HomeMy WebLinkAbout950700.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1074 FOR AN EXCAVATION BUSINESS IN THE A (AGRICULTURAL) ZONE DISTRICT
- DITTER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 5th day of
April, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Larry, Stacy, and Kerri Ditter, 16928 and 16932 Highway 392, Greeley, Colorado
80631, for a Site Specific Development Plan and Special Review Permit #1074 for an excavation
business in the A (Agricultural) Zone District on the following described real estate, to -wit:
Part of the NE'/., NE%, Section 23, Township 6
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, Stacy and Kerri Differ, said applicants were present, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for
review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown
compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows:
a. This proposal is consistent with the Weld County Comprehensive Plan and
is provided for as a Use by Special Review.
b. The proposed use will be compatible with the existing surrounding land uses
and with future development.
c. No overlay districts affect this site.
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SPECIAL REVIEW PERMIT #1074 - DITTER
PAGE 2
d. The applicants have demonstrated a diligent effort to conserve productive
agricultural land.
e. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Larry, Stacy, and Kerni Ditter, for a Site Specific
Development Plan and Special Review Permit #1074 for an excavation business in the A
(Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted
subject to the following conditions:
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. Access
to State Highway 392 shall be limited to residential use only.
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.
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SPECIAL REVIEW PERMIT #1074 - DITTER
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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
Services' staff for review and approval.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of April, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, C.LORADO
ATTEST
Weld County Clerk to the Board
BY.
Deputy Clerk to the Board
Dale
arbar Kirkmey-Te
eorge E?axter
C
Constance L. Harbert
W. H.. Webster
tc2 it/1-7
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DEVELOPMENT STANDARDS - DITTER
PAGE 2
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 herein and all applicable Weld County Regulations.
14. The Special Review area shall be limited to the plans shown herein 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.
17. There shall be no storage or stockpiling of soil or waste material on site.
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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, as submitted in the applicatoin
materials on file and subject to the Development Standards stated herein, and shall include
no more than nine 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.
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 of 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.
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 Development
Standards and 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.
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