HomeMy WebLinkAbout20053163.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant DeHaan Case Number li AMUSR-1231
•
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
✓ Department of Planning Services Field Check Form X
✓ Letter to Applicant X
✓ Legal Notifications X
V 2 Application X
Maps X
✓ Deed/Easement Certificate X
✓ Surrounding Property/Mineral Owners X
Utilities X
3 Referral List X
Referrals without comment X
USDA-APHIS Veterinary Service referral received 3/15/2005 X
V Fort Lupton Fire Department referral received 3/15/2005 X
V 4 Referrals with comments X
Weld County Department of Public Works referral received 3/30/2005(3 pages) X
/ Weld County Department of Public Health and Environment referral received X
4/12/2005
Weld County Department of Public Health and Environment referral received X
6/9/2005 (4 pages)
,✓ Weld County Department of Building Inspection referral received 4/1/2005 (2 X
pages)
Agricultural Extension referral received 4/6/2005 X
✓ Longmont Soil Conservation District referral received 4/19/2005 X
✓ Town of Frederick referral received 3/22/2005 (t lsi 'a(L hie ['e„osnutb,) X
✓ Office of State Engineer—Division of Water Resources referral received 3/15/2005 X
Weld County RE-8 School District referral received 3/15/2005 X
V 5 Surrounding Property Owners/Mineral Owners - Letters
✓' 5A Letter from K.P. Kauffman dated March 21, 2005 r['f a u',kder.. ,-c Esh;b;fs) X
v. 6 PC Exhibits
✓ 6A Sign Posting Affadavit X
I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
EXHIBIT
2005-3163
Chris Gathman + Planner
#*11\ 4t;
COLORADO LAND USE APPLICATION
SUMMARY SHEET
Case Number: AMUSR-1231 Hearing Date: May 17, 2005
Applicant: Larry& Margaret DeHaan Address: 9743 County Road 16
Request: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)
and Animal Feeding Operation for 2,300 milking cows along with approximately
1,700 replacement heifers, dry cows and calves in the A(Agricultural) Zone
District
Legal Description: E2 SW4 and W2 SE4 of Section 27, Township 2 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: North of and adjacent to County Road 16 and 1/4 mile east of County Road 19
Size of Parcel: +/- 160 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received .....
• Weld County Department of Public Health and Environment, referral received 4/12/2005
• Weld County Department of Public Works, referral received 3/30/2005
• Weld County Department of Building Inspection, referral received 4/1/2005
• Fort Lupton Fire Protection District, referral received 3/15/2005
• School District RE-8, referral received 3/15/2005
• Longmont Soil Conservation District, referral received 4/19/2005
• Agricultural Extension Service, referral received 4/5/2005
• Office of the State Engineer—Division of Water Resources, referral received 3/15/2005
• Town of Frederick, referral received 3/22/2005
• USDA-APHIS Veterinary Service, referral received 3/15/2005
EXHIBIT
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Wi�Pc.
COLORADO
Planner: C. Gathman
Case Number: AMUSR-1231 Hearing Date: May 17, 2005
Applicant: Larry & Margaret DeHaan Address: 9743 County Road 16
Request: A Site Specific Development Plan and a Special Review Permit for an
Agricultural Service Establishment for a Livestock Confinement Operation (Dairy)
and Animal Feeding Operation for 2,300 milking cows along with approximately
1,700 replacement heifers, dry cows and calves in the (A)Agricultural Zone
District
Legal Description: E2 SW4 and W2 SE4 of Section 27, Township 2 North, Range 67 West of the 6th
P.M., Weld County, Colorado
Location: North of and adjacent to County Road 16 and V.mile east of County Road 19
Parcel Size: +/- 160 acres Parcel Number: 1311 27 000043 & 1311 27 000040
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 22-2-60 A.Policy 1.3 states
"Allow commercial and industrial uses, which are directly related to, or dependent upon
agriculture, to locate within the A(Agricultural)Zone District when the impact to
surrounding properties is minimal, and where adequate services are currently available
and reasonably obtainable. Agricultural businesses and industries will be encouraged to
locate in areas that minimize the removal of agricultural land from production." There is
an existing dairy currently operating at the site. The proposed amendment will be located
within the boundaries of USR-1231 which was approved in 1999 for 2,500 cows. The
proposed amendment will not expand the boundaries of the original USR.
DeHaan—AMUSR-1231 2
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 B.16 of the Weld County Code provides for
livestock confinement operations (dairies)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. The vicinity is agricultural in character with rural
residences. The Busker Dairy facility(approved under USR-1356) is located 3/4 mile
west of the site. There are eight (8)single residences ranging from approximately ''A mile
to approximately 1/2 mile to the west and northwest of the site. There is an existing single
family residence located approximately 900 feet south of the site. There are four(4)
existing residences to the east of the site ranging from immediately east of the USR
boundary to 3/4 mile from the site. Agricultural land is located to the north of the site.
Development standards and conditions of approval will effectively mitigate any adverse
impacts to surrounding areas.
d. Section 23-2-220.A.4 --The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities.
e. Section 23-2-220.A.5--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)
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 majority of the
site is designated "Prime"with a portion of the site designated as "irrigated non-prime"
according to the U.S.D.A. Soil Conservation Map, dated 1979. The applicants are adding
animal pens and improvements to the site but are not expanding the boundaries of the
original USR. Dairy facilities are also considered an agricultural related use.
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.
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 scheduling a Board of County Commissioners hearing:
A. The applicant shall either submit to the Weld County Department of Planning Services a
copy of an agreement with the properties mineral owners/leasehold interests (KP
Kauffman) stipulating that the oil and gas activities have adequately been incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owners. (Department of Planning Services)
B. The applicant shall submit an updated Septic System Exhibit that delineates: 1)the
location of the existing and proposed employee housing units, 2)the location of the
existing and proposed septic system placement, 3)the septic permit and square footage
of the existing and proposed septic systems associated with that mobile home, and the
location of the wells. The updated Septic System Exhibit shall be to scale and with the
scale referenced. The updated Septic System Exhibit shall be submitted to Kent Kuster,
Water Quality Control Division of the Colorado Department of Public Health and
Environment for review as to the applicability of the Site Application process as described
in the CDPHE Site Location and Design Approval Regulations for Domestic Wastewater
Treatment Works (Regulation 22). A copy shall also be provided to the Weld County
Health Department. (Department of Public Health and Environment)
C. The applicants shall provide evidence to the Department of Planning Services that there
is an adequate water supply (from the Central Weld Water District)to supply all the
existing and proposed mobile homes on the property. (Department of Planning Services)
2. Prior to recording the plat:
A. Each sheet of the plat shall be labeled AMUSR-1231. (Department of Planning Services)
B. The applicant shall attempt to address the requirements of the Longmont Soil
Conservation District as stated in their referral received April 19, 2005. (Longmont Soil
Conservation District)
C. The applicant attempt to address the requirements of the Weld County School District
RE-8 received March 15, 2005. (Weld County School District RE-S)
D. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Road 16 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires a 60-foot right-of-way at full build out. A total of
30-feet from the centerline of County Road 16 shall be delineated as right-of-way
on the plat. (Department of Public Works)
3. The Site Plan for Front Range Dairy shall be amended to delineate only a total of
14 employee housing units (the nine (9)currently on site and the additional five
(5)proposed housing units). (Department of Public Health and Environment)
E. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health and Environment. Employee housing units#1 and
#2 do not have documented septic systems. These existing septic systems will require
and I.S.D.S. Evaluation prior to the issuance of the required septic permits. In the event
either or both of the systems are found to be inadequate, the system must be brought
into compliance with current I.S.D.S. regulations. Evidence of Health Department
approval shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
F. Documentation regarding well permits 52955F and 52954F shall be submitted to the
Weld County Health Department. Evidence that this documentation has been submitted
to the Health Department shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
DeHaan—AMUSR-1231 4
G. Should the CDPHE determine that the existing layout of mobile homes and/or addition of
new mobile home(s) require Site Application approval (per Regulation 22)the facility shall
provide evidence of Site Application approval. If the facility is not subject to the Site
Application regulations, the applicant shall provide evidence of such to the Department of
Public Health and Environment. Evidence from the Department of Public Health and
Environment that this condition has been satisfied shall be provided to the Department of
Planning Services. (Department of Public Health and Environment)
H. The applicant shall provide the following information to the Weld County Department of
Public Health and Environment:
1. Documentation prepared by a Colorado Registered Professional Engineer, that
all existing wastewater impoundments for the confined animal feeding operation
meet seepage rates as defined in Water Quality Control Commission Regulation
81.5(2) (b). Documentation for any new impoundment shall be provided for 30
days prior to use of the impoundment.
2. Evidence that a Standard Operating Procedure for sludge and manure removal
(cleaning of impoundments to maintain capacity) has been approved by the
Colorado Water Quality Control Division as described in Water Quality Control
Commission Regulation 81.5 (3)(b).
3. A site plan and site layout, which demonstrates that any existing or new
impoundments meet required setbacks to water wells and groundwater as
required in Water Quality Control Commission Regulation 81.5 (6).
Evidence that this information has been submitted and approved by the Health
Department shall be submitted to the Department of Planning Services. (Department of
Public Health and Environment)
The facility shall submit an application for a CAFO Colorado discharge permit as provided
in Water Quality Control Commission regulation 61. (Department of Public Health and
Environment)
J. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. 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 thirty (30) 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)
4. 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 maps(@.co.weld.co.us. (Department of Planning Services)
5. Prior to Release of Building Permits:
A. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan. Commercial building plans shall bear the wet stamp of a
Colorado registered engineer or architect. Two complete sets of plans are required when
applying for each permit. Commercial building plans require a Code Analysis Date sheet,
provided by the Weld County Building Department. Residential building plans may be
required to bear the wet stamp of a Colorado registered architect or engineer.
(Department of Building Inspection)
B. The hospital parlor will required an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered
engineer. Engineered foundations shall be designed by a Colorado registered engineer.
(Department of Building Inspection)
6. 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)
DeHaan—AMUSR-1231 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Larry& Margaret DeHaan
AMUSR-1231
1. The Site Specific Development Plan and Special Use Permit is for an Agricultural Service
Establishment for a Livestock Confinement Operation (Dairy) and Animal Feeding Operation for
2,300 milking cows along with approximately 1,700 replacement heifers, dry cows and calves in
the A (Agricultural) Zone District, as indicated in the application materials on file 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. 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)
4. Water service for all employee housing units shall be provided by Central Weld County Water
District. (Department of Public Health and Environment)
5. All septic systems on the property must be maintained in good working order at all times.
(Department of Public Health and Environment)
6. The facility shall maintain compliance with the requirements of the Site Application in accordance
with Regulation 22 (as determined by the Colorado Department of Public Health and
Environment,Water Quality Control Division). (Department of Public Health and Environment)
7. The facility shall obtain and comply with their CAFO Colorado Discharge Permit and operate in
compliance with Colorado Water Quality Control Commission (WQCC) Regulation #61 and #81.
(Department of Public Health and Environment)
8. There shall be no discharge of manure or process wastewater into surface water from the
production area of land application areas except as provided in the facility's CAFO Colorado
Discharge Permit. (Department of Public Health and Environment)
9. Manure and process wastewater shall be applied at agronomic rates and in accordance with the
facility's Nutrient Management Plan and/or Manure and Wastewater Management Plan.
(Department of Public Health and Environment)
10. The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations.
There shall be no open burning except "agricultural open burning" as defined by Colorado Air
Quality Control Commission Regulation 9. (Department of Public Health and Environment)
11. There shall be no permanent disposal of solid wastes, as defined in the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site. (Department of Public
Health and Environment)
12. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
(Department of Public Health and Environment)
13. The facility shall control fugitive dust on this site and operate in accordance with the facility's
Management Plan for Nuisance Control (current approved plan dated February 2005).
(Department of Public Health and Environment)
14. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with their Management Plan for Nuisance Control (current approved plan
dated February 2005). Additional control measures shall be implemented at the request of the
Weld County Department of Public Health and Environment in the event that rodents (which can
be determined to be associated with the facility) are in such a number to be considered a
nuisance condition. (Department of Public Health and Environment)
15. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times,with their Management Plan for Nuisance Control (current approved plan
dated February 2005). Additional fly control measures shall be implemented at the request of the
Weld County Department of Public Health and Environment in the event that flies (which can be
determined to be associated with the facility) are in such a number to be considered a nuisance
condition. The plan shall also be implemented in the event the Weld County Department of
Public Health and Environment receives a significant number of fly (associated with facility)
complaints, and in the judgment of the Weld County Health Officer, there exists a fly condition
requiring abatement. (Department of Public Health and Environment)
16. The facility shall be operated in accordance with the odor abatement provisions of their
Management Plan for Nuisance Control (current approved plan dated February 2005). Odors
detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as
measured pursuant to Regulation 2 of the Colorado Air Pollution control Regulations. Additional
controls shall be implemented at the request of the Weld County Department of Public Health and
Environment in the event the odor levels detected off-site meet or exceed the level of fifteen-to-
one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor
condition requiring abatement. (Department of Public Health and Environment)
17. The applicant shall remove, handle, and stockpile manure from the livestock area in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to exist or
deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutant runoff.
The surface beneath the manure storage areas shall be of materials which are protective of State
waters. These areas shall be constructed to minimize seepage or percolation of manure
contaminated water. In no event shall the facility impact or degrade waters of the State in
violation of Colorado Water Quality Control Commission Regulation Number 81. (Department of
Public Health and Environment)
18. Waste materials, not specifically addressed by other development standards, shall be handled,
stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions. (Department of Public Health and Environment)
19. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone as delineated in Section 25-12-103 C.R.S. (Department of Public Health and Environment)
20. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan. Commercial building plans shall bear the wet stamp of a Colorado registered
engineer or architect. Two complete sets of plans are required when applying for each permit.
DeHaan—AMUSR-1231 8
Commercial building plans require a Code Analysis Date sheet, provided by the Weld County
Building Department. Residential building plans may be required to bear the wet stamp of a
Colorado registered architect or engineer. (Department of Building Inspection)
21. The hospital parlor will required an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building
Inspection)
22. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International
Building Code, 2003 International Mechanical Code, 2003 International Plumbing Code, 2002
National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
23. Building heights shall be measured in accordance with the 2003 International Building Code for
the purpose of determining the maximum building size and height for various uses and
construction types and to determine compliance with the Bulk Requirements from Chapter 29 of
the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and setback requirements.
When measuring buildings to determine offset and setback requirements, buildings are measured
to the farthest projection from the building. Property lines shall be clearly identified. (Department
of Building Inspection)
24. A separate building permit shall be obtained prior to construction of any building. (Department of
Building Inspection)
25. In the event that 5 or more acres are disturbed during the construction and development of this
site, the applicant shall obtain a storm water discharge permit from the Water Quality Control
Division of the Colorado Department of Public Health and Environment. (Department of Public
Health and Environment)
26. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department
of Planning Services)
27. The number of mobile homes to be used for employees shall be limited to fourteen total, as
proposed in the application. Any additional accessory residential structures must obtain all
appropriate building and zoning permits. (Department of Planning Services)
28. At such time that the dairy operation should cease, the mobile homes, which are accessory to the
Special Review Permit, must be removed from the property or the appropriate zoning and
building permits shall be applied for and approved for the appropriate use. (Department of
Planning Services)
29. The hours of operation in the milking parlors and related facilities. Equipment operations, trucks,
farming activities and maintenance activities other than emergencies will occur primarily during
daylight hours. (Department of Planning Services)
30. 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)
31. The property owner shall allow any mineral owner the right of ingress or egress for the purposes
of exploration development, completion, recompletion, re-entry, production and maintenance
operations associated with existing or future operations located on these lands. (Department of
Planning Services)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
33. The property owner or operator shall be responsible for complying with the Operation Standards
of Section 23-2-250,Weld County Code.
34. Personnel from the Weld County Departments of Public Health and Environment, Planning
Services and Public Works 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.
35. 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.
36. 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.
DeHaan—AMUSR-1231 10
�46(4 � DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10T"Street
GREELEY, CO 80631
PHONE: (970)353-6100, Ext. 3540
FAX (970)
304-6498
SOUTHWEST
O OFFICE
4209 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720)652-4211
March 8, 2005
Larry& Margaret DeHaan
Thomas Haren
AGPROfessionals
4350 Hwy 60
Longmont CO 80504
Subject: AmUSR-1231- Request for A Site Specific Development Plan and Amended Special Review Permit for a
Livestock Confinement Operation (dairy) and Animal Feeding Operation for 2, 300 milking cows along with
approximately 1,700 replacement heifers, dry cows and calves in the A(Agricultural)Zone District on a parcel
of land described as E2SW4 &W2SE4 of Section 27, T2N R67W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for May 17, 2005, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 4209 CR 24 ''A, Longmont, Colorado. It is recommended that you and/or a
r.cepresentative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
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 Firestone, Fort Lupton and Frederick Planning Commission for their
review and comments. Please call Firestone at 303-833-3291, Fort Lupton at 303-857-6694 and Frederick at 303-833-
2388 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 Firestone, Fort Lupton and Frederick Planning Commission meeting to answer any
questions the Commission members may have with respect to your application.
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. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is
the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
,espectfully,
dujis
Chris Gathman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS May 7, 2005. 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, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR AMUSR-1231 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
Chris Gathman
Name of Person Posting Sign
(/ituo LA-
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this 11 l day of (Y1
` , 2005.
WITNESS my hand and official seal.
ASP.K. E/9
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Notary Public
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FIELD CHECK inspection date: April 26, 2005
CASE NUMBER: AMUSR 1231
APPLICANT: DeHaan
LEGAL DESC: E2SW4 and W2SE4 of Section 27, Township 2 North, Range 67 West of
the 6th PM, Weld County, CO
LOCATION: North of and adjacent to County Road 16 and 1/4 mile east of County
Road 19.
Zoning Land Use
N A (Agricultural) N Agricultural land
E A (Agricultural) E Agricultural land and residences
S A (Agricultural) S Agricultural land/single family residence
W A (Agricultural) W Rural agricultural residences (8 residences)
Existing dairy improvements on the property. Dairy is located on a hill that slopes down
from all sides.
Chris Gathman Planner II, AICP
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