HomeMy WebLinkAbout20090317.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1681
APPLICANT: Charles & Alice Greenman
PLANNER: Jacqueline Hatch
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (antique business with warehouse for antique furniture and personal
storage) in the C-1 (Commercial) and E (Estate) Zone District
LEGAL DESCRIPTION: Part of the SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1/2 mile South of State Highway 66 and East of and adjacent to
CR 1.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential,
commercial and industrial uses will be accommodated when the subject site is in an area that
can support such development. Such development shall attempt to be compatible with the
region."
Development standards and conditions of approval will ensure that the proposed use will be
compatible with the region. This site is currently zoned Commercial (C-1) and Estate (E) but
the applicants are concurrently applying to change the zoning to Agricultural (A) under CZ -
1149. Since the property was zoned Commercial a Site Plan Review application was
required. On August 9, 2005 the property was approved for a Site Plan Review application
(SPR-384) for an antique business with warehouse for antique furniture and personal
storage. The applicant is requesting to change the zoning back to Agricultural (A) Zone
District for financing purposes. If the Change of Zone is approved this Use by Special Review
(USR) application is to allow the continuation of the Antique Business on the property once it
is zoned Agricultural. Staff has spoken with the applicants regarding applying for a Non
Conforming Use (NCU) for the business but the applicants wish to proceed with the USR
application.
The surrounding property to the south and north is zoned Agricultural (A). The property to the
east is zoned Residential (R-1). The property to the west is in Boulder County and is currently
utilized as residential and agricultural. The request to change the zoning back to Agricultural
(A) would be compatible with the land uses in the region.
B. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the Agricultural (A)
Zone Districts. Section 23-3-40.0 of the Weld County Code allows for a Home Business in
the Agricultural (A) Zone Districts.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The surrounding property to the south and north is zoned Agricultural (A) and is primarily
utilized for single family homes and agricultural uses. The property to the east is zoned
Residential (R-1) and also utilized primarily for single family homes and agricultural uses. The
2009-0317
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property to the west is in Boulder County and is currently utilized as residential and
agricultural.
The property is located within an Intergovernmental Agreement Area with the City of
Longmont. The City of Longmont limits are kitty corner to the south east of the site. The City
of Longmont stated in the Notice of Inquire that the City of Longmont does not request that
the property owners submit an annexation request for the existing home based furniture
restoration business. The City will comment on the substance of the application when they
receive a referral from Weld County. At that time, at a minimum the City will again express
concern about water quality and request that no new septic systems be installed. The City of
Longmont in their referral dated November 13, 2008 state that the City of Longmont has
plans for the enlargement of Union Reservoir. These plans include property within the
rezoning boundary that may be inundated if the reservoir is enlarged. Also, the City requests
that any new dwellings and/or businesses in this area be required to connect to a public
sanitary sewer system and not be allowed to install septic systems. The applicant has
responded to the City of Longmont's referral in a letter dated December 17, 2008 stating that
they have read the statement made by the City of Longmont and agree to their terms
regarding Union Reservoir and agree not to install new septic systems. The Department of
Planning Services has included as a Development Standard that states if the existing
systems need to be repaired / replaced and public sewer is located within 400' of the property
the property owner will need to connect into the public system.
The property is also located with the three mile referral area for the Towns of Firestone and
Mead and Boulder County. The Town of Firestone limits are located approximately 3 miles to
the south east. The Town of Mead limits are located approximately 2'/: east of the site. The
Town of Mead in their referral dated November 13, 2008 state that the site is outside the
Mead Planning Area and that they have reviewed the request and find no conflicts with their
interests. No comments were received from the Town of Firestone and Boulder County.
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.
Section 22-2-100.A C.Goal.1 states "Promote the location of commercial uses within
municipalities, County Urban Growth Boundary Areas, Intergovernmental Agreement urban
grown areas, growth management areas as defined in municipal comprehensive plans, the
Regional Urbanization Areas, Urban Development Nodes, or where adequate services are
currently available or reasonably obtainable."
The property is located within the City of Longmont's Intergovernmental Agreement Area and
is an existing use. Staff believes that the Conditions of Approval and Development
Standards will ensure that the use will be compatible with existing surrounding land uses.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is within the County Road Impact Fee Area and the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8, Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The subject site is primarily classified as "prime" land and "other" land as delineated on the
Important Farmlands of Weld County map, dated 1979. This size of the property (2.8 acres)
is not conducive to agricultural uses.
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G. Section 23-2-220.A.7 —There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 can
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.
1. The plat shall be amended to delineate the following:
A. All sheets of the plat shall be labeled USR-1681. (Department of Planning Services)
B. The attached Development Standards. (Department of Planning Services)
C. County Road 1 is designated on the Weld County Road Classification Plan as a
major arterial road, which requires 140 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat
the existing and future right-of-way and the documents creating the right-of-way.
(Department of Public Works)
D. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within 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)
3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the plat not
be recorded within the required thirty (30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
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 mapsna,co.weld.co.us. (Department of Planning Services)
5. 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)
Motion seconded by Mark Lawley.
VOTE:
For Passage
Robert Grand
Tom Holton
Doug Ochsner
Roy Spitzer
Against Passage Absent
Bill Hall
Erich Ehrlich
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Paul Branham
Mark Lawley
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 January 20, 2009.
Dated the 20th of January, 2009.
,KlAbliv-LtA-Cavtd(t✓h
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Greenman
USR-1681
1. A Site Specific Development Plan and a Special Review Permit for a Home Business (antique
business with warehouse for antique furniture and personal storage) in the Commercial (C-1) and
Estate (E) Zone District and subject to the Development Standards stated hereon. (Department of
Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. No employees are permitted. The home business is an incidental use to the principal permitted use
for gainful employment of the family residing on the property. (Department of Planning Services)
4. The hours of operation are 7:00am to 9:00pm. (Department of Planning Services)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of
Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
9. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in Section 14-9-30 of the Weld County Code, as amended. (Department of Public Health
and Environment)
10. Adequate handwashing and toilet facilities shall be provided for the patrons of the facility. The
patrons shall be allowed to use the toilet facilities located in the residence. (Department of Public
Health and Environment)
11. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. If more than 6 people will utilize the existing septic
system (G19939120) on a daily basis, the system shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical review
describing the systems' ability to handle the proposed hydraulic load. The review shall be submitted
to the Environmental Health Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized, or constructed, the system
shall be brought into compliance with current regulations. (Department of Public Health and
Environment)
12. The facility shall utilize the existing public water supply. (Longs Peak Water District) (Department of
Public Health and Environment)
13. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
• 14. The property owner shall verify with the nearest Town/City or Sanitation District to determine the
location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line
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exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the
proposed structure, a septic permit cannot be granted by the Weld County Department of Public
Health and Environment. (Department of Planning Services)
Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
16. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
17. 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)
18. The applicant shall adhere to the approved Lighting Plan. (Department of Planning Services)
19. The applicant shall adhere to the approved Landscape and Screening Plan. (Department of Planning
Services)
20. No parking or staging of vehicles are allowed on County Road 1. (Department of Planning Services)
21. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
23. Building permits shall be obtained prior to the construction of any building. Buildings that meet the
definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13
of the Weld County Code do not need building permits, however, a Certificate of Compliance must be
filed with the Planning Department and an electrical and/or plumbing permit is required for any
electrical service to the building or water for watering or washing of livestock or poultry. (Department
of Building Inspection)
24. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. (Department of Building Inspection)
25. All building plans shall be submitted to Mountain View Fire Protection District for review and approval
prior to issue of Building Permits. (Department of Building Inspection)
26. The access easement along the south side of the property shall be graded and drained to provide an
all weather access to the rear of the property. (Department of Planning Services)
27. The existing home and antique shop are non -conforming structures and shall maintain compliance
with Section 23-7-40 of the Weld County Code as amended. (Department of Planning Services)
28. 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)
29. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
• 30. 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
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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.
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.
32. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from
animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use
of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with
more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of
the lowest priority for public works or may be the private responsibility of the homeowners. Services
in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock
present real threats to children. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood. Parents are responsible for their children.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, January 20, 2009
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner - Chair
Tom Holton - Vice Chair
Nick Berryman
Paul Branham
Robert Grand
Erich Ehrlich
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Jacqueline Hatch, Michelle Martin, Department of Planning Services; Don Dunker, Don Carroll,
Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris
Ranslem, Secretary.
Robert Grand moved to approve the January 6, 2009 Weld County Planning Commission minutes, seconded
by Tom Holton. Motion carried.
The Chair read the first case on consent into the record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
CZ -1149
Charles & Alice Greenman
Jacqueline Hatch
Change of Zone from C-1 (Commercial) and E (Estate) Zone District to A
(Agricultural) Zone District.
Part of the SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Approximately % mile South of State Highway 66 and East of and adjacent to
CR 1.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied yes.
The Chair asked if the applicant was here and if they wish for this case to remain on consent. The
applicant indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if there were any Commissioners who wish to pull this case from the consent agenda to be
heard. No one wished to speak.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1681
Charles & Alice Greenman
Jacqueline Hatch
A Site Specific Development Plan and Use by Special Review Permit for a Home
Business (antique business with warehouse for antique furniture and personal
storage) in the C-1 (Commercial) and E (Estate) Zone District.
Part of the SW4 NW4 of Section 30, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Approximately 1/2 mile South of State Highway 66 and East of and adjacent to
CR 1.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied yes.
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The Chair asked if the applicant was here and if they wish for this case to remain on consent. The applicant
indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if there were any Commissioners who wish to pull this case from the consent agenda to
be heard. No one wished to speak.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
PZ-1151
Kristi Walker
Jacqueline Hatch
Change of Zone from A (Agricultural) Zone District to PUD with C-3, C-4, I-1,1-2
and 1-3 uses.
Lot A and B of RE -3949 being part of NW4 of Section 20, T2N, R66W of the 6th
P.M., Weld County, Colorado.
East of and adjacent to State Hwy 85 and approximately 1/8 mile south of CR
20.
The Chair asked Ms. Hatch if she wishes for this case to remain on consent. Ms. Hatch replied yes with a
small change to the request. She stated that she would like to leave this item on consent; however there
has been an alteration to the request by the applicant.
Ms. Hatch stated that originally this was a PUD Change of Zone from Agricultural to PUD with C-3, C-4, I-
1, 1-2, and 1-3 Zone Districts. The applicant is requesting that it be altered to a straight Change of Zone
application from Agricultural to only the 1-3 Zone District.
Ms. Hatch commented that staff and the county attorney are in support of this request. She indicated that
she has handed out revised staff comments to the Commissioners outlining the changes. The only
change in the staff comments are the section numbers for the reasons of approval. She also stated that
at the end of the staff report there is a standard which states that at the time of final plat these items need
to be submitted; those items have been deleted from staff comments since no PUD Final Plat is required.
Ms. Hatch stated that staff is still in support of leaving this case on the consent agenda.
Commissioner Ochsner asked for clarification on the zoning request. He asked if I-1 is a more intensive
use than 1-3. Ms. Hatch said that 1-3 would be the most intense use. She added that legal notice was
given including the 1-3 Zone District designation. The applicant originally requested C-3, C-4,1-1, 1-2, and
1-3 and now they are requesting only the 1-3 Zone District. Ms. Hatch added that it is an intense use but it
is one that has already been notified as such.
Commissioner Grand asked if the County Attorney approves of this change. Mr. Barker replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if there were any Commissioners who wish to pull this case from the consent agenda to
be heard. No one wished to speak.
Robert Grand moved that the Consent Agenda including CZ -1149, USR-1681, and PZ-1151, be forwarded to
the Board of County Commissioners along with the amended Conditions of Approval and Development
Standards with the Planning Commission's recommendation of approval, seconded by Mark Lawley. Motion
carried unanimously.
The Chair read the first case on the hearing agenda into the record.
CASE NUMBER: 2008-XX Amendment 1
APPLICANT: Pioneer Communities Inc. & HP Farms LLC
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