HomeMy WebLinkAbout951193.tiff.,SE BY SPECIAL REVIEW APPLICATIC
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone - 353-3845 - Ext. 3540
Case Number
I
Application Checked By la Mylar Plat Submittee/d�� '% %�
Application Fee Receipt Number oSU ICJ 9
Recording Fee Receipt Number
117
Ue;E-
Date Received
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
I (we), the undersigned, hereby request a hearing before the Weld County Planning
Commission and Weld County Board of County Commissioners concerning the proposed Use by
Special Review Permit on the following described unincorporated area of Weld County,
Colorado:
NE NI 23
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
FSection
T 6 N, R 66 W
LEGAL DESCRIPTION of contiguous property owned which Special Review Permit is proposed:
Section T N, R W
Property Address (if available) 16928 & 16932 Hwy 392, Greeley, Colorado 80631
PRESENT ZONE Ag. OVERLAY ZONES
TOTAL ACREAGE 8 ± Acres
PROPOSED LAND USE Ag and storage of excavation equipment
EXISTING LAND USE Ag
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT:
Name: Larry flitter and Stacy R. Ditter and Kerri flitter
Address: 16928 & 16932 Hwy 392 City: Greeley Zip: 80631 Home
Telephone: 352-9231 Business Telephone: same
Name: Home
Address: City: Zip:
Telephone: Business Telephone:
APPLICANT OR AUTHORIZED AGENT (if different than above):
Name:
Address: City: Zip:
Home Telephone: Business Telephone:
I hereby depose and state under the penalties of perjury that all statements, proposals
and/or plans submitted with or contained within the application are true and correct to
the best of my knowledge.
REVISED: June 30, 1994
Signature: Owner or Authorized Agent
951193
IIEXHIBIT
i
NARRATIVE
APPLICATION FOR USE BY SPECIAL REVIEW
The Applicants, Larry and Stacy Ditter, submit the following information in support
of their Application for Use by Special Review. It is the desire and intent of the Applicants
to operate and store equipment for an excavation business on the property described in the
Use by Special Review, together with agricultural use of the balance of the property. The
Applicants business consists of two loaders, a backhoe, a skid loader, two trucks and two
trailers. In addition, the Applicants have horses and would continue to use the balance of
the property for pasturing of the Applicants horses or other livestock.
The Applicants purchased the property with the desire to locate and store their
equipment on the property, and were unaware at the time that the zoning would not allow
the storage of their equipment and the operation of their business from the property. The
Applicants were required to move their business from a location in the City of Greeley, and
could not find property within the price range that would allow them to continue their
operation of their business. The property is located at the intersection of Weld County
Road 35 and U.S. Highway 392. There are improvements on the property already existing
of two houses, one consisting of a one story frame house with a basement and the second,
a one story frame house with a basement. In addition, there is a metal shed, a frame
garage, and various outbuildings for livestock. The property is bordered along the east and
south by the Greeley No. 2 Ditch.
The Applicants desire to construct a new 40' x 60' building, to house some of his
equipment, and to delete one of the frame outbuildings. Applicants also anticipate installing
a pole or pipe fence around the perimeter of the property, consistent with the fencing at
Pinnacle Park.
The Applicants business is in support of commercial as well as agricultural and
residential activities. The Applicants provide excavation services to the agricultural
community and for commercial and residential development. The Applicants have
conducted this business for several years, and are in need of the land and location to house
his equipment at a reasonable cost, to provide the services for the community.
The property surrounding the Applicants property is used for agricultural and rural
residential development. Crop production is on all four sides of the Applicants property,
and the residential development known as Pinnacle Park lies to the north of a portion of
the Applicants property. The distance of the proposed use to any residential structures is
approximately three quarters of a mile to the south, three quarters of a mile to the west, a
half mile to the east, and approximately 750 feet to the north.
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Because of the nature of the business, there will be no patrons, members or buyers
or users actually coming to the property. The business is conducted by telephone, and the
equipment is dispatched to the locations where excavation is necessary. The business
presently employs four employees on one shift, and the employees work from approximately
7:00 a.m. to 6:00 p.m. The employees do not work on the site, but simply drive their vehicle
to the site and then drive the equipment to the excavation site. At the end of the day,
which is approximately 6:00 p.m., the employee returns the equipment to the property where
it is stored overnight and the employee then leaves. The business is conducted five days a
week and sometimes six days.
The water source for the property as it presently exists and as necessary for this
Application, is provided by North Weld County Water District. The Applicants have made
contact with North Weld County Water District, and a letter advising that water service is
presently being provided is included with the Application. The Applicants business and the
operation of the business does not require the significant, if any, additional water supply to
the property.
Access to the property is presently off of U.S. Highway 392, and is approximately 350
feet east of the intersection of U.S. Highway 392 and Weld County Road 35. The
Applicants are also requesting approval of an access off of Weld County Road 35,
approximately 550 feet south of the intersection of Weld County 35 and U.S. Highway 392.
The Applicants believe that this will be a better access route for his equipment, as the access
route on U.S. Highway 392, has restricted vision because of the buildings and trees along
U.S. Highway 392 on the Applicants property.
The type, size, weight and frequency of vehicular traffic associated with the
Applicants proposed use, consists of the Applicants employees coming to the property,
consisting of four automobiles or pickup trucks, and the employees then driving the tandem
dump trucks from the Applicants property to the excavation site. The tandem dump trucks
weight approximately 21,280 pounds and typically are pulling a trailer weighing 8,000
pounds. On the trailers are one of the following equipment: A 544 E loader, weighing
approximately 26,000 pounds, a 544 D loader weighing approximately 24,000 pounds, a John
Deere 510 backhoe weighing approximately 16,000 pounds, or a skid loader weighing
approximately 4,000 pounds. One, but not more than one, piece of equipment would be on
a trailer at any given time. At the end of each day then the trucks would return to the
Applicants property, and the employees would leave in their private automobiles to return
to their homes. There is very minimal traffic, and the traffic would be approximately 7:00
a.m., in the mornings and returning at 6:00 p.m., in the evenings.
The sewage facilities proposed for the Applicants property are the existing sewage
facilities. At present, the property is serviced by a septic system at each residence. Because
of the limited time that the employees are at the property, and the fact there are no patrons
visiting the property, additional sewage facilities are not required.
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951193
The proposed fire protection measures associated with the proposed use will not
require any additional services. There are no special needs from the local fire protection
district, and a letter from the local fire district is included with the Application.
The types and maximum number of animals to be concentrated on the use, are not
associated with the business. The animals would consist of four horses, two dogs presently,
and may consist from time to time of other domestic animals, but the Applicants would
comply at all times with the animal unit limitations of the agricultural zone district. Any
animals on the property, would not be associated with the business.
The type and size of any waste, stockpile or storage areas associated with the
proposed use are set forth on the map contained in the Application. The Applicants would
not have any waste areas or stockpiles, associated with this business. From time to lime
clean dirt may be stored on the property during an excavation, to be returned to the
excavation site at the conclusion of the excavation project. The Applicants anticipate that
no dirt would be stockpiled in excess of six (6) months. The Applicants anticipate parking
trucks and storing equipment when not in use, to the south of a building to be constructed
on the property approximately 40' by 60' in length. The equipment would be stored
between the proposed building and an existing metal shed approximately 34 1/2' by 48 1/2'.
The new building is necessary and desirable for storage of equipment, and to provide a
visual barrier from U.S. Highway 392. The proposed building and the trees along U.S.
Highway 392 provide an excellent site barrier for the equipment.
The type of storm water detention facilities associated with the proposed use are
those that presently exist. Because of the size of the property being approximately 8 acres,
and the limited coverage of the property, and because of the nature of the business
operations, it is not anticipated that any additional storm water retention facilities are
required. The parking areas for the parking of trucks and equipment, would not be hard
surface, but would consist of gravel parking area.
The time schedule and method of removal on disposal of debris, junk and other
waste associated with the proposed use, is currently provided by BFI, in a two yard
dumpster. Trash removal is at a minimum every two weeks, and topsoil, if stored on the
site, is typically removed within two weeks. Because of the nature of the business, there is
not a significant amount of waste, debris or junk in addition to that associated with a
farming operation.
The proposed landscaping plans and erosion control measures are presently existing
on the site. An extensive number of trees are already in existence on the property, and the
substantial number of mature trees line U.S. Highway 392. The Applicants use of the
property will not significantly change the normal flow of water on the property, and no
additional erosion control measures are necessitated by the activities of the Applicants.
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951192°
Reclamation procedures to be employed upon cessation of the Use by Special Review
activity, will be minimal. The Applicants change of the property, consists of the erection of
an additional outbuilding and the placement of gravel on a portion of the property for
parking of vehicles. These activities in the daily operations of the business will not require
a reclamation procedure. The structure to be erected on the property, is consistent with the
farming community.
The time table for the Applicants to construct a building, is anticipated to be either
the Spring or Fall of 1995. The Summer of 1995 would be very difficult for the Applicants
to be involved in construction of the building, as his business is at its busiest time of the
year. The Applicants anticipate that all construction, which consists of the establishment of
the gravel parking lot and the construction of a 40' by 60' metal building, can be conducted
at the same time, and can be completed within 120 days from start to finish.
The Applicants believe that the proposal is consistent with the Weld Comprehensive
Plan as it is an industry that is in support of the agricultural community. As previously
discussed, the Applicants business supports the agricultural community as well as the
commercial and residential communities. Excavation work is done in the agricultural
community, and the improvements the Applicants propose on the property are consistent
with the agricultural community, and consistent with the Weld Comprehensive Plan. If the
Application is approved, the Applicants will not increase significantly the traffic in the area,
and their business will be conducted during normal business hours and there will be no
patrons or visitors to the property. All physical work by the equipment will be conducted
at the excavation sites. Further, the proposed use is consistent with the agricultural district,
as it consists of agricultural activities, including farming, ranching and gardening and grazing
of livestock, and as a Use by Special Review within the A district.
The Applicants selected this piece of property, in accordance with its proximity to the
agricultural community as well as the City of Greeley and other municipalities. The
Applicants also selected this site as it is not in active crop production, and would not remove
productive agricultural land in the agricultural zone district. The operations of the
Applicants business, does not affect the use of the balance of the property for agricultural
purposes. The Applicants use of the property in the business, is confined to the areas of
the residence and existing outbuildings and the proposed building. In the event the
Applicants would cease operations of his business, the property could continue to be used
in the agricultural activities.
The Applicants believe there are adequate protection for the health, safety and
welfare of the inhabitants of the neighborhood, and that the use will be compatible with
existing surrounding land uses. There is presently existing a line of mature trees along the
south side of U.S. Highway 392, which will provide a buffer as well as a visual buffer for the
Applicants activities. The Applicants will not significantly increase the traffic flow, as no
customers visit the property and the equipment used by the Applicants is consistent with the
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951193
equipment in the agricultural districts. This equipment may be found upon any given farm
or ranch operation or feedlot operation or dairy operation. The present use of the
properties to the north, south, east and west, other than Pinnacle Park, is agricultural.
Pinnacle Park, itself, is agriculturally oriented, and the Applicants use of the property is
consistent with all agricultural uses.
The Applicants proposed use of the property is compatible with future development
of the surrounding area as permitted in the agricultural zone and into future development
as projected by the Comprehensive Plan. The Applicants only change to the property is the
construction of a metal building, which is consistent with other buildings in agricultural
areas, and the Applicants use will not prohibit the use of the surrounding property for
agricultural purposes or interfere with the development of the property for agricultural
purposes.
The Applicants property is not located in a flood plain, a geological hazard, nor the
Weld County Airport Overlay District. The Applicants property further does not lie within
the Section 50 Overlay District Regulations of the Weld County Zoning Ordinance.
As previously indicated the water for the site will be supplied by the present provider,
North Weld County Water District. The Applicants have contacted the Water District and
they have advised that based upon the description of the use by the Applicants, there is
presently adequate water supply provided to the property. A copy of the letter from the
Water District is attached to the Application.
The Applicants have complied with all the requirements of the Weld County Zoning
Ordinance for Use by Special Review and request that the Board approve this Application.
Respectfully submitted,
DOYLE, KLEIN, OTIS, FREY & HELLERICH, LLC
1
By: c C� �,/
Thomas E. Hellerich 2159
Attorney for Applicants
300 Bank One Plaza
Greeley, CO 80631
(303) 353-6700
5
951i '3
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TODD HOD GES
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1 L0": W 17TH AVE.
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DEAR TODD.
TODD t AM WRf ING TO YOU IN REFERANCE TO THE ZONING ON THE PROPERTY
THAT MY SON S 1 A AND i OWN, 16926 & 16932 STATE HIGHWAY 392. I ENCORAGE
Yuji TO i--ASS THE SPECIAL REVIEW PERMIT FOR THEM TO PARK THEIR EQUIPMENT
AND RUN THEIR BUSINESS FROM THEIR HOME. I HAVE DRIVEN EAST ALONG STATE
Ji H\AplY 392 TO GET TO THE FARM THAT MY BROTHER AND I WORK SINCE MAY OF
9N I DP.: rE PAST BOOTH TRUCKING AND WILLIES GRAIN THAT ARE BOTH TRUCKING
u;,,;,i P/AN;_S 'W1: ; H A LOT MORE EQUIPMENT AND TRUCKS THAN MY SON HAS. STACY
KEEPS .1 HE fARD ORDERLY AND CLEAN. I PERSONALLY HAVE TALKED TO RAY BERG
AND BILL S I'D WHOM STH ITTEN YU LETTERS. OA LETTER OFENCORAGE MENTFOR STACY IS PROUD O
F HIS
Ri ISINESS A.n�n HIS HOME P EAE TAKETHIS A
YOU T•) Pt :CS TITS REQUEST F^ THE SPECIAL REVIEW PERMIT.
1VV IVi7sv..J IIi.,S�LLlV�sIl 1',JIs THE. SPECIAL
C ,:SCF,f.,LI \'.
•
I..ARRY G i)iTTER
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