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HomeMy WebLinkAbout981095.tiff INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: O.K. Farms Compost Case Number: USR-1129 Submitted or Prepared Prior to Hearing At Hearing 1. Comments 2. DPS Land Use Summary X 3. Staff Recommendation X 4. Planning Commissioner Field check X 5. Staff Field Check X 6. Letter from DPS to applicant X 7. SPO letters 8. SPO !ether: Kit&H. Rosling, dated 4/17/97 X 9. SPO letter: Wade& Kelly Whitfield, dated 4/14/98 X 10. Legal Notification X 11. Application X l 12. Referrals without comments 13. Referral list X 14. Referrals with comments ' 15. CO Dept. Of Public Health & Environment X - 16. Waste Mgmt. Division, dated 2/13/98 :p ' j 17. Weld County Health Dept., dated 4/1/98 X 18. SE Weld Soil Conservation District,dated 8/21/96 X "1 19. Weld County Public Works, dated 8/30/96 &3/2/98 X 20. Colorado Dept. of Transportation, dated 8/27/96 &3/13/98 X 21. Morgan County,dated 8/20/96 X 22. Planning Technician Maps X 23. Deed X 24. Surrounding Property Owner Notification X PC Exhibits 25 SPO letter: Jim& Kathy Cooksey, dated 4/21/98 X 26. SPO letter: Cooksey Farms, dated 4/21/98 X 27. SPO letter: Sharon Croghan, dated 4/21/98 X 28. SPO letter: Robert C. Korthuis X 29. SPO letter: Rodney &Jacqueline Westberg, dated 4/21/98 X 30. SPO letter: Kenneth Rosling,dated 4/20/98 X 31. SPO letter: Rick& Kathy Sirios, dated 4/21/98 X 32. SPO letter: Fred C. Becker, dated 4/20/98 X 33. SPO letter: Roy D. Brown, dated 4/21/98 X 34. SPO letter: Ed & Shirley Sirios, dated 4/21/98 X 3 5 . S P 0 letter: George E. Sigg,dated 3/17/98 X I hereby certify that the 35 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 on April 27, 1998. , Gloria Dunn ,nt Planner 1 •ZM$$IT 981095 STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS agiliday of Opal 1998 . SEAL 0101070 t '/a ctz..+ NOTARY PUBthe My Commission Expires 04 `03- aPOosti 991095 COLORADO PLANNER: Gloria Dunn HEARING DATE: May 21, 1998 APPLICANT: O.K. Farms Compost c/o Oran K. & D. Joy Cunning and Myron L. Cunning ADDRESS: 3422 State Highway 52, Wiggins, CO 80654 REQUEST: Certificate of Designation for an animal and yard waste composting facility in the A (Agricultural) zone district LEGAL DESCRIPTION: W2 of Section 2, TIN, R61W of the 6th P.M., Weld County, CO LOCATION: North and adjacent to State Highway 52; approximately 1/4 mile east of WCR 93 SIZE OF PARCEL: 320 acres Special Review permit area: 30 acres ZONING: A (Agricultural) THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The Conditions of Approval and Development Standards in Use by Special Review permit #1129 will minimize the impacts to surrounding property and the area to the greatest extent possible. The Conditions of Approval and Development Standards will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the county. 2. The composting facility will provide convenience and accessibility for use by surrounding farming operations. 3. The applicants have demonstrated in the submitted application materials its ability to comply with the health standards and operating procedures of the Solid Waste Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS, as amended. 991095 O.K. Farms Compost, Certificate of Designation page two 4. The Colorado Department of Public Health and Environment and the Weld County Health Department have reviewed this request and find, subject to conditions, the use will comply with the Regulations Pertaining to Solid Waste Disposal Sites and Facilities Act, Title 30- 20, Part 1, CRS, as amended. 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 property shall be maintained in compliance with USR-1129, all submitted application materials on file with Weld County, and all requirements of the Weld County Health Department and the Colorado Department of Public Health and Environment. 951.095 Att4; 'ilk LANDSUMMARY SETSHEET COLORADO Case Number. USR-1129 Hearing Date: April 21, 1998 Applicant: O.K. Farms Compost do Oran K. & D. Joy Cunning and Myron L. Cunning Address: 3422 State Highway 52 Wiggins, CO 80654 Request: A Site Specific Development Plan and a Special Review Permit for an animal and yard waste composting facility in the A (Agricultural) zone district Legal Description: W2 of Section 2, Ti N, R61W of the 6th P.M., Weld County, CO Location: North and adjacent to State Highway 52; approximately 1/4 mile east of WCR 93 Size of Parcel: 320 acres Special Review permit area: 30 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 began processing this Special Review permit in August of 1996, at which time the composting facility was already in operation. At that time, referrals were sent; staff was not able to proceed further until the State Department of Public Health and Environment and Environmental Protection Services Division had finished their technical evaluation of the use. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Public Works Department • Weld County Health Department • Colorado Department of Public Health & Environment, Hazardous Materials & Waste Management Division • Colorado Department of Transportation • Morgan County • Southeast Weld Soil Conservation District The Department of Planning Services' staff has not received responses from the following agencies: • Southeast Weld Fire Protection District 991.095 F �Y: AsKirc, SPECIAL REVIEW PERMIT hiDe ADMINISTRATIVE REVIEW COLORADO PLANNER: Gloria Dunn CASE NUMBER: USR-1129 HEARING DATE: April 21, 1998 APPLICANT: O.K. Farms Compost c/o Oran K. & D. Joy Cunning and Myron L. Cunning ADDRESS: 3422 State Highway 52, Wiggins, CO 80654 REQUEST: A Site Specific Development Plan and a Special Review Permit for an animal and yard waste composting facility in the A (Agricultural) zone district LEGAL DESCRIPTION: W2 of Section 2, TIN, R61W of the 6th P.M., Weld County, CO LOCATION: North and adjacent to State Highway 52; approximately 1/4 mile east of WCR 93 SIZE OF PARCEL: 320 acres SPECIAL REVIEW PERMIT AREA: 30 acres PARCEL NUMBER: 148102000001 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' staff that the applicant has shown compliance with Sections 24.3 and 45.4 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 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 "high potential dry cropland" and "other land" by the U.S.D.A. Soil Conservation Service. The application materials state that the least productive area of the 320 acre parcel is used for the composting o•era '• n 991.095 • ; r ,. USR-1129, O. K. Farms Compost Page two b. Section 24.3.1.2-- This proposal is consistent with the intent of the A (Agricultural) zone district. The Agricultural zone district is intended to provide areas for the conduct of agricultural activities without the interference of other, incompatible land uses. Section 31.4.2 of the Weld County Zoning Ordinance allows animal waste recycling facilities in the A (Agricultural) zone district with the approval of a Special Review permit. Conditions of approval and development standards insure that this proposal is consistent with the intent of the Agricultural zone district. c. Section 24.3.1.3 -- The proposed uses will be compatible with the existing surrounding land uses. Surrounding properties are zoned agricultural and used for farming. The subject site is situated in an area of the county which is isolated from neighboring residences, the nearest being more than one mile away. 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 Plans of affected municipalities. Future development in the surrounding area is expected to remain agricultural in nature, in part, due to its remoteness from any incorporated municipalities in the county. 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 in the locational decision for the use. The 30 acre site is part of a 320 acre parcel which is currently used for agricultural production. The area selected for the composting operation is located a relatively short distance from Highway 52, thereby leaving the majority of the farming unit intact. 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 the 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. 991 Qq USR-1129, O.K. Farms Compost, Page three 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 which is fairly remote but one which is easily accessible. Further, the site is "well positioned for short delivery to the farm market which is just beginning to develop in the valley to the north". 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. (Planning) 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, if applicable. (Planning) 3. Prior to recording the plat: a. A landscaping plan identifying the number, size and species of trees to be planted along the south boundary 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 trees and potential replacement of dying materials. (Planning) b. The facility shall demonstrate that the surface water control plan submitted by Tom Gibbens, dated September 10, 1997, has been constructed. At a minimum, the facility shall submit as-built drawings of the drainage features and retention structures to the Weld County Health Department. (Health Department) c. The facility shall provide evidence to the Weld County Health Department that any surface water retention structure has been constructed of a lining material which does not exceed a seepage rate of 1/4"/day (1X10-5 cm/sec). (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 991.095 USR-1129, O.K. Farms Compost Page four 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 Department 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) identifying the legal description of the parcel. (Planning) 2) delineating a 75 foot right-of-way reservation north of the centerline of State Highway 52. (Department of Transportation) 3) to show the location of the future maintenance shop and 6,000 gallon water storage tank. (Planning) 4) to reflect the approved landscaping plan. (Planning) 981095 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 1. The Site Specific Development Plan and Special Use Permit is for the composting of agricultural byproducts (chicken and feedlot manure) and yard waste 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 composting facility's hours of operation shall be limited to 6 a.m. to 7p.m. seven days per week. (Planning) 4. The trees planted on site shall be maintained in accordance with the approved landscaping plan. (Planning) 5. An increase in traffic on State Highway 52 occurring as a result of the composting facility may require future re-evaluation of the access by the Department of Transportation. (Department of Transportation) 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. Submitted 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. (Health Department) 7. The facility shall maintain the surface water control plan as submitted by Tom Gibbens, dated September 10, 1997. (Health Department) 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 the 15-day period following each storm event. (Health Department) 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 place in windrow units 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. (Health Department) P91.095 USR-1129, O.K. Farms Compost Page six 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. (Health Department) 11. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Department) 12. No permanent disposal of wastes shall be permitted at this site. (Health Department) 13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Department) 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. (Health Department) 15. An individual sewage disposal system is required if any type of an 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. A portable toilet facility shall be provided and maintained on site until such time a permanent individual disposal system is installed. (Health Department) 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 the facility) complaints and, in the judgment of the Health Officer, there exists a fly condition requiring abatement. (Health Department) 17. 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. (Health Department) 18. The facility shall have on site and available to the Weld County Health Department, Weld County Planning Department, and Colorado Department of Public Health and Environment, at all times, the specific procedures to handle the following: (Health Department) 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 19. The facility shall be operated in a manner which 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 981095 USR-1129, O.K. Farms Compost Page seven 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 judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Health Department) 20. 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 originate at the facility) is a nuisance condition. (Health Department) 21. 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 Environment. (Health Department) 22. A metal sign shall be posted at the facility entrance near Colorado Highway 52. The sign shall be a minimum of three(3) feet in width and four(4) feet in length. The sign shall state the name and type of operation and emergency phone numbers of the facility operator. (Health Department) 23. 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. (Health Department) 24. 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. (Health Department) 25. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Planning) 26. 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. (Planning) 27. 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. (Planning) 28. 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. (Planning and Health Department) 29. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Major 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 991.095 USR-1129, O.K. Farms Compost Page eight in the office of the Department of Planning Services. (Planning) 30. 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. (Planning) 981.095 FIELD CHECK FILING NUMBER: USR-1129 DATE OF INSPECTION: APPLICANTS NAME: O.K. Farms Compost CURRENT PLANNER: Chris Goranson REQUEST: Site Specific Development Plan and Special Review Permit for an Animal Waste Composting Facility in the A(Agricultural) District LEGAL DESCRIPTION: W2 of Section 2, TIN, R61W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Highway 52; approximately 1/4 mile east of Weld County Road 93 LAND USE: N ZONING: N A(Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: al �) VSL k _ai1At-A60-1€e p (1 /th ane") 1� n t/4 SHOO 981.095 Field Check inspection date: March 3 I , 1998 Case Number USR- 1129 Applicant O.K. Farms Compost Request Site Specific Development Plan and Special Review permit for an animal waste composting facility in the A (Agricultural) zone district Legal Description W2 of Section 2, TIN, R6 I W Parcel Number 1 48 1 0200000 I Location North and adjacent to SH 52; approximately 1/4 mile east of WCR 93 Zoning Land Use N A (Agricultural) N Dryland farming E A (Agricultural) E Dryland farming S A (Agricultural) S Dryland farming W A (Agricultural) W Dryland farming Unsafe Conditions: There are no apparent unsafe conditions on the site Comments: Access to the property is from SH 52, paved. The USR site consists of bare soil with a number of windrows and manure stockpiles situated in a e-w orientation. The nearest residences appear to be I 1/4 miles from the site. The ground is fairly level. Odor generated by the manure stockpiles was fairly minimal on the day I visited the site with Trevor Jiricek, WCHD. r ?i- -c , — Gloria D nn****Current Planner weer 0S:1.O95 5 a DEPARTMENT OF PLANNING SERVICES CT�7 PHONE (970) 353-6100, EXT.3540 FAX ( ) S WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO March 10, 1998 O.K. Farms Compost 12630 Holly Street Brighton, CO 80601 Subject: USR-1129- Request for a Site Specific Development Plan and Special Review Permit for an animal waste composting facility in the A(Agricultural)zone district on a parcel of land described as the W2 of Section 2,TIN, R61W of the 6th P.M.,Weld County, Colorado. Dear Applicant: 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 April 21, 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. 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. Respectfully, • Dunn •nt Planner PSI 095 Hello