HomeMy WebLinkAbout20241613.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW ZONING PERMIT, ZPAG22-0012, FOR CERTAIN
USES IN THE A (AGRICULTURAL) ZONE DISTRICT AGRICULTURAL SUPPORT
AND SERVICE (TRUCKING COMPANY PRINCIPALLY ENGAGED IN THE HAULING
OF AGRICULTURAL PRODUCTS) OUTSIDE OF SUBDIVISIONS AND
HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT -
THOMAS AND CONNIE JOHNSON
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, on September 13, 2022, the Department of Planning Services approved
Zoning Permit, ZPAG22-0012, for certain uses Agricultural Support and Service (trucking
company principally engaged in the hauling of agricultural products) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District, and
WHEREAS, said property described as Lot B of Recorded Exemption, RE -2747; being
part of the NW1/4 SE1/4 of Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, the Board has received a request from the current property owners,
Thomas and Connie Johnson, 10502 State Highway 52, Fort Lupton, Colorado 80621, to
withdraw ZPAG22-0012, 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 recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to accept said withdrawal request.
cc: PL (t4HN/UA ('-,ASQ(SG), APPL.
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2024-1613
PL2923
WITHDRAW ZPAG22-0012 - THOMAS AND CONNIE JOHNSON
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request to withdraw ZPAG22-0012, be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .7
Weld County Clerk to the Board
BY:(Jf.td • kid/W IL L
Deputy Clerk to the Board
APP •VE
ounty ttorney Date of signature: '7111Z1-1
Kevin D. Ross, Chair
Freeman
tt K. James
on Saine
2024-1613
PL2923
Jessica Reid
Subject: FW: ZPAG22-0012 (6/19/24 hearing) FW: 10502 Hwy 52
Original Message
From: Diana Aungst <daungst@weld.gov>
Sent: Thursday, June 13, 2024 3:05 PM
To: Adria Schiel <aschiel@weld.gov>; Cynthia Villanueva <cvillanueva@weld.gov>; Jessica Reid <jreid@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>; Maxwell Nader <mnader@weld.gov>
Subject: ZPAG22-0012 (6/19/24 hearing) FW: 10502 Hwy 52
Original Message
From: Luke Johnson <tophatracingl@gmail.com>
Sent: Thursday, June 13, 2024 2:29 PM
To: Diana Aungst <daungst@weld.gov>
Subject: 10502 Hwy 52
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Diana
Do to the trucks being parked at a place in Brighton, CO we wish to cancel our zpag permit.
Top Hat Express
Luke Johnson
PAG22 0012
Applicant: Thomas and Connie Johnson
Planner: Diana Aungst
Request: Revocation of Zoning Permit, ZPAG22-OO1 2, for certain uses Agricultural
Support and Service (trucking company principally engaged in the hauling of
agricultural products) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Legal Description: Lot B of Recorded Exemption RE -2747, being a part of the
NW2SE4 of Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Location: South of HWY 52 and approximately 0.5 miles east of CR 21.
Vicinity Map
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WELD COUNTY, CO
WELD COUNTY, CO
Staff is requesting that the
ZPAG map be updated to
change the notes prior to
recording.
- x.1.2" -
. r ORTLEF
TOILET
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8,320 ft2 Tom, POLE
BARN DIRT FLOOR
(CHAGE OF USE
PROPOSED)
E
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38.08'
LET B
16.430 + ACRES
WELD COUNTY, CO
Staff is requesting that the
ZPAG map be updated to
change the notes prior to
recording.
OP:TABLE
TOIL F
60023'281'
59.63'
N 60923'28"
67.03'
8,320 METAL POLE
wy' DIRT FLOOR
(CT -I G ,
_ 3
NO TRUCK PARKING IS ALLOWED
IN TI I MFTAL POLE BARN
S 48'14'20" E
3 6.74"
LOTB
16.430 ± ACRES
Options:
There are three (3) options that the applicant could take that would close this ZPAG:
1. Withdraw the ZPAG application in writing.
2. Submit a Change of Use building permit and pick up this same building permit
and complete all the inspections.
or
3. Submit a revised ZPAG map that clearly states that the semi -trucks will not be
parked in the building.
End ZPAG22 0012
Case:
MEMORANDUM
To:
Board of County Commissioners
From:
Diana Aungst, Planner III
Subject:
Revocation of Zoning Permit, ZPAG22-0012, for certain uses
Agricultural Support and Service (trucking company principally
engaged in the hauling of agricultural products) outside of
subdivisions and historic townsites in the A (Agricultural) Zone
District
Date:
June 19, 2024
Case Number: ZPAG22-0012
Owners: Thomas and Connie Johnson
Business: Top Hat Express
Situs: 10502 State Highway 52, Fort Lupton, CO 80621
Parcel No. 1469-02-0-00-038
Legal Lot B of Recorded Exemption RE -2747, being a part of the NW2SE4 of Section 2,
Description: Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado
Size of Parcel: ± 16.43 acres
Location: South of HWY 52 and approximately 0.5 miles east of CR 21
Pursuant to Chapter 23, Article IV, Section 23-4-1200.C. of the Weld County Code, a revocation hearing is
requested before the Board of County Commissioners.
Summary:
As stated, ZPAG22-0012, was approved administratively on September 13, 2022 for a trucking company
principally engaged in the hauling of agricultural products. The site is located west of Fort Lupton on HWY
52 and is owned by Thomas and Connie Johnson. Condition of Approval number 1.E. in the ZPAG22-0012
staff report states:
A. The applicant shall submit a Change of Use building permit application for the 80x104 (8,320
square foot) pole frame building that is being used for the truck parking and business operations.
Item number 3 of the staff report, quoting Section 23-4-1200.C., states:
"If the required documents have not been recorded within ninety (90) days from the date of approval
or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of
approval, the Director of Planning Services may refer the application to the Board of County
Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall
be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the
Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good
cause shown, upon a written request by the applicant. Before this extension has expired, the
applicant may seek a further extension from the Board of County Commissioners by written request
to the Director of Planning. If the Board of County Commissioners denies the extension or if the
conditions are not met and the required documents recorded by the date specified by the Board,
the zoning permit approval shall be voided, and the application denied."
ZPAG22-0012 I Johnson
Page 1 of 4
The applicant built an 8,320 square foot building in June of 2021 for the stated purpose of storing hay. In
January of 2022, just a few months after the building inspectors completed their inspections, the applicant
started parking their semi -trucks in the building. A violation was opened for the operation of a trucking
business without a land use permit. Over the past three (3) years staff has been working with the applicant
to complete the Zoning Permit process for the parking of the semi -trucks on the property and specifically in
the building. However, the applicant has stated that they are unable and unwilling to apply for a Change of
Use on the building permit to convert the building to commercial due to the financial reasons. After the
violation case was taken to court on December 4, 2023 the applicant removed the trucks from the site but
did not withdraw the ZPAG.
There are three (3) separate options that would close this ZPAG:
1. Withdraw the ZPAG application in writing.
2. Submit a Change of Use building permit and pick up this same building permit and complete all the
inspections.
or
3. Submit a revised ZPAG map that clearly states that the semi -trucks will not be parked in the building.
Staff has requested on multiple occasions that the applicant either complete the Conditions of Approval,
change the request on the ZPAG map, or withdraw the application, however, no action has been taken by
the applicant. Per Chapter 23, Article IV, Section 23-4-1200.C., if the applicant is unwilling or unable to
meet the conditions the Board of County Commissioners may revoke the zoning permit following a public
hearing.
Recommendation:
Due to the applicant being unwilling or unable to meet the conditions staff is recommending that this case
be revoked.
Timeline:
June 9, 2021
January 19, 2022
Building permit AGR21-0105 for an 80'x104' (8,320 square foot) building was
received by the Weld County building department and issued shortly thereafter.
The building description was for an 80'x104' (8,320 square foot) agricultural pole
frame storage building with a dirt floor and no utilities for the purpose of hay
storage.
Complaint COMP22-00019 was received by the Weld County Compliance Officer
due to the storage of semis, cars, and trucks inside the 80'x104' (8,320 square
foot) building.
February 18, 2022 The complaint was verified and Zoning Enforcement case ZCV22-00035 was
opened.
February 28, 2022 Pre -Application meeting PRE22-0029 was held to address the business
operation on the site. The applicant was advised to submit a Zoning Permit for
Certain Uses in the Agricultural Zone (ZPAG).
March 28, 2022 Notice of Intent letter sent certified advising the applicant to submit the ZPAG
application or the case will be forwarded to the attorney's office.
July 22, 2022 The applicant submitted the ZPAG22-0012 application for agricultural support
and service trucking company; hauling hay.
September 13, 2022 The ZPAG was conditionally approved and the staff report was sent to the
applicant's representative.
There were five (5) Conditions of Approval:
ZPAG22-0012 I Johnson
Page 2 of 4
A. The applicant shall provide an approved access permit from CDOT to the
Department of Planning Services.
B. The applicant shall address the requirements of the Fort Lupton Fire
Protection District, as stated in the referral response dated August 25, 2022.
Evidence of such shall be submitted in writing to the Weld County Department
of Planning Services.
C. The applicant shall limit the number of semi -trailers used exclusively for
storage to two (2) in accordance with Section 23-3-30.G.
D. The applicant shall limit the number of cargo containers to two (2) in
accordance with Section 23-3-30.G.
E. The applicant shall submit a Change of Use building permit application for
the 80x104 pole frame building that is being used for the truck parking and
business operations.
The applicant completed three (3) of the five (5) conditions with (E) the Change of Use building permit
and (B) the condition to address the requirements of the Fort Lupton Fire Protection District (which is
directly related to the Change of Use building permit) still outstanding.
November 17, 2022
February 8, 2023
April 13, 2023
September 19, 2023
November 2, 2023
July 7, 2023
November 27, 2023
December 4, 2023
December 4, 2023
December 6, 2023
January 23, 2024
March 8, 2024
An email was sent requesting that the applicant address the final two (2)
Conditions of Approval and to submit the ZPAG map for recording.
The violation case sent to the attorney's office.
An email was sent with the details about the December 4, 2023 court date.
The applicant came into the Planning Office to submit the ZPAG map, however,
it was not signed. Mr. Rob Godin, Chief Building Official, explained to the
applicant the requirements for the Change of Use building permit.
Court was held with testimony given on the side of the County and the side of the
applicant. The County testimony showed that the property is not in compliance.
The magistrate ruled that the applicant pay a daily penalty fee of $50.00 and a
$100.00 initial penalty fee.
The applicant chose to remove the trucks from the site but did not follow through
with a formal withdrawal of the ZPAG.
The ZPAG map was submitted and is on hold as it reflects incorrect information.
The options are:
1 Withdraw the ZPAG application in writing.
2. Submit a Change of Use building permit and pick up this same building
permit and complete all the inspections.
or
3. Submit a revised ZPAG map that clearly states that the semi -trucks will not
be parked in the building.
No action was taken by the applicant.
An email was sent requesting and update on the status of the case. Asking the
applicant to submit a ZPAG map that is consistent with what was approved, a
Change of Use building permit, or submit a letter or email requesting that this
ZPAG be withdrawn.
A phone call was received by the applicant stating that they do not want to
withdraw the ZPAG application, nor do they want to submit the Change of Use
ZPAG22-0012 I Johnson
Page 3 of 4
building permit or change the ZPAG map to show correct information.
Additionally, the applicant stated that they have moved the trucks off the property
in order to avoid the daily penalties.
March 19, 2024
March 25, 2024
March 29, 2024
April 4, 2024
An email was sent to the applicant as a follow up to the March 8, 2024 phone call
re -stating the information provided on December 6, 2023 that the options are:
1. Withdraw the ZPAG application in writing.
2. Submit a Change of Use building permit and pick up this same building
permit and complete all the inspections.
or
3. Submit a revised ZPAG map that clearly states that the semi -trucks will not
be parked in the building.
The Director of Planning Services referred this case to the Board of County
Commissioner for a public hearing per Section 23-4-1200.C.
An email was sent to the applicant that quoted Section 23-4-1200.C. of the Weld
County Code that states if an applicant is unwilling or unable to meet the
conditions of a ZPAG that the ZPAG could be scheduled before the Board of
County Commissioners to consider revocation of the ZPAG.
A certified letter was sent to the applicant re -stating the language in Section 23-
4-1200.C. and providing a deadline for the applicant take action.
No action was taken by the applicant.
May 23, 2024 This ZPAG22-0012 was sent to the Clerk to the Board for scheduling.
ZPAG22-0012 I Johnson
Page 4 of 4
Notice
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing
will be held before the Weld County Board of County Commissioners in the Hearing Room, Weld
County Administration Building, 1150 O Street, Greeley, Colorado 80631, at the date and time
specified below.
The complete case file may be examined by calling the Department of Planning Services at
(970) 400-6100 to make arrangements with the case planner, or at the office of the Clerk to the
Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631. Email messages sent to an individual Commissioner may not be included in the
case file. To ensure inclusion of your email correspondence into the case file, please send
a copy to egesick@weld.gov.
If a court reporter is desired for this hearing, please advise the Clerk to the Board's Office, in
writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne
by the requesting party. In accordance with the Americans with Disabilities Act, if special
accommodations are required in order for you to participate in this hearing, please contact the
Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. All cases scheduled
before the Board of County Commissioners are subject to continuance, due to lack of quorum or
otherwise. Contact the Clerk to the Board's Office at the number above for hearing continuance
information. The application may be updated at any time at the request of the applicant, or in
response to public input, referral responses, or staff recommendations. During the public hearing
process, the Board of County Commissioners reserve the right to amend the findings or conditions
of approval in the proposed Resolution.
Docket #: 2024-46
Hearing Date: June 19, 2024
Hearing Time: 10:00 a.m.
Applicant:
Thomas and Connie Johnson
10502 State Highway 52
Fort Lupton, Colorado 80621
Planner: Diana Aungst
Request: Revocation of Zoning Permit, ZPAG22-0012, for certain uses Agricultural Support and
Service (trucking company principally engaged in the hauling of agricultural products) outside of
subdivisions and historic townsites in the A (Agricultural) Zone District
Legal Description: Lot B of Recorded Exemption, RE -2747; being part of the NW1/4 SE1/4 of
Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of State Highway 52; approximately 0.5 miles east of County Road 21 (see Legal
Description for precise location)
Size: 16.43 acres, more or less
Board of County Commissioners
Weld County, Colorado
Dated: June 7, 2024
SURROUNDING PROPERTY OWNERS
ZPAG22-0012
Owner
Thomas and Connie Johnson
Mail Address 1
10502 State Highway 52
City
State Zip Code
Fort Lupton CO 80621
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice in accordance with the notification requirements of Weld County
for Case Number ZPAG22-0012, in the United States Mail, postage prepaid First Class Mail as addressed on this 7th day of June, 2024.
Jess Reid
Deputy Clerk to the Board
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RECORDED EXEMPTION N0. 1469a02-4--RE2747
PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 SECTION 2, TOWNSHIP 1 NORTH,
RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
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VICINITY MAP
SCALE: 1" = 2000'
SPECIAL NOTES:
1. ALL PROPOSED OR EXISTING STRUCTURES WILL MEET THE MINIMUM SETBACK AND OFFSET
REQUIREMENTS FOR THE ZONE DISTRICT IN WHICH THE PROPERTY IS LOCATED. PURSUANT TO THE DEFITION OF
SETBACK I THE WELD COUNTY ZONING ORDINANCE, THE REQUIRED SETBACK IS MEASURED FROM THE FUTURE
RIGHT-OF-WAY WE.
2. ANY FUTURE STRUCTURES OR USES ON SITE MUST OBTAIN THE APPROPRIATE ZONING AND BUILDING PERMITS.
. PRIOR TO THE RELEASE OF BUILDING PERM TS THE APPLICANT SHALL SUEGIT EVIDENCE TO THE DEPARTMENT
OF PLANNING SERVICES THAT LOT A HAS AN ADEQUATE WATER SUPPLY OF SUFFICIENT QUALITY, QUANTITY
AND DEPENDABILITY.
4. RIGHT TO FARM COVENANT:
WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTES IN THE UNITED STATES. THE
RURAL AREAS OF WELD COUNTY MAY BE OPEN AND SPACIOUS, BUT Tie ARE INTENSIVELY USED FOR AGRICULTURE.
PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE THERE ARE DRAWBACKS, INCLUDPNC CONFLICTS WITH
LONGSTANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL OF SERVICES THAN IN TOWN. AGRICULTURAL
USERS OF TEE LAND SHOULD NOT BE EXPECTED TO CHANGE THEIR LONG-ESTABLISHED AGRICULTURAL PRACTICES
TO ACC ATE THE INTRUSIONS OF URBAN USERS INTO A RURAL AREA. WELL RUN AGRICULTURAL ACTIVIT S
WILL GENERATE OFF -SITE IMPACTS, INCLUDING NOISE FROM TRACTORS AND EQUIPMENT; DUST FROM ANIMAL PENS,
FIELD WORK. HARVEST, AND GRAVEL ROADS; ODOR FROM ANIMAL COIINEMENT, StAGE, AM) MANURE; SMOKE FROM
DITCH BURT N -O; FLIES AND MOSQUITOES; TIE USE OF PESTICIDES AND FERTLIZERS IN THE FIELDS, RCLUDING THE
USE OF AERIAL SPRAYING, DITCHES AM) RESERVOIRS CANNOT SIMPLY BE MOVED OUT OF THE WAY OF RESIDENTIAL
DEVELOPMENT WITHOUT THREATENING THE EFFICENT DELIVERY OF IRRIGATION TO FELDS WINCH IS ESSENTIAL TO
FARM PRODUCTION.
CUCTION.
WELD COUNTY COVERS A LAND AREA OF OVER 4,000 SQUARE MILES IN SIZE (TWICE TIC STATE OF DELAWARE) WITH
MORE THAN 3,700 MSS OF STATE AND COUNTY ROADS OUTSIDE OF MUNICPALITES. THE SHEER MAGNITUDE OF THE
AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES. LAW EWORCEMENT IS BASED ON RESPONSES TO
COMPLATS MORE THAN ON PATROLS OF THE COUNTY AND THE DISTANCES WINCH MUST BE TRAVELED MAY DELAY
ALL EMERGENCY RESPONSES, INCLUNG LAW ENFORCEINT, AMBULANCE, AND FIRE. FIRE PROTECTION IS USUALLY
PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMUES TO RESPOND TO EVERGENCES. COUNTY
GRAVEL ROADS, NO MATTER HOW OFTEN THEY ARE BLADED, WILL NOT PROVIDE TEE SAW KIND OF SURFACE
EXPECTED FROM A PAVED ROAD. SNOW REMOVAL PRIORITES MEAN THAT ROADS FROM SUBDIVISIONS TO ARTERIALS
MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM. SNOW REMOVAL FOR ROADS WITHIN
SUBDIVISIONS ARE OF THE LOWEST PRIORTY FOR PUBLIC WORKS OR MAY BE THE PRIVATE RESPONSIBILITY OF THE
HOMEOWNERS. RS. SERVICES IN RURAL AREAS, IN MANY CASES, WILL NOT BE EQUIVALENT TO MUMCPAL SERVICES.
CHILDREN ARE EXPOSED TO DEFERENT HAZARDS IN THE COUNTY THAN IN AN URBAN OR SUBURBAN SETTING. FARM
EQUPMENT AND OIL FIELD EQUIPMENT, PONDS AND IRRIGATION DITCHES, ELECTRICAL POWER FOR PUMPS AND
CENTER PIVOT OPERATIONS, HIGH SPEED TRAFFIC, SAND BURS, PUNCTURE VINES, TERRITORAL FARM DOGS, AND
LIVESTOCK PRESENT REAL THREATS TO CIILDREIN. CONTROLLING CI4LI EN'S ACTIVITIES IS IISIORTANT, NOT ONLY
FOR THEIR SAFETY, BUT ALSO FOR THE PROTECTION OF THE FARMER'S LIVELIHOOD.
5. PRIOR TO THE RELEASE OF BUILDING PERMITS, THE APPLICANT WILL BE REQUIRED TO SUBMIT A
RECORDED DEED DESCRIBING THE LOT UPON WHICH Tit BUILDING PERMIT IS REQUESTED WITH THE BUILDING PERMIT
APPLICATION, THE LEGAL DESCRIPTION ON SUCH DEED SHALL INCLUDE TEE LOT AND RECORDED EXEMPTION NUMBER.
6. SHOULD NOXIOUS WEEDS EXIST ON THE PROPERTY OR BECOME ESTABLISHED
AS A RESULT OF THE PROPOSED DEVELOPMENT, THE APPLICANT/LANDOWNER SHALL BE RESPONSELE FOR
CONTROLLING THE NOXIOUS WEEDS, PURSUANT TO ORDINANCE 169k
SURVEY NOTES:
t BASIS OF BEARING IS CONSIDERING THE NORTHERLY LINE OF THE SOUTHEAST 1/4 OF SECTION 2,
TOWNSHIP "I NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, MONUMENTED AS SHOWN AS BEARING NORTH 89°52'37" WEST AS SHOWN ON SURVEY BY
L.S. 1O855, DATED SEPTEMBER 2O, 1973, WITH ALL OTHER BEARINGS BEING RELATIVE THERETO.
2. POSITION TOLERANCE OF MONUMENT LOCATIONS TO MEASUREMENTS SHOWN EQUAL PLUS OR
MINUS 0.3 OF A FOOT.
3. INFORMATION REGARDING EASEMENTS AND RIGHTS —OF— WAY OF' RECORD MAX BE OBTAINED FROM
A TITLE COMPANY'S COMMITMENT FOR TITLE INSURANCE AND NOT ALL EASEMENTS WERE REQUESTED TO
BE RESEARCHED AND SHOWN HEREON.
4. THE CONTROLLING ALIQUOT SECTION CORNERS SHOWN HEREON HAVE PREVIOUSLY FILED
COLORADO LAND SURVEY MONUMENT RECORDS ON FILE WITH THE COUNTY CLERK AND RECORDER'S
OFFICE AND ARE SUBSTANTIALLY AS DESCRIBED IN SAID MONUMENT RECORDS OR THEY AND ANY
CORNERS WITHOUT RECORDS WILL HAVE NEW RECORDS MADE AND SUBMITTED.
5. LOT A siz 5.001 ACRES MORE OR LESS.
LOT B 16.430 ACRES MORE OR LESS.
TOTAL rot 2t431 ACRES MORE OR LESS.
LEGEND:
SECTION CORNER, DESCRIBED AS SHOWN.
SET NO. 5 REBAR WITH ORANGE
PLASTIC CAP, L.S. 25937.
PROPERTY DESCRIPTION* (PROPERTY BEING DIVIDED, CORRECTED COURT ORDER PARCEL,
RECEPTION NO. 2781522 AND DEED RECEPTION NO. 2781523, JULY 19, 2OOO)
A TRACT OF LAND LOCATED IN THE STATE OF COLORADO, COUNTY OF WELD, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2,
TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M,, LYING WEST OF THE WEST EDGE OF
THE NEW BRANTNER DITCH,
EXCEPTING THEREFROM} THAT PORTION CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS,
STATE OF COLORADO BY DEED RECORDED SEPTEMBER 24, 1958 IN BOOK 1513 AT PAGE 48O.
BALANCE CONTAINS: 21.431 ACRES MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS AND RIGHTS-•OF—PWAY OF RECORD.
STATUTE OF LIMITATIONS:
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON
ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT.
IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
SURVEYOR'S CERTIFICATE:
I. JOEL B. CROWE, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO
DO HEREBY CERTIFY THAT THIS RECORDED EXEMPTION PLAT WAS PREPARED FROM THE RESULTS
OF A FIELD SURVEY COMPLETED SEPTEMBER O7, 2OOO, UNDER MY PERSONAL SUPERVISION, AND
THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE
SURVEY AND THIS PLAT COMPLIES WITH ALL APPLICABLE RULES, REGULATIONS, AND LAWS OF
THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND
PROFESSIONAL LAND SURVEYORS ANDWELD COUNTY.
.war _ nae.a
JOEL B CROWE,
L.S. #. 25937
DATE
OWNER'S AND EASEMENT APPROVAL:
IR THE UNDERSIGNED, BEING THE SOLE OWNER IN FEE OF THE ABOVE DESCRIBED PROPERTY DO
HEREBY DIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. I UNDERSTAND THIS PROPERTY IS
LOCATED IN THE "A" (AGRICULTURAL) ZONE DISTRICT AND IS ALSO INTENDED TO PROVIDE AREAS
FOR THE CONDUCT OF OTHER USES BY RIGHT, ACCESSORY USES, ACCESSORY USES, AND USES BY
SPECIAL REVIEW,
AND
I DO HEREBY DEDICATE, FOR THE BENEFIT OF THE PROPERTYOES) SHOWN OR DESCRIBED HEREON,
EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREON.
04
11e�a1F Dew• �a oea+�a +aaa �� araa arrr _ _ � _ �e wwM *
BONNIE J. A
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
OF'
Se—PreArdearesw
MY COMMISSION EXPIRES:Eels.f1/..
age
Cana _ a as so a... -, Slim tVNF mull APR!"
NOTARY PUBLIC, WIT
S MY HAND AND SEAL.
L.
DAY
A.D., 2OOO, BY THE ABOVE SIGNED.
A actea.
WELD COUNTY APPROVAL:
THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR FILING.
awaw
DEPAR
4
14141/11 Ci°
awe SI. ilimilim S Malt 41,146 ii‘Pri art.- *PPM. aPPRWS
MENT OF PLANNING SERVICE'S DIRECTOR
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS ..RObi".. DAY
OF _aSnrishgr
MY COMMISSION EXPIRES: _
Id
aood
NOTARY PUBLIC, WITNESS MY HAND AND SEAL.
S
OR/U/NA L
SCALE: I" = 100'
WEND1 FNLOES
NOTARY PUBLIC
STATE OF COLORADO
, A.D.# 2OOO, BY THE ABOVE SIGNED.
ALPHA ENGINEERING CO.
617 5TH STREET a P.O. BOX 392, FORT LUPTON, COLORADO 80621
PHONE: 303-857-2308 or 303482574 2010, FAX: 303-857-0707
EaMAIL: A►LPHASURVEYINGCAOLtCOM
PATH: D:\WIN98\21N7MARCYSE4RE.VCD
REVISIONS
BY
DATE
CONTACT: MARCY, JASON GLEIM (RE2747)
DWG: RLG/JC
SCALE:
1"
100'
50' 100'
200'
FDBK: 2
PG: 82, 55
DATE: SEPTEMBER 2O. 2000
FILE NO. 2--1N7-05
Cynthia Villanueva
From:
Sent:
To:
Subject:
Good morning,
Cynthia Villanueva
Thursday, November 2, 2023 8:47 AM
Diana Aungst; Luke Johnson
RE: ZPAG22-0012/ZCV22-00035 Outstanding Conditions of Approval
I wanted to follow up with the violation case ZCV22-00035. A court date has been schedule for November 6th, 2023, of
which you should have received notice from our County Attorney's office.
It would be highly suggested that you review the updated stipulation to acquire more time to complete the conditions of
approval, or you may file an answer with the court, or if you wish do nothing the case will result into a default
of judgement for a $50.00 a day daily penalty fee until the property has reached compliance.
If you have any questions or concerns please feel free to contact myself or our County Attorney's office.
Thank you,
Cynthia
From: Diana Aungst <daungst@weld.gov>
Sent: Thursday, November 2, 2023 8:01 AM
To: Luke Johnson <tophatracingl@gmail.com>
Cc: Cynthia Villanueva <cvillanueva@weld.gov>
Subject: ZPAG22-0012/ZCV22-00035 Outstanding Conditions of Approval
Hi Luke:
Hope you are well. In order to finish up this case please address the below listed Conditions of Approval:
B. Address the fire district comments
E. submit the Change of Use building permit.
Also the Mylar is required.
Please keep in mind the Small Business Incentive Program to help with the Change of Use fees on the building
permit.
Please note that due to the fact that this case is a violation case the ZPAG may be rescinded if the Conditions
of Approval cannot or are unable to be met.
Thanks,
Diana Aungst
AICP, CFM
Planner III
Our new address:
Weld County Department of Planning Services
1402 N. 17th Avenue, PO Box 758, Greeley, Colorado 80632
D: 970-400-3524
1
O: 970-400-6100
Fax: 970-304-6498
daungst@weld.gov
www.weld.gov
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: bpascoe@weldgov.com
PHONE: 970-400-3555
FAX: 970-304-6498
NOTICE OF INTENT TO PROCEED
March 28, 2022
JOHNSON THOMAS A& CONNIE I E J
10502 HIGHWAY 52
FT LUPTON CO 80621
Subject: ZCV22-00035
Legal Description: PT NW4SE4 2-1-67 LOT B REC EXEMPT RE -2747
Situs Address: 10502 HIGHWAY 52
To Whom it May Concern:
Previously, you were contacted by the Zoning Compliance Officer of the Weld County Department of Planning
Services concerning violations of the Weld County Code ("the Code") on the above -described property. The
matter has been referred to me because the compliance officer reports you have failed to correct these violations.
As Director of the Weld County Department of Planning Services, I have the responsibility to review the evidence
of violations of Chapter 23 (Zoning) of the Code, and to refer the violations to the Weld County Attorney for
resolution if I confirm their existence.
At this time, based on my understanding of the Facts and Code provisions detailed below, I conclude that the
property is in violation of the Code. Therefore, I intend to refer these violations to the County Attorney for
enforcement. (The legal action which will be taken is outlined on the attached page entitled "County Court
Enforcement Process").
Relevant Code Provisions:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District.
23-3-20 Uses allowed by right outside subdivisions and historic townsites.
23-3-20.K One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME
per LEGAL LOT.
23-3-30 Accessory uses outside of subdivisions and historic townsites.
23-3-30.F Parking areas and parking STRUCTURES, including parking of one (1)
COMMERCIAL VEHICLE per LEGAL LOT.
23-3-35 Uses allowed by permit outside of subdivisions and historic townsites.
23-3-35.A AGRICULTURAL SUPPORT AND SERVICE, permitted under Division 17 of Article
IV of this Chapter.
Summary of Facts:
Records indicate that Bethany Pascoe, Zoning Compliance Officer sent a courtesy letter dated
February 9, 2022, followed by the initial Zoning Violation Notification letter dated
February 18, 2022. Records indicate that you came in for a Pre -Application meeting; however,
have been unable to find any applications having been submitted, nor any communication
indicating that the violations were otherwise addressed.
Conclusions:
Based upon the above information and the relevant Code Provisions, taken directly from Chapter
23 of the Weld County Code, I find the violations to be accurate and sufficient time has been
allowed to bring the property into compliance.
However, if you feel you have brought your property into compliance or are unsure of the remedies available to
you, please call Bethany Pascoe at 970400-3555.
Compliance records are now visible to the public through the Citizen Access portal through our web page.
Please visit <https://accela-aca.co.weld.co.us/citizenaccess/> and go to the Enforcement tab. You can search
by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel
free to call if you have any questions.
If you disagree with the Facts and/or my Conclusions, you may meet with me to discuss your case in person. In
order to schedule a meeting, you must submit a written request which explains, in detail, the reasons that you
disagree with either the facts of the violation or the specific Sections of the Weld County Code listed above. If I
have not received the written request from you within those ten (10) calendar days, the matter will be referred
to the County Attorney for enforcement.
Tom Parko
Director of Planning Services
Pc. ZCV22-00035
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Diana Aungst
From:
Sent:
To:
Subject:
Attachments:
Diana Aungst
Tuesday, March 1, 2022 7:40 AM
tophatracing1@gmail.com
PRE22-0029 Summary of PreApplication meeting
SBIP 2021 Application.pdf; SBIP 2021 Criteria.pdf; Enterprise Zone handout.pdf; Consultant List
1-18-21.pdf; 2022 BLDG FEE SCHEDULE.pdf; Ch 8-11-40.1. Drainage Narrative Exceptions.docx; CH
24-3-220.B. Traffic Narrative.docx; Impact fees and definiti0ns.pdf
Hi Thomas:
It was nice talking with you about your project. Below is a summary of our Pre Application meeting=
Overview:
ZPAG for Truck Parking (Ag Support and Service #i.)
The site is in violation.
Address: 10502 HWY 52
Meeting held on 2/28/22 at 1:30am — PRE22-0029
Parcel number: 146902000038; 16.4 acres
Lot A of RE -2747
The site is zoned Ag
In Fort Lupton IGA area
Adjacent to and south of HVVY 52 which has been annexed into Fort Lupton
In the Annexation Zone and Opportunity Zone per Comp Plan
Not in MS4
Located in Enterprise Zone
Attendees:
Thomas Johnson
Luke Johnson
Thomas Potter, Building Department
Bethany Pascoe, Zoning Compliance
Diana Aungst, Planning
Details of the project:
The applicant has a 100'x80' building that is used for hay storage and hay transporting. There are two drivers
that drive to the building every morning. There are usually three tractor trailers that leave once around 3am and
return once around 3pm. The drivers then go home at that time. The building is used to protect stored material
and to protect the loaded product on the trailers in the evening. There are three semi -trailers on the site being
used for personal storage.
Staff Comments.
While we strive to identify significant issues, the summary may not identify all issues, even major ones that
may be raised during the formal review of your application.
The Comprehensive Plan depicts the site as an Annexation area and an Opportunity Zone.
A grading permit will be required if you grade more than one acre.
Provide a drainage narrative. If you don't meet an exception a drainage report will be required. Contact Mike
McRoberts for more information at mmoroberts@weldgov.com 970-400-3798.
1
Tom Potter with the building department joined us at our meeting and had some requirements concerning the
Change of Use of the building: tpotter@vveldgov.com,970-400-3518. The building permit application will need
to be submitted after the ZPAG has been approved and recorded.
Bethany Pascoe with Zoning Compliance provided an example of a ZPAG. Also, there will be a Condition of
Approval that the number of semi -trailers being used for personal storage be reduced to 2. The third semi-
trailer cannot be moved to 10506 HWY 52 unless someone is living in the house.
23-1-90 Definition:
AGRICULTURAL SUPPORT AND SERVICE: Establishments principally engaged in serving DAIRIES and
FARMING, excluding LIVESTOCK CONFINEMENT OPERATIONS, MEAT PROCESSING, ORGANIC
FERTILIZER PRODUCTION/COMPOSTING FACILITIES, TRANSLOADING facilities, and COMMERCIAL
TRUCK WASHOUT FACILITIES; and including but not limited to the following:
a. Drying, packing, sorting, blending, and/or selling of crops and other plants not grown by the owner and/or
operator of the property,
b. Farm equipment sales, repair, and installation,
c. Grain, seed, feed, fertilizer, herbicide, pesticide, kerosene, and propane retail, wholesale, and service
establishments,
d. Irrigation companies,
e. Produce and LIVESTOCK auctions,
f. Produce wholesalers,
g. Elevator storage and cold storage warehouses,
h. Farmers markets, and
i. Trucking companies principally engaged in the hauling of agricultural products such as crops,
LIVESTOCK, DAIRY products, etc.
j. AGRICULTURAL PROCESSING.
23-3-35.A. Allows for AGRICULTURAL SUPPORT AND SERVICE with a ZPAG.
The maximum number of trucks on the property is limited to 9.
23-4-1210 - Operation Standards
G. Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be allowed to be
parked on -site, unless otherwise approved by the Board of County Commissioners.
The Brantner Ditch contact may be Dawn Jewell dmiewellauraragov,r or found at:
Illiiisliwvvw.dnb.com/business-directory/company-
profiles.new brantner extension ditch company 8c0e377976cf0ecfl ec510261206f4d5,1tm1
Please verify this information and include it in the application packet.
Contact CDOT concerning the access off of HVVY 52. Tim Bilobran (970) 350-2163
tiniothv,bilobran@stateco.us
The site is currently in violation (ZCV22-00035) for not having the necessary land use permits before operating
a commercial business.
You may be eligible for the Small Business Incentive Program. Criteria for this program can be found here.
jlttps://www.weldc,iovcorTl/Goveir r it eart, ents/Pl:4rtning-and-ZoninWSma1I-Business-Assistance This
Small Business Incentive Program will help defer the cost of the Impact Fees.
The site is in the Colorado's Enterprise Zone (EZ). The EZ program provides state income tax credits to
encourage businesses to locate/expand in designated economically distressed areas of the state. The Weld
County EZ program is administered by Upstate Colorado Economic Development.
https:l/u pstetecelor.ado.orgf p-conten 'clploads/2016/O2/Wek1-F7-Credlit-Detail df
11I1a : htt s:l/u state olorado.org/wp-contentlupbads/2017/i 2/WeidEZ ap2016.pc f
2
Development Review Information website (for traffic and drainage)
hitos://www.weldciov.corn/Goverment/DeDartmentsiPlanninc-and-Zoning/Dev l° )nentaeview
Impact Fees
Additional fees may be included with the Building Permit such as Road Impact, County Facilities and Drainage
fees. httpsi/ ivvvviw. relc cov corn/filesisharedassetslpubliq/clep r-tment iplannirq=and-zanin /documentsfirn act-
fees-far-website. pdf
Land Use Applications and Guides (applications and fees):
https_ `/w w. wId o r_ .c r i `c r ver=n e t 'I e rtmer is/I l nnine-and-_onit ILand-Use- _plicatio__ -a_ i-Guides
Staff contact
https:thomm.weldgov.com/Government/De artnnents/Plan nir mand-Zoning/Contact-U
Examples:
Visit the following website to look up other applications on-line:
https:/faccelaaaca.comeic .c _us/CitizenAccess/Detaul,t.aspx
Then:
• Click on "Planning" tab on the menu bar
• Under General Search, type the case number i.e. ZPAG20-0031, into the Record Number box and
search
• Click on the "Record Info" arrow drop -down menu
• Click on "Attachments" to review the application materials
ZPAG Process:
Submit 1 packet for a completeness review as a pdf via email or on a USB. A completeness review meeting wilt
be scheduled. Upon submittal of a complete application it will be sent out to the referral agencies for a 28 -day
review period. ZPAG applications do not include any public hearings. The application is reviewed by staff and
referral agencies. We will meet to discuss the referrals if needed. The application fee is $1,000.00 and the
turnaround time is 60 days.
https://www.welcigovecomifilesisharedassets/ ublicide rime t /planning-and-zoninI1documents/land-use-
ppplicat onslz paq . pdf
If you have any questions please call the Planner on Call available Monday through Friday 7:30 a.m. to 4:30
p.m. or contact me at 970-400-3524 or daungstweldgov.com
Regards,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
70-304-6498
clatingst@weldgov corn
www. weldgov. corn
V
C
3
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
4
County Court Code Enforcement Procedure
The action is filed in the County Court. (C.R.S. 30-28-124.5 & C.R.S. 30-28-210)
- It is an action for the imposition of Civil Penalties.
- The initial penalty to be assessed is not to exceed $1000.00.
- The daily penalty to be assessed is not to exceed $100.00 per day and is assessed by Court Order
for each day the violation continues.
- The penalties, if not paid within 30 days, may be certified to the County Treasurer for collection
with property taxes.
II. The Summons, Complaint, Case Management Order, and Answer form are served on the
Defendant.
- There is a specified format for the filing of Civil Actions in County Court. It is a simpler format.
- The Defendant may use the Answer form they are served to file an Answer with the Court.
- The Court charges a $100.00 fee to file an Answer. Payment for the fee must accompany the
Answer.
- There is no right to a jury trial in these cases.
IV, Hearing Process if Defendant/Respondent Files an Answer
- If Defendant files an Answer by the deadline listed on the Summons, the Court can set the
matter for a hearing to allow the Defendant an opportunity to defend the Defendant's position.
- The Court may require the parties to exchange disclosures and/or file a list of exhibits and
witnesses they plan to use at a hearing or trial.
- Following a hearing, the Court could impose a one-time penalty (not to exceed $1000.00) and
a daily penalty (not to exceed $100.00 per day) if the violation is not corrected.
- Alternatively, the County and the Defendant can agree to a Stipulation to resolve the matter
prior to a hearing or trial. The Stipulation would be filed and then become an Order of the Court.
If the terms of the Stipulation are met the penalties may be reduced or eliminated. If the
Stipulation terms are not met the County Attorney may file a motion to request a hearing to
impose daily penalties. If, after a hearing, the Court agrees the Stipulation terms were not met the
Court may impose a daily penalty it believes is appropriate (not to exceed $100.00 per day).
Judicial Process if No Answer is Filed:
- After the court deadline in the Summons has passed the County will file a motion requesting the
Court enter an Order of Default and an Order for Daily Penalties. The Order could impose a
one-time penalty (not to exceed $1000.00). Each day after the issuance of the Order during
which the violation continues is deemed a separate violation and is subject to a continuing
penalty in an amount not to exceed $100.00 per day. The Court may issue an Order imposing
the daily penalties or may set the matter for a hearing to give the Defendant another opportunity
to appear and contest the continuing violations.
- Any Court Order issued is sent to the Defendant via US mail.
- If the Defendant corrects the violation, pays the penalty fees assessed, and notifies the County
Compliance Officer that the violation is cured then no further action is required by the Defendant.
- The action continues until the County Attorney files a Motion to Dismiss indicating the matter is
resolved and the Court issues the Order to Dismiss. The Court may also dismiss the case upon the
filing of a receipt from the treasurer stating that the penalty amount has been paid and an affidavit
of the County Compliance Officer stating that the violation has been corrected.
- Any penalties ordered by the Court may be recorded with the Weld County Clerk and Recorder.
Upon recording, the amount will become a lien on the property. If the penalty fees are not paid
within 30 days, the unpaid amount may be certified to the Treasurer together with a 10% penalty
for the cost of collection in the same manner as other taxes are collected.
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: bpascoe@weldgov.com
PHONE: 970-400-3555
FAX: 970-304-6498
Violation Notification
February 18, 2022
JOHNSON THOMAS A & CONNIE J
10502 HIGHWAY 52
FT LUPTON CO 80621
Subject: ZCV22-00035
Legal Description: PT NW4SE4 2-1-67 LOT B REC EXEMPT RE -2747
Situs Address: 10502 HIGHWAY 52
To Whom it May Concern:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District.
23-3-20 Uses allowed by right outside subdivisions and historic townsites.
23-3-20.K One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per
LEGAL LOT.
23-3-30 Accessory uses outside of subdivisions and historic townsites.
23-3-30.F Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL
VEHICLE per LEGAL LOT.
23-3-35 Uses allowed by permit outside of subdivisions and historic townsites.
23-3-35.A AGRICULTURAL SUPPORT AND SERVICE, permitted under Division17 of Article IV of
this Chapter.
To bring your property into compliance with the Weld County Code:
as we discussed the operation of a hay business requires specific land use permits. The first step is
the Pre -Application, which you submitted on February 16, 2022. This letter is being sent to explain
what sections of the Weld County Code are currently in violation.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we
have no discretion in this matter if you fail to correct this violation. You have until
3/4/2022
to correct this zoning violation. Failure to contact my office to either indicate compliance or to request an
extension will result in this office referring the violation to the County Attorney's Office for legal action.
Compliance records are now visible to the public through the Citizen Access portal through our web page.
Please visit <https://accela-aca.co.weld.co.us/citizenaccess/> and go to the Enforcement tab. You can search
by case number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free
to call if you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment
so that I may reserve a sufficient amount of time with you.
Regards,
j-kAw_O\\--h \IC
Bethany Pascoe
Zoning Compliance Officer II
File: ZCV22-00035
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ZONING CODE COMPLAINT
WCSO/ANIMAL CONTROL
PUBLIC WORKS/PEST & WEEDS
BUILDING CODE COMPLAINT
HEALTH DEPARTMENT
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ZONING CODE COMPLAINT FORM
Pending Case # (i.e. USR, RE, SE, Ect...):
Lot t• RE a arit-ti
Legal Description:
Violation Address:
Property Owners Name:
Property Owner's Address:
Tenants Name:
Complaint Initiated by:
0 Staff 0 Citizen 1X Other: .V
Citizen's Name:
Citizen's Number:
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N 17th Ave, Greeley, Co 80631
Phone: (970)400-3540 Ext. 3526/3555
Fax: (970)304-6498
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Date Complaint Received: I etcL2C21
Parcel #: clir}VIL
Tenants Address:
NATURE OF COMPLAINT:
Phone:
Phone:
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Additional Notes:
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Planner:
Case Number:
Owners:
Address:
Representative.
Request:
Legal
Description:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
ZPAG22-0012
Thomas and Connie Johnson
10502 State Highway 52, Fort Lupton, CO 80621
Alles, Taylor & Duke, LLC c/o Mark Taylor
3610 35th Avenue, Unit 6, Evans, CO 80620
Director Approval
Zoning Permit for certain uses Agricultural Support and Service (trucking company
principally engaged in the hauling of agricultural products) outside of subdivisions and
historic townsites in the A (Agricultural) Zone District
Lot B of Recorded Exemption RE -2747, being a part of the NW2SE4 of Section 2,
Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of HWY 52 and approximately 0.5 miles east of CR 21
Size of Parcel:
± 16.43 acres Parcel No. 1469-02-0-00-038
The criteria for review of this Zoning Permit are listed in Section 23-4-1200 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Public Health and Environment, referral dated August 23, 2022
➢ Weld County Department of Planning Services - Code Compliance, referral dated August 17, 2022
➢ Weld County Department of Planning Services — Development Review, referral dated August 16, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Dacono, referral dated August 11, 2022
➢ Weld County Sheriff's Office, referral dated September 12, 2022
➢ Weld County School District RE -8, referral dated August 16, 2022
➢ Fort Lupton Fire Protection District, referral dated August 25, 2022
➢ Weld County Oil and Gas Energy Department, referral dated August 22, 2022
➢ State of Colorado, Division of Water Resources, referral dated August 16, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Frederick
➢ City of Fort Lupton
➢ Platte Valley Conservation District
➢ New Brantner Extension Ditch Company
➢ Weld County Department of Planning Services - Building Inspection
ZPAG22-0012 I Johnson
Page 1 of 8
Case Summary:
The applicants are requesting a Zoning Permit for a trucking company (Top Hat Express LLC) principally
engaged in the hauling of agricultural products. The hours of operation are proposed to be 5:00 a.m. -
7:00 p.m. Monday - Friday. Top Hat Express LLC has 3 full-time employees plus the owner who also drives
trucks for the business. There will be up to five (5) employees and four (4) semi -trucks (cab and trailer).
The business is not open for walk-in visitors or clients on the subject property. Only employees will use the
site for work related activities.
The structures on the site include a 2,896 SF residence, three (3) equipment buildings: one 1,440 SF, one
7,200 SF, and one 8,320 SF. The (80'x104') 8,320 SF equipment building (pole barn) that will be used for
the parking of the semi trucks will require a Change of Use Building Permit. There are also multiple sheds
on the site ranging in size from 300-500 SF. According to the aerial there may be semi -trailers and or cargo
containers used for storage on the site as well. The number of semi -trailers and cargo containers is limited
to two each as accessory uses per Section 23-3-30.G. No parking spaces are proposed outside of the
building. Parking will be contained withing the 8,320 SF equipment building (pole barn). Since the parking
will be inside the equipment building no screening is required. The portable toilet is proposed to be screened
by the pole barn.
There is an active Code Violation (ZCV22-00035) that was initiated due to the operation of Ag Support and
Services trucking and storage operation without first obtaining the required land use permits. This case
has been forwarded to the County Attorney's Office.
If this application is approved and the applicant completes all the Conditions of Approval, submits an
accepted ZPAG map for recording, and obtains a Certificate of Occupancy for the equipment building this
Code Violation (ZCV22-00035) will be closed.
If this application is denied, the Ag Support and Services trucking and storage operation shall be removed
from the property within 30 days of the date of this staff report (October 15, 2022) or the Code Violation
(ZCV22-00035) case would progress automatically through the County Court process.
The Department of Planning Services' approves the ZPAG for the following reasons
1. The submitted materials are in compliance with the application requirements of Section 23-4-1220 of
the Weld County Code.
2. The proposed request is in compliance with the ZPAG Criteria requirements of Section 23-4-1200 of
the Weld County Code. Pertinent processing information includes:
A. Section 23-4-1200.A.3. -- The proposed use is compatible with applicable provisions of Chapter 22
of this Code.
Section 22-2-30-A.1. Land use changes should not inhibit agricultural production nor operations.
No agricultural production is affected by the proposal.
Section 22-2-30. C.1. Transition between land use types and intensities with buffers. Uses that are
incompatible with existing uses must be able to mitigate conflicts.
The parcel to the east is currently undergoing a Change of Zone to create a C-3 (Business
Commercial) Zone District. This site is in a Weld County Opportunity Zone and although it is not a
Change of Zone it is a commercial use and therefore the location of these businesses is consistent
with the Comprehensive Plan's intent to place commercial businesses within one-half mile of
highways.
B. Section 23-4-1200.A.2. -- The application complies or will comply with the design standards in
Section 23-4-1205 and the conditions in Section 23-4-1240.
Specifically:
ZPAG22-0012 I Johnson
Page 2 of 8
Section 23-4-1205.A. -- Adequate water service in terms of quality, quantity, and dependability is
available to the site to serve the USES permitted.
For employees on site for less than two (2) consecutive hours a day, portable toilet and bottled
water are acceptable. The residence is served by a water well permitted for domestic uses
(#230133) and an on -site wastewater treatment system permitted for four (4) bedrooms (#G-
19732527).
C. Section 23-4-1200.A.2. -- The application complies or will comply with the design standards in
Section 23-4-1205 and the conditions in Section 23-4-1240.
Specifically:
Section 23-4-1205.D. -- Adequate fire protection measures are available on the site for the
structures and facilities permitted.
The City of Fort Lupton Fire Protection District did not return referral agency comments.
D. Section 23-4-1200.A.4. -- The proposed use is compatible with the character of the neighborhood.
The surrounding land uses are predominately production agricultural and rural residential with the
parcel to the east under review for a zoning change to C-3 (Business Commercial) for an excavating
company. This proposed permit is for an agricultural related business which would complement
and support the existing agricultural land uses. The business will provide critical products used in
area farming and will not detract from surrounding land uses.
Eight (8) surrounding property owners were notified of the request and no responses were received.
The subject site is designated as "Commercial Transition" and "Agriculture and Rural Residential"
on the City of Fort Lupton's Future Land Use Map adopted May of 2018. The "Commercial
Transition" designation identifies potential growth areas for commercial development outside the
municipal boundaries or primary commercial districts of Fort Lupton. These areas should support
gradual, long-term commercial investment outward from the City's urban core, including
incremental transitioning of agricultural uses to commercial development.
The "Agriculture & Rural Residential" designation allows for agricultural and related uses as well
as low density residential on the periphery of the planning area, intended to preserve a generally
rural character. This also includes a variety of miscellaneous uses, such as isolated industrial
businesses and semi -rural properties located under Estate Zoning. Given the availability of viable
land for development in more appropriate districts, commercial or residential investment within
agricultural areas should be discouraged. This will help limit unnecessary loss of agricultural lands
and reduce the potential of suburban sprawl.
This commercial operation is for Agricultural Support and Service (trucking company principally
engaged in the hauling of agricultural products) which is consistent with the vision of the
"Commercial Transition" designation per the City of Fort Lupton's Future Land Use Map.
E. Section 23-4-1200.A.7. -- The proposed use has adequate access and street/road or highway
facilities providing access to the property are adequate in size to meet the requirements of the
proposed use.
Since the site has an access from State Highway 52 a referral was sent to the Colorado Department
of Transportation (CDOT) but no referral agency response was received, however, the applicant
submitted an access permit application to CDOT on May 11, 2022. The applicant shall provide an
approved access permit from CDOT to the Department of Planning Services.
The State Highway Access Control Plan identifies this access (17.94-S.) as "No Action — Existing
Full Movement."
F. Section 23-4-1200.A.8. -- In those instances where the following characteristics are applicable to
ZPAG22-0012 I Johnson
Page 3 of 8
the request, the applicant has demonstrated compliance with the applicable standards:
a. If the proposed use is located within any Overlay Zoning District or Special Flood Hazard Area
identified by maps officially adopted by the County, the applicant shall demonstrate compliance
with the County regulations concerning Overlay Zoning Districts and Special Flood Hazard
Areas.
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
3. The proposed request is in compliance with the Operation Standards requirements of Section 23-4-
1210 of the Weld County Code. Pertinent processing information includes:
A. Section 23-4-1210.A. -- The operation of the uses shall comply with the noise standards
enumerated in Section 25-12-101, et seq., C.R.S.
B. Section 23-4-1210.F. -- 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 owner allow the
growth of noxious weeds.
C. Section 23-4-1210.G. -- Up to nine (9) commercial vehicles associated with the zoning permit use
shall be allowed to be parked on -site.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall provide an approved access permit from CDOT to the Department of Planning
Services.
B. The applicant shall address the requirements of the Fort Lupton Fire Protection District, as stated
in the referral response dated August 25, 2022. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
C. The applicant shall limit the number of semi -trailers used exclusively for storage to two (2) in
accordance with Section 23-3-30.G.
D. The applicant shall limit the number of cargo containers to two (2) in accordance with Section 23-
3-30.G.
E. The applicant shall submit a Change of Use building permit application for the 80x104 pole frame
building that is being used for the truck parking and business operations.
F. The Zoning Permit Plan shall be amended to delineate the following:
1. All sheets of the plan shall be labeled: ZPAG22-0012
2. The attached Development Standards.
3. Existing and proposed structures and approximate distances to the nearest property lines. All
structures to be used in conjunction with the zoning permit shall meet current setbacks and
offsets.
4. Existing and proposed cargo containers and semi -trailers.
ZPAG22-0012 I Johnson
Page 4 of 8
5. Existing and proposed parking areas, including surface material, number, and dimensions of
spaces and drive aisles. Parking shall comply with Article IV, Division 1, of this Chapter as
applicable.
6. Existing and proposed signage. All signage shall comply with Article IV, Division 2, of the Weld
County Code, as applicable.
7. Other existing and proposed improvements.
8. The Zoning Permit Plan shall bear the certifications per Section 23-4-1220.C.6. of the Weld
County Code. Do not include the Board of County Commissioners certification.
9. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along with
the documents creating the right-of-way.
10. Show the approved Colorado Department of Transportation (CDOT) access point on the plat
and label with the approved access permit number if applicable.
11. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property.
12. Show and label the existing 30 -ft. minimum access and utility easement to provide legal access
to Lot A (RE -2747) and Lot B (RE -2747) on the plat.
13. Show and label the drainage flow arrows.
2. The applicant shall submit one (1) electronic copy (.pdf) of the plan for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the plan the applicant shall submit a Mylar
plan along with all other documentation required as Conditions of Approval to the Department of
Planning Services. The Mylar plan shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services prior to commencement of the use or construction.
The applicant shall pay the recording fee.
3. If the required documents have not been recorded within ninety (90) days from the date of approval or
if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval,
the Director of Planning Services may refer the application to the Board of County Commissioners,
which may revoke the zoning permit following a public hearing. The applicant shall be notified of the
public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning
Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a
written request by the applicant. Before this extension has expired, the applicant may seek a further
extension from the Board of County Commissioners by written request to the Director of Planning. If
the Board of County Commissioners denies the extension or if the conditions are not met and the
required documents recorded by the date specified by the Board, the zoning permit approval shall be
voided, and the application denied.
4. The Zoning Permit for Certain Uses in the Agricultural Zone District is not perfected until the Conditions
of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Zoning Permit for Certain Uses in the Agricultural
Zone District plan 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
By
��/Cti�Gl�c
Tom Parko Planning Director
Date_
ZPAG22-0012 I Johnson
Page 5 of 8
ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT
DEVELOPMENT STANDARDS
Thomas and Connie Johnson
ZPAG22-0012
1. Zoning Permit, ZPAG22-0012, for certain uses Agricultural Support and Service (trucking company
principally engaged in the hauling of agricultural products) outside of subdivisions and historic townsites
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 shall be 5:00 a.m. - 7:00 p.m. Monday — Friday.
4. The number of on -site employees shall be up to five (5).
5. The number of on -site commercial vehicles shall be no more than four (4).
6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
8. The existing landscaping on the stie shall be maintained.
9. Sources of light shall 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.
10. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant
to Chapter 15, Article I and II, of the Weld County Code.
11. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
13. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat,
including owners of future lots created therefrom, regardless of lot configuration or number of users,
and without limitation of the use or intensity of the use of such easements. No lot owner may install a
gate or otherwise impede the use of such easements without the approval of all persons with rights of
use of such easements.
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. 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.
16. 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, 30-20-100.5, C.R.S.
17. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code, and the accepted waste handling
plan
18. 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.
ZPAG22-0012 I Johnson
Page 6 of 8
19. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. A
permanent, adequate water supply shall be provided for drinking and sanitary purposes, as required.
The well permitted as 230133 cannot be utilized for the business unless it is repermitted for commercial
use.
20. Any On -site Wastewater Treatment system located on the property must comply with all provisions of
the Weld County Code, pertaining to On -site Wastewater Treatment Systems.
21. For employees on site for less than 2 consecutive hours a day, a portable toilet 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, contain hand
sanitizers and be screened from public view.
22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code.
23. Building permits may be required, for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. 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: 2018 International Building Codes, 2018 International Energy Code, and 2020
National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit Application must
be completed and two (2) 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 Colorado registered engineer, shall be required or an Open Hole Inspection. A building
permit must be issued prior to the start of construction.
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
25. The Zoning Permit area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Changes from the plans or Development
Standards, as shown or stated, require the written approval of an amendment of the Permit by the Weld
County Planning Services Department before such changes from the plans or Development Standards
are permitted. A revised map may be required to be submitted, approved, and recorded.
26. 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.
27. The property owner, operator or successor shall be responsible for acknowledging and complying with
Section 23-4-1240 of the Weld County Code.
28. 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 people 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.
29. 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
ZPAG22-0012 I Johnson
Page 7 of 8
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they 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.
ZPAG22-0012 I Johnson
Page 8 of 8
Diana Aungst
From: Diana Aungst
Sent: Tuesday, March 1, 2022 7:40 AM
To: tophatracing1@gmail.com
Subject: PRE22-0029 Summary of PreApplication meeting
Attachments: SBIP 2021 Application.pdf; SBIP 2021 Criteria.pdf; Enterprise Zone handout.pdf; Consultant List
1-18-21.pdf; 2022 BLDG FEE SCHEDULE.pdf; Ch 8-11-40.1. Drainage Narrative Exceptions.docx; CH
24-3-220.B. Traffic Narrative.docx; Impact fees and definitions.pdf
Hi Thomas:
It was nice talking with you about your project. Below is a summary of our Pre Application meeting:
Overview:
ZPAG for Truck Parking (Ag Support and Service #i.)
The site is in violation.
Address: 10502 HWY 52
Meeting held on 2/28/22 at 1:30am — PRE22-0029
Parcel number: 146902000038; 16.4 acres
Lot A of RE -2747
The site is zoned Ag
In Fort Lupton IGA area
Adjacent to and south of HWY 52 which has been annexed into Fort Lupton
In the Annexation Zone and Opportunity Zone per Comp Plan
Not in MS4
Located in Enterprise Zone
Attendees:
Thomas Johnson
Luke Johnson
Thomas Potter, Building Department
Bethany Pascoe, Zoning Compliance
Diana Aungst, Planning
Details of the project:
The applicant has a 100'x80' building that is used for hay storage and hay transporting. There are two drivers
that drive to the building every morning. There are usually three tractor trailers that leave once around 3am and
return once around 3pm. The drivers then go home at that time. The building is used to protect stored material
and to protect the loaded product on the trailers in the evening. There are three semi -trailers on the site being
used for personal storage.
Staff Comments:
While we strive to identify significant issues, the summary may not identify all issues, even major ones that
may be raised during the formal review of your application.
The Comprehensive Plan depicts the site as an Annexation area and an Opportunity Zone.
A grading permit will be required if you grade more than one acre.
Provide a drainage narrative. If you don't meet an exception a drainage report will be required. Contact Mike
McRoberts for more information at mmcroberts@weldgov.com 970-400-3798.
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Tom Potter with the building department joined us at our meeting and had some requirements concerning the
Change of Use of the building: tpotter@weldgov.com 970-400-3518. The building permit application will need
to be submitted after the ZPAG has been approved and recorded.
Bethany Pascoe with Zoning Compliance provided an example of a ZPAG. Also, there will be a Condition of
Approval that the number of semi -trailers being used for personal storage be reduced to 2. The third semi-
trailer cannot be moved to 10506 HWY 52 unless someone is living in the house.
23-1-90 Definition:
AGRICULTURAL SUPPORT AND SERVICE: Establishments principally engaged in serving DAIRIES and
FARMING, excluding LIVESTOCK CONFINEMENT OPERATIONS, MEAT PROCESSING, ORGANIC
FERTILIZER PRODUCTION/COMPOSTING FACILITIES, TRANSLOADING facilities, and COMMERCIAL
TRUCK WASHOUT FACILITIES; and including but not limited to the following:
a. Drying, packing, sorting, blending, and/or selling of crops and other plants not grown by the owner and/or
operator of the property,
b. Farm equipment sales, repair, and installation,
c. Grain, seed, feed, fertilizer, herbicide, pesticide, kerosene, and propane retail, wholesale, and service
establishments,
d. Irrigation companies,
e. Produce and LIVESTOCK auctions,
f. Produce wholesalers,
g. Elevator storage and cold storage warehouses,
h. Farmers markets, and
i. Trucking companies principally engaged in the hauling of agricultural products such as crops,
LIVESTOCK, DAIRY products, etc.
j. AGRICULTURAL PROCESSING.
23-3-35.A. Allows for AGRICULTURAL SUPPORT AND SERVICE with a ZPAG.
The maximum number of trucks on the property is limited to 9.
23-4-1210 - Operation Standards
G. Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be allowed to be
parked on -site, unless otherwise approved by the Board of County Commissioners.
The Brantner Ditch contact may be Dawn Jewell dmjewell@auroragov.org or found at:
https://www.dnb.com/business-directory/company-
profiles. new brantner extension ditch company.8c0e377976cf0ecf1ec510261206f4d5.html
Please verify this information and include it in the application packet.
Contact CDOT concerning the access off of HWY 52. Tim Bilobran (970) 350-2163
timothy.bilobran@state.co.us
The site is currently in violation (ZCV22-00035) for not having the necessary land use permits before operating
a commercial business.
You may be eligible for the Small Business Incentive Program. Criteria for this program can be found here.
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Small-Business-Assistance This
Small Business Incentive Program will help defer the cost of the Impact Fees.
The site is in the Colorado's Enterprise Zone (EZ). The EZ program provides state income tax credits to
encourage businesses to locate/expand in designated economically distressed areas of the state. The Weld
County EZ program is administered by Upstate Colorado Economic Development.
https://upstatecolorado.org/wp-content/uploads/2016/02/Weld-EZ-Credit-Detail.pdf
Map: https://u pstatecolorado.org/wp-content/uploads/2017/12/WeldEZMap2016.pdf
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Development Review Information website (for traffic and drainage)
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review
Impact Fees
Additional fees may be included with the Building Permit such as Road Impact, County Facilities and Drainage
fees. https://www.weldgov.com/files/sharedassets/public/departments/planning-and-zoning/documents/impact-
fees-for-website. pdf
Land Use Applications and Guides (applications and fees):
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Land-Use-Applications-and-Guides
Staff contact
https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Contact-Us
Examples:
Visit the following website to look up other applications on-line:
https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx
Then:
• Click on "Planning" tab on the menu bar
• Under General Search, type the case number i.e. ZPAG20-0031, into the Record Number box and
search
• Click on the "Record Info" arrow drop -down menu
• Click on "Attachments" to review the application materials
ZPAG Process:
Submit 1 packet for a completeness review as a pdf via email or on a USB. A completeness review meeting will
be scheduled. Upon submittal of a complete application it will be sent out to the referral agencies for a 28 -day
review period. ZPAG applications do not include any public hearings. The application is reviewed by staff and
referral agencies. We will meet to discuss the referrals if needed. The application fee is $1,000.00 and the
turnaround time is 60 days.
https://www.welddov.com/files/sharedassets/public/departments/planning-and-zoning/documents/land-use-
appl ications/zpag. pdf
If you have any questions please call the Planner on Call available Monday through Friday 7:30 a.m. to 4:30
p.m. or contact me at 970-400-3524 or daungst@weldgov.com
Regards,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
0: 970-400-6100
Fax:970-304-6498
daungst@weldgov.com
www. weldgov. corn
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