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HomeMy WebLinkAbout20040036.tiff pfd_a MEMORANDUM TO: Clerk to the Board 12/19/03 �' FROM: Chris Gathman - Planner II a COLOR COLORADO SUBJECT: Conditions of Approval for AMUSR-1216 (Messinger) * Planning staff has reviewed the letter dated December 15, 2003 from Tiffane Moore - Landmark Engineering Ltd. and has determined that it adequately addresses conditions of approval 1.A-1.C (Prior to scheduling a Board of County Commissioners hearing). This case therefore can be scheduled before the Board of County Commissioners. • r., SERVICE,TEAMWORK,INTEGRITY,QUALITY t ,' ant 2004-0036 CLandmark ENGINEERING Ltd. /^ Engineers Planners • Surveyors • Architects • Geotechnical December 15, 2003 Project No. MESSIL-3E8J-01-210 Mr. Chris Gathman Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Conditions of Approval Dear Chris: The intent of this letter is to address requirements from the Planning Commission Hearing as stated in the Resolution of Recommendation to the Board of County Commissioners. Prior to scheduling a Board of County Commissioners hearing, the Planning Commission required that the three following items be addressed with Weld County Planning Services. These items are Planning Commission's conditions of approval as stated in the Resolution. They are followed by the applicant's response and resolution to the issue. Weld County Planning Commission Condition No. 1: The applicant shall submit a detailed signage plan to the Weld County Department of Planning Services. (Department of Planning Services) Applicant Response: The applicant is not proposing any signage as part of this Amended USR-1216 and, therefore,no signage plan is proposed. Weld County Planning Commission Condition No. 2: The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners 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). Applicant Response: As required by Colorado Revised Statues Section 24-65.5-103 (adopted as part of H.B.01-1088), the applicant mailed the required certified notification of proposed development for review to the mineral estate owners and lessees on October 16, 2003. The applicant has not received any response from interested parties; written or verbal, and has not been contacted by any of the owners or lessees voicing concerns related to the Amended Use By Special Review#1216. Because of the lack of response from owners or lessees, and because we have completed the required notification process, we feel that an adequate attempt has been made to mitigate any concerns of the mineral owners or lessees who might pursue mineral interest activities on the property. It should be noted that there are no existing agreements with the property's mineral owners or lessees for this property. 3521 West Eisenhower Boulevard Loveland, Colorado 80537 Loveland (970) 667-6286 Fax (970) 667-6298 Metro (303) 629-7124 Weld County Department of Planning Services Project No. MESSIL-3E8J-01-210 December 15, 2003 Page 2 Weld County Planning Commission Condition No.3: The applicant shall provide written evidence to the Department of Planning Services that they have an adequate and authorized water source for irrigation of existing and proposed landscaping. Applicant Response: The original USR previously approved for the site, required landscaping that included a significant tree line intended to buffer the North end of the site and views from U.S. Highway 85. The existing landscaping has received irrigated water from an existing onsite water well. As a result of this Amended USR application, it has come to the applicant's attention that the existing well currently used for irrigation, was not adjudicated for landscaping purposes. As a result of the loss of irrigation water, the applicant proposes to water the existing landscaping by an alternative source of water that will be hauled into the site. The applicant shall use A & W Water Services located North of Fort Lupton to provide the watering services needed to maintain the existing landscaping and establish new landscaping. Because of the limitations on irrigation and the generous amount of existing landscaping, the applicant requests that the County consider leniency on additional landscape requirements for this Amended USR until such time that a reasonable (local) water source is available. The landscaping that is ultimately required at the proposed and future site shall be landscaped with regionally appropriate plant material. Landscaping as seen from the public right-of-way shall include a variety of trees and shrubs. All planting areas will incorporate low water use, drought tolerant species. If you have any questions or need additional information,please do not hesitate to contact me. Sincerely, Landmark Engineering Ltd. 221-(9 Tiffane Moore Planning Department TM/ej BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS davtocip6s17, 0 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, VONEEN MACKLIN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR CirnuSa i 1.1c: IN THE AGRICULTURAL ZONE DISTRICT. VONEEN MACKLIN Name of Person Posting Sign \ U L4 tier Lc -Signature of Person Hosting Sign STATE OF COLORADO ) ss. COUNTY OF WELD in The foregoing instrument was subscribed and sworn to me this/Q day of , I( (7C IC/ ( c/ , 2004 WITNESS my hand and official seal. ((( Notary Public My Commission Expires: L.! - EXHIBIT C Amuse iat Y u itil. �9j", /— ry{ ik"'ty Os fit 4 •I$li ja ,�?x 9" j�t2641,4$ r. 3 'x�• q • A a e st—nj ' �• i �i d gg i f f ¢¢ .. gi! �9 , n F � n g E ti , it i 4 .1 144i ith Y IttiYA.ti• 6 '� ; v7i'p('t p Y tail ��t�tgj,Ifs it w :t 3i h ' Iii �i �� gini+` .Ia i eY` 0,1 i�" �� "A''a;,x6 9{d . . u � i 7 trill:'' ,�. Q s F � k d:if$114 r.. 9flgS "1, ` ` p ! e k! w { Pi I � ke� I N , I 3 i I sx A} '"18 day p < f + t. i t i`� k�V Hello