HomeMy WebLinkAbout20070167 HEARING CERTIFICATION
DOCKET NO. 2007-03
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #726 FOR USES PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICT (ONION STORAGE AND PROCESSING FACILITY, LAWN MOWER
WAREHOUSE, FENCING MANUFACTURING FACILITY, OFFICES, WAREHOUSING
AND TRANSFER FACILITIES); OIL AND GAS SUPPORT AND SERVICE OPERATIONS
FACILITIES; AND AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS (SORTING,
GRADING, AND PACKING FRUITS AND VEGETABLES; CROP DUSTING OR
SPRAYING OPERATIONS FACILITIES; GRAIN AND FEED SALES; SEED
PRODUCTION, PROCESSING, STORAGE, MIXING, BLENDING, AND SALES; AND
FARM EQUIPMENT SALES, REPAIR, AND INSTALLATION FACILITIES), IN THE
A(AGRICULTURAL) ZONE DISTRICT- RALPH NIX PRODUCE, INC.
A public hearing was conducted on January 31, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Brad Mueller
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated January 11, 2007, and duly published January 17,
2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of Ralph
Nix Produce, Inc., for a Site Specific Development Plan and Second Amended Use by Special
Review Permit#726 for Uses Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone District(onion storage and processing facility, lawn
mower warehouse,fencing manufacturing facility,offices,warehousing and transfer facilities),and
Agricultural Service Establishments primarily engaged in performing agricultural animal husbandry
or horticultural services on a fee or contract basis (sorting, grading, and packing fruits and
vegetables; crop dusting or spraying operations facilities; grain and feed sales; seed production,
processing,storage,mixing,blending,and sales;and farm equipment sales,repair,and installation
facilities), in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter
of record.
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HEARING CERTIFICATION - RALPH NIX PRODUCE, INC. (2NDAMUSR#726)
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Brad Mueller,Department of Planning Services,presented a brief summary of the proposal,entered
the favorable recommendation of the Planning Commission into the record as written,and gave a
brief description of the location of the site and surrounding land uses. He stated this application is
for the continuation of an onion processing plant,storage and warehousing of lawn equipment,and
oil and gas support and service facilities. He stated the remaining 20,000 square feet may be used
for a variety of industrial and commercial uses, such as offices, warehousing, and service
establishments. Mr. Mueller displayed photographs of the site and surrounding area and reviewed
the criteria of approval in Section 23-3-230.B for the record. He stated the original application
included a request for an oil and gas storage facility; however, that use was withdrawn at the
Planning Commission hearing to address concerns expressed by the neighbors. Since that time,
the applicant has submitted a letter indicating a potential tenant requesting use of the site for an oil
and gas support and service facility. Mr.Mueller read the definitions of an oil and gas storage facility,
versus an oil and gas support and service facility, which allows business/field offices and the
storage of pipes, tanks, equipment, etcetera. He stated the applicant has requested the uses be
expanded to allow oil and gas support and service facilities. Responding to Commissioner Jerke,
Mr. Mueller stated most of the storage will be indoors,and the outdoor storage will be appropriately
screened. He stated there is an elevated ditch along the western property line which screens the
site, as well as landscaping and fencing along the roadway.
Char Davis,Department of Public Health and Environment,stated the site is serviced by the Central
Weld County Water District, and each of the three existing buildings has a separately permitted
septic system. She stated the tenants will be required to report the types of wastes generated on
the site to ensure proper handling and disposal, and air permits will be required, if necessary.
Donald Carroll, Department of Public Works, stated Weld County Road 44, south of the site, is
classified as a collector status road,with an average daily traffic count of 900 to 1,100 vehicles. He
stated Weld County Road 35 is east of the site and is classified as a local paved road. Mr. Carroll
stated the access,circulation,and parking for the identified tenants are adequate; however, if any
of the uses change, staff will require additional information to ensure parking, storage, and
circulation related to the new use are appropriate. He further stated the applicant is required to
submit a Drainage Report, and upon review, staff will determine whether additional requirements
are necessary for an oil and gas support and service facility.
Tiffane Johnson,Landmark Engineering,represented the applicant and stated Mach Equipment will
be the future owner of the site. She stated the company intends to utilize 10,000 square feet of the
southern building for the indoor storage of crated lawnmowers, as well as house a full-time
employee in the residence to act as a caretaker for the site. She further stated at the Planning
Commission hearing,the applicant did not know who the tenants would be,and the application listed
all possible uses to allow flexibility in the future. Since that time, they have agreed to lease the
northern building to Bison Oil Well. She stated Mach Equipment will operate from the southern
building,and 20,000 square feet of remaining space is eligible for lease. Ms.Johnson reviewed the
site and storage layout, and stated due to the type of business operated by Bison Oil Well, the
applicant is requesting a modification to the language for the hours of operation. She stated the
retention area is within a recorded drainage easement,and the applicant has agreed to deepen the
area by one foot. She further stated since the Planning Commission hearing,the applicant has also
placed additional landscaping and buffers along the south property line, consisting of native and
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drought-tolerate vegetation. Ms. Johnson stated Mach Equipment is proposing one to two
employees,and once the remaining space is leased,the tenant will have to go through the Site Plan
Review process to ensure the intended use complies with the Use by Special Review(USR)Permit.
In response to CommissionerJerke, Ms.Johnson stated there is no provision to pump the retention
water into the ditch. Responding to Commissioner Garcia, Ms.Johnson stated Bison Oil Well must
complete the building permit process for the proposed cement storage silos. In response to
CommissionerJerke, Mr. Mueller stated if the USR is approved by the Board,an additional review
and permit will not be required for the silos.
Chuck Buie, President of Bison Oil Well,stated the company intends to construct pneumatic silos
to store the cement,and the business deals primarily with oil field drilling rigs or plugged/abandoned
work. He stated operation hours are 24-hours per day, the cement is contained, and there is no
dust. He stated the intent is to keep the trucks busy working in the field, not sitting at the site.
Responding to Commissioner Masden, Mr. Buie stated the business does not currently provide
fracing services; however, it may expand to provide that service in the future. He stated the primary
goal is to provide service to their existing customers in the area. He explained there will be no
mixing at the site, and the trucks will be washed and rinsed at the wells or pits so they are clean
when they return to the site. He stated the material is also used to clean oil spills,therefore,it is not
hazardous. He further stated the operation uses dust collectors to capture fugitive dust during the
blending process.
Responding to Mr.Carroll,Jim Ridolfi,Bison Oil Well,stated the application includes parking for 14
trucks, four to five tractor trailer units, and three to four company pickups. Mr. Buie stated the
personal vehicles of the employees will also be parked on the site. Responding further to Mr.
Carroll, Mr. Ridolfi stated the site has adequate parking and circulation,as well as space within the
shops for the business operations. Mr. Buie stated the site will be accessed from the east. In
response to Commissioners Garcia and Jerke, Mr. Ridolfi stated the amount of activity during the
night will be determined by the number of contracted jobs, and the company will employ up to 14
employees. Commissioner Jerke commented Development Standard #4 limits the number of
employees, which may be problematic for the applicant, and he proposed the Development
Standard be deleted to allow flexibility for seasonal operations, etcetera. There being no further
comments, Chair Long closed public testimony.
Responding to Chair Long, Mr. Carroll stated there are three existing accesses (two on Weld
County Road 44 and one on Weld County Road 35),and if the access is proposed to be relocated,
it should be placed to combine the uses rather than isolating the entrances. He stated the location
of the accesses and parking need to be identified on the plat. Mr.Carroll requested the addition of
a Condition of Approval to identify the business/staff parking and proposed access locations on the
plat. Responding to Commissioner Rademacher, Mr. Mueller stated he did not receive a referral
from the LaSalle Fire Protection District.
Ms.Johnson indicated the location of the current accesses(a residential driveway and main facility
access from Weld County Road 44,and one access from Weld County Road 35 in front of the large
building)and stated an additional access is not necessary; however, relocating the access further
north would be helpful. Mr.Carroll stated that would be agreeable. Ms.Johnson stated the number
of employees and hours of operation are difficult to determine,and she requested an exemption be
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allowed for Bison Oil Well,or that Development Standard#4 be eliminated entirely. In response to
Chair Long, Ms. Davis stated there are three septic permits; however, the systems are limited to
serving 20 persons, 12 persons, and a residence. She stated the system capacities limit the
number of employees unless they are evaluated by an engineer and redesigned to increase the
capacity. Commissioner Jerke stated there will not be a large impact on the septic systems since
most of the use deals with storage,shipping,and receiving. Ms.Johnson requested the language
in Development Standard #4 be modified to require an engineer's review and upgrade if the
employee limit is to be exceeded. Mr. Mueller proposed amending Development Standard#4 to
increase the number of employees from 25 to 32 to be consistent with the septic and parking
capacities. He stated there should be a limit to address the concerns addressed by the public at
the Planning Commission hearing. Regarding the hours of operation,the Board agreed to eliminate
the second sentence of Development Standard #4, and to add an exception for expanding the
system if additional employees are required. In response to Chair Long, Mr. Carroll stated the
applicant is working with the Drainage Division of the Department of Public Works to ensure
compliance with Condition of Approval#1.C.7,requiring improvements to the retention pond,which
will be placed in a drainage easement. He also requested additional language requiring designation
of the parking areas on the plan map. Mr. Mueller stated a sentence should be added to Condition
of Approval #1.C.5 to state, "All parking areas shall be designated on the plan map." He also
suggested adding Condition of Approval#1.C.8 to state,"The northernmost access on Weld County
Road 35 shall be moved to a location immediately south of the northernmost building." In response
to Ms. Johnson, Mr. Carroll stated wheel guards and curb stops should only be placed if needed.
The Board concurred with the modification to Condition of Approval #1.C.5 and the addition of
Condition of Approval#1.C.8. Mr. Mueller proposed adding a Condition of Approval to address an
upgraded septic system if the number of employees increases. Rather than adding a new
Condition, Mr. Barker proposed amending the first sentence of Development Standard#4 to add,
". . . ;however,the number of employees maybe increased in accordance with the accommodation
of the septic system approved pursuant to Development Standard #15." Mr. Buie indicated the
proposed location of the access will be between the two large buildings. Mr.Mueller stated"Oil and
Gas Support and Service Operations Facilities"should also be added to the list of allowed uses,and
the Board concurred. Responding to Chair Long, Ms.Johnson stated the applicant is not proposing
a landing pad; however, crop dusting and spraying operations facilities could incorporate the
transport and storage of a crop duster, since it is related to the agricultural industry.
Commissioner Jerke moved to approve the request of Ralph Nix Produce, Inc.,for a Site Specific
Development Plan and Second Amended Use by Special Review Permit#726 for Uses Permitted
as a Use by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone
District (onion storage and processing facility, lawn mower warehouse, fencing manufacturing
facility, offices,warehousing and transfer facilities), Oil and Gas Support and Service Operations
Facilities; and Agricultural Service Establishments primarily engaged in performing agricultural
animal husbandry or horticultural services on a fee or contract basis(sorting,grading,and packing
fruits and vegetables; crop dusting or spraying operations facilities; grain and feed sales; seed
production,processing,storage,mixing,blending,and sales;and farm equipment sales,repair,and
installation facilities), in the A(Agricultural)Zone District, based on the recommendations of the
Planning staff and the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record. His motion included amending Condition of Approval#1.C.5
to add the following sentence, "All parking areas shall be designated on the plan map," adding
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Condition of Approval#1.C.8 to state,"The northernmost access on Weld County Road 35 shall be
moved to a location immediately south of the northernmost building," modifying Development
Standard #4 to state, "The number of total employees for all businesses associated with the site
shall not exceed thirty-two(32)on the site at any one time; however,the number of employees may
be increased in accordance with the accommodation of the septic system approved pursuant to
Development Standard #15," and incorporating the phrase "Oil and Gas Support and Service
Operations Facilities" into the allowed uses on the site. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:40 a.m.
This Certification was approved on the 5th day of February 2007.
APPROVED:
BO RD OF COUNTY COMMISSIONERS
�� L COU TY, CO ORADO
ATTEST: L4' �'� ,
/ . ,) avid E. Long, Chair
Weld County Clerk to the Ofoard f'
4., illi . erke, o-T
BY: ?tb A 7 7 h jA I >Deputy Clerk to the Board • `
m Garcia
1^
TAPE #2007-03 �c )44_
Robert D. Mas ---
DOCKET#2007-03
u as R demachc`
2007-0167
PL0032
EXHIBIT INVENTORY CONTROL SHEET
Case 2ndAMUSR#726 - RALPH NIX PRODUCE, INC. C/O LANDMARK ENGINEERING
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes October 3,
2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
01/03/07
F. Weld County School District RE-1 Referral response, dated 10/28/06
G. LaSalle Fire Protection District Referral response, dated 11/09/06
H. Planning Staff E-mail re: Site Plan, dated 11/13/06
Planning Staff E-mail re: Plat copy, dated 11/14/06
J. Applicant E-mail re: Temporary Silos, dated 11/28/06
K. Planning Staff E-mail re: Revised Request, dated 12/04/06
L. Planning Staff E-mail re: Landscaping, dated 12/06/06
M. Applicant Photos of Site
N. Applicant Letter re: Proposed Uses, dated 12/23/06
O. Applicant Oversized Maps - Revised Plat, dated
12/23/06
P. Planning Staff Certification and Photo of sign posting
Q. County Attorney E-mail of draft language for approved
changes, dated 01/31/2007
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