HomeMy WebLinkAbout20142803.tiff HEARING CERTIFICATION
DOCKET NO. 2014-66
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT, USR14-0030, (FORMERLY KNOWN AS USR-930 FOR ORGANIC
MATERIALS COMPOSTING AND PROCESSING FACILITY) TO UPGRADE
COMPOSTING FACILITY FROM A CLASS III TO A CLASS I COMPOSTING FACILITY
AND OBTAIN A CERTIFICATE OF DESIGNATION IN THE A (AGRICULTURAL) ZONE
DISTRICT- KTC FARM, LLC, C/O Al ORGANICS
A public hearing was conducted on September 17, 2014, at 10:00 a.m., with the following
present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Heather Barbare
The following business was transacted:
e I hereby certify that pursuant to a notice dated July 24, 2014, and duly published July 29,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of KTC
Farm, LLC, c/o Al Organics, for a Site Specific Development Plan and Amended Use by
Special Review Permit, USR14-0030, (formerly known as USR-930 for organic materials
composting and processing facility) to upgrade composting facility from a Class III to a Class I
Composting Facility and obtain a Certificate of Designation in the A (Agricultural) Zone District.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
gl Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, stating the current operations will remain located in the same general area, and he
gave a brief overview of the proposed truck counts. He reviewed the surrounding land uses and
stated he has been contacted by surrounding property owners expressing concerns regarding
lighting and odor. He also indicated 11 referral agencies reviewed the proposal, six responded
with comments; the Town of Eaton indicated no conflict and the Town of Ault did not respond.
He entered the unanimous favorable recommendation of the Planning Commission into the
record and displayed photographs of the site and surrounding area. a In response to
Commissioner Kirkmeyer, Mr. Gathman confirmed the proposal is to upgrade the site from a
Class III (green waste) to a Class I which allows animal mortalities, food, oil and grease. 6
Heather Barbare, Department of Public Health and Environment, explained Class III is the only
type that has a surcharge, since they are considered a solid waste.
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e Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements. He indicated the site is located east of the Town of Eaton, it will be
accessed from County Road (CR) 76 which is a paved local road, and he reviewed the average
daily traffic counts for CRs 33 and 35, taken in 2013, which are collector status roads. He
further stated there are assigned, approved access points with a defined central island for
ingress/egress.
IR Ms. Barbare stated the site is serviced by an existing septic system and the North County
Water District. She reviewed the information contained within the Engineering Design and
Operations Plan (EDOP), which is in compliance with State regulations. She also summarized
the Contingency Plan which will be implemented to control dust, flies, odor, noise, and liter. She
also reviewed the Dust Abatement Plan, Waste Management Plan, Aboveground Storage Tank
Registration, and a Spill Prevention Control Plan. She referenced Development Standards 9-28
which are typical of composting facilities. Lastly, she requested the addition of Condition of
Approval #1.H, Prior to recording the plat, which states: "The facility shall submit evidence to
the Weld County Department of Public Health and Environment that financial assurance has
been obtained in accordance with CDPHE regulations pertaining to solid waste sites and
facilities." In response to Chair Rademacher, Ms. Barbare stated plastic can be considered
a solid waste and part of the reason for this application is to allow the applicant the ability to
address the management of food wastes and the possible presence of plastic.
le Bob Yost represented the applicant and reviewed a PowerPoint presentation, marked as
Planning Commission Exhibit #1, for the record detailing the Company's History,
Acknowledgements/Awards, Current Operations, Needs for Class I, and Future Plans.
IR Joyce Spight, surrounding property owner, stated the applicant has been a good neighbor
and they have had no issues with them in the past; however, when the application was originally
presented she had concerns. She stated she has visited with the applicant and now has a
better understanding of the plans and that they are not intending to pursue some of the allowed
uses; however, she did want to make her initial concern regarding odor a part of the record.
e In response to Chair Rademacher, Mr. Yost agreed, if the facility is properly run in
accordance with the Odor Management Plan, there should not be an issue for concern, and he
intends to maintain open communications with the neighbors. He stated a Class I operation will
be able to better serve the community, with proper controls in place, and he reviewed the
various types of food waste and sludge and how they are treated/handled. e Responding to
Commissioner Kirkmeyer, Ms. Barbare explained State Regulation 2 addresses odors and the
15 to 1 dilution threshold standard, which she classified as very strong; typical complaints
average a 3 to 1 threshold. Mr. Yost stated it is all subjective and they have every intention of
being very responsive or proactive to prevent complaints. Ms. Barbare stated she is not aware
of any previous violations at this facility. Mr. Yost stated the bonds are due September 15th,
they automatically renew, the facility is being inspected tomorrow, and he has the financial
assurance bonds in place. He further stated food waste, or source separate organics, are
acquired from grocery stores, restaurants, and food processing facilities, and their customers
are primarily located in Weld and Larimer Counties, with approximately 80 percent being in
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close proximity. El Commissioner Kirkmeyer referred to Section 16-11 of the Weld County
Home Rule Charter which addresses solid waste disposal sites. In response to Commissioner
Conway, Mr. Yost stated the route truck does go to Loveland and Fort Collins; however, those
customers are a smaller percentage of the overall business. He further stated, if the plans
change to accept animal mortalities, they will extend an open house invitation to the neighbors
before any changes are made. IE9 Ms. Barbare referred to Development Standard #7 which
addresses additional handling through the EDOP and requires notification of neighbors and
prior approval from the State and County Health Departments.
El Responding to Chair Rademacher, Mr. Yost indicated agreement with the proposed
requirements. Commissioner Kirkmeyer supported the addition of Condition of Approval #1.H to
require evidence of financial assurance prior to recording the plat, which was done by assent of
the Board. Chair Rademacher requested Development Standard #31 be modified to state
building permits "may" be required depending on what is constructed; done by assent of the
Board. Mr. Yost indicated he and the applicant have reviewed, and agree to abide by, the
Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of KTC Farm, LLC, do Al
Organics, for a Site Specific Development Plan and Amended Use by Special Review Permit,
USR14-0030, (formerly known as USR-930 for organic materials composting and processing
facility) to upgrade composting facility from a Class III to a Class I Composting Facility 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 entered into the
record and amended. The motion was seconded by Commissioner Garcia. Commissioner
Conway supported the motion, thanked the applicant for a quality application, and encouraged
maintaining open lines of communication going forward to prevent problems. Chair
Rademacher agreed and commented it is also good there were no previous violations. The
motion carried unanimously.
Commissioner Kirkmeyer moved to approve the Certificate of Designation, in accordance
with Section 30-20-104, C.R.S. The motion was seconded by Commissioner Garcia, and it
carried unanimously. There being no further discussion, the hearing was completed at
10:56 a.m.
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This Certification was approved on the 22nd day of September, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO (�
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Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
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