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Home My WebLink About981534.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant H. Michael Croissant Case Number USR-1190 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution 2 Staff Comments (9 pages) X 3 Department of Planning Services field check form X 4 Field check by Planning Commissioner X 5 Letter to Applicant X 6 Legal Notifications (2 pages) X 7 Application (39 pages) X 8 Referral list X 9 Ft. Lupton Fire Department referral received 05/05/98 X 10 Weld County Health Department referral received 05/12/98 X (6 pages) 11 Weld County Public Works Dept. referral received 05/11/98 X 12 Jack Epple, Planning Commissioner referral received 05/13/98 X 13 Ft. Lupton Planning referral received 5/19/98 X 14 Division of Wildlife referral received 6/04/98 X 15 Platte Valley Soil Conservation District referral received 5/27/98 X (4 Pages) 16 8 1/2 X 11 maps submitted by applicant(4 pages) X 17 Quit Claim Deed (3 pages) X 18 Certificate of Conveyance X 19 Surrounding Property Owners (2 pages) X 20 Soil Survey(8 pages) X 21 A &W Water Service, Inc. Letter submitted X e:" 1 Item submitted at planning commission EXIBIT 981534 /P� I hereby certify that the 21 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Julie A. Chester ❖ Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED and SWORN TO BEFORE ME THIS /7 ' day of :Zeal• 19 98. SEAL &harem, tinG..ef NOTARY PUBLIC MY COMMISSION EXPIRES 0a--Q3 - da- 981534 Page 1 tr 1' LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: USR-1190 Hearing Date: June 16, 1998 Applicant: H. Michael Croissant Address: P.O. Box 987, Brighton, CO 80601 Request: A Site Specific Development Plan and a Special Review Permit for a Composting Facility Legal Description: E2/NE4 of Section 11, Ti N, R66W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to WCR 35, approximately 1/2 mile south of WCR 12 Size of Parcel: 80 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: Weld County Health Department referral received 06/04/98 • Weld County Public Works Department referral received 05/11/98 Division of Wildlife referral received 06/04/98 • Fort Lupton Fire District F-5 referral received 05/05/98 • Town of Fort Lupton referral received 05/19/98 • Platte Valley Soil Conservation District referral received 05/27/98 • Jack Epple received 05/13/98 m1gi193`f Page 2 SPECIAL REVIEW EIE ADMINISTRATIVE REVIEW WI`'Pc. COLORADO PLANNER: Julie A. Chester CASE NUMBER: USR-1190 HEARING DATE: June 16, 1998 APPLICANT: H. Michael Croissant ADDRESS: P.O. Box 987, Brighton, CO 80601 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 WCR 35, approximately 'A mile south of WCR 12 SIZE OF PARCEL: 80 acres PARCEL NUMBER: 1471-11-000007 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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, as amended. 2. It is the opinion of the Department of Planning Services's staff 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 cTh5 3Y Page 3 use cosistent 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. 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 incompatability 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 93153y Page 4 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 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 Department of Planning Services's staff 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 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) q� 153y Page 5 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) 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) cgls3Y Page 6 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. 0 53V Page 7 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. 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. 9571,5- 3 (7 Page 8 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. 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. 9g� S3Y Page 9 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. 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. q? ) s �� a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES • MOO N. 17TH AVENUE C. GREELEY, COLORADO 80631 COLORADO April 20, 1998 H. Michael Croissant P.O. Box 987 Brighton, CO 80601 Subject: USR-1086- Request for a Site Specific Development Plan and Site Plan Review for a composting facility (sawdust & raw manure) in the A (Agricultural) zone district on a parcel of land described as part of the E2NE4 of Section 11, TIN, R66W of the 6th P.M.,Weld County, Colorado. Dear Mr. Croissant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for June 16, 1998, at 1:30 p.m. This meeting will take place in the County Commissioners'Hearing Room, First Floor,Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Fort Lupton Planning Commission for its review and comments. Please call City of Fort Lupton at 970-346-0326 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Fort Lupton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the.property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfu , • Todd A. Hodges EXHIBIT Current Planner II 1 981534 a44PTER SEAL,�c� P.O. BOX 887 FORT LUPTON, COLORADO 80621 5) 303-659-6523 303-623-0737 FAX: 303-857-0637 JUNE 15, 1998 B.O.S.S. COMPOST INC PO BOX 987 BRIGHTON, CO 80601 TO WHOM IT MAY CONCERN: A& W WATER SERVICE HAS BEEN WORKING WITH B.O.S.S. THE PAST TWO YEARS. WE HAVE HAD WATER TRUCKS OUT AT THEIR SITES REPEATEDLY. TOGETHER A& W WATER SERVICE AND MICHAEL CROISSANT HAVE DEVELOPED A PUMPING SYSTEM THAT WILL BENEFIT B.O.S.S. COMPOST, INC.. ONE, 80 BBL TRUCK WITH THE PUMP AND SYSTEM BUILT ON TO IT WILL ALLOW A NUMBER OF TASKS TO BE ACCOMPLISHED. *1. WETTING DOWN PRODUCT IN WINDROWS *2. KEEP DUST & ORDER TO A MINIMUM *3. HAVE THE ABILITY TO USE ON SITE WATER &RUN OFF, BEING CONSERVATIVE IN WATER USE *4. INCREASED PRODUCTION EFFICIENCY THIS TRUCK WILL BE A SPECIALIZED PIECE OF EQUIPMENT AND WILL HAVE BENEFICIAL.CAPABILITIES RELATING TO B.O.S.S. COMPOST INC.'S BUSINESS. ' A & W WATER SERVICE INC. FT. LUPTON, CO • DONALD G. WRIGHT V.P. oX EXHIBIT A iv USE. 1190 mICJ44EL 981534 'ir FIELD CHECK inspection date: June 5, 1998 CASE NUMBER: USR-1190 APPLICANT: H. Michael Croissant LEGAL DESCRIPTION: Part of the E2/NE4 of Section 11, T1N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to Weld County Road 35 Zoning Land Use N A (Agricultural) N Residences, Native grasses E A (Agricultural) E Several SUP's and USR's (see below) S A (Agricultural) S Vacant agricultural, tower, Buffalo Ridge Sub. W A (Agricultural) W Vacant agricultural, abandoned turkey farm COMMENTS: • SUP's and USR's in vicinity: SUP 319, 396 and 454 for Weld County Disposal located in N2/NW4 of 12-1-66 USR 740 for Duckworth in S2/NW4 of 12-1-66 USR 722 for Spears in the NM of Section 12-1-66 (kennel) On site there are piles of compost, an old abandoned turkey farm and a residence. The site is mainly native grasses with several residences to the north and vacant land to the south and west. There is a subdivision being developed in the area to the south. There are also several Special Review Permits to the East in Section 12. (See above) Julie . Chester, Current P anner EXHIBIT 13 991534 Hello