HomeMy WebLinkAbout20012483.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Colorado Elk Ranch, LLLP Case Number Z-557
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter to Applicant X
5 Legal Notifications (2 pages) X
6 Applications (4 pages) X
7 Referral List X
8 Town of Ault referral received 5/23/01 X
9 Weld County Department of Public Health and Environment X
referral received 5/25/01
10 Weld County Zoning Compliance Officer referral received 4/25/01 X
11 Weld County Department of Building Inspection referral received X
4/27/01
12 Colorado Department of Transportation referral received 4/12/01 X
13 Colorado Department of Transportation referral received 5/1/01 X
14 West Greeley Soil Conservation District referral received 5/1/01 X
15 Weld County RE-9 School District referral received 4/16/01 X
16 Weld County Department of Public Works referral received X
4/18/01
17 Weld County Sheriff's Office referral received 5/15/01 X
18 City of Thornton - Farm Management Office referral received X
5/30/01
19 8 1/2 X 11 road cross-section submitted by applicant(1 page) X
20 Property Deed (2 pages) X
21 Surrounding Property Owners (12 pages) X
22 Colorado Division of Water Resources Letter(1 page) X
23 North Weld County Water District ability to serve letter dated X
1/11/99 (1 page)
24 North Weld County Water District ability to serve letters dated X
5/21/01 (1 page)
J. EXHIBIT
2001-2483 _.a__.
COZ 4557
25 North Weld County Water District Water Service Agreement X
26 North Weld County Water District Service Agreement(signed) X
27 Irrigation Well Information (7 pages) X
27 Items submitted at planning commission
I hereby certify that the 27 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.
Chris Gathman ❖ Current Planner
EXHIBIT
\I _ ____
WliDc.
COLORADO
CHANGE OF ZONE
ADMINISTRATIVE RECOMMENDATION
CASE #: Z-557
PLANNER: Chris Gathman
APPLICANT: Colorado Elk Ranch, LLLP CIO Mikal Torgerson Architects, P.C.
ADDRESS: 211 Jefferson, Fort Collins, CO 80524
REQUEST: Change of Zone from A(Agriculture)to Planned Unit Development to create Thirty-
Eight (38) PUD zoned lots for single family residential uses on approximately 57
Acres along with 32.12 acres of open space
LEGAL DESCRIPTION: Part of the NE4 of Section 12, Township 7 North, Range 66 West of
the 6th P.M., Weld County, Colorado.
LOCATION: West of and adjacent to WCR 37 and south of and adjacent to WCR 84
ACRES: +/- 57 PARCEL # 0707-12-000020
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are not in compliance with Section 27-6-120 of the Weld County
Code as follows:
A. Section 27-6-120 8.6.a The proposal is not consistent with any intergovernmental
agreement in effect influencing the PUD and Chapters 19 (Coordinated Planning
Agreements), Chapter 22(Comprehensive Plan), Chapter 23(Zoning), Chapter 24
(Subdivision) and Chapter 26 (Mixed Use Development) of this Code.
1) Section 22-2-60 C.2 A.Policy 3 states "Conversion of agricultural land to urban-
scale residential, commercial and industrial development will be discouraged when
the subject site is located outside of an approved intergovernmental agreement
area... This policy is intended to promote conversion of agricultural land in an
orderly manner which is in harmony with the phased growth plans of a municipality
and the County. It is further intended to minimize the incompatibilities that occur
between uses in the agricultural district and districts that allow urban type uses."
The site is not presently located within an intergovernmental agreement area and
is located on land designated as "Prime" per the 1979 USDA Soil Conservation
Service Map. The number of lots proposed, thirty-seven, is considered to be urban
scale development. The site is located across WCR 37 from an existing feedlot and
immediately southwest of a feedlot permitted through a special use permit (USR-
744). This feedlot is permitted for a total of 4,000 head of cattle. The existing
feedlots create a compatibility issue with the proposed planned unit development
in terms of odors and other impacts. Staff feels that the proposed planned unit
Z-557- Stark Farm PUD
development is not compatible with these uses.
2) Section 22-6-40.B.2 requires the applicant to submit a statement as to how the PUD
development will plan for and accommodate impacts related to smoke dust and
odors.
The applicants have indicated that they will have a"right to farm"covenant, and will
make purchasers in the area aware of the adjacent feed lots. This will make future
purchasers aware of these impacts but will not provide adequate protection from the
existing feedlots in regards to dust, odors and flies. Recently, there have been
several conflicts between residential and agricultural uses outside of urban growth
boundaries. (See Dyeland Dairy comments)
B. Section 27-6-120 8.6.6 The uses which would be allowed in the proposed PUD will
not conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II of the Weld County Code.
Section 27-2-40:The applicants are requesting a waiver from the minimum lot size
requirements(2.5 acres)of the Estate Zone District. Lot sizes range from less than
1 acre to over 2 acres.
Section 27-2-5a The Weld County Department of Public Works in their referral
received April 18, 2001 are requiring that the block length for the southern roadway
be reduced to no more than 1,500 feet. The roads as submitted do not meet this
criteria. This will require a redesign of the internal roads of the subdivision. The
Department of Planning Services believes that, for internal pedestrian circulation
within the Planned Unit Development, the applicant should provide sidewalks for
pedestrian and bike use.
C. Section 27-6-120 8.6.c That the uses which would be permitted will not be
compatible with the existing or 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 or master plans of affected municipalities.
The proposed development will not be compatible with adjacent agricultural land
uses. The development site is located immediately southwest of a feedlot that has
been approved for a maximum of 4,000 head of cattle (USR-744). The proposed
development is not located within an urban growth boundary. It is located within the
3-mile referral area for the Town of Ault. The Town of Ault in their referral dated
May 15, 2001 indicated that they found no conflicts with their interests. The Town
of Ault indicated that they would like to review the traffic impact study to see the
traffic impact created by the PUD on their town.
D. Section 27-6-120 8.6.d That the PUD Zone District shall not be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II of the Weld County Code. The
development is proposed to be served by the North Weld County Water District.
The applicants have a water agreement with North Weld County Water District to
extend water lines to the development site. The Colorado Division of Water
Resources - Office of the State Engineer in their referral received April 16, 2001
Z-557 - Stark Farm PUD 2
indicated that the North Weld County Water District has not submitted sufficient
evidence documenting that the proposed water supply can be provided without
causing injury to existing water rights.
The applicants are proposing individual septic systems for this development. The
Weld County Department of Public Health and Environment indicated in their
referral received May 10, 2001 that Lots 20, 37 and 38 of the proposed
development do not meet current Health Department policy because they are less
than 1 acre in size. The three septic system envelopes designated on each lot shall
be combined to make two septic envelopes per lot. The Department of Public
Health and Environment also indicated that the septic envelope for Lot 36 does not
meet the 100-foot setback to the irrigation ditch. The Department of Public Health
is requiring that lot sizes to be increased, septic envelopes be redesigned to meet
minimum lot size and ditch setback requirements and septic system envelopes for
each lot be reduced to two envelopes per lot.
E. Section 27-6-120 8.6.e That street or highway facilities providing access to the
property are not adequate in functional classification, width, and structural capacity
to meet the traffic requirements of the uses of the proposed Zone District. The
Weld County Department of Public Works indicated in their referral response
received April 18,2001 that the traffic study submitted with this application will need
to be revised and resubmitted. The Department of Public Works also indicated that
a left-turn bay on State Highway 14 for Weld County Road 37 will be needed to
accommodate the increased traffic created by this development. The developer will
be required to obtain an access permit from the Colorado Department of
Transportation to construct the left-turn bay.
The applicant is proposing to add 4-foot shoulders to Weld County Road 37 to
mitigate the traffic impacts of this development. Public Works has indicated that
this is acceptable.
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.
Should the Planning Commission motion to approve this application fora Change of Zone
from A (Agricultural) to PUD for a thirty-eight (38) Lot Subdivision, Planning Staff
recommends the following conditions:
1. The change of zone plat map shall be submitted to the Department of Planning Services
for recording within 60 days of approval by the Board of County Commissioners.
2. Prior to scheduling a hearing before the Board of County Commissioners:
A. The applicant shall submit a signed copy of the water service agreement with the
North Weld County Water District. (Dept. of Planning Services)
Z-557-Stark Farm PUD 3
B. The applicant shall submit appropriate documentation to the Office of the State
Engineer- Colorado Division of Water Resources in regards to the three irrigation
wells on the property and the proposed connection to the North Weld County Water
District. The applicant shall provide evidence from the Division of Water Resources
that the proposed water supply can be provided without causing injury to existing
water rights. (Dept. of Planning Services)
C. The applicant shall submit a copy of an agreement with the Water Supply and
Storage Ditch Company, whose irrigation ditch runs along the southern boundary
of the proposed development, stipulating that all concerns of the ditch company
have been adequately addressed, or submit evidence that reasonable
accommodations have been made. (Dept. of Planning Services)
3. Prior to recording the Change of Zone plat:
A. The Change of Zone plat shall meet all requirements of Section 27-9-20 of the Weld
County Code. (Dept. of Planning Services)
B. A Landscape Plan and maintenance schedule shall be submitted to the
Department of Planning Services for review and approval. The Landscape Plan
shall adhere to the requirements of Section 27-9-30 of the Weld County Code. The
Landscape Plan shall address adequate buffering and screening from surrounding
Agricultural uses. (Dept. of Planning Services)
C. The applicant shall submit additional information, as required, for the drainage
report, signed by a Colorado licensed engineer, to the Department of Public Works
for approval. The applicant shall supply the Department of Planning Services with
written approval from the Department of Public Works. (Dept. of Public Works)
D. The applicant shall submit a proposed estimate for time of construction of the PUD.
(Dept. of Planning Services)
E. The applicant shall submit additional information about the use and design of the
proposed common open space in the PUD. (Dept. of Planning Services)
F. The applicant shall submit a digital file of all drawings associated with the Change
of Zone application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages
and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4) ... (Group 6 is not acceptable). (Dept. of Planning Services)
G. The Change of Zone plat shall be amended to include the following:
1) "Weld County's Right to Farm"as delineated in Chapter 22 (Appendix H) of
the Weld County Code. (Dept. of Planning Services)
2) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
Z-557 -Stark Farm PUD 4
3) The southern roadway shall be redesigned to be no longer than 1,500 feet
in length. (Dept. of Public Works)
4) An access to the property to the south of the ditch shall be provided off of
the southern road. (Dept. of Public Works)
5) The plat shall be amended to indicate adequate pedestrian pathways, trails
or sidewalks. (Department of Planning Services)
6) Primary and secondary septic system envelopes shall be designated on
each lot. There shall be only Septic system envelopes should meet the
required setbacks as described in the Weld County Individual Sewage
Disposal System Regulations. (Dept. of Public Health and Environment)
7) The approved landscape plan.
H. The Change of Zone is conditional upon the following and that each shall be placed
on the Change of Zone plat as notes prior to recording:
1) The PUD shall consist of Thirty-Eight (38) PUD zoned lots together with
common open space areas. The Change of Zone allows for(E)Estate uses
(38 lots)which shall comply with the PUD Zone District requirements as set
forth in Sections 23-3-400 of the Weld County Code. The only exception
shall be a variance from the minimum lot size requirement of 2.5 acres. The
common open space shall be owned and maintained in accordance with
Section 27-6-80 of the Weld County Code. (Dept. of Planning Services)
2) Approval of this plan may create a vested property right pursuant to Article
VIII, Section 23-8-50 of the Weld County Code. (Dept. of Planning
Services)
3) Water service shall be provided by the North Weld County Water District.
(Dept. of Public Health & Environment)
4) A Weld County Septic Permit is required for each proposed septic system
and shall be installed according to the Weld County Individual Sewage
Disposal System Regulations. Each septic system shall be designed for
site-specific conditions, including but not limited to maximum seasonal high
groundwater, poor soils, and shallow bedrock. (Dept. of Public Health &
Environment)
5) The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department,Weld County Department of Public
Health & Environment, and the Weld County Department of Planning
Services. (Dept. of Public Health & Environment, Dept. of Public Works,
Dept. of Planning Services)
6) Installation of utilities shall comply with Section 24-9-10 of the Weld County
Z-557 -Stark Farm PUD 5
Code. (Dept. of Planning Services)
7) Weld County's Right to Farm, as stated on this plat, shall be recognized at
all times. (Dept. of Planning Services)
8) The applicant shall obtain a storm water drainage discharge permit from the
Water Quality Control Division of the Colorado Department of Public Health
and Environment, if required. Silt fences shall be maintained on the down
gradient portion of the site during all parts of the construction phase of the
project. (Dept. of Public Health and Environment)
9) During development of the site, all land disturbance shall be conducted so
that nuisance conditions are not created. If dust conditions create nuisance
conditions, at the request of the Weld County Health Department, a fugitive
dust control plan must be submitted. (Dept. of Public Health &Environment)
10) In accordance with the regulations of the Colorado Air Quality Control
Commission, any development which disturbs more than five (5) acres of
land must incorporate all available and practical methods which are
technologically and economically feasible in order to minimize dust
emission. (Dept. of Public Health and Environment)
11) If land development creates more than a twenty-five (25) acre contiguous
disturbance, or exceeds six (6) months in duration, the responsible party
shall prepare a fugitive dust control plan, submit an air pollution emissions
notice, and apply for a permit from the Colorado Department of Public
Health and Environment. (Dept. of Public Health and Environment)
12) Potential Purchasers are hereby notified that a confined animal feeding
operation (USR-744) for a maximum of 4,000 head of cattle is located
directly north and east of the intersection of Weld County Roads 37 and 84.
Off-site impacts that may be encountered include noise from trucks,tractors
and equipment; dust from animal pens and odors from animal confinement,
silage, and manure. (Dept. of Planning Services)
13) A Home Owner's Association shall be established prior to the sale of any lot.
Membership in the Association is mandatory for each parcel owner. The
Association is responsible for liability insurance, taxes and maintenance of
open space, streets, private utilities and other facilities. Open space
restrictions are permanent. (Dept. of Planning Services)
14) Electrical permits shall be obtained for any irrigation systems for the
development. (Dept. of Building Inspection)
15) Proper building permits shall be obtained prior to any construction or
excavation. Building permits shall be obtained prior to any buildings or
structures being remodeled or demolished. (Dept. of Building Inspection)
Z-557- Stark Farm PUD 6
16) Building permits are required for dwellings and any accessory buildings
being constructed or moved onto the property. (Dept. of Building
Inspection)
17) All buildings shall be engineered and will require an engineered foundation.
Such foundation design shall be based on a site-specific geotechnical report
or an"open hole" inspection made by a Colorado licensed engineer. (Dept.
of Building Inspection)
18) The site shall be developed in accordance with the recommendations of the
Colorado Geological Survey contained in the referral letter, dated March 9,
2000. (Colorado Geological Survey)
19) Any signage located on the property shall require building permits and
adhere to Sections 23-4-110 and 27-6-90 of the Weld County Code. (Dept.
of Planning Services)
20) The property owner shall be responsible for compiling with the Performance
Standards of Chapter 27, Article II and Article VIII, of the Weld County
Code. (Dept. of Planning Services)
21) The applicant shall comply with Section 27-8-50 of the Weld County Code
as follows: Failure to submit a Planned Unit Development Final Plan - If a
PUD Final Plan application is not submitted within two (2)years of the date
of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submittal of the PUD Final Plan. The Board may extend the date for the
submittal of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned. If the
Board determines that conditions or statements made supporting the
original approval of the PUD Zone District have changed or that the
landowner cannot implement the PUD Final Plan, the Board of County
Commissioners may, at a public hearing revoke the PUD Zone District and
order the recorded PUD Zone District reverted to the original Zone District.
(Dept. of Planning Services)
4. Prior to submitting Final Plan application:
A. Construction plans for the utilities,showing the configuration of streets,the location
of fire hydrants, the size of water mains and available fire flows will need to be
submitted to the Ault Fire Protection District for review and approval. Evidence of
Fire District approval shall be submitted to the Department of Planning Services.
(Dept. of Planning Services)
5. The Final Plan application shall adhere to Section 27-7-30 of the Weld County Code, and
shall specifically address the following as well:
Z-557 -Stark Farm PUD 7
A. The Final Plan application shall include Improvements Agreements in accordance
with Sections 24-9-10 and 24-9-20 of the Weld County Code. The agreements shall
include the internal roads, trail, landscaping of the common open space and any
other appropriate construction elements. The agreements shall also include any
improvements to Weld County Road 37. The applicant shall indicate if the road
maintenance for internal roads will be the responsibility of the Home Owner's
Association or if the applicant will request that the road be placed on the County
road system. (Dept. of Public Works).
B. The applicant shall submit final road layout and alignment plans with associated
documents to the Department of Public Works for their review and approval. (Dept.
of Public Works)
C. The Final Plan application shall specify the Home Owners Association's method of
trail and landscape maintenance. (Dept. of Planning Services)
D. The draft covenants and Home Owner's Association shall address open space
maintenance and landscaping in accordance with Section 27-6-60 of the Weld
County Code. (Dept. of Planning Services)
E. The applicant shall submit evidence to the Department of Planning Services that
approval was received from the Department of Public Works of an Improvements
Agreement Regarding Collateral for the Transportation portion of the PUD.
(Departments of Public Works, Planning Services)
F. The Final Plan application shall demonstrate compliance with the recommendations
of the Colorado Geological Survey as stated in their referral dated March 9, 2000.
(Colorado Geological Survey)
G. The applicant shall submit a copy of the final plat with street names to be reviewed
by the Weld County Sheriff's Office, Mountain View Fire Protection District and the
Post Office which will serve the development. Comments from these agencies shall
be submitted to Department of Planning Services with the Final Plan application.
(Dept. of Planning Services)
H. A revised traffic study shall be submitted for review by the Weld County Department
of Public Works. Evidence of Department of Public Works approval of the traffic
study shall be submitted with the final plan application. (Dept. of Public Works)
The applicant shall submit evidence that an access permit from the Colorado
Department of Transportation has been granted to construct a left-turn on State
Highway 14 to access Weld County Road 37. (Dept. of Public Works)
F. A revised drainage study with hydrologic and hydraulic calculations shall be
submitted with the final plan application for review by the Weld County Department
of Public Works. (Dept. of Public Works)
G. Language for the preservation and/or protection of the second absorption field
envelope shall be placed in the development covenants. The covenants shall state
Z-557-Stark Farm PUD 8
that activities such as landscaping (i.e., planting of trees and shrubs) and
construction (i.e., auxiliary structures, dirt mounds, etcetera) are expressly
prohibited in the designated absorption field site. (Dept. of Public Health and
Environment)
H. The applicant shall contact the Weld County School District RE-9, to finalize a bus
pick-up and drop-off location. The bus pick-up and drop-off location shall be
indicated on the plat. (Dept. of Planning Services)
The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif(Group 4) ...
(Group 6 is not acceptable). (Dept. of Planning Services)
6. Prior to recording final plat:
A. The Board of County Commissioners shall review and approve the signed and
dated Improvements Agreement According to Policy Regarding Collateral for
Improvements(Public Road Maintenance and Private Road Maintenance)including
the form of collateral. The security for the Agreement shall be tendered and
accepted by the Board of County Commissioners.
B. The applicant shall submit evidence that the requirements of the Weld County RE-9
School District in their referral received April 16,2001 have been addressed. (Weld
County RE-9 School District)
C. Final covenants shall be reviewed and approved by the Weld County Attorney's
Office. Evidence of Weld County Attorney's Office approval shall be submitted to
the Department of Planning Services. (Dept. of Planning Services)
7. Prior to the release of any building permits:
A. Street intersections shall be marked with signs showing street names and address
ranges prior to construction.
Z-557 -Stark Farm PUD 9
FIELD CHECK inspection date: 5/19/01
CASE NUMBER: Z-557
APPLICANT: Colorado Elk Ranch, LLLP
LEGAL DESCRIPTION: NE4 12-7-66
LOCATION: West of and adjacent to Weld County Road 37, south of and
adjacent to Weld County Road 84
Zoning Land Use
N A(Agricultural) N Cropland.
E A(Agricultural) E Feedlot directly to the east and feedlot
immediately to the northeast .
S A (Agricultural) S Cropland/single family residence adjacent to
ditch bordering ditch along south end of site.
W A (Agricultural) W two-single family residences. Ault
Cemetary/Town of Ault 'h mile to the
southwest
COMMENTS:
• Concrete ditch forms southern boundary of the property.
* Land is fairly flat and gently sloping from south to north.
• Feedlots located immediately across WCR 37 and northeast of the site (across WCR 37 and
north of WCR 84).
• Single family residence immediately south of the site.
EXHIBIT
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Chris Gathman, Current Planner
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FAX 17T AVEN 9E
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
April 6, 2001
Mikal Torgerson
Colorado Elk Ranch, LLLP -
211 Jefferson Street
Fort Collins, Colorado 80524
Colorado Elk Ranch LLLP
P.O. Box 158
Timnath, Colorado 80547
Subject: Z-557- Request for a Change of Zone from Agriculture(A) to Planned Unit Development(PUD)
for 38 single-family residential lotson a parcel of land described as NE4 Section 121T7N, R66W
of the 6th P.M. Weld County, Colorado of the 6th P.M., Weld County, Colorado.
Dear Mr. Torgerson:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for June 5, 2001, at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Ault Planning Commission for
their review and comments. Please call Town of Ault at 970-834-2844 for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Ault Planning Commission meeting to answer any questions the Commission members may have with respect
to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully, EXHIBIT
Ekio
Chris Gathman
Planner
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