HomeMy WebLinkAbout20031564.tiff CHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# IS CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number nnnnnn-o-oo-000
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.usl.
(Include all lots being included in the application area.If additional space is required, attach an additional sheet)
LegalDescriptionSW4 NW4 N2 NW4 (110 acres) Section ,Township6 North, Range67 West
Property Address(IfApplicable) 10833 WCR 66, Windsor, CO 80550
Existing Zone District: Ag Proposed Zone District: 13 Total Acreage: 143 - Proposed#/Lots
Average Lot Size: Minimum Lot Size: Proposed Subdivision Name:
FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet)
Ruth Winder Revocable Trust dated April 24, 2001, and 1996 Erna M. Butler
Name: Revnrahle Trust (May 13, 1996)
Work Phone# 970/339-5090 Home Phone# Email Address
Address: 2016 28th Avenue # 104
City/State/Zip Code Greeley, CO 80634
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
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Great Western Railway Company of Colorado, LLC
Name:
Work Phone# 303/393-0033 Home Phone# Email Address
Address: 252 Clayton Street, 4th Floor
City/State/Zip Code Denver, CO 80206
UTILITIES: Water: Town of Windsor, CO
Sewer Town of Windsor, CO
Gas: Xcel Energy
Electric: Xcel Energy
Phone: Qwest
DISTRICTS: School: Windsor School District RE 4
Fire: Town of Windsor, CO
Post: Town of Windsor, CO
I (We), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld
County Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee
owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee
owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included
indicating the signatory has the legal authority to sign for the corporation.
Great Western Railway Company of Colorado, LLC, Applicant and Authorized Agent
for Owne
By
Fre L. Otis,, Attorney, Authorized Agent for Applicant April 30, 2003
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• EXHIBIT
2003-1564 __
*continued Parcel Numbers
080723000018 Part ofE2SE4,Section 23, Township 6 North, Range 67
West of 6'I P.M., Weld County.
21 acres
080724000019 SW4, Section 24, Township 6 North, Range 67 West ore
P.M., Weld County.
12 acres
April 29, 2003
Ms. Monica Daniels-Mika
Weld County Planning Department
1555 North 17`h Avenue
Greeley, CO 80631
RE: Change of Zone Application
Parcel Nos. 080725000012, 080723000018, 080724000019
Dear Ms. Daniels-Mika:
With regard to the Change of Zone Application being filed on the properties described on
Exhibit A, the owners of such properties, The Ruth Winder Revocable Trust, dated April 24,
2001 and Erna M. Butler, by her Attorney-in-Fact, Ruth Winder, hereby authorize the Great
Western Railway of Colorado, LLC to be their authorized agent.
r
Sincerely,
T Winder Revocab e Trust, dated April 24, 2001
Ruth inder, Trustee
tler /
/yD
Ruth inder, Attorney-in-Fact for 1996 Erna M. Butler Revocable Trust (May 13, 1996)
GREAT WESTERN RAILWAY
OF COLORADO,L.L.C.
P.O.Box 537 Zip 80539
950 Taylor Avenue
Loveland,Colorado 80538
Telephone 970-667-6883
Fax 970-667-1444 Omni - A®
Mobile 970-567-1388
http://www.omnitrax.com
April 29, 2003
Ms. Monica Daniels-Mika
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
RE: Change of Zone Application
Parcel Nos. 080725000012, 080723000018, 080724000019
Dear Ms. Daniels-Mika:
Please allow Fred L. Otis, Otis, Coan & Stewart, LLC, to act as agent for the applicant, Great
Western Railway Company of Colorado, LLC, on the Change of Zone Application for the
referenced parcels.
Sincerely,
Great Western Railway Company of Colorado, LLC
By — -.
Onsager
General Counsel
CHANGE OF ZONE/REZONING QUESTIONNAIRE
1. How is the proposed rezoning consistent with the policies of the Weld County Code,
Chapter 11? If the proposed rezoning is not consistent with the Comprehensive Plan,
explain how the proposed rezoning will correct what the applicant perceives as faulty
zoning, or how the proposed rezoning will fit with what the applicant perceives as the
changing conditions in the area.
RESPONSE: Applicant believes its application is consistent with the Weld County
Comprehensive Plan ("Comprehensive Plan"), and that there are changing conditions in
the area surrounding the property. The location of Eastman Kodak, Encorp Diamond
Valley, LLC, TMSI, Metal Container Corporation, and the commercial/industrial area
just west of this Property all indicate the surrounding area has changed and that the
Property is compatible with industrial uses. The Town of Windsor is adjacent to the site
and is supporting this application. In addition, the availability of rail, water, sewer, and
utilities within the near proximity of this property make it an ideal industrial site pursuant
to Section 22-2-140 of the Comprehensive Plan.
The following are specific references to the Comprehensive Plan:
Section 22-2-150. A.I.Goal 1. states that conversion of agricultural land to industrial uses
will be encouraged when the subject site is located...where adequate services are
'—• currently available or reasonably obtainable.
This site is located where adequate rail, water, sewer, electric, and gas are
available.
Section 22-2-150 B.I.Goal 2. states it encourages the expansion and diversification of the
industrial economic base.
The proposal to rezone the Property to I-3 should be permitted since it will, in
fact, expand and diversify the industrial economic base of Weld County.
Section 22-2-150 B.2. states the applicant shall ensure that adequate services and
facilities are currently available or reasonably obtainable.
This site is ideally suited for industrial development because of its unique access
to rail, water, sewer, electric, and gas.
Each of the goals and policies in Section 22-2-150 has or will be met, including
the access between public roads and the proposed industrial development or
district. The Property borders on Weld County Roads, 23 (gravel surface), 66 and
64 % (both are asphalt surface). By utilizing Weld County Road 66, access is
available to State Highway 392 within 1 mile and to State Highway 257 within 2
miles.
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2. How will the uses allowed by the proposed rezoning be compatible with the surrounding
land uses? Include a description of existing land uses for all properties adjacent to the
subject property.
RESPONSE: There is commercial and industrial development in the area surrounding
the Property, including Eastman Kodak Co., Encorp Diamond Valley, LLC, and Metal Container
Corporation TMSI and many commercial/industrial uses east of Highway 257. Of the properties
immediately adjacent to the Property, all the following are zoned Agriculture.
North Timothy J. & Lana J. Stutzman; Public Service Co.
West Marilyn R. DeTienne; Richmar Wine, LLC, Richard & Marilyn
Weinmeister; Town of Windsor
South Eastman Kodak Co.; Nancy D. Likarish; S.S. & Jasvir Maan
East W. Lee Detterer; Eastman Kodak Co.; Harold Long & Son Inc.;
Harold L. & Carol A. Long
3. Will the property use a septic system or public sewer facilities?
RESPONSE: The property will use a public sewer facility provided by the
Town of Windsor.
4. Who will provide adequate water, including fire protection, to the property?
RESPONSE: The fire protection will be provided by the Town of Windsor. The water
will be provided by the Town of Windsor.
5. Does the property have soils with moderate or severe limitations for construction? If yes,
the applicant shall submit information which demonstrates that the limitations can be
overcome.
RESPONSE: There are no soils limitations for construction on the property.
6. Is the road and/or highway facilities providing access to the property(ies) adequate to
meet the requirements of the proposed zone district? If not, the applicant shall supply
information demonstrating the willingness and financial capability to upgrade the road
and highway facilities.
RESPONSE: The Property borders on Weld County Roads, 23 (gravel surface), 66 and
64 % (both are asphalt surface). By utilizing Weld County Road 66,
access is available to State Highway 392 within 1 mile and to State
Highway 257 within 2 miles.
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7. Is there sand, gravel, or other mineral resources on or under the subject property? If so,
the applicant shall provide a mineral resource statement prepared by a certified geologist
or other qualified expert. The statement shall indicate the estimated quantity of resources
and the economic feasibility of recovery, now and in the future, of the resource(s) so that
the Planning Commission and Board of County Commissioners can determine whether a
commercial mineral deposit is contained on or under the subject property(ies) as defined
by Colorado Revised Statute.
RESPONSE: See attached report prepared by Scott, Cox& Associates, Inc, Consulting
Engineers. The report indicates that "...the sand and gravel deposits
located on the property are not of commercial grade and may not be
economical as a mineral aggregate resource." Further the report indicates
that there are"...no deposits of coal ...which are of commercial grade or
are an economical resource", and that "...there are no deposits of metallic
or non-metallic minerals...which are of commercial grade or are an
economical resource."
8. Is the change of zone area located in a Flood Hazard Overlay District?
RESPONSE: No.
9. Is the change of zone area located in a Geologic Hazard Overlay District?
RESPONSE: No.
10. Is the change of zone area located in the AP (Airport) Overlay District?
RESPONSE: No.
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APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department. Date: April 30. 2003
1111 H Street,P.O.Box 758, Greeley,CO 80632
Phone: (970)3564000,Eat. 3750 Fat (970)3046497
Great Western Railway Company
I. Applicant Name of Colorado, LLC Phone (301) 333-0933
Address 252 Clayton Street City Denver State a Zip 80206
2. Address or location of access
Section 23/24/25 Township 6 North Range 67 West
Subdivision u/a Block Lot
Weld County Road # 66 Side ofRoad 23 Distance from nearest intersection at intersection
3. Is there an existing access to the property? Yes X No__'#of accesses
4. Proposed Use:
❑ Permanent ❑ Residential/Agricultural 0 Industrial
O Temporary ❑ Subdivision 0 Commercial 0 Other
*******************************************************iii******************************•**********•a•*****
5. Site Sketch
Legend for Access Description:
AG = Agricultural ' kilts„ '
PAC = Residential • ••
= Oil&Gas
D.R. = Ditch Road ,}v,
GUC�P�
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OFFICE USE ONLY:
Road ADT • Date Accidents Date
Road ADT Date Accidents Date
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Drainage Requirement Culvert Size -Length
Special Conditions
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❑ Instailationauthorized ❑ Information Insufficient
Reviewed By: Tide:
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