HomeMy WebLinkAbout951189.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Clemons that the following resolution, with amendments to Development Standards #1 and
16, be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: USR-1074
NAME: Larry, Stacy, and Kerni Ditter
ADDRESS: 16928 & 16932 Highway 392, Greeley, Colorado 80631
REQUEST: A Site Specific Development Plan and Special Use Permit for an excavation buahress in the
A (Agricultural) zone district.
.?
LEGAL DESCRIPTION: A portion of the NE/4, NE/4, Section 23, T6N, R66W of the 6th P.M4 eld'
County, Colorado.
LOCATION: South and adjacent to U.S. Highway 392; west of and adjacent to Weld County Road 35.
be recommended favorably to the Board of County Commissioners 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.
It is the opinion of the Planning Commission that the applicant has shown compliance with
Section 24.3 of the Weld County Zoning Ordinance as follows:
This proposal is consistent with the Weld County Comprehensive Plan and is provided for as a
Use by Special Review.
- The proposed use will be compatible with the existing surrounding land uses and with future
development.
- No overlay districts affect this site.
The applicants has demonstrated a diligent effort to conserve productive agricultural land.
The conditions of approval and development standards will ensure adequate provision for the
protection of the health, safety, and welfare of the inhabitants of the neighborhood and County.
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 Planning Commission's 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 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.
Exhti6;f&
961189
RESOLUTION, USR-1074
Larry, Stacy, and Kerri Ditter
Page 2
2. The Special Review activity shall not occur nor shall any building or electrical permits 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.
3. Access for excavation equipment shall be limited to Weld County Road 35.
4. The applicants shall work with the Weld County Public Works Department to establish the access point
onto Weld County Road 35.
5. Prior to recording the Plat:
a. A screening plan shall be submitted to the Department of Planning Services' staff for review and
approval by the Department of Planning Services and Public Works Department.
b. Screening of equipment from adjacent property owners and public rights -of -way shall be
established and maintained on site.
c. The plat shall be amended to include the screening plan, approved by the Department of Planning
Services.
d. The access, approved by the Weld County Public Works Department onto Weld County Road 35
shall be shown on the plat.
e. The amended plat shall be submitted to the Department of Planning Service's staff for review and
approval.
Motion seconded by Judy Yamaguchi.
VOTE:
For Passage Against Passage
Ron Sommer
Judy Yamaguchi
Curt Moore
Jack Epple
Marie Koolstra
Shirley Camenisch
Bud Clemons
Daniel Lere
Richard Kimmel
951189
RESOLUTION, USR-1074
Larry, Stacy, and Kerri Ditter
Page 3
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Sharyn Frazer, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 21, 1995.
951183
SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Larry, Stacy, and Kerri Ditter
USR-1074
1. The Site Specific Development Plan and Special Review permit is for an excavation business located
in the A (Agricultural) zone district and shall include no more than 9 pieces of excavation equipment.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance.
All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site
5. Waste materials shall be handled, stored, and disposed of a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
6. The maximum permissible noise level shall not exceed the commercial limit of 70 db(A), as measured
according to 25-12-102, Colorado Revised Statutes.
7. Any existing septic system(s) involved in a commercial endeavor (i.e. office, etc.) is required to be
reviewed by a Colorado Registered Professional Engineer and a copy of that review submitted to the
Weld County Environmental Protection Services, before the required I.S.D.S. Evaluation can be
performed.
8. Fugitive dust shall be controlled on site
9. Access for excavation equipment shall be limited to Weld County Road 35, as approved by the Weld
County Public Works Department.
10. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
11. The property owner or operator shall be responsible for complying with the USR-1074, Development
Standards Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
12. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
13. 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.
951189
DEVELOPMENT STANDARDS, USR-1074
Larry, Stacy, and Kerri Ditter
Page 2
14. 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 Commissioners before such changes from the plans or Development Standards are permitted.
Any other changes shall be filed in the office of the Department of Planning Services.
15. 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.
16. The Special Review permit shall not be transferable, any lease or conveyance of the property shall
terminate the Special Review permit.
951189
ADDITIONAL COMMENTS
Larry, Stacy, and Kern Ditter
USR-1074
The City of Greeley Planning Staff has stated concerns about this application, as listed in the memo from
Lanell Adler, dated January 27, 1995. The City of Greeley Planning Commission has not yet reviewed the
application, and will submit a recommendation prior to the Board of County Commissioners hearing this
proposal.
951189
Hello