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HomeMy WebLinkAbout20251410.tiffResolution Grant Zoning Permit, ZPAG25-0002, 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 — Reid and Samantha Lohr Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board of County Commissioners of Weld County, Colorado, on the 28th day of May, 2025, considered the request of Reid and Samantha Lohr, 31510 County Road 61, Gill, Colorado 80624, for a Zoning Permit, ZPAG25-0002, 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, on a parcel of land being more particularly described as follows: Lot B of Recorded Exemption, RECX19-0041; being part of the NW1/4 of Section 30, Township 6 North, Range 63 West of the 6th P.M., Weld County, Colorado Whereas, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the unfavorable recommendation of the Weld County Department of Planning Services, and all of the exhibits and evidence presented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-4-1220 of the Weld County Code. 2. It is the opinion of the Board that the applicant has shown compliance with Section 23-4-1200 of the Weld County Code as follows: A. Section 23-4-1200.A.1 — The subject property is a legal lot. The subject Zoning Permit will be located on an approximate 3.21 -acre lot that was created, per Recorded Exemption, RECX19-0041, recorded on August 2, 2019, at Reception number 4511259. 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. 1) 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. c c : pL CflE/MN/DA/Kw /KR), cik04 ;, A SR(SG), AM., APPL. REP. 06/27/25 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 2 2) Section 23-4-1205.B — Adequate sewer service is available to the site to serve the uses permitted. Per the Department of Public Health and Environment referral dated February 3, 2025, the property is served by Well Permit #313276 and an On -site Wastewater Treatment System permitted for three (3) bedrooms (SP -1900428). Portable toilets may be used for drivers or employees that are onsite for less than two (2) consecutive hours per day. 3) Section 23-4-1205.C — If soil conditions on the site are such that they present moderate or severe limitations to the construction of structures or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated. The applicant is not proposing to construct any additional buildings. There is a 3,840 -square -foot shop onsite that will need to be re -permitted if used for the commercial business. If there are any soil conditions that present moderate or severe limitations to the construction of this structure it will be mitigated at the time of design. 4) Section 23-4-1205.D — Adequate fire protection measures are available on the site for the structures and facilities permitted. Galeton Fire Protection District conducted a site visit where the following information was established, as required: secondary egress, flammable liquids storage cabinet (lube paint cleaners etc.), exit signs, welding and cutting area management, labelling fuel tank, no sleeping, no public sales. The Galeton Fire Protection District stated, in their referral dated February 6, 2025, that they have no concerns as the above listed items have been addressed. 5) Section 23-4-1205.E — Uses shall comply with the stormwater drainage criteria requirements set forth in the Weld County Code. According to the Development Review referral comments dated February 12, 2025, the applicant has submitted a preliminary Drainage Report requesting that the site meets a stormwater detention exception. An acceptable Final Drainage Report shall be submitted that includes stormwater detention or an approvable detention exception. Water quality structure will be required regardless of it the site meets a detention exception or not. The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. 6) Section 23-4-1205.F — All parking and vehicle storage shall be provided on the site. Parking and loading areas shall be designed and constructed in accordance with Division 1 of Article IV of Chapter 23. There is adequate parking for the uses proposed on the 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 3 site. According to the application materials, there is 12 employee parking spaces onsite, as well as 12 parking spaces for semitrucks with trailers. 7) Section 23-4-1205.H — The access shall be located and designed to be safe. Ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For Uses generating high traffic volumes and a high number of large, slow -accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. The Development Review referral comments, dated February 12, 2025, stated the traffic narrative, submitted with the application materials, indicated 24 truck roundtrips and 24 passenger vehicle roundtrips, per day, during the a.m. and p.m. peak hours. It is anticipated that 65% of the traffic will travel north on County Road (CR) 61 and 35°/0 will travel south on CR 61. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. 8) Section 23-4-1205.1— New accesses to public rights -of -way shall be constructed in accordance with the Weld County Code. The Development Review referral comments, dated February 12, 2025, stated the parcel has an existing access onto CR 61 (AP19-00589). The current Access Permit shall be re -permitted to meet commercial standards. 9) Section 23-4-1205.J — Buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses. Buffering or screening may be accomplished through a combination of berming, landscaping, and fencing. The applicant is not proposing any screening and/or landscaping from adjacent properties. A Landscaping and/or Screening Plan is deemed not required to screen the parking area from the adjacent properties and the public right-of-way because the proposed use is already compatible with the existing uses of the immediate area. 10) Section 23-4-1205.K — Uses shall be located on the least prime soils on the Lot, unless the applicant can demonstrate why such a location would be impractical or infeasible. The site is located on Fort Collins Loam (0 to 3%) low slopes, classified as "Prime farmland if irrigated," per the Natural Resources Conservation Service. The proposed project will not take any Prime (Irrigated) Farmland out of production. 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 4 11) Section 23-4-1205.M — Trash collection areas or facilities shall be screened from public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. Trash will be covered, confined in dumpsters, and will be collected as needed by a trash removal company. C. Section 23-4-1200.A.3 — The proposed use is compatible with applicable provisions of Chapter 22 of this Code. 1) Section 22-2-10.A — Respecting Our Agricultural Heritage. Weld County has an agricultural heritage built upon the hard work of pioneers and farmers on traditional family farms. Weld County is now one (1) of the most economically productive agricultural counties in the nation. The Weld County Right to Farm Statement and the Goals and Objectives in this Plan support the importance of agriculture in the County. The applicant's proposal is an agricultural -based business in which the drivers will be transporting commodities to and from local dairies and feedyards. This type of business promotes the agricultural heritage Weld County is built upon. 2) Section 22-2-10.B. — Respecting Private Property Rights. One of the basic principles upon which the United States was founded is the right of citizens to own and utilize property so long as that use complies with local regulations and does not interfere with or infringe upon the rights of others. The applicant is proposing to utilize the property for an Agricultural Support and Service trucking company, that specializes in hauling commodities to local dairies and feedyards, and a single-family home. This Zoning Permit would allow the applicant to park their vehicles, as well as conduct vehicle inspections, paperwork and general maintenance. 3) Section 22-2-10.C — Promoting Economic Growth and Stability. Land use policies have a significant impact on economic conditions in the County and should be structured to encourage economic prosperity. To ensure the continued strength of Weld County's economy, land use processes and decisions based on this plan shall be consistent and promote fiscally responsible growth. The proposed agricultural support and service business is providing stable jobs for 14 employees, which encourages economic prosperity. 4) Section 22-2-30.A.1 — Land use changes should not inhibit agricultural production nor operations. Since the proposed use is 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 5 generally agricultural in nature it will not inhibit agricultural production or operations. D. Section 23-4-1200.A.4 — The proposed use is compatible with the character of the neighborhood. The Weld County Code allows Agricultural Support and Service facilities in the A (Agricultural) Zone District, per Section 23-3-35.A. Per Section 23-1-90 of the Weld County Code, Agricultural Support and Service is defined as: "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." The site will be utilized for a trucking company that is principally engaged in the hauling of agricultural commodities to local dairies and feedyards. The surrounding properties are a mix of residences and agricultural lands. There is one (1) Use by Special Review (USR) permit within one (1) mile of the subject property for a Solar Energy Facility (USR24-0001). The Weld County Department of Planning Services sent notice to six (6) surrounding property owners (SPOs) within 500 feet of the proposed ZPAG boundary. The Department of Planning Services did not receive any written or telephone correspondence regarding the subject property. The design of the facility, the Conditions of Approval and the Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. E. Section 23-4-1200.A.5 — The proposed use is compatible with the general health, safety and welfare of the inhabitants of the area and the County. The Weld County Department of Planning Services sent notice to six (6) SPOs within 500 feet of the proposed Zoning Permit boundary. No written or telephone correspondence was received. F. Section 23-4-1200.A.6 — The application complies with any requirements the Director of the Department of Planning Services deems necessary in order to mitigate adverse effects of the use on the neighborhood. The Board finds this section is not relevant due to the case being heard by the Board. G. 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. Per Weld County Department of Planning Services — Development Review referral comments, dated February 12, 2025; the parcel has one (1) existing permitted residential access point (AP19-00589) onto CR 61. This access shall be upgraded and re -permitted to meet the commercial standards as required by Code. 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 6 3. The proposed request is in compliance with Operation Standards requirements of Section 23-4-1210 of the Weld County Code. Pertinent processing information includes: A. 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, unless otherwise approved by the Board of County Commissioners. As stated in the application materials, the Agricultural Support and Service Facility shop proposed 14 commercial vehicles to be parked on site at any given time, which the Board deems acceptable. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of Reid and Samantha Lohr for a Zoning Permit, ZPAG25-0002, 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, on the above described parcel of land, which was found to be in compliance with Chapter 23, Article IV, Division 17, of the Weld County Code, be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. The applicant shall submit a Lighting Plan to be reviewed and accepted by the Department of Planning Services. B. The applicant shall submit a Change of Use Building Permit for any existing building that is associated with the commercial business. C. A Drainage Narrative prepared by a Professional Engineer, registered in the State of Colorado, requesting for consideration Exception 8, of Section 8- 11-45.B., of the Weld County Code, and which contains a water quality device design meeting Section 8-11-120, of the Weld County Code, is required. D. A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. E. The Zoning Permit Plan shall be amended to delineate the following: 1) All sheets of the plan shall be labeled: ZPAG25-0002. 2) The attached Development Standards. 3) The applicant shall show and label the existing and proposed outdoor storage areas. 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 7 4) The applicant shall show and label 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. 5) The applicant shall show and label existing and proposed access. Access shall comply with the requirements of the Weld County Code. 6) The applicant shall show and label existing and proposed parking areas, including surface material, number, and dimensions of spaces and drive aisles. Parking shall comply with Chapter 23, Article IV, Division 1, as applicable. 7) The applicant shall show and label existing and proposed landscaping and screening. Buffering and/or screening may be required to mitigate the effects of the Zoning Permit on adjacent properties. Buffering and/or screening may be accomplished through a combination of berming, landscaping and fencing. 8) The applicant shall show and label existing and proposed signage. All signage shall comply with Chapter 23, Article IV, Division 2, as applicable. 9) County Road 61 is a gravel road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 10) The applicant shall show and label the existing permitted access location onto CR 61. Include the appropriate access width, and the appropriate turning radii on the site plan. 11) The applicant shall show and label the approved tracking control on the site plan. 12) The applicant shall show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Water Quality, No -Build or Storage Area" and shall include the calculated water quality capture volume. Show and label the drainage flow arrows. 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 8 13) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 14) The applicant shall show and label the employee parking spaces with wheel stops on the map. Identify parking areas for the company trucks, trailers and equipment. 15) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 16) The Zoning Permit Plan shall bear the certifications, per Section 23-4-1220.C.7 of the Weld County Code. 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 90 days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within 90 days of approval, the Director of the Department of Planning Services may refer the application to the Board of County Commissioners, who 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 the Department of Planning Services may grant a one-time extension of up to 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 the Department of Planning Services. 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. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date the Board Resolution was signed, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 5. 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 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 9 shall not occur, nor shall any Building or Electrical Permits be issued on the property, until the Zoning Permit for Certain Uses in the A (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. Zoning Permit Development Standards Reid and Samantha Lohr ZPAG25-0002 1 Zoning Permit, ZPAG25-0002, is for Certain Uses Agricultural Support and Service (trucking company) 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 are 5:00 a.m. to 6:00 p.m., Monday — Sunday, with parking and equipment storage onsite 24 hours a day, seven (7) days a week. 4. There will be two (2) full-time employees onsite, as stated in the application materials. 5. There will be ten (10) full-time drivers, as stated in the application materials. 6. The number of on -site commercial vehicles shall be no more than 14. 7. The parking area on the site shall be maintained. 8. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 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, Articles I and II, of the Weld County Code. 11. Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 10 12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 13. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall require an approved Right -of -Way Use Permit, prior to commencement. 14. The property owner shall comply with all requirements provided in the executed Road Maintenance Agreement. 15. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 16. Weld County is not responsible for the maintenance of on -site drainage related features. 17. The historical flow patterns and runoff amounts on the site will be maintained. 18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 19. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 20. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld County Code. 21. 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. 22. Adequate drinking, hand washing, and toilet facilities shall be provided for employees, at all times. For employees or clients on site for less than two (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. 23. Any On -site Wastewater Treatment System (OWTS) located on the property must comply with all provisions of the Weld County Code pertaining to OWTS. 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 11 24. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations, as applicable. 25. A current Professional Engineer (PE) certified and signed copy Spill Prevention, Control, and Countermeasure Plan shall be available onsite, as applicable. 26. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 27. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended. 28. Building Permits may be required for any new construction, set up of manufactured structures, or change of use of existing buildings, 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 have been adopted by Weld County: 2018 International Codes, 2018 International Energy Conservation Code, 2023 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, or an Open Hole Inspection shall be required. A Building Permit must be issued prior to the start of construction. 29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. 30. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 31. 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. 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 12 33. The property owner, operator or successor shall be responsible for acknowledging, and complying with, Section 23-4-1240 of the Weld County Code. 34. Construction or use pursuant to issuance of a Zoning Permit shall be commenced within three (3) years from the date of approval of the permit. A one-time extension of 120 days may be granted by the Department of Planning Services for good cause shown by written request. 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 the Department of Planning Services. If the Board of County Commissioners denies the extension or if construction has not commenced by the date specified by the Board, the Zoning Permit approval shall be voided, and the application denied. 35. Any Zoning Permit may be revoked by the Board of County Commissioners for violation of any of the terms of this Division 17 or Conditions of Approval of the Zoning Permit following a Probable Cause Hearing, as outlined in Section 2-4-40 of the Weld County Code. If the Zoning Permit is revoked, the property owner shall cease operation of the use immediately. Continued operation of the use after a Zoning Permit has been revoked shall be a violation of this Code. 36. The Director of the Department of Planning Services may revoke a Zoning Permit if the use is discontinued for a period of three (3) consecutive years. Should the Department of Planning Services observe or receive credible evidence of such a discontinuance, the Department shall notify the property owner by first-class mail. If the property owner objects to the revocation of the Zoning Permit within 30 days, the Director of the Department of Planning Services may schedule a public hearing before the Board of County Commissioners for its review and decision. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. 37. The Department of Planning Services may permit minor amendments to an approved Zoning Permit without a complete application for a new Zoning Permit, notification to SPOs, or referral to agencies. The applicant shall provide a written summary of the proposed amendment(s) and any other documentation required by the Department of Planning Services. An increase of ten (10) percent or more in impervious surface area or an increase of ten (10) percent or more in traffic shall not be considered a minor amendment. If the Director of the Department of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a new Zoning Permit. 2025-1410 PL2957 Zoning Permit, ZPAG25-0002 — Reid and Samantha Lohr Page 13 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 28th day of May, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-1410 PL2957 Hello