HomeMy WebLinkAbout981094.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for passage by the Weld County Planning
Commission along with the addition of Development Standard#26,with subsequent renumbering. Be it
resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1129
APPLICANT: O.K. Farms Compost c/o Oran K. & D.Joy Cunning and Myron L. Cunning
ADDRESS: 3422 State Highway 52, Wiggins, CO 80654
PLANNER: Gloria Dunn
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, R61 W of the 6th P.M., Weld County, CO
LOCATION: North and adjacent to State Highway 52; approximately 1/4 mile east of Weld County Road
93
SIZE OF PARCEL: 320 acres
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 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 operation.
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.
exwieit
981094
RESOLUTION, USR-1129
O. K. Farms Compost
Page 2
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.
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 Planning Commission's recommendation for approval is conditional upon the following:
9'91.09"!
RESOLUTION, USR-1129
O. K. Farms Compost
Page 3
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 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)
991.09
RESOLUTION, USR-1129
O. K. Farms Compost
Page 4
Motion seconded by Christie Nicklas
VOTE:
For Passage Against Passage
Glenn Vaad
Bruce Fitzgerald
Jack Epple
Marie Koolstra
Arlan Marrs
Christie Nicklas
Fred Walker
Stephan Walker
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Wendi Inloes, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 21st, 1998.
Dated the 21st of A il, 19 8.
Wmcid
Wendi Inloes
Secretary
991094
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 7 p.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)
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)
P°1094
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 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)
OC`i O94
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 applicant has one year from the time of approval from the Board of County Commissioners,to
demonstrate compliance with the application, as well as the Conditions of Approval and Development
Standards for final approval. (Planning Commission)
27. 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)
28. 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)
29. 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)
30. 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 in the office of the Department of Planning Services.
(Planning)
31. 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)
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