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LAND USE APPLICATION
SUMMARY SHEET
Michael Hall
USR18-0063
Michael M. Pyne and Lena V. Lang -Ley Pyne
Hearing Date: November 20, 2018
A Site Specific Development Plan and Use by Special Review Permit for a home
business (semi -truck parking for transporting milk from farms to milk receiving facilities)
in the A (Agricultural) Zone District.
Lot A of Corrected Amended Recorded Exemption RE -2442; being a part of the NW4
of Section 33, T4N, R66W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 29; northwest of and adjacent to Highway 85;
approximately 0.03 miles north of County Road 38.5
Size of Parcel: +1- 7.4 acres Parcel No. 1057-33-2-00-004
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:
v
Town of Gilcrest, referral dated July 17, 2018
Weld County Zoning Compliance, referral dated June 29, 2018
Colorado Division of Water Resources, referral dated July 2, 2018
Weld County Department of Public Works, referral dated July 30, 2018
Weld County Department of Public Health and Environment, referral dated July 24, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County School District RE -1, referral dated June 29, 2018
Y Central Weld County Water District, referral dated July 16, 2018
Y Platteville-Gilcrest Fire Protection District, referral dated June 30, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Town of Milliken
▪ Town of Platteville
▪ Platte Valley Conservation District
▪ Weld County Department of Building Inspection
USR18-0063 - Pyne
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Planner:
Case Number:
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Request:
Legal
Description:
Location:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Michael Hall
USR18-0063
Michael M. Pyne and Lena V. Lang -Ley Pyne
Hearing Date: November 20, 2018
A Site Specific Development Plan and Use by Special Review Permit for a home
business (semi -truck parking for transporting milk from farms to milk receiving facilities)
in the A (Agricultural) Zone District.
Lot A of Corrected Amended Recorded Exemption RE -2442; being a part of the NW4
of Section 33, T4N, R66W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 29; northwest of and adjacent to Highway 85;
approximately 0.03 miles north of County Road 38.5
Size of Parcel: +1- 7.4 acres Parcel No. 1057-33-2-00-004
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a
home business (semi -truck parking for transporting milk from dairy farms to milk receiving facilities) on a
T4 acre parcel. The applicants own and operate the trucking company as M Pyne Custom Hauling, LLC
whose purpose is to haul milk from six (6) local dairies associated with Dairy Farmers of America. There
are currently six (6) trucks and trailers parked on site with one (1) additional truck planned for a total of
seven (7) commercial vehicles. A home office is located within the existing residence for clerical and
administrative purposes. Truck parking is located in the center of the site which is south of the existing
residence on gravel road base and employee parking is located to the west of the residence. The
applicant proposes to install white vinyl style fencing that will be maintained as necessary. Existing
vegetative screening and landscaping will be maintained, and new evergreen trees are proposed along
the property line with State Highway 85 and County Road 29. Minor vehicle maintenance occurs on -site
such as changing tires, repairing brakes and replacing lights; oil changes are performed off -site. No
painting, washing or on -site fuel storage is proposed, and waste materials will not be stored on site. No
public access, additional buildings, site improvements, signage or gates are proposed.
The hours of operation of the business are 4:00 am to 3:00 am, 7 -days a week. Trucks idle for approximately
ten (10) minutes prior to leaving the site. There are three (3) shifts of drivers; the first shift of four (4) trucks
being between 4:00 am to 2:00 pm; the second shift of one (1) truck being between 2:00 pm to 12:00 am;
the third shift of one (1) truck being between 3:00 pm to 3:00 am. Trucks will be parked on site when not
in use. Two (2) full-time drivers live on -site and five (5) full-time drivers live off -site. Non-resident full-time
employees will be on -site for less than two (2) hours at a time to pick-up and drop-off trucks.
The site is currently in violation (ZCV18-00058) of Chapter 23 of the Weld County Code for not having the
necessary land use permits before operating a commercial trucking business. This case has not been
forwarded to the County Attorney's Office.
If this application is approved by the Board of County Commissioners, it will correct the outstanding
violation. If this application is denied, the Department of Planning Services asks that the Board refer this
case to the County Attorney's Office for legal action, but to delay legal action for 30 (thirty) days to
remove all but 1 (one) Commercial Vehicle and all associated commercial storage and operations from
the property.
USR18-0063 - Pyne
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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.
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.A.5. - A.Policy 1.5. states, "Support and entice agriculturally related
businesses and processing facilities."
This business is agriculturally related and supports the dairy farming industry as a hauler
for the local Dairy Farmers of America Co-op. M Pyne Custom Hauling transports milk
from six (6) local dairies within a 15 to 50 -mile radius, on a daily basis, year-round. The
milk is transported to receiving facilities in the Fort Collins, Greeley and Denver area.
Section 22-2-20.E2 - A.Policy 6.2. states, "Support opportunities, such as but not limited
to hobby farming and home businesses, to supplement family income and reduce living
expenses for farm families and others who prefer a rural lifestyle."
This home business is owned and operated by the property owners and is their source of
income. The owners intend to keep the business small and efficient, so they can stay on
the site for many years. The property owners have also identified that the site is suitable
for a home trucking business as the site is relatively rural but is directly adjacent to State
Highway 85 and is in a central location to numerous Weld County dairies.
Section 22-2-20.G.2. - A.Policy 7.2. states, "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development, and should attempt to be
compatible with the region.
The property contains a residence which is compatible with surrounding properties that
include rural residential and agricultural uses. The proposed home business will
complement the existing uses of the property. Productive agricultural activities do not
currently exist on -site and are not readily supported on this parcel because of the small
lot size. Additionally, the subject business provides a needed transportation service from
dairy farms to milk receiving facilities which are found throughout the region.
Section 22-2-20.H. - A.Goal 8. States, "Ensure that adequate services and facilities are
currently available or reasonably obtainable to accommodate the requested new land use
change for more intensive development."
Water and septic service are provided to the property. A domestic well provides water
service to the property (permit # 220773), which will not be used for the business. There
is an existing septic system, permit #SP -1500271, for the existing home (18598 County
Road 29) and is sized for four (4) bedrooms. No structures are proposed to be used for
the business. The business will be served by a portable toilet and bottled water will be
provided for the five (5) non-resident employees when they are at the site.
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
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Section 23-3-10. --Intent, of the Weld County Code states, "The A (Agricultural) Zone
District is also intended to provide areas for the conduct of Uses by Special Review which
have been determined to be more intense or to have a potentially greater impact than
Uses Allowed by Right."
Section 23-3-40.P. -- Uses by special review, of the Weld County Code allows, "Home
Business" Home businesses are defined as an "incidental use to the principal permitted
use for gainful employment of the family residing on the property" per Section 23-1-90 of
the Weld County Code.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The adjacent lands consist of farmland, rural residences, oil and gas operations and
confined animal feeding operations. There are two (2) properties immediately adjacent to
the site; one (1) with a residence. The applicant does not own any other contiguous land.
The Weld County Department of Planning Services sent notice to four (4) surrounding
property owners within 500 feet of the proposed USR boundary. No responses were
received back. The applicants sent notice of a community meeting via certified mail on
May 14, 2018 to the surrounding property owners. A neighborhood meeting was held on
May 19, 2018 at 11:00 am at their residence which was attended by the Ray family. On
May 20, 2018, the Petrocco family met with the applicants. At both meetings, the
application was discussed and no concerns were expressed.
There are five (5) USRs within one mile of this site. USR-1197 for a 10,000 head cattle
feedlot is directly to the east, across Highway 85. USR-1209 for a moving company is to
the west. USR13-0043 for a mineral resource development facility is to the south. USR-
866 for an oil and gas support facility is to the northwest. USR13-0042 for a mineral
resource development is to the northwest.
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.
This site is located within the three (3) mile referral area of the Town of Gilcrest, Town of
Milliken and Town of Platteville. The Gilcrest referral response, dated July 17, 2018,
provided comments on the application. The 2017 Gilcrest Comprehensive Plan
designates the subject property for "Employment" and the proposed USR complies with
this designation. Additionally, Gilcrest recommends that the applicants complete the USR
process with the County and then enter into a pre -annexation agreement with the Town,
and that any additional development would be submitted as an annexation request to the
Town. Gilcrest also provided comments on traffic, landscaping/screening and property
maintenance. No responses were received from Milliken or Platteville.
The site is located within the Gilcrest, Milliken and Platteville Coordinated Planning
Agreement (CPA) areas. As part of the pre -application process, Milliken and Platteville
submitted signed Notice of Inquiry forms that stating that they did not have annexation
interest. The site is not located in a Regional Urbanization Area (RUA) or Urban Growth
Boundary (UGB) 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 not within the A -P (Airport) Overlay District, Geologic Hazard Overlay
District, a Special Flood Hazard Area or MS4 area.
USR18-0063 - Pyne
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Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of 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 majority of the site contains soils designated as "Irrigated Land (Not Prime)" per the
1979 Soil Conservation Service Important Farmlands of Weld County Map. A small
portion of the site contains "Prime (Irrigated) - Farmlands of National Importance." The
subject site is not used for agricultural purposes and will not further remove any active
farm ground from production. The USR is located on a triangle -shaped recorded
exemption lot that is located between Highway 85 and County Road 29.
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 map:
A. The applicant shall address the comments of the Town of Gilcrest regarding landscaping,
screening, traffic impacts and pre -annexation as stated in the referral response dated July 17,
2018. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
B. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage
repair to specified haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and approval of completed
improvements. (Department of Public Works)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0063. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label the parking area for the commercial semi -trucks and trailers and the
parking area for employee vehicles. (Department of Planning Services)
5) Show and label the location of existing buildings. (Department of Planning Services)
USR18-0063 - Pyne
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6) Show and label the existing and proposed landscaping and screening. (Department
of Planning Services)
7) Show and label the location of the trash collection areas. Section 23-3-250.A.6. of the
Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
8) If applicable, signs shall be shown on the map and shall adhere to Chapter 23, Article
IV, Division 2, Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
9) If applicable, the map shall delineate the lighting. All lighting shall be shielded so that
light rays will not shine directly onto adjacent properties in accordance with the Dark
Sky Standard. (Department of Planning Services)
10) If applicable, setback radiuses for existing oil and gas tank batteries and wellheads
shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld
County Code. (Department of Planning Services)
11) Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number. (Department of Planning Services)
12) Show and label the existing and future right-of-way for State Highway 85. Contact the
Colorado Department of Transportation (CDOT) for right-of-way widths and additional
requirements. (Department of Planning Services)
13) County Road 29 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)
14) 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)
15) Show and label the approved tracking control on the site plan. (Department of Public
Works)
16) If applicable, show and label the entrance gate. 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)
17) The applicant shall show the drainage flow arrows. (Department of Public Works)
18) Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the 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 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)
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map 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. The approved access and tracking control shall be constructed prior to on -site construction.
This site requires road base or recycled asphalt on all driving surfaces for tracking control.
(Department of Public Works)
B. 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 map 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)
USR18-0063 - Pyne
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
M Pyne Custom Hauling, LLC
USR18-0063
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0063, for a home
business (semi -truck parking for transporting milk from farms to milk receiving facilities) 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 of the business are 4:00 am to 3:00 am, 7 -days a week. Trucks will be
parked on site when not in use. Trucks may idle for approximately ten (10) minutes prior to leaving
the site. There are three (3) shifts of drivers.
a. Shift one: includes four (4) trucks routes between 4:00 am to 2:00 pm
b. Shift two: includes one (1) truck route between 2:00 pm to 12:00 am
c. Shift three: includes one (1) truck route between 3:00 pm to 3:00 am
4. The number of employees including the property owners shall be seven (7). (Department of
Planning Services)
5. The number of commercial semi -trucks and associated trailers shall be seven (7). (Department of
Planning Services)
6. The commercial vehicle and employee vehicle parking areas on the site shall be maintained.
(Department of Planning Services)
7. The existing and proposed landscaping and screening on the site shall be maintained.
(Department of Planning Services)
8. The property owners shall be involved in the home business as owners and/or drivers.
(Department of Planning Services)
9. The home office inside the existing residence shall be incidental to the principal residential use for
gainful employment of the family residing on the property and shall not change the character
thereof. (Department of Planning Services)
10. 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)
11. The property owner shall control noxious weeds on the site. (Department of Public Works)
12. 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)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. 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)
15. The property owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
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16. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates (Department of Public Works)
17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
18. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
20. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
21. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
22. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
23. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
24. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at all times.
(Department of Public Health and Environment)
25. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
existing well (permit 220773) cannot be used for the business unless it is re -permitted to allow
commercial use. (Department of Public Health and Environment)
26. 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 County Department of Public Health and Environment. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
27. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
28. Sources of light shall adhere to the Dark Sky Standard and be shielded so that light rays will not
shine directly onto adjacent properties where such would cause a nuisance or interfere with the
use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light
from any light source may create a traffic hazard to operators of motor vehicles on public or
private streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices. (Department of Planning Services)
29. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International
Energy Code; 2014 National Electrical Code; A building permit application must be completed
and two 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 registered State of Colorado engineer shall be required or an open hole inspection.
(Department of Building Inspection)
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30. Necessary personnel from the Weld County Departments of Planning Services, Public Works,
and Public Health and Environment shall be granted access onto the property at any reasonable
time 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.
31. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an
amendment of the Permit by the Weld County Board of County Commissioners before such
changes from the plans or Development Standards are permitted. Any other changes shall be
filed in the office of the Department of Planning Services.
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
33. 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.
34. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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 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
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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, sand burs, 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.
USR18-0063 - Pyne
Page 11 of 11
October 15, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
PYNE LENA
18598 CR 29
PLATTEVILLE, CO 80651
Subject: USR18-0063 - A Site Specific Development Plan and Use by Special Review Permit for a home
business (semi -truck parking for transporting milk from farms to milk receiving facilities) in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 33, T4N, R66W LOT C0RR AMD REC EXEMPT RE -2442 of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 20, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 9,
2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 0 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.
Respec ',illy,
Michael Hall
Planner
June 29, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
PYNE LENA
18598 CR 29
PLATTEVILLE, CO 80651
Subject: USR18-0063 - A Site Specific Development Plan and Use by Special Review Permit for a home
business (semi -truck parking for transporting milk from farms to milk receiving facilities) in the A
(Agricultural) Zone District.
On parcel(s) of land described as:
PART NW4 SECTION 33, T4N, R66W LOT A CORR AMD REC EXEMPT RE -2442 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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Gilcrest at Phone Number 970-737-2426
Milliken at Phone Number 970-587-4331
Platteville at Phone Number 970-785-2245
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respe,,qtfully,
Michael Hall
Planner
FIELD CHECK
Inspection Date: 11/08/2018
Case Number: USR18-0063
Owner: Michael M. Pyne and Lena V. Lang -Ley Pyne
Request: A Site Specific Development Plan and Use by Special Review Permit for a
home business (semi -truck parking for transporting milk from farms to milk
receiving facilities) in the A (Agricultural) Zone District.
Legal
Description:
Location:
Lot A of Corrected Amended Recorded Exemption RE -2442; being a part
of the NW4 of Section 33, T4N, R66W of the 6th P.M., Weld County, CO
East of and adjacent to County Road 29; northwest of and adjacent to
Highway 85; approximately 0.03 miles north of County Road 38.5
Size of Parcel: +/- 7.4 acres
Size of Parcel:
+/- 7.4 acres
Zoning
Land Use
N
A (Agricultural)
N
Agricultural / Residential
E
A (Agricultural)
E
Highway 85 / Agricultural - USR-1197 (10K
Head Feedlot)
S
A (Agricultural)
S
Highway 85 / Agricultural - USR-1197 (10K
Head Feedlot)
W
A (Agricultural)
W
Agricultural
COMMENTS:
The site is located at the northeast corner of CR 29 (gravel) and CR 38 1/2 (gravel). There are two gravel
access points into the site off of CR 29. The site is directly west of and adjacent to Highway 85; however,
no access comes from Highway 85. The site contains one existing residence with landscaping and one
small outbuilding. The northern access point serves the residence. There was another access point
further north, but this has been closed and reclaimed. The trucks enter the site from the southern access
point. This point also serves a small oil and gas production facility, but the facility is no longer in use.
There is a row of mature trees between the oil and gas facility and the truck parking area. The trucks park
in a row in a large gravel parking lot. No trucks were observed during the field check. Approximately five
employee vehicles were seen parked in a row on -site. The closest residence is directly north of the site,
but the trucking parking area is buffered from the neighbor by the applicant's own residence. Young
landscaping has been planted along CR 29 in between the parking area and roadway. No landscaping
exists between the parking area and Highway 85 which is a low-lying marsh area that does not support
landscaping. Additionally, the Highway is higher than the grade of the property which makes effective
screening difficult.
Michael Hall, Planner
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