-)0- 336-2735 5‘c\-v\ t-r6k- ID 1 tocu.S 4 wShdSOr 110. (cgrn-0585 maYc 1,9,AV:S{-Kl1/4- . ,, 0 cls i 1G % M sv4-e i...),,-.4 44-v 4eis -9sSJ7 O� Gc c— ,-,..> z- -Y,2 er ,.g ‘. 3-2.-.26,.2, j . ' ay' 1 '(20-1 4/1 -ciPom Grv. O [V/1'x/3 337- 39c' v5 - °1�%�,/��/.']n!I!-iii. O /4-tithe .5-(52 �o `�5 ;i / i �Lt Ze(4OSLs ( 4 / (17c( -/ 3 c- ( . 04 - -- (3/ - .. r a- - l‘rctkv I 5(.1 44 I la;' ✓Yc e) 1:4/J C____ 5 OLE - oZ w in�+ sat co IDCJ LA-Ai-Anti.,('c- cJ-,- &)5cr c::2_15 C1S4 t � �- a c6 ext- c-- w,rioxr it 8(a -0X9c f, - 9 2 113 ' 1 A-ve C4 cry e1�-1 .35:3--(1 k l k2) pi e fly //ae _ 610-bse 11116 P°).444 IL"er a ele 3"11-1 cti g)l // 7 (eiohle, Of a),nolcslJ( ddi*, -,(c}p 1 � �,,/ v it 7 dam/ c r /A/, Dso,- G re -//Lc ;is ic� n, 2 �ge-ti e4vc, C'-!- e • 1 ' alCil , 51l„t 14. 113 'Lc - (n �. . ?- '" I 6- ..k . • ail •lb gr, ' air; . .. ... '_.�. Si, P 1 S - 755 5c" !/ ( c.'l �, 3aiv c✓- 042. 6 Pyv(, J 3r1-i zz(o C(3+f Ctk3bt+ rn 2 �i0O wbvr-S 5 + F€.un5 (6 13O-$CEN3 1, C- ��E' 7,7,Iti 'jznd ,1�,,yw` C-k &reP i Cf-: 35n Slyly c4.4To, 9('d /,-Nnips,/- /AO) i ! (ea I'P6Ufa i hr.sG� f75a( ce 2'7 C�*+^� C44 terv-7. 3) 3&r SM 4h ?cob Sur S-i• E0.tos1 co Sybl Sr I JDC Z?2.4-c.J is.p C1. es eats C,rei.. JAii.es7vw,✓Co. F0C3i1 `}" NeL,0 SICSti0.`+a- - BOBCAT LOADERS AND TRUCKS BEHIND FENCE ALL MATERIALS BEHIND FENCING .c NOTE: NEW TREES PLANTED IN FRONT OF FENCE ti . 1/41 V4t; k- 3 0 Y '-ask "Y.rayc 'a K y e 4,174 3 Y. 'y NT r 7 W-c e r Pe ‘. R r y � 'l.�t v J . P'P'i•i P i e e p e ei lY;,HR � ••••• • • •+•• k 1 !�..� PP:eiPO E:i?eeer. * 4P..•P4Pe0 e,4P*Pee�4. P 7 ePP661 e P Pee♦ O♦P P O P P ✓P P P P 1 O P � P ; 0 P P• __ `OPPP•S � C 1� � a �e1�P�)•1 P P PePPP • � � K., � III- _ L p � 4'l - s 6r a a 4 i 31 i IY olt It a1. .�, ��, ,j. t' a. r z t A -. '<-4-<-01,<<";iii i . , t'1,11F ; (y I- ip ... ,- . , -- „, / ... t, -,,..,...„.,,, .11., .. . . . . NEW RED CHERRY TREES/ADDITIONAL SCREENING AND VISUAL APPEAL - A R E A Oqq h ',..,:.,...,&,,,,,,,,,,,:„04,,-,y;,..,-1.,,..,.,., ..,,,,,i,-.., ,,..,:-.) :;.$4;,,:-.. ,...„,,,,,n � ^kY. ✓Wish b-r ''- �• v -0t: R r . ir r'> .....i. ..‘„' ,. r . NOTE: OVERALL COMPATABILITY WITH AIDJACENT PROPERTIES BEFORE: . s. .y • �i 2.T ., i /tee. 1t 11 •30 „ a 2 ' 2 y? • ____ ._ . _ ___ _..._ . . .„-..,„,,,,,,,,,-„,,.:-.„..-.4....- , :.___,_--..„. - -- .:,, _,..„.,„....,:y...,.. ...,_ .. . „-.:.....„:„,,,a,..,,..„..„.„...... . •.acF- t. 3'' .. . .,. .....„... .,,,-.e,„-„,„,..:...., 4 ' i. ar -., - .. _....-.„--. _,... ,.....„,..„.„.-:,/,.....„.. „_.„....„. .5..!..„.„,k9:,q,-ti#:;- , ;. .c..a::('''':: - ' - .�� TT .) ...,.....,........,,,.„...., ,.. ....,..„....„.,,],„,„/,,,_...„--. ! . .. .- :1,,A. ''¢^ r+ it a ::v v r at - �aa't • ' ,Y 's t i a . y^yfiy it 1 S 4'0i„ �� 'may s i .. .f:(S ¢` t'., AM 's • .-4" PREVIOUS LOCATION OF TRUCK PARKING TRUCKS NOW BEHIND SCREENING ON UPPER LEVEL AFTER: HAND—LOADING TIMBER AREA 'h t6"ta 'ro �"FaSia d L E'4x . - ai _ .... ^`"^,, ati1i ti „%'.. -_yr;,, . 4Jµ4?t 4A a at- : a-+c' '�'w'SY'caf c_ £ t _ ALS3� 14' ASH TREES AND 8' AUSTRIAN FOR ADDITIONAL SCREENING OVERHEAD ELECTRIC LINE NOW wma BURIED UNDERGROUND FOR SAFETY t; :.; S - kY . _. .. t+ - a a :. F 5 . p. 'i. .... 3-:---1,-c,.'-i2-7 k -7- I% •t yvu"�S'1� • fi fyy+, fit; ,yr} Y r Y K ".. . .. k w: — ALSO NOTE: LARGE AMOUNT OF LAID GRAVEL _ "' a I ,. ► : . Z x y= c p , i• w. ' Pi :v! ag . - #�' s.5�,am m �.p . 4. _. .. <x•�1.. �. ¢:r.^ '3 'L;� sse.Z `y'aMx u''"'n1,�_ aarT�•i' s- ' c � ''t ��' µ ' �r NEW TIIMBER AREA WITH 4 NEW TREES V^. • _ VIEW TO EAST FROM WEILER DRIVEWAY t y j�'5EU pC "4xy"i(Ym°i9'^R x � 4 g �Ly�' 1 FM zn g 4a - q q � k ¥q 't+'�? .-rN Llt' ₹•.:'ice' c x F• _ - NOTE: FENCE SCREENS VIEW OF ALMOST EVERYTHING ON SITE DAIRY IS WITHIN VIEW HOWEVER tt o � }iQ aJif C al.i 't 'y` �a r g ' tf t si t � N� 4 L1 hh` 'MR W64.� ' t ! 'fix 4k'r rya SI"' 1,1')'44411.41a ri`�FY U ut ;4' III"' ; - - f L 1 eu: 1.1 va _ _�rc — S — VIEW TO EAST FROM ACCESS ROAD IN FRONT OF VWEINMEISTER RESIDENCE t 4 ( ,y, K 3 � pP� Y 47 tier"? �✓ NOTE: THEY CAN'T SEE TIMBERROCK AT ALL bt d f4se %! ,. _ y a - c Y 'F t eLA • .; " ! Cam .Y • L VIEW TO EAST FOM ENTRANCE TO HARTSHORN PROPERTY s: . NOTE: THEY CANT SEE TIMBERROCKNT ALL EITHER WINDSOR Weld caa�County Pin, r. ('�rbl -7 r tre ofWindsor Town 3 JUN 0 5 200'; — 301 Walnut Street• Windsor, Colorado 80550• 970-686-7476 •Fax: 970-686-I X80"•Linnsu.e windsor..co.us COLO June 6, 2003 Sheri Lockman, Weld County Planner Weld County Dept. of Planning Services 1555 N. 17`h Avenue Greeley, Colorado 80631 Re: USR-1430—Marcelle Geudner/Jess Aragon Dear Ms. Lockman: The Town of Windsor Planning Commission reviewed this referral at its regular meeting of June 5, 2003. The subject property is located within the Town's Growth Management Area. The subject property is depicted as High Density Estate Residential (E-2) on the Town's Land Use Plan map. High Density Estate Residential, which corresponds to the E-2 Estate zoning district, is intended "to provide for highly concentrated single-family residential subdivision development which utilizes public water and sewer services and provides for such development to be served by community facilities which are compatible with the district." (Windsor Comprehensive Plan, April 2002) However, residential development of the subject property in the near future is unlikely, due to its location. Based upon the aforementioned information, the Town of Windsor Planning Commission recommends approval of the Use by Special Review to the Weld County Department of Planning Services. Thank you for the opportunity to review this proposal. Sincerely, im Flesher Associate Planner ExHierr pc: Gale Schick, Chairman, Windsor Planning Commission I 0 Joseph Plummer, AICP, Director of Planning Sal -6- Marcelle Geudner, applicant Jess Aragon, applicant's representative 111111111111111111111111111111111111111 III InurnHI 379 3211379 08/23/2004 09:06A Weld County, CO 1 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made this 9th day of August ,2004,by and between THE CITY OF GREELEY,Colorado,a home rule municipality(Greeley')and THE TOWN OF WINDSOR, Colorado, a home rule municipality ("Windsor") establishing the terms and conditions for land use site and building standards and utility services with a Cooperative Planning, Land Use and Utility Areas. The parties hereto, when referring to both, may also be referred to hereinafter as "municipalities" or"parties." Either party hereto may also be referred to as "municipality" or"party." WHEREAS, Greeley and Windsor entered into an Intergovernmental Agreement in June 2001, for the purpose of preparing a development plan for US Hwy 34 between WCR 13 (county line) and SH 257, and along SH 257 between the corporate limits of each community; and WHEREAS, the Development Plan was completed and has been accepted by the Greeley City Council and Windsor Town Board; and WHEREAS,the implementation of the plan requires cooperation and coordination between the municipalities for the provision of various municipal services such as utilities,planning/land use, transportation, parks/recreation/open space and public safety; and WHEREAS, the adopted Plan envisions future intergovernmental agreements which will outline the specific procedures to provide the necessary services to implement the Development Plan; and WHEREAS, the municipalities desire an agreement for planning, land use and utility services; and WHEREAS,the parties have come to an agreement regarding the terms and conditions for such planning, land use and utility purposes, and WHEREAS, it is in the best interests of the citizens of Greeley and Windsor to enter into this Agreement; NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES HEREAFTER SET FORTH, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Establishment of Cooperative Planning, Land Use and Utility Areas There is hereby established a Cooperative Planning, Land Use and Utility Area(CPUA) consisting of a Principal employment corridor area and a secondary corridor area. (a) Principal Employment Corridor. Principal Employment Corridor includes all land depicted on Exhibit A, attached hereto and incorporated herein by reference, and is generally described as that area one-half mile north-and. '111111111111111111111111111IIIIII111111 III 11111 HUB 3211379 08/23/2004 09:06A Weld County, CO 2 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder south of the US Hwy 34 between SH 257 and WCR 13 (County Line Road); and 1/2 mile east and west of SH 257 between WCR 62 and 1 mile south of the intersection of SH 257 and US Hwy 34. The distances are measured from the right-of-way lines of the affected roads and highways on the same side as the area stated above. (b) Secondary Corridor Area. There is hereby established a Secondary Corridor Area which includes all lands depicted on Exhibit A,which is attached hereto and incorporated herein by reference and is generally described as that area extended one-half mile from the primary employment corridor areas, outer boundaries north and south of US Hwy 34 and east and west along SH 257. 2. CPUA Land Uses. Within the CPUA,the parties agree that the land uses are prioritized as follows: (a) The Principal Employment Corridor is primarily for employment, industrial park and other uses as defined, conditioned and limited by Section A of Exhibit B, attached hereto and incorporated herein by reference. (b) The Secondary Corridor Area is primarily for residential, neighborhood, commercial and their related uses as defined, conditioned and limited by Section B of Exhibit B,attached hereto and incorporated herein by reference. 3. Land Use, Site and Building Standards for CPUA. Road Improvements and Maintenance Master Costs. a) The land, use, site and building standards for both areas of the CPUA are described on Exhibit B attached hereto and incorporated herein by reference. Access to WCR 17 shall be in accordance with locations agreed to by the parties on Exhibit E,a copy of which is attached hereto. Access to US Hwy 34 shall be as approved by the Colorado Department of Transportation. b) The parties agree that the parties shall equally share the costs of any and all general improvements to WCR 17 north of US Hwy 34 to WCR 60. The party intending to make general improvements on the above stated roadway shall give the other party 180 days notice prior to the commencement of construction of the general improvements to the roadway. The party receiving notice of said improvements and/or maintenance shall provide comment as to the nature and timing of general improvement along with its prospective cost to that party. The parties agree that the jurisdiction which has annexed the affected road shall perform general improvements in accordance with its ordinances, rules and regulations; and further that each party shall pay its one-half of the total cost of the general improvements within thirty(30) days after invoice of the same, subject to annual appropriation. The parties agree 2 . I 111111 I I I I 11111111111 III 1 1111111111111 III 111111111 3211379 08/23/2004 09:06A Weld County, CO 3 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder that each party shall use its best efforts to budget and/or appropriate sufficient sums to defray the costs of its expense for construction of the general improvements of the road stated herein. c) The parties agree that the parties shall equally share the costs of any and all maintenance for WCR 17 north of US Hwy 34 to WCR 60. Windsor shall perform the annual maintenance and Greeley shall pay Windsor one-half('/2) of the cost of such annual maintenance. The parties agree that they shall meet and agree as to the nature, extent and maximum cost for annual maintenance of the road on or before July 1 of each year to provide sufficient time to budget necessary funds for the succeeding calendar year. d) The parties agree that the intersection of WCR 17 and US Hwy 34 may require an improved road interchange in the future, and as such, the parties agree to negotiate in good faith with each other and CDOT to determine the land areas to be reserved/dedicated;the nature and type of interchange improvement;and any and all costs for construction for the same. e) Windsor is currently considering a proposed annexation of land in the CPUA in the general area of WCR 17 and Hwy. 34, to be known as the Southgate Annexation. This annexation,if approved,would allow the annexed property to be used in part as a mall for the sale and servicing of new and used automobiles. The parties acknowledge that this is not a use contemplated by Exhibit B for the CPUA. By the terms of this Intergovernmental Agreement, Greeley specifically agrees to this proposed use within the CPUA for this particular property and agrees not to object or otherwise oppose the Southgate Annexation to the Town of Windsor. 4. Required Notice. Required notice for development occurring within the CPUA. For both areas within the CPUA each party shall notify the other of all intended development within the CPUA areas no later than four (4) weeks prior to the initial official consideration of the land use matter by the municipality reviewing the intended development. All notifications shall be provided to the other party in writing and shall include a briefwritten description of the development proposal and accompanying vicinity, any development maps and graphics for review and comment by the receiving party. The receiving party shall review the documentation provided and shall respond in writing to the other party with its comments regarding the proposed development. Each party agrees that it shall use its best efforts to make and receive comments through timely communications. The parties expressly agree that all such information, documentation and communication is a courtesy exchange of information and any negligent oversight of any referral or project for comment shall not require the delay of hearings or decisions on any land use or related case by the approval authority of either Greeley or Windsor. However,when making a land use decision, the approval authority of the affected municipality hereby agrees that it may not approve any land use in contravention to those uses stated in Exhibit B,without the prior written consent of the other party. Each party shall r"1 3 1 NM 1111 11111 11111 111111 111111111 11111 It 3211379 08/23/2004 09:06A Weld County, CO 4 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder provide the other party, in writing, a single point of contact for the transmission of all communications and documentations contemplated and described in this paragraph. 5. Annexation (a) Greeley shall have exclusive authority to exercise its annexation powers and, subject to paragraphs 4 and 5,to provide all urban services within the CPUA for those areas identified on Exhibit C. (b) Windsor shall have exclusive authority to exercise its annexation powers and subject to paragraphs 4 and 5 to provide all urban services within the CPUA for those areas identified on Exhibit C. (c) Both parties specifically agree that upon the receipt or preparation by either party of any documents proposing annexation within the CPUA,copies of all such documents shall be submitted to the other party for review and comment at least thirty(30) days prior to initial action thereon. (d) The parties specifically agree that in the event either of them has extended and/or agreed to any financial or other incentives in connection with a proposed annexation within the CPUA,that the contents and specifics of such financial or other incentives shall be submitted to the other party. (e) The parties specifically agree that Greeley retains and Windsor shall honor any and all contracts right of "first refusal" of purchase of water on any properties within the Principal for the Secondary Areas subject to a GLIC Shareholders Agreement, regardless of whether or not those properties are annexed by Windsor. A map generally depicting the land area subject to the GLIC Shareholders Agreements are attached hereto and incorporated herein as Exhibit D. (f) Any property annexed by Windsor which ultimately is developed for commercial purposes and which commercial business is partially or wholly located upon a property currently or formerly subject to a GLIC Shareholders Agreement shall be subject to sales and food tax revenue sharing between Greeley and Windsor. Windsor shall remit to Greeley, on a monthly basis, 40% of the gross sales and food tax revenue received by Windsor from all sources upon property stated in this subparagraph(f). The parties specifically agree that this revenue sharing agreement is authorized pursuant to Colo. Rev. Stat. §29-20-105(2)(b) and is perpetual in nature and survives any termination of this Agreement. A map generally depicting the land area subject to the GLIC Shareholders Agreements are attached hereto and incorporated herein as Exhibit D. 4 1,11111111111111111111111111111111111111 III HI IIII IIII 3211379 08/23/2004 09:06A Weld County, CO 5 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder 6. Water Service within the CPUA (a) Water service for Windsor properties within the CPUA shall be provided by Windsor in accordance with the existing Windsor-Greeley Intergovernmental Agreement for Treated Water Service (dated January 4, 1996), as amended from time to time by the parties. (b) To provide all potable water service to the CPUA, a sufficiently-sized transmission line carrying Zone 4 pressure will be required upstream of a Windsor master meter from Greeley's Zone 4 pump station to the west along US Hwy 34. The cost of the transmission main upstream of the Windsor master meter shall be borne by the municipality or private entity requiring the service in accordance with the annexing municipality's determination. It is anticipated that the annexing municipality will require one or more developers to construct the transmission main upstream of the Windsor master meter. Such municipality may thereafter choose to afford such developer or developers an opportunity to enter into a reimbursement agreement providing for reimbursement when subsequent properties develop and benefit from the main. It is also likely that certain of such properties will not be located in the municipality that caused the main to be constructed in the first instance. Both parties agree that if reimbursement is requested and approved by the municipality constructing the main, the other municipality will enforce the terms of any such reimbursement agreement for properties developing in that municipality and benefitting from the main. 7. Sewer Service within the CPUA (a) General.Pursuant to the terms of this intergovernmental agreement,Greeley agrees to deliver sewage originating within the CPUA to the Windsor sewer system for treatment and Windsor agrees to provide treatment for such sewage. Greeley shall maintain, repair, replace, and rehabilitate the wastewater collection lines which are within its city limits. For purposes of Colorado water law, Windsor agrees that Greeley shall maintain dominion and control of water in sewage, originating within Greeley's city limits,and delivered by Greeley to the Windsor system for treatment such that Greeley may fully consume (by any means, such as its own municipal use, reuse, successive use, exchange, substitute supply, or by sale or lease to other entities)any reuseable effluent resulting from such treatment. Greeley agrees that a portion of water in sewage delivered to the Windsor system for treatment pursuant to the terms of this Agreement may be consumed prior to discharge due to treatment or evaporation and that Windsor does not guarantee that any specific percentage of the water in sewage delivered by 5 AIM HMI 11111 11111 11111 111111 EMI III 11111 liii liii 3211379 08/23/2004 09:06A Weld County, CO 6 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder Greeley will be discharged after treatment of Greeley's water rights throughout Windsor's system. The amount of reuseable effluent resulting • from treatment shall be calculated in accordance with applicable decrees. (b) Points of Delivery. Sewage transmitted through Greeley's system delivered by Greeley to the Windsor system shall be delivered by Greeley to a terminal manhole(s) at or close to Greeley's city limits.The point(s)of delivery shall be mutually established and agreed upon in writing by both municipalities. Sewage metering station(s)will be established in the terminal manhole to assist in tracking the amount of sewage delivered to Windsor. (c) Payment of Plant Investment Fee and Measurement of Discharge. Greeley agrees to pay Windsor a plant investment fee (PIF) reflecting Greeley's acquisition of capacity in Windsor's wastewater treatment facility. The PIF for additional capacity shall be annually established,based on the then current PIE in effect for Windsor residents. The plant investment fee shall not include any surcharge or additional payment for any lift stations required for Greeley to deliver sewage to Windsor because Greeley is responsible for such costs. As an example of the initial PIF calculation, currently the Windsor PIF is $2,600 per residential tap and the average residential winter water use,which is equivalent to sewer use, is 204 gallons per day per tap. Consequently, the current residential PIE is $12.75 per gallon per day. Plant investment fees due from Greeley to Windsor shall be purchased in blocks of 100,000 gallons per day capacity, or other quantities as mutually agreed. Windsor shall regularly monitor the amount of wastewater received from Greeley at the points of delivery. Whenever the 30-day average flow from Greeley exceeds the capacity previously purchased by Greeley, or whenever the daily peak exceeds twice the capacity previously purchased by Greeley,Greeley shall purchase additional capacitywithin 90 days at the then current PIE. (d) Treatment Capacity. At such time as the existing Windsor wastewater treatment plant is using eighty percent (80%) of its capacity, or Windsor determines that the existing plant will soon be at or over eighty percent(80%) of its capacity, Windsor shall define the plant capacity that can be issued before the existing plant is using ninety percent (90%) of its capacity. The additional capacity shall be allocated seventy percent (70%) to Windsor and thirty percent(30%) to Greeley,unless the municipalities agree otherwise in writing. When the existing plant is using ninety percent(90%)of its capacity,or at any time that the Colorado Department of Public Health and Environment or other agency responsible for the discharge permit for the 6 11111111111 HIM IIIII 11111 11111 1111 III 11111 IIII IHI 3211379 08/23/2004 09:06A Weld County, CO 7 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder existing plant directs Windsor that additional sewer taps shall not be issued,Greeley agrees not to issue additional taps. Both municipalities agree to cooperate to anticipate the need to treat sewage produced within the CPUA and to plan for any expansion of the Windsor system to accommodate growth of demand within the CPUA. Windsor agrees to expand the Windsor system as necessary to accommodate growth of demand within the CPUA. Windsor shall make reasonable efforts to provide treatment capacity for Greeley's sewage, including expanding the existing plant when at ninety percent (90%) capacity and/or building a plant capable of meeting future discharge limits. Should Windsor fail to begin construction of such capacity when at ninety percent(90%)capacity,Greeley shall have the right to make alternative arrangements for any and all sewage treatment contemplated under this Agreement. Such option shall be in addition to any other remedy available under this Agreement. (e) Monthly User Fees. Charges for sewage treatment shall be paid by Greeley to Windsor. The rates for sewage treatment shall be consistent with rates charged to Windsor resident customers and calculated per hundred (100) cubic feet of wastewater discharge as measured at the flowmeter(s). The service rates shall be reviewed by Windsor annually and shall reflect Windsor's actual costs of Greeley's wastewater treatment and conveyance. Greeley shall use its best efforts to enforce its environmental standards,restrictions and limitations on all waste water discharge treated by Windsor. ,r- (d) Treatment of Other Sewage. Greeley and Windsor agree that it may be feasible and cost-effective for Windsor to treat sewage originating within portions of the City of Greeley that are outside the CPUA; however,nothing in this agreement shall commit Windsor to treat such sewage and Greeley agrees that it will not deliver any sewage originating outside the CPUA to the Windsor system for treatment without the express written consent of Windsor that it will accept and treat such sewage. (e) Billings. Windsor will submit one invoice to Greeley monthly. Invoices shall be paid within thirty (30) days of receipt, after which time interest penalties shall begin to accrue at the rate of one percent per month,or fraction thereof, during the period in which the invoice remains unpaid. (I) Industrial Pretreatment. Greeley shall cooperate with Windsor to enforce Windsor's EPA-approved industrial pretreatment program to protect the Windsor's system from undesirable sewage discharge. (g) It is understood and agreed that Windsor shall be solely responsible for obtaining and complying with any discharge or other permit required for the operation of its sewage treatment plant, or any modifications thereto. 7 1 11111111111111111111111111 111111111111 11111111 1111 101 3211379 08/23/2004 09:06A Weld County, CO 8 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder 8. Release,Hold Harmless,Indemnification. Both Windsor and Greeley are public entities, as that term is defined pursuant to the Colorado Governmental Immunity Act,Colo.Rev.Stat.§ 24- 10-101, et seq. The parties to this Agreement have the benefits and responsibilities enumerated in the Colorado Governmental Immunity Act. Each party shall defend any and all claims for injuries or damages pursuant to and in accordance with the requirements and limitations of the Colorado Governmental Immunity Act occurring as a result of negligent or intentional acts or omissions ofthe parties,their officers, agents,employees and assignees.In addition,Greeley shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of Greeley, its officers, employees, agents, and assignees performing functions or activities upon the property of Windsor. Greeley shall provide adequate workmen's compensation insurance for all of its employees, agents and assigns engaged in activities and functions upon the property of Windsor or Greeley.Windsor shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of Windsor, its officers, employees, agents, and assignees performing functions or activities upon the property of Greeley. Windsor shall provide adequate workmen's compensation insurance for all of its officers,employees,agents and assignees engaged in activities and functions upon the property of Greeley. Each party shall furnish the other party current certificates of insurance stating that the coverages outlined above are in full force and effect. 9. No Public Utilities Commission Control. Greeley,its employees and elected or appointed officials, agree neither to assert nor support any statement, policy, petition, rule making, or legislative attempt to place the Windsor's sewage treatment services system under the authority or jurisdiction of the Colorado Public Utilities Commission by virtue of this intergovernmental agreement or otherwise. 10. No Third Party Beneficiary. It is expressly understood and agreed that the terms and the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,are strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right or cause of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that no person and/or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be deemed any more than an incidental beneficiary only. 11. Non-Compliance. Notwithstanding any other provision in this Agreement, if either party fails to comply with the provisions of this Agreement,the other party, after providing written notification to the noncomplying party and upon the failure of the noncomplying party to achieve compliance within a reasonable time after such notice under the circumstances,or ninety(90)days, whichever is less, may refuse to provide and/or disconnect the water and sewer services stated in paragraphs 6 and 7 of this Agreement. Additionally,that party may maintain an action in a court of competent jurisdiction in Weld County for specific performance, injunctive, or other relief against the non-complying party. In the event of such litigation, the prevailing party shall be entitled to payment by the defaulting party, of its actual attorney's fees and costs incurred. 8 • I 'll' Hill MI 11111 11111 111111 EOM III MI MI 3211379 08/23/2004 09:00A Weld County, CO 9 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder 12. Additions and Modifications. The parties hereto agree that they shall cooperate with one another and Weld County in making such additions and modifications to this Intergovernmental Agreement as may be necessary to effectuate its purposes. 13. Term and Termination. This Agreement shall remain in effect for a period of twenty (20)years from its effective date. Thereafter, it shall be automatically renewed for successive five (5)year terms unless at least five(5)years prior to the scheduled expiration, either party notifies the other party of its decision that the Agreement shall not be renewed. As noted in Paragraph 5(f), the revenue sharing agreement contained therein is perpetual in nature and survives any termination of this Agreement. 14. Colorado Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in Weld County. 15. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute waiver or a waiver of any subsequent breach of the same or another provision of this Agreement. 16. Notices. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered,or after the lapse of ten business days following mailing by certified mail, postage prepaid, addressed as follows: TO GREELEY: City of Greeley 1000 10th Street Greeley, Colorado 80631 ATTN: City Manager TO WINDSOR: Town of Windsor 301 Walnut Street Windsor, Colorado 80550 ATTN: Town Manager 17. Effect of Invalidity. If any portion of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties,the parties agree to take such action(s)as may be necessary to achieve to the greatest degree possible the intent of the entirety of this Agreement. If any portion of any other paragraph of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, such invalidity or unenforceability shall not affect the other paragraphs of this Agreement, except that any corresponding right or obligation of the other party shall be deemed invalid. 18. Amendments. This Agreement may be amended in writing only by the mutual agreement of the governing bodies of the parties hereto. 9 1111111 11111 11111 11111 11111 111111 111111 I I 11111111111111 3211379 08/23/2004 09:06A Weld County, CO 10 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder 19. Reliance by the Parties. Windsor and Greeley understand that each is relying upon all of the promises made by the other in this Agreement, and each agrees (i)not to assert to any court or other body the invalidity or unenforceability of any portion of this Agreement; (ii)to promptly notify the other party of any legal action which might affect this Agreement; (iii)to allow the other party to participate in such legal action as the other party deems appropriate; and(iv)to defend this Agreement in such legal action. DONE AND DATED AS FIRST WRITTEN ABOVE. CITY OF GREELEY TOWN OF WINDSOR By: <Gt-0 rcti By: /5.44.-c+17.j %�'!� Mayor Mayor ' �of,WINO' • oS ,.. ., so 111 i k.GpRPDRAT . Ili i : ® 41' . : ATTEST: ATTEST: e;., SEAL Jo . -i 4i By: 4 / y c- City Cl r Town CI APPROVED AS TO SUBSTANC : By: By: Lear ylVanager To Mang;r APPROVED AS TO LEGAL FORM: By: e•-- ? T• 1 Attome By: IL kA A ? - City Attorney's Office N-i -'.) AS TO AVAILABILITY OF FUNDS: c c An By: Director of Fin U:\COUNCIL AGENDA\July 20\windsoran eement.wpd 10 . . . ) Aro- �am= ,,.:k rl E- 5lh• J V wn of Windsor M1 �^ I a co oI o la n . o IQ,ti roa�'BI C unt'Road 6 C unty'• d r..�... +��: 2N elLL 2/ 'A- I I� r...r...r.,. p r . JOB i I �� Sao CountyRoad6O county-Road-6 :_��. ._ J totI N. 'am . 0 .....w,..,. a E� Est / e .o CI w pIIIIIIM �! W 1 I. immt 1.,..t—r. 1 - �tyof&edev M o _ 9quln or i [ � b i ' H • E.unty- ad II co ds6,, CYryofJoluutmm n, y 3 cn 1 vw-w 1! � '11 .. `T BIII C . CJa O' �4 U IW91>l+IXkbuncrtm'Rdl'S4titukm.Sl+X(Mth� -.. r r .+ r 5 s r rc ssk� +, � —u�Fiannrngar�d 61r^ l +a`" rctk ur>tr .,yaEtly 41i,R d ° +. sat t+ z 1 t bq'K Jkrar all ( {p4(l' �, • td I is a z y ri r ky i y N �, a n . ... Icrd vt,'''"'• ` P t 1Soprir.PlvuNar,V.a Tw1NN.tiW64,, ' +o llV 4''',' I a i ynaaldy�umdEaqkGilw(�ig>in&fed ls�avA,.isss, + c �>Ma Ray '�= y • -,,n, t�$� g, d 0}''). ' a__. ,,.;" .kadftlgg+wayro, S. toy Samar SIN b'q.. �r Mla.lsd s r x '�� `?.''�•''j,�4rv[. N � +ut !6uf- t - HdY9°`.. d as f�l i91C+ Mbvarti x O'' '','.-" '. # ^G 3 ir y t tt� "F,?d5 y � tlJndav .mfi blk'GcAM.�Innmrv.Mmcf`mrda�m ,t h ". � - �� l4 �.�dL�i�.l�!�`' .`{'n�r��i�W1C2'� a` s.��..$ k.,... 111111111111111111111 11111 111111 111111 111 111111 I1111111 III III I 3211379 08/23/2004 09:06A Weld County, CO 12 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit B US HWY 34/SR257 LAND USE, SITE AND BUILDING STANDARDS The following land use and development standards are blended elements of the City of Greeley and Town of Windsor Development Codes and provide Overlay Development Standards for a portion of that area known as the"Strategic Employment Development Corridor (SEDC)" as described in the City of Greeley 2020 Comprehensive Plan and also that area along State Route 257 one mile south of its intersection with US Hwy 34 and two(2)miles north of that point extending to Weld County Road 62 (Crossroads Boulevard), as illustrated on the attached Exhibit A and hereinafter referred to as Greeley/Windsor Employment Corridor(G/WEC). I. LAND USE A. PRINCIPAL EMPLOYMENT CORRIDOR 1. Physical Area Defined: The boundary of the principal G/WEC is%mile north and south of the US Hwy 34 between SR 257 and WCR 13 (County Line Road); also 1/2 mile east and west along SR257 between WCR 62 and 1 mile south the .-1 intersection of SR257 and US Hwy 34. 2. Allowed Land Uses: As described in the Comprehensive Planning documents for Greeley and Windsor the US Hwy 34 and SR 257 travel corridors are preferred locations for a mix of regional employment and community separator types of land uses. The primary land uses allowed in this corridor shall relate to primary employment functions,such as professional business park uses (e.g. "FIRE: Finance, Insurance,Real Estate"), light industrial and select medium industrial uses and special regional destination uses. Outside storage is not permitted in this area unless fully screened from all rights-of-way and adjacent non-industrially zoned lands, and where incidental and clearly subordinate to the primary land use. The following land uses are considered uses by right in this corridor: * adult schools, e.g.college or university facility,trade or business school * amusement park * arena or auditorium * assembly * beverage processing * dry cleaning plant * driving range * fabrication NM 11111 IIIII HUH! IIIIII 111111 III 111111 III IIII 3211379 08/23/2004 09:06A Weld County, CO 13 of 18 R 91.00 D 0.00 Steve Moreno Clerk & Recorder * farming * financial institution * food processing (fully-enclosed facilities with no adverse environmental impacts) * golf course * greenhouse or nursery * hospital * mail center * manufacturing(fully enclosed, light manufacturing activities) * medical supply * office * open space * publishing firms * quasi-public facilities (museum,fire & police, zoo, aquarium) * radio station * research/development lab * sports arena * stable * studios * television station * testing lab * theme park * transportation facilities(light rail stations and public transportation depots are permitted. Truck terminals and truck stops are prohibited) * veterinary clinics (no outside runs) * warehouse * wholesale goods Other accessory and supportive land uses, such as restaurants, would be allowed only if incidental to the primary land use and located within an established employment,business or industrial park setting. B. SECONDARY CORRIDOR AREA 1. Physical Area Defined: The boundary of the secondary G/WEC area begins %mile back of the primary Employment Corridor boundaries north and south of the US Hwy 34 and also back '' mile east and west along SR257. 11111111111111111111111111111111111111III11111III IIII 3211379 08/23/2004 09:06A Weld County, CO 14 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder 2. Allowed Land Uses: Allowed land uses are those permitted within the annexing jurisdiction and may include residential, retail, restaurant, neighborhood commercial and other institutional uses as may be defined by the annexing jurisdiction. • II SITE DESIGN A. BUILDING ORIENTATION: All portions of buildings facing a right-of-way shall be designed and oriented to offer a"front door"level of design to the traveling public (specific architectural treatment defined in Section III,below) B. BUILDING AND STRUCTURE SETBACK: All buildings and other structures, such as parking lots, shall be setback at least 100' from US Hwy 34 and SR 257. Setbacks from other rights-of-way shall be in accord with the jurisdiction within which the site is located. C. LANDSCAPING: Landscaping shall constitute a minimum of 25% of the site and be designed in such a way as to present a coordinated entryway treatment along US Hwy 34 and SR 257. Landscaping and buffering standards along the primary employment corridor shall be no less than that defined as a"Bufferyard B" in the City of Greeley Development Code (Copy attached hereto). Fencing used as part of a landscape treatment shall be in compliance with Greeley Development Code standards as found in Section 18.44.080 and 18.44.090 (Copy attached hereto). D. VEHICULAR ACCESS: Site access will be provided in limited locations from adjacent arterial roadways and provide inter-connectivity between internal and adjacent land uses. E. PARKING, LOADING, STORAGE: The location and design of parking, loading and storage operations shall be in accordance with City of Greeley Development Code standards found at Chapter 18.42 (Copy attached hereto). III. BUILDING DESIGN A. ARCHITECTURAL REVIEW STANDARDS: The design of all buildings and structures in the Primary Employment Corridor shall be in compliance with the standards as described in Section 18.40.090 of the City of Greeley Development Code (Copy attached hereto) B. BUILDING HEIGHT: Structures shall not exceed 40' in height, including communication towers, light and flag poles, etc. • . 111111111111 IIIII 1111111111111111111111 III 1111111111111 3211379 08/23/2004 09:06A Weld County, CO 15 of 18 R 91.00 D 0.00 Steve Moreno Clerk& Recorder C. SIGNS: Allowed signage shall be limited to wall or monument signs, following the standards set in the Town of Windsor's Sign Code for monument signs, and the City of Greeley's Development Code for allowed wall signs and types of allowed sign types. Pole signs are prohibited. IV DEVELOPMENT MANAGEMENT & REFERRAL SYSTEM The Overlay Character Zone standards for the G/WEC shall be administered by the jurisdiction within which the site is located. Greeley and Windsor shall employ a Development Referral System wherein any project proposed for development is automatically referred to the other jurisdiction for review and comment in a manner as established in the attached Memorandum of Understanding. It is generally understood that where conflicting opinions are offered that the more restrictive standards or one deemed a best fit to meet the overall design intent of the corridor shall apply. . 111 Town I m ~I t( t„ia. /�IIIIIIr1111r111 IIII�LeJi Q►. �\ -� '.� )'/Iq I iiFF irLiLr f \�� I '- t` O o0i a ll li'a — u� - _ - i 1 ,� �'� eO�-_ Ciry•dtl acgiand _ ___ �../ a al �� 0 calm Or IMMMI am ►��•+ 1 T �all� : . �°td:: _ =s nal& T ua 1 - City ufGrneley r= -- f :, ! City ofJohns wit �� L_ _— v v Exhibit"C" Growth-Management,Annexation and Cooperative Planning I+y 111880� I—IWind Greeley sor &Johnstown Limits MI Greeley Annexation Area D .Windsor GMA Boundary r n Loveland Limits - MI'Windsor Annexation Area Windsor-Greeley Cooperative Planning Area ' , pFuo '`:I -CountyBoundary .,‘--,-;t: a.,Js� y 7 k 'il d_ [ Pj " 'i ' k1 , 'County Roed464,2/4' r "4"mo -6 kin .,` i, I__-_i t -`�I3.1 I If _�co C Io F o � ._..C.t ( eDN ! 6 \a County,F9ad ed. \County Road 04— �'— 'mil _IQ= E _ Earhart Frei , 'ot Gp'Q". na N_ aa �h. 4 Er) �op— 6 or la` IL Z . 00uo_t\ a C NM am 5 __ E45th St vn�/ � --. 4-..-- Crosatoddb Blvd--- ""-x"^"'""`=='-'County Road62 �°unly Road 82 2 *� T I owl I L __ ,___' !. L �/ '• o Ca � (GLIC)Reservoir ��_r —.1.a --i... r r q * . '' �' �Oklahomya Reservoir �i II -.1 �°.-smt,a'_ ` _. ,e o- ._, � E uallzerLake c ; r �np �n '^--.-(� ) S, E�`V GUC 1�A? •8' ‘91‘7 e Wrs >r. : .,i I ' $ Ncv+hln}ey Blvd , ,. ' Ili. j III A _,..R -l..r USIHM„34..., — i : o Ag n9uln Dr •E 3 s I �,: • :. %HapiTrl„: --i—.E County Road 20 y"` ;"-".r'Grr —.,_u �_ \ _ f .- E'Ccunty Road-20c— �-.� t'., _... r-.� _.._.. �sGoun R ) .....`._..._.�.+�._ �...� Jculnry Roe \m— dl ': ;. J b, oad:00, e 1/241.,,,Ora •II _\ e _-'� 1 �' II • I_ES ' -� l - .4 ' . ._ . I I Statee^Wwy702 p I� CounN fto�6\ r g � I� r. —.- o o i p _ do ~_k �, a \\? , Infmuanon cpntamed on gus doeurnent remains the Created 10/14/03 propestyofaseQtyo(arceley Copflngmyportu n By.The CIS Program,9787 Exhibit D - Windsor.IGA GL Farms . ` ofN amapwltltouttge writtenpennissien of the File Nemo.,CUPAmad City'olgwe1eyv a Rietlyprotebited.. l inch Muds 1 miles ,e plenununmcm-aetasvudigitizedfromaerialphotographsdates ProposedRaindanceRidga Local Street Historically Irrigated Lands L ICityofLoveland Ml iOSHa1�N 1987/}992;1995,and 2o00:Updatsaere conbnuai and data gam"GLIC System. ---- Major Highway t'. Leaseback Farms-Also have Shareholder Agreements L.., City of Johnstown ' .N represtrtaaoilgy llrojingdever time.:Ttueproductis not a neceapnly waisted miaowing or surveying standards but +� Transmission Lines — Main Road Greeley-Loveland Shareholder Agreements' k jTown of Windsor w .J�.a_ g does magi NadonelUeppwg Accuracy Standards(MMAS) Y4 The informetlonooneyned within this document is not intended ` J Parcels ®Counties -i Lakes and Reservoirs CityofGreeley to be used foe the prepvann of cnenucaon documents,. - WCR soJ i I 1 I j I .15 v j< 120. FUTURE ROW s m a .E scam I y � [CJ = c o I Sil0 1 SIV 0 Is 1-7_3 m 1 I —cc li SirO a00 FULL ACCESS O si r =o OS=r 1 —N� �WQ S IS CO _old r—n co O an co 03 sr- ID ..FULL ACCESS f Jj wcHTOJTix• i pn 1 m PW96lE 3i iric"li PEXLA�TPAFFIC TOWN AND APPACiYA1 Ht 7T/A11 RIGHT HT -OUT �R XI T9GHLWf i I r Us FEWY 34 y t+esi?s Exhibit E _ Weld County Road 17 o, ,,,, T I' ;ifs: Access Design �,'i' . 'r,. PDF created with pdfFactory Pro trial version www.vdfifactory.com - ' PL1684 2004-2927 Exhibit P Large Map Located in Original File Oversized Original Site Plan Not Scanned PL1684 2004-2927 Exhibit Q Large Map Located in Original File Oversized Revised Site Plan Not Scanned i EXHIBIT Via*VALLE ATER 5 ' Located in Windsor,CO Weld County Planning(Department OFF May 2, 2003 MAY 6 2003 Weld County Colorado RECEIVE' Department of Planning Services Attn: Sheri Lockman,Planner 1555 N. 17th Avenue Greeley, CO 80631 • Re: Case Number: USR-1430; Development Plan and Special i. Review Permit for Landscaping Materials Yard in the A Zone District for Part NE/4 Section 8,T5N, R67 W of the 6th P.M., Weld County, Colorado; Marcelle Geudner ("Owner") Dear Sheri: As contiguous property owners on the South border of the above- referenced property,we would adamantly oppose this application for the following reasons: 1. It is contradictory and inflammatory to the surrounding uses • 2. It should be located in an industrial or cosiunercial area ana nothing in that area is slated for that use. " 3. - Inc owner nas already moved into the area and there has been no consideration to line of site issues, traffic issues, dust issues, noise issues and the Owner is already operating out of the site without approval,which is relatively inflammatory to the neighborhood. 4. The only access to that point is down a rural gravel residential private drive. I am very familiar with the residents of that drive and not only do their children live in a rural quite atmosphere, but also my children play with their children. It would certainly Northern seem that the Owner moved into a very quiet residential area Colorado's Premier WATER VALLEY FACTS : N. ®' wind-wr HW392N • 700 acres of planned lakes and open space. Icrr, Eastman Master . Conveniently located between For Collins,Loveland and Greele aTed Robson, 3' ,y. a Built around the Pelican lakes Golf Course and Country Club, z, .- Planned Sr.designed course with more shoreline than any course in the world. Hw 3a —. •Exceptional amenities including golf,swimming,sailing,fishmg,biking,tennis. avel_nE.. Greeley Cominunity Main Office: 970-686-5828 • 'R'cvw•watervalley.com Ind not a commercial area with truck and tractor loader activity That normally co curs within an industrial area. Once again,we would adamantly object to the proposal and think that type of use would be very welcomed in an industrial or commercial zone,but not in a quiet residential neighborhood. Sincer y i md,Presi ML:tky \Water Valley\Ltr to Weld County Planning Dept.doc f ) Hello