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~ • • <br />to require Petitioner t-.o hard surfr,r~, rc~,ml rands as a conr'i- <br />lion of yrunLing Lhc pciuuL. <br />D. Operation of hatch plants on the property is <br />necessary to economic use of. the property for mining sand and <br />gravel profitably. <br />E. The standards for determining ~aheiher or not <br />uses requiring special review will be Permitted as adopted <br />in Parayraph 29.7 of the Comprehensive Zoning Resolution of <br />t3ie County of Larimer, copy of which is attached hereto as <br />Exhibit "F" and incorporated by reference herein, are so <br />general, indefinite, and uncertain, that the determination <br />of whether or not such a use will Fie permitted is left to <br />the unguided discretion of the Commissioners. <br />F. The County of Larimer has not adopted any <br />regulations which provide standards governing the determina- <br />tion of whether or not asphalt or concrete batch plants will <br />be permitted.or setting forth the circumstances under which <br />such permission will be oranted. <br />F. The undisputed evidence is that Petitioner's <br />proposed use of Three Bells Ranch complies with all Count}~ <br />reulations governing special review. The batch plants are <br />near the center of 800 acres of ]and owned by Petitioner. <br />There is no evidence in the record to support a determina- <br />tion of failure to comoly with County guidelines or that ttte <br />proposed use would have a detrimental effect upon the surround- <br />ing neighborhood or a detrimental effect upon the public i.n <br />general. <br />G. Petitioners proposed use complies with all <br />applicable Fcdcral and State environmental and mining rcguln- <br />tions and Respondent Board of County Commissioners oC lho <br />County of Larimer. has no authority to impose more stri.ngc•nt. <br />-9- <br />