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Home My WebLink About20191538.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant High Plains RV Storage and Service Case Number USIA B-0125 Submitted or Prepared Prior to At Hearing Hearing 1 SPO Peggy Cline in Opposition undated 2 SPO Ruth Traupe in Opposition undated X 3 SPO Lynne & Donna Swallow in Opposition dated July 89, 2014 X 4 SPO Kathie Armitage in Opposition dated March 18, 2019 X 5 SPO Tana Shultz in Opposition dated March 21, 2019 X 6 SPO Sandra Barnett in Opposition dated March 21, 2019 X 7 SPO Sherri Struble in Opposition dated March 21, 2019 X 8 SPO Carolyn Barnett & Rhonda Williams in Opposition dated March 22, 2019 X 9 SPO Debora Lynch in Opposition dated March 24, 2019 X 10 SPO Ed & Sheryl Kosorok in Opposition dated March 25, 2019 X 11 SPO Jamie & Ashleigh Merritt in Opposition dated March 26, 2019 X 12 SPO Dee Trembath in Opposition dated March 26, 2019 X 13 SPO Kevin & Michelle Arrick in Opposition dated March 26, 2019 X 14 tso Mike Schweitzer in Opposition dated March 27, 2019 X 15 SPO Karen Lovewell in Opposition dated March 27, 2019 X 16 SPO Doug Sauer in Support dated March aaa 2019 X 17 SPO Herbert Riehl in Opposition dated March 28, 2019 X 18 SPO SimiIar Jamie Letter & to Ashleigh Inventory Merritt Item in No. Opposition 11] dated March 28, 2019 X 19 SPO Donna Schwab in Opposition dated March 29, 2019 X 20 SPO Bev Rairden in Opposition dated March 29, 2019 X 21 SPO Scott Rairden in Opposition dated March 29, 2019 X 22 SPO Paula Laver in Opposition dated March 29, 2019 X 23 SPO Mathew and Kathy Collier in Opposition dated March 29, 2019 X 24 SPO [Same Jamie Letter & Ashleigh to Inventory Merritt Item in No. Opposition 11, added dated Mr Parker] March 29, 2019 X 25 SPO [Sane Jamie Letter & Ashleigh to inventory Merritt Item in No. Opposition 18, added dated Mr. Parka] March 29, 2019 X 26 27 28 Letter from David F. Bower, Attorney with Johnson & Repucci, LLP representing Jamie & Ashleigh Merritt & Sandy Barnett dated March 29, 2019 SPO Dennis & Patty Dustin in Opposition dated March 29, 2019 SPO Kay Goldermann in Opposition dated March 29, 2019 X X X 29 SPO Bill and Chris Raimo in Opposition dated March 29, 2019 30 31 32 33 34 X 35 36 37 38 39 40 I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the chedu1ed Planning Commissioners hearing. Kim Ogl '. f l nnor Weld County Storage facility When a business is added to a rural/residential area, it upsets the balance and is in opposition to the serenity the homeowners expected to have in their, purchase. With the onslaught of the additional traffic an RV storage facility will likely create, there is total juxtaposition to the homeowners' goals of their original plan of peace. Is there no zoning law protecting them? The traffic on CR 7 has become horrendous. As a homeowner on CR 6, we were honored and rewarded by the County Commissioners, after our exhausting work and organization, with a ban on oil tankers driving to and from the HUB on CR 6. However, since that time we have lost our sense of safety and serenity with water tankers of likely equal weight and noise going to the Coyote Trails well sites on Rd 7, often early morning and late at night, because we were told by Weld County that the oil companies could choose any road they pleased. We felt we were thrown under the bus (tanker in this case) and have to endure the assault unless we call or text Chris Raimo mo of RENA, A, to call a supervisor at Coyote Trails to slow traffic down which lasts for a day or two. I don't wish the extra large traffic on CR 7 for my neighbors. Speed limits are rarely adhered to and there is no monitoring; I have never seen a sheriffs car on 7. With all the money that Weld County has garnered from oil and gas, and with all the new development, surely there can be sufficient funds to hire more personnel to the sheriffs department since we have been told they are spread pretty thin. I ask you to keep the community on and near CR 7 a rural residential zone. Thank you. Sincerely, Peggy Cline 1895 Carol Drive Erie, CO EXHIBIT b 1 _,h15 'rt Itq s IL MOE 111.11111pC 981 Weld County Bond I Erie, CO 80516 1911: 724) 218-8015 rut Wit l trophy,cnun Weld County Planning Department Director of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Re: U RI8-0125 Dear Sir: I am writing you in behalf of a coalition of neighbors regarding a proposed business, a Recreational Vehicle storage and repair facility, that will be located on Weld County Road 7 in Erie, Colorado. I own a residence and buildings on Weld County Road 7. We would very much appreciate your attention to some concerns we have that we feel could affect the area around the proposed business. They are as follows: At present there is no turn lane leading to the business' proposed location, but we feel a turning lane would greatly help the increased traffic of large vehicles that will be frequenting the area. It would have the advantage of keeping the traffic moving while giving some measure of safety to the oncoming as well as the cross traffic. There has been some concern on our part about the possibility of leakage from the stored vehicles. We understand there will be a "catch basin" for the repair shop, which is necessary, but our concern is about any chemicals leeching into the soil of the property from stored vehicles that have not been adequately maintained. The area in question is used as water -shed for surrounding properties and both crops and animal welfare would be affected if any such chemicals get into the ground water and contaminate the area. We would like to have input regarding the hours of operation of the repair facility and perhaps an impact report about the "all hours" nature of the storage facility. There is no extra lighting there as yet and, while we know that the facility will have to have lighting put in for safety as well as other necessary purposes, we appreciate the solitude the area has enjoyed. We care about how much lighting will be used and if it will become a nuisance to those of us that live there. T EXHIBIT C1/41'512. to -0a OP, We would very much appreciate your attention to these concerns and would like to open a dialog with your office as soon as convenient so that we can feel that we have been heard and that our concerns are being taken seriously. Please feel free to contact me with any questions or observations and I will share those with the group that has approached you. Thank you very much for your attention. Respectfully, el"' GEC-- f fl !J �' � uS� Ruth Troupe Planning and Building Department Wednesday,July30, 2014 11:50 AM Weld County Planning and Building Department 1555 N 17th Ave, Greeley, Colorado, 80631 This in regard to filing USR1S-0125. Development of a request for a business to be placed in the middle of Long time agriculture neighborhood. My complaints against this is as follows: This RV , boat, and repair to include Dump Station should not be allowed to change the Zoning. 1 change in Zoning leads to another and another. I am across the street from the proposed business.. I do not wish to have my property value decreased Contaminated runoff that would end up on my side of the street. And with this type of business there will be Contaminates. Increased traffic at all hours not acceptable on RD7. the road already has a traffic problem. With a dirt road to access the facility, the dust and mud also is a problem. I have outlined problems associating with this business (which is not Agricultural in nature) I join with the rest of the Community to reject this business in our Neighborhood. Erie, Adams County, and Thornton, and Broomfield are unwilling to have this business in there areas. Please do not allow rezone this parcel of property. Sincerely Lynne and Donna Swallow 584 County 7 Erie, co 80516 Note? 30.+. EXHIBIT 4092.05 (nu, PrrrnifirriNA MAR 25 2019 Weld County Pluihdhsk,IL GREELEY OFFICE Kim Ogle From: Sent: To: Subject: Kathie Armitage <bathgarden@comcast.net> Monday, March 18, 2019 4:18 PM Kim Ogle LISR1B-O125 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. We purchased our land in an area designated "agricultural" for many reasons, a few are; we love open spaces, pasture land, homes that are not too close to one another, small farms and our love of farm animals. Our property happens to be across the street from the proposed RV Storage Lot on Country Road 7. My son in law designed and built our forever home in such a way that our main living space is upstairs so we can look out and see the mountains and the pastures to our West. This RV Park and the business imagined to be developed on this property will destroy our reason for buying our property and developing our little farm at 654 County Rd. 7. This imagined RV Storage development destroys our property value, changes the dynamic of our neighborhood, ruins our views, causes more traffic and affects in a negative way our quality of life. Please do not change the "agricultural" designation. Sincerely, Kathleen S Armitage 654 County Rd 7 EXHIBIT IBIT VSzAti env, to 23 l March 21, 2019 Department of Planning Services 1555 N.17th Avenue Greeley, Colorado 80631 Dear Weld Director of Planning and County Planner, Tarn M. Schultz 589 Weld County Road 7 Erie, Colorado 80615 I am writing this letter of concern in reference to 'M18-'0125, a request to rezone referenced property to build an RV and Boat storage and Repair business. I am the owner of the property directly to the west of this. Our property is a working equestrian ranch that provides riding lessons, boarding, horse training and rehabilitation, equine therapy and horse rescue. I bought this property in the spring of 2016 because I could see that traditional horse properties were dwindling in Colorado, especially in areas near major metropolitan areas. I also wanted to support my friends relocating to a better property with the right structures to run their business. This property, albeit in need of some loving care to bring it back to its original glory, had all the buildings and infrastructure to truly be a wonderful place for humans and horses! The existing zoning was the perfect fit for what my friends needed and now I lease the home and property to Sean Davies and Danette Scott who run their business, Spirit Heart Ranch. Cs piritheartranch.org) For over two years we have been working diligently to restore this amazing place. The neighborhood is supportive and quiet, exactly what we expected. Restoring the barns, indoor riding area, loafing sheds, paddocks and fields now makes for a pleasing sight from Weld County road 7 looking west toward the Rockies. (All of which would be blocked by commercial development of adjacent property. The property in question has wildlife on it; land fowl, waterfowl, birds, rabbits and even coyotes. Our property, in addition to horses, has goats, a pig, chickens and ducks. I am very concerned for the well being of the animals on and off our property. Spirit Heart Ranch is home to 50 horses; many are rescues being rehabilitated. Having a high profile, busy, large scale business that will bring major traffic down a dirt road, will disrupt the quiet of the neighborhood, not to mention the "night light" pollution for the security of the RV's and Boats. A zone change from Agriculture to Commercial in this neighborhood should be carefully considered. Please be sensitive to the rezoning of this beautiful piece of land that has irrigation ditches running through and has been a home historically for growing hay and been providing a habitat for natural wildlife. Sincerely, Tana M. Schultz EXHIBIT U52'4b Oyu, C7 3160 Johnson Ln Erie, CO 80516 March 21, 2019 Kim Ogle, Planner Planning and Building Dept 1555 N. 17th Ave Greeley, CO 80631 RE: USR R 18-0125, proposed High Plains Storage Facility on Weld County Road 7 Dear Sir I am writing to lodge a protest against your agency's issuing approval for a large recreational vehicle storage facility, which is being requested in the midst of our agriculturally zoned neighborhood. Such a facility, for which these people are asking, is incompatible with the neighborhood. The neighborhood is comprised of small farms and ranches which are occupied by families, all in some form or other agriculturally involved. We have lived here for 50 years, Alt our children participated in livestock 4-H projects through their teen years, and now our grand -children are starting the same here. We are very troubled by these people's lack of planning for run-off of their effluent, which they are proposing to put into our irrigation ditches. Our irrigation water feeds two large vegetable gardens from which more than 10 families reap fresh foods, an orchard, and fields which house the kid& 4-H projects. In addition, on a daily basis, pelicans, swans, ducks, geese, and the Great Blue Heron come to our pond. All of this is not possible if our irrigation water is contaminated by RV storage effluent. The light pollution which this facility will bring will make it impossible to see the stars at night, which we now enjoy. The light from the storage units on Road 6 near 1-25 emit light that can be seen for miles. We did not ask for the decreased property values this will bring, nor the traffic, the dust, nor the unsightly mess, no matter how neat the petitioners portray it will be. Would you like to live next to an RV storage facility with an attached machine and repair shop? I think not. Please deny this application and ask these people to move their facility out of our residential/agricultural community into a commercial area more suited to their endeavor. Thank you. Very truly yours, Sandra S. Barnett Resident EXHIBIT vet 0 Lot F r: Ili Lid k. p - l be If 2019 I 'gills ` 10 Johnson Ln Erie, CO 80516 March 21, 2019 Kim Ogle, Planner Planning and Building Dept 1 555 N. 17th Ave Greeley, CO 80631 RE: USR 18-0125, proposed High Plains Storage Facility on Weld County Road 7 Dear Sir: This letter is to ask that you deny the above -identified request. It's almost impossible to describe how strenuously and diligently Ranch Eggs residents have worked to retain the agricultural character and nature of our neighborhood, despite the encroachment of both Broomfield and Erie. To its residents, Ranch Eggs has long felt like an oasis; initially in the midst of farmlands and currently in the midst of comparatively high - density housing. Your department's approval of the request to place commercial property in the midst of our homes may well bring a death -knell to the heart of our community. Almost without exception, Ranch Eggs fencing is welded wire or materials used to contain livestock, and it does not interrupt continuity of sight. The RV Storage facility, by extreme contrast, would block line -of -sight in an unsightly manner; a manner consistent with a commercial property, but an eyesore within this neighborhood. Other concerns about the request include • the increase of large -vehicle use of roads with shoulders so narrow that Sheriff Reams deems them unfit for traffic speed control (which has become a huge issue!) a wide -turning vehicles into and out of a narrow gravel road, significant decrease in current property values, increased light pollution, • FRICo irrigation water contamination, • inconsistent with stated Weld County Agricultural Goals and Policies, other miscellaneous, no less important to Ranch Eggs Residents. The Ranch Eggs Neighborhood Association (RENA) Board was told by the requesters that their plans were NOT met with approval by Adams County, the city and County of Broomfield, Erie, and Thornton. With all this in mind, it seems inconceivable that Weld County's Planning and Building could seriously consider approving this request. Please deny this request, Thank you. Sincerely, re rri Struble b le Ranch Eggs Resident MAR 2019 ,Pig ►a . E :L[y" OFFICE,� Carolyn Barnett & Rhonda Williams 795 WCR 7 Erie, CO 80516 Planning & Building Department 1555 N 17th Ave. Greeley, CO 80631 Reference: USRISM1ZS To the Planning Board, 3/22/19 Our family has lived on the property on WCR 7 for over 50 years as it was originally zoned rural agricultural and we are strongly opposed to the building of a RV Storage & Service company that is basically across the street from us. Rezoning to accommodate a business that will negatively affect our property and lives should not supersede the wishes of the community current res i ding in this area Negative impacts to our community include the following: • Decreased property values • Inadequate/Unattractive screening from neighbor properties • Contaminated runoff into irrigation ditch • Commercial Zone conflicts with ourcurrent Ag/Res • Increased large vehicle (RV) traffic • 24 hour traffic to business • Wide turns in/out of small gravel road • Commercial lighting (fight pollution) and noise pollution • Increased dust in the airand mud on the road This is not good for our community and personally not good for a nearly 85 year old woman who has lived here most of her life to have to contend with. It is our hope you will value our community interests over a single entity business that will negatively impact our properties and lives. Please deny the rezoning for our family's sake. Thank you for your time, 6akmitt re Carolyn Barnett & Rhonda Williams Members of the RENA NA community EXHIBIT I(sat onn aleictirm ;ft MAR 23 20'i9 �1 U VL�.il f 1 Y� 1, I --t,t.J141I Lt Kim Ogle From: Sent To: Subject: D. J. Lynch < lynchdj@hotriail,cor > Sunday, March 24, 2019 6:24 PM Kim Ogle; Torn Parka Jr.; Chris Raimo USR18-0125 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. To Weld County Planning & Development: I want to strongly oppose the request for rezoning by RV Storage & Service - USR1R-O12. The proposed RV storage and repair facility is completely incompatible with the existing agricultural nature of the neighborhood. The Ranch Eggs subdivision consists of small farms and ranches, many of them with livestock including horses, alpacas, sheep, goats and chickens. I personally keep sheep and alpacas on my property. I am a member of the Ranch Eggs Neighborhood Association (RENA) and I am also on the board of directors. The owners of this proposed facility met with the board, presented plans and discussed their vision for this property. That is how I know some of the details stated below. I request the denial of this rezoning for the following reasons: The commercial/industrial nature of the RV storage and repair facility would be an eyesore in the agricultural neighborhood. This facility would be in the middle of the neighborhood and unavoidably seen whenever entering or leaving the neighborhood (all traffic must use WCR 7). This type of facility is not something that can be shielded from view as the RV's are too large & tall. The proposed fencing, per the owner, will be chain link with slats similar to commercial/industrial fencing and not compatible with the neighborhood open wire agricultural fencing. I would be able to see this facility from my property and do not want to look at a parking lot full of RV's. Would you want to live next to a RV storage facility? My neighbors and I have a concern with the irrigation water that has the potential to become contaminated with gasoline, oil and antifreeze that could leak from parked vehicles on the property. This contamination would hurt neighbors downstream on the irrigation ditch who use this water for agricultural purposes, irrigating pastures for livestock and gardens producing food for human consumption. The proposed entrance for this facility is off a gravel road. The RV vehicles would have to turn on/off WCR 7 to the gravel road and then turn into the facility. The gravel road was not built to handle commercial traffic and heavy vehicles, plus there are no turn lanes for the large vehicles. Who is going to repair this road when it becomes damaged? The president of RENA has confirmed with Left Hand Water District that there is currently NO available water tap for the neighborhood, and if a tap did become available in the future it would only be for residential use NOT for commercial use. This facility, if built, would not have access to water for the foreseeable future. I conclude by requesting that you deny this proposed zoning change. A commercial/industrial facility/business has no place in an agriculturally zoned area. Weld County is an agricultural county. Please keep the agricultural areas as agriculture and keep any commercial/industrial facility within the commercial/industrial zones, The owners admitted to the RENA board that they were denied by Broomfield County, Adams County and the City of Thornton and City of Erie for a similar facility. Please follow their lead and vote no, keeping our agricultural area. Thank you, Debora J Lynch 2720 175th Avenue Erie, CO 80516 EXHIBIT 1 March 25, 2019 Mr. Ken Ogle Weld County Planner, Re: USR18/0125 We are Ed and Sheryl Kosorok, and we live at 3923 CR 6 Erie Colorado, 80516. We are writing because we are opposed to this special use for RV and boat storage, for several reasons. 1. First it is smack dab in the middle of long time rural residences. It would be unsightly and not compatible with the surrounding residences. 2. It would add additional large vehicle traffic to County Roads 6 and 7 which are already overcrowded and under patrolled. Both of these roads are inundated with Oil and Gas tankers, and Construction traffic, as well as Landfill traffic and speeding commuters. These roads were not built for the traffic that already exists. Unfortunately Weld County does not have the resources to patrol and enforce the speed limits and weight limits that exist. It makes for a dangerous situation for those of us who have been here for 20-50 years. 3. We are also water owners in the FRICO system and are concerned about Contamination runoff that will end up in our irrigation water. For these reasons we ask that you do not approve this permit. Sincerely, I Ed and Sheryl Kosorok I I ,!.'1r _, 1 5 L ff! •'c.- 1 _ March 26, 2019 Kim Ogle, Planner Ill Weld County Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: USR18-0125 Mr. Ogle, We are writing to you regarding zoning case #USR18-1025. The case reflects the proposal currently in review and relates to the rezoning of a property directly across the road from our farm. We understand that the request is to rezone the above referenced property from ag-residential to commercial in an effort to build a large recreational vehicle storage facility. We have serious concerns about this development plan for the following reasons. We have lived in this area since 1999. We are surrounded by a community of small family farms and hobby ranches the reflect a quality of life to which we all subscribe. We feel that having a commercial business in our neighborhood will adversely affect our long strived for quality of life. As a result, we suspect that our property values will be adversely affected and frankly, many of us have spent large amounts of money to create this personal paradise. We think it's fair to say that the operating characteristics of this business as described; 24 hour access could increase the amount of traffic on a road that is predominately used by local residents, commercial lighting that could pollute our night sky; a 60O0 square foot steel framed RV maintenance shop with offices and security living quarters and since we have essentially paid for the mountain view with sweat equity, we are very disheartened by the possibility of this zone change , The potential for land and water pollution remains to be seen, however, one could assume that with 2 dump stations, and an RV repair business, it is a probable outcome. We own two water shares and are responsible for maintaining the ditch to the south of the property. Many of us are raising children in this area for a reason, a quieter environment with exposure to a world that provides opportunities to interact with aspects life that are not available in areas were commercial development exists. The exposure to animals and to participate in 4-H projects that will be supported on our property_ We are discouraged by the current political climate which we lends itself to this type of intrusion seemingly without consideration of the "little guy"; that wants to maintain a quality of life and works hard to maintain the lifestyle. People move here to live here, not to make a living by victimizing the local residents and the community. We are not judging someone for wanting to make money, we just feel like it could occur elsewhere with less impact. We understand that the property was chosen due to it's lower cost without consideration of the impact. We understand that Erie, Adams County, Thornton and Broomfield have not supported prior requests to their jurisdictions. We ask for your consideration of the information in this letter in denying this request for rezoning and then have you imagine if you lived in my house. Sincerely, Jamie & Ashleigh Merritt 645 County Road 47 Erie, CO 80516 720-839-1105 Cc: RENA Board renacommunity gmail.com State Representative Lori Saine lori.saife.house state.mus State Senator Vicki Marble vicki, marble,senate stateacctus EXHIBIT QAS o\1 t‘ DEE Er LC, 4111 3S7. (efa tevvrvithir 4O) -L-94-Ci ai co et5aO erisirA (oMMLefr/ Agit, F Rte' CJS3KJ o/a5 March 26, 2019 Weld County Planning & Building Department, In reference to case U RI S-012 , the RV Storage lot on CR 7, J would like to express my concerns and impacts to the residential neighborhood. The large increase of traffic onto CR 7 from either Highway 7 or other surrounding small county roads that would be associated with a 24/7 RV storage facility needs to be addressed. Currently there are no egress or turn lanes onto or off of CR 7 to the property in question. I would ask that the potential owner be required to improve CR 7 to accommodate for the increase and install turn lanes and egress lanes. The dirt road that would access the facility also needs to be improved and paved to mitigate dust and noise from incoming traffic to the site. It is assumed that the entire lot will be paved/improved to a type of approved surface for parking all cf these units, that will then impact the run off onto neighboring properties, to minimize this impact I request a substantial retention pond be added to this facility to contain any run of from this property from encroaching onto other areas, Allowing a commercial zoned business in an area that is primarily residential and agriculture could cause a decrease in the surrounding property values for the following reasons. This business will have an impact on the overall I!fesLyle of residents due to the ability for clients to access the property 24/7. There will be commercial lighting that will presumably activate with movement throughout the facility which could interfere with normal routines and lifestyles of neighboring residences. The continuous traffic and noise from loading and unloading that will also be 24/7 along with the screening and possible large enclosed storage unites will now obstruct multiple nehghboring properties. It is my opinion that this location is not suitable for this type of business activity} and I strongly advise the Weld County Planning & Building Department to re-evaluate the possible acceptance of this type of use at this location, bid Oint/Lett: Dee Trembath RENA Community Member EXHIBIT Kim Ogle From: Sent: To: Cc: Subject: Kevin and Michelle Arrick <kmarrick@msn.com> Wednesday, March 27, 2019 8:27 PM Kim Ogle; Tom Parko Jr, renacommunity@gmail.cormsrstrub@aol.com; DJLynchlynchdj@hotmail.com; Sandy Barnett; Mike Schweitzer; Sheryl Elliss; Kevin and Michelle Arrick; Chris Raimo USR1 S-0125: High Plains Storage & Service LLC 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. Kevin & Michelle Arrick 523 CR7 Erie, CO 80516 720-353-0075 kmarrick@msn.com 03/2 5/2019 Kim Ogle Planner Weld County Planning Commission 1555 N. 17th Ave. Greeley, CO 80631 Dear Kim Ogle; l am a long-time resident of our county, and l am writing to express my concern about the planning case USR18-0125. I understand that the decision is being considered to allow a use by special review of the land as a commercial RV storage and maintenance facility . I do not believe that the approval of this is beneficial to the existing right to farm - agricultural area. The neighbor to the west of the facility is an established equine facility, the land to the south of the property is agricultural and is plowed, seeded and harvested every year. To have an RV storage and maintenance facility built in our neighborhood is in direct conflict of what Weld County is known for. As stated on the Weld County website, Weld County is 75% devoted to farming and raising of livestock, and while equine is not considered livestock, the neighborhood we live in has been highly agricultural since it was developed. We were known as Chicken City for years and we have ail come to love the rural essence we live in. With the intrusion of high -density Broomfield neighborhoods on three sides of our community, allowing a commercial business to be built in the epicenter of our neighborhood is truly undesirable. Right now when looking out our kitchen windows we see agricultural land suitable for many agricultural or rural residential purposes. It would break my heart to look out my window and see 300 RV's instead. This statement taken directly from the applicant's USR application and in our opinion is in opposition to the Weld County Code Chapter 22: The land is currently zoned for agriculture, however, pursuant to Weld County Code Chapter 22 A. Goal 7; "County Land use regulations should protect the individual property owner's right to request a land use change. " A4 Policy 7.2 states that "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 compatible with the region." The area that the applicant wishes to develop is not one that can support this development nor is it compatible with the region, it is in the middle of a residential neighborhood, 1 EXHIBIT b USI1& Min 3 The increased light, noise and air pollution from this facility is not something that we would like to see. We have already seen a reduction in areas of our neighborhood where we can ride our horses SAFELY outside of an arena, walk down the street to a neighbor or even hunt small game. The increase in traffic will impact us accessing/egressing our hone as our driveway egresses directly onto CR7 While we don't deny the applicants wish to better their financial freedom by becoming a business owner, we do hope that the county commissioners will agree that this commercial business is not a good fit for our neighborhood.. Sincerely, Kevin & Michelle Arrick Sent from Mail for Windows 10 2 Kim Ogle From: Sent: To: Subject: Follow Up Flag: Flag Status; Kim Ogle Wednesday, March 27, 2019 4:52 PM Kim Ogle FW: USR1 B-0125: Proposed RV storage Follow up Flagged From: mike Schweitzer <schwemf@yahoo.com> Sent: Wednesday/ March 27, 20191:03 PM To: Sherri Struble <srstrub@aol,com>; Chris Raimo <renacommunity©gmail.ccm>; Sandy Barnett <tomatoqueen@skybeam.com>; Kevin and Michelle Arrick <kmarrick@msn.com>; D. J. Lynch <lynchd j@hotmail.com>; Kim Ogle <kcgle@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: USR1S-O125: Proposed RV storage This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. Weld County Planning & Building Department 1555 North 17th Ave Greeley, CO 80631 Re.: USR15-0125 Hello Weld County Planners and Commissioners, I'm writing to protest a planned RV Storage Park in my rural, residential neighborhood (USRIB-0125). This proposal is not consistent with the Agricultural Goals and Policies Section 22-2-20. At present,the area does not include operations anything like this, in terms of nature or scale. The site is large for our neighborhood and would have no agricultural or residential component in a ru ra l residential area, Of the surrounding parcels, nearly all (>95%) are residential. Noise levels would be raised to commercial or industrial levels in an area which presently has residential noise levels This proposed operation is not compatible with Broomfield City and County's comprehensive plan. Our neighborhood is surrounded on three sides by Broomfield City and County, who (much to our chagrin ®) is actively building residential homes on this former Weld County Agricultural land. Broomfield's plan limits commercial interests to buffer areas, which include those properties directly off of Highway 7 and Sheridan Parkway. CR 7 cannot support the proposed operation, and there is no plan to expand CR 7 in the near future 1 EXHIBIT b Ust %IS b- 3 k4 Visual or noise screening is not practically possible as this property slopes from West to East, with the majority of our neighborhood to the East and able to see every square inch of the property no matter how tall any fencing would be. Plus the applicant plans to store RVs, which further contribute to this issue due to the height of RVs. This proposal is not consistent with Urban Development Goals and Policies Section 22-240, as the site is not located in a Regional Urbanization Area. This proposal is urban in nature. This proposal is not consistent with Industrial Development Goals and Policies Section 22-2-80 or with Commercial Development Goals and Policies Section 22-2-100, as the proposed operation is commercial and industrial in nature whereas 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, as the neighbors all live on five acre properties with plenty of room to store their own RVs. The buyers of the predominantly starter -homes and affordable housing that Broomfield is building around our neighborhood are unlikely to be at a point in their financial lives where they can afford RVs. This proposal is not consistent with Section 23-2-230.B.3, in that the uses which will be permitted will not be compatible with the existing surrounding land uses. The neighborhood surrounding the site is nearly 100% rural residential and agricultural. A few properties have family run businesses, but these are atypical. The exceptions include one Lutheran church, one Cambodian Cultural center, and a landscaping business, but all of these are operated by owners that live on their properties. Decades ago a machine shop was approved in our neighborhood by USR, which was a small family home business. That shop is now out -of -business due to the death of its founder and the property has new owners (as of March 28, 2019). There are no other commercial uses in the area, and none are likely, thanks in large part to the new Weld County agricultural zoning restrictions set to take affect shortly. The proposed storage area will have nothing to buffer the view of the storage area as is typically found in other storage facilities. Due to the topography of the site, the landscaping plan is not adequate to block most neighbors'views of the development. At present, the use of the property as proposedwould be visible to the surrounding areas on all sides, visually changing the character of the area. A hand full of shipping containers exist on properties throughout the area. These are used by property owners for agricultural needs. To the north of applicant's property exist a landfill and natural gas facilities at approximately County Roads 6 and which is approximately 1 mile from the access location of applicant's property on CR 7. The landfill has no access to CR 7 per agreement with the neighborhood, anagreement that has stood for over 25 years. The natural gas facility only has access to CR 7 north of our neighborhood,per agreement between our neighborhood and the gas company (Crestone . Peak)Drilling Drillin at this site is scheduled to cease within months, at which point activity at this site will subside considerably. Both of these facilities have not sufficiently changed the agricultural and residential character of our neighborhood. These existing operations do not change the character of the present zoning. The proposed RV storage is substantially more intense,commercial and industrial in naturaThe application has not adequately addressed mitigation techniques that might have helped mitigate the incompatibility of the proposed uses. � y g This proposal is not consistent with Section 23-2-230.8.4, as the surrounding area is actively being converted to residential neighborhoods by the City and County of Broomfield. 2 This proposal is not consistent with Section 23-2-230.B.4, as the Design Standards (Section23-2-240, Weld County Code), Operation Standards ( ection23-2-250, eld 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. The application does not provide adequate provision for cleaning dirt and mud off of CR 7, which is surly to routinely occur as RVs move into and out of the proposed site on the unpaved access road to the site. Traffic would be impacted significantly by the increase in use if this change is approved. At the present time,the only access to our rural community and this site is via County Road (CR) 7. No turn lanes exist onto the property from CR 7. Neighbors are already concerned with the increased traffic due to Broomfield's residential neighborhoods being build all around us. Traffic will further increase due to the RV and boat storage. There is no immediate plan to make the necessary improvements to CR 7. Many arterial roads within 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 7 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 has 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. The Applicant has made no mention of how it could meet the residential noise standard. Thank you for your consideration, Mike Schweitzer Vice President Ranch Eggs Neighborhood Association (303) 564-1744 3 Kim Ogle From: Sent: To: Subject: Karen Lovewell <karenlovewell@yahoo.com> Wednesday, March 27, 2019 9:59 AM Kim Ogle; Tom Parko Jr.; Chris Idairno USR18-0125 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. We do not want to have a commercial RV Storage Lot per U R 18-01 5 . For us, the reasons are: 1. We do not want the extra traffic on our Road 6. We already have way too much traffic on our road due to all of the oil companies that run 24 hours a day/7 days a week. This disrupts us all throughout the day as it is. It makes our homes and windows shake/rattle and is a concern with safety with children and elderly people trying to cross the road to get mail and for us to even get out of our driveways. This is a residential road that is over populated as it i s . 2. This could lower our property values. 3. Unsightly in the residential neighborhood. Thank you for listening to our concerns. Karen and Bob Lovewell 3693 County Road 6 Erie, co 80516 303-587-4676 €,)(HIBIT VSttb ovum is, Kim Dale From: Sent To: Cc: Subject: Doug Sauer <scra gar@q.com> Thursday, March 28, 2019 10:43 AM Kim Ogle Tom Parka Jr. USR1 g-0125 storage on county road 7 Caution: This email originated from outside of Weld County Government. Do riot click links or open attachments unless you recognize the sender and know the content is safe. To whom it concerns, I have no opposition to the facility being built next door to my residence. The property was already allowed to have an unsightly oil well put on it that has no fence around it to hide it. We live next door to a stinky dump that has trash blowing through the neighborhood, A Church on the same road that not only added traffic and dust but the building does not fit the neighborhood and the constant chanting, loud music and noise pollutes the air during the summer. As for this facility, the stables , the church, the oil well facility and any other commercial property on the same road, Possibly hours of operation should be considered, possibly a dust free surface In the facility, a paved access up to the facility and other businesses to keep the mud off county road 7 and the dust down from additional traffic from all businesses. Lighting should be off during non operational hours. Thank you for taking my opinion into consideration. Regards, DSauer Sent from my 'Phone I EXHIBIT usasse, 012.5, ES (co To: Weld County Planning Commission March 28, 2019 Re: USR18-0125, Proposed RV Storage in Ranch Eggs Subdivision This letter is to voice opposition to the proposed rezoning of a parcel of land in the Ranch Eggs neighborhood in SW Weld County for RV storage. The biggest issue is that it will be a considerable eyesore to have right along WCR 7, in a neighborhood of homes on acreages. This is an agricultural/residential neighborhood. The appearance of this large RV storage facility will dramatically affect the overall appearance of our neighborhood by making it look more like a commercial/industrial zone, and right along a gateway into Weld County, An 8' tall chain -link fence with brown plastic slats in, and a sea of potentially 300 RV units behind it will not beautify the general feel of this neighborhood, and will certainly be a threat to the value of our properties and the ability to resell them in an era of development and construction in this area that is being conducted by Broomfield and Erie, and give a bad taste to travellers and nearby homeowners, not only in Ranch Eggs, but also in the neighboring subdivisions that have been built Usually, this type of storage facility is located in a more industrial area to mask its visibility, and not right along a main road, and in the midst of a group of homes. It appears that the people proposing this rezoning are not intending to move to the property and to become part of the neighborhood, but rather converting avacant agricultural property with no home on it into merely a storage property solely for commercial gain. In the near future, the value of these properties for homes will only be increasing due to the upscale development in the surrounding area, which also includes commercial development of hospitals, retailers (IKEA), and businesses. There are 4 other storage facilities within a radius of about 24/2 miles of this proposed site. Several photos are attached to show how unsightly this storage facility could appear. One of the facilities on CR 6 is shown superimposed onto a photo of this piece of land, next to the photo of the property. The intent is simply to graphically show how this proposed facility would really diminish the general appearance of the neighborhood and really cause a visual threat that is quite inconsistent with our neighborhoods These nearby RV storage facilities are not at all poorly maintained and they appear to be internally well organized, but the other selected photos still demonstrate that there is a certain unsatisfying messiness that would really wreck the appearance of our neighborhood. This why I encourage the Weld County Planners and Commissioners to reject this USR application for the proposed installation of 9 acres or stored RV's. Thank you. Herbert Ri ehl 3398 CR 4, Erie, Co 80516 EXHIBIT rvole)oisr7 1'1 a Attachments: Photos ,..Je pal aim diZaialba -13 r Y St t LL r f' • aktia ra 'PAIN :•+ 41. II ter Y ilk alai. .t jet Sr, is ' !!" [ .M 1111y- :' 7 set , , -a ,_ re . 5 t. L r r.. • �..R r -• 5i -Ad it a a FyLa - . ' 1 I 41 p J r a i Q a akr rm a a '!i • » ,• •, , i t ti These nearby RV storage facilities are not at all poorly maintained and they appear to be internally well organized, but these photos still demonstrate that there is a certain unsatisfying messiness that would really wreck the appearance of our neighborhood. March 28, 2019 Kim Ogle, Planner III Weld County Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: ISR18-0125 Mr. Ogle, We are writing to you regarding zoning case #USR18-1025. We understand that the request is to rezone the above referenced property from ag-residential to commercial in an effort to build a large recreational vehicle storage facility. Our family has definitive plans to develop an additional residential property to the north of our current farm, just across CR7, literally directly east of the proposed commercial development. We have purchased a water tap; a leach field has been drawn up and plans for a family home to be built with pasture land plus shelters for animals is in play for 3120 Johnson Lane. Another opportunity for a family with children to enjoy our community and raise children in a non-commercial developed environment. We understand that Erie, Adams County, Thornton and Broomfield have not supported prior requests to their jurisdictions. We ask that Weld County deny this request for rezoning. Sincerely, Jamie & Ashleigh Merritt 645 County Road #7 Erie, CO 80516 720-839-1105 Cc: RENA Board renacommunity@gmailtcor State Representative Lori Saine iori:saineih+ausestate.co.us State Senator Vicki Marble vickL.marble.senate@state.co.us EXHIBIT ESQ conic 4 13, March 2 ,2019 Tom Parka, Director Director of Planning too kc� Id .� � Kim Ogle, Planner Ill Weld County Planning Services 1555 N. 17th Ave. Greeley, CO 80631 kog,Ie@weldgov.com RE: Rezoning Case U S R18-0125 Mr. Parko and Mr. Ogle, We understand that an RV Storage and RV Maintenance company plans to open a business north of the private gravel road on the west side of WCR 7 as reflected in the aforementioned reference. The RENA Board (our neighborhood association) members have been told that Erie, Adams County, Thornton, and Broomfield have not been willing to consider any such request, but Weld County seems willing to consider this proposal. We have serious concerns about this development plan. The concerns about the proposal are listed below: a • a • t Potential for decreased property values (most people do not support this proposal for this reason) Inadequate/unattractive screening from neighbor properties Increased large vehicle (RV) traffic 24 hour traffic to/from business location Wide turns in/out of small gravel road Potential for contaminated runoff into irrigation ditch (may request an environmental impact assessment) Commercial lighting (light pollution) and noise (despite the business owners stated attempt to mitigate this issue) We are asking that is proposal not be allowed to go forward to approval. Weld County has over 3,000 farms, of which 20% have annual sales greater than $100,000. Weld's agricultural products and services create over $1 billion in market value per https://'upstatecolorado.or'sit.e-selec ionicev ifduStry sectors/. Weld County is known for it's support of small farms and ag- residential opportunities for individuals to pursue a quality of life that is being encroached upon by commercial development, understanding the tax benefit but also understanding that several of our neighbors will consider relocation due to this type of development. Is this the outcome the county wants, especially in an existing community with a small portion of land in the middle of its environment? Sincerely, Donna Schwab 599 County Road 7 Erie, CO 80516 Cc: RENA Board re�necornmunity J gmail rcorn State Representative Lori Saine house@state.co.us State Senator Vicki Marble vicki.marble.senate@statc.co.us EXHIBIT Kim Ogle From: Sent: To: Subject: Kim Ogle Friday, March 29, 2019 5:51 AM Kim Ogle FW: Reference U S R1 B-012 S From: Bev Rairden <rairdenbev@gmail.com> Sent: Thursday, March 28, 2019 5:50 PM To: Kim Ogle ckogle@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; renacommunity@gmail,com Subject: Reference USR18-0125 Cautio--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. Kim, I am writing this email in reference to USR1S-0125. I am concerned what will happen to the neighborhood if the RV Storage & Service Company is permitted. I think that this type of business will effect the value of our homes, bring extra traffic on Road 7, and RV owners using our streets to make U turns when they miss the business entrance. Please take our concerns seriously, Thank you Bev Rairden 1 EXHIBIT k 6 ar1a,Fs 2-b Kim Ogle From: Sent: To: Subject Kim Ogle Friday, March 29, 2019 5:51 AM Kim Ogle F1 : USR18-0125 R 18-0125 From: SCOTT RAIRDEN cscottrphoto@msn.com> Sent: Thursday, March 28, 2019 6:28 PM To: Kim Ogle <kogle@weldgov,com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Chris Raimo crenacommunity@gmail.com> Subject: U S R1S-O125 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. Kim Ogle, This email is about my concerns with the RV parking lot that wants to infiltrate our residential neighborhood. As you may know we do have some neighbors that have businesses that they run off their properties, however these businesses are hidden from view and no one would ever know they were running a business. What is being prosed....is a TOTAL eye sore. I personally feel that that type of a business would be better suited in a industrial area. I do plan to fight this proposal as far as 1 need to until it is denied. Thank you for your time! Scott Rairden 1 EXHIBIT %e,c\i A Kim Ogle From: Sent: To: Subject: Kim Ogle Friday, March 29, 2019 5:52 AM Kim Ogle FW: subject #U R18-3125 From: Paula Lauer <paula_lauerdcc@yahoo.com> Sent: Thursday, March 28, 2019 5:41 PM To: Kim Ogle <kogle@weldgov.com> Cc: Tom Parko Jr. <tparko@welcigov.com> Subject: subject #USR18-0125 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. March 28, 2019 To whom it may concern regarding case # USR18-0125, I am a resident that lives on Johnson Ln. Erie, Co. I am concerned about the R.V., Boat storage trying to come in on county rd. 7. I understand the land needs to be rezoned to commercial, right now it is zoned for agriculture. My concerns are it will impact the area, 1. Safety concerns are people will be able to access it 24 hours a day and whose to say the owners of the R.V.'s will not try to stay in them and how much control will there be? 2. If more lighting is to go up where is the privacy for the surrounding neighborhood ? Will the lighting interfere with the farm animals ? 3. There will be a lot more traffic on county rd. 7 and it will be harder for the residences to get on to rd. 7 from the side roads we live on. Who will maintain the roads with heaver vehicles it will tear up the roads and there will be more dust from the dirt road and in winter the roads are not maintained. 4. If and when a fence is to go up to try and cover the storage unit R.V.'s are pretty tall and I bet you will be able to still see them. What about the views that the residences will lose in and around the area. I live in this area and it has always been zoned agriculture with animals and farming. One reason 1 live where I do is because of the open land that goes along with farming and animals. Silt will decrease the property values ? 6. How are we protecting farmland by rezoning this property ? Sincerely, Paula Lauer 3261 Johnson EXHIBIT '09Z 011707 1 ID L From: Sent: To: Cc: Subject conikiwa@aol.com Friday, March 29, 2019 2:30 PM Kim Ogle Tom Parko Jr.; renacommunity@gmail.com IMPACT - RV STORAGE LOT ON C R 7 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. To the Weld County Planning Board, As residents of Ranch Egg Estates who will be impacted by your decision on whether to allow the development near my home of a project described as an "RV and boat storage, two dump stations, a 1001000 gallon frame suppression tank, steel framed enclosed and covered parking garages, one 6000 sf steel framed RV maintenance shop with office and security living quarters, I need to voice my concerns about the development of such a project. Please note the following negative impacts which will result from your approval of this project within our community: Decreased property values • Inadequate/Unattractive screening from neighbor properties • Contaminated runoff into irrigation ditch • Commercial Zone conflicts with our Ag/Res In light of the fact that Erie, Adams County, Thornton and Broomfield have all found substantiating evidence that has led them to be unwilling to consider such a request which would most certainly create a negative impact for their residents, want to voice to those in your office at Weld County how much we have always appreciated your efforts to make informed choices that are in the best interest of those living within your jurisdiction. • Increased large vehicle (RV) traffic • 24 hour traffic to business • Wide turns in/out of small gravel road • Commercial lighting (light pollution) and noise • Increased mud on road • Increased dust in air Beyond the above noted concerns, the gravel road they are proposing to use isn't designed for that amount of frequent heavy vehicles which will result in conditions of heavy washboards and deep pot holes which will require constant need of repair. Thank you for your time and we trust you will take a serious look at the long term adverse consequences of such a project. Matthew and Kathy Collier 1 EXHIBIT ilU5se re vats) 2 2.17 March 29, 2019 Tom Perko, Director Director of Planning iparico@eldg.ov.cor Kim Ogle, Planner Ill Weld County Planning Services 1555 N. 17th Ave. Greeley, CO 80631 kegI_ec)yivdg oarrcom RE: USR1S-0125 Mr. Ogle and Mr. Parker, We are writing to you regarding zoning case #US R 1S-1025. The case reflects the proposal currently in review and relates to the approval of a property directly across the road from our farm. We understand that the request is to approve the above referenced property from ag-residential to commercial in an effort to build a large recreational vehicle storage facility. We have serious concerns about this development plan for the following reasons. We have lived in this area since 1999. We are surrounded by a community of small family farms and hobby ranches the reflect a quality of life to which we all subscribe, We feel that having a commercial business in our neighborhood will adversely affect our long strived for quality of life. As a result, we suspect that our property values will be adversely affected and frankly, many of us have spent large amounts of money to create this personal paradise. We think its fair to say that the operating characteristics of this business as described; 24 hour access could increase the amount of traffic on a road that is predominately used by local residents, commercial lighting that could pollute our night sky; a 6000 square foot steel framed RV maintenance shop with offices and security living quarters and since we have essentially paid for the mountain view with sweat equity, we are very disheartened by the possibility of this zone change . The potential for land and water pollution remains to be seen, however, one could assume that with 2 dump stations, and an RV repair business, it is a probable outcome, We own two water shares and are responsible for maintaining the ditch to the south of the property. Many of us are raising children in this area for a reason, a quieter environment with exposure to a world that provides opportunities to interact with aspects life that are not available in areas were commercial development exists. The exposure to animals and to participate in 4-H projects that will be supported on our property. We are discouraged by the current political climate which we lends itself to this type of intrusion seemingly without consideration of the "little guy" that wants to maintain a quality of life and works hard to maintain the lifestyle. People move here to live here, not to make a living by victimizing the local residents and the community, We are not judging someone for wanting to make money, we just feel like it could occur elsewhere with less impact. We understand that the property was chosen due to its lower cost without consideration of the impact. We understand that Erie, Adams County, Thornton and Broomfield have not supported prior requests to their jurisdictions. We ask for your consideration of the information in this letter in denying this request for approval and then have you imagine if you lived in my house. Sincerely, Page lof2 EXHIBIT March 29, 2019 Tom Parka, Director Director of Planning tparko@weIdgov.com Kim Ogle, Planner Ill Weld County Planning Services 1555 N. 17th Ave. Greeley, CO 80631 kogleweldgov.com RE: USR18-0125 Mr. Ogle and Parka, We are writing to you regarding zoning case ftUSR18-1025. We understand that the request is to approve a large commercial recreational storage facility in an ag-residential al area. Our family has definitive plans to develop an additional residential property to the north of our current farm, just across CR7, literally directly east of the proposed commercial development. We have purchased a water tap; a leach field has been drawn up and plans for a family home to be built with pasture land plus shelters for animals is in play for 3120 Johnson Lane. Another opportunity for a family with children to enjoy our community and raise children in a non-commercial developed environment. We understand that Erie, Adams County, Thornton and Broomfield have not supported prior requests to their jurisdictions. We ask that Weld County deny this request for rezoning. Sincerely, Jamie & Ashleigh Merritt 645 County Road #7 Erie, CO 80516 720-839-1105 Cc: RENA Board ruriacommunity@gniail.com State Representative Lori Saine lorLsaine.hou�se state.co.us State Senator Vicki Marble vie kismarble.senate@state.co..us EXHIBIT lust's CO en 70-47%;,* JOHNSON &j REPucci leliP ATTORNEYS AT LAW David F. Bower dfbower@j-rlaw.com Direct Dial: (303) 546-5608 March 29, 2019 Via Ee I 'ko'le eId2ov.cp Weld County Planning Commission cito Kim Ogle, Planner Planning and Building Department 1555 N. 17th Ave Greeley, Colorado 80 631 Re: Case Number USRI8-0125, High Plains Storage & Service, LLC Dear Weld County Planning Commissioners: This firm represents Jamie & Ashleigh Merritt and Sandy Barnett (collectively, the "Neighboring Landowners") with regards to the Use by Special Review Application submitted by High Plains Storage & Service, LL ("High Plains") in Case Number U .18-01 (the "Application"). Although you will undoubtedly hear a number of concerns regarding High Plains' proposal to build a large recreational vehicle storage facility in the middle of an agriculturally zoned neighborhood filled with small family farms, I am writing in particular to address certain legal issues raised by the Application. Incompatibility with Weld County's A ricuiiural Goals and Policies Pursuant to the County's standards for Uses by Special Review, set forth in the Weld County Code, Section 23-2-200.A., "Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land uses in the neighborhood. The additional consideration or regulation of Uses by Special Review ... are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the County." Pursuant to Section 23-340, the intent of the Agricultural Zone District is "to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses." The County has also established certain goals and policies for agricultural lands, including to "[c]ontinue 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." Section 22-2-20.8, The polio used to accomplish this goal is to "[a]llo' commercial and industrial uses, which are direct.' 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 850' W. South Boulder Road, Suite i.00 Louisville, CO 80027 I tel 303-442-400 I fax 303-442-0191 I www j-rlavtcom Weld County Planning Commission March 29, 2019 Page 2 infrastructure are currently available or reasonably obtainable." Section -2-20.B.2. In F the County aims to "recognize and respect the rights afforded by the State Constitution addition, and associated statutes of individually decreed water rights." Section 22k -2-20.C. High Plains requests sts approval to build a 6, 0 00 square foot maintenance and repair garage. � �' ed Nearly the entire rest of the subject property — over 9 acres of open pastureland — will be pav and developed with garages and canopies for storing approximately 300 recreational vehicles. � g All of this would be in the dead center of a neighborhood that is made of up families' homes and farms. It should therefore go without saying —. the requested special use is categorically incompatible � com atible with the neighborhood, is counter to the health and general welfare of the residents, _ and has absolutely nothing to do with agriculture or agricultural businesses. Accordingly, the Application must be denied under the County's Use by Special Review standards. Endangerment ent of Water Qualitv Not only is the use incompatible with the neighborhood, it actually threatens the proposed ar ,� operations. existing agricultural o erations. Both of the Neighboring Landowners own shares in the Farmers Reservoir and Irrigation Company ("FRICO"). The water rights associated with these FRICO shares are delivered by an irrigation ditch that runs through the proposed storage space. These water rights are currently used to irrigate pasture and fill ponds. In addition, Ms. Barnett irrigates two vegetable gardens and an orchard that she uses to help feed other families. The proposed storage lot has the very real potential to adversely impact these activities. Besides the inevitable air, noise, and light pollution, a recreational vehicle storage yard with it liquid wastes likegasoline, oil, and antifreeze. While High Plains may be will also bring able to capture and properly store certain waste fluids generated in the maintenance shop, , it will � � � along with have a harder time preventing leakage from the stored vehicles. These fluids, .lo pc�o c anything hin else that is not captured by the shop, will follow the rest of the drainage off the p p' rty and Neighboring into the eighborin Landowners irrigation supply: See High Plains' Drainage Narrative. Exacerbating this problem, the subject property is currently below grade. In order for the site to be developed, High Plains will need to import approximately 22,833 cubic yards of fill material. See High Plains' Stormwater Management Plan, Section 1.7, This is an enormous amount of fill for a property of this size, and there is no telling what sort of material will be hauled in, but any pollutants included in the fill will continue to runoff the site and further impair water quality. Injury to Water and Easement Rights It is also important to note that High Plains does not have the legal right to actually use the Neighboring Landowners' irrigation ditch for drainage purposes. Any increase in the amount • any decrease i n the quality � �� the water of water transported down the irrigation ditch or .q delivered from the ditch because of the storage lot would be unlawful. See 'N ier swee t Farms, { 00452626 / 1 Weld County Planning Commission March 29, 2019 Page 3 Inc. v. Zunbelman, 976 P.2d 326 (CoIoApp. 1998), which states that an "upstream property owner may alter natural drainage conditions so long as the water is not sent down in a manner or quantity to do more harm to the downstream land than formerly." Furthermore, any increase in water, and especially contaminated water, would be a trespass. See Hoery v. United States, 64 P.3d 214, 217 (Colo.2003)1 which held that a "landowner who sets in motion a force which, in the usual course of events, will damage property of another is guilty of a trespass on such property." Similarly, based on the information presented, it appears that a portion of the Neighboring Landowners' irrigation ditch is going to either be covered or piped. See High Plains' Site Plan, which shows that the "drainage ditch from other properties" will be covered in asphalt. This is not allowed under Colorado law unless High Plains' receives either the Neighboring Landowners' consent or a declaratory judgment from the district court that the modifications to the ditch will not adversely impact their water rights. See Roaring Fork Club v. St Dudes Company, 36 P, 3 d 1229 (Colo. 2001). Approving High Plains' modifications to an irrigation ditch without first having the applicant receive the ditch owners' approval is also inconsistent with the County's goal of respecting decreed water rights. Revisions to Land Use Code Finally, High Plains' proposed use for the property is also inconsistent with the Planning Commission's March 19th decision to unanimously endorse Weld County Ordinance 2019-02. As you are all aware, that ordinance would change significant portions of Section 23 of the Weld County Code. One of those changes, in particular, is to delineate storage of recreational vehicles as "Outdoor Storage." Under the Land Use Code changes that the Planning Commission recommended just two weeks ago, outdoor Storage would be defined as "[tjhe outdoor placement or leaving of goods for future use, preservation or disposal, or the renting of space for storage of recreational vehicles, boats, and camper trailers." The Planning Commission does not even need to consider whether High Plains' request is compatible with the existing neighborhood, because it has already concluded that recreational vehicle storage is incompatible with agricultural zoning generally. Therefore, Planning Commission must deny the Application. Conclusion At the end of the day, there is simply no way that a recreational vehicle storage facility can be approved at this location without materially and adversely impacting the rights of the existing farms and families in the area. The very name of the adjacent neighborhood — Ranch Eggs — speaks to the area's long and storied agricultural history, which is something that should be lauded by the Planning Commission. There is an abundance of vacant land that would be far more suitable for recreational vehicle storage, including across f-25, where storage facilities of this nature already exist. For these reasons, the Neighboring Landowners would respectfully request that you deny the Application. {00452626 / 1 } Weld County Planning Commission. March 29, 2019 Page 4 Very truly yours, David F. Bower cc: RENA Board (renacommunity @ gmaiL corn) Tom Parka (tparko@weldgov.com) {00452626/1 } l irn Ogle From: Sent: To: Cc: Subject: Patty < patty. horizo ns@m i dco network.co m > Friday, March 29, 2019 10:35 AM Kim Ogle; Torn Parko Jr. renacommunity@gmail.com U R1B-0125 Caution: 11 is 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. Hi, We are writing in regards to the proposed RV Storage. Co Rd 7 is not built for that kind of traffic. We have traffic from the high schools and surrounding neighborhoods. You can't pull out onto Co Rd 7 without getting into the oncoming traffic lane with an RV, which would be very da nge ro us... it's simply not wide enough. with all that heavy equipment on this gravel road, there are going to be many potholes and the road will have a tremendous amount of washboard. The 24 hr traffic will be increased. Anyone trying to head east from Co Rd 7 onto Highway 7 is going to be backed up even more than it is now. We are an Agriculture /Residential Zoned area and we do not agree with this Commercial Storage Facility. Thank you! Dennis & Patty Gustin 2633 175th Ave Erie, CO 80516 1 Kim Ogle From: Sent: To: Cc: Subject: Kay Goldermann <KGoldermann@hollandhart,com> Friday, March 29, 2019 7:01 AM Kim Ogle; Tom Parko Jr. renacommunity@gmail.com USR18-0125 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, To Whom it May Concern, I am writing to voice my concerns regarding the proposed site for an RV and boat storage station on the west side of Road 7 in Erie. First and foremost I am concerned about leakage from the vehicles seeping into the ground and contaminating the water in the irrigation ditches, This creates a possibility of these contaminants making into the fields irrigated by these ditches. Second, there are homes in close proximity. What will this due to their quality of life? Increased traffic, traffic noise, pollution, dust from the vehicles going down a dirt road and lighting are very real problems and will impact a great many people. I would like to close by saying, we already have a landfill, oil and gas wells and an oil and gas facility in this immediate area. We all bought out here to be in the country and live a peaceful life. Why do we end up constantly have our lives impacted by things like this? There is plenty of land that is not surrounded by homes to create businesses like this. Please do not allow this to happen, Thank you and Kind Regards, Kay Kay Goldermann 3673 CR 6 Erie, CO 80516 303 817 2046 EXHIBIT 2r7 Bill and Chris Raimo 914 County Road 7 Erie, CO 80516 Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: USR18-0125 -0125 To Weld County Planning Conunission, Director of Planning, and County Planner, We are writing this letter to communicate our concerns about the proposed USR18-0125 under review which would allow a commercial/industrial recreational vehicle storage facility to be built and operate in our rural residential, agricultural conununity. We purchased our home in the Ranch Eggs neighborhood eighteen years ago. We were attracted to this community because it enabled us to have a small agricultural acreage where we could raise our family and enjoy a quality of life that we and our neighbors value. We have set down roots and built relationships. We have many neighbors that we depend on and consider our friends. Our home was originally built in 1967. We bought it from the second family that owned the property. They had lived here for over 30 years and we hoped to do the same. The house hadn't been improved since it was first constructed. Everything was "vintage" and "original". The bedrooms were tiny, the kitchen was the size of a closet, we all shared the one full bathroom, the windows were drafty single -pane, aluminum framed ones that iced on the inside in the winter and rattled when thewind blew, the moss rock fireplace was an unusable monolith in the family room . , . but we also had inspiring mountain views, fruit trees, space to set up a play structure for our kids and we were surrounded by nature - birds, wild and domestic animals and pets. Our family loved our place and our community and so took the bad with the good. We looked forward to the day when we could afford to remodel and update the house. After years of saving and planning we were finally able to begin our home remodel three years ago. Everyone who begins a remodel project knows that it's never really, ever "done" but at last we are getting close to completing all of the updates that we dreamed of when we moved here. We have invested our time, skills, energy, sweat equity and a considerable amount of money to improve our home and property. Our neighbors have been patient and have cheered us on along as they've watched the transformation. The approval of the proposed RV Storage & Service business would affect us personally in that it would negatively affect our quality of life and our property value. It . would be very visible from our home and g � property Our home is positioned on higher ground than the applicants' property so even if the RVs and other vehicles are screened on all sides they would not be screened from our view from above. When we remodeled our house we added a small balcony off of our bedroom lacing to the south. On clear days we EXHIBIT 1JS2. OI2s have an expansive view all the way to Pike's Peak. The RV ►torage lot would be positioned in the middle of that view. At present our view is of the lovely pasture on that site. We would also be personally affected by all of the other negative impacts that this business would have on our neighborhood — the increased hazards of large vehicles turning into and pulling out of a private gravel road, increased dust, noise, lights at night, the loss of the view of open pasture, etc. We love our neighborhood and believe that its rural and agricultural nature is worth preserving. We believe that if an RY Storage & Service business is permitted here it will have not only immediate impacts but long-term consequences for our entire community. The prominent location of this co rmercial/industrial business in the midst of our rural residential neighborhood will immediately alter the "face" of our agricultural area, affect the perception of our community and reduce the likelihood of others wanting to live here, This will decrease the desirability of this neighborhood and the value of our properties. In the longer term the consequences of lowered property values and the additional negative impacts of this business such as increased traffic, noise, lighting, and 24 -hour commercial activity will affect our ability to continue to live a rural lifestyle and may discourage other current and future residents from taking the risk of becoming more deeply rooted and establishing themselves here - building relationships with neighbors, getting involved with our neighborhood association, investing their time and money in cultivating or improving their property, raising and caring for livestock, or remodeling or building a home here. The uses which will be permitted if this USR is approved will not be compatible with current and future development of our area. We know of two property owners who have plans to build new rural residential homes in our community this year. We are also aware of several families that have planned to hand down their property to their children or other family members or sell to new families who are looking for the things that this neighborhood has to offer. Their decisions about how to proceed with their planned investment in our neighborhood will be greatly infl.uuenced and may be changed if this area is developed as proposed by the applicants. Change is inevitable and not always unwelcome. However, we would ask that you give careful consideration to both the short term and longer term impacts that the approval of this USR application would have on us, Weld County residents who have made a substantial investment in our homes and properties and on our established and treasured rural community in our corner of Weld County. We respectfully request that you deny this application for Use By Special Review. Thank you for your time and consideration, Bill, Chris, Heather & Nathan Raimo Hello