HomeMy WebLinkAbout20010576.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs 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:
PLANNER: Julie A. Chester
CASE NUMBER: USR-1276
APPLICANT: Stromo LLC, AKA John Moser
ADDRESS: 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 SW4 of Section 26, T3N, R65W of the 6th P.M., Weld County,
Colorado
LOCATION: South of WCR 30, approximately 1 3/4 miles west of WCR 49
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinances in effect. A.Policy 1 states that agricultural zoning
is established to protect and promote the county's agricultural industry. A.Policy 2
encourages agricultural businesses and industries to locate in areas that minimize the
removal of prime agricultural land from production. Soils on the Special Review permit site
are classified as "other lands" by the U.S.D.A. Soil Conservation Service. The location of
the Special Review Permit area and the attached Conditions of Approval and Development
Standards make the proposed use consistent with Chapter22's Agricultural, Environmental
Quality and Natural Resources Goals and Policies.
b. Section 23-2-220.A.2--Section 23-3-40.B.12 of the Weld County Code provides for animal
waste recycling or processing facilities subject to the additional requirements of Section 23-
4-380, Solid Waste Sites and Facilities or Hazardous Waste Disposal Sites, as a Use by
Special Review. This proposal is consistent with the intent of the A (Agricultural) Zone
District. This composting facility will provide a mechanism for disposal of manure from a
large dairy in the area.
c. Section 23-2-220.A.3--The proposal is compatible with the existing surrounding land uses
and with the future development of the surrounding area as permitted by the existing county
zoning and Chapter 22 of the Weld County Code. The surrounding land uses are primarily
agricultural,with pasture lands and farmed fields. There are few residences in the vicinity
and the applicant owns a large amount of acreage surrounding this site.
2001-0576
RESOLUTION, USR-1276
Stromo LLC, AKA John Moser
Page 2
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. There are no municipalities within a three mile radius of the subject property
and the use will be compatible as stated previously.
e. Section 23-2-220.A.5--The application complies with Article V of the Weld County
Code. This property is not located within any Overlay District.
f. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The property is considered
"other lands"by the U.S.D.A.,therefore no prime farmground will be taken out of production.
g. 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.
h. 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 and the Board of County Commissioners where
required by Chapter 23 of the Weld County Code. 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.
A Certificate of Designation will not be required for this facility.
Applicants for activities reviewed pursuant to Section 23-4-380 for any Solid Waste sites
and facilities shall have the burden of proof to demonstrate that there is a need for the
facility within the proposed area of service, and the Planning Commission and Board shall
be satisfied that a need exists as part of the determinations for any such permit. The
applicant has a Special Review Permit(USR-1201)for a 6000 head dairy,which is located
approximately one mile west of this proposed composting facility. The location is ideal due
to the close proximity to the dairy and the fact that the soils are not prime.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
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:
RESOLUTION, USR-1276
Stromo LLC, AKA John Moser
Page 3
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)
3. Prior to recording the plat:
A. 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)
B. The applicant shall attempt to address the requirements of the Platte Valley Soil
Conservation District, as stated in the referral response received October 26, 2000.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Platte Valley Soil Conservation District)
C. The facility shall provide evidence to the Weld County Planning and Health Departments
that an appropriate financial assurance mechanism has been secured in accordance with
the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2).
(Department of Public Health and Environment)
D. The facility shall demonstrate that the stormwater system and retention pond liner were
constructed in accordance with the materials provided in the facility's Design and
Operations Plan. The Plan was received by the Departments of Planning Services and
Public Health and Environment on February 6,2001. At a minimum,the facility shall submit
as-built drawings of the drainage and collection features and a report describing the
seepage rate of any retention structure. Evidence shall be submitted for review and
approval to both the Weld County Department of Public Health and Environment and the
Colorado Department of Public Health and Environment. The applicant shall also provide
the proposed seepage rate testing schedule, to both Departments, prior to conducting
seepage rate Department of Public Health and Environment testing on the retention pond
liner. (Department of Public Health and Environment)
E. Financial assurance requirements shall be satisfied prior to acceptance of material.
(Colorado Department of Public Health and Environment)
4. Prior to the issuance of building permits:
A. Building permits are required before any buildings or structures, are built, remodeled,
moved, or demolished. Building permits shall be obtained before any excavation.
(Department of Building Inspections)
B. Separate building permits are required for all signs. Engineering may be required.
(Department of Building Inspections)
C. Electrical permits shall be obtained for all electrical work. For instance, electrical permits
are needed for any site lighting or any irrigation systems. (Department of Building
Inspections)
RESOLUTION, USR-1276
Stromo LLC, AKA John Moser
Page 4
D. All buildings shall be engineered. Engineered foundations shall be based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado licensed engineer.
Any fill material shall contain no rock or similar irreducible material with a maximum
dimension greater than 12 inches. All fills shall be compacted to a minimum of 90 percent
of maximum density. Engineering reports shall be supplied for all fill material. (Department
of Building Inspections)
E. The allowable floor areas of buildings shall be limited by Section 504 of the 1997 Uniform
Building Code (UBC). (Department of Building Inspections)
F. All buildings shall maintain distances from property lines and adjacent buildings as outlined
in Section 503 and Table 5-A of the UBC. (Department of Building Inspections)
G. Fire protection systems shall be installed as required in Chapter 9 of the UBC. (Department
of Building Inspections)
H. Any building or areas containing hazardous materials or gases shall be constructed
according to the guidelines set forth in the UBC and the 1999 National Electrical Code
(NEC)for those specific areas. (Department of Building Inspections)
I. The design and construction of accessible buildings and building elements shall be in
accordance with Chapter 11 and Appendix Chapter 11 of the UBC. (Department of Building
Inspections)
J. All building and site development shall be reviewed by the Keenesburg Fire Protection
District. (Department of Building Inspections)
K. Additional requirements and changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department or the Keenesburg Fire
Protection District. (Department of Building Inspections)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Cristie Nicklas
Michael Miller
Jack Epple
Arlan Marrs
Bryant Gimlin
John Folsom
Fred Walker
Stephen Mokray
Cathy Clamp
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.
RESOLUTION, USR-1276
Stromo LLC, AKA John Moser
Page 5
CERTIFICATION OF COPY
I, Trisha Swanson, 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 February 20, 2001.
Dated the 20' of February, 2001.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STROMO LLC, AKA JOHN MOSER
USR-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. All construction shall be in compliance with Chapter 29 of the Weld County Code. (Department of
Building Inspections)
5. The facility shall comply with the Regulations Pertaining to Solid Waste Disposal Sites and Facilities
(6 CCR 1007-2) Regulations promulgated Pursuant to the Solid Waste Act, Section 30, Article 20,
Part 1, C.R.S., as amended. (Department of Public Health and Environment)
6. The facility shall operate in accordance with the submitted Design and Operations Plan. The Plan
was received into the Weld County Departments of Planning Services and Public Health and
Environment on February 6, 2001. (Department of Public Health and Environment)
7. The facility shall be operated in a manner that controls fugitive dust. The facility shall operate in
accordance with the Management Plan for Nuisance Control provided in the facility's Design and
Operations Plan. 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
from the facility is creating a nuisance condition. (Department of Public Health and Environment)
8. The facility shall operated in a manner that controls flies. The facility shall operate in accordance
with the Management Plan for Nuisance Control provided in the facility's Design and Operations
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. (Department of Public Health and Environment)
9. The facility shall be operated in a manner that controls odor. The facility shall operate in
accordance with the Management Plan for Nuisance Control provided in the facility's Design and
Operations 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
Health Department 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. (Department of Public Health and Environment)
10. The 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. (Department of Public Health and
Environment)
11. The Special Review Permit site and facility shall be operated in compliance with any required Air
Emission Permit issued to the facility by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment. (Department of Public Health and Environment)
12. No permanent disposal of wastes shall be permitted at this site. Any solid waste as defined in the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) received or
generated at the site must be removed and disposed of at an approved sanitary landfill.
(Department of Public Health and Environment)
13. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
14. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
15. The facility shall receive and process only those materials that are described in the facility's Design
and Operations Plan. 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. (Department of Public Health and Environment)
16. A metal sign shall be posted at the facility entrance. The sign shall be a minimum of three feet in
width and four 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. (Department of Public Health and
Environment)
18. An individual sewage disposal system is required for any future structure that would require a septic
system and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. A vault system shall be acceptable. If a vault is installed, pumping records shall be
kept for review. A portable toilet facility shall be provided and maintained on site until such time as
a permanent Individual Sewage Disposal System is installed. (Department of Public Health and
Environment)
19. The facility shall maintain the stormwater collection system. (Department of Public Health and
Environment)
20. The facility shall comply with the groundwater monitoring plan provided in the facility's Design and
Operations Plan. All groundwater monitoring reports shall be submitted to the Weld County
Department of Public Health and Environment and the Colorado Department of Public Health and
Environment. The first report shall include at a minimum the following: well installation and
completion logs, potentiometric groundwater elevation map, and groundwater quality data.
(Department of Public Health and Environment)
21. The facility shall have adequate equipment to dewater each retention structure. Each retention
structure shall be dewatered to a level that restores the full runoff storage capacity within the 15-day
period following each storm event. (Department of Public Health and Environment)
22. All raw, uncomposted material stockpiles shall be placed in windrows within 72 hours upon receipt
at the facility. This is not meant to include the temporary stockpiling of finished compost. In the
event processing units,other than windrows,are to be incorporated at the site,a detailed description
of the unit and processing requirements shall be provided to the Weld County Department of Public
Health and Environment for review and approval. The description shall include literature and other
examples that demonstrate the unit is an effective composting process. (Department of Public
Health and Environment)
23. This facility 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. (Department of Public
Health and Environment)
24, The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
27. 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.
28. 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.
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