HomeMy WebLinkAbout951953.tiffHEARING CERTIFICATION
DOCKET NO. 95-60
RE: SITE SPECIFIC DEVELOPMENT PLAN, SPECIAL REVIEW PERMIT #1059, AND
CERTIFICATE OF DESIGNATION FOR A COMPOSTING FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - A-1 ORGANICS, C/O BOB YOST
A public hearing was conducted on September 20, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated August 9, 1995, and duly published August 17,
1995, in the Windsor Beacon, a public hearing was conducted to consider the request of A-1
Organics, do Bob Yost, for a Site Specific Development Plan, Special Review Permit #1059, and
Certificate of Designation for a composting facility in the A (Agricultural) Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning
Department representative, noted there are two applications, one for the Special Review Permit
and one for the Certificate of Designation, and two separate actions are required by the Board. He
presented a brief summary of the proposal; recommended changing Development Standard #3,
adding Development Standards #5 and #6 and renumbering the following accordingly, and adding
Condition of Approval #3 as suggested in his memo to the Board dated September 20, 1995; and
entered the favorable recommendation of the Planning Commission into the record as written other
than the suggested additions. Mr. Schuett answered questions from the Board concerning the
changes and additions. Bob Yost, Director of Marketing and New Business Development for A-1
Organics, represented the applicant and gave a presentation on the composting process and A-1
Organics' qualifications to operate such a facility. His presentation included slides reviewing the
history and description of composting, which is the ultimate recycling process. Mr. Yost noted the
Golden facility is the model for this proposal, which is near a dairy and has operated since the early
1990's. He noted the facility was notified by Planning in 1994 that a permit was needed; therefore,
the company proceeded with the application. Mr. Yost noted the State Health Department
regulations caused many delays; however, the State has now agreed the Certificate of Designation
is very close to meeting the regulations. He stated every windrow is inventoried and data is
maintained on the year-round operation, with the compost being shipped to various locations. Mr.
Yost explained the need for wood bulking to incorporate into the windrows. He then reviewed
overheads as follows: "Estimated Truck Traffic Access Events Comparison", "Estimated Truck
Traffic Mileage (County or State) Comparison", and "Access/Mileage Information", noting use of
Weld County roads will be minimal. Mr. Yost reviewed the types of materials proposed to be
composted and noted the facility has been successfully composting without nuisance conditions
and is in compliance with the past and proposed Weld County Comprehensive Plan. He stated the
facility also meets all regulations and the proposal has been recommended for approval by all
referral agencies. Mr. Yost stressed the need for this type of facility and noted any objections are
due to the desire for urban growth and sprawl -type development in the area. Responding to
questions from the Board, Roger Doak, Colorado Health Department, confirmed this application
is in compliance with the draft regulations. Mr. Yost noted Development Standard #17 requires
compliance with the future regulations and answered further questions from the Board concerning
fly and dust control. He confirmed the facility proposes to process various types of materials as
they become available, but it will not be in excess of 100,000 finished tons. Mr. Yost confirmed the
facility will not accept hazardous materials, but, if brought on site, provisions exist to handle the
materials safely pursuant to Development Standard #12. He stressed the importance of the ability
to process other materials for financial purposes. Mr. Yost referenced Development Standard #13
concerning odor control, and Trevor Jiricek, Weld County Health Department, confirmed he has
visited the site often and the flies and/or odors were not considered nuisance conditions. Mr. Yost
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submitted a packet of information for the Board's review which included numerous items reviewed
in his presentation as Exhibit M for the record. Russell Anson, Attorney representing Grandview
Estates' Home Owners' Association, stated Grandview is located one-half mile west of this facility
and consists of 70 lots. He voiced numerous concerns including flies, odor, stagnant water,
driveway entrance, truck traffic, devaluation of homes, future use and expansion of the facility, etc.
He referenced the petitions submitted by the landowners, which were previously submitted and
marked as Exhibits PC -8 through PC -11. Mr. Anson noted the facility is requesting a four -fold
increase in tonnage and voiced further concerns about proposed types of materials. He stated the
Zoning Ordinance provides this type of use must be compatible with the surrounding uses including
present and future development, and the safety, health, and welfare of the neighborhood must also
be considered. Mr. Anson reviewed State regulations and referenced the Comprehensive Plan,
specifically Pages 32 and 47 which were previously submitted and marked as Exhibits PC 6 and
PC -7, and commented on the Town of Mead's Urban Growth Boundary and Mixed Use
Development Areas. He reiterated this proposal will affect future development and noted Urban
Growth Boundary Goal #2 references orderly development. Mr. Anson also referred to a letter from
Gary West, Town of Mead, and noted Mead is presently reviewing its Comprehensive Plan and
proposed IGA with the County for growth in this area. He voiced concerns with the past track
record of the company, which has operated since 1990 without a permit and was cited in April
1994. Mr. Anson requested photographs of the site, which were also previously submitted by
surrounding property owners and marked as Exhibit PC -4, be circulated for the Board's review.
He stated concern about the applicant complying in good faith with the Development Standards and
the types of materials the applicant is proposing to process, reiterating the expansion of the facility
will be four times as large as the existing one. Mr. Anson, therefore, requested the Board deny this
request and answered questions from the Board. Don Jones, property manager on the east side
of Weld County Road 17, stated he has had no discussions with A-1 Organics; however, he
received information from another source and questions whether the proposal meets the intentions
of the Comprehensive Plan. He also stated he has a problem with materials other than agricultural
products being processed and feels the location is not appropriate. Mr. Jones stated this type of
facility promotes commercial and industrial use, while the surrounding area is residential and
proposed for future residential growth. He stated further concerns about traffic on Highway 66,
being a down -wind and down -stream property owner, inadequate drainage control, change of
management or management becoming less diligent, impact on wildlife habitat, increase in the
possibility of off -site accidents, and other materials besides manure becoming the primary
materials. Mr. Jones noted the customer list does not include local agricultural people.
Let the record reflect a recess was taken at this time.
Upon reconvening, Nick Sekich, surrounding property owner, stated his family owns property west
and north of the facility, and he used to use the manure from the dairy on his farm; however, since
it has been composted, he cannot afford it. He, too, noted no local residences use the compost,
and he objects to human waste and animal parts being processed. Janice Hopp, Grandview
Estates, also objected to increasing capacity and the types of materials proposed to be composted.
She stated her family has farmed in the area for 26 years and she does not object to agricultural
odors, etc., which are part of country living; however, the facility is within one-half mile of a
populated area and is not an agricultural use. Ms. Hopp requested certain restrictions be enforced
if this Permit is granted to protect the whole area. Donna Sekich, surrounding property owner to
the north and west, stated she has voiced concerns and numerous complaints since 1991 and
questions what guarantees enforcement. She clarified she does not want human sludge next to
her family farming operation. (Changed to Tape #95-36 during Ms. Sekich's comments.) Jeff
Nissen, Grandview Estates, also voiced concerns about proposed materials to be processed and
increased trucking and stated this facility is big business, which is not for the local farmers. Kathryn
Will, surrounding property owner, stated she has caught A-1 Organics and Mr. Yost in many things
which were never settled. She requested any Board members having monetary interest in A-1
Organics excuse themselves and noted it has taken three women three years to get a response
from the County and/or State authorities. Ms. Will stated stagnant pools of urine have been
observed and the facility should not be next to a housing area. She agreed composting is in the
future, but it should be decided where it is appropriate and who must be protected. Ms. Will
responded she received no satisfaction from the State or County Health Department, and she is
well aware of rules and regulations in government. Ken Lind, Attorney representing Sekich Farms,
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noted disagreement among surrounding property owners and stated, on behalf of his client, the
operation should continue but not be expanded due to problems created by volume and proposed
materials. Mr. Lind submitted the results of research done at CSU, which was entitled "Raw
Manure and Bedding" and marked as Exhibit N. He noted 136,000 tons of raw material are
required to produce 100,000 finished tons of product, which would cause an extreme increase in
traffic. Mr. Lind also submitted "Revised and Additional Development Standards" and "Additions
to Conditions of Approval" as Exhibit O for the record. He made comments on each compromise,
which include revisions to Development Standards #1, #3, and #4, and the addition of Development
Standards #25 and #26 and Conditions of Approval #5 and #6. Mr. Lind also submitted
photographs labeled as "1991, 1993, and 1995 North Boundary of A-1" as Exhibit P for the record.
He also suggested changes to Mr. Schuett's memo to the Board dated September 20, 1995 and
noted, under the Zoning Ordinance, the Board cannot ignore the Town of Mead. Mr. Lind stated
his proposal allows expansion but provides control, and he answered questions from the Board and
reiterated the need for the facility to establish a track record. Ms. Will noted for the record that Mr.
Yost indicated if the production level is limited to 25,000 to 50,000 tons of finished product, it would
not be monetarily feasible. Arvid Fiechtner, surrounding property owner, stated if the operation will
reduce the amount of traffic on Weld County Road 13, he is for it. He noted the beet dump created
more dust and traffic than this facility and most of the neighbors supported the beet dump. He, too,
stated the surrounding property owners are concerned with development. Bill Solomon, Carr,
Colorado, stated he works for a laboratory and is very familiar with composting operations. He
noted the best method of handling organic wastes is composting because it is the most practical
and makes the most sense. Mr. Solomon stated composting is the answer to the problem, not the
problem itself. Mr. Solomon responded composting eliminates a lot of contamination, and he would
rather see composted material applied to land for purification than see raw material applied which
may cause contamination. Jake Salazar, one of the brothers who owns the farm leased by A-1
Organics, stated most of the flies come from the beets, and the composting actually reduces the
number of flies and is much better than piles of raw manure. During his rebuttal, Mr. Yost clarified
what the facility is producing and what the expansion entails. He noted 40,000 tons of finished
product were shipped in 1993-94, with 25,000 to 30,000 tons remaining on site and reiterated staff
has made favorable recommendations for processing other materials. Mr. Yost stated the
subdivision is actually in noncompliance with the Comprehensive Plan. He stated the facility
operates responsibly and addressed the runoff which will be prevented and handled quickly. He
also indicated the numerous number of feedlots in the area which produce flies and odors. Mr.
Yost reiterated composting makes manure more valuable and local farmers do use the product,
even though the agricultural market for composting in Colorado is still soft. He confirmed the traffic
is based on historical data and the projected events for the site at its maximum level is still less
than the number of events created by the beet dump and dairy. Mr. Yost clarified if further
standards are required by the Department of Transportation, the facility will comply. He reiterated
sewage sludge is highly regulated by the EPA and, after composted and passing tests through a
certified lab, is distributed for unrestricted use. He also clarified the facility was not operated
illegally, and Mr. Doak confirmed A-1 Organics has been very active in composting regulations and
verified the State has only a guidance document which was established in 1990. Mr. Doak stated
biosolids are administered under Water Quality Control and the Board of Health requested
composting regulations be addressed; however, not all composting sites will need a certificate of
designation, but all must comply with Solid Waste Regulations. Mr. Yost read two letters of
recommendation into the record, both of which were included in the packet marked as Exhibit M.
He stated the sewage sludge is already processed and composting it turns disadvantage into
advantage. He stressed the desire to be a good neighbor and indicated the proposal was put forth
with the best interests of all in mind. Mr. Yost requested time to consult with the owners concerning
Mr. Lind's proposals. He responded to numerous questions from the Board concerning berming,
drainage control, storage, and responsibly handling waste. He confirmed no animal parts have
been or will be stockpiled or on site. Mr. Yost clarified this is not a solid waste disposal facility and
was not ordered to cease operation. Mr. Jiricek confirmed the facility had, at one time, decided to
close and a closure plan was reviewed; however, the Planning and Health Departments have been
working with A-1 Organics since 1993. He also stated there are some concerns with handling and
storage of sewage; however, there are setback requirements and he, too, prefers composted
material rather than treated material. Mr. Yost further explained municipal biosolids will not be on
site until after aerobic digestion has occurred through a wastewater treatment plant, then the
processed material will be composted.
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Let the record reflect a fifteen -minute recess was taken at this time.
Upon reconvening, Mr. Yost responded to Commissioner Kirkmeyer by explaining the other
materials proposed to be processed are consistent with the Comprehensive Plan because the
facility is providing a product for agricultural purposes, with economical benefit for both agriculture
and urban areas. He stated the facility has a role in the food and agricultural system, creates a
commodity used on farm land by producing a soil amendment, and preserves agricultural uses by
operating a geologically stable processing facility on non -prime land. Mr. Yost reiterated the facility
composts products from farms and puts them back on farms and that the compost is non -restricted
when it meets certain requirements. Addressing Mr. Lind's proposals, Mr. Yost stated the facility
has already reduced the maximum allowed capacity by 30 percent and has worked with the Health
Department extensively. He confirmed the facility will not compost animal parts, which can be
added to Mr. Schuett's revised Development Standard #3. "No dead animals shall be composted
on site" was added as the last sentence of said standard. Concerning Mr. Lind's revised
Development Standard #4, Mr. Yost stated the Health Department should define when the facility
is full. It was determined the following should be added as the last sentence of Development
Standard #4 as it exists in the Planning Commission's Resolution of Recommendation: "The
quantity of materials located on site, composted or raw materials, shall not exceed the maximum
amount of materials that can be located in the windrows for composting at any one time." In
response to Mr. Lind's proposal to add Development Standard #25, Mr. Yost confirmed an annual
report will be filed with the Stated as part of the Certificate of Designation and is addressed in Mr.
Schuett's memo to add Development Standard #6; however, no office exists on site to store
records. He also noted Mr. Lind's proposal to add Development Standard #26 is addressed in Mr.
Schuett's memo to add Development Standard #5, but storage tanks are necessary to prevent
materials being stored on the ground. Mr. Yost consented to add the word "approved" after the
word "other" in the first sentence of Development Standard #5 as proposed by Mr. Schuett and
to add and liquid biosolids stored within approved closed storage tanks" at the end of the last
sentence of said standard. He also agreed to the addition of "and storage procedures" after
"operational procedures" in Mr. Schuett's revised Development Standard #3, and Mr. Schuett
suggested changing "must" to "shall" and adding "to Weld County Planning Department" after
"submitted" and "by the Weld County Health Department" after "approved" in Mr. Lind's proposal
to add Condition of Approval #5. After further discussion, it was also decided to add a last
sentence to said condition as follows: "Landscaping shall be installed within the next planting
season." Mr. Morrison suggested the following be added as the last sentence to Development
Standard #18: "Drainage and retention facilities and landscaping shall be maintained at all times."
Mr. Yost confirmed the State requires financial assurance and reiterated the material is all
compostable, unlike a landfill; therefore, he feels the State's requirements are sufficient. Mr.
Morrison suggested, since the State's requirements are delayed until April 1997, the applicant
could provide a guarantee to the County which would then be rolled into the State program.
Further discussion ensued, and Mr. Yost noted the company is financially sound. Mr. Morrison
confirmed State regulations do exist which provide security through the good standing of a
corporation; however, he reiterated, until the State program goes into effect, financial assurance
in accordance with the proposed regulations is recommended for guaranteeing closure. Mr. Yost
noted the facility's lease requires the site be returned to its original condition as is also required by
the Development Standards. He reiterated the company has operated for 25 years and will comply
with regulations. After further comments, Mr. Schuett suggested the applicant develop and submit
a proposal to staff for the Board's review as addressed in Mr. Lind's proposal as additional
Condition of Approval #6. Mr. Yost requested the Board allow a portable toilet facility rather than
a vault system since it would be easier to maintain and keep clean. Mr. Jiricek stated that would
be acceptable and agreed a portable unit would create less odor and fewer flies, as well as provide
easier maintenance. Said requirement was addressed by adding "if any type of an office facility
is located on the site" after "An individual sewage disposal system is required" in the first sentence
of Development Standard #9. At the request of Commissioner Kirkmeyer, Mr. Schuett suggested
adding "of the facility operator" after "emergency phone numbers" in Development Standard #16c.
After further discussion, it was also decided the following would be added as the last sentence of
Development Standard #19: "The berm shall be lined and designed to contain 120% of the total
tank capacity contained within the bermed area."
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Commissioner Kirkmeyer moved to approve the request of A-1 Organics, c/o Bob Yost, for a Site
Specific Development Plan and Special Review Permit #1059 for a composting facility in the
A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record including the revisions and additions as highlighted and which will read as follows: Revised
Development Standard #3 - The Weld County Health Department and the Weld County Planning
Department shall be notified in writing of any new materials (other than manure\bedding) proposed
for composting. Written approval to proceed with composting shall be obtained from the Weld
County Health Department 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.; Added/New Development Standard #5 - 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 or other processing unit
within 72 hours upon receipt at the facility. This shall not include bulking agents such as wood
chips, grass clippings, etc., and liquid biosolids stored within approved closed storage tanks.;
Added/New Development Standard #6 - Records shall be maintained which include the number
of vehicles delivering raw materials to the site, the amount of tons of raw materials delivered to the
site, the number of vehicles removing finished materials from the site, and the amount of tons of
finished materials removed from the site. An annual report based upon a calendar year shall be
submitted to the Weld County Planning Department on the first day of February of each year and
every subsequent year based upon the previous year's records.; Added Condition of Approval #5 -
The use of the property shall be maintained in compliance at all times with the Colorado
Department of Transportation requirement.; Added Condition of Approval #6 - All required
operation, design and other plans required by either the Weld County Health Department, the Weld
County Planning Department or any entity of the State of Colorado shall be submitted to the Weld
County Planning Department and approved by the Weld County Health Department before any site
improvements or construction takes place. All construction and site improvements must be
completed within sixty days of approval of the USR and CD by the Board of County Commissioners
of Weld County. Landscaping shall be installed within the next planting season.; Added Condition
of Approval #7 - The applicant shall develop and post performance guarantees to ensure removal
of all raw and finished material on site and to return the site to its original condition. The form of
the guarantee and cost estimates shall be reviewed by the Weld county Attorney's office, the Weld
County Health Department and the Weld County Planning Department. The Weld County Planning
Department shall present the agreement to the Board of County Commissioners for final approval.;
Revised Development Standard #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 the 100,000 tons per year, an amendment to the Special Review permit shall be submitted to
the Weld County Planning Department. The quantity of materials located on site, composted or
raw materials, shall not exceed the maximum amount of materials that can be located in the
windrows for composting at any one time.; Revised Development Standard #11 (#9 in Planning
Commission's Resolution, but renumbered accordingly after adding Development Standards #5 and
#6) - An individual sewage disposal system is required if any type of 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.; Revised Development Standard #18 (#16 in Planning Commission's Resolution,
but renumbered accordingly after adding Development Standards #5 and #6) - A metal sign shall
be posted at the facility entrance near Colorado Highway 66. 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; Development Standard #20 (#18 in
Planning Commission's Resolution, but renumbered accordingly after adding Development
Standards #5 and #6) - 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. Drainage and retention facilities and landscaping shall be maintained at
all times.; and Development Standard #21 (#19 in Planning Commission's Resolution, but
renumbered accordingly after adding Development Standards #5 and #6) - Portable fueling
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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. Commissioner Harbert
seconded the motion, and Mr. Schuett confirmed certain changes. Commissioners Kirkmeyer and
Harbert agreed with Mr. Schuett's confirmations, and the motion carried unanimously.
Commissioner Kirkmeyer then moved to approve the Certificate of Designation for said facility, and
Commissioner Harbert seconded the motion, which carried unanimously.
This Certification was approved on the 25th day of September, 1995.
APPROVED:
Weld County Clerk to the Board
BY:
Deputy Clerk$ th oard
vcf
TAPES #95-35 AND.' -36
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DOCKET #95-60 _.
PL1006
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, C.rOLOF DO
!Barbara J. Kirkmeyer, P
'George' Baxter
Constance L. Harbert
I
W. H. Webster
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71171
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 20TH DAY OF SEPTEMBER, 1995:
DOCKET #95-60 - USR #1059 for A-1 ORGANICS, CIO BOB YOST
PLEASE legibly write or print your name and complete address and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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