HomeMy WebLinkAbout981533.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application,for:
CASE NUMBER: USR-1190
APPLICANT: H. Michael Croissant
ADDRESS: P.O. Box 987, Brighton, CO 80601
PLANNER: Julie A. Chester
.]
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Composting Facility
LEGAL DESCRIPTION: E2/NE4 of Section 11, T1N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: West and adjacent to Weld County Road 35, approximately '% mile south of Weld County
Road 12
SIZE OF PARCEL: 80 acres
be recommended favorably to the Board of County Commissioners 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, as amended.
2. It is the opinion of the Planning Commission that the 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.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 the Weld County Comprehensive Plan's Agricultural,
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 31.4.2 of the Weld County Zoning Ordinance provides for Agricultural
Service establishments primarily engaged in performing agricultural, animal husbandry, or
horticultural services on a fee or contract basis, including animal waste recycling or
processing facilities as a Use by Special review in the Agricultural zone district.
c. Section 24.3.1.3 -- The proposal is consistent with Section 24.3.1.3 of the Weld County
Zoning Ordinance, as amended and 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, rural residences, several other Special Review permits and
other Agricultural uses.
g. EXHIBIT
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RESOLUTION, USR-1190
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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 Ft. Lupton Planning and Zoning Department indicated in a referral
response, that the use was not compatable with surrounding uses. However, the attached
Conditions of Approval and Development Standards address any concerns of incompatibility
with surrounding uses. Buffalo Ridge Estates Subdivision, which is being developed in the
vicinity, has the Right to Farm covenant as a note on their plat map.
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 farm
ground, therefore no productive farmground is being taken out of production. The property
is currently dryland.
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 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 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.
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 permit. The
application materials state that the selected location is in an agricultural area of dryland
farming and natural vegetation with relatively easy access from Highway 52. Further, the site
is well positioned for short delivery to the farm market. 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.
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 recommendation for approval is conditional upon the following:
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RESOLUTION, USR-1190
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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 15 days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
A. A landscaping plan identifying the number,size and species of landscaping materials
along the east and north borders 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 landscaping materials and potential
replacement of dying materials. (Planning)
B. The facility shall demonstrate that the surface water control plan, prepared by
Acklam Associates, dated September 12, 1997, has been constructed. At a
minimum, the facility shall submit for approval as-built drawings of the drainage
features and the retention structures to the Weld County Health Department. (Health
Department)
C. All five (5) monitoring wells shall be installed as described in the June 1997
Groundwater Monitoring Plan, prepared by LT Environmental. Evidence of
installation shall be provided to both the Weld County Health Department and the
Colorado Department of Public Health and Environment. (Health Department)
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. (Health
Department)
E. A fly abatement plan shall be submitted to the Weld County Health Department for
review and approval. (Health Department)
F. An odor abatement plan shall be submitted to the Weld County Health Department
for review and approval. (Health Department)
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). (Health Department)
H. The plat shall be amended:
1) to delineate the proposed access point to WCR 35. (Public Works)
2) to identify the legal description of the parcel, including the entire 80 acres.
(Planning)
3) to reflect the approved landscaping plan. (Planning)
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RESOLUTION, USR-1190
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The Special Review activity shall not occur nor shall any building or electrical permits
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. (Planning)
Motion seconded by Stephan Mokray.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Arlan Marrs
Fred Walker
Stephan Mokray
Marie Koolstra
Jack Epple
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioner for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, 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 June 16, 1998.
Dated the 16th of J ne, 1998.
ddi
Wendi Inloes
Secretary
s ►
981533
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
H. Michael Croissant
USR-1190
1. The Site Specific Development Plan and Special Use Permit is for a 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. (Planning)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended. (Planning)
3. The hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m. (Planning)
4. The number of full-time employees shall not exceed two. (Planning)
5. The landscaping on site shall be maintained in accordance with the approved landscaping plan.
(Planning)
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. Submittal
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. Any 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.
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 a 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
windrows unit 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 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 of in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions.
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DEVELOPMENT STANDARDS, USR-1190
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14. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as measured
according to 25-12-102, Colorado Revised Statutes.
15. 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 on site until such time a permanent individual
sewage 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
facility)complaints and, in the judgement of the Health Officer, there exists a fly condition requiring
abatement.
17. In the event the facility creates nuisance conditions as the result of excess flies, at the request of the
Health Officer, the facility 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;
d) The date the manure has been removed from the facility.
The method of recording shall be approved by the Health Officer. These records shall be provided
at an interval as determined by the Health Officer, until the Health Officer determines that the facility
no longer poses a nuisance.
18. 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.
19. The facility shall have on site and available to the Weld County Health Department, Weld County
Planning Department, and Colorado State Health Department 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
d. flies determined to be a nuisance condition
e. dusty conditions
20. 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 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.
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21. 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 be
originating at the facility) is a nuisance condition.
22. 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.
23. 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
c. emergency phone numbers of the facility operator
24. 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.
25. In the event a residential home is constructed on the property, it shall be served by a individual
sewage disposal system in accordance with the Weld County ISDS Regulations.
26. In accordance with the June 1997 Groundwater Monitoring Plan, prepared by LT Environmental, the
facility shall submit a report summarizing the procedures and analytical results to the Weld County
Health Department and the Colorado Department of Public Health and Environment after each
sampling event.
27. After completion of background groundwater monitoring (as described in the June 1997 Groundwater
Monitoring Plan, prepared by LT Environmental)an appropriate statistical method shall be selected
and utilized to determine if an impact to groundwater has occurred. The statistical method must be
approved by both the Weld County Health Department and the Solid Waste Unit of the Colorado
Department of Public Health and Environment.
28. All aspects of the facility's groundwater monitoring plan and subsequent monitoring activities shall
comply with Section 2.2 and Appendix B and all other applicable portions of the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities and any other applicable Rule or Regulation.
29. All construction on the property shall be in accordance with the Weld County Building Code
Ordinance. (Planning)
30. 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.
31. 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.
32. 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.
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33. 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 Planning Commission 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.
33. 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.
981533
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