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HomeMy WebLinkAbout20220821.tiffPlanner: Case Number: C. Gathman COZ21-0011 LAND USE APPLICATION SUMMARY SHEET Hearing Date: February 15, 2022 Applicant: J&K Investments C/O Shacaira Munoz & Kelsey Bruxvoort - AGPROfessionals Site Address: 15715 CR 25, Platteville, CO Request: Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District Legal Description: 19, T5N, R67W of the 6th P.M., Weld County, CO Location: Acres: Lot A of Recorded Exemption RECX15-0078; Being part of the NE4 of Section Approximately 500 -feet south of County Road 56 and approximately 1,800 -feet west of 15. +/- 9.48 acres Parcel #. 0957-19-1-00-064 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The Department of Planning Services' staff has received responses from the following agencies: With Comment: Weld County Development Review, referral dated January 6, 2022 Y Weld County Department of Public Health and Environment, referral dated December 9, 2021 Y Front Range Fire Rescue, referral dated December 10, 2021 Y Town of Windsor, referral dated December 6, 2021 Without Comment: Y City of Greeley, referral dated December 7, 2021 Y Larimer County Planning, referral dated December 14, 2021 Y Weld County Zoning Compliance, referral dated December 9, 2021 Y Colorado Division of Water Resources, referral dated December 28, 2021 Y Little Thompson Water District, referral dated December 27, 2021 Y Colorado Parks and Wildlife, referral dated December 6, 2021 Y Weld County Sheriff's Office, referral dated December 17, 2021 The Department of Planning Services' staff has not received responses from: V V V V V V Weld County Assessor's Office Colorado Department of Transportation Great Western Railway Union Pacific Railroad Big Thompson Conservation District City of Loveland COZ21-0011 Page 1 of 9 Town of Johnstown Narrative: The applicant and property owner have requested a Change of Zone on a property zoned A (Agricultural) to 1-3 (Heavy Industrial). Potential uses for 1-3 zoned properties can be found in Chapter 23, Article III, Division 4 of the Weld County Code. There is an industrial use located on the property. The Board of County Commissioners approved a Use by Special Review Permit (USR15-0040) for this property (and the adjacent property to the west is also proposing to rezone to 1-3 Industrial) for a Parking and Staging area for a trucking and construction business, along with transloading of fly ash on November 25, 2015. The property was originally part of a larger twenty-three (23) acre parcel that was divided into the current parcel through Recorded Exemption RECX15-0078 recorded under reception #4204626 on 5/18/2016. This property and the adjacent property to the west border the Union Pacific Railroad to the north and the Great Western Railroad (Omni Trax) to the south. The property utilizes an existing 30 -foot access, utility and drainage easement to access the property from the north delineated on the RE -1247 plat recorded on April 12, 1990, under reception # 2210645 and identified on a warranty deed recorded September 26, 1990, under reception #2228464. The access easement, utility and drainage easement crosses the adjacent property to the north and crosses the Union Pacific Railroad. Written permission to utilize this access, utility and drainage easement was required from the adjacent property owner when the property was divided by RECX15-0078. A letter of permission was provided from the adjacent property owner to utilize this easement in 2015. 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 23-2- 50 of the Weld County Code. 2. The submitted materials are in compliance with Section 23-2-30 of the Weld County Code, as follows: A. Section 23-2-30.A.1. - That the proposal is consistent with Chapter 22 of the Weld County. Sec. 22-2-30. - Land Use Goals and Objectives. 23-2-30.A - Land use changes should not inhibit agricultural production nor operations. No agricultural production will be removed because of this change of zone. 23-2-30.B. - Locate urban development in urban areas. The site is bordered by the Union Pacific Railroad on the north and the Great Western Railway on the south. Industrial development is conducive to rail access. 23-2-30. C. - Harmonize development with surrounding land uses. This property is currently being utilized for Industrial purposes. A parking and staging area for a trucking and construction business on the site was approved under Use by Special Review Permit USR15-0040. There are existing construction uses approved under USR15-0075 and USR15-0027 in the vicinity. 23-2-30.C.1.- Transition between land use types and intensities with buffers. Uses that are incompatible with existing uses must be able to mitigate conflicts. The property is separated from adjacent properties by rail on the north and the south. The site is located approximately 800 -feet from the nearest residence to the north. COZ21-0011 Page 2 of 9 Sec. 22-2-40. - Economic Development Goals and Objectives. 23-2-30.A. Support compatible economic development opportunities. The site is located within the Weld County Opportunity Zone on the Comprehensive Plan Map approved/adopted on November 9, 2020, contains an existing Industrial use and is adjacent to rail. There are existing 1-3 Industrial zoned properties approximately 400-600 feet to the north approved under (approved under COZ20-0004 and COZ21-0002 for Gerrard Investments) and is currently being used for industrial use. This encourages the agglomeration of synergistic business uses. 23-2-40.A.1. Identify target areas where the County is able to encourage shovel -ready commercial and industrial development. This property is adjacent to rail on two sides and is conducive to existing and future Industrial Development. B. Section 23-2-30.A.2. - The uses which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land uses. The Town of Johnstown, City of Loveland and the Town of Milliken did not return referral responses. The City of Greeley stated no conflicts with our interests in their referral response dated December 7, 2021. The Town of Windsor, as stated in their referral response dated December 6, 2021: "This is a large amount of heavy industrial zoning near Weld County residential subdivisions (Coyote Ridge approximately 1/3 mile to the east and Indianhead just over 1/2 mile to the north). While the application refers to proximity to US 34, the intersection of WCR 15 and US 34 is currently uncontrolled, therefore, the industrial traffic generated by this proposal will likely use WCR 13 and WCR 17 for access to traffic signals. Commuter traffic on WCRs 13 and 17 currently backs up regularly at the US 34 intersections and the addition of industrial traffic at these intersections should be studied. CDOT is currently studying potential future improvements to the WCR 17 intersection." The 2021 Town of Johnstown Area Comprehensive Plan Future Land Use map identifies this area as Low Density/Residential with an Agricultural Overlay. 1-3 Industrial Zoning is located approximately 400-600 feet to the north as (approved under COZ20-0004 and COZ21-0002 and is currently being used for industrial use. There is an existing Industrial Use and improvements on the property approved under USR15-0040. R 15-0040. This property is located outside of Windsor's Growth Management Area. The Colorado Department of Transportation did not return a referral response. No referral responses or phone calls have been received from surrounding property owners regarding this case. Future industrial uses to be located on the property will have to be administratively approved through a Site Plan Review (SPR) or approved by the Board of County Commissioners through Use by Special Review Permit (USR). Conditions of approval and Development Standards through this Change of Zone and future USRs or SPRs will adequately address and mitigate future impacts. Due to the proximity of multiple rail lines, the location of other industrial uses in the vicinity (as well as the existing industrial use on the site), this proposed change of zone is compatible with the surrounding land uses. COZ21-0011 Page 3 of 9 C. Section 23-2-30.A.3. - Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. There is an existing septic system on the property sized for an office with six (6) employees. The Left -Hand Water District, in their referral response dated December 27, 2021, stated that they have no conflicts with their interests. D. Section 23-2-30.A.4. - Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts. Section 23-3-330 of the Weld County Code states, "...Properties zoned 1-3 should be located near transportation infrastructure such as highways, railroads, or airports." This is interpreted that the lots shall have safe and direct access to adequate roads within public right-of-way prior to increasing the intensity of the zone district. The property is located approximately 500 -feet to the south and west of County Road 56. The property currently accesses County Road 56 across the adjacent property to the north via a 30 -foot access easement delineated on the RE -1247 (recorded 4/12/90) and granted a perpetual 30 -foot non-exclusive easement and right-of-way for ingress, egress, road, utilities, and drainage by a warranty deed recorded 9/26/90. County Road 56 is a local, gravel road that is undersized and in disrepair. The existing roadway is not adequate for industrial traffic. To justify a recommendation of approval for a change of zone to permanent industrial use in this location, an Improvements Agreement is requested. The agreement will include improvements to upgrade the County Road 56 to the Chapter 8 Weld County Code local road width and the abatement of dust by routine magnesium -chloride treatment. The road improvements agreement would also address on -site improvements (internal access improvements). The improvements would be required to be complete prior to the issuance of building permits (or prior to the issuance of grading permits in the event that building permits are not required for the use) which follows a site plan review. This would protect the applicant from making road improvements only to potentially pave the road immediately thereafter. An Improvements Agreement at the Change of Zone establishes a minimum road standard for future development. Further improvements, such as pavement or auxiliary lanes, will be addressed at the time of the Site Plan Review, when the future use of the property is clear. As the approval is justified by a condition of approval, staff recommends the zoning amendment be effective upon recording of the Change of Zone plat, rather than immediately upon approval, in accordance with Section 23-2-60. E. Section 23-2-30.A.5. - In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 23-2-30.A.5.a. — The site is not located within a Floodplain, Geological Hazard area or Airport Overlay Zone. 2) Section 23-2-30.A.5.b. — The Geology Report dated August 10, 2021, states that the property does not fall in areas identified as having economically recoverable sand and gravel, or metallic mineral resources. Additionally, the site is covered by existing buildings and improvements. 3) Section 23-2-30.A.5.c. — The Geology Report dated August 10, 2021, states that near surface soils could be used for support of lightly to moderately loaded structures. Deep foundation systems could be employed if heavy foundation loads COZ21-0011 Page 4 of 9 are anticipated or if moderately to highly expansive soils and/or bedrock are encountered within proximity to proposed foundation bearing elevations. 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 Change of Zone from the A Zone District to 1-3 Zone District is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall obtain preliminary approval for industrial access locations to each parcel. (Development Review) B. An Improvements Agreement is required for off -site improvements to County Road 56 and on -site improvements for the internal roadway. Road maintenance includes, but is not limited to, dust control and damage repair. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. A recorded Improvements Agreement is required prior to issuance of an access permit. (Development Review) C. The applicant shall address the comments of the Front Range Fire Rescue as stated in their referral comments dated December 10, 2021. Written evidence of such shall be provided to the Department of Planning Services. (Front Range Fire Rescue) D. Dedicate a public right-of-way that meets the design standards of Chapter 8 that connects to the right-of-way access onto CR 56 that crosses parcel 095719100009 and the Union Pacific Railroad from the shared access point onto County Road 56 (currently permitted as AP15-00293). Right -of -Way may be dedicated on the change of zone plat. Existing buildings and structures shall meet the 1-3 setback requirements as delineated in Section 23-3-240 (Bulk Standards) of the Weld County Code. If any buildings and structures do not meet setback requirements, a nonconforming structure application shall be submitted to the Department of Planning Services. (Department of Planning Services) E. The County may enter into a Capital Contribution Front End Agreement with any person commencing development who proposes to construct eligible capital improvements. To the extent that the fair market value of the construction of these capital improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this Section, the Capital Contribution Front End Agreement shall provide proportionate and fair -share reimbursement for such excess contribution. (Department of Planning Services) F. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled COZ21-0011. (Department of Planning Services) 2. The plat shall adhere to Section 23-2-50.C and D. of the Weld County Code. (Department of Planning Services) 3. County Road 56 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Development Review) COZ21-0011 Page 5 of 9 4. Show and label the approved access location onto CR 56, approved access width, and the appropriate turning radii (65') on the plat. The applicant must obtain the updated access permit as a Condition of Approval. (Development Review) 5. Show and label the public road right-of-way that meets the design standards in Chapter 8 of the Weld County Code to be dedicated by the plat. (Development Review) 6. All recorded easements and rights -of -way shall be shown and dimensioned on the Change of Zone plat, including rights -of -way to be vacated or dedicated, if applicable. The right-of-way that crosses the adjacent property to the north (parcel # 095719100009) and the Union Pacific Railroad shall be referred to on the plat. (Department of Planning Services) 2. The following notes shall be delineated on the Change of Zone plat: A. The Change of Zone allows for 1-3 (Heavy Industrial) uses which shall comply with the 1-3 (Heavy Industrial) Zone District requirements as set forth in Article III Division 5 of the Weld County Code. (Department of Planning Services) B. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) C. Any future structures or uses on site must obtain approval through a Site Plan Review. (Department of Planning Services) D. Water service may be obtained from Little Thompson Water District. (Department of Public Health and Environment) E. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. (Department of Public Health and Environment) F. Activity or use on the surface of the ground over any part of the OWTS must berestricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. (Department of Public Health and Environment) G. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) H. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Development Review) I. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Development Review) J. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) K. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. COZ21-0011 Page 6 of 9 (Development Review) L. The historical flow patterns and runoff amounts will be maintained on the site. (Development Review) M. Building permits shall be obtained prior to the construction of any new building. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) N. New buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2020 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code (Department of Building Inspection) O. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee Programs. (Department of Planning Services) P. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) Q. 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) R. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. S. RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country 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 long- standing 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 areas: 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. COZ21-0011 Page 7 of 9 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; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. 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. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (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. 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. People 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, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 3. Upon completion of Conditions of Approval 1. and 2. above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-50. D. of the Weld County Code. 4. Upon approval of the plat, Conditional of Approval 3. above, the applicant shall submit to the Department of Planning Services 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 Mylar plat and additional requirements shall be submitted within one -hundred -twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. A. Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless COZ21-0011 Page 8 of 9 otherwise specified by the approving resolution of the Board of County Commissioners. However, no building permit shall be issued, and no use shall commence on the property until the plat is recorded. B. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. C. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one -hundred -twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional 3 -month period. COZ21-0011 Page 9 of 9 January 26, 2022 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970) 400-3537 FAX: (970) 304-6498 BRUXVOORT KELSEY 3050 67th Avenue Greeley, CO 80534 Subject: COZ21-0011 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District On parcel(s) of land described as: LOT A REC EXEMPT RECX15-0078, BEING PART NE4 SECTION 19, T5N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 15, 2022 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 23, 2022 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. 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 and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, Chris Gathman Planner January 3, 2022 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970) 400-3537 FAX: (970) 304-6498 BRUXVOORT KELSEY 3050 67th Avenue Greeley, CO 80534 Subject: COZ21-001 1 - Change of Zone from the A (Agricultural) Zone District to the 1-3 (Heavy Industrial) Zone District On parcel(s) of land described as: LOT A REC EXEMPT RECX15-0078, BEING PART NE4 SECTION 19, T5N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on February 15, 2022 at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on March 9, 2022 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. 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 and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://accela- aca.co.weld.co.us/CitizenAccess Respectfully, Chris Gathman Planner Hello