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Home My WebLink About20180287.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant Dan Shepherd Case Number USR17-0063 Submitted or Prepared Prior to At Hearing Hearing 9, 2017 1 SPO D. Bowles E-mail of Opposition, dated November 2 SPO D. Bowles E-mail of Opposition, dated November 17, 2017 3 County Attorney response email to D. Bowles, dated November 26, 2017 4 SPO D. Bowles E-mail to County Attorney, dated November 30, 2017 5 County Attorney response email to D. Bowles, dated November 30, 2017 c 6 SPO D. Bowles E-mail to County Attorney, dated December 1, 2017 7 County Attorney response email to D. Bowles, dated December 0, 2017 SPO D. Bowles E-mail to County Attorney, dated December 7, 2017 89 SPO D. Bowles E-mail to County Attorney and Zoning Compliance, dated December 13, 2017 10 County Attorney response email to D. Bowles, dated December 21, 2017 11 SPO December D. Bowles 21, 2017 E-mail to County Attorney and Zoning Compliance, dated 12 County Attorney response email to D. Bowles, dated December 21, 2017 13 SPO T. Sailas E-mail of Opposition, dated January 4, 2018 X 14 SPO Trucking T. DeHerrera received submitted January Thumb 8, 2018 Drive of Videos taken of Shepherd 15 2017 SPO Letter in opposition received January 11, 2018 and Petition dated August 20-27, 16 SPO CO for T. DeHerrera Ringsby Terminals submitted Code Enforcement Citation Commerce City 17 SPO T. DeHerrera submitted 10 photographs of the Shepherd Enterprises Facility and without and surrounding date property, photo's are dated December 3, 2017 January 11, 2016 X 18 SPO T. DeHerrera email with 5 photographs, received 19 2 letters of Support, H. Rodriguez and R. Mecillas 20 History of Shepherd Enterprises 21 SPO K. and D. Perez — Multiple Photographs and Thumb drive 22 Letter from J. Guerra 23 Letter from F. Adame - 24 r Petition in Opposition submitted by R. DeHerrera 25 I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the schedued Planning Commissioners hearing. Kim Ogle! IT ,Planner From: Barbara Kirkmeyer cbkirknieyer@weld ov:com> Sent: Thursday, November 9, 2017 10:27 AM To: daniela bowies; Bruce Barker; Karin McDougal Cc: Julie Cozad; Mike Freeman; Sean Conway; Steve Moreno Subject: Re: Shepherd Trucking Zoning Violation Bruce or Karin Would you please assist Thanks Have a great day on Nov 9, 2017, at 10:16 AM, daniela bowies cdanniebowles@hotmaiLcoms cmailto:danniebowles hotmail.com> > wrote: Weld County Commissioners, I am sending this email in hope of some assistance with regards to a zoning violation by Shepherd Trucking first reported to the County on August 7, 2017. If you recall, a zoning violation was issued on August 9, 2017 with an emergency hearing set before you, the Board of Commissioners, on August 28, 2017. We had that hearing. My husband, Kenneth Perez and I were both present and spoke before you as well. In lieu of shutting down the operation it was decided to turn the case over to the County Attorney's office. Since that time, a "verified complaint" was evidently filed with the District Court on September 19, 2017. I am only aware of this after searching through "eperm itting" on Weld County's website. I have not been included with any updates on this case unless I inquire directly via email with Karin McDougal, the attorney involved in this case, with the response that I need to be patient. Nothing visibly has occurred with operation adjacent to our property that I can see. The business continues without any permits. This is becoming unacceptable to tolerate as this situation has been put upon my husband and I through no fault of our own. This has become a "job" for me that I never applied for. I have spoke with a private attorney and have clearly been advised that an injunction to stop the business could have and probably should have been issued by now being nearly mid November. Perhaps, Ms. McDougal or someone from that office is working on agreeing on some sort of stipulations regarding curtailing the operation, however, I am not aware of it nor have we been invited to lend any thought for a satisfactory remedy. We are asking you as our representatives to pursue some action in this matter. I appreciate your time in reviewing this matter. Thank you, Daniela and Kenneth Perez dannrt,e1bowles hots maiL.com<mailto:dlanniebowles@hctrnaii.corn> 303-990-5097 EXHIBIT LS 1't -cb013 Original Message ----- From: daniela bowies [ma lto:danniebo Ies@hotmail.com] Sent: Friday, November 17, 2017 8:41 AM To: Barbara Kirkmeyer <b .irl one e_r_ reld m>; Bruce Barker <bbarker@weldgov,con>; Karin McDougal <kmcdougal@weldgovcor > Cc: Julie Cozad jco�@weld ov.com>; Mike Freeman <rr freeran weldgov.iom>; Sean Conway <sconway@weldgov,com>; Steve Moreno <smoreno weldgoy.com> Subject; Re: Shepherd Trucking Zoning Violation it has been 8 days and nobody has assisted, responded, or showed any concern what so ever. The noise at this trucking operation has greatly increased recently. It goes on way after sunset, this includes past 9pm, and starts long before sunrise. It appears that it was Weld county's intent all along to not enforce their own zoning codes and approve this USR without consideration for residents who probably don't pay as much taxes that can be recovered from a business. I feel like an idiot that I thought the county would be concerned. I obviously have been wasting my time pursuing this violation, This type of business is simply not compatible with a residential neighborhood. Thank you to anybody that reads my email, Daniela Perez EXHIBIT Carl ros z From: Karin McDougal skin cic uga I (wel gov.com> Sent: Sunday, November 26, 2017 3:41 PM To: daniela bowies Subject: RE: Shepherd Trucking Zoning Violation Ms, Perez, I wanted to let you know that 1 have filed a Motion► for Default Judgment against Mr. Shepherd. It was filed on Wednesday before Thanksgiving. He has 21 days to answer the Motion for Default, He is also coming in on Monday to discuss a stipulation that would limit the activity on the property until the USR application process is completed. It will not likely stop the business completely, while the USR process proceeds, but will hopefully make the situation more tolerable until a final decision can be made by the Commissioners. If we do not come to an agreement we will likely have a hearing regarding the matter in District Court in either December or January, depending on the Court's availability. If we do come to an agreement than the Motion for Default will be withdrawn and replaced with the stipulation, I will touch base again on Tuesday. Thank you. Karin McDougal Assistant County Attorney Weld County Attorney's Office 1150 "0" Street Greeley, CO 80632 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. Original Message From: daniela bowies Mailto:d an i i i awles@hots ii.co ] Sent: Thursday, November 30, 2017 9:52 AM To: Karin McDougal <krnr cdp_u, at@weldgovrcom> Subject: Re: Shepherd Trucking Zoning Violation Good Morning, I was hoping to hear from you on Tuesday. Did the meeting occur on Monday with Mr. Shepherd? If so what if any stipulations were agreed upon? I have also had several neighbors approach me regarding this situation with concerns of how the county is letting this operation continue. These are people who live a couple blocks away and are complaining of the constant noise level. Please let me know of any updates or let me know if nothing has materialized. Thank you, Daniela Perez From: Karin McDougal <kmcrioug.ai@wel gov.com> Sent: Thursday, November 30, 2017 11:17 AM To: daniela bowies Subject: RE; Shepherd Trucking Zoning Violation Ms. Perez, I did meet with Mr. Shepherd and we did enter into a stipulation. This stipulation is meant to limit the o peration while the USR application process proceeds. It limits times of operation, parking area, back- u p alarms, and use of certain docks closest to the subdivision during later times of the evenings. It also directs him to limit noise, light, din and fumes. Mr. Shepherd also talked with our zoning compliance o fficer about limiting access to the West entrance so that the trucks would not be entering off the road by the subdivision. I have filed the stipulation with the Court and will send you a copy if and when the Court approves the stipulation. i expect the Court will approve it, but I don't know exactly when they will approve it. The stipulation does not shut down the operation. That will be up to the Board of County Commissioners if they decide to deny his USR application after the hearing. You should receive notice regarding both the Planning Commission hearing and the BOCC hearing once they are scheduled. I am not really involved in that part of the process, but it will likely be early next year. If you have neighbors that are also concerned about the operation, they should attend those meetings and voice their concerns at the meetings. Again, I will forward the stipulation once it has been approved by the Court, Karin McDougal Assistant County Attorney Weld County Attorney's Office 1150 "O" Street Greeley, CO 80632 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. EXIl 15 IT R ti otos Original Message - From: daniela bowies [mainto danniebowles@hotmail.comj Sent: Friday, December 01, 2017 10:19 AM To: Karin McDougal ckmcdou a!@� el ggvffcorn> Subject: Re: Shepherd Trucking Zoning Violation Ms. McDougal, Thank you for your response. May I ask you to share with me what the stipulations are. Specifically, the time the operation is limited to? What time docks closest to my home are limited to? Is this effective immediately or only after the court approves? For example this was going on last night well past 9:30pm. m . If I am not aware of what limitations there are, Weld county will not be aware if there is compliance as I'm sure nobody representing the County is going to come by and "police it" at night I look forward to your response. Thank you, Daniela EXHIBIT user, qJfr3 From: Karin McDougal <krrncd ug&l@weldgov corrn> Sent: Wednesday, December 6, 2017 11:07 AM To: daniela bowies Cc: Bethany Pascoe Subject: RE: Shepherd Trucking Zoning Violation Ms. Perez, I have attached the Stipulation and the Order approving the Stipulation that is signed by the District Court Judge, If you believe Mr. Shepherd violates this stipulation please let me or Bethany Pascoe know. If you have pictures or other evidence of the violation that would be helpful. I am also sending these documents to Mr. Shepherd today and will remind him that he is court order to comply. Thank you. Karin McDougal Assistant County Attorney Weld County Attorney's Office 1150 "0" Street Greeley, CO 80632 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying/ distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: daniela Bowles <danniebawles( _ h otmail.ccm> Sent: Thursday, December 7, 2017 2:49 PM To: Karin McDougal Subject: Re: Shepherd Trucking Zoning Violation Hello Ms. McDougal, I have a ton of pictures and video but they are from earlier, prior to this stipulation order. I assume you are referring to any new evidence after December 4th? Also, I read in the order he is not to park trucks on the floodplain. Just to bring your attention to it, there are several trucks parked there now. As you know, I don't agree that he is allowed to operate at all, however, I will let you or Bethany Pascoe know if I become aware of any violation. Thank you, Daniela Perez EXHIBIT Usari pws Original Message From: daniela bowies 'ma iItu:danniebowles@hotmaih.com] Sent: Wednesday, December 13, 2017 12:42 PM To: Karin McDougal <k c loin al@weldgov.co.nn2; Bethany Pascoe chpa.sycoe. weldgov.com> Subject: Re: Shepherd Trucking Zoning Violation Ms. McDougal, Ms. Pascoe, I am trying to determine the intent of the stipulations that have been put in place. Specifically it states "Respondents agree to limit trucks coming on to the property to the following hours: Monday through Thursday, hours will be 6:OOam until 7:00pm" and then continues withfurther specific hours/days of the week. Does this mean all activity other than a truck ENTERING the property is permitted after these various time frames other than the use of the 3 most eastern docks? For example last night 12/12/2017 at 9:28pm, which had started much earlier and continued for sometime after that, was quite a bit of activity noise of several running trucks/ forklift slamming noises, etc. Is this allowed per the stipulation agreement? I cannot see what exactly creates all of the noise as Mr. Shepherd has 5 to 6 trailers lined up to act as a fence along the property lines in an attempt to reduce noise. I spend alot of my time trying to write down, video, and document this activity but I am not sure if this is a violation of your agreement or not. And frankly I am sick of policing it. With that said, I am concerned if I don't bring attention to it now I could be asked later why I had not brought attention to it. Could somebody please clarify what the intent of the stipulations are? And if all night of activity, loading and unloading trucks,trucks running and moving about the property, as long as one does not "Enter" the property are permitted? I appreciate any insight you can provide with these stipulations. Thank you, Daniela Perez EXHIBIT war 11 pool From: Karin McDougal <krncdou al e1dgoyscof > Sent: Thursday, December 21, 2017 2:35 PM To: daniela bowies; Bethany Pascoe Subject: RE: Shepherd Trucking Zoning Violation Ms. Perez, It is difficult to regulate every activity he is doing on the property, but my interpretation of the stipulation is that he should not have trucks running on or entering the property after the times listed on the stipulation. There should not be loud commercial noises after the times listed. The hours of operation should be as listed and I would consider any major activity beyond those times to be a violation of the stipulation. Let me know if this does not provide the clarification that you are looking for. Karin McDougal Assistant County Attorney Weld County Attorney's Office 1150 "0" Street Greeley, CO 80632 970-400-4396 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. EXHIBIT Original Message ----- From: da niela bowies [r ailto:da.,nniebowles@hptrn:ail.com] Sent: Thursday, December 21, 2017 3:22 PM To: Karin McDougal ckmc to ugal@we.l ov.corn>; Bethany Pascoe <bpascoe@weidov.co > Subject: Re: Shepherd Trucking Zoning Violation Thank you. It does help clarify. Every night there is activity beyond the hours listed. I hear more activity after dark than what occurs during daylight hours. Granted, it does get dark early this time of the year, however, it is beyond the times of the stipulation, My phone does not record sound as well as my husbands but he has recorded some video for sound since this stipulation took effect and will continue to do so. It is evident, as I have said before, this business he has simply requires to operate at a nearly 24 hour basis. Should we forward any recording to you? Or is it something that should be provided at the two hearings that have been scheduled (Jan 16 with the planning dept. and Jan 31 with BOCC)? I know those hearings are regarding his USR request and not really geared toward the violation issue. But I could be wrong on that, Thank you again and Happy Holidays, Daniela Perez EXHIBIT -?;�, bOCO Original Message From: Karin McDougal Sent: Thursday, December 21, 2017 5:01 PM To: daniela bowies < is n 11 i•ebowles@hotmaildcom>; Bethany Pascoe cbpascoe@weldgov.com> Subject: RE: Shepherd Trucking Zoning Violation Yes, I think that you should focus on collecting that type of documentation for the hearings in front of the planning commission and BOCC. That is where the long term decision will happen and they are right around the corner. However, I will try to touch base with you next Thursday. I know the holidays may affect the situation but I will be interested in knowing if the activity continues to stay at the levels you have described. EXHIBIT )1 \pg.'s, ornn Kim Ogle From: Sent: To: Subject: ---Original Message ----- From: Barbara Sailas [mailto:bsailas@hotmail.com] Sent: Thursday, January 04, 2018 9:19 AM To: Karin McDougal ckmcdougal vieldgov.com> Subject: Case # 17CV30757 Division 4 Karin McDougal Thursday, January 4, 2018 9:34 Al l Kim Ogle; Bethany Pascoe FW: Case #170/30757 Division 4 Sent from Mail<https://go.microsoft.com/fwlink/?Linkld=550986> for Windows 10 To whom it may concern: From :Tony Sailas 1983 Caroline Ave Ft Lupton, CO. Watenburg) I live about 2 blocks over from this trucking Company, They have so much traffic in and out at all hours of the day and night and have their refers running all night long it makes it very hard to get restful sleep. Would like to file my complaint with this case. I rent my home and get section 8 so I can have a decent place to live. I would hate it if I had to find another home and have to move because of this. I'm sure some suitable terms can be met. 1 SPO TOMMY DEHERRERA SUBMITTED THUMB DRIVE VIDEOS OF SHEPHERD TRUCKING RECEIVED JANUARY 8, 2018 '071 Lin RECF ra. COMMENTS AND OBJECTIONS CASE # USRI7-0063 JAN 11 2018 VVe d County Pi,�s�1J�ii L.' p.:1i !di� GREELEY OFFICE We object to to the above referenced USR application for the following reasons. This involves a very large commercial trucking operation that is immediately adjacent to a established residential neighborhood, the township of Wattenberg, that was platted in 1909. This business moved in and started up operations in early August 2017 without any permits what so ever and it was reported as a violation to Weld County on August 7th, 2017. At the time, residents where subject to constant back up beepers, humming of refridgerated trucks, dust, slamming of forklifts, horns blowing, dust blowing, and a massive eyesore. Since that time, we still have constant humming of trucks, dust blowing, slamming of forklifts, and the massive eyesore. This type of business is NOT compatible up against a residential neighborhood. Per Weld County's "THE BASICS ofZONING" it states: "The primary purpose of zoning is to segregate uses that are thought to be incompatible. Zoning is used to prevent new development from interfering with existing residents and to preserve the Character of a community". This development IS INTERFERING with the existing residents. Weld Comity's Planning and Zoning Mission Statement is: To protect and enhance the quality of life for County residents through the implementation of the adopted Comprehensive plan, Weld County Code, and Building Codes while providing professsional, friendly and quality customer service to the community. - The Quality of life of Wattenberg's residents has not been enhanced nor has it been Protected. It has been shunned as though we are not important. As a matter fact enforcement of the code violation has been minimal and only finally reached to stipulations being put in place by the District Court after my personal constant inquiries with the deputy Attorney assigned to this matter as to why nothing was being pursued. The Zoning Compliance Mission statement as follows: - Zoning Compliance Mission Statement To ensure that land use and land development are consistent with adopted codes so that quality of life and property values are maintained for County residents, businesses and property owners through response to citizen concerns. It has been proven through research provided by REALTOR that commercial development of Industrial type has a negative effect on residential property values. We as citizens have shown Concern but to no avail. EXHIBIT Further it is stated in Weld County's Zoning Compliance website: Weld County Code Compliance staff has adopted the AACE (American Association of Code Enforcer en flCode of Ethics. sal will uphold the constitutional property rights of all citizens to ensure due process with fairness and consistency. 01 will seek to improve the quality of life within my jurisdiction by enforcing all laws in an exemplary manner. 0I will strive to inspire public confidence and trust in my profession by performing my duties with honor, integrity, truthfulness and fairness, el will carefully avoid conflicts of interest, or appearance of impropriety, and will not accept, nor offer, any form of gift for the performance of my duties. al will strive to be more knowledgeable of my profession through continuous training and education. .1 will not permit personal feelings, prejudices nor influences (political or otherwise) to interfere, prohibit or delay the process of enforcement. Our constitutional property rights as citizens have not been ensured due process with "fairness and consistency". (it has been over FIVE months we have had to endure this situation) Somebody within Weld County HAS delayed the process of enforcement (it appears purposefully waiting to approve the USR to be approved. We no longer have any sight of the West. My view out of my kitchen window is five large tractor trailers lined up as a so-called FENCE. (these trailers by -the way are in the floodplain are which are not allowed per the stipulations). Further objections include: if approved for the USR, how will hours of operation, stipulations be enforced? Who will do this and with what efficiency? The zoning compliance has proven it is NOT capable of doing so. As this has been allowed without permits for 5 plus months. — What if the business wants grow? It has already proved it is willing to go ahead with plans without proper permits. We are not so concerned about all of the particular components we see in the USR application to bring the Shepherd's property into compliance, WE ARE CONCERNED ABOUT OUR DAY TO DAY QUALITY OF LIFE AND THE CONSTITUTIONAL RIGHT TO DWELL PEACEFULLY IN OUR HOMES IN THE TOWNSHIP OF WATTENBERG COLORADO. IT IS UNBELIEVABLE TFIE COUNTY IS PERMITTING THIS TO CONTINUE and HAS FAILED TAE CITIZENS OF THIS COMMUNITY GOING ON NEARLY 6 MONTHS NOW. IT IS APPARENT THAT THERE WAS NEVER ANY INTENTION TO ENFORCE ITS OWN CODES OR THE PROTECT AND ENHANCE THE QUALITY OF LIFE FOR ITS CITZENS IN THIS RESIDENTIAL NEIGHBORHOOD. PETITION TO STOP AN UNZONED INDUSTRIALIZED TRUCKING COMPANY FROM OPERATING IN THE PLATTED TOWNSHIP OF WATTENBURG CO We the undersigned agree we do not want a commercial trucking operation in our backyards. This activity infringes on our rights to dwell peacefully in our established homes. 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Print Code Enforcement Case Page 1 of Code Enforcement Case: CE -17-377 Entered on: 12/06/2017 12:28 PM Printed on: (1117212018 Topic: Public Nuisance Due Date: 01/07118 Initiated by: CRM Hearing Date: Status: Open Assigned To: Kristin Gates Area #: Hearing Time: Permit Permit it: i Occupant Name: Address: 4201 E 52ND AVE , 80216 Phone: .LPN : 182318200025 Business name: Pro; erl. Location Cell #: License #: Owner in Prarr[ara►t, Owner Name: DONGARY INVESTMENTS LTD C/O RING SBA" TERMINALS Address: 1336 GLENARM PL #200 DENVER, CO 80204-2115 Phone: Cell # Action Complaint Actions Date Time NotelObseuat.ion Kristin 12/0412017 4:44 pm Request 62116 -Mark - UPS is teasing this properly and they are storing trucks Gates on it, they are throwins trash outside of the trucks ail over the propert Case Notes Kristin 12/06/2017 12:44 pm CM on door Gates Courtesy Notice Letter Kristin 12/06/2017 12:45 pm Due Time:8:00 am, Additional Comments:, Send to (Owner) Gates Courtesy Notice Letter Kristin 12/07/2017 1:46 pm Due Time:8:00 am, Additional Comments:, Send to (Tenant - UPS) Gates Kristin 12/21{2017 7:59 am Gates Notice of Violation Case Notes Kristin 12/21/2017 8:01 am Gates Due Time:8:00 am, Additional Corn me nts:PORTABLE TOILETS ARE NOT ALLOWED! PLACING THEM IN THE BACK OF THE BUILDING DOES NOT MAKE IT LEGAL. PLEASE REMOVE TOILET., Send to (Property Location lOwneriTenant - UPSIL POSTED NOV Violations 14 Violation Type Portable Toilets Prohibited Corrections Required:Please remove portable toilet from property. Address Type:Complainant Name:Mark Address: r Phone:(303) 289-3022 Cell #: Due Date Status Open Additional Addresses Closed Date Address Type:Tenant n t Name: UPS Address:5190 IW ST COMMERCE CITY, CO 80022 Phone: Cell #: colon Notes Date: Time: : Findings: EXHIBIT Are- http://user.govoutreaeh.com/eommercecity/ceprintreCuest,PhP curld=l 18179&type=0 1/2/2018 Print Code Enforcement Case Page 2 oft 2017-12-05 14.42.52.i p portable toilet not allowed I r b f R'n.,,' Gd Y � 2017-12-20 14.5 432.jpg portable toilet moved to rear of buillin 2017-12-212017-12-2113,49.52jp . NOV posted gu:tL.. WM Ira 2017-12-06 12 043.49 J pg. en on door 2017-12-20 14.54 00.jpg portable toilet moved to rear ofbui1 in . http://user. ovoutrea h.cormcommer eeity/ceprintreque St.php?0UrI .-1 18179& e=0 1/2/2018 EXHIBIT h v se r? ova Nriek. From: Esther Gesick Sent: Friday, January 12, 2018 250 PM To: Kim Ogle <k le@welcigev c m> Subject: FW: Shephards Warehouse near Wattenbeeg From: Barbara Kirkmeyer Sent: Thursday, December 7, 2017 6:48 AM To: Tom Parka Jr. ct ar .o reidgov1com>; Michelle Martin r mariin@weIdgo'i,ccm>; Esther Gesick <egesick@weidgov.com>; deherrerasl@netzero.com Cc: Commissioners COMMI SIONEBS cO,we icoms> Subject: Fwd: Shephards Warehouse near Wattenbeeg Please make part of the public record Have a great day Begin forwarded message: From: "DeHerrera" creel-herrer'asi net.zerowcom> To: "Barbara Kirkmeyer" <bkirkmeyer@wel fovrcom? Subject: Shephards Warehouse near Wattenbeeg Hi Barbara, We are having issues with the noise, dust, and traffic from the Warehouse near Wattenberg. Attached are videos from the past week, but these issues have been going on for over a month now. I wasn't sure who to send the email to, but the people of Wattenberg were asking what we can do for the issue. If you have any questions you may contact me at 3036671243. Thank you for your time. Tommy DeHerrera EXHIBIT sczri 1' ikL i+ I IQ. Q;= •ti7117V i ir 4aaSUWhQY'fl ►t rYiO4CO1t10 4 ----------cr-rg��. Ms+ molt. is d&xcr Q,cc1flciA�t1 tront of Shepherd Encrpr JC*& 1----- +WQUId ttkeid tu d you kPAt becpideS_— _ — . _c€ n'e cytenexe cornp\ctflW tim-xiuu nPoise Vrt_cayeil Wl', 0.Y2 not oporcyr-e0n title Y1t,iS2. j Not cUt OLLY notoks,e,_ _Our J'%' ate wits_ _NiuUUre. rncre than wtcemed to yp.Urse1F, OL+%I11e of ap,,i,_roc„e„ uctcct tc.b, r..P,.s coyn�ny_ is a_ - scurcc of e,ocifeamk-, wmixt. i�� t�,�e e%ttlects(42.----- w� sttriA,_•‘‘ ce.-)Scthss Ex qmpufeck. ckt • - -- - - - -- _. \\O- isockceoi_ a:lCtvt- OL1.nIEl c;he t\t �1/4c? ; kis* t'D co')YYt.4oa tots tY i'� __ _1m v2h41 Lvne. Ctuth rr,‘tofALh fix a __ onAxio leskre) CCI(\ t0Y3€ -tck `-nmzonf .Lc1.eat ckc€9 Wcici-4,) any ,r t for tw'rre. Commyrni,r-d and_ wwc 'jd uThoct gie\ivr. nrstik.c_Th ryrN ipetati'c1 .Qipinloh, cymethetti) the twit\uY_� _Qc.Ach,�r_)s-1/27 \7_tephekct JEr' +U1r SSE`' . Ord Sri Al - Sikar a!F vetC6S t6 % I 151(3 Echiassixotia4h_ Ft_ LiA a a n n a n. r gdOe teret• 44 714 Ce ce 72c 2 51 4.:3" neb _ amla —a Dcf if do77 aern" Str: "Adriesept rei‘obist2e67. tont/ cv offnt .4a7„4 enince.1-e - . owl t5; frt kletik zak 4et 7/4/e4 1. History of the Company a. Started business 29 years ago with 1 truck and I drove it b. We currently operate approx. 50 trucks and have approx. 65 employees. c. Have roughly 250 foodservice customers that we work for, many in Weld County ( JBS Rosen, 1-lungenburgfarms, Strohauerfarms, and many others in Weld County as well as the Front Range and Denver. d. Have always been a resident of Weld County and recently moved business from Commerce City to Weld County as well. 2. History of property a. Built in 1969 as a produce distribution warehouse for Z.J. Fort produce co. (Dr'Terro Bros.) b. Has been a distribution warehouse for its entire life of building c. Docks and coolers and offices were already complete and was able to move in and operate with no additional improvements to building. d. Warehouse was vacant and able to be used as its original purpose that it was built for 50 years ago. 3. Had no idea that I needed a special use permit a. I was hauling Truckloads of potatoes to the former owner of the building for several years and had been inside the warehouse many times to see their operation. b. The building is being used for primarily the same purpose it was built for, and I had no idea that 1 would need a special Use permit to operate the property basically as it had been operated for the past 50 years. 4. Business layout a. We are a foodservice distributer that solely focuses on the foodservice industry. We distribute everything from onions to meats and dairy products to the entire 48 states b. We only do limited maintenance on my equipment that is limited to tires and oil changes. c. We have no equipment that has flashing lights or back up alarms as they are not needed here d. The majority of my trucks are always on the road and come to the yard either weekly or biweekly 5. Noise Level a. The study was done on a Friday which is by far the busiest day for us as we do 75% of my shipping on Friday to deliver to the east and west coast of United States. b. There is more noise coming from Hwy 6 then there is from my business by far c. You can see from the study that I also had been trying to keep the noise levels down by putting trailers on the east side of my property to help dampen the noise and it did just that. d. Even without the trailers there, the noise level is that of a quiet subdivision, with it dropping to 43 dBA at night. 6. Maintenance on property a. I have a tractor that we use to maintain the property as it gets ruts in the dirt and we keep it smoothed out b. I also have a tractor that has a water tank that we use when it gets dusty to keep the dust down to a minimum c. We also do snow removal as needed on the property 7. Assess point a. I am willing ing ' to move the access point to the far west side of property and that would eliminate all traffic from the east side of property and would reduce noise levels completely from the current entrance. b. I will also put in a berm on the east side of property and plant trees as a natural barrier on the furthest east and north side of my property as stated 8. Part of the community a. We have letters of support from the community as well that I have attached b. We have done and will continue to help the community with food donations just as we had done in Commerce City in the past. c. Wehave many had asas 7 different people from Wattenberg that work for us as well d. just I live up the road as well off County Road 6 and this is where I live as well. My son goes to school in Fort Lupton with the other kids from Wattenberg. Truck emissions and idling a. 95% of my trucks are 2015 or newer and all have idle shutdown after 5 minutes and the emission standards on this equipment is very stringent with the filter systems that they � require b. The noise level including .lake brakes are greatly reduced as well with the filter systems they have as well I nu Loiructrir‘a 1/4c-54 kingadtir, ,. ..4 inevise doeywrieve- r t' I � ta lath f....Aereratil LA) ,,e'SfissuevA 31 Ili' aura+ t gt,t_swo, 4 n hY Jt* i4APAMeta Saadi \'-¼ ,lay 1 a14-1 1:30 tarn jot 3'ifl ati.ae-• CReenr‘J ..0fitnettitinret' a T; c9 -781t- G.:7 a Lot 3 ANIS EXHIBIT TO WHOM IT MAY CONCERN JANUARY 8, 2018 to share a concern about a new company, Daniel My name is Dr. Frank O. dame and I want Inc.,who recently arrived Just outside the small Charles Shephard and Rose Holdings. community of Wattenburg, Colorado. •concerns with the company, let me tell the story of Before I share more specifics about my settled her 80's but she well remembers when her family Wattenburg. My mother is now in then were not 'accepted' back in those days. Her father, outside of small nearby towns since they with Mexico, built small houses with the little money they earned along � ether immigrants from 9 r�°� family. the people worked hard to provideforand immediately established a small community �' _ � so that everyone survived. There were no paved. their families and neighbors shared resources�' They did establish a small meeting area . for church roads, stores, or other typical town facilities. that even today provides spiritual nourishment to the and years later built a small church each other and families interacted daily. More people community. Here children played with r the community still exists. It is a larger now but families came and, now, four generations later, ' love, While the road are now paved, there remain no continue to build small homes filled with1 the short distance to Ft. Lupton to attend school. business established and children travel when my father met the woman who raised me beginning vividly remember coming to this townfrom °mother died when I was a baby, I received love my at age 13. Although my biological he maternalgrandparentsin Mexico. Once r�� a father established his papers in this country, - we wc►�-1�e�1 the migrant trails farming from state to state_ came to get me a young boy andand a a welcome change that brought family, stability, '''attep as the l+��cal call the town, was consistent education opportunityI my father into my life. Our family grew quickly. Unfortunate y, 'with my morn and she raised 3 boys and girls on her decided to return to Mexico, but I stayed ' � � h of us graduate from l� ig hi school. It was possible i � own, successful in her quest to have each this small community because of support from both extended family and life long friends. Lifein important lessons of family � love, God's blessings and hard Watte was great. We learned the �' work. Laughter, community 't entertainment, and friendships were also available. rind les as our~ children run from house to house am 1{�attenber� remains•�ns nth the same p p � older members benefit from attention provided community by younger adults. Even now this cow y some move to other areas closer to their jobs, they all watches out for each other and though together. Many families continue the tradition of gathering on come back to church and gather i weekends. The vibrant life established over 80 years ago remains. ra nd ma s porch on My concern with about new business that has taken residence lust across fromthis small to abide by local county expectations. Residents were community of 420 focus on the failurethat the business could operate. They were also told assured that there were specified hours . be made to curtail dust, lights and diesel fumes from noise would be limited and efforts would where trucks park and where they operate were also the community. Specifications concerning dust, heard the noise and was aware of the early shared. On a recent visit I saw first hand the EXHIBIT 5R -A3 -6C6 • ! setting up this type � of business just outside and late times that trucks were running, Admittedly,- Lupton or Brighton would not be acceptable for these reasons. of any other small town, like Ft. believed to community filled with hard working people However, because Wattenberg is a small � own ��m, an apparently operates based on their have less money or voice to complain, this p �- . � a possible that this company can exist rmerelyacro needs and bottom line. It is not appear J7Rroad ay from a community of families. this community and I want to protect the special bonds Like my siblings, l became an adult in ��mu �_to •harmony to support family and , friends, I do not want that remain today.� come in peace and p�on also do not want to see unnecessary burdens cause unnecessary trouble for others, but Ifind the ., r like one third of others living in Waite, th those living in this community. My elderly mother,- to fragile health challenges. I suspect that noise uncomfortable, The fumes and dust contribute� experience this type of inconvenience and hazards in those orking fir this �a��any do not exp their own communities. -help resolve this situation in a way that is lair to 1 humbly ask for help and support from others tom �M Colorado . • -are as �i� important as and other person ling in l�r� - all involved. The people in ''att�nb+�r� p - . simply not possible to co -exist in the status quo; changes and they need your assistance, It is sir�pl''� must happen and happen quickly. We, the citizens of the Town of Wattenberg, Colorado, petition Weld County Zoning and Planning to DENY Daniel Shepherd and Rose Holdings, Inc. permission for a commercial business and storage in an Aggriculture Zone. They should not be allowed to run their business seven days a week and at all hours, especially before 6:00 a.m. and after 6:00 p.m, The town of Wattenberg is a very small residential community and having all the Semi trucks passing thru WCR 6 is very dangerous for the traffic entering and leaving the town. The noise level is very loud and annoying and they have failed to keep it at a decent level at all times. They have failed to keep the dust to a minimum and have no respect for their neighbors, The diesel fumes are very strong and unhealthy for the people in our community. With this kind of business next to our Town, the property values will tremendously decrease in value. There are a fair amount of Senior Citizens that live in our Community and all the above issues are causing them a lot of stress and anxiety. These are only a few things that we have been able to witness and are almost positive it will be a lot worse in the in the future. I demand that the Weld County Planning and Zoning deny Daniel Shepherd and Rose Holdings, Inc. permission for a commercial business and storage. tint WA ;COSTAatrCi t IMF I NT N,ME AD D E PHONE ft _ eel ti.rvi 1 a- ale. A_ I.3 71NATURE aria , wgeRM. 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