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Home My WebLink About20191539.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR18-0125 - HIGH PLAINS RV STORAGE AND SERVICE, LLC Exhibit Submitted By A. Planning Commission Description Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 04/02/2019) C. D. E. F. G. H. I . J. K. L. M. N. O. P. Q. R. S. T. U. Planning Services Applicant The Board of Ranch Eggs Neighborhood Association (RENA) Dave Bower on behalf of Jamie & Ashleigh Merritt and Sandy Barnett Daniel Oenes Daniel Oenes PowerPoint Presentation Warranty Deed, Fire Marshall Letter, and Fire Prevention Plans (received 04/10/2019) Letter of Concerns (dated 04/19/2019) Letter of Concern (dated 04/22/2019) Email of Concern with attachments for Left Hand Water District and Mountain View Fire District (dated 04/05/2019) Email of Concern with attachments - Warranty Deed, Letter from Mountain View Fire District, drawings (dated 04/10/2019) Kevin and Michelle Arrick Letter of Opposition (dated 03/26/2019) Chris Raimo FRICO Bradley Howe David Bower Debora Lynch Steve Buckbee — Left Hand Water District RENA and Surrounding Property Owners Petition in Opposition (received 04/23/2019) Letter of Opposition (dated 04/23/2019) Letter of Opposition (dated 04/23/2019) PowerPoint Presentation - Legal Standards (received 04/24/2019) Copy of notes presented at BOCC hearing (received 04/24/2019) Letter of Concern (dated 04/17/2019) Copy of notes presented at BOCC Hearing and displayed images (dated 04/19/2019) 2019-1539 PL2663 r---AW.t ryw,•LA!`*aKdtirt..04Ore• :•iy :�. P -r ) ; tiv Ltzaiitt.4y.t:eiArra '- {0'(1..- WELD counrrY ADMINISTRATIONF� ., BUILDING ► 1150 -0 Street • Greeley, CO 80631 w::tt�lt.,�•:ra.ltl +rIN A it rife .1r Ceirc.r:tli f • - t:ennt-b's+one Hoharecta AN, IN, 'Si ICI .i. t, C1ots. IDwI.k • Op 1044:111�e... l..e. a 'coed ot of stair Pansy bee' Mine CYisa«t-el St F.ObbM ts.'iery D6.0 M • lh. imp ono vas IMICO Ur ohm e �Ri<env w. frog f b11.s: dt4'"�'Nsp*. *kg. 0r...lksinsapin tam marl orssed rid *won arm ...know. f fi. >. flJ 4 fl ty,�y vim wt' �, „' • �� Wit. � wa:.l Oat prat at al" Mate M at .. A SOWS!! t �I � � 4 pt_a�lcc.Lr`z ii��.)i��;.•Gf W.Mrrrrt� hu, :• rc Sign Planting by Kim Ogle dated March 12, 2019 1 D 3 EXHjBIT i L34Z I FS O 126 •..._,-••. a+ea■ •-a.its h 'Eipc J r:1aA rigs concerning thi$ property mil Can PIS h,�before rho Boardf County Commissioners. �anngors. WEL COUNTY ADMINISTRATION 1150 "On Street • Greeley, CO 80631 r):4inning Commission Heanng be held on it•Staktia..:2,„ at %art, of County Commissioner Hearing mil hekl on kkeRILLS 438: at 1,4.03141. ri ba Hai+► Plain* Rv $40 410411 anti wwwwwita-its0 5,:t lostatic A Us. ,per, msod op r,C' P,�n and a, gentile math* by flirt Use Ued�w t a i 'e ant a" +r of 'aofle *taint lupptelitoon tar* saw tierfutd fox toted bad (*vowed_ PonAlla cousins of* 6000 sr stow 'Irv." Rif ataissonamor t hob !nth Cake 40Provett of —...arammea San 444 0,109 ad004:00,1 04 any ritt444110.111 Ctofter Wong worded Case Number °OA% Acres Fop FURTHER --�� ic a& tge.....A7 THE WELD coutini PLEASE CONTACT Fsissancifts..,„ glow* Alb tdo DPLAAUNG ES, AST g7� 'DERT�� 1�OF ., �f .extarghl •IP "lint foraiiie & triviZalicammit,;=.11WIC easowboin* Zeta High Plains RV & Storage, LLC Sign Planting iNair ,• z a 7,L "., 1 '' 33 'Sj •= r ii. ti u i itH I ra. °,: _ , F - alb i '. v s v c a • -a U t- con aw v sar - i I u° so° n + t 3I• R 8 I ° I tO: ai • View Iodlng across easement road onto property to southwest and Broomfield residential subdivision development View lookinacross easement road onto property g ntoto southeast and r,_ Broomfield residential subdivision development Irrigation Lateral North of Easement Access Road View on access easement road looking east p r View on access easement road looking west Selena Baltierra From: Sent To: Cc: Subject: Attachments: Importance: a EXHIBIT u - -oVaS Kim Ogle Wednesday, April 10, 2019 11:40 AM Selena Baltierra; Jessica Reid Chloe Rempel; Isabella Juanicorena FW: Warranty Deed USR18-0125.PDF; SCE-3704-VR - AS BUILT DRAWINGS AG.pdf; Warranty Deed.pdf High Please add to case file for Daniel and Kristi Oenes, USR18-0125. Thank you Kim From: Oenes, Daniel <doenes@ball.com> Sent: Wednesday, April 10, 2019 10:47 AM To: Lilah Imes <lilah.imes@lefthandwater.org>; Chris Smith <chrissmith@lefthandwater.org>; Martin Harders <mharders@lefthandwater.org>; Kim Ogle <kogle@weldgov.com>; Steve Buckbee <sbuckbee@lefthandwater.org>; LuAnn Penfold (Ipenfold1101@gmail.com) <Ipenfold1101@gmail.com> Subject: Warranty Deed Importance: High 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. Hello everyone, I have attached the Warranty Deed, the letter from Fire Marshall LuAnn Penfold with Mountain View Fire and Rescue about fire prevention plans, also an as built set of drawings for the fire prevention water storage tank. Let me be clear, we DO NOT NEED a hydrant that is sourced from the 6" line that is on the East side of Weld County Road 7. That hydrant line is good for only about 650-700 GPM for residential hydrant service, which is not sufficient, per Darwin William's information. LuAnn Penfold stated I need an 8 " line that supplies 1500 GPM for a 2 hour fire per NFPA regulations. In my tap request availability form, in the area that says -"ANY OTHER INFORMATION RELEVANT TO YOUR APPLICATION", I wrote down that I am required to install a 100,000 gallon fire suppression tank and 2 hydrants on my property to meet Mountain View Fire's criteria. I am not asking Left Hand for the availability of 2 hydrants. I just added those notes stating I have already discussed this with the Fire Marshall and why I don't need hydrants from Left Hand. Anyone on this email, please chime in with any helpful information. Thank you, Danny Oenes 1 This message and any enclosures are intended only for the addressee. Please notify the sender by email if you are not the intended recipient. If you are not the intended recipient, you may not use, copy, disclose, or distribute this message or its contents or enclosures to any other person and any such actions may be unlawful. Ball reserves the right to monitor and review all messages and enclosures sent to or from this email address. MOUNTAIN VIEW FIRE RESCUE 3561 N. Stagecoach Road • Longmont, CO 80504 (303) 772-0710 • FAX (303) 651-7702 March 22, 2019 Mr. Kim Ogle Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Mr. Ogle: I have met with Mr. Daniel Oenes regarding the High Plains RV Storage & Service facility proposed at 587 Weld County Road 7 (Case Number: USR 18-0125). The applicants proposed plans for fire department access and water supply for the meets the requirements of the fire department. Formal approval and review will be conducted at the time the applicant submits plans to proceed with the actual development of the property. The Fire District has no objection to the Special Use Permit for the property. We appreciate being involved in the planning process. Should you have any questions, please contact me at 303-772-0710 x 1121. Sincerely, C C LuAnn Penfold Fire Prevention Specialist cc: project file Ip03.18.19 www.mvfpd.org N. 0 o. 41 w 4 4 n - API PY{HrA 4 tiny SSD 4•4•••• fl ` Imo megs 4•4•••• • m' IR11�N1.tn X44• '_'AnACIry - 105,110 GALLONS CAVE & F4ORRICANE C.IP INSTALLATION LKL. I Ie7O0O5 1i16' • ./•' MR' 1870605 •zz / S/'e' IIAi N/ 1108p. MC 400 noorCAVt Cu' 9968006 s/10' 1 ' v/f1 6th' /MSOlOS LA.t C4.21 IR CR MIM _ /09905M .'IM'IL:AM Cop IM EIVr1 T••' ROOF PANE, /F AVE. SEAL K'T INSTALLATION (Mt :UV 30 14/4 I I If4 %CM1 /9960586 MO /1170605 \ 1/ l6- • 3; 4' Oa OM:- l NOT. 497 'IAAOE ANT a ==A ism wow A15Iy'AG Mow "AW..s. 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WIT *RCS Sr. I I. *XI OV[wAp DOES., SCA WV 17 •/C11NE MSNLY .I'D/1 orOlRLIP.OUTE1.130,4Alun �'` SECTION LAP 11,1 8451. mat I!I - ILWTO R S4C.1 19311•040J/' ]w-... DOUR SECIIOI I ( %,r IS CAM WI J • I I -..a._._ . IMh LAP COlCIKM A I 1/I• TILT NW _ SECTION E 1 SI.C IOs 1.I SIJAOMp :M COIN[CION - 11IT VIII SILTS MSTALLIO TOR WRVS OF SITU FLOW INSEAM SHELOS COUNI[R =CAMS[ Ifilfa_, w wr . "' ' w 0-7! Ina. Ia..0 ii•. 3'•.;�: -. �.:4-14 `t TT KI!'L/RY. ism r..1. i; •e..7 �1 0-.t _.- CONhIC IK)NS-CAS1AlC LANs/111 IRRIGATION *Al ER TANK AS BUUI DRAWINGS �... wow.. .:.. INN ., u '/1'-• - — Mar. 15. 2017 10:04AM CARTER & COMPANY SALES No.2397 P. 2 After Recording Return to: High Mains RV Storage & Service !IC, a Colorado limited liability company 15104 St. Paul Street Thornton, CO 80602 WARRANTY DEED This Deed, made Between Paul B. Coates of the County Weld, State of COLORADO, grantor(s) and High Plains RV Storage & Service LLC, a Colorado limited liability company, whose legal address is 15104 St Paul Street, Thornton, CO 80602 County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of FIVE HUNDRED THOUSAND DOLLARS AND NO/100'S ($500,000.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, If any, situate, lying and being in the County of Weld, State of COLORADO described as follows* See Exhibit A attached hereto and made a part hereof. &so known by street and number as 587 Weld County Road 7, Erie, CO TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, 'nterest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer In accordance with section 8.1 (Title Review) of the contract dated January 31, 2017, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Wdconn ESCROW NO. 460-EH0d98080-04t-MM4 Mar. 15. 2017 10:04AM CARTER & COMPANY SALES No. 2397 IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLER: Paul B. Coates STATE OF COUNTY OF I2a ` The foregoing instrument was acknowledged, subscribed and Witness my nand and official seal. } ss: sworn to before me by Paul B. Coates. otary Pub My Commission expires: 8 LUGO Commission 4 2113231 Notary Public - California Riverside County M Comm- E • fires Jun 23, 2019 x z J 3 O Mar 15 2017 10 04AM CARTER & COMPANY SALES No 2397 P 4 Exhibit A PARCEL T Lot A, Recorded Exemption No 1467-33-1 RE4435 as Recorded July 10, 2006 at Reception No 3401785, County of Weld, State of Colorado PARCEL II Lot 6, Block 1, The Haven at York Street, Filing No 4, 1st Amendment, County of Adams, State of Colorado Mar. 15. 2017 10:05AM CARTER & COMPANY SALES No. 2397 RE: Commitment No. 450-H0498080-042-MM4 AFFIDAVIT AND INDEMNITY AGREEMENT TO HERITAGE TITLE COMPANY, INC., a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation. 1. 1 his is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materlalrnen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Exhibit A attached hereto and made a part hereof. Property Address; 587 Weld County Road 7, Erie, CO 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject cornmitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. RE: Commitment No. 450-H0498094042-MMa REO than U AFFINDEMLT-Af►idavit and Indemnity Agreement Mar. 15. 2017 10:05AM CARTER & COMPANY SALES No. 139 / P. 6 RE; Commttment No 450-M0498080-042-MM4 The undersigned affiant(s) know the matters herein stated are true and indemnifies HERITAGE TITLE COMPANY, INC., a Colorado Corporation and Commonwealth Land Title insurance Company, a Nebraska Corporation against loss, costs, damages and expenses of every kind incurred by it by reason of Its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: Paul B. C167 --- State of�--a- county of sa }SS: The foregoing instrument was acknowledged, subscribed, and sworn to before me by Paul B. Coates. (SEAL) 8. LUG0 Commission +P 2113231 Notary Public - California Riverside County Comm. Expires Jun 23, 2019 AFFINDEMLT-Affidavit and Indemnity AsreeMent n\r NWIL 6 -Me �latary buc My Commission Expire RE Commitment No. 450-H0498080-042-MM4 KEC than 4 REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(I)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S and 39-13-102(5Xc), C.R.S. 1. Address or legal description of real property: Please do not use P.O. Box numbers. 587 Weld County Road 7, Erie, CO Parcel 1 Lot A Recorded Exemption No. 1467-33-1 RE4435 recorded 7-10-2006 R#3401785 Weld County 2. Type of property purchased: O Single Family Residential O I'ownhome O Con ominium 0 Multi -Unit Res O Commercial O Industrial O Agricultural 0 Mixed Use 1 Vacant Land O Other 3. Dale nof Closing - (1_ 5- (/ Month CDav Vear Date of Contract if Different than date of closing: Month Day Year 4. Total sale price: Including all real and personal property. 5500,000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire r hase price will be assumed to be for the real property as per 39-13-102, C.R.S. O Yes No If yes ,approximate value $ Describe Escrow No. 450 -H0498080 -042 -Mark Miller RPTRNSFRLT-Real Property Transfer Declaration 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approxim a value of the goods or services as of the date of closing. ❑ Yes No If yes, value $ If yes, does is transaction involve a trade under IRS Code Section 1031? ❑ Yes O No 7. as 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. Yes O No If no, interest purchased 8. 'Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include petops within the same family, business affiliates, or affiliated corporations. ❑ Yes No 9. Check any of the following that apply to he ondition of the improvements at the time of purchase. ❑ New 0 Excellent O Good Average O Fair O Poor O Salvage. If the property is financed, please complete the fo lowing. 10. Total amount financed: $ j 040,460 11. hype of financing: (Check all that apply) New Assumed ❑ Seller ❑ Third Party ❑ Combination; Explain 12. I errs Variable; Starting interest rate ength of time j' Q years Fixed; Interest rate S 5 0/0Balloon payment O Yes O No If yes, amount $ Due date 13. Mark any that apply: OSeller assisted down payments, 0 Seller concessions, Special terms or financing. If marked, please specify: For properties other than residential (Residential is defined as: single family detached, town homes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? O Yes If yes, franchise or license fee value $ • 15. Did the purchase price involve an installment land contract? ❑ Yes If yes, date of contract 16. If this was a vacant land sale, closing? O Yes No No n on -site inspection of the property conducted by the buyer prior to the No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this . Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. BUYER: High Plains RV Storage & Service tALC, a Colorado limited liability company Signature of Grantee (Buyer) 0 18. All Future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to : /-/vV %A & / %raree I `&4: ?Pi 7 Address (mailing) Daytime Phone -/7Avid;1 lc/.� .4 et,' (0:7 City, State and Zip dode DATE: April 19, 2019 TO: Weld County Board of Commissioners FROM: Ranch Eggs Neighborhood Association (RENA) and Friends RE: USR18-0125, High Plains Storage and Service LLC Scheduled for review April 24, 2019 Introduction Please accept this letter which outlines our concerns and details our opposition to USR 18- 0125. Our experience with the Planning Commission taught us that it's perhaps unrealistic to believe there will be time for the Commissioners to read all the documentation provided. Therefore, our presentations to the Board of County Commissioners will highlight a few of the items on record in this letter in order to fit within the limited time allocated to speakers. I USR 18-0125 is incompatible with the Ranch Eggs Neighborhood and current uses. This is an application to locate an industrial/commercial business within a "Right to Farm" agricultural zoned ranchette community. II. USR 18-0125 is incompatible with the future uses and development of the Ranch Eggs community area. III. USR 18-0125 is inconsistent with the existing and proposed Weld County Code, Goals and Policies. Most Concerning Issues: • The applicant does not have a water tap for this property. Although the applicants have provided a letter with their application from Left Hand Water stating that the property lies within their service area, Left Hand Water has said that they are unable to provide service to the applicants' property at this time as the water service to our neighborhood is at full capacity. There is no indication given as to when this capacity will increase as it will require the construction and operation of a new Left Hand Water pumping station. • This poses a real concern to the community as we have already had one fire in the neighborhood fueled by vehicle storage. 10/8/2014 Headline: Erie barn fire damages, destroys up to 70 classic cars There was not enough water or available water close enough to the property to combat this type of fire to prevent a total loss of the building and its contents. • Potential impacts to irrigation water quality are unacceptable. Water rights owners' counsel will address these issues. • Lack of information in the USR application presented to the Planning Board about the development of this project and the impacts of this business on the neighborhood. Incomplete drainage plan, lighting plan and landscaping plan. • Phasing of this project introduced by the applicant at the Board of Planning Commissioners hearing, without any description or documentation. This plan to phase the development of this business was not stated or described in the application. • No consideration or discussion of list of conditions requested by the Community. Ranch Eggs Community's activities regarding USR18-0125: A. At the applicants' request the RENA Board met with the applicants in February 2019. B. Concerned residents contacted Planning with unsatisfactory results. C. Concerned residents contacted Planning Director, Tom Parko, and had an entirely professional experience. D. Several residents who either attempted to or were able to contact Planning about this USR prior to the Board of Planning Commissioners hearing include: 1) RENA Secretary Chris Raimo, representing entire membership 2) Jamie Merritt, before public comment invited 3) Brad Howe, planned new home placed on hold pending this USR decision 4) Attorney David Bower's call was not returned E. RENA Membership Resolution, "The Board will represent RENA Membership in opposing USR18-0125." was unanimously approved at Membership Meeting on February 26, 2019. F. There are 58 Properties within the Ranch Eggs rectangle. G 31 Letters/emails were sent to Planning from concerned community members; including RENA letter on behalf of membership. 30 OPPOSED, 1 ambivalent Letters and emails believed to be more effective than phone calls to Planner, which explains why there are so few phone calls on record. H. 14 Concerned Residents, all opposed to USR18-0125 attended and many spoke at the 4/2/19 Planning Commission hearing. I. RENA Board investigating previous RV Storage USR15-0045 approved November 25, 2015 BUT NEVER DEVELOPED within neighborhood area. We believe that the vested property right granted by this USR was forfeited on November 26, 2018 by the applicant's failure to abide by the terms and conditions of the approval. Planning Commission Hearing Experience: A. Commission came to split decision; 3 opposed, 5 approved. B. Commissioners voting to approve this USR based their decision, in part, on PERCEIVED compatibility of this commercial/industrial use with the neighborhood!!! • Aerial photographs presented by the applicants showed 3 neighborhood properties with multiple vehicles stored. The applicants stated that these must unpermitted, commercial storage areas already operating in our neighborhood. • Vehicles at these properties have been deemed as fully screened from roadways and neighboring properties • Several zoning complaints have been filed for the 3 properties; Complaints were closed because all 3 are Weld County approved non-commercial junkyards screened from streets and neighbors. The vehicles are owned by the property owner. C. Motion to oppose the recommendation of the USR was made by the one Commissioner who lives close enough to at least have seen Ranch Eggs neighborhood. D. Appeared that few Commissioners had read all the letters and emails sent by concerned residents; items that had been clearly addressed in letters seemed "new news" to some. One Important Example: The fact that the currently proposed changes to the Weld County Code will not allow this type of business - either an "Outdoor Storage Facility" or a "Vehicle Service/Repair Establishment" - to be located in an Agricultural zone. E. USR application materials reviewed in Planning Commissioners' Hearing had undergone significant changes from the ones available to the public earlier that morning, leaving no opportunity for review either by the Planning Commissioners or by the Public. Consequently, some of the planned comments were no longer germane. F. We appreciated that the County Planning Commission listened to our statements, but it is clear that in Weld County, the role of the planning staff is to represent the applicant. The concerns and views of surrounding property owners and neighbors were not supported nor represented by staff. As residents and community members we did our best to speak up for our neighborhood. G. One member of the Planning Commission suggested that we set up an HOA with covenants to help protect our property values in the future. We took his suggestion seriously and have since contacted a real estate attorney. He advised that the process would require 100% owner participation (HIGHLY UNLIKELY!), is costly, and current owners would be exempt. (Voluntary RENA, even if membership is interested, is not in any position to pursue this.) H. Another member of the Planning Commission told those of us who attended the hearing, including one of our residents who has lived here for fifty years, that "you ought to sell and move". We were disappointed that that would be the parting advice of a County leader, especially after having tried to make it clear by our efforts to participate in the process, our presence at the hearing and our testimony before the Commissioners, that we care about and are deeply rooted in our community. We don't want to leave our homes and our neighborhood where we have raised our families and built our lives. We shouldn't have to abandon our community and lose the relationships we have with our neighbors to make way for a business which will not resemble any current activity in our neighborhood or benefit our community in any way. I. Many members of our community have actively participated in opposing this USR. They have sent letters and emails, have signed a petition, have appeared before the Planning Commission and will speak before the County Commissioners to give their input and express their opposition to this business in our neighborhood. Community members were disappointed that despite all their effort, time and concerns the Planning Commissioners voted to recommend this USR. Ranch Eggs Neighborhood, from our perspective A. Ranch Eggs has a strong and well -supported neighborhood association (RENA); which is optional and voluntary for residential property owners. RENA is not a Home Owners Associations with covenants. 1) RENA negotiated and maintains the agreement with the neighboring landfill. 2) RENA represents the community's interests at public governmental meetings in Broomfield, Erie, and Weld County. 3) RENA hosts opportunities for residents to meet with government officials, communicates with area law enforcement and businesses such as oil and gas which impact the community, organizes neighborhood garage sales, and monitors other items of interest. 4) RENA's persistence has led to IGA (Broomfield/Erie/Weld) currently being negotiated under Weld County leadership. B. In Transition 1) Neighborhood, in transition. We have made a lot of progress. Many properties undergoing 'gentrification' and renewal. As with any neighborhood in transition, several zoning complaints have been filed with the county against properties in the neighborhood that have issues. Most zoning cases have been closed after investigation and mitigation as the properties are deemed compliant. 2) The surrounding area has become more residential with Broomfield and Erie building new planned housing developments C. Recent Improvements A few recent examples: 1) Cambodian Cultural Center/Buddhist Temple 2) Extended Family Home; 14,000 sq ft home with approved on -site landscape business. 3) Raimo's House; Addition and complete renovation of original 1967 Ranch Eggs home 4) Lauer's House (new windows, roof, siding, garage doors, etc.) D. New build resident owners planning to build "dream homes" holding for USR result; properties are across from applicant property and they will likely not build their homes and will SELL if USR approved. 1) Bradley Howe 2) Armitage E. Neighborhood fencing is in farm/ranch style, leaving sight -lines very open, unlike USR proposed fencing. 1) Broomfield describes Ranch Eggs as "open area" between itself and Erie. 2) USR's 9 -acres fully enclosed fencing IS INCONSISTENT with principally residential and agricultural properties. F. Almost every other business in this community is resident -owned and operated; with residence being principle and business being incidental. The two exceptions being the Cambodian Cultural Center/Buddhist Temple and Rejoice Lutheran Church. G. Our Community by the Numbers: 1) Fifty-eight properties are within the rectangular area we refer to as Ranch Eggs. 2) Over 20% - are multi -generational home owners — property ownership being passed down to family members - helping maintain neighborhood continuity. 3) Many properties are used agriculturally, incidental to residential use, including livestock, grazing, hay production, egg processing, nursery/tree storage and food production for residents and others. 4) Many area property owners are shareholders in FRICO (Farmers Reservoir and Irrigation Company) and receive water through irrigation canals. 5) One resident operates a non-profit combined equine -veteran rescue on his property. 6) One property is a Christian church. 7) One property is a Cambodian Buddhist place of worship. 8) ZERO properties are principally commercial use. 9) ZERO properties are principally industrial use. USR 18-0125 is INCOMPATIBLE with Ranch Eggs Neighborhood and Current Uses A. The Commercial/Industrial nature of the request is inconsistent with surrounding property rights granted by Weld County's RIGHT TO FARM B. Negative effects on irrigation water 1) No FRICO-maintained ditch would allow storm water to be discharged into the ditch. This is down -stream from FRICO maintenance, but the same reasons exist. 2) Several negative impacts to property owners include discharges of oils, grease, and other sediments which lead to problems with the plants and animals utilizing that water source. C. Unlike other businesses in the neighborhood, it would not be secondary to residential use. D. Restricts farm/ranch-like sight lines E. No agricultural use. Does not demonstrate a diligent effort to conserve prime farm/ranch land F. Does not protect the property rights of existing owners. G. Ranch Eggs is viewed and currently serves as a regional interface "buffer" area in relation to the upscale homes, parks, trails and hospital, and NOT a commercial area or industrial park which would be more suitable for an RV Storage and Service and Repair Facility. H. To date, NOT ONE PERSON has been able to articulate any benefit the existing community will experience by the addition of and RV Storage and Service business ... and we've been asking the question! USR 18-0125 is INCOMPATIBLE with the future uses and development of the Ranch Eggs community area. A. Not compatible with future development, which includes the two planned "dream home" neighboring residences to be constructed and occupied by current property owners as previously noted. B. Not compatible with planned residential development by Erie and Broomfield in surrounding area. C. Not compatible with future use of neighborhood properties for agricultural purposes. D. Would permanently remove agricultural land from production and degrade it such that it would most likely never be able to be converted back to agricultural use in the future. USR 18-0125 is INCONSISTENT with existing Weld County Code, Goals and Policies Weld County Commissioners set a precedent with their denial of USR17-0016: WW-LLC c/o Ralph Walker. The court case which ensued supported the Commission's denial of the USR application. Many of the Commissioners' objections to that USR fit this USR equally well. The document detailing Commission objections in that case can be found at: https://weldcountv.sharefile.com/d-s3c3a0f0d92f4ee4b This proposal is not consistent with the Agricultural Goals and Policies section 22-2-20. This area does not include operations anything like this, as it is strictly commercial/industrial in nature and has no agricultural or residential component in a rural residential area. The proposed use is not directly related to, or dependent upon, agriculture. Nearly all surrounding parcels are rural residential, with the few exceptions described below. Broomfield City and County is actively converting the surrounding former Weld County Agricultural lands to suburban residential homes. Commercial interests are limited to those properties directly off of Highway 7 and Sheridan Parkway. The applicants are not proposing to build a home, as they have no intention in living on the property. Instead, they plan to erect and operate an RV Service and Repair facility, open during undetermined hours and undetermined days and generating commercial noise levels in an area which presently has residential noise levels. CR 7 is an increasingly busy road, with no turn lane into the proposed RV Service & Repair facility and Outdoor RV Storage site. We are not aware of any plans to widen or add lanes to CR 7 in the near future. The applicant's proposal does not include adequate visual or noise screening. A six-foot tall fence, to screen 10' - 14' tall RVs, with no trees, just bushes and wild flowers. This proposal is not consistent with Urban Development Goals and Policies section 22-2-40 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 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 Service and Repair facility and Outdoor RV 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 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 23-2-230.8.3 : The Applicant has the burden to demonstrate "That the USES which would be permitted will be compatible with the existing surrounding Uses" The neighborhood surrounding the site is nearly 100% rural residential and agricultural. The exceptions are noted below. The neighborhood consists of owner -occupied primary residences. Commercial activity within the neighborhood has always generated supplemental income for the home owners, not primary income. This has always been true, even during the height of the commercial success of the chicken egg barns. The true value of the rural residences has always been, and remains, as rural residences and not any incidental business associated with the property. The applicant will not be building a residence on the site, as they will not be living on site. An RV Service and Repair facility and Outdoor RV Storage will be constructed and operated, with commercial noise levels in a residential noise area. No limits on the hours of operation of the RV Service and Repair facility or Outdoor RV Storage area have been put forward. The proposed RV Service and Repair facility and Outdoor RV Storage area will have nothing to buffer the view of the storage area just as is typical of other storage facilities. Most of the RVs will be stored outdoors, with only a six-foot fence, shrubs and wild flowers as landscaping. As such, the use of the property as proposed would be visible to the surrounding areas on all sides, visually changing the character of the area. The proposed RV Service and Repair Facility and Outdoor RV Storage is commercial and industrial in nature. The applicant did not adequately address mitigation techniques that might have helped mitigate the incompatibility of the proposed uses. Ranch Eggs is viewed and currently serves as an regional interface "buffer' area in relation to the upscale homes, parks, trails and hospital, and NOT a commercial area or industrial park which would be more suitable for a RV Storage and Service and Repair Facility. Here is a list of the exceptions to the rural residential and agricultural use in our community. A Lutheran church which operates in a former converted home. This worship community consists of less than 50 members. Cambodian Cultural center is a beautifully landscaped and screened property, with residents that are a part of the community. A landscaping business exists at a neighborhood property and is operated by its owners who live in a home on the property. All trucks and equipment are stored indoors and are screened via a beautiful sandstone privacy wall. A machine shop, approved by USR in the 1980s, was a small family home business, incidental to the residence. 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). A trophy distributorship moved into a former Chicken Egg barn in the 2000s. This business is in the process of closing due to the death of its founder and owner. The property also has a home that is occupied by a long-time renter. Three private "non-commercial junkyards" exist in full compliance with Weld County codes, with vehicles stored either in converted Chicken Egg barns or behind visual screening. To the north of the applicant's property exists a landfill at approximately County Roads 6 and 7, 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, an agreement that has stood for over 25 years. By keeping their distance, this landfill has not adversely changed the rural nature of the adjoining neighborhood. A natural gas/oil well site exists at approximately County Roads 4 and 7. The access to this facility is via CR 7 to the north of our neighborhood, per an agreement between our neighborhood and the gas company (Extraction). Drilling at this site is scheduled to cease within several months, at which point traffic and activity at this site will subside considerably as all product is scheduled to begin being piped off site for storage and processing. Thanks to agreements with Ranch Eggs, neither the landfill nor the well site have sufficiently changed the agricultural and residential character of our neighborhood. These existing operations do not alter the character of the present agricultural zoning. This proposal is not consistent with Section 23-2-230.6.4 : 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." All the remaining surrounding area is actively being converted to residential neighborhoods, consisting of 1300+ homes in total, by the City and County of Broomfield. This build -out is currently about 1/3 complete and is expected to be completed in its entirety within the next five years. It is worth noting that Broomfield has limited all commercial development to "buffer areas" adjacent to Highway 7 and Sheridan parkway. Our neighborhood residents expect to continue living the rural residential lifestyle. In fact, the abundance of high tech and medical jobs locating nearby has greatly increased the values of our properties as rural residences. Two current resident owners are planning to build "dream homes" but are holding for USR result; both properties are across from (to the east of) the applicant property and they will likely not build their homes and will SELL if this USR is approved. This proposal is not consistent with Section 23-2-230.B.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." The Design Standards (Section23-2-240, Weld County Code), Operation Standards (Section23-2- 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. The application does not provide adequate provision for cleaning dirt and mud from CR 7, which will occur as RVs move into and out of the proposed site. Traffic would be impacted by the increased in use if this change is approved. At the present time, the only access to this site is a private, dead-end road which connects to County Road (CR) 7. No turn lanes exist onto or out of the private road from CR 7. Neighbors are already concerned with the increased traffic due to Broomfield's residential neighborhoods being build all around us. Traffic will increase due to the RV service and repair shop and the RV storage. We are not aware of any immediate plans 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. It has not been demonstrated that adequate water exists to fight any fire that may occur on this site. In fact, five years ago a collector car storage facility burned to the ground emphasizing this inadequacy. This has not been remedied since. The proposed use will have a detrimental effect on the water rights of neighboring properties. The Applicant has made no mention of how it could meet the residential noise standard. Please also consider that the proposed changes to Chapter 23 of the Weld County Code (which are scheduled for first reading before the Board of County Commissioners on April 29th, 2019) will no longer allow either of these uses "(Outdoor Storage Facility" or "Vehicle Service and Repair Establishment" to be located within an Agricultural zone. The stated goal of the proposed changes as written in the Long -Range Planning Memorandum dated March 19th, 2019 is "to encourage development in the zoning district appropriate for the type of development and promote compatible uses within zoning districts," The best and most desired outcome for our families, neighborhood and community is for the Board of County Commissioners to DENY this USR application and preserve the character of our rural residential neighborhood. IF, however the Commission cannot agree to outright DENIAL of this USR: Weld County Commissioners AND Ranch Eggs residents deserve the opportunity to see, understand and review the complete and comprehensive plans for this facility before a final decision is rendered. Due to the fact that there is no possible way for Weld County, the applicant or the neighborhood to guarantee completion of the project or success of the business, it's incumbent upon us to perform due diligence before the project is begun. We respectfully request a decision on this USR application be delayed and that the following conditions be fully met PRIOR TO APPROVAL: Requested USR Conditions: A. Weld County shall provide documentation to Ranch Eggs residents clearly defining the development phases, timeline and permitted operations of each phase of this facility. 1) Phased implementation introduced at Planning Commissioners meeting must be fully defined and documented 2) Drainage Plan defined 3) Lighting Plan defined. 4) Landscaping Plan defined. B. Weld County shall provide documentation to RENA defining the process by which required conditions will be enforced. C. The applicants shall be required to maintain a contract with a qualified professional to ensure proper water drainage with the proposed 'filter'. D. The applicants shall be required to maintain the private gravel road which customers will use to access their business. An Improvements Agreement shall be submitted by the applicants detailing a maintenance plan and schedule for the private gravel road to include snow removal and dust mitigation. E. A condition that holds the applicants responsible for preventing the tracking of mud from their property onto Weld County Road 7 and responsible for cleaning Weld County Road 7 within 24 hours in the event that mud is tracked onto the road as a result of their business activities. F. The applicants shall provide proof that sufficient fire prevention and firefighting capacities and capabilities are in place. G. A condition that a water tap be purchased and installed from a commercial source prior to the issuance of any permits, to include grading permits, and prior to any site operations in order to ensure that there is a reliable source of potable water for the business to be fully developed and operational and meet the conditions for sanitation and fire protection as approved. Although the applicants have provided a letter with their application from Left Hand Water stating that the property lies within their service area, Left Hand Water has said that they are unable to provide service to the applicants' property at this time as the water service to our neighborhood is at full capacity. There is no indication given as to when this capacity will increase as it will require the construction and operation of a new Left Hand Water pumping station. H. A condition that the hours for grading, building and construction of this facility be limited to weekdays between 8:00AM and 5:00PM. I. A condition that the portion of the private road from Weld County Road 7 to the applicant's westernmost property line be paved PRIOR to the beginning of any filling, grading, building and construction operations. J. A condition that the applicants be prohibited from removing existing trees along Weld County Road 7 as they are within 10' of the irrigation accessway. K. A condition that landscaping using a combination of berms, wooden or natural colored fencing materials and mature evergreen trees planted along the outside perimeter of the berm/fencing be installed to fully screen all stored vehicles, to full height of stored vehicles, from view on all sides so as not to visually change the character of the area. All trees and plantings must be serviced by an adequate irrigation system to be sustained and all screening elements must be replaced if they cease to fully screen stored vehicles from view. L. A condition that all protective coverings such as tarps, boat covers, etc. associated with the stored vehicles be earth -colored. M. A condition that the roofing materials of all structures on the property be non -reflective and earth -colored. N. A condition that the external surfaces of all structures and signs on the property be painted in neutral colors. O. A condition that the applicants prevent any surface water which may be contaminated by petrochemicals present from stored vehicles or other on -site sources from migrating into the irrigation accessways present on their property which convey irrigation water to neighboring properties. P. A condition that the applicants agree to limit access to their property to between the hours of 6:00am and 10:00pm. Business operations for the Repair and Service Facility will be limited to between the hours of 8:00am and 5:00pm on weekdays. Q. A condition that the business meet County RESIDENTIAL noise and air quality standards. This would include posted restrictions limiting the idling of vehicles. R. A condition that all lighting be approved by the County and not disturb or encroach upon neighboring properties. S. A condition that the applicants provide adequate provision for mitigation of increased crime and traffic hazards. Although WCR 7 is designated as an arterial road, there are no immediate plans to make the necessary improvements to WCR 7 to accommodate large RVs and trucks towing trailers slowing to turn into and accelerating to pull out of the private gravel road onto WCR 7. There is a need to allow safe egress and ingress to the private road and not hinder the flow of traffic on WCR 7 by the addition of the proposed use. The lack of accommodation for traffic detrimentally impacts the safety and welfare of the neighborhood and the County. T. A condition that any on -site housing must be used by the Owners or their employees only. U. Redesign of planned lot layout to be at least marginally consistent with the neighborhood. EXAMPLE: Move retention pond to an area outside the industrial -style fence and add attractive landscaping around the pond with perhaps a pocket park with a gazebo or covered picnic tables. (Something to break up the commercial/ industrial nature of the business and provide some benefit to the neighborhood.) Closing: In conclusion, we appreciate this opportunity to advocate for our families, our neighborhood and our community. We look forward to being able to speak to you at the hearing on April 24tH Thank you for your time and consideration. Sincerely, The Board of the Ranch Eggs Neighborhood Association (RENA) on behalf of our Membership Sherri Struble, President Mike Schweitzer, Vice President D.J. Lynch, Treasurer Chris Raimo, Secretary Sandy Barnett, Director Michelle Arrick, Director Ed Kosorok, Director Vsz"%47,` JOHNSON REPUCCI ATTORNEYS AT LAW David F. Bower dfbower@j-rlaw.com Direct Dial: (303) 546-5608 April 22, 2019 Via E -Mail (egesick(ii co. weld. Co. us) Weld County Board of County Commissioners 1150 O Street P.O. Box 758 Greeley, Colorado 80631 Re: Case Number USR18-©125, High Plains Storage & Service, LLC Dear Weld County 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, LLC ("High Plains") in Case Number USR18-0125 (the "Application"). As you will hear, High Plains is proposing to build a large recreational vehicle storage facility and service & repair shop in the middle of an agriculturally zoned residential neighborhood filled with small family farms. However, High Plains proposed use is inconsistent with Weld County's comprehensive plan, incompatible with the current and future character of the neighborhood, and is generally an unsuitable use for the site. Accordingly, we would urge you to protect the rights of Weld County's citizens and the Ranch Eggs neighborhood by denying the Application. Ranch ERRS Community As background, in the very southwest corner of Weld County lies an old agricultural neighborhood with a storied history. In the 1960s, Mr. Yoder, a Mennonite farmer from Iowa, moved to Colorado and purchased 200 acres of farmland. He then parceled the land off into five acre lots, where other families could move and take part in small scale production agriculture. Mr. Yoder advertised in out-of-state newspapers like the Kansas City Star to attract people to the region. Interested parties had to interview with Mr. Yoder to become part of the community, and if they were successful, they could move on to one of the 5 -acre parcels and raise chickens for eggs, which would be traded to help them pay off the cost of their lot. During these early years, many of the lots would be built with small farmhouses and large chicken sheds, and the eggs would go on to be sold at local King Soopers. Although not all of the properties in the area were part of this original Yoder farm, the neighborhood became generally known as Ranch Eggs — a name that carries through to this day. While other farms in the area are being developed into tract housing and golf courses, in Ranch Eggs, this agricultural tradition is alive and well. A drive through the neighborhood will show the old chicken barns, as well as grain silos, gardens, and pens and corrals for livestock. 850 W. South Boulder Road, Suite 100 Louisville, CD 80027 I tel 303-4442-1900 I fax 303-442-0191 I www.j-rtaw.com Weld County Board of County Commissioners April 22, 2019 Page 2 You will see horses, sheep, goats, alpacas, and even cattle There are over 50 houses in Ranch Eggs, most of which are occupied by families Some of these families participate in 4H, where future agricultural leaders are developed While people do run businesses out of their homes, these are the types of businesses that you would expect in farming communities — things like horse boarding, alpaca breeding, and greenhouses The neighborhood also contains two religious and cultural facilities — the Cambodian Cultural Center & Khmer Buddhist Temple and the Rejoice Lutheran Church These churches are part of the community, and the Buddhist temple invites the neighborhood with open arms to their annual events While none of this may be large scale production agriculture, it is a heritage and lifestyle worth protecting nonetheless Incompatibility with Weld County's Agricultural Goals and Policies in the Comprehensive Plan Not unintentionally, Weld County's agricultural goals are specifically designed to protect places like Ranch Eggs The County's standards for Uses by Special Review, set forth in the Weld County Code, Section 23-2-200 A , state that "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 23-3-10, 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 "[rleduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses" and to "[clontinue 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 " Sections 22-2-20 I and 22-2-20 B The policy used to accomplish this goal is to "[alllow 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 " Section 22-2-20 B 2 High Plains requests approval to pave over 9 acres of open pastureland, and develop it with garages and canopies for storing approximately 300 RVs The plans also include a 6,000 square foot RV maintenance & repair garage Basically, High Plains wants to build the equivalent of a large RV dealership on the site 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 with the neighborhood and has {00452628 / i } Weld County Board of County Commissioners April 22, 2019 Page 3 absolutely nothing to do with agriculture or agricultural businesses Accordingly, the Application must be denied under the County's Use by Special Review standards Incompatibility with Other Goals and Policies in the Commehensive Plan Not only is the proposed use incompatible with Weld County's agricultural goals and policies, but it runs afoul of a number of commercial and industrial development goals as well The proposed use violates at least four policies of the Weld County Comprehensive Plan O Commercial Development Goal 1 "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 " Section 22-2-100 A O Commercial Development Goal 5 "Minimize the incompatibilities that occur between commercial uses and surrounding properties " Section 22-2-100 E o Industrial Development Goal 1 "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 " Section 22-2-80 A U Industrial Development Goal 6 "Minimize the incompatibilities that occur between industrial uses and surrounding properties " Section 22-2-80 F A recreational vehicle storage facility and repair & service shop is best characterized as a commercial or industrial use, which belongs in a municipal or urban growth area, not in a rural residential neighborhood By approving an RV storage facility and maintenance shop on this site, the County would violate its own goals of concentrating these uses in more urban areas Incompatible with Proposed Revisions to Land Use Code To further drive this point home, High Plains' proposed use for the property is also inconsistent with the Long -Range Planning Staff's proposal to change the Weld County zoning code, and Planning Commission's March 19th decision to unanimously endorse it As you may be aware, Ordinance 2019-02 would significantly change portions of Section 23 of the Weld County Code One of those changes, in particular, is to specifically delineate the outdoor storage and renting of space of recreational vehicles, boats, and camper trailers as "Outdoor Storage " If Ordinance 2019-02 is passed, as recommended by both Long -Range Planning and the Planning Commission, Outdoor Storage would not be allowed in agriculturally zoned areas like Ranch Eggs under any circumstance Instead, the only places that commercial recreational vehicle storage would be allowed under the zoning code is in the C-3 (Regional Commercial), I- (00452628 / I } Weld County Board of County Commissioners April 22, 2019 Page 4 2 (Medium Industrial), and I-3 (Heavy Industrial) zones by Site Plan Review, and as an Accessory Use in the new C-4 (Highway Commercial) zone In addition, the only place that the Vehicle Service/Repair Establishment component of the facility would be allowed is in the C-2 (General Commercial), C-3, I-1 (Light Industrial), I-2, and I-3 zones, again by Site Plan Review That is because these particular commercial and industrial zoning areas are the types of places where RV storage facilities and maintenance shops should exist, just like car dealerships The fact that Ordinance 2019-02 has not been enacted yet is irrelevant — what matters is that both Long -Range Planning Staff and the Planning Commission have acknowledged that recreational vehicle storage and vehicle maintenance & repair is only suited for areas of the highest intensity commercial and industrial development Regardless of what changes are made to the county zoning code, the fact remains that there is simply no way to reconcile having a commercial RV storage and repair facility in the middle of an agriculturally zoned residential community Depreciation of Existing Property Values The Neighboring Landowners recognize and appreciate that Weld County values the right of citizens to own and utilize their property However, as set forth in the Comprehensive Plan, "[p]rivate property rights are not unlimited rights but, rather, rights balanced with the responsibility of protecting community health, safety and welfare " Section 22-1-120 A When balancing the rights and interests of competing landowners, the County must take Into account the impact a development will have on the community In this particular situation, the Neighboring Landowners are obviously very concerned that this commercial RV facility will adversely affect their property values They therefore hired an appraiser, who was asked to look at the value of their property currently and estimate how much it would change if this facility were to be built directly across the street Perhaps unsurprisingly, the appraiser was unable to provide an estimate on the total reduction in their property value The reason, however, is telling — the appraiser could not provide comparables, because the appraiser was not aware of any recreational vehicle storage facilities and maintenance shops actually built in the middle of neighborhoods across from people's homes That said, the Weld County Commissioners have already acknowledged that the presence and proximity of these types of facilities does in fact reduce property values for nearby properties When the County denied a Use by Special Review application for a similar recreational storage facility east of this location, it specifically discussed decreased property values as a basis for denial See Defendant's Answer Brief, in Case No 17CV30547 If all of the residential properties in Ranch Eggs realized even a small decrease, the total property value lost would still be in the millions of dollars The reasons for this devaluation are numerous — increased traffic and public presence, additional crime brought on by the increased traffic and public presence, light and noise pollution from the operation of the storage facility, destroyed (00452628 / I ) Weld County Board of County Commissioners April 22, 2019 Page 5 viewsheds from the fencing "hiding" the facility, and the list goes on and on, but it all boils down to this — allowing an RV storage facility and service & repair shop will result in a major decrease in the property values of everyone else in the community because Ranch Eggs will no longer be as attractive of a place to live Endangerment of Irrigation Water Ouality The proposed use also threatens the area's existing agricultural operations 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 facility These water rights are currently used to irrigate pastures, vegetable gardens, and an orchard, as well as to fill ponds The proposed RV storage lot and repair shop has the very real potential to adversely impact these activities Besides the inevitable air, noise, and light pollution from the proposed facility, an RV storage yard and service & repair shop will also bring with it liquid wastes like gasoline, oil, and antifreeze High Plains is suggesting that it will capture and store certain waste fluids generated in the maintenance shop, and also have a detention pond to capture other fluids that are leaking from the stored vehicles, with some form of EPA approved filter to ensure that these hazardous wastes do not drain into the irrigation supply However, High Plains has provided nothing else regarding the type of filter it is proposing, proof that the filter will be effective for its intended purposes, a plan for what will happen when the filter clogs, and how heavy precipitation events that overflow the detention pond will be handled There is simply no guarantee that this system will protect the irrigation water quality, and protect the safety and welfare of the down ditch properties 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 information in the Application describing what sort of material will be hauled in or where it will be sourced, but any pollutants included in the fill will continue to runoff the site and further impair water quality This is not to mention the hundreds or thousands of truckloads of material that will have to be brought in to construct the property, and the associated dust and exhaust that come with Injury to Irrigation Water and Easement Rights Besides endangering the irrigation water quality and environment generally, High Plains does not have the legal right to use the Neighboring Landowners' irrigation ditch for drainage purposes Any increase in the amount of water transported down the irrigation ditch or any decrease in the quality of the water delivered from the ditch because of the RV facility would be unlawful See Bittersweet Farms Inc v Zimbelman, 976 P 2d 326 (Cob App 1998), which states that an "upstream property owner may alter natural drainage conditions so long as the {00452628 / I } Weld County Board of County Commissioners April 22, 2019 Page 6 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), 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, High Plains is proposing to pipe or cover a portion of the Neighboring Landowners' irrigation lateral 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 Judes Company, 36 P 3d 1229 (Colo 2001) The County should not be in the business of approving modifications to irrigation ditches without first having the applicant receive the ditch owners' approval, which is also inconsistent with the County's goal of respecting "the rights afforded by the State Constitution and associated statutes of individually decreed water rights " Section 22-2-20 C Even if the County does approve this facility from a land use perspective, and such an approval is upheld by the district court, the issue remains that the Neighboring Landowners will need to receive their irrigation water unchanged in quantity and quality, as is their right, yet this issue appears to have not been considered Increased Risk of Flooding Another issue that has not been fully taken into consideration is the likelihood or increased flooding During the September 2013 floods, waters from the neighborhood filled the subject property and ran over Weld County Road 7 Because the subject site is a low lying area, the waters from the neighborhood have historically collected here This was not the first time that the area has flooded — in Ms Barnett's nearly fifty years in the neighborhood, she can remember at least three other major flooding events Now, High Plains is proposing to turn nine acres of pastureland into an impermeable parking lot When the next heavy precipitation event comes and this catchment is unavailable to help mitigate the floodwater, there is no way to anticipate what degree of damage this would do to the neighborhood Setbacks, Traffic, and Road Construction A review of High Plains' site plan shows that the fencing will be installed as close as possible to Weld County Road 7, taking into account the existing 30 foot right of way for Weld County Road 7, plus the 40 foot right of way for future widening However, that 40 foot setback for road widening appears to contain the irrigation and stormwater drainage facilities for the area In addition to the irrigation facilities, the neighborhood's gas line is also located in this easement area If the RV facility is built as proposed, and the road is widened as proposed, there will be no room for either irrigation facilities or access to the gas line These things should also be reviewed in far more detail before the Application is approved (00452628 / 1 ) Weld County Board of County Commissioners April 22, 2019 Page 7 Failure to Demonstrate an Adequate Water Supply It is also important to note that High Plains has failed to meet the Uses by Special Review application requirements Specifically, Section 23-2-260 E 2 requires "[p]roof that a water supply will be available which is adequate in terms of quantity, quality and dependability (e g , a well permit or letter from a water district) " High Plains states that its drinking water supply will be provided by the Left Hand Water District However, the Left Hand Water District has only provided a letter that states "If all conditions and requirements are met, water service may be available to the above stated area in the future " This is hardly proof that water service is available, as required by the code In order to demonstrate that water is available, High Plains' should have applied for a commercial water tap, which would prove that there is sufficient water supply and capacity in the Left Hand Water District system to serve the business without adversely impacting the domestic water supply for the rest of the neighborhood This is especially important here, because this particular property is actually outside the Left Hand Water District boundaries See Left Hand's Current Boundary and Adjacent Municipalities Map Without actual proof of water supply in terms of quantity, quality, and dependability, the Application is prima facie deficient, and should either be denied or tabled until this water issue is resolved Previous Approvals and Denials of RV Storage Facilities As a final matter, High Plains has argued that its Application should be granted because a similar application for an RV storage facility in the neighborhood was granted in the past It is important to realize that this is a changed circumstance, and the facts are remarkably different First, because that particular storage facility was proposed for the corner of the neighborhood — as opposed to the High Plains' facility, which is directly in the middle of Ranch Eggs — very few people were not notified Therefore, most of the potentially affected parties were not aware of that application, and for those that might have known about it, it did not directly impact their standard of living like High Plains' proposed facility Second, that particular facility was approved on November 25, 2015 — over three years ago — and those entitlements have now expired as the conditions of that approval have not been met Any application for a new storage facility would either have to be denied under the County's new zoning code or it will see the same level of opposition that High Plains' facility has, because opposition to this Application has united the community No land use application will ever go unnoticed again, because this neighborhood is now fully vested in protecting its future Instead, High Plains' application is far more similar to the application of WW, LLC, m USR17-0016 In that particular Use by Special Review application, WW, LLC sought approval for a recreational vehicle storage facility under facts nearly identical to the ones here, except that their proposed site was further out in the country In that situation, the Commissioners denied the land use application, and then defended their decision in the Weld County District Court, in Case No 17CV30547 In justifying the denial, the County cited all of the same reasons that the {00452628 / I } Weld County Board of County Commissioners April 22, 2019 Page 8 Neighboring Landowners do not want an RV storage and repair facility built in their neighborhood here — incompatibility with the County's agricultural goals, inconsistency with urban development goals, and failure to fit in the with neighborhood's character By denying the application of WW, LLC, the County set an important precedent — that RV storage facilities and service & repair shops are not compatible with and should not be allowed in agricultural neighborhoods — a precedent that the Commissioners must stand by now Conclusion At the end of the day, there is simply no way that the Application can be approved at this location without materially and adversely impacting the rights of the existing farms and families in the area This is the entire point of the County zoning code and land use planning — ensuring that new developments are consistent with what already exists — and an RV storage lot and repair & service facility is not compatible with the Ranch Eggs community The County has already acknowledged that fact in its goals and principles for agricultural zoned areas, commercial and industrial development, in its pending changes to the land use code, and when it denied the application of WW, LLC under very similar circumstances And that is why the Neighboring Landowners respectfully request that you deny High Plains' application as well Very truly yours, David F Bower cc RENA Board (renacommunity@gmail com) Tom Parko (tparko@weldgov com) {00452628 / 1 } Selena Baltierra To: Subject: Kim Ogle RE: 587 Weld county road 7 Erie, Colorado 80516 Legal Description: PT NE4-33-1-68 LOT A REC EXEMPT RE -4435 Weld County Parcel ID: 146733100021 From: Oenes, Daniel <doenes@ball.com> Sent: Friday, April 5, 2019 3:48 PM To: Chris Smith <chrissmith@lefthandwater.org> Cc: Kim Ogle <I<ogle, weldgov.com>; Steve Buckbee <sbuckbee@lefthandwater.org> Subject: RE: 587 Weld county road 7 Erie, Colorado 80516 Legal Description: PT NE4-33-1-68 LOT A REC EXEMPT RE - 4435 Weld County Parcel ID: 146733100021 Importance: High 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. Hello Chris, Our Public Hearing was on April 2'd, I submitted your letter, the commissioners said- "It stated there MAY be water availability if the conditions and requirements are met" They did not like that statement and want clarification. I had talked to you on March 1, 2018 per the attached letter. I explained what our business proposal for the said property. You said you could sell us a 5/8" tap based on the number of people at the business, (which is a maximum of 4 people during business hours). Darwin Williams had also said the same thing. The property is zoned as Agriculture. We are in the middle of getting approved USR for our operations. We do not require a Commercial fire tap. We will have a fire prevention tank on our property. Fire Marshall LuAnn Penfold has provided a letter to Weld County stating she has reviewed our site plan states that it meets the fire departments requirements. (see attached). Our demands will be approximately: 10,000 gallons a month in the summertime at peak demand. Also, Kim is a male, not a female. I know there is a 2 inch line that runs along the south side of my property to the residents to the West. I will be in on Monday to turn in my utility site plans, application and a check for the review fee. I would like to meet with you to familiarize both parties of what is understood. Thank you, Danny From: Chris Smith <chrissmith@lefthandwater.or,g> Sent: Friday, April 5, 2019 11:55 AM To: Oenes, Daniel <doenes@ball.com> Subject: [EXTERNAL] RE: 587 Weld county road 7 Erie, Colorado 80516 Legal Description: PT NE4-33-1-68 LOT A REC EXEMPT RE -4435 Weld County Parcel ID: 146733100021 Danny, I understand that you spoke to Steve Buckbee earlier and understand the limitations in our system to serve that parcel without significant upgrades. Can you explain to me what County process you're involved in right now and what it is that you have represented to Weld County as far as our availability for service at this time? Once we have a better understanding of what your expectation is we can speak to Kim directly to see if we can satisfy her requirements at this point in the process. 1 Thank you, Christopher Smith, P E I General Manager Left Hand Water District Phone 303 530 4200 www lefthandwater org From Oenes, Daniel <doenes@ball corn> Sent Friday, April 05, 2019 10 27 AM To Chris Smith <chrissmith@lefthandwater org> Cc 'kogle@weldgov corn' <koele@weldgov corn> Subject 587 Weld county road 7 Erie, Colorado 80516 Legal Description PT NE4-33 1-68 LOT A REC EXEMPT RE -4435 Weld County Parcel ID 146733100021 Importance High Good morning Christopher, I would like to have a meeting early next week with you about conditions and requirements that are outlined in your letter that I have attached We had our USR Public Hearing this week on Tuesday, April 2n° The Weld County Commissioners wanted more clarity than what we have provided them with We previously discussed a 5/8" tap size that would meet our demands Please let me know what works for you for next week Our Commissioners Final Vote is in 19 days, so this is a pressing issue for our USR vote I look forward to meeting with you at your earliest convenience Thank you, Danny Oenes 720 422 9897 This message and any enclosures are intended only for the addressee Please notify the sender by email if you are not the intended recipient If you are not the intended recipient, you may not use copy, disclose, or distribute this message or its contents or enclosures to any other person and any such actions may be unlawful Ball reserves the right to monitor and review all messages and enclosures sent to or from this email address This message and any enclosures are intended only for the addressee Please notify the sender by email if you are not the intended recipient If you are not the intended recipient, you may not use, copy, disclose, or distribute this message or its contents or enclosures to any other person and any such actions may be unlawful Ball reserves the right to monitor and review all messages and enclosures sent to or from this email address 2 einairo'e Left Hand Water Distract 3/1/2018 High Plains RV Storage & Service LLC Attn Daniel Oenes 15104 St Paul Street Thornton, CO 80602 Re 587 Weld County Rd 7 Erie, CO 80516 Legal Description PT NE4 33-1-68 LOT A REC EXEMPT RE -4435 Weld County Parcel ID 146733100021 TO WHOM IT MAY CONCERN The property at the above legal description is within the "Service Area" of Left Hand Water District If all conditions and requirements are met, water service may be available to the above stated area in the future Sincerely, 1 oP)„, Christopher P Smith, P E General Manager Left Hand Water Dtstnct PO Box 210 ti Niwot CO 80544 0210 ti Phone 303 530 4200 - Fax 303 530 5252 - www lefthandwater org LuAnn Penfold Fire Prevention Specialist MOUNTAIN VIEW FIRE RESCUE 3561 N Stagecoach Road Longmont, CO 80504 (303) 772-0710 FAX (303) 651-7702 March 22, 2019 Mr Kim Ogle Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Mr Ogle I have met with Mr Daniel Oenes regarding the High Plains RV Storage & Service facility proposed at 587 Weld County Road 7 (Case Number USR18-0125) The applicants proposed plans for fire department access and water supply for the meets the requirements of the fire department Formal approval and review will be conducted at the time the applicant submits plans to proceed with the actual development of the property The Fire District has no objection to the Special Use Permit for the property We appreciate being involved in the planning process Should you have any questions, please contact me at 303-772-0710 x 1121 Sincerely, ____ 6%, 0..\.Dol cc project file 1p03 18 19 www mvfpd org Selena Baltierra To: Subject: Kim Ogle RE: Warranty Deed From: Genes, Daniel <doenes@ball.com> Sent: Wednesday, April 10, 2019 10:47 AM To: Lilah Imes <lilah.imes@lefthandwater.org>; Chris Smith <chrissmith@lefthandwater.org>; Martin Harders <mharders@lefthandwater.org>; Kim Ogle <kogle@weldgov.com>; Steve Buckbee <sbuckbee@lefthandwater.org>; LuAnn Penfold (Ipenfold1101@gmail.com) <Ipenfold1101@gmail.com> Subject: Warranty Deed Importance: High Cautiio: 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. Hello everyone, I have attached the Warranty Deed, the letter from Fire Marshall LuAnn Penfold with Mountain View Fire and Rescue about fire prevention plans, also an as built set of drawings for the fire prevention water storage tank. Let me be clear, we DO NOT NEED a hydrant that is sourced from the 6" line that is on the East side of Weld County Road 7. That hydrant line is good for only about 650-700 GPM for residential hydrant service, which is not sufficient, per Darwin William's information. LuAnn Penfold stated I need an 8 " line that supplies 1500 GPM for a 2 hour fire per NFPA regulations. In my tap request availability form, in the area that says -"ANY OTHER INFORMATION RELEVANT TO YOUR APPLICATION", I wrote down that I am required to install a 100,000 gallon fire suppression tank and 2 hydrants on my property to meet Mountain View Fire's criteria. I am not asking Left Hand for the availability of 2 hydrants. I just added those notes stating I have already discussed this with the Fire Marshall and why I don't need hydrants from Left Hand. Anyone on this email, please chime in with any helpful information. Thank you, Danny Oenes This message and any enclosures are intended only for the addressee. Please notify the sender by email if you are not the intended recipient. If you are not the intended recipient, you may not use, copy, disclose, or distribute this message or its contents or enclosures to any other person and any such actions may be unlawful. Ball reserves the right to monitor and review all messages and enclosures sent to or from this email address. 1 Mar 15 2017 10 04AM CARTER & COMPANY SALES No 2397 P 2 After Recording Return to High Plains RV Storage & Service LLC a Colorado limited liability company 15104 St Paul Street Thornton CO 80602 WARRANTY DEED This Peed made Between Paul B Coates of the County Weld State of COLORADO, grantor(s) and High Plains RV Storage & Service LLC a Colorado limited liability company whose legal address is 15104 St Paul Street Thornton CO 80602 County of Weld, and State of COLORADO grantee wiTNESs That the grantor for and in the consideration of the sum of FIVE HUNDRED THOUSAND DOLLARS AND NO/100 S ($500,000 00) the receipt and sufficiency of which is hereby acknowledged has granted bargained sold and conveyed and by these presents does grant bargain sell convey and confirm unto the grantee their heirs and assigns forever all the real property together with Improvements It any situate lying and being In the County of Weld State of COLORADO described as follows See Exhibit A attached hereto and made a part hereof also known bystreet and number as S87 Weld County Road 7, Erie, CO TOGETHER with all and singular heredltaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions remainder and remainders rents issues and profits thereof, and all the estate, right title Interest, claim and demand whatsoever of the grantor either In law or equity, of in and to the above bargained premises with the heredltaments and appurtenances TO HAVE AND TO HOLD said premises above bargained and described with the appurtenances unto the grantee, his heirs and assigns forever And the grantor for himself his heirs and personal representatives does covenant grant, bargain and agree to and with the grantee his heirs and assigns that at the time of the ensealing and delivery of these presents he Is well seized of the premises above conveyed has good sure perfect, absolute and indefeasible estate of Inheritance in law, in fee simple, and has good right full power and lawful authority to grant bargain sell end convey the same in manner and farm as aforesaid and thatthe same are free and clear from all former and other grants bargains, sales liens taxes assessments, encumbrances and restrictions of whatever kind of nature so ever except for taxes for the current year a lien but not yet due and payable and these specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by buyer In accordance with section 81(litle Review) of the contract dated January 31 2017 between the parties The grantor shall and will WARRANT ANC] FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns against all and every person ar persons lawfully claiming the whole or any part thereof The singular number shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders Wdcorp ESCROW NO 450-aa4aa0B0 a41 MM.( Hi@ Mar 15 2017 10 04AM CARTER & COMPANY SALES No 2397 P 3 IN WITNESS WHEREOF the grantor has executed this on the date set forth above SELLER Paul B Coates STATE OF Cre1:117{ tSikn t A-- }ss COUNTY OF �/LU•-�f " S'.00, — The foregoing instrument was acknowledged subscnbed and sworn to before me by Paul B Coates Witness my hand and official seal ,1, /J y P otaryPub My Commission expires LUCO 1 -':•2 CommissionR#2113231 E +tt:L:'fr?! Notary Public California z x .19 .;,`!?� Riverside County ‘ M Comm. Expires Jun 23 2019 Mar 15 2017 10 04AM CARTER & COMPANY SALES No 2397 P 4 Exhibit A PARCEL I Lot A, Recorded Exemption No 1467-33-1 RE4435 as Recorded July 10, 2006 at Reception No 3401785, County of Weld, State of Colorado PARCEL II Lot 6, Block 1 The Haven at York Street, Filing No 4, 1`t Amendment, County of Adams, State of Colorado Mar 15 2017 10 05AM CARTER & COMPANY SALES No 2397 P 5 RE Commitment No 450 H0490050-042 MM4 AFFIDAVIT AND INDEMNITY AGREEMENT TO HERITAGE TITLE COMPANY, INC, a Colorado Corporation and Commonwealth Land Title Insurance Company a Nebraska Corporation 1 This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen s liens affecting the property for materials or labor furnished for construction and erection, repairs or Improvements contracted by or on behalf of the undersigned on property legally described as See Exhibit A attached hereto and made a part hereof Property Address 587 Weld County Road 7, Erie, CO 2 We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing 3 We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens flied or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us 4 We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge 5 We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance 6 We further represent that there are no unpaid charges and assessments that could result in a lien In favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above 7 We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc as settlement agent by the seller's/borrowers lender and are subject to confirmation upon tender of the payoff to the lender If the payoff figures are Inaccurate, we hereby agree to immediately pay any shortage(s) that may exist If applicable as disclosed or referred to on Schedule A of Commitment referenced above HE Comm [merit No 450.H04980860a2 MM4 HED LOW H AFFiNDEMLT Affidavit and indemnity Agreement Mar 15 2017 10 05AM CARTER & COMPANY SALES No 239/ P 6 RE Commitment No 450 H0498000 042 MM4 The undersigned aftlant(s) know the matters herein stated are true and indemnifies HERITAGE TITLE COMPANY, INC, a Colorado Corporation and Commonwealth Land Tltle Insurance Company, a Nebraska Corporation against loss, costs, damages and expenses of every kind incurred by it by reason of Its reliance on the statements made herein This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by Itself for any action thereon SELLER State of county of ntf as,_ The foregoing instrument was acknowledged subscribed, and sworn to before me by Paul B Coates (SEAL) -. -' ! aB LUG0 Commission ♦ 2113231 Wif2li Notary Pone California n ‘4s.:pJ Riverside County M7 Comm Ei Ires Jun 23 2019 AfHNOEMLT ATdavit and indemnity Ain emtnt } SS �„ /Ah. Klotary b G. My Commission Expire RE Commitment No 450-H0498080-042 MM4 IMO roan4 REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION Purpose The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes Refer to 39 14-102(4) Colorado Revised Statutes (C R S ) Requirements All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration This declaration must be completed and signed by the grantor (seller) or grantee (buyer) Refer to 39-14-102O)(a) C R S Penalty for Noncompliance Whenever a Real Property Transfer Declaration does not accompany the deed the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice the assessor may impose a penalty of $25 00 or 025% ( 00025) of the sale price whichever is greater This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property Is sold Refer to 39 14 102(1)(6) C R S Confidentiality The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer However it is only available to the seller if the seller filed the declaration Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law Refer to 39 5 121 5 C R S and 39 13 102(5)(c) C R S 1 Address or legal description of real property Please do not use P O Box numbers 587 Weld County Road 7 Erie, CO Parcel 1 Lot A Recorded Exemption No 1467-33-1 RE4435 recorded 7-10-2006 R#3401785 Weld County 2 Type of property purchased ❑ Single Family Residential ❑ Townhome O Conmium O Multi -Unit Res O Commercial ❑ Industrial O Agricultural O Mixed Use Vacant Land ❑ Other 3 Da e of Closings (1 K. Month —Day Date of Contract if Different than date of closing Month Day Year 4 Total sale price Including all real and personal property $500,000 00 5 Was any personal property included in the transaction9 Personal property would include but is not limited to carpeting drapes free standing appliances equipment inventory furniture If the personal property is not listed the entire Pkrphase price will be assumed to be for the real property as per 39 13 102 C R S O Yes Q'- No If yes approximate value $ Describe Escrow No 4)0 110498080 042 Mark Miller RPTRNSFRLT Real Property Transfer Declaration 6 Did the total sale price include a trade or exchange of additional real or personal property' If yes give the approxim a value of the goods or services as of the date of closing ❑ Yes No If yes value $ If yes does vs transaction involve a trade under IRS Code Section 10317 O Yes O No 7 as 100% interest in the real property purchased' Mark no if only a partial interest is being purchased Yes O No If no interest purchased 8 s this a transaction among related parties? Indicate whether the buyer or seller are related Related parties include pe o s within the same family business affiliates or affiliated corporations ❑ Yes No 9 Check any of the following that apply to he ondition of the improvements at the time of purchase ❑ New O Excellent O Good Average O Fair O Poor O Salvage If the property is financed please complete the fo owing 10 Total amount financed $ > EY9 04 I I d'ype of financing (Check all that apply) [CF�j New Assumed ❑ Seller ❑ Third Party ❑ Combination Explain 12 Terms Variable Starting interest rate % Fixed Interest rate tj % ength of time 3(7 years Balloon payment O Yes O No If yes amount $ Due date 13 Mark any that apply [Seller assisted down payments, 0 Seller concessions, Special terms or financing If marked, please specify For properties other than residential (Residential is defined as single family detached town homes apartments and condominiums) please complete questions 14 16 if applicable Otherwise skip to #17 to complete 14 Did the purchase price include a franchise or license fee' O Yes No If yes franchise or license fee value $ 15 Did the purchase price involve an installment land contract' O Yes No If yes date of contract 16 If this was a vacant land sale, as pn on -site inspection of the property conducted by the buyer prior to the closing' O Yes No Remarks Please include any additional information concerning the sale you may feel is important 17 Signed this Enter the day month and year have at least one of the parties to the transaction sign the document and include an address and a daytime phone number Please designate buyer or seller BUYER High Plains RV Stor ige & Service LLC, a Colorado limited h ibility comp my Signature of Grantee (Buyer) El 18 All Future correspondence (tax bills, property valuations, etc ) regarding this proptrty should be mailed to /WV :f Pi/ 5/reef Address (mailing) 17,w Af.,1 to /a -4 ,y A" /e57 City State and Zip Code 7,...262—Y-22-- ? 7 Daytime Phone MOUNTAIN VIEW FIRE RESCUE 3561 N Stagecoach Road Longmont, CO 80504 (303) 772-0710 FAX (303) 651-7702 March 22, 2019 Mr Kim Ogle Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Mr Ogle I have met with Mr Darnel Oenes regarding the High Plains RV Storage & Service facility proposed at 587 Weld County Road 7 (Case Number USR18-0125) The applicants proposed plans for fire department access and water supply for the meets the requirements of the fire department Formal approval and review will be conducted at the time the applicant submits plans to proceed with the actual development of the property The Fire District has no objection to the Special Use Permit for the property We appreciate being involved in the planning process Should you have any questions, please contact me at 303-772-0710 x 1121 Sincerely, CL 11/4,i, ..fl o LuAnn Penfold Fire Prevention Specialist cc project file Ip03 18 19 www mvfpd org EAVE & HURRICANE CLIP INSTALLATION ROOF PANEL/EAVE SEAL KIT INSTALLATION ROOF PANEL INSTALLATION ROOF PANEL INSTALLATION A O Zu I m \ a u Ex /(�1p Yu �J ( n L n� ' R a • �>t m LI 1 tl lu ti Y [ aw m © :2:— uru .0 © 9. a 10 9 a`A 6 IS 11 IL i� 2 2 T ' u / I nw u /i u'� Emc n ¢ e _ J u �uw qn oof '1 �N vu u ✓ m ue ry m w +[ u ns u 71: \ ��dWn�w, aWaMR R wtinmU��.W�. 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IRIlAO[PAXp®no[r == — =L.L 9241500 MI VIII I n MIS 207 MOOR 1NEIL Da 10 N9Y91 SLAM PIILA0 440W1WR 8/35 L IRIHLP 0164LL011 N633 j96'49 MAUL W44RSSII1 ESS ® WE EIWfWQ 9194 u0➢D NIISS 0R MR 9]155 RICTICt RINIIANEWLE 949949 LR11A➢OR AL Of ®161 W PLAT 6144$ V➢EGILIDD SWuseL IIr 91155 MI KR LIKCLILI DILL 9421. (HUMP NESS WY1T111G PJ XI 96,250 IWLI OLIO IPND IRx0 no. j �1 �n D r MECO E Y. `^ �. w u u• . a- WNiv O TO W 4 a TWA rra SOOTS WAST co up. noun I I Wit 'Mum Via. an ainii nil nail WEIN 101101111.1 wad MN. LIMA Si MY, la 111 BILL OF MATERIALS CIT PERMS IS/3S TO OUT W TEAT *ISM OOR Win e9 DCVO AKG Will 0 2 SE ANCILLOOLOISS SUMO Own N T 9949 60 LICIVIRSOW WILI12-04 w/vGASTELLI 0OR 5 94055C1 NO IT ROOF COMP o SIHMa5OM NM PE Y R x01 WOW OMI Nib w wow s 53 2733 9 05 IP GU) ae0 SE 0 2 9761551 INDENT TO P S394214 P16 IA ESIF 123 PI 4 El • I m SOFa n.. V / Y Ni Ls 344 /N / s 39 510 oox COM INTwwc WT 52134 STEEL FLOOR ASSEMBLY O Tic PALL S Ens COO RN C OC SE .7.11...74; C ISO lm RAST LAND 5 TL LT 0NA MO ET I OF S ZE FLOC ELL Res / Lie K/ a /LL MVO noL COI IC SECTION C C w iu or V Pro ILO IILIC IC )4 Mil OUIT• MI 'TIT Telt? LOC ¢/ma vo SECTION A A _farr...ry 514n' SECT ON B O MOE MORSE 5E01105 E E cw w�nuolunN A `uwu .a w ft PCS CFRPLA Y ex N SECTOR E E M0 SECTION TO OUTER SECTION FINAL W MCC MCI 4/ OLD INNER OLE FINAL LAP Bet NA � /K ¢1 Y1/w OW SECTION I I 1.03 [Seth 34 CPC 51{1 dia Llid Vb.! lair DC MT SECTION H H MID SECTION 10 OUTER SECTION LAP Kevin & Michelle Arrick 523 CR7 Erie, CO 80516 720-353-0075 kmarrick@msn.com 03/26/2019 Weld County Board of County Commissioners 1555 N. 17th Ave. Greeley, CO 80631 Dear Board of County Commissioners: I recently read your open letter regarding the impact of the signing of SB 19-181 and I was moved by your vocal outpouring of support for the oil and gas industry. I would like to thank you for your service to the community in which we live. Your letter, however, causes me to hope for that same level of support in denying the USR18-0125 that is before you today. As I sit at my kitchen table in our relatively new home, I look out my window and see beautiful green pastures springing to life and I am truly saddened by the prospect of that being replaced with 300 RV's and a 6000 square foot maintenance shop instead of one or two single family homes. In the last several years Kevin and I have completed several large-scale remodel projects on the property (set a new home on the property and properly demolished the older house). We now have what numerous friends and family call (and we agree) a "little slice of heaven". On more than one occasion we have had someone pulling into our driveway comment how lovely it is to live in the country, and that is even with the 500+ homes that have been built right up against our property line. This, I believe, will change drastically if instead of seeing pastures or more homes to the north of us, they see 300 RV's being stored and serviced. Not to mention the noise and light pollution that we will then have to live with. I do not believe that the approval of USR18-0125 would be beneficial to the existing right to farm - agricultural area that we call home. We are NOT, as we were called during the Planning session meeting, the junk yard of Weld County. We ARE a rural community that knows our neighbors, we ARE a community that waves to one another, a community that that has deep roots in Weld County. The neighbor to the west of the proposed facility is an established equine facility, the land to the south of the proposed facility is agricultural and is plowed, seeded and harvested every year. The neighbor to the north is indeed a rural self-proclaimed junk yard but that is screened as per the current county code and is not an affront to the people driving through the neighborhood. What he Board of County Commissioners 03/26/2019 Page 2 is not is an industrial facility, there are not people going in and out looking for parted out vehicles to salvage from 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 This statement taken directly from the applicant's USR application 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 " A 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 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 land use request is not fit for a commercial business Sincerely, Kevin & Michelle Arrick Selena Baltierra To: Subject: Chris Raimo RE: USR 18-0125 From: Chris Raimo <renacommunity@gmail.com> Sent: Tuesday, April 23, 2019 12:10 PM To: Selena Baltierra <sbaltierra@weldgov.com> Cc: Sherri Struble <srstrub@aol.com>; Kim Ogle <kogle@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Ashleigh Merritt <aeam05@icloud.com> Subject: USR 18-0125 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. Hello Selina, We would appreciate it if you could add the four attached petitions to the file for USR 18-0125 that is scheduled for the hearing before the County Commissioners tomorrow, Wednesday, April 24th. Thank you for your assistance. Have a wonderful afternoon. Sincerely, Chris Raimo Secretary, RENA (303) 919-5184 1 Ranch Eggs Area PETITION About the RV Storage Facility There is a proposal before the Weld County Commissioners to grant a USR in our neighborhood to build an RV storage facility of 9 acres right on CR 7, and it is set to be decided by the commissioners on April 24 in a meeting that starts at 10 AM Not everybody is going to be able to attend this daytime meeting, and this petition will give all residents of the neighborhood an opportunity to "cast a vote" about putting this facility in our midst There are several main objections to this proposed facility 1 The majority of landowners in our neighborhood live here, and it is still a rural residential and agricultural area, and there is no indication how this will be of any benefit to existing residences 2 This type of RV Storage is more commonly seen in industnal settings, or in more remote fields, not nestled among a lot of peoples' homes, it is quite inconsistent with the theme of the neighborhood We would like to implore the County Commissioners to consider our concerns to protect the homes and values and character of our neighborhood, and the 50+ homes that are already here (How they would like a facility like this forced upon their own neighborhoods!) Circle one t, tOPPOSE& IN FAVOR OF IT DON'T CARE EITHER WAY Address e cLicCP7 Your Name Ci\irl> (A ()ON r i __,7„,Comments I O J m cALin i( X i C _Date 1-1 I ! (6 t I GI ) i -r Circle one OPPOSED - IN FAVOR OF IT DON'T CARE EITHER WAY i ./C Address ' t— I Your Name .01 r' k 1c , ' Comments Date (r. / l 5716 ( Circle one • OPP5)!S9 IN FAVOR OF IT DON'T CARE EITHER WAY Address 5 U 5 C i& ` Your Name I ) Comments Fi 0 J J "7 �r> +fy Date / / 1 J i / S hr 4-10-19 i 13 Address Ranch Eggs Area PETITION About the RV Storage Facility Circle one PPQ OSED IN FAVOR OF IT DON'T CARE EITHER WAY 6-173 14A1 a Your Name1466-tI (� &Qn .tai 4 y7 -a-r(, Comments PCrh D tin F}D rc2 A -re Pc,2. ADDL:0 Date -3Drt Circle one '. OPPOSED' IN FAVOR OF IT DON'T CARE EITHER WAY Address )1 I 1 J C", Your Name lie n i Comments rs_Date JI'S_ J Circle one Address COPPOSED ' IN FAVOR OF IT DON'T CARE EITHER WAY 9°1 CR11- frC co Your Name l '1�Yl-ivy( Comments Date t ( q/' c) Circle one /OPPOSED ' IN FAVOR OF IT DON'T CARE EITHER WAY Address 4— Stitt Ct ( IL —I 5)2:j - Your Name OAdam' ,S -h L&C4' Comments Date L I Circle one r' APPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address cr.i.La 2 y d2cAlb Your Name SSn,1J bAv E Comments MIK ScrK0- -i-Y Accc6-i Y ©' k. QG4ior r /2$H Dic�c- Date Ranch Eggs Area PETITION About the RV Storage Facility Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address .i Your Name 3v, 3 tr—'-4 /-ta LC - F Comments1-1 Date ILL I I- ! T /WO / F"!c( J/ b-sitct eie ✓•-IICL /-•t ,! 44 .. /LG4.1C. Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address 2yl,, (,ot')a/' ( "I ,e, r r, -e Co Your Name (�� 5 ,vetCL'Ir �acn r, (��I-L., rl ,.c-ni'�ee nt�r J Comments (11n{- ¢ Ror,d hi + r- OP! YU?in! Lorlqnnr/ v _Date Circle one �1 L1J Address ., r LrArnirrR Your Name CA tip r lvi Cru, Comments f dc) Y1 ' rtia Date //_ f Lc -1_ ( y Circle one i OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY i rt i L"r7 fiR'!2,, OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address �7c74. (' l 1'i1 Your Name Sely 1 Y) CAR Comments j AP "I\r. l -ti , 4. _Date ____ Circle one Address 50 (n x.. SlC S Get r: -u cJ OPPOSED y IN FAVOR OF IT DON'T CARE EITHER WAY w93:cf C4, -(J-24 re? /A R— Uzi co S'v Si C Your Name V\r \4'qv\ (kvi (•�- ( J Comments N) P In1, i ^, Mken l - _Date tie 1. 4 Ranch Eggs Area Circle one Address Your Name Gcq,h Frisk Comments PETITION About the RV Storage Facility D IN FAVOR OF IT DON'T CARE EITHER WAY 33`06 GCS L _Date zi( Z3` E Circle one Address IN FAVOR OF IT ,3`1/ Your Name _ Comments Date `-112/(44. An DON'T CARE EITHER WAY Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address 3l`t8 coca 12D ,e -co 57'x4 Your Name `/4a-vl d 1 2 FC rC,v Comments Date 4/- eL3 lA? 9 Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name Comments Date Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name Comments Date Ranch Eggs Area PETITION About the RV Storage Facility Circle one (OPPOSE IN FAVOR OF IT DON'T CARE EITHER WAY Address alt G d `t ` EYi e C D r9 rib Your Name G�G( j l"i!/I L ` l Comments Date Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address 3148 Cv-uny f. o a d `- En e, CO So// Your Name G f cry S Comments Date 4/. PP Circle one IN FAVOR OF IT DON'T CARE EITHER WAY Ene., CO `BOSIC& Address COun 1 y QOGIC. 1-1 Your Name W 1 I\ 5s(1 omns Comments Date Circle one PPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address 3 LI8 CQ.rj-y M 66 e- Co 6octc0 Your Name '3 c\ey Comments Date Li- eV- I Circle one 1PPOSED % IN FAVOR OF IT Addre�—�A I , t 3 4 �i _T�,�— P -S" DON'T CARE EITHER WAY Your Name J1a VI / oN S Comments sr'' 1 Date 7—�-� — 1c' Ranch Eggs Area PETITION About the RV Storage Facility Circle one (OPPOSED I IN FAVOR OF IT DON'T CARE EITHER WAY Address 33 3 kNs L Your Name C \fl 541 V‘At, CAn,u S Comments (A.Cr 1 9rPJ� r (CV L._04- 1 1� b �' 0_41 `.lU— 1 Date Circle one Address IN FAVOR OF IT DON'T CARE EITHER WAY Your Name _ Comments _Date _ _ _ = Z2 _— 1 Circle one �� IN FAVOR OF IT DON'T CARE EITHER WAY PPOSED Address 3S G q GP, Your Name M a UV U si Comments MI AC CU r A-ousn \ ao (c_ `l`l `q Sh j Date - to, Circle one PPOSE IN FAVOR OF IT DON'T CARE EITHER WAY Address 3 ? % l CA LI Your Name v✓. r ly Alt Comments � ((� Date O I Circle one IN FAVOR OF IT DON'T CARE EITHER WAY Address 361 ItS (1) rd 4 Your Name (II I (�1 Comments 0 t) Comments ,it)(( dim ctweea _1-11:4_q_ J _Date Ranch Eggs Area PETITION About the RV Storage Facility Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address S 1 5 A../ I,} L0U v\ ih Your Name Gt o tit C L\ VI (A DA_ Comments kJO Lt,tS)Qv\es 6L,roum" d'o,se _Date _L11l4, �_toi I —� Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY r p Address <0 r, k' `,-I P m rn / 17_,--1 i P12-4 C rc �' o 5 I L f Your Name /lf�r,„�,.,,-k' s',A I r Comments \ \--1-- c1 ro-A (11 --flu- tcy_.4)1, ti\c\S GT i r cpr.u,1 O -- Date 41 t Lt C. • Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address e.:7-4 t I 1_,V, -1 t:"Csyhti1 J 1`=l 'r c?4 C `, '' c' 5 f C 1 Your Name 'f Co i''t 1 IC(/LL vt Comments -IL r( i'i vue r,LA,t, }'L c,SI ,1 t v SL CvLCQL(\ .,C) Date Circle one Lir tLI IN FAVOR OF IT DON'T CARE EITHER WAY Address 5�6"i Gro•,45j /-P 7 Your Name ,."yso 1 l it mart Comments / 4/5 JS 4 /es41/N-9r@er /va AN c',exsOS Date __q// 2oi Circle one OPPOSE IN FAVOR OF IT DON'T CARE EITHER WAY Address .c71I Your Name Comments Date C-1,1",5 Co,_e C ec %r ST' v5/ts."-- Ranch Eggs Area PETITION About the RV Storage Facthty Circle one ( OPPOSED ) IN FAVOR OF IT DON'T CARE EITHER WAY Address / 3 Lo e7/ ( �. Er, c CO ro.Si.; P Your Name ( r yc 1( C-eo(j2 C ) Comments Date c 7o (9 Circle one C OPPOSED 3 IN FAVOR OF IT DON'T CARE EITHER WAY Address 32 63 L- a W Qk\ l o— L LG c -4:0 5k‘ t 6 Your Name Comments Date 4— 7 c, — Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address 3110 ,)oinnSor. LGri-c— Your Name Comments Date H-kc v \4f-1Oe_ I LoVc--- fly vi -cu ) Dovn-- I a IG,G Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address 3ItO ,lv4\r bOY\ I[An e. Your Name CpmkJ I -the Comments Date 1.4 2O " 27o I) Circle one jOJPPOSED /, IN FAVOR OF IT /�, DON'T CARE EITHER WAY Address �II U ��`1��ok) L�v/ e % Your Name //CAUL l I"""' Comments Poo '4 t fl our Date Li —10 —Z o/, Ranch Ec qs Area PETITION About the RV Storage Faclhty Circle one OPPOSE > IN FAVOR OF IT DON'T CARE EITHER WAY Address 3 t(/t �- Your Name 1C,/,(� t-(c=1�J e Comments T1,J.5 Li/ 1/ C)e-54-COy �`/t evU!EO OCY _Date y `ZO—t — — Circle one OPPOS = IN FAVOR OF IT DON'T CARE EITHER WAY Address /3\ in Tr�ftV. ' ( ti (-v.-- Your Name )ln_-emG k \-le.6231 Comments `-C(q`^) t , t OV1 nl (J j 4kro_ 1nA-L_ U 1- O( Our (' Ct,,,w o n, Date Circle one Address ,?0 17S` atuz- r>oe, Your Name Ii L .zecc. 6; OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Comments JJ+(, IJALJ 1-6-2t--Lzi Date 4£ — Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Flo /73 - Your Name Comments .tom Lin - Date Circle one 'j a o- Iq IN FAVOR OF IT DON'T CARE EITHER WAY Address X161\ 1f1 C,=" Ave- Fr, t f.4 Your Name )A0 fps 11-,(‹s u-, A Comments Date L1- Z 0 "AR Ranch Eglcs Area Circle one OPPOSED PETITION About the RV Stor ace Facolotd IN FAVOR OF IT DON'T CARE EITHER WAY Address 5,23 At7l r,%� R o 1- ( 'C o ch er L a Your Name I l e__V e 1,0 4 -KR vi�t Comments 5 15 CA. Re5cainGj_J negipoorlrucOct _Date _ 41(204,)!Lt Circle one OPPOSEi� IN FAVOR OF ITDON'T CARE EITHER WAY Address ;76 an /755 AverElf 1 , i_i o. 9 os 7 Your Name fLDheA/c e A < J3 ic. KL R Comments (di' -L Ivor �',' r l K. (41-4 -re iv&t h %nh good, Date —fgo—L9 Circle one ( OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address 523 r- c n, astit, t Your Name Kt, v n Ru r Comments Kr o ° { Date 'l - ZJ - Circle one Address /��' C01.44 Ly �t� 7 Cr-: (7,e �� ,SGS ,1 1t) /l -U7 Cl St) a CC G �y 7.,i tS 2S A Pcctram rc>L /9 cb4 < v(cQ 4,9M6G Pctm PPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Your Name Comments _Date � U/ / Circle one Address Your Name ----D-0\-‘ IA a ailS0.lO I Comments — 9n��'acxQ IN FAVOR OF IT DON'T CARE EITHER WAY spy CouvJcy R.A % &(/ , cO flcic Date Ranch Eggs Area Circle one Address Your Name Comments Date Circle one PPOSED rtt PETITION About the RV Storage Fatality IN FAVOR OF IT DON'T CARE EITHER WAY N Na l� i).-1 9 D t ? i 41"- E C c� 4 -zz- 1 OPPOSED Address ,Z'I O n54. At Your Name ?eboz ci -i rmcr Comments Txb a t I'1 * cat* IN FAVOR OF IT e1e_ DON'T CARE EITHER WAY 11 C'_1 41�7 ei t' rlt, hc''J _Date _ Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name Comments Date Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name Comments Date Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name _ Comments Date Address Ranch Eggs Area PETITION About the RV Storage Facility There is a proposal before the Weld County Commissioners to grant a USR in our neighborhood to build an RV storage facility of 9 acres right on CR 7, and it is set to be decided by the commissioners on April 24 in a meeting that starts at 10 AM Not everybody is going to be able to attend this daytime meeting, and this petition will give all residents of the neighborhood an opportunity to 'cast a vote" about putting this facility in our midst There are several main objections to this proposed facility 1 The majority of landowners in our neighborhood live here, and it is still a rural residential and agricultural area, and there is no indication how this will be of any benefit to existing residences 2 This type of RV Storage is more commonly seen in industrial settings, or in more remote fields, not nestled among a lot of peoples' homes, it is quite inconsistent with the theme of the neighborhood We would like to implore the County Commissioners to consider our concerns to protect the homes and values and character of our neighborhood, and the 50+ homes that are already here (How they would like a facility like this forced upon their own neighborhoodsi) Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY (o S v S/, eq L Your Name `c /,ty 4 _ L Comments } ,4 j t-ta_z,tP ;J e'LC‘c-AL/ _Date 11 L / / Circle one C -----)OPPOSED FAVOR UOF IIT- DON'T CARE EITHER WAY Address It /g 8 LJ cR I c 1QI E go.S M2 Your Name I T ICbQe ( SQA Lje4q zr Comments q _Date _ _(-IM L r Circle oneOPPPO�OSED � IN FAVOR OF T DON'T CARE EITHER WAY ,1 // Address 3��11--s. I ' J ti /9 t CO SkYik Your Name I�L t ` i dkU r Comments _Date _9,, ZJ L hr 4-10-19 Ranch Eggs Area PETITION About the RV Storage Facility Circle one PO IN FAVOR OF IT DON'T CARE EITHER WAY Address 92-3 2--g 7 Your Name >a' Comments Date ��2-1 /ZI/ Circle one Address OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Your Name Comments _Date _ 102.02CW Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY 6 Address S23 0oi,wr Er 7 Your Name \ 4%uF5 4 Gettig IGW5 Comments XT aoiri /friGipOcheana.-14x05 _Date _ yh.[L 1 Circle one Address eC au %'� �\_} l2 of 7 ) b,e fr, 12-09-(' r5 Your Name Comments Date IN FAVOR OF IT DON'T CARE EITHER WAY Circle one OPPOSE' IN FAVOR OF IT DON'T CARE EITHER WAY Address .Z, (,ovnkV rl 1 00\ �/�/� `p Your Name I *t t J\ (1t6G-J3 Comments Date Ranch Eggs Area PETITION About the RV Storage Facility Circle one IN FAVOR OF IT DON'T CARE EITHER WAY Address g23 C 3urck .\ (onA , €rye. CD, 05lb Your Name f otatke_, P\00ieXs Comments Date 4/2i I i 1 Circle one O•POSED IN FAVOR OF IT DON'T CARE EITHER WAY Address C79 C .i-Q. na f 7 Your Name IT(1 n n <-7 n /1- I r Q :el 5 r7fComments r n \-� r C C`-�' Circle one OP•OSEED IN FAVOR OF IT DON'T CARE EITHER WAY (� Address ? 7 �( ,r 1 1 1'i! V /<CCd Your Name 6 L to I(TM /T / ' / 17'S -k:..�v,r�� //I/ fri,G411-- c) \ Comments 4"l 1, t 5 L/ t C 1 'im 7— I G 0 CP.S Date jj .1 i - l Circle one OPPOSED 9 IN FAVOR OF IT DON'T CARE EITHER WAY Address R% Z roe ) l 'H t �� Your Name l)1 ; n In Gt ( r \ ( i / a /A i 1/1-e''tv Comments 17,o t l l'U( l `t - (i Al 111 U d1 beiS//L( (C-1- 4 A i a i c) +P Date q -41-1c1 Circle one Address 2-1C,31 175t4 kite IN FAVOR OF IT DON'T CARE EITHER WAY Your Name I rat i S (ito+lh Comments Date - 22-- 201-1---1 } Ranch Eggs Area PETITION About the RV Storage Facility Circle one (OPPOSED ' IN FAVOR OF IT DON'T CARE EITHER WAY Address ( c- =1 > Your Name T-)F'nj7-s I Ls c,),C % J 2 Comments Al �` �i� i�C' )- � .va'c-, Date ` 2 :"(C1 Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name _ Comments Date Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name Comments Date Circle one Address OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Your Name _ Comments Date Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name _ Comments _ Date Ranch Eggs Area PETITION About the RV Storage Facility There is a proposal before the Weld County Commissioners to grant a USR in our neighborhood to build an RV storage facility of 9 acres right on CR 7, and it is set to be decided by the commissioners on April 24 in a meeting that starts at 10 AM Not everybody is going to be able to attend this daytime meeting, and this petition will give all residents of the neighborhood an opportunity to "cast a vote" about putting this facility in our midst There are several main objections to this proposed facility 1 The majority of landowners in our neighborhood live here, and it is still a rural residential and agricultural area, and there is no indication how this will be of any benefit to existing residences 2 This type of RV Storage is more commonly seen in industrial settings, or in more remote fields, not nestled among a lot of peoples' homes, it is quite inconsistent with the theme of the neighborhood We would like to implore the County Commissioners to consider our concerns to protect the homes and values and character of our neighborhood, and the 50+ homes that are already here (How they would like a facility like this forced upon their own neighborhoodsi) Circle one Address Your Name Comments Date OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY %�Jl9 U eSo�v,_soi� L �� ri P i�t7 /S i-` 1(G Mia-t+1(\euu \(,k(I( Per/ Circle one OPPOSE // IN FAVOR OF IT DON'T CARE EITHER WAY Address 3/ ‘-/ 8AR S, n 4/ ` A. € <c' ,5)05 -/(--- Your Name Comments Date Circle one t �/ /a n of 7/ G /: / C -S --e .! (OPPOSED> IN FAVOR OF IT DON'T CARE EITHER WAY Address 33 (, / o Aic$oj Your Name <1ch9rfry/ucst3 Comments �ft, S / S ..)1-015 %E- Cv /de/C/41/-4d Date __ .Sr,/ f?T ;20( hr 4-10-19 Ranch Eggs Area PETITION About the RV Storage Facility Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address ??) Js,/insO✓I? Lime Your Name y/e/ LGIcziS Comments /t ' AIdL! &,asd Date de/7/ /�F 2O/% Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address 3a.(el Sdmrson Lv1 Your Name RC�.A.i4 La. nl.* cfulP5 AlCY\& I'Vt, l kente Comments Ja-r(-3 much okspcecci 'li\tcci.O whir ct \e1ieC *D c 90 e 4c.S C004"15' -h Date )tr! J 15 6.619 Circle one Address Your Name Ae LE NC co d k, IN FAVOR OF IT DON'T CARE EITHER WAY 3Q13 ,-o<ucLL LANE" Comments OPPOsa 772 771/5 COAT/No) 70 _Date ___-AMUL6T 070/3 Circle one Address enie NEI AI/8,)R //00) OPPOSED > IN FAVOR OF IT DON'T CARE EITHER WAY Z-10 c L.1 Sw takc_ Your Name TC) hY S -4-r u..1.0 le Comments O p PO rte` i o Lk i Date Circle one IN FAVOR OF IT DON'T CARE EITHER WAY Address aaxo --,\ _ o n son Li I Your Name C\1,C4'-1 o e £$r a Cke Comments V. I YVI.v C\ O p p CAS e i k t S cLe O - Date Li - 16 _ )C air I`I ei91.i3oNOacj OPPOSED Ranch Eggs Area PETITION About the RV Storage Facility Circle one Address Your Name Comments OPPOSED 30hn5c7n /at IN FAVOR OF IT n tI ae x Gt c zgcci 'Jo Circle one Address DON'T CARE EITHER WAY ]O``PPOSED ((I� IN FAVOR OF IT DON'T CARE EITHER WAY Your Name Comments Circle one Address IN FAVOR OF IT Joh;a6o,i LQn C DON'T CARE EITHER WAY Your Name a r c -I, n H a A s earl - 9e -voce -2 yG- -- J Comments f\10p x is -4, O/y Circle one IN FAVOR OF IT Address JKg JD hneC'n Cow Your Name ICJ ( ) G}^ Comments ND DON'T CARE EITHER WAY yJ/s/mac,/2 Circle one t`. OPPOSED Address 33Ei JD/111545A La'.4 Your Name ill, E Comments 1\7 IN FAVOR OF IT Co51,6 DON'T CARE EITHER WAY C_h/I /it Ranch Eggs Area Circle one Address OPPOSED PETITION About the RV Storage Facility IN FAVOR OF IT DON'T CARE EITHER WAY 3L Pt ert--, co oc c Your Name l Jk LL'le jad, Comments Circle one Address Your Namer-cr6k-u \ Log/A Comments Ce. \ Ni D i l C OPPOSE QQ1 Qa\ 1Q01 4/ ---54,0504 afroHt k 4 7°A INf FAVOR OF IT (Pfj•p "EV, (' DON'T CARE EITHER WAY Circle one 7 --OPPOSE � IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name Comments (ail/ 4 %l Circle one OPPOrafTh IN FAVOR OF IT DON'T CARE EITHER WAY Address 2&/3 ,/ci1e/L (c -,QC. &Rra £9' For/co Your Name Comments ?ills/ad/7 — No --- Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address3 2 )q& CbORA-1 kR6 'A 62C ic.o Ea5((67 Your Name Li e(cc I (oru5C V - 1 Comments 6 — l (J +flQCe } 3 `exk UG Q • 7a'QA lei \I'rt J Ranch Eggs Area PETITION About the RV Storage Facility There is a proposal before the Weld County Commissioners to grant a USR in our neighborhood to build an RV storage facility of 9 acres right on CR 7, and it is set to be decided by the commissioners on April 24 in a meeting that starts at 10 AM Not everybody is going to be able to attend this daytime meeting, and this petition will give all residents of the neighborhood an opportunity to "cast a vote" about putting this facility in our midst There are several main objections to this proposed facility 1 The majority of landowners in our neighborhood live here, and it is still a rural residential and agricultural area, and there is no indication how this will be of any benefit to existing residences 2 This type of RV Storage is more commonly seen in industnal settings, or in more remote fields, not nestled among a lot of peoples' homes, it is quite inconsistent with the theme of the neighborhood We would like to implore the County Commissioners to consider our concerns to protect the homes and values and character of our neighborhood, and the 50+ homes that are already here (How they would like a facility like this forced upon their own neighborhoods') Circle on r OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Nart Comme -/e5 Nibi06-47/E Ze / 9 /t1Fii)>gj- /?/ Date Circle one �WAY Address OPPOSED IN FAVOR OF IT pON'T CARE EITHER 391 �o .�soji LN 6-6r LJ f S/z Your Name Comments Date '5' ado' £4IIeDEN /OD ,/IJo,/'Jo §51.,2D1 Circle one OPPOSED ��") IN FAVOR OF IT DON'T CARE EITHER WAY Address /o ,johns6-?? 6-?? Er'7 c BC1s--76, ti gal refe}.0 Your Name Comments A/0 Date hr 4-10-19 Ranch Eggs Area PETITION Circle one PPO ES D Address Your Name Comments Date al About the RV Storage Facility IN FAVOR OF IT DON'T CARE EITHER WAY icnt 1/2 Alet W t it -to ---n 1 ./i14. Q ✓2/.l hdl'liJ Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address ('n S -1-I WC`s Your Name+\\\QCC3rN \\A C( \ - Comments*---- (\eye5 Date L1 , P1 Circle one Address Your Name Comments Date Circle one Address w\ tc r3 tf\ OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY 3 t20�,e 71/\ e rr cd 17 Ito t et -2>retc,--.2( COPPOSED) IN FAVOR OF IT DON'T CARE EITHER WAY G r1 CU T-, Ru D Your Name I yr/I,.r—. sett, Comments 1bc5 roof R, qtr- ,w ch."? r � Date et --/a7— X15_ Circle one Ct PPOSEj IN FAVOR OF IT Address '9/s/ tilt/( dotiochRootol 7 Your Name dATIS ?QMno DON'T CARE EITHER WAY Comments lAIS 7,67yr/7ZGL /,bll4Citudi is fie COYIttfti /A/YCh HIGt /t�tl h cell d _Date 171 q O Ranch Eggs Area Circle one Address PETITION About the RV Storage Facility OPPP E IN FAVOR OF IT DON'T CARE EITHER WAY 3 �Il Oil{ er1. n-ua bleu CO ' & f (o Your Name Comments (gfir“ f Q4 `" Date Circle one OPPOSE IN FAVOR OF IT DON'T CARE EITHER WAY Address 3{3 q 3 t,.3 ( /c c( 6 Your Name roc., n t J) au) 2S Comments /i/ ca r r aittc d-rr ` G v -e ( ) 4- m a -a _Date __9A 71( Circle one C OPPOSED _) IN FAVOR OF IT DON'T CARE EITHER WAY Address 9/tr 7 Your Name Comments l e _Date 5 1 % // 2 Circle one OPPOSED IN FAVOR OF IT awl Address Your Name Comments Date tfit/L? DON'T CARE EITHER WAY F yy eO- 7 e0 eari‘ Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name Comments /W1,-e-L-nq 2O r _Date _z/zir Cv • dc-fq e,t,21,c ,tile CenivouT Ranch Eggs Area PETITION About the RV Storage Facility Circle one OPP SE IN FAVOR OF IT DON'T CARE EITHER WAY Address 3 AI0 Soles dcw1 i ) ont Your NameAAarin S+y- u tom. Comments S4rm9) v Of pied Date -Ur. ) 9_ Circle one OPPOS IN FAVOR OF IT DON'T CARE EITHER WAY Address 1O --ye ansvr Lan z✓ Your Name (Yl i, ch,tci cNhie Comments OQ.iCSc$ Date Li'/C—/ ¶ Circle one PIS IN FAVOR OF IT DON'T CARE EITHER WAY Address 3aW �i3{ iscn LtA ale! (0 gt51p Your Name v"t, AMCIVCIAL9 Comments WS610 Date 1) 121 1 U" Circle one Address _ Your Name 1 Comments PPOSE IN FAVOR OF IT \r)A w 7�, DON'T CARE EITHER WAY _Date I. -----c Circle one OPPOSED) IN FAVOR OF IT DON'T CARE EITHER WAY Address 3 II J oVNr\S',' LA. €.-v\ t co Your Name ,� J San -3s(z1,lo r o Comments GI2?0, L -6k _Date 60+ Ranch Eggs Area PETITION About the RV Storage Facility Circle one Address Your Name _ Comments Date I PP�� EDP I:1 -✓C1_' IN FAVOR OF IT Er v Zrr'(`f i DON'T CARE EITHER WAY &if 1: Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address -?3 c -l' 5? /u'C C1 G N f] O ke Your Name 1Tkv1-€ LT— / t Comments C3 &_ �L/r... l br , LPrh 4 -mil; atm TJti',,p' l `r itt.c _Date 12 z // f Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name _ Comments _ Date Circle one OPPOSED IN FAVOR OF IT DON T CARE EITHER WAY Address Your Name Comments Date Circle one OPPOSED IN FAVOR OF IT DON'T CARE EITHER WAY Address Your Name _ Comments _ Date THE FARMERS RESERVOIR AND IRRIGATION COMPANY 80 South 27th Avenue a Brighton, Colorado 80601 Telephone: 303-659-7373 ® FAX: 303-659-6077 April 23, 2019 Sent via E -Mail to kogle@weldgov.com Weld County Planning Department Attn: Kim Ogle 1555 N 17th Avenue Greeley, CO 80631 RE: High Plains RV Storage and Service, LLC Use by Special Review - USR18-0125 Dear Mr. Ogle, We have been contacted by our one of our Shareholders regarding the High Plains RV Storage and Service, LLC ("High Plains"), Use by Special Review Application (USR1R-O125), that is planned to go before the Weld County Commissioners on April 24, 2019. As Shareholders of FRICO, we are supporting them to help protect their interests and their ability to receive water from FRICO for irrigation. It is our understanding that the stormwater from High Plains will discharge into a shareholder lateral that has historically received no significant stormwater inflows in the past. After review of the USR, FRICO requests this project not be allowed to move forward as designed as it has the potential to impact shareholder deliveries from FRICO. Downgradiant landowners have a legal right as against changes to adjacent property when those changes will result in runoff "sent down in manner or quantity to do more harm than formerly." Hankins v. Borland, 431 P,2d 1007, 1010 (Colo. 1967). Increased storm water flows into the Shareholders lateral is a nuisance to the Shareholders because Defendants' Project places an unreasonable burden on them to manage Defendants' storm water runoff, increased maintenance to protect the lateral from erosion and also serves to reduce the capacity of the lateral ditch available to deliver its own water. Before approving this USR, FRICO's requests that you re-evaluate the drainage to protect the properties and Shareholders' to the east of WCR 7, Regards, &fe_04-att--,6 idAl Scott Edgar General Manager Good morning/afternoon Counsel (or whomever), April 23, 2n!9 My name is Bradley S. Howe and I am the owner of the property located on the corner of CR 7 and 3083 Lowell Lane with direct line of sight to the proposed RV storage site. I purchased this property a few years ago with plans to make the property my permanent residence with horses and other pets for my kid's enjoyment. I have also made a significant investment in property improvements; approved health department plans for septic and engineer approved plans to build a custom luxury 2 -story ranch style home at this location. However, I have halted any further investment to obtain building permits and start any construction of my home due to the proposed RV storage project posing potentially problematic issues having the likely potential to decrease the value and security of my property as follows: 1) The lighting of the RV Storage will be in direct line of sight from my property and will be an intrusive inconvenience and devalue the future equity or re -sale value of my property. 2) The RV storage project poses to bring potentially undesirable tenants to the area, increased traffic and diminish the safety for my children and the existing families with children that currently enjoy a safe and friendly neighborhood. 3) The RV storage poses to increase the potential for crime in our neighborhood as the RV storage facilities are often targets for theft, vandalism and bring even more undesirable persons they may also see other opportunities for theft to my property and other residents in the area. Therefore, for the reasons above and those reasons given by others in our community 1 am strongly opposed to the RV storage project moving forward and respectfully object to the approval to build. Thank you for hearing my concerns. Sincerely, Bradley S. Howe Property Owner 3083 Lowell Lane Incompatible with Weld County Comprehensive Plan and Development Goals and Policies Standards for Us* sy Special Review Section 23-230.B - The Board shall approve the Special Review Permit only if it finds that the applicant has demonstrated each and every one of the following criteria: ® That the proposal is consistent with in Chapter 22 and any other applicable code provisions or ordinances in effect. • That the proposal is consistent with the intent of the district in which the USE is located. That the USES which would be permitted will be compatible with the existing surrounding land USES. ® 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... ® That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed use. O That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. Chapter 22 of the Weld County Code * Sec. 22-2-20. - Agriculture goals and policies. • Policy 2.2. 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. • Policy 5.1. Recognize that viable agricultural operations can function on small acreages. • Policy 6.2. Support opportunities, such as but not limited to hobby farming and home businesses, to supplement family income and reduce living expenses for farm families and others who prefer a rural lifestyle. Chapter 22 of the Weld County Code Sep. 22-2-20. It r g Is policies. Policy 3.3e Land use regulations should consider the traditional and future operational viability of water -delivery infrastructure when applications for proposed land use changes are considered. Policy 9.1. Employ consistency and fairness in the application of the principles of this Comprehensive Plan to help reduce conflicts between the residents, the County, the municipalities and the varying land uses. Chapter 22 of the Weld County Code s Sec. 22-2-100. - Commercial development goals and policies. • Policy 1.2. Encourage new commercial development within existing commercial areas. Policy L3. Neighborhood commercial uses should be allowed in residential areas. These commercial uses should consist only of neighborhood -oriented businesses. Commercial uses that service a greater area than the neighborhood and create an undesirable impact, such as increased vehicular traffic, are not considered appropriate in residential neighborhoods. Chapter 22 of the Weld County Code • Sec. 22-2-80. — Industrial development goals and policies. • Policy 1.2. Encourage new industrial development within existing industrial areas. • Policy 4.1. New development should pay for the additional costs associated with those services directly impacted by the new industrial development. • Policy 5.1. Industrial uses should be evaluated using criteria, including but not limited to the effect the industry would have on air and water quality, natural drainage ways, soil properties and natural patterns and suitability of the land. Inconsistent with Current Zoning Code and Future Development in the Community Weld County Ordinance 2019 2 * Proposed Changes to Zoning Code — Makes clear that the proposed use was never intended to be in Agricultural Zone, and will never be allowed in the future. • The goals of this amendment are to encourage development in the zoning district appropriate for the type of development and promote compatible uses within zoning districts, while updating the zoning code for clarity where necessary. — Memorandum from Jim Flesher, Long -Range Planner to Planning Commission • The Planning Commission unanimously recommended approval of the changes at its meeting on march 19, 2O19. First reading of the Commissioners will be April 29, 2O19. Zoning Code Table — Summary of Changes r nt od Al tiV Urn - :A - wbdwWpns (after 9961) Ag row mitts )CtC•1961) C.1 C-7 C-1 r-1 I.1 1-2 sa. R -t N.7 R.-1 RN. .Iii CAR WAShES(new definitionI& gal lacuna USE -PR' SPR• SPA :ek SPR -SPA SPA WHOLESALE TRADE ESTABLISHMENTS - 51'R SPR` - - - CONTRACTOR'S511OPS 20 ZP' 2P• SPA` SPA" sr SPA' SPR r: SPA" - .-pj LUMBERYARDS/WOODWORKING Mee nen definition.) USR LISP' SPA 1T'ie _ SPA' SPA' -'=_PS• VEHICLE RENTAL& SALES ESTASUSHMENTS it'll' SPi[ F=;i` SFR' - - VEHICLE SERVICE/REPAIR ESTABUSHMEUTS l.PFL• 5?,. SPA iSPR rR a REPAIRSERVICE ESTABLISHMENT USA USR USA 5PR SPR ,L. SPA SPA 5PR -a TRAN5tOA0ING(Revied definition' USA U;R' USA :.::A' SPA• SPA - — Son __a DISTRIBUTION CENT ERS(formerly WarehouclM and itemise facilities) Mewdtlenifnnl ,'F. SFR' SPA' -SPA :s Transportation headquarters (taxi, bus, oenet) SFR' SPR•.. 'Pn' COMMERCIAL VEHICLES, pathng OF(See 23-a-50 for Ai L' 4.1 Della ;bon does not setfada farm lfu[Ys. (Rev.sad llefl0lfian! ' 'per lOt ACCZP leer la 5146 1per Lt 7a[.7P ACC' ACC' Ln. ,cs ACC SPA' (IPA• 1 petsenger CV' l ylsentu CV" 11:a::ccpv CV' 1 pasten:0i CVs l ossaer tar r(V•;_', 3per lot ZP COMMEROALVEEDCIFS v-4 allowed byrigM at permit Iincludes truckingcenpnItsl LANDSCAPING Use USR' It NA h0. nA HA NA -iHA - :n1 COMPANIES (New defmaonl :Pt- USR• ;PR' SPR' SPA' SPA" _,}.8 TRUCK WASHOUT FACILITES COMMERCIAL (Newdellnlllad USR' - 3771'. MEAT PROCESSING INewdefinitlonj USA' USA' SE'k' -. -I 511 MEAT PROCESSING. CUSTOM (Now definition) 71'UfA• USA' USA SPA' .SFR" •SPA" IPA ;a PVT CREMATORIES (New aehnitien) PA'.._ OUTDOOR STORAGE. Intludina RV/boat Rarest estiIMO 3(Keened defnrion) ''A A'. -J SPA WA COMMERCIAL STORAGE BUILDINGS (Mlnl-forage, SoRatorugel Rtrndelinil,onl - -5PA• EPA' SPA" 'IPA'.-_ CARGO CONTAINERS (Sao 23.0..1100.1 2-S pedal ACC/USR 1 per ACCIUSR 2ser lot ACC/W`R � Act' - A[r SEMI-TRAILERSas etcesfery storage (Sae 234.500.1 (Revicaa definition) 2 pirbt, ACCi15R 1 per lot ZP/USR 3 Rev kit - ZP/USA ACC - ACC .ACC. COMMERCIALIUNEYARD5 .Ugg,• R. USA • USR , P,. NONCOMMERCIALIUNRYARD ' ACC. ACC ACC 5mmgeauedings, accessary to tea ayrlgM. subject toguidelleft ACC ACC ACC - - ACC ACC - - ACC' r:_. NA -NA Ilk ACC ACC FCC AG: ACC ACC AIRPORTS and AIRSTRIPS, including ens pddstInt operations .. IPVEri • (MA' USA l:R• AIRSTRIPS. accessory - US; USA ;ACC USA • It&USA•.. HEUPORTS(New definition] - LISR' USW - -- - SPR' SPR• SPIT` DRANDGAS STORAGE FAOLIUES. and SUPPORTAROSERUC USR'. a' U S.pct _ .kit. Asphalt orcancrelabatth plant. permanent USA- USA• USR' USR- '5'R. •' Asphalt orcone fete batth plantTEMPORARY USR: -- USA' USA' L'L" ::Ic` UaR. UBR - UE(i Bonowplts, TEMPORARY UBit t/8R' 4tiA• URA' Uiia II EU - OpenMININGandprocassingdmincmlr [Sea 23-4.:50.1 USW ' USA' AR.* USA' .USR' USR' USA' .LISA LISA.. Any USE of a relcarch, repslrino, mantdacrunng, fabricating, preeees1h9, assemblinget storage Astute .. - - - SpA - Any USE of aImonth, repelling, manufeaurmg, fabric ndne.proceninj assembling or steno= nature. provided any USF conduced ouulde of an ENCLOSED building a SCREC/ICD from ADJACENT public C,gltts'of•w y andADJACENT properties SPR - NA : Any indoor USE of amanuIcturum. febreean& assansbhng or warehouse mum +41-' SPIV ItA it. - fI RESEARCH LABORATORIES USR. ULi• USR• LL;R' r tlts.UUSR'> USR Z41t US -I HEAVY MANUFACTURING -PROCESSING $eviseddefmrtlon) .'-1454• s#R' La•- - I' I ..-i UIR P PETROLEUM REFINERIES t1ajL 1 SOW wastednposel seesomlf aims requiring C-Orhtateof OosignationISee 734 -ago. 22,USA 8.10) and MAJOR FACIUTIES OF PUBLIC UTLTTE5 OR PUBLICAGENOES (23-2-3001 - LITA • la • USR! UUt' Coal a esificedonfaelllty -. L'iR• USA' LISA'. IL 1411 _SF Calory grader shed UBR- UBR UDR I UORap71A UBnaat rlE:.:.grig=_ SOUR FACILITY, MADIUM SCALE (See 234.7030.1 - USR USR • la • - - USR. ..SPA' SOIAAFACILITY, SMALL SCALE (Sea 3.4.1030.p :-2p3JCRr- ZP URR' -via• .r- ;,_. _ -- WINDGENERATORS(Sea 73a.050,) ACC/ZP/USR ACC/2P/USR ACC/IP/USR ACC/ZPIUSR ACCI7P/ Alt..:LP; JU"1-?;UStt NW -ohm ACtIZP/USR l.Cr1?JUSSI ACC/ZP/USRCr A':y'USA tZIJP/USii ACCIIIIISR 'Air'LPIUSG ACCT✓':USA OIL AND GAS FACILITIES ' LVOGL4 \VOGU WOGLA HVGLA'. '' WOGU 1\°.)-''J WDGU V/OGIA• - WL:GLA.., \VOGLA WOGLA VY.ICAA' i CALLA' i50'LA' ;VOGLA PIPELINES. PETROLEUM LAP LAP LAP LAP- - LAP .AF • -LAP - ' LAP DAP LAP LAP 1AP. I1.P- LAP LAP PIPELINES DOMESTIC WATER USR USA USR USR '-USR VStt. _ USA _ - USR UIi. -: USR USR USA USR Li USR lu •fromc N^�^�" a 51 52 53 54 SS $6 57 S8 So 60 61 02 63 G 65 66 67 6S 69 70 71 rz 73 74 75 76 77 78 79 80 61 82 83 Si 85 86 97 138 89 90 91. 91 90 91 95 96 •r'9 Wa < e > - D5 AE DEFlN©Ri a3-a�o hCu.. M fl oryUa Efl_Emoistens t na>hn D•parlment LAP, ..olden Ara•ormut Frmp•Im NA :Ma apphcable :PR as la Pith Rein. TAP =Temporary Asamblr Parma TSU= Temporary SeasinalUse U8R_Uss by Right USRathe by5peaal Rayne 7.P: Zoning Palma ANA.9revltwal C=Ccoumacpt Is Industrial R=Reddartral EaEstate Out r StoratT, facilities clusin at storage VV I L I J\LIVIM I UIIILJ,IVCVIw llel II IIIIUI I) Jillr 67 OUTDOOR STORAGE, including RV/boat storage facilities (Revised definition) SPR -ACC SPR SPR II co fTIudu [DrInI CTf1DACE DI III f1IMICC AL,: r.+nrnnn Cnll r+nr.,rtn1 (Mimi rin1;i, f nn1 --- Clint CDD CDD# _ ClIfi • Only allowed in C-3 (Regional Commercial), 1-2 (Medium Industrial), and 1-3 (Heavy Industrial) by Site Plan Review, and as an Accessory Use in the new C-4 (Highway Commercial) zone. • This is not a change in what is allowed in each zone; only change is a revised definition to clarify RV storage as an Outdoor Use. Vehicle Service/Repair Establishment ah? LufVIDERIEML .N VVUUuVV JRRnvu pet !WIN ueiiuIUU!I.) uan UM am an am r -rJrn •Jrn A 54 VEHICLE RENTAL & SALES ESTABLISHMENTS SPR* SPR SPR SPR* 55 VEHICLE SERVICE/REPAIR ESTABLISHMENTS SPR* SPR SPR SPR SPR Si DEDAIQ CCRl1I(` CCTADI ICLf111CKIT 110 110 ( ICD CDD CDD 11r1 COD CUD .- --CnD • Only allowed in the C-2 (General Commercial), C-3 (Regional Commercial), 1-1 (Light Industrial), 1-2 (Medium industrial), and 1-3 (Heavy Industrial) zones, again by Site Plan Review. Weld County Ordinanc.a.'1 2019-02 • The proposed changes to the zoning code do not change where RV Storage and Vehicle Service/Repair Establishments are allowed. Instead, these changes clarify the current code and that High Plains' proposed use is not compatible with current agricultural and residential development. • The proposed change also makes clear that this use is incompatible with future development. There will be no other RV storage and service & repair facilities or similar businesses even considered in the future for this neighborhood. • RV Storage and Service & Repair Facility = 9 acre RV dealership. RV dealerships do not belong in ag-residential neighborhoods. Employ consistency and fairness in the application of the principles of the Comprehensive Plan to help reduce conflicts Application of WW, LLC USR 17-0016 • Weld County has already determined that RV Storage Facilities and Maintenance/Repair Shops are not compatible with Rural -Residential Areas in Agriculturally Zoned Areas, when it denied a Use by Special Review application for WW, LLC. • Denial was defended by Weld County in the District Court, Case No. 17CV30547. • Amended Resolution denying the Use by Special Review application recorded March 15, 2018. • This is the precedent that Weld County must follow. Case No. 17CV30547 • "Outdoor storage is not allowed in residential areas." • "The use is not compatible with, existing surrounding land uses. There are so many residential uses in this Section." • "Area is residential, but it also still has an ag component" Case No. 17CV305/17 0 Traffic Safety — "Traffic will be a huge impact" • Crime — "The neighbors have had significant theft since the RV storage was approved nearby!' • Devaluation of Property — "Public comment provided specific instances of decreases in property value due to the approval of a nearby RV storage lot" • Screening — "The RV's are very tall and it would be difficult to screen them in a manner that would not greatly impact the neighbors!' • Noise — "The noise is expected to increas LP Case No. 17CV30547 • Compatibility of Commercial Use in Ag/Residential Area • "The surrounding area is and should continue to be ag residential in nature" "This is a commercial use that should be closer to the highway, or in an area that's designated for commercial development:" • "This site is in the middle of lots of nice rural residential homes, but it could move a mile in any direction and it would affect a lot less people0" Conclusion • Building an RV storage yard and srvice/repair shop is nt consistent with the goals and policies of the Weld County Comprehensive Plan or the existon_ surround6n uses. • Proposed facility will not be compatible with the future development of the neighborhood either — and will not even be considered under the new zoning cod • Weld County has already concluded that RV storage and service/repair facilities are not suitable for ag-residential neighborhoods. Give Name & Address For those of you who have never been to our neighborhood, I would like to introduce you. Ranch Eggs is a neighborhood of 58 acreage properties - most of them approximately 5 acres. Over 20% are multi -generational ownership — helping to maintain neighborhood continuity. 35% of the properties are used agriculturally by their owner residents, including livestock, grazing, hay production, egg processing, nursery & tree plantings & food production for several families. I personally keep sheep & alpacas. Many area property owners are shareholders in FRICO (the Farmers Reservoir & Irrigation Co) and receive water through irrigations canals. O ne resident operates a non-profit combined equine -veteran rescue. O ne property is a Christian church, which was converted from a former home. O ne property is a Cambodian Buddhist place of worship & home to the monks N one of the properties are used principally for commercial use. N one of the properties are used principally for industrial use. The neighborhood has a strong and well supported neighborhood association (RENA). The organization represents the community in items of interest. RENA is NOT a Home Owners Association with covenants. Left Hand Water District Daniel Oenes High Plains RV Storage & Service LLC 15104 St. Paul Street Thornton, CO 80602-7952 Re: Commercial Tap Application #2688, 537 Weld County Road 7 Mr. Oenes: April 17, 2019 We have reviewed your application and the District can provide metered potable water service to the subject property pending Board approval, payment of fees, signatures on required contracts and submission of the following additional application materials: • A landscape plan showing plantings in the 60,000+ square feet of open space along with the proposed irrigation system. • A complete list of plumbing fixtures including any hose bibs, yard hydrants and fixtures for the shop area. • Plumbing plans showing the configuration and location of your required backflow device. Additionally, the District has no objections to the water tank or proposed fire hydrants served by it. However, there can be no cross connection with District water service and the lot will be limited to one metered water service connection no greater than 3/" in size. Please contact us should you have any questions or concerns. Sincerely, Aptertoaidafr Steve Buckbee, P.E. District Engineer Left Hand Water District PO Box 210 - Niwot, CO 80544-0210 - Phone 303-530-4200 - Fax 303-530-5252 - www.lefthandwater.org DATE April 19. 2019 TO: Weld County Board of Commissioners FROM: Ranch Eggs Neighborhood Association (RENA) and Friends RE: USR18-0125, High Plains Storage and Service LLC Scheduled for review April 24. 2019 Introduction Please accept this letter which outlines our concerns and details our opposition to USR 180125. Our experience with the Planning Commission taught us that it's perhaps unrealistic to believe there will be time for the Commissioners to read all the documentation provided. Therefore.. our presentations to the Board of County Commissioners will highlight a few of the items on record in this letter in order to fit within the limited time allocated to speakers. Good Morning. NAME Address RENA President Because this is a topic important to our entire, low -density neighborhood. we are here to express concerns and show you that it is in the best interest of Weld County for the you to DENY this USR application and preserve the character of our rural residential neighborhood. We will describe ways in which: USR 18-0125 requested uses are NOT compatible with existing Ranch Eggs area uses. This application is to locate an industrial/commercial business within a `Right to Farm" agricultural zoned ranchette community. PLEASE CONSIDER: • It's easy for someone to mow a vacant lot. • When a home becomes run down, it's generally purchased and renovated. HOWEVER. when a 9 -acre lot, entirely surrounded by a tall fence, with a shop inside and ground covered by material not meant to grow anything becomes derelict, what was once an unattractive fence is now an eyesore. It's an eyesore that is cost - prohibitive for anyone to renovate: imagine what it would take just to return the property to its original condition Effectively, the blight on the neighborhood becomes permanent. We will also show ways in which: II. USR 18-0125 is incompatible with the future uses and development of the Ranch Eggs community area. III. The requestors of this USR cannot demonstrate adequate provision for protection of the health. safety, and welfare of the neighborhood and county. Finally. we will describe ways in which: IV. USR 18-0125 is inconsistent with both the existing and proposed Weld County Code. Goals and Policies. We will show you that the best and most desired outcome for our families, neighborhood and community is for the Board of County Commissioners to DENY this USR application and preserve the character of our rural residential neighborhood. Most Concerning Issues: • The applicant does not have a water tap for this property. Although the applicants have provided a letter with their application from Left Hand Water stating that the property lies witnin their service area, Left Hand Water has said that they are unable to provide service to the applicants' property at this time as the water service to our neighborhood is at full capacity. There is no indication given as to when this capacity will increase as it will require the construction and operation of a new Left Hand Water pumping station. • This poses a real concern to the community as we have already had one fire in the neighborhood fueled by vehicle storage. 10/8/2014 Headline: Erie barn fire damages, destroys up to 70 classic cars There was not enough water or available water close enough to the property to combat this type of fire to prevent a total loss of the building and its contents. • Potential impacts to irrigation water quality are unacceptable. Water rights owners' counsel will address these issues. Concerned about - • There's a decided lack of information in the USR application as presented to the Planning Board about the development of this project and the impacts of this business on the neighborhood. Drainage. lighting, and landscaping plans are incomplete and unlikely to be viable. • A multi -phase implementation was introduced at the Board of Planning Commissioners hearing, without any description. documentation about what is included in each phase, or any projected completion dates. This plan to phase the development of this business was not stated or described in the application. • No consideration or discussion of list of conditions requested by the Community. Ranch Eggs Community's activities regarding USR18-0125: In addition to preparing for and attending both Planning Commission Review and this meeting... A. At the applicants' request the RENA Board met with them in February. B. Concerned residents contacted Planning with unsatisfactory results C. Concerned residents contacted Planning Director, Tom Parko. and had an entirely professional experience. D. Several residents who either attempted to or were able to contact Planning about this USR prior to the Board of Planning Commissioners hearing include: 1) RENA Secretary Chris Raimo, representing entire membership 2) Jamie Merritt, before public comment invited 3) Brad Howe, planned new home placed on hold pending this USR decision 4) Attorney David Bower's call was not returned E. Later that month. RENA Membership made a Resolution, "The Board will represent RENA Membership in opposing USR18-0125" which was unanimously approved at Membership Meeting on February 26, 2019. F. There are 58 Properties within the Ranch Eggs rectangle. G. 31 Letters/emails were sent to Planning from concerned community members: including RENA letter on behalf of membership. 30 OPPOSED, 1 ambivalent Letters and emails believed to be more effective than phone calls to Planner, which explains why so few phone calls are in the record. H. 14 Concerned Residents, all opposed to USR18-0125 attended and many spoke at the 4/2/19 Planning Commission hearing. I. RENA Board is investigating a previous RV Storage USR 15-0045. which was approved November, 2015 BUT NEVER DEVELOPED. We believe that the vested property right granted by this USR was forfeited last November (2018) by the applicant's failure to abide by the terms and conditions of the approval. It remains farmable land. Thank you for listening. Now I'd like to introduce SANDY BARNETT. the Ranch Eggs resident with the longest experience of living in this neighborhood. PHOTO 1 Sandy Red Barn Planning Commission Hearing Experience: A. Commission came to split decision, 3 opposed, 5 approved. B. Commissioners voting to approve this USR based their decision, in part, on PERCEIVED compatibility of this commercial/industrial use with the neighborhood!!! • Aerial photographs presented by the applicants showed 3 neighborhood properties with multiple vehicles stored. The applicants stated that these must unpermitted, commercial storage areas already operating in our neighborhood. • Vehicles at these properties have been deemed as fully screened from roadways and neighboring properties • Several zoning complaints have been filed 'or the 3 properties; Complaints were closed because all 3 are Weld County approved non-commercial junkyards screened from streets and neighbors. The vehicles are owned by the property owner. C. Motion to oppose the recommendation of the USR was made by the one Commissioner who lives close enough to at least have seen Ranch Eggs neighborhood. D. Appeared that few Commissioners had read ail the letters and emails sent by concerned residents; items that had been clearly addressed in letters seemed 'new news" to some. One Important Example: The fact that the currently proposed changes to the Weld County Code will not allow this type of business - either an "Outdoor Storage Facility" or a "Vehicle Service/Repair Establishment" - to be located in an Agricultural zone. E. USR application materials reviewed in Planning Commissioners' Hearing had undergone significant changes from the ones available to the public earlier that morning, leaving no opportunity for review either by the Planning Commissioners or by the Public. Consequently. some of the planned comments were no longer germane. F. We appreciated that the County Planning Commission listened to our statements, but it is clear that in VVeld County, the role of the planning staff is to represent the applicant. The concerns and views of surrounding property owners and neighbors were not supported nor represented by staff. As residents and community members we did our best to speak up for our neighborhood. G. One member of the Planning Commission suggested that we set up an HOA with covenants to help protect our property values in the future. We took his suggestion seriously and have since contacted a real estate attorney. He advised that the process would require 100% owner participation (HIGHLY UNLIKELY!), is costly. and current owners would be exempt. (Voluntary RENA, even if membership is interested, is not in any position to pursue this.) H. Another member of the Planning Commission told those of us who attended the hearing, including one of our residents who has lived here for fifty years, that "you ought to sell and move". We were disappointed that that would be the parting advice of a County leader, especially after having tried to make it clear by our efforts to participate in the process, our presence at the hearing and our testimony before the Commissioners. that we care about and are deeply rooted in our community. We don't want to leave our homes and our neighborhood where we have raised our families and built our lives. We shouldn't have to abandon our community and lose the relationships we have with our neighbors to make way for a business which will not resemble any current activity in our neighborhood or benefit our community in any way. I. Many members of our community have actively participated in opposing this USR. They have sent letters and emails, have signed a petition, have appeared before the Planning Commission and will speak before the County Commissioners to give their input and express their opposition to this business in our neighborhood. Community members were disappointed that despite all their effort, time and concerns the Planning Commissioners voted to recommend this USR. DJ LYNCH: Ranch Eggs Neighborhood, from our perspective A. Ranch Eggs has a strong and well -supported neighborhood association (RENA); which is optional and voluntary for residential property owners. RENA is not a Home Owners Associations with covenants. 1) RENA negotiated and maintains the agreement with the neighboring landfill. 2) RENA represents the community's interests at public governmental meetings in Broomfield, Erie, and Weld County. 3) RENA hosts opportunities for residents to meet with government officials, communicates with area law enforcement and businesses such as oil and gas which impact the community, organizes neighborhood garage sales.. and monitors other items of interest. 4) RENA's persistence has led to IGA (Broomfield/Erie/Weld) currently being negotiated under Weld County leadership. B. In Transition 1) Neighborhood, in transition. We have made a lot of progress. Many properties undergoing 'gentrification' and renewal. As with any neighborhood in transition, several zoning complaints have been filed with the county against properties in the neighborhood that have issues. Most zoning cases have been closed after investigation and mitigation as the properties are deemed compliant. 2) The surrounding area has become more residential with Broomfield and Erie building new planned housing developments C. Recent Improvements: A few recent examples: PHOTO 2 DJ Rejoice 1) Church PHOTO 3 DJ Buddhist 2) Cambodian Cultural Center/Buddhist Temple PHOTO 4 DJ Mansion 3) Extended Family Home; 14,000 sq ft home with approved on -site landscape business. PHOTO 5 DJ Raimo 4) Raimo's House; Addition and complete renovation of original 1967 Ranch Eggs home PHOTO 6 DJ Lauer 5) Lauer's House (new windows, roof, siding. garage doors. etc.) D. New build resident owners planning to build "dream homes" holding for USR result; properties are across from applicant property and they will likely not build their homes and will SELL if USR approved. PHOTO 7 DJ Howe 1) Bradley Howe, under construction 2) Armitage PHOTOS 8-13 DJ Line of Sight E. Neighborhood fencing is in farm/ranch style. leaving sight -lines very open. unlike USR proposed fencing. 1) Broomfield describes Ranch Eggs as "open area" between itself and Erie. 2) USR's 9 -acres fully enclosed fencing IS INCONSISTENT with principally residential and agricultural properties. F. Almost every other business in this community is resident -owned and operated; with residence being principle and business being incidental. The two exceptions being the Cambodian Cultural Center/Buddhist Temple and Rejoice Lutheran Church. G. Our Community by the Numbers: 1) Fifty-eight properties are within the rectangular area we refer to as Ranch Eggs. 2) Over 20% - are multi -generational home owners — property ownership being passed down to family members - helping maintain neighborhood continuity. 3) Many properties are used agriculturally. incidental to residential use, including livestock, grazing, hay production, egg processing, nursery/tree storage and food production for residents and others 4) Many area property owners are shareholders in FRICO (Farmers Reservoir and Irrigation Company) and receive water through irrigation canals. 5) One resident operates a non-profit combined equine -veteran rescue on his property. 6) One property is a Christian church. 7) One property is a Cambodian Buddhist place of worship. 8) ZERO properties are principally commercial use. 9) ZERO properties are principally industrial use. USR 18-0125 is INCOMPATIBLE with Ranch Eggs Neighborhood and Current Uses A. The Commercial/Industrial nature of the request is inconsistent with surrounding property rights granted by Weld County's RIGHT TO FARM B. Negative effects on irrigation water 1) No FRICO-maintained ditch would allow storm water to be discharged into the ditch. This is down -stream from FRICO maintenance, but the same reasons exist. 2) Several negative impacts to property owners include discharges of oils, grease, and other sediments which lead to problems with the plants and animals utilizing that water source. C. Unlike other businesses in the neighborhood, it would not be secondary to residential use. D. Restricts farm/ranch-like sight lines E. No agricultural use Does not demonstrate a diligent effort to conserve prime farm/ranch land F. Does not protect the property rights of existing owners. G. Ranch Eggs is viewed and currently serves as a regional interface "buffer" area in relation to the upscale homes, parks, trails and hospital, and NOT a commercial area or industrial park which would be more suitable for an RV Storage and Service and Repair Facility. H. To date. NOT ONE PERSON has been able to articulate any benefit the existing community will experience by the addition of and RV Storage and Service business ... and we've been asking the question! MIKE SCHWEITZER USR 18-0125 is INCOMPATIBLE with the future uses and development of the Ranch Eggs community area. A. Not compatible with future development. which includes the two planned "dream home" neighboring residences to be constructed and occupied by current property owners as previously noted. B. Not compatible with planned residential cevelopment by Erie and Broomfield in surrounding area. C. Not compatible with future use of neighborhood properties for agricultural purposes. D. Would permanently remove agricultural land from production and degrade it such that it would most likely never be able to be converted back to agricultural use in the future. USR 18-0125 is INCONSISTENT with existing Weld County Code, Goals and Policies On April 29th you'll be able to join Jim Flesher, Weld County Long Range Planner, in updating County codes to end future commercial/industrial applications in agricultural zones. As Jim writes and I quote "encourage development in the zoning district appropriate for the type of development; and promote compatible uses within zoning districts," But that is weeks away, so where are we with respect to current county codes? This proposal is not consistent with section 23-2-230.b.3, b.4. and b.7 "Uses. Future Uses, Citizen Welfare" This proposal is not consistent with Section 23-2-230.B.3 "Uses compatible with the existing surrounding Uses" B.3 Uses This proposal is urban in nature, but the site is not located in an Urban Area. This proposal is strictly commercial and industrial, whereas the site is rural residential and agricultural In fact this site is in the middle of a rural res dential neighborhood. consisting of 58 owner -occupied, single family homes. Not surprisingly there are a few anomalies in our neighborhood, which the applicant has used to justify yet another anomality. I'd be happy to discuss these at the end of my prepared remarks. There are no stand-alone businesses in our neighborhood. Enterprising neighbors may have side businesses to supplement their income. but the true value of these rural residential properties has always been. and remains, as rural residences and not as commercial enterprises. The applicant will not be building a residence on the site, as they will not be living on site. Instead they'll be building a repair shop, with commercial noise levels in a quiet residential area. The proposed shop and storage area would be on the main road through our neighborhood , visually changing the character of the area. This proposal is not consistent with Section 23-2-230.B.4 "Uses compatible with future development of surrounding area" Our neighborhood is surrounded on three sides by Broomfield, which is actively converting former Weld County agricultural land to residential neighborhoods, 1300 homes. This build -out is currently about 1/3 complete, to be finished within the next five years. It is worthwhile to note that Broomfield has limited all commercial development to those areas adjacent to Highway 7 and Sheridan parkway. Despite all these changes, our neighborhood expects to continue living the rural residential lifestyle. This proposal is not consistent with Section 23-2-230.B.7 "adequate protection of health, safety and welfare of the inhabitants on the neighborhood and the county" Adequate water does not exist to fight any fire that may occur on this site. Five years ago a 70 collector cars storage facility burnt to the ground as a total loss emphasizing this inadequacy that has not been remedied since. Finally, the Applicant has made no mention of how it could meet the residential noise standard. (Mike's) Appendix Here are the handful of exceptions. A Lutheran church exists in a former converted home. This community consists of less than 50 members. They let our neighborhood association use their facility for community meetings. Cambodian Cultural center is a beautifully landscaped property, with residents that are a part of the community and have participated in neighborhood pot -lucks. When was the last time you went to a pot luck and sat next to a monk? A landscaping business exists that's run by its owners who are residents. All trucks and equipment are stored indoors and screened via a beautiful sandstone privacy wall. A machine shop, approved by USR in the 1980s, was a father -daughter 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). A trophy distributorship moved into a former Chicken Egg barn in the 2000s. They painted the old barn, which instantly converted the old eye sore into an impressive facility. This business is in the process of closing due to the death of its founder and owner. PHOTOS # & # Non -Commercial Junk Yard Two private junk yards exist with full compliance to Weld County codes, with vehicles stored either in converted Chicken Egg barns or behind visual screens. Agricultural uses include one lama dealer and a couple horse boarding stables. All of these are run by owner residents. To the north of our neighborhood is a landfill. The landfill has no access to CR 7 per agreement with the neighborhood, an agreement that has stood for over 25 years. By keeping their distance, this landfill has not adversely changed the rural nature of the adjoining neighborhood. A natural gas well site also borders our neighborhood to the north. The natural gas facility only has access to CR 7 north of our neighborhood, per agreement with our neighborhood. Drilling at this site is scheduled to cease within months, at which point activity at this site will subside considerably. Thanks to these agreements with our neighborhood, neither the land fill nor the well site have not sufficiently changed the agricultural and residential character of our neighborhood. These existing operations do not change the character of the present zoning. This proposal is not consistent with the Agricultural Goals and Policies section 22-2-20. This proposal is not consistent with Urban Development Goals and Policies section 22-2-40 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 OTHER SPEAKERS: 1) Ed Kosorok 2) PHOTOS: Map, then slideshow Ashleigh Merritt 3) PHOTOS: Fire and Flood Jamie Merritt 4) Sean Davies 5) Michelle Arrick 6) Bob Graeber 7) Natalie 8) Chris Raimo - SUMMARY CLOSING: The best and most desired outcome for our families, neighborhood and community is for the Board of County Commissioners to DENY this USR application and preserve the character of our rural residential neighborhood. IF, however the Commission cannot agree to outright DENIAL of this USR:.... FILE CONTAINS ONE (1) FLASH DRIVE (Various Images - submitted by Ranch Eggs Neighborhood Association (RENA) and Surrounding Property Owners) USR18-0125 High Plains RV Storage and Service, LLC PLEASE SEE ORIGINAL FILE Hello