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Home My WebLink About20153558.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Weld 34, LLC c/o EnviroTech Services Case Number COZ15-0001 Submitted or Prepared Prior to At Hearing Hearing 1 Surrounding Property Owner - Paul Markus, letter received May 28, 2015 X 2 Surrounding Property Owner - Gary Oplinger, letter received July 15, 2015 X 3 Surrounding Property Owner - Joanne and Scott Fenton , letter received July 17, 2015 X 4 Surrounding Property Owner - Carol Pernicka, email received July 26, 2015 X 5 Surrounding Property Owner - Susan Bickling , email received July 26, 2015 X 6 Surrounding Property Owner - Wolfgang Dirks, email received July 25, 2015 X 7 Surrounding Property Owner - Dave Kisker, letter received July 26, 2015 X 8 Surrounding Property Owner - Denise Rhoades, email received July 24, 2015 X 9 Surrounding Property Owner - Martin P. (Pete) Straub, email received July 26, 2015 X 10 Surrounding Property Owner - Royal J . Kupec, letter received July 26, 2015 X 11 Surrounding Property Owner - Nancy E. Suppes, email received July 27, 2015 X 12 Surrounding Property Owner - Trina Bogart, letter received July 26, 2015 X 13 Surrounding Property Owner - Melvin Bickling , email received July 27, 2015 X 14 Surrounding Property Owner - Sue Thomas, letter received July 26, 2015 X 15 Surrounding Property Owner - Donald E. and Alice M . Anderson , letter received July 27, X 2015 16 Surrounding Property Owner - Gertrude and David Holtslag , letter received July 30, 2015 X 17 Surrounding Property Owner - Michael D. Chrisman, letter received July 27, 2015 X 18 Surrounding Property Owner - Susie F. Straub, email received July 27, 2015 X 19 Surrounding Property Owner - Joyce Johnson, email received July 26, 2015 X 20 Surrounding Property Owner - Susan Oplinger, letter received July 27, 2015 X 21 Surrounding Property Owner - Robert and Cynthia L. Graham , email received August 17, X 2015 22 Surrounding Property Owner - Kate Brown , email received July 29, 2015 X 23 Surrounding Property Owner - Ronda Bogart, letter received July 27, 2015 X 24 Surrounding Property Owner - Jeff and Mary Kroeger, letter received July 26, 2015 X 25 Surrounding Property Owner - Gary Oplinger, letter dated July 15, 2015 X Page 1 of 3 26 Surrounding Property Owner - Lisa Pirano, letter dated July 30, 2015 X 27 Surrounding Property Owner - Diane Schwalm Reid , letter received July 27, 2015 X 28 Surrounding Property Owner - Holly Cummings, letter dated July 30, 2015 X 29 Surrounding Property Owner - Richard Grimaud , email received July 30, 2015 X 30 Surrounding Property Owner - Ellen De Lorenzo, email received July 30, 2015 X 31 Surrounding Property Owner - Ellen Eliason Kisker, letter dated July 30, 2015 X 32 Surrounding Property Owner - Jim Pirano, letter dated July 31 , 2015 X 33 Surrounding Property Owner - Linda Liggon, email received July 31 , 2015 X 34 Surrounding Property Owner - Lynn Bosack, letter received July 31 , 2015 X 35 Surrounding Property Owner - Carol Bosack, letter received July 31 , 2015 X 36 Surrounding Property Owner - Olga Wallace, email received August 1 , 2015 X 37 Surrounding Property Owner - Larry Spies, letter dated August 1 , 2015 X 38 Surrounding Property Owner - Kathleen Quam , email received August 1 , 2015 X 39 Surrounding Property Owner - Shirley Brown, email received August 2, 2015 X 40 Surrounding Property Owner - Kate Brown , email received August 2, 2015 X 41 Surrounding Property Owner - Judy Leinweber, email received August 2, 2015 X 42 Surrounding Property Owner - Rene Wingerson , letter received August 3, 2015 X 43 Surrounding Property Owner - Joanne and Scott Fenton, letter received August 3, 2015 X 44 Surrounding Property Owner - Mary Yack, letter received August 6, 2015 X 45 Surrounding Property Owner - Barbara Moe, email received August 3, 2015 X 46 Surrounding Property Owner - Lloyd C Schwalm , letter received August 7, 2015 X 47 Surrounding Property Owner - Vicki Betton, email received August 11 , 2015 X 48 Surrounding Property Owner - Zuri D. Burns, letter dated August 15, 2015 X 49 Surrounding Property Owner - Patricia Worrell, email received August 16, 2015 X 50 Surrounding Property Owner - Shirley A. Hoskinson , letter received August 11 , 2015 X 51 Surrounding Property Owner - Sharon L. Collins, MD, FACS, letter received July 30, 2015 X 52 Surrounding Property Owner - Tim Feinauer, letter received August 7, 2015 X 53 Surrounding Property Owner - Lloyd C Schwalm , letter received August 7, 2015 X 54 Surrounding Property Owner - Betty Feinauer, letter received August 10, 2015 X 55 Surrounding Property Owner - Eric Wingerson, letter dated August 23, 2015 X Page 2 of 3 56 Surrounding Property Owner - Alicia Burns (Family Farm ), letter dated August 6, 2015 X 57 Surrounding Property Owner - Joyce Johnson, email received September 19, 2015 X 58 Surrounding Property Owner - Anita Cormer, email received October 6, 2015 X 59 Surrounding Property Owner - Dave Kisker, email received October 6, 2015 X 60 Surrounding Property Owner - John Cummings, letter dated October 11 , 2015 X 61 Surrounding Property Owner - Pete and Susie Straub, email received October 12, 2015 X 62 Surrounding Property Owner - Jeff & Karin Lawrence, letter dated October 14, 2015 X 63 Surrounding Property Owner - Lester R. Eastman, letter dated October 16, 2015 X 64 Surrounding Property Owner - Harriette L. Eastman, letter dated October 16, 2015 X 65 Surrounding Property Owner - Denise Rhoades, email received October 16, 2015 X 66 Surrounding Property Owner - John Wallace, email received October 17, 2015 X 67 Surrounding Property Owner - Glenn and Melanie Schlotter, letter dated October 17, 2015 X 68 Surrounding Property Owner - Patricia Worrell , letter dated October 17, 2015 X Letter from Upstate Colorado - Richard Werner, President and CEO, letter dated October 69 X 16, 2015 70 Presentation from the applicant X 71 Presentation from CLR-34 X I hereby certify that the seventy-one items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing . ZOkp&Q9-, ' Diana Aungst, Plann r Page 3 of 3 Diana Aungst From: Paul Markus [psmarkus@ipbroadband.net] Sent: Thursday, May 28, 2015 1 :28 PM To: Diana Aungst Subject: case # COZ15-0001 Case # COZ15-0001 For Public Record Date: 5/18/2015 Weld County Commissioners c/o Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Weld County Commissioners: RE: Planning Application COZ15-0001 : Weld 34 LLC Project We are very much against this proposal because of compatibility requirements with this proposed project of Envirotech, using the adjacent land west our Indianhead Subdivision. Our concerns with this operation are as follows: • Truck Traffic • Train Traffic • Noise • Pollution It takes a fully loaded tractor trailer (30 tons) 20 seconds to cross Highway 34. Causing safety concerns, reducing traffic flow rate and causing traffic congestion. Traffic noise from 1000 to 2000 vehicle trips daily impacts quality of life and causes inconvenience to our subdivision and more, and the night operations present additional risks and impact quality of our life. Traffic increases are 24/7/365 which are unacceptable and intolerable. Increased train traffic causing delays on Highway 34 and Weld County roads 13, 56, 15, 54. For the west bound traffic will leave Highway 34 and use WCR 15 or 13 to WCR 54 to continue travel around the train caused delays. This will greatly impact our ability to leave our subdivision and travel to where we need to go. Increased noise from train movements, car switching, screeching car wheels, train engine constantly running, whistles, horns all affecting the quality of our lives. What materials are being unloaded and loaded at this site? We worry about odors, odorless chemicals, and dust that will float over our neighborhood with the prevailing winds and degrade our quality of life. Our outdoor life in our backyard will be greatly affected due to potential air and sound pollutions and always being on guard for violations of air standards due to the proximity of the proposed project. It is also clear that the infrastructure doesn't exist for this heavy industrial park. Train tracks that are at road level and an increase of train traffic will stop traffic more often and for long periods of time. Roads were not built for the increase traffic of heavy 30 ton truck loads. Nor is Highway 34 equipped to take on the slower merging traffic to an already vehicle filled roadway. These traffic issues will impede considerably on our ability to use Highway 34 from WCR 15 and at times it will be difficult to use WCR 15 due to train delays of traffic from Highway 34. We respectfully ask that you deny this project. EXHIBIT 1 ,• ' •asi s 27687 Hopi Trail Johnstown, CO 80524 15 July 2015 Weld County Commissioners and Weld County Planning Commissioners c/o Diana Aungst Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Planners and Commissioners: I would like to commend the Planning Staff for its recommendation to deny Martin Marietta Materials' application for USR15-0027. After a review of the application and its conformance to the Weld County Code, no other decision could be made. Now you, and the same homeowners that fought this application, will need to address Tetratech's application to rezone the land just north of the proposed Martin Marietta site. In this case, though, there is no application specified . The land would be rezoned to Industrial-2. It is attractive to heavy industrial firms because of its proximity to the tracks of 2 different railroads. While there are many possible uses, we can say this with absolute confidence: 1 The application will be built on prime agricultural land. 2. Such land use will violate WCC 22-2-20.G1-A. Policy 7.1 3. Such land use will violate WCC 23-2-220.A.3 . We can also conclude that the following are likely: 4. The application will be noisy, particularly because of the use of rail transportation . 5. The application will very likely will emit dust, odor, and / or toxic fumes. 6. As transloading is a likely use, traffic congestion is a strong possibility. The analysis of the application for USR15-0027 has shown that this area is not compatible with heavy industry, and any development should be restricted to less intense applications. Please keep this in mind as you begin to analyze this case. Respectfully yours, Gary Oplinger 27687 Hopi Trl Johnstown, CO 80534 EXHIBIT Case # COZ15-0001 For Public Record Mr. and Mrs. W. Scott Fenton 6720 Apache Rd. Johnstown, CO 80534 27 July 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re : Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: We are writing to express our strong opposition to the request by Weld34 LLC (Represented by Envirotech) to rezone the parcels at the intersection US-34 and WCR 13 from Agricultural to 1-2. We have owned this home in Weld County for more than 10 years and worked at North Colorado medical Center for many more contributing to the betterment of Weld County. This application is a threat to our own neighborhood and surrounding neighborhoods as well as Weld County today and tomorrow. Below are our reasons for our strong opposition which have been researched and agreed upon by our entire organization who has worked diligently to not only support our neighborhood but the future of Weld County - you : 1. The "spot rezoning" would be detrimental to the surrounding property owners. 2. We have been told by our President that our organization, CLR-34 has met with Mr. Tim Pike of Envirotech who responded to us in a less than satisfactory manner. He provided no further information and refused to eliminate potential uses that would be Allowed by Right for consideration . Why is that? 3. The current and planned surrounding uses that are envisioned by the Communities of Johnstown, Greeley and Windsor, include residential, commercial and potentially light industrial . All of those communities state that the potential for heavy industry at this location is not acceptable in the Comprehensive plan, or, in the case of Johnstown, in the Town Council's Resolution against this rezoning proposal. When we purchased this home in your county/our county we knew there was some risk of blocking the beautiful views that this county offers but NOT with HEAVY industry ! ! EXHIBIT 4. Approval of this application would result in other attempts to industrialize this area resulting in the loss of investments that would better benefit the community and Weld County. S. There are negative health, safety and well-being impacts on the neighborhood . As healthcare workers who contributed to the health of Weld County for many years we find this unacceptable. Again, we have lived and worked in Weld County for many years. We were attracted to this community because of the economic development and the improvements made for residents by you and your colleagues. Don't take it backwards now. Please deny this application . Respectfully submitted, Joanne ad Scott Fenton Owner of residential property in Indianhead West for more than 10 years Diana Aungst From: Carol Pernicka [tracker@lpbroadband.net] Sent: Sunday, July 26, 2015 10:42 AM To: Diana Aungst Subject: Re: Case # COZ-0001 To: Diana Aungst Re: Case# COZ15-0001 Weld 34, LLC, c/o EnviroTech Services I am writing to voice my extreme opposition to the proposed rezoning of this property from an Agricultural A zoning to Industrial I-2. It should be unnecessary at this point to list all the reasons this is an unsuitable and incompatible use of this property. The reasons have already enumerated by the Planning Department and then the Planning Commission when they both denied the request for an agricultural special use variance for the development of the property directly to the south by Martin Marietta. It is noteworthy, however, that this application is totally lacking in details on how they propose to properly mitigate the effect of putting an industrial zoned area directly next to a residential neighborhood. They claim landscaping and berms will suffice; that is obviously a fantasy, and they acknowledge as much in their application when they state "site disturbances will attempt to minimize permanent visual scarring by using landscaping." The application states that "the property to the south is being developed by Martin Marietta for industrial use." This is a presumption which currently is not in effect. They hope to build on that proposed change in use from agricultural to industrial and piggyback their own industrial use in an area that all neighboring property owners and adjacent municipalities oppose. Without the Martin Marietta use, they have even less grounds for changing this property to an industrial use. Further, they mention the presence of the Great Western Railway that intersects the property, but make no mention of the fact that the railroad tracks access this property by crossing the already congested Highway 34 and the effect that heavier railroad traffic across would have on the highway. They also make no mention at all of any potential effect of added vehicle traffic on the highway, simply stating they will address issues later. The nightmare of added interruption of traffic flow is totally ignored. Instead, their application says time after time that they will address this and other issues that will arise after their application is approved. The County statutes explicitly state that industrial zoning is generally incompatible with residential zoning, and should be kept separated whenever possible. It makes no sense at all to consider changing agriculturally zoned land to industrial in this case. I ask that the Planning Department deny this request. Carol Pernicka 27848 Arikaree Rd. Johnstown, CO tracker@LPbroadband.net EXH IT 1 Diana Aungst From: sue bickling [sues19@hotmail.com] Sent: Sunday, July 26, 2015 2:55 PM To: Diana Aungst Subject: Case # COZ15-0001 Case # COZ15-0001 For Public Record Susan Bickling 6690 Lakota Ct Johnstown, CO 80534 26 July 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request Dear Weld County Commissioners: I am writing to express my opposition to this request to rezone the land at Hwy 34 and WCR 13 . This and the surrounding areas are Agricultural and Residential currently. I understand that there will inevitably be more development of this very busy and accessible corridor between Loveland and Greeley, but my concern is that this should NOT be rezoned for Industrial use, and certainly not I-2 ! The Hwy 34 corridor is the highly visible `first impression' that people have coming to and from Larimer and Weld counties. I do not want to see this beautiful area and the gorgeous mountain views and rolling farmlands taken over and perceived as a stark, industrial area. There is no amount of `mitigation' that could be done that would make this into anything other than what it would be, a large footprint of industrial activity, which is NOT compatible with the surrounding areas. There is currently development in the southeast area of I-25 and Hwy 34, just about a mile west of the proposed rezoned site, and it IS compatible, as it is residential, commercial, and maybe light industrial. There has also been recent development to the east of this site along Hwy 34, that is also compatible as residential and commercial areas. This is to be expected, as our area continues to grow and the economy improves, but what I would not want to see is the degradation of the area between Loveland and Greeley if this were rezoned for high industrial use. There are many other issues that would also be detrimental due to this rezoning, such as noise, pollution, and safety factors, as well as the effects of increased traffic on an already burdened traffic situation, not only in the immediate area, but also including the interchanges at I-25 and Hwy 402, 1-25 and Hwy 34, and I-25 and Crossroads Blvd, at the very least. I am very aware of these traffic issues as I commute from my home in Indianhead Estates to Longmont, where I work. In summary, I ask that you PLEASE deny this rezoning request. EXHIBIT Thank you for taking the time to read this letter! Sincerely, Susan Bickling 2 Diana Aungst From: Wolfgang Dirks [wolfdirks@earthlink.netj Sent: Saturday, July 25, 2015 7:39 PM To: Diana Aungst Subject: Planning Case COZ15-0001 Dear Diana Aungst, Thank you and your planning team for recommending denial for the Martin Marietta Materials (MMM) USR15-0027. As you stated so well in your staff report, the MMM USR is totally incompatible with the surrounding neighborhoods and future plans for the Hwy 34 corridor. Your thorough report clearly helped the Planning Commissioners to decide 4-3 against MMM's proposal. We are, however, facing a potentially bigger nightmare from Enviro Tech's request for rezoning the property North of the MMM USR to Heavy Industrial (1-2) use. According to Weld County Industrial Zoning Information, Heavy Industrial (1-2) can be used for just about anything , including, under USR, the MMM proposed development with an even larger rail loop, asphalt and ready mix batch plants, exposed storage piles, transloading and storage for large scale accumulation and distribution of all kinds of materials. The environmental and health impact from the dust, fumes, water contamination, noise and vibrations will most likely be equal to or worse than the MMM proposal. Additionally, the traffic impact will probably be much worse, because this site has direct access to Hwy 34 and it most likely will become a major transloading center with many more trucks delivering and distributing all kinds of materials day and night. This farmland has also been highly productive for many decades. Since it is right next to Hwy 34, the visual impact through this corridor would clearly state that you are entering a heavy industrial area like the Hwy 85 corridor, which is not in the long term plan for the cities of Johnstown, Greeley, and Windsor. I wonder if this is MMM's backup and/or expansion plan as they attempt to monopolize the Northern Colorado asphalt, cement, and aggregate market. Please reject this environmental eyesore, because this zoning change, COZ15-0001 , from Farming to Heavy Industrial (I- 2) is potentially equal to or worse than the proposed MMM USR15-0027 and it is absolutely not compatible with our peaceful neighborhood. Thank you for protecting our quality of life and property values. Wolfgang Dirks 6825 Apache Road Indianhead West EXHIBIT 1 1 Case # CO715-0001 For Public Record 6681 Apache Road (Indianhead Estates, West) Johnstown, CO 80534 26 July 2015 Weld County Commissioners cjo Diana Aungst, AICP CFM Planner 11 Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re : Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: I am writing to express my strong opposition to the request by Weld34 LLC (Represented by Envirotech ) to rezone the parcels at the intersection US-34 and WCR 13 from Agricultural to 1-2 . Although the COZ15-0001 application is extremely vague, it's clearly a serious threat to both the surrounding Neighborhoods as well as the future of Weld County. Below, I have articulated several reasons for this, and therefore, I request that you DENY this application . 1. This is a "spot rezoning" that would benefit a single property owner to the detriment of all the surrounding property owners. Although Envirotech is a major vendor to the County it is extremely ill-advised to reward them with this action given the obvious negative impact on the area and the inability to suitably mitigate most, if not all of the uses that would be Allowed by Right. 2. CLR-34 has met with Mr. Tim Pike of Envirotech, and not only did he fail to provide any further information about their plans, but he also refused to eliminate from consideration any of the potential uses that would be Allowed by Right. 3. Many of the Uses that would be Allowed by Right in the 1-2 district do not meet the requirement of the County Code that the rezoning be compatible with the current and future uses of the Neighborhoods, including those envisioned by the surrounding communities. Because those uses would not be subject to the intense public scrutiny that a USR application is, it would be possible to simply bypass the comprehensive analysis that would otherwise by possible. EXHIBIT 7------ .0 Jr) 3 a . For example, even though the Planning Staff and the Weld County Planning Commission have now both recommended the denial of the Martin Marietta asphalt plant operation, if the rezoning occurred, MMM could bypass that entire process by purchasing the land from Envirotech and as a result, asphalt and concrete plants would be Allowed by Right. (And, Mr. Tim Pike met with CLR-34 and confirmed that Envirotech WOULD, in fact, be willing to sell the land up until the time that they start to develop the land. ) b. Or, should the MMM development ultimately be approved, they could lease this land and add additional asphalt/ concrete plants to conveniently utilize the extra 900,000 tons of aggregate that will be delivered to the Highway 34 Project location . This would be Allowed by Right! ! By doing so, MMM would avoid the careful public scrutiny that has been the hallmark of the current planning case, making it difficult if not impossible to protect the Health, Safety and Welfare of the surrounding Neighborhoods, not to mention all of the other negative impacts. c. Mr. Pike even refused to eliminate consideration of a crude oil Transloading facility which would be another possibility. d . Views of large outdoor storage piles of various materials and supplies would be an unappealing entry into Weld County. e. Most, if not all the other Allowed Uses by Right would have similar negative impacts, but even if one did not, the rezoning would allow any of them . 4. The current and planned surrounding uses that are envisioned by the Communities of Johnstown, Greeley and Windsor, include residential, commercial and potentially light industrial. However, all of those communities state that the potential for heavy industry at this location is not acceptable in the Comprehensive plan, or, in the case of Johnstown, in the Town Council's Resolution against this rezoning proposal . S. As stated in the Weld County Code, the specific intention of the 1-2 district is to allow a significant visual impact that would not be allowed in the I-1 district, or in the Commercial districts, for example. Thus, the argument could be made by the applicant that the Code would not require them to even attempt to mitigate the impacts of their operation to a suitable degree. This would obviously have negative impacts on the health, safety and well-being of the Neighborhood, including the Indianhead Estates subdivision, the Town of Windsor, and the residents of Kelim, to name a few. 6. Approval of this application would certainly result in a "domino effect" causing other attempts to industrialize this area, resulting in the loss of investments in other, more suitable activities such as commercial and residential development. This would be a loss to all concerned, except of the course, the Applicant. Thus, this spot rezoning is extremely undesirable. In sum, there is simply no reason that is sufficiently compelling to justify approving this application. While it's true that the coordinated planning activities between Weld County, Johnstown, Windsor and Greeley are not complete, should this application be approved, it would completely destroy the efforts that the surrounding communities have made, resulting in an unappealing and detrimental result. Again, I ask that you deny this application . Respectfully submitted, gpc, at_ David W. Kisker President, CLR-34 Neighborhoods Assn . Diana Aungst From: Denise Rhoades [deniseerl @live.com] Sent: Friday, July 24, 2015 5:27 PM To: Diana Aungst Cc: Denise Rhoades Subject: Case# COZ15-0001 Weld 34, LLC, do EnviroTech Services Case #COZ15-0001 For Public Record Date: July 24, 2015 Weld County Commissioners c/o Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 970-353-6100, ext 3524; Fax: 970-304-6498 daungst@weldgov.com Weld County Commissioners: EXHIBIT RE: Case# COZ15-0001 Weld 34, LLC, c/o EnviroTech Services For the record - I am totally OPPOSED to the rezoning of this area to I-2 (Industrial Use). The change of this parcel opens the door for heavy industrial use adjacent to a long existing neighborhood as well as Highway 34 - the Gateway to Weld County. If this zoning is passed the areas surrounding this property will have no input into its use. The potential for becoming an eyesore is great. No provisions need to be made for visual impact as someone crosses the county line from Larimer into Weld. All nature of transportation and industry could occur without mitigation for noise, odor, dust, light, and hours of operation. i As I look at the application I see several 'Goal statements'. While nice words, none provide for enforceable or actionable items. This is totally unacceptable. Industrial use in this area is not consistent or compatible with existing uses and must NOT be allowed to get a foothold. This and further development of this type could lead to a total visual and environmental mess! As I look at the Weld County website I see this regarding zoning - The primary purpose of zoning is to segregate uses that are thought to be incompatible. In practice, zoning is used to prevent new development from interfering with existing residents or businesses and to preserve the "character" of a community. Zoning is commonly controlled by local governments such as counties or municipalities. Please - preserve the 'character' of our community and do NOT allow this zoning change. Respectfully submitted, Denise Rhoades deniseerl@live.com 6771 Algonquin Dr. Johnstown, CO 80534 2 Diana Aungst From: Pete & Susie Straub [petestraub@msn.com] Sent: Sunday, July 26, 2015 9:50 PM To: Diana Aungst Subject: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request - FOR PUBLIC RECORD July 26 2015 Martin P (Pete) Straub 27793 Hopi Trail Loveland, CO 80534 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 EXHIBIT Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: Preparing for eventual retirement nearly five years ago, and after a two year search, we purchased the Weld County home to live in for the rest of our lives. Soon afterwards, two of our five children and their families relocated to be nearby. Although we now own this beautiful house located on an acre of land on the west edge of Indianhead West subdivision, what makes it truly our "home" is the incredible neighborhood here at Indianhead . Multi-list advertisements never reflected the community of warm friends and rich relationships we would find here. First, few families will be effected by this proposed rezoning as much as ours if allowed . We are a ground zero — border property on the middle-west edge of Indianhead II . Eyes-wide-open, we always knew that the proximity to Loveland, US 34 and as a gateway to Greeley and Weld County that some kind of development of adjacent to our home may eventually happen . A similar neighborhood of large lot homes, a planned unit development, or even a well planned and executed commercial extension of 25-34 or Centera like development may occur. Never did we believe a rezoning to such an inappropriate and conflicting use as heavy industrial zoning would be considered, especially a use that is being purposefully hidden from us as part of the application . Second, we and our extended community has worked hard for six months to convince the Weld County Planning staff, the Weld Planning Board, and hopefully you, the commissioners, to deny Martin Marietta Minerals a USR on the adjacent parcels to this proposal . This proposal (COZ15-0001) is actually worse with far greater potential impact than the MMM USR request. First of all, it is adjacent, close to our homes, adjacent also to Highway 34. And for what use? It is so potentially conflicting to this area that the powerful business interests such as the McWhinney brothers and others do not want the ultimate use disclosed. They deny nearly 300 people in the close adjacent area the opportunity to oppose this proposal on its absence of merit on technical details, leaving us to opposing it based upon wanting to retain this pristine community of 1 life, mountain views, gorgeous sunsets, quiet mornings and evenings, clean air, based upon undeniable incompatibility of the many unknown allowable industrial uses next to our neighborhood setting. Third and finally, we are not opposed to everything but the current agricultural use, although it can be argued that better-planned currently available already zoned industrial tracts are available in both Weld and Larimer Counties. Recreational, educational campus, governmental or business office uses, along with the many residential uses, all could be made compatible with our neighborhood and equally attractive in a gateway to Greeley and Weld County. Many of our neighbors including my wife and I recently negotiated with an oil and gas operator to lease our mineral interests under this property, but in an example of people of different interests working together, we were able to negotiate a provision in each of our leases for much greater setbacks from our neighborhood in locating their drilling operations and facilities. A win-win for all sides with property rights. We are asking you, the commissioners, the very same thing. Please keep this incompatible use far away from our neighbors and our properties. Work with the local communities of Windsor, Johnstown, and Greeley on a shared vision for compatible uses, not incompatible ones. • Industrial use = incompatible to homes and adjacent neighborhoods. • Undisclosed industrial use = an unwarranted blank check to business interests in blatant disregard to a number of long term Weld County residents and voters. 1, and my neighbors, therefore ask that you deny this application . Respectfully submitted, M . P. Pete Straub 970-589-1845 2 Case # COZ15-0001 For Public Record Royal J . Kupec 27761 Hopi Trail Johnstown, CO 80534 26 July 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner ll Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re : Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: Just as the last rezoning request from M & M Larimer county was opposed, City of Wellington, Loveland, Johnstown and Greeley was opposed, the neighboring people were opposed, yet our planning commissioners did not respect that and actually tried to pass the project anyways. After witnessing the last meeting it is hard for me to have faith, that anyone understands that these project are not compatible. The planning commissioners ask the spokesman for the neighborhoods where it should be located . That I have the answer both these projects can be place on the west side of I -25 near the old dog track, or on the east side of Centera mall, or on the North side of the highway east of Milliken they actually asked for both sites to be established in this location, which are more than 500 feet from residential areas, and compatible with the surrounding areas and businesses. As a result of these and other reasons, I ask that you deny this application. Respectfully submitted, A Weld County Citizen Royal J Kupec 27761 Hopi Trail Johnstown, CO 80534 EXHIBIT to Diana Aungst From: nansupp@aol.com Sent: Monday, July 27, 2015 4: 15 PM To: Diana Aungst Cc: nansupp@aol.com Subject: Case #COZ15-0001 Case #COZ 15-0001 For Public Record Weld County Commissioners: I am writing to respectfully request that you deny the rezoning parcels at intersection US34 and WCR 13 from agriculture to I-2. As the gateway to Weld County from the West, this rezoning could potentially have an extremely negative impact on our great county. There are numerous unknowns with this rezoning! Our neighboring cities of Windsor, Greeley, and Johnstown, and Larimer County are diligently trying to plan an area that will be compatible with the current area of this corridor, including Kelim, Indianhead Estates and other neighboring developments. Other more suitable commercial and residential development will be an asset to this area -- not a detriment as this rezoning could allow. Please deny this application! Respectfully„ Nancy E. Suppes Edward A. Suppes 6801 Commanche Ct. Johnstown, CO 80534 EXHIBIT 1 At______ Case # COZ15-0001 For Public Record Trina Bogart, MD 6645 Apache Road Loveland, CO 80534 26 July 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 EXHIBIT Re : Planning Application CO715-0001, Weld34 LLC Rezoning Request I la Weld County Commissioners: I am writing to express my strong opposition to the request by Weld 34 LLC to rezone the parcels at the intersection of US 34 and WCR 13 from Agricultural to 1-2. This is yet another attempt by "big business" and Companies that have deep financial roots in the area to completely change this wonderful area. The Hwy 34 corridor is the gateway into an amazing selection of things that make Colorado one of the greatest places to live. We have one of the most famous national parks in this Country. Greeley has grown into a city with much to offer and often the residents of all surrounding communities shop and play in each other's cities. Loveland, Johnstown, and Windsor are all unique and highly sought after places to live. Creating an Industrial Park along this Corridor is incompatible with all that this area represents. I believe that it would be downright deleterious. Although, this is just a request to rezone a particular property in the area, it will set precedence for Weld County to continue allowing industrial development in the surrounding area . This type of development belongs in an exclusively industrial zoned area. This proposed site is near a thriving residential and agricultural area. It is directly adjacent to an already incredibly busy Hwy 34. This busy thoroughfare cannot tolerate the amount of traffic that this development could create. Although Weld 34 LLC is being secretive about their plans for this site, it makes sense to me that they may be working with Martin Marietta Materials (MMM) in their attempts to industrialize this area. The potential uses that this zoning will allow them are not compatible with this area . I have the same concerns for this development as I do MMM . The deleterious effects these developments will have on our quality of life including: noise, pollution, noxious smells, excessive nighttime activity ( light, noise), decreased property values, traffic consequences. The aesthetics of these types of operations will have a negative impact on our view and the beauty of this area in general . The potential for Envirotech to develop a Transloading site is very concerning. Crude oil rail shipments are on the rise in Colorado, as is the risk for dangerous accidents and environmental catastrophes. The picture below is from the May 12, 2014 train derailment and crude oil spill in Greeley, Colorado. Six cars of a 100-car Union Pacific Train derailed South of Greeley, spilling about 5,000 gallons of oil. These trains are carrying highly volatile substances across populated areas of Colorado. .1 4-d ;.4 49: -; - .4•:3/: 1,;'� r . r '41,,4: .',r ': .,'. . • .. , ,z 1/413c1+ ' �, ,s Int. • • ,/ `911, e. s' air- • Z l• tia . it* ' •. 1,,vi iji d , \ . I ,40 A. •d{ 1 4I � • t•~ �It , la •\.. I . ,, • -tit . \ , I. ,• 1 • 1 • i el • • • . , , . , ,. ... . ,. . i, , %.,_,. It'1 . ii , I .. sir •• ... , , ..:. ,. k , , �. A •` •iii% • `'�!6 •,} �, a .1.I' . I F,_ - ..• « . . , . . mot, • Q.•,. illiAl qt.' • its • • °tea ,.. A ,.err .4 Ht‘rikit) ' - . ,, . t i l..e. l I 71/4-: ' _ - 41: .- - ., 4 a . The following link shows the dangers of fire in train derailment with crude oil and is the actual video from the 12/2013 North Dakota Train derailment https://youtu.be/rnUimHL4dil As a result of these and other reasons, I ask that you deny this application. Respectfully submitted, 7,a/c 474471 ,AD Trina Bogart, MD 6645 Apache Road, Loveland, CO 80534 trinabogart@gmail.com Diana Aungst From: Melvin Bickling [mbick7077@outlook.comj Sent: Monday, July 27, 2015 8:42 AM To: Diana Aungst Subject: COZ15-0001 Weld 34 LLC Rezoning July 27th, 2015 Case # COZ15-0001 For Public Record Mel Bickling 6690 Lakota Ct. Johnstown, CO 80534 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld 34 LLC Rezoning Request Weld County Commissioners: After a review of the application, the site is open to a lot of blue sky. Basically they can do anything they want to do after the property is zoned I-2 without any public comment. ( 1) Highway 34 is reaching the maximum capacity. No one knows what the property will be used for? Could be a trucking depot that would be sending dozens of trucks per hour onto Hwy 34. It is hard enough to access Hwy 34 in this area . (2) There are over 100 households in the indianhead Estate Subdivision that is located on the east side of the property. The people that live in Indianhead enjoy the spacious acre lots, the out of doors and the fantastic views of the Rocky Mountains. With the 1-2 we would not have any public input for the use of the property. (3) Noise could be a real issue? But no one really knows what they are going to do with the property. Spot zoning has never been a good idea . Weld 34 LLC is the only one that would benefit from this project. This 1-2 application is not compatible with the long range plans of the surrounding area . EXHIBIT As a result, I am asking that you deny this application. 1 D 3 Respectfully submitted, Mel Bickling 2 Case # COZ15-0001 For Public Record 7182 Lakota Lakes Road Johnstown, CO 80534 26 July 2015 Weld County Commissioners C/O Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: Please deny this rezoning request. This request is so vague we have no clear idea of what they are even proposing to go in here. It could end up being a noisy, smelly, dangerous crude oil Trans-loading facility or numerous equally incompatible uses. This request is for spot rezoning that is clearly not compatible to the area. There is a large residential community abutting this property that was here first and should not have to be subjected to a large industrial operation. I am very concerned that if this rezoning would be approved that it would open the door for this whole area to be turned into an ugly industrial mess. This clearly does not fit in with all the surrounding communities' plans for the development of this area. As a result of these and other reasons, I ask that you deny this application. Respectfully submitted, Sue Thomas EXHIBIT LLcL Case # COZ15-0001 For Public Record 6897 Commanche Ct. Johnstown, CO 80534 27Ju1y2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: We are writing to express our extreme opposition to the rezoning request noted above. Like our strong opposition to the current USR application ( USR15-0027) by Martin Marietta, this rezoning request originated by Envirotech is of the same purpose and intent. Any consideration for re- zoning or re-using agricultural land in this area is unacceptable. Proposing to locate and construct any type of heavy industrial facility in close proximity to the Indian Head Estates subdivision or, in general, along the US Hwy 34 corridor will not only negatively affect our current quality of life and property values, but for ever become a detriment to the vision and growth plans for the west entrance to Weld County. The proposed area for the re-zoning request is more suited to residential, retail, or commercial . A bulk oil depot, rail spur for industrial rail traffic, or storage locations for aggregate and other construction materials does not follow the intent or implementation of the long-range growth plans of the local communities of Johnstown, Windsor, Greeley or Larimer County. We trust that you will work in concert with these communities to establish long-term guidance and approvals in the best interest of local citizens and future generations. As a result of these and other reasons, I ask that you deny this application . Respectfully submitted, DowaLai E. awd ALk.e M . A►n,clersow EXHIBIT -0721/4. a ? 24 0 / 5 Mrs. David J. Holtslag AU[jUl��7tl Ian Head Estates �y.�-�� 27293 Hopi Trl -7 Loveland, CO 805348204 tgsra : - r -. j, asset;irk J � Je7t- ------..-------S a-O wmv1 e ! e 2,o Ivey /cave p p 1nJianhe4 t Farm/an /93 r ;a er. hive re- j th-hote # FAR alliAlk) kilAe te id/1/ We latie Olt ).- 4e 7 z aiA " mie 161 e CO et n eh / 89/ hfie ° a/ kr eg ) "Pts0 Y1/4' 0 "M To ro / S a ND[ Vitaa) abc-r G ti i___4", ,maces J isi or a ktae a se v c Mrs. David J. Hottslag•f-A / 5 ad , is . Indian�Head Estates.a, _. : - 27293 Hopi Tr/ Loveland, CO 80534-8204 RKE Er JUL ? a 2015 WSJ County P1 nning DE ,. . GREEL Y OFFIC,L t itiz a EXHIBIT a � lace re- i jig_ Gey, ..ft u de 4.- et. di f /15./ac � d 19 ny 're a c 5 9 d , L Lo a 2 70? 99 *I das A r______,---. /Jd) Cflf Case # COZ15-0001 For Public Record 6713 Apache Road, Indianhead Estates, Weld County Johnstown, CO 80534 July 27, 2015 To: Weld County Commissioners c/o Diana Aungst, AICP, CFM, Planner II, Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado RE: Planning Application COZ15-0001 : Weld 34 LLC Rezoning Request Weld County Commissioners: I am writing this letter to STRONGLY OPPOSE the subject rezoning request submitted on behalf of Weld 34 LLC. This request is akin to attempting to place a "square peg in a round hole" — It just is NOT a good fit for this location. The request to insert Industrial use in the proposed location is categorically INCOMPATIBLE with the surrounding area and is in direct conflict with surrounding jurisdictions' Growth Management Areas contemplated in their respective Comprehensive Plans. There is NO amount of mitigation that will make an as yet unidentified industrial land use in this location compatible. An excerpt from the Weld County website document "What Is Zoning" states, "Zoning segregates incompatible uses which is why you typically don't see a new factory being plunked down in the middle of an established residential neighborhood, or homes being built in a warehouse or airport district." Even more importantly, the applicant has not identified precisely what the Industrial use planned for the land will be. Currently there is some industrially-zoned land within approximately 2 miles of the proposed site within the city limits of Windsor. The zoning is considered I-L or "limited industrial" of which the allowed uses by right are typically enclosed in a structure, and thus a relatively low intensity. I submit that the applicant really DOES have an idea of what land use they desire to establish. For example, they have requested 1-2 zoning specifically rather than I- 1 or I-3 . In their application they state a number of times, ". . .once the land use is determined. . ." and later in one paragraph regarding the Great Western Railway track, ". . .the Owner plans to use. . ." All of the uses allowed by right for I-2 zoned land do not necessarily utilize rail. Uses that would utilize rail imply a more intense use than what is envisioned for this property by surrounding jurisdictions. The road infrastructure that would support the land use is not able to be evaluated since the applicant has indicated repeatedly, ". . .once the land use is determined. . ." the necessary evaluations and considerations will take place. Yet, the applicant concludes in the application, "The county road will adequately meet the requirements of the proposed zone district." Very interesting statement in light of the recent Planning Commission Hearing on July 21 , 2015 for another industrial use that clearly identified the county road EXHIBIT in question would require significant upgrades to support the increase in truck traffic. The delicate nature of an already congested US34 has motorists seeking alternative routes during peak traffic hours with no funded expansion plans in the foreseeable future. The vision of the surrounding jurisdictions and comprehensive plans state their desire for the Gateway to Weld and Larimer Counties to be developed in a manner that would attract developers establishing large-lot residential and commercial mixed use type occupancies similar to the ongoing Centerra and 2534 Developments. The projected growth of the area could easily be dampened dramatically by approving an incompatible land use that may facilitate a negative pattern of development. I respectfully request that you DENY the applicant's request. The rezoning request is categorically INCOMPATIBLE with the surrounding area and IN DIRECT CONFLICT with surrounding jurisdictions' Growth Management Areas contemplated in their respective Comprehensive Plans. Your responsibility to your constituents is enormous. A church marquis I observed last week states it best, "There is NO right way to do the wrong thing." Approving this rezoning request is clearly the wrong thing for this location. I urge you to preserve the deliberate planning that has already taken place to maximize appropriate and compatible land use for this particular area in accordance with County and surrounding jurisdictions' vision. I plan to attend both the County Planning Commission and Weld County Commissioner hearings beginning on August 18; 2015 to demonstrate my opposition to this request. I certainly welcome any questions relating to this response. Respectfully submitted, Michael D. Chrisman Email: chrismanmr c@gmail.com Diana Aungst From: Pete & Susie Straub < petestraub@msn.com> Sent: Tuesday, July 28, 2015 10:11 PM To: Diana Aungst Subject: Planning Application COZ15-0001, Weld34 LLC Rezoning Request - FOR PUBLIC RECORD July 27, 2015 Susan F (Susie) Straub 27793 Hopi Trail Loveland, CO 80534 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: Here is what I have, (picture below of the view of the land in question looking west from my patio deck. ) It's also what I stand to lose. EXHIBIT 9 Or s. _ � e f My husband and I moved to our home in Indianhead West almost 5 years ago and knew immediately we had found the home which would provide us all the things we had worked for to provide us a peaceful and enjoyable retirement in the not too distant future. We not only had a beautiful rural setting but the bonus of a group of wonderful neighbors in this small rural subdivision . Not too long after we moved into our home on Hopi Trail, two of our adult children and their families moved to nearby communities to be closer to us . The picture above is taken off the back deck of our home where we have watched our grandchildren play on numerous occasions, as well as enjoyed the company of neighbors and friends on late summer evenings. We were aware when we purchased our home that there was a good chance that the property immediately behind our fence would someday be further developed and we would no longer have the view of corn that you could swear grew a foot overnight or the waves of golden wheat in the summer. We honestly envisioned at some point this prime agricultural land would be purchased and developed into another residential subdivision or even upper end commercial retail similar to Centerra . We were willing to accept and live with that eventuality as we understand the growing population of Weld County and the Front Range. However, never in our wildest imagination did we think the picture above could be turned into some kind of heavy industrial or any type of industrial development. The zoning request you currently have before you (COZ15-0001) not only asks that this prime agricultural land be rezoned to heavy industrial but they want a "blank check" in that they are not even willing to tell you or us what kind of industrial use Weld34 LLC has in mind. I believe this is a deliberate move on the part of the powerful McWhinney family to go around the Planning Staff and the planning process, the Commissioners, as well as all of the 300+ people living in close proximity to this property and deny the right of all of us to oppose such development based on the merits of the details of whatever it is they intend to develop and therefore leaving us with nothing to fight for but our wanting to keep our beautiful mountain views, breathe the clean fresh air and the enjoyment of our lives under the current status quo. Whatever they have in mind is as egregious or more so than the Martin Marietta Minerals USR proposal that we as land owners fought the past six months to convince the Weld County Planning Staff, Weld Planning Board and 2 hopefully you, the Weld County Commissioners to deny, that they have purposefully left it out knowing they would face the same battle as Martin Marietta Minerals. In doing so, I believe they are really attempting to "put one over" on the Weld County Commissioners. Please do not allow Weld 34 LLC through their Rezoning Request under Planning Application COZ1S-0001 to infringe upon the enjoyment of our homes and lives in this beautiful rural setting. • Industrial use of this prime agricultural land is grossly incompatible with the surrounding area, and; • Industrial use without disclosure or a "blank check" to business interests, shows a complete disregard for long- term Weld County residents and voters. I along with my neighbors ask the you deny this application. Respectfully submitted, Susie Straub 3 Diana Aungst From: Joyce Johnson <joey81853@msn.com > Sent: Sunday, July 26, 2015 6:49 PM To: Diana Aungst Subject: Rezoning Case # COZ15-0001 Weld 34, LLC, c/o EnviroTech Services For Public Record 7-26-15 Board of County Commissioners C/O Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N . 17th Avenue Greeley, Colorado 80631 970-353-6100 ext 3524; Fax: 970-304-6498 Weld County Board of Commissioner Re: Case 44 COZ15-0001: Weld 34< LLC, c/o EnviroTech Services I would like to strongly oppose the application for rezoning that has been submitted by EnviroTech Services. The rezoning from an agricultural area to industrial is completely at odds with this area . It is beyond my comprehension as to why anyone would want to do this. This area and this community has co-existed for numerous years as a mix of family owned farms, single family homes and businesses. It is a beautiful , peaceful area to raise a family or retire. EnviroTech 's proposal would completely change this area from a gateway to our beautiful Rocky Mountains to a over used, dust ridden, noisy, traffic nightmare. It would open up the doors for any type of heavy industrial use. This area and the surrounding farms, businesses and homeowners would lose their way of life. The investments made in homes, businesses and lands would all be for naught as values would be lost. I am asking that EnviroTech's application please be denied. We have a right to our investments and the quality of life that goes with them. Thank you, Joyce Johnson Indian Head Estates Johnstown, CO 80534 EXHIBIT 1 I (9 27687 Hopi Trail Johnstown, CO 80524 July 27, 2015 Weld County Commissioners and Weld County Planning Commissioners c/o Diana Aungst Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Planners and Commissioners: I want to voice my strong opposition to COZ15-0001, the proposed rezoning of the land south of Route 34 east of County Road 13. The developer wants to rezone this land for heavy industrial use. We've already been through a similar battle with Martin Marietta, and found that industrial uses aren't compatible with this area. How often do local citizens have to make this point? attended the Planning Commission hearing for the Martin Marietta USR, and was disturbed to hear some commissioners bring up the subject of property rights. Are the property rights of developers the only ones that matter? What about the rights of homeowners that are already here? Don't we have a right to the peaceful enjoyment of our property? After ail, we were here first. Aside from the rights of local homeowners, industrial development here would stifle any other type of development that might occur otherwise. Homebuilding would cease. Any other type of development that might improve the quality of life in the area wouldn't happen. There won't be any Starbucks, or Panera Bread, or dog groomers, or health care providers. There will be just 300 or so citizens and a noisy, smelly, ugly plant of some kind. Unfortunately, I can't give a better description because the developers won't tell us what lies in our future. Please recommend denial for this change of zone. It's not in the best interest of the local residents, and it's not in the best interest of Weld County. Respectfully yours, Susan Oplinger 27687 Hopi Trl Johnstown, CO 80534 EXHIBIT Diana Aungst From: Robert Graham < rgraham929@cox.net> Sent: Monday, August 17, 2015 10:47 AM To: Diana Aungst Subject: Planning Application COZ15-0001 Case #COZ15-0001 For Public Record 952 Tower Ridge Hollow Council Bluffs, IA 51503 August 17, 2015 Weld County Commissioners c.o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld 34 LLC Rezoning Request Weld County Commissioners: We are writing you to let you know our strong feelings against the Rezoning request for Weld County, reference the above planning application from Envirotech. We are frequent visitors to this beautiful area of Colorado and travel on Hwy 34 lots and lots of times. Not only was one of us (Bob) raised in Greeley but he also graduated from high school at Greeley West. We both lived in Colorado for 30 years before being transferred to Omaha with the Union Pacific Railroad in 1997. So we do know the area quite well. When we come to Weld County now, it is unbelievable the amount of traffic that courses through on Hwy 34. Because of the large housing development just to the east of the proposed site, it is frequently impossible just to get on Hwy 34 from the side road of North County Line Road. This is just totally incompatible with the neighborhood, and we want the Weld County Commissioners to know how we feel. Please see your way to opposing this application and try to keep Weld County as rural as it was meant to be. Not only 44 years ago when Bob graduated from Greeley West, and his Uncle operated a farm on the outskirts of Greeley, but now. You must keep the asphalt plants out of our beautiful country roads. As a result of these and other reasons, we ask that you deny this application. Respectfully submitted , Robert D. and Cynthia L. Graham Concerned Former Colorado Residents Sent from my iPad EXHIBIT 1 Diana Aungst From: Kate Brown < kate.brown@thompsonschools.org> Sent: Wednesday, July 29, 2015 3:23 PM To: Diana Aungst Subject: Case # COZ15-0001 EXHIBIT Weld County Commissioners : S This email is intended to express my huge opposition to the request by Weld34LLC to rezone an agricultural to 1 -2 . I am asking you to deny without reservation this rezoning request on legal and ethical basis . There are so many reasons why this is an outlandish proposal, to say nothing of the fact that the application itself is extremely vague which. if approved, could lead to just about anything being done with this parcel . As has been proven, This land is not only adjacent to residential properties : it is also part of the gateway to entering Weld county from the West. What an eye sore it would be to have this developed into what would probably be a heavily industrial area ! Is this how we want our valuable agricultural lands resourced? As you drive west out of Weld county on 34, what do you want to see which would be fitting to the existing residents? The uses Allowed by Right if this rezoning is approved would have negative impacts which in no way could be mitigated and would not have to be mitigated so homeowners in this area of Weld county would be left without any viable options nor avenues to pursue . Envirotech would not have to answer to anyone ! Not even you, as the county commissioners . I ask you to think about that. I am not a "doubting Thomas " kind of person but in this case I truly question the intentions of the folks behind this initiative . In Jane Goodall's masterful book, A Reason for Hope, she implores us all to keep forward in our minds the decisions that we make today for what kind of world those 1 coming after us inherit. She speaks specifically of attempts to conquest land by huge business conglomerates . We have an opportunity here, no, a mandate based on responsibility, to guard our precious land resources. There is only one reason for this request and that is money. I am a capitalist just like most of us, however I do believe that I have an obligation to guard our resources for future generations . I also believe in growth. But I have never, and obviously do not now believe that big business should win out over property owners when the property owners were there first. I would feel differently if homes were built after zonings were changed. I hope that you agree with me. This zoning request has huge negative implications for not just Weld county, not just Northern Colorado. If it is granted, it will be setting the stage for future initiatives across the country, not even just across the county . I know that this may sound alarmist but I hope you will reject this proposal without hesitation after it is given its due hearing. Kate Brown 35 year resident of Larim.er and Weld County 2 Case # COZ15-0001 For Public Record 6645 Apache Road Indianhead Estates, West Subdivision Loveland, CO 80534 July 27, 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request Weld County Commissioners: Dear Commissioners, It baffles me as to why any person or company would be inclined to put an industrial facility adjacent to a busy MAJOR artery to 4 beautiful cities such as Greeley, Loveland, Johnstown and Windsor. I am writing this letter to express my adamant opposition to the request by Weld34 LLC (Represented by Envirotech) to rezone the parcels at the intersection of US-34 and WCR 13 from Agricultural to I-2. I realize that this zoning change allows for a variety of industrial applications to be developed. Once this proper- ty is rezoned, there is very little control over what type of facility will be located there in the future. The company proposing this rezoning has expressed a possible interest in developing a Transloading facility. Considering that this could be the worst-case scenario, it is deplorable to think that this type of facility would be allowed in the up and coming development of the Highway 34 Corridor. It is my understanding that there are joint agreements with surrounding cities that intend to develop this area and encourage positive development and growth along this corridor. The proposed rezoning is in direct conflict with that vision. Why would Weld County community members want to build businesses, new homes or raise their children in this type of area? It will look and feel like you are driving in Commerce City, which is where this belongs. The prospect of developing any kind of heavy industrial possibility here is preposterous and should be denied. Although this rezoning could allow for many types of uses (transloading site, asphalt site, storage site), it is clear that it will allow for an incompatible development in this area. Who knows for sure what it will be, but can you imagine having those trucks, trains and potential disasters happening next to a corridor where 40,000 people travel each day? It is also my belief, that this could be a underhanded attempt by Martin Marietta Materials to have a back up plan should the Special Use permit on the adjacent property be denied. I understand the necessity of facilities such as these. They do have a place in the area. But NOT where they affect so many things negatively. Such as traffic, having a hazardous area close to commuters and established residential communities, visual impact, Traffic delays and commuter hindrance, views of large outdoor storage piles of who knows what, smells, odor, and road hazards from materials. EXHIBIT The I-34 corridor vehicular traffic is estimated to grow to 67,000 commuters a day in the next 20 years. This allows for 2. 1 million opportunities a MONTH for the County and surrounding cities to benefit from retail revenue, taxes, property taxes and booming growth for the area. How does this compare to the financial gains of an asphalt plant or transloading facility? And we cannot forget the importance of tourism and the draw to the area. This could negatively affect drawing people to our community from other states, which also increase our revenues to the area. This would NEGATIVELY IMPACT future growth of this area and our communities. This too adds revenue to the surrounding area. We need people to want to live here, develop businesses and commercial and retail fa- cilities that will create an environment along this I-34 corridor that encourages growth and a quality of life that people will seek out. PLEASE allow the current vision for this area to continue. Please DENY the rezoning request by Weld34 LLC (Represented by Envirotech) to rezone the parcels at the intersection US-34 and WCR 13 from Agricultural to I-2. Sincerely, Ron a Bogart 6645 Apache Road Loveland, CO 80538 Indian Head West Subdivision Case # COZ15-001 For Public Record July 26, 2016 Board of County Commissioners c/o Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services P.O. Box 758 Greeley, CO 80632 RE: Planning Case #COZ15-0001 - Weld 34, LLC Rezoning Request Board of County Commissioners: As 10+ year residents of Indianhead Estates West, we were disappointed to learn that yet another assault on this neighborhoods way of life has been submitted to Weld County Planning for review in the form of a rezoning request — from an existing district of Ag or Agricultural to a proposed district of 1-2 or Industrial - for the 63 acres just across my neighbors west property line. We are strongly opposed to this re-zoning proposal , as we feel, similar to the current Martin Marietta Materials (MMM) application, that this particular zoning district type, allowing incompatible industry, is not compatible with the existing surrounding land uses and we ask that you DENY this request. The vague (actually non-existent) details of the current application make this a difficult case to criticize (or for that matter even consider supporting) , given there is so very little to evaluate. We could/should presume a "worst case" scenario where potential land uses of any sort of a heavy industrial use such as those "Allowed by right" or as an "Accessory Use" in an 1-2 district - and such as the applicant has proposed to the County [e.g . a transloading facility], which do not meet the requirement of the County Code that "re-zoning should be compatible with the current and future uses of the adjacent landuses". We would consider an 1-2 district fundamentally incompatible with our neighboring residential area, the landuses of the good folks west of County Road 13 and the land owner's north of Highway 34 in Windsor. Residents questioned the "gateway" opportunity that would be wasted at the Weld / Larimer County lines at WCR 13 at the July 21st Planning Commission meeting in discussion of the MMM permit application . A re-zoning approval would further complicate those concerns by allowing industrial uses to be located even closer to the Highway 34 corridor that MMM is proposing . The 1-2 designation is not in alignment with the Town of Johnstown's resolution against this particular proposal and is also contrary to the vision the City of Greeley expressed at the recent MMM planning commission meeting for this corridor. We speculate that if the MMM proposal is denied and this re-zoning case is subsequently approved, that MMM could simply move/relocate their facility a half mile to the north, without the public input and criticism. This would be a tragedy for all involved with the exception of MMM and the Weld 34, LLC ownership group. We've got one chance to get this right. We need plan ! EXHIBIT This is a very important regional planning issue with ramifications that would affect generations of development opportunities and patterns moving forward. This is not the time to be making short term, very complicated long range planning decisions without significant study. As a subset of the Northern Colorado community, we (Greeley, Johnstown, Windsor, Loveland , Larimer and Weld Counties and its constituents), need to slow down, step back and consider the many acceptable, more compatible landuses that make for possibly more appropriate immediate adjacent neighbors along what is no doubt the most heavily traveled and arguably the most important east-west corridor in all of Northern Colorado. We urge you to review the application materials closely, and consider these many industrial (potential?) impacts with much thought. These types of planning and development decisions are vital, and we look to our leaders to make sound decisions that benefit your constituents. We appreciate the opportunity to voice our concerns, and no doubt, will hear from us again once more detailed development plans are revealed. We look forward to seeing you again at the forthcoming hearing next month. Respectfully, Jeff and Mary Kroeger 6751 Apache Road (Indianhead Estates — West) Johnstown, CO 80534 ikroeger(cbhadesign. com 27687 Hopi Trail Johnstown, CO 80524 15 July 2015 Weld County Commissioners and Weld County Planning Commissioners c/o Diana Aungst Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Planners and Commissioners: I would like express my strong opposition to COZ15-001, the proposed rezoning of the land south of Route 34 and east of County Road 15. The developer, Weld 34 LLC, see this land as an opportunity for industrial development becauseiof its proximity to both Union Pacific and Great Western tracks, offering a potential customer access to both railroads. Let me make the following points: 1. Union Pacific tracks do not enter, and are not adjacent to, the property. Thus it is not clear how this site would provide a developer access to the Union Pacific Railroad, in turn raising questions about the intentions for the use of this site. 2. Great Western tracks traverse the northwestern corner of the property for 968 feet, a distance far shorter than the length of a typical train. This implies that any arriving train would block traffic on either Route 34 or County Road 13, depending on the direction of arrival. 3. Weld 34 LLC has not addressed the question of how trains might arrive at this site. Given these 3 points, it is hard to see how this property could be put to any industrial use requiring rail transportation without very seriously impeding highway traffic flow in the region. This is further evidence that the rezoning of this area is incompatible with the surrounding area, and with the goals of Weld County as a whole. Please recommend that the County Commissioners deny this application. Respectfully yours, 11J Gary Oplinger 27687 Hopi Trl Johnstown, CO 80534 EXHIBIT Case #COZ15-0001 For Public Record July 30 2015 Lisa Piraino 27660 Hopi Trail Loveland, CO 80534 970-300-1000 lisap@Ipbroadband . net Board of County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N 17th Ave. Greeley, CO 80631 daungst@weldgov.com RE: Planning Application COZ15-0001, Weid34 LLC Rezoning Request Weld County Commissioners, Based on the input from the planning staff, the Planning Commission voted to recommend denial for the USR applicant, Martin Marietta Materials. It is incompatible to the area AND THERE ARE TOO MANY UNKNOWNS to grant approval. An even scarier scenario would be the 1-2 rezoning of land adjacent to Hwy 34 at WCR-13. In this case, the applicant doesn't even have to disclose his intentions — once again, TOO MANY UNKNOWNS! Commissioners, this is the gateway to Weld County. As one travels east from the beautiful Rocky Mountains, through Loveland, past the Centerra developments, the entrance to our county would not be a pretty site ! There needs to be vision for the future as stated by all the neighboring cities. I ask that you deny this application . Respectfully submitted, Lisa Piraino EXHIBIT La€ Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 RE: Planning Application COZ15-0001, WeId34 LLC Rezoning Request Weld County Commissioners: As a Weld County property owner on CR 15, just south of Hwy. 34, my 30 acres sits just east of the property in question for this rezoning request. You have recently denied the Martin Marietta request, and now you have a new request for industrial zoning at the intersection of WCR 13 and Hwy. 34. I am strong opposed to this rezoning request for the same reasons I was opposed to the Martin Marietta request. First, it is entirely possible, if this new parcel were to be rezoned as industrial, for Martin Marietta to buy the property from the existing owners and set up a concrete/asphalt plant on this location which is adjacent to MM's original request. When CLR-34 met with Mr. Tim Pike of Envirotech, he did not eliminate consideration of any potential uses for the property during that conversation, including sale of the property to Martin Marietta. These spot re-zoning proposals are a real boon to individual property owners because corporations (like Martin Marietta) are willing to offer tens of millions of dollars for such properties. It's the equivalent of winning the lottery for the individual landowner. However, a vote in favor of the rezoning would be to the detriment of all other property owners in the area. It is NOT in the best interests of other property owners like myself. Industrial zoning is simply not compatible with the existing property, which makes rezoning of the property to "industrial" a violation of the county code. Nor is it compatible with the future plans for the area envisioned by surrounding communities. In addition to Indianhead Estates, which is adjacent to this property, there is residential property less than a mile to the east off CR 15 and less than a mile to the west in Larimer County. There is no other heavy industry in the area. Compatibility requires that no one living/working in the area will have to make significant life changes. The toxicity, the noise, light and ground water pollution, and the traffic patterns of heavy industry will have a significant effect on the well-being of current residents. These are not minor inconveniences; these changes impact health and well-being on a daily basis. Weld County Road 13 is going to become Colorado Boulevard. This is a given. Heavy industry is not the kind of development you want to see on this Colorado Boulevard parcel. Once zoned "industrial" and given over to heavy industry, the domino effect will occur and heavy industry will blight the area. On the other hand, residential, commercial, and light industry would benefit the area, and would not generate the environmental harm or blight brought by heavy industry. I know that future plans are incomplete for the county as well as the communities of Johnstown and Windsor. But approval of this rezoning request would virtually eliminate other, more favorable options for development. It would also serve as an "eyesore" on Hwy. 34 as you enter Weld County from Larimer County. Please deny the rezoning request for this parcel. Sincerely, Diane Schwalm Reid 502-681-2886 dreid@ius.edu EXHIBIT July 30, 2015 Holly Cummings 26700 Weld County Road 13 Johnstown, CO 80534 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services :1555 N. 17th Ave Greeley, CO 80631 For Public Record Re: C0Z15- 0001, Weld34 LLC Rezoning Request Weld County Commissioners: I strongly oppose the request by Weld34 LLC to rezone the parcels from Agriculture to 1-2 . As Mr. John Franklin, Town Planner for Johnstown, mentioned at the Planning Commission hearing for Martin Marietta (USR 15-0027), on July 21, 2015, "like attracts likeTM, If Martin Marietta is denied and this rezoning is approved, MM could move into this site and bypass the crucial USR and comprehensive analysis process. This would be a travesty. Any industrial zoning does not belong in this neighborhood. This is the gateway to Weld County which has a rich agricultural heritage and is one of the top crop producers in the United States. The proposed rezoning is on prime agricultural land. I was concerned as a comment was made at the Planning Commission meeting for USR 15-0027 stating the land is not prime agricultural land and it's only ^'130 acres that would be taken out of production. €f we have this mindset, slowly and continuously, prime agricultural land will be taken out of production at an alarming rate. We need to continue to value the agricultural land of Weld County. I've reviewed the applicant's application and although very vague as to what they plan, it even states under 11. Goal #3 "A traffic study will be conducted once a use is determined..." They do mention they plan on using the Great Western Railway, which will impact local residents in indianhead and along the rail line as rail traffic, noise and pollution will increase and quality of living will decrease. The organized group of our area has met with Mr. Pike of Envirotech and he did not provide any information on their plans and did not eliminate any potential uses that wouid be Allowed by Right. EXHIBIT 3 Under F. Goal #1 it states: Consider the compatibility with surrounding land uses and natural site features. The uses that would be Allowed by Right in the 1-2 district are NOT COMPATIBLE with the surrounding agricultural land use and residential neighborhood. Again, just like the Martin Marietta application, Weld34 LLC plans on buffering with berms, landscaping and fencing. The residential neighborhood will continue to have its views taken away if we allow this COZ. The noise and visual impacts won't be solved by trees, berms and fencing. Noise travels and since they sit at a higher elevation they will be able to see and hear a large percentage of the operations that will occur at the site. As stated in the Weld County Code 1-2 will create visual impacts. This site is right along HWY 34 where THE County begins. What a welcome sign for Weld County! It isn't right and doesn't belong. This will create a large negative visual impact ! Please deny COZ15-0001 as the uses will not be compatible with the surrounding land uses. Thank you for understanding, elt Lt rte' g Holly mmin s U Diana Aungst From: Richard Grimaud <trailguy46@gmail.com> Sent: Thursday, July 30, 2015 6:43 PM To: Diana Aungst Subject: Letter to Commissioners Case # COZ15-0001 For Public Record Richard Grimaud 1744 Goldenvue Dr Johnstown, CO 80534 29 July 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17h Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request Weld County Commissioners: I am writing to express my strong opposition to the request by Weld34 LLC (Represented by Envirotech) to rezone the parcels at the intersection US-34 and WCR 13 from Agricultural to I-2. Although the COZ15-0001 application is extremely vague,it's clearly a serious threat to both the surrounding Neighborhoods as well as the future of Weld County. Although this is being presented as a one time event, I believe that it will set an unwelcome precedent for future County development. The current growth development plans that Greeley, Windsor, and Johnstown have for this area are more compatible with the existing agriculture, residential, and light businesses currently in place. I view this plant as creating a "Commerce City North" appearance. And totally out of place. Having listened to hours of MMM's presentation at the recent Planning meeting I'm left with even more questions than answers. Foremost is the loss of prime farm land with no offset. Secondly, water quality issues abound. With a reservoir and ditch water close by, there is the high probability of contamination. The run off water used in preparing the aggregate recycle material could contain high amounts of unknown chemicals. MMM has other facilities that could surely be adapted to the uses they're proposing. Rail access is available throughout the county - close by some of they're existing facilities in fact. There is no free lunch and every action has a consequence. My property taxes have gone up twice in the past 5 years. If they have to go up again due to MMM being located in a less desirable location for them, then raise them again (not too much, please). What may be the best for MMM may not be the best for those currently in the proposed area, or the County in the long run. Growth happens. Planned growth requires commitment, hard work, and a clear vision. This project does not fit in the plans currently in place. As a result of these and other reasons, I ask that you deny this application. EXHIBIT Respectfully submitted, ll 1 Richard C. Grimaud 2 Diana Aungst From: Ellen De Lorenzo < nvr2grn@gmail.com > Sent: Thursday, July 30, 2015 8:28 PM To: Diana Aungst Subject: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Case # COZ15-0001 , For Public Record July 30, 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave Greeley, CO. 80631 Weld County Commissioners: I am writing to express my strong opposition to the request by Weld34 LLC (represented by Envirotech) to rezone the parcels at the intersection US-34 and WCR 13 from Agricultural to I- 2. The future of Weld County is at a vital turning point with proposed actions such as this. Precedence for future industrial development is both unwanted and unwise. While the COZ15-0001 application is vague, it poses a clear threat to area neighbors and future growth opportunity. Given the prime agricultural area as cited by the USDA, we need to protect this valuable resource for our community, our state and our nation. Once it is contaminated with chemicals and industry an extremely valuable commodity is gone. Dwindling agricultural areas are cause for great concern across our land. This plant gives the entry to Weld County the look of County Commissioners not caring about its residents or its visitors. Foremost is the loss of prime farm land with no offset or thought to appealing alternatives: consider growing our county to a Napa or Palisade Valley North...how wonderful would that be? With this plant, water quality issues abound: There is a reservoir and ditch water close by, fueling high probability of contamination. The run off water used in preparing the aggregate recycle material could contain high amounts of unknown chemicals. The current Greeley MMM facilities could be adapted to the uses they're proposing. Dwindling resources demand we start re-using commercial ventures as well as individuals with cloth bags at the market. Rail access is available throughout the county - close by existing facilities as well. What may be the best for MMM is not the best for the proposed area, or the County in the long run. Change is the constant. Smart growth requires commitment, hard work, and a clear vision. This project does not fit in the plans currently in place, nor should it fit any future vision. Think green, agricultural and reuse. This application needs to be denied. Thank you for your time. Ellen De Lorenzo EXHIBIT 1744 Goldenvue Drive I 36 1 Johnstown, CO. 80534 2 Case # COZ1S-0001 For Public Record 6681 Apache Road Johnstown, CO 80534 31 July 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: I am writing to urge you to deny the request by Weld34 LLC to rezone the parcels at the intersection of US34 and CR13 from agricultural to industrial (1-2). As you know, rezoning the land near US34 and CR13 to industrial (1-2) exempts the current and future property owners from having to get approval for allowed uses by right, which include uses that are incompatible with the surrounding area. If you deny the Martin Marietta Materials (MMM ) USR application, for example, but the adjacent land is re-zoned industrial, MMM may be able to proceed with building a temporary asphalt and concrete batch plant, even though it will be incompatible with neighboring land uses. Other possible uses if the parcel is rezoned industrial, such as a crude oil transloading facility, would also be incompatible with surrounding land uses. Allowing the land near US34 and CR13 to be rezoned industrial is not consistent with local municipalities' visions for that area (see the referrals submitted by Windsor, Greeley, and Johnstown to the MMM USR application). Approving the rezoning could set in motion a transformation of the US34 corridor from a mix of agriculture, residential and commercial land uses consistent with the vision of local municipalities to a mix of heavy industrial and commercial land uses that increasingly creates a hostile and unhealthy environment for residents and an unsightly entrance to Weld County. Population is growing on the eastern edge of Loveland, more businesses are locating near Centerra, and commuting between Loveland and Greeley appears to be increasing. Converting the land near US34 and CR13 to heavy industrial uses is likely to halt commercial and residential development and may exacerbate traffic congestion by adding substantially more truck traffic. PLEASE deny Weld34 LLC's request for a change in zoning. Respectfully submitted, itiaAWYL*44.1WZ, Ellen Eliason Kisker EXHIBIT 13( July 31 2015 Mr. Jim Piraino 27660 Hopi Trail Loveland, CO 80534 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: Dear Commissioners: Thank you for taking the time to read this. I am a 10 year resident of Weld County. I chose to retire here and follow my children and grandchildren, all also residents of Weld County. After carefully considering a location that was close to hospitals, shopping, entertainment and all the other things needed in life I found the perfect spot, Indianhead Estates, located on the western edge of Weld County ! It was and is perfect for me. I proceeded to build my dream home investing well over $500,000. After all, this was to be my last home and I wanted it perfect. I soon found Indianhead Estates to be more than a housing tract, more than your average neighborhood... simply put, it is a lifestyle... ! How many people can name each of their neighbors and their children ? The neighborhood events are many but include an annual pig roast attended by 400+ people, pizza parties in my backyard where we cook as many as 20 pizzas in my hand built pizza oven ... did I mention 3 outdoor weddings? Evening BBQ's and roasted marshmallows by the open fire pit... and much, much more ! I researched as much information as I could find regarding the potential land use for Ag lands to the west and east of Indianhead Estates. I always assumed it would be developed at some point. Nothing I found led me to believe it would be granted a USR for intensive industrial use as the Martin Marietta application requests (# USR 15-0027) or some other heavy industrial use. I pray that you agree with the majority of referrals, surrounding communities, the Weld County Planning Staff, the Weld County Planning Commissioners and a host of others to deny Martin Marietta a USR permit. EXHIBIT This proposal (COZ15-0001) is actually worse with far greater potential impact than the MMM USR request. First of all, it is adjacent, very close to many homes, adjacent also to Highway 34. And for what use? It is so potentially conflicting to this area that the powerful business interests such as the McWhinney brothers and others do not want their ultimate use disclosed. They deny nearly 300 people in the close adjacent area the opportunity to oppose this proposal on its absence of merit on technical details, leaving us to oppose it based upon wanting to retain this pristine quality of life, mountain views, gorgeous sunsets, quiet mornings and evenings and clean air, based upon undeniable incompatibility of the many unknown allowable industrial uses next to our neighborhood setting. We are not opposed to everything but agricultural use, although it can be argued that better- planned and currently available already zoned industrial tracts exist in both Weld and Larimer Counties. My vision is one of recreational, educational campus, governmental or business office uses, hotels, super markets, banks etc. along with the many residential uses... all could be made compatible with our neighborhood and equally attractive in a gateway to Greeley and Weld County. Please keep this incompatible use far away from our neighbors and our properties. Work with the local communities of Windsor, Johnstown, and Greeley and Larimer County on a shared vision for compatible uses, not incompatible ones. I fear the flood gates may open and Indianhead Estates may become a residential island in a sea of heavy industrial use. Please don't let that happen. Industrial use is incompatible to homes and adjacent neighborhoods. Clearly this is the reason zoning exists. Rarely do we see heavy industrial zoning adjacent to prime residential zoning and for good reason, they are not compatible. This proposal (CO115-0001) is for undisclosed industrial use. Many uses would be allowed under this zoning change and the applicant need not declare which use. Ostensibly, you could deny Martin Marietta of their USR Permit and they could lease from Weld34 LLC. Rezoning this land would equate to a blank check to business interests in blatant disregard to a number of long term Weld County residents and voters. Should you allow this rezoning there will be no turning back ! Here are but a few of my concerns: • Obstructed view to the west • Noise from train and machinery • Backup beeping noise • Noise from the site interfering with those who work at home • Traffic concerns • Increase in commute times due to increased traffic • Traffic congestion at the intersection of U.S. Highway 34 & CR13 and CR15 • Traffic delays on U.S. Highway 34 the gateway to area that will kill future growth • Trains blocking County Roads (County Road 15, County Road 17, 54, etc.) • Decrease in property values • Decrease in quality of life for the residential properties surrounding the site • Air pollution • Water pollution • Seeping of chemicals into the ground water • Inability to sell or re-sell homes • Families not being able to enjoy the outdoors due to odors, dust, and noise • Safety concerns for children due to increased truck traffic and rail • Disruption of the peace and quiet I, my neighbors and everyone who travels or will travel Highway 34 in the future, ask that you deny this application . Respectfully, Mr. Jim Piraino 970 300 1000 Diana Aungst From: Linda Liggon < lindaliggon@gmail.com > Sent: Friday, July 31, 2015 1:52 PM To: Diana Aungst Subject: Case #COZ15 -0001 Case #COZ15-0001 For Public Record 6900 Commanche Ct. (Indianhead Estates, East) Johnstown, CO 80534 July 27, 2015 Weld County Commissioners c/o Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N . 17th Avenue Greeley, Colorado 80631 RE : Planning Application COZ15-0001, Weld34 LLC Rezoning Request EXHIBIT 133- Weld County Commissioners: I am writing to express my strong opposition to the Weld34 LLC application to change the zoning on the parcels at the intersection of US-34 and WCR 13 from agricultural to 1-2. These parcels are located next to a well-established residential neighborhood (lndianhead Estates) and close to other residential properties on County Road 13 . I find it totally unacceptable to open this area up to any kind of heavy industrial development. Industrial development would be completely incompatible with the high concentration of personal residences in this area . This type of development is also incompatible with the current community plans of Johnstown, Windsor and Greeley. Envirotech 's representative refused to clarify or limit any of the uses Allowed by Right in an 1-2 zone when he met with our neighborhood group. Many of these uses would have severe negative impacts on our area. If this rezoning application is approved, there would no longer be a forum for public input. The current (or future) owners would have no incentive to mitigate negative impacts on the area as long as their plans adhered to the uses Allowed by Right. Theoretically Martin Marietta could bypass the county planning process and either move their plant to this site or expand the one they have proposed in USR 15-0027. Since these parcels are 1 adjacent to US-34, they would be highly visible from the highway. They could easily become an eyesore for residents of the area as welt as for people using US-34 to enter Weld County. This application is very vague with no specified limits on how this land would be used. I see it as a real threat to future development in our area. It would benefit no one except the current and future owners of those parcels and would relieve them of any further responsibility to work with the County or the local citizens. I ask that you deny this application . Respectfully submitted, Linda L. Liggon 2 Case COZ 15-0001 RECF 'JFD For Public Record JUL 31 2015 Lynn Bosack Weld County Planning Department 6610 Algonquin Drive GREELEY OFFICE Johnstown, CO 80534 Weld County Commissioners c/o Diana Aungst,AICP,CFM Planner Weld County Department of Planning Services 1555 N 17th Avenue Greeley, CO 80631 RE: Planning Application COZ15-0001 Weld 34 LLC Rezoning Request I sit here thinking about the zoning request again it reminds me of a person suffering from a life changing disease. The doctors say with treatment they may be able to slow down this problem but they cannot guarantee that it won't come back again. So we take the treatment and hope for the best will happen. Perhaps my example is extreme but there is this threat to our homes and our standard of living that others don't see the same as all of us do. The issue of compatibility heavy industrial zoning next to residential homes would seem like a non issue for all people to see. How this will effect the future of the whole area remains to be seen but once it starts how can it be stopped as the precedent has been set and to reverse a precedent can almost be an impossible task. The types of facilities being viewed for this project although not set in stone simply cannot be allowed to exist as our health and welfare of all residents is at stake. The negative impacts are too great to ignore. Please use your powers to deny this application as the wrong type of development for this land. Again deny this application. Thank you Lynn Bosack 71-r-vti EXHIBIT Case # COZ 15-0001 For Public Record rF C E ,J V F D 6610 Algonquin Drive J U L 31 2015 Johnstown, .CO 80534 Weld County Planning uepartniei�t GREELEY OFFICE Weld County Commissioners do Diana Aungst,AICP CFM Planner Weld County Department of Planning Services 1555 n 17th Ave. Greeley, CO 80631 Re: Planning Application COZ 15-0001 Weld 34 LLC Rezoning Request Here we go again. This time it is for a rezoning of the property adjacent to our homes. It is my understanding that if this property is rezoned to industrial that any use decided by the owners could simply bypass the analysis of compatibility with our homes and our lifestyles. It could be resold to Martin Marietta who could then proceed to put up their facility that was rejected by the planning commission. Why did we go through this process to have this come in the backdoor and ignore the planning commission. The negative effects of this rezoning would have such a bad effect on this whole area that our lives would never be the same. We are not against development. Just heavy and dirty industrial development. There has to be other properties for heavy industrial sites that have a less negative effect an established neighborhood of mostly retired people who have invested their lives into their homes as their main late in life investment. Perhaps there is no room in rezoning deliberations to take the human factor into consideration. If that is so we surely have become a callous government. As a result of these reasons, ask you to deny this application. 74*, • Carl Bosack EXHIBIT I Diana Aungst From: Olga Wallace <olgawallace43@gmail.com > Sent Saturday, August 01, 2015 12:13 PM To: Diana Aungst Subject case # COZ15-0001 Case # COZ15-0001 For Public Record 27657 Blackfoot Road Johnstown, CO 80534 31 July 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request Weld County Commissioners: I strongly oppose the rezoning of this agricultural land to industrial. Envirotech could use this land to make pollutants and dangerous chemicals. It would be the beginning a horrible nightmare. Our health and well-being is being threatened (please do not let this happen). As Envirotech has not identified what it is going to do, it is reasonable to believe that all of worst pollution will occur as they clearly are seeking to conceal their intentions. These pollutants could include dust, smell, noise, heavy metals and water contaminates. There is a irrigation ditch that runs across this property that would act as a collector of contaminates with rain runoff Oil and chemical spills would be carried off into the irrigated fields. Consumers (human and animal) of the contaminated crops would be subjected to illness and other effects of this poisoning. Wildlife would also be impacted. As a result of these and other reasons, I ask that you deny this application. Respectfully submitted, Olga Wallace EXHIBIT I _43(0 Case # COZ15-0001 For Public Record 6900 Commanche Court ( indianhead Estates East) Johnstown, CO 80534 August 1, 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re : Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: This letter is to serve as my fierce opposition to the rezoning request made by Weld34 LLC to rezone two parcels located at the intersection of US Highway 34 and Weld County Road 13 from Agricultural to 1-2. Below is a list of my major concerns. This is not intended to be a complete list of all my objections. 1. Without knowing the specifics of the planned uses, we must expect the worst case scenarios. My initial concern would be that there would be a loss of public input on the potential uses that would be "allowed by right" if the zoning was changed to 1-2 . A Martin Marietta asphalt plant and concrete plant could be one of many to be considered as worse case scenarios. The possible impacts on health, safety, environment and traffic would never have to be addressed . 2. The establishment of an isolated 1-2 zone between two existing residential areas would allow uses that would not be compatible with surrounding uses which would be in direct violation of Section 23-2-30 A-2 of the Weld County Code. 3 . In trying to imagine all of the possible uses allowed in an 1 -2 zone, the visual impacts of the various possibilities including but not limited to outdoor storage, trans loading, asphalt or concrete plants, oil and gas support services would be an eyesore on the community and have a lasting negative impression for travelers entering and leaving Weld County. I would hate to see this section of Highway 34 start to resemble Highway 85 heading toward Denver. EXHIBIT 4. If approved, it could attract other industrial related businesses and lead to the expansion of industrial areas against the wishes of local residences, communities and towns who have already expressed their opposition to this proposed zoning change. 5 . The only changes in this area, over the past few years, have been the expansion of Indianhead Estates and the addition of approximately 28 residences. The current zoning is not in question and does not warrant any changes in zoning in the surrounding area . 6. I am also in full agreement of all of the points of objection made by the CLR-34 Neighbor Association and its president, David Kisker. 7. If Forrest Gump was commenting on this proposed zoning change, it might sound something like this : "Rezoning the parcels at the intersection of US Highway 34 and WCR 13 from agricultural to 1-2 would be like a box of chocolates; you never know what you're gonna get." I would agree with him and I am not willing to take that gamble . As a result of these and other reasons, I respectfully request that you deny their application . Sincerely, ,,a4)ati A &-ea Larry A. Sipes Diana Aungst From: Kathleen Quam <quambk@gmail.com> Sent: Saturday, August 01, 2015 4:25 PM To: Diana Aungst Subject: Planning Application COZ15-0001, Weld 34 LLC Rezoning Request Case # COZ15-0001 For Public Record William and Kathleen Quam 6830 Lakota Ct Johnstown, CO 80534 Indianhead Estates August 1 , 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 RE: Planning Application COZ15-0001 , Weld 34 LLC Rezoning Request Weld County Commissioners: We are writing to express our STRONG opposition to the request by Weld 34 LLC (represented by Envirotech) to rezone the parcels at the intersection of US-34 and WCR 13 from Agricultural to I-2. Although the COZ15-0001 application is extremely vague, it is clearly a serious threat to both the adjacent neighborhoods of those in Indianhead Estates, the community of Kelim, property owners on CTY RD 13, and those surrounding the area. The change in zoning to I-2 would allow some of the following Uses Allowed By Right to be conducted on the property, all causing a negative impact to the surrounding property owners. Transloading, Asphalt plants, Oil and Gas Support Services, Outdoor Storage, and disposal of Domestic Sewage Sludge. Any of these Uses Allowed By Right would cause Offensive Noise, Offensive Odor, dust, additional truck and train traffic. These Uses Allowed By Right are definitely NOT COMPATIBLE with the surrounding land uses. Not to mention the visual impact to the area. The Highway 34 corridor is comprised of residential and commercial property. The towns of Greeley, Johnstown and Windsor plan to develop the area with residential and commercial. The rezoning to I-2 will negatively affect those plans as well the efforts they have already achieved. EXHIBIT 1 I 33N Approval of this application to 1-2 will certainly result in a domino effect causing other attempts to "industrialize' this area. This is obvious with this application (COZ15-0001 ) following on the heels of Martin Marietta Materials USR 15-0027 Is this application to rezone this "adjoining" property after Martin Marietta's USR request a "coincidence" ? This application by Weld 34 LLC is vague and the intention by the applicant is unclear. Once zoning is approved the Uses Allowed By Right are subject to LESS SCRUTINY and there is usually NO opportunity for PUBLIC INPUT. So, the allowed uses are allowed without further consideration. Therefore, no consideration is given to the negative impact it will have on those in the surrounding neighborhoods. Approving this rezoning request by Weld 34 LLC would be detrimental to the health, safety, welfare and quality of life of the surrounding neighborhoods. We ask that you DENY this application. Respectfully, Bill and Kathy Quam 6830 Lakota Ct Johnstown, CO 80534 2 Diana Aungst From: Kate Brown < kate.brown@thompsonschools.org > Sent: Sunday, August 02, 2015 10:48 AM To: Diana Aungst Subject: Application COZ15-0001,Weld 34 LLC Rezoning Request Weld County Commissioners : Eyes- wide open we always knew that the proximity to Loveland, US 34 and as a gateway to Greeley and Weld County, that some kind of development adjacent to our home may eventually happen. A similar neighborhood of large lot homes, a planned unit development, or even a well planned and executed commercial extension of I25 -34 or Centera like development may occur. Never did we believe a rezoning to such an inappropriate and conflicting use as heavy industrial zoning would ever be considered, especially a use that is being purposefully hidden from us as part of the application. Second, we in our extended community have worked hard for six months to convince the Weld County planning staff, the Weld Planning Board, and hopefully, the commissioners, to deny Martin Marietta Minerals a USR on the adjacent parcels to this proposal . This proposal ( COZ15 - 0001 ) is as bad as or perhaps actually worse, with far greater potential impact than the MMM USR request. First of all , it is adjacent, extremely close to our homes, adjacent also to highway 34 . And for what use? It is so potentially conflicting to this area that the powerful business interests, McWhinney brothers, and others do not want the ultimate use disclosed. They deny nearly three hundred people in the close adjacent area, the opportunity to oppose this proposal on its absence of merit on technical details, leaving us to oppose this based on wanting to maintain our pristine way of life, mountain views, gorgeous sunsets, quiet mornings and evenings, clean air, based upon undeniable incompatibility of the many unknown allowable industrial uses next to our neighborhood. EXHIBIT 1 1 3C1 Recreational, educational campus, government or business office uses, along with the many residential uses , all could be made compatible with our neighborhood and equally attractive in a gateway to Weld County and Greeley . We are asking that you deny any proposal for any level of industrial use do to the undeniable negative impact on our quality of life . Work with the local communities of Windsor, Johnstown and Greeley on a shared vision for compatible uses, not incompatible ones . Granting this rezoning request would result in awarding an unwarranted blank check to business interests in blatant disregard to a number of long term Weld county residents and voters . I and my neighbors have a sense of urgency that you deny this application. Shirley Schwalm Indianhead Estates 15 year resident. 2 Diana Aungst From: Kate Brown < kate.brown@thompsonschools.org > Sent: Sunday, August 02, 2015 11:31 AM To: Diana Aungst Subject: USR15-0027 I appreciate the wisdom of the Planning Staff demonstrated through its actions to deny the Martin Marietta application for USR15 .-027 . It is a just decision. Now you and the same homeowners who fought that application will need to address Tetratech's application to rezone the land just north of the proposed MM site . In this case, though, there is no application specified. The land would be rezoned to Industrial-2 . It will be attractive to heavy industrial firms because of its proximity to two railroads . While there are many possible uses, we can say this with absolute confidence : 1 . The application will be built on prime agricultural land. 2 . Such land use will violate WCC 22-2-20 . G1A Policy 7 . 1 3 Such land use will violate WCC23 -2-220.A .3 . We can also conclude that the following are likely : 1 . The application will be noisy, particularly because of the use of rail transportation 2 . The application will very likely emit dust, odor, and/or toxic fumes. 3 . As trans-loading is a likely use, traffic congestion is a highly likely reality The analysis of the application for USR15 -0027 has shown that this area is not compatible with heavy industry, and any development should be restricted to less intense applications . Please keep this in mind as you begin to analyse this case . EXHIBIT 1 140 Respectfully, 2 Diana Aungst From: Leonard Leinweber < leinsweb@Ipbroadband.net> Sent: Sunday, August 02, 2015 4:40 PM To: Diana Aungst Subject: Case # COZ15-0001 Case # COZ15-0001 For Public Record Judy Leinweber 27823 Blackfoot Road Johnstown , CO 80534 August 2 , 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request EX(4HIBIT x, Weld County Commissioners: ( On June 21 , 2015 I wrote a letter to you asking you to deny Martin Marietta's request to build an asphalt/ concrete plant per Case # USR 15-0027. In that letter I stated, "After speaking to a Martin Marietta representative at a recent meeting , Martin Marietta believes they have this project in the bag and have no other plans if it is denied . I am putting my faith in you that this is NOT A DONE DEAL, 1 and ASK YOU AGAIN TO REJECT Martin Marietta's application!" Since then I have learned that I was wrong . It appears they do have another plan in place when you deny Case # USR 15-0027. I could once again go into detail with reasons why you shoud deny Envirotech's proposed rezoning request Case # COZ15-001 (air, noise, water and light pollution ; incompatibility with the existing community; increased highway 34 and county road truck traffic and deterioration of infrastructure; increased train traffic and diesel fumes; insomnia; lose of wildlife; and just plan grotesque ugliness) , but you already have that documentation . If this rezoning request is approved , it will only open the door for Martin Marietta to get their way and still build their proposed plant a little north . It will just make it easier for them , but Indianhead Estates and the surrounding community will still be affected in the same way. How many times do we have to say NO MEANS NO? As a result of these and other reasons , l ask that you deny this application . Respectfully submitted , Respectfully, Judy Leinweber 2 RFCFJVFD AUG 03 2015 July 28, 2015 Weld County Planning Department GREELEY OFFICE Diana Aungst Weld County Department of Planning Services 1555 N. 17t1' Ave. Greeley, CO 80631 RE: Envirotech/Weld 34 LLC Rezoning Application (COZ15-0001 ) Dear Diana, My name is Rene' Wingerson and I live at 27601 Hopi Trail, Loveland, CO 80534. I am a new homeowner in the Indian Head Estate Subdivision. I am asking you to PLEASE DENY the above referenced rezoning application. The proposed building of the Martin Marietta Materials Asphalt, Concrete and Aggregate Plant would be directly behind our home and right now we enjoy the openness of our backyard, thus is why we purchased a home on an acre lot. The current farmland, view of the Rocky Mountains, and the wildlife are a few of the amenities that we cherish and they will be destroyed if the property is rezoned to industrial use. There has to be another site that can be utilized that would perhaps be in an already industrial zoned area? Please keep this area as the designated farmland that it currently is! Thank you! Sincerely, . Varlitj ene' Wingerso EXHIBIT Case # COZ15-0001 For Public Record RrCAED AUG 03 2015 Mr. and Mrs. W. Scott Fenton 6720 Apache Rd. Weld County EGRELEYn0FFICEing rtment Johnstown, CO 80534 27 July 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re : Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: We are writing to express our strong opposition to the request by Weld34 LLC (Represented by Envirotech ) to rezone the parcels at the intersection US-34 and WCR 13 from Agricultural to 1-2 . We have owned this home in Weld County for more than 10 years and worked at North Colorado medical Center for many more contributing to the betterment of Weld County. This application is a threat to our own neighborhood and surrounding neighborhoods as well as Weld County today and tomorrow. Below are our reasons for our strong opposition which have been researched and agreed upon by our entire organization who has worked diligently to not only support our neighborhood but the future of Weld County - you : 1 . The "spot rezoning" would be detrimental to the surrounding property owners. 2 . We have been told by our President that our organization, CLR-34 has met with Mr. Tim Pike of Envirotech who responded to us in a less than satisfactory manner. He provided no further information and refused to eliminate potential uses that would be Allowed by Right for consideration. Why is that? 3. The current and planned surrounding uses that are envisioned by the Communities of Johnstown, Greeley and Windsor, include residential, commercial and potentially light industrial. All of those communities state that the potential for heavy industry at this location is not acceptable in the Comprehensive plan, or, in the case of Johnstown, in the Town Council's Resolution against this rezoning proposal. When we purchased this home in your county/our county we knew there was some risk of blocking the beautiful views that this county offers but NOT with HEAVY industry! ! EXHIBIT 4. Approval of this application would result in other attempts to industrialize this area resulting in the loss of investments that would better benefit the community and Weld County. 5. There are negative health, safety and well-being impacts on the neighborhood. As healthcare workers who contributed to the health of Weld County for many years we find this unacceptable. Again, we have lived and worked in Weld County for many years. We were attracted to this community because of the economic development and the improvements made for residents by you and your colleagues. Don't take it backwards now. Please deny this application. Respectfully submitted, 7):3-a.4 4-a- Joanne ad Scott Fenton Owner of residential property in lndianhead West for more than 10 years RECEIVED AUG 06 2015 Case # COZ15-0001 Weld County Planning Department GREELEY OFFICE For Public Record Mrs. Mary Yack 2020 W. 10th Ave. D-102 Broomfield, CO 80020 August 3, 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Avenue Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld 34 LLC Rezoning Request Weld County Commissioners : Shouldn't the county show first consideration to the local people and the tax payers of the area? This plan is going to cause a great disturbance to this those already living in the area and those traveling on 34. The traffic is already glutted. The individuals living in the area will be greatly affected by that detriment. It will lower their property values and resale ability. Furthermore, it will lower the living standard and wholesomeness for families in the area . Out of public courtesy, please deny this application. Respectfully, Mrs. Mary Yack "Ma. 6"_-Ahd, relicEXHIBIT 3 - Diana Aungst From: Barbara Moe < barbarajmoe@hotmail.com > Sent: Thursday, August 06, 2015 12:22 PM To: Diana Aungst Subject: Application to change zoning to Industrial COZ 15-0001 We are writing against any rezoning of WCR 13 and Larimer 1 to industrial. This is absolutely unbelievable that anyone would believe that is the right thing for this area. It is the gateway to Weld County going east and the gateway to the Rockies going west and that is the wrong place for all this industrial growth. It would totally change the future growth of our beautiful area to something hideous and totally incompatible with the pristine farmland and the present population . This area is very special because its beautiful view of the mountains is especially lovely. We have lived here thirty years and seen much growth, and enjoyed it. So far, it has been the correct growth because it is full of thriving businesses such as Centerra, many restaurants, luxury high rise apartments and subdivisions of beautiful houses. Trying to mix in this industrial growth is absolutely obscene and wrong. It is very unfair to force people to live with the noise, dust, traffic, pollution, and ruin our beautiful quality of life just so a company can make more money. They can take their plant and go where they should, out away from people. If it costs more, they can afford it. The people that are spending all their time trying to fight off this invasion are the hard working Americans that just want to enjoy the life that they presently have and are working hard to pay for. The traffic on our expressway, highway 34, is already extremely congested, and adding a trans loading station is insanity. Any change of zoning to Industrial would totally change the face of our neighborhood and go against all of the planning that has taken place between the towns the meet in this area. Please don't let greedy people come in here and ruin our lives. We live directly across the street from their proposed industrial growth and it would be so totally incompatible with what we have here. The growth here should be in line with what is here already. Please protect us as our elected officials should . This should not be a hard decision . It is a travesty that Weld34LLC and Envirotech have set their sights on our beautiful neighborhood . Thank you for your time and please vote against this. Dennis and Barbara Moe EXHIBIT 1 1 45 P. FCF ! VFD AUG 07 2015 Weld County Planning Deriaitmeni GREELEY OFFICE Sun, Aug 2, 2015 at 11 :30 AM To: aungs we gov.com I appreciate the wisdom of the Planning Staff demonstrated through its actions to deny the Martin Marietta application for USR15.-027. It is a just decision. Now you and the same homeowners who fought that application will need to address Tetratech's application to rezone the land just north of the proposed MM site. In this case, though, there is no application specified. The land would be rezoned to Industrial-2. It will be attractive to heavy industrial firms because of its proximity to two railroads. While there are many possible uses, we can say this with absolute confidence: 1 . The application will be built on prime agricultural land. 2. Such land use will violate WCC 22-2-20.G1A Policy 7. 1 3 Such land use will violate WCC23-2-220.A.3. We can also conclude that the following are likely: 1 . The application will be noisy, particularly because of the use of rail transportation 2 . The application will very likely emit dust, odor, and/or toxic fumes. 3. As trans-loading is a likely use, traffic congestion is a highly likely reality The analysis of the application for USR15-0027 has shown that this area is not compatible with heavy industry, and any development should be restricted to less intense applications. Please keep this in mind as you begin to analyse this case. Respe telly, (2JLcL a2 eTo ,5 Hop ( -Ty-AA t dA i.; ,to w rd Go 6 S II EXHIBIT Diana Aungst Subject: FW: opposition memo From: Cox Mail [mailto:vickibetton@cox.net] Sent: Tuesday, August 11, 2015 10: 10 AM To: Jennifer Fuller; Mike Freeman; Julie Cozad; Barbara Kirkmeyer; Sean Conway; Steve Moreno; Jennifer Finch Subject: Fwd: opposition memo Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request Weld County Commissioners: Please accept this message as my strong opposition to the Martin Marietta Minerals (MMM) zoning application. This proposal (COZ15-0001) is actually worse - with far greater potential impact than the MMM USR request. As we learned in the July Planning Board hearing - MMM understated the increase to traffic — which will increase nearly 3 fold over their estimates — and they understated the number of employees that will conduct work at their proposed plant. What else have they intentionally understated? Can you trust their estimates on any of the other important environmental issues such as air, noise and water quality? Their solution to the increased traffic concerns is to lower the speed limit on CR34. Please - try to envision the clogged traffic flow that scenario would create from Loveland to Greeley. Try to envision the impact of longer lines of cars waiting far more often at railroad crossings. Try to envision the impact of all that on the quality of air and noise for that entire corridor. At the risk of beating a dead horse — all these environmental issues affect the quality of life for everyone around the region — not just us home-owners who live in the immediate vicinity. Please Commissioners — I implore you to listen to the voices of opposition from Weld County citizens, of surrounding municipal and county leaders, as well as those of your own planning board — and vote against MMM's incompatible rezoning request. Respectfully submitted, Vicki Betton, Executor Dale Horn Family Trust EXHIBIT Property Owner 1074 Poplar, Johnstown CO 80534 1 Lir) The preceding message (including attachments) is covered by the Electronic Communication Privacy Act, 18 U S.C. sections 2510-2512, is intended only for the person or entity to which it is addressed, and may contain information that is confidential, protected by attorney-client or 1 other privilege, or otherwise protected from disclosure by law If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited Please reply to the sender that you have received the message in error and destroy the original message and all copies. 2 Case # COZ15-0001 For Public Record 503 S. County Rd. 1 Johnstown, CO 80534 08/15/2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: My family has owned a 120 acre certified organic farm for 3 generations in the area effected by the proposed rezoning of the 2 parcels at the corner of US-34 and WCR-13 from the Ag zone to 1-2 (medium intensity industrial ). The proposed rezoning and allowed by right uses in the 1-2 district will negatively impact the local economy, degrade the environment and disrespect local landowners who will be effected by these industrial developments and have united in clear opposition against the project. Please consider some of my concerns below: 1) Degradation of Provisioning Ecosystem Services (such as water and food) The disposal of domestic sewage sludge, oil and gas production facilities, and manufacturing plants etc. made possible by rezoning will pollute the environment, negatively effecting the integrity and economic value of my families organic farm and the properties of surrounding (and owners. Degradation of water is of particular concern as this is already a valuable resource in Colorado and degradation would result in huge economic losses to agriculture. At my family's organic farm, Motherlove herbal company grows natural remedies. The integrity and EXHIBIT D 3 value of these natural products would be degraded by both water pollution and wind pollution as would be produced by a cement plant in the area . 2) Degradation of Regulatory Ecosystem Services Increased emissions of greenhouse gasses and other pollutants would contribute to climate change. Colorado is already vulnerable to droughts and fires. 3) Degradation of Cultural, Aesthetic, and Recreational Ecosystem Services The construction of commercial plants, buildings, oil and gas services, and any other industrial initiatives in the area will be visually unappealing, emit disruptive noises, and smells, and degrade the expansive views that make Colorado so appealing to local residents and visitors. This will also be economically damaging by decreasing land values. At our farm we envision ecotourism/ retreat, which will be jeopardized by the results of rezoning the land. 4) Habitat Loss The construction of new facilities and pollution of natural resources in the area will further fragment, and degrade the habitat of indigenous wildlife. Just this year at our farm we observed eagles, pheasants, coyotes, and a large variety of amphibians, birds and mammals. This biodiversity, which also attracts recreationalists and hunters to the area, is threatened by the proposed rezoning project. As a result of these and other reasons, I ask that you deny, this application . Respectfully submitted, Zuri Burns "„),„ �/ r Diana Aungst From: Patricia Worrell < patworr@Ipbroadband.net> Sent: Sunday, August 16, 2015 2:21 PM To: Diana Aungst Subject: Case# COZ15-0001 Dear Ms. Aungst & County Commissioners, Please vote against the rezoning application by Envirotech. This location is in a peaceful area surrounded by residences and farms. This is no place for Industrial activity. Regards, Patricia Worrell 6873 Commanche Court Loveland CO 80534 Indianhead HOA EXHIBIT 1 I Sa__ RECEIVE ,., Case COZ15-0001 AUG 112015 Weld County 27701 Hopi Trail GREELEY LEYOFFICEing rtment Johnstown, CO 80534 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N . 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: Enclosed is a picture showing our property borders Weld34 LLC property. We are one of many homes that border Weld34 LLC on the back road of Indainhead Estates. Please DENY this rezoning from Agricultural to 1-2. Please DENY because it is NOT Compatible with the currant and future uses of our Neighborhoods. We don't need anymore TRAFFIC on Highway 34. Please DENY THIS APPLICATION COZ15-0001 Weld34 LLC REZONING. Sincerely, 0/1// \IA ge Shirley A. Hoskinson 27701 Hopi Trail Johnstown, CO 80534 1 EXHIBIT y ; b. i 4. ... • RECEIVED TO: Weld County Planning Staff JUL 3 0 2015 Weld County Planning Commissioners WELD COUNTY Weld County Commissioners COMMISSIONERS RE: COZ15-001 FROM: S. Collins, 27811 Hopi Trl, Johnstown, CO 80534 (Weld Co.) I live in Indianhead Estates, my backyard abuts the site where Weld LLC 34 is requesting a COZ from agricultural to heavy industrial, and I am writing to protest this zone change. A specific use for this 63 acre property does not appear in-the application ("Use to be determined" throughout) which makes a point-by-point rebuttal impossible. But it is likely that manufacture from raw materials is intended. The owner states that the Great Western railway would be used, and the application mentions Martin Marietta's proposed facility to the South of the property, as a compatible justification for this COZ to industrial. This property could well become the site of an asphalt plant, allowable up to 18 months, and longer, per County Commissioner approval. I'm having "déjà vu all over again." One can therefore infer that COZ15-001 would engender the same kinds of incompatibility with neighboring subdivisions, businesses and travellers on Hwy 34 and CR 13 - and even I-25, which is only 5 minutes away - that were presented at the USR 15-0027 hearing. Such incompatibilities were considered too intense for this site and to have too many unknowns by the majority of Weld County Planning Commissioners. The language used in application COZ15-001 is also of concern, being conditional rather than definitive. The proposers acknowledge that the project "should attempt to be compatible with the region." They "will attempt to" minimize permanent visual scarring, the owner "may develop standards for use, building height, traffic, dust, noise," "will attempt to minimize incompatibilities between industrial uses and surrounding properties," and the owner "may use visual and sound barrier landscaping to screen open storage areas" (which are inadequate in an industrial environment anyway). So there will apparently be open stockpiles of raw materials. The application also states that existing roads will be adequate for any I 1-2 uses, which seems very doubtful, based on the traffic discussion at the Planning Commission hearing for USR 15-0027. The only thing the application states will be done is to hold a neighborhood meeting - but with only 3 weeks until the hearing, this has not been scheduled. I don't want to have to fight endless applications to convert this 131 + 63 acre area for heavy industry. So I have an alternate suggestion for its use. Why not capitalize on this site's location and scenic mountain views as the Eastern gateway to the Rocky Mountains, rather than destroying them with monstrous facilities and industrial effluvia? EXHIBIT Although obviously having potential for residential and/or commercial development - or even for agriculture! - this site is also located in an area which has been identified as having the best economic potential for the development of Colorado's Regional Tourism Authority (RTA) projects. Locally, "Go Northern Colorado" (GoNoCO.org - 1625 Pelican Lakes Point, Suite 201, Windsor, CO 80550) is an initiative to draw a significant number of new regional, national and international tourists to Northern Colorado and to assist private developers. RTA funds are available yearly, and the private developers of such projects are incentivized with fee waivers and tax rebates. The GoNoCO Board includes representatives of a hospital, a bank, computer services, hospitality services, the Mayors of Loveland and Windsor and a Larimer County Commissioner. McWhinney is one of several private partners. Perhaps Johnstown, Milliken and Weld County officials could "liase" with GoNoCO, resulting in mutual benefit in this area of Northern Colorado. A prototype for such use is the current GoNoCO application (submitted to the Colorado Office of Economic Development and International Trade), which is backed by town (Windsor), city (Loveland) and county (Larimer). This initiative proposes "authentic, extraordinary, family-friendly waterand wellness attractions," destination entertainment facilities, event/conference center(s), and the up-scale PeliGrande resort with restaurant, retail, lodging and spa facilities. The 5 major projects in the current application (deadline December, 2015) would be located in Loveland, Windsor and Larimer County and are estimated to bring 306,000 new out-of-state visitors to Northern Colorado each year, $232 million in new state tax revenue over 30 years, $137 million in new tax revenue for Loveland over 30 years and 2319 new permanent jobs to the area. It seems possible that the site(s) at issue in Weld County USR 15-0027 and COZ15- 0001 could be developed to complement - rather than compete with - this GoNoCO project. For example, an antique mall (the closest big one is far away along Hwy 70) and RV park, which could especially attract the increasing number of road-trip tourists. Highways to this area from many states are convenient for RVers who prefer an "off the beaten track" experience. Much of this population has expendable cash, judging from the cost of large Class A "diesel pushers" and might well bring their kids and grandkids, who would enjoy the recreational venues in the current GoNoCO application. Part of such a facility might easily be convertible to other season-appropriate uses in cold weather, such as local festivals and events. The sites have merit as an eastern launch point to the Rocky Mountains and ski areas. I'm sure GoNoCO has other future plans as well, and is perhaps already looking for such a site to expand their initiatives. Collaboration seems at least worthy of consideration, as a compatible alternative to heavy industrialization at this site. Respectfully submitted, grteor) t � ( F� Sharon L. Col ins MD, FACS July 28, 2015 Case #COZ15-0001 1 message SWAIM. lipt.. .hll.. l!es Mon, Aug 3, 2015 at 5: 13 PM ISPIIIMESPIPRILTRIFFRIEMRetrirmilas RECF ! VFD AUG 0 7 %0i5 26858 C. R. #13 Weld County Planning Johnstown, CO 80534 GREELEYOFFI(;iE i Went August 3, 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request Weld County Commissioners: Having already submitted my objections to the Martin Marietta Materials Highway 34 Development proposal, I want to also submit my equally strong objections to issuing a re-zoning permit to Weld34 LLC/Envirotech to use this agricultural land for any industrial purposes. Please DENY this re-zoning request "as incompatible" with this area for the following reasons, though these are only a few: I. greatly increased traffic on Hwy 34 and C.R. 13 along with all other surrounding roads; a traffic light will still leave traffic congested with long lines waiting to enter the intersection 2. greatly increased train and truck traffic; we already have 2417 train and truck traffic at C.R. #13 and C. R. #56 3. the noise level of increased heavy industrial operations 4. fire and accident concerns with huge storage of fuel and chemicals; please consider the hazards to all of us in this neighborhood as well as the environment. 5. destroying beautiful farm land in Weld County 6. most importantly, the potential of opening a door for Martin Marietta to begin their operation on this land if they are denied their USR permit and choose to purchase this 're-zoned land' if it were allowed special Rights with re-zoning I am not opposed to sensible growth in our residential/agricultural neighborhood. We have invested a lot in our home of 28 years on C.R. #13 to enjoy rural Weld County, Colorado, and hope that we can preserve this for ourselves and others for a long time yet May it never lose its 'agricultural status'. It is my sincere hope that you, as a Board of Weld County citizens would vote NO and deny any and ALL requests for 'industrial permits, or re-zoninq permits' on Hwy 34 and County Road 13. Thank you, • EXHIBIT Tim Feinauer timnbette@gmail.com r Sun, Aug 2, 2015 at 10:48 AM To: daungst@weldgov.com Weld County Commissioners: Eyes- wide open we always knew that the proximity to Loveland , US 34 and as a gateway to Greeley and Weld County, that some kind of development adjacent to our home may eventually happen . A similar neighborhood of large lot homes , a planned unit development, or even a well planned and executed commercial extension of 125-34 or Centera like development may occur. Never did we believe a rezoning to such an inappropriate and conflicting use as heavy industrial zoning would ever be considered , especially. a use that is being purposefully hidden from us as part of the application . Second, we in our extended community have worked hard for six months to convince the Weld County planning staff, the Weld Planning Board , and hopefully, the commissioners, to deny Martin Marietta Minerals a USR on the adjacent parcels to this proposal. This proposal ( COZ15-0001 ) is as bad as or perhaps actually worse, with far greater potential impact than the MMM USR request. First of all , it is adjacent, extremely close to our homes, adjacent also to highway 34. And for what use? It is so potentially conflicting to this area that the powerful business interests, McWhinney brothers, and others do not want the ultimate use disclosed . They deny nearly three hundred people in the close adjacent area, the opportunity to oppose this proposal on its absence of merit on technical details, leaving us to oppose this based on wanting to maintain our pristine way of life , mountain views, gorgeous sunsets, quiet mornings and evenings, clean air, based upon undeniable incompatibility of the many unknown allowable industrial uses next to our neighborhood. Recreational , educational campus, government or business office uses, along with the many residential uses , all could be made compatible with our neighborhood and equally attractive in a gateway to Weld County and Greeley. We are asking that you deny any proposal for any level of industrial use do to the undeniable negative impact on our quality of life. Work with the local communities of Windsor, Johnstown and Greeley on a shared vision for compatible uses, not incompatible ones. Granting this rezoning request would result in awarding an unwarranted blank check to business interests in blatant disregard to a number of RECF ! VFD AUG 07 2915 Weld County Planni, • • , ,; GREELEY EXHIBIT long term Weld county residents and voters. I and my neighbors have a sense of urgency that you deny this application. L7S0s flop ' ro- ti Indi ead s a = s 'year resident. c: AfUut) rl ( aro , ?0504/ Gmail - Case #COZ15-0001 https://maii.googie.corn/mail/u/0/?ui=2&ik=095878550b&view=pt&s... Bette Feinauer <timnbette@gmail.com> Tue, Aug 4, 2015 at 5: 17 PM To: daungst@weldgov.com 26858 C. R. #13 Johnstown , CO 80534 August5, 2015 RFCFVCD� Weld County Commissioners AUG 10 2015 c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services Weld County Planning Department 1555 N. 17th Ave. GREELEY OFFICE Greeley, CO 80631 Re: Planning Application COZ15-0001 , Weld34 LLC Rezoning Request Weld County Commissioners: I respectfully submit to you that I strongly oppose the Rezoning Request for Weld34 LLC and ask that you please not permit this land to be used for any industrial purposes. Having already submitted my objections to the Martin Marietta Materials Highway 34 Development proposal, you hopefully understand our concern that 'industrial development', of any kind, is simply not compatible with this neighborhood. This is beautiful agricultural land that is still very productive with a variety of crops that benefit many people. We are also concerned that if Martin Marietta Materials should be denied their USR permit, they may attempt entry to C.R. 13 through this potential 'Rezoning Permit' if the option were available to purchase and build their facility there. Again, I respectfully ask that you would vote NO to this Weld34 LLC request and deny any and ALL requests for 'industrial permits, or rezoning permits', on Hwy 34 and County Road 13. Thank you, Bette Feinauer timnbette@gmail.com EXHIBIT 3 of g August 23, 2015 RE: ENVIROTECH SERVICES (COZ15-0001) Diana Aungst Weld County Planning and Zoning Board Dear Ms. Aungst, I am writing in opposition to the further industrialization of the Gateway to Weld county. I believe that the rezoning of this area will further degrade the Big Thompson River Valley with the recent addition of the MMM factory. I believe that the rezoning of this area is not in the best interest of the Weld County as a whole. It may be what big business wants but it is not what the regions commuter's or neighbors desire. Please deny the rezoning. Respectfully yours, Eric Wingerson 27601 Hopi Trail Johnstown, CO 80534 EXHIBIT 1 Case # COZ15-0001 For Public Record Alicia Burns (Family Farm) 503 S. County Rd. 1 Johnstown, CO 80534 8/6/2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Planning Application COZ15-0001, Weld34 LLC Rezoning Request Weld County Commissioners: My family has owned a farm at 503 S. County Rd. 1 for almost 100 years. The 120-acre property was farmed by my great grandparents, and is currently owned by my mother and grandmother. Along with hay and grain crops, the certified organic farm produces herbs for Mother Love Herbal Company. I have a strong personal connection to the farm, and return there every year. I am deeply concerned by Weld County's recent proposal to rezone 135 acres at the southeast corner of the intersection of LCR-1 and US-34 (COZ15-0001) to industrial (1-2), and would like to bring the following negative points of rezoning to the commissioners attention: • Destruction of prime farmland: In addition to the 135 acres of prime farm land converted into an industrial site, the increased contamination of air resulting from new industrial development could lead to the degradation of more farmland (including my family's farm) in the surrounding area. Farmland means food, and food means national security. Although jobs may initially increase (depending on the type of development chosen), farming jobs in the area will likely be compromised in the future — leading me to see little benefit in the proposed rezoning project. • Loss of Community Heritage: I am grateful to my grandparents for preserving our family's farmland in its natural state to the best of their abilities (although I would have never agreed to the selling of mineral rights) so that I can go back and connect to my roots. Spending time on the farm, I have realized that it is not only my heritage, but an integral part of American history. Locals and visitors stop by the farm just to breath the fresh air and admire an old farm setting with a gorgeous view of the front range. In the future, I intend to create a cultural center on the farm, through which the community's connection to the land and its history would be strengthened. I would like coming generations to have the ability to visit the farm as close to its EXHIBIT 2 pristine form as possible. I will therefore fight to save it and the surrounding land, just as my mother and grandmother have saved it for me. • Disruption of Natural Habitat for Wildlife: On my last trip to the farm this summer, I noticed a variety of wildlife including pheasants, coyotes, raccoons, frogs, deer, quail, eagles, redwing blackbirds, and a font of other birds and insects. As more and more of the Front Range turns to industrial land, the available habitat for these animals is shrinking. Their continued health and existence is vital to CO's ecosystem. 135 acres is a large and significant portion of habitat to destroy. • Threat to availability of clean water in the area: A new industrial development in the Weld County would increase pressure on the area's dwindling reserve of clean water. Increased air pollution could also send more contaminants into the area's ground water, posing a threat to the quality of the organic products produced on my family's farm, and the health and wellbeing of the inhabitants of surrounding communities. • Disrespect of a large percentage of the local community: I am one of a large group of people in the local community who strongly oppose the rezoning project, as can be seen from the website www.clr-34.org. Going forward with the proposal would be highly disrespectful in the face of this strong and unified local voice. • Noise Pollution: From my work and studies in the field of voice pedagogy and therapy, I know that every sound we hear has an impact. When I spend time at the farm, I go down to the river to listen. I hear birds, livestock and running water. Planes, the occasional tractor and the sounds of 1-25 are also present, providing a sharp contrast to the natural sounds. i can't imagine how anyone would want to further degrade the soundscape of the land through allowing such a large portion of land to be rezoned to Industrial. • Increased contamination of air and land: We see serious dangers for our farm and the quality of Mother Love's organic products resulting from the possibility of such a large industrial area so nearby. • Degradation of Colorado's Natural Beauty: Every time I go to Colorado, I see more and more development; bigger houses, bigger shopping centers, wider roads, fracking, oilrigs, more traffic, etc., etc. People flock to CO because of its (once) pristine nature - amazing mountains, clear mountain streams, wide open ranches, sunny weather. At the current rate of development, all of these things are severely jeopardized. The rezoning of 135 acres to industrial will be another stick for the fire. Can we not put some reasonable limits to the industrialization of Weld County? As a result of these and other reasons, I ask that you deny this application. Respectfully submitted, (011-14' tfi41 411ANYtf-C Alicia Burns Contact: amariebu@hotmail.com Diana Aungst From: Joyce Johnson <joey81853@msn.com> Sent: Saturday, September 19, 2015 12:29 PM To: Diana Aungst Subject: EnviroTech Rezoning (COZ15-0001) Case # COZ15-0001 For Public record 9- 19-2015 Weld County Commissioners c/o Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th. Avenue Greeley, Colorado 80631 970-353-6100 ext 3524; Fax 970-304-6498 daugnst@weldgov.com Weld County Commissioners: RE: Planning Application COZ15-0001 Weld 34 Rezoning I would like to strongly oppose the application presented by EnviroTech and McWhinney. This request to rezone the parcels of land at the intersection of US-34 and WCR 13 from Agricultural to 1-2 is completely at odds with the area. The surrounding communities of Johnstown, Windsor and Greeley have voiced their opposition to this venture. Not only is this not in their vision for future use, it's approval will create a domino effect that will impact the surrounding homes and businesses that already exist. EnviroTech has been extremely vague in stating what their exact intentions are with regard to this property. If the rezoning is granted they will be able to proceed without review and multiple Uses by Right can be brought into play. This is a beautiful area. The impact of an 1-2 rezoning would completely devastate what we have here now. No one is naive enough to think that this area will never change. It will. There are more compatible uses that will also generate revenue for all of the surrounding communities and not deflate the property values of those already in existence. Please deny this application. With Respect, Joyce Johnson 6887 Commanche Ct Johnstown, CO 80534 Indianhead Estates East joey81853@msn.com EXHIBIT 1 I .45_7_, Case # COZ15-0001 For Public Record October 6, 2015 Weld County Commissioners c/o Diana Aungst Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 (970) 353-6100 daungst@weldgov.com Weld County Commissioners: Re: Planning Application COZ15-0001 Weld 34, LLC Dear Diana Aungst, I am writing in opposition of the above zoning request. The prospect that millions of dollars' worth of homes could be rendered less valuable so that the principals of an entity could further their already large holdings is concerning. The proposed rezoning project not only suffers from a (lack of) compatibility issue, but more importantly, it is a moral issue. Is it right to decrease the quality of life and asset holdings of the surrounding neighbors who have invested their life's work into their properties so that the short-term investment of an LLC can reap large rewards? Common courtesy and the golden rule are still values held by the majority of Weld County citizens. Weld County should invest in a long-term planning strategy where there is a place for all types of activities, including heavy industry. Home owners should not suffer because the county has not identified sufficient and appropriate areas for 1-2 or other zoning applications. There is no denial of the need for industrial activities. However, citizens should be able to rest assured that those who are tasked with planning and protecting their rights should do their jobs, rather than succumb to political pressure, albeit from the most wealthy in the region. Unless an agreeable solution can be reached between the local property owners and Weld 34 LLC - I pray that the people who live in Weld County can count on staff, boards and elected officials to deny the request to insert heavy industrial zoning next to a residential neighborhood. Sincerely, vLida Conner EXHIBIT 5_1_, 5 6681 Apache Road Johnstown, CO 80534 7 October 2015 Weld County Commissioners c/o Diana Aungst Weld County Department of Planning Services 1555 N . 17th Avenue Greeley, CO 80631 Re : Planning Application COZ15-0001 Weld 34, LLC Weld County Commissioners: (This is a summary of a comment that I presented at the Planning Commission hearing on 9/1/15 at which there has been NO progress.) As a representative of the multi-neighborhood group known as the CLR-34 Neighborhoods Assn . I' m sure that you will not be surprised to learn that we have major concerns about this application for rezoning. Our strongest concern is that a simple SPOT rezoning of these parcels to 1-2 status would enable many Allowed Uses by Right that would have major negative impacts on the surrounding property owners, primarily for the benefit of the aoolicant. For example, if their potential neighbor to the south needed additional capacity asphalt and concrete batch operations could be added on this site without any public review. Until now, there has been no information available about what the applicant will ultimately decide to do on this property. For example, there has been emphasis on the supposed availability of both class 1 rail lines, but in fact, only the Great Western RR is actually on the property. When we have repeatedly asked about how they would access the UP, no response has been received . When a representative of this applicant met with CLR-34 in June, no additional information beyond the application was presented, and there was no substantive discussion that acknowledged the potential impact of this intense level of industrial zoning on the area, or, any consideration about how to mitigate it. We have been anxiously awaiting the new "vision" that was suggested by the applicant in their request for the continuance nearly a month ago (in early August). However, to date, nothing has been forthcoming, despite the necessity that there be sufficient time prior to the Planning EXHIBIT b 3 Commission hearing, not only for the County Planning Department staff to review it, but also for members of the public to review it and offer thoughtful comments, We do understand that there have been suggestions in the media that it will be "OK"— something that "Weld County might be proud of" . However, because of the inherent limitations on public comment once a rezoning has been approved, we remain extremely concerned that such promises do not, in fact, carry much weight, and could be repudiated quite literally the moment that the rezoning is approved either by the applicant or by a subsequent owner. Nonetheless, we also recognize that SOME development of this land is going to occur, and as we have stated previously, our primary goal is to help assure that when it does occur, it will be compatible with the uses that are actually present, rather than with some vision articulated by developers or other interested parties that does not reflect reality. We are the people that live there, sleep there and in some cases work there. On a daily basis, we deal with the roads, the traffic and the general environment. To ignore our input and our concerns is directly counter to the requirement for our Weld County government to protect the health, safety and welfare of the current and future residents. To that end, we respectfully ask that the Planning Commission STRONGLY encourage the applicant to agree to substantial limits on the proposed rezoning, including eliminating the most damaging of the Allowed Uses from the permit, as well as incorporating substantial buffers and other restrictions so that the ultimate damaging impact by this operation upon its neighbors is eliminated . The CLR-34 Neighborhoods Assn. would gladly work with the applicant to find suitable solutions to this threat as long as they are substantive and are timely and offered in good faith, with the understanding that they must be real modifications and not just window dressing. Barring any substantial progress in this regard, which to date, has not happened, then we must ask that this application be DENIED. Sincerely, AIS ./94:/-LL Dave Kisker President, CLR-34 Neighborhoods Assn. October 11 , 2015 From: John Cummings 26700 Weld County Road #13 Johnstown, CO 80534 To: Weld County Commissioners c/o Diana Aungst, AICP, CFM Planner 11 Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Case COZ15-0001 FOR PUBLIC RECORD Dear Commissioners: I am in COMPLETE OPPOSITION to ENVIROTECH SERVICES proposed CHANGE OF ZONE FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE I-2 (INDUSTRIAL) ZONE DISTRICT at 27780 CR 13, WELD CO 80537. The Envirotech rezoning is an irresponsible and non-compatible development for our community. The development by right if this site is rezoned to industrial could be a rail transloading site for oil, gravel and other products that belong at a site that is not surrounded by a residential community of 500 residents and rural farm families. The enormity of industrial project such as a rail transloading site for oil will impact our quality of life due to noise, odor, safety, traffic, water quality, and pollutants and contaminates. Three major issues I have: 1 . In conversations with Mr. Tim Pike at a recent meeting, he stated that Tom Parko, Weld County Planning had directed his staff to recommend approval of this rezoning. I do not know how this is even legal. This has to be a violation of some type of Weld County regulation. The Weld County Planning staff has a duty to objectively review the document and make a recommendation and not be influenced by their supervisors or Weld County Commissioners. If this is the case then why do we even have a planning system in place? 2. The criteria set forth by Weld County are not being met by the applicant. The rezoning of agricultural prime farm ground to heavy industrial is not consistent with Chapter 22 of the Code. The uses under the industrial zoning would not be compatible with the existing surrounding uses and with future development of the area. 3 . Since the applicant does not have a clear plan for the site, we must assume the worst uses by right under the industrial zoning. A rail oil transloading operation will not meet the criteria to conserve Prime Farmland or the master plans of surrounding cities. In addition, there has been no conversation from the applicant considering the worst-case scenario for this site with adjacent EXHIBIT residents and farm families about how the applicant will protect the health, safety and welfare of inhabitants of the neighborhood and the county from any proposed use for this site. The Weld County Commissioners should apply the "Precautionary Principle" for the wellbeing and safety of their residents. Thank you, John Cummings Diana Aungst From: Pete & Susie Straub < petestraub@msn.com > Sent: Monday, October 12, 2015 9:20 PM To: Diana Aungst Subject: Planning Application Case # COZ15-0001 - For Public Record Case # COZ15-0001 For Public Record Date: October 13, 2015 Weld County Commissioners do Diana Aungst Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 (970) 353-6100 daungst@weldgov.com Weld County Commissioners: Re: Planning Application COZ15-0001 Weld 34, LLC As a home-owner that will be most impacted by a rezoning the subject property, our home borders the acreage in question on its center eastern boundary. We are fully opposed to the rezoning to Industrial, as the use is not compatible with neighborhood or enjoyment of our home. We are closest among approximately 300 people living in this immediate area and believe that our concerns as a neighborhood have not been measured in the least against the interests of a corporate few. If a picture is worth a thousand words here is at least several thousand below. This is our view of the subject property off the back deck, where we entertain family and friends, relax, and enjoy meals. This was to be our retirement home, as is many of our neighbors. EXHIBIT 8 a • • firral'ia S +T 1 • ' • Pima 4 I i VI I t �t r s "w _ • c't• How can you say industrial zoning is compatible? Additional noise, traffic, dust, loss of view-shed are only some of the impacts to our lives. First, we are asking the Board of County Commissioners and the Planning Commission to deny this request. We believe that government is created to even the playing field, and protect the interests all of those who live and work In Weld County. Property rights can be protected, but balanced with the property rights of others. If the Weld Commissioners are truly conservative, to be conservative is to conserve the character and care of the land, ensuring that development takes place where it is compatible and appropriate. Here it is clearly not. There is other uses that this land could be developed, ensuring a handsome profit for the property owner. If this rezoning is approved, which amounts to a "blank check" for the current owner, the Planning Commissioners are our last hope. Please consider the following restrictions: 1 . No buildings over 40' in height within 1000 of the property line. 2. Reasonable protections for the neighborhood in noise, light, odor, dust and protection of our view shed. 3. A 500' set back on the east and south boundary of the property. This setback shall be guaranteed by requiring the developer to grant a conservation easement to Weld County or the State of Colorado of the reserved 500' corridor buffer. 2 4. A 20' tall landscaped berm or a decorative concrete wall to minimize sound, light, and protect our view shed from industrial equipment and un-slightly industrial activity. We have met with the developer, and he is unyielding with no compromise offered to protect our property. Please do the right thing and deny this application, and at the very least, include the suggested mitigations listed above. Thank you, Pete and Susie Straub 27793 Hopi Trail, Johnstown, CO 80534 petestraubcrosn.com 3 Diana Aungst Subject: FW: Do Not Rezone Weld 34 LLC (COZ15-0001) Weld County Commissioners c/o Diana Aungst, AICP, CFM Planner 11 Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Case!! COZ15-0001 For Public Record 10- 14- 15 Weld County Commissioners: RE: Planning Application COZ15-0001 Weld 34 LLC Rezoning I'm writing this letter in OPPOSITION to Weld 34 LLC ( Environtech) Rezoning case #COZ15- 0001 . My husband , Jeff, and I are one of the "first build" residents of Indianhead Estate West and live just 700 ft. from the proposed change of zoning area . Our home was designed by Jeff. This case#COZ15- 0001 is NOT COMPATIBLE to this location next to 120 plus homes, farms, and your approved wedding venue business. I have a question; How many employees of Heavy Industry Sites live 700 feet away from their work site and why not? The following are other concerns I have about this case#COZ15-0001 : - AIR QUALITY - we have a 6, 000 sq . ft. organic garden and sell the produce at Farmers' Markets throughout the summer and fall . Poor air quality would compromise the crop growth and quality safety of the food . " Fugitive Dust" is a problem here . - INCREASED TRAFFIC - congestion on Hwy. 34 is already out of control - ODOR AND EMISSIONS - we wouldn't be able to enjoy the outdoors i .e . gardening , large social events (80+ people) , barbecue, etc. - NOISE - the "wheel squeal " of the trains or the crushing and unloading of aggregate material would be devastating - VISUAL IMPACT - this project would destroy the beautiful views we have of the mountains and surrounding greenscapes . - MIGRATORY AND OTHER SPECIES OF WILDLIFE would be impacted within 2-3 miles - HIGH WATER TABLE in this area could impact ground water and run-off risks - HEALTH AND SAFETY - hazardous situations could cause a disaster - DECREASED PROPERTY VALUE - this is a fact - ask any realtor In closing , this proposed case#COZ15-0001 would DECREASE THE QUALITY OF LIFE in this area and DESTROY THE LONG TERM WELFARE OF THIS REGION . Please vote NO ON COZ15-0001 . Sincerely, Karin Lawrence 27570 Hopi Trail Loveland , Co 80534 EXHIBIT Karin Lawrence Jeff & Karin Lawrence, 6umbies ' LLC Salsa cc Sauce 970 . 635 .0795 GumbiesGoodies.com p Designed with WiseStamp - Get yours 2 Case #COZ15-10001 For Public Record October 16, 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld Count Department of Planning Services 1555 N . 17th Avenue Greeley, Colorado 80631 970-353-6100 ext. 3524; Fax 970 304-6498 daungst @weldgov.com Weld County Commissioners : RE : Planning Application COZ15-10001 Weld 34 LLC Rezoning I am requesting the Weld County Commissioners deny the Planning Application COZ15- 10001 The application is very vague about what they plan to do on this property. • Will it be a transioading facility? This is very detrimental to the surrounding neighborhood . • Safety and environmental concerns : o More truck traffic not only on Hwy 34. It will also impact County Roads 13, . 15, 56, 402 . o More noise o More dust o More emissions from the trucks. o Oil/gasoline transloading is dangerous to the community so very close to this proposed Planning Application . O Thank you for passing my concerns on to the Commissioners . Concerned Citizen of Weld County. Lester R . Eastman , 6731 Lakota Court, Johnstown, CO . 80534 Lrhleastman@gmail . com EXHIBIT Case #COZ15- 10001 For Public Record October 16, 2015 Weld County Commissioners c/o Diana Aungst, AICP CFM Planner II Weld Count Department of Planning Services 1555 N . 17th Avenue Greeley, Colorado 80631 970-353-6100 ext. 3524; Fax 970 304-6498 daungst @weldgov.com Weld County Commissioners : RE : Planning Application COZ15-10001 Weld 34 LLC Rezoning I am requesting the Weld County Commissioners deny the Planning Application COZ15- 10001 The application is very vague about what they plan to do on this property. • Will it be a transloading facility? This is very detrimental to the surrounding neighborhood . • Safety and environmental concerns : o More truck traffic not only on Hwy 34. It will also impact County Roads 13, . 15, 56, 402 . o More noise o More dust o More emissions from the trucks . o Oil/gasoline transloading is dangerous to the community so very close to this proposed Planning Application . O Thank you for passing my concerns on to the Commissioners . Concerned Citizen of Weld County. Harriette L. Eastman , 6731 Lakota Court, Johnstown , CO . 80534 Lrhleastman@gmail . com EXHIBIT Diana Aungst From: Denise Rhoades < deniseerl@live.com > Sent: Friday, October 16, 2015 8:31 AM To: Diana Aungst Cc: Denise Rhoades Subject: Case # COZ15-0001 Opposition Case # COZ15-0001 For Public Record Date: 10/16/15 Weld County Commissioners c/o Diana Aungst Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 (970) 353-6100 daungst(a weldgov.com Weld County Commissioners: Re: Planning Application COZ15-0001 Weld 34, LLC I want to make it known I OPPOSE the potential rezoning of this land to 1-2. This is an entirely inappropriate use for land adjacent to a residential area. If rezoned the land can be used for any manner of things that would be an eyesore and detrimental to the surrounding properties. Weld County appears to think the gateway to its county should be a 'dumping ground' for any manner of industries that go against the beautiful landscape currently in place. In addition, as a resident of lndianhead Estates I cannot think of a worse scenario than living next to a parcel of land that could contain a business with extremely hazardous and explosive chemicals. This area was not designed for that and should not be forced to accommodate that Please OPPOSE this rezoning. Denise Rhoades Deniseerl@live.com 6771 Algonquin Dr. Johnstown, CO 80534 EXHIBIT 1 I 120_, Diana Aungst From: john wallace <wallacejesr@gmail.com > Sent: Saturday, October 17, 2015 12:06 PM To: Diana Aungst Subject: Fwd: Dianna, please substitute this corrected letter for the letter for my previously sent letter of the same date. Thanks John Wallace Forwarded message From: john wallace <wallacejesr@gmail.com> Date: Sat, Oct 17, 2015 at 11 :59 AM Subject: To: daungst@weldgov.com Case # COZ15-0001 For Public Record Date:October 17, 2015 Weld County Commissioners c/o Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 970-353-6100 ext 3524; Fax: 970-304-6498 Weld County Commissioners: RE: Planning Application COZ15-0001 Weld 34 LLC Rezoning I oppose the referenced application because it is another step in the process of converting a agricultural and residential region into a industrial region with unknown and possibly severe adverse effects on me, my family and neighbors. The results could be a continued diminution of property value and loss of the quality of life in my neighborhood, the Indianhead Estates Subdivision. Please reject the COZ15-0001 application and show some compassion for residences of WELD County reversing the recent trend. As a minimum place additional restrictions on the property use such as residential noise limits, a substantial buffer zone, limiting structural heights on the property to prevent obscuring the front range mountains. John Wallace 27657 Blackfoot Road Indianhead Estates Subdivision EXHIBIT 1 1 (010 Case tt COZ15-0001 For Public Record October 17, 2015 Weld County Commissioners C/o Diana Aungst, AICP, CFM Planner II Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 daungst@weldgov.com Weld County Commissioners: RE: Planning Application COZ1S-0001 Weld 34 LLC Rezoning We live in the Indianhead Estates West neighborhood. Our home is in the direct line of sight to the proposed industrial development. We ask that you vote no to this proposal. This proposed industrial development is incompatible for the Hwy 34-County Road 13 area for the following reasons: The increased heavy burden of traffic on Highway 34: Highway 34 is designed as an Expressway. With the increased truck traffic from the proposed Martin Marietta site, this will turn an already burden HWY 34 into a parking lot at peak rush hour. Allowed Use buy Right: There are a number of uses within this that can have a severe compatibility issues with the surrounding neighborhoods as an industrial development, such as noise, dust and odors. There is no right way to position an industrial site next to an existing neighborhood. Non-Compatibility: Due to the reasons stated above, a proposed plant would have a negative impact on the pursuit and enjoyment of both indoor and outdoor activities, included are some of these: outdoor dining, and entertaining of guests, gardening, riding our bikes, and going for walks in the peace and quiet of our rural neighborhood. Farmlands of National Importance: This is taken off the Weld County web site in reference to farmland where the industrial site is proposed. In fact there now is a "Right to Farm" sign that was recently posted on the northwestern edge of this proposed site. What an ironic coincidence. We would like to respectfully remind the Commissioners to remember the rich agricultural heritage of our county. Limitation: Due to the close proximity to a large residential neighborhood there should be limitations to building heights, hours of operations, buffer zones, noise limitations, and use of conservation easements to be required should this be approved. Planning Commission: We gratefully noted your efforts to do the right thing in voting to deny the Martin Marietta application. Should this rezoning be approved this no doubt will go down in history as the worst decision ever made by Weld County. We respectfully ask that you not approve this application. Please, take a step back, and examine what this industrialization of the western gateway to Weld County will come to look like. Do you really want it to look like Commerce City? There is no right way to do something so wrong. Sincerely, Glenn and Melanie Schlotter 27700 Hopi Trail Loveland, Co 80534 gmschlotter@gmschlotter.com Please acknowledge receipt of this email. EXHIBIT I Patricia Worrell 6873 Commanche Court Loveland CO 80534 Case # COZ15-0001 For Public Record 17 October 2015 Weld County Commissioners 0/0 Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N . 17th Avenue Greeley CO 80631 daungstn.weldcogov.com Ms. Aungst and Weld County Commissioners: Please do not approve the rezoning application case # COZ15-0001 Weld 34 LLC. The I-2 zoning is completely incompatible with the surrounding community, This is a rezoning for the benefit of one owner to the detriment of many others. Given the proximity to residences the residential noise limits according to Colorado statute 25-12-103 should be applied to any activity on this parcel. The activities permitted in 1-2 do not present the image that Weld County would want on a major thoroughfare such as Highway 34. The activities permitted in 1-2 could dramatically increase traffic on roads in this area that are already too congested . Regards, Patricia Worrell EXHIBIT UPSTATECOLORADO tI UPMIN ; 970.356.4565 phone 970.352.2436 fax 800 320 8578 toll free October 16, 2015 822 Seventh Street, Suite 550 Greeley, CO 80631 wvwl.upstatecolorado.org Weld County Planning & Zoning Commission c/o Weld County Planning and Building Department 1555 N 17th Ave Greeley, CO 80631 Case # COZ15-0001 Attn: Diane Aungst Dear Commissioners, As the President and CEO of Upstate Colorado Economic Development Corporation I am writing to express r support for Envirotech Services as they work to facilitate additional opportunities to attract the creation of primary jobs that will help build diversify our economy in Northern Colorado. We encourage the development of Lot B RE-4866 being Part NW4 Section 18, T5N, R67W and the N2 NW4 Section 18, T5N, R67W of the 6th P.M., Weld County, Colorado. The ability of private land owners who are willing to invest into site preparations that will create meaningful qualitative and quantitative employment opportunities helps recruit sought after employment opportunities, which will bring a much needed increase of the local tax base to support local schools and infrastructure upgrades to Weld County. We believe that the development will provide great opportunities to Weld and its residents by providing a mechanism for a robust business environment and stronger community. Primary Job creation is a proven economic model and the development of this parcel will position Weld County to take advantage of opportunities that other communities are competitively recruiting. Northern Colorado is in need of such shovel ready job creating parcels as well as an increase in available building inventory. I am confident that Envirotech Services can work with Weld County officials to appropriately site this project in accordance with Weld County requirements.to accommodate the growing development needs of a diversified set of industries. We look forward to providing further assistance upon request and as local officials deem appropriate. Regards, _ - Richard C. Werner President & CEO Upstate Colorado Economic Development EXHIBIT Supporting Job Opportunities in Greeley and Weld County Communities6q Weld 34 , LLC COZ15 - 0001 October 20th 2015 , % ,, , (5,...... • I -. ., • • ._ i w., % ,..,.. ,\ •.,....,..... . %Jr+„,,,, tma .sp. St VI it j ,. ' - - ter, 1` a. II Ora % - FirIP _ _ S.: �� -/(asp _i - , '- - - _. _ - _ - ,- ..�. J _ -� , - -, 1 - � , .�. ` `!� ' - -- `,.�y�j �- �,.j'�� «��I Vii. ' N. 1 - ,� 7 • ` rg"! m... _ _ vim. f� 7 PC .ate S - - --- 1)0 EXHIBIT 11)0 LLC 34 , COZ1S - 0001October 2 0 20t1 2 0 1 5 as_ ./ _ .• :,. .. 2015:-t.. i i ' s'.i ,_ „.... \ Th...,.., ,�r _sel I ue -rectal Alt a Sri l -- �� -"glib + '1. V •�- U i '•S • - --- . 1 ; i, _ _ . . 441i.._ ilpit. nemeciri- --r- - llik __ •-t )1 fit - 14 _alir 3��c _ - , . ' " -• _ r L sue' f_ _- \''.` - _ , - - Teti -��-. �-•" - _ _ - _ � may __ ` - _ - _ ..-- e •• _ _ T• r-' - ' -- - - Niiis ` - - - - - . _ �a _ r - - -- _ \ •, Tim - _ ..-..r...7.= Y -_ _ r - --- ^ice. '�• _ _ . _. 7/41.1.- !S ..- _r Weld Projections Increase of 290 , 000 people by 20402 567,670 400,362 277,6701 2014 2025 2040 'Source: quickfacts.census.gov/qfd/states/O8/O8123 2 Source: "Northern Colorado's boom built on former farmland"; Coloradoan O8/11/2O15 "As a Weld County commissioner, I know firsthand that for communities across the country like ours , a strong rail network means more economic development, more jobs , less congestion and pollution and a stronger American economy." • Sean Conway, Weld County Commissioner at- large, Upstate Development board of directors and Chairman of the North Front Range Metropolitan Planning Organization . • Guest Columnist Greeley Tribune September 5, 2015 IIIM6 '�'t IlaMilelendi _s sr IS •••;- - rr,3' t . h ft!) i Ty .amt i - _ _ `` Great Western RR 4 - li a � f !T t �T f_ ka- � • �► �, Weld 34 ( 136 . 59 ac)).,,4 r \ -A 1 y �y • Ille‘• II ` a. II_ 1:al$ ite. "itillet. $ nir 1 t / 1 .1.•P. to• VA 114011 rid .444:14011 r ', Union Pa • ific Dire . R' T 11 Oa • Inbound / Outbound ServiceI __ _ r I Inbound Outbour from Union Pacific ( UP ) ft II 43 Service from Burling . . h � � .. ,.Zal�3 , oog Y r • t Googic E Northern ( BN ) ` 'I 1°1 r 40°24'09.671" N 104°56'44.8111 \N elev 4925 ft eve alt ILA a -- -- ' - - ' ,� y Q`4 Inbound / Outbound ` 'ID' Akiiht l Service From 13N r �J \ Air _� _%'tip- -= _rx - ._ = N I AP i w 4.2 Union Pacific Direct Y ; lik Inbound / Outbound "�� Pr 1 - a '� • `� '' r 1 14111116... -4.!'" : I: ' ffz veIt A 4Ibt ‘- \ ' \ 1 . 'NIL WC R-•1�3. ---- .i, ; • .. gjoi\ iHw 34 -- - - _ -- • - • a -�._ ED �► Jr. IraW _ I o 3 , ©1365 ° a ):;, _ . i , ' ,S L Y - - - _ _ ! �y�.yL.- „_________ r = 1t _ J ♦ _ J-0.0"1"."1" r . Go0 _ . -- - y I• _ __ 4 Meetings with CLR - 34 • 1St Meeting June 16th - 2 hours in duration • Discussions included : • Uneasy and unsure that no use was identified or planned . • Felt that Weld 34, LLC had an end use that was not being shared with neighbors . • Neighbors suggested that a transition between industrial and residential be provided . • Commercial ? • Weld 34, LLC does not know who or what will be on property nor their needs/requirements . • Neighbors suggested that a 1, 000 foot setback be made into conservation easement • Would result in cutting Weld 34 property in half. • Not practical for development of rail or warehousing • 2nd Meeting October 8th — 2 hours in duration • Meeting was cordial and used to explain : • Rail movements • What has happened in the time we were granted for continuance . • Preferred mitigation options • Varied between homeowners raps oading 3 _. , , ,. tit `� Al •-..w . ._ . . .-I .r • a .. a _ —��• ~ • 17!!�w + �• X1Eas I, '• J '1IF . . i , �1Mr ��+j1�` a ��T 333iii # 9 aaa • r. all • a.— • — _ arm. .. - TheAlternative IIMIlr - . _ -_ il 7 i •0 obe tt...- ,. . _ sae* -a Oil, 4 l r- ....-galliallelint* O Nom' iii ... we C 114 2 f3,�_� � , - m! + _` • 46 MiNs to Wyo rer�v _ -;i,•w' -r" 1 - c likaA �� 'P'" o.-r te} • S ` - - - � �� , 40•f �- ii - - �:�^ ft'—�,''1 • -"�- 1.�� f .J -� ' - .s�f% Aso - �•--+e• '�` - �N. ` f. ait +• t_ - rime- - .�Jr a _ , � 9:.; -.' -•r Well'ingto -+- i :try ��' t. � !� - it am tit - .�Ar �_ - > • aia a -ter -� .� _, ��_ r o G � . ,._ ...•'' - .- •Tz. ...."211H•i• -, ‘-..... 1 . Stili , Ill s_ y� ,. : �Is AIL • _ _ -•. 1 " f _ � ' C et ekt. a • -_~ �- � � r �' � - 3 '�JO - f:- - . . air • ker�. _ _ ., .� _ , v� - � �. G o I ear • • 04..` �`' allib o'i $. . . •-• g., si 2 w . . _ 1, t C1 S04�51 TO C / 5399 ft eye alt 2. Lj �. ""_' ��..... ., • -fir `y�-- -'- - - - - • - _ -- - �- _ Weld Th a nks You _I 1 ,:\ci / 1 ' - . ea 1 GOP II, Villioic- \. .... -re Ilia 11 • i '�� - ..4, _ _ j - _ � — -.� - ' Iti -a - . .� ' API _...._ ` — \ _ f Wit_ 'mot'_,: ea- .. — _ ...Se",� — - - �_. - • _— Ili illik a. ii lib _ �. _ _ _ _ ...imam.. .... ~� 1 „^� _ .. _ SSINSiiiirniliPlir WallW I 7". • Oar CLR - 34 Neighborhoods Assn . Presentation to Weld County Planning Commission / 20 October 2015 COZ 15 - OOO1 Rezoningof Envirotech Property EXHIBIT Mt_ 7 CLR - 34 Neighborhoods Assn . Presentation to Weld County Planning Commission , 20 October 2015 COZ 15 - OOO1 Rezoning of Envirotech Property Why are we doing this ? " It is hard to fail , but it ' s worse never to have tried to succeed . "Theodore Roosevelt The CLR - 34 Neighborhoods Assn . feels that it is our obligation as citizens to try to improve the land use processes and decisions in Weld County, despite the power and influence that sometimes seem to be stacked against us . In some cases, such as this one , the potential negative outcome will have major effects for years to come . We seek responsible development as our primary goal . Key Issues Weld County Should Deny COZ15 - 000l Envirotech 's application is not compliant with the Weld County Code Requirements for rezoning A spot rezoning of this parcel would favor a single land - owner over all the surrounding land owners . Surrounding property owners ' rights should not be usurped for the sole benefit of Envirotech It 's Just a BAD IDEA ! ! Better and collaborative long term planning would result in far better uses of this valuable Weld County land . Windsor, Greeley and Johnstown have better visions Weld County Zoning Issues Sec . 23 - 3 - 300 . Intent . (of the Industrial Zone) The purpose of the Industrial Zone Districts is to provide protective zones for the DEVELOPMENT and operation of industrial USES . The regulations contained herein have been established so as to provide a healthful operating environment for industry; to protect industry from the encroachment of COMMERCIAL and residential USES which may be adverse to the operation and expansion of such industry; to protect industries within the district from the adverse effect of other, incompatible industries; to reduce to a minimum the impact of industries on surrounding , nonindustrial land USES to prevent detrimental impacts which may negatively affect the future USE or DEVELOPMENT of ADJACENT properties or the general NEIGHBORHOOD as defined in Chapter 22 of this Code ; and to promote the health , safety and general welfare of the present and future residents of the COUNTY. (Weld County Codification Ordinance 2000 - 1) Industrial District Intent to provide a healthful operating environment for industry; to protect industry from the encroachment of COMMERCIAL and residential USES which may be adverse to the operation and expansion of such industry; Industrial Zone Intent ( cont ) to reduce to a minimum the impact of industries on surrounding , nonindustrial land USES to prevent detrimental impacts which may negatively affect the future USE or DEVELOPMENT of ADJACENT properties or the general NEIGHBORHOOD to promote the health , safety and general welfare of the present and future residents of the COUNTY Conclusion z Clearly, this rezoning application would violate the INTENT of the industrial zone ! ! Would not protect industry from effects of residential and commercial Uses Would threaten the current and future uses in the neighborhood Would threaten the health , safety and welfare of current and future County residents . WeldounZoning - - Chapter 23 . Article . eneraProvisions Sec . 23-1-40. Purpose and intent. A. The nu urpose of this Chapter is to provide a u inified regulatory system for land t ! SF in the Co! ! ntvir This Chapter is designed to promote the health, safety, convenience, morals, order and welfare of the present and future inhabitants of the COUNTY. The present and future inhabitants of the COUNTY will be benefited through : 1. Lessening congestion in the STREETS or roads or reducing the waste caused by excessive amounts of roads. W 2. Securing safety from fire, FLOOD waters and other dangers. 3. Pi 3V unly iiyi , L ;mu cii 4. Classification of land USES and distribution of land DEVELOPMENT and utilization. 5. Protecting the tax base of the COUNTY. 6. Securing ecoLi ley in governmental expenditnmr. 7. Fostering the COUNTY'S agricultural, business, MINING and other economic bases. 8. Protecting both urban and nonurban DEVELOPMENT. 9. Conserving the value of property. lo. Encouraging the most appropriate USE of land. B. This Chapter is further intended to protect the public health, safety and welfare by: 1. Regulating activities and DEVELOPMENT in hazardous areas. • 2. Protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species. • 3. Preserving areas of historical and archaeological importance. • 4. Regulating, with respect to the establishment of, roads on public lands administered by the federal government; this authority includes authority to prohibit, set conditions for or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2447) but does not include authority to prohibit, set conditions for or require a permit for the establishment of any road authorized for mining claim purposes by 3o U.S.C. 21 et seq., or under any specific permit or lease granted by the federal government. 5. Regulating the location of activities and DEVELOPMENTS which may result in significant changes in population density. b. I-rovidirig for pi 1 services and +acililles. 7. Regulating the USE of land on the basis of the impact of land USE changes on the community or surrounding areas. 8. Otherwise planning for and regulating the USE of land so as to provide planned and orderly USE of land and protection of the environment in a manner consistent with constitutional rights. ■e a s oSection 23 - 1 - 40 A. The purpose of this Chapter is to provide a unified regulatory system for land USE in the County This Chapter is designed to promote the health, safety, convenience, morals, order and welfare of thepresent and future inhabitants of the COUNTY. The present and future inhabitants of the COUNTY will be benefited through : 1. Lessening Congestion in the STREETS or roads or reducing the waste caused by excessive amounts of roads. 2 . Securing safety from fire, FLOOD waters and other dangers. 4. Classification of land USES and distribution of land DEVELOPMENT and utilization . 5 . Protecting the tax base of the COUNTY. 7. Fostering the COUNTY'S agricultural, business, MINING and other economic bases. 8. Protecting both urban and nonurban DEVELOPMENT. 9. Conserving the value of property. to. Encouraging the most appropriate USE of land . B. This Chapter is further intended to protect the public health, safety and welfare by: 1. Regulating activities and DEVELOPMENT in hazardous areas. 5 . Regulating the location of activities and DEVELOPMENTS which may result in significant changes in population density. 7. Regulating the USE of land on the basis of the impact of land USE changes on the community or surrounding areas . 8. Otherwise planning for and regulating the USE of land so as to provide planned and orderly USE of land and protection of the environment in a manner consistent with constitutional rights. Requirements for Re - zoning ( i . e . Amendment to zoning map ) Sec . 23 - 2 - 20 . Duties of Department of Planning Services . B . Upon determination that the application submittal is complete , the Department of Planning Services shall : 2 . Prepare staff comments for use by the Planning Commission addressing all aspects of the application , its conformance with Chapter 22 of this Code and the Comprehensive Plan or MASTER PLAN of affected municipalities, Intergovernmental Agreements, sound land USE planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. Review of the Staff Report Does it meet the requirements ? County Planning Staff Report misses the mark We understand that the Planning Staff is faced with a dilemma A clearly incompatible land use has much administrative and political support However, the professional judgment of the staff should be respected : This proposal is clearly incompatible with the surrounding uses and does not reflect good planning practices . Chapter 22 Code sections cited by Staff Chapter 22 22 - 2 - 80 . A . 1 Promote the location of industrial uses within municipalities , . . . , growth management areas as defined in municipalities ' comprehensive plans , . . . along railroad infrastructure or where adequate services are currently available or reasonably obtainable . Site is within Johnstown 's growth management area, but Johnstown 's concerns were not considered Chapter 22 Code sections cited by Staff ( cont ) 22 - 6 - 20 . C ECON . Goal 3 . Structure land use policies and regulations so that they encourage County -wide economic prosperity and economic growth . 1 . ECON . Policy 3 . 1 . County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy. A spot rezoning for the benefit of a single landowner is not consistent with the goal of County wide prosperity ! ! Chapter 22 Code sections cited by Staff ( cont ) Sec . 22 - 2 - 30 . - Urban development . B . Urban development is characterized by designated areas for residences, retail , offices, services and other uses that are primarily located along major roadways , at major intersections and in subdivisions designed to accommodate these more intense uses . . . Light industry and manufacturing may also be at the perimeters, but they are more often integrated into the community. Staff Comment : "The proposed Change of Zone is of 1 - 2 Industrial Uses which may be considered light industry and manufacturing . . . " The problem is that not all 1 - 2 activities can be considered light industrial (e . g . crude oil transloading) and the applicant refuses to eliminate any possibilities ! Chapter 22 Code sections cited by Staff ( cont ) Section 22 - 2 - 70 D . I . Goal 4 . states , "All new industrial development should pay its own way. ,, But, earlier in this section it says : Sec . 22 - 2 -70 . - Industrial development . B . When reviewing proposed industrial development, there should be a thorough examination of issues, such as compatibility with surrounding and regional land uses . . . This was clearly not done in the staff report Chapter 22 Code sections cited by Staff ( cont ) Section 22 - 2 - 80 Section C . I . Goal 3 . Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments . Section G I . Goal 7 . Recognize the importance of railroad infrastructure to some industrial uses . But , earlier, in this section , the code states : Section A . 2 . I . Policy 1 . 2 . Encourage new industrial development within existing industrial areas . Also in Section 22 - 2 - 80 Section E . 1 I . 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 . Section F. 1 . I . Policy 6 . 1 . Consider the compatibility with surrounding land uses and natural site features . Section F. 2 . I . Policy 6 . z . Support the use of visual and sound barrier landscaping to screen open storage areas from residential uses or public roads . Chapter 22 Code sections cited by Staff ( cont ) Section 22 - 6 - 20 E . 3 ECON . Policy 5 . 3 . Recognize and support existing railroad infrastructure . But, here is the context : E . ECON Goal 5 . Recognize and promote specific places and resources in the County that can uniquely support economic development . Recommended Strategy ECON . 5 . 3 . a . Develop a Sub -Area Plan for the North Greeley Railroad Corridor, consisting of the east -west rail line running from east of Greeley to Windsor. Section 22 - 6 - 20 ( cont ) Section C . 2 . ECON . Policy 3 . 2 . Ensure that County land use policies and regulations are structured so as not to impede economic prosperity and growth But, earlier : Section C . i . ECON . Policy 3 . 1 . County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, . . . Chapter 23 Requirements for rezoning Section z3 - z - 3o . A . z . That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES . The Staff report acknowledges that the Towns Windsor and Johnstown and the City of Greeley raise major compatibility concerns , and that numerous surrounding property owners ( 68 letters as of so/1g /i5 ) did the same . Yet, no further consideration is given to those incompatibility concerns ! ! ! Conclusion 2 . The Staff report misses the mark Althoughhproposal , h h there are aspects p e c t s of the such c a s the proximity of the railroad that are compliant with Chapter 22 , there are also numerous aspects that conflict with the principles of Chapter 22 . In the case of such conflicts , the Code requires : that the existing zoning be shown to be faulty ( not done) or, that changing conditions in the area warrant a change of zone . Not done . Only about 413. of the surrounding io square miles is industrial . The surrounding communities DO NOT agree that conditions are changing . ( MMM cannot be used as that case is still under judicial review. ) Conclusion 2 . The Staff report misses the mark ( cont ) Section z3 - z - 3o . A . z . That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES . The Staff Report did not address the compatibility issue, which is required . Planning Commission Taking a closer look Sec . 23 - 2 - 30 . Duties of Planning Commission A . The Planning Commission shall hold a hearing to consider the application for the Change of Zone . The public hearing may involve either the rezoning application alone or may include the review of concurrent applications under the County's regulations concerning uses by special review, overlay districts or subdivisions . The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change . The Planning Commission shall recommend approval of the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of this Subsection A and Section i3 - z - 50 . The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Section 23 - 2 - 50 are met . The applicant shall demonstrate : 1 . That the proposal is consistent with Chapter 22 of this Code; if not, then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a Change of Zone . 2 . That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES . Sec . 22 - 1 - 120 . - Comprehensive Plan guiding principles . Private Property Rights . One ( 1 ) of the basic principles upon which the United States was founded , which it continues to preserve , and Weld County upholds , is the right of citizens to own and utilize their property. Private property rights are not unlimited rights but, rather, rights balanced with the responsibility of protecting community health , safety and welfare . It is the goal of the Comprehensive Plan to promote opportunities for County citizens , while protecting private property rights . Sec . 22 - 1 - 120 . - Comprehensive Plan guiding principles . ( cont ) C . Fairness in the Land Use Change Procedure . The County has established various regulations for the process of land use change . This process must be fair and equitable to all parties in the following ways : . 4 . It maintains consistent requirements, coupled with flexibility, within the implementation criteria . 6 . It has an established appeal process . 7 . It allows for approval when all written criteria of the land use regulations are met . Sec . 22 - 1 - 120 . - Comprehensive Plan guiding principles ( cont ) E . Regulations Addressing Land Use Changes . Land use regulations which address land use changes should be written so they protect the rights of private property owners and the public health , safety and welfare . The property rights do NOT override the health , safety and welfare of the public . Sec . 22 - 2 - 20 . - Agriculture goals and policies B . A . Goal 2 . Continue the commitment to viable agriculture in Weld County through mitigated protection of established ( and potentially expanding ) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises . B . 2 . A . 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 . These commercial and industrial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production . Sec . 22 - 2 - 20 . - Agriculture goals and policies B . 3 . A . Policy 2 . 3 . Encourage development of agriculture and agriculturally related businesses and industries in underdeveloped areas where existing resources can support a higher level of economic activity. Agricultural businesses and industries include those related to ranching , confined animal production , farming , greenhouse industries, landscape production and agri - tainment or agri -tourism uses . F. 4 . A . Policy 6 . 4 . Encourage agri -tourism . E . g . Wedding venue , corn maze , etc . Sec . 22 - 2 - 20 . - Agriculture goals and policies � . A . Goal9 . Reducepotential conflicts between varying land uses in the Y 9 conversion of traditional agricultural lands to other land uses . I . i . A . 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 . 1 . 5 . A . Policy 9 . 5 . Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies . Encourage applicants to communicate with those affected by the proposed land use change through the referral process . 1 . 6 . A . Policy 9 . 6 . Municipalities should be encouraged to include all private property owners, business owners and residents outside of their municipal boundaries in any growth management discussions and decisions that affect the future land use of such private property owners ' land . A. Recommended StrategyA . 9 . 6 . a . Collaborate with municipalities to notify unincorporated property owners of municipal land use policies that may affect the future land uses of private property owners ' land . Sec . 22 - 2 - 70 . - Industrial development B . When reviewing proposed industrial development, there should be a thorough examination of issues , such as compatibility with surrounding and regional land uses, availability and adequacy of infrastructure and services serving the proposal and impacts on the natural environment . F. I . Goal 6 . Minimize the incompatibilities that occur between industrial uses and surrounding properties . 1 . I . Policy6 . 1 . Consider the compatibility with surrounding land uses and natural site features . a . Recommended Strategy 1 . 6 . i . a . Establish development standards for such issues as use, building height, scale, density, traffic, dust and noise . The Code CLEARLY envisions the need to explicitly deal with incompatibilities, rather than accept promises that " everything will be OK once we know what the use will be " Sec . 22 - 6 - 10 . - Economic development D . The County encourages economic development by promoting a positive - built environment in which businesses and entrepreneurs are able to flourish . Quality development supports a strong and vital economy. . . Recruitment and attraction is more about actively marketing the County, its quality of life and the advantages of it as a place to do business . Sec . 22 - 6 - 20 . - Economic development Goals and Policies . B . 4 . ECON . Policy 2 . 4 . Coordinate with Weld County municipalities and support regional dialogue to attract businesses to incorporated and unincorporated Weld County by maintaining the quality of life in both urban and rural Weld County . Sec . 22 - 6 - 20 . - Economic development Goals and Policies . D . ECON . Goal 4 . When appropriate , use economic incentives to retain and expand businesses or to attract new industries to the County. D . 2 . ECON . Policy 4 . 2 . Target the following through economic incentives : manufacturing , entrepreneurial development; state - of-the - art agricultural uses , including value - added crop / livestock development; technology industries ; natural resource development, including alternative energy resources ; and tourism . There are many more opportunities than just the railroad ! Many will have more and longer term positive impact on the Weld County economy. Conclusion 3 Although some aspects of Chapter 22 are consistent with this change of zone application , there are many aspects which are not , which means that this condition is NOT SATISFIED . Examination of Compatibility A key element of the application review process 23 - 2 - 30 . A . 2 Compatibility with surrounding land uses 2 . That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES . Sec . 23 - 3 - 320 . 1 - 2 ( Industrial ) Zone District . A . Intent . The purpose of the I - 2Zone District is to provide a zone to accommodate industrial USES which cannot conform to the stringent visual impact requirements of the I - i Zone District and which do not want to be subjected to the potential adverse visual impacts permitted in the 1 - 3 Zone District . The intent is to permit industries which may create moderate visual impacts . I - a. Uses Allowed by Right 1. Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature may be conducted in the I -1. Zone District. SCREENING may be required if USE is not compatible with adjacent uses . 2 . Areas for passenger vehicles . parking • 3 . SIGNS, as long as the SIGNS are located and designed in accordance with the requirements of Article IV, Division 2 of this Chapter. • 4 . UTILITY SERVICE FACILITIES . • 5 . PUBLIC SCHOOL extension classes . • 6 . COMMERCIAL SCHOOLS, limited to indoor instruction . r 7. Police and fire stations or facilities . 8 . Disposal of domestic sewage sludge subject to the additional requirements of Article IV, Division 6 of this Chapter. • g . TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. F 10 . Asphalt or concrete batch plant used temporarily and exclusively for an on -site construction project or the completion of a PUBLIC road improvements project. The six- month limitation for this TEMPORARY use may be extended in six- month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners . 11. One (1) TELECOMMUNICATION ANTENNATOWER subject to the provisions of Article IV, Division to of this Chapter. • 12 . OIL AND GAS PRODUCTION FACILITIES . 13 . TRANSLOADING . 14. CHURCH . Additional Uses Allowed in 1 - 2 • 2 . Any USE of a research , repairing , manufacturing , fabricating , processing , assembling or storage nature may be conducted in the 1 - 2 Zone District . The USES identified may be conducted outside of an ENCLOSED building , provided that the USE and /or operations of the USE are SCREENED from ADJACENT public rights - of- way and ADJACENT properties . 3 . Areas for parking vehicles or equipment, so long as such parking areas are SCREENED from the ADJACENT public rights - of-way and on adjacent properties zoned R - 1, R - 2 , R - 3, R - 4, R - 5 , C - 1, C - 2 , C - 4 or I - 1 . 11 . OUTDOOR STORAGE when SCREENED from public rights - of- way and ADJACENT properties . 14 . Oil and Gas Support and Service . OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES : a . Parking and maintenance of exploration , production orworkover e quipment . b . Equipment and storage yards for road and pipeline construction contractors, and production unit set - up and maintenance contractors . c . Parking and maintenance for tank and water service companies . d . Storage and rental yards for pipe and production equipment . e . Field OFFICES USED by production - related records and maintenance personnel . f. Disposal and recycling sites for production waste (except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on - site storage occurs ), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials . g . Oil and gas processing facilities and related equipment, including , but not limited to, compressors associated with gas processing or which compress gas to e nter a pipeline for transport to market . UTILITYSER VICE FACILITY: Public utility mains , lines , SUBSTATIONS , gas regulator stations , PUBLIC lift or pumping stations for domestic water and sanitary sewer service , and accessory STRUCTURES where no PUBLIC office , repair or storage facilities are operated or maintained . The 1 - 2 Allowed Uses by Right are Incompatible Must consider the "worst case scenario " For rezoning , promises don 't matter. . . " We will do something that Weld County is proud of" " Trust us . We are good neighbors . " " We are going to make mud pies " These promises are completely irrelevant . The only concerns are the Uses Allowed by Right . Once the zoning is amended , no further public input is possible After the zoning is changed , any Allowed Use is possible A tenant or new owner is not bound by any promises made by others Possible uses and Impacts - - s Research , repairing, Odor a problem with some manufacturing and manufacturing, fabricating, processing uses, such as chemical industries or processing, assembling, or works, chemical storage facilities, composting and storage use . The uses may be conducted OUTSIDE of an related reprocessing or treatment facilities, enclosed building . mineral processing or metallurgical works, petroleum works, and waste facilities Hot work accidents ( spark- producing operations that can ignite fires or explosions ) Visual impact and noise of outdoor activities could depress property values Possible uses and Impacts - - 2 Disposal of domestic sewage sludge Emissions from sewage sludge incinerators contain particulates, heavy metals, toxic organic compounds, and hydrocarbons . Possible ground water contamination . Asphalt or concrete batch plant Incompatibility of asphalt and concrete plants enumerated in MMM USR deliberations — odor, noise, visual impact, emissions containing small particulates, reductions in property values . Possible uses and Impacts - - 3 Oil and gas Sulfides, mercaptans, and hydrocarbon compounds from the production facilities processing and refining of different fuels all produce Oil and gas support significant odors . and service Risk of oil release . The release of hydrocarbons and other toxic materials during an explosion could contaminate the air. Air contamination could cause respiratory disorders in surrounding communities . A fire and blast could take lives . Severe property damage could result . Because railroads have insufficient insurance coverage to pay for accident damages, damages may require public investment Sec . 22 - 5 - 1OO . - Oil and gas Goals and Policies A . 2 . OG . Policy 1 . 2 . Oil and gas support facilities which do not rely on geology for locations should locate in commercial and industrial areas , when possible , and should be subject to review in accordance with the appropriate sections of this Code . Even though Oil and gas support facilities are an Allowed Use by Right , they should NOT be permitted on this site . Possible uses and Impacts - - 4 Transloading Potential incompatibilities include traffic congestion and safety hazards, pollution from trucks and potential spills, dust from materials being transloaded , catastrophic explosion and fire, visual impact, and noise . ► �• r • - -• - t I:41 it T !a • a V 4 Alia i rte,. ` i . Possible uses and I .5 Outdoor storage when Visual impact could destroy adjacent residential screened from adjacent property values and ruin entry to Weld Count if public rights- of-way and screening not sufficient . Elevation of neighboring adjacent properties residents a challenge for screening .0. .... "1,,:„L .._ ' CT j i i \i t- at . - " tit .f`� e ' \ up i *la 1111‘11 I Z' • , 7.11* a 1 _ - ir b t 1 --a_ tat - • tris r 1 `e, • ti N f Yom`- - t - a - , _ , , _. _. ,,,,„„,c ,: -I ' • Ir - - - -- f Other Examples of owe uses - Transloading 1 ._ ______ _ _____,,a„.inet- . . _ __ _ _ • ______ • y.j a • ' . •.' . : S . 1 0 IMP rait—:. t--- Tait tom' _ •, - 1ete -fir^-. 2-'-" •--� _ _- __ � �.c :may r-r^... _ w - }_—M_ �- 'A� - - - - ' - - _ — _yam .ice -T _ _ _---_pi •* -- -Vg\HI .%;-------- 7-t- teS vill•-:- - - .L.- - - - , I mfr ..., ..,.. „- _ . ... .. . , , i _, , „a.% , to , , i . _ ik...,t .......„ e C4C1-- v.-,.. - �_ a. r - 1 ' iv..�, .. - - - -t . hy • ' N 3 - - -_ - __- I. \ -r :, .wry tit 'w - w • . 0.4110.-._.- -P- .f rr . Ira `ter 1 - 2Examplesin Weld County , ____„...,,... . , • •.. a., . • • ri .,,,,„„,..._ _ _ _ _ _ , . ►'. , ,.., . . . • . ..gip- 4a ... „ -- .7 ... r I / 't i 1 t . -6 gamed.. a •- •. 111*.in aost ,- ay t ......,, e • ,. " . rs r t • . IPA + ` + • f T .. 7,- — illii 1 I .� wisea9 8t S� 1DI e �l i �, i3 Id 's =: wr ,� ♦ I r J •• . L\ ... i ....1 ct iv -- --;-6mar• —: v .1 - -> le. rte_ 7��-. Wt l • • >•' rjit ►.• r 1r ic 4 I • -,,,a ..t_1 -- : •` • + ��„ • - 1. , _ - ..,.'}-•1, •'' 1 . ��[[[�"'� g lie 000lc eat-. 4. a.♦ ____ - a s;:ik'le 11 P' I. - 1 . .. - • _ ' .• ,f I t f • rvn ' : • r :�. It -,u.46/:9':i' Y, .. .. a. Z-480 Monroe Lawrence , 369 E 8TH ST WELD L-`t.JS L`. VCIILUICJ LL -., 1L. - V L SOIII JI Z-455 US Corp of Army Engineers, 4045 CR 22 WELD Is this a sound land use practice ? Not according to most planning experts ! ! General Compatibility The impact of noise , odors , air pollution , traffic , property value losses , and other effects of an industrial activity is likely to cause unacceptable conflicts which would require substantial behavior changes by nearby residents . Loss of " quiet enjoyment " of their property A compatible operation would not require behavior changes from the neighbors . Effects of incompatibility Cause economic , physical , and social " drains " on the community Creates barriers to new investment and discourages existing land owners from investing in their properties Creates a drain on the vitality of the community as a whole an use compatibilitymatrix s Figure 1 - Land Use Compatibility Matrix , 75 Both light and heavy industrial c forms are classified as o t 5 undesirable neighbors of 77. ad• - .� y o �, g Future Land Use Compatibility Matrix d u residential land uses, especially par,' � 0 a u gcd 'cc cc r w ; W - E g single -family development . C t �..� J 1/1 VI J O C C r y I: f a -a -a -a E N C ^� ^J GJ :se a L z a a -a ti - .� `� Y it x x x — ,. 3 a� _ c ._ 3 2 2 it Z u 2 2 2 (3 5 Low Density Residential ✓ The various characteristics of Medium Density Residential ≥rf V High Density Residential 0 t" ✓ industrial development are Professional Office a a V ✓ generally not harmonious with Neighborhood Commercial a a ✓ ✓ ✓ Corridor Commercial Wit ✓ ✓ ✓ ✓ the atmosphere sought in Mixed Use Residential/Office• a a a V ✓ ✓ V residential areas Mixed Use Office/Commercial' ✓ V V ✓ ✓ ' Mixed Use Office/Research/Industrial• 4, 0', 4, ✓ ✓ ✓ ✓ Government/Educational/Institutional a e ✓ ✓ ✓ ✓ ✓ ✓ 't3' ✓ Recreational V ✓ e a a ii' 4, ✓ V Utilities 0 0 ✓ ✓ V ✓ ✓ ✓ ''t 't' ✓ Rural Density Residential V t ® ® ® & & ' ' ✓ V Legend Compatible eQuestionable (Compatible Only tf Impacts Can Be Property Mitigated) Incompat•ble • Note: Compatibility of Mixed Use development is dependent on the proposed mixture of uses. Surrounding Land Uses —the REAL story CosEn1efL Windsor 1 I c 62 eel [--- ,_I Loveland -4 \ LI 13 60 15 I F-, I lill [ 11 ,. Windsor I. Idj OHE Greeley 4 -4 \) L7: H . % I-. . OgiC MCI A .. 1 $ 56 15 rl � I1 ° I W\is i -- !„,„ 17 I.'—'7: — 52 E7 Lañmsr County .4— WSd C�* NFRMPO Land Summary Land Use Buildout Source : NFRMPO • Rne.o..ro.l Cow Dandy • CcrneMo r. on Iietuce ^,� 1 nr..eew •�DMMOtre otwntaitRy 3NwMa 1,,,.......e.WtMatw 0�ttatty RnstOrtYsl C Wendt*? W9h kt s:cr t►law Stuck Famoy Rneeenba. neon Deny fusee S . Gshaly kndonee Gre• or . IF ReM al .u.al M 1ph f?em.ty Johnstown .hhnttowtt I ow [»Wray Ner.Ee.wW EniWo>44iM tf, lUr �^^ ^t loWnd r U tijoiOrtelltt . . e . ComarsrtaM w w w Z rr "7 I.N•Lr t Ap Cal .. (I!J,y„v....M 41T4 At • **001,:f i ,aye N CMMMPtW MaiiO M Johnstowr Los Wnt•ty RnWenWi \le I Lest 1 rites aunt~ Johnstown nw L1ene.ty Rsr.pewtyl COn4* tSon-0reaYOAonoslewrekarp Lot Rn.Nntul 6•sslay Re t•le Whet Her Denelty Legend WINDSOR C le 4 JOHN STO viva Sb VOW C+ ey GREELEY As claimed by others li -aiiii• - SF...F re/ g a*SY- ' HWY 34 COMPATIBILITY MAP • 1 i ....Ftig,.age dill! , :.......,.. t S eir . .sue .M ai glirepilinillt.. . • Presented on 8/12/ 2015 To the BOCC ,..... .,--__- AIMPC13..____ _: „.„,„ :„_............=_ ma . t.........ail, 13 ', '4, •O• • I Mr L • . • ki-H . . ...„ . • i... , . • . , .., ., �. . - - ,r , --. , 'Si L. - - - - -, o ns owr s zoning map __ !W ' Ti �� Zone Districts 5 f /) / L.-- ---1-7:/ / /, � JT To .: n Limits i i % ZONE DISTRICTS //4' /I /W//, Y�liii�il:I' �_ ` 4 // / //,• '/!/, N JTZone „It I GATEWAY As stated by, ...mil, 11 S __,j Gc 11111i,-/t \ isH A John Franklin ■ k c . . .. NO I - NC / �. 4 = industrial i o 1 - 04,:,,,:i :// i,i , ni PUD vA e ' '41', _-_____ \\ /Ale IS� /f NEI L In PUD-B 1 m la rpm, PUD-Gateway `�fl/ `� tl+iiiiiv PUD-JC ---\„ ��-.\ I - PUD-M :s �- ` -:� LI \ - _ `N �//ice PUD-MU ,u. t Ill1tlie \ - - -� N i PUD-R Actualo ns own zoning i c„ ,. \.,.. , , „,_, ,....arn .. . __ ‘4:‘ ,. , , , ,, , ., , _ 90 _ / !...,, ift, I /„. _ _ ___. ... , _ . .0 7.- / - - -- _ _ _ _ tr. ,,,,a,.. . ,.(. , 4. , . \c,„ ////, .,-,,, , , . ,,,\ L , . ii ..., .. .. . :, ,„_.4 // /a I' , Will , .. 1 0.4 ii _ r I . lighlill t Illialli if - - - ' . 771 . - _,---- i T .., US rat Iitit' vd • 2/ .2 / .// I_e- eiy . .;:01.1/4'/.�<"41 /•� . :�`W/ :...:off Q - `7 " ' . ////‘ . // ; ---7 r ' i/ // e�r: /// ! , F/" ' / it d ;n c,.\., ; i ‘ilko A / r f ///// / ' % Z/ IL, 411 taA S V , \\.\\\ i rim 0 .11 ' : /// e•-• • - d ' ' / N Ill I •rip" • , .. 4 // J d . V . //�. / ,---�is N . - \ ‘,,' 1.)._\:\.:0\ \ J1 El ‘\..\\. < t i- 77?4,1 `1111 I • J 0 NN • _ f(i\lanimt..) I J I '.0 ;iv_ fee>. dr _ L a .` 0 - .-4/ iif ;44 y. inimatiry , . 4711,H ven_ tib 1 I ‘isit,rdwartiti_fr-biluji,t)41 ,7_ . . •ciaarii . . ., a,,w, / c_irtnJ _ 'or, .6. 7N ‘ SUM \ hi\- ' !?r' 'J % r<' .VL �A \ /At Zr _ . ; s . a- �.o.eec.e� Greeley 's Comp Plan The Applicant's Statement : According to the City of Greeley' s Comprehensive Plan , heavy industrial and manufacturing uses should be located "to take advantage of existing freight rail corridors, air transportation , and major arterial roads. " Greeley Planning Department Statement : According to the letter from Mr . Brad Mueller. Community Deve opment Director for the City of Greeley uses for the Principal Employment Corridor are envisioned to be those such as " community separators . business parks and select industrial uses . Heavy industrial and outdoor storage uses . particularly along the highway . are discouraged unless they are incidental and completely screened . Greeley 's Comp Plan says it best Industrial Land Use Characteristics " . . . Industrial uses include manufacturing , fabrication , processing , and distribution uses . These uses are typically not compatible with many other uses because of the impacts they can create , including noise , lighting , vibration , and odor. " " While some low intensity industrial uses can be designed to be compatible with residential areas , . . . heavier industrial uses usually cannot be made compatible and are best located within larger industrial - zoned areas . " Windsor 's Comp Plan The applicant statement : c Windsor's Comprehensive Plan indicates that "siting requirements for industry should include parcel size, topography, access to rail and transportation and other infrastructure requirements. Town of Windsor Plan Statementre ardin this area : pregarding Employment Corridor. Provides for areas of targeted investment centered on gateway development activities including significant new office, commercial and housing opportunities. Light Industrial. Provides for the identification and preservation of land suitable for light industrial use, for the orderly grouping of such uses in an appropriate setting, and for the promotion of harmonious relationships between light industrial uses (including general commercial uses) and the comm unity at large. What Windsor ima imagine ? The area in Windsor north of US34 is zoned Limited Industrial and is an area designated as an employment corridor in the Windsor plan . Limited Industrial has the following uses by right . None of these are heavy industry such may be uses by right if WELD34 is zoned 1 - 2 . (1 ) Manufacture of electronic instruments (2) Preparation of food products (3) Pharmaceutical manufacturing (4) Research and scientific laboratories (5) Manufacturing . assembly. processing and fabrication plants. (6) Transportation terminals (7) General warehousing (8) Enclosed storage facilities (9) Printing and publishing houses (10) Automobile body repair shops (11 ) Plumbing and heating contractors (12) Painting and decorating contractors (13) Electrical contractors (14) Glazing. insulation , carpentry and masonry contractors (15) Public utility offices and installations (16) Places of assembly (small) (17) Places of assembly (large) (18) Any use otherwise permitted in the General Commercial GC District (19) Other similar uses as defined in Section 16-2-20 of this Chapter. And what about the Railroads ? At the 10 /8 /15 meeting with CLR - 34NA and several of the immediate neighbors , Mr. Tim Pike reported that the site is suitable because of the presence of the GW short line railroad . He further stated that the GW connection to the UP in Milliken and to the BN in Ft . Collins is what makes this site desirable . Allows access to the site from both railroads via the GW However, he also ( reluctantly) acknowledged that this means that ANY location sited on the GW that lies between Ft . Collins and Milliken would offer the same level of rail access . Neighborhood Concerns Based on discussions with the surrounding neighbors who will be most impacted by this land use change Concerns that were mentioned to Mr. Pike on io / 8 / i5 Noise - Industrial and train Odors Visual impact Dust Traffic Unhealthy emissions Mr. Pike ' s response was that Envirotech would not commit to any limits except the County - mandated buffer and screening . Screeningconsiderations Untitled Map J legend ' • lOrt berm 1000 Wdeaue;cngron la vour map > . . ))(( r 1211 berm at 5000 'T-_ • " f I, _ .. ��-ak * , i 121oq tramcars • _Ofwtbuluno - _. _ _ -_ •.% ' 1 - - . 30 root Wrung 500 reel ,, %• _ - � - \ \ :4 . • 50foot twwng ►:+ • r Strait Resdenre • P1 + i• s•� •\ , �_. (oU d5taae marker '� — - r, tell end . � ' :__ 000 foot distance marker - - .��. ._. 7 I • �' -w I 1 Il / /, �i i t •i. ; w .w = - - --- ir j; / +1C00 o et d stance marker j f,� r 't ' - a ' i-' 1 � 4 i i 7. I �r 500;fo'4.44:distance markers k { to ‘t)II ekliAlli too' oot distance marker - 1 V. p Strau bi�Residence ` ry A„ F • iiik Goole earth f . < 7 3 _ `-'.r�..- !� — 1 One approach 1 _ , ___ =_ , _ , , 50 / 2000 40 / 1500 50 / 1000 _ ; 40 / 500 30 / 500 s . d 12 foot berm at 500 foot mark • _ - - - r _ . - _ -�.'.. ✓ 1,,.'� ; K - - C% ..; • ,1 V Awe'.. "[-. Minimum necessary mitigations 5O0 foot buffer that would be converted to a conservation easement, preventing future use , similar to the oil and gas setback requirements . Building height restrictions-4o feet Visual screening of 15 - 25 feet, consisting of berm , sound wall , trees, etc . Odor limit of 4 : 1 ( instead of statutory 7 : 1) Must meet residential noise limit at the property line . NO train noise between ZoPM and 6 AM Short duration (e . g . 5 minutes ) may be negotiable NO chain link or barbed wire fencing . Must be decorative—stone, brick, iron , etc . Limit normal operating hours to 7AM to 7PM , M - F. Haul routes must go north to US -34 All loads must be covered . All outdoor storage of more than ao feet in height must be screened Conclusion The proposed rezoning of the Envirotech / McWhinney parcel is NOT, in fact, consistent with the Weld County Code as it applies to amendments to the zoning map The Planning Commission should recommend DENIAL of this application Foundation for Denial Recommendation - - 1 Section z3 - 1 - 4o Purpose and Intent of Chapter 23 This amendment to the zoning map would NOT promote the health , safety, convenience, morals, order and welfare of the present and future inhabitants of the COUNTY. It is NOT COMPLIANT with the purpose and intent of Chapter 23 Foundation for Denial Recommendation - - 2 Section z3 - 3 - 30o Intent of the Industrial zone Would not protect industry from effects of residential and commercial Uses Would threaten the current and future uses in the neighborhood Would threaten the health , safety and welfare of current and future County residents . It is NOT compliant with the intent of the Industrial zone Foundation for Denial Recommendation - - 3 Section z3 - 2 - 3o . A . 1 Compliance with Chapter 22 ( Comprehensive Plan ) Application does not conform to multiple sections of Chapter 22 of the Weld County Comprehensive Plan No evidence of faulty current zoning Surrounding land uses are agriculture , residential , minimal commercial . Current agriculture zoning is appropriate . No evidence that changing land use patterns would justify this amendment Surrounding municipalities do not envision need for 1 - 2 Foundation for Denial Recommendation - - 4 Section 23 - 2 - 30 . A . 2 Allowed Uses would NOT be compatible with current and future uses in the neighborhood Surrounding municipalities say it 's not compatible All Public Comment letters have expressed strong concerns about incompatibility Sound Land Use Planning practice would confirm that this re - zoning would not be compatible . Summary We understand that there may be considerable political pressure to recommend approval of this application . Rather than a political decision , this should be an evidence - based decision . The evidence says that a denial recommendation is appropriate in this case . What 's at risk ? Everything ! There 's an " unholy alliance between business interests, political interests, and lobby interests . This is why I think this is one of the core things at stake when we vote . When government gets too big too powerful , individual citizens in this nation become too small . " - - Ms . Carly Fiorina , Candidate for President of the United States " Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people . To destroy this invisible government, to befoul the unholy alliance between business and politics is the first task of the statesmanship of today" - -Theodore Roosevelt, 26th President of the United States This slide is intentionally blank . OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use , preservation or disposal , and associated with land USES such as the sales , rental , distribution or wholesale sale of products , supplies and / or equipment . SCREENED : Construction and maintenance of fences , earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise , light, heat or visual impacts of a USE on surrounding uses . A SCREENING PLAN shall be submitted and approved by the Department of Planning Services . INVENTORY OF ITEMS FOR CONSIDERATION Applicant Weld 34, LLC c/o EnviroTech Services Case Number COZ15-0001 Submitted or Prepared Prior to At Hearing Hearing 1 Surrounding Property Owner — Dave Kisker, speech received September 1 , 2015 X I hereby certify that the one item identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. VI A _Li_ Diana Aungst, Plann r Page 1 of 1 My name is Dave Kisker, 6681 Apache Road , Johnstown . I represent the multi- neighborhood group known as the CLR-34 Neighborhoods Assn . I ' m sure that you will not be surprised to learn that we have major concerns about this application for rezoning. Our strongest concern is that a simple SPOT rezoning of these parcels to 1 -2 status would enable many Allowed Uses by Right that would have major negative impacts on the surrounding property owners, primarily for the benefit of the applicant . For example, if their potential neighbor to the south needed additional capacity, asphalt and concrete batch operations could be added on this site without any public review . Until now, there has been no information available about what the applicant will ultimately decide to do on this property. For example, there has been emphasis on the supposed availability of both class 1 rail lines, but in fact, only the Great Western RR is actually on the property. When we have asked about how they would access the UP, no response has been received . When a representative of this applicant met with CLR-34 in June, no additional information beyond the application was presented, and there was no substantive discussion that acknowledged the potential impact of this intense level of industrial zoning on the area, or, any consideration about how to mitigate it . We have been anxiously awaiting the new "vision" that was suggested by the applicant in their request for this continuance nearly a month ago . However, to date, nothing has been forthcoming, despite the necessity that there be sufficient time prior to the Planning Commission hearing, not only for the County Planning Department staff to review it, but also for members of the public to review it and offer thoughtful comments . EXHIBIT l / c ric≥l We do understand that there have been suggestions in the media that it will be "OK" — something that "Weld County might be proud of" . However, because of the inherent limitations on public comment once a rezoning has been approved, we remain extremely concerned that such promises do not, in fact, carry much weight, and could be repudiated quite literally the moment that the rezoning is approved either by the applicant or by a subsequent owner. Nonetheless, we also recognize that SOME development of this land is going to occur, and as we have stated previously, our primary goal is to help assure that when it does occur, it will be compatible with the uses that are actually present, rather than with some vision articulated by developers or other interested parties that does not reflect reality. We are the people that live there, sleep there and in some cases work there . On a daily basis, we deal with the roads, the traffic and the general environment . To ignore our input and our concerns is directly counter to the requirement for our Weld County government to protect the health, safety and welfare of the current and future residents . To that end , we respectfully ask that the Planning Commission STRONGLY encourage the applicant to agree to substantial limits on the proposed rezoning, including eliminating the most damaging of the Allowed Uses from the permit, as well as incorporating substantial buffers and other restrictions so that the ultimate damaging impact by this operation upon its neighbors is eliminated . The CLR-34 Neighborhoods Assn . would gladly work with the applicant to find suitable solutions to this threat as long as they are substantive and are timely and offered in good faith , with the understanding that they must be real modifications and not just window dressing. Thank you . Diana Aungst From: Tim Pike <tpike@envirotechservices.com > Sent: Thursday, June 04, 2015 5:00 PM To: Diana Aungst Subject: Fwd: Community engagement re: COZ15-0001 Diana, Here is another communication exchange I had with the neighborhood group after the initial contact. In this one, Dave make the assertion that I had contacted the County, to say they were not willing to meet with me. Obviously from the earlier email I shared with you, that is not the case. However, we have tentatively scheduled a meeting on the 16th. Time and place to be determined. As I mentioned to you before, you are welcome to join me. Once I know the specifics, I will send them along to you. Thanks Diana. Forwarded message From: CLR-34 NA <clr34na@gmail.com> Date: Fri, May 29, 2015 at 8:46 AM Subject: Re: Community engagement re: COZ 15-0001 To: Tim Pike <tpike@envirotechservices.com> Mr. Pike, Thanks for the prompt reply, especially given the work you had done yesterday. I will communicate to Planning that we are in agreement. Hopefully this will resolve the misinformation regarding this project. I'll try to confirm the 6/16 date and get back to you next week. Dave Kisker President, CLR-34 Neighborhoods Assn. On Fri, May 29, 2015 at 8:42 AM, Tim Pike <tpike@envirotechservices.com> wrote: Mr. Kisker, I am not sure to whom you spoke with, nor where they received their information. I do agree that the earliest we could meet was the week of June 4th due to my wisdom teeth extraction that took place yesterday. I am available to meet with your group June 16th. I can also make it at 6:00 or 6:30 should you prefer. Please let me know when and where, and I will plan on being there. Respectfully, On Fri, May 29, 2015 at 8 :09 AM, CLR-34 NA <clr34na@gmail.com> wrote: Mr. Pike: 1 It has come to my attention that the Weld County Planning Department has been told by Envirotech that CLR-34NA which represents the neighborhoods surrounding your proposed re-zoning, is not willing to meet with you to listen to your story. This representation is not correct, as a review of the record would show. In fact, it was I who reached out to you after your conversation with Mr. Dirks, and stated that "CLR-34 is potentially willing to discuss your plans, either in a meeting or possibly in a phone call." The key issue was that there would need to be some "meat" in the discussion since the problem that would be created by Envirotech must be solved by Envirotech, and the current vague proposal would be essentially impossible to discuss productively. In fact, at the end of those email communications, we agreed that I would take your meeting proposal for June 4 or 5 to the CLR-34 members but you indicated that you would be unavailable for most of the intervening time, so it was my perception that there was no extreme urgency. Yet, I learned this morning that you have told the County that it is US who are being uncooperative. I'm puzzled by this, given where we left the discussion. Although I'll be contacting the Planning Department to correct the record, I'm pretty disappointed that Envirotech would resort to this misinformation tactic. It certainly does not inspire confidence that we can trust anything that is presented by your company. I would ask that you also attempt to correct the record with the County, as a show of good faith, if nothing else. In the meantime, we had a CLR-34 meeting this week and discussed your request for a meeting. As you might imagine, there was considerable skepticism of the value of such a meeting, but the consensus was that we should have the meeting and listen to what you have to say. But, as it turns out, a couple of key folks are going to be unavailable on June 4 and 5. Although I hate to delay so much, we need to move the meeting to the week of June 15- 19. In fact, there will be a CLR-34 meeting on June 16, in the evening, which would be the best possible time for you to meet with us if you can. The meeting is normally at 7PM, but with planning, we may be able to move it to 6 or 6:30PM. Please let me know if this can work for you. Dave Kisker President, CLR-34 Neighborhoods Assn. Tim Pike EnviroTech Services, Inc. Rocky Mountain Regional Manager (970) 395-7711 - office (970) 352-0620 - fax (970) 397-5235 - mobile tpike@envirotechservices.com 2 Tim Pike EnviroTech Services, Inc. Rocky Mountain Regional Manager (970) 395-7711 - office (970) 352-0620 - fax (970) 397-5235 - mobile tpike@envirotechservices.com 3 Hello