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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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