HomeMy WebLinkAbout20010575.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1276 FOR A SOLID WASTE DISPOSAL SITE (COMPOSTING FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT - STROMO, LLC/JOHN MOSER
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 of County Commissioners held a public hearing on the 28th day
of February, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of STROMO, LLC/John Moser, c/o Thomas Haren, AgPro
Environmental Services, LLC, 4311 Highway 66, Suite 4, Longmont, Colorado 80504, 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 on the following described
real estate, to-wit:
Part of the SW 1/4 of Section 26, Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect.
A.Policy 1 indicates 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 Use by
Special Review permit site are classified as "other lands" by the U.S.D.A.
Soil Conservation Service. The location of the Use by Special Review
Permit area and the attached/f Conditions of Approval and Development
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Z in) 2001-0575
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SPECIAL REVIEW PERMIT #1276 - STROMO, LLC/JOHN MOSER
PAGE 2
Standards make the proposed use consistent with the Agricultural,
Environmental Quality and Natural Resources Goals and Policies listed in
Chapter 22 of the Weld County Code.
b. Section 23-2-230.6.2 - Section 23-3-40.6.12 of the Weld County Code
provides for animal waste recycling or processing facilities subject to the
additional requirements 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 23-2-230.6.3 —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 a few
residences in the vicinity and the applicant owns a large amount of
acreage surrounding this site.
d. Section 23-2-230.6.4—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 23-2-230.6.5—The application complies with Article V of the
Weld County Code. This property is not located within any Overlay
District.
f. Section 23-2-230.6.6 —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 23-2-230.6.7 —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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
h. Section 23-4-380 --A Certificate of Designation will not be required for
this facility. Nevertheless, the applicant has met the burden of proof for
any Solid Waste sites and facilities demonstrating that there is a need for
the facility within the proposed area of service, and the Planning
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SPECIAL REVIEW PERMIT#1276 - STROMO, LLC/JOHN MOSER
PAGE 3
Commission and Board are satisfied that a need exists for the facility.
The applicant has Use by Special Review Permit#1201 for a 6,000-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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of STROMO, LLC/John Moser, do Cliff Roberts 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 on the hereinabove
described parcel of land be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. 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.
2. Prior to recording the plat:
A. A proponent of the project shall notify the Office of Army Corps of
Engineers for proper Department of the Army permits or changes in
permit requirements pursuant to Section 404 of the Clean Water Act, if
any work associated with this project requires the placement of dredge or
fill material, or 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.
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.
C. The facility shall provide evidence to the Weld County Departments of
Planning Services and Public Health and Environment that an appropriate
financial assurance mechanism has been secured in accordance with the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6
CCR 1007-2).
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
2001-0575
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SPECIAL REVIEW PERMIT#1276 - STROMO, LLC/JOHN MOSER
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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 testing on the retention pond liner.
E. Financial assurance requirements shall be satisfied prior to acceptance of
material.
3. 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.
B. Separate building permits are required for all signs. Engineering may be
required.
C. Electrical permits shall be obtained for all electrical work. For instance,
electrical permits are needed for any site lighting or any irrigation
systems.
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.
E. The allowable floor areas of buildings shall be limited by Section 504 of
the 1997 Uniform Building Code (UBC).
F. All buildings shall maintain distances from property lines and adjacent
buildings as outlined in Section 503 and Table 5-A of the UBC.
G. Fire protection systems shall be installed as required in Chapter 9 of the
UBC.
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.
The design and construction of accessible buildings and building
elements shall be in accordance with Chapter 11 and Appendix Chapter
11 of the UBC.
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J. All building and site development shall be reviewed by the Keenesburg
Fire Protection District.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of February, A.D., 2001.
BOARD OF C NTY COMMISSIONERS
WELD COU Y, COLORADO
Isar
ATTEST: ,. _k/i 41 IE `�
M. J. eile, Chair
Weld County Clerk to th-'o.
1861 ('( &'O'er: $ EXCUSED
i ' 1 I\
♦ Glenn Vaad, Pro-Tem
BY: ' 'i i.. ��
Deputy Clerk to the Bo' (atm,JN'\ r'
William H. Jerke
APP ED AS M: EXCUSED
C avi E. Long
t�
ounty�AttornE#y
Robert D. Masden
2001-0575
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
STROMO, LLC/JOHN MOSER
USR#1276
1. The Site Specific Development Plan and Use by Special Review Permit#1276 is for a Solid
Waste Disposal Site (composting facility) in the A (Agricultural)Zone District, as indicated
in the application materials on file 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.
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.
4. All construction shall be in compliance with Chapter 29 of the Weld County Code.
5. The facility shall comply with the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities (6 CCR 1007-2) Regulations promulgated Pursuant to the Solid Waste Act,
Section 30, Article 20, Part 1, C.R.S.
6. The facility shall operate in accordance with the submitted Design and Operations Plan.
The Plan was received into the Weld County Departments of Planning Services and Public
Health and Environment on February 6, 2001.
7. The facility shall be operated in a manner that controls fugitive dust. The facility shall
operate in accordance with the Management Plan for Nuisance Control provided in the
facility's Design and Operations Plan. Additional dust abatement measures shall be
implemented at the request of the Weld County Department of Public Health and
Environment in the event it is determined that dust from the facility is creating a nuisance
condition.
8. The facility shall be 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.
9. The facility shall be operated in a manner that controls odor. The facility shall operate in
accordance with the Management Plan for Nuisance Control provided in the facility's Design
and Operations Plan. Odors detected off site shall not equal or exceed the level of a
fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional odor abatement measures shall be implemented
at the request of the Weld County Department of Public Health and Environment in the
event odor levels detected off-site meet or exceed the level of a fifteen-to-one dilution
threshold or, in the judgement of the Weld County Health Officer, there exists an odor
condition requiring abatement.
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DEVELOPMENT STANDARDS - STROMO, LLC/JOHN MOSER (USR #1276)
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10. The facility shall adhere to the maximum permissible noise levels allowed in the I(Industrial)
Zone District as delineated in Section 5-12-103, C.R.S.
11. The permitted 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.
12. No permanent disposal of wastes shall be permitted at this site. Any solid waste as defined
in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2)
received or generated at the site must be removed and disposed of at an approved sanitary
landfill.
13. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
14. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
15. The facility shall receive and process only those materials that are described in the facility's
Design and Operations Plan. The Weld County Departments of Public Health and
Environment and 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.
16. A metal sign shall be posted at the facility entrance. The sign shall be a minimum of three
feet in width and four feet in length. The sign shall state the following:
a. Name of operation.
b. Type of facility.
c. Emergency phone numbers of the facility operator.
17. An Individual Sewage Disposal System (I.S.D.S.) is required for any future structure that
would require a septic system and shall be installed according to the Weld County I.S.D.S.
Regulations. A vault system shall be acceptable. If a vault is installed, pumping records
shall be kept for review. A portable toilet facility shall be provided and maintained on site
until such time as a permanent I.S.D.S. is installed.
18. The facility shall maintain the stormwater collection system.
19. 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.
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DEVELOPMENT STANDARDS - STROMO, LLC/JOHN MOSER (USR #1276)
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20. 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.
21. 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.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. 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.
26. The Use by 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.
27. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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