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Home My WebLink About951190.tiffINVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Larry, Stacy, and Kerri Ditter Case Number: USR-1074 Submitted or Prepared Prior to Hearing At Nearing 1. Application/,pages X 2. Application plat / page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and certificate. X 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Field Check from Ron Sommers X 12. Referral from Town of Eaton, dated January 18, 1995 X 13. Referral from Eaton Fire District, dated January 26, 1995 X 14. Referral from Public Works, dated January 24, 1995. X 15. Letter from City of Greeley, dated January 27, 1995. X 16. Letter from the Department of Transportation X 17. Letter from Susan Ballard, recieved February 9, 1995 X 18. Referral from Health Department X 19. Letter from Johan Anderson, recieved February 14, 1995 X 20. Letter from Brooke Ballard, recieved February 15, 1995 X 21. Letter from Mike Ballard X 22. Letters from Surrounding property owners X X I hereby certify that the 16 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 thfa Clerk to the Board's office on February 10, 1995. A. Hodges 23. Letter from Ditters STATE OF COLORADO COUNTY OF WELD • � SCRIB7ll_?4 D SWORN �V1. u\d,`. k J O e V bl My Commission Expires (1,6,e)) I { 1 Current Planner TO BEFORE ME THIS 1 ✓ day of f wick_ 1915 NOTARYUBLIC 951190 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Larry, Stacy, and Kerri bitter Case Number: USR-1074 Submitted or Prepared Prior ta Hearing bl Hearing 1. Application pages X 2. Application plat page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and certificate. X 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Field Check from Ron Sommers X 12. Referral from Town of Eaton, dated January 18, 1995 X 13. Referral from Eaton Fire District, dated January 26, 1995 X 14. Referral from Public Works, dated January 24, 1995. X 15. Letter from City of Greeley, dated January 27, 1995. X 16. Letter from the Department of Transportation X 17. Letter from Susan Ballard, recieved February 9, 1995. X 18. Referral from Health Department X 19. Letter from Johan Anderson, recieved February 14, 1995 X 20. Letter from Brooke Ballard, recieved February 15, 1995 X 21. Letter from Mike Ballard X 22. Letters from Surrounding property owners X 23. Letter from Ditters X I hereby certify that the 16 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 Cle/c to the Board's office on February 10, 1995. Todd A. Hodges Y Ctrent Planner STATE OF COLORADO COUNTY OF WELD SUBSCk,IBFD'AND SWORN TO BEFORE ME THIS day \f SEAL' 0 A 4 : _>-:. o $ o n qqS- MyCoMiWl,gsipm Expires , Esc h,c 6t -f A a DATE: February 21, 1995 CASE NUMBER: USR-1074 NAME: Larry, Stacy, and Kerri Ditter ADDRESS: 16928 & 16932 Hwy 392 Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Use Permit for an excavation business in the A (Agricultural) zone district. LEGAL DESCRIPTION: A portion of the NE/4, NE/4, Section 23, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South and adjacent to US Highway 392 and west of and adjacent to Weld County Road 35. 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. 2. It is the opinion of the Department of Planning Services' staff 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. 951190 USR-1074, Conditions of Approval Ditter Page 2 The Department of Planning Services' 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 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. 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. 951190 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Larry, Stacy, and Kerni bitter USR-1074 1. The Site Specific Development Plan and Special Review permit is for an excavation business located in the A (Agricultural) zone district. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. 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 in 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. 6. 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 951190 USR-1074, Development Standards bitter Page 2 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. 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. 951.390 Additional Comments 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. 951190 LAND -USE APPLICATION SUMMARY SHEET Date: February 21, 1995 CASE NUMBER: USR-1074 NAME: Larry, Stacy, and Kerri bitter ADDRESS: 16928 & 16932 Hwy 392 Greeley, CO 80631 REQUEST: A Site Specific Development Plan and Special Use Permit for an excavation business in the A (Agricultural) zone district. LEGAL DESCRIPTION: A portion of the NE/4, NE/4, Section 23, T6N, R66W ofthe6th P.M., Weld County, Colorado. LOCATION: South and adjacent to US Highway 392 and west of and adjacent to Weld County Road 35. SIZE OF PARCEL: 8 acres, more or less 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' staff has received responses from the following agencies: 1. Weld County Environmental Protection Services 2. Weld County Public Works Department 3. Department of Transportation 4. Eaton Fire District 5. Town of Eaton 6. City of Greeley The Department of Planning Services' staff has not received referral responses from: 1. Weld County Emergency Management Office 2. Weld County Building Inspection 3. Greeley Ditch Co. The Department of Planning Services' staff has received objections from surrounding property owners. 951190 EXHIBIT 9 FIELD CHECK FILING NUMBER: USR-1074 DATE OF INSPECTION: 2/8/95 APPLICANT'S NAME: Ditter REQUEST: SUP for an excavation company in the A Zone. LEGAL DESCRIPTION: A portion of the NE/4, NE/4, Section 23, T6N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South and adjacent to US Highway 392 and west of and adjacent to Weld County Road 35. LAND USE: N Residential E Agricultural S Agricultural W Residential/Ag ZONING: N Residential E Agricultural S Agricultural W Agricultural COMMENTS: The site is presently being used to store the excavation equipment. The existing access onto 392 appears to be a hazard and the proposed access could possibly be a problem with the amount of traffic along WCR 35. Todd A. Hodges urrent Planner 951190 (i IXHIBIT FIELD CHECK FILING NUMBER: 1074 DATE OF INSPECTION: /A? j )� APPLICANT'S NAME: Larry, Stacy and Kerri Ditter CURRENT PLANNER: Todd A. Hodges REQUEST: For an excavation business in the A (Agricultural) zone district. LEGAL DESCRIPTION: A portion of the NE4 NE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, Colorado. South of and adjacent to US Highway 392 and west of and adjacent to Weld County Road 35 LOCATION: LAND USE: N 5r74///' _J<4r1, /// 5/er/ n /1 /'4A v Wv/ ZONING: N A (Agrjcultural) E A (Agricultural) S { A (Agricultural) W ` A(Agrricultural) COMMENTS: s S ,, F//(/✓,i/j ,7 .7 c„;-7."--"-- ) I 951190 Is EXHIBIT I ftra �i COLORADO January 17, 1995 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Larry, Stacy, and Kerri Diner 16928 and 16932 Highway 392 Greeley, CO 80631 Subject: USA -1074 - Request for a Use by Special Review and Site Specific Development Plan for an excavation business in the A (Agricultural) zone district on a parcel of land described as a portion of the NE4 NE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Larry, Stacy and Kern: 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 February 21, 1995, 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. 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 forwardedcopies of the submitted materials to the Eaton and Greeley Planning Commission for its review and comments. Please call Gary Carsten at the Town of Eaton at 454-3338 and the City of Greeley at 350-9780 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Todd A. Hodges Current Planner 951199 • EXHIBIT Hello