Rainbow Open Space compost facility off the table

Boulder County Commissioners have removed Rainbow Open Space as a potential site for a large-scale compost facility. The move comes nearly four weeks after commissioners accepted a withdrawal of the application for a special use permit being sought by Boulder County Public Works.

The decision was based on several reasons, according to a news release from commissioners, which state, "After careful analysis of concerns identified during design development, including additional cost information, site-specific engineering challenges, additional market analysis information, and concerns expressed by the public regarding the process of community engagement, the commissioners have removed the former Rainbow Tree Nursery site from consideration for the development of a compost facility."

The statement said the county is still committed to diverting more waste away from the landfill to meet the goal of "Zero Waste or darn near" by 2025, and is seeking ideas and solutions around composting. The public can offer input through the county's project comment form.

County staff is regrouping to determine who will be in charge of coming up with a replacement plan to better manage organic waste such as food scraps, tree limbs, grass clippings and other compostable material. Director of the Office of Sustainability Climate Action and Resilience (OSCAR) Susie Strife said in an email that she and Public Works Director Jeff Maxwell plan to meet with commissioners to determine the next steps.

Specific plans for managing Rainbow Open Space are also in limbo. The county purchased the property on Highway 287, south of Highway 52, in 2018. In the real estate closing documents, the county stated that the property could be appropriate for a zero waste site. Now that the current commissioners have rejected that idea, Boulder County Parks and Open Space said it will continue to manage the former tree nursery as open space, but doesn't have a specific plan.

"Addressing how we manage the property is not an urgent priority for the department at this time, so residents can expect to see very little activity in the near future," said Communications Specialist Vivienne Jannatpour.

The former tree farm had a conservation easement on it before Boulder County bought it. According to the county, the easement, with its restrictions on development, was "extinguished" through the legal doctrine of merger when the county became both the owner of the land and the holder of the easement.

The prospect of a large-scale compost facility on Rainbow Open Space triggered two lawsuits by residents living near the property. Both argued that the conservation easement should remain valid.

After commissioners rejected the site, one lawsuit was dismissed by Boulder County District Court, but is being appealed. "The substance of the issue remains unaddressed, and the protection of Open Space lands remains in peril from the whims of the County," plaintiffs' spokesperson Rob O'Dea wrote in a news release.

The other lawsuit is awaiting a ruling after the county filed a motion to dismiss. Plaintiff Nancy Davis is still concerned about the fate of the property and the larger issue of conservation easements. "Rainbow is not safe from this or other projects until the county acknowledges the existence - in perpetuity - of the conservation easement," Davis said.