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BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION �
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope that the following resolution be introduced for passage by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER. USR18-0095
APPLICANT FRONT RANGE DAIRY LLC
PLANNER KIM OGLE
RE�UEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A CLASS I COMPOSTING FACILITV PURSUANT TO THE
COLORADO REGULATIONS PERTAINING TO SOLID WASTE DISPOSAL SITES
AND FAGLITIES 6-CCR 1007-2 . SECTION 14 FOR A CLASS I COMPOST
FACILITV AND AN AGRICULTURAL SERVICE ESTABLISHMENT PRIMARILY
ENGAGED IN PERFORMING AGRICULTURAL, ANIMAL HUSBANDRY OR
HORTICULTURAL SERVICES ON A FEE OR CONTRACT BASIS INCWDING
SEED PRODUCTION . PROCESSING, STORAGE . MIXING. BLENDING AN �
SALES W THE A (AGRICULTURALI ZONE DISTRICT
LEGAL DESCRIPTION LOT D RECX18-0107. BEING PART OF THE SE4 SECTION 15. T2N . R67W OF
THE 6TH P. M. . WELD COUNTY. COLORADO.
LOCATION NORTH OF AND ADJACENT TO CR 20. WE5T OF AND ADJACENT TO CR
21
be recommended favorebly to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A_ Section 23-2-220A 1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.A. A. Goal 1 . States " Respect and encourage the continuation of agncultural land
uses and agricultural operations for purposes which enhance ihe economic health and
sustainabifity of agriculture.
One result of being one of the country's largest producers of agricultural products is the generation
of a large amount of agncultural waste Agricultural waste results from the raising of crops or
animals. leading to animal manures and crop by-products. both of which may be retumed 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 applicanL Front Range Dairy is proposing a Class I compost facility as classifed under Colorado
Department of Public Health and Environment (CDPHE) Regulation 142 . 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 generetes a substantial volume of
animal waste that will be transported to this site for composting and processing.
Section 22-2-20.G. 1 A. Policy 7. 1 states" County land use regulations should support commercial
and indusVial 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 acqwsition. transmission and processing of oil and natural gas to a
commercial market.
Section 22-4-200.A. AW. Policy 1 . 1 . states 'The County encourages the composting of agricultural
wa ste. '
RESOLUTION USRI8-0005
FRONT RANGE DAIRY, LLC
PAGE 2
The manure waste stream generated by the Dairy' s 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 23-2-220 .A.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 areas . Section 23-3-40. B . 9 allows for a Site Specific Development Plan and
Use by Special Review Permit for Seed production , processing , storage, mixing , blending and sales
and Section 23-3-40 . B . 12 allows for Animal waste recycling or processing facilities including
composting facilities in the A (Agricultural ) Zone District.
C . Section 23-2-220 .A. 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 1300-feet to the east and 1700-feet to the west on the north
side of County Road 20.
There are multiple USRs within one mile of the site . North of the property are USR-710 for a 200 dog
kennel , USR-812 for a single family residence , 1 MUSR17- 13-0026 for Mineral Resource
Development Facilities ; SUP-64 for a Turkey Farm ; AMUSR- 1120 for an Equestrian Center;
M USR13-0017 for Mineral Resource Development Facilities; M USR12-0002 for Oil and Gas Support
and Service Facility and USR13-0049 for a 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 for a Turkey Farm ; USR12-0034 for Agricultural Services - Dairy; USR- 1184 for
Equine Boarding, Breeding and Training; 1 M USR17- 14-0015 for Mineral Resource Development
Facilities ; SUP-62 for a Turkey Farm ; AMSUP 238 for a Compressor Station and USR-331 for a
Compressor Station . To the west are USR- 1063 for a 24-inch High Pressure Gas Pipeline and
USR13-0049 for Non- 1041 Major Facility of a Public Utility or Public Agency - 16-inch pipeline,
previously discussed .
The Weld County Department of Planning Services sent notice to twenty (20) surrounding property
owners . Planning staff 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 Lighting Plan , an Improvements and
Road Maintenance Agreement (for roads and traffic) and a Screening Plan . The Development
Standards and Conditions of Approval 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 23-2-220.A.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 a email response stating "[the City] usually have a conversation with the property
owner concerning annexation options per [Fort Lupton's] agreement with the County. If the applicant
has no interest in even talking , then we can sign the form , however, it could be in their best interest to
look at the options . I'm not sure why Firestone is in your email : 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.
RESOLUTION USRI8-0095
FRONT RANGE DAIRY, LLC
PAGE 3
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 September indicated
there are interested in having a conversation with the property 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 right 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 and the Town of Firestone did not respond to the referral
request.
E . Section 23-2-220.A. 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 23-2-220 .A. 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 23-2-220.A. 7 — There is adequate provisions for the protection of the health , safety , and
welfare of the inhabitants of the neighborhood and County.
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 health , safety, and welfare of the inhabitants of the
neighborhood and County.
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 recommendation for approval is conditional upon the following:
1 . Prior to recording the USR R Map:
•
the RECX18-0107 plat with signatures for processing and recordation . (Department of Planning
Services )
B . 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. ( Department of Planning Services)
C . The applicant shall submit a Lighting Plan that incorporates the dark sky policy in the design .
(Department of Planning Services)
D . The applicant shall submit a Screening Plan that screens the site from the Surrounding Property
Owners and public right-of-way. (Department of Planning Services)
E . An Improvements and Road Maintenance Agreement is required for off-site improvements at this
location . Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes . The Agreement shall include provisions addressing engineering requirements ,
RESOLUTION USR18-0095
FRONT RANGE DAIRY, LLC
PAGE 4
submission of collateral , and testing and approval of completed improvements . (Department of Public
Works )
F . A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required . (Department of Public Works)
G . The map shall be amended to delineate the following :
1 . All sheets of the map shall be labeled USR18-Q095 . (Department of Planning Services)
2 . The attached Development Standards . (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260 . D of the Weld County Code.
(Department of Planning Services)
4. Show the trash collection areas . Section 23-3-350. H of the Weld County Code addresses the
issue of trash collection areas . (Department of Planning Services)
5. Show the office/warehouse , shop and associated improvements associated with the USR land
use permit and label accordingly. (Department of Planning Services)
6. The map shall delineate the screening. (Department of Planning Services)
7. The map shall delineate the lighting which shall adhere to the Weld County Code . (Department
of Planning Services )
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. ( Department of Planning Services)
9. The map shall delineate the parking area for the vendors , customers and/or employees .
(Department of Planning Services)
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 on the site plan the existing right-of-way. All setbacks shall be measured
from the edge of right-of-way. This road is maintained by Weld County. (Department of Public
Works)
11 . Show and label the approved access locations , approved access width and the appropriate
turning radii (60') on the site plan . The applicant must obtain an access permit in the approved
location(s) prior to construction . (Department of Public Works)
12 . Show and label the approved tracking control on the site plan . (Department of Public Works)
13 . 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. (Department of Public Works)
14 . 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. (Department of Public Works)
15 . Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2 . Upon completion of Condition of Approval #1 above, the applicant shall submit one ( 1 ) electronic copy
(. pdf) of the map for preliminary approval to the Weld County Department of Planning Services . Upon
RESOLUTION USRI8-0005
FRONT RANGE DAIRY, LLC
PAGE 5
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.
(Department of Planning Services)
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 added for each additional three
(3) month period . ( Department of Planning Services)
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 .
( Department of Public Works)
B . If more than one (1 ) acre is to be disturbed , a Weld County Grading Permit will be required .
( Department of Public Works)
6. Prior to the issuance of the Certificate of Occupancy:
A. An on-site waste-water treatment system is required for the proposed facility and shall be installed
according to the Weld County On-site Waste-water Treatment System (O.W.T. S. ) Regulations. The
septic system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County O .W.T. S . Regulations . (Department of Public Health and Environment)
7. 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.
(Department of Planning Services)
Motion seconded by Elijah Hatch .
VOTE :
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County► Commissioner's for further proceedings .
RESOLUTION USRI8-0095
FRONT RANGE DAIRY, LLC
PAGE 6
CERTIFICATION OF COPY
I , Michelle Wall , 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 February 19, 2019.
Dated the 19th of February, 2019
gnealtteei rk14,9 Witte--
Michelle Wall
Secretary
RESOLUTION USRI8-0005
FRONT RANGE DAIRY, LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Dave DeHaan -- Front Range Dairy, LLC
USR18-0095
1 . A Site Specific Development Plan and Use by Special Review Permit 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 establishments 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 . ( Department of Planning Services )
2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County
Code. (Department of Planning Services)
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. ( Department of Planning Services)
4. The number of on-site full-time employees shall be nine (9). ( Department of Planning Services)
5. The parking area on the site shall be maintained in accordance with the approved Screening Plan .
(Department of Planning Services)
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 . (Department of Planning Services)
7. The screening on the site shall be maintained . (Department of Planning Services)
8. 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 . (Department of Planning Services)
9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100. 5,
C . R . S .) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination . (Department of Public Health and Environment)
10 . 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, 30-20-100. 5, C . R.S . or those described in the approved Composting Plan . (Department of Public
Health and Environment)
11 . Waste materials shall be handled , stored , and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris , and other potential nuisance conditions . The applicant shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code and as described in the approved
Composting Plan . (Department of Public Health and Environment)
12 . The facility shall operate in accordance with their approved Composting Plan . (Department of Public
Health and Environment)
13 . The facility shall receive and process only those materials that are described in the submitted application
materials and approved Composting Plan . (Department of Public Health and Environment)
14 . 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. (Department of Public Health and Environment)
RESOLUTION USRI8-0005
FRONT RANGE DAIRY, LLC
PAGE 8
15. The facility shall be operated and maintained in a manner to prevent nuisance conditions and shall comply
with the approved Composting Plan . (Department of Public Health and Environment)
16 . 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. (Department of Public Health and Environment)
17 . A Stormwater Discharge Permit shall be obtained from the Colorado Water Quality Control Division , as
applicable. ( Department of Public Health and Environment)
18 . All required reports and recordkeeping information will be submitted to the WCDPHE upon request and
maintained at the facility. (Department of Public Health and Environment)
19 . Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On-site Wastewater Treatment Systems . (Department of Public Health and Environment)
20 . Adequate drinking , hand washing , and toilet facilities shall be provided for employees , at all times . A
permanent, adequate water supply shall be provided for drinking and sanitary► purposes . (Department of
Public Health and Environment)
21 . The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25- 12- 103 C. R. S . (Department of Public Health and Environment)
22 . The facility shall comply with Section 14 of the Regulations Pertaining to Solid Waste Sites and Facilities
(6 CCR 1007-2 , Part 1 ). (Department of Public Health and Environment)
23 . The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
24 . The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
25 . The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code . (Department of Public Health and Environment)
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. ( Department of Public Works)
27 . The access to the site shall be maintained to mitigate any impacts to the public road , including damages
and/or off-site tracking . ( Department of Public Works)
28 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be utilized .
(Department of Public Works)
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. (Department of Public Works)
30 . The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. ( Department of Public Works)
31 . The Improvements Agreement for this site may be reviewed on an annual basis , including a site visit and
possible updates . ( Department of Public Works)
RESOLUTION USRI8-0095
FRONT RANGE DAIRY, LLC
PAGE 9
32 . The historical flow patterns and runoff amounts on the site will be maintained . (Department of Public
Works)
33 . Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
34 . Building permits may be required , per Section 29-3- 10 of the Weld County Code. Currently, the following
have been adopted by Weld County: 2012 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 . (Department of Building Inspection )
35 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
36 . 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 . ( Department of Planning Services)
37 . 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 . (Department of Planning Services)
38 . 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 quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times , 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.
39 . WELD COUNTYS RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold . The rural areas of Weld County may be open and spacious ,
but they are intensively used for agriculture . Persons moving into a rural area must recognize and accept
there are drawbacks , including conflicts with long-standing agricultural practices and a lower level of
services than in town . Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas : open views , spaciousness , wildlife, lack of city noise and congestion , and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area . Well-run agricultural activities
will generate off-site impacts , including noise from tractors and equipment; slow-moving farm vehicles on
rural roads ; dust from animal pens , field work, harvest and gravel roads ; odor from animal confinement,
silage and manure ; smoke from ditch burning ; flies and mosquitoes ; hunting and trapping activities ;
shooting sports , legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields ,
including the use of aerial spraying . It is common practice for agricultural producers to utilize an
RESOLUTION USR18-0005
FRONT RANGE DAIRY, LLC
PAGE 10
accumulation of agricultural machinery and supplies to assist in their agricultural operations . A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3. 5- 102 , C . R.S . , provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production .
Water has been , and continues to be , the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes , or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4, 000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3 ,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources . Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses , including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies . County gravel roads , no matter how often they are bladed , will not
provide the same kind of surface expected from a paved road . Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in
rural areas , in many cases , will not be equivalent to municipal services . Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers .
People are exposed to different hazards in the County than in an urban or suburban setting . Farm
equipment and oil field equipment, ponds and irrigation ditches , electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines , territorial farm dogs and livestock, and open
burning present real threats . Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood .
�L /���1 Gf�5 exHisir
2// 9 //9 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING � ' J
I Tuesday, February 19. 2019 G�
A regular meeting of the Weld County Planning Commission was held in the Weld County Admimstration
Building, Hearing Room, 1150 O StreeL Greeley, Colorado. This meeting was called to order by Chair.
Michael Wailes at 12 30 pm
Roll Call.
Present: Michael Wailes, Gene Stille, Tom Cope. Lonnie Ford. Richard Beck. EGjah Hatch, Skip Holland.
Absent: Bruce Sparrow, Bruce Johnson.
Also Present Kim Ogle, Chris Gathman , Michael Hall. Angela Snyder. and Maxwell Nader, Department of
Planning Services Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano
and Mike McRoberts, Public Works: Bob Choate. County Attomey. and Michelle Wall. Secretary.
The Chair called a recess at 4: 32 p.m. and reconvened at 4 40 p.m.
CASE NUMBER�. USR18-0095
APPLICANT�. FRONT RANGE DAIRY LLC
PLANNER KIM OGLE
RE�UEST A SITE SPEGFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A CIASS 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 FAGLITY AND AN AGRICULTURAL SERVICE ESTABLISHMENT
PRIMARILY ENGAGED IN PERFORMING AGRICULTURAL. ANIMAL
HUSBANDRY OR HORTICULTURAL SERVICES ON A FEE OR CONTRACT
BASIS. INCIUDING SEEO PRODUCTION . PROCESSING. STORAGE. MIXING.
BLENDING AND SALES IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION � LOT D RECX18-0107. BEING PART OF THE SE4 SECTION 15. T2N . R67W OF
THE 6TH P.M. . WELD COUNTY. COLORADO
LOCATION. NORTH OF AND ADJACENT TO CR 20�. WEST OF AND ADJACENT TO CR
21 .
Kim Ogle. Planning Services, presented Case USR18-0095 reading the recommendation and comments
into the record. The DepaRment of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Commissioner Wailes asked Mr. Ogle if the applicant was currently composting Mr. Ogle answered yes.
Evan Pinkham , Public Works. repoRed on the existing traffic. access to the site and dreinage conditions for
the site.
Ben FrisselL Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust controL and the Waste Handling Plan.
Tim Naylor. AGPROfessionals. 3050 67'^ Avenue Greeley. Cobrado said he is representing Front Range
Dairy. LLC. The applicant is proposing a Class 1 Compost Facility that will include a shop, office, matenal.
and handling equipment. There will be agricultural seed storage, processing facility and sales. Agricultural
wastes will be generated at nearby dairies. vegetative feedstock waste and yard waste. Mr. Naylor said
they believe their facility is compatible with the area. He said they meet all the conditions of approval and
development standards. Mr_ Naylor said they will be required to permit with the CDPHE for a Class 1
Compost Facility
Commissioner Stille asked for the location and size of the pond Mr. Naylor said it is located centrally in
the propeRy He said on a normal day there would not be anything stored in the pond . However, if there
is a storm event, d is required that they have a working capacity. They have to have a certain amount Ihat
can be there all the time and they also have to have the amount for a 25l24 storm event_ The pond has
been engineered to meet those conditions. Commissioner SGlle asked if they can irrigate out of the pond
Mr. Naylor said ihey can. They have to sample it and apply agronomically, they cannot just release it They
I
can use it back onto the compost. Mr. Stille asked how they plan to control insects. Mr. Naylor said they
will have a fly control plan that can be found in their nuisance management plan.
Commissioner Holland asked who the product will be sold to. Mr. Naylor replied it will be sold in bulk and
wholesale to primarily to other agricultural farms.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Brock Duin, 10303 County Road 20, Fort Lupton, Colorado, said the addition of this facility along with the
existing commercial dairy operation creates much greater biosecurity concerns such as impeding health
and safety. He is concerned about the ground water. Mr. Duin said the traffic has increased on County
Road 20 and that the applicant is using heavy machinery on the road. Neighbors have had to slow down
or stop for this heavy machinery. He said since the applicant has started hauling manure, the smell has
increased drastically, making it unbearable. Mr. Duin feels these factors put their properties, farms and
livestock at high risk and decrease their property values. He said there are a lot of flies and insects and
he feels this has impacted the horse boarding businesses in the area.
Commissioner Ford asked Mr. Duin what animals he raises on his property. Mr. Duin said he has a horse
boarding business and a few cattle.
Anthony Berens, 10126 County Road 20, Fort Lupton, Colorado, said the average speed of County Road
20 is 62 miles per hour (posted speed is 55) and 1,000 vehicles a day. He said he lives at the bottom of
the hill and it is very dangerous to get his mail. Since the applicant started moving manure across the
street, the smell is unbearable. Mr. Berens said he has one horse and a couple chickens. He said friends
do not want to visit him because the smell is so bad. Mr. Berens said the applicant is using a terex mining
truck to cross County Road 20. He is worried about traffic safety. Mr. Berens said he agrees with his
neighbor, Mr. Duin, as well.
Tim Naylor addressed the concern of the ground water. Since it is a Class 1 Compost Facility it has stricter
guidelines and requirements that must be met compared to an agricultural compost facility. The pond has
been engineered to protect the ground water. Mr. Naylor feels that flies and the odor will decrease. He
said they will follow and meet County and State requirements. Mr. Naylor said that he does agree that the
County Road is a challenge and that everyone has to be careful and safe.
Commissioner Beck asked Mr. Naylor if they have any plans to keep the road clean. Mr. Naylor said that
would be part of the road maintenance agreement and they would be willing to work with Public Works on
that to get the correct permits. Commissioner Beck said he would like the safety of the County Road to be
addressed by posting signs or creating turning lanes, etc...
Commissioner Ford commented that dirt trucks usually spill from the sides. He asked Mr. Naylor if they
can assure that the trucks won't be overloaded. Mr. Naylor said he is sure the operator would be willing to
do that. Commissioner Ford asked Staff if this request could be made a development standard. Mr. Ogle
read Development Standard 27 "The access to the site shall be maintained to mitigate any impacts to the
public road, including damages and/or off -site tracking." Mr. Ogle explained the applicant would be required
to get a right-of-way permit from Public Works to sweep or clean the County Road. Commissioner Ford
asked Mr. Ogle how a neighbor would go about filing a complaint if manure is on the road. Mr. Ogle replied
the would contact either the Planning Department or Public Works.
Commissioner Ford commented that the fly control should be mitigated right from the beginning, not wait
until there is a fly problem. Commissioner Hatch commented that there are pest control options; once there
is an abundance of flies, it is too late.
Commissioner Stille asked if it was open composting or if it will be in tubes. Mr. Naylor said it is windrow
composting.
Commissioner Holland asked what the bulking agent was in the compost. Mr. Naylor said it would be a
wood bulking agent or could use cornstalks or tree limbs. Commissioner Holland asked what the ratio was
of the bulking agent to the manure.
Joshua Hess, 9743 County Road 16, Fort Lupton, Colorado, answered Commissioner Holland that it would
be 1/3 bulking agent to 2/3 manure at mixing. Mr. Hess wanted to address the fly issue. He said during
the composting process that raw manure attracts larvae and flies. During their composting process, the
manure is coated at 160— 170 degrees. Pathogens, weed seeds and insect larvae are killed in the process.
Mr. Hess explained the composting process.
Commissioner Stille had to leave the meeting at 5:30 p.m.
Commissioner Cope asked Mr. Hess how long odors remain after they first start the process. Mr. Hess
replied approximately 21 days.
Commissioner Ford asked Mr. Hess if there will be an odor all the time since they are continually bringing
in new manure. The applicant says it will be very minimal. Mr. Hess said they will bring in wood chips to
help with the odor.
There was further discussion about the traffic safety on the road, along with concerns about spillage on the
road. In conclusion, the Planning Commission agreed Development Standard 27 would be enforceable
from the County's standpoint.
Mr. Naylor asked if Condition of Approval 1.A. be removed because they already filed the Recorded
Exemption.
Motion: Remove Condition of Approval 1.A., as requested by applicant. Moved by Tom Cope, Seconded
by Michael Wailes. Motion passed unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0095 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Tom Cope, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5, No = 1).
Yes: Elijah Hatch, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
No: Skip Holland
Absent: Bruce Johnson, Bruce Sparrow, Gene Stille.
Commissioner Cope stated he feels they have met the criteria of Section 23-2-220A.1 — A.7 and that they
are compatible with area. He agrees with Staff's comments.
Commissioner Ford said he hopes the applicant and neighbors communicate with each other.
Commissioner Cope would like to see the County try to reduce the speed in that area.
Chair Wailes said he agreed with Commissioner Cope's comment.
Meeting adjourned at 5:51 pm.
Respectfully submitted,
-Ineuuce�
Michelle Wall
Secretary
ATTENDANCE RECORD
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