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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 ]� �3f ;LL.: vbigieigNiL' .;i_'c�' I:S 2a ^y .+ g1e12R.RE Yl ht '1i1�d�JA�1�]hCd�S�I4^1�I��.I td['K=.i 1. 3I^, iTi.L�tTIIL�T;�a7GTsdIaFP.h. . AMERICAN AG • RENEWABLE FIBER 0014760 CREELFr,C4LOr{ryDG1 Pi 2a 95' ro2o fl.O.BOX 205 r4 Ft'AT 1.IJPTCr4 et) 0JC2I y � DAZE ( LCVry{). t! u +SJ4f ra/ /co 'Ito() 35 0� L,L _ rve goo --- /,Ae ld 5-toad' CA4k— II'O L476O11' !s LO 2OOO9 5 31: 610004690 iF A:21 g- FIBER i.A :.Cfi 1 ai •�-. +�:4kv�+-E °'- � �. ew s k , �.�.. � r aC ai $ r- r,t� .,d.,, stn, e�.,�."�`n '� s... '';a13 .s " bile 4k I .,t . 'ALGRass t rALbEblitTIGF ,. bl€CkAMOUNT, a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, E04-6490 (it 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 Hello