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Weld County Department of Public Health and Environment, referral dated
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LAND USE APPLICATION
SUMMARY SHEET
Case Number: USR-1718 Hearing Date: December 1, 2009
Applicant: Heliberto and Teresa Perez
Address: 15643 Higgins Avenue; Fort Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (parking of commercial vehicles and equipment — two trucks, two
trailers and associated equipment) in the A (Agricultural) Zone District
Legal Description:
Location:
Part SW4 Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld
County, Colorado, further described as Lot 6, Block 34 Aristocrat Ranchettes,
Second Filing.
North of and adjacent to Higgins Avenue and 200 feet East of Henry Street
Size of Parcel: +/- 1 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses with comments from the following
agencies:
• Weld County Department of Public Health and Environment, referral dated October 9, 2009
• Weld County Department of Public Works, referral dated October 5, 2009
• Weld County Zoning Compliance, referral dated September 8, 2009
The Department of Planning Services has received responses without comments from the following
agencies:
• Colorado Division of Wildlife, referral dated September 15, 2009
• Aristocrat Ranchettes Water District, referral dated October 15, 2009
The Department of Planning Services' staff has not received responses from the following agencies:
Weld County Department of Building Inspection
Colorado Department of Transportation (CDOT)
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EXHIBIT
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• Platte Valley Soil Conservation District
• Fort Lupton Fire Protection District
• City of Fort Lupton
• Weld County School District RE -8
• Weld County Sheriff's Office
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Perez USR-1718
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COLORADO
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle
Case Number: USR-1718 Hearing Date: December 1, 2009
Applicant: Heliberto and Teresa Perez
Address: 15643 Higgins Avenue; Fort Lupton, CO 80621
Request: A Site Specific Development Plan and a Special Review Permit for a Home
Business (parking of commercial vehicles and equipment — two trucks, two
trailers and associated equipment) in the A (Agricultural) Zone District
Legal Description: Part SW4 Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld
County, Colorado, further described as Lot 6, Block 34 Aristocrat Ranchettes,
Second Filing.
Location: North of and adjacent to Higgins Avenue and 200 feet East of Henry Street
Size of Parcel:
+/- 1 acres Parcel Number: 1309-27-4-03-008
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.G A.Policy 7.2. of the Weld County Code states: "Conversion of
agricultural land to nonurban residential, commercial and industrial uses should be
accommodated when the subject site is in an area that can support such development,
and should attempt to be compatible with the region."
Section 22-2-20 I.A.Goal 9.of the Weld County Code states: "Reduce potential conflicts
between varying land uses in the conversion of traditional agricultural lands to other land
uses."
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The applicant is proposing to park a total of two (2) trucks (one more than the amount
allowed as a use by right in the Agricultural zone district) along with two (2) trailers. The
Department of Planning Services is requiring a Screening Plan be submitted to screen
the vehicles and trailers.
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.O of the Weld County Code provides for a
Home Business as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
This use meets the intent of a "Home Business" as defined in the Weld County Code.
The home business criteria outlined in Section 23-1-90 are:
1) The use is conducted primarily within a dwelling unit or accessory
structure and principally carried on by the family resident therein and
2) Such use is clearly incidental and secondary to the principal permitted
use and shall not change the character thereof.
Staff has received no letters or telephone calls concerning the on -site activity. The
attached Conditions of Approval (requiring the trucks to be screened) and Development
Standards will ensure that the proposed use is compatible with the surrounding area.
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. This site is located within the 3 -mile referral area for City of Fort
Lupton; a referral response has not been received from the City of Fort Lupton. It is the
opinion of the Department of Planning Services that this facility will be compatible with
the future development of the surrounding area.
E. Section 23-2-220.A.5 -- The application complies with Article V, Divisions 1, 2, 3 and 4 of
the Weld County Code, as the site does not lie within any Overlay Districts.
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 parcel is
approximately one (1) acre in size with an existing residence and garage on the property.
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.
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This USR is being sought to correct a zoning violation (ZCV-09-00133) for storing commercial vehicles
and equipment on a property without first obtaining the necessary Special Use Permit. Should this
application be approved, the violation will be dismissed. If denied, the number of commercial vehicles on
site will need to be reduced to (1) one. If not reduced to one (1) vehicle within 30 -days, legal proceedings
will commence.
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:
The applicant shall submit a dust abatement plan, detailing on site dust control
measures, for review and approval, to the Environmental Health Services, Weld County
Department of Public Health & Environment. Written evidence of approval must be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
B. The applicant shall submit a waste handling plant to the Weld County Department of
Public Health & Environment. The plan shall include at a minimum, the following
(Department of Public Health and Environment):
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). Written evidence of approval must
be submitted to the Department of Planning Services.
C. In the event washing of vehicles will occur on site the applicant shall ensure that any
vehicle washing area shall capture all effluent and prevent discharges from the washing
of vehicles in accordance with the Rules and Regulations of the Water Quality control
Commission, and the Environmental Protection Agency. Vehicle washing areas must be
designated on the plat. Written evidence of approval must be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
D. The applicant shall address the requirements of the Department of Public Works as
stated in their referral response dated October 5, 2009. Written evidence of Public Works
approval shall be submitted to the Department of Planning Services. (Department of
Public Works)
E. The applicant shall submit a screening plan for review and approval by the Department of
Planning Services. The semi trucks and trailers shall be screened by an opaque fence (or
landscaping material) from adjacent properties and rights -of -way or shall be placed inside
an enclosed building. If vehicles are parked inside a future on -site structure, an
amendment to the Special Use Permit will not be required. (Department of Planning
Services)
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F. The applicant shall complete all proposed improvement including those regarding
screening or enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat. (Department of Planning
Services)
G. The plat shall be amended to delineate the following:
1. The plat shall comply with Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. All sheets of the plat shall be labeled USR-1718. (Department of Planning
Services)
4. Higgins Avenue is a local gravel road and requires an 60 -foot right-of-way at full
build out. This road is maintained by Weld County. Pursuant to the definition of
setback in the Weld County Zoning (23-1-90), the required setback is measured
from the future right-of-way line. (Department of Public Works)
5. The parking surface materials shall be indicated (gravel, recycled asphalt or
equivalent). (Department of Public Works)
6. The water quality control feature to control run-off must be delineated on the plat.
(Department of Public Works)
7. The approved Screening Plan. (Department of Planning Services)
G. 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 the surveyor provide a digital copy of
this Use by Special Review. 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 mapsco.weld.co.us. (Department of Planning Services)
4. The Special Review activity shall not occur nor shall any building or electrical permits be issued
on the property until the Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Heliberto and Teresa Perez
USR-1718
1. The Site Specific Development Plan and a Special Review Permit for a Home Business (parking
of commercial vehicles and equipment — two trucks, two trailers and associated equipment) 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. All vehicles and trailers associated with this use shall be currently licensed and operational.
(Department of Planning Services)
Outdoor storage shall be limited to two trucks, two trailers and associated equipment.
(Department of Planning Services)
5. Hours of operation (hours of trucks leaving and returning to the site) shall be limited to 7 AM to
7PM; Monday through Saturday. (Department of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
9. 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)
10. The facility shall adhere to the maximum permissible noise levels allowed in the (Commercial)
Zone Districts as delineated in Section 14-9-30 of the Weld County Code. (Department of Public
Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided at all times. (Department of Public
Health and Environment)
12. The applicant shall operate in accordance with the approved Waste Handling Plan at all times.
(Department of Public Health and Environment)
13. Commercial vehicle and/or equipment washing is prohibited in accordance with the restrictions of
Aristocrat Ranchettes Water Project permit number RAM 634. (Department of Public Health and
Environment)
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14. 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). (Department of Planning Services)
15. 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) (Department of
Planning Services)
16. The historical flow patterns and run-off 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. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
18. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled
asphalt or the equivalent and shall be graded to prevent drainage problems. (Department of
Public Works)
19. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
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20. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250, Weld County Code.
21. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
22. 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.
23. 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.
24. 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.
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Perez USR-1718
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November 17, 2009
Heliberto & Teresa Perez
PO box 92
Ft. Lupton CO 80621
DEPARTMENT OF PLANNING SERVICES
918 10TM Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: USR-1718- A Site Specific Development Plan and Use by Special Review Permit for a Home Business (truck
and equipment parking) in the A (Agricultural) Zone District on a parcel of land described as Lot 6, Block 34, 2n°
Aristocrat Ranchettes; located in Section 27, T2N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 1, 2009, 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 December 30, 2009 at 10:00 a.m., in the Chambers of the Board of County
Commissioners, Weld County Centennial Center, 915 10'" 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.ca.weld.co.us/departments/planning/Planning/plan current
If you have any questions concerning this matter, please call.
Resp,
KihfDg
Planner
PLANNING COMMISSION AND BOARD OF COUNTY
COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS NOVEMBER 20, 2009 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 FORA SITE
SPECIFIC DEVELOPMENT PLAN AND A SITE SPECIFIC DEVELOPMENT PLAN AND A
SPECIAL REVIEW PERMIT FOR A HOME BUSINESS (PARKING OF COMMERCIAL VEHICLES
AND EQUIPMENT - TWO TRUCKS, TWO TRAILERS AND ASSOCIATED EQUIPMENT) IN THE
A (AGRICULTURAL) ZONE DISTRICT
Kim Ogle
Name of Person Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
WITNESS
.—_ .and . official
seal. _ ,- t e thiLiday of / b l lam/' , 2009.
COUNTY OF WELD
The foregoing instrument was subscribed a _r .
TA,Q`
CO..O�P
Public
My Commission Expires:
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FIELD CHECK
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CASE NUMBER: USR-1718
V/i71
DATE OF INSPECTION:
APPLICANT'S NAME: Heliberto & Teresa Perez
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (truck and equipment parking) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot 6, Block 34, 2nd Aristocrat Ranchettes; located in Section 27, T2N, R66W of
the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Higgins Ave and east of Henry Street.
LAND USE:
N
E
S
0
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W
• ZONING:
N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS: L Ian �t s't_o- `n J
yv. 1 U L • 21, ► - ivy t �n A\,2
n
a.(] r -e -e
P.C. Member
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HELD CHECK
Inspection Date: November 19, 2009
Applicant:
Address:
Request:
Heliberto and Teresa Perez Case # 1718
15643 Higgins Avenue; Fort Lupton, CO 80621
A Site Specific Development Plan and a Special Review Permit for a Home Business
(parking of commercial vehicles and equipment — two trucks, two trailers and associated
equipment) in the A (Agricultural) Zone District
Legal Description: Part SW4 Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld County,
Colorado, further described as Lot 6, Block 34 Aristocrat Ranchettes, Second Filing.
Location:
Size of Parcel:
North of and adjacent to Higgins Avenue and 200 feet East of Henry Street
+1- 1 acres
Zoning
Land Use
N
Agricultural
N
Residential
E
Agricultural
E
Residential
S
Agricultural
S
Residential
w
Agricultural
W
Residential
Comments:
Existing improvements on 1 acre parcel. Residence with detached garage and area for parking vehicles. Access drive is
graveled and graded. Property is fenced and gated. Two dogs are present. Landscaping is in place and no additional
landscaping is required. The area for the parking of vehicles is graded, but not fenced with an opaque screen or fence material.
Surrounding lands are residential in character. Within a two block radius there is a kennel (USR1252) to the southeast and a
p} blic utility (USR-819) to the northwest
Signature
J House(s)
Outbuilding(s)
Ni Access to Property
❑ Crop Productions
J Site Distance
Mobile Home - Principal
a Other Animals On -Site
❑ Water Bodies
❑ Ditch
❑ Derelict Vehicles
❑ Non-commercial junkyard (list components)
❑ Irrigation Sprinkler
❑ Crops
❑ Wetlands
❑ Oil & Gas Structures
❑ Wildlife
❑ Utilities On -Site (transmission lines)
o Topography
Note any commercial business/commercial vehicles that are operating from the site. PRESENT
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COLORADO
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September 8, 2009
Heliberto & Teresa Perez
PO box 92
Ft. Lupton CO 80621
DEPARTMENT OF PLANNING SERVICES
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
Subject: USR-1718 - Request for a Site Specific Development Plan and Use by Special Review Permit for
a Home Business (truck and equipment parking) in the A (Agricultural) Zone District on a parcel
of land described as Lot 6, Block 34, 2n° Aristocrat Ranchettes; located in Section 27, T2N, 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 Ft. Lupton Planning Commission
for their review and comments. Please call Ft. Lupton at 303-857-6694 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
Ft. Lupton 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,
%tis Comw, tar
Kim Ogle
Planner
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