HomeMy WebLinkAbout20194035.tiffDEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave, Greeley, CO 80631
Phone (970) 353-6100 x3540 Fax (970) 304-6498
SUBSTANTIAL CHANGE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT # ZS CASE # ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
PROPOSED TYPE OF SUBSTANTIAL CHANGE (h805 one)
Ys1
S
The land -use application has substantially changed.
The surrounding land -uses have substantially changed.
Applicable provisions of the law have substantially changed.
There is newly discovered evidence that the applicant could not have discovered with diligent effort at the
time of the original application
Case number under which you are requesting the substantial change: PRE19-0086
Parcel Number 1 4 6 9- 3 3- 4- o 0- 0 4
(12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or wvvw.eo.weld.ea.us)
Legal Description
Lot B REC 16-0076, bein PT SE4 , Section 33 , Township 1 North, Range 67 West
FEE OWNER(S) OF THE PROPERTY:
Name: WW, LLC
Work Phone # (303) 905-4444 Home Phone # Email Address
Address: 9457 S. University
City/State/Zip Code Highlands Ranch, CC 80126
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name: Kelsey Bruxvoort - AGPROfessionals
Work Phone # (970) 535-9318 Home Phone # Email Address kbruxvoortagpt'os.com
Address: 3050 67th Ave.
City/State/Zip Code Greeley, CO 80634
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee
owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee
owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included showing the signatory has to legal authority to sign for the corporation.
PLWV-oVe.s,c onAs
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Signatur : Owner or Auth
Date
rized Agent
Signature: Owner or Authorized Agent Date
Ern
April 23, 2019
ACrPROfessionals
DEVELOPERS OF AGRICULTURE
To Whom It May Concern:
WW, LLC is contracted with AGPROfessionals to process work rela ra P ed to land use and
permit work relating to Weld County land entitlements. AGPROfessionals is
authorized to represent and request the release of all records necessary on the behalf of
WW, LLC. We respectfully request that all correspondence be directed to
AGPROfessionals.
Sincerely,
Ralph Vti. ker
W, LLC
ENGINEERING, PLANNING, CONSULTING & REAL ES•
3 050 67Fh Avenue, Suite 200 ■ Greeley, CO 80634
970,535.9318 /office 970.535.9854 / fax • W—ag��r �c ttiti
'ATE
Document must be filed electronically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of filed documents, visit www.sos.state.co.us.
* F1le d
Colorado Secretary of State
Date and Time: 04/18/2016 06:13 PM
ID Number: 20161268421
Document number: 20161268421
Amount Paid: $50.00
ABOVE SPACE FOR OHICE USE ONLY
Articles of Organization
filed pursuant to § 7-80-,203 and § 7-80-204 of the Colorado Revised Statutes (.R. .)
1. The domestic entity name of the limited liability company is
WW, LLC
(Me name ofa limited liability company must contain the term or abbreviation
"limited liability co any ", "ltd. liability company", "limited liability co.", "lid
liability ca. ""limited '', "1.1.a", "1k", or "lid ". See §7-90-601, C.R.S)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address
Mailing address
(leave blank if same as street address)
9896 Rosemont Ave
(Street number and name)
ste 104
Lone Tree
(City)
CO 80124
(State)(ZIP/Postal Code)
United States
(Province — trappiicab1e) (Country)
(Street number and name or Post Office Box information)
(City)
(State) Rif/Postal Code)
(Province — i. applicable) (Country)
•
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
or
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Walker
(Las)
Ralph L
(First) (Middle) (Suffix)
Street address 9896 Rosemont Ave
Ste 104
Lone Tree
Mailing addre s s
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
(Street number and name)
Co 80124
(State) (ZIP Code)
ARTORG_LLC
Page 1 of 3 Rev , 12/01/2012
(City)
he following statement is adopted by marking the box.)
The person appointed as registered agent has consented to being so appointed.
Co
a
(State) (ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual) walker ralph
ph
or
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Mailing address 9896 Rosemont Ave
(Last) (First) (Middle) (Suffix)
(Street number and name or Post Office Box information)
ste 104
Lone Tree CO 80126
(City) (State) (Z P/Postal Code)
United States ,
(Province -- if applicable) (Country)
If the following statement applies, adopt the statement by marking the box and include an attachment)
The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(.ark the applicable box)
or
one or more managers.
the members.
6. (The following statement is adopted by marking the box)
There is at least one member of the limited liability company
7. (If the following statement applies, adopt the statement by marking the box and include an attachment)
❑ This document contains additional information as provided by law.
S. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies, adopt the statement by entering a date and, applicable, time using the required format)
The delayed effective date and, if applicable, time of this document is/are
(mm'dd(yy y hour: minute am pm)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, , R• S ., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
ARTORG LLC
Page 2 of 3 Rev . 12/01/2012
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
walker ralph
I
(Las) (First)
9896 Rosemont Ave
(Middle) (Sulfa)
(Street number and name or Post Office Box information)
ste104
Lone Tree
CO 80124
(State) (ZIP/Postal Code)
United States
(Province — (Inapplicable) (Gauntry)
(If the following statement applies, adopt the statement by marla'ng the box and include an attachment)
This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This formicover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORO_LLC
Page 3 of 3 Rev , 12/01/2012
AGPROfessionals
DEVELOPERS OF AGRICULTURE
WELD COUNTY SUBSTANTIAL CHANGE QUESTIONNAIRE
Prepared for WW, LLC
Neither an applicant nor a successor in interest may submit any type of land use
application within a five year period (10 years in the case of multiple recorded exemption
applications) following denial of a previous application involving the same property,
unless the Board of county commissioners has found, based on the applicant's rehearing
petition, the Planning Commission's recommendation, oral testimony at the public
hearings, written related information, and any other relevant material in making its
decision at least one of the following criteria has been satisfied:
A. Within the concept of a new application, the facts and circumstances of which are
substantially changed from the initial application)
1. Has the land -use application substantially changed? (e.g. substantial changes
in lot size or density, in internal or external roads, or, in the case of a rezoning,
in the uses proposed)
WW, LLC is requesting a Substantial Change to allow a new land use application to
be processed for the subject property located in a portion of the Southeast Quarter of
Section 33, Township 1 North, Range 67 West of the 6th P.M., being Lot B REC 16-
0076
In 2017 Use By Special Review (USR) USR17-0016 for any Use permitted as a Use
By Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (for RV and boat storage, a dump station, enclosed self -storage and the
parking and staging of trash containers, roll -offs, and vehicles and/or equipment to
pick up and deliver same and four (4) individual flex office buildings) was denied by
the Board of County Commissioners as the request was not found to be in compliance
with Section 23-2-260 A. of the Weld County Code.
WW, LLC is proposing a Planned Unit Development (PUD) for residential and
commercial uses on the subject property which is a substantially different request and
process than the previously denied USR. Included with this request are the original
USR17-0016 site plan and renderings, and the conceptual PUD subdivision layout.
2. Have the surrounding land -uses substantially changed? (e.g. has the adjacent
land use changed during the period of time since the last application such that
what would be compatible with the adjacent use has changed?)
The surrounding land uses are substantially the same as they were in 2017. The PUD
is expected to be more compatible with the surrounding land uses than the uses
proposed for USR17-0016. The PUD application will take into account existing and
expected future development in the area.
ENGINEERING, PLANNING, CONSULTING & REAL ESTATE
3050 67th Avenue, Suite 200 O Greeley, CO 80634
970.535.9318 / office O 970.53 5.985 4 / fax O ww . agpros . com
Page 2 of 2
3. Have the applicable provisions of the law substantially changed? (e.g. the
applicant is proposing using a different procedure so a different set of criteria
apply or the applicable ordinance has been amended by the Board so the criteria
have substantially changed)
For approval of a U R, applicants must demonstrate compliance with Section 23-2-
260 A. of the Weld County Code. For approval of a PUDI applicants must demonstrate
compliance with Section 27 of the Weld County Code. The USIA and PUD applications
are different procedures and have a different set of criteria that apply when being
considered for approval.
OR
B. Within the concept of rehearing the previously denied application.
1. Is there newly discovered evidence that the applicant could not have discovered
with diligent effort at the time of the original application.
Not applicable. WW, LLC is not requesting a rehearing of the previously denied
USR17-0016 application.
LIMITED OWNERSHIP REPORT
Dated: May 5, 2017
Updated: April 23, 2019
Research Dated: May 4, 2017
Research Update: April 17, 2019
LANDS COVERED BY THIS REPORT: WELD COUNTY, COLORADO
Township 1 North - igang67 West ¢ ()Nile 6th P.M.
Section 33: Lot B of Recorded Exemption RE -16-0076, being a part of the SPA
Containing 71.45 acres, more or less
SURFACE OWNERSHIP:
WW, LLC
9457 S. University Boulevard, Apt. 401
Highlands Ranch, CO 80126
MINERAL OWNERSHIP:
INTEREST
LEASEHOLD STATUS
OIL AND GAS OWNERSHIP
34.00%
HELD BY PRODUCTION
Timothy
2116 14t
Loveland,
J. Pivonka
Street SE
Colorado 80537
Geist Mineral Trust
eio Therese Loraine Starnes,
aka Therese L Starnes
P. G. Box 66
Gulliver, Michigan 49840
33.00%
HELD BY PRODUCTION
HELD BY PRODUCTION
Susan R. Malloy
1718 E. Highway 56
Berthoud, Colorado 80513
16.50%
Rodeo Mineral Partners II, LLC
P. 0. Box 4631
Englewood, Colorado 80155
16.50%
HELD BY PRODUCTION
TOTAL TRACT 1:
100.00%
MINERAL OWNERSHIP — SAND,
GRAVEL, COAL AN) OTHER
MI.NERLS (EXCLUDING OIL &
GAS)
INTEREST
National Exchange Service
Corporation
1731 15th Street, Suite 103
Boulder, Colorado 80302
100.00%
Page 1 cf a
WORKING
INTEREST/LEASEHOLD
OWNERSHIP
K. P. Kauffman Company, Inc,
1675 Broadway, Suite 2800
Denver, CO 80202
Amoco -Charter -Schneider 2, 3, 4, 5, 6, 7, 9, 10 & 14 Wells
Amoco -Charter -Schneider B2 & UA-I2 Wells
Kerr-McGee Oil & Gas Onshore LP
P. 0. Box 173 779
Denver, CO 80217
Amoco -Charter -Schneider
Schneider Farms 33-33
C-1 & C-2 Wells
Well
NOTES
TAXES
Not included in this report.
ENCUMBRANCES, EASEMENTS AND iit l [T ti OF WAY
Not included in this report.
This Report was prepared based upon information obtained from the records of the Weld County Clerk's records. This
report is made solely for the benefit of Hill Land Services for the purpose of assisting in a determination of the apparent
mineral and leasehold ownership of the captioned property with respect only to the oil and gas interests. A more complete
and thorough examination of the title may be required to confirm the above ownership with absolute certainty. The
instruments referred to have not been examined to determine their legal sufficiency. No warranty of title is expressed or
implied by virtue of this report.
Prepared by:
Wade Hill
Hill Land Services, Incas
700 Automation Drive, Suite H
Windsor, CO 80550
Pase 2 of 2
AMENDED RESOLUTION
(This Amended Resolution is for the purpose of complying with the Court's Order Remanding
Case in the case of WW, LLC v. The Board of County Commissioners of Weld County, Colorado,
et al, Case No. 2017CV30b47 wherein the Court's directive was for the Board to amend its
Resolution of June 21, 2017, in order to make findings of fact necessary for judicial review.)
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
USE BY SPECIAL REVIEW PERMIT, USRI7-0016, FOR ANY USE PERMITTED AS A
USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE, A
DUMP STATION, ENCLOSED SELF -STORAGE AND THE PARKING AND STAGING
OF TRASH CONTAINERS, ROLL -OFFS, AND VEHICLES AND/OR. EQUIPMENT TO
PICK UP AND DELIVER SAME AND FOUR (4) INDIVIDUAL FLEX OFFICE
BUILDINGS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT T — WW, LLC
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, the Board of County Commissioners held a public hearing on the 21st day of
June, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of WW, LLC, 9896 Rosemont Ave., Suite 104, Lone Tree, CO 80124, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0016, for any Use
permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the
parking and staging of trash containers, roll -offs, and vehicles and/or equipment to pick up and
deliver same and four (4) individual flex office buicl i ngs) provided that the property is not a lot in
an approved or recorded subdivision plat or part. of a map or pan Nled prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District or the fol owing described
real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX16-0076; being
part of the Wel/2 SE114 of Section 33, Township 1
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Julie Coleman,
4828 Bluegate Drive, Highlands Ranch, CO 80126, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the unfavorable
recommendation of the Weld County Planning Commission and all of the exhibits and evidence
presented in this matter and, having been fully informed, finds that this request shall be denied
for the following reasons
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Carly Kcppes; C. G.r c Ana RacorJer W.i County, CO
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2017-1683
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DENY SPECIAL REVIEW PERMIT (USR17-0016) --' , LLC
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It is the opinion of the Board of County Commissioners that the applicant has NOT
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. The Applicant has the burden to demonstrate "That the proposal is
consistent with in Chapter 22 and any other applicable code provisions or
ordinances in effect? The application lacked adequate evidence
demonstrating how the application meets the Comprehensive Plan, as
discussed by Commissioners Cozad and l irkmeyer. Section 23-2-230.6.1
The Board finds that the proposed uses are not consistent with
Chapter 22, specifically in the following Code References:
1) Section 22-2-20 Agriculture Goals and Policies (A.Goal 1, A.Goal
A c Pol icy 2.2, A. Policy 2.3, A.Goal -, A. Policy 7,1, A. Policy 7.2,
A.Goal 8, .,Policy 8.3, A_Goal 9, k.Poticy 9.2)
A.Goal al states: "Respect and encourage the continuation of
agricultural land uses and agricultural operations for purposes
which enhance the economic health and sustainability of
agriculture." A.Goal 2 states: "Continue the commitment to viable
agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from other
proposed new uses that would hinder the operations of the
agricultural enterprises_" A Policy 2.2 states: "Allow commercial and
industrial uses, which are directly related to or dependent upon
agriculture, to locate within agricultural areas when the impact to
surrounding properties is minimal or mitigated and where adequate
services and infrastructure are currently available or reasonably
obtainable. These commercial and industrial uses should be
encouraged to locate in areas that minimize the removal of
agricultural land from production." A. Policy 2.3 states: "Encourage
development of agriculture and agriculturally related businesses
and industries in underdeveloped areas where existing resources
can support a higher level of economic activity. Agricultural
businesses and industries include those related to ranching,
confined animal production, farming, greenhouse industries,
landscape production and agri-tainment or agri-tourism uses."
A.Goal 4 states: "Promote a quality environment which is free of
derelict vehicles, refuse, litter and other unsightly materials
&. Policy 7.1 states: "County land use regulations should support
commercial and industrial uses that are directly related to, or
dependent upon, agriculture, to locate within the agricultural areas,
when the impact to surrounding properties Is minimal, or can be
mitigated, and where adequate services are currently available or
reasonably obtainable? A. Policy 7.2 states: "Conversion of
agricultural land to nonurban residential, commercial and industrial
uses should be accommodated when the subject site is in an area
that can support such development, and should attempt to be
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Carly Y KOpp•s ; Clerk and Bacon der; : Weld County, CO
KINN,rimo �� ' I �. �Fat IKIIiPKilo11111
2017-1683
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corn pat Dle with the region." A, Goal B states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." A.Policy 8.3 states: The land use
applicants should demonstrate that the roadway facilities
associated with the proposed development are acequate in width,
classification and structural capacity to serve the proposed land use
change 1. &,Goal 9 states. Reduce Potential conflicts between
varying land uses in the conversion of traditional agricultural. lands
to ether land uses." A.Policy icy 9”2 states: -Consider the individuality
of the characteristics and the compatibility of the region of the
County that each proposed land use change affects, while avoiding
requirements that do not fit the land use for that specific reg fors .`'
The Board finds that the proposal is not consistent with these
Agricultural Goals and Policies and in support, finds as follows, The
proposed operation would have Recreational Vehicle (RV) and boat
storage of 35 to 40 vehicles per acre, a dump station, more than
500 self -storage units commercial size trash containers (roll offs),
and vehicles and equipment associated with the operation. At
present, the area does not include operations of this scale. Most
surrounding operations include some agricultural component. The
site is large and would have no agricultural or residential component
in an agricultural area Of the 27 surrounding parcels, 50% are
residential. Noise lev is would be raised to cornmercfal or industrial
levels in an area which presently has residential noise levels. The
Planning Commission determined that the proposed operation was
not compatible with the comprehensive plan and recommended
denial. CR 2 cannot support the proposed operation, there is no
plan to expand CR 2 in the near future, and the Applicant was not
willing to expand the road as would be necessary to support the
operation. The application was not amended between the Planning
Commission hearing and the Board of County Commissioner
hearing. There are impacts to the surrounding properties which
cannot be adequately mitigated.
2) Section 22-2-40 Urban Development Goals and Policies
(UD,Goai 1)
UD. Goal ° states: "Concentrate urban development within existing
municipalities, an approved Intergovernmental Agreement urban
growth area, the Regional Urbanization Areas, County Urban
Growth Boundary Areas, Urban Development Nodes or where
urban infrastructure is currently available or reasonably obtainable."
The Board finds that the proposal is not consistent with this Urban
Development Goals and in support, finds as follows. The site is
located equidistant between the cities of Brighton and Northglenn,
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C&r Qy Kuoipes 1 Clerk and gscurder^ . w41d Ccun'y, CO
r.i Iii+V
2017-1663
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DENY SPECIAL REVIEW PERMIT (USRI7-0016) - Wes, LLC
PAGE 4
and is not located adjacent to or within the intergovernmental
agreement boundary of any municipality It is not located in a
Regional Urbanization Area. The proposed operation is urban in
nature.
3) Section 22-2-80 Industrial Development Goals and Policies
(I.Goal 1, I.Goal 6)
I.Goal 1 states: "Promote the location of industrial uses within
municipalities, county Urban Growth Boundary areas,
Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipalities' comprehensive
plans, the Regional Urbanization Areas, Urban Development
Nodes, along railroad infrastructure or where adequate services are
currently available or reasonably obtainable," I.Goal 6 states:
"Minimize the incompatibilities that occur between industrial uses
and surrounding properties."
The Board finds that the proposal is not consistent with these
Industrial Goals and in support, finds as follows. The proposed
operation is commercial and industrial in nature. The site is rural
residential and agriculture in nature. The site is not located within
any Regional Urbanization Area, Urban Development Node,
intergovernmental Agreement or Coordinated Planning Agreement
area, and is not located close to any Weld County municipality. The
RV and boat storage primarily would serve customers in
municipalities that are not permitted to park their vehicles at their
homes. The proposed operation will not serve the neighbors.
4) Section 22-2-100 Commercial Development Goals and Policies
(C.Goal 1, C.Goal 2, C.Goal 5)
C.Goal 1 states: 'Promote the location of commercial uses within
municipalities, County Urban Growth Boundary areas,
Intergovernmental Agreement urban growth areas, growth
management areas as defined in municipal comprehensive plans,
the Regional Urbanization Areas, Urban Development Nodes or
where adequate services are currently available or reasonably
obtainable." C.Goal 2 states: "'Encourage appropriate commercial
development to annex into a municipality if the new or expanding
commercial development is adjacent to the municipality's corporate
limits." C.Goal 5 states: "Minimize the incompatibilities that occur
between commercial uses and surrounding properties."
The Board finds that the proposal is not consistent with these
Commercial Goals and in support, finds as follows. The proposed
operation is commercial and industrial in nature. The site is rural
residential and agriculture in nature. The site is not located within
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Carly Kcppes , Clark and Recorder, geld County, CO
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DENY SPECIAL REVIEW PERMIT (U R17-0016) - WW, LLC
PAGE
any Regional Urbanization Area, Urban Development Node;;
Intergovernmental Agreement or Coordinated Planning Agreement
area, and is not located close to any Weld County municipality. The
RV and boat storage primarily would serve customers in
municipalities that are not permitted to park their vehicles at their
homes. The proposed operation will not serve the neighbors.
The Applicant has the burden to demonstrate "That the USES which would
be permitted will be compatible with the existing surrounding land USES?
Section 23-2-23013.3 -. The Board finds that the uses which will be
permitted will not be compatiblewith the existing surrounding land uses
and in support, finds as follows. The neighborhood near the site is primarily
rural residential and agricultural. Of the 27 directly surrounding properties,
50% have residential use. There are 24 homes on one section, six on
another surrounding area. Of these rural residential homes, many are close
to the proposed site, and each appears to have some agricultural
component. Neighbors describe the proposed storage area as having no
road to buffer the view of the storage arealike that which is found in nearby
storage facilities. The landscaping plan was not included in the applicants
request although it was described at the presentation. Due to the
topography of the site, the landscaping plan is not adequate to block most
neighbors' views of the development as proposed on the 76 acres. At.
present, the use of the property as proposed would be visible to the
surrounding areas on the southern sides, thus, visually changing the
character of the area. Although the applicant provided evidence of other
potentiallycommercial uses in the area, most or all of them are agricultural.
in nature, and none of them substantially change the character of the
neighborhood. The boundary on the east side of the property holds an
approved RV boat and storage facility, Brighton Boat and Storage, which
is a small family ownedoperation according to the neighbors. According to
testimony at the hearing, even with this small size it still causes disruption
due to the hours that customers use the facility. Neighbors described this
small business as a 24/7 hours operation. A property to the southwest
includes a machine and welding shop approved by USR which is a small
family home business to service other agricultural operations and seldom
operated now due to his age. The landscaping business now is really not
in business. Shipping containers exist on property to the south. The
neighbor/owner related that those are used for his agricultural needs..
Applicant cited the Bidwell property which holds trucking containers. The
neighbor/owner uses these for storage while developing a residence on the
property. The neighbor Torgeson has property with 2 large barns and
shipping containers which was described as being developed for a rural
residential property. To the north of applicant's properly line within 14 mile
exist natural gas facilities on County Roads <CR) 4 and 19, which is
approximately 2 miles from the access location of applicant's property on
CR 2. The utilities are on the north side away from the access point of the
proposed development. Those areas to the north side that have utility
operations are away from the access point of the proposed development
4383229 Pages: 5 of 8
03/15/2018 02:37 PM R Fes:SO.00
Carty Koppas , Clerk and Rmoordsr , Weld Coun kv, CO
kill Nikki Ell
2017-1683
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DENY SPECIAL REVIEW PERMIT (U R17-OO16) — WVAI, LLC
PAGE 6
and are not sufficient to change the character of the agricultural residential
character of this neighborhood. These existing operations do not change
the character of the present zoning. The proposed use is substantially more
intense, commercial and industrial in nature; including trash roll offs and
heavy industrial equipment used to deliver the roll offs. The Applicant could
not adequately describe the use of the four (4) flex buildings. These
particular uses are particularly more intense than surrounding uses, or
even as compared to the RV and boat storage. The application did not
adequately address mitigation techniques that might have helped mitigate
the incompatibility of the proposed uses,
The Applicant has the burden to demonstrate 'That the USES which would
be permitted will be compatible with the future DEVELOPMENT of the
surrounding area as permitted by the existing zone and with future
DEVELOPMENT as projected by Chapter 22 of this Code and any other
applicable code provisions or ordinances in effect, or the adopted MASTER
PLANS of affected municipalities." Section 23-2-230.B.4 — The Board finds
that the uses which will be permitted will not be compatible with future
development of the surrounding area, as permitted by the e casting zoning,
and with the future development as projected by Chapter 22 of the Weld
County Code, and any other applicable code provisions or ordinances in
effect, or the adopted Master Plans of affected m unicipalites. In support,
the Board finds as follows This area is expected to continue with rural
residential and agricultural uses. The neighbors described that their plans
for the future included continuing living a rural lifestyle. Compelling
statements were made by neighbors that the proposed use would change
their ability to complete their plans to exist in a rural residential setting Two
described that they are in the process of building "dream" homes but that
would not be possible if this area was developed as proposed by the
applicant. Neighbors claimed that the development of this property would
be significant enough to change their desires to gain Rural Exemptions for
use of their property for other rural residential builds_ A large commercial
development of this size is a significant change such that the future use of
the area would likely result in changes that ref ect the scope of the
operation: The landscaping would not be sufficient to eliminate the visual
presence of the operation, Use of the operation at present envisions over
500 storage units and 700-800 boat and RV storage parking spots. The
application proposes approximately 1,200 customers. The roll off business
would include trucks corning and going daily as well. These operations will
have a high volume of use in the future, thus, directly impacting the "quiet
and rural" character of the area . The applicant was not clear as to what
other uses would occur in the future on this development if the changed to
commercial/industrial. This is not the same future that the neighbors
envisioned as owners in this area, For the future to be consistent with the
past, the proposed use by this applicant is not harmonious either as
agricultural or rural residential because of the size and types of operation
proposed by the applicant.
4383229 Pages: 6 of B
03/15/2018 02:37 PM R Fe.: $O , OO
Carly iopp's, Clark and Recorder, Weld County, CO
AVM `�N#�ri � lig I III
2017-1683
PL2475
DENY SPECIAL REVIEW PERMIT (USR17-0016) + Wvv, LLC
PAGE 7
The Applicant must demonstrate "That there is adequate provision for the
protection of the health, safety and welfare of the inhabitants of the
NEIGHBORHOOD and the COUNTY," Section 23-2-230,B.7 — The Board
finds that the Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of
Approval, and Development Standards do not ensure that there are
adequate provisions for the protection of the health, safety, and welfare of
the inhabitants of the neighborhood and County. The application does not
provide adequate provision for mitigation of increased crime and traffic
hazards, or decreased property values, In support, the Board finds as
follows. Traffic would be impacted significantly by the increase tin use if the
change was approved, At the present time, the only access is on to County
Road (CR) 2 at the top of a hill. No turn lanes exist onto the property from
CR 2. The last traffic study completed in 2014 showed 3,121 average daily
use with 14% trucks, Neighbors are already concerned with the increased
traffic since the last traffic study due to the construction of subdivisions in
Adams County. Traffic will increase substantially due to the number of self -
storage units, the RV and boat storage, and the roll off business. Although
the applicant relied on the future possibility that CR 2 would be widened
into a four -lane road, improvements would need to be made immediately
to CR 2. Although CR 2 is designated as an arterial road, there is no
immediate plan to make the necessary improvements to CR 2. Many
arterial roads wtithin Weld County remain as two-lane roads. There is a
need to allow safe egress and ingress to the property and not hinder the
flow of traffic on CR 2 by the addition of the proposed use, This lack of
accommodation for traffic detrimentally impacts the safety and welfare of
the inhabitants and the county, The applicant did not demonstrate a
sufficient landscaping or screening plan, including buffer zones, or any way
to mitigate concerns associated with the neighboring properties. The
applicant did not show that these concerns could be mitigated. Staff from
the Weld County Department of Public Health and Environment had
concerns about the permits required for painting and trash equipment
related to the roll off business. The Applicant did not demonstrate the ability
to address these concerns. The Applicant further indicated that it did not
believe it could meet the residential no{sestandard, and actually requested
the commercial noise standard which would not be compatible with the
surrounding area The Applicant did not adequately communicate with the
surrounding property owners, even though they had the opportunity to seek
nput from them for mitigation of incompatibilities related to noise,
screening, traffic, and other concerns.
4383229 Pages : 7 of � , ��
03/15/2018 02'37 Pf R Fee:
Carly Konpes Cler-c and Reorder, Wald County: CO
-1I FM C'i'!MttIIi'i4!d1'.w'1*2L'1Y16 LIM
2017-1683
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DENY SPECIAL R EVI E PERMIT (USR17-0016) " 1, LLC
PAGE 8
NOW, THEREFORE, BE IT RESOLVED ED by the Board of County Commissioners of Weld
County, Colorado, that the application of WWII:, for a Site Specific Development Plan and Use
by Special Review Permit, U RI 7-0o 16, for any Use permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat
storage, a dump station, enclosed self -storage and the parking and staging of trash containers,
roil -offs, and vehicles and/or equipment to pick up and deliver same and four (4) individual flex
office buildings) provided that the property is not a lot in an approved or recorded subdivision plat
or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District/ on the parcel of land described above be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of February, A.D., 2018,
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
se
ATTEST: dgerAsitil JeLt'eli
Steve Moreno, Chair .f
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
f
AP p '° 1. TO FoRivr:14i
y
l
County Attorney
Date of signature: s Vali
•
irbara `e
.irkrne er
merflairk
Sean P. Qonway
Y
car. 1,icif '
ra-Te m
' (,�
if
Julie A. Cozad
Mike Freeman
4383229 Pages t 8 of 8
e3i15iZ0L8 02:37 PM R Fee:$0.00
Carly Kc pes , C t er k and Recorder Weld County, CO
VIAWIFIlligh: I lit I. Ni45IIN MOO till
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2017-1683
PL2475
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