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Home My WebLink About20040512.tiff HEARING CERTIFICATION DOCKET NO. 2004-20 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#1276 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY(COMPOSTING FACILITY), ALONG WITH A CERTIFICATE OF DESIGNATION, IN THE A(AGRICULTURAL) ZONE DISTRICT - STROMO, LLC A public hearing was conducted on March 24, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Chris Gathman Health Department representative, Cindi Etcheverry Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated March 5, 2004, and duly published March 10, 2004, in the Fort Lupton Press,a public hearing was conducted to consider the request of Stromo, LLC, do John Moser and Tim Smith,for a Site Specific Development Plan and Amended Use by Special Review Permit#1276 for a Solid Waste Disposal Site and Facility(composting facility), along with a Certificate of Designation, in the A(Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. Mr. Gathman stated this amendment will reflect the change from a Class III to a Class I composting facility. He gave a brief description of the location of the site and surrounding uses. He stated the Moser Family owns properties adjacent to the site on the north,east,and west,and the boundary of the Use by Special Review Permit will not change. Mr.Gathman stated 14 referral agencies reviewed this proposal,eight responded favorably or provided comments which have been addressed in the Conditions of Approval and Development Standards, and the Weld County Department of Public Health and Environment has provided a supplemental referral,dated February 25,2004,proposing additional Conditions and Development Standards. He stated there is a surrounding property owner present who has indicated he would like to request a continuance because he purchased the property following the original notice and was not aware of this application until recently. He displayed photographs of the site and surrounding area. Responding to Commissioner Geile, Mr. Gathman explained at the Planning Commission hearing staff had not received a referral back from the Colorado Department of Public Health and Environment, and that information is required by the County Health Department in making its recommendation. He confirmed the timing issue has been resolved and the Weld County Department of Public Health and Environment's recommendation has been incorporated into the Conditions of Approval and Development Standards shown in the Draft Resolution. 2004-0512 PL1450 (1n ; ".1 /-/z 0v/0.41_j HEARING CERTIFICATION - STROMO, LLC (AMUSR #1276 AND CD) PAGE 2 Responding to Commissioner Vaad, Cindi Etcheverry, Department of Public Health and Environment, stated the Colorado Department of Public Health and Environment recommends approval of the Amendment and Certificate of Designation based on appropriate financial assurances and finding the facility in compliance with various applicable regulations. She further stated the facility has submitted fly, odor and dust abatement plans to staffs' satisfaction. She explained if a complaint is received, she will inspect the site to substantiate whether or not the site is in compliance with the plans. She stated if violations are confirmed,she can request corrections or request additional mitigation measures if the plans do not adequately resolve the problem. In response to Commissioner Geile, Ms. Etcheverrystated Conditions of Approval#2.C through#2.E have been completed and approved by the Weld County and Colorado Departments of Public Health and Environment, therefore, they can be deleted. Responding to Commissioner Vaad, Donald Carroll, Department of Public Works, stated the site is accessed from Weld County Road 30, along the west side of the section line. He stated the Moser family does own the property on both sides of the access leading to the facility. He further stated Weld County Road 30 is paved, it is a collector status road, and he would like to hear testimony from the applicant before determining whether or not a tracking pad is necessary. Tom Haren,AgPro Environmental Services,represented the applicant and stated this is an existing composting facility. He stated they are not changing the site design or size, and the infrastructure is already in place; however, an amendment of the Use by Special Review Permit is necessary to reflect the classification change which will allow them to process animal mortalities. Mr. Haren stated Longmont Foods has requested the applicant acquire the appropriate permits to allow them to process turkeys. He reviewed what types of processing are allowed under the various classifications and stated although the applicant has no intention of working with biosolids, as a Class I facility they can accept and process biosolids. He clarified this amendment includes a Condition of Approval which requires review and approval by the State prior to accepting biosolids; however,an amendment to the Use by Special Review Permit will not be required. Mr.Haren stated the applicant worked with staff to do a concurrent review with the State Health Department,and their favorable recommendation was conditional upon receipt of approval from the State,which has been received. He stated the Moser family does own the one-half-mile access easement, and the site does have a concrete pad which is designed to park trucks and spray them for biosecurity purposes. He explained the composting process, and stated there will be nuisance controls. Responding to Commissioner Vaad, Mr. Haren stated the entrance leading to the main farm and composting office is currently gravel, and it receives a lot of heavy traffic. Responding to Commissioner Geile, Mr. Haren stated this is a commercial site, it has been designed to accommodate all types of livestock, and the casualties are received from various locations throughout the County. He stated they do have a specific contract with Longmont Foods to process turkeys,and the Design and Operations Plan also addresses what is,or is not,allowed on the site. He further stated the applicant does operate a commercial and retail landscaping business for the manure that is processed, the compost with animal casualties will be processed separately, and it will also be screened and used primarily for agricultural purposes. He stated the Design and Operations Plan places limits on the amount of material that can be processed or stored on the site, and the material that has completed the composting process has no odor or pathogen problems and can be stored on the site. 2004-0512 PL1450 HEARING CERTIFICATION - STROMO, LLC (AMUSR #1276 AND CD) PAGE 3 Tim Smith, Stromo, LLC, stated they are able to market the existing composting supply on an annual basis. He stated the compost has been spread on the Moser farm in previous years, and they anticipate the Class I type compost will have a rich nutrient content and will be promoted in the agricultural market throughout the state. He explained that compost is better than commercial fertilizer, and this will provide a service that addresses the removal and processing of mortalities from various types of livestock operations. Responding to Chair Masden, Mr. Smith stated he anticipates five additional trucks per day during peak season, and the current number of trucks fluctuates depending on the season and number of sales. In response to Commissioner Geile, Mr. Smith stated he is unsure of the exact number of turkeys that will be processed because the amount will be measured in pounds. Responding to Commissioner Vaad, Mr. Gathman stated the applicant is currently selling the compost product, and they do have an existing Use by Special Review Permit for composting. Commissioner Vaad commented a retail sales operation typically requires a Use by Special Review Permit. Mr. Morrison stated the materials are sold in bulk to assist with maintaining appropriate levels on the site, and it does not appear to be a retail operation. Mr. Haren stated the applicant does sell the compost product;however,this is a wholesale site which services other retail outlets. He further stated the carbon source has not been a problem since they receive straw products with the dairy manure, and he reiterated the contract with Longmont Foods facilitated this amendment to be able to process turkeys. He explained the Certificate of Designation classification is based solely on what type of livestock they will be processing. Todd Schroeder,surrounding property owner,clarified he understands the agricultural impacts of living in a rural area;however,he does want to protect his home investment. He stated many of the residents in the area are not aware of this change and he would like the hearing to be continued to make sure they understand what is being requested. He stated the applicant is not proposing to process biosolids,therefore,the permit should be limited to a Class II facility,which will require them to go through this process again if they decide to accept biosolids. Mr. Schroeder stated he understands this is a needed service; however, he feels a Class II, Type II,facility would be more appropriate. There being no further comments, Chair Masden closed public testimony. Commissioner Jerke commented the notification issue needs to be addressed to ensure the requirements were met. Mr. Gathman stated he was not involved on the original case; however, there is documentation of the notice being sent in November 2002, and subsequent hearing continuances. He stated it has been approximately ten months between the Planning Commission hearing and this hearing. He stated the signs for this hearing were posted on February 19, 2004, at the entrance to the facility on Weld County Road 30,as well as the eastern entrance. He further stated the Clerk to the Board also mailed notification to the surrounding property owners. Mr. Morrison stated the record reflects the mailing was done on March 5,2004,and notices were mailed to the property owners within 500 feet,which he read for the record. Mr.Carroll submitted a parcel ownership map and a photograph of the haul route, marked Exhibits M and N, respectively. The Board concurred that the notification was adequate. Mr. Haren stated any continuance will be a financial burden for the applicant. He explained they applied for a Class I,which if determined to be an appropriate use for this location,will prevent them from having to go through the lengthy process again. He stated they feel this is an appropriate site and the nuisance controls are in place. He stated if they do decide to accept biosolids,the applicant 2004-0512 PL1450 HEARING CERTIFICATION - STROMO, LLC (AMUSR #1276 AND CD) PAGE 4 will have to get approval through the Colorado Department of Public Health and Environment. Ms. Etcheverrystated Development Standard#12 addresses what must be done prior to the applicant accepting Type III(biosolid)materials. Mr. Haren stated Development Standard#13 also requires the applicant to comply with the approved Design and Operations Plan and notify the County Departments of Public Health and Environment and Planning Services if any additional materials are proposed for composting. Responding to Commissioner Vaad, Mr. Haren clarified biosolids consist of municipal waste; this site will not be allowed to accept biohazard materials. Responding to Chair Masden,Mr. Haren stated he and the applicant have reviewed and agree with the Conditions of Approval and Development Standards,with the exception of Condition#2.H and Development Standard#5. He explained the issue of relocating any structures out of the County right-of-waywas not addressed under the original Use by Special Review Permit. He requested the language be modified to clarify that no"new"infrastructure shall be allowed in the public right-of-way. He stated the Moser family owns the adjacent property on both sides of the right-of-way for one mile. Mr.Carroll stated currently there is onlydirtwork in the right-of-way,and if the right-of-way is needed in the future to correct any landlocked parcels, then staff will work with the property owner to accommodate future access. He requested the following be added to the end of Development Standard #4: "A tracking pad shall be installed at the entrance to Weld County Road 30 (Weld County Road 45 section line)south for approximately 50 feet to accommodate two-way traffic." He stated this will prevent trucks from tracking materials onto the paved system. He described the type of materials commonly used for a tracking pad. Mr. Haren stated this is a historic access to the central headquarters for the Moser farming operations,and tracking materials has not been an issue in the past; however, the applicant is willing to work with the Department of Public Works as deemed necessary. Responding to Commissioner Vaad, Mr. Haren expressed concern with Condition#2.H and Development Standard#5 because the facility's ponds,ditches,and stormwater containment are already in the right-of-way and have existed for a couple of years. Mr. Morrison suggested modifying the language proposed by Mr. Carroll to include a specific date. Commissioner Vaad clarified that would be as of March 24, 2004. Commissioner Jerke moved to approve the request of Stromo,LLC,c/o John Moser and Tim Smith, fora Site Specific Development Plan and Amended Use by Special Review Permit#1276 fora Solid Waste Disposal Site and Facility(composting facility)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. Mr.Gathman suggested moving the language that was proposed for addition to Development Standard #4 to Condition #2.J to state, "A tracking pad shall be installed at the entrance to Weld County Road 30(Weld County Road 45 section line)south for approximately 50 feet to accommodate two-way traffic, and it shall incorporate 2.5-inch diameter rock." Mr. Haren stated the applicant agrees with the language;however,he would prefer the language be inserted as a Development Standard because it is a maintenance issue and it could delay recording the plat. The Board concurred with the applicant's request. Responding to Commissioner Vaad,Mr.Carroll clarified the tracking pad will extend 50 feet south from the edge of the oil on Weld County Road 30. Mr. Gathman added that Development Standard#5 needs to be amended to include the word"new" and add"as of March 24,2004." There being no further discussion,the motion carried unanimously with the following modifications to the draft Resolution: Delete Conditions#2.C,#2,D,#2.E,modify Development Standard #5 to add the word "new" and "as of March 24, 2004", insert a new Development Standard #6 with the language proposed by Mr. Carroll, and renumber or reletter 2004-0512 PL1450 HEARING CERTIFICATION - STROMO, LLC (AMUSR #1276 AND CD) PAGE 5 accordingly. (Clerk's Note: Condition of Approval#2.1-I was also deleted for consistency with the discussed changes.) Commissioner Jerke moved to approve the Certificate of Designation. Commissioner Vaad seconded the motion, which carried unanimously. The hearing was completed at 11:00 a.m. This Certification was approved on the 29th day of March 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD QCOUNTY, COLORADO ATTEST: �51�",atirf ��'(/� ��a/�1` , ,,, i • �a• Robert D. Masden, Chair Weld County Clerk to the .o- oL. // -� ' 1861 �' ;0.4.44 y William erke, Pro-Tem BY: .� I �� . Deputy Clerk to the ®� `-71 iik,,3/49'11V M. eile TAPE #2004-12 David . Long DOCKET#2004-20 Glenn Vaad 2004-0512 PL1450 EXHIBIT INVENTORY CONTROL SHEET Case AMUSR#1276 - STROMO, LLC 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 05/20/2003) D. Clerk to the Board Notice of Hearing E. Colorado Department of Public Letter re: CD Application for Class 1 Health and Environment Composting Facility (11/21/2003) F. AgPro Letter to Colorado Department of Public Health and Environment re: Revised Design and Operations Plan (12/30/2003) G. AgPro Letter to Colorado Department of Public Health and Environment re: Truck Disinfection Plans (12/30/2003) H. Planning Staff Memorandum re: Completion of Conditions required Prior to Scheduling BOCC Hearing (01/26/2004) Colorado Department of Public Letter re: Application for Certificate of Health and Environment Designation (01/22/2004) J. Clerk to the Board E-mail response to Tom Haren, AgPro re: Case scheduling (02/24/2004) K. Health Staff Memorandum re: Proposed Conditions of Approval and Development Standards (02/25/2004) L. Planning Staff Certification and 2 Photos of Sign Posting submitted 03/24/2004 M. Public Works Staff Aerial Photo showing parcel ownership submitted 03/24/2004 N. Public Works Staff Photograph of haul route dated 10/30/2000 O. P. ATTENDANCE RECORD C6J/[/y/� Q�/ / wry "' 3-k,-kW-466g JEANNE REYNOLDS HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF MARCH, 2004: DOCKET#2004-20 -STROMO, LLC s'iL Agren•Blando Court Reporting t Video,Inc. DOCKET#2004-23 - CATTAIL CREEK GROUP, LLC �, 303-216 16th Street,Suite 280•Denver,CO 80202 303-296-O017• Fox:303-296-0203•1-800-739-4846 DOCKET#2004-24 - CARL HILL, C/O WESLEY AND JULIE HILL 4450 Arapahoe Avenue,Suite 100•Boulder,CO 80303 303-443-0433•Fox:303-443-8365•1-800-473-6833 www.agrenblando.com PLEASE legibly write or print your name and complete address. J aa-Rri-e-rii raga, Q c (, Goy\ NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip . 3Yy/6 cie ? q qty moil L 12 /j, Rv G g,, y JC'J1k /(Ieev,il1 siv e- o. z.) u' 551- aatet 640 file OB L. w-o sc..— G 600 cwt 1n s- 4.- I 1 t` ►9r C.e Sces- -v - cru„ -,=i--((1 5z1 u3 1,t 31 ate lel Co151)tG3(( 1 in .,c vc at- Y37 e. 44.4..., S.. ) 1�D.+...-( ,.2 ., C/0 3o 3 - Ac4N ©v al-no Pc, Box a .23 2-417 ,ft -Y esff 4,caM 6 co 6069 .2nn1S aSSner- /4i0 b 5. n' SA , SFetZ7O Lr1YafaAd ) re.) $r-S-38•- Li' /?-6y t/ ag,el.••I 4,t /o✓ehrr/ Cc, Lo 517 l,L rcibl ►nsm )20 N . (k elzbuf An G.ovrig►, ' do grw:97 UVt e% /fC S $ vL5e(S -/cF , �HfimentI Co gD-s—o j iKur Z 334?'13 toast ( (-,-reeie.c 00 &oto3/ / g. /47c9-3-3,)&k 70 6 t a co E3/ . >, _ tic(i1 „id? 3F 6 �Q c& 6( e, it-Gin (Jog. 70 6L -cr. (o , YGG I .1c � � iy377 r 2 70 ar w doe F063 ) i L ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF MARCH, 2004: DOCKET#2004-20 -STROMO, LLC DOCKET#2004-23 - CATTAIL CREEK GROUP, LLC DOCKET#2004-24 - CARL HILL, C/O WESLEY AND JULIE HILL PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip (-%.1\D n1l5 , a vv(\A- Cr-4\10�} 13P )W UDc\c& (C \R eNee ki f F'.D65 PIMA tz- 1\h\W4L 1HUO CU a (AIWA < co 3 ce/yE ZI/UZTC 35C/0 4 L/C 31 t 4-70/V CO Stfiti _3({07)9 t kc C 21 ,n era f ler1 e-rt / 23 /5 t.)C � 7a [a-ton (�o r e0‘/5 11&IQPin Hercj er lh tt ft' /r it Cc r F><oR n fr.c ata/ leg✓ ads- 7-72-0 gyp, AF/z as 9X cue 3 o Niio sb M,cB 8o'4a jaayavRieucir 37Y63 c2 /3 D , Co rePG1.Z �� lf,07 ZiC D 2 fra/��at ) /�r4v- / 7=7 VVW'3�Nt�mr1S. 11 11,..Li St, Lb1VC D,.-r C D 805-04 vvy s ;� �3Z i ICr c ' /Cc ) /24v) 1 14- 11,- 3301 G-ct I3 1 '14Jr,t_C0/O 2&/fC 6a, y Jq,',y eti cfM 4 "e4 36/4/ /6 wc/ .2.q1 &Je o /ey CO yoo?( Hello