HomeMy WebLinkAbout20180288.tiffEXHIBIT INVENTORY CONTROL SHEET
Case USR17-0063 - DANIEL SHEPHERD
Exhibit Submitted By Description
A. Planning Commission Resolution of Recommendation
B. Planning Commission Summary of Hearing (Minutes dated 1/16/2018)
C. Planning Services PowerPoint Presentation
D. Guillermo Torres SPO Letter of Opposition dated 01/23/2018
SPO photos and thumb drive w videos dated
E. Tommy DeHerrera Sr. 01/23/2018
F. Planning Services Updated Site Layout 01/29/2018
G. Jennifer Guerra SPO Letter and photo 01/30/2018
H. Tommy DeHerrera Sr. SPO Videos 01/30/2018
SPO aerial photo w/ distance measurements
I. Daniella Perez 01/31/2018
J. Kenny Perez SPO Videos on thumb drive 01/31/2018
K. Tommy DeHerrera Letter in Opposition, read 01/31/2018
L. Rachel DeHerrera Letter in Opposition, read 01/31/2018
M. Guillermo Torres Letter in Opposition, read 01/31/2018
N. Thomas Morales Letter in Opposition, read 01/31/2018
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Public hearings concerning this property will be heard' before
the
County Planning, Commission and
Board of County Commissioners.
Both hearings MI.! be held at:
WELD COUNTY ADMINISTRATION BUILDING
1150 "0" Street • Greeley, CO 80631
Planning Commission Hearing will be held on
Board of County Commuss,ioner Hearing will be herd on
_ ti 414,*Case Number.
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'� ; FOR FURTHER INFORMATION PLEASE CONTACT 41011Prelp
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DEPARTMENT OF
PLAiNNiNG SER'V'ICES, AT 970-- b3 -61O0, exi
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A Site Specific Development Plan and Special Review
t�Ues�• Permit for Agricultural Service Establishments primarily
engaged in performing agricultural, animal husbandry or
— Ihonticultura�i 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 [p�arkFng,
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
umber: all s j Acres:
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Shepherd Enterprises Service Yard Looking east
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Shepherd Enterprises warehouse building Looking north at service bay
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Shepherd Enterprises warehouse building Looking north at loading bays
Shepherd Enterprises service yard, temporary screening, east property line
Shepherd Enterprises
P Main Warehouse
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Shepherd Enterprises
Main Warehouse
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January 20, 2018
To Whom It May Concern:
My name is Guillermo Torres and I live at 11522 Weld County Road #6. I have lived here with my wife for
15 years. My Son, my daughter-in-law, and three grandchildren also live with us.
I am writing to voice my concerns about Daniel Charles Shepherd and Rose Holdings, Inc. These
concerns seriously affect my family's health, safety and standard of living.
My first concern is the dust pollution and diesel fumes. I have a 13 year old granddaughter that suffers
from asthma and for the last three months she is unable to go outside for any length of time as the dust
and fumes exacerbate her asthma. Even short periods of time present a challenge for her breathing
comfortably. This was not the case before Daniel Shepherd and Rose Holdings, Inc. moved this business
into our area. The dust and diesel fumes are a result of all of the trucks running at a time, for long
periods of time, and the dust of the tractor/trailers constant movement.
The tractor dragging the dirt on the premises goes on for hours and hours with a tremendous amount of
dust. This happens at least once or twice a week, mostly on Saturday's and Sunday's.
The dust and fumes also keep us from being able to enjoy sitting outdoors in the evenings, have a BBQ,
hang out laundry to dry, or any other outdoor activity that we used to enjoy. Our quality of life is
drastically reduced and there is not one day a week that we have any peace.
Secondly, the noise from the constant movement of tractor/trailers at all hours of the day and night is
intolerable. It is difficult to enjoy a family evening or a good night's sleep with the constant noise from
the trucks. My son and I have full time jobs as professional painters and we require a good night's sleep
in order to provide for our family. This is seldom is possible under these circumstances.
The County Commission is my only recourse as a private citizen that I have to help rectify a problem that
is detrimental to my family, my home and my way of life. I am sincerely asking for help in this matter. I
thank you for your attention and considerations of my concerns.
Sincerely,
Guillermo rres
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JAN 23 2010
vgela County Planning Department
GREELEY OFFICE
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File contains Flash Drive,
received 1/23/2018, with
photos/videos of the subject
site taken by T. DeHerrera Sr.
(USR17-0063)
EXHIBIT E
Please See Original File
Esther Gesick
From:
Sent:
To:
Subject:
Attachments:
Kim Ogle
Monday, January 29, 2018 4:42 PM
Tisa Juanicorena; Esther Gesick
Emailing - site -PROPOSED VERSION2.pdf
site -PROPOSED VERSION2.pdf
Hello
This is the updated site layout plan for Dan Shepherd
Please make the drawing a part of the record.
Thank you
Kim
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DAN SHEPHERD
USR 17-xxxx MAP
1931 1,cona Avenue Ft. Lupton,
WELD COUNTY, COLORADO
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EXHIBIT
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JAN
302018
Weld County Planning Department
GREELEY OFFICE
File contains Flash Drive,
received 1/30/2018, with
videos of the subject site taken
by T. DeHerrera Sr.
(USR17-0063)
EXHIBIT H
Please See Original File
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
File contains Flash Drive,
received 1/31/2018, with
videos of the subject site taken
by Kenny Perez
(USR17-0063)
EXHIBIT J
Please See Original File
My name is Rachael DeHerrera and I am here today to read this on behalf
of my husband Tommy DeHerrera.
Dear Weld County Planning and Zoning commissions and Representatives:
I have lived in Wattenberg, Colorado for the past 60 years. Thank you for
providing me this opportunity today to speak with you.
I am here at the hearing today to share with you serious concerns and the
significant negative impact of the trucking operation of Daniel Charles
Shepherd and dose holdings is having on my life, my family's life and the
many citizens of Wattenberg.
As you are most likely aware, this business moved into the facilities at 1931
Leona Avenue in Wattenberg, Colorado in approximately late summer of
2017. Since his arrival, the impact of his business has been detrimental to
the people of the community. Finally complaints to the county resulted in
Mr. Shepherd signing a temporary agreement with the County attorney's
office in November to zdhere to specific methods of operation
immediately. Unfortunately, no residents were able to provide input into
the terms of this agreement.
That agreement included specific hours of business operations for the
trucks and vehicles coming and going. Per this agreement, he is able to
operate 7 days a week, from 10-15 hours per day. For proximity to a
residential area that was established long before his arrival, these hours are
already excessive in ow opinion. But, what makes this situation even
worse is that he is not adhering to the hours of the agreement. WE have
proof that the business continues to operate well outside of the hours on a
regular and ongoing basis with trucks and vehicles running and coming and
going in and out of the business at all hours of the night.
The noise pollution during the day time hours already has a negative impact
on our quality of life, Int now it affects our peace and sleep. Some of the
proposed solutions such as a tree row or a wall are not going to stop this
problem. The trucks are already parked on the other side of the warehouse
and we can still hear them as you heard in the video evidence. This
constant noise is truly a mental health concern for many of us. There is
never any peace and relief. As you watch the videos we sent about the
level of noise, please know that while it is pretty clear on the video, it
doesn't come close to representing what the noise level is actually like in
person.
Additionally, Mr. Shepherd continues to allude to the county staff that he
has talked to us about options for the concerns including noise mitigation,
but after of brief meeting all we talked about was a wall; about one of the
neighbors and he wanted to show me around his place of business, but I
was not feeling well and when I mentions about the noise, he became a
little upset and agreed to meet with me the following Monday at 10:00
a.m. at his office. My son and I went to his office the following Monday
morning, for our scheduled appointment and he never showed up. I left
my phone number and my son's phone number with his secretary to
reschedule our meeting. I am still waiting for that phone call to reschedule
the meeting.
The owner also agreed to take measures to limits such things as dust, light
and noise, clearly the noise continues to be a problem, but he has not made
any efforts to minimize dust in the area. Mr. Shepherd indicated to you on
January 16th that he waters his dirt before grading, but that is not true. We
have pictures and videos of dirt work happening on the business lot that
creates excessive dust for all nearby residents occurring 4 days following
that meeting. However, we have been exposed to this excessive dirt for
many months from daily movement in and out of the trucks and weekly
grading of the lots.
The dust and dirt from his business operations has affected our health. All
of us are seeing the impact of the additional dirt in our homes, as well as
our ability to enjoy the outside of our homes. We find it difficult to enjoy
outdoor activities such as letting our kids and grandkids paly outside; one
child with asthma has to stay indoors most of the time. Also an elderly
neighbor, an 89 year old distinguished veteran who has lived here for
longer that we have can no longer exercise and walk outside as he has done
for many years prior to their arrival. This is due to both the dust and
exhaust fumes we continually smell in the air.
The size of the business is not appropriate for the area in which it has
located. While the owner as asking for the operation of 60 trucks it would
add more noise, dirt and emissions pollution. There has always been a
business at this location, but never have we had to deal with this kind of
issues in the past.
We are extremely concerned that if this situation is not rectified and we are
forced to leave our long term homes due to this impossible situation, our
property values will be negatively impacted and we will be unable to afford
to move from this location. Quite frankly, that should not be a solution any
of us have to consider at this time.
As long term, contributing residents of Weld County and Wattenberg, we
n eed you to hear our concerns and take positive action to restore our
quality of life. If Mr. Shepherd has a need to run a 24/7 business operation,
it is not reasonable for him to stay in the current location. Actually, we
don't even believe that the current hours of operation are reasonable for
the area. There are other commercial locations in industrial parks, far from
private residence that he should be forced to consider. WE have a right to
time in our homes on the evenings and weekends without exposure to this
n oise, dirt and diesel fume pollution.
Thank you for taking the time to hear me today. I need your help as our
e lected representatives of Weld County. I have talked to a Deputy Sheriff
Officer and was advised that they cannot do anything even when we can
show he is violating the current terms of the agreement with the County.
While we understand the need for business operations to help Weld
County thrive, this business is inappropriately located for its current size
and operations and is violating the terms of the agreement. Please make a
decision of what is in the best interest of the Community of Wattenberg.
I leave you with a question, "how would you feel if the business we
described was across the street from your home and was having the impact
we described here on you and your family?"
Thank you again for your time and please call me anytime if you have
additional questions.
Sincerely
Tommy DeHerrera
303-667-1243
Special Note: I have sent the video and picture evidence I have accumulated
and referred to in the letter to Mr. Kim Ogle of the Weld County Planning
Department. Please request to review that information if you have not
already seen the materials I sent.
God Morning,
My name is Rachael DeHerrera; I am the owner of the property located next to
Mr. Shepherd's trucking company.
IF YOU ARE CONSIDERING GIVING MR. SHEPHERD HIS PERMIT, THIS IS WHAT 1
WOULD LIKE TO SEE REQUIRED OF MR. SHEPER
At the last meeting, Mr. Shepherd stated the following:
1. The noise is because he has not installed the refrigerators, I am willing to
bet that the Huge fans that run with the refrigerator systems will not be
much quieter. That he be required to do research to find something that
will not be loud and annoying, so that the residents can get a good night
sleep just like he and his employees do.
2. The Dust, he has a water truck following the tractor grader; there was not
one the last time he did the tractor grading at his property. That he does
the grading of his yard during the week during normal working hours and
not on the weekends when the residents are home trying to relax from a
weeklong of hard work.
3. He plans on planting trees along the fence facing Wattenberg to evaporate
the noise, diesel fumes and dust. He should be required to plant big
enough trees to alleviate the problem and not small ones that will take
years to grow.
4. MOST OF ALL THA HE NOT BE ALLOWED TO OPERATE HIS BUISNESS LONG
HOURS SEVEN DAY A WEEK. SHOW A LITTLE RESPECT TO THE RESIDENTS
OF WATTE(VBERG.
THESE ARE MY CONCERNS AND THE REASONS WHY YOU SHOULD NOT GIVE
MR. SHEPHERD HIS PERMIT:
• A USINESS THAT ,U. N 24 HOURS A AY AND SEVEN DAYS A WEEK
WITH NO RESPECT TO THE RESIDENTS OF THIS SMALL RESIDENTAL
COMM NIT ATTENBERG
❖ THE NOISE: The residents that live next to the business have not gotten
any peace and quietness since they opened. I am not talking about
quietness during the day; I am talking about late at night and in the wee
hours of the morning. The trucks come in at all hours of the day and
night. I cannot image how the residents can function in everyday life,
being woken up in the middle of the night, not being able to go back to
sleep and having to get up and be at work by 6:00 the next morning. I
personally live about three blocks from there and I can hear it. It is not
just a noise in the distance; it is very loud and clear.
+ THE DUST AND DIESEL FUMES: The residents cannot enjoy a nice
barbeque in their back yard, they cannot even sit outside and enjoy the
fresh air, and they cannot hang any laundry out to dry. They cannot
open their windows to let fresh air in their homes. Here again, I am not
talking about during the day during the week, this goes on all weekend
all day and all night.
❖ SAFETY OF THE COMMUNITY WITH ALL THE HEAVY SEMI TRUCK
TRAFFIC.
❖ THE VALUES OF OUR HOMES: We have already been told that the value
of our properties will drop drastically.
• HE HAS NOT SHOWN ANY RESPECT FOR THE RESIDENT OF
WATTENBERG
• IF WE ARE HAVING THESE MAJOR PROBLEMS NOW IN THE WINTER
MONTHS, I WOULD HATE TO SEE THE IMPACT CAUSED TO THE
COMMUNITY WHEN SUMMER COMES.
In closing, there would have been more people from the community, but
there is a funeral service going on for a member of the community as we
speak. 0 would like fir you to really consider the residents of the small
community of Wattenberg that have worked so very hard all their lives to
pay for their homes and not allow the pocket change of a company to
destroy this small quiet community that has been here for over 100 years.
Thank you for your time.
January 28, 2018
Dear Weld County Commissioners:
Please accept this letter in my absence for the hearing on January 31st. Unfortunately, neither myself
nor any other member of my family can get away from work today to be there in person.
We wish we could be there to personally demonstrate our concern with this situation. This is a serious
issue for our family and community and we hope that you will see that.
Thank you,
Guillermo Torres and Family
/
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January 28, 2018
Dear Commissioners:
My name is Thomas Morales. I am 89 years old, a veteran and a 70+ year resident of Wattenberg. I have
lived here much longer than the warehouse and yard that we are talking about today. It used to be
farm land.
Every day for many years of my life, I have walked back and forth from Edward Street to Leona Avenue
and Caroline Avenue for my health. Since this company has moved to this lot, I can no longer safely do
that.
When I go out to do my walk, I see a lot of dust and smell diesel exhaust. The dirt in the air is often so
bad, I know I have to go back home because at my age, I am afraid it will make me sick.
It was so bad one day when I tried to walk from my back yard to Leona Avenue, in the yard behind the
alley there were two large black dogs in their dog run. The dust from the grader was so bad that day,
the black dogs were actually brown because they were covered in so much dust from the air. I started
coughing too and had to go home again that day.
In all the years I have been walking, I have never encountered this problem.
Please help us to fix this problem. I cannot come today, as I am in the hospital/ but will talk to anyone
who would like to talk to me in person. It is a shame what is happening to us and this town. We are
being treated very badly.
Thank you,
it
Thomas Morales
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