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HomeMy WebLinkAbout20194210.tiff RESOLUTION RE: APPROVE REQUEST TO MODIFY DEVELOPMENT STANDARD #44 OF SECOND AMENDED USE BY SPECIAL REVIEW PERMIT, 2MUSR19-95-1075 - R.M. HINER CONSTRUCTION COMPANY, INC., C/O MICHAEL BARE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 12, 1995, the Board of County Commissioners approved the application of R.M. Hiner Construction, Inc., do Rex Hiner, for a Site Specific Development Plan and Use by Special Review Permit, USR-1075, for an Asphalt and Concrete Batch Plan, an Oil Field Construction Business, and a Recreational Facility in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: NW1/4 of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, on May 25, 2011, the Board of County Commissioners approved the application of R.M. Hiner Construction Company, Inc., do Jim Arnold, for a Site Specific Development Plan and Amended Use by Special Review Permit, AmUSR-1075, for Open Pit Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete Batch Plant for an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility — Pipeline and Roust-A-Bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members) in the A (Agricultural) Zone District, on the property described above, and WHEREAS, Development Standard #44 was approved to read, as follows: "44. Hours of operation, for the water skiers, shall be from sunrise to sunset, from April 1st, through September 30th, of any given year." WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the property owners, Rex and Sharon Hiner, as well as the Ski Club Lease representative, Michael Bare, dba Exceptional Realty Services, Inc., and the recommendation of the Weld County Departments of Planning Services and Public Works and, having been fully informed, finds Development Standard #44 shall be amended to read, as follows: "44. Hours of operation, for the water skiers, shall be from sunrise to sunset, from April 15th, through October 14, of any given year." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Development Standard #44 for Amended Use by Special Review Permit, AmUSR-1075, on the hereinabove described parcel of land, be, and hereby is, amended as stated above. Cc PLC KorTP),aPPL RAP 2019-4210 to(t� it°� PL0990 REQUEST TO MODIFY DEVELOPMENT STANDARD #44 FOR 2MUSR19-95-1075 - R.M. HINER CONSTRUCTION COMPANY, INC., C/O MICHAEL BARE PAGE 2 BE IT FURTHER RESOLVED by the Board that all other Conditions of Approval included in Resolution #2011-1039, approved on May 25, 2011, remain in full force and effect, and that a new USR map, prepared in accordance with Section 23-2-260.D of the Weld County Code and labeled 2MUSR19-95-1075, be submitted for recording to reflect his modification to Development Standard #44. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: dattf44) op; ..��� arbara Kirkmeyer Chair / Weld County Clerk to the Board BY: . 1 Mi a Freeman, Pro-Tem Deputy Clerk to the Board /_ o Sean . Conway 186 !'(: = ' co t K. James County Attorney ��J ���' Steve Moreno Date of signature: to/o_/l q 2019-4210 PL0990 .‘ „,,,,ii,. MEMORANDUM couNTY TO: Board of County Commissioners DATE: September 23, 2019 FROM: Kim Ogle, Planning Services SUBJECT: Request for consideration to modify Development Standard No. 44 Case No. AMUSR-1075 R.M. Hiner Construction Company, Inc. The Department of Planning Services received an application from Michael Bare, dba Exceptional Realty Services, Inc.,the property owner's representative for the Ski Club Lease on property owned by Sharon and Rex Hiner dba R.M. Hiner Construction Company Inc. on lands described as the E2 NE4 of Section 36, Township 6 North, Range 66 West and the south 120 acres of the NW4 of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County Colorado The property address for the facility is 2220 "O" Street, Greeley, Colorado 80631 The original Special Use Permit, USR-1075,was approved by the Board of County Commissioners on April 12, 1995 for a concrete and asphalt batch plant, an oil field construction business and a recreational facility [ six (6) primitive campsites for Recreational Vehicles, two (2) floating docks, one (1) boat ramp, one (1) shade structure and one (1) storage shed] in the A (Agricultural) Zone District with all improvements located North of the 100 year floodplain as delineated on the USR map prepared by KLH Engineering Group of Greeley, Colorado on May 8, 1985. The USR map was recorded September 27, 1995 via Reception No. 2457193. The amendment to the original USR permit, AmUSR-1075 was approved by the Board of County Commissioners on May 25, 2011 for a for a concrete and asphalt batch plant, an oil field construction business and a recreational facility, to include increasing the current number of recreational camping sites from six (6) to thirty-eight (38); add additional outdoor storage for construction equipment and recreational vehicles—trailers, boats and trailers and enclosed trailers; and aggregate mining operations. The precise number of floating boat docks was not specifically addressed, although the lake currently has twenty-one(21) primitive campsites, all located outside of the Cache La Poudre River Floodplain, on maps adopted and recognized by Weld County Government. The AmUSR map was recorded August 23, 2017 via Reception No. 4329727. The request for consideration submitted by Michael Bare, dba Exceptional Realty Services, Inc., specifically addresses Development Standard No. 44 of AmUSR-1075 that states "Hours of operation for the water skiers shall be from sunrise to sunset from April Pt through September 15th of any given year." Mr. Bare, respectfully requests to modify this Development Standard to: "The hours of operation,for the water skiers, shall be from sunrise to sunset from April 15th to October 14th of any given year." 2019-4210 09103 PL.0990 This is the only modification to the current land use permit requested for AmUSR-1075 for the R.M. Hiner Construction Company, Inc., of Lamar,Colorado 81052 and all other Development Standards included in Resolution #2011-1039, approved May 25, 2011, will remain in full force and effect. The Department of Planning Services requests a new USR Map prepared in accordance with Section 23-2-260.D of the Weld County Code and labeled 2MUSR19-95-1075 be submitted for recording to reflect this modification to Development Standard No. 44. DEPARTMENT OF PLANNING AND BUILDING * * DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT '"'�`\ 1 '` 1555 NORTH 17T"AVENUE li ' � .�.. � GREELEY, CO 80631 r t .• U,-' ccuNI- ! YY' AUTHORIZATION FORM I, (We),/ZF''-r 4 -S`'4"b"f /'vet give permission to /V 1/A//e V (Owner—please print) (Authorized Agent—please print) to apply for any Planning, Building or Septic permits on our behalf, for the property located at (address or parcel number) below: A,,,-,,_7 , 2. 2 2-c) O S-21--e a 6 6cce /e7, CO• evc$ 3/ Legal Description: See oc 4c 1 of Section , Township N, Range W Subdivision Name: Lot Block Property Owners Information: /2ex `1-s4roN /5 :c,e.„-- ( /1- tee. /2.4-1 Ccivsfi-4ec9 "' CO, , .-c) Address: // 41u-S1i:v ✓2 c4 df ,G.G.---tc P, co . st/C S Phone: 7/9 -J3( - aV6 ? E-mail: Authorized Agent Contact Information: /r-4,'%e e_54 r°- Address: eG: 8co x /7 j ,4,- .c,-, C1 C'. -Co/..?Y Phone: 203--,c—/ -,-VS.7,3 E-Mail: /7-1/4e-6Q,-e_ i9 62)5rs.. c' / c_,,,t Correspondence to be sent to: Owner_ Authorized Agent,X Both I by Mail I I Email X_ Additional Info: ,,,,„7.- r %.J�j� /�] Owner Signature: ' c -- / �= Date: «/ i Owner Signature: . l.G ,X14 ail , � Date: 412-11q Esther Gesick From: Kim Ogle Sent: Friday,August 30, 2019 4:33 PM To: Michael Bare Cc: Esther Gesick Subject: MEMORANDUM FOR CONSIDERATION BY THE BOARD OF COUNTY COMMISSIONERS Attachments: RM HINE CONSTRUCTION REQUEST TO MODIFY DS No.44 of AmUSR-1075 MEMORANDUM 9-23-2019 [KO].doc Hello Mike Attached is the staff memorandum reflecting your request. Esther Gesick, Clerk to the Board will set the case for September 23 at 9:00 for the request to be heard by the Board of County Commissioners. Please make arrangements to be present in case there are questions with your request. Prior to the hearing, questions may be directed to this office. Thank you Kim Ogle Planner Ill Weld County Planning Services 1555 North 17th Avenue Greeley,Colorado 80631 970.400.3549 Direct kogle@weldgov.com i Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE: September 23, 2019 TIME: 9:00 a.m. APPLICANT: R.M. Hiner Construction, Inc. 11 Austin Road Lamar, Colorado 81052 do Mike Bare P.O. Box 1182 Parker, Colorado 80134 REQUEST: To modify Development Standard #44 of the Site Specific Development Plan and Amended Use by Special Review Permit, AMUSR-1075, for Open Pit Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete Batch Plant, for an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility— Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members), in the A (Agricultural) Zone District. LEGAL DESCRIPTION: E1/2 NE1/4 of Section 36, Township 6 North, Range 66 West and south 120 acres of the NW4 of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 64 ("O" Street); east of and adjacent to 25th Avenue BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 11, 2019 SURROUNDING PROPERTY OWNERS AMUSR-1075 NAME ADDRESS 1 CITY STATE POSTAL CODE AGUILAR FERNANDO AND ALMA-DELIA 1504 N 25TH AVENUE CT GREELEY CO 80631-9509 AGUILAR ROSITA ELVIRA 325 23RD AVENUE CT GREELEY CO 80631-1549 ALVAREZ-FLORES JOSE 1410 N 25TH AVENUE CT GREELEY CO 80631-9110 BROWNWOOD NICHOLAS 24707 COUNTY ROAD 41 LA SALLE CO 80645-4408 BUCKLEN EQUIPMENT COMPANY 804 N 25TH AVE GREELEY CO 80631-9506 CAIN JOE D 2220 O ST GREELEY CO 80631-9503 CASTILLO BLANCA ESTELLA 1410 N 26TH AVE GREELEY CO 80631-9592 CASTILLO ROSE C/O SUSIE JOJOLA 1421 N 25TH AVENUE CT GREELEY CO 80631-9510 CASTRO ESTEPHANIAJIMENEZ 1501 N 25TH AVE GREELEY CO 80631-9508 CAVAZOS FLORENTINA 1508 N 25TH AVENUE CT GREELEY CO 80631-9509 CERVANTES BEATRICE 1505 N 26TH AVE GREELEY CO 80631-9593 CISNEROS SAUL 1511 N 25TH AVENUE CT GREELEY CO 80631-9510 COLONY IMPROVEMENT CORP C/O VICENTE VEGA-CHAVEZ 1500 25TH AVENUE CT GREELEY CO 80631-9509 DE HERRERA ALICIA FRANCO 1417 N 25TH AVENUE CT GREELEY CO 80631-9510 DEUS JOHN THOMAS 5 BAYONNE AVE MONMOUTH BCH NJ 07750-1001 DURAN BERNADETTE AND SADIE 1514 N 25TH AVENUE CT GREELEY CO 80631-9509 FOOSE COLLIER 727 PEYTON DR FORT COLLINS CO 80525-8247 GALLEGOS MANUEL PO BOX 200296 EVANS CO 80620-0296 GOMEZ JESS 1512 N 26TH AVE GREELEY CO 80631-9511 CITY OF GREELEY C/O REAL ESTATE MANAGEMENT 1000 10TH ST GREELEY CO 80631-3808 GUITERREZ PETE AND INEZ 401 N 21ST AVE GREELEY CO 80631-1738 GURROLA JAVIER AND LETICIA 1409 N 25TH AVENUE CT GREELEY CO 80631-9510 GUTIERREZ BENNY 1406 N 26TH AVE GREELEY CO 80631-9592 GUTIERREZ JOE ANTHONY, RIOS LINDA MAE AND GUTIERREZ JOSE 1405 N 25TH AVE CT GREELEY CO 80631-9510 GUTIERREZ JUAN LUIS 1407 N 25TH AVE GREELEY CO 80631-9508 GUTIERREZ PEDRO AND NANCY 1400 N 25TH AVENUE CT GREELEY CO 80631-9110 GUTIERREZ PETER B (HEIRS OF)AND JOE 2409 BALSAM AVE GREELEY CO 80631-9073 GUTIERREZ-SEGURA MICHAEL ANTHONY 4728 EVERGLADE CT GREELEY CO 80634-9274 HERNANDEZ RODRIGUEZ JOSE ALEJANDRO AND RODRIGUEZ LICINDA 4452 DULUTH WAY DENVER CO 80239-5038 HERRERA ADOLFO AND CHAVEZ LAURA 1602 CALKINS AVE LONGMONT CO 80501-7101 HINER R M CONSTRUCTION CO INC 11 AUSTIN RD LAMAR CO 81052-4301 HUNGENBERG GROUP FARMS LLLP 976 N BALSAM AVE GREELEY CO 80631-9533 MARQUEZ BENERANDA 1517 N 25TH AVE GREELEY CO 80631-9508 MARTINEZ IGNACIO,JOSE JR, RAYMOND, VALENTIN,JOSE LUIS,AND MARIA DE JESUS AND SANCHEZ LUPE, HAWKINS CARMIN,VASQUEZ SAN JUANA 4507 W 3RD ST GREELEY CO 80634-1021 MARTINEZ PEDRO 1403 N 26TH AVE GREELEY CO 80631-9512 MENDOZA JOSE 325 23RD AVENUE CT GREELEY CO 80631-1549 MIRACLE DAVID AND TAMMY 1509 N 26TH AVE GREELEY CO 80631-9593 MONTOYA REUBEN 1413 N 25TH AVENUE CT GREELEY CO 80631-9510 NAVA ALFREDO AND CARMELA 1406 N 25TH AVENUE CT GREELEY CO 80631-9110 NAVA ERACLIO (HEIRS OF) 1409 N 25TH AVENUE CT GREELEY CO 80631-9510 NIEMEYER JEFFERY AND LINDA 1509 N 25TH AVE GREELEY CO 80631-9508 ORTEGA ANSELMO 1408 N 26TH AVE GREELEY CO 80631-9592 ORTEGA MAXIMO AND MARGARITA 1510 N 25TH AVENUE CT GREELEY CO 80631-9509 NAVA HUGO AND ORTIZ ROSARIO 1414 N 25TH AVENUE CT GREELEY CO 80631-9110 RODRIGUEZ ANTONIO SR AND JUANA AND JORGENSEN YOLANDA 1405 N 26TH AVE GREELEY CO 80631 RODRIGUEZ PEDRO AND ERNESTINA 1508 N 26TH AVE GREELEY CO 80631-9511 SEDILLOS ROSALIE ANNE 1504 N 26 AVE GREELEY CO 80631-9511 SHOCKEY GARY AND ROBIN 1416 N 25TH AVENUE CT GREELEY CO 80631-9110 SILVA EMMA JEAN 1516 N 26TH AVE GREELEY CO 80631-9511 SILVA KRISTINE 1515 N 26TH AVE GREELEY CO 80631-9593 STEPANSKI CORTNEY 1506 N 26TH AVE GREELEY CO 80631-9511 TEMPLO BETHEL ASSEMBLY OF GOD 1527 N 25TH AVENUE CT GREELEY CO 80631-9510 VARELA JUAN AND MARINA 2524 W O ST GREELEY CO 80631-9504 VARELA MANUEL AND AURORA 1411 N 26TH AVE GREELEY CO 80631-9512 VEGA-CHAVEZ VICENTE AND RUIZ DE VEGA FELICITAS 1500 N 25TH AVENUE CT GREELEY CO 80631-9509 WASHINGTON PROPERTIES IV LLC PO BOX 7063 LOVELAND CO 80537-0063 WELLS DARELL 1419 N 25TH AVE GREELEY CO 80631-9508 YABARRA RUDY(HEIRS OF)AND BILLY RAY 1524 N 25TH AVENUE CT GREELEY CO 80631-9509 YBARRA GUADALUPE AND ANITA 2520 O ST GREELEY CO 80631-9504 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surronding property owners in accordance with the notification requirements of Weld County in Case Number AMUSR-1075 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list dated this 10th day of September, 2019. Jessica J. Reid Deputy Clerk to the Board WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. C\ ignature 1 - kO - Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1280586 080330000006 HUNGENBERG GROUP FARMS LLLP 976 N BALSAM AVE • GREELEY, CO 806319533 R1246897 080331200005 WELD COUNTY 1150 O ST • GREELEY, CO 806319596 R1246997 080331200006 HINER R M CONSTRUCTION CO INC 11 AUSTIN RD • LAMAR, CO 810524301 M1124699 080331200009 CAIN JOE D 2220 O ST GREELEY,CO 806319503 R1281486 080331200009 HINER R M CONSTRUCTION CO INC 11 AUSTIN RD • LAMAR, CO 810524301 R8941817 080331200019 BUCKLEN EQUIPMENT CO 804 N 25TH AVE • GREELEY, CO 806319506 R1284186 080331300024 BUCKLEN EQUIPMENT COMPANY 804 N 25TH AVE GREELEY, CO 806319506 R1345886 080525000031 HUNGENBERG GROUP FARMS LLLP 976 N BALSAM AVE • GREELEY, CO 806319533 R1346486 080525000039 DEUS JOHN THOMAS 5 BAYONNE AVE • MONMOUTH BCH, NJ 077501001 Parcels: 79 Owner Records: 120 Page 1 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1346586 080525000047 VARELA MARINA R1346586 080525000047 VARELA JUAN M 2524 W O ST • GREELEY, CO 806319504 R1346686 080525000048 YBARRA ANITA R1346686 080525000048 YBARRA GUADALUPE 2520 O ST • GREELEY, CO 806319504 R1346786 080525000049 YABARRA RUDY(HEIRS OF) • R1346786 080525000049 YBARRA BILLY RAY 1524 N 25TH AVENUE CT • GREELEY, CO 806319509 R1346986 080525000051 HUNGENBERG GROUP FARMS LLLP 976 N BALSAM AVE • GREELEY, CO 806319533 R1382386 080536100008 HINER R M CONSTRUCTION CO INC 11 AUSTIN RD • LAMAR, CO 810524301 R1382486 080536100009 HINER R M CONSTRUCTION CO INC 11 AUSTIN RD LAMAR, CO 810524301 Parcels: 79 Owner Records: 120 Page 2 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel# 080536100009 Account Parcel Owner Mailing Address R0133591 080536100012 COLONY IMPROVEMENT CORP C/O VICENTE VEGA-CHAVEZ • 1500 25TH AVENUE CT GREELEY, CO 806319509 R8941818 080536100020 BUCKLEN LAND LLC 804 N 25TH AVE GREELEY, CO 806319506 R3842605 080536100064 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R1383086 080536101001 SILVA KRISTINE 1515 N 26TH AVE GREELEY, CO 806319593 R1383186 080536101002 GALLEGOS MANUEL PO BOX 200296 EVANS, CO 806200296 R1383386 080536101005 CERVANTES BEATRICE 1505 N 26TH AVE • GREELEY, CO 806319593 R1383486 080536101006 GUTIERREZ-SEGURA MICHAEL ANTHONY 4728 EVERGLADE CT • GREELEY, CO 806349274 R1383586 080536101007 VARELA MANUEL 1411 N 26TH AVE • GREELEY, CO 806319512 R1383686 080536101008 VARELA AURORA Parcels: 79 Owner Records: 120 Page 3 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1383686 080536101008 VARELA MANUEL 1411 N 26TH AVE GREELEY, CO 806319512 R1383786 080536101009 JORGENSEN YOLANDA r R1383786 080536101009 RODRIGUEZ ANTONIO SR R1383786 080536101009 RODRIGUEZ JUANA 1405 N 26TH AVE GREELEY, CO 80631 R1383886 080536101010 HAWKINS CARMEN (1/9) R1383886 080536101010 MARTINEZ JOSE JR (1/9) R1383886 080536101010 MARTINEZ JOSE LUIS(1/9) R1383886 080536101010 MARTINEZ MARIA DE JESUS (1/9) R1383886 080536101010 MARTINEZ RAYMOND(1/9) Parcels: 79 Owner Records: 120 Page 4 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Lo - \`‘ Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1383886 080536101010 MARTINEZ VALENTIN (1/9) R1383886 080536101010 SANCHEZ LUPE(1/9) R1383886 080536101010 VASQUEZ SAN JUANA(1/9) R1383886 080536101010 MARTINEZ IGNACIO(1/9) 4507 W 3RD ST GREELEY, CO 806341021 M8947840 080536101010 MARTINEZ PEDRO 1403 N 26TH AVE • GREELEY, CO 806319512 R1383986 080536101011 MENDOZA JOSE 325 23RD AVENUE CT GREELEY, CO 806311549 R4903507 080536101015 MIRACLE TAMMY R4903507 080536101015 MIRACLE DAVID 1509 N 26TH AVE • GREELEY, CO 806319593 R1384586 080536102004 GOMEZ JESS P 1512 N 26TH AVE • GREELEY, CO 806319511 Parcels: 79 Owner Records: 120 Page 5 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature -l -cD - `9 Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1384686 080536102005 GOMEZ JESS P 1512 N 26TH AVE • GREELEY, CO 806319511 R1384786 080536102006 RODRIGUEZ ERNESTINA R1384786 080536102006 RODRIGUEZ PEDRO 1508 N 26TH AVE GREELEY, CO 806319511 R1384886 080536102007 STEPANSKI CORTNEY • 1506 N 26TH AVE GREELEY, CO 806319511 R1384986 080536102008 SEDILLOS ROSALIE ANNE 1504 N 26 AVE GREELEY, CO 806319511 M1099798 080536102009 CASTILLO BLANCA ESTELLA 1410 N 26TH AVE • GREELEY, CO 806319592 R1385086 080536102009 CASTILLO BLANCA ESTELLA 1410 N 26TH AVE • GREELEY, CO 806319592 R1385186 080536102010 ORTEGA ANSELMO 1408 N 26TH AVE E GREELEY, CO 806319592 R1385286 080536102011 GUTIERREZ BENNY 1406 N 26TH AVE GREELEY, CO 806319592 Parcels: 79 Owner Records: 120 Page 6 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. C-Nignature Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1385386 080536102012 GUTIERREZ BENNY s R1385386 080536102012 GUTIERREZ JOE B V R1385386 080536102012 GUTIERREZ PETER B (HEIRS OF) 2409 BALSAM AVE GREELEY, CO 806319073 R1385486 080536102013 GUTIERREZ BENNY R1385486 080536102013 GUTIERREZ JOE B • R1385486 080536102013 GUTIERREZ PETER B (HEIRS OF) 2409 BALSAM AVE GREELEY,CO 806319073 R1385586 080536102014 RIOS LINDA MAE • R1385586 080536102014 GUTIERREZ JOE ANTHONY 1405 N 25TH AVE CT GREELEY, CO 806319510 R1385686 080536102017 MONTOYA REUBEN 1413 N 25TH AVENUE CT • GREELEY, CO 806319510 Parcels: 79 Owner Records: 120 Page 7 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. V1 gnature —1 — — \ � Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1385786 080536102018 DE HERRERA ALICIA FRANCO 1417 N 25TH AVENUE CT • GREELEY, CO 806319510 R1385886 080536102019 CASTILLO ROSE M %SUSIE M JOJOLA • 1421 N 25TH AVENUE CT GREELEY, CO 806319510 R1385986 080536102020 AGUILAR ROSITA ELVIRA 325 23RD AVENUE CT • GREELEY, CO 806311549 R1385986 080536102020 MENDOZA JOSE 325 23RD AVENUE CT • GREELEY, CO 806311549 R1386086 080536102021 AGUILOR ROSIE 325 23RD AVENUE CT • GREELEY, CO 806311549 R1386086 080536102021 MENDOZA JOSE 325 23RD AVENUE CT • GREELEY, CO 806311549 R1386186 080536102022 CISNEROS SAUL 1511 N 25TH AVENUE CT • GREELEY, CO 806319510 R1386286 080536102023 RODRIGUEZ LUCINDA R1386286 080536102023 HERNANDEZ RODRIGUEZ JOSE 4452 DULUTH WAY • ALEJANDRO DENVER, CO 802395038 Parcels: 79 Owner Records: 120 Page 8 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address M1386386 080536102023 RODRIGUEZ HERNANDEZ JOSE ALEJANDRO 4452 DULUTH WAY DENVER, CO 802395038 R1386486 080536102024 HERNANDEZ RODRIGUEZ JOSE 4452 DULUTH WAY ALEJANDRO DENVER, CO 802395038 R1386786 080536102028 GUTIERREZ JOE ANTHONY R1386786 080536102028 RIOS LINDA MAE R1386786 080536102028 GUTIERREZ JOSE A 1405 N 25TH AVENUE CT • GREELEY, CO 806319510 R1386886 080536102029 GURROLA JAVIER CHAVIRA R1386886 080536102029 GURROLA LETICIA N R1386886 080536102029 NAVA ERACLIO (HEIRS OF) 1409 N 25TH AVENUE CT • GREELEY, CO 806319510 R1386986 080536102030 GURROLA LETICIA Parcels: 79 Owner Records: 120 Page 9 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. \Signature Date Property Owners Within 500 Feet of Parcel# 080536100009 Account Parcel Owner Mailing Address R1386986 080536102030 GURROLA JAVIER 1409 N 25TH AVENUE CT • GREELEY,CO 806319510 R0127589 080536102031 SILVA EMMA JEAN 1516 N 26TH AVE GREELEY, CO 806319511 R6778209 080536102032 TEMPLO BETHEL ASSEMBLY OF GOD 1527 N 25TH AVENUE CT GREELEY,CO 806319510 R1387186 080536103003 DURAN BERNADETTE WENDY R1387186 080536103003 DURAN SADIE R 1514 N 25TH AVENUE CT • GREELEY, CO 806319509 R1387286 080536103004 ORTEGA MARGARITA R1387286 080536103004 ORTEGA MAXIMO 1510 N 25TH AVENUE CT • GREELEY, CO 806319509 R1387386 080536103005 CAVAZOS FLORENTINA 1508 N 25TH AVENUE CT • GREELEY, CO 806319509 R1387486 080536103006 AGUILAR ALMA-DELIA Parcels: 79 Owner Records: 120 Page 10 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. cSignature Q Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1387486 080536103006 AGUILAR FERNANDO 1504 N 25TH AVENUE CT • GREELEY, CO 806319509 R1387586 080536103007 RUIZ DE VEGA FELICITAS • R1387586 080536103007 VEGA-CHAVEZ VICENTE 1500 N 25TH AVENUE CT • GREELEY, CO 806319509 R1387686 080536103008 SHOCKEY ROBIN • R1387686 080536103008 SHOCKEY GARY 1416 N 25TH AVENUE CT GREELEY, CO 806319110 R1387786 080536103009 NAVA HUGO • R1387786 080536103009 ORTIZ ROSARIO A 1414 N 25TH AVENUE CT I GREELEY, CO 806319110 R1387886 080536103010 ALVAREZ-FLORES JOSE D 1410 N 25TH AVENUE CT • GREELEY, CO 806319110 R1387986 080536103011 NAVA CARMELA • Parcels: 79 Owner Records: 120 Page 11 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. C\A231') ;LP-- - Y ignature G - b - 19 Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R1387986 080536103011 NAVA ALFREDO 1406 N 25TH AVENUE CT GREELEY, CO 806319110 R1388086 080536103012 GUTIERREZ NANCY L R1388086 080536103012 GUTIERREZ PEDRO P 1400 N 25TH AVENUE CT GREELEY, CO 806319110 R1388186 080536103013 GUITERREZ INEZ R1388186 080536103013 GUITERREZ PETE R 401 N 21ST AVE GREELEY, CO 806311738 R1388286 080536103014 GUTIERREZ JUAN LUIS 1407 N 25TH AVE • GREELEY,CO 806319508 R1388386 080536103015 FOOSE COLLIER C 727 PEYTON DR FORT COLLINS, CO 805258247 R1388486 080536103016 CHAVEZ LAURA R1388486 080536103016 HERRERA ADOLFO U 1602 CALKINS AVE • LONGMONT, CO 805017101 Parcels: 79 Owner Records: 120 Page 12 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. nature — b 1� Date Property Owners Within 500 Feet of Parcel# 080536100009 Account Parcel Owner Mailing Address R1388586 080536103017 WELLS DARELL D 1419 N 25TH AVE • GREELEY, CO 806319508 R1388686 080536103018 WASHINGTON PROPERTIES IV LLC PO BOX 7063 LOVELAND, CO 805370063 R1388786 080536103019 CASTRO ESTEPHANIA JIMENEZ • 1501 N 25TH AVE GREELEY, CO 806319508 R1388886 080536103020 AGUILAR ALMA DELIA R1388886 080536103020 AGUILAR FERNANDO 1504 N 25TH AVENUE CT GREELEY, CO 806319509 R1388986 080536103021 NIEMEYER JEFFERY R1388986 080536103021 NIEMEYER LYNDA • 1509 N 25TH AVE GREELEY, CO 806319508 R1389086 080536103022 MARQUEZ BENERANDA • 1513 N 25TH AVE GREELEY, CO 806319508 R1396602 080536103026 MARQUEZ BENERANDA 1517 N 25TH AVE GREELEY, CO 806319508 Parcels: 79 Owner Records: 120 Page 13 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12:21:25 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel#080536100009 Account Parcel Owner Mailing Address R5237208 080536103030 BROWNWOOD NICHOLAS R 24707 COUNTY ROAD 41 • LA SALLE, CO 806454408 R6781205 080536110003 GREELEY CITY OF C/O REAL ESTATE MANAGEMENT • 1000 10TH ST GREELEY, CO 806313808 R5340008 080536400097 BUCKLEN EQUIPMENT COMPANY 804 N 25TH AVE • GREELEY, CO 806319506 Parcels: 79 Owner Records: 120 Page 14 of 15 WFLD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 12 : 21 : 26 PM SURFACE ESTATE THE UNDERSIGNFD , States that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses , and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered . This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site , http ://www . co .weld . co . us , and has not been modified from the original . The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date . • to J ignature °1 � 1/445 ....... t 9 Date Property Owners Within 500 Feet of Parcel # 080536100009 • i 7. liw �i -:. r• . d, r yam r it Lx" SI it ' •jy3 a irs ![. .S rails -6 yy������ y f J • '16tsb LL!!44 a. c _` y :C.IX t - < , f • �' ' r aN�s $ c- ....rd, �.- _ > - f Jy.. • A� -• ` .r:. •:�4 '.r-lu ri.' . �,''•F30:�Ev' }. sl—. .• a. ri. .r. T :..:. a 4::'44" C. ,.+ CAB i5' t .•• . r_�a. _ _a. . L V ' n„�..: "svan...ens . `> y { -- awl rI • E y • 1 / ler xY: i i { .a 4' 1 rp 0 A Silts • 6 • sr "11410... lil „, „eaws . . . 7 . _ ...; + 1 9 r5 a1,s - y •-, x . •.rte �4.. • ill •‘1/24 II;ey' t F •.. , .. six 4. } es' • .41 icA4•'s9.e tF•wry . '' . . ' ..•,.' .4 AA. ' -' ',1 - 4-‘4. .-. , . .. _,,..„,...,... . 4 t • 41 o. :II . 4 .<: Y � mss - e :-..sae *•; "�Y•aes • .>K ••• a TMill y • ,a ,, .•,--3'4,7T; ,, .z am , 1 _ r ` � - e k- 5s L11 ,7�,. u£. ₹•- �r 4.-:r w 11 12 .1 - _ - �� .�' a..s:. r sfi _ �M- I g� _. R7777 v - r!9 s! - - ,.••. T—.., ,n:.- T w 4- - • � _ ww1 V ..•� tit "3/4-4,*„ ws_ • V `( •! tsar''"""^ y ! 1` - •, . r , t 3. r Y_3/4. # ':ic 4,Parcels : 79 Owner Records : 120 Page 15 of 15 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 9:23:56 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered.This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us,and has not been modified from the original.The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. p, Signature Date Property Owners Within 500 Feet of Parcel#080331200036 Account Parcel Owner Mailing Address M1124699 080331200009 CAIN JOE D 2220 O ST • GREELEY,CO 806319503 R1281486 080331200009 HINER R M CONSTRUCTION CO INC 11 AUSTIN RD LAMAR, CO 810524301 R8941817 080331200019 BUCKLEN EQUIPMENT CO 804 N 25TH AVE • GREELEY, CO 806319506 R8941577 080331200036 HINER R M CONSTRUCTION CO INC 11 AUSTIN RD LAMAR, CO 810524301 Parcels: 4 Owner Records: 4 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS 9/6/2019 AFFIDAVIT OF INTERESTED LAND OWNERS 9 :23 : 56 AM SURFACE ESTATE THE UNDERSIGNFD , States that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses , and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered . This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site , http ://www. co .weld . co . us , and has not been modified from the original . The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date . • . vs.a......ta Signature Citi las tse ow,- kib '9 Date Property Owners Within 500 Feet of Parcel # 080331200036 kr 8v tap tr' t fi- y zA re DS • `44444k • • . 4.1411k. . .yam . » r^ .. , = A y R Y . w N A E • vx it '{i ? y1 • * - h. : i fr ei Apr 4, i it. . 4 A .... v''', -C —%4411014v, \ 4 ~ Yf xr �S f YZ• Y T .. p Ate, ~ 14. V" QQ ( ..Ig 'T S{e 6 +'!1 .Iq 1 � pat 're i '4 ' r Tom: . ai Agit 40.4 a Y , lard Parcels : 4 Owner Records : 4 Page 2 of 2 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1075 FOR OPEN PIT MINING AND MATERIALS PROCESSING (SAND, GRAVEL AND STONE), AN ASPHALT AND CONCRETE BATCH PLANT, FOR AN OIL FIELD BUSINESS, MORE SPECIFICALLY DEFINED AS AN OIL AND GAS SUPPORT AND SERVICE FACILITY-PIPELINE AND ROUST- A-BOUT; AND A PRIVATE COMMERCIAL RECREATIONAL FACILITY (WATER SKIING LAKE AND PRIMITIVE CAMPSITE FOR WATER SKIING MEMBERS), IN THE A(AGRICULTURAL) ZONE DISTRICT - R.M. HINER CONSTRUCTION COMPANY, INC., C/O JIM ARNOLD 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 25th day of May, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of R.M. Hiner Construction Company, Inc., c/o Jim Arnold, 3030 South Williams Street, Denver, Colorado 80210, for a Site Specific Development Plan and Amended Use by Special Review Permit#1075 for Open Pit Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete Batch Plant, for an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility—Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members), in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: E1/2 NE1/4 of Section 36, Township 6 North, Range 66 West and the south 120 acres of the NW1/4 of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Melanie Foslien, KBN Engineers, 820 8th Street, Greeley, Colorado 80631 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: .�` LJ L , PW t\I. Appl 2011-1319 �� I PL0990 AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY, INC., C/O JIM ARNOLD 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. 1) Section 22-2-20.9.2 (A.Policy 2.2) states, "Allow commercial and industrial uses, which are directly related to or dependent upon agriculture, to locate within agricultural areas when the impact to surrounding properties is minimal or mitigated and where adequate services and infrastructure are currently available or reasonably obtainable. These commercial uses should be encouraged to locate in areas that minimize the removal of agricultural land from production." The site is located in the Cache La Poudre Floodway and Floodplain and has been an ongoing operation for mineral resource development, oil and gas support and service, and a recreation facility since April 12, 1995. 2) Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." According to the Weld County Sand, Gravel Resources Map, dated July 1, 1975, the northern part of the property is classified as F-1 (Floodplain and Valley-Fill Deposits-relatively clean and sound) and T-1 (Stream Terrace Deposits-relatively clean and sound). 3) Section 22-5-80.C.8 (CM.Policy 3.8) states, "Require all mining operations conform to federal, state and local environmental standards." The Department of Reclamation Mining and Safety referral, dated April 22, 2011, states, "The proposed changes to the Site Specific Development Plan and an Amended Use by Special Review Permit do not conflict with the Division's interests; however, any changes made to the Mining and Reclamation Plan must be approved by the Division through a Technical Revision. The changes would include the addition of an asphalt and concrete batch plant, relocation of existing gas lines/wells, reconfiguration of the ponds, and the addition of campsites and boat ramps around the north pond." 4) Section 22-5-80.C.6 (CM.Policy 3.6) states, "Buffer, where possible, batch plants and processing equipment from adjacent uses." The processing area, including the mineral resource stockpiles and the concrete and asphalt batch plant, is located in the middle of the property near an existing tank battery, associated with Kerr-McGee Gathering, on the north side of the river. This area is within the floodplain, as defined by the Firm Community Panel Map 080266 0628C, dated September 2, 1982, and the City of Greeley - US Army Corps of Engineers Cache La Poudre Study, dated 2003. 2011-1319 PL0990 AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY, INC., CIO JIM ARNOLD PAGE 3 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.A.3 of the Weld County Code provides for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development including Open Pit Mining and Materials Processing (sand, gravel and stone), including a Concrete and Asphalt Batch Plant Facility. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review. Section 23-3-40.N of the Weld County Code allows for a Site Specific Development Plan and Use by Special Review Permit for a private commercial recreational facility (water skiing lake and unimproved campsite for water skiing members), in the A (Agricultural) Zone District. c. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. There is an existing metal skinned building on the property. To the north of the property is the North Weld County Business Park within the City of Greeley municipal limits. At this location, in the business park from west to east, is vacant land, the Department of Human Services, the North Jail Complex, the Sheriff's Administration Office, and the Environmental Health Building. On the lower elevation, adjacent to the private road, are the Weld County/City of Greeley Records Department and the Weld County Health Clinic. Land to the east of the site is utilized for Weld County Public Works; lands to the south include the Cache La Poudre River, Bucklen Equipment Company, and the Weld County Department of Public Works. Lands to the west include the Espanola subdivision, located north of the river, and the former maintenance shop for the Flatirons Company to the south. d. Section 23-2-230.8.4 -- 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 property is not located within an Intergovernmental Agreement Area and is within the three (3) mile referral area for the City of Greeley. The City of Greeley did not return a referral indicating a conflict with its interests, although some concern was expressed. e. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 2011-1319 PL0990 AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY, INC., CIO JIM ARNOLD PAGE 4 f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The U.S.D.A. Soils Maps of Important Farmlands of Weld County, dated 1979, designates the soils on this property as "Irrigated Land Not Prime." There is no irrigation water associated with the parcel; however, given the present mined condition, this U.S.D.A. Soils Map Designation may be faulty. A significant portion of the site consists of three (3) lakes with a non-mined component located in the south-central part of the property. g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240) and Operation Standards (Section 23-2-250) of the Weld County Code, Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of R.M. Hiner Construction Company, Inc., for a Site Specific Development Plan and Amended Use by Special Review Permit #1075 for Open Pit Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete Batch Plant, for an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility — Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members), in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled AmUSR-1075. B. The attached Development Standards. C. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. D. The location of all oil and gas facilities shall be shown on the plat, in addition to their setbacks. E. Revise the City of Greeley Corporate Limits to accurately reflect the annexed lands and road rights-of-way. F. North 23rd Avenue is within the City of Greeley's jurisdiction. 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. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by the City of Greeley. 2011-1319 131.0990 AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY, INC., C/O JIM ARNOLD PAGE 5 G. Revise the floodplain labels on the site plan to reference the 2003 U.S. Army Corps of Engineers Cache La Poudre River Floodplain Study that has been accepted by FEMA. 2. The applicant shall address the requirements/concerns of the U.S. Army Corps of Engineers as addressed in the referral, dated March 10, 2011. Written evidence that the applicant acknowledges its comments shall be provided to the Department of Planning Services. 3. The applicant shall address the requirements/concerns of the Weld County Department of Public Works as addressed in the referral, dated April 6, 2011. Written evidence that these concerns have been addressed and shall be provided to the Department of Planning Services. 4. The applicant shall address how the proposed Use by Special Review recreational activities are compatible with the active mining and Mine Safety Health Administration (MSHA) Regulations. MSHA Regulations require that people entering a working mine site be equipped with the proper personal protective equipment, such as steel toed boots, safety glasses, hardhats, and safety vests. Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. 5. The applicant shall address the concerns raised in the Zoning Compliance referral dated March 14, 2011, specific to active building permit violations. Written evidence that the applicant acknowledges the comments, and has resolved the Building Department Compliance Violations, shall be provided to the Department of Planning Services. 6. The applicant shall address the requirements/concerns of the Division of Mining Reclamation Safety (DRMS) as addressed in the referral, dated April 22, 2011. Written evidence that these concerns have been addressed, and/or approved by the DRMS shall be provided to the Department of Planning Services. 7. The applicant shall address the requirements/concerns of the Weld County Department of Public Health and Environment as addressed in the referral, dated April 11, 2011, including: A. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, if applicable. B. The applicant shall submit a Dust Abatement Plan, detailing on-site dust control measures, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment, for review and approval. 2011-1319 PL0990 AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY, INC., C/O JIM ARNOLD PAGE 6 C. In the event washing of vehicles will occur on site, the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles, in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas shall be designated on the plat. D. In the event the applicant intends to utilize the existing septic system at the home, for employee use, the septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. E. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Public Health and Environment for any proposed discharge into state waterways, if applicable. F. In accordance with the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may be allowed, provided they comply with the Above Ground Storage Tank Regulations. G. The Division requires that an Odor Abatement and Response Plan be submitted, prior to operation of the facility. This plan shall be implemented at the request of the Weld County Department of Public Health and Environment, in the event that odor levels detected off the site meet or exceed the odor limit as specified by the Colorado Revised Statues. The plan shall also be implemented, in the event that the Weld County Department of Public Health and Environment receives a significant number of odor complaints, and in the judgment of the Director of Public Health, there exists an odor condition requiring abatement. H, The applicant shall submit documentation from the North Weld County Water District indicating that the existing tap is sufficient for the commercial operations. The applicant shall submit a Noise Abatement Plan, for review and approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. 2011-1319 PL0990 AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY, INC., C/O JIM ARNOLD PAGE 7 J. The applicant shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall include, at a minimum, the following: 1) A list of wastes, which are expected to be generated on the site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on the site. 3) The waste handler and facility where the waste will be disposed of (including the facility name, address, and phone number). Written evidence that these concerns have been addressed shall be provided to the Department of Planning Services. 8. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site, or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes may be delineated on the plat, in accordance with the state requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. 9. The applicant shall attempt to address the requirements/concerns of the City of Greeley as addressed in the referral, dated April 23, 2011. Written evidence that the applicant acknowledges the City's comments shall be provided to the Department of Planning Services. 10. Upon completion of Conditions of Approval #1 through#9, listed above, the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all of the other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 11. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 2011-1319 PL0990 AMENDED SPECIAL REVIEW PERMIT #1075 - R.M. HINER CONSTRUCTION COMPANY, INC., C/O JIM ARNOLD PAGE 8 recording continuance charge shall be added for each additional three (3) month period. 12. The Department of Planning Services respectfully requests a digital file of all drawings associated with the 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 (MOB). 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. 13. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of May, A.D., 2011. BOARD OF COUNTY COMMISSIONERS ♦'�'"'"�• WELD COUNTY, COLORADO ATTEST: :15 � '•r EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to th a• 3 ' �'`%�y°�» EXCUSED v Sean P. , ro-Tem BY 6.1`t•�hz • . t Duty Clerk to the Boar .;,', W F. Garcia APFR AS TO a,; Davi E. Long, Act' Ch Pro-Tern ounty Attorney Dougla Rademach r Date of signature; 7/ S ?V i/ 2011-1319 P10990 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS R.M. HINER CONSTRUCTION COMPANY, INC. CIO JIM ARNOLD AMUSR#1075 1. A Site Specific Development Plan and Amended Use by Special Review Permit#1075 is for Open Pit Mining and Materials Processing (sand, gravel and stone), an Asphalt and Concrete Batch Plant, for an Oil Field Business, more specifically defined as an Oil and Gas Support and Service Facility— Pipeline and Roust-a-bout; and a private commercial recreational facility (water skiing lake and primitive campsite for water skiing members), in the A (Agricultural) Zone District and 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 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. 4. 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. 5. 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. 6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all times. 7, Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles, in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. 9. This facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone District of 70 db(A). 10. Any septic system, located on the property, must comply with all of the provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems (I.S.D.S) 11. Portable toilets will be allowed for the recreational area. Records of maintenance and proper disposal shall be retained on a seasonal basis. 2011-1319 PL0990 DEVELOPMENT STANDARDS -R.M. HINER CONSTRUCTION COMPANY, INC., do JIM ARNOLD (AMUSR#1075) PAGE 2 12. Recreational Vehicle (RV) units that have self-contained sewage disposal, shall dispose of sewage at an approved off-site facility. 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for employees to access and permanent residences. 14. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area, in a manner that will prevent nuisance conditions. 15. All pesticides, fertilizer, and other potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. All chemicals must be stored secure, on an impervious surface, and in accordance with the manufacturer's recommendations. 16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 17. The facility shall be operated in a manner to prevent odors. Odors detected off of the site shall not equal or exceed the level of a fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented, at the request of the Weld County Department of Public Health and.Environment, in the event odor levels detected off the site of the facility meet, or exceed, the level of a fifteen-to-one dilution_threshold,_or_in_the judgment-of-the Weld - County Health Officer, there exists an odor condition requiring abatement. 18, The operation shall comply with all applicable oil and gas operations regulated by the Colorado Oil and Gas Conservation Commission. 19. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety. 20. The operation shall comply with the Mine Safety and Health Act(MSHA). 21. The operation shall comply with the Occupational Safety and Health Act(OSHA). 22. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 23. The applicant shall be made aware that the lake water may not meet all water quality standards for natural swimming areas, as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages the applicant to periodically test the lake water. 24. The facility shall comply with Regulation No. 9, Open Burning, Prescribed Fire, and Permitting (5 CCR 1001-11) of the Colorado Air Quality Control Commission. 2011-1319 P10990 DEVELOPMENT STANDARDS-R.M. HINER CONSTRUCTION COMPANY, INC., do JIM ARNOLD (AMUSR#1075) PAGE 3 25. The applicant shall utilize the existing accesses to the site from North 23rd Avenue. The access off of the County's privately maintained road is to be used for emergency and incidental access only. No new accesses will be granted. 26. There shall be no campsites or overnight parking located in the FEMA-mapped 100-year floodplain, or in the floodway, due to the hazardous nature of the floodplain and the potential for loss of life. 27. There shall be no campsites or overnight parking located between the Cache La Poudre River and the lakes, unless the applicant provides proof of acceptance by FEMA of a Letter of Map Revision (LOMR) showing the areas are located outside of the 100-Year Floodplain. 28. Prior to the commencement of the 2012 season, portable boat docks must be anchored, per an engineered design. A Flood Hazard Development Permit (FHDP) must be obtained prior to the installation of the boat docks. 29. There shall be no parking or staging of vehicles on the County Roads. 30. If 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. All vegetation, other than grasses, needs to be maintained at a maximum height of twelve (12) inches until the area is completely developed. 31. WARNING: LOT MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcel #080531000063 may not be able to obtain building permits to construct structures. All construction or improvements occurring in the floodplain, as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Maps #8082660-0628C, dated September 28, 1982, and Map Panel #080266-1529E, dated June 10, 2005, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code, and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. 32. Future development, occurring within the floodplain, shall be in compliance with the floodplain codes in effect at that time. Future development activities located within the FEMA-mapped floodplain shall obtain the appropriate flood hazard development permits. 33. Prior to the vacation of the mining permit by DRMS, per FEMA's letter, dated January 13, 2011, a letter of map revision shall be approved by FEMA showing the impact the mining operation has had on the floodplain boundaries, floodway boundaries, and water surface elevations. 34. Effective January 1, 2003, building permits issued on the lot will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 2011-1319 PL0990 DEVELOPMENT STANDARDS - R. I . HINER CONSTRUCTION COMPANY, INC . , do JIM ARNOLD (AMUSR #1075) PAGE 4 35 . Effective August 1 , 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Storm ater/Drain %! ge Impact Fee Programs . 36 .. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code . 37 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code . 38 . Permits are required for all new proposed structures, and existing structures , which were installed without permits . An investigation fee shall be assessed on all structures which were installed without permits . 39 . Building permits are required for buildings and structures which required permits before the beginning of construction . 40 . Buildings shall conform to the requirements of the various codes adopted at the time of permit application . Currently , the following have been adopted by Weld County : 2006 International Building Code , 2006 International Mechanical Code , 2006 international Plumbing Code , 2006 International Fuel Gas Code, 2008 National Electrical Code , and Chapter 29 of the Weld County Code . 41 All building plans shall be submitted to the Union Colony Fire Department, for review and approval , prior to the issuance of building permits. 42 . Ali roads , within the permitted area , shall be all-weather and maintained to allow for emergency responders to have safe and adequate access_ 43 . 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 will be permitted , which may be confused with , or construed as, traffic control devices . 44 . Hours of operation , for the water skiers , shall be from sunrise to sunset, from April 1st, through September 30th , of any given year. 45, 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 tee Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations . 46 . Primary access drives shall be surfaced with gravel , recycled asphalt, or the equivalent , and shalt be graded to prevent drainage problems . 2011 - 1310 PL DEVELOPMENT STANDARDS- R.M. HINER CONSTRUCTION COMPANY, INC., c/o JIM ARNOLD(AMUSR#1075) PAGE 5 47. The historical flow patterns and runoff amounts will be maintained, on the site, in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 48. All boats, campers, and similar recreational equipment, owned by members and guests of the Hiner Lakes Recreational Club, shall be removed from the premises or stored in an approved, screened on-site storage area at the end of each season. 49. Access to the Open Pit Mining and Materials Processing (sand, gravel and stone), Asphalt and Concrete Batch Plant, Oil Field Business, and private commercial recreational facility shall be from North 23rd Avenue. No additional accesses are permitted. 50. Outdoor storage shall be restricted to the areas delineated on the approved AmUSR-1031 plat. 51. Any operation of the gravel pit and batch plants shall not obstruct the passage of the floodway and 100-year flood flows to the point that it has an adverse effect on others. This provision prohibits locating dikes and stockpiles in a manner which forces floodwaters to alter their normal course. 52. Any storage, on the site, shall be located outside of the floodway and 100-year floodplain, or be securely anchored and adequately flood proofed, in accordance with the FEMA and Weld County Flood Hazard Overlay District Regulations. 53. The Open Pit Mining and Materials Processing (sand, gravel and stone), including the Asphalt and Concrete Batch Plant component, shall be in compliance with Section 23-4-290.B of the Weld County Code, at all times. Further, all sand and gravel operations shall be conducted during the hours of daylight, except in case of public or private emergency, or to make necessary repairs to equipment. This restriction does not apply to the operation of administrative or executive offices, or repair facilities located on the property. 54. The property shall be maintained in compliance with the Airport Overlay District, at all times. 55. All approved North Lake campsites are restricted to the following: a. Passenger vehicle parking for campsite lessees and their guests b. One Recreational Vehicle (RV), camper or tent c. One inboard motor boat with trailer for same d. One enclosed storage shed will be permitted through the Department of Building Inspection e. One deck will be permitted through the Department of Building Inspection f. One horseshoe pit g. One fire pit with stacked firewood 2011-1319 PL0990 DEVELOPMENT STANDARDS- R.M. HINER CONSTRUCTION COMPANY, INC., c/o JIM ARNOLD (AMUSR#1075) PAGE 6 h. One boat dock, permitted through the Department of Building Inspection, having an approved FHDP i. One boat storage cover will be permitted through the Department of Building Inspection j. One shade cover will be permitted through the Department of Building Inspection, as applicable. 56. All approved South Lake campsites are restricted to the lease hold areas, and their equipment, vehicles, and associated transient improvements shall not impede the existing vehicle access to the internal site, including access to the ongoing mining and materials processing (sand, gravel and stone), asphalt and concrete batch plant, the oil field construction business, and the recreational facility, all which operate from this single point of ingress and egress. 57. 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, will 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. 58. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Non-compliance with arty of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 59. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat. 2011-1319 PL0990 ., 1 { . 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