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HomeMy WebLinkAbout981028.tiff RESOLUTION RE: APPROVE CERTIFICATE OF DESIGNATION - O.K. FARMS COMPOST % MYRON CUNNING 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, on the 3rd day of June, 1998, a public hearing was held in the Chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of considering whether to grant a Certificate of Designation to O.K. Farms Compost, 3422 State Highway 52, Wiggins, Colorado 80654, said site to be located on the following described property: W% of Section 2, Township 1 North, Range 61 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Cal Kuska, Kuska Associates, and WHEREAS, said request for a Certificate of Designation was submitted in conjunction with an application for a Site Specific Development Plan and Special Review Permit#1129 for a composting facility in the A (Agricultural) Zone District which was approved by the Board, and WHEREAS, Section 32-20-104, C.R.S., as amended, requires the Board to take into account certain factors to approve a Certificate of Designation and, having taken into account said factors, finds as follows: 1. The Conditions of Approval and Development Standards included in USR #1129 will minimize the impacts to the 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. 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. 981028 PL1249 '(L: ph . c4C` c d,vMAI&- CERTIFICATE OF DESIGNATION - O.K. FARMS COMPOST% MYRON CUNNING PAGE 2 3. Section 45.4.2 --Applicants for activities reviewed pursuant to Section 24 for any Solid Waste sites and facilities or Hazardous Waste Disposal Sites 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Certificate of Designation for O.K. Farms Compost % Myron Cunning, on the hereinabove described real property be, and hereby is, granted subject to the following condition: 1. The property shall be maintained in compliance with the submitted application materials on file for USR#1129 and all requirements of the Weld County Health Department and the Colorado Department of Health. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A ems, ATTEST: '��'�7j,irn, s�ee - ilkConstance L. H rbert, hair Weld County Clerk A r- gt dva►`• � W. H. ebs er, Pro- em BY: -A0112. era, .72r Deputy Clerk to tW:ri'r N1. e Ann, rge . Baxte APP r" 0 FORM: Dale K. Hall County torney EXCUSED Barbara J. Kirkmeyer 981028 PL1249 At. 4 ' 47111 BOARD OF COUNTY COMMISSIONERS PHONE (970) 356-4000, EXT.4200 FAX: (970) 352-0242 O P.O. BOX 758 • GREELEY, COLORADO 80632 COLORADO WELD COUNTY, COLORADO CERTIFICATE OF DESIGNATION In accordance with the provision of Sections 30-20-101 through 30-20-115, CRS, as amended, the Board of County Commissioners of Weld County, Colorado, hereby grants a Certificate of Designation for a composting facility in the A (Agricultural) Zone District. Location of Site: WA of Section 2, Township 1 North, Range 61 West of the 6th P.M., Weld County, Colorado • Name and Address of Responsible Operator: O.K. Farms Compost 3422 State Highway 52 Wiggins, Colorado 80654 This Certificate of Designation may be temporarily suspended or revoked, after reasonable notice and public hearing, for cause as outlined in Section 30-20-112, CRS, as amended. Issued this 3rd day of June, 1998, at Weld County, Colorado. j� Signed: +,r�S-l.t u p5 /�c��L c (_' 4/ Constance L. Harbert, Chair Board of County Commissioners Hello