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Residents object to Simplot fertilizer rezone as applicant withdraws request
Summary
Council held a public hearing on a proposed rezone for land southeast of U.S. Highway 26 to allow a fertilizer storage/blending facility; the applicant withdrew the application but residents voiced safety, air-quality and land-use concerns and planning staff and the planning commission had recommended against the change.
Scottsbluff City Council held a public hearing on a proposed rezone of Blocks 2 and 4 of Whistle Creek Subdivision, a tract southeast of U.S. Highway 26, after the applicant asked to withdraw a request to change the zoning from C-3 (heavy commercial) to M-1 (light manufacturing/industrial). The council accepted the withdrawal but heard extended public comment before doing so.
Why it matters: The M-1 district allows industrial uses that residents said could include fertilizer storage and mixing, scrap processing or other activities they view as incompatible with adjacent farms, homes, a church and a greenhouse. Planning staff reported the planning commission issued a negative recommendation (4-2) on the rezone at its April 14 meeting.
Residents who live near the site objected on safety, aesthetic and health grounds. Jane Moran, who identified herself as owner of Jane’s Greenhouse and a descendant of a family that has owned nearby farmland for more than 130 years, said she has experienced off-site air problems when nearby businesses burned materials and said she feared pollution and impacts to water and air if a fertilizer facility were allowed near her business. Lee Penay, who said his family farms directly across Highway 26, cited traffic and safety concerns and warned that M-1 zoning could allow uses he considers inconsistent with the city’s vision for that corridor. Attorney Bridal Rice, speaking for adjacent owner Frank Properties 2 LLC, said her client objected and noted the city’s comprehensive plan contemplates keeping industrial areas in other parts of town.
Simplot representatives described the proposal as a storage-and-blend operation, not a manufacturing plant. A Simplot adviser identified as Chris told the council, “We do not handle anhydrous,” and said tanks would be double-walled, placed on concrete and contained, and that the facility would be secured and professionally maintained. Kyle Lewis, a Simplot adviser who said the company has been in the area more than 50 years, said the move was needed to allow company growth and preserve local jobs.
Staff acknowledged the applicant had requested withdrawal after the public notice had been published and said municipal code requires the council to hold the public hearing despite the withdrawal. The council voted to accept the applicant’s withdrawal, removing the rezone from further consideration at this meeting.
What happens next: With the applicant’s withdrawal accepted, the city code allows the applicant to reapply; if the council had denied an application, a 12-month waiting period would apply. Exhibit materials entered into the record included the planning commission packet, staff report, site plan and an operational statement from Simplot Grower Solutions.
