HomeMy WebLinkAbout951954.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1059 FOR COMPOSTING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -
A-1 ORGANICS, C/O BOB YOST
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 20th day of
September, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of A-1 Organics, do Bob Yost, 16350 Weld County Road 76, Eaton,
Colorado 80615, for a Site Specific Development Plan and Special Review Permit #1059 for a
composting facility in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the WA, SW% of Section 20, Township 3
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Bob Yost, Director of Marketing and New
Business Development for A-1 Organics, 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. 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, Urban Growth
Boundary Area, and Environmental Quality and Natural Resources Goals
and Policies.
951954
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SPECIAL REVIEW PERMIT#1059 -A-1 ORGANICS
PAGE 2
b. The proposed use is consistent with the A (Agricultural) Zone District and is
provided for as a Use by Special Review.
c. 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 farm production and rural residences.
d. No overlay district affects this site.
e. The Special Review Permit Development Standards will provide adequate
protection of the health, safety, and welfare of the neighborhood and
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of A-1 Organics, do Bob Yost, for a Site Specific
Development Plan and Special Review Permit#1059 for a composting facility in the A(Agricultural)
Zone District 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 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. 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.
3. Prior to recording the plat, the facility operator shall submit a fugitive dust plan to the
Weld County Health Department for review and approval, and a copy of the
approved plan shall be submitted to the Department of Planning Services.
4. The facility shall be maintained in compliance at all times with the Mountain View
Fire Protection District.
5. The use of the property shall be maintained in compliance at all times with the
Colorado Department of Transportation requirements.
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SPECIAL REVIEW PERMIT#1059 -A-1 ORGANICS
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6. All required operation, design and other plans required by either the Weld County
Health Department, the Weld County Planning Department, or any entity of the
State of Colorado shall be submitted to the Weld County Planning Department and
approved by the Weld County Health Department before any site improvements or
construction takes place. All construction and site improvements must be
completed within sixty days of approval of the Special Review Permit and Certificate
of Designation by the Board of County Commissioners of Weld County.
Landscaping shall be installed within the next planting season.
7. The applicant shall develop and post performance guarantees to ensure removal
of all raw and finished material on site and to return the site to its original condition.
The form of guarantees and cost estimates shall be reviewed by the Weld County
Attorney's Office, the Weld County Health Department, and the Weld County
Planning Department. The Weld County Planning Department shall present the
agreement to the Board of County Commissioners for final approval.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of September, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
`� D COUNTY, CO •RANO
•�}� Y� �� � �/, //
Dale K. Hall, Chairman
''' h •+' • i Clerk to the Board / /'
°k d'i' / d 4G �.. a�.E"/7..�t/2?/
l' , _L. �, iL arbar J. Kirkmeyer, o-Tem /
BY: i A � � __ ,, ,
Deputy Clerk 0 he Board ,'' L Lame, ,;f 1.K 74
/George E Baxter
APP D AS TO FORM: / eCde{_."--
Constance L. Harbert
ou tyAttorn y 4) j %b. .M4 '
W. H. Webster
951954
PL1006
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
A-1 ORGANICS, C/O BOB YOST
USR#1059
1. The Site Specific Development Plan and Special Review Permit is for a composting facility
for no more than 100,000 finished tons of compost per year in the A (Agricultural) Zone
District as submitted in the application materials on file and subject to the Development
Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. The Weld County Health Department and the Weld County Planning Department shall be
notified in writing of any new materials (other than manure/bedding) proposed for
composting. Written approval to proceed with composting shall be obtained from the Weld
County Health Department 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.
4. The facility shall be limited to processing of 100,000 finished tons of compost per year. In
the event the facility expects to process finished product in excess of 100,000 tons per
year, an amendment to the Special Review Permit shall be submitted to the Weld County
Planning Department. The quantity of materials located on site, composted or raw
materials, shall not exceed the maximum amount of materials that can be located in the
windrows for composting at any one time.
5. 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 or other processing unit within 72 hours upon receipt at the facility.
This shall not include bulking agents such as wood chips, grass clippings, etc., and liquid
biosolids stored within approved closed storage tanks.
6. Records shall be maintained which include the number of vehicles delivering raw materials
to the site, the amount of tons of raw materials delivered to the site, the number of vehicles
removing finished materials from the site, and the amount of tons of finished materials
removed from the site. An annual report based upon a calendar year shall be submitted
to the Weld County Planning Department on the first day of February of each year and
every subsequent year based upon the previous year's records.
7. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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DEVELOPMENT STANDARDS -A-1 ORGANICS (USR#1059)
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8. No permanent disposal of wastes shall be permitted at this site.
9. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
10. 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.
11. 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 sewage disposal system is
installed.
12. The facility shall be operated in a manner to control flies. The fly control plan 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.
13. 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.
14. 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
15. The facility shall be operated in a manner which controls odor. 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. The odor abatement plan
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.
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16. The facility shall be operated in a manner to control fugitive dust at all times. The facility
operator shall implement the approved plan for controlling fugitive dust at the request of the
Weld County Environmental Protection Services Division. Any changes or updates to the
plan for controlling fugitive dust shall be made by the facility operator when requested in
writing by representatives of Weld County.
17. 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 Health.
18. A metal sign shall be posted at the facility entrance near Colorado Highway 66. 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
19. 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.
20. The facility shall comply with all materials submitted as the result of this Certificate of
Designation and Use by Special Review application. These include the USR application
dated March 25, 1995, the geologic and hydrologic conditions dated May 23, 1995, and the
final drainage report dated May 9, 1995. In addition the facility shall comply with all
supplemental materials requested by either Weld County or the Colorado Department of
Public Health and Environment. Drainage and retention facilities and landscaping shall be
maintained at all times.
21. 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.
22. The property owner shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
24. 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.
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25. The Special Review area shall be limited to the plans shown herein 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 and the 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 Weld County Planning
Department.
26. 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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