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Home My WebLink About20220817.tiffEXHIBIT INVENTORY CONTROL SHEET CASE COZ21-0010 - R.H. AMEN FARMS, LLC Tyler Page # Description Exhibit Submitted By Planning A. Commission Planning B. Commission C. Planning Services D. Nathan Gerrard E. Applicant F. Planning Services H. J. K. L. M. N. O. P. Q. R. S. T. U. V. Resolution of Recommendation Summary of Hearing (Minutes dated 2/15/2022) PowerPoint Presentation Letter of correspondence supporting the Staff and Planning Commission recommendation for upgrades to County Road 56 and an Improvements Agreement (received 3/22/2022) PowerPoint Presentation (received 3/22/2022) Quit Claim Deed with Legal description for the subject lot (received 4/27/2022) 2022-0817 • CASE NUMBER: • APPLICANT: • PLANNER: COZ21-0010 R.H. AMEN FARMS, LLC ANGELA SNYDER EXHIBIT I C za\-o• o • REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-3 (HEAVY INDUSTRIAL) ZONE DISTRICT. • LEGAL DESCRIPTION: BEING PART OF THE E2 AND PART OF THE NW4 OF SECTION 19, T5N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. • LOCATION: SOUTH OF AND ADJACENT TO CR 56; APPROXIMATELY 0.5 MILES EAST OF CR 13. . e.T 1, ,! M:ir l . .1r S,1- •�!; _l'.''Ii�L Ems, :'i:.�. r: l,^,ri �I ile•-: iill'�;,=-i: _; [s- -e;:se.mj' r<�. Mil-:!F'ir�V�S� :.\.'-.._...�. _ '1•`-3..�. Change of Zone Criteria Comprehensive Plan Compatibility Water and Sewer Adequate Streets compliance with Standards EMI IMISTA Esszne„ III Change of Zone Criteria Comprehensive Plan Compatibility Water and Sewer Adequate Streets Compliance with Standards U F3 U SR 15,-6075 CONSTRUCTION BU SIN ESS rs - USR:818'x_ •.,� SINGLE FAMILY,DWELL IN - i i, ln r - - •}A7; r ..I� ••. _ • 2MUSR17-01=1329' f3 J. 7Rd[NINGANDMATERM SPROC'1. m �r� ,t, .RECREATION FAC AHIMAL S J; 1i I -- I 1 •.i _) - r n YL :- 914 U SR -672A M GRAVEL"MFNING r • • n 14 x, .• . a -•I t st• * • I 4 ' -47 L� '''• 1 }M ■ A'a=bL a • . ' 7. 4y+ .'x'•w. -a-Ca� tI,i ' • ■ a . i� !; l • I TT'` 41. .. • 4I41...a..,4e :� ti i t•�: - . tip: - '�. r. xlA��'-fi' r + I %! iP .- - • - r ▪ r . . a • . w a • r ► • • ,1.. 1. • R-aM1it- a • • 4' ill 4-.4‘.4-4. a Iii ai ■.i .401. .. isfr147*i.,a, 8 ..• *7 •••••••••• ya r• •• • r • *h• .: • 1!•.! 4, 4 .14 '1.-.4 4 a' i' a ie I i`� ■ �i .■ 4. r 's ••• . • ..e.a. 4 a''{•Gw Woe _N,' '.S 4, w I L �'. r= { .`�J •r': ti'11 =J 'i if 4_ Change of Zone Criteria Comprehensive Plan Compatibility Water and Sewer Adequate Streets Compliance with Standards Existing Access to 40' easement with Union Pacific County Road 15 looking southwest Change of Zone Criteria Comprehensive Plan Compatibility Water and Sewer Adequate Streets Compliance with Standards _ ..,,._•U - 4 - •r• •. w I . - - : • r" _ . Tt 1. I—. Union Pacific Crossing Looking North I r I J �. rE_J I I } • t II I I I j • I �S = r - AP, {{ 1 I ■ L-i i T -j_ ; -- I I I ., . 1, I:•I. II riff. 'I. .. . x . • 3�e_-rvxr. . ! • r • I. . 1 ti , •. Ir• 4% In k r .I� Rock and Rail NW from Access on CR 56 r NE across CR 56 E on CR 56 NW from CR 15 at UPRR • filk 46. � NIA r_2,7 ;�. k - -- - y • • CHANGE OF ZONE BEING A PART OF THE NORTHWEST 1/4 AND THE EAST 1/2 OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, CO LEGEND CIOWcPW RaCil ciiP tc � Nam.. icalperAl••• ■■ rra x cL s:.+•loo ■■ AGPRO%ssionais (. CHANGE OF ZONE SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, CO 2 of 2 Change of Zone Criteria Comprehensive Plan Compatibility Water and Sewer Adequate Streets Compliance with Standards --' •saran ei tmemelak ,annair tl Illkillintiiiii n i.;1 wila..i is ft End of COZ21-0010 Jessica Reid om: _vent: To: Subject: To be added to the record. Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com (970) 400-3525 Angela Snyder Tuesday, March 22, 2022 9:03 AM Chloe White; Esther Gesick; Jan Warwick; Jessica Reid FW: COZ21-0010 EXHIBIT I1m '2_Q1 -00‘ b Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this munication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or )taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Nathan Gerrard <ngerrard@gerrardinc.com> Sent: Tuesday, March 22, 2022 8:11 AM To: Angela Snyder <asnyder@weldgov.com> Subject: COZ21-0010 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Snyder, Please include this email with the public comment for DOCKET #2022-17, AMEN FARMS, LLC (COZ21-0010) Zoning Change Hearing as I am unable to attend. Dear Weld County Commissioners, Please consider the following comments as you consider the change of zone request, Case #'s COZ021-0010, COZ21- 0011 and COZ21-0012. As an adjacent land owner who has recently been required to contribute millions of dollars in off -site improvements in order to meet the code requirements in Section 23-2-30 A 4 to be granted both a USR and then :hange of zone, I echo the comments made by both the Planning Staff and Planning Commissioners in regards to the upgrades needed to County Road 56 and the need for an Improvements Agreement. Traffic on CR56 has repeatedly created dust issues which appear from Indian Head Estates to be coming from the Rock and Rail Site when in fact it 1 is originating on CR56 primarily by traffic from these sites. This misconception has led to both traffic and dust complaints against the Rock and Rail Site but have been well documented to be coming from CR 56. To date, there has not appeared to be any remedial efforts taken to mitigate this issue. As noted by both Staff and the Planning Commission, County Road 56 is undersized, in disrepair and not adequate for industrial traffic. In contrast, Gerrard and Martin Marietta were required to make substantial improvements to County Road 13 including paving, road widening and intersection and rail crossing upgrades. Ironically, J&K Investment's Application lists the following in their Traffic Impact Statement as a reason to grant approval of their rezoning request; "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", all of which were required for the Gerrard and Rock and Rail sites. To my knowledge, no improvements to CR13, CR56, either railroad crossing on CR13 or CR56, nor any intersection requirements have been required for these properties. It is for these reasons that I respectfully request that the Commissioners maintain the recommendation by Staff and Planning Commission that an Improvements Agreement be a condition of approval for each of these change of zone requests and that these Improvement Agreements adequately address the traffic impacts to CR 56 including dust, CR13, railroad crossings and intersections. At a minimum and to be consistent with what has been required of the surrounding developing properties, these Agreements should require that CR56 be paved. Respectfully, Nathan Gerrard Gerrard Investments, LLC 2 EXHIBT COZ2I-0010 Change of Zone Applicant: R.H. Amen Farms, LLC c/o AGPROfessionals, LLC 3050 67th Ave Greeley, CO 80634 M. AGPROfessionals Request • Change of Zone: • From A (Agricultural) to 1-3 (Industrial) • Parcel 1: +/- 49 -acre property located south of U .S. Highway 34 and southwest of the WCR 15 & WCR 56 intersection • Parcel 2: +1- 37 -acre property located south of U .S. Highway 34 and southwest of the WCR 15 & WCR 56 intersection • Parcel 3: +/- 63.5 -acre property located south of U .S. Highway 34 and southwest of the WCR 15 & WCR 56 intersection AGPRg� Ofessi�onals .. AGPROG �onals Subject Parcel #2 IM=AGPR�� Ofessionals � Applicant Obligations Sec. 23-2-50. Change of Zone Consistent with: 1. Chapter 22 — Comprehensive Plan 2. Compatible with existing surrounding uses and future development 3. Adequate utilities 4. Construction limitations 5. Adequate road and/or highway facilities 6. Complies with Article V — Overlay Districts •� AGPRO: onaas consistency with the Comprehensive Plan Sec. 22-2-10. Guiding principles. • C. Promoting Economic Growth and Stability. Land use policies have a significant impact on economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on this plan shall be consistent and promote fiscally responsible growth. • Sec. 22-2-30. — Land use goals and objectives. • C. Harmonize development with surrounding land uses. • Sec. 22-2-40. -- Economic development goals and objectives. • A. Support compatible economic development opportunities. �� AGPROfessionals �� 1A_GPROf oonals Compatible with Existinc and Future Development Weld County's Comprehensive Plan fr Legend LJ'rre a Er:,^�ar'ti C her Scurda-1, I,'u1i ic( C� mar' !"+: ersl ate h gh:.3) Co 'i:y^ e.3i. - C C ie: T r -3— P -cais Fr c,''sr3 :s Res ertla .. crs''a ^'t5 C.CJ1!' ..w r"ri.iY ty C"es s -1 'nexa::cr ✓.-rear-'.on!,rtar 'y. Sl,zI IMO P.urdl District & Services • Little Thompson Water District • Sites hve existing LTWD water taps • Septic System • No existing • School District • Johnstown — Milliken RE -5(J) • Fire District • Front Range Fire Rescue Fire Protection District ME AGPROG`_. Ronals Construction Limitations • Geotechnical review • NO moderate or severe soil limitations for construction • Site can support lightly to moderately loaded industrial structures • Mineral resources • No economically recoverable gravel resources imm AGPROfessionals DEVELOPERS OF AGRICULTURE 1. CR 5o ROW CR 56 60' SECTION LINE ROW 1889, BK 86, PG 237 CR 56 WC SURVEYOR ROW RECORD 60' ROW, NO DATE/BK/PG/RECPTION NO. ;;AGPROfessionals DEVELOPERS OF AGRICULTURE Overlay Districts • Not located in a Flood Plain • No Geologic Hazard • No Airport Overlay District AGPROf ionals heferraIs, Conditions, development Standards • Change of Zone materials reviewed, approved, conditioned A,F9itl.,91fc.ITuirrals Applicant Obligations Sec. 23-2-50. Change of Zone Consistent with: ✓ 1.Chapter 22 — Comprehensive Plan ✓ 2. Compatible with Existing Surrounding Uses and Future Development ✓ 3. Adequate Utilities Ni 4. Construction Limitations ✓ 5. Adequate Road and/or Highway Facilities ✓ 6. Complies with Article V — Overlay Districts ;; AGPRgOG ionals EXHIBIT 4768711 Pages: 1 of 2 10/22/2021 01:22 PM R Fee:$18.00 D Fee.$0.00 Carly Koopes, Clerk and Recorder: Weld County , CO tilt N M ritl,' lL° r; I i Bill � F oo1O QUITCLAIM DEED n THIS DEED, dated V 1e.'( 2 i , 2021, between, R.H. Amen Farms, LLC, whose legal address is 26547 County Road 15, Johnstown, CO 80534, of the County of Weld and State of Colorado, grantor(s), and R.H. Amen Farms, LLC, whose legal address is 26547 County Road 15, Johnstown, CO 80534, of the County of Weld and State of Colorado grantee(s). WITNESS, that the grantor(s), for good and valuable consideration, the receipt and sufficiency of this is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the grantee(s), heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: See "Exhibit A" attached hereto and incorporated herein. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s) heirs and assigns forever. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. GRANTOR(S): David Wailes for R.H. Amen Farms, LLC STATE OF COLORADO } } ss. County of Weld } The foregoing instrument was acknowledged before me this by I vii1vi VIAl� C. S Jodi L. Reed Notary Public State of Colorado Notary ID 20024037286 My Inrnmissiors EK sires 01115/2023 day of Oil t01 0 -C 1 , 20j Witness my hand and official seal. r 1 My commission expires: seal./ --/5--A3 y� Page 1 of 1 Notary Public 4768711 Pages: 2 of 2 10/22/2021 01:22 PM R Fee. $18.00 D Fee:$0.00 Carly KOPP tl. Clerk end Reuordar, Weld County , CO "I iti'IV Kg Yktt��I III EXHIBIT "A" LEGAL DESCRIPTION: BEING PART OF THE EAST 1/2 OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. BASIS OF BEARING: ASSUMING THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST AS BEARING SOUTH 00°10'01" EAST BETWEEN EAST QUARTER CORNER STAMPED LS 30462 AND THE SOUTHEAST SECTION CORNER STAMPED LS 12374, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. THENCE ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, SOUTH 00°10'01" EAST FOR A DISTANCE OF 569.91 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD AND ALSO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EAST LINE OF SAID SECTION 19, SOUTH 00°10'01" EAST FOR A DISTANCE OF 728.58 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE WESTERN RAILWAY CO. RAILROAD; THENCE DEPARTING THE EAST LINE OF SAID SECTION 19 AND FOLLOWING THE NORTHERLY RIGHT- OF-WAY OF THE WESTERN RAILWAY CO. RAILROAD, NORTH 49°27'38" WEST FOR A DISTANCE OF 2367.13 FEET TO A POINT ON THE EASTERLY LOT LINE OF LOT A OF RECX15-0078; THENCE ALONG THE EASTERLY LOT LINE OF LOT A OF RECX15-0078, NORTH 00°51'20" WEST FOR A DISTANCE OF 1100.95 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD, SOUTH 43°29'56" EAST FOR A DISTANCE OF 2634.21 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 37.56 ACRES. TYLER S. DREMAN, P.L.S. 38729 PREPARED FOR AND ON BEHALF OF AGPROFESSIONALS Hello