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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20220850.tiff
CHANGE OF ZONE (COZ) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION (Attach additional sheets if necessary.) Is the property currently in violation?❑� No / DYes Violation Case Number: Site Address: 6644 County Road 56, Johnstown, CO Parcel Numbers: e 9 5 7- 1 9 _ 1 0 0 0 6 5 Legal Description: PT NE4 19-5-67 Lot B RECX15-0078 Section: 19 , Township 5 N, Range 67 W # of Lots: Total Acreage: 13.21 Floodplain: ENo / ❑Yes Geological Hazard: EINo I ❑ Yes Airport Overlay: ✓❑No / fYes REZONING Existing Zone District(s): A (Agricultural) Proposed Zone District: 1-3 (Heavy Industrial) PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Christopher Weimer Company: W3 Legacy, LLC Phone #: (970) 867-4401 Street Address: P.O. Box 1449 City/State/Zip Code: Email: cweimer@son-haul.net Fort Morgan, CO 80701 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Shannon Toomey Company: AGPROfessionals Phone #: (970) 535.9316 Street Address: 3050 67th Avenue Email: stoomey@agpros.com City/State/Zip Greeley, CO Code: 80634 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. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the story has the legal au sign for the corporation tore viyO 'vu Print Da e 21 Signature Date Print DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES I, (We), W3 Legacy, LLC C/O Chris Weimer Kr stal Rowland C1O AGPROfessionafs , give permission to (Owner — please print) (Applicant/Agent — please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at: 6644 County Road 56, Johnstown, CO 60701 Legal ❑escription rti� . LgifYIPI of Section ICI , Township 5 N, Range W N/A -C eN15 bD $ NIA N!A Subdivision Name: Lot Block_ Property Owners Information: (970) 967-4401 cweimer@son-haul,net Phone: E-mail: Applicant/Agent Contact Information: (970) 535-9318 krowtand©agpros.com Phone: E -Mail: Email correspondence to be sent to: Owner ❑ _ Applicant/Agent D Both Li Postal service correspondence to be sent to: (choose only one) Owner O Applicant/Agent Additional Info: Qn3\-0ANIor, l_ �. L 1 eclu 051-atc,iiur)) ydap? I Owner Signature: Date: 2,/ r )2d Owner Signature: Date; 4617150 08/07/2020 08:14 AM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO STATEMENT OF AUT h ORITY Pursuant to C.R.S. §38-30-172, the undersigned hereby executes this Statement of Authority on behalf of 14'3 l.ei:ar4 I.I.C', a Colorado limited Itnhility eomnany An entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is: W3 Legacy 1 1.C The Entity is a: Colorado limited liability coiut}4iiuv (State type of entity and state, country or other government authority under whose laws such entity was formed) The mailing address for the Entity is: PO Box 1449, Fort Morgan. CO The name or position of the person(s) authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property onfbehalf of the Entity is: The limitations upon the authority of the person nan cd above or holding the position described above to bind the Entity are as follows (If no limitations insert "NONE") The instrument and recording information, including the County, of the document by which title was acquired is: Other matters concerning the manner in which the Entity deals with any interest in real property are: EXECUTED this STATE OF (Id -M () COUNTY OF AO/Cpl Signature: Name: Title (if any): } ss: The fore g! lg instrument was acknowledged before me this _ ‘ArtS. 1/JC:f Lf- behalf of :tlezacy I..L('. a ('oiuracio limited liability company. a. (1 yl,ed or printed) JU5ilN SANDERS— _ NOTARY PUBLIC STATE OF COLORA,10O NOTARY ID 20204001023 MY CO;MISSION EXPIRES JAN. 14, 2024 r �+\ Witness my hand and official seal. My commission expires: 1..t 16t)-{ e 0 r cv4 c /dog,' on Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. -Fred Colorado Secretary of State Date and Time: 02/23/2015 10:21 AM ID Number: 20151122864 Document number: 20151122864 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is W3 Legacy LLC (The name rf a liariwd liability company must contain the term or abbreviation "limited liability company"; "ltd. liability company", "limited liability co. ", "ltd, liability co.", "limited", "!.l.e. "Be", or "lid. ". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information) 2. The principal office address of the limited liability company's initial principal office is Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) 20011 Road 13 (Street number and name) Ft. Morgan CO 1449 (City) (Stale) (ZIP/Postal Code) U nkted States (Province — if applicable) (Country) PO Box 1449 Ft. Morgan CO 80701 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) (Last) (First) (Middle) Katz, Look & Onorato, PC (Suffix) (Caution: Do not provide both an individual and an entity name.) Street address Mailing address (leave blank if same as street address) ARTORG_LLC 1120 Lincoln St., Ste. 1100 (Street number and name) Denver (City) (Slate) co 80203 (ZIP Code) (Street number and name or Post Office Box information) Page 1 of 3 Rev. 12/01/2012 CO (City) (State) (ZIP Code) (The IngolL ny statement is adopted by marking the box) The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) or Neb Victoria E. aavij (First) (if an entity) (Caution: Do not provide both an individual and an entity name.) Mailing address PO Box 1449 (Middle) (Suffix) (Street number and name or Post Office Box information) Ft. Morgan CO 80701 (City) (State) (ZIP/Postal Code) United States , (Province - if applicable) (County y) (If the following statement applies, adopt the statement by marking the box and include an attachment.) n The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the unite hh box.) u one or more managers. or n the members. 6. (The following statement is adopted by marking the box) n There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences, Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, If applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/ddijyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury_ that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTQRO_LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Onorato Brian E (Last) (First) (Middle) (Suffix) 1120 Lincoln St., Ste. 1100 (Street number and name or Post Office Box information) Denver CO 80203 (City) (Provence — if applicable) (Stale) United States (Counity) (VP/Postal Code) (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 AGPROfessionals DEVELOPERS OF AGRICULTURE WELD COUNTY CHANGE OF ZONE (COZ) QUESTIONNAIRE Prepared for W3 Legacy, LLC Planning Ouestionnaire: 1. Describe the purpose of the proposed Change of Zone. The subject property is a 13.1 -acre parcel located approximately one mile south of U.S. Highway 34, between the Union Pacific Railroad and the Great Western Railroad. The subject property is approximately 560 feet southwest of Weld County Road (WCR) 56 and approximately 2,100 feet west of WCR 15. The property is presently zoned Agricultural. (A) and is proposed to be zoned Heavy Industrial (1-3). The property is currently permitted under USR15-0040, -0040, allowing commercial and industrial uses including parking and staging for a trucking and construction business and flyash transloading. Because the property is already approved for commercial and industrial uses, I-3 is a more appropriate zone for the property. Since the adoption of Weld County Code Ordinance 2019-02, commercial and industrial uses not related to agriculture or oil and gas are no longer allowed in the A zone. As a result, there is a need for properties in the county that are appropriately zoned for commercial and industrial development. The site's proximity to existing 1-3 zoned lands, railroads, a transloading facility, asphalt and concrete batch plant, and U.S. Highway 34 make the property more suitable for 1-3 uses. 2. Describe the current and previous use of the land. The property is currently used for a commercial truck parking and transload facility permitted under U R 1 S -0040. 3. Describe the proximity of the proposed use to residences. The closest existing residences to the subject property are located on two parcels owned by Gerrard Investments, LLC and Martin Marietta Materials Real Estate Investments, LLC. They are located on WCR 56 approximately 770 feet north of the subject property. There is a neighboring single-family residence owned by Janet Ross located on WCR 56 approximately 1,620 feet northwest of the subject property. Additionally, there are four single-family homes owned by R.H. Amen Farms, LLC located on WCR 15 approximately 2,000 feet east of the ENGINEERING, PLANNING, CONSULTING REAL ESTATE HQ & Mailing: 3050 67th Avenue, Suite 200, Greeley, CO 80634 970-535-9318 office 1970-535-9854 fax Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 1208-595-5301 www.agpros4com Page 2 of 7 subject property. At the corner of WCR 56 and WCR 15, approximately 1,900 feet northeast of the subject property, is a single-family residence owned by Cheryl Friede. 4. 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. The property is currently permitted under USR15-0040, allowing commercial and industrial uses including parking and staging for a trucking and construction business and hash transloading. Because the property is already approved for commercial and industrial uses, 1-3 is a more appropriate zoning choice than Agricultural. There are several changed conditions in the area of the subject property that support the proposed rezoning. The U.S. Highway 34 corridor, approximately one and a quarter mile north of the subject property, is developed with a broad mix of commercial and industrial land uses. The area located south of U.S. Highway 34 in the Town of Johnstown contains several industrial uses, including industrial bakeries, beverage distributors, recycling facilities, a machine shope, and other large-scale industrial uses. Several industrial uses have developed around the WCR 13/Union Pacific Railroad crossing, including an excavating company and a pet crematorium. The two properties north of WCR 56 and adjacent to the Union Pacific Railroad are owned by Gerrard Investments, LLC and are used as a rail yard and aggregate transloading facility as well as an asphalt and concrete batch plant. These properties were zoned I-3 in 2020 and 2021. Northeast of the subject property is a conference center and event venue permitted under U R 15- 0028.Other land uses in the area include, A Concrete, Inc. permitted under U R16-0010, Waste - Not Recycling, Slager Trucking Company, and Rocky Mountain Hoist and Equipment. Recent improvements to U.S. Highway 34 and the WCR 13/Union Pacific Railroad crossing support further industrial development in the area. Zoning designations for both the Town of Windsor and the Town of Johnstown provide for future industrial and commercial development to be located west and north of the subject property. 5. Explain how the uses allowed by the proposed rezoning will be compatible with the surrounding land uses. Include a description of existing land uses for all properties adjacent to the subject property. The two properties north of WCR 56 and adjacent to the Union Pacific Railroad are owned by Gerard Investments, LLC and are used as a rail yard and aggregate transloading facility as well as an asphalt and concrete batch plant. These properties were zoned 1-3 in 2020 and 2021. Page 3 of 7 Northeast of the subject property is a conference center and event venue permitted under U R15 - 0028.Other land uses in the area include A Concrete, Inc. permitted under U R16-ool0, Waste - Not Recycling, Slager Trucking Company, Rocky Mountain Hoist and Equipment. Recent improvements to U.S. Highway 34 and the WCR 13/Union Pacific Railroad crossing support further industrial development in the area. Zoning designations for both the Town of Windsor and the Town of Johnstown provide for future industrial and commercial development to be located west and north of the subject property. The surrounding area is seeing more commercial and industrial uses because of its proximity to a major transportation corridor and the demand for commercial and industrial land uses. 6. Does the soil report indicate the existence of moderate or severe soil limitations? If so, detail the methods to be employed to mitigate the limitations for the uses proposed. The soil report indicates moderate soil limitations for construction. The soil report is included in the application materials. Engineering for future structures will account for any soil limitations as demonstrated by continued development in the area. 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. This proposed change of zone is consistent with the Weld County Comprehensive Plan. The change of zone achieves several of the goals and objectives of the Comprehensive Plan as follows: Section 22-4-10 — Comprehensive Plan Map A..1. Areas of opportunity for commercial and industrial development. These are potentially logical areas for rezoning land to C (Commercial), I (Industrial), and Planned Unit Development (PUD) containing C and I uses based on transportation infrastructure of roads and railroads. The map is intended to encourage rezoning in appropriate areas. Section `2-4-10 — Comprehensive Plan Map B. Weld County Zones. If in compliance with the other provisions in this Section, zone changes to C (Commercial), I (Industrial), and Planned Unit Development (FUD) containing C and I uses are preferred in the follolocations: I. Within one mile of interstates. 2. Within one-half mile of US. highways. Page 4 of 7 3. Within one-half mile of the County Highway (Weld County Road 49 between 1-76 and State Highway 392). 4. Within one -quarter mile of railroads. 5. Within one-half mile of the following types of intersections: a. Coliector/arterial, b. Arterial/arterial, c. Collector/highway, and d, Arterial/highway. The subject property is located approximately 6,200 feet south of U.S. Highway 34 and adjacent to Union Pacific Railroad and Great Western Railroad. Section 22-2-30 — Land use goals and objectives. C. Harmonize development with surrounding land uses. 3. Encourage development that preserves land for agriculture, rangeland, wetlands, and critical habitats. Section 22-2-40 —Economic development goals and objectives. A. Support compatible economic development opportunities. I. Identify target areas where the County is able to encourage shovel -ready commercial and industrial development. 2. Innovate, develop, and capitalize on the necessary tools and funding mechanisms to incentivize economic development. According to the Comprehensive Plan Map, the subject property is located within an opportunity zone due to its proximity to transportation infrastructure, including U.S. Highway 34, the Union Pacific Railroad, and the Great Western Railroad. The Comprehensive Plan encourages rezoning to Commercial (C) or Industrial (I) uses in opportunity zones. 8. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. The subject property is outside of the areas depicted on land use guidance maps in the Imagine Greeley Comprehensive Plan and the Town of Windsor Comprehensive Plan. The property is also located outside of the Cooperative Land Use Annexation and Utility Areas delineated in the Intergovernmental Agreement (ICA) between the City of Greeley and Town of Windsor. The IGA does provide guidance for development of the U.S. Highway 34 corridor north of the subject property, designating this area for future commercial and light industrial uses. Page 5 of 7 Therefore, a change of zone from Agricultural (A) to Heavy Industrial (1-3) is compatible with these municipalities' future planning guidance documents. In addition, there are two neighboring parcels north and northwest of the subject property that were zoned Heavy Industrial in 2020 and 2021. The proposed change of zone is compatible with current and expected future development in the surrounding area. 9 Explain how this proposal impacts the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. The existing uses on the property, including parking and staging for a trucking and construction business and flyash transloading, were approved under U 1 15-0040. Development standards were attached to approval of the permit addressing how impacts from the commercial and industrial uses must be mitigated to protect the health, safety, and welfare of the neighborhood. Ongoing impact mitigation includes designated truck haul routes, landscaping and screening, compliance with the Air Pollution Emission Notice (APEN) and Emissions Permit, adherence to noise standards, and management of fugitive dust. Upon approval of the Change of Zone, the property owner will submit a Site Plan Review application to gain approval for the existing uses in the I-3 zone. It is anticipated that these Development Standards will also be applied to the Site Plan Review. 10. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County; The subject property is not located within any Overlay Zoning District addressed in Article V and Article XI of Chapter 23. Environmental Health ►uestionnaire: 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a will serve letter from the Water District, a tap or meter number, or a copy of the water bill. The property has an existing water tap with Little Thompson Water District (LTWD). A recent water bill is included with the application. Page 6 of 7 2. Discuss the existing and proposed sewage disposal system is on the property. If utilizing an existing on -site wastewater treatment system (OT), provide the OWTS permit number. If there is no permit due to the age of the existing system, apply for a permit through the Department of Public Health and Environment prior to submitting this application. If a new OWTS system will be installed, please state "a new on -site wastewater treatment system is proposed." only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. There is an existing septic system located on the property permitted under SP -2O00416. A copy of the septic permit is included with the application. Public Works Questionnaire: 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. The existing access point, permitted under AP 15-00293, is approximately 1,880 feet southwest from the intersection of Weld County Road (WCR) 56 and WCR 15. This access is shared with the parcels directly north and west of the subject property by way of an easement recorded under reception no. 2210645. This access was permitted to serve the commercial uses on the subject property and the adjacent property to the west, as well as the agricultural uses on the adjacent property to the north. No new accesses are proposed. 2. Describe any anticipated change(s) to an existing access, if applicable. The existing site access, permitted under ,P 15 -00293, will remain with no anticipated changes. p � 3. Describe in detail any existing or proposed access gate including its location. There is no existing or proposed access gate for the site location. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. There are four existing accesses serving neighboring parcels on the north side of WCR 56. These are located approximately 850 feet, 1,000 feet, 2,700 feet, and 3,100 feet west of WCR 15, Page 7 of 7 respectively. The adjacent parcel east of the subject property, also known as Lot B RE -1247, is served by an agricultural field access on WCR 15 approximately 1,375 feet north of WCR 54. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. Based on the location of the site access, no difficulties are anticipated seeing oncoming traffic from the existing access. There are no new accesses being proposed. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. The existing access, permitted under AP 15-00293, is located approximately one mile south of U.S. Highway 34 and approximately 1,880 feet southwest of WCR 15. The access is on the south side of WCR 56 adjacent to the southern curve of the Koenig Reservoir. Approximately 530 feet west of the intersection of WCR 15 and WCR 56, there is a mild curve that turns southwest on WCR 56. WCR 56 continues west following the curve created by the southern edge of the Koenig Reservoir. The curve in WCR 56 straightens at a point approximately 2,900 feet east of WCR 13, continuing west along the north line of Section 19. There are no new accesses proposed. 7. Describe the topography (using terms like flat, slight hills, etc.) of the road in the vicinity of an existing or proposed access. The access location is on Weld County Road 56, a local gravel roadway. The topography near the entrance is relatively flat. There are no new accesses proposed. August 10, 2021 AGPROfessionals 3050 67th Avenue Greeley, Colorado 80634 Attn: Ms. Krystal Rowland Re: Geology Report Proposed Industrial Development Parcel Number: 095 719100065 6644 County Road 56 Weld County (Johnstown), Colorado Soilogic Project # 21-1279 Ms. Rowland: Soilogic, Inc. (Soilogic) personnel have completed the geologic evaluation you requested for the above referenced parcel. Our evaluation was completed through review of mapped and published information concerning site soil and groundwater conditions. A fist of the references reviewed is included with this report. The subject parcel includes a total of approximately 13.2 acres located in a portion of the Northeast 'A of Section 19, Township 5 North, Range 67 West of the 6th Principal Meridian, located at 6644 County Road 56 near Johnstown, in unincorporated Weld County, Colorado. We understand the site may be rezoned from agricultural to industrial. We understand one (1) On -Site Wastewater Treatment Systems (OWTS) is currently present on -site (Permit 4 SP -2000416) and we anticipate wastewater generated by any additional commercial/industrial buildings will be disposed of through new °WT . Based on aerial photography, a commercial warehouse building appears to be present on the subject parcel, while a majority of the site appears to be undeveloped and used for equipment storage. The site gently slopes downward to the southwest with the maximum difference in ground surface elevation across the parcel estimated to be on the order of approximately 20 feet based on review of topographic maps of the area. The Union Pacific railroad was noted adjacent to the northern boundary of the property and the Great Western Soilogic, Inc. 3522 Draft Horse Court • Loveland, CO 80638 ; (970) 535-6144 Ueu logy Report Proposed Industrial Development Parcel Number: 095719100065 6644 County Road 56, Weld County (Greeley), Colorado Soilogic Project # 21-1279 2 railroad was noted adjacent to the southern boundary of the property and both railroads were aligned in a northwest to southeast direction. The included soil type delineation diagram outlines those soil groupings identified at the site by Weld County Soil Conservation Service (S) maps. SCS descriptions ofthose soil types are included with this report. The majority of the near surface soils at this site (approximately 85 -percent) consist of low to moderate plasticity clay loam from the Nunn Clay Loam series. The remaining portion of the near surface soils at this site consist of low to moderate plasticity silty clay loam from the Wiley -Colby complex. The near surface site soils appear to consist of Pleistocene aged alluvium and/or calcareous eolian deposits, according to SCS maps. Geologic maps of the area indicate the overburden soils are underlain by the Pierre Shale bedrock formation from the Upper Cretaceous period. Mapped information indicates the property is not in an area identified as being flood prone and would be expected to have groundwater at depths greater than 5 feet. According to SCS data, the depth to bedrock would be expected to be greater than 6 feet. Based on our review of the site as outlined above, we expect the near surface soils could be used for support of lightly to moderately loaded structures. Deep foundation systems could be employed if heavy foundation loads are anticipated or if moderately to highly expansive soils and/or bedrock are encountered within close proximity to proposed foundation bearing elevations. The subject property is located near a field identified as having the potential for economically recoverable oil and gas resources. Multiple active wells tapping the referenced field exist adjacent to the referenced parcel, within approximately one mile to the west and northern directions. We expect the existing active well sites could be utilized to extract oil and gas resources that may exist beneath the subject property through directional drilling procedures such that development of the subject parcel would not impede recovery. Based on our review of published maps, the subject parcels do not fall within those areas identified as having economically recoverable sand and gravel, or metallic mineral resources and we did not identify other potential geologic hazards as outlined. in H.B. 1041. Geology Report Proposed Industrial Development Parcel Number: 095719100065 6644 County Road 56, Weld County (Greeley), Colorado Soilogic Project # 214279 3 We appreciate the opportunity to be of service to you on this project. If we can be of further service to you in any way or if you have any questions concerning the enclosed information, please do not hesitate to contact us. Very Truly Yours, Soilogic, Inc. Iy /tau( IlJI,I TM/� IJy /I■/1 '.�I' Justin Fischer, E.I. Project Engineer Reviewed by Alec Kalj ian, P.E. Project Engineer Geology Report Proposed Industrial Development Parcel Number: 095719100065 6644 County Road 56, Weld County (Greeley), Colorado Illogic Project # 21-1279 4 REFERENCES is Colton R.B. and Harold R. Fitch, 1974, Ma howin, Potential Sources of Gravel anal. Crushed -Rock A. ogre gatein the Boulder -Fort Collins -Greeley Area Front Rage Urban Corridor, Colorado: U.S. Geological Survey Miscellaneous Investigation Series Map 1-855-D. 2. Hillier D. and Schneider, Jr. P.A.., 1979, Depth to the Water Table in the Boulder -Fort Collins-Grreele Area, Front Ran ge_Urban Corridor, Colorado: H.S. Geological Survey Miscellaneous Investigation Series Map 3. Soil Survey Staff, Natural Resources Conservation Service, United States Department ofAgriculture. Web Soil Survey. Available online at http://websoilsurvey.nrcs.usda.gov accessed (August 6, 2021). Colorado Oil and Gas Commission, Department of Natural Resources, 2019 https://cogccmap.state.co.us/cogcc_gis_online. Accessed August 6, 2021. 40° 23' 30" N 4ir 23 lay' N 3 ?_i N Effivi 505320 Soil Map —Weld County, Colorado, Southern Part 505483 1 5C6480 Map Scale: 1:3+120 If printed on A portrait (8.5" x ti") sheet c\H\1/4 , „ \ I 505850 a 45 3 a 18O :Meters 27O Feet 150 300 600 9OC Map projection: Web Merrator Corner coordinates: WGS84 Edge the UrM Zone 13KI WGS84 635640 I I 0r= 104" 55' 5" 4 1134" VII 40 ° 23' 30' N 41P 23' 10' N usDA Natural Resources Web Soil Survey gam Conservation Service National Cooperative Soil Survey 8/612021 Page 1 of 3 Soil Map Weld County, Colorado, Southern Part MAP LEGEND Area of Interest (AO P) Area of Interest (AC I) Soils El Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features X O O N Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot usDA Natural Resources a Conservation Service C. Sr - 4 Spoil Area Stony Spot Very Stony Spat Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails +l+ Backgrau rid Aerial Photography Interstate Highways US Routes Major Roads Local Roads MAP INFORMATION The soil surveys that comprise your ADP were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of ,mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed Scale, Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA -N RCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 19, Jun 5, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Aug 11, 2018 --Aug 12, 2018 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Web Soil Survey National Cooperative Soil Survey 8/6/2021 Page 2 of 3 Soil Map —Weld County, Colorado, Southern Part Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOl 42 Nunn slopes clay loam, 1 to 3 percent 12.0 84.4% I 82 Wiley percent -Colby complex, 1 to 3 slopes 2.2 15.6% Totals for Area of Interest 100.0% 14.2 USDA Natural Resources Web Soil Survey simils Conservation Service National Cooperative Soil Survey 8/612021 Page 3of3 Map Unit Description: Nunn clay loam, 1 to 3 percent slopes---WeJd County, Colorado, Souther ier r i Part Weld County, Colorado, Southern Part 42 Nunn clay loam, to 3 percent slopes Map Unit Setting National map unit symbol: 2tJpl Elevation: 8,000 to 5,840 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transacts of the mapunit. Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 9 inches: clay loam BE - 9 to 13 inches: clay loam Btk - 13 to 25 inches: clay loam Ski - 25 to 38 inches: clay loam 8k2 - 38 to 80 inches: clay loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than BO inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 7 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 0.5 Available water capacity: High (about 9.9 inches) Interpretive groups Land capability classification (irrigated): 2e USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 8/6/2021 Page 1 of 2 Map Unit Description: Nunn clay loam, 1 to 3 percent slopes ---Weld County, Colorado, Southern Part Land capability classification (nonlrrigafed): 3e Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Veldt Percent of map unit: 10 percent La ndforr: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Satanta Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R0G7BY002CO - Loamy Plains Hydric soil rating: No Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 19, Jun 5, 2020 USDA Natural Resources Web Soil Survey 111.1. Conservation Service National Cooperative Soil Survey 8/6/2021 Page 2 of 2 Map Unit Description: Wiley -Colby complex, 1 to 3 percent slopes ---Weld County, Colorado, Southern Part Weld County, Colorado, Southern Part 82 Wiley -Colby complex, 'I to 3 percent slopes Map Unit Setting National map unit symbol: 3643 Elevation: 4,850 to 5,000 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 48 to 54 degrees F Frost -free period: 135 to 170 days Farmland classification: Prime farmland if irrigated Map Unit Composition Wiley and similar soils: 60 percent Colby and similar soils: 30 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Wiley Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile HI - 0 to 11 inches: silt loam H2 - 11 to 60 inches: silty clay loam H3 - 60 to 64 inches: silty clay loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well l drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of pondrng: None Calcium carbonate, maximum content 15 percent Maximum salinity: N onsa l i ne to very slightly saline (0.0 to 2.0 mmhosfcm) Available water capacity: High (about 11.7 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R067UY002CO - Loamy Plains Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 8/6/2021 Page 1 of 2 Map Unit Description: Wiley -Colby complex, 1 to 3 percent slopes ---Weld County, Colorado, Southern Part Hydric soil rating: No Description of Colby Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile HI - 0 to 7 inches: loam H2 - 7 to 60 inches: silt loam Properties and qualities Slope: I to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water capacity: High (about 10.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R0G7BY002CO - Loamy Plains Hydric soil rating: No Minor Components Weld Percent of map unit: 4 percent 1-lydric soil rating: No Heldt Percent of map unit: 4 percent Hydric soil rating: No Keith Percent of map unit: 2 percent Hydric soil rating: No Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 19, Jun 5, 2020 usim Natural Resources Web Soil Survey inu Conservation Service National Cooperative Soil Survey 8/6/2021 Page 2of2 iiAGPROfessionals DEVELOPERS OF AGRICULTURE Traffic Impact Statement Prepared for W3 Legacy, LLC The subject property is located south of Weld County Road (WCR) 56, classified as a local gravel road, between WCR 15, classified as a local paved road, and WCR 13, classified as a paved arterial. The access to the subject property is located on WCR 56 approximately 1,880 feet southwest of the intersection of WCR 56 and WCR 15. The adjacent parcels to the north and east share this access by way of an access easement recorded under reception no. 2210645. This access is currently permitted to serve the existing commercial and industrial uses on the property, permitted under USR15-004. The development standards for the USR allow a maximum of twenty semi -trucks and trailers to access the site each day. The haul route for these trucks, as specified in the USR development standards, is WCR 56 to WCR 13. WCR 56 has direct access to WCR 15 and WCR 13. Both WCR 15 and WCR 13 have direct access to U.S. Highway 34, a major transportation corridor approximately one mile north of the subject property. Recent improvements to the intersection of WCR 13 and U.S. Highway 34 include a northbound right -turn acceleration lane, a traffic signal, upgraded paving, and railroad signals on WCR 13 and along the Great Western Rail crossing on Highway 34. Because the property's access on WCR 56 is already approved for commercial and industrial uses, and because of the improvements made to the intersection of U.S. Highway 34 and WCR 13, the surrounding roads are adequate for use as haul and travel routes for future industrial uses of the property. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE HQ & Mailing: 3050 67th Avenue, Suite 200, Greeley, CO 80634 970-535-9318 office 1970-535-9854 fax Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 208-595-5301 www.agpros.com AGPROfessjonals DEVELOPERS OF AGRICULTURE August 2, 2021 Scott Ballstadt Senior Planner 301 Walnut Street Windsor, CO 80550 RE: Weld County -Windsor CPA Notice of Inquiry Change of Zone from Ag to I-3 AGPRO Project #3123-10 Dear Mr. Ballstadt, AGPROfessionals is in the process of submitting a Weld County Change of Zone application on behalf of W3 Legacy, LLC for a property located at 6644 County Road 56 in Johnstown. The site location parcel number is 095719100065 with a legal description PT NE4 LOT B REC EXEMPT RECX15-0078, Section 19, Township 5N, Range 67W, of the 6a' P.M., Weld County, Colorado. The proposed zoning is I-3 (Heavy Industrial). Weld County Planning Staff advised us to notify the Town of Windsor prior to the submittal of the application. Please provide comments on the enclosed Weld County Notice of Inquiry form. My contact information is shown below. If you have any questions, please don't hesitate to contact me or the Weld County Planning Department regarding this proposal. Since ely, 'Crystal Rowland Land Planner Tech AGPROfessionals (970) 535-9318 krowland�u7a ros.com ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue . Greeley, CO 80634 970.535.9318 /office • 970.535.9854 / fax • wtivw.agpros.cim ,iifessionals il DEVELOPERS OF AGRICULTURE August 2, 2021 Pepper McClenahan Community Development Director 1101 Broad Street Milliken, CO 80543 RE: Weld County -Milliken CPA Notice of Inquiry Change of Zone from Ag to I-3 AGPRO Project #3123-10 Dear Ms. McClenahan, AGPROfessionals is in the process of submitting a Weld County Change of Zone application on behalf of W3 Legacy, LLC for a property located at 6644 County Road 56 in Johnstown. The site location parcel number is 095719100065 with a legal description PT NE4 LOT B REC EXEMPT RECX15-0078, Section 19, Township 5N, Range 67W, of the 6th P.M., Weld County, Colorado. The proposed zoning is I-3 (Heavy Industrial). Weld County Planning Staff advised us to notify the Town of Milliken prior to the submittal of the application. Please provide comments on the enclosed Weld County Notice of Inquiry form. My contact information is shown below. If you have any questions, please don't hesitate to contact me or the Weld County Planning Department regarding this proposal. Sincerely, Land Planner Tech AGPROfessionals (970) 535-9318 krowland@agpros.com ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue . Greeley, CO 80634 970.535.9318 /office . 970.535.9854 / fax . www.a£pros.com AGPROfessiona1s ■ DEVELOPERS OF AGRICULTURE August 2, 2021 Kim Meyer Planning and Development Director 450 S. Parish Avenue Johnstown, CO 80534 RE: Weld County -Johnstown CPA Notice of Inquiry Change of Zone from Ag to 1-3 AGPRO Project #3123-10 Dear Ms. Meyer, AGPROfessionals is in the process of submitting a Weld County Change of Zone application on behalf of W3 Legacy, LLC for a property located at 6644 County Road 56 in Johnstown. The site location parcel number is 095719100065 with a legal description PT NE4 LOT B REC EXEMPT RECX15-0078, Section 19, Township 5N, Range 67W, of the 6th P.M., Weld County, Colorado. The proposed zoning is I-3 (Heavy Industrial). Weld County Planning Staff advised us to notify the Town of Johnstown prior to the submittal of the application. Please provide comments on the enclosed Weld County Notice of Inquiry form. My contact information is shown below. If you have any questions, please don't hesitate to contact me or the Weld County Planning Department regarding this proposal. Land Planner Tech AGPROfessionals (970) 535-9318 krowland gagpros.corn ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 676 Avenue • Greeley, CO 80634 970.5359318 /office ■ 970.535.9854 / fax . www.agpros.com Weld County Treasurer Statement of Taxes Due Account Number R8945536 Assessed To Parcel 095719100065 W3 LEGACY LLC PO BOX 1449 FORT MORGAN. CO 80701-1449 Legal Duseription PT NE4 19-5-67 LOT B REC EXEMPT RECXIS-0078 Situs Address 6644 COUNTY ROAD 56 WELD You Tax Ad-usimenls Interest Tex cI rp 2020 S8.797.34 $0.00 $0.00 Total Tax Charge Grand Total Due ea of 0713012021 Fees Payments Balance $0.00 $8,797.341 $0.00 $0.00 $0.00 Tax Billed at 2020 Rates for Tax Area 2371 - 2371 Authority WELD COUNTY SCHOOL DIST RE5J NORTHERN COLORADO WATER (NC FRONT RANGE FIRE RESCUE (JO AIMS JUNIOR COLLEGE THOMPSON RIVER REC HIGH PLAINS LIBRARY Taxes Billed 2020 Credit Levy Mill Levy 15.0380000* 47.8090000* 1.0000000 11.5240000 6.3050000 3.5940000 3.1810000 Amount Values $1,495.66 $4,755.09 $99.46 MANUFCTNG/PROCE SNG-LAND MANUFCTRNG/PROC ESNG-IMPS $1,146.19 Total $627.10 $357.46 $316.38 88.4510000 $8,797.34 Actual Assessed $330,813 $95,940 $12,134 $3,520 $342,947 $99,460 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. 1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
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