HomeMy WebLinkAbout20010577.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant STROMO LLC, AKA John Moser Case Number USR-1276
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Staff Comments X
3 Memos regarding continuance of case(3 total) X
4 Field check by Planning Commissioner X
5 Letter to Applicant X
6 Resolution from BCC regarding continuance X
7 Memo requesting pre-advertisement of case X
8 Letter from applicant requesting pre-advertisement w/copy of X
check
9 May 24, 2000 letter to applicant X
10 Legal Notifications (2 pages) X
11 Application (88 pages) X
12 Referral list X
13 Colorado Division of Wildlife, referral received 10/25/00 X
14 Colorado Dept. of Public Health & Environment, referral received X
02/16/01
15 Weld County Dept. of Public Health & Environment, referral X
received 02/13/01
16 Colorado Geologic Survey, referral received 11/15/00 X
17 Weld County Building Inspection, referral received 11/03/00 X
18 Weld County Code Compliance, referral received 11/01/00 X
19 Weld County Public Works, referral received 10/31/00 (3 pages) X
20 Platte Valley Soil Conservation, referral received 10/26/00 (2 X
pages)
21 Initial letter from Colorado Dept. of Public Health & Environment, X
received at Weld County Dept. of Public Health & Environment
09/29/00 (2 pages)
22 Complaint form from Weld County Dept. of Public Health & X
Environment dated August 23, 2000
23 8 1/z"X 11" maps (9 pages) X
2001-0577
24 Certificate of Conveyance, Deeds and Right-of-way grant(30 X
pages)
25 Letter from HS Resources dated 12/14/00 X
26 Surrounding Property Owners (7 pages) X
27 Soil Survey(4 pages) X
28 Photo of Sign Posting X
29 X
30 X
31 X
32 X
33 X
34 X
35 X
28 Items submitted at planning commission
I hereby certify that the 28 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
I/44/ rd()>CE
Julie A. Chester* Planner III
LAND USE APPLICATION
WRDc SUMMARY SHEET
COLORADO
Case Number: USR-1276 Hearing Date: February 20, 2001
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
Size of Parcel: +/- 60 acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld
County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Colorado Division of Wildlife, referral received October 25, 2000
• Colorado Geological Survey, referral received November 15, 2000
• Weld County Building Inspection, referral received November 3, 2000
• Weld County Zoning Compliance, referral received November 1, 2000
• Weld County Department of Public Works, referral received October 31, 2000
• Platte Valley Soil Conservation District, referral received October 26, 2000
• Colorado Hazardous Materials and Waste Management Division, September 21, 2000,
(Technical Review referral not received)
• Weld County Dept. of Public Health and Environment, referral received February 13, 2001
Stromo LLC,(Moser),USR-1276 Page I $b EXHIBIT
D O�
SPECIAL REVIEW PERMIT
'4M
(fv ADMINISTRATIVE REVIEW
COLORADO
CASE NUMBER: USR-1276 HEARING DATE: February 20, 2001
APPLICANT: Stromo LLC, AKA John Moser PLANNER: Julie A. Chester
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
SIZE OF PARCEL: +/- 60 acres PARCEL NUMBER: 1213-26-000013
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST BE APPROVED 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 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 Chapter 22's Agricultural, Environmental Quality and Natural
Resources Goals and Policies.
b. Section 23-2-220.A.2--Section 23-3-40.6.12 of the Weld County Code provides for
animal waste recycling or processing facilities subject to the additional requirements
Stromo LLC,(Moser),USR-1276 Page 2
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.
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 Chapter 22 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. The State or the County
Department of Public Health and Environment have not yet sent their
recommendations of the technical review for this permit, however, preliminary
conversations with those agencies have indicated a Certificate of Designation will
probably not be required for this facility.
Stromo LLC,(Moser),USR-1276 Page 3
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 Department of Planning Services' staff 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:
A. The technical review shall be completed by the State Department of Public I lealth
and Environment and received in the Department of Planning - Services.
(Department of Planning Cervices)
B. 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)
Stromo LLC,(Moser),USR-1276 Page 4
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)
The section of the haul road adjacent to the adjacent cattle feeding operation
shall require additional gravel and dust control prior to entering the compost
facility. ( Department of Public Works)
F. 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)
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)
Stromo LLC,(Moser),USR-1276 Page 5
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)
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)
Stromo LLC,(Moser),USR-1276 Page 6
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)
4,
Dust control shall be maintained year around adjacent to the feeding operation. The
access road to the compost facility shall be graded and drained to provide an all-
weather access, with additional gravel placed as needed. (Department of Public
Works)
6. 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)
7. 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)
8. 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)
9. 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)
Stromo LLC,(Moser),USR-1276 Page 7
10. 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)
11. 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)
12. 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)
13. 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)
14. 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)
15. 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)
16. 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)
17. 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
Stromo LLC,(Moser),USR-1276 Page 8
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.
Stromo LLC,(Moser),USR-I276 Page 9
DEPARTMENT OF PLANNING SERVICES
Cl(4? PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
Ci
COLORADO
May 24, 2000
Chemical Applications & Engineering, Inc.
do L.C. Roberts
PO Box 1335
Lyons, CO 80540
Subject: USR-1276- Request for a Site Specific Development Plan and Special Review Permit for a Solid
Waste Disposal Site and Facility(Composting Facility)on a parcel of land described as Part of the
SW4 of Section 26, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Roberts:
Your application and related materials for the request described above are being processed. Our office has
forwarded a copy of the submitted materials to the Colorado State Department of Public Health and
Environment for its review and comments. After their review of the application, the remaining packets will
be sent to referral agencies and a hearing will be set for the Planning Commission
If you have any questions concerning this matter, please contact me at the above address or telephone
number.
Respecttf�ullllly�,CJulie Chester
Planner
EXHIBIT
9
4 ( MEMORANDUM
W I TO: Planning Commissioners and Board of County Commissioners
O 1,
COLORADO FROM: Julie A. Chester, Lead Planner
I J
SUBJECT: Continuance of USR-1278-for STROMO LLC
DATE: November 28, 2000
The Department of Planning Services is requesting a continuance of Site Specific Development
Plan and Special Review Permit for a Solid Waste Disposal Site and Facility(Class III, Composting
Facility), case number USR-1276 for the following reasons:
• The Department of Planning Services has not received a referral from the Colorado or the
Weld County Departments of Public Health and Environment. These referrals are
essential, as a majority of the Conditions of Approval and Development Standards are
derived from these referrals. The Colorado Department of Public Health and Environment
sent a letter to John Moser on September 21,2000, requesting ten specific items necessary
to complete the technical review of the application. It is stated in the letter that the technical
review cannot be completed until a written response to each of the ten items is received by
the Department. To date, the referral for the technical review has not been received by the
Department of Planning Services. It is the opinion of the Weld County Departments of
Public Health and Environment and Planning Services, as well as the County Attorney's
Office, that this technical review is required prior to proceeding with the Planning
Commission's or Board of County Commissioner's hearings.
• The Department of Planning Services'staff is unable to give an adequate recommendation
to the Planning Commission without the above mentioned referrals.
• The applicant is in agreement with a continuance of the Planning Commission hearing to
December 19, 2000. The applicant did request a pre-advertisement for the Board of
County Commissioner's hearing and would be agreeable to a continuance of the Board
hearing, at the convenience of the Board.
Thank you for your consideration in this matter.
SERVICE,TEAMWORK INTEGRITY,QUALITY EXHIBIT
3
71re1 MEMORANDUM
Wine TO:FROM: Julie ng Commission
COLORADO l e A. Chester, Lead Plann
SUBJECT: Continuance for STROMO, USR-1276
The Department of Planning Services' staff is recommending a further continuance of the above
referenced case to the January 2, 2001 Planning Commission hearing date. The applicant has
indicated that information needs to be provided to the Colorado Department of Public Health and
Environment, prior to the State completing their final technical review. The State has not submitted
any new referral at this time. Staff is not anticipating any further continuances.
Thank you for your consideration in this matter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
MEMORANDUM
TO: Planning Commissioners ^'
We COLORADO FROM: Julie A. Chester, Lead Plann
SUBJECT: Continuance of USR-1276 for STROMO LLC
DATE: January 30, 2001
The Department of Planning Services is requesting a continuance of Site Specific Development
Plan and Special Review Permit for a Solid Waste Disposal Site and Facility(Class III, Composting
Facility), case number USR-1276 for the following reasons:
The Department of Planning Services has not received a referral from the Colorado or the
Weld County Departments of Public Health and Environment. These referrals are
essential, as a majority of the Conditions of Approval and Development Standards are
derived from these referrals. To date, the referral for the technical review has not been
received by the Department of Planning Services. It is the opinion of the Weld County
Departments of Public Health and Environment and Planning Services, as well as the
County Attorney's Office, that this technical review is required prior to proceeding with the
Planning Commission's or Board of County Commissioner's hearings.
The Department of Planning Services' staff is unable to give an adequate recommendation
to the Planning Commission without the above mentioned referrals.
The applicant is in agreement with a continuance of the Planning Commission hearing to
February 20, 2001.
Thank you for your consideration in this matter.
SERVICE,TEAMWORK.INTEGRITY.QUALITY
', laid County Planning Dept.
IAN 04 2001 '((
RECEIVED
RESOLUTION
RE: ACTION OF BOARD CONCERNING USE BY SPECIAL REVIEW#1276 FOR A SOLID
WASTE DISPOSAL SITE (COMPOSTING FACILITY) IN THE A(AGRICULTURAL)
ZONE DISTRICT - JOHN MOSER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with 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 for John Moser, 6600 West 20th Street#11, Greeley, Colorado
80634, and
WHEREAS, a hearing before the Board was held on the 13th day of December, 2000, at
which time the Board deemed it advisable to continue said matter to allow adequate time for
completion of the technical review from the Colorado Department of Public Health and
Environment..
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Ccicrado, that the abovementioned matter be, and hereby is, continued to
January 17, 2001 . at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following :e on the 13th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WE .D COUNTY, COLORADO
ATTEST: 4,44/ !4JC \ 4L //arbara J. lkirkmeyer,-Chair
Weld County Clerk tot B
Co.J
XL/M. J. G ile, Pro-Tem
BY: Lv:i . �1i�i ,'%� . t /'
Deputy Clerk to the ? �cu t e fc,
eorge E Baxter
APP ED AS TO/FORM:
>11
/a7-7
a . Hall
my Attorney 411+/�
Glenn Vaad EXHIBIT
to
pC ID/ Pip (EAPIOser)
2000-3167
PL1450
HEARING CERTIFICATION
DOCKET NO. 2000-69
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 -JOHN MOSER
A public hearing was conducted on December 13, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Pam Smith
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 South Weld Sun, a public hearing was conducted to consider the
request of 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. Julie Chester, Department of
Planning Services, stated staff is recommending continuation of this matter to January 17, 2001,
because the State Department of Public Health and Environment has not completed its technical
review,and the Planning Commission Hearing has been rescheduled to January 2, 2001, pending
said review. She explained this hearing was scheduled through the pre-advertising process, so
it was not known the review would not be completed.
Tom Haren,AgPro Environmental Services, represented the applicant and stated Mr. Moser agrees
with the continuance to January 17, 2001.
No public testimony was offered concerning this matter.
Commissioner Geile moved to continue the request of 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 to January 17, 2001, at 10:00 a.m. The motion was seconded
by Commissioner Baxter, and it carried unanimously.
2000-3166
Pe : f i, A'L (EP) Pa) lie, 0-1166
HEARING CERTIFICATION - JOHN MOSER (USR#1276)
PAGE 2
This Certification was approved on the 18th day of December 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
ATTEST: / JA A
arbara J. irkmeyer, C air
Weld County Clerk to i.•- B a r,�ayry
'277 Ei.Ct,
i i , j, �i�►►` I M. J. le, Pro-Tem
BY:
Deputy Clerk to the /)/f , -e
eorg Baxter
TAPE #2000-36
Dale K.
Hall
DOCKET#2000-69 A zi AAA
Glenn Vaad r
2000-3166
PL1450
',Veld County Planning Dept.
0 2001
RESOLUTION
. E '_ E VED
RE: ACTION OF BOARD CONCERNING USE BY SPECIAL REVIEW #1276 FOR A SOLID
WASTE DISPOSAL SITE (COMPOSTING FACILITY) IN THE A (AGRICULTURAL)
ZONE DISTRICT - JOHN MOSER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with 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 for John Moser, 6600 West 20th Street#11, Greeley, Colorado
80634, and
WHEREAS, a hearing before the Board was held on the 13th day of December, 2000, at
which time the Board deemed it advisable to continue said matter to January 17, 2001, to allow
adequate time for completion of the technical review from the Colorado Department of Public
Health and Environment.
WHEREAS, at said hearing on January 17, 2001, the Board was advised by staff that
the Colorado Department of Public Health and Environment is still conducting the technical
review; the Planning Commission continued this matter to February 5, 2001; and staff
recommends the Board continue it to February 28, 2001.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to
February 28, 2001, at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of January, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 1��, _ BD ! I t J��p� EXCUSED DATE OF SIGNING (AYE)
/ ►may _ �V M. J. Geile, Chair
Weld County Clerk to t B tt� `/a f .
Glenn Vaad;-Pro-Tem
BY:
Deputy Clerk to the�, � t`/ c _/we
- - m H. Jerke
/APPROVED AS TO/FORM: QJ
avid E. Lon \,Ne
ounty Attorney
Robert D. Masden
2001-0175
joe ; 1/4,5-e r /27 /2k� C`'/7, /a/t 2_ PL1450
HEARING CERTIFICATION
DOCKET NO. 2001-69a
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 -JOHN MOSER
A public hearing was conducted on January 17, 2001, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Health Department representative, Pam Smith
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, 2001, in the South Weld Sun, a public hearing was conducted on December 13,
2000, to consider the request of 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. At said hearing, the Board deemed it advisable to continue said
matter to January 17, 2001, to allow adequate time for the completion of the technical review from
the Colorado Department of Public Health and Environment. Lee Morrison, Assistant County
Attorney, made this a matter of record. 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 stated the Planning Commission continued this matter
to February 5, 2001, and explained the applicant has hired a new consultant to process the
application. Ms. Chester said the State Department of Pubic Health and Environment will complete
the technical review by the end of this week; therefore, a continuance to February 28, 2001, at
10:00 a.m. is recommended. Commissioner Vaad stated he will not be present that date, and Ms.
Chester indicated the applicant was informed of that absence and stated they would like to go
forward at that time.
No public testimony was offered concerning this matter.
Commissioner Long moved to continue the request of 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, to February 28, 2001, at 10:00 a.m. The motion was
seconded by Commissioner Vaad, and it carried unanimously.
7,71
/0L ) L i4/ 2001-0176
PL1450
HEARING CERTIFICATION - JOHN MOSER (USR#1276)
PAGE 2
This Certification was approved on the 22nd day of January 2001.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:/� �J /J / : pia EXCUSED DATE OF APPROVAL
`� M. J. Geile, Chhir
Weld County Clerk to t B.: /
]861 (;- :� / 4
Glenn Vaad,-fro-i'em
BY:
Deputy Clerk to the :�:��%U Je r G,yam Willi rke
TAPE #2001-03
vid E Lon
DOCKET#2001-69 N-- \\\\
Robert D. Masden
2001-0176
PL1450
MEMORANDUM
TO: Board of County Commissioners
O ki
COLORADO FROM: Julie A. Chester, Lead Pianner
SUBJECT: Pre-advertisement of USR-t 76
The Department of Planning Services' staff received a request from Stromo, LLC, John Moser, by
their representative,Cliff Roberts,for a pre-advertisement of the above referenced case. This case
is scheduled before the Planning Commission on December 5,2000 and the applicant is requesting
the case be heard by the Board of County Commissioners as soon as possible after the Planning
Commission hearing for the reasons outlined in their letter dated October 6, 2000. The Department
of Planning Services' staff recommends approval of the pre-advertisement.
Thank you for your consideration in this matter.
EXHIBIT
SERVICE,TEAMWORK,INTEGRITY,QUALITY
as
CHEMICAL APPLICATIONS & ENGINEERING, INC.
P.O. Box 1335,Lyons, CO 80540
CAE
October 61/2Eib&ounty Planning Dept.
Ms. Julie Chester JC 1 2000
Senior Planner
Weld County Planning Department E E ' 1/1555 N. 17th Avenue
ED
Greeley, Colorado 80631
Re: Request for Preadvertised USR Permit Application
Subject: STROMO, LLC Compost facility
W/4SW/section 26, T3N, R65W, 6th P.M.
Weld County, Colorado
Dear Julie,
On behalf of my client, Mr. John Moser and STROMO, LLC, I would request that the existing
USR application for a Compost Facility be pre-advertised for public comment for the following
reasons;
1) If the review and hearing process can be expedited, and the USR application is
subsequently approved, the applicant will be able to implement the necessary earth work
and containment construction at the proposed site before the winter frost begins to build in
the soil thus making earth work difficult if not impossible.
2) The sooner the USR for the proposed site is approved, the sooner the existing
non-permitted composting operation can be eliminated as well as the complaints
associated with the existing compost site.
3) With the exception of the surface owner adjacent and directly to the south of the proposed
site, all of the surrounding surface area is owned by the applicant. Therefore, the impact of
the proposed facility will be minimal on surrounding properties.
I understand that there is a $35.00 fee required to accompany a pre-advertising request. That
fee is enclosed in the form of a check. Thankyou for your consideration of our request and
please give me a call if you have any questions regarding this request.
Yours Truly,
.
L.C. "Cliff' Roberts, ASCE
Civil/Environmental Engineer
PC: Mr. John Moser
Mr. Tim Smith
Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-9091 EXHIBIT
Serving Industry with Enviromental Soulutions Since 1982 ]�
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PHONE (970) 353-6100, E04-6490
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FAX 17T 304-6 UE
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
VII C.
COLORADO
October 11, 2000
Chemical Applications & Engineering, Inc.
do L.C. Roberts
PO Box 1335
Lyons, CO 80540
Subject: USR-1276- Request for a Site Specific Development Plan and Special Review Permit for a Solid
Waste Disposal Site and Facility(Composting Facility)on a parcel of land described as Part of the
SW4 of Section 26, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Roberts:
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 December 5,2000, at 1:30 p.m. This meeting will
take place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
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.
Respectf ly,
//tic; Cki
Julie Chester
Planner
EXHIBIT
ES CASE NO. �r .r;bi'Iti :. (,0 6_ACIIEB
NAME ' ,rvV I N. r n.�.L.11"M�
tr. _ -.
REQUEST lit A PUBLIC HEARING CONCERNING TNIB
N111 PROPERTY WILL BE HELD AT 915-10111
Np1, STREET,GREELEY,COLORADO SO631.
i ON b.....w.�ti IR.k...AT
INE FOR MORE INFORMATION CALLnTHE
a y WELD COUNTY DEPT.OF PUNNING
Sp. SERVICES AT 356-4000.
A 'il i .,
et
it
17 .l- ;c,c
Ai _
AT :
CASE NO. , , -ACRES
NAME _
REQUEST -
A PUBLIC HEARING CONCERNING THIS
PROPERTY WILL BE HELD AT 1555 NORTH
y 17thAVE.,GREELEY, COLORADO 80631,
r ON_ -.. . .20:_ AT. _. :._ - :
r FOR MORE INFORMATION CALL THE
AWELD COUNTY DEPT.OF PLANNING
SERVICES AT (970)353-6100 EXT.3540.
Biwa c
J
"y = EXHIBIT
O
zr
FIELD CHECK
FILING NUMBER: USR-1276 DATE OF INSPECTION: 7"`i/ ,O/o
APPLICANTS NAME: STROMO LLC, John Moser
PLANNER: Julie Chester
REQUEST: Site Specific Development Plan and Special Review Permit for a Solid Waste Disposal Site and
Facility(Composting Facility).
LEGAL DESCRIPTION: Part of the SW4 of Section 26,Township 3 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of WCR 30, approximately 1 3/4 miles west of WCR 49.
LAND USE:
N vG'Lrib�ft7F� fI L2) "2-/C)L?SzE
E
S fs'/3Nrs 0 .9 A/25 S� �• b�'
W 70: y co)s'47
ZONING: N A(Agricultural)
E A (Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
z/2A,/ L./9 ,r:> iv"--7A7rYLl!0 sj
f/o3T DA7 219,47-
2)2 2 rr-" STi1r2 C72-/ ? s ow ,r,PGse7r'ie
fJV.r. 727 .7-/-',A2 z> ( �/. j f C a
P.C. Member
EXHIBIT
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