HomeMy WebLinkAbout20190107.tiffRESOLUTION
RE: APPROVE 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 - MICHAEL AND LENA PYNE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 9th day of
January, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Michael and Lena Pyne, 18598 County Road 29, Platteville, Colorado 80651,
for 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, on the following described real estate, being more particularly
described as follows:
Lot A of Corrected Amended Recorded Exemption,
AMRE-2442; being part of the NW1/4 of Section 33,
Township 4 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicants were present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1. -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.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
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is transported to receiving facilities in the Fort Collins, Greeley and
Denver area.
2) Section 22-2-20.F.2 (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 prefera 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 U.S. Highway 85 and is in a central location to
numerous Weld County dairies.
3) 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.
4) 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." 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 23-2-230.B.2. -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) 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
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determined to be more intense or to have a potentially greater
impact than Uses Allowed by Right."
2) 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 23-2-230.B.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 a.m., 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 U.S. 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 23-2-230.B.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 stating they
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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 23-2-230.B.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. Building Permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The 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 U.S. Highway 85 and County
Road 29.
G. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Michael and Lena Pyne, for 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, on
the parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required for this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0063.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
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4) The applicant shall show and label the parking area for the
commercial semi -trucks and trailers and the parking area for
employee vehicles.
5) The applicant shall show and label the location of existing buildings.
6) The applicant shall show and label the existing and proposed
landscaping and screening.
7) The applicant shall 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.
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.
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 or impact U.S. Highway 85.
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 Section 23-3-50.E of the Weld County Code.
11) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number.
12) The applicant shall show and label the existing and future right-of-
way for U.S. Highway 85. Contact the Colorado Department of
Transportation (CDOT) for right-of-way widths and additional
requirements.
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.
14) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
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15) The applicant shall show and label the approved tracking control on
the site plan.
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.
17) The applicant shall show the drainage flow arrows.
18) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
19) The applicant shall note on the USR plat that the U.S. Highway 85
Access Management Plan affects the property, to include the
closure of County Roads 29, 38 and 38.5.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper or 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.
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.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. 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.
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B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLSRADO
ATTEST: datitis) V ...re:44;4
Weld County Clerk to the Board
BY:
Deputy Cle
County At orney
Date of signature: ( Moll q
rbara Kirkmeyer, hair
Mike Freeman, Pro-Tem
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MICHAEL AND LENA PYNE
USR18-0063
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0063, is 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation for the business are 24 hours a day, seven (7) days a week. Trucks
will be parked onsite when not in use. Trucks may idle for approximately ten (10) minutes
prior to leaving the site. There are three (3) shifts of drivers.
4. The number of employees including the property owners shall be limited to fifteen (15).
5. The number of commercial semi -trucks and associated trailers shall be limited to ten (10).
6. The commercial vehicle and employee vehicle parking areas on the site shall be
maintained.
7. The existing and proposed landscaping and screening on the site shall be maintained.
8. The property owners shall be involved in the home business as owners and/or drivers.
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.
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.
11. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
12. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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.
15. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
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16. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including possible updates.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. Weld County is not responsible for the maintenance of on -site drainage related features.
19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
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 I, of the
Weld County Code.
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.
23. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as delineated in C.R.S. §25-12-103.
24. Adequate drinking, hand washing and toilet facilities shall be provided for employees, at
all times.
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.
26. For employees or contractors on site for less than two (2) consecutive hours a day, and
two (2) or less full-time employees on site, portable toilets and bottled water are
acceptable. Records of maintenance and proper disposal for portable toilets shall be
retained on a quarterly basis and available for review by the Weld County Department of
Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties or impact traffic on U.S. Highway 85 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
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motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices.
29. A building permit may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 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.
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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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