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Home My WebLink About20242421.tiff EXHIBIT INVENTORY CONTROL SHEET CASE COZ24-0002—WIN,LLC Tyler Exhibit Submitted By Page# Description Planning A. Commission Resolution of Recommendation Planning B. Commission Summary of Hearing(Minutes dated 9/3/2024) C. Planning Services PowerPoint Presentation Kendra and Ron D. Tempest Letter of objection(dated 9/15/2024) E. David Campbell Letter of objection(dated 9/15/2024) Jim and Shirley F. Beliveau Letter of objection(dated 9/15/2024) Robert and Sheila G. Morelli Letter of objection(dated 9/15/2024) Michael and Phola H. Sedio Letter of objection(dated 9/16/2024) I. Kerri Kinnison Letter of objection(dated 9/16/2024) J. Applicant PowerPoint Presentation(received 9/16/2024) Rusty and Sarah K. Knels Letter of objection(dated 9/16/2024) L. M. N. O. P. Q. R. S. T. V. 2024-2421 EXHIBIT aes• • . 4 - 040 a wamow' WELD WELD COUNTY, CO COZ24 0002 Applicant : WW , LLC Planner : Diana Aungst Request : Change of Zone from the A ( Agricultural ) Zone Cs - strict to the C - 3 ( Business Commercial ) Zone District . Legal Description : Lot B Recorded Exemption RECX16 - 0076 ; being part of the W1 / 2 SE1 / 4 of Section 33 , Township 1 North , Range 67 West of the 6th P . M . , Weld County , Colorado . Location : North of and adjacent to County Road 2 ; approximately 0 . 5 miles east of County Road 17 . Sign I Vicinity Map 1 I 1 I I I 1 I I 1 I I. 1 I .1 1 I I 1 l i 44r a - . it.a S -tea N10 I ^ I I 1. 1 a 3 CR 6 ul I I I 'I II I I II I r I I a Ni io ! a CR4 :a ua a — = —; * N� T ADA SITE MS m r O a:- to ^-a a .:illELa-c CR r r r Iq re u Comprehensive Plan 1.' 'y - SITE 4100. 01 10414 kip. 414 4b. 40444444040 tit • • 40 4 P.. ikaattakta _ igh A Ls The property is partially in the Weld County Opportunity Zone. MS S s a�� • 4,44,4* ALtai Zoning in the Area SITE CR2 II al ADAMS USRs within one mile G U R i B-0098 >12 INCH HIGH PRESSURE `- URE NAT GAS _ arte..: L< a - GAS LINE 24" NATURAL GAS r WI USR-1376PV LANDSCAPING IBU& 1 iN I USR18-0128 1 CONTRACTOR SHOP II SUP -1 C KENNEL e -a a dimm -I as a 'a a USRI 5-0067 MINERAL RES. DEV. FAC. US R184)053 MINERAL RES_ DEL F _ USR19-0019 O I L & GAS SUPPORTISERVICE FAC ii USR-2 S AM CR 4 IL GAS SUPP5RT --_t J -ada & SERV: : FA. I OF SITE CR U 8-1063 GAS LINE 24 " U II -0032 >12 INCH HIGHa P ICE , UR,E NAT GAS 4 U 3822-8 7-778 OIL & G'. , H P PORT SERVICE mai 4 L' . -87-778 L & 'GAS.SUPPORT U P PORT SERVICE 0) U F1 -0022 STORAGE U R17-0061 SELF STORAGE FACILITY i H R-13%% GASLINE 247 NATU PAL GAS ADAMS - a I I I I I' I i I I I I I I I I I 1 I e i Aeria S Adams County Zoning CR 2 a cn rt U AG in green and PUD in orange Oil and gas tank batter (30 wells Adams County Proposed Future Land Use Map CR2 Q) ADAMS Residential Low County Line Adams County Future Land CR2 Use Map cn r CC V Ag in green and quasi -public in blue l ,D iskiviS The parcels highlighted in yellow have new residences constructed as of 2022. -7 Closest Residences The stars indicates that these property owners submitted letters of objection. I i 1 CR.2 i Pelt niS a pitar .� :TIP C 500 -foot buffer I 1 Staff finds that this Change of Zone is consistent with Section 23-2-30.A. Section 23-2-30.A.1. — That the proposal is consistent with Chapter 22 of the Weld County. Section 23-2-30.A.2. — The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. Section 23-2-30.A.3. — Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. Section 23-2-30.A.4. — Street/Roads providing shall meet the minimum criteria or the applicant shall enter into an Improvements Agreement. Section 23-2-30.A.5. — In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: Section 23-2-30.A. 5. a. Section 23-2-30A. 5Mb. Section 23-2-30.A. 5Mc. No Overlay Districts Does not interfere with mineral extraction Soil limitations can be overcome if they are present Sections 23-3-230.8., C., and D., list the Uses by Right, Uses allowed per a Site Plan Review, and Uses allowed by a Use by Special Review Permit respectively. Sec. 23-3-230. C-3 (Business Commercial) Zone District. B. Uses Allowed by Right. 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. Sec. 23-3-230. C-3 (Business Commercial) Zone District. (cont'd) C. Uses allowed subject to Site Plan Review. 1. AGRICULTURAL SUPPORT AND SERVICE. 2. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 3. CAR WASHES and gas stations. 4. CHILD CARE CENTERS. 5. CHURCHES. 6. COMMERCIAL SCHOOLS. 7. COMMERCIAL STORAGE BUILDINGS. 8. COMMUNITY BUILDINGS. 9. CONTRACTOR'S SHOPS. 10.CUSTOM MEAT PROCESSING. 11. DISTRIBUTION CENTERS. 12. EVENT FACILITIES. 13. FUNERAL HOMES and mortuaries. 14. Golf courses. Sec. 23-3-230. C-3 (Business Commercial) Zone District. (cont'd) C. Uses allowed subject to Site Plan Review. (cont'd) 15. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 16. HOSPITALS, nursing homes, rehabilitation centers. 17. HOTELS/MOTELS. 18.INDOOR SHOOTING RANGES. 19.LANDSCAPING COMPANIES. 20. LUMBERYARDS/WOODWORKING. 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. Police, ambulance, and fire stations or facilities. 26. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 27.REPAIR SERVICE ESTABLISHMENT. Sec. 23-3-230. C-3 (Business Commercial) Zone District. (cont'd) C. Uses allowed subject to Site Plan Review. (cont'd) 28. RESTAURANTS. 29. RETAIL/SERVICE ESTABLISHMENTS. 30. SCHOOLS, private. 31.THEATERS and convention halls. 32.VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 33.Veterinarian clinics and animal hospitals. 34.WHOLESALE TRADE ESTABLISHMENTS. Sec. 23-3-230. C-3 (Business Commercial) Zone District. (cont'd) D. Uses by Special Review 1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 2. Asphalt or concrete batch plants. 3. CEMETERIES. 4. KENNELS. 5. Open MINING and processing of minerals. 6. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this 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 of Special Review Permit under Division 6 of Article IV of this Chapter. Ises. dts 4 y , • f la it r ,. . 'I,: r.11�l r. '.1. A 11+M'7'. i yam. i ll 4 't Rai r t1 `,T r �� 7:TIONTie:spitna" -� �l ,ateme�`' , ,e, Vii, Co Ikbeav „cep." Nal ;to lam: �sWalt taaithr r,:aissa; �L -� View looking northwest eel View looking southwest WELD COUNTY, CO E8 Al r WELD COUNTY, CO c .3 • r.. ear i .fr a .r R- a «. t- • .•tix _ v -_ mow. d' - Vii. • �-a - T 1 • ".fi' - i. • - - r - a. all, • : • s ...! ��' - w a ` J -*IJr .74. . .0: : r.. . r /r_ r all r �r a If r s e S • -d r a F • - k.. r. r .• all C Y I 1• ,• ).Y s r. I 1 r — • -• C F - a J • , .. c • .1 r" r S It _4, sP • tl N a`. n' r Lis a r a I ¶' « „V Y 1 l 4#• I Y _I . •r_r • • !ill. 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A}., y1,. •T -.• . fir. * C - • y ''4o i 1 74* r-. 1 r ' „' ` 1, R 74" 16i ; .t3 • • 1ti_ - . • a L •a' Plat WELD COUNTY, CO Nab 1 lia rm Y� 1j 45. It t I • } 4s1 1 era: . =..r • m• . a s gui!i - a- • rise 1 I' A keg' 3 • ia Oa my 'ad rau v Egan ravows £FJL71el3++ awl] XtLnat #ii rats I I i I I I y . cis • Xs e- e - . 4e" 411r SL1/4 Z1.34i QS 1c i WELD COUNTY, CO If EndofC 240002 Jessica Reid Frnm: t: I o: Subject: Here is another one Perry Buck Monday, September 16, 2024 8:34 AM Esther Gesick FW: WW, LLC Rezoning Request Perry L Buck Weld County Commissioner at Large Weld County 1150 "O" Street Greeley, CO 80631 970-400-4206 (Work) 970-573-2377 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected n disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and u4,troy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: ktempestl@gmail.com <ktempestl@gmail.com> Sent: Sunday, September 15, 2024 8:31 PM To: Perry Buck <pbuck@weld.gov> Subject: WW, LLC Rezoning Request 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. September 15, 2024 Dear Weld County Commissioner Perry Buck, I am writing to express my concerns regarding the proposed rezoning of 8621 County Road 2, Brighton, CO 80603, owned by WW, LLC, from our established AG Residential zoning into a C3 zoned parcel. As a resident of this community, I feel compelled to highlight several critical points that underscore why this rezoning is not in the best interest of our neighborhood. Firstly, our area is an established AG Residential zone with 33 homes already built out of the 39 available lots. s community has been carefully developed and nurtured over the years, and the proposed rezoning threatens Disrupt the harmony and safety we currently enjoy. 1 Secondly, I would like to understand the origins of this opportunity zone designation located at County Road 2 and County Road 197 The residents in this area were never informed of the opportunity zone creation and therefore never had the chance to voice their concerns A compromise might be to move the opportunity zone east of County Road 19 and County Road 2, where the area already has commercial businesses and no residences Additionally, it is important to note that County Road 2, which would serve as a primary access point to the -i proposed opportunity zone, is not owned or controlled by Weld County This raises significant safety concerns for residents turning into this area, as the road infrastructure is not equipped to handle increased traffic and commercial activity This proposal for rezoning to C3 has already' been turned down once before, and it is unclear what has changed to warrant reconsideration Transparency in this matter is crucial for us to comprehend the motivations behind this renewed push Lastly, I would like to remind the Board of the Weld County tagline, "Weld County, working for you " This proposed rezoning is not welcomed by the residents of our community and does not align with the values and commitments that this tagline represents I urge the Board to reject this rezoning proposal and to prioritize the safety, well-being, and preferences of the residents in our established AG Residential area Thank you for your attention to this matter Sincerely, Kendra and Ron Tempest 619 CR19 Brighton, CO 80603 O 2 Jessica Reid From: • • i o: Cc: Subject: Kevin Ross Sunday, September 15, 2024 5:04 PM David Campbell Esther Gesick Re: Walker Development County Road 2 between County Road 17 and County Road 19 David. Thank you for the correspondence, i have forwarded this email to the Clerk to the board. Regards Kevin Ross Kevin Ross From: David Campbell <david@kc0qir.com> Sent: Sunday, September 15, 2024 6:00:46 PM To: Kevin Ross <kross@weld.gov> Subject: Walker Development County Road 2 between County Road 17 and County Road 19 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. r Commissioner Ross am writing to express my opinion on the Walker Development that is coming before the commission this week. I am fundamentally against this development and the impact it will have on me, my neighbors, and county road 2. I understand that this area was deemed an Opportunity Zone, but this was without due notification to the surrounding land and home owners. This is an area that should be agriculture and small family farms. I only have 2 acres, not enough to raise crops, but I do have chickens and feed mine and a couple other families when they are at full production. There are 2 small horse farms in the area and other families that have children and enjoy the rural life. The traffic, noise, and hours of operation would be a tremendous impact on the current residents. The traffic on County Road 2 is steady and even busy in mornings and afternoons. The additional traffic from this commercial business will over load the road and increase traffic accidents. This is because of the increased truck traffic and workers have no turn lanes, and a single entrance drive onto the property. All large commercial facilities I see like this have turn lanes and plenty of access space. There is also the concern of water rights and access for this facility along with waste water handling. We are on a small rural water district limits the amount of water available because of a limited source. le water is only handled by septic tanks and systems, which it would take a good sized tank system and leach field to support this installation. 1 Please listen to me and others as we voice our concerns and state our positions against this installation and take into consideration our positions as we are this ones you are representing, Weld County residents David Campbell 8219 Weld County Road 2 Brighton Colorado 80603 303-947-0047 2 Jessica Reid From: t: o: Cc: Subject: Kevin Ross Sunday, September 15, 2024 5:06 PM jim beliveau; Mike Freeman; Scott James; Lori Saine; Perry Buck sshea@nocoattorneys.com; Diana Aungst; Esther Gesick Re: Objection to COZ24-0002 Change of Zone request Jim Thank you for the correspondence, I have forwarded this to the clerk to the board for the record. Regards Kevin Ross Kevin Ross From: jim beliveau <jeb15110@hotmail.com> Sent: Sunday, September 15, 2024 6:38:46 PM To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov>; Kevin Ross <kross@weld.gov>; Perry Buck <pbuck@weld.gov> Cc: sshea@nocoattorneys.com <sshea@nocoattorneys.com>; Diana Aungst <daungst@weld.gov> Subject: Objection to COZ24-0002 Change of Zone request 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. 0.ard of County Commissioners; We are Jim & Shirley Beliveau, and we will be directly affected by this change of zone request. 1 The northern section of our land (which is agricultural) borders the property of the applicant. Because C- 3 Zoning allows for such a large group of businesses, the quiet enjoyment of our property is at jeopardy. While the applicants' property value increases with this zoning change, our property decreases! All residential property that is in the "Opportunity Zone" will be decreased in value! 2. Poor location of an "Opportunity Zone". We are a mostly residential area, have a narrow 2 lane county road which even though it has been recently repaved, still doesn't make it right for a C-3 type business. Please remember that county road 19 dead ends into county road 2. 3. Any type of business can be located on this property if C-3 zoning is approved. Why not go to C-1, which allows for lighter commercial businesses better suited for the area? 4. The applicant doesn't take care of the property now! Ground dogs are rampant, all the trees and shrubs they planted have died and the property looks desolate! Except for the for -sale sign. 5. Even Adams County states, "this proposal is most likely not consistent with the Adams County Comprehensive Plan". 6. Was a notice ever provided for property owners of the decision to place an "Opportunity Zone" in this area? If so, when? We purchased our property in December 2021 and do not recall any notification. If we had been aware of the decision, we may not have purchased the property or at the very least not paid what we paid for it! We built our "forever home" and feel blind -sided by Weld County. 1 7 The applicant states that County Road 2 will be widened therefore making the zone change more acceptable However, when would this improvement occur? Approximately 20 years from now is what we are told 8 The applicant states there are other "businesses" in the area, which is not true They state there is a p---� control business, not true The only "true" commercial businesses in this area are the RV & Boat StoraiJ j on County Road 19 and Mod Box self -storage on County Road 2 which is further east of County Road 19 Horse stables and personal iunk storage are not commercial Don't we have enough "storage" businesses anyway? 9 The process to object to zoning changes in the Weld County system is broken Each resident gets 3 minutes to state our objection and yet the applicant gets all the time in the world to present their case This just seems wrong and unfair We felt it necessary to hire an attorney, at our own expense, to collectively better present our objections and still didn't get an opportunity to counter the applicants claims that we know were untrue' 10 Please, look at all the facts before your decisions affect tax paying, law abiding families 11 USR17-0016 was denied based on incompatibility for the area Our area is incompatible tool 12 If you lived in this "Opportunity Zone", would you want a C-3 type business in your back yard? Have you looked at what type of businesses C-3 allows? Respectfully, Jim & Shirley Beliveau 8285 County Road 2 Brighton, Co 80603 jeb15110@hotmail com 2 EXHIBIT C1)204---ZOCC9 To: Board of County Commissioners From: Robert & Sheila Morelli Date: 9-15-2024 RE: Letter of Objection to Case # COZ24-0002 Change of zone from Agricultural Zone District to the C3 Business Commercial District. Atten: Board of County Commissioners We recently received a letter with proposed plans to consider changing an Agricultural/Residential zoned property to Business/Commercial directly behind us. A zone change approval would basically surround our entire property with C-3! 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 exists. 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 then 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. The BOCC found that the proposed USR17-0016 that was presented was not compatible back then and the biggest change over the past 7 years has been more AG Residential housing built on this section. 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 no turn lanes or shoulder. We are faced with many accidents with the way the roads are with no turn lanes or shoulder as well as CR 19 dead ends at CR Z. 3) Integrity of Residential/Agricultural Community that we enjoy residing in. 4) Devaluing homes within our community with the wrong type of businesses. 5) Promoting land developers to purchase Ag property for pennies on the dollar Let these developers purchase actual Commercial property and pay for the planned developement of a commercial site 6) Not only do the land holders in this area oppose C3, the adjacent Adams County also is opposed to the C3 zoning due to compatibility with the planned communities being developed to the south of the proposed property 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 want 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 There are many more appropriate areas in the sections to the east that would make sense for a C3 zoning This area has taken shape and has proven that it is not C3 compatible Regards, Robert & Sheila Morelli 305 County Road 19 Brighton, CO 80603 303-378-6683 Robert@morelliranch com Sheila@morelliranch com 1) U Jessica Reid From: Sent: To: Subject: Thanks Diana Aungst AICP, CFM Principal Planner Diana Aungst Monday, September 16, 2024 11:46 AM Jessica Reid; Esther Gesick Fwd: Objection to zone change COZ24-0002 Weld County Department of Planning Services 1402 N. 17th Avenue, Greeley, Colorado 80632 D: 970-400-3524 I O: 970-400-6100 www.weld.gov I daungst@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure. copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Sedio <mjsedioll@gmail.com> Sent: Monday, September 16, 2024 10:04:01 AM To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov>; Kevin Ross <kross@weld.gov>; Perry Buck <pbuck@weld.gov>; Cc: sshea@nocoattorneys.com <sshea@nocoattorneys.com> Cc: Michael Sedio <mjsedioll@gmail.com>; Rusty Knels <rwknels@gmail.com>; Diana Aungst <daungst@weld.gov> Subject: Objection to zone change COZ24-0002 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. Board of Commissioners; My wife and I purchased our property around 6 years ago to build our retirement house and raise our youngest child on. We chose to purchase Agriculturally Zoned property in Weld County due to the culture and living environment that it would provide. We have since built our home with the expectation of the above as well as to enjoy the agricultural property views from our back patio and cooking area. Now the owner of the adjacent property that we view from our back patio wants to have his property rezoned to C-3 Business Commercial to support marketing his property at a much higher price than with the existing zoning. The applicant could sell his property with the existing zoning and make a very nice profit. He could do so without adversely affecting those around them like myself. The result of this change would hurt our property values as well as our ability to enjoy our propertie's amenities. Commercial business would increase noise, pollution, visual degradation and odors at any hour of the day including dinner and recreation times. I do not agree that this change could take place and our property enjoyment would be protected by the "use planning" process. The applicant admitted to violating the agricultural zoning by leasing to various commercial businesses and his note to that effect is on file as his response to my initial opposition letter. His leasing / zoning violations did not trigger any 1 oversight or scrutiny over this unauthorized use of the property It occurs to me that this blatant disregard for Weld County zoning should be a reason to reject such a change at this time The applicant clearly will not wait for authorization before leasing to any sort of commercial business occupant It should be noted that the applicant's property is surrounded by agricultural/residential properties (see my note on file for calculations and metrics) The property is bordered by only one commercial property 87% of the applicant's property perimeter borders agricultural zoned properties Only 13% is adjacent to another commercial (C-3) property For these reasons we ask that you reject the proposed zoning change COZ24-0002 and preserve the quality of life provided the Weld County agriculturally zoned environment that we chose to move our home to Best regards, Michael and Phola Sedio 8293 County Road 2, Brighton, CO 80603 2 Jessica Reid From: Sent: To: Cc: Subject: Attachments: Karla Ford Monday, September 16, 2024 5:02 PM Kerri Kinnison; Mike Freeman; Scott James; Lori Saine; Kevin Ross; Perry Buck; Jessica Reid; Kris Ranslem Esther Gesick Re: Objections to Case # COZ24-0002 Ariel View and Access Easement .png Thank you. This will be entered into the record. Get Outlook for iOS From: Kerri Kinnison <klkinnison@aol.com> Sent: Monday, September 16, 2024 6:53:09 PM To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov>; Kevin Ross <kross@weld.gov>; Perry Buck <pbuck@weld.gov> Cc: Karla Ford <kford@weld.gov> Subject: Objections to Case # COZ24-0002 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. September 12, 2024 Re: Case # COZ24-0002 Applicant- WW, LLC To the Weld County Board of Commissioners, I thank you for your time and consideration in reviewing the concerns and opposition regarding case #COZ24-0002. As you are aware, there is major opposition to this rezoning request by the surrounding rural neighbors, some members of the Planning Board of Commissioners and Adams County. For the past 25 years, I have resided and/or owned properties in Weld County and I feel the proposed C-3 rezoning would have overwhelmingly negative consequences to the surrounding area including my two parcels (Lot A, Lot SE -1083) that adjoin the applicant's (Lot B) property. My Mother lives on Lot A in the farmhouse that is approximately 114' from Lot B property line and 150' to the applicants' building on Lot B. My Brother and his Daughter live on Lot SE - 1083 in the farmhouse approximately 20' from Lot B property line. In order to access both of my properties and these family homes, one must drive from WCR 2 through the center of the entirety of the 71 +/- acres of Lot B. This legal Access and Utility Easement has been on record with Weld County since 2006 and provides the only road access for all three properties. In 2016, an Access and Utility Easement Agreement was recorded #4229459 in Weld County and must be considered and carefully reviewed to insure compliance to the 1 Agreement as signed by WW, LLC and me Additionally, the public school bus drop off and pick up is at WCR 2 and the entrance of the driveway on Lot B. Any attempt to rezone to C-3 is of great concern regarding child safety, increased commercial traffic and public access. Please consider that the Planning Commissioners were not unanimous in their vote to _ forward this case to the Weld County Board of Commissioners At the Sept 3, 2024 meeting, multiple Commissioners voiced they were not in agreement with this area/property being appropriately deemed an Opportunity Zone A second vote was required and some that previously opposed, voted in favor even though they still did not agree The applicant's property being labeled "partially" in an Opportunity Zone has extreme consequences and does not provide a true comprehensive picture of the area and the multitude of AG rural neighbors residing in that area that have expressed opposition in large numbers Additionally, Adams County maintains this portion of WCR 2 and submitted a referral response on May 10, 2024 states "The lots located south of E 168th Ave in Adams County have a future land use (FLU) designation of Residential Low The Residential Low FLU - designation is intended for suburban and exurban areas in Adams County as it primarily consists of single-family housing The preferred land use adjacencies are Agriculture Small Scale, Parks and Open Space, and Residential Low Typical zone districts are A-1, RE, and R -1-C Since the preferred land use adjacencies do not provide for Commercial Zoning, this proposal is most likely not consistent with the Adams County Comprehensive Plan " The County also mentions potential negative impacts from the proposed commercial use The applicant and their representatives have written letters and stood in front of Planning Board Commissioners speaking false and misleading statements intentionally attempting to sway favor in their direction However, the facts are that WW, LLC chose to purchase property in Weld County that is AG zoned and is nonconforming to their desires for commercial uses Meanwhile, both long term and, new property owners have chosen to live in Weld County because of its pro Rural/AG stance, building residential homes and conforming to AG zoning I believe it is important to take WW, LLC not at their words but their actions VVW, LLC has repeatedly tried to rezone to commercial/multi use in a residential rural neighborhood prior to the Opportunity Zones WW, LLC's actions have included County violations for non compliance, property neglect and unwillingness to work with the neighbors Instead of offering resolution, explanation or working towards residential large lot development, WW, LLC writes response letters to opposing neighbors spreading false statements, making accusations and being bitter because rural neighbors don't support commercial developments In Closing, I would like to point out that eight of the nine properties adjacent to,the applicant's Lot B are AG zoned and contain at least one single family dwelling As Mr Sedio, an opposing neighbor, mentions in his letter (Exhibit 14), "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." I implore Weld County `Board of Commissioners to take careful consideration in reviewing the overwhelming opposition and legitimate concerns from longstanding Weld County Rural/AG neighbors You have the authority and discretion to analyze the applicants' proposal and determine that the property should not be rezoned C3 for a multitude of reasons 'Commercial uses and commercial rezoning would have irreparable negative implications that would be detrimental to the greater area and the many surrounding residential neighbors and families for years to come Sincerely, Kern Kinnison Access and Utility Easement For All 3 Properties = Runs From WCR 2 Through The Entirety of Lot B Per The Access and Utility Easement Agreement Weld County Record # 4229459 Kinnison Trust Residential AG Farmhouse Lot SE -1O83 Approximately 20' From WW,LLC's Lot B Property Line Approximate Partial Lot Lines -3 Lots Lot B (WW, LLC) Lot A (Kinnison Trust) Lot SE -1083 (Kinnison Trust) EXHIBIT 2 S GZ -ooa2 C0Z24 0002 Change of Zone from the A (Agricultural) Zone District to the C 3 (Business Commercial) Zone District Request for Denial ti)aG 3_19Bit y/eb_Mercator-_A.i_rxiliar_y_Sphere (e) Weld ':_oI.Jnty Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may riot be accurate,. current; or otherwise reliable_ THIS M.A.P IS NOT TO BE USED FOR NAviG.A.TI0N•J 4229459 08/18/2016 04:54 PM Page 11 of 11 EXHIBIT A / T1 'i R671§' C 1/40 S3.3 \LS P2C24207 \ i^ G L7 ti t '54 Cl riq as 0 O• r 'c ti 1� (1\ . TIN R67W 5 1/4 S33 T;s P67W 1999 L$ 12374 / g Cf 0 dima 1 1 50 -FOOT EASEMENT CA -ANTED TO PANHANDLE EASTERN P!PELI'iE COMPANY RECORDED DEC. 17, 1,2273 UNDEP. RECEPTION UUC. 1626746 IN SOCk 705 CENTER 1,4 COR:NE4 SEC.IION 33. TOWNatEF 1 I i1OF f i, pANGE 67 WEST. FOUND A It; REBA'i M TH t NO CAP. PLACED A 2 1/'1" ALUM, CAP t*l REr:AR STAMPED AS SHOWN N89"55'2 2l. S$br5s'22"E 44E.Ste LOT A RECX16-0076 8.34 ACRES GROSS AND NET xi L CI CI C 0 c N ems; , �f C)'. -' r.— L.4(L) /y / v a cV 959'56'20"E 431.88 LOT B RECK:la-0076 71.45 ACRES GROSS 70.64 ACRES NET r: G C I 150.00. ^IL WELL SOUK- 1/4- CORNER SECTION 33. TOWNSHIP T NORn-i, RANCE 67 WEST, FOUND A 2 1/2' ALI.M. CAP IN MONUMENT BOx STAMPED AS SHOWN / . !it 74 JE" 4 T15 %'557'1/ 991 LS 25937 s_..L 741 \I \ COUNTY ROAD 2 3O —FOOT EXISTING R.O.W. NORTH SIDE OF CEVTERL:NE JANUARY 10. 1903 BOOK 9 PAGE 609 I t ( %1 1320.4$" SE ,.. H0 DS3 tt T A PARtI 00* L4(CL) N5S'58 3't E5s.flx e I r l ID -FOOT EASEMaN1 (WANTED TO MOUNTAIN YFW WMER USERS ASSOCIATION RECORDED SEPT. 6 N BOOK `5.94 AT PAGE 7 LIA:31 tr. "?'� -30-roo-f ACCESS A90 LITILITY Es$EE4ENT FOR T1-fE BENE ;T OF LOT A OF RE -4407 AND SF -1053 RECERriO 1#3409326 30 FCOT FUTURE RiGHT-CF"-WAY PER ADAMS CUUNFY Eh1STNC: ADAMS COUNT? ACCESS Forms of 1 r It G 9 584'56'56"E 887.76' 11Or2T1i 1/a CORNER SErTiOip t. TOWNS9 P I SOUTH, :MANGE 67 WEST. FOUND A .3 1./4" ALUM, CAP IN tAONLI,4ENT SO:4 STAMPED AS SHOWN t CE I/ IS 533 1299 IS '2374/) EtAf� EAST 1/16 CORNTZt SECTION 33, TCfi'i4Sr4F 1 NORTH. RANGE 67 $'EST,! FOUND A 2 1/2" &UM, CAP /STA1 ED AS SI-tOOWN N0O*01'04°V/ 2640.53 i..m• Access L .[p5Ef5 f(y.. c7, s A 4.`eJ G5��64 R"S SS w..�i.�^�".� LINF. TAKE LINE WIDTH 43EA4N0 L1(cL) 45.25 N372.5O7"W L?(CL) 230.2& $STCS 32"lt L3(CL) 89.72 N27 21'34'* L3; ) 73 37 :16:7561! Et 1.5('.L) 15.C2 t4,^ss 12'3eY4 La 212.07 YB532.3rV 17 167.94 N35'13'3?°f: is ._.. 4t. IS. se0•52'$CE L9 252.65 1'179' 15' E CURVE If ARC LENGTH 1 RAQIUS CURVE TABLE DELTA ANGLE CHORD BEARING C' (C1,) 94,77 ?47.85 21'.C2r r,,2CCL) D? 21 125- 4705.04" CHORD LENG N25"_7'43'^N I GA 19 C3(01.) . Pi.i .4>c 84.21 4,•51,6736 N63'a3'5I"W 056'63'33" W 190 3.3 ea 29 LEGEND FOUND OR SET SECTION CORNER — AS f1U1EC, FCjND CR 3 T ONE—CUARTER CORNER AS tiCITEn- rC FOUND GP SET CORNER. AS NOTED. SEt 18" t'5 REBAR WITH YELLOW PLASTIC CAP 4AMMER PLS 24307 O = FCUHC #5 RFRAR WITH YELLOW SEP T$ R M W.C. 304 ° t I TIN 16741 1 E OS 333 T1 S R67W / 139} / I ,, LS 12374 // PLASTIC CAP HAMMER PLS 24307 • GAS SEPARATOR EAST 1/10 CORNER SEC -1O'4 33. TOWNSHIP T NORTH, RANua 67 WEST. FOUND A. 2 1/2' ALUM. CAP AS WITNESS CnRMER STAMPED AS SHOw"i TAW. BATTERY 200 GRAPMC SCALE t) 100 210 4G ( ITJ FEET ) 1 frch = 200 ft. WONLINE ELyL�7 COUNTY _J N L I 14 E i'vt.Y4L P PING Todd Creek 'giver Sod( WCS_1984_Web_Mercator Auxiliary_Sphere CWeld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOTTO BE USED FOR NAVIGATION 5,5614 0 2,78a69 5,561.4 Feet Legend Parcels Zoning III A (Agricultural) A-1 (ConcentratedAnimaD C-1 (Neighborhood Co rrrnerc is l) ■ 0-2 (General Commercial) C-3 (Business Commercial) C-4 (Highway Corrrmercial) E (Estate) I-1 (Industrial) 1-2 (Industrial) 1-3 (Industrial) PUD (Planned Unit Development) R-1 (Low Density Residential) R-2 (Duplex Residential) R-3 (Medium Density Residential) R-4 (High Density Residential) R-5 (Mobile Home Residential) Highway County Boundary Notes amp iiiiir3/4 . , ri, i \.VELD COUNTY wi 'I N F M PPING Adams County Referral May 10, 2024 Case Number: C0Z24- Review 2 Ui: The I,ts Ideated South of E4168th Ave in Ada s County ha Rest. entiat Low. The Residential Lew FLU esignati'n is intend Adams Cou ty as it prtu arily consists of stngbfanily pausing. Agriculture Sr aF Scale, Parks and • ren Space, and esidentia and • -1-C. ve a future land use (FLU) designatio, of ed for suburan an exuran areas in The preferred land use adjacencies are I Low Typical zone . istricts are A4, RE, LR2: Since the preferred land use adjacencies do not provide for Commercial Zoning, this proposal is most likeJy not consistent with the Adams County Corn t rehensave Plan. The a plicant c•..ui consker s • me enhance� scrcening/set.acks from the southern property line to mWLte any p.tential negative impacts from the propose'l commercial use. C 3 (Business Commercial) Zone District Uses allowed subject to Site Plan Review o AGRICULTURALSUPPORTAND SERVICE. o BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. O O O O O o FUNERAL HOMES and mortuaries. o CAR WASHES and gas stations o CHILD CARE CENTERS. o CHURCHES. o COMMERCIAL SCHOOLS. o COMMERCIAL STORAGE BUILDINGS. COMMUNITY BUILDINGS. CONTRACTOR'S SHOPS. CUSTOM MEAT PROCESSING DISTRIBUTION CENTERS. EVENT FACILITIES. o Golf courses. . . o Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. o HOSPITALS, nursing homes, rehabilitation centers. o HOTELS/MOTELS. o INDOOR SHOOTING RANGES. o LANDSCAPING COMPANIES. o LUMBERYARDS/WOODWORKIN G. o NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. O OFFICES. o OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. o Parking areas and parking STRUCTURES. o Police, ambulance, and fire stations or facilities. o RECREATIONAL FAC CITIES, COMMERCIAL, PUBLIC and PRIVATE. o REPAIR SERVICE ESTABLISHMENT. o RESTAURANTS. o RETAIL/SERVICE ESTABLISHMENTS. o SCHOOLS, private. o THEATERS and convention halls. o VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. a Veterinarian clinics and animal hospitals. o WHOLESALE TRADE ESTABLISHMENTS. Applicant Parcel. is approximately 71 acres Vestas facility on Eastman Park Drive is just under 73 acres. I atm In mem it • ft • a 1111. I • i s I • $4 t, it • ..a ¶w;_; • s The portion of the Centerplace Shopping Center depicted here is approximately acres. WELD COUNTY Centerplace Shopping ,Area ONLINE M Pr1NG 51D2 2501 illrf '450 F r 453c3 r. s a a • 407 440 r":.—_ -790 _ 4F9091rissr 17iiiir403L9CI6l*-:29:11t4 il C--3 (1 lti -pp -dap .r1 "LISS"11. a,• >51:1 1 41;g14 ,,,00 • 2908 288 -1 f,,, 2840 0Q885, L., 188a iBli2 11-4 P+ giocai I 41,4i 211724 ink ama .i '� i s 17-Ai‘ Id Pf .C. PIS1�' •. ., _ 28;1iWS] REEI R11412icaUj e eta 871 'f7": 80�r tai 5 AT. at -34 t, �, iyy' 1f� /8..89 % 188' 2_8.8 > 3 y ir 3Z7R88w/98?._ _tammtatPir ,.: 1-L= j•>lig,1011 1 281=, 4 'ay. F 1 2 1� ? 9,d i 49/44144109,", - s Au R p 18 Pr� L � IAA 9 d -Aia. =tit 2 8:2 22:21'1'54 =11-11 Arr stirJ Art • •..- mains 'la =. a _ -t r ra..r1 s a� -. .1.5: A R r_ — rt-r` I 3806i #5- 06 *3800 . 31 ? ,agglib ,. to .f O WeS_19 B&W th_traiorih5 9 fir _. F' . CI Weed CDarrty C N Ni ID lit is a srar dirt staffc arta briar hint trappingMs and is Ilicrarmalt off. Diu lass It -arc an II'S rrap tray or ' r e 1•ii a ra once or Slab& 114S MAP IS OT TO 8E USED FOR IMV1GAT1O1 Sec. 22-4-10. - Comprehensive Plan Map. A. The Department of Planning Services shall maintain a map called the Comprehensive Plan Map based on the criteria in this Section. The Comprehensive Plan Map is adopted as Appendix 22-D and shows the County's preference for areas for rezonings and subdivisions. The map has no bearing on uses allowed by right, by permit, or by special review. It is made up of two main components: 1. Areas of opportunity for commercial and industrial development. These are potentially logical areas for rezoning land to C (Commercial), I (Industrial), and Planned Unit Development (PUD) containing C and I uses based on transportation infrastructure of roads and railroads. The map is intended to encourage rezoning in appropriate areas. Such a designation does not guarantee a zone change application will be approved. All applicable criteria in Chapter 23 or 27 of the Weld County Code must be satisfied in order for the Board of County Commissioners to approve a zone change application, including location -specific attributes such as surrounding land uses, topography, and availability of utilities. 2. Areas of urban -scale development, nonurban-scale development, and rural -scale development. These layers are based on municipal boundaries and water district boundaries and will change as those boundaries change. See Section 24-1-40 for definitions of the different types of development. B. Weld County Opportunity Zones. If in compliance with the other provisions in this Section, zone changes to C (Commercial), I (Industrial), and Planned Unit Development (PUD) containing C and I uses are preferred in the following locations: 1. Within one mile of interstates, 2. Within one-half mile of U.S. highways, 3. Within one-half mile of the County Highway (Weld County Road 49 between I-76 and State Highway 392), 4. Within one -quarter mile of railroads, 5. Within one-half mile of the following types of intersections: . Collector/arterial, . Arterial/arterial, . Collector/highway, and . Arterial/highway. C. Development requiring rezoning is generally discouraged in the following locations: 1. Within one -quarter mile of any municipality. 2. Beyond three miles from a municipality, unless all or a portion of the property is located in a Weld County Opportunity Zone on the Comprehensive Plan Map and the rezoning is to Commercial or Industrial. (Weld County Code Ordinance 2020-13) EXHIBIT Jessica Reid From: Sent: To: Subject: Esther Gesick Tuesday, September 17, 2024 5:14 PM Jessica Reid FW: Objection to Zone Change COZ24-0002 so to z,J - 60 6 a. From: Kevin Ross <kross@weld.gov> Sent: Monday, September 16, 2024 9:31 PM To: rusty knels <rwknels@gmail.com>; Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov>; Perry Buck <pbuck@weld.gov> Cc: Diana Aungst <daungst@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: Re: Objection to Zone Change COZ24-0002 Thank you for the comments. I have sent them to the clerk to add to the record. Regards Kevin Ross From: rusty knels <rwknels@gmail.com> Sent: Monday, September 16, 2024 10:51:29 PM To: Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov>; Kevin Ross <kross@weld.gov>; Perry Buck <pbuck@weld.gov> Cc: Diana Aungst <daungst@weld.gov> Subject: Objection to Zone Change COZ24-0002 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. Board of Commissioners: Our family owns 5 acres directly on the west border of the applicant. We built our house here 9 years ago tD raise our young family. We chose this particular area because all the surrounding lard was zored Agricultural/Residential and we are strongly against allowing a charge of zone to C-3 Commercial Operations. Now we (as a community of neighbors) feel that cur personal properties and property values ard way of life are a pout to be impacted by this proposed change. Here are some of the reasons why we are _rcouraging you to xgapjagiaty this zone change: • We feel everyone's property values will be negatively impacted through raise,. ight, pollutior, and visual degradation from several large commercial buildings. The applicant does not live on the property or even in Weld county. He only wants to profit off the sale of this property as commercial_ He has had a "Commercial Property For Sale" sign up on this land for a significant amount of time for $S.51\i'M. The applicant will profit, ard all the residenc_s surrourding his land will be very negatively i m o acted. • Applicant previously sought a USR change I U SR17-C'3 _6;+ for this and to install trailer storage, but it was DENIED ir 2017 and found not to compatible to the surrounding area, and the commissioners at the time (Barbara KarJccpgy_ec was our represertative i fought for us and agreed that this was not the appropriate area to locate such businesses and the land should remain Agricultural and Residential Zc'r ing. • Applicant admitted to previously violating agricultural zoning by leasing to other various businesses in pervious years, including a Trash Roll -Off business and chemical storage cortainers lindustrial bleach). • There was rever any notice or information sent to the residences ir this area about placing a random "Opporturity Zore" at the intersection of CR19 and CR2 on the Veld,/Adams border, which is mostly residential. Adams county plans to develop the lard directly adjacent (south) to the applicants land as residential, and stated that '"this proposal is most likely not consistent with Adams Courtyl Comprehensive Plain". We also STRONGLY feel that this is rot the right area for an "Opportunity Zone"' ard we are failing to uncerstard what the requirements were for selecting these cores, and who had a say in them_ These "Zones'' did not exist when we fought the USR change in 2017, which was denied. • Applicant does not want to work with the surrounding home rers. We reached out to him several years ago when we saw plans that he was potentially going to develop the land with 1 acre residences, but we suspect that because of his previous denial of his trailer storage plan, he refused to call or email us back_ • Applcart agar did rot reach out nor nave a co m m ur it•!,v r -eating wit ^, a I the offset hi: me/ property owners. • If for some reason this Does get passed, we would like to see visual mitigations in place that include 100 development setback from the property boundary, 10'-12' berms with trees tnat re required to remair alive (that need water) just like you require oil and gas facilities in the area. Please take these points into consideration when making a decision on Wednesday, and ask yourself if this was directly in your back yard would you be fine with that? The impact of this is permanent and negative in nature for all the people that have built homes in this area. 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