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HomeMy WebLinkAbout20232474.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF SECOND MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, 2MUSR18-84-602 - SHARP TRUST, C/O DONOVAN SHARP 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 Administrative Review dated August 28, 2018, the Department of Planning Services approved the request of Tim Sharp, for a Site Specific Development Plan and Second Minor Amended Use by Special Review Permit, 2MUSR18-84-602, for an Oil and gas services construction yard, a second single family residence, a powder shop and a shop, to change the hours of operation to 24/7, increase the number of employees to 30, and amend the USR boundary in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot B of Recorded Exemption RECX14-0020; being part of the NE1/4 of Section 34, 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, Sharp Trust, c/o Donovan Sharp, 21588 County Road 52, Greeley, Colorado 80631, to partially vacate Second Minor Amended Use by Special Review Permit, 2MUSR18-84-602, on the following described real estate, to -wit: Lot A of Lot Line Adjustment, LLA23-0009; being part of the NE1/4 of Section 34, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado 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 the 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 partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-280.B of the Weld County Code, the applicant shall submit a revised USR map, titled "Partial Vacation of Second Minor Amended Use by Special Review Permit, 2MUSR18-84-602", conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Second Minor Amended Use by Special Review Permit, 2MUSR18-84-602, be, and hereby is, partially vacated, with the abovementioned condition, with said map to be titled and recorded as "Partial Vacation of Second Minor Amended Use by Special Review Permit, 2MUSR18-84-602". 4920163 Pages: 1 of 2 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII �d I�i��l 'V '�h����� � 11111 Cc: PL (TP/1-OJ/DA1 APPL a9 /22/23 2023-2474 PL0529 PARTIAL VACATION OF SECOND MINOR AMENDED USE BY SPECIAL REVIEW PERMIT, 2MUSR18-84-602 - SHARP TRUST, C/O DONOVAN SHARP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: .E.� ►11.1 +:k'io:4.4 Weld County Clerk to the Board BY: thli • ��' Deputy Clerk to the Board APP: • ED AS my Attorney Date of signature: 4920163 Pages: 2 of 2 09/12/2023 10:44 AM R Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County CO VIII I ��AKr ����4i 'If ��G A1'AIL+�rF� �LY�k 11111 Mik- man, Chair erry L. Bu.i , Pro-Tem Sco#'t'K. James aine 2023-2474 PL0529 MEMORANDUM To: Board of County Commissioners From: Diana Aungst, Planner III Subject: Partial Vacation of 2MUSR18-84-602 — Oil and Gas Support and Service and a second dwelling Date: August 23, 2023 The Department of Planning Services received a request, dated July 7, 2023, to partially vacate 2MUSR18-84-602. A Lot Line Amendment (LLA23-0009) was approved for this site and the property owner is requesting to exclude Lot B from the Use by Special Review. The LLA23-0009 Staff Report Condition of Approval #1.A., states, "Use by Special Review Permit 2MUSR18-84-602, reception #4465257, for an oil and gas services construction yard and a second dwelling in the A (Agricultural) Zone District is located on Lot A and a portion of Lot B of LLA23-0009. The applicant shall address the continued operation of 2MUSR18-84-602 and which lot it is to be associated with. If the applicant wants to remove any or all of the lots, a partial or complete USR vacation request letter and map shall be submitted to the Department of Planning Services. A vacation or partial vacation hearing shall be held before the Board of County Commissioners prior to recording the Lot Line Adjustment plat." The partial vacation of this MUSR will meet the requirements of this Condition of Approval and place the USR on Lot A of LLA23-0009. The Department of Planning Services is recommending approval of this partial vacation. Background information: Legal Description: Lot A of Lot Line Adjustment LLA23-0009; being part of the NE4 of Section 34, T5N, R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to CR 52 and west of and adjacent to CR 45. August 28, 2018: 2MUSR18-84-602 was recorded with the Weld County Clerk and Recorder on February 6, 2019. The MUSR was approved for: Second Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit (USR 602) for an oil and gas services construction yard, a second single family residence, a powder shop, and a shop to change the hours of operation to 24/7, increase the number of employees to 30, and amend the USR boundary in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2023-2474 3/23 pL 0521 July 7t', 2023 RE: 2MUSR18-84-602 LLA 23-0009 I request that 2MUSRl8-84-602 be removed from Lot B of LLA23-0009. Donovan J. Sharp, TTEE Sharp Trust 21588 County Road 52 Greeley, CO 80631 970-396-8030 djsharp357@gmail.com dsharp@sharpservicesinc.com WELD COUNTY BOARD OF COUNTY COMMISSIONERS August 23, 2023 PARTIAL VACATION OF 2 M U S R 18-84-602 2MUSRI8 84 602 APPLICANT: DONOVAN SHARP PLANNER: DIANA AUNGST REQUEST: PARTIAL VACATION OF 2MUSR18-84-602 LEGAL DESCRIPTION: Lot A of Lot Line Adjustment LLA23-0009; being part of the NE4 of Section 34, T5N, R65W of the 6th P.M., Weld County, CO. LOCATION: South of and adjacent to CR 52 and west of and adjacent to CR 45 WELD COUNTY, CO tfCCL C 1' bu:Nc Vicinity map :EVANS 37th St a a a as TODD AVENUE I a 1 I 1 I 4 I r _ - a a 1 C R 54 SITE CR 52 OC V I 1 1 r KERSEY 1 5411°14 ict CC V CR WELD COUNTY, CO USR18-O064 err 1nit f USR17-O019 fnMMFQrioi USRs within one mile I USR13-0048 OUTDOOR STORAGE, PARKING CR 52 L USR19-0012 MINERAL RESOURCE DEV. FAC_ 1* V USR-1645 HOME BUS, PARK EQUIP, TRUCKS t - USR 13-0058 OIL & GAS SUPPORT SERVICE FAC. - - - a a IMUSR18-84-602 OIL & GAS SERVICE CON. YARD --- SITE i L USR-1478 CONCRETE BUSINESS USR 18-0129 OIL & GAS SUPPORT SERVICE FAC_ CR 52 I USR-1274-'- - - VEHICLE STORAGE, REC. USR15-O063 MUSF MINERAL RES. OILAI DEV. FAC. SUPPOR --- a a a se -•0C USR19-0008 >12 INCH HIGH PRESSURE NAT GAS, Pi I it V (60' RIGHT-OF-WAY REC. NO. 11039 07'07/1883) WELD C0_1.INT1' Cm I -� k r z o L _ __ O 0 rn N CO m N Co O r-2; L3 291:2E1 SILO METAL BUILDING METAL n BUILDING �m 1 p (C/i) lit co N LOT A LLA23-0009 (SEE SHEET 2 o FOR DETAIL) N W f.f1 fil N g4°23'04;' E Z CO cn O iV N LIVESTOC SHADE POF End of Partial Vacation 2MUSRI 8-84-602 Cr U Vie f VICINITY MAP 53A, TSN, RESW 46So PARTIAL VACATION OF 2MUSR18-84-602 LOT A, LLA23-0009, BEING PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, j' COUNTY OF WELD, STATE OF COLORADO WC H SC SURVEYOR'S NOTES: HIS USR AMENJM_N I WAS PREPARED WITH THE BENEFIT OF FIRST AMERICAN TITLE COMMITMENT FILE AO. 5509-4041810 DATED FEBRUARY 22 2023 AND DOES NOT CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING LAC. TO DETERMINE EASEMENTS OR TITLE OF RECORD. THOMAS LAND SURVEYING LLC RELIED ON SAID COMMITMENT EXCLUSIVELY FOR AU. EASEMENTS AND RIGHTS -OF -WAY. THIS USR AMENDMENT DOES NOT PURPORT TO REFLECT ANY Of THE FOLLOWING WHICH MAY 6E APPLICABLE TO THE SUBJECT REAL ESTATE BUILDING SETBACK LINES RESTRICTIVE COVENANTS SUBDIVISION RESTRICTIONS. ZONING OR OTHER LAND -USE REGULATIONS AND ANY OTHER FACTS THAT SAID TITLE COMMITMENT MAY DISCLOSE 2 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE 'YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. N NO :VENT MAY ANY ACTION BASED UPON ANY DEFECT IN TrlbSURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 3. THIS SURVEY IS VAUD ONLY IF PRINT HAS ORIGINAL SEAL AND SIGN/CURE OF SURVEYOR 4. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY RUBLE LAND SURVEY MONUMENT MOOR 80JNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS -WO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.RS. SEC 18-A-504 WHOEVER WILLFULLY DESTROYS DEFACES CHANGES OR REMOVES TO ANOTHER PLACE ANY SECTION CORNER QUARTER CORNER OR MEANDER POST. ON ANY GOVERNMENT LJNE OF SURVEY OR WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE LINE OF A BENCH MARK OF ANY GONE RNMENT SURVEY, SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS. OR BOTH. 18 US.C. 115812009) 5. THE DISTANCE MEASUREMENTS SHOWN HEREON ARE US. SURVEY FOOT. EASEMENT AND RIGHTS -OF -WAY NOTES: (PROVIDED BY FIRST AMERICAN TITLE COMMTMENT FILE NO. 5501-4041810. DATED FEBRUARY 20 2023 AND RELIED UPON EXCLUSIVELY. BY THOMAS LANDSURVEVING, LLC FOR ALL EASEMENTS AND RIGHTS-OF•WAYOF RECORD) I. AN OIL AND GAS LEASE WAS GRANTED TO BASIN EXPLORATION INC AND WAS RECORDED MARCH 2 1982 AT RECEPTION NO 1284517. SAID LEASE WAS GRANTED FOR THE EXCLUSIVE RIGHT Of MINING AND OPERATING FOR OIL AND GAS LAYING PIPE LINES AND BUILDING TANKS POWER STATIONS AND STRUCTURES THEREON TO PRDOUCE SAVE AND TAKE CARE OF SAID PRODUCTS. SAID LEASE ENCUMBERS ALL OF THE SUBJECT PARCEL AND IS BLANKET IN NATURE. UNDERGROUND FACILITIES MAY EXIST THOMAS LAND SURVEYING LLC DOES NOT GUARANTEE OR WARRANT THAT SAID LEASE IS STILL IN EFFECT OR HAS VDT SEEN TRANSFERRED OR ASSIGNED TO ANOTHER OPERATOR - NOT PLOTTED. 200 0 270 1 INCH .200 FEET BASIS OF BEARING THE NORTH LPG OF THE NORTHEAST CHARTER OF SECTION 34 TOWNSHIP 5 NORTH RANGE 65 WEST OF TrE 6TH P,M. IS ASSUMED TO SEAR SOUTH 29`5915- EAST AND IS MONUMENTED AS INDICATED PREPARED BY THOMAS LAID SURVEYING LLC 2619 WEST 11TH STREET ROAD SUITE 24 GRKEELEY COLORADO 12634 TELEPHONE 19701304.0944 400 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TIM SHARP 2MUSR18-84.602 1 SECOND MNORAMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT LUSH 602) TO AN OIL AND GAS SERVICES CONSTRUCTION YARD. A SECOND SINGLE FAMILY RESIDENCE. A POWDER SHOP AND A SHOP TO CWANGI THE HOURS OF OPERATION TO 247 AND AMEND THE USR BOUNDARY IN THE A ;AG RCUL TUMLI ZONE OW PEI SUBJECT 10 THE DEVELOPMENT STANDARDS STATED HEREON 2. APPROVAL OF 1 HIS PLAN WAY CREATE A VESTED PROPERTY RIGHT PURSUANT TO SECTION 23410 Of THE WELD COUNTY CODE 3. THE ICJ RS OF OPERATION SHALL BE 24 HOURS A DAY' 7 DAYS A WEEK. 4. THE NUMBER OF EMP_OYEES SHALL BE FIFTEEN L15) EMPLOYEES, 5 ALL SIGNS SHALL ADHERE TO CHAPTER 23 ARTICLE IV. DIVISION 2 AND APPENDICES 23-C 23 D AND 23-E OF THE WELD COUNTY CODE 6. THE EXISTING PARKING AREA ONT HE SITE SHALL BE MAINTAINED. 7. THE LANDSCAPINGISCREENNG ON THE SITE SHALL BE MAINTAINED. 6. THE PROPERTY OWNER SHALL CONTROL NOXIOUS WEEDS ON THE SITE. 9. THE ACCESS ONT EH SRE SHALL BE MAINTAINED TO MITIGATE ANY IMPACTS TO THE PUBLIC ROAD INCLUDING DAMAGES ARDOROFF.SITE TRACKING. 10. THERE SHALL BE. NO PAINING OR STAGING OF VErICLES ON PUBLIC ROADS.ONSITE PARKING SHALL BE UTILIZED. 11. ANY WORK THAT MAY OCCUPY ANO OR. ENCROACH UPON ANY COUNTY RIGHTS-0F.WAY OR EASEMENT SHALL ACQUIRE AN APPROVED WGHI.OF.WAY USE PERWT PRIOR TO COMMENCEMENT. 12 THE ROPE RTY OWNE R SHALL COMP( Y WITH ALL FEDUIREMENTS PROVIDED IN THE EXECUTED IMPROVEMENTS AGREEMENT 13 THE IMPROVEMENTS AGREEMENT FOR THIS SITE SHALL BE REVIEWED ON AN ANNUAL BASIS INCLUDING POSSIBLE UPDATES. 14 THE HISTORICAL FLOW PATTERNS AND RACE AMOUNTS ON THE SITE SHALL BE MAINTAINED. 15. WELD COUNTY IS NOT RESPONSIBLE FOR THE MAINTENANCE OF ONSITE DRAINAGE RELATED FEATURES. 16. ALL LIQUID AND SOLID WATES (AS DEFINED Al THE SOLID WASTES DISPOSAL SITES AND FACILITIES ACT 30 20 100.5 C.R.S.) SHALL BE STORED ANO REMOVED FOR FINAL DISPOSAL IN A MANNER THAT PROTECTS AGAINST SURFACE AND GROUNDWATER CONTAMINATION. 17. NO PERMANENT DISPOSAL OF WASTES SHALL BE PERMITTED ON THIS SITE. THE IS NOT MEANT TO INCLUDE THOSE WASTES SPECIFICALLY EXCLUDED FROM THE DEFINITION OF A SOLID WASTE N THE SOLID WASTES DISPOSAL SITES AND FACILITIES ACT 3020100.5 C.FLS. It WASTE MATERIALS SHALL BE HANDLED STORED AND DISPOSED NA MANNER THAT CONTROLS FUGITIVE 0141 FUGITIVE PARTICULATE EMISSIONS SLOWING DEBRIS AND OTHER POTENTIAL NUISANCE CONDITIONS. THE FACILITY SHALL OPERATE IN ACCORDANCE WITH CHAPTER 14 ARTICLE I OF THE WELD COUNTY CODE. THE APPLICANT SHALL OPERATE NACCORDANCE WITH THE APPROVED WASTE HANDLING PLAN' AT ALL TIES. 19. FUGITIVE DUST AND FUGITIVE PARTICULATE EMISSIONS SHALL BE CONTROLLED ON THIS SITE. THE FACILITY SHALL BE OPERATED N ACCORDANCE WITH THE APPROVED 'BUS' ABATEMENT PUN' AT ALL TIMES. USES ON THE PROPERTY SHOULD COMPLY WITH THE COLORADO AIROUALITY COMMISSIONS AIR QUALITY REGULATIONo,. 20. THE APPLICANT SHALL SUBMIT AN AIR POLLUTION EMISSION NOTICE (AP.E- N, AND EMISSIONS PERMIT APPLICATION AND OBTAIN A PERMIT FROM THE AIR POLLUTION CONTROL DIVISION. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AS APPLICABLE. it. ADEQUATE DRINKING, HAND WASHING, AND TOILET FACILITIES SHALL BE PROVIDED FOR EMPLOYEES AND PATRONS OF THE FACBJTV AT AU. TIMES. ANY SEPTIC SYSTEM LOCATED ON THE PROPERTY MUST COMPLY WITH ALL PROVISIONS OF THE WELD COUNTY CODE PERTAINING R3 ONSITE WASTE WATER TREATMENT SYSTEMS. 22. ANY LAHGE-CAPACITY SEPTIC SYSTEM A SEPTIC SYSTEM WITH THE CAPACITY TO SERVE 20 OR MORE PERSONS PER DAY) SHALL COMPLY WITH THE UNDERGROUND INJECTION CONTROL WIC) CLASS V INJECTION WELL REQUIREMENTS OF THE ENVIRONMENTAL PROTEC TON AGENCY :EPA). 23. POLICY 6 OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISIONS IWOCDI REGULATIONS SHALL BE ADHERED TO FOR MUL TPL E SEPTIC SYSTEMS ON A SINGLE PARCEL. 24 A PERMANENT ADEQUATE WATER SUPPLY SMALL BE PROVIDED FOR DRINKING MD SANITARY PURPOSES THE EXISTING WELL (PERMIT 299063) CANNOT BE USED FOR "HE BUSINESS UNLESS IT IS PEPEMMMTTED TO ALLOW COMMERCIAL USE. 25. FOR EMPLOYEES OR CONTRACTORS ON SITE FOR LESS THAN 2 CONSECUTIVE HOURS A DAY, AND 2 OR LESS FULL-TIME EMPLOYEES ON SITE PORTABLE TOILETS AND BOTTLED WATER ARE ACCEPTABLE. RECORDS OF MAIN TENANCE AND PROPER DISPOSAL FOR PORTABLE TOILETS SHALL BE RETAINED ON A QUARTERLY BASIS AND AVAILABLE FOR REVIEW BY TrE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PORTABLE "OILETS SHALL BE SERVICED BY A CLEANER LICENSED IN WELD COUNTY AND SHALL CONTAIN rANO SANITIZE RS. 26. THIS FACILITY SHALL ADHERE TO THE MAXIMUM PERMISSIBLE NOISE LEVELS ALLOWED IN THE RESIDENTIAL ZONE AS DELINEATED IN 25-•2-103 C,R$. 27. ALL POTENTIALLY HAZARDOUS CHEMICALS MUST BE HANDLED IN A SAFE MANNER IN ACCORDANCE WITH PRODUCT LABELING AND NA MANNER TrAT MNMMZES THE RELEASE OF HAZARDOUS AIR POLLUTANTS (NAPS) MID VOLATILE ORGANIC COMPOUNDS (VOCS) ALL CHEMICALS MUST BE STORED SECURE. ON AN IMPERVIOUS SURFACE AND IN ACCORDANCE WITH MANUFACTURES RECOMMENOATONS. 28 SECONDARY CONTAINMENT SHALL 3E CONSTRUCTED AROUND MINKS TO PROVIDE CONTAINMENT FOR THE IAR3EST SINGLE TANK AND SUFFICIENT FREEBOARD TO CONTAIN PRECIPITATION, SECONDARY CONTAINMENT SHALL BE SUFFICIENTLY IMPERVIOUS TO CONTAIN ANY SPIELED OR RELEASED MATERIAL. SECONDARY CONTAINMENT DEVICES SHALL BE INSPECTED AT REGULAR INTERVALS AND MAINTAINED IN G000 CONDIT ION. ALL SECONDARY CONTAINMENT WILL COMPLY WITH THE PROVISIONS OF THE STATE UNDERGROUND AND ABOVE GROUND STORAGE TANK REGULATIONS. 29. A SPILL PREVENTION CONT ROL AND COUNTERMEASURE PLAN, PREPARED N ACCORDANCE WITH THE APPLICABLE PROVISIONS OF 40 CFR PART +12 SHALL BE AVAILABLE ON SITE OR AS APPLCABLE. 30. ANY VEHICLE OR EQUIPMENT WASHING SHALL ADHERE TO -LOW =ASK DISCHARGE GUIDANCE DISCHARGES FROM SURFACE COSMETIC POWER WASHING OPERATIONS TO LAND JULY 2010' AS SPEWED 8Y THE STATE .11. THE APPLICANT SHALL OBTANA COLORADO DISCHARGE PERMIT SYSTEM OR COPS PERMIT FROM THE COLORADO DEPARTMENT OF HEALTH AND ENVIRONMENT (CDPHE) WATER QUA_ITY COOT COL DIVISION AS APPLCABLE. 32. PROCESS WASTEWATER SUCH AS FLOOR DRAIN WASTES) SHALL BE CAPTURED N A WATERTIGHT VAULT AND HAULED OFF FOR PROPER DISPOSAL. RECORDS OF INSTALLATION, MAINTENANCE, AND PROPER DISPOSAL SHALL BE RETAINED. 33. it* OPERATION SHALL COMPLY WITH ALL APPLICABLE RULES AND REGULATIONS OF STATE AND FEDERAL AGENCIES AND THE WELD COUNTY CODE. 34 SOURCES OF LIGHT SHALL BE SHIELDED SO THAT UGH- RAYS WILL NOT SHINE DIRECTLY ONTO ADJACENT PROPERTIES IN ACCORDANCE WITH THE PLAN. NEITHER THE DIRECT, NOR REFLECTED LIGHT FROM ANY LIGHT SOURCE MAY CREATE A TMFFC HAZARD 10 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 DEVCES. 35 BUILDING PERMIT MAY BE REQUIRED PER SECTim 29-3.10OF THE WELD COUNTY CODE. CURRENTLY THE FOLLOWING HAS BEEN ADOPTED BY WELD COUNTY. 2312 INTERNATIONAL CODE. 2006 INTERNATIONAL ENERGY CODE. 2017 NATIONAL ELECTRIG CADE A BUILDING PEI AT AP"'LCATION MUST BE COMPLETED AND TWO COMPLETE SETS OF ENGINEERED PLANS SEARING THE WET STAMP OF A COLORADO REGISTERED ARCHITECT ORENGINEER MUST BE SUBMITTED FOR REVIEW A GEOTECHNICAL ENGINEERING REPORT PERFORMED BY A REGISTERED STATE OF COLORADO ENGINEER SHALL BE REQUIRED OR AN OPEN HOLE INSPECTON. 16. THE a ROPE MY OWNER OR OPERATOR SHALL BE RESPONSIBLE FORCOMPLYING WITH THE DESIGN AND OPERATION STANDARDS OF CHAPTER 23 OF THE WELD COUNTY CODE. 37 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 10 ENSURE THE ACTIVITIES CARRIED OUT ON THE PROPERTY COMPLY WITH THE CONDITIONS OF APPROVAL AND DEVELOPMENT STANDARDS STATED HE REIN AND ALL APPLICABLE WELD COUNTY REGULATIONS. A. THE USE BY SPECIAL REVIEW AREA SHALL BE LIMITED TO THE PLANS SHOWN HEREON AND GONE TINED BY THE FOREGOING STANDARDS AND ALL APPLICABLE WELD COUNTY REGULATIONS SUBSTANTIAL CHANGES FROM THE PLAN OR DEVELOPMENT STANDARDS AS SHOWN OR STATED. SHALL REQUIRE THE APPROVAL OF M AMENDMENT OF THE PER IT BY THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS BEFORE SUCH CHANGES ROM THE PLANS OR DEVELOPMENT STANDARDS ARE PERMITTED. ANY OTHER CHANGES SHALL BE FILED IN THE OFFICE OF THE DEPARTMENT OF PLANNING SERVICES, .19. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL 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. 40. 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 STATES COMMERCIAL MINERAL DEPOSITS ARE ESSENTIAL TO TrE STATES ECONOMY; (81 THE POPULOUS COUNTIES OF THE STATE FACE A CRITICAL SHORTAGE OF SUCH DEPOSITS AND ;C) SUCH DEPOSITS SHOULD SE EXTRACTED ACCORDING TO A RATIONAL PLAN CALCULATED TO AVOID WAS -E 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 TII/ES MINERAL RESOURCE SITES ARE FIXED TO THEIR GEOGRAPHICAL MD GEOPHYSICAL LOCATIONS, MOREOVER THESE RESOURCES ARE PROTECTED PROPERTY RIGHTS AND MINERAL OWNERS SEWED BE AFFORDED THE OPPORTUNITY TO EXTRACT THE MINERAL RESOURCE. 41. WELD COUNTY'S RIGHT TO FARM STATEMENT WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN THE UNITED STATES TYPICALLY RANKING IN THE TOP TEN COUNTIES IN THE COUNT RY IN TOTAL MARKET VALUE OF AGRICULTURAL PRODUCTS SOLD. THE RURAL AREAS OF WELD COUNTY MAY BE OPEN AND SPACIOUS BUT THEY ARE INTENSIVELY USED FOR AGRICUL TORE PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT THERE ARE DRAWBACKS INCLUDING CONFLICTS WITH LONGS•TANOING AGRCUL TURAL PRACTICES ANO A LOWER LEVEL OF SERVICES THAN TN TOWN. A_ONG WITH THE DRAWBACKS COME THE INCENTIVES WHICH ATTRACT URBAN DWELLERS TO RIELOCA'E TO RURAL AREAS OPEN VIEWS SPACIOUSNESS WILDLIFE LACK OF CITY NOISE AND CONGESTION, AND THE RURAL ATMOSPHERE AND WAY OF LIFE WITHOUT NEIGHBORING FARMS THOSE FEATURES WHICH ATTRACT URBAN DWELLERS TO RURAL WELD COUNTY WOULD QUICKLY BE GONE FOREVER AGRICULTURAL USERS OF THE LAND SHOULD NOT SE EXPECTED TO CHANGE THEIR LONG-ESTABLISHED AGRICULTURAL PRACTICES TO ACCOMMODATE THE INTRUSIONS OF URBAN USERS INTO A RURAL AREA. WELL -RUN AGRICULTURAL ACTIVITIES WILL. GENERATE OFF -SITE IMPACTS INCLUDING NOISE FROM TRACTORS AND EQUIPMENT SLAW -MOVING FARM VEHICLES ON RURAL ROADS DUST FROM ANIMAL PENS FIELD WORK, HARVEST AND GRAVEL ROADS. ODOR FROM ANIMAL CONFINEMENT SILAGE AND MANURE SMOKE FROM DITCH BURNING FLIES AND MOSQUITOES HUNTING AND TRAPPING ACTIVITIES SHOOTING SPORTS, LEGAL HAZING OF NUISANCE WILDLIFE, AID THE USE OF PESTICIDES AND FERTILIZERS IN THE FIELDS INCLUDING THE USE OF AERIAL SPRAYING IT IS COMMON PRACTICE FOR AGRICULTURAL PRODUCERS TO UTILIZE AN ACCUMULATION OF AGRICULTURAL MACHINERY AND SUPPLIES TO ASSIST IN TrEIRAGRCULTUML OPERATWNS. A CONCENTRATION OF MISCELLANEOUS AGRICULTURAL MATERIALS OFTEN PRODUCES A VISUAL DISPARITY BETWEEN RURAL AND URBAN AREAS OF THE COUNTY. SECTION 15-3.5•'02 CAS., PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE FOUND TO BE A PUBLIC OR PIANA-E NUISANCE IF THE AGRICULTURAL OPERATION ALLEGED 10 BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COMMONLY OR REASONABLY ASSOCIATED WITH AGRICULTURAL PRODUCTION. WATER MS BEEN ANC CONTINUES TO BE THE LIFELINE FOR THE AGRICULTURAL COMMUNITY. IT IS UNREALISTIC TO ASSUME THAT DITCHES AND RESERVOIRS MAY SIMPLY BE MOVED 'OUT OF THE WAY' OF RESIDENTIAL DEVELOPMENT. WHEN MOVING TO THE COUNTY. PROPERTY OWNERS AND RESIDENTS MUST REALIZE THEY CANNOT TAKE WATER FROM IRRIGATION DITCHES, LAKES. OR OTHER STRUCTURES UHAESS THEY HAVE ANADJUDICATED RIGHT TO THE WATER. WELD COUNTY COVERS A LAND AREA OF FOUR THOUSAND (4 000) SQUARE MILES IN SIZE (TWICE TrE SIZE OF THE STATE OF DELAWARE)THA N MORE THREE THOUSAND SEVEN HUNDRED '3 7001 MILES OF STATE AND COUNTY ROADS OUTSIDE OF MUNICIPALITIES. THE SHEER MAGNITUDE OF THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES. LAW ENFORCEMENT IS BASED ON RESPONSES TO COMPLAINTS MORE THAN ON PATROLS OF Tit COUNTY ANO THE DISTANCES WHICH MUST BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES INCLUDING LAW ENFORCEMENT AMBULANCE AND FIRE FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND TO EMERGENCIES - COUNTY GRAVEL ROADS. NO MATTER HOW OFTEN THEY ARE BLADED WLL NOT PROVIDE THE SAME KIND OF SURFACE EXPECTED FROM A PAVED ROAD. SVOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDNISONS TO ARTERIALS MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM SERVICES N RURAL AREAS, IN MANY CASES WILL NOT BE EQUIVALENT TO MUNICIPAL SERVICES RURAL DWELLERS MUST BY NECESSITY BE MORE SELF-SUFFICIENT THAN URBAN DWELLERS. PEOPLE ARE EXPOSED "D DUFFRENT HAZARDS IN THE COUNTY THAN IN AY URBAN OR SUBURBAN SETTING FARM EQUIPMENT AND OIL FIELD EQUIPMENT PONDS AND IRRIGATION DITCHES ELECTRICAL POWER FOR PUMPS AND CENTER PIVOT OPERATIONS HIGH SPEED TRAFFIC. SAND BURS PUNCTURE. VINES TERRITORIAL FARM DOGS AND LIVESTOCK, AND OPEN BURNING PRESENT REAL THREATS CONTROLLING CHILDPENS AG TIRES IS IMPORTANT NOT ONLY FOR THEIR SAFETY, BUT ALSO FOR THE PROTECTION OF THE FARMERS LIVELIHOOD. LEGAL DESCRIPTION - PROVIDED LOT A. 1LA23.0009. BEINGA PART OF THE NORTHEAST QUARTEROF SECTION 34 TOWNSHIP NORTH RANGE 65 WEST OF THE 6TH PM, COUNTY OF WELD STATE Of COLORADO. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 4.17 ACRES I/ORE OR LESS MO IS SUBJECT TO EASEMENTS AND RIG-ITS-0F.WAv OF RECORD. PROPERTY OWNER'S CERTIFICATE THE UNDERSKONED PROPERTY OWNERS DO HEREBY AGREE TO THE SITE SPECIFIC DEVELOPEMENT PLAN AND USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS AS DESCRIBED HEREON THIS DAY Of 2023 SHARP TRUST BY DONOVAN J. SHARD CERTIFICATE OF APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS: HIS PLAT I5 APP HOVER BY THE BOA RD OF COUNTY COMMISSIGVE RS OF WELD COUNTY STATE OF COLORADO. APPROVAL OF THIS PLAT DOES NOT CONSTITUTE ACCEPTANCE OF TrE ROADS AND RIGHTS -0F -WAY FOR MAINTENANCE BY WELD COUNTY. THE CONSTRUCTION. MAINTENANCE, SNOW REMOVAL AND ALL OTHER MATTERS PERTAINING TO OR AFFECTING THE ROADS AND RIGHTS -OF -WAY ARE THE SOLE RESPONSIBILITY OF THE LAND OWNE RS WITHIN THE MINOR SUBDIVISION. WITNESS MY HAND AND THE CORPORATE SEAL OF WELD COUNTY THIS DAY OF A.D. 2023. EHWA STATE OF COLORADO) I SS. COUNTY OF WELD ) THE FOREGOING CERTIFK ATIN WAS ACKNOWLEDGED BEFORE ME THIS DAN OF A.D. 2023. MY COMMISSION EXPIRES NOTARY PUBLIC WITNESS MY HAND ANO SEAL SURVEYOR'S CERTIFICATE: I HL1dtR. D. I HOMAS, A PROF E$SKONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HERESY CERTIFY THAT Trl$ USR MINOR AMENDMENT WAS PREPARED BY ME OR UNDER MY PERSONAL SUPERVISION MD THAT THIS PLAT IS AN ACCURATE REPRESENTATION 'HEREOF BASED UPON MY KNOWLEDGE INFORMATION AND BELIEF. I FURTHER CERTIFY 'HAT THE USR MINOR AMENDMENT COMPLY WITH ALL APPLICABLE RULES REGULATIONS AND LAWS OF THE STATE OF COLORADO STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS AND WELD COUNTY AND IS NOT A GUARANTEE OR WARRANTY EITHER EXPRESS OR PAR ED, kitinr COLORADO PROFESSIONAL LAND SURVEYOR *3835) FOR MOON BEHALF OF THOMAS LAND SURVEYING. LLC DATE PAGE 1 OF 3 PROJECT, 2305.016 DRAWING SHARP 2MUSR18.84402 PARTIAL VACATION PARTIAL VACATION OF 2MUSR18-84-602 LOT A, LLA23-0009, BEING PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO VICINITY MAP N34. MN WSW W.C.R, 52 WCR SO • 1414' ',0001 EET SURVEYOR'S NOTES: i its 'asp R AKENDMEA" WAN PREPARED WITH THE BENEFIT OF FIRST AMERICAN TITLE COMWTMENT FILE N0. S5094041010 DATED FEBRUARY 21 2023 AND DOES NOT CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING LLC. TO DETERMNE EASEMENTS OR TITLE 0; RECORD. THOMAS LAND SURVEYING LLC RELIED ON SAID COMMITMENT EXCLUSIVELY. FOR AU EASEMENTS AND RIGHTS -OF -WAY THIS USA AMENDMENT DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE BUILDING SE -BACK LINES RESTRICTIVE COVENANTS. SUBDIVISION RESTRICTIONS ZONING OR OTHER LAND -USE REGULATIONS AND MY OTHER FACTS THAT SAID TITLE COMWTMEM MAY DSCLOSE. 2 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC"tON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DbCOVER SUCH DEcECT.IN NO EVENI MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE TrAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 3. THIS SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF SURVEYOR t. ANY PERSON WHO KNCWNGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT ANWVR BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (Z) MISDEMEANOR PURSUANT TO STATE STATUTE G.M. SEC 164-506 WHOEVER WILLFULLY DESTROYS DEFACES CHANGES. OR REMOVES TO ANOTHER PLACE ANY SECTIOT. CORNER QUARTER CORNER OR MEANDER POST ON ANY GOVERNMENT LINE OF SURVEY OR WILLFULLY CUTS 00Ve ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE LNE O= A BENCH MARK OF ANY GOVERNMENT SURVEY. SHALL BE FINED UNDER T145 TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS. OR BOTH. 16 US.C. 1956(2009). 5. THE DISTANCE MEASUREMENTS SHOWN HEREON ARE US. SURVEY FOOT. EASEMENT AND RIGHTS -OF -WAY NOTES: IPROVDED BY FIRST AMERICAN TITLE COMMITMENT FILE LW. 5509-40at610. DATED FEBRUARY 2.2023 AND RELED UPON EXCLUSIVELY. BY THOMAS LAND SURVEYING, at FOR ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORO► 1. AN OIL AND GAS LEASE WAS GRANTED TO BASIN EXPLORATION INC AND WAS RECORDED MARCH 2. 1912 AT RECEPTION NO. 1114511. SAID LEASE WAS GRANTED FOR THE EXCLUSIVE RIGHT OF MINING AND OPERATING FOR OIL AND GAS LAYING PIPE LINES. AND BUILDING TANKS POWER STATIONS AND STRUCTURES THEREON TO PRODUCE SAVE AND TAKE CARE OF SAID PRODUCTS SAID LEASE ENCUMBERS ALL OF THE SUBJECT PARCEL AND IS BLANKET IN NATURE. UNDERGROUND FACILITIES MAY EXIST THOMAS LAND SURVEYING LLC DOES NOT GUARANTEE OR WARRANT THAT SAID LEASE IS STILL IN EFFECT DR HAS NOT BEEN TRANSFERRED OR ASSRONED TO ANOTHER OPERATOR - NOT PLOTTED. PREPARED BY THOMAS LAND SURVEYING LLC 2679 WEST 11TH STREET ROAD SUITE 24 GREELEY COLORADO 117634 TELEPHONE. (970) 3010914 60 0 60 1 INCH - 200 FEET 120 drip` RIBVT-OF WAY RFC NO '1,39 07007/11671 WELD COUNTY ROAD $2 S scr01'4S T0.3I a S N o V4 4 Sbi'59:] 1: "'ea' 20 f 147* L5llli *CIA SW ONG VI u_ N LEGEND ALIQUOT COINER (AS DESCRBEDI O CALCULATED POSITION SUBJECT BOUNDARY — RIGHT-OFMAY VOUNTY ROAD In T RAVELED) SURVEYOR'S CERTIFICATE: I ROBERT D. THOMAS. A PROFESSIONAL LAND SURVEYOR IN THE STA-E OF COLORADO, DO HERESY CE RTF Y THAT TrS USTI MINOR AMENDMENT WAS PREPARED BY ME. OR UNDER MY PERSONAL SUPERVISOR MD THAT THIS PLAT IS AN ACCURATE REPRESENTATION "HEREOF BASED UPON MV KNOWLEDGE INFORMATION AND BELEF.1 FURTHER CERTIFY 'HILT THE USR WAOR AMENDMENT COMPLY WTH ALL APPLICABLE RAES RE0LAATONS AND LAWS OF THE STATE OF COLORADO STATE BOARD OF REGISTRA-ON FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS AND WELD COLNTY AND is NOT A GUARANTEE ON WARRANTY EITHER EXPRESS OR IMPLIED. TOWITTICiar COLOMBO PROFESSIONAL LAND SURVEYOR a3LI357 FOR MD ON BEHALF OF THOMAS LAND SURVEYING, LLC PAGE 2 OF 3 PRIOJEC T: 2303.010 DRAWING SHARP 2MUSRIB-5t602 PARTIAL VACATION WCR 50 1NCH - 1000 FEET L -00t VICINITY MAP WCR 52 VICINITY MAP 534 TSN R65W WCR. 52 PARTIAL VACATION OF 2MUSR 18-84-602 LOT A, LLA23-0009, BEING PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SUBJECT PROPERTY BEFORE VACATION SUBJECT PROPERTY AFTER VACATION 0 0 34 W p1J 46644 L MICR 50 .x INCH - 200 FEET BASIS OF BEARING IHE NORTH LINE OF THE NORTHEAST OUARTE.R0; SECTION 34 TOWNSHIP 5 NORTH RANGE 65 WEST OF TrE 6TH P.M. IS ASSUMED TO SEAR SOUTH ET1'5V4S' EAST AND S MOMJMENTEO AS INDICATED. PREPARED BY T OMAS IJWO SURVEYING LLC 2611 WEST I 1 TH stfEET ROAD SUITE N EFEELPHDNE 1970) 314-0114 400 n n N3' NORTH QUARTER CORNER SECTION 34 TOWNSs. S SORT.. RIME 65 WEST OF THE 6TH PJM. FOUND 41 REBAR WITH 5 IN' Masai CAP STAMPED AS PA B WOWED 0.F BELOW ROAD 4 60 FLIGHT -Of -WAY REC. NO. 1 I DDB 01'0):10131 J LOT A �UAri-00oP 4•, b )SEE SHEET 2 FOR DETAIL) & NWire E LOWER IATHAM SEEPAGE DITCH 6r DITCH PIGHT4F-WAY • 33' EACH JOE OF CE2MTERUBEI set ' Deft PLAT OF GURNEY P 4 RAEC.%O saw II '4111 2 CENTERIJNE Dorm '--;4;1„,. //. / / , CENTER QUARTER CORNER 34 TOWNSHIP 5 NORTH RANGE 65 WEST OF NE 6TH PAM FOUND I6 REBAR WITH 3 1'4' AUMIWMCAP STAMPED AS ifsEcrioN FVOICATEO 0.1 BELOWGROLJAD UVESTOCK yE SHADE BASIS OF BEA Sili'SP4S' E 1ttt .. rev II, IS 30 JOINT ACCESS & )UTILITY EASEJIEA' FOR BENEFIT OF tors MS OF tAMPECX14-14-020 EEt. ND. 4454917 1216?L`Ie PORTION VACATED FROM 2MUSR 18.84.602 • LOT LLA23-0009 NORTHE'AS I OUNR TER SECTION Jw, TOFMRSMP 5 NORTH. RAAGF IS V*ST OF Sit Ilk PM LINE TABLE LINE BEARING LENGTH L I S 00.09'45" W JD -31' LI S 00'10'41" W 42.91 L3 N 00.2221" E 7954 L4 S 021837' E 704,34' L1 N er03''r E 35.13 L6 S 41' 1004" W 42.55 L7 N 09'5145' W 45,73' lA 545't004'W 13.95' L9 N 3r2nr W 33,15' L 10 N &3036' W M.11' Lit N 31.1000 W 33,04 t12 S 13.08106.E 34.13 113 S 32'2SST W 36,10 L T4 N 0244 47- W II AS % 11'5!54' E 2644.2F / • -• ••". " 1 FOUND 4E RESAR WITH t 1.2' ALUMINUM CAP STAMPED PLS 31047 FLUSH WITH GROUND 3 vA7 yy CENTERLINE may:•• LOWER LA THAW !% SEEPAGE OITCH LEGEND a ALIOJOT CORNER LAS DESCRIBED) CALCULATED POSITION SUBJECT BOUNDARY RIGHT OF WAY EASEMENT COUNTY ROAD AS TRAVELED) WATERCOURSE WIRE FENCE PORTED% VACATED FROM THE USA 30 EAST QUARTER CORNER SEC TO% 34 TOWNSHIPS NORTH RANGE 65 WEST OF THE 6-H PAL FOUND 46 REBAR WITH 3 • I4' ALUMINUM CAP STAMPED AS INDICATED 07 BELOW GROUND NORTHEAST CORNER SECTION 34 TOWNSHIP S NOR -H RANGE 65 WEST OF THE 6TH FOUND 'N REBAR WITH 2 77 ALUIMFAJM CAP STAMPED AS INDICATED 3.4. SELOW GIIOLMJ SURVEYOR'S NOTES: I THIS USRAMENOMENI WAS PREPARED WITH THE BEIEFII OF FIRST AMERICAN TITLE COMMITMENT FILE NO. 550s 4047110 DATED FEBRUARY 2D 2023 AND DOES NOT CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING LLC. TO DETERMINE EASEMENTS OR TITLE OF RECORD. THOMAS LAND SURVEYING LLC RELIED ON SAID COMMITMENT EXCLUSIVELY FOR ALL EASEMENTS AND RIGHTS -OF -WAY. THIS USA AMENDMENT DOES NOT PUFPOR' TO REFLECT MY OF THE FOLLOWING WHICH MAY SE APPLICABLE TO THE SUBJECT REAL ESTATE, GUIDING SETBACK LINES RESTRICTIVE COVENANTS SUBDIVISION RESTRICTCJVS ZONING OROTHER IAND4USEREGULATIONS AND ANY OTHER FACTS THAT SAID TITLE CO%MYTMENi MAY DISCLOSE. 2 ACCORDING TO COLORADO LAW. YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY THREE YEARS AFTER you FIRST DISCOVER SUCH DETFECT NNOEEVENY Y WAY ANY ACTION BASED UPON MY DEFECT M THIS SURVEY BE COAfi1ENCE0 MORE THAN TEN YEARS FROM THE DATE OF THE CERT$ CAT ON SHOWN HEREON 3 THIS SURVEY IS VALID OMEY E NIT WAS ORIGINAL SEA AND SIGNATURE OF SURVEYOR 4 MY PERSON WHO KNOWP CLY REMOVES. ALTERS OR DEFACES ANY PUBIC LAND SURVEY MOMAIE%' NODS BOLJWARY MOMJIIEAT OR ACCESSORY COMMITS A CLASS IWO12) MISDEMEANOR PURSUANT TO STATE STATUTE C RS. SEC 11.4-530 WHOEVER WILLFULLY DESTROYS DEFACES CHANGES OR REMOVES TD ANOTHER PLACE ANY SECTION GIRLIE R OUA RTE Si CORNER OR MEANDER POST ON ANY GOVERNMENT LINE OF SURVEY OR WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MMAK 'NE LINE OF A BEACH MARK OF ANY GOVERNMENT SURVEY, SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SOC MONTHS OR BOTH, f0 US.C. 1/501200/1 •'N1 DISTANCE MEASUREMENTS 5}tOWN HEREON ARE U.S. SURVEY FOOT, EASEMENT AND RIGHTS -OF -WAY NOTES: IP FvWOLO b' tilt? MA FitZ.m. ' I r. ;JMVC lit NI FILL NJ- 5506.4:14 I.0, DATED F EBAUARY 21 2023 MO RELIED UPI% EXCLUSNEUY BY THOMAS LAND SUWEYNG LLC FOR AU EASEMENTS AND R[M4TSOF-WAY Of RECORD, AN OIL AND GAS LEASE WAS GRANTED TO BASM1 ExPLOWATGN NC AND WAS RECORDED IMICH 2 1902 At RECEPTION 610. 1114511. SAG LEASE WAS GRANTED FOR THE EXCLUBNE RIGHT OF AWING ANDOPEF 1194 FOR OIL AND GAS. LAYING PIPE LINES AND BULDNG TANKS POWER STATIONS AND STRUCTURES THEREON TO PRODUCE SAYE AND TAKE CARE OF SND PRODUCTS. SAID L EASE ENCUMBERS ALL OF THE SUBJECT PARCEL AND IS BLANKET IN NATURE UNDERGROUND FACILITIES MAY EXIST THOMAS LAND SURVEYING LTC DOES NOT GUARANTEE OR WARRANT THAT SAID LEASE IS STALIN EF=ECT OR WAS NOT BEEN TRANSFERRED OR ASSIGNED TO ANOTHE R OPE RATOR - NOT PLOTTED. SURVEYOR'S CERTIFICATE: I Featt 0, IHQMA$. A PECSESSIOANL LANG SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS USA MINOR AMENDMENT WAS PREPARED BY ME OR UNDER MY PERSONAL SUPERVISOR AND THAT 71IS PLAT IS AN ACCURATE REPRESENTATION THEREOF BASED UPON MY KNOWLEDGE NFORMATON AND BELIEF, I FURTHER CERTIFY THAT THE USA 1MNOR AMENDMENT COMPLY WITH ALL APPLICABLE RULES REEGUTATIONS ARO LAWS OF THE STATE OF COLORADO STATE WARD OF REGGTRATON FOR PROFESSIONAL FAME E%AM) PROFESSCAAL LAND SURVEYORS AND WELD COUVTY AND IS NOT A GUARANTEE OR WARRANTY EITHER EXPRESS OR MPLE D. Ming - COLORADO PROF 'WOW LAM) SURVEYOR 400353 FOR AND ON 6EHALF OF THOU S LAND SURVEYING LTC DATE PROJECT 2707016 DRAWING SHARP B RS PARTIAL VACATION i�ir"�aril�5anuiwk,wXiukvii�aiM•Iw viii B.De9n reN RIeW O Scale: 1 inch = 2,000 feet PROPFRTY OWNER'S CERTIFICATION Tile ".===.119° nesegne0 major prom. wmarlsl do hereby pree 10 919 Site SpeNb Devebpmml Pon erld Um by Specie Revmv � Fey M1VI�y ads as tle�� naecn mid 1= aey N sgrrau09 2 M U S R 18-84-602 Legal Description: Lot B of Recorded Exemption 1AMRECXI8-14-0020 being part of the NE4 of Section 34 T5N R65W of the 6th P.M., Weld County, CO Zoning: Agricultural (A) Acreage: +/_ 45.066 CERTIFICATE OF APPROVAL BY THE OEPMTMENT OF PLANNING SERVICES-ApMINISTRATNE REVIEW Tha mm«ana,anaa Imrea as amroym Dr me DemrlmernMPbnnm Savior «filip Dlrxea. Dap WneM d Planip Savkna ,INS N(�fMy[p_I Canty 91 _ylfAit_) The Ip yen?mlbn w edraxleepm Dean ma m.'-' eey al YltaWeu .20�(..�, My opmm9emn eapina MisfiO Wmmm my Ham sa See( j - --. 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Soumee W IgIN aM1all be Mieltletl as 1ne11ip19 reya will r,m atone diremly mlo eejemnl promrlbs coney. aunt wools muse a nulesee a Inlerr.re wim 119. use on IM selacenl «oD.rlim 9 eccareenm wnn Ina pbl Wanner lne elnn, nor reBrrcree, Ipnt Irom any Ignl source may creels a I :f The proper, owner 991 commy 9999909 wee., on 1ne ana. 9. TT. 099.9 on lM Bile an. be maiManetl to mngNe any wvO9 1199, puNIc rose 1.09900 damper 9mlW.-,9.109. 00 35. Burble permr0071,99;.9 mayregwrm, per Sedwn 29-3-10 N Ise Wale County Coen Current, IM lolynvg Iaa been adapted W WNe Courts. 2012 10 There Mall W ra pM9g «alpmg N 9019X109 on pW919 made 0,999 09.99 Mall be W I.. 1,11 mrN Coosa 20061Mermtbrle Erergy Cme. 201] Nebne1 EkMnml Coen. A Wib9p perms applcetgn moat Da mmPblm am Mm 41.219 may a[t,myam aerl«wmupon any County rgMaolsvay«mmmlml sllNla«ryire an ePWwee RipMol-WaY U,9, eels09,=reepbna CeMpin.we eempN0,nee orpateratlartllnaforagmeermualbesuan9aebr mnavApeot9cnnral ag9eamp 19'.0„A" -'7"t prcoarcanan reDo� peaormed by a rpelaetl Slate N Lobree9 apineer atoll be reB�iretl a s open Imb 9e0e«arl 12 Ow Properly Owns snail comp, wim 911,0119r9.9 0119x9 nta 0019.91 in Me 991909199 .01,99,019199 Apraemem Cme 13. 2199 ImPw.me9b Apr.emeM.1Isla ails 91191119911.1.9.1119 en annual 091919, 11.9111 2 Pmaibb updeea 3]. Nxeamry personnel Irom 119. Weld County Depenmenla M Plennip Services, Public Wo.a, am Public Heall19 ant Enviromment a19ell De ¢antes accaea onto 119. properly at any roexnebla time In order 10 ensure the adrvilbs mrtim M on Ise PromM comp, wim Ise Coneitbna N 14. 2092,91.9.119. penerna Mtl runon emounb on 1199 sea will De malnlalnm. 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Vasa 919 Me DroperlY.noul0 comply 991119 the Cobretlo Air Oualily Commlaa«is air quality rpulNbne. 20 The epplimM e19ell eubme an Alr Pollution EmianIwl No9ce TARE N.) em Fmieabra Permit Applimllcn erg oMeln a mrmn has Iha A9 Pollulmn Contrd O,iaion Calaeeo DemrlmrxN N Publ'rc Health entl ErnhonmeM, es eppllmDle. 21. Pexrate @ird9p, nemwmM19p, ale toilet (x1119., shall De provitlee Ia mmpbyeas era DNmru N Me Ie.liN. al ell Limes. Any saga system Mraled on Ise properly moat c«npry wan ell govbiaa a tln ebb Caunry Cove parle nip b On,ne Weele WMx TrmMr.n sysbms. 22 Any brparemcnY seplrc aYabm (e septic ryatan wits me ceoariH to serve 20 «mere persons pa myl atoll comply 991911 ma Uneerpaum Inprnion Content (UIL) Clean V InjeNbn Moll requiremaas N IM Em.onmenlal Prolxtmrl Agenq (EPA). do RIGHT TO EXTRACT MINERAL RESOURCES STgTEMENT. 9999 LauMy M1ea some a giro coos Duo I reawrms. iMWip. M not limiletl l9. sad era pevN. dl. rrNurel pas, am met. 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VrELO COUNTYS RIGHT TO FAgM STATEMENT Weld Courrty Is 9rla N ale most pmauclive apriallunl wnties In IM United Slates, NpimMr.rwlp come l9p ten w9ne.'19 the wmry In laalmahN vevea eprlaeNrel a9aaaa 9919 The mr91 a9as NlAbb L9anry marmopen as sDetloue. Ire mev am 9braiveN 9ma ra alyX99naro. Persons mweg imo a mrN area mad remBmza am accept treys sa eroweaas. irlWmip vMklea on 24 A permanent, adequate weld auppry Mall be proviaea I« Minhlp end Mnnery purpose.. TM ealalirg well (penny 2880831 mrerot be enM human uaea l9r Me buakaea unMa II la repammee to slow commerolel use. larlillzers In me9nmervl 25. F«employees or c«Hreclare on sae br lase man 2 caa=7 Mur. a day, entl 2 or bee full -lime emdwaee on alb, p9rlebla loileb Delwaen rural em urD em Do9be water eraaccepbpb. Rrlc«esNmeirrlerlarKe ane proper elapoaal for parleble loileb,19ell be releinetl onaglunerly ha.iaem «Wale nuance nlM n All pNMIaIN M1azWoua Uenlimla coon b. naabe m a agile mmna in acc«Wnm wM proeuM IeDelip arts in a mama IMI m9lmaea Ise reba»of nazarawa air poll,Aenla IHAP's)am volNile .panic mmp«ras IVOC'al An Gcmlmis must De Norse .score, on en mparvwus Wple County mvxse lam ems Nepprmm&eM hxrt lnoOeerM Ie,0001 .quays miles in sae (Twice lM1e slzaM waste, rya in rr[coMarce wM menNaaurer•a rac«rlmenaNipna. IMea Inweem .even 19adr9a 13100) mnn d stale am Cam, roxs oWiae N munalpalnba The n19ea m ahe1MM availeDb rofouma. Lav erllorcement is Duaa an reaponma complainla mad Itlen on pehola 2B Seminary mMaimmere.nett be conalrlmle0 eroune lenhs to pms9ae wnlelnmeM hx Ise brpesl alnpM Mnh am aullklxl lraeDaae to ba Invelee mry eery el emergency reepon9ee. ircluelp law enlacement. embulanu, ane Ore Fire 0'. contain prxapaebn Semmay oweeiranMl shell oe euRcbnq impervxwa l9 conla9 any apilbtl «rebaeee malarial. Semrleery mnleinmant meal leave mar lobe ana lamiliea to reapme 10 emeryenciea county Brevet mean ro mener 190.9 ones Imy 1 aevicea mall be Inapectatl N nBuler inlervala entl meMeinm In pom mmaion NI ellcoraery mnleimmxl 991119«190, wits Ise provlalme al Ise N aurlem avpeMeO lmm a paves mee. Sra>w removal Drl«Mbs mean IhN roatls Irom auDe,laions to a Stele Uraergrova em Above Grountl Slorepa Tank RepWNime mapr arrowetortn serv'Ices in mrel areas, 'm many mee., will rm1 Da apu,aleM to munmipe nervbea. aeearMlcbnl Inan uNen awelbrs. Pxpe ere eapoaea to aalerenl Ilazeras b 1199 County man In an urban a aubwben xltinp. Famr puipmenl em oil nab equipment. pontle ana iwipeion OnMes. eladnml pwrertor Dumps ane mnler Divot opaaims. M1gM1 apoe0 halfic, nand Dun. Du tore v'mes, lerebrbl farm ape entl II y pmvaW by volunleero wen will not pmviae Ise same kind r cleere0 for aevael days alley ua1, Dy nemselty, Daman ;iCieixr'wi�aif6nwu�wwanot 2 M U S R 18-84-602 i �!� Fulun 4/F- artlDWlrq �.. eliuC 30 kM wqe �rn a«esaeM Neiy �� rn ealm0irp a«oaa La B f« Iha benael dLMaAxM BM R'"ri030 per RN e130933: rerurOad Juy ]. 3015 N IScale: 1 inch =100 feet ��50 �wiwma � m. wei STATEMENT OF AUTHORITY (FOR A TRUST OR CORPORATE ENTITY) Pursuant to C.R.S. § 38-30-172, the undersigned hereby executes this Statement of authority behalf of Timothy J. Sharp, Trustee of the Sharp Trust dated January 8, 2019, and any amendments thereto, an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Sharp Trust dated January 8, 2019. The Entity is an Irrevocable Trust. The mailing address for the Entity is 21588 County Road 52, Greeley, Colorado 80631 The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Donovan James Sharp. The limitations upon the authority of the person named above or holding the position described above to bind the Entity areas follows: NONE. Other matters concerning the manner in which the Entity deals with any interest in real property are: NA. EXECUTED this STATE OF COLORADO y of UGfAe ,2019 COUNTY OF VVO,C1 Signature: Name : Donovan James Sharp Title: Trustee ) ) ss. ) This instrument was acknowledged before me on, \LA0 1 , 200_, by Donovan James Sharp, as Successor Trustee. [Seal] My commission expires:L0/O'V /Q0o TRICIA SWEET NOTARY PUBLIC STATE OF COLORADO NOTARY ID: 20184025692 MY COMMISSION EXPIRES 06/20/2022 (STATE 0F COLORADO) CERTIFICATION OE VITAL RE000T1 CERTIFICATE OF DEATH DECEDENT'S LEGAL NAME TIMOTHY J SHARP STATE FILE NUMBER 1052019016353 DATE OF DEATH MAY 18, 2019 SEX SOCIAL SECURITY NUMBER AGE -Last Birthday (Years) MALE 89 UNDER 1 YEAR UNDER 1 DAY DATE OF BIRTH (MoXDayKr) BIRTHPLACE (Slate or Foreign Country) MONTANA Months I Days Hours I Minutes I 1 IF DEATH OCCURRED IN HOSPITAL IF DEATH OCCURRED SOMEWHERE OTHER THAN A HOSPITAL DECEDENTS HOME Facility Name QE not krsrW ben, give street b number) I CITY, TOW:OR LOCATION OF DEATH 21588 COUNTY ROAD 52 GREET EY COUNTY OF DEATH WELD RESIDENCE-STREETAND NUMBER 21588 COUNTY ROAD 52 APT NO 1 ZIP CODE INSIDE CITY UMITS 80631 NO RESIDENCE STATE COUNTY COLORADO !WET CITY OR TOWN GREELEY DECEDENT'S USUAL OCCUPATION (Give kind or work done during most of working life Do not uu retired) SELF EMPLOYED KIND OF BUSINESSrINDUSTRY DECEDENTS EDUCATION MANUFACTORING HIGH SCHOOL GRADUATE OR GED COMPUTED DECEDENT OF HISPANIC ORIGIN NO DECEDENTS RACE While EVER IN US ARMED FORCES ` MARITAL sums AT TIME OF DEATH SPOUSEIPARTNER NAME Cif"'gns name poor m (Trot memage) NO I NADOWED DONNAJUNEREED FATHER'S NAME JAMES SHARP MOTHER'S NAME PRIOR TO FIRST MARRIAGE OLIVE.JOYCE CAMPBELL INFORMANTS NAME DONOVANJ SHARP INFORMANTS RELATIONSHIP TO DECEASED SON NAME OF FUNERAL HOME - NATIONAL CREMATION SOCIETY • CITY AND STATE OF FUNERAL HOME WAS SOR6NER NOTIFIED DENVER COLORADO 1 YES METHOD OF DISPOSITION PLACE OF DISPOSITION LOCATION - CITY, COUNTY STATE CREMATION I COLQRA 0 CREMATORY SERVICES I, WVI.EAT RIDGE JEFFERSON COLORADO INJURY AT WORK I IF TRANSPORTATIQN RELATED, SPECIFY I DATE OF INJURY - I TIME OF INJURY PLACE OF INJURY LOCATION OF INJURY (Street 6 Number, Apt No., City or Town. County, Suss, Zlg.. DESCRIBE HOW INJURY OCCURRED WAS DECEDENT UNDER HOSPICE CARE ACTUAL OR PRESUMED TIME OF DEATH DATE PRONOUNCED DEAD (MOIOAYKR) TIME PRONOUNCED DEAD YES APPROX 1850 MIL MAY 18, 2019 16 50 MIL MANNER OF DEATH WAS AN AUTOPSY PERFORMEDWERE AUTOPSY FINDINGS CONSIDERED IN DETERMINING NATURAL NO THE CAUSE OF DEATIiv CAUSE OF DEATH PART' Enter the gliaa of...diseases, intones, Or comp) ons-ghat directly caused Me death IMMEDIATE EC � death) duuese or a MALIGNANT NEOPLASM OF HEAD OF PANCREAN App.mimaie aMeivai Ons°t t° d° NA in b NA NA equenrt tut ons• d airy, I uledli Illadagtofhecausesstedonsraa C NA NA EMer the UNDERLYING CAUSE (dUame or IrW ry that atitiated the evems rewltlng In deaXI d NA NA PART II Enter other am.. corWieons com ix:lino to dee... not resuking n the end. rig cause given n PART I NA TITLE, NAME, ADDRESS. ZIP CODE AND COUNTY OF PHYSICIAN DATE SIGNED DIEGO M FREITAS MD 1605 FOXTRAIL DRIVE STE 200 LOVELAND CO 80539 MAY 21.2019 TITLE, NAME, ADDRESS, ZIP CODE AND COUNTY OF CORONER DATE SIGNED ,% DATEFILEDBYREGISTRAR MAY 1, 209 MAY 21, 2019 DATE ISSUED THIS IS A TRUE CERTIFICATION OF NAME AND FACTS AS RECORDED IN THIS OFFICE. Do not accept unless prepared on security paper with high resolAaon border displaying the Colorado state seal and signature ofthe Regis.. PENALTY BY LAW Sconce 25-2-118, Colorado Revised Statutes, 1982, A a person alter , uses, attempts to use or furnishes to another for deceptive use any vital statistics record. NOT VALID IF PHOTOCOPIED. REV 04!16 A ALEX QUINTANA STATE REOISTRRR udrma * 009362931 * rik Certification of Trust for the Sharp Trust dated January 8, 2019 Pursuant to C.R.S. 11-105-111, this Certification of Trust is signed by all the currently acting Trustees of the Sharp Trust dated January 8, 2019, who declare: 1. The Grantor of the trust is Timothy J. Sharp, also known as Tim Sharp, Timothy Jerome Sharp. The trust is revocable by the Grantor. 2. The Trustee of the trust is Timothy J. Sharp, whose address is 21588 County Road 52, Greeley, Colorado 80631. 3. The Successor Trustees of the trust are: Upon Incapacity or Death: Donovan James Sharp; then Tonya J. Rase; and then Darren Jason Sharp. 4. The tax identification number of the trust is the Social Security number of Timothy J. Sharp. 5. Title to assets held in the trust will be titled as: Timothy J. Sharp, Trustee of the Sharp Trust dated January 8, 2019, and any amendments thereto. 6. An alternative description will be effective to title assets in the name of the trust or to designate the trust as a beneficiary if the description includes the name of at least one initial or successor Trustee, any reference indicating that property is being held in a fiduciary capacity, and the date of the trust. 7. Excerpts from the trust document that establish the trust, designate the Trustee, and set forth the powers of the Trustee will be provided upon request. The powers of the Trustee include the power to acquire, sell, assign, convey, pledge, encumber, lease, borrow, manage, and deal with real and personal property interests. 8. The terms of the trust provide that a third party may rely upon this Certification of Trust as evidence of the existence of the trust and is specifically relieved of any obligation to inquire into the terms of this trust or the authority of my Trustee, or to see to the application that my Trustee makes of funds or other property received by my Trustee. • 9. The trust has not been revoked, modified, or amended in any way that would cause the representations in this Certification of Trust to be incorrect. Certification of Trust for the Sharp Trust Page 1 MEUU LAW OFFICE, PC, 115 5TH STREET, WINDSOR, COLORADO 80550 ( (970) 820-0090 January 8, 2019 STATE OF COLORADO COUNTY OF WELD Timothy J. S Trustee ) ss. This instrument was acknowledged before me on January 8, 2019, by Timothy J. Sharp, as Trustee. [Seal] MATTHEW MEULI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134055885 MY COMMISSION EXPIRES SEPTEMBER 19, 2021 Notary Public My commission expires: September 19, 2021 Certification of Trust for the Sharp Trust Page 2 MEULI LAW OFFICE, PC,115 5TH STREET, WINDSOR, COLORAD° 80550 I (970) 8200090 Planner: Case Number Owner: Address: Applicant: Address: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET Diana Aungst 2MUSR18-84-602 Tim Sharp 21588 CR 52, Greeley, CO TD Manufacturing, LLC c/o Luke Yockim 21662 CR 52, Greeley, CO Hearing: Director Approval Second Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit (USR-602) for an oil and gas services construction yard, a second single family residence, a powder shop, and a shop to change the hours of operation to 24/7, increase the number of employees to 30. and amend the USR boundary in the A (Agricultural) Zone District. Lot B of Recorded Exemption RECX14-0020 being part of the NE4 of Section 34 T5N R65W of the 6th P.M., Weld County, CO South of and adjacent to CR 52 and 0.5 miles east of CR 43 +/- 47.00 acres Parcel No. 0961-34-1-00-077 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Department of Public Works, referral dated July 30, 2018 ➢ State of Colorado, Division of Water Resources, referral dated July 9, 2018 ➢ Weld County Department of Public Health and Environment, referral dated July 31, 2018 The Department of Planning Services' staff has received referral responses without comments from the following agencies: r Town of LaSalle, referral dated July 24, 2018 Weld County Sheriff Office, referral dated July 5, 2018 Colorado Parks and Wildlife, referral dated July 2, 2018 Weld County Zoning Compliance, referral dated July 7, 2018 Northern Colorado Water Conservancy District, referral dated July 2, 2018 The Department of Planning Services' staff has not received responses from the following agencies: City of Evans ➢ City of Greeley Town of Kersey ➢ School District RE -6 ➢ West Greeley Conservation District ➢ LaSalle View Fire Protection District 2MUSR 18-84-602 Page 1 of 9 The Lot Line Adjustment criteria and process are detailed in Chapter 24, Article X of the Weld County Code. Narrative: The proposed application seeks to adjust a lot line between Lots A and B of 1AMRECX18-14-0020. The larger lot is encumbered by 2MUSR18-84-602 for an oil and gas construction yard and a second dwelling that was recorded on February 6, 2019 at reception # 4465257. There are two (2) dwellings, multiple cargo containers, a machine shop, a powder shop, a horse barn, a plasma shop, and other outbuildings on the current Lot B and a residence and outbuilding on Lot A. The primary purpose of this LLA is to place the plasma shop, the powder shop, and the small powder shop on Lot A of the LLA. The boundary of the MUSR is required to match the boundary of Lot A of this LLA, therefore, a Minor Amendment (MUSR) is required. The three (3) residences will be placed on Lot B of this LLA. A Non -Conforming Use (NCU) permit is required for the second and third residences or a Zoning Permit (ZPSD) for the second residence and a NCU for the third residence. In 2015 NCU15-0005 was issued for four (4) structures that abut CR 52 that do not meet the required setback. Referral Agency Review: The Department of Planning Services' staff has received referral responses with comments from the following agencies: ➢ Weld County Oil and Gas Energy Department, referral dated May 10, 2023 ➢ Weld County Department of Public Health and Environment, referral dated May 8, 2023 ➢ Weld County Department of Planning Services — Development Review, referral dated May 9, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ➢ City of Evans, referral dated May 8, 2023 ➢ City of Greeley, referral dated May 9, 2023 ➢ Town of LaSalle, referral dated May 11, 2023 ➢ Colorado Parks and Wildlife, referral dated May 7, 2023 ➢ Central Weld County Water District, referral dated May 23, 2023 ➢ West Greeley Conservation District, referral dated June 12, 2023 ➢ State of Colorado, Division of Water Resources, referral dated May 4, 2023 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Town of Kersey ➢ Town of Garden City ➢ LaSalle Fire Protection District ➢ Weld County School District RE -6 ➢ Lower Latham Extension Ditch Company Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the Lot Line Adjustment Overview and Standards per Sections 24-10-10 and 24-10-20 of the Weld County Code have been met. This Lot Line Adjustment is approved with the following conditions of approval in accordance with information submitted in the application and the policies of Weld County. 1. Prior to recording the plat: A. Use by Special Review Permit 2MUSR18-84-602, reception #4465257, for an oil and gas services construction yard and a second dwelling in the A (Agricultural) Zone District is located on Lot A and LLA23-0009 I Sharp Page 2 of 7 a portion of Lot B of LLA23-0009. The applicant shall address the continued operation of 2MUSR18-84-602 and which lot it is to be associated with. If the applicant wants to remove any or all of the lots, a partial or complete USR vacation request letter and map shall be submitted to the Department of Planning Services. A vacation or partial vacation hearing shall be held before the Board of County Commissioners prior to recording the Lot Line Adjustment plat. B. The applicant shall acknowledge the advisory comments of the Oil and Gas Energy Department as stated in the referral response dated May 10, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall submit a Zoning Permit for a Second Dwelling permit (ZPSD) for the 2. residence and a Non -Conforming Use permit (NCU) for the 3rd home all located on Lot B. Since both the 2. and 3rd residence are a "ranch -one story and 1,522 SF" built in 2016 the applicant shall decide which residence will be the ZPSD and which will be the NCU. Alternatively, two NCU applications shall be submitted to the Department of Planning Services. 2. The draft plat shall be amended as follows: A. The map shall be prepared per Section 24-10-50 of the Weld County Code B. The plat shall be titled: Lot Line Adjustment # LLA23-0009 C. The plat shall include Weld County Plat Notes listed in Section 3 of this document. D. The plat shall include the certifications contained in Chapter 24, Appendix 24-F of the Weld County Code. Do not include the Board of County Commissioners Certificate. E. The plat shall contain a list of the history of land divisions and amendments, which resulted in the parent parcels. Reference previous land divisions by case number, reception number and recording date or deed. F. The new Lot Line Adjustment lots shall be designated from smallest to largest in acreage, on the plat map and legal description, as specified hereafter 1) The smaller parcel, Lot A of 1AMRECX18-14-0020, is now known as: Lot A of LLA23-0009 2) The larger parcel, Lot B of 1AMRECX18-14-0020, is now known as, is now known as: Lot B of LLA23-0009 G. Lot acreages shall comply with the minimum lot size in the underlying zone district and/or the acreage requirements per Section 24-11-20 and Section 24-11-30 of the Weld County Code. H. The Lot Line Adjustment lots shall comply with the criteria of the land division being amended per the Standards outlined in Chapter 24, Article XI of the Weld County Code. Show and label the existing lot line to be amended with a dashed -line type and the proposed lot line with a solid heavy line type. J. County Road 52 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. K. Show and label the existing permitted access points onto CR 52. Include the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). 3. The following Plat Notes shall be placed on the plat: LLA23-0009 I Sharp Page 3 of 7 1) The purpose of this Lot Line Adjustment is to adjust the boundary between Lot A and Lot B of Recorded Exemption 1AMRECX18-14-0020 now known as Lot A and Lot B of LLA23-0009. 2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County Code, as amended. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Access on the sites shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 7) The historical flow patterns and runoff amounts will be maintained on the site. 8) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Lot Line Adjustment number. 9) Water service may be obtained from Central Weld County Water District. 10) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 12) If residences or structures requiring water and sewer are constructed, a Weld County On -site Wastewater Treatment System Permit is required and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 13) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. 14) There are four (4) existing structures located on the site that are considered nonconforming structures due to the encroachment into the setback of CR 52. Case NCU15-0005 was established for these four (4) structures: equipment building (92'x61'), cattle shed (48'x32'), lean to (494 SF), and shop (23'x38'). The property owner is required to maintain compliance with Chapter 23, Article VII of the Weld County Code. 15) All buildings shall comply with the setbacks from oil and gas wells per Section 23-4-700, as amended. 16) Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 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 LLA23-0009 I Sharp Page 4 of 7 engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. 18) 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 people 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. 19) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be LLA23-0009 I Sharp Page 5 of 7 cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Next Steps: Per Section 24-10-50 of the Weld County Code: The Lot Line Adjustment revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent rounds of review. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed or from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. 5. Enforcement: Per Section 24-10-60 of the Weld County Code: A. If the Lot Line Adjustment plat has not been recorded within one hundred twenty (120) days from the date the Staff Report was administratively signed or the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty (120) days of approval, the Director of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the conditions of approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying or removing the contested conditions of approval. B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in locking of the lots and withholding Weld County permits. C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S. 6. Plat Recording Process: Per Section 24-10-40.1 of the Weld County Code: Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners. If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat. Per Section 24-10-40.J of the Weld County Code: The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. Per Section 24-10-40.K. of the Weld County Code: The Lot Line Adjustment is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. LLA23-0009 I Sharp Page 6 of 7 In accordance with Appendix 5-J of the Weld County Code, should the Lot Line Adjustment Plat not be recorded within the required one hundred twenty (120) days from the date the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month period that the plat has not been recorded, beyond the initial one hundred twenty (120) days. 7. Recording New Deeds: The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the Lot Line Adjustment plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: Diana Aungst, Planner III, AICP Date: July 6, 2023 LLA23-0009 I Sharp Page 7 of 7 DEPARTMENT OF PLANNING SERVICES LOT LINE ADJUSTMENT (LLA) ADMINISTRATIVE REVIEW Case #: LLA23-0009 Planner: Diana Aungst Submittal Date: May 2, 2023 (050 -Lot A) 21842-52, LLC c/o Donovan Sharp — Manager Applicant/Owner: 21842 (051 -Lot CR 52, B) Sharp Greeley, Trust CO c/o 80631 Donovan Sharp — Trustee 21588 CR 52, Greeley, CO 80631 Parcel ID #s: 0961-34-1-00-050 and 0961-34-1-00-051 Addresses: (050 (051 -Lot -Lot A) 21842 B) 21588, CR 21662, 52, Greeley, and 21712 CO CR 80631 52, Greeley, CO 80631 Legal Lots A and B of Recorded Exemption 1AMRECX18-14-0020; being part of the NE4 Descriptions: of Section 34. T5N, R65W of the 6th P.M., Weld County.. CO Location: South of and adjacent to CR 52 and west of and adjacent to CR 45 # of Plats: One (1) Zoning: A (Agricultural) # of Lots: Two (2) # of Parcels: Two (2) Lot Before/After: A Size ± 4.17 ac /± ± 6.39 ac Lot Before/After: B Size ± 45.06 ac / ± 47.29 ac • 21588 CR 52 1st home CWCWD Acct #000577-01 Lot A Water 21842 CR 52 home - Lot B Water • 21712 CR 52 2nd home - Source Before: CWCWD Acct #003175-01 Source Before: CWCWD Acct #003174-01 • 21662 CR 52 plasma shop CWCWD Acct #003173-01 • 21588 CR 52 1st home - Lot A Water 21662 CR 52 plasma shop Lot B Water CWCWD • 21712 CR Acct 52 #000577-01 2nd home - Source After: - CWCWD Acct #003173- Source After: CWCWD Acct #003174-01 01 ■ 21842 CR 52 3rd home - CWCWD Acct #003175-01 • 21588 CR 52 1st home - SOE 2014 Lot A Sewage 21842 CR 52 home - Lot B Sewage • 21712 Septic CR Permit 52 2nd #SP home -1600033 - Source Before: Septic Permit #SP- Source Before: • 21588 CR 52 shop - Septic 1600032 Permit #SP -0800181 • 21662 CR 52 plasma shop - Septic Permit #SP -1000133 • 21588 CR 52 1st home - SOE 2014 21662 CR 52 plasma shop • 21712 CR 52 2nd home - Lot A Sewage - Septic Permit #SP- Lot B Sewage Septic Permit SP -1600033 Source After: 1000133 Source After: • 21842 CR 52 3rd home - Septic Permit #SP -1600032 • 21588 CR 52 shop - Septic Permit #SP -0800181 LLA23-0009 I Sharp Page 1 of 7 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Diana Aungst Case Number: 2MUSR18-84-602 Owner: Tim Sharp Address: 21588 CR 52, Greeley, CO Applicant: TD Manufacturing, LLC c/o Luke Yockim Address: 21662 CR 52, Greeley, CO Hearing: Director Approval Request: Second Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit (USR-602) for an oil and gas services construction yard, a second single family residence, a powder shop, and a shop to change the hours of operation to 24/7, increase the number of employees to 30, and amend the USR boundary in the A (Agricultural) Zone District. Legal Lot B of Recorded Exemption RECX14-0020 Being part of the NE4 of Section 34 T5N Description: R65W of the 6th P.M., Weld County, CO Location: South of and adjacent to CR 52 and 0.5 miles east of CR 43 Size of Parcel: +/- 47.00 acres Parcel No. 0961-34-1-00-077 Case Summary; The original USR, USR-602, was recorded on February 15, 1984 under Reception Number 01956209. USR-602 was approved for oil and gas services construction yard. The 1. amendment was MUSR14-0006 which was recorded on September 16, 2015 under Reception Number 4142670. MUSR14-0006 added a second home, a shop and an addition to the powder shop. This amendment 2MUSR18-84-602 proposes to change the hours of operation to 24/7, increase the number of employees to 30, and amend the USR boundary. THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. Section 22-2-20.G.7 - A. Policy 7.2 states, "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." There are two homes on the site. There is a well that is permitted for a single-family residence (299063) and two Central Weld County Water District taps. There appears to be four septic systems located on site. The applicant will need to specify the source of the potable water and sewage disposal for the 2n° residence. This amendment 2MUSR18-84-602 proposes to change the hours of operation to 24/7, increase the number of employees to 30, and amend the USR boundary. The applicant has provided adequate parking on the site. This USR has been on the site since 1984 and appears to be compatible with the region. 2MUSR18-84-852 Page 2 of 9 2. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. Staff has not received any contact from the other property owners in the vicinity concerning this amendment. 3. The recommendations of the referral agencies have been considered. The attached Development Standards and Conditions of Approval address the requirements of the referral agencies. 4. Not deemed to be a major change. In discussions with staff at the Pre -Application (PRE18-0130) meeting on May 10, 2018, it was determined that the proposed modifications are consistent with the existing permit and minor in nature. 5. Must be consistent with the original development standards. The original USR-602 was approved on February 1, 1984 and recorded in February 15, 1984. and the Development Standards have been updated to the current code. This approval is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map. A. 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. (Department of Public Works) B. As the applicant intends to utilize the existing septic system permitted as SP -0000688, for additional employees, the septic systems shall be reviewed by a Colorado registered professional engineer to ensure ability to provide for employees. 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. Alternately, a new septic system may be installed for business use. (Department of Public Health and Environment) C. Provide documentation indicating how water and sewer will be provided, in accordance with the Weld County Code, to the second residence. (Department of Public Health and Environment) D. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled 2MUSR18-84-602. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2MUSR1 B-84-602 Page 3 of 9 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. (Department of Planning Services) 5) The map shall delineate the landscaping and/or screening. (Department of Planning Services) 6) The map shall delineate the lighting, if applicable. (Department of Planning Services) 7) 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. (Department of Planning Services) 8) The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9) County Road 52 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 10) County Road 45 Section Line is shown to have 60 feet of unmaintained section line right- of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 11) 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. (Department of Public Works) 12) Show and label the approved tracking control on the site plan. (Department of Public Works) 13) 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. (Department of Public Works) 14) Show and label the section line Right -of -Way as "CR 45 Section Line Right -Of -Way, not County maintained." (Department of Public Works) 15) The applicant shall show the drainage flow arrows. (Department of Public Works) 16) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 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 Department of Planning Services' Staff. 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 sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance 2006-7 approvedJune1, 2006, should the map not be recorded within the required sixty (60) days from the date the administrative review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 2MUSR18-84-602 Page 4 of 9 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsAco.weld.co.us. 5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder. 6. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires road base or recycled asphalt on all driving surfaces for tracking control. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) By Tom Parko — Director of Planning 2MUSR18-84-602 Page 5 of 9 Date: August 28, 2018 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Tim Sharp 2MUSR18-84-602 1. Second Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit (USR 602) for an oil and gas services construction yard, a second single family residence, a powder shop, and a shop to change the hours of operation to 24/7, increase the number of employees to 30, and amend the USR boundary 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 hours of operation shall be 24 -hours a day / 7 -days a week. 4. The number of employees shall be thirty (30) employees. 5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 6. The existing parking area on the site shall be maintained. 7. The landscaping/screening on the site shall be maintained. 8. The property owner shall control noxious weeds on the site. 9. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 11. 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. 12. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. 13. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates 14. The historical flow patterns and runoff amounts on the site will be maintained. 15. Weld County is not responsible for the maintenance of onsite drainage related features. 16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S. 18. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. The applicant shall operate -in accordance with -the approved "waste handling plan", at all times. 2MUSR18-84-602 Page 6 of 9 19. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 20. 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, Colorado Department of Public Health and Environment, as applicable. 21. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons of the facility, at all times. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems. 22. Any large -capacity septic system (a septic system with the capacity to serve 20 or more persons per day) shall comply with the Underground Injection Control (UIC) Class V Injection Well requirements of the Environmental Protection Agency (EPA). 23. Policy 6 of the Colorado Department of Public Health and Environment, Water Quality Control Division's (WQCD) Regulations shall be adhered to for multiple septic systems on a single parcel. 24. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The existing well (permit 299063) cannot be used for the business unless it is repermitted to allow commercial use. 25. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full- time employees on site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 26. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. 27. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 28. 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. 29. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site or as applicable. 30. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges From Surface Cosmetic Power Washing Operations To Land July 2010" as specified by the State. 31. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. 32. 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. 33. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 2MUSR18-84-602 Page 7of9 34. 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. 35. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code; 2017 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. 36. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 37. 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. 38. 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. 39. 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. 40. 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. 41. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving 2MUSR18-84-602 Page 8 of 9 farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 2MUSR18-84-602 Page 9 of 9 Hello