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Home My WebLink About20190737.tiffHEARING CERTIFICATION DOCKET NO. 2019-16.A RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0102, FOR AGRICULTURAL SERVICE ESTABLISHMENTS PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY, OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS FOR ANIMAL WASTE RECYCLING OR PROCESSING FACILITIES (PROCESSING POULTRY LITTER) IN THE A (AGRICULTURAL) ZONE DISTRICT - ENGLISH FEEDLOT 2, LLC A public hearing was conducted on February 13, 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, Chris Gathman Public Works Engineer representative, Hayley Balzano Health Department representative, Ben Frissell , The following business was transacted: I hereby certify that pursuant to a notice dated December 13, 2019, and duly published December 18, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of English Feedlot 2, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0102, for Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis for Animal Waste Recycling or Processing Facilities (processing poultry litter) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated the applicant is proposing to build a structure to house equipment for a facility that will process poultry litter into pellets. He further explained the unprocessed litter is stored at an offsite location adjacent to the site, mentioned the waste will be processed into pellets in a fabric quonset building and provided the measurements of the structure. He stated the site will be leased from the property owner, English Feedlot, and indicated the applicant is applying for a Recorded Exemption (RE), RECX18-0167, to separate the USR from the remaining Feedlot Improvements on the property. He explained the reason the applicant applied for the RE, indicated the applicant proposed two (2) full-time employees, and one (1) part-time employee and mentioned they proposed bottled water and portable toilets. He displayed the site map, and mentioned there were letters of opposition received prior to the Planning Commission (PC) hearing. He explained the relation to the poultry storage, which is a separate lease through English Feedlot, indicated the applicant is taking waste from the Sparboe facility and reiterated the proposed use. In response to Chair Kirkmeyer, Mr. Gathman clarified the request of the applicant and reiterated the waste cc PLfCG/TP), Pw(H6), OLt /O@/149 2019-0737 PL2635 HEARING CERTIFICATION - ENGLISH FEEDLOT 2, LLC (USR18-0106) PAGE 2 will be processed from Sparboe. He described the adjacent properties, and stated the site is located within the three (3) miles referral areas of the Towns of Fort Lupton, Hudson and Lochbuie. He included the site is also located within the Fort Lupton/ Weld County Cooperative Planning Agreement (CPA). Mr. Gathman reviewed the received referrals and stated the proposed use is located on approximately 3.6 acres of a 113 acre parcel. He mentioned the proposed facility is an agricultural related use, provided images of the site and surrounding views and entered the favorable recommendation of the PC into the record as written. • Hayley Balzano, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and stated the applicant proposed to use an existing access on County Road (CR) 41. She explained the existing access crosses private property, displayed the access on the map, and referenced Condition of Approval (COA) #1.C, which addresses the easements needed to use the access. She provided the average daily traffic counts of CR 41 to include truck percentages, and stated the application indicated 11-16 dump truck roundtrips and two (2) passenger vehicle roundtrips per day. Ms. Balzano explained the tracking control requirements; and requested the second sentence of COA #5.A be deleted to allow the applicant other forms of tracking control on the private roads. She stated the Department of Public Works (PW) is requiring an Improvements and Road Maintenance Agreement and indicated the applicant is working with PW to meet the drainage requirements. She proposed adding language to COA #1.6 to address drainage, and presented grading requirements. G. Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, and reiterated the applicant proposed up to two (2) full-time employees and possibly one (1) part-time employee during peak season. He stated bottled water and portable toilets are acceptable, and indicated there will be no on -site washing of vehicles, floor drains, or chemical storage. He mentioned the site will be regulated by the Colorado Department of Agriculture, and stated Development Standards (DS) #6-20 address Environmental Health (EH) items. el Mr. Frissell clarified some of the confusion at the PC hearing and explained third -party transfers. He stated Sparboe farm is allowed, by the Colorado Department of Public Health and Environment (CDPHE), to transfer the manure to a third -party; however, the transfer is not regulated under the CDPHE's Division of Agriculture or Solid Waste regulations. He further stated the proposed facility is exempt from solid waste regulations because of the third -party transfer, and is exempt from compost regulations because they meet exemptions under the solid waste regulations. He reiterated the transferring of waste is allowed, and the exemptions make it difficult to associate Development Standards or Conditions of Approval. • After further discussion, Chair Kirkmeyer confirmed the application is exempt from the CDPHE Solid Waste regulations because of its agricultural use, therefore, there is no issue with English Feedlot accepting outside waste. Mr. Gathman stated English Feedlot is a non -conforming use, and Mr. Frissell clarified the applicant does not require a Certificate of Designation, nor fall under other CDPHE requirements. He mentioned since they are not storing the waste onsite, they will not have large stockpiles on the site. Staff clarified the ownership of the parcels on the English Feedlot site and explained how the third party transfer occurs. Mr. Gathman confirmed the applicants were applying for a RE; however, it had not yet been obtained and is included as a COA. The Board and staff further discussed third party transfers in the land use process, and Mr. Gathman provided examples of other third party transfers into agricultural uses. 2019-0737 PL2635 HEARING CERTIFICATION - ENGLISH FEEDLOT 2, LLC (USR18-0106) PAGE 3 el Commissioner Freeman requested clarification on the Drainage Report and the detention pond; however, both will be included in the area not including the future RE. Ms. Balzano explained the water quality request is due to sacks of waste stored on the site. Mr. Gathman explained why the applicant had not yet obtained the RE. Ryan Brandt, applicant for the ReNewTrient, II, LLC, part of the application, stated there was a community meeting held prior to PC and a second time after the PC hearing. He provided an overview of application and how the waste will be processed into pellets. He stated they are targeting organic markets and indicated they will heat the poultry litter to kill pathogens and insect larva, which is a form of bug mitigation. In response to Commissioner Moreno, Mr. Brandt clarified the waste will sit on the English Feedlot site. el Greg Winter, Farm Nutrients, indicated the company also leases land on the English Feedlot site, where they store the waste obtained from Sparboe. In reference to the previous question asked by Commissioner Moreno, Mr. Winter stated the waste could sit on the property for several months, and in response to Commissioner Conway regarding odor, Mr. Brandt indicated there had been no complaints, to his knowledge. He explained, with the divided parcel, it is hard to determine which company will be responsible for odor, if an issue arises. Fi Chair Kirkmeyer provided her stance on the application and confirmed her understanding of the three (3) operations that will occur on the parcel. Mr. Gathman stated the existing feedlot is permitted under, SUP -106, approved in 1971. Chair Kirkmeyer clarified the processing operation will not be on English Feedlot after the RE is finalized. She further reviewed the DS and questioned whether they applied to the Feedlot or the future RE site. She indicated the RE should be taken out so the COAs and DSs can solely apply to the processing facility. El Commissioner Freeman agreed there were a number of DSs that did not apply to the proposed USR; however, he assumed the current USR already encompasses all of the necessary standards. After further discussion, the applicant argued they would be able to process the waste regardless of where the waste is stored prior to being transferred. Mr. Brandt described the site selection of the property and mentioned it did not have to do with the location of the waste storing facility. Mr. Gathman confirmed the entire parcel is 113 acres, has an existing USR, and the applicant stated the RE would be for 3.6 acres. After additional conversation, the Board indicated after the RE occurs, the existing USR will have to be vacated on the new, 3.6 acre parcel to have the new USR. Mr. Gathman provided the timeline for the RE, and the Board agreed the case will need to be continued for the applicant to obtain the RE. In response to Commissioner Conway, Mr. Brandt indicated they would like to start operations by May 1, 2019, and provided the timeline of their project. Ms. Balzano agreed PW could begin their process in the interim. Chair Kirkmeyer stated staff needs to proceed with as many requirements as possible concurrently with the RE process. The Board, staff and the applicant considered a continuance date and after further discussion, the Board agreed on Monday, March 18, 2019. 2019-0737 PL2635 HEARING CERTIFICATION - ENGLISH FEEDLOT 2, LLC (USR18-0106) PAGE 4 El Commissioner Moreno moved to continue the request of English Feedlot 2, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0106, for Agricultural Service Establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis for Animal Waste Recycling or Processing Facilities (processing poultry litter) in the A (Agricultural) Zone District, to March 18, 2019, at 9:00 a.m., to allow the applicant adequate time to process and finalize Recorded Exemption, RECX18-0167, for use in establishing a correct legal description to house the proposed processing operation, request a partial vacation of the underlying Special Use Permit, SUP -105, to remove the newly created Recorded Exemption lot, and initiate the amendment process of SUP -105 on the remainder of the original site. The motion was seconded by Commissioner Conway, and Mr. Frissell requested clarification from the Board on the standards and conditions needed specifically for the USR. The motion carried unanimously. There being no further discussion, the hearing was completed at 11:21 a.m. This Certification was approved on the 20th day of February, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dit(04) ..;e1 Weld County Clerk to the Board BY: Deputy Clerk APP ounty A ttorney Steve Moreno Date of signature: Li/Z/I9 arbara Kirkmeye", Chair EXCUSED DATE OF APPROVAL Mike Freeman, Pro-Tem 7Th P, Conway James 2019-0737 PL2635 ATTENDANCE LIST Rb.19->12..b1 1 ;y'rr NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? 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