HomeMy WebLinkAbout981095.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: O.K. Farms Compost Case Number: USR-1129
Submitted or Prepared
Prior
to Hearing At Hearing
1. Comments
2. DPS Land Use Summary X
3. Staff Recommendation X
4. Planning Commissioner Field check X
5. Staff Field Check X
6. Letter from DPS to applicant X
7. SPO letters
8. SPO !ether: Kit&H. Rosling, dated 4/17/97 X
9. SPO letter: Wade& Kelly Whitfield, dated 4/14/98 X
10. Legal Notification X
11. Application X l
12. Referrals without comments
13. Referral list X
14. Referrals with comments '
15. CO Dept. Of Public Health & Environment X -
16. Waste Mgmt. Division, dated 2/13/98 :p ' j
17. Weld County Health Dept., dated 4/1/98 X
18. SE Weld Soil Conservation District,dated 8/21/96 X "1
19. Weld County Public Works, dated 8/30/96 &3/2/98 X
20. Colorado Dept. of Transportation, dated 8/27/96 &3/13/98 X
21. Morgan County,dated 8/20/96 X
22. Planning Technician Maps X
23. Deed X
24. Surrounding Property Owner Notification X
PC Exhibits
25 SPO letter: Jim& Kathy Cooksey, dated 4/21/98 X
26. SPO letter: Cooksey Farms, dated 4/21/98 X
27. SPO letter: Sharon Croghan, dated 4/21/98 X
28. SPO letter: Robert C. Korthuis X
29. SPO letter: Rodney &Jacqueline Westberg, dated 4/21/98 X
30. SPO letter: Kenneth Rosling,dated 4/20/98 X
31. SPO letter: Rick& Kathy Sirios, dated 4/21/98 X
32. SPO letter: Fred C. Becker, dated 4/20/98 X
33. SPO letter: Roy D. Brown, dated 4/21/98 X
34. SPO letter: Ed & Shirley Sirios, dated 4/21/98 X
3 5 . S P 0 letter: George E. Sigg,dated 3/17/98 X
I hereby certify that the 35 items identified herein were submitted to the Department of Planning Services
at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded
to the Clerk to the Board's office on April 27, 1998. ,
Gloria Dunn ,nt Planner
1 •ZM$$IT
981095
STATE OF COLORADO )
COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS agiliday of Opal 1998 .
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991095
COLORADO
PLANNER: Gloria Dunn HEARING DATE: May 21, 1998
APPLICANT: O.K. Farms Compost c/o Oran K. & D. Joy Cunning and Myron L. Cunning
ADDRESS: 3422 State Highway 52, Wiggins, CO 80654
REQUEST: Certificate of Designation for an animal and yard waste composting facility in
the A (Agricultural) zone district
LEGAL DESCRIPTION: W2 of Section 2, TIN, R61W of the 6th P.M., Weld County, CO
LOCATION: North and adjacent to State Highway 52; approximately 1/4 mile east of WCR
93
SIZE OF PARCEL: 320 acres Special Review permit area: 30 acres
ZONING: A (Agricultural)
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The Conditions of Approval and Development Standards in Use by Special Review permit
#1129 will minimize the impacts to surrounding property and the area to the greatest extent
possible. The Conditions of Approval and Development Standards will also provide
adequate protection of the health, safety, and welfare of the inhabitants of the area and the
county.
2. The composting facility will provide convenience and accessibility for use by surrounding
farming operations.
3. The applicants have demonstrated in the submitted application materials its ability to
comply with the health standards and operating procedures of the Solid Waste Disposal
Sites and Facilities Act, Title 30-20, Part 1, CRS, as amended.
991095
O.K. Farms Compost, Certificate of Designation
page two
4. The Colorado Department of Public Health and Environment and the Weld County Health
Department have reviewed this request and find, subject to conditions, the use will comply
with the Regulations Pertaining to Solid Waste Disposal Sites and Facilities Act, Title 30-
20, Part 1, CRS, as amended.
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.
The Department of Planning Services's staff recommendation for approval is conditional upon the
following:
1. The property shall be maintained in compliance with USR-1129, all submitted application
materials on file with Weld County, and all requirements of the Weld County Health
Department and the Colorado Department of Public Health and Environment.
951.095
Att4;
'ilk LANDSUMMARY SETSHEET
COLORADO
Case Number. USR-1129 Hearing Date: April 21, 1998
Applicant: O.K. Farms Compost do Oran K. & D. Joy Cunning and Myron L. Cunning
Address: 3422 State Highway 52
Wiggins, CO 80654
Request: A Site Specific Development Plan and a Special Review Permit for an animal and
yard waste composting facility in the A (Agricultural) zone district
Legal Description: W2 of Section 2, Ti N, R61W of the 6th P.M., Weld County, CO
Location: North and adjacent to State Highway 52; approximately 1/4 mile east of WCR 93
Size of Parcel: 320 acres Special Review permit area: 30 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County
Zoning Ordinance.
The Department of Planning Services began processing this Special Review permit in August of
1996, at which time the composting facility was already in operation. At that time, referrals were
sent; staff was not able to proceed further until the State Department of Public Health and
Environment and Environmental Protection Services Division had finished their technical evaluation
of the use.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Public Works Department
• Weld County Health Department
• Colorado Department of Public Health & Environment, Hazardous Materials & Waste
Management Division
• Colorado Department of Transportation
• Morgan County
• Southeast Weld Soil Conservation District
The Department of Planning Services' staff has not received responses from the following agencies:
•
Southeast Weld Fire Protection District
991.095
F
�Y:
AsKirc,
SPECIAL REVIEW PERMIT
hiDe ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Gloria Dunn
CASE NUMBER: USR-1129 HEARING DATE: April 21, 1998
APPLICANT: O.K. Farms Compost c/o Oran K. & D. Joy Cunning and Myron L. Cunning
ADDRESS: 3422 State Highway 52, Wiggins, CO 80654
REQUEST: A Site Specific Development Plan and a Special Review Permit for an animal and
yard waste composting facility in the A (Agricultural) zone district
LEGAL DESCRIPTION: W2 of Section 2, TIN, R61W of the 6th P.M., Weld County, CO
LOCATION: North and adjacent to State Highway 52; approximately 1/4 mile east of WCR 93
SIZE OF PARCEL: 320 acres SPECIAL REVIEW PERMIT AREA: 30 acres
PARCEL NUMBER: 148102000001
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 24.7
of the Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Sections 24.3 and 45.4 of the Weld County Zoning Ordinance, as amended,
as follows:
a. Section 24.3.1.1 —This proposal is consistent with the Weld County Comprehensive
Plan, as amended. A. Policy 1 of the Comprehensive Plan states that agricultural
zoning is established to to protect and promote the county's agricultural industry. A.
Policy 2 encourages agricultural businesses and industries to locate in areas that
minimize the removal of prime agricultural land from production. Soils on the Special
Review permit site are classified as "high potential dry cropland" and "other land" by
the U.S.D.A. Soil Conservation Service. The application materials state that the least
productive area of the 320 acre parcel is used for the composting o•era '•
n
991.095
•
; r ,.
USR-1129, O. K. Farms Compost
Page two
b. Section 24.3.1.2-- This proposal is consistent with the intent of the A (Agricultural)
zone district. The Agricultural zone district is intended to provide areas for the
conduct of agricultural activities without the interference of other, incompatible land
uses. Section 31.4.2 of the Weld County Zoning Ordinance allows animal waste
recycling facilities in the A (Agricultural) zone district with the approval of a Special
Review permit. Conditions of approval and development standards insure that this
proposal is consistent with the intent of the Agricultural zone district.
c. Section 24.3.1.3 -- The proposed uses will be compatible with the existing
surrounding land uses. Surrounding properties are zoned agricultural and used for
farming. The subject site is situated in an area of the county which is isolated from
neighboring residences, the nearest being more than one mile away.
d. Section 24.3.1.4--The proposed uses will be compatible with future development of
the surrounding area as permitted by the A (Agricultural) zone districts and with the
future development as projected by the Comprehensive Plan or Master Plans of
affected municipalities. Future development in the surrounding area is expected to
remain agricultural in nature, in part, due to its remoteness from any incorporated
municipalities in the county.
e. Section 24.3.1.5 -- The proposal is not located within the Overlay District Areas
identified by maps officially adopted by Weld County.
f. Section 24.3.1.6 -- The applicant has demonstrated a diligent effort to conserve
productive agricultural land in the locational decision for the use. The 30 acre site
is part of a 320 acre parcel which is currently used for agricultural production. The
area selected for the composting operation is located a relatively short distance from
Highway 52, thereby leaving the majority of the farming unit intact.
g. Section 24.3.1.7-- The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County
Zoning Ordinance, as amended), Conditions of Approval, and Development
Standards ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and county.
h. Section 45.4.1 -- Certificates of Designation for solid or hazardous waste disposal
sites and facilities as required by Colorado Revised Statutes and Code of Colorado
Regulations shall not be deemed approved until or unless a Use by Special Review
permit has been approved by the Planning Commission or Board of County
Commissioners where required by the Weld County Zoning Ordinance. The Board
shall be guided in its review of a Certificate of Designation by state statute and
regulations contained in Colorado Revised Statutes and Code of Colorado
Regulations. In addition to this request for a Special Review permit, the process for
a composting facility requires the review and approval of a Certificate of Designation
by the Colorado Department of Public Health and Environment. The State is
recommending conditional approval of the Certificate of Designation for this facility.
It will be necessary for the applicants to obtain approval of both the Special Review
permit and Certificate of Designation in order to legalize the composting facility.
991 Qq
USR-1129, O.K. Farms Compost,
Page three
Section 45.4.2 -- Applicants for activities reviewed pursuant to Section 24 for any
Solid Waste sites and facilities shall have the burden of proof to demonstrate that
there is a need for the facility within the proposed area of service, and the Planning
Commission and Board shall be satisfied that a need exists as part of the
determinations for any such permit. The application materials state that the selected
location is in an agricultural area of dryland farming which is fairly remote but one
which is easily accessible. Further, the site is "well positioned for short delivery to
the farm market which is just beginning to develop in the valley to the north". The
facility's purpose is to convert potentially polluting raw organics into a stable,
reusable compost that is pleasant to store and handle, non-toxic and possesses a
value added to the recipient and producer.
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.
The Department of Planning Services's staff recommendation for approval is conditional upon the
following:
1. The attached Development Standards for the Special Review Permit shall be adopted and
placed on the Special Review Plat prior to recording the plat. The completed plat shall be
delivered to the Department of Planning Services and be ready for recording in the Weld
County Clerk and Recorder's Office within 15 days of approval by the Board of County
Commissioners. (Planning)
2. No building or electrical permits shall 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, if applicable.
(Planning)
3. Prior to recording the plat:
a. A landscaping plan identifying the number, size and species of trees to be planted
along the south boundary of the Special Review permit area shall be submitted to the
Department of Planning Services for review and approval. The plan shall also
address maintenance of the trees and potential replacement of dying materials.
(Planning)
b. The facility shall demonstrate that the surface water control plan submitted by Tom
Gibbens, dated September 10, 1997, has been constructed. At a minimum, the
facility shall submit as-built drawings of the drainage features and retention structures
to the Weld County Health Department. (Health Department)
c. The facility shall provide evidence to the Weld County Health Department that any
surface water retention structure has been constructed of a lining material which
does not exceed a seepage rate of 1/4"/day (1X10-5 cm/sec). (Health Department)
d. A dust abatement plan shall be submitted to the Weld County Health Department for
review and approval. The facility shall have sufficient water available to implement
991.095
USR-1129, O.K. Farms Compost
Page four
dust control as required by the Weld County Health Department. (Health Department)
e. A fly abatement plan shall be submitted to the Weld County Health Department for
review and approval. (Health Department)
f. An odor abatement plan shall be submitted to the Weld County Health Department
for review and approval. (Health Department)
g. The facility shall provide evidence to the Weld County Planning and Health
Department that an appropriate financial assurance mechanism has been secured
in accordance with the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities (6 CCR 1007-2). (Health Department)
h. The plat shall be amended:
1) identifying the legal description of the parcel. (Planning)
2) delineating a 75 foot right-of-way reservation north of the centerline of State
Highway 52. (Department of Transportation)
3) to show the location of the future maintenance shop and 6,000 gallon water
storage tank. (Planning)
4) to reflect the approved landscaping plan. (Planning)
981095
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
1. The Site Specific Development Plan and Special Use Permit is for the composting of
agricultural byproducts (chicken and feedlot manure) and yard waste in the A (Agricultural)
zone district, as indicated in the application materials on file in the Department of Planning
Services and subject to the Development Standards stated hereon. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance, as amended. (Planning)
3. The composting facility's hours of operation shall be limited to 6 a.m. to 7p.m. seven days
per week. (Planning)
4. The trees planted on site shall be maintained in accordance with the approved landscaping
plan. (Planning)
5. An increase in traffic on State Highway 52 occurring as a result of the composting facility
may require future re-evaluation of the access by the Department of Transportation.
(Department of Transportation)
6. The Weld County Health Department, Weld County Planning Department, and the Solid
Waste Section of the Colorado Department of Public Health and Environment shall be
notified in writing of any new materials (other than manures/bedding and wood chips)
proposed for composting. Written approval to proceed with composting shall be obtained
from the Weld County Health Department and Colorado Department of Public Health and
Environment prior to receipt of the new material. Submitted information shall include
operational procedures and storage procedures. All materials considered for composting
shall meet current and future regulatory requirements for that specific material. No dead
animals shall be composted on site. (Health Department)
7. The facility shall maintain the surface water control plan as submitted by Tom Gibbens, dated
September 10, 1997. (Health Department)
8. The facility shall have adequate equipment to dewater each retention structure. Each
retention structure shall be dewatered to a level that restores the full runoff storage capacity
within the 15-day period following each storm event. (Health Department)
9. No stockpiling of raw material such as manure/bedding, food waste, biosolids, or any other
approved putrescible material shall be allowed on site. All raw, uncomposted material shall
be place in windrow units within 72 hours upon receipt at the facility. Windrows shall be no
larger than 8 feet in height and 20 feet in width. This is not meant to include the temporary
stockpiling of finished compost. In the event processing units, other than windrows, are to
be incorporated at the site, a detailed description of the unit and processing requirements
shall be provided to the Weld County Health Department for review and approval. The
description shall include literature and other examples that demonstrate the unit is an
effective composting process. (Health Department)
P91.095
USR-1129, O.K. Farms Compost
Page six
10. All windrows shall be turned a minimum of every ten (10) days. This shall not include bulking
agents such as wood chips, grass clippings, etc. and liquids stored within approved closed
storage tanks. (Health Department)
11. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Health Department)
12. No permanent disposal of wastes shall be permitted at this site. (Health Department)
13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions. (Health Department)
14. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as
measured according to 25-12-102, Colorado Revised Statutes. (Health Department)
15. An individual sewage disposal system is required if any type of an office facility is located on
the site for the facility and shall be installed according to the Weld County Individual Sewage
Disposal Regulations. A vault system shall be acceptable. If a vault is installed, pumping
records shall be kept for review. A portable toilet facility shall be provided and maintained
on site until such time a permanent individual disposal system is installed. (Health
Department)
16. The facility shall operate in a manner to control flies in accordance with its approved fly
abatement plan. Additional fly control measures shall be implemented at the request of the
Weld County Health Department in the event that flies (which can be determined to be
associated with the facility) are in such a number to be considered a nuisance condition. The
plan shall also be implemented in the event the Weld County Health Department receives
a significant number of fly (associated with the facility) complaints and, in the judgment of the
Health Officer, there exists a fly condition requiring abatement. (Health Department)
17. Any solid waste as defined in the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities (6 CCR 1007-2) received or generated at the site must be removed and disposed
of at an approved sanitary landfill. (Health Department)
18. The facility shall have on site and available to the Weld County Health Department, Weld
County Planning Department, and Colorado Department of Public Health and Environment,
at all times, the specific procedures to handle the following: (Health Department)
a. hazardous materials received on site
b. contamination or discharge of water from the site
c. odors in excess of established limit
d. flies determined to be a nuisance condition
e. dusty conditions
19. The facility shall be operated in a manner which controls odor in accordance with its
approved odor abatement plan. Odors detected off site shall not equal or exceed the level
of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado
Air Pollution Control Regulations. Additional odor abatement measures shall be implemented
981095
USR-1129, O.K. Farms Compost
Page seven
at the request of the Weld County Health Department in the event odor levels detected off
site of the facility meet or exceed the level of fifteen-to-one dilution threshold or, in the
judgment of the Weld County Health Officer, there exists an odor condition requiring
abatement. (Health Department)
20. The facility shall be operated in a manner to control fugitive dust in accordance with its
approved dust abatement plan. Additional dust abatement measures shall be implemented
at the request of the Weld County Health Department in the event it is determined that dust
(that can be determined to originate at the facility) is a nuisance condition. (Health
Department)
21. The Special Review permit site and facility shall be operated in compliance with any required
air emission permit approved by the Air Pollution Control Division of the Colorado Department
of Public Health and Environment. (Health Department)
22. A metal sign shall be posted at the facility entrance near Colorado Highway 52. The sign
shall be a minimum of three(3) feet in width and four(4) feet in length. The sign shall state
the name and type of operation and emergency phone numbers of the facility operator.
(Health Department)
23. The facility shall comply with the Regulations pertaining to Solid Waste Disposal Sites and
Facilities (6 CCR 1007-2). The facility shall also comply with any composting regulations
promulgated Pursuant to the Solid Waste Act, Section 30, Article 20, Part 1, C.R.S. (Health
Department)
24. Portable fueling equipment shall be kept within a bermed area. The berm shall be lined and
designed to contain 120% of the total tank capacity contained within the bermed area.
(Health Department)
25. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
26. The property owner or operator shall be responsible for complying with the Design Standards
of Section 24.5 of the Weld County Zoning Ordinance, as amended. (Planning)
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended. (Planning)
28. Personnel from the Weld County Health Department and Weld County Department of
Planning Services 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 hereon and all applicable Weld County regulations. (Planning and Health Department)
29. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Major changes from the
plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Planning Commission before such changes
from the plans or Development Standards are permitted. Any other changes shall be filed
991.095
USR-1129, O.K. Farms Compost
Page eight
in the office of the Department of Planning Services. (Planning)
30. 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.
(Planning)
981.095
FIELD CHECK
FILING NUMBER: USR-1129 DATE OF INSPECTION:
APPLICANTS NAME: O.K. Farms Compost
CURRENT PLANNER: Chris Goranson
REQUEST: Site Specific Development Plan and Special Review Permit for an Animal Waste Composting
Facility in the A(Agricultural) District
LEGAL DESCRIPTION: W2 of Section 2, TIN, R61W of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Highway 52; approximately 1/4 mile east of Weld County Road 93
LAND USE: N
ZONING: N A(Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
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981.095
Field Check inspection date: March 3 I , 1998
Case Number USR- 1129
Applicant O.K. Farms Compost
Request Site Specific Development Plan and Special Review permit
for an animal waste composting facility in the A (Agricultural)
zone district
Legal Description W2 of Section 2, TIN, R6 I W
Parcel Number 1 48 1 0200000 I
Location North and adjacent to SH 52; approximately 1/4 mile east of
WCR 93
Zoning Land Use
N A (Agricultural) N Dryland farming
E A (Agricultural) E Dryland farming
S A (Agricultural) S Dryland farming
W A (Agricultural) W Dryland farming
Unsafe Conditions: There are no apparent unsafe conditions on the site
Comments: Access to the property is from SH 52, paved. The USR site consists of
bare soil with a number of windrows and manure stockpiles situated in a e-w
orientation. The nearest residences appear to be I 1/4 miles from the site. The
ground is fairly level. Odor generated by the manure stockpiles was fairly minimal on
the day I visited the site with Trevor Jiricek, WCHD.
r
?i- -c , —
Gloria D nn****Current Planner
weer
0S:1.O95 5
a DEPARTMENT OF PLANNING SERVICES
CT�7 PHONE (970) 353-6100, EXT.3540
FAX ( ) S
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
March 10, 1998
O.K. Farms Compost
12630 Holly Street
Brighton, CO 80601
Subject: USR-1129- Request for a Site Specific Development Plan and Special Review Permit for an animal waste
composting facility in the A(Agricultural)zone district on a parcel of land described as the W2 of Section
2,TIN, R61W of the 6th P.M.,Weld County, Colorado.
Dear Applicant:
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 April 21, 1998, at 1:30 p.m. This meeting will take place
in the County Commissioners' Hearing Room, First Floor,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.
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,
• Dunn
•nt Planner
PSI 095
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