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Home My WebLink About20211317.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1089, FOR OIL AND GAS PRODUCTION FACILITIES IN THE R-1 (LOW DENSITY RESIDENTIAL) AND 1-2 (INDUSTRIAL) ZONE DISTRICTS - BRIAN HARRELL, C/O EXTRACTION OIL AND GAS, INC. 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 August 9, 1995, the Board did approve the request of Prima Oil and Gas Company, do Bill Crews, CPL, 1223 28th Avenue, Suite 2, Greeley, Colorado 80631, for a Site Specific Development Plan and Use by Special Review Permit, USR-1089, for oil and gas production facilities in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts, on the following described real estate, to -wit: W1/2 NW1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Use by Special Review Permit, USR-1089, recorded at Reception #2530761, for an Oil and Gas Production facility in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts, encompasses the entire subject property and the applicant shall address which lot(s) are to be associated with the continued operation of USR-1089, and WHEREAS, the Board has received a request from the current property owner, Brian Harrell, do Extraction Oil and Gas, Inc., 370 17th Street, Suite 5200, Denver, Colorado 80202, to partially vacate Use by Special Review Permit, USR-1089, 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 partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-280.B of the Weld County Code, the applicant shall submit a revised USR map, titled "Partial Vacation of Use by Special Review Permit, USR-1089", conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR-1089, be, and hereby is, partially vacated, with the abovementioned condition, with said map to be titled and recorded as "Partial Vacation of Use by Special Review Permit, USR-1089". 4724934 Pages: 1 of 2 06/11/2021 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ec: PL(c'fln! TP), APPL, APPL REP tS/O1/Q1 2021-1317 PL1004 1004 PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1089 - BRIAN HARRELL, C/O EXTRACTION OIL AND GAS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dietteA) p;(, Weld County Clerk to the Board ounty orney Date of signature: osI -Sb-( 4706/211 /494 Pas: 2 of 2 2021 10:53 AM R Fee:$0.00 $0 , 00 iIII 1��1N1'�I��I�V� f�NK.�4��Ci{�� wYh iI II Stev/loreno, Chair 2021-1317 P L 1004 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Maxwell Nader, Planner Subject: Partial Vacation of USR-1089 Hearing Date: May 17, 2021 Owner: Brain K. Harrell Legal Description: Lot 1 of the SW4 NW4 and Lot 4 of the NW4 NW4 of Union Colony Lands; being a part of Section 4, T5N, R65W of the 6th P.M., Weld County, CO Location: Approximately 800 feet east of 1st Avenue; Approximately 0.36 miles north of State Highway 263 (8th Street). Parcel Numbers: 0961-042-0-00-02 Parcel Size: +1-18.67 acres Zone District: A (Agricultural) Narrative: Change of Zone, COZ20-0005 was conditionally approved by the Board of County Commissioners on September 16, 2020. COZ20-0005 changed the zoning from the C-3 (Business Commercial) and R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District. This Change of Zone corrected a split zoning designation. The USR-1089 currently encompasses all of the subject property and the many other properties. The property will now be zoned Agricultural therefore the USR permit is no longer needed on the subject property. As detailed in the COZ20-0005 resolution, the applicant shall address condition of approval #1.A which states the following: 1.A "There is a Use by Special Review Permit USR-1089, Reception # 2530761, for an Oil and Gas Production Facility in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts. This USR encompasses the entire subject property. The applicant shall address the continued operation of USR-1089 and which lot(s) it is to be associated with. The applicant shall have a partial vacation completed prior to recording the Change of Zone map." Extraction Oil and Gas Inc. submitted the Partial Vacation request letter for USR-1089 on behalf of the property owner, Brian K. Harrell. The request will remove USR-1089 on the subject property but will still encumber the rest of the properties. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. If approved, the Partial Vacation will satisfy Condition 1.A of COZ20-0005 resolution. The applicant shall submit a revised USR-1089 partial vacation map to the Department of Planning Services for review per Section 23-2-260.D and Section 23-2-280 of the Weld County Code. Upon approval, the revised USR-1089 partial vacation map shall be signed by Brian K. Harrell and Extraction Oil and Gas Inc. and recorded prior to COZ20-0005. o5/i1 Partial Vacation of USR-1089 I Brian K. Harrell Page 1 of 1 2021-1317 P►- 1OO9 WELD COUNTY USR-1089 Revised Boundary ONLINE MAPPING e WGS_1984_Web_Mercator ,A:wxiliary_ phere © Weld County Colorado This map is a user generalcc static output from an Internet mapping silo anc is for reference only. Data layers that appear on this map may or may not be accurate, current or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Maxwell Nader From: Brian Harrell <bharrell92@yahoo.com> Sent: Tuesday, May 11, 2021 11:22 AM To: Maxwell Nader; Maxwell Nader; THDLLC Subject: Re: Signoff for the Partial Vacation of USR-1089 and Rescind of USR-1656. Follow Up Flag: Follow up Flag Status: Flagged 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. I Brian Harrell give Extraction oil and gas permission to make the necessary changes to move forward and facilitate the rezoning of the property. Please let me know if this is all that's needed or if you need any additional information, thank you Sent from Yahoo Mail on Android On Tue, May 11, 2021 at 8:47 AM, Maxwell Nader <mnader@weldgov.com> wrote: Todd and Brian, I am aware this is last minute with both of these quick hearings happening in a week but I technically need Brian to allow Extraction to request these items and to even allow it to happen. Please get me some letter form that has Brian signing off on these items ASAP. Thank you. Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnader@weldgov.com Phone: (970)-400-3527 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 EXTRACTION OIL & GAS May 12, 2021 Weld County Board of Commissioners 1150 O Street Greeley, CO 80631 RE: Request to Partially Vacate Weld County USR-1089 NW4 Section 4, Township 5 North Range 65 West Weld County, Colorado Dear Commissioners, Extraction Oil & Gas, Inc. (Extraction) respectfully requests to partially vacate USR-1089 from Parcel # 096104200002. This parcel will be zoned Agricultural (Zone District "A"), and Oil and Gas Facilities were a Use by Right when this facility was built and, therefore, did not require express approval by the County. Sincerely, 7 Jeff Anna ble EHSR Asset Coordinator Extraction Oil & Gas, Inc. Attachments: Revised USR-1089 Map Extraction Oil & Gas Inc. • 370 17th Street, Suite 5200 • Denver, CO 80202 • exlractionog.com Cyri RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1089 FOR OIL AND GAS PRODUCTION FACILITIES IN THE R-1 FLOW DENSITY RESIDENTIAL) AND 1-2 (INDUSTRIAL) ZONE DISTRICTS - PRIMA OIL AND GAS COMPANY, O/O BILL CREWS, CPL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld Ccunty 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 9th day of August. 1995, at the hour of 10 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Prima Oil and Gas Company. c/o Bill Crews. CPL, 1223 28th Avenue, Suite 2, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit #1089 for oil and gas production facilities it the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts on the following described real estate. to -wit: W1/2, NW% of Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County. Colorado WHEREAS, said applicant was represented by Bill Crews, CPL, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Perm t, and WHEREAS, the Board of CoLnty Commissioners heard a I of the testimony and statements of those present, studied the request of the applicant and the recommendations 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 24.7 of the Weld County Zoning Ordinance. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Urban Growth Boundary Area Goals and Policies. The City of Greeley has reviewed this proposal and has recommended conditional approval of this request 951649 P L 1004 (?e ; /'L) /1L, ///2h (lie,‘ 4)5 SPECIAL REVIEW PERMIT #1089 - PRIMA OIL AND GAS COMPANY PAGE 2 d. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County to the greatest extent possible. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Prima Oil and Gas Company, c/o Bill Crews, CPL, for a Site Specific Development Plan and Special Review Permit #1089 for oil and gas production facilities in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. a. Well sites and tank batteries shall be located in a legal location as far as practical from occupiable structures. b. Access shall be controlled by gates on the access roads unless and until a subdivision is platted around the production site, at which time the well sites and tank batteries shall be fenced to prevent access. The Special Review plat shall be amended to show the location of the gates and the future fencing. c. Any valves that control piping that vent to the atmosphere shall be protected by removing handles from valves, and the load line shall be designed so that it terminates inside the berm. 4. Prior to recording the plat the applicant shall submit to the Department of Planning Services a Hazard Determination from the Federal Aviation Administration. 5. Any topsoil disturbed during drilling operations shall be restored according to the recommendation from the Soil Conservation District. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 1995. 951649 PL1004 SPECIAL REVIEW PERMIT #1089 - PRIMA OIL AND GAS COMPANY PAGE 3 4. Prior to recording the plat the applicant shall submit to the Department of Planning Services a Hazard Determination from the Federal Aviation Administration. 5. Any topsoil disturbed during drilling operations shall be restored according to the recommendation from the Soil Conservation District. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 1995. BOARD OF COUNTY COMMISSIONERS a,fir7 ty Clerk to the Board Deputy Cler o the Board APP:• ED ASTOF tto e y LD COUNTY, COLO D Dale K. Hall, Chairman 'ALL/t.4 arbarKirkmeye , ro-Ter • (2/0-'4 George -E. Baxter Constance L. Harbert W. H. Webster 951649 PL1004 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS PRIMA OIL AND GAS USR-1089 1. The Site Specific Development Plan and Special Review Permit is for oil and gas production facilities in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts as submitted in the application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The property shall be maintained in compliance with the Rules and Regulations of the Oil and Gas Conservation Commission including rules that pertain to oil and gas production in high density residential areas. 4. The property shall be maintained in compliance with the Weld County Airport Overlay District and Flood Hazard Overlay District Requirements. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. During drilling and recompletion activities, the maximum permissible noise level shall not exceed the noise level for construction pursuant to C.R.S. 25-12-103(5). At all other times it shall not exceed the residential noise standards of C.R.S. 25-12-103(1), all as measured in accordance with C.R.S. 25-12-102(2) and (3) and C.R.S. 25-12-103(8) and 9. 7. Port -a -potty facilities shall be provided during drilling and construction of the well. 8. Any constructed production pits as the result of these two (2) wells shall be considered to be in sensitive areas and constructed and maintained in compliance with the sensitive area rules (Section 904), of the Rules and Regulations of the Oil and Gas Conservation Commission. 9. A spillage retention berm shall be installed and maintained around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank located inside the berm. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 951649 PL1004 DEVELOPMENT STANDARDS - USR #1089 FOR PRIMA OIL AND GAS COMPANY PAGE 2 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department, Weld County Department of Planning Services, and Western Hills Fire Protection District 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 Development Standards stated herein and all applicable Weld County Regulations. 14. The Special Review area shall be limited to the plans shown herein and governed by the foregoing standards and all applicable Weld County regulations. Any other changes shall be filed in the office of the Department of Planning Services. 15. 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. 951649 PL1004 c-opb) RESOLUTION RE: GRANT CHANGE OF ZONE, COZ20-0005, FROM THE C-3 (BUSINESS COMMERCIAL) ZONE DISTRICT AND R-1 (LOW -DENSITY RESIDENTIAL) ZONE DISTRICT TO THE A (AGRICULTURAL) ZONE DISTRICT - BRIAN HARRELL 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 16th day of September, 2020, at 10:00 a.m., in the Chambers of the Board for the purpose of hearing the application of Brian Harrell, 288 1st Avenue, Greeley, Colorado 80631, requesting a Change of Zone, COZ20-0005, from the C-3 (Business Commercial) Zone District and R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District, for a parcel of land located on the following described real estate, to -wit: Lot 1 of the SW1/4 NW1/4 and Lot 4 of the NW1/4 NW1/4 all in Section 4, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado WEREAS, the applicant was present and represented by Todd Hodges of Todd Hodges Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, 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: 1. The applicant has complied with all the application requirements listed in Section 23-2-50 of the Weld County Code. 2. 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. 1) Section 22-2-20.D (A.Goal 4) states: "Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials." The current property is in a zoning violation, ZCV19-00076, due to the storage of commercial vehicles and equipment, two (2) homes and a visible non-commercial junkyard. This Change of Zone and subsequent Non -Conforming Use (NCU) or Use by Special Review (USR) will correct the outstanding violation and split zoning issue, if approved, will also clean up the Ck'.4L( MIS Ire), Pw(wA-1, (u,-) CA�Ie><.1I PrPPL., PIM RO tohlu42o 2020-2759 PL1974 CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL PAGE 2 property significantly and require the applicant to appropriately manage the commercial vehicles by having them removed from the property and by screening the non-commercial junkyard so that it is not a visual impact to the surrounding neighbors. 2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." This Change of Zone will correct a split zoning of C-3 (Business Commercial) and R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District. This zoning change will also correct current problems that are on the property. such as an existing oil and gas facility that will become a Use by Right in the A (Agricultural) Zone District. Furthermore, it will allow the applicant to apply for a NCU or USR Permit for the second home on the property, which is a permit allowed to be applied for in an Agricultural Subdivision, such as Union Colony Lands. 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 Weld County Department of Planning Services sent notice to 18 surrounding property owners within 500 feet and no responses were received. The properties to the west are zoned C-3 (Business Commercial) and R-1 (Low -Density Residential). The property to the east is zoned A (Agricultural). The property to the north is zoned R-1 (Low -Density Residential) and the property to the south is zoned 1-2 (Medium Industrial). The uses within the surrounding properties include a Gravel Mining Operation permitted through 2MUSR16-85-690, and Site Plan Reviews for storage and vehicle repair businesses. Other uses include oil and gas, residential and grazing land. The subject property will continue to be used for residential and oil and gas. At the time of initiating the violation, ZCV19-00076, the property had parking and storage of commercial vehicles. A site visit took place on August 7, 2020, and it appears there is no longer the large number of commercial vehicles onsite when the original violation was started but there are still a few commercial vehicles onsite that need to be addressed. C. Section 23-2-40.6.3 — Adequate water and sewer service can be made available to the site to serve the uses permitted within the proposed zone district. As stated previously, the property has an existing well onsite, well permit no. 226878-A, which allows for fire protection, ordinary household purposes inside two (2) single-family dwellings, the irrigation of not more than 10,000 square feet of home gardens and lawns, and the watering of domestic animals. The Colorado Division of Water Resources does not have any concerns with the proposed Change of Zone and states this Change of Zone will not affect the existing well permit, per their referral dated June 25, 2020. The two (2) homes onsite are served by unpermitted On -site Wastewater Treatment Systems (OWTS). Upon approval of the 2020-2759 PL1974 CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL PAGE 3 Use by Special Review Permit the OVVTS will be reviewed through the Statement of Existing and if the systems are found to be inadequately sized for the proposed use, the systems will be required to be brought in to compliance with current OWTS regulations, per the Weld County Department of Public Health and Environment referral dated July 20, 2020. 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 property accesses off of 1st Avenue via private easement. This easement has been the historic access used by the property and the other three (3) properties for many years. The applicant has submitted a recorded access agreement between all property owners to insure current and future owners of the subject property have sufficient access. 1st Avenue is a spur from U.S. Highway 85; therefore, the Colorado Department of Transportation (CDOT) was sent a referral. CDOT had no concerns or comments with the proposed Change of Zone, as stated in their referral response dated July 9, 2020. 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 or Geological Hazard Area. The proposed Change of Zone is located in a Special Flood Hazard Area. The Department of Planning Services, per the referral dated July 7, 2020, is requiring the applicant to show the floodplain boundaries on the map and has provided comments to be incorporated as Development Standards but does not have any further concerns with the Change of Zone proposal. 2) Section 23-2-40.B.5.b — The proposed Change of Zone does not interfere with the present or future extraction of mineral resources. No comments from the mineral owner were received. Additionally, the parcel of land is part of a platted subdivision, Union Colony Lands Subdivision approved on April 7, 1891. 3) Section 23-2-40.B.5.c — The Natural Resources Conservation Service Soil Survey dated April 10, 2020, indicated Aquolls, Aquents and Ustic Torriothents soils were encountered. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Brian Harrell for a Change of Zone, COZ20-0005, from the C-3 (Business Commercial) Zone District and R-1 (Low -Density Residential) Zone District to the A (Agricultural) Zone District on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 2020-2759 PL1974 CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL PAGE 4 1. Prior to recording the plat: A. There is a Use by Special Review Permit, USR-1089, recorded at Reception #2530761, for an Oil and Gas Production Facility in the R-1 (Low Density Residential) and 1-2 (Industrial) Zone Districts. This USR encompasses the entire subject property. The applicant shall address the continued operation of USR-1089 and which lot(s) it is to be associated with. The applicant shall have a partial vacation completed prior to recording the Change of Zone map. B. There is a Use by Special Review Permit, USR-1656, for an Oil and Gas Production Facility that was approved by the Board of County Commissioners by signed Resolution on August 20, 2008. The USR-1656 plat was never recorded, therefore, never perfecting the USR. The applicant shall request to have USR-1656 rescinded prior to recording the Change of Zone map. C. The applicant has indicated that there are two (2) dwellings on the proposed Change of Zone lot. The applicant shall submit a NCU or USR application and pay the associated fees to the Weld County Department of Planning Services for the secondary home located on proposed Change of Zone property or convert the second home into an accessory structure. D. All vehicles located on the property must be operational with current license plates or be screened from all adjacent properties and public rights -of -way or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. E. The plat shall be amended to delineate the following: 1) All pages of the plat shall be labeled COZ20-0005. 2) The plat shall adhere to Section 23-2-50.C and D of the Weld County Code. 3) All recorded easements shall be shown and dimensioned on the Change of Zone plat. 4) The applicant shall show the floodplain and floodway (if applicable) boundaries on the map. The applicant shall label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. 5) The applicant shall show and label a 30 -foot minimum access and utility easement to provide legal access to the parcel on the plat. 2020-2759 PL1974 CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL PAGE 5 6) 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. 7) The applicant shall show the approved Colorado Department of Transportation (CDOT) access point on the plat and label with the approved Access Permit number, if applicable. 2. The following notes shall be delineated on the Change of Zone plat: A. Change of Zone, COZ20-0005, allows for A (Agricultural) uses which shall comply with the A (Agricultural) Zone District requirements as set forth in Chapter 23, Article III, Division 1 of the Weld County Code. B. Water service may be obtained from appropriately permitted wells. C. The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by septic systems 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. D. 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. E. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. F. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1541E, dated January 20, 2016 (Cache la Poudre River Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 2020-2759 PL1974 CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL PAGE 6 G. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of and development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. H. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Building Permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2018 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. J. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Fee Impact Program, County Facility Fee, and Drainage Impact Fee Programs. K. 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. L. 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. M. 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. 2020-2759 PL1974 CHANGE OF ZONE (COZ20-0005) — BRIAN HARRELL PAGE 7 3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall submit one (1) paper copy or 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 Department of Planning Services' Staff. 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. 4. In accordance with Weld County Code Ordinance #2012-3, 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 16th day of September, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditiL &C jetto;g1 Weld County Clerk to the Board Deputy Clerk to the Board APP VED AS TO FOR County • ttorney Date of signature: 1oIo6/2O Mike Freeman, Chair 2020-2759 PL1974 Hello