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Home My WebLink About20242130.tiffPlanner: USE BY SPECIAL REVIEW PERMIT STAFF COMMENTS Diana Aungst Hearing Date: August 6, 2024 Case Number: 1MJUSR24-12-0061 Owner: Representative: Request: Colorado Property Holding Company, LLC c/o William Parker Guttersen, manager 4407 29th Street, Greeley, CO 80634 AGPROfessionals c/o Hannah Dutrow 3050 67th Avenue, Greeley, CO 80634 A Site Specific Development Plan and Major Amendment to Use by Special Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and Service Facility (parking, staging and maintenance of oil and gas trucks and storage of portable toilets) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Site Address: 24125 County Road 42, LaSalle, CO 80645 Legal Description: Lot A Recorded Exemption RE -1506; being part of the SW1/4 of Section 19, Township 4 North, Range 64 West of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 49 and north of and adjacent to County Road 42 Acreage: +1- 9.3 acres Parcel No. 1053-19-3-00-037 The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Oil and Gas Energy Department, referral dated April 2, 2024 ➢ State of Colorado, Division of Water Resources, referral dated April 1, 2024 ➢ Weld County Department of Public Health and Environment, referral dated April 25, 2024 ➢ Weld County Department of Planning Services — Development Review, referral dated April 23, 2024 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ Weld -Greeley Airport, referral dated March 27, 2024 ➢ Colorado Parks and Wildlife, referral dated March 27, 2024 ➢ Weld County Sheriff's Office, referral dated March 27, 2024 ➢ La Salle Fire Protection District, referral dated March 27, 2024 ➢ Central Weld County Water District, referral dated April 23, 2024 ➢ Weld County School District RE -7, referral dated March 27, 2024 ➢ West Greeley Soil Conservation District, referral dated April 18, 2024 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Chevron Corporation ➢ Central Water Conservancy District 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 1 of 11 CASE SUMMARY: The applicant, Colorado Property Holding Company, LLC c/o Mr. William Guttersen doing business as Atlas Energy Services, LLC (Atlas Energy) is requesting an amendment to the current Use by Special Review (USR) USR12-0061 to expand operations of an oil and gas support and services operation. The acreage of the subject property will remain the same. The proposed operations will consist of roust -a -bout activities, parking of about 140 semi -trucks, hydro -vac trucks, and pickup trucks, and the outdoor storage of portable toilets. Vehicles (trucks) and oil and gas equipment will be maintained in the two (2) commercial buildings (shops). One (1) shop is existing and a second one is proposed. Additionally, Atlas Energy delivers portable toilets to various job sites as part of their services. The unused portable toilets will be stored on -site. Approximately 3,800 square feet of screened storage area will be put aside for the storage of the portable toilets. The original 2012 USR (USR12-0061) included parking, staging, and maintenance of oil and gas trucks with up to thirty-five (35) employees (30 off -site employees and 5 on -site employees). This amendment is a request to increase the number of employees to one -hundred -fifty (150) which includes one -hundred - forty (140) off -site employees and ten (10) on -site employees, addition of a second shop building, and an increase in the number trucks to one -hundred -forty (140). The one -hundred -forty (140) employees will each pick up a truck and equipment and proceed to off -site locations. Since the hours of operations are 24 -hours per day, 7 -days per week the employee's arrival times to the site will be staggered throughout the day. The vehicles parked on -site are proposed to be twenty-five (25) semi -trucks, five (5) hydro -vac trucks, seventy (70) work pickup trucks, and thirty (30) trailers, alternating with approximately one hundred (100) employee vehicles. There is an existing residence and shop on the site and the 2012 USR is approved to operate 24 -hours per day, 7 -days per week. There are no proposed changes to hours of operation, however, the site will generally operate between 4:00 a.m. and 6:00 p.m., Monday through Friday. There is existing landscaping around the residence and along CR 42. Additional screening along CR 49 is a Condition of Approval. One -hundred -seventy-one (171) parking spaces are proposed for the employee vehicles and the work trucks, two (2) are proposed to be ADA parking spaces. Staff is requesting eight (8) ADA parking spaces. There will also be thirty-five (35) parking spaces for hydro -vac trucks and trailers and twenty-five (25) parking spaces for semi -trucks. The residence and the shop are both utilizing a commercial water well (Permit No. 294098). The referral comments from the Division of Water Resources, dated April 1, 2024, state that well (Permit No. 294098) is the only well on the site and is permitted for commercial uses and if the applicant intends to use the well for any other uses besides drinking water and sanitary purposes for a commercial business the well must first be re -permitted. Since the well is connected to the residence and is being used for both commercial and residential purposes the applicant will be required to re -permit the well or purchase a water tap from Central Weld County Water District. The residence on the site is served by an On -Site Wastewater Treatment System (OWTS) (Permit No. SP - 0400180) permitted for 4 bedrooms or 8 persons. The shop on the site is served by an OWTS (Permit No. SP -1400103) for seven (7) employees. Portable toilets and bottled water are acceptable for employees that are on -site for 2 or less consecutive hours per day. Probable Cause/Show Cause case #PCSC23-0014 was opened on December 16, 2023 due to an expansion of an oil and gas operation without first obtaining the necessary Land Use Permits. This amendment is in response to the PCSC23-0014 Notice of Violation. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld County Code. 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 2 of 11 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinance in effect. Section 22-2-30.A.1. states: "Land use changes should not inhibit agricultural production nor operations." The subject property has historically been used for residential purposes as the residence was construction in 2004 under building permit #BCN-040286. Section 22-2-60.B.3. states: "Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses." The proposed use benefits the oil and gas industry without eliminating any productive agricultural land. USR12-0061 was issued to Justice Trucking for roust -a -bout operations on the site. The subject property was conveyed to the current owner, Mr. Guttersen, and the roust - a -bout activities have increased substantially. Atlas Energy provides hydro -vac services to oil and gas sites and also provides portable toilets to various job sites, including oil and gas sites. Section 22-2-30.C. states: "Harmonize development with surrounding land uses." The location of the parking area is expanding to include the land adjacent to CR 49. Screening of all the storage areas is required. The two (2) closest residences are west of the site, on the west side of HWY 49. There are no residences on the east side of HWY 49 within properties to the north, east, and south are utilized for crop production with the closest residence on the east side about 2,200 feet east of the subject property. The application materials included a nuisance and waste management plan that indicate that both shops will have floor drains and there will be three (3) fuel storage tanks. Noise from idling of the trucks was estimated to be 31.4 db(A) at the nearest residence. The operation shall adhere to the noise limit as indicated in the Development Standards. Finally, on -site dust will be contained by watering surfaces as necessary. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. -- Intent, of the Weld County Code states, "Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." Section 23-3-40.V. Uses by Special Review, of the Weld County Code allows for a "Oil and Gas Support and Service" in Lots outside of a subdivision and historic townsite in the (A) Agricultural Zone District. Section 23-1-90. states that Oil and Gas Support & Service includes trucking companies principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc. This code section allows the applicant to apply for the oil and gas truck parking and related equipment parking. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 3 of 11 The five (5) adjacent unincorporated lands surrounding the site are zoned A (Agricultural) and the land uses include pastures, crops and rural residential. There are eleven (11) USRs within one (1) mile of the site: USR-854 for eight (8) communication towers, SUP -124 for a hog farm (no longer operating), USR-202 for a feed lot, 2MUSR23-14-0030 for a solid waste disposal site and facility including a Class I composting, an animal waste recycling or processing facility, 1 MUSR18-17-0023 for oil and gas support and service, and USR17-0048, USR17-0077, USR18-0026, USR18-0027, USR18-0077, and USR12-0006 for 12" high-pressure natural-gas pipelines. The Weld County Department of Planning Services sent notice to five (5) surrounding property owners within five hundred (500) feet of the subject property. No correspondence was received. The residence and the shop are both utilizing a commercial water well (Permit No. 294098). The referral comments from the Division of Water Resources, dated April 1, 2024, state that well (Permit No. 294098) is the only well on the site and is permitted for commercial uses and if the applicant intends to use the well for any other uses besides drinking water and sanitary purposes for a commercial business the well must first be re -permitted. Since the well is connected to the residence and is being used for both commercial and residential purposes the applicant will be required to re -permit the well or purchase a water tap from Central Weld County Water District. The proposed use is in an area that can support this development and the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. D. Section 23-2-220.A.4 -- That the uses which would 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 this Code or master plans of affected municipalities. The site is not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. The site is not located within three miles of a municipality. E. Section 23-2-220.A.5 -- That the application complies with Articles V and XI of this Chapter if the proposal is located within an overlay zoning district or a special flood hazard area identified by maps officially adopted by the county. The property is partially located within the A -P (Airport) Overlay District. The property is not located in within a Special Flood Hazard Area, 1-25 Overlay District, a Geologic Hazard Overlay District, the MS4 — Municipal Separate Storm Sewer System area, Historic Townsite Overlay District, Agricultural Heritage Overlay District, or part of a Disproportionally Impacted Community. Building Permits issued on the lot will be required to adhere to the fee structure of the County - Wide Road Impact Fee Program, County Facility Fee, and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The facility is primarily designated as "Farmland of Statewide Importance"" with low slope, Olney sandy loam soils. There is a small portion of "Not prime farmland" located in the northwest corner of the site with low slope, Valent sand soils per the USDA Natural Resources Conservation Service (NRCS) Custom Soil Report. The property has is a dry corner and has historically been utilized as residential. A USR for Oil and Gas Support and Service has been operating on the site since 2012. This amendment will not remove any irrigated agricultural land from production. 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 4 of 11 G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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 health, safety, and welfare of the inhabitants of the neighborhood and County. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached conditions of approval and development standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and county and will address and mitigate impacts on the surrounding area with the operation of this facility. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS CONDITIONAL UPON THE FOLLOWING: 1. Prior to recording the map: A. The existing Improvements and Road Maintenance Agreement (Rec. No. 3978862) shall be reviewed and revised, as necessary, to address the traffic associated with the proposed use of the site. (Development Review) B. A Final Drainage Report and Certificate of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) C. The applicant shall acknowledge the advisory referral comments from the Weld County Oil and Gas Energy Department, as stated in the referral response dated April 2, 2024. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Service) D. The applicant shall address the concerns of the Division of Water Resources, as stated in the referral response dated April 1, 2024. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall provide evidence that the residence has water from either Central Weld County Water District or an appropriately permitted well permit. (Department of Planning Services) F. A Lighting Plan shall be submitted to and approved by the Department of Planning Services. (Department of Planning Services) G. A Landscape and Screening Plan shall be submitted to and approved by the Department of Planning Services that screens the site from the Surrounding Property Owners and rights -of - way. (Department of Planning Services) H. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled 1MJUSR24-12-0061. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D and Section 23-4-1030 of the Weld County Code. (Department of Planning Services) 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 5 of 11 4) The map shall delineate the existing landscaping and/or screening. (Department of Planning Services) 5) The map shall delineate the parking spaces for the trucks and other vehicles. (Department of Planning Services) 6) The map shall delineate at least eight (8) ADA parking spaces. (Department of Planning Services) 7) The map shall delineate the storage and screening areas for the portable toilets. (Department of Planning Services) 8) The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13 of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 9) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable. (Department of Planning Services) 10) Show and label any on -site lighting, if applicable. All lighting shall be downcast and shielded so that light rays will not shine directly onto adjacent properties. Include lighting specification details on the USR map. Refer to Section 23-2-250.D. of the Weld County Code for design criteria. (Department of Planning Services) 11) Show and label the location of the trash collection areas, if applicable. Include specification details on the USR map. Refer to Section 23-2-240.A.13. of the Weld County Code for design criteria. (Department of Planning Services) 12) Show and label all recorded easements and rights -of -way on the map by book and page number or reception number and recording date. (Department of Planning Services) 13) County Road 42 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 on the USR map the existing right-of-way (along with its creating documents) and the physical location of the road. All setbacks shall be measured from the edge of right -of- way. This road is maintained by Weld County. (Development Review) 14) The County Highway (County Road 49) is designated on the Weld County Functional Classification Map as an arterial road which typically requires 140 feet (or 180 feet in some locations) of right -of- way at full build out. Contact Development Review for the location of the existing and future right- of -way and easements and delineate these on the map. (Development Review) 15) Show and label the approved access locations and provide appropriate dimensions for the access widths and turning radii as defined in Table 8-3 of Appendix Q of the Weld County Code). Include in the label all applicable usage types (Agricultural, Residential Commercial, and/or Oil & Gas). (Development Review) 16) Show and label the approved tracking control on the USR map. (Development Review) 17) 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. (Development Review) 18) Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated water quality and detention volumes. (Development Review) 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 6 of 11 19) Show and label the drainage flow arrows. (Development Review) 20) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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 USR map along with all other documentation required as Conditions of Approval. The USR 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 USR 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. (Department of Planning Services) 3. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional 3 -month period. (Department of Planning Services) 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) B. If more than one (1) acre of land is to be disturbed, a Weld County Grading Permit shall be acquired. (Development Review) 5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map 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. (Department of Planning Services) 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 7 of 11 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Colorado Property Holding Company, LLC 1 MJUSR24-12-0061 1. A Site -Specific Development and Major Amendment to Use by Special Review Permit, 1MJUSR24- 12-0061, for an expansion of an Oil and Gas Support and Service Facility (parking, staging and maintenance of oil and gas trucks and storage of portable toilets) outside of subdivisions and historic townsites in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 4. The hours of operation are 24 hours a day / 7 days a week, stated in the application materials. (Department of Planning Services) 5. The number of on -site employees shall be up to ten (10) and 140 drivers, as stated in the application materials. (Department of Planning Services) 6. The number of commercial vehicles shall be up to 140, as stated in the application materials. (Department of Planning Services) 7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the site. (Department of Planning Services) 8. The extra roll -offs and dumpsters shall not be stored on the site. (Department of Planning Services) 9. The parking area on the site shall be maintained. (Department of Planning Services) 10. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department of Planning Services) 11. The existing and proposed landscaping and screening on the site shall be maintained in accordance with the accepted Landscape and Screening Plan. (Department of Planning Services) 12. Required landscaping and screening shall be installed within one (1) calendar year of issuance of a building permit or commencement of use, whichever occurs sooner. Maintenance of the landscaping shall include, but not be limited to, irrigating, mowing, pruning, and removal of trash and weeds. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 13. This site is partially located within the Airport Overlay District. (Department of Planning Services) 14. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 15. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Development Review) 17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 8 of 11 18. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Development Review) 19. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 20. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. (Development Review) 21. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 23. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 24. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code, and the approved waste handling plan. (Department of Public Health and Environment) 25. 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 and the approved dust abatement plan. (Department of Public Health and Environment) 26. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 27. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. (Department of Public Health and Environment) 28. Adequate drinking, hand washing, 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 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 existing adjacent residential properties and public rights -of -way. (Department of Public Health and Environment) 29. All chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 30. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site, as applicable. (Department of Public Health and Environment) 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 9 of 11 31. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 32. Any on -site wastewater treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On- site Wastewater Treatment Systems. (Department of Public Health and Environment) 33. In the event the applicant intends to utilize the existing on -site wastewater treatment system, for additional employee use, the system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 34. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 35. Any vehicle or equipment washing area(s) shall capture all effluent and prevent discharges from the washing of portable toilets, equipment, and vehicles. (Department of Public Health and Environment) 36. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 37. Floor drain wastes shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. (Department of Public Health and Environment) 38. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 39. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning Services) 40. 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. (Department of Planning Services) 41. 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 has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. (Department of Building Inspection) 42. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. (Department of Planning Services) 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 10 of 11 43. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 44. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 45. 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. 46. 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. 47. 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. 48. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. 49. This Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 50. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. 1MJUSR24-12-0061 I Colorado Property Holding Company, LLC Page 11 of 11 July 1, 2024 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov Email: daungst@weld.gov Phone: (970) 400-3524 Fax: (970) 304-6498 HANNAH DUTROW 3050 67 AV SUITE 200 GREELEY, CO 80634 Subject: 1 MJUSR24-12-0061 - A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and Service facility (parking, staging and maintenance of oil and gas trucks and storage of portable toilets) in the A (Agricultural) Zone District On parcel(s) of land described as: LOT A REC EXEMPT RE -1506; PART SW4 SECTION 19, T4N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 6, 2024 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 21, 2024 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://aca- prod.accela.com/WELD/ Respectfully, 11k/( Sx, aUllk.ra) Diana Aungst Planner May 23, 2024 DEPARTMENT OF PLANNING SERVICES 1402 North 17th Ave Greeley, CO 80631 Website: www.weld.gov Email: daungst@weld.gov Phone: (970) 400-3524 Fax: (970) 304-6498 REYNOLDS JULEE 24125 COUNTY ROAD 42 LA SALLE, CO 80645 Subject: 1 MJUSR24-12-0061 - A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR12-0061 for an expansion of an Oil and Gas Support and Service facility (parking, staging and maintenance of oil and gas trucks and storage of portable toilets) in the A (Agricultural) Zone District On parcel(s) of land described as: LOT A REC EXEMPT RE -1506; BEING PART OF THE SW4 OF SECTION 19, T4N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on August 6, 2024 at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on August 21, 2024 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at https://aca- prod.accela.com/WELD/Default.aspx Respectfully, Diana Aungst Planner Hello