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HomeMy WebLinkAbout20193728.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant: Emma and Sergio Vargas Case Number USR19-0027 Submitted or Prepared Prior to Hearing At Hearing 1 Surrounding Property Owner Letter — Hill — received June 3, 2019 X 2 Surrounding Property Owner Letter — Fogle — received June 3, 2019 X 3 Surrounding Property Owner Email — Fogle — received June 3, 2019 X 4 Surrounding Property Owner Letter — James — received June 3, 2019 X 5 Surrounding Property Owner Letter — McReynolds — received June 3, 2019 X 6 Surrounding Property Owner Email — Long X I hereby certify that the one item identified herein was submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. .la �L IPe -Jesi Angela Snyder, Planner EXHIBIT From: Darrel Hill To: Anciela Snyder Subject: Re: USR19-0027 Date: Monday, June 3, 2019 11:17::54 AM Attachments: image001.jpa In tai S 1 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. It looks to me like there are two different questionnaires, and it looks like someone with knowledge of what the county wants to hear was hired to fill out the forms. I do have a question about why Hill Petroleum would be doing the landscape maintenance. Is this correct, or was the form copied and pasted. The Hills On Monday, June 3, 20'19, 10:5'1:58 AM MDT, Darrel Hill <deelhill@yahoo.com> wrote: It was obtained by the questionnaire for the USR. It is a rough estimate with the applicant saying that there would be 24 trips in and out per day with only 3 trucks and employees, so with eventually 10 trucks and more employees it could be over 40 trips per day. Also, what kind of limitations would be placed on maintenance only during day time hours as there are neighbors close by and noises at night would be unacceptable. We, as well as, the neighbors do not want any more commercial trucking businesses within this I mile radius. Weld County has a long standing reputation as an agricultural community and slowly the large companies and corporations are trying to change it. As a longtime member of Weld County I think it is the responsibility of the Planning and Zoning Commission as well as the CountyCommissioners to uphold our Agricultural history. I often wonder if the powers that be had one of this businesses built in their backyard how would they feel, but then again, they most likely have nothing to loose. Darrel and Debbi Hill On Monday, June 3, 2019, 6:51:04 AM MDT, Angela Snyder<asnyder@weldgov.com> wrote: Thank you for your response, Mr. Hill. I will add it into the record. I did want to clarify one point. The Vargas' have only applied for three commercial vehicles for what I believe is six vehicle trips per day and not 40. Could you please let me know where this information was obtained so that I can make sure we have the most up to date information on the website? Thank you, Angela Angela Snyder, CFM Planner I 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 WC Logo Color Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Darrel Hill <deelhill@yahoo.com> Sent: Sunday, June 2, 2019 11:38 PM To: Angela Snyder <asnyder@weldgov.com>; mmader@weldgov.com Subject: USR19-0027 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Angela, We are writing this e-mail in response to the Application Review Notification Card { Case # USR19-0027} that was sent to us last week. If we need to send a letter also, please let us know. First, we feel that a commercial trucking business would not be in the best interest of the neighbors and ourselves. We realize that there is another trucking business to the west of the application address. That business has definitely not enhanced our neighborhood/community. We have always been an agricultural community and with the addition of commercial trucking businesses it is making our landscape look more like a commercial park, as there are already too many commercial trucking businesses within 2 miles and our roads are overcrowded now. Almost all of the landowners in this area have livestock and engage in activities involving livestock. In fact, we run our horses in the adjacent pasture. We are the land owners that sold the property to the Vargas family. If they had been upfront and told us that their plan for the property was to use it for a commercial trucking business, we would have not sold it to them. Our plans for the future involve adjacent land being sold in small parcels for residential/small acreage use, as the exemption process allows. We feel that if a commercial trucking business is allowed it would greatly decrease the value of future land sales, as well as, the desire of future neighbors to live next to a commercial business. What would be our compensation for the decrease in land value? Second, is the fact that the entrance/exit from the property onto County Road 44 is an easement owned by us. It is midway up a hill with very limited visibility. The traffic approaching from the west would most certainly not be expecting large trucks slowly pulling out into 2 lanes of traffic off a dirk driveway. This is a huge safety issue. There is also a very busy intersection at CR 44 and CR 53, just to the east of the property. It was mentioned in the application that the trucking company to the west has a large shop and several trucks, first, they have more than 3 acres, have less than 40 day trips and have much better visibility when pulling onto CR 44. There is no comparison. When we sold this property to the Vargas' we allowed for a 30 ft .wide residential easement onto our property to access County Road 44. This easement serves as the entrance to the Vargas' driveway, as well as, an access road to our lower property and for future building sites. With 40 tripslday on the application, how does this affect any future use of this access by residential traffic? At this point we are responsible for maintaining this entrance. THIS IS A RESIDENTIAL EASEMENT, NOT A COMMERCIAL EASEMENT. Third, we are concerned with disposal of any type of waste, ie. water, oil etc, noise pollution from trucks starting, running and being worked on and employees having contact with our very expensive horses that we run next to this property. We are also interested in how prevention of contaminated/waste water from getting into the underground water table, as it is very shallow in this area. From what we understand, the Vargas' are planning on putting up a chain link fence around the perimeter with brown slats on the east and west. There has not been a mention of any screening on the south, which would be the main portion that our livestock has access to. As owners of the adjacent property we feel that a more visually pleasing, and keeping with the agricultural theme of the area, would need to be agreed on by us. Fourth, current county regulations stipulate in Sec. 23-3-40.M Commercial Vehicles, that 1 commercial truck and trailer is allowed on less than 80 acres. So, how can 10 trucks on 3 acres be acceptable. I am aware that a new county code limits the ability to place commercial trucking businesses in agricultural communities. I realize that the Vargas family applied for the permit before this code was changed, however, with the counties awareness of this being an issue, we are appealing to their sense of right from wrong to not approve this USR. Fifth, there is no way that adding a company with 20 employees enhances the community, so far, all we have noticed by adding companies with several employees to our area is the crime/vandalism rate rising. I am sure this can be verified by the sheriff's dept. In closing, We feel in the short amount of time the Vargas' have owned the property ( 2018) that it was their true intent to use this as a commercial site and not residential. The Vargas' told our realtor that they wanted to put a mobile home and shop on the property, with no mention of a commercial trucking business. If the Vargas' wanted a commercial building site then they should have purchased such property. We feel badly, because this has caused a lot of tension with the surrounding neighbors and we feel responsible if this comes to pass. We are looking into any available means to stop this process. We are concerned with who would be holding the Vargas' accountable and honest regarding the total number of trucks, etc., as they have already proven that their up front honesty is in question. We hope that with a more clear understanding of what has transpired, your committee will reject this application. Thank you for your time, Darrel and Debbi Hill 20705 CR 53 Kersey, CO 80644 970-381-5316 970-381-5317 May 31, 2019 Weld County Department of Planning Services 1555 N 17th Avenue Greeley Co 80631 ATM: Angela Snyder RE: Case # USR 19-0027 Sergio and Emma Vargas EXHIBIT I am the owner of the property at 25833 CR 44. My main concern regarding the lot south of my property changing from residential/agricultural to commercial is the location of the driveway on that property. Slow truck traffic entering and exiting the property at the base of the hill is going to cause multiple accidents from the traffic heading east on WCR 44. Poor visibility traveling east bound over the hill (vehicles and trucks fly down that hill) and semi -trucks pulling slowly out onto county road are asking for trouble, My second concern with allowing this property to be re -zoned to commercial is 314 acres will seem very congested with 10 semi -trucks, 10 trailers, employee parking, along with a 4 -bedroom home and a 65 x 20 shop. I am not against anything to do with a trucking business trying to succeed and grow, my husband has owned his own semi -truck and trailer for the past 16 years. I just feel that this location is not the right area for trucks to be pulling in and out onto the county road. t Kris Fogle 25833 CR 44 Kersey CO 80644 IMYu�.av:.:v W.: .. ha MIL. ILVAP.V EXHIBIT From: To: Subject: Date: Fade, Kris E. Angela Snyder RE: USR 19-0027 Monday, June 3, 2019 8:30:50 Al l a S 3 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. T went on the site that was given to me on my post card I received in the mail. I left the information at home today, ifs not here with me at work. All items online said that they have 3 trucks right now, want to get six and work their way up to 10. Kris Fogle Senior Accountant Payroll Department 420 6th Avenue Greeley, CO 80631 970.346.7231 (O) 970.353.0517 (F) KFogle@henselphelps.com Original Message ----- From: Angela Snyder <asnyderweldgov.coi> Sent: Monday, June 03, 2019 6:49 AM To: Fogle, Kris E. <KFogle@henselphelps.corn> Subject: RE: USR 19-0027 Thank you for submitting this. I did have a clarifying question though. The Vargas application is for three commercial vehicles, not ten. They updated their application. May I ask where this information was so that I can correct it? Angela Snyder, CFM Planner I 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. -----Original Message----_ From: Fogle, Kris E. <KFogle@henselphelps.com> Sent: Saturday, June 1, 2019 3:13 PM To: mmader@weldgov.coin Cc: Angela Snyder <asnyder@weldgov.com>; Fogle, Kris E. cKFogle@henselphelps.com> Subject: USR 19-0027 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Angela, please see the attached letter regarding USR 19-0027. Deadline June 3rd. 1 was told that you are out of the office until June 4th, and to forward my letter to the email address mmader@weldgov.c.om Please respond to this email in receipt of my attached letter. Thanks! Kris Fogle Senior Accountant Payroll Department 420 6th Avenue Greeley, CO 80631 970.346.7231 (O) 970.3510517 (F) KFogle@henselphelps.com EXHIBIT From: To: Subject: Date: Marvin James Anciela Snyder, mmader@weld+iov.com; mariam54@yahoo.com Objections to Case #USR19-0027 Monday, June 3, 2019 2:58:37 PM 3 a 4 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms. Snyder and Mr. Mader, We are homeowners directly to the west side of this proposed business. We have reviewed the proposal for the trucking business and are greatly concerned that yet another trucking company is moving into our neighborhood. Since the expansion of County Road 49 and oil field development in our area, we have experienced continuous growth of industrial based operations in our area. This is changing the dynamics of a once peaceful agriculture area into an ever increasing Industrial area. We now have oilfield pumping stations, oil gathering stations, crude oil tank parks, water treatment facilities, trucking companies to support oil field, and truck towing companies. With this growth we have experience a steady decline in our way of life to the benefit of communities and counties that are not allowing this growth. We have stayed quiet over the course of 28 years at this address supporting the positive gains our County has enjoyed, We have reached our limit and do not want anymore Industrialization of our agriculture -based way of life. Our first objection is regarding the road access - it is adjacent to a bridge over the ditch and eastbound traffic would be coming up the hill and would not see trucks pulling out. There is also not enough room for a turn lane. Secondly, as we stated before,it would disrupt the peace and quiet in this area. Having trucking activity at all hours of the day and night is not good for property values. Thirdly, this property is immediately to the west of a wetland area, (the water table is at ground level with visible water year-round). We are concerned about the environmental impact if this area is developed. This area has a lot of open space with horses and pastures. It is zoned agricultural for a reason. There already is extensive daytime truck traffic on Road 44 and this would add to the noise and congestion. We oppose having this business at this location. Thank you for considering our viewpoints. We appreciate your efforts in keeping our county a wonderful place to live. Sincerely, Marvin and Betty J. James 25766 County Road 44 Kersey, CO 80644 (970) 381-4294 EXHIBIT From: To: Subject: Date: Laura McReynolds Anciela Snyder USR19-0027 Monday, June 3, 2019 2:29:12 PM 2 5 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms Snyder, Our property address is 26125 County Road 44, Kersey, CO 80644. This email has our address correct. Although we are not within 500 feet of the property that is applying for the USR, we are within close proximity and have concerns and strongly obj ect to this use for commercial trucking in and out of this property. The driveway entrance to this property is not intended for commercial trucks. There are no turn lanes or merge lanes, nor is the road wide enough to develop these lanes. There is a steep hill west of this driveway assess on Road 44 which prevents visibility for trucks turning out onto Road 44. The necessary detention pond required for the intended use of the property is also a concern. We are are concerned about ground water contamination to our pond which is down flow and currently waters livestock and wild life. The property also is only 3 acres which offers very limited allowance for septic and leach field placement with the high ground water which is obvious on the property. The ability to have a proposed 10 trucks, maintenance building, residence, detention pond, leach field, parking for employees and driveway seem impossible on the proposed site. The existing driveway access to this property was never intended to be an access for commercial vehicles, nor should it be. The use of the 3 acres should only be allowed for residential or agricultural use. Allowing a commercial trucking operation from this property will decrease our property values and quality of life as well. We strongly object to the approval of this application. Regards, Bruce and Laura McReynolds Sent from my iPad Fwd: USR 19-0027 Sergio and Emma Vargas Page 1 of 2 From: T116244 <t1l6244@aol.com> To: mmader <m mader@weldgov.corn> Subject: Fwd: USR 19-0027 Sergio and Emma Vargas Date: Thu, May 30, 2019 4:15 pm I received Ms. Snyders out of office and I was told to forward this to you to meet the deadline. ----Original Message ---- From: TII6244 <tII6244@aol. com> To: asnyder <asnyder@weldgov.com> Sent: Thu, May 30, 2019 3:17 pm Subject USR 19-0027 Sergio and Emma Vargas Good Afternoon Ms. Snyder We have received the notice on this U S R 19-0027 that the Vargas family is trying to get this property rezoned from Ag to Commercial for a trucking business. The card we received says this property is adjacent to and south of WCR 45 and west of WCR 53. However, the map shows it to be on the south side and adjacent to WCR 44 and south of WCR 53. I was recently in the planning commission office and it was confirmed that the property is off of WCR 44. We live approximately 300 feet to the west of this property, The Vargas' purchased this property approximately one year ago. Since the purchase of this property they have been parking 1-2 semi trailers there. As you are aware, they purchased this property knowing that it was not zoned for Commercial Use. In the previous year's time, there has not been any activity on the property as far as preparing a building site for a residence or any agricultural use whatsoever. Only the parking of the semi trailers there. To the west of this property is a slight hill. Our concern is that traffic coming from the West will not be able to see vehicles pulling out of the Vargas property until it is too late and it will be an accident looking for a place to happen. Also, I believe that the property only consists of 3 acres, which is a small area to be putting a residence on and be running up to six semi trucks and trailers out of. I don't know if the Vargas family is even going to put a residence there or if their intention all along has been to run a commercial trucking operation out of the site. We already have one trucking operation along CR 44 that was approved approximately 3 years ago. This USR was for Teri Schwartzkopf at 25569 CR 44, Kersey Colorado. On that particular USR there were several of the neighbors that went to the planning commission meeting citing our concerns with the number of trucks and trailers, hours of operation and entrance/ exits to this property as well as other issues. Despite every single neighbor citing their concerns, the Planning Commission approved this USR and set restrictions regarding the number of trucks and trailers as well as hours of operation for this commercial operation. Since that time, we have had to put up with trucks and trailers coming and going at all hours of the day and night which is outside the scope of the operations outlined in the USR. There is more than the Schwartzkopf trucks being operated out of property - it is various trucks with various names and DOT #s on the door. My point in all of this, is once the USR is approved, the rules are not followed and it is too late for anything to be done about it. This is our concern with the Vargas operation. Besides the hill blocking the entrance point to this address which is so dangerous, adding 3 - 6 more trucks and numerous trailers operating in the same area is getting to be a bit much. We have lived in our residence for 26 years as an ag zoned property. We have numerous animals and live per the zoning of the area. I understand that Weld County has a growing population, but feel that there is getting to be less and less Ag property left and those of us that want and already have property that is AG based are being ran out by the commercial operations that are being approved and then NOT being held to the rules that are set up. Therefore, I hereby would like to state that we are highly opposed to this property being changed to a commercial land use. Thank you for your time and consideration, Steven and Ta rn mera Long https ://mail.aol.com webmail-stdlen-us/Print essage 7/15/2019 Fwd: USR 19-0027 Sergio and Emma Vargas Page 2 of 25660 County Road 44 Kersey CO 80644 https 1/mail.aal. corniweb mailnstdJen-us r tMessage 7/15/2019 Hello