The URL can be used to link to this page

Browse Search

Home My WebLink About20220099.tiffRESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR14-0002 - JSB RENTALS #1, LLC, C/O ANDY GERK WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated April 16, 2014, the Board approved Use by Special Review Permit, USR14-0002, fora Mineral Resource Development Facility, including Oil and Gas Support and Service Facility (storage area for oil and gas production control units and other well site related equipment, parking for employee vehicles and commercial trucks, and a 13,600 -square -foot field operations building) in the A (Agricultural) Zone District, for Circle B Land Company, LLC, on the following described real estate, to -wit: Lot C of Recorded Exemption, RECX13-0066; being part of the SE1/4 of Section 15, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, JSB Rentals #1, LLC, c/o Andy Gerk, 2780 West 10th Street, Suite 200, Greeley, Colorado 80634, to vacate said Use by Special Review Permit, USR14-0002, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of 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 vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR14-0002, be, and hereby is, vacated. 4798144 Pages: 1 of 2 cc:?L(1P/µN), APPL. .00 Carl2y8/2022 Koppes,OClerZk and Recorder, Weld County , CO ©;LIt5/21 mill MAY:I�i'�� IM iiY�GI+Lial�'J�DEN+�Q LW 11111 2022-0099 PL2267 VACATE USR14-0002 - JSB RENTALS #1, LLC, C/O ANDY GERK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of January, A.D., 2022. ATTEST: Weld County Clerk to the Board 1 J e s 4 .a II puty Clerk to the Board my t'brney Date of signature: 4798144 Pages: 2 of 2 01/28/2022 03:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I rjl�YI I M111i4�'1 KLY 11AMIL1M K IQ11 h 11111 BOARD OF COUNTY COMMISSIONERS W D COU TY, COLORADO S oottt K. James, Chair Mike -Seeman, Pro -S rry teve Moreno Lori Sa 2022-0099 PL2267 TO: FROM: SUBJECT: HEARING DATE: APPLICANT: LEGAL DESCRIPTION LOCATION: PARCEL NUMBER: PARCEL SIZE: ZONE DISTRICT: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Maxwell Nader, Planner Vacation of USR14-0002 January 5, 2022 JSB Rentals #1, LLC c/o Andy Gerk Lot C of Recorded Exemption RECX1 3-0066; being part of SE4 of Section 15, T6N, R66W of the 6th P.M., Weld County, CO North of and adjacent to Highway 392; west of and adjacent to County Road 33 0805-15-4-00-003 +/- 5.5 acres C-3 (Business Commercial) NARRATIVE: The applicants have been conditionally approved by the Board of County Commissioners on November 11, 2021 for a Change of Zone request. The request was for changing the zone from A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District, via COZ21-0003. A condition of approval on COZ21-0003 staff report read the following: 1.A. "There is a Use by Special Review Permit USR14-0002, Reception # 4023036, for an Oil and Gas Support and Service Facility (Storage area for oil and gas production control units and other well site related equipment, parking for employee vehicles and commercial trucks, and 13,600 square foot field operations building) in the A (Agricultural) Zone District. This USR encompasses the entire subject property. The applicant shall address the continued operation of USR1 4-0002. The applicant shall have a complete vacation completed prior to recording the Change of Zone map." JSB Rentals #1, LLC proceeded to request a complete vacation of USR14-0002 on Lot C of Recorded Exemption RECX1 3-0066. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. If approved, the BOCC Resolution will satisfy condition 1.A of the COZ21-0003 resolution and the COZ21- 0003 plat may proceed with recording. Vacation of USR14-0002 I Highpoint Operating Corporate c/o JSB Interests, LLLP Page 1 of 1 2022-0099 OI�G5 PLCD1 From: Melissa Wheeler To: Maxwell Nader; Andy Gerk Subject: RE: Complete Vacation of USR14-0002 Hearing Dates Date: Wednesday, December 8, 2021 4:15:43 PM 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. Hi Max, We will go with the 5th. Thank you! Melissa Wheeler Q From: Maxwell Nader <mnader@weldgov.com> Sent: Wednesday, December 8, 2021 8:56 AM To: Andy Gerk <agerk@baesslerhomes.com> Cc: Melissa Wheeler<MWheeler@baesslerhomes.com> Subject: RE: Complete Vacation of USR14-0002 Hearing Dates Andy, The next available dates are the following two: January 3 @ 9:00 a.m. January 5 @ 9:00 a.m. Apologies I will be out of the state come the 19th therefore it will have to be the beginning of the year. Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnader@weldov.com Phone: (970)-400-3527 Q Confidentiality Notice: This electronic tra nsmission and any attached documents or other writ] rigs 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: Andy Gerk <agerk@baesslerhomes.com> Sent: Tuesday, December 7, 2021 5:52 PM To: Maxwell Nader <mnader(@weldgov.com> Cc: Melissa Wheeler<MWheeler@baesslerhomes.com> Subject: RE: Complete Vacation of USR14-0002 Hearing Dates 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. Max, We are back in the swing of things and getting up to speed. Can you provide additional dates please. Thank you. AC Andy Gerk From: Maxwell Nader <mnader(Jweldgov.com> Sent: Tuesday, November 23, 2021 7:18 AM To: Andy Gerk <agerk(�baesslerhomes.com> Cc: Melissa Wheeler<MWheeler(Thbaesslerhomes.com> Subject: RE: Complete Vacation of USR14-0002 Hearing Dates Andy, Does 12/6 or 12/8 work for you @uys? If not I can provide further dates. Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnaderf )we ldgov.corn Phone: (970)-400-3527 Confidentiality Notice: This electronictransmission and any attached documents or other writlrigs are intended only for the person or entity to which It is addressed and may contain lnformatlon that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e -m.] and destroy the communlcatlon. Any disclosure, copying, dlstributlon or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named reclplent is strictly prohibited. From: Andy Gerk <a erk(Thbaesslerhomes.com> Sent: Monday, November 22, 2021 4:55 PM To: Maxwell Nader <mnader(a�weldgov.com> Cc: Melissa Wheeler<MWheeler(Jbaesslerhomes.com> Subject: RE: Complete Vacation of USR14-0002 Hearing Dates 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. Max, Neither today or next Monday worked in our schedule. Can you please provide a couple additional dates? Thank you. Andy Gerk 19 From: Maxwell Nader <mnaderTweldgov.com> Sent: Monday, November 22, 2021 8:26 AM To: Andy Gerk <agerk(@baesslerhomes.com> Cc: Melissa Wheeler<MWheeler@baesslerhomes.com> Subject: RE: Complete Vacation of USR14-0002 Hearing Dates Andy, Any thoughts on the dates for the Complete Vacation of USR14-0002 or are you waiting to determine how to move forward with the IA/RMA process first? Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnaderfcr)we Idgov.corn Phone: (970)-400-3527 Q Confidentiality Notice: This electronictransmission and any attached documents or other writings are intended only for the person or entity to which It is addressed and may contain lnformatlon that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please Immediately notify sender by return e-m]l and destroy the communlcatlon. Any disclosure, copying, dlstributlon or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named reclplent is strictly prohibited. From: Maxwell Nader Sent: Friday, November 12, 2021 7:20 AM To: Andy Gerk <agerk(�baesslerhomes.com> Cc: Melissa Wheeler<MWheeler(Jbaesslerhomes.com> Subject: Complete Vacation of USR14-0002 Hearing Dates Andy, The followin@ dates are available for the complete vacation of USR14-0002 hearin@. 11/22 or 11/29 Let me know if either of these dates work. All I need from you is the a letter requesting the vacation and why (Approval of COZ21-0003) Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnaderweldgov.corn Phone: (970)-400-3527 Confidentiality Notice: This electronictransmission and any attached documents or other writlrigs are intended only for the person or entity to which ft is addressed and may contain lnformatlon that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-m]l and destroy the communlcatlon. Any disclosure, copying, dlstributlon or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named reclplent is strictly prohibited. 3,0 �III�IE'+NllMriild�iNiIXkl'LRWNI91i1L U'IdiYi4Y1vA illll GENERAL NOTES z xl,�.r ay aw.I,a"movaadnro�.r�rvbseamn�>a,ee,x° emu �""eN e "sa�Po��m ame ®w ar.e,ea„:abe" x ax°am r.wlnrn „� e ,er!ab sl isle........ a ern one`otlinlereecimuar�u.e mxwiaonM r e� �sMaeu:ravaln.zozrakvrre r� urz ceormeewasIe Henaw�mea.dcutlu e°"naa ' �°oro.i�i�sr�l�iwr°��laeaaemi e�p,e"e ao°er.mwm"�,�n � su"acsva°m 1°areaon lrrc m'gyvnln euprmntbnza[me NHe4Pwnry eoae,,erulrvnnw lwvwual zd rya.ms. r rewmlwr. conuelaM�evanui be Prexdee lerannMxewaMawlerypup"ses_v z wCPn°„ ""^I"m, aam< a^,eblrm,�,vWw. er.ba.anax a ; x mry aMemles�°rcsu soon ee ,ma, " ' peemavw usM wM1 mrrzvn+wrNze m ,orwnwveo a7, uaflcxnve r sarryMxg min as oeesn aM �pz �m syenaer"eavtt°nup nzevam vWe!a caumViceae x �c�N sty eMze s'"efisV s, rye otJpp°vel and n"veropnent ststleras zwea xereren nne�o p mqy a V�iklr� nerrwepemg�°SznaaN�arrl an° en ImutM Ivux q"neslrwm nertos°w povemea LV Inr pa�necro+vampnmsmrrw�reekerve.b°xmm�ama'�nvaa requw arelapp�mwl"aanrmm Ins gang err�saµvaopment stanwreurn Vo�ryMc°mmiazi"mamr°mrarn a+nhq Se MyuarurAmaecalwllee wne eeueN nle .m s.�m .mzm u�mew�°�°nNu� �re�` o Rwwr �I°el� mad la�.ni� m',m. a er •ee"rc"erg.. x«.r.a,,,v.„.n!y�alra<r �e"n a...ix,aw rcMv.We ter rvv gran e ��marov"cer.muei.�ru,n"reu r,me.<.rpa�aam mad oe mev xne.nr.euu,ra aarx.,wral a+y�lrr�leaee"uensu.^ W�a"oans�,ll re°i��m'��nva bmle 6 � �" �' elvabprd.eiwvA�on �I"uo�„6ryne ere Yre�m. "mla'mn armNar" ue„al;p a wbee, mea, er rve°r awamre.rsnN� v °�ewY_alealaa aemm m� rreWnH•M,, oolyaab mwmgwe i�ebmN rer er w�romw emra m s ngnus omrnmrm eom s. Nklec v oa. orrunm°xwp�zl'a"os.. rlveMaai. ,vbe ewmv cce. :iiuu SI4i' LOT C REC EXEMPT RECX13-0066 BEING PART OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO SITE ADDRESS: 33105 CR 33 GREELEY, CO 80631 CERTIFICATIONS ry coi,Waaslonens cannr!cnnori Irvsisrocoavy rna eeca ewrry comm!ssiorrers. We!a coumv, Colwom tlaes �y�n��+d�m�� s't�=redr�oev°iw,manr wa one uaewmeFWltlor , caunNwarrddNsan,,�s°> Wel N M1 `�LL„`iI Ceq+NCler4ru M1e w C ceTMmW t�Wele CauMyCi�b�nrtna ConmEeswr�mspceMAee antl etas nerebV _ N �n'ssiunarc`v/ntl County pioram,rorm cdnmm xns stwxsr one a�obaemereenl e p o1 ,i y cersgrjjieP��aymaalnncCCrpuperry yowerlsl �M1 pe¢eyb�y ou �ro uro s! �Speccmc MefIC$}TY � Za vy!° � Islanrar arurawa U VIIIt. SHEET INDEX (PLANNING SET) EPinnsrr sun e NORTH SCALE 1" 2009' BILL BARRETT FIELD OFFICE (USR94-0002) FE s,.anaa, m doe,. si.aeam m nanen.n�a. avength I, ommnity. PLEY DESIGN INC. COVER _.`1 OF 7 090515400004 + �N I�GPN51:{+ttil4HlgA'aWRNA;l�IYMr1NIWJ, VIII -�� AV' ACCESS fASYMEYT / »NECEPINk/NUN9E: 4A4� _ __ 2e I I deb /i / X T m III I' I / TRASH ENCLOSURE i _` (CHAIN LINK WITH ) — _1 L b Tn4 scREEN FENCE \j2 - TRANSFORMER/GAS 11.11 % 0005,49 oOaPE R60/ 7R5� PROPOSED ACCESS DRIVE ACCESS PERMIT %gP1d-00053 IS yf �� IWI -CR90 � ilL �li lI, NlMoacsNbooiENs I I - 20 NORTH WELD COUNTY WATER DISTRICT II j EASEMENT RECEPTION NUMBER. 1427468.112854 e1 METER LOCATION / �I p [ I CONCRI ETE PAVING r -—� l�e / I I PROPOSED �II 1/ I 1 OFFICE ANO SHOP FFE 4]88.0 I-- F'20 FM_ 213,4D0 BO. FT. N I I _jI % / ml MR/BRA \�`\` WATERQSALITY- j ��'/l ( \ 55 � _ 555 NO 82/10/STORAGE AREA SEE PAGE 3 OFT 20 I 01/21680 0506/ICE _. _ — OREELEY-ITCH HWY3922 FOR COUNTY RDgD BOORS. OCf. S. PROPERTY LINE PROPOSED SIGN AND 16' FLAG POLE WITH UPLIGHTS iEi/iUO/RDSRlEI 000A060 REOUITET NOTE. THE UPLOHTS— NOT SPLL OFF THE EOOES OR TOP OFTHE ICN OSIGN AND FLAGPOLE BILL BARRETT FIELD OFFICE (USR14-0002) $VA(C ON i0P 6EINIITBIPOSTS 1YP. OP RNL S' CALV. PIPE POST _ RNISH OUOE ea y L MRE MESH Nt1H -._ BLACK BATS TO ENAIRE 908 WAWE LINK FENCE LINK FENCE �HCHAIN CAIF 1/4' PLAT PLAN O2O000O[I55 2OF7 NORTH SCALE: I40' lli aYx2 �_ y '!-NSNtl Bhk RN w R ♦ Ya�95 - ieJ �W699RtD52Yht J e rT x�l � f�� ® f *i (AD faan // / leY /JTh esex� aoe RmA (rn) / I FUTUrtE BUILDING / f /' I swAe I I / / easel I / fe, ) /7c/// / 6�x4w R5:oe / A�CeEE I i. w ° / - —�� s e esAaa�aaaee a aa�uss s a�e� LEAGHFELp � JI BA �T 7 n°e 4 P°2' CONCRETE PAN THI K N 0 N io I0EWA K nF All fl - gg I !Pm"I d „n � N�� PLO flLSDflEUL 9 [ ffmlxa FN R YNO aR5C OW SPII I WAY TV P C TO DO r �m� Oa SC �pd ALE t = SO uo N i FaxE5I _ x, —1— .V51£ Porvo woM " —, xoA.— gicH NAM vwlfs— saes �w. oeattN im�sLmc J1 iuM'mnsus.ovE ROC C NDoT IV s°u.550000 N A A MD.�d q7JDRNRRV i 000 wM 1 R wa .ra IP er I wu /a x°esT'"I`ier Row°°nmv , 0. B FLim o :vr mr"on` v€p1i:"s'° tfF 81��°� i � Jsx�uommrl SECTION hq RSECTION B B xvw LJDLLJ1 ___ JLp u�im ;nsnx°`°A�°" ,� p secnoN o.ou GSE 00� AU R;. _ - �, "°r a"^.. f-i� RI E•.,Q a.aN 1° dD,F �• spcnoN co WATER QUALITY ORIFICEPLATE OUTLET STRUCTURE �-- d DETAILS CALL CENTER0FCC0L0RADOCILITT 0R0-0 1 � �.2a�NEsep,nlN�AN� Aalca�v _x _ ua MINoa�NTDDR PROPOSEDMIHDRCD IROPOS D C ,D ETE PROPOSED ASPHALT PROPOSED GRAVEL ABBREVIATION LIST NI LINERADEE TOP OF cEFO�NMRET BILL BARRETT FIELD OFFICE USR14-0002 VAUGNT FRYE I.APBONa�chlYuse tronylh ifdewlM� nleemsmui lnp,inenhlp. 9 e la ;P� N�q elanEawPo a,cplNolum e stwaa.tmaN �mru.¢m'Imm.mmaaM� GRADING PLAN 3of 7 sNi�u��n�rri�e�n�r�iiru�r;Ni�ia�,evAeuu I r --� -- — -- — — — dam. O44A� WBpA¢§tl4 u. W flNS6'oA5iUku%8AA6¢81¢AR°GPN5B➢&6R4'1Ad / a o,EspP / / d / / d 11 `x Ilp �1 I d / = p d / ! p d / / L FUTURE BUILDIMG I '^ 1 d //1 I reaBREEBSIMEIIIp 1 d // I Ip d � / FINISHED �FLOOR=4']66,0 �ILIs� � s ; ! N! M / /� i � . I— � A � IIIIM // // . / AA,9NYluiflA'IO�.BkAANRN'ki9a4tlP4£INF9#SBdF "'J �e� w�p(se�n�21f r I .� 'F,♦ a 4 lIll, , / M 1—. FI .+ �t{$kdGOkti§5dY4 nELD Io�Apo a �d /j^ /r CBMORRL sso M�trrrcoNrtmLLac NOTES' ' EITHERS0EN0F FLAnROEO EN HAVE8NIN. THICKNESECONCRETECUTCFFWALL.18"OEEPAND 12!' CALL UTLITY NOTFlCATON 2 THE CONRxACTCR SHALL TAIN AND TAYCONTINUOUSLY NCOMPtJANCEWRHASTATEOF REAPER OF COLORADO COLORUOOSTOoMWaTER E[SCHPJPGEPEROITASEDCIArRDWIHCONSR2UCIlONAC11V1'UES(ANDALL 811 APPLICABLE PERMCST THIS INCLUOESRUE CREATION AND MAINTENANCE OF ASFORMWATER ... ve...�.. ........ MEASURES MAYBE REOUIREDAND MU BILL BARRETT FIELD OFFICE (USR14-0002) Nwrzzzac SC.,RIfl0.5M BASRgth NI partnomE p NC.RBIN lB wmmunry XUPS U :;ff:;S::. . mn splaenlne s enasaapa ucM1Nenuro . .ewxa.r en�e n8mveua n,u.,amm+�..m EROSION CONTROL PLAN �4 of 7 I PLANT SCHEDULE W _ I a T I! i t !I t�lll'I IH _______ ,.,ii I _ � m�oE.TM�,E _ ��i; ;l' �; �� i�il�{{11i ; h LU - TI Z Idlij ( ' i"II IIII� LEACH FIELD \ \2 _ I Ih � I \-� � I is I� I I I � _— - -1 i ' I I _- — 323 00'. 56 - --1 S89`33'28' S89 55.31-"W ' I 24.94' W Jail I I H ____ I I PROPOSED SIGN I AND 15' FLAG POLE WITH UPLIGHTS 6YLANDE APE PLAN F I idl'NF��A1Pd+hiMIYNpY�dkrVll4lhV�B1�IlrLWv1 full F DER IIN9FTA y1.Eo BiBEc DEEAIL, THIB�9HEEiR� aid cHNSER ALL SIOE9 -\� MBTALL(Eo A�Nci NoU ____ TE 18 hP 4 pER � FMIBNED GPAbE � PER PLUMB i•O 0 I1Bv BY 9TRICNRAI ErYaINEERI SOD OSRJCflIRAL ORAWI1GGB FOR AND STOOL ANCHOR011001 // - CONDYITT9) 14° RDAD n LICxkT POLE SASE DETAIL ALE. NANO EOFt ABmrs,m —T SYSTEM - REE olBcccw9wEL7 iiRTN� N CGUWctoR5 I�B- ca ��o PIE ¢IALr_�_ accE%oPE1pIB coyE,R Wi B4.RE COPPER To O MEEINPMI�E gTHRBAoe NWBi A' BDVE LEVELPGNIT 2Z Er ft�L RTonM i"CNT vDEp R E�HOR BOLTS �� cagIIT9 cONpuIT �L TS NGp M T TH EN BaB�E RATE Arlo POLE BABE. FRovIOE Il4 DIAMETER PLASTIC DRAIN PIPE. 6Ecnd LICskT POLE WIRING DETAIL ALE, NONE GENERAL NOTES (THIS SHEET ONLY) U)ORI( NOTES (TP15 SHEET ONLY) WoECF ODOR LIGHTING TO BE 100000000.010 Q A TdJ RAN o o BBL�LlrlE oIPGwV� W�BNEEEBNFOR ADOI1igJaL IKOR'IATION. Q I �TE Lo ATI- CF TELEgH4t+*E�,o CP.BLE n E OcdTWD IN THE L=ILa dtiE Em pEnAPG ELECTRICAL H,e- an. PRaNOE I�ioa LGHTING rA�TACTOR LGHTP—L LI i1YdTK aPERATCN cc E—NIOR NB. ® 0ENCLCAI,ff DD METER BABE F£R IINLITY uci To Malty vav P IEL NN1AI Nc2 REON�100MENTS� PER ONE LINE DIAGRM AND LrtILIIY PROVIDE P0OTO SHOP AREA FOR REMOTE CONt¢J1. OF CD WBHeumnON MIProR cAPD RE4OEeuR�LgTI1Je QjP0001000.00(1000.000000 LOS FOR 1110100110000 PROVIDE C>2 JND MWNIT BWN hIPE9 LED3 010 0004. CD cCNDW EeTUB,P �NiRERED11N BtsE�Nio EPPORi FWMu- ® 1 1 LMOG411CN AND 00L1400 WITH 0100 PRIOR TO HWY 33 ELECTRICAL SITE PLAN i1 500110 S5 BILL BARRETT FIELD OFFICE USR14-0002 154001. c 00 0000In 001100.000000 In pennOTSMp. &051,0510 0nmm55ItO. AE Associates, Inc. SCHEMATIC DESIGN ELECTRICAL SITE PLAN 01,6 of 7 YIII6P��I149H 1611"..I1,4VA NIfl15ttlOhi,4WuA!III LIGHT FIXTURE CUT SHEETS .4..vsuvvx.r.crxeie6. ax,,n uT .a .s. ✓�'. S1 t^ G LED I GENERAL NOTES 1. ALL SITE LIGHTING SHALL EE ROUTED TO LIGHTING CONTACTOR (LOP) IN MAIN ELECTRICAL ROOM. THIS HOA LIGHTING CONTACTOR WITH PHOTOCELL SHALL PROVIDE AUTOMATIC OPERATION OF EXTERIOR LIGHTING CIRCUIT LI-IVIE. 2. FIXTURE TYPE LED4 SHALL SE AIMED DIRECTLY AT THE FLAG TO ENSURE NO LIGHT TRESPASS OVER PROPERTY LINE. rwL/1•f/ON/.p L/OHl/NO 0 ;y �JI a a e Y y $ a a e a s a a a a a s s RaNPF54NHIfIGPOI¢ ILL--I.O�U.i-�N+ e�m f e e 9 a a Y a. 9 x 018 y_eaY :aYxaa •.. ...,,.w., DEEP oLas ,.Mw„ a v e a a a x a. a x a x a a s EG4 (IYPi TFLAGPOLE} •. muun..�• a.. 2 .. . Y a. a a a e. a.. �� a a U I I.n .. . .. . .. e ..... "O ,...a...„......_, LX vHWY gaa^�nLeaRED S mU lb _ LEON LEEDS LEDs 0 I LEON LEEDS PROVIDE C' DIAMETER G" THICK CONCRETE EASE, WITH i" CONDUIT ETUEUP CENTERED IN EASE TO SUPPORT FIXTURE. (TYPICAL ONE) LED3&4 & 4 UPLIGHT DETAIL 8CA!E, NONE IID �m S 21 ID y m.l P+ LEDS (TYP 4, AT SIGN) SIGN LIGHTING SCALE, NONE F LL BARRETTELD OFFICE SR14-0002) StrenylM1 M JaeIBn.5lrergtk in pprtner.M1lP Slrengm In cpmmunky. andpia I2O.I2Mwep2UM,Ib.Wre. oraaa,wzenw.carBm 2% rvnmaxn4M+cmn 6R SPm,.ttel - I 14 PHOTOMETRIC PLAN Li7 OF 7 4778512 11/22/2021 11:46 AM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $275.00 Carly Koppes - Clerk and Recorder, Weld County, CO After Recording Return to JSB Rentals #1, LLC a Colorado limited liability limited parntership Jamie Baessler SPECIAL WARRANTY DEED This Deed, made November 19, 2021 Between HighPoint Operating Corporation, a Delaware corporation by Merger to Circle B Land Company LLC, a Colorado limited liability company, of the County Weld, State of Colorado, grantor(s) and JSB Rentals #1, LLC a Colorado limited liability limited parntership, whose legal address is , County of Weld, and State of Colorado, grantee(s) WITNESSETH, That the grantor(s), for and in the consideration of the sum of TWO MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS AND NO/100'S ($2,750,000.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: Lot C of Recorded Exemption No. 0805-15-04 RECX13-066, according to the map thereof recorded August 27, 2013 at Reception No. 3959348, being a portion of the South Half of Section 15, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. FOR INFORMATIONAL PURPOSES - APN: 080515400003 Doc Fee: $275.00 also known by street and number as 33105 County Road 33, Greeley, CO 80631-8945 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances and except taxes and assessments for the year 2021 and subsequent years, and subject to those items shown on Exhibit "A" attached hereto and by this reference incorporated herein. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. The grantor(s), for themselves, their heirs and personal representatives or successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. Commercial Special Warranty Deed Last Saved: 11/15/2021 7:04 PM by CN1 WDSPCOMM (DSI Rev. 04/03119) Page 1 Escrow No.: N0033053-020-CNI Recording Requested by: FNTG-NCS Colorado 4778512 11/22/2021 11:46 AM Page 2 of 2 SELLER: High Point Operating Corporation, a Delaware corporation By: - Name. I�G-�.. rN�? Title: V <ci. STATE OF COLORADO COUNTY OF WELD }ss: Th foregoing instrument was ackggowled ed efor me November 19, 2021 by �ren 1/nil,V as VI f re %dG/ of HighPoint Operating Corporation, a belaware corporation. Witness my hand and official seal. II- P&ary Public My Commission expires: PAULA L GREER NOTARY PUBLIC STATE OP COLORADO NOTARY ID 1003401180 oowaienor4 oln. SWITUM 21. t• Commercial Special Warranty Deed Last Saved: 11/15/2021 7:04 PM by CN1 WDSPCOMM (DSI Rev. 04/03119) Page 2 Escrow No.: N0033053-020-CN1 CQ P RESOLUTION RE: GRANT CHANGE OF ZONE, COZ21-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT - HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP 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, a public hearing was held on the 27th day of October, 2021, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Highpoint Operating Corporation, 14418 County Road 72, Greeley, Colorado 80634, c/o JSB Interests, LLLP, 3780 West 10th Street, Unit 200, Greeley, Colorado 80634, requesting a Change of Zone, COZ21-0003, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District for a parcel of land located on the following described real estate, to -wit: Lot C of Recorded Exemption, RECX13-0066; being part of the SE1/4 of Section 15, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to November 10, 2021, to allow the applicant additional time to finalize improvements and the Road Maintenance Agreement with county staff, and WHEREAS, on November 10, 2021, the applicant was represented by Andy Gerk, Baessler Homes, 3780 West 10th Street, Unit #200, Greeley, Colorado 80634, and WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of such a Change of Zone, and 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 Planning Commission and, having been fully informed, finds that this request shall be approved for the following reasons: The applicant has complied with all the application requirements listed in Section 23-2-50 of the Weld County Code. The applicant has demonstrated that the request is in conformance with Section 23-2-40.B of the Weld County Code as follows: A. Section 23-2-40.B.1 — The proposal is consistent with Chapter 22 of the Weld County Code. 1) Section 22-2-30.A states: "Commit to the economic future of agriculture." The proposed Change of Zone will not be taking any agricultural land out of use. The property was already divided from 2021-2946 PL2267 CHANGE OF ZONE (COZ21-0003) - HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP PAGE 2 the original farm through a Recorded Exemption process (RECX13-0066), recorded August 27, 2013, via reception number 3959348. Additionally, the property was already utilized for an oil and gas field office and garage through a Use by Special Review Permit (USR14-0002), recorded June 12, 2014, via reception number 4023036. This business has closed and the property is for sale. 2) Section 22-2-30.B states: "Locate urban development in urban areas." The site is located within the three (3) mile referral area of the City of Greeley and Town of Eaton. Both municipalities had no concerns with the request. The proposed Change of Zone is located just outside of Greeley's Long Range Expected Growth Area, per Imagine Greeley document prepared on May 16, 2017. Although the subject property is located outside of Greeley's Long Range Expected Growth Area, the area within the Expected Growth Area of Greeley is designated as I -L (Industrial Low Intensity) and I -M (Industrial Medium Intensity), which are both more intense designations than the proposed zoning of C-3 (Business Commercial). The Town of Eaton had no additional comments 3) Section 22-2-30.C.1 states: "Transition between land use types and intensities with buffers. Uses that are incompatible with existing Uses must be able to mitigate conflicts." The proposed Change of Zone is located on a property that was already being utilized for a commercial purpose that went through a Use by Special Review Permit in the A (Agricultural) Zone District. Through that permitting process there were many mitigation practices put into place for buffering, screening and lighting. These same practices will be in place for any use that will be permitted, via a Site Plan Review, on the newly created zoning. The USR is considered by many to be temporary, whereas the Change of Zone is more permanent and allows a greater flexibility of users and uses. 4) Section 22-4-10.B states: "Weld County Opportunity Zones." The proposal is located within a Weld County Opportunity Zone, as defined by the Comprehensive Plan Map, adopted in 2020. A Weld County Opportunity Zone is an area designated for potential commercial and industrial opportunity. These areas have the potential to be rezoned to commercial or industrial. The property is located directly adjacent to State Highway 392, which is appropriate transportation infrastructure for commercially -zoned properties. B. Section 23-2-40.B.2 — The uses which will be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land uses. The property is currently permitted via USR14-0002, for what was an Oil and Gas Support and Service site. The 2021-2946 PL2267 CHANGE OF ZONE (COZ21-0003) - HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP PAGE 3 proposed Change of Zone and Use following the Change of Zone will not expand the existing footprint of the building and property, therefore, not making it any more intense for the area. As stated previously, the lands to the south are designated as I -L (Industrial Low Intensity) and I -M (Industrial Medium Intensity) in Greeley's Long Range Expected Growth Area, therefore, the proposed Change of Zone will be similar or less intense than Uses allowed on the lands to the south. C. Section 23-2-40.B.3 — Adequate water and sewer service can be made available to the site to serve the Uses permitted within the proposed zone district. Water is currently provided by the North Weld County Water District, which did not return a referral, therefore, staff has considered this as not having any concerns with the proposal. An On -Site Wastewater Treatment System (OWTS) is permitted (SP -1400093) and is sized for 25 people. The Weld County Department of Public Health and Environment did not have any concerns in the referral dated August 5, 2021. D. Section 23-2-40.B.4 - Street or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone districts. The applicant is proposing to access off of County Road 33. The Colorado Department of Transportation (CDOT), in the referral dated August 16, 2021, stated they had no concerns due to the impact and traffic numbers being similar to the existing Use. Per the Engineering referral dated August 3, 2021, there is an existing Commercial Access Permit (AP14-00053) that will suffice for this Change of Zone request. E. Section 23-2-40.B.5 — In those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: 1) Section 23-2-40.B.5.a — The proposed Change of Zone is not located within an Overlay District, Geological Hazard Area, Municipal Separate Storm Sewer System Area (MS4) or Special Flood Hazard Area. 2) Section 23-2-40.B.5.b — The proposed Change of Zone does not interfere with the present extraction of mineral resources. The applicant included an existing subsurface use agreement. This agreement details limitations that the applicant has already agreed to. Additionally, during the Site Plan Review and previous Use by Special Review development process, the applicant has indicated all future development will not interfere with future extraction of mineral resources and the mineral estate. 3) Section 23-2-30.A.5.c. — The Soils Survey, prepared by Earth Engineering Consultants, LLC, dated November 12, 2013, indicates sandy lean clay at what was the proposed build site. There were 2021-2946 PL2267 CHANGE OF ZONE (COZ21-0003) - HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP PAGE 4 not any concerns with the development of the site at the time. The proposed Change of Zone will not require any additional development of the existing site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Highpoint Operating Corporation, c/o JSB Interests, LLLP, for a Change of Zone, COZ21-0003, from the A (Agricultural) Zone District to the C-3 (Business Commercial) Zone District on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: Prior to recording the plat: A. There is a Use by Special Review Permit, USR14-0002, Reception number 4023036, for an Oil and Gas Support and Service Facility (storage area for oil and gas production control units and other well site related equipment, parking for employee vehicles and commercial trucks, and 13,600 square -foot field operations building) in the A (Agricultural) Zone District. This USR encompasses the entire subject property. The applicant shall address the continued operation of USR14-0002 and request a full Vacation to be completed prior to recording the Change of Zone map. B. The plat shall be amended to delineate the following: 1) All pages of the plat shall be labeled COZ21-0003. 2) The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. 3) All recorded easements and rights -of -way shall be shown and dimensioned on the Change of Zone plat. 4) County Road 33 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the plat. 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 Section 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. 2021-2946 PL2267 CHANGE OF ZONE (COZ21-0003) - HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP PAGES 5) The applicant shall show the Colorado Department of Transportation (CDOT) right-of-way on the plat, along with the documents creating the right-of-way for State Highway 392. 6) The applicant shall show and label the existing permitted access point and the usage type (Commercial). C. The following notes shall be delineated on the Change of Zone plat: 1) The Change of Zone allows for C-3 (Business Commercial) uses which shall comply with the requirements set forth in Chapter 23, Article III, Division 3 of the Weld County Code. 2) Any. future structures or Uses onsite must obtain approval through a Site Plan Review or Use by Special Review. 3) Water service may be obtained from the North Weld County Water District. 4) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by an On -Site Wastewater Treatment System (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. 5) 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. 6) 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. 7) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. 9) 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. 2021-2946 PL2267 CHANGE OF ZONE (COZ21-0003) - HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP PAGE 6 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 12) 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 stated herein and all applicable Weld County regulations. 13) 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 persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, 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. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-50.C and D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. If a plat has not been recorded within 120 days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that 2021-2946 PL2267 CHANGE OF ZONE (COZ21-0003) - HIGHPOINT OPERATING CORPORATION, C/O JSB INTERESTS, LLLP PAGE 7 the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. 4. In accordance with Weld County Code Ordinance 32012-3, approved April 30, 2012, should the plat not be recorded within the required 120 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS �� ' G ��,,��,,// WELD COUNTY, COLORADO ATTEST: �%�t•d1J �• .XI�D•� EXCUSED Steve forenp, Chair Weld County Clerk to the Board /'„ • Sco hf:. mes, Pro - AA Deputy Clerk to the L. Bu ike Freeman Attorney Lori Saine Date of signature: 2 2021-2946 PL2267 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0002, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE AREA FOR OIL AND GAS PRODUCTION CONTROL UNITS AND OTHER WELL SITE RELATED EQUIPMENT, PARKING FOR EMPLOYEE VEHICLES AND COMMERCIAL TRUCKS AND A 13,600 SQUARE FOOT FIELD OPERATIONS BUILDING) IN THE A (AGRICULTURAL) ZONE DISTRICT - CIRCLE B LAND COMPANY, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of April, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Circle B Land Company, LLC, 1099 18th Street, Suite 2300, Denver, CO 80202, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0002, for a Mineral Resource Development Facility, including Oil and Gas Support and Service Facility (storage area for oil and gas production control units and other well site related equipment, parking for employee vehicles and commercial trucks, and a 13,600 -square foot field operations building) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot C of Recorded Exemption, RECX13-0066; being part of the SE1/4 of Section 15, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Stephanie Sigler, Ripley Design, 701 W. Mountain Avenue, Suite 100, Fort Collins, CO 80524, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.8 of the Weld County Code as follows: A. Section 23-2-230.8.1. -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. c,c t CAL@.O PLLbA) vtaf i )1+LLt--' 4pt- �� 2014-1214 PL2267 SPECIAL REVIEW PERMIT (USR14-0002) - CIRCLE B LAND COMPANY, LLC PAGE 2 1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change. " 2) Section 22-2-20.G.2 (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." The applicant is proposing to construct a 13,600 square -foot field operations building with an employee parking area and a storage/parking area for trucks and well -site related equipment. The hours of operation are proposed to be between 7:00 a.m. and 5:00 p.m., Monday through Friday. The application materials state that there will be about ten (10) employees. The Department of Planning Services is requesting a Lighting Plan and an updated Landscaping/Screening Plan. The Screening Plan shall screen the commercial parking and the outdoor storage. These two (2) plans, along with the Conditions of Approval and Development Standards, for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. B. Section 23-2-230.B 2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1) Section 23-3-40.A.2 allows for a Site Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities, including Oil and Gas Support and Service Facilities (storage area for oil and gas production control units and other well site related equipment, parking for employee vehicles, parking for commercial trucks and a 13,600 -square foot field operations building) in the A (Agricultural) Zone District. C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent properties are mainly utilized for pastures, crops, and rural residences. County Road (CR) 33 borders the site on the east, and the Greeley #2 Ditch borders the site on the south. The properties to the north and west are cropland. The closest residence is approximately 250 feet east of the east property line. There are six (6) USRs located within one (1) mile of this parcel. USR-292 is for a feedlot of 3,700 head of cattle and is on the property west of and adjacent to the site. USR-1540 is for a rodeo arena and a public building is approximately one (1) mile north of the site. USR-1397 is for a landscaping and tree service business, USR-62 is for a horse breeding facility and USR-1074 is for an excavating business, which are all located east of the site. USR-599 is for an oil and gas production facility and is located southeast of the site. 2014-1214 PL2267 SPECIAL REVIEW PERMIT (USR14-0002) — CIRCLE B LAND COMPANY, LLC PAGE 3 Staff has received two (2) letters from a surrounding property owner that objects to this USR. These letters outline the loss of peaceful enjoyment of country living due to 24 -hour oil and gas related traffic, the increase of traffic, increasing the safety risk for residents and travelers and the negative effect on property values. Staff has also talked to another surrounding property owner who stated similar concerns. The Department of Planning Services is requesting a Lighting Plan and an updated LandscapinglScreening Plan. The Screening Plan shall screen the commercial parking and the outdoor storage. These two (2) plans, along with the Conditions of Approval and Development Standards for this proposal, will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the City of Greeley and the Town of Eaton. The Town of Eaton's referral, dated January 31, 2014, and the City of Greeley's referral dated, February 6, 2014, indicated no concerns. E. Section 23-2-230.8.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. 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 23-2-230.8.6 -- 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 5.5 acres "Prime (irrigated)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR will take 5.5 acres of Prime (Irrigated) Farmland out of production, but the size of the parcel does not allow for farming. G. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 2014-1214 PL2267 SPECIAL REVIEW PERMIT (USR14-0002) — CIRCLE B LAND COMPANY, LLC PAGE 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Circle B Land Company, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0002, for a Mineral Resource Development Facility, including Oil and Gas Support and Service Facility (storage area for oil and gas production control units and other well site related equipment, parking for employee vehicles and commercial trucks, and a 13,600 -square foot field operations building) 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 plat: A. 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_" B. The applicant shall submit an updated Landscaping/Screening Plan to the Department of Planning Services, for review and approval. The applicant indicated that the screening of the outdoor storage area will be a chain link fence with slats. These slats shall be 90% or greater opacity. The commercial parking area and the employee parking area shall be screened from adjacent properties and public rights -of -way. C. The applicant shall attempt to address the concerns of the RE -2 School District, as stated in the referral response dated March 20, 2014. Written evidence of such shall be submitted to the Weld County Department of Planning Services. D. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR14-0002. 2) The attached Development Standards. 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent properties and public rights -of -way. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or animals. 5) The approved Parking Plan. 6) The approved Landscaping/Screening Plan. 2014-1214 PL2267 SPECIAL REVIEW PERMIT (USR14-0002) — CIRCLE B LAND COMPANY, LLC PAGE 5 7) The approved Lighting Plan. 8) The approved Signage Plan 9) CR 33 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future CR 33 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 10) The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways. The applicant shall show the approved CDOT accesses on the plat and label with access permit number, if applicable. 11) An off -site Improvements Agreement will be required for this facility. Improvements may include, but are not limited to, specified haul routes, damage repairs, intersection upgrades, and future improvement triggers for turn lanes Collateral is required to ensure the improvements are made. 12) A final drainage report, signed and stamped by a professional engineer registered in the State of Colorado is required. 13) The applicant has received an approved Access Permit, AP13-00227. 14) The main access drive and office parking will be paved with additional gravel parking in the rear, with good circulation. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County Department of Planning Services for preliminary approval. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar p at along with all other documentation required as Conditions of Approval. roval. The 4 Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. 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 plat 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. 2014-1214 PL2267 SPECIAL REVIEW PERMIT (USR14-0002) — CIRCLE B LAND COMPANY, LLC PAGE 6 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 ArcGI5 Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 5. Prior to construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required prior to the start of construction. 6. Prior to Operation: A. One (1) month prior to operation, a signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. 7. Prior to the issuance of the Certificate of Occupancy: A. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed facility and shall be installed according to the Weld County I.S.D.S. Regulations. The septic system is required to be designed by a Colorado registered professional engineer, according to the Weld County I.S.D.S. Regulations. B. 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. 2014-1214 PL2267 SPECIAL REVIEW PERMIT (USR14-0002) — CIRCLE B LAND COMPANY, LLC PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: uglj Rademacher Chair Weld County Clerk to the Bow BY: Clerk to the APED AS TO FORM:/Jt ounty Attorney Date of signature: 5l SI 1 aroara KirKmey4e. j Nro- I em / can P. Conway Mike Fr an William F. Garcia 2014-1214 PL2267 al I E SPC�.Irll. DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CIRCLE B LAND COMPANY, LLC USR14-0002 A Site Specific Development Plan and Use By Special Review Permit, USR14-0002, is for a Mineral Resource Development Facility, including Oil and Gas Support and Service Facility (storage area for oil and gas production control units and other well site related equipment, parking for employee vehicles and commercial trucks, and a 13,600 -square foot field operations building) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The number of on -site employees shall be commensurate with the number of persons which the septic system may accommodate, in accordance with the requirements of the Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S.) Regulations. 4. The hours of operation are 5:00 a.m. through 7:00 p.m., Monday through Friday and frnm time to time. thara may hP Pmnlnyapc arrecginn tha site outside of thane hoi ir to pick-up equipment or paperwork. 5. The signage on the site shall be maintained in accordance with the approved Signage Plan. 6. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. 7. The parking on the site shall be maintained in accordance with the approved Parking Plan. 8. The screening and landscaping on the site shall be maintained in accordance with the approved Screening/Landscaping Plan. 9. The historical flow patterns and runoff amounts shall be maintained on the site. 10. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180 of the Weld County Code. 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. 12. 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, Section 30-20-100.5, C.R.S. 2014-1214 PL2267 DEVELOPMENT STANDARDS (USR14-0002) — CIRCLE B LAND COMPANY, LLC PAGE 2 13. 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 the approved Waste Handling Plan, at all times. 14. 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. 15. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. 16. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 17. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 18. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 19. The Spill Prevention, Control and Countermeasure Plan shall be available on the site, at all times. 20. 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. 21. The applicant shall obtain a Colorado Discharge Permit System Permit, CDPS, from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. 22. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 23. 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. 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 2014-1214 PL2267 DEVELOPMENT STANDARDS (USR14-0002) — CIRCLE B LAND COMPANY, LLC PAGE 3 25. 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. 26. 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. 27. 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. 28. 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 plat and recognized at all times. 2014-1214 PL2267 Hello