HomeMy WebLinkAbout20142331.tiff CHANGE OF ZONE (Z) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 8 0 3 - 3 5 . 4 - 0 0 . 0 2 3
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us)
(Include all lots being included in the application area. If additional space is required,attach an additional sheet)
Legal Description pt S2SE4 Lot A RE-4915 ,Section 35,Township 6 North, Range 65 West
Property Address(If Applicable)
1-1.23
Existing Zone District: AG Proposed Zone District: 1-3 Total Acreages Proposed#/Lots:
Average Lot Size: NA Minimum Lot Size: NA Proposed Subdivision Name: NA
FEE OWNER(S)OF THE PROPERTY(If additional space is required, attach an additional sheet)
Name: Big Thompson Investments Holdings, LLC
Work Phone# Home Phone# Email Address markgoldstein@ goldsteinente
Address: PO Box 273180
City/State/Zip Code Fort Collins, CO 80527-3180
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: AGPROfessionals
Work Phone# 970-535-9318 Home Phone# Email Address tnaylor@agpros.com
Address: 3050 67th Ave, Suite 200,
City/State/Zip Code Greeley, CO 80634
UTILITIES: Water: Northern Colorado Water(NCIAI)
Sewer: Septic
Gas: Atmos Energy
Electric: Xcel
Phone: Century Link
DISTRICTS: School: Greeley/Evans School District#6
Fire: Western Hills Fire Protection District
Post Office: Greeley
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
property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be
included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory
has th legal authority toign foUhe corporation.
,4 7 /�/ 3(7/(1
Ignature: O r or Authori ed Agent at Signature: Owner or Authorized Agent Date
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�� AGPROfes U onals
May 23, 2014
Chris Gathman
Weld County Department of Planning Services
1555 17th Avenue
Greeley, CO 8063 l
Subject: Peckham Development Change of Zone
AGPRO Project#1226-05-04
Dear Chris:
In regards to the Wells/Peckham Development Corporation Change of Zone (COZ)
application,Wells Ranch and Peckham Development Corporation are requesting the
exclusion of Parcel #096102100002 owned by Wells Ranch, LLLP from the COZ. The
application will only include Lot A of REC EXEMPT RE-4915 owned by Peckham
Development Corporation.
The legal description for the lot for this change of zone is as follows:
Parcel —080335400023
Legal—PT S2SE4 35 6 65 LOT A REC EXEMPT RE-4915
Parcel # 096102100002 owned by Wells Ranch is currently in the process of being annexed
into the City of Greeley. A modified questionnaire removing the Wells parcel and the COZ
Plat are included to reflect this change.
Please do not hesitate to contact us with any concerns or questions. I can be reached at
(970) 535-9318 or tnaylor@Iagpros.com.
Sincerely,
a"1116.-1yG ^
Tim Naylor
Planning Consultant
Enclosure: Modified Questionnaire and COZ plat
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
3050 67'h .Avenue. Suite 200 . Greeley, CO 80634
970,535.9318 office. 970.535.9854 fax. www.agpros.eom
so A
— AGPROfessiona1s
LLC
October 26, 20I1
To Whoci It May Concern
I hm.e contracted with .AGPROfesssionals, LLC to process all work related to a Sire
Specific Development Plan and Change of Use application to be filed in Weld County.
AGPROfessionals, LLC is authorized to represent Big Thompson Investment Holdings,
LLC throughout this process.
Sincerely.
zi/til ,
_!i6�., /_ PI 1 /
Mark Goldstein'Bia Thompson Investment Holdings, LLC
E'CISEERI\ri, SLR\,EYING. PL1].I.tiG ,to CONS' LTI\C
4330 Hight•::v. 6ó .Lomgmcnt,CO 30504
9-05359313 otTice.9'0 53 9354 ra.e• Ve WW .% pros.aom
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RCPTNA 2005-0108303 :a ae`irrr
PAGES - 2 FEE $11.00 DOC $0.00 AS49063
Statement of Authority
(Section 38-30-172, C.R.S.)
1. This Statement of Authority relates to an entity named Mile Hi Investments. LLC.
2. The type of entity is a :
corporation _registered limited liability partnership
nonprofit corporation registered limited liability limited partnership
X limited liability company _limited partnership association
general partnership _government or governmental subdivision or agency
_limited partnership _revocable trust
3.The entity is formed under the laws of the State of Colorado.
4.The mailing address for the entity is Mile Hi Investments, LLC.Go Mark S.Goldstein, Manager, 1205
West Elizabeth Street PMB #134, Fort Collins.Colorado 80521.
5.Thee X_name X position of each person authorized to execute instruments conveying,encumbering,or
otherwise affecting title to real property on behalf of the entity is:
Mark S.Goldstein,Manager
6.The authority of the foregoing person(s)to bind the entity is X not limited_limited as
follows:Pursuant to the LLC's Operating Agreement,the Manager may execute instnments for the
LLC.
7Ather matters concerning the manner in which the entity deals with interests in real property:
The LLC's Articles of Organization authorize it to transact all lawful business in the Stale of Colorado.
&This Statement of Authority is executed on behalf of the entity pursuant to the provisions of
Section 38-30-172. C.R.S.
•
9.This Statement of Authority amends and supersedes in all respects any prior Statement of
Authority executed on behalf of the entity and Section 38-30-108.5. C.R.S.
•
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MARCH OLIVE & PHRRRIS LLC w t
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Executed this /! day of Liwrid2u---
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Name '1 6 C. !L , /Pt,-
Mark S.Goldstein, Manager
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER
Th o ego' instrument was acknowledged before me this // day of
, —by Mark S. Goldstein, as Manager of Mile Hi Investments, LLC, a
Colorado limited liability company.
Witness *' .• trial seal.
My co. y, 't , .•
tary ublic
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TLis . •• • , n•t b sed unless the entity is capable of holding title to real property.
2.1 senca •f any • tion shall be prima facie evidence that no such limitation exists.
ty must be recorded to obtain the benefits of the statute.
4. ; , .4•. ..t s,iv� e
My comminion fxpwwAin.UM.
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Stattvncnt of Authority
tt tztion 3P-30-1n C R,5
this Statement of r'.,utha)rty relates to an entity narrate Rig Thompson Inv r�icnji Haldi 2s.
2. The typcafentityisa•
_earperazion _registered limited liability partnership
nonprofit corporation registered limited liability limited partm:rship
x_ limited liability emmiparty _IStnitost parnarship association
genera!pannatship —government ur 96uernrrtptttal stsbdlvisiwri or agency
limited partnership revocable true:
3,TEIe tnlitl- is fumed under the laws of the State of Calordu-
4.,ht mail ng address for the entity is ALF Thompson lnyeatmertt Bold nits. l.l. .c1a Murk,.{ielld itelu
Mater, ILSI5 Wort Fli eta S�+�atPat.gD4}F+ Ct, 5,CeArMoR4527
S The Leramt position, of t.,tah,perwn authorized to cittooe insizumceu epnvtying enwmbtring, Or
atlterwiae affecting title to tea' properly or behalf of die entity are;
Mark S. GoldtteiaD Manager
Jeff belt aldson, rdanager
6.The authority of the forcgoic2 person(x)to bin' the unity es X not limited_ _ limited as
follows: Pursuant to the 1.14.C's O ezaini_ reorgfl pi to may execute insfrµme►3t for the
7,Uthrt tuatttts cnncerningthl :twiner in which the entity deals with interests in real property;
ZEILU_C'S Articles Hf anlr_rijiza tit 2nkt.ir lt'lransast ell law f4lbpi pMate ir4 tae Statip.prietnito.
g-Nt Statement of Atittior!ty k cx xulad on behalf of the catty pursuing to the ptai•isiorts of
Seesion 38.30-172. CMS,
9 This St$cmatt of Authority amender xn4 superscelus in all respects aiY prier Sta;eraern o!
Auftorrty xccn d on behalf of rde why and Swim'18.30-)Q$,5. C.ft S.
fli�g¢s ,
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YJ4ecutna this _day o: f ' - 2665 s• � mos01,Sat4PHankts LLci
FO; Ir
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NPR-1P-20r.! TNII. 10:65 RI: la ineo aL, e.erk
ti•fF 0. .... Mari S. Goldstein,
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%MSS Will VMS Nam r✓ �_. ' / /i
J • rni Asa:., Manages
STATE OF C01ARAPO
COUNTY or LARIMER
The nottoing irstrtment war acknowledged beam mr,his 19'` day of
dirdiape--• !CS by Mars S. Goldsteir.anQLfr Donaldson, as M,anti nn,5 nj 3�'
Tf2DAWa+InYVIII N s1 12 L,C.t Colarada Jirnhcd �, ili;V canons%
Witness my hand and°Mt I col.
slycomrmiseslem orpi.cs'
t:ne Public
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T. TW.aaictn:e of airy braienknsktll br prat I is tk.tkn_c clot tra Luck.4rniear.an cAtiti,
3. The Sartori ear Euehmity rival b, Jt nrdr>;I in&m it the benefits or Litt sit:1ft
4. Sallie if nor applicable
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REZONING QUESTIONNAIRE FOR PECKHAM DEVELOPMENT CORPORATION
1. How is the proposed rezoning consistent with the policies of the Weld County Comprehensive Plan? 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 Change of Zone for the property located north of Weld County Road 62 and west of
Weld County Road 47 is consistent with the Weld County Comprehensive Plan as the proposal will
allow for the conversion of agricultural land to industrial uses in an area where industrial uses exist.The
property is located directly south of the existing 1-3 zone district and the industrial subdivision commonly
known as Union Colony Industrial Park. The Greeley-Weld County Airport borders portions of the
property on the west and south property lines. Rezoning the property will encourage the expansion and
diversification of the industrial economic base by providing property available for industrial use within an
area where industrial uses exist. As required, there are adequate services, including City of Greeley
water and individual septic systems or City of Greeley sewer, and roadways are available or reasonably
obtainable. Industrial zoned property should be encouraged within existing industrial areas.
The proposed rezoning is consistent with the Weld County Comprehensive Plan in accordance with the
following sections designated in the Weld County Code.
Sec. 22-2-80. Industrial Development Goals and Policies.
A. (.Goal 1. Promote the location of industrial uses within municipalities, County
Urban Growth Boundary areas, and Intergovernmental Agreement urban growth areas,
growth management areas as defined in municipalities' comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or
where adequate services are currently available or reasonably obtainable.
2. (.Policy 1.2. Encourage new industrial development within existing
industrial areas.
Section 22-2-150.A.I.Goal 1 encourages conversion of agricultural land to industrial uses when
adequate services are currently available or reasonably obtainable.
Section 22-2-150.B.I.Goal 2 encourages the expansion and diversification of the industrial economic
base.
Section 22-2-150.C.I.Goal 3 promotes a well-balanced diversified industrial base in order to provide a
stable tax base and to provide a variety of job opportunities for County citizens.
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 property adjacent to'the subject property.
The property is located adjacent to an existing 1-3 industrial zone property which includes the Union
Colony Industrial Park and the Greeley-Weld County Airport and the industrial nature of the area along
8th Street; including the City of Greeley Water Treatment Plant, auto salvage facilities, industrial
businesses, truck wash and the U.S. Air National Guard base. The rezoning of the property will
potentially create jobs when an industrial use is located on the parcel. Proposed access will be from
Weld County Road 62 which is a paved collector road connecting to Weld County Road 47. County
Road 47 is an arterial road connecting 8th Street to the south and State Highway 392 and State
Highway 14 to the north.
The property is also located within the City of Greeley (CPA) Cooperative Planning Area and the
(LREGA) Long Range Expected Growth Area.
3. Will the property use a septic system or public sewer facilities?
It is anticipated that the property will use the City of Greeley sewer system however; individual septic
system may be utilized and will be constructed to Weld County Standards after the approval of a site
plan review on the property until public services are available.
4. Who will provide adequate water, including fire protection, to the property?
The property is located in the North Weld County Water District service area however, through an
intergovernmental agreement between NWCWD and the City of Greeley; Greeley will provide water to
the site. Fire protection will be provided by the Western Hills Fire Protection District.
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.
The Geology Report provided by Soilogic, Inc.does not indicate moderate or severe soil limitations for
construction.
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.
The property front is onto Weld County Road 62 on the north and WCR 47 to the east. The
intersection of WCR 62 and WCR 47 is an improved intersection with a left in turn lane and a right in
turn lane onto WCR 62.
7. Is there sand, gravel, or other mineral resource on or under the subject property? If so, the applicant
shall provide a mineral resource statement prepared by a certified geologist or other qualified expert.
The statement shall indicate the estimated quantity of resources and the economic feasibility of recovery,
now and in the future, of the resource(s) so that the Planning Commission and Board of County
Commissioners can determine whether a commercial mineral deposit is contained on or under the
subjectproperty (ies) as defined by Colorado Revised Statute.
The Geology Report provided by Soilogic, Inc. did not identify economically recoverable gravel
resources at the site
8. Is the change of zone area located in a Flood Hazard Overlay District?
Flood Insurance Rate Map number 080266 0629C indicates the property is located in Zone C which is
not designated as a flood hazard district.
9. Is the change of zone area located in a Geologic Hazard Overlay District?
No, this property is not located in a Geologic Hazard Overlay District.
10. Is the change of zone area located in the AP (Airport) Overlay District?
Yes, this property is located in an Airport Overlay District.
UNION COLONY PUD PRE-ANNEXATION AGREEMENT
THIS PRE-ANNEXATION AGREEMENT (the "Agreement") dated this 27th day of June 2014, is
entered into by and between THE CITY OF GREELEY, a municipal corporation of the State of Colorado,
whose address for purposes of this Agreement is /00 O JO f't` ST'RC-el' Greeley,
CO 80631 (hereinafter referred to as the "City") and TRITON WATER DISPOSAL SERVICES, LLC, a
Colorado limited liability company,whose address for purposes of this Agreement is 1530 16th Street,Suite 300,
Denver, CO 80202 and PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation, whose
address for purposes of this Agreement is P.O. Box 273180, Fort Collins, CO 80527 (hereinafter referred to
collectively as the"Property Owners").
I.INTRODUCTION E.
The Property Owners own approximately 41.12 acres of certain real property located in the County of Weld,State
of Colorado,generally depicted as Lots 3,4,5&6;Lot A RE 4915;and Outlot 2 on Exhibit"A"attached hereto
and incorporated herein by this reference(hereinafter referred to collectively the`Property").
In order to obtain water and/or sewer service from the City on the Property,the Property Owners have agreed to
enter into this Agreement.
The Property is located within the City of Greeley Long-Range Expected Growth Area as described in the
Greeley 2060 Comprehensive Plan,as well as within the current 208 Sewer Service Area boundary.
Both the City and the Property Owners are desirous of providing for the future annexation of the Property into the
City in order to ensure its orderly development. In consideration of the mutual covenants contained herein,the
receipt and sufficiency of which are hereby acknowledged by each of the parties hereto,the City and the Property
Owners agree as follows.
II.ANNEXATION
The Property is located within the City of Greeley Long-Range Expected Growth Area as described in its 2060
Comprehensive Plan.Furthermore,annexation is typically a condition precedent to securing water and/or sewer
service from the City. In consideration of the Property Owners' willingness to petition for annexation of the
Property no later than March I,2016,as a date certain,the City agrees to cooperate with the Property Owners to
provide certain utility support for the Property as described herein.Following the initial petition for annexation of
the Property, Property Owners agree to address City review comments in a timely manner and resubmit all
annexation submittal documents to the City for review within two (2)months following receipt of the City's
comments.If resubmittals are not received within the allowable two(2)month time frame,the City shall have the
right to complete the annexation submittal documents and charge the Property Owners for the costs incurred.
III.ZONING AND DEVELOPMENT
The Property Owners represent that the Property is intended for commercial or industrial type development.To
accommodate this use, the Property Owners will seek establishment of C-H(Commercial High Intensity), I-L
(Industrial Low Intensity), I-M(Industrial Medium Intensity and I-H(Industrial High Intensity),zoning from the
City upon annexation,or other similarly appropriate zoning designation. The zoning designation will allow for
commercial and industrial uses allowed by right. The City's Planning Department has preliminarily considered
such industrial and commercial zoning for this area and finds such a zoning designation consistent with uses
promoted within this general area by the Greeley 2060 Comprehensive Plan. The support for this zoning
designation does not in any way obligate the City to provide a specific zoning designation for the Property,which
is in any case subject to the quasi-judicial public hearing process. The support of industrial and commercial
zoning for the Property is predicated on the Property Owners'submittal of a land use application and submittal
materials sufficient to demonstrate the appropriateness of the above described C-H,I-L,I-M and I-H zoning for
the Property,consistent with the City of Greeley 2060 Comprehensive Plan and Development Code standards.
t i
IV.WATER AND SEWER SERVICE I .
Lot A Water Service.The existing residential structure located on Lot A of Recorded Exemption-4915("Lot A")
is currently served by an existing three-quarter inch North Weld County Water District("North Weld")water tap.
Upon installation of the waterline in Weld County Road 62,the obligation to provide water service for Lot A will
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be transferred to the City. The City agrees to allow Lot A to be served by a three-quarter inch City water tap
without having to dedicate additional raw water or pay additional water plant investment fees as long as the use of
Lot A is for residential purposes with the three-quarter inch City water tap serving one single family residence.
Any change in use,further development,or subdivision of Lot A will require raw water dedication and payment
of plant investment fees pursuant to the Greeley Municipal Code, as amended(the"City Code"),but subject to
receive credits for the existing three-quarter inch tap as indicated below.
Potable Water Service. Upon dedication of sufficient raw water and payment by Property Owners of potable
water plant investment fees and installation costs, including, but not limited to, all meters,labor and materials
required in tapping the water main,and installing the service pipes,pursuant to the City Code,the City agrees to
provide potable water service to the Property. Upon execution of this Agreement, the rates for treated water
delivered to the Property shall be based upon the water rate cost-of-service model for Inside City Customers.The
cost-of-service rates shall be reviewed annually and adjusted in accordance with Section 17-4 of the Greeley City
Charter. Property Owners agree to extend potable water infrastructure at their sole cost and expense,pursuant to
the City Code and City engineering design criteria,to serve future development as contemplated in Section III
above. The City,through application of its City Code and through its development review process,shall regulate
the design and installation of the potable water system for the Property in conjunction with the future
development of the Property.
Raw Water Dedication. Property Owners agree to transfer,at no cost to the City,adequate water rights from any
source selected by Property Owners and approved by City,including,but not limited to,Northern Colorado Water
Conservancy District allotments(Colorado-Big Thompson Project units) or irrigation water and carnage rights,
which the City, at the City's sole determination, can use in its system, as a prerequisite and as a part of the
consideration to receive City water service and City water taps for the Property. For non-residential development,
the Property Owners shall transfer such water rights at the time of purchase of individual water taps for each lot
from the City. In the event the Property develops as residential, the Property Owner shall transfer such water
rights upon subdivision or upon request for water service from the City,whichever occurs first. Such water rights
shall meet legal criteria under Colorado law necessary to convert the water to municipal use in amounts sufficient
to meet the projected water demands of the development(s)located on the Property,including,but not limited to,
sustained historical consumptive water use, and shall otherwise satisfy the requirements of Chapter 14.24 of the
City Code.
Credit for Transfer of Water Service. Upon transfer of water service for Lot A from North Weld to the City of
Greeley,the City will recognize and grant a potable water plant investment and raw water credit for the existing
North Weld tap. The potable water plant investment credit will be equal to the total number of three-quarter inch
equivalent North Weld tap(s)transferred multiplied by the City of Greeley plant investment fee for a three-quarter
inch tap at the time of the transfer and request for service. The raw water credit will be equal to one Colorado-Big
Thompson Project unit per three-quarter inch equivalent North Weld tap transferred. The potable water plant
investment and raw water credit shall remain with Lot A. These credits would be used to help offset the potable
water plant investment fees and raw water dedication due at the time of transfer and request for new City of
Greeley water taps.
Waterline Oversizing Reimbursement. There is a future need for water service to properties located to the North
of the Property;therefore,portions of the waterline within the Property shall be oversized to accommodate these
future water needs.The City agrees to pay the material costs of the pipe to oversize the waterline from an 8"line
to a 16" line and $25 per linear foot for the additional installation costs within the western portion of Weld
County Road 62, within the western portion of the internal looped road, and for the northerly extension to the
north property line. "Material costs"is defined as the difference in pipe material price between the 8"waterline
and the 16"waterline. "Additional installation costs"defined as the additional costs to install a 16 inch water line
instead of an 8 inch water line. The Property Owners, or the Property Owners' representative,responsible for
providing suppliers'invoices showing material costs and additional installation costs for the 8"and 16"pipe prior
to being reimbursed. The Property Owners,or Property Owners'representative,shall be reimbursed by the City
within one(1)month following the City's acceptance of the 16"waterline,including the as-built drawings.
Sewer Service. Upon request for sanitary sewer service, sanitary sewer plant investment fees and an offsite lift
station expansion fee will be due prior to installing the new sewer service. The offsite lift station expansion fee
shall be based on the size of the water service serving the building or parcel as follows: Each three-quarter inch
equivalent water tap will correlate with a 2 gpm peak discharge to the lift station and will be assessed a lift station
expansion fee based on the following table:
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Table 4.1 Lift Station Expansion Fee
Lift Station Expansion
Water Tap Size 3/4"Equivalent -
Fee
1 $3,917.78
1" 1.67 $6,542.69
1-1/2" 3.33 $13,046.21
2" 5.33 $20,881.77
3" 10 $39,177.80
4" 16.67 $65,309.39
Upon payment by Property Owners of sanitary sewer plant investment fees, lift station expansion fees, and
installation costs, including, but not limited to, labor and materials required in tapping the sewer main, and
installing the service pipes,pursuant to the City Code, the City agrees to provide sanitary sewer service to the
Property. If sewer service is to be provided, Property Owners agree to extend sanitary sewer infrastructure at
Property Owners sole cost and expense,pursuant to the City Code and City engineering design criteria,to serve
future development of the Property as contemplated in Section III above. The City,through application of its City
Code and through its development review process,shall regulate the design and installation of the sanitary sewer
system for the Property in conjunction with the fixture development of the Property.
V.INFRASTRUCTURE
The Property Owners acknowledge that municipal water and sewer service infrastructure is not yet provided to
the Property at levels typically required to permit development. The Property Owners acknowledge that
development of water and sewer service and related infrastructure to serve the Property shall be approved by the
City prior to accessing City facilities and services. The Property Owners shall be responsible for the design and
construction of all public water and sewer service and related infrastructure in accordance with construction plans
approved by the City,pursuant to the City Code and City engineering design criteria.The Property Owners agree
to dedicate easements across the Property, as required by the City, to allow for the future expansion and
development of utilities within the Property.
The City and Property Owners agree that the internal looped roadway will be gravel, privately owned and
maintained by the industrial park owners' association. As such, the City agrees that said roadway, stormwater
drainage, grading and other improvements, as approved by Weld County,are not required to meet City design
standards. All lots developed subsequent to the annexation will be required to meet the City Code. Property
Owners agree to maintain said roadway in good working order, including,but not limited to,grading,plowing,
and fugitive dust mitigation.
VI.DEVELOPMENT STANDARDS
The City acknowledges that prior to annexation, the Property remains subject to Weld County development
standards and is not subject to City development standards,except specifically the water and sewer infrastructure
as set forth in Sections IV and V above (which must be met as a condition of this Agreement and the City's
provision of water and/or sewer services to the Property).
The Property Owners acknowledge that, except for the Architectural and Site Development Standards attached
hereto as Exhibit"B"and incorporated herein by this reference,once annexed,any additions or changes to the
Property shall be subject to development standards as established in the City Code, including those related to
infrastructure design, design standards, signage, landscaping, etc. The City acknowledges that portions of the
Property will have been platted and developed prior to the annexation contemplated by this Agreement, and, as
such those existing developments will not be subject to City development standards,but instead will be developed
in accordance with then-applicable Weld County development standards. However, nothing in this Agreement
shall be construed to limit the applicability of City development standards at such future time as the existing uses
of the Property are expanded or changed and/or new uses of the Property are developed.
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VII.COMPLIANCE WITH ORDINANCES
Following annexation,the Property Owners shall comply with all ordinances,codes,resolutions or policies of the
City, as such now exist or as amended or adopted in the future, including those related to the subdivision or
zoning of land, except as expressly modified by this Agreement. This Agreement shall not be construed as a
limitation upon the authority of the City to adopt different ordinances,rules,regulations,policies or codes which
change any of the provisions set forth in this Agreement so long as these apply to the City generally and not to the
Property specifically. Nothing in this Agreement,or in the fact that it was entered into, shall be construed as
limiting in any way the City's discretion as to future annexations of other properties,nor to require the City to
impose conditions on such future annexations similar to the conditions imposed by this Agreement.
VIII.SUCCESSORS AND ASSIGNS
Wherever used herein,the term "Property Owners" shall also include any heirs, successors,executors,personal
representatives,transferees and assigns of the Property Owners,and all such parties shall have the right to enforce
and be enforced under the terms of this Agreement as if they were original parties hereto. This Agreement does
not waive or release the Property Owners from any fees, requirements or standards applied in a like fashion to
other similar developments in the City,except as expressly modified by this Agreement.
IX.RECORDING
This Agreement shall be recorded in the real estate records of the Clerk and Recorder of Weld County and shall
constitute a covenant running with the land and shall be binding upon all parties having any right,title,or interest
in and to the Property.
X.AMENDMENTS
This Agreement may be amended by the Property Owners or any subsequent owners of the Property with the
mutual consent of the City,and may be amended by the City with the mutual consent of the Property Owner or
any subsequent owners of a part of the Property,without the consent of other subsequent property owners,so long
as such amendment does not affect those other subsequent property owners' part of the Property. Such
amendment shall be recorded in the real estate records of the Clerk and Recorder of Weld County and shall be a
covenant running with the land and shall be binding upon all parties having any right,title or interest in and to the
Property subject to the amendment unless otherwise specified in the amendment.
XI.HEADINGS
The headings set forth in this Agreement are for reference only and shall not be construed as an enlargement or
abridgement of the language of this Agreement.
XII.TERMS AND CONDITIONS OF THIS AGREEMENT;DEFAULT
Each and every term and condition of this Agreement is deemed to be a material element hereof. In the event a
party to this Agreement fails or refuses to perform according to the terms and conditions of this Agreement,such
party may be declared in default by another party or other parties by giving the defaulting party written notice
thereof. In the event a party has been declared in default hereof and given written notice thereof;such defaulting
party is allowed a period of thirty(30)days within which to fully cure said default. In the event the default is not
fully cured by the expiration of said thirty(30)day period,the party or parties declaring the default may elect to:
I. Terminate this Agreement and seek money damages from the defaulting party or parties,
2. Treat this Agreement as continuing and require specific performance of this Agreement by the
defaulting party or parties,or
3. Avail itself or themselves of any other remedy at law or equity.
In the event the default of any of the terms and conditions of this Agreement by any party which requires the party
or parties not in default to commence legal or equitable action against said defaulting party,the defaulting party is
liable to the non-defaulting party or parties for the costs incurred by the non-defaulting party or parties by reason
of the default;provided however,that nothing provided in this Section shall be construed to prevent or interfere
with the City's rights and remedies specified in this Agreement.
-G- E
XIII.SPECIFIC PERFORMANCE
In the event of a default or a threatened default of this Agreement,any non-defaulting party to this Agreement may
maintain an action for specific performance and temporary and permanent injunctive relief against the party or
parties to this Agreement who are alleged to have defaulted or threaten to default under any of the terms,conditions,
representations,warranties,or agreements contained in this Agreement(without necessity of posting or filing a bond
or any other security). It is agreed that such a default or threatened default will cause the aggrieved party to suffer
immediate and irreparable damage,for which monetary relief may be inadequate or impossible to ascertain, and
the aggrieved party will not have an adequate remedy at law. It is further agreed that no objection to the form of
action in any proceeding for specific performance of this Agreement and temporary and permanent injunctive relief
shall be raised by any party to this Agreement so that such specific performance of this Agreement and temporary
and permanent injunctive relief may not be obtained by the aggrieved party.Anything contained in this Agreement
to the contrary notwithstanding,this Section shall not be construed to limit in any manner whatsoever any other rights
and remedies an aggrieved party may have by virtue of any default under this Agreement.
XIV.NOTICES
All notices,requests,demands or other communications called for or contemplated under this Agreement shall be
in writing and shall be deemed to have been duly given and received either when personally delivered or, if
mailed,three(3)business days after the date of mailing,by U.S.Certified Mail,Return Receipt Requested,proper
postage fully prepaid,addressed to the parties,their permitted successors in interest or assignees,at the addresses
listed in the first paragraph of this Agreement or at such other addresses as any of the parties may subsequently
designate to the other parties by written notice in accordance with the terms and conditions of this Section.
XV.SEVERABILITY
•
If any provision of this Agreement or portion hereof shall be found by any court having competent jurisdiction over
this Agreement and the parties hereto to be invalid, unlawful, or unenforceable,this Agreement shall nevertheless
remain effective,but shall be considered amended to the extent considered by said court to be necessary to render
said provision or portion hereof valid,lawful, and enforceable, and shall be fully enforceable as so amended.The
parties do hereby expressly authorize any court of competent jurisdiction to modify any such provision or portion
hereof in order that any such provision or portion hereof may be enforced by such court to the fullest extent permitted
by applicable law.
XVI.ATTACHMENTS
Exhibit"A": Depiction and Description of Property
Exhibit"B": Architectural and Site Development Standards
IN WITNESS WHEREOF,the parties hereto have set their hands and seals as of the day and year first
above written.
CITY: PROPERTY OWNERS:
CITY OF GREELEY,COLORADO TRITON Wr4TER 1 :'OSAL . RVI r ES,LLC
By: By: ,,,
Mayor yy� p n /
Print Name: Printed Name: I'6 i Ks,1v0LOST )
ATTESTED TO BY: Print Title: CT.
By:
City Clerk PECKHAM�D�EV OP RPORATION
Print Name: By: "Oak f
APPROVED AS TO SUBSTANCE: Print Name: rv41OCS,G(IL .)P STet
By: Print Title: kb51((14..—kL
City Manager
Print Name:
-5-
APPROVED AS TO LEGAL FORM:
By:
City Attorney
Print Name:
APPROVED AS TO AVAILABILITY OF FUNDS:
By:
Director of Finance
Print Name:
-6-
EXHIBIT"A"
TO
UNION COLONY PUD PRE-ANNEXATION AGREEMENT
[Insert Depiction and Description of Lots 3,4,5&6;Lot A RE 4915;and Oudot 2]
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EXHIBIT"B"
TO
UNION COLONY PUD PRE-ANNEXATION AGREEMENT
[Insert Architectural and Site Development Standards for Lot A,Lot 3,Lot 4,Lot 5&Lot 6]
_8-
Architectural and Site Development Standards
The following Architectural and Landscape Standards are provided herein for Lot A of RE-4915,and Lots 3,4,5 and 6
Union Colony Industrial Park.
Lot A
The intended use for Lot A is unknown at this time. However,the anticipated zoning for the parcel once annexed will be
under the City of Greeley I-M zoning district. This lot is located along the frontage of County Road 62 and is a more visible
property along the south perimeter of the Union Colony Industrial Park. County Road 62 is classified as a local-low volume
roadway,which terminates directly west of the site at the cast boundary of the Greeley-Weld County Airport. Adjacent
property to the south will also likely be zoned l-M and have like uses. If the Lot is developed prior to annexation,City land
use regulations will not apply,but the following architectural and landscape standards shall apply nonetheless:
I. All buildings shall be compatible with existing buildings and structures,as well as the context of the surrounding
area.
2. Manufactured steel building materials may be used as the primary building materials.Secondary building materials
shall be used on the walls facing the public roadway. Secondary materials may include stone,masonry or stucco
veneer. A minimum of 25%of the building facing the public roadway shall incorporate a secondary exterior
building material.
3. Building facades or walls which face public rights-of-way and are in excess of one hundred(MOD)feet in length as
measured horizontally,shall incorporate wall articulation features to avoid blank wall expanses m compliance with
Greeley Municipal Code.
4. No reflective materials,mirrored,tinted or frosted glass shall be used.
5. Building colors shall remain neutral,earth toned or muted.Accent colors shall be used judiciously to create building
identification only.
6. Only buildings that support staff,personnel or visitors shall be required to incorporate public entrances that are
clearly defined. Framed elements such as awnings,side lights,or gabled entry can be used. Signage and lighting
can also be used to define public entries.
7. Franchise style of architecture does not apply and shall not be incorporated into the buildings.
8. Parking lots shall be adequately screened or oriented on the site to avoid glare onto roadway or driveway traffic.
Screening can include fencing,berms,landscape materials or a combination of each.
9. Outside storage of materials shall be screened from the public roadway,
1
1
EF(i
. I
Lot 3
The intended use for Lot 3 is unknown at this lime. However,the anticipated zoning for the parcel once annexed will be
under the City of Greeley t-M zoning district. This lot is partially located along the frontage of County Road 62 and is a
more visible property along the south perimeter of the Union Colony Industrial Park. County Road 62 is classified as a
local-low volume roadway,which terminates directly west of the site at the east boundary of the Greeley-Weld County
Airport. Adjacent property to the south will also likely zoned I-M and will have like uses. The portion of the lot that fronts
on to County Road 62 is planned to be encumbered by a wide storm water detention pond,which will naturally buffer the
•
industrial uses on the lot from the public roadway. If the Lot is developed prior to annexation,City land use regulations will
not apply,but the following architectural and landscape standards shall apply nonetheless:
1. All buildings shall be compatible with existing buildings and structures,as well as the context of the surrounding
area.
2. Manufactured steel building materials may be used as the primary building materials.Secondary building materials
are encouraged on the walls facing the public roadway. Secondary materials may include stone,masonry or stucco
veneer. A minimum of 25%of the building facing the public roadway should incorporate a secondary exterior
building material.
3. Building facades or walls which face public rights-of-way and are in excess of one hundred(100)feet in length as
measured horizontally,shall attempt to avoid blank wall expanses. Wall articulation features,columns,changes in
building color,or trim features can be used.
4. No reflective materials,mirrored,tinted or frosted glass shall be used.
5. Building colors shall remain neutral,earth toned or muted.
6. Only buildings that support staff;personnel or visitors shall be required to incorporate public entrances that are
clearly defined. Framed elements such as awnings,side lights,or gabled entry can be used. Signage and lighting
can also be used to define public entries.
7. Franchise style of architecture does not apply and shall not be incorporated into the buildings.
8. Parking lots shall be adequately screened or oriented on the site to avoid glare onto roadway or driveway traffic.
Screening can include fencing,henna,landscape materials or a combination of each.
9. Outside storage of materials shall be screened from the public roadway. Screening can include 6'privacy fencing,
landscape materials,or walls.
Lot 4
The intended use for Lot 4 is for a gas company and related operations. The anticipated zoning for the lot once annexed will
he under the City of Greeley 1-M zoning district. Development of the Lot is anticipated to be complete prior to annexation.
This lot is less visible from the County Roads(62 and 47),being 600'west of County Road 47,and over 1000'north of
County Road 62 at the closest points. The lot is not visible from any of the public rights of way,and is not adjacent to r{(
residential uses or zones where residential uses are permitted. If the Lot is developed prior to annexation,City land use
regulations will not apply,but the following architectural and landscape standards shall apply nonetheless:
I. All buildings shall be compatible with existing buildings and structures,as well as the context of the surrounding
area.
2. Standard manufactured steel building materials(in compliance with applicable building codes)may be used as the
primary building materials.Secondary building materials are encouraged on the walls facing the public roadway but
not required. Secondary materials may include stone,masonry or stucco veneer. A minimum of 25%of the
building facing a public roadway should incorporate a secondary exterior building material. Building will not be
required to be screened.
3. Building facades or walls which face public rights-of-way and are in excess of one hundred(100)feet in length as
•
measured horizontally,shall attempt to avoid blank wall expanses. Wall articulation features,columns,changes in
building color,or trim features can be used at the discretion of the property owner
4. Reflective materials,mirrored,tinted or frosted glass shall be allowed,as long as they do not interfere with airport
operations.
5. Building colors shall remain neutral,earth toned or muted.
6. Only buildings that support staff,personnel or visitors shall be required to incorporate public entrances that are
clearly defined. Framed elements such as awnings,side lights,or gabled entry can be used. Signage and lighting
can also be used to define public entries.
7. Franchise style of architecture does not apply and shall not be incorporated into the buildings.
8. Parking lots shall be adequately screened or oriented on the site to avoid glare on to driveway traffic. Screening can
include fencing,berms,landscape materials ora combination of each.
9. Outside storage and tanks will not require screening.
ii
Lot 5
The intended use for Lot 5 is for a water depot and related operations. The anticipated zoning for the lot once annexed will
be City of Greeley l-M zoning district. This lot is not visible from the County Roads(62 and 47)and is not adjacent to
residential uses or zones where residential uses are permitted. Development of the Lot is expected to be complete prior to
annexation. If the Lot is developed prior to annexation,City land use regulations will not apply,but the following
architectural and landscape standards shall apply nonetheless:
!. All buildings shall he compatible with existing buildings and structures,as well as the context of the surrounding
area.
2. Lot 5 is located internal to the site,is not visible from an adjacent public right-of-way,and is not adjacent to
residential uses or zones where residential uses are permitted.Therefore,all buildings or structures arc allowed to
utilize standard manufactured steel building materials and will not be screened.
3. Changes in plane or exterior wall articulation are not required
4_ Reflective materials,mirrored,tinted or frosted glass shall not be used.
S. Building colors shall remain neutral,earth toned or muted.Accent colors shall be used judiciously to create building
identification only.
6. Only buildings that support staff,personnel or visitors shall be required to incorporate public entrances that are
clearly defined.Though not required,framed elements such as awnings,side lights,or gabled entry are encouraged.
Signage and lighting can also be used to define public entries.
7_ Franchise style of architecture does not apply and shalt not be incorporated into the buildings.
8. No fencing or screening shall be required.
{
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Lot 6
The intended use for Lot 6 for an Injection well,mud plant,water recycling and treatment plant,washout and related
operations. The anticipated zoning for the lot once annexed will be City of Greeley l-M zoning district. This lot is not
visible from the County Roads(62 and 47)and is not adjacent to residential uses or zones where residential uses are
permitted. Development of the Lot is expected to be complete prior to annexation. If the Lot is developed prior to
annexation,City land use regulations will not apply,but the following architectural and landscape standards shall apply
nonetheless;
I. All buildings shall be compatible with existing buildings and structures,as well as the context of the
surrounding area.
2. Lot 6 is located internal to the site,are not visible from an adjacent public right-of-way,and is not adjacent to t.
residential uses or zones where residential uses are permitted.Therefore,all buildings or structures are allowed
to utilize standard manufactured steel building materials in compliance with applicable building codes and is
not required to be screened.
3. Changes in plane or exterior tvall articulation are not required.
4. Reflective materials,mirrored,tinted or frosted glass shall be allowed,as long as they do not interfere with
airport operations,
5. Building colors shall remain neutral,earth toned or muted.Accent colors shall be used judiciously to create
building identification only.
6. Only buildings that support staff,personnel or visitors shall be required to incorporate public entrances that are
clearly defined.Though not required,framed elements such as awnings,side lights,or gabled entry are
encouraged. Signage and lighting can also be used to define public entries.
7. Franchise style of architecture does not apply and shall not be incorporated into the buildings.
8. No fencing or screening shall be required.
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