HomeMy WebLinkAbout20181352.tiffHEARING CERTIFICATION
DOCKET NO. 2018-39
RE: 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 - KENNETH
AND JAMIE STARMAN
A public hearing was conducted on May 2, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated March 26, 2018, and duly published March 29,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request 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. Bob Choate, Assistant
County Attorney, made this a matter of record.
Chair Pro-Tem Kirkmeyer reviewed for the applicant and the public, the procedures to follow
should this case result in a tie vote due to four Commissioners being present and Commissioner
Moreno excused.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the 3.75 -acre site contains the business and a residence. He described the location in
relation to relevant County roads, adjacent land uses, proximity of the nearest residences, with
six (6) surrounding property owners within 500 feet of the site. He stated staff received four letters
of support and two letters of opposition from adjacent property owners that included concerns
regarding odors, noise related to the business, dust, traffic on County Road (CR) 53, noise
associated with traffic, property values, and health hazards. Mr. Ogle stated the site is not within
the three (3) mile referral area of any municipality or intergovernmental agreement area. He
w 'LCMMR $i, RA) tE.PI1.43i) EA WO
c, (rs)
fr1 I i i I 1 c
2018-1352
PL2546
HEARING CERTIFICATION - KENNETH AND JAMIE STARMAN (USR18-0010)
PAGE 2
explained the business was originally approved June 16, 2014, under Permit #ZPHB13-0005, for
a Home Occupation Class II Permit for Front Range Septic, and he stated the applicant is
requesting a new permit to expand from two (2) vacuum trucks to include up to six (6) vacuum
trucks, a small office, up to four (4) over -the -road (OTR) tankers or wheel tanks for storage and
transport of domestic septic sludge, and up to six (6) full-time employees. He explained the
tankers or tanks are owned and operated by a separate business, McDonald Farms Enterprises,
Inc., and when the vacuum trucks are full they will return to the site and the material is transferred
to the tanks or tankers and removed for disposal. Mr. Ogle reported only two (2) locations that are
permitted to receive septic sludge and restaurant grease, McDonald Farms Enterprises and the
City of Fort Collins. He stated the application materials state that septic sludge and restaurant
grease are not considered hazardous material, nor are they known to cause airborne viruses, nor
is this likely to cause groundwater contamination, and none of the septic sludge will be applied to
agricultural lands. He reviewed the proposed parking, hours of operation, and screening, and
stated there will be no signs or additional lighting. Mr. Ogle reported staff sent nine (9) referrals
and received two (2) responses offering comments that have been addressed in the staff
recommendation. He displayed images and entered the favorable recommendation of the
Planning Commission into the record as written. In response to Commissioner Conway, Mr. Ogle
reviewed the approximate tree height.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and presented the drainage and grading requirements.
She stated the site accesses from CR 53 and she provided average daily traffic counts and truck
percentages. She explained the applicant has met the requirement for tracking control, as all
interior roadways are covered in road base, and Public Works is requesting a Road Maintenance
Agreement. Ms. Balzano stated the applicant meets exception #1.A.13 allowing for an exemption
for parcels between 1-5 acres for up to 1,000 square feet buildings or imperviousness. She stated
there were concerns with the topography in relation to the sight distance of the access and she
displayed photos of a recent site visit and reported no staff concerns with sight distance.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating water is provided by the North Weld County Water District and septic service
is provided by an existing septic system sized for three (3) bedrooms. She stated portable toilets
are acceptable for employees. Ms. Light explained that septic pumpers are regulated through the
Weld County Department of Public Health and Environment and must be licensed every year and
provide monthly logs disclosing the number of gallons and where the septage is being disposed.
She reiterated the two (2) possible locations as being the Wastewater Treatment Plant in Fort
Collins or the permitted facility of McDonald Farms in Frederick which is the only facility permitted
to perform land application of septage. She explained the tankers hold 5,000-9,000 gallons of
septage and that the Department of Transportation regulates the tankers to ensure they are road
worthy. Ms. Light reviewed the change made at the Planning Commission hearing to
Development Standard (DS) #16 to reduce the odor detection level from a fifteen -to -one (15:1)
dilution, approved in the original home business permit, to a seven -to -one (7:1) dilution, as
measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations due to the
close proximity of the surrounding residences in the area and this DS also allows for staff to
perform stricter odor control. She reported no complaints to date for this business. Ms. Light
explained the results of a soil percolation test that revealed very slow percolation due to the high
clay content layer of soil which would act as a buffer, should there be a spill, and prevent soil or
2018-1352
PL2546
HEARING CERTIFICATION - KENNETH AND JAMIE STARMAN (USR18-0010)
PAGE 3
ground water contamination. She briefly reviewed strict rules for fuel storage, the commercial
noise level, and stated Development Standards (DS) #9-22 address Environmental Health items.
• Sheri Lockman, Lockman Land Consulting, represented the applicants and began by
reviewing the current permit for this indispensable business given the number of septic systems
needing service in Weld County. She stated there are approximately 9,000 permitted septic
systems and an additional unknown number of systems installed before permitting was required
and she stated since January 1, 2017, there have been 355 new permits applied for which
calculates to almost one per day. Ms. Lockman stated the current permit allows for underground
storage; however, the above ground tanks are superior as they reduce odor and noise. She
reported the Starmans have operated since 2014 without any violation, the site is well maintained
and she has some comments regarding the Conditions of Approval and the Development
Standards but can address those later.
• Winifred Pfeif, surrounding property owner (SPO), expressed her frustration regarding the
continued disturbance of her retirement as she stated they moved to their home 18 years ago and
the disturbances have been constant with water trucks and now the facility, resulting in odor and
noise. Ms. Pfeif expressed concern with the chemicals and sewage and stated she is opposed to
the increase to six trucks. She complained of the constant noise of the oil and gas industry in the
area and now she is also very concerned about spills that have happened and been covered up
with gravel. She asked if anyone knows what is really going on? She expressed frustration over
the visual impact, odors and decreasing value of her home due to the close proximity of this
business.
• Steve Gulley, SPO, stated he is the neighbor to the north and he began by thanking the
Commissioners for the CR 49 Project. He stated there was no septic business when he purchased
his 250 -acre property. He reported the Starmans first collected and stored the septage on -site in
unpermitted above ground containers and they would empty them periodically and when he asked
Mr. Starman to do something about the stench coming off these tanks, Mr. Starman replied that
it is the smell of money. Mr. Gulley stated the Starmans decided to get a home business permit
and have been operating for years. He expressed concerns regarding the odor, as it takes closer
to twenty minutes to empty a truck, and noise, as it sounds like a jet engine only 400 feet from
their home. He stated the applicant has options to continue to operate without expansion or
increase of odor and noise and traffic to the neighbors. He concluded that this USR is about greed
and he is frustrated that the neighbor ignores the golden rule to treat others as you would wish to
be treated and he is opposed to the storage of human waste only 400 feet from his home. He
clarified that he has no issue with storing empty trucks on -site. In response to Commissioner
Conway, Mr. Gulley stated he made no complaints other than those directly communicated to the
applicant. He further asserted the business has been operating since 2012, and the applicant did
not have a permit until 2014.
El Sheri Gulley, SPO, emphasized that Front Range Septic has been in operation for many
years and began before they applied for the variance by storing and transferring human waste
on -site which caused a terrible stench, jet -like noise, and McDonald trucks coming and going.
She expressed her opinion that this is a heavy industrial company. Ms. Gulley stated parking the
trucks on -site is not an issue but having a human waste transfer station next door is much less
2018-1352
PL2546
HEARING CERTIFICATION - KENNETH AND JAMIE STARMAN (USR18-0010)
PAGE 4
desirable as it reduces the value of their property, which has been confirmed by two realtors, and
the noise and smell are awful. She lamented the decision to move to the country for a peaceful
life as there is no peace with this business as a neighbor and she is opposed to the expansion to
six trucks as they suffer daily invasion and loss of property value equating the applicant's gain to
their loss. She reiterated the business was operating prior to a permit and expressed her regret
that they addressed it by going directly to the neighbor instead of calling in every time there was
an issue. Ms. Gulley requested they not store waste near their property.
== Don Pfeif, SPO, stated he moved to this location because it was peaceful and quiet 18 years
ago. He expressed frustration with the oil and gas industry impacting their quality of life. He stated
this business has caused noise and smell with loading and offloading. In response to
Commissioner Cozad, Mr. Pfeif stated when the applicant first started he unloaded septage into
tanks and it had a horrible odor and a screaming jet -like noise.
Sheri Gulley responded to the Board's question and stated before the applicant applied for
the home business permit, he was running his company on -site and offloading the waste into his
above ground tanks; however, after he got the permit and they asked him to put the tanks into the
ground, he opted to take the septage to Frederick and has been doing it that way ever since, so
that all he is doing now is parking and cleaning his trucks at the home location, which is not an
issue. She repeated empty trucks are not a concern, but handling and storing sewage at the home
is the problem with the horrible odors.
El. Ken Starman, applicant, stated he started the business in 2007, and in 2010 was when he
was offloading into the above ground tanks, as mentioned. In 2012, he realized he was out of
compliance and brought himself into compliance with the permit in 2014. He emphasized he is
approved for the in -ground tanks but has chosen not to use them because of the same reasons
his neighbors have stated regarding the odor emissions when the sewage has to be stirred to get
it up out of the tank and offloaded. He clarified he does not take the material to Frederick any
longer and has been taking it to a facility that is now up for sale here in Weld County, which is
why he is looking to expand his operations on -site. Mr. Starman stated there have been no spills.
He repeated that he turned himself in for non-compliance to get the permit in the first place and
he is already approved for the underground storage. He explained he is trying to make it better
by creating a way for McDonald Farms to pick up and go in minutes rather than having to stir it
up. In response to Chair Pro-Tem Kirkmeyer, Mr. Starman stated offloading can take three to
seven minutes.
In response to Commissioner Conway, Mr. Starman stated the odors are only when
offloading or transferring for short periods of time. He explained the number of loads varies
depending on location, because if he is close to an offloading facility, he will offload at those sites,
and every tank is different and the daily demand is different. To address questions related to
noise, Mr. Starman stated they have three (3) rows of trees and a large berm and his opinion is
that between trees and berms, the noise will be muffled, and they put exhaust mufflers on their
trucks. In response to Commissioner Cozad, he explained the compliance with the stricter dilution
level will be difficult but he expressed the reality that he lives on -site so he doesn't want high
levels of odor either. He explained the number of loads depends on demand.
2018-1352
PL2546
HEARING CERTIFICATION - KENNETH AND JAMIE STARMAN (USR18-0010)
PAGE 5
x = In response to Commissioner Conway, Ms. Light explained the difference on permit
requirements and state and federal regulations regarding on -site treatment systems, storage
tanks, and tanker trucks.
In response to Commissioner Cozad, Mr. Starman reiterated he lives on -site and wants to
control the odor as much as possible, and he emphasized it is for short durations.
• In response to Chair Pro -Tern Kirkmeyer, Ms. Light stated since there is no treatment of the
septage, the State does not consider this use a transfer facility. Mr. Ogle explained the description
of the use as it complies with the Weld County Code.
El In response to Chair Pro -Tern Kirkmeyer, Mr. Starman stated he has no further comments.
El Commissioner Freeman stated what is permitted now is the ability to offload into tanks and
it makes more sense to transfer to trucks than what was permitted in 2014. In response to Chair
Pro-Tem Kirkmeyer, Mr. Ogle stated the Home Occupation Permit will be cancelled if the USR is
approved. Commissioner Cozad stated the Board has the ability to regulate with more Conditions.
Commissioner Conway asserted the dilution requirement is more stringent with the USR as well.
In response to Chair Pro-Tem Kirkmeyer, Ms. Lockman requested clarification regarding the
Road Maintenance Agreement due to the low number of truck trips. In response to Chair Pro-Tem
Kirkmeyer, Mr. Starman stated he estimates an average of four (4) round trips per day.
Ms. Lockman requested the removal of "opaque screening" on COA #1.C.6 and DS #8.
Commissioner Freeman suggested deleting COA #1.C.6.
Commissioner Cozad stated she would be fine with removing the Condition for a Road
Maintenance Agreement if there was a Development Standard that stipulated if/when the number
of round trips exceeds 21 per day, a Road Maintenance Agreement will be required. She further
stated she is not willing to reverse the recommendation regarding the odor dilution back to 15:1
for the purpose of mitigating for the neighbors and she also requested clarification regarding the
hours of operation and what "in the case of an emergency" means.
• Chair Pro-Tem Kirkmeyer reviewed suggested changes by fellow Commissioners and
recommended the deletion of COA #1.A regarding the Road Maintenance Agreement and
COA #1.6.6 regarding opaque screening. She requested "...and earthen berms."be added to the
end of COA #1.B.5. She requested the applicant provide clarification regarding emergencies in
relation to the hours of operation. Mr. Starman explained the nature of septic emergencies.
Commissioner Freeman suggested a limit to the offloading to remain within regular business
hours, which has nothing to do with going off -site for emergencies. The Board requested
Mr. Choate provide language. Chair Pro-Tem Kirkmeyer suggested deleting DS #8. In response
to Chair Pro -Tern Kirkmeyer, Ms. Light explained the intent of DS #19 and DS #20. The Board
agreed to delete DS #19. Chair Pro -Tern Kirkmeyer requested clarification regarding DS #21 and
suggested adding the word "Fuel" prior to "Storage Tank Regulations." The Board agreed to
amend DS #26 to require a Road Maintenance Agreement based on triggers related to more than
21 round trips per day, to delete DS #27, and to add the words ... "and berms..."to DS #7. Chair
2018-1352
PL2546
HEARING CERTIFICATION - KENNETH AND JAMIE STARMAN (USR18-0010)
PAGE 6
Pro -Tern Kirkmeyer suggested adding a sentence to DS #3 to read, "No offloading of septage into
any storage tank is allowed after 7:00 p.m. or before 7:00 a.m."
In response to Chair Pro -Tern Kirkmeyer, Mr. Starman requested clarification regarding
DS #3, and he asserted he may need to unload outside of normal working hours. Commissioner
Cozad reminded Mr. Starman that the Board is mitigating for the neighbors to meet the
requirement of compatibility with surrounding property owners. Commissioner Conway agreed
the attempt is based on the public input and protecting the neighbors. In response to
Commissioner Conway, Mr. Starman stated he may need to offload as soon as his truck is full
and he provided an example of a recent emergency that required constant offloading or there
would have been septage running into the river.
Jamie Starman, co -applicant, clarified that the City of Fort Collins Wastewater Treatment
plant does not have weekend hours, which created an emergency situation for an RV Park that
had raw sewage overflowing from a dump station, and this is an example of the sorts of
emergencies that can occur and that they are requesting the ability to be available for service.
She stated, as far as frequency, something like this may happen about every six (6) months.
Commissioner Conway suggested further discussion regarding an allowance for these types of
emergencies.
'' _= Commissioner Cozad reminded everyone that this is a request for a Use by Special Review
Permit in an Agricultural Zone District and one of the requirements is compatibility with the
surrounding neighborhood. She expressed her understanding that the applicant has a business
to run but there are neighbors who also have a right to enjoy their property. She requested the
Board create language that allows flexibility in an emergency but also reduces the impact on the
neighbors.
El Commissioner Conway agreed there needs to be a limit. Chair Pro -Tern Kirkmeyer
suggested they set the limit to four (4) occasions per calendar year that would allow for
emergencies that fall outside normal working hours.
Mr. Starman requested clarification on what constitutes a spill as far as State regulations.
e In response to Chair Pro -Tern Freeman, Mr. Starman indicated he has reviewed, and agrees
to abide by, the Conditions of Approval and Development Standards, as amended.
_; Mr. Ogle interjected his recommendation for a new Development Standard (DS) #5 to limit
the number of vacuum trucks to six (6).
El In response to Chair Pro -Tern Freeman, Mr. Starman again indicated he agrees to abide
by, the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad added comments to the findings in 2.C, referencing
Section 23-2-230.B.3, to correlate with the Board's mitigations related to concerns presented
today and received by mail. She stated the Board agreed to reduce odor dilution to a 7:1
2018-1352
PL2546
HEARING CERTIFICATION - KENNETH AND JAMIE STARMAN (USR18-0010)
PAGE 7
requirement, modified the hours of operation, limited the noise level to Commercial, and further
to address noise limited the transfer of waste, and she added the applicant's use of landscaping
and berms, location of truck parking, and overall site plan also assists in addressing those
concerns.
Commissioner Cozad moved to approve the request 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, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
as amended and entered into the record. The motion was seconded by Commissioner Freeman.
Commissioner Cozad expressed her appreciation for the neighbors being present, stating they
helped in the process because this permit is more restrictive and the additional amendments will
help mitigate the concerns. She stated she expects the applicants to be good neighbors.
Commissioner Freeman agreed and stated this makes it a better permit because it is more
restrictive. Commissioner Conway agreed and thanked the neighbors for testifying today and to
Mr. Starman, he stated the neighbors are watching and when folks address you with issues, he
encouraged him to please be respectful. Chair Pro-Tem Kirkmeyer stated she also appreciated
the neighbors participating in the process and she agreed it is better because it eliminates the
underground storage issues and the odor threshold has been limited to 7:1. There being no further
discussion, the motion carried unanimously and the hearing was completed at 4:16 p.m.
This Certification was approved on the 7th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifet)< je-40 e.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
APD AS TO
Date of signature: 06-// -48
a •ara Kirkme
d
nn
oun y orney EXCUSED DATE OF APPROVAL
Mike Freeman
2018-1352
PL2546
ATTENDANCE LIST
,2-.zkW
NAME
PLEASE
COUNTY
OF
SPEAKING?
-
PRINT
LEGIBLY
ADDRESS,
CITY,
ST,
ZIP
EMAIL
RESIDENCE
,. :..,a
?
s
(Y /
N)
hYLLS
HicheAs
PaPf\
jcsce A iv -
'a\ 'i (1 ta‘
5)1 Hocismi
Cc) ?s(369(
co e id
A, i t
al
KYLI /lin
2.-77 5 l-bi
, ,,,a, L
70 ire Sti
A ieeetaiii f
'3/
Let,,--Qt-e)
c,
4/
3
r
/ wicov "-Le
A"
!
..? 4a.�
t
4
y
rho
35413/
(IC �Zr�
��L)
it
t
iTorkmcin
e
369F:4c' - li f CO
Joc euktirewirre,
1 rito
n
she[ : /n a v■
.
.
,,,,„
Ain{
o ILoYykiatit- gOSOI
�`.G��/
Esc ��'��
volia�
mil,!depos3(
I 5
0 it
or-e.,tveak ck.-tou
)7,4? -3,7t
La( 73 (re)
-
sev
ut.),,,Q
0\
7
0
/in
0 4-e7-4- %,
6 i i 1-: id Lity - li itie 0;4 Ma
hitectes44,0 fie/et-Joy\ ' ' 6 Un-"
44 let as
/
c 0.-.
fr
i)
3,-.5S/G>
tedb(c.
r:/. // er4(--icifx54):-.)y
1
1
,'�
�y/
e ( I '
T.54•LcD1/4/1.e. GAlley
3 560.s- c K 5- G ;1/ go6e ti
titierea,
a5
I
,,, 4, /
ri L-7 (AI lee
55 (-74 ;1)&2
88621,
v
Hello