HomeMy WebLinkAbout20181340.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0010
KENNETH & JAMIE STARMAN
KIM OGLE
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.
LOT A REC EXEMPT RECX14-0078, PART S2 OF SECTION 17, T6N, R64W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 1900 FEET NORTH OF HWY 392; WEST OF AND ADJACENT
TO CR 53.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 right to request a land 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.Goal8. states 'Ensurethatadequate services and facilities arecurrently 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 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.
RESOLUTION USR18-0010
KENNETH & JAMIE STARMAN
PAGE 2
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
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
RESOLUTION USR18-0010
KENNETH & JAMIE STARMAN
PAGE 3
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.
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 Planning Commission 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)
D. The enclo
(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)
RESOLUTION USR18-0010
KENNETH & JAMIE STARMAN
PAGE 4
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)
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 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)
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)
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 ).Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department of
Planning Services)
RESOLUTION USR18-0010
KENNETH & JAMIE STARMAN
PAGE 5
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)
Motion seconded by Lonnie Ford
VOTE
For Passage
Bruce Sparrow
Michael Wailes
Terry Cross
Gene Stifle
Lonnie Ford
Richard Beck
Against Passage
Jordan Jemiola
Tom Cope
Absent
Bruce Johnson
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 17, 2018
Dated the 17th of April, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0010
KENNETH & 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 Industnal 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 proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld
RESOLUTION USR18-0010
KENNETH & JAMIE STARMAN
PAGE 7
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 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 fifteen -to -one seven -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 lights may be
RESOLUTION USR18-0010
KENNETH & JAMIE STARMAN
PAGE 8
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 that an agricultural operation shall not be
RESOLUTION USR18-0010
KENNETH & JAMIE STARMAN
PAGE 9
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
PC. rrinoies
o (-1 / 17 / 18'
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 17, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope, Lonnie
Ford, Richard Beck.
Absent: Bruce Johnson.
Also Present: Kim Ogle and Michael Hall, Department of Planning Services; Lauren Light and Ben Frissell,
Department of Health; Evan Pinkham and Hayley Balzano, Public Works; Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 18-0010
KENNETH & JAMIE STARMAN
KIM OGLE
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.
LOT A REC EXEMPT RECX14-0078. PART S2 OF SECTION 17, T6N, R64W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 1900 FEET NORTH OF HWY 392: WEST OF AND
ADJACENT TO CR 53.
Kim Ogle, Planning Services, presented Case USR18-0010, reading the recommendation and comments
into the record. Mr. Ogle noted that there are two (2) letters in opposition outlining concerns of odors
occurring with the transfer of human waste and grease trap residue, impacts from noise of vacuum pumps,
dust from County Road 53, impacts of traffic on County Road 53, impacts on property value and impacts
on the health hazards and additional stress caused by the permitting of this facility. He added that staff
received four (4) letters in favor of the proposed project. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and the drainage
conditions for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Additionally, she provided a brief overview of how septic
pumpers are regulated.
Sheri Lockman, Lockman Land Consulting, 36509 CR 41, Eaton, Colorado, stated that the applicants
operate Front Range Septic from their property and they are permitted under a Zoning Permit for Home
Occupation (Class II) currently. She added that they service the local septic systems and restaurant grease
traps. The applicants wish to increase their operation with up to six (6) trucks and four (4) tanks that the
vacuum trucks can offload into. The current permit allows for underground storage. Ms. Lockman stated
that the above ground tanks are superior to the previously approved underground tanks as the above
ground tanks do not require bubbling to mix the heavy materials from the bottom and this will eliminate the
odor to the short offload period which usually takes approximately three minutes.
Ms. Lockman stated that they had some concerns with staff comments and when allowed she would like to
make those requests.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
1
Steve Gulley, 33605 CR 53, stated that he lives north of and adjacent to the site He stated that when they
bought their land there was no septic business next to them He added that right now the applicant is not
storing or transferring septage on site and if approved he would be allowed to have up to 10 trucks per day
He expressed concerns regarding the odor, traffic and noise He asked the Planning Commission to
consider that this is a heavy commercial operation and added that it doesn't belong in this area
Sheri Gulley, 33605 CR 53, stated that prior to the home business permit the sewage was stored in free
standing tanks on the applicant's property and the odor was terrible Since the applicant had to get the
Zoning Permit they were required to put the sewage in enclosed tanks She said that every other septic
collector in Weld County has to take the septic to an approved septic receptacle location and doesn't see
why that should not be the case for the applicant She expressed concern for traffic when the applicant's
access is at the crest of a hill and added that trucks block both lanes of County Road 53 when pulling out
of his site
Commissioner Jemiola asked if the applicant could do anything to make this use more amenable for them
Ms Gulley said that she doesn't know but suggested that going from the pump tanks to the transport tanks
there might be a seal to attach
Ms Lockman stated that the tanks the Gulley's were referring to are long gone She added that part of the
problem with those tanks was that they needed to be bubbled to stir and that is where the smell came from
The smell that they will have now is when they hook the hose up will be from displacement of the air and it
will not be the same kind of smell
Kenneth Starman, 33431 CR 53, provided a brief description of how the septage is transferred into the
tanks He added that the smell they will have now is from displaced air
Commissioner Sparrow asked if it is possible to use two hoses, one to take the displaced air and put it back
in the tank your taking the septage out of Mr Starman said that you have to get rid of the air and it only is
displaced when you are not moving solids He clarified that the smell happens when the tank is empty and
there is air shooting out the hoses at the last part of the load
Commissioner Jemiola asked what the challenge is from hauling it directly from the vacuum truck to
McDonald Farms Mr Starman said it is time management and it would put two more trucks on the road
than having a storage tank on site from McDonalds He added that the only facilities that will take the waste
are in Fort Collins and Frederick
Commissioner Ford referred to the access at the crest of the hill and the traffic hazard and asked if
accessing from the south is a possibility Mr Starman said that his entire farm would have to be under the
USR to move the access to the southern part of his property and added that he also farms it and it would
take agriculture out of production Ms Lockman suggested that Ms Balzano take a look at that access and
provide an opinion of the safety of that access and the hill Ms Balzano said that she would perform a field
inspection prior to the Board of County Commissioners hearing
Bob Choate, County Attorney, said that instead of trying to determine how to fix the problem he referred to
Development Standard 16 regarding odor He said that it states that 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 by Regulation 2 He said that the State standard is seven -to -one and he added
that the Planning Commission can decide if that threshold needs to be reduced to seven -to -one if the
Planning Commission thinks that is necessary in order for this to mitigate the incompatibilities for the siting
of this particular facility
Motion Amend Development Standard 16 to reflect the seven -to -one dilution, Moved by Tom Cope,
Seconded by Jordan Jemiola
Vote Motion passed (summary Yes = 6, No = 2, Abstain = 0)
Yes. Gene Stifle, Jordan Jemiola, Lonnie Ford, Richard Beck, Terry Cross, Tom Cope
No Bruce Sparrow, Michael Wailes
2
Ms Lockman referred to Condition of Approval 1 B relating to a commercial vehicle trailer and said that it
is actually a cargo container that has received required building permits She asked that this condition be
removed
Additionally, she referred to Condition of Approval 1 C 6 regarding opaque screening and provided pictures
of the site She said that because of the topography of the land a lot of things are screened by the berm
on site and the hill, therefore a six foot fence won't screen the tankers from the Gulley's house
Commissioner Cope asked if the opaque screening includes trees as shown on the pictures Mr Ogle
replied that the trees are included in opaque screening Mr Cope asked if the idea that the opaque
screening of the tanker trucks shall be maintained means that the trees that are there need to be
maintained Mr Ogle replied that the trees need to be replaced if they should die Mr Cope said that he
doesn't' see the need of removing Condition of Approval 1 C 6
Motion. Delete Condition of Approval 1 B, Moved by Tom Cope, Seconded by Bruce Sparrow Motion
carried unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Commissioner Jemiola stated that he doesn't believe this use is compatible with surrounding land
Commissioner Cope said that he is concerned with the potential odor as well as it is a foul smell He is also
concerned with the safety of the road and the trucks going in and out of the site He added that the use of
the shed and storing the trucks and not transferrin of waste he would be fine with but he is concerned with
the bigger trucks and the transferring of the waste
Commissioner Ford is concerned with the safety issue on the road
Commissioner Beck said that he hopes Staff will take a look at the road situation before the County
Commissioner hearing to evaluate if a warning sign should be put up or the speed limit reduced
Commissioner Cross said that the applicant is providing a service that the County needs with the growth
we are experiencing He added that they will try to mitigate the escaping smell as much as they can
Motion Forward Case USR18-0010 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Gene Stile, Seconded by Lonnie Ford
Vote Motion passed (summary Yes = 6, No = 2, Abstain = 0)
Yes Bruce Sparrow, Gene Stile, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross
No Jordan Jemiola, Tom Cope
Commissioner Cope said that he is concerned with the safety of the vehicles on the road and believes that
it can be mitigated with signage or reducing the speed limit
Commissioner Jemiola cited incompatibility and is concerned with the odor emissions and the private
property rights and enjoyment of the surrounding neighbors
Meeting adjourned at 4 10 pm
Respectfully submitted,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
NAME
ADDRESS
John Doe
123 Nowhere Street, City, State, Zip
-'506
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