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Home My WebLink About920851.tiff RESOLUTION RE: ACTION OF THE BOARD REGARDING SUBSTANTIAL CHANGE IN AMENDED SPECIAL REVIEW PERMIT APPLICATION - JAMES MCDONALD WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, a public hearing was held on the 9th day of September, 1992, at the hour of 10:00 a.m. , in the Chambers of the Board, on behalf of James McDonald, P. 0. Box 646, Frederick, Colorado 80530, for the purpose of considering whether or not there has been a substantial change in the facts and circumstances regarding the application for an Amended Special Review Permit which was denied by the Board of County Commissioners on July 1, 1992, and WHEREAS, said hearing concerned the application for an Amended Special Review Permit on the following described real estate, to-wit: Part of the E; Ws Slit of Section 25, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, James McDonald, applicant, was present, and WHEREAS, said hearing was conducted according to the Board's policy concerning Applications for Land-use for Property Previously Denied, said policy having been adopted on May 21, 1986, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and Department of Planning Services' staff and, having been fully informed, finds that the request to apply for an Amended Special Review Permit for an Airport, Open-Air Museum, and Associated Uses in the A (Agricultural) Zone District shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the applicant, in his letter of August 10, 1992, has demonstrated that a substantial change in facts and circumstances has occurred, as follows: A. there has been a reduction in the number of structures; B. there is one additional dwelling; C. there is additional screening; D. the bungee jumping activity has been eliminated. 920851 Ptosco cc , PL., Nf? / 5Hc ki 64 455 Fiti7- i(/6.jy� RE: SUBSTANTIAL CHANGE - MCDONALD PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been a substantial change in the facts and circumstances regarding the application of James McDonald for an Amended Special Review Permit. BE IT FURTHER RESOLVED by the Board that the request of James McDonald to apply for an Amended Special Review Permit for an Airport, Open-Air Museum, and Associated Uses in the A (Agricultural) Zone District be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D. , 1992. ///1 BOARD OF COUNTY COMMISSIONERS ATTEST WELD COU TY, COLORADO Weld County Clerk to the Board e Kenn , Chairman BY: //, i / , �% / , '( . tc Deputy Cler to the Board , onstance L. Harbert, Pro-Tem APPROVED AS FORM: frgeeediA--,/ C. W. Kir County Attorney Gor . ac P9 -g4 oki,vity ? W. H. ster 920851 HEARING CERTIFICATION DOCKET NO. 92-49 RE: SUBSTANTIAL CHANGE IN APPLICATION FOR AN AMENDED SPECIAL REVIEW PERMIT - JAMES MCDONALD A public hearing was conducted on September 9, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Carol Harding Assistant County Attorney, Bruce Barker Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated August 17, 1992, and duly published August 27, 1992, in the Windsor Beacon, a public hearing was conducted to consider the request of James McDonald as to whether or not there has been a substantial change in the facts and circumstances regarding the application for an Amended Special Review Permit which was denied by the Board of County Commissioners on July 1, 1992. Bruce Barker, Assistant County Attorney, made this a matter of record. He reviewed the pertinent pages of the Administrative Manual with the Board, and reviewed the definition of a Substantial Change. He stated if the Board finds there has been a Substantial Change in this application, the applicant would then need to file an Amended Special Review permit which would then go through the normal process. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record. The applicants were present, and Mr. McDonald asked for clarification from legal staff as to whether or not they should withdraw this request for Substantial Change. Sharon McDonald said they don't know whether to go forward with this, or simply to revert to agricultural usage. Mr. Barker explained County legal staff cannot give them legal advice, or even discuss the matter, without their attorney, Mr. Ray, being present. After discussion, Mr. Schuett stated the Substantial Change exists because of the reduction in structures, an additional dwelling, additional fencing, and deleting the bungee jumping. Commissioner Kirby moved to find there has been a Substantial Change in this matter, and Commissioner Lacy seconded the motion. Mr. Schuett pointed out the change is from the Amended Special Review Permit heard in July, not the original 1985 permit. Sandy Ingram, surrounding property owner, stated her reasons for opposing the Substantial Change. According to her, the application is nearly the same as the one discussed on July 1, and she feels all these matters indicated today as a Substantial Change were, in fact, presented at the July hearing. In response to a question from Commissioner Kirby, Mr. Cunliffe, Director of Planning Services, stated he feels there is a Substantial Change. The Chairman called for the question and the motion carried unanimously. In response to a question from the Board, Mr. Barker stated it would be appropriate to set a time limit for the submission of the Amended Special Review Permit at the Show Cause Hearing to be held September 16, 1992. 920851 C C ft RE: HEARING CERTIFICATION - PAGE 2 This Certification was approved on the 14th day of September, 1992. � /��1�� / � o APPROVED: ATTEST: 4/V4' V�� WELD BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO Weld CounnttyQ Clerk to she Board %/ A �i BY: c 1 ,g • / :, �,` s i? %,�� ge Ken edy, Chairman Deputy Clerk to the Board �4e Tem onstance L. Hare ro-Tem TAPE #92-26 C. W. Kir y DOCKET #92-49 Gord ii . a PL0842 11 v h )17 ��{{{V,�n0 9 l _ W. H. Webster 920851 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: James McDonald Case Number: SCH-7 Submitted or Prepared Prior to Hearing At Hearing 1. Appl ication 3 pages X 2. No Application plat X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6. DPS Mineral Owner' s Mailing List X 7 . 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Memo dated August 25, 1992, Ed Herring, Weld County Office of Emergency Management X 12. Referral response dated August 21, 1992, Ed Jordon, Weld County Sheriff X 13. Letter dated August 25, 1992, Evan A. Hooper,State Highway Department X 14. Referral response dated August 24, 1992, Judy Schmidt, Weld County Health Departments X 15. Referral response dated August 26, 1992,Edward Taglente, Town of Frederick X 16. Letter dated August 20, 1992, Charles E. Boyes,Mountain View Fire Protection District X I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board' s office on September 2, 1992. rre anne STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS day of 19 %2-2 SEAL J 41)1AP NOTA PUBLIC My Commission e:piresflc;e:ner21,1335 y' • uz. My Commission Expires E v v 6 : it G ;�';s...• < 92O851 EXHIBIT INVENTORY CONTROL SHEET Case f %7f/;4__ ' C4'r10f, — fY i c kaajd, v a.)')2fc.G.' Exhibit Submitted By Exhibit Description 1 c2J,y B. ! et 1Z clo 43datd )(PLC('2 l� R< 'lifial ql C. T , DLL;n �, ci) tthrhL A- g .2 D. 7', `a./l.nu r a iA l .C I n al(.11Z11x 1 t - �.4�,J&61-e-14-469J e Co � u _ gig E. PIA htLLrr (t-ln-oruz3u-r-g_, Cut 'l`'` i;l (F. L Tear- :.rte -:'. .' _ /� "r G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 1ZU851 ' NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 92-49 APPLICANT James McDonald P.O. Box 646 Frederick, CO 80530 DATE: September 9, 1992 TIME: 10:00 a.m. ISSUES: Whether or not there has been substantial change in the facts and circumstances regarding the application for an amended special review permit which was denied by the Board of County Commissioners on July 1, 1992. LEGAL DESCRIPTION: E; WI SW'-,-, of Section 25, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: August 17, 1992 PUBLISHED: August 27, 1992 in the Windsor Beacon 920851 r- y r):1 c.I M Pursuer'to the zing sue of the Mate of Cokxado and the Weld County Zoning - D Ordnance,a public hewing y';:1 COUNTY UNTY wB to held In the Chambers of the Board of County rr ,,,-. ;, r' AFFIDAVIT OF PUBLICATION Commissioners of Weld County, Colorado, Weld Countycennnnial Center. pp SEP -2 EA 9:S'%'%TE OF COLORADO 915 19th Spell.PM Floor, Greeley.Colorado.at the SS time npealbd.A9 moons in COUNTY OF WELD any mawar Merestd Mine CLERK following matter are TO T�'iC Pr,/ �-,, requested n Send Ind '= "'''"'-I, KEITH HANSEN, of said County of Weld, being duly be hied. sworn,say that I am publisher of Should the intent or wry Interested party desire the WINDSOR BEACON pen a a nowt reports to make a record of the lo addklon to the taped lewd witch will a weekly newspaper having a general circulation in said to lalp ding the heal g, County and State, published in the town of WINDSOR, the Clerk to the Board's office shall be advised in in said County and State; and that the notice, of which writing of such action a the annexed is a true copy, has been published in said least live days prior to the hearing. The cost of weekly for__j__successive weeks, that the notice e ngaging scow rower was published in the regular and entire issue of every shall be borne by the u mlaukg perry. number of the paper during the period and time of BE IT ALSO KNOWN thin publication, and in the newspaper proper and not in a the text and maps so supplement, and that the first publication of said notice esrdW iyt the Weld Cowry was in said paper bearing the date of the Planning Commnslen mil be armed In the Pilau of /3.--/ the Clerk/e the Bond a do / day of 72444 6i Sf , A.D., 19 q, O.-and County Commissioners, located in the Weld County the last publication bearing the date of the cement Center•915 19dt Street dam' day of , A.D., 19_ and that the said WINDSOR BEACON has been published DOCKET NO:oeeo continuously and uninterruptedly for the period of 5 APPLICANT: James consecutive weeks,in said County and State,prior to the McDonald,P.O.Box MS, Frederick CO IMMO date of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate DATE.eepnlra4ltB¢ printing of legal notices : r,d advertisements, approved TIME:1090 am May 18, 1931,and all prio ac so ar as in force. ISSUES:Whether or not there /*has san cis and drw change I b wln�the regenfing the Q applloallon for an amended •L SHER special radow permit Mich was denied by the Bard a day County Commissioners es Subscribed and sworn to before me this • •kry 1.1912. of 7-17c 9-cc SV 19 I> LEGAL DESCRIPTION:E • 1 _ 12W 1R SW 1M al Section �( - Ti `TLuZ)oL✓ 26. Township 2 North. Ranee a West a the eth • NOTARY PUBLIC i P.M.; Weld County, Colorado My commission expires /—/ 7-9 S -LOCATION:Adjacent to the Town of Frederick:net of Weld County Rood/1,ad north of and adjacent to — Wald County Red le BOARD OF COUNTY ' COMMISSIONERS.WELD OOUNIY,COLOM00 • BY:1DONALD D.WAKEN, - WELD COUNTY CLERK TO TIE BOARD BY:ehaq'K.la Deputy Clelkbthe Bend DATED: Augur 17.at PttblbM in the Windsor Beeson on August 27, Mg 9209,51 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-49, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this 19th day of August, 1992. Deputy Clerk to the Board JAMES MCDONALD P.O. BOX 646 FREDERICK, CO 80530 LESLIE AND ALINE GRISHAM P.O. BOX 43 FIRESTONE, CO 80520 CECIL S. AND MICHELLE J. MILLER 7402 WELD COUNTY ROAD 11 LONGMONT, CO 80505 AUSTIN DALE PETERSON 604 MARIANNE LANE CATONSVILLE, MD 21228 JON 0. AND LORI A. FOOTE 5059 WELD COUNTY ROAD 16 LONGMONT, CO 80505 EDWARD A. AND CAROL L. HERSON P.O. BOX 27 FREDERICK, CO 80530 RONALD G. AND KATHERINE M. GAULTE NORTH 6637 SOUTH ISLAND VIEW DRIVE WATERTOWN, WI 53094 FRANK MUNOZ P.O. BOX 494 FIRESTONE, CO 80520 CHARLES L. AND DENISE STEWART 7200 WELD COUNTY ROAD 11 LONGMONT, CO 80505 RUSSELL G. AND HELEN I. JUBENVILLE 7592 WELD COUNTY ROAD 11 LONGMONT, CO 80505 920851 WILLIE B. AND MYRNA SMITH CHARLES C. AND GLENDA M. ERSKINE PATRICIA L. AND KILLOUGH L.R. DAVIS 1039 GAY STREET LONGMONT, CO 80501-4312 DACONO INVESTMENT CO 6825 TENNESSEE #235 DENVER, CO 80224 920851 rla;sess,)it DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET 1119 GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, September 1, 1992, at 1: 30 p.m. to review a request for approval from James M. McDonald for permission to file a land-use application for property previously denied a land-use permit by the Board of County Commisisoners. The Planning Commission will consider whether the petitioner has demonstrated that a substantial change in the facts or circumstantces has occured subsequent to the Board of County Commissioner' s decision or that there is newly discovered evidence that the petitioner could not have discovered with diligent effort at the time of the original land-use application was consysidered. The parcel of land is described as the E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado, and is 40 acres, more or less. The property is adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be sumbitted in writing to the Weld County Department of Planning Serivces , 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 1, 1992. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Judy Yamaguchi, Chairman Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by August 21, 1992 Received by: Date: 9851 rXhrt CASE NUMBER: SCH-7 DATE: September 1, 1992 NAME: James McDonald ADDRESS: 5129 Weld County Road 16 P.O. Box 646 Frederick, Colorado 80530 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: The E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THE REQUEST BE APPROVED FOR THE FOLLOWING REASONS: It is the opinion of the Department of Planning Services Staff that the applicant in his letter of August 10, 1992, has demonstrated that a substantial change in facts and circumstances has occurred. The applicant is proposing to reduce the density of uses and structures in a new land-use application. 920851 t lip, WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT PHONE(303)356-4000,EXT 4245 35 OR 353-4? '4 P.O. BOX /58 III 1 GREELEY,COLORADO 80633 C. COLORADO TO: Keith A. Schuett FROM: Ed Herring 37/ DATE: August 25, 1992 REF: James M. McDonald Substantial Change Hearing We have reviewed the request and find no conflicts with our interests. As we discussed I have no information in my files to indicate that Mr. McDonald has any fuels for planes at this location. If there are fuels, above the reportable quantity per the Superfund Amendment and Reauthorization Act (SARA) Title III Section 302, 311 and 312, then this facility is in violation and I would not recommend issuing a permit until such time as this facility is in compliance with SARA Title III. 920851 tirgit. ,c(tiC DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 WIlD 915 10th STREET GREELEY,COLORADO 80631 , , COLORADO CASE NUMBER: Substantial Change Hearing TO WHOM IT MAY CONCERN: Enclosed is an application from James M. McDonald to review a request for permission to file a land-use application for property previously denied a land- use permit by the Board of County Commissioners. The parcel of land is described as the E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Frederick; east of Weld County Road 11, and north of 2;,D 2., ,...rand adjacent to Weld County Road 16. This application is submitted to you for review and recommendation. Any comments 13 ::;,,, 32 _ : ok' recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 27, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. �! We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. s r fer to the enclosed letter. Signed: Agency: S / F P Date: © V DI AUG 25 1992 111 STATE OF COLORADO DIVISION OF HIGHWAYS �� o y S` P.O. Box 850 Greeley, Colorado 80632-0850 (303) 353-1232 OF CO Weld Co. Off System McDonald Substantial Change Application West of Frederick August 25, 1992 Mr. Keith Schuett, Planner Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Mr. Schuett: We have reviewed the application from James McDonald, and we have no comment on the proposal . Thank you for the opportunity to review this proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, e - lam[ ` 00 / Evan A. Hooper, Development/Access Coordinator EAH/cm cc: L. D. Yost File ig AUG 21 ,9-9-'2-9ll Weld County p lanning 920851 AnriCit• 11 DEPARTMENT OF PLANNING SERVICES �9 ` ' r PHONE(303)356-4000,EXT.4400 hiDe R91510th STREET : : : GREELEY COLODO 80631 1992 COLORADO ran CC M Y IEAL5 CASE NUMBER: Substantial Change Hearing TO WHOM IT MAY CONCERN: Enclosed is an application from James M. McDonald to review a request for permission to file a land-use application for property previously denied a land- use permit by the Board of County Commissioners. The parcel of land is described as the E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 27, 1992, so that we may give full consideration to your recommendation. Please call Keith A. Schuett if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our 111 interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signal: //(1 t--4x.'f Agency: Y ' { tY� f/f l�► Q. I ! 7 Date: � ' 7� (� �� 408 2 6 ,990 Weld co4.14! a-7An19 u 1 AUG-27-92 THU 9:32 FRFnERICK POLICE DEPT. FAX NO. 303 °I3 2516 P. 02 • tt 4 '9 DEPARTMENT OF PLANNING SERVICES PHONE 000)76e-000.EXT.4400 91010th STREET GREELEY.COLORADO a0e71 �i COLORADO CASE NUMBER: Substantial Change Hearing TO WHOM IT MAX CONCERN: Enclosed is an application from James M. McDonald to review a request for permission to file a land-use application for property previously denied a land- use permit by the Board of County Commissioners, The parcel of land is described as the E2 W2 SW4 of Section 25, T2N, R6SW of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 27, 1992, ao that we may give full consideration to your recommendation. Please call Keith A. Schuett if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. )( We have reviewed this request and find that it i o 4S /VO Y does/doss not) comply with our Comprehensive Plan for the following reasons. /A rifle /C kC EK. 7O L erreR. ON PRE✓IOKS I9 PPA Gig-17044 Ou K Pog ,Tion/ If4S A/oT GH/4tt/S-ED, 2. We do not have a Comprehensive Plan, but we feel this request (is/ia not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. [•� Signed: L o1 `LT� Agency: T0Cagi o 6 fieefiep (c/C Date: 8 - a f 2. 11PLPAIWG 27 \99'Z AUG 2 ?—' 92 10: 32 303 833 251 t,Mcl MOUNTAIN VIEW FIRE PRO i ECTION DISTRICT Administrative Office: ,lax, 700 Weaver Park Road • Longmont, CO 80501 (303) 772-0710 Metro (3 AUG 2 4 1992 Weld County Planning • August 20, 1992 Mr. Keith A. Schuett Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: RE: Substantial Change Hearing Case Number: SCH-7 James McDonald 5129 Weld County Road 16 Frederick, CO 80530 I understand from our phone discussion today that, if the applicant is allowed to resubmit a Land-Use application by the County Commissioners, the Fire District will be given an opportunity to comment on that new application itself. The Fire District has no comments on the Substantial Change Hearing. Sincerely, Charles E. Boyes Fire Prevention Specialist CC: Jerry Ward, Chief of the District Mark A. Lawley, Division Chief, Fire Prevention Station I Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobtan Run P.O.Box 666 P.O.Box 40 Longmont.CO Longmont.CO 299 Palmer Ave. 8500 Niwot Road Lafayette.CO 600 Briggs 100 So.Forest SI. 80501 80501 Mead,CO 80542 Niwot,CO 80544 80026 Erle,OO 80516 Daoono,CO 80514 920851 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 915 10th STREET 111 pGREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, September 1, 1992, at 1:30 p.m. to review a request for approval from James M. McDonald for permission to file a land-use application for property previously denied a land-use permit by the Board of County Commissioners. The Planning Commission will consider whether the petitioner has demonstrated that a substantial change in the facts or circumstances has occurred subsequent to the Board of County Commissioner' s decision or that there is newly discovered evidence that the petitioner could not have discovered with diligent effort at the time of the original land-use application was considered. The parcel of land is described as the E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado, and is 40 acres, more or less. The property is adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County CentennialCenter, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 1, 1992. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Judy Yamaguchi, Chairman Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time b u ust 21, 1992 Received by Date: 920851 LAND-USE APPLICATION SUMMARY SHEET CASE NUMBER: SCH-7 DATE: August 25, 1992 NAME: James McDonald ADDRESS: 5129 Weld County Road 16 Frederick, Colorado 80530 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: The E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the town of Frederick; east of Weld County road 11, and north of and adjacent to Weld County Road 16. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The applicant is requesting to submit a new Land-Use application on this property. The previous application (Amended USR 537-3) for a change to the existing Special Review permit was considered by the Planning Commission on April 7, 1992, and recommended denial of this request. The Board of County Commissioners considered this request on July 1, 1992, and denied the request. The Planning Commission will consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The planning Commission will forward a written recommendation of its findings to the Board of County Commissioners. Attached are copies of the applicant's letter requesting permission to file a new Land-use Application and a copy of the criteria for the Substantial Change Hearing. 920951 �- > ' �. I E .b.• k a. r• __J �� E ti:so er 0' 1--• ▪ _I I . 25 z. 1. ]e • 'C eV! - I 1 > :I 'fs 1 1 I /. ' ]] SI• ZS .I,a; •1. a.•+'.1 z ® f ,� 1 I] n . I 1•IA ;0\l>' • � ,'1I RC. 1 (�j� a v `1J• v • ••• J .\ / ss = G �•` I z , IS▪ •� S2 ' 'e ' • • :� 1/ • a o 47 VASSALS ,^J MEAD „.7. b" • • o`••4. 1 • • O, r • • : • JI a� N. 1 11, 1 r ' r �T •1•. •D ° ��Fhst r -' I 7 • r° w:o•T z : .no. • k c, • I his T. i z, D xo I IHp� • xJ 7---÷-4• J1e {{QQ 5 R•a� ^ X • f ' zv. / xJ 1`t• >, WI FC z 1 At _ _ NN I d�, l F I�11 Its r "°,1!'"°- %�JJ� ,. ` / _ • \ a °.BdRBOUR° ppN0 - a - \ J• 79]x/ ' Jz ]J A �" - - : I F•RSn.TE ;•I gEL 5/ v,o^ • 1�' .�^ V " / .� � _ P� • t _ °D? 1 s •1 • I j 't3 ." SI . C - — J l ,Irc _ J s - • 1 I' ILLS C tir••no J o J� E' id)) ow :' / ( --. - •ly CAS. 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' f ' r P i .. C ,Y 3 .4 •t 4 ...XW+. J #T r d' (aLi.j F ' f :‘,444 5y- .' 2 "tt d • IN • r . .q.. dt : ! e•,t5' } t s - irk x /1/�: tiM• - • ra,•; '. YtY x i • .- ., E . s.•7' 'i`- 'i"r y T .�..w.w• yxA { • A y-vim.. 3 '3 x -,„ 'L�. ;;,•,,,::, T t Z • '.i Vic:! :+ • , fi r.. i • • i 3 ? . ''�` •. -,5 <d1 't r F ' t. < ,, ` s - ,,rte, fi • n ' I►"" Si- ) 31c x 5 4 i t i 1"% r F� „i • y: G .y.., + t a JA. xii,r i r - t µ. 3 • S • a.. M 6 w+' +-.. '� '.'' rit' ,I.;t.,,,,- , 9 • I , t Tt 8.. ii, .. . . ,, ; , 92085,. t t .� • APPLICATIONS FOR LAND-USE FOR PROPERTY PREVIOUSLY DENIED 1. Neither an applicant nor his successors in interest in property for which a land-use application was denied within the preceding five (5) years may submit a land-use application or request a rehearing on a previously submitted application for any portion of the property contained in the original application unless the Board of County Commissioners has determined that, based upon a showing by the applicant, there has been a substantial change in the facts and circumstances regarding the application or that there is newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. 2. "Substantial change in facts and circumstances" shall mean a substantial change in the land-use application, in the surrounding land-uses or in applicable provisions of the law. 3. A petition requesting rehearing on an application or permission to file another application for property previously denied a land-use permit shall be submitted to the Department of Planning Services for processing. The Department shall schedule a substantial change hearing before the Planning Commission or the Board of County Commissioners. Land-use applications originally heard by only the Board of County Commissioners shall be scheduled before the Board only. The Planning Commission shall consider the rehearing petition only if it considered the original land-use application. It shall review the petition and any supporting information. The Planning Commission shall consider whether the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Planning Commission shall make a written recommendation of its findings to the Board of County Commissioners. 4. Legal notice of a substantial change hearing shall be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the Planning Commission hearing. 5. Notice of the substantial change hearing and the public hearing date shall be provided to owners of property located within five hundred (500) feet of the parcel under consideration and owners and lessees of the mineral estate on or under the parcel under consideration. The notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Similar notice shall also be provided any agency, body, or group who received a referral request from the Department of Planning services on the original application. 6. The Board of County Commissioners shall hold a substantial change hearing after the legal notice and notices to property owner, mineral owners and lessees, and referral agencies identified in 4 and 5 have been completed. The legal notice and notification shall be done at least ten (10) days prior to the Board's hearing. 6 920951 7. The Board of County Commissioners may grant such a petition when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence not available to the applicant at the time the Board considered the application. The Board may deny the petition solely upon the contents of the petition or when deemed advisable by the Board that the applicant has failed to demonstrate that a substantial change in the facts or circumstances have occurred subsequent to the Board's decision or that there was newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application. The Board shall consider the applicant's rehearing petition, the Planning Commission's recommendation, oral testimony at the public hearings, written related information, and any other relevant material in making its decision. 8. When the Board of County Commissioners grants a rehearing petition, the applicant may file a new application with the Department of Planning Services. The application shall be processed in accordance with the requirements of the Weld County Zoning Ordinance or Weld County Subdivision Regulations. 9. No petition for rehearing may be granted where the decision of the Board of County Commissioners on a land-use application has been appealed or contested in any court of law, during the pendency of the court action. 7 920851 ,I :41 P992UVc�d�nar. 6� �. :31 19:9°E2:: c '.G'�-n,a--.=4/ eer>s-e_s_..._.• �6u_.Eh.�S,,��2 .: .�X, <-Z L' _tiic..,Li -/S=y2 _caf 2 . _ L //uT• z•> /v v •v �iSet , C.:: / �_,f /3 e₹ o t --Gc' __ G.4-2 _ e_o -ccs L., d�X D u t GoX / .ice • L. ,��.L' ��rz� o (L c-) -37-7 Ca- c-,=-0 . •--2- eve_ - G�� C_C c C� cr / � _ r ( tom 4 GAL' -'-. , _7 L-Le-E_,C-c- -C. "CiC '---t.._C-er -' fee tea./ ‘,S7Gc-) 126;d1_4:7" c o 92O851 i , 1 3 /2/7, y.•.f ttz_ ice-,,s ,,_,(vc ,.r c_zi_r _me,?,� , �n ,,---2&?-- -�'.-G-L.," ..i,-GtE`-�-o o7c.� . -�.YlGc�-�. /f/,I GA-o-.. ``�`'_.y- {�`t-Q-.f-,cL�i-eS) _ !;�,z z__f ,, c'.C)c•-roc:. '-cc -e-Ct.77 , =6.%✓L.e' e_cac •E y2 _ J (. C� e- acs -e-t -27,t, fit.z. .(1 c-c.te z ce- a - '.--e✓ Lc, /7 -el-C .% aQ- rey ;2 ._¢_ C�sse< v ; .1.-t.��. �z. .rr�c.-.,,csL�., ._ -C�-ri-�: .-C�•t- �� - _ ,.� -az�:c -�C... „7.z- ---c_ 'C.e.--72 Lc.-c'5 -4 v- // mt,:. �u tip_. _2,,a _ r i---a — L-e__.,___ ,_-a-ci c c2 ..-L---4121 ' --- el"-------e---C,ar---,X'u-.2- e-r_-a-- -- . - _c-C.-A-6---C 17:-.G oLZu: iN--`t._ cs ;1j --)2--cc-.-et- C--0.-c_oS:._--,' • Z"et-accx'-_�c-- --?--.7-__. CO--c. - ,it tz.. S' .A v e? n---/- ,- '_.G-L-J C.3 c-�-e--ct _ -6-tom ' i _°?��-'L-- -=�-,t. _c ..CL/-_s{iL. i_�ci_._ i :-.r--eC� ten- 'd s`� /- 4t_ -'Lt.k Le_ -5<11-i-4- 4 --',Q--Lc- - ,_k_, - {-e ; /--c,* /f- - 7/`tl Y C__. AL✓7 LZ--t`'---1 L..=1 -C-2C-f-47; g_..., c.-_L - i ..a _C, c_ Z,.-,-.. ..__.,-- -et—A-L.-L. ,.L CZ-ft/7 cz-i' fir —ke Z.y-r--C. ' 920851 f2 3 eg _3 . .--,4 fake. /52CJX'' iLf4-Lo 7722- eft C' -" e' -r-e(c.. --)1(ry1t6X- ."--- -2.-E._-- „/eCte Jcf% �L�„^`�� ,/' ��,2ax--�i .Ltc-cr-z c.e j at C-cam GAL,.....c-ty ��ze/ / -er Lt/1 f5 o D j. eccE.(G c,.z/ G tt' e.„- ------,_., /2 f i y� ,..e, ! ,- 1-,--� e, /mod ,_ _ -c_E A-72.a _c�n-e-2�- C�ti�2 �n"d- e- _ 'z� ��.-4_tic" a yy � , e. - 'z 6'- eft_.�c � -�-�- s-� -../ .JGC2-u !! Lt-ma c.rii--A-v-7J-Y�ta./ --ft.e._i. _E--A_c. —C-_ri-32 _/.t .,C C.,- --ac-64-6/ 7 / (.9 -)C> C4-C-4.4_, (i CT Of---K--c-,_-o-rt---- C or7Q...(...,..C7.--r.c 1 ,"1 A / 17�E 4..E �J-e e e.- LQ_t _of,,t.._.- I-a-s,------' c_ e: L.)'(6:2 e- C. ..i .z--,---iii—,_c_ z e'er I �X) CLl-t`c ,> vim- -L��- -c-1 ` � ,� [`Q .f I 920851 R: - PL NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the following matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 92-49 APPLICANT James McDonald P.O. Box 646 Frederick, CO 80530 DATE: September 9, 1992 TIME: 10:00 a.m. ISSUES: Whether or not there has been substantial change in the facts and circumstances regarding the application for an amended special review permit which was denied by the Board of County Commissioners on July 1, 1992. LEGAL DESCRIPTION: El WI SW* of Section 25, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: August 17, 1992 PUBLISHED: August 27, 1992 in the Windsor Beacon AUB ' 7 7- V 199 REFERRAL LIST NAME: James M. McDonald CASE NUMBER: Substantial Change Hearing REFERRALS SENT: August 12, 1992 REFERRALS TO BE RECEIVED BY: August 27, 1992 COUNTY TOWNS and CITIES Attorney _Ault X Health Department Brighton Extension Service _Broomfield X Emergency Management Office Dacono X Sheriff's Office _Eaton X Engineering _Erie _Housing Authority _Evans • X Airport Authority _Firestone X Building Inspection Fort Lupton . X Frederick STATE Garden City _Division of Water Resources Gilcrest _Geological Survey _Greeley _Department of Health _Grover - X Highway Department _Hudson _Historical Society Johnstown Water Conservation Board Keenesburg - X Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie _Ault F-1 _Longmont Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 _Platteville _Hudson F-7 Severance _Johnstown F-8 _Thornton La Salle F-9 _Windsor 4 X Mountain View F-10 _Milliken F-ll COUNTIES _Nunn F-12 _Adams Pawnee F-22 _Boulder _Platteville F-13 _Larimer Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 US Army Corps of Engineers _Southeast Weld F-16 USDA-APHIS Veterinary Service Windsor/Severance F-17 • X Federal Aviation Administration Wiggins F-18 Federal Communication Commission _Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER Brighton Central Colo. Water Conservancy Dist. Fort Collins Panhandle Eastern Pipe Line Co. _Greeley . X Tri-Area Planning Commission X Longmont _West Adams COMMISSION/BOARD MEMBER X Shirley Camenisch 9211. DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ID 91510th STREET GREELEY,COLORADO 80831 C. COLORADO TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Substantial Change Hearing - SCH-7 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, September 1, 1992, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: James M. McDonald FOR: A request for permission to file a land-use application for property previously denied a land-use permit by the Board of County Commissioners. LEGAL DESCRIPTION: The E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Keith A. Schuett, Current Planner. 920851 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number SCH-7 for James M. McDonald in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 18 day of August, 1992. 920851 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNER James M. McDonald Substantial Change Hearing Leslie and Aline Grisham P.O. Box 43 Firestone, CO 80520 Cecil S. and Michelle J. Miller 7402 Weld County Road 11 Longmont, CO 80505 Rustin Dale Peterson 604 Marianne Lane Catonsville, MD 21228 Jon 0. and Lori A. Foote 5059 Weld County Road 16 Longmont, CO 80505 Edward A. and Carol L. Herson P.O. Box 27 Frederick, CO 80530 Ronald G. and Katherine M. Gaulte North 6637 S. Island View Drive Watertown, WI 53094 Frank Munoz P.O. Box 494 Firestone, CO 80520 Charles L. and Denise Stewart 7200 Weld County Road 11 Longmont, CO 80505 Russell G. and Helen I. Jubenville 7592 Weld County Road 11 Longmont, CO 80505 Willie B. and Myrna Smith and Charles C. and Glenda M. Erskine Patricia L. and Killough L.R. Davis 1039 Gay Street Longmont, CO 80501-4312 Dacono Investment Co. 6825 Tennessee #235 Denver, CO 80224 920951 REFERRAL LIST NAME: James M. McDonald CASE NUMBER: Substantial Change Hearing REFERRALS SENT: August 12, 1992 REFERRALS TO BE RECEIVED BY: August 27, 1992 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service Broomfield _ X Emergency Management Office _Dacono X Sheriff' s Office Eaton X Engineering _Erie Housing Authority Evans _ X Airport Authority Firestone X Building Inspection Fort Lupton X Frederick STATE _Garden City _Division of Water Resources Gilcrest _Geological Survey Greeley _Department of Health Grover X Highway Department Hudson _Historical Society Johnstown _Water Conservation Board _Keenesburg X Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 _Longmont _Berthoud F-2 _Mead Briggsdale F-24 Milliken _Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 _Platteville _Hudson F-7 _Severance Johnstown F-8 ____Thornton La Salle F-9 Windsor _ X Mountain View F-l0 Milliken F-11 COUNTIES _ _Nunn F-12 _Adams Pawnee F-22 Boulder _ Platteville F-13 Larimer Platte Valley F-14 _ Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 US Army Corps of Engineers _Southeast Weld F-16 USDA-APHIS Veterinary Service Windsor/Severance F-17 X Federal Aviation Administration _ Wiggins F-18 _ _ Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. _ _ Fort Collins Panhandle Eastern Pipe Line Co. Greeley X Tri-Area Planning Commission X Longmont West Adams COMMISSION/BOARD MEMBER X Shirley Camenisch 92O851 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE MINERAL OWNER James M. McDonald Substantial Change Hearing Leslie and Aline Grisham P.O. Box 43 Firestone, CO 80520 Cecil S. and Michelle J. Miller 7402 Weld County Road 11 Longmont, CO 80505 Bustin Dale Peterson 604 Marianne Lane Catonsville, MD 21228 Jon 0. and Lori A. Foote 5059 Weld County Road 16 Longmont, CO 80505 Edward A. and Carol L. Herson P.O. Box 27 Frederick, CO 80530 Ronald G. and Katherine M. Gaulte North 6637 S. Island View Drive Watertown, WI 53094 Frank Munoz P.O. Box 494 Firestone, CO 80520 Charles L. and Denise Stewart 7200 Weld County Road 11 Longmont, CO 80505 Russell G. and Helen I. Jubenville 7592 Weld County Road 11 Longmont, CO 80505 Willie B. and Myrna Smith and Charles C. and Glenda M. Erskine Patricia L. and Killough L.R. Davis 1039 Gay Street Longmont, CO 80501-4312 Dacono Investment Co. 6825 Tennessee #235 Denver, CO 80224 920851 September T. 19;2 2 WELD COUNTY t ��.�...•.�., ,� n. r! 'r' v.Il o 4,,,,,L .....„.. .0.; =i riir„i;.:r;rrli�i .:r 915 1J 10th Street CF t!'1?!!! .p n �1 i2 32 Creeieiy. CO 0631 =jj F (.� (. CLERK TO TEE: B0.LTD x r! D rl DPar r+5 rr. issir:r..?rn Tr: • letter 1s t-- fe.r ;! to 7_r:_ .r -r, tr. i f. r•i ti ' C r This 1•-tai(" ;,; ref rLi?_ _ _ :<�L:Ir:•:. .!y , i_ ii�,:3fIJ hearing on •�r,�:ten—,Lrl Cil:itn. After re'?ie :'i :ii:, trig ti ,?. r: ail:, I-..& .ruiinei Corruii s•;i3ri T:e:3( lriy on `Septerric-r first and :tt `i: 'r;t_ tie Tr;-Area r►inriiriq hearing on the _ .,`:e •JIJ•y 1 urge you to •-iGr t•J .,_ ub ta±it ia. er,.ir;e • eques t. M t the above hearings , : r-mr- Mel.s.ionicrs '_.._•_•_aritlB, cr ,3ri:y• consisted of cYlezir;o bunig e jumping from the L:.plicaticri, .3d ding a noire. ii:o5'iriq two C?i-li!e::'ii:;s. ♦ 1 i several :. ll ti1,'•;i...'- and 1-. which nad already UF..''1L'.tlrla�. ;.I:i�3il �4.ISJiit'1= •11•it� closing �� .`liiiYl'�i� I been addressed and vertu+S-1 t the •.rliii .h nearing in front of you J the July 15 ,.• hel ,!id 1.1r McDonald ald er1!ili ri•Jtei3 bun gee 'lumping on record The:. run',•(d7 nail -. ..E '.7.10:7_,-:-:.1 ;J Ii was on someone else's (.ir hirer ty. When the fenced ♦4..-.t -.- r s. runway w i'Y t+N'n owners 1c'[ii=•C�� .1._ r.;i��:r. .. r x117-_ eliminated. M( McDonald oi^o made this p r` of record on the . i..ly i =tti hearing. The a,y i home, t - -, s -.f t. ^1 i1 r-„�- - y the Y• i t u•.d+i?iiri :)f 5 �t•!� moving :�� . rvCi .ai i71 i.y�: and .:i�_ deletion lli several lilt•' •_ ••.ii3'3 rilutir iri 11111 itiri•, ti;.4 r n_.i4Cla.,•li in 3 !e•_•-Gi ._ j:e 03i_: Uatee, June 15th. 1'9'2. Tn:_ Vftr- also ...:tee part of tne• re".:_. IJ at the !uiu I 5tn heJr iriig. in that letter rites fir lirv_•eu ct,Lrlangtn; al ! -handers that rill been 1 ,, .y:, trivet for try, historical t Yir 1 o f !e deleting }'�Ire`v'l�i:�':y ri:ii i _ .ii �J'.�IiJ1:;�{�•. f�i•: i't f' . _ t _ . rii t historical 1-u;1 y •. and -i� T i ;ge 5:i 1 am:�i nt i.ff the �•li•. JrtGvl i�a,l.vf(1is�: il:� ,CL��iirl� the I rli�(��:ry leaving the i tii. _ _ buildings the some. My understanding that the f•;- '?ose f'Ji triC sucstarir,iiti change re' i_ie_EF ii s so the areas of safety, screening Land}non- or'imer`_i&& use of the :Jtr'Jort would be +�liirlre::seu trii_i3 C•3rl5titutirig i] . .._:_T:ritialicranye. A new oppilicat;ori would iollo`Ar1 and tnen r eoef iriir.iian of the operational standard': concerning these car _d_. Due process Myrt. n r- ati -,j r•!: M:.r:-.: ;, r•,t!1•.:.y :1 a ei interpretation _ Ii< „_ir•:I�r.�.. .�.iN�. . .Ii of ter ir:e two r.'i''_ .irio•: 1., the still thins to a•i:: fc.,rZ r t: :1•-..._ :r. r.it.a= `;:_/ni ee ;u;'t-Ic• rig. In e. 13i.,iificar. ri + he will submitted .,...,,;11 ',.•:e .C I..-1•y tr.., Snle 0iii= :7:; .._ fir a; on trig •Jul'. 1 _ trt. ;1_ 1iiy*Il1 3tfl1 ilia. i.idiid _ r .::1 _ ._. -.:e .1 i.i.i f,:I ; 1_ .,F,G! ar-iOr•iS including riUl air balloons uric prr achL to t�-ir:i:'1i•:t:. The screening ?_/p now i tne l will remain 1i. same with ,_pie 3IJIJiLi3il Ct •:Clio = gate. 920851 Its Once ,again,Mr McDon,.A has missed the point or has cho. I to ignore it. He constantly threatens to go toot: to r- crtirlg and has stated publicly they are not going to accept a iot of restrictions they will go back to -Zcning first. I will accept nothind but restrictions. Therefore I feel our efforts at a middle ground has failed . Mr. MoDcnald was given a second chance to make things right and play by the rules and once again has chosen to ignore it. I feel we are wasting our time, "tme and the tax pa:4el :. money by allowing a new application that has not yet address the issues at hand and will only end up where we started. I will oppose any application submitted by Mr McDonald that does not address in detail safety, screening and the closing of airstrip operations. The issues are not going away and the problem is not being declt with. I now feel action is needed and revocation is the only answer. We need to grit westing time and allowing this to dreg on any further. Sincerely. Sandy Ingram ar. CC: Connie Herbert, County Commissioner CV. Kirby, County Commissioner Gordon Lacy, County Commissioner George Kennedy, County Commissioner W.H. Webster, County r_omm ssioner- Lee Morrison.ison. County Attorney K :}h Schuett,e4t County u Planner 920851 C2ISCreai_e_e7.2Par-7 ' . . - 1:/ V ? A/ -- -a-lil C,,X) Ca . 2 2e .2- /c�, _...tits..-Zl --,1/4_ , 15' c: ,,,,,_i_f_x/6-72,47,Z_C___Zite<ra, { ,_6&te-M &# . ew ez,* c err, ___,(24 2,-,Ltke.22 a4o � - L / a.4� k && a7-ezi ,x7 9 _ sz az 2-- c-!t 62 L-e-c, /67%10_, ,.:24_,,idaitereg . -.,<, , `c> -e u�2CJ 9 x?4-ena ) r. ._ 6U Ln �o 1 I sic, c.„.„.) , J‘772.,,ate �?��G% � a> f a _ytz__.d, , ,_,-,,, c Q �..ca \S4&72c-1-& / % c� • rr a)re'L) S yitece.21 L--0c -€ ,_„-er7r ,'10 '6-,aac-/ GO - ,r9evaceAV B/' , � 1 Ii 1! 920853. + SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING September 1, 1992 A regular meeting of the Weld County Planning Commission was held September 1, 1992 in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Vice-Chairman, Don Feldhaus . Tape 420 Roll Call Richard Kimmel Absent Jean Hoffman Present Tom Rulon Absent Bill O'Hare Present Judy Yamaguchi Absent Juliette Kroekel Present Don Feldhaus Present Shirley Camenisch Present Bud Clemons Absent Also present: Lanell Swanson, Current Planner, Keith Schuett, Current Planner, Department of Planning Services , Lee Morrison, Assistant County Attorney, John Pickle, Weld County Environmental Protection Services , Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on August 18 , 1992 , was approved with corrected spellings on surrounding property owners' names . The Planning Commission members expressed their condolences for Judy Yamaguchi's loss of her father. CASE NUMBER: SCH-7 NAME: James McDonald .. ADDRESS: 5129 Weld County Road 16, P.O. Box 646 , Frederick, Colorado 80530 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: The E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. James and Sharon McDonald, applicants , explained they would decrease the number of buildings by 11 in the original proposal and were no longer operating bungee jumping. They will only be adding two buildings now. 1 xl,�L; f 920851 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION September 1, 1992 Page 2 Planning Commission members had various questions and Keith Schuett explained the questions could be asked at the time the applicant submitted an amended Special Review application, if the substantial change was approved. He explained in the process for this hearing the applicant had to proved he was implementing a substantial change from the original application. The Vice-Chairman asked if there was anyone in the audience who wished to speak for or against this application. David Smith, surrounding property owner, asked questions , but Keith Schuett had to again explain these would be handled in an amended application, if the substantial change was approved. Jean Hoffman moved SCH-7 , James and Sharon McDonald, be forwarded, with staff' s comments to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Bill O'Hare seconded the motion. The Vice-Chairman asked the secretary to poll the members of the Planning Commission for their decision. Jean Hoffman - yes; Bill O'Hare - yes; Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch - yes. Motion carried unanimously. CASE NUMBER: Amended SUP-44 NAME: Morning Fresh Farms ADDRESS: 15121 Weld County Road 22 , Platteville, CO 80651 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a livestock confinement operation (2 ,410,000 chickens) , fertilizer and composting facility, and a greenhouse in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the W2 of Section 15, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 31, north of Weld County Road 32. Fred Otis , Attorney, representative for Morning Fresh Farms, explained this company has been in business for 22 years . They are a local company and very successful. This application will cover long range plans for any future changes. He presented a map showing future construction for the facility. Don Feldhaus asked if this expansion will consume most of the property currently owned. Fred Otis said yes. 3.20851 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION l?,'-I n C ,,.., y I ' RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS s.Tn _? nn Moved by Jean Hoffman that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning CommisaCKAhat the application for: TO THE 2Otir3 CASE NUMBER: SCH-7 NAME: James McDonald ADDRESS: 5129 Weld County Road 16, P.O. Box 646, Frederick, Colorado 80530 REQUEST: Substantial Change Hearing LEGAL DESCRIPTION: The E2 W2 SW4 of Section 25, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Frederick; east of Weld County Road 11, and north of and adjacent to Weld County Road 16. be recommended favorably to the Board of County Commission for the following reasons: It is the opinion of the Weld County Planning Commission that the applicant has demonstrated that a substantial change in facts and circumstances has occurred. The applicant is proposing to reduce the density of uses and structures in a new land-use application. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Jean Hoffman Bill O'Hare Juliette Kroekel Don Feldhaus Shirley Camenisch The Vice-Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on September 1, 1992. teld the is of Seer, 1992 haryn F. Ruff � ` Secretary 920851 drib;+ D Hello