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Home My WebLink About20153552.tiff MEMORANDUM is , , , TO: Diana Aungst DATE: 6/10/15 tut\ J ! FROM: Wayne Howard, P. E. , Development Engineer SUBJECT: COZ15-0001 , Weld 34 LV General Project Information : Applicant is requesting change of zone from Ag to 1-2 Industrial . Parcel 095718200039 Location: CR 13 south of US 34 ADT: The latest count on CR 13 taken on 11 /6/13 was 689 vpd with 22% trucks PUBLIC WORKS DEPARTMENT ROADS AND RIGHT OF WAY: County Road 13 is a paved roadway and is designated on the Weld County Road Classification Plan as an arterial road , which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated . All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. MS4 AREA: This site is not in a defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized area with state mandated , higher water quality requirements An Access Permit application was submitted with the application materials. Public Works will review the application and provide an access permit and permit number if approved. Questions concerning access requirements can be directed to Public Works access permit division . GEOLOGIC HAZARD AREA: O This site is NOT in a Geologic Hazard Area. . FLOODPLAIN : CI This site is NOT in a floodplain. CONDITIONS OF APPROVAL: Prior to recording the plat: The map shall be amended to delineate the following: A. County Road 13 is a paved road and is designated on the Weld County Road Classification plan as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall verify and delineate on the map the future and existing right-of-way. If the existing right of way cannot be verified it shall be dedicated . All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Planning- Engineering) B. The applicant shall indicate specifically on the plat any right of way and/or easements and indicate whether they are dedicated , private, or deeded and label with recorded document, book and page and/or reception number to provide adequate access to the parcel. C. Show and label the approved access(es) and access permit number(s) on the plat. (Department of Public Works) DEVELOPMENT STANDARDS 1 . Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II , of the Weld County Code. 2. The historical flow patterns and runoff amounts will be maintained on the site. The above notes are provided as a courtesy to the applicant. While we strive to help identify as many potential issues upfront during the pre application meeting we cannot anticipate every issue that may come up during the formal application process. The information contained herein has been placed on file with the Department of Planning Services. The pre-application is valid for a period of one (1) year from the date of pre-application. If a formal application is not received following the time period specified herein the Planning Department reserves the right to require a new pre-application meeting. Please note that all land use, building and impact fees are subject to change throughout this time period. \ 1s61 � 04.) Memorandum 11 .1,,T .... , TO : Diana Aungst, W .C. Planning U [ N T Y DATE : June 15 , 2015 GO -T. FROM : Lauren Light, W . C. Department of Public Health and Environment CASE NO . : COZ15-0001 NAME : Weld 34 , LLC Environmental Health Services has reviewed this proposal to rezone 62 . 94 acres from the A (Agricultural ) Zone District to the 1-2 ( Industrial ) Zone District. The City of Greeley will provide water and an on-site wastewater treatment system will provide sewage disposal . The application states water will be provided by the City of Greeley but no information was included in the application from Greeley. The Division recommends a will-serve letter from the City of Greeley is received prior to recording the plat. A septic permit for the existing farm house was not submitted with the application and a permit was not located on the County computer sytstem . Once a site plan review is submitted , this Division will require specific items such as ; dust and waste handling procedures and an air emission permit depending on the land use . If approval is granted , the Division recommends the following conditions: Prior to recording the plat: 1 . Submit documentation from the City of Greeley indicating that water service is available. 2 . All septic systems located on the property shall have appropriate documentation from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the existing residence. Any existing septic system which is not currently documented/permitted through the Weld County Department of Public Health & Environment will require a Statement of Existing Evaluation prior to the issuance of the required documentation/permit. In the event the system is found to be inadequate, the system must be brought into compliance with current OWTS regulations. The following should appear as notes on the change of zone and final plats: 1 . Water service shall be obtained from the City of Greeley. 2 . The parcels are not served by a municipal sanitary sewer system . Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction , repair, replacement, or modification of the system . 3 . Language for the preservation and/or protection of the absorption field shall be placed on the plat. The note shall state ; Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed . 4 . During development of the site , all land disturbances shall be conducted so that nuisance conditions are not created . If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted . 5 . If land development creates more than a 25-acre contiguous disturbance , or exceeds 6 months in duration , the responsible party shall prepare a fugitive dust control plan , submit an air pollution emissions notice , and apply for a permit from the Colorado Department of Public Health and Environment. 6 . Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. 8 . A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area . Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www. cdphe .state . co . us/wq/PermitsUnit for more information . 1861 � Memorandum Ltrisfl?NN. TO : Diana Aungst, W .C . Planning G u N T Y DATE : June 15 , 2015 updated October 6 , 2015 - FROM : Lauren Light, W .C. Department of Public Health and Environment CASE NO . : COZ15-0001 NAME : Weld 34 , LLC Environmental Health Services has reviewed this proposal to rezone 62 .94 acres from the A (Agricultural ) Zone District to the 1-2 ( Industrial ) Zone District. The City of Greeley will provide water and an on-site wastewater treatment system will provide sewage disposal . The application states water will be provided by the City of Greeley or Little Thompson Water District but will serve letters were not included in the application . The Division recommends a will-serve letter from both entities is received prior to recording the plat. A septic permit for the existing farm house was not submitted with the application and a permit was not located on the County computer system . Once a site plan review is submitted , this Division will require specific items such as; dust and waste handling procedures and an air emission permit depending on the land use . If approval is granted , the Division recommends the following conditions : Prior to recording the plat: 1 . Submit documentation from the City of Greeley and Little Thompson Water District indicating that water service is available. 2 . All septic systems located on the property shall have appropriate documentation from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the existing residence . Any existing septic system which is not currently documented/permitted through the Weld County Department of Public Health & Environment will require a Statement of Existing Evaluation prior to the issuance of the required documentation/permit. In the event the system is found to be inadequate , the system must be brought into compliance with current OWTS regulations . The following should appear as notes on the change of zone and final plats : 1 . Water service shall be obtained from the City of Greeley or Little Thompson Water District. 2 . The parcels are not served by a municipal sanitary sewer system . Sewage disposal shall be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction , repair, replacement, or modification of the system . 3 . Language for the preservation and/or protection of the absorption field shall be placed on the plat. The note shall state ; Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed . 4 . During development of the site , all land disturbances shall be conducted so that nuisance conditions are not created . If dust emissions create nuisance conditions , at the request of the Weld County Health Department, a fugitive dust control plan must be submitted . 5 . If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration , the responsible party shall prepare a fugitive dust control plan , submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 6 . Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. 8 . A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area . Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www. cdphe . state. co . us/wq/PermitsUnit for more information . StipmittytEmail:...:.:..:.:... Weld County Referral , „, T� aj „. J{ SS x i 1 F eJ:S a- J qS i:: Z tr 41/4 s2 May 18, 2015 The Weld County Department of Planning Services has received the following item for review: Applicant: Weld 34, LLC, do EnviroTech Services Case Number: COZ15-0001 Please Reply By: June 15, 2015 Planner: Diana Aungst Project: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-2 (INDUSTRIAL) ZONE DISTRICT Location: South of and adjacent to US HWY 34 and east of and adjacent to CR 13 Parcel Number 095718200052-R6777070 Legal: PART NW4 SECTION 18, T5N, R67W LOT B REC EXEMPT RE-4866 of the fith P.M., Weld County, Colorado. Parcel Number 095718200039-R1227796 Legal: N2 NW4 SECTION 18, T5N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: 11 We have reviewed the request and find no conflicts with our interests. fril See attached letter. Signature 4jrc----cNDate 6/12/2015 9 Agency City of Greeley Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax ( :in cat G/ Colorado Via Email June 12, 2015 Ms. Diana Aungst, Weld County Planner Weld County Planning Department 1555 N. 17th Ave Greeley, Colorado 80631 Subject: Rezoning proposal (COZ 15-0001 , Agricultural to I-2) Dear Ms. Aungst and Members of the Weld County Planning Commission: We thank you for the opportunity to review and comment on this rezoning proposal, which has the potential to establish the character of land uses in this, the pre-gateway corridor of Windsor and Greeley. Of note is the range of uses allowed by I-2 zoning that would be inconsistent with the vision of a gateway corridor. I-2 zoning allows for commercial junkyards, coal gasification facilities, heavy manufacturing and processing, correctional facilities, and distilleries, as some of the more potential uses of concern. Please also note that the potential exists that many of the uses allowed within I-2 — heavy industrial uses, an activity center, or concentrated rail switching — could exacerbate already difficult traffic conditions along Highway 34, a critical transportation corridor for Greeley and Windsor. We hope that these technical matters are carefully considered as a real implication of any rezoning. The proposed rezoning could establish intense industrial uses in a sensitive location with various competing interests. It is important to consider — and, ideally, master plan — this area in a collaborative manner due to the proximity of this site to three municipalities, an established unincorporated neighborhood, large swaths of productive agricultural land, and major regional transportation systems. In 2008, the City of Greeley and the Town of Windsor entered into an amended intergovernmental agreement (IGA) that identified a defined Cooperative Planning, Land Use and Utility Area (CLUA) as a means to attempt to identify and support a land use pattern for the US Highway 34 corridor that would be consistent with the jurisdictions' visions and infrastructure planned and existing in the area. (See enclosure.) Community Development-Planning Division • 1100 10th Street, Ste. 202, Greeley, CO 80631 • (970) 350-9780 Fax (970) 350-9800 A City Achieving Community Excellence The CLUA outlines supported uses and desired site characteristics within a Principal Employment Corridor and a Secondary Corridor Area. The Principal Employment Corridor is along the US Highway 34 corridor at a width of one-half mile on each side and envisions uses such as community separators, business parks, and select industrial uses. Heavy industry and outdoor storage, particularly directly along the highway, are discouraged unless they are incidental and completely screened. The proposed rezoning to I-2 Industrial is proposed within this Principal Employment Corridor Area. We urge careful consideration for the proposed use and its regional impact, particularly concerning future land use patterns for the area and along Highway 34. You are aware of the decades of discussion about preserving the unique identities of the Northern Colorado communities, with community buffers that allow cities and towns to maintain their character and thereby contributing to a larger regional economy. With the proposed scale and location, this proposal may frustrate that vision, or at least contribute to the beginnings of a land use pattern with significant impacts to the gateway into the City of Greeley and Town of Windsor. Broadly speaking, a master regional plan for the area, with a collaboration of Weld County, neighboring landowners, nearby towns, and Greeley/Windsor could more comprehensively address issues of traffic, compatibility, and the character of entryway corridors. While a regional, collaborative vision for this area is preferred, should the proposed rezoning be approved, the City of Greeley would respectfully request that the following items be addressed in any conditions of approval: 1) Earthen berms and substantial landscape buffers should be incorporated into plans to screen views of industrial uses from U.S. 34. 2) Light sources should be concealed or shielded so as to minimize uplight, spill-light, glare and unnecessary diffusion on neighboring properties. 3) Plans for rail switching and infrastructure improvements that mitigate impacts to traffic flow on U.S. 34, particularly during peak traffic periods, should be required and then reviewed by the County and CDOT, and approved and installed prior to any operations beginning on the site. We thank you for the opportunity to review this proposal, and welcome any additional discussion you would like to initiate with us and the Town of Windsor. Thank you for your careful consideration. Sincerely, Brad Mueller, Community Development Director Enclosure: Windsor-Greeley Intergovernmental Agreement (First Amendment, dated 5/23/2008) Pc: Scott Ballstadt, Director Windsor Planning Department 2 CITY OF GREELEY, COLORADO RESOLUTION 31 , 2008 RESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE JULY 21, 2004 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF WINDSOR AND THE CITY OF GREELEY CONCERNING COOPERATIVE PLANNING, ANNEXATION, LAND USE AND UTILITY SERVICES WHEREAS, on July 21, 2004, the City of Greeley and Town of Windsor (the "parties") entered into an Intergovernmental Agreement to participate in joint cooperation planning efforts relative to annexation, land used and the provision of utility services within the U.S. Highway 34 and Colorado Highway 257 Corridors therein referred to as Principal and Secondary Corridors; and WHEREAS, subsequent to the adoption of that Intergovernmental Agreement and upon further analysis and consideration, the parties agree that the previous designation of Colorado Highway 257 Corridor as a Principal and Secondary Corridor is no longer necessary or appropriate; and WHEREAS, upon further review the parties also agree that the Intergovernmental Agreement and should be amended to allow development proposals along the U.S. Highway 34 Corridor to be governed relative to design and site improvements under standards in place for the jurisdiction within which the use is located; and, WHEREAS, the parties further desire to set forth mutually agreed upon municipal growth boundaries in the area located immediately south of State Highway 392 in the vicinity of Weld County Rd 23 in order to facilitate long range planning of infrastructure and to offer guidance to land development to property owners within and adjacent to that area. NOW, THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL AS FOLLOWS: 1 . The City Council hereby authorizes the Mayor to execute the First Amendment to the July 21 , 2004 Intergovernmental Agreement by and between the City of Greeley and the Town of Windsor attached hereto as Exhibit A and incorporated herein by reference. 2. This Resolution shall become effective immediately upon its passage, as provided by the Greeley City Charter. PASSED AND ADOPT ED, SIGNED, APPROVED AND IN EFFECT THIS 6th day of ��,: , 2008. ,. Of_I 't "' i`j GREELEY, COLORADO r ' 1O/.1. 4',‘ I : , , • \ i eft Lk i A - ar►, r i i 1i,1/ 4,/ By: li' , tt k /' „ Mayor "14,:?$Nu ' `\ 415taitt ' 'that, ArTV, 1111111 11111 D lls 11111IIIIl1III1111111111111111111till 3556256 05/23/2008 02:46P Weld County, CO 1 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF GREELEY AND TOWN OF WINDSOR THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT is made this 1, Dv day of M , 2008, by and between THE CITY OF GREELEY, Colorado, a home rule municipality Greele " and THE TOWN OF WINDSOR, Colorado, a home rule p tY ("Greeley")) municipality ("Windsor") establishing the terms and conditions for land use site and building standards and utility services with a Cooperative Planning, Land Use and Utility Area. The parties hereto, when referring to both, may also be referred to hereinafter as the municipalities or the parties. WHEREAS, Greeley and Windsor entered into an Intergovernmental Agreement in June 2001 , for the purpose of preparing a development plan for US Hwy 34 between WCR 13 (county line) and SH 257, and along SH 257 between the corporate limits of each community; and WHEREAS, the Development Plan was completed and has been accepted by the Greeley City Council and Windsor Town Board; and WHEREAS, the implementation of the plan requires cooperation and coordination between the municipalities for the provision of various municipal services such as utilities, planning/land use, transportation, parks/recreation/open space and public safety; and WHEREAS, the adopted Plan envisions future intergovernmental agreements which will outline the specific procedures to provide the necessary services to implement the Development Plan; and WHEREAS, the municipalities desire an agreement for planning, land use and utility services; and WHEREAS, the parties approved an Agreement dated August 9, 2004 regarding the terms and conditions for such planning, land use and utility purposes, and WHEREAS, certain amendments to that Agreement are now deemed to be in the best interests of the citizens of Greeley and Windsor to further this cooperative community planning process. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES HEREAFTER SET FORTH, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1 . Cooperative Land Use, Annexation and Utility Area. The Cooperative Planning, Land Use and Utility Area ("CLUA")) consisting of a Principal employment corridor area and a secondary corridor area is hereby amended and described as follows: I 111111 11111 111111 11111 111111 111 1111111 iii 111111111 11 l l 3556256 05123/2008 02:46P Weld County, CO 2 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder (a) Principal Employment Corridor. Principal Employment Corridor includes all land depicted on Exhibit A and described on Exhibit B, attached hereto and incorporated herein by reference, and is generally described as that area one-half mile north and south of US Hwy 34 between SH 257 and WCR 13 (County Line Road). The distances are measured from the right-of-way lines of the affected roads and highways on the same side as the area stated above. (b) Secondary Corridor Area. There is hereby established a Secondary Corridor Area which includes all lands depicted on Exhibit A and described on Exhibit B, which is attached hereto and incorporated herein by reference and is generally described as that area extended one-half mile from the principal employment corridor areas, outer boundaries north and south of US Hwy 34. 2. CLUA Land Uses. Within the CLUA, the parties agree that the land uses are prioritized as follows: (a) The Principal Employment Corridor is primarily for employment, industrial park and other uses as defined, conditioned and limited by Section I. A of Exhibit B, attached hereto and incorporated herein by this reference. (b) The Secondary Corridor Area is primarily for residential, neighborhood, commercial and their related uses as defined, conditioned and limited by Section I, B. of Exhibit B, attached hereto and incorporated herein by reference. 3 . Land Use, Site and Building Standards for CLUA. Road Improvements and Maintenance Master Costs. (a) The land use, site and building standards for both areas of the CLUA are described on Exhibit B attached hereto and incorporated herein by reference. Access to Weld County Road 17 (WCR 17) shall be in accordance with locations agreed to by the parties on Exhibit E, attached hereto and incorporated herein by this reference. Access to US Hwy 34 shall be as approved by the Colorado Department of Transportation. (b) The parties agree that they shall equally share the costs of any and all general improvements to WCR 17 north of US Hwy 34 to WCR 60. The party intending to make general improvements on the above stated roadway shall give the other party 180 days notice prior to the commencement of construction of the general improvements to the roadway. The party receiving notice of said improvements and/or maintenance shall provide comment as to the nature and timing of general improvement along with its prospective cost to that party. The parties agree that the jurisdiction which has annexed the affected road shall perform general improvements 2 1111111 1111111111111111111111 III 1111111 III 11111 III IIIII 3556256 05/23/2008 02:46P Weld County, CO 3 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder a in accordance with its ordinances, rules and regulations; and further that each party shall pay its one-half of the total cost of the general improvements within thirty (30) days after invoice of the same, subject to annual appropriation. The parties agree that each party shall use its best efforts to budget and/or appropriate sufficient sums to defray the costs of its expense for construction of the general improvements of the road stated herein. Any roadway improvements that are deemed to be in addition to customary and general road maintenance such as, but not limited to, the addition of medians, traffic control devices and like improvements must first be agreed to in writing by both parties prior to their installation. (c) The parties agree that the parties shall equally share the costs of any and all maintenance for WCR 17 north of US Hwy 34 to WCR 60. Windsor shall perform the annual maintenance and Greeley shall pay Windsor one-half (% ) of the cost of such annual maintenance. The parties agree that they shall meet and agree as to the nature, extent and maximum cost for annual maintenance of the road on or before July 1 of each year to provide sufficient time to budget necessary funds for the succeeding calendar year. (d) The parties agree that the intersection of WCR 17 and US Hwy 34 may require an improved road interchange in the future, and as such, the parties agree to negotiate in good faith with each other and CDOT to determine the land areas to be reserved/dedicated; the nature and type of interchange improvement; and any and all costs for construction for the same. 4. Required Notice for Development. . For both areas within the CLUA each party shall notify the other of all intended development, redevelopment, or variances, within said area no later than four (4) weeks prior to the initial official consideration of the land use matter by the municipality reviewing the intended development. All notifications shall be provided to the other party in writing and shall include a brief written description of the development proposal and accompanying vicinity, any development maps and graphics for review and comment by the receiving party. The receiving party shall renew the documentation provided and shall respond in writing to the other party with its comments regarding the proposed development. Each party agrees that it shall use its best efforts to make and receive comments through timely communications. The parties expressly agree that all such information, documentation and communication is a courtesy exchange of information and any negligent oversight of any referral or project for comment shall not require the delay of hearings or decisions on any land use or related case by the approval authority of either Greeley or Windsor. However, when making a land use decision, the approval authority of the affected municipality hereby agrees that it may not approve any land use in contravention to those uses stated in Exhibit B, without the prior written consent of the other party. Each party shall provide the other party, in writing, a single point of contact for the transmission of all communications and documentations contemplated and described in this paragraph. 3 11111111111 111111 11111 1111111111111111 H1111111111111 3556256 05/23/2008 02:46P Weld County, CO 4 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder 5. Annexation (a) Greeley shall have exclusive authority to exercise its annexation powers and, subject to paragraphs 4 and 5, to provide all urban services within the CLUA for those areas identified as the "Greeley Annexation Area" on Exhibit C, attached hereto and incorporated herein by this reference. (b) Windsor shall have exclusive authority to exercise its annexation powers and subject to paragraphs 4 and 5 to provide all urban services within the CLUA for those areas identified as the "Windsor Annexation Area" on Exhibit C. (c) Both parties specifically agree that upon the receipt or preparation by either party of any documents proposing annexation within the CLUA, copies of all such documents shall be submitted to the other party for review and comment at least thirty (30) days prior to initial action thereon. (d) The parties specifically agree that in the event either of them has extended and/or agreed to any financial or other incentives in connection with a proposed annexation within the CLUA, that the contents and specifics of such financial or other incentives shall be submitted to the other party. (e) The parties specifically agree that Greeley retains and Windsor shall honor any and all contract rights of first refusal for the purchase of water upon any properties within the Principal or Secondary Areas which are subject to such rights under the Greeley Loveland Irrigation Company (GLIC) Shareholders Agreement, regardless of whether or not those properties are annexed by Windsor. A map generally depicting the land area subject to the GLIC Shareholders Agreements is shown on Exhibit D, attached hereto and incorporated herein by this reference. (f) Any property annexed by Windsor which ultimately is developed for commercial purposes and which commercial business is partially or wholly located upon a property currently or formerly subject to a GLIC Shareholders Agreement shall be subject to sales and food tax revenue sharing between Greeley and Windsor. Windsor shall remit to Greeley, on a monthly basis, 40% of the gross sales and food tax revenue received by Windsor from all sources upon property stated in this subparagraph (f). The parties specifically agree that this revenue sharing agreement is authorized pursuant to Colorado Revised Statutes 29-20- 105(2)(b) and is perpetual in nature and survives any termination of this Agreement, with said land area subject to the GLIC Shareholders Agreements shown on said Exhibit D. 4 1111111111111111111111111111 III 1111111 III 11111 I I I 11111 3556256 05/23/2008 02:46P Weld County, CO 5 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder 1 (g) The terms of this Agreement shall not be construed as to require Windsor or Greeley to annex property in their respective annexation and growth boundaries. (h) If either Greeley or Windsor is presented a petition for annexation of land located in the agreed upon annexation and growth boundary of the other municipality, they each shall direct the petitioner to the community within which the land is planned for annexation and service in accordance with this Agreement. Only upon the written denial of the proposed annexation petition by the community within which the petitioning land is identified for annexation may the other municipality consider any such annexation, and then only upon the written amendment of this Agreement. (i) Windsor shall submit a petition to the North Front Range Regional Planning Council to exclude the Properties from Greeley's 208 Waste Water Planning Area ("208 Planning Area") and include the Properties in Windsor's 208 Planning Area. 6. Water Service within the Cooperative Land Use, Annexation and Utility Area. (a) Water service for Windsor properties within the CLUA shall be provided by Windsor in accordance with the existing Windsor-Greeley Intergovernmental Agreement for Treated Water Service (dated January 4, 1996), as amended from time to time by the parties. (b) To provide all potable water service to the CLUA, a sufficiently-sized transmission line carrying Zone 4 pressure will be required upstream of a Windsor master meter from Greeley's Zone 4 pump station to the west along US Hwy 34. The cost of the transmission main upstream of the Windsor master meter shall .be borne by the municipality or private entity requiring the service in accordance with the annexing municipality's determination. It is anticipated that the annexing municipality will require one or more developers to construct the transmission main upstream of the Windsor master meter. Such municipality may thereafter choose to afford such developer or developers an opportunity to enter into a reimbursement agreement providing for reimbursement when subsequent properties develop and benefit from the main. It is also likely that certain of such properties will not be located in the municipality that caused the main to be constructed in the first instance. Both parties agree that if reimbursement is requested and approved by the municipality constructing the main, the other municipality will enforce the terms of any such reimbursement agreement for properties developing in that municipality and benefiting from the main. 5 i I IlillI 11111 1 11111 IIIII IIiIII III 1111ll1 Iii 11111 11111111 3556256 05/23/2008 02:46P Weld County, CO 6 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder . ; 7. Sewer Service within the Cooperative Land Use Annexation and Utility Areas. (a) General. Pursuant to the terms of this intergovernmental agreement, Greeley agrees to deliver sewage originating within the CLUA to the Windsor sewer system for treatment and Windsor agrees to provide treatment for such sewage. Greeley shall maintain, repair, replace, and rehabilitate the wastewater collection lines which are within its city limits. For purposes of Colorado water law, Windsor agrees that Greeley shall maintain dominion and control of water in sewage, originating within Greeley's city limits, and delivered by Greeley to the Windsor system for treatment such that Greeley may fully consume (by any means, such as its own municipal use, reuse, successive use, exchange, substitute supply, or by sale or lease to other entities) any re-useable effluent resulting from such treatment. Greeley agrees that a portion of water in sewage delivered to the Windsor system for treatment pursuant to the terms of this Agreement may be consumed prior to discharge due to treatment or evaporation and that Windsor does not guarantee that any specific percentage of the water in sewage delivered by Greeley will be discharged after treatment of Greeley's water rights throughout Windsor's system. The amount of re-useable effluent resulting from treatment shall be calculated in accordance with applicable decrees. (b) Points of Delivery. Sewage transmitted through Greeley's system delivered by Greeley to the Windsor system shall be delivered by Greeley to a terminal manhole(s) at or close to Greeley's city limits. The point(s) of delivery shall be mutually established and agreed upon in writing by both municipalities. Sewage metering station(s) will be established in the terminal manhole to assist in tracking the amount of sewage delivered to Windsor. (c) Payment of Plant Investment Fee and Measurement of Discharge. Greeley agrees to pay Windsor a plant investment fee (PIF) reflecting Greeley's acquisition of capacity in Windsor' s wastewater treatment facility. The PIF for additional capacity shall be annually established, based on the then current PIF in effect for Windsor residents. The plant investment fee shall not include any surcharge or additional payment for any lift stations required for Greeley to deliver sewage to Windsor because Greeley is responsible for such costs. As an example of the initial PIF calculation, currently the Windsor PIF is $2,600 per residential tap and the average residential winter water use, which is equivalent to sewer use, is 204 gallons per day per tap. Consequently, the current residential PIF is $ 12.75 per gallon per day. 6 111111111111111111 11111 1111111111111111111111111111 liii 3556256 05/2312008 0.00�Ste a Moreno ClWeld e k & Recorder, CO 7 of 19 R 96.00 Plant investment fees due from Greeley to Windsor shall be purchased in blocks of 100,000 gallons per day capacity, or other quantities as mutually agreed. Windsor shall regularly monitor the amount of wastewater received from Greeley at the points of delivery. Whenever the 30-day average flow from Greeley exceeds the capacity previously purchased by Greeley, Greeley shall purchase additional capacity within 90 days at the then current PIF. (d) Treatment Capacity. At such time as the existing Windsor wastewater treatment plant is using eighty percent (80%) of its capacity, or Windsor determines that the existing plant will soon be at or over eighty percent (80%) of its capacity, Windsor shall define the plant capacity that can be issued before the existing plant is using ninety percent (90%) of its capacity. The additional capacity shall be allocated seventy percent (70%) to Windsor and thirty percent (30%) to Greeley, unless the municipalities agree otherwise in writing. When the existing plant is using ninety percent (90%) of its capacity, or at any time that the Colorado Department of Public Health and Environment or other agency responsible for the discharge permit for the existing plant directs Windsor that additional sewer taps shall not be issued, Greeley agrees not to issue additional taps. Both municipalities agree to cooperate to anticipate the need to treat sewage produced within the CLUA and to plan for any expansion of the Windsor system to accommodate growth of demand within the CLUA. Windsor agrees to expand the Windsor system as necessary to accommodate growth of demand within the CLUA. Windsor shall make reasonable efforts to provide treatment capacity for Greeley's sewage, including expanding the existing plant when at ninety percent (90%) capacity and/or building a plant capable of meeting future discharge limits. Should Windsor fail to begin construction of such capacity when at ninety percent (90%) capacity, Greeley shall have the right to make alternative arrangements for any and all sewage treatment contemplated under this Agreement. Such option shall be in addition to any other remedy available under this Agreement. (e) Monthly User Fees. Charges for sewage treatment shall be paid by Greeley to Windsor. The rates for sewage treatment shall be consistent with rates charged to Windsor resident customers and calculated per hundred (100) cubic feet of wastewater discharge as measured at the flowmeter(s). The service rates shall be reviewed by Windsor annually and shall reflect Windsor's actual costs of Greeley's wastewater treatment and conveyance. Greeley shall use its best efforts to enforce its environmental standards, restrictions and limitations on all waste water discharge treated by Windsor. (0 Treatment of Other Sewage. Greeley and Windsor agree that it may be feasible and cost-effective for Windsor to treat sewage originating within portions of the City of Greeley that are outside the CLUA; however, nothing 7 111111111111111111 JJHI 111111 III 1111111 111 11111 11111111 3556256 05/2312008 02:46P Weld County, CO 8 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder in this agreement shall commit Windsor to treat such sewage and Greeley agrees that it will not deliver any sewage originating outside the CLUA to the Windsor system for treatment without the express written consent of Windsor that it will accept and treat such sewage. (g) Billings. Windsor will submit one invoice to Greeley monthly. Invoices shall be paid within thirty (30) days of receipt, after which time interest penalties shall begin to accrue at the rate of one percent per month, or fraction thereof, during the period in which the invoice remains unpaid. (h) Industrial Pretreatment. Greeley shall cooperate with Windsor to enforce Windsor's EPA-approved industrial pretreatment program to protect the Windsor's system from undesirable sewage discharge. (i) Discharge Permit. It is understood and agreed that Windsor shall be solely responsible for obtaining and complying with any discharge or other permit required for the operation of its sewage treatment plant, or any modifications thereto. 8. Release, Hold Harmless, Indemnification. Both Windsor and Greeley are public entities, as that term is defined pursuant to the Colorado Governmental Immunity Act, Colo. Rev. Stat. § 24- 10- 101 , et set,. The parties to this Agreement have the benefits and responsibilities enumerated in the Colorado Governmental Immunity Act. Each party shall defend any and all claims for injuries or damages pursuant to and in accordance with the requirements and limitations of the Colorado Governmental Immunity Act occurring as a result of negligent or intentional acts or omissions of the parties, their officers, agents, employees and assignees. In addition, Greeley shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of Greeley, its officers, employees, agents, and assignees performing functions or activities upon the property of Windsor. Greeley shall provide adequate workmen's compensation insurance for all of its employees, agents and assigns engaged in activities and functions upon the property of Windsor or Greeley. Windsor shall be responsible for any and all liability for injuries or damages caused by any negligent acts or omissions of Windsor, its officers, employees, agents, and assignees performing functions or activities upon the property of Greeley. Windsor shall provide adequate workmen's compensation insurance for all of its officers, employees, agents and assignees engaged in activities and functions upon the property of Greeley. Each party shall furnish the other party current certificates of insurance stating that the coverages outlined above are in full force and effect. 9. No Public Utilities Commission Control. Greeley, its employees and elected or appointed officials, agree neither to assert nor support any statement, policy, petition, rule making, or legislative attempt to place the Windsor's sewage treatment services system under the authority or jurisdiction of the Colorado Public Utilities Commission by virtue of this intergovernmental agreement or otherwise. 8 111111111111111111 IIIII 111111 III 1111111 III VIII 1111 iHI 3556256 05/23/2008 02:46P Weld County, CO fri '9 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder 10. No Third Party Beneficiary. It is expressly understood and agreed that the terms and the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, are strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right or cause of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that no person and/or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be deemed any more than an incidental beneficiary only. 11 . Non-Compliance. Notwithstanding any other provision in this Agreement, if either party fails to comply with the provisions of this Agreement, the other party, after providing written notification to the noncomplying party and upon the failure of the noncomplying party to achieve compliance within a reasonable time after such notice under the circumstances, or ninety (90) days, whichever is less, may refuse to provide and/or disconnect the water and sewer services stated in paragraphs 6 and 7 of this Agreement. Additionally, that party may maintain an action in a court of competent jurisdiction in Weld County for specific performance, injunctive, or other relief against the non-complying party. In the event of such litigation, the prevailing party shall be entitled to payment by the defaulting party, of its actual attorney=s fees and costs incurred. 12. Additions and Modifications. The parties hereto agree that they shall cooperate with one another and Weld County in making such additions and modifications to this Intergovernmental Agreement as may be necessary to effectuate its purposes. 13. Term and Termination. This Agreement shall remain in effect for a period of twenty (20) years from its effective date. Thereafter, it shall be automatically renewed for successive five (5) year terms unless at least five (5) years prior to the scheduled expiration, either party notifies the other party of its decision that the Agreement shall not be renewed. As noted in Paragraph 5(f), the revenue sharing agreement contained therein is perpetual in nature and survives any termination of this Agreement. 14. Colorado Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in Weld County. 15 . Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute waiver or a waiver of any subsequent breach of the same or another provision of this Agreement. • 1111111 11111 1111 II 1111 3556256 05/23/2008 02:461' Weld County, CO 10 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder . s 16. Notices. All notices or other communications hereunder shall be sufficiently given and shall be deemed given when personally delivered, or after the lapse of ten business days following mailing by certified mail, postage prepaid, addressed as follows: TO GREELEY: City of Greeley 1000 10th Street Greeley, Colorado 80631 ATTN: City Manager TO WINDSOR: Town of Windsor 301 Walnut Street Windsor, Colorado 80550 ATTN: Town Manager 17. Effect of Invalidity. If any portion of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the entirety of this Agreement. If any portion of any other paragraph of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, such invalidity or unenforceability shall not affect the other paragraphs of this Agreement, except that any corresponding right or obligation of the other party shall be deemed invalid. 18. Amendments. This Agreement may be amended in writing only by the mutual agreement of the governing bodies of the parties hereto. 19. Reliance by the Parties. Windsor and Greeley understand that each is relying upon all of the promises made by the other in this Agreement, and each agrees (i) not to assert to any court or other body the invalidity or unenforceability of any portion of this Agreement; (ii) to promptly notify the other party of any legal action which might affect this Agreement; (iii) to allow the other party to participate in such legal action as the other party deems appropriate; and (iv) to defend this Agreement in such legal action. • 10 I IlilU IIIII IIIIII 11111 111111 III 1111111 W 111111 III 1111 3556256 05/23/2008 02:46P Weld County, CO 11 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder IN WI_I'NESS WHERE0F, ,the parties hereto have executed this First Amendment to the Intergovernmental Agreement the day and year first written above. CITY OF GREELEY TOWN OF WINDSOR _ SIG_SBy: 1' ciag',...-1--,,,yoral t lei Iv. M. o8 r�'o :i: ''' ra ® R ATTEST: 1� 94;34IIIIS.o... --- -___, lr: S Ea i 8 ita 1; tal'u. \\ i„ tilt ' Ilk n_Ne teC1•ty �C e Town Cle ST: � APPROVED AS TO SU : S ANCE: By: � � By: ity a a : ` Tow nager APP ED AS TO . GAL ORM: \ -----, ' a By: 1 ,� By: City At / r Town Attorney AS TO AVAILABILITY OF FUNDS : By: Director of in ce 11 Exhibit A - Cooperative Land Use Annexation and Utility Areas (CLUA) . ym e N4 - County•Road•68 tl2 - ° ° Ir c5°' a IL u� .` ! //t f solrirri iI - CCjtState Hwy 392.;._- 3 � U � � .rr WalnuhSt � ��-P . - Th. ". .N---/- -- -c:.:C's- cu re 1 2 .--1--- 4.---: anin `° c t— L. ° Eastrn an-Park'or—F--- County Road'66-1-1- ! d.g ad road t c • (J LN CH I County•Road•64.3/4 2 Q N O N ra Windsor iCe O B • CC z 5 o U U • 1 Loveland I 2J `,�-_ I �s9 Buse�ess Sir Hi: 34 4. 1 \lb Johnstown U„ • , ec o /i „ cy vs_ .... . • . ._ . _ _ ._ . . , , , . ... ° I U m , c , .,, 2 j T .. , 7 0 , . , ,„ , , - '� - -3/ttl'S I - -- • State'Hw •402 c Co 'Road�54 ' Y �' a 7 \ N. . \) co ° S \ r_t I i o \ t I I t t t 1 t t t ill t if t t r t t It till t i 1 t i al 0 0.5 1 2 3 4 5 6 7 8 Miles .c,.,;/, � \S' Primary Cooperative Land Use Annexation and Utility Area : .,,,x C, Greeley / ' Secondary Cooperative Land Use Annexation and Utility Area Q County Line Rail Created; September 24th 2007 City Limits B\: City of Greeley. GIS Parcels Street Centerlines 12 HIED 11111 IIIIII VIII IIIIII III IIIIIII III IIIIII III IHI 3556256 05/23/2008 02 :46P Weld County, CO 12 of 19 R 96 .00 0 0 .00 Steve Moreno Clerk & Record e : 1111111 11111 11111111111 111111 1111111111111111111111 liii 3556256 05/23/2008 02:46P Weld County, CO 13 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit "B" US HWY 34 LAND USE, SITE AND • BUILDING STANDARDS The following land use and development standards are blended elements of the City of Greeley and Town of Windsor Development Codes and provide Overlay Development Standards for a portion of that area known as the "Strategic Employment Development Corridor (SEDC)" as described in the City of Greeley 2020 Comprehensive Plan west of State Hwy 257 (SH 257) as illustrated on the attached Exhibit A and hereinafter referred to as "Greeley/Windsor Employment Corridor (G/WEC)." I. LAND USE A. PRINCIPAL EMPLOYMENT CORRIDOR 1 . Physical Area Defined: The boundary of the principal G/WEC is '/2 mile north and south of the US Hwy 34 west of SH 257 and east of WCR 13 (County Line Road); 2. Allowed Land Uses: As described in the Comprehensive Planning documents for Greeley and Windsor the US Hwy 34 travel corridor is the preferred location for a mix of regional employment and community separator types of land uses. The principal land uses allowed in this corridor shall relate to principal employment functions, such as professional business park uses (e.g. "FIRE: Finance, Insurance, Real Estate"), light industrial and select medium industrial uses and special regional destination uses. Outside storage is not permitted in this area unless fully screened from all rights-of-way and adjacent non-industrially zoned lands, and where incidental clearly subordinate to the principal land use. The following land uses are considered principal uses in this corridor; further subject to the zoning district standards and review processes in the governing jurisdiction. * adult schools, e.g. college or university facility, trade or business school * amusement park * arena or auditorium * assembly * beverage processing * driving range * fabrication * farming * financial institution 13 1111111 1111111111111111111111 III 1111111 III 111111 HI 1111 3556256 05/23/2008 02:46P Weld County, CO • ' 14 of 19 R 96.00 0 0.00 Steve Moreno Clerk & Recorder * food processing (fully-enclosed facilities with no adverse environmental impacts) * golf course * greenhouse or nursery * hospital * kennels and animal care facilities * mail center * manufacturing (fully enclosed, light manufacturing activities) * medical supply * office * open space * publishing firms * quasi-public facilities (museum, fire & police, zoo, aquarium) * radio station * research/development lab * sports arena * stable * studios * television station * testing lab * theme park * transportation facilities (light rail stations and public transportation depots are permitted. Truck terminals and truck stops are prohibited) * veterinary clinics * warehouse * wholesale goods Other accessory and supportive land uses, such as restaurants, are allowed only if incidental to the principal land use and located within an established employment, business or industrial park setting. Retail operations representing "destination commercial" uses may be allowed on a case by case basis following the development referral process as described in this Exhibit and when mutually agreed upon by Greeley and Windsor in writing. B. SECONDARY CORRIDOR AREA 1 . Physical Area Defined: The boundary of the secondary G/WEC area begins '/2 mile back of the Principal Employment Corridor boundaries north and south of the US Hwy 34. 14 1 111111 11111 111111 11111 111111 III 111101111111111 III Ill! 3556256 05/23/2008 02:46P Weld County, CO 15 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder 2. Allowed Land Uses: Allowed land uses are those permitted within the annexing jurisdiction and may include residential, retail, restaurant, neighborhood commercial and other institutional uses as may be defined by the annexing jurisdiction. IL SITE DESIGN A. BUILDING ORIENTATION: All portions of buildings facing a right-of-way shall be designed and oriented to offer a "front door" level of design to the traveling public (criteria for architectural treatments defined in Section III, below). B. BUILDING AND STRUCTURE SETBACK: All buildings and other structures, such as parking lots, shall be setback at least 100' from US Hwy 34. Setbacks from other rights-of-way shall be in accord with the jurisdiction within which the site is located. C. LANDSCAPING: Landscaping and buffering shall be designed and approved in accordance with the landscaping requirements of the jurisdiction within which the site is located and shall be designed in such a way as to present a coordinated entryway treatment along US Hwy 34 and WCR 17. D. FENCING Fencing used as part of a landscape treatment shall be designed and approved in accordance with the fencing requirements associated with landscaping of the jurisdiction within which the site is located and shall be designed in such a way as to present a coordinated entryway treatment along US Hwy 34 and WCR 17. No chain link fencing shall be permitted within the principal corridor area. Any proposals for chain link fencing within the secondary corridor area ( 1 ) shall meet all any chain link fencing requirements of the jurisdiction within which the site is located, and (2) must be approved by the municipalities. E. VEHICULAR ACCCESS: Site access will be provided in limited locations from adjacent arterial roadways and provide inter-connectivity between internal and adjacent land uses. F. PARKING, LOADING, STORAGE: The location and design of parking, loading and storage operations shall be designed and approved in accordance with the parking, loading and storage requirements of the jurisdiction within which the site is located. 15 111111111111111111 11111111111 III 1111111 III 111111 III 1111 3556256 05123/2008 02:46P Weld County, CO • l 16 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder III. BUILDING DESIGN A. ARCHITECTURAL REVIEW STANDARDS: The design of all buildings and structures in the Principal Employment Corridor shall be designed and approved in accordance with the corridor architectural requirements of the jurisdiction within which the site is located. B. BUILDING HEIGHT: The heights of all buildings and other structures shall be designed and approved in accordance with the height requirements of the jurisdiction within which the site is located. C. SIGNS : Allowed signage shall be limited to wall or monument signs and shall be designed and approved in accordance with the sign regulations of the jurisdiction within which the site is located. Pole signs are prohibited. IV. DEVELOPMENT MANAGEMENT & REFERRAL SYSTEM The Overlay Character Zone standards for the G/WEC shall be administered by the jurisdiction within which the site is located. Greeley and Windsor shall employ a Development Referral System wherein any project proposed for a land use action including development, redevelopment, subdivision or variance is automatically referred to the other jurisdiction for review and comment in a manner as established herein 16 Exhibit C - Growth Management, Annexation and Cooperative Planning Area -. + '1J � ', Gounty•Road•68.1/2 -1 r • • 'I2. v Elb�� State•Hwyr392 LJ , JTHWYn . c" VII_>, t:.. ....;� ' • ,V , �, O C . disc �' «- ..�. i�► c.4 , N 1 a el3 rz is 0 iii.; er . -ii-. , . . .; -rtt. II s ral:_,F ' Ti rt _ Minn' Fi '� fit, . • 4 g port f N v I ' Z� 1 J is .Eastmr�,( _, C'and.SRel1 y ;' �' amPark•Or County Road 66 + Coun �� Ll/y fiL______ , dwNi 1 r-, N7N r ty Road 64'3/4��, ri Windsor L. L!, , . it . , ,,... , , 4 - O N �� , : 7i�1 it jr \T • U ? 7; ' _� tV , T- .. •. 'Clio. o ` � ` ,_. _ • . sies,. . ! I Alk``44, ihtli (-- - Love %. land 1Y'or __ , `�41 ` Business ra,, reire 34 4 .. __._ `1 r N1 : Greeley II 34 , , ,-- . 401. ASA ' ....- .......... , , „ a ilk Johnstownh. II,_,,,, lCALW4;;n1 1 ��, • . . 0: .is‘,., _ , ,.. ., k .it _,-,, _ . \isk\r- EN,...,, s is ,:.,, ,, ,.. N ., _. , . .J ,fliN%ks, 1\SLX ' INV 1 Vs- -O ,5 V. a -- t I.‘ 40,i .co ! IL State'Hwy'402 Neoucity.F2oad sa �� kolo . ;��.��NI„ 37th ST cc co t. •cr) I .\14 \ ..lith IL i 1 , —.... 1 . rH i i tip I ' SX. , , I. • --• bt'r . 1 L. htea , • i I t I i r i i i i t i i I t i r i t III 1 N 0 0.5 1 2 3 4 5 6 7 81 � .r ' Cooperative Planning Area Rail _ t o j a :_gin ,r o0 G r eelev - U Greeley Annexation Area Street Centerline G rZ Windsor Annexation Area J Parcels _ N N cc Created: January 15th 2008 _ C By: Greeley Planning, GIS City Limits a) County Line 17 M) o - LOS 111111111111111111 viii 111111 iii 1111111 iv 111111 iv 1111 3556256 05/23/2008 02:46P Weld County, CO 18 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder J. . . I, . I g w rni ;ircel,i SZ•Peob.kuno� I L,�- '!sr' -_•,.--- M1i41S6 - -/ sr _�� _; � d_-,.r� ii-SZ-Peoa ,LI. clunos_ .O z v)1 i` • d I - an. III e Valli nF/lPuZ0��`I` ( �r. 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GFff 0 to c o co SE P777 SEC-.8 P4D ILLECBIEt sc'X'F4 ;S`"�"ROW___ _`PINRANGE 'x - - f US HINY 34 it' `i�::�_fThi Exhibit E 1 ,...t • c ,.:= Weld County Road 17 Town of Windsor GIS C �.. .-^:ir t'of iY�aea?�iti �t 6-7-2004 Access Design ExhibitE.dwg PDF created with pdfFactory Pro trial version Amsw.pditactory corn 19 iL Submit by Email Weld County Referral Awn?. t i 'r;1► 1, _ rl c0 Orr Y May 18, 2015 The Weld County Department of Planning Services has received the following item for review: Applicant: Weld 34, LLC, do EnviroTech Services Case Number: COZ15-0001 Please Reply By: June 15, 2015 Planner: Diana Aungst Project: CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE 1-2 (INDUSTRIAL) ZONE DISTRICT Location: South of and adjacent to US HWY 34 and east of and adjacent to CR 13 Parcel Number: 095718200052-R6777070 Legal: PART NW4 SECTION 18, T5N , R67W LOT B REC EXEMPT RE-4866 of the 6th P.M . , Weld County, Colorado. Parcel Number: 095718200039-R1227796 Legal: N2 NW4 SECTION 18, T5N , R67W of the 6th P.M . , Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation . Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. [T We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: Please refer to Johnstown Council Resolution No. 2015-08; forwarded under sepan (� We have reviewed the request and find no conflicts with our interests. See attached letter. Signature John Franklin Date 7/24/15 Agency Town of Johnstown Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 353-6100 ext.3540 (970) 304-6498 fax TOWN OF JOHNSTOWN, COLORADO RESOLUTION NO. 2015-08 OPPOSING ENVIROTECH SERVICES' APPLICATION FOR CHANGE OF ZONE (WELD COUNTY CASE NUMBER: COZ15-0001) WHEREAS, EnviroTech Services submitted an application for a change of zone from A (Agricultural) to 1-2 (Industrial) for property owned by Weld 34, LLC, located south of and adjacent to U.S. Highway 34 and east of and adjacent to Weld County Road 13 ("Property"); and WHEREAS, the Weld County Department of Planning Services referred the matter to the Town of Johnstown (the "Town") for review and recommendation; and WHEREAS, the Town has adopted the "Johnstown Area Comprehensive Plan," a copy of which may be viewed at www.townotjohn.stown.com/DocumentCenter/Home/View/l92 ("Comprehensive Plan"); and WHEREAS, the Property is within the Growth Management Area contemplated in the Comprehensive Plan, an arca into which urban development and annexation is anticipated to occur in the future; and WHEREAS, the Town designated the Property for commercial use in the Comprehensive Plan; and WHEREAS, the proposed industrial use is inconsistent with the Comprehensive Plan; and WHEREAS, the Property abuts the existing Indianhead residential subdivision and is in close proximity to anticipated residential development within the current Town boundaries; and • WHEREAS, the proposed industrial uses would negatively impact the Indianhead residential subdivision by exposing the homes to industrial operations, forcing them to coexist with large, otherwise unplanned, industrial development and creating potential losses of property value, quiet enjoyment and quality of life; and l 1 WHEREAS, on a broader scale, the Town envisions growth along the U.S. Highway 34 corridor to include commercial, residential and mixed use development, consistent and harmonious with the current development; and WHEREAS, the proposed industrial use is not only inconsistent with the Town's vision of • the growth along the U.S . Highway 34, but has considerable potential to lead to an expanded and unplanned heavy industrial presence along the U.S. Highway 34 corridor; and WHEREAS, after careful review and consideration, the Town finds that the proposed change of zone, if permitted, would create undesirable and harmful consequences, inconsistent with the Town's long-range planning and inconsistent with the best growth and development along the U.S. Highway 34 corridor; and WHEREAS, the change of zone from A (Agricultural) to I-2 (Industrial) is not in the best interests of the Town or the citizens of the Town and surrounding areas. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF JOHNSTOWN, COLORADO, THAT: 1 . The Town Council opposes EnviroTech Services' application for change of zone from A (Agricultural) to I-2 (Industrial) for the Property. 2. The Town Council respectfully requests that Weld County deny EnviroTech, Services' application for change of zone. I - e GNED, APPROVED, AND ADOPTED this 6th day of July, 2015. ti , ............ d • '. 'r (� AT . is Q TOWN OF JOHNSTOWN, COLORADO ol? C? !� 1'‘..... ;kr u1, ..t'� r r.. &Zit By: '. --ifv- Ai Diana Seele, Town Clerk Mark Romanowski, Mayor • si r ! i REFERRAL for COZ15-0001 ENVIROTECH DEVELOPMENT June 01 , 2015 From: Reorganized Farmers Ditch Company P.O. Box 211 Windsor, Colorado 80550-211 Jim Croissant, President John Cummings, Vice President To: Weld County Commissioners c/o Diana Aungst, AICP, CFM Planner 11 Weld County Depaitinent of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Case #COZ 15-0001 Dear Commissioners: The application submitted by the applicant is extremely vague about the possible uses that may occur on the property under "Industrial Zoning". In that case the Reorganized Farmers Ditch Company (RFDC) would like to reserve the right to further comments once the applicant has decided on an end use for the property. Reorganized Farmers Ditch Company (RFDC or Farmers) was established in 1861 and has varies decreed water rights from the Big Thompson River. The ditch services irrigation needs of both conventional and organic farmers in both Larimer and Weld counties. RFDC has maintained the quality of their water by limiting stormwater runoff into the ditch from residential, commercial and industrial developments. The RDFC main ditch (concrete) crosses the entire proposed development property (COZ 15- 0001) west to east about mid-property. It has a 70 ft easement. There are five (5) head gates and four (4) lateral ditches that originate from the main ditch that could be impacted by the proposed development (see map) and the associate farms/agriculture ground that those laterals serve. Lateral #1 : delivers water along the eastside of Weld County Road 13 and parallels the west edge of the proposed development and takes water to farm ground south of the proposed development. Lateral #2 and #3 : delivers water to farm ground on the south side of the main. Lateral #4: delivers water along the eastside of the proposed development to farm ground on the south side of the development and back to lateral #1 . The following are concerns the RFDC has pertaining to the COZ15-0001 Development: 1. RFDC requests that the County require that an Agreement be entered into between RFDC and the applicant/property owners setting forth the provisions that are discussed in this letter. The execution and recording of this Agreement should be a condition of approval of this development by the County. 2. RFDC has a 70-foot easement for its ditch system across the property with 35 feet on each side of the ditch centerline. The current draft plat should be amended to show RFDC easement, head gates and lateral ditches correctly that are within this property. The plat should also show additional easement area for lateral ditches used to irrigate the development property and other farm property in the area. 3. Historic stormwater drainage from the proposed development would be minimal based on soil type and vegetation cover. The concern is that with this development, using the worst-case scenario under Industrial Zoning, there will be a substantial increase in imperious area, which will result in additional volume of stormwater generated from this site. The additional water flowing into the main ditch and laterals beyond historic levels will result in increased erosion, increased volume with sediment and a harmful effect on water quality. RFDC requests that the County require the applicant to address this issue and require the applicant to pipe stormwater that is above the historic volume to the Big Thompson River. As a note, the Miracle/Encore Property Development at the northwest corner of Weld County Road 13/Highway 34 has planned to pipe water that is in excess of historic volumes from its development to the Big Thompson River. 4. RFDC requests that the County require the applicant to address how they will protect ground water and irrigation water from the proposed development pollutants. This may require installation of impermeable geotextile membrane under the proposed development and a retention pond instead of a detention pond. 5. The enormity of this site and various activities that could be conducted onsite due to Industrial Zoning will generate highly contaminated runoff, i.e. oils, grease, sediment, salts, emission particles, silica and other products. Most of these will be in excess of those typically found in stormwater. RFDC requests that the County require the applicant to address this issue with a retention pond instead of a detention pond. In the case of a detention pond, it should be equipped with a release control value that will prevent water release for up to three (3) days following a storm event until an onsite analysis of the water quality can be preformed to determine if contaminates from the proposed development are reduced or eliminated. 6. RFDC requests that the County require the applicant not to build or install any structures, fences, or other obstructions within 35 ft of the center of the RDFC main ditch and lateral ditches so maintenance can be preformed. 7. RFDC requests that the County require the applicant to agree that all earth moving and landscaping shall be accomplished so that all return flow and waste water from irrigation will return to the historic point of discharge. 8. Using the worst-case scenario for Industrial zoning where rail spurs or heavy transport roads might be included in the development. RFDC concerns are that train and truck weight or repeated vibrations adjacent or across the ditch will cause structural damage; ditch failure and/or interruption of water delivery. Studies have shown that trains running past structures can actually make the earth around them move. Over time, rumbling vibrations from the passing trains can affect the structural integrity of the structure. RDFC requests that the County require the applicant to address this issue by conducting engineered tests or modeling the affects of the train vibrations would have on the structural integrity of RDFC concrete-ditch. If there are potential issues, require the applicant to mitigate the problem. 9. RFDC notifies the applicant and County that there may be subsurface waters that arise in the areas of this development and that there are periods of time when, due to water flowing within the ditch system and otherwise, that portions of the proposed development site receives significant amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this problem, the utility of certain portions of the site for construction of structures could potentially be unavailable. RFDC has no plans to alter its operation, to resolve this surface and subsurface water issue. 10. The land for the proposed development and surrounding agriculture lands are considered "prime farm land" under the Federal Farmland Protection Policy Act 1981 , I-25 Environmental Impact Statement and Weld County Comprehensive Plan. RDFC respects land owner rights, however, being a agriculture ditch company we do not see that this proposed development which reflects Weld County "industrial zoning" is compatible with surround agriculture uses and would not meet Weld County policy and goal for agriculture benefit. 11. Any modifications to the RFDC ditch, head gates and lateral ditches and DITCH CROSSINGS will require an agreement. There will also be an associated crossing fee to be paid to RFDC for any ditch crossing. 12. RFDC would like to reserve the right to further comments once the applicant has decided on an end use for the property. Map of RFDC Main Ditch and Laterals is below. John Cummings, Vice President Reorganized Farmers Ditch Company 970-333-7234 jxcummings@gmail.com REORGANIZED FARMERS DITCH COMPANY 05/ 11 /2015 REFERRAL FOR COZ15-0001 ENVIROTECH Red lines depict main ditch and laterals REORGANIZED FARMERS DITCH COMPANY SYSTEM AT ENVIROTECH DEVELOPMEN WELD COUNTY ROAD 13 I1/4•L r- - - " - - --= z - - -- - r - __ ` TNDIANNEAD SUIiDIVISIO 'u -' i 300 PLUS RESIDENTS HYWY 34 .. 3; � v r . . ., -1 -Agri, _ grf J N. 3 + i ‘ . N'Y . ` en - RFDC MAIN C ' DITCH F•••\s,� : , -. • -0 4. a 4:_3 L C f M ' ONE MILE - -A- - C' ---` •\--,:ca--- " - X r O L ' U I A I':#i3 -.- A C r '_• - —$ J T A. ¢ a • #3/ 5 st 4 ," ! • ., a M- • l J ,,i 1 '0 • r i , t 111 i IN, 4 I a I ht. TOWN OF TH WINDSOR 1.9._.: COLORADO Via Email June 12, 2015 Ms. Diana Aungst, Weld County Planner Weld County Planning Department 1555 N . 17th Ave Greeley, Colorado 80631 Subject: Rezoning proposal (COZ15-0001 ) — Envirotech Services Dear Ms. Aungst, and Members of the Weld County Planning Commission: Thank you for the opportunity to review and comment on this proposal . The proposed development is located outside of the Town's Growth Management Area (GMA) and Community Influence Area (CIA). However, similar to the Martin Marietta proposal , the property is located within a sensitive location with various competing interests. It is important to consider — and , ideally, master plan -- this area in a collaborative manner due to the proximity of this site to three municipalities, an established unincorporated neighborhood , large swaths of productive agricultural land , and major regional transportation systems. In 2008, the Town of Windsor and City of Greeley entered into an amended intergovernmental agreement ( IGA), that identified a defined Cooperative Planning , Land Use and Utility Area (CLUA) as a means to attempt to identify and support a land use pattern for the US Highway 34 corridor that would be consistent with the jurisdictions' visions and infrastructure planned and existing in the area . The CLUA outlines permitted uses and site design characteristics within the Principal Employment Corridor and Secondary Corridor Area . The proposed facility for Envirotech Services is located within this Principal Employment Corridor Area. The proposed use is incompatible with this particular vision that the Town of Windsor and City of Greeley have developed for this area . The proposal is an intensive industrial use unsuited for the nature of this corridor, and its impacts likely cannot be fully mitigated . Furthermore, approval of this Rezoning Application , as proposed, would likely establish a sprawling and overly-intense land use pattern for future development of the corridor. We urge careful consideration for the proposed uses and its regional impact, particularly concerning future land use patterns for the area and along Highway 34. You are aware of the decades of discussion about preserving the unique identities of the Northern Colorado communities, with community buffers that allow cities and towns to maintain their character and thereby contributing to a larger regional economy. With the proposed scale and location , this proposal may frustrate that vision , or at least contribute to the beginnings of a land use pattern with significant impacts to the gateway into the City of Greeley and Town of Windsor. Should the proposed Rezoning be approved , the Town of Windsor would respectfully request that the following items be addressed in any conditions of approval : 301 Walnut Street • Windsor, Colorado • 80550 • phone 970-674-2400 • fax 970-674-2456 www.windsorgov.com Page 2 1 . Earth berms and substantial landscape buffers should be incorporated into plans to screen views of industrial uses from U .S. 34. 2. Light sources shall be concealed or shielded so as to minimize uplight, spill-light, glare and unnecessary diffusion on neighboring properties. 3. Plans for rail switching and infrastructure improvements that mitigate impacts to traffic flow on U .S. 34 particularly during peak traffic periods, should be required and then reviewed by the County and CDOT, and approved and installed prior to any operations beginning on the site. 4 . We would encourage that the site be oriented with the building fronting U .S. 34. Thank you for the opportunity to review this proposal and welcome any additional discussion you would like to initiate with us and the City of Greeley. Sincerely, 1 osh Olhava Associate Planner pc: Gale Schick, Chairman, Windsor Planning Commission Windsor Planning Commission Kelly Arnold , Town Manager, Town of Windsor Scott Ballstadt, Director, Town of Windsor Planning Department Tom Parko, Director, Weld County Planning Services Brad Mueller, Director, City of Greeley Community Development John Franklin , Director, Town of Johnstown Planning and Zoning Hello