HomeMy WebLinkAbout20101157 HEARING CERTIFICATION
DOCKET NO. 2010-16
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1734 FOR A HOME BUSINESS (FEED DISTRIBUTION BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT-JIMMIE AND TAMARA JAMES
A public hearing was conducted on June 9, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated April 20, 2010, and duly published April 22, 2010,
in the Windsor Beacon, a public hearing was conducted to consider the request of Jimmie and
Tamara James, for a Site Specific Development Plan and Use by Special Review Permit #1734
for a Home Business (feed distribution business) in the A (Agricultural) Zone District. Bruce
Barker, County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is located north of County Road 16 and west of County Road 65. He
confirmed the site is not located within an Intergovernmental Agreement (IGA) area; however,
the site is located within the three-mile referral area for the Town of Keenesburg, which
indicated no conflicts in a referral response. He stated the site is accessed from County
Road 65, and the property is surrounded by recorded exemption parcels with single-family
residences. He confirmed the residence in closest proximity is across County Road 16, and the
applicant provided a letter of support signed by six surrounding property owners. Mr. Ogle
stated there will be no outdoor storage associated with the proposed use, and feed will be
delivered to the site on pallets and stored within an existing structure. He indicated eleven
referral agencies reviewed the application materials, and six provided comments which have
been addressed within the Conditions of Approval and Development Standards. He confirmed
no telephone calls or letters of concern have been received regarding this case. He
recommended the deletion of Development Standard #23, regarding the requirement of a
Landscape and Screening Plan, since the trash enclosure will be marked on the plat, and the
landscaping on the site is already mature. He displayed photographs of the site and the
surrounding area, and in response to Commissioner Kirkmeyer, he confirmed that Condition of
Approval #3 may also be deleted.
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HEARING CERTIFICATION -JIMMIE AND TAMARA JAMES (USR-1734)
PAGE 2
Heidi Hansen, Department of Public Works, stated County Road 16 is a collector road, requiring
80 feet of right-of-way at full buildout, and it currently contains 60 feet of right-of-way. She
confirmed the applicants will utilize the existing access, and the recent traffic count within the
area is approximately 29 vehicles per day. She further confirmed the applicants have identified
the low point on the property where stormwater runoff will be collected.
Lauren Light, Department of Public Health and Environment, stated water will be provided from
the domestic well, and there will be no outside employees or customers on the site. She
confirmed the feed business is a delivery business, therefore, the use of the septic system will
not be an issue, and the applicant has already submitted the required Dust Abatement and
Waste Handling Plans.
Jimmie James, property owner, clarified the feed he distributes is manufactured by Kent Feeds.
He clarified a semi-truck comes to the site approximately twice a month to deliver the feed from
the State of Nebraska, and he then delivers the feed to several feed stores and ranches around
the State of Colorado.
No public testimony was offered concerning this matter.
In response to Chair Rademacher, the Board concurred with the deletion of Development
Standard #23 and Condition of Approval #3, as previously requested. Chair Rademacher
questioned whether the hours of operation should be listed within Development Standard #24.
Mr. Ogle clarified there will be no customers on the site, therefore, it could be deleted, and the
Board concurred with the deletion of Development Standard #24. Further responding to Chair
Rademacher, Mr. James confirmed there are no plans to hire future employees, and in fact, his
plan is to eventually relocate the business from this property to a commercially zoned property
at some point in the future. Responding to Mr. James, Ms. Light explained the well permit is
designated for domestic use only, therefore, if any outside employees were added, the well
permit would be required to be modified. Mr. James reiterated he does not expect to hire any
outside employees.
In response to Chair Rademacher, Mr. James indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Jimmie and Tamara James for a Site
Specific Development Plan and Use by Special Review Permit #1734 for a Home Business
(feed distribution business) in the A (Agricultural) Zone District, based on the recommendations
of Planning staff and the Planning Commission, with the Conditions of Approval and
Development Standards as entered into the record. Her motion included the deletion of
Condition of Approval #3, and Development Standards #23 and #24, with the required
re-numeration. The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:30 a.m.
2010-1157
PL2063
HEARING CERTIFICATION -JIMMIE AND TAMARA JAMES (USR-1734)
PAGE 3
This Certification was approved on the 14th day of June, 2010.
BOARD OF COUNTY COMMISSIONERS
Ells WELD COUNTY, COLORADO
ATTESp . /� � r ' e. eL' fie '
0 4IP as Rademacher, hair
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Weld County Clerk to the Bo: . ; �
. . rbara Kirkmeyer, ro-Tem
Dep, y Clerk t. the Board (rte
Sean P. Con C
W' m F. Garcia
David E. Long
2010-1157
PL2063
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1734- JIMMIE AND TAMARA JAMES
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 05/04/2010)
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