HomeMy WebLinkAbout20002591.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Cathy Clamp that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Plannirg Commission that the applicat on for
PLANNER: Julie A. Chester
CASE NUMBER: USR-1285
APPLICANT: Lambland Inc., dba A-1 Organics
ADDRESS: 16350 WCR 76, Eaton, CO 80615
REQUEST: A Site Specific Development Plan and a Special Review Permit aid Certifcate of
Designation for a Solid Waste Disposal Site and Facility (Composting Facility) in the
Agricultural Zone District
LEGAL DESCRIPTION: Part of Section 36, T3N, R64W of the 6th P.M., Weld County, Colorado
LOCATION: Adjacent to the Coors Energy Site on a private road, approximately four miles north of 1-76
and five miles Northeast of the Town of Keenesburg
be recommended favorably to the Board of County Commissioners fo: the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 24 7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that:he applicant has shown compliance with Section
24.3 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan,
as amended. A.Policy 1 of the Comprehensive Plan states that agricultural zoning is
established to protect and promote the county's agricultural industry. A.Po:icy 2 encourages
agricultural businesses and industries to locate in areas that minimize the removal of p ime
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 Standarcs make
the proposed use consistent with the Weld County Comprehensive Plan's Agrioult iral,
Environmental Quality and Natural Resources Goals and Policies.
b. Section 24.3.1.2 -- 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 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of :he Weld County
Zoning Ordinance, as amended and will be compatible with future developmert 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 Mlle Site, Waste
Management of Colorado's Buffalo Run Landfill,an oil and gas production facility and some
agricultural uses.
4. EXHIBIT
2000 2591
USE 4PIR&S
RESOLUTION, USR-1285
Lambland Inc., dba A-1Organics
Page 2
d. Section 24.3.1.4 -- The proposed uses will be compatible with future development of the
surrounding area as permitted by the A (Agricultural) zone districts 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 their interests.
e. Section 24.3.1 .5 --The proposal is not located within the Overlay District Areas identified
by maps officially adopted by Weld County.
f. Section 24.3.1.6--The applicant has demonstrated a diligent effort to conserve productive
agricultural land. The proposed use is not located in an area designated as prime ;arm
ground, therefore no productive farmground is being taken out of production.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance, as amended), Operation Standards (Section 24.6 of the Weld County Zoning
Ordinance,as amended),Conditions of Approval,and Development Standards ensure that
there are adequate provisions for the protection of health, safety, and we fare of the
inhabitants of the neighborhood and county.
h. Section 45.4.1 --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 or Board of County Commissioners where required
by the Weld County Zoning Ordinance. 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 fora Special Review
permit, the process for a composting facility requires the review and approval at a
Certificate of Designation by the Colorado Department of Public Health and Env ronmeat.
The State is recommending conditional approval of the Certificate of Designation for this
facility. It will be necessary for the applicants to obtain approval of both the Special Review
permit and Certificate of Designation in order to legalize the composting facility
Section 45.4.2 -- Applicants for activities reviewed pursuant to Section 24 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 peg-nit. The
application materials state"the Weld County Comprehensive Plan states that Wed County
is a 'complete farm and food system'. This organic recycling facility is an instrumental part
of the complete system by producing a product ready for purchase. The products produced
are beneficial for food production." Also, "The composting facility may purchase materials
from agriculture. But for the most part, it will offer an ahernative that may reduce the costs
of agriculture waste management."
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities
The Planning Commission's 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)
RESOLUTION, USR-1285
Lambland Inc., dba A-1Organics
Page 3
2. 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).
3. 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 Public Works Department. The Agreement
shall include sharing the cost for the additional two-inch overlay that will be required. (Weld
County Public Works Department)
B. The applicant shall enter into an agreement with Patina Oil to address their concerns stated
in a letter dated September 19,2000 or submit evidence that reasonable efforts have been
made to address their concerns. Documentation cf such, shall be subm tted to the
Department of Planning Services. (Patina, Department of Planning Services)
C. 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 Enginee s)
D. Dust Abatement Plan shall be submitted to the Weld County Department of Pubic Health
and Environment of review and approval. Evidence of the approved plan shall be submitted
to the Department of Planning Services. (Department of Public Health and Environment)
E. A Fly Abatement Plan shall be submitted to the Weld County Department of Public Health
and Environment of review and approval. Evidence of tne approved plan shall be submitted
to the Department of Planning Services. (Department of Public Health and Environment)
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 pan shall he
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
G. A Soil Sampling Plan shall be submitted to the Weld County Department of Pubic Health
and Environment and 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. (Department of Public Health and Environment)
H. A typical mixing pad design shall be submitted to the Weld County Department of Public
Health and Environment and Colorado Department of Public Health and Envirorment for
review and approval. At a minimum,the design shoulc describe, in detail, the construction
of the pad, the thickness of liner, method of lining, liner permeability, pad maintenance,
storm water control, etc. (Department of Public Health and Environment)
The facility shall provide evidence to the Weld County Department of Planning Services and
Department of Public Health and Environment that an appropriate financial assurance
RESOLUTION, USR-1285
Lambland Inc., dba A-1Organics
Page 4
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)
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 'rum
operations at the facility. The plan can incorporate the existing on-site monitoring well (OH-
122) or a new appropriately located monitoring well. Evidence of the approved plan shall
be submitted to the Department of Planning Services (Department of Public Health and
Environment)
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. (Southeast Weld Soil Conservation District)
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 requ red.
(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)
G. Fire protection systems shall be installed as required in Chapter9 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)
RESOLUTION, USR-1285
L.ambland Inc., dba A-1 Organics
Page 5
J. All building and site development shall be reviewed by the Keenesburg Fire Protection
District. (Department of Building Inspections)
K. Additional requirements and changes may be required when building applications or plans
are reviewed by the Weld County Building Inspection Department or the Keenesburg Fire
Protection District. (Department of Building Inspections)
Motion seconded by Michael Miller.
VOTE:
For Passage Against Passage
Cristie Nicklas
Fred Walker
John Folsom
Michael Miller
Bryant Gimlin
Jack Epple
Stephen Mokray
Cathy Clamp
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on October 17, 2000.
Dated the 17th of October, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lambland Inc., dba A-1 Organics
USR-1285
1. The Site Specific Development Plan and Special Use Permit and Certificate of Designation 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 90 of the We c County
Zoning Ordinance, as amended. (Department o* Planning Services)
3. The hours of operation are seven days a week. from 5:00 a m. to 11:30 p.m. (Department of
Planning Services)
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. (Colorado
Department of Public Health and Environment)
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. (Colorado Department of Public Health and Environment)
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.,
as amended. (Department of Public Health and Environment,:'
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. (Department of Public Health and Envir anent)
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 sucn a number
to be considered a nuisance condition. The plan shall also be implemented in the event the Weld
County Department of Public Health and Environment receives a significant number of fly
complaints(associated with facility)and, in the judgement of the Weld County Health Officer,there
exists a fly condition requiring abatement. (Department of Public Health and Environment)
9. The facility shall be operated in a manner that controls odor 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 dilution threshold or, in the judgement of the Weld County
Health Officer, there exists an odor condition requiring abatement. (Department of Public Health
and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 Colorado Revised Statutes,as amended. (Department of Public Health and
Environment)
11. The Special Review Permit site and facility shall be operated in compliance with any required Air
Emission Permit approved by the Air pollution Control Division of the Colorado Department of Public
Health and the Environment. (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. (Department of Public Health and Environment)
13. Waste materials shall be handled, stored, and disposed of in a manner that controls fug tive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
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 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 ror
composting. Written approval to proceed with composting shall be obtained from the We.d 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)
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:
(Department of Public Health and Environment)
(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 Individual Sewage Disposal
Regulations. A vault system shall be acceptable. If a vault is installed, pumping records shall he
kept for review. A portable toilet facility shall be provided and maintained on site until such time as
a permanent Individual Sewage Disposal System is installed. (Department of Public Health and
Environment)
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 Colorado Department of Public Health and Environment. Evidence shall be submitted to the
Weld County Department of Public Health and Environment and 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. (Department of Public Health and
Environment)
18. All liquids and semi-solids must be mixed on a designated mixing pad. (Department of Public
Health and Environment)
19. All storm water,that has come into contact with waste materials on the site,shall be conl fined on tie
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. (Department of Public Health and Environment)
20. The facility shall comply with the approved soil and groundwater monitoring plans. (Department of
Public Health and Environment)
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 to include those liquids or semi-solids that have been
incorporated into the composting process. (Department of Public Health and Environment)
2.2. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Department of Building Inspections)
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, as amended.
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, as amended.
25. Personnel from the Weld County Health Department and Weld County Planning Department 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 Special Review area shall be limited to the plans shown hereon and governed by the oregoing
standards and all applicable Weld County regulations. Substantial changes from tie plars 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 =oregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
Hello