HomeMy WebLinkAbout20180289.tiffHEARING CERTIFICATION
DOCKET NO. 2018-07
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND 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 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 (AGRICULTURAL) ZONE DISTRICT - DANIEL SHEPHERD
A public hearing was conducted on January 31, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
Health Department representative, James Taloumis
The following business was transacted:
I hereby certify that pursuant to a notice dated December 28, 2017, and duly published
January 2, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Daniel Shepherd, for a Site Specific Development Plan and 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 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 (Agricultural)
Zone District. Bob Choate, Assistant County Attorney, made this a matter of record.
Chair Moreno stated there will be a break for lunch due to appointments.
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Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the site location in relation to relevant County roads and within the three (3) mile referral
area of the Cities of Fort Lupton and Brighton, and Adams County. He stated the site is near the
Township of Wattenburg and he described the adjacent land uses and nearest residences. Mr.
Ogle stated staff received a string of email correspondence regarding concerns to include
business operations, long hours of operation, and noise. He reported there is a stipulated
agreement for this business, as approved by the Board. He referenced 18 items submitted as a
part of this case file by neighbors and interested parties to include videos and photos. Mr. Ogle
described the on -site improvement as a one greater than 25,000 -square -foot, one-story, metal
building which has an office, warehouse, and a cooler for food storage. He stated the building and
land is the basis for Shepherd Enterprises, a produce, meat and dairy distribution company with
over -the -road (OTR) drivers typically gone for three (3) days or more to make deliveries. He stated
Mr. Shepherd has 26 full-time employees and ten (10) OTR truck drivers. The building has been
in existence since 1968, was expanded in 1974, and has historically been used for area packaging
and preparing good items for shipment to market by use of delivery trucks. Mr. Ogle explained the
current use is the same but higher in intensity. He reviewed the daily operations and requirements.
He reported the applicant held a community meeting with 20 people attending and citing concerns
with noise, dust, hours of operation, back-up alarms, and a humming sound at night. At this
meeting, Mr. Ogle stated the applicant also suggested he could help with a toy drive, canned food
drive, and expressed a desire to be part of the community. He stated this application is the result
of a zoning violation due to having a large trucking business without the proper permits and he
reviewed the results should the case be approved or denied. He reported staff sent out 18 referrals
and received eight (8) responses with comments and he entered the favorable recommendation
of the Planning Commission on a vote of 6-2. Mr. Ogle displayed images of the site to include
plans for visual mitigation, signage, surrounding views, improved parking area, loading dock and
cooler, and interior photos of warehouse.
Ci Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating there is an existing access on County Road (CR) 6,
and the applicant has worked with Public Works to find a better location for the access. He
reviewed the latest average daily traffic counts to include truck percentages. Mr. Pinkham
reviewed the traffic study which indicated 178 total trips per day to the site and also provided the
traffic routes. He stated based on this information, a tracking control device and an Improvements
Agreement wi!l be required. In response to Commissioner Cozad, Mr. Pinkham stated the
applicant is proposing to move the access west of Leone Avenue and Public Works is in
agreement with this new access location.
Hayley Balzano, Public Works Engineer representative, stated the applicant's engineer
submitted a drainage narrative stating they meet exception #1.A.8 because the use does not
increase the imperviousness of the site. She mentioned due to the change of access, the applicant
will be reclaiming a gravel area to balance out the changes in imperviousness. The site is
encumbered by the Zone AE Flood Plain — the South Platte River, and there is no development
proposed within the floodplain, but the applicant is required to show the floodplain on the map.
She reviewed the typical Conditions and Development Standards related to Engineering.
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Ff Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating there is an existing septic system on the site that is not permitted and Condition
of Approval (COA) #1.6 requires an Engineer evaluation of the system in conjunction with an
application for a commercial septic permit and the applicant can either bring the existing system
up to code or install a new one. She mentioned that portable toilets can be used for employees
on -site for two (2) hours or less per day. Ms. Light stated an individual well provides water and
the original well permit has been changed and allows for drinking and sanitary facilities inside the
structure only; no other outside use is allowed. She clarified there is a Condition of Approval
requiring the applicant to provide evidence of an appropriately permitted well and they have met
that requirement. She explained there is a Development Standard that requires adherence to the
State primary drinking regulations if more than 25 people use that well on a daily basis which
would require chlorination and a certified operator. She reported there will be minor maintenance,
washing of vehicles, and fuel storage on the site and she reviewed the associated Conditions of
Approval (COA) and Development Standards (DS). Ms. Light reviewed the noise restriction to the
Commercial Zone District and stated DS #10-21 address typical Environmental Health items.
el Dan Shepherd, applicant, and Eric Wernsman, consultant for Mr. Shepherd, introduced
themselves. M. Shepherd presented his 29 -year history of being a driver and later operating a
food service distribution company. He stated he currently has around 50 trucks that are on the
road most of the time, 65 employees, and 250 food service customers. He explained the reasons
for moving the business to Weld County and described the current location as ideal due to its
history of food distribution. Mr. Shepherd stated he had no idea he needed a special permit due
to the historic use of the property and the prior owners did not say anything special needed to be
turned in other than water permits. He explained in more detail the current operation with
deliveries to 48 states, the tight restrictions of the food industry, steaming out the trailers, strict
schedules for truck loading to make deliveries work, limited maintenance, and new trucks due to
new emissions which are quieter. He mentioned his trucks now have no flashing lights or back up
alarms, due to the neighbors' complaints, and he also had a noise study performed on the busiest
day and the results showed there is more noise from Highway 6 than from his property. Mr.
Shepherd asserted he is trying to be a good neighbor and that he lives close by and he explained
he purchased a big water tank to water for dust mitigation and that he is willing to use magnesium
chloride if that would help. He mentioned changing the access point to minimize traffic through
Wattenburg, minimizing hours of access, and adding a berm and landscaping to screen the view
and make the property look nicer. He also explained that upon approval, he can replace the
electrical box which will allow the cooler to operate and will eliminate the noise of the trucks
keeping things cool and he plans to put in asphalt and more rock to cut down on dust. Mr.
Shepherd stated he received letters of support as well as objection and that he donates to the
churches and families of Wattenburg and employs people from Wattenburg and surrounding
areas.
In response to Commissioner Conway, Mr. Shepherd stated mitigation for noise, lights,
screening and landscaping were all a result from the community meeting. In further response, Mr.
Wernsman explained the noise study and stated the highest reading came from Highway 6. In
response to Commissioner Kirkmeyer, Mr. Shepherd stated the berms will be two feet in height
and will use Austrian Pines to assist with noise reductions.
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• Chair Moreno opened the hearing to public comment.
Daniela Perez, surrounding property owner (SPO), stated this business has been a source
of anxiety, worry, aggravation, and health issues since it moved in. She referenced her email
correspondence to various County employees and stated it is not true that the use is the same as
the prior owners, as the number of trucks per week has increased from 20 to 177. She shared her
Department of Transportation research regarding the applicant and clarified it is a trucking
company not an agricultural use. She expressed her frustration that this use is adjacent to, and
less than 100 feet from, her home and she requested protection for her quality of life. Ms. Perez
described the constant humming that can be equated to torture and stated this use is not
compatible with the adjacent residential neighborhood. In response to Chair Moreno, Ms. Perez
stated she has had conversations with the applicant at the meetings and the main discussion was
related to food drives and toy donations for Christmas. She stated she wants to be able to live
peacefully in her home and asserted if she did not have a loan on her new home being built she
would have moved and now she feels embarrassed to show anyone her new home due to the
close proximity of this use. In response to Commissioner Cozad, Ms. Perez stated she hardly
noticed the prior business and now with the constant noise and lights shining into their property,
it is impossible to have the windows open. She clarified she is not asking for Mr. Shepherd to go
out of business but to put his business somewhere else. Kenny Perez, her husband, interjected
that he works in construction and he has to get permits and be aware of the requirements and, in
reference to the violation, Mr. Shepherd should be held to that same standard instead of allowing
him to ask for forgiveness after the fact.
• In response to Commissioner Conway, Mr. and Mrs. Perez stated they did attend the
community meeting.
Chair Moreno recessed the hearing at 11:48 a.m. with the intent to return at 1:15 p.m.
• Chair Moreno reconvened the hearing at 1:20 p.m.
• Kenny Perez, SPO, pointed out his house on the map and stated it is about 100 feet from
the loading dock. He explained the close proximity is unacceptable due to the trucks, noise,
pollution, and dust issues it has created. He explained the family history of Wattenburg and stated
there is no buffer zone and this business is too close in proximity to the established neighborhood.
He expressed his frustration with the constant noise, visual impact, and dust that he now comes
home to everyday. He explained that he knew the prior owner and that business was hardy
noticeable compared to the magnitude of the current business. He asked how something like this
can happen without even thinking about the community and how the residents in close proximity
would be affected. Mr. Perez provided videos to exemplify the noise, lights, dust, and after-hours
operations. He emphasized that Mr. Shepherd's reasons for moving to Wattenburg were based
on the environment in Commerce City worsening, and he stated now Mr. Shepherd's business
has negatively changed the environment for this neighborhood.
• In response to Commissioner Cozad, Mr. Perez contrasted the prior business to the current
business to include volume, hours of operation, and overall magnitude. He stated he does not
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want to be forced out of his new house that he has not even lived in yet but no one would want to
live next to this trucking company.
• In response to Commissioner Kirkmeyer, Mr. Perez stated the prior business seemed
non-existent in comparison. He stated the docks were empty, there was no noise in the middle of
the night, and there was very little, if any, forklift activity.
• Tommy DeHerrera, Sr., SPO, asked his wife, Rachael DeHerrera, to read his letter of
objection, which was submitted as Exhibit K, (Clerk's Note: Mr. DeHerrera also submitted photos
and videos for the record prior to the hearing that are catalogued as Exhibits E and H.)
e In response to Commissioner Conway, Mr. DeHerrera stated Mr. Shepherd tried to call to
set up a meeting. Mr. DeHerrera visited the site but was not feeling well and when he returned for
the scheduled visit, Mr. Shepherd was not there. In further response, Mr. DeHerrera stated he did
not have anything specific to discuss, he just wanted to see what Mr. Shepherd would say.
e Ms. DeHerrera read her letter for the record, submitted as Exhibit L. She requested mitigation
related to noise, dust, lights, hours of operation, and diesel fumes to better consider the members
of the community.
e In response to Commissioner Cozad, Ms. DeHerrera described the difference in the
relationship between the prior owner and Mr. Shepherd. She requested a change in the hours of
operation to normal business hours such as Monday through Friday, 7:00 a.m. to 5:00 p.m., and
she would consider limited Saturday hours but requested no hours on Sundays. She also
submitted the letter from their renter, Guillermo Torres, marked Exhibit M.
• Flor Martinez, SPO, stated she has been a resident for over 60 years and she cited concerns
with the constant noise level, even on Sundays, and with the door closed it can still be heard. She
also expressed her frustration with the dust that is inside her home and how she cannot open her
doors or windows and how she even found dust inside her refrigerator. She reported she has
never seen the water truck following the grader. Ms. Martinez also stated concerns with truck
traffic and she reiterated there was never any problems with the prior owners.
• Thomas DeHerrera, Jr., SPO, stated he owns a house that he rents out because he works
out of town. He expressed his frustration with the dust, truck traffic, semis running continuously,
and stated even after Mr. Shepherd knew about the concerns with the dust, he was dusting out
the neighborhood. Mr. Herrera stated there is no concern for the residents and no respect for the
community and seven (7) days a week is too much. In response to Chair Moreno, he stated he
could not go to the meeting. In response to Commissioner Conway, Mr. DeHerrera stated
Mr. Shepherd was grading on a Saturday.
e Mr. DeHerrera, Jr., read a letter from a long-time resident that could not be present due to
health issues, Thomas Morales, SPO, labeled Exhibit N. The letter stated he is a veteran who is
89 years old and has lived much longer than the warehouses and the yard, which were farmland
before that. He stated for many years, he has walked through the neighborhood for his health and
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he can no longer walk every day due to the diesel exhaust and dust and he is afraid it will make
him sick due to his age. He stated one day he went out for a walk and saw two (2) black dogs in
their yard that were brown from being covered by the dust. He stated it is a shame what is
happening to their town and that the people of Wattenburg are being treated badly. He concluded
by saying he has been in the hospital but is willing to talk with anyone.
Chair Moreno closed public input and Mr. Shepherd responded to the public comments and
began by addressing the noise of the aluminum ramps used for loading before and how he has
replaced them with steel ramps which are quieter. He responded to the comment about his DOT
classification. Mr. Shepherd explained the noise and dust generated by the gravel pits and other
uses in the area and it is not all from his use. He further testified that he used to deliver for the
prior owner who also worked on Saturdays. He reviewed his efforts at the community meeting to
ask what he could do to make it better and he stated he is open to suggestions regarding
landscaping if there are better trees to use. He shared there were a lot of people who contributed
suggestions at the community meeting. He clarified the units and trucks are off at night and the
truck pulling out at night on the video was because of the snow storm. Mr. Shepherd stated he
never has 60 trucks a day on his property and clarified he owns 60 trucks but they are not there
all at once. He expressed some frustration over the lights being on at night and stated they now
have a security guard monitoring the property because someone had come onto the property and
turned the lights on in one of his trucks. In regard to the trailers on the site, he clarified he placed
them in that location to show there is no access in that area any longer and he has moved the
access and the truck parking area. He stated he purchased forklifts from the prior business and
also clarified there is not activity 24 hours a day, nor at night. Mr. Shepherd stated he reached
out on four different occasions to Tommy DeHerrera and offered to show him around the property
and did not hear back from him. Mr. Shepherd stated he has been using the water truck because
the last thing he wants is to exacerbate the situation. He clarified he only grades to get the ruts
out of the lot when it has been muddy and he is willing to do whatever needs to be done. He also
clarified if this is approved, he will be purchasing new refrigeration units and the noise from the
diesel engine will be replaced by an electric motor. He asserted he spent weeks cleaning up the
property and doing things to make it better and he is willing to go to whatever extent is necessary
and is open to suggestions.
a In response to Chair Moreno, Mr. Shepherd stated the number of trucks that visit the site on
average per day as two or three over -the -road (OTR) trucks and six to eight local trucks. He
offered to taper current hours and requested to lengthen hours Monday through Friday to assist
with loading and also stated the importance of having someone in dispatch.
0 In response to Commissioner Conway, James Taloumis, Department of Public Health and
Environment, stated he has not done any noise readings at this location. He verified the
Residential noise limits as 55 dBA during the day and 50 dBA at night. In response to
Commissioner Conway, Mr. Shepherd stated he absolutely would comply. Mr. Taloumis explained
the method of measurement. In further response, Mr. Shepherd confirmed the dispatch person is
only in the office. In response to Commissioner Kirkmeyer, Mr. Ogle read the stipulated hours. In
further response, Mr. Shepherd explained the gates are closed at night and currently the OTR
drivers have tc park elsewhere, and if this is approved, he requested 24 -hour availability for OTR
drivers to be able to park the trucks in one of eight spaces next to the new access. Mr. Shepherd
stated that the new refrigeration equipment will provide a substantial noise reduction. He also
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stated to mitigate the dust, he will have a hundred feet of asphalt at the new access, then will add
bigger rock to the areas the trucks drive on, add berms and trees, and move the parking area and
change the traffic circulation on the site to eliminate dust.
e In response to Commissioner Cozad, Mr. Shepherd stated he has lived in the area for three
and a half years. He confirmed the site has two (2) wells with substantial water to care for the
landscaping. Chair Cozad reviewed the traffic study and requested clarification regarding the
vehicles coming and going. He explained his office staff may make up to four trips per day with
leaving for lunch. Mr. Wernsman interjected it is a combination of vehicles and they approximated
heavily. Mr. Shepherd also explained the compressors cannot be moved due to the layout of the
existing building, he cannot purchase them until he gets approval today, and then he can have
United Power update the electrical and he can install the new quieter units. Commissioner Cozad
continued reguding hours of operation on Sundays based on the public input. Mr. Shepherd
explained he reeds at least four (4) hours for loading trucks on Sundays. She reviewed the
residential noise standard with the applicant.
• In response to Commissioner Kirkmeyer, Mr. Ogle read the Stipulation Agreement for the
record.
e In response to Commissioner Kirkmeyer, Mr. Shepherd explained how he believes his use
is compatible and emphasized he is committed to taking measures to mitigate the concerns and
reaching out to the community by employing residents of Wattenburg and responding immediately
to concerns. Commissioner Kirkmeyer addressed the applicant regarding the trucks parked on
the north when the stipulated agreement requires they be parked on the west. Mr. Shepherd
stated he did not understand that requirement and has moved the trailers to the west side of the
property. She farther asserted that she lives in the area and has noticed the dust cloud. She stated
she is not sure he can afford the necessary mitigations. Commissioner Kirkmeyer questioned the
safety of the new access. Mr. Pinkham stated Public Works has reviewed the access and found
it to be acceptable. She also stated there are no hours for OTR drivers and she questioned the
loading dock hours.
O In response to Chair Moreno, Mr. Shepherd stated he has tried to be open and honest and
address everything and he stated for the record that he is willing to comply with everything.
In response to Commissioner Cozad, Mr. Wernsman stated Mr. Shepherd would be happy
to replace the lights with shielded and downcast lighting if this is approved. In response to
Commissioner Kirkmeyer, Mr. Shepherd stated the change in traffic routes is due to the new
access. Mr. Wernsman added Mr. Shepherd is trying to reroute traffic away from Wattenburg due
to public input. Mr. Pinkham stated Public Works is requiring an updated traffic study and asserted
that staff can stipulate haul routes in the Improvements Agreement. Mr. Shepherd added there is
a new Love's Truck Stop being constructed near Loveland that he plans to access for the main
fueling station which also supports the new haul routes.
el Commissioner Conway stated he is open to mitigating the Resolution.
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Commissioner Kirkmeyer interjected she would like to hear comments from the Board
concerning compatibility, because she is struggling with supporting this application based on lack
of compatibility.
e Commissioner Cozad agreed she is struggling with this one too based on the close proximity
to the neighborhood and residents with no buffer. She reiterated the prior business had a minimal
impact and this business has high volume and a violation and she agreed with the surrounding
property owner that stated it is the applicant's responsibility to know the rules. She further stated
if the applicant cannot agree to lessen the hours of operation to better fit the location then she
cannot agree to mitigate.
Ei Commissioner Kirkmeyer stated the applicant gave a very good presentation but Wattenburg
has been there for 100 years. She further stated she is not sure the applicant can reach the
Residential noise standards and moving forward may set the applicant up for failure.
• In resporse to Commissioner Conway, Commissioner Cozad stated the noise and hours of
operation are tie two items she cannot compromise on and if these mitigated hours do not fit the
applicant's business plan, she cannot move forward. She reminded the Board that they received
a lot of letters and emails from people who were not able to be present today.
e Chair Moreno expressed his concerns and agreement with the comments of his other
Commissioners. He stated the public input has put up a red flag for moving forward but he is
considering how it might be possible to move forward. He cited Section 22-2-20 regarding
Commercial and Industrial uses relocating to the Agricultural Zone District when the impact is
minimal but this impact is not minimal.
• Commissioner Freeman agreed regarding the big issues of noise and hours of operation and
he reiterated the applicant has already stated he will comply with the Residential noise standard
so that leaves the hours of operation to be discussed. He further questioned the number of
vehicles and, more specifically, the number of trucks. The Board, applicant and applicant's
representative discussed the number of vehicles and trips totaling 178 trips per day. In response
to Commissiorer Conway, Mr. Shepherd provided the numbers of each type of vehicle and the
number of trips. Mr. Pinkham interjected the traffic study utilized the trip generation manual to
provide an approximate number. In response to Commissioner Cozad, Mr. Pinkham stated the
stipulation of an Improvements Agreement to include triggers such as turn lanes or
deceleration/a ;celeration lanes but at this point with peak hour counts they are not close to a
trigger based on the traffic study. He clarified the applicant needs to submit an updated traffic
study with the change in haul routes and he stated there are improvements that are not based on
triggers of a specific trip generation but may be based on safety concerns.
le Regarding questions related to safety and speed limits, Mr. Ogle displayed a picture of the
site access with an eastbound speed limit sign of 45 miles per hour (mph) in close proximity to
the access.
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• Commissioner Conway stated he is willing to move forward. Commissioner Cozad stated
she is not going to work through the mitigation process if it is not going to be approved.
Commissioner Freeman stated he is willing to move forward. Chair Moreno stated he is not sure
with compatibility based on his earlier comments. Commissioner Cozad stated she is confused
regarding the notice and the legal description citing agricultural uses related to produce when the
applicant clearly stated it is more meat, dairy and produce with no sorting, packing or grading. In
response to Commissioner Kirkmeyer, Mr. Shepherd stated he is not sorting or grading and they
are doing some packing. Mr. Ogle clarified based on the code descriptions, this is the description
they had to use.
• Chair Moreno recessed the hearing at 3:34 p.m., for a five-minute break.
Chair Moreno reconvened the hearing at 3:45 p.m.
• Commissioner Conway began by discussing Development Standard #12. Commissioner
Cozad interjected her request to begin with the Conditions of Approval.
• Commissioner Cozad began with Condition of Approval (COA) #1.E by recommending an
updated traffic study be required. Regarding COA #1.F.5, she requested it be specified that the
"approved" landscaping/screening plan be shown on the map, and she asked if lighting has been
addressed regarding being shielded and downcast. Mr. ogle stated it has been addressed in
Development Standard #22. Commissioner Kirkmeyer suggested COA #1.A be changed to read,
"The applicant shall submit a Landscaping/Screening Plan to mitigate visual impacts to the
Department of Planning Services for review and approval after consultation with the area property
owners within the Wattenburg community. All parking areas, vehicle staging and loading areas
shall be screened with an opaque material from adjacent properties and public rights -of -way."
She further requested COA #1.F.5 specify the "...approved landscaping/screening..." per
Commissioner Cozad's initial request. Commissioner Cozad agreed. She further requested
clarification regarding the existing access on the east side of the property and whether it would
be closed. Mr. Pinkham verified it will be closed.
• Commissioner Cozad started the conversation regarding Development Standard (DS) #3 for
the hours of operation. After a lengthy discourse, the Board agreed to the following: Company
Office hours — 6:00 a.m. to 6:00 p.m. Monday through Friday, and Saturday 8:00 a.m. to
12:00 p.m.; Dispatch Office hours — two (2) employees 6:00 a.m. to 6:00 p.m., Saturday and
Sunday; Warehouse hours — 7:00 a.m. to 7:00 p.m., Monday through Friday, with no use of the
three (3) most easterly loading docks after 5:00 p.m., and 8:00 a.m. to 12:00 p.m. on Saturday;
for Local and OTR Truck Drivers — regular Warehouse hours, with drop-off in the westernmost
eight (8) spaces only outside of Warehouse hours.
• Commissioner Conway requested to change DS #12 regarding the noise limitation from the
Commercial Zone District to the Residential Zone District, as delineated in Section 25-12-103,
C.R.S.
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0 The Board discussed nuisances related to noise, odors and dust. They agreed to add a new
DS #14 to state, "The odor of diesel from idling trucks (not to exceed five (5) minutes) shall not
leave the property."And, to remove all but the first sentence on DS #15. On the original DS #14,
Commissioner Kirkmeyer added a sentence to read, "The applicant shall comply with the
approved Dust Abatement Plan." She further suggested adding an additional sentence to DS #22
to read, "No flashing lights are allowed on the site." Regarding DS #23, Commissioner Cozad
corrected it to add "...approved screening/landscaping...". Commissioner Kirkmeyer suggested a
new DS #13 to read, "There shall be no Jake brakes or back-up alarms utilized on the site."
El Chair Moreno reviewed the amendments to the resolution with the applicant. In response to
the applicant, Commissioner Cozad suggested having another community meeting to get input
on a landscaping and screening plan. Chair Moreno continued with the review.
0 In response to Chair Moreno, Mr. Shepherd indicated he has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
le Commissioner Cozad stated under finding 2.A.1 and 2.C, she suggested adding language
to state the use is being mitigated by reducing the hours of operation, and additional requirements
related to the community input regarding landscaping and screening, dust abatement, traffic,
lighting, and reduction of the noise standard.
01 Chair Moreno stated there are still many concerns with the neighbors and he is not quite
sure yet how the outcome will go but he encouraged the applicant to be a man of his word and
follow through with the mitigations.
Commissioner Conway moved to approve the request of Daniel Shepherd, for a Site Specific
Development Plan and 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
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 (Agricultural) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as amended and entered into the record. The motion was seconded by Commissioner
Freemen, who also stated he is supporting the application due to the tremendous amount of
Conditions and Development Standards and mitigations that have been added and he
encouraged the applicant to do the things that have been added and work with the neighbors.
Commissioner Cozad thanked the residents for being present and stated that although
Wattenburg is not in her district, she has been there with Commissioner Kirkmeyer and it is a
strong community. She clarified that it was a difficult decision for her today based on the prior use
and she is supporting the application because of the change to the residential noise standard and
to the hours of operation and she asserted that if it is not in compliance then it will be back in front
of the Board. She encouraged the applicant to listen to the input from the community.
Commissioner Kirkmeyer stated there are still a lot of concerns because it is right next door to
this very strong, tight -knit community and although they tried to mitigate, she stated she will not
2018-0289
PL2518
HEARING CERTIFICATION - DANIEL SHEPHERD (USR17-0063)
PAGE 11
be supporting the application. She also encouraged the applicant to do all that he said he would
do. Chair Moreno stated there are major concerns and for someone who has been in business a
long time, he stated he is disappointed that the applicant was not aware of the proper procedures.
He added the community will be watching very closely and he is hopeful that the applicant will
comply with the mitigations and if not, these neighbors will be letting the County know.
Commissioner Conway thanked the residents for staying all day and he stated their presence has
made an impact regarding what was added to the Resolution. He told the applicant that this gives
him an opportunity to engage, listen, and return calls and be involved. Chair Moreno called for a
roll call vote and it carried by a vote of 4-1, with Commissioner Kirkmeyer voting nay. There being
no further discussion, the hearing was completed at 4:55 p.m.
This Certification was approved on the 5th day of February, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST d.„itAddt) eik,
Weld County Clerk to the Board
BY: JC y,f1
Deputy Clerk to the Bo
APP R D1(31"
ounty ,orney
Steve Moreno, Chair
Sean P. Con .y
Date of signature: O.91.;
Julie
A. Cozad
Mike Freeman
2018-0289
PL2518
ATTENDANCE LIST
DATE: I-'27!-1cb
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