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Home My WebLink About20242140.tiffEXHIBIT INVENTORY CONTROL SHEET CASE 1 MJUSR24-12-0061 — COLORADO PROPERTY HOLDING COMPANY, LLC Tyler Exhibit Submitted By Page # Description Planning A. Commission Resolution of Recommendation Planning B. Commission Summary of Hearing (Minutes dated 8/6/2024) C. Planning Services PowerPoint Presentation D. Applicant PowerPoint Presentation (received 8/20/2024) Proposed changes to the Resolution E. Applicant (received 8/20/2024) F. G. H. J. K. L. M. N. O. P. Q. R. s. T. U. V. 2024-2140 WELD COUNTY, CO IMJUSR24 12 0061 Applicant: Colorado Property Holding Company, LLC Planner: Diana Aungst Request: 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) in the A (Agricultural) Zone District. 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, Colorado. Location: North of and adjacent to County Road 42; east of and adjacent to County Road 49. "SA Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners, Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDiNG 1150 "0" Street • Greeley, CO 80631 Planning Commission Hearing will be held on 20Z4; of Board of County Commissioner Hearing will be held on 2014„; att M Applicant: Caemr,d. air 1144,1i Co. UC Request: 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 Case Number: 0581 -a -c 1 Acres:• FOR FURTHER INFORMATION PLEASE CONTACT AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES, AT 970 -400 - rev, Aetiiittnoao_lnfamnati©n visit vwww.weidcounty,ptanningcases.or r g 15rur.,aa bur not Lm re e Mr ntry &ro ►), rat to t� "mss Of mD't are y� yr�•r try r.J►wM+" � re!rf�0V rat ryroy AA+' c'uflPlerntln p nuu sskM and Hoard County Cmmwm+xrt�o�+�'^ wrs-i. -sass rat tat • at a- r ai ` di s>t ��11 �ir1 rialjet 4 A1/24191,ii alPublic hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTYADMINIST'RATION BUILDING 1150 "0" Street • Greeley, CO 80631 Planning Commission Hearing will be held on Board of County Commissioner Hearing will be held on ittui Applicant: Request: t A Major Amendment to a Site Specific Development Plan and Use by Special Review Permit No. USR i 2 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 S Case Number Acres' FOR FURTHER INFORMATION PLEASE CONTACT AT THE WELD COUNTY DEPARTMENT OF ••crr- .r. For Additional Information visit �niAn'IUI�. t�eo .e,o c n.ehr�1t mated q� fin �t S,p.!ct;,t �yW�.il�ti,�,i�N�, mil$+.i nt�ipl+'� r'I n l n��'�s . o�� taw Ik➢IITO'Rttl the Jlelnlbr.,. -"'"opn�r,,r Pion clod UK Ott loot Oil �A es rk*ati pI t ac supytrt to dNypr b trnwr,al at bat, A ie Pb.ww ' �"^� �c.+r d �" ri+natt tiro ,fu Anthems, �^�f'+tbn and beard al C a,✓�t,� louvotek �''�'�onai !► n+�Ac�i wets* i4 4 CR 46 � '•. a a i w r CR3$ a a a -= C) a pima I� r } 01 1 1 I I I I I I I I I in CC It, I I CR40I 9r c 1 c vat I ger fmj a- e a MI ow! mog Igor la a a a 1 J CR 44 SITE `- �1 �r ri -atarai a ail a a = - = al M al I a II 1 I I II rrj II $ a a a a — — Igt; U 1 a a CR 44 1 CR M a a WI CR 38 en__are. aI a a a at 4!: I 1 tee re U CR 40 a I t- I F Ili a! •— >� b TQ a a a 0 alt a i_iliQ —: I! i Closest Residences 500 foot buffer _ e a a ea ea el a a— a a Yi s! al a 0 USRs within one mile 1 RESIDENCE IJt__!R1 B-0 25�I WATER & FUEL —TRUCK PARKING Na cr 0 �� Ise - r te ATt::°A S Wi t a I I I I I I I �I e I I i I j I a — a SUP -202 FEED LOT —. — CR44 PI I i -ti I USR1 7 >12HACHHIGH PRESSURE NAT GAS USR17,J0048 7L1.12" HIGH_P'RE . -1 NAT.. GAS. LINE, ,. SITE Aft+ k USR12-0061 -0061 MINERAL' RES. DEVjF �aI��FA_� U RI7-0077 >12" HIGH PRES. . NAT. GAS. LINE 2MUSR23-14-0030 M ANI PyIAL i4A AH TE RECYCLING Is - USR 18-0026 >12 INCH HIGH PRESSURE NAT GAS I I I I I I II [CR44 1 re lo I USR-854 coCOMMUNICATION TOWERS (B) U R.18-OOi rr r NON -1041 MAJQR FACILITY- PIPE SUP -124 HOG FARM a a 1 air r - I CR 42 a a I• I LI R 2-0006 NON -1041 MAJOI ,� _. FACILITY - s Aerial ir WELD COUNTY, CO WELD COUNTY, CO Staff finds that this Use by Special Review is consistent with Section 23-2-220.A. S ection 23-2-220.A.1. - That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. S ection 23-2-220.A.2. - That the proposal is consistent with the intent of the district in which the use is located. S ection 23-2-220.A.3. - That the uses which would be permitted will be compatible with the existing surrounding land uses. S ection 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. S ection 23-2-220.A.5. - That the application complies with Articles V and Xl 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. S ection 23-2-220.A.6. - That if the use is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime farmland in the locational decision for the proposed use. S ection 23-2-220.A.7. - That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. =11:1.8 6 WELD COUNTY, CO =y86 WELD COUNTY, CO /1-fizt,e-- WELD COUNTY, CO y.. - --rarer ' s�1 _ -i .�_a� • •'C it f_ _ • - yam- _ ►'J!-•- r. .-�:K �a • a • � - 1.1 -v. .. Y �+• ,z YYiS t �z z Ors .♦ iSL-.7r - -�4 Lr.- -1i i r x'r 3ft-2.: �G� �.. 1 y•�~'. �-•fir''• tar View looking west/southwest along CR 42 8 tir -'may- \� r i _ i '�� 3 it Y w r .fir`' ii'C • _ a - r - _ - - - sipsysmfrinn-Ja.76issetint___A �_. jet a , ks4--. tld ark_stiosi a :4 S` r,. 1► � y �� ry, � -"P4 1 7' .11.4 rut ;t t. .,y - `r�� ter; s 111:.11 r �: '`� u�� 1.1 I ha ♦ • ! a View looking east/northeast along CR 42 A a IA WELD COUNTY, CO 7. °•'•1tLw. L! 1. ' 1 . I sill 'Fir S tar ^ T �y. i • - . t •! 1 ' • rh• n r'1 1� �_•._ _ View looking east/northeast from HWY 49 Sa'ameirkt • Ii ab I r 111, WELD COUNTY, CO Its. s 8 6 ...eatzk II View looking northwest from HWY 49 1.�'�y GPI _y.= 1861 -K,E ■ WELD COUNTY, CO WELD COUNTY, CO Aer 6 •1-: `f 1 r View looking southwest from HWY 49 8 61 WELD COUNTY, CO y 64....'_C WELD COUNTY, CO _y86 WELD COUNTY, CO WELD COUNTY, CO fit% tATLAS nt iNFR(;Y. (PMC 0 em 970.378.8888 SAFETY 970473•88 emma- it,, _• j e: a 4 Truck parking on the site WELD COUNTY, CO Storage and parking on the site — IL . - - -•C- Tf-C- z. ..t - • s r t� "fry, � i4 � * rte" •--•� .1 �' r`s :mot. r ri:A; - • t: art '"alernarlireatlikg - N _ flis i tom' �-. �� s. �4 �,� •rWit. Imp. .ir f 'l� t one - t= i la 4 4. A i 1171 WELD COUNTY, CO .411t13 6Mert: Storage and parking on the site 1 c 4J , Sit AA wen it l J t* WELD COUNTY, CO Storage on the outskirts of the site Site Plan Truck Parking/Truck Storage i I47riL. i i h le rut -°3r Hum ACM PtO.W.17W IImo, PU3, LcC NCI 11.1 i 1 are 1 'I, - pales 04 s= {} rirrm i ST'!tfl! W 41) • r tat • r i Ed Y i 4. r New shop 4 mum rat,' PPICPCrLD P641. Ysdfl = PriPeffTy .j t T illEraaa • • r County Road 42 - Ps - . ., * tl,--- ITU MPS AR P Screened storage areas for the portable toilets -- p- - r--Ega— tic METIM I OLt Wile'iL0A Residence � Existing shop S g. - - * 'i-r M mum reilaNTPLt EndoIMJ S 24120061 Amended Use by Special Review IMJUSR24 12 0061 Applicants: Colorado Property Holding Company, LLC c/o AGPROfessionals, LLC 3050 67th Ave Greeley, CO 80634 AGPROfessionals DEVELOPERS OF AGRICULTURE Request • Amended Use b S • ecial Review USR • Oil & Gas Support & Service Business • Atlas Energy & Fortress Development Solutions AGPROfessionals DEVELOPERS OF AGRICULTURE 1 Vicinity Map gzr V AGPROfessionals DEVELOPERS OF AGRICULTURE Land Use History • USRI2 0061 — Recorded May 12, 2014 • Oil & Gas Support • 24 hour/day operation • 5 on -site employees and 30 off -site employees AGPROfessionals DEVELOPERS OF AGRICULTURE Site Origina Private Access WCR 42 AGPROfessionals DEVELOPERS OF AGRICULTURE USRI2 0061 •. 1 RICE F 7r a a s n e 1 l '1 1 1 r a U I I I I. a m 22 1 r 6 0 . es, I II til ein .4 }- 1 • I. 1 rn w C 0 M C z O 1 CD i r i i 7 a 4 9 a 1'4 Is f_,, ti • by (,. '_ L.,-Aw —P' 5 5' S 19 .POST CABLE FENCE rRE f r1 5 i �.4 a ,, ' I 17 •1 jt ' f4 1 - 'a. r .9 \At / / ,„ '/ / NI .,� ,Il () 1 el A fr' STEEL POST PENCE BIB , CITY OF ' PIE TROLE LIU itafiede POND SEP11C C AUK sr 1R r - 1 a a aaalaia s---'- a la Vii. —..r4,PriEir-ie'i1eL k r� MifMaNNI a s® er ler a s v� WE:LD1*flM(RCAD f sr g f IAELL HOME r ♦ // I. ..r/ �+ NeN,. \fere a) f / t • tirr The 1 it PROPANE -- TURK= RACK: F11I,fi 45 MDR FIHTl.'STF p. 9 se/ it yr- CLOSEST PETRI STORAGE TIT BATTERY e AGPROfessionals DEVELOPERS OF AGRICULTURE 1 1 r �. CAN,rnieff- t fal-n � T a teat *IC gr*: s +Mak '9 Detention Pond Parking & Equipment Proposed Site P weraurra PuWrfiriaCre 3' an. fintWwsElda. asimeips Fire Suppression Tank Residence r MIMIRICARI i an LEGEM — - INS PHEW* Dr lallICallor - .PT • FFC4+Stu1Mat lLlf =CIF MY Itii. txt ati genic an litla FSX5U slit airT! �5t;E:,s n 0 e e I ■ FRR7a1 AMR PIMCP a • ■ ■ a FY5L3a1TWO ;RL 1+ 613 MCC .Z34t.r.riPIK1 I_ KCC11i1 � IF$t,Yi KJG 4111 Kra KIWI% ' Witt Faa1,,as tffT FSIC.I1 •ni P:F.F Mrl r_:. ra r; 4t .c:1+.ate Ifit4 LAW1C -a PC ✓ r w:4' 411:CiWS+ MEVla:r HI N ISTA ar FOii1TOP flint AMA Pat 1C.f ?. AGPROfessionals DEVELOPERS OF AGRICULTURE Site P an - East an • Proposed Building ' I 4' —as! n1. .0" � a � . .,! r . r'r %Maas' I l F l -fit "� ■ Fuel Tanks 4 1,. '_- a� Ye elall-”mt. um rpm .1 • A • II fFA �.`-.li( 1 [ NI I 1 _ ". ;FP) ) . Zr Storage Areas I U •tom imams WAllariM brie t- tiI a Fire Suppression Tank J 1 iy 1 N r 7 - -4 • 4 1 • Residence ters7 Eg mite UNOStAK. et r PROPOSED ff'' VINYL rla U� Ii _St? ■ A Ls - t I :t Existing Accesses %TA e • e` Y • • GRA A�1 I- Et, FE OHM C RE FFMI. ' ) u PROPANE TAW `TO BE R C5 EL LI 41".&if • icr iv a :� kellAg 404.11 Shop Building MTh F1+ phi a N!. pROpEicilY BO Uti L*1t IV ea _ I au III E AGPROfessionals DEVELOPERS OF AGRICULTURE ROA P Ia I1III1IEI1!I1IIILII a be z O 2 !t1 I'll C I"LLLI i111711G:rnru L --- f • .. SEMI TRAILER PARKING EMPLOYEE & WORK TRUCK PARKING slum �=elf Detention Pond Storage Areas 1 5 QS - ' Pa AGPROfessionals DEVELOPERS OF AGRICULTURE Operations On -Site 0 aerations: Maintenance of vehicles and equipment - Maintenance to be contained in shop buildings Storage of equipment, portable toilets, and vehicles Off -Site 0 aerations: Roustabout and hydro -vac services occur at oil & gas tank battery sites AGPROfessionals DEVELOPERS OF AGRICULTURE Operations n Parkin • and E • ui Dment Stora • e: Semi Trucks Hydro -vac Trucks Work Pickup Trucks Trailers Employee Vehicles 25 5 70 30 100 Employees: Number of Employees 10 140 Work Hours 4:00 AM — 6:00 PM 6:00 AM — 6:00 PM Number of Shifts 1 1 t AGPROfessionals DEVELOPERS OF AGRICULTURE Applicant Obligations Sec. 23-2-260 A. Uses by Special Review Consistent with: 1. Chapter 22 — Comprehensive Plan 2. Intent of District — A Zone 3. Existing Surrounding Uses 4. Future Development 5. Complies with Article V & XI — Overlay Districts and Special Flood Hazard Areas 6. Conserve Prime Farmland 7. Adequate Provisions for Health, Safety, & Welfare AGPROfessionals DEVELOPERS OF AGRICULTURE Consistency wl Comprehensive Plan Sec. 22-2-30.A.1. Land use changes should not inhibit agricultural production nor operations. Sec. 22-2-60.B.3. Require that energy and mineral resource development conserve the land and minimize the impact on surrounding land and the existing surrounding land uses. Section 22-2-60.B.5. Energy development facilities should preserve agricultural areas and enhance the rural landscape. Section 22-2-30.C. Harmonize development with surrounding land uses. AGPROfessionals DEVELOPERS OF AGRICULTURE 23-3-10. A (Agricultural) Zone District Intent • 23-3-10. A District Intent. • 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. • 23-3-40. — Uses by Special Review. • V. Oil and Gas Support & Service AGPROfessionals DEVELOPERS OF AGRICULTURE Compatible wl Existing & Future Development SSURE NAT 2' HIGH PRFSrNAT. GA'. 115R1 IL007. - - �U Ri 9 O RUCKINGIN' BU LS I. -0006 It 42 U>1410.471 FAIJID:Ry FAC 'r :Ira 18 -0026- >12 INCH IldlitPRESSURE NAT GAS 2PA USR23,1410030 USW854 mr4, 4 WASTE ANIMAL1'RE C YC LI 'GCOMMUJ NICATIO TO ER -re t )07, 10144La o:l�t' � KAY USR11.49.58 KE.NN F IRTOtO I Weld County AGPROfessionals DEVELOPERS OF AGRICULTURE Conservation of Prime Farmland & Overlay Districts • Sec. 23-2-230 B.6. "...diligent effort to conserve Prime Farmland" • No farmland taken out of production • Overlay Districts: • No Floodplain • No Geologic Hazard • Partially in Airport Overlay District AGPROfessionals DEVELOPERS OF AGRICULTURE Provisions for Protection of Health, Safety, & Welfare On -Site Employees • Well permit no. 294098 • Septic system no. SP -1400103 Off -Site Employees • Bottled Water • Portable Toilets Design Standards, Operations Standards, 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. AGPROfessionals DEVELOPERS OF AGRICULTURE Nuisance Management Plan • Site will adhere to maximum noise levels allowed in Agricultural Zone District Light: • Building mounted, fence mounted, and light poles proposed Dust: • Lot surfaces are native grasses and improved gravel surfaces • Watering of surfaces as necessary to suppress dust Waste Management: • • • Property owner to control noxious weeds Business generates very little waste Trash to be collected in covered, confined dumpster and removed as needed Storage: • • Parking of vehicles and equipment when not in use on work sites Secondary containment for future fuel tanks AGPROfessionals DEVELOPERS OF AGRICULTURE Noise Memo Position ID #12 LAeq (dB(A)) 70.2 86.7 86.9 d8(A) = distance from source Distance between measurement position and residence (ft) 392.2 48.2 49.7 (m) 119.6 158.3 159.8 Ambient noise estimated to nearest residence dB A 38.4 53.7 6 Idling Trucks - generate 31.4 dB(A) at the nearest residence 53.9 AGPROfessionals DEVELOPERS OF AGRICULTURE Functiona C assification '!WCR 3 MI ON I WCR28, WCR 26 agent' _-• - Highway Paved Local ---- Gravel Local 4 -Lane Controlled -Access County Highway Arterial Collector Arterials Not Constructed Future Alignment To Be Determined Note: The minimum right -of -,way for WCR 2 between SH 392 arm WCR 100 will be 100' except at the following intersections it will be -140: SH 392., WCR 74, SH 141 WCR 90, WCR 11 J0. AGPROfessionals DEVELOPERS OF AGRICULTURE Traffic - Trip Generation Table 1: Trip Generation ITE Code Land Use Size I Average Rate Daily Trips Total - Rate AM Peak In Rate Hour Trips Out Total I Rate - Peak In Rate Hour Trips Out Total . N NIA Oil & Gas Support Services 150 Employees t350 11 20 10 30 * 140 150 290 Equre E: tip DI r nam 15% C 1 % 0 i IMTS CR4' AGPROfessionals DEVELOPERS OF AGRICULTURE Division of Water Resources DWR • Well Permit no. 294098 • Previous owner re -permitted residential well with commercial exempt uses 4/17/2014 • Condition of Approval for USRI2 0061 CWCWD • Water study in process AGPROfessionals DEVEI.OFCRS OF AGRICULTURE Referrals, Conditions, Development Standards • 12 local, state, and federal referral agencies responded • Use By Special Review materials reviewed, approved, & conditioned • 8 Conditions of Approval AGPROfessionals DEVELOPERS OF AGRICULTURE A pp i icant Obligations Sec. 23-2-260 A. Uses by Special Review Consistent with: ✓ Chapter 22 — Comprehensive Plan ✓ Intent of District — A Zone ✓ Existing Surrounding Uses ✓ Future Development ✓ Complies with Article V & XI Special Flood Hazard Areas ✓ Conserve Prime Farmland ✓ Adequate Provisions for Health, Safety, & Welfare Overlay Districts and AGPROfessionals DEVELOPERS OF AGRICULTURE A.fleflded Use by Spec al Review a i I 1 JUS 4-12 00 I Applicants: Colorado Properly Holding Company, LLC do AG PROfessionals, LLC 3050 67t" Ave Greeley, CO 80634 AGPROfessionals DEVELOPERS OF AGRICULTURE Noise Memo Position ID #12 LAeq (dB(A)) 70.2 86.7 86.9 d8(A) = distance from source Distance between measurement position and residence (ft) 392.2 48.2 49.7 (m) 119.6 158.3 159.8 Ambient noise estimated to nearest residence dB A 38.4 53.7 6 Idling Trucks - generate 31.4 dB(A) at the nearest residence 53.9 AGPROfessionals DEVELOPERS OF AGRICULTURE Traffic - Trip Generation Table 1: Trip Generation ITE Code Land Use Size I Average Rate Daily Trips Total - Rate AM Peak In Rate Hour Trips Out Total I Rate - Peak In Rate Hour Trips Out Total . N NIA Oil & Gas Support Services 150 Employees t350 11 20 10 30 * 140 150 290 Equre E: tip DI r nam 15% C 1 % 0 i IMTS CR4' AGPROfessionals DEVELOPERS OF AGRICULTURE Division of Water Resources DWR • Well Permit no. 294098 • Previous owner re -permitted residential well with commercial exempt uses 4/17/2014 • Condition of Approval for USRI2 0061 CWCWD • Water study in process AGPROfessionals DEVEI.OFCRS OF AGRICULTURE 1 1 r �. CAN,rnieff- t fal-n � T a teat *IC gr*: s +Mak '9 Detention Pond Parking & Equipment Proposed Site P weraurra PuWrfiriaCre 3' an. fintWwsElda. asimeips Fire Suppression Tank Residence r MIMIRICARI i an LEGEM — - INS PHEW* Dr lallICallor - .PT • FFC4+Stu1Mat lLlf =CIF MY Itii. txt ati genic an litla FSX5U slit airT! �5t;E:,s n 0 e e I ■ FRR7a1 AMR PIMCP a • ■ ■ a FY5L3a1TWO ;RL 1+ 613 MCC .Z34t.r.riPIK1 I_ KCC11i1 � IF$t,Yi KJG 4111 Kra KIWI% ' Witt Faa1,,as tffT FSIC.I1 •ni P:F.F Mrl r_:. ra r; 4t .c:1+.ate Ifit4 LAW1C -a PC ✓ r w:4' 411:CiWS+ MEVla:r HI N ISTA ar FOii1TOP flint AMA Pat 1C.f ?. AGPROfessionals DEVELOPERS OF AGRICULTURE Aeria i magery AGPRO fessionals DEVELOPERS OF AGRICULTURE Jessica Reid From: Sent: To: Cc: Subject: Attachments: Hannah Dutrow <hdutrow@agpros.com> Tuesday, August 20, 2024 1:56 PM Jessica Reid Diana Aungst; Chloe White; Esther Gesick; Jan Warwick RE: DRAFT RESO, 1MJUSR24-12-0061, COLORADO PROPERTY HOLDING COMPANY, LLC (BOCC 082124) RE242128_Redlined Dev Standards.docx Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, We sent this to Diana earlier but wanted to loop everyone in. Attached are changes to the development standards that we will be requesting tomorrow. If you have any questions, please let me know. Thank you, Hannah Dutrow Land Planner Idaho Planning Coordinator ACPROfessionals 3050 67th Avenue, Suite 200 Greeley, CO 80634 970-535-9318 office 303-775-0780 cell 970-535-9854 fax www.agpimatcom AGPROfessionals DEVELOPERS OF AGRICULTURE arroith Awards Jl,rE•.thic \ \Vainer =MERCURY FASTEST -GROWING tPRIVATE COMPANIES 2022 HONOREE et r74 COLORADO From: Jessica Reid <jreid@weld.gov> Sent: Tuesday, August 20, 2024 8:59 AM To: Hannah Dutrow <hdutrow@agpros.com> Cc: Diana Aungst <daungst@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: DRAFT RESO, 1MJUSR24-12-0061, COLORADO PROPERTY HOLDING COMPANY, LLC (BOCC 082124) Hi Hannah, Attached is the Draft Resolution prepared by the Clerk to the Board's Office which incorporates the Planning Commission Resolution into the Clerk's format. It in no way indicates approval by the Board of County 1 Commissioners, it simply allows staff a method of tracking any proposed changes to Conditions of Approval and Development Standards If you have any questions or correspondence related to this case, it is important that you `reply all' to ensure the appropriate staff receive and process the message in a timely fashion Jess Reid Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel 970-400-4212 Confidentiality Notice 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 2 DRAFT RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT, 1 MJUSR24-12-0061, FOR 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 - COLORADO PROPERTY HOLDING COMPANY, 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 21st day of August, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Colorado Property Holding Company, LLC, 4407 29th Street, Greeley, Colorado 80634. for a Site Specific Development Plan and Major Amended Use by Special Review Permit, 1MJUSR24-12-0061, for 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 the following described real estate. being more particularly described as follows: Lot A of 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. Colorado WHEREAS, at said hearing, the applicant was present/represented by [Representative], [Representative Address], 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. The applicant has demonstrated that the request is in conformance 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 [Weld County Comprehensive Plan] and any other applicable code provisions or ordinances in effect. 1) Section 22-2-30.A.1 states: Land use changes should not inhibit agricultural production nor operations." The subject property has 2024-2128 PL2202 SPECIAL REVIEW PERMIT (1MJUSR24-12-0061) — COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 2 - DRAFT historically been used for residential purposes, as the residence was constructed in 2004, under Building Permit #BCN-040286 2) 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 seances to oil and gas sites, as well as portable toilets to various lob sites, including oil and gas sites 3) 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 County Road (CR) 49 Screening of all storage areas is required The two (2) closest residences are west of State Highway 49 The properties to the north, east, and south are utilized for crop production, with the closest residence being about 2,200 feet east of the subject property The application materials included a Nuisance and Waste Management Plan, which indicated 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 residential noise limit, as indicated in the Development Standards Finally, on -site dust will be contained by watering surfaces, as necessary B Section 23-2-230 B 2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District 1) Section 23-3-10 — Intent, states "Agnculture 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 (Agncultural) Zone District is estabbshed to maintain and promote agnculture as an essential feature of the County The A (Agncultural) Zone District is intended to provide areas for the conduct of agncultural activities and activities related to agnculture and agncultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses " 2) Section 23-3-40 V — Uses by Special Review, of the Weld County Code allow for "Oil and Gas Support and Service" in Lots outside of a subdivision and historic townsites in the A (Agricultural) Zone District 2024-2128 PL2202 SPECIAL REVIEW PERMIT (1MJUSR24-12-0061) - COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 3 - DRAFT 3) Section 23-1-90 states "Oil and Gas Support and Service includes trucking companies principally engaged in the hauling of dnlhng 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 C Section 23-2-230 B 3 — The uses which will be permitted will be compatible with the existing surrounding land uses The five (5) adjacent, unincorporated parcels surrounding the site are zoned A (Agricultural) and the land uses include pastures, crops and rural residential There are 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 and 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 -inch high-pressure natural-gas pipelines The Weld County Department of Planning Services sent notice to five (5) surrounding property owners (SPOs) within 500 feet of the subject property and no correspondence was received The residence and the shop both utilize a commercial water well, Permit No 294098 The referral comments from the Division of Water Resources, dated April 1, 2024, stated that well is the only well on the site and is permitted for commercial uses 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 the Central Weld County Water District The proposed use is in an area that can support this development, and the 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 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 this Code or master plans of affected municipalities The site is not located within the three (3) mile referral area, an existing Intergovernmental Agreement (IGA) area, or within three (3) miles of a municipality 2024-2128 PL2202 SPECIAL REVIEW PERMIT (1MJUSR24-12-0061) - COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 4 - DRAFT E Section 23-2-230 B 5 — The application complies with Articles V and XI of Chapter 23 if the proposal is located within an overlay zoning distract 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, 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 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 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 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 there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and Weld 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 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Colorado Property Holding Company, LLC, for a Site Specific Development Plan and Major Amended Use by Special Review Permit, 1MJUSR24-12 0061, for 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 the parcel of land described above, be, and hereby is, granted subject to the following conditions 2024-2128 PL2202 SPECIAL REVIEW PERMIT (1MJUSR24-12-0061) — COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 5 - DRAFT Prior to recording the map A The existing Improvements and Road Maintenance Agreement (Reception No 3978862) shall be reviewed and revised, as necessary, to address the traffic associated with the proposed use of the site B A Final Drainage Report and Certificate of Compliance, stamped and signed by a Professional Engineer, registered in the State of Colorado, is. required C The applicant shall acknowledge the advisory 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 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 E The applicant shall provide evidence that the residence has water from either the Central Weld County Water District or an appropriately permitted well F A Lighting Plan shall be submitted to, and approved by, the Department of Planning Services G A Landscape and Screening Plan that screens the site from the surrounding property owners and rights -of -way shall be submitted to, and approved by, the Department of Planning Services H The map shall be amended to delineate the following 1) All sheets of the map shall be labeled 1 MJUSR24-12-0061 2) The attached Development Standards 3) The map shall be prepared, per Section 23-2-260 D and Section 23-4-1030 of the Weld County Code 4) The map shall delineate the existing landscaping and/or screening 5) The map shall delineate the parking spaces for the trucks and other vehicles 6) The map shall delineate at least eight (8) ADA parking spaces 2024-2128 PL2202 SPECIAL REVIEW PERMIT (1MJUSR24-12-0061) — COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 6 - DRAFT 7) The map shall delineate the storage and screening areas for the portable toilets 8) The applicant shall delineate the trash collection areas on the map Section 23-2-240 A 13 of the Weld County Code addresses the issue of trash collection areas 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 10) The applicant shall 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 11) The applicant shall 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 12) The applicant shall show and label all recorded easements and rights -of -way on the map by book and page number or Reception number and recording date 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 the existing right-of-way (along with its creating documents) and the physical location of the road on the USR map All setbacks shall be measured from the edge of the right-of-way This road is maintained by Weld County 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 The applicant shall contact Development Review for the location of the existing and future right-of-way and easements and delineate these on the map 15) The applicant shall 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 and Gas) 2024-2128 PL2202 SPECIAL REVIEW PERMIT (1MJUSR24-12-0061) — COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 7 - DRAFT 16) The applicant shall show and label the approved tracking control on the USR map 17) The applicant shall show and label the entrance gate, if applicable An access approach that is gated shall be designed so that the longest vehicle (including traders) 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 18) The applicant shall 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 19) The applicant shall show and label the drainage flow arrows 20) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property 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 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 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 three (3) month period 4 Prior to Construction A The approved access and tracking control shall be constructed B If more than one (1) acre of land is to be disturbed, a Weld County Grading Permit shall be required 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 2024-2128 PL2202 SPECIAL REVIEW PERMIT (1MJUSR24-12-0061) — COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 8 - DRAFT 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 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A D , 2024 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Kevin D Ross, Chair Weld County Clerk to the Board Perry L Buck, Pro-Tem BY Deputy Clerk to the Board Mike Freeman APPROVED AS TO FORM Scott K James County Attorney Lori Same Date of signature 2024-2128 PL2202 DRAFT SITE SPECIFIC DEVELOPMENT PLAN MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS COLORADO PROPERTY HOLDING COMPANY, LLC 1 MJUSR24-24-12-0061 1. Site Specific Development Plan and Major Amended Use by Special Review Permit, 1 MJUSR24-12-0061, is for 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. 2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of the Weld County Code. 3. Any future structures or uses onsite must obtain the appropriate Zoning and Building Permits. 4. The hours of operation are 24 hours a day, 7 days a week, as stated in the application materials. 5. The number of on -site employees shall be up to ten (10) and the number of drivers shall be up to 140. as stated in the application materials The number of commercia materials. 7 . No - stored on the site. vehicles s be up to 140, as stated in t �e app e, s 'cation be 8. Storage is to occur within designated screened areas on site.The extra roll offs and d-psters--shed-not be stored oh -the -site. 9. The parking area on the site shall be maintained. 10. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. 11. The existing and proposed landscaping and screening on the site shall be maintained in accordance with the accepted Landscape and Screening Plan. 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. 13. This site is partially located within the Airport Overlay District. 14. The property owner or operator shall be responsible for controlling noxious weeds on the 2024-2128 PL2202 Commented [HD1]: As the site is limited by employees. this number doesn't correspond with the spaces on site, and the site plan has been designed to be at capacity, we would request this be removed as a DS. Commented [HD2]: The presence of Derelict Vehicles is an allowed use in the Agricultural Zone. The site also includes two maintenance shops which will include the maintenance and repair of their equipment and vehicles. The request for a special use does not mean that a use by right can be removed. We would ask this condition be removed. Commented [HD3]: Request additional clarification on this. There are designated areas for storage which include portable toilets and equipment on site. Should the site need an additional dumpster or if a roll -off is on one of the trailers in the future this could be interpreted to be a violation of their development standards_ Commented [HD4]: The current landscaping was installed by the previous owner for the residence on site As a result of the DWR referral. we cannot guarantee that the existing landscaping will be able to be maintained at this time. We would ask that reference to the "existing" be struck from this standard. DEVELOPMENT STANDARDS (1MJUSR24-12-0061) - COLORADO PROPERTY HOLDING COMPANY. LLC PAGE 2 - DRAFT site. pursuant to Chapter 15, Articles I and II. of the Weld County Code. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall require an approved Right -of -Way Use Permit prior to commencement. The property owner shall comply with all requirements provided in the executed Improvements Agreement. The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 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. 21. Weld County is not responsible for the maintenance of on -site drainage related features. 22. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 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. C.R.S. §30-20-100.5. 24. 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. and the approved Waste Handling Plan. 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. 26. The facility shall adhere to the maximum permissible noise levels allowed in the Residential -Commercial or Light Industrial Zone. as delineated in C R.S. §25-12-103. 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 2024-2128 PL2202 Commented [HD5]: This is a commercial operation located next to a county highway and county road with significant background traffic. We would ask that the noise level be changed to either the Commercial [60dba to 55 dba] or Light Industrial [70dba to 65 dba] zones. DEVELOPMENT STANDARDS (1MJUSR24-12-0061) — COLORADO PROPERTY HOLDING COMPANY. LLC PAGE 3 - DRAFT good condition. 28. Adequate drinking, hand washing. and toilet facilities shall be provided for employees. at all times. For employees or contractors onsite for less than two (2) consecutive hours a day. and two (2) or less full-time employees onsite. 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. 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. 30. A Spill Prevention. Control, and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR. Part 112, shall be available onsite. as applicable. 31. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 32. Any On -site Wastewater Treatment Systems (OWTS) located on the property must comply with all provisions of the Weld County Code. pertaining to OWTS. 33. In the event the applicant intends to utilize the existing OWTS, 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. 34. A permanent. adequate water supply shall be provided for drinking and sanitary purposes for the residence and on -site employees. 35. Any vehicle or equipment washing area(s) shall capture all effluent and prevent discharges from the washing of portable toilets, equipment, and vehicles. 36. The applicant shall obtain a Colorado Discharge Permit System (CDPS) Permit from the Colorado Department of Public Health and Environment (CDPHE). Water Quality Control Division. as applicable. 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. 38. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code 2024-2128 PL2202 Commented [HD6]: This is addressed in Dev Standard 28 and the Condition of Approval requires adequate water source prior to recording the USR. DEVELOPMENT STANDARDS (1MJUSR24-12-0061) — COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 4 - DRAFT 39 Lighting shall be maintained in accordance with the approved Lighting Plan 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 41 Budding Permits may be required for any new construction, set up of manufactured structures, or change of use of existing buildings, per Section 29-3-10 of the Weld County Code Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently, the following have been adopted by Weld County 2018 International Codes, 2018 International Energy Conservation Code, and 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, or an Open Hole Inspection shall be required A Building Permit must be issued prior to the start of construction 42 Building Permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs 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 44 All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700, as amended 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 2024-2128 PL2202 DEVELOPMENT STANDARDS (1MJUSR24-12-0061) - COLORADO PROPERTY HOLDING COMPANY, LLC PAGE 5 - DRAFT 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 the Department 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 2024-2128 PL2202 Hello