HomeMy WebLinkAbout20040501.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1276
APPLICANT: Stromo, LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the W2 of the SW4, Section 26, T3N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review for a Solid Waste
Disposal Site and Facility (Composting Facility) .
LOCATION: Approximately''A mile South of WCR 30 and 1 mile East of WCR 43.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 oft he U nited 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.
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2004-0501
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Resolution AmUSR-1276
Stromo LLC
Page 2
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 rig ht-
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 mapseco.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)
r
re\ 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.
Resolution AmUSR-1276
Stromo LLC
Page 2
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 t o e nsure t he a ctivities carried o ut o n the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
Resolution AmUSR-1276
Stromo LLC
Page 3
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.
Motion seconded by Stephen Mokray
VOTE:
For Passage Against Passage Absent
Fred Walker
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Bernard Ruesgen
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of
Weld County, Colorado, adopted on May 20, 2003.
Dated the 20'h of May, 2003.
Nb, 41)a a
Voneen Macklin
Secretary
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Bernie Ruesgen asked Don Carroll, Public Works, about the 40 foot right of way for build out. Mr. Carroll
stated that as of the 1s' of the year there have been major arterial approved in the area. Public Works is
asking to reserve an additional 40 feet for a total of 70 from center line. This will ensure room for widening.
Lauren Light indicated that at the time the road is widened Public Works will have an agreement indicating
the additional 20 foot because the plat delineates 50 feet now. Public Works agrees with this.
Bryant Gimlin asked if it will need to be on the plat. -Public Works would like to see the 70 foot delineated
on the plat. The reason for this is there is a copper screen that is buried that will encroach on the future right
of way. The proposal is to move the screen when the road is widened. This is acceptable to Public Works.
Lauren Light would like to see additional language to 2 B 3. Mr. Carroll would add the following language
to the end of the paragraph. The language would state "for a total of 70 feet from the center line/section
line."
James Rohn moved to accept the language. Stephen Mokray seconded the motion.
Stephen Mokray moved that Case USR-1425, be recommended approval along with the Development
Standards and Conditions of Approval. John Folsom seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Bryant Gimlin,-yes; Fred Walker, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; John Hutson, yes. Motion carried unanimously.
— CASE NUMBER: AmUSR-1276
APPLICANT: Stromo, LLC
— PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the W2 of the SW4, Section 26, T3N, R65W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review for a Solid Waste
Disposal Site and Facility (Composting Facility) .
LOCATION: Approximately 1/2 mile South of WCR 30 and 1 mile East of WCR 43.
Chris Gathman,Department of Planning Services presented Case USR-1416,reading the recommendation
and comments into the record. The Department of Planning Services is recommending denial of the
application along with the Conditions of Approval and Development Standards.
Bruce Fitzgerald asked Mr. Gathman about the reports from'health officials and why the application does
not continue to another Planning Commission meeting. Mr. Gathman indicated that Mr. Haren wanted to
continue on with the case. The health review is more of a technical review but there is no guarantee that
planning issues will not arise once the review is completed and recommended.
Trevor Jiricek,Weld County Health and Environment,said that they have not provided a referral to planning
department. Health Department has not proceeded on a case to Planning Commission when there was not
certificate of designation,without the State referral and the subsequent referral from.the Health Department.
The State referral is in process. They have asked for additional information from the applicant in order to
complete their review. The State has not formally made a recommendation on the application and neither
has the Health Department. Mr. Fitzgerald noted that the Health Department is relying on information from
the State before they will make their final determination. The States role is to review the proposal with the
Solid Waste Act. These contain a series of technical requirements for example the construction and how it
is maintained. Mr. Fitzgerald asked about the time line with regard to the application. Mr. Jiricek clarified
that the State has 180 days from submittal but each time they request more information it is as though the
time line starts back up again. It can be lengthened by the amount of time the applicant takes to respond. rte-
James Rohn wants to continue the application and go to the Board of County Commissioners with a t
recommendation of approval not denial. Mr. Haren will address this. The applicant has some time issues m
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for themselves. They are having a concern with the additional delay. The proposal has been continued once
before. Mr. Rohn asked what kind of cost to the delay is there. Mr. Haren indicated that it is costing the
client a potential contract with Longmont Foods for the composting turkeys. Mr. Haren added that the
application was submitted 8 months ago to the State. The came back in March with comment.The delay
is costing the client a potential contract of 40 thousand a month. It was originally applied for as a class 3.
The site is set up to compost dairy stuff but to compost turkey requires a class one permit. The turkey farm
would not have to do nothing if they were doing the composting. The applicant has added storm water,
monitoring wells that are monitored quarterly due to the requirements of the process. The issues with the
State are more like conditions not issues that need to be resolved. The application is not planning to do bio
solids. The State wanted new survey which is done. There have been several improvements especially for
the drainage and the monitoring wells. There are some details that need to be finished. Those items will
be finished and the applicant will have final approval from the State before the Board of County
Commissioners hearing. This is a zoning issue with the Planning Commission and what is being planned
is not out of line with the requirements of the county. There is not technical issues that are foreseen.
James Rohn asked what the difference of a continuance versus denial and if that would place the applicant
back to the same spot. Mr. Haren stated that if the Planning Commission was going to go with a denial a
continuance would be preferred. There would need to be 30 -45 days for publication if the applicant had
to back through the Planning Commission again. There is no reason that the issues cannot be addressed
prior to Board of County Commissioners.
Fred Walker indicated that in the Comprehensive Plan there is the intent to be supportive to agriculture. It
is the applicants choice to proceed forward. It is the Planning Commission job to look at the land use and
apply this to the application. The project can always be remanded back to Planning Commission if the Board
of County Commissioners deems the need for review of additional land use issues.
Lee Morrison added that the applicant is aware that if the States recommendation comes back with a
r. substantial change and the County Commissioners thought it required more input on the Planning
Commission part it would come back. There is always the possibility, it is up to the staff and applicant do
determine the best way to proceed. This would be the worse case scenario for the applicant.
Trevor Jiricek added that there have been no complaints and it is inspected on quarterly basis. The
application is in compliance with the rules of the current USR,the infrastructure will not change. It is already
in place and will no change besides some minor constructions. The only issue is the waste issue from the
State and physical changes down the road if the applicant agrees to take a different waste product. The
State will come back eventually with conditions from them.
Mr. Haren stated that he expects no surprises from State or he would not take the risk by having the project
heard.
John Folsom asked if State comments have been done. Mr.Haren said that all conditions are not formalized
in writing. The biggest issue from the State was the survey and this is done. They have also required
improvements to the drainage,this will be done as the compost site is leveled. Mr. Folsom asked about the
monitoring wells. Mr. Haren indicated that they wanted boring logs from the monitoring wells. Mr. Haren
does not expect major surprises.
Tom Haren requests that an additional standard be added that indicates the applicant will have a signed
agreement with the State before the Board of County Commissioners.
Bernie Ruesgen asked how many turkeys. Mr. Haren indicated that it could be 10 million pounds annually.
The applicant will be limited by regulations in the application for the amount of material. The mortality is
from the barns. Mr. Ruesgen asked if the applicant was going to accept any other livestock. Mr. Haren
stated that they will accept other material as long as they stay within the cubic yard regulations. Mr.Ruesgen
asked what the possible additional volume they could handle with the mortality of the turkeys being foremost.
Mr. Haren indicated that the primary issue for the class 3 is to work with Longmont Foods. The turkeys will
be transported in a covered semi tractor.
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James Rohn asked about the finish product and where go. Mr. Haren indicated that the compost and dairy
gets sold. There will be limitations on mortality compost,which is required to stay. Some will end upon the
farm ground. Mr. Rohn asked about accepting sludge, bio solids. Mr. Haren said class one covers some
bio solids. The application to the State did not include this. There are some tests on site for mortality.
Bernie Ruesgen asked about a truck washout on site. Mr.Haren said that there is a plan to have a washout
for the trucks in the northwest corner. The inside of the trailers will be washed. Mr. Ruesgen asked about
the lagoons and where come from. Mr. Haren indicated it was storm water run off and was tested.
Bernie Ruesgen asked about the mortality compost and the increase nuisance level. What quantity will be
on hand and how long on site before compost. Mr. Haren indicated that was a State response and it states
that anything other than manure must be incorporated at the time of receipt.
James Rohn asked how far closest neighbor is. Mr. Haren indicated it was approximately'A to 3/4 mile
away. There have been no complaints on the facility.
Fred Walker asked how it was to be delivered. Mr. Haren indicated that it would be one or two trucks. The
internal road will have a dust abatement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
James Rohn moved to add 2B Condition of Approval that states "the applicant shall have a signed
agreement with the State prior to the Board of County Commissioners hearing."
Bryant Gimlin indicated that 2A already states the condition.
James Rohn moved that Case AmUSR-1276, be forwarded to the Board of County Commissioners along
with the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Stephen Mokray seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Stephan Mokray, yes; Bryant Gimlin, yes; Fred Walker, yes; Bruce Fitzgerald, yes; James
Rohn, yes; Bernie Ruesgen, yes; John Hutson, yes. Motion carried unanimously.
— CASE NUMBER: AmUSR-1031
APPLICANT: Green Mill Sportsman Club
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: N2 SW4 Section 20, TIN, R68W of the 6th P.M.,Weld County, Colorado.
REQUEST: Site Specific Development Plan and a Special Review Permit for a
Shooting Range in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to WCR 3; 1/4 mile North of Garfield Road.
Sheri Lockman, Department of Planning Services presented Case AmUSR-1031, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
denial of the application,Weld County Environmental Health Services indicated several concerns.The first
concem was related to the need for potable water.The application materials state that potable water is not
needed. Environmental health has recommended that the site be serviced by a public water system because
of the numerous people using the site and the close proximity to a community water system.The department
believes a permanent water supply is important because hand washing is the single most important step to
help stop the spread of disease and in this case,inadvertent lead poisoning. The second concern stated by
Environmental health was that the application did not address the negative environmental and health effects
associated with the use of lead shot and bullets at outdoor shooting ranges. The concerns stated by
Environmental Health have been addressed in the Development Standards and Conditions of Approval.
Staff has also taken the Town of Eries request into consideration.The Town has consistently been concerned
about the area around the site changing to urban uses.In fact during the review of the original USR the Town
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