HomeMy WebLinkAbout20181339.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0010, FOR ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (PARKING, STORAGE AND STAGING OF VEHICLES
ASSOCIATED WITH A TANKER TRUCK SEPTIC BUSINESS) IN THE
A (AGRICULTURAL) ZONE DISTRICT - KENNETH AND JAMIE STARMAN
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 2nd day of
May, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Kenneth and Jamie Starman, 33431 CR 53, Gill, CO 80624, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0010, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (parking, storage and staging of vehicles associated with a tanker truck septic business)
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RECX14-0078; being
part of the S1/2 of Section 17, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Sheri
Lockman, Lockman Land Consulting, LLC, 36509 CR41, Eaton, CO 80615, 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:
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.G.1 (A.Goal 7) states: "County land use
regulations should protect the individual property owner's right to
request a land use change."And, Section 22-2-20.G (A.Policy 7.1)
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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 A (Agricultural) Zone District is almost exclusively
serviced by septic systems. Homes and businesses are dependent
upon septic services such as Front Range Septic. Visual impacts
have been mitigated through screening of the tanks. Any smell
associated with the business is limited to the minimal time it takes
to transfer the septic sludge into the tanks. This smell disperses
quickly. Business related traffic to and from the site is minimal and
will adhere to the approved traffic route when possible. Noise from
the trucks is negligible and should have little impact on the
surrounding property owners. Furthermore, no agricultural land has
been taken out of production at this site.
2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." Homes and businesses constructed
in the unincorporated areas of Weld County rely on adequate
services, and facilities are currently available or reasonably
obtainable to accommodate their water and sanitation needs. Many
homes and businesses rely on septic systems to handle their
effluent flows. The pumping service that Front Range Septic
company provides ensures a long life for this type of effluent
disposal. This specific service is one of the highest required and
demanded services in the A (Agricultural) Zone District. The
proposed use is in an area that can support this development and
the required opaque screening, and 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.
B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S allows for "Any use
permitted as a Use by Right, accessory use, or Use by Special Review in
the Commercial or Industrial Zone Districts, provided that the property is
not a Lot in an approved or recorded subdivision plat or part of a map or
plan filed prior to adoption of any regulations controlling subdivisions" 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 applicant has constructed his
residence and one outbuilding on a dry corner of a center pivot that he also
owns and currently operates his business, Front Range Septic, as a Zoning
Permit for a home business. The surrounding properties are generally large
parcel agricultural lots with single-family residences to the north, northeast,
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west and far south. There are five (5) property owners on seven (7) parcels
of land within 500 feet of this proposed facility. Of these surrounding
property owners, there are two letters of support from adjacent property
owners and four letters of support from area residents. Planning staff also
received two letters in opposition from adjacent neighbors within 500 feet
of the property to the north and northeast of the property. Primary concerns
included impacts of or from: odors occurring with the transfer of human
waste and grease trap residue; noise from the vacuum pumps associated
with the transfer of the waste; dust from County Road 53; traffic on County
Road 53 and noise associated with trucks; decreased property values;
health hazards and additional stress caused by the permitting of this facility.
The applicant states company vehicles are parked inside a metal skinned
building located on the site. Tanker trucks on loan from McDonald Farms
are parked to the west of the metal skinned building and below the earthen
berm associated with the irrigation pond located adjacent to the north. The
applicant is proposing to increase his vacuum trucks from two (2) to six (6)
in the future, as business expands. It is the understanding of County staff
that the tankers are not stand-alone storage tanks but are on wheels and
are readily attached to a semi -truck for removal. The tankers are regulated
by the Federal Department of Transportation (DOT). The application
materials state that septic sludge and restaurant grease are a
non -hazardous material that is not known to cause airborne viruses and a
spill of the material is not likely to cause groundwater contamination. The
septic sludge material will not be land applied. The applicant has developed
an Emergency Action plan that has been reviewed and accepted by the
Department of Public Health and Environment. The applicant states that
minimal venting takes place with the transfer of the material from the
vacuum tank to the disposal tanker. The air in the tank will be displaced as
the tank is filled, but it will only take about three (3) minutes to offload
material into the tanks. There is no further odor or venting from the tanks
after offloading the material. An odor management plan was also submitted
with the application. Odors detected off -site shall not equal or exceed the
level of seven -to -one dilution threshold, as measured pursuant to
Regulation 2 of the Colorado Air Pollution Control Regulations. The
fifteen -to -one dilution threshold was allowed when the zoning permit for a
home business was approved. No sign is being requested and no
additional lighting is being proposed. There are three existing security
lights, two at the front of the home and one on the shed. All are down -cast.
There is a spotlight at the flagpole. 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 to include, reducing the odor dilution to a seven -to -one
requirement, modifying the hours of operation, limiting the noise level to
Commercial, and further to address noise, limiting the hours allowed for the
transfer of waste, and lastly, the applicant's use of landscaping and berms,
location of truck parking, and overall site plan also mitigates concerns.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
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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 not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
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/is not within
the Geologic Hazard Overlay District, a Special Flood Hazard 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 the
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 existing facility and proposed expansion areas are located on
approximately 3.75 acres that are designated Irrigated Land Not Prime, 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 Kenneth and Jamie Starman, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0010, for any Use permitted as a
Use by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone
Districts (parking, storage and staging of vehicles associated with a tanker truck septic business)
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 plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0010.
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 and label on the map the trash collection
areas. Section 23-3-350.H of the Weld County Code addresses the
issue of trash collection areas.
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5) The map shall show and label the existing landscaping and earthen
berms.
6) The map shall show and label the existing lighting in accordance
with the Weld County Code.
7) 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.
8) The map shall show and label the parking area for the vendors,
customers and/or employees.
9) County Road 53 is a gravel 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.
10) The applicant shall 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.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) 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.
13) The applicant shall show the drainage flow arrows.
14) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the USR 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 USR map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
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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 plat 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. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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 plat
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 2nd day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditA•iv �� �Cl�to•�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Bo
APPR• -1' AS
County Attorney
Date of signature: 06 -IN?
EXCUSED
Steve ; . reno, Ch
Barbara Kirkmey_ Pro-Tem
Sean P. Conway
Juli . ozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KENNETH AND JAMIE STARMAN
USR18-0010
1. The Site Specific Development Plan and Use by Special Use Permit, USR18-0010, is for
any Use permitted as a Use by Right, Accessory Use or Use by Special Review in the
Commercial or Industrial Zone Districts (parking, storage and staging of vehicles
associated with a tanker truck septic business) 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 7:00 a.m. — 7:00 p.m., Monday — Friday, for the hauling
operations. No offloading of septage into any storage tank is allowed after 7:00 p.m., or
before 7:00 a.m., except in the case of an emergency requiring longer hours, of which, no
more than four (4) occurrences per calendar year are allowed.
4. The number of on -site employees shall be six (6).
5. The number of vacuum trucks is limited to six (6).
6. The parking area on the site shall be maintained.
7. 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.
8. The existing landscaping and berms on the site shall be maintained.
9. 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.
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, C.R.S. 30-20-100.5.
11. 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
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
12. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
13. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. 25-12-103.
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14. Sewage disposal for the faciity shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to Onsite
Wastewater Treatment Systems. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
15. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at
all times. For employees or contractors on the site for less than two (2) consecutive hours
a day, and two (2) or less full-time employees on -site, portable toilets and bottled water
are acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
16. The facility shall be operated in a manner to prevent odors. Odors detected off -site shall
not equal or exceed the level of seven -to -one dilution threshold, as measured pursuant to
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 seven -to -one dilution threshold, or in the judgment of the Weld County Health
Officer, there exists an odor condition requiring abatement.
17. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance:
Discharges from Surface Cosmetic Power Washing Operations to Land July 2010" as
provided by the State.
18. Secondary containment shall be constructed around the semi -truck storage tanks to
provide containment for the tanks and sufficient freeboard to contain precipitation.
Secondary containment shall be sufficiently impervious to contain any spilled or released
material. Secondary containment shall be inspected at regular intervals and maintained
in good condition.
19. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills shall be reported to local,
state and federal agencies in accordance with all state and federal regulations.
20. The facility shall comply with all provisions of the State Underground and Above Ground
Fuel Storage Tank Regulations.
21. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
22. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
23. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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25. An Improvements and Road Maintenance Agreement will be required when the maximum
daily round trips exceed 21 per day.
26. The historical flow patterns and runoff amounts on the site will be maintained.
27. Sources of light shall be shielded so that beams or rays of light 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.
28. 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.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. 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 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.
31. 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.
32. 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 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
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resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
33. 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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