HomeMy WebLinkAbout990497.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Terry & Janice Wiedeman/David Case Number Z-519
& Kathleen Hunt
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 Memo to Planning Commission dated December 19, 1998 X
5 Letter to Applicant X
6 Legal Notifications (2 pages) X
7 Application (25 pages) X
8 Referral list X
9 Town of LaSalle referral response received 12/01/98 X
10 Weld County Health Department referral received 12/10/98 (2 X
pgs)
11 Weld County Public Works Dept. referral received 1/7/99 (5 pgs) X
12 West Greeley Soil Conservation District referral received X
11/23/98
13 Colorado Dept. of Transportation referral received 11/23/98 X
14 Weld County Zoning Compliance referral received 11/13/98 X
15 24" X 36" plat maps submitted by applicant(3 page) X
16 8 1/2 X 11 maps submitted by applicant(1 pages) X
17 Deed X
18 Letter from Melvin Dinner dated 12/18/98 (8 pages) X
19 Surrounding Property Owners (8 pages) X
20 Letter from Public Service dated 10/29/98 X
21 Letter from Central Weld County Water District dated 4/07/98 X
22 Letter from Greeley Gas dated 11/05/98 X
23 Letter from US West Communications dated 11/04/98 X
24 Geologic and Mineral Evaluation prepared on 06/04/98 (11 pgs) X
24 Items submitted at planning commission
�J EXHIBIT
G � t U P/4 990497
/O _n rr /{nom _sLG ha,
I hereby certify that the 24 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.
Julie A. Chester •3 Current Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS I cc day of TT 19 (7`I .
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES 72/YZO/
9 7
4th \ CHANGE OF ZONE
"IDe ADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-519
PLANNER: Julie A. Chester
APPLICANT: Terry Wiedeman/David Hunt
ADDRESS: 13434 WCR 42, Platteville/14460 WCR 40, Platteville
REQUEST: PUD Change of Zone to create five E (Estate)zoned lots, one commercial lot for a
garage, with a 78.2 acre agricultural outlot and 2.82 acres of open space
LEGAL DESCRIPTION: Lot B of Recorded Exemption-2112, part of the S2 of Section 14,
T4N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: Located Northwest of and adjacent to U.S. Highway 85 and East of and adjacent to
WCR 33
ACRES: 104.45 acres PARCEL 105714000058, 105714000003
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 the application requirements of Section
6.3.8.2 of the Weld County PUD Ordinance 197.
2. The submitted materials are not in compliance with Section 6.4.3 of the Weld County PUD
Ordinance 197 as follows:
A. Section 6.4.3.1.1 - That the proposal is consistent with the Weld County
Comprehensive Plan, MUD Ordinance if applicable, any Intergovernmental
Agreement in effect influencing the PUD, and the Weld County Zoning Ordinance
and Subdivision Ordinance.
1) A.Goal 1 states "Preserve prime farmland for agricultural purposes which
foster the economic health and continuance of agriculture." This proposal
is keeping the most productive part of the farm intact by setting aside a 78.2
Agricultural outlot. This outlot will continue to be used as farmground and
the residential lots will be large enough to allow for small agricultural
activities. The Estate zoning of the residential lots allow for one animal unit
per acre, so that animals may also be kept on these properties.
2) A.Goal 2 states, "Allow commercial and industrial uses which are directly
related to or dependent upon agriculture to locate within Agricultural zoning
when the impact to surrounding properties is minimal, and where adequate
services and infrastructure is available." The lot to be zoned commercial is
proposed for the new location of Dan's Garage. Dan's Garage is currently
mmery farm
EXH T implementsutilizedby andthe personalfarming vehicles.co unity Thefor current ther locationpair and of Danse 'sice Garageof is
Service,Teamwork, Integrity,Quality Hunt/Wiedeman Z-519 Page 1
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directly to the south of this proposal on the northeast corner of U.S. Highway
85 and Highway 256.
3) A.Policy 3 states, "the conversion of agricultural land to residential,
commercial, and industrial development will be discouraged when the
subject site is located outside of a municipality's comprehensive plan area,
urban growth boundary area or 1-25 Mixed Use Development area and urban
development nodes." This proposal is located within an urban node,
adjacent to U.S. Highway 85 and State Highway 256, adjacent to the
unincorporated town of Peckham.
B. Section 6.4.3.1.2 - The uses which would be allowed in the proposed PUD will
conform with the Performance Standards of the PUD Zone District contained in
Section 2 of this ordinance. The proposal conforms with all the Performance
Standards except Section 2.20 Water and Sewer Provisions. This section states
that all PUD's containing commercial and/or industrial uses shall be served by a
public sewer system. The application does propose public water to be provided by
Central Weld County Water District, however, each lot is proposed to be served by
an individual septic system. Septic systems would be allowed on the Estate zoned
lots, however, Section 2.20 of PUD Ordinance 197, effective on January 26, 1998,
states that all PUD's containing commercial and/or industrial uses shall be served
by a public sewer system. The Weld County Health Department has indicated that
an individual septic system on this lot would be adequate for the type of use and the
size of the use proposed for the commercial lot. The Department of Planning
Service's does not have the authority to waive this requirement and therefore, must
recommend denial of this application, for this reason.
C. Section 6.4.3.1.3-That the uses which would be permitted shall 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 the Comprehensive
Plan or Master Plans of affected municipalities. The proposal is for five residential
lots, adjacent to the unincorporated town of Peckham and several other residences.
Dan's Garage, which is proposed for the commercial lot, is currently located on the
south side of Highway 256 and would have minimal impact on surrounding land
uses. The Agricultural outlot is compatible with other agricultural uses in the area.
There currently is a migrant housing facility directly east of and adjacent to U.S.
Highway 85 and other agricultural uses. This proposal is approximately one mile
from the Town of Gilcrest and they responded in their referral response that this
proposal does not conflict with their interests.
D. Section 6.4.3.1.4-That the PUD Zone district shall be serviced by an adequate water
supply and sewage disposal system in compliance with the Performance Standards
in Section 2 of this Ordinance. As stated previously, there is an adequate water
supply to this site, however, public sewer is not available for the commercial lot. See
2.B above.
E. Section 6.4.3.1.5-Street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District. WCR 33 is designated
on the Weld County Transportation Plan Map as a local gravel road and is
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maintained by Weld County. State Highway 256 and U.S. Highway 85 border the
proposed PUD on the south and east sides. Sections 2.17 and 2.18 of the Weld
County PUD Ordinance 197 require the applicant to pave the internal road system.
The main access is proposed from WCR 33. The Colorado Department of
Transportation indicated in a referral response that right-of-way for U.S. Highway 85
is a total of 150' (or 75' from the center line of the highway) and this should be
reserved or dedicated and delineated on the plat. An improvements agreement
would be required at the Final Plat to address the upgrading and paving of WCR 33
from Highway 256 to the entrance of the proposed PUD. The applicant should also
meet with the Colorado Department of Transportation regarding preliminary
realignment of the intersections of U.S. Highway 85 and Highway 256 and WCR 33
and Highway 256, to determine any effects to the proposed PUD.
F. Section 6.4.3.1.6-In the event the street or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and financial
capacity to upgrade the street or highway facilities in conformance with the
Transportation Section of the Comprehensive Plan, Subdivision Ordinance, and the
MUD Ordinance, if applicable. This shall be shown by submitting, with the PUD
district application, a separate proposal for on-site and off-site improvement
agreements. This proposal shall describe, in detail,the type of on-site improvements
in compliance with Section 12 of the Subdivision Ordinance and off-site road
improvements in compliance with Section 13 of the Subdivision Ordinance, to
determine if the requirement for street or highway facilities providing access to the
property has been satisfied. The method of guarantee shall conform with Weld
County's policy regarding Collateral for Improvements. The applicant has submitted
an Improvements Agreement for Private Road Maintenance and will be required to
submit an Offsite Improvements Agreement at the Final plat.
G. Section 6.4.5.1.7-That there has been compliance with the applicable requirements
contained in the Zoning Ordinance regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site. The proposed change of zone does
not lie within any overlay district identified by the maps officially adopted by Weld
County. The proposal is located within an urban development node. The proposed
rezoning does not contain the use of any area known to contain a commercial
mineral deposit in a manner which would interfere with the present or future
extraction of such deposit by an extraction to any greater extent than under the
present zoning of the property.
The onsite soils are derived from ancient alluvial sediments of the South Platte River.
This material generally provides very good building material, as indicated in the
Geological Survey. There are some areas of the property that do have some sandy
portions which may exhibit low strength and may be subject to erosion. Clayey
fractions of the soil may have expansive properties and the Colorado Geological
Survey recommends that soil samples be taken on the building envelopes to
determine geotechnical properties of the soils. The Weld County Building Inspection
Department requires engineered foundations for the residential structures and
engineered blueprints are required for the foundation and structure of the
commercial structure.
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H. Section 6.4.3.1.8-Consistency exists between the proposed zone district(s), uses
and the Specific or Conceptual Development Guide, as follows:
1. Section 6.3.1 Environmental Impacts: The referral response received
December 10, 1998 from the Weld County Health Department indicates that
the application materials have adequately addressed all of the potential
impacts described in Section 6.3.1.2.1 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), except for the requirement of a
public sewer system for the commercial lot. The Weld County Health
Department indicated that an individual septic system would likely be
chemically similar, and probably have less actual flow than a typical
residential home.
2. Section 6.3.2 Service Provision Impacts: School District Weld RE-1
responded in a referral dated December 9, 1998, that the only concern was
that students shall be picked up on WCR 33 and not within the subdivision.
The LaSalle Fire District did not respond to the referral sent to them, however
the applicant has indicated that they will comply with any fire district
requirements. Transportation issues have been addressed through condition
of approval 2.C, if this application is approved, as stated previously. All other
service provisions have been adequately addressed.
3. Section 6.3.3 Landscaping Elements: The applicant has submitted a
Landscape Plan. The Plan is in accordance with Section 9.3 of the Weld
County Planned Unit Development Ordinance (Ordinance 197). Additional
landscaping requirements for the commercial lot would be addressed
through a Site Plan Review prior to any commercial use occurring on the
commercially zoned lot.
4. Section 6.3.4 Site Design: The proposal takes into consideration the sites
advantages and limitations.
5. Section 6.3.5 Common Open Space Usage: The application proposes 2.82
acres of common open space and an additional 78.21 acres to be used as
an agricultural outlot. This exceeds the open space requirement of the PUD
Ordinance. The applicant is proposing to establish a homeowners
association in accordance with the requirements of Section 6.3.5 of the Weld
County Planned Unit Development Ordinance (Ordinance 197).
6. Section 6.3.6 Proposed Signage: The applicant is not proposing an entry
sign for the development. Any sign for the commercial lot must meet MUD
sign requirements and requirements of the commercial zone district. This
issue will be addressed through a Site Plan Review for the commercial lot.
7. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie
within the Mixed Use Development area, however, any development within
an urban development node must meet all design standard requirements of
the MUD.
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a. Section 2.6.2, #4 This section in the MUD Ordinance states that
whenever the use of the property to be developed or redeveloped
will conflict with the use of adjoining property, there shall be an
opaque planted screen between the two properties. The screen
shall moderate the impact of noise, light, aesthetic concerns, and
traffic.
b. Section 2.6.3, #5 This section in the MUD Ordinance states that
loading, service, or storage areas must be screened with an opaque
screen that is an integral part of the building architecture. Chain link
fencing with slats or pallets are not an acceptable screening
material. Plant material shall be used to soften the appearance of
the screen. These requirements will be further addressed through a
Site Plan Review for the commercial lot.
8. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed change of zone
does not lie within any Intergovernmental Agreement area.
This denial recommendation is based upon compliance with the PUD Ordinance requirements. The
Department of Planning Services' staff does not have the flexibility to waive the requirement for a
public sewer system. It is the opinion of the Department of Planning Services' staff that all other
criteria for this proposal have been met.
Should the Planning Commission determine that this Change of Zone application meets the intent
of the Weld County Comprehensive Plan and Planned Unit Development Ordinance (Ordinance
197), the Department of Planning Services recommends the following Conditions of Approval and
Development Standards be attached:
The Change of Zone from A (Agricultural) to Five Estate Lots, One Commercial Lot and a
78.2 acre Agricultural Outlot Subdivision is conditional upon the following:
1. The change of zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the Change of Zone plat:
A. The plat shall be amended to include the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
2) The change of zone plat shall delineate 75-feet reserved right-of-way from
the centerline of U.S. Highway 85. (CDOT)
3) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
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99V97
4) The Agricultural outlot shall be labeled as non-buildable.
5) The internal road system shall be paved as required by Sections 2.17 and
2.18 of the PUD Ordinance 197. A minimum of 50-foot paved edge to edge
cul-de-sac will be required. (Public Works)
6) The plat shall be amended to show the current existing open boxes and
underground irrigation pipeline and any other utility easements. Building
envelopes shall be delineated on the lots to prevent and avoid interference
with easements and utility lines means of ingress and egress.
B. The applicant shall submit evidence to the Department of Planning Services that the
Weld RE-1 School District has been contacted and any requirements have been
addressed. (Dept. of Planning Services)
C. The applicant shall submit evidence to the Department of Planning Services that the
LaSalle Fire District has been contacted and any requirements have been
addressed. (Dept. of Planning Services)
D. The applicant shall submit a revised landscape plan which meets the requirements
of Section 9.3 of the Planned Unit Development Ordinance (Ordinance 197) and
Section 2.6 of the Mixed Used Development Plan, (Ordinance 191). The landscape
plan shall also specify the Homeowner's Association's method of open space
maintenance. (Dept. of Planning Services)
E. The applicant shall submit evidence to the Dept. of Planning Services from Central
Weld County Water District which indicates that all requirements of the District are
satisfied. (Department of Planning Services)
F. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of five (5) Estate zoned lots and one (1) Commercial
lot for a garage, two (2) Common open space lots and one (1) Agricultural
outlot. The Change of Zone allows for Estate uses (5 lots) which shall
comply with the Estate Zone District requirements as set forth in Section 36
of the Weld County Zoning Ordinance, Commercial uses (1 lot) which shall
comply with the Commercial Zone District requirements set forth in Section
33, and Agricultural uses(1 lot)which shall comply with the Agricultural Zone
District requirements set for in Section 31. The Agricultural lot is a non-
buildable lot. The common open space shall be owned and maintained in
accordance with Section 6.3.5 of the Planned Unit Development Ordinance
(Ordinance 197). (Dept. of Planning Services)
2) The commercial lot is to be utilized by Dan's Garage or a similar approved
use. If any other commercial use is proposed on this lot, a public sewer
system may be required. In the event the commercial lot changes in use or
type of occupancy, development, construction, or structurally altered or
operated, the Department of Planning Services may require a new Site Plan
Review application. (Planning)
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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)
3. Prior to the release of any building permits:
A. The applicant shall supply a designated street sign and stop sign at the appropriate
location adjacent to Weld County Road 33.
B. Foundations shall be engineered at each separate building site. Engineered
blueprints will be required for the commercial lot, including the foundation and
structural blueprints. (Weld County Building Inspection)
4. The Final Plan application shall include a draft improvements agreement in accordance with
Sections 12 and 13 of the Weld County Subdivision Ordinance. The improvements
agreement shall include streets, bus stop, street light and landscaping of the common open
space. Improvements agreements are for both on-site and off-site improvements.
5. The Final Plan application shall include draft covenants which address the prohibition of
development, landscaping, etc. on the designated septic system leach fields and use of the
common open area for potential leach fields in accordance with the Weld County Health
Department referral. The covenants shall also address maximum dwelling size and lot
coverage as this is not addressed by Section 4.3 of the covenants submitted in the
application materials. The covenants shall also include the Right to Farm covenant
contained in the Weld County Comprehensive Plan.
Service,Teamwork, Integrity,Quality Hunt/Wiedeman Z-519 Page 8
PLANNING COMMISSION SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: C4'u.-c"c.-7 ?, 19 9 9 . THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY 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 PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR l3SR- 2'-677
THE SIGN WAS POSTED BY: pp Y-c
NAME OF PERSON POSTING SIGN
C_
LLQ2e �. (ta�
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS )i DAY OF � Q,}l.illiq , 19 C C1 .
/ Lk 1GZ I'LL/ :1 i
NOTARY UBLIC
MY COMMISSION EXPIRES: VI/ACCI
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
99zW97
itt4D% MEMORANDUM
W IWine
TO: Planning Commission December 19, 1998
COLORADO From: Julie A. Chester, Current Planner
SUBJECT: Z-519, Hunt/Wiedeman
The Department of Planning Services is recommending continuance of Z-519, a Change of Zone
for Terry Wiedeman and David Hunt, for the following reason:
1. Specific issues regarding the application must be addressed prior to a Planning Commission
hearing. A meeting has been set up for the week of January 4, 1999, with the applicant to
address these issues.
The Department of Planning Service is recommending continuing this case until January 19, 1999.
This is continuance is acceptable to the applicant.
99/% 7
(7t; a DEPARTMENT OF PLANNING SERVICES
C7=j PHONE (970) 353-6100, EXT.3540
FAX (970)TIVE 352-6312FILES
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
1111 GREELEY, COLORADO 80631 •
C.
COLORADO
November 12, 1998
Terry and Janice Wiedeman
13434 WCR 42
Platteville, CO 80651
Subject: Z-519 - Request for a Planned Unit Development Change of Zone for 5 Residential Lots and 1
Commercial Lot with a 78.2 acre Agricultural Outlot on a parcel of land described as Lot B of RE-
2112; being part of the S2 of Section 14, T4N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
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 January 5, 1999, at 1:30 p.m. This meeting will take
place in Room 104, Weld County Centennial Center, 915 10th Street, 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 Gilcrest and LaSalle Planning
Commission for its review and comments. Please call Town of Gilcrest at 970-737-2426 and Town of LaSalle
at 970-284-6931 for further details regarding the date, time, and place of these meetings. It is recommended
that you and/or a representative be in attendance at the Gilcrest and LaSalle Planning Commission meetings
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 n-laintained 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.
Respectf Ily,
Chester
Planner
• pc Hunt
Intermill
99oy97
FIELD CHECK inspection date: 1/8/99
CASE NUMBER: Z-519
APPLICANT: Terry Weideman/David Hunt
LEGAL DESCRIPTION: Lot B of RE-2112, Part of the S2 of Section 14, T4N,
R66W of the 6th P.M., Weld County, Colorado
LOCATION: Located Northwest of and adjacent to U.S. Highway 85, North of
and adjacent to Highway 256 and East of and adjacent to Weld County Road 33
Zoning Land Use
N A(Agricultural) N I residence, Ag, Oil & Gas
E A (Agricultural) E Migrant Housing (USR- 1084), Highway 85, Ag
S A (Agricultural) S Highway 256, Dan's Garage, —5 residences
W A (Agricultural) W Large Ag field, Residence, Oil & Gas
COMMENTS: Posted sign. There is only vacant farmground on this site at this time.
Directly south is Dan's Garage and several residences. Highway 85 is directly east,
while Highway 256 is directly south. There is a migrant housing facility on the east
side of Highway 85, permitted for High Plains Housing under USR-1084. There are
a lot of Agricultural uses in the area; mainly farming. All the fields are currently
plowed, however, several different crops are grown in this area during the regular
farming season. There is also oil and gas on this parcel, as well as on other parcels in
this area.
•
A /\ Kit.45(
Julie A. Chester, Current Planner
g96x/97
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