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Home My WebLink About20081102.tiff • April 21. 2.0(18 BOARD OF COUNTY t:UMMISSIeiNF.R Weld County. Colorado We are In oyreemenr with the consallaatIon of Lots A and 9 of Klock 2 In the Western Dairymen Cooperative. Inc. Planned Unit Development . ,end the development thereof by Paul and JoKI Ien Ceenzalets. • tilnrer�a 1.y. Western Dairymen Cooperat•'e. :nc. (Milky Way Business Parltl. Owners Association) by Marvin L.Drer EXHIBIT g r, 'ce-//02 • April 13. 2008 )i0A1tl► ur• CODN Y COMMISSIONERS We l c! County. Colorado We are In agreement with the ronsol.i:lnt ton of Lots 8 •in I c► of Block 2 En the Western Dairymen Cooperative, Inc. Planted Unit Development, and the dev.• pment thereof by Paul and .loKIlen <:onzaleti. • Since y /^ Co oradu Animal heal a . James Martin • EXHIBIT r 3d; • Apr 11 21, 200K ROAk'II CV conn'rY commIPfrlNrTls Weld CI It v, Cnl nrada WO .1Fr 115 :IF'rrvmrn', •.:l t t lie 1 .nonl hi. It ; t LIIty 9 :lid '1 of Rink ' In i r . ;`nl rni.c:: ;]hu;rr.I: l v.•. Inr. I'lWined I!nit Ilrve I ignnent , and t Iu• Jrvv l i'prnv:lt t!!trre!sl h•; Pail .incl ..Iq•:11�•n i: )1 :, 1 CCs. Since] ele, F • Mart" Va I elk L1, Val 1ev Camper Sales • EXHIBIT •F :b3 • April :3, '018 IMAM; nl: cnlllcr'y I:(►?7MISSIctNEkS Weld (:aunty, Colorado We are In ayreeitlent with the consolidation t►t Lots ii and '3 at !flock _' in the Western Dairymen Cooperative, Inc. Planned Unit Development , and the development thereof by Paul And JoElien (;unz.tlee,. • Slucerel.Y. Gre c►ria stables .1/ / • ,.4 H:._1 : i ; : . 3 t4 , i L L ... • Kevin Lyles 10671 Butte Drive Longmont, CO 80504 April 29, 2008 William H. Jerke, Chair Board of County Commissioners 915 10`" Street Greeley, CO 80631 RE: April 30, 2008 Hearing, 3AMPF-431 (Highland Properties 8407, LLC) Dear Mr. Jerke, I wish to express my objection to the approval of the proposed amendment to a PUD Final Plat Redesign, consolidating Lots 8 & 9 of Block 2 into one lot in the Western Dairymen Cooperative PUD. As a resident within 500 feet of the proposed development, I have several specific • concerns with this proposal, as outlined below. Compatibility of Land Uses: Safety The merging of these two lots is proposed for the purpose of building a commercial indoor shooting range adjacent to high density single family housing. According to Section 22-2-210 of the Weld County Code (Comprehensive Plan), PUD Policy 4.1 states that "Flexible design elements of a Planned Unit Development should consider compatibility with existing and planned uses on adjacent properties." This proposal does not consider compatibility with existing uses on adjacent properties, locating a firearms facility within 70 feet of high density homes and less than ''A mile from a future middle school. Comprehensive Plan PUD Goal 1 states that, "In an effort to promote the Planned Unit Development process for development review, the County will cooperate with the development applicant to achieve the objectives of the applicant while ensuring the proposal meets all health and safety needs; meets the intent of the zone district(s) applicable to the land use proposed; meets the intent of the goals expressed in this section; and conforms to the Comprehensive Plan." It is the applicant's burden to demonstrate in a public hearing that this proposal meets these public values. Structural Land Use Map • EXHIBIT a. ID Ft I 33d 404 F-4O4 31 • The 1-25 M.U.D. Structural Land Use Map (October 2006) identifies the subject property as Regional Commercial —Medium Intensity. According to Sec. 26-1-50 of the Comprehensive Plan, "Regional commercial centers are intended to provide safe, efficient areas offering convenience goods and services to residents of surrounding neighborhoods. These centers include commercial and industrial activities which are medium-intensity levels and have few environmental and service related impacts. Activities in these centers may include the following: 1. Retail shops. 2. Civic uses such as libraries, community centers and churches. 3. Service businesses such as offices. 4. Public facilities and utility service facilities. 5. Restaurants. 6. Retail and wholesale establishments. 7. Light manufacturing and research facilities." The proposed commercial shooting range is not the type of use permitted in a regional commercial center, is not compatible with adjacent land uses, and does not provide convenience goods or services to the residents of surrounding neighborhoods, as required. Urban Development This firing range is proposed adjacent to an urban residential development. Section 22-2-70 of • the Comprehensive Plan defines urban residential development as "high density multi-family projects, single-family residential subdivisions and many variations between these two (2) categories". It also states that "some commercial or neighborhood service uses such as churches, day care, small-scale offices, schools, convenience stores, small shopping areas, etc., are usually associated with urban residential subdivisions." This firing range does not fit within the scope of commercial uses permitted under this policy. Furthermore, Section 22-2-170 (Commercial development goals and policies) of the Comprehensive Plan states, "Neighborhood commercial uses will be allowed in residential areas. These commercial uses will consist only of neighborhood-oriented businesses. Commercial uses that service a greater area than the neighborhood and create undesirable impact, such as increased vehicular traffic, are not considered appropriate in residential neighborhoods." The proposed firing range is not a neighborhood-oriented business and is not consistent with planned land uses, and deprives residents of these desired services and goods. Where are the residents supposed to shop or obtain local services if all of the surrounding land is developed with firing ranges, RV dealerships, and garage condominiums? Public Comment Residents within 500 feet of the proposed firing range have, at best, only been informed of an • innocuous-sounding, jargonistic"Amendment to a PUD Final Plat Redesign." No one would interpret this to mean that a firing range is being proposed in their backyards, and near a future • middle school. Weld County residents deserve the opportunity to understand and comment on uses like firing ranges when they are being proposed in their neighborhoods. At the March 18th Planning Commission meeting, I was refused the opportunity to present my concerns to the Commission, as County Planner Jacqueline Hatch and the Commission insisted on keeping the item on the consent agenda. Ms. Hatch's insistence on keeping this item on the consent agenda, eliminating any opportunity for public comment, violated two Guiding Principles of the Comprehensive Plan: It is an open process to facilitate public information and input, and should not be approved or denied solely on the basis of public sentiment. It provides open communication through the development review process to neighbors and communities most impacted by proposed changes. By County staff insisting that the proposed firing range was a Use by Right, which is actually quite debatable, Ms. Hatch prevented my testimony from being considered in the PUD Amendment and the concurrent Site Plan Review processes. Private Property Rights and Land Values I was informed that the proposed development is a Use by Right, and therefore not subject to public comment. Exactly where in the Weld County Code or the approved PUD does it state • that a commercial firing range is a use by right in this zone? In fact, it does not state such a right—this is an interpretation by County staff, presumably classifying the firing range as a commercial recreational facility. The proposed use is not a typical recreational facility, and should be processed as a Use by Special Review so that public testimony can be presented by interested residents. It is important to remember that an individual's (or corporation's) private property rights are not absolute. As stated in Section 22-1-120 of the Comprehensive Plan, "Private property rights are not unlimited rights but rather rights balanced with the responsibility of protecting community health, safety and welfare." It is the responsibility of Weld County Planners, the Planning Commission, and the Board of County Commissioners to respect this balance of rights and prevent incompatible land uses. It is also important to consider that adjacent homeowners have property rights as well. This development will lower land values throughout my community, as confirmed by two real estate professionals. By approving an incompatible land use on this property, you risk infringing on the private property rights of every homeowner in the Idaho Creek community and the possibility of a legal challenge to a poorly considered development. • Mr. Jerke, I respectfully request that this matter be tabled until a formal staff analysis of the Use by Right issue for this firing range is prepared and made subject to public comment. To avoid a potential challenge to this staff determination, I ask that the Board consider processing this application as a Use by Special Review. Thank you for your consideration. ::>-- , -_,_,r---g/ --7 Kevin Lyles 10671 Butt rive Longmont, CO 80504 CC: Commissioner Robert D. Masden, Pro-Tern • Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher • BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS April 20, 2008 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN/FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR 3rd AMPF-431 IN THE AGRICULTURAL ZONE DISTRICT. Jacqueline Hatch Name of Person Posting Sign —Jacqueline Hatch • Signature of Perso Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this�I--day of PVA, , 2008. WITNESS my hand and official seal. to .! P.Qg LZMAN c 4 otary Public cnfn. 7 `.' My Commis E-kpires My Commission Expires: 10-14-2011 • EXHIBIT 7' 3rd AimPF#+'/3i �.t , a i,Mat t 6 El #,. s' '2'G,a ': tI.. 5 p ₹ r lsy. .. x, w �e • _ x.j T A _ t `*4£ :O1(O,g„�g. ' .t fkf4tr•y: {xYk � rte" $} _~ry'v'i+`i "41a 1/4 ' '. ;44. .T,,, •`. # „# • ` ' t ��nn '1itit i ��TTT •1 '..0.0'4" ' •t a�" t."4 call L .; K:w 1 • "4 k. .t a::.•c• •c. F} <t r:M. '3D''t. ^i S'. %.3 % JJ*14 "'^Y" w y b f t i /'�"y s. % ' f .S:C t Y r'• .*f 'tit.' 'r vt' ••.A. 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