HomeMy WebLinkAbout981009.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN, AND SPECIAL REVIEW PERMIT
#1129 FOR AN ANIMAL AND YARD WASTE COMPOSTING FACILITY IN THE A
(AGRICULTURAL) ZONE DISTRICT - O.K. FARMS COMPOST c/o MYRON CUNNING
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 3rd day of
June, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of O.K. Farms Compost% Myron Cunning, 3422 State Highway 52, Wiggins,
Colorado 80654, for a Site Specific Development Plan, and Special Review Permit#1129 for an
animal and yard waste composting facility in the A (Agricultural) Zone District, on the following
described real estate, to-wit:
W% of Section 2, Township 1 North, Range 61
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Cal Kuska, Kuska Associates, 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 Sections 24.4.2 and 45.4 of the Weld County Zoning
Ordinance as follows:
a. Section 24.4.2.1 -- 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. 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 "high potential dry cropland" and "other land"
by the U.S.D.A. Soil Conservation Service. The application materials
state that the least productive area of the 320 acre parcel is used for the
composting operation.
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b. Section 24.4.2.2 -- This proposal is consistent with the intent of the
A (Agricultural) Zone District. The A (Agricultural) Zone District is
intended to provide areas for the conduct of agricultural activities without
the interference of other, incompatible land uses. Section 31.4.2 of the
Weld County Zoning Ordinance allows animal waste recycling facilities in
the A (Agricultural) Zone District with the approval of a Special Review
Permit. Conditions of Approval and Development Standards insure that
this proposal is consistent with the intent of the A (Agricultural) Zone
District.
c. Section 24.4.2.3 -- The proposed uses will be compatible with the existing
surrounding land uses. Surrounding properties are zoned agricultural
and used for farming. The subject site is situated in an area of the county
which is isolated from neighboring residences, the nearest being more
than one mile away.
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 Plans of affected municipalities. Future
development in the surrounding area is expected to remain agricultural in
nature, in part, due to its remoteness from any incorporated municipalities
in the County.
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 in the locational decision for the
use. The 30 acre site is part of a 320 acre parcel which is currently used
for agricultural production. The area selected for the composting
operation is located a relatively short distance from Highway 52, thereby
leaving the majority of the farming unit intact.
g. Section 24.4.2.7 -- 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 the health, safety, and welfare 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
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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 for a Special Review Permit, the
process for a composting facility requires the review and approval of a
Certificate of Designation by the Colorado Department of Public Health
and Environment. 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.
I. Section 45.4.2 --Applicants for activities reviewed pursuant to Section 24
for any Solid Waste sites and facilities or Hazardous Waste Disposal
Sites 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 application materials state that
the selected location is in an agricultural area of dryland farming which is
fairly remote, but one which is easily accessible. Further, the site is "well
positioned for short delivery to the farm market which is just beginning to
develop in the valley to the north". The facility's purpose is to convert
potentially polluting raw organics into a stable, reusable compost that is
pleasant to store and handle, non-toxic, and possesses a value added to
the recipient and producer.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of O.K. Farms Compost c/o Myron Cunning for a
Site Specific Development Plan, and Special Review Permit#1129 for an animal and yard
waste 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 Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording the plat. The
applicant shall satisfactorily address and comply with all Conditions of Approval
and 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
60 days of approval by the Board of County Commissioners.
2. No building or electrical permits shall be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder, if applicable.
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3. Prior to recording the plat:
a. A landscaping plan identifying the number, size, and species of trees to
be planted along the south boundary of the Special Review Permit area
shall be submitted to the Department of Planning Services for review and
approval. The plan shall also address maintenance of the trees and
potential replacement of dying materials.
b. The facility shall demonstrate that the surface water control plan
submitted by Tom Gibbens, dated September 10, 1997, has been
constructed. At a minimum, the facility shall submit as-built drawings of
the drainage features and retention structures to the Weld County Health
Department.
c. The facility shall provide evidence to the Weld County Health Department
that any surface water retention structure has been constructed of a
lining material which does not exceed a seepage rate of 1/4"/day
(1 X10-5cm/sec).
d. A dust abatement plan shall be submitted to the Weld County Health
Department for review and approval. The facility shall have sufficient
water available to implement dust control as required by the Weld County
Health Department.
e. A fly abatement plan shall be submitted to the Weld County Health
Department for review and approval.
f. An odor abatement plan shall be submitted to the Weld County Health
Department for review and approval.
g. 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).
h. The plat shall be amended:
1) To identify the legal description of the parcel.
2) To delineate a 75-foot right-of-way reservation north of the
centerline of State Highway 52.
3) To show the location of the future maintenance shop and 6,000
gallon water storage tank.
4) To reflect the approved landscaping plan.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: A
�t►v%' � Consta ce L. Harbe Chair
Weld County Clerk .1 iD-b
W. H. ebster, Pr em
9
Deputy Clerk to th-'t . ll��, �J
orge . Baxter
APPRO D A FORM:
ale K. Hall
unty A torney EXCUSED
Barbara J. Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
O.K. FARMS COMPOST % MYRON CUNNING
USR#1129
1. The Site Specific Development Plan and Special Use Permit is for the composting of
agricultural byproducts (chicken and feedlot manure) and yard waste 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
Weld County Zoning Ordinance, as amended.
3. The composting facility's hours of operation shall be limited to 6 a.m. to 7 p.m. seven
days per week.
4. The trees planted on site shall be maintained in accordance with the approved
landscaping plan.
5. An increase in traffic on State Highway 52 occurring as a result of the composting facility
may require future re-evaluation of the access by the Colorado Department of
Transportation.
6. The Weld County Health Department, Weld County Planning Department, and the Solid
Waste Section of the Colorado Department of Public Health and Environment shall be
notified in writing of any new materials (other than manures/bedding and wood chips)
proposed for composting. Written approval to proceed with composting shall be
obtained from the Weld County Health Department and Colorado Department of Public
Health and Environment prior to receipt of the new material. Submitted information shall
include operational procedures and storage procedures. All materials considered for
composting shall meet current and future regulatory requirements for that specific
material. No dead animals shall be composted on site.
7. The facility shall maintain the surface water control plan as submitted by Tom Gibbens,
dated September 10, 1997.
8. 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.
9. No stockpiling of raw material such as manure/bedding, food waste, biosolids, or any
other approved putrescible material shall be allowed on site. All raw, uncomposted
material shall be placed in windrow units within 72 hours upon receipt at the facility.
Windrows shall be no larger than 8 feet in height and 20 feet in width. 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 Health Department
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for review and approval. The description shall include literature and other examples that
demonstrate the unit is an effective composting process.
10. All windrows shall be turned a minimum of every ten (10) days. This shall not include
bulking agents such as wood chips, grass clippings, etc. and liquids stored within
approved closed storage tanks.
11. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
12. No permanent disposal of wastes shall be permitted at this site.
13. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
14. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A), as
measured according to Section 25-12-102, Colorado Revised Statutes.
15. An Individual Sewage Disposal System is required if any type of an office facility is
located on the site for the facility 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 on site until such time a permanent individual disposal system
is installed.
16. The facility shall operate 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 Health Department in the event that flies (which can be determined to
be associated with the facility) are in such a number to be considered a nuisance
condition. The plan shall also be implemented in the event the Weld County Health
Department receives a significant number of fly (associated with the facility) complaints
and, in the judgment of the Health Officer, there exists a fly condition requiring
abatement.
17. 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.
18. The facility shall have on site and available to the Weld County Health Department,
Weld County Planning Department, and Colorado Department of Public Health and
Environment, at all times, the specific procedures to handle the following:
a. hazardous materials received on site
b. contamination or discharge of water from the site
c. odors in excess of established limit
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d. flies determined to be a nuisance condition
e. dusty conditions
19. The facility shall be operated in a manner which 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 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 judgment of the Weld County Health Officer, there exists an odor
condition requiring abatement.
20. The facility shall be operated in a manner to control fugitive dust in accordance with its
approved dust abatement plan. Additional dust abatement measures shall be
implemented at the request of the Weld County Health Department in the event it is
determined that dust (that can be determined to originate at the facility) is a nuisance
condition.
21. 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 Environment.
22. A metal sign shall be posted at the facility entrance near Colorado Highway 52. The
sign shall be a minimum of three (3) feet in width and four (4) feet in length. The sign
shall state the name and type of operation and emergency phone numbers of the facility
operator.
23. The facility shall comply with the Regulations Pertaining to Solid Waste Disposal Sites
and Facilities (6 CCR 1007-2). The facility shall also comply with any composting
regulations promulgated Pursuant to the Solid Waste Act, Section 30, Article 20, Part 1,
C.R.S., as amended.
24. Portable fueling equipment shall be kept within a bermed area. The berm shall be lined
and designed to contain 120% of the total tank capacity contained within the bermed
area.
25. All construction on the property shall be in accordance with the Weld County Building
Code Ordinance.
26. The applicant shall develop a method of tracking and recording the dates that record the
following activities:
a. The date each load of manure is delivered to the site
b. The date each load of manure is placed in windrows
c. The date each windrow has been turned
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d. The date the manure has been removed from the facility
The method of recording shall be approved by the Weld County Health Department.
During the calendar years 1998 and 1999, these records shall be provided monthly to
the Weld County Health Department. From the year 2000 and beyond, these records
shall be maintained at the site, at all times, for review.
27. 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.
28. 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.
29. Personnel from the Weld County Health Department and Weld County Department of
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 hereon and all applicable Weld County regulations.
30. The Special Review area shall be limited to the plans shown hereon and governed by
the foregoing standards and all applicable Weld County regulations. Major 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 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.
31. 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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