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HomeMy WebLinkAbout20182852.tiff Case # : USR18-0023 Name : Les Matsan Construction , Inc . , cla Brian Application Re �iew Notification Card Hartman Proposed Project : USR for truck and � �, A public hearing will be held before the Weld Caunty Planning � quipment parking and starage for construction �4, t'a�- �� Cammission ( PC ) and a subsequent hearing will be held with businesses in the Agricultural Zone District. the Board of County Commissioners ( BQCC ) . Both hearings Location: South of and adjacent to CR 52 ; ���=- ' will be held in #he Hearing Roam , Weld County Administration east of and adjacent to CR 45 Section Line ` ••� " Weld County Planning Services ,� ��� rt � ` Building , 1150 O Street , Greeley, Colorado . Please note the planner: Angela Snyder 1556 N 17th Ave - � � '-� '�- - hearing dates and times listed on the other side of this card for i � Greeley GQ 80631 � � PC Hearing Date : Sept. 4 , 2018 at 12 : 30 pm the proposed project . BOCC Hearing Date : Sept . 26 , 2018 at 10 am (�70)353-610� ext . 3540 If you would like more information regarding this proposal and the conditions that must I be met, the file is public information and is available for review at our o#fice . You may alsc� view the file online at https : lfaccela-aca . co . weld . co . uslcitizenaccessl by inserting the case num6er. Comments or objections related to the request should be submitted - in writing to the Weld County Department of Planning Services, 1555 N 17th Ave, Gree - �. - ��a . _ � -� ley CO 80631 , on or before the date of public hearing . �, ��� " J .�� � � - �� � For your convenience , we hrave posted the agenda on our web page . � �: ATTENTIOIV : Praposed Conditions related to this Site Specific Development Plan and Use by � � d Special Review Permit request including, but nnt limited tn, the number of allowable employees , o hours of operation, acreening , antl number of allowable vehicles and vehide trips are subject to ; I change or removal at both the Planning Commission and Board of Commissioners hearings . - � � , , � � — �., SURROUNDING PROPERTY OWNERS USR18- 0023 NAME ADDRESS 1 ADDRESS 2 CITY, STATE ZIP DENNIS & SHARLENE LOOSE 22035 CR 52 GREELEY CO $0631 HEIDBRIfVK FAMILY TRUST 22115 CR 52 GREELEY CO $0631 WESTERN EQUIPMENT & TRUCK INC 2055 1ST AUE GREELEY CO 80631 LONDELL BUNTIfVG FAMILY TRUST 21529 CR 52 GREELEY CO 80631 MICHAEL BOULTER FAMILY LEGACY INC 22019 CR 54 GREELEY CO 80631 TIMOTHY SHARP 215$$ CR 52 GREELEY CO $0631 GARY & ALAINA EDSTROM 22514 CR 52 GREELEY CO $0631 VIRGIIUTA HICKS C/O LIIVDA EDSTROM 22514 CR 52 GREELEY CO $0631 LOWER LATHAM RESERUOIR CO 8209 W 20TH ST STE A GREELEY CO 80634 SHAfVNOfV & DONNA STEVEfVSOfV 22260 CR 52 GREELEY CO 80631 BRYAN & DAVEE BUNTING 22196 CR 52 GREELEY CO 80631 CERTIFICATE OF MAILING I hereby certify that I have placed a true and carrect capy af the surraunding property awners in accardance with the notification requirements of Weld County in Case Number USR18- 0023 in the United States Mail, postage prepaid First Class Mail by letter as addressed an the attached list this 7th day af August, 2018 . Dated the 7th day of August, 2018 'f��7�✓ '� Kristine Ranslem Recarding Secretary far Planning Cammissian Case #: USR18 -0023 Name : Les Matson Construction , Inc . , cla Application Review Natificatian Card Brian Hartman Proposed Project : USR for truck and ,� � This is ta natify you that the project listed on the equipment parking and storage for '""'}-'���=�{ construction businesses in the Agricultural � other side of this card is within five- hundred Zane District. �I I � � ( 504 ) feet of your property . You will be natified Location: South of and adjacent to CR 52 ; �;. � , , ,� .� � east of and adjacent to CR 45 Sectian Line _ - Weld County Planning Services � ` " - � � of any future meekings regarding khe proposed Planner: Arrgela Snyder . 1555 N 17th Ave project on khis property . � � fszoj353-s�oa et� s5ao If you wauld like more informatian regarding this proposal and khe � � f � conditions that must be met , the file is public informatian and is : � . . . ��� _ _ _ available for review ak aur affice . You may also view the file anline ���I J � - i at https : llaccela - aca . co . weld . co . uslcitizenaccessl by inserting the ;, case number . Camments or objectian � related to the request shauld " ' � be submikted in writing ko the Weld Gounty Department of Planning ' � a VI Services , 1555 N 17th Ave , Greeley , CO 8Q631 � a � � � . � _� : - SURROUNDING PROPERTY OWNERS USR18- 0023 NAME ADDRESS 1 ADDRESS 2 CITY, STATE ZIP DENNIS & SHARLENE LOOSE 22035 CR 52 GREELEY CO $0631 HEIDBRIfVK FAMILY TRUST 22115 CR 52 GREELEY CO $0631 WESTERN EQUIPMENT & TRUCK INC 2055 1ST AUE GREELEY CO 80631 LONDELL BUNTIfVG FAMILY TRUST 21529 CR 52 GREELEY CO 80631 MICHAEL BOULTER FAMILY LEGACY INC 22019 CR 54 GREELEY CO 80631 TIMOTHY SHARP 215$$ CR 52 GREELEY CO $0631 GARY & ALAINA EDSTROM 22514 CR 52 GREELEY CO $0631 VIRGIIUTA HICKS C/O LIIVDA EDSTROM 22514 CR 52 GREELEY CO $0631 LOWER LATHAM RESERUOIR CO 8209 W 20TH ST STE A GREELEY CO 80634 SHAfVNOfV & DONNA STEVEfVSOfV 22260 CR 52 GREELEY CO 80631 BRYAN & DAVEE BUNTING 22196 CR 52 GREELEY CO 80631 CERTIFICATE OF MAILING I hereby certify that I have placed a true and carrect capy af the surraunding property awners in accardance with the notification requirements of Weld County in Case Number USR18- 0023 in the United States Mail, postage prepaid First Class Mail by letter as addressed an the attached list this 8th day af June , 2018 . Dated the 8th day of June, 2018 `����' ��'1�YL Kristine Ranslem Recarding Secretary far Planning Cammissian 1 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/1/2017 8.13:22 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature / Date °'7 Property Owners Within 500 ft of Parcel # 096135300055 Account Parcel Owner Mailing Address R1424702 096126300011 LOOSE SHARLENE A R1424702 096126300011 LOOSE DENNIS D f 22035 COUNTY ROAD 52 GREELEY, CO 806319772 R1424802 096126300012 HEIDBRINK FAMILY TRUST 22115 COUNTY ROAD 52 GREELEY, CO 806319772 R2654904 096126300069 WESTERN EQUIPMENT & TRUCK INC 2055 1ST AVE GREELEY, CO 806317219 R8947270 096127400038 BUNTING LONDELL A FAMILY TRUST 21529 COUNTY ROAD 52 GREELEY, CO 806319773 R4076086 77- 096134000057 MICHAEL BOULTER FAMILY LEGACY INC 22019 COUNTY ROAD 54 GREELEY, CO 806319764 R6929597 096134100060 MICHAEL BOULTER FARMS LLC 22019 COUNTY ROAD 54 GREELEY, CO 806319764 84550201 096134100062 LES MATSON CONSTRUCTION INC PO BOX 336668 GREELEY, CO 806330612 R8942005 096134100076 SHARP TIMOTHY J 21588 COUNTY ROAD 52 GREELEY, CO 806319773 Parcels: 15 Owner Records: 19 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/1/2017 8:13:22 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 ft of Parcel # 096135300055 Account Parcel Owner Mailing Address R8942006 096134100077 SHARP TIMOTHY J 21588 COUNTY ROAD 52 GREELEY, CO 806319773 R40,76686 /V 096135000008 EDSTROM ALAI NA R4076686 096135000008 EDSTROM GARY 22514 COUNTY ROAD 52 GREELEY, CO 806317804 M0052691 /7 / 096135000008 HICKS VIRGINIA C/O LINDA EDSTROM 22514 COUNTY ROAD 52 GREELWY, CO 806317804 73);1392 096135000051 LOWER LATHAM RESERVOIR CO 8209 W 20TH ST SUITE A GREELEY, CO 806344699 R8945255 /7 096135200058 STEVENSON DONNA L R89.45255 096135200058 STEVENSON SHANNON S 22260 COUNTY ROAD 52 GREELEY, CO 806319772 R2131803 ,,-- / 096135300054 BUNTING DAVEE JO 8.1803 ' 096135300054 BUNTING BRYAN L 22196 COUNTY ROAD 52 GREELEY, CO 806319772 Parcels: 15 Owner Records: 19 Page 2 of 4 RE: USR18-0023 Attention: Angela Snyder and Weld County Planning Commission. This letter addresses just a few of our concerns for the special use Permit 096135300055 near Fern Avenue, which for the 23 years we have lived here has only been an access road for the Latham reservoir, farm land and oil and gas activity but was not actually a "Public Avenue" at all. There is now, and has been for at least 5 years a padlocked steel gate on that road which could not be allowed on a "public road" such as Fern Avenue. This special Use permit, if approved will allow for a permit in the commercial or Industrial Zone to allow truck and equipment parking and storage for a construction Company. This parcel is located in an AGRICULTURAL ZONE. Other properties in the area are classified as agriculture and are taxed as such. Which tax code will be used for this property? Some of our concerns are listed below: 1. Weld County Commissioners seem to have turned their back on the agriculture industry in Weld County and instead show preference to any and all oil and gas projects and now most industrial enterprises. Mixed use properties are not necessarily compatible with agriculture use. Heavy traffic, dust, congested roads, and hazards to farm animals and the disruption of quiet farm life are an issue, among other issues. 2. Our concern about the dust stirred up and created by semi and trailers including extended trailers, is an issue for those of us who live within 200 feet of the entrance and exit for this property and the first half mile of the road. Asthma, COPD, A -Fib and heart and lung blood clots are severely affected by the dust. One of the extended trailers which come and go from this property has 32 wheels which can stir up a great deal of dust when traveling at above average speeds on such a narrow, single lane road. The Agent/ owner states he would use a water truck to control dust but that would not be efficient or effective as it would be necessary to be used continuously as trucks traverse the road. Actual dust control spray would need to be applied and constantly maintained to control and abate the dust problem. 3. An offer of putting up a speed control sign is less than effective to control speed as speed in this area is an issue on Weld County roads 45 and 52. Few users of the county roads observe the posted and or legally defined speed limit, would the posted speed limit be observed or also ignored. 4. Growth and change of a business after the permit process is also a large concern for us as the entrance and exit are within 200 feet of our home. However many trucks, trailers, motor homes, pickups and other industrial vehicles are currently using the Fern Avenue, the one lane access road, now could increase with growth or added employees. We have seen growth increase traffic for other industries in the area go from three employees to eleven -fourteen which generates 22-28 additional vehicles on our road. Add in UPS, Fedex, and other commercial traffics and the road becomes very busy. The county should inspect and control commercial industries to stay within their approved permit agreement. 5. Part of the property is being rented as farm/agricultural use but some acres closest to our home are left untended, un-mowed, and are a weed and fire hazard. This area is adjacent to the small piece of property we own south of the ditch and Fern Avenue. At the time the owner/agent wanted to change the location of Fern Avenue (Latham Reservoir access road) to make it easier to access and exit his property with the long semis. There was no discussion of purchasing the small parcel of land we own there but only that he was planning to change the location of the road. Then he placed four large concrete culverts on part of our land without permission. He later moved them elsewhere. There seems to be a lack of concern for existing land owners. 6. I have seen a sewage truck travel Fern Avenue (Latham Reservoir access road) several times assuming disposal of waste or sewage. This waste must be generated by the motor homes or shed in some way. Therefore there is a concern for contamination if no sewage disposal system has been installed for workers or those living there. 7. There have been many times we have seen more than two proposed trucks and trailers at the location and traversing the road. On December 16th 2017 Brain Hartman and his wife held a neighborhood meeting but the notice was received per mail at 5 P.M. and the meeting was to be held at 6 P.M. on the same day. With it being the Christmas season we did not get to attend as we already had other obligations for that night. There was to be a second neighborhood meeting but that never seemed to be scheduled so we have not presented our concerns to Mr. Hartman and his wife. As things always change so must the neighborhoods we live in but when we purchased our property all surrounding properties were strictly agriculture. That was why we liked the area. Now it is pocked with huge oil and gas units and constantly increasing truck and regular traffic which makes our roads much more dangerous. Adding more industry and commercial units is not appealing to us. I believe it is not appealing to any of our neighbors either. I would hope this USR18-0023 for the close proximity of this property would consider the wellbeing of all neighbors and our values. Signed: Dennis and Sharlene Loose 22035 Rd 52 Greeley, CO 80631 RE: USR18-0023 Angela Snyder and Weld County Planners, I am writing concerning the Special Use permit request on parcel 096135300055. It is my understanding that this Special Use permit, if approved, will allow for a permit in the Commercial or Industrial Zone to allow truck and equipment parking and storage for construction businesses. This parcel is located in an Agricultural zone and all of the surrounding properties, thought classified as agricultural, also include residences and are taxed as such. I have many concerns regarding this application including the fact that current practices on the property do not align with the application, applicants have shown indifference to surrounding landowner rights, and the incompatibility of this use with surrounding land use and infrastructure. Many of the activities of the owners and agent that occur on the property often go beyond simple parking and storage. The permit states that there will be parking for two semi -trucks, however, currently there are three semi -trucks there and for most of the last year, there have been four. There are also many trailers as well as one welding truck. The owner/agent has stated that they will be at the property no more than 20 hours per week, but routinely there is someone there the entire day most week days, and often someone is there working on the weekends as well. In fact Sunday June 10, 2018 there was someone there using a forklift to move the heavy metal pilings that are part of the construction business. The building that was built on the property was proposed as a storage shed, however, is it most clearly a shop to work on semi- trucks, and they are often doing maintenance that goes beyond a simple oil changes, including washing trucks, which they specifically said they would not be doing. Many activates that are done at the property do not align with the permit. On March 17th and 18th two workers at the property used a jackhammer to break apart large pieces of concrete. They started at 7:00 am and continued both days until after 5:00pm. Obviously, this was a very noisy process, and is reflective of the activities that happen on this property. The Owner and Agent have shown a lack of concern for the surrounding property owners. The agent, Brian Hartman and his wife did hold a neighborhood meeting on December 16. The notice for this meeting arrived in the mail the day the meeting was scheduled. Furthermore, the meeting happened during the busy Christmas season so very few neighbors were able to attend. However, the neighbors who were able to attend brought some concerns forth and there has been no effort to address these concerns to date. In addition, Brian promised to hold another meeting to allow neighbors who were unable to attend due to the late notice and that second meeting has yet to happen. During the meeting, several concerns were voiced, including the speeds of vehicles on the road, and the large amount of dust that is produced when semi -trucks drive up and down an unmaintained road frequently. Brian said that they would put up a speed limit sign and get a water truck to keep the dust down, but to date there has been no movement on this promise. Not only do the semi -trucks make a large amount of dust, but also, due to the increased traffic on the road, every other vehicle produces a large amount of dust. A good example is the trash truck that makes one trip a week on the road causing huge plumes of dust. Another concern that mentioned was the need for a port -a -potty because there are at least three people working on the property and no restroom facilities. They did bring in a port -a -potty but it does not appear to have been serviced since it was placed on the property so there is still concern regarding possible contamination. It seems as though the Owner and Agent do not have any concern for the rights of surrounding property owners. Make -shift property stakes were put up but this was not done by an actual surveyor who would actually find the markers that indicate property boundaries. Instead, someone who did not understand where the property lines were just put stakes wherever they thought the property lines were. Many of the stakes ended up well inside adjacent properties, some as far as 20 feet inside property lines. Then, without even contacting neighboring property owners, and the Latham Ditch Company the Owner and Agent decided to move the road and the drainage ditch, even though this move would have caused them to overtake surrounding property and interfere with long-standing water rights. Lastly, the actual use of this property goes beyond storage and this is not compatible with the homes on the surrounding properties. There are currently three semi -trucks on the property, and according to the permit, these trucks will be making 1-3 trips per day. That means up to nine trips up and back on the road. In addition, there will be up to five employees making 1-3 trips per day, meaning 15 additional trips per day, or 24 trips per day on a road, that is not designed to handle that type and amount of traffic. That is a 1400% increase of the current level of traffic on Fern Avenue. This amount of traffic is not compatible with the current infrastructure, or compatible with the proximity of houses. My house is 50 feet from this road, and other homes are similarly close. County regulations regarding land use on a particular property are the fences that make good neighbors. When we built our home there, we followed all of the guidelines that were in place for what we could and could not do with our property. We obtained all the necessary permits and made every effort to be good neighbors to the other landowners that were already there. Les Matson and Brian Hartman did not do that. They brought the property and just started doing whatever they wanted to do with it, which is why they now have to go back and get this permit. In addition, when neighbors asked for concerns to be addresses six months later they still have not. Furthermore, the application that they have submitted is not in line with what is actually happening at the property. These are not the acts of good neighbors, but the acts of someone who has no regard for their neighbors. Hello