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Home My WebLink About20153750.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant JIMMY MASCARENAS Case Number USR15-0047 JM TRUCKING, LLC Submitted or Prepared Prior to At Hearing Hearing 1 FORTENBERRY EMAIL 6. 7.2015 OBJECTION X 2 FORTENBERRY EMAIL 6. 15.2015 OBJECTION X 3 FORTENBERRY EMAIL 6. 19.2015 OBJECTION X 4 FORTENBERRY EMAIL 6.22.2015 OBJECTION X 5 FORTENBERRY EMAIL 7. 1 .2015 OBJECTION X 6 FORTENBERRY EMAIL 7. 13.2015 OBJECTION X 7 FORTENBERRY EMAIL 7.20.2015 OBJECTION X 8 FORTENBERRY EMAIL 8. 12.2015 OBJECTION X 9 BARRON DAVIS EMAIL 8.31 .2015 OBJECTION X 10 FORTENBERRY EMAIL 10. 14.2015 OBJECTION X 11 FORTENBERRY EMAIL 10. 16.2015 OBJECTION X 12 FORTENBERRY EMAIL 10. 19.2015 OBJECTION X 13 FORTENBERRY EMAIL 10.26.2015 OBJECTION X 14 FORTENBERRY EMAIL 6.24.2015 OBJECTION X 15 FORTENBERRY EMAIL 7.6.2015 OBJECTION X 16 FORTENBERRY EMAIL 7.2.2015 OBJECTION X 17 O'NEIL PETIITION LETTER 10.29.2015 OBJECTION X (DUPLICATE SIGNATURE IN PETITON OF 10. 30.2015 [#18]) 18 GRAY ELK RAEL LETTER 10.29.2015 OBJECTION X (DUPLICATE SIGNATURE IN PETITON OF 10. 30.2015 [#18]) 19 SPO PETITION LETTER RECEIVED 10. 30.2015 OBJECTION X (9 SIGNEES ON 8 PROPERTIES W TWO DUPLICATES, #16, #17) 20 SEAVEY EMAIL 11 .02.2015 OBJECTION X 21 BOEREMA EMAIL 11 .3.2015 OBJECTION X 22 MARDIE STOLL LETTER NO DATE OBJECTION X 23 SCHULTE LETTER 11 .2.2015 OBJECTION X 24 HALE LETTER RECEIVED 11 .3.2015 OBJECTION X I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Kim Ogle H Planner From: cafortenberMthaol.com To: Kim Ogle Subject: Fwd: 15524 Weld County Road 6 Date: Sunday, October 18, 2015 5:27:26 PM Attachments: jjMG 0767JPG Hi Kim, This is an email I sent 06/07/15 Cindy Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: BPASCOE <BPASCOE@WELDGOV.COM> Sent: Sun, Jun 7, 2015 12: 10 pm Subject: 15524 Weld County Road 6 Hi Bethany, I want you to see these pictures . This man that has bought this property is running a commercial trucking business Monday thru Saturday out of here . This is zoned agricultural . If the sight that we have to look at every day now isn ' t horrible the noise is what we can ' t deal with . It is so noisy now . They start those big trucks at 5 to 6 every mourning . They run a compressor that is so loud every day for 2 hours or more . This last Saturday I was trying to take a nap in the middle of the day and I could not do . It was so loud . The noise is really bad . I don ' t think they realize how the sound carries . They were using something that makes that loud beep beep noise it seemed like forever . I tried several times to sit outside and could not . The noise is so bad . He is just getting started with this property . I can ' t imagine what is to come . He has people there all day working on trucks . Using the bobcat , having the compressor on . Working on trucks . I don ' t know what he is thinking . Can you please help ? He is right in the middle of four houses . This is a commercial trucking company that has bought this place . Also the daily driving of all these commercial trucks has torn up Road # 6 . Can this be stopped? This is not zoned commercial . Please help, Cindy and Mack Fortenberry Cindy ' s cell 720 -272 - 6104 Mack ' s cell 303 - 638 - 8719 15600 Weld County Rd # 6 Sent from my iPhone EXHIBIT From: Cindy Fortenberry To: Kim Ogle Subject: Re: 3M Trucking Date: Friday, October 16, 2015 11:02:01 PM Hi Kim, I will do. Can I email you all these or do I need to send by mail? And the complaint I put in yesterday do I need to mail that to you too? Just let me know, Thank you, Cindy Sent from my iPad > On Oct 16, 2015, at 4: 28 PM, Kim Ogle < kogle@co.weld.co.us> wrote: > Cindy > I am unaware if I have or do not have all of the case correspondence that was submittal by yourself for this case. If it is not to much to ask, please resend the bulk of the emails/ letters and I will add to the case file. Thank you. > Kim > Kim Ogle > Planner > Department of Planning > 1555 North 17th Avenue > Greeley, Colorado 80631 > Direct: 970.353.6100 x 3549 > Office: 970.353.6100 x 3540 > Facsimile: 970.304.6498 > 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. > Think Green - Not every email needs to be printed > > Original Message > From : Cindy Fortenberry [mai to:cgfortenberry(a ao .com] > Sent: Friday, October 16, 2015 8:25 AM > To: Kim Ogle > Subject: JM Trucking > Hi Kim, > I sent a letter yesterday and was wondering if I need to mail this letter? > Do you put in the file if sent by email or just ones that are mailed in ? > Also all the emails that I sent about the noise? Do I need to mail them in or do you have on file? > Just let me know ? > Thank you, > Cindy Smith-Fortenberry > Cell 720-272.-6104 From: cgfortenbenv thaol.com To: ,m QnlQ; Tom Parko Jr4; Barbara Kirkmeyer; Bethany Pascoe Subject: 15524 County Road 6 Date: Wednesday, October 14, 2015 3:23:08 PM Hi Kim and everyone, This is Cindy Smith-Fortenberry and Mack Fortenberry. We live at 15600 Weld County Road 6. Our house is do east of this property. We object to this business. We have lived here for 21 years. Since May 6th we have had to live with the worst noise. We get woke up everyday between 4:45 to 5: 15 am . Their are 7 trucks that we have to hear start up and idle. This last about 2 to 3 hours. The noise with the maintenance is the worst. This starts about 3 and goes to 6 to 7 pm everyday 7 days a week. When we are on our porch we can not even talk to one another because the noise is so loud . I have sent several emails about the noise the first 2 months. I hope they are on file. If not I can send them to you again and I would like for them to be on file. This piece of property is in the middle of 4 houses. We have Dean that has 5 acres that touches, Juan Soto has 10 acres to the north and touches. Eric and Veronika Permut have 35 acres to the south and has to share their driveway with JM Trucking . The Permut's just moved in the first of the year. I think it is strange that such a big operation does not even have their own driveway but a shared one. And they have to go down 2 different property owners borders to even get to his piece of property. They do not have direct access to Road 6. And then we have 40 acres and his shared driveway borders our property and we have to hear and watch them go down our property line for a quarter of a mile. Our house is close to this business because we sit in the middle and we are due east of this. This is a land locked commercial trucking business in the middle of 4 residential houses. Also on his permit he says that it is compatible with the surrounding area ???? Would you like to sit on your pouch and look at 7 semi trucks with 2 semi containers that they use for their shop? And already their is so much junk sitting on this property. I have pictures and this is not compatible to the area. The closest commercial property is 2 miles away. And this is where he should of gone. Their are several pieces of commercial property on Road 27 for sale and that is where he should be. Land that is already zoned commercial . On Chapter 23 Jim says that many of the surrounding property owners have semi trucks. That is not true. Road 27 is the closest that we see semi trucks. No one has semi trucks in this area. The lots next to him are 4 family homes. They have nothing to do with commercial oil and gas. These are our homes and we would like to enjoy peace and quiet. With this noise we can not even have a conversation on our porch . It is like living next to Big O Tires. And he has in his proposal that he wants to do business 24/7, 5 AM to 10 PM ! ! ! ! All neighbors went to hearings 5 years ago to stop a USR permit to Juan Soto who borders this property. Juan's noise was once a week. Jim is already making more noise and 6 days a week. Another matter is how dangerous Road 6 and 31 are. Their are 4 blind spots within a mile of JM's driveway. Their have been 2 deaths on Road 6. One at the end of our driveway and the second one is around the pond where you cannot see on coming traffic. These roads were not built for commercial trucking . Also just in the last 2 From: Cindy Fortenberry To: Kim Ogre Subject: Dead line Date: Friday, August 28, 2015 7:28:34 AM Hi Kim, This is Cindy Smith-Fortenberry at 15600 Weld Cty Rd 6. I was wondering of the dead line for getting in letters for JM Trucking on objections of this? We are the neighbors that are do east of this. Our house is in the middle of 40 acres and JM is right west of us. Do you have a direct phone line that I can have? Thank you, Cindy Smith-Fortenberry Cell 720-272-6104 Work 303-296-7445 Sent from my iPhone From: cafortenberr (&aol.com To: Kim Ogle Subject: Fwd: Living next to commercial trucking company Date: Sunday, October 18, 2015 5:41:40 PM Kim, Another email I sent 06/15/15 Cindy Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: BPASCOE <BPASCOE@WELDGOV.COM>; bkirkmeyer <bkirkmeyer@weldgov.com> Sent: Mon, Jun 15, 2015 11 :25 am Subject: Living next to commercial trucking company Hi Bethany and Barbara , This past week JM Trucking knew they were in violation but they keep moving things in . They had a 35 foot gate delivered, a commercial dumpster delivered and a portable potty . New sound this last week was the impact wrench . I felt like I was at Big 0 Tires . Friday starting at 3 : 30 when all the trucks were coming back in . The noise did not stop until 7 . Then on Saturday it started at 9 the compressor which is real loud . The impact wrench . They worked until 8 pm ! It is so noisy . This property is in the middle of four houses . They don ' t even have their own driveway they share with the neighbor to the south . They are land locked . Their driveway which borders us is a quarter mile from the road . So when they pull off of Road 6 they drive right in front of our house . So everyday except f_or Sunday we have to hear and see all these commercial trucks leave and come back . And all the maintenance on these trucks . They have a work shop already . It is a semi trailer which they open both ends and pull the commercial trucks up to and work on them . I don ' t have to use an alarm clock anymore . Truck 2 woke me up at 6 : 15 to hear and see truck 3 , 4 , and 5 leave by 7 am . He has been better in that they lock their gate after the trucks leave but it starts all over when the trucks come back in around 3 : 30 . Before his violation someone was there all the time making noise . I pray that you guys can help us . I do not want to miss the hearing . I have four major land owners around me that are ready to come to the hearing too and who are not happy . Do you have any idea when the hearing will be ? Because Mr . JM trucking is acting like no one is going to stop him . It is business and noise like usual . Thank you, Cindy Smith - Fortenberry cell 720 -272 - 6104 Mack Fortenberry cell 303 - 638 - 8719 EXHIBIT From: cafortenbemt(@aol.com To: Jim Ogle Subject: Fwd: Living next to commercial trucking company Date: Sunday, October 18, 2015 5:47:33 PM email sent 06/19/15 Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co. us> Sent: Fri, Jun 19, 2015 8: 15 am Subject: Re: Living next to commercial trucking company Hi Barb , Thank you so much for responding . It has been a nightmare since JM Trucking bought this property . He has no regard for rules that are set up by Weld county . We get woke up every day at 5 : 15 . The noisy trucks take until 6 : 15 to 6 : 30 to get off the properly . Before he was told he was in violation they had someone working all day there . Now the loud noise starts between 3 to 3 : 30 and goes until 6 to 6 : 30 . They have no electricity so they use a compressor which can run for two hours or longer . They use an impact wrench which is really loud . It is like living next to Big O tires when they change the tires three times a week . Besides doing this Monday thru Friday, they can work all day on Saturday . We even here them talk . I don ' L even want to be in the yard it is so loud . He is just beginning ! I can ' t imagine what is to become if he is aloud this permit . We have lived here 21 years and made such improvements . It is so sad for us . The only thing that keeps us going is that we feel we can stop this . I also want to thank you for being on the board . We meet you when their were the hearings for Mr Soto and I don ' t even know if I have the right name . We are not social with him . Over the commercial rodeos . Which is the neighbor to the north . We think Lhey are friends because we believe someone that lives there works for JM trucking . That is another issue if JM trucking gets approved to do this business does that mean Mr Soto gets approved to do his business ? It has been 38 days since he moved in . I can ' t believe we have to hear this all summer . He keeps bringing in new things too . He brought in another storage trailer in this week . This commercial operation is not compatible with the surrounding area . It had nothing to do with agricultural . Thank you for listening, Cindy and Mack Fortenberry Sent from my iPhone > On Jun 18 , 2015 , at 2 : 03 PM, EXHIBIT From: cgfortenberrv(a)aol.com To: Kim Ogle Subject: Fwd: Complaint day 41 Date: Sunday, October 18, 2015 5:36:36 PM Another email I sent on 06/22/15 Cindy Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: bkirkmeyer <bkirkmeyer@weldgov.com>; BPASCOE <BPASCOE@WELDGOV.COM> Sent: Mon, Jun 22, 2015 8:31 am Subject: Complaint day 41 Hi Bethany, Just want to add to the complaints on this property . They are bringing more equipment in . They brought in a utility trailer . They put up a big tarp that they set up between this new utility trailer and the semi workshop and work on the trucks . As I was on my porch watching the sunset a semi came in at 8 : 30 pm Wednesday with his lights on so I have to hear that ordeal . On Saturday they started their repair work at 8 am and did not stop until noon . The compressor , impact wrench, and grinder . I thought oh good it will be Sunday and we will have one quiet day . Well they woke us up at 6 : 30 instead of 5 : 15 . Two trucks left and came back later that day . This is in addition to their daily noise . I won ' t repeat that . This daily noise does not work in this agricultural zone area . Thanks for listening , Cindy and Mack 15600 WCR 6 Sent from my iPhone EXHIBIT From: cafortenberrv(a)aoicom To: Kim ogle. Subject: Fwd: Day 49 commercial trucking company Date: Sunday, October 18, 2015 5:54:48 PM sent 07/01 /15 Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: bkirkmeyer <bkirkmeyer@weldgov.com>; BPASCOE <BPASCOE@WELDGOV.COM> Sent Wed, Jul 1 , 2015 6: 12 am Subject: Day 49 commercial trucking company Hi Bethany, The noise has not stopped . Yesterday one came back and they made more noise all day until dark . We can not sit outside and enjoy our place anymore . If he is running a commercial trucking company out of this place why can ' t you tell him to stop until he gets his permit . I would love for anyone to come and have coffee with us to hear and see what these guys are doing starting at 5 AM We are talking 5 semi ' s And two dump trucks that idle forever and they always seem to be working on them . Why is he being aloud to do this ? It is zoned agricultural . Please help, Cindy and Mack Fortenberry 720 -272 - 6104 Sent from my iPhone EXHIBIT From: cgfortenberry(@aol.com To: Kim Ogle Subject: Fwd: Day 62 15524 Weld Cty Rd 6 Date: Sunday, October 18, 2015 6:07:07 PM sent 07/13/15 Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: Tom Parko <TPARKO@CO.WELD.CO. US>; BPASCOE <BPASCOE@WELDGOV.COM>; bkirkmeyer <bkirkmeyer@weldgov.com> Sent: Mon , Jul 13, 2015 7:57 am Subject: Day 62 15524 Weld Cty Rd 6 Good mourning Tom and Bethany, Just to let you know living next to a Commercial trucking company is no fun . Friday night the last truck came in at 7 : 30 pm and the mechanic left at 8 : 00 pm . Before they all came in they had a big tire 4 wheeler racing around their lot . That was a lovely sound . Saturday and Sunday are my days to sleep in but was woke at 5 : 10 am on Saturday . The mechanic came at 8 : 00 am . He ran a generator 3 to 4 different times but didn ' t run it for long . I know they are trying to be quiet to get this permit . But this place will be so noisy if he gets it . On Sunday a truck left at 7 : 15 am and came back at 9 : 30 am . When he left he was going slow until he hit 31 and then he let it out . Sorry to repeat myself but I don ' t want you guys to forget us . I also have to leave town on business September 15th and return the 21st . I am so hoping the hearing is not then . On the web site he says it goes before the planning board before the county commissioners . Is the meeting before the planning board open to the public? Attached is a picture of what we look at every day . Thanks for listening, Cindy Fortenberry 720 -272 - 6104 Mack Fortenberry 303 - 638 -8719 Sent from my iPhone EXHIBIT From: cufortenberrvCtaol.com To: Kim Ogle Subject: Fwd: Day 69 at 15524 Weld County Road 6 Date: Sunday, October 18, 2015 6:12:56 PM sent 07/20/15 Original Message From : Cindy Fortenberry <cgfortenberry@aol.com> To: Bethany Pascoe <bpascoe@co.weld.co. us> Cc: Tom Parko Jr. <tparko@co.weld .co. us>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co. us>; Kim Ogle <kogle@co.weld.co. us> Sent: Mon, Jul 20, 2015 1 :53 am Subject: Re: Day 69 at 15524 Weld County Road 6 Good mourning everyone , I am wondering about a few things . JM trucking has been running a commercial trucking business for 69 days now . The big day for us was when he put in his USR and we can have this hearing . And he waited until the last day to get in . Now you tell me he has 22 days to get his complete permit in? Why didn ' t he get his complete permit in before he did all this . Are you not supposed to get a permit before you set up a commercial business ? So why all the extra days for him? Why let him make all this noise for 69 days plus 22 days plus the days to have the first hearing and then the next hearing ? ? ? Their are so many commercial property ' s for sale on Road 27 . He did not have a shortage of choices . It is so frustrating to have to get woke up everyday to hear semi ' s start up and idle for long periods of time . And have to hear compressors , impact wrenches , grinders . This is 7 days a week . Tate nights too when the semi ' s come back broke . Would you guys enjoy living next to a commercial trucking company ? Thank you, Cindy and Mack Fortenberry 720 -272 - 6104 Sent from my iPad > On Jul 17 , 2015 , at 5 : 52 PM , Bethany Pascoe <bpascoe@co . weld . co . us > wrote : > Yes , they submitted the initial application . Now it is going through the 7 Day Completeness process . He has until August 7 , 2015 to submit his complete USR application . Kim Ogle , EXHIBIT 1 >> Greeley, CO 80631 >> Office : ( 970 ) 353 - 6100 Ext . 3555 >> Fax : ( 970 ) 304 - 6498 >> Web : www . co . weld . co . us 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 : Tom Parko Jr . >> Sent : Monday, July 13 , 2015 9 : 23 AM >> To : Bethany Pascoe ; Cindy Fortenberry; Barbara Kirkmeyer >> Subject : RE : Day 62 15524 Weld Cty Rd 6 >> They have a deadline to meet this Friday as part of the consent agreement , correct ? >> Tom Parko , M . A . >> Director of Planning Services >> Weld County Dept . of Planning Services >> 1555 N . 17th Avenue >> Greeley, CO . 80631 >> Office : 970 - 353 - 6100 , ext 3572 >> Mobile : 970 -302 - 5333 >> 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 : Bethany Pascoe >> Sent : Monday , July 13 , 2015 9 : 09 AM >> To : Cindy Fortenberry; Tom Parko Jr . ; Barbara Kirkmeyer Subject : RE : Day 62 15524 Weld Cty Rd 6 >> Both hearings are public . As soon as they submit their application and it is sent out for referrals , you will Kim Ogle From: cgfortenberry@aol.com Sent: Wednesday, August 12, 2015 4:46 PM To: Bethany Pascoe Cc: Tom Parko Jr. Subject: 93 DAYS at 15524 Weld County Road 6 Hi everyone, I was wondering if JM Trucking got all their paperwork in? If a date has been set up for the first hearing? I would like to also tell you that he moved another semi container for storage on the property. The noise is still bad . You cannot make 5 semi trucks and 2 dump trucks be quite. Also the repair work on all these trucks is very noisy which can last until 8 or 9 pm. Thanks for listening, Cindy and Mack Fortenberry cell 720-272-6104 1 EXHIBIT C ) August 31, 2015 Bethany Pascoe Weld County Zoning Compliance RE Case #USR15-0047 Bethany, I am writing to voice my opposition of allowing businesses or commercial entities to operate in our rural agricultural zoned community. I have lived at 14995 Weld County Road 6 Fort Lupton, CO 80621 for almost ten years. We bought our property because we enjoy the peace and quiet of rural country living, and we would like for our community to remain as it is today — residential / agriculture zoning with no business or commercial activities allowed . Business operations bring increased traffic, dust, roadside trash, noise and disruption to the quality of life that our community values and enjoys. The trucking company associated with the above case number runs heavy 18 wheeler trucks up and down County Road 6 and County Road 31 a minimum of two times a day. These truck pass right by my home and I hear and see them every day. Our rural infrastructure is not strong enough to take the heavy abuse that these trucks put on our dirt roads. In dry times the roads quickly wash board and my personal vehicles take a beating — during wet times the roads become almost impassable from the huge ruts that are left by these 40,000 lb plus vehicles. The cost to the County to maintain our roads will increase significantly if business are allowed to move in. Business of this type typically operate repair shops that run loud air compressors and pneumatic tools. They often set up yard lights that can be seen for miles and operate 24 hours a day. This type of business activity needs to take place in an area that is property zoned for business and commercial use. The operations described above are not consistent with or an acceptable option for residential communities such as ours. There is ample commercial property available in the Fort Lupton and Brighton area, and the trucking company referenced above should seek out a location in a properly zoned business park or commercial area. Please enforce the current residential / agriculture zoning in our community and do not allow an exception for the above company or any other commercial operation that might try to operate within our community. Thank you, Barron Davis 14995 WCR 6 Fort Lupton, Co 80621 EXHIBIT A From: cgfortenberrieaol.com To: Kim Ogle; Torn Panto Jr,.; Barbara Kirkmever; Bethany Pascoe Subject: 15524 County Road 6 Date: Wednesday, October 14, 2015 3:23:08 PM Hi Kim and everyone, This is Cindy Smith-Fortenberry and Mack Fortenberry. We live at 15600 Weld County Road 6. Our house is do east of this property. We object to this business. We have lived here for 21 years. Since May 6th we have had to live with the worst noise. We get woke up everyday between 4:45 to 5: 15 am . Their are 7 trucks that we have to hear start up and idle. This last about 2 to 3 hours. The noise with the maintenance is the worst. This starts about 3 and goes to 6 to 7 pm everyday 7 days a week. When we are on our porch we can not even talk to one another because the noise is so loud. I have sent several emails about the noise the first 2 months. I hope they are on file. If not I can send them to you again and I would like for them to be on file. This piece of property is in the middle of 4 houses. We have Dean that has 5 acres that touches, Juan Soto has 10 acres to the north and touches. Eric and Veronika Permut have 35 acres to the south and has to share their driveway with JM Trucking. The Permut's just moved in the first of the year. I think it is strange that such a big operation does not even have their own driveway but a shared one. And they have to go down 2 different property owners borders to even get to his piece of property. They do not have direct access to Road 6. And then we have 40 acres and his shared driveway borders our property and we have to hear and watch them go down our property line for a quarter of a mile. Our house is close to this business because we sit in the middle and we are due east of this. This is a land locked commercial trucking business in the middle of 4 residential houses. Also on his permit he says that it is compatible with the surrounding area ???? Would you like to sit on your pouch and look at 7 semi trucks with 2 semi containers that they use for their shop? And already their is so much junk sitting on this property. I have pictures and this is not compatible to the area. The closest commercial property is 2 miles away. And this is where he should of gone. Their are several pieces of commercial property on Road 27 for sale and that is where he should be. Land that is already zoned commercial . On Chapter 23 Jim says that many of the surrounding property owners have semi trucks. That is not true. Road 27 is the closest that we see semi trucks. No one has semi trucks in this area. The lots next to him are 4 family homes. They have nothing to do with commercial oil and gas. These are our homes and we would like to enjoy peace and quiet With this noise we can not even have a conversation on our porch . It is like living next to Big O Tires. And he has in his proposal that he wants to do business 24/7, 5 AM to 10 PM ! ! ! ! All neighbors went to hearings 5 years ago to stop a USR permit to Juan Soto who borders this property. Juan's noise was once a week. Jim is already making more noise and 6 days a week. Another matter is how dangerous Road 6 and 31 are. Their are 4 blind spots within a mile of JM's driveway. Their have been 2 deaths on Road 6. One at the end of our driveway and the second one is around the pond where you cannot see on coming traffic. These roads were not built for commercial trucking . Also just in the last 2 EXHIBIT From: Cindy Fortenberry To: Kim Ogle Subject: JM Trucking Date: Friday, October 16, 2015 8:25:10 AM Hi Kim, I sent a letter yesterday and was wondering if I need to mail this letter? Do you put in the file if sent by email or just ones that are mailed in? Also all the emails that I sent about the noise? Do I need to mail them in or do you have on file? Just let me know ? Thank you, Cindy Smith-Fortenberry Cell 720-272-6104 Work 303-296-7445 Sent from my iPhone EXHIBIT 5 I 1 From: Cindy Fortenberry To: Elm Oale Subject: Re: JM Trucking Date: Monday, October 19, 2015 10:10:54 AM Good morning Kim, Thank you. You can see how important this is to us. The noise is ridiculous and really a family household should not have to listen to this everyday. Thanks again, Cindy and Mack Fortenberry Sent from my iPhone > On Oct 19, 2015, at 6:04 AM, Kim Ogle <kogle@co.weld.co.us> wrote: > correspondence > > Kim Ogle > Planner > Department of Planning > 1555 North 17th Avenue > Greeley EXHIBIT \C1/' From: Cindy Fortenberry To: Kim Ogle Subject: JMTrucking USR15-0047 Date: Monday, October 26, 2015 2:55:59 PM Hi Kim, This last Saturday 10/24 we had to watch and hear this tractor put rock and level it where he is going to put these buildings. This has been going on for about 3 weeks. We are so nervous that he is going to put these buildings up before the hearing. Does he know something we don't know? Just wondering and very nervous, Cindy Smith-Fortenberry Mack Fortenberry Sent from my iPhone EXHIBIT 13 g From: cgfortenbeny@aotcom To: Jyrn Oaie Subject: Fwd: Noise Cty Rd 6 Date: Sunday, October 18, 2015 5:51:09 PM sent 06/24/15 Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: bkirkmeyer <bkirkmeyer@weldgov.com>; BPASCOE <BPASCOE@WELDGOV.COM> Sent: Wed, Jun 24, 2015 7:01 am Subject: Noise Cty Rd 6 Hi Bethany, This is really warring on us . To live here 21 years and to have some guy come in and put this commercial trucking company in is enough to make us crazy ! ! The noise , the traffic . The last two nights they have been working and banging . Monday is was a flat tire at 9 pm and last night they started making noise at 8 pm and worked until 9 : 30 pm . Do you think it is fair that he can still make all this noise every day . He is in violation of running a commercial trucking company out of a agricultural zone . You get a permit before you do this . He did everything first thinking no one would complain and get away with it . I get woke up everyday but today it got to me and all I can do is cry and send you a letter . I hope he is getting fined for all this . It is ridiculous to have to live next to this . Also when you think about having to move who would buy our place ? Not a family . Another trucking company? Thank you for listening, Cindy and Mack Fortenberry Sent from my iPhone EXHIBIT I4 1 From: cafortenbenv )aol.com To: Kim Ogle Subject: Fwd: Day 55 at 15524 WCR 6 Date: Sunday, October 18, 2015 5:58:57 PM sent 07/06/15 Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: BPASCOE <BPASCOE@WELDGOV.COM>; TPARKO <TPARKO@CO.WELD.CO. US>; Barbara Kirkmeyer <bkirkmeyer@co.weld.co. us> Sent: Mon, Jul 6, 2015 7: 15 am Subject: Day 55 at 15524 WCR 6 Hi Bethany and Tom, Friday I was taking pictures of this property and a man came to me and asked what I was doing . I asked if he was the owner and he said no . I introduced myself and asked his name . He didn ' t answered but told me that this piece of property was zoned commercial . I asked him when did this happened and he said a few months ago . I then asked him does this mean Mr . Soto can have his rodeos ? He said no . So I asked him Mr . Soto can not have commercial status but you could . He said yes . I then asked him when he was going to bring in electricity and he said that as soon as his permit goes through . He also said he was going to build a big building to house the trucks and have a work shop . He also was going to build housing . It sounded plural . A retaining wall was mentioned too . I asked again his name and he told me Jim and then I asked for his last name and he said Mosquealo . I know I have his last name spelled wrong . Sorry . Has someone told him that this property was commercial ? He was very convincing that this property was rezoned commercial a few months ago . Thanks , Cindy Fortenberry 720 -272 - 6104 Mack Fortenberry 303 - 638 - 8719 Sent from my i_ Phone EXHIBIT From: cafortenbem 4 ao1com To: Kljn Ogle Subject: Fwd: Jake Brakes Date: Sunday, October 18, 2015 5:56:00 PM sent 07/02/15 Original Message From: Cindy Fortenberry <cgfortenberry@aol.com> To: bkirkmeyer <bkirkmeyer@weldgov.com>; BPASCOE <BPASCOE@WELDGOV.COM> COM> Sent Thu, Jul 2, 2015 6:56 am Subject: Jake Brakes Hi Bethany, Last night when one of the semi ' s turned down the driveway he put on his fake brakes . This is the third time this has happen . Would it be alright to put up a sign that says no Jake brakes ? Their driveway borders us . I have seen those signs . Cindy 720 -272 - 6104 Mack 303 - 638 - 8719 Sent from my iPhone EXHIBIT 1 � Dear Weld County, OCT 2 .015 Case # USRI 5-0047 JM Trucking LLC : ' Y We are opposed to JM Trucking running a commercial operation in a agricultural zoned district. Si a e aL'? -Xo rn Pt. t\\b SH AY'U C . dNEL_ Wr°‘ 5 2 CS< U)' U\3 ?TO4 CUI D._e‘ 303 %p5c - b` 1 % EXHIBIT D ' y Dear Weld County, Case # USR15-0047 JM Trucking LLC We are opposed to JM Trucking running a commercial operation in a agricultural zoned district. I 0 it•\ &r-Ate diA) . TA 04,4 - ,20ges • 43.14- t? 10444)) -344f 40/ 4/2° i"5- i EXHIBIT Dear Weld County, Case # USR15-0047 JM Trucking Lit We are opposed to JM Trucking running a commercial operation in a agricultural zoned distract. Qjr,a5,,StejAC5taril (1A6 W\Ra1/456 ft4Y1W\K \ 5 C) 04 \ FLitt, ±-tu4mo Qsy) �.� t ‘okot\ • _ �vn -- ..o 12 kc o-\ vrot 3u-3 -ao\ - 11445_ a- m; Ce\to -rat sEckes( , A0 . C m 5-0/ 7 4/cc a_ , Atalt greigrat Co $..k. 9 ‘ 2.-/ eignm ?o 2 -- rrr • Si( L r) ea, ii/ea_ gseda prt_1\4 0 ? 1,-1 J'et ;:tylatni/eid sena? ! f In J© 3 - Z59- £ KL ruprFIRiter . ) 0CT 302015 ti _ EXHIBIT GRL'LEY et. t-g D .9 Dear Weld County, Case # USR15-O047 JM Trucking LLC We are opposed to JM Trucking running a commercial operation in a agricultural zoned district. 1470 Cotietilf 22w 6 - - - - - tva iCon, 0. 0 TO Coll _ .to - 7 e 0005- -- -_ tonvi1e ( VQ4pf,njLjcn\ - � VAS L1T_aAry2) 11( c, d Y71flSVCflY1 \ ( ; ) / a ( c 1 :1215 ) 320 --taa5 auk IL, tP COW\ ® 1 0w\ G' rA ( �c f?acicL Y 1 5M-1 7 - e it c751t1÷A__ ) (16 10 53 to 0 3 - 3Q3 6c? - X37 Dear Weld County, Case # USR15-0047 JM Trucking LLC We are opposed to JM Trucking running a commercial operation in a agricultural zoned district TUAss & Qoc c5- CAtird (Vat _ /6,,,./ (a, . s, 14, 2_ / j /(46 Ls1. r 1/f'S owe, 1�lAric k fSTOLL . Isso9 et- - &I sM-rV14) f.1r1 6 . -- 7Zo gar) -- /AtL-` S.S A _ft blur 3-31) 9 (' 1_ LI _ Kim Ogle From: Christian Schulte [CSchulte@nocoattorneys.com] Sent: Friday, October 30, 2015 4: 14 PM To: Kim Ogle Subject: JM Trucking USR 15-47 Attachments: Neighbors against JM Trucking.pdf Mr. Ogle, Please accept the attached as part of the materials for the referenced USR that the Planning Commission is reviewing next Tuesday. Let me know if you have any questions. Yours truly, Christian J. Schulte, Esq. Otis, Bedingfield & Peters, LLC 1812 56th Avenue Greeley, Colorado 80634 (970) 330-6700 cschulte@nocoattorneys.com www.nocoattorneys.com THIS EMAIL IS CONFIDENTIAL: The information contained in this email or any attachment hereto is confidential. It may also be privileged. If you are not the intended recipient, notify the sender by return email and immediately delete this email. 1 Kim Ogle From: Western Elegance [WesternElegance2@aol.com] Sent: Monday, November 02, 2015 7:32 AM To: Kim Ogle Subject: 15524 Weld County Road 6 Dear Planner Kim Ogle, I am opposed to JM Trucking LLC operating a business at 15524 County Road 6 Fort I.,upton CO. This is a rural, residential, agricultural area. A commercial trucking company does not fit in. There are no other businesses in the immediate area. There are several homes within a couple of hundred feet of this site. The route in and out has many residences with small children plus it is very dangerous to have truck traffic on a winding, curvy, bumpy dirt road that already has a list of accidents including fatalities. And, NO, we don't want our dirt roads paved! In the unfortunate event it is approved, I request that the county consider the following: JM Trucking would be required to: Use Weld County Road 31 to and from the location at 15524 County Road 6 (which is approximately 1/2 mile east of County Road 31 ) in order to avoid the blind "S" curve at the pond (between Roads 29 & 31 on Road 6) which is already complicated with several driveway entrances. Multiple accidents happen here, including fatalities. For the trucks and trailers to navigate this portion of the road 6 they must get over into the "wrong" lane in order to accommodate the length of their trailers. For a driver traveling in the opposite direction, it is difficult to observe the situation until the two vehicles are head to head. Plus, this is complicated by many residential driveways on both the north and south side with traffic entering and exiting Road 6. Speed for all vehicles is concerning. Unfortunately, many drivers on our county roads, don't drive with a cautious speed. Also, at certain times of the year, there is considerable farm implement traffic on Road 6, in our valuable, and respected, "right to farm" county. In addition, there is one property owner that uses the "open range" theory for grazing cattle. The cows and calves are frequently on the road, or grazing alongside. There is an old, barbed wire fence in place but no repairs are made, or will be made, by the landowner or the livestock owner, who has leased this property for many years for grazing cattle. I don't agree with that theory, but all of this happens on the blind "S" curve on Road 6. Allowing or encouraging truck traffic or increased traffic will only further complicate this stretch by many times. FYI .. . Neither, the landowner or the livestock owner who is leasing the property, live close by. The livestock is rarely checked on. I can't even begin to remember how many times that I have come across cars and trucks in a ditch or had to call for emergency services because I heard the crash from over a 1/2 mile away. One property owner (not the "open range folks") is frequently making repairs to his fence from someone who is being careless around the "s" curve. Please don't allow it to become more dangerous. This should be a quiet, EXHIBIT 1 respected county road for residential and farm use, as it was originally intended. Daily, frequent truck traffic makes no sense. In addition, a train frequently stops and parks, across the tracks at County Road 6 for long periods of time (near Vestas) and there is no place for the trucks to safely turn around to seek another route. Yet another reason to use Road 31 ...there is only one house on Road 31 as opposed to Road 6 which is a densely populated, curvy, dirt road with many small children. The drainage at the intersection of Road 6 and County Road 27 is almost nonexistent on the Road 6 portion which means in a very bad cold, wet winter there will be an ice build up at the stop sign because of a low spot that retains water. This intersection was "improved" due to Vestas, however, if we have severe weather, this will be an extremely dangerous intersection if truck traffic is trying to stop, accelerate and cross the heavily traveled County Road 27. Idling trucks should be limited to 20 minutes. Idling trucks create toxic air pollution plus noise levels that cause serious quality of life concerns to residents. Low frequency vibrations are known to degrade the quality of sleep. Trucks must have Auxiliary Power Systems (APS) or if newer models, a certified clean idle or they must be plugged in, so that they don't create smoke pollution in temperatures below 40 degrees. Landscape with maintained, dense evergreens (Spruce or Austrian pine, etc with irrigation) to form a year round screen. Build a minimum 12' berm to buffer the noise Dust control mitigation on the property Hours of operation Monday through Saturday 6am to 6pm No hazardous materials Detention ponds to control run off so that it doesn't go into the Brighton Lateral Ditch Lighting should be shielded so that it doesn't effect the neighbors Fuel storage must meet Div of Oil and Gas standards Limit number of trucks and trips Meet emissions standards Pay a percentage for road maintenance Keep noise to a minimum 2 Residential and agricultural property owners purchased in this area for reasons as it currently exists. Allowing a commercial trucking company will be changing the entire community, please don't do it. There are many other options closer to Hwy 85 that are a better, safer choice. Thank you for your time and careful consideration, Sincerely, Ellen Seavey 14510 County Road 6 3 iv\ 4" -Cat - ts 4 ,1Q e �Sso 9 ci T y .1- HA -7D et tx cusp /D 6Fo2 t � ceota ON l kit 0 cPas77761N oF UM- er, O ( K / MS I I N A-U 8" Li 05 ig- -r 714 is /Lt s � � feG % SiivG/� 7-11 I ZaLY s , —1-11AC 4/Zik Ptisi-bAlerly (; ,:,Nf.2ATIO . JS LIUI , nc 019 111/4-It {' /zoit <fref . 9* 0 o Go Ai zlie-AL5 /4-4L vjf A- K -4 ets , .D4,4)-1- 1 )41_ ;1)) � NFL yUIA EXHIBIT fr'\ Pktb I � STO I L L i7 � _ - - cam Christian J. Schulte The Doyle Building 1812 56th Avenue OTIS , BEDINGFIELD c(2 PETERS , LLC Greeley, Co 80634 ATTORNEYS AT LAW 970-330-6700 cschulte@nocoattorneys.com November 2, 2015 Sent Via Email: kogle@co. weld.co. us Weld County Department of Planning Planning Commission C/O Kim Ogle 1555 North 1r Avenue Greeley, CO 80631 Re: USR15-0047 QM. T. ducking LLC) Dear Commissioners: My clients, Mack and Cindy Fortenberry, oppose J.M. Trucking LLC's Application No. 15-47 for use by special review to allow an industrial parking and maintenance site for its' trucks. Cindy Fortenberry is the property owner listed at 15800 County Road 6 as "Cynthia Gayle Smith". Mrs. Fortenberry has contacted Mr. Kim Ogle to register her thoughts and this letter is to summarize and follow up on those previous communications. To summarize, the Fortenberrys' objection is based their experience with the nuisance already created by J.M Trucking's activities on the lot next door to them, which would increase and continue, perhaps indefinitely, if the application is granted. The noise and lights created by J.M. Trucking's operations have ruined the Fortenberrys' use and enjoyment of their property, which is in a neighborhood that has had a residential character for decades. The Fortenberrys have lived at their present location for twenty-one years. Over the years, they have substantially developed the property for their residential use. They have gotten rid of hundreds of prairie dog holes and acres of weeds. They have planted and nurtured over 400 trees and bushes. They have remodeled and improved their house numerous times. Most recently, they added a new porch facing toward the mountains, which they completed just weeks before the view was blighted by J.M. Trucking's operations. Please see the emails between Mrs. Fortenberry and various members of your staff, which Mr. Ogle kindly included with the file and which I have attached here for convenience. In summary, the Fortenberrys' concerns include: • noise from idling trucks in the dawn hours and from maintenance operations sufficient to drown out conversation throughout the day; • danger posed by the increased commercial vehicle traffic on the local roads. EXHIBIT I 122 LA . „ Ad • misrepresentations to the Fortenberrys and in the application; and • the fact that the County has previously denied a much less disruptive use by special review. Additionally, now that the days are getting shorter, the bright headlights of multiple semi-trucks rolling right past their house at dawn and in the evening are increasingly disruptive of the Fortenberrys' quiet enjoyment of their home. Furthermore, the Fortenberrys are particularly concerned that J.M. Trucking states in its USR Questionnaire: "The owner plans to expand the hauling business in the future with an increase in the number of hauling trucks and drivers." Photographs of the J.M. Trucking's operation taken from the Fortenberrys' property are included with this letter. Additionally, the attached map of the immediate area of the site shows the Fortenberrys' residence in relation to the subject lot in a way that the application does not. Finally, a review of Planning Department records will reveal that the County Commissioners in 2010 denied USR-1763 for a rodeo arena next door, which was actually less disruptive than J.M. Trucking's current operations, since that older operation was but a once-a-week nuisance instead of the day-in, day-out lights and clamor the Fortenberrys are facing now. The Fortenberrys are aware of the Department of Planning Services' recommendation that J.M. Trucking's application be approved, and wish to address certain points in the Administrative Review. First, opposition to this industrial encroachment into their neighborhood is universal. Please see the attached petition, which was supplied to Mr. Ogle after the Administrative Review was completed. As referenced in the Administrative Review, the Fortenberrys and Barron Davis have supplied letters to the Planning Commission. Since the Administrative Review's completion, notice of opposition of ten other neighbors on eight other surrounding properties has been recorded and submitted. In essence, everyone whom the Fortenberrys were able to contact thus far has registered opposition to the application. This makes sense, because J.M. Trucking's operation is truly disruptive of the character of the neighborhood, notwithstanding the applicant's assertions otherwise. Second, the Administrative Review, while duly noting the application's technical compliance on paper, appears to ignore the human element underlying this case. Leaving aside the County's approach to even major zoning violations (which, if applied to thieves, would let them off without punishment as long as they went back months later and paid for what they stole), there are some factors here that should give the Planning Commission pause. The owner of J. M. Trucking began his operation in violation of restrictions on agricultural land and in violation of Section 23-4-950 of the Weld County Code. Worse, though, when confronted by neighbors, he lied, claiming the land in question had already been rezoned industrial. Of course, this is not true, and the Department of Planning Services' staff confirmed on inquiry that there had not even been an application for rezoning or use by special review at that time. One can only assume that this lie was to forestall complaints to ( 2 ) the County, so that J.M. Trucking could continue its operation as long as possible without having to come into compliance with the County Code. Furthermore, a quick review of J .M. Trucking's corporate filings indicates it is routinely late with required reporting. J.M. Trucking's application states that there are many surrounding neighbors with semi-trucks, which is a flat misrepresentation. In short, J.M. Trucking has started out as a bad neighbor, and the Planning Commission should be dubious of the company's intent to stay compliant with the County Code, its regulations, or any ameliorative measures the Planning Commission might recommend to the County Commissioners. As compared to numerous other applications that might look similar on paper, J.M. Trucking's should be denied. Third, the staff conclusion in Paragraph 2.A. that the application is consistent with Policy 7.1 is premature. J.M. Trucking's current base of operations is apparently in Dillon, Colorado, and its operations regional. There is no reason to believe its operations will have any positive effect on agriculture in Weld County. Fourth, staff conclusion in Paragraph 2.B. arises from circular reasoning. In support of its contention that J.M. Trucking's application is compatible with intent of the district, it simply points to the Code provision that use by special review includes permitted industrial uses, ignoring the "special" component of "use by special review." As worded, any industrial use no matter how loud, unsightly or dangerous, is compatible with agricultural zoning, a conclusion the Planning Commission should reject. Fifth, it must be respectfully pointed out that the summary of Mrs. Fortenberry's communications with Planning Department staff seriously minimizes the Fortenberrys' concerns when it states them as "concerns regarding the operation of a trucking company without first obtaining the appropriate land use permits. . ." This almost makes it sound as if the Fortenberrys would not object to J.M. Trucking's operations had they only followed the law. In fact, Exhibit 10 of the "Inventory of Items for Consideration" shows that the Fortenberrys legitimately fear the loss of the quiet enjoyment of their rural home if J.M. Trucking is allowed to move in as proposed. There are idling trucks every day at the crack of dawn for two to three hours. Maintenance operations are so loud they drown out conversation on their porch during the day. County Road 6 and 31 are not appropriate for the level of truck traffic proposed, and create increased danger of traffic accidents. The surrounding roads are unpaved, and dust from the increased truck traffic is problematic already. And as noted, it appears J.M. Trucking has introduced falsehoods into its application, regarding the prevalence of trucks on surrounding properties. While the Fortenberrys urge the Planning Commission to recommend against approval of J.M. Trucking's application, at a minimum, they hope the County will require every reasonable measure to abate the nuisance this industrial use of the area is causing. The Fortenberrys have engaged a planner to review the conditions of approval contained in Administrative Review and possibly to suggest additional specific requirements, but unfortunately that project will not be complete before the meeting on November 3. IIowever, initially it seems that paving the driveway access and parking area would minimize dust; tall, opaque fencing would reduce the glare of the semi-trucks' headlights into the Fortenberrys' residence; confining maintenance operations to an indoor facility would ( 3 somewhat abate the noise that is currently rendering the Fortenberrys' occupation of their residence during the day so miserable. In conclusion, the Fortenberrys urge the Planning Commission to deny J.M. Trucking's application for use by special review. They will attend the meeting on November 3 with some of the other neighbors to express their concerns. Yours truly, Otis, Bedingfield & Peters, LLC ypsiszr Digitally signed by Christian J.Schulte DN:cn=Christian J.Schulte, o=Otis, Bedingfield &Peters, LLC,ou=Otis, Bedingfield&Peters, LLC, email=cschulte@nocoattorneys.com,c=US Date:2015.11.02 15:12:15 -07'00' Christian J. Schulte /cjs Enclosures: Jr'mails between Planning Commission Staff and Cindy Fortenberty Photographs Map of.Area Petition CC: Client ( 4 a' CU V C n O >, CO u► CO >, c al Q) vs 2 0 N o i O Z “.• , . . : 0 to 7.E.) O V ure,c I- 1 1 c _D < W � Y � z � ' 1 n p 3�A • �J • IH1N�� HlIWS ro ° o - (N E E ° o 1 r ` *' w m v o v N �t c m k D 0i M Q) E V W L c_ ID N O P_ Y O c z 31AVOill: 1VIHINA3 HlIWS '52 `i a o a m i0 Y L to . Q N Lco I 11. m a) 11 C (13 0) . •a � • . 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Iii ., - ' / 1 1 ti w lit M I Pa L s I iii es) kr 4t... • i . ._ • I • i• , - it D I - IV f illi • 1 _ • 41 10 • Y Or ' ..Illitmisuger .e.' • _ ,s - w A , �r - * r /r 44* - \ • mi Vt. n• ^« M rr I ,' - t x I . . f _ F_'" I � . _ airI :1111 ! • Li 1 lill —— s L rrr .n {' , � . • • y � it a sit 4 4 _ t\ dill , ' v .114 1 • 4 • ' Ili t _ r^ a rl " . • _ v.r sy R . i �VI •iii- •'l 1 re �- • - r-.�-.. _2. 1 _ ' • ail _ :it T;'� .( ! IIr `. M 1 ' . . . ti 1 _ - November 3, 2015 To Weld County Planning: I would like voice my objection to allowing JM Trucking LLC to operate at location 15524 County Weld County Road 6, Fort Lupton, CO. This firm has been working out of this location without approval prior to the PC hearing of Case #: USR15-0047 and BOCC hearing. My concerns for JM Trucking LLC are: noise and air pollution, hours of operation, Oil and gas storage, seepage into the ground, and damage to the roads which are not designed for heavy vehicle use, and fire danger to surrounding agricultural properties. Also this property has a shared driveway and being in the Brighton Fire District they have given recommendations that have not been done. The roads out here are constructed over a sand base and have been worked recently but due to the increased heavy vehicle road traffic are in need of weekly road maintenance to keep them safe for residents who use this road also. The roads are NOT built for heavy commercial traffic. Also many people use this road to ride horses, walk and enjoy. Safety should also be a concerning Factor along with trucks kicking up dust and speeding. This area is zoned Agricultural and this business is not in keeping with area of homes and farms located surrounding it. This property is also in the annexation area for the City of Brighton and their plans at this time is to keep it agricultural. Thank you, Al and Kathy Boerema EXHIBIT I '2 c Michelle Wall From: Kim Ogle Sent: Tuesday, November 03, 2015 2:13 PM To: Michelle Wall Subject: FW: Case USR#15-0047 JM Trucking LLC Attachments: Trucking Firm.docx From: starsandfarm@earthlink.net [mailto:starsandfarm@earthlink.net] Sent: Tuesday, November 03, 2015 11 :02 AM To: Kim Ogle Subject: Case USR#15-0047 3M Trucking LLC Dear M. Ogle, Please add this letter into the record concerning Case #: USR 15-0047 JM Trucking LLC. Hearing date November 3, 2015 Thank You, Kathy Boerema EXHIBIT 1 , 10/28/15 To: Weld County Department of Planning Services From: Tony Hale 14760 County Road 6, Ft. Lupton, CO 80621 Re: Case 4*: USR 15-0047 JM Trucking LLC To Whom It May Concern: It has been brought to my attention by one of our neighbors about the plans of JM Trucking LLC to continue running their current heavy equipment trucking and repair facility in the agricultural zoned area they are currently operating in. We live in this same neighborhood. As the crow flies, approximately 2,300-feet due west of JM Trucking's current area of operation. Although the JM Trucking operation does not directly conflict with my family's livelihood, I do have a few concerns. I'm usually out doing small chores around our property early in the morning and late at night. Nearly every morning before 5 am, I can hear their trucks start up and running, then several of them driving down the road shortly after 5 am. There have also been multiple occasions when I can hear them working on trucks / equipment late at night (-10 pm or later). While this noise doesn't bother me directly, if I can hear them clearly from my property which is approximately 2,300-feet away, then I have to believe the noise is extremely bothersome much closer. This is currently a well-kept agricultural neighborhood. Once commercial operations (primarily heavy equipment operations) become part of this area, home and property values will certainly decrease as a result. My family and our neighbors moved to this area to be a part of a quiet agricultural neighborhood. By allowing heavy equipment commercial operations to operate in this area, it is no longer the quiet agricultural neighborhood we all moved into and developed to maintain. My wife and I both work in the oilfield. We intimately understand the struggles of zoning, neighbors, landowner relations, and regulatory hurdles to operate. I have a difficult time believing oil and gas operations would be allowed to operate in an area prior to getting the proper documentation and support in that reference area of impact. In the Site Specific Development Plan and Use by Special Review Questionnaire that JM Trucking supplied, they referred to nearby "numerous oil and gas operations on neighboring properties". While they are correct, there are multiple wells and production facilities in the area; truck traffic is not involved with these well sites every day as indicated. For example: there is a well site on our property. I see traffic to service this well (haul oil, work on pumping unit, etc) about 1 day per month. This is not a proper comparison to how JM Trucking is planning (and currently) operating. Thank you for taking your valuable time to acknowledge my concerns. Regard , Tony Hale 14760 County Road 6 Ft. Lupton, CO 80621 EXHIBIT Cell: 303-981-0005 n 1142 mil. 9A tonyhale142@hotmail.com e @hot a com Hello