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Home My WebLink About20182289.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING, PCSC18-0007, REGARDING 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 July 25, 2018, a Show Cause Hearing, PCSC18-0007, was conducted to consider revocation of 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, issued to Rose Holdings, Inc., dba Shepherd Enterprises, c/o Daniel Shepherd, 1931 Leona Avenue, Wattenberg, Colorado 80603, and WHEREAS, Rose Holdings, Inc., dba Shepherd Enterprises, c/o Daniel Shepherd, is the owner of the facility located on property described as: 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, at said hearing of July 25, 2018, Mr. Haug made record regarding the recent vacation of the aforementioned USR Permit and called for dismissal, therefore, the Board deemed it advisable to dismiss said Show Cause hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing regarding Use by Special Review Permit, USR17-0063, vacated by Rose Holdings, Inc., dba Shepherd Enterprises, c/o Daniel Shepherd, be, and hereby is, dismissed. QtPLotwrnIH-A t (FW IetL. a1-rs))►oe 2018-2289 PL2518 RE: SHOW CAUSE HEARING, PCSC18-0007, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR17-0063 - ROSE HOLDINGS, INC., DBA SHEPHERD ENTERPRISES, C/O DANIEL SHEPHERD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of July, A.D., 2018. ATTEST: W.4a Weld County -Clerktothe Board Date of signature: 08 BOARD OF COUNTY COMMISSIONERS WELD CCOOUNTY, COLORADO Steve Moreno, Chair 2018-2289 PL2518 To: Weld County Commissioners and all others concerned I will be closing my business of 29 years by July 31St 2018 and will begin to remove the commercial vehicles from my property at that point. I will need 60 days to move this equipment from the property. There will be no trucking operations after July 31 I would like to vacate the USR permit that we have in place at that point. Regards Dan Shepherd 07/18/2018 RECEIVED JUL 18 2018 Weld County Planning uepartment GREELEY OFFICE To: From: Subject: MEMORANDUM Board of County Commissioners Kim Ogle, Planning Services Show Cause for USR17-0063 Rose Holdings, Inc., dba Shepherd Enterprises c/o Daniel C. Shepherd Date: July 25. 2018 SHOW CAUSE CASE SUMMARY CASE NUMBER: NAME: SITUS: LEGAL DESCRIPTION: TOTAL ACREAGE: LOCATION TIMELINE: August 7, 2017 August 9, 2017 August 9, 2017 August 28. 2018 PCSC18-0007 Rose Holdings, Inc., dba Shepherd Enterprises c/o Daniel C. Shepherd 1931 Leona Avenue, Brighton. CO 80603-9248 Lot B. RE -373 being part of the N2NW4 of Section 25, Township 1 North. Range 67 West of the 6t" P.M.. County of Weld, State of Colorado +/- 16.6 acres 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) Zoning Complaint Received, initiated COMP17-00189 Zoning Compliance Officer conducted a site inspection at the property. Visual inspection of the property. the following items were noted: numerous commercial vehicles. Semi cabs parked out front and trailers parked out back (primarily). Also noted several passenger vehicles (apparent employee parking). Zoning Violation initiated, ZCV17-00225 for the operation of a trucking operation without first obtaining a land use permit. Zoning Violation Hearing - Board of County Commissioners Outcome: Referred to County Attorney for immediate legal action SERVICE, TEAMWORK, INTEGRITY, QUALITY August 31, 2017 November14, 2017 November 27, 2017 January 31, 2018 March 9. 2018 March 12. 2018 April 16. 2018 April 18, 2018 May 23. 2018 July 2. 2018 July 11,2018 July 11. 2018 July 18. 2018 July 25. 2018 BACKGROUND: Zoning: USR17-0063 Pre -Application Meeting.. prior to submitting a USR for a commercial grade food warehouse and associated trucking business USR application submitted Court Ordered Stipulation, Case Number 17CV30757 signed by Weld County and Mr Daniel Charles Shepherd USR17-0063 conditionally approved by the Board of County Commissioners Complaint received about fugitive dust originating from Shepherd Trucking. Representative from Environmental health went onsite right after receiving the complaint. Visual inspection noted there were trucks entering and exiting the property but there were no fugitive emissions crossing off the property line of the trucking company. Was onsite from 1500 to approximately 1600. Parked on the South end of the property and looked North along the property line to check for offsite transportation. Will continue to monitor the area to see if there are any fugitive emissions. Close out complaint — CP-1800061. 10 -Day Letter sent via certified mail for Probable Cause Hearing Probable Cause Hearing Outcome Schedule a Show Cause Hearing on July 25. 2018 at 10:00 a.m. Noise Study Requested Outcome: Background noise to high, not valid readings Noise Study Requested Outcome: Compliant with Noise Standard. Average Noise Reading 53.9 dB(a) Planning met with applicant. Mr Shepherd and engineering consultant seeking an update on the status of completing the COAs for the land use permit Noise Study Requested Outcome: Not Compliant with Noise Standard. Average Noise Reading 58.4 dB(a) Notice of Public Hearing sign posted on property (Show Cause Hearing) Letter from Mr. Daniel Charles Shepherd notifying Weld County that he intends to close his business on July 31. 2018 and will remove the commercial equipment from the property within sixty (60) days of July 31. 2018. He is also requesting to vacate USR17-0063 and withdraw his application. Show Cause Hearing A (Agriculture) Conditionally approved for a Site Specific Development Plan and Special Review Permit for Agricultural Service Establishments primarily engaged in performing SERVICE, TEAMWORK. INTEGRI FY, QUALITY 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 SUMMARY: This case was conditionally approved by the Board of County Commissioners on January 31. 2017 Development Standard #1. #3. #8. #12, #13, #16. and #25 state: 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 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 USR Resolution's Development Standards state the following: 1. 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 SERVICE, TEAMWORK, INTEGRITY, QUALITY The site is not in compliance with Development Standard #1 because the Department of Planning Services has not received an updated USR Map for review, approval and Mylar map has not been submitted for Planning and Board of County Commissioner signature and recording. 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. The applicant and owner of Shepherd Trucking indicated to the Planning staff at the July 2, 2018 meeting that he has knowledge that there is at least one infraction of operating outside of the specified hours of operation, therefore, the applicant is not in compliance with Development Standard #3, hours of operation. 8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. The applicant is in compliance with Development Standard #8. The Weld County Sheriffs office has not received nor have any incident reports of record. 14. 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. Date Reason for Noise Study Noise Measurement Report 4.18.2018 Commissioner Request Date Highest Complaint Noise Reading 50.0 dB(a) Average Complaint Noise Reading 48.0 dB(a) Correction: Reportable Noise Reading Background to High Not Valid Reason for Noise Study Noise Measurement Report 5.23.2018 Follow-up Commissioner Request Date Highest Complaint Noise Reading 61.0dB(a) Average Complaint Noise Reading 53.9 dB(a) Correction: Reportable Noise Reading 52.9 dB(a) Reason for Noise Study Noise Measurement Report 7.11.2018 Hearing Highest Complaint Noise Reading Average Complaint Noise Reading Correction: Reportable Noise Reading 60.5 dB(a) 58.4 dB(a) 58.4 dB(a) Residential Noise Limit is 55 dB(a) The applicant was out of compliance on July 11, 2018 per readings taken by James Taloumis, EHS 15. There shall be no Jake brakes or back-up alarms utilizes on the site. SERVICE, TEAMWORK, INTEGRITY. QUALITY The applicant is in compliance with Development Standard #15. The Weld County Sheriffs office has not received nor have any incident reports of record. Planning Services has received any complaints or correspondence from adjacent and, or. surrounding property owners. 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. Environmental Health received a dust complaint on March 9. 2018 which was acted on by J. Taloumis, EHS and the property was found to be compliant. no fugitive dust was identified as being transient. The applicant has not submitted a Dust Abatement Plan for review and approval by the Department of Planning Services. 25. The approved screening/landscaping on the site shall be maintained. The USR17-0063 map, including a Landscape /Screening Plan to mitigate visual impacts has not been submitted for review and approval by the Department of Planning Services. Board of County Commissioners Options: • Dismissal of the Show Cause • Continuation of this hearing to a later hearing date • Suspension of the USR • Fine(s) • Revocation of the USR • Injunctive Action SERVICE. TEAMWORK. INTEGRITY. QUALITY To: Weld County Commissioners and all others concerned I will be closing my business of 29 years by July 31St 2018 and will begin to remove the commercial vehicles from my property at that point. I will need 60 days to move this equipment from the property. There will be no trucking operations after July 31 I would like to vacate the USR permit that we have in place at that point. Regards Dan Shepherd 07/18/2018 RECEIVED JUL 18 2018 Weld County Planning Department GREELEY OFFICE PO5O18-0007 ROSE HOLDINGS, INC. DBA SHEPHERD ENTERPRISES 0/O DANIEL C. SHEPHERD July 25, 2018 Shepherd Enterprises Vicinity Map - !n 'r 4!311'1.:3$ asa..a-x Ma wt a l.•t• S • 0 "wan ^. T. Ce _ 6 S...L� 14 -. was 2:: -anti a=. N tY U W = a .pa•al •�...w .fill la 1. UAW '9uW wilt. Sal K•>)•i+ 7C CUM ••4023 •23it O J'�•y;,. --••Z• nsct0••} .•!.Mitt A M Y • w-•' •ttt =9.1260.1213 law ••••• rases AYEL MINING Shepherd Enterprises Neighborhood Map The USR Resolution's Development Standards state the following: 1. 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. Comment: The site is not in compliance with Development Standard #1 because the Department of Planning Services has not received an updated USR Map for review, approval and Mylar map has not been submitted for Planning and Board of County Commissioner signature and recording. 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. Comment: The applicant and owner of Shepherd Trucking indicated to the Planning staff at the July 2, 2018 meeting with County staff acknowledged that there is at least one infraction of operating outside of the specified hours of operation. Planning staff determined during a site visit on July 24, 2018 that Shepherd Enterprises was operating outside of the 7:00 a.m.to 7:00 p.m. hours with a truck leaving at 539 a.m. and 6:01 a.m. therefore, the applicant is not in compliance with Development Standard #3, hours of operation. 8. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. Comment: The applicant is in compliance with Development Standard #8. The Weld County Sheriff's office has not received nor have any incident reports of record. 14. 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. Comment: The Residential Noise Limit is 55 dB(a). Three readings were conducted by EHS staff on April 18, May 23, and July 11, 2018. The applicant was out of compliance on July 11, 2018 per readings taken by James Taloumis, EHS 15. There shall be no Jake brakes or back-up alarms utilizes on the site. Comment: The applicant is in compliance with Development Standard #15. The Weld County Sheriff's office has not received nor have any incident reports of record. Planning Services has received any complaints or correspondence from adjacent and, or, surrounding property owners. 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. Comment: Environmental Health received a dust complaint on March 9, 2018 which was acted on by James Taloumis, EHS and the property was found to be compliant, no fugitive dust was identified as being transient. The applicant has not submitted a Dust Abatement Plan for review and approval by the Department of Planning Services. 25. The approved screening/landscaping on the site shall be maintained. Comment: The USR17-0063 map, including a Landscape /Screening Plan to mitigate visual impacts has not been submitted for review and approval by the Department of Planning Services. �u it _) inL. O z IO UI op' ROW I Tu _ ta'--- 4 W EMPLOYEE/DRIVER PARKING FOR PASSENGER CARS ONLY ': 5) It 4891 REMOVE EXISTING ACCESS POIN T 2' TALL EARTHEN BERM C ; : 4c - ;its: :' - :4 INSTALL FENCE GRAVEL DRIVE f` 10'X12'S SEMI TRACTOR/ DRIVER PARKING (40 SPACES) It r GRAVEL DRIVE - 9 NEW 6' TALL AUSTRIAN PINE TREES SEMI TRAILERS USED FOR STORAGE FLUORESCENT LIGHT MOUNTED ON POLE AFTER HOUR STAGING AREA SEMI FOR TRUCKS TO BE DROPPED OFF AND LEAVE -16 SQ FT FACILITY SIGN CATTLE GUARD FOR TRACKING CONTROL _O..s . i.--1-f .1 -� SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS r r• TRAILERS PARKING a 0 a 4o AUSTRIAN PINE TREcS FLUORESCENT LIGHT MOUNTED ON POLE SAY LIMN MN DRAIN E LOt DIRECTION TYP DOWNCAST WALL PACK LIGHTING TYPICAL DIRECTION OF TRAFFIC TYP. LOADING DOC kt 00 GAL GAS TANK 500 GAL DIESEL _ TANK GRAVEL DRIVE-' el/kr-4 me CONCRETE PAD FOR TRAILER LANDING GEAR LEACH FIELD • T~ rl ri -' i r' }�} ri �i i i ( i r� (i r� r, r'1 -1 1-11 t•t .;1.4 11 '' ' s 1 11 I ft 411-" 1 1 1 -r • 1 • I I 1 1 1 l i{ • l i 1 i i t 1 ,1 1 I 11IL_.1. I' 1.' ,4 , I L_1 ._1 1_.._. l ! „, 1. ..4 :_ ll . La LEONA AVE st . is FLUORESCENT LIGHTS MOUNTED ON POLE PIPE AND CABLE FENCE USED TO PROHIBIT TRAFFIC FROM ENTERING DOCK AREA IN OFF WAREHOUSE HOURS DUMPSTER LOCATION APPROXIMATE EXTENT OF FLOODPLAIN apitint �_..-- O 00 1� OD Partial Site Area Map Improvements only c0 Z I 4g 0 REMOv4 X,STING At. CESS POIN' 1' TALL =ART, • RFRV /11*- *At .' .*- * •*'- t * * '• h'Y' i—NSIAII —��P/ • / DRIVE _q/ V DAN SHEPHERD USR 17-xxxx MAP IA NFW W TAI rAlit; IRIAN PINE NETS a I ♦ t t 4 • • ♦ • • FENCE GRA VEI k SHED --""-4 • MNI DYE r /i)HIVF K SEMI TRACTOR/ PAHKINC FORDRIVER PARKING wA•,S4 NGI R CARS (60 SPACES) \CNL ti C 38 SPACES) /r 2444, 1t- t•,_ - —r— -r •0 z' t \,,,\ GRAVE' DRIVE SFMI IRAs' I HS OSLO I OR STORAGE - 4 ATTI F CuARD FOP TRACKING CONTROL GATE • • L Ex;STING 'ri JINCC FLUORESCENT .- LIGIII MOUNTED ON POLE a— .•_• SFMI IkA11 EWS NARKING N .ww.i" —•-u. CAM •• CA tali. ,ti gala y a rel sad, laMI•.r.I as al .0 gS-e Oval. le •us. • Can. 4n.rn. Mli, Easy [ea. Y ••••..d .., a - r, y..*. 'sonar N.—.,— •. yrs ,..... « vva...4 •.0,004 '.w a _ •i Ni r 1931 Leona Avenuc I I. Lupton, FLUORESCENT LIGHT ,WELD COUNTY. 0. ►1.ORADO MOUNTED CXv pot \\ tot nowt TIc)N TYp UOWNCAS I WALL PACK LICH I INC VP IC AL DIRECTION OF TRArrlc TYP OADING 0004"-- t - )OO GAL OAS *TANK — — )00 GAL UILSLL I FACH I TANK 'EIEIU r - CRAVE' DRIVE-" .♦ CONCRFTF PAD FOR TRAILER LANDING GEAR I: a...•-• IN._I C i 11 FtUORFSCFNT r0ITS MOUNTFD ON POLE r . -.••••••••••16.6 el. ..—. - • • _--_-..—.--.--at • — DUMPS TER I OCATION ....-- ._ APPROXIMA TE IXIENI OF E ..000NLIUN V VS II • e r Q U I 1 ti N FY AREA WITHIN Ft 000 PI AIN NOT TO RE 1� UtVtLONLU.AHtA MAY St EAHMUL' ti • • EXISTINC nOND I • +. I .. To: Weld County Commissioners and all others concerned I will be closing my business of 29 years by July 31st 2018 and will begin to remove the commercial vehicles from my property at that point. I will need 60 days to move this equipment from the property. There will be no trucking operations after July 31, 2018. I would like to vacate the USR permit that we have in place at that point. Regards, Dan Shepherd 07/18/2018 View looking west from Leona Avenue on County Road 6 View looking southeast from County Road 6 at new access drive To: Weld County Commissioners and all others concerned I will be closing my business of 29 years by July 31St 2O18 and will begin to remove the commercial vehicles from my property at that point. I will need 60 days to move this equipment from the property. There will be no trucking operations after July 31, 2O18. I would like to vacate the USR permit that we have in place at that point. Regards, Dan Shepherd 07/18/2018 WCR6 JVCR6 O ..11 M W CR'2 o • V/ CR 2 WCR6 WCR6 :rR:.._ /:-12375 WCR: '5 NCR E b n y q2. NEW ENERGY DR RIGHTON -z C, iEyiCR2 WCR2 WCR25 • erg F wuso Shepherd Enterprises Vicinity Map REMOVE EXISTING / ACCESS POINT 2 TALL EARTHEN BERM —INSTAL.. FFNCt GRAVEL DRIVE EMPLOYEE /ORI vER t PARKING FOR rkASSENGER LARS t t ONLY (in ?ACES) 1 / (40 SPACES) i-10' X 12' SH SEMI TRACTOR/ DR vER PARKING St 9 NEW b' Aus TRIAN THEE kit GRAVEL DRIVE - TALL PINE %t St MI TRAIL ERS USED FOR SIGRACE FLUORESCENT LIGHT J� AUXIN TED ON POT E AFTER HOUR STAGING AREA -`-- FOR TRUCKS TO BE DROPPED OFF ANO LEAVE —16 SQ FT FACILITY SIGN CATTLE G iARD FOR TRACKING CONTROL �—GA TE 48 NEW 6' TALL AUSTRIAN FINE TR!f.'S f LUORESCEN I LIGH MOUNTED ON POLE y, IMP2 its SEMI -IRAIL ERS PARKING Irr!r1 l lftr J 11 I E. lu SITE SPEOcic OE*E.(W'w&eT aAh tea Br SPCOAL RLNEA Pcn.i DebtLOPMCNT STANDARDS UAMLL SHLPIE RU u9R1 : 0X!6.3 1 The 5JIe Somatic Development Flan and Use by Spas Reese* Fennel, JSR'7-(003 •i tor Aix K4iwel aerate Estabi.Vlments pnmaey engaged In ..rlarnn4 agnootsrd. anima ht.eband.y or nat.PWlwal ef' vices yr c tee a curates! Poet. rdudng. coup. fading and !foaling fruits and .egetaoles to the cow ono Iw reee emla to me sees mled ribose as Om by Speed Rest* as long as the .as canpes wen the general -nowt o• as A (Ag,cu.wv ) [One (nowt' (Domalg. staging 014 storage of comn,rc.d naives and equipment and the tracing of ogr.culturd products mouthy mow dairy aria produce) in the A (Agriculture) Lore Datrcl. in l�J WV Ll sA A% a% I IL. ♦ A l to IS. s\ I LAS. FS .a WIS. A 1 LEONA AVE DIRECTION TYP DOWNCAST WALL PACK LIGHTING TYPICAL DIRECTION OF TRAFFIC TYP. LOADING DOC ♦ t .00 GAL GAS TANK ----- 500 GAL DIESEL TANK GRAVEL (DR! VE-� �N — CONCRETE PAD FOR TRAILER LANDING GEAR LEACH FIELD r. . •-, ci.t=i} i- FLUORESCENT LIGHTS MOUNTED ON POLE PIPE AND CABLE FENCE USED TO PROHIBIT TRAFFIC FROM ENTERING DOCK AREA IN OFF WAREHOUSE HOURS — DUMPSTER , 5-) LOCA LION APPROXIMATE EXTENT OF LUCIUPL AI N AREA WITHIN FLOOD PLAIN NOT TO BE .-- OE VELOPE D. AREA MAY HE FARMED 0 1I0 ta0 12 The 'cooly ends *tows to Ine •nconlum peninsula "uric Winne anowea .n the Reikaen(ol Zone Dtlr.tt. us delineated In Section 25-12-103. C.R 5 U There shalt be no Jake beaks, or back-up dorms utilized on me cite 14. TM 000r a dew tram 'ding nuas (not to ercwd nee (5) minutes) enact nod In,. the wgreIty '5 Waits mute'•* ran W homed, staid. and iesaasea av •r• a manner Mal tant,Cs fugitrre eat. fugitive pat•cwote omissions, bica rig clears, Ovid atria potential r4rmanat conditions The applicant elrce operate in accordant* wltr Cnaptr 14, Article I. of the Weld County Code 10 Fugitive Wit Should utlrnpl to be confined an the (*warty. User on the 18 A Flood notord OsWaprnent Perna .s figured 101 ad constructor a development occurring nn the Weapon to Iluod*ay a► aetineulaa on redid Emergency Management Agency (FEMA) FIRM Community Panel Map 05123C 211bt, effective dote SOWS 40. 2016 (South Mott* She f looaplarn) Any derenopment snail comply *fin ail apyr•Able 1400 County rea.,remenis, Ca, or ado Water Consr.otion Rood requirements as demoted In Rums mid Reyvluliw:s Ice Re...:alwy FivudMulne in Caaudu, and }TWA regvlebcns one •eouvements os desaeed n 44 CM prte 99 50, ono 65 The run cmenzIor or development is ads Won -mode Charge to knpro.ed a onenproved red estate inducting. out not Ibnited to. b..ebigs or otnr *troctwes. mining, aeagng. tlkng. grading peens eacovotcn, nine operations. ix stooge of equipment rd Male/In 29 Budding permits may be required, Per Section 29-.3-10 of ins Weld County fs NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code. a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado. Weld County Administration Building. 1150 O Street. Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing. at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225. prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street. Greeley. Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET #: 2018-65 DATE: July 25. 2018 TIME: 10:00 a.m. APPLICANT: Rose Holdings, Inc., dba Shepherd Enterprises, c/o Daniel Shepherd 1931 Leona Avenue, Fort Lupton. CO 80621 P.O. Box 8, Fort Lupton. CO REQUEST: Hearing. PCSC18-0007, to show whether good cause exists for revocation of Use by Special Review Permit. USR-17-0063. 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 LEGAL DESCRIPTION: 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 ISSUE: Whether or not the Permit holder is in compliance with the following: 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 9. 2018 PUBLISHED: July 12, 2018. in the Greeley Tribune Affidavit of Publication NOTICE Pursuant to the zoning taws of the State of Colorado and the Weld County Code, a public hearing will be held in the Cham- bers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party, In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in this hearing, please contact the Clerk to the Board's Of- fice at (970) 400-4225, prior to the day of the hearing. The complete case file may examined in the office of the Clerk to the Board of County Commissioners, Weld County Ad- ministration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E- -Mail correspondence into the case file, please send a copy to egesick@weldgov.com. DOCKET #: 2018-65 DATE: July 25, 2018 TIME: 10:00 a.m. APPLICANT: Rose Holdings, Inc., dba Shepherd Enterprises, c/o Daniel Shepherd 1931 Leona Avenue, Fort Lupton, CO 80621 P.O. Box 8, Fort Lupton, CO 80621 REQUEST: Hearing, PCSC18-0007, to show whether good cause exists for revocation of Use by Special Review Permit, USR-17-0063. for an Agricultural Service Establishment primari- ly engaged in performing agricultural, animal husbandry or horti- cultural 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 (Agricul- tural) 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 LEGAL DESCRIPTION: 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 ISSUE: Whether or not the Permit holder is in compliance with the following: 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., Satur- day 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: dur- ing 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 shaltbe 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 Quali- ty 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 9, 2018 The Tribune July 12, 2018 STATE OF COLORADO County of Weld, I Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twelfth day of July A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Twelfth day of July A.D. 2018 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. July 12, 2018 Total Charges: $25.69 12th day of July 2018 My Commission Expires 09/28/2021 44, Notary Public KELLY ASH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174040535 MY C0MM4SSI0N EXPIRES "rPTEMf'iEFi 28, 2021 (ti SURROUNDING PROPERTY OWNERS PCSC18-0007 - ROSE HOLDINGS, INC., DBA SHEPHARD ENTERPRISES, C/O DANIEL SHEPHARD NAME GEORGE AND PAULA STIEBER JR QUARTER CIRCLE S QUARTER CIRCLE LAND ASPHALT PAVING CO SHEPCO68 LLC ARCHULETA LIVING TRUST, C/O ESTEFANITA ARCHULTA, TRUSTEE RUBEN TORRESDAY VICTOR VAZQUEZ JEREMY SCHNEIDER VICTORIA WATSON DERKS TOMMY AND RACHAEL DEHERRERA JOHN EDWARD JR VENEGAS, FELPIA VENEGAS AND SUSAN MARTINEZ BENERANDA JARAMILLO TOMAS JR AND ERMALINA MORALES GREG GARCIA MOSES PINO THERESA AND MIGUEL GARCIA HECTOR MANUEL RODRIGUZ FLORES APRIL SIMON FRED AND RAMONA MECILLAS JOSEPH WARHOL JUAN HERRERA AND MARTHA PEREZ ANGELA ORTIZ KENNETH PEREZ JAIME ELIAS BORELLO GARCIA FRANK AND MARCELLA GALICIA JOHN VENEGAS JOSE AND ELVIRA BENAVIDEZ TRI TOWN PROPERTIES LLC ARTURO CHAVEZ SILVESTRE AND MARIA GONZALEZ JOHN NAVARRO FLORENCE MARTINEZ FLORENCE FONTES C/O FLOR MARTINEZ JULIAN AND ANGELA MARTINEZ ANDREW CARNEGIE MOORE III KENNETH AND VICKI AUGUSTENBORG ANDRES HERNANDEZ JR, ANTONIE GALICIA AND RICHARD GALICIA JR ROBERT AND ORLINDA GIRON LEOPOLD AND JANET HERRERA ROSE HOLDINGS INC DBA SHEPERD ENTERPRISES C/O DANIEL SHEPHERD ESPINOSA FAMILY TRUST ROSE HOLDINGS INC DBA SHEPERD ENTERPRISES C/O DANIEL SHEPHERD Kbruxvoort@aftpros.com tnaylor@agpros.com ADDRESS 1 11573 CR 6 11553CR6 14802 W 44TH AVE 1931 LEONA AVE 1621 CAROLINE AVE 120 4TH STREET 1944 CAROLINE AVE 1974 CAROLINE AVE 1984 CAROLINE AVE 1736 MARY AVE 1952 EDWARDS STREET 7721 LOCUST STREET 11531 EDWARD STREET 11551 EDWARD STREET 1973 CAROLINE AVE 1943 CAROLINE AVE 11510 EDWARD STREET 16288 CR 12 1909 CAROLINE AVE 11540 EDWARD STREET 1913 CAROLINE AVE 1923 CAROLINE AVE 11539 FREREDICK STREET 1795 MARY AVE 1924 CAROLINE AVE PO BOX 321 11609 FREDERICK STREET PO BOX 501 1841 MARY AVE 1854 CAROLINE AVE 6850 MONACO STREET 1774 CAROLINE AVE 1770 CAROLINE AVE 11595 JULIUS STREET 11604 JULIUS STREET PO BOX 534 11523 CHRISTIAN STREET 1653 CAROLINE AVE 1673 CAROLINE AVE 1771 CR 23 11534 CHRISTIAN STREET 1931 LEONA AVE PO BOX 8 1CITY 'STATE POSTAL CODE FORT LUPTON CO 80621-7858 FORT LUPTON CO 80621-7858 GOLDEN CO 80403-1893 FORT LUPTON CO 80621-7816 FORT LUPTON CO 80621-7801 FORT LUPTON CO 80621-2014 FORT LUPTON CO 8062 1-784 7 WATTENBURG CO 80621-7847 FORT LUPTON CO 80621-7847 WATTENBURG CO 80621-7819 WATTENBURG CO 80621 COMMERCE CITY CO 80022-1323 FORT LUPTON CO 8062 1-782 7 FORT LUPTON CO 80621-7827 FORT LUPTON CO 80621-7848 FORT LUPTON CO 80621-7848 FORT LUPTON CO 80621-7828 FORT LUPTON CO 80621-8606 FORT LUPTON CO 80621-7804 FORT LUPTON CO 80621-7828 FORT LUPTON CO 80621-7804 FORT LUPTON CO 80621-7804 FORT LUPTON CO 80621-7808 FORT LUPTON CO 8062 1-784 1 FORT LUPTON CO 8062 1-788 3 FORT LUPTON CO 80621-0321 FORT LUPTON CO 80621-7809 FREDERICK CO 80530-0501 FORT LUPTON CO 80621-7839 FORT LUPTON CO 80621-7803 COMMERCE CITY CO 80022-2607 FORT LUPTON CO 80621-7850 FORT LUPTON CO 80621-7850 WATTENBURG CO 80621-7830 FORT LUPTON CO 80621-7832 FORT LUPTON CO 80621-0534 FORT LUPTON CO 8062 1-7 80 5 FORT LUPTON CO 8062 1-780 1 FORT LUPTON CO 80621-7801 BRIGHTON CO 80603 FORT LUPTON CO 80621-7806 FORT LUPTON CO 80621 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surronding property owners in accordance with the notification requirements of Weld County in Case NumbePCSC18-0007, in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this9th day of July, 2018. Ste hanie Frederick Da • t 9th d..i.fJu Deputy Clerk to the Board WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:42 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. OLge7L- Si-1//12/i gnature Date Property Owners Within 500 ft of Parcel # 146925000011 Account Parcel Owner Mailing Address R1361002 146924400027 STIEBER PAULA L R1361002 146924400027 STIEBER GEORGE WILLIAM JR 11573 COUNTY ROAD 6 FORT LUPTON, CO 806217858 R1361102 146924400028 QUARTER CIRCLE S QUARTER CIRCLE LAND 11553 COUNTY ROAD 6 FORT LUPTON, CO 806217858 R6059586 146925000002 ASPHALT PAVING CO 14802 W 44TH AVE GOLDEN, CO 804031893 R6060386 146925000011 SHEPCO68 LLC 1931 LEONA AVE FORT LUPTON, CO 806217816 R0946901 146925000020 ASPHALT PAVING COMPANY 14802 W 44TH AVE GOLDEN, CO 804031893 R8941670 146925000021 ASPHALT PAVING COMPANY 14802 W 44TH AVE GOLDEN, CO 804031893 R6062686 146925100013 ARCHULETA ESTEFANITA TRUSTEES OF R6062686 146925100013 ARCHULETA LIVING TRUST Parcels: 60 Owner Records: 91 Page 1 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:42 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. • impSignature Date Property Owners Within 500 ft of Parcel # 146925000011 Account Parcel Owner Mailing Address R6062686 146925100013 ARCHULETA ESTEFANITA 1621 CAROLINE AVE FORT LUPTON, CO 806217801 M6062786 146925100013 ARCHULETA LIVING TRUST 1621 CAROLINE AVE FORT LUPTON, CO 806217801 R7207998 146925100028 ASPHALT PAVING CO 14802 W 44TH AVE GOLDEN, CO 804031893 R6063386 146925103001 NEELEY GEORGE R6063386 146925103001 NEELY G RONALD & RUTH ANN TRUST R6063386 146925103001 NEELY GLENN DONALD FAMILY TRUST R6063386 146925103001 STIEBER GEORGE W FAMILY TRUST (2/3) 11553 COUNTY ROAD 6 FORT LUPTON, CO 806217858 R6063886 146925103008 TORRESDAY RUBEN 120 4TH ST FORT LUPTON, CO 806212014 R6064086 146925103010 VAZQUEZ VICTOR 1944 CAROLINE AVE FORT LUPTON, CO 806217847 Parcels: 60 Owner Records: 91 Page 2 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:42 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 # 146925000011 Account Parcel Owner Mailing Address R0016292 146925103011 SCHNEIDER JEREMY J 1974 CAROLINE AVE WATTENBURG, CO 806217847 R0016392 146925103012 DERKS VICTORIA WATSON 1984 CAROLINE AVE FORT LUPTON, CO 806217847 M0117487 146925104001 DEHERRERA RACHAEL M0123892 146925104001 DEHERRERA RACHAEL M0193289 146925104001 DEHERRERA RACHAEL R6064186 146925104001 DEHERRERA RACHAEL M0117487 146925104001 DEHERRERA TOMMY 1736 MARY AVE WATTENBURG, CO 806217819 M0123892 146925104001 DEHERRERA TOMMY 1736 MARY AVE WATTENBURG, CO 806217819 M0193289 146925104001 DEHERRERA TOMMY 1736 MARY AVE WATTENBURG, CO 806217819 Parcels: 60 Owner Records: 91 Page 3 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:42 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 # 146925000011 Account Parcel Owner Mailing Address R6064186 146925104001 DEHERRERA TOMMY 1736 MARY AVE WATTENBURG, CO 806217819 R6064286 146925104002 MARTINEZ SUSAN M 1/2 INT R6064286 146925104002 VENEGAS FELPIA (1/4 INT) R6064286 146925104002 VENEGAS JOHN EDWARD JR (1/4 INT) 1952 EDWARDS ST WATTENBURG, CO 80621 R6064386 146925104003 JARAMILLO BENERANDA 7721 LOCUST ST COMMERCE CITY, CO 800221323 R6064486 146925104004 MORALES ERMALINA R6064486 146925104004 MORALES TOMAS JR 11531 EDWARD ST FORT LUPTON, CO 806217827 R6064586 146925104005 GARCIA GREG R 11551 EDWARD ST FORT LUPTON, CO 806217827 R6064786 146925104007 PINO MOSES 1973 CAROLINE AVE FORT LUPTON, CO 806217848 Parcels: 60 Owner Records: 91 Page 4 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:43 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 telp0112 Property Owners Within 500 ft of Parcel # 146925000011 Date Account Parcel Owner Mailing Address R6064886 146925104008 DEHERRERA RACHAEL R6064886 146925104008 DEHERRERA TOMMY 1736 MARY AVE WATTENBURG, CO 806217819 R6064986 146925104009 MORALES EMERLINDA R6064986 146925104009 MORALES THOMAS 11531 EDWARD ST FORT LUPTON, CO 806217827 R7459797 146925104010 GARCIA MIGUEL B R7459797 146925104010 GARCIA THERESA 1943 CAROLINE AVE FORT LUPTON, CO 806217848 R7459897 146925104011 GARCIA MIGUEL BEN 1943 CAROLINE AVE FORT LUPTON, CO 806217848 R6065086 146925105001 FLORES HECTOR MANUEL RODRIGUEZ 11510 EDWARD ST FORT LUPTON, CO 806217828 R6065386 146925105004 SIMON APRIL LYNN 16288 COUNTY ROAD 12 FORT LUPTON, CO 806218606 Parcels: 60 Owner Records: 91 Page 5 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:43 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 Ifioll Property Owners Within 500 ft of Parcel # 146925000011 Date Account Parcel Owner Mailing Address R6065586 146925105006 MECILLAS RAMONA R6065586 146925105006 MECILLAS FRED 1909 CAROLINE FORT LUPTON, CO 806217804 R6065786 146925105009 WARHOL JOSEPH W 11540 EDWARD ST FORT LUPTON, CO 806217828 R6065986 146925105011 PEREZ MARTHA ALICIA R6065986 146925105011 HERRERA JUAN M 1913 CAROLINE AVE FORT LUPTON, CO 806217804 R0118288 146925105012 ORTIZ ANGELA 1923 CAROLINE AVE FORT LUPTON, CO 806217804 R7963999 146925105014 PEREZ KENNETH L 11539 FREDERICK ST FORT LUPTON, CO 806217808 R6784934 146925105015 MECILLAS RAMONA M R6784934 146925105015 MECILLAS FRED V SR 1909 CAROLINE AVE FORT LUPTON, CO 806217804 Parcels: 60 Owner Records: 91 Page 6 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:43 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. Property Owners Within 500 ft of Parcel # 146925000011 Date Account Parcel Owner Mailing Address R6784935 146925105016 GARCIA JAIME ELIAS BORELLO 1795 MARY AVE FORT LUPTON, CO 806217841 R8948760 146925105037 PEREZ KENNETH LEE 11539 FREDERICK ST FORT LUPTON, CO 806217808 R6066086 146925106001 GALICIA MARCELLA R6066086 146925106001 GALICIA FRANK E 1924 CAROLINE AVE FORT LUPTON, CO 806217883 R6066186 146925106003 VENEGAS JOHN E PO BOX 321 FORT LUPTON, CO 806210321 R6066286 146925106004 BENAVIDEZ ELVIRA O R6066286 146925106004 BENAVIDEZ JOSE B 11609 FREDERICK ST FORT LUPTON, CO 806217809 R6066886 146925106010 TRI TOWN PROPERTIES LLC PO BOX 501 FREDERICK, CO 805300501 R6066986 146925106011 TRI TOWN PROPERTIES LLC PO BOX 501 FREDERICK, CO 805300501 Parcels: 60 Owner Records: 91 Page 7 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:43 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. 7/10//g Property Owners Within 500 ft of Parcel # 146925000011 Signature Date Account Parcel Owner Mailing Address R6068386 146925110002 DEHERRERA TOMMY 1736 MARY AVE WATTENBURG, CO 806217819 R6068786 146925110007 CHAVEZ ARTURO 1841 MARY AVE FORT LUPTON, CO 806217839 R6068886 146925110008 CHAVEZ ARTHUR 1841 MARY AVE FORT LUPTON, CO 806217839 R7194797 146925110012 DEHERRERA RACHAEL R7194797 146925110012 DEHERRERA TOMMY 1736 MARY AVE WATTENBURG, CO 806217819 R7194897 146925110013 GONZALEZ MARIA R7194897 146925110013 GONZALEZ SILVESTRE 1854 CAROLINE AVE FORT LUPTON, CO 806217803 M0162188 146925111001 NAVARRO JOHN 6850 MONACO ST COMMERCE CITY, CO 800222607 R6068986 146925111001 NAVARRO JOHN M 6850 MONACO ST COMMERCE CITY, CO 800222607 Parcels: 60 Owner Records: 91 Page 8 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:43 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. -7/10/18 Property Owners Within 500 ft of Parcel # 146925000011 Signature Date Account Parcel Owner Mailing Address R6069086 146925111002 MARTINEZ FLORENCE 1774 CAROLINE AVE FORT LUPTON, CO 806217850 M6069786 146925111010 FONTES FLORENCE C/O MARTINEZ FLOR 1770 CAROLINE AVE FORT LUPTON, CO 806217850 R6069686 146925111010 FONTES FLORENCE (MARTINEZ) C/O MARTINEZ FLOR 1774 CAROLINE AVE FORT LUPTON, CO 806217850 R6069886 146925111011 MARTINEZ ANGELA R6069886 146925111011 MARTINEZ JULIAN 11595 JULIUS ST WATTENBURG, CO 806217830 R6070786 146925114001 MOORE ANDREW CARNEGIE III 11604 JULIUS ST FORT LUPTON, CO 806217832 R6070886 146925114002 AUGUSTENBORG VICKI R6070886 146925114002 AUGUSTENBORG KENNETH GERALD PO BOX 534 FORT LUPTON, CO 806210534 R1022602 146925115002 HERNANDEZ ANDRES BENJAMIN JR 11523 CHRISTIAN ST FORT LUPTON, CO 806217805 Parcels: 60 Owner Records: 91 Page 9 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:43 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 # 146925000011 Account Parcel Owner Mailing Address R1022702 146925115003 GALICIA ANTONIE R1022702 146925115003 GALICIA RICHARD JR 11523 CHRISTIAN ST FORT LUPTON, CO 806217805 R6072186 146925116003 GIRON ORLINDA J R6072186 146925116003 GIRON ROBERT L 1653 CAROLINE AVE FORT LUPTON, CO 806217801 R6072286 146925116004 HERRERA JANET R6072286 146925116004 HERRERA JEANETT R6072286 146925116004 HERRERA LEOPOLD 1673 CAROLINE AVE FORT LUPTON, CO 806217801 R4213606 146925116006 ESPINOSA FAMILY TRUST (BN) R4213606 146925116006 ESPINOSA MARY ANN Parcels: 60 Owner Records: 91 Page 10 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:43 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 lilogsi Property Owners Within 500 ft of Parcel # 146925000011 Date • Account Parcel Owner Mailing Address R4213606 146925116006 ESPINOSA ANTHONY 11534 CHRISTAIN ST FORT LUPTON, CO 806217806 Parcels: 60 Owner Records: 91 Page 11 of 12 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/3/2018 9:39:43 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 7pop Property Owners Within 500 ft of Parcel # 146925000011 • Date Parcels: 60 Owner Records: 91 Page 12 of 12 RESOLUTION 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/a 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 NW -1/4 of Section 25, Township I 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, (/n KnPdd r ani ! ShrshniiIrl hen rRvnkAd - �r +..t ■. I W. W. I ry.' I■ W I vr' v I I W tin + +.n rr �r • r T 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: c : P M o/ Pt/ r ) LH( LL011, flR), A.) C £PI# -#S), r cGC}L'i n), c 6( '- -), orPPL 2018-1173 PL2518 RE: PROBABLE CAUSE HEARING, PC C18-0007, CONCERNING USE BY SPECIAL REVIEW PERMIT, U R17-0063 — DANIEL SHEPHERD PAGE 2 f 3. 1 he hours of operation are: Company Office: 6:00 am. 6:00 p.m., Monday —Friday, and Saturday 8:00 am. 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. 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: Warm) kid"; ok Weld County Clerk to the Board Sir f BY: fly Deputy Clerk to e Bo 1W APAST•R e! Count ' Attorney Date of signature: 65-/7-18 /• ��• l�if � / � �y Stave Moreno, Chai -AL rbara Kirkmeyert '. ro-Tens -n Mike Freeman can P. Conwaykit; etryoci Cj Julie A. Cozad 2018.1173 PL2518 1 PAGE OF IJUUUMLN INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. DEPAR I MEN 1O1` PLANNINU StliVittb 1555 N. 17" Avenue, Greeley. CO 80631 Email: kogiie@co.weld.co,us Phone: (970) 400-3628 Fax: (970) 304-6498 PROBABLE CAUSE MEMORANDUM P SC18-0007 To: From: Kim Ogle, Department of Planning Services Weld County Board of County Commissioners Hearing Date: April 16, 2018, Subject: Shepherd 'Enterprises Warehouse and Trucking Facility, U R17-0063 Hours of Operation, Fugitive Dust and Noise Complaints Owner: Rose Holdings, Inc, dba Shepherd Enterprises, do Daniel C. Shepherd 1931 Leona Avenue, Watten'berg. CO Legal Description: Lot B. RE -373 being part of the N2NW4 4 of Section 25, Township 1 North,, Range 67 West of the 6t, P.M., County of Weld, State of Colorado Location: Approximately 2600 feet east of County Road 23: South of and adjacent to County Road 8 and west of and adjacent to Leona Avenue (Wattenberg Townsite). Parcel Size: fie 10,0 acres Parcel Number: 1469-25-0-00-011 Zone District: 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 USR 1 i-0063 for Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a lee 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 USR1 T-00 3 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 UBR 17-0063 states The hours of operations are: Company Office: 6:00 a.m. 6:00 p.m., Monday - Friday and Saturday, and Saturday 8:0O a.m_ — 12:00 p.m. Dispatch Office: Two (2) employees, 6:0O a.m.=6:00p.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. —1 :00 p.m. Saturday Local and Oyer -the -road drivers: During regular Warehouse hours, with drop -oft in the westernmost eight (8) spaces only outside of Warehouse hours.'" Development Standard #12 of USR1Y-0063 states, "The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone district, as delineated In Section 25-1 -l0S, PCSC18a0007 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 Plana, 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 % 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, cio 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 permit. Regards Kim Ogle Planning Services PCSC 1 S-0007 Memo I Shepherd Enterprises Page 2 March 12, 2018 DEPARTMENT OF PLANNING ERVICE 1555 North 17th Avenue Greeley Colorado 80631 wmv,weldgov.00m kogle@weldgov.com Telephone: 970.400.3549 Mr. Daniel C. Shepherd 1771 County Road 23 Brighton, CO 80603 Subject: Potential noncompliance with U RI7-0063; 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 4 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 U RI7-0063. 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 U R 17-0063 Development Standards #1, 3, 12, '14 and 31 state: 1. The Site Specific Development Plan and Use by Special Review Permit, U RI7-0063, 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. The hours of operation are: Company Office: 6:00 a.m. — 6:0O 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 am. — 7:00 p.m., Monday a Friday, with no use of the three (3) most easterly loading docks after 5!O0 p_rn. 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.S14. 14. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air QualityCommission'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. (fie f, 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 I 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. CI, 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% al 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 90631 Email; knge@oo,welcLoosus Phone: (970) 400-3526 Fax: (970) 304;6498 March 12, 2018 Rose Holdings, Inc. dba Shepherd Enterprises do Daniel C. Shepherd 1931 Leona Avenue Brighton, CO 00603 Case Number: PC IR-DOO7 Legal Description: Lot B RE -373 being part of the N2NW4 of Section 25, Township I North, Range 67 West of the Gib 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 U RI7-0063 for Agricultural Service Establisiments primarily engaged in performing agricultural, animal husbandry or horticulturai 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 genera 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, 201$. The U R1I-0063 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 dehnis (dust) has left the site boundaries and become a nuisance for surrounding property owners. Development Standard #3 of U RI7-0083 states "The hours of operations are: Company Office: 6:00 a.m. - 6:+00 p.rn., Monday - Friday and Saturday, and Saturday 8:00 am - 12:00 p.m. Dispatch Office: Two (2) employees, 6:00 a,rn. - 5:00 elm., Saturday. and Sunday Warehouse: 7:0..0 am_ - 7:00 p.m. Monday - Friday, with no use of the three (3) most easterly'' cading decks after 5:00 p.m.; and 6:00 a.m. 12.00 p.m. Saturday Local and Over -the -read drivers: During regular Warehouse hours, with drop-off in the westernmost eight (8) spices only outside of Warehouse hour .pw Development Standard #12 of U W 7-0063 states, "The facility shall adhere to the maximum oermissible noise levels allowed in the Resld,entiac Zone district, as delineated in Section 25-12-103, C.R•84" 8? Development Standard #16 of U R17-0063 states "Fugitive dust should :at mpt to be confined on the property. Uses ion the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. The applicant shall comply with the approved Dust Abatement Plan.0 Planning staff has beer unable to verify the complaints levied against the property owner, Rose Holdings, Inc. dba Shepherd Lnterprises, cfio Daniel C. Shepherd to substantiate the potential violations, Mr_ Shepherd has provided statements received by email that he is complying with the current and use permit for 'ASRI 7.0063 permitted by Resolution without. the USR map being submitted for review,, approval and recording. P C 'I 8-0006 Letter I A -I Organics Page 1 Although Shepherd Enterprises has indicated that the noise generated from the property is ithin the permitted levels, that the blowing dust is not transient, and that tie hours of operation as agreed to itn a public hearing are being adhered to, the Department of Planning Services isrequesting the Board of County Commissioneers to listen to the evidence and make a determination of compliance with the current ,1 -snit 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 31v 018 llf it is determined at the public hearing that there is probable cause that you are not in (compliance with U R-17- 0063, the Board of County Coaimission►e!rs will schedule a Show Cause public hearing to consider revocation of tie Use by Spacial Review permit Please let me know if you have any questions. Regards, t 1 Ki� ale PI qninServices Hand Delivered a �_- �ateiv - by Date pesc18-0006 Letter A-11 Organics Page 2 addl.% 04/10/2018 Rose Holdings Inc. DBA: Shepherd Enterprises LTD 1931 Leona. Ave. Ft. fupton.,, Colorado 80621 Mailing address: P.O. Box , Ft. Lupton Colorado 80601 Tele. (303) 32321-8181 Fax (3O3J 1802 Kenneth and Daniela la Perez It is unfortunateghat the 2 parties that are aggressively a ing any means to y company closed are nei. er availabie for this meeting both p t' es h .v icting schedules on. "�s date. I picked re a weekday evening g so most everyone that is working can attend without taking away a weekend of � their ier� o 1 lives. However o' a er this meeting will stay on course for the 12th as planned + . there are another 43 invitations that went out to the surrounding community as wells and. I've already heard from other residents that are planning on cog. I will, extend the same invitation to you as I did for Tommy P el� I.er .m.. 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 eou n t had asked ix 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 eveorthing as soon as possible. v I will have another meeting in approx., 3 weeks that t will finalize our plans for the landscaping, as we it begin the landscape shortly folio -wing 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 o r rd to, hearing from you soon. Thank You an Shepherd 303-321-8181 Sent °venni t and certified mail on 04/10/201a and an - ' ditional copy hand delivered by my staff ` R FrFil r) APR 112018 Weld County PI'S icing Depart:nnew 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 Daniels Perez From: dan shepherd [ aiitc:dan@shepherdtd.com] Sent: r'1ondayr April 2 2018 7:35 AM To: Kim Ogle cko le@weldgov=corn> Cc: Eric en!Snar cel erns25@gmail.com> Subject: RE: Shep erd Trucking and Easter Sunday Good morning ITV We had ,absolutely no activity other than a driver carrying in and Jeaving his truck and going home There was nos.olutddy no activity as our warehouse is closed ip 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 ddre : R'.o. Box 8, Ft* Lupton Colorado 80601 Tele (303) 321-8181 Fax 3 3) 321-1802 04/02/201. Good Afternoon I weld like to hold a meeting with any and all concerned citizens in the township of Wittenberg regarding future landscaping projects at my arehouse property. I will bold the nnecting in the lunchroom in our warehouse at 1931 Leona Ave. on Thursday April 12th at 6 pant and will have refreshments for all I. have some swings ofpotential t al l an d sc ap g to present to any and all concerned, and. I welcome any and all ideas that anyone night have to improve the property. Thank You Dim Shepherd Rose Holdings. inc. !!) crira:rifFn APR 112018 wvelC LoUUIy Uti'JPtiniuo! GREE.LEY OFFICE From: dariiela bowies clot-iri ebo les@hotmail.com> Date: April 1, 2018 at 7:42:12 PM MDT To: "bkirkmeyer@weldgov.com" cbkirkmeyer@weIdgov.com>, "jcozad@weIdgov.com" cicozad@weldgov.com>, "smoreno@weldgov.com" csmoreno@weldgov.com>, "sconway@weldgov.com" <stonwav@weldgov.com>, mfreernari@weldgov.com cmfreeman@weld ov.com>, Tom Parko Jr. <tparke@weldgov.cem> 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,hut 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 mailrn:dan fhep ierdltd.cornj Sent: Friday, March 9, 2018 1:33 PM To: Kim Ogle < kogJe @w e I dga v.co m> Cc: Eric Wernsman <e erps25 mail.eom> Subject: Update Good Afternoon Kim ! 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 A mile up the road, so I know its loud in Wattenberg Please let me know if you have any questions Thank You and have a great weekend Dan Shepherd I From: Barbara Kirkmeyer Sent: Friday, March 09, 0Th 1:12 PM To: Tom Parko Jr. ctparko@weIdgov.com> Subject: Fwd: Shepherd Enterprise non compliance Have a great day Begin forwarded message: From: "Thomas Deherrera'u 'cleherrera79@gmaiL.corn> To: "Julie Cozad" cjrozad@weldgov.com>."Barbara Kirkme er" cbkIrkrme er@w eldgov.con.> Subject: Re: Shepherd Enterprise non iance This is Thomas 0eHerrera, 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 ft is dusting out rytraEers and the community, These pics were taken today. On Feb 26, 2012 9:59 PM, °" homas Deheerrera"" <tdeuerrerz79@gmaiJ.com>wrote: This is Thomas DeHerrera. I just wanted to [Morn you that,, Dan Shepherd is continuing to ruin 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 verb. bud if you would like to talk to tie people that live in the surrounding area of the business, they will be wilting to meet with you. If you have any questions feel free to contact me at (3O3B04-0119 Than k you for your attention to this matter. ' . a • I. v Its �Ar °-44? 2:ii-y Ater _ .ml, " `'• [ + _ ••,'e . . r Ili 2. � fir. a/... M. rr•, - 'r .i-.._1i r - r a • , — \ If «mss. - y • -.4� ,r _r 1�• .� .. Z. ♦ - IP• t 'psir r, '7.... r. • [ '.�- -. =a..�'� l _ • ' •. ti ♦ t 'fir tR } .� PY._ r rt • . YRY • • ♦ , ♦ e i Q 1. .' _ •`_. - s �ii� �` Vii. i - I, l i - :r. = A� 1• t ek The Sem 4•: -I k • E r r4. •- 4 -ra— • 1 , c • 'ale."' • i4Cr- • From: dan shepherd [r a ilto xda n@shenberdl�or] Sent: Wednesday, March 7, 2018 &O3 AM To: Kim Ogle <kogle weldgcv.com> Cc: Eric Wernsrnan cejwerris25 gm&I.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 aim. 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 so We also have the west entrance started and should finish in the next few day. ( put on hold because of the weather , wind etc... ) And I am doing the dirt work myself to make certain there is no dust problem with the neighbors Thank You Dan Shepherd Received 4. A 1.2010 r'l'QrT! T. Defierrelu fringes ges of March 9, 2018 Received 4 11 2018 From 7. DeHerr ra Images of March 9, 2018 Received 4.11.2018 iFrom! I De Herrera Images. of March 9 20118 C 0. Ca' wTh i Received 4.111.20 16 From T. D e H e rre r a images of March 6! 2018 Received 4.112010 From T. DeHerrera rrera Inage,s of March 8, 2018. Recew eci 4.11.2018 From T. DeHerrera finziges of March 8 2018 Received 4.11 2018 From T. DeHerrera Images of March 8, 2018 ReceNed 4.11.2016 From T. DeHerrera images es of March 8, 2018 Received 4.11.2018 From. I. L eHIatiara images of March 8120)1B ! a� I as war ram ;r Rezeived 411. 018 From T. DeHerrera Irrages of March 8, 2018 r n i Received 4.112018 From T Deler-era Images of March 6, 2O8 a •- a Receiver) 4,11.2018 From T. DeHerrera Images of March 8, 2018 Received 4.11_2018 From 1, DeHerrera Images of March 8, 2018 1, :`ter +, rot, dr" ,c‘ curl i(toN. pr6 m r. y p �erre f61 Received 4 11.2018 From T. DeHerrera Images of March 7, 2018 Received 41,.2018 From T DeHerrera Images at March 7„ 2018 Recehrsd 4 11.2018 From T. DeHerrera Images or March 1, 2018 Received 41112016 From T. De Herrera Images al March 7, 2018 Received 4.11 2018 From T, DeHerrrerra Images of Mann 7, 201 Received 411.2018 From T. DeHerrera Images of March 7, 2018 Received 4,11:2010 From la. D eH erre ra images of March 7., 2018 Received 4,11 .2018 From 1. DeHerrera Images of March 7, 2018 Received 4.11.2018 Foni7.DeHerr"ea Ilin ages of Mach 7„ 2)18 From: Dan Shepherd [rnailto:dan@shephardltd.com] Sent: Thursday, March 1) 2018 7:53 PM To: Eric Wernsman <e'werns25 gmai I1com>; Kim Ogle <kog wcldgov.com> 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 cdesireevan28@gmailpccm> Date; March 1, 2018 at 7:19:54 PM MST To: Dan Shepherd <cial@ih nh]nc ltai n,? 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 Notes. From: Tom Parlko Jr. Sent Wednesday, February 22, 2018 8:38 AM To: daniela bowlees cdanniebo les Frotr ail.coin Cc: rich° le Martin <mmartintPeldgov.com>; Bethany Pascoe <bpascoe@weldgov.com'; Esther Gesick <egesick@weidov.carrn>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com> Jthie Cozad cicozad@weldgov.com>; Steve iM orenc <smoreno@weld,ovsom>; Sean Conway <sconway weldgov.com>; Mike Freeman <mfreernan@weidov.com>; Kim Ogle <kogle@weldgov:com> Subject: RE: Shepherd U SIB Mrs. Perez, Good morning. If would like to talk to you about your concerns. I am available s afternoon if you have time. Alternatively, I would be happy to call you at your convenience. My office and mobile numbers are below. Sincerely, TomParka', eAe Director of Planning Services Weld County Dept. of . Planning Services 1555.7 r 17th Avenue Greeley, Ca. 80631 Office: .970-400-357 Mobile: 97G-302-5333 .r Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which k is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure, If you have received this corn munication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distributions or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is stritly prohibited. From: Tom Parka Jr. Sent: Tuesday, February 27, 20181035 AM To: Bruce Barker cbbarker@ireIdgov.com>; Bob C Cc: Min&le Mar -kin <mIrmau ini &idj ovhcorn>; Ki Subject: AM Shepherd USR oath <bcihoate@weldgov.com> ' Ogle <kogIa@waldgovacom> See below. Nottoo 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,a e axe not getting other tails or e $ iails 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 an sure at least one County C• ommiss on 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 C 's so his map hasn't been recorded. Torn Y Parkoo MA, Director of Plorm n.g Services Weld county Dept. of Manning Services 1555 IV .17th Avenue Greeley, Ca, 80631 Office: 970-400-3572 Mobile: 970-302-5333 Confidentiality Notice: This e lectronic transmission and any attached documents or other writings are intended only for the person or entity to whici it is addressed and may contain information that is privileged, confidential or otherwise pretested from disclosure., if you hove received this communication in error, p ease immediately notify sender by return e-mail and destroy the communication Any dis+ciesure, copying, cstri~ utiun 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 bi altto:danniebo les@hptr nil1cprn] Sent: Tuesday, February 27, 201810:12 AM To: Kim Ogle <l lq eldgovrcom> Cc: Michelle Martin<rrirriartin@weldiovicom>; Bethany Pascoe <bpascoe@weldgov.com>;Tom Perko Jr. ctparko@we1dgn%tcorrI>; Esther Gesick <e esick eldgov.com>; Barbara Kirkmeyer < kirkrneyer@eidgov.corra>; Julie Cozad cicozad@weidgovcom>; Steve Moreno <smoreno@weldgov.rcm>; Sean Conway <scon ay@wa&dgov com>; Mike Freeman <mfreernan@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 ho 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, Danlela Perez From: dan shepherd Crr .tpthri tepherdiltd,cow] Sent! Monday, February 26, 2018 10:29 Al l To: Kim Ogle ckogle@weldgovi*com> Cc: Eric Wernsma ri <eiwerns25@gma;licor> 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 OM 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 bowles [rrjjfto;danniebow1es@hotmai!.onh] Sent: Saturday, February 24, 2018 5:05 PM To: Kim Ogle <kogre@weldgovicom> Cc: Michelle Martin <r mortin@weIdgov.cor >► Bethany Pascoe <bQascoe@weiignv.com>; Tom Parko Jr. <tp irkoaw&I g, v.cor >; Esther Gesick <cgesick@weiggovrconi>; Barbara Kirkmeyer <bkirkrnever@weldgov,cor>b; Julie Cozad <jc-ozad@weIdgov.com>; Steve Moreno <snnoreno@weldggv.com>; Sean Conway cscon ay@weIdgov,coni>; Mike Freeman <mfreeman eldgpv=r > Subject: Re: Shepherd USR Hello again Everyone, It is Saturday afternoon/evening again,. It week later....sar a 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 BOCCI 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 cbkirl me e.r@reIdgpv1com> Date: February 18, 2018 at 7:12:50 AM MST To: Bruce Barker <bbariper@welcigpvrcQr > Cc: Michelle Martin < r-na rtin eldgovitnm>, Tom Parko Jr. ctparko@weldgov.com>, Julie Cozad <jcozad@weldgovrcarrm>, Steve Moreno<smarenn@welrigov.com>, Mike Freeman <mfreernan@weldgcvtorn> 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 gganniebo le � of nail.cum> Sent: Saturday, February 17, 2018 9:30 PM To: Kim Ogle Cc: Michelle Martin; Bethany Pascoe; Tom Park° Jr.; Esther Gesick; bkirkrn eeidgav _com; icazad@weldgovpcor; smoreno@welsov.com; s Llyey m; infreeirmeweldgovtcorn 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 From: Kim Ogle ckogle@weldgovfcam> Sent: Monday, February 12, 2018 20:28 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 bowies tnaiJtQ:darmiebqv4es@hatma?I.com] Sent: Friday, February 9, 20181:43 PM To: Kim Ogle <k LWaiweeirigsvicorn> Cc: Bethany Pascoe <bpascoe@welelgov.co>; Esther Gesick <e wick weld m tsar a; Michelle Martin cr martin weldgc _cpip; Tom Parka Jr. ctpari eldgov.cor >; Julie Cozad <jcozad@weldAovicom>; Barbara Kirkmeyer cbkirk e er@we:l.dgov,com>; Sean Conway <scon av@weIdgov.com>; Steve Moreno csmoreno weldgov.cum>; Mike Freeman <rnfreem an@weldgov.com> 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 From: da niela bowies [rnailto:clanniebowles@hctniail.corrij Sent; Thursday, February 1, 2018 12:39 PM To: Kim Ogle ckogIe. weIdgov_ om,> Subject: Shepherd UsR Hi Kim, I'd like to congratulate you on your win yesterday on behalf of Mr, hepherd'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, Dare iela From: Kim Ogle Sent: Thursday, February 1, 2018 3:49 PM To: 'daniera bowies"<danniebowleshotrnail.c m> Cc: Bethany Pascoe bpascoe@weldgov.corn>; Esther Gesick cegesick@weldgov.corn>r Michelle Vartin <mmartin@weldgov.cnrn>; Torn Parka Jr„ ctparko@weldgov.com> Subject: RE: Shepherd USR. Ms. Perez, The applicant is restricted to the foIlowing hours of operation' as app County Commissioners on January 31, 2018 roved by the Board of Company Office: 6:00 A— 6:00 P Monday through and including Friday, Saturday. 8:00? Noon Dispatch Office.: Reg;uliar office hours p Sunday us Two (z) e rn ployees 6:00A to 6:C0PSaturday and Warehouse: 7:00A — 7:OUP Monday through and including Friday with no use of the, th most easterly loading docks after S:OOP; Saturday 8:O0A — 12:0oon ree (3) 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 heading from area residents in deve@oping the visual mitigation plan with instal lation of the elements associated with the plan during the late spring early summer planting seasons The removal of the temporary screening adjacent to your property wHI 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 flat they may weigh in on when the Signed Resolution for this approved land use case may be availabie for pubic 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 ktogleOweldgovtcom. Kind regards, Kim Ogle Planning Services - l C3 Yen iiirct, q 2-0 re icat roryNer dro fccri FILE CONTAINS FOUR (4) FLASH DRIVES (VARIOUS VIDEOS) PLEASE SEE ORIGINAL FILE Tisa Juanicorena From: Sent: To: Cc: Subject: Please add to the Shepherd File. Thank you Kim Ogle Wednesday, July 18, 2018 8:47 PM Tisa Juanicorena Esther Gesick FW: meeting of 7/19/18 From: deherrerasl@netzero.net <deherrerasl@netzero.net> Sent: Thursday, July 12, 2018 9:36 PM To: Dan@shepherdltd.com Cc: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: meeting of 7/19/18 Dear Mr. Shepherd: I received your letter about the meeting you are holding on Thursday, July 19th at 6:00 p.m. I am a little upset that you decided to schedule the meeting on a Thursday, because at the last meeting you had, I informed you that I have a prior commitment on Thursday's and to please not schedule your meeting on Thursday's. The commitment I have on Thursday's also includes 2 other people that attended your last meeting. I witness the gentleman that had us sign in write the dates that I was going to be on vacation and also the problem I have with Thursday's. I am also concerned that at least 3 households that live on Mary Ave right off of WCR 6, which are property owners did not get a notice of your meeting. At the last meeting, I offered you the mailing list the Wattenberg Improvement Association uses to mail their water bills to the property owners. At the last meeting, Ramona Mecillas and I offered you the use of the Community Building to hold your meeting. I will not be attending the meeting on July 19`h as I will not cancel my Thursday commitment that I have had for the last 13 years. I would appreciate it if you would forward all the information regarding the landscaping to me. Thank you for your attention to this matter Rachael DeHerrera Oncologists Soon to Be Out of Work? pro.naturalhealthresponse.com http://thirdpartyoffersnetzero.net/TGL3242/5b481e353d9ae1e354f8est01duc 1 Tisa Juanicorena From: Sent: To: Subject: Esther Gesick Thursday, July 19, 2018 12:47 PM Tisa Juanicorena FW: Shepherd Landscape Meeting From: Barbara Kirkmeyer Sent: Thursday, July 19, 2018 11:09 AM To: daniela bowies <danniebowles@hotmail.com>; Commissioners <COMMISSIONERS@co.weld.co.us>; Tom Parko Jr. <tparko@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: Re: Shepherd Landscape Meeting Me Perez I am asking the Clerk to the Board to make your email part of the public record Since this is related to a show cause hearing I am not able to respond to you. Thanks Barb Have a great day On Jul 19, 2018, at 9:29 AM, daniela bowies <danniebowles@hotmail.com>wrote: Good Morning Barb, I would like to bring to your attention, if you are not already aware, Mr. Shepherd sent out a letter last week that he is holding a meeting tonight July 19th 6pm at his warehouse regarding his required future landscaping project. My husband and I plan to attend, however, it seems a little late to just be getting around to this. The last hearing held before the BOCC, was April 16, 2018, and at that time Mr. Shepherd had specifically stated he planned to have a meeting with the residents of Wattenberg within 3 weeks of that date. This would have put that meeting on or around early May. Now that the show/cause hearing is next week (July 25, 2018), he suddenly is trying to show he is up on things and complying with the BOCC requirements. This is approximately 2 and a half months later than he had indicated. I'm sending this email out to you to keep it fresh in your mind the lengthy time and obvious unimportance of being compliance is to Mr. Shepherd, and how the residents of Wattenberg have to live while he drags his feet. Thank you, Daniela Perez 1 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 finalize 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 Cru S. O m rR 0 In O, d .a m O C r9 O U.S. Postal Service'" CERTIFIED MAIL"' RECEIPT Domestic Mail Only For delivery information, visit our website at www ticns.com"' Pt -FP IVITA Certified Mail Fee tra Services & Fees (check box, add fee al ❑ Return Receipt (hardcopy) $ Y Return Receipt (electronic) $ Certified Mail Restricted Delivery $ 31 O Adult Signature Required $ Adult Signature Restricted Delivery $ Postage $ Total Postage and A I is ref APR 1P itel 8 P S Sent To Slreot and Apt7Go., or PdY'olKlo. City State, ZIP -I46 PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions April 5, 2018 Mr. Shepherd, We regret to inform you we will not be able to attend your meeting on April 12t11 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 Tisa Juanicorena From: Sent: To: Cc: Subject: Attachments: Kim Ogle Wednesday, July 18, 2018 4:38 PM Tisa Juanicorena Esther Gesick FW: shepard noise complaint 20180418 Noise Study.pdf; 20180504 Noise Study Shepherd Trucking.pdf; 20180523 Noise Study.pdf; 20180711 Noise Study.pdf CTB Team Please include these documents as part of the File. Thank you 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@weldgov.com From: James Taloumis Sent: Thursday, July 12, 2018 2:21 PM To: Lauren Light <Ilight@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: RE: shepard noise complaint Attached are all of the Shepherd Trucking noise readings that we have taken. Page 3 will have the average noise level over the time we were there. James Taloumis Environmental Health Specialist Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley jtaloumis@co.weld.co.us 970.400.2239 (office) 110 O 1 wtKrNa `3at PHAB •4 tst,,), �cn►o�` .cv • 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: Lauren Light Sent: Thursday, July 12, 2018 1:01 PM To: James Taloumis <jtaloumis@weldgov.com> Subject: shepard noise complaint Can you get information to Kim in planning regarding any readings done since January 31. 2018? He needs that for the hearing. Lauren Light, M.B.S. Program Manager/Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilight(c�weldgov.com 970-400-2211 (office) N M It sea *'_1 .+a•. No1- t 4, 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. 2 r'�1 1 1/"4 t DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue Greeley, CO 80631 www.weldhealth,org Health Administration Vital Records Tele: 970-304-6410 Fax: 970-3046412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education & Manning Tele: 970-304-6470 Fax: 970-304-6452 PublicHeaith Putryttil Proinoirr. PiQiect, Emergency Preparedness & Response Tele: 970-304-6420 Fax: 970-304-6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work, and play. NOISE MEASUREMENT EPORT Date: Time: Lail Property Description/Owner of Noise Source: Contact Name @ Noise Source: ern, Address of Noise iS ureic: City/Zip: 14k Weld County Road Location: Description of Reason for Noise Study: S 411 _ e bt) a e, Complainant's Name/Address (if available): Weather: Wind Speed: 1 Wind Direction: Sky/Clouds: f ' q rib (4.,'lY - - Prior to taking measurements with the Quest 2100 Sound Level Meter, that is calibrated with Quest Calibrator assure the following: Switch is on "PL" Switch Selector is on "50-120" Switch Selector is on "F" Switch Selector is on "A" Foam Windscreen is mounted on Microphone NOISE MEASUREMENT ORT A0 kioruto C: than 5 mph. se eat hat it PA wind E 2 ess. 5 Sound conditionsnot n and Calibrator Pvleter / 4 are not� Present, return g anlater to conduct study. the Is l Noise - Calibrator Generated Noi • ,,a Background aizpianes); Detenni -11 Noise L(attempt to Inp,tafter Study)y " ._ Tie ambient noise of traffic, seconds 1nngth separated bY 34 machinery, animals Reading (Highest): Reading (Highest): Average highest Background Reading: Taint of se Level: ne � (ISind'. TDeteimitalon _ .dual . i readings). nose level reading earh minute taor a minhnum of` I.5 minutes Calibrator Signal , ! 1 i • r' - °Calibn Certification Meter Reading with Calibrator S4x_. ■ _ �"�L.l�ate: nput (before (: • inures. me: #3• .Ti mm e : Reading (Highest): trig. Location: Location: Location: minuteperiod Set instrument on "Max" airplanes, a machine -- e(assure . '.I,J record eanimal nor ,ate no , maximuth nd' � �d - • #1: /me. P./ 3 #2: Time: #3: Times • )114: Time: hi Time:° flme: • Time. 1 - T"nc /4/ Tinie • I Th #13i Time: T}s r#.14 Time: Time: � Reading Wig,.3Readinatighest): t,�: Reacting Reading (Highest): Reacting (Highest): Reading (Highest). Reading (Highest): Reading (Highest): Readfr° (highest): Reading g (Iiighest): Reading �Ilagi�est): ReadinReading (Highest): R�adrn� Olighest): eestst): n ver one sounds gene a e • he person Location: (Ls' Location: Location ■ Location: Location: Location: Location Location: Location Location: Location Location,: Location: Le ovaq NOISE MEASUREMENT REPORT: PAGE 3 OF Highest Complaint Noise Reading : Average Complaint Noise Reading: 50O Correction* Reportable Noise Reading: ctc ruhqp � dB(a) dB(a) Ahmal (a) * Background noise may need to be corrected by subtracting or adding to the readings taken. Background noise should be subtracted when taking readings from a source and there is background noise not from the source property. If the difference is more than 10 dB(a) you can ignore the background noise. If change in sound level between source and background is less than 3 dB(a), the background noise is too high for accurate measurement. Use the following chart to subtract background noise: Difference between source noise and background noise dB(a) to subtract from noise reading 3 2 4 5 1,7 6 1.3 7 1 8 ! .' 9 .6 * Background noise should be added if a facility has two or more noise sources and both sources of noise need to be incorporated into the facility sound readings. Use the following chart to add background noise: Difference between source noise and background noise dB(a) to add to noise reading 1 3.0 2 2.5 2.1 3 L5 4 5 L2 6 1.0 s '7 0.8 8 0.6 9 0.5 Weld County` Code: Maximum Noise Levels-dB(a) Defined Area 240.0 Time: 0700-1900 2400 Time: 1900-0700 Residential or Commercial Area 55 50 Industrial or Construction Areas 80 75 Non -Specified Areas 55 _ _ 50 Agricultural Areas Exempt Exempt and Activities i Colorado Revised Statutes Maximum Noise Levels-dB(a) Defined 2400 Time: 0700-1900 2400 Time: 1900-0700 Area Residential Area 55 50 Commercial Office Areas 60 55 Light Industrial Areas 70 65 Heavy Industrial Areas 80 75 *Noise level adjustments are based on OSHA and WHO guidelines f©r background noise correction NOISE MEASUREMENT REPORT: T: PAGE 4 OF 5 DRAWING NOT TO SCALE OF AREA MEASURED (IDENTIFY FENCES, WALLS, BUILDINGS, PROPERTY LIKES, PARKED ED EHICLE , AND LOCATION OF NOISE METER AND LOCATIONS OF NOISE SOUSOURCES-ESTIMATED "FEET" OR "METERS" OR "MILES' INDICATE COMPASS POINTS AND WIND DIRECTION: iitep4terot -frUCh1,V swOrtk I Col* Nski reser �J NOISE MEASUREMENT UREMENT REPORT . PAGE 5 OF 5 fitfc a ost° yes ece Additional Readings: Time: dB(a): Time: dB(a): /1Ccf; 4711 ,C ic01-1 1-/c. 7C 1505 ' t- S (06 kg,l r 5 1 LH 7 /Ceog Lor *3 /sO9 W -c, i u3 . 8 �� ccii 39.E DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue Greeley, CO 80631 o13 wwwiweldhealth.org Health Administration Vital Records Tele: 970-304-6410 Fox: 970-304-64: 2 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6►411 Cammunicaffan, Education & Planning Tele: 970-304-6470 Fax: 970-304--6452 Public Hl Prevent. Prompt& niacin Emergency Preparedness IL Response Tele: 970-304-6420 Fax: 970-3O4-6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work, and play, NOISE MEASUREMENT REPORT ➢ Date: 57^.- dri Time: 2 cal Property Description/Owner of Noise Source: > Contact Name @ Noise Source: Address of o s Source / 3 City/Zip:&*M, . be- Weld County Road Location: herd ern Description of Reason for Noise Study: kW) a tie Pipict, Pei Complainant's Name/Address (if available): ncneb ,'13 4k'JerrX km/Jell/7 Perc z Weather: Wind Speed: Wind Direction: Al Sky/Clouds: f Prior to taking measurements with. the Quest 2100 Sound Level Meter, that is calibrated with Quest Calibrator assure the following: Switch is on "PL" Switch Selector is on "50-120" Switch Selector is on "F" Switch Selector is on. "A" Foam Windscreen is mounted on Microphone NOISE MEASUREMENT REPORT: PAGE 2 of 5 Prior to conducting a study, assure that it is not raining and snowing and the wind is less than 5 mph. If these weather conditions are not present, return later to conduct study. Sound Meter SIN: f)/If jo0 19 Calibration Certification Date: Ste: Calibrator S/N: pgago g 3 Calibration Certification Date:. S " 3 - f Calibrator Generated Noise Level (Signal): 110 dB(a) Noise Meter Reading with Calibrator Signal Input (before Study): _ Noise Meter Reading with Calibrator Signal Input (after StudyrsT da(a) ic9,. `dB Background Noise Level (attempt to negate ambient noise of traffic, machinery, animals, airplanes); Determine this by taking 3 readings 15-30 seconds in length separated by 3-5 minutes. #1: Time: /6 0 3 Reading Hi hest : .3Location: Afrni #2: Time: f 6 O Reading(Highest): let Location: crcjgcA 43: Time: Reading (Highest): 11 3. 6 Location: Average highest Background Reading:9r. a g g g g �) Complaint Noise Level: Determine this by taking a noise level reading each minute for a minimum of 15 minutes (15 individual readings). Set instrument on "Max" setting so it will record the maxim= sound level over a one minute period of time (assure there are no confounding sounds such as vehicles, airplanes, animal noises, machinery, and sounds generated by the person performing the measurements: #1: Time: iS 11( _ #2: Time: #3: Time: / 1/ Time: ;-". if 5 #5: Time:5 iv'a #6: Time:/ tat 7 #7: Time: is /' ic #8: Time:Pc Li 9 #9: Time: #10: Time: 1 #11: Time: le #12: Time: ic #13: Time: #14: Time: / #15: Time c 2 gerriese-r-N, Reading (Highest): Reading (Highest): Reading (Highest): Reading Reading Reading Reading Reading Reading Reading Reading Reading Reading Reading Reading Cl,, 6...54: I 7 7 f.) (Highest); (Highest): (Highest); (Highest): � (Highest): (Highest): (Highest): (Highest): (Highest): (Highest): (Highest): (Highest): Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: 7-5/ P ' Peep, NOISE MEASUREMENT REPORT: PAGE 3 OF 5 Highest Complaint Noise Reading : e dB(a) Average Complaint Noise Reading: dB ( a) Correction* Reportable Noise Reading: 58'dB(a) *Background noise may need to be corrected by subtracting or adding to the readings taken. Background noise should be subtracted when taking readings from a source and there is background noise not from the source property. If the difference is more than 10 dB(a) you can ignore the background noise. If change in sound level between source and background is less than 3 dB(a), the background noise is too high for accurate measurement. Use the following chart to subtract background noise: Difference between source noise and background noise dB(a) reading to subtract from noise 3 3 4 2 5 1.7 6 1.3 7 1 8 .7 l 46 *Background noise should be added if a facility has two or more noise sources and both sources of noise need to be incorporated into the facility sound readings. Use the following chart to add background noise: Difference between noise and back: source wind noise dB(a) to add to noise readin i_ l 3.0 , 2.5 2.1 1.5 5 1.2 + 1.0 ' 0.8 S 0.6 9� 0,5 Weld County Code: Maximum Noise Levels-dB(a) Defined Area 2400 Time: 0700-1900 2400 Time: 1900-0700 Residential or Commercial Area 55 50 Industrial or Construction Areas 80 75 Non -Specified Areas 55 50 A icultural Areas and Activities Exem t Exem t Colorado Revised Statutes Maximum Noise Levels-dB(a 0700-1900 2400 1900-0700 Defined Area 2400 Time: Residential 55 50 55 Area Commercial Office Areas 60 Light Industrial Areas 70 fl Heavy Industrial Areas 80 75 *Noise level adjustments are based on OSHA and WHO guidelines for background noise correction. NOISE MEASUREMENT REPORT: PAGE 4 OF 55" DRAWING IN NOT TO SCALE OF AREA MEASURED (IDENTIFY FENCES, , WALLS, BUILDINGS, PROPERTY LIMES, PARKED ED EHI LE . AND LOCATION OF NOISE METER AND LOCATIONS OF NOISE SOURCES ---ESTIMATED "FEET" R "METERS" OR "MILES"; INDICATE COMPASS POINTS AND WIND DIRECTION: q2phtro, ‘k)A t-. --regdetIck 54- NOISE MEASUREMENT REPORT; PAGE 5 OF 5 Additional Readings: i aolve Not., '041861 is DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1 555 North 17th Avenue Greeley, CO 80b31 o� www.weidhealth.org Health Adrninistration Public Health & Vital Records Clinical Services Tele: 970-304-6410 Tele: 970-304-6420 Fax: 970-304-6412 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 97O -3O4-6452 Public Health Prevent ProruQte Prater[ Emergency Preparedness & Response Tele: 970-304-6420 Fax: 970-304-6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work, and play C Date: NOISE MEASUREMENT REPORT Time: (1/.'J 5 Property Description/Owner of Noise Source: Contact Name @ Noise Source: In Address ofNoise ouree: 1 131 LricAryt city/Zip: Min > Weld County Roa - Location: (;iq Description of Reason for Noise Study: lo � Leov,c{ out/ •mm Complainant's Name/Address (if available): Weather: Wind Speed: 6 Wind Direction: Mit Sky/Clouds: Prior to taking measurements with the Quest 2100 Sound Level Meter, that is calibrated with Quest Calibrator assure the following: Switch is on " PL" Switch Selector is on "50-120" Switch Selector is on "F" Switch Selector is on "A" Foam Windscreen is mounted on Microphone NOISE MEASUREMENT REPORT: PAGE 2 OF Prior to conducting a study, assure that it is not raining and snowing and the wind is less than 5 mph. If these weather conditions are not present, return later to conduct study. Sound Meter S/N: 8CRO:7167 Calibration Certification Date: Calibrator S : er,g2:043 Calibration Certification Date:: Calibrator Generated Noise Level (Signal): 110 dB(a) Noise Meter Reading with Calibrator Signal Input (before Study) : /0 9 c dB(a) Noise Meter Reading with Calibrator Signal Input (after Study): /0 9, dB(a) Background Noise Level (attempt to negate ambient noise of traffic, machinery, animals, airplanes); Determine this by taking 3 readings 15-30 seconds in length separated by 3-5 minutes. 41: Time: #2: Time: #3: Time: Reading (Highest): Reading (Highest): Reading (Highest): Average highest Background Reading: Complaint Noise Level: Determine this by taking a noise level reading each minute for a minimum of 15 minutes (15 individual readings). Location: -�r-thefen'c% St a4 Location: 6 NT__ Location: dB(a) Set instrument on "Max" setting so it will record the maximum sound level over a one minute period of time (assure there are no confounding sounds such as vehicles, airplanes, animal noises, machinery, and sounds generated by the person performing the measurements: #1: Time: #: Time: #3: Time: #4: Time: #5: Time: #6: Time: #7: Time: #8: Time: #9: Time: _0k i• #10: Time: 1C--- 411: Time: „94., e, #12: Time: #13: Time: #14: Time: #15 Time: I 1� A I Lit 71 117. 7 Reading (Highest): Reading Reading Reading Reading Reading Reading Reading Reading Reading (Highest): (Highest): (Highest): (Highest): (Highest): (Highest): (Highest): (Highest): (Highest): 541 5Ca if, o co a? sw Reading (Highest): 52. Reading. (Highest): 5 IA 3 Reading (Highest): 67,, O Reading {Highest}: _5 I tI Reading (Highest): 5 coi' j Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: M NOISE MEASUREMENT REPORT: PAGE 3 OF 5 Highest Complaint Noise Reading : dB(a) Average Complaint Noise Reading: 5-39_____________d13(a) 67> Correction* = Reportable Noise Reading: 51dB(a) *Background noise may need to be corrected by subtracting or adding to the readings taken. Background noise should be subtracted when taking readings from a source and there is background noise not from the source property. If the difference is more than 10 dB(a) you can ignore the background noise • If change in sound level between source and background is less than 3 dB(a), the background noise is too high for accurate measurement. Use the following chart to subtract background noise: Difference between source noise and background noise I dB(a) to subtract reading from noise 3 3 4 1,7 6 13 i 1 7 9 .6 *Background noise should be added if a facility has two or more noise sources and both sources of noise need to be incorporated into the facility sound readings. Use the following chart to add background noise: dB(a) to add to noise reading Difference between source noise and background noise 3.0 1 2.5 3 2.1 4 1.5 5 L2 1.0 6 7 0.8 8 0.6 0.5 Weld County Code: Maximum Noise Levels-dB(a) Defined Area 2400 Time: 0700-1900 2400 Time: 1900-0700 Residential or 55 50 Commercial Area Industrial or Construction Areas 80 75 Non -Specified Areas 55 50 Agricultural Areas and Activities Exempt Exempt Colorado Revised Statutes Maximum Noise LevelsadB(a) Defined Area 2400 Time: 0700-1900 2400 Time: 1900-0700 Residential Area 55 50 Commercial Office Areas 60 55 Light Industrial Areas 70 65 Heavy Industrial 75 Areas 80 *Noise level adjustments are based on OSHA and WHO guidelines For background noise correction. NOISE MEASUREMENT REPORT: PAGE 4 OF DRAWING NOT TO SCALE OF AREA MEASURED (IDENTIFY FENCES, WALLS, BUILDINGS, PROPERTY LINES, PARKED VEHICLES, AND LOCATION OF NOISE METER AND LOCATIONS OF NOISE SOURCES ---ESTIMATED "FEET" OR "METERS" OR "MILES"; INDICATE COMPASS POINTS AND WIND DIRECTION: T w 1 i vIck L tom m e., tt-3 afreAvick NOISE MEASUREMENT REPORT: PAGE 5 OF Additional Readings: Time: dB a Time: dB(a): 6_ (ft3 ct--- 5' 7,- - 4-61,1 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue Greeley, CO 80631 OO www.weldhealthsorg Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fox: 970-304-6411 Communication, Education & Planning Tele: 970-304-647 ► Fax: 970-304-6452 Public Health Prrvvili Fig e irriiM1 P ratOQi Emergency Preparedness 8. Response Tele: 970-304-6420 Fax: 970-304-6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work, and ptayr Date • NOISE MEASUREMENT REPORT itto Property Description/Owner of Noise Source: mc' a Contact Name @ Noise Sour e: Address of Noise S urce: I `` City/Zip: ". _ Weld County Road Location: Description of Reason for Noise Study: ebtrien r ➢ Complainant's Name/Address (if available): Weather: Wind Speed: Wind Direction: Sky/Clouds: 0 gm t`- - Prior to taking measurements with the Quest 2100 Sound Level Meter, that is calibrated with Quest Calibrator assure the following: Switch is on " PL" Switch Selector is on "50-120" Switch Selector is on "F" Switch Selector is on "A" Foam Windscreen is mounted on Microphone NOISE MEASUREMENT REPORT: PAGE 2 OF 5 Prior to conducting a study, assure that it is not raining and snowing and the wind is less than 5 mph. If these weather conditions are not present, return later to conduct study. Sound Meter : nisSogoo I Calibration Certification Date: 971,6 Calibrator Slit:. . " +O' Calibration Certification Date: 57/LA Calibrator Generated Noise Level (Signal): 110 dB(a) Noise Meter Reading with Calibrator Signal Input (before Study): y(qQ dB(a) Noise Meter Reading with Calibrator Signal Input (after Study): I sjo c113(a) Background Noise Level (attempt to negate ambientnoise of traffic, machinery, animals, airplanes); Determine this by taking 3 readings 15-30 seconds in length separated by 3-5 minutes. #1: Time: IL)3( Reading 1461 1 Location: #2: Time: 7) Reading (Highest): In Location: 43: Time: Reading (Highest): 45- " Location: Average highest Background Reading: Complaint Noise Level: Determine this by taking a noise level reading each minute for a minimum of 15 minutes (15 individual readings). dB(a) Set instrument on "Max" setting so it will record the maximum sound level over a one minute period of time (assure there are no confounding sounds such as vehicles, airplanes, animal noises, machinery, and sounds generated by the person performing the measurements: #1: Time: 144 #2: Time: / 43: Time: ! #4: Time: 45: Time: / /4 46: Time: / ) 7 #7: Time: #8: Time: N. ( #9: Time: /1?J `" #10: Time - #11 : Time: 4,ta„ #12: Time: #13: Time:/' #14: Time: _ ##1:Time: f Reading (Highest): c6.4,,, Reading (Highest): 5'1. Reading {Highest}; 59, � Reading Reading Reading Reading Reading Reading Reading Reading Reading Reading Reading Reading (Highest): K . r r (Highest): 0 (Highest): 3 � c7, (Highest): S7, 9. (Highest): 5 9, 14 6 (Highest): ir?, 7, (Highest): a (Highest): r, . T (Highest): '5`, 9 - (Highest): C 9, (Highest): 59. -, (Highest): P7, Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Location: Cr; C€: 7,5 tie O4-- Fcc-,P NOISE 1 IEASUICE ENT REPORT: T: PAGE 3 OF at Highest Complaint Noise Reading : dB(a) _ Average m laint Noise Reading: dB(a) Correction* ReportableReportableNoise Reading: 5ag 4 14 dB (a) *Background noise may need to be corrected by subtracting or adding to the readings taken. Background noise should be subtracted when taking readings from a source and there is background noise not from the source property. If the difference is more than 10 dB(a) you can ignore the background noise. If change in sound level between source and background is less than 3 dB(a), the background noise is too high for accurate measurement. Use the following chart to subtract background noise: Difference between noise and background source noise dB(a) to subtract from noise reading 3 3 4 2 5 1.7 6 L3 7 1 8 .7 _ 9 , *Background noise should be added if a facility has two or more noise sources and both sources of noise need to be incorporated into the facility sound readings. Use the following chart to add background noise: Difference between source noise and background noise dB(a) to add to noise reading 1 3.+0 2 2.5 3 2.1 1.5 5 l.1 1.0 7 0,8 8 04 9 0.5 Weld Count - Code: Maximum Noise Levels-dB(a) Defined Area ea � 2400 Time: 0� / 00-1900 f� �+'� j� 2400 Time: ■ 900-0700 or Commercial Area 55 Residential 50 Industrial or Construction Areas 80 75 Non -Specified Areas 50 55 A:ricultural Areas and Activities Exempt Exempt Colorado Revised Statutes Maximum Noise Levels-dB(a) Defined Area 2400 Time: 0700-1900 2400 Time: 1900-0700 Residential Area 55 50 Commercial Office Areas 60 55 Light Industrial Areas 70 65 Heavy Industrial Areas 80 75 *Noise level adjustments are based ml OSHA and WHO guidelines For background noise correction NOISE MEASUREMENT REPORT: PAGE 4 OF 5 DRAWING TOT TO SCALE OF AREA MEASURED (IDENTIFY FENCES. WALLS. BUILDINQS,9ROPERTY LINES. PARKED VEHICLES, AND LOCATION OF NOISE METER AND LOCATIONS OF NOISE SOUR+ E e....E TIM TED "FEET" OR "METERS" OR "MILES": INDICATE COMPASS POINTS AND WIND DIRECTION: Ct NOISE MEASUREMENT REPORT: PAGE 5 OF 5 Additional Readings: WM- 4 Vff • 1 I -020 --‘20/2 m RECEIVED JUL 2 4 2018 WELD COUNTY COMMISSIONERS 9041M14t? �a. u.,, tom. tiaL' , ...(� &jvlja,a6 7D �yfa (CO ca -34 cLi c2 Ate 04-fittk 5 dd •-e 2i7 / `4 cczJ - di -Loa -kg a tit' nil- 69-c, Q,921 7v, ohs_ 14k „c.,tt e� dziA0 a,JSe eariurtoi JAZ / TI Ltd 114,0 ,Aitta ze rigyy.u/L zt.J way 61-tizh lat Gt.ti LARitt ea-i‘ ehtt a jetiztkiiter7 taAcrit nn4Afelf dl(-1/Lar cp a-ua eaa..� �Z�,.�Qero� /✓ln. �p-(�91CtAl tie ,is�fg Atia tylk purttter Lat, Ada • neui,4/ct p_t4 \LI,A7 stase.,;_s„. TYiq1 0 I 1.2,0-1.4r -ft tya C CLERK TO THE BOARD 1150 0 STREET PO BOX 758 GREELEY CO 80632 CO 114 . E -w > goz Eau0171- es, ocnw, wz re: sO U JOHN VENEGAS PO BOX 321 FORT LUPTON, U TF ict 3C: 808 U.S. POSTAGE BOWES � '. ii PITNEY Mans ar i► 024Y0631 w000.378 0000335769JUL 12 2018 Jr< 1300 RETURN TO SENDER Nf1T fFl TVFRAR. F AS Afif P UNABLE TO OR SSrn R 80632075858 *0220-04186-13-43 0007/19/18 RECEIVED JUL 232018 NOTICE WELD COUNTY COMMISSIONERS Pursuant to the zoning laws of the State of Colorado and the Weld County Code. a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado. Weld County Administration Building, 1150 O Street. Assembly Room. Greeley. Colorado 80631. at the time specified. If a court reporter is desired. please advise the Clerk to the Board, in writing. at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act. if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225. prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners. Weld County Administration Building. 1150 O Street. Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@weldgov.com. DOCKET #: 2018-65 DATE: July 25. 2018 TIME: 10:00 a.m. APPLICANT: Rose Holdings. Inc., dba Shepherd Enterprises. c/o Daniel Shepherd 1931 Leona Avenue, Fort Lupton, CO 80621 P.O. Box 8. Fort Lupton. CO 80621 REQUEST: Hearing.. PCSC18-0007, to show whether good cause exists for revocation of 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 LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -373: being part of the N1/2 NW1/4 of Section 25. Township I North. Range 67 West of the 6th P.M.. Weld County, Colorado ISSUE: Whether or not the Permit holder is in compliance with the following: 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 12:00pm. 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 9, 2018 PUBLISHED: July 12. 2018, in the Greeley Tribune Hello