HomeMy WebLinkAbout20040502.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant STROMO, LLC Case Number AmUSR-1276
Submitted or Prepared
Pnor to at Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form
Letter to Applicant X
Affadavit of Sign Posting X
Legal Notifications X
" 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/Mineral Owners X
Utilities X
' 3 Referral List X
Referrals without comment X
Weld County Department of Building Inspection referral 12/26/02 X
Platte Valley Soil Conservation District referral 12/28/02 X
Weld RE-1 School District referral 12/3/02 X
Colorado Division of Wildlife referral 12/20/02 X
4 Referrals with comments X
Weld County Department of Public Works referral 12/19/02 X
Colorado Department of Health& Environment referral 12/10/02 X
Colorado State Cooperative Extension Service referral 12/31/02 X
Colorado Department of Health& Environment referral 3/13/03 X
I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Board of County Commissioners hearing.
(�l�l,tn/J 1n to C
Chris Gathman 4- Planner II-AICP
. 371r17-
x l �vA
2004-0502
LAND USE APPLICATION
SUMMARY SHEET
Case #: AmUSR-1276 Hearing Date: May 20, 2003
Applicant: Stromo LLC,
6600 West 20th Street, #11, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a Solid Waste
•
Disposal Site and Facility (Composting Facility) in the Agricultural Zone District
Legal Part of the Southwest Quarter, Section 26,Township 3 North, Range 65 West of the
6th Prime Meridian, Weld County, Colorado
Description:
Location: Approximately 1/2 Mile South of WCR 30 and 1 mile East of WCR 43
Parcel Size: 60.0 +/- acres Parcel #: 1213 26 000 013
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section of the Weld County Zoning
Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
< Colorado Division of Wildlife, referral received 12/20/2002
< Colorado Geological Survey, referral received 12/26/2002
< Weld County Building Inspection, referral received 12/26/2002
< Weld County Zoning Compliance, referral received
< Weld County Department of Public Works, referral received 12/26/2002
< Platte Valley Soil Conservation District, referral received 12/23/2002
< Weld County School District RE-1, referral received 12/5/2002
Agricultural Extension Service, referral received 12/31/2002
Responses has not been received from the following referral agencies:
Colorado Hazardous Materials and Waste Management Division,(Technical Review referral
not received)
< Weld County Department of Public Health and Environment
Colorado Geological Survey
Weld County Zoning Compliance
Platteville Fire Protection District z
Neres Canal
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i ' t
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Case#: AmUSR-1276 Hearing Date: May 20, 2003
Applicant: Stromo LLC,
6600 West 20th Street, #11, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for a Solid Waste
Disposal Site and Facility (Composting Facility) in the Agricultural Zone District
Legal
Description: Part of the Southwest Quarter, Section 26, Township 3 North, Range 65 West of
the 6th Prime Meridian, Weld County, Colorado
Location: Approximately 1/2 Mile South of WCR 30 and 1 mile East of WCR 43
Parcel Size: 60.0 +/- acres Parcel #: 1213 26 000 013
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE DENIED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section
23-2-260 of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has not
shown compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions
of Approval, and Development Standards ensure that there are adequate
provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County. In addition to this request for a Special Review
permit, the process for a composting facility requires the review for a Certificate
of Designation by the Colorado Department of Public Health and Environment.
The State or the County Department of Public Health and Environment have not
yet sent their recommendations of the technical review for this permit.
B. Section 23-4-380 -- Certificates of Designation for solid or hazardous waste
disposal sites and facilities as required by Colorado Revised Statutes and Code
of Colorado Regulations shall not be deemed approved until or unless a Use by
Special Review permit has been approved by the Planning Commission or Board
of County Commissioners where required by the Weld County Zoning
Ordinance. The Board shall be guided in its review of a Certificate of Designation
by state statute and regulations contained in Colorado Revised Statutes and
Code of Colorado Regulations. In addition to this request for a Special Review
permit, the process for a composting facility requires the review for a Certificate
of Designation by the Colorado Department of Public Health and Environment.
The State or the County Department of Public Health and Environment have not
yet sent their recommendations of the technical review for this permit.
The Colorado Department of Public Health and Environment and the Weld
County Department of Public Health and Environment have not completed their
recommendations and technical review of this application. The County
Attorney's office and Department of Planning Services staff relies on the
recommendations of these agencies as an essential part of their review process
and is therefore recommending denial of this application, at this time.
Should the Planning Commission approve this request, the following Conditions of Approval
and Development Standards are suggested: (Please note that the conditions in bold face type
are standard conditions from previous composting facility's Special Use Permits and are not
requirements from the State or County Departments of Public Health and Environment for this
particular permit. The Department of Planning Services reserves the right to make additions to
the Conditions of Approval and Development Standards at the Board of County Commissioner's
hearing.)
1. The attached Development Standards for the Special Review Permit shall be adopted
and placed on the Special Review Plat prior to recording the plat. The completed plat
shall be delivered to the Department of Planning Services and be ready for recording in
the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of
County Commissioners. (Department of Planning Services)
2. Prior to the Board of County Commissioners hearing:
A. The technical review shall be completed by the State and County Departments of
Public Health and Environment and received in the Department of Planning
Services.
3. Prior to recording the plat:
A. The applicant shall enter into an agreement with any oil and gas mineral owners
or lessees, to address any concerns or submit evidence that reasonable efforts
have been made to address those concerns. Documentation of such, shall be
submitted to the Department of Planning Services. (Department of Planning
Services)
B. If any work associated with this project requires the placement of dredge or fill
material, and any excavation associated with a dredged or fill project, either
temporary or permanent, in waters of the United States which may include
ephemeral, intermittent and perennial streams, lakes, ponds, or wetlands at this
site, this office should be notified by a proponent of the project for property
Department of the Army permits or changes in permit requirements pursuant to
Section 404 of the Clean Water Act. (Army Corps of Engineers)
C. Dust Abatement Plan shall be submitted to the Weld County Department of
Public Health and Environment of review and approval. Evidence of the
approved plan shall be submitted to the Department of Planning
Services.
D. A Fly Abatement Plan shall be submitted to the Weld County Department of
Public Health and Environment of review and approval. Evidence of the
approved plan shall be submitted to the Department of Planning Services.
E. An Odor Abatement Plan shall be submitted to the Weld County Department of
Public Health and Environment for review and approval. Evidence of the
approved plan shall be submitted to the Department of Planning Services.
F. The facility shall provide evidence to the Weld County Department of Planning
Services and Department of Public Health and Environment that an appropriate
financial assurance mechanism has been secured in accordance with the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 WCR
1007-2).
G. The storm water drainage pond shall be relocated to accommodate the existing
county right-of-way along the west section line. Confirmation from the
Department of Public Works verifying that the storm water drainage pond has
been relocated shall be submitted to the Department of Planning Services.
(Department of Public Works)
H. The plat shall be amended to delineate the following:
1) The applicant shall indicate on the plat the 30-feet of existing right-of-way
on the west and south section lines adjacent to the Stromo property.
(Department of Public Works)
4. Upon completion of 1., 2. and 3. above, the applicant shall submit a Mylar plat along
with all other documentation required as Conditions of Approval. The mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services Staff. The plat shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within thirty (30) days from the date of the
Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee.
5. The Department of Planning Services respectively requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf and
dgn. (Microstation); acceptable GIS formats are ArcView shapefiles, Arcinfo Coverages
and Arcinfo Export files format type is .e00. The preferred format for images is .tif
(Group 4). (Group 6 is not acceptable). The digital file may be sent to
maps@co.weld.co.us. (Department of Planning Services)
6. The Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the Special Review plat is ready to be recorded in the Office
of the Weld County Clerk and Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STROMO LLC, AKA JOHN MOSER
AMUSR-1276
1. The Site Specific Development Plan and Special Use Permit for a Solid Waste Disposal
Site and Facility (Composting Facility) in the A (Agricultural) Zone District, as indicated in
the application materials on file in the Department of Planning Services and subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code. (Department of Planning Services)
3. The hours of operation for the facility are the hours of day light except in the case of public
or private emergency or to make necessary repairs to equipment. (Department of Planning
Services)
4. The access road adjacent to the section line shall be graded and drained to provide an all-
weather access to the facility. Additional gravel shall be placed as needed. (Department of
Public Works)
5. No storm water ponds or structures shall be placed on the rights-of-way adjacent to any
section lines. (Department of Public Works)
6. Sites and facilities shall comply with the health laws, standards, rules, and regulations of
the Colorado Department of Public Health and Environment, the Water Quality Control
Commission,the Air Pollution Control Division,and all applicable local laws and ordinances.
7. If during the operational activities of this facility, information is revealed that changes the
currently held concept of the site, the Hazardous Materials and Waste Management
Division of the Colorado Department of Public Health and Environment may request
modifications to the Design and Operations Plan. In addition, regulatory changes that the
Colorado Department of Public Health and Environment may implement in the future may
also become binding and necessitate modifications to the Design and Operations Plan.
8. The facility shall comply with the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities(6 WCR 1007-2)promulgated Pursuant to the Solid Waste Act, Section 30,Article
20, Part 1, C.R.S., as amended.
9. The facility shall be operated in a manner to control fugitive dust in accordance with its
approved Dust Abatement Plan at all times. Additional dust abatement measures shall be
implemented at the request of the Weld County Department of Public Health and
Environment in the event it is determined that dust is a nuisance condition.
10. The facility shall be operated in a manner to control flies in accordance with its approved
Fly Abatement Plan. Additional fly control measures shall be implemented at the request
of the Weld County Department of Public Health and Environment in the event that flies are
in such a number to be considered a nuisance condition. The plan shall also be
implemented in the event the Weld County Department of Public Health and Environment
receives a significant number of fly complaints (associated with facility) and, in the
judgement of the Weld County Health Officer, there exists a fly condition requiring
abatement.
11. The facility shall be operated in a manner that controls odor in accordance with its approved
Odor Abatement Plan. Odors detected off site shall not equal or exceed the level of fifteen-
to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional odor abatement measures shall be implemented
at the request of the Weld County Department of Public Health and Environment in the
event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one
dilution threshold or, in the judgement of the Weld County Health Officer, there exists an
odor condition requiring abatement.
12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in 25-12-103 Colorado Revised Statutes, as amended.
13. The Special Review Permit site and facility shall be operated in compliance with any
required Air Emission Permit approved by the Air pollution Control Division of the Colorado
Department of Public Health and the Environment.
14. No permanent disposal of wastes shall be permitted at this site. Any solid waste,other than
those being actively composted, as defined in the Regulations pertaining to Solid Waste
Disposal Sites and Facilities (6 WCR 1007-2) received or generated at the site must be
removed and disposed at an approved sanitary landfill.
15. Waste materials shall be handled, stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
16. The facility shall receive and process only those materials that are described in the
submitted application materials. The Weld County Department of Public Health and
Environment,Weld County Department of Planning Services,and the Colorado Department
of Public Health and Environment shall be notified in writing of any additional materials
proposed for composting. Written approval to proceed with composting shall be obtained
from the Weld County Department of Public Health and Environment and Colorado
Department of Public Health and Environment prior to receipt of the new material.
Submitted information shall include operational procedures and storage procedures.
17. A metal sign shall be posted at the facility entrance. The sign shall be a minimum of three
feet in width and our feet in length. The sign shall state the following:
(a) Name of operation.
(b) Type of facility.
(c) Emergency phone numbers of the facility operator.
18. The facility shall comply with the approved groundwater monitoring plans.
19. Any bulk liquids or semi-solids that are stored on the site shall be stored in containers that
comply with the Underground Storage Tank and Above Ground Storage Tank Regulations
(7 WCR 1101-14) or in containers that have received the written approval of the Weld
County Department of Public Health and Environment. This is not meant to include those
liquids or semi-solids that have been incorporated into the composting process.
20. All construction shall be in compliance with Chapter 29 of the Weld County Code.
(Department of Building Inspection)
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
23. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
24. The Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from
the plans or Development Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall
be filed in the office of the Department of Planning Services.
25. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
AO)tt
MEMORANDUM
lURe
COLORADO
DATE: January 14, 2002
TO: WELD COUNTY PLANNING COMMISSION
FROM: Robert Anderson, AICP
SUBJ: AmUSR-1276 Stromo LLC. Request for Continuance AmUSR-1276 A Site
Specific Development Plan and Special Review Permit for a Solid Waste
Disposal Site and Facility (Composting Facility)
LEGAL: Part of the West Half of the Southwest Quarter, Section 26, Township 3
North, Range 65 West of the 6th Prime Meridian, Weld County, Colorado
Dear Commissioners:
The Department of Public Health and Environment has requested a continuance regarding
AmUSR-1276. The Department of Planning Services recommends that the Weld County
Planning Commission grant a date specific continuance to the hearing scheduled for
February 18, 2002 at the South Weld County Offices.
' DEPARTMENT OF PLANNING SERVICES
�����• PHONE (970) 35 3-6100, EXT.3540
FAX X (97(970) 304-6498
1555 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
November 27, 2002
Stromo, LLC
c/o Thomas Haren
AgPro Environmental Services, LLC
4311 Hwy 66, Suite 4
Longmont, CO 80504
Subject: AmUSR-1286- Request for a Site Specific Development Plan and Special Review for a Solid
Waste Disposal Site and Facility (Composting Facility) on a parcel of land described as part of
the W2 of the SW4, Section 26, T3N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for January 21, 2003, at 1:30 p.m. This meeting will
take place at the Southwest Weld County Complex, 4209 WCR 24 1/2, Longmont, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Robert Anderson
�- Planner
PLANNING COMMISSION SIGN POSTING CERTIFICATE
n
THE LAST DAY TO POST THE SIGN IS: r"lck. (O , 2003. THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- 1Z1 to.
THE SIGN WAS POSTED BY: QyM
(iLs. 5 -GAL>
NAME OF PERSON POSTING SIGN
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS ' 0 DAY OF /_144 ,'i c2DD—q.
A444.j.
301hit.iti.A• 4/11t)
NOTARY PUBLIC
MY COMMISSION EXPIRES: / q'06
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
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WIDc. FIELD CHECK ✓
COLORADO
APPLICANT: STROMO, LLC CASE#: AMUSR1276
LEGAL PT/W2 26-3-65
DESCRIPTION:
LOCATION: APPROX IA MILE SOUTH WCR 30 & 1 MILE EAST WCR 43
ZONING LAND USE
N AG N AGRICULTURAL USES &ASSOCIATED RURAL RESIDENCES
E AG E AGRICULTURAL USES &ASSOCIATED RURAL RESIDENCES
S AG S AGRICULTURAL USES &ASSOCIATED RURAL RESIDENCES
W AG W AGRICULTURAL USES &ASSOCIATED RURAL RESIDENCES
COMMENTS:
r
VERY RURAL & ISOLATED
APPROX 2 MILES EAST OF MORWAI DAIRY
ACCESS IS INTERNAL FROM PROPERTY
OWNERS ADJACENT PARCELS
NO APPARENT VIOLATIONS
APPEARS TO BE IN SUBSTANTIAL
COMPLIANCE W/CONDITIONS OF APPROVAL
AND DEVELOPMENT STANDARDS USR -1276
PLANNER: INSPECTION DATE: 12/5/02
Robert Anderson, AICP
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