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Home My WebLink About20152969 CHANGE OF ZONE (Z) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: 6/17/15 RECEIPT/AMOUNT # /$$5,650.00 CASE # ASSIGNED: COZ 15-0002 APPLICATION RECEIVED BY DA PLANNER ASSIGNED: DA Parcel Number 0 8 0 7 . 2 5 . 0 _ 0 0 . 0 4 7 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weid.co.us) (Include all lots being included in the application area. If additional space is required, attach an additional sheet) Legal Description LotB Amd Rec Exempt RE-833, Section 25 , Township 6 North, Range 67 West Property Address (If Applicable) n/a Existing Zone District: A Proposed Zone District: I-3 Total Acreage: 70.091 Proposed #/Lots: 1 Average Lot Size: 70.091 Minimum Lot Size: 70.091 Proposed Subdivision Name: n/a FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: Claude J. Pumilia, as Manager of M2 Landco, LLC, a Colorado limited liability company Work Phone # Home Phone # Email Address Address: 252 Clayton St., 4th Floor City/State/Zip Code Denver, Colorado 80206 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Erik Halverson Work Phone # (303) 398-0539 Home Phone # Email Address ehalverson@omnitrax.com Address: 2005 Howard Smith Drive East City/State/Zip Code Windsor, CO 80550 UTILITIES: Water: North Weld County Water District Sewer City of Greeley Gas: Xcel Electric: Xcel Phone: Comcast DISTRICTS: School: School Dist. RE4-Windsor Fire: Windsor Severance Fire Post Office: Windsor I (We), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Change of Zone for the following described unincorporated area of Weld County, Colorado: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of prope u,st sig this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be in ded / ith th plic tion. If a corporation is the fee owner, notarized evidence must be included indicating the signatory as the I=. al -u o ity t sign for the corporation. Signature: Owner or •u horized ANDI Date Signature: Owner or Authorized Agent Date -4- Minutes of Action on Behalf of BO Finance Corporation Acting as the Sole Member ber of Multiple Companies by Written Consent In Lieu of a Special Meeting The undersigned, BC Finance Corporation, being the sole Member (the "Member") of the companies more fully described below (each individually a "Company" and together the "Companies"), hereby adopts the following preambles and resolutions by written consent as provided by the Operating Agreements of the Companies and applicable law: WHEREAS, the Member is the sole Member of the following Companies: M \Vaterco, LLC M I Landco, LLC M2 Landco, LLC; and WHEREAS, The Member wishes to remove Thomas G. Mandula from his position as a Manager of the Companies, and WHEREAS, the Member wishes to appoint Claude J . Pumilia to serve as a Manager of the Companies. It is hereby resolved, as follows: RESOLVED, that Thomas G. Mandula is hereby removed from his position as a Manager of the Companies, his removal to be effective as of June 30, 2014; and RESOLVED, that Claucle J . Pumilia is hereby appointed to serve the Companies as a Manager, his appointment. to be effective as of May 5, 2014. The undersigned, being the sole Member of the Companies, hereby consents to, approves, and adopts the foregoing preambles and resolutions on behalf of the Companies, to be effective as of the effective dates noted above. MEMBER: BCI Finance Corporation a Colorado co By: Robert J . Jacobs, Vice President 11:611"\ \ DEPARTMENT OF PLANNING SERVICES 1 555 N 17' AVE gip Cip GREELEY. CO 80631 PHONE: (970) 353-6100, Ext. 3540 COLORADOFAX: (970) 304-6498 AUTHORIZATION FORM I Erik Ha verson represent M2 Landco, LLC. for the property (Agent/Applicant) (Owner) located at LOT B AMD REC EXEMPT RE-833 LEGAL DESCRIPTION : SEC 25 TWN 6 N RNG 67 W SUBDIVISION NAME : n/a LOT BLK I can be contacted at the following phone #'s: Home Work (303) 398-0539 Fax # The property owner can be contacted at the following phone #'s Home Work Fax # Correspondence mailed to (only one) : 5 Agent/Applicant L ll Property Owner DATE OWNER'S SIGNATURE !�G - " ` .� �. Claude J . Pumilia, Man ger M2 Landco, LLC, a Colorado limited liability company OTTENJ0HNS0N ROBINS0N NEFF + RAGONETTIPC June 9, 2015 AMANDA S GREENBERG 303 575 7523 AGREENBERG@OTTENJOHNSON.COM Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, Colorado 80631 Attn: Diana Aungst Re: Change of Zone Application Dear Ms. Aungst: We are submitting this letter on behalf of M2 Landco, LLC, a Colorado limited liability company ("M2"), with respect to M2's proposed rezoning of the parcel of vacant real property located in Weld County, Colorado (the "County"), more particularly described in Exhibit A attached hereto (the "Property"), from the A (Agricultural) zone district to the 1-3 (Industrial) zone district under Chapter 23 of the Charter and Code for the County (the "Code"). Enclosed with this letter are the following items, as required by the Code and revised, as applicable, to reflect the comments received by the County in response to M2's previous application submitted on May 7, 2015: 1 . A completed original Change of Zone (Z) Application (together with corporate consent appointing Claude Pumilia as manager of M2 and an Authorization Form executed by Claude Pumilia authorizing Erik Halverson to act as M2's agent throughout the rezoning process), attached hereto as Change of Zone Application; 2. A Change of Zone plat and vicinity and land use map, attached hereto as Rezone Plat; 3 . A completed Change of Zone Questionnaire, attached hereto as Questionnaire; 4. A mineral resource statement prepared by a certified geologist or other qualified expert, together with a soil survey and study of the site with a statement of the suitability of soils to support all uses allowed in the proposed zone, attached hereto as Minerals and Soils Report; 5. Documentation showing evidence of an adequate water supply, attached hereto as Water Supply Documentation; 6. Documentation showing evidence of an adequate sanitary sewage disposal method, attached hereto as Sanitary Sewage Disposal Documentation; 7. An original Certificate of Conveyance form and all attachments provided by Land Title Guarantee Company, attached hereto as Certificate of Conveyance (together with a receipt from the County Treasurer evidencing payment of all outstanding taxes); 8. A statement from the County Treasurer showing no delinquent taxes for the Property, attached hereto as Tax Certificate; and 950 SEVENTEENTH STREET SUITE 1600 DENVER COLORADO 80202 P 303 825 8400 F 303 825 6525 OTTENJOHNSON . COM 1332233.6 June 9, 2015 Page 2 9. An affidavit and certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within 500 feet of the Property, current as of a date no more than thirty days prior to the date this application is submitted to the County, attached hereto as Affidavit and Certified List of Property Owners. The Property is comprised of approximately 70.091 acres, and is located east of County Road 23.75, between County Road 64 % to the south and the railroad right-of-way owned by the Great Western Railway of Colorado and operated by OmniTRAX (the "Railroad") to the north. A two-track dirt road approximates the eastern boundary of the Property. Access to the Property is currently achieved via County Road 23.75 pursuant to Permit No. AP 15-00088. Before M2's acquisition of the Property, the Property was used for agricultural purposes, and contained as its only structure a small tank battery near the southern boundary of the Property. Since such acquisition, however, the tank battery has been removed and the only use currently existing on the Property is a "repair-in-place" track, which the Railroad will continue to operate independently of M2's use of the Property. The proposed rezoning is requested in connection with M2's development and expansion of the Great Western Industrial Park, the core of which is located just west of the Property. The Great Western Industrial Park has already attracted several industrial businesses to the region, including Vestas, Owens-Illinois Glass, and Front Range Energy, due in large part to its proximate relationship with the Railroad. Two properties adjacent to the Property, which have both been annexed by the City of Greeley, are within the I-H (Industrial High Intensity) and I-M (Industrial Medium Intensity) zone districts under the City of Greeley Zoning Code (the "Greeley Code"), and are located on the west and east sides of the Property, respectively. The remaining properties surrounding the Property, including the Railroad right-of-way, are generally within the A (Agricultural) zone district under the Code, with a small residential subdivision on the north side of the Railroad that is within the E (Estate) zone district under the Code, though not directly adjacent to the Property. With the exception of the one industrial use directly adjacent to the Property to the west, which is currently facilitating the manufacture and outdoor storage of blades for wind turbines, the surrounding land uses are agricultural, low-density residential or vacant. Although M2 has yet to determine the use to be located on the Property, the uses permitted under the proposed I-3 zoning are generally quite compatible with the surrounding land uses. The I-3 zone district under the Code is consistent with the current industrial use located just west of the Property, which is zoned as the most intensive industrial use under the City of Greeley Zoning Code. Two of the adjacent agricultural properties located west and south of the Property also adjoin this industrial property, indicating that the uses on those properties are also consistent with the proposed I-3 zoning. To the north, the Railroad provides a buffer between the Property and the low-density residential uses. Finally, the parcel to the east of the Property, though currently vacant, is within the I-M (Industrial Medium Intensity) zone district under the Greeley Code, and the uses permitted on that property, from the property's current vacancy to the most intensive uses permitted under such zone district are all consistent with the uses permitted by the proposed I-3 zoning. The proposed rezoning is also consistent with Chapter 22 of the Charter and Code for the County (the "Comprehensive Plan"). Although the Comprehensive Plan does emphasize the County's agricultural history, it also notes the importance of protecting "the rights of private property owners to convert their agricultural lands to other appropriate land uses." Indeed, one of the "agriculture goals" of the Comprehensive Plan is to protect the right to request a land use change, particularly where, as here, the new land use is compatible with the region. Moreover, two "industrial development goals" of the Comprehensive Plan include specific language favoring industrial development along existing railroad infrastructure, which goal is clearly furthered by the Property's close proximity to the Railroad. The remaining "industrial development goals and policies" generally address the appropriateness and compatibility of the industrial use in the surrounding region, including the availability and capacity of infrastructure and other services and the effect of the industrial development on 1332233.6 June 9, 2015 Page 3 surrounding land uses. These issues are specifically addressed in this rezoning application and throughout the rezoning process, with several being requirements for approval of the rezoning application. The proposed rezoning is further supported by the North Greeley Rail Corridor Subarea Plan for Greeley and Weld County (the "Rail Corridor Plan"), which is included in the Plan as Appendix 22-A, and specifically mentions the Great Western Industrial Park and the "strong existing and potential relationship between the railroad, land use, and industrial development." The Property is located entirely within the Rail Centric Employment Area (as defined in the Rail Corridor Plan), and the majority of the Property is also located within the Great Western Railroad Principal Corridor (also as defined in the Rail Corridor Plan). As noted in the Rail Corridor Plan, the vision for the Rail Centric Employment Area, which each specific policy within the Rail Corridor Plan supports, is as follows: "Create opportunities for landowners to attract diverse, job-producing industries to locate in the North Greeley Rail Corridor Subarea because of the availability of key infrastructure such as the short-line railroad track, principal roads, and central water and sewer, as well as a nearby diversely skilled and educated workforce." As evidenced by the industrial focus of the various planning documents that affect the Property, in particular the Rail Corridor Plan, and also by the surrounding industrial properties, the conditions in the area surrounding the Property have changed considerably from the previous agricultural condition to a more industrial condition with which the I-3 zone district is consistent. Although M2 has not yet identified a user for the Property, M2 wishes to rezone the Property to the I-3 zone district so to be able to market the Property as an industrially-zoned site for potential users looking to commence industrial and/or commercial use on the Property without having to undergo the rezoning process themselves. M2 anticipates that rezoning the Property to the I-3 zone district will add appeal to the Property and stimulate interest in the Property from prospective users, while aligning the future of the Property with the vision, goals and policies set forth in the Rail Corridor Plan. The foregoing, together with the attachments hereto, establish compliance with the requirements of Article II, Division 1 of the Code.1 On behalf of M2, we respectfully request that the County approve this application. Sincerely, Amanda S. Greenberg for the Firm cc: By Email: Michelle Martin Erik Halverson Jenni Stanford John Tufte Cory Rutz ' As M2 currently has no immediate plans for development of the Property, the rezoning will not cause any interference with mineral or ditch owners on the Property. M2 will, as it begins to contemplate future development, work with such mineral and ditch owners to mitigate any concerns that hereinafter arise. 1332233.6 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT B AMD REC EXEMPT RE-833 as more particularly described as: LOT B OF AMENDED RECORDED EXEMPTION NO. 0805-30-2-RE833, ACCORDING TO THE MAP RECORDED JUNE 20, 1993 AT RECEPTION NO. 2351104, BEING A PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND ALL THAT PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LYING SOUTH OF THE BURLINGTON NORTHERN RAILROAD, COUNTY OF WELD, STATE OF COLORADO. Exhibit A: Legal Description of the Property 1332233.6 QUESTIONNAIRE 1 . How is the proposed rezoning consistent with the policies of the Weld County Code, Chapter 22? If the proposed rezoning is not consistent with the Comprehensive Plan, explain how the proposed rezoning will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. The proposed rezoning is consistent with Chapter 22 of the Charter and Code for the County (the "Comprehensive Plan"). Although the Comprehensive Plan does emphasize the County's agricultural history, it also notes the importance of protecting "the rights of private property owners to convert their agricultural lands to other appropriate land uses." Indeed, one of the "agriculture goals" of the Comprehensive Plan is to protect the right to request a land use change, particularly where, as here, the new land use is compatible with the region. Moreover, two "industrial development goals" of the Comprehensive Plan include specific language favoring industrial development along existing railroad infrastructure, which goal is clearly furthered by the Property's close proximity to the Railroad. The remaining "industrial development goals and policies" generally address the appropriateness and compatibility of the industrial use in the surrounding region, including the availability and capacity of infrastructure and other services and the effect of the industrial development on surrounding land uses. These issues are specifically addressed in this rezoning application and throughout the rezoning process, with several being requirements for approval of the rezoning application. The proposed rezoning is further supported by the North Greeley Rail Corridor Subarea Plan for Greeley and Weld County (the "Rail Corridor Plan"), which is included in the Plan as Appendix 22-A, and specifically mentions the Great Western Industrial Park and the "strong existing and potential relationship between the railroad, land use, and industrial development." The Property is located entirely within the Rail Centric Employment Area (as defined in the Rail Corridor Plan), and the majority of the Property is also located within the Great Western Railroad Principal Corridor (also as defined in the Rail Corridor Plan). As noted in the Rail Corridor Plan, the vision for the Rail Centric Employment Area, which each specific policy within the Rail Corridor Plan supports, is as follows: "Create opportunities for landowners to attract diverse, job-producing industries to locate in the North Greeley Rail Corridor Subarea because of the availability of key infrastructure such as the short-line railroad track, principal roads, and central water and sewer, as well as a nearby diversely skilled and educated workforce." 2. How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses? Include a description of existing land uses for all properties adjacent to the subject property. The proposed rezoning is requested in connection with M2's development and expansion of the Great Western Industrial Park, the core of which is located just west of the Property. The Great Western Industrial Park has already attracted several industrial businesses to the region, including Vestas, Owens-Illinois Glass, and Front Range Energy, due in large part to its proximate relationship with the Railroad. Two properties adjacent to the Property, which have both been annexed by the City of Greeley, are within the I-H (Industrial High Intensity) and I-M (Industrial Medium Intensity) zone districts under the City of Greeley Zoning Code (the "Greeley Code"), and are located on the west and east sides of the Property, respectively. The remaining properties surrounding the Property, including the Railroad right-of-way, are generally within the A (Agricultural) zone district under the Code, with a small residential subdivision on the north side of the Railroad that is within the E (Estate) zone district under the Code, though not directly adjacent to the Property. With the exception of the one industrial Questionnaire 133223;.6 use directly adjacent to the Property to the west, which is currently facilitating the manufacture and outdoor storage of blades for wind turbines, the surrounding land uses are agricultural, low-density residential or vacant. Although M2 has yet to determine the use to be located on the Property, the uses permitted under the proposed I-3 zoning are generally quite compatible with the surrounding land uses. The I-3 zone district under the Code is consistent with the current industrial use located just west of the Property, which is zoned as the most intensive industrial use under the City of Greeley Zoning Code. Two of the adjacent agricultural properties located west and south of the Property also adjoin this industrial property, indicating that the uses on those properties are also consistent with the proposed I-3 zoning. To the north, the Railroad provides a buffer between the Property and the low-density residential uses. Finally, the parcel to the east of the Property, though currently vacant, is within the I-M (Industrial Medium Intensity) zone district under the Greeley Code, and the uses permitted on that property, from the property's current vacancy to the most intensive uses permitted under such zone district are all consistent with the uses permitted by the proposed 1-3 zoning. 3. Will the property use a septic system or public sewer facilities? M2 currently has no need for a sewage disposal system for the Property; however, as stated in the letter attached to this application as the "Sanitary Sewage Disposal Documentation," when M2 has identified a proposed use for the Property and the sewage disposal requirements associated with such use are understood, M2 will further explore options for treatment. If the proposed use has relatively low demand, M2 may use an onsite septic system. If the propose use has a high demand, then sewage disposal may require offsite improvements, such as extension of sanitary sewer from the City of Greeley. 4. Who will provide adequate water, including fire protection, to the property? M2 currently has no need for water service to the Property; however, M2 has obtained a service letter from the North Weld County Water District, which letter is attached to this application as the "Water Supply Documentation." In the Water Supply Documentation, the North Weld County Water District has indicated its intent to provide domestic water service to the Property, and that it has no conflict with the proposed rezoning. As stated in the Water Supply Documentation, the North Weld County Water District will provide a "Letter of Intent" detailing the requirements of water services once a "Water Tap Request Form" has been submitted and reviewed. M2 will submit such Water Tap Request Form once it has identified a user and/or use for the Property. 5. Does the property have soils with moderate or severe limitations for construction? If yes, the applicant shall submit information which demonstrates that the limitations can be overcome. Based upon conditions observed during a site visit on May 4, 2015, and a variety of published sources concerning soil, groundwater, mineral and other conditions in and around the Property, Earth Engineering Consultants, LLC ("EEC"), has determined that there are no apparent significant geologic hazards on the Property. EEC recommended that geotechnical investigations be performed for building sites to identify the shrink and/or swell potential in the soils and bedrock strata, and that pre-mitigation radon control methods be incorporated into the construction of buildings on the Property. As discussed in greater detail in the Minerals and Soils Report included in this rezoning application, EEC determined that the rezoning and future development of the Property is compatible with its geologic conditions. 6. Is the road and/or highway facility providing access to the property(ies) adequate to meet the requirements of the proposed zone district? If not, the applicant shall supply information demonstrating the willingness and financial capability to upgrade the road and highway facilities. Questionnaire 1332233.6 M2 currently has limited need for access to the Property. Accordingly, access via County Road 23 .75 pursuant to Permit No. AP15-00088 is adequate to meet the requirements of the proposed 1-3 zoning. 7. Is the change of zone area located in a Flood Hazard Overlay District? Yes; however, M2 does not currently have any construction or other development plans, and therefore is not requesting a Flood Hazard Development Permit at this time. 8. Is the change of zone area located in a Geologic Hazard Overlay District? No. 9. Is the change of zone area located in the AP (Airport) Overlay District? No. Questionnaire 1332233 6 Certificate Of Taxes Due Account Number W0034607 Certificate Number 110995 Parcel 080725000047 Order Number Assessed To Vendor ID 14 M2 LANDCO LLC LAND TITLE GUARANTEE OF FT COLLINS 252 CLAYTON ST 772 WHALERS WAY STE 100 4TH FLOOR FT COLLINS , CO 80525 DENVER, CO 80206-4800 Legal Description Situs Address 17.55A PT E2NE4 25-6-67 & PT W2NW4 30-6-66 LOT B AMD REC EXEMPT RE-833 Year Tax Interest Fees Payments Balance Tax Charge 2014 S57.92 $0:00 S0.00 ($57.92) $0.00 2013 $63.88 $8.30 $0.00 $0.00 $72.18 2012 $64.58 $16.15 $0.00'` $0.00 $80.73 2011 $64.58 $23.89 $0.00 $0.00 S88.47 Total Tax Charge $241.38 Grand Total Due as of 05/19/2015 $241.38 Tax Billed at 2014 Rates for Tax Area 7116 - 7116 Authority Mill Levy Amount Values Actual Assessed STORM LAKE DRAINAGE DISTRIC 1.0000000 $57.92 WATER ASSESSMENTS $0 $0 Taxes Billed 2014 1.0000000 $57.92 Total $0 $0 WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS OR PARENT OR CHILD ACCOUNTS. 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 AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 1 . TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. TREASURER, WELD COUNTY, John R. Lefebvre, Jr. ,`74e 1400 N. 17th Avenue l� Greeley, CO 80631 May 19, 2015 3:13:00 PM Page 1 of 1 5/27/2015 Official Payments - Pay Taxes, Utility Bills, Tuition & More Online This is a "printer friendly" page. Please use the "print" option in your browser to print this screen . em OFFICIAL IIII PAYMENTS V / a Weld County Treasurer , CO ° C • Property Tax Payments Confirmation Number : 03515G Payment Date: Wednesday, May 27 , 2015 Payment Time: 04: 11 PM MT Payer Information Name: Erik Halverson Street Address: 216 Clayton St Denver, CO 80206 United States Daytime Phone (303) 398 - 0539 Number: E-mail Address: ehalverson@omnitrax.com UserlD : OP3348S1240 Card Information Card Type: Visa Card Number: ************0354 Expiration Date: 08/2017 Payment Information Payment Type: Property Tax Payments Payment Amount: $241 .38 Convenience Fee: $5.91 Total Payment: $247 .29 Thank you for using Official Payments. If you have a question regarding your payment, please call us toll free at 1 -800-487-4567. To make payments in the future, please visit our website at www.officialpayments.com. Copyright © 2015 Official Payments Corporation. All Rights Reserved. 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