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Home My WebLink About20260630 Resolution Approve Acceptance of Request to Withdraw Application for Use by Special Review Permit, USR17-0029, for a Home Business (parking and staging of trucks, trailers and equipment for a landscape business) in the A (Agricultural) Zone District, and Rescind Resolution #2017-2946, Dated August 6, 2017 — City of Greeley 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 the 6th day of September, 2017, the Board approved the application of Lowell Three, LLC, 407 Russell Avenue, #608, Gaithersburg, Maryland 20877, c/o Bert Garcia, Pro Lawn Landscaping, LLC, 5212 West F Street, Greeley, Colorado 80631, for Use by Special Review Permit, USR17-0029, for a Home Business (parking and staging of trucks, trailers and equipment for a landscape business) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SW1/4 SE1/4 of Section 34, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas, on November 8, 2021, the abovementioned property was sold to the City of Greeley, Water Enterprise, 1001 11th Avenue, 2nd Floor, Greeley, Colorado 80631 , recorded under Reception No. 4774258, of the Weld County Clerk and Recorder, and Whereas, the Board was presented with an email, received on February 25, 2026, from Michael Franke, representative for the City of Greeley, requesting the withdrawal of the application, stating they do not have interest in retaining USR17-0029, for establishment of use, and Whereas, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter, and having been fully informed, deems it advisable to accept said request and rescind Resolution #2017-2946, dated August 6, 2017. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of the City of Greeley, to withdraw the application for Use by Special Review Permit, USR17-0029, for a Home Business (parking and staging of trucks, trailers and equipment for a landscape business) in the A (Agricultural) Zone District, on the parcel of land described above hereby is accepted, and Resolution #2017-2946, dated August 6, 2017, hereby is rescinded. 2026-0630 PL2489 Withdraw Application for Use by Special Review Permit, USR17-0029, and Rescind Resolution #2017-2946, Dated August 6, 2017 — City of Greeley Page 2 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 18th day of March, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0630 PL2489 ILVELff DEPARTMENT OF PLANNING SERVICES MEMORANDUM COUNTY,CO To: Board of County Commissioners Hearing Date: March 18, 2026 From: Diana Aungst, Principal Planner Subject: Consider rescission of conditionally approved permit USR17-0029 Case Number: USR17-0029 Original Owner: Lowell Three LLC c/o Marilyn Bunn Current Owner: City of Greeley c/o Michael Franke Address: 5212 W. F Street, Greeley, CO. 80631 Request: A Site Specific Development Plan and Use by Special Review Permit for a Home Business (parking and staging of trucks, trailers and equipment for a landscape business) in the A (Agricultural) Zone District. Legal Part SW4SE4 of Section 34, T6N, R66W of the 6th PM, Weld County, Colorado Description: Location: Located approximately 2,600 feet east of 59th Avenue and approximately 120 feet south and east of F Street. Size of Parcel: +/- 18.12 acres Parcel No. 0805-34-4-00-009 Summary: The purpose of this memorandum and hearing is to seek direction from the Board of County Commissioners regarding the conditionally approved but not perfected Use by Special Review permit USR17-0029. This USR was approved by the Board of County Commissioners on August 6, 2017, for a Home Business for a landscape business, in the A(Agricultural) Zone District. A final USR map has not been recorded. The property was conveyed to the City of Greeley in 2021. Staff reached out to the City on February 22, 2026, and Mr. Michael Franke, an employee of the City, responded with an email dated February 25, 2026 indicating that they wish to withdraw this USR. Staff made a site visit and confirmed there is no commercial operation on the stie. Based on the correspondence received from the owner the Department of Planning Staff recommends that the Board of County Commissioners rescind Use by Special Review Permit No. USR17-0029. 2026-0630 Request to Rescind USR17-0029 I City of Greeley 03/ I g Page 1 of 1 Pt- 9 Diana Aungst From: Michael Franke <Michael.Franke@Greeleygov.com> Sent: Wednesday, February 25, 2026 12:01 PM To: Diana Aungst Cc: Tina Close; Darrell Gesick Subject: RE: USR17-0029 status - reply required This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Diana, We did some research into the USR17-0029 case and can confirm the use was never established.The City does not have interest in processing the USR case for establishment of use.The County can proceed with taking the case to BOCC for revocation. City Water/Sewer department is currently working on annexing this property into the City and establishing holding- agriculture zoning on this particular parcel. Thank you! Best, City of V G reele Y Michael Franke,AICP Planner Ill Community Development I Planning and Zoning 1100 10th Street, 2nd Floor Greeley, CO 80631 P: (970) 350-9782 I E: michael.franke@greeleygov.com Web: https://greeleyCO.gov/ From:Jim Paulson<Jim.Paulson@Greeleygov.com> Sent:Wednesday, February 25, 2026 11:23 AM To: Michael Franke<Michael.Franke@Greeleygov.com> Cc: Derek Hannon<Derek.Hannon@Greeleygov.com>;Tina Close<Tina.Close@Greeleygov.com>; Darrell Gesick <Darrell.Gesick@Greeleygov.com> Subject: Re: USR17-0029 status-reply required Hi Michael, There may have been someone wanting to establish a business back then but the property is currently vacant and we don't have a desire to pursue or restrict any special use designation on the parcel. We'd prefer as clean a zoning as possible for potential sale of the parcel once its subdivided. Thanks, Jim k---- (:in of reeley Jim Paulson, P.E. Civil Engineer IV—Special Projects Water and Sewer 1001 11th Avenue, 2nd Floor Greeley, CO 80631 C: 970-590-5338 I jim.paulson@greeleygov.com P: 970-350-9814 F: 970-350-9805 I www.GreeleyCO.gov From: Michael Franke<Michael.Franke@Greeleygov.com> Sent:Tuesday, February 24, 2026 5:36 PM To:Jim Paulson <Jim.Paulson@Greeleygov.com> Cc: Derek Hannon<Derek.Hannon@Greeleygov.com>;Tina Close<Tina.Close@Greeleygov.com>; Darrell Gesick <Darrell.Gesick@Greeleygov.com> Subject: FW: USR17-0029 status-reply required Hey Jim, Somewhat of an odd question for you,do you know if there was ever a use established on the southeastern parcel (080534400009)of the annexation area?Please see email chain below and attached email from Weld County. I believe it was for a landscaping business of some kind.With the upcoming annexation processing,we want to ensure this use was not established. Derek,just wanted to include you in case you have any information on County related projects from 2017 given the city infrastructure present in the area. Thanks for the assistance. Let me know if you have any questions. Best, Gof V Greeley Michael Franke,AICP Planner III 2 Community Development I Planning and Zoning 1100 10th Street, 2nd Floor Greeley, CO 80631 P: (970) 350-9782 I E: michael.franke@greeleygov.com Web: https://greeleyCO.gov/ From: Darrell Gesick<Darrell.Gesick@Greeleygov.com> Sent:Tuesday, February 24, 2026 3:14 PM To: Michael Franke<Michael.Franke@Greeleygov.com>;Tina Close<Tina.Close@Greeleygov.com> Subject: FW: USR17-0029 status- reply required See email chain below. Looks like a use was approved by the County for one of the properties on the West Lowell Annexation. Can you confirm that the use never got established (make sure with water and sewer). Once we know that info, can one of you (or I can as well) respond to Diana Aungst to let her know. If you do respond, please copy me and Don on the response. Thanks. Greeley Darrell Gesick Planning Supervisor-Development Review/Current Planning Community Development I Planning Division 1 100 10th Street Greeley, CO 80631 P: 970.350.9822 I darrell.gesick@greele_ygov,com GreeleyCo.gov From: Don Threewitt<Don.Threewitt@Greeleygov.com> Sent: Sunday, February 22, 2026 8:09 PM To: Darrell Gesick<Darrell.Gesick@Greeleygov.com> Subject: Fw: USR17-0029 status- reply required Darrell, Could you have someone look into this and respond? Get Outlook for iOS From: Diana Aungst<daungst@weld.gov> Sent: Sunday, February 22, 2026 6:17:28 PM To: Don Threewitt<Don.Threewitt@Greeleygov.com> Subject: USR17-0029 status - reply required Hi Don: 3 We are cleaning up our older cases and this site has a pending USR from 2017. If the City is not interested in pursuing the recordation of the USR please reply to this email to confirm and the County will take this to the BOCC for revocation. Thanks, WEILE COUNTY,CO Diana Aungst,AICP I CFM Principal Planner Department of Planning Services Desk:970-400-3524 P.O. Box 758, 1402 N. 17th Avenue,Greeley,CO 80632 0 ® O ®O Join Our Team-- IMPORTANT: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 4774258 11/08/2021 04.39 PM Total Pages. 7 Rec Fee: $43.00 Exempt from State Documentary Fee Carly Koppes-Clerk and Recorder. Weld County CO C.R.S.§39-13-104(a) SPECIAL WARRANTY DEED (Land) ri This SPECIAL WARRANTY DEED is made this day ofr'2021 by LOWELL THREE LLC, a Colorado limited liability company (as to an undivided five-sixths (5/6) interest) and LOWELL FOUR LLC,a Colorado limited liability company(as to an undivided one-sixth(1/6)interest) (collectively"Grantors"),to THE CITY OF GREELEY,COLORADO,a Colorado home rule municipal corporation acting by and through its Water Enterprise, whose address is 1001 11d•Avenue, 2°d Floor, Greeley,Colorado 80631 ("Grantee"). WITNESSETH,that Grantors,for the sum of Ten Dollars($10.00)and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,have granted,bargained,sold and conveyed,and by these presents do hereby grant,bargain,sell,convey,and confirm unto the Grantee, its successors and assigns forever,the real property identified in Exhibit A attached hereto and incorporated herein by this reference("Property"),located in the County of Weld,State of Colorado.The Property does not include any interests in oil,gas,hydrocarbons,or other mineral interests of any kind.The mineral estate reserved does not include surface access or the right to mine sand,gravel,or other aggregate material. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the Grantors,either in law or equity,of,in and to the Property,with the hereditaments and appurtenances,but subject to the Statutory Exceptions identified in Exhibit B. Without limiting any of the foregoing, this conveyance specifically includes the exempt domestic water well that serves the Property(DWR Permit No.219836). TO HAVE AND TO HOLD the Property with the appurtenances,unto the Grantee,its successors and assigns,forever.The Grantors,for their selves,successors and assigns,do covenant and agree that they shall and will warrant and forever defend the Property in the quiet and peaceable possession of the Grantee, its successors and assigns,against all and every person or persons claiming the whole or any part thereof, by,through,or under the Grantors. IN WITNESS WHEREOF,the Grantors have executed and delivered this Special Warranty Deed as of the day and year first set forth above. LOWELL LLC LOWELL FO,' LC Y By: G /�/ By: rr-— C� David L.Bunn,Managing Member David L.Bunn,Managing Member YI STATE OF IIry ft/Ark ss. COUNTY OF L I aiu & / // Acknowledged bef. e me this A6 day of iff401(/197— 2021,by David L. Bonn as Managing Member and authorized representative of LOWELL THREE LLC and LOWELL FOUR LLC. Notary Public Cut>a>�91on nxptres: ,�J .Dgig My MICHELLE SOFON NOTARY PUBLIC MONTGOMERYCOUNTY lye MARYLAND a6' �� MY COMMISSION EXPIRES JUNE 12,2022 4774258 11/08/2021 04:39 PM Page 2 of 7 EXHIBIT A TO SPECIAL WARRANTY DEED (Land) Parcel C: All that part of the West half(WA)of the Southeast Quarter(S W/)of Section Thirty-Four(34),in Township Six(6) North,of Range Sixty-six(66)West of the 6`s P.M.,County of Weld,State of Colorado,described as follows: Beginning at the East Quarter Quarter Corner on the South side of said Section Thirty-four(34),thence by true bearings(variation 15°00'East)as follows:North along the Quarter Quarter line 1020 feet;thence West 40 feet;thence North 676 feet to a point 30 feet South of the center line of the Boyd Ditch;thence South 77°53'West 408.5 feet; thence South 79°55'West 576.5 feet;thence South 10°2T East 553 feet;thence South 31°15'West 405 feet,thence South 89°42'West 170 feet;thence South 568 feet to the Quarter Corner on the South side of said Section Thirty-four (34);thence East along the South line of said Section Thirty-four(34)1320 feet to the point of beginning. Parcel D: All that part of the East half(E'/z)of the Southwest Quarter(S W Y)and of the West half(W'h)of the Southeast Quarter (SE'/.)of Section Thirty-four(34),in Township Six(6)North,of Range Sixty-six(66)West of the 6`h P.M.County of Weld,State of Colorado,described as follows: Beginning at the West Quarter Quarter Corner on the South side of said Section Thirty-four(34);thence by true bearings(variation 15°East)North along the Quarter Quarter line 1023 feet to the center of the Cache la Poudre River: thence South 74°40'East 280 feet;thence South 85°38'East 175 feet;thence North 74°38'East 272 feet;thence South 70 feet to a point on the South bank of the Cache la Poudre River in the center of the wasteway of the No.3 Canal; thence North 74°38'East 116 feet;thence North 66°40'East 186 feet;thence North 49°07'East 71.3 feet;thence North 39°36'East 94.5 feet;thence North 45°28'East 101 feet;thence North 55°10'East 246 feet;thence North 60°34'East 131 feet;thence North 78°00'East 118 feet;thence South 10°27'East 553 feet;thence South 31°15 West 405 feet; thence South 89°42'West 170 feet;thence South 568 feet to the Quarter corner on the South side of said Section Thirty-four(34);thence West along the South line of said Section Thirty-four(34),1320 feet to the point of beginning, Excepting from Parcels C and D: That parcel which has been conveyed by deed and recorded August 26,1971 at Reception No. 1574082,and except that parcel conveyed by deed recorded August 11,1970 at Reception No.1552883,Weld County Records.And except right of way for F Street. Parcels C and D being more particularly described as follows: A parcel of land being situate in the Southeast Quarter of the Southwest Quarter(SE1/4SW I/4)and the West Half of the Southeast Quarter(W1/2SE1/4)of Section Thirty-Four(34),Township Six North(T.6N.),Range Sixty-six West (R.66W.)of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado,more particularly described as follows: BEGINNING at the South Quarter Corner of said Section 34,as monumented by a#6 Rebar with a 2.5"Aluminum Cap stamped LS24670 and 1993,and assuming the South line of the Southwest Quarter of said Section 34 as bearing North 89°11'2T' West a distance of 2643.49 feet,with all other bearings contained herein relative thereto:North 89°11'27"West along the South line of the Southwest Quarter of said Section 34 a distance of 850.14 feet to the Southeast Corner of that certain parcel of land described in a deed recorded May 29,1981 as Reception No.1859175 of the Records of Weld County; 4774258 11/08/2021 04:39 PM Page 3 of 7 The next Five(5)courses are along the Easterly and Southerly boundary of that certain parcel of land described in a deed recorded May 29,1981 as Reception No. 1859175 of the Records of Weld County THENCE North 00°09'15" East a distance of 630.07 feet;THENCE North 76°09'15"East a distance of 77.28 feet;THENCE South 85°20'45" East a distance of 394.65 feet;THENCE North 75°39'15"East a distance of 106.41 feet;THENCE North 00°11'04" East a distance of 402.44 feet to the Southwest corner of that parcel of land conveyed to Weld County in a Special Warranty Deed recorded January 5,2009 as Reception No,3597771 of the Records of Weld County; The next Eight(8)courses are along the Southerly boundary of said parcel of land described in said Special Warranty Deed recorded January 5,2009 as Reception No.3597771:THENCE North 39°47'04"East a distance of 132.37 feet; THENCE North 33°34'09" East a distance of 54.70 feet;THENCE North 58°13'04"East a distance of 96.81 feet; THENCE North 56°53'04"East a distance of 336.20 feet;THENCE North 76°22'04"East a distance of 109.79 feet; THENCE North 80°24'04"East a distance of 639.26 feet;THENCE North 79°11'04"East a distance of 308.90 feet; THENCE South 34°47'36"East a distance of 40.18 feet to the West line of said Parcel described in a Special Warranty Deed recorded January 5th/,2009 as Reception No.3597771;THENCE South 00°13'30"West along said West line a distance of 343.48 feet to the Northerly line of that parcel of land described in a Warranty Deed recorded September 2,1982 as Reception No.1902736 of the Records of Weld County The next Fourteen(14)courses are along the Northerly,Westerly,and Southerly boundary of said parcel of land described in said Warranty Deed recorded September 2,1982 as Reception No.1902736:THENCE South 56°02'18" West a distance of 428.14 feet;THENCE South 67°06'07"West a distance of 95.00 feet;THENCE South 75°46'07" West a distance of 95.00 feet;THENCE South 84°17'07"West a distance of 203.00 feet;THENCE South 80°24'07" West a distance of 102.00 feet;THENCE South 59°28'44"West a distance of 50.45 feet;THENCE South 33°17'55" West a distance of 206.69 feet;THENCE South 81°59'21"East a distance of 325.64 feet;THENCE South 79°10'44" East a distance of 106.30 feet;THENCE South 79°14'30"East a distance of 136.32 feet;THENCE South 65°19'09" Fact a distance of 154.87 feet;THENCE South 73°51'09"East a distance of 209.87 feet;THENCE North 85°17'08" East a distance of 58.28 feet;THENCE North 49°12'12"East a distance of 119.40 feet to the East line of the West Half of the Southeast Quarter of said Section 34;THENCE South 00°13'30"West along said East line a distance of 605.86 feet to the South line of the Southeast Quarter of said Section 34;THENCE North 89°11'21"West along the South line of the Southeast Quarter of said Section 34 a distance of 1320.39 feet to the POINT OF BEGINNING.Said parcel contains 52.26 ac,es,more or less(±). 4774258 11/08/2021 04:39 PM Page 4 of 7 EXHIBIT B TO SPECIAL WARRANTY DEED (Land) Exceptions 8. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY,RECORDED OCTOBER 14,1889 IN BOOK 86 AT PAGE 273. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 18,1873,IN BOOK 10 AT PAGE 232. (PARCELS C AND D) 10. LIQUOR RESTRICTIONS OF RECORD,WHICH CONTAIN A FORFEITURE OR REVERTER CLAUSE, WHICH PROVIDE THAT INTOXICATING LIQUORS SHALL NEVER BE MANUFACTURED, SOLD,OR OTHERWISE DISPOSED OF AS A BEVERAGE IN ANY PLACE OF PUBLIC RESORT IN OR UPON THE PREMISES OR ANY PART THEREOF,AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 18,1873 IN BOOK 10 AT PAGE 237.(PARCELS C AND D) 11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 02, 1874, IN BOOK 10 AT PAGE 377. (PARCELS Al AND A2) 12. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES,AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 01,1895 IN BOOK 57 AT PAGE 386.(PARCEL B) 13. TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 03,1907 IN BOOK 258 AT PAGE 58.(PARCEL B) 14. RIGHT OF WAY AS CONTAINED IN DEED RECORDED FEBRUARY 15,1922 IN BOOK 655 AT PAGE 355.(PARCELS C AND D) 15. TERMS,CONDITIONS AND PROVISIONS OF PRIVATE ROAD AND FENCE AGREEMENT RECORDED MARCH 28,1944 IN BOOK 1130 AT PAGE 349.(PARCELS C AND D) 16. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED APRIL 16,1952,UNDER RECEPTION NO.1128828(BK 1329 PG 44),AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCELS Al AND A2) 17. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED NOVEMBER 09,1954,UNDER RECEPTION NO.1192117(BK 1404 PG 188),AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCELS Al AND A2) 18. RIGHT OF WAY EASEMENT AS GRANTED TO AGREEMENT IN INSTRUMENT RECORDED NOVEMBER 17,1971,UNDER RECEPTION NO.1578735.(PARCELS C AND D) 19. RIGHT OF WAY EASEMENT AS GRANTED TO THE CITY OF GREELEY IN INSTRUMENT RECORDED AUGUST 01,1975,UNDER RECEPTION NO.1666202.(PARCELS Al AND A2 AND B) 4774258 11/08/2021 04:39 PM Page 5 of 7 20. OIL AND GAS LEASE RECORDED MARCH 27, 1979 UNDER RECEPTION NO. 1785537 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.A}FJJAVIT RECORDED APRIL 23,2008 UNDER RECEPTION NO.3549407.(PARCEL B) 21. RIGHT OF WAY EASEMENT AS GRANTED TO THE CITY OF GREELEY IN INSTRUMENT RECORDED FEBRUARY 17,1981,UNDER RECEPTION NO.1849785.(PARCEL B) 22. OIL AND GAS LEASE RECORDED MARCH 22,1982 UNDER RECEPTION NOS. 1886216 AND 1886217 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.DECLARATION OF POOLING RECORDED APRIL 18,2018 UNDER RECEPTION NO.4392071.(PARCELS C AND D) 23. OIL AND GAS LEASE RECORDED SEPTEMBER 13,1983 UNDER RECEPTIONNO.1940200 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.DECLARATION OF POOLING RECORDED APRIL 18,2018 UNDER RECEYI ION NO.4392071.(PARCELS C AND D) 24. RIGHT OF WAY EASEMENT AS GRANTED TO BELLWETHER EXPLORATION COMPANY IN INSTRUMENT RECORDED FEBRUARY 02, 1984, UNDER RECEPTION NO. 1955008. (PARCELS C AND D) 25. RIGHT OF WAY EASEMENT AS GRANTED TO BELLWETHER EXPLORATION COMPANY IN INSTRUMENT RECORDED FEBRUARY 02, 1984, UNDER RECEPTION NO. 1955009. (PARCEL B) 26. RIGHT OF WAY EASEMENT AS GRANTED TO SNYDER OIL CORPORATION IN INSTRUMENT RECORDED DECEMBER 27,1993,UNDER RECEPTION NO.2365678.(PARCELS C AND D) 27. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LAND SURVEY PLAT RECORDED FEBRUARY 25,1999 UNDER RECEPTION NO.2675598. 28. TERMS, CONDITIONS AND PROVISIONS OF NONEXCLUSIVE DETENTION POND OVERFLOW DRAINAGE EASEMENT RECORDED FEBRUARY 18, 2004 AT RECEPTION NO. 3154965. (PARCELS C AND D) 29. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED OCTOBER 03,2005 AT RECEPTION NO.3331523.(PARCEL B) 30. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED OCTOBER 15,2007 UNDER RECEPIION NO.3511023.(PARCELS B,C AND D) 31. RIGHT OF WAY EASEMENT AS GRANTED TO THE CITY OF GREEL;EY IN INSTRUMENT RECORDED JANUARY 05,2009,UNDER RECEPTION NO.3597771.(PARCELS C AND D) 32. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT,AS EVIDENCED BY INSTRUMENT RECORDED SEPTEMBER 29,2010,UNDER RECEPIION NO.3721790.(ALL PARCELS) 33. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED AUGUST 17, 2011, UNDER RECEPTION NO. 3786593. (PARCELS C AND D) 34. OIL AND GAS LEASE RECORDED FEBRUARY 03,2015 UNDER RECEPTION NO.4080398 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.(PARCELS Al AND A2) 35. OIL AND GAS LEASE RECORDED FEBRUARY 03,2015 UNDER RECEYI ION NO.4080401 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN.(PARCELS Al AND A2) 4774258 11/08/2021 04:39 PM Page 6 of 7 36. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED JULY 12,2016 UNDER RELEPI ION NO.4218393.(PARCELS Al AND A2) 37. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS CONVEYED IN INSTRUMENT RECORDED JULY 27,2017,UNDER RECEPTION NO.4322067,AND 4322080,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCELS Al AND A2 AND B) 38. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JULY 27, 2017, UNDER RECEPTION NO. 4322095, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCELS C AND D) 39. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JULY 28,2017,UNDER RECEPTION NO.4322159 AND 4322161,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCELS Al,A2 AND B) 40. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JULY 31, 2017, UNDER RECEPTION NO. 4322539, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.(PARCEL E) 41. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED AUGUST 02,2018 UNDER RECEPTION NO.4420477.(ALL PARCELS) 42. ANY AND ALL RIGHTS RELATING TO THE GREELEY NO 3 DITCH,WHICH TRAVERSES SUBJECT PROPERTY OR IS DESCRIBED AS A BOUNDARY OF SUBJECT PROPERTY,INCLUDING BUT NOT LIMITED TO DITCH MAINTENANCE AND ACCESS RIGHTS TO LANDS ADJOINING THE DITCH OR CANAL,AS DISCLOSED BY MAPS MAINTAINED BY THE WELD COUNTY ASSESSORS OFFICE.. 43. LACK OF ACCESS TO AND FROM PUBLIC ROAD, HIGHWAY, OR STREET. SOME PARCELS MAY LACK ACCESS OR HAVE RESTRIC rED ACCESS DUE THE LOCATION OF THE GREELEY NO.3 DITCH,IF SOLD APART FROM ALL THE PARCELS SHOWN ON THIS COMMITMENT 44. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON ALTA/NSPS LAND TITLE SURVEY CERTIFIED APRIL 19, 2021 PREPARED BY NORTHERN ENGINEERING, JOB #914-015, RECORDED JULY 13, 2021 AT RECEPTION NO.4734826 A)FENCE LINES DO NOT COINCIDE WITH PROPERTY LINES B)UTILITIES OUTSIDE OF EASEMENTS C)ENCROACHMENT OF GARDEN AREAS AND PLANTERS D)RIGHTS OF ACCESS AND USE OF DITCHES 45. EXISTING LEASES AND TENANCIES. 46. ALL MINERALS, OIL, AND GAS AND/OR MINERAL, OIL, AND GAS RIGHTS AS RESERVED IN DEED RECORDED NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER THESE STATEMENTS ARE GENERAL AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY:(A)MOUNTAIN BELL TELEPHONE COMPANY,RECORDED OCTOBER 1,1981 AT RECEPTION NO. 1870705. (B) WESTERN SLOPE GAS COMPANY, RECORDED MARCH 9, 1983 AT RECEPTION NO. 1919757. (C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 AT RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 AT RECEPTION NO. 1983584 AND RECORDED MARCH 3, 1988 AT RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 AT RECEPTION NO.2175917.(D)PANHANDLE EASTERN PIPE LINE COMPANY,RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870756 AND RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722. (E) COLORADO INTERSTATE GAS COMPANY,RECORDED AUGUST 31,1984 AT RECEPTION NO.1979784. (F)UNION RURAL ELECTRIC ASSOCIATION,INC.,RECORDED OCTOBER 5,1981 AT RECEPTION NO. 4774258 11/08/2021 04:39 PM Page 7 of 7 1871004.(G)WESTERN GAS SUPPLY COMPANY,RECORDED APRIL 2,1985 AT RECEPTION NO.2004300. (H)PUBLIC SERVICE COMPANY OF COLORADO,RECORDED NOVEMBER 9,1981 AT RECEPTION NO. 1874084.(I)ST.VRAIN SANITATION DISTRICT,RECORDED DECEMBER 14, 1988 AT RECEPTION NO. 2164975.(J)LEFT HAND WATER DISTRICT,RECORDED AUGUST 28,1990 AT RECrnION NO.2224977. (K)UNITED POWER,INC.,RECORDED JANUARY 24, 1991 AT RECEPTION NO.2239296.(L)WIGGINS TELEPHONE ASSOCIATION RECORDED OCTOBER 14,1992 AT RECEPTION NO.2306829. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0029, FOR A HOME BUSINESS (PARKING AND STAGING OF TRUCKS, TRAILERS AND EQUIPMENT FOR A LANDSCAPE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT — LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN LANDSCAPING, LLC 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 held a public hearing on the 6th day of September, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Lowell Three, LLC, 407 Russell Ave., #608, Gaithersburg, MD 20877, c/o Bert Garcia, Pro Lawn Landscaping, LLC, 5212 West F Street, Greeley, CO 80631, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0029, for a Home Business (parking and staging of trucks, trailers and equipment for a landscape business) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows Part of the SW1/4 SE1/4 of Section 34, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, 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 recommendation of the Weld County Planning Commission 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The proposed use is in an area that can support this development and the existing screening and the c Cc , PECHe), HLCLL), CTBC ca.PPC i o i i o i t 7 2017-2946 PL2489 SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN PANDSCAPING PAGE 2 Conditions of Approval and 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. Development Standards are attached limiting hours of operation and number of employees to address compatibility with the surrounding land uses and mitigate impacts. 2) Section 22-2-20.1.5 (A.Policy 9.5) states: `Applications fora change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies. Encourage applicants to communicate with those affected by the proposed land use change through the referral process."Referral agency comments have been addressed through Conditions of Approval and Development Standards limiting hours of operation and number of employees to address compatibility with the surrounding land uses and mitigate impacts. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.P of the Weld County Code allows Home Businesses as a Use by Special Review in the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right." Development Standards are attached limiting hours of operation and number of employees to address compatibility with the surrounding land uses and mitigate impacts. The business will be required to adhere to the definition of Home Business as delineated in Section 23-1-90 of the Weld County Code: An incidental use to the principal permitted use for gainful employment of the family residing on the property, where: a. Such use is conducted primarily within a dwelling unit or accessory structure and principally carried on by the family resident therein. b. Such use is clearly incidental and secondary to the principal permitted use and shall not change the character thereof. C. Section 23-2-230.B.3—The uses which will be permitted will be compatible with the existing surrounding land uses. The property is located to the west of three (3) single-family residences and north of and adjacent to an existing residential subdivision located within the boundaries of the City of Greeley. No phone calls or correspondence has been received from 2017-2946 PL2489 SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN PANDSCAPING PAGE 3 surrounding property owners in regards to this case. Development Standards are attached limiting hours of operation and number of employees to address compatibility with the surrounding land uses and mitigate impacts. D. Section 23-2-230.B.4--The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Greeley. The City of Greeley referral comments, dated June 2. 2017, recommended the site meet setback and landscaping requirements per the Weld County Code. Greeley also recommended that a sewer main easement be shown on the USR map. E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 18.12 acres delineated as "Prime if Irrigated," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. No additional structures or buildings will be located on the site. G. Section 23-2-230.B 7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Lowell Three. LLC, c/o Bert Garcia, Pro Lawn Landscaping, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0029, for a Home Business (parking and staging of trucks, trailers and equipment for a landscape business) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. All septic systems located on the property shall have the appropriate permits from the Weld County Department of Public Health and 2017-2946 PL2489 SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN PANDSCAPING PAGE 4 Environment. The Environmental Health Division was unable to locate a septic permit for the residence addressed as: 5212 West "F" Street. Any existing septic system, which is not currently permitted through the Weld County Department of Public Health and Environment, will require a Statement of Existing and an evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current On-site Wastewater Treatment System (OWTS) regulations. B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR17-0029. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) The map shall delineate the parking area for the employees. 6) Show and label a 30-foot minimum access and utility easement to provide legal access to the parcel on the site plan. The reception number for the easement shall be delineated on the map. 7) The applicant shall show the drainage flow arrows. 8) West F Street is a paved 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 9) Show and label the approved access(es) (AP17-00337), and the appropriate turning radii (60') on the site plan. 10) Show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 2017-2946 PL2489 SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN PANDSCAPING PAGE 5 11) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 2. Upon completion of Condition of Approval#1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty(120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us. 5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat 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. 2017-2946 PL2489 SPECIAL REVIEW PERMIT (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN PANDSCAPING PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of August, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COU TY, COLORAD ATTEST: dayet) V ;41 mi Q Ju ie A. Cozad, Chair Weld County Clerk to the Board BY• 0 0.. - k>0 Steve Moreno, Pro-Tem y Clerk to the Board Sean P. Conway <--9 Imo, a APPROVED AS • ,xi "A ,�� / : —NW Freeman 1 �' '•untyAttorne ;r �p�' ' ' • ~!'arbara Kirkmeyer Date of signature: IC/ l 0<( 1 2017-2946 PL2489 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN LANDSCAPING USR17-0029 1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0029, is for a Home Business(parking and staging of trucks,trailers and equipment for a landscape business) 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 number of employees shall be limited to eight (8). 4. Total vehicles associated with the business will be limited to six(6), including dump trucks, flatbed trucks, dually trucks and 4x4 trucks. 5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 6. 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. 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. 8. 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, Section 30-20-100.5, C.R.S. 9. 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 applicant shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 10. 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. 11. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 25-12-103, C.R.S. 12. Adequate drinking, handwashing and toilet facilities shall be provided for employees, at all times. For employees or contractors on-site for less than two (2) consecutive hours a day, and two (2) or less full time employees on-site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be 2017-2946 PL2489 DEVELOPMENT STANDARDS (USR17-0029) —LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN LANDSCAPING PAGE 2 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 and shall contain hand sanitizers. 13. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems (OWTS). 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 15. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 16. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 17. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 18. The historical flow patterns and runoff amounts on the site will be maintained. 19. As required by the Colorado Department of Public Health and Environment (CDPHE), MS4 General Permit (COR090000), stormwater runoff from site development/ redevelopment must be treated for water quality. Treatment may include on-site infiltration and/or water quality treatment prior to discharge (detention). 20. During construction,Weld County shall be allowed to inspect temporary Best Management Practices (BMPS) for proper installation and maintenance as detailed in the Stormwater Management Plan (SWMP). Inspections occur to ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent roadways and nearby waterways from potentially adverse effects of stormwater runoff. The contact will be notified prior to inspection for access to be granted to the inspector. Inspections will be performed at a frequency required by the CDPHE MS4 General Permit (COR090000). 21. After construction is complete, Weld County shall be allowed to inspect permanent BMPS (or on-site drainage features)for proper installation as designed in the approved Drainage Plan. The contact will be notified prior to inspection for access to be granted to the inspector. 22. Following the approved installation of permanent BMPS, Weld County shall be allowed to routinely inspect the BMPS for proper maintenance as detailed in the Maintenance Plan. Inspections ensure adequate drainage is occurring to protect the landowner, neighboring properties, adjacent roadways and nearby waterways from potentially adverse effects of stormwater runoff. Please note, Weld County is not responsible for maintenance of permanent BMPS. The contact will be notified prior to inspection for access to be granted to the inspector. Inspections will be performed at a frequency required by the CDPHE MS4 General Permit (COR090000). 2017-2946 PL2489 DEVELOPMENT STANDARDS (USR17-0029) — LOWELL THREE, LLC, CIO BERT GARCIA, PRO LAWN LANDSCAPING PAGE 3 23. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. 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. 24. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical 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. 25. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 26. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 27. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 28. 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. 29. 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 persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these 2017-2946 PL2489 DEVELOPMENT STANDARDS (USR17-0029) — LOWELL THREE, LLC, C/O BERT GARCIA, PRO LAWN LANDSCAPING PAGE 4 resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 30. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2017-2946 PL2489 Hello