HomeMy WebLinkAbout20121938.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jason Maxey,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: PUDF12-0001
APPLICANT: PODTBURG SONS DAIRY LLC
PLANNER: CHRIS GATHMAN
REQUEST: REQUEST TO AMEND THE FINAL PLAT OF SIERRA ACRES PLANNED UNIT
DEVELOPMENT(PF-1089)TO ALLOW A SINGLE-FAMILY RESDIENCE TO BE
BUILT ON OUTLOT 3.
LEGAL DESCRIPTION: OUTLOT 3 SIERRA ACRES PUD;BEING PART OF SECTION 19,T6N,R66W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 27 AND SOUTH OF AND ADJACENT TO
STATE HIGHWAY 392.
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 27-7-30 of the
Weld County Code.
2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows:
A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of
this code and any intergovernmental agreement in effect influencing the PUD.
1) Section 22-2-20.G - A.Policy 7.2. 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 existing lot can support a single-family residence.There are existing residences located
to the north of the site(Sierra Acres PUD)and an existing single family residence located to
the east of the site.
2) The proposed site is not influenced by any intergovernmental agreements or a
Regional Urbanization Area.
B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will
conform with the performance standards of the PUD Zone District contained in Article II,
Chapter 27 of the Weld County Code.
Section 27-2-20, Access standards — Outlot 3 (proposed Lot 10) is separated from the
remaining residential lots in Sierra Acres PUD by the Greeley No. 2 Canal. A separate
access to the lot off of County Road 27 will be required and an access permit approval is
required as a condition of approval.
Section 27-2-40, Bulk requirements—The only change to the existing Sierra Acres PUD is to
allow a one (1)single family residence to be constructed on Outlot 3 of Sierra Acres PUD.
Sec. 27-2-140. Nonurban scale development. Nonurban scale developments are
developments comprised of nine (9) or fewer residential lots, located in a nonurban area
as defined in Chapter 22 of this Code, not adjacent to other PUDs, subdivisions,
municipal boundaries or urban growth corridors. Sierra Acres is located in a nonurban
area. Sierra Acres currently has nine (9)residential lots. However, Outlot 3, (to become
Lot 10)though technically a part of Sierra Acres PUD, is separated from the rest of the
PUD by the Greeley No. 2 Ditch and will have its own separate access onto County Road
27.
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RESOLUTION PUDF12-0001
PODTBURG SONS DAIRY LLC
PAGE 2
The applicant has met the remaining performance standards as delineated in Section 27-2-
10. The Conditions of Approval and Development Standards ensure compliance with
Sections 27-2-20 through 27-2-220 of the Weld County Code.
C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the
existing or 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 or
master plans of affected municipalities.
The proposed site is not influenced by an Inter-Governmental Agreement. The site is within
the three mile referral area for the City of Greeley,Town of Severance,and Town of Windsor.
No referral response has been received from either of these municipalities.
D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the
site to serve the uses permitted within the proposed PUD in compliance with the performance
standards in Article II, Chapter 27 of the Weld County Code.
The proposed residence will be supplied by the North Weld County Water District and by
individual septic system. North Weld County Water District has provided an ability to serve
letter for water service for Outlot 3 (proposed Lot 10).
E. Section 27-7-40.C.5-- That street or highway facilities providing access to the property are
adequate in functional classification, width, and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District.
The approved access permit#(AP12-00161)will be required to be shown on the plat for the
access into the site off of County Road 27.
F. Section 27-7-40.C.6 — In the event the street or highway facilities are not adequate, the
applicant shall supply information which demonstrates the willingness and financial capacity
to upgrade the street or highway facilities in conformance with the Transportation Sections of
Chapters 22, 24 and 26, if applicable.
An access was approved for Outlot 3 (proposed Lot 10) under Access Permit # (AP12-
00161).
G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements
contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial
mineral deposits, and soil conditions on the subject site.
The potential for commercial mineral deposits for Avery Acres PUD was already reviewed
under the original Sierra Acres PUD (PZ-1089).
Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in
the development guide, and the final plan exactly conforms to the development guide.
The Amended PUD Final Plan uses are compatible with the criteria listed in the
developmental guide included in the application materials.
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 agencies.
RESOLUTION PUDF12-0001
PODTBURG SONS DAIRY LLC
PAGE 3
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to Recording the PUD Final Plat:
A. The applicant shall submit evidence that the Weld County Attorney's Office has reviewed and
approved the Restrictive Covenants for Sierra Acres PUD. Any changes requested by the
Weld County Attorney's Office and Planning Department shall be incorporated. (Department
of Planning Services)
B. The applicant shall submit finalized copies and the appropriate fee($6 for the first page and
$5 for each additional page) to the Department of Planning Services for recording the
Restrictive Covenants for Sierra Acres PUD in the Office of the Clerk and Recorder.
(Department of Planning Services)
C. The applicant shall address the requirements of the Weld RE-4 School District as stated in
their referral response dated May 10, 2012. Evidence of such shall be provided to the
Department of Planning Services. (Weld RE-4 School District)
D. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel. (Department of Planning Services)
E. The applicant shall make the following changes to the covenants:
Definitions: Outlot—"Outlot 3" shall be changed to"Lot 10".
Section 1.18. (Change "Outlot 3"to "Lot 10".
F. The applicant shall submit a digital file of all drawings associated with the Final Plan
application. Acceptable CAD formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS
formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is
.e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable).
(Department of Planning Services)
G. The Plat shall be amended to include the following:
1) All sheets of the plat shall be labeled PUDF12-0001. (Department of Planning
Services)
2) The Weld County's Right to Farm Statement shall be placed on the plat per Section
22-2-20 J.A.Goal 10 of the Weld County Code. (Department of Planning Services)
3) The plat should remove the signature block for the Department of Planning Services
and replace it with the signature block for the Board of County Commissioners.
4) Sierra Acres Outlot 3 should be renamed to Lot 10. (Department of Planning
Services)
5) Show the residential access point on the Plat and label with the Access Permit
number(AP12-00161). (Department of Public Works)
2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes
prior to recording:
A. Sierra Acres PUD shall consist of nine (9) residential lots with E (Estate) Zone uses; one
outlot with agricultural uses that is non-buildable for residential structures(Outlet 1)at 17.9
acres; and one Agricultural lot (lot 3) buildable for one (1) single-family residence at 23.9
acres: and 0.3 acres of open space (Sierra Acres PUD). The PUD will be subject to, and
RESOLUTION PUDF12-0001
PODTBURG SONS DAIRY LLC
PAGE 4
governed by the Conditions of Approval stated hereon and all applicable Weld County
Regulations. (Department of Planning Services). (Department of Planning Services)
B. The purpose of this amended change of zone is to change Outlot 3 to Lot 10. Lot 10 shall be
changed from an agricultural outlot that is non-buildable for residential purposes to an
agricultural outlot that is buildable for residential purposes allowed under Section 23-3-20-
(A)Agricultural Zone District-Uses Allowed by Right of the Weld County Code.(Department
of Planning Services)
C. Agricultural Outlot 1 is non-buildable for residential structures. Only agricultural and exempt
structures are permitted on Outlot 1. (Department of Planning Services)
D. The drainage easement must remain in place on Lot 10. No construction or storage is
allowed within the easement. (Department of Public Works)
E. All landscaping within the site distance triangles must be less than 3.5 feet in height at
maturity. (Department of Public Works)
F. "Weld County's Right to Farm" as provided on this plat shall be recognized at all times.
(Department of Planning Services)
G. Installation of utilities shall comply with Section 24-9-10 and 27-9-40 of the Weld County
Code and the Utility Board conditions. (Department of Planning Services)
H. This subdivision is in rural Weld County and is not served by a municipal sanitary sewer
system. Sewage disposal shall be by septic systems designed in accordance with the
regulations of the Colorado Department of Public Health and Environment, Water Quality
Control Division and the Weld County Code in effect at the time of construction, repair,
replacement, or modification of the system. (Department of Public Health and Environment)
Water service shall be obtained from North Weld County Water District. (Department of
Public Health and Environment)
J. Activities such as landscaping (i.e. planting of trees and shrubs) and construction (i.e.
auxiliary structures, dirt mounds, etc.)activities are expressly prohibited in the designated
absorption field site. (Department of Public Health and Environment)
K. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
L. During development of the site, all land disturbances shall be conducted so that nuisance
conditions are not created. If dust emissions create nuisance conditions,at the request of the
Weld County Department of Public Health and Environment,a fugitive dust control plan must
be submitted. (Department of Public Health and Environment)
M. In accordance with the Regulations of the Colorado Air Quality Control Commission any
development that disturbs more than 5 acres of land must incorporate all available and
practical methods that are technologically feasible and economically reasonable in order to
minimize dust emissions. (Department of Public Health and Environment)
N. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6
months in duration,the responsible party shall prepare a fugitive dust control plan,submit an
air pollution emissions notice,and apply for a permit from the Colorado Department of Public
Health and Environment. (Department of Public Health and Environment)
RESOLUTION PUDF12-0001
PODTBURG SONS DAIRY LLC
PAGE 5
O. There are confined animal feeding operations in close proximity to this development.
Residents should be aware that there may be flies and odors associated with these activities.
(Department of Public Health and Environment)
P. Auxiliary Quarters as defined by Weld County Code Section 23-1-90 will be allowed on all
Estate zoned lots (Lots 1-9). (Department of Planning Services)
Q. A building permit will be required for any new construction, alteration, or addition to any
building on the property.A building permit application must be completed and two complete
sets of plans including engineered foundation 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 or a open hole inspection shall
be required. (Department of Building Inspection)
R. Buildings and structures shall conform to the requirements of the various codes adopted at
the time of permit application. Currently the following has been adopted by Weld County:
2006 International Residential Building Code; 2006 International Energy Code; 2006
International 2011 National Electrical Code;and Chapter 29 of the Weld County Code.A plan
review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
S. All signs including entrance signs shall require building permits.Signs shall adhere to Article
4 Division 2 and Appendix 23-C through 23-E of the Weld County Code. These requirements
shall apply to all temporary and permanent signs. (Department of Planning Services)
T. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
U. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance
2011-2)
V. A Homeowner's Association shall be established prior to the sale of any lot. Membership in
the Association is mandatory for each parcel owner. The Association is responsible for
liability insurance,taxes and maintenance of open space, streets, private utilities and other
facilities along with the enforcement of covenants. (Department of Planning Services)
W. The property owner shall allow any mineral owner or lease the right of ingress or egress for
the purposes of exploration, development, completion, re-completion, re-entry, production
and maintenance operations associated with existing or future operations on these lands.
(Department of Planning Services)
X. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code.
(Department of Planning Services)
Y. The property owner shall be responsible for complying with the Performance Standards of
Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning
Services)
Z. Personnel from Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
AA. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, and Planning Services,
and adopted Weld County Code and Policies. (Department of Planning Services)
RESOLUTION PUDF12-0001
PODTBURG SONS DAIRY LLC
PAGE 6
AB. The site shall maintain compliance at all times with the requirements of the Weld County
Departments of Public Works, Public Health and the Environment, Planning Services, and
State and Federal agencies and the Weld County Code. (Department of Planning Services)
AC. Property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve(12)inches. In no event shall the property owners allow the growth of
noxious weeds. (Department of Planning Services)
AD. No residential development activity shall commence on the Lot 10, nor shall any residential
building permits be issued on the Lot 10 until the Final Plan has been approved and
recorded. (Department of Planning Services)
AE. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan -
The Board of County Commissioners may serve written notice upon such organization or
upon the owners or residents of the PUD setting forth that the organization has failed to
comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of
maintenance be cured within thirty(30)days thereof. A hearing shall be held by the Board
within fifteen(15)days of the issuance of such notice,setting forth the item,date and place of
the hearing. The Board may modify the terms of the original notice as to deficiencies and
may give an extension of time within which they shall be rectified.
AF. The Amended PUD Final Plan shall comply with all regulations and requirements of Chapter
27 of the Weld County Code. (Department of Planning Services).
3. Upon completion of 1 and 2 above, the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with
the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within thirty(30)days from the date the Administrative Review was
signed. The applicant shall be responsible for paying the recording fee.
4. No residential development activity shall commence on the Lot 10, nor shall any residential building
permits be issued on the Lot 10 until the Final Plan has been approved and recorded.(Department of
Planning Services)
5. Section 27-8-60 of the Weld County Code-Failure to Record a Planned Unit Development Final Plan
- If a Final Plan plat has not been recorded within one(1)year of the date of the approval of the PUD
Final Plan,or within a date specified by the Board of County Commissioners,the Board may require
the landowner to appear before it and present evidence substantiating that the PUD Final Plan has
not been abandoned and that the applicant possesses the willingness and ability to record the PUD
Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that
conditions supporting the original approval of the PUD Final Plan cannot be met,the Board may,after
a public hearing, revoke the PUD Final Plan.
Motion seconded by Benjamin Hansford.
RESOLUTION PUDF12-0001
PODTBURG SONS DAIRY LLC
PAGE 7
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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, Kristine Ranslem, 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 July 3, 201.2.
Dated the 3rd of July, 2012.
Digitally signed by Kristine Ranslem
e6simintl7 7that!Ga. Location:1555 N 17th Ave
Date:2012.07.10 08:21:50-06'00'
Kristine Ranslem
Secretary
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7/3// )
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford,Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,Thomas
Holton.
CASE NUMBER: PUDZ12-0002
APPLICANT: PODTBURG SONS DAIRY LLC
PLANNER: CHRIS GATHMAN
REQUEST: REQUEST TO AMEND THE CHANGE OF ZONE PLAT OF SIERRA ACRES
PLANNED UNIT DEVELOPMENT (PZ-1089 TO ALLOW A SINGLE-FAMILY
RESIDENCE TO BE BUILT ON OUTLOT 3.
LEGAL DESCRIPTION: OUTLOT 3,SIERRA ACRES PUD;BEING PART OF SECTION 19,T6N,R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO
LOCATION: WEST OF AND ADJACENT TO CR 27 AND SOUTH OF AND ADJACENT TO
STATE HIGHWAY 392.
CASE NUMBER: PUDF12-0001
APPLICANT: PODTBURG SONS DAIRY LLC
PLANNER: CHRIS GATHMAN
REQUEST: REQUEST TO AMEND THE FINAL PLAT OF SIERRA ACRES PLANNED UNIT
DEVELOPMENT(PF-1089)TO ALLOW A SINGLE-FAMILY RESDIENCE TO BE
BUILT ON OUTLOT 3.
LEGAL DESCRIPTION: OUTLOT 3 SIERRA ACRES PUD;BEING PART OF SECTION 19,T6N,R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: WEST OF AND ADJACENT TO CR 27 AND SOUTH OF AND ADJACENT TO
STATE HIGHWAY 392.
Chris Gathman, Planning Services, presented Cases PUDZ12-0002 and PUDF12-0001, reading the
recommendation and comments into the record. The Department of Planning Services recommends approval
of these applications with the attached conditions of approval. In addition, Public Works and Environmental
Health presented their reports and stated that they have no concerns with this request.
Staff recommended adding a Condition of Approval to PUDF12-0001 which reads "Activities such as
landscaping (i.e. planting of trees and shrubs) and construction (Le auxiliary structures, dirt mounds, etc.)
activities are expressly prohibited in the designated absorption field site."
Motion: Add Condition of Approval to PUDF12-0001 as recommended by Staff, Moved by Robert Grand,
Seconded by Jason Maxey.
Motion passed unanimously.
Tim Naylor, 4350 Hwy 66, Longmont CO, stated that the applicants are requesting a change of zone and
amended final plat to construct a residence on Outlot 3 of Sierra Acres. The applicants have owned Outlot 3,
which is adjacent to their existing dairy. Outlot 3 is separated by an irrigation ditch and has a separate access
onto County Road 27 from the Sierra Acres Subdivision.
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 he read through the amended Conditions of Approval and if they are in
agreement with those. The applicant replied that he is in agreement.
Motion: Forward Case PUDZ12-0002 to the Board of County Commissioners along with the Conditions of
Approval with the Planning Commission's recommendation of approval, Moved by Jason Maxey,Seconded
by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary:Yes = 7).
Yes: Benjamin Hansford,Jason Maxey,Joyce Smock, Mark Lawley, Nick Berryman, Robert Grand,Thomas
Holton.
Motion: Forward Case PUDF12-0001 to the Board of County Commissioners along with t
ao12-19,33.
Approval with the Planning Commission's recommendation of approval,Moved by Jason Maxey,Seconded
by Benjamin Hansford.
Vote:Motion carried by unanimous roll call vote(summary:Yes=7).
Yes:Benjamin Hansford,Jason Maxey,Joyce Smock,Mark Lawley,Nick Berryman,Robert Grand,Thomas
Holton.
CASE NUMBER: USR12-0027
APPLICANT: STEVE&SHERYL GULLEY
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING:
OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT D REC EXEMPT RE-3963;PART N2 SECTION 17,TEN,R64W OF THE 6TH
P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH AND ADJACENT TO CR 70 AND APPROXIMATELY ONE-QUARTER
MILE WEST OF CR 53.
Diana Aungst,Planning Services,presented Case USR12-0027,reading the recommendation and comments
into the record. Staff has received eight(8)letters in opposition to this request from surrounding property
owners which include concerns of speed,dust and noise from the trucks including the use ofjake brakes and
low water pressure.In a conversation with the applicant,they stated that they held a neighborhood meeting on
Saturday,June 30th and the applicant has agreed to take action to try to mitigate some of these concerns.The
Department of Planning Services recommends approval of this application with the attached conditions of
approval and development standards.
Don Carroll,Public Works,reported on the conditions of approval and development standards included in the
staff report. The access will be onto County Road 70,which is classified as a local,gravel road.The applicant
is proposing that 100 percent of the traffic will go west of the site to County Road 51. If there will be traffic
going east then dust control will need to be addressed.
Lauren Light, Environmental Health, reported on the conditions of approval and development standards
included in the staff report. They have no concerns with this request.
Jeff Wright,A&W Water,1892 Denver Ave,Ft.Lupton CO,stated that this site was a temporary site. Mr.
Wright said that they are estimating 300 gallons per minute from the hydrant provided by North Weld County
Water District. He noted that he talked to the 4 property owners in opposition. In addition,they held a
neighborhood meeting on Saturday with several landowners in the area. Originally they proposed 90%of the
truck traffic from County Road 70 out to County Road 51 with the remaining 10%east to County Road 53;
however after that meeting they decided to route 100%of the traffic to County Road 51. Mr.Wright added that
they intend to provide mag chloride dust control and impose 35 mph speed limits. In addition,no lighting is
proposed on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dennis Francen,25343 CR 70,stated that 3 months after he moved in North Weld County Water District had
installed a water line and he assumed it was to improve water pressure. He and his brother who lives adjacent
to him have put the mag chloride on CR 70 in front of their home.With truck traffic accessing the water
hydrants he is concerned with dust,noise,etc.He said that there are no accommodations that A&W could
make from devastating his family farm's property value and quality of life. He is opposed to this request.
Brent Fancen,25455 CR 70,stated that the farm has been in the family for 87 years. He has endured the last
2 years with the existing water trucks and he can no longer enjoy his evenings outside because of the noise
and dust. He has estimated that in Phase 1 there would be one truck every 10 minutes and with Phase 2
there would be one truck every 5 minutes and he feels this is unbearable.
Dave Uhrich,31386 CR 51,stated that there is a water hydrant on his property on the corner of County Road
51 and County Road 70 that they would sell or rent to the applicant and believes that if the applicant would
move to this site this would solve many of the concerns.
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