HomeMy WebLinkAbout20190855.tiffRESOLUTION
RE: APPROVE 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
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 6th day of
March, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Front Range Dairy, LLC, 9743 CR 16, Ft. Lupton, CO 80621, 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, on the following described real estate, being more particularly
described as follows:
Lot D of Recorded Exemption, RECX 18-0107;
being part of the SE1/4 of Section 15, Township 2
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
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A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.A (A.Goal 1) states: "Respect and encourage the
continuation of agricultural land uses and agricultural operations for
purposes which enhance the economic health and sustainability of
agriculture. "A result of being one of the country's largest producers
of agricultural products, is the generation of a large amount of
agricultural waste. Agricultural waste results from the raising of
crops or animals, leading to animal manures and crop by-products,
both of which may be returned to the soils as fertilizer or soil
conditioners. Improperly managed agricultural waste can impact
public health. Agricultural waste must be managed and processed
appropriately to protect human and environmental health. The
applicant, Front Range Dairy, LLC, is proposing a Class I compost
facility as classified under Colorado Department of Public Health
and Environment (CDPHE) Regulation 14.2.1(C). The facility will
register with the Solid Waste Division and provide Financial
Assurance and a Composting Plan. The dairy, adjacent to the south
coupled with the Eagle View Dairy, generates a substantial volume
of animal waste that will be transported to this site for composting
and processing.
2) Section 22-2-20.G.1 (A.Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The surrounding
properties are mostly agricultural in nature, with limited mineral
resource development facilities permitted for the acquisition,
transmission and processing of oil and natural gas to a commercial
market.
3) Section 22-4-200.A.1 (AW.Policy 1.1) states: "The County
encourages the composting of agricultural waste." The manure
waste stream generated by the Dairy is processed in a manner that
limits the human and environmental health impacts through
appropriate handling, storage, and processing practices. The end
result is a new income stream made possible by the sales of the
compost.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Land Use goals and policies should
support a high -quality rural character which respects the agricultural
heritage and traditional agricultural land uses of the County. Rural
character in the County includes those uses which provide rural lifestyles,
rural -based economies, and opportunities to both live and work in rural
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areas. Section 23-3-40.B.9 allows fora Site Specific Development Plan and
Use by Special Review Permit for Seed production, processing, storage,
mixing, blending and sales, and Section 23-3-40.6.12 allows for Animal
waste recycling or processing facilities, including composting facilities in
the A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pasture lands, production agriculture, and rural residences. The closest
residences are located approximately 1,300 feet to the east and 1,700 feet
to the west, on the north side of County Road 20. There are multiple USRs
within one (1) mile of the site. North of the property are USR-710 (200 dog
kennel), USR-812 (single family residence), 1MUSR17-13-0026 (Mineral
Resource Development Facilities), SUP -64 (Turkey Farm), AMUSR-1120
(Equestrian Center), MUSR13-0017 (Mineral Resource Development
Facilities), MUSR12-0002 (Oil and Gas Support and Service Facility), and
USR13-0049 (Non -1041 Major Facility of a Public Utility or Public Agency
- 16 -inch pipeline). There are no USRs within a mile to the east of the
property. South of the property is SUP -118 (Turkey Farm), USR12-0034
(Agricultural Services — Dairy), USR-1184 (Equine Boarding, Breeding and
Training), 1 MUSR17-14-0015 (Mineral Resource Development Facilities),
SUP -62 (Turkey Farm), AMSUP 238 (Compressor Station), and USR-331
(Compressor Station). To the west are USR-1063 (24 -inch High Pressure
Gas Pipeline), and USR13-0049 (Non -1041 Major Facility of a Public Utility
or Public Agency - 16 -inch pipeline), as previously discussed. The Weld
County Department of Planning Services sent notice to twenty (20)
surrounding property owners, and received no correspondence or
telephone calls from surrounding property owners within 500 feet of the
parcel or from interested persons. The Conditions of Approval require that
the applicant submit a Screening Plan. The Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land
uses and the region.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the Coordinated Planning Areas
for Fort Lupton and Firestone. The City of Fort Lupton returned an email
response, and the Town of Firestone did not respond within 21 days of the
applicant submitting and contacting the Town with the Notice of Inquiry
Form on August 2, 2018, as required per the Coordinated Planning
Agreement. The site is located within the three (3) mile referral area of the
City of Fort Lupton, Town of Frederick and Town of Firestone. The City of
Fort Lupton in their referral comments, dated from September 21, 2018,
indicated they are interested in having a conversation with the property
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owner concerning the potential benefits of annexation. If the property owner
does not wish to discuss options, then the City has no concerns.
Additionally, the City is requesting future right-of-way of eighty-five (85) feet
for County Roads 20 and 24 per the City Transportation Plan. The Town of
Frederick, in their referral dated October 1, 2018, had no concerns. The
Town of Firestone did not respond to the referral request.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Special Flood Hazard Area, MS4 area or
the Airport Overlay District. Building Permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 21 acres of "Prime
(Irrigated)" and approximately 100 acres of "Other Lands" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the USR Map:
A. The applicant shall submit written evidence of a current Class I Compost
permit and associated financial warranty from the Colorado Department of
Public Health and Environment (CDPHE), Solid Waste Division, for this
facility.
B. The applicant shall submit a Screening Plan that screens the site from
adjacent existing residential properties and public right-of-way.
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C. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
D. The applicant shall submit a Nuisance Management Plan for review and
approval by the Department of Planning Services.
E. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0095.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall show the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The applicant shall show the office/warehouse, shop and
associated improvements associated with the USR land use permit
and label accordingly.
6) The map shall delineate the screening.
7) The map shall delineate the lighting, which shall adhere to the Weld
County Code.
8) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
9) The map shall delineate the parking area for the vendors,
customers, and/or employees.
10) County Road 20 is a paved road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
11) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
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12) The applicant shall show and label the approved tracking control on
the site plan.
13) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
14) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf), or one (1) paper copy of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. Prior to Construction:
A. The approved Access and Tracking Control shall be constructed prior to
on -site construction. This site requires a tracking control device and 100
feet of asphalt or 300 feet of asphalt for tracking control.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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5. Prior to the issuance of the Certificate of Occupancy:
A. An on -site wastewater treatment system is required for the proposed facility
and shall be installed according to the Weld County On -site Wastewater
Treatment System (OWTS) Regulations. The septic system is required to
be designed by a Colorado Registered Professional Engineer according to
the Weld County OWTS Regulations.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to
APP :e• ►AST
ounty Attorney
Date of signature: 1-119/1q
:41
arbara Kirkmeyer, ' hair
Mike Freeman, Pro-Tem
ames
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRONT RANGE DAIRY, LLC
USR18-0095
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0095, is
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
agricultural, 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, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 24 hours a day, 7 days a week, with the primary hours of
operation being 7:00 a.m. — 5:00 p.m., Monday — Saturday.
4. The number of full-time employees on the site shall be nine (9).
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. The screening on the site shall be maintained in accordance with the approved Screening
Plan.
8. The site shall be maintained in accordance with the approve Nuisance Management Plan.
9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the
adjacent properties in accordance with the map. Neither the direct, nor reflected, light from
any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed
as, traffic control devices.
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. 30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. 30-20-100.5 or those described in the
approved Composting Plan.
12. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
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conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code and as described in the approved Composting Plan.
13. The facility shall operate in accordance with their approved Composting Plan.
14. The facility shall receive and process only those materials that are described in the
submitted application materials and approved Composting Plan.
15. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
16. The facility shall be operated and maintained in a manner to prevent nuisance conditions
and shall comply with the approved Composting Plan.
17. Odors detected off the site shall not equal, or exceed, the level of fifteen -to -one dilution
threshold, as measured using methods set forth in Regulation 2 of the Colorado Air
Pollution Control Regulations. Additional controls shall be implemented, at the request of
the Weld County Department of Public Health and Environment, 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.
18. A Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control
Division, as applicable.
19. All required reports and recordkeeping information will be submitted to the Weld County
Department of Public Health and Environment upon request and maintained at the facility.
20. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to OTWS.
21. Adequate drinking, handwashing, and toilet facilities shall be provided for employees, at
all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
22. The facility shall comply with Section 14 of the Regulations Pertaining to Solid Waste Sites
and Facilities (6 CCR 1007-2, Part 1).
23. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
24. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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26. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
27. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
29. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
30. The historical flow patterns and runoff amounts on the site will be maintained.
31. Weld County is not responsible for the maintenance of on -site drainage related features.
32. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
33. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
34. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
35. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
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 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 Department of Planning
Services.
36. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
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quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
37. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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