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Home My WebLink About20211721.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR15-0054 - NEVIN BYLER, KAREN BYLER, JALYNN BYLER, AND CHERIE BYLER 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 January 20, 2016, the Board approved the request of Nevin Byler, Karen Byler, and Jalynn Byler, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0054, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (shop building, along with vehicle and equipment parking and maintenance associated with an excavation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, to -wit: N1/2 NW1/4 of Section 17, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owners, Nevin Byler, Karen Byler, Jalynn Byler, and Cherie Byler, 1029 Grand Avenue, Windsor, Colorado 80550-5828, to partially vacate Use by Special Review Permit, USR15-0054, 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 23-2-280.6 of the Weld County Code, the applicant shall submit a revised USR map, titled "Partial Vacation of Use by Special Review Permit, USR15-0054", 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, USR15-0054, 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, USR15-0054". 4742940 Pages: 1 of 2 08/05/2021 10:25 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I �s>rb�'it ill 'Vii' FA «!l DliliklitilHalk 1I II cc : PLCmn/ TP), A.PP L S O8/0cNi e1 2021-1721 PL2393 PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT (USR15-0054) — NEVIN BYLER, KAREN BYLER, JALYNN BYLER, AND CHERIE BYLER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddriftiv p;ok„ Weld County Clerk to the Board Steve Moreno, Chair EXCUSED ounty Attorney Date of signature: O7/11-4 /2 4742940 Pages: 2 of 2 08/05/2021 10:25 AM R Fee:$0.00 Carly Koppae, Clark and R000rdar, W.ld County , CO 11111 2021-1721 PL2393 To: From: Subject: Hearing Date: Owner: Legal Description: Location: Parcel Numbers: Zone District: Narrative: 1.6 DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Maxwell Nader, Planner Partial Vacation of USR15-0054 June 21, 2021 Nelvin A., Karen Martin, Jalyn Wade and Cheri Beth Byler Lots A and B of Recorded Exemption RECX20-0077; Being a part of the NW4 of Section 17, T8N, R67W of the 6th P.M., Weld County, CO South of and adjacent to County Road 94; east of and adjacent to County Road 15. 0555-17-2-00-012 Parcel Size: +1- 63.92 acres A (Agricultural) Family Farm Division, FFD21-0010 was conditionally approved by Planning Staff on May 21, 2021. The USR15-0054 currently encompasses all of the subject property. The business permitted through USR15-0054 will now only operate on newly created Lot A of FFD21-0010. As detailed in the FFD21-0010 staff comments, the applicant shall address condition of approval #1.B which states the following: "Use by Special Review Permit USR15-0054, reception # 4630502, for an Excavation Business in the A (Agricultural) Zone District, is located on portions of both proposed Lot A and Lot C of FFD21- 0010. The applicant shall address the continued operation of USR15-0054 and which lot(s) it is to be associated with. A partial or complete USR vacation request letter and map shall be submitted to the Department of Planning Services. A USR vacation hearing shall be held before the Board of County Commissioners prior to recording the Family Farm Division plat." The Bylers submitted the Partial Vacation request letter for USR15-0054. The request will remove USR15- 0054 on the large Lot B of FFD21-0010. 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 1.6 of FFD21-0010 staff comments. The applicant shall submit a revised USR15-0054 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 USR15-0054 partial vacation map shall be signed by Nelvin A., Karen Martin, Jalyn Wade and Cheri Beth Byler and recorded prior to FFDQ1-0010. 2021-1721 Partial Vacation of USR15-0054 I Byler Page 1 of 1 PL2393 PARTIAL VA CA 7ION-1/SEIJYSPECIAL REVIEW - IJSRJS-0054 I •- ..ea. Pea Ira .,w ,m Asa as v w 11) mGTy' a a ,'4::..1':14:... w.r•2 .. ..Mw U. or Tan , naltra4 ea0rvA0R 0 warn Tsaga 'w wN.,.. ve.n .ul=E" 17 ]0 Weld ly Osne 14 IA Bad 01 ov 2244 ft «rMnct .x0 enru an OM,. :Ana a fla alga Onar Saatan 3132.13274 gawp al. Wag St ane=w • a anaera•a4.aa" loon :. ,.3a,4.r SISILICE VICINITY MAP BEFORE VACATION SG. I IMO Lot A, FAMILY FARM DIVISION NO 0555-17-2 FFD21-0010, Situate in the North Half of the Northwest Quarter of Section 17, Township 8 North, Range 67 West of the 6th P M , County of Weld, State of Colorado iron Troy. --49980— ua15 PONT 03460 Q , M a RON 71 MIA. WELD p7UMYNPAD '""7"7...1 nm-I —18627 57 E 2642 53�_ — s ypp b ACCESSPONT 2 LT I _ LOT 7000ACRES (CROW T 62ssACRES O(NTq • LN89 57 32 E 148 87 LOTA RICX20-0077 NOTA PART [ann. oss vs Non 586 23 34 W 2643 36 SIVIIITTX CON. KC MS 227717 LOT B 619SRACRES (GROSS) 61701 ACRES (NET) SECIOIS �I�A/NT, Ts. AGIN Or ja Lag LS101 WS UNE TABLE BEARING nmOrv, 3.242T13 • LINE LEN8N 21sT 112.43 T 8N R67W 1. 7 8 17 18 1g d VICINITY MAP AFTER VACATION 200 100 0 200 204140 M- ANI 9222 8 600 SCALE IN FEET SCALE 200 322 MT Tat. SS 0.0.edul I04 so.dylamq • le 22.41 age 02 Terry Nen•y la 3 I 2 Am 00. awn LEGEND LAMENT UK SLCTION INS Oa MC oT • a2Fws" 0 0u,u¢ ACCESS PONT SITE SPECIFIC DEVELOPMENT PLAN USE BP SPECIAL RENEW PERMIT DEVELOPMENT STANDARDS BALER USR I 5-0054 is fe"N UYVMt. 'rut. au�i,a �iu.911w®ti„n .".ru rg,trza.r Asrn 4r,W'P a F ue . Syrian.) n]w 0 al. att.. Rasa"., ,wve 1 Agra, • anyone, a," a./aN, ....s r at. 3.2-,4 el r tea a ,, sea S3 ad IV Car , an NPaaae 23-S ]S-0 e,a 23 2 r( eNa.w a w r mre ., A ,r, x S0-Im a CAS Mu.. t e,r s u.. essu wa,a"r. au Rmr i rue , Ip r[w„ . d,w , Cease a alp w:a.�"iw I .a , n=.�,..,. w u �w ."w,ur�•uvw" r..�r e"ww ,111,"v=1"... tTot .w..n , .e c,: t~w NO.A " a. Y ,_ 1 Sa COAL •a w"1eu�in'A u ae. fa. w� w w• a u r .N. w,r.nl IS NInaysn Ali ww gal .4 .4• a wPw.wN Su , nta31 Onar.n. pats ay • ga. Seta NI -3-10 I N Cal, CanN Gay,. Ne ea.n"tmni mix X30 eu .m.r NYdrrr rr r e �rw w rd (..� r,.Yr G n .Mar alaa•N ea w i pgrp r u aa. 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OF 1 4630502 Pages: 1 of 1 lomoomoomot 09/16/2020 04:43 PM R Fee:$13.00 Carly Koppes, Clerk and Recorder, Weld County, CO �lll I �■a`l�Y4b' �I r'h l�'LI �W tti:14�irod rm. Mw,i i4 11111 PARTIAL VACATION - USE IJYSPECIAL REVIEW- USRJ5-0054 DATE: 5/19/2020 FILE NAME: 20200121 USR PROPERTY DESCRIPTION STATE OF CQLORADO., County of The foregoing instrument was acknawkkdged before me on this (71-141-' day of om skm Expires n a JORDAN MARIE FFMMWR10E NOTARY PDBM STATE!F NOTARY ID 20294621501 MY COMMISSION EXPI F 024 Lot B, Recorded Exemption NO. 0555-17-2 RECX20-0077, located in the North Half of the Northwest Quarter (N1/2 NW1/4) of Section Seventeen (17), Township Eight North (T.8N.), Range Sixty—seven West (R.67W.) of the the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Said described parcel of land contains 63.922 Acres, more or less (d:). PROPERTY OWNER'S CERTIFICATE The undersigned, being the sole owner(s) do(es) hereby agree to the Site Development Plan and Use by Special Review Development Standards as described hereon this day of�, 20c �i Nevin:Byer Jalynn'Bylr Kren er` F, DOARD OF COUNTY COMMISSIONERS CERTIFICATION This is to certify that the Board of County Commissioners, Weld County, Colorado, does hereby confirm and adopt this Site Specific Development Plan and Use Ay Special Review and the Developmer�t Standards as shown and described hereon this 3' day of 5e Chair, Board of County Commissioners Attest: dattov Weld County Clerk to the Board �C By ! V Dated: 041103 03 /2O2 -c' eputy Clerk to the Board BASIS OF BEARINGS AND LINEAL UNIT DEFINITION Assuming the North line of the Northwest Quarter of Section 17, T.8N., R.67W., as bearing North 8627'57" East, as monumented as shown on the plat, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2642.53 feet with all other bearings contained herein relative thereto. The lineal dimensions as contained herein ore based upon the "U.S. Survey Foot." NO., TICS According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) T.8N. 7 R.67W. 8 Comm, Road 91 SITE 7 17 18 VICINITY MAP BEFORE VACATION Lot B, Recorded Exemption NO. 0555-17-2 RECX20-0077, Situate in the North Half of the Northwest Quarter of Section 17, Township 8 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado ACCESS POINT (COM/IND) 30' RIGHT OF WAY BOOK 86, PAGE 273 NORTHWEST CORNER SECTION 17, T.8N., R.67W. FOUND 3 1/4" ALUMINUM CAP ON #6 REBAR, LS 7242, 1995 SHOP L4 L3 CR 94 SECTION LINE RIGHT OF WAY, NOT COUNTY MAINTAINED 30' RIGHT OF WAY BOOK 86, PAGE 273 12' U77L/Tr E.4SEU£NT 1'EC. Na 374J.J57 589'57'32'W 500.03' 30' RIGHT OF WAY ` HOUSE BOOK 86, PAGE 273 3 a): 02 CO . N P. a- o. I� EXISTING GRAVEL ROAD I:1 • _ LOTA RECX20-0077 NOT A PART LEACH FIELD S86'23'34"W 51.10 NORTH SIXTEENTH CORNER SECTIONS 18/17, T.8N., R.67W. FOUND 2 1/2" ALUMINUM CAP ON #6 REBAR, LS 14823, 2013 LINE TABLE LINE BEARING LENGTH L1 S89'57'32"W 199.04' L2 N00'02'28"W 255.27' L3 NOO'02`28'W 52.43' L4 S89'57'32"W 350.00' 7 T.8N. R.67W, 8 CountyRoad .CV SITE 17 N 00 /1 VICINITY MAP AFTER VACATION J 30' NON-EXCLUSIVE ACCESS EASEMENT — FOR THE BENEFIT OF LOT B, RECX20-0004 REC. NO. 4597797 1 • N r N 00'02'28" W 200 100 0 ACCESS POINT (RES) WELD CO^UIVTYROAD 94 OF BEARINGS) _ ` - r� (BASIS642.53_ ---. -_ ��< GRAVEL ROAD NORTH QUARTER CORNER SECTION 17, T.8N., R.67W. FOUND 2 1/2" ALUMINUM CAP ON #6 REBAR, LS 5028, 1999 HOUSE 200 LOT B 63.922 ACRES (GROSS) 61.701 ACRES (NET) 400 586'23'34"W 1592.24' 600 SCALE IN FEET SCALE: 1"=200' SOIL MAP UNIT LEGEND 4 Ascalon fine sandy loam, 0 to 6 percent slopes 5 Ascalon sandy loam, 5 to 9 percent slopes 56 Renohill fine sandy loam, 6 to 9 percent slopes 57 Renohill—Shingle complex, 3 to 9 percent slopes 65 Terry sandy loam, 3 to 9 percent slopes CENTER —NORTH SIXTEENTH CORNER SECTION 17, T.BN., R.67W. FOUND 2 1/2" ALUMINUM CAP ON #6 REBAR, LS 14823, 2013 LEGEND • • O EASEMENT LINE SECTION LINE RIGHT OF WAY LINE BOUNDARY LINE FOUND ALIQUOT CORNER AS DESCRIBED FOUND MONUMENT AS DESCRIBED SET 24" OF #4 REBAR WITH A RED PLASTIC CAP STAMPED KS, LS 38105 CALCULATED POSITION EXISTING ACCESS POINT SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BYLER USR15-0054 1f) to N) S00'04'02"E 1. A Site Specific Development Plan and Use by Special Review Permit, USR15-0054, for any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (shop building along with vehicle and equipment parking & maintenance associated with an excavation business) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. na y 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23—C, 23--D and 23—E of the Weld County Code. 4. 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. 5. 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.RS. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 7. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 8. 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. 9. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 10. 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. 11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 12. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 13. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 14. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 15. 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. 16. 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 Chapter 15, Articles I and II, of the Weld County Code. 17. The access shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 18. The historical flow patterns and runoff amounts will be maintained on the site. 19. Weld County is not responsible for the maintenance of onsite drainage related features. 20. There shall be no parking or staging of vehicles on County roads. On —site parking shall be utilized. 21. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 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. 22. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 23. 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 earned out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 24. 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. 25. 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. 26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 27. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long—standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long—established agricultural practices to accommodate the intrusions of urban users into a rural area. Well —run agricultural activities will generate off —site impacts, including noise from tractors and equipment; slow —moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self—sufficient than urban dwellers. People are exposed to different hazards in the County than in on urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. SCALE: 1".200' DRAWN BY: CSK/SMF CHECKED BY: CAD O ci) c7 z 0 REVISIONS: z 0 U J Q F-- OC CL U) 0 000 Z O _J U < (1) = Z 0 J Z J Q 0 Z � cO Li_ Q ir) 0 - W 0 �O Le Z W Z 0 = <0 U I--- co CO to PROJECT #: 20200121 1 SCALE: 1"=1000' SCALE: 1"=1000' SHEET 1 OF 1 e vM�GPIM1i'. i��ti''sw�vi`tiw+•.yiI..vliiunalt .Dirt Vicinity Map 1 inch = 2,000 feet When printed on Setae" BOARD OF COUNTY COMMISSIONERS CERTIFICATION This is to nertity that the Board of County Commissioners, Weld Couldy, Colorado, does hereby confirm and adopt the Site Specific Development Plan and Use by Sped Revise and DavelopmeM Standards as shown and described hereon this j:_jday of Chair, Board of County Conwninioners ATTEST Weld County Clerk to the Bo rd BY: Deputy C " to the B PLANNING COMMISSION CERTIFICATION This Is the oerOty that the Wald County Planning Cl oneslaslon has centered and does hereby reaarnmend to the Board of County Commissioners Weld County Colorado, for as conhnnadon, approval and adoption this Site Specific Development Plan and Use by Special Review as shown and described thereon this /Tor day of Allow:It 2O%f/ PROPERTY OWNER'S CERTIFICATION The undersigned major property ownerta) do hereby agree to the Ode Specific Development Pan and Use by Special Review Develadrroet Standards as described hereon the - I day of slgrJatole: Ifl.}irr. >r 0.1 SigOatuie: at'r»ir't. nli;'; Scale:1 inch = Pc feet w1Mn primed oe 2"036" USR15-oosy Legal Description: IliAwW YN c SedroT, vnshrp $ Varih Kona, 67 Wes+afkho G+h Pry Weld LpantY Col©redo Wafer FeAliA 7nfi b,iiyNa S0-nyaje 144, cn iR- .41,6-rt r]6)Qty O 1pi;/pi:"t)N U a)17}cad .40fan J2�u I� Q SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARos LsAyler 1 A S I, Specific Development Plan and Else by Sc.al Review Penn,, bSR15Le54 ',,any use perm., as a Liss by Right an Accessory Use. cod USX ty pedal Renew in the Commercial or Industrial Zone Districts, (Mop boding along umn senate and equipment pawing S menteruroe associaled wan an n0005lion business) prouimed Char the property is net a Mt in an approved, &coxed so minamn plat or megarts ur map or gar Ilad prior to adophpn of wy regald,ors conhdla0 subdrnsima in Ia A lAgrbulnrnl) Zane n otrlcl. sp5.11 to the Development standards ...aeon eon 2. Adomvat of ere plan may create a vested property right pursuant to Section 233-10 0l 150 Wall Gadfly Code 3 A)I signr aide adhere b Chapter 21. Article IV. Division 2 end Appendacas 23.0, 23.0 and 21Oor we Weld Cdunly Core a. RII laud ana sold wastes las defined in the Solid Wastes C'isnosel Sites ana F.,.a AcL Sedan 5 , 2120-150 cR.S.)anahestored ono removed nor era diaper, in manner Ihat pePeasagain st surface and grounmmler canlamanalron. 5. No oermererrt aispcsal d wastes rill be perinided at inn site Tee a trot meant to salads those wastes speciao'ly extruded from the eefinscn of a sold wash an the Solid WsaksEnpoeal sow and FactdienAn• Section 30-2P'W.5. 0.0 6. 5 handed. stared. and disposed in manner tat control§ rageiaa dant lugrlive parscula0 emissions• blowing oato s and other palmist Poser 0 ondtlday. The appleant Mall operate in accordance wim Chapter la. ANc@ I of the Weld County ,Od4. amp lobe confined on Ms property Uses en are property radio name, won'd,e raga. oredd b1 Cuaitly Commasaon4ar quariryregularinns. 8 11. laeilily anal aanora to Me maximum penniesib'e noise levels avowed in Its eongpecined Zoos Dietrich an delineated in Section 14-g3B M Me Wed County Cade 9. Any ranee or equipment wasdang areas srad capture au efaaem and prevent 2t aahargea in accpolance4001 and Regulations of the Water Duality Conlml Crmmnsmn, and the Enarromental prdlcd, Agency 10, Ali potenlial'y heas,tlo00 chemicals ,eel as handled in . safe mariner accordance, with pm -plod lahelirg. All ,tore secureon enany d with mannmraurers recommends... tl Aryeale en.ng, a stung and raaldies shall oe provided for emp&yeas and patrons or me teary. at all limes As or eanha010rs are, acre for.0 than 2 m nsecuhve flours slay partaole &Pals and bottled water are acceptable Records I, watMendrce and proper sispasal for portable Weals shall pa retained one piarerly basis and evadadefwrenewby the Weld Ccumy Depart men, or Pobinoart and Environment Pertaue tolled snail to serv0ed ey a deans' lamed an Way County and Mall &Pram nand sarathers 12. Process wnn;water Isrcn as floor [rarr *Wes) shall be captured an a aaledlght vaull and hatted on car proper disposal. Records of In.awllelion, maintenance. and groper dspeaal an, be retained. 13. The reality she, canply will all paw0Mns or the slate bnaerg'mdnd and above Gmard Slomge Tank ▪ orlanons. 14 The operation shall comply win all apnlilahk_ rules and regulations of State and Federal agencres and the weld county code • .mores Ise shales) oh laded sn'001 Pelt rays an not shine oirecny onto adjacent properties wheresur3, would cause a ce or interfere wen Ine use on pre otloacenl properties it acwrdancn rah Ina Men Nether d Pe direct nor ` reflected, light from any lg. nom& may cream a naffe'tazaed 10 operators of moor vahades on putwc or pnvale streets No colored ligms may ne. used each may be confused witn. or paranserl de, eglifinconinal ecru,* In Should noeious weeds exist on Ow property. a become rnteal sued es a result of the proposed aeveltwment the appi.nlaannowner shall be respor.Ne for commling tat noxious weeds, pursuer,' la Chapter 15, Ainoldn I en0 not. Weld County Cade 17 Theamaas an. he marten. to rwagate any Impacts I the pup. raao rnuading damages ardrn1 s0sita tracking le The baronial now panems andrmo," amounts wilt Da mamtarn.d on the sr,¢ Ii Weld Cmunty is not responsibemr meenmleoanno plansde drainagereiakd features 20. There shall be rd pa Bing err staging of veMdn on county roads on aite parting shall be al seed 2 prtyc ntly. to wing,a been adopted by Weld Ge rmo SOIL 1ntemanonal Col.. 4, II rtamanorta'Energy Coda, and 14 National Electreal Cade A Building Pencil Application must ae compared and too 121 complete sets of engineered plans ring ma arm pampnagrzba lagistced nrcltecl a a.r10000 musk he stibmatted fa CamEno ne coved Eno Report paby a Cdorado rageaered angarsa. snag [ze rearmed w an Open Hole Inspect.. 22. The properly ovner or noeramr shall he respnns 000 t,r nompyarg with the Design and Operation standards of chapter 22 nf me W 5r Carroty Code 2d Necessary eh 00 00c err from om the be granteounty Capon-ne , of Planning Serapes P d access onto Inn property mn y at any reasonable s 0 , Works and Pub& Health any,der to emu& sire sceptrecarried oN on Ott property comply w' 0� Conditions of Approval and Development Standards tams famine. ol ppfranl county regola 29 The Use by Special Review area snail Ie IinIna to me pans spoon hereon and governed ny me 'oreguang [andards and ail applicable Weld County regulahons. Substartual Meng from Pro plans or Development Slandaods, as s0oSo or stated, Mail regime ,rat or a me Perm, by the weir] county Board of County Commissioners before s angel 1cm Ire Cans or Developm Standards ere e permitted. Any 0Ner changes shall be filed in. the office of me Depanment of Planning Services 25 The dole or r snag me .0,000 be for with all of Me Yrregoing Sendaass. Nancanplianccee wen any of ere lotegnmg Deaenpmem Standards may rte reason or rime lovxaaan o f. Pe'md by die Boom of caonly Carroty 5oners. 20 RIGHT TO EXTRACT a NERaL RL5oon LES STATEMENT Cal County Pas acme of [nemoat abu slant mineral resources, including. but not llmden to, sand and gravel, oil, natural gas, and coal. Under tale 34 0l viral �esoumw rscarse Ian the Sine's [repos. are esserttial ) Poo Slat., s'ate s emt'omy )h) , e on ubua munlms of a sta ce a 011000) sM1orfage of such deplie ana ;cl such depenN should tie eslmcted aeon., to a ramnal plan carol p;[ to avoid waste of suer [repos. and cause me lea. practice. disrupt!, of ere ecology and qualityofIlls of the cozens or the populous co.rman&Ine state Mineral resource location are widespread tbmughour the Countyand =arson moving imp mese areas must eragniz opus iapags 000000ted wlm mss derelopmenf Often !mem mrnemi ravevirces.s are tared 04 e1 property 0105. a.mira owners Mould be aftaoeota opportunity Paextract . mineral resource. er ClWEr 4rto ty one of the otod e mprsdiae agneulmral countre§ in the B Crates rascally ranging in IncInd lop on cdmnes In toe country in total market raw. or agriculture, products sod. The g:al areas di Wed County nay he open and specious, Owl they are. derisively 0sed fa connate wltn Persons monong into a rural area must &Tags& anota ptwherayyre rrwbacks,inducingg d raweecks come -toe log agndulrrml planless urban n IdoSHer1esreil o1.1105te to rural areas Along it h the weeps spaciousness. ware, lack ofv. rem, attract city noes and =agestbn, east Ine rural atmosphere and way of life Wlmout apghbonng farm , mote teamieewelch attract uman awellars to near Wee Comity weary quidkty Die gene AgnculMal users of Co land timid not be expected to change 'Mar ! 11500he&stkud agrqullolal preokce5 to atzommodam me intrusion of moan users into arural area Waltcun ayneultu.al 401iwtet we 550erate or - she impacls. an uairg nose from tractors and .4.ent simerranrang farm yenicles on rural roads, dust earn mil pas. field ooh, heruent and grayer mar. odor non animal confinement. silage and manure', smoke rem Mich arming: ales and mosqunces, hurting and bapprig achnlies. ahpmhng sports legal hexing or nuisance elrlire. and the use of pesticides and krolixeta,the fields. including &e use of aerial spray,. orommon practice for Mr...Wadecery ro druid an accumulation of agncusurel machinery and so:pieak desist in agnculerra'operaame A canrentration of miscellanea.. agtooIWral metenale erten 010301es a visual aopanty netween nor•S and urban areas mf the County. Section 35-3 5-10, 05 5., provide!,'hat en agcculleral ope1a.en shall not be lound o be a public 10praate nulearse f the agrtculemal o peration eaegad to be pnuisance employs me[noya or prarnaes mat are commonly or reasonably associated ant aggorlwraln1041101n. Water nee been. err continues I0 ea, [Ire a0I00 for the agricultural community It Is unreall500 to assume ra dittos and Iesarwws may s,mply be moved 'Cut of me way' 01 rests, al deve0000mr . When moving .o the Co raly. prop my loners and reside., must realee Pay cannot bake water from inigatim di0aen lase, or other simctures. unless they have an adludioama'la. to the water. /w01d Canon, coved area -of appmaimalely lour thousand {woad) sauaremAa in wee items size rs e'with mare man three troni0e,r seaen hundred la,00al males of state and county made 0,120 of much tame, tr. sheer magrufuda M tae area to ce served stretches available resources Law enMrrzntenl la b@sed an re0Rr,ses lv complaints more than on patrols or the Swirly. and the drelanete which mast be havele4 may .ley MI emergency responses. including Me enhlramenL ambulance, and fire Pre pml.tern la usually proaded Sy or] otlnmbs ono moat leave Ter ions and families to -.pond in ernewenci.. Goerrty gravel r now often they are bladed, will not provide Or same kind of surface eap0Icd boor a pavan rose Snow. removal pronties mean &al reads 1,14,114001010ierrs Ir 0.10 011 may mat be cleared Ia seaerei days atter a .1W snowstorm. Samices in Focal areas, an man cases, be equivalent to municipal seances Rural 0.1411 mu by necessity, be more self-suifclw enl &anutman dweslers. People areeop0ssd todiderent hazards in the County Man in an urban or suburban selling Farm equipment ana oil fie Id eoupmant, pmts ant irnga0on dranee eleUlnal power for pumps and center pivot ooeratims high speed memo Send., puncture Ores Iernlo10 fans daps and luasl00, and open burn, present ea! Icing rmlldrens acnaaes d important. nol only liar lean safety, Pula. Mr to /2015500 of the harmers liyelhood. PARTIAL VACATION USE PT SPECIAL REVIEW Ua15R-0054 Lot B, Recorded Exemption NO. 0555-17-2 RECX20-0077, Situate in the North Half of the Northwest Quarter of Section 17, Township 8 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado Let 5. Award C..mptbn M0. 053.5-11-i PCIa20•cQR. Meal. M the Nall, Hall 61 Ii.. Naeharal Quvlr 74f/2 Awl/4) ar Sanulan Somer..,' (Ii}. feenrhe OVhl Nam (I.BYI.} Range VAR).- men Wnt (N.6TWJ of the In. `51.11, p.sn,ym lino.. (am P.0 � Oa,5r of P4a stale al Crrada. Said dmebed woe of land contains 83.922 An,,.. mow Of lees (f). PH43'rarr R1d1EELy,L'Efa NICoJL In. aam.dPn.d, ..In U. add .}..r°80) da(e.) hoe,* sawn. to the Site Development Plan and u.. 6,4 $pall ced.. I.,wlepmmt Slnadae* o. e.eulh.a hum We day al , 20 Nevin Bylr 446- avcl ru2.cadtalMkE S_CQUIRC0.ro-t dallnn BHr EAU In la calif, that the heat al Ccanty G.wnl.1i.P4er., Ra.a Geenry, lataaln. emu }orrery o.n.o. and uddpl Ih1. Sits Sy.cr.lc 2ewlopm.tt Pion are yw ay 5Perld Nelda end Ilse 0 -113- 401 Stenla14. es 1,u.n ,..e darJbad In..,,, ode, de,! of 20_, Chat. Board of County canmlearanee ALIah' Weld Dainty 0.11 La Ile Board Br D.NIr Clam It let Bohn! Doled_ BAs . IR5Bllfcc 1Nl4LJIt2*_MrfC1., IntElgaLWI A.RmM9 the North Ina of Ih. Norlrwnt Qurts. of Sectkn 17, TAN, R.6701.. al barring North sal rar Coal, m ....wren. o..h ., on ma eat, adn9 a Orb Han -rap of Me Colorado State Plane 0oad.la.. SYMMP.. 1.0 -eh Zone, Vv. An -,!teen inelum 11113/'1011, o dal, ,. 01 264)-.11 1wr Mlh N a1h'r br.hea aotl9M.q 'Orin . Nall.. Mud. The lineal dpnen.loaa as contained her." saw baled upon the 91.5 Survey Fao4- ICE 4rcwrrm5 tq, Sn waae M:r yrw muse 1m 16.11. our !Nei null.. P... upon my qar l w !pi Mr Molt" I.a'e .1.r 4se a.oa 41041.. Nu& delert. in nu u. 1 may rnr cerir.1 W1r1 „pan or.r 0,1.., p all. 1u.,.y b. canal ,cad H.a. than Ir. !mew. from 0c. dole of .n. arud,a,tfan 411.4 Merlon, {13 -a0 -1052R.4 20171 VICINITY MAP BEFORE VACATION SCALE 1'.1001' VICINITY MAP AFTER VACATION CGESS POINT -+ :OII/010) CA 64 c pio {Ire WOK.CORNEA RICJIT Cr MAY, kur LDCQUNTYI70.4�94 }k'{rsle 1T, ..M R.BTY. COUNTY WAY. irtsr MEM 3 tie- ALUMRNUM CAP d ldlilf ID MAY eae en pa C{ has 7642.53` -. - -- �N96'27'57" r--- �' —- —� _ •-• f� •_ — µ EIOSTNC GRAVEL NGAII _- .� Ll ' llywrye.mt3r ` 3e,' aM7rr-ExQ4'J54. SOD% NEGA2P-11064 lIICC, N0. 45g115f Cr r P ▪ z I� (� VI�L{ L—. 3fr 510e1 OF WAY h._I.Trl1 HD41E eh. PACE 273 r1 Li 30 Wail or NAY• NOOK 88, PAM ▪ i ' f XI1 � 10p3 I +S'i V FQui i6 Errrine 1+� 11 11 � +f LI oral' 5$9'57 32"W L-1 ElISRDlh GRAVEL R040 I„ I ACCESS POINT u1ONPl QUARTER CORNER (RES) SLCS1Cer In. 1.191., R,61w FOI1N0 2 1/2- µlrawUM CAP- ON d6 R1HAT, LS 502n. 1552 4 LOTA RECX20.0077 NOT PART 501673.54"W 1001,10' _ NCRpr 4317)9111 CORNEA mono -41 0/.7, 116x.. RAM 1041114 2 1/a` 5YLmT CAP ON w 1NESTS, NEnAa. iNESTS,, 2013 LINE TABLE LINE BEARING LENGTH LT SB9'5730W 199.04' L2 11501102Sw 25527' L3 NO102'26'N 6243' L4 06657'32N 350.00' SC LL 1'.1100' at O a LOTS 2,784,463 SQ.}T, (GROSS) 2,687,711 SQ,ET. (NET) 63 922 ACRES (GROSS) 61.70I ACRES (NET) Ji HOUSE / 586'23'34+W 1592-74' 200 100 0 230 400 600 SCALE IN 0111 SCALE: t'. d-0o- XLL.NM`1191.L£6CN0 4 Ascalon M. sandy loam, 0 l0 6 percent lap.. 5 Aaaalun wady loam, 5 to 9 pram does p 59 Renahill l's andy dy loom, 0 l0 9 p.m. Mop. 57 Renahi-3hingte complex, 3 la 9 pigment dopes 65 Terry *cod, loom, 3 to 9 penes! dopes OWEN-r.oelnh SliEYnnl COR1114 SEC lllMi 1?, I dl.. 0,51*, rq.teo a Ill` Alwlrrlw OW Chi 54 0041 IS 1457.3, 2013 LEGEND A • EASEMENT ONE SECTION ONE RICIIT OF WAY UNE BOUNDARY UNE FOUND ALIQUOT CORNER AS DESCRIBED FOUND MONUMENT AS DESCRIBED SET 24' 00 /4 REBAR a1TN A RED PLASTIC CAP STAMPED kS, LS 34105 CALCULATED P00110N VIII . EXISTING AP,e, POINT STE SPECIFIC DEVELOPMENT PLAN USE BY SPE0AL RENEW PERMIT DEVELOPMENT STANDARDS 0101 (451115-01154 I A 111. tr,a•lnc D.r l3 ..,I Poe „d Nee 6y Sw.d4 Rode. Pwmll, 50,11-99'41. 1r ant tt. pdnnlled e, a er !W RApn1, 01s A;as.. ri Mu, d a If. by larch. Rerw M Ihi Cananrc:N & 4.�nl,-d La'-. S1eliLol., Item 041461 de.,' .111 .eltla and eeylpagN cadllna k m4L,lmmre p...Pelle 'ills at ..ttanllm prvr..a} proddol 11191 M. Pla}r1y II Ill a MI in 1, app.,..! r ,OPee 4 .4541Nan plot a term pal, at a mop p pen ,Red prra, [n 46,pILo vl air .egneumen. ✓ anitdhin0 ..rd.1.e. :. leo A t*R[Wl,.e} Zdd 11'c411141, .J5(.1 lv 0,c. S.M.oym lrll imanera. - rated nerNA 2. 41 -,a l Al ehlr plan may create a waled properly right Raman! to Sestrm XS -10 of the Ada caniv, Cede. 3. M dr. 11.11 embed to Maple. 23, Add. IV, 014.011 2 and Appendices, 23—C. 23-0 and 23—E of the weld Cwn l4 1.114. 4, AA Ilmill and du ...t.. (ac daIMea L, 1'. S,dd .11110.-. ll:aao.d Style. pa Fodlll,... M1, Section 3c.-70-1na,1. 0,11.0..) 5,4, got e14W end tem..., b. 3-S d0yrr.tl h a mama. [hot waled" ...fora oast manaeam, xtnla0.lnallan, s. N0 firmre.dr .-acact d mourn wan ha pmnllled of la's .Ira ThIe 6 not meant le include Ina" ...tot .vrlrrdly .,Auden P4en .Ire d,Mllln of a 1,114 ...le In Um SON ',Mate. Dlnpwd 1}e.e red fa.12r. Ace- Y,a[ka, 30.2301 A5, Gks 'r4 Mills materials .A.., be Kendal, .Ia., and debn.d D s anal.. lint 11,11.1,. aegltta taut, 1pg511e. bNlti4a14 ew o.h4., flIn.b ddr:q and alt.. l.S. hlg 1-Alkale. oa,ddla,,. The applrme[ %M. 401 01. h Oa0d.,r..rlh >apl.r I4 ArtIS. 1 or Ian )red Cp.nl7 Code 7. hglfl.. duel Moore attempt to be confined on the seaport, Lame an the property dwuld e0mply wM Ih. Culmudo As quality Cemmhelon'e air quality ropal'a.a a Pl1e 11.111, Non adore 1. the MAnum Pe.nd.er..ur.. few. dIaeaq n N. Ilan—eped1ed zone Oa W.1. n dalhwl.d h Sw0., 14—IF30 PI Ir. 15.1d [m.,4r Coda th9.mdm,.. u,Ll I . MA. ant* NepuleM I. d 14. *5opener; ewe ehaN luro al lr Qu1Ilyuent and Cdntrol Communion 1014 Ne .lrr.m.,ld P.at.clon Agway, I% AN palm Nally Naaardwe hernrcd. raann ha handled In a sofa manna In accordance .Ith pw3all S.A. All h.nlcale must be .10141 ware, an an ampexloN. .arlocq and In aeeerdaln .IN anpoloct.wr'. rKp1l T.na.ltant r l U .kola 1' of dl g, M'SA naltAS and 141,1 3-3114,, iron be prodded 1p emplapor A pear.. a! 10 a do r MV•a,.n .166116066 .a. w, .11. fv 1061 166 2 as,.ea,llw obra dhde..4 Ian1.111161. Ltd 1..hea 0a l.Lon. an -a w<ti�-Inttyy pa a 514 owl Sa11.rnen1pm, end foe rrN+ 21111, M4tl Ca.5r, pg ore Lmr4 al PVa.,e 1,Mlh 1r..r lrv.nlnm..1 Ped,tl, 141.1. now 04 w•rd.1 b1 0 I'm......h.., I. 11114 Caa'g e.d Md1 aoMaA Mod Mier. ,. 12. P.mcer..41ee.olrf (err, as nap drain .alts) Net be captor. In a wal.tlgnl vault and NOI..J all rn prop. 41.01.1. exard1 a1 N.l.ilnaan, molnlenonce, and proper arpaaol Nall be r.lal,an' 13 The Racal ly Call comply with all prod.fan, of Ih. Stale Under -ground and Abad Ground Storage Tank Regular:mc 114, The eprtke. or cwnp15 MN all applicable rules and regulation. of Slate and Fedrel gent. and • d Canty C d4 el. 5a. -sr va Ile., COI he N.10,I. M'set itch' raw .n adr lIln. dl.avy onLo oa*.Rtl aoprell..t.r. mtn..nAl aww a nvaaoe. tY Mart...11k Ina .,r an Na adper,l p5144011.0 h aacordaca .111. the pio. Nelth. me +Pe40 llir Ipecac.. SON bran, ,ny Ily.r ,n.fca rent' pee;. rtaIl. (0,611 to vponlar or mu.. r.bk11, a.. pdac ce 1111.11..1.,.1._ do cdnred 'My1{. 1009 ac 04.1 Mkt" ran, be re.5...d .Ilh an amaayl 1% I.0fnc 1+dIIr de.L . Id, a,4Wd n.dv,....d. ..'ar an In. properly. Cr bet brie nlabllehed as a leapt al I.h. flap ear de.dt,ta.ml, n• a pLEani,itngaanr vend be lteed1i.L1. b canVdling the nonfarm 11.w'_ 5,1..0"1 la Cae}ti. 15, Aretdn I old 11, al in. Add Canty 0566 17. The Hera,. Mal be molnlabred to .11!9.1. any Impede to Me public. rood Indrdrng damages and/ar aehrle Mocking. 16 The hhterhd loot pattern, and runaN ,moms RR be Maintained an the alto. 19 WWI County le nal nnmpa u111. for Ds mantenonce of ensile *Moog. Mated reaturu. 20. There Shall he no pa-aking c etagln9 0! Mild= an Cady road. On_elte psrhing ehal B. 011004 71, 1,1".".. a.mrl. may ba r.q s1µ 1 Slay. , 22 -s -ID 41 Pa. 0Lda Want) Code. {vr.Y..rp. Lh. Ida111'. Sea.. us, ,Irplaa op 11Md 1µ'l10 2112 N errelEr4M Codex 7400 lniter..lona poop Cesin 4111 7414 Mallow; elatOS Cale. A 1M,.dnd Erma App11ta1im muar to 1.n.rl.tw e,q o-0 (a} 4s..pbee ..1. ...NI.. 4a Nana barbq Ills eel .1any. 01 o Cotoroa. male! rat 41111.1.1 Or aki^I m,1 0. mam11 ISM 5n 11 ✓5.. A Canl1Mik,m u Vrging 4porL pelerrn.4 Ni'. Colrur1n rap'..d q am .,141 0. ITwtY4a 1 on 11401 1111. emer14,,. 22 The papa's, ne.w or operator Peen be Y..aaaehle for aaaplying with the Deakin and Opdetl¢n Standard. 1 eawt.. 23 al the wde {runty had. 73. Net...,.n p..a,4n.r lrw, Ih. Weld inrnlr Dgnalrn Le. I! Moon., 166666 Pahl. mite. 0.d Mania Nacilll ore, F,.1 rn mi 111. W 9res In ervna 1y o Vol *booty al aq 1w.moA. Imo der to .m51 1 1. hillte tamed tint a„ pia drop. W 4comaly.{In In. Cw,d14 m. of App.. and O.tilcpme,t slandrd..taN.1 twee and dl Capllr4al¢ Add Cw,l, Inc.fulfora rye. 1,0 LP. b, Sardl Peoria. row: drd W 16164 Ilk lye 6411 41c.n A.o. and gr,n.ned ha the naws�g PmtlrG1 ono al uTLILdyo )lad C,o.nt, eppralla,e $-0.104114 45.11.. rr0.n N. pion. or Wrtgma•1 S1a+C«b*a a. neo.a a 4111.1; Mal rash. 1hr apw n.al 4r d5 nn,r5auna,l of I5. P.,M. by IA. wed ❑.dry Ibvrd at Caad, Canmlo-M0aee 14la. mob 0115 et. Nd5, ahm plat. a C..S.pm}.l Slon4ra11 re p,mateed, a,, oleo 0.161,6 11161 be Chad M the 01Y Department Of Fluanhg Jr,iat. 1.1. The cap'..,. more 0 1.11,1101 Mid he rayw.ahr ra opal:'y0 p 01419 all of the faegda9 amehro nml Sleaelbds Nanoonielbec, .110 an, et the P...gdnp 69-Krym.it Standard. may b. . waa1 roe .4.aedleoe 1f Ina Pan,:' by IA. 4r ' ar tnuale Cpntmlmoners 1E Rider IS 041111151 01010A1 PENOSNIR5 5TAiTUl'11: *OA County oar. rem, of IA. 0.011 obuamu,i ..Mrd resw,e4w hneWpgeg, Slit 1,0! Monad to end oral mom, m, cetera gee, and too, IPn4. Td.. 34 al the Solana, RAO..,. 51otalrN mfnrdl 11..a1p r.walcn. lsr0u= (,( 114. ytale'e E4mra.ra:N mean depose. ala a.esnl;d la Lee 31efe'e nwanr, Ih) Not p,ylu. wu u,114. el e,. .1111e lace a Ira mowlgg. Nr ee4', dpa iL4 d era, (a1 ..101 .pa';le eladd 44 1.040101 ac0ua:lg to o rah and IMea, calodo1p {p 5.0.6 -wale el loan d.pmft. end 1w at Ire 1.411 dnlLkabt. 1.n,p11a al r'. ...oil 04 q.Nlty 4l In or tn. 1411. e,,1 ,.1 IAa pw,rlw, .wanly. c.1 re..11t.. U lnod 1.. oerrA 1plvlrm. r. rlga+pl170 Nhw.95a4t Inn COu1Iy and prawn modng 1110 cos. awO. must ...Nal. 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Ca.lraM4 pnl4M,} aaR1k, Sr snood.. nal my 14 L,ef wifely Sal M10 br the paladin, of ore lRryls'a oA4.cad DATE: 2/15/2020 1 LE NAMC 2020b0121USR SCALE: I'-200' ORRIN BYI CSK/WF %470105 BY: CAD oo /J O a0 De,t COO 650 E. Garden Drive O P. LL a 1▪ 7 oa [ry 81� I go Z 2z =2 ui O 3 F I �0 a0 < IJ.1 FO > J L1J Ll. cc Is- neE Q -I wo " Aa W ace m tl� act EL Z e 1 trt 20200121 SHEET 1 OF 1 We propose the following changes to the property situated in the North Half of the Northwest Quarter of Section 17, Township 8 North, Range 67 West of the 6th PM. County of Weld, State of Colorado. The USR which is currently on the lot with approx. 63 acres or lot II), be moved to the new small lot with approx. 7 acres (or Lot A). Nevin Byler Karen Byler _ Jalynn Byler _ Thanks in advance. The Byler Family r Cherie Byler _ VI. WARRANTY DEED THIS DEED, made this 10th day of April, 2015, between Black Hollow Ranch, LLC, a Colorado limited liability company of the County of Weld and State of Colorado, grantor(s), and Nevin Byler and Karen Byler, Jalynn Byler whose legal address is , , of the County of Weld and State of Colorado, grantees: WITNESS, that the grantor(s), for and in consideration of the sum of ONE HUNDRED TWENTY EIGHT THOUSAND AND 00/100 DOLLARS (S12S,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 grantees, their heirs and assigns forever, Joint Tenants, all the real property, together with improvements, if any, situate, lying and being in the County ofWeld and State of Colorado, described as follows; The North Half of the Northwest Quarter of Section 17, Township 8 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, as shown on Land Survey Plat recorded April 24, 2013 at Reception No. 3927112. also known by street and number as: Vacant Land, Greeley, CO TOGETHER with all and singular the 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(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for the current year and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 deed on the date set forth above. Black 1-IoIlow Ranch, LLC, a Colorado limited liability company by: Thomas C. Gibson, Manager State of Colorado ss. County Of l The foregoing instrument was acknowledged before me thisApril)10, 2015, by Black Hollow Ranch, LLC, a Colorado limited liability company by Thomas G. Gibson, Manager My Commission expires: Witness my hand and official seal. Notary Public Doc Fee: $12.$0 Buyers Forwarding Address for Recorded documents is: r..v�%PULA..11v1\ %AVI I LJiIIVI UTILI This Correction Quitclaim Deed is made to correct a typographical error on the deed recorded as Reception No. 4650973 in the W County records. THIS DEED is made this 54 day of , 2021, between Nevin Byler, Karen Byler and Jalynn Byler, Grantors, and evin A. B r and Karen Martin Byler as joint tenants, whose address is 45848 County Road 15, Fort Collins, CO 80524, Grantees. WITNES5ETH, that the Grantors, for and in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby sells and quitclaims unto the Grantees all the right, title, and interest of the Grantors in and to the following real property, together with improvements, if any, in the County of Weld and State of Colorado: Lot A, Recorded Exemption No. 0555-17-2 RECX20-0077, Section 17, Township 8 North, Range 67 West of the 6th R.M., County of Weld, State of Colorado. Also known by street and number as: 45848 County Road 15, Fort Collins, CO 80524 IN WITNESS WHEREOF the Grantors have executed this deed on the date set forth above. GRANTORS: Nevin B er STATE OF COLORADO COUNTY OF WELD ) ss. } Karen Byler The foregoing Agreement was acknowledged before me this D day of January, 2021 by Nevin Byler, Karen Byler and Jalynn Byler_ Witness my hand and official seal. My commission expires: SUSAN C MCCOLLUfM NOTARY PUSLUC STATE OF COL4 RADo NOTARY f0 MY CC IMfSSIOH EXPIRES /4-w, Notary Public This Correction Quitclaim Deed is made to correct a typographical error on the deed recorded as Reception No. 4650974 in the Weld County records. THIS DEED is made this,}- day o 2021, between Nevin Byler, Karen Byler and Jalynn Byler, Grantors, and Nevin . Byler, Ka Martin Byler, Jalynn Wade Byler and Cherie Beth Byler as tenants in common, whose address is 45848 County Road 15, Fort Collins, CO 80524, Grantees. WITNESSETH, that the Grantors, for and in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby sells and quitclaims unto the Grantees all the right, title, and interest of the Grantors in and to the following real property, together with improvements, if any, in the County of Weld and State of Colorado: Lot B, Recorded Exemption No. 0555-17-2 RECX20-0077, Section 17, Township 8 North, Range 67 West of the 6t'' P.M., County of Weld, State of Colorado. Also known by street and number as: 45850 County Road 15, Fort Collins, CO 80524 iN WITNESS WHEREOF the Grantors have executed this deed on the date set forth above, GRANTORS; 1�I Karen By er Jalynn ylr STATE OF COLORADO COUNTY OF WELD The foregoing Agreement was acknowledged before me this day of January, 2021 by Nevin Byler, Karen Byler and Jalynn Byler. Witness my hand and official seal. My commission expires: SUSAN C MCCOLLUM NOBLIC STATE O CRY OLORADO NOTAR2004404(3377 MYN YON WIRE'S 1210r2024 tiMiri 0. ale d 7'1 Notary Public boN RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0054, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SHOP BUILDING, ALONG WITH VEHICLE AND EQUIPMENT PARKING AND MAINTENANCE ASSOCIATED WITH AN EXCAVATION BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER 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 6th day of January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Nevin Byler, Karen Byler, and Jalynn Byler, 1029 Grand Avenue, Windsor, CO 80550, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0054, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (shop building, along with vehicle and equipment parking and maintenance associated with an excavation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District on the following described real estate, to -wit: N1/2 NW1/4 of Section 17, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board deemed it advisable to continue the matter to January 20, 2016, to allow for consideration by the Planning Commission at a hearing which was continued to January 12, 2016, as a result of a County closure due to inclement weather. WHEREAS, at said hearing January 20, 2016, the applicant was present, 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.B of the Weld County Code as follows: CC : U 1, .-pJ2+ .-ilk-r °21 ro_ 2016-0240 PL2393 SPECIAL REVIEW PERMIT (USR15-0054) - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER PAGE 2 A. Section 23-2-230.6.1 -- The proposed Use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 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." No more than six (6) commercial vehicles will be on the site at any one time. Section 22-2-20.1.5 (A.Policy 9.5) states: "Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies." The Conditions of Approval and Development Standards are attached limiting noise, dust, lighting and limiting the number of vehicles associated with this operation. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County Code allows any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (shop building along with vehicle and equipment parking and maintenance associated with an excavation business), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions. C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located in a rural area (rangeland). The three (3) single family residences are located approximately 1/4 to 1/2 mile to the west of the site. The site is located to the east of three (3) USRs (USR-757, USR-758 and USR-761) for single-family residences on parcels less than the minimum lot size in the A (Agricultural) Zone District. A 230 Kv power line (approved under SUP -380) is located approximately 1/2 mile to the east of the site. No phone calls or correspondence was received from surrounding property owners regarding this application. D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning and with the future development, as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E. Section 23-2-230.6.5 — 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. 2016-0240 PL2393 SPECIAL REVIEW PERMIT (USR15-0054) - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER PAGE 3 F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 81.2 acres delineated as "Other," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The shop, parking and staging area will encompass approximately one (1) acre of the property. G. Section 23-2-230.6.7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Nevin Byler, Karen Byler, and Jalynn Byler, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0054, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (shop building, along with vehicle and equipment parking and maintenance associated with an excavation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 map: A. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR15-0054. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate the trash collection areas on the map Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 5) County Road (CR) 15 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 2016-0240 PL2393 SPECIAL REVIEW PERMIT (USR15-0054) - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER PAGE 4 6) Show and label the approved access (AP#15-00145), and the appropriate turning radii on the site plan. 7) Show and label the accepted drainage features and drainage flow arrows on the site plan. Water quality features should be labeled as "Water Quality Feature, No -Build or Storage Area," and shall include the calculated volume. 8) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The approved access and tracking control shall be constructed prior to on -site construction. 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2016-0240 PL2393 SPECIAL REVIEW PERMIT (USR15-0054) - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: do itIc „tt L Weld County Clerk to the Board K BY: 411,0. De Clerk to the B APP o my Attorney Date of signature: c0/5 - Mike Freeman, Chair bara Kirkmey: r Steve Moreno 2016-0240 PL2393 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER USR15-0054 1. The Site Specific Development Plan and Use by Special Review Permit, USR15-0054, is for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (shop building, along with vehicle and equipment parking and maintenance associated with an excavation business) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 4. 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. 5. 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. 6. 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 applicant shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 7. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 8. 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. 9. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges in accordance with the rules and regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 10. 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. 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on -site for less than two (2) consecutive hours a day, portable toilets and bottled water are acceptable. 2016-0240 PL2393 DEVELOPMENT STANDARDS (USR15-0054) - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER PAGE 2 Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 12. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained. 13. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 14. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 15. 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. 16. 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 Chapter 15, Articles I and II, of the Weld County Code. 17. The access shall be maintained to mitigate any impacts to the public road, including damages and/or offsite tracking. 18. The historical flow patterns and runoff amounts will be maintained on the site. 19. Weld County is not responsible for the maintenance of on -site drainage related features. 20. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. 21. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 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. 22. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 2016-0240 PL2393 DEVELOPMENT STANDARDS (USR15-0054) - NEVIN BYLER, KAREN BYLER, AND JALYNN BYLER PAGE 3 23. 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. 24. 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. 25. 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. 26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 27. 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. 2016-0240 PL2393 617) DEPARTMENT OF PLANNING SERVICES FAMILY FARM DIVISION ADMINISTRATIVE REVIEW Case #: FFD21-0010 Planner: Maxwell Nader Submitted: 04/07/2021 Applicant: Nelvin A. and Karen Martin Byler Parcel ID #(s): 0555-17-2-00-011 & 0555-17-2-00-012 Legal Description(s): Lots A and B of Recorded Exemption RECX20-0077; Being a part of the NW4 of Section 17, T8N, R67W of the 6th P.M., Weld County, CO Family Farm Location: Proposed Lot B, 45848 CR 15 Lot A Size: ± 7 acres Lot B Size: ± 16 acres Lot C Size: ± 57 acres Water Source: Lot A: Proposed Well Lot B: Well Permit # 297592 Lot C: Well Permit # 304806 Sewer System: Lot A: Proposed Septic Lot B: Septic # SP -1700164 Lot C: Septic # SP -1800139 The Family Farm Division criteria and process are detailed in Chapter 24, Article VII of the Weld County Code. Referral Agency Review: The Department of Planning Services' staff has received referral responses with comments from the following agencies: • West Greeley Conservation District, referral dated May 10, 2021 • Colorado Division of Water Resources, referral dated April 30, 2021 • Weld County Department of Public Works, referral dated April 15, 2021 • Weld County Department of Public Health and Environment, referral dated April 12, 2021 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Larimer County, referral dated April 13, 2021 • Weld County Zoning Compliance, referral dated April 9, 2021 The Department of Planning Services' staff has not received responses from the following agencies: • Nunn Fire Protection District • RE -9 Weld County School District Narrative: The proposed application seeks to split 65 acre Lot B of RECX20-0077, recorded September 2, 2020, reception # 4626205, into a vacant, 7 acre lot, to be known as Lot A of FFD21-0010. The improvements are located on the current Lot A of RECX20-0077, which will be known as Lot B of FFD21-0010 and the remaining 57 acres of Lot B of RECX20-0077 will be known as Lot C of FFD21-0010. id 3012,1 FFD21-0010 Page 1 of 7 TI,731 3 Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the Family Farm Division Overview and Standards per Sections 24-7-10 and 24-7-20 of the Weld County Code have been met. This Family Farm Division is approved with the following conditions of approval in accordance with information submitted in the application and the policies of Weld County. 1. Prior to recording the plat: A. The applicant shall acknowledge the advisory referral comments of the Colorado Division of Water Resources, as stated in the referral response dated April 30, 2021. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Use by Special Review Permit USR15-0054, reception # 4630502, for an Excavation Business in the A (Agricultural) Zone District, is located on portions of both proposed Lot A and Lot C of FFD21-0010. The applicant shall address the continued operation of USR15-0054 and which lot(s) it is to be associated with. A partial or complete USR vacation request letter and map shall be submitted to the Department of Planning Services. A USR vacation hearing shall be held before the Board of County Commissioners prior to recording the Family Farm Division plat. C. Prior to the partial vacation of USR15-0054, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location. 2. The draft plat shall be amended as follows: A. The map shall be prepared per Section 24-7-50 of the Weld County Code. B. Each page of the plat shall be titled: Family Farm Division No. 0555-17-2 FFD21-0010 C. The plat shall include the attached Weld County Plat Notes. D. The plat shall bear the certifications shown in Appendix 24-C of the Weld County Code, as amended. E. The plat shall contain a historical list of the land division and amendments which resulted in the parent parcel(s). Reference previous land divisions by case number, reception number and recording date of plat or deed. F. The Family Farm Division lots shall be designated in alphabetical order from smallest to largest in acreage on the plat map and legal description. G. All lots of the Family Farm Division shall not be less than one (1) acre in size if served by a public water source or two and one-half (2.5) acres if served by a water well. H. The lot created by the Family Farm Division shall not be greater than seven (7) acres. I. All lots included in the Family Farm Division application that are less than thirty-five (35) acres shall remain less thirty-five (35) acres. J. All lots included in the Family Farm Division application that are more than thirty-five (35) acres shall remain at least thirty-five (35) acres. K. A 30 -foot -wide joint access and utility easement extending across Lot A from County Road 15, for the benefit of Lots A and C, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-C.A. The easement shall be graded and drained to provide all weather access. FFD21-0010 Page 2 of 7 L. Show and label the existing and proposed access points and the usage types (Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access locations as a part of the plat submittal. M. County Road 15 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. N. On the parcel to the north of Lot B of RECX20-0077, there is section line right-of-way for County Road 94. Section line right-of-way does not exist in all sections in Weld County and should be verified and shown on the plat. Weld County commonly refers to these locations as "Non - Maintained Section Line 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. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that any physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. O. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70.E of the Weld County Code. P. Show and label all recorded easements and rights -of -way by book and page number or reception number and date. Q. Show and label any conflicting boundary evidence such as fences or structures. 3. The following Weld County Plat Notes shall be placed on the plat: 1) The purpose of this Family Farm Division is a one-time only land division to create a separate, buildable lot (Lot A) to support a family farm or ranch. 2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County Code, as amended. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 5) 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. 6) 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. 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. FFD21-0010 Page 3 of 7 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 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. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 12) Potential purchasers should be aware that approval of this Family Farm Division does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. Potential purchasers should also be aware that well water usage may be limited to specific uses, i.e., "Domestic Use Only." 13) If residences or structures requiring water and sewer are constructed or used for the proposed lots, Weld County On -site Wastewater Treatment System (OWTS) Permits are required for septic systems and shall be installed according to the Weld County OWTS Regulations. 14) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29- 3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) Building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs. 16) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. 17) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested. The legal description on such deed shall include the Lot designation and Family Farm Division number. 18) Prior to the release of building permits, evidence shall be submitted indicating the structure is located within an area that has been released from the CRP program. 19) Prior to the release of building permits on Lot A, the applicant shall submit evidence to the Department of Planning Services the lot has an adequate water supply of sufficient quality, quantity and dependability. 20) Potential Purchasers are hereby notified that an Excavation Business is permitted by USR15- 0054 Reception # 4630502 and is located on Lot B. 21) 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, FFD21-0010 Page 4 of 7 and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 22) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. FFD21-0010 Page 5 of 7 People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Next Steps: Per Section 24-7-50 of the Weld County Code: A. The Family Farm Division revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent rounds of review. B. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed or from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. 5. Enforcement: Per Section 24-7-60 of the Weld County Code: A. If the Family Farm Division plat has not been recorded within one hundred twenty (120) days from the date the Staff Report was administratively signed or the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty (120) days of approval, the Director of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the conditions of approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying or removing the contested conditions of approval. B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in locking of the lots and withholding Weld County permits. C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S. 6. Plat Recording Process: Per Section 24-7-40 and Appendix 5-J of the Weld County Code: A. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners. If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat. B. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder FFD21-0010 Page 6 of 7 for recording. C. The Family Farm Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. D. Should the plat not be recorded within the required one hundred twenty (120) days from the date the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month period that the plat has not been recorded beyond the initial one hundred twenty (120) days. 7. Recording New Deeds: The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception number of the Family Farm Division plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: Date: May 21, 2021 Maxwell Nader, Planner II FFD21-0010 Page 7 of 7 Hello