I recommend denial of this agenda item
Reasoning for my denial request
The staff report states ‘Staff recommends approval of a temporary rock crusher at The Rivers Cluster subdivision because it is an accessory use that is customarily incidental to the construction of a subdivision …..’
Unintended consequences. This explanation is a stretch and most importantly if this is allowed to be used as a way to allow rock crushing then any subdivision in the future will request and get one.
Furthermore rock crushing has always been a conditional use permitting process in the past and a S1 zone does not allow this type of activity under a conditional permit.
According to the Weber County Ordinances the objectives of the
S-1 zone are
9A-1 General Description, Objectives and Characteristics of
Zone
The objectives in establishing the Shoreline Zone S 1 are:
1. to promote the use of the land for agriculture and for
fish, wildlife and recreational purposes both public and
private;
2. to facilitate the conservation of water and other natural
resources;
3. to reduce hazards from floods and fires;
4. to preserve open space, natural scenic attractions,
natural vegetation, and other natural features within the
zone;
5. to insure adequate provision for water supply, domestic
sewage disposal and sanitation.
The permitted uses within a S1 zone are:
1. Accessory buildings, structures and uses customarily
incidental to a permitted use
2. Agriculture, grazing and pasturing of animals
3. Boating
4. Cemeteries
5. Fishing
6. Golf courses, excluding miniature golf courses
7. Home occupations - with no visiting clientele 96-35
8. Keeping of animals and fowl for family food production
9. Public parks and recreation grounds; public campgrounds
and picnic areas meeting the requirements of the Forest
Campground Ordinance of Weber County; public buildings
10. Single family dwelling; signs, same as permitted in S 1A Zone
11. Water skiing and other water recreation activities
Conditional uses are
1. Home occupations - with visiting clientele 96-35
2. Hydro electric dams
3. Private parks and recreation grounds; private campgrounds
and picnic areas meeting the requirements of the Forest
Campground Ordinance of Weber County; public utility
substations and transmission lines
4. Public Utility Substations 96-42
5. Radio and television towers
Design review versus conditional use permit
Design Review
36-1 Purpose
The purpose and intent of design review by the Planning
Commission is to secure the general purposes of this Ordinance
and the master plan and to insure that the general design,
layout and appearance of buildings and structures and the
development of property shall in no case be such as would impair
the orderly and harmonious development of the neighborhood or
impair investment in and occupation of the neighborhood.
36-2 Application and Review
All applications for occupancy permits or building permits for
all multi-family (over 8) dwellings, recreation resort uses,
public and quasi-public uses, business, commercial and
manufacturing buildings, structures and uses and their accessory
buildings, shall be accompanied by architectural elevations and
site development plans to scale, which shall show building
locations, major exterior elevations, exterior building
materials and color schemes, landscaping, prominent existing
trees, ground treatment, fences, off-street parking, vehicle and
pedestrian circulation, adjacent buildings, streets and property
lines, and existing grades and proposed new grades. All such
drawings and sketches shall be reviewed by the Planning
Commission, except that the review and approval of such plans
for small building or construction projects of less than 1000
sq. ft. in building area by the Planning Director may be
authorized by the Planning Commission in whole or in part when
the application meets all requirements of this Ordinance. All of
the above required architectural and site development plans
shall be reviewed and approved prior to the issuing of any land
use, occupancy or building permit.
36-3 Exceptions
For buildings and uses covered by conditional use permits or
planned unit development approval, design review shall be
incorporated within such conditional use permit or planned unit
development approval and need not be a separate application,
provided the requirements of this Chapter are met.
36-4 Considerations in Review of Applications
The Planning Commission and/or the Planning Director shall
consider the following matters, and others when applicable, in
their review of applications and where the plan is found
deficient the plan design shall be amended or conditions imposed
to mitigate such deficiencies when considering:
1. Considerations relating to traffic safety and traffic
congestion:
1. The effect of the development on traffic conditions
on abutting streets
2. The layout of the site with respect to locations and
dimensions of vehicular and pedestrian entrances,
exits, drives, and walkways
3. The arrangement and adequacy of off-street parking
facilities to prevent traffic congestion
4. The location; arrangement, and dimensions of truck
loading and unloading facilities. In the case of a
commercial or industrial development which includes
an on-site owner/employee residential use, all
residential windows should face away from loading
docks.
5. The circulation patterns within the boundaries of
the development. In the case of a commercial or
industrial development which includes an on-site
owner/employee residential use, a separate
ingress/egress may be required, depending on the
size and/or type of use, and for any multiple use
complex.
6. The surfacing and lighting of off-street parking
facilities
2. Considerations relating to outdoor advertising:
1. The number, location, color, size, height, lighting,
and landscaping of outdoor advertising signs and
structures in relation to the creation of traffic
hazards, the blanketing of adjacent property signs
and the appearance and harmony with other signs and
structures with the project and with adjacent
development.
3. Considerations relating to landscaping:
1. The location, height and materials of walls, fences,
hedges and screen plantings to insure harmony with
adjacent development, or to conceal storage areas,
utility installations, or other unsightly development
2. The planting of ground cover or other surfacing,
such as bark or colored/natural gravel, as described
in item G, to prevent dust and erosion and provide a
visual break for the monotony of building materials,
concrete and asphalt
3. A minimum landscape space of 10% of the project area
shall be provided with consideration of drought
resistant and water conserving landscape materials,
or as required by Chapter 18-C, Ogden Valley
Architectural and Landscape Ordinance
4. The number and type of mature and planted size of
all landscape plantings
5. The method of irrigation and approximate location of
the water meter, point of connection, and any
blow-out or winterizing system. Water conserving
methods, such as bubblers and drip systems and
electronic timer devices are encouraged
6. The location, type, and size of any existing trees
over 4" caliper that are to be removed
7. Landscape Standards. Plant sizes at the time of
installations shall be as follows:
1. Deciduous trees shall have a minimum trunk
size of two (2) inches caliper.
2. Evergreen trees shall have a minimum height of
six (6) feet as measured from top of root ball.
3. All woody shrubs shall have a minimum height
or spread of eighteen (18) inches, depending
upon the plant’s natural growth habit, unless
otherwise specified. Plants in five (5) gallon
containers will generally comply with this
standard.
4. Vines shall be five (5) gallon minimum size.
5. Turf grass species, if used, shall be hardy to
the local area. Application rates shall be
high enough to provide even and uniform
coverage within one (1) growing season. Turf
areas, where erosion is expected to occur
under normal conditions, such as drainage
swales, berms and/or slopes greater than 30%
shall be planted with sod or other
deep-rooting, water conserving plants for
erosion control and soil conservation.
6. Turf grass, if used, shall be limited to no
more than 10% of the landscaping requirement.
7. Ground cover may consist of natural or colored
gravel, crushed rock, stones, tree bark or
similar types of landscaping materials.
8. Water conserving landscaping methods and
materials are recommended and encouraged.
8. Plants used in conformance with the provisions of
this section shall be hardy and capable of
withstanding the extremes of individual site
microclimates. The use of drought tolerant and
native plants is preferred within areas appropriate
to soils and other site conditions. All irrigated
non-turf areas shall be covered with a minimum layer
of four (4) inches of mulch to retain water, inhibit
weed growth and moderate soil temperature.
Non-porous material shall not be placed under mulch.
9. The owner of the premises shall be responsible for
the maintenance, repair and replacement, within
thirty (30) days of removal, of all landscaping
materials on the site. In cases where the thirty
(30) day time limit for replacement extends beyond
the normal growing season, replacement shall be made
at the beginning of the following growing season.
4. Considerations relating to buildings and site layout:
1. Consideration of the general silhouette and mass of
buildings including location of the site,
elevations, and relation to natural plant coverage,
all in relationship to adjoining buildings and the
neighborhood concept.
2. Consideration of exterior design and building
materials in relation to adjoining structures in
height, bulk, and area openings, breaks in facade
facing on a street or streets, line and pitch of
roofs, and the arrangements or structures on the
parcel.
5. Considerations relating to utility easements, drainage,
and other engineering questions:
1. The provision within the development for adequacy of
storm and surface water drainage and retention
facilities and for utilities to and through the
property
6. Considerations relating to prior development concept plan
approval associated with any Rezoning Agreement, Planned
Commercial or Manufacturing Rezoning or Planned
Residential Unit Development Approval:
1. Does any proposed phase or phasing sequence of an
approved Concept or Preliminary Development Plan
provide for logical workable independent development
units that would function adequately if the
remainder of the project failed to materialize?
2. Is this plan or phase thereof a more detailed
refinement of the approved concept plan?
3. Are any modifications of a major nature that first
need to follow the procedure for amending the
