HomeMy WebLinkAbout20062005.tiff HEARING CERTIFICATION
DOCKET NO. 2006-37
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1548
FOR A BUSINESS PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY
SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIALZONE DISTRICT(DISPLAY
FIREWORKSSTORAGE)IN THE A(AGRICULTURAL)ZONE DISTRICT-DAVID RIPPE,
C/O ARTISTIC FIRE, LLC / BYRON NELSON AND MELBA MCDANAL
A public hearing was conducted on June 21, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tern
Commissioner William H. Jerke - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Jenny Luna
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated June 2,2006,and duly published June 7,2006,in the
Fort Lupton Press, a public hearing was conducted to consider the request of David Rippe, do
Artistic Fire, LLC/Byron Nelson and Melba McDanal,fora Site Specific Development Plan and Use
by Special Review Permit#1548 for a Business Permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone District(display fireworks storage) in
the A(Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, stated the application was approved by Consent
Agenda at the Planning Commission hearing, and the applicant wishes to proceed; however, a
representative was not present. Chair Geile called a short recess to allow time for the applicant to
be present. Upon reconvening, Mr. Barker advised Melba McDanal, applicant, that she has the
option of continuing this matter to a date when the full Board will be present. However, if she
decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
CommissionerJerke will listen to the record and make the determining vote. Ms.McDanal indicated
she would like to proceed today.
Mr.Ogle 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 east of Weld
County Road 87,and south of State Highway 52,and does not lie within the three-mile referral area
for any surrounding municipality. He stated the surrounding properties are residential and
agricultural, and eight surrounding property owners exist within 500 feet of the site. He stated the
primary access is from Weld County Road 87, and the 7,000-square-foot lease area associated
with the application is located south of the existing center pivot. Mr. Ogle stated the rest of the
2006-2005
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HEARING CERTIFICATION-DAVID RIPPE,C/O ARTISTIC FIRE, LLC/BYRON NELSON AND
MELBA MCDANAL (USR#1548)
PAGE 2
property will remain agricultural in nature, including hay production and raising of livestock. He
stated ten referral agencies have reviewed the proposal,and nine offered comments that have been
addressed within the Conditions of Approval and Development Standards. Mr. Ogle displayed
photos of the site, and stated the access road will extend past the grange hall to the two storage
facilities. In response to Chair Geile,Mr.Ogle stated the training associated with the operations on
the site will take place at the existing grange hall.
Char Davis, Department of Public Health and Environment, stated she had no concerns with the
application, since the site will be used primarily for storage and no sewer facility is proposed. In
response to Chair Geile, Mr. Ogle stated the Southeast Weld Fire District did not respond to the
referral; however, the applicant has been in contact with the Fire District.
Don Carroll, Department of Public Works, stated the site will be accessed from State Highway 52,
south to Weld County Road 87 to the spur located adjacent to the grange hall, known was Weld
County Road 10. He stated only one access to the facility will exist, and Weld County Road 87 is
a local gravel road.
Byron Nelson, co-applicant, addressed the issue of fire explosion. He stated the Emergency
Responders guidebook recommends fighting only secondary fires from a distance of 500 feet,due
to the potential for explosion. In response to Chair Geile, Mr. Nelson stated Rocky Mountain
Pyrotechnic provides training to fire department personnel and operators regarding the safe
operation of firework displays, and the facility will store the materials to complete the necessary
training sessions. He further stated fireworks will not be launched at this site, and the training
involves classroom instruction and hands-on instruction within a field located at Weld County Roads
83 and 10. Responding further to Chair Geile, Mr. Nelson stated he has reviewed and concurs with
the Conditions of Approval and Development Standards as proposed. Mr. Carroll clarified the
application indicates the site will be used approximately 20 times per year,therefore,the site is not
considered to be heavily used.
No public testimony was offered concerning this matter.
Commissioner Masden moved to approve the request of David Rippe,do Artistic Fire, LLC/Byron
Nelson and Melba McDanal, for a Site Specific Development Plan and Use by Special Review
Permit #1548 for a Business Permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone District (display fireworks storage) 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. The motion was seconded by Commissioner Vaad, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:25 a.m.
2006-2005
PL1841
HEARING CERTIFICATION-DAVID RIPPE,C/O ARTISTIC FIRE, LLC I BYRON NELSON AND
MELBA MCDANAL (USR #1548)
PAGE 3
This Certification was approved on the 26th day of June 2006.
APPROVED:
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ATTEST: '—`
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Weld County Clerk to the Beard h° ". `
VU David E. Long, Pro-Tern
BY:
DepuC Clerk to`the Board EXCUSED
liam H. Jerke
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Robert Masd
DOCKET#2006-37Audi/A-4
Glenn Vaad _
2006-2005
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1548 - DAVID RIPPE, CIO ARTISTIC FIRE, LLC, ATTN: NELSON/MCDANAL
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 04/18/2006)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification of Sign Posting and Photo
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