HomeMy WebLinkAbout20182458.tiffHEARING CERTIFICATION
DOCKET NO. 2018-66.A
RE: SHOW CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT,
USR-1285, FOR A SOLID WASTE DISPOSAL SITE AND COMPOSTING FACILITY IN
THE A (AGRICULTURAL) ZONE DISTRICT - A-1 ORGANICS, RATTLER RIDGE
ORGANIC RECYCLING FACILITY AND WJW PROPERTIES LLC, DBA A-1 ORGANICS,
C/O BOB YOST
A public hearing was conducted on July 11, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Frank Haug
Planning Services Department representative, Michelle Martin
Health Department representative, Ben Frissell
The following business was transacted:
• I hereby certify that pursuant to a notice dated June 26, 2018, and duly published June 29,
2018, in the Greeley Tribune, a public hearing was conducted to show whether good cause exists
for revocation of Use by Special Review Permit, USR-1285, for a Solid Waste Disposal Site and
Composting Facility in the A (Agricultural) Zone District, issued to A-1 Organics, Rattler Ridge
Organic Recycling Facility and WJW Properties, LLC, dba A-1 Organics, c/o Bob Yost. Frank
Haug, Assistant County Attorney, made this a matter of record.
• Mr. Haug made record of receiving additional complaints regarding the site and clarified the
only item that can be addressed today is Development Standard (DS) #13, as it was the only item
noticed. He reviewed the options to proceed and address the one issue, or to re -notice and
reschedule to include other issues. He also mentioned receiving a letter from the property
owner/operator attorney requesting a continuance due to the additional complaints. In response
to Commissioner Cozad, Mr. Haug reiterated the options to either proceed today and address
only DS #13 or re -notice per Section 2-4-40.E of the Weld County Code for a Probable Cause
regarding the additional issues.
▪ Commissioner Kirkmeyer suggested the Board proceed. Commissioner Freeman
recommended public input be limited to the item that was properly noticed. Commissioner
Kirkmeyer stated for due process, the public may comment on new issues and the Board can
make the determination if the hearing should be continued to re -notice to include the new
information.
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2018-2458
PL1443
HEARING CERTIFICATION - SHOW CAUSE HEARING, PCSC18-0006, A-1 ORGANICS,
RATTLER RIDGE ORGANIC RECYCLING FACILITY AND WJW PROPERTIES, LLC, DBA A-1
ORGANICS, C/O BOB YOST (USR-1285)
PAGE 2
In response to Chair Moreno, Mr. Haug stated it would be beneficial to hear from the property
owner, operator. He further stated the public has not been noticed regarding the additional
complaints and it would not be fair to ask staff or the property owner/ operator to address
comments including additional complaints at this time. He suggested the Board keep the issues
separate; however, asserted it is the Board's prerogative how they wish to proceed.
El Commissioner Cozad agreed it would be best to keep the issues separate. She agreed the
new issue needs to be investigated and if found to be a legitimate concern, can be brought before
the Board as a Probable Cause.
Commissioner Kirkmeyer stated the Board has a Show Cause Hearing today and within the
hearing, the public is provided an opportunity to offer input relevant to the hearing and if additional
information is presented, the Board can determine at that time how to proceed.
Commissioner Freeman stated the issue is DS #13, and if new information is presented, it
can be determined if that information supports a separate Probable Cause hearing to be
addressed at that time; however, today, he stated he is only willing to proceed with what was
noticed.
Chair Moreno stated the Board will move forward with the hearing.
IVJ Mr. Haug interjected the property owner/ operator did request more time and stated they can
address that when they speak.
Michelle Martin, Department of Planning Services, presented a brief summary of the
circumstances regarding the issue of debris being mismanaged and reviewed the location in
relation to relevant County roads, other USRs adjacent and in the area, and no residences in
close proximity. Ms. Martin reviewed Development Standard (DS) #13 for the record and clarified
the issue of non-compliance.
Ben Frissell, Department of Public Health and Environment, reviewed the timeline of the
complaint history, and confirmed staff inspections that witnessed debris consistent with the
complaints. He stated staff issued a letter to the property owner/ operator which led to the
Probable Cause Hearing, at which time the Board deemed it appropriate to move forward with a
Show Cause Hearing. He reviewed the compliance efforts to install debris fencing, remove the
debris, and submit required monthly status reports. Mr. Frissell displayed before and after photos
and stated the site has been found to be in general compliance and a debris plan has been
submitted to, and accepted by, the Department of Public Works. He reported the site to be in
compliance with DS #13.
Ms. Martin reviewed the options and stated it is the opinion of the Departments of Planning
Services and Public Works that the site is in compliance with Development Standard #13.
2018-2458
PL1443
HEARING CERTIFICATION - SHOW CAUSE HEARING, PCSC18-0006, A-1 ORGANICS,
RATTLER RIDGE ORGANIC RECYCLING FACILITY AND WJW PROPERTIES, LLC, DBA A-1
ORGANICS, C/O BOB YOST (USR-1285)
PAGE 3
MI In response to Commissioner Kirkmeyer, Mr. Frissell stated he did walk the fence line and
did carefully inspect the area. In response to Chair Moreno, Mr. Frissell explained the reasoning
for stating the site is generally in compliance.
K.C. Groves, Attorney, represented the applicant and stated he filed an unopposed motion
to continue the matter to allow time to investigate the groundwater issue and also to follow through
with a scheduled inspection deeper into the property and with the adjacent landowner,
Mr. Guttersen, to further abate any debris issues. He also stated they would prefer a continuance
due to an unexpected death in the family of Mr. Yost, preventing him from being present to speak
to the matter. He noted he is encouraged with the findings and also has a PowerPoint presentation
with photos from before and after.
Commissioner Cozad requested clarification regarding proceeding or continuing the matter.
Mr. Haug offered options. Mr. Groves interjected the Code reference allowing a continuance.
Commissioner Kirkmeyer stated she supports the continuance. The Board agreed.
• Lance Estrella, Attorney representing Guttersen Ranch, stated the reason is certainly
appropriate for the continuance, and on behalf of Mr. Guttersen expressed his condolences to Mr.
Yost and his family. He reviewed the issues of trash, insects, odor and groundwater
contamination. He stated they appreciate the debris fencing; however, they have little confidence
that the debris will be collected as the grass grows. He stated A-1 can have all the time they need
to address these issues and review the groundwater testing on Guttersen Ranch, and a later
hearing to discuss combined issues makes sense and he offered to have it postponed until the
end of the year.
IEJ Mr. Groves responded to the comments and stated a continuance regarding the trash issue
is appropriate; however, concerning the other issues, those will need to follow procedure and be
addressed separately as there has been no formal complaint to his knowledge. He reiterated they
just received the letter regarding the groundwater issue and that will need to be a separate issue
from this Show Cause continuance.
• In response to Commissioner Kirkmeyer, Mr. Groves agreed to a hearing later in the year
but preferably prior to the holidays. Commissioner Kirkmeyer suggested Monday, November 19,
2018, at 9:00 a.m.
▪ Mr. Haug clarified the continuance today is for this issue; however, if these other issues that
have been brought to the Board's attention are investigated and scheduled for a Probable Cause
hearing that takes place prior to this continuance, it is possible to then notice and address all the
issues at the Show Cause hearing. In response to Commissioner Freeman, he clarified the
separate Probable Cause hearing would have to take place in the interim.
Mr. Estrella clarified the insect issue was raised at the last Probable Cause hearing, and he
questioned if it needs to be refiled to be readdressed. Commissioner Kirkmeyer explained the
2018-2458
PL1443
HEARING CERTIFICATION - SHOW CAUSE HEARING, PCSC18-0006, A-1 ORGANICS,
RATTLER RIDGE ORGANIC RECYCLING FACILITY AND WJW PROPERTIES, LLC, DBA A-1
ORGANICS, C/O BOB YOST (USR-1285)
PAGE 4
insect issue and any other issue needing to be addressed would have to be filed as complaints
with the Health Department and staff can follow the procedures to inspect and determine if a
Probable Cause is warranted and for which issues. Commissioner Freeman interjected both odor
and insects were brought up at the last Probable Cause Hearing and based on procedure and
inspections, the only issue found for Probable Cause was the debris.
Commissioner Cozad moved to continue the Show Cause (PCSC18-0006) hearing
concerning Site Specific Development Plan and Use by Special Review Permit, USR-1285, for a
Solid Waste Disposal Site and Composting Facility in the A (Agricultural) Zone District, for
A-1 Organics, Rattler Ridge Organic Recycling Facility, and WJW Properties, LLC, dba
A-1 Organics, c/o Bob Yost, to Monday, November 19, 2018, at 9:00 a.m., to allow the property
owner/ operator additional time to have the entire site inspected and for Mr. Yost to be able to
attend. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:25 a.m.
This Certification was approved on the 16th day of July, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dalfeti
Weld County Clerk to the Board
BY: ,,_ .e,4.4.1
Deputy Clerk to the Boar
APPR
ounty At orney
Mike Freeman
Date of signature: 08-13-/8
Steve Moreno, Chair
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Pro-Tem
EXCUSED
Sean P. Con ay
C— Ath
Julie A. C zad
2018-2458
PL1443
ATTENDANCE LIST
DATE: !"1 - < <
NAME - PLEASE PRINT LEGIBLY
EMAIL
ADDRESS
COUNTY OF RESIDENCE
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