HomeMy WebLinkAbout20101919.tiff HEARING CERTIFICATION
DOCKET NO. 2010-33
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1738 FOR A HOME BUSINESS (PARKER TREE SERVICE - AND ORGANIC
VEGETATIVE RECYCLE OF MULCH AND WOOD) IN THE A (AGRICULTURAL) ZONE
DISTRICT—JAMIN AND BETH MEYER
A public hearing was conducted on August 25, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Heidi Hansen
Public Works representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated July 16, 2010, and duly published July 21, 2010,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Jamin and
Beth Mayer, for a Site Specific Development Plan and Use by Special Review Permit #1738 for
a Home Business (Parker Tree Service - and organic vegetative recycle of mulch and wood) in
the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chair Rademacher advised Jamin Mayer, applicant, that he has the option of continuing this
matter to a date when the full Board will be present. However, if he decides to proceed today, it
will require three affirmative votes, or in the case of a tie vote, Commissioner Conway will listen
to the record and make the determining vote. Mr. Mayer indicated he would like to proceed
today.
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 property is located east of County Road 1, approximately one-half mile north of
Highway 66, and although it is not within an Intergovernmental Agreement Area, it is within the
three-mile referral areas for the City of Longmont and the Towns of Firestone and Mead. He
stated the referral response from the City of Longmont indicated no conflict with its interests,
and staff did not receive a referral response from the Towns of Firestone or Mead. Mr. Ogle
explained the site is accessed from County Road 1 and is currently in violation of the Weld
County Code for operating a Home Business without the proper permits. He stated, if this
application is approved, the violation case will be closed; however, if denied, the matter will be
referred to the County Attorney with instruction to delay legal action for 30 days to remove the
business from the property. He further stated the properties to the north, south, and east are all
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predominantly small to medium acreages with single-family residences and outbuildings. To the
north is a residential development, the Bohrer Planned Unit Development, and to the west is
Boulder County. Mr. Ogle stated 14 referral agencies reviewed the proposal, five responded
favorably or provided comments that have been addressed in the Conditions of Approval and
Development Standards, and staff has received no correspondence from surrounding property
owners. He displayed photographs of the site and surrounding area, and explained the
applicant stores surplus wood and mulch from the tree service and allows the public to come
and cut and haul away wood for free.
Heidi Hansen, Department of Public Works, stated the site is accessed from County Road 1,
which is a collector status road requiring 80 feet of right-of-way; however, only 60 feet of
right-of-way currently exists. She stated in May, 2007, County Road 1 had an average daily
traffic count of 3,000 vehicles. Ms. Hansen stated the original site plan showed an additional
access for the creation of a circle drive; however, due to the high traffic volume, a second
access will not be allowed and the applicant is now requesting to widen the existing access.
She further stated the applicant intends to utilize an existing low spot on the property to serve as
the required water quality feature.
Lauren Light, Department of Public Health and Environment, stated the site will be serviced by
the Longs Peak Water District and an existing septic system, which is designed for up to six (6)
people. She stated Condition of Approval #2 allows the applicant to use the restrooms in the
residence for employee and public use; however, the system will require an engineer's
evaluation if they exceed six (6) people per day. Ms. Light stated the only waste will be from
employee lunches and household waste, which the application materials indicate will be picked
up by Western Disposal, and Development Standards #5 through #17 address standard
Environmental Health requirements for this type of use.
Mr. Mayer stated he operates a tree service and he acquires a lot of mulch and wood from the
various job sites. He stated he dumps the excess material on his property and allows the public
to pick it up for free.
No public testimony was offered concerning this matter. In response to Commissioner Garcia,
Mr. Mayer stated the requested hours of operation and employee limits are adequate, and
although he intends to construct a shop in the future if the business grows, he is aware that he
will need to address the septic system at that time. Following discussion with the Board,
Mr. Mayer indicated he is agreeable to modifying Development Standard #4 to allow up to
six (6) employees to be consistent with the capacity of the existing system without requiring an
amendment to his permit. Responding to Chair Rademacher, Mr. Ogle stated Development
Standard #23 and Condition of Approval #1.F address the screening requirements. Responding
to Commissioner Garcia, Mr. Ogle stated he believes initiation of the violation was complaint
driven as a result of previous disposal of bark dust in the public right-of-way. In response to
Chair Rademacher, Mr. Mayer stated he has reviewed, and concurs with, the Conditions of
Approval and Development Standards, as proposed and modified.
Commissioner Kirkmeyer moved to approve the request of Jamin and Beth Mayer for a Site
Specific Development Plan and Use by Special Review Permit #1738 for a Home Business
(Parker Tree Service - and organic vegetative recycle of mulch and wood) in the A (Agricultural)
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HEARING CERTIFICATION -JAMIN AND BETH MAYER (USR-1738)
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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 also included the modification of Development Standard #4 to increase the employee
limit from three (3) to six (6). The motion was seconded by Commissioner Garcia, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:00 a.m.
This Certification was approved on the 30th day of August, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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2010-1919
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1738 — JAMIN AND BETH MAYER
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 08/03/2010)
Memo re: Modifications to Conditions of Approval, dated
D. Planning Staff 08/03/2010
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