HomeMy WebLinkAbout20042780 igot , MEMORANDUM
W . TO: Board of County Commissioners September 2, 2004
COLORADO FROM: Jacqueline Hatch
SUBJECT: AMUSR-935, Brittara Land Company
The applicant for AMUSR-935, Brittara Land Company do Phillip Wenta has submitted the
attached letter dated September 1, 2004. The applicant has addressed 1.A regarding on-site
signage and 1.B regarding a product list of the staff comments that were required to be
completed prior to scheduling the Board of County Commissioners hearing.
Thank you
2004-2780 !wag
Sep 02 04 01 : 20p p. 2
' BUTT P.O.Box 547
Windsor,Co 80550
Land Company, LLC Finance&Acquisitions:970.674.1767
Engineering&Construction:970.674.9741
9/1/2004
Jacqueline Hatch
Planner
Weld County
Via Fax # (720) 652-2411 &(970) 304-6498
RE: Amended USR 935 request from staff la& 1b
Jacqueline,
Per your request I am writing to address items la& lb on your recommendation on
Amended USR 935. Following shall address both items:
1A) Signage. We will not be needing signage currently on this site now that we have
removed the retail component of this application. Any future needs for signage would be
addressed through proper channels adhering to county ordinance and code.
1B) Product List. The additional products"associated with landscaping industry" would
be just that. 1 would like to see it read that way because of some of the changing demand
that is associated with Commercial and Residential landscaping. Ow intent is not to go
outside of this. Pioneer's companywide product list is as follows for their company and
this would be the maximum scope we would encounter with Landscape Materials: Rock,
Landscape boulders,Gravel, Sand, Mulch& Ground Cover,topsoil and compost
mixtures,manufactured stone& retaining wall systems, fabric &pins, timbers&ties.
This should address those requests. Please let me know of any other concerns or
questions and we will address them promptly.
We are quite disappointed by the lack of opportunity to condense timeline with the
mishandling of our Pre-Ad and that money. Please process this as soon as possible.
Thank Yo
P 'Hip enta
Owner
BritTara Land Company
"Creating Value &Opportunity Through Quality Engineering, Consulting&Development Services"
*( ,vy 4!Ff /
Krist Mathisen 5505 WCR 38 H) 970-535-0842 -� Lk-:L- 5 3
"Use by Special Review Permit" Case # AmUSR-935 p L Tic:
Applied for by Brittara Land Company LLC
Pioneer Landscape Company Vjc:;Li
Board of County Commissioners of Weld County,
I have a number of concerns as well as questions I feel should be addressed before any
decision is made to change the use of the site directly to the west of me. I believe I will
be greatly affected by having a landscape distribution company as a neighbor due to two
sides of my residence boarder on the purpose site.
In the Planning meeting, it was stated that"Brittara Land Company" talked to one
neighbor and they were threatened. Therefore, contacting other surrounding neighbors
apparently did not happen. It is disappointing that Pioneer Landscape wants to be our
neighbor, affect us all and has made no attempt to contact us in person or in writing to
discuss issues. The present look and low impact of a few weeks in the spring and fall is
acceptable. The purposed landscape company's schedule of days, hours and the number
or trucks for operation throughout the entire year will dramatically change the esthetics,
and to a high impact agriculture area. The Planning Boards original recommendation at
the start of the public meeting ( Tuesday, August 17, 2004 1:30 p.m.) was that they
"deny" having a landscape company located in this area, " It did not fit in with the
surrounding area".
Thoughts and Concerns;
*) The entire operation should be screened solid at least to the height of the train
cars and or pile heights to minimize the eyesore.
*) Landscaping surrounding the operations should include a variety of trees, to
provide different height levels.
1) Dust suppression on entire road of WCR 38, between 1-25 and WCR13
2) Limit the number of trips/trucks per day, to one per hour, maintain low impact
3) If the number of truck trips is exceeded, a penalty can and will be enforced
4) Maintenance of road must be kept to a agreed standard, or a penalty
5) Noise must be kept to a agreed standard, or a penalty
6) Hours of operation should be reduced to M-F 8-5, no weekends
7) If for any reason Brittara Land Company/Pioneer Landscape Company defaults,
sells or changes, the land reverts back to the original conditions.
8) Prior to the planning meeting, not all the landowners within 500 feet were
contacted, does this void past meeting decisions, incorrect procedure
9) RR crossing be fixed and maintained, train schedule M-F 8-5p.m.
10)All decisions be put on hold indefinitely by the Board of County Commissioners
of Weld County until a discussion/agreement between neighbors and Brittara
Land Company/Pioneer Landscape Company can occur.
11)This is a classic case, the big company will agree to just about anything to get in,
therefore strict penalties should be enforced, neighbors should be compensated.
This is not a commercial area, the area next to I-25/ Mead (a few miles S.W.) will
provide the opportunity to have easy access, high visibility and a retail business.
= EXHIBIT
' . .. bile, i
Tom and Nancy Vetter
4700 Weld County Road 38
Platteville, Colorado 80651
Board of County Commissioners of Weld County
P.O. Box 758
Greeley,Colorado 80632
September 23, 2004
RE:Case#AmUSR-935
To WHom It May Concern:
This letter is my response to a special permit zoning application for the"Brittara Land Company".I was
appaled that I was not contacted of this matter when it will impact the road on which I have over 500 feet of
my property bordered by the road.l feel that this application is not in the demographic picture of this
area.There is prospects of home development east of me and north of me on road 38 and I feel this will
impact the safety of the neighborhood. WHen moving here 4 years ago I thought this was a nice rural area
with a dirt road for riding horses.But just in this time I have found this unmaintained road with no speed limit
is used very regualarly by speeding traffic which has resulted in our family dog being killed and a chicken
and then the dust impact had caused a pony to have a severe allergy which eventually resulted in his
demise. THe dust levels during the fall is appaling just from the impact of the beet trucks speeding down this
road.
If this does pass I would like to see the road properly maintained with magnesium chloride as often as
needed for the full lenghth of the road not just 300 feet.A residential speed limit of 25 MPH because when
the trucks are speeding and my kids are waiting for the school bus the dust is to where the kids can not be
seen.l would only want them to make a maximum of 8 trips a day on the road.The railroad crossing at the
frontage road on 1/25 if it is to be used needs to be fixed along with the rails.! would like to know how the
noise impact and amount of traffic control will be monitored.
I hope that you will take into considerations this is a budding resedential area for equistrain and family
enviroments and a buisness such as this on this road does not fit within that perimeter.
Sincerely,
Tom and Nanc Vetet
[. EXHIBIT
C7
at rr�tC V�
Carol Harding
•om: Ink2pen@aol.com
,ent: Sunday, October 03, 2004 10:04 PM
To: Carol Harding
Cc: NanefteJ@aol om
Subject: Case#AmUSR-935 Docket#2004-89
Copy of letter sent October 4 to the Board of County Commissioners of Weld County.
3229 Branding Iron Way
Berthoud, CO 80513
October 3, 2004
Board of County Commissioners of Weld County P.O. Box 758 Greeley, CO 80632
RE: Case #AmUSR-935
"a
Dear Board of County Commissioners, -,- -
I am a landowner with agricultural property across the street from the location requesting
a special use permit. My land is -53 acres on which I also plan to place a house into
which I will move within the next two years. I am a strong believer that a property owner
has a right to do with their land as they please. However, the impact on others around
them should and must be considered in their decision. The special use permit is requesting
a business that will utilize the railroad and County Road 38 for normal business
operations. If either of these items where not available, the business could not be
performed. As such, these two items must be studied to determine if both resources can be
_maintained to a level required by the business and also agriculture and residential owners
to also require constant access by CR38 . Along these lines, I have some observations that
.. respectfully present for your consideration.
1. Road Access for Residential and Emergency Vehicles:
CR38 has had major work along the side to install a main water line. During this time,
large trucks and equipment have constantly been on the surface of the road. During the
last rainstorm on September 22, 2004, most of the heavy equipment was gone. However, the
few trucks that went over the road made it impossible to drive a passenger car (non-four
wheel drivel without danger of becoming stuck. On Thursday, September 23, a grader and
loader were trying to maintain the road to remove the ruts and washboard created by the
equipment . These two machines were working all day on the '-s mile stretch between CR13 and
CR38 that will also be used by the trucks for the landscape company. Even though they
worked all day, the road was still dangerous for standard passenger cars.
What will be the cost to maintain the road at a safe level? The grader took a whole day to
resurface the road under a "road closed" condition. With the new business, it is estimated
one truck every 20 minutes is expected on CR38 . Has a study been made to determine the
current level of traffic and the estimated impact on the surface to determine if a dirt
road is adequate? After observing the road during construction, I cannot envision a dirt
road being sufficient for this operation.
2 . Dust and Noise Levels meeting EPA Standards:
The business is not only working in an agricultural, but is also adjacent to a residential
subdivision that has just started west of the proposed site. Has the dust and noise level
impact of the business from transfer/loading equipment on the property along with the
extra dust and noise from CR38 been assessed and submitted to responsible authorities? If
not, these need to be considered and/or addressed by the requesting party for the special
use permit .
Children are in the Area:
,es with most residential/rural areas, safeguards must be in place to insure equipment or
goods located on the special use property do not harm children. A fence or some means of
protection is required. Because the roads have been rural, I have seen children riding
horses along the side of the road. I have also seen children riding bikes . New use
1
restrictions, speed limits and monitoring is necessary to protect families from tragedy.
Summary:
—These are just a few of the issues I think are relevant. Because this is a special use
?quest, I feel the requestor is responsible to make improvements to the area they are
impacting. Those profiting from the revenue of this business, rather than the taxpayers,
should pay for required upgrades. Certainly the road improvements, including the railroad
crossing, would prove the most costly for this business operation.
In addition, do we have sufficient fire hydrants to meet the safety need of the business
and the current and future residences that are planned for the area? It is the
responsibility of the Board of Commissioners to see that safety is addressed by any and
all changes to zoning (or special use petitions) . As a major part in the planning of Weld
County, you have the big picture of our future. Only you are able to ensure each
individual impacted by this type of request is protected and ensured the best (most fair)
outcome is reach. If the answers to the above situations are not available, I request that
you either deny the permit or demand the answers from the parties named in the petition.
(BritTara Land Company, LLC and Pioneer Landscape)
We respectfully submit this request for your consideration.
Sincerely,
James and Nanette Jeppesen
Agriculture Address 5710 CR38
2
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3229 Branding Iron Way
Berthoud, CO 80513
October 3, 2004
Board of County Commissioners of Weld County
P.O. Box 758
Greeley, CO 80632
RE: Case #AmUSR-935
Dear Board of County Commissioners,
I am a landowner with agricultural property across the street from the location requesting a special use
permit. My land is —53 acres on which I also plan to place a house into which I will move within the next
two years. I am a strong believer that a property owner has a right to do with their land as they please.
However, the impact on others around them should and must be considered in their decision. The special
use permit is requesting a business that will utilize the railroad and County Road 38 for normal business
operations. If either of these items where not available, the business could not be performed. As such,
these two items must be studied to determine if both resources can be maintained to a level required by
the business and also agriculture and residential owners who also require constant access by CR38. Along
these lines, I have some observations that I respectfully present for your consideration.
1. Road Access for Residential and Emergency Vehicles:
CR38 has had major work along the side to install a main water line. During this time, large trucks and
equipment have constantly been on the surface of the road. During the last rainstorm on September 22,
2004, most of the heavy equipment was gone. However, the few trucks that went over the road made it
impossible to drive a passenger car (non-four wheel drive) without danger of becoming stuck. On
Thursday, September 23, a grader and loader were trying to maintain the road to remove the ruts and
washboard created by the equipment. These two machines were working all day on the 1/2 mile stretch
between CR13 and CR38 that will also be used by the trucks for the landscape company. Even though
they worked all day, the road was still dangerous for standard passenger cars. What will be the cost to
maintain the road at a safe level? The grader took a whole day to resurface the road under a"road closed"
condition. With the new business, it is estimated one truck every 20 minutes is expected on CR38. Has a
study been made to determine the current level of traffic and the estimated impact on the surface to
determine if a dirt road is adequate? After observing the road during construction, I cannot envision a dirt
road being sufficient for this operation.
2. Dust and Noise Levels meeting EPA Standards:
The business is not only working in an agricultural, but is also adjacent to a residential subdivision that
has just started west of the proposed site. Has the dust and noise level impact of the business from
transfer/loading equipment on the property along with the extra dust and noise from CR38 been assessed
and submitted to responsible authorities? If not, these need to be considered and/or addressed by the
requesting party for the special use permit.
4 EXHIBIT
Jeppesen Letter for Case # AmUSR-935 Page 1
- s•
3. Children are in the Area:
As with most residential/rural areas, safeguards must be in place to insure equipment or goods located on
the special use property do not harm children. A fence or some means of protection is required. Because
the roads have been rural, I have seen children riding horses along the side of the road. I have also seen
children riding bikes. New use restrictions, speed limits and monitoring is necessary to protect families
from tragedy.
Summary:
These are just a few of the issues I think are relevant. Because this is a special use request, I feel the
requestor is responsible to make improvements to the area they are impacting. Those profiting from the
revenue of this business, rather than the taxpayers, should pay for required upgrades. Certainly the road
improvements, including the railroad crossing, would prove the most costly for this business operation.
In addition, do we have sufficient fire hydrants to meet the safety need of the business and the current and
future residences that are planned for the area? It is the responsibility of the Board of Commissioners to
see that safety is addressed by any and all changes to zoning (or special use petitions). As a major part in
the planning of Weld County, you have the big picture of our future. Only you are able to ensure each
individual impacted by this type of request is protected and ensured the best (most fair) outcome is reach.
If the answers to the above situations are not available, I request that you either deny the permit or
demand the answers from the parties named in the petition. (BritTara Land Company, LLC and Pioneer
Landscape)
We respectfully submit this request for your consideration.
Sincerely, 7
James and Nanette Jeppesen
Agriculture Address 5710 CR38
,r-
Jeppesen Letter for Case# AmUSR-935 Page 2
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS ( Iz6/0y THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, Jacqueline Hatch, HEREBY CERTIFY UNDER P ALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST CA-If-TEEN DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR THE AGRICULTURAL ZONE DISTRICT.
-L4A--tz.
Name of Person Posting Sign
Signatur of Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) �'
The foregoing instrument was subscribed and sworn to me thiL day df )l /)I , 2004.
WITNESS my hand and official seal.
11
it
Notary Public
My Commission Expires: 1(
-77.77
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Attsri MEMORANDUM
WI ' TO: Board of County Commissioners October 6, 2004
COLORADO FROM: Jacqueline Hatch
SUBJECT: AMUSR-935 Brittara Land Company
The Department of Planning Services requests that the following be incorporated into the resolution.
New Development Standard #2
The following items are permitted on site: agricultural supplies, rock, landscape boulders, gravel, sand, mulch,
ground cover, topsoil, compost mixtures, manufactured stone, retaining wall systems, fabric, pins, timbers and ties.
'&: > ,
A
MEMORANDUM
TO: WELD COUNTY BOARD OF COUNTY
COMMISSIONERS
' FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH ‘1,7
ei SERVICES
SUBJECT:USR-935 REQUEST TO CHANGE DEVELOPMENT
COLORADO STANDARD
DATE: 10/06/2004
Please note the following request to change the word "patrols" to "patrons" in development
standard #13:
Adequate hand washing and toilet facilities shall be provided for employees and patrons of the
facility.
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