HomeMy WebLinkAbout20002590.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1285 FOR A SOLID WASTE DISPOSAL SITE AND COMPOSTING
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - LAMBLAND, INC., DBA
A-1 ORGANICS
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 1st clay of
November, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Lambland, Inc., dba A-1 Organics, 16350 Weld County Road 76,
Eaton, Colorado 80615, for a Site Specific Development Plan and Use by Special Review
Permit#1285 for a Solid Waste Disposal Site and Composting Facility in the A (Agricultural)
Zone District on the following described real estate, to-wit:
Part of Section 36, Township 3 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Robert Yost at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 —This proposal is consistent with the Weld County
Comprehensive Plan. A.Policy 1 of the Comprehensive Plan 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 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 Conditions of Approval and Development
Standards make the proposed use consistent with the Weld County
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SPECIAL REVIEW PERMIT#1285 - LAMBLAND, INC., DBA A-1 ORGANICS
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Comprehensive Plan's Agricultural, Environmental Quality and Natural
Resources Goals and Policies.
b. Section 24.4.2.2 — This proposal is consistent with the intent of the A
(Agricultural) Zone District. Section 31.4.9 of the Weld County Zoning
Ordinance provides for Solid Waste Disposal sites and facilities, subject
to the additional requirements of Section 45.4, Solid Waste Sites and
Facilities or Hazardous Waste Disposal Sites, as a Use by Special
Review.
c. Section 24.4.2.3—The proposal will be compatible with future
development of the surrounding area. 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 the
Weld County Comprehensive Plan. The surrounding land uses include
vacant land with natural grasses, Coors Energy's Keenesburg Mine Site,
Waste Management of Colorado's Buffalo Run Landfill, an oil and gas
production facility, and some agricultural uses.
d. Section 24.4.2.4 —The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The Town
of Keenesburg indicated in a referral response that this use was not a
conflict with its interests.
e. Section 24.4.2.5 —The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 —The applicant has demonstrated a diligent effort to
conserve productive agricultural land. The proposed use is not located in
an area designated as prime farm ground, therefore, no productive
farmground is being taken out of production.
g. Section 24.4.2.7—The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), 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. This application has been determined to be in compliance with the
proposed Amendment 24 to the Colorado Constitution of a new Article
XXVIII, as development of land is consistent with a valid development
application which had been filed as of September 13, 2000, pursuant to
proposed Article XXVIII 9 (2).
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Lambland, Inc., dba A-1 Organics, for a Site
Specific Development Plan and Use by Special Review Permit #1285 for a Solid Waste
Disposal Site and 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. The applicant, in cooperation with the multiple users of the haul route.
shall enter into an Improvements Agreement with the Weld County
Department of Public Works, which shall be approved by the Weld
County Board of Commissioners.
B. The applicant shall enter into an agreement with Patina Oil to address its
concerns stated in a letter dated September 19, 2000, or submit evidence
that reasonable efforts have been made to address the concerns.
Documentation of such shall be submitted to the Department of Planning
Services.
C. The applicant should notify the Department of the 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 if 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 takes place at this site.
D. A Dust Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment of review and approval.
Evidence of the approved plan shall be submitted to the Department of
Planning Services.
E. A Fly Abatement Plan shall be submitted to the Weld County Department
of Public Health and Environment of review and approval. Evidence of
the approved plan shall be submitted to the Department of Planning
Services.
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F. An Odor Abatement Plan shall be submitted to the Weld County
Department of Public Health and Environment for review and approval.
Evidence of the approved plan shall be submitted to the Department of
Planning Services.
G. A Soil Sampling Plan shall be submitted to the Weld County Department
of Public Health and Environment and the Colorado Department of Public
Health and Environment for review and approval. The plan shall
describe, in detail, the sampling frequency, sampling depths and
locations, analytical parameters that will be monitored, reporting
methods, and any other procedures and methods necessary to detect an
impact from the operation of the facility. Evidence of the approved plan
shall be submitted to the Department of Planning Services.
H. A typical mixing pad design shall be submitted to the Weld County
Department of Public Health and Environment and the Colorado
Department of Public Health and Environment for review and approval.
At a minimum, the design should describe, in detail, the construction of
the pad, the thickness of liner, method of lining, liner permeability, pad
maintenance, storm water control, etc.
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).
J. The facility shall submit a groundwater monitoring plan, for review and
approval, to the Weld County Department of Public Health and
Environment. The focus of the plan is to gather adequate background
groundwater data, in the uppermost saturated interval, in the event that
soil sampling data indicate that a release or impact may have occurred
from operations at the facility. The plan can incorporate the existing on--
site monitoring well (DH-122) or a new appropriately located monitoring
well. Evidence of the approved plan shall be submitted to the
Department of Planning Services.
K. The applicant shall attempt to address the requirements of the Southeast
Weld Soil Conservation District, as stated in the referral response
received August 23, 2000. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
3. Prior to the issuance of building permits:
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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 system.
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.
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.
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SPECIAL REVIEW PERMIT #1285 - LAMBLAND, INC., DBA A-1 ORGANICS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
liyau WFzD COUNTY, COLORADO
ATTEST: _'
L L 4
a��arbara J. �kmeyer, hair (dc Weld County Clerk to the Bf rd
BY: / • , ^ cfcri, ; J. Gei , Pro-Tern
,i
Deputy Clerk to the Boa : Oft r, - '
OJ -
� N I s'c= .e Baxter t
APP-ReV,ED AS T�ORM:
Dale K. Hall _
C my Attorhey
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LAMBLAND, INC., DBA A-1 ORGANICS
USR#1285
1. The Site Specific Development Plan and Use by Special Review Permit 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 90 of the Weld
County Zoning Ordinance.
3. The hours of operation are seven days a week, from 5:00 a.m. to 11:30 p.m.
4. Sites and facilities 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.
5. If during the operational activities of this facility, information is revealed that changes the
currently held concept of the site, the Hazardous Materials and Waste Management
Division of the Colorado Department of Public Health and Environment may request
modifications to the Design and Operations Plan. In addition, regulatory changes that the
Colorado Department of Public Health and Environment may implement in the future may
also become binding and necessitate modifications to the Design and Operations Plan.
6. The facility shall comply with the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities (6 CCR 1007-2) promulgated pursuant to the Solid Waste Act, Section 30,Article
20, Part 1, C.R.S..
7. The facility shall be operated in a manner to control fugitive dust in accordance with its
approved Dust Abatement Plan at all times. 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 is a nuisance condition.
8. The facility shall be operated in a manner to control flies in accordance with its approved
Fly Abatement 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 in accordance with its approved
Odor Abatement 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 Department of Public Health and Environment in the
event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one
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DEVELOPMENT STANDARDS - LAMBLAND, INC., DBA A-1 ORGANICS (USR #1285)
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dilution threshold or, in the judgement of the Weld County Health Officer, there exists an
odor condition requiring abatement.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in Section 25-12-103, C.R.S.
11. The Use by Special Review Permit site and facility shall be operated in compliance with any
required Air Emission Permit approved 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,other than
those being actively composted, 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 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. The facility shall receive and process only those materials that are described in the
submitted application materials dated July 24, 2000. 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 the Colorado
Department of Public Health and Environment prior to receipt of the new material.
Submitted information shall include operational procedures and storage procedures.
15. 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.
16. 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 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.
17. Each mixing pad shall be constructed in accordance with the typical mixing pad design that
has been reviewed and approved by the Weld County Department of Public Health and
Environment and the Colorado Department of Public Health and Environment. Evidence
shall be submitted to the Weld County Department of Public Health and Environment and
the Colorado Department of Public Health and Environment prior to the use of each mixing
pad that demonstrates the pad was constructed in accordance with the approved mixing
pad design.
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18. All liquids and semi-solids must be mixed on a designated mixing pad.
19. All storm water that has come into contact with waste materials on the site shall be confined
on the site. In the event that storm water is not adequately controlled on the site, upon
written notification from the Weld County Department of Public Health and Environment or
the Colorado Department of Public Health and Environment, a comprehensive site-wide
Storm Water Plan shall be developed and implemented. The plan must be approved, in
writing, prior to implementation by the Weld County Department of Public Health and
Environment and the Colorado Department of Public Health and Environment.
20. The facility shall comply with the approved Soil and Groundwater Monitoring Plans.
21. Any bulk liquids or semi-solids that are stored on the site shall be stored in containers that
comply with the Underground Storage Tank and Above Ground Storage Tank Regulations
(7 CCR 1101-14) or in containers that have received the written approval of the Weld
County Department of Public Health and Environment. This is not meant 10 include those
liquids or semi-solids that have been incorporated into the composting process.
22. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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 Planning Commission and
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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