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HomeMy WebLinkAbout20251421.tiffHearing Certification Docket No. 2025-28 Board of County Commissioners Weld County, Colorado 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 — Reid and Samantha Lohr A public hearing was conducted on May 28, 2025, at 10:00 a.m., with the following present: Commissioner Perry L. Buck, Chair Commissioner Scott K. James, Pro-Tem Commissioner Jason S. Maxey Commissioner Lynette Peppier Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jan Warwick Deputy County Attorney, Karin McDougal Department of Planning Services Representative, Molly Wright Development Review Representative, Mike McRoberts The following business was transacted: El I hereby certify that pursuant to a Notice dated May 14, 2025, and duly published May 16, 2025, in the Greeley Tribune, a public hearing was conducted to consider 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. Karin McDougal, Deputy County Attorney, made this a matter of record. IE Molly Wright, Department of Planning Services, presented a brief summary of the proposal to be known as L & P Commodities, which has 14 commercial vehicles, thus, staff recommended denial based on Weld County Code Section 23-4-1210.G, which states the Zoning Permit for Certain Uses in the A (Agricultural) Zone District is limited to nine (9) commercial vehicles, unless otherwise approved by the Board of County Commissioners. She stated the application states there is no more than 12 trucks onsite, per day, and there is an existing 1,718 -square -foot residence, and a 3,840 -square -foot shop. She explained, if approved, the existing shop will require a change of use to be used for the commercial business. She relayed there are 14 employees who visit the site daily; including 12 semi -truck drivers, and two (2) onsite employees, one (1) of which is the manager of the business and the property owner, and the other is a commercial cc : PL(DE/mw/DA/M,,J/KR) c6 /27/25 2025-1421 PL2957 Hearing Certification (ZPAG25-0002) — Reid and Samantha Lohr Page 2 vehicle maintenance worker. She explained the hours of operation and stated on -site parking and storage is proposed 24 hours per day, seven (7) days per week. Ms. Wright relayed, per the Department of Environmental Health, the property is served by a well permit and an On -site Wastewater Treatment System, rated for three (3) bedrooms, and portable toilets are acceptable, in accordance with the Environmental Health policy for employees onsite less than two (2) consecutive hours per day. She described the sign posting, stated Notice was sent to six (6) surrounding property owners (SPOs), and reported one letter was received stating no concerns, and no other correspondence was received. Ms. Wright displayed images of the site and surrounding views, and explained all adjacent lands are zoned A (Agricultural). Ei Mike McRoberts, Department of Planning Services — Development Review, stated access is onto County Road (CR) 61, which is a local gravel road. He explained the submitted traffic information indicates there will be eight (8) to 12 passenger vehicle round trips, per day, and 14 semi -truck roundtrips, per day. He explained the directional traffic and stated a Road Maintenance Agreement, for dust control and damage repair to specified haul routes, is required. He also stated a Grading Permit is required if more than one (1) acre of land is disturbed, as well as a revised Drainage Narrative prepared by a Professional Engineer, licensed in the state of Colorado. Ei In response to Commissioner Maxey, Ms. Wright reiterated staff's recommendation of denial is subject to Section 23-4-1210.G of the Weld County Code, "due to the number of vehicles, unless otherwise approved by the County Commissioners", which is why this matter is being presented to the Board for a determination. Hannah Dutrow, AGPROfessionals, represented the applicant, and in response to Chair Buck, indicated they had not had contact with any of the Commissioners regarding this case. Ms. Dutrow narrated a Power Point presentation (Exhibit B) and stated the formal request of up to 14 vehicles. She explained no screening is currently proposed, the shop will be used for storage of supplies and vehicles, parking will be 24/7, and she reiterated the hours of operation. In response to Commissioner Maxey, Ms. Dutrow confirmed there is no storage of commodities on the site. She agreed the hours of operation could be extended beyond 4:00 p.m., since there may be incidental trucks that may arrive later. She confirmed they received no SPO concerns or opposition, and explained this application was triggered by a violation, which has been corrected. No public testimony was offered concerning this matter. a Ms. Dutrow suggested the Landscape and Screening Plan referenced in Condition of Approval (COA) #1.A be stricken. Mr. McRoberts requested COA #1.D be amended to read, "A Drainage Narrative prepared by a Professional Engineer registered in the State 2025-1421 PL2957 Hearing Certification (ZPAG25-0002) — Reid and Samantha Lohr Page 3 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." There was discussion among the Board regarding staff findings, and Ms. McDougal recommended adding a clarifying statement for the criteria that do not apply. The Board discussed the remainder of the Conditions of Approval and Development Standards, and Commissioner Maxey suggested extending the hours of operation to 6:00 p.m. In response to Ms. Wright, the Board confirmed no landscaping or screening is required anywhere on the site. Ms. Dutrow requested striking of DS #10 (landscaping and screening), and the Board agreed to all the aforementioned changes. No public testimony was offered regarding changes made to the Conditions of Approval and Development Standards. El Commissioner Ross asked how conformity will be achieved without screening, since the number of vehicles will be over the limit, and Commissioner James stated approval of the permit will provide conformity as granted by the Board. le Commissioner Maxey moved to approve 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, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 10:28 a.m. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Hearing Certification, on motion duly made and seconded, by the following vote on the 11th day of June, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Attest: Esther E. Gesick, Clerk to the Board 2025-1421 PL2957 ATTENDANCE LIST S- a8 -a5 to : oo . NAME - PLEASE PRINT LEE.SLY ADDRESS (CITY, STATE. ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? So 3v, Lalrtr 3k51 D C(2- la 1 G.�\I, Co 0loa,1 S5-A-vi--Lry,14 e. .:),A .cD„Y, Weld k) lei,] Lc) L,--- 3 LC/6 eE.C( G,'//, ea sa-y i toi,,,4)/�ed,rr.,&)('‘i es. we O IA) F-4- Rr 'HD In (23 7Y I c.JA,Le ci 1..ie,`c� tn�.,44. n t�1�� ,1. , laaw /� A/ 4.444.0.— 1 1 '^4 `10 A •C4 ,�,:f 4, go6sy Jy,,,4 IV (5...,f),-i ,1�/yh 4arsert._ 33ow c R 6/.3-- &ACa yee,ay /anew 4�c mri:/.e..,,,n_ Ideld /V' -Ffan►a h -bUd-rn u 5050 La Ala- 6 nee Lai CD g(ta N. Ildwirta@ a prr-. 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