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Home My WebLink About20231645.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING DECISION OF DIRECTOR OF DEPARTMENT OF PLANNING SERVICES ASSESSING ROAD IMPACT FEES ASSOCIATED WITH BUILDING PERMIT, CMN22-0131 - STEVEN WELLS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, pursuant to the provisions of Weld County Code Sec. 20-1-60. H., the Board of County Commissioners has received an appeal from Steven Wells, 32010 County Road 63, Gill, Colorado 80624, do AGPRO Environmental Services, LLC, dba AGPROfessionals, 3050 67th Avenue, Suite 200, Greeley, Colorado 80634 ("the Appellant"), concerning the decision by the Director of the Department of Planning Services to require Road Impact Fees associated with Building Permit CMN22-0131, in the amount of $25,992.00, on the following described real estate, to -wit: Part of Section 25, Township 7 North, Range 63 West, and part of Section 30, Township 7 North, Range 62 West, of the 6th P.M., Weld County, Colorado WHEREAS, the Appellant argues that the facility, known as the "Crow Creek Events Center," is not an "events center" as that term is referred to in the definition of "Shopping center/commercial" in Weld County Code Sec. 20-1-50; but, rather, is more of an "agri- entertainment facility" within the definition of "Agricultural commercial" as defined in said Weld County Code Sec. 20-1-50, because the facility will primarily serve as a private event center for the property owner, Steven Wells, to hold non-profit functions for groups like the Make -A -Wish Foundation and a small number of private events, and WHEREAS, upon consideration of such appeal, including a review of all information submitted by the Appellant and the Director of the Department of Planning Services, the Board deems it advisable to grant said appeal and to direct the Director of the Department of Planning Services to impose upon Building Permit, CMN22-0131, the Road Impact Fee fitting the category of "Agricultural commercial." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Steven Wells, be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the Director of the Department of Planning Services, be, and hereby is, directed to impose upon Building Permit, CMN22-0131, the Road Impact Fee fitting the category of "Agricultural commercial." cc:PLCTv/MwIcG/Wiz), cA038/KM), A69Ros 01/05/23 2023-1645 PL0073 APPEAL CONCERNING DECISION OF DIRECTOR OF DEPARTMENT OF PLANNING SERVICES ASSESSING ROAD IMPACT FEES ASSOCIATED WITH BUILDING PERMIT, CMN22-0131 - STEVEN WELLS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dathio v• jCLO;(1 Weld County Clerk to the Board BY: Deputy Clerk to the Board APP VED . FORM: ounty : rney Date of signature: (11j 231 ZbZ3 on Saine Pro-Tem 2023-1645 PL0073 Memorandum TO: Board of County Commissioners FROM: Tom Parko Director, Dept. of Planning Services CC: Bruce Barker, County Attorney DATE: June 8, 2023 RE: Crow Creek Impact Fee Appeal RE: Appeal of the administrative decision of DPS calculating the fees associated with Building Permit No. CMN22-0131 The Director of Planning Services received an email from Hannah Dutrow with AgProfessionals dated May 17, 2023, requesting a review of building impact fees assessed as part of Building Permit No. CMN22-0131. The Use by Special Review associated with this building permit, (USR22-0035), which was conditionally approved by the Board of County Commissioners on April 19, 2023. The applicable code section for an appeal is found Chapter 20, Section 20-1-60.H which states, "Administrative appeal. The administrative decision of the Planning Department calculating the fees in accordance with the fee schedule may be appealed to the Director by filing with the Director, within ten (10) days of the date of the written decision, a written position statement stating and specifying briefly the grounds of the appeal. The only grounds for administrative appeal to the Director is an appeal of the Land Use Type. The Director shall then have power to affirm or modify the decision of the Department. The Director shall make written findings of fact and conclusions of law and apply the definitions of the land use categories in this Chapter and the provisions of this Section. The applicant may appeal the decision of the Director to the Board of County Commissioners according to the appeal procedures set forth in Section 2-4- 10 of this Code. Upon receipt of either the Director's or Board of County Commissioners' decision, the applicant may then conduct an Independent Fee Calculation Study as further described in Section 20-1-80 below." On May 26, 2023 the Director conducted a review of the impact fees and determined that the department used the correct land use category, "Shopping Center / Commercial" to calculate the fees. 2023-1645 (P/17, PL 0073 Chapter 20, Section 20-1-50 defines "Shopping Center / Commercial" as the following, "Shopping center/commercial means establishments engaged in the selling or rental of goods, services or entertainment to the general public. Such uses include, but are not limited to, shopping centers. discount stores, supermarkets, home improvement stores, pharmacies, automobile sales and service, maintenance or repair shops, car washes, show rooms, event banks, movie theaters, amusement arcades, bowling alleys, barber shops, Laundromats, funeral homes, vocational or technical schools, dance studios, health clubs and golf courses." centers The USR application materials on file state, "[T]he event facility will primarily host charitable events such as the Make A Wish Foundation, and private events for the landowner, however, weddings and other private events are anticipated". The application goes on to further state that, "the event facility will provide a location to hold private events for the surrounding area. It will provide a unique gathering space which is not a service that is readily available in this remote area of Weld County...A main priority for the operation is the non-profit events held for foundations like Make A Wish Foundation." Breakdown of fees: BUILDING BC -65% BFEE0011 Building ... 10/14/2022 1 NEW BUILDING BUILDING BFEE0211 Facility ... 05/01/2023 $ $5,026.00 BRFEE0130 RIF Area2... 05/01/2023 $ $25;992.00 Total Impact fees (less building permit fees): $31,018.00 Following the Director's written decision, AgProessionals filed an appeal of the Director's decision to the Board of County Commissioners on May 26, 2023 under Chapter 2, Section 2-4-10. The Board of County Commissioners have the following options: Option No.1: Uphold the Director's decision. Option No.2: Overturn the Director's decision. The Board can direct the applicant to apply for an Independent Fee Calculation Study in accordance with the procedures outlined under Section 20-1-80 (copy attached for reference). During the last Impact Fee study that was prepared by Duncan and Associates, "event centers" was added under the definition of "Shopping Center / Commercial". This use was added because the County has approved several event centers like Crow Creek over the last few years. The County has been consistent with using "shopping center / commercial" to calculate impact fees on all event centers. 3 Esther Gesick From: Sent: To: Cc: Subject: Hannah Dutrow <hdutrow@agpros.com> Friday, May 26, 2023 11:08 AM Esther Gesick Tim Naylor; Kelsey Bruxvoort; Tom Parko Jr RE: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees 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. Thank you, Esther. We are agreeable to this being scheduled on June 12tH Let us know if you need anything else. Thank -you, Hannah Dutrow Land Planner III AG PROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 303-775-0780 970-535-9854 fax www.agpros.com AGPROfessionals DEVELOPERS OF AGRICULTURE ;stitty sze'rOrch Awards for fl tiles Winner :MERCURY FASTEST -GROWING PRIVATE COMPANIES 2022 HONOREE NOR THERM COLORADO BizWest From: Esther Gesick <egesick@weld.gov> Sent: Friday, May 26, 2023 10:57 AM To: Hannah Dutrow <hdutrow@agpros.com> Cc: Tim Naylor <tnaylor@agpros.com>; Kelsey Bruxvoort <Kbruxvoort@agpros.com>; Tom Parko Jr <tparko@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: RE: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees Good morning, Hannah, In accordance with Sec. 2-4-10, an appeal is to be scheduled within 15 days; however, due to the existing case load already set on 6/7, I would prefer to schedule this matter two days past the deadline, on Monday, June 12, 2023, at 9:00 a.m. Would that date and time be agreeable for you and the appellant? Esther E. Gesick Clerk to the Board 1 1150 O Street P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 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: Hannah Dutrow <hdutrow@agpros.com> Sent: Friday, May 26, 2023 9:31 AM To: Esther Gesick <egesick@weld.gov> Cc: Tim Naylor <tnaylor@agpros.com>; Kelsey Bruxvoort <kbruxvoort@agpros.com>; Tom Parko Jr <tparko@weld.gov> Subject: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees 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. Good morning, Esther — We received a written response from the Weld County Planning Department and are now requesting the Board of County Commissioners (BOCC) hear an appeal of the land use designation used to calculate road impact fees of building permit CMN22-0131 as determined by the Weld County Planning Department. Attached is our formal request for a hearing with the BOCC. If there is anything else you need to complete this request, please feel free to reach out. Thank -you, Hannah Dutrow Land Planner III APROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 303-775-0780 970-535-9854 fax www.agpros.com alAGPROfessionals DEVELOPERS OF AGRICULTURE #2O17 aTorch Awards ,orEthk.. Winner MMERCURY FASTEST -GROWING PRIVATE COMPANIES 2022 HONOREE NORTHERN COLORADO BizWest 2 AGPROfessionals DEVELOPERS OF AGRICULTURE May 26, 2023 Weld County Commissioners 1150 O Street Greeley, CO 80631 RE: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees Wells, Steven — Crow Creek Event Center AGPRO Project # 3120-14 Dear Weld County Commissioners: AGPROfessionals, on behalf of Steven Wells, is requesting the Board of County Commissioners review of a determination regarding the road impact fees land use category made by the Weld County Planning Department, in accordance with Weld County Municipal Code Sec. 2-4-10. - Appeals process. Sec. 20-1-60.H. — Imposition of fee — Administrative appeal. — The administrative decision of the Planning Department calculating the fees in accordance with the fee schedule may be appealed to the Director by filing with the Director, within ten (10) days of the date of the written decision, a written position statement stating and specifying briefly the grounds of the appeal. The only grounds for administrative appeal to the Director is an appeal of the Land Use Type. The Director shall then have power to affirm or modify the decision of the Department. The Director shall make written findings offact and conclusions of law, and apply the definitions of the land use categories in this Chapter and the provisions of this Section. The applicant may appeal the decision of the Director to the Board of County Commissioners according to the appeal procedures set forth in Section 2-4-10 of this Code. Upon receipt of either the Director's or Board of County Commissioners' decision, the applicant may then conduct an Independent Fee Calculation Study as further described in Section 20-1-80 below. Request: to revise the land use category used to calculate the road impact fees of permit number CMN22-0131 from Commercial to Agricultural Commercial The Crow Creek Event Center facility will primarily serve as a private event center for the property owner, Steven Wells, to hold non-profit functions for groups like the Make -A -Wish foundation. In addition, there will be a small number of private events held on the property annually. The site provides a unique opportunity for those who attend and utilize the site to partake in the rural charm of Weld County. We believe a more accurate land use category for this facility is the Agricultural Commercial as ENGINEERING, PLANNING, CONSULTING & REAL ESTATE HQ & Mailing: 3050 67. Avenue, Suite 200, Greeley, CO 806341970.535.9318 officel 970.535.9854 fax Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 1208.595.5301 www.agpros.com Page 2 of 3 defined in Sec. 20-1-50. -Definitions, Agricultural commercial means, for the purposes of this Chapter: (1) agricultural processing facilities for produce or livestock; (2) intensive, factory -style production of animals or animal products; or (3) commercial uses serving the agricultural sector (but does not include office uses). Typical uses include feedlots, dairies, factory farms, sales of agricultural equipment or supplies, commercial agricultural storage facilities, agri-entertainment facilities (i.e., roping arena, corn mazes, etc.) and similar uses. The current Road Impact Fee assessed amounts to $25,992.00 having been classified under the Shopping Center/Commercial land use type. While an event center may be seen as a Commercial land use type, the actual use is more similar to that of an agri- entertainment facility with limited usage on a regular basis. In compliance with the appeal process provided in the Weld County Municipal Code, an appeal of the fee was made within 10 -days as indicated in the timeline below. A written findings of facts and conclusion of law was provided to us on May 26, 2023, from Planning Director Tom Parko, declining the request for a change in land use type. Timeline of Request to Appeal April26, 2023 • The building permit fee for CMN22-0131 located at 37442 Highway 392 was provided by the Weld County Building Department (WCBD) including a summary of the fees assessed. • AGPROfessionals submitted a request to Wendi Inloes, Planning Coordinator, for a review of the road impact fees assessed. May 1, 2023 • Wendi Inloes reviewed the fees assessed and provided a re -assessment of the road impact fee. May 4, 2023 • After further review of the fee, AGPROfessionals formally requested the land -use type be revised from Commercial to Agricultural Commercial. • Tom Parko, Planning Director, provided an emailed response indicating how to proceed with the appeals process. May 15, 2023 A request to the Clerk to the Board to schedule an appeal to the Board of County Commissioners was requested. o Staff indicated that Planning Director Tom Parko needed to provide a formal finding of facts prior to scheduling an appeal hearing with the BOCC. Page 3 of 3 May 17, 2023 • A letter of appeal was submitted to Planning Director Tom Parko requesting a reassessment of the road impact fee with a request he provide a formal response. May 26, 2023 • Planning Director Tom Parko provided a written finding of facts and conclusion of law denying the request for a reassessment of the road impact fee. We formally request this matter be brought forward to a hearing with the Board of County Commissioners in conformance with Sec. 2-4-10. AGPROfessionals will be representing Steven Wells. Please remit responses to AGPROfessionals. If you have any questions, please contact meat (970) 535-9318. Sincerely, Hannah Dutrow AGPROfessionals Encl. 1. May 26, 2023 Planning Director response to road impact fee appeal 2. May 17, 2023 Appeal Letter to Planning Department 3. Email Correspondence: April 26, May 01, May 04, and May 15, 2023 4. Weld County 2023 Impact Fees sheet CC: Esther Gesick, Clerk to the Board egesick@weldgov.com Tom Parko, Planning Director tparko@weldgov.com May 26, 2023 DEPARTMENT OF PLANNING SERVICES 1402 N. 17th Avenue GREELEY, CO 80631 970-400-3572 FAX 970-304-6498 toarko(6iweld.aov Ms. Hannah Dutrow Land Planner III hdutrow Siagpros.com AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 RE: Building Permit Fees associated with Permit No. CMN22-0131 Dear Ms. Dutrow, Please accept this letter as a formal response to your email dated May 17, 2023, requesting a review of building impact fees assessed as part of Building Permit No. CMN22-0131. The Use by Special Review associated with this building permit, (USR22- 0035), was conditionally approved by the Board of County Commissioners on April 19, 2023. The USR application materials on file state, "(TJhe event facility will primarily host charitable events such as the Make A Wish Foundation, and private events for the landowner, however, weddings and other private events are anticipated". The application goes on to further state that, "the event facility will provide a location to hold private events for the surrounding area. It will provide a unique gathering space which is not a service that is readily available in this remote area of Weld County...A main priority for the operation is the non-profit events held for foundations like Make A Wish Foundation." You properly filed an appeal under Chapter 20, Section 20-1-60.H, which states, "Administrative appeal. The administrative decision of the Planning Department calculating the fees in accordance with the fee schedule may be appealed to the Director by filing with the Director, within ten (10) days of the date of the written decision, a written position statement stating and specifying briefly the grounds of the appeal. The only grounds for administrative appeal to the Director is an appeal of the Land Use Type. The Director shall then have power to affirm or modify the decision of the Department. The Director shall make written findings of fact and conclusions of law and apply the definitions of the land use categories in this Chapter and the provisions of this Section. The applicant may appeal the decision of the Director to the Board of County Commissioners according to the appeal procedures set forth in Section 2-4-10 of this Code. Upon receipt of either the Director's or Board of County Commissioners' decision, the applicant may then conduct an Independent Fee Calculation Study as further described in Section 20-1-80 below." Your letter disputes the land use category used to calculate the impact fees. The fees for this building permit were calculated under the category of "Shopping Center / Commercial" which includes the term "event centers" like Crow Creek. Based on the USR application materials on file, the Crow Creek Event Center is used by more than just non-profit organizations and is not necessarily used strictly for "agri- entertainment" as suggested under the definition of "Agricultural / Commercial". Several other event facilities like Crow Creek have been assessed impacts fees under "Shopping Center / Commercial" category. Therefore, I have determined that this department used the correct land use type "Shopping Center / Commercial" to calculate the fees. If you disagree with my conclusion, you have the right to appeal to the Board of County Commissioners under Chapter 2, Section 2-4-10. Respectfully, Tom Parko Director, Department of Planning Services Cc: Wendi Inloes, Planning Coordinator Esther Gesick, Clerk to the Board DEVELOPERS OF AGRICULTURE III AGPROfessionals May 17, 2023 Weld County Planning Department Attn: Tom Parko, Planning Director 1402 N 17th Avenue Greeley, CO 80631 RE: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees Wells, Steven — Crow Creek Event Center AGPRO Project # 3120-14 Dear Weld County Commissioners: AGPROfessionals, on behalf of Steven Wells, is appealing the land use category used to evaluate the road impact fees for building permit no. CMN22-0131 in accordance with Weld County Municipal Code Sec. 2-4-10. -Appeals process. Sec. 20-1-60.H. — Imposition of fee —Administrative appeal: — The administrative decision of the Planning Department calculating the fees in accordance with the fee schedule may be appealed to the Director by filing with the Director, within ten (10) days of the date of the written decision, a written position statement stating and specifying briefly the grounds of the appeal. The only grounds for administrative appeal to the Director is an appeal of the Land Use Type. The Director shall then have power to affirm or modify the decision of the Department. The Director shall make written findings offact and conclusions of law, and apply the definitions of the land use categories in this Chapter and the provisions of this Section. The applicant may appeal the decision of the Director to the Board of County Commissioners according to the appeal procedures set forth in Section 2-4-10 of this Code. Upon receipt of either the Director's or Board of County Commissioners' decision, the applicant may then conduct an Independent Fee Calculation Study as further described in Section 20-1-80 below. Request: to revise the land use category used to calculate the road impact fees of permit number CMN22-0131 from Commercial to Agricultural Commercial The Crow Creek Event Center facility will primarily serve as a private event center for the property owner, Steven Wells, to hold non-profit functions for groups like the Make -A -Wish foundation. In addition, there will be a small number of private events held on the property annually. The site provides a unique opportunity for those who attend and utilize the site to partake in the rural charm of Weld County. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE HQ & Mailing. 3050 67. Avenue, Suite 200, Greeley, CO 80634 1970.535.9318 office! 970.535.9854 fax Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 1208.595.5301 www.agroos.com Page 2 of 3 While we are aware the Shopping Center/Commercial definition includes the term event centers, a review of the uses listed indicates this category is primarily for high traffic impacts in more urban commercial areas. While an event center may be seen as a Commercial land use type, the actual use of the Crow Creek Event Center is more similar to that of an agri-entertainment facility with limited usage on a regular basis. The site can only be accessed from a public highway. Due to this, there is little expected impact to the nearby county roads. We believe a more accurate land use category for this facility is Agricultural Commercial as defined in Sec. 20-1-50. -Definitions, Agricultural commercial means, for the purposes of this Chapter: (1) agricultural processing facilities for produce or livestock; (2) intensive, factory -style production of animals or animal products; or (3) commercial uses serving the agricultural sector (but does not include office uses). Typical uses include feedlots, dairies, factory farms, sales of agricultural equipment or supplies, commercial agricultural storage facilities, agri-entertainment facilities (i.e., roping arena, corn mazes, etc.) and similar uses. In compliance with the appeal process provided in the Weld County Municipal Code, an appeal of the fee was made within 10 -days as indicated in the timeline below. Timeline of Request to Appeal April26, 2023 • The building permit fee for CMN22-0131 located at 37442 Highway 392 was provided by the Weld County Building Department (WCBD) including a summary of the fees assessed. • AGPROfessionals submitted a request to Wendi Inloes, Planning Coordinator, for a review of the road impact fees assessed. May 1, 2023 • Wendi Inloes reviewed the fees assessed and provided a re -assessment of the road impact fee. May 4, 2023 AGPROfessionals submitted an emailed request appealing the land -use type to Tom Parko, Planning Director. Tom Parko, Planning Director, provided an emailed response indicating how to proceed with the appeals process. Please provide a written determination with your findings of facts and conclusion of law as required per Sec. 20-1-60.H. AGPROfessionals will be representing Steven Wells. Please remit responses to AGPROfessionals. If you have any questions, please contact me at (970) 535-9318. Page 3 of 3 Sincerely, AGPROfessionals Encl. 1. Email Correspondence: April 26, May 01, and May 04, 2023 2. Weld County 2023 Impact Fees sheet CC: Tom Parko, Planning Director tparkona,weldgov.com Hannah Dutrow From: Tim Naylor Sent: Tuesday, May 16, 2023 10:38 AM To: Tom Parko Jr; Esther Gesick; Hannah Dutrow Cc: Kelsey Bruxvoort; wellsranchsba@gmail.com Subject: RE: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees Thanks Tom. We will update and send to you. Tim Naylor AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 970-535-9854 fax (303) 870-0013 mobile www.agpros.com AGPROfessionals DEVELOPERS OF AGRICULTURE NORTHERN COLORADO ZMERCURY egir ' FASTEST -GROWING PRIVATE COMPANIES 2022 HONOREE BizWest From: Tom Parko Jr <tparko@weld.gov> Sent: Tuesday, May 16, 2023 9:42 AM To: Tim Naylor <tnaylor@agpros.com>; Esther Gesick <egesick@weld.gov>; Hannah Dutrow <hdutrow@agpros.com> Cc: Kelsey Bruxvoort <Kbruxvoort@agpros.com>; wellsranchsba@gmail.com Subject: RE: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees Tim, Good morning. Attached is the letter you provided to me on the last appeal from 2013. You followed the proper protocol with Mr. Moser, and we are just asking you do the same here. The initial appeal should go to me and not Mrs. Inloes. If my determination isn't satisfactory, then you owner can appeal to the Board of County Commissioners. Sincerely, Tom Parko Director, Dept. of Planning Services Weld County Goverment 1402 N. 17th Avenue Greeley, Colorado 80631 tel: 970-400-3572 1 tparko@weld.gov DO C From: Tim Naylor <tnaylor@agpros.com> Sent: Tuesday, May 16, 2023 9:33 AM To: Esther Gesick <egesick@weld.gov>; Hannah Dutrow <hdutrow@agpros.com> Cc: Kelsey Bruxvoort <kbruxvoort@agpros.com>; Tom Parko Jr <tparko@weld.gov>; wellsranchsba@gmail.com Subject: RE: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees 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. Esther and Tom We believe the email provided by Director Parko was a formal denial of the modification of the Land Use Type. As such, we are requesting, on behalf of Mr. Wells, to appeal the decision of the Director to the Board of County Commissioners in accordance with the appeal procedures set forth in Section 2-4-10 of the Weld County Code. If we are denied by the Board then we will conduct an Independent Fee Calculation as described in Section 20-1-80. If Director Parko would like to provide a more formal denial with written findings of facts and conclusion of law that is his discretion. The appeal provided is still accurate to the appeal process and we would request it be processed accordingly. Thank you. Tim Naylor AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 970-535-9854 fax (303) 870-0013 mobile www.agpros.com ■IIII DEVELOPERS OF AGRICULTURE AGPROfessionals From: Esther Gesick <egesick@weld.gov> Sent: Monday, May 15, 2023 3:37 PM To: Hannah Dutrow <hdutrow@agpros.com> lacy 2 =MERCURY FASTEST -GROWING • PRIVArt COMPANIES •.. 2022 HONOREE NORTHERN COLOR•DO The 81,Nrat Cc: Tim Naylor <tnaylor@agpros.com>; Kelsey Bruxvoort <Kbruxvoort@agpros.com>; Tom Parko Jr <tparko@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: FW: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees Hello Hannah, In looking through the appeal materials, I do not see an appeal determination from the Director of Planning Services. In order to file an appeal with the Board of Commissioners, you must first work through the Code process as indicated by Director Parko, per his email instruction dated May 4, 2023. Because he is copied on this email thread, I am deferring your correspondence to him to review and make his written determination. Once that step is accomplished, then I can formally receive the complete packet and work with you to schedule an appeal hearing before the Board. Please let me know if you have any questions. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 CO Jr 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: Hannah Dutrow <hdutrow@agpros.com> Sent: Monday, May 15, 2023 10:56 AM To: Esther Gesick <egesick@weld.gov> Cc: Tim Naylor <tnaylor@agpros.com>; Kelsey Bruxvoort <kbruxvoort@agpros.com>; Tom Parko Jr <tparko@weld.gov> Subject: RE: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees 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. My apologies, here is the request with the attachments referenced. Thank -you, Hannah Dutrow Land Planner III Nt;PROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 303-775-0780 970-535-9854 fax www.agpros.com 3 AGPROfessionals DEVELOPERS OF AGRICULTURE '✓;MERCURY FASTEST -GROWING PRIVATE COMPANIES 2022 HONOREE NORTHERN COLORADO BizWest From: Hannah Dutrow Sent: Monday, May 15, 2023 10:54 AM To: Esther Gesick <egesick@weldgov.com> Cc: Tim Naylor <tnayloreagpros.com>; Kelsey Bruxvoort <Kbruxvoort@agpros.com>; Tom Parko Jr <tparko@weld.gov> Subject: Appeal of Weld County Planning Department Decision Regarding Road Impact Fees Good morning, Esther — We are requesting the Board of County Commissioners (BOCC) hear an appeal of the land use designation used to calculate road impact fees as determined by the Weld County Planning Department. Attached is our formal request for a hearing with the BOCC. If there is anything else you need to complete this request, please feel free to reach out. Thank -you, Hannah Dutrow Land Planner III AGPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 303-775-0780 970-535-9854 fax www.agpros.com i _ AGPROfessionals DEVELOPERS OF AGRICULTURE :, Wan 4 :MERCURY • FASTEST -GROWING • PRIVATE COMPANIES 2022 HONOREE SOOTHEC:74 COI 1P AD BizWest From Ts: Cc: Subject oat Attachments loin PaAc Jr Isaliedoc Saks lalm timoab Essit a. mbaciabtfbouicso RE 00024131 11442 nWr 392 T$irsdN, !In 4. 2023 9 S2 23 AM cocmagiama naLuaa mama cataltma Slaw c.r 2n 1 60 1flW bat o! is. a,rt re M 1 M In arrant Am urines Art 4. Tim Good morning Please see attached The proper process is to follow :he appeal process as outlined in the County Code. I believe you are familiar with process. but 4 you have any questions please let me know You can either appeal under Section 20-1-60.H or perform an Independent fee analysis per Section 20-1-80. Sincerely, Torn Porno Director. Dept of Planning Services Weld County Goverment 1402 N 17" Avenue Greeley. Colorado 80631 tel 970-400-3572 tparko€weld 9ov ©O© From: Tim Naylor ctnaylorgagpros.com> Sent Thursday May 4. 2023 826 AM To: Wends aloes cwinioes@weld gov> Cc Hannah Outrow <hdutrow@agpros.coma; weilsranchsba@gmait.com: Tom Perko Jr <tparko@we:d gov> Subject RE CMN22.0131 - 37442 HWY 392 tut Inn 1'lu' mail ortet sled 9cm 1xnvdc.if W'.:1d I:omit) Ci€wiaivuc t. h• 1u< chi* lots dr OWII elf" :rn, iildc', lot rt.1111/ the solder roll Snow Os: is Nit:: Wendt Mr. Wells and I believe the Intent of the Crow Creek protect was a an agricultural type facility We request that the impact fees be valued a Agnaaltu►al Commercial as original's! requested The facility is located on Hwy 392 and has not direct impact to the Weld County road system. if this is not an acceptable option for staff. please forward the request to the 30CC for a waiver request Thank you. Tint Nayror AGPROfcssIonaIs 3050 67th Avenue. Suite 200 Greeley. CO 80634 970-535.9318 office 970-535-9854 fax (303) 870.0013 mobile yiww agoras Facer AGPROfessionals DEVELOPERS OF.AGRICLIMRF. art acua• •.S0- rw nsut ratios-. Batti From: Wendi Intoes <wmlaesSweld,gpv> Sent Monday. May L 2023 12'51 PM To: Tim Naylor <mayloriaagcros com> Cc: Hannah Outrow <hdu:roweaaoros corn>. yve!�iarch.haegmail rnnr Tom Parko Jr <tossrt Q 'weld jv'> Subject RE. CMN22.0131 - 37442 HWY 392 CMN22-0131 C STATUS CHANGE OF USE FROM AG-EXEM..- > Ready to Issue 04:21,2023 by Josie Marron Herr. Su+nmaty Record 01 Parcel 02 Owner 03 Address 04 Additional Info 05 App Specific Info 06 Contacts 07 Valuation Ca)c 08. Fees 09 Payment 10. Inspections 11 Workflow w - a a Wendt Inloes Planning Coordinator 1402 N 17" Ave Greeley. CO 80631 Phone: 970-400-3543 Office Hours 7 30 am to 4 30 pm n"ts�£�DOD 4 Menu LOCATION CONTAC T 37442 HWY 392 > HANNAH DUTROW A notice was added to this record on 2023.04-20 condition Seventy Notice Total con,r$tlo's i ihkihce 1) View notice Add Undo Delete Void Invoice ReCalc Help Fee Cat Factor Job ValueiCa*Cutator61,195.25961 v Fee Total Sc25559 Showing 1.6 of 6 lI li O U Page t of 1 i2er ifl(il r-,,In<1 SuC4. rag) : t+_ iwh` ' ••, ,'c r-' Vase AFt+g]A BUR L11111K5 BC -65% BFEE001t Bu*%ng 10114/2022 BUILDING BFEE00t3 Etectrua 04/25e21123 BUILDING BFEEO211 Facility 05.0112023 BUILDING BRFEE0130 RIFArea2 05Vt2023 BUILDING BFEEOO17 Swoon ate 10/14/2022 BUILDING BC -65% BFEEOO2O Maps Out 10114/2022 From: Tim Naylor <tnavlorg)aporos com> Sent Monday. May 1. 2023 12:41 PM To: Wends Inloes <win1oe6!wetd .rtv> Cc Hannah Outrow <ridutt0WeDdR0fai tarrPr yveflsranchsbatihrmali earn- Tom Panto Jr <taarkoi@weldaoif> Subject RE: CMN22.0131 - 37442 HWY 392 QtiantAt i 1;'.1; WORKFLOW 17 total Task • 9 completed O 1 active I S5 5-51 25 NEW 18,854 S $323 00 NEW 502.6 S 55 026 00 NEW 25.992 S S25 992 00 NEW 1 /55 03 Dollars SI 755 03 NEW 1 S3.608 31 NEW th skid Prior a .•ii. in 11u.:ao t1 k.ripna•Td &;n .tdvde of V1-ekl t tins cintme Sete [lr tut click hri. it .pen .ittacisrnsts'rtes v: i tali:razz The .coin al 1nw the areas t..+lc Please mend the updated fee for CMN22-0131 Thanks Tim Naylor ACPROfessionals 3050 6?tn A'.enue Suite 200 Greeley. CO 80634 970.535.9318 office 970-535-9854 fa. (303) 870.0013 mobile www Maros earth AGPROfessionals 0FVEI.OPERS OF SGRICC LTUkF bang *Torch Awards � � Winner a.s! a e: u Rt tic :a. .,.. Tn.a0.. tDr .n.Crp BiAlest From: Wends inloes <yyinloesi wild gov> Sent Monday, May 1, 2023 11:57 AM To: Tim Naylor <TnavioriRagoro: cOM> Cc Hannah Dutrow <ndutrowCagQros corn>; weikranrhnba.Agmail can*' Tom Parko Jr <tnarkoeweidaoa> Subject RE CMN22-0131 37442 HWY 392 it goes under commercial as an event center Wendi Inloes Planning Coordinator 1402N17"Ave Greeley, CO 80631 Phone: 970-400.3543 Office Hours 7 30 am to 4 30 pm iv. , CCM From: Tim Naylor <7navinctiagoros cam> Sent Monday, May 1. 2023 11:46 AM To: Wendi Inloes <wintoesrtalweld.py> Ce: Hannah Dutrow <bdutrowebagpros Coot>: yrellsranchsbaagmail cam; Tom Panto Jr gnarl nr1lwektyu > Subject RE CMN22.0131 - 37442 HWY 392 .hAMs - Thu. anal .'rrpiuted from tulwk ..1 Weit County a 1w *fangs Dv net th et luie of open an.ct,nas. ia1<...cu twograte the .erdo al Anew It grams is Aak Thanks Wends What category s being used for the event center) This site is used normally on weekend and for wagon rides and weddings. it is not a daily use nor a it a snooping center The square footage s ready a minimal difference We would propose that the facility is more correctly categorized a ag commercial Call to discuss Thanks Tim Naylor AGPROfcuionals 3050 67th Avenue. Suite 200 Greeley. CO 80634 970.535.9318 office 970-535-9854 fax (303) 870-0013 mobile wwwbilli s.mm AGPROfcssionals DEVELOPERS OF AGRICULTURE aWU AliKrds irEfhics Winner •w IScaa♦ Psi MST 11.10111011 Biz%tt di From: Wends Inloes <winloe dilwrldayy> Sent Monday. May 1. 2023 11:36 AM To: Tim Naylor cinavtor6Igoras corp Cc: Hannah Dutrow chdutrowItaaoros rom>; wolhranrtnb. mail cam Subject RE• CMN22.0131- 37442 HWY 392 Ok all I can don change some sq footage — I read it as a 8501 and changed lee to 7200 @ 525,992 and Faolrty $5026. Took out the storage so didn't change much but at 531, 018 Gwen the site it is a large number. I did use the 2022 fee. From here if you want to appeal the fee, this goes through Tom, he is aware of what's going on. Wends Inloes Planning Coordinator 1402 N 179 Ave Greeley. CO 80631 Phone: 970-400-3543 Office Hours 7 30 om to 4 30 pm coo From: Tim Naylor cOtavloraggar4y,t,07n> Sent Wednesday, April 26, 2023 3:06 PM To: Wendi Inloes cyrmloeshweld,gpp> CC Hannah Dutrow <hdutrowttagpres coin>; wellsranchsbak'zmarl.cnm Subject FW: CMN22-0131 - 37442 HWY 392 i .utso. This anal 0np1nak4lm» .utate of tl ski k -.we, •. leis mast IM etil diet lilt, it even a schrnas. mile* .ou a u'wwz the %osier .iris ten+ the carless i. Aare Wendi Can you look into the road .impact fee for CMN22.01317 Its a 7200sf budding with a mezzanine 534,712 for RIFs seems extreme Thanks Tun Naylc. ACPROfessionals 3050 67th Avenue. Suite 203 Greeley. CO 80634 970.535.9318 office 970-535-9854 fa. (303) 870.0013 mobile 11110101107.216,02111 AGPROfessionals OLVELt)I9Ita OF AGRICULTURE •n•m To Winner .s scurf assea ,.►` awn as Biz%tt From: Hannah Dutrow chdutraweatpros corn> Sent Wednesday. April 26. 2023 1-02 PM To: Julie Haywood clhavwoodaweld aav> CC Tim Naylor cynavlor&ggoms corn> : Kelsey 8euxvoort clij ru(voortaegorosicirn> Subject RE: CMN22.0131 - 37442 HWY 392 Thank you. Julie Can you please confirm the balance owed for the permit is 552.764.59. Hannah Dutrow Land Plannc• AGPROfessionals 3050 67th Avenue. Suite 10C Greeley, CO 80634 970.535-9318 office 303- 775.0780 970-535.9854 fax www agoras corn AGPROfessionals DEVELOPERS OF ACtICVLX RF. From: Julie Haywood clhavwoodiDwold gov> Sent Wednesday, April 26, 2023 12:22 PM To: Hannah Dutrow chdutrowa4gpros,com> Subject RE: CMN22-0131 - 37442 HWY 392 Pan O. reCiamt MMUS BzV4st 1 4 MRCP 1 kt nil Pencil Swig* is. Coto - .9-. pica taste.Nyisttaid ;Jallii flnt i w: St:mi = J,q,.tsd cm Grey Fes Paama Liu* %RMOWG BCC BFEEM 11 & ci g 1W14t20Z2 I 15 56125 NEW 56.55125 sluaeaG BFEE0O13 E:YUttca 0426+2023 18854 S 537300 NEth 5'.2300 9tRl DWG BF.E4211 Facie) 01:17)2023 5 934 S 15 934 00 NEW S5.934.00 801.EIiG BFEE421I Fat 9141712823 9S S 58600 NEW 58500 BtALOIl4G BRFEE4t 30 RIF Areal 61;172023 14217 I 534 21700 PC7 $34 217 00 BLNLEANG BIRWEE0130 t1: Areal 01//712023 1.291 1 $1,29100 NEW 11.29100 MAIt71NG 8FEE0(+17 Staievale 10114.+1022 1 75603 Dolan $1 75503 NEN $1 75503 BUIL.De4G BC -6S% BFEE'3020 V.yaAu 100/4!2022 1 33 608 31 NEW 5360831 From: Jmie Marron Herren <ynarronherreraewe.d g n> Sent Monday. Apnl 24, 2023 4:24 PM To: Julie Haywood <Jha.waoday.c i Subject FW: CMN22.0131 37442 HWY 392 From: TIT Naylor cynavlor/Daeoros LQm' Sent Monday. April 24, 2023 3:56 PM To: Hannah Dutrow <hdutroweaggro; corn: Jove Marron Herrera cdnarrunherreriaweld gev> Cc Kelsey 9ruxvoort ckbrurvoor&tagoistrnm> Subject RE CMN22.0131 37442 HWY 392 r worm Teas :mud .vrtpnatet rrcm . wrek .KWcW Cowry wry t n cnr at De rn c1K► Int..r open M>ctrnau ruicss yvu rocopnue the .cvwkt .sM know, Ere oven r. vie ,cask Regarding CM N22•0131 The cost of job is 5984.000 Electrical cost is 18.854 Please provide the breakdown of the fees? Thanks Tim Naylor AGPROfessionals 3050 67th Avenue. Suite 200 Greeley CO 80634 970-535-9318 office 970-535.9854 fax (303) 870-0013 mobile YOICAUSRUILCDM AGPROfessionals DEVELOPERS OF AGRICULTURE From: Hannah Dutrow <hdutrowaaaoros corn> Sent Friday. April 21. 2023 9:46 AM To: Tim Naylor <tnavlorifalaaoros.com> Cc: Kelsey 8ruxvoort <khruxvoortiAagoros corn> Subject Fwd CMN22-0131 - 37442 HWY 392 Sent from my /Phone Begin forwarded message From: lope Marron Herrera <imarronherreraaysrld gny> Date. April 21. 2023 at 8 10 14 AM MDT To: Hannah Dutrow <hdutrowaertoro-„corn> Subject CMN22-0131.37442 MY 392 OYan irfc wr:awa- io �isni Bast Good morning, Your permit is ready to be picked up with a balance due of s will be determine after electrical costs added We are needing the cost of job. You may make a payment over the phone with a credit card and we can ema!l the receipt and inspection card If you have any questions or concerns please feel free to contact our office at 970-400.6100 . any one of the front staff will be happy to help you with this. IOS'e ?4arrnr Ned Cavity Perrbtag Sr Auddng Ikpa'Emer: MG? N Ilit ,h G'rety CO 80631 97Gt00.6 f (A) it Cwydrntu$ay $nfrtr (lus rfrcuo.t trans mnfn)n and ()fly urratttrrt documents ry oflrt Wrttsmo art attended only fog the priton us runty ro et ch If et ollrnsrt and mw<mrnon inforrnrnrun :hut n w44I -grU tonfatnrol at nth -rant pnort fed /tom d1(kffwr rJ you how rrteiwd rhn trmmuncolson sr) runt °Star rmmrdtnfry nobly 'engirt by rrfwn r marl and trsnoy me communication Any tintknrnr capyuc, dr rnbufron of llr tatty of any or fon tmcrrrrrrp rtr contents o/ lbn t ammuucoluvg nt any affachmrtrn by °snort ulna Own the flurried trrtprnt is snot ty prohrdlyd Impact Fees Road Impact Fee Categories Fees Single -Family Detached Dwelling .................. $3,114 Multi -Family Dwelling $2,202 Mobile Home Park Pad............ $1,802 Hotel/Motel Room...... $1,884 Shopping Center/Commercial.................. $4,359 per 1,000 sq. ft. Office $2,782 per 1,000 sq. ft Institutional/Quasi-Public..................... .$1,366 per 1,000 sq. ft. Manufacturing/Industrial ........................... $2,474 per 1,000 sq. ft. Warehouse. .$1,222 per 1,000 sq. ft Mini -Warehouse. $ 604 per 1,000 sq. ft. Agricultural Commercial $ 942 per 1,000 sq. ft. County Facilities Categories Single -Family Detached Dwelling $1,515 Multi -Family Dwelling....... ..... ................................................. $1,043 Mobile Home Park Pad. . $1,570 Hotel/Motel Room..................................................................$ 592 Shopping Center/Commercial.................. $1,168 per 1,000 sq. ft. Office ......... .............................. .$ 815 per 1,000 sq. ft. Institutional/Quasi-Public................................. $ 318 per 1,000 sq. ft. Manufacturing/Industrial....................................... .$ 356 per 1,000 sq. ft. Warehouse............................................................... .$ 152 per 1,000 sq. ft. Mini -Warehouse... .$ 77 per 1,000 sq. ft. Agricultural Commercial ...............................................$ 305 per 1,000 sq. ft. Drainage Impact Fee All Land Uses Sq. Ft. of Impervious Cover* $0.20 * The impervious area of streets or driveways within the public right-of-way adjacent to the parcel shall be included up to the centerline of the street. Gravel roads and driveways shall be counted as 50% impervious. Drainage Impact Fee Calculation — (click here for help in calculating fee) Hello