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HomeMy WebLinkAbout952084.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Marie Koolstra 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-1059 NAME: A-1 Organics C/O Bob Yost n ADDRESS: 16350 Weld County Road 76 Eaton, Colorado REQUEST: LEGAL: LOCATION: Approximately 1/2 mile north of State Highway 66 and one mile east of Weld County Road 17 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. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Sections 24.5 and 24.6 of the Weld County Zoning Ordinance: 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, Urban Growth Boundary Area, and Environmental Quality and Natural Resources Goals and Policies. The proposed use is consistent with the A (Agricultural) zone district and is provided for as a Use by Special Review. 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 farm production and rural residences. A Site Specific Development Plan, a Special Use Permit and Certificate of Designation:for a composting facility in the A (Agricultural) zone district of Weld County Part of the West'' 'A, Southwest Y.., of Section 20, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado No overlay district affects this site. The Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 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 form the referral entities. c52Cf4 RESOLUTION,USR-1059 A-1 Organics Page 2 The Planning Commission's 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 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. 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. 3. Prior to recording the plat, the facility operator shall submit a fugitive dust plan to the Weld County Health Department for review and approval and a copy of the approved plan shall be submitted to the Department of Planning Services. 4. The facility shall be maintained in compliance at all times with the Mountain View Fire Protection District. Motion seconded by Jack Epple. VOTE: For Passage Marie Koolstra Jack Epple Richard Kimmel Against Passage Curt Moore Shirley Camenisch 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 Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Frazer, 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 August 1, 1995. Dated the 1st day of August, 1995. iSha n Frazer Secretary 952084. SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS A-1 Organics USR-1059 1. The site Specific Development Plan and Special Review permit is for a composting facility for no more than 100,000 finished tons of compost per year in the A (Agricultural) zone district as submitted 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. 3. The facility shall only compost non -hazardous solid waste materials. The facility shall advise in writing the Weld County Planning Department, the Weld County Health Department, and the Colorado Department of Public Health and Environment of any new (not previously indicated in the submitted Special Review permit and Certificate of Designation application materials) materials proposed for composting prior to initiation of site composting of product. 4, The facility shall be limited to processing of 100,000 finished tons of compost per year. In the event the facility expects to process finished product in excess of 100,000 tons per year, an amendment to the Special Review permit shall be submitted to the Weld County Planning Department. 5 All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6, No permanent disposal of wastes shall be permitted at this site. 7 Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. 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. 9. An individual sewage disposal system, is required 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. 10 The facility shall be operated in a manner to control flies. The fly control plan 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. 952084 DEVELOPMENT STANDARDS,USR-1059 A-1 Organics Page 2 11. 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. 12. 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 13. The facility shall be operated in a manner which controls odor. 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. The odor abatement plan 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. 14. The facility shall be operated in a manner to control fugitive dust at all times. The facility operator shall implement the approved plan for controlling fugitive dust at the request of the Weld County Environmental Protection Services Division. Any changes or updates to the plan for controlling fugitive dust shall be made by the facility operator when requested in writing by representatives of Weld County. 15. 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 Health 16. A metal sign shall be posted at the facility entrance near Colorado Highway 66. The signs 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 use c. emergency phone numbers 952084 DEVELOPMENT STANDARDS, USR-1059 A-1 Organics Page 3 17. 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. 18. The facility shall comply with all materials submitted as the result of this Certificate of Designation and Use by Special Review application. These include the USR application dated March 25, 1995, the geologic and hydrologic conditions dated May 23, 1995, and the final drainage report dated May 9, 1995. In addition the facility shall comply with all supplemental materials requested by either Weld County or the Colorado Department of Public Health and Environment. 19. Portable fueling equipment shall be kept within a bermed area to contain any spills. 20. The property owner shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 21. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22 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. d governed the 23. The Special Review all area shall applicae ble Welded to County Regulaplans tionsown. hereon or changes from the foregoing or Standards and all app Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the 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. 24. 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. 952084 Hello