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HomeMy WebLinkAbout20223480.tiffApplication Review Notification Card *XI _COUNT Y A public hearing will be held before the Weld County Planning Commission (PC) and a subsequent hearing will be held with the Board of County Commissioners (BOCC). Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. Please note the hearing dates and times listed on the other side of this card for the proposed project. The Agenda will be posted one week prior to the hearing. The hearings will also be live -streamed at httos://www.weldaov.com/departments/commissioners/ If you would like more information regarding this proposal and the conditions that must be met, the file is public information and is available for review at our office. You may also view the file online at https://accela-aca.co.weld.co.us/citizenaccessi by inserting the case number. Comments or objections related to the request should be submitted in writing to the Weld County Department of Planning Services, 1555 N 17th Ave, Greeley CO 80631, on or before the date of public hearing. All cases scheduled before the Planning Commission are subject to continuance, due to lack or quorum or otherwise. Contact the Department of Planning Services at 970-400- 6100 oremailpctechs@weldgov.com for hearing continuance information. ATTENTION: Proposed Conditions related to this Site Specific Development Plan and Use by Special Review Permit request including, but not limited to, the number of allowable employees, hours of operation, screening, and number of allowable vehicles and vehicle trips are subject to change or removal at both the Planning Commission and Board of Commissioners hearings. Case #: COZ22-0011 Name: R&N Properties, LLC Proposed Project: Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District. Location: West of and adjacent to Interstate 25 frontage road; approximately 0.25 miles north of CR6. Planner: Michael Hall PC Hearing Date: Dec. 6, 2022 at 12:30 pm BOCC Hearing Date: Dec. 21, 2022 at 10 am Rdl2 PROPERTIES Lit I E67Zjaoaatt RAN PROPERTES U -C 1 E6732700A3d - 1 1 7 Weld County Planning Services le 1555 N 17th Ave Greeley CO 80631 (970) 400-6100 SURROUNDING PROPERTY OWNERS COZ22-0011 NAME SURPRISE PROPERTY DEVELOPMENT LLC ASPHALT SPECIALTIES CO INC GARY CLELAND JUAN ITHA JACOBS BRENNAN ADDRESS PO BOX 3065 10100 DALLAS ST 3406 COUNTY ROAD 7 3014 ALBION ST CR7 ERIE RV LP C/O HARTER SECREST & EMERY 1600 BAUSCH AND LOMB PL ALEXANDER BAKER MARK SCHLOTE ROBERT LOVEWELL WILLIAM HABERKON 1701 W 125 FRONTAGE RD 1701 W 125 FRONTAGE RD 3693 COUNTY ROAD 6 3733 COUNTY ROAD 6 CITY, STATE HILTON HEAD ISLAND SC HENDERSON CO ERIE CO DENVER CO ROCHESTER NY ERIE CO ERIE CO ERIE CO ERIE CO ZIP 29928 80640 80516 80207 14604 80516 80516 80516 80516 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number COZ22-0011 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 17th day of October, 2022. Dated the 17th day of October, 2022. 1Ykt&L& rpa WCIL Michelle Wall Planning Technician WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/10/2022 9:49:36 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146722400011 711-eisol 50.-etal Signature 8-10-2022 Date Account Parcel Owner Mailing Address R4356906 146722100002 SURPRISE PROPERTY DEVELOPMENT LLC PO HILTON BOX 3065 HEAD ISLAND, SC 299280065 R0068391 146722400011 R&N PROPERTIES LLC 14101 AURORA, E 33RD CO 800111613 PL STE F R2581603 146722400034 R&N PROPERTIES LLC 14101 AURORA, E 33RD CO 800111613 PL STE F R2581803 146722400035 ASPHALT SPECIALTIES CO INC 10100 HENDERSON, DALLAS ST CO 806408491 Parcels: 4 Owner Records: 4 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/10/2022 9:49:37 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146722400011 Parcels: 4 Owner Records: 4 "I 45a-aa Signature 8-10-2022 Date Page 2of2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/28/2022 11:54:05 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146722400034 7lieja, 5a-aci Signature 8-10-2022 Date Account Parcel Owner Mailing Address R5796386 146722000019 CLELAND RHONDA L R5796386 146722000019 CLELAND GARY L 3406 ERIE, COUNTY CO 805168613 ROAD 7 R4356806 146722100001 BRENNAN JUANITHA JACOBS 3014 DENVER, ALBION CO ST 802072607 R4356906 146722100002 SURPRISE PROPERTY DEVELOPMENT LLC PO HILTON BOX 3065 HEAD ISLAND, SC 299280065 M5796886 146722200007 GRINSTEAD F TRICIA R3302805 146722200007 CR7 ERIE RV LP C/O 1600 ROCHESTER, HARTER BAUSCH SECREST AND NY 146042711 LOMB & EMERY PL LLP M5796886 146722200007 HULSTROM DAVID J 2714 ERIE, COUNTY CO 805168301 ROAD 7 R6808696 146722300030 BAKER ALEXANDER MICHAEL 1701 ERIE, W CO I25 805167815 FRONTAGE RD R5798286 146722400002 SCHLOTE MARK Parcels: 13 Owner Records: 19 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/28/2022 11:54:05 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146722400034 714%0 5eaci Signature 8-10-2022 Date Account Parcel Owner Mailing Address R5798286 146722400002 BAKER ALEXANDER MICHAEL (1/2 INT) 1701 ERIE, W CO 125 805167815 FRONTAGE RD R5798786 146722400006 LOVEWELL KAREN S R5798786 146722400006 LOVEWELL ROBERT J 3693 ERIE, COUNTY CO 805168304 ROAD 6 R5798886 146722400007 HABERKON MARY ANN LIVING TRUST R5798886 146722400007 HABERKON WILLIAM LIVING 3733 ERIE, COUNTY CO 805168304 ROAD 6 TRUST R5799086 146722400010 SPEAR CALLIE L R5799086 146722400010 SPEAR PATRICK H 3843 ERIE, COUNTY CO 805168300 ROAD 6 R0068391 146722400011 R&N PROPERTIES LLC 14101 AURORA, E 33RD CO 800111613 PL STE F R2581603 146722400034 R&N PROPERTIES LLC 14101 AURORA, E 33RD CO 800111613 PL STE F Parcels: 13 Owner Records: 19 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/28/2022 11:54:05 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146722400034 Wif.it 5eaal Signature 8-10-2022 Date Account Parcel Owner Mailing Address R2581803 146722400035 ASPHALT SPECIALTIES CO INC 10100 HENDERSON, DALLAS ST CO 806408491 Parcels: 13 Owner Records: 19 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/28/2022 11:54:06 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146722400034 Parcels: 13 Owner Records: 19 5a-aci Signature 8-10-2022 Date Page 4of4 Hogan Lovells November 8, 2022 VIA FEDEX AND EMAIL Weld County Planning Department 1555 N. 17th Ave Greeley, Colorado 80631 Attn: Michael Hall mhall@weldgov.com Hogan Lovells US LLP 1601 Wewatta Street Suite 900 Denver, CO 80202 T +1 303 899 7300 F +1 303 899 7333 www.hoganlovells.com Re: A Change of Zone from the A (Agricultural) Zone District to the 1-2 (Medium Industrial) Zone District affecting the real property legally described on Schedule 1, attached hereto (the "Property") Dear Mr. Hall: This letter serves as notice to Weld County, Colorado, pursuant to Colorado Revised Statutes Section 24-65.5-103(1)(b), that the notices attached to this letter as Schedule 2 (collectively, the "Notices") were provided by R&N Properties LLC, a Colorado limited liability company (the "Applicant") to the recipients described in Schedule 3 (collectively, the "Recipients"), each Schedule being attached hereto and incorporated herein. The Notices were sent via certified mail, return receipt requested, as shown in the certificates of mailing attached hereto in Schedule 4 and incorporated herein. The Notices contain the information required pursuant to Colorado Revised Statutes Section 24-65.5-101 et seq. (the "Mineral Notice Statute"), and the Recipients were determined pursuant to the criteria required by the Mineral Notice Statute. This letter also serves as the Applicant's certification pursuant to Colorado Revised Statutes Section 24-65.5-103(4) that notice has been provided to the mineral estate owners as required by Colorado Revised Statutes Section 24-65.5-103(1). Further, this letter also serves as the Applicant's certification pursuant to Colorado Revised Statutes Section 24-65.5-103.3(1)(a) that notice has been provided to mineral estate owners pursuant to the Mineral Notice Statute. Please contact me with any further questions or comments. Sincerely, Ted Brown Ted.brown@hoganlovells.com D 1+303.454.2405 cc: Nate Hewson, R&N Properties LLC \\4137-1734-2017 v1 SCHEDULE 1 LEGAL DESCRIPTION OF THE PROPERTY LOT A, AS SHOWN ON RECORDED EXEMPTION NO. 1467-22-1-RE130(}, RECORDED ON DECEMBER 3, 1990, IN BOOK 1283 AT RECEPTION NO. 2234699, WELD COUNTY, COLORADO. LOT B OF RECORDED EXEMPTION NO. 1467-22-1-RE1300 RECORDED DECEMBER 3, 1990 AS RECEPTION NO. 2234699, BEING PART OF THE NORTH 14 OF THE SOUTHEAST 14 OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO; LESS THAT PORTION CONVEYED TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO IN INSTRUMENT RECORDED APRIL 18, 2000 AS RECEPTION NO. 2762519, OF WELD COUNTY RECORDS. 1\4137-1734-2017 v1 SCHEDULE 2 MINERAL NOTIFICATION FOR APPLICATION FOR REZONING OF THE PROPERTY \\4137-1734-2017 v1 November 2, 2022 [Mineral Owner Name, Address] RE: Notice to mineral estate owners and lessees of public hearing affecting the surface development of the real property legally described on Exhibit A ("Property") Dear Sir or Madam, Please be advised that R&N Properties LLC ("Applicant") has made application to Weld County for a change in zoning for the above referenced Property. The Property is currently zoned for agricultural use in the A (Agricultural) Zone District. The Applicant is seeking to change the zoning of the Property to 1-2 (Medium Industrial) Zone District, which would allow for the development of light industrial warehouse facilities. The case number for the rezoning of the above referenced property with the Weld County Planning Department is COZ22-0011. The general location of the Property is in the area lying to the west of Interstate 25, to the south of Erie Parkway, to the east of County Road 7 and to the north of County Road 6. All of the Property is located in Weld County. On Tuesday, December 6, 2022, at 12:30 P.M., or as soon as possible thereafter, a Planning Commission hearing will be conducted, and on Wednesday, December 21, 2022, at 10:00 A.M., or as soon as possible thereafter, a Board of County Commissioners hearing will be conducted. Hearings will be conducted in the Weld County Administration Building located at 1150 O Street, Greeley, Colorado 80631, or at such other time and place as these hearings may be adjourned. Public hearings will be heard upon the application on file with the Weld County Planning Department for a rezoning of the above -referenced property pursuant to the Weld County Code. Materials relating to the application for change of zoning at the Property, as well as any guidelines and regulations for the administration thereof are on file, and may be examined at the Weld County Planning Department, 1555 N 17th Ave, Greeley, Colorado 80631. Inquiries regarding this matter can be made by contacting the Weld County Planning Department or the Applicant at the following notice addresses: \\4137-1734-2017 v1 If to the Weld County Planning Department: Weld County Planning Department Attn: Michael Hall 1555 N. 17th Avenue Greeley, CO 80631 (970) 400-3528 mhall@weldgov.com Sincerely, Nate Hewson R&N Properties LLC If to the Applicant: R&N Properties LLC Attn: Nathan Hewson 14101 E. 33rd Place, Ste F Aurora, CO 80011 (303) 929-4256 nate@empireroofing.com \\4137-1734-2017 v1 EXH I BIT A Legal Description LOT A, AS SHOWN ON RECORDED EXEMPTION NO. 1467-22-1-RE130O, RECORDED ON DECEMBER 3, 199O, IN BOOK 1283 AT RECEPTION NO. 2234699, WELD COUNTY, COLORADO. LOT B OF RECORDED EXEMPTION NO. 1467-22-1-RE13OO RECORDED DECEMBER 3, 1990 AS RECEPTION NO. 2234699, BEING PART OF THE NORTH 1 OF THE SOUTHEAST 1 OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO; LESS THAT PORTION CONVEYED TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO IN INSTRUMENT RECORDED APRIL 18, 2O0O AS RECEPTION NO. 2762519, OF WELD COUNTY RECORDS. 1\4137-1734-2017 v1 SCHEDULE 3 RECIPIENTS OF THE NOTICES PURSUANT TO THE COLORADO REVISED STATUTES SECTION 24-65.5-101 et seq. Crestone Peak Resources Holdings LLC Attn: DJ Surface Land Department 1801 California Street, Suite 2500 Denver, Colorado 80202 Encana Oil & Gas (USA) Inc. Attn: DJ Land Department 370 17th Street, Suite 1700 Denver, Colorado 80202 1\4137-1734-2017 v1 SCHEDULE 4 CERTIFICATES OF MAILING FOR THE NOTICES r Cr C 4, Er rr C U.S. Postal Service' CERTIFIED MAIL® RECEIPT. Domestic Mali Only For deiive'ry tntorri,,,tion, vilit t ur websitCUt rrww us.S c r OFFIcIA_ia _ SE rn `ice paw'► 0 A' e' IliiCalkA karanci $ C, O cad Riaid0eb•ery Cl $ °AAA Sewn ThisivadDeny t o ru r ru rR ru C N bass aS?Ina. `', a ; Encana ON & Gas Ate: Di Land Department Apti. 370 17th Street. Suite 1700 Denver , Co 80202 iYepstetn A0204 • PS fro 39(' ,aph. 11.1 43 er 4, r C in C C at 0 RI RI Ri a N 0 r ~pee One epee OS ellillweSIMPOSIOnee 11.0 fie trstr tilorr3 U.S. Postal Service" CERTIFIED MAILS RECEIPT Domestic Mail Only For delivery information, vI*..4t our weJSflI a wWN UspL CO" OFFIQLAL 7" t I Pa S 'Fix 91 11certlea OWE* j S , atcalpi CarWS Ls Asiand Wein$ o °Ada Cufatin Nand 0ROMSC"rr' tit Crestone Peak Resourceskioldings USC Sim Attu: Di Surface Land Department 1801 California Street* Suite 2 of Denver, Co80202 • \\4137-1734-2017 v1 LAND SERVICES OIL AND GAS TITLE P.O. Box 336337 Phone (970) 351-0733 Greeley, CO 80633 Fax (970) 351-0867 LIST OF MINERAL OWNERS AND MINERAL LESSEES for NOTIFICATION (R&N Properties LLC Property) Subject Property: Township 1 North, Range 68 West of the 6th P.M. Section 22: Lot A and B, Recorded Exemption No. 1467-22-1-RE1300, recorded on December 3, 1990, in Book 1283 under Reception No. 2234699, being part of the NY2SE%; LESS that portion conveyed to the Department of Transportation, State of Colorado in instrument recorded April 18, 2000 under Reception No. 2762519 Zeren Land Services, an oil and gas title research company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners entitled to notice under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101, et seq. in the Subject Property based upon the records of the Weld County Assessor and Clerk Recorder as of July 26, 2022 at 7:45 a.m.: Mineral Owners: Mineral Leasehold Owners: None (entitled to notice) Dated this 1st day of August, 2022. Crestone Peak Resources Holdings LLC (fly EnCana Oil & Gas (USA) Inc.) Attn: DJ Surface Land Department 1801 California Street, Suite 2500 Denver, CO 80202 ZEREN LAND SERVICES By: Cyhia A. E. Zeren, Cl Certified Professional Landman #4044 Page 1 of 2 At the request of Ridge Top Engineering & Surveying ("Client"), Zeren Land Services, an independent land consulting firm, has prepared the foregoing list of mineral estate owners entitled to notice under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101, et seq. Zeren Land Services, searched (i) the records of the Weld County Assessor relating to the Subject Property for persons identified therein as mineral estate owners, and (ii) the records of the Weld County Clerk and Recorder relating to the Subject Property for recorded requests for notification in the form specified in the Surface Development Notification Act. The results of these searches are set forth above in this List of Mineral Owners Entitled to Notice. At the date of the search, the records of the Assessor and the Clerk and Recorder were posted through July 26, 2022 at 7:45 A.M. Zeren Land Services, agreed to prepare this listing for the Client only if the Client agreed that the liability of Zeren Land Services, would be strictly limited to the amount paid by the Client for such services. Zeren Land Services, makes no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of such listing of mineral estate owners. In the event the listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Zeren Land Services, shall never exceed the actual amount paid by Client to Zeren Land Services, for the listing. In order to induce Zeren Land Services, to provide such services, Client further agreed to indemnify and hold Zeren Land Services, its managers, members and employees, harmless from and against all claims by all persons (including, but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid to Client by Zeren Land Services, for such listing. Client specifically intends that both the foregoing limitation on liability and foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including, but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Zeren Land Services) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Client's use of this listing evidences Client's acceptance of, and agreement with, this limitation on liability and the indemnification. ZEREN LAND SERVICES Date: August 1, 2022 By: �f ` Cynthia E. E. Zeren, as Presi4ent G' Page 2 of 2 Hello