HomeMy WebLinkAbout20010587.tiff HEARING CERTIFICATION
DOCKET NO. 2001-69b
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1276
FOR A SOLID WASTE DISPOSAL SITE (COMPOSTING FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT - STROMO, LLC/JOHN MOSER
A public hearing was conducted on February 28, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 27, 2000, and duly published
November 30, 2000, in the Tri-Town Farmer and Miner, a public hearing was conducted on
December 13, 2000, to consider the request of STROMO, LLC/John Moser for a Site Specific
Development Plan and Use by Special Review Permit #1276 for a Solid Waste Disposal Site
(composting facility)in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney,
made this a matter of record. Chair Geile advised the applicant's representative, that he has the
option of continuing this matter to a date when the full board will be present. However, if he
decides to proceed today, it will require three affirmative votes, or the matter will be deemed
denied. Mr. Haren indicated he would like to proceed today.
Julie Chester, 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. She
gave a brief description of the location of the site, and stated seven referral agencies responded
in favor of the application, and the concerns expressed by HS Resources will be addressed by the
Conditions of Approval. Ms. Chester stated she spoke with Don French, HS Resources, who
indicated they had no further objections to this proceedings. She explained there is an unsigned
agreement, which was generated by HS Resources, so she is confident there will be no delays in
having that finalized. Responding to Commissioner Jerke, Mr. Morrison stated that although this
matter was continued from a date prior to the current Board, there is no conflict with proceeding
today because no testimony was allowed at the previous hearings. He further stated
Commissioner Vaad does not have to be present to initiate the motion. In response to Chair Geile,
Ms. Chester clarified she would like amend the Draft Resolution to leave in the second and third
sentences which are currently stricken from Finding #2.a, and added the applicant has a new
representative, which needs to be corrected throughout the Resolution. Responding further to
Chair Geile, Ms. Chester stated most of the manure composted at this site will come from the dairy
pc /94 ,4Z (E4 11!) 2001-0587
HEARING CERTIFICATION - STROMO, LLC/JOHN MOSER (USR #1276)
PAGE 2
which is also owned by the applicant. She explained the applicant had to show evidence that there
is a need for the facility, and since the dairy is owned by the applicant and located within one mile,
there is evidence of a need. She further stated Condition of Approval #3.B was added at the
request of the Platte Valley Soil Conservation District,which requires the applicant to contact them
and attempt to address their concerns. Ms. Chester stated Condition#3.A was added as standard
language; however, the applicant does not plan to add any structures at this time, but they can
apply for building permits on this parcel in the future. In response to Chair Geile, Trevor Jiricek,
Weld County Department of Public Health and Environment, stated Development Standard#20 is
required because the facility is designed to contain water from a 25-Year, 24-Hour storm, and new
State regulations require the retention structures be dewatered within a 15 day period in case of
another storm.
Thomas Haren, AgPro Environmental Services, represented the applicant and stated he can
address any questions or concerns. He explained the prior requests for continuance of this matter
were due to a delay in responses from the Colorado Department of Public Health and Environment.
He stated they received a letter from the State Health Department just prior to the Planning
Commission Hearing, which approves the Design and Operations Plan for the site. He stated the
Oil and Gas Agreement with HS Resources allows the applicant 30 days to remove composting
materials from any area where there is drilling and states they will not degrade any of the all-
weather accesses. Responding to Chair Geile, Mr. Haren stated the material is moved daily, so
they have no objection to relocating the materials at least 150 feet from the oil and gas site while
HS Resources is operating in the area. Mr. Haren further stated their financial assurances have
been submitted to the State, and are being processed. The will provide the necessary funds in the
event the site requires a clean up or is abandoned. Responding to Chair Geile, Mr. Haren stated
he and the applicant have reviewed and agree with the Conditions of Approval and Development
Standards, as well as the proposed changes to the Draft Resolution.
No public testimony was offered concerning this matter. Responding to Chair Geile, Don Carroll,
Department of Public Works, stated the site; is accessed from Weld County Road 30, which is a
collector status road. He stated a recent traffic count indicates there are approximately 239
vehicles per day, the road is in good condition, there is adequate sight distance from the access,
the gravel access will accommodate two-way traffic, and it will be graded and drained to provide
all-weather access.
Commissioner Masden moved to approve the request of STROMO, LLC/John Moser for a Site
Specific Development Plan and Use by Special Review Permit#1276 for a Solid Waste Disposal
Site(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, and to leave in the second and third sentences which are
currently stricken from Finding #2.a, and to change the representative from Cliff Roberts, to
Thomas Haren,AgPro Environmental Services, LLC. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
2001-0587
PL1450
HEARING CERTIFICATION - STROMO, LLC/JOHN MOSER (USR #1276)
PAGE 3
This Certification was approved on the 5th day of March 2001.
APPROVED:
BOARD OF CO NTY COMMISSIONERS
WELD
CCCOU , COLORADO
/�
ATTEST: / `*' E I ' ���/� z
77 M. J. eile, Chair
Weld County Clerk to the lio .�:f'ti; ��
Q9 EXCUSED
• • Glenn Vaad, Pro-Tern
BY: Deputy Clerk to the Bob+. ci �1 _, 4f
William H. Jerke
TAPE #2001-09 EXCUSED
D vid E. Long
DOCKET#2001-69N-�./t A '"
Robert D. Masden
2001-0587
PL1450
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1276 -JOHN MOSER
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 12/05/2000)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo to BOCC requesting continuance
(11/282000)
F. Don French E-mail re: Oil and Gas rights of HS
Resources (02/20/2001)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF FEBRUARY, 2001:
DOCKET#2000-69 - STROMO, LLC/JOHN MOSER
DOCKET#2001-11 - JERRY AND MARGARET SAMBER
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include and Zip Code)DO ET#OF HEARING ATTENDING
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