HomeMy WebLinkAbout20190119.tiffHEARING CERTIFICATION
DOCKET NO. 2019-01
RE: 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 — MICHAEL AND LENA PYNE
A public hearing was conducted on January 9, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner, Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Michael Hall
Public Works Engineer representative, Evan Pinkham
Health Department representative, Lauren Light
The following business was transacted:
12 I hereby certify that pursuant to a notice dated October 26, 2018, and duly published
October 31, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
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. Frank Haug, Assistant County
Attorney, made this a matter of record.
12 Michael Hall, Department of Planning Services, presented a brief summary of the proposal
and stated the site is approximately 7.4 acres in size. He indicated the applicants own and operate
the trucking company, M Pyne Custom Hauling, LLC, who's purpose is to haul milk from six (6)
local dairies associated with the Dairy Farmers of America. He stated there are six (6) trucks and
trailers parked on the site, with one (1) additional truck, totaling seven (7) commercial vehicles on
the site. Mr. Hall mentioned a home -office is located within the existing residence for clerical and
administrative purposes, and is used only by the homeowners. He indicated the location of the
truck and employee parking, and stated the applicant is proposing fencing. He mentioned the
existing vegetative screening and landscaping will be maintained, and reviewed additional site
screening. He stated minor vehicle maintenance occurs on the site, and indicated no public
access, additional buildings, site improvements, signage, or gates were proposed. He provided
the hours of operation, and asked the Board to consider the hours to be twenty-four seven (24/7),
if the applicant wishes. He stated there are three (3) shifts of drivers, and mentioned trucks idle
for approximately ten (10) minutes prior to leaving the site. He reviewed the truck shifts, explained
the trucks will be parked on site when not in use, and stated two (2) full-time drivers live on the
site. He indicated the non-resident employees will be on the site for no more than two (2) hours
at a time, and mentioned the site was currently in violation, ZCV18-00058. Mr. Hall stated there
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were two (2) meetings with surrounding property owners (SPO) on May 19, 2019, and indicated
there were no concerns from the attending SPOs. He explained 12 referrals were sent out and
eight (8) were returned without concerns or with items that were included in the staff
recommendation. He indicated the site is located within the three (3) mile referral areas of the
Towns of Gilcrest, Milliken and Platteville, and reviewed the referral from the Town of Gilcrest. He
referred to Condition of Approval (COA) #1.A, which addresses the Town of Gilcrest's concerns.
He stated the site is located within the Coordinated Planning Agreement (CPA) with the Towns of
Milliken and Platteville, which did not have interest in annexation. He provided images of the site
and adjacent views and indicated adjacent County roads and highways. He referenced a
displayed map showing the surrounding zoning, and indicated the site was zoned as
A (agricultural). He described the surrounding uses and USRs, and reviewed the access and
parking locations. He indicated there is an oil and gas tank battery onsite, which will be removed
by Nobel Energy, mentioned there was an access to the north that was closed and reclaimed,
and stated there is one (1) small outbuilding on the site. Mr. Hall entered the favorable
recommendation of the Planning Commission into the record as written and presented additional
images. In response to Commissioner Conway, Mr. Hall indicated where the attending SPOs lived
and in response to Commissioner Moreno, Mr. Hall reiterated the details of the neighborhood
meetings.
Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site accesses on County Road (CR) 29.
He indicated there were no traffic counts available for CR 29 and provided the traffic counts for
CR 38.5 to include truck percentages. He stated there will be approximately three (3) daily
roundtrips for the trucks and four (4) daily roundtrips for passenger vehicles associated with the
site. Mr. Pinkham indicated the Department of Public Works is requiring all driving surfaces be
covered with a road base, which was completed prior to the hearing. He stated an Improvements
Agreement is required and mentioned the site meets an exception to stormwater detention. He
presented the drainage and grading requirements and indicated a Weld County Grading Permit
will be required if disturbing more than an acre.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated an individual domestic well provides water to the existing home. She
indicated there is a septic system permitted for four (4) bedrooms; however, it cannot be used for
the business unless repermitted to commercial. She stated the applicant mentioned they will use
a portable toilet for the employees, which is deemed acceptable. She indicated there is no
washing on the site; however, they do wash out the trucks at milk facilities. Ms. Light stated there
will be no fuel storage on the site and reiterated there will be minor maintenance. She indicated
there is a commercial noise level specified and Development Standards (DS) #19-27 address
Environmental Health items.
Lena Pyne, applicant, stated they haul milk for Dairy Farmers of America, and indicated the
trucks run 24/7. She explained they only have seven (7) trucks, six (6) of which are at the yard,
and stated they employ seven (7) people. She indicated there is a sharp angle coming out of the
truck parking area; however, visibility is not entirely blocked. She explained the driveway will be
improved once Nobel Energy removes the oil and gas tank, and stated there are turning lanes on
U.S. Highway 85 to and from the adjacent County roads. She reviewed access to the site and
reiterated there is no washing on the site. She explained, in order to haul a food -grade product,
the trucks are sanitized and sealed at the milk receiving facilities. She stated washing the exteriors
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of the trucks occurs at a designated facility, and mentioned there is some storage onsite; however,
the items are not disarray. She indicated there is a trainer for tire storage and reiterated there is
no fuel on the property. Michael Pyne, applicant, mentioned the maintenance of the trucks and
Ms. Pyne further explained the importance of maintenance in the industry.
El No public testimony was offered concerning this matter.
• In response to Chair Kirkmeyer, Mr. and Ms. Pyne indicated they had reviewed the
Conditions of Approval and Development Standards, as presented.
• In response to Commissioner Moreno, Ms. Pyne explained she designated hours of
operation per the application, thinking she could not put 24/7, and stated they do not have an
entrance gate.
la Commissioner Conway requested conversation regarding COA #1.A and clarified the
applicant does not want to annex to the Town of Gilcrest, if not required. He further clarified the
applicant would not mind changing the hours to 24 hours a day, seven (7) days a week. In
response to Commissioner Conway, Mr. Pyne stated he would like to keep the number of
employees to ten (10) in DS #4.
• Chair Kirkmeyer requested clarification regarding the landscaping on the site and, in
response, the applicant described the existing and proposed landscaping and visual mitigation.
• Commissioner Conway suggested deleting COA #1.A regarding the requests of the Town of
Gilcrest, and the Board agreed. Chair Kirkmeyer requested COA #1.B to remove "improvements
and", "off -site improvements at", and the last sentence of the condition to specify the condition for
a Road Maintenance Agreement only. Commissioner Conway recommended deleting the "Dark
Sky Policy" from COA #1.C.6 regarding lighting and Chair Kirkmeyer requested adding language
to ensure the lighting does not impact U.S. Highway 85.
El Chair Kirkmeyer discussed COA #1.C.6 and clarified the landscaping can be minimal. She
further recommended a new COA #1.C.19 to address the Highway 85 Access Management Plan
and explained at some point in time CRs 29, 38 and 38.5 will close for safety reasons. After further
discussion, Mr. Hall clarified, by adding the new condition it will be delineated on the plat, rather
than being a DS and the Board and staff agreed to the new standard.
• Regarding DS #3, Commissioner Conway requested the hours of operation be 24 hours a
day, seven (7) days a week, and Chair Kirkmeyer further suggested deleting DS #3.A -C. After a
request from the applicant, the Board agreed to change the number of employees to be "limited
to fifteen (15)" in DS #4 and limit the number of trucks and associated trailers in DS #5 to ten (10).
For consistency with the conditions, Chair Kirkmeyer requested DS #15 and #16 be changed from
"Improvements Agreement" to "Road Maintenance Agreement" and to change, "shall" to "may" in
DS #16 regarding an annual review. Commissioner Conway suggested, for consistency, to delete
the Dark Sky Policy requirements from DS #28, and add the additional language regarding the
impacts to U.S. Highway 85.
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In response to Chair Kirkmeyer, Mr. and Ms. Pyne indicated they had reviewed, and agree
to abide by, the Conditions of Approval and Development Standards, as amended. In response
to the applicant, Chair Kirkmeyer clarified the requirements of a Road Maintenance Agreement.
Commissioner Moreno moved to approve the request 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, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. The motion was seconded by Commissioner Conway, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:43 a.m.
This Certification was approved on the 14th day of January, 2019.
BOARD OF COUNTY COMMISSIONERS
WEkD COUNTY, COLORADO
ATTEST: � C� de ;ok.
Weld County Clerk to the Board
arbara Kirkmeyer,�,hair,
Mi e Freeman, Pro-Tem
XC SED DATE OFA"'OVAL
County AttorneyXCUSED DATE OF APPROVAL
Date of signature: 2(20/09
Steve Moreno
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ATTENDANCE LIST
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NAME - PLEASE PRINT
ADDRESS (CITY, STATE ZIP)
EMAIL
LEGIBLY RESIDENCE (Y/N)?
COUNTY OF
SPEAKING
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