HomeMy WebLinkAbout981436.tiff HEARING CERTIFICATION
DOCKET NO. 98-43.a
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
COMPOSTING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - H. MICHAEL
CROISSANT
A public hearing was conducted on August 12, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Julie Chester
Public Works representative, Don Carroll
Health Department representative, Trevor Jiricek
The following business was transacted:
I hereby certify that pursuant to a notice dated June 26, 1998, and duly published June 26, 1998,
in the Platteville Herald, a public hearing was conducted on July 29, 1998, to consider the request
of H. Michael Croissant for a Site Specific Development Plan and Special Review Permit#1190 for
a Composting Facility in the A (Agricultural) Zone District, at which time said matter was continued
to August 12, 1998. At said hearing on August 12, 1998, Lee Morrison, Assistant County Attorney,
made this a matter of record. Julie Chester, Department of Planning Services representative,
presented a brief summary of the proposal and entered the favorable recommendation of the
Planning Commission into the record as written. Ms. Chester gave a brief description of the location
of the site and stated the use is compatible with surrounding uses. Ms. Chester indicated a letter
from Trevor Jiricek, Health Department representative, dated July 13, 1998, marked Exhibit E,
stated he visited the site along with Brenda Lujan of the Colorado Department of Public Health and
Environment. The applicant responded with a letter dated July 27, 1998, marked Exhibit F. In
response to Commissioner Kirkmeyer, Mr. Jiricek stated the Certificate of Designation (CD) should
be considered for approval in this hearing. In response to Mr. Morrison, Mr. Jiricek stated the State
Health Department is recommending approval of the facility; however, they did not request a CD.
Ms. Chester stated she read Sections 45.4.1 and 45.4.2 of her recommendation into the record at
the Planning Commission hearing. In response to Commissioner Baxter, Mr. Jiricek stated the
State's concerns are addressed in the Conditions of Approval and Development Standards. Mr.
Morrison clarified the minutes of the Planning Commission hearing do not indicate that a motion was
made on the CD. Ms. Chester stated the CD may be included with USR#1086, which was applied
for two years ago. Mr. Jiricek stated there is not a formal application or paperwork for a Certificate
of Designation. Mr. Morrison stated the Board can act on the Special Review Permit portion of the
application and wait for the Planning Commission to act on the CD before continuing further. He
further stated it is not clear what the State recommended for approval and the Board cannot approve
a Certificate of Designation without a State recommendation. In response to Commissioner
Kirkmeyer, Mr. Jiricek stated the Colorado Department of Health sent a letter to Shani Eastin,
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previous planner, dated November 14, 1997, recommending approval and stating they reviewed the
CD application. In response to Commissioner Kirkmeyer, Mr. Morrison stated the Planning
Commission must act on the CD and give a recommendation to the Board. Responding to Chair
Harbert, he stated his concern with acting on this application without the CD is that the criteria may
not be the same as it was when the State approved it two years ago. In response to Commissioner
Kirkmeyer, Mr. Jiricek stated the use has not changed and they are working with the facility
regarding lining the working area and stormwater retention ponds rather than using groundwater
monitoring. In response to Chair Harbert, Mr. Morrison stated the facility can commence
construction; however, they cannot accept waste at the site until the CD is approved. Mr. Jiricek
stated the facility has already been in operation for over two years, and added that he and the State
Health Department recently inspected the site and does not anticipate a problem. Following
discussion, Chair Harbert called a five minute recess for staff to research what is required by statute
regarding the Certificate of Designation.
Upon reconvening, Mr. Morrison stated the Planning Commission does not act on Certificates of
Designation; however, the Board does need to make some additional findings. Mr. Morrison called
up the Application for a Certificate of Designation for Special Review Permit#1190. In response
to Commissioner Baxter, Mr. Jiricek stated the applicant decided to proceed with the hearing
process using the current application, and is requesting an administrative amendment to indicate
the facility will be lining the ponds rather than using groundwater monitoring. In response to
Commissioner Hall, Don Carroll, Department of Public Works representative, stated the applicant
will be using Weld County Road 35 rather than Weld County Road 12 as a haul route, and indicated
the applicant has signed an agreement with Martin Brothers, owners of the Buffalo Ridge
Development, to improve the access onto Weld County Road 35 and install a drainage culvert.
Commissioner Kirkmeyer clarified Buffalo Ridge is to the south of this application. Responding to
Commissioner Hall, Ms. Chester stated the application indicates one semi-tractor trailer will be
bringing composting materials into the site three days per week.
Leslie Echer, from Echer Echer Research, represented the applicant, and read a portion of the
agreement discussed above for the record regarding the extension of Weld County Road 35. Mr.
Echer stated both the County and State Health Departments have looked at the site and report the
site has completed 95 percent of the requirements. He added the surveyor's report should be
completed within the next thirty days. In response to Chair Harbert, Mr. Echer stated the compost
is sold at wholesale to building sites. H. Michael Croissant, applicant, added he is expecting to
receive three semi loads per week, and he explained composting shrinks the materials by 40
percent before it leaves the site. Responding to Commissioner Webster, Mr. Croissant stated the
raw material is received from surrounding farmers and ranchers. Commissioner Kirkmeyer
commented other composting facilities have had a Development Standard or Condition of Approval
requiring the facility be 200-300 feet from any residential area. Ms. Chester stated Buffalo Ridge
is approximately one-half south of the facility, and it does have a Right to Farm Covenant on its plat.
In response to Commissioner Kirkmeyer, Ms. Chester stated the facility is already located in the
southern portion of the 80 acres and reiterated that the facility is already in operation. Mr. Echer
stated the site will not be moved any further south and they have designated 10 acres as a divider
between the facility and the Buffalo Ridge Development. Ms. Chester stated the applicant will put
in landscaping on the north and east sides of the property to help mitigate dust and odor.
Responding to Chair Harbert, Ms. Chester stated the recommendation from the Soil Conservation
District did not request landscaping on the south. Commissioner Kirkmeyer requested there be an
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additional Condition of Approval or Development Standard stating the facility will not move any
further south. In response to Commissioners Webster and Kirkmeyer, Mr. Echer gave a brief
description of the facility's fly abatement plan, and stated they do not anticipate needing more than
two employees. No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Ms. Chester stated the applicant is requesting they be
granted 120 days to meet the Conditions of Approval. Mr. Jiricek added there are no composting
regulations as referenced in Development Standard#24; however, he included that Standard so the
facility is required to comply with any future regulations. In response to Commissioner Kirkmeyer,
Mr. Morrison stated Development Standard #24 cannot be referenced in a Condition of Approval
because there are no regulations to comply with prior to recording the plat. Mr. Jiricek stated
Development Standard #8 is in compliance with CAFO regulations, and they have requested the
applicant line the ponds due to the geography of the area. Responding to Chair Harbert, Mr. Jiricek
gave a brief description of the groundwater monitoring process. In response to Commissioner
Kirkmeyer, Mr. Morrison suggesting adding wording to Development Standard #1 to state, "No
composting shall take place outside of the designated area shown on the plat." In response to
Commissioner Baxter, Commissioner Kirkmeyer clarified the issue of what is allowed to be
composted is addressed in Development Standard #6.
Commissioner Kirkmeyer moved to approve the request of H. Michael Croissant for a Site Specific
Development Plan and Special Review Permit#1190 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, changing
Condition of Approval #1 from "15 days" to "120 days", and adding wording to Development
Standard #1 as discussed above. The motion was seconded by Commissioner Baxter, and it
carried unanimously. Mr. Morrison listed additional items of consideration regarding approval of the
Certificate of Designation for the record. Commissioner Webster stated that the applicant has met
the criteria as stated by Mr. Morrison and moved to approve the Certificate of Designation.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
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This Certification was approved on the 17th day of August, 1998.
APPROVED:
ATTEST: ' ��� BOARD OF COUNTY COMMISSIONERS
e. 1 1il� tj.t
✓' WELD COUNTY, COLORADO
Weld County ' le • • _ : ��>sc�>Gj ,'Yi
icct Constance L. Har ert, hair
BY:
Deputy r !' 4 /, jh
W. H. Webster, ro-Tern
TAPE #98-21 ,
eorg . Baxter
DOCKET#98-43
EXCUSED DATE OF APPROVAL
Dad K. Hall
40 �J//K r .1gLCIXA_____-
arbara J. Kirkmeyer
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF AUGUST , 1998:
DOCKET#98-41 - KERMIT BOHRER
DOCKET#98-43 - H. MICHAEL CROISSANT
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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