HomeMy WebLinkAbout20070307.tiff HEARING CERTIFICATION
DOCKET NO. 2007-08
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1566
FOR USES PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICT (MULCH
LOADING AND UNLOADING FACILITY AND OUTDOOR STORAGE OF MULCH) IN
THE A(AGRICULTURAL) ZONE DISTRICT - RF HOLDINGS, LLC
A public hearing was conducted on February 21, 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, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 2, 2007, and duly published February 7,
2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of
RF Holdings,LLC,do Renewable Fiber,Attn:Tim Smith, fora Site Specific Development Plan and
Use by Special Review Permit#1566 for Uses Permitted as a Use by Right,Accessory Use,or Use
by Special Review in the Commercial or Industrial Zone District(mulch loading and unloading facility
and outdoor storage of mulch)in the A(Agricultural)Zone District. Bruce Barker,County Attorney,
made this a matter of record. Jacqueline Hatch,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 5.86-acre site. She stated
the property is currently in violation of the Weld County Zoning Ordinance for operating a
commercial landscaping sales and storage yard without the necessary zoning permits. Ms. Hatch
stated, if approved, the Violation case will be closed; however, if the application is denied, the
business will be required to close and remove all items within 30 days, or proceed through the
Violation process. She displayed photographs of the site and surrounding land uses, and stated
staff received letters from surrounding property owners expressing concems regarding noise,hours
of operation,trash,truck traffic,dust,health hazzards,etcetera. She further stated the site is within
the three-mile referral area for the Towns of Berthoud and Milliken,which indicated no objections
to the proposal. The Town of Johnstown responded stating it has received no comments or
complaints, and requesting the applicant be required to provide dust control on Weld County
Roads 32 and 17. Ms.Hatch stated the Town of Johnstown also indicated it anticipates extension
of the Stroh Farms Pioneer Ridge residential development, therefore, the Town recommends
limiting the proposed use to five years. She stated twelve referral agencies reviewed the proposal,
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six responded favorably or provided comments that have been addressed in the Conditions of
Approval and Development Standards,and staff received no referral response from the Colorado
Division of Wildlife, the Big Thompson Soil Conservation District, or the Little Thompson Water
District. Ms. Hatch stated the applicant is proposing to provide bottled water and a water truck for
fire control, and they are being required to provide evidence of an adequate water supply for the
office trailer septic system. In response to Commissioner Jerke, Ms. Hatch stated the Planning
Commission unanimously recommended approval of this request. Responding to Chair Long,Ms.
Hatch stated the request from the Town of Johnstown to limit the use to five years is not currently
addressed in the Conditions of Approval or Development Standards.
Char Davis,Department of Public Health and Environment,stated the applicant has provided a Will
Serve letter from the Little Thompson Water District, and staff is requiring a septic system for the
office trailer. She stated during the peak season,the site will have one full-time and one part-time
employee, therefore, staff feels it is important to require a septic system. Responding to Chair
Long, Ms. Davis stated the applicant is requesting the site be allowed to operate using portable
toilets; however, a septic system is required since this is proposed to be a permanent use. She
explained staff also had some issues with the adequacy of the water cistern in providing fire
protection.
Donald Carroll, Department of Public Works, stated the site is located south of the Town of
Johnstown, on Weld County Road 42, directly west of Weld County Road 17. He stated Weld
County Road 42,from Weld County Road 17 to the railroad tracks,has been annexed by the Town
of Johnstown. Mr. Carroll stated he contacted the Town of Johnstown to request a "Jake Brake"
restrictions sign on Weld County Road 42. He further stated dust control has been requested by
staff and the Town of Johnstown on Weld County Road 42, and Weld County Road 17 is paved.
He stated the site is accessed from Weld County Road 42, near the railroad tracks,and there is an
adequate turning radius. Responding to Chair Long, Mr. Carroll stated he typically requires dust
abatement for a distance of 300 feet in front of nearby residences;however,the Town of Johnstown
may have different standards.
Lauren Light,Tetra Tech RMC, represented the applicant and stated the site is located east of the
existing railroad tracks,and there is a rail spur leading into the site. She stated the mulch materials
are shipped to the site by rail and moved to various storage piles by front-end loaders. Ms. Light
stated the site has historically been used as a storage and loading facility,and the applicant began
leasing the property from the Great Western Railroad Company in June, 2000. She stated the
appliclant later purchased the site, and has been using the site for six years believing it was an
allowed used based on historic uses. She further stated the applicant has cleared the site,removed
structures,and graded the ground to ensure any agricultural tailwater does not flood the parcel. Ms.
Light stated there is an office on the site,there will only be two employees during the peak season
(March through late September),and there is only one employee during the off-season. She stated
due to the limited number of staff, the applicant feels providing bottled water and portable toilets
meets the intent of Sections 23-2-240.A.1 and A.2,which require evidence of an adequate water and
sewer supply. She stated they have submitted a Screening Plan, and the applicant is willing to
construct a six-foot screening fence along Weld County Road 42, adjacent to the facility. She
further stated the Meyers own land east of the site,and they indicated they do not want the applicant
to place a fence on their property. Ms.Light stated due to the difference in elevation,a fence on the
subject site will not provide any buffering for the neighboring property or the farm ground to the east.
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Ms. Light stated landscaping is not proposed along the road because the site does not have any
water for irrigation. She stated they did submit a Will Serve letter from the Little Thompson Water
District; however, it is very expensive to bring water to the site, therefore, they have resorted to
providing bottled water for the employees. She stated the Meyers did express concern with the
proposal, and the applicant did meet with them to provide a cell phone number to contact if they
have any concerns. Ms. Light stated the site will now be subject to the Development Standards for
this permit regarding noise and hours of operation,and the applicant has relocated the fine mulch
pile to help prevent any more material from blowing onto the Meyer property. She stated the Kirbys
also sent a letter of concern regarding a fire which spread to their pasture,which was generated by
the activity along the rail spur during a very hot and dry summer. She explained there was an
additional fire incident during the past six years,which was caused by an electrical shortage on a
front-end loader that caught some of the mulch on fire; it was not caused by internal combustion.
She stated there are fire extinguishers on the loaders and in the office, and the applicant has
purchased a 2,000-gallon water truck for the site,which is agreeable to the Fire Protection District.
Ms. Hatch stated the proposal is for the unloading,storage,and loading of mulch,which is an ideal
use due to the presence of an existing rail spur historically used at the site.
In response to Commissioner Masden,Ms.Davis stated the language in Condition of Approval#1.A
addresses the potential need for an Air Pollution Emission Notice(APEN); however,the applicant
does have the option of providing written evidence from the State that the site is not subject to the
requirements.
Carolyn Meyer, surrounding property owner to the east, stated the applicant has operated at the
facility for the past six years without a permit. She stated the trucks often run from 5:00 a.m. to
10:00 p.m.,and she submitted photographs, marked Exhibit H. She gave a brief description of the
images for the record, and stated she was unable to get a response from the applicant until prior
to this hearing. She stated she complained regarding the fine mulch which blew onto her property,
and since the last hearing the applicant did move the pile. She stated the new location no longer
blocked their western view; however, subsequent winds continued to blow material onto her
property. She stated the applicant also offered to place a wood privacy fence on her property;
however,she does not think that will be adequate due to the height of the piles. She further stated
the screening should be required to be placed on the subject property,not her property. Ms. Meyer
stated the applicant has slowed the truck traffic, and signs restricting the use of Jake Brakes and
limiting speeds to 25 miles per hour have been posted. She stated she appreciated the applicant's
willingness to help plow their lane following the recent winter storms;however,she does not feel the
applicant has been complying with the hours of operation and the piles have gradually move back
into her view. Ms. Meyer stated she is retired and does not want noise from the site waking her at
6:00 a.m. She expressed concern regarding the nuisance and health hazzard caused by dust,fires
started by the equipment, and limited surveillance. Ms. Meyer stated she is concerned the
excessive noise will spook her horses,therefore,she requested a schedule of the activities so she
is aware of which days or times are safe to ride her horses.
In response to CommissionerJerke,Ms.Hatch stated the Maintenance Plan addresses landscaping
of the site and ensuring weeds do not get out of control. Regarding Condition of Approval#1.K.4,
Mr.Carroll informed CommissionerJerke that Weld County Road 42 was designated by the County
as an arterial road for future widening to accommodate growth;however,it has since been annexed
by the Town of Johnstown. Responding further to Commissioner Jerke, Ms. Hatch stated the
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County does not have a"No Smoking"requirement,but the applicant has proposed to enforce a"No
Smoking"policy in their application. In response to Commissioner Rademacher, Ms. Hatch stated
height restrictions have been imposed on similar facilities,and a height restriction for the storage
piles could be added to the Development Standards at the direction of the Board.
Ms. Light stated the applicant,Tim Smith,previously had problems with a yard manager;however,
that person is no longer employed at the site,and the applicant spoke with the Meyers on several
occasions to address their concerns. She explained the storage piles are slightly higher than
normal due to the winter weather which has prevented the applicant from making deliveries. She
stated Mr.Smith is willing to provide screening;however,he feels it may not be effective due to the
height of the piles and the higher elevation of the neighboring property. Ms. Light stated the piles
have been moved back from the property line, and the applicant is requesting hours of operation,
from 6:00 a.m. to 6:00 p.m., to avoid the rush hour traffic. She stated the site will have a
2,000-gallon water truck for fire control, and it is not efficient to keep an employee at the site for
extended hours. Regarding coordinating a schedule for horse riding,Ms. Light stated the applicant
understands the concern; however, the applicant feels the animals will get used to the familiar
noises,and he is willing to remain available by cell phone. She further stated the height of piles will
vary once the weather improves and the applicant is able to start delivering materials.
Ms. Light requested Condition of Approval #1.D be modified to allow the use of a portable toilet;
however,she stated the applicant is willing to provide a septic system, if required. In response to
Commissioner Jerke,Ms. Hatch stated Development Standard#4 limits the number of employees
to two(2). Commissioner Jerke stated due to the limited number of staff, he feels portable toilets
will be adequate, and the Board concurred. Ms. Smith clarified the site will also have up to ten
semi-truck drivers coming to the site on a daily basis; however, the Board maintained that the
drivers will only be a the site fora short period of time. Ms. Light stated Condition of Approval#1.G
requires an Improvements Agreement and related collateral;however,she requested the language
be modified to waive the fencing requirement until early summer,weather permitting. Ms. Hatch
stated staff is also requesting a fence along the southern property line, since the Code requires
fencing between differing uses. She stated the southern property is currently in agricultural
production; however,it is eligible for development in the future. The Board concurred that a fence
along the southern property line should not be required. Responding to Commissioner
Rademacher, Ms. Light stated the fence along the Meyer property line would need to be as high as
12 to 30 feet due to the topography difference between the two sites. The Board concurred that the
blowing debris is a major issue of contention and a normal six-foot fence will assist in preventing
the material from blowing onto the neighboring property.
Mr.Smith stated initially there were miscommunications between his site manager and the Meyers.
He stated he has personally met with the neighbors and discussed their concerns. He stated he
explained the temporary height of piles is due to a backlog caused by winter weather. Mr. Smith
stated the fence height required to screen the site will be an eyesore,and he reviewed the site layout
for the record. He explained the piles have been shifted away from the property line,and current site
conditions were caused by a hot dry summer and heavy winter storms. Mr.Smith stated he intends
to monitor the amount of material so he does not encounter the same problems again.
In response to Chair Long,Ms. Meyer stated she does not want a fence on her property, but due to
the lower elevation, a fence on the subject site will not be effective either. She further stated if the
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applicant goes out of business, she does not want to be left with a fence. She stated the piles
are 12 to 30 feet tall,and it appears the relocation of the piles is the best solution. Ms.Meyer further
stated she would be willing to tolerate the larger piles for three months of the year, as long as it is
a temporary condition. Responding to Commissioner Rademacher,Ms.Meyer stated a fence along
the property line, in the vicinity of the buildings, may be helpful. Responding to Chair Long,
Ms. Meyer reiterated she would be satisfied with the relocation of the piles and written agreement
limiting how long the piles may remain near her home. Commissioner Jerke commented the
applicant should be able to mitigate the area of concern through appropriate management and a
specific site plan. Ms. Hatch agreed and gave a brief description of the site plan for the record.
Mr.Smith stated after meeting with the Meyers,he has rearranged his inventory so that it does not
negatively impact their property. Ms. Hatch proposed language that would control the height and
types of materials to be stored in the piles. Ms. Light requested Development Standard #3 be
modified to allow hours of operation to start at 6:00 a.m. She explained delaying the start of the work
day to 7:00 a.m.requires the truck drivers to make deliveries during the peak rush hour. The Board
agreed to amend the hours of operation to be from 6:00 a.m. to 6:00 p.m. Ms. Light requested
Development Standard #14 be modified to allow the use of portable toilets, and the Board
concurred. It was also noted that Development Standard#20 should be corrected to reflect Weld
County Road 42, not 20. In response to Chair Long, Ms. Light stated the applicant is agreeable to
placing dust suppressant approximately 300 feet in front of the neighbors' house. Chair Long
clarified fencing is no longer being required. Ms. Hatch stated Condition of Approval#1.G can also
be deleted, since fencing is no longer required. Ms. Hatch proposed language to be added as
Development Standard #7 to state, "The northern three (3) larger and four(4) smaller stockpile
areas identified on the plat,located in the norther half of the site,shall consist of larger materials to
prevent wind-blown debris." Mr.Smith proposed adding the designation of fibrous materials,such
as Redwood mulch or Cascade Cedar mulch,and the Board concurred. In response to Ms.Hatch,
the Board indicated height restrictions on the storage piles are not necessary if the piles are
contained to the appropriate materials in the designated areas.
Commissioner Masden moved to approve the request of RF Holdings, LLC,do Renewable Fiber,
for a Site Specific Development Plan and Use by Special Review Permit#1566 for Uses Permitted
as a Use by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone
District(mulch loading and unloading facility and outdoor storage of mulch)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 deleting Condition of Approval #1.G, adding Development Standard #7 to state, "The
northern three(3)larger and four(4)smaller stockpile areas identified on the plat, located in the
northern half of the site, shall consist of larger materials, or fibrous mulch materials, to prevent
wind-blown debris,"amending Development Standard#3 to allow hours of operation from 6:00 a.m.
to 6:00 p.m.,amending Development Standard#14 to state,"Sewage disposal for the facility shall
be by portable toilets,"and amending Development Standard#20 to correct Weld County Road"20"
to"42." (Clerk's Note:Condition of Approval#1.D was also deleted since the Board agreed to allow
the use of potable toilets.) The motion was seconded by Commissioner Jerke, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:25 a.m.
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This Certification was approved on the 26th day of February 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
I,!^ WEL OUNTY, COLD DO
ATTEST: Lid
avid E. Long, Chair
Weld County Clerk to the Cqh
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s, ��� Willi H. ems, ro-Tem
De u Cler to the Board"
Wil G raa
TAPE #2007-04 1
Robert D. Masden
DOCKET#2007-08 � , emach5��� ,�a,f _
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2007-0307
PL1873
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1566 - RF HOLDINGS, LLC, C/O RENEWABLE FIBER
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 09/19/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items Prior to Scheduling, dated
1/18/2007
F. Harry and Carolyn Meyer Letter of Complaint, dated 02/18/2007
G. Planning Staff Certification and Photo of sign posting
H. Carolyn Meyer 12 Photographs
Planning Staff E-mail with proposed language for Condition
of Approval, dated 02/22/2007
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