HomeMy WebLinkAbout20181341.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: April 17, 2018
Case Number: USR18-0010
Applicant: Kenneth and Jamie Starman, 33431 County Road 53, Gill, CO 80624
Representative: Sheri Lockman, Lockman Land Consulting, LLC, 36509 CR 41, Eaton, CO 80615,
Request: A Site Specific Development Plan and Use by Special Use Permit, USR18-0010, for
any use permitted as a use by right, an accessory use, or a use by special review in the
Commercial or Industrial zone districts (parking storage and staging of vehicles
associated with a vacuum truck septic business) in the A (Agricultural) Zone District.
Legal Lot A of Recorded Exemption RECX14-0078; located in Part of the SE4 of Section 17,
Description: T6N, R64W of the 6th PM, Weld County, Colorado
Location: West of and adjacent to County Road 53 and approximately 1900 feet north of State
Highway 392
Size of Parcel: +1- 3.75 acres Parcel No. 0801-17-4-00-001
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Health and Environment, referral dated March 2, 2018
Weld County Department of Public Works, referral dated March 5, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated February 8, 2018
Colorado Parks and Wildlife, referral dated February 8, 2018
Y Weld County Sheriff's Office, referral dated March 2, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
Y Galeton Fire Protection District
Y North Weld County Water District
Y West Greeley Conservation District
Y Weld County Department of Building Inspection
USR18-0010 - Ken & Jamie Starman
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: April 17, 2018
Case Number: USR18-0010
Applicant: Kenneth and Jamie Starman, 33431 County Road 53, Gill, CO 80624
Representative: Sheri Lockman, Lockman Land Consulting, LLC, 36509 CR 41, Eaton, CO 80615,
Request: A Site Specific Development Plan and Use by Special Use Permit, USR18-0010, for
any use permitted as a use by right, an accessory use, or a use by special review in the
Commercial or Industrial zone districts (parking storage and staging of vehicles
associated with a vacuum truck septic business) in the A (Agricultural) Zone District.
Legal Lot A of Recorded Exemption RECX14-0078; located in Part of the SE4 of Section 17,
Description: T6N, R64W of the 6t" PM, Weld County, Colorado
Location: West of and adjacent to County Road 53 and approximately 1900 feet north of State
Highway 392
Size of Parcel: +/- 3.75 acres Parcel No. 0801-17-4-00-001
Case Summary:
On June 16, 2014 the Board of County Commissioners approved a Zoning Permit for a Home Business,
ZPHB13-0005 for a Home Occupation - Class II (Front Range Septic - A Septage Hauling Business), in
the A (Agricultural) Zone District for Kenneth and Jamie Starman.
The Starman's are requesting a new permit to allow their business to expand from the two (2) 25 -foot
tandem axle, twin screw, vacuum trucks utilized to service local septic systems and restaurant grease
traps to include up to six (6) vacuum trucks, a 96 SF office and provide for up to four (4) over -the -road
tankers or tanks for the storage and transport of domestic septic sludge and restaurant grease and
up to six (6) employees. The tankers/tanks will be owned and operated by a separate appropriately
permitted business. Initially, they will be owned and operated by McDonald Farms Enterprises, Inc. When
full, septic sludge and restaurant grease will be transferred from the vacuum trucks into the
tankers/tanks. McDonald Farm Enterprises will remove the tankers/tanks as needed.
The application materials state that septic sludge and restaurant grease are not hazardous materials. They
are not known to cause airborne viruses nor is a spill likely to cause groundwater contamination. None of
the septic sludge will be applied to agricultural lands. An emergency response plan has been included to
address the remote possibility of a spill from one of the tanks. Smell from the septic sludge is limited to
the time it takes to attach the hose to the tank and pump the sludge from the vacuum trucks. The smell
disperses quickly.
The applicant is not proposing a sign, there will be no additional site lighting, and the existing landscape
treatment will also remain unchanged.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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.
USR18-0010 - Ken & Jamie Starman
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2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20.G.A.Goal 7. States "County land use regulations should protect the individual
property owner's rightto request aland use change."
A.Policy 7.1. 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. Further, no agricultural land has been taken out of production at
this site.
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
intens ive development."
Homes and businesses constructed in the unincorporated areas of Weld County relay on
adequate services and facilities are currently available or reasonably obtainable to
accommodate their water and sanitation needs. Many homes and businesses relay 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, the Development Standards, and the 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.
B. Section 23-2-220.A.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, an accessory use, or a 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 lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions" 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 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, 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
USR18-0010 - Ken & Jamie Starman
Page 3
Planning staff received two letters in opposition from adjacent neighbors within 500 -feet of the
property to the north and northeast of the property. Primary concerns are:
1. Impacts of odors occurring with the transfer of human waste and grease trap residue;
3. Impacts from noise from the vacuum pumps associated with the transfer of the waste.
4. Impacts from the dust from County Road 53
5. Impacts from the traffic on County Road 53, noise associated with trucks,
6. Impacts on Property Values
7. Impacts from health hazards and additional stress caused by the permitting of this facility.
The applicant states company vehicles are parked inside of a metal skinned building located on
site. Tanker trucks on loan from McDonald Farms are parked to the west of the metal
skinned building and below the earth 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 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 fifteen -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.
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 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 23-2-220.A.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 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
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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 23-2-220.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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the USR Map:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is
not limited to, dust control and damage repair to specified haul routes. (Department of Public
Works)
B. The enclosed commercial vehicle trailer located on site on skids shall be removed from the
property. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0010 (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. 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.
(Department of Planning Services)
5. The map shall show and label the existing landscaping. (Department of Planning Services)
6. The map shall show and label the opaque screening of the tanker storage trucks from
adjacent property and public rights -of -way. (Department of Planning Services)
7. The map shall show and label the existing lighting in accordance with the Weld CountyCode.
(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 show and label the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
10. 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
USR18-0010 - Ken & Jamie Starman
Page 5
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. The applicant shall show the drainage flow arrows. (Department of Public Works)
15. Show and label all recorded easements on the map by book and page number or reception
number and date on the site plan. (Department of Planning Services)
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 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 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 added for each
additional three (3) month period. (Department of Planning Services)
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.
(Department of Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
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. (Department of Planning Services)
USR18-0010 - Ken & Jamie Starman
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kenneth and Jamie Starman
USR18-0010
1. A Site Specific Development Plan and Use by Special Use Permit, USR18-0010, for any use
permitted as a use by right, an accessory use, or a use by special review in the Commercial or
Industrial zone districts (parking storage and staging of vehicles associated with a vacuum truck
septic business) 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 7:00 a.m. - 7:00 p.m. Monday - Friday, except for emergency.
(Department of Planning Services)
4. The number of on -site employees shall be 6. (Department of Planning Services)
5. The parking area on the site shall be maintained. (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 existing landscaping on the site shall be maintained. (Department of Planning Services)
8. The opaque screening of the tanker trucks shall be maintained. (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., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Weld County 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., as amended. (Weld County 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. (Weld County
Department of Public Health and Environment)
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. (Weld County Department of Public
Health and Environment)
13. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Weld County Department of Public Health and Environment)
14. Sewage disposal for the facility 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.
(Weld County Department of Public Health and Environment)
15. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
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Page 7
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. (Weld County Department of
Public Health and Environment)
16. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or
exceed the level of fifteen -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 fifteen -to -one dilution threshold, or in the judgment of
the Weld County Health Officer, there exists an odor condition requiring abatement. (Weld County
Department of Public Health and Environment)
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. (Weld
County Department of Public Health and Environment)
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. (Weld County Department of
Public Health and Environment)
19. The facility shall be operated to ensure that contamination of soil and groundwater does not occur.
(Weld County Department of Public Health and Environment)
20. 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. (Weld County Department of Public Health and
Environment)
21. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Weld County Department of Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Weld County Department of Public Health and Environment)
23. The property owner shall control noxious weeds on the site. (Department of Public Works)
24. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking. (Department of Public Works)
25. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
26. 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)
27. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
28. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
29. 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
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Page 8
lights may be used which may be confused with, or construed as, traffic control devices. (Department
of Planning Services)
30. 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 2017National 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)
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. WELD COUNTY'S RIGHT TO FARM: 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 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
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Page 9
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.
USR18-0010 - Ken & Jamie Starman
Page 10
March 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
Sheri Lockman
36509 CR 41
Eaton, CO 80615
Subject: USR18-0010 - A Site Specific Development Plan and Use by Special Use Permit for any use
permitted as a use by right, an accessory use, or a 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 parcelfsl of land described as:
PART S2 OF SECTION 17, T6N, R64W LOTA REC EXEMPT RECX14-0078 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 17, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 2, 2018 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
February 05, 2018
Sheri Lockman
36509 CR 41
Eaton, CO 80615
Subject: USR18-0010 - A Site Specific Development Plan and Use by Special Use Permit for any use
permitted as a use by right, an accessory use, or a 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 parcel(s) of land described as:
PART S2 OF SECTION 17, T6N, R64W LOT A REC EXEMPT RECX14-0078 OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
FIELD CHECK— USR18-0010
Inspection Date: March 26, 2018
Applicant: Kenneth and Jamie Starman, 33431 County Road 53, Gill, CO 80624
Request: A Site Specific Development Plan and Use by Special Use Permit, USR18-O01O, for any use permitted as
a use by right, an accessory use, or a use by special review in the Commercial or Industrial zone districts
(parking storage and staging of vehicles associated with a vacuum truck septic business) in the A
(Agricultural) Zone District
Legal: Lot A of Recorded Exemption RECX14-0078; located in part of the S2 Section 17, T6N, R64W of the 6th
P.M., Weld County, CO
Location: West of and adjacent to County Road 53 and approximately 1900 feet north of State Highway 392.
Parcel ID #: 0801-17-0-00-094
Acres: 3.75 +/-
Zoning
Land Use
N
AGRICULTURE
N
Rural Residence w outbuildings; Center Pivot and Irrigate lands
E
AGRICULTURE
E
Rural Residence w outbuildings
S
AGRICULTURE
S
Vacant land, Center Pivot and Irrigate lands
W
AGRICULTURE
W
Vacant land, Center Pivot and Irrigate lands
Comments:
County Road 53 is an all-weather road with a slight rise in elevation heading north. Access to the
Starman property is identifiable by their mail box and wide drive into the property. Access is graveled and
graded. The residence is site in an east -west orientation and is south of the metal skinned outbuilding.
The metal skinned building is located south of the north property line. To the north of the building is an
irrigation pond with large earth berm. There is also a line of columnar deciduous trees at the property
line, west of the building. An enclosed trailer body without chassis is on site to the east of the metal
skinned building as well as three elevated fuel tanks on stilts. Visual inspection did not identify any
evidence of spills.
There are three property owners in the immediate vicinity, to the north, northeast and east.
▪ House(s)
▪ Access to Property
o Crops, adjacent lands Hay
❑ Oil & Gas Structures, adjacent
❑ Outbuilding(s)
❑ Irrigation Sprinkler, adjacent
❑ Site Distance, good
❑ Topography, relatively flat
Note any commercial business/commercial vehicles that are operating from the site. Front Range Septic
Hello