HomeMy WebLinkAbout20110132.tiff HEARING CERTIFICATION
DOCKET NO. 2011-02
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1763 FOR AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING
COMMERCIAL RODEO ARENAS AND COMMERCIAL ROPING ARENAS, TO
INCLUDE AN OUTDOOR ARENA IN THE A (AGRICULTURAL) ZONE DISTRICT -
JUAN SOTO
A public hearing was conducted on January 12, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated November 10, 2010, and duly published
November 17, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Juan Soto, for a Site Specific Development Plan and Use by Special Review
Permit#1763 for an Agricultural Service Establishment primarily engaged in performing
agricultural, animal husbandry, or horticultural services on a fee or contract basis, including
Commercial Rodeo Arenas and Commercial Roping Arenas, to include an outdoor arena in the
A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated this case was initiated as a zoning violation due to the number of animal units
on the property without the appropriate zoning permits. He stated the violation case was heard
by the Board on November 10, 2009, at which time they deemed it advisable to refer the matter
to the County Attorney's Office with instructions to delay legal action to allow the property owner
adequate time to submit and complete the appropriate permit applications. He further stated the
investigation fee has been paid, and he explained if this proposal is approved and the plat
recorded, the violation case will be closed; however, if the matter is denied, the violation case
will proceed forward and is scheduled for a court hearing next week. Mr. Gathman gave a brief
description of the location of the property, which is surrounded predominantly by
farming/grazing activities, with Country Meadow Estates one-half mile to the east, the municipal
boundary for the City of Brighton one mile to the south, and surrounded by Conditional Use
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Permit #12 which is designated on the map although the use has been vacated. Mr. Gathman
stated 18 referral agencies reviewed the proposal, and ten responded with no concerns or
provided comments which have been addressed in the Conditions of Approval and
Development Standards. He stated the site is located within the three-mile referral areas for the
Cities of Brighton and Fort Lupton, the Town of Lochbuie, and Adams County. He further stated
the City of Fort Lupton initially indicated no conflict with its interests, since the site is located
outside of its Planning influence area; however, a subsequent letter clarified, if approved, Fort
Lupton would request that the applicant address any conflicts with future uses north of County
Road 6.
Mr. Gathman stated staff received nine items of correspondence and five telephone calls from
surrounding property owners expressing opposition or concern regarding trash originating from
the site, livestock getting out, shooting of raptors, unsightly outbuilding construction, failure to
obtain proper permits, allegations that outbuildings are being used as residential dwellings,
excessive noise, abuse or poor treatment of livestock, manure odor, dust, drunk driving,
damage to County Road 6 due to heavy traffic, liability concerns with carriages and horse riders
on County Road 6, and inadequate parking. He stated the applicant has obtained a separate
access permit from the Department of Public Works, so patrons of the site will no longer use the
shared access with the neighbors to the east and south. He further stated the Sheriff's Office,
School District RE-8, and the Colorado Division of Wildlife all responded indicating no conflicts
with their interests, and the Department of Building Inspection indicated the outbuildings are
permitted as Agricultural Exempt buildings. Mr. Gathman stated the Department of Planning
Services met with the applicant on November 5, 2010, and recommended he conduct a
community meeting; however, the applicant indicated he has attempted to contact his neighbors
but has been unable to hold discussions. He stated Mr. Soto also indicated the outbuildings are
not being used as dwellings. He further stated the applicant will be required to submit a
Landscape/Screening Plan, Noise Plan, and Waste Handling Plan, and he requested
Development Standard #8 be deleted since it is a duplicate of Development Standard #18.
Mr. Gathman also explained the Planning Commission forwarded this case to the Board of
Commissioners on a tie vote of four to four, thus there was no formal recommendation.
Mr. Gathman displayed a site map and indicated the location of the new access. He also
displayed photographs of the site and surrounding area, which he reviewed for the record. In
response to Chair Kirkmeyer, Mr. Gathman stated the pictures were taken during the first week
of December, 2010. In response to Commissioners Long and Garcia, Mr. Gathman stated the
application materials did not address, and the Draft Resolution does not contain provisions for,
emergency services or public safety/security standards. He further stated there was a similar
type of use proposed near Aristocrat Ranchettes for horse racing; however, it was denied,
based, in part, upon a recommendation from the Sheriff's Office and other concerns expressed
by the public. Commissioner Long explained in that instance the request was for a rodeo facility
which had previously been holding events which resulted in a fatality when an injured person
died while being transported to the hospital in a private vehicle.
Heidi Hansen, Department of Public Works, stated County Road 6 is a local gravel road with 60
feet of right-of-way and an average daily traffic count of approximately 139 vehicles, taken in
2010. She stated the applicant was unable to obtain an agreement with the adjoining property
owners concerning use of the shared access; therefore, he applied for a new access permit,
which was approved on August 5, 2010, and subsequently expired on January 10, 2011. She
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explained the applicant has been unable to complete the required improvements; however, staff
agreed to grant an extension until March 31, 2011, due to winter weather conditions.
Ms. Hansen stated staff has received a lot of neighborhood comments expressing concern
regarding dust and maintenance of the roadway. She acknowledged the applicant has lowered
the attendance from 450 to 150 people, which also decreased the number of vehicles entering
the site. She explained the Department of Public Works does not require dust control on a site
unless it contains a major industrial use, so including a dust abatement provision would be at
the discretion of the Board. Ms. Hansen stated one option would be for the applicant to request
that patrons use County Road 39, which would impact fewer residences. She further stated the
applicant did comply with the requirement for a plan concerning a water quality depression,
which has been submitted and deemed acceptable.
Mary Evett, Department of Public Health and Environment, stated there is an existing three
bedroom home on the site, which is connected to a septic system and domestic well. She
stated the second well is permitted for the proposed commercial use, which operates for six
months or less, therefore, staff is agreeable to allowing portable toilets and hand washing
stations in conformance with the guidelines which have been provided to the applicant
explaining the minimal accommodations based on the hours of operation and the number of
people in attendance. Ms. Evett indicated the applicant will be required to submit a Dust
Abatement Plan and include evidence of the water source, and although the applicant has
provided a copy of his contract for trash removal, he still needs to address the removal of animal
waste. She stated Mr. Soto has indicated he intends to compost the manure; however, the site
does not have adequate space for spreading, therefore, staff is recommending he make
arrangements to have the waste removed. She further stated Development Standard #18 will
restrict noise to the level allowed in the Non-Specified Zone District. In response to Chair
Kirkmeyer, Ms. Evett stated noise levels will be restricted to 55 decibels during the day and
reduced to 50 decibels in the evening, which is comparable to the sound emitted by air
conditioning units or light auto traffic.
Janet Carter, Department of Public Works, displayed an aerial map and indicated the location of
the existing shared access and newly approved access. She stated the new access was
granted because staff wanted to keep the facility traffic separate from the residential traffic, and
the shared access would be allowed to serve as an emergency access. She further stated the
new access was required to meet the 125-foot distance from the existing access due to the
nature of the facility. Ms. Carter explained the applicant will be required to add Class 6 road
base, and she granted an extension until March 31, 2011, to allow adequate time for the
outcome of this USR hearing and possibly improved weather conditions to complete the
remaining work. Responding further to Chair Kirkmeyer, Ms. Carter stated the applicant has
been proactive in addressing the USR requirements. Chair Kirkmeyer commented that
submitting evidence of an application for an access permit would have been sufficient, rather
than actually granting an access for a use that may or may not be permitted.
Chair Kirkmeyer provided the audience with a brief explanation of the proceedings, and stated
the Board will recess from 12:00 p.m., until 1:30 p.m., for lunch meetings if the matter is not
resolved by that time.
Juan Soto, applicant, was accompanied by Bertha Lopez, Department of Human Services, who
provided translation services. Mr. Soto stated he is applying for the necessary permits to
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conduct rodeos on his property. He stated he is willing to have open communications with his
neighbors to address their concerns. He commented that most of the residents in the area also
have animals, and the traffic amounts are nothing new, since many of the neighborhood
residents also drive large vehicles.
Tom Gay Ilk Rael, surrounding property owner, one-half mile south of the subject site, stated he
purchased his property in 1993, with the understanding that the area was zoned A (Agricultural).
He stated the area is not designated for commercial operations, and because he works from
home, he has been able to observe the site as it has been developed. Mr. Rael expressed
concern with the amount of trash generated from the site, high traffic volumes, and lack of dust
control. He stated his Native American heritage is also very offended by the shooting of hawks
and Bald Eagles. He further stated stray animals are also a problem, and he requested the
applicant be required to respect the land and the rights of his neighbors. Mr. Rael stated he
constructed his home with thick insulation; however, he can still clearly hear the noisy music
which overrides the volume of his television. He stated he has made numerous calls to the
Sheriff's Office; however, their warnings have no lasting results. Mr. Rael indicated the
applicant came to his house a year ago, and despite the intimidation factor, he is not willing to
allow activities of this nature to continue. He also submitted a Future Land Use Plan map from
the Brighton Comprehensive Plan, marked Exhibit K, indicating this is not an appropriate use for
the area. In response to Commissioner Conway, Mr. Rael confirmed there have been various
instances when livestock have escaped onto his property and the rodeo participants came over
with horses to drive the animals back; however, he had to repair the fence himself. Responding
to Chair Kirkmeyer, Mr. Soto stated he was not contacted to address issues described by
Mr. Rael; however, he did visit him to inquire if he had turned in complaints. Responding further
to Chair Kirkmeyer, Mr. Rael stated he has observed 200 people at the site, which generates a
lot of noise and trash, and the corral facilities are not adequate for the animals. He also
mentioned they have bonfires late at night, and he is concerned for the livestock in the event of
a fire. Mr. Rael stated he cherishes the natural beauty of the area, and although he has 50
miniature horses that graze on his property, he maintains the site so that it does not harm the
land.
Steve Eber, surrounding property owner, one-half mile southwest of the site, stated the activities
are very noisy, trash is a constant nuisance that only gets worse during events, and he believes
they are shooting the raptors in an effort to protect their chickens. He provided a brief
description of some of the rodeo events and cruel animal treatment, and stated usually at least
one animal has to be euthanized after an event due to the extent of injuries. He stated there
were three horse riders and a car that crossed onto his property last weekend to chase animals
back, and he confirmed that, although there are no residents in the outbuildings at this time,
they have been there in the past. He stated the structures are made of plywood, pallets, and
scrap metal, and he can't sell his property due to the current use on the subject site. In
response to Commissioners Rademacher and Conway, Mr. Eber stated his main contention is
the loud mariachi music, and he has recovered shot raptors on his property; however, he has
not filed any official reports. Responding to Chair Kirkmeyer, Mr. Eber stated he was
approached by Mr. Soto approximately one year ago and at that time he indicated his major
issue of concern was the loud noise. He further stated he has observed 200 to 300 people in
attendance at scheduled events.
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Barron Davis, surrounding property owner, one-half mile west of the subject site, stated the
activities create a considerable disruption by generating a significant amount of traffic, trash,
and noise. He stated his house was built in 2006 with good insulation; however, he can still
hear the music and announcers from half a mile away. He stated his main objection is to the
disruption of the neighborhood tranquility and the negative impact to property values. He also
expressed concern with the poor quality of construction which is not up to standards, unlike
several of the neighbors who have high quality arenas and pens. Mr. Davis stated there have
been instances of steers entering the property south of the site at County Roads 4 and 31, and
the applicant has never offered to pay to have the fence repaired. In response to Chair
Kirkmeyer, Mr. Davis stated he has never spoken with the applicant in person, and verified he
can view the arena from his property, but not the number of people, although he does observe
30 to 35 cars traveling to the site for rodeo events. He expressed concern with the amount of
alcohol that is brought to the site based on the bottles that litter the roadway, and the likelihood
of people driving from the site while under the influence. Responding further to Chair
Kirkmeyer, Mr. Davis indicated he does not believe screening will help, as noise will still be
carried with the wind and his property is located downhill. Responding to Commissioner
Rademacher, Mr. Davis stated he has never observed a rodeo event on the property to the west
of him, and the property to the south has pens that are for the owners' own personal agricultural
use. He clarified many residents in the area own horses and cows, and they do enjoy riding on
the roads with family and friends, which does not have the negative impact that is generated by
the applicant's activities. In response to Commissioner Garcia, Mr. Davis stated the last event
was held at the end of this past summer, and they have stopped for the season.
Susan Folletz, surrounding property owner, stated she agrees with all of the previous
comments, and indicated she cannot adequately express the level of her opposition. She stated
events occur during the day on the weekends, which is when she is home trying to spend time
with her family. Ms. Folletz indicated she initially tried to work with Mr. Soto following an
incident when the police were called to address a complaint; however, the trash was cleaned up
once and since that time the noise, trash, and loose animals have been a constant problem.
She stated the fences have been cut; there are not adequate standards for police to enforce
against excessive noise; and despite offers to use their tractor to dig improved post holes, the
applicant has not made any effort to repair the fence. She further stated the applicant is
currently renting out stalls for horses which results in more people at the site and in the past he
did not provide portable toilets. In response to Commissioner Conway, Ms. Folletz confirmed
there have been instances where patrons at the site have removed the posts and laid down the
fence, or simply cut the wire, and drove animals onto her property without her permission.
Responding to Commissioner Rademacher, Ms. Folletz stated this is an ongoing issue and the
police informed her it was her responsibility to fence the animals out. In response to
Commissioner Garcia, Ms. Folletz stated she is uncertain when the most recent public event
took place; however, there is constant daily activity for feeding and working with the animals.
Responding to Chair Kirkmeyer, Ms. Folletz indicated she has not had any recent contact with
the applicant, and she has witnessed events hosting up to 300 people.
Tammy Ellerman, surrounding property owner to the west, stated she recently purchased and
built a new home, and they do have some pens and an arena. She explained her husband is a
horse trainer, and the arena is for personal use only. Ms. Ellerman indicated she is the
President of the Colorado Junior Rodeo Association and they host a large annual event at
Island Grove; she does not impact her neighborhood. She stated she is also a Realtor, and it is
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her professional opinion that it would be very difficult to sell her property as a result of the
neighboring use. She further stated there are appropriate places to host rodeo events, and it
should not be taking place in their neighborhood. In response to Chair Kirkmeyer, Ms. Ellerman
stated the Colorado Junior Rodeo Association does not recognize, or host, any events in a
"keyhole" shaped arena, and she is uncertain whether the practice of "tailing" is legal.
Ms. Ellerman commented there has been legislative discussion in the past and some arenas
were closed as a result of the practice; however, she has not followed up on that. She further
stated she has not been contacted by the applicant, but she indicated it is hard to spend an
afternoon on her patio with all of the noise.
Cindy Fortenberry, surrounding property owner, stated she resides in the closest residence, and
they have lived there for 17 years. She agreed with all of the prior comments and stated during
events they usually leave their own house to avoid the commotion. She stated last weekend
there were approximately 20 vehicles, with lots of activity, and, if approved, they intend to move.
In response to Commissioner Rademacher, Ms. Fortenberry stated she works outside the
home, so she only observes the activities on the weekends; however, she does know there are
vehicles coming and going all the time. Responding to Commissioner Conway, Ms. Fortenberry
stated animals have escaped onto their property and her husband has either returned the
animals, or helped the owners who come to capture them. Chair Kirkmeyer commented she
observed a mobile home on the site which appeared to be connected to an electrical line;
however, Ms. Fortenberry stated she has not observed a resident.
Mack Fortenberry, surrounding property owner, indicated horses have come through the fence
onto his property, the owners are disrespectful, and they let the goats roam. He stated this
request is not a traditional rodeo with roping events; rather, they conduct Mexican rodeos with
"tailing" events that are borderline illegal. He stated the use also generates a lot of traffic when
the owners come to feed their animals, and two summers ago the events were hosted every
weekend resulting in 70 to 80 vehicles and trailers, trash, noise, and dust, and he is completely
opposed to the request.
Ms. Folletz returned and added Mr. Soto does not live on the site, he rents out the home.
Ken Poncelow, Sheriff's Office, stated staff indicated no concerns based on the application
materials which indicated there would be a maximum of 150 people and no alcohol. Based on
the testimony provided, he pulled up the calls for service for the area ranging from the years
2008 to 2011, which reported 76 calls. He stated in 2010 there were reports of shots being
fired, an assault, littering, three traffic accidents, loud music complaints, and one DUI citation in
which the person indicated they had come from the subject site. Mr. Poncelow stated he also
ran a report for the specific area during the same time and found 46 calls for service, which he
reviewed for the record. He stated, if approved, the Sheriff's Office will need further contact with
the applicant to ensure he has addressed their concerns and the need for security. In response
to Commissioner Conway, Mr. Poncelow reiterated the DUI report indicated the drunk driver
came from the subject site, and he will have to research if the traffic accidents were weather or
liquor related. In response to Commissioner Garcia, Mr. Poncelow stated staff initially had no
concerns; however, based on today's testimony, he wants to ensure there is proper access for
an ambulance and a requirement for security officers on the site as determined by a formal
review in collaboration of Sheriff's Office. In response to Chair Kirkmeyer, Mr. Poncelow stated
he will have to investigate whether "tailing" is legal, or not.
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Mr. Soto stated the concerns expressed by the neighbors are his concerns as well. He stated
he has tried to keep communications open, he is working to address the noise and trash issues,
and he has removed the goats from the property. In response to Commissioner Conway,
Mr. Soto asserted there has been only one occasion when animals damaged a fence, and he
went to the neighbor to get permission before entering their property. Mr. Soto confirmed he did
speak with Mr. Rael and indicated at that time that he would try to limit the noise.
Commissioner Rademacher followed up with questioning based on testimony of multiple
incidents of animals getting out and causing damage, and Mr. Soto continued to assert only two
animals (one horse and one bull) have escaped. He further stated no one is living in the trailer
or the outbuildings. Responding to Commissioner Garcia, Mr. Soto stated he does board
horses for other owners; however, they are responsible for feeding and training their own
animals, and he could not address their activities in his absence. In response to Chair
Kirkmeyer, Mr. Soto stated he lived at the site about 1.5 years ago, but does not currently reside
there. He further stated the mobile home that was observed by Chair Kirkmeyer is not his;
rather, it is located on his neighbor's property and he believes it is used for camping. He further
stated he plans to invest in security to help ensure the events are restricted to 150 people, and
he indicated the practice of "tailing" is no longer taking place at the site. Responding to
Commissioner Conway, Mr. Soto stated no one from his property is shooting directly at raptors,
although his nephew was shooting into the air on New Year's Eve.
Mr. Poncelow returned and clarified there are no current laws prohibiting "tailing"; however,
there is past case history where the practice did result in charges of animal cruelty.
In response to Commissioner Rademacher, Mr. Gathman clarified the language contained in
Development Standard #38 is left general to not exclude certain departmental staff from
entering the site, if necessary. In response to Commissioner Garcia, Mr. Gathman stated the
Board could add Condition of Approval #1.H to state, "The applicant shall develop a Security
Plan, for review and approval, by the Sheriff's Office. Evidence of approval shall be provided to
the Department of Planning Services." He also suggested the addition of a Development
Standard to state, "The applicant shall operate in accordance with the approved Security Plan."
Chair Kirkmeyer stated she is not interested in reviewing the Conditions of Approval and
Development Standards. She stated she does not believe the use is consistent with the existing
or future development in the surrounding area, as evidenced by the public testimony, and she
was personally 1.5 miles from the site on two different occasions and she could hear the music.
She continued by stating past and recent events have been disruptive to the neighborhood,
property values will continue to go down in connection with the appalling condition of the land
and buildings, and she has received numerous calls expressing concern over intimidation
tactics of the applicant and his total disrespect for the neighbors. She acknowledged that
Mr. Soto does not live on the site, and although some of the problems may be stemming from
the actions of his boarders, he is the owner and is responsible for the activities that take place
on his property and ensuring they comply with the established standards.
Commissioner Garcia agreed there are many issues for discussion, and even if the Board
attempted to address or mitigate all of them, he still would not support the application.
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Commissioner Rademacher stated he has many of the same concerns and he is not interested
in supporting the request. In response to Commissioner Rademacher, Mr. Gathman confirmed
the only municipal response received was from the City of Fort Lupton. Commissioner
Rademacher stated he takes exception with the shooting of raptors and commented it is a
federal offence to shoot a Bald Eagle. He further stated "tailing" is a cruel and unacceptable
practice, and it appears the residents of the outbuildings were removed to address concerns
prior to this review. He acknowledged that animals sometimes manage to escape their pens;
however, the applicant should have used better construction, or at least offered to repair any
damages to neighboring properties. He further stated the applicant did not abide by law
enforcement directives and continued with disruptive activities.
Commissioner Conway concurred and stated there does not seem to be a way to mitigate all of
the issues, and there was very strong testimony in which one of the neighbors indicated their
only recourse was to move. He also expressed concern with the applicant's total disregard of
his neighbors' property rights.
Commissioner Long concurred and stated although the applicant could attempt to mitigate the
impacts, it would require a significant financial investment. He stated there are similar uses in
very rural areas which do not result in an adverse impact to the neighbors, so the main problem
in this instance is the location. He advised the applicant that if he intends to continue pursuing
these activities, he needs to relocate to a more rural property.
Commissioner Conway moved to deny the request of Juan Soto for a Site Specific Development
Plan and Use by Special Review Permit #1763 for an Agricultural Service Establishment
primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee
or contract basis, including Commercial Rodeo Arenas and Commercial Roping Arenas, to
include an outdoor arena in the A (Agricultural) Zone District. The motion was seconded by
Commissioner Garcia with the Finding that the proposal does not comply with
Sections 23-2-230.B.1, B.3, B.4, B.6, or B.7, as demonstrated by the prior actions of the
applicant. The motion carried unanimously. Commissioner Conway thanked the public for
attending and taking time from their families and jobs to provide input in the process. There
being no further discussion, the hearing was completed at 12:20 p.m.
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This Certification was approved on the 17th day of January, 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COL
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4� arbara Kirkmeyer, Chair
Weld County Clerk to Bp�yrr� '
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2011-0132
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1763 — JUAN SOTO
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 12/07/2010)
D. Larry Modak Letter of Concern, dated 12/08/2010
E. Cindy Smith-Fortenberry Letter of Concern, dated 12/12/2010
F. PETA Letter of Concern, dated 01/05/2011
E-mail re: Combining Development Standards #19 and
G. Health Staff #23, dated 01/10/11
E-mail re: Corrected Referral response, dated
H. City of Fort Lupton 12/13/2010
I. Ellen ? E-mail of Concern, dated 01/12/2011
J. Public Works Staff Access discussion map
K. Tom Gay Elk Rael Brighton Future Land Use Map, dated 06/09/2009
L. Ken Poncelow Sheriff Office Incident List re: CR 6, 01/01/08-01/10/11
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