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Home My WebLink About20060647.tiff 10/25/2005 09: 58 3039381526 JUDS0N C HITE ATTY PAGE 02 ]UDSON C. HITE ATTORNEY P.C. A PROFESSIONAL SERVICE COMPANY 250 ARAPAHOE AVENUE,SUITE 301 BOULDER,COLORADO 80302 TELEPHONE(303)938-1231 FACSIMILE(303)938-152b October 28,2005 Ms. Jacqueline Hatch Weld County Colorado Department of Planning Services 918 106' Street Greeley, CO 80631 Re: USR-1523:David&Beverly Heussmann Dear Ms. Hatch: As we have discussed,my clients and are I are exploring possible means by which certain of the concerns expressed by the Weld County Planning Commission might be addressed prior to requesting that this matter be taken before the Weld County Board of County Commissioners. Specifically, we are concerned by reports that the health of a neighbor, Dianne Peterman, is being impacted and wish to determine whether there may be mitigating actions the Heussmann's might implement to reduce any such impacts. We intend to work with veterinary experts from the state of Colorado, the Weld County Department of Public Health and Environment,and(hopefully) directly with Ms. Peterman and George Scott. Options we hope to explore include limiting the number of game birds; furthering the set-back of where birds are kept away from property lines; and determining whether screening or air management control devices might improve matters. We anticipate requiring possibly 60 to 90 days to frilly explore these options, at which time the Heussmanns will be able to determine whether to proceed with their application or withdraw same and discontinue these pursuits. In the interim, I would be happy to periodically report to you on the progress of these investigations. Again, thank you for your assistance in this endeavor. If you, or any of the other recipients of this letter have any questions or comments, please call. V y yours, Jud n C. Hite Mr. David W. and Mrs. Beverly J. Heussmann Lee Morrison, Esq. 2006-0647 Ms. Bethany Salzman Ms. Charlotte Davis EXHIBIT use #i523 LICENSED IN COLORADO&ILLINOIS Page l of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, November 07, 2005 8:11 AM To: 'judsonhite@hitelaw.org' Subject: USR-1523 David & Beverly Heussmann Dear Mr. Hite, I have received your request for an extension of time for USR-1523 - David and Beverly Heussmann in a letter dated October 28, 2005. The Department of Planning Services has determined that an extension of sixty (60) days is adequate. On January 3, 2006 the Heussmann's application will be forwarded on to the Board of County Commissioners to set a hearing date. If you would like to include any additional information in your application please feel free to submit the material to me prior to January 3, 2006. If you have any additional questions please do not hesitate to contact me Thanks, Jacqueline 11/07/2005 JUDSON C. HITE ATTORNEY PC. A PROFESSIONAL SERVICE COMPANY 250 ARAPAHOE AVENUE,SUITE 301 BOULDER,COLORADO 80302 TELEPHONE(303)938-1231 FACSIMILE(303)938-1526 December 27, 2005 VIA FACSIMILE Lee D. Morrison, Esq. Assistant County Attorney 915 10th Street Greeley, CO 80632 Re: USR-1523:David&Beverly Heussmann Dear Mr. Morrison: As you know, I represent the Heussmanns in the above-referenced application respecting a family concrete forming business and a wild game bird roost. In that capacity, you and I have had occasion to discuss the taxonomic classification of the game birds--which,at least initially, Weld County has determined to be"household pets"under its zoning ordinance. Attached is a letter from Dr. Mathew Johnston,Assistant Professor of Zoological Medicine, Colorado State University, confirming that the two avian species on the Heussmann property, quail and chukar partridge, are of the order Galliformes, family Phasiaidae—as are chickens, turkeys,peafowl, and pheasants—all of which Dr. Johnston and other veterinarians classify as POULTRY species. Respectfully, I offer that for purposes of Weld County's zoning ordinance, the Heussmann quail and partridges should likewise be classified as poultry, a subset of the ordinance's definition of LIVESTOCK, instead of being defined as household pets. Consequently,I also offer that the Heussmann's proposed game bird roosting activities are properly defined as a LIVESTOCK CONFINEMENT OPERATION/L.C.O. instead of a kennel. Please let me know whether you agree with these definitional clarifications. y yours, J dso C. Hite EXHIBIT Mr. David W.and Mrs. Beverly J. He mann Ms. Jacqueline Hatch aS? t/, 3 LICENSED IN COLORADO&ILLINOIS Coloco University Knowledge to Go Places Department of Clinical Sciences Veterinary Medical Center College of Veterinary Medicine and Biomedical Sciences 300 West Drake Road Fort Collins,Colorado 80523-1678 Phone:(970)297-1274 FAX:(970)297-1275 Judson C.Hite,Attorney P.C. 250 Arapahoe Ave., Ste. 301 Boulder, CO 80302 Dear Mr.Hite: This letter is written at your request regarding the Bobwhite quail and Chukar partridges owned by Mr.Wade Heussman of 525 McClure Road,Firestone,Colorado 80520,for clarification as to the taxonomic classification of these two species of birds. Like other poultry,both species fall into the order Galliformes, family Phasiaidae. Domestic chickens are genus Gallus,species gallus. Domestic turkeys are genus Meleagridis species gallopavo. Bobwhite quail are genus Colinus, species virginianus. Chukar partridges are genus Alectoris, species chukar. All species that fall into the family Phasiaidae are considered poultry species by avian veterinarians(these include chickens,turkeys,peafowl,partridges,pheasant, and quail). Certainly,no avian veterinarian would categorize Bobwhite quail or Chukar partridges as household pets or exotic species. Sincerely, Matthew S.Johnston,VMD, ABVP—Avian Assistant Professor of Zoological Medicine I-M M1 :CSU MEDI CAL FADS FAX N7. :9704914107 Dec. 22 2005 03:1RPM P2 • CSU VETERINARY TEACHING HOSPITAL DISCHARGE SUMMARY SHEET Case number: 221204 Clinician: JOHNSTON, MATT Invoice nunber: 956745 HEUSSMAHN, MADE Cost Center: EXOTICS Admit date: 12/15/2005 525 MCCLURE Primary cmplaint: NBH/DRW OFF FECAL TEST Admit time: 9:00 AN FIRESTONE. CO 80520 H: (303) 589-1427. Referring clinician: Ref. DVM Notified: /_/_ H: Fax: Letter [ ] Phone [ ] Fax [ ] Animal name: BIRD 2 Address: Necropsy findings reported to: Species: AVI Breed: QUAIL Sex/status: U U Color: GREY Birthdate: 06/01/2005 Referring OW [ ] . client [ ] Dismissal Date: / /_ SLIPWAY LODE FINAL DIAGNOSIS OF CLINICAL SIGNS Aoki-114--( BI P11) - o''M- 6 4-c6 OPERATIONS PERFORMED anfarr 0-14111PICAIA0t t ' j'COMPLICATIONS I: [ ] Medical: _ .{ [ ] Surgical: [ ] Anesthesia: DISCHARGE STATUS: Alive [ ] Died [ ] EuthanasiC4 Necropsy [ ] No Necropsy [ ] CLINICIAN'S CASE SUMMARY (To include pertinent history. physical diagnostic findings, therapy instructions.) See: RIG [ ] Referral Letter [ c et t sc-s L• Curfar QUAD tTIF7CATTOh1 ft{�s Eu-r1- At khcy 7 A 02.1 S ' ( A /.2/16 -p 3 .5 a D,Po{fi065 • z�° rd, cirri yaw N DVM Name of Faculty Clinician DVM •FROM :CSU I'ED)CAL RECORDS FAX H0. :9704914107 Dec. 22 2@05 03:19PM P3 • CSU VETERINARY TEACHING HOSPITAL DISCHARGE SUr44ARY SHEET i'. • • Case comber: 221203 Clinician: JOHNSTON, NATT Invoice number: 956743 HEUSSMANN, RACE Cost Center: EXOTICS Admit date: 12/15/2005 .525 MCCLURE Primary c®plaint: NBH/DROP OFF FECAL TEST Admit time: 9:00 AM FIRESTONE: CO 80520 H: (303) 589-1427 Referring clinician: Ref. DVN Notified:_/ N: Fax: Letter [ ] Phone [ ] Fax [ ] Animal name: BIRO) 1 Address: Necropsy findings reported to: Species: AVI Breed: QUAIL Sex/status: U U Color: GREY Birthdate: 06/01/2005 Referring SW [ ] client [ Dismissal Date: / /— SAY CODE :I FINAL DIAGNOSIS OF CLINICAL SIGNS G� L7'4`1 c-tly' At PA ADGE oPERATIONS PERFORMED • • otl-tfmy( aup n FT C. Tldt.1 COMPLICATIONS [ ] Medical: t. [ ] Surgical: C ] Anesthesia: DISCHARGE STATUS: Alive C] Died [ ] Euthanasia Necropsy [ ] No Necropsy [ ] CLINICIAN'S CASE SUMMARY (To include pertinent history, physical diagnostic findings, therapy instructions.) See: RB [ ] Referral Letter [ ] p g fl'iE9—C rt AL OUT—POT- G2n r.s11ftC.-Pone h� A (2-)15 - I A i2/6 — 7. 3 c DeoffiNGs gf 1 . PCf.2(oeb fa/ 6. 1 6oDD.f• (J • Name of Faculty Clinician _ WX Table 2. Daily poultry manure production. Livestock waste facilities handbook, Midwest Plan Service, March 1985. Type Manure N P2O5 K2O lbs Turkey 0.70 0.009 0.008 0.004 Chicken Layer 0.20 0.003 0.003 0.001 Broiler 0.14 0.002 0.001 0.001 JUDSON C. HITS ATTORNEY PC. A PROFESSIONAL SERVICE COMPANY 250 ARAI'AH(IE AVENU E SUII[3111 HMI DEI),COLORADO 80302 TELEPHONE(303)938-1231 FACSIMILE(303)938-1526 January 3, 2006 VIA FACSIMILE and HAND DELIVERY Ms. Jacqueline Hatch Weld County Colorado Department of Planning Services 918 10th Street Greeley, CO 80631 Re: USR-1523: David&Beverly Heussmann Dear Ms. Hatch: As you are aware, I am counsel to applicants, David and Beverly Heussmann, with respect to the above-referenced Special Use/Site-Specific Development Plan. In furtherance of our discussions, please accept this letter and attachments as supplemental material in support of the Heussmann's application to (i) raise game birds, and (ii) store concrete forming equipment on their property at 5406 WCR 18, Longmont, Colorado. First, I have been in contact with Assistant County Attorney Lee Morrison regarding the classification of the bird species (chukar and quail) making up the Heussmann game bird operations. Copies of that correspondence are attached. Respectfully, these birds should be characterized as"poultry"under the Weld County Zoning Ordinance. Additionally, the Heussmann's have endeavored to quantify the rate of waste produced by their chukars and quail, the results of which are also attached. By comparison, we have also identified waste production rates of chickens and turkeys (also attached), which — even at the lowest rate for broiler chickens — are significantly higher than the combined chukar and quail waste production rates. For reference: 1 gram is the equivalent of 0.0022 pounds; thus, the results showing 10.8 grams of the daily combined waste of chukar and quail is the equivalent of 0.02 pounds, which is only 1/7th of the rate of a boiler chicken, and fully 1/35`h the rate of a turkey. Again, respectfully, the Heussmann birds have a significantly smaller impact than other poultry — which, by right, the Heussmann's could raise on their property at the rate of 200 per acre, or 1,500 birds (see, Weld County Zoning Ordinance, Section 23-1-99, definition of"animal unit"). Also attached are photographs taken of the Heussmann property and surrounding areas on December 5, 2005, a day on which wind speeds were in excess of 70 miles per hour (also attached is a newspaper clipping from the Longmont Daily Times-Call reporting wind speeds o the day in question). As you will note, no dust or debris is emanating from the bird roost. I hav also attached the affidavit of Wade Heussmann, applicants' son who operates the bird facility H cc stating that to his knowledge and belief, no dust or materials of any nature whatsoever have eve m been blown out of the bird roosting facility or off-site. X W LICENSED IN COI OR ADO & ILLINOIS Aga Ms. Jacqueline Hatch January 3,2006 Page 2 Additional photographs are also attached which show the proximity of residential structures to three massive turkey farming operations in Weld County not far from the Heussmann property. Clearly, on scale, the Heussmann's nearest neighbors to the bird operations, George (Andy) Scott and Dianne Petermann, at 5451 WCR 16 %, are nowhere near as proximate to the subject roosting pens as are the residential homes on these vast commercial turkey farms. Wade Heussmann's affidavit also documents that Mr. Scott was originally hired to help construct the roosting facilities (at a cost of over $85,000), to then manage the operations, and that his wife, Ms. Petermann, even picked out the color paint of the facility. Unfortunately, but probably not coincidently, it was not until after such employment arrangement was terminated that Ms. Petermann's allegations of allergic reaction, dust and noise began. However, it is also important to note that the allergic reactions complained of by Ms. Petermann are NOT in fact substantiated by the medical records she submitted to the Weld County Planning Commission. Her Doctor merely reports that she "states her sinus problems are triggered by birds [sic] feathers dust and feces smell" and that in fact, her allergy skin tests are negative. Wade Heussmann's affidavit also reports that he understands Ms. Petermann as well as her husband smoke cigarettes and that they own two large, thick-furred dogs (that live inside their home) as well as a semi-feral cat. Quite realistically, Ms. Petermann's sinus conditions could be attributable to her own health choices, and would be amazingly remarkable to have indeed sprung upon her exactly contemporaneous with the termination of her husband by Wade Heussmann from the very bird roosting operation she now claims causes her maladies. The Heussmanns do not, however, wish to cause Ms. Petermann any health problems, real or imagined. Therefore, they have closed operations in the roosting pen nearest the Scott/Petermann home (although an indoor, completely enclosed hut nest to this pen will be used to house fledgling chicks for approximately five weeks twice a year). They also are willing to consider, as a condition of approval, fencing or screening their boundary with the Scott/Petermann residence by installing sheet steel fencing. Finally, attached are photographs the Heussmanns have obtained of apparent commercial sandblasting activities on the Scott/Petermann property. Coupled with the earlier-proffered photographs of the other Home Business activities being conducted all along the Dream Acres subdivision, it certainly cannot be argued convincingly that the storage of concrete forms, trucks, trailers, etc. is incompatible with the surrounding land use patterns. Additionally, Wade Heussmann's affidavit states that his parents have always been and continue to be significantly financially involved in the concrete forming business, and that they have each worked in its day-to-day operations. Respectfully, such an enterprise is a Home Business under the Weld County Zoning Ordinance (see, Section 23-1-90, definition of"Home Business"). Ms. Jacqueline Hatch January 3,2006 Page 3 Thank you for consideration and inclusion of these materials. Of course, the Heussmann's reserve the right to supplement the record with additional information/materials as it may become available or relevant prior to the actual hearing before the Board of County Commissioners. In the meantime, please do not hesitate to contact me if you have any questions or comments. Vt;ry truly yours, Judson C. Hite Mr. David W. and Mrs. Beverly J. Heussmann Lee Morrison, Esq. AFFIDAVIT OF WADE HEUSSMANN I, Wade Heussmann, being first duly sworn, state the following under oath and subject to the laws of perjury: that I am over the age of 18, have first hand knowledge of and am competent to testify to the following: I am the son of David and Beverly Heussmann, applicants requesting a Site Specific Development Plan and Use by Special Review pending before the Weld County, Colorado Board of County Commissioners, captioned USR-1523 (the"Application"). My parents own Lots 2, 3 and the west portion of Lot 25 of Dream Acres subdivision in Weld County, Colorado, commonly known as 5406 WCR 18, Longmont, Colorado (the "Property"), which is the subject of the Application. The Application concerns two activities conducted on the Property for which I am the principal operator: (i) raising game birds (chukar partridge and scaled/bobwhite quail); and (ii) storage of equipment for a concrete forming business (trucks, trailer, forms, diesel fuel, etc.). Both operations are conducted on the west portion of Lot 25, which is accessed by WCR 16 %, and is next door to a residence owned by George (Andy) Scott and Dianne Petermann on the east portion of Lot 25, at 5451 WCR 16 %. Prior to initiating construction, I discussed the proposed game bird operations extensively with Mr. Scott and Ms. Petermann. I also inquired of the Weld County planning and building departments regarding whether and what types of permits were required to construct the roosting facility. After being informed that NO permits were required (other than an electrical permit, which I did obtain), in approximately April 2004, I hired Mr. Scott to help build and run the game bird roost, and solicited the input of Ms. Petermann regarding the color used to paint the walls (which matches the color of her house). Unfortunately, after approximately ten months, I was unable to continue to employ Mr. Scott to run the roost. I believe not coincidently, shortly thereafter, a complaint was made initiating the issuance of a notice of violation to my parents, resulting in these proceedings. Also not coincidently, Ms. Petermann never complained of health problems during the time Mr. Scott was operating as roost manager. Furthermore, the documents she has submitted to the Weld County Planning Commission, purporting to substantiate her alleged allergies in fact show that she does NOT have any allergies, but rather suffers from a chronic runny nose. I know that she and Mr. Scott, at least until very recently, smoke cigarettes, own two large malamute/husky dogs with thick fur(that live inside their home), and have a semi-feral cat, all of which may contribute to her health conditions. Additionally, to my knowledge, there are no dust conditions attributable to my operations at the Property. Attached are photographs of the roost and the Property that I took on December 5, 2005 (along with a newspaper article from December 6) when the wind was blowing up and down the Front Range at speeds over 70 miles per hour. No dust is emanating from the Property. I have also attached photographs that I took of three massive turkey farm operations in Weld County that are near my parents' home. The first set, of 7900 WCR 20, shows two residential structures on a 75-acre parcel that are nearly adjacent to turkey pens. The second, of 9700 WCR 20, also shows a residential structure immediately adjacent to turkey pens. And the third, of 8310 WCR 21, shows another home on top of a turkey roost. Contrary to submissions by Mr. Scott and Ms. Pettermann, respectfully, I am not aware of, nor have I seen imposed by Weld County, any specific setback requirement between residential structures and poultry rearing operations in the Agricultural Zoning District. That said, my parents and I certainly do not want to cause Ms. Petermann any health problems. Consequently, I have "closed" the roosting pen nearest the Petermann/Scott home, which effectively doubles the buffer between the game bird operations and the common property line, and lengthening the buffer between the operations and the neighboring residence to over 100 feet. By "closed," no birds will be permanently present in this roost, however, fledglings will be present, although entirely enclosed in the shed portion of this pen for approximately five weeks, twice a year. Further, we are also willing to consider, as a condition of approval, the installation of steel sheet fencing as additional screening and buffering between the two properties in an effort to mitigate any impacts from my operations. I also arranged to have my birds tested by Colorado State University's Veterinary Hospital to determine the amount of waste they produce. The results of these tests, attached, show that the chukar and quail I raise (note: since Mr. Scott's term as roost foreman, I have not, and will not raise pheasants), are combined, less than 117th as waste productive as chickens, and only 1/35th as waste productive as turkeys. Regarding the concrete forming business, my parents have always been financially involved in this business venture, loaning capital to initiate operations, and to this day still having outstanding loans with the company. Further, my father has operated machinery and worked job sites with me from time to time throughout the business' history, and my mother has periodically managed the scheduling and record keeping functions out of the family home as well. I believe this is a Home Business for purposes of the Weld County Zoning Ordinance. Furthermore, as shown in previously submitted photographs, there are numerous other business activities being conducted by nearly all of my parents' neighbors up and down WCR 16%. I have also attached photographs taken in early December of the Scott/Petermann home showing apparent commercial sandblasting of a horse trailer to remove paint. Adjacent to these activities you can also see the hangar/heliport of the Scott/Petermann's neighbor, Tim Rhoads, whose commercial operations as an aerial pipeline inspector/photographer, surprisingly, apparently do not cause Ms. Petermann any dust-related health problems. Coincidently, Mr. Scott is allegedly now working for Mr. Rhoads. FURTHER AFFIANT SAYETH NOT. kt ,9) 7t-cwm,, .,N Wade Heussmann State of Colorado ) )ss. County of •,),_\a,A, ) On this 3 day of January 2006, Wade Heussmann did appear before me, and under oath, did affirm the statements hereinabove set forth and did execute this Affidavit by his own free will. 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C y, 4 , l (. ,' � •` ,,� 9� k } } '' ' u fie, • 11®ftt r , t 1 1 �� ,,, p; ��py�yy�� C __ Ems_ i__: - t„,,,._ 1 �.vs L r 1. I{I L:. �;� a - i4 oN t WC� 1��/ 4 Y , •t 1 ...4.a 2,y i- . « Gi� ",�,'k. �+li r r - � ttip t' .T, ' fir.. ice , • .11111111.11 I �.. � ,. •'4�a _ _ r} Fly V'"�:... �` 4 w. +-nom , ^^e , k4 cue .r-,i im i��k � �N�I w69-- ‘(3-;/9 cap � 1�, trir • - _-� "-iA a�,{Y x 3 ^ t c. 1` ," — a i tr {• 'i��f� �; 4L 1 S` A y `� Ilf tit�V.- ^4 ar — ;i ;'.r aA LV11b111V11U 11 - VY 11111) w11a.,f l-ululauu 1 aE,c 1 01 J II I I I I I I Publish Date:12/612005 Winds whack Colorado Gusts top 100 mph in some areas;freezing temps at hand By Trevor Hughes . _ The Daily Times-Call 1.: `k' '>1 LONGMONT—High winds buffeted the Front Range on Monday, , S a + 't \ knocking over trees and downing power lines,but the gusts died down by \ nightfall and were expected to be replaced by markedly lower temperatures. Kayla Gehring, 14,tries to read Monday,a spotter recorded a gust of 76 mph in northern Longmont,while a while waiting for her ride gust of 98 mph was recorded in Eldorado Springs and one of 90 mph was Monday outside Niwot High felt in Boulder.Monday's strongest gust came at 3 a.m.at the 10,000-foot- School.Winds reached 76 mph in high Kenosha Pass in Park County,where the wind hit 109 mph,according northern Longmont rmes- to the National Weather Service. Call/Erin McCracken The gusts reached hurricane-strength levels,although the sustained speeds were generally below the 74-mph level that defines a Category 1 hurricane. The winds caused sporadic power outages around the state,knocked over a number of semi- trailers and flipped over an unoccupied single-engine airplane at Jefferson County Airport, authorities said. Boulder County and northern Jefferson County saw the highest winds,said weather service meteorologist Kyle Fredin,because their canyons funneled the wind down from the Continental Divide. He said a system of stable,high pressure air over the Continental Divide acted"like a thumb on a hose,"squeezing cold air from western Colorado down the Front Range. "Once the wind gets past that barrier(of the mountains) ..."Fredin said."It's pretty much localized to Boulder County and northwest Jefferson County." Linda Snyder of Snyder Jewelers in Longmont found herself wrestling with a pair of fake Christmas trees when she arrived at the store on Ken Pratt Boulevard on Monday morning.The two trees had been set up in concrete planters filled with sand,and wired to the building.The wind pulled them apart,she said. Drivers on the Diagonal Highway faced a gauntlet of blowing corn stalks in the Niwot area,which created a distinctly"Wizard of Oz"feeling.Mist from waves breaking on the shore of the Boulder Reservoir also filled the air, and millions,if not billions,of falling leaves were reassigned to new homes.The wind also devastated hairstyles,whipped flags straight and tossed trash around. Luckily,no power lines were downed in Boulder County,said emergency services coordinator Jay Stalnaker. Firefighters were on edge,fearing that a small fire easily could have been whipped into a massive blaze by the wind. http://www.longmontfyi.com/Local=Story.asp?ID=5000 1/2/2006 v ..6.. v..... AS ......... .......... .............. ....g.. "Don't even talk about that,"Stalnaker said,when asked about the potential for a wildfire. In Boulder,firefighters helped a contractor secure a metal enclosure on a roof at 1881 Ninth St.that was in danger Search of blowing off and into nearby buildings,a spokeswoman said.There were no injuries or significant damage LongmontFYl reported. Elsewhere,at least 10 semi-trailers were blown over on roads between Fort Collins and Cheyenne,Wyo.,said Stacey Stegman,spokeswoman for Colorado Department of Transportation. Submit One rig was knocked over on Interstate 25 in Pueblo and another one at a busy highway interchange in suburban Denver.No injuries were immediately reported. The state highway department warned high-profile and lightweight vehicles not to use I-25 or U.S.287 in northern Colorado,where winds of 65 mph were reported. The wind picked up before dawn and by the morning rush hour was blowing garbage cans down the streets from Denver and to Longmont.Snow that fell several days ago was blown into ever-shifting trails that stung the face of commuters hurrying to get to their cars or waiting for the bus. Scattered power outages hit the Denver area,closing at least four schools in the northern suburbs,said Janelle Albertson,spokeswoman for Adams 12 Five-Star Schools. Accidents were reported across the state and"most of them are probably related to the weather,"State Patrol Trooper Eric Wynn said. Fredin said the wind was dying down Monday afternoon,and would be replaced by colder air flowing southeast from Montana and the Canadian Rockies. "Tomorrow's going to be an entirely different day,"he said."That air is coming.Tomorrow night(Tuesday) is going to be frigid." Forecasts call for temperatures in the region to drop to the low teens by Wednesday and to around 0 degrees that night. Trevor Hughes can be reached at 303-684-5220,or by e-mail at thughes@times-call.com. High winds Wind speeds recorded in the area Monday(as of 3:42 p.m.)by the National Weather Service: 109 mph:Kenosha Pass,3 a.m. 98 mph:Eldorado Springs,7 a.m. 90 mph:Boulder,2:50 p.m. 86 mph:Genesee,2 a.m. 85 mph:Evergreen, 8:15 a.m. 83 mph:Broomfield,7:45 a.m. 80 mph:Golden, 8:04 am. 76 mph:Longmont, 10:45 a.m. http://www.longmontfyi.com/Local-Story.asp?ID=5000 1/2/2006 u as�auvaaaa �a ♦.aaauJ ..aauva\ Vuava uuv 1(ASV J Vl ✓ 59 mph:Loveland, 12:30 p.m. Source:National Weather Service READERS' P'.^,41-'JS Fe=aturing Real Estate Resource A Service of Co to Propsrties.com III i' dU ER I IFFI%1 fl 1 D1;1 EroliD t 1_ tiv ltc '1'itnv� I.atnvrtR' I Erie Review € , ; i. . .. . . I . All contents Copyright O2005 Daily Times-Call.All rights reserved. This material may not be published,broadcast,rewritten,or redistributed for any commercial purpose. .http://www.Iongmontfyi.com/Local-Story.asp?ID=5000 1/2/2006 MEMORANDUM Wi` a TO: Board of County Commissioners January 4, 2006 COLORADO FROM: Jacqueline Hatch SUBJECT: USR-1523 David and Beverley Heussmann The applicant for USR-1523, David and Beverley Heussmann have not addressed items 1.A, 1.B, and 1.C of the staff comments regarding a signage plan, landscaping and screening plan, and oil and gas agreements that were required to be completed prior to scheduling the Board of County Commissioners hearing. The Department of Planning Services is requesting that items 1.A, 1.B, and 1.C be incorporated into conditions that need to be met prior to recording the plat. The Planning Commission reviewed this case of October 18, 2005 and recommended denial. Since the Planning Commission hearing the applicants lawyer, Judson Hite, along with the County Attorney have determined that this facility should be considered a Livestock Confinement Operation by the Weld County Code since the types of birds on site are considered poultry instead of as a Kennel. The Weld County Department of Public Health and Environment have reviewed this change and have provided the attached letter dated January 4, 2006. The Department of Public Health and Environment are requesting to add the following Development Standard. 1. The facility shall operate within the "Best Management Practices" described in the Confined Animal Feeding Operation Regulations (5 CCR 1002-19). (Department of Public Health and Environment) Thank you EXHIBIT 1 u. L3/4 T MEMORANDUM sit, TO: JACQUELINE HATCH, PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH SUBJECT:USR-I523 IIEUSSMANN DATE: 01/04/2006 COLORADO CC: After further discussion with the County Attorneys office and Ron Jepson of the Colorado Department of Public Health & Environment we have determined that this facility is subject to the Colorado Confined Animal Feeding Operation (CAFO) Control Regulations (5CCR 1002-81). According to the CAFO Regulations this operation meets the definition of an Animal Feeding Operation (AFO). As such, the operation is subject to Best Management Practices (BMP's) outlined in the CAFO Regulations (section 81 .6) which is aimed at reducing the water quality impacts from the operation. Therefore, Environmental Health Services recommends that the following requirement be added to the permit as a development standard: 1 . The facility shall operate within the "Best Management Practices" described in the Confined Animal Feeding Operation Regulations (5 CCR 1002-19). CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 L/ FAX: (970) 352-0242 '64 Vil R O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO January 12, 2006 David and Beverly Heussmann 5406 Weld County Road 18 Longmont, Colorado 80504 Dear David and Beverly Heussmann: Your application for a Site Specific Development Plan and Use by Special Review Permit #1523 for a Kennel (4,000 game birds) and for a Home Business (concrete forming business) in the A (Agricultural) Zone District, has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as Lots 2, 3, and 25 of Dream Acres Subdivision; being part of the NW1/4 of Section 25, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. In order to proceed as quickly as possible, we must receive your reply by February 13, 2006. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, / . Esther E. Gesick Deputy Clerk to the Board I/we�/�i,/4C, .. ��'��-e-_-�— ��hereby request the Board of County Corn ssioners,o consder the above mentioned application. /6.0 C,LAI LI - / Uv.�iv L 6i—iti, , --- e' f-Oc; EXHIBIT r ` a L LOk, 1;- 112,3 3 firmKERR-M"GEE j' :' u`. , � ° �; { , 1999 BROADWAY,SUITE 3700•DENVER,COLORADO 80202 March 9, 2006 PHONE: 303-296-3600 FAX: 303-296-3601 VIA FACSIMILIE AND U.S. MAIL Weld County Board of County Commissioners 915 10`h Street. P.O Box 758 Greeley, Colorado 80632 Re: Livestock Confinement Operation & Home Business — Site Specific Development Plan and Use by Special Review Permit #1523 David and Beverly Heussmann, Applicant(s) Township 2 North, Range 68 West of the 6th P.M. Section 25: NW/4 (Blocks 2 3 and 25 of Dream Acres Subdivision) Weld County. Colorado Dear Board: The purpose of this letter is to inform you that Kerr-McGee Rocky Mountain LI C, formerly Kerr-McGee Rocky Mountain Corporation, after further revics, of the Ileusmarm's application; Kerr-McGee fully acknowledges and supports the above application approval. Please contact me at 720-264-2642 if you have any questions of comments about this matter. Thank you for cooperation and consideration. Sincerely_ Kerr-McGee Rocky Mountain LLC Terry D. En ' ht Landman ' . cialist cc: James P. Wason—Kerr-McGee Rocky Mountain LLC EXHIBIT L J uSQ.k15z3 ,A<,k l5 � BOARD OF COUNTY COMMISSIONERS' SIGN POSTING a CERTIFICATE THE LAST DAY TO POST THE SIGN IS 1 I 1 L it‘ 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, Jacqueline Hatch, HEREBY CERTIFY UNDER P ALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST E IFTCCN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR OW -- (.f2 3 IN THE AGRICULTURAL ZONE DISTRICT. kI{ Name of Person Posting Sign —Jacqueline Hatch Clite- i Signature of Person Posting Sign STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this q day of n .04... , 2006. WITNESS my hand and official seal. KEkJ S..-o A**'9�s ...c. R):;� Not y Public • �\ N-7TgGe 1G .b My Commission Expires: O) / C7 L F . •QO ,nF C0IOP EXHIBIT I es _ill Y \ ♦ \ �♦.. . O � aRRa hP aP frR4 wtkx: � a>o u s h3�s6 > 3 Y43 $P ` \\\\'\ \ Yu♦iV.\\\\ \ \ham \ha d \\ \ 4\ "\G4 hx'o6 R \8W a Yd'kh\\u ' \ sE o>. \h 4\\ \\� i `,,.\ $� \1. .4`h4`E\uaA bm 64G i _ \ C•. S \ hY ...t h' `J'� J. k$RM ;vk> i C b4D 1 • ; ::f �: ♦ oco.,�E 2.1 4.\ xGG fE;t,: : ;s. P,csg.'h r'x..w' \',;`w\\\';.'4 ss ` R P4 $ gy •Rah ♦ h \ r . fG4ft> \f 4t.:. ti S d Y q .>. >.aov ft-.Sn4a3a. :,: �Y\S`\ \.a>;':\\va.a.t:....\•nt\b nd�q u oa > > 4 .: J L-• . \'\.�..$>.q. yh\\• i R R 4b3 ,Y nom:' jy `ohaa4bS: Paoo \ \ � � Y : ..p 3�Co i` :u»i 3 .4R � a - �.: � 'c�"h g• ba '4 - C' RJ� 4 b a f:\ s m a ;bR';.\ u •fE'�d'Y4 rid a4\b RP d$ \ Q..- �Aa ,.:.• a\b. Pg4 .PP44 •4v> \\\A:' �4v ad1V ...C e i�� f1... ♦ V 4 4 d R \\aht k 4 �S R \\ 6 R \ :\k P '\\: ••,•41.4%.%•4 :a t Q� a: (,a 1.. "�� t:Gs3lt, �; t tt a a3 tRa v vaP 64 `oCk"'h4 °♦GG� 1t � � ♦'i d +aja'� '`s� �pf�F P 4 uVA nVVa ;�.t; 17� \ \Q R Oro a `` 2 qR>�ca 4 ;n�c \�°> R4_ c �� .. �\'\LL\\`�.@y\ Q\\\Q\\�\. \ GF :w 'A\ffP a` aa.R :bRao�a ERPbo R\E oh::::;14EE`\ 0 u 44 George A. Scott, Jr. 5451 WCR 16 3/4 Longmont, CO 80504 I was born and have lived and farmed in Weld County most of my life. When my wife and I retired from the farm, we wanted to live in the country, which we finally did. We have a very nice place, but as of the last couple of years everything has started to get very tort RI ads bad. When the bird pen. were builtiand filled up, our lives changed 411(9 76 aid? ib '4' for the worse. The pen is approximately 60 ft. from our bedroom window. Soon my wife began to cough and sneeze a lot. Later on, her symptoms stopped. It took a while to figure out what was M w�Fe happening: Stn the pen emptied out for a short time, felt better. When more birds were brought in, her symptoms started up again. In the last 8 months my wife's coughing and sneezing has gotten so bad. It is unbelievable €we both cannot sleep because her coughing and sneezing goes on day and night. I will not let her drive a car because when she starts coughing, she may run off the road or something. 3 EXHIBIT L (Ask*623 623 Page 2 If something is not done as soon as possible to stop the bird raising next door, I have been advised to send my wife to a different place to live temporarily until this problem can be eliminated. I do not want to do this to her or to me. As I said, we have a very nice place to live now but it is worth a lot less now than it was a couple of years ago. I could not sell it if I tried because no one would buy it with the bird pen next door, just Also 60 feet from my bedroom window. I want to point out that the feed shed that is aft from my preperty was not finished. The soffit that levee- is all around it is open so birds and squirrels can get in. The main door is open at the bottom so there are many mice going in. There mar, T was poison put out in the shed for the mice, but they eat it and come over to my yard to die. I put up some screening on the fence to try to stop them. The prevailing winds during this dry year have been mostly from the west. Our home is on the east side of the bird pens. The dust from the pens blows on my lawn, in my house, and my garage. Page 3 We have two dogs. They like to lie on the 'awnyo when they come into the house, they bring some dust with them. Also the dust and feathers are plugging up the coils in our air conditioner unit which caused us to have to shut it down about 1 * years ago. Now, about the bird flu. It sounds like it is sure to be here soon. What is going to happen then? I think that something like raising birds belongs on a very large area like 40 or 50 acres. Leave the small areas like the Dream Acre subdivision that has small lots to the people with 4-H stock and pleasure horses. These would be very small and the right thing to have there. The lot that has the bird pen is le 41 acre. So, I ask the County Commissioners to please do the right thing and close down the bird operation and have all the problems of the bird area cleaned up. It does not belong here. If I had wanted to live next to something like this, I would have built a few miles east of where I live now, next to some of the turkey pens. Page 4 I am very worried that something drastic is going to happen to my wife's health if this goes on any longer because the doctors said there is no medication any stronger than what she is taking now. If the medicine does not work, soon she will have to go to her son's home in Billings, Montanat m 9.0 4Rmy 62DM Thcc4r≤T, Now, I would like to ask the Heussmanns, "What would you do if you lived in my house, or if someone built a bird raising pen 60 ft. from your home and it made one1of you sick? 6R 2074 Thank you for listening to me. A KAISER PERMANENTE® 2/14/2006 Franklin T. Thom, MD 2345 Bent Way Longmont, CO 80502 Dianne F Petermann 5451 Weld County Road # 16 3/4 Longmont, CO 80504 To: Weld County Zoning Board I am writing this letter on behalf of Dianne Petermann, a patient of mine for the past nine years. Ms Petermann has been having problems with recurrent sinus infections, chronic cough and allergies for past 3 1/2 years. She has been seen by myself and our allergist for these symptoms. Ms Petermann noted the onset of her symptoms shortly after her neighbor began raising birds on their adjacent property. She has tried multiple treatment to help control her symptoms with only partial success. Ms ._ Petermann has noted when she is away from her property for short or long periods of time her symptoms resolve. Any assistance the zoning board can given in evaluating this situation would be greatly appreciated. Sinc rely, Franklin Thom, MD Kaiser Foundation Health Plan of Colorado - Colorado Permanente Medical Group, P.C. ORECK clean home' FACTORY SHOWROOM HEALTHIER,EASIER,SMARTER? t SHERIDAN BLVD. #A-104 ARVADA Bill Klas (303)426-5515 Regional Manager VOICE h cridan Blvd. #A104 2616 E. 1211th Ave. Bill To: DIANE PETERMANN 5451 WCR 16 3/4 RD Arvada, CO 80003 Thornton, CO 80233 303429-5515 303-25241698LONGMONT, CO 80504 Ph:(303) 833-5962 •r^.unrrvry ATTN: D. PETERMANN 93074 WRK #16400 11:41 am 03/03/06 Page# 1 Per/Unit DESCRIPTION QTY PRICE TOTAL TABLE TOP AIR PURIFIER"WALNUT 1.00 369.95 369.95 PROFESSIONAL AIR PURIFIER WITH "SILENCE TECHNOLOGY" 3 YR LIMITED PARTS AND LABOR 12 YR CELL COLLECTOR WARRANTY. 'SEE OWNERS BOOK FOR DETAILS AND LIMITATIONS.' BROOM VAC, "QUICKSTICK" 1.00 0.00 0.00 REFRIGERATOR AIR PURIFIER 1.00 0.00 0.00 CARPET STAIN REMOVER"NEW" 1.00 0.00 0.00 30 DAY HASSLE FREE MONEY 1.00 0.00 0.00 BACK GUARANTEE! $400.51 Subtotal: $369.95 $0.00 Tax: $30.56 Amount Charged: $0.00 TOTAL: $400.51 THANK YOU FOR CHOOSING ORECK OF ARVADA! F:12-‘0)\ 1 } ) 2_6/04) 144 q; [Oft') KAISER PERMANENTS. I' ti� t _c17 KAISER PERMANENTE - PATIENT VISIT RECORD I (}P PETERMANN, DIANNE _ 2398371 APPOINTMENT DATA 413199548 LONGMONT MEDICAL OFFICES MEMBER PC LONG THOM, FRANKLIN T (MD) LONGMONT MEDICAL OFFICES t 05 THOM, FRANKLIN T (MD) 4 :21 -IN TIME : 4 : 12 PM F893406 CHARGES : REGISTRATION COPAY OFFICE VISIT URGENT $ 15 . 00 TOTAL CHARGES : $ 15 . 00 METHOD OF PAYMENT: Check $ 15 . 00 TOTAL AMOUNT DUE : R ,t p c4 $ 0 . 00 vArisn / BEFORE YOU LEAVE TODAY: T o`ts� p 1C'� �` LAB V X-RAY:22I7 PHARMACY °\It \R CiinL 0004-1033(5-99) DETACH AND KEEP TOP PORTION FOR RECEIPTAF V 1 MS 9D E A KAISER PERMANENCE. Page# 1 of 1 MIJER Pltannaty Receipt Date.03/14/06 !rime 09:13 AM iffri PERMANENTEG PETERMANN,DIANNE F 48 ID#: 413199548 D08:04/35 Phdne: (3031 833-5962 Kaiser Permanente Longmont Pharmacy 2345 Bent Way FLUNISOLIDE NASAL SPRAY 25ML WAX-00371 Longmont CO 80501 303 678 3300 019 819 107 1175 0047398 NDC#:59310-0037-25 Ptpviet c MD FEDACK,JOHN Rx#: 19-0426592 OW( RAR: Rx# 0190426592 1 $10.00 N RX Bill Method:KAISER Ob en up:01301-001 Berit: 6G KP Price. 23.30 You Pay: 10.00 SUBTOTAL $10.00 Annual Deduct Amt; Annual CAP Amt: Amt Towatd Deduct: Amt Toward Cap: 1 Deduct Amt Used,; Cap Am:Used: TOTAL $10. 00 CHECK $10.00 Tue Mar 14 09:19:22 2006 REFILL ONLINE www kaiserpermanente org Click on KP Online Members Only TAB KAISER PERMANENTE® KAISER PERMANENTE - PATIENT VISIT RECORD PETERMANN, DIANNE F 2781330 APPOINTMENT DATA 413199548 LONGMONT MEDICAL OFFICES MEMBER PC LONG FEDACK, JOHN M (MD) LONGMONT MEDICAL OFFICES 3/14/06 THOM, FRANKLIN T (MD) 8 :40 CHECK- IN TIME : 8 : 34 AM C476038 CHARGES : REGISTRATION COPAY OFFICE VISIT URGENT $ 15 . 00 TOTAL CHARGES : $ 15 . 00 METHOD OF PAYMENT: Check $ 15 . 00 TOTAL AMOUNT DUE : $ 0 . 00 BEFORE YOU LEAVE TODAY: LAB X-RAY PHARMACY 0004-1033(5-99) DETACH AND KEEP TOP PORTION FOR RECEIPT OF VISIT ArKAIsENEME® PERMANENTS® ^ iser Permanents Longmont Pharmacy Kaiser Permanents Longmont Pharmacy 2345 Bent Way 2345 Bent Way Longmont CO 80501 303 678 3300 Longmont CO 80501 303 678 3300 019 819 107 1175 0043266 019 819 105 1176 0054489 Rx# 0190404308 1 $9.07 N RX Rx# 0190406913 2 $8.90 N RX Rx# 0190398569 2 $12.40 N RX Rx# 0190418638 1 $8.85 N RX Rx# G150368898 4 $9.24 N RX Rx# 0190418639 1 $(1.90 N RX..) SALINE NSL GEL $3.75 T SUBTOTAL $29.65 K-Y LUBRICATING JE $3.97 T _____ $0 SUBTOTAL $ .43 TOTAL �- 7.70% Sales Tx TAX $0.59 TOTAL $39.02 CHECK $29.65 Wed Feb 1 09:51:06 2006 CHECK $39.02 REFILL ONLINE www kaiserpermanente org Fri Nov 18 13:45:18 2005 Click on KP Online Members Only TAB REFILL ONLINE www kaiserpermanente org Click on KP Online Members Only TAB S VA'Sep PERMANENTS® fi KAISER PERMANENTS® Kaiser Permanents Longmont Pharmacy 2345 Bent Way Longmont CO 80501 303 678 3300 019 819 105 1051 0052620 ,(miser Permanents Longmont Pharmacy 2345 Bent Way Rx# 0190398569 3 $12.40 N RX Longmont CO 80501 303 678 3300 019 819 106 1176 0046854 \ Rx# 0190398569 1 SUBTOTAL $12.40 $12.40 N RX $12.40 TOTAL SUBTOTAL $12.40p CHECK $12.40 TOTAL $12.40 Fri Dec 23 13:08:21 2005 CHECK $12.40 REFILL ONLINE www kaiserpermanente org Click on KP Online Members Only TAB Fri Oct 21 13:56:42 2005 REFILL ONLINE www kaiserpermanente org Click on KP Online Members Only TAB Kaiser Permanents Rock Creek Pharmacy 280 Exempla Circle 8 Lafayette 80026 129 1144 0000173 72888 042 Rx# 0190404308 2 $10.00 N RX Rx$ 0190398569 4 $10.00 N RX SUBTOTAL $20.00 TOTAL $20.00 CHECK $20.00 Tue Jan 10 12:29:28 2006 REFILL ONLINE on KP kaiserpermanente r9 OnlineMembrsOnlyTAB Click KAISER "J PERMANEME® MISPERERMANEER ME® Kaiser Permanents Longmont Pharmacy 2345 Bent Way Longmont CO 80501 303 678 3300 019 819 076 1327 0028139 Kaiser Permanents Longmont Pharmacy 2345 Bent Way Rx# 0190421285 1 Longmont CO 80501 303 678 3300 019 819 107 1283 0046762 $10.00 N RX fix# Il190421286 1 _ Rx# 0190404308 3 Rx#-8t90WFtd95-2- $17.80 N RX Rx# 0190414099 2 Rx# 0190422716 1 $21.50 N RX $8.15 N RX SUBTOTAL $61.20 SUBTOTAL $26.45A TOTAL $61. 20 TOTAL $26.45 CHECK $61.20 CHECK $26.45 Tue Feb 14 17:08:03 2006 Fri Feb 24 11:20:07 2006 REFILL ONLINE www kaiserpermanente org REFILL ONLINE www kaiserpermanente org Click on KP Online Members Only TAB Click on KP Online Members Only TAB � KAISER PERMANENTS. I 1 KAISER PERMANENTE-PATIENT VISIT RECORD PETERMANN, DIANNE F 2638945 APPOINTMENT DATA 413199548 LONGMONT MEDICAL OFFICES MEMBER PC LONG LONGMONT MEDICAL OFFICES THOM, FRANKLIN T (MD) THOM, FRANKLIN T (MD) 14/06 3 :40 CHECK-IN TIME: 3 :28 PM C476038 CHARGES : REGISTRATION COPAY OFFICE VISIT URGENT $ 15 . 00 TOTAL CHARGES : $ 15 . 00 METHOD OF PAYMENT: Check $ 15 . 00 TOTAL AMOUNT DUE: iyl /_� ill I $ 0 . 00 4� 1 1 Cr BEFORE YOU LEAVE TODAY: V/ P l VVV LAB X-RAY PHARMACY 0004-1033(5-99) DETACH AND KFFp TOP PORTION FOR E .F.IPT!IF VtgIT lif 5/I0ur/N9 as 1 h7o,n pi Ns C/MR_ ielr- tzK t 4,4C e N P,{F: ,n z /1 2C (--• L.- r '2CUllilbj +. p0 7% . < t f f t • L Gy /2"-- • a L1_ i , / I ' .w d '- �. pL,," .. _ > cr ',�7/cl.2/v- 4CdciLe .4-1-46-4 --LI„1s; --iii-PL $&' p,5 �lis_. 62in i--71 f,\'7vty,. C`C�]/7 ii - 7.(ccI— i: ,l la lif F i ` r It , cch :- I t yLf± ijz2 2C'l Fx ,I _ /Lc. ₹ ti „ • l i• hra rT{F OMi'.Olirl"Mli1 C(`/ iC C / ` ).C I �i7 Elf Ak i 4.7C "�4 .7t), �=/,,ft L�J ��- /at It ` , Q(' C,,0 H: tscIt • 1% - ., yr r i N ;: f. [ ,: N 4 �A' . c° Li- It • ,:,. , r. i--4.„,,„,),„@:,),, a 'M \\ A yTp _, , - t . if it , _ _ ...: _ __ r .. F' a `v g I f . 1' a r. mot, j'. ilelEC 14/& (1 • Panel votes against farm for game birds By Douglas Crowl The Daily Times-Call GREELEY—The Weld County Planning Com- mission voted reluctantly Tuesday against recom- mending a permit that would allow a game-bird farm and concrete-form operation to stay in busi- ness. County planners were alerted in April that the two businesses were operating without permits in the Dream Acres subdivision,which is in unincor- porated Weld County but surrounded by the town ■See FARM/B3 7{; fished subdivision. mit without the game bird oper- mann built sheds on the same 11—i LK`Il�ll • But the game farm, which ation because the Heussmanns piece of land and began raising proposes raising 4,000 birds on requested a permit for both com- at least 1,500 game birds. In 7.4 acres—and is approximate- panies on one application. 2004, the Colorado Division of • Continued from B1 ly 60 feet from a neighboring Instead, if county commis- Wildlife permitted his business. home—is allowed. sioners ultimately deny the per- Neighbor George (Andy) 4 Frederick However,many planning corn- mit request, they will have to re- Scott, who once worked at the Property owners David and missioners found that illogical submit an application for the bird farm, told commissioners Beverly I leussmann are seeking and said it made more sense to concrete business alone, county that his wife, Dianne Peter- . special-use permit so their have a business that distributes planner Jacqueline Hatch said. mann, began developing aller- '.,u. Wade Heussmann, can con- concrete forms close to other The planning commission would gies when the operation got owe running the businesses. houses. then reconsider that applica- rolling. The land, which sits about a Commissioner Doug Ochsner tion. "The first question I have to all-mile east of the intersection said he would allow the concrete Hite told the commission his ask is, 'Would you live here, 60 to n Weld County roads 18 and 11, form business and others interpretation of county zoning 65 feet from something like zoned agricultural, and both agreed. codes would allow the concrete this?'"Scott said. We bird farm and concrete busi- "I feel that this is a rural sub- business. The Heussmanns wouldn't .less require special-use per- division, and to have a couple of He pointed out that surround- comment for the story. It's not nits. The businesses operate on trucks and a fuel tank there does ing properties had similar busi- clear whether they'll resubmit a !ii south end of the property, not compromise the intent of the nesses, such as shops and stor- permit application for the con- ,cross the South Platte Canal subdivision,"Ochsner said. "It's age for old cars. Crete business alone or move for- ward Heussmann's home, but no worse than having a couple of "It looks a lot broader than ward with the existing applica- uear neighbors. tractors." just residential use,"Hite said of The Heussmanns' attorney, The possibility of 4,000 pheas- the area around Dream Acres. tion. ,dsou Hite. told the commis- ants and other birds being Wade Heussmann has been The planning commissioners ,„o nip clients thought they had raised so close to homes brought operating a business on his par- voted 6-1 against recommending dready received the proper per- a more negative response. ents' property since 1981, which the permit to the Weld County -nits. "I don't see any way possible eventually evolved into the con- commissioners. Betore Tuesday's meeting, justifying this as compatible for crete operation. Concrete isn't If the Heussmanns move for- ' wing staff had recommend- neighboring homes," Commis- poured there,but equipment and ward with their proposal, it against a permit because sioner Michael Miller said. a diesel tank are stored on the would likely go in front of the county codes don't allow a con- Technically, the commission- property. Weld County commissioners in crete form business in an estab- ers could not recommend a per- About three years ago,Heuss- December for final approval. Bird flu_u has spread to 31 countries ASSOCIATED PRESS GENEVA — For years after Bird flu breaks out of its its appearance in 1997 in Hong Asian corral For years atter its appearance,the current bird flu virus(H5N1)seemed confined to a few east Asian Kong, the current bird flu virus seemed corralled in a countries. Within the past four months, it has moved across Europe and into Africa. World health experts say its rapid spread—14 new countries in just three weeks—is troubling because it increases t ew east Asian countries. But in the past four months, it has the chance the virus could change into a disease contagious to humans. spread across Europe and into Africa,bringing to 31 the num- Expanding range of reported H5N1 outbreaks :41'A her of countries with sick "-;P�` , Country with incidence of HSN7 birds. - . People have caught it '"`� ,�y` cr. in a � �1 E ' r 7-? y people er utof those, and just six " " �6 + fir -v� q1„v.mart outside east •Asia have c'",, r ; e, ,=, -t „,„. riied. The virus is still not easi- 'L, „' a a't �1,at' i "' ' a 6eµ` k 11 �' caught by humans. - 6 ' +*r T s + k� s'C i Even so, its sudden sweep FRANC!" -46"kit tiuYt Mt �` *v across continents on the wings w, a yt t • "> of birds has stunned public ' i ` ts^ .' y rib health officials. And most say s "` �� - '` < y,JAPAN 'hey cannot % dt r,V ' q a'-_ predict where or ≥• , ° �' when this disturbing t °` germ WYpf might mutate into a form that fl —old unleash a deadly flu epi- t o0o mllesA� al 'a aic. AFRICA INDtA ", '. 1'or many months, most � 2000 ^�"' ypet is said Asia was the most ' likely starting point because of NIGERIA its large population and ubiq- _ `'• ` t "!" thous animal markets. And nany still believe that. But it's - 3,000 .li speculation. "It could be Asia.It could be somewhere else," said Maria 6,000 miles �,000 s,000 5,000 .. Cheng, a spokeswoman for the a,000 AUSTRALIA SOURCES:U .World Food Program;World Health Organization;Office International des Epizoolies;Food and Agriculture Organization Dr. Scott Dowell of the U.S. N.Rapp-AP World Health Organization. .enters for Disease Control cult to predict the spread of months, because public health tracking a disease spread by aid Prevention said it's diffi- the disease in the next few officials have little experience migratory birds. Bird t1u threat under microscope In Calif. U.S. to look for flu -' Jim Wasserman West's largest poultry producer. 111 migrating birds i" At:Chin Its Western Service Inside the UCD lab,each sam- SACRAMENTO,Calif. —By pie is handled as gingerly and NEW YORK—The federal carefully as if it carried the government is boosting its effort alifornia agricultural stan- n worst possible contamination— to look for bird flu in migratory lards,chickens are one of the _ate's most humble farm prod- the dreaded H5N1 strain of bird birds,planning to test five to six flu. times as many birds this year a But they may be the one Globally,the World Health Or- alone as it has screened since a:derguing the most intense ,<rutiuv lately,as worldwide ganization has reported 130 hu- 1998. man cases and 67 deaths from Much of the effort will focus acs of avian flu have put the e's health officials and test- the H5N1 strain in Asia.More on Alaska,where scientists wor- I:�t,ur;uuries on high alert. recently,the strain has infected ry that birds arriving from Asia Amid concerns that avian flu poultry in Turkey and Romania. —beginning next month—will ought develop in California's It is believed responsible for a bring in the 115N1 virus and pass $2.5 billion poultry industry, deadly 1918 influenza that re- it along to other birds,which .chich also includes turkeys, portedly killed 25 million to 50 will fly south this fall. ,ublic and private testing labs million people worldwide. Scientists had already been on the front lines of West "In four to six hours,we know watching for the deadly flu ast bird flu testing. if we have the avian influenza strain in wild birds in Alaska Inside Chemistry Room 1213 virus,"Hietala said last week, and North American migratory ,n the University of California- surropnded by testing machin- flyways.But the effort is being I campus,technicians are ery at the Davis lab. "In another dramatically stepped up this unning tests daily on several four hours,we can tell you if it's year,said John Clifford,chief H5." veterinarian for the U.S.De- :undyed samples taken from :among the 30 million to 40 mil- Testing equipment—called partment of Agriculture,which lion chickens in California's thermocyclers—replicates tiny is working with other agencies poultry population.The Davis pieces of chickens'genetic ma- on the program. :nullity is among the five labora- terial,repeatedly doubling their :cries within the California Ani- size until the samples are large cal Health and Food Safety enough for computers to ana- laboratory System.The system lyze. . tests for mad cow disease Nationally,Congress has allo- alifornia. cated nearly$14 million for such So far,not a single case of poultry flock testing through avian flu has been detected next Sept.30,said USDA among the 60,000 birds that have spokeswoman Angela Harless. been screened for the virus this A portion of that funding is al- :,car in California.And re- lotted to California's state test- earchers hope it stays that way. ing labs.An H5 or H7 virus -Wc treat every (testing sam- strain,if discovered at the UC- ple)as if it's it.We certainly Davis lab,would set off a chain don't want California to be the of events for which the laborato- pme who lets it loose,"said ry staff has already practiced -baron Ilietala,a UC-Davis pro- emergency drills,Hietala said, :ess r who presides over the including dealing with a crush lab's bird flu testing. of media inquiries. Thousands more poultry sam- A separate plan by the Cali- ples are tested at affiliate labs fornia Department of Agricul- in San Bernardino,Fresno and ture would immediately enlist Turlock,where swabs of chick- the state Office of Emergency ens'mouths and rear ends ar- Services to seal off infected rive daily inside Federal Ex- flocks,kill thousands of birds press packages and by courier. and reassure the public. Another 30,000 birds have been last year,Congress allocated privately screened at Liv- $12 million for such compensa- higston-based Foster Farms,the tion,if needed. Most of the 250 million chick- ens grown yearly in California are raised in the San Joaquin Valley,says Bill Mattos,presi- dent of the Modesto-based Cali- fornia Poultry Federation. — Poultry experts say lab find- ings would only confirm what would already be apparent on poultry farms. "The birds will be sick and dead before any blood work tells us,"says Dr.Charles Corsiglia, manager of veterinary services for Foster Farms. "They die in one to three days." Su! .y, Feb. 26, 2006 Forum Sird flu threat is real TRIBUNE A13 re ara ti on is key� p :Y_COLORADANS HAVE Considerable effort has been made to >ressed concern to me �f<# sky ensure that avian influenza will not nit the influenza virus reach the United States,and there are known as '.5N1. Recent reports say �li. �s Sen. Wayne plans in place for a response should ,..it this , us has begun to spread ft -- . Allard the virus enter our poultry popuhr .i,,:gh i ;rating poultry popula ,w I. t tions. Diagnostic testing is ongoing to ..m:; hot Asia to Africa,and now in I :`f ki detect if the virus has entered our .trope it the Middle East.As a vet- giir,z U'S' country,and to allow for early .riparian, have a unique perspective ;.; Congress response if that happens.Congress „m the ad .nce of the avian influenzas and the president have approved .irus. Alt .ugh the highly pathogenic funding to take all necessary precau- .:rian infl .nza has yet to reach the partners encourage greater planning, tions against the threat of avian flu. United St es,Congress and the monitoring,transparency and height- There are also efforts to increase the a,lministi ion have begun to prepare ened surveillance to detect outbreaks production of existing antiviral medi- vi case ar ,utbreak should occur in poultry and allow for rapid con- cines.Further vaccine research and acre tainment.The goal is to elevate the development to address the possibili- 1 he U government has been issue on national agendas,coordinate ty of a human pandemic are of imme- .vorking close collaboration with efforts among donor and affected diate importance. many int. national organizations such nations and mobilize and leverage Avian influenza is also a veterinary as the W. ;d Health Organization,the resources should an avian influenza medical issue.There are multiple food and .gricultural Organization of Pandemic occur worldwide or in the strains of avian influenza virus that the Uuitr Nations,the World United States. exist worldwide that can cause vary- Urganiza m for Animal Health and This threat to the United States is ing degrees of clinical illness in chick- ether for ;n governments to address real,and I want my constituents to be ens,turkeys, pheasants, quail, ducks, the situa' -n.These efforts by the aware of it.The avian influenza H5N1 geese and guinea fowl,as well as a United S yes and its international is not present in the United States yet. wide variety of other birds,according to the U.S. Department of Agriculture. deal with avian influenza.This strate- As the primary health professional gy is built upon three pillars to for birds,veterinarians within various address the full range of issues that government institutions and universi- may occur:We are working with ties play a crucial role in developing other countries and within our own new techniques to combat the avian borders to increase preparedness influenza virus.Because of my back- through communication.Across the ground as a veterinarian,I understand United States,diagnostic testing and the potential impact avian flu could observation are strengthening our have on society.Avian influenza is at a surveillance,and observation of avian critical stage as it is transmitted from influenza will provide us with the animal to human when the potential earliest warning possible that the for mutation to a human-to-human virus has entered our country.Finally, virus increases. if the avian influenza virus does enter Regardless of whether an outbreak the United States,our plans for of avian influenza occurs in this coun- response and containment will limit try, the potential for a pandemic has the spread of the virus and mitigate heightened our awareness of our pub- its impacts. lic health infrastructures, in particular Although no one can say for cer- those relating to the national strategy tain if a pandemic will occur,prepara- _-. for responding to an avian influenza tion is the key to a successful pandemic.We as law makers will con- response to the highly pathogenic tinue to take steps to protect our con- avian influenza virus. stiwentss now and in the future. The U.S.government has devel- Wayne Allard, a Republican, is the oiled a strong national strategy to senior senator from Colorado. Public should be Ky) alert to DAILY TIMES-CALL SUNDAY, NOVEMBER 27, 2005 D5 officer at Colorado's Department of Publi6Health and Environment. Calonge advocates caution,pre- eat o thrf avian flu paredness and concern,but not alarm, over the prospects of bird flu. He cites the 124 known human cases At this point,the chance of a Col- worldwide of the disease since 2003, By Todd Hartman oradan contracting the bird flu locally and notes that many more people than ,,,ism-d)'ress that have been exposed to infected 16r a�� is nil.That's because the deadly strain birds,suggesting if you're in DENVER—Vaccination drills,lab has yet to show up in the Western gg g"even testing, tabletop exercises,swabbing Hemisphere,in either birds or people. close contact with infected birds,the poultry—all are signs that Colorado is But that could change,either by the risk of infection is still low. bracing for the arrival of avian flu,and "I keep pointing out to people: there the potentially disastrous conse- virus arriving via migratory birds or are 124 human cases worldwide,that's quences that could follow. by the arrival of an infected exotic 124 out of 6.5 billion people,"he said. "I It's far too early for alarm,Colorado bird,through smuggling or other would call that a rare infection." ,:xperts say,but the public should be means. Even so,worried public health offi- A lert to the threat of a virulent flu Or,in a much more alarming sce- cats nave drawn connections between strain that has shown an ability to kill nario,an infected person carrying a the risk posed by the avian flu and the half the people known to be infected. newly mutated form of the virus that Spanish flu pandemic that swept With origins in Asia,the virus has passes easily to other humans could ar- across the globe in 1918 and 1919.That overwhelmingly affected birds,killing rive on a flight from overseas. strain left as many as 50 million people more than 100 million and leading to But so far,experts stress,nothing • dead,including an estimated 8,000 in the slaughter of millions more as over- like that has happened.And they're Colorado(when the state's population seas health officials try to prevent the was roughly 900,000—compared with sickness from spreading among wild watching for it. about 4.6 million today). and domestic flocks. The state began surveillance for the Most troubling: New research on the Its impact on humans has been small disease early last year and has tested Spanish flu shows it was essentially a by comparison,killing at least 67 pen- roughly 1,000 birds,mostly poultry and bird virus that,according to a CDC mi- .nle in Asia since 2003.Almost all the small backyard flocks. crobiologist quoted in Newsweek,had aims had close contact with infected "In all the samples we've collected, undergone only"minimal changes to ,.ads—indicating to scientists that the infect humans directly." we haven't aetected this virus,"said But Pabilonia said the worst case among virus hasn't mutated o into a form easily Kristy Pabilonia,a veterinarian at Col isn't the only scenario.A version of the passedg people. orado State University. If that were to happen,however,fas- y virus may emerge that spreads easily ten your seat belt.In a highly mobile She is part of a state avian flu task from person to person,but isn't often world,where an infected person could force that announced earlier this deadly.Or,she said,one that might re- carry the illness half a world away on a month it would expand its work and be suit in a high rate of mortality,but isn't daylong jet flight,a flu pandemic could gin testing migratory waterfowl and easily spread from person to person. other wild birds. burst onto the scene before health au- "I like people to think of all the dif- thorities could contain it in a single vil- "It's impossible to say whether it's ferent possibilities,"Pabilonia said, )age or town. truly going to happen,"Pabilonia said. "not just the one that's a horrible, "Because of the potentially high de- "We just want to prepare for the catastrophic event." gree of infectiousness of(global) in- worst-case scenario." Whatever the case,Colorado health ❑uenza, the number of people affected Avian flu derives from the influenza officials say they're ready. will be high,"reads Colorado's emer- A virus,of which there are an array of "This new threat will not catch us un- gency response plan for just such a flu combinations that cause a range of ill- prepared,"wrote Doug Benevento,di- outbreak. "Centers for Disease Control ness in birds,from mild to lethal. rector of the state health department, estimates up to 100 million people will The outbreak that has scientists so in a recent commentary. "While more be infected and between 89,000 and worried now is a subtype—known in needs to be done,our local,state and 207,000 will die in the United States." scientific shorthand as H5N1—one federal public health officials have tak- Whether the avian,or bird,flu be- that has proven exceptionally deadly en the possibility of a pandemic seri- comes a human disease capable of for birds,including poultry such as ously." spreading around the globe—an epi- chickens and turkeys and game birds A recently released 29-page draft of demiological phenomenon known as a such as pheasants and quail. Colorado's response plan outlines steps pandemic—is the question that rivets The disease spreads from bird to to quarantine the sick,vaccinate the the attention of public health experts bird via saliva,nasal secretions and fe- public and bury victims faster than from Denver to Hanoi. ces.Bird flu viruses typically don't would typically occur. "The whole thing's a bit of a crap- spread to people,but in this case health shoot,in terms of we don't really know for sure where this flu is going,"said authorities say people who've had very The plan calls for surveillance,pro- close contact with infected birds—in- viding anti-viral medicines to the first _ sick person and his or her close con- Cantrill,associate director of eluding eating them—have contracted ,mergency medicine at Denver Health the illness. tacts,quarantining sick people—prob- and a member of the governor's epi- But only in some cases. ably in their homes—using already demic emergency response team. "Unless you're in close contact— existing bin-terror communication chains to spread information among We could keep chugging along the and I mean close contact—with infect- way we're going right now for another ed birds,you're not going to get avian public health officials,hospitals and other crisis managers and vaccinating eight years,or,suddenly,it could(ac- flu,"said Ned Calonge,chief medical quire) the ability for sustained,human- health care workers and,perhaps,larg- to-human transmission." er swaths of the population. "If it came to the United States,it's I 4 "Because of the potentially high degree of rifectiousness of (global) influenza, the number of people affected will be high." Wording of Colorado's emergency response plan unlikely that it would come to Coloradc As for anti-virals,President Bush first,so our first job would be to start wants to stockpile enough of two such surveillance,"explained Calonge. drugs—Tamiflu and Relenza—that "Then it becomes what we can do to scientists believe are effective at blunt- limit the spread—that's what a lot of ing the impact of the avian flu. the planning is(built) around." Currently,the nation has enough dos- Immunizing health-care workers es for only 4.3 million people,according first,Calonge said,isn't a matter of to the CDC,but the Bush administra- tion wants to acquire enough of the anyone being more important than anyone else,but a matter of"who medicine for 81 million.Some critics, would you immunize to protect every- though,have said the United States one else?" was slow in seeking the drugs,allowing "People directly taking care of sick other countries to get ahead in line to people and therefore could get sick order the medicines. themselves...would be an example of Many Colorado hospitals have limit- people who would get priority." ed amounts of Tamiflu on hand, but State officials say they'll continue supplies are tight,and recent hoarding mass vaccination exercises. One last of the drug by some consumers year, in seven southeastern Colorado sparked worries that not enough would counties, saw workers vaccinate 10,000 be available simply for the regular flu people in eight hours,a rate that could season now upon us. cover everyone in each county within Overall,however,Cantrill said he be- three days,Calonge said. lieves Colorado is in"pretty good But neither Colorado nor the federal shape"and has taken"reasonable ac- government is overflowing with vac- lions in terms of preparedness"as it cines tailored to bird flu,or anti-virals. waits and watches the course of avian Though a promising vaccine is in de- flu in China,Eastern Europe and velopment,it's not available in large Southeast Asia. volumes and it could be many months, But that doesn't mean a bird probably years, before enough is stock- flu-linked pandemic marching through piled to treat masses of citizens. the state would be an easy experience. Last Sunday,on national television, "Would it be a horrendous situation? Health and Human Services Secretary Absolutely,"he said. "You don't have tc Mike Leavitt said the United States read too much about the pandemic of lacks the manufacturing capacity to 1918-19 to know it would be terrible and provide 300 million doses of a vaccine be very disruptive to society." the approximate population of the• Is it safe to eat poultry and poultry United States—for three to five years. products? Yes,although certain precautions For starters,however,the federal government has hired pharmaceutical should be followed in countries experi- firms to produce$162.5 million worth of encing avian flu outbreaks. vaccine,with hopes it can set aside In areas free of the disease,poultry enough for 20 million people.But be- and poultry products can be prepared cause bird flu virus is constantly mor- and consumed following good hygienic phing,researchers may end up having practices and proper cooking,with no to adjust the vaccine, tuning it closer to fear of acquiring infection with the the strain that may spread among peo- H5N1 virus. ple. Avian influenza is not transmitted through cooked food.'lb date,no evi- dence indicates that anyone has be- come infected following the consump- tion of properly cooked poultry or poul- try products,even when these foods were contaminated with the H5N1 virus. JUDSON C. HITE ATTORNEY P.C. A PROFESSIONAL SERVICE COMPANY ^ 250 ARAPAHOE AVENUE,SUITE 301 BOULDER,COLORADO 80302 TELEPHONE(303)938-1231 FACSIMILE(303)938-1526 March 22, 2006 Weld County Board of County Commissioners 918 10th Street Greeley, CO 80631 Re: David and Beverly Heussmann USR-1523—Site Specific Development Plan/Use by Special Review Dear Commissioners: I am legal counsel to Applicants, David and Beverly Heussmann, who have applied for a Site Specific Development Plan and Use by Special Review respecting an enclosed wild game bird feeding and roosting habitat and the temporary storage of concrete forming equipment on their property at 5604 WCR 18, outside the Town of Firestone. This letter is accompanied by compact disk containing a copy of a "PowerPoint" presentation that will be made during the public hearing upon the Huessmann's application to be held on this date. Additional copies of documentation referenced in the presentation are also attached to this letter. The Heussmann property is comprised of Block 3 and part of Blocks 2 and 25 in Dream Acres Subdivision. The South Platte Canal separates the property, with Blocks 2 and 3 to the north, where the family residence is located, and Block 25 to the south where the bird roost is located and where the forming equipment is stored. Briefly, Dream Acres Subdivision comprises essentially the NW% of Section 25, Township 2 North, Range 68 West of the 6'h P.M., in unincorporated Weld County. It is bounded by WCR 18 is to the north and Road 11 to the west. Road 16.75 runs east-west through the approximate middle of the subdivision. Numerous photographs in the presentation demonstrate land use conditions on the subject property, including the game bird habitat area and the equipment storage, as well as conditions on surrounding properties in the subdivision, which include numerous apparent contractor's shops, livestock confinement operations, and an airstrip (heliport). Applicants acquired their property by land contact, which closed in 1971. They began farming the land (raising crops) in 1967, and continue to do so today. They completed construction and moved into their residence in 1975. EXHIBIT 004 2) LICENSED IN COLORADO & ILLINOIS Weld County Board of County Commissioners Heussmann—USR 1523 March 22,2006 Page 2 In 1981, the Applicants' son started a Home Business in the residence, and in 1984 that business was converted into the current concrete forming specialist operations. Applicants have at all times been active in this Home Business. In 2004, the son obtained a Colorado Department of Wildlife permit and opened a Commercial Wildlife Park to raise, sell and release wild game birds. Copies of the 2004 and 2005 State permits are enclosed in the application materials. In 2003, the Applicants also conferred with the Weld County Building Department and were informed that the structures to be completed for this project, a mesh enclosed pen and a three-sided, roofed roosting barn were Agricultural Exempt Buildings, and did not require a building permit to erect. Applicants did obtain an electrical permit to run power to the roost. In May 2005, the Weld County Department of Planning Services, Compliance Division, informed Applicants that it had been advised by counsel that the game bird rearing operations involve "household pets," for which only 12 total are allowed on Applicants' three lots, and that a complaint had been made about the on-site equipment storage. A notice of zoning violation was issued, which Applicants are attempting to correct through these proceedings. Applicants filed the subject application on July 8, 2005. Game Bird Operations Respectfully, the classification of the birding roost as a "kennel" was a mistake of fact and/or law possibly attributed to unfamiliarity with the species of birds being raised. To help clarify this issue, Applicants stipulate that they intend only to raise quail and chukar (not pheasants), and provide the attached letter from Dr. Matthew Johnston of CSU's College of Veterinary Medicine stating that "Like other poultry, both [quail and chukar] fall into the order Galliformes, family Phasiaidae ... which are considered poultry species by avian veterinarians (these include chickens,turkeys, peafowl, partridges, pheasant and quail)." Dr. Johnston concludes that: "Certainly no avian veterinarian would categorize [quail and chukar] as household pets or exotic species." As poultry, Applicants would be entitled by right to have 1,500 birds on their 7.5-acre parcel. However, inasmuch as they seek to exceed that number, the bird roost is more appropriately characterized as a Livestock Confinement Operation ("LCO"). Weld County Board of County Commissioners Heussmann—USR 1523 March 22,2006 Page 3 Applicants also endeavored to compare the amount of waste their quail and chukar produce by comparison to chickens and turkeys. Attached are 24-hour waste production rates (as assayed by Dr. Johnston) showing that the combined rate is 10.8 grams per day. Also attached is a reference book listing of turkey and chicken daily waste production rates, showing that even least "wasteful" Broiler Chickens produce seven times as much waste as the combined quail/chukar rate. This evidence is presented to demonstrate that the application should properly be viewed as one for a Livestock Confinement Operation, and to suggest that even by right, Applicants should be entitled to raise somewhat more than 1,500 birds inasmuch as the species they are rearing create less of an impact than other"common" species. We believe your respected Board will agree that the application, properly viewed, meets the conditions of approval under Section 23-3-230.B(1 to7). We also wish to acknowledge and perhaps explain comments raised by some neighbors regarding the bird operations. George (Andy) Scott and his wife, Dianne Petermann claim that the birds cause Ms. Petermann to suffer allergies and sinus problems. Interestingly, they do not acknowledge that Mr. Scott was hired to build and manage the bird roost when it was first constructed. Ms. Petermann did not complain of her symptoms at that time. In fact, she was apparently never tested for allergies until some two years after the operations were in place, and — also interestingly— she was examined during a period (mid-February 2005) when the roost the completely empty of all birds (last birds removed on January 12, 2005, new brood not delivered until on or about May 1, 2005). Of course the Heussmann's do not want to harm Ms. Petermann in any way, shape or form, and thus have shut down operations in the easternmost portion of the roost and have offered to install a metal fence/partition to help mitigation any environmental conditions. Concrete Forming Business Briefly, in 1981, Applicants' son started a custom furniture manufacturing operation in the family residence. In 1984, the family converted the furniture operations into a specialty concrete forming business, with the Applicants (parents) investing significantly in initial capital expenditures, and personally contributing labor and administrative help. In 1994, the business was incorporated and the Applicants became officers and directors in the corporation. In 2004, the corporation was converted to a limited liability company, but the parents did not become members or managers therein. However, they are still actively, and significantly invested and participating in the business. Weld County Board of County Commissioners Heussmann—USR 1523 March 22,2006 Page 4 The intermittent storage of company equipment (stored temporarily on-site between job sites) consists of concrete form panels stacked on one or more trailers and/or trucks, diesel fuel (utilized to coat the forms so concrete does not adhere thereto), and miscellaneous tools and curing blankets. This activity has always and consistently occurred on the property. This is clearly a "Home Business" which is specifically authorized as a use permitted by special review in the agricultural zoning district. See, Weld County Code §§ 23-1-90 (definitions), and 23-3-40.O. Respectfully, the Planning Department misplaces reliance on Subsection 23-3-40.R of the Code to deny all commercial or industrial activity in any platted property in agricultural zone district. Rather, the more reasonable interpretation of subsection(R) is that it permits other, non- listed commercial and industrial uses, if the agricultural property in question is not otherwise platted. Here, albeit the property is part of the Dream Acres Subdivision, the use, being a Home Business, is specifically allowed by special use review - and is not one for which Applicants are seeking reliance upon the"other" clause in subsection 23-3-40.R. Furthermore, subsection 23-3-40.V allows for uses that are "similar" to listed special review uses, as long as the use complies with the general intent of the agricultural zone district. Section 23-3-40.D allows for equipment storage and storage tanks associated with public utilities. Respectfully, the storage of vehicles and trailers containing tools and equipment for a water, sewer, or power utility is not at all dissimilar to the storage of concrete forming equipment which has taken place on the property for over 20 years. Additionally, as noted above, this Home Business was initiated prior to the adoption of the County's zoning ordinance (on 8/25/81), and technically would qualify as a Nonconforming Use, which may be expanded or extended under the use by special review provisions of the Agriculture (A) Zone District. See, Section 23-3-40.N. Applicants are not seeking to expand or extend the use to the extent it qualifies as a Nonconforming Use, and thus, arguably, no permit is required. Again, once properly viewed, we believe your respected Board will agree that Applications have demonstrated compliance with 22-3-230.B(1 to7) with respect granting Use by Special Review for the storage of concrete forming equipment on the property. It is our understanding that certain other neighbors in the Dream Acres Subdivision will appear today in support of this application, and we attach two letters from neighbors who also support the application but cannot attend. Weld County Board of County Commissioners Heussmann—USR 1523 March 22,2006 Page 5 Finally, to the extent not already addressed in the application and referral materials submitted to and compiled by the Planning Department, Applicants wholly agree to comply with all Design Standards (Sec. 23-2-240) and Operational Standards (23-2-250) applicable to the LCO and Home Business, and such other reasonable conditions of approval as your honorable Board may adopt. Thank you for your consideration of these matters. er�y y yours i ms n! ' e 0,40§8t) University Knowledge to Go Places Department of Clinical Sciences Veterinary Medical Center College of Veterinary Medicine and Biomedical Sciences 300 West Drake Road Fort Collins,Colorado 80523-1678 Phone:(970)297-1274 FAX:(970)297-1275 Judson C. Hite,Attorney P.C. 250 Arapahoe Ave., Ste. 301 Boulder, CO 80302 Dear Mr.Hite: This letter is written at your request regarding the Bobwhite quail and Chukar partridges owned by Mr.Wade Heussman of 525 McClure Road,Firestone, Colorado 80520,for clarification as to the taxonomic classification of these two species of birds. Like other poultry,both species fall into the order Galliformes, family Phasiaidae. Domestic chickens are genus Gallus, species gallus. Domestic turkeys are genus Meleagridis species gallopavo. Bobwhite quail are genus Colinus,species virginianus. Chukar partridges are genus Alectoris, species chukar. All species that fall into the family Phasiaidae are considered poultry species by avian veterinarians(these include chickens,turkeys,peafowl,partridges,pheasant,and quail). Certainly,no avian veterinarian would categorize Bobwhite quail or Chukar partridges as household pets or exotic species. Sincerely, Matthew S. Johnston,VMD, ABVP—Avian Assistant Professor of Zoological Medicine iitM :CSII MEDICAL RECORDS FRX NO. :9704914107 Dec. 22 2005 O3:19PM P2 • CSU VETERINARY TEACHING HOSPITAL DISCHARGE SUMMARY SHEET Case number: 221204 Clinician: JOHNSTON, HATT Invoice number: 956745 HEUSSMANI, WADE Cost Center: EXOTICS Adult date: 12/15/2005 525 MCCLURE Primary complaint: NBH/DROP OFF FECAL TEST Adoit time: 9:00 PM FIRESTONE. CD 80520 H: (303) 589-1427. Referring clinician: Ref- NM Notified:_/ / M: Fax: Letter [ ] Phone I ] Fax [ Animal name: BIRD 2 Address: Necropsy findings reported to: Species: AVI Breed: QUAIL Sex/status: U U Color: GREY Birthdate: 06/01/2005 Referring DUN [ ] client [ ] Dismissal Date: / /_ SUMMARY CODE FINAL DIAGNOSIS Of CLINICAL SIGNS 5t ED — Q'AtI- Sewbk-c 6 • OPERATIONS PERFORMED P' -re-cAt. onarr F CkRO PJ COMPLICATIONS I [ ] Medical: .{ [ ] Surgical: [ ] Anesthesia: { DISCHARGE STATUS: Alive [ ] Died I ] Euthanasic Necropsy [ ] No Necropsy I ) CLINICIAN'S CASE SUMMARY (To include pertinent history, physical diagnostic findings, therapy instructions.) ' See: RIG [ ] Referral Letter [ ] Etas) -'9S ?f A1e_ arc.. cLrrPo-r- oato-[ZFicAnobi EuQ*)AhkA — 1 A 12/16 - 7 A O!{6 --a 3 .5 G mom 065 •P1161\0'1_61) w 0-`� r<� 'ow NI DVN • • Name of Faculty Clinician OVH FROM :CSLI MEDICAL RECORDS FAX NO. :9704914107 Dec. 22 2005 03:19PM P3 i• CSU VETERINARY TEACHING HOSPITAL DISCHARGE SUMMARY SHEET ;. .R, Case number: 221203 Clinician: J0HNST0N. HATT Invoice number: 956743 USSMANN, WADE Cost Center: EXOTICS Admit date: 12/15/2005 .525 MCCLIWE Primary c®plaint: NBH/DROP OFF FECAL TEST Admit time: 9:00 M FIRESTONE: CO 80520 H: (303) 509-1427 Referring clinician: Ref. DVM Notified:_/_/_ W: Fax: Letter [ ] Phalle [ ] Fax [ ] Animal name: BIRD 1 Address: Necropsy findings reported to: Species: AVI Breed: QUAIL Sex/status: U U Color: GREY Birthdate: 06/01/2005 Referring DVM [ ] client [ ] Dismissal Date: / /_ SUMMARY CODE FINAL DIAGNOSIS OF CLINICAL SIGNS [ 1/-('{{`'1 -- av PAerestCE OPERATIONS PERFORMED fCotn- j d-c- augtim Fi Ucllo4 COMPLICATIONS [ ] Medical: t. ( I Surgical: [ I Anesthesia: I DISCHARGE STATUS: Alive ('] Died G ] Euthanasia Necropsy ( ] No Necropsy [ CLINICIAN'S CASE SUMMARY (To include pertinent history. physical diagnostic findings. therapy instructions.) See: RIG [ ] Referral Letter ( ] tj WioeSTS it L ot-trAf1 4iptn.t1r tcfscn t� el A 0-115 — I A 0- i6 — 7. 3 c DetPQtJG s EtyrikpviizeD 0l o. `( 6oD IV DWI • • Name of Faculty Clinician DVM Table 2. Daily poultry manure production. Livestock waste facilities handbook, Midwest Plan Service, March 1985. Type Manure N P2O5 K2O lbs Turkey 0.70 0.009 0.008 0.004 Chicken Layer 0.20 0.003 0.003 0.001 Broiler 0.14 0.002 0.001 0.001 \ = 0 , 0D -nr\ S Gwv,\Thva\ e uen,1 `0 . � of = b is eloAutAil Mar 15 06 08: 41a D WIBJ Heussmann 303-833-2675 p. 2 March 15,2006 In the Matter of: Docket#2006-18 Date: March 22,2006 Time:10:00 am Applicant: Dave and Beverly Ileussmann RE: Request a Site Specific Development Plan and Use by Special Review Permit #1523 for a Livestock Confinement Operation (gaming birds)("Livestock Operation")(collectively"Site") and a Home Business ("Home Business") in the A Zone District.` There is very minimal traffic from the Home Business and very few cars that ever come out of the property from the proposed Home Business in comparison to other surrounding neighbors who's traffic is horrific. Dave and Bev are very reserved and quiet neighbors who respect the noise level and other neighbors around them. In the matter of the Livestock Operation, it is typical in Weld County for landowners in an Agricultural area to have some type of Livestock and it is such landowners"Right to Farm" their Agricultural property, As a landowner in an Agricultural area we expect that neighbors will have certain Livestock. In small parcels of land as ours, it is important for such neighbors to respect others around them and take in consideration the proper way to farm and raise Livestock, so as not to be a nuisance to your fellow neighbors. From our property we do not see any birds nor hear or smell the Livestock Operation. In driving by the specific Site, you would not even know that it was an active Livestock Operation as the structure is surrounded by 5 ft tin and netting and is very quiet. Within the building is brush that is about 4 to 5 ft high within the structure and the site looks properly maintained and looks like such owners took care in trying to divert any debris which may fly out of the structure to the surrounding area. Sincerely, re All' Jeff and Tamra llelsley Mar 15 06 08: 41a D W S D J Heussmann 303-833-2675 p. 3 March 14,2006 To whom it may concern, This letter is written as a reference of neighbor standing for Dave and Beverly l-luessman. We have lived as direct neighbors to Mr.and Mrs. Huessmann for 13 plus years and in that time have found them to be exemplary neighbors. In the few instances that we do sec them during the year they are always cordial enough to make sure we are satisfied neighbors. Mr.and Mrs. Huessmann arc diligent in the fact that they try very hard to make sure that none of their neighbors are disturbed by any of the activities at their residence. They arc always very committed to letting their neighbors know of anything that will take place on their property that might have the slightest impact on them.This is not only appreciated, but it is unusual and refreshing that they care enough about their neighbors to take the time to inform them. Much of this rural area has experienced a very invasive home building aspect in which developers have not seen it necessary to be concerned about the quality of life of those who already live in this arca, but rather,are driven only by profit. Mr.and Mrs. Huessmann have exhibited extreme concern prior to their profit enduring activities and this concern is appreciated by those who live in close proximity to them. Due to the fact that Mr.and Mrs. Huessmann have been extremely accommodating and aware of their existence within their neighborhood community, I ant sure that whatever their business endeavors are,they would conduct them with the utmost respect and consideration to their neighbors. 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