HomeMy WebLinkAbout20181173.tiffRESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING, PCSC18-0007,
CONCERNING USE BY SPECIAL REVIEW PERMIT, USR17-0063 - ROSE HOLDINGS,
INC., DBA SHEPHERD ENTERPRISES, C/O DANIEL SHEPHERD
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 16th day of April, 2018, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Rose Holdings,
Inc., dba Shepherd Enterprises, c/o Daniel Shepherd, 1931 Leona Avenue, Wattenberg, Colorado
80621, was in compliance with certain Development Standards contained in Use by Special
Review Permit, USR17-0063, for an Agricultural Service Establishment primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis,
including sorting, grading, and packing fruits and vegetables for the grower and for uses similar
to the uses listed as Uses by Special Review as long as the uses comply with the general intent
of the A (Agricultural) Zone District (parking, staging and storage of commercial vehicles and
equipment and the trucking of agricultural products including meat, dairy and produce) in the
A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described Lot B
of Recorded Exemption, RE -373; being part of the N1/2 NW1/4 of Section 25, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services, the Board
finds that pursuant to the procedure as set forth in Chapter 2, Administration, of the Weld County
Code there is sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not said Use by Special Review Permit should be revoked for failure to comply with certain
Development Standards, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by
Special Review Permit, USR17-0063, issued to Rose Holdings, Inc., dba Shepherd Enterprises,
c/o Daniel Shepherd, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing
shall be July 25, 2018, at or about 10:00 a.m., in the Assembly Room of the Weld County
Administration Building, 1150 O Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Development
Standards:
co: PLOlco/15P/mm), EH( LL/JT), PcvC iP/Hg),
cck_c6c/KM), cT&CTS), G.PPL
05/aa/ I 13
2018-1173
PL2518
RE: PROBABLE CAUSE HEARING, PCSC18-0007, CONCERNING USE BY SPECIAL
REVIEW PERMIT, USR17-0063 - DANIEL SHEPHERD
PAGE 2
3. The hours of operation are:
Company Office: 6:00 a.m. - 6:00 p.m., Monday — Friday, and Saturday 8:00 a.m.
to 12:00 p.m.
Dispatch Office: two (2) employees 6:00 a.m. to 6:00 p.m., Saturday and Sunday
Warehouse: 7:00 a.m. - 7:00 p.m., Monday — Friday, with no use of the three (3)
most easterly loading docks after 5:00 p.m., and 8:00 a.m. - 12:00 p.m., Saturday
Local and Over -the -road truck drivers: during regular Warehouse hours, with drop-
off in the westernmost eight (8) spaces only outside of Warehouse hours.
8. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
12. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S.
13. There shall be no Jake brakes or back-up alarms utilizes on the site.
16. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's Air Quality Regulations.
The applicant shall comply with the approved Dust Abatement Plan.
25. The approved screening/landscaping on the site shall be maintained.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dit1.0) �• jeyw e/k.
Weld County Clerk to the Board
BY:
Deputy Clerk to t
AP' • / D AS T
Count Attorney
Mike Freeman
Date of signature: Q5 -17-/8
Stave Moreno, Chai
rbara Kirkmeyer, "ro-Tem
can P. Conway
Julie A. Cozad
2018-1173
PL2518
1 HAUL VI- UODUMLN I
INCLUDED IN PAPER FILE.
To:
From:
Subject:
Owner:
Legal Description:
Location:
Parcel Size:
Zone District:
REMAINDER RETAINED
ELECTRONICALLY IN TYLER.
DEPAK I A/1LN I OF- FLANNINti StKVIUt5
1555 N. 17t" Avenue, Greeley, CO 80631
Email: kogle@co.weld.co.us
Phone: (970) 400-3528
Fax: (970) 304-6498
PROBABLE CAUSE MEMORANDUM
PCSC18-0007
Weld County Board of County Commissioners Hearing Date: April 16, 2018
Kim Ogle, Department of Planning Services
Shepherd Enterprises Warehouse and Trucking Facility, USR17-0063
Hours of Operation, Fugitive Dust and Noise Complaints
Rose Holdings, Inc. dba Shepherd Enterprises, do Daniel C. Shepherd
1931 Leona Avenue, Wattenberg, CO
Lot B. RE -373 being part of the N2NW4 of Section 25, Township 1 North, Range 67 West
of the 6"' P.M., County of Weld, State of Colorado
Approximately 2600 feet east of County Road 23: South of and adjacent to County Road 6
and west of and adjacent to Leona Avenue (Wattenberg Townsite).
+1- 16.6 acres Parcel Number: 1469-25-0-00-011
A (Agricultural)
Pursuant to Chapter 23, Article II, Division 4, Section 23-2-270 of the Weld County Code, a Probable Cause
public hearing is requested before the Board of County Commissioners.
The Shepherd Enterprises Warehouse and Trucking Facility, located at 1931 Leona Avenue, is not in
compliance with USR17-0063 for Agricultural Service Establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis, including: sorting, grading
and packing fruits and vegetables for the grower and for uses similar to the uses listed above as Uses by
Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District
(parking, staging and storage of commercial vehicles and equipment and the trucking of agricultural products
including meat, dairy and produce), approved by Board of County Commissioner Resolution on January 31,
2018. The USR17-0063 map has not been recorded. The Weld County Department of Planning Services has
received mutt ple complaints about this facility, specifically that the warehouse and trucking component are
operating outside of the permitted hours of operation; that there continues to be a constant noise emanating
from the property and that windblown debris (dust) has left the site boundaries and become a nuisance for
surrounding property owners.
Development Standard #3 of USR17-0063 states
••The hours of operations are:
Company Office: 6:00 a.m. - 6:00 p.m., Monday - Friday and Saturday. and Saturday 8:00 a.m. - 12:00 p.m.
Dispatch Office: Two (2) employees, 6:00 a.m. - 6:00 p.m., Saturday and Sunday
Warehouse: 7:00 a.m. - 7:00 p.m. Monday - Friday, with no use of the three (3) most easterly loading
docks after 5:00 p.m.; and 8:00 a.m. - 12:00 p.m. Saturday
Local and Over -the -road drivers: During regular Warehouse hours, with drop-off in the westernmost eight (8)
spaces only outside of Warehouse hours.''
Development Standard #12 of USR17-0063 states, The facility shall adhere to the maximum permissible noise
levels allowec in the Residential Zone district, as delineated in Section 25-12-103, C.R.S."
PCSC 18-0007 Memo I Shepherd Enterprises
Page 1
Development Standard #16 of USR17-0063 states "Fugitive dust should attempt to be confined on the property.
Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. The
applicant shall comply with the approved Dust Abatement Plan."
An e-mail response back from Shepherd Enterprises, dated February 26, 2018, stated that there are no trucks
running at night, only the reefer units on the far west side of my property of which you need to listen
carefully to hear them. As to the hours of operation, I have made huge changes in our load planning and
even moved up load dates to accommodate the 60% reduction of my dock time on Saturday. We have been
very successful in making this change of shipping hours and it has been quite the effort to do so. Finally, my IT
person is installing cameras that will show operations of the warehouse and should be complete by next
Weds (3/7) as they will have the hard drive that will store for 30 days. It will cover the docks as well as the
entrance to the warehouse showing traffic coming and going as well.
A second email response received from Shepherd Enterprises, dated March 9, 2018, stated that "I just
wanted to drop a quick line and give you a progress report. We now have the West entrance functional and
have the East entrance blocked off, so that should help the traffic and noise for the people living right next to the
drive in those few homes. I did shut down the dirt removal operation as we are now getting gusts of wind that
causes dust to blow. I will resume tomorrow morning if the weather permits. (we are removing the road base
and putting the old entrance in the same condition it was prior to having a driveway 50 years ago). Also
mentioned the noise level from across the street at the oil rigs They are now running 24 hrs. and it is very loud
and bright. When you are on the south side of my property it sounds like it is coming from us. My wife and I
can hear them at night and we are 3 mile up the road, so I know it's loud in Wattenberg
A third email response received from Shepherd Enterprises, dated April 2, 2018, stated that "we had absolutely
no activity other than a driver coming in and leaving his truck and going home. There was absolutely no activity
as our warehouse is closed up other than our dispatcher and he went home at 4 pm We installed camera's
and I can prove this is not true
Planning staff has been unable to verify the complaints levied against the property owner, Rose Holdings, Inc.
dba Shepherd Enterprises, c/o Daniel C. Shepherd to substantiate the potential violations. Mr. Shepherd has
provided statements received by email that he is complying with the current land use permit for USR17-0063
permitted by Resolution without the USR map being submitted for review, approval and recording.
Based on the complaints by the surrounding property owners within Wattenburg Townsite, the Department of
Planning Services requests the Board of County Commissioners review the operation of USR17-0063 and
Development Standards #3, #12 and #13. Rose Holdings, Inc. dba Shepherd Enterprises, c/o Daniel C.
Shepherd was notified of the Probable Cause hearing in letter dated March 12, 2018. If the Board determines
that the facility is not operating in compliance with the approved USR Resolution, the Board of County
Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review
perm it.
Regards
Kim Ogle
Planning Services
PCSC18-0007 Memo I Shepherd Enterprises
Page 2
March 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 North 17th Avenue
Greeley Colorado 80631
www.weldgov.com
kogle@weldgov.com
Telephone: 970.400.3549
Mr. Daniel C. Shepherd
1771 County Road 23
Brighton, CO 80603
Subject: Potential noncompliance with USR17-0063; A Site Specific Development Plan and
Special Review Permit for Agricultural Service Establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract
basis, including: sorting, grading and packing fruits and vegetables for the grower
and for uses similar to the uses listed above as Uses by Special Review as long as
the use complies with the general intent of the A (Agricultural) Zone District (parking,
staging and storage of commercial vehicles and equipment and the trucking of
agricultural products including meat, dairy and produce) in the A (Agriculture) Zone
District.
Location: 1931 Leona Avenue, Brighton, CO 80603
Legal: Lot B, RE -373 being part of the N2NW4 of Section 25, Township 1 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado
Dear Mr. Shepherd:
Please be advised that several complaints have been received by the Department of Planning
Services' staff for the activities on your property that may not be in compliance with USR17-0063.
The following is a summary of the complaint:
1. Facility operations exceeding the approved hours of Operation and operating in
unapproved dock areas
2. Fugitive dust
3. Facility operations in excess of the maximum permissible noise levels
USR17-0063 Development Standards #1, 3, 12, 14 and 31 state:
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0063,
is for Agricultural Service Establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
sorting, grading and packing fruits and vegetables for the grower and for uses similar
to the uses listed above as Uses by Special Review as long as the use complies with
the general intent of the A (Agricultural) Zone District (parking, staging and storage of
commercial vehicles and equipment and the trucking of agricultural products including
meat, dairy and produce) in the A (Agriculture) Zone District, subject to the
Development Standards stated hereon.
3. The hours of operation are:
Company Office:
6:00 a.m. — 6:00 p.m., Monday — Friday, and Saturday 8:00 a.m. -12:00 p.m.
Dispatch Office:
Two (2) employees 6:00 a.m. to 6:00 p.m., Saturday and Sunday
Warehouse:
7:00 a.m. — 7:00 p.m., Monday — Friday,
with no use of the three (3) most easterly loading docks after 5:00 p.m.
Warehouse: 8:00 a.m. - 12:00 p.m., Saturday
Local and Over -the -road truck drivers: during regular Warehouse hours, with drop-off in
the westernmost eight (8) spaces only outside of Warehouse hours.
12.. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 25-12-103, C.R.S 14.
14. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations. The applicant
shall comply with the approved Dust Abatement Plan.
31. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners
A probable cause hearing has been scheduled before the Board of County Commissioners on
April 16, 2018 to hear the concerns.
I may be reached at the above address, telephone number or e-mail address. If you wish to see
me personally, please call to schedule an appointment so I may reserve a sufficient amount of
time with you.
Sincerely
rte
Kim
Planner
File: USR17-0063
Enclosures: Section 2-4-40, Weld County Code
Chapter 2, Section 2-4-40. Probable cause hearings.
A. Purpose. The purpose of this outline is to provide boards, commissions, department heads
and other administrative bodies in the County with a set of procedures for use in probable
cause hearings.
B. Procedure and evidence:
1. The probable cause hearing shall be conducted informally and not subject to strict
judicial or technical rules of procedure. A wide latitude in the manner of presenting the
respective positions should be afforded the parties. Any person may present evidence
at a probable cause hearing. Evidence shall consist of:
a. Oral testimony.
b. Exhibits and documentary evidence of any kind.
c. Statements of the person presenting the evidence
2. The person against whom the complaint is made may, in rebuttal, present any of the
evidence listed in Paragraph 1 above.
C. Determination of probable cause. The complaining party shall have the burden of proving
that probable cause exists to have a hearing concerning the complaint. Probable cause is
defined as a reasonable ground for belief in the existence of facts warranting the
proceedings complained of.
D. Decision. At the conclusion of the presentation of evidence, the board, commission,
department head or other administrative body shall make an oral decision. The decision
shall be to either dismiss the case, continue the case to a time specified in the future or to
set the case for a formal show -cause or other type hearing at a time specified in the future.
E. Notice.
1. Notice of the probable cause hearing shall be sent by certified mail, return receipt
requested, to the person against whom the complaint is made at least ten (10) days prior
to the date of the hearing. Said notice shall be effective upon the date of mailing.
2. Notice may also be served upon the person against whom the complaint is made in
accordance with the Colorado Rules of Civil Procedure at least seven (7) days prior to
the date of the hearing.
3. In land use cases when a probable cause hearing results in a show -cause hearing being
set, the Clerk to the Board will send ten (10) days' notice, by certified mail, return receipt
requested, to the surrounding property owners, as well as the property owner/operator.
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Email: kogleco.weld.co.us
Phone: (970) 400-3528
Far (970) 304-6498
March 12, 2018
Rose Holdings, Inc. dba Shepherd Enterprises
c/a Daniel C. Shepherd
1931 Leona Avenue
Brighton, Co 80603
Case Number: PCSC 18-0007
Legal Description: Lot B, RE -373 being part of the N2NW4 of Section 25, Township 1 North, Range 67 West
of the 6th P.M_, County of Weld, State of Colorado
Dear Mr. Shepherd,
Notice is hereby given that the Shepherd Enterprises Warehouse and Trucking Facility, located at 1931 Leona
Avenue, is not in compliance with USR17-0063 for Agricultural Service Establishments primarily engaged in
performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: sorting,
grading and packing fruits and vegetables for the grower and for uses similar to the uses listed above as Uses
by Special Review as long as the use complies with the general intent of the A (Agricultural) Zone District
(parking, staging and storage of commercial vehicles and equipment and the trucking of agricultural products
including meat, dairy and produce), approved by Board of County Commissioner Resolution on January 31,
2018. The USR17-0003 map has not been recorded. The Weld County Department of Planning Services has
received multiple complaints about this facility, specifically that the warehouse and trucking component are
operating outside of the permitted hours of operation; that there continues to be a constant noise emanating
from the property and that windblown debris (dust) has left the site boundaries and become a nuisance for
surrounding property owners.
Development Standard #3 of USR17-0063 states
"The hours of operations are:
Company Office: 6:00 a.m. — 0:00 p.m., Monday - Friday and Saturday, and Saturday 8:00 a.m. - 12:00 p.m.
Dispatch Office: Two (2) employees, 6:00 a.m. — 6:00 p.m., Saturday and Sunday
Warehouse: 7:00 a.m. — 7:00 p.m. Monday - Friday, with no use of the three (3) most easterly loading
docks after 5:00 p.m.; and 8:00 a.m. — 12:00 p.m. Saturday
Local and Over -the -road drivers: During regular Warehouse hours, with drop-off in the westernmost eight (8)
spaces only outside of Warehouse hours."
Development Standard #12 of USR17-0003 states, "The facility shall adhere to the maximum permissible noise
levels allowed in the Residential Zone district, as delineated in Section 25-12-103, C.R,S."
Development Standard #16 of USR17-0003 states "Fugitive dust should attempt to be confined on the property.
Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. The
applicant shall comply with the approved Dust Abatement Plan."
Planning staff has been unable to verify the complaints levied against the property owner, Rose Holdings, Inc.
dba Shepherd Enterprises, c/o Daniel C. Shepherd to substantiate the potential violations. Mr. Shepherd has
provided statements received by email that he is complying with the current land use permit for USR17-0003
permitted by Resolution without the USR map being submitted for review, approval and recording.
P SC18-0006 Letter I A-1 Organics
Page 1
Although Shepherd Enterprises has indicated that the noise generated from the property is within the permitted
levels, that the blowing dust is not transient, and that the hours of operation as agreed to in a public hearing are
being adhered to, the Department of Planning Services is requesting the Board of County Commissioners to
listen to the evidence and make a determination of compliance with the current permit standards. The Probable
Cause public hearing is scheduled for April 16, 2018 in the Weld County Board of County Commissioners
hearing Room The purpose of this public hearing will be to review U R-17-0063 for compliance with the
Development Standards and Conditions of Approval, as approved by Board of County Commissioners
Resolution on January 31, 2018.
If it is determined at the public hearing that there is probable cause that you are not in compliance with U S-17-
0063, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of
the Use by Special Review permit.
Please let me know if you have any questions.
Regards,
t
Kigfi le
Plnnirt Services
Hand Delivered
i b y Date
PCSC1 B-0006 Letter I A-1 Organics
Page 2
Rose Holdings Inc.
DBA: Shepherd Enterprises LTD
1931 Leona Ave. Ft. Lupton, Colorado 80621
Mailing address: P.O. Box 8, Ft. Lupton Colorado 80601
Tele (303) 321-8181 Fax (303) 321-1802
04/10/2018
Kenneth and Daniela Perez
It is unfortunate that the 2 parties that are aggressively seeking any means to have my company
closed are neither available for this meeting as both parties have conflicting schedules on this date. I picked
a weekday and evening so most everyone that is working can attend without taking away a weekend of
their personal lives.
However this meeting will stay on course for the 12th as planned as there are another 43 invitations
that went out to the surrounding community as well, and I've already heard from other residents that are
planning on coming.
I will extend the same invitation to you as I did for Tommy DeHerrera. I have the artwork all set up
on my office and I can meet you both at any time to privately view the plans that we have had drawn up.
I have been on track with all my plans as the county had asked for as far as moving the entrance and
had a professional architect draw up the landscape plans as well. This all takes quite a bit of time and we
have been diligent in our efforts to do everything as soon as possible.
I will have another meeting in approx. 3 weeks that will f alize our plans for the landscaping, as we
will begin the landscape shortly following the second meeting.
If you want to have input on this, you will need to give me a ring or just come by and see me.
I look forward to hearing from you soon.
Thank You
Dan Shepherd
303-321-8181
Sent overnight and certified mail on 04/10/2018 and an additional copy hand delivered by my staff
RECF,V7r)
APR 1 1 2018
Weld County Planning ueparurrrcuui
GREELEY OFFICE
April 5, 2018
Mr. Shepherd,
We regret to inform you we will not be able to attend your meeting on April 12th
at 6 pm as we have prior commitments that were scheduled weeks ago. We would
like to request this meeting to be scheduled for a later date and take place at the
Wattenberg community building. As we, the Perez's, are the mostly greatly
affected by the presence of your trucking company, it is important that we are
consulted before any final decisions are made. After all, you have had over three
months to arrange for this meeting to take place and suddenly we are notified with
only one weeks notice. It is a busy time these days for most people.
We look forward to your response with a new date in mind if possible.
Regards,
Kenneth and Daniela Perez
From: dan shepherd [rnailto:dan@shepherditd,com]
Sent: Monday, April 2, 2018 7:35 AM
To: Kim Ogle ckogle@weldgov®com>
Cc: Eric Wernsman <ejwerns25@gmail.com>
Subject: RE: Shepherd Trucking and Easter Sunday
Good morning Kim
We had absolutely no activity other than a driver coming in and leaving his truck and going home
There was absolutely no activity as our warehouse is closed up other than our dispatcher and he went
home at 4 pm
We installed camera's and I can prove this is not true.
Thank you
Dan
Rose Holdings Inc.
DBA: Shepherd Enterprises LTD
1931 Leona Ave. Ft. Lupton, Colorado 80621
Mailing address: P.O. Box 8, Ft. Lupton Colorado 80601
Tele (303) 321-8181 Fax (303) 321-1802
04/02/2018
Good Afternoon
I would like to hold a meeting with any and all concerned citizens in the township of Wattenberg
regarding future landscaping projects at my warehouse property.
I will hold the meeting in the lunchroom in our warehouse at 1931 Leona Ave. on Thursday April l2th at
6 p.m. and will have refreshments for all
I have some drawings of potential landscaping to present to any and all concerned, and I welcome any
and all ideas that anyone might have to improve the property.
Thank You
Dan Shepherd
Rose Holdings. Inc
cr:F.714kiFIT)
APR 1 1 2018
u'd'kU UouII Y FILL,hodoi
GREELEY OFFICE
From: daniela bowles <danniebowles@hotmail.com>
Date: April 1, 2018 at 7:42:12 PM MDT
To: "bkirkmeyer@weldgov.com" <bkirkmeyer@weldgov.com>, "icozad@weldgov.com"
<icozad@weldgov.com>, "smoreno@weldgov.com" <smoreno@weldgov.com>,
"sconway@weldgov.com" <sconway@weldgov.cam>, "mfreeman@weldgov.com"
<mfreeman@weldgov.com>, Tom Parko Jr. <tparko@weldgov.com>
Subject: Shepherd Trucking and Easter Sunday
Happy Easter Everyone,
I would like everyone to be aware it is Easter Sunday evening April 1, 2018 ,we have spent our
Easter evening trying to cook,but having to run down to the west end of Frederick st to
document Shepherd Trucking operating on this Sunday. Not ideal for someone's Easter evening.
Unfortunately, I'm certain Weld county is not monitoring this activity, therefore, we feel
compelled to do it ourselves. We have observed this since about 5pm tonight and it continues
at 735 pm.
Anyone that would like to come observe is welcome.
Again, Happy Easter to all,
Daniela and Kenny Perez
From: dan shepherd [mailto:danZishepherdItd.com]
Sent: Friday, March 9, 2018 1:33 PM
To: Kim Ogle <kogle@weld ov.com>
Cc: Eric Wernsman <eiwerns25@gmail.com>
Subject: Update
Good Afternoon Kim
I just wanted to drop a quick line and give you a progress report. We now have the West
entrance functional and have the East entrance blocked off, so that should help the traffic and noise for
the people living right next to the drive in those few homes. I did shut down the dirt removal operation
as we are now getting gusts of wind that causes dust to blow. I will resume tomorrow morning if the
weather permits. ( we are removing the road base and putting the old entrance in the same condition it
was prior to having a driveway 50 years ago)
Just FYI I have a guy in a red pickup that has been over by the drive taking pictures all morning He
seems to be waiting until the wind gusts up and then takes a picture. I walked over to see if I could help
them with something and he drove off.
Also I mentioned the noise level from across the street at the oil rigs They are now running
24 hrs. and it is very loud and bright . When you are on the south side of my property it sounds like it is
coming from us. My wife and I can hear them at night and we are % mile up the road, so I know it's loud
in Wattenberg
Please let me know if you have any questions
Thank You and have a great weekend
Dan Shepherd
II
' F
T
=uIT
I -A
I I
1 1 '
I
I
I
II I
� I
I
From: Barbara Kirkmeyer
Sent: Friday, March 09, 2018 1:12 PM
To: Tom Parko Jr. cparko@weldgov.com>
Subject: Fwd: Shepherd Enterprise non compliance
Have a great day
Begin forwarded message:
From: ,"Thomas Deherrera" <tdeherrera79 gmail.coni>
To: "Julie Cozad" cicozad@wtom>, "Barbara Kirkmeyer" <bkirkmeyer weldgov.com>
Subject: Re: Shepherd Enterprise non compliance
This is Thomas DeHerrera, I just observed Mr. Shepherd digging and was wondering if he should be
doing that on county property? I also wanted to inform you the he also has no dust control in place as
the trucks leave and enter the property and it is dusting out my trailers and the community. These pics
were taken today.
on Feb 26, 2018 9:59 PM, "Thomas Deherrera" <tdeherrer_a79►:@gmail.com>wrote:
This is Thomas DeHerrera. I just wanted to inform you that, Dan Shepherd is continuing to run his semi
trucks and trailers after hours and on the weekends when the business should be closed. The reefers are
running non stop Saturday through Monday morning. The noise is very loud if you would like to talk to
the people that live in the surrounding area of the business, they will be willing to meet with you. If you
have any questions feel free to contact me at (303)304-0119
Thank you for your attention to this matter.
From: dan shepherd [rnailto dan@shep_herdltd.com]
Sent: Wednesday, March 7, 2018 5:03 AM
To: Kim Ogle <kogle@weldgov.com>
Cc: Eric Wernsman <eiwerns25agmail.com>
Subject: RE: Shepherd USR
Good Morning Kim
These are all within a few days of the USR approval We have made quite a few changes in our
schedules and also have changes our routes to accommodate the change of hours that we now have
As far as noise levels we shut off all units at or before the time allotted There is quite a bit of noise
now from the oil rigs across the street and they start early in the a.m. and as you know they will be a
24/7 operation very soon
I welcome Weld County officials to do a noise study or anything else to prove that I am in
compliance. We have now installed a camera system at the warehouse that shows all dock activity 24/7
and is time stamped with the camera system to PROVE the time.
I also received a landscaping layout that I will present to the town of Wattenberg in the next 10 days or
50
We also have the west entrance started and should finish in the next few day. ( put on hold because of
the weather, wind etc... )
Arid I am doing the dirt work myself to make certain there is no dust problem with the neighbors
Thank You
Dan Shepherd
kagaS
-ja.
rr 0
Recekred 4H 1.21018
um 1 Derie leis
nla qe s at 1VIa1 nh 9. 2018
C-
U
C\c,
�T=
7
t
Received 4.1 1.2018
From T. DeHerrera
images of March 8, 2018
YL_— �_- �s�C s• ' ?fir _ • as
Ikaah
r.
J
•
r4
7
�iiii4, l.�� ti
Received 4.11.2018
From 7-. DeHerrera
Images of March 8, 2018
1. I
Received 4.11.2018
Frain T Del-lerrera
rrnages of March 8, 2018
\1yryR, T1
\ \ ti_„
11()of an- int 4,
42,orr
rc
ele--6 rn 11
ti
-4. `q ar r°
Received 4.11.2018
From T. DeHerrera
Images of March 7, 2018
From: Dan Shepherd [mailto:dan@shepherdltd.com]
Sent: Thursday, March 1, 2018 7:53 PM
To: Eric Wernsman <eiwerns25tmail.com>; Kim Ogle <kogle@weldgov.cam>
Subject: Fwd: Tuesday 2-27-18
Got this email from my security guard today
There is a lot of activity going on directly across the street from us with a lot of trucks and heavy
equipment starting early in the morning
My place does not start up engines or refer units until 7 am and they are shut down prior to 7 pm at
night
The cameras are now installed that will show the eastern 3 docks not being used after 5 pm min thru
friday
I am at my yard and been here since 705 this evening
There is absolute no noise coming from anywhere on my property
Lots of dogs barking and s lot of traffic from CR6 as well as planes and a train as well
I sat here for approx 45 minutes and that is the only noise period
Thank you
Dan Shepherd
Begin forwarded message:
From: desireevan28 <desireevan28@gmail.com>
Date: March 1, 2018 at 7:19:54 PM MST
To: Dan Shepherd <dan@shepherciltd.com>
Subject: Tuesday 2-27-18
Hello Dan,
I wanted to let you know that Tuesday morning about 430am, I was awoken by the sound of the
backup beeper on the trucks, I got up thinking we had a truck moving around they are to early
and found that it was the coming from the workers across the street working on the oil rig. This
made me wonder if you got calls saying we were work to early.
Desiree
Sent from my Sprint Samsung Galaxy Note5.
From: Tom ParkoJr.
Sent: Wednesday, February 28, 2018 8:38 AM
To: daniela bowler cdanniebowles hot ail.corn>
Cc: Michelle Martin <mmartin@weldgovcom›; Bethany Pascoe <bpascoe@welcigov.corn>; Esther
Gesick <egesick@weldgov.ccom>; Barbara Kirkmeyer <bkirkrneyer@weIdgov.com>; Julie Cozad
<cozact@weldov.cum>; Steve Moreno <smoren.o@weldigov.cnm>; Sean Conway
<sconwav@weldgov.com>; Mike Freeman <rnfreeman weltd:gov,com>; Kim Ogle
<kogle@weidgov.com>
Subject: RE Shepherd USR
Mrs. Perez,
Good morning. I would like to talk to you about your concerns. I am available this afternoon if
you have time. Alternatively, I would be happy to call you at your convenience. Moffice and
mobile numbers are below.
Sincerely,
Tom Faro, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley. W. 80631
Office: 970-400-3572
'obi/e: 970-302-5333
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: Tom Perko Jr.
Sent: Tuesday, February 27, 2018 10:35 Al l
To: Bruce Barker cbbarker w ec:or >'; Bob Choate <bchoate@!_I ov.corn>
Cc: Michelle Martin tin <m Martin@weidgo r,com>; Kim Ogle <kogle eld; ov.corn>
Subject: FW: Shepherd USR
See below. Not too sure how we should respond. Mrs. Perez has been very vocal about the
Shepard USR that the Board recently approved west of Wattenberg on CR 6. We are not getting
other calls or emails from residents in Wattenberg that I am aware of Mrs. Perez isn't going to
like anything we have to say and I feel like if we respond it will just add fuel to the fire. If we
don't have any sort of response I am sure at least one County Commissioner will ask what we are
doing. Should we consider taking this USR back to the Board for reconsideration? I don't believe
Mr. Shepard has finished his COA's so his map hasn't been recorded.
Torn Parke, M.A.
Director of Planning Services
Weld County Dept. of Planning Services
1555 N. 17th A ve n u e
Greeley, Ca 80631
Office: 970-400-3572
Mobile: 970-302-5333
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: daniela bowies[r-nailto:danniebowles@hotrnail.com]
Sent: Tuesday, February 27, 2018 10:12 AM
To: Kim Ogle <kle@weidjpv.com>
Cc: Michelle Martin <rnrnartin@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com>; Tom Perko
Jr. <tparko@weldgov.corn>; Esther Gesick <egesickeu welt gov.com>; Barbara Kirkmeyer
<I?kirkmcyer@weldgov,com>; Julie Cozad <jcozad@weldgov_com>; Steve Moreno
<srnoreno@weldgov.com>; Sean Conway <sconway@weidgov,corn>; Mike Freeman
<mfreeman @weldgov.com>
Subject: Re: Shepherd USR
Good Morning,
I feel I must be a nuisance to everyone as nobody responds to my emails. If I am taking the
wrong approach and should be contacting someone else other than who's included in this
email, I would like to know who that person or entity is. I am not well versed on how county
politics work, so I am asking for some assistance. This is a very important issue to the people of
Wattenberg. I can't comprehend how it can just be ignored. Is Mr. Shepherd's business so
important that it outweighs the 400 plus residents and doesn't deserved to be addressed?
Help please...
Have a wonderful day,
Daniela Perez
From: dan shepherd [mailto_danP?shepherdltd.com]
Sent: Monday, February 26, 2018 10:29 AM
To: Kim Ogle <kogle@weldgov.corn>
Cc: Eric Wernsman <ejwerns25@gmail.com>
Subject: RE: Shepherd USR
Good morning Kim
I really don't know where to begin with this list. The county can come out at any time to verify the
sound levels. There are no trucks running at night, only the reefer units on the far west side of my
property of which you need to listen carefully to hear them. We have good weather this week so we will
put in the west driveway in order to enter and exit the property. I do not own a truck with a backup
alarm on it
I have made huge changes in our load planning and even moved up load dates to accommodate the
60% reduction of my dock time on Saturday. We have been very successful in making this change of
shipping hours and it has been quite the effort to do so.
As far as the Perez's concerns, Danielle has made it a point to police every move we make here on a
daily basis just hoping that we ill trip at one point. She keeps making the point that we are 100 ft from
her property. We have made concessions to keep all traffic and noise down to the levels we had agreed
to.
My IT person is installing cameras that will show operations of the warehouse and should be complete
by next Weds (3/7) as they will have the hard drive that will store for 30 days. It will cover the docks as
well as the entrance to the warehouse showing traffic coming and going as well
Thank You
Dan Shepherd
From: daniela bowies [mailto;danniebowies(hotmail.Gam]
Sent: Saturday, February 24, 2018 5:05 PM
To: Kim Ogle <kogle@weldgov.com>
Cc: Michelle Martin <mmartin@weldgov.com>; Bethany Pascoe <bi ascoe@weldgov.corn>; Tom Parko
Jr. <tparka@weldgpv.conn>; Esther Gesick <egesick@weldgov,corn>; Barbara Kirkmeyer
<bkirkmeyer@weldgov,com>; Julie Cozad <icozad@weldgov.com>; Steve Moreno
<smoreno@weldgov.com>; Sean Conway <sconwav@ weldgov.corn>; Mike Freeman
<rnfreeman @weldgov.com>
Subject: Re: Shepherd USR
Hello again Everyone,
It is Saturday afternoon/evening again.. 1 week later....same issue trucks continue to run.
This is ridiculous, disgusting, and downright a complete disregard for the residents of
Wattenberg. What does it take to get somebody to lift a finger at Weld County and admit they
made a vital error? Mr. Shepherd has proven beyond the shadow of a doubt that he CANNOT
"Absolutely" adhere to the restrictions imposed by the BOCC. Our concern as residents of
Wattenberg now is that Weld county CANNOT enforce the restrictions or simply wont by
revoking the permit issued on January 31, 2018. That was 24 days ago. I believe enough
documentation has been submitted to prove this was a very serious mistake in judgement in
approving this permit. We are not looking for someone to call him and tell him to "quiet it
down", we want his business removed as there is adequate proof that he cannot adhere to
restricted business hours. This is NOT a compatible type of business less than 100 feet from
people's homes!!
We look forward to your response,
Daniela and Kenneth Perez
From: Barbara Kirkmeyer <bkirkmeyer@weidgov.com>
Date: February 18, 2018 at 7:12:50 AM MST
To: Bruce Barker <bbarker�7a weldgov.corn>
Cc: Michelle Martin arker wcId elcigov.com>, Tom Parko Jr. <tparko@weldgov.com>, Julie Cozad
<icozad@weldgov.com>, Steve Moreno <smoreno@weldgov.com>, Mike Freeman
<mfreeman @weldgov.com>
Subject: Re: Shepherd USR
And the first thing this guy could have done is moved the entrance to his commercial trucking business.
How hard could it be to take the fence down; put in a new gate and put a lock on the other gate?
He has total disregard for the people in Wattenberg.
And I am calling the sheriff to ask him to patrol the area because his truck drivers don't even stop when
they are coming out of the yard
Have a great day
From: daniela bowies <danniebowles(ohotmail.com>
Sent: Saturday, February 17, 2018 9:30 PM
To: Kim Ogle
Cc: Michelle Martin; Bethany Pascoe; Tom Parko Jr.; Esther Gesick; bkirkrneyerc weldgov.com;
icazad@weldgov,com; smoreno@weldgov.com; sconway@weldgov.com; mfreernanc weldgov.com
Subject: Re: Shepherd USR
Hello Everyone,
It is 9:20pm on Saturday night. The Shepherd Trucking industry is supposed to close at 12:00
today, about 9 hours ago. Trucks are running...Where is Weld county's promise to "keep on eye
on this"? I'm certain it is the weekend, therefore, nobody will be watching it. After all, it is the
county's weekend, but I don't get one from this constant violation of your own restrictions that
are not enforced and are ignored. I can't effectively submit documentation, as I have been
assured from Mr Kim Ogle that what I submit is not a true statement. He has indicated that Mr.
Shepherd assured him that he is in compliance, therefore, all videos I submit must be false.
Seems the people of Wattenberg don't matter.
Daniela Perez
A
1
.it
l
From: Kim Ogle <kogle@weldgov.com>
Sent: Monday, February 12, 2018 10:28 AM
To: daniela bowies
Cc: Michelle Martin; Bethany Pascoe; Tom Parko Jr.; Esther Gesick
Subject: RE: Shepherd USR
Hello Ms. Perez,
Thank you for your submittal of information pertaining to your adjacent neighbor Mr. Shepherd
and his produce warehouse operations. Your documents have been added to the electronic file
held in this office. Mr. Shepherd has assured this office that he is in compliance with his
operating hours and has successfully made this transition as agreed to at the Board of County
Commissioner's hearing per his email of 2-12-2018 Should there be additional information
regarding this case, please submit the documents, including photographs and videos to this
office.
Thank you
Kind regards,
Kim Ogle
Planner
Weld County Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
970.400.3549 Direct
970.353.6100 x 3540 Office
kogle@weidgov.com
From: daniela bowiesfmailto:danniebowies@hotmailmrn]
Sent: Friday, February 9, 2018 1:43 PM
To: Kim Ogle <k_gie(cweldgvv.com>
Cc: Bethany Pascoe <bpascoe@weldgov.com>; Esther Gesick <egesickgweldgov.com>;
Michelle Martin <mmartin@weldgov,com>; Tom Parka Jr. ctparko@weldgov.com>; Julie Cozad
cjcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.corn>; Sean Conway
<sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Mike Freeman
<mfreem an @weldgov.corn>
Subject: Re: Shepherd USR
Hi Kim,
If the hours of operation are restricted the the below hours of operation by the BOCC on
January 31, 2018 why was I able to obtain the attached videos and photos? I have several more
as well. The last three pictures shows the three eastern docks being utilized beyond the 5pm
hour, and trucks continue to run throughout the night as well. If you recall, when Commissioner
Cozad asked Mr. Shepherd if he can stay within these restricted hours, his response was
"Absolutely". The people of Wattenberg were under the impression that if the restricted hours
were not absolutely adhered to, then the USR would be revoked. I doubt this or anything will
happen, after all, the whole operation was allowed to continue for six months when it in itself
was a violation.
We were also under the impression that Weld County would be monitoring if the restrictions
are being followed. As I stated in a previous email to you on 2/2/18, I doubted that someone
representing Weld County would be out here every night to check this.
What is the next step? Shall I continue to send in documentation as I gather it? Can we get
another emergency hearing before the board to present this documentation. Or, should we
expect Mr. Shepherd will get a call from County telling him to cool it and everything will be okay
and he is forgiven again? If the county fails to uphold what they imposed then there is
"absolutely" no integrity within the County itself.
I look forward to hearing your response soon.
Respectfully,
Daniela and Kenneth Perez
r
From: daniela bowies[mailto:danniebowles@hotmail.com]
Sent: Thursday, February 1, 2018 12:39 PM
To: Kim Ogle <kogle[7a weldgov,com>
Subject: Shepherd USR
Hi Kim,
I'd like to congratulate you on your win yesterday on behalf of Mr. Shepherd's operations that
will ensure we will live in misery. With that said, I would like to know when these restrictions
that the BOCC agreed upon take effect. I know most can't be done overnight, however,
specifically when can we look forward to the trucks being parked on the West side of his
property. Currently, there are many trucks jammed up on the east side. I would like them
moved soon so we will be able to observe if he is adhering to what was agreed upon yesterday.
It is also my understanding after briefly speaking with Bethany that these new hours take effect
immediately. Is this true? I trust there will be someway the people of Wattenberg can obtain a
copy of these agreements/restrictions?
I look forward to hearing back from you soon.
Respectfully,
Daniela
From: Kim Ogle
Sent: Thursday, February 1, 2018 3:49 PM
To: 'daniela bowies' <d an n iebowles@hotmail.com>
Cc: Bethany Pascoe <bpascoe@weldo►v.com>; Esther Gesick <e, wick weld ov.com›;
Michelle Martin < rn m artin a weldgov.com>; Tom Parka Jr. <t iarko@weidg v.com>
Subject: RE: Shepherd USR
Ms. Perez,
The applicant is restricted to the following hours of operation as approved by the Board of
County Commissioners on January 31, 2018
Company Office: 6:00A -6:00P Monday through and including Friday, Saturday 8:00A-12:00
Noon
Dispatch Office: Regular office hours plus Two (2) employees 6:0OA to 6:OOP Saturday and
Sunday
Warehouse: 7:00A - 7:OOP Monday through and including Friday with no use of the three (3)
most easterly loading docks after 5:OOP; Saturday 8:0OA —12:00 Noon
Local and Over -the -road truck drivers during regular warehouse hours with drop-off in the
westernmost eight (8) spaces only, outside of warehouse hours.
The applicant will be installing the landscape and visual mitigation component after
consultation with area property owners within the Wattenberg community. This action will be
taken after hearing from area residents in developing the visual mitigation plan with installation
of the elements associated with the plan during the late spring early summer planting season.
The removal of the temporary screening adjacent to your property will likely occur after the
installation of the approved visual mitigation by the property owner/ applicant.
I have copied the Clerk to the Board's office on this email so that they may weigh in on when
the Signed Resolution for this approved land use case may be available for public dissemination.
In the future, for violations occurring on the property, or complaints about the business
operations, please consider reaching out to me at 970.400.3549 or kogle weldgoy.com.
Kind regards,
Kim Ogle
Planning Services
tv) rn ritmil-.
0 I r
fro vieN.
Y'fl6yrcL
FILE CONTAINS
FOUR (4)
FLASH DRIVES
(VARIOUS VIDEOS)
PLEASE SEE ORIGINAL FILE
Hello