HomeMy WebLinkAbout20100282.tiff HEARING CERTIFICATION
DOCKET NO. 2009-36.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1694 FOR A HOME BUSINESS (STORAGE OF CONSTRUCTION
MATERIALS) IN THE A (AGRICULTURAL) ZONE DISTRICT - KEITH THOENE
A public hearing was conducted on March 10, 2010, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 23, 2010, and duly published
February 25, 2010, in the Windsor Beacon, a public hearing was conducted to consider the
request of Keith Thoene for a Site Specific Development Plan and Use by Special Review
Permit #1694 for a Home Business (storage of construction materials) in the A (Agricultural)
Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record.
Michelle Martin, 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. She stated the site is located west of County Road 49 and south of County Road 6, and
there is currently a single-family residence and pole barn located on the property. She clarified
the pole barn is where the majority of the materials will be stored, and any outdoor storage will
be appropriately screened. She indicated the residence is served by a domestic well and a
permitted septic system, and there are nine surrounding property owners within 500 feet of the
property. She briefly described the surrounding area, which includes residences, agricultural
uses, and a landscaping tree farm. She indicated the site is located within the three-mile
referral area for the Town of Hudson and Adams County; the Town of Hudson indicated no
concerns in a referral response, and Adams County did not respond the referral request. She
confirmed the property is currently in violation, for the storage and business uses on the site
without the proper permits; however, approval of this USR application will correct the violation.
She indicated thirteen referral agencies reviewed the application materials, with ten providing
comments which have been addressed within the Conditions of Approval and Development
Standards. She clarified no response was received from the West Adams Soil Conservation
District, Adams County, or the Box Elder Irrigation Company, and she displayed photographs of
the site and surrounding area. In response to Commissioner Garcia, Ms. Martin clarified the
Hudson Fire Protection District is requesting that the applicant provide a detailed list of the
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materials to be stored within the pole barn. She further clarified the applicant will be required to
apply for a Change of Use permit for the barn, which will require a letter of approval from the
District.
Don Carroll, Department of Public Works, stated the site access is located on County Road 49,
which is an arterial road, and the most recent traffic count is approximately 48 vehicles per day.
He stated County Road 6 is a local gravel road, with a traffic count of approximately 56 vehicles
per day. He clarified the applicant has agreed to close and abandon an existing access at the
southeast corner of the property, and only the new access on County Road 49 will be utilized.
He indicated the applicant has provided the required water quality feature to catch runoff, which
is located in the southeast portion of the property. He confirmed there will be a minimal amount
of traffic to the site, and the applicant has indicated a pick-up truck with a trailer may access the
site approximately once per week.
Lauren Light, Department of Public Health and Environment, stated water is provided to the site
by a domestic well, and as long as there are no additional employees or customers at the site,
the well is not required to be re-permitted. She confirmed the septic system is adequately sized
for the residence, and dust control measures will be required since the access drive is surfaced
with gravel; however, there will be a minimal amount of traffic to the site, therefore, dust is not a
big concern. She indicated there will not be any waste generated on the site, as the applicant is
storing recycled metal doors and security components, therefore, a Waste Handling Plan is not
required. She confirmed the applicant has satisfied many of the Conditions of Approval, which
may be deleted from the Resolution.
Keith Thoene, applicant, stated he is part-owner of Sierra Detention Systems which is a
company that provides electronic security equipment for jails and detention centers, etcetera.
He indicated he purchased the property in the year 2007, and during that year, the company
was scheduled to complete a job for the City and County of Denver detention center. He
clarified the proper permit of the parking of the trucks and equipment was not able to be
secured, therefore, he diverted the trucks to be temporarily parked on his property since it was a
large acreage. He explained he now understands the ten trucks full of metal doors created an
eyesore for his neighbors, and it was at that time the violation on the property was initiated. He
clarified he began the process for the USR permit at the same time be began the process of
building his residence, and he cleaned up the property and was able to get all of the equipment
hauled off of the site. Mr. Thoene explained the company recently bought a piece of land within
Adams County, approximately six acres in size, and the company is in the process of
constructing a new office building. He indicated any excess materials and equipment will be
stored at the new office building site, and his personal site will only be utilized for storing older
equipment pulled out from the jobsites where new equipment is installed. He confirmed he will
not be storing any toxic products on his site and the majority of the equipment will be 400-pound
metal detention doors. He clarified he likes to hang on to the old equipment in good working
order and he tries to recycle as much of it as possible, especially for smaller agencies which
cannot afford brand new equipment or technology. He further clarified some of the materials sit
in storage for a long amount of time before he is able to find a place where it may be reused,
and deliveries and pick-ups at the site are very infrequent. He clarified the recent traffic at his
property is related to the construction of his personal residence and the landscaping of the
property, and he confirmed everything that is currently located on the site is his own personal
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property. He indicated his cheapest option for storage of these materials was to build a large
barn within an agricultural area, which is why he pursued this site for his residence and storage
needs. In response to Chair Rademacher, Mr. Thoene confirmed there are no manufacturing
activities on the site, and the only construction activities are in relation to his residence, which
was recently completed. Further responding to Chair Rademacher, Mr. Thoene stated the
hours of operation are listed as the hours when a potential purchaser could come to the site to
pick up materials, and he concurred daylight hours may be more appropriate. In response to
Commissioner Garcia, Mr. Thoene indicated it is his intention not to utilize any outdoor storage;
however, if it becomes necessary, the outdoor storage area will be appropriately screened. He
clarified he has the desire to make his residence and property as visually appealing as possible,
and he confirmed he currently has a horse trailer and an old vehicle located on the property,
which will be screened. He reiterated all of the materials will be stored within the barn, and in
response to Commissioner Garcia, he confirmed he will screen with a wooden fence, if
necessary, and he will find adequate screening for the outdoor storage uses, if necessary.
Cecil Neill, surrounding property owner, expressed his concerns about the condition of the
applicant's property in the past, and confirmed he does not want to look at a messy property in
the future. He clarified he is not opposed to allowing the applicant to store materials on the site;
however, the materials should not be visible to adjacent properties. He indicated he concurs
with a screened area for outdoor storage, so that the property does not appear trashy and
disorganized. In response to Chair Rademacher, Mr. Neill clarified his property is located to the
east of the applicant's and he is not opposed to the hours of operation being daylight hours. He
clarified, several months ago, a semi-truck full of construction materials pulled up to the site
during the middle of the night, and stayed parked until the morning, and the noise and lights
from the truck disturbed his sleep. He indicated his overall hope is that Mr. Thoene will be
committed to being a good neighbor, and he does not object to the proposal as long as
Mr. Thoene keeps the materials inside the barn. He clarified there used to be a pond at the
southeast corner of the applicant's site; however, Mr. Thoene has since made modifications to
the area, and he questioned what Mr. Thoene ultimately intends to do in that area. Chair
Rademacher expressed his appreciation to Mr. Neill for attending today's hearing.
Mr. Thoene explained the truck situation described by Mr. Neill happened before he was living
on the site, while the residence was being constructed, and he confirmed it will not happen
again. He clarified any trucks hauling materials for the business will be directed to unload at the
office and storage facility currently being constructed. He further clarified there should be no
more commercial trucks to his property, unless he receives a load of landscaping material this
coming Spring. He reiterated the pick-up truck and trailer coming to the site to retrieve or
deliver materials will be less than once per week, and most likely will only be once per month.
Responding to Chair Rademacher, Mr. Thoene confirmed a small pond used to exist in the
southeast corner of the site; however, the water stunk and the area harbored mosquitoes. He
clarified he hired an architect who indicated to him that the area did not contain a good drainage
pattern, due to the type of soil and depressed area. He confirmed the area was excavated,
which exposed the sandy bottom layer and the area will now adequately drain and should not
harbor mosquitoes anymore. He indicated he intends to plant some rough grass in the area,
which should grow and provide ground cover, and he does not intend to create another pond on
the property. Further responding to Chair Rademacher, Mr. Carroll confirmed the plat indicates
the area as "wetlands" and he concurred that the area should drain more adequately
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Mr. Thoene clarified he desires to be a good neighbor, first and foremost, and he indicated that
if Mr. Neill ever has any concerns, he could write him a note, or talk to him in person, and he will
work to resolve his concerns. He indicated he is dedicated to improving the look of the
surrounding area, and he is willing to communicate with any surrounding property owners who
have concerns. Chair Rademacher concurred it is very important to act as a good neighbor.
Ms. Light clarified the applicant has satisfied Conditions of Approval #1.A, #1.B, and #1.C, and
Development Standard #8, therefore, they may be deleted. The Board concurred with the
modifications, as proposed by Ms. Light, as well as the modification of Development
Standard #3 to indicate the hours of operation as daylight hours. Commissioner Garcia
questioned whether Condition of Approval #2.E, requiring an enclosure for the dumpster, is
necessary for this property since the applicant is not generating waste on the site. In response,
Ms. Martin indicated it was noted that the site contained a roll-off dumpster during a site
inspection, therefore, staff recommended that the dumpster be indicated on the plat, and that an
enclosure be constructed to screen the dumpster. Further responding to Commissioner Garcia,
Ms. Martin confirmed she did not check to see whether the items in the dumpster were related
to the construction of the residence, or if they were discarded detention equipment items. Chair
Rademacher indicated if the dumpster is only on the site for the purposes of the construction of
the residence, it does not require screening; however, if the applicant will be utilizing the
dumpster on an continuing basis, the dumpster should be screened. Following discussion
among the Board, the Board concurred with the deletion of Condition of Approval #2.E.
Responding to Commissioner Garcia, Ms. Martin reiterated the applicant needs to provide a list
of the items stored within the barn to the Hudson Fire Protection District, and the District has a
form its representation will sign before the building permit is issued. Chair Rademacher
concurred this is a pretty common requirement, and he does not have any concerns with the
language as written.
In response to Chair Rademacher, Mr. Thoene indicated he has reviewed, and concurs with, the
Condition of Approval and Development Standards, as modified.
Commissioner Kirkmeyer moved to approve the request of Keith Thoene for a Site Specific
Development Plan and Use by Special Review Permit #1694 for a Home Business (storage of
construction materials) 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 Conditions of
Approval #1.A, #1.B, #1.C, and #2.E, with the required re-lettering; the modification of
Development Standard #3 to state, "The hours of operation are daylight hours, Monday through
Friday."; and the deletion of Development Standard #8, 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.
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This Certification was approved on the 15th day of March, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: -5i ._ _ cQuinnitki
�' uglas ademac
' =r, Chair
Weld County Clerk to the B!:fd ` 1 ,tR®/
rbara Kirkmeyej Pro-Tern f
BY: . (1/4d
Dep Clerk t. the Board L _ < EXCUSED DATE OF APPROVAL
Sean P. C wTi
Willi F. Garcia
-)VDavid E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1694 - KEITH THOENE
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 6/2/2009,
C. Planning Commission 7/7/2009, 10/06/2009, 12/01/2009, and 2/2/2010)
D. Planning Staff Certification and Photo of sign posting
Memo re: Request to Refer Case back to Staff, dated
E. Planning Staff 10/6/2009
E-mail re: Hearing date and Applicant address, dated
F. Planning Staff 2/5/2010
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