HomeMy WebLinkAbout20101060.tiff INVENTORY OF ITEMS FOR CONSIDERATION
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3 Referral List X
Referrals without cove.i&eiit
N, Colorado Division of Wildlife, referral dated January 31, 2010
Weld County School District, RE-1, referral dated January 30, 2010
Platteville-Gilcrest Fire Protection District, referral dated January 14, 2010
Town of Platteville, referral dated January 14, 2010
4 Referrals with covuvvevtts X
Weld County Zoning Compliance, referral dated January 12, 2010
Weld County Department of Building Inspection, referral dated January 14,
2010
Colorado Division of Water Resource, referral dated January lye Zo/o
N. Weld County Department of Public Health and Environment, referral dated
February 5, 2010
Weld County Department of Public Works, referral dated January 28, 2010
State Department of Agriculture — Pet Animal Care Facilities Act,
• electronic mail dated April 12, 2010
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I `D C LAND USE APPLICATION
SUMMARY SHEET
COLORADO
Case Number: USR-1732 Hearing Date: May 4, 2010
Applicant: Michael & Pamela Weiss -- 14015 County Road 26, Platteville, CO 80651
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (to
accommodate 15 personal dogs), in the A (Agricultural)Zone District
Legal Description: Lot B RE-3666; located in Part of the W2SW4 of Section 33, T3N, R66W of the
6th P.M., Weld County, Colorado
Location: North of and adjacent to CR 26 and approximately 1 mile west of CR 31
Size of Parcel: +/- 80 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
• The Department of Planning Services' staff has received responses from the following agencies without
comment:
• Colorado Division of Wildlife, referral dated January 31, 2010
• Weld County School District, RE-1, referral dated January 30, 2010
• Platteville-Gilcrest Fire Protection District, referral dated January 14, 2010
• Town of Platteville, referral dated January 14, 2010
The Department of Planning Services' staff has received responses from the following agencies with
comment:
• Weld County Zoning Compliance, referral dated January 12, 2010
• Weld County Department of Building Inspection, referral dated January 14, 2010
• Colorado Division of Water Resource, referral dated January 26, 2009
• Weld County Department of Public Health and Environment, referral dated February 5, 2010
• Weld County Department of Public Works, referral dated January 28, 2010
• State Department of Agriculture — Pet Animal Care Facilities Act, electronic mail dated April 12,
2010
The Department of Planning Services' staff has not received responses from the following agencies:
• Platte Valley Soil Conservation District
• USDA-APHIS (USDA-Animal & Plant Health Inspection Service)
• Colorado Department of Transportation (CDOT)
• Colorado Division of Wildlife
• WEIss: USR-1732
PAGE 1
• is
0 • SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Kim Ogle
Case Number: USR-1732 Hearing Date: May 4, 2010
Applicant: Michael & Pamela Weiss -- 14015 County Road 26, Platteville, CO 80651
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (to
accommodate 15 personal dogs), in the A (Agricultural) Zone District
Legal Description: Lot B RE-3666; located in Part of the W2SW4 of Section 33, T3N, R66W of the
6th P.M., Weld County, Colorado
Location: North of and adjacent to CR 26 and approximately 1 mile west of CR 31
Size of Parcel: +/- 75 acres Parcel Number: 1211-33-3-00-018
•
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20 A.Goal 1 states, "Respect and encourage the continuation of agricultural
land uses and agricultural operations for purposes which enhance the economic health
and sustainability of agriculture." The parcel on which the Kennel facility is located is a
Recorded Exemption created in November 2003 and consists of approximately 75 acres.
There are existing improvements: The Weiss residence, outbuildings and numerous oil
and gas encumbrances. The Kennel is for personal use of their 15 dogs.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.K of the Weld County Code provides for
Kennels (to accommodate 15 personal dogs), in the A (Agricultural) Zone District.
• WEIss: USR-1732
PAGE 2
• C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The existing kennel which has an active zoning violation
(ZCV-09-00175) for the presence of too many household pets is seeking approval at this
location for 15 dogs owned by the property owner. Surrounding properties are
predominately agricultural in character. West of the property is farmed and has a center
pivot; North of the property are two residences with horse on dryland pasture; East is a
residence with cattle on dryland pasture, South of the site is the nearest residence at
1528 feet from the Weiss residence and across CR 26 is an agricultural crop dusting
business permitted under USR-1504. Staff contends that the existing use is compatible
and that the Development Standards and Conditions of Approval will ensure that this use
is compatible with adjacent uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site is located within the 3-mile referral area for the Town of
Platteville. The Town in a referral dated January 14, 2010, indicated they had reviewed
the request and find no conflicts with their interests.
E. Section 23-2-220.A.5 -- The site is not located within the floodplain as defined by the
FIRM Community Panel Map 080266-0860C, dated September 28, 1982.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
• Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The site is located
in land designated as "Other" according to the according to the U.S.D.A. Soil
Conservation Map, dated 1979.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-400 — The attached conditions of approval and development standards will
ensure that the kennel will be operated according to the supplementary kennel
requirements outlined in this Section of the Weld County Code.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1732. (Department of Planning Services)
• WEIss: USR-1732
PAGE 3
• B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Road 26 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld County.
(Department of Public Works)
C. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
D. The applicant shall submit three (3) paper copies of the plat for preliminary approval to
the Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
• 3. The Department of Planning Services respectively requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to maps(o.co.weld.co.us. (Department of Planning Services)
• WEiss: USR-1732
PAGE 4
• SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Pamela & Michael Weiss
USR-1732
1. The Site Specific Development Plan and a Special Review Permit for a kennel (to accommodate
15 dogs), in the A (Agricultural) Zone District, and subject to the Development Standards stated
hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall have no employees. (Department of Planning Services)
4. Dogs shall be kept indoors during night-time hours (7 PM to 7 AM). (Department of Planning
Services)
5. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be
removed from the facility and disposed by a commercial hauler. (Department of Public Health and
Environment)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
• Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health
and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
9. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
10. The applicant shall comply with the Colorado Department of Agriculture (CDA), Division of Animal
Industry, if applicable. (Department of Public Health and Environment)
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall
be operated in accordance with the approved dust abatement plan at all times. (Department of
Public Health and Environment)
12. This facility shall adhere to the maximum permissible noise levels for non-specified areas as
delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
13, The facility shall utilize the existing individual well, permit number 251600. (Department of Public
Health and Environment)
• Weiss: USR-1732
PAGE 5
• 14. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
16. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
17. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds. (Department of Public
Works)
18. The existing access to the parcel shall remain the primary point of ingress and egress.
(Department of Public Works)
19. There will be no parking or staging of vehicles associated with this facility on the County Roads.
(Department of Public Works)
20. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
• 21. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
22. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
25. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
26. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards as shown or stated shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
27. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
• WEISS: USR-1732
PAGE 6
• tf:1;.\:"
DEPARTMENT OF PLANNING SERVICES
(it 1555 N 17`"AVE
GREELEY, CO 80631
PHONE: (970)353-6100, 3540
FAX: (970) 304-6498
COLORADO
April 20,2010
Michael &Pamela Weiss
PO Box 663
Platteville CO 80651
Subject: USR-1732- A Site Specific Development Plan and Use by Special Review Permit for a Kennel (up to 15
personal dogs) in the A(Agricultural)Zone District on a parcel of land described as Lot B RE-3666; located in Part of
the W25W4 of Section 33,T3N, R66W of the 6th P.M.,Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 4, 2010, at 1:30 p.m. This meeting
•
will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A
subsequent hearing will be held on May 26, 2010 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended
that you and/or a representative be in attendance to answer any questions the Planning Commission members or
Board of County Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral
estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning
Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to
the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the
hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way,
one sign will be posted in the most prominent place on the property and a second sign posted at the point at which
the driveway(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld
County Planning Commission and will be included in the staff report one week prior to the scheduled Planning
Commission hearing. You may view the staff report at
www.co.weld.co.us/departments/planning/Planning/plan current
If you have any questions concerning this matter, please call.
Respectfully,
Reaso b signed by authorine of
yamlem
eeaw..lamme a„mo,onm,document
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Date-20100420,¢,Itl<d6 W'
Kim Ogle
Planner
•
PLANNING COMMISSION AND BOARD OF COUNTY
• COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 23, 2O1O THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE
SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A KENNEL (TO
ACCOMMODATE 15 PERSONAL DOGS), IN THE A (AGRICULTURAL) ZONE DISTRICT
USR-1732 WEISS.
KIM OGLE
Name of Person Posting Sign
•
Sign re of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me thisi day of / , 2010.
WITNESS my hand and official seal. 4,
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otary Public • •�
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0 FIELD CHECK Inspection Date : April 21 , 2010
Case Number: USR-1732
Applicant: Michael & Pamela Weiss -- 14015 County Road 26, Platteville, CO 80651
Request: A Site Specific Development Plan and a Special Review Permit for a Kennel (to
accommodate 15 personal dogs), in the A (Agricultural) Zone District
Legal Description: Lot B RE-3666; located in Part of the W2SW4 of Section 33, T3N , R66W of the 6th
P. M. , Weld County, Colorado
Location: North of and adjacent to CR 26 and approximately 1 mile west of CR 31
Size of Parcel: +/- 80 acres
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural with residence
S A (Agricultural) S Agricultural with oil and gas encumbrances; Aerial
Spraying Company located southwest of site
• W A (Agricultural) W Agricultural with residence
House and physical improvements are located mid parcel well off of the road and all
improvements are difficult to see from CR 26. The access road is gated and internal is graveled
and graded . Property is in native grasses.
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View from County Road 26 View from oil and gas road south of site
ik: \ le Planner
1111
• MEMORANDUM
ILTO: Case File— USR-1732
COLORADO DATE: March 17, 2010
FROM: Kim Ogle, Planning Services
SUBJECT: Amendment to USR-1732 Request
The initial USR-1732 request was for a kennel for 25 dogs, including the applicants' 13
dogs and up to 12 additional dogs that are owned by friends and relatives which may
result in up to 25 dogs on the property. There are no employees associated with the
kennel.
In discussion with the applicant, Pamela and Michael Weiss, the numbers of animals
associated with the Kennel has been reduced to 15 personal dogs that are owned by
the applicant and property owner.
This reduction in numbers addresses the concerns of the referral agencies, including
the Division of Water Resources, the Department of Public Health and Environment,
• and according to the applicant the Colorado State Department of Agriculture — Pet
Animal Care Facilities Act. To the latter, staff has not received documentation so
indicating, therefore Condition of Approval 1.C.1 addresses this issue.
•
D
•
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
111 g Greeley, Colorado 80631
C. co.weld.co.us
PHONE @
(970) 30705 49
FAX 304-6498
COLORADO ( )
February 16, 2010
Michael and Pamela Weiss
Post Office Box 663
Platteville, Colorado 80651
Subject: Referral Responses for case number USR-1732-Request for a Site Specific Development
• Plan and Use by Special Review Permit for a Kennel (13 personal dogs and occasional dog sitting
with up to 25 dogs total) in the A (Agricultural) Zone District on a parcel of land described as Lot B
RE-3666; located in Part of the W2SW4 of Section 33, T3N, R66W of the 6th P.M., Weld County,
Colorado
Dear Michael and Pamela Weiss:
The Department of Planning Services is in receipt of referrals for your proposed kennel which
are enclosed. The Division of Water Resources has concerns with the permitting of the existing
well, reference paragraph 3 of their letter dated January 14, 2010. This change of well use may
have other ramifications which should be explored in greater detail with Joanna Williams, Water
Resource Engineer or loana Comaniciu, Water Resource Engineer. Both may be reached at
303-866-3581.
The Environmental Health Services division also had several comments as are outlined in their
referral dated February 5, 2010. Their specific concerns are addressed in paragraphs 2, 3, and
5. Please review their statements specific to water, lavatory availability and disposal of wastes.
Please review these documents and call to further discuss. These requirements are not
insurmountable, but they may be a bigger issue after your discussion with the Division of Water
Resources. I would request a telephone meeting to discuss the options as reflected in the
referrals in the next two weeks.
• All referrals being equal, I would propose to move this case forward to an April 6, 2010 Planning
Commission hearing date.
• Should you have additional questions or require clarification on any of the points presented
herein, please contact this office. Thank you.
Sincerely,
Kim Ogle
Planning Services
Enclosures
ec: T.Jiricek,Director
K.Ranslem,Planning Technician
File: USR-1732
•
•
• DEPARTMENT OF PLANNING SERVICES
918 10TH Street
IlDGREELEY, CO 80631
C. PHONE: (970) 353-6100, Ext. 3540
30 FAX: (970) 304-6498
COLORADO
January 8, 2010
Michael & Pamela Weiss
PO Box 663
Platteville CO 80651
Subject: USR-1732 - Request for a Site Specific Development Plan and Use by Special Review Permit
for a Kennel (13 personal dogs and occasional dog sifting with up to 25 dogs total) in the A
(Agricultural) Zone District on a parcel of land described as Lot B RE-3666; located in Part of
the W2SW4 of Section 33, T3N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I will
• schedule a meeting with you to discuss the referrals after we have received them.
Once the concerns and requirements of the referral agencies have been met or the applicant has shown
an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of
the property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Platteville Planning
Commission for their review and comments. Please call Platteville at 970-785-2245 for further details
regarding the date, time, and place of this meeting. It is recommended that you and/or a representative
be in attendance at the Platteville Planning Commission meeting to answer any questions the
Commission members may have with respect to your application.
If you have any questions concerning this application, please call.
Respectfully,
Reason'. have reviewed this Greeley
document
Location18 742-ey00
Date:2010.01.12 08.3]:42-0]'00'
Kim Ogle
Planner
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0
Kristine Ranslem
rom: Kristine Ranslem
nt: Tuesday, January 12, 2010 1:10 PM
o: 'Roy Spitzer'
Subject: USR-1732 Field Inspection
Attachments: usr1732.docx
We have just received a case (USR-1732) in which we ask that you review the material and send a referral to
us by February 8, 2010. The following is a quick link to the case in question:
http://www.co.weld.co.us/redesign/Planning/PlanningDepartment/index.html
Attached is the field inspection sheet. If you have any problems or have any questions, please don't hesitate
to contact me at the number below. Thank you!
K.ri,5tLve RPvusLC 1&
Planning Technician
Weld County Planning Services
918 10 Street, Greeley CO 80631
970-353-6100 ext. 3519
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