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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1190 FOR A COMPOSTING FACILITY - H. MICHAEL CROISSANT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 29th day
of July, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of H. Michael Croissant, P.O. Box 987, Brighton, Colorado 80601, for a Site
Specific Development Plan and Special Review Permit#1190 for a Composting Facility on the
following described real estate, to-wit:
E% NE% of Section 11, Township 1 North, Range
66 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on July 29, 1998, the Board deemed it advisable to continue
said matter to August 12, 1998, to allow for the sign to be posted for the required amount of
time, and
WHEREAS, at said hearing on August 12, 1998, the applicant was represented by Leslie
Echer, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for
review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall 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.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- 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
981435
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SPECIAL REVIEW PERMIT#1190 - H. MICHAEL CROISSANT
PAGE 2
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 24.4.2.2 -- 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 A (Agricultural)
Zone District.
c. Section 24.4.2.3 -- 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 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the A (Agricultural)
Zone District and with the future development as projected by the
Comprehensive Plan or Master Plan of affected municipalities. The Fort
Lupton Planning and Zoning Department indicated in a referral response,
that the use was is compatible 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 its plat map.
e. Section 24.4.2.5 -- The proposal is not located within the Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- 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.
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SPECIAL REVIEW PERMIT#1190 - H. MICHAEL CROISSANT
PAGE 3
g. Section 24.4.2.7 --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 of County
Commissioners shall be satisfied that a need exists as part of the
determination 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of H. Michael Croissant for a Site Specific Development
Plan and Special Review Permit#1190 for a Composting Facility on the hereinabove described
parcel of land be, and hereby is, granted subject to the following conditions:
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 120
days of approval by the Board of County Commissioners.
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SPECIAL REVIEW PERMIT#1190 - H. MICHAEL CROISSANT
PAGE 4
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.
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.
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.
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.
E. A Fly Abatement Plan shall be submitted to the Weld County Health
Department for review and approval.
F. An Odor Abatement Plan shall be submitted to the Weld County Health
Department for review and approval.
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).
H. The plat shall be amended as follows:
1) To delineate the proposed access point to Weld County Road 35.
2) To identify the legal description of the parcel, including the entire
80 acres.
3) To reflect the approved landscaping plan.
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SPECIAL REVIEW PERMIT#1190 - H. MICHAEL CROISSANT
PAGE 5
I. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
I , WE D COUNTY, COLORADO
ATTEST:
Ni Consta J ce L. Harbe Chair /J
Weld County CI Ato
�
Ch , aitael'
�. f%O W. H. W bster, Pro-Tem
BY: ^ i_�'`e a•
Deputy Clerk\ Ba� eorge Baxter '
APP E AS TO F EXCUSED DATE OF SIGNING (AYE)
Dal K. Hall
unty Attorney
arbara J. Kirkmeyer
981435
PL1260
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. No composting shall take place outside of the designated area shown on the
plat.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. The hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m.
4. The number of full-time employees shall not exceed two.
5. The landscaping on site shall be maintained in accordance with the approved
landscaping plan.
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 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.
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DEVELOPMENT STANDARDS - CROISSANT (USR #1190)
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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 Section 25-12-102, C.R.S., as amended.
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 as 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 complaints (associated with facility) 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 of 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.
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DEVELOPMENT STANDARDS - CROISSANT (USR#1190)
PAGE 3
19. The facility shall have on site at all times and available to the Weld County Health
Department, Weld County Planning Department, and Colorado State Health
Department, 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 of facility.
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., as amended.
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.
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DEVELOPMENT STANDARDS - CROISSANT (USR #1190)
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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.
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 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.
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.
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