HomeMy WebLinkAbout20190108.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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:
U S R 18-0063
MICHAEL & LENA PYNE
MICHAEL HALL
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 CORR AMD REC EXEMPT AMRE-2442, PART NW4 SECTION 33, T4N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 29; NORTHWEST OF AND ADJACENT TO
HIGHWAY 85; APPROXIMATELY 0.03 MILES NORTH OF CR 38.5.
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.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.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 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.
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 2
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
Section 23-2-220 A 2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District
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
B 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
C 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
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 3
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
D 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
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
E 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
F 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 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
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 4
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)
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)
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 5
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)
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)
Motion seconded by Tom Cope
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Lonnie Ford
Richard Beck
Against Passage Absent
Gene Stifle
Elijah Hatch
Skip Holland
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 6
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, Michelle Wall, 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 November 20, 2018
Dated the 20th of November, 2018
Michelle Wall
Secretary
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 7
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)
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 8
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
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 9
State of Colorado engineer shall be required or an open hole inspection (Department of Building
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 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
RESOLUTION USR18-0063
MICHAEL & LENA PYNE
PAGE 10
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
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 20, 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,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Tom Cope, Lonnie Ford, Richard Beck.
Absent: Gene Stille, Elijah Hatch, Skip Holland.
Also Present: Kim Ogle, Chris Gathman, Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney,
and Michelle Wall, Secretary.
Motion: Approve the November 6, 2018 Weld County Planning Commission minutes, Moved by
Bruce Sparrow, Seconded by Tom Cope. Motion passed unanimously.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0063
MICHAEL & LENA PYNE
MICHAEL HALL
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 CORR AMD REC EXEMPT AMRE-2442, PART NW4 SECTION 33, T4N,
R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
EAST OF AND ADJACENT TO CR 29; NORTHWEST OF AND ADJACENT TO
HIGHWAY 85; APPROXIMATELY 0.03 MILES NORTH OF CR 38.5.
Michael Hall, Planning Services, presented Case USR18-0063, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Sparrow asked why the hours of operation are 4:00 a.m. - 3:00 a.m. instead of 24/7. Mr.
Hall explained the hours he put in his staff report reflect the hours the applicant has requested in their
application. Commissioner Sparrow also asked for clarification on the 6 — 7 trucks on the property; He
asked if all the trucks parked and operated from the property. Mr. Hall stated it included both parking and
operating.
Commissioner Johnson expressed concern about the turning radius onto County Road 29 from the
property. Staff explained that the applicant has been operating their business from the property and they
have not indicated any issues in their application.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Commissioner Sparrow asked if any of the roads in the area have maximum weight limits. Staff stated that
Weld County does not set maximum weight limits. The Department of Transportation would require a
special transport permit if the trucks exceeded the maximum weight limit. Mr. Pinkham also explained
certain jurisdictions may have set weight limitations.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Chair Wailes asked if the applicant will be washing or sanitizing the tanks on the property. Staff said they
will not be washing the trucks or tanks on the property.
Lena and Michael Pyne, 18598 County Road 29, Platteville, Colorado They are the owners of the trucking
business Ms Pyne stated they are requesting a USR permit for seven trucks and seven trailers and will
basically work 24/7 The trucks usually leave at 3 00 a m and return around 3 00 p m Ms Pyne explained
that all the trucks carry the excess weight permit that is required by the State of Colorado Mr Pyne said
that the trucks leave and return to the site empty Ms Pyne stated that the trucks are washed offsite The
milk trucks are required to be sanitized and cleaned at the milk receiving facility
Commissioner Wailes asked the applicant if they are exclusively contracted with Dairy Farms of America
Ms Pyne said they are and they haul for six dairies, 365 days a year They deliver milk, cheese, etc to
receiving facilities in Greeley, Denver, Bellevue and Fort Morgan
Ms Pyne explained they have graveled the area where the trucks park She said that during the USR
application process, they have learned a lot about what is allowed and what is not allowed (such as adding
large amounts of gravel) Light maintenance such as changing tires, fixing lights and changing breaks is
done onsite, oil changes and other maintenance is done offsite Ms Pyne said they employ five truck
drivers and themselves She said it is a family operation and they are teaching their sons on how to drive
and work on trucks Ms Pyne stated they take pride in their business and they meet all regulations and
standards
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one wished to speak
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those The applicant replied that they are in agreement
Motion: Forward Case USR18-0063 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Tom Cope
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6)
Yes* Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope
Absent Elijah Hatch, Gene Stille, Skip Holland
Commissioner Johnson stated that staff did an excellent job in identifying why the business is applicable
and he feels this is the kind of businesses that need to be in the Agriculture zoned properties because it is
an agricultural activity
Meeting adjourned at 5 19 p m
Respectfully submitted,
Michelle Wall
Secretary
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