HomeMy WebLinkAbout981010.tiff HEARING CERTIFICATION
DOCKET NO. 98-26
RE: SITE SPECIFIC DEVELOPMENT PLAN, CERTIFICATE OF DESIGNATION, AND
SPECIAL REVIEW PERMIT#1129 FOR AN ANIMAL AND YARD WASTE COMPOSTING
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - O.K. FARMS COMPOST %
MYRON CUNNING
A public hearing was conducted on June 3, 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, Gloria Dunn
Health Department representative, Trevor Jiricek
The following business was transacted:
I hereby certify that pursuant to a notice dated May 4, 1998, and duly published May 13, 1998, in
the Platteville Herald, a public hearing was conducted to consider the request of O.K. Farms
Compost for an animal and yard waste composting facility in the A (Agricultural) Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, 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. Dunn stated
this 30 acre site is part of a 320 acre parcel that has been in use since 1996. The operation
composts chicken and feedlot manure, with future plans of composting yard waste. Ms. Dunn also
stated there are no structures on the property at this time, it is in a remote area, and surrounding
uses consist of dryland farming. She explained the applicant will screen the south side of the site
by planting a row of trees which is described in the landscaping plan, and the site has access onto
Highway 52. Ms. Dunn also stated the Health Department requires a portable toilet facility to be
installed, as well as a vault if a maintenance shop is constructed. The site will use bottled drinking
water and a 6,000 gallon tank will be installed for fire protection measures. Ms. Dunn stated the
Department of Planning Services has received two letters of opposition and the concerns of referral
agencies have been incorporated into the Development Standards and Conditions of Approval.
She explained Development Standard#26 was requested by the Planning Commission in response
to surrounding property owners' requests to set a timeframe for the site to be in compliance. Ms.
Dunn stated a Certificate of Designation will need to be addressed by a separate motion.
In response to Commissioner Baxter, Ms. Dunn explained the application has been under review
by the Colorado Department of Public Health and Environment. She received a letter from the
State in February 1998, stating it had completed its review and recommends approval with
conditions. Responding to Commissioner Hall, Ms. Dunn stated the Planning Commission felt one
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year was adequate time for the site to come into total compliance. Mr. Morrison stated it is not
common to accept permits on a temporary basis because the conditions and standards are harder
to enforce. Commissioner Kirkmeyer commented she would like staff to review the site on a
quarterly basis and have the site in compliance as soon as possible.
Trevor Jiricek, Health Department representative, referred to the memorandum he sent to the
Board dated June 1, 1998, and explained he is requesting two additional conditions. He stated the
facility will come into compliance quicker by setting a time frame in which to address all of the
Conditions of Approval, rather than approving a temporary permit, and clarified that the Health
Department does conduct quarterly inspections. In response to Chair Harbert, Mr. Jiricek
recommended Condition #2 from the memorandum replace Development Standard #26, and
Condition #1 replace Development Standard #27. In response to Commissioner Baxter, Mr.
Morrison stated Mr. Jiricek's conditions need to be addressed prior to recording the plat; therefore,
they should be added as Development Standards. If these Conditions and Standards are not met
within a given timeframe, will begin the Probable Cause and Show Cause Hearing process. Mr.
Morrison stated the standard language in Condition#1 requires the Development Standards be met
within fifteen days; however, he suggested setting a more reasonable time frame. In response to
Commissioner Hall, Mr. Morrison clarified the conditions proposed by Mr. Jiricek need to be added
as Development Standards because they need to be addressed prior to recording the plat.
Cal Kuska, Kuska Associates, represented the applicant and gave a brief description of his
qualifications. He explained O.K. Farms does not generate the composting products, they are
brought to the facility. In response to Commissioner Baxter, Mr. Kuska stated most animal
operations have flies and explained the process of turning and spraying the compost piles keeps
the flies to a minimum. He further stated there are other sources of flies in the area and the
Cunnings are good managers. In response to Commissioner Webster, Mr. Kuska explained the
heat from turning the piles kills the larvae, and spraying kills the flies. He further explained that Mr.
Cunning lives one and one-half miles from the site and is aware of any off-site concerns. In
response to Chair Harbert, Mr. Kuska stated the parcel is used for dry land farming and there are
no residences on the site. Responding to Commissioner Hall, Mr. Kuska stated the applicants are
in agreement with the Conditions of Approval and Development Standards and there are only a few
items that need to be addressed before the site is in compliance. Mr. Kuska gave a brief
description of the business costs and management, and explained this operation is providing a safe
and useful product.
In response to Commissioner Kirkmeyer, Warren Cunning, applicant, stated the Health and
Planning Departments requested he get a list of suggested trees to use for the landscaping plan
from the Soil Conservation Service. He explained there are some trees on the site; however, due
to the dry weather, they have postponed planting any new ones and he still needs to meet with the
Soil Conservation Service. Mr. Cunning stated there is a surface water control plan, modified
surface water retention structure plan, dust abatement plan, fly abatement plan, and odor
abatement plan. Mr. Jiricek stated he received a fly abatement plan last summer and he does not
expect the dust and odor abatement plans to take very long to finalize. Following discussion,
Commissioner Kirkmeyer clarified Condition 3.g. requires the applicant to provide adequate
evidence of financial assurance to insure the property can be cleaned up if the operation goes out
of business. She referred to Mr. Jiricek's memorandum expressing concern regarding the handling
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and storage of large uncomposted manure piles. Mr. Cunning explained the piles are ninety
percent composted, a majority of the piles have been moved into smaller windrows which are very
dry and are not producing flies or odors, and the bio-berm is being addressed in the surface water
containment plan. He stated sixty days will provide adequate time for the facility to meet all the
Conditions of Approval and Development Standards. In response to Chair Harbert, Mr. Kuska
explained a bio-berm is constructed with composted materials and is used to control run-off water
rather than create a storage pond. Bio-berms are also used to control highway run-off rather than
hay bales. Mr. Kuska stated this is a pilot study and the Colorado Department of Health may
require the berm to be coated with clay. In response to Commissioners Kirkmeyer and Webster,
Mr. Cunning stated chicken manure is difficult to process and they are currently mixing it with cow
manure, which has improved the fly situation. Responding to Chair Harbert and Commissioner
Baxter, Mr. Cunning explained composting is a very different process than Morning Fresh Farms
process, and stated the manure comes from a chicken plant in Hudson and a dairy in Wiggins. He
also stated it will take ten to fifteen days to meet most of the conditions; however, the berm will
require sixty days. He also stated he will complete the odor and dust abatement plans and submit
them to Mr. Jiricek within sixty days.
No public testimony was offered concerning this matter.
Commissioner Kirkmeyer moved to approve the request of O.K. Farms Compost%Myron Cunning
for a Site Specific Development Plan and Special Review Permit #1129 for an animal and yard
waste 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#1 after the first sentence to state: "The
applicant shall satisfactorily address and comply with all Conditions of Approval and 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 60 days of approval by the Board of County
Commissioners"; and replacing Development Standard #26 with Condition #1 from Mr. Jiricek's
memorandum. The motion was seconded by Commissioner Webster, and it carried unanimously.
Commissioner Kirkmeyer commented that if the Conditions of Approval and Development
Standards are not met within sixty days, the Probable and Show Cause process will go into effect.
Commissioner Baxter stated these conditions and standards will bring the site into compliance
quicker and they will be easier to enforce. Commissioner Kirkmeyer moved to approve the
Certificate of Designation. Seconded by Commissioner Baxter, the motion carried unanimously.
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HEARING CERTIFICATION - O.K. FARMS COMPOST% MYRON CUNNING (USR#1129)
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This Certification was approved on the 8th day of June, 1998.
APPROVED:
ATTEST: 1V+`1ss ��% BOARD OF COUNTY COMMISSIONERS
etr.e. A. WE COUNTY, COLORADO
esci D� •,
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Weld County Cie', to h, ;y�.���>' ��Z1 he
Constance L. Harbert Chair
By: lifaiA
Deputy Clerk to-Me-ran /4/
W. H. Webster, Pro-Tem
TAPE#98-14 foci �/
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or E. Baxter
DOCKET#98-26 J
Dale K. Hall
EXCUSED DATE OF APPROVAL
Barbara J. Kirkmeyer
981010
PL1249
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF JUNE, 1998:
DOCKET#98-26 - O.K. FARMS COMPOST% MYRON CUNNING
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 %�S y
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