HomeMy WebLinkAbout20001858.tiff DEPARTMENT OF PLANNING SERVICES
r'N 1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax (970) 304-6498 a ii
CHANGE OF ZO E APPLICATION I
App. Ch'd By: Nisi l*-'t ' ase Number: c______-__S-4 e;''
App. Fee: !'I b0• tro Receipt Number:
Record. Fee: 10 . (S-N, Receipt Number:
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature.
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:
LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT 1
(If additional space is required, attach an additional sheet)
PARCEL NUMBER: 0 .8 0 '3 3 2 0 0 0 0 3 3 (12 digit number found on Tax I.D. Information or
obtained in the Assessor's Office. •
Property Address (if available): VACANT LAND
PRESENT ZONE R 1` ' PROPOSED ZONE industrial 3 TOTAL ACREAGE 43. 1/
OVERLAY ZONES AIRPORT
r"1SURFACE FEE(PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING:
Name: Home Quarter Circle Go. Home Telephone#:
Address: PO Box 747 Bus. Telephone#: 970/356-6110
Eaton, CO 80615
Name: _._. Home Telephone#:
Address: Bus. Telephone#:
APPLICANT OR AUTHORIZED AGENT(if different than above).
Name: Bruce Johnson Phone: 970/356-6110
Address: 801 8th Street # 220-I, Greeley, Colorado 80631
I hereby state that all statements, proposals or plans submitted with this application are true and correct to the
best of my knowledge.
%ht."4,-,1 .,
Signatures Owner or Authorized Agent
Rev: 4-25-97
2000-1858
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EXHIBIT 1
LEGAL DESCRIPTION
Part of the North Half of Section 32, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado, being more particularly described as follows:
Beginning at the North Quarter Corner of Section 32(being a#6 rebar with an 3 1/4"
al. cap stamped L.S. 25953, in a range box), and considering the North line of the
Northeast Quarter of said Section 32 bearing South 88°12'46"East with all other
bearings contained herein and being relative thereto;
Thence South 00°00'00"East 20.00 feet to THE TRUE POINT OF BEGINNING;
Thence South 88°12'46"East 1327.17 feet;
Thence South 04°30'58" East, 2381.16 feet to a point on the Northeasterly
right-of-way line of U.S. Highway 85 By-Pass;
Thence Continuing Northwesterly along said right-of-way North 27°24'03" West,
257.58 feet;
Thence North 28°55'03" West, 311.80 feet to point nontangent to a curve to the left
said having a radius of 2060.00 feet, a delta measuring 40°04'45" and a chord which
teTh bears North 51°5625" West 1411.80 feet;
Thence along said curve to the left 1441.00 feet;
Thence North 73°39'02" West leaving said curve 138.71 feet;
Thence North 00°00'00" East 1004.17 feet to The True Point of Beginning.
Said parcel contains 45.583 acres more or less and is subject to any rights-of-way
or other easements as granted or reserved by instruments of record or as now
existing of said described parcel of land.
essi
REZONING QUESTIONNAIRE
1 a. How is the proposed rezoning consistent with the policies of the Weld County
Comprehensive Plan?
Response:
The applicant, J. Quarter Circle Co., is the owner of a 46 acre tract of land which it proposes
to rezone consistent with a pending Recorded Exemption.Application now on file with Weld County.
Lot A of the Recorded Exemption Application is approximately 17.5 acres and Lot B is
approximately and 28.7 acres.
Lot A has a proposed sale contract with Hebert Holdings, LLLP, a real estate holding company,
owned by owners and operators of a seed company known as D &D Commodities,Ltd("D&D").
D & D plans to operate a regional seed processing and distribution company on Lot A. D &D is
a family owned and operated company located in the Red River Valley in extreme Northwestern
Minnesota. D &D is involved in the manufacture of premium nutritional products for caged birds,
small animals and outdoor pets. Its products are sold worldwide to a large variety of customers in
almost every trade class (pet, feed, farm supply, lawn and garden, hardware, grocery, mass
merchandising, and export). D&D proposes to build a minimum 40,000 square foot building on Lot
A with construction to begin in the Fall of 2000. D &D will use the property for processing seed.
There will be no manufacturing or"smoke stack" type use.
The County's industrial goals and policies as set forth in the Comprehensive Plan are as follows:
Industrial Goal 1: Encourage expansion and diversification of the industrial economic
base.
Response: The inclusion of D & D in North Greeley would be welcome industrial
diversification of the North Greeley industrial economic base.
Industrial Goal 2:Accommodate new industrial development within planned industrial
areas.
Response: The North Greeley area is quite industrial at present, and there will be no conflict
with any residential or other commercial businesses. The property owner has attempted to
develop the property for residential purposes and has met opposition from the County.
Industrial Goal 3:Insure adequate and cost effective services and facilities are available.
Response: It appears water and utility services are available to meet the needs in this industrial
area. D &D will use an ISDS system, see paragraph 3 below.
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Industrial Goal 4: Promote industrial development which is appropriately located in
relation to surrounding land uses,and that meets necessary environmental standards.
Response. D&D's seed processing facility will be appropriately located in North Greeley
where there are other surrounding industrial land uses. There will be virtually no
environmental impact.
Policy 4:Proposed industrial development or expansion of existing industry uses should meet
federal, state, and local environmental standards in addition to the criteria for evaluation will
include, but not be limited, to the effect the industry would have on:
Policy 4.1: The natural environmental, including air, water quality, natural drainage
ways, soil properties, and other physical characteristics of the land;
Response. D & D is a clean industry and will not have any effect on the air, water quality,
natural drainage ways, soil properties, and other physical characteristics of the land.
Policy 4.2: The compatibility with surrounding land use in terms of: general use,
building height, scale, density, traffic, dust, and noise;
Response. D &D proposes to build a structure that will have 30 feet high side walls and
"grain legs"(used to convey the seed into bins)that will be 120 feet high. The Greeley Weld
County Airport Manager,Mike Reisman, has been contacted and has preliminarily indicated
that he has no objection to the height of the building since it fits within the Airport Overlay
Plan. D & D will not have a significant impact on the surrounding general uses of the
property, building height, scale, density, traffic, dust, and noise. D &D anticipates it will
have 20 trucks coming and going from the facility as well as 30-45 employee trips from its
staff of approximately 15 employees.
Policy 4.3:The access between public roads and the proposed industrial development
or district. The land use applicant will demonstrate to the satisfaction of the Board
of County Commissioners,that the street or highway facilities providing access to the
property are adequate in size and quality to meet the requirements of the proposed
district or development. Internal road circulation, off street parking, acceleration
lanes, deceleration lanes, common access collection points, signalization, and other
traffic improvements should be required wherever necessary to mitigate traffic
impacts caused by the development.
Response. The proposed use by D&D is adjacent to Highway 85 and is conveniently located
on County Road 64. Since the D &D will have only 20 trucks coming and going, and then
only a short distance on Road 64, there will only be nominal impact on Road 64.
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Policy 4.4:Encourage development that is sensitive to natural patterns and suitability
of the land; and;
Response. D &D's use of Lot A is ideal in that it will fit into the industrial nature of North
Greeley. The land has historically been used for farm ground, even though it is presently
zoned Residential. There are no"natural patterns" or"suitability" issues with regard to this
property.
Policy 4.5: Visual and sound barrier landscaping should be required to screen open
storage areas from residential uses or public roads.
Response. D &D does not anticipate significant outside storage.
Industrial Goal 5: Achieve a well balanced, diversified industrial base in order to
provide a stable tax base and to provide a variety of job opportunities for Weld County
citizens.
Response. D&D's business will help to diversify the tax base in Weld County and provide
10 -15 job opportunities for Weld County citizens. In addition, the seed which will be
processed will be purchased from area farmers and elevators.
Policy 5: An application for industrial development within a municipality's urban
r! growth boundary area should be reviewed in accordance with the urban growth
boundary and industrial goals and policies.
Response. Applicant anticipates the City of Greeley will review this application and will
welcome D &D into the area since it will provide additional economic growth and will not
deter from Greeley's comprehensive plan, goals and objectives.
1. b If the proposed rezoning is not consistent with the Comprehensive Plan, explain how
the proposed rezoning will correct what the applicant perceives as faultyzoning,or how
the proposed rezoning will fit with what the applicant perceives as the changing
conditions in the area.
Response. As explained above, the proposed rezoning is consistent with the Comprehensive Plan.
In addition, the property was probably a classic case of.faulty zoning, since the now industrial area
of North Greeley where this property is located is not suitable for residential uses. In the event the
landowner proceeded with a residential use, the City of Greeley would probably object. Note that
the City recently denied Applicant's annexation request into the City as well as Applicant's request
for water and sewer service from the City when Applicant was attempting to proceed with
development of a residential subdivision.
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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.
Rest once:The uses surrounding Applicant's property are industrial,commercial and agriculture. The
uses proposed by D & D will fit into the other existing uses without exception. The following are
the uses surrounding Applicant's property:
North: Monson Produce Vegetable Warehouse and
packaging facility
South (across Hwy 85): Tri State Commodities Trucking
PanEnergy Oil Field Service Commercial
John Ballard Industrial (manufacturing)
East Bruce Johnson Agriculture
John Andrews Warehouse
Don Schwarz Trucking
Howard Williams Trucking
Lisa Cole Oil Field Service
West Valley Irrigation, etc Commercial
' 3. Will the property use a septic system or public sewer facilities?
Response: The Weld County Health Department will require an ISDS with any future building
permit. Owners of the respective lots will meet these requirements at that time. The soil of the
respective lots is satisfactory for individual septic disposal systems. Aseptic permit is not appropriate
at this time because the size of the facility(s)thereon is unknown. A statement on the recorded plat
will state that an ISDS is required with any building permit.
4. Who will provide adequate water, including fire protection, to the property?
Response: a. Domestic Water: The attached North Weld County Water District letter
of Service explains the water supply source. The sufficient quality, quantity and
dependability have long-time experience in this area.
b. Irrigation Water: The application lands have been historically irrigated
by existing offsite irrigation well. Irrigation water shall remain with respective lots in
a proportion based upon acreage.
c. Fire Protection: The Eaton Fire Protection District will provide fire
protection for the property.
Page 4 of 5
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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: The property does not have soils with moderate or severe limitations for construction.
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: Weld County Road 64 and Highway 85 are both contiguous with the property and
adequate to meet the requirements of the proposed zone district.
7. Is there a sand, gravel, or other mineral resource 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 Statutes.
Response: See report of Church & Associates, Inc. submitted contemporaneously herewith.
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: Yes.
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e'4.2000(12:11PMJ
OTIS, COAN & STEWART, LLC
I 1 ATTORNEYS AT:LAW
Fred L.Otis West Greeley Law Center DENVER MEIRo(303)659-7576
G.Brent Coan 1812 56TH AVENUE FAX(970)330-2969
GREELEY,COLORADO 80634 E-MAIL OCS300@aol.com
Michael D. Stewart (970)330-6700 FILE NO. F04.121-101
June 15, 2000
HAND DELIVER
Ms Monica Daniels-Mica
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: Change of Zone Application
Dear Ms. Daniels Mica:
Please be advised that applicant,J Quarter Circle,Co., has authorized Bruce Johnson, 801 8th Street,
Suite 220-I, Greeley, Colorado, 80631, as its agent in the enclosed change of zone application.
Attached are the following:
1. Original Change of Zone Application and 25 copies.
2. Change of Zone Plat and Vicinity and Land Use Map and 10 copies.
3. One "reduced" 81/2 x 11 Change of Zone Plat and Vicinity and Law Use Map.
4. Original Change of Zone Questionnaire and 25 copies.
5. Weld County Road Access Information Sheet and 2 copies.
6. Mineral Resource Statement prepared by Church& Associates, Inc. and 25 copies.
7. Letter from North Weld County Water District regarding adequate water supply and 1 copy.
8. An ISDS will be required with any building permit to meet the sanitary sewage disposal
requirements.
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June 15, 2000
Page 2
9. Two Deeds representing ownership of the property by J Quarter Circle Co. and 1 copy each.
10. United States Department of Agriculture Soil Conservation Service letter regarding soils
evaluation and 1 copy.
11. Affidavit and Certified List of Names and Addresses of Surface Owners within 500 feet of
property and 1 copy.
12. Affidavit and Certified List of Names and Addresses of Mineral Owners and Lessees of
minerals under the property and 1 copy.
13. $1,100.00 check for the Change of Zone Application Fee. •
14. The Change of Zone Plat recording fee will be paid at the time the Change of Zone Plat is
submitted for recording.
J Quarter Circle Co. is the property owner which is the subject of this Change of Zone Application.
Note, J Quarter Circle Co. has previously filed a Recorded Exemption Application. We would like
to have both applications processed contemporaneously.
Lot A of the Recorded Exemption Application is approximately 17.5 acres, and is the subject ofa
proposed sale contract with my client, Hebert Holdings, LLLP. Hebert Holdings, LLLP is a real
estate holding company which is owned by the same family who owns D&D Commodities,Ltd. ("D
&D"). D &D plans to operate a regional seed processing distribution company on Lot A. D&D
manufactures premium nutritional products for caged birds, small animals and outdoor pets. D&D's
products are sold worldwide through a large variety of customers in almost every trade class.
If the Recorded Exemption Application and Change of Zone Application are approved, D &D will
commence construction of a minimum 40,000 square foot building on Lot A in the fall of 2000.
/f You indicated if the Change of Zone Application was filed by June 15, 2000, it should be on the /
August 1,2000,Planning Commission Agenda. We would like to have the preadvertising option you
mentioned so we can proceed with the County Commissioner hearing shortly after the Planning
Commission meeting. — —�
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June 15, 2000
Page 3
We trust the application is complete and satisfies the County's requirements. In the event you have
any questions, please give me a call.
Sincerely,
Fred L. Otis
FLO:mas
Enclosures
Please allow Bruce Johnson to act as agent for J Quarter Circle Co. in all materials and contacts with
this Change of Zone Application.
J Quarter Circle Co.
By ,tr ; 4R )
Its
CHURCH & Associates, Inc.
r°: ENGINEERS&GEOLOGISTS
May 25, 2000
A. Bruce Johnson &Associates
Attn: Bruce Johnson
801 8th Street
Greeley, Colorado 80631
Subject: Mineral Resource Statement and Preliminary Geologic Hazard Evaluation
Two Parcels in a Portion of the North Half of Section 32, Township 6 North
Range 65 West of the 6"'P.M.
Weld County, Colorado
Job No. 12689-L
Dear Bruce,
As requested, we have conducted a preliminary geological evaluation for two parcels in the subject
site. The purpose of our investigation was to identify site conditions, to evaluate whether there is the
presence of economically extractable mineral resources (specifically sand, gravel and quarry
aggregate) and discuss the presence of geologic hazards as they relate to development of the site. This
information is requested by the Weld County Planning Department to facilitate a change in land use
zoning of the subject properties from R-1 (residential)to industrial.
INVESTIGATION
This investigation was conducted by means of a site reconnaissance conducted on May 25, 2000 by a
Professional Geologist. We also reviewed readily available maps and literature by the Colorado
Geological Survey.
SITE CONDITIONS
The two sites include a 46+ acre parcel and an adjacent: 24± acre parcel located in a rural/industrial
area north of Greeley in Weld County, Colorado. The parcels, primarily, consist of irrigated fields
which have been recently plowed or planted with crops. A farm house is located at the northeast
corner of the east (24+ acre) parcel. The Eaton Draw is located along the east property boundary of
the east parcel. There is an approximate 0%to 1% slope at the majority of the properties, generally to
the south with minor variations in slope direction. The slopes along the banks of the Eaton Draw are
slightly steeper, generally in the order of 20%. A thin layer of topsoil appears to overlie fine, silty
sand with minor amounts of clay. A natural gas well is located near the center and tank battery and
accessory equipment are located at the northwest corner of the west parcel.
PROPOSED USAGE
We understand that a grain storage/supply facility may be located on the west parcel. At this time,the
specific usage for the east parcel has not been determined. We anticipate that new structures will
.DENVER 4501 Wadsworth Boulevard Wheat Ridge,CO 80033
303.463.9317 Fax:303.463.9321
enINLRAL/GELOGIC HAZARDS
Job No. 12689-L
Page 2
s require permanent foundations and that sewer services and drinking water will be provided by the
local water and sewer district.
MINERAL RESOURCE STATEMENT
Not all mineral resources were evaluated for the property. The primary issue, as we understand, are
potential sand, gravel and quarry aggregate resources which may conflict with development.
Colorado Geological Survey (CGS) Special Publication 5-B was used as the primary reference for
this preliminary evaluation and field verified by the geologist. Based on the CGS publication, the
sites lie within T-4 deposits (stream terrace deposits, a probable aggregate resource). We observed no
evidence of natural occurring aggregate exposed at the surface on the property. Graved mining
operations are located nearby in the F-1 (floodplain deposits with high quality resources) and are not
found in T-4 deposits in this area. Based on the lack of mining in T-4 deposits and the presence of
F-1 deposits in this area, it is our opinion that there are no economically extractable aggregate
resources on the site.
PRELIMINARY GEOLOGIC HAZARD EVALUATION
Site observations did not indicate any signs of geologic hazards caused by gravity, such as landslides,
debris flows, rockfall, or unstable or potentially unstable slopes. Our research did not indicate any
indications of underground workings, or other conditions, which could result in ground subsidence.
Mari-made activities could produce conditions, which may alter the ground stability resulting in
hazardous conditions if not carefully planned.
CONCLUSION
This study was preliminary in nature and did not include an extensive exploration program for the
presence of oil, natural gas, uranium or other mineral resources not described above. The presence of
the natural gas well assumes that exploration has been conducted for fuel minerals at some time in the
past with positive results. No economically extractable mineral resources covered in this report are
believed to be present at this site. Although no geologic or soil hazards appear to exist in the present
condition, site specific geotechnical investigations should be conducted as planning of the project
proceeds.
If there are any questions or we can be of further service, please call.
Sincerely,
CHURCH & Associates, Inc. Reviewed by:
Thomas W. Fi ey E ward O. Church,P.E.
Professional eologist
TWF
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