HomeMy WebLinkAbout20242420.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant VVVV LLC c/o Ralph Walker
Case Number COZ24-0002
Submitted or Prepared
Prior to
Hearing
At
Hearing
1
Jim and
Shirley
Beliveau
objection
letter
received
June 6, 2024
X
—
2
Kerri
Kinnison — objection
letter
received
June
5, 2024
X
3
Michael
Sedio
—
objection
letter
received
June 7, 2024
X
4
Robert
and
Sheila
Morelli
objection
letter
received
June 7, 2024
X
—
5
Rusty
and
Sarah
objection
letter
received
June 7, 2024
X
—
6
Response
from
the applicant
August
16,
2024
-
Beliveau
X
7
Response
from
the applicant
August
16,
2024 -
Kinnison
X
8
Response
from
the applicant
August
16,
2024
-
Knels
X
9
Response
from
the applicant
August
16,
2024
-
Morelli
X
10
Response
from
the applicant
August
16,
2024 - Sedio
X
11
Response
from
the applicant
August
16,
2024
— map
X
12
Kerri
Kinnison — second
letter
received
August
28, 2024
X
13
Updated
Water
Will
Serve
Letter
X
14
Michael
Sedio
second
letter
received
August
31,
2024
X
—
15
Presentation
from
the Surrounding
Property
Owners
X
16
Presentation
from
the Applicant
X
I hereby certify that the sixteen items identified herein were submitted to the Department of Planning
Services at or prior to the scheduled Planning Commissioners' hearing.
efts
Diana Aungst, Planner
Diana Aungst
From: jim beliveau <jeb15110@hotmail.com>
Sent: Thursday, June 6, 2024 11:20:09 AM
To: kogle@weld.gov <kogle@weld.gov>; Maxwell Nader <mnader@weld.gov>
Subject: Case #COZ24-0002 / Change of zone
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Gentlemen; we are Jim & Shirley Beliveau, 8285 County Road 2, Brighton, and we live within
500 feet of the proposed change of zone from Agricultural to Business Commercial noted in the
above case. We highly object to this zone change!
I encourage you and Weld County Commissioners to look closely at the impact of continually
taking away agricultural land. Our efforts as a county should be to encourage and establish
land for crops, livestock, preservation of open land, preserving our water resources, etc.
County Road 2 remains a major traffic headache. It is a two-lane county road with a speed limit
of 45mph and is a race track for speeders who do not want to use Hwy 7 between 125 and Hwy
85. The road is severely damaged, very rarely repaired and recently has more semi traffic than
ever before. And the road condition continues to deteriorate. By adding more commercial
traffic you are continuing to make this issue worse.
Thank you for your consideration in the matter. Let's keep this land agricultural!
Sincerely,
Jim & Shirley Beliveau
8285 County Rd2
Brighton, Co. 80603
00a S & Osas
Case- #1 caso # C0Z24-0002
Name / Nombre: WW, LLC I,n�
10 MAY .21.&�. _ iPin
Proposed Project: Change of Zone from the A (Agricultural) Zone District to the C-3
(Business Commercial) Zone District.
Proyecto Propuesto: Camhio de Zona del Distrito de Zona A (Agricola) al Distrito de
Zona C-3 (Comerciai de Negocios),
Location: North of and adjacent to County Road 2; approximately 0.5 miles east of
County Road 17.
Ublcacibn: Al node y adyacente a County Road 2; Aproximadamente 0,5 minas al este
de County Road 17
Planner / Planificador: Kim Ogle/Max Nader
Comments due by: June 7, 2024
Comentarios debidos por: 7 de junio de 2024
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Weld County Planning Services
1402 N. 17th Ave
P.O. Box 758
Greeley, CO 80632
EXHIBIT
•
KERRI KINNISON REV TRUST
134 LAKE FRONT DR
MOORESVILLE NC 28117
RECEIVED
JUN 0 5 2024
DaP�
May 18, 2024
RE: Case # COZ24-0002
Name: WW, LLC
Proposed: Change of Zone from A-Agriculural District to 0-3 Business/Commercial Zone for (Lot B, Recorded:
Exemption No. 1469-33-04 RECX 16-0076
Attention Planning Department: Kim Ogle/ Max Nader
Reason: Objection to ReZone Proposal
To Weld County,
Regarding the proposed project application Case #C0Z24-0002, my stance is in full OPPOSITION.
1 appreciate the opportunity to provide Weld County my written opposition and additional comments as I am
unable to attend any public meetings in person.
My name is Kerri Kinnison, together with my family, we have been long time residents and owners of multiple
agricultural/residential parcels in Weld County since 1993. It was the rural character of Weld County that
attracted my family to the area more than 30 years ago. Seeking a change from the obtrusive commercial
growth, large-scale businesses, high traffic and expansive housing developments, we chose to relocate and
invest in property in WeldCounty for a more quiet rural community lifestyle. Surrounded by agriculture,
neighboring farms, lush vegetation and natural landscape, Weld County promoted a quality of lifestyle that
separated itself from the typical congested urban city living in neighboring counties.
With specific regard to Case #COZ24-0002, I own two parcels addressed and known as -8625 CR 2 Brighton,
CO 80603 (Lot A) and 8629 CR 2 Brighton, CO 80603 (Lot SE 1083) which are connected and on the North
end of address 8621 CR 2 Brighton, CO 8O603 (Lot B, Recorded Exemotion No. 1469-33-04 RECX 16-0076)
that was acquired by WW, LLC in August of 2O16.
The two parcels I own are directly affected by any proposed zoning change and property usage by WW, LLC.
All three of our parcels adjoin each other with no privacy separation or defining distinction between the
properties or property lines. The WW, LLC Lot B parcel of land was once part of a single approximately 80
acre parcel previously known as 507 WCR 2 Brighton, Co 80601 and the three parcels now known as Lot A,
Lot B and Lot SE 1083 were separated in 2006 via a Recorded Subdivision ExemptionAllowance per Weld
County.
To access my two parcels and the residential farmhouses which serve as primary residences for multiple
family members, one must drive from Weld County Road 2 through the center of the entirety of Lot B tothe
furthest North end of WW, LLC'- Lot B adjoining parcel. This gravel driveway is the only legal access to Lots
A, Lot SE and Lot B from Weld County Road 2. The entrance of this driveway at Lot B and Weld County Rd 2
is the location for school bus drop off and pick up for any children that reside in the two farmhouses per the
public school transportation department and cannot be changed.
Additionally, this access has a Recorded Access and Easement Utility Agreement (Weld County Record
#422459) (See Attachment #1) which states "for the benefit of Lot A and Lot SE, this access is a non-
exclusive and perpetual 30 foot access easement over and across that portion of Lot B for the purpose of
providing to the owner of Lot A and Lot SE and their permittees vehicular and pedestrian ingress, egress and
access to and from CR 2 to Lot A and Lot SE which shall include the continuous right to use the Access
Easement at all times with no limitations," I am concerned that any future C-3 rezoning could violate this
Recorded Access Agreement.
Any zoning changes as well as the property usage of Lot B substantially affects my two parcels more than any
adjacent or surrounding neighboring properties. WW, LLC neglects to properly address the Access and
Easement Utility Agreement on the application which is critical to my two parcels and both farmhouse
residents. It is important to express that WW, LLC willingly and knowingly purchased Lot B as Agriculturally
Zoned and was aware of restrictions, nevertheless has attempted multiple times with Weld County to apply to
rezone and develop Lot B into Business/Commercial Zoning with proposals that simply do not benefit the
broader region or neighboring rural community.
WW, LLC has been inconsistent with describing its desired property use in proposals. For example, WW, LLC
applied previously (Case #USR17-0016) for multi zone business commercial usage to develop a dump
station, retention pond, flex office buildings, rv/boat storage, self storage and multi family development. This
was met with great opposition by surrounding neighbors and ultimately WW, LLC's application was denied by
Weld County in its determination that the applicant failed to demonstrate the proposal was consistent or
conducive to the Agriculture promotion and development practices of Weld County Codes in Chapter 22,
Sections in 23-2-230.
Unfortunately, my properties have already been negatively affected by irresponsible oil and gas activities as
well as by WW, LLC's property/road access maintenance, land usage and issues with security, privacy, air and
water quality, noise, increased traffic, wildlife disturbances, overgrown weeds and neglect and lack of
property management. The current application request by WW, LLC is not clearly defined and broad. If WW,
LLC were to receive approval to rezone Lot B to a 0-3 Business Commercial Zone District which allows for
development of hotels, theaters, restaurants, nightclubs, schools, hospitals and distribution centers for that
zoning, it could be detrimental to my longstanding A►g/Res properties and the surrounding neighboring
community. Importantly, according to Weld County, these C-3 zone areas require large amounts of space and
generate high traffic volumes. (See Attachment #2) -
Per Weld County Sec 23-3-230, C-3 (Business Commercial Zone District)
A. Intent.The purpose of the C-3 Zone District is to designate areas of commerce for the benefit of the broader region, such as
large-scale regional shopping centers and entertainment districts. C-3 District properties may require large amounts of space
or generate high traffic volumes. Properties zoned C-3 are typically located near high -traffic corridors.
It is my belief that these type of commercial and business developments do not align with a rural lifestyle that
Weld County claims to promote and are certainly riot beneficial to surrounding neighbors. C-3 Zone Districts
bring increased crime, traffic, noise and pollution that you may not otherwise have in rural communities. While
Weld County Road 2 has had a substantial increase in traffic due to the growth in both Adams County and
Weld County, it is still a two-lane (one through lane in each direction, paved) County Road that has a posted
speed limit of 45mph and is poorly maintained. This road also serves as a multi -stop bus stop to residential
neighborhoods, private driveways and cross streets off of Weld County Road 2. Allowing 0-3 zone district
urban style developments to continue to expand in Weld County will only deteriorate the road conditions and
the ability to drive safely on Weld County Road 2 for the rural surrounding communities that depend on it
daily.
It is my interpretation that rezoning WW, LLC's Lot B parcel is contradictory to Weld County's rural residential
and agricultural surrounding community and according to Weld County's own www.weld.gov website as
written in the Right to Farm Statement that reads: (See Attachment #3)
...Weld County's land use policies support a high -quality rural character which respects the agricultural heritage and
traditional agricultural land uses of the County, as agricultural lands are converted to other uses (excluding vita"
development). Rural character in the County includes those uses which provide rural lifestyles, rural -based economies and
opportunities to both live and work in rural areas. The natural landscape and vegetation predominate over the built
environment. Agricultural land uses and development provide the visual landscapes traditionally found in rural areas and
communities.
...Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing
agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract
urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
...Agricultural users of the land should not be expected to change their long-established agricultural practices to
accommodate the intrusions of urban users into a rural area.
My concerns are that this proposal request to rezone from Agricultural to 0-3 Business Commercial Zone
District could allow WW, LLC future development control to move forward with a substantial mixed use -
commercial development like what was previously applied for but was denied, yet this time without recourse
from neighbors or the oversight of Weld County.
WW, LLC has had Lot B advertised for sale for many years (See Attachment #4). WW, LLC has also made
multiple request to purchase my two lots in the past and has long mentioned an intent to develop and have
multi -commercial use of the land. Although I cannot predict the future, I do not have any immediate plans to
sell my two parcels that have been in my family since 1999 and do not want to expel family members from
their homes because Weld County would consider invasive urban development in a longstanding rural
residential community.
Regarding the Site Plan Review Planning Questionnaire WW, LLC completed as part of the proposed project,
my comments/concerns below are in direct response to WW, LLC's answers for specific numbered questions:
(1 and 3)
WW, LLC does not properly explain the proposed use or the business name. While the land is currently
vacant, it has not been and is currently not being properly maintained. The building referenced to be used for
storage is located approximately 40 feet from the property line that separates Lot A and Lot B and is
approximately only 150 feet from my residential house structure on Lot A. The property lines are undefined
and the building is only partially bordered by a broken wooden fence which is fully visible from the Lot A
home. (See Attachment #5). Weeds have been overgrown for years all around the building and surrounding
land as evident in WW, LLC's own submitted photos. The building and property of Lot B was previously used
for WW, LLC's construction roll off business in addition to a few different businesses that WW, LLC rented it
out to through the years. There were numerous people/employees and heavy equipment trucks entering and
exiting all hours of the day and night causing excessive noise, poor air quality due to road dust, unmaintained
and restricted driveway access and no privacy due to proximity to the houses. I do not believe WW, LLC's
responses on this questionnaire are completely honest or accurate in what the actual building/land usage will
be going forward.
(2)
WW, LLC's response does not provide adequate explanation or definition of the "need" to rezone Lot B from
Agricultural to C3 Business Commercial in order to accommodate the use of the building and outdoor storage
for that which WW, LLC is requesting. WW, LLC has been using the Lot B property and building for similar
equipment storage and business operations off and on since 2016. in addition, WW, LLC does not fully
describe what "construction related equipment" is and for what purpose. Storage use is not the same as
commercial/business operations use and because the building is so close in proximity to my residential
structures, privacy and quality of life is of great concern. Additionally, Weld County Road 2 is a two-lane (one
lane each direction) County Road in a posted 45 mph zone that serves access to numerous residential and
farmland properties as well as public school buses pick up and drop off. The road does not currently support
the same use as a highway or multi -lane road. According to Weld County's own website, Weld County Road 2
is categorized as a County Road not arterial. The functional classification of mapped area for potential arterial
is off of Weld County Road 2 but states "arterial not constructed " (See Attachment #6). Heavy construction
related equipment using the road continuously will only increase traffic issues and further deteriorate road
conditions for the many neighborhoods that use it for personal/farm vehicle use.
(4)
WW, LLC neglects to mention the proximities of both farmhouses from the building and property lines of Lot B
by vaguely stating "to the North rural residences and vacant farmland are adjacent". However, it is important
to document that Lot A house structure is approximately 114 feet North of Lot B property line at the fence and
Lot SE1083 house structure is approximately 20 feet to the North of Lot B property line. The building that is
referenced to be used for storage is located approximately 40 feet from the property line that separates Lot A
and Lot B and is approximately 150 feet from my residential house structure on Lot A. (See Attachment #7)
(5)
The quality of life of my family members in the two farmhouses would considerably change with any
allowance to rezone from Agriculture to C3 Business/Commercial Zone District. My Lot A and Lot SE 1083
parcels that adjoin Lot B could ultimately decrease in value as those seeking a rural lifestyle with families,
children and pets may not prefer to drive through busy Commercial/Business developments in order to
access private residences. My once rural parcels could also be less desirable compared to surrounding rural
parcels without C3 Commercial/Business intrusions. Commercial/Business districts are expected to have
more issues with air quality, noise, traffic control, security and crime.
Allowing large scale business, commercial traffic and people entering and exiting the property is disruptive in
many ways to a residential lifestyle. Increases in property theft and vandalism in neighboring areas have
occurred since Weld County parcels have been rezoned to Business/Commercial. In addition, WW, LLC has
not been responsible or compliant in the management of Lot B in the past years.
WW, LLC provides an existing land usage map that indicates surrounding land use including vacant
farmlands, Adams County residential developments, rural residences, a ZPAG for contractor shop and ranch
horse boarding facility. WW, LLC attempts to describe that rezoning Lot B to C-3 zoning would provide
services to the surrounding neighborhood but that is not the fact. WW, LLC's proposed use of commercial
construction related equipment outdoor storage would only benefit WW, LLC and is not compatible with the
surrounding community. On the contrary, land use including those like a horse boarding facility, a small ZPAG
agriculture use contractor shop, farmlands and rural residences are beneficial and compatible to the
surrounding communities and do align with Weld County's pro rural character stance statement.
(6)
WW, LLC describes operational hours would be between 6:00am-6:o0pm yet, during the same business WW,
LLC operated previously, any type of normal operating hours were completely disregarded. Large trucks with
roll off dumpsters were coming and going prior to 6:00 am and sometimes well into the late evening after
10:00 pm, multiple times a day and all week. The extreme noise, bright lights and disturbances of these
trucks entering, exiting, picking up and dropping off equipment was exceptionally disruptive to the residents
in the farmhouses and affected their health, stress, privacy and sleep. The homes of neighboring residents
with children and pets were also affected and this ultimately led to multiple complaints. It is concerning that
the letter from STS (See Attachment #8) states the WW, LLC company is expected to generate 25 trips on an
average weekday, four during peak morning hour and four during peak evening hour. This amount of daily
traffic does not align with WW, LLC's statement of using the property for storage operations and limited
activity on question 6-7 and would be very disruptive to the residences on a daily basis.
(7)
WW, LLC contradicts the answer given on question 6 of the questionnaire regarding onsite employees stating
"no permanent or daily employees are proposed" to answering question 7 stating "one to two part-time
employees on -site on a limited basis, 1-3 times per week". The building WW, LLC will use for business
operations does not currently have water supply in or around the building and any septic system is also
questionable. Onsite employees would need access to proper restroom and septic facilities. I am not sure
how employees would be provided that service without a water source and it would not be sanitary or
desirable to have portable toilet facilities in sight near my residential properties or structures. I am also
concerned for fire hazards without water accessible on site for any business operations, especially while
storing heavy construction related equipment and being so close to residential structures.
(8 and 9).
WW, LLC has given conflicting answers regarding the number of employees that may be onsite on previous
questions.
(10)
If WW, LLC's statement of stored construction equipment were to include any propellants, lubricants, paint,
other mechanical sprays or diesel/fuel vehicles like previously, this would be considered highly flammable
storage. WW, LLC also provided photos for the questionnaire labeled Northwest and West that show two
outside storage tanks against the building. WW, LLC should be required to confirm if they have flammable
materials stored in those tanks now or will have storage in them in the future.
1
1
WW, LLC has previously used the surrounding property for stockpile and storage during similar business
operations in the previous years. Therefore, my concerns of this proposal would be of similar reality to the
past.
(12-17) No response as the information given by WW, LLC is hypothetical based on approval of C-3 zoning.
(18)
The surrounding property and building are not fully fenced as WW, LLC indicates. In addition, the fence is
broken in multiple places and contents inside fence line are highly visible due to its height and proximity to the
farmhouses. The photos WW, LLC has chosen to submit to Weld County are carefully selective in cropping
the view so that they don't show the close proximity of the farmhouse on Lot A to Lot B and the building.
(See Attachment #9)
(20)
WW, LLC does not actually explain the question of how this proposal will be compatible with future
development of the surrounding area or adopted master plans of affected municipalities. Instead, WW, LLC
attaches a Weld County Comprehensive Plan Map which specifically states in the Terms of Use that the
product was developed solely for internal use only by Weld County, subject to constant change and accuracy
and completeness cannot be and is not guaranteed. (See Attachment #10) Terms of Use below:
TERMS OF USE- This product has been developed solely for internal use only by Weld County. The GIS database,
applications, and data in the product is subject to constant change and the accuracy and completeness cannot be and is not
guaranteed. The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were
legally created or that the land uses comply with applicable State or Local law: UNDER NO CIRCUMSTANCE SHALL ANY
PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEE
s. EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT,
NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED
THEREIN.
(21
I am not familiar with a Weld County Opportunity Zone and would need to request more specific details in
order to respond properly. However, regarding WW, LLC's Lot B parcel which is only partially in the "Weld
County Opportunity Zone" (See Attachment #11) and per the Terms of Use on the Comprehensive Plan Map,
it is subject to constant change and accuracy and completeness cannot and is not guaranteed. The Lot B
parcel is also predominantly surrounded by rural houses and farmland.
)
(22)
It is unclear if WW, LLC is in compliance for existing and proposed structures meeting the Bulk Standards for
the zone district in which the property is located. With the current zone district being Agricultural, wouldn't the
standards fall under that zoning? WW, LLC is proposing a 0-3 Commercial Business Zone District therefore
would need existing and proposed structures to be in compliance with the Bulk Standards of section of
23-3-250. However, the answer WW, LLC has provided is that the compliance of existing building is per the
Bulk Standards for C-3 according to Sec 23-3-340 of the Weld County code which is the code for Division 4
Industrial Zone Districts for Bulk Standards. This is confusing and needs further clarification.
(23a) NOISE -
WW, LLC contradicts the statement previously made of proposed hours of business operations on question 6
stating from 6:00am-6:00pm Monday -Saturday, yet now states noise levels from 7:OOam-9:00pm &
9:00pm-7:00am, which spans 24 hours a day, is beyond the Legislative time periods and exceeds residential
and even commercial allowance according to the chart. WW, LLC noise abatement plan claims noise levels to
be in the 75 db(A) and 80 db(A) decibels range without actual measurement to confirm this. These decibels
given are categorized in 25-12-103 as Industrial noise levels which is not in compliance in an any AG,
Residential, Commercial or even Light Industrial zoning, are known to be a public nuisance and when
experienced for extended periods of time can cause hearing loss (See Attachment #12). I am concerned as
to how acknowledgment of Industrial Zone noise levels in a potential C-3 application proposal could be
allowed by Weld County.
WW, LLC gives misleading information by stating "no operations are proposed during nighttime hours" but
then admits to noise ranges occurring within nighttime hours. Per the Colorado Revised Statutes 2023 Public
Health and Environment Administration Article 12 Title 25, 25-12-101 (See Attachment #13) states the
following:
25-12-101. Legislative declaration. The general assembly finds and declares that noise is a major source of environmental
pollution which represents a threat to the serenity and quality of life in the state of Colorado. Excess noise often has an
adverse physiological and psychological effect on human beings, thus contributing to an economic loss to the community.
Accordingly, it is the policy of the general assembly to establish statewide standards for noise level limits for various time
periods and areas. Noise in excess of the limits provided in this article constitutes a public nuisance.
25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a
manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of
noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for
the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance:
7:00 a.m. to next 7:00 p.m. 7:00 p.m. to next 7:00 a.m.
Residential
Commercial
Light industrial
Industrial
55 db(A)
60 db(A)
70 db(A)
80 db(A)
50 db(A)
55 db(A)
65 db(A)
75 db(A)
On WW, LLC's Noise Abatement Plan referencing Weld County Code Section 14-9-40 it states noise decibels
would be within the range of Industrial or Construction Areas which is not the allowance for C-3 Commercial
Zoning that WW, LLC is proposing.
(23b) AIR QUALITY
When WW, LLC was operating the business it is proposing to operate again, the heavy trucks entering and
exiting the recycled concrete driveway stirred up substantial amounts of dust which affected the air quality of
my family in both farmhouses as well as the surrounding neighbors. The air quality became so bad that one
family member residing in the farmhouse nearest to the building developed COPD and is now medically at
risk if she continues to breathe in dust particles to the extreme levels WW, LLC's business operations created.
WW, LLC states "owner to operate water truck as necessary for dust control." I believe this confirms that WW,
LLC acknowledges there would be a dust problem however, I do not believe WW, LLC would actually provide
a water truck for dust control since proper road management has not been provided for the past 8 years.
(23c) WATER QUALITY
I was unable to locate the Drainage Narrative that WW, LLC mentions. It is my understanding that Lot B
currently does not have a water source on the property or proper sewage system to operate a commercial
business. Both of my farmhouses have water services provided by Mountain View Water. There have been
past issues that have affected the water quality on my parcels. My continued concerns would be any
negligence or improper usage of facilities by employees or business operations that may affect water quality
due to spills or draining into the soil near my two parcels. Additionally, the letter provided by Todd Creek
Village Metropolitan District dated 2017 to WW, LLC (See Attachment #14) states that WW, LLC claims to
"intend to sub -divide and develop for multiple end uses" the property known as Lot B and is willing to provide
potable and non -potable water service to the property subject to conditions based on this request. This is
contradictory according to the proposal that WW, LLC is requesting which was to rezone from Agricultural to
C-3 in order to utilize outdoor storage for construction related equipment not for sub -dividing and multiple
end uses as the letter indicates. My concerns continue to be that WW, LLC may not be accurate with the full
intensions for requesting the 0-3 rezoning.
(23f) GLARE
There are multiple exterior motion censor lights on the North backside of the building on Lot B that shine
directly into the adjacent Lot A farmhouse when operational. In addition, trucks and vehicles headlights shine
into the direction of both Lot A and Lot SE1083 when entering and exiting the driveway.
(23g) PROPERTY MAINTENANCE
Property and Driveway maintenance has been an ongoing issue since WW, LLC acquired Lot B. There are
conditions and terms per the Recorded Access and Utility Easement Agreement that are not being met by
WW, LLC. My family members on Lot A and Lot SE 1083 have had to use their own personal tractors and
mowing equipment to mow, plow out from snowstorms, control ruts and remove large chucks of debris from
driveway on Lot B's property. In addition, the weeds have been overgrown on Lot B property due to no regular
maintenance or mowing schedules. A few times the property conditions have been so bad from overgrown
weeds that the fire department was alerted from neighbors. My family member has generously mowed the
sides of the driveway countless times over the past 8 years in order for family to simply be able to access the
road safely and limit fire hazards up until that family member was in a life threatening accident that restricted
his ability to operate the machines.
I have records of text messages made to WW, LLC (Ralph) requesting the property and driveway access to be
mowed, requesting weed control and snow removal to access the driveway for both of my properties. The last
time my records indicate the property was mowed by WW, LLC was in 2022, with the exception of a few
months ago when it was mowed just around the building in order to provide photos to Weld County for the
Proposed Rezoning Application. Even in WW, LLC's photos it is evident that weeds on Lot B have exceeded
the 12" that Weld County permits. Noxious or invasive weeds could be present on Lot B. Both of my
properties are kept mowed as evident in the photos provided and it is frustrating that the adjoining Lot B is
not regularly or properly maintained.
Part of property maintenance should be the control and protection of wildlife on property that may include but
not be limited to the hawks, eagles, owls, coyotes, rabbits, foxes and prairie dogs that inhabit the property
and surrounding properties. The abundant wildlife population could be driven from their natural habitats of
trees, berms, brush and surrounding farmland due to high -traffic and loud business operations of a C-3
rezone allowance.
In conclusion, I want to express that I am not against beneficial rural development. There are surrounding
neighbors that are successfully operating AG or small rural type businesses and are doing so without risk or
nuisance to the surrounding communities. These small scale operations are not detrimental to the
environment or quality of life to the residential neighbors they surround. On the contrary, the rezoning
proposal WW, LLC is applying for is not clearly defined, nor does it promote growth of agriculture farmland or
the rural lifestyle people seek in Weld County. Instead, it creates a long list of concerns and opposition.
I thank you for your time and consideration and I encourage you to contact me if you require any additional
information from me regarding this matter.
Thank you,
ANti ktwuatn
Kerri Kinnison
Cell- (303) 916-3962
kfkinnison@aol.com
Q�k
4229459 08/18/2016 04:54 PM
Total Pages: 11 Rec Fee: $01.00
Carly Koppes - Clerk and Recorder, Weld County, CO
ACCESS AND UTILITY AGREEMENT
THIS ACCESS AND UTILITY EASEMENT AGREEMENT (this "A ement") is
entered into this 18th day of August, 2016, by and between Morr Assets, LLC, a North Carolina
limited liability company ("Grantor"), with an address of 134 Lakefront Drive, Mooresville,
North Carolina 28117, and the Kerri Lynn Kinnison Revocable Trust dated June 19, 2009, with
an address of 134 Lakefront Drive, Mooresville, North Carolina 28117 ("Grantee").
RECITALS
A. Grantor is the owner of the real property described as: Lot B, Recorded
Exemption No. 1469-33-04 RECX16-0076, recorded July 14, 2016 at Reception No. 4219060,
being a part of the West '/2 of the Southeast % of Section 33, Township I North, Range 67 West
of the 6ffi P.M., County of. Weld, State of Colorado, together with improvements thereon, with an
address of 8621 WCR2, Brighton, Colorado 80603 ("LotB");
13. Grantee is the owner of two parcels of real property described as: (1) Lot A
Recorded Exemption No. 1469-33-04 RECX16-0076, recorded July 14, 2016 at Reception No.
4219060, being a part, of the West 1/2 of the Southeast 'A of Section 33, Township 1 North, Range
67 West of the 6th P.M., County of Weld, State of Colorado, together with improvements
g p
thereon, with an address of 8625 WCR2, Brighton, Colorado 80603 ("Lot_A"), and (ii) SE 1083
Recorded Exemption No. 1469-33-04 RR -4407, recorded August 4, 2006 at Reception No.
3409326, being a part of the W '/2 of the SE 'A of Section 33, Township 1 North, Range 67 West,
of the 6th P.M., County of Weld, State of, together with improvements thereon, with an address
of 8629 WCR2, Brighton, Colorado 80603 ("Lot SE").
C. Grantor desires to grant to Grantee: (i) a perpetual, non-exclusive easement for
vehicular and pedestrian ingress and egress, over, across and through the thirty (30) foot roadway
as graphically depicted on Exhibit A, attached hereto and incorporated by herein this reference
(the "Access Easement Area"), to provide Grantee with access to and from Lot A and Lot SE to
County Road 2, and (ii) a non-exclusive, perpetual easement over, across, under and through Lot
B (the "Utility Easement Area") to access, install, maintain, operate, upgrade, repair, replace
and the Utility Lines (as defined below).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
agreements and conveyances set forth herein, the parties covenant and agree as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
1.1 "Common Utility Lines" shall mean existing or future water, sewer, electricity,
natural gas,telecommunications and other utility (if any) lines located under the surface of Lot B
that serve more than one Property.
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Page 2 of 11
A.
SE.
1.2 "Lot A Owner" shall mean the owner or owners of the fee simple interest in Lot
1.3 "Lot B Owner" shall mean the owner or owners of the fee simple interest in Lot
1.4 "Lot SEOwner" shall mean the owner or owners of the fee simple interest in Lot
1.5 "Lie:r irol ier" shall mean any mortgagee under a mortgage or a trustee or
beneficiary under a deed of trust constituting a lien on any portion of a Property.
p tY.
1.6 "Maintenance bligations," shall mean the obligations of the Grantor with
respect to the Easements.
1.7 "Owner" shall mean the owner or owners of the fee simple interest in Lot A, Lot
SE and/or Lot B.
1.8 "Permittees" shall include all Owners and their respective heirs, successors,
assigns, grantees, and mortgagees, and their respective tenants, subtenants, contractors, vendors,
agents and all persons who now or hereafter own or hold any possessory interest within a given
Property, and the concessionaires, agents, employees, customers, visitors, contractors, licensees
and invitees of any of them.
1.9 "Property" shall mean any one of Lot A, Lot B and Lot SE.
1.10 "Properties" shall mean Lot A, Lot B and Lot SE collectively.
1.11 "Utility Lines" shall mean any existing and future water, sewer, electricity,
natural gas, telecommunications and other utility Of any) lines that serve Lot A and/or Lot SE.
ARTICLE 11
EASEMENTS
2.1 Grant of Access Easement. Grantor hereby grants, bargains, and conveys to
Grantee for the benefit of Lot A and Lot SE, a non-exclusive and perpetual thirty (30) foot access
easement over and across that portion of Lot B as shown and described on Exhibit A, for the
purpose of providing to the Owner of Lot A and the Owner of Lot SE and their Permittees
vehicular and pedestrian ingress, egress and access to and from County Road 2 to Lot A and to
Lot SE "Access Easement," which shall include the continuous right to use the Access
Easement at all times with no limitations, as the same may from time to time be constructed and
maintained on Lot B.
2.2 Grant_ of Utility Easement. Grantor hereby grants, bargains, and conveys to
Grantee for the benefit of Lot A and Lot SE, a non-exclusive and perpetual easement over,
under, across and through Lot B to access, install, maintain, operate, upgrade, repair, replace and
improve the Utility Lines, including, without limitation, the right, at Grantee's sole cost and
expense, to connect to any Common Utility Lines located on, within and/or under the surface of
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Page 3 of 11
the Lot B and to make modifications thereto as provided in and subject to the terms of this
Agreement (the "Utilit- Easement" and together with the Access Easement, the "Easements.").
ARTICLE HI
MAINTENANCE OF EASEMENTS
3.1 Maintenance of Easements. Lot B Owner shall be obligated to maintain at all
times the Access Easement in good condition and repair, as originally constructed or as -
improved by Lot B Owner, in accordance with the terms and provisions hereof and shall cause
the Access Easement to be resurfaced as deemed reasonably necessary by Lot B Owner, in its
reasonable discretion. Lot B Owner shall also be obligated to maintain any Common Utility
Lines serving any or all of the Properties in good condition and working order. If any Owner
causes the need for any repair to any Common Utility Lines, then such Owner shall, at its
expense, make such repair and if such Owner fails to make suchrepair promptly, Grantor shall
cause such repair to be made, at the expense of the Owner that caused the need for such repair. If
such Owner fails to make prompt payment to Lot B Owner, then Lot B Owner shall have the
rights and remedies of an Owner pursuant and subject to the terms and provisions of this Article
III for purposes of collecting the costs of such repair, including Default Interest thereon. In
accordance with the foregoing, Lot B Owner's maintenance and repair obligations shall include,
but shall not be limited to: (a) repairing, resurfacing and otherwise maintaining in good condition
and repair the Access Easement; (b) keeping the Access Easement free and clear for the uses
provided herein, which obligation shall include, but shall not be limited to, snow removal; (c)
keeping the Access Easement in a reasonably clean, un-littered, orderly, and sanitary condition;
and (d) posting "No Parking" or other signage reasonably necessary to enforce the terms and
provisions hereof
3.2 Emergency. ReinedRemedkli. If at any time, or from time to time, an Owner reasonably
determines that Lot B Owner has failed to perform any of its obligations under this Agreement
and such failure results in, or creates an imminent danger of, an emergency situation such Owner
shall have the right to give Lot B Owner written notice of such determination, specifying the
particulars in respect to which Lot B Owner's performance is deemed to be not in compliance
with the provisions hereof. if such performance has not been substantially commenced within
three (3) days of such notice (or in the event of snow removal, within twenty (24) hours of such
notice), Lot A Owner shall then have the right to cause to be performed the maintenance or
repair of the Access Easement which was not completed as required by this Agreement and
which resulted in such emergency situation provided, however, that the action by the Lot A
and/or Lot SE Owner shall not relieve Lot B Owner of the obligation to perform, keep, and
observe such requirements as to other and future maintenance. Lot B Owner agrees to promptly
pay to Lot A Owner and Lot SE Owner, as the case may be, on demand, the cost of performing
such repair and maintenance together with interest at the rate of five percent (5%) above the
prime rate of Wells Fargo Bank in effect from time to time from the date of disbursement of such
costs until paid ("Default Interest").
3.3 Non -Emergency Remedies. If at any time, or from time to time, an Owner
reasonably determines that Lot B Owner has failed to perform any of its obligations under this
Agreement, such Owner shall have the right to give Lot B Owner written notice of such
determination, specifying the particulars in respect to which Lot B Owner's performance is
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Page 4 of 11
deemed to be not in compliance with the provisions hereof. If such performance has not been
substantially commenced within ten (10) days of such notice, or, if commenced, is not diligently
pursued until completion, Lot A Owner or Lot SE Owner, as the case may be, shall then have the
right to cause to be performed the maintenance or repair of the Access Easement or Utility
Easement, as the case may be, which was not completed as required by this Agreement provided,
however, that the action by Lot A Owner and/or Lot SE Owner shall not relieve the Lot B Owner
of the obligation to perform, keep, and observe such requirements as to other and future
maintenance. Lot B Owner agrees to promptly pay to such notifying Owner, on demand, the cost
of performing such repair and maintenance together with Default Interest thereon from the date
of disbursement of such costs until paid.
14 Lien Rights. The Owner performing the maintenance and repair under this
Article II shall have a lien on Lot B to secure payment of the costs set forth above. This lien shall
be in the nature of a mechanic's lien under Colorado law and shall be perfected and foreclosed in
accordance with the statutes pertaining to those liens and will be junior to and will in no way
impair any lien or charge of any bona fide mortgage or deed of trust on Lot B, recorded prior to
or subsequent to the recording of the lien notice.
ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 Taxes; Insurance. Each Owner shall be responsible for the payment of, and
hereby agrees to pay before delinquency, all real estate taxes and assessments and insurance
premiums payable with respect to or on account of its Property. In no event shall any Owner
have any liability whatsoever for the payment of real estate taxes and assessments and insurance
premiums attributable to any other Property.
4.2 Modifications to Common Utility Lines. If. any Owner requires any
modifications to the Common Utility Lines, including, without limitation, any upsizing u sizin or
upgrading of any of such lines, such Owner may make such modifications, upon the conditions
that such Owner shall: (a) provide not less than 30 day's prior written notice of such
modifications to the other Owners; (b) timely pay all costs and expense of making such
modifications and shall not permit any liens to attach to any Property; (c) indemnify and hold the
other Owners harmless from and against any and all claims, demands, losses, liabilities,
judgments, penalties, costs, damages and expenses (including, without limitation, reasonable
attorneys' fees), including, without limitation, property damage, bodily injury (including death)
and any claim of mechanic's lien, in any way arising from or out of such modifications; (d)
obtain, prior to commencing such work, and thereafter maintain in force, all required
authorizations and permits from all applicable governmental authorities and utility providers; (e)
perform such work expeditiously and in a good and workmanlike manner; (f) promptly after the
completion of such modifications, restore the surface of the Easement, as the case may be, to its
condition existing prior to such modifications; and (g) not cause or permit any disruption of
utility services to the other Owners' Properties.
4.3 Indemnity. Each Owner shall indemnify, defend and hold harmless the
Indemnified Parties (as defined in Section 4.4) from and against any and all claims, expenses,
liabilities, loss, damage and costs, including reasonable attorneys' fees, and any actions or
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Page 5of11
proceedings in connection therewith, incurred in connection with, arising from, due to or as a
result of the death of any person or any accident, injury, loss or damage, howsoever caused, to
any person or property as shall occur in or about the other Owner's Property including within the
area of the Easements, or resulting from the negligence or willful act or omission of the agents,
ents
employees or contractors of such owner, wherever the same may occur, except claims resulting
g
from the negligence or willful act or omission of the Indemnified Party, or of its agents,
employees or contractors.
4.4 Indemnified Parties. For purposes of this Article, the term "Indemnified
Parties" means each Owner and their respective employees, officers directors, managers,
members, partners, trustees and agents.
ARTICLE V
I LSPUTE RESOLUTION
5.1 E ed to .Ra otui n. All disputes (including deadlocks) (each, a
"Dispute") between some or all of the Owners arising under or with respect to this Agreement p gr t n
shall be resolved by final and binding arbitration as provided under this Section, except that an
action to foreclose a lien created by this Agreement (if the amount is not in 1 dis uteshall be
dispute)
prosecuted in a court having jurisdiction thereof and shall not be subject to the provisions of this
Section 4. l . Without limitation of the generality of the foregoing, all Disputes the
• g p' concerning
necessity for maintenance, repair or replacement of the Easements, as the case may be, and
selection of contractors to perform any such maintenance, repair or replacement, shalt be
resolved Pursuant to this Section. All disputes about whether any Dispute ute is . subject to this
p,I
arbitration provision shall be resolvd by arbitration pursuant to this Section and each .Dart
hereby waives any and all rights to commence iy
g or prosecute any action for the
determination of whether a particular matter is subject to the arbitration provisions set forth in
this Section 4.1. In the event of any Dispute, any Owner may commence arbitration proceedings
p �
pursuant to this Section as follows: (a) such Owner shall notify in writing each other Owner that
is a party to the Dispute of the commencement of arbitration specifying
proceedings, the nature
of the Dispute and the resolution demanded by such Owner, and the selection of a qualified
arbitrator ("Claimant's Arbitrator"); and (b) each other Owner that is a party to the Dispute
ute
p
shall promptly select a qualified arbitrator (each, a "Respondent's Arbitrator"); and (c)
Claimant's Arbitrator and all Respondent's Arbitrators shall promptly select a third qualified
arbitrator (the "Third Arbitrator"). If the amount in dispute is less than $10,000.00, the
Dispute shall be resolved by a single arbitrator, who shall be the Third Arbitrator. If the amount
in dispute is equal to or exceeds 10,000.00, the matter shall be . resolved consisting
l by a panel of cons�s��»
of the Claimant's Arbitrator and th.e first Respondent Arbitrator- to be selected and the Third
Arbitrator. A hearing will be held by the single arbitrator or the panel of arbitrators, as the case
may be (collectively, the `Expedited Arbitrators") within ten (10) business days after the
selection of the Third Arbitrator or the Neutral Arbitrator, as the case may be, at which all parties
to the Dispute shall be present. A person shall be a qualified arbitrator only if such person has
not less than ten (10) years' experience with respect to the nature of the matter in dispute (such
as for
example, if applicable, a construction engineer, construction manager or property
manager) orisalaw lawyerjudge,�:, ... p' p ' e r retired that has not less than ten (10) -ears experience in
Colorado acting as an arbitrator of commercial disputes, in all events,with r� and, whom the parties
to the Dispute have had no business relationships during the period of three rior to the
(3) years p'
4229459 08/18/2016 04:54 PM
Page 6 of 11
selection of the person as an Expedited Arbitrator. The Expedited Arbitrators shall comply with
the Commercial Arbitration Rules of the American Arbitration Association, subject to whatever
modifications they deem reasonable or necessary to comply with the expedited nature of
resolving Disputes. The Expedited Arbitrators shall permit each party to provide a statement and
evidence as to its position. The Expedited Arbitrators may inspect the Properties and/or any
plans or other documents they deem relevant and shall make a decision as promptly as possible,
which decision shall be final and binding on the Parties to the Dispute and shall be non -
appealable and judgment may be entered upon such results in accordance with applicable law in
any court of competent jurisdiction. Each Party to the Dispute pay the costs and fees of the
Expedited Arbitrator selected by such Party and a pro -rata share (based on the number of Parties
to the Dispute) of the costs and fees of. the Third Arbitrator or the Neutral Arbitrator, as the case
may be. This arbitration provision is irrevocable and provides the exclusive forum for the
resolution of all Disputes. The provisions of this Section 4.1 may be specifically enforced.
ARTICLE VI
GENERAL PROVISIONS
6.1 No o Public_ Dedication. No provision of this Agreement and nothing done
pursuant hereto is intended to or shall be deemed to grant or convey to or create any rights in the
g
general public with respect to the Easements, Lot B Owner or all of the Owners acting together
shall have the right, at any time and from time to time, to close temporarily any portion of the
Easements, as the case may be, or take any other action it or they deem reasonable to prevent any
y
dedication of. the Easements; provided that, if Lot B Owner so acts, its shall notify all other
Owners, inwriting, in advance of any closure. This Agreement may be amended, modified or
revoked by a written instrument signed only by all of the Owners and any holders of liens
affecting the Properties and the consent, approval or execution of any other party including any
member(s) or representative(s) of the general public shall not be required.
6.2 Liens Sthect to Mortgages and Deeds of Trust. Each and every lien granted
by this Agreement is and shall be subordinate to any and all mortgages and deeds of trust now or
hereafter encumbering the Property against which the lien is asserted, provided that such
mortgage or deed of trust is granted in favor of a bank, savings and loan association, credit
union, insurance company, pension fund, or any other financial institution or is granted in favor
of a seller of the applicable Property. The foreclosure of any such mortgage or deed of trust shall
not impair or limit the personal liability of the Owner of such Property for all charges described
in this Agreement attributable to such property accruing prior to the date on which fee simple
title to such Property is transferred pursuant to such foreclosure.
6.3 Easements to Run with the Land. Each of the easements granted and contained
herein and the terms, conditions, restrictions and limitations contained herein shall run with the
burdened land and shall be appurtenant to the land benefited thereby and shall inure to the
benefit and the use of any Owner or Owners of all or any part of the benefited land, their
successors and assigns, such that a transfer of legal title to all or any part of such land shall
automatically transfer those easements hereunder benefitting such land.
6.4 Personal Liability. Each Owner shall be personally liable for payment of all
charges (including interest and attorneys' fees) described in this Agreement attributable to such
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Page 7 of 11
Property accruing during the period of such Owner's ownership of such Property or attributable
to such Owner. Each future Owner of a Property, by its acceptance of a deed to its Property,
shall be deemed to have agreed to pay such charges and to be personally liable for the payment
of such charges accruing during the period of such Owner's ownership. No Owner may avoid
such personal liability by abandonment or cessation of use of its Property or the Easements.
63 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the Owners and their successors and assigns. However, each Owner of a Property, part
p Ya or any
thereof, shall be responsible for performance of its obligations set forth herein only during the
period of its ownership of such Property. Upon any bona fide conveyance or other transfer by
such party of its entire ownership interest in the subject Property, the transferor no longer shall
have any liability for the performance of obligations arising hereunder after the date of
conveyance or transfer. Such party's successor or assign shall, upon acquisition of fee title to
such Property, automatically assume the agreements hereunder with respect to such Property to
P �'
the extent the same arises subsequent to the date thereof and during the period of its ownership.
P
In the event of the transfer of portions of a Property to owners who are required to be members
of a homeowner's or property owner's association, such association shall be deemed to he a
Party to this Agreement and the individual members of such association shall not be Parties to
this Agreement; provided, however, that any lien provided for in this Agreement with respect to
such Property shall continue to be available and applicable to such Property in its entirety.
6.6 Remedies. If any Owner commences any action or proceeding against any other
Y
in order to enforce the provisions hereof, such Owner shall not have any right to terminate or
rescind this Agreement, such rights being expressly waived. Such Owner shall have all other
rights available under this Agreement or at law or in equity, including, without limitation the
right to foreclose any applicable lien provided for in this Agreement, to recover damages and to
obtain injunctive relief The prevailing party in any such action shall be entitled to recover from
the non -prevailing party, in addition to any other amounts or relief otherwise awarded, all
reasonable attorney's fees and costs incurred in connection therewith.
6.7 Term. The term of this Agreement, and the benefits of the provisions hereof, shall
be perpetual.
6.8 No Rigid to Terminate. No breach of this Agreement shall entitle any Owner to
cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect in any
manner any other rights or remedies which such Owner may have hereunder by reason of such
breach.
6.9 Estoppel Certificate. Each Owner, upon written request from time to time of
another Owner, shall issue to such other Owner, its lien holder or a prospective lien holder of
such other Owner� �� � �, p P _
or to a prospective successor Owner to such other Owner, an estoppel
cett .f sate stating: (i) whether the Owner to whom the request has been directed knows of any
default by the requesting Owner under this Agreement; (ii) whether to its knowledge this
Agreement has been modified or amended in any way (or if it has, then stating the nature
thereof); (iii) that to the Owner's knowledge this Agreement as of the date is in full force and
effect; and (iv) such other matters concerning this Agreement as may reasonably be requested.
This statement shall act as a waiver of any claim by the Owner furnishing it to the extent such
4229459 08/18/2016 04:54 PM
Page 8 of 11
claim is based upon facts contrary to those asserted in the statement and to the extent the claim is
asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to
the contrary of those contained in the statement, and who has acted in reasonable reliance upon
the statement.
6.10 Exhibits. All exhibits to this Agreement are incorporated herein and made a part
hereof as if fully set forth herein.
6.11 Severability. If any provision of this Agreement as applied to a particular
circumstance shall be adjudicated as or otherwise become illegal and unenforceable, such
illegality shall not affect the enforceability of any other provision of this Agreement, or the
offending provision as applied to circumstances for which it is enforceable, it being intended that
all provisions of this Agreement be valid and enforceable to the fullest extent legally permissible.
6.12 Negation of Partnership. None of the terms or provisions of this Agreement
shall be deemed to create a partnership between the Parties in their respective business or
otherwise, nor shall it cause them to be considered joint venturers or members of a joint
enterprise.
6.13 Notices. All notices and other communications required under or otherwise to be
given in connection with this Agreement shall be in writing and shall be effective only if given
by recognized overnight courier (such as Federal Express), or by U.S. mail, registered or
certified, postage prepaid, addressed to the Owner of each Property. Any such notice shall be
deemed to be effective on the earlier of the date of actual receipt or the third day after the same is
deposited with the United States Postal Service or the first business day after the same is
delivered to a reputable overnight courier_ Any Party, by notice given as provided above, may
change the address to which future notices shall be sent.
6.14 Time is of the Essence. Time is of the essence of this Agreement and every term
and provision hereof.
6.15 No_ Waiver. The failure of any Owner to insist upon strict performance of any
term or provision of this Agreement shall not be deemed a waiver of any rights or remedies
which that Owner may have hereunder, at law or in equity, and shall not be deemed a waiver of
any subsequent breach or default in such term or provision.
6.16 Counterparts, This Agreement may be executed in counterparts, each of which
shall be deemed an original document, but all of which together shall constitute a single
agreement. For purposes of recording this Agreement, an original signature page from one
counterpart may be attached to another counterpart.
6.17 Captions,. The section headings are inserted only for convenient reference and do
not define, limit or prescribe the scope, intent or meaning of this Agreement.
6.18 Transfer Dues of xtir nisi) Lien. A transfer of any Property, or any part of
any Property, shall not extinguish any lien created pursuant to this Agreement to secure any
amount payable pursuant to this Agreement.
4229459 08/18/2016 04:54 PM
Page 9of11
6.19 Governing Law. This Agreement shall be governed by the laws of the State of
Colorado.
IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first
set forth above.
GRANTOR:
By_
Name:
Its:
STATE OF Nial
niiaksi
COUNTY OFC:�stu.N 1.�U-
ss.
Morr Assets, LLC,
a North Carolina limited liability company
ratis.W11
%Ir
,The foregoing instrument w cknowled _ ed before me this St ay of frit
°)Ikeiteit rit'4041 5SVL as Manager of Miorr Assets, LLC, a North Carolina limited liability
of such company.
WITNESS my hand and official seal.
My commission expires:
ben es quints j ��i
(SEAL) J
P
I
NOTARY
p.
*kEuno cOi,
I
44
LI,
•
4
2016, by
pay, on behalf
n� - .
4229459 08/18/2016 04:54 PM
Page 10 of 11
GRANTEE:
(SEAL)
STATE OFNV
COUNTY OF
frcgoin instram
and
Revocable Trust dated June 19, 2009.
KERB LYNN KINNISON REVOCABLE TRUST
dated June 19, 2009
By: 1,01
Its: ConTnistee
By:
Its:
(91
SS.
owledged before me thisi day o ir 2016, by
(Mt 5&y\ as Co -Trustees of the K Lynn Kinnison
WITNESS my hand and official seal.
My commission expires:
01W
S
VgAR
4229459 08/18/2016 04:54 PM
Page 11 of 11
EXHIBIT A
T1 N RS7W
c 1/40 533
2006
PLS 24307
e
tsal
r
T i Ti R67W
S 1/4
S33
r1 s R67w
1999
LS 12374
It
E
50 -POUT EASEIA=ENT GRANTED TO
pANNANott vision nitwit
COIdPAHY RLCOROED QED, 17, 1973
LINDER RLCEtnOU No. 162048. IN
BOOK 705
CtNTER i/4 CORNER SECTION 33, TOWNS EP 1
NORTH, RA$4CE 6? WEST. FOUND A is tAEa $ wmi
NO CAP. PLACED A 2 1/2' ALUM. CAP ON E2
STAMPED A5 SI+CWI+
LOT A RECXi6-0078
6.84 ACRES
GROSS AND NET
LOT B RECX16-0076
71.46 ACRES GROSS
70.64 ACRES NET
SSU"50"20"E 431.68`
"' SEC 4
T15 RIM
1WI 1
LS 25937
4
30 --FOOT ACCESS AND IiTIIJTY
EASEMENT FOR THE BENEFIT OF
LOT A OF RE -4407 AND SE -1083
RECEP 71014 3449326
2
$
t
O FOOT FUTURE NIGHT -W -WAY
PER ADAMS Cassi'TT
Dann 040ssiess
COUNTY ACCESS
a
;569'56"56"E 687.764
COUNTY i ROAD 2
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CENTERLINE JANUARY 10. 1903 80OK 9 PAGE 609
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TOwNSNIP 1 SOUTH, RmGE 67 WEST.
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CURVE TABLE
CURVE*
ARC LENGTH
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CHORD BEARING
CHORD LENGTH
C1(CL)
94,77
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MOCI
LEGEND
FOUND OR SET SECTION CORNER
AS NOTED.
= FOUND OR SET ONE —QUARTER CORNER AS
NOTED.
me FOUND OR SET CORNER AS NOTED.
SET 18" $5 REBAR WITH 'fELL#W
PLASTIC CAP RAWER P1S 24307
o FOUND 45 REBAR VNIR YELLOW
PLASTIC CAP HAMMER PLE 24307
SEP a
1'B •
EAST 1/16 COIF SECTION 33.
ICW0SSP 1 NORTH, RANCE 67 WEST.
FOUND A 2 1/2" A4LU#41. CAP AS
WUTNESS CORNER sTAMPt0AS SHOWN
GAS SEPARATOR
TANK BATTERY
GRAPHIC SCALE
(IN FEET)
1 Inch it 200 ft.
Sec, 23.3-
230. - C-3
(Business
Commercial)
Zone
District.
Ov-kohMen‘ c -W .2J
A. Intent The purpose of the C-3 Zone District is to designate a1 as of corromerce for the bo ieftt of the bro3der re -pion, au& as Inge -scale regional shopping canters and entertainment districts. O-3 District properties
may require large amounts d space or generate high traffic volumes. Properties zoned C-3 are lyp cIly to rd near hiclh.trafllc conridas.
B. Uses Allowed by Right No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for
one (1) or more of the USES listed in this section.
1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet In height per LEGAL LOT (See Section 2;1.4.895.)
2, PUBLIC PARKS.
3 PUBLIC SCHOOLS
4. TELECOMMUNICATION ANTENNATOWERS up to thirty-five (35) feet in height.
5. UTILITY SERVICE FACILITIES.
C. Uses allowed subject to Slte Plan Review. The following USES shall be allowed In the C-3 Zone Dle.trio following,approval sari recording o! a Si:a Than in accordance with Article II, Division 3, of this Chapter. Any USE
conducted outside of an ENCLOSED BUILDING she be SCREENED from adjacent PUBLIC RIGI- TS-dF-WAY and ADJACENT LOTS in any Zcue Dieirlri other i.3
1. AGRICULTURAL SUPPORT AND SERVICE.
2. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES.
3. CAR WASHES and gas (Mations.
4. CHILD CARE CENTERS,
5. CHURCHES
6. COMMERCIAL SCHOOLS
7, COMMERCIAL STORAGE BUILDINGS.
8 COMMUNITY BUILDINGS
A. CONTRACTOR'S SHOPS.
10. CUSTOM MEAT PROCESSING.
11 DISTRIBUTION CENTERS.
12. EVENT FACIUTIES.
13. FUNERAL HOMES and mortuaries.
14. Golf courses
15. Headquarters or service facilities for taxi services, bus services and other services involving the transportation cf people_
16. HOSPfTALS, nursing homes, rehabilitation centers.
17. HOTELSIMOTELS_
18. INDOOR SHOOTING RANGES.
19. LANDSCAPING COMPANIES.
20. LUMBERYARDSNVOODWORKING,
21 NIGHTCLUBS, BARS, LOUNGES OR TAVERNS.
22. OFFICES.
23. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties
24. Parking areas and parking STRUCTURES.
25. Ponds, ambulance, and fire stations or facilities.
26. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
27. REPAIR SERVICE ESTABLISHMENT.
26. RESTAURANTS,
29, RETAIL/SERVICE ESTABLISHMENTS,
30, SCHOOLS, private.
31 THEATERS and convention halls.
32. VEHICLE RENTAL, SALES, SERVICE arid/or REPAIR ESTABLISHMENTS.
33 Veterinarian clinics and animal hospitale.
34. WHOLESALETRADE ESTABLISHMENTS.
D. Accessory Users, The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 Zone District so long as they are dearly incidental and ACCESSORY to an allowed USE and included on an
approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3,
1. Loading areas
2 One (1) SINGLE-FAMILY DWELLING UNIT when used as living quarter° for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where
midi DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING
a STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-230.6. or Section 23-3-230 E., not including CARGO CONTAINERS.
4. WIND GENERATORS allowed as ACCESSORY USES In Feely:el fl`b_$- : rk_t) of this Chapter.
E. Uses Allowed by Permit, No USE hated in this Subsection shell commence construction or operation In the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services.
1. LIMITED EVENTS permitted under Diyisioo 18of Article IV of this Chapter.
2. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV
of this Ch enter.
3. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet In height per LEGAL LOT permitted under Section 23-4-85.
4. TEL ECOMA4UNJCJ4T/O S ANTENNA TOWERS h6Fw4;1ea? ttkfp-hoe (31 sew) Dewey fro' fsaq in height penrgIted amier EVSiitstion f V .4nkAa JV tar PS Chaptar
5. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
6. WIND GENERATORS requiring a zoning permit under Division 6 of Article iV of this Chapter.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES end USES may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the
requirements of Article II, Division 4 of thie Chapter.
1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
2. Aephait or concrete batch pfante.
3 CEMETERIES.
4. KENNELS
5. Open MINING and processing d minerals.
6. PIPELINE - DOMESTIC WATER in accordance with Division Got Article II of thie Chapter.
7. RESIDENTIAL THERAPEUTIC CENTERS.
8, TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter.
9 Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit.
10. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District
11. Veterinary clinics or animal hospitals.
12. WIND GENERATORS requiring the issuance et Special Review Permit under Division 6 of Article IV oaf this Chapter.
{Weld County Codification Ordnance 30CO- I; Weld County Code Ordnance ncae 2002-94: Weld County Code Ordinance 2003.1O: Weld County Cohn Ordinance 270501; Wold County Code Ordinance 2007-1: Weld County Code
Ordinance 2007-14; Weld Courtly Cate tardlrneuae 2008-16: Weld CountyCode Ordinance ' 18 ; Weld County Corte. Ordnance 1=131; Wald County Code Ordinance r. 1a Weld County Code Ordinance 2013.15: Weld County
Coda Ordinance anic:21,: Weld County Code Ordinance 2 4' ts.-2r : Weld County Code Ordinance MUSE.: Weld County Code Ordinance sit -OS . Weld County Code Ordirnence 20_O .02 «'lltleld County Code Ordlnenco t5- d t
Weld County Code Ordinance fr: Th 11_: Weld County Code Ordinance 2(W. ,., Ward County Code Ordinance Wald County Cods Ordinance 2L' r' -.j
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WELD COUNTY, CO
Home Mtipsiteleameideaettome ! Government tps /tenevar r tGcrrr aminij I Departments
nansenvemeaveldsow/G ver mentiDep-nment i / Planning aid InningI(http5IN.ww.vietgIwl iernrtrenti ,recent tPl:rulErwg-and-
Zoning1 !Riett Do Farm - Argriteltere to Wed Comity
Right to Farm - Agriculture in Weld County
Weld Cownty is an meal empire it 2.5 million acres of which 7S+1% fs
devoted to farming and rates ilwestodelikild Courdy I6 Ceiendo's leading
producer of cattle grain, saw ice. and lkthestate's leading duty
producer. Weld is the tidiest agricuttizai county In the United Stabs eau(
of
the Rocky Mountains, leads the state in the value ofafladturai produds sold,
and Is typically In the top ten richest overall nationdy.
There are over 3,000 farms In Wed County. Over Mot the farms have
annual sales In _ of $100,000. In total, Weida agricultural al
annually create over $1 Sion of marlutarattat
Fertte fields of green can be found Iry eery part of the County. lareonew
ovsr 875,000 acres of cropland Is pia Mud each year_ Of the 8'755.000 saes,
aver 300,000 MI5 is planted with twisted maps annually.
The stete'e Ideal climate, ready feed evallability and quality water make it an
ideal dam stage, The state is now the 16th largest dairy state in the natdoru Weld County is now the 21st largest dairy county in tine nation ere! Is
expected to increase production in the corrdng years.
For more information about Weld County, please see the 4rthern ColoL c rs gjj ggSff t`l'.iip tAtt .f aldatieleflt al
Weld County recognizes the right to farm
The intent of the agricultural goals in the Comprehensive Mani' to support all forms of the agricultural industry and, at the same tlrhe to protect
the rights of the private property owners m convert their eancuicuarai lanais to o.fi er app opriete land use The County recognizes the Importance
of mainbetrning large contiguous parcels of productive agriculturat lands in non -urbanizing areas of the County to support the ea moults of sole
requiredfr tarp rfc u(turaf operations
Weld Count land use policies support a high -quality rural character which respects the agricultural heritsga and traditional agricultural land
uses of the County, as agricultural lands are converted to other uses (excluding urban development). Rural character In the County Includes those
useswhidh provide rural lifestyles, rural -based economies and epportursftlrs to both live and work In rural area The natural landscape and
vegetation predominate aver the be tit tmemnmen! Agricultural land uses and development provide the visual landscapes tradhfanallyfound in
rural areas and communities.
Weld County Right to Farm Statement
Weld County is one of the most producttve agricultural comities in the United Std, typically rnnidrig in the top tan counties in the country In Intel
market values of agrkultural products sold. The rural area of Weld County may be open and spacious, but they are intensively used fur
agriculture. Persons moving into a rural area rest recognize and =sot there are drawbacks, Including conflicts with bag -standing Wader red
pollees and a loner level of services there In town. Along with the drawbacks come the Incentives which attract urban diftegari to Meseta to
rural real open views, spadat:snare wildlife, leek of day noise and congestion, and the rural atmosphere and way of life. Without neighboring
faints, those features which attract urban dwellers to rural Weld Camay wwou id quickly be gone forever.
Ar rtalttural urns of the land should not be expected to change their tang -established agricultural practices to accommodate the intrusions of
urban users Into a rural area. Well -run agriadturei activities wig generate off -site impacts, Inducting noise torn tractors and equipment; slow -
moving farm vehicles on rural nsadr due from animal pens, field work, harvest and gravel roads odor from animal confinement, silage and
mama smoW from ditch burning flies and mosquitoes; hunting and trapping of Wier, shooting sportst legal hazing of nulsanca wildlife and
the use of pesdddes and fertilizers in the fields, Including the use ur atrial spray. It is common practice rat agricultural p:olhxcers to utilize an
accumuledge of agricultural machinery and supplieste assist In their agricultural opera ionic A cane ntradon of miscellaneous agricultural
materials cr en producers a visual disparity between rural and urban arms of the County. Section 354.5-1or2, C.R.S. provides drat an agricultural
operation *all not be found to be a public or private nuisance If the agricultural operation alleged to be a nuisance employs methods or predicts
that are ammoniy or reasonably assodated with agricultu ref production.
Water has been, and continue to be, the lifeline for the agricultural comrruatl r. It Fs unrazPat}c to assume that ditches and reservoir! may eimp)y
be moved bout of the ways of residential development When moving to the County, property owners and residents must realize dory rannat take
water from frtgatlon ditches, lakes or other structures, unless they have an adjudicated right to the water.
Weld County cowers a land area of approximately four thousand (4,000) square miles In %b>sa (bwiaae the 3128 of the State of Delaware) with nTwrra
than three thousand men hundred (3,700) miles of stets and County roads outside of rnunldpaltties. The sheer magnitude of the area to be
served stretches available resources, Law enforcement b based on responses to compialnts more than on peels of the County, and the
distances which must be tzanveled may delay all emergency responses, including law enforcement ambulance and fire. Fire protection is usually
provided by volunteers who must leave their Jobs and families to respond to emergencies County gravel roads, no matter how often they are
bladed, will not provide the same kind of surfaa. expected from a paved nod, Sruee removal priorities man that roads from subdivisions to
arterials may not be cleared for several days after a Mar snowstorm. Services In rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must. by nem icy, b nitre salts=eifi Init than urban dwellers,
People one exposed to different hazards hi the Courtly than in an urban or suburban setting. Farm equipment and oilfield equipment pow and
Irrigation dttdto, electrical power for pumps and center pivot operations, high-speed traffic, sand burs, puncture vines, territorial inn dags and
llvestccic a nd open burning present real threats. Controlling children's activities ivities is important not only for their safety, but also for the protection
of the fa amens livelihood.
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road according to Weld County functional
mapping websites. In addition any areas that are
mapped for potential arterial near WCR 2 and
CR17 are labeled as "not constructed"
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Sustainable Traffic Solutions
Joseph L. Henderson PE, PTOE
Traffic Engineer I Principal
January 5, 2024
Chadwin F. Cox, PE
Western Engineering Consultants
127 South Denver Avenue
Fort Lupton, CO 80735
RE: Trip Generation Estimate for Walker Commercial in Weld County
Dear Chadwin,
Based on your request, 1 have prepared this trip generation letter to document the trip generation
for Walker Commercial that is located north of WCR 2 between WCR 17 and WCR 19. There are
eight total employees with six working oil -site. Access to the site is off of WCR 2. Figure 1
contains the vicinity map and Figure 2 contains the site plan showing the site access.
A trip generation estimate was prepared for the project using rates that are contained in the
Institute of Transportation Engineers Trig _Q_g ption 1 manual. Table 1 contains the trip generation
estimate that shows that the company is expected to generate 25 trips on an average weekday,
four trips during the morning peak hour, and four trips during the evening peak hour.
Feel free to contact me to discuss the contents of this report.
Sincerely,
Joseph L. Henderson, PE, PTOE
Project Manager / Principal
Wier Commercial Trip Gwwrar en Leiter
My Photo which shows building on
Lot B to Lot A house proximity. Note the
mowed and maintained property on
Lot A compared to Lot B
WW,LLC's photos submitted to Weld County show
unmaintained and weeds overgrowth, broken fencing
exterior storage tanks. Due to damaged fencing,
inside contents are mostly viewable to outsiders
Orr
Lot B was partially
mowed only around the
building in 2024- prior
Lot B property had not
been mowed since
2022.
04achreert4rik to
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Municipal Boundary
Interstate
a US Highway
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County Highway
Arterial
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17 Residential Constraints
Weld County Opportun ity Zon es
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TERMS OF USE
Thta product has been developed solely for Internal use only by Weld County.
Tha GIS database. appiketlans, and data In the pra.luct h subjact so cvnsta0t chmageatnd the accuracy and cuniplatenese cartnc+l be and is not goasanteed.
The designation el lute or parcels of land melt In thu database dun riot knp% that that lots or pat rob wore legally crested Or MS the land use comply Ohh applicable State or Local law
UNDER HO CIRCUMSTANCE SHALL ANY PAR 1 THE PRODUCE DE USED FOR FINAL DESIGN PURPOSES. LLD COUPITY MAKES IIO WARRAN til S OR GtlAIANIEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS,
ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN.
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110 Car tort fs
Sporting events
100 Sr in o tiobiies
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90 Lawnmowers
Power tools
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Weld county, com ado (.host C IAPTFR 11 I Ie1iith and A.
ARTIC 1.isIX Nure < Sec 14 941) - Maximum iii'.
SHOW CHANGES CD 4 Q, MORE
VOLVO* MAR?, 20Z1(Cunnicun
AK I ttLt V • HUIeS 0310 ltegu;atiotts for Homo
Art Establishments
ARTICLE VI - Domestic Septage
ARTICLE VII - Biosotlds
ARTICLE VW -- Rules and Regulations for
Methamphetamine Lal,ocatory Cleanup
v ARTICLE IX - Noise
Sec. 14-9-10. - Intent and applicability.
Sec. 14-9-20. - Definitions.
Sec. 14.9.30 - Prohibition of excessive
noise.
Sec, 14-9-50 - Measurement and
classification of noise.
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Sec. 14 x 40. - Maximum permissible noise
4.
ssa3eakrivit
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A. Sound levels shall be measured as prcmdcd for at _E•ccs ion 1:9:'Q betow.
L3, Sound levels are hereby established 3m' exit type of properly during specific how 5 Of I he day. Any sound Level which
exceeds the $vwl set lot a type of property at any time of day is pfcI4iMede
Land Use
Residential Property or Commercial At ea
InduStria Area flr Cdrailitlitifill AtUv4res
Nortpecit:ec1 Arezis
stn Noise ( (A ) O
StS0 ,
55 dB; (A)
SO dS(A)
SS d$
Maximum Noise fd8(,0',)
psw r- X10 aim,
m.
50 dB(A)
48(4)
50 A
C. Between the hours of 9:0O p.m, and 7:00 a,m., the noise levels set forth above may be exceeded by up to ten (10) decibels for
up to fifteen (1 5) minutes In a one -hour period.
D. Vehicles operating in the public right-of-way are subject to the following maximum noise levels:
12
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004 Vittot
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Source: L. 79: Entire part added, p. 1070, § 1, effective January 1, 1980.
25-11-305. Restriction termination. (1) Nothing in this part 3 shall supersede the
provisions of part 1 of this article.
(2) The authority to participate in federal implementation of remedial actions at
designated processing sites shall terminate at such time as the authority of the federal
government to perform remedial action terminates under the provisions of section 112 (a) of
Public Law 95-604.
Source: L. 79: Entire part added, p. 1070, § 1, effective January 1, 1980.
ARTICLE 12
Noise Abatement
25-12-101. Legislative declaration. The general assembly finds and declares that noise
is a major source of environmental pollution which represents a threat to the serenity and quality
of life in the state of Colorado. Excess noise often n has an adverse physiological and
psychological effect on human beings, thus contributing to an economic loss to the community.
Accordingly, it is the policy of tho general assembly to establish statewide standards for noise
level limits for various time periods and areas. Noise in excess of the limits rothis
provided in this
article constitutes a public nuisance.
Source: L. 71: p. 647, § 1. C.R.S. 1963: § 66-35-1.
25-12-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Commercial zone" means:
(a) An area where offices, clinics, and the facilities needed to serve them are located;
(b) An area with local shopping and service establishments located within walking
distances of the residents served;
(c) A tourist -oriented area where hotels, motels, and gasoline stations are located;
(d) A large integrated regional shopping center;
(e) A business strip along a main street containing offices, retail businesses, and
commercial enterprises;
(f) A central business district; or
(g) A commercially dominated area with multiple -unit dwellings.
(2) "db(A)" means sound levels in decibels measured on the "A" scale of a standard
sound level meter having characteristics defined by the American national standards institute,
publication Si. 4 - 1971.
(3) !'Decibel" is a unit used to express the magnitude of a change in sound level. The
difference in decibels between two sound pressure levels is tom. enty times the common logarithm
of their ratio. In sound pressure measurements sound levels are defined as twenty times the
common logarithm of the ratio of that sound pressure level to a reference level of 2 x 10-5 N/m2
(Newton's/meter squared). As an example of the effect of the formula, a three -decibel change is a
Colorado Revised Statutes 2023 Page 969 of 1373 Uncertified Printout
one hundred percent increase or decrease in the sound level, and a ten -decibel change is a one
thousand percent increase or decrease in the sound level.
(4) (a) "Industrial zone" means an area in which noise restrictions on industry are
necessary to protect the value of adjacent properties for other economic activity but shall not
include agricultural, horticultural, or floricultural operations.
(b) Nothing in paragraph (a) of this subsection (4), as amended by House Bill 05-1180
� 05-1180,
as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as
y
changing the property tax classification of property owned by a horticultural or floricultural
op erati on.
(5) "Light industrial and commercial zone" means:
(a) An area containing clean and quiet research laboratories;
(b) An area containing light industrial activities which are clean and quiet;
(c) An area containing warehousing; or
(d) An area in which other activities are conducted where the general environment is free
from concentrated industrial activity.
(5.2) "Motorcycle" means a sell=propelled vehicle with not more than three wheels in
contact with the ground that is designed primarily for use on the public highways.
(5.4) "Motor vehicle"' means a selfepropelled vehicle with at least four wheels in contact
with the ground that is designed primarily for use on the public highways.
(5.6) "Off -highway vehicle" means a self-propelled vehicle with wheels or tracks in
contact with the ground that is designed primarily for use off the public highways. "Off -highway
vehicle" shall not include the following:
(a) Military vehicles;
(1,) Golf carts;
(c) Snowmobiles;
(d) Vehicles designed and used to carry persons with disabilities; and
(e) Vehicles designed and used specifically for agricultural, logging, firefighting, or
mining purposes.
(6) "Residential zone" means an area of single-family or multifamily dwellings where
businesses may or may not be conducted in such dwellings. The zone includes areas where
multiple -unit dwellings, high-rise apartment districts, and redevelopment districts are located, A
residential zone may include areas containing accommodations for transients such as motels and
hotels and residential areas with limited office development, but it may not include retail
shopping facilities. "Residential zone" includes hospitals, nursing homes, and similar
institutional facilities.
(7) "SAE J1287" means the J1287 stationary sound test or any successor test published
by SAE international or any successor organization.
(8) "SAE J2567" means the J2567 stationary sound test or any successor test published
by SAE international or any successor organization.
(9) "Snowmobile" means a self-propelled vehicle primarily designed or altered for travel
on snow or ice when supported in part by skis, belts, or cleats and designed primarily for use off
the public highways. "Snowmobile" shall not include machinery used strictly for the grooming
of snowmobile trails or ski slopes.
Colorado Revised Statutes 2023 Page 970 of 1373 Uncertified Printout
Source: L. 71: p. 647, § 1. C.R.S. 1963: 66-354. L. 73: p. 1406, 47. L. 86: (2)
amended, p. 501, § 121, effective July 1. L. 2005: (4) amended, p. 350, § 8, effective August 8.
L. 2008: (5,2), (5,4), (5."6), (7), (8), and (9) added, p. 2101, § 1, effective July 1,. 2010.
25-12-103. Maximum permissible noise levels. (1) Every activity to which this article
is applicable shall be conducted in a manner so that any noise produced is not objectionable due
to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property
line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the
following time periods and zones shall constitute prima facie evidence that such noise is a public
•
nuisance:
Zone
7:00 a.m. to
next 7:00 p.m,
7:00 p.m. to
next 7:00 a.m.
Residential 55 db(A) 50 db(A)
Commercial 60 db(A) 55 db(A)
Light industrial 70 db(A) 65 db(A)
Industrial 80 db(A) 75 db(A)
(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in
subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen
minutes in any one -hour period.
(3) P eri n di c, i rnp n l g; ve, or 011411 ruQi& e c Cha11 bu c ane idorcd a public nuioanoo when ouoh
noises are at a sound level of five db(A) less than those listed in subsection (1) of this section.
(4) This article is not intended to apply to the operation of aircraft or to other activities
which are subject to federal law with respect to noise control.
(5) Construction projects shall be subject to the maximum permissible noise levels
specified for industrial zones for the period within which construction is to be completed
pursuant to any applicable construction permit issued by proper authority or, if no time limitation
is imposed, for a reasonable period of time for completion of project.
(6) All railroad rights -of -way shall be considered as industrial zones for the purposes of
this article, and the operation of trains shall be subject to the maximum permissible noise levels
specified for such zone.
(7) This article is not applicable to the use of property for purposes of conducting speed
or endurance events involving motor or other vehicles, but such exception is effective only
during the specific period of time within which such use of the property is authorized by the
politicalsubdivision or governmental agency having lawful jurisdiction to authorize such use.
(8) For the purposes of this article, measurements with sound level meters shall be made
when the wind velocity at the time and place of such measurement is not more than five miles
per hour.
(9) In all sound level measurements, consideration shall be given to the effect of the
ambient noise level created by the encompassing noise of the environment from all sources at the
time and place of such sound level measurement.
(10) This article is not applicable to the use of property for the purpose of
manufacturing, maintaining, or grooming machine -made snow. This subsection (10) shall not be
Colorado Revised Statutes 2023
Page 971 of 1373 Uncertified Printout
O4tcttWM"4 14
la*
TODD CREEK
VILLACE
December 1, 2017
WW_ LL,.•
Julie Walker Coleman
9896 Rosemont Avenue. #103
Lone Tree. CO 80124
RE Conditional Will Serve Letter for Parcel Number 1-f,C;334 ®}()- 2 Weld County. Colorado -
Owner: WW. LLC
Property address: 8621 CR 2, Brighton Co
Dear Ms. Coleman:
You are the owner's representative of Parcel Number 1461433-W0042 Weld County, Colorado (the
"Property") located on the North side of WCR 2 and West side of WCR 19 in Weld County, Colorado. The
Property is located within the service area of Todd Creek Village Metropolitan District ("TCVMD"). It is
the understanding of'TCV1VD that you fiend to subadivide and develop for multiple end uses (the "Site")
on the Property. Therefore, this sitels the subject of this conditional will serve letter from TCVMD,
TCVMD is willing to provide potable and nontpotable water service ("Service") to the Property subject to
the foflowing conditions, which shall be conditions precedent to any obligation on th.e part of TCVMD to
provide service:
1. You shall pay TCVMDis then current water tap fees and all other fees, rates, tolls and charges
imposed pursuant to TCVMD's then current rules and regulations.
2. You shall design, construct, acquire easements and install any and alt infrastructure required or
deemed necessary by TCVMD to provide Service your Property (including but not limited to: service
taps, service lines, mainlines or any other improvements and facilities required, including any permits or
improvements required by Weld County for work within County .D.W.). You shall design all such
inemstnicture according TCVNID's design standards and in accordance with TCVMD's rules and
regulations. Further, you shad reimburse TCVMD for any and all costs it incurs related to its review of the
infrastructure design, construction and installation, including reimbursement of its engineers and
consultants,
3. You understand and agree that TCVMD will not provide sewer services to the Property via
this agreement; rather, only potable and nonepctablc water services will be provided by TCVMD. A
separate sewer agreement will be required if sewer service is requested.
4. You shall enter into a written tap purchase agreement reaffirming your willingness to be
bound by, among other terms. those set forth in this will serve letter.
4110
TODD CREEK
T i ALA
VILGE
TCVMD will pnwide you with non -monetary assistance in your acquisition of easements necessary
to provide for offsite infrastructure to allow TCVMD to provide Service to the Property In addition,
TCVMD provide the terms of, and administer, reimbursement or cost recovery agreements related
to the installation or upsizing of offsite facilities or infrastructure designed and constructed by you
benefiting future development receiving Service from TVCMD The standard life span of such
reimbursement agreements is ten years.
Potable and non -potable water service will be provided to the Site subject to and conditioned upon the
terms of the TCVID's rules and regulations as they may be amended from time to time and the
payment of all fees; rates and charges imposed thereunder, This commitment shall run only to the Site
and shall not be transferrable or assignable in any manner whatsoever.
This conditional will sere commitment shall not be effecti % e until you enter into a tap purchase
agreement with TCVMD indicating your willingness to be bound by the terms set forth herein.
If you have any follow-up questions or concerns, please do not hesitate to contact me
Vera truly yours,
Todd Creek Village Metropolitan District
I I 4'
f
< j' '
tr
. fr• e!/
I 4
es Se
Don Summers
Secretary, Board of Directors
_p
cc Blair Dickhoner, District Counsel
Todd Creek Village Metropolitan District - Board of Directors
Diana Aungst
From: Michael Sedio <mjsedio1 l @gmail.com>
Sent: Friday, June 7, 2024 3:04 PM
To: Maxwell Nader; Diana Aungst
Subject: Fwd: Case COZ24-0002; zoning change
N
d
a
a
EXHIBIT
4
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Weld County Planning,
My wife, child and I own and live on our property that is adjacent to the one being considered for zoning change to
business commercial.
We strongly oppose the change from Agricultural zoning to business commercial.
We purchased our property largely for the attraction of living and raising our daughter in a rural / agricultural area. We
have since built a custom home on the property which is consistent with the types of homes that surround us.
First I oppose the change due to the visual impact that commercial operations and equipment would bring. This impact
is directly in our field of view from our home and even more so from the recreational areas of our yard,
Secondly, I opposed the change due to the excess industrial noise that will surely accompany commercial
operations. We moved here to be able to live peacefully in concert with the rural/agricultural environment and living
adjacent to a commercial business would be anything but quiet and relaxing.
Third, commercial operations often generate chemical smells, smoke and various particulates which we should not be
subjected to in our home which was built in an agriculturally zoned area.
Lastly, our local road, County Road 2 is in disrepair and often presents drivers with dangerous situations. Adding truck
traffic that accompanies the commercial business will add to the degradation of the road, traffic interruptions and
delays as well as more dangerous passing as drivers attempt to get around slow moving and turning commercial
vehicles.
I urge you to oppose the zoning change as well.
Best regards,
Michael Sedio
8293 County Road 2
Brighton, CO. 80603
1
To: Weld County Department of Planning Services
From: Robert & Sheila Morelli
Date: 6-7-2024
RE: Letter of Objection to Case # COZ24-0002
EXHIBIT
Change of zone from Agricultural Zone District to the C3 Business Commercial
District.
Atten: Diana Aungst
We recently received a letter with proposed plans to consider changing an
Agricultural/Residential zoned property to Business/Commercial directly behind us. This has
been an Agricultural/Residential Community with well over 35 homes surrounding this section.
It is zoned that way from the County for the purpose of having families like my own to raise our
children and nurture a ranch and farm environment. We should ask ourselves how can
neighborhoods with livestock blend with C-3 Business/ Commercial zoning that is so broad with
potential to have radical impacts on what already exist. The precedent with this decision has
many ramifications. We now currently live across the street from the RV Storage that was
passed from an old USR ruling which has its own challenges. Traffic, noise pollution, and
increased crime. The storage facility did not meet the compatibility criteria for our AG Zoning
than and this is entirely more radical than that. We have seen increased activity for zone
changes from land owners who do not reside on their properties. We believe Weld County
should take a measured approach to the application of zone changes with a pause to see how
development continues under the current structure. If the county would look at the recent
growth in the area they would see an additional 6 to 7 residential homes built directly
surrounding the proposed site. Collaborate with the community and work towards
compatibility with a more structured approach.
We have many concerns with this proposal.
1) Uncertainty of what can be built across from our home. A C-3 Business/Commercial
Zone which is broad and has many potential unsuitable uses.
2) Increased traffic on CR 2 and CR 19 which are 2 lane roads with many accidents already.
3) Integrity of Residential/Agricultural Community that we enjoy residing in.
4) Devaluing homes within our community with the wrong type of businesses.
We moved here to enjoy the AG life like so many and have built a generational family estate to
enjoy for many years with our children and grandchildren.
My conversations with our neighbors who actually live on their land and have a vested interest
to protect the well being of their families, property and community oppose these radical
changes from AG/Residential to C-3 without having any type of proposal of what type of
commercial business is put in.
Please consider each resident as if it was your own home and what you would prefer for your
family if you were the one living there. We may have a community that is spread out because of
our acreages but we are a neighborhood of families that built our homes to be in the country
not in an industrial business park.
Regards,
Robert & Sheila Morelli
305 County Road 19
Brighton, CO 80603
303-378-6683
Robert@morelliranch.com
Sheila@morelliranch.com
To: Weld County Department of Planning Services
From: Rusty and Sarah Knels
Date: 6/7/2024
Re: Letter of Objection to Change of Zone COZ24-0002
Concerned Landowner in Weld County
Attn: Diana Aungst
We received a notice in the mail regarding Change of Zone (COZ24-0002) and we are
writing to state that we oppose the change of Zone from Ag/Residential to Commercial.
We are one of the residents who will be directly impacted by a change of zone for this
particular property. We own a house that sits directly on the western side of this parcel.
Five years ago, Mr. Walker (who owns this parcel), went through the County process to
change the zoning of this same plot of land. (USR17-0016). He wanted to change the
zoning to build a RV storage, self -storage, and multi building structures to house other
miscellaneous businesses. Our community came together at the commissioners meeting
to express our opposition to the change of zone, and the commissioners agreed with the
land owners that his parcel of land should remain left zoned as Ag/Residential for that
specific use. Since then, more homes in this area have been built, including ones that
directly border his land. There are N30 residential homes in this section and another 2 that
are currently under construction. We do not feel that more commercial property is
warranted in this section and encourage it to develop with more residential properties.
Another concern with commercial approval is that Mr. Walker can have any array of
businesses that he wants on that land. Adams County Planners have stated that they plan
to put residential development across that entire area along County Road 2 (directly south
of this property on the Adams County and Weld County tine). We would hope that Weld
County would not allow any more zoning changes to commercial in this particular area
when Adams County across the street is developing it as residential.
We hope that you will consider leaving the property zoned Ag/Residential.
Thank you
Rusty and Sarah Knels
Response to Letter
RE: Jim and Shirley Beliveau
8285 CR 2, Brighton
b
3
.O
EXHIBIT
_ 6_
The Beliveau's bought their property in December of 2021 with an existing 4500 sf steel
building. Later in 2022 they built a 3,000-sf house. The applicant's 6,000 sf building was
built in 2001 and was being used by a construction roll -off company, a race car
development company, a mowing company and others prior to the time of the Beliveau's
purchase. In the neighborhood there is a commercial pest control company, many large
shops which have commercial entities, a boat and RV storage facility and storage facility, a
large oil and gas operation, and a large light industrial storage area. The closest operating
farm to this property is on the corner of WCR 2 and Colorado Blvd. which has been rezoned
and annexed into Adams county for a mixed use development.
The Beliveau's house is over 1,000 feet west and downhill from the applicant's property.
Further there are many buildings east of their home as well as a 20 -foot elevation gain
going east. They have no view of our property from their house. The very north end of their
property is adjacent to our property and very close to our building.
The applicant's land is not ag Land. Historically more than half the site was used as a
reservoir. We have graded the land and moved the dam material to the west and east
forming berms that would shield the neighbors from view. 12 acres is listed as waste land
by the assessor. The remainder is marginal land with a few oil and gas easements. We have
tried to lease the land for grazing and all who have looked at it say that it is not feasible.
The applicant agrees that County Road 2 needs maintenance and there has been
significant construction recently to improve the surface going west of our property.
Yosemite Street has been paved this month between CR 2 and CR 7 and provides improved
north south access. Our initial plans included a dedication of 30 feet for future widening of
the road. Adams County has approved significant development plans south of CR 2 and we
would expect that would include widening and improving CR 2.
CR 2 is a County Road managed by two counties Weld and Adams. They have responsibility
for the roads. The County can require traffic studies and improvements to the roadways by
developers as property is developed.
Our request will allow us to use a vacant building. Traffic for the use of this building will be
minimal.
Response to Letter
RE: Kerri Kinnison
North Carolina
8/9/2024
EXHIBIT
Kerri Kinnison's many complaints about the applicant can be traced directly back to the
actions of Kerri Kinnison, (1(K).
1<1< built the 6,000 sf metal building in 2001 where it sits close to a farm house she rents
out.
1<1< used the building for commercial purposes for many years. Including renting to a
construction roll -off company. Running a commercial mowing business and running a car
racing and mechanics shop from the building.
In 2011 1<1< rented the building to a Construction Rolloff business, Kelly's Rolloff which used
the building as their primary business address, and to garage four roll -off trucks and the
adjacent property for storing empty roll -off dumpster containers, Kelly's Construction
Debris Removal rented 4000 sf of the 6000 sf metal building for a sum of $1800 / month
since 2011. KK supplied water and unpermitted septic system in her building since the
building was built in 2001. The remainder of the 6000 sf building was used as a mechanics
shop. This was used to work on the race car owned by the Morrical/Kinnisons as well as
other businesses which the Morricals and or Kinnisons engaged in including a mowing
business run by Ms. Kinnison's brothers who rent one of her currently owned properties.
Western Rolloff, which is owned by the same principles that own WW, LLC, purchased
Kelly's Construction Rolloff business and signed a new lease with KK in March of 2016. And
leased the 4000 sf of the 6000 sf metal building from Kerri from March to August of 2016 for
the sum of ''2000.00/ month. This lease included the use of water and the non -permitted
septic system attached to the building. In July of 2016, KK informed Western Rolloff that
she wanted to terminate the lease, that our renting the property was not in compliance with
currently Weld County code, and she wanted to sell the building and 72 acres of property.
The owners of Western Rolloff offered to purchase the property and informed Ms. Kinnison
of their intent, at that time, to continue to garage roll -off trucks from the facility and to
approach the county and go through the permitting process to allow the roll -off company to
continue to store roll -off trucks at the facility. In addition, discussed their intent to apply
to the county to use the adjacent property for other commercial entities including an
outdoor facility similar to the neighbors on CR 19. Ms. Kinnison accepted our offer and
WW, LLC was formed by owners of Western Rolloff to purchase the property in August of
2016.
In August of 2016 after the property sale was complete, Ms. Kinnison contacted us and told
u s that since we were no longer"paying" rent payments to her that she would no longer
allow us to use the water already supplied to the shop unless we paid the monthly water
fee. That fee is currently being paid by her through her mother who rents the house located
behind the shop which she mentions in her letter. We agreed to pay the monthly fee. In
fact we agreed to pay more than the monthly fee and paid her $120 / month from 8/2016 to
4/2017. The actual water fee at that time was ''70.00 according to AJ Goddard, the then
director of the Mtn. View water user's association. Western Roll Off used very little water
e ach month. The water meter never exceeded the allowed usage. These payments were
made directly to Ms. Sherroll Kinnison, the mother of Ms. Kerri Kinnison with her ongoing
knowledge.
KK drew up an access and utility easement which she recorded the day of closing. WW had
n o input into the drafting of the easement but accepted it at closing. The easement
provides access to the two farmhouses she rents out. Although Ms. Kinnison has lived in
Colorado and the property mentioned was at one time owned by her husband's family,
during the entire time we have known her Ms. Kinnison has lived in North Carolina.
1<1< complains how close one of them is to our building, despite the fact that she decided
the lot sizes for the two farmhouses. She recorded lot exemptions for the lots. The east
small cottage has no setback and the tenants complain often about anyone driving on the
e asement. WW, LLC had nothing to do with the size of the two lots. KK could have drawn
them at ten or twenty acres. We simply bought what she wanted to sell.
As mentioned earlier, just prior to purchasing the property WW, LLC learned that the use
was non -conforming. We immediately applied to Weld County for approval to continue
u sing the property. The planners asked what our plans for remainder of the property were
so we added other possible uses. Our proposal to develop this property and increase its
value was rejected by Weld County board of commissioners in 2017.
Once the county rejected the proposal, KK immediately turned off the water to the shop
despite agreeing to continue to supply water at the time of the sale. Her mother
immediately filed a complaint with Weld County code enforcement for the fact that a roll -
off business was being run of the building. The building was vacated by Western Roll Off in
October of 2018. The trucks were moved to another facility on the Adams County side of
CR 2 and were garaged for a sum of $500/ month.
In October of 2018 the principles of WW, LLC were approached by a Weld County business
in search of a new facility due to delay in construction of their building. This company,
Treatment Technologies, represented to us that their business was permitted to operate
within the current zoning of our property. We leased our building to Treatment
Technologies on a monthly basis with the assumption that their new building would be
completed within 6 months and they would move to their new facility. This is the company
mentioned several times in Ms. Kinnison's letter that had large trucks driving on the road.
The company, Treatment Technologies, was sent a notice from Weld County planning that
their business was in fact NOT allowed under Weld County code. Treatment Technologies
appeared before the Weld County board of commissioners, pled their case and were
allowed a "delay" in enforcement by the county. As soon as their facility was completed in
2019, Treatment Technologies vacated our shop. Since then the shop has sat empty.
Since 2019 and not at the request of WW, LLC, Weld county has designated our property as
well as other properties surrounding the corner of WCR 2 and WCR 19 as an opportunity
zone. We feel that our desire to use our building and the adjacent 72 acres will fit nicely into
the vision of the planning to commission to develop this vital corridor.
1<1< sold her husband's family's property. This property hasn't been farmed since the 1940s.
She took the money to North Carolina where they continue to work in the auto racing
industry. She sold the property but continues to advocate against uses that she herself
allowed in the building in the past. She contends the property should remain vacant,
fallow, and mowed state and that we should maintain the roadway which we developed
from the dirt path that existed at the time of sale. Her complaints are at best hypocritical
and give no mention of the large amount of money WW LLC has spent to improve the
aesthetics of the vacant land, the roadway, the fencing, and the privacy. To say that the
building will bring crime, noise, traffic and poor road conditions as well as her concern
about air quality, water quality and wildlife, seem odd. In fact every improvement to the
road, the fence, the sight lines of the property, and the planting of actual native grass on
this property has taken place since WW, LLC purchased the property in 2018. Not one
thing was done to improve the road, or property other than mowing of the grass during the
time Ms. Kinnison has owned the property. The only fences on the property prior to WW,
LLC's purchase were fences constructed by oil and gas companies, at their expense.
WW, LLC wants to work with Weld County planning as we have demonstrated from the
beginning. We want to improve our land and feel that allowing it to be zoned properly from
an opportunity standpoint is exactly the purpose of an "opportunity zone."
Response to Letter
RE: Rusty and Sarah I<nets
8295 CR 2, Brighton
8/9/2024
The I<nel's bought their property in March of 2014 and soon built an attractive home. Their
home is in direct line of site of our 6,000 sf building which was built in 2001 and was being
u sed by the owners for commercial uses at the time of I<nel's purchase. The applicant,
after purchase of the building in August of 2016, constructed a cedar fence in 2018 to
screen the parking areas around the shop for only one reason; to protect the view from
I<nel's house. There were no other houses at the time. No one asked or required the fence.
We built it only for them. Later we began earth moving to build a berm on our fence line the
e ntire length of their property line. Our plans were to plant trees and bushes and native
grasses on the berm. We did this on our own without anyone asking or requiring it. We will
continue to develop the property to screen and protect all our neighbors views, including
the I<nel's and other properties located almost half a mile away.
The area has many commercial uses including RV storage on CR19 and Self -Storage a
block east of 19 on CR 2. Our neighbor to the west is a large pest control business and
many of the nearby residents have large steel buildings much larger than ours. The land
adjacent to the east is zoned commercial but has yet to be developed. Directly east of our
property is a large metal building used for storage and multiple trailers and material storage
of every kind. There are two large scale horse boarding facilities on both sides of our
property, that certainly bring a lot of daily traffic in closer proximity to the I<nets property
than would any development on our property.
Due to code enforcement we can't store an RV or trailer or plumber's truck or electrician
truck inside our building. We can't rent our building that was built before most every
n eighbor built a house and a large steel building. We bought the building because we were
renting it from Kinnison for commercial purposes. She rented it for commercial purposes
for years prior to our occupancy.
Our request will allow us to rent or use the 6,000 sf building.
Response to Letter
RE: Robert and Sheila Morelli
305 CR 19 Brighton, CO 80603
8/9/2024
EXHIBIT
so
The Morelli's operate a huge successful business on their large tract of land. They have
built over 20,000 sf of stables, barns and sheds starting in 2006 with additions in 2013,
2015 and as late as 2022. They do live on their property, which they say should be the norm
for everyone. It could be soccer fields, an ice rink, or a roller rink - it would be similar in
traffic and customers. But it involves horses, so it is fine, and everyone loves horses. No
one complains about noise or smells or traffic or congestion because the business is
horses.
The Morellis want to have vacant land around their horses. They don't want to buy it; they
just want to control it. They want to live near a lot of people who can pay them to water and
feed their horses. Any other use brings pollution and crime and traffic accidents on rural
roads. They always neglect to point out that the 80 plus horses which are stabled on their
property create a minimum of 80 additional daily trips on CR 2 and CR 19 as their clients
visit the facility to feed, water exercise and care for their horses.
Unfortunately for the Morelli's, the neighbor on the south has a huge storage business and
the neighbor on the east has an RV storge lot and self -storage. His neighborhood is not all
residential. The neighbors who live on large lots build large steel buildings for their
business.
Kinnison built our 6,000-sf building in 2001 long before Morelli got there. It was used for
commercial purposes from the beginning. The Morellis want to know who will rent the
building and want to approve who they are and where they are from. As their neighbor, we
have never felt it was our place to know where the owner of each of the horses stabled at
their facility lives or works. Nor have we objected to the fact that they store a large number
of horse trailers on their property. We assume they charge for this storage and it seems
consistent with the storage facility across CR 19 and the property directly adjacent to them.
We assume the number of trips and the people who use their facilities impacts the roads
and the crime in the area in an equal proportion, if not more so, than any development that
may happen on our property.
The Morelli's live in fear. What kind of neighbors will come? Fear of traffic and crime. if you
want to live on 500 acres of land, then buy 500 acres.
Response to Letter
RE: James and Shirley Betiveau
8285 CR 2, Brighton
The Sedio's bought their six acre property in July of 2018 and built a 2400 square foot steel
building. The applicant's 6,000 sf building was less than 60ft from his property line and was
used by a construction roll -off company, Treatment Technologies, a mowing company, and
a car racing development company prior to and at the time of his purchase.
Mr. Sedio must not have been worried about visual impact or noise at the time of his
purchase. Four years later he built a 2600sf house. Now he imagines chemical smells,
smoke and dust.
Mr. Sedio mentions that there should be someone living on the site if they own a building
yet he built a building and didn't live nearby for four more years.
The applicant's building was built in 2001. Mr Sedio added his building to the neighborhood
in 2018. He doesn't want the applicant to use his building now that he built a house?
Mr. Sedio mentions the condition of County Road 2, which is a COUNTY road and the
applicant should be able to use it as any other land owner.
riagitaft..aa, u.re
Diana Aungst
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Kerri Kinnison <klkinnison@aol.com>
Wednesday, August 28, 2024 12:05 PM
Diana Aungst
Elizabeth Relford; Maxwell Nader
Re: Kinnison Response Letter
Weld County Letter 81924 response to WW, LLC letter.pdf
Flag for follow up
Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Diana,
Hello, I hope you are well.
I have attached my response to WW, LLC's letter that you forwarded to me on August 14, 2024.
I appreciate you forwarding me their letter for the opportunity to share my responses with the Weld
County Planning Board.
Per our brief phone conversation on August 16th, as you are aware, I will be unable to attend the
public planning commission hearing on September 3, 2024 at 1:30pm. You offered me access to view
the meeting with a live link and I would appreciate receiving that link when it becomes available.
Additionally, I would like to continue to be kept informed of all actions by Weld County regarding WW,
LLC's application proposal status.
Please feel free to reach out to me if you have any questions or concerns and I thank you for your
time.
Have a great day.
Regards,
Kerri Kinnison
On Wednesday, August 14, 2024 at 08:06:11 PM EDT, Diana Aungst <daungst@weld.gov> wrote:
Hi Kern:i
1
Please find attached a response letter from the applicant.
The letter you submitted has been reviewed by staff and added to the case file. Please note the Site Plan
Review is on hold until the Change of Zone is approved and no review has occurred.
Regards,
Diana Aungst
AICP, CFM
Principal Planner
Weld County Department of Planning Services
1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632
D: 970-400-3524
O: 970-400-6100
Fax: 970-304-6498
daungst@weld._gov
www.weld.gov
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2
Attn: Weld County Planning Board August 19, 2024
Response to Letter dated 8/9/24
By unknown author representing WW, LLC
I rebuke the response letter mentioned above as it is full of fraudulent and/or inaccurate statements
and should be considered irrelevant to Case #COZ24-0002. As previously noted, my documented
complaints are a direct result of eight years of negligent actions by WW, LLC including Weld County
violations and continued application requests to transform the area around my rural residential properties
into a commercial district with increased potential for crime, traffic, noise and unregulated commercial use.
The concerns previously addressed regarding the well-being of my family, future property values and
potential rural residential lifestyle changes are very legitimate.
Normally, I would not find it worthy of my time to reply to this kind of letter, however such
defamation needs a response to vindicate myself. WW, LLC's letter is bitterly written by an unknown author
in an attempt to portray me as a reason for the previous application rejection by Weld County. In fact, it was
WW, LLC's inability to prove to Weld County and opposing surrounding neighbors that the previous
application request met all requirements, fulfilled a need, or benefited the rural neighborhood and ultimately
didn't convince Weld County Board to vote for approval.
I appreciate the opportunity to provide Weld County again with accurate facts as they pertain to my
two properties that adjoin WW, LLC's property. I do not wish to engage in a debate of "he said/did, she said/
did", nor do I find it beneficial in this process that WW, LLC would submit a letter falsely distorting events
that took place over 10 years ago or prior to WW, LLC's ownership. Although county regulations have
continued to evolve, my property use back then had no conflicts with Weld County and are in vast contrast
to WW, LLC's prior uses and the C-3 rezoning request WW, LLC is currently proposing. I hope my
responses are helpful and clarify any confusion WW, LLC is trying to create. I encourage you to read the
two letters side by side in an attempt to follow along with WW, LLC's convoluted false accusations and
thank you in advance for your careful consideration when making important longterm ruling decisions:
BUILDING & FARMHOUSES: First, I did not build the 6,000 sf metal building, my father in law did
when he was on record with Weld County as property owner in 2001. The building was built near the main
farmhouse because the property was originally a single 80 acre parcel, therefore, it made sense to build
near the farmhouse for convenient access.
I did not use the building for commercial purposes. I, nor my family have ever ran a commercial
mowing business from this building. Additionally, my brother never ran a mowing business owned by
Morrical/Kinnison as WW, LLC falsely claims. My brother has used our personal equipment to mow and
provide winter road maintenance on the lot owned by WW, LLC out of necessity as WW, LLC has neglected
to perform the contractural Access and Utility Agreement obligations to properly maintain the property and
Easement which serves as the only access to all three lots as recorded with Weld County (Record
#4229459) August, 2016.
The building was constructed for personal use for my family to store vehicles, agriculture
equipment including tractors, box scraper and various equipment used to improve the land and maintain
the large 80 acre property. A portion of the building was used to store and maintain race cars for a family
hobby that my family participated in seasonally on weekends for many years until our father passed away.
The two farmhouses I own are not rented out. My mother has resided in the farmhouse near the
building since 2007 to the present and prior this house served as the primary/secondary residence of
myself and my husband from 1999-2009. The second property I own that adjoins WW, LLC's property
includes a farmhouse where my brother and his young daughter reside.
BUILDING RENTAL/LEASE: An adjoining neighbor, AJ Goddard, approached me and my husband
approximately at the end of 2012 suggesting someone he knew may be interested in renting a portion of
our building. My husband and I were primarily living in NC then so we pursued it at AJ's recommendation
as he did not express issue with this type of use or AG compliance. With my family living onsite, the rental
could be easily managed on my behalf.
Morr Assets, LLC (I as member manager) rented out a portion of the building for overnight truck
storage to Kelly Harmon, owner of Kelly's Construction Debris Removal for approximately 3 years ending in
March of 2016. This was initially a temporary trial, was contracted by a lease drafted by my attorney and
had strict terms of overnight truck storage with no business operations.
Kelly did not rent the building in 2011 nor was the building used as Kelly's business primary
address. Kelly and his wife Sally controlled day to day business operations offsite and used the address of
PO Box 1692 Broomfield, CO 80038.
Since I had not rented the building prior, Kelly provided a written statement that stated, "In the
event the County of Weld decides we need to relocate the trucks, we will not be liable for the lease". In
addition, in the Lease, Article 5, 5.4 stated that in the event of any action by a governing authority relating to
the premises to which the Tenant's use of the premises is deemed in violation will cause immediate
termination of lease. Kelly was required to enter/exit the property with his two truck drivers during
designated am/pm hours, adhere to noise control, dust control, glare control, building maintenance and
would have no operations other than overnight storage to not disturb the two farmhouses and surrounding
neighbors. This situation was in stark contrast to the operations that WW, LLC has used the property and
building for from 2016 on.
WESTERN ROLLOFF/WW, LLC CONTRACT TO BUY & PROPERTY DISCLOSURES: On
February 3, 2016, Kelly notified me that he was selling his business to Western Rolloff (same principal
owner as WW, LLC). His rent was paid thru March 2016 which completed the notice to vacate term in the
lease. I had no knowledge of the purchase or Western Rolloff's involvement with Kelly prior to his notice.
Western Rolloff acquired Kelly's business March 1, 2016. Prior to the sell both Kelly and Western Rolloff
were informed of my decision to discontinue renting/leasing the building.
During this time, I worked with Western Rolloff expecting them to vacate the premises as
discussed. Ralph, of Western Rolloff (of WW, LLC), approached us with wanting to purchase the property
known as Lot B, RE -4407 RECX16-0076. It was made clear on multiple occasions via phone calls, emails
and in Real Estate documents that the property was AG zoned, came with no water or supply access (as
future access tbd by Mountain View Water Users was unlikely) and property was AS IS condition. In
addition, Ralph was strongly encouraged to limit the building daily operations while there as they could face
possible upset neighbors and violations with Weld County if not in compliance. Ralph was told many times
the property was not a good fit for their operations because of the farmland/rural residential neighbors.
Ralph expressed WW, LLC may not continue to use the building/property and mentioned relocating
equipment to a different location, however, was adamant about purchasing the property even though it did
not conform to the needs.
On April 1, 2016, Ralph of Western Rolloff (WW, LLC) sent an email with an intent to purchase offer
and expressed his acknowledgment of the property being "AS IS" condition with no warranties as to the use
of the property, that it was AG zoned and not a reasonable possibility to rezone and had no reliable water or
water/sewer access to the building/property. In addition he stated "Nevertheless, I think it is a real
possibility we could stay as long as the use doesn't change much and there aren't any upset neighbors."
Ralph's written statement confirms that WW, LLC was fully aware about the property conditions, restricted
use of the property and surrounding neighbors prior to buying the property. For WW, LLC to state otherwise
or act now as if the restrictions or concerns didn't exist prior to purchasing the property is simply false.
A Contract to Buy and Sell Offer for Lot B RE4407, Recorded Exemption No.1469-33-4
RECX16-0076 was prepared by Julie, Ralph's daughter, of Walker Commercial, Inc and accepted on April
19, 2016. It was WW, LLC's responsibility as the Buyer to research, complete due diligence, verify and
inquire about County regulations/zoning and source water for the property and he had approximately seven
months before the closing date to do so. WW, LLC received full disclosures and was in AGREEMENT TO
ALL TERMS. Ralph has Commercial Real Estate and Construction industry related businesses and
experience and WW, LLC is not a victim in this situation. Ralph could have simply moved out of the building
as requested and not have offered to purchase the property however, that is not the choice WW, LLC took.
WW, LLC references a Lease that was implemented April- August, 2016 at the instruction of my
attorney and per the Contract to Buy Additional Provisions Addendum Section 33.3 (Short Term Lease).
This Lease covered the time between the contract offer and the property closing date since WW, LLC had
equipment stored in the building but was not yet the owner. In a statement, WW, LLC claims that I wanted
to terminate this lease in July, 2016 which is false as it was part of the Contract to Buy back in April, 2016.
Additionally, any personal discussions WW, LLC may or may not have had back then with Weld County
regarding a permitting process to get approval to continue to store roll -off trucks as the potential new
property owner were not conversations I took part in or were made aware of.
I disagree with the statement of knowledge of WW, LLC's intent to apply to the County for other
commercial uses on an adjacent property. The first time I became aware of potential commercial/mixed use
development intent by WW, LLC was in 2017 in the application request Case #USR17-0016, which was
ultimately denied by Weld County. On the contrary, Ralph mentioned wanting to remove all equipment from
the property to a better location for them because of potential issues with Weld County code compliance.
Ralph and I had a hypothetical discussion of potential development of a few 10+ acreage housing lots to
which I expressed my initial concerns with the Access and Utility Agreement and privacy but that I may not
be opposed if it was developed correctly. Unfortunately, no further conversations transpired.
WATER CLAIMS: After the property sale, WW, LLC requested to temporarily use my water while
supposedly in process of securing a required dedicated water source. The water sharing was to be a
temporary situation since I no longer owned the property. Again, it was disclosed to WW, LLC that Mountain
View Water was the governing entity and may not allow or could stop water at any time which ultimately
Mountain View Water did.
In 2017, I was informed by Mountain View Water that it was a bylaw violation to have a cross
connection sharing water from the house to the building and therefore demanded it be removed
immediately. I immediately flew back to Colorado to properly disconnect as instructed. In 2017, during WW,
LLC's Weld County application, inquiries to Mountain View Water requesting water taps and water source is
what prompted Mountain View Water to respond with the disconnect notice, as well as the eventual
application denial by Weld County Board. Accusations by WW, LLC that my actions were malicious or had
anything to do with WW, LLC no longer paying rent is simply false.
The Mountain View water bill has been paid by my mom and has been in her name since 2007.
Again, my mother does not rent the house as WW, LLC claims. WW, LLC did not pay $120 a month as
stated. To my knowledge at no time has Mountain View Water charged a $70 minimum monthly fee for
water from 1999- present.
EASEMENT ACCESS/AGREEMENT: The Access and Utility Easement that services access to
both of my lots as well as the Lot B owned by WW, LLC has been recorded with Weld County (Record
#3409326) since August of 2006 for the purpose of the one 80ac parcel being divided by subdivision
exemption allowances into 3 lots (Lot A, Lot SE, Lot B). This Easement was fully disclosed in the Contract
to Buy in the Additional Provisions Addendum that Ralph Walker, of WW, LLC signed on April 19, 2016.
There was an Access and Utility Agreement (Record #4229459) completed as part of the purchase
contract in order to provide a clear Agreement going forward since the properties would no longer be
owned by one owner. This Agreement was disclosed in the Additional Provisions Addendum Ralph signed
on April 19, 2016. Drafted by my attorney, not by me, Ralph had imput, reviewed, signed and document
was filed with Weld County prior to the property closing. This Easement is the only driveway access from
WCR 2 to all three properties. Any allowance to share this access to C3 public zoning could violate portions
of the Recorded Access and Utility Agreement (Record #4229459) including but not limited to Article 2, 2.1
GRANT OF ACCESS EASEMENT and Article 6, 6.1 General Provisions NO PUBLIC DEDICATION. This
concern has not been fully addressed or rectified by WW, LLC or Weld County in my filed objections.
PERSONAL FACTS REGARDING FALSE CLAIMS: My father in law, my husband and myself
have all held title ownership of the Weld County properties at various times from 1999 -present. I have been
involved with all three of these properties since 1999, financially, with property improvements, subdividing
the parcels, as primary residence and ultimately as owner. While WW, LLC points out that I am not living
there currently, this does not mean that these properties aren't a major part of all of our lives. We still travel
back to visit my family, have financial responsibilities, are concerned about future property values and I am
still the owner of the two properties (Lot A, Lot SE).
Regarding our decision on the lot sizes, Weld County had restrictions in 2006 when we filed for a
recorded exemption to separate the single parcel into three lots for the benefit of the two farmhouses. At
the time, any future lot subdivisions had to be minimum of 35 acres and property owners could only request
to subdivide every 5 years. Therefore, we chose to keep the two Subdivision Exemption lots smaller in
order to maximize future lot sizes for potential home lots.
WW, LLC neglects to mention that surrounding neighbors had also filed complaints of fire hazards,
overgrown weeds and noise concerns to Weld County and Brighton Fire through the years. WW, LLC
states they vacated the building and ended business operations in October, 2018 due to complaints and
their non compliance issues with Weld County. The building was then immediately leased out by WW, LLC
to a Commercial Treatment Technology business that was also found to be in violation of Weld County
codes and was told to vacate the premises in 2019.
Since personal accusations were made, I am setting the facts straight. A portion of the property my
husband and I owned was sold and we still own two properties in Weld County. I never worked in the auto
racing industry and my husband has not worked in the auto racing industry in NC since 2009. My previous
use of the building was prior to any ownership by WW, LLC, was in no violation of Weld County and was
vastly different compared to WW, LLC's property uses and record of multiple violations. WW, LLC signed a
legal Agreement to properly maintain the property and road easement wether vacant, in use or not. The
easement access road was cut in and improved by us in 1999 prior to WW, LLC's purchase and has been
continuously maintained by us. Extensive improvements on all three of the properties including but not
limited to disposal/clean up, landscaping, farmhouse renovations, new building construction, farming, water
and sewer, gas lines, privacy fencing, perimeter property fencing, cut in driveway and driveway base
materials, entrance fencing, overhead markers, berms and retention, underground utilities, gravel and
much more was completed by me and my family throughout the past 25 years not by WW, LLC.
The money WW, LLC claims to have spent on "improvement" is in reality just a normal part of
property ownership and minimal maintenance. To freshen road material for the driveway because your
company had years of heavy trucks causing ruts and erosion damage is not an improvement. Placing a
partial small wooden fenced area on the east side of the building hiding hazardous material storage on the
property is not an improvement. Claiming to plant native grass and landscaping without having any water
source to properly irrigate or protect from fire hazards is not an improvement. Claims WW, LLC makes
about improving privacy or performing any property maintenance is laughable as previously provided
photos submitted to Weld County clearly shows overgrown weeds, broken fences, poor road conditions and
wide open sight lines exposing the property and lack of privacy.
CLOSING STATEMENTS: WW, LLC has multiple inconstancies and inaccuracies on dates and
events in the letter and aside from the false accusations, I consider the letter was written to mostly air out
frustration for possibly the time and money WW, LLC spent on previous application requests for Weld
County, only to get denied. Bottom line is WW, LLC had a choice and plenty of opportunity to not purchase
the property. The WW, LLC letter in their own words state "prior to purchasing the property WW, LLC
learned that the use was non -conforming".
WW, LLC claims to want to work with Weld County to improve the property if allowed to re -zone but
the previous eight year record of WW, LLC's property ownership proves otherwise. WW, LLC is not making
effort or attempting to work with the current rural surrounding neighbors. Please understand that I am not
against any future development but I do expect development to provide actual benefits to my properties
and then to the surrounding rural neighborhood. As I have mentioned, a small housing development of 10+
or larger acre lots could be discussed for my consideration.
WW, LLC does not present or defend a clear vision of why C-3 zoning would be required and
therefore it is my opinion this type of C-3 zoning allowances would forever change the landscape and
quality of life of the surrounding rural neighborhood that Weld County claims to protect. Additionally, to
redirect attention back to the Todd Creek Letter dated in 2017 that WW, LLC submitted in the recent
application Case #COZ24-0002. This is not a recently dated commitment letter to provide a water supply. It
is my understanding that WW, LLC has not obtained water access nor secured a permanent water source
to date.
It was the full responsibility of WW, LLC to provide Weld County with evidence having met all
requirements, full disclosure of intent of use and complete answers with resolution for concerned neighbors
who have expressed opposition regarding the rezoning application. I have done my part in fully providing
documents and evidence to Weld County to defend my reasons for opposition but it is my position that WW,
LLC has failed to complete the requirements for approval. I believe Weld County will take careful
consideration and ultimately deny WW, LLC's application Case #COZ24-0002 as proposed.
Thank you for your time,
Kerri Kinnison
HE OLD _) CREEK
7 II -4 47\ E
10450 E 159th Court Phone: (303) 637-0344
Brighton, CO 80602 Fax: (303)637-0423
August 30, 2024
RE: Conditional Will -Serve for Parcel Id# 146933400042
Owner: WW, LLC
9996 Rosemont Ave. #103
Lone Tree, Co 80124
Ralph Walker,
You are the owner's representative of Parcel Id# 146933400042 (the "Owner") and are
seeking application for a change in zoning in Weld County, Colorado. The Property is
generally located north of WCR 2, south of WCR 4 and between WCR 17 and WCR 19 in
Weld County, Colorado AKA 8621 WCR 2, Brighton Co (the "Property"). The Property is
located within the service area of Todd Creek Village Metropolitan District ("TCVMD" or
the "District"). It is the understanding of TCVMD that the Owner may develop certain sites
within the Property (the "Site") and seek Service (as defined below) to the Site. Therefore,
the Site is the subject of this Conditional Will -Serve Letter from TCVMD.
TCVMD is willing and able to provide potable and non -potable water service and sanitary
sewer service to the Site (the "Service") for either residential or commercial uses subject
to the following conditions, which shall be conditions precedent to any obligation on the
part of TCVMD to provide such Service:
1. The Owner shall pay TCVMD's then current water and sewer tap fees and all
other applicable fees, rates, tolls and charges imposed pursuant to TCVMD's then current
Rules and Regulations, as may be amended from time -to -time.
2. The Owner shall dedicate all groundwater rights to the District as outlined in
TCVMD's Rules & Regulations at such time the District requires.
3. The Owner shall design, construct, acquire easements and install any and all
infrastructure required or deemed necessary by TCVMD to provide Service to the Site
(including but not limited to: service taps, service lines, mainlines or any other
improvements and facilities required, including any permits or improvements required by
Weld County or Adams County). The Owner shall design all such Owner -installed
infrastructure according TCVMD's design standards and in accordance with TCVMD's
Rules and Regulations, in place at such time as the design is completed. The Owner shall
reimburse TCVMD for any and all costs the District incurs related to its review of the
infrastructure design, construction and installation, including reimbursement of its
engineering, legal and other consultant fees.
4. The Owner will be required to pay a pro -rata share for any off -site capital
improvements deemed necessary by TCVMD to provide Service to the Site including, but
not limited to, water storage tanks, pipelines(sewer and/or water), reservoir
improvements, pumps, water treatment plant or upgrades needed to any other District
infrastructure.
5. TCVMD will provide the Owner with non -monetary assistance in the
acquisition of easements necessary to provide for offsite infrastructure to allow
TCVMD to provide Service to the Site. In addition, TCVMD will provide the terms of,
and administer, reimbursement or cost recovery agreements related to the installation
or upsizing of offsite facilities or infrastructure designed and constructed by the Owner
benefiting future development receiving service from TVCMD. The standard life span
of such reimbursement agreements is fifteen years.
6. The Service will be provided to the Site, subject to and conditioned upon,
compliance with the District's policies and Rules and Regulations as may be amended
from time -to -time and the payment of all applicable fees, rates, tolls and charges
imposed thereunder. This commitment shall run only to the Site and shall not be
transferrable or assignable in any manner whatsoever.
This Conditional Will -Serve Letter shall not be effective until the Owner executes a
Tap Purchase Agreement with TCVMD indicating the Owner's willingness to be bound
by the terms set forth therein.
If as the Owner's representative, there are any follow-up questions or concerns, please
do not hesitate to contact me.
Todd Creek Village Metropolitan District
Don Summers
General Manager,
Todd Creek Village Metropolitan District
cc: Blair Dickhoner, District Counsel
Todd Creek Village Metropolitan District - Board of Directors
Here are my (Michael Sedio; 8293 County Road 2) clarifications to the applicant's (Karl comments)
response to my concerns with the zoning change:
It appears that some of the items in Karl's comments did not apply to me. His response addressed Jim
and Shirley as opposed to me. Here are my responses/clarifications to those that were addressed to me.
The applicant talks about when I purchased my property that his was actually being used by a
construction roll -off company, Treatment Technologies and others I do remember observing the trucks
with trash containers and others with chemical storage tanks being cleaned there.
Rather than to justify a change to zoning I think that his admission to a history of non -compliant zoning
usage should be a key reason to reject this zoning change. Since the applicant has occupied his
property with various businesses that were not agricultural then he is not likely to comply with any
conditions that could mitigate concerns of mine or other neighbors.
The applicant stated that I was concerned that someone should be living on his site. He is mistaken.
As my original note stated my concerns have to do with noise, dust, smells and pollution created by the
large volumes of traffic and other actions associated with an undefined full C-3 business commercial
usage. When I purchased my property was surrounded completely by agricultural and residential
properties. Granting this change is not in concert with the majority of those around the applicant's
property.
The applicant's property too is mostly bounded by agricultural / residential properties. The applicants
property shares 87% of his property border with agricultural / residential properties and only 13% with
a C-3 property. From the records and maps available the applicant's property perimeter is
approximately 6633 feet. The one boundary that his property shares with a C-3 zoned property is 833
feet. The boundaries that he share with neighbors that are zoned agricultural is about 5800 feet.
The applicant stated that I didn't want him to use his building now that I've built my house. This is
wrong. I've never had a problem with anyone using their property. As long as that usage is consistent
with zoning which regulates the area that we live.
He mentions that I have a concern with his using the road like any other land owner I have a concern
that if his zoning is changed to C-3 then a large volume of commercial truck traffic will be added to
County Road 2, which is not equip to handle that extra traffic. If the applicant would be granted the
zoning change pending conditional updates to the roads, his historic use of the property demonstrates
that he would again disregard the conditions and press ahead with Commercial use before authorized.
Best regards,
M. J. Sedio
b
3
a
EXHIBIT
WG Q_ 19EL I e s 1/44ercttt-ar jw aI +,3 ct nt
0 Weld County Colorado
Pis map a a iw sprivarad suit ar B tin re Irani 'nipping she i Er. ft'
mina C+'. Ca 'attars tax appear an it map rr Or may r i- avcuraak.
anti or othardist
THIS MAP'S Nor TO BE USED FELT NA'b1GsATICfk
a
B
EXHIBIT
rWELD COUNTY
ONLINE MAPPING
Applicant
Parcel. is
approximately
71 acres
Vestas facility
on Eastman Park
Drive is just
under 73 acres.
afar
1 • 4
'� - :1110 Wirrylre
4. 8 lel
W _ "19 B4_"f&_Ail trarior_iiku 53g art. pF -
Weld County Colmd
Try mac r& a roraad static output tarn altai I Ii tor
nithrtnrs ontim. Data I ayes that appear on la rr ' rrw'ar may' ra tit raga
cram sot + rw rciate,
MAPS NOT BE USED FOR NAVIGATION
WEST PROPERTY
TODD CREEK VILLAGE
PRELIMINARY PUD PLAN - MAJOR AMENDMENT
PUD AMENDMENT SUMMARY - PRELIMINARY CONCEPT PLAN
CENTRAL PROPERTY
ASE NO.
7 OF 35
EAST PROPERTY
EAST 168TH STREET
N
N
TRAILS AND
OPEN SPACE
ASSISTED
LIVING
60 Units)
INDEPENDENT
LIVING
145 Units
COTTAGES
(30 Units)
OIL AND GAS
POCKET PARK
SFd
45'x110'
120 Units).
TRAILS AND
OPEN SPACE
APARTMENTS
11.9 ACRES
280 Units
DETENTION
POND
5.2 AC
2.94 AC ADDED
TO WEST PARCEL
l _
4.04 AC ADDED TO
CENTRAL PARCEL
001.LE TOR (
5'
.) 80' RO
NEIGHBORHOOD
PARK - 14.4 AC
LOCAL (TYP.r50' ROW
TRAILS AND
OPEN SPACE
DETENTION
POND
ji 8.2 AC
DUPLEX
35'X105'
(180 Units
DUPLEX 2
40'X105'
(68 Units
TOWN -
HOME
24'X105'
(147 Units)
SFd
50' x 110'
(176 Units)
SFd
45'x110'
(152 Units)
STA
40'x110'
(212 Units)
EAST 168TH STREET
'4 ,
w
DUPLEX
35' x105'
((1146 Units)
f A\
I
NEIGHBORHOOD
PARK - 3.4 AC
OIL AND GAS
DETENTION
POND S)
7.1 AC
SFd
55 x 110'
54 units)
SFd
70' x120'
(162 Units)
WEST
PROPERTY
HOUSING
TYPE
LOT SIZE
DU'S
DEPICTED
SFD FRONT LOAD
45' X 110'
120 UNITS
SFD FRONT LOAD
60' X 120'
71 UNITS
Sub
Total
191
APARTMENTS
11.90 ACRES
280 UNITS
394 PARKING
SPOTS DEPICTED 1.4 SPOTS PER UNIT
Sub
Total
i
280
ASSISTED LIVING
CAMPU
18.70 ACRES
235 UNITS
INDEPENDENT LIVING
145 UNITS
ASSISTED LIVING
60 UNITS
COTTAGES
30 UNITS
Sub Total
235
TOTAL
r 706
NOTE:
• This is a new sheet that was not included in the original PUD, and depicts the
more specific design concepts for the PUD Amendment area.
• This graphic is for illustrative and concept purposes only and may be subject to
change.
CENTRAL
PROPERTY
HOUSE
TYPE
LOT SIZE
DU'S
DEPICTED
SEED
FRONT
LOAD
501)(110'
176
SEED
FRONT
LOAD
45°
X 105'
152
SEED
FRONT
LOAD
40°
X 105'
212
DUPLE(
35° X 105'
180
WNW
2
40°X
105'
68
TOWDHOOEE
24° X 105°
147
Total
935
TOTAL
1 723
EAST
PROPERTY
HOUSE
TYPE
LOT SIZE
DU'S DEPICTED
SEED
FRONT
LOAD
TO' X 120'
162
SEED
FRONT
LOAD
55' X 110'
54
DUPLEX
35' X 105°
146
Total
362
pus group
TECTLsRL
200 KALAMATH ST. DENVER, CO 80223
(303) 531-4905
W W W.PCSGROUPCO.COM
KT ENGINEERING
ENGINEERS • SURVEYORS
12500 W. 58th AVE. #230
ARVADA, CO 80002
PH: 720.668.5190
DATE
6-9-2023
REV -1
2-9-2024
REV -2
4-29-2024
TRAILS AND
OPEN SPACE
NEIGHBORHOOD
PARK - 14.4 AC
TRAILS AND
OPEN SPACE
OIL AND GAS
POCKET
PARK
POCKET
PARK
TODD CREEK VILLAGE
PRELIMINARY PUD PLAN - MAJOR AMENDMENT
DETENTION
POND
5.2 AC
This is a new sheet that was not included in the original PUD, and depicts the
more specific design concepts for the PUD Amendment area.
This graphic is for illustrative and concept purposes only and may be subject to
change.
PUD AMENDMENT - MULTI MODAL TRANSPORTATION PLAN
POCKET
PARK
POCKET
PARK
POCKET
PARK
i 7 EL, ilf j
TRAILS AND
OPEN SPACE
SIDEWALK
SIDEWALK
EAST 168TH STREET (120' ROW - MINOR ARTERIAL)
EXISTING: 2 LANE
DETENTION
POND
8.2 AC
SIDEWALK
LOCAL - RESIDENTIAL
Source: Adams County Engineering Roadway Standards
SIDEWALK
MINOR COLLECTOR
Source: Adams County Engineering Roadway Standards
NEIGHBORHOOD
PARK - 3.4 AC
SIDEWALK
SIDEWALK
CASE NO.
OIL AND GAS
"
! 4
POCKET
PARK
2' O
rtztzLzS _
MINOR ARTERIAL
DETENTION
POND(S)
7.1 AC
POCKET
PARK
SIDEWALK
Source: Adams County Engineering Roadway Standards
MAJOR COLLECTOR
pcs group
UCHITECTURE
200 KALAMATH ST. DENVER, CO 80223
(303) 531-4905
WWW.PCSGROUPCO.COM
W.PCSGROUPCO.COM
SIDEWALK
Source: Adams County Engineering Roadway Standards
KT ENGINEERING
ENGINEERS • SURVEYORS
12500 W. 56th AVE. #230
ARVADA, CO 60002
PH: 720.638,5.190
6-9-2023
2-9-2024
4-29-2024
FUTURE LAND USE
FUTURE LAND iucr
The future land use plan establishes the framework for how the county can sustain its existing
population, infrastructure, and assets while accommodating the future growth and needs in the
unincorporated portions of the county. The Future Land Use Map (FLUM) depicts the future land
use categories in this chapter and designates their place in the county. The future land uses were
determined after extensive analysis of the 2012 Imagine Adams FLUM, current zoning and development
entitlements, projected infrastructure capacity, public investments and transit assets, and extensive
public feedback. The map is also informed by the 20 -Minute Community model, further described in
Chapter 5, and proximity of supporting services, and the transect model to promote transitions and
buffering between development patterns and intensities.
The FLUM presents a guiding vision for the county, while the Adams County Development Standards
and Regulations determines the regulatory zoning, uses, and development standards. In some cases,
the future land use matches the existing zoning and land uses in an area. In other instances, the
county's vision for development or uses may not align with current zoning. In this case, the FLUM sets
an expectation for future conditions, while the regulatory requirements set by the zoning remain. There
may be times when existing conditions, including but not limited to landfills or properties within a
flammable gas or natural resource conservation overlay, may undermine the Plan's stated development
goal, and in those instances existing and future development will need to accommodate these existing
conditions. The vision for the community is realized incrementally when the zoning and FLUM align,
generally by property owners rezoning their property to match the future land use designation. Goals,
policies, and strategies to guide investment, development, growth, and preservation to further realize
the county's vision are in subsequent chapters.
FUTURE LAND USE BY THE NUMBERS
Figure 2-1 to the right depicts the FLUM land
area between 2012 Imagine Adams and 2022
Advancing Adms plans. Areas designated as
"Agriculture" make up the vast area in the county
and are projected to remain as such. The 2012
plan indicated that "Residential Urban" allowed
for properties up to one acre. The increased
percentage in the "Residential Low" category
is partly becaues larger lot properties with
applicable zoning have been re -categorized as
"Residential Low".
FLUM Category as Percentage of Total Land Area
General FLUM Category
2012 Percent
2022 Percent
Agriculture
81.9%
81.3%
Commercial
0.2%
0.2%
Industrial
0.8%
0.8%
Mixed Use
0.2%
0.5%
Mixed Use Commercial
4.1%
5.1%
Parks
Open
Space
5.6%
6.6%
Public
0.6%
0.8%
Residential
Low
3.4%
3.6%
Residential
Medium/High
1.6%
1.1%
Figure 2-1
The decrease of "Residential Medium" and "Residential High" catorgories as a percentage
of total land is partly because of the re -allocation of large lots and certain zones to
"Residential Low". Annexations also account for some decrease in these categories. Other
areas designated "Residential Urban" in the 2012 plan were changed to "Mixed Use" which
is where residential growth is also anticipated
11 I CHAPTER TWO
FUTURE LAND USE CATEGORIES
Figure 2-2 to the right depicts the generalized FLUJV\
categories (eg. Industrial rather than Industrial
High, Medium and Low) to correlated current
zone distict land area. Figure 2-3 depicts the land
area to current zoning and uses as a quantity
and percentage. Note, some zones coordinate
specifically with a FLUM category while others,
I-1 for instance, may apply to several categories
(Industrial Low and Mixed -Use Commercial).
Some properties zoned 1-3 were allocated into
the Industrial Medium category for purposes
of calculation based on operations and uses
more consistent with the Industrial Medium
character, and likewise with 1-2 into the Industrial
Low category. Note, the table is illustrative and
not intended to conflict with Future Land Use
Categories listed below.
As noted, the plan vision is realized incrementally
through rezonings and public and private
investments. The snap -shot of current zoning serves
as a benchmark to guide direction of the plan.
Typical Zone Districts depicted in the future land
use categories is intended to illustrate zone
districts conventionally found in a category and
not an exclusive list of potentially appropriate
zone districts and may be evaluated along with
additional criteria.
FUTURE LAND USA MM
(-.7
Thorn
I Northq/enn
Westminster
4rvadJ
For the latest Future Land Use Map vistit www.adcogov.org
ton
Loc buie �"' r
I
r_719_.)
i
i
U
Generalized Zoning to FLUM Percentage
General FLUM Category
2022 FLUM
Current
Zoning
Agriculture
81.3%
91.4%
Commercial
0.2%
0.03%
Industrial
0.8%
0.9%
Mixed Use *
0.5%
0%
Mixed Use Commercial
5.1%
0.3%
Parks Open Space
6.6%
0%
Public
0.8%
0.1%
Residential Low
3.6%
3.0%
Residential Medium/High
1.1%
0.8%
Misc. (AV, DIA, PUD )**
3.5%
* This zone district was created in 2O21, however, no properties have
rezoned been rezoned prior to adoption of the comprehensive plan.
** It is difficult to allocate these zone districts to a complementary FLUM
category, however, most is either Agriculture or Mixed Use Commerical
Figure 2-2
Current Zoning and Uses Compared to FLUM Category
Future Land Use
Total Acres
Percent of Zoned Area
Agriculture Large (A - 3)
592,609
90.9%
Agriculture Small (A - 2)
3,356
0.5%
Commercial (C -0,C-1,C-2,C-3)
220
0.0%
Industrial Low (I -1 [50%], I- 2)
1,870
0.3%
Industrial Medium (I - 2 [75%], I- 3)
3,701
0.6%
Institutional (PL)
346
0.1%
Misc. (AV, DIA, PUD)
23,316
3.6%
Mixed Use Commercial (C -4, C - 5, I - 1 [50%])
1,763
0.3%
R- 1-C, R -2, MH (Residential Medium)
192
0.0%
Residential High (R - 3, R - 4)
275
0.0%
Residential Low (A - 1, RE)
19,507
3.0%
Residential Medium (R - 1, R- 2, MH)
5,024
0.8%
Total Acres
652,177
100.0%
Figure 2-3
alai a
CHAPTER TWO 112
FUTURE LAND USE CATEGORIES
Agriculture
Small
Scale
(AS)
Standards
is
in
a '
not
where
tat.
be
areas.
Typical Zone
Districts
A-1,
A-2
Dwelling
Units
per Acre
<1
-.�'.
;
re
and
. i
,A
,,y,
4.0`
This
agricultural
that
agricultural
site.
Valley
category
properties
the
t°,"•►
included
the
;-:
.'. �
-,W
.�►
'
'`
t
.i•
a
�,_,,
-
b ►
;
,
' `'
;- .7'
to
4
-
operations
housing
production
and
r
category
-
;.
Ideal
Mobility
infrastructure,
Moderate
corridors.
connected
(collectors,
capacity
Separated
street
arterials)
sidewalks,
pattern
road
bicycle
'
'
use.
r
land
only
balance
Examples
use
is
for
Welby
District
smaller
can
Plan
intended
Splendid
residential
found
on
for
This
the
is
Land
Use
Adjacencies
Integrated
•
•
•
Residential
Parks
Agriculture
&
Open
with:
Low
Large
Space
Scale
2012
Land Use
Category
g Y
Agricultural
g
Agriculture
Large Scale
(AL)
Standards
large
Typical
Zone
Districts
A-3
SO
_.
a-
sses
se
1-4
Dwelling
Units
per Acre
<1
Ideal
Mobility
(collectors,
Trails,
limited
arterials,
street
network
highways)
M
,
J
tAr.1
This
have
operations
primarily
eastern
County.
should
primary
and
considered
land
supplementary
-lot
corporate
be
use
agriculture
occurring
portion
Farming
considered
use
on
secondary.
of
category
the
the
agricultural
of
or
property,
on
Adams
ranching
property
housing
and
the
the
features
may
Land
Use
Adjacencies
Integrated
•
•
Parks
Agriculture
g
&
Open
with:
Small
Space
Scale
2012
Land Use
Category
Agricultural
13 I CHAPTER TWO
FUTURE LAND USE CATEGORIES
Residential
Low (RL)
Standards
Typical
Zone Districts
A-1
R -1—C
(<2.5 acres),
Residential
Estate,
r �f . '- Lea
- - --
=, :
'.-04-Mliilit 14
7
Af.
y•. _;
> —s, _se•
7
1 ;C; IL e O •7
' I
{.
Dwelling
Units
per Acre
Up
to 6
:. kV
;
',
�,
Ideal
Mobility
infrastructure,with
limited
Frequent
separated,
pattern
and
limited
curb
(local
transit,
or
cuts,
on
shared
streets,
sidewalks
arterials).
protected,
connected
bicycle
collectors
street
r. _��.�a•
�
._- ;=,_, a4i
�
C -•.r7:7,°-
_ `>
r
a_
:
� ,..r,
-- -
This
is
suburban
areas
primarily
family
Residential
from
category.
most
land
2012
in
housing.
appropriate
use category
and exurban
Adams
consists
designation
is included
County
The
of
for
single-
Estate
in
as
this
it
Land Use
Adjacencies
Integrated
•
•
•
Agricultural
Parks
Residential
and
with:
Open
Low
Small
P Space
Scale
2012
Land Use Category
g Y
Estate
Residential
Residential
Medium
(RM)
Standards
.
The
use
transitional
higher
Although
housing
district,
for
housing
cottage
townhome
,per
Residential
lower
complexes.
category
primarily
rTa!i
`.;
cs
e.i ter
_
-`
jIa
w
Typical
Zone
Districts
R -1-C,
R-2, R-3
Dwelling
Units
per Acre
6-20
_.
4
' 0.
e'1 ...,
_
Ideal
Mobility
infrastructure,
limited
Frequent
separated,
pattern
and
limited
curb
(local
transit,
or
cuts,
on
shared
streets,
sidewalks
arterials).
protected,
connected
bicycle
collectors
with
street
`
and
it
al
�t"'`
some
may
is
density
such
courts,
w;LA4e
—'
category
lower
functions
be
as
single-family
located
and
Medium
density.
multifamily
fourplexes,
small
between
reserved
as
in
land
a
this
Land Use Adjacencies
•
•
•
•
-
-
Integrated
Institutional
•
Commercial
Mixed
Mixed
Parks
Residential
Residential
and
Use
Use
with:
Open
Commercial
High
Low
Space
(limited)
2012
Land
Use Category
g Y
Urban Residential
CHAPTER TWO 114
FUTURE LAND USE CATEGORIES
Residential High (RH)
eirosii;i144 :el a
This land use category is
reserved for the highest
residential density in
Adams County. Multifamily
residential buildings are
most appropriate for this
category. An example of
the types of multifamily
residential buildings includes
apartments, multi-plex and
townhouses.
Standards
Typical Zone Districts
Dwelling Units per Acre
Ideal Mobility
Land Use Adjacencies
2012 Land Use Category
R-3, R-4
14-35+
High capacity transit, protected or
separated bicycle infrastructure,
sidewalks with limited curb
cuts, supported street pattern
(collectors and arterials).
Integrated with:
• Commercial
• Institutional
• Mixed Use
• Mixed Use Commercial (limited)
• Parks and Open Space
• Residential Medium
Urban Residential
Mixed
Use (MU)
Standards
Typical
Zone
Districts
C-0,
C-1,
C-2,
R-3,
R-4,
MU,
TOD
1
L
Dwelling
Units
per Acre
N/A
irii,
Y ,
Ideal
Mobility
High
or
sidewalks,
pattern
shared
capacity
(collectors
bicycle
connected
transit,
infrastructure,
and
separated
street
arterials)
h.
.� ,.
I.
t I
++
�.,`i�.
,
a
�
.
-
a. --
6
;.
i44,
' -
'1;
i
i
__
.,.
_
....
o
At_
-_ - -7--c_ - _ ay. - i, 4
The
use
commercial,
mCommercial
multifamily
institutional.
expected
horizontal
district
of
development
vertical
uses,
mixed
category
or
or
development.
-use
to
corridor
single
residential,
develop
mixed
includes
office,
Mixed
of
land
-use
-property
mixed
-use
into
mixing
for
and•
is
a
use in
Land
Use
Adjacencies
•
•
•
•
•
Integrated
Institutional
Mixed
Parks
Residential
Residential
Use
and
with:
Commercial
Open
High
Medium
Space
2012
Land
Use
Category
Activity
Center
15 I CHAPTER TWO
FUTURE LAND USE CATEGORIES
Commercial
(C)
Standards
___ _
Typical
Zone
Districts
C-0, C-1,
C-2, C-3, C-4, C-5
' '� `'�
A
L.
L
Dwelling
Units
per Acre
N/A
Ideal
Mobility
Separated
infrastructure,
connected
(arterials,
streets)
or
street
collectors,
shared
sidewalks,
pattern
bicycle
and
oca
�-.,-.: �.��
L r.r
w
r
- _,9WM1.f`.:.
The
category
broad
areas
scale
commercial
include
small
larger
commercial
is
range
including
and neighborhood
corner
commercial
commercial
intended
that
of
stores
land
commercial
smaller
could
strips
centers.
use
for
and/or
a
and
Land
Use
Adjacencies
•
•
•
•
•
•
•
•
Integrated
Industrial
Industrial
Institutional
Mixed
Mixed
Parks
Residential
Residential
Use
Use
and
with:
Medium
Low
Commercial
Open
High
Medium
Space
(limited)
2012
Land
Use
Category
Commercial
Mixed Use Commercial (MUC)
Serves as a land use
for areas transitioning
to industrial or heavy
commercial developments
where activities and
o perations are contained
within buildings. Mixed
Use Commercial areas
often have environmental
considerations or are
adjacent to more intense
industrial uses that do
n ot necessarily support
residential uses. Limited
residential uses may be
acceptable in a vertical
mixed -use setting if all
e nvironmental conditions
and concerns have been
remediated and land -use
adjacencies are mitigated.*
Standards
Typical Zone Districts
C-3, C-4, C-5, I-1
Dwelling Units per Acre
N/A
Ideal Mobility
High capacity transit, separated
or shared bicycle infrastructure,
sidewalks, connected street
pattern (collectors and arterials)
Land Use Adjacencies
2012 Land Use Category
nArea formerly in Imagine Adams DIA Reserve category
;or substantially in noise contour and not suitable for FAA
sensitive uses such as residential uses or schools.
Integrated with:
• Commercial
• Institutional
• Industrial Low
• Industrial Medium
• Mixed Use
• Residential High (Limited)
Mixed Use Employment
CHAPTER TWO 116
FUTURE LAND USE CATEGORIES
Industrial
Low (INL)
Standards
a
'` '� ;
Typical Zone
Districts
C-5,
I-1
•{'ti
. _'
=
��' '
�:•'�`,j�
l
`
�
Dwelling
Units
per Acre
N/A
�r
s�;%�
.gi
/
I
Ideal
Mobility
Moderate
capacity
road
_
- -
r•
S
ti�
corridors. Separated
bicycle
_
1
„
--_
infrastructure,
sidewalks,
connected
street
pattern
(collectors,
arterials)
This
land use category
includes low impact
industrial
oCommercial
operate
in
uses
buildings.
that
primarily
This•
Land
Use
Adjacencies
Integrated
with:
•
Industrial
Medium
category
may
g Y•
be adjacent
to
Mixed
Use
(limited)
residential
use if
nuisances
•
Mixed
Use
Commercial
or pollution
are minimal and
• Residential
(limited)
sufficiently
mitigated.
2012
Land Use
Categ
or Y
Industrial
Industrial
Medium
(INM)
Standards
Typical
Zone
Districts
I-1,1-2
Dwelling
Units
per Acre
N/A
'=- -----t a.
R I
, �\
Ideal
Mobility
infrastructure
High
network
highway
arterials).
capacity
truck
Y
(collectors,
access).
and
road
in
Multi
coordination
freight
and
arterials,
(collectors,
-modal
freight
`
a
iwith
This
includes
industrial
oCommercial
operate
openly
may
or
adjacency
should
J
land
pollution,
include
on
be
use
moderate
uses
in
a
Y
avoided.
category
buildings
site.
some
therefore,
to residential
that
Operations
impact
can
or•
nuisances
uses
Land
Use
Adjacencies
-
-
-
Integrated
Industrial
Industrial
Mixed
Use
with:
High
Low
Commercial
(limited)
2012
Land
Use
Category
Industrial
17 I CHAPTER TWO
FUTURE LAND USE CATEGORIES
Industrial
High
(INH)
Standards
Typical
Zone
Districts
1-3
or
higher
Ir
Dwelling
Units
per Acre
N/A
�.
; , . -c}-Tr
-1 r. iT' 11cPp� R
Ideal
Mobility
infrastructure
High
network
highway
with
arterials).
capacity
truck
(collectors,
access).
and
road
in
Multi
coordination
freight
and
arterials,
(collectors,
freight
-modal
4r:
re "4"744thic
industrial
land
include
This
some
or
be
residential
for
would
of
than
generally
regulatory
toxic
pollution
adjacent
any
the
land
-use
component
heavy
waste
prohibit
future
most
oil
use
category
uses
have
-refineries,
uses.
industrial.
oversight.
and
to
intense
uses
processing,
category
that
or
the
State
should
of
nearby
This
is
viability
other
have
nuisance
future
reserved
uses
or
includes
Uses
Examples
land
not
Federal
etc.
any
that
-fills,
Land
Use
Adjacencies
Integrated
• Industrial
• Industrial
•
Mixed
Use
with:
Low
Medium
Commercial
(limted)
2012
Land
Use
Category
N/A
Public
(P)
Standards
Typical
Zone
Districts
N/A
Dwelling
Units
per Acre
N/A
--.-.1--e,.
Ideal
Mobility
N/A
This
land use
category
is intended
for
public
Land
Use
Adjacencies
N/A
infrastructure
such as
utilities,
utility
corridors,
water
treatment
and waste
sites,
-water
railroad
2012
Land
Category
Use Cate
or
None
corridors, etc. where
the
infrastructure
is not
expected
to change.
Schools
or institutional
residential
uses would
not
be allowed
in
this category.
CHAPTER TWO 118
FUTURE LAND USE CATEGORIES
Institutional (INS)
The institutional land
use category is reserved
for education facilities,
government facilities,
hospitals, public buildings,
fire stations, etc. Institutional
land uses can be found in
almost any zone district
depending on the nature
of the use and services it
provides.
Standards
Typical Zone Districts
Dwelling Units per Acre
N /A
Ideal Mobility
Land Use Adjacencies
2012 Land Use Category
N /A
Separated or shared bicycle
infrastructure, sidewalks,
connected street pattern
(arterials and local streets)
Integrated with:
• Commercial
• Industrial (Limited)
• Mixed Use
• Mixed Use Commercial
• Parks and Open Space
• Residential High
• Residential Medium
• Residential Low
Public
Parks
Et Open
Space
(P/OS)
Standards
Typical
Zone
Districts
Parks
rezoned
and
otherwise
Open Space
N/A
zones when
p
•
Y.. '��At"
awl:
'uu
,:,.
,,,
IA
L
=1A
,�
i. �•.
Dwelling
Units
per Acre
N/A
Ideal
Mobility
infrastructure,
Accessed
trails,
supported
separated
from
street
shared
sidewalks,
bicycle
pattern
mobility
.
-
,�� ;,,`I
11+
-=
V
_
�;—____.:1
,t
.,_
I
ice__-_
-
_
..
Land
Use
Adjacencies
•
•
•
•
Integrated
• Industrial
Institutional
•
•
•
Agricultural
Agricultural
Commercial
Mixed
Mixed
Parks
Residential
and
Use
Use
with:
(limited)
Commercial
Open
(all)
Large
Small
Space
Scale
Scale
This
includes
and
including
community
neighborhood
land
open
use
a variety
space
regional
category
parks
parks.
typologies
of
and•
parks,
parks
2012
Land
Use
Category
Parks
and Open
Space
19 I CHAPTER TWO
END OF CHAPTER
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CHAPTER TWO I 20
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