The URL can be used to link to this page

Browse Search

Home My WebLink About20190868.tiffHEARING CERTIFICATION DOCKET NO. 2019-27 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0095, FOR A CLASS I COMPOSTING FACILITY PURSUANT TO THE COLORADO REGULATIONS PERTAINING TO SOLID WASTE DISPOSAL SITES AND FACILITIES 6-CCR 1007-2, SECTION 14 FOR A CLASS I COMPOST FACILITY AND AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY ENGAGED IN PERFORMING ANIMAL HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS, INCLUDING: SEED PRODUCTION, PROCESSING, STORAGE, MIXING, BLENDING AND SALES IN THE A (AGRICULTURAL) ZONE DISTRICT — FRONT RANGE DAIRY, LLC A public hearing was conducted on March 6, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Public Works Engineer representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated January 28, 2019, and duly published Februaryl , 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Front Range Dairy, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0095, for Class I Composting Facility pursuant to the Colorado Regulations pertaining to Solid Waste Disposal Sites and Facilities 6-CCR 1007-2, Section 14 for a Class I compost facility and an Agricultural Service Establishment primarily engaged in performing animal husbandry or horticultural services on a fee or contract basis, including: seed production, processing, storage, mixing, blending and sales in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and provided the adjacent County roads. He indicated the site is on a newly created parcel through Recorded Exemption, RECX18-0107, and is located within the Coordinated Planning Agreement areas for the Towns of Fort Lupton and Firestone. He reviewed an email response from the Town of Fort Lupton, indicated the site is located within the three (3) mile referral areas of various towns and cities, and reviewed additional referrals. He stated the proposed facility is located on Lot D of the Recorded Exemption and indicated no correspondence or phone calls were received prior to the Planning Commission (PC) hearing. He reviewed the application and the buildings associated with the business. He stated the facility is classified as a Class I Compost Facility by the Colorado c.c.' PI-(K5o(TP), Pw C EP), S t -t U F) 01 000! tat 2019-0868 PL2643 HEARING CERTIFICATION - FRONT RANGE DAIRY, LLC (USR18-0095) PAGE 2 Department of Public Health and Environment (CDPHE), indicated the facility will register with the Solid Waste Division and mentioned the registration, regulation and certificate requirements of the facility. Mr. Ogle indicated the facility will include vegetative waste and other materials as determined by the CDPHE. He stated the proposed site will be low -risk, described the use, indicated three (3) to seven (7) full-time employees will be working on the site during business hours, and mentioned there may be minimal fuel storage, and minor vehicle maintenance may occur. He briefly explained the outdoor lighting, and stated 14 agencies reviewed the application and five (5) offered comments. He entered the favorable recommendation of the Planning Commission into the record as written. IR Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and stated the site is accessed from CR 20. He provided the average daily traffic counts and speeds, and stated the Department of Public Works (PW) is requiring tracking control for the site. He mentioned there is a Condition of Approval (COA) for an Improvements and Road Maintenance Agreement and indicated a preliminary drainage report has been submitted; however, there will need to be a finalized drainage report prior to recording the map. • Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated there will be up to nine (9) full-time employees. He indicated water will be provided by the Central Weld County Water District (CWCWD) and mentioned a newly engineered septic system will be installed which will be required prior to the issuance of the Certificate of Occupancy. He explained small amounts of fuel will be stored on the site, and stated the facility can only process materials described in the composting plan and must comply with the plan, which will be approved by the CDPHE. Lastly, Development Standards (DS) #9-25 address Environmental Health (EH) items. O Tim Naylor, AGProfessionals, represented the applicant and reviewed his PowerPoint presentation. He reiterated the facility does not require a Certificate of Designation, and mentioned the requirements for the Class I compost facility. He reviewed the site plan and described the Recorded Exemption parcels. He showed the nearest residences, mentioned the visual and noise mitigation and described the site selection. He explained the CDPHE requirements and briefly mentioned the composting that will occur. He provided engineer calculations for the wastewater pond and stated it will be an organic compost facility. In response to Chair Kirkmeyer, Mr. Naylor described an adjacent dairy, and the odor threshold. In response to Commissioner Conway, Mr. Naylor discussed the nuisance fly mitigation plan. • No public testimony was offered concerning this matter. • Mr. Naylor indicated no concerns with the Conditions of Approval or Development Standards and in response to Chair Kirkmeyer, he confirmed there is a Nuisance Management Plan. Mr. Frissell clarified the odor threshold. 0 In response to Commissioner Moreno, Mr. Naylor provided clarity on discussion that occurred at the Planning Commission (PC) hearing and in response to Chair Kirkmeyer, he redescribed the nearest residences. Mr. Naylor further stated there were two (2) surrounding property owners (SPO) at the Planning Commission hearing and stated their concerns had been addressed. 2019-0868 PL2643 HEARING CERTIFICATION - FRONT RANGE DAIRY, LLC (USR18-0095) PAGE 3 e In response to Commissioner Conway, Mr. Naylor explained why Planning Commissioner Holland voted against the application at the PC hearing. ki Chair Kirkmeyer stated the original COA #1.A (Recorded Exemption) had been deleted and after explanation of the Lighting Plan, the Board agreed to delete the associated COA #1.C (Lighting Plan). Chair Kirkmeyer suggested changing the language in COA #1.D from "surrounding property owners" to "adjacent existing residential properties" (Screening Plan). She further requested adding a new COA #1.F regarding a Nuisance Management Plan, and stated the language, "in accordance with the approved Screening Plan" in DS #5 should be moved to DS #7. She suggested a new DS #8 to reflect the new COA regarding the Nuisance Management Plan. After some discussion regarding the noise standard, the Board agreed to delete DS #21. In response to Chair Kirkmeyer, Mr. Naylor reviewed the expected traffic associated with the site, and Mr. Pinkham reiterated the traffic counts with the average speed. After further discussion, the Board and staff agreed to delete COA #1.D (Improvements and Road Maintenance Agreement), and DS #30- #31(Improvements Agreement). la In response to Chair Kirkmeyer, Mr. Naylor indicated the applicants have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Chair Kirkmeyer opened the hearing for public testimony regarding the changes to the Conditions of Approval and Development Standards, with no public testimony in response. Commissioner Freeman moved to approve the request of Front Range Dairy, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0095, for a Class I Composting Facility pursuant to the Colorado Regulations pertaining to Solid Waste Disposal Sites and Facilities 6-CCR 1007-2, Section 14 for a Class I compost facility and an Agricultural Service Establishment primarily engaged in performing animal husbandry or horticultural services on a fee or contract basis, including: seed production, processing, storage, mixing, blending and sales in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 12:09 p.m. 2019-0868 PL2643 HEARING CERTIFICATION - FRONT RANGE DAIRY, LLC (USR18-0095) PAGE 4 This Certification was approved on the 11th day of March, 2019. BOARD OF COUNTY COMMISSIONERS WE� D COUNTY, COL ADO ATTEST: ddavo v ,,4 •,A Weld County Clerk to the Board BY: Deputy Clerk "o the Board �y.�j�� . Conway Barbara Kirkmeyer, hair County Attorney Mike Freeman, Pro -Tern Date of signature: 1+-26-1q 2019-0868 PL2643 ATTENDANCE LIST ��.�t� ��,�,� .�,_�,�� ;'°,r!�.'.� ,�P��7>,r��.,,� �°��.•��r> ;^4 :�'��, NAME - PL�,A�� F�RINT LEGI�LY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF SPEAKING RESIDENCE (�IN)? ;, ' ,,. �� ,� r �;.; `-,. i:.. � � � p , � �; i� � � �� p , r�' ; � � / � � �_. � ��.rt�: ) ��...� a � f" �'��° �. '��'-G ,�,��..,,�p �'C_�.'��',.;'",d`M�tri� �t t':a�'�,!,..-c'j.. e. f:_ � ` � F� � � �, /� Q . .' ' :„� �W � t V" `��€l e I 4 e,:^; . _ . �j k ' { �^ r r�..� � � .� � � ....� . . � j �i. ' <�fi•-_. "_ � �— .. �� .i" t ,, 1 f 1��.�",�_�'`� � r� � .�-� ��; a i. ��_.1_ ��-�.r,-�,n�t�W j/�� / a ��, / �% �� . F , � . e+...� �~ .. � .!. ,.�, Il..S.�- !'T.-r�t � ._G jw) /'�^�c-��''F.L.— '�-�.-k��.;��-; �. S._.t,�.. s'= 7 � �� ' f S l� Gfinq+�ca 1�' . g'e-, �d^��^ �'E`.i.�^+ ��;f"3,.�� .� t �`� V'-�.��_�_= 4i=� � `� �`�� e � r) �} �+ ��--✓�C.� 'ti'''� ' ,..�. � ! , � -"{- !�` �r lr �:� �"C ` � r� p �� y � ' � ' _ ✓ iy, . ,;�, •, �C q � `�y .F I' 1 _ : � yd ° \ C "� �7 9 �f �'�_,v �¢v. r�� p y C". .- � ' / � ��.:.f � '��' �.a J' `f/ � ...::, �4�+ „'_ .F. "-z'.).: ��..:,�,d yS.+ �. �,h r 1 r� '�-....t C,�� F �".. C . d o, � �,,.�; / A� `�.� �� \ _ • u,�?� � _ �,j . ° -~-°��`. s�'��—��-l��;��`� a� `��d-�`'�,�, ,� �� "' '�P `� r ��, �} � s ,� � _ • . '� l�"�, i�, ��'�_:'�^� � � �.,; �^7. '�`�<-.,,��'�� , � �,�: .r;�,. �. .. . �' f � ._-. � - `` � ��l1�� "�'U/U� ��i��.l�'�,�J I`�� 7 Vr�� V � `J��"�', �u>�C�Y Ga+ - �C�� . .IP-�'t�li�� 1.�!�.. (�1.; ��y.t.�. 7�' _�g � +. ,- ", E � �'P l, ,.,�' ' �) 1 1(,� 1 , f, � � �i ,.,c�� ..�,.N,. � � .�- �r�- �� -�"-M=�'_ ,�,,�-• U0.� r �-� ,�� g/s�*�,, �Ar,�',e � ,t "6 �� /�, � -c. � ,� �-j ! , � �, �t 1 G�4�'� �T,��.ti,�n '"�'�r" l ( C-� �� °� '�� f 11'i� ��r`� �d :�"P �'`1:.� ^-�,�'�t L� ("� �1 r / � „ ,� � � � `� � �✓� � � ��i� ) -1� ��R'" �t / �"a:..�/�� t,��i'',=� ��.l�; �� A�°'�� ''-'�� rF� r�y, ! � � f t � r �� f .�. r .� � ��, !1 L 'r(M F � � � ll �✓�l� � -�. �, x ��. ,., F�;n...`�,��:s.wt �f �`'`�i"�`� f,.� t.�--�`�� -- <. �v �„�`�6�:� h,�f c��s �"a' �,`"� �u � ��- �� Et�-<�{,�C��ci^�.� �`=�'�� j c�j vi� 4:`�`�.�.," `.`��.„E�"'8 K�'�'i` " C�\.c5 �l�1 �,tii z� � �e�� .��-�� " ,�i �� .a�' , � �, �,..G'� y.-��;'�--.��?,��,� 4,`� � ,� � -' �. �`"f �V�:� �� E �w i' � ,1l��a�. .,, �� ( %� p t� i`� ��}� L�P-'��1 i�- �� y — �` � �4 _ �� t/�i� � `�l-'l. ' �� ,. �r�� /ri q� .� J"�` j�/i�1 � �•�� U��`'�1 V'r ��£t��ilf��`�G iPl � P�� ' �- � :?_.�� Hello