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Home My WebLink About20221108.tiffRESOLUTION RE: APPROVE REQUEST TO EXTEND TIME TO COMMENCE OPERATIONS FOR USE BY SPECIAL REVIEW PERMIT, USR18-0044, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING A CONCRETE BATCH PLANT, MATERIAL STOCKPILES, AN OFFICE, OUTDOOR TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT - TRICYCLE LANE TEXAS, LLC, C/O CLIFFORD HAHNE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October, 3, 2018, the Board of County Commissioners of Weld County, Colorado, approved the application of Tricycle Lane Texas, LLC, 301 Centennial Drive, Milliken, Colorado 80543, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral Resource Development Facilities including a Concrete Batch Plant, material stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Corrected Lot B of 2nd Amended Recorded Exemption, RE 1053; being part of the SE1/4 of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, Chapter 23, Article II, Division 4, Sections 23-2-290.A and .D of the Weld County Code address Termination of Use, as follows: A. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. D. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated. WHEREAS, the Board of County Commissioners was presented with a letter from the applicant, dated March 1, 2022, and a subsequent email dated March 29, 2022, requesting a three (3) year extension of time to commence operations at the Nissen Site permitted under USR18-0044, and CC : PL(TP/Ko), CA (86), APR- . SI9/2;2 2022-1108 PL2597 REQUEST TO EXTEND TIME TO COMMENCE OPERATIONS FOR USR18-0044 - TRICYCLE LANE TEXAS, LLC, C/O CLIFFORD HAHNE PAGE 2 WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services, and having been fully informed, deems it advisable to grant a one (1) year extension of time to commence the operations permitted under USR18-0044. NOW THEREFORE BE IT RESOLVED by the Board of Weld County Commissioners that the request of the applicant for a one (1) year extension of time to commence the operations permitted under USR18-0044, be, and hereby is, granted, with said extension granted through October 3, 2023. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WEL,D COUNTY, COLORADO ATTEST: det;d4A) al5..e‘,0;t1 K. James, Chair Weld County Clerk to the Board County = torney Date of signature: 1 -ii .ci/22 2022-1108 PL2597 March 3, 2022 Case History: TO: Board of County Commissioners DATE: FROM. SUBJECT: March 30, 2022 Kim Ogle, Planning Services Request for an extension of construction USR18-0044, Tri-cycle Lane Texas, LLC WELD COUNTY COMMfSSgONERS The Department of Planning Services received a written request signed by Clifford Hahne, Tri-cycle Lane Texas to extend the timeline for construction of a concrete batch plant for several years on lands that do not have a current USR permit for mining. October 3, 2018 April 17, 2019 July 10, 2019 USR18-0044 was approved by the Board of County Commissioners for Mineral Resource Development Facilities including a concrete batch plant, material stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone District. USR18-0044 was recorded on under Reception No. 4481999 Weld County Ordinance No. 2019-02 removed Asphalt and Concrete Batch Rants from Uses by Special Review outside of subdivisions and historic townsites on July 10, 2019 Chapter 23, Article II, Division 4, Section 23-2-290 addresses Termination of Use A. C-•-nstruction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. Alternatively, D. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. if the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated. 2022-1108 41112 lit TRICYCLE LANE TEXAS 11G. March 1, 2022 Weld County P lanning Department 1555 N 17th Ave Greeley, CO 80631 8505 Freeport Pkwy, Ste 150 Irving, Texas, USA 75063-2505 Attention: Planning Department To Whom It May Concern www.tricyclelane.com Tel 972.893.6070 DELIVERED VIA (Certified Mail) S ubject: USR18-0044 on Behalf of Tricycle Lane Texas, LLC, USR Extension Request This letter is being drafted to request an extension for USR18-0044 on behalf of Tricycle Lane Texas, LLC. Due to economic factors and the COVID-19 pandemic the project was postponed during the original permit timeframe. The applicant plans to develop the site per the approved USR in the next few years. Sincerely. Tricycle Lane xas, LLC Clifford Hahne Esther Gesick From: Sent: To: Cc: Subject: Robb J. VanderSchaaff <Robb.vanderschaaff@burnco.com> Tuesday, March 29, 2022 10:27 AM Esther Gesick Kim Ogle; Paul Rouse; Andy Rodriguez RE: USR18-0044 TLR BURNCO Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Item 1 response: 1. The reason for the need of the extension is as follows: the market in the area isn't growing at the rate that we initially anticipated, we were also permitting another facility in Elbert County that is almost complete during this timeframe. COVID and lack of man power are also contributing to our delay on this site. However, we are planning on moving an older plant on to the Nissen site in May and will continue to monitor the market growth. We anticipate getting this facility up and running by the construction season of 2025. We are asking for a 3 year extension to the USR. Thank you for your email. Robb J. VanderSchaaff Colorado General Manager Phone: 970.587.6925 Email: robb.vanderschaaff@burnco.com Over A Century Of Quality Service From: Esther Gesick <egesick@weldgov.com> Sent: Monday, March 28, 2022 11:19 AM To: Robb J. VanderSchaaff <Robb.vanderschaaff@burnco.com> Cc: Esther Gesick <egesick@weldgov.com>; Kim Ogle <kogle@weldgov.com> Subject: FW: USR18-0044 TLR BURNCO [EXTERNAL EMAIL] This email was sent from an entity outside of our organization. If the email sender's name resembles someone who works for our organization, this email should be deleted or reported via your PhishAlert button in Outlook. Hello Robb, Pursuant to our telephone conversation, I'm reaching out to gain additional information concerning your request so I can prepare a Draft Resolution for the Commissioners to consider. Additionally, because we will be sending a notice of hearing via Certified mail, you indicated April 18th will work for someone who is authorized to speak on behalf of the organization to be available to attend. Please respond with the following: 1 1) A specific end date for the extension and explanation for the time needed. 2) Mailing address for Andy Rodriguez, Civil Resources. Thank you! Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential cr otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kim Ogle <kogle@weldgov.com> Sent: Monday, March 28, 2022 10:00 AM To: Esther Gesick <egesick@weldgov.com> Subject: FW: USR18-0044 TLR BURNCO Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Robb J. VanderSchaaff <Robb.vanderschaaff@burnco.com> Sent: Friday, March 4, 2022 9:11 AM To: Kim Ogle <kogle@weldgov.com> Cc: Jaimie Addy <Jaimie.Addy@burnco.com>; Andy Rodriguez <andy@civilresources.com> Subject: USR18-0044 TLR BURNCO Caution; This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kim, I hope this finds you well, our extension letter was sent certified mail to your attention earlier this week. I would like to set up a call with you next week at your convenience to discuss this. 2 Thanks a C 23 a O Robb J. VanderSchaaff - 3qJ( C��,Ey�n �ett Colorado General Manager Tbr,vc. i Phone: 970.587.6925 � ��1��```, toX0543 Email: robb.vanderschaaff@tburnco.com Over A Century Of Quality Service Esther Gesick From. Sent: To• Subject. Attachments. Kim Ogle Principal Planner Weld County Planning Services 970 400 6100 Office 970 400 3549 Direct kogle@weldgov corn Kim Ogle Monday, March 28, 2022 10 00 AM Esther Gesick FW USR18-0044 TLR BURNCO Tricycle Lane Texas - Letter to Weld County - February 11 2022Final pdf Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Robb J VanderSchaaff <Robb vanderschaaff@burnco corn> Sent: Friday, March 4, 2022 9 11 AM To: Kim Ogle <kogle@weldgov corn> Cc. Jaimie Addy <Jairnie Addy@burnco corn>, Andy Rodriguez <andy@civilresources corn> Subject: USR18-0044 TLR BURNCO y Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the = sender and know the content is safe Kim, I hope this finds you well, our extension letter was sent certified mail to your attention earlier this week I would like to set up a call with you next week at your convenience to discuss this Thanks Robb J VanderSchaaff Colorado General Manager Phone 970 587 6925 glaj Email robb vanderschaaff©burnco corn OverA Century Of Quality Service 1 Esther Gesick From Sent. To: Subject Kim Ogle Monday, March 28, 2022 1 15 PM Esther Gesick, Robb vanderschaaff@burnco corn RE USR18-0044 TLR BURNCO 4. Andy Rodriguez, P E Please note our new address below: Civil Resources, LLC 8308 Colorado Blvd Suite 200 Firestone, CO 80504 Phone 303 833 1416 x202 Cell 303 909 0776 www civilresources corn Kim Ogle Principal Planner Weld County Planning Services 970 400 6100 Office 970 400 3549 Direct kogle@weldsov corn Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Esther Gesick <egesick@weldgov corn> Sent: Monday, March 28, 2022 11 19 AM To: Robb vanderschaaff@burnco corn Cc: Esther Gesick <egesick@weldgov corn>, Kim Ogle <kogle@weldgov corn> Subject: FW USR18-0044 TLR BURNCO Hello Robb, Pursuant to our telephone conversation, I'm reaching out to gain additional information concerning your request so I can prepare a Draft Resolution for the Commissioners to consider Additionally, because we will be sending a notice of hearing via Certified mail, you indicated April 18th will work for someone who is authorized to speak on behalf of the organization to be available to attend Please respond with the following 1) A specific end date for the extension and explanation for the time needed 2) Mailing address for Andy Rodriguez, Civil Resources Thank your 1 ▪ x.t [[PPwNPruuR _. tAt wwwNrar R.cwunuatuaam 1.40•• Orlf.IIMIITOINNKNUM.YONSMOOFT ▪ IME.N.C•ntr•14•410. erYdVaDeal.00•Lod.411SCIA.0•015.•14..1% SAW. Nom... nT �ii loym M�ukiwraim®al easenoonsoao 108:11. 00011l1(021 MASSE I =SIN] FENCE root" AcIrrArrocrotratt Til2 CODA. CO mliA O z DATING MCI N.Vw.ls�µl 106411 non OW LEL esLII csar AW[N�rs I II USR 18-0044 LOCATED IN THE SE1/4 SECTION 12, T6N, R65W OF THE 6TH P M , COUNTY OF WELD, STATE OF COLORADO AREA = 28 15 ACRES MORE OR LESS NACU VIL0,10:024 i ANC. 0•09.60 [NOT. Re22200. del IIII9•10 I °n rr MOLT:. rranvera NMI IOLA PUNNI O CONNtSSION CERIIRCATON TM I9 TO CERTIFY MT THE NERD COWRY PLA NNE1 =MUG. HAS CERTSIEDumOOEO SEREST TY86.0ENO TOR BOARDOF 1Wulrt1' CpN �IOEES, xEln COUNTY«Lon.. FOR G9 CONFERNAION APPROVAL AND 000 ON1Nn SITES MOM DEVELOPMENT PLAN AND U6E BY FAECAL Ta{1p8w� � yNooESCpreEp,5NEuopmms ID17 OWR WELD COVERT PIANNWO CONGOS. BOAR. OF COUNTYOONMISSONERSCE5ITFCATION TM IS TO CERTIFY 'MAT IRE BOARD OF COUNTY CM/SUMMERS WELD GOUTY COLORADO ODES BERMAOOPT THE SITE SPECFIC DEYEIOPNENl BRAN AND USE BY SPECIAL REVIEW AND GEVELOPNEMSIANOANW AB MOWN AND DESCRBED THEREON AND DOES HEREBY ACCEPT ANO APPROVE THE DEO RI 050S 1E NISAVOR 01 W CRFC. w ALL 0HT50FWAYw5 SR0Vm HEREON TIN BOARD Newsy SS 076001 ddrA2V kE.11..tE WELD Cann CLERK TO THE BOW Be bFM.91t&W el TEAMD'i, -w DEPUTY CTTANuro ISE BOARD PROPER, OWNERS CERTIFICATION 1NE U50IREGNED 105 PROPEROYOAMER(S) 00 HERESY AGREE ROTE SITE DBIC OEV ElON1EM 0.IN M9 UEE BW BPECUI pEYIflY OEV EIO V NEAR Ar or 2ylj N SCRIBEONEREOEWS O/a)A SIGNATURE SEC 2 T5N RS5W SEC 1 T5N R85W / SEC 8 T5N 6840 ISEC 12 /1 SEC 7 T5N T5N RBFW SEC 11 865E 5 13115W _ =•F 0 ( '( .5:•,.I CD NCR SO SEC NO 0 0 f(4 ;8 S dtllsY SEC 18 RB5W T5N R85W 8 RB4W VICINITY MAP SCAM ',ROT LEGEND Op wA F ®ses B ..Nees rev 5140113•1411.11,114 0seaven ASCAtonoraero ®F m..uuA rA.a..T.PmtPB 0=530051 UNITED CIVIL Design Group CIA EEn0as,wp 5 Consulting 1501 4oderny0. Ste 205 FOR Co NS CO50524 (8870)) 550045 row meadow tom Naum et O 9 moo V^/ a 2 z O a H N UiO a w wFn cc Q U W a 1 101.41. MAIDOIL U16012 RETENTION I POND STORAGE AREA 1 LEGEND fe. WATERACTNTTY ENTERPNSE OF THE GROUNDWATERIAND SVNAG weDIBTRICT OF THE CENTo WATER ST PARCEL 000112202010 -- PROPOSED ROAD CROSSING AND DAMAGE CR SWG D I I /A r BORES PICHAPDN PARCEL PAAII1JLD01A sea,. ALOM3 WESTERN PROPERTY BOUNDARY EXISTING SNARED ASS —.. ROAD ON ADLACE PRDPERTYN06NAREO 05E FA.W ENT PER REC 0111110 DATED IS]OL DOIEED DeSJIIIn4REC 01) O z of sous I so R.40 MP) Sasses aKCA� ,y0 / �3 I PROPERTY — — — NNE _ __ —, _. _ _ • I' PROPOSED 510014 OUTFALL MOD 0 DETENTIONPONO I TO - I I PROPOSED ONSRE I WASTEWATER 11REATNENT I , SYCTEN LOWI52 • IEXUDING .9FENCE / 4p - I0 EMPLOYEE �YEEEIPAMPAS 2 WROR'ARMS, n STALLS 1100 8TKL1 GRAVEL YARD AREA wp\\� ADESTAR. I _ _ mi ` PENA IBINYEAR FLOOOPLNN PANEL ISM JANUARYS° 2010 EAISTING DRAINAGE SWATS EXISTING GIRT DRIVE PROPOSED CONCRETE BOON PUNT PROPOSED OFFICE BUILDING CULVERT _ I ��•w TRUCKPARXI�� wvi 1-4414 / / I WATEROWIPTY T`•`/ �1 STORN�TEROETFATORAGE REA / ••••• V LIwE BroAC-PT ^II2 N/ EBD / PWPDSEBRAOMDESWNF / / +I I1Q BEfbLRFltON WELLHEAD—�. / / OTALLBEm1 F`j/ I / \\\\\\\\\\ \ - \\\\\\\ \\\ IRDYCLEIANE TElM5 LLC PANrEI roB r2OlOrJO \\\\\\\\\\\ I I t 1'1T 1 STOMP RE AREA •��/ 200401BA0K FROG] TANK BATTERY B CRMWKK PENCE ON PROPERTY 000 CESJIO A GRAVEL CONEWA0 EXISTING 0Y.WFACdR1ER SNARED ACCESS OMEVAA T WELD COUNTY ROAD SS PAGE, MARE Al STEWARTA AMES PARCEL 1.IU¢0I -\\ BROM SEAR l vDHN arRUD c 2JIJ2HCgb j'Axµ COW I309.2 I i =BERMAN 'MAUL JL12Mp1b TAU. DERN NANO SOUMERN PROPERTY BOUNDARY 202 SETBACK BATTERY ! CIMWLLNK FENCE ON PRO 7k' /// STING ACCESS TO SEAWAY,NED ,orLNsad NbwARD w 20021.44 PARCEL 0P RIVE04AP 11 SCAL SAS FOSTER CONY,. HARDY WAY LEE MAP WCR PARCEL 09011200012) I I I I I I Erb. r_ — — IOLPaNYJI.WAIUMICSAGAJJ UMIII USR 18-0044 LOCATED IN THE SE1/4 SECTION 12, T6N, R65W OF THE 6TH P M , COUNTY OF WELD, STATE OF COLORADO AREA = 28 15 ACRES MORE OR LESS LIGHTING PLAN NOTES THERE WILL BE AO FRS! STANDING LIONT POLES °RUMPS ON WE YONOOOR UONTWo WILL BE FROM NLsouTOFF WALL PACK DElCEO seas INSTALLED ON THE PROPOSED CONCRETE BATON PUNT AND LIGHTS WILL BE INSTALLED 1,0 IP ABOVE GROUND OWILE COANWARDE°REEMO SO 11MTN BEAUS OP WS LLOHT WILL FAME THE SITE LANDSCAPE PLAN NOTES 1 ALL NONGIMVELAND PAVED AREAS INCLUDING LANDSCAPE BERNS...USE SEEDED VWTN A NATIVE ORYLND SEED NM PER CURRENT WELD COUNTY STANDARDS 2 TREES AND SHRUBS SHALL BE INSTALLED PER THE TABLE BELOW PER THE LOCATIONS SHOWN ON'HENAN& EXISTING DRAINAGE SVALE I PLANT UST SO NON-EXCLUSIVE ( USIVE I AI. •014141.410 PIPELINE 1ANENT REC 011]0511 ON01DYA1S NULL BERN KONG EASTERN PROPERTY BOUNDARY SCPL LEGGIER BNANOYL ARPC !NCR PI PARCEL Obit 1.041 ROSENWTMI STEVE,. Gb F 0901,300011 11 11 I I II 11 MOWN Well Mei.ty COW. Ar•1u.ee. C•mmFw rs UNITED CIVIL Design Group CMI En5MOONq Camden 1501 Academy Ct Ste 203 Fort COCOS CO 80524 070) 530.1044 anew W1Ntlnl mm Jiff 1plC C �a lie; sal ssOunn a 2 g a O CC co a w ce co cc ILL a 0 8 8 WIELIMIARol 2 or 2 rasa WALE IomT1,. Or NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing The cost of engaging a court reporter shall be borne by the requesting party In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 E-mail messages sent to an individual Commissioner may not be included in the case file To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com DATE. April 18, 2022 TIME. 9 00 a m APPLICANT Tricycle Lane Texas, LLC do Clifford Hahne 8505 Freeport Parkway, Suite 150 Irving, Texas 75063-2505 REQUEST. Extend Time to Commence Operations for Site Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral Resource Development Facilities including a Concrete Batch Plant, material stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone District LEGAL DESCRIPTION Corrected Lot B of 2nd Amended Recorded Exemption, RE -1053, being part of the SE1/4 of Section 12, Township 5 North, Range 65 West of the 6th P M , Weld County, Colorado LOCATION. North of and adjacent to County Road 58, approximately 2,900 feet west of County Road 49 5 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 6, 2022 Certified Mail Fee PROPERTY OWNERS FOR EXTENSION OF TIME TO COMMENCE OPERATIONS USR18-0044 Owner TRYCYCLE LANE TEXAS, LLC C/O CLIFFORD HAHNE BURNCO ATTN: ROBB VANDERSCHAAFF CIVIL RESOURCES, LLC ATTN: ANDY RODRIGUEZ, P.E. Address 8505 FREEPORT PARKWAY SUITE 150 301 CENTENNIAL DRIVE 8308 COLORADO BOULEVARD SUITE 200 City IRVING MILLIKEN FIRESTONE State Zip TX 75063-2505 CO 80543 CO 80504 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for the Request for an Extension of Time to Commence Operations for Use by Special Review, USR18-0044, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 6th day of April, 2022. Esther E. Gesick Clerk to the Board U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total tage and Fe vsrew.Tt Lan -ems 1-e sect() 14) _ Postmark Here y,as LL -CI r�-Ford-l-Iahnt Stp�0.Aa1. Nq.m D fJ7 !'lp ta/,l•4n cY PS Form 3800, April 2015 PSN 7530-02-000-9047 5k- 15D -a-1505 (; il5TC-I8-OO44 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION C) CO 44 a¢ ❑❑ cow 0 N C7 a) C 'O al Cl w N 'V T'• ^`S a) E E 0 as - c a) 1- s�. p, E — O •� U a ■ ■ 0 12 sc C= W C U cn G • U _oa) oS2 cn cp C -p C cI i C a) .C L 'w 5. Lu }. 9-. caf) d N .Q E a) -c - O 0 a) 3✓ O 0 O as Q ■ C CD U) W22 C C 2 Ti? 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Postage Total ge and Fees (ne,{) Postmark Here Rbhb c/thder5c4it1a4F Str tond,Apt e zn esper , • a i 1WI 1101 vrt&,i W S 65443 r • PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total ostage and F s $ v► 1 esOc,c,rec.s Postmark Here SAL S nd A,pt, No�� . C MA. ,' Imo dl ri D+rci do fib' �Uci c,D V)61) PS Form 3800, April 2015 PSN 7530-02-000-9047 1 i` • w ) < t gs - O NO c•. 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Article Number (Transfer from service label) N 0 O a II N C 0 a CD O O HI r-9 CI Domestic Return Receipt co C) 0 O tV O M ti O O CO T co cn Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0044, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING A CONCRETE BATCH PLANT, MATERIAL STOCKPILES, AN OFFICE, OUTDOOR TRUCK AND EMPLOYEE PARKING IN THE A (AGRICULTURAL) ZONE DISTRICT - TRICYCLE LANE TEXAS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 3rd day of October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Tricycle Lane Texas, LLC, 301 Centennial Drive, Milliken, CO 80543, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral Resource Development Facilities including a Concrete Batch Plant, material stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Corrected Lot B of 2nd Amended Recorded Exemption, RE -1053; being part of the SE1/4 of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Attorney, Mark Johnson, 301 Centennial Drive, Milliken, CO 80543 and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the unfavorable recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are/are not in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinances in effect. 1) Section 22-2-20.G.3 (A.Policy 7.3) states: "Conversion of agricultural land to urban residential, commercial and industrial uses should be considered when the subject site is located inside an Intergovernmental Agreement (IGA) area, Urban Growth ccl PLCTP/ KO), Pw(EP), Et{feF),cQL(Ft-I), G,PPL., cl.PPL R&P 2018-2969 t % l Co/ l 8" PL2597 SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 2 Boundary area, Regional Urbanization Area or Urban Development Nodes, or where adequate services are currently available or reasonably obtainable. A municipality's adopted comprehensive plan should be considered, but, should not determine the appropriateness of such conversion." The proposed facility is located within the Intergovernmental Agreement Area (IGA) between Weld County and the Town of Kersey. This site, while located within the IGA for the Town of Kersey and within the Kersey Influence Area, is located in an "Undetermined Use" area per the Future Land Use — Large Scale map within the 2016 Comprehensive Plan. The applicant met with the Town of Kersey Town Administrator in 2016. The Town did not express concerns for this application at the time of meeting. The intent of the meeting was to discuss the project. 2) Section 22-2-80.A (1.Goal 1) states: "Promote the location of industrial uses within municipalities, County Urban Growth Boundary areas, Intergovernmental Agreement urban growth areas, growth management areas as defined in municipalities' comprehensive plans, the Regional Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where adequate services are currently available or reasonably obtainable." The proposed relocated plant site is within the Intergovernmental Agreement area between the Town of Kersey and Weld County. The property has access to highway infrastructure which is essential to deliver aggregate materials to the site from out of state and to deliver materials from the site to growing communities in Weld County and Northern Colorado. Representatives for BURNCO USA met with the Town of Kersey, the nearest municipality to the site, to discuss haul routes and the overall fit of the project within the area. 3) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." BURNCO USA will be required to enter into an Improvements Agreement with Weld County for off -site improvements, a road maintenance agreement, a construction maintenance agreement, and an access improvements agreement at this location. The applicant's Traffic Study has been reviewed by representatives for CDOT who did not return a referral response. 4) Section 22-2-80.E.2 (I.Policy 5.2) states: "Development improvements should minimize permanent visual scarring from grading, road cuts and other site disturbances. Require stabilization and landscaping of final land forms, and that runoff be controlled at historic levels."To minimize the visual impact of the site, as well as provide a noise buffer, earth berms planted in a drought tolerant native grass will be constructed along the east, west and south 2018-2969 PL2597 SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 3 property boundaries only and not adjacent to the north property boundaries adjacent to the current mine. The existing Plumb Ditch is adjacent to the north of the proposed site. This agency did not return a referral indicating a conflict with their interests. 5) Section 22-2-80.F (I.Goal 6) states: "Minimize the incompatibilities that occur between industrial uses and surrounding properties." Current surrounding land uses are the existing Nissen Farm gravel mine, low intensity agricultural and rural residential uses. This proposed facility will support the economic growth planned for this area. BURNCO USA has taken steps in planning for this project to mitigate impacts on its future neighbors through the large earth berms, the placement of the batch plant site to the north behind the earth berm and away from the rural residential development. As previously stated, this site, while located within the IGA for the Town of Kersey and within the Kersey Influence Area, it is located in an "Undetermined Use" area, per the 2016 Comprehensive Plan. 6) Section 22-2-80.F.3 (I.Policy 6.3) states: "Encourage informational neighborhood meetings for proposed industrial uses that do not require a public hearing." Representatives for BURNCO USA met with the neighbors concerning this proposed site development project in mid -August 2017. Per the application materials, the response was generally positive. B. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-40.A.4 allows for Mineral resource development facilities, including concrete batch plants and appurtenant facilities, including an office, truck parking and staging and material stockpiles as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located on a parcel of land located north of County Road 58, and adjacent to the Weld County Parkway. The Plumb Ditch is adjacent to the north property line and beyond the ditch is the current Nissen Farm mine, land use permit number USR-1435. The site is located approximately 0.5 miles north from the current Town of Kersey corporate limits; and 2.5 miles east of the Town of Greeley corporate limits. The property is located within the Intergovernmental Agreement Area for the Town of Kersey, who did not return a referral response. Weld County RE -7 schools, in their referral dated June 7, 2018, indicated " ... the district is concerned with the high volume of truck traffic that would be created and how that would affect our (Weld County Schools) transportation department regarding our (Weld County Schools) bus stops." There are several residential structures 2018-2969 PL2597 SPECIAL REVIEW PERMIT (USR18-0044) -TRICYCLE LANE TEXAS, LLC PAGE 4 located in the immediate area with residences being located south of and adjacent to County Road 58, with additional residences located to the east on larger tracts of agricultural land. Adjacent land uses to the north include the Nissen Mine (USR-1435), Wagistics Mineral Resources Facility (USR14-0065); to the west is the Platte River floodplain and floodway; to the south are two dairy's (SUP -171 and SUP 457), an oil field construction and storage yard (USR16-0045); to the east is a high pressure gas pipeline (USR11-0024) and the Journey Ventures mine (MUSR15-0020). The application indicates that 75 percent (8-9 vehicle trips) of the truck traffic associated with the business will utilize County Road 58 heading west to the Weld County Parkway, with 25 percent of the traffic (2-3 vehicle trips) heading east on County Road 58. Vendors and employees will access the facility from County Road 58. Staff has received two letters of correspondence from surrounding property owners or interested persons regarding this USR. Staff has received several telephone calls requesting information on the land use application with additional comments on the perceived impacts of this facility on the neighborhood. The Conditions of Approval require a Lighting Plan and an updated Landscape/Screening Plan. The Screening Plan shall screen the truck and equipment parking and the outdoor storage from adjacent property and public rights -of -way. The applicant will be required to enter into an Improvement Agreement for the facility to address off -site impacts. These vehicular improvements, along with the Development Standards and the Conditions of Approval for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code, and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Town of Kersey and the City of Greeley. The site is located within the existing Intergovernmental Agreement (IGA) area or Coordinated Planning Agreement (CPA) area for the Town of Kersey. The Town of Kersey did not return a referral response, and the City of Greeley, in their referral dated July 5, 2018, indicated no conflict with their interests. The siting of the batch plant facility with direct access to the Weld County Parkway and compliance with the municipal comprehensive and land use plans for future development creates an area that can support this type of development. Further, the Town of Kersey identifies the parcel to be in an "Undetermined Use" area, per the 2016 Comprehensive Plan. To address any mitigating requirements, the Conditions of Approval will require a site Lighting Plan, and Landscape and Screening Plan to be submitted to the Department of Planning Services for review and approval. The Development Standards address nuisance transient lighting, provide that uses on the property should comply with the Colorado Air Quality Commission's air quality regulations, and all waste materials shall be handled, stored, and disposed 2018-2969 PL2597 SPECIAL REVIEW PERMIT (USR18-0044) -TRICYCLE LANE TEXAS, LLC PAGE 5 of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. All site activities will be limited to a measurable noise standard and the property is to be maintained such that a nuisance condition is not allowed to develop. E. Section 23-2-230.6.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. This property is not located in a floodplain, or geologic hazard area or airport overlay district.. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 34 acres of "Prime, if Irrigated Land," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property has historically been utilized for agricultural production and oil and gas development consisting of a single well head and tank battery; currently there is no irrigation on the property. G. Section 23-2-230.B.7 -- There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Tricycle Lane Texas, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0044, for Mineral Resource Development Facilities including a Concrete Batch Plant, material stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the USR Map: A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. B. If the proposed access is on a different parcel, the applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. 2018-2969 PL2597 SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 6 C. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F which states, in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." Further, the Lighting Plan shall incorporate the Dark Sky Standard. D. The applicant shall submit an updated Landscape/Screening Plan to the Department of Planning Services for review, and approval by the Board of County Commissioners. The equipment parking area, the employee parking area and areas utilized for outdoor storage shall be screened from adjacent properties and public rights -of -way. E. The applicant shall submit a Parking Plan showing at, a minimum, 20 parking spaces for the employees, including site personnel and truck drivers. Additional spaces shall be shown for the on -site equipment and for vendors who may visit the site. F The applicant shall submit a copy of the signed Plumb Ditch Company crossing agreement, or a letter indicating no agreement is necessary shall be submitted to the Department of Planning Services. G. An Improvements and Road Maintenance Agreement is required for off - site improvements at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. The haul route traffic from the batch plant location will be routed to the west to the Weld County Parkway. H. The applicant shall address the concerns of Platte Valley School District, Weld RE -7, as stated in the email dated October 3, 2018, and submit written evidence to the Department of Planning Services. I. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0044. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 2018-2969 PL2597 SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 7 5) The map shall delineate the earth berms, the vegetative landscape and opaque screening. 6) The map shall delineate the parking areas for employees, on -site equipment and vendors. 7) The map shall delineate the site and facility lighting incorporating the Dark Sky Standard. 8) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 9) County Road 58 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. This road is maintained by Weld County. 10) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. 11) The applicant shall show and label the approved tracking control on the site plan. 12) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 13) If applicable, show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the site plan. 14) The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 15) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 16) The applicant shall show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 2018-2969 PL2597 SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 8 17) Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of Section 23-3-50.E of the Weld County Code. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County grading permit will be required. 6. Prior to the issuance of the Certificate of Occupancy: A. An On -site Wastewater Treatment System is required for the proposed facility and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County On -site Wastewater Treatment System Regulations. 7 The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2018-2969 PL2597 SPECIAL REVIEW PERMIT (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of October, A.D., 2018. ATTEST: ddotedo �.,W el Weld County Clerk to the Board BY: Deputy Clerk to the Board APED oun y • ttorney Date of signature: WS/I8' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair EXCUSED Barbara Kirkmeyer, Pro-Tem Mike Freeman (AYE) 2018-2969 PL2597 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TRICYCLE LANE TEXAS, LLC USR18-0044 1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0044, is for Mineral Resource Development Facilities including a Concrete Batch Plant, material stockpiles, an office, outdoor truck and employee parking in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The normal hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Saturday, for the site office. 4. The hours of operation shall be the following: A. Hours of Operation for Ready Mix Concrete: 1) The Ready Mix Concrete Plant will only operate Monday through Saturday. 2) The standard hours of plant operation will be limited to one (1) hour before sunrise to one (1) hour after sunset. 3) When the plant is operating at night, it will only occur when material is requested by cities, counties, or CDOT, for night paving projects. Operations will be considered "night operations," when they take place between the hours of one hour after sundown to one hour before sunrise. Depending on the request of the jurisdiction purchasing the concrete, night operations could occur seven days per week. When BURNCO USA, Bestway Concrete Company and Hall -Irwin Company become aware of projects that require night operations, they will email the Weld County Planning Director to let him/her know about the plans to operate outside of daylight hours, who the project is for, how long it will be occurring, and where the materials are being delivered. 4) Ready Mix trucks will generally operate during plant operation, but may return to the plant after plant shutdown to be cleaned and parked. B. Hours of Operation for Aggregate: 1) Aggregate washing operations will only occur during daylight hours (dawn to dusk); actual operating hours will vary dependent on weather and business levels. 5. The number of on -site employees shall be five (5) full-time employees and 15 truck drivers, as stated by the applicant. 2018-2969 PL2597 DEVELOPMENT STANDARDS (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 2 6. The parking area on the site shall be maintained. 7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8. The landscaping/screening on the site shall be maintained. 9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10, No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5 11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 13. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. 14. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone, as delineated in C.R.S. §25-12-103. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District, as delineated in Section 14-9-30 and as measured at the existing residential structure directly to the east. 15. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on -site. 16. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the provisions of the State Underground and Above Ground Storage Tank Regulations. 17. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 2018-2969 PL2597 DEVELOPMENT STANDARDS (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 3 18. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 19. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 20. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. Any reportable spills will be reported and documented in accordance with all state and federal regulations and records will be kept onsite for WCDHPE review upon request. 21. In the event the septic systems require a design capacity of 2,000 gallons or more of sewage per day, the applicant shall adhere to the requirements of the Colorado Department of Public Health and Environment, Water Quality Control Division's (WQCD) Regulations. 22. For employees that are onsite for less than two (2) consecutive hours a day, or ten (10) or less customers or visitors per day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 23. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 24. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Waste Water Treatment Systems. 25. The facility shall notify the County of any revocation and/or suspension of any State -issued permit. 26. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State -issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. 27. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 28. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 29. The access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 2018-2969 PL2597 DEVELOPMENT STANDARDS (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 4 31. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 32. The property owner shall comply with all requirements provided in the executed Improvements Agreement. 33. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates 34. The historical flow patterns and runoff amounts on the site will be maintained. 35. Weld County is not responsible for the maintenance of on -site drainage related features. 36. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties and incorporate Dark Sky Standards. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 37. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 38. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 39. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 40. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 41. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2018-2969 PL2597 DEVELOPMENT STANDARDS (USR18-0044) - TRICYCLE LANE TEXAS, LLC PAGE 5 42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 43. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2018-2969 PL2597 Hello