HomeMy WebLinkAbout20221356.tiffHEARING CERTIFICATION
DOCKET NO. 2022-42
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND MAJOR AMENDED USE BY
SPECIAL REVIEW PERMIT, 2MJUSR22-17-0003, FOR AN OFFICE AND STORAGE
FACILITY FOR A SEED DEALERSHIP, INDOOR AND OUTDOOR STORAGE OF RVS,
BOATS, CONSTRUCTION EQUIPMENT, COMMERCIAL VEHICLES, TRAILERS, AND
SEMI -TRUCKS, EIGHT (8) PARKING SPOTS FOR RENTAL EQUIPMENT, TO INCLUDE
THE ADDITION OF A SHOP, FERTILIZER STORAGE AND SALES, THREE (3)
500 -GALLON ABOVE GROUND FUEL TANKS, AND MORE THAN THE NUMBER OF
CARGO CONTAINERS ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY
CODE (UP TO SIX (6) CARGO CONTAINERS PROPOSED) OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - GEORGE L. SANDBERG IRREVOCABLE TRUST, C/O WINTER SEED
AND AG SERVICES, LLC
A public hearing was conducted on May 18, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem - EXCUSED
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Department of Planning Services representative, Diana Aungst
Development Review representative, Melissa King
Department of Public Health and Environment representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated April 11, 2022, and duly published April 13,
2022, in the Greeley Tribune, a public hearing was conducted to consider the request of
George L. Sandberg Irrevocable Trust, c/o Winter Seed and Ag Services, LLC, for a Site Specific
Development Plan and Second Major Amended Use by Special Review Permit,
2MJUSR22-17-0003, for an office and storage facility for a seed dealership, indoor and outdoor
storage of RVs, boats, construction equipment, commercial vehicles, trailers, and semi -trucks,
eight (8) parking spots for rental equipment, to include the addition of a shop, fertilizer storage
and sales, three (3) 500 -gallon above ground fuel tanks, and more than the number of cargo
containers allowed by Section 23-3-30 of the Weld County Code (up to six (6) cargo containers
proposed) outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
Bruce Barker, County Attorney, made this a matter of record.
Chair James reviewed for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four (4) Commissioners being present and Commissioner Freeman
being excused.
CC: PLC's./MN/CA)
9/13/22
2022-1356
PL2466
HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST, C/O WINTER
SEED AND AG SERVICES, LLC (2MJUSR22-17-0003)
PAGE 2
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
indicated 20 referrals were sent out and 11 referral agencies responded. She provided the general
location and the history of USR17-0003 and stated the Major Amendment is in conjunction with
Lot Line Adjustment, LLA22-0004, and encompasses a new 7,800 -square -foot building, three (3)
500 -gallon above ground fuel tanks, six (6) cargo containers and multiple fertilizer storage tanks.
She mentioned the original application only indicated one (1) 500 -gallon above ground fuel tank,
but the applicant has since amended the application to include three (3). She outlined the number
of employees and hours of operation for each business on the site and described the parking,
screening, landscaping and existing/proposed structures. She referenced Resolution #2022-
0674, which is a Crossing Closure and Maintenance Agreement between Weld County and the
Union Pacific Railroad, to permanently close the At -Grade Public Road Crossing for County
Roads (CR) 46 and 35, which will change how the site is accessed by the customers and
employees of the on -site businesses. Ms. Aungst described the adjacent lands, closest residence,
and the surrounding uses, adding eight (8) surrounding property owners (SPOs) were notified of
the application and detailed the concerns of three (3) SPOs, expressed at the Planning
Commission hearing. She stated the site is within the Coordinated Planning Agreement Area
(CPA) of the Town of LaSalle and the City of Evans and is within the three (3) mile referral area
of the Towns of LaSalle and Gilcrest and the City of Evans. She described traffic associated with
the site, relayed a Road Maintenance Agreement is being requested, and outlined the drainage
and grading requirements. Ms. Aungst entered the favorable recommendation of the Planning
Commission into the record as written, requested Condition of Approval (COA) #1.A (applicant
shall record LLA22-0004) be deleted, as it has been completed, and requested the legal
description of the site be changed to reflect the recorded LLA. Lastly, she displayed images of
the site and surrounding views.
El In response to Commissioner Buck, Melissa King, Development Review, stated due to the
four (4) -acre increase of the site, the applicant will move the existing detention pond to the east.
Responding to Chair James, Mr. Barker confirmed sufficient notice was given, with regard to the
change in the legal description.
Lauren Light, Department of Public Health and Environment, stated the Central Weld County
Water District provides water to the site and there is a septic system sized for four (4) employees,
which serves the current office, and relayed the new shop will require a commercial septic system.
She discussed fertilizer storage and waste, indicated the fuel tanks are required to comply with
state regulations, and confirmed no hazardous chemicals will be stored onsite. She relayed
Development Standards (DS) #22-33 address Environmental Health items.
Jeff Winter, applicant and representative of the George L. Sandberg Irrevocable Trust, stated
the existing businesses on the site will remain the same and the request is only to add the storage
of agricultural fertilizer for local growers. He indicated the site is surrounded on three (3) sides by
a dryland farm, which is maintained, confirmed the LLA has been completed and showed the
detention pond relocation on the displayed map. He discussed access, relayed the existing
screening is working well and noted the new shop would give them a climate controlled place to
work on equipment. He explained the tank farm (fuel tanks) will have a liner, and the machine
washing area will also be self-contained. He stated landscaping is difficult due to the lack of water,
mentioned he is planning on putting rock on the south side of the site, discussed the hours of
2022-1356
PL2466
HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST, C/O WINTER
SEED AND AG SERVICES, LLC (2MJUSR22-17-0003)
PAGE 3
operation for each business and relayed the proposed building will act as a natural screen for
equipment storage. He asserted there will be no reportable quantities of chemicals onsite, and in
response to Commissioner Saine, explained the security measures in place for the chemicals.
Ms. Aungst referenced COA #6.A (applicant shall address the requirements of the Weld County
Office of Emergency Management).
El Tom Potter, SPO, expressed concern with proposed tank sizes in the site's 20 -year buildout
plan and suggested a reduction to the tank sizes. He made suggestions for screening, such as a
fence or a berm and requested the hours of operation be from 5:00 a.m. -10:00 p.m. In response
to Chair James, Ms. Aungst confirmed she did not include the 20 -year buildout amounts of
fertilizer in the application because it is related to agriculture and indicated there are no limits on
agricultural tanks in the County Code. She further explained, fertilizer tank farms are typically
administratively approved, but because this application is increasing/expanding the boundaries
of the existing USR, staff is seeking Board approval.
Randy Ray, LaSalle resident, represented his mom who lives across from the site. Mr. Ray
expressed concerns with water quality related to fertilizer storage, asserted the need for
agricultural fertilizer is declining and mentioned there could be a potential compromise to
groundwater. He stated he also had concerns with access, but after speaking with
Elizabeth Relford, Deputy Director of the Department of Public Works, prior to hearing, he has a
better understanding of future plans for the area. In response to Commissioner Moreno regarding
possible contamination, Mr. Ray suggested a possible reduction of the storage volume.
In response to public comment Mr. Winter clarified other fertilizer facilities in the area are
older, have less technology and do not have tank containment. With regard to the 20 -year tank
capacity, he stated he is open to having smaller tanks and relayed he is not manufacturing
fertilizer and will only be storing liquid fertilizer that is blended elsewhere. Ms. Aungst confirmed
for Commissioner Buck the tanks will be above ground, and Mr. Winter explained the newer tanks
come with the option of an internal bladder to offer two (2) forms of containment.
Commissioner Saine stated DS #31 (The facility shall comply with all provisions of the State
Underground and Above Ground Storage Tank Regulations) is applicable regardless of the tank
size. In response to Commissioner Buck, Mr. Winter stated he is opposed to a berm, as it is an
eyesore, and relayed a fence creates a barrier for trash and tumbleweeds, which creates a fire
hazard. Mr. Winter indicated farmers dictate the hours based on the season and demand, and
noted the RV storage facility has been operating 24 hours a day, 7 days a week.
El The Board discussed the Conditions of Approval and Development Standards and per
Ms. Aungst's previous request, removed COA #1.A. She also requested the removal of any
reference to Delbert and Rosalie Wertz, as the property is now owned solely by the
George L. Sandberg Irrevocable Trust and requested to change the language of the application
request from "a 500 -gallon above ground fuel tank" to "three (3) 500 -gallon above ground fuel
tanks". Chair James suggested adding "attempt to", to COA #1.B (address the requirements of
the Central Weld County Water District) and after discussion about DS #4 (hours of operation)
the Board agreed to move Winter Seed and Ag Services, LLC, to DS #3, allowing it to operate
24 hours a day, 7 days a week, and move the rental equipment business to DS #4, with the hours
of operation being 6:00 a.m. to 8:00 p.m., 7 days a week. Regarding DS #5 (number of
2022-1356
PL2466
HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST, C/O WINTER
SEED AND AG SERVICES, LLC (2MJUSR22-17-0003)
PAGE 4
employees) the Board changed "shall be" to "may be up to" and deleted the last sentence,
referencing the rental business, which has not been established yet. In response to
Commissioner Moreno regarding screening as it relates to DS #30 (portable toilets), Ms. Aungst
confirmed a Screening Plan is being requested, and there was discussion among the Board and
the applicant about screening. Responding to Mr. Barker, Ms. Aungst explained the original
request was for one (1) fuel tank but during the application process the applicant mentioned, via
email, having three (3) types/tanks of fuel. Ms. Aungst confirmed that email was added to the
application materials, which are available to the public and Mr. Barker concluded that since the
request for three (3) is/was available in the case file, the Resolution should reflect that change.
The Board agreed to all of the aforementioned changes.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
In response to Chair James, Mr. Winter indicated he had reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
El Commissioner Saine made a motion to amend the Resolution from one (1) to three (3)
500 -gallon above ground fuel tanks. The motion was seconded by Commissioner Buck, and it
carried unanimously. Commissioner Buck made a motion to amend the Resolution to reflect the
current property owner as the George L. Sandberg Irrevocable Trust and incorporate the
amended legal description. The motion was seconded by Commissioner Saine, and it carried
unanimously.
le Commissioner Saine moved to approve the request of George L. Sandberg Irrevocable Trust,
c/o Winter Seed and Ag Services, LLC, for a Site Specific Development Plan and Second Major
Amended Use by Special Review Permit, 2MJUSR22-17-0003, for an office and storage facility
for a seed dealership, indoor and outdoor storage of RVs, boats, construction equipment,
commercial vehicles, trailers, and semi -trucks, eight (8) parking spots for rental equipment, to
include the addition of a shop, fertilizer storage and sales, three (3) 500 -gallon above ground fuel
tanks, and more than the number of cargo containers allowed by Section 23-3-30 of the Weld
County Code (up to six (6) cargo containers proposed) outside of subdivisions and historic
townsites 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
amended. The motion was seconded by Commissioner Buck, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:51 a.m.
2022-1356
PL2466
HEARING CERTIFICATION - GEORGE L. SANDBERG IRREVOCABLE TRUST, C/O WINTER
SEED AND AG SERVICES, LLC (2MJUSR22-17-0003)
PAGE 5
This Certification was approved on the 6th day of June, 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddi4A) .Jdp,ok.
Scott R. James, Chair
Weld County Clerk to the Board
puty Clerk to
2022-1356
PL2466
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