HomeMy WebLinkAbout20250563.tiffResolution
Approve Vacation, VAC25-0003, of Use by Special Review Permit, USR18-0044 —
Tricycle Lane Texas, LLC, c/o Scott Burns
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, by Resolution dated October 3, 2018, the Board approved Use by Special
Review Permit, USR18-0044, for Mineral Resource Development Facilities including a
Concrete Batch Plant, material stockpiles, an office, outdoor truck and employee parking
in the A (Agricultural) Zone District for Tricycle Lane Texas, LLC, on the following
described real estate, to -wit:
Corrected Lot B of 2nd Amended Recorded Exemption, RE -1053; being
part of the SE1/4 of Section 12, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
Whereas, the Board has received a request from the current property owner, Tricycle
Lane Texas, LLC, c/o Scott Burns, 5055 11th Street Northeast, Calgary, AB T2E 8N4,
Canada, to vacate Use by Special Review Permit, USR18-0044, 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 recommendations of
Department of Planning Services staff, and all of the exhibits and evidence presented in
this matter, and having been fully informed, deems it advisable to approve said vacation.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that Use by Special Review Permit, USR18-0044, be, and hereby is, vacated.
5014772 Pages: 1 of 2
03/06/2025 10:13 AM R Fee:$0.00
Carly KoRPes, Clerk and Recorder, Weld County , CO
VIII II U3:01111'11 V% UN, "III
co'.PL(DE/MN/DA\, A SR(SG),
APPL.
03/2/25
2025-0563
PL2597
Vacation, VAC25-0003, of Use by Special Review Permit, USR18-0044 — Tricycle Lane
Texas, LLC, do Scott Burns
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 26th day of February, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5014772 Pages: 2 of 2
03/06/2025 10:13 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
RIFI l4WANIMJi AIII !'�i ltikl ItIZ I *1114 II III
2025-0563
PL2597
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners CASE: VAC25-0003
FROM: Diana Aungst, Principal Planner
SUBJECT: Vacation of USR18-0044 concrete batch plant and materials processing
HEARING DATE: February 26, 2025
APPLICANT: Tricycle Lane Texas LLC do Scott Burns
5055 11th Street NE, Calgary, AB T2E 8N4, Canada
LEGAL Lot B 2nd Amended Corrected Recorded Exemption RE -1053 being a part of
DESCRIPTION: the SE4 of Section 12, Township 5 North Range 65 West of the 6th P.M., Weld
County Colorado
LOCATION: North of and adjacent to County Road 58; Approximately 2900 -feet west of
County Road 49.5
PARCEL #: 0961-12-0-00-130
PARCEL SIZE: +/- 34.37 acres ZONE DISTRICT: A (Agricultural)
Summary:
On October 3, 2018, USR18-0044 was approved by the Board of County Commissioners for "Mineral
Resource Development Facilities including a concrete batch plant, material stockpiles, an office, outdoor
truck and employee parking in the A (Agricultural) Zone District."
On April 17, 2019, USR18-0044 was recorded on under Reception No. 4481999.
On July 10, 2019, Weld County Ordinance No. 2019-02 removed Asphalt and Concrete Batch Plants from
Uses by Special Review outside of subdivisions and historic townsites in the A (Agricultural) Zone District.
On April 18, 2022, the Board of County Commissioners approved a one-year extension to October 3, 2023,
in order for the owner/operator to have this additional time to commence operations. Section 23-2-290 of
the Code states that from the date of approval the applicant shall have three (3) years to commence the
construction.
Chapter 23, Article II, Division 4, Section 23-2-290 addresses Termination of Use
A. 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.
and
D. 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
Vacation of USR18-0044
Page 1 of 2
2025-0563
-r7L zscri
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.
On December 3, 2024, a neighbor to this USR contacted the Department of Planning Services to request
that the County utilize Section 23-2-290.A. and request the applicant of USR18-0004 to vacate this USR.
On December 10, 2024 the Department of Planning Services, per Section 23-2-290.A., sent a certified letter
to the owner, Tricycle Lane Texas, LLC, do Scott M. Burns, with a request to complete the vacation request
application. After a phone call follow up, the applicant indicated that they would be willing to vacate this
USR18-0044 and submitted the application materials to process the vacation.
On February 4, 2025 staff received a letter requesting to vacate Use by Special Review permit USR18-
0044.
The Department of Planning Services is recommending approval of this vacation.
Vacation of USR18-0044
Page 2 of 2
To Whom it May Concern,
l/We SCOTT BURNS
(Name(s) of Property Owner(s))
are writing to request the (complete / partial) vacation of WELD COUNTY USR 18-0044
(Circle one.) (Insert case number.)
SCOTT BURNS
Print: Owner = Authorized Agent
Date
Print: Owner or Authorized Agent Date
Signaturb: Owner
� or Authorized Agent Signature: Owner or Authorized Agent
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USR 18-0044
LOCATED IN THE SE1/4 SECTION 12, T6N,
R65W OF THE 6TH P.M.,
COUNTY OF WELD,
STATE OF COLORADO
AREA = 28.15 ACRES, MORE OR LESS
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USR 18-0044
LOCATED IN THE SE1/4 SECTION 12,
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STATE OF COLORADO
AREA = 28.15 ACRES, MORE OR LESS
LIGHTING PLAN NOTES
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Use by Special Review Vacation Application
Planninct Department Use: Date Received:
Amount $ Case # Assigned.
Application Received By: Planner Assigned:
Complete Vacation (Revokes the USR/SUP/CUP.)
❑ Partial Vacation of a USR. A Partial Vacation USR map is required. The boundaries of the USR must
match the property boundaries.
Property Information
Case Number/Title of USR to be vacated/partially vacated: USR18-0044
Site Address: No Site Address
Parcel Number 0 9 6 1- 1 2- 0- 0 0- 1 3 0
Parcel Number: ---_-___
PT SE4 12-5-65 CORR LOT 8 2ND AMD
Legal Description: REC EXEMPT RE -1053 (.638) Section: 12 , Township 5 N, Range 65 w
Property Owner(s) (Attach additional sheets if necessary.)
Name: SCOTT BURNS
Company: TRICYCLE LANE TEXAS LLC
Phone#: 403-640-9236 Email: scott.burns@burnco.com
Street Address: 5055 11 St NE
City/State/Zip Code: Calgary, AB T2E 8N4, Canada
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name: N/A
Company:
Phone #:
Email:
Street Address:
City/State/Zip Code:
I (We) hereby depose and state under penalties of perjury that all statements. proposals, and/or plans submitted with or contained
within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this
application, or if -Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application.
If the fee ow r is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the
corporation.
wner or Authfbniaed-lAgent Date Signature: Owner or Authorized Agent Date
SCOTT BURNS
Print: Owner or Authorized Agent
Print Owner or Authorized Agent
04/24
3
2/14/25, 10:29 AM
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Summary
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Name
Tricycle Lane Texas LLC
Status
Good Standing
Formation date
03/21/2017
ID number
20171214692
Form
Foreign Limited Liability Company
Periodic report month
March
Jurisdiction
Texas
Principal office street
address
11401 County Road 9 3/4, Longmont, CO 80504, United States
Principal office mailing
address
11401 County Road 9 3/4, Longmont, CO 80504, United States
Registered Agent
Name
Capitol Corporate Services, Inc.
Street address
36 South 18th Avenue, Suite D, Brighton, CO 80601, United States
Mailing address
36 South 18th Avenue, Suite D, Brighton, CO 80601, United States
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https://sos.state.co. us/bizBusinessEntityDetail.do?quitButtonDestination=BusinessEntityResults&nameTyp=ENT&masterFileld=20171214692&entityl... 1/1
AMENDED AND RESTATED COMPANY AGREEMENT
OF
TRICYCLE LANE TEXAS LLC
• Dated as of June 10, 2014
Oardere0I - 6350543x.5
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS 1
1.1 Definitions I
I.2 Construction 1
ARTICLE II ORGANIZATION 1
2.1 Formation 1
2.2 Name 1
2.3 Registered Office; Registered Agent; Principal Office in the United States;
Other Offices 1
2.4 Purposes 2
2.5 Foreign Qualification 2
2.6 Term 2
2.7 Mergers and Exchanges 2
ARTICLE III MEMBERSHIP 2
3.1 Member 2
3.2 Liability to Third Parties 2
3.3 Reliance 2
ARTICLE IV CAPITAL CONTRIBUTIONS; DISTRIBUTIONS 2
4.1 Initial Contribution 2
4.2 Subsequent Contributions 3
4.3 Distributions 3
ARTICLE V MANAGEMENT BY MANAGERS; OFFICERS 3
5.1 Management by Managers 3
5.2 Actions by Managers4
5.3 Number and Term of Office 4
5.4 Vacancies; Removal; Resignation 5
5.5 Meetings. 5
5.6 Approval or Ratification of Acts or Contracts by Member6
5.7 Action by Written Consent or Telephone Conference 6
5.8 Conflicts of Interest 6
5.9 Officers. 6
5.10 Reimbursement 8
5.11 Duties of Members and Manager 8
ARTICLE VI INDEMNIFICATION 8
6.1 Right to Indemnification 8
6.2 Insurance 9
6.3 Savings Clause 10
i
Gardere0l -6350543x,5
ARTICLE VII TRANSFERS OF MEMBERSHIP INTEREST AND ADMISSION OF
MEMBERS I O
7.1 Disposition 10
7.2 Admission of Additional Members 10
ARTICLE VIII TAXES 10
8.1 Disregard of Entity 10
8.2 Tax Returns 10
8.3 Tax Elections 10
ARTICLE IX BOOKS, RECORDS, REPORTS, AND BANK ACCOUNTS 10
9.1 Maintenance of Books 11
9.2 Accounts 11
ARTICLE X WINDING UP AND TERMINATION 11
10.1 Events to Wind Up 11
10.2 Winding Up and Termination 11
10.3 Certificate of Termination 12
ARTICLE XI GENERAL PROVISIONS 12
11.1 Payment of Expenses and Compensation 12
11.2 Entire Agreement 12
11.3 Effect of Waiver or Consent 12
11.4 Amendments to Agreement or Certificate 12
11.5 Binding Effect 12
11.6 Governing Law; Severability 13
11.7 Creditors 13
Schedule 1
ii
Gardcre0l -6350543x,5
AMENDED AND RESTATED COMPANY AGREEMENT
OF
TRICYCLE LANE TEXAS LLC
A Texas Limited Liability Company
THIS AMENDED AND RESTATED COMPANY AGREEMENT OF TRICYCLE
LANE TEXAS LLC (this "Agreement"), dated as of June 10, 2014, is adopted and entered into
by Tricycle Lane USA, Inc., a Texas corporation, as the sole member of the Company. This
Agreement amends, restates and supersedes the Company Agreement of the Company dated as
of August 20, 2013.
ARTICLE I
DEFINITIONS
1.1 Definitions. Capitalized terms contained herein shall have the meanings set forth
in Schedule 1 attached hereto and incorporated herein.
1.2 Construction. Whenever the context requires, references in this Agreement to
the singular number shall include the plural and the plural number shall include the singular, and
the gender of all words used in this Agreement includes the masculine, feminine, and neuter.
Unless the context makes clear to the contrary, all references to an Article or a Section refer to
articles and sections of this Agreement, and all references to Exhibits or Schedules refer to
exhibits and schedules attached hereto, each of which is made a part hereof for all purposes.
ARTICLE II
ORGANIZATION
2.1 Formation. The Company has been organized as a Texas limited liability
company by the filing of its Certificate of Formation (the "Certificate") under and pursuant to
the TBOC.
2.2 Name. The name of the Company is "Tricycle Lane Texas LLC"; all Company
business must be conducted in that name or such other names that comply with applicable law as
the Managers may select from time to time.
2.3 Registered Office; Registered Agent; Principal Office in the United States;
Other Offices. The registered office of the Company required by the TBOC to be maintained in
the State of Texas shall be the office of the initial registered agent named in the Certificate or
such other office as the Managers may designate from time to time in the manner provided by
law. The registered agent of the Company in the State of Texas shall be the initial registered
agent named in the Certificate or such other Person as the Managers may designate from time to
time in the manner provided by law. The principal office of the Company in the United States
shall be at such place as the Managers may designate from time to time, which need not be in the
State of Texas, and the Company shall maintain records there as required by Sections 3.151 and
101.501 of the TBOC. The Company may have such other offices as the Managers may
designate from time to time.
Gardere0l • 6350543v.S
2.4 Purposes. The purpose of the Company is to transact any and all lawful business
for which limited liability companies may be organized tinder the TBOC, and to do all things
necessary or incidental thereto to the fullest extent permitted by law.
2.5 Foreign Qualification. Prior to the Company's conducting business in any
jurisdiction other than Texas, the Managers shall cause the Company to comply, to the extent
procedures are available and those matters are reasonably within the control of the Managers,
with all requirements necessary to qualify the Company as a foreign limited liability company in
that jurisdiction. The officers (or any of them) shall execute, acknowledge, swear to, and deliver
all certificates and other instruments conforming with this Agreement that are necessary or
appropriate to qualify, continue, or terminate the Company as a foreign limited liability company
in all such jurisdictions in which the Company may conduct business or cease to conduct
business.
2.6 Term. The Company commenced on the date of filing of the Certificate with the
Secretary of State of Texas and shall continue in existence until terminated after its business and
affairs are wound up in accordance with ARTICLE X.
2.7 Mergers and Exchanges. The Company may be a party to a merger,
consolidation, conversion, or other reorganization of the types permitted by the TBOC,
ARTICLE III
MEMBERSHIP
3.1 Member. The sole Member of the Company is Tricycle Lane USA, Inc., which
is admitted to the Company as a Member effective contemporaneously with the execution by
such Person of this Agreement (or, if later, upon filing of the Certificate).
3.2 Liability to Third Parties. The Member shall not be liable for the debts,
obligations, or liabilities of the Company (whether arising in contract, tort, or otherwise),
including under a judgment, decree, or order of a court or arbitrator. The failure of the Company
to observe any formalities or requirements relating to the exercise of its powers or the powers of
the Member under this Agreement or the TBOC shall not be grounds for imposing any liability
on the Member for the debts, obligations, or liabilities of the Company.
3.3 Reliance. The Member shall be entitled to rely on the provisions of this
Agreement, and the Member shall not be liable for any action or refusal to act taken in good faith
reliance on the terms of this Agreement. The duties and obligations imposed on the Member as
such shall be those set forth in this Agreement, which are intended to govern the relationship
between the Company and the Member, notwithstanding any provision of the TBOC or common
law to the contrary.
ARTICLE IV
CAPITAL CONTRIBUTIONS; DISTRIBUTIONS
4.1 Initial Contribution. Contemporaneously with the execution by the Member of
this Agreement, the Member shall make an initial Capital Contribution. No interest shall accrue
2
GarderetI - 6350543v.5
on any contribution and the Member shall not have the right to withdraw or be repaid any
contribution except as provided in this Agreement.
4.2 Subsequent Contributions. Additional Capital Contributions may be made by
the Member at its discretion. Notwithstanding anything in this Agreement to the contrary, the
Member shall not be required to make any future Capital Contributions.
4.3 Distributions. The Company may make such distributions as are determined by
the Managers from time to time in their discretion. No distribution shall be made unless,
immediately after the distribution, the fair value of the total assets of the Company equals or
exceeds the total liabilities of the Company, all in accordance with Section 101.206 of the
TBOC.
ARTICLE V
MANAGEMENT BY MANAGERS; OFFICERS
5.1 Management by Managers.
(a) Except for situations in which the approval of the Member is required by
nonwaivable provisions of applicable law, and subject to the provisions of Section 5.1(4 (1) the
powers of the Company shall be exercised by or under the authority of, and the business and
affairs of the Company shall be managed under the direction of, the Managers; and (2) the
Managers may make all decisions and take all actions for the Company not otherwise provided
for in this Agreement, including, without limitation, the following:
(i) entering into, making, and performing contracts, agreements, and
other undertakings binding the Company that may be necessary, appropriate, or
advisable in furtherance of the purposes of the Company and making all decisions
and waivers thereunder;
(ii) opening and maintaining financial institution and investment
accounts and arrangements, drawing checks and other orders for the payment of
money, and designating individuals with authority to sign or give instructions
with respect to those accounts and arrangements;
(iii) maintaining or causing to be maintained the assets of the
Company;
(iv) collecting sums due the Company;
(v) to the extent that funds of the Company are available therefor,
paying debts and obligations of the Company;
(vi) acquiring, utilizing for Company purposes, and disposing of any
asset of the Company;
3
sedere0l . 6350543v.5
(vii) borrowing money or otherwise committing the credit of the
Company for Company activities and voluntary prepayments or extensions of
debt;
(viii) selecting, removing, and changing the authority and responsibility
of lawyers, accountants, and other advisers and consultants;
(ix) obtaining insurance for the Company;
(x) determining distributions of Company cash and other property as
provided in Section 4.3; and
(xi) instituting, prosecuting, defending, and settling any legal,
arbitration, or administrative actions or proceedings on behalf of or against the
Company.
(b) Notwithstanding the provisions of Section 5.1(a), the Managers may not
cause the Company to do any of the following without complying with any applicable
requirements of the TBOC:
(i) sell, lease, exchange, or otherwise dispose of (other than by way of
a pledge, mortgage, deed of trust, or trust indenture) all or substantially all the
Company's property and assets (with or without good will), outside the usual and
regular course of the Company's business;
(ii) be a party to a merger or an exchange or acquisition;
(iii) amend or restate the Certificate; and
(iv) any other action which the Member by written action restricts the
Manager from taking.
5.2 Actions by Managers.
(a) In managing the business and affairs of the Company and exercising its
powers, the Managers shall act collectively through meetings and written consents pursuant to
Sections 5,5 and 11.
(b) Any Person dealing with the Company, other than a Member, may rely on
the authority of any Manager or officer in taking any action in the name of the Company without
inquiry into the provisions of this Agreement or compliance herewith, regardless of whether that
action actually is taken in accordance with the provisions of this Agreement.
5.3 Number and Term of Office. The number of Managers shall be decided by the
Member from time to time. The initial Manager shall be the person set forth in the Certificate.
Each Manager shall hold office for the term for which he is elected and thereafter until his
successor shall have been elected and qualified, or until his earlier death, resignation, or removal.
4
Gardere0l - 6350543v.5
Unless otherwise provided in the Certificate, Managers need not be Members or residents of the
State of Texas.
5.4 Vacancies; Removal; Resignation. Subject to other provisions of this
Section 5.4, any vacancy occurring in the Managers may be filled by the consent of the Member.
A Manager elected to fill a vacancy shall be elected for the unexpired term of his predecessor in
office. Any Manager position to be filled by reason of an increase in the number of Managers
shall be filled by the consent of the Member. At any time and with or without cause, the
Member may by its consent terminate the term of office of all or any of the Managers. Such
removal shall be effective immediately upon such Member action even if successors are not
elected simultaneously, and the Manager vacancies caused by such action shall be filled only by
election by the Member. Any Manager may resign at any time. Such resignation shall be made
in writing and shall take effect at the time specified therein, or if no time be specified, at the time
of its receipt by the remaining Managers or the Member. The acceptance of a resignation shall
not be necessary to make it effective, unless expressly so provided in the resignation.
5.5 Meetings.
(a) Unless otherwise required by law or provided in the Certificate or this
Agreement, the presence of Scott Bums (or, in the event of his death, incapacity or disability, a
Person designated in writing by the Estate or personal representative of Scott Burns, as the case
may be) shall constitute a quorum for the transaction of business of the Managers, and the act of
all of the Managers present at a meeting at which a quorum is present shall be the act of the
Managers. A Manager whu is present at a meeting of the Managers at which action on any
Company matter is taken shall be presumed to have assented to the action unless his dissent shall
be entered in the minutes of the meeting or unless he shall file his written dissent to such action
with the Person acting as secretary of the meeting before the adjoumment thereof or shall deliver
such dissent to the Company immediately after the adjournment of the meeting. Such right to
dissent shall not apply to a Manager who voted in favor of such action.
(b) Meetings of the Managers may be held at such place or places as shall be
determined from time to time by resolution of the Managers. At all meetings of the Managers,
business shall be transacted in such order as shall from time to time be determined by resolution
of the Managers. Attendance of a Manager at a meeting shall constitute a waiver of notice of
such meeting, except where a Manager attends a meeting for the express purpose of objecting to
the transaction of any business on the ground that the meeting is not lawfully called or convened.
(c) Regular meetings of the Managers shall be held at such times and places
as shall be designated from time to time by resolution of the Managers. Notice of such regular
meetings shall not be required.
(d) Special meetings of the Managers may be called by any Manager or the
Member on at least 24 hours' notice to each other Manager. Such notice need not state the
purpose or purposes of, nor the business to be transacted at, such meeting, except as may
otherwise be required by law or provided for by the Certificate or this Agreement.
5
Gardere0l - 6350543v.5
5.6 Approval or Ratification of Acts or Contracts by Member. The Managers in
their discretion may submit any act or contract for approval or ratification by the Member, and
any act or contract that shall be approved or be ratified by the Member shall be valid and binding
upon the Company. Failure of the Managers for any reason (or for no reason) to submit any act
or contract to the Member for approval or ratification shall not in any way act to, or be deemed
to, make such act or contract void or voidable.
5.7 Action by Written Consent or Telephone Conference. Any action permitted or
required by the TBOC, the Certificate, or this Agreement to be taken at a meeting of the Member
or the Managers may be taken without a meeting, without prior notice, and without a vote if a
consent in writing, setting forth the action to be taken, is signed by the Member or all of the
Managers, as the case may be. Subject to the requirements of the TBOC, the Certificate, or this
Agreement for notice of meetings, unless otherwise restricted by the Certificate, Managers may
participate in and hold a meeting of the Managers by means of a conference telephone or similar
communications equipment by means of which all Persons participating in the meeting can hear
each other; and participation in such meeting shall constitute attendance and presence in person
at such meeting, except where a Person participates in the meeting for the express purpose of
objecting to the transaction of any business on the ground that the meeting is not lawfully called
or convened.
5.8 Conflicts of Interest. Subject to the other express provisions of this Agreement,
the Member and, in the absence of a contrary action or resolution by the Member, each Manager
and officer of the Company, at any time and from time to time may engage in and possess
interests in other business ventures of any and every type and description, independently or with
others, including ones in competition with the Company, wills no obligation to offer to the
Company or any other Member, Manager, or officer the right to participate therein. Nothing in
the preceding sentence shall in any way eliminate or reduce any obligation of any Person to hold
any information or trade secret confidential. The Company may transact business with any
Manager, Member, officer, or Affiliate thereof, provided the terms of those transactions are no
less favorable than those the Company could obtain from unrelated third parties.
5.9 Officers.
(a) Generally. The Managers may, from time to time, designate one or more
persons to be officers of the Company. No officer need be a resident of the State of Texas, a
Manager, or a Member. Any officers so designated shall have such authority and perform such
duties as provided in this Agreement or as the Managers may, from time to time, otherwise
delegate to them. The Managers may assign titles to particular officers. Unless the Managers
determine otherwise, if the title is one commonly used for officers of a business corporation, the
assignment of such title shall constitute the delegation to such officer of the authority and duties
that are normally associated with that office, subject to any specific delegation of authority and
duties made to such officer by the Managers or by this Agreement. Each officer shall hold office
until his successor shall be duly designated and shall qualify or until his death or resignation, or
his removal in the manner hereinafter provided. Any number of offices maybe held by the same
Person. The salaries or other compensation, if any, of the officers and agents of the Company
shall be fixed from time to time by the Managers.
6
Gardcre0l - 6350543v.5
(b) Initial Officers. Effective as of the date first set forth above, the initial
officers of the Company are as follows:
Name
Scott Bums
Office
President and Secretary
Each of the officers set forth above shall serve in such capacity until such
officer's successor shall have been elected and qualified, or until such officer's earlier death,
resignation, or removal in accordance with Section 5.9(c).
(c) Resignation; Removal. Any officer may resign as such at any time.
Such resignation shall be made in writing and shall take effect at the time specified therein, or if
no time be specified, at the time of its receipt by the Managers. The acceptance of a resignation
shall not be necessary to make it effective, unless expressly so provided in the resignation. Any
officer may be removed as such, either with or without cause, by the Managers whenever in their
judgment the best interests of the Company will be served thereby; provided, however, that such
removal shall be without prejudice to the contract rights, if any, of the Person so removed.
Designation of an officer shall not of itself create contract rights. Any vacancy occurring in any
office of the Company (other than Manager) may be filled by the Managers.
(d) President. The President shall be the chief executive officer of the
Company and, subject to the provisions of this Agreement, shall have general supervision of the
affairs of the Company and shall have general and active control of all its business. He shall see
that all orders and resolutions of the Managers are carried into effect. He shall have general
authority to execute bonds, deeds, and contracts in the name of the Company and affix the
Company seal thereto; to cause the employment or appointment of such employees and agents of
the Company as the proper conduct of operations may require, and to fix their compensation,
subject to the provisions of this Agreement; to remove or suspend any employee or agent who
shall have been employed or appointed under his authority or under authority of an officer
subordinate to him; to suspend for cause, pending final action by the authority which shall have
elected or appointed him, any officer subordinate to the President; and, in general, to exercise all
the powers and authority usually appertaining to the chief executive officer of a corporation,
except as otherwise provided in this Agreement,
(e) Vice Presidents. In the absence of the President or in the event of his
inability or refusal to act, the Vice President, if any (or in the event there be more than one, the
Vice Presidents in the order designated or, in the absence of any designation, then in the order of
their election), shall perform the duties of the President, and when so acting, shall have all the
powers of and be subject to all the restrictions upon the President. The Vice President shall
perform such other duties and have such other powers as the Managers may prescribe.
(f) Secretary. The Secretary shall perform such duties as may be prescribed
by the Managers or the President, under whose supervision he shall be. He shall have custody of
the company seal of the Company (if any) and he shall have authority to affix the same to any
instrument requiring it, and when so affixed, it may be attested by his signature. The Managers
may give general authority to any other officer to affix the seal of the Company and to attest the
affixing by his signature. The Secretary shall keep and account for all books, documents, papers,
7
Gazdere0l - 5350543v.5
and records of the Company except those for which sonic other officer or agent is properly
accountable. He shall generally perform all the duties usually appertaining to the office of the
secretary of a corporation.
(g) Treasurer. The Treasurer shall have the custody of the Company funds
and securities and shall keep full and accurate accounts of receipts and disbursements in books
belonging to the Company and shall deposit all moneys and other valuable effects in the name
and to the credit of the Company in such depositories as may be designated by the Managers or
the President. He shall disburse the funds of the Company as may be ordered by the Managers,
taking proper vouchers for such disbursements, and shall render to the President or the Managers
(when the Managers so require) an account of all his transactions as Treasurer and of the
financial condition of the Company. The Treasurer shall perform such other duties as may be
prescribed by the Managers or the President.
(h) Bonding. If required by the Managers, all or certain of the officers shall
give the Company a bond, in such form, in such sum, and with such surety or sureties as shall be
satisfactory to the Managers, for the faithful performance of the duties of their office and for the
restoration to the Company, in case of their death, resignation, retirement, or removal from
office, of all books, papers, vouchers, money, and other property of whatever kind in their
possession or under their control belonging to the Company.
5.10 Reimbursement. The Member, the Managers, and the officers of the Company
shall be entitled to be reimbursed for reasonable out-of-pocket costs and expenses incurred in the
course of their service hereunder.
5.11 Duties of Members and Manager. The Member and the Managers shall not be
liable to the Company for any act or omission in their respective capacities as Member or as
Managers of the Company, even if the act or omission furthers the Member's or Managers' own
interests. In discharging his duties, the Member and Managers shall be fully protected in relying
in good faith upon the records required to be maintained under Section 3.151 of the TBOC and
upon such information, opinions, reports, or statements by any of its agents, or by any other
Person as to matters the Member or Managers reasonably believe are within such other Person's
professional or expert competence and who or which has been selected with reasonable care by
or on behalf of the Company, including (without limitation) information, opinions, reports, or
statements as to the value and amount of the assets, liabilities, Profits, or Losses of the Company
or any other facts pertinent to the existence and amount of assets from which distributions to the
Member might be properly paid. Any repeal or amendment of this Section, or adoption of any
other provision of the Certificate or this Agreement inconsistent with this Section shall be
prospective only and shall not adversely affect any limitation on the liability to the Company of
the Members or Managers existing at the time of such repeal, amendment, or adoption of an
inconsistent provision.
ARTICLE VI
INDEMNIFICATION
6.1 Right to Indemnification. The Company shall indemnify the Member and each
Manager and officer of the Company against any and all liability and reasonable expense that
8
Qazdere0l -6350543x.5
1
may be incurred by it or him in connection with or resulting from (a) any threatened, pending, or
completed action, suit, or proceeding, whether civil, criminal, administrative, arbitrative, or
investigative (collectively, a "Proceeding"), (b) an appeal in such a Proceeding, or (c) any
inquiry or investigation that could lead to such a Proceeding, all to the fullest extent permitted by
applicable law. Upon a determination by the Managers to do so, the Company may indemnify
persons who are an employee or agent of the Company, or persons who are not or were not
employees or agents of the Company but who are or were serving at the request of the Company
as a director, manager, officer, trustee, employee, agent, or similar functionary of another foreign
or domestic corporation, limited liability company, trust, partnership, joint venture, sole
proprietorship, employee benefit plan, or other enterprise (collectively, along with any managers,
officers, employees, and agents of the Company, such persons are referred to herein as
"Company Functionaries") against any and all liability and reasonable expense that may be
incurred by them in connection with or resulting from (a) any Proceeding, (b) an appeal in such a
Proceeding, or (c) any inquiry or investigation that could lead to such a Proceeding, all to the
fullest extent permitted by applicable law. The Company will pay or reimburse to the Member
and each Manager and officer of the Company, and upon a determination by the Managers to do
so, the Company may pay or reimburse, in advance of the final disposition of the Proceeding, to
any person who is an employee or agent of the Company all reasonable expenses incurred by
such person who was, is, or is threatened to be made a named defendant or respondent in a
Proceeding to the full extent permitted by applicable law. The rights of indemnification
provided for in this ARTICLE VI shall be in addition to all rights to which any Company
Functionary may be entitled under any agreement or vote of the Managers or as a matter of law
or otherwise. Any repeal or amendment of this Section 6.1, or adoption of any other provision of
this Agreement inconsistent with this Section 6.1, shall be prospective only and shall not
adversely affect any right to indemnification existing at the time of such repeal, amendment, or
adoption of an inconsistent provision.
6.2 Insurance. The Company may purchase or maintain insurance on behalf of any
Company Functionary against any liability asserted against him and incurred by him in such a
capacity or arising out of his status as a Company Functionary, whether or not the Company
would have the power to indemnify him against the liability under the TBOC or this Agreement;
provided, however, that if the insurance or other arrangement is with a Person that is not
regularly engaged in the business of providing insurance coverage, the insurance or arrangement
may provide for payment of a liability with respect to which the Company would not have the
power to indemnify the Person only if including coverage for the additional liability has been
approved by the Managers. Without limiting the power of the Company to procure or maintain
any kind of insurance or arrangement, the Company may, for the benefit of Persons indemnified
by the Company, (a) create a trust fund, (b) establish any form of self-insurance, including a
contract to indemnify, (c) secure its indemnification obligation by grant of any security interest
or other lien on the assets of the Company, or (d) establish a letter of credit, guaranty, or surety
arrangement. Any such insurance or other arrangement may be procured, maintained, or
established within the Company or its Affiliates or with any insurer or other Person deemed
appropriate by the Managers, regardless of whether all or part of the stock or other securities
thereof are owned in whole or in part by the Company. In the absence of fraud, the judgment of
the Managers as to the terms and conditions of such insurance or other arrangement and the
identity of the insurer or other Person participating in an arrangement shall be conclusive, and
the insurance or arrangement shall not be voidable and shall not subject the Managers approving
oardae0l - 6350543,',5
9
the insurance or arrangement to liability, on any ground, regardless of whether the Managers
participating in approving such insurance or other arrangement shall be beneficiaries thereof.
63 Savings Clause, If this ARTICLE VI or any portion hereof shall be invalidated
on any ground by any court of competent jurisdiction, then the Company shall nevertheless
indemnify and hold harmless each Person indemnified pursuant to this ARTICLE VI as to costs,
charges and expenses (including attorneys' fees), judgments, fines, and amounts paid in
settlement with respect to any action, suit, or proceeding, whether civil, criminal, administrative,
or investigative, to the fullest extent permitted by any applicable portion of this ARTICLE VI
that shall not have been invalidated and to the fullest extent permitted by applicable law.
ARTICLE VII
TRANSFERS OF MEMBERSHIP INTEREST AND ADMISSION OF MEMBERS
7.1 Disposition. The Member's Membership Interest is transferable either
voluntarily or by operation of law, by sale, assignment, transfer, exchange, mortgage, pledge,
grant, hypothecation, or otherwise, whether or not for consideration, absolutely or as security or
encumbrance. Upon the transfer of the Member's Membership Interest, the transferee shall be
admitted as a Member upon consent of the transferring Member at the time the transfer is
completed.
7.2 Admission of Additional Members. Upon the approval of the Member, the
Managers may admit additional Members and determine the amount of capital contributions and
the percentage interests in the Company to be held by such new Members. Upon admission of
any new Member, this Agreement shall be amended as shall be agreed by the Members, and shall
provide (among other things) for allocations and distributions of profits and losses between the
Members, voting, and other matters deemed appropriate by the Members.
ARTICLE VIII
TAXES
8.1 Disregard of Entity. Pursuant to Treasury Regulations § 301.7701-2(a), the
Company shall be disregarded for federal income tax purposes because it has a single Member,
and shall be treated for federal income tax purposes (only) as a sole proprietorship of its
Member.
8.2 Tax Returns. The Managers shall cause to be prepared and filed any necessary
federal and state income tax returns for the Company, including reporting the elections described
in Section 8.3.
8.3 Tax Elections. The Managers of the Company shall make any tax election
including, without limitation, whether the Company shall adopt a cash or accrual method of
accounting and whether the Company shall elect to amortize the organizational expenses of the
Company and the start-up expenditures of the Company ratably as permitted under Section 195
and Section 709(b) of the Code.
ARTICLE IX
BOOKS, RECORDS, REPORTS, AND BANK ACCOUNTS
10
Gardere0l - 63505430.5
9.1 Maintenance of Books. The Managers shall cause the Company to keep books
and records of account and shall keep records of the formal resolutions of the Managers. The
books of account for the Company shall be maintained on a cash or accrual basis (as determined
by the Managers) in accordance with the terms of this Agreement. The calendar year (or such
other year as maybe determined by the Managers from time to time) shall be the accounting year
of the Company.
9.2 Accounts. The Managers shall establish and maintain one or more separate
financial institution and/or investment accounts and arrangements for Company funds in the
Company name and with financial institutions and firms that the Managers may determine.
ARTICLE X
WINDING UP AND TERMINATION
10.1 Events to Wind Up. The Company shall wind up on the first to occur of the
following:
(a) the election or determination of the Member to do so; or
(b) the entry of a decree of judicial winding up and termination of the
Company under Section 11.314 of the TBOC.
10.2 Winding Up and Termination. Upon any event requiring winding up of the
Company, the Managers shall serve as liquidator. The liquidator shall proceed diligently to wind
up the affairs of the Company and make final distributions as provided herein and in the TBOC.
The costs of winding up shall be a Company expense. Until final distribution, the liquidator
shall continue to operate the Company's assets, with all of the Managers' authority subject to the
provisions of this Agreement. The steps to be accomplished by the liquidator are as follows:
(a) as promptly as possible after an event of winding up and again after
completion of the process of winding up, the liquidator shall cause a proper accounting to be
made of the Company's assets, liabilities, and operations through the last day of the calendar
month in which the event requiring winding up occurs or the final liquidation is completed, as
applicable;
(b) the liquidator shall cause the notice described in Section 11.052 of the
TBOC to be sent to each known claimant against the Company to the extent, and in the manner,
described in Section 11.052 of the TBOC;
(c) the liquidator shall pay, satisfy, or discharge from Company funds all of
the debts, liabilities, and obligations of the Company (including all expenses incurred in winding
up) or otherwise make adequate provision for payment and discharge thereof (including the
establishment of a cash escrow fund for contingent liabilities in such amount and for such term
as the liquidator may reasonably determine); and
(d) all remaining assets of the Company may be sold and, whether or not sold,
shall be distributed to the Member.
11
o, of _6350543x.5
The distribution of cash and/or other property to a Member in accordance with this Section 10.2
will constitute a complete distribution to the Member with respect to its Membership Interest and
the Member's interest in the Company's property.
10.3 Certificate of Termination. On completion of the winding up and distribution of
Company assets as provided herein, the Company is terminated, and the Managers (or such other
Person or Persons as the TBOC may require or permit) shall file a Certificate of Termination
with the Secretary of State of Texas, cancel any other filings made pursuant to Section 2.5, and
take such other actions as may be necessary to terminate the Company. To the extent permitted
by the TBOC, after the termination of the Company, the Member immediately before the
termination may reinstate the Company in accordance with Subchapter E of Chapter 11 of the
TBOC.
ARTICLE XI
GENERAL PROVISIONS
11.1 Payment of Expenses and Compensation. Promptly after the filing of the
Certificate, the Company shall reimburse the Member for any fees and costs and out-of-pocket
expenditures advanced by it relating to the formation of the Company and the preparation of this
Agreement and associated documentation. Thereafter, all reasonable expenditures of the
Company and the Managers, with respect to the Managers' duties and obligations contemplated
by this Agreement, shall be paid by the Company.
11.2 Entire Agreement. This Agreement constitutes the entire company agreement of
the Company, and the entire agreement of the Member and Managers regarding the Company's
governance, and supersedes any prior company agreement of the Company, whether oral or
written.
11.3 Effect of Waiver or Consent. No waiver of any term or condition of this
Agreement or consent to any breach or default hereof shall be enforceable unless it is in writing
and signed by the Person against which it is sought to be enforced. A waiver or consent to or of
any breach or default by any Person in the performance by that Person of its obligations with
respect to the Company is not a consent or waiver to or of any other breach or default in the
performance by that Person of the same or any other obligations of that Person with respect to
the Company. Failure on the part of a Person to complain of any act of any Person or to declare
any Person in default with respect to the Company, irrespective of how long that failure
continues, does not constitute a waiver by that Person of its rights with respect to that default
until the applicable statute of limitations period has run.
11.4 Amendments to Agreement or Certificate. This Agreement may be amended
or modified from time to time only by the Member. The Certificate may be amended or
modified from time to time only by the Member.
11.5 Binding Effect. This Agreement is binding on and inures to the benefit of the
Member and its successors and assigns.
12
Garderc0l • 6350543,5
11.6 Governing Law; Severabitity. THIS AGREEMENT IS GOVERNED BY, AND
SHALL BE ENFORCED UNDER AND CONSTRUED IN ACCORDANCE WITH, THE
LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ANY CONFLICT OF LAW
RULES OR PRINCIPLES THEREOF. In the event of a direct conflict between the provisions
of this Agreement and any provision of the Certificate or any mandatory provision of the TBOC,
the applicable provision of the Certificate or the TBOC shall control. If any provision of this
Agreement or the application thereof to any Person or circumstance is held invalid or
unenforceable to any extent, the remainder of this Agreement and the application of that
provision to other Persons or circumstances is not affected thereby and that provision shall be
enforced to the greatest extent permitted by law. In the event the TBOC is subsequently
amended or interpreted in such a way to make any provision of this Agreement that was formerly
invalid valid, such provision shall be considered to be valid from the effective date of such
interpretation or amendment.
11.7 Creditors. None of the provisions of this Agreement shall be for the benefit of or
enforceable by any creditor of (a) the Company or (b) the Member.
[Signature Page Follows]
13
Gardere0l - 6350543v,5
IN WITNESS WHEREOF, the Member has executed this Agreement as of the date first
set forth above.
MEMBER:
TRICYCLE L USA, INC.
By: ,..827t4
Name: cots Burns
Title: President
Garden:01 -6350543v.5
SCHEDULE I
DEFINITIONS
"Affiliate" means any Person that directly or indirectly controls, is controlled by, or is
under common control with the Person in question. As used in this definition, the term "control"
means the possession, directly or indirectly, of the power to direct or cause the direction of the
management and policies of a Person, whether through ownership of voting securities, by
contract, or otherwise.
"Agreement" has the meaning set forth in the preamble hereof.
"Capital Contribution" means any contribution by a Member to the capital of the
Company.
"Certificate" has the meaning given that term in Section 2.1.
"Code" means the Internal Revenue Code of 1986 and any successor statute, as amended
from time to time.
"Company" means Tricycle Lane Texas LLC, a Texas limited liability company.
"Company Functionaries" has the meaning given that term in Section 6.1.
"Manager" means any Person or Persons named in the Certificate as an initial Manager
of the Company and any Person or Persons hereafter elected as a Manager of the Company as
provided in this Agreement, but does not include any Person who has ceased to be a Manager of
the Company. Whenever in this Agreement a reference is made to the Managers, such reference
shall include a sole Manager, who shall have all the authority of the Managers set forth herein.
"Member" means the Person executing this Agreement as of the date of this Agreement
as a member or any Person hereafter admitted to the Company as a member, but does not include
any Person who has ceased to be a member in the Company.
"Membership Interest" means the interest of the Member in the Company, including,
without limitation, rights to distributions (liquidating or otherwise) and allocations.
"Person" means an individual or a corporation, limited liability company, partnership,
trust, estate, unincorporated organization, association, or other entity.
"Proceeding" has the meaning given that term in Section 6.1.
"TBOC" means the Texas Business Organizations Code and any successor statute, as
amended from time to time.
2
Oardae0l - 6350543v.5
4279743 02/21/2017 11:48AM
Total Pages: 3 Rec Fee: $23.00 Doc Fee: $110.00
Carly Koppes - Clerk and Recorder, Weld County, CO
pPEGtAL WARRANTY DEED,
This Special Warranty Deed ("Deed") is made this a day of February 2017 by and
between HalNrwin Aggreptes, LLC, a Colors I0 limited liabiity company, ffk/a Hal -
Irwin Aggregates, Inc., a Colorado corporation, 301 Centennial Drive, Milliken, Colorado
80543 (°Grantor), and'Tricycle Lane Texas. LLC, a Texas limited Iiabilty company 8506
Freeport Parkway,;$rlite No. 150, Irving, Taxies 75063 ("Grantee"),
Grantor, fore* in consideration of TEN DOLLARS ($10.00) attdother good and valuable=
consideratifin, the receipt and adequacy of which is here acknowledged, has granted,
bargained, sold, and conveyed, and by these presents does hereby grant, bargain, set,
and convey unto Grantee, Grantee's heirs and assigns forever, that certain parcel of real
property situate in Weld County, Colorado, legally described on EXHIBIT A attached (the
"Property.
Together with all rind singular the heredearnerrls and appurtenanc ees thereto belonging or
in anywise apbeltaining, and the reversion and reversions, re rnair►der and remainders;
rents, is.* and profits thereof, erld all estate, right, tilte,:interest, claim, and dema d
whatsoever of Grantor, either in law or equity, of, in, or to the Property.
Tihave and to hold the property with appurtenances, subject to taxes and. assessments
for 2017 and subsequent years; statutory liene''of landlords, carriers, Warehousemen,
mechanics and materialmen incurred in the ordinary course of business for sums not
yet due; zonrng,.prititlement, building and other land use regulations imposed by
governmental authorities having jurisdiMion over the Property.whlch are not violated in
any materiet respect by the current, use and operation of theProperty; and building use
restrictions, 'covenants, conditions,=testricctions, easementh;'encumbrances, exceptions,
rights of way, variances, reservations, and other similar matters of record affecting title
to but not adversely affecting the current occupancy or use of the Property in any
material respect
Grantor does hereby warrant the title against every person or persons lawfully claiming
the whole or any ban of the Property by, through, or under Grantor. The singular shall
include the pit it the plural shall include the singular, and the:tan of any gender shah be
applicable* all genders.
[Signature Page Follows)
4279743 02/21/2017 11 48 AM
Page 2 of 3
GRANTOR:
HALL-IRWIN AGGREGATES, LLC, a Colorado
plaited liability company, Ilk/a Hall-kwin Aggregates, Inc.,
a Colorado corporation
Gene G. Wagner, P
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me on February , 2017 by Gene
G. Wagner as President of Hall -Irwin Aggregates, LLC, a Colorado limited liability
company, Nk/a Hall -Irwin Aggregates, Inc., a Colorddo corporation.
WITNESS my hand and official seal.
My commission e$pires:
Notary
Firestone Agg E Special War►sn n Deed - Signature Page
4279743 02/21/2017 11 48 AM
Page 3 of 3
ATTACH) P LEGAL DESCRIPTIQN
Lot EtoPCorrected Lot B of 2i Ansebded Recorded Exemption No. 9961-12.4-RE1053, recorded July 11, 2001 as
Reception No. 2864757, being a part of the SE % of Section 12, Township 5 North Range 65 Weer of the 6° P,M., County
°Meld, State of Colorado.
Also Known as: node shown, „ CO
Kliy]
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0044, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING A CONCRETE BATCH PLANT, MATERIAL STOCKPILES, AN OFFICE,
OUTDOOR TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE
DISTRICT - TRICYCLE LANE TEXAS, 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 3rd day of
October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Tricycle Lane Texas, LLC, 301 Centennial Drive, Milliken, CO 80543, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral
Resource Development Facilities including a Concrete Batch Plant, material stockpiles, an office,
outdoor truck and employee parking in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Corrected Lot B of 2nd Amended Recorded
Exemption, RE -1053; being part of the SE1/4 /4 of
Section 12, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Attorney, Mark Johnson,
301 Centennial Drive, Milliken, CO 80543 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 unfavorable
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/are not in compliance with the application
requirements of Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinances in effect.
1) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of
agricultural land to urban residential, commercial and industrial
uses should be considered when the subject site is located inside
an Intergovernmental Agreement (IGA) area, Urban Growth
cc! PLCTP/ moo), Pwc'IP), EHCdF),cac F%I),
OtPPc_ REP 2018-2969
( \ r Co( t '" PL2597
SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC
PAGE 2
Boundary area, Regional Urbanization Area or Urban Development
Nodes, or where adequate services are currently available or
reasonably obtainable. A municipality's adopted comprehensive
plan should be considered, but, should not determine the
appropriateness of such conversion." The proposed facility is
located within the Intergovernmental Agreement Area (IGA)
between Weld County and the Town of Kersey. This site, while
located within the IGA for the Town of Kersey and within the Kersey
Influence Area, is located in an "Undetermined Use" area per the
Future Land Use — Large Scale map within the 2016
Comprehensive Plan. The applicant met with the Town of Kersey
Town Administrator in 2016. The Town did not express concerns
for this application at the time of meeting. The intent of the meeting
was to discuss the project.
2) Section 22-2-80.A (1.Goal 1) states: "Promote the location of
industrial uses within municipalities, County Urban Growth
Boundary areas, Intergovernmental Agreement urban growth
areas, growth management areas as defined in municipalities'
comprehensive plans, the Regional Urbanization Areas, Urban
Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably
obtainable." The proposed relocated plant site is within the
Intergovernmental Agreement area between the Town of Kersey
and Weld County. The property has access to highway
infrastructure which is essential to deliver aggregate materials to
the site from out of state and to deliver materials from the site to
growing communities in Weld County and Northern Colorado.
Representatives for BURNCO USA met with the Town of Kersey,
the nearest municipality to the site, to discuss haul routes and the
overall fit of the project within the area.
3) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation
infrastructure is affected by the impacts of new or expanding
industrial developments." BURNCO USA will be required to enter
into an Improvements Agreement with Weld County for off -site
improvements, a road maintenance agreement, a construction
maintenance agreement, and an access improvements agreement
at this location. The applicant's Traffic Study has been reviewed by
representatives for CDOT who did not return a referral response.
4) Section 22-2-80.E.2 (I.Policy 5.2) states: "Development
improvements should minimize permanent visual scarring from
grading, road cuts and other site disturbances. Require stabilization
and landscaping of final land forms, and that runoff be controlled at
historic levels." To minimize the visual impact of the site, as well as
provide a noise buffer, earth berms planted in a drought tolerant
native grass will be constructed along the east, west and south
2018-2969
PL2597
SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC
PAGE 3
property boundaries only and not adjacent to the north property
boundaries adjacent to the current mine. The existing Plumb Ditch
is adjacent to the north of the proposed site. This agency did not
return a referral indicating a conflict with their interests.
5) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities
that occur between industrial uses and surrounding properties."
Current surrounding land uses are the existing Nissen Farm gravel
mine, low intensity agricultural and rural residential uses. This
proposed facility will support the economic growth planned for this
area. BURNCO USA has taken steps in planning for this project to
mitigate impacts on its future neighbors through the large earth
berms, the placement of the batch plant site to the north behind the
earth berm and away from the rural residential development. As
previously stated, this site, while located within the IGA for the Town
of Kersey and within the Kersey Influence Area, it is located in an
"Undetermined Use" area, per the 2016 Comprehensive Plan.
6) Section 22-2-80.F.3 (I.Policy 6.3) states: "Encourage informational
neighborhood meetings for proposed industrial uses that do not
require a public hearing." Representatives for BURNCO USA met
with the neighbors concerning this proposed site development
project in mid -August 2017. Per the application materials, the
response was generally positive.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.A.4 allows for Mineral resource development
facilities, including concrete batch plants and appurtenant facilities,
including an office, truck parking and staging and material
stockpiles as a Use by Special Review in the A (Agricultural) Zone
District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed facility is located on
a parcel of land located north of County Road 58, and adjacent to the Weld
County Parkway. The Plumb Ditch is adjacent to the north property line and
beyond the ditch is the current Nissen Farm mine, land use permit number
USR-1435. The site is located approximately 0.5 miles north from the
current Town of Kersey corporate limits; and 2.5 miles east of the Town of
Greeley corporate limits. The property is located within the
Intergovernmental Agreement Area for the Town of Kersey, who did not
return a referral response. Weld County RE -7 schools, in their referral
dated June 7, 2018, indicated " ... the district is concerned with the high
volume of truck traffic that would be created and how that would affect our
(Weld County Schools) transportation department regarding our (Weld
County Schools) bus stops." There are several residential structures
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SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC
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located in the immediate area with residences being located south of and
adjacent to County Road 58, with additional residences located to the east
on larger tracts of agricultural land. Adjacent land uses to the north include
the Nissen Mine (USR-1435), Wagistics Mineral Resources Facility
(USR14-0065); to the west is the Platte River floodplain and floodway; to
the south are two dairy's (SUP -171 and SUP 457), an oil field construction
and storage yard (USR16-0045); to the east is a high pressure gas pipeline
(USR11-0024) and the Journey Ventures mine (MUSR15-0020). The
application indicates that 75 percent (8-9 vehicle trips) of the truck traffic
associated with the business will utilize County Road 58 heading west to
the Weld County Parkway, with 25 percent of the traffic (2-3 vehicle trips)
heading east on County Road 58. Vendors and employees will access the
facility from County Road 58. Staff has received two letters of
correspondence from surrounding property owners or interested persons
regarding this USR. Staff has received several telephone calls requesting
information on the land use application with additional comments on the
perceived impacts of this facility on the neighborhood. The Conditions of
Approval require a Lighting Plan and an updated Landscape/Screening
Plan. The Screening Plan shall screen the truck and equipment parking
and the outdoor storage from adjacent property and public rights -of -way.
The applicant will be required to enter into an Improvement Agreement for
the facility to address off -site impacts. These vehicular improvements,
along with the Development Standards and the Conditions of Approval for
this proposal, will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land uses.
D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development as projected by
Chapter 22 of the Weld County Code, and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within the three (3) mile referral area of
the Town of Kersey and the City of Greeley. The site is located within the
existing Intergovernmental Agreement (IGA) area or Coordinated Planning
Agreement (CPA) area for the Town of Kersey. The Town of Kersey did not
return a referral response, and the City of Greeley, in their referral dated
July 5, 2018, indicated no conflict with their interests. The siting of the batch
plant facility with direct access to the Weld County Parkway and
compliance with the municipal comprehensive and land use plans for future
development creates an area that can support this type of development.
Further, the Town of Kersey identifies the parcel to be in an "Undetermined
Use" area, per the 2016 Comprehensive Plan. To address any mitigating
requirements, the Conditions of Approval will require a site Lighting Plan,
and Landscape and Screening Plan to be submitted to the Department of
Planning Services for review and approval. The Development Standards
address nuisance transient lighting, provide that uses on the property
should comply with the Colorado Air Quality Commission's air quality
regulations, and all waste materials shall be handled, stored, and disposed
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of in a manner that controls fugitive dust, fugitive particulate emissions,
blowing debris, and other potential nuisance conditions. All site activities
will be limited to a measurable noise standard and the property is to be
maintained such that a nuisance condition is not allowed to develop.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles
V and XI, of the Weld County Code. This property is not located in a
floodplain, or geologic hazard area or airport overlay district.. Building
Permits issued on the lot will be required to adhere to the fee structure of
the County -Wide Road Impact Fee, County Facility Fee and Drainage
Impact Fee Programs.
F Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 34 acres of "Prime,
if Irrigated Land," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The property has historically been utilized
for agricultural production and oil and gas development consisting of a
single well head and tank battery; currently there is no irrigation on the
property.
G. Section 23-2-230.6.7 -- 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 the health, safety, and welfare of the
inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Tricycle Lane Texas, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0044, for Mineral Resource
Development Facilities including a Concrete Batch Plant, material stockpiles, an office, outdoor
truck and employee parking in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the USR Map:
A. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
B. If the proposed access is on a different parcel, the applicant shall submit a
recorded copy of any agreement signed by all of the owners of the property
crossed by the access. The access shall be for ingress, egress, utilities and
shall be referenced on the USR map by the Weld County Clerk and
Recorder's Reception number.
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C. The applicant shall submit a Lighting Plan to the Department of Planning
Services, for review and approval. Any lighting poles and lamps shall
comply with Section 23-3-360.F which states, in part, that, "any lighting
shall be designed, located, and operated in such a manner as to meet the
following standards: sources of light shall be shielded so that beams or rays
of light will not shine directly onto adjacent properties." Further, the Lighting
Plan shall incorporate the Dark Sky Standard.
D. The applicant shall submit an updated Landscape/Screening Plan to the
Department of Planning Services for review, and approval by the Board of
County Commissioners. The equipment parking area, the employee
parking area and areas utilized for outdoor storage shall be screened from
adjacent properties and public rights -of -way.
E. The applicant shall submit a Parking Plan showing at, a minimum, 20
parking spaces for the employees, including site personnel and truck
drivers. Additional spaces shall be shown for the on -site equipment and
for vendors who may visit the site.
F. The applicant shall submit a copy of the signed Plumb Ditch Company
crossing agreement, or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
G. An Improvements and Road Maintenance Agreement is required for off -
site improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements. The haul route traffic from the batch plant location will be
routed to the west to the Weld County Parkway.
H. The applicant shall address the concerns of Platte Valley School District,
Weld RE -7, as stated in the email dated October 3, 2018, and submit
written evidence to the Department of Planning Services.
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0044.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
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5) The map shall delineate the earth berms, the vegetative landscape
and opaque screening.
6) The map shall delineate the parking areas for employees, on -site
equipment and vendors.
7) The map shall delineate the site and facility lighting incorporating
the Dark Sky Standard.
8) All signs shall be shown on the map and shall adhere to Chapter
23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
9) County Road 58 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. This
road is maintained by Weld County.
10) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60') on the
site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) 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 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.
13) If applicable, show and label a 30 -foot minimum access and utility
easement to provide legal access to the parcel on the site plan.
14) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
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17) Setback radiuses for existing oil and gas tank batteries and
wellheads shall be indicated on the plat per the setback
requirements of Section 23-3-50.E of the Weld County Code.
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 Mylar map along with all other documentation required as Conditions of
Approval. The Mylar map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services. The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one
hundred twenty (120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
"Use by Special Review", as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County grading permit
will be required.
6. Prior to the issuance of the Certificate of Occupancy:
A. An On -site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On -site
Wastewater Treatment System Regulations. The septic system is required
to be designed by a Colorado Registered Professional Engineer according
to the Weld County On -site Wastewater Treatment System Regulations.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of October, A.D., 2018.
ATTEST: got.,�
Weld County Clerk to the Board
BY:� %Q 0)24- a..
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
! (AYE)
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
(NAY)
APP' .' ED • - O F�RM'� 1L�1�� _ fa�S AYE
oun y ttorney
Date of signature: 1\15 !I8'
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TRICYCLE LANE TEXAS, LLC
USR18-0044
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0044, is
for Mineral Resource Development Facilities including a Concrete Batch Plant, material
stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The normal hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Saturday, for
the site office.
4. The hours of operation shall be the following:
A. Hours of Operation for Ready Mix Concrete:
1) The Ready Mix Concrete Plant will only operate Monday through Saturday.
2) The standard hours of plant operation will be limited to one (1) hour before
sunrise to one (1) hour after sunset.
3) When the plant is operating at night, it will only occur when material is
requested by cities, counties, or CDOT, for night paving projects.
Operations will be considered "night operations," when they take place
between the hours of one hour after sundown to one hour before sunrise.
Depending on the request of the jurisdiction purchasing the concrete, night
operations could occur seven days per week. When BURNCO USA,
Bestway Concrete Company and Hall -Irwin Company become aware of
projects that require night operations, they will email the Weld County
Planning Director to let him/her know about the plans to operate outside of
daylight hours, who the project is for, how long it will be occurring, and
where the materials are being delivered.
4) Ready Mix trucks will generally operate during plant operation, but may
return to the plant after plant shutdown to be cleaned and parked.
B. Hours of Operation for Aggregate:
1) Aggregate washing operations will only occur during daylight hours (dawn
to dusk); actual operating hours will vary dependent on weather and
business levels.
5. The number of on -site employees shall be five (5) full-time employees and 15 truck drivers,
as stated by the applicant.
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6. The parking area on the site shall be maintained.
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
8. The landscaping/screening on the site shall be maintained.
9. 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.
10. 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
11. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
12. 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.
13. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
14. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103. The facility shall adhere to the
maximum permissible noise levels allowed in the Residential Zone District, as delineated
in Section 14-9-30 and as measured at the existing residential structure directly to the
east.
15. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available on -site.
16. 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. All secondary containment will comply with the provisions of the State
Underground and Above Ground Storage Tank Regulations.
17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
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18. Process wastewater (such as 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.
19. All potentially hazardous 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.
20. Any stained or contaminated soils on the facility shall be removed and disposed of in
accordance with applicable rules and regulations. Any reportable spills will be reported
and documented in accordance with all state and federal regulations and records will be
kept onsite for WCDHPE review upon request.
21 In the event the septic systems require a design capacity of 2,000 gallons or more of
sewage per day, the applicant shall adhere to the requirements of the Colorado
Department of Public Health and Environment, Water Quality Control Division's (WQCD)
Regulations.
22 For employees that are onsite for less than two (2) consecutive hours a day, or ten (10)
or less customers or visitors per day, 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
and shall contain hand sanitizers.
23. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
24. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to On -site Waste Water Treatment Systems.
25. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
26. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
29. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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31. 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.
32. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
33. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates
34. The historical flow pattems and runoff amounts on the site will be maintained.
35. Weld County is not responsible for the maintenance of on -site drainage related features.
36. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties and incorporate Dark Sky Standards. Sources of light should not
cause a nuisance or interfere with the use on the adjacent properties in accordance with
the map. Neither the direct, nor reflected, light from any light source may create a traffic
hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices.
37. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
38. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
39. 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.
40. 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.
41. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
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42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
43. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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