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Home My WebLink About20240579.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0030, FOR RESOURCE DEVELOPMENT FACILITIES, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION #2013-2589, DATED SEPTEMBER 4, 2013 - 70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT 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 September 18, 2013, the Board approved the application of 70 Ranch, LLC, c/o United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, Colorado 80111, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0030, for Resource Development Facilities, including an Oil and Gas Support and Service Facility (water depot) in the A (Agricultural) Zone District, on the following described real estate, to -wit, and: All blocks, aka Lots C and D adjacent Davies Avenue and adjacent alley — L1 to L9, Block 5 and adjacent Castle Avenue and adjacent alley — L1 to L15, Block 4 and adjacent Castle Avenue, and adjacent Davies Avenue and adjacent alley; being part of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, on March 6, 2024, the Board was presented with an email, dated January 15, 2024, from the applicant's representative, Adam Smith, P.E., Civil Resources, LLC, 8308 Colorado Boulevard, Suite 200, Firestone, Colorado 80504, requesting the withdrawal of the application, stating the water depot was never constructed, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to grant the applicant's request and thereby accept the withdrawal of the application, and rescind Resolution #2013-2589, dated September 18, 2013. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of 70 Ranch, LLC, c/o United Water and Sanitation District, to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR13-0030, for Resource Development Facilities, including an Oil and Gas Support and Service Facility (water depot) in the A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2013-2589, dated September 18, 2013, be, and hereby is, rescinded. c.%Ft TP/Eg/nw/c0 IRSR(S6), A PPL 04 /OS /29 2024-0579 PL2238 WITHDRAW USR13-0030 AND RESCIND RESOLUTION #2013-2589 - 70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of March, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNT e'O ORADO- ATTEST: -a J Weld County Clerk to the Board sC-4ftrtha � lLJCI� CJTCIc.. Deputy Clerk to the Board AP' ' O` ED RM: County Attorney 3 Date of signature: Kev oJJ Ross, Chair Perry L. B k, Pro-Tem Mike Freeman Scott K. James 2024-0579 PL2238 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: From: Cc: Chris Gathman, Planner III Board of County Commissioners Tom Parko, Department of Planning Services Subject: USR13-0030 - Consider rescission of conditionally approved permit Hearing Date: March 6, 2024 Owner: 70 Ranch, LLC Legal Description: Part of Hardin Townsite - All Blocks AKA Lots C & D & Adjacent Davies Avenue & Adjacent Alley — Lot 1 to Lot 9 Block 5 & Adjacent Castle Avenue & Adjacent Alley — Lot 1 to Lot15 Block 4 & Adjacent Castle Avenue & Adjacent Davies Avenue & Adjacent Alley; Part of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado. Location: East of and adjacent to County Road 67 and south of and adjacent to County Road 380. Parcel Number: 0965-34-3-04-028 Parcel Size: +1- 40.78 acres Zoning: A (Agricultural) Summary: This purpose of this memorandum and hearing is to seek direction from the Board of County Commissioners regarding the approved, but not perfected USR13-0030. Use by Special Review permit # USR13-0030 (A Site -Specific Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities including an Oil and Gas Support and Service Facility (water depot) was conditionally approved by the Board of County Commissioners and the Final Resolution was signed on September 18, 2013 (Exhibit A). On January 11, 2024, Planning Staff sent an email to the owner requesting status of the permit (Exhibit B). The Planning Department received an email dated January 15, 2024, from Mr. Drew Damiano with United Water District stating that the water depot was never built or operational (Exhibit C). Additionally, planning staff conducted a site inspection and verified that the depot is not operational. 314 2024-0579 `�L2l37. Based on the correspondence received from the owner, Planning Staff recommends that the Board of County Commissioners rescind Use by Special Review Permit No. USR13- 0030. Exhibits: A: Signed BOCC Resolution B: Email to owner dated January 11, 2024 C: Email from owner to staff dated January 15, 2024 D: Vicinity Map G: Draft USR Map From: Drew Damiano on behalf of drew@unitedwaterdistrict.com To: "Adam Smith"; Tom Parko Jr; drewdamiano@unitedwaterdistrict.com; "Brad Hagen" Subject: RE: USR13-0030 Date: Monday, January 15, 2024 8:55:25 AM Attachments: image002.pnq image003.pnq image004.pnq Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tom and Adam, This water depot was not constructed. Thanks, Drew From: Adam Smith <adam@civilresources.com> Sent: Thursday, January 11, 2024 2:59 PM To: Tom Parko Jr <tparko@weld.gov>; drewdamiano@unitedwaterdistrict.com; Brad Hagen <brad @civilresources.com> Subject: RE: USR13-0030 Drew, I don't think this was ever built was it? Thanks, Adam J. Smith, P.E. Project Engineer Civil Resources, LLC 8308 Colorado Blvd. Suite 200 Firestone, CO 80504 Cell: 303.204.8335 From: Tom Parko Jr <tparko@weld.gov> Sent: Thursday, January 11, 2024 2:40 PM To: drewdamianoPunitedwaterdistrict.com; Adam Smith <adamPcivilresources.com>; Brad Hagen <brad @civilresou rces.com> Subject: USR13-0030 Good afternoon, I've been tasked to clean up old case files with Weld County and our records indicate that you are listed as a contact for USR13-0030. Please see attached Resolution. This case was conditionally approved by the Board of County Commissioners on September 18, 2013 for a water depot. Our records indicate that this USR was not perfected (recorded). If this USR has not been recorded, please work with the case Planner, Chris Gathman to finalize any conditions of approval so we can finalize the USR. Chris' email address is cgathmanlmweld.gov. If the water depot is not operational please let me know and we can take the case before the BoCC for recission. Please don't hesitate to contact me with any questions. Best, Tom Parko Community Development Coordinator Weld County Government 1402 N. 17th Avenue Greeley, Colorado 80631 tel: 970-400-3572 tparko@w Id gov ©©© This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION CONSTRUCTION PLANS FOR WATERFDEPOT - USR # _ , WELD COUNTY, COLORADO Wit' \ ~ ig ,,,-\•___,-----._- /,,- -\\'\,„ `7„7 MAP SOIL LEGEND .mne¢amu•aevwnv � P ' '7 mm�u�mw"�n,I - e m _:iKrmmnv' YPREPARED FOR UNRED WATER B SANITATION DISTRICT aan usrPimrtia�veswaim r.u$niraZAe mmlms Blmml�m lFl PREPARED BY CIVIL RES9DU RCES LLC ` r masm�r PII 4II6m m�111 IgmmIIfOPj ' CERTIFICATION 222.2412:455....=====.7- PLANNING COMMISSION monmeaxvnmwvmmmwim BOARD OF COUNIY COMMISSIONERS mwmm�nm �.�ei�o�n�amw0°wc vxN°nr��vvnivav® _ova :=.17 ANN r it v, " CML RE9'fURCF5 LLC rv'�ce, en O O K Z ?O � � s K 9 3 .j.. SITE PLAN REV 02 TOWN OFRPf USR BOUNDARY 1' 717 ;vc3:1 • •1 f •• '1 • • I: it t•tht • • • Si ,, ; oe 1' "tt• • ►-dr, sI. th • f3 104 V . iIta 1a. ao' tie A� t' �i t is, ~- - y, am =' 'r J 4.. t j' • 1f E4. I ii. .etpc, % CONSTRUCTION PLANS FOR STATE OF C01.OMD0 PROTECT LOCATION MAP WATER DEPOT - USR # WELD COUNTY, COLORADO PREPARED FOR: UNITED WATER 8 SANITATION DISTRICT �r E/5T PgEMrYF AYE 9irtE k0 cafEimaoD vslAOf, (MJ on r woa�mmnm,s� PREPARED BY: CIVIL RESIAURCES, L LC mmervtEr GQ aDAw FFDENG. LOesllo mmuremimwxw�ri SET. CERTIFICATION: ir6Br�r Tor rwt NMr(MM mNiMY+[rr MYNt[ApFAr rener•ousn .Aafsnain awwmrq MaecYs MAfq rAdbb If A,f]lo PROPERTY OWNER: M uoeAv>mwro.n¢zRnafrxm.unnu rpM w Hoc¢xiwn� M+wufFMHGA�AMMOfYfI¢fExrFwwlA)¢]flllp KA[d Ts! qt PLANNING COMMISSION: ix36Tf (FArn Tyr M Rib CfYlrrlUrr40py®rHyRltlm.upp¢yMpr sscasoorb sow¢townmvFr-+ercem 2rdm .umf .71,. 4— �6YFMASNAMY WrO[Yf1afOMAfd T6 dr0 WW1 ALbrpMn �lAwlJ(dw411 BOARD OF COUNTY COMMISSIONERS: TMa M QAr�r Mf Mtl4O0 fXI1Mfi fOYOYW.'r10 �YUIrlYA4oAm ¢49 �EA(T mV W wACdr rMMf HLfYtlHl¢Y91rnr.Aw�n n BrttYYAMTA mrtr¢rm u.upwsauarw¢9awpMxd ne qr¢ .,uw. sbw ¢ cnr n msAsuAis r�omArnues. rpM Sofro an.mmsow qIW \ .. urt((s�av*nu[rte� SITE...REV 11111111111111111IIII11I IIII III NIIII III IIIII IIII IIII 209 t 3137261 12/19/2003 03:08P Weld County, CO 1 al 38 R 191.00 0 325.00 Steve Moreno Clerk & Recorder WARRANTY DEED RECORDER'S MEMORANDUM IRS tT)C,1MENT WAS FOUND TO PURNUWo1. THIS WARRANTY DEED is made as of December 18, 2003, between PERKINS LAND & LIVESTOCK, LLC, a Colorado limited liability company ("Grantor"), whose address is 1514 East Main, P.O. Box 267, Unionville, Missouri 63565-0267, and 70 RANCH, L.L.C., a Colorado limited liability company ("Grantee"), whose address is 9145 East Kenyon Avenue, Suite 100, Denver, Colorado 80237-1815. GRANTOR, for and in consideration of the sum of THREE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($3,250,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, has sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its successors and assigns forever, the following real property in the County of Weld, State of Colorado, to wit (the "Property"): See Ex ibis A attached hereto and incorporated herein by reference, together with all improvements, easements and appurtenances thereto belonging or in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Property, including, but not limited to, (1) ail rights Grantor may have in reversions, remainders, rights -of -way, appurtenances, agreements, licenses, tenements and hereditaeeents, appertaining to or otherwise benefiting or used in connection with such real property or the Improvements (as hereinafter defined); (2) all of Grantor's interest, if any, in minerals and mineral rights, oil and gas and oil and gas rights (excepting those mineral rights, if any, previously reserved or otherwise severed by recorded instrument) appurtenant to the Property; and (3) all existing improvements, structures, and fixtures placed, constructed, installed, or located on the Property, and all fences, gates, plants, trees, landscaping, and other appurtenances located upon, over, or under the Property (the "Improvements"). GRANTOR does covenant and agree to and with Grantee to warrant and defend the Property and the quiet and peaceful possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, subject to all real property taxes and assessments for the year in which this deed is dated, and the exceptions to title described on Exhibit 13 attached hereto. Title Data, Ina. LG SKIA.1.622 WE 3137261-2003.001 Illll lilt! 111111111111liii Iii! Illlll M IIUI 1111lilt 3137281 12/19/2003 03:08P Weld County, CO 2 of 30 R 191.00 D 325.00 Steve Monaco Clerk & Recorder THIS WARRANTY DEED is dated as of the day and year first above written. GRANTOR: PERKINS LAND & LIVESTOCK, LLC, a Colorado limited liability company By: ":20areder:V.11...4.;-k Title: STATE OF COLORADO COUNTY OF I_' SS. The for4going instriainent was acknowledged before me this -day of ..Ql9.ALLe/; 2003, by P' DLujd refItt v.5 as piatvae y' of Perkins Land & Livestock, LLC, a Colorado limited liability compy. Witness my hand and official seal. My commission expires; if -O'05 F L-\D1W P1FYV23016\Ctos ing-lanMDeed•3.doc Title Data, Inc. LG aKL11622 WE 3137261-2003.002 Notary Public - 2 - 1111111111111111101!111111111111111111111111111« 3137261 12/1912003 3 of 38 R 191.00 D 325.00 Slave Moreno Clerk & Recorder *SUMMIT A" 1$GAI. DSBCRIRTiOY 770000027 4 NDHR91. Rams 02 WHET O8 TAY 6700 P.N. seetton 3, 1001/4 50 feet Section 1. All a strip of land 100 seat wide, being Section 4, on each aide of center of track of of said SCentra 7 00 Railroad Cowponyin the 001/4 / 0convey., to said company in peed recorded in Books 50 at Page 596. toTIc lNp0207cb 1�R6 3.osa °Yiiuikediii65i11507 oyva ....any by Deed recorded June 12, 2003 as Reception No. 3091313. TOWNSHIP S N0000, Y0200 62 WEST O1 TOO 6•x91 P.N. section ], Nl/1111/2 BeCtion 15. W1/1B1/2. 01/2 SaCtiail 17: All _ .. ... 'Section 18. All Bectien 19, k11 tactics 20, x11 section 21, All Section 22, All Section 31, All Section 33. All T0NNMHIP i NORTH, RaNG0 63 MSST or/ T►00 6TH P.M. section 1. All pp to 0 7 3l�r0i00 THY 5MCeb0sado limiC9dl bil1tynveyo CC The 171 B0004 12. 2003 as Reception No. �yy by dead retordsd '�1i° 707 ]73. BeC0iao 3, .3.L. 6RCaOT a strip of land 100 feet wide, being 50 foot on each aide cantor the N01/4track of aaidl0eccttion 3central Railroad Company12 c an in peed recorded in Book SO et Comaeyed to acid company pogo 586, trip of land 2O0 feet wide on each aide of the censer a line of the center 1d Co of y, as reeerve0 by Unionic Railroad Deed to Warranty peed to the 001/4 26 said gectfotl 3 zacorded A Rook ma it page 51; and _ g110EpT that past o! 11111/4 0! Bald Section 3 conveyed to Roca pork in Ooit 7710100 aeedDz= mot load lkinggand :2441i described ae the[ P ong the Neat aide o! the 0l/2 of eai section formerly laid out as a county road but abandoned ae aacb• 00001 conveyed to Weld County by ByCgpTlpp 7NyZtBpxDN a p dead reocrded Nay Z6, 1996 iA sock 1497 as Reception 2a1061e. that parcel of land as conveyed A1.60 77x7 Inc•, MC, 6 1orado limited liability to The TH Ranch, • e Co c�s�,y by need recorded June 11, 2003 as Aaeeptilm NC, 3072327• Title Data, Inc. LG SKL11622 W6 3137261-2003.003 Section 10, g aeon e 8413. EMBHans x$20.• ea. geti3 ALL, 3000307 shot part of the 001/4001/4 thereof conveyed to the State Oeportecet of 0ighw4ye, Division of Highways, State of Colorado in Special warranty Deed recorded in Book 1215 ac Reception No. 7161552, described es renown, o, neing a0 0 ppoint oa the oast right of way line of Ne Comity AOad 69 (July 19401 from which the Rapt Quarter corner of said Section 10 hears North 24 degrees 04 minutes 40 seconds Beet a diet4AOe of 208.16 0.00: thence North 89 degrees 10 minutes 40 seconds West 44 foot t0 a point on the wept right of way line of Weld County Road 69: theft. South 21 degrees 21 minutes 23 Beeped. Weal 222.37 feet: theeoe South 31 degrees 36 minute, 40 'aconite West 57.28 feet to a point on the Northam.. right of way line of stet. Sighwey 36 July 10401, theucc south 57 daggsees 36 minutes Rast continuing along laid right of waxyy fibs 993.35 feat thence North 10 degreeg 29 minutes 30 seconds West 397.59 feet, pore or leee, t0 the Point of Beginning. A7.A0 =WPM(' TRBRINTION that parcel of land ea conveyed to The 74 Ranch, 7.1.0. a Colorado limited liability company by Deed recorded June 11, 2003 as Reception No. 3oh2323. ALSO nYORPTIN0 T000000OW that portion of 9ectiot 10 conveyed by Deed recorded November 4, 1996 an Reception No. 2651549. �• w `0 7'66 6TE[ P.H. __F,, section 9, .1 section 17. All Section 17. Al2 section 20, 61/9. NM1/4; EXCBPT that portion et the s1/2Sw1/4 thereof conveyed to the Riverside Reservoir and Lend CoetNaay in warrantyy Deed recorded in Hook 401 at Page -. -- 237• described ae lollowq, Beginning.et 1 p01At 200 feet South 07 degreeo 29 cieutehe riht of watat the feeders ditch of The Of �Riereideion 0 of tReservoir, from whence the Northwest corner of said Section 20 bears North 03 degrees 19 minutes West 4402 feat: thence run in an papterly direction along the southern boundary of the right of way of feeder ditch 750 feet to a point on the Southern boundary of said of right of way: thence run due South SSe feet, mono or less, to a point on the North bank of the South Platte River, theme run in a Northwesterly direction along the North bank of the South Platte River to the place of Aactian 21. ee nniay. Section 21, All Section 23, All section 24, All Section 23, All 30001on 27, 01/7, NW1/4, NL/16W1/4, 061/4601/4 Section 34, 41/2. 01/0003/4; and that part of the 00/2301/4 described as follows. Beginning at a point on the North line of the 61.1/4 of Section 34, 1675 feet Beet of the Northwest corner 04 raid S01/4, to a point on the North line of the right of tlamof the oe 8vuthesUnion srl]yyoirlonRailroad NnrthlirCompany: of said right thence Northon&aidlBeet fline towthnNortheast corner of Said sulfa; thence Newt on the North line of said Swi/4 to the Point of Beginfliag. 40030'173 Th000PRON a parcel c0nvey03 to Weld County by de4d roeord.d Nay 20, 1995 in Book 1393 as Reception No. 24400413, ALSO . 00 00Ho 7'RS1tB3500 lhaC p�oare01 of load as canveyod C0o�p oospp byRflood'r000idedCJunea12,12003 to Oec�ptign 00. 3073113. Title Data, Ina. LG SKL11622 WS 3137261_2003.004 111111111011111111111111111111111d 1111111111111111 3137261 R 1912003 03:08? 00 Steve Morino Clerk & Recorder unty, CO 6 0f 38 R 191.00 p 326. Section 35, Section 26; TOWN 02. 11ARnxA; 1SSR@SAGA a parcel conveyed to Nald County by dead rscord84 May 46, 1495 in r 1393 as Reception H4• 4440e40. p to T g •PIWO �Zraom tut iimitedlliabi1itynveya CO 7000 'Try ' 3, 2;03'40 Reception Ho. try peg Dad' recorded June i 3ti/aS1. *00300 that part excluded from Patent from the Ste /!, described the Stets of Colorado in eDOk 134 at Page 118. as fo11P�+s■ o ao.ocing pt•e 0006 133v b3 t5NAorth fOango 303u3t0est of cprpes of Section 26, 4'owas p c thence South 16 degrees 45 minutes east 44 foot, tbuth thence tooth 32 de9reea 32 ;mimites Coot 199 tact, ,._ 57 do• see 19 iaitlutep 3Gsat 197 teat; thence Daub; 73 •egreee '• tie sou. 50 degrees 20 minutes Bast 101 feet► then. Coo.. 17 degrees 50 mioutea ree. 40 minutes zest 441 feet to a point 1007 meet feat of the fBouth art Eeeeaiot de,D74dLaek o o*lon 362 of . a strip on tech side o! abpv4 dnscribed eanterline. A1�D 4*C6P.rryp TAE030HO9 that p■reel of land se conveyed to The T: direch, CLOT a Colorado limited liability ccoosai�any by Deed recorded June 13, 2003 Op Reception No. 1p�x343. 211 of 33ocks 0 and 0, and alt of Late C and DJ WOENM ell �eat d Cestlevacated eA enue hetw000 Olocked aLotn 0 and Lot CoC2 and all ot and 5 and Lot Co and 011 of vacated Davies Avenue south o! Cullen gtreot7 and the 3oo6theaaterly half of paid vacated Davies Avenue between Cullen Street and Rlehthofen Street adjacent to said Lot D. licahle onions of the lands RYCSF11183 from the epP �' described in :aid parcel 1 the following parcels eesr ed to the Colorsde Central Railroad Companyy raooLd La 800i 30 at *age 217, described ae follows; Scott. 17, n the .Sl/41+16114 astrip of land 60 feee9h t wide from the center line of the Colorado Central Railroad on each side 6heeeoE, through the AN1/4 31/4 a strip of land 60 rest in width from the center line aforesaid and on each aide thereof; through the *61/41101/4 • strip of land 60 foot in width free said center line on each side thereof; through the ;1811/400111/4 a 'strip of land 100 fact in width Cram said center line an each eider Alma► the following described tract in Section le, • o.oaliip 4 north, Range 62 0000 through the !71/20001/`, a strip of lend 130 feet wide saaenred from the center line aforesaid and on each side thereof; ]►loo is section 7, Town:hip � Aosth, Range 61 Neat a strip Of land through the 01/2101/4, 150 Leek wide lrwn Raid center line on each aide thereof; ointo in 5e0tion 11, Township 4 North, Range 63 Nest a eaah side lthereat .rough the r theE1/2SE1/tenter lino and on Title Data, Inc. LG SKL11622 WB 3137261-2003.005 Mill! 1111111111111111111111111111111111111111111 IIII 3137261 12/1912023 03:0BP Weld County, CO 6 of 36 6 191.00 O 326.00 SIeve Moreno Clerk & Recorder The following grto aad0301t tion of the center line of the g g at a aint o3 62 Nestt 1396 feete80uth Yeite a No:t�, riaa9 Northeast corners running thence North 81 degrees 30 minutes West 5730 feet to a stater t11:7 North 81 degree,' 19 minute. West 36 feet to a stenci 080030 016305► 00 degrees 38 *33300106 West 100 feet to a stoker thence North 19 degrees 38 minutes West 100 feet to a .tike r theec6 North 78 degrees 38 minutes West 100 feet t0 a stake, thence North 77 degrees 30 minutes Nest 100 feet to a stoke, thence North 96 degrees 38 minutes West 100 feet to a stakes thanCe North 76 degrees 38 minueea Neat 7.00 feet to a ataks30° t 0033203 74 degree. 38 minute. Nest 300 feet to a 0900 stake, thence north 71 degrees 30 minutes West 100 feet to a °taker thence North 72 degrees 38 minutes Neet 100 feet to scats thane* North 71 degrees 38 0inetes Nest 100 feet to a state, type North 70 degrees 31 minutes Neat 100 feet to a steam; thence North 69 degrees 38 minutes Meet 100 feet to a stake, thence North 68 degrees 36 millet 0 Neat 100 feet to a stake, thfsnme 010,090 67- 4*Voce 3B, minutes Wept 100 legit to a bttka; • . thence North 66 degree,' 38 minute. worst 100 feet to a stater thence Werth 65 degree. 38 millet. Neat 100 feet to a e ta., thence North 64 degrees 63 minutes Meat 60 feet to a stake: thence 41 13tie edgeeofethe3platteteS Nest 4962 feet River, which to 1▪ 270 feet West and 768 feet south of the Quarter corner on the West line of Section 7. Township 4 North, Range 42 Nest. Tire line thus described armee. the section and subdivisional lines as follows, via: The North and South center line of Section 17 at point e. 119seleet 0.30 lies tof section 17h of thtat a 1,008t 08.er corner oft tfeet .00t.of the Northwest corner. The North line of Section 18 at a point 313 feet Saet of the quarter corner of said line. The • feet hNorth softthe qh center line of suarter corner on 7 at a point and its section Linn. pp tube gnartesneort�ereonilte7Nestaliast�t 3361 Peaf South of =NV,0300 000 applicable portions of the lends deer NV, is said Parcel Y the faliowing parcels A tract of land ideated in the 01/1 of Sectiion 34, and the ll in Township663Nest, a_of the 6th 0.N.aCount 00 Weld.State sof 9 Colorado, and being more particularly described as follows Calae55cing at the Soot duprt_er Gaines of Section 34 and considering rees00 minutes 36asecondaion east4and with all otherSouth be dig other bearings contained herein being relative therefor Title Data, Inc. LG SKL11622 VT 3137261-2003.006 thence Beuth 00 degs096 00 minutes 36 6000ud3 3006, 36.00 Beet along said Aa.t line to the 'Prue 06000 0f • Seginningi t then* South 66 degrees 09 minute. 00 eeeande Hest, 7;1.00 gem, thence North 63 degrees 01 minute. 00 seconds West, 339.00 Beet; thence South 86 degrees 35 minutes 00 seconds Heat, 86.00 ieetr tbenae Korth 29 degree. 36 minutes 00 seconds Wept, 52.00 feet; thence North 72 degrees 21 minute. 00 seem. Neer, 312.00 feet; geretelMh 7s degree. 26 minutes 00 seconds Went, feet, thence Borth DD degrees 00 minutes DO second. Rest, 310.00 feet), thence north 2/ degree. 47 minutes 00 ...end. West, 60.00 leerry Cheaoe Noth 16 degrees 07 minute. 17 seems. Nest. 70.99 feet, thence North 21 degrees 21 minutes 58 second. Hest, 764.49 feet: thence Worth 84 degree. 44 minutes 34 seconds East, 506.53 lest, thence South degrees 52 minutes 13 aecands Bast, 10{2.77 Eeet to a point an said Bast line Ol section 34; theaee DOath 74 ,000 oos 52 minutes 13 seconds 0066, 31.08 feet,. thence Smith 00 degree. OD minute. 36 second. Nast, 671.39 Leet� thence Routh 86 degrees 69 minutes 00 seconds West, 30.07 feet t0 the True Point of Beginning. ALL OP SOO.7ROT PROPRRPY I0GTBD IN COUNTY 011.0n% STAIN oP COLORADO. Title Data, Inc. LG SWL11622 WE 3137261-2003.007 111111111111 I I II 111111 V III I l l l 1111ld 111111111 I n 1111 3137261 121191200 8 01 38 R 191.00 0 320.00 Stele Moreno Clerk b Recorder ng 10011 A" L.o DESCRIPTION TOWNSHIP 4 NORTH. RANG. 62 WEST OP 1100 pH P•M. Section 3. 30141/4 Section 5, All �� pr a strip of land 100 Lnet Wide, being 50 foot Section 1, All, on sash side o! center o! Crook o! Colorado Cerntra Railtoad Company in the 981/4631/4 0! cold section I as Cotaveyed t0 Seld eOmpaJ+Y � Deed recorded in Hook 50 at p.:1116. ALSO BY.CMIHC '1261100109 that parcel of land as conveyed 0e Teo Ranch, recorded 1000 12,ado 12003ed asl600epti00 N0. 301 313 by 309 313, TOWNSHIP 4 NORTH, RANG$ 62 WEST 08 THR 6TH P.H. Section 3, 01/201/4 Wi/1 Section 15. 811231/3. Section 11. Al 9.01100 la, Alt 9ectior 19. 0.11 Section Z0: All 9ect100 20. 011 Section 29. All geccion 311 421 section 33� All TOWNSHIP 4 man, 01006 63 MST 09 T11E 6TH P.M. Section 1+ 10.50 Imarprnza 1100088600 that parcel of 1900 as conveyed t0 The 111Rands, bead recorded duneado 11.1imited 0 009 00 0aceptien No. c ei•Y 5Y 30?33Z�• SeCticn 3, ALL, EXCEPT a strip Of land 160 feet wide, being 50 feet aide of oentorcof l Railroad company inthe NC1/4ofsaid Section 3Eos1 conveyed to said company in Deed recorded in nook 50 at Page 586, and exam a strip o! land 200 feet wide on each Bide o£ the cantor line of the railroad e£ the Union Pacific Rallsond Company. a0 raearvad by.said OomPan►Y in Wazrsnty Decd to tha 881/4 of said 86Ction 3 recorded in Hook 201 at Page 52; and Roes Parkain Quit claim/e of Deed recorded innHeoconveyed 17asea. cage 433 described as that portion of land lying and being along the oeot 0100 of toad but ahandonedeeieon formerly laid out as Y Y aucb. SXCEPTifg T1IEREPA026! 1996 incSook01493 asaReception No. dead Yeeerded Mdy 2440046, 10001 of land ae conveyed ALSO EXCEPTING THERMOS that p to The TH Rene1, MC. a Colorado limited liability company by Doed recorded June 12, 1001 as Roception No. 3012329• Title Data, Inc. LG 8KL11622 WE 3131261-2003.006 SeCtian 10, ALL. p, g9T that part o€ the N41/4941/4 4vt the,anreof conveyed ea the State oftment of Colorado in Bpeoial Warranty Deed 66000 • rdeHighways, recorded an Book 1915 as Reception No. 2161552. Writ.. an gellowa, Neld Countytooa�o64t(Ju1yh1986)t£rom whiclrithslEa.t Quarter corner of .aid 9.60106 l0 hearntloot 132 doglees p0 tei0utea 40 Recond0 006 6 41:16520 feet pooint ongtheWest r 10 ight of4owayCline ofBeet Weld county Road 69, thence south 31 degrees 21 ,sinute3 2] seconds Weet 93].37 feet, fee. 36 ,oinutet 4D seconds wank 57.60 !her: SOutb 61 deg lEet tO a paint on the Northwes0 right a! way line of state aighway 26 (July 1986), theACt South S7 d 11nua993.45nLeaC�saat Continuing along teed right of wsY thence North 10 egreee 99 viilAutes 30 .ecnnda West 2.00 feet, TARRB➢IRA�M that pto arcelint of of land asconveyed o30 a 711 to p20 ' Ran., recorded 2260a12,12003ea. Reception No. 311113I.by 0 00393- hy,gD �(CSPTING '1i1SRBFROH that portion o! Beotion 1 66290500 by Deed recorded NWember 4, 1498 as Reception NO. 265154). ToWN9002 S NORTH, Woe 63 9005 OF THE 6TH P.N. section 9' BeCtiOn 19: Section 17$ Section 2D: All A13. 011 31/7. NN1/4; EXCEPT that portion or the .1/34.1/4 thereof oenveysd to the Riverside Reservoir and Land Many in Warranty Deed recorded in Bonk 401 at Page 937. described ae follows, peginning at a point 200 feet South 97 degrees 25 minutes sent of Station D of the right of way of the NNorthwestditch corner of 0059 0ectiona20ybear. !forth om 03ea the degrees 19 nitrite; West 4492 feat: thence run in an Ratterly direction along the southern boundary of the right of way of feeder ditch r750 fof feetto a point an the southern boundaryof said of =nee sun titre South 55D feet. more or lee., to a point on the North bank of the south Platte River, bank of in a PlattetRiverdirection Placenofthe North beginning. Section 21. All section 22. All Section x3All Section tai All Section 25. All SOCticn 27. 01/2, NN1/4, D11/50W1/4, 0.1/48.1/4 section 341 it/Z. 01/2NN114, and that part of the .1/2461/4 described ae follow., rth lino of he SW1/4 of sectionn363, 2411 feet East eofothe Northwest corner QC ,,aid 901/4, to a point on the North line of the right 6 way of ehe Union 6.1£10 Railroad Gbmpany, thanae southeasterly 91ong said North line of said 65ght DE uay to the East lline of .aid SWi/4; thence North on Gait! Beat line co the wortheset corner 0f said 001/4: thence west on the North line of said Sw1/4 to the Point oL 8eginning. EXCSPTINO Rf(LRGPROM a parcel conveyed co Weld Connty by 11::.::corded May 96, 1995 in Book 1493 at Reception No. ALSO 8. tto�The TO RsnoTWERDP2014 that k. ALLE, land se company by Deed racorden alma 11, 0003 ae Reception No. 3072323. Title Data, Ina. LG SEL11622 .B 3137261-2003.009 1111111 11111 II111111111111111)III 111111 111 11111 III fill 3137261 12/16/2003 03:00P Weld County, CO 10 of 38 R 191.00 D 326.00 Steve Moreno Clerk do Recorder section 35, �CNPTINO 'orooR0ROM a parcel caawyed to Weld Mull), by deed recorded Rey 21, 1090 in look 1493 d9 Reception N0. 40 30 0e . t. gXCr... 3110002000 that parcel of land as t°nveynd t0 760 10 RoAch, A1ol, a Colorado limited liability by Dead reco1rded June l2, 3003 as Reception No. 300/'41 Section 361 the 0102$ 5Color' Colorado pent e132u21 2a 1mlii�edeeer bed the Bt8t4 0! Colotmdo iA 8o°k 1 8 Re iellowAl Co�aencing at•R point 1337efeet hip SNorth fRthe Sou61 thwest Oe t e . of Section 36. Town 060 5th 2.0.0 thanes South 26 degrees 45 hinutes east 1,;91::.;, thence relt 33 degree: 32 miauto. acct .,..,..... cn„rh 53 daozeea 19 tainucwp east 193 teat, thence 9auhh 72 degree! 49 rolnutes 200thence South SO 1 200 zcw, ree. ao minutes seat 101 feet, thence South 2. degrees 40 minutes Seat 503 test, thence South 17 degrees 50 minute. east 441 feet to a point 10:Mtg. 7 Lack Saat of the Southwest corder of Bald Section 1st bain9 a strip of land 150 Feet wide, 75 tees oe seen Bids of sb'ove described centerline. A190 itXCEPTINO TRIPSPROM Chat parcel of land ae conveyed to Tee 'TS lieiich, xtc: a Colorado limited liability cosgany by beryl recorded Jun. 12. 2003 as Reception No. 3073333. TOWN 0p: All of Slack. 4 and 5, and all of Lots C and D; HARDIN. 003211001 HITS all of the vacated alley between Block. 4 and 5 and Lot Cr and ■11 of yenned carrels Avenue between Senate 4 end 5 and Lot C; and all of vacated Davie. Avenue South tf Cullen Street, tired the Southeasterly hat1 of said veoeted Davies Avenue lAtrIn Cullen !threat and Rlehthaen Street adjRCw7at to Bald Lot D. 1X13'4170 from the applicable portions of the lands described in .aid Parcel 1 the following parcel. omv0cyyad t0 the rolorado Gritral RaiSYOad Comparey recosdad 1r, Book 3D Lc Aage 337, desoribed ne fallow:, In $action 17, Township 4 North, Range 61 Sleet through the 801/4981/4 • strip of land 60 feet wide from the center line of the Colored° Central Railroad on each aids thereof, through the NN1/4NR0/0 a strip If land 60 fent in width from the center line otoreaaid and on with side there0fr through the 911/41141/4 a strip o! land 60 feet in width from said center line on each aide thereof; through the 9161/4991/4 a strip of land 100 feat in width from said center line on each aids, Also, the following deetribad truth in Section 1B, 'l�owrlDhip 4 north, Range 67 Nest througgh the 161/2NB1/4r a. strip of lend 13D test wide measus4d from the center line aforesaid and nn each side thereof, Mao in Section 7, Township 4 North, Range 67 Neat a strip of land through the N1/2SN1/4, 150 cent wide from said center line on each side thereof; Also in Section 12, Township 4 North, Range 63 Neer a strip QC land 150 fest wide from said center lino and on aeon side thereof through the S1/2SE1/4. Title Data, Inc. LG SKL11622 WE 3137263-2003.010 111111111111111111111111111111111111111111111111 3137201 12(1912003 03:88P Wald County, CO 11 of 38 R 191.00 0 325.00 Stew Moreno Clerk Recorder The fallout, ie a description of the center line of the Colorado centrel Beginning eta point on the Bast line of Section 17, Trip 4 North, Range 62 Neat, 1396 feet South of its Northeast corner; running thence North e1 degrees 30 minute,' West 5730 feet Co a atsket thence ttortb 81 degrees 19 minutes Veit 36 feet to a ttekar thence North aD degrees 38 minute. Wear 100 feet to a etake, thence North 79 degree. 38 minutes West 100 feet to a stake, thee. North 79 degree,' ae minutes West 160 feet tQ a stake, thence North 77 degrees 30 minutes Kest I00 feet to a stoke; the.= North 76 degree. 38 minute& Wept 100 feet to a stake; thanes North 78 degrees 36 minutes Waist 100 feet to a stake: thence North 74 degrees 38 remotes Neat 100 feet to a .taker thence North 73 dagreee 38 minetep West 100 feet to e stakaJ thence North 72 degrees 38 minutes Weet 100 feet to a teicar thence North 71 degrnep 30 millet. Nest 100 feet to a stake; thence North 70 degrees 38 minute& West 100 feet to a etake; thence North 69 degrees 38 minutes West 100 feet to a stake, thence North 6B degree. 38 minutes Went 100 feet to a striae, theara Worth 67 -.degrees 38. minute. wept too feet to a Bottle; thence North 66 degrees 3B minutes Waist 100 feet to a atake, theses Werth 65 degrees 38 n:inuts. West 100 505. to a soaker thence North 64 degrees 53 minutes West SO feet to a stoke, thencstakeeNorth 60 Itt the edge eofethe es lPlatte 0 tRiver,es t 0960 feet t which stake its 27eet at onthe Best lino nof7Section 7, Township G. feet South of c4 North,; Range r 61 West• The line thee described orosen. the section and 0ublt0100onal linen es 1011006, vas, The North and South center line of Eleatic, 17 at point 1041 logic South of the quarter corner 00 its north line. The We.t line oe Section 17 at a point Old feet South of the Northwest corner. The North ine OfrSection 18 8fat a point 313 feet salt of the quarter ins Worth thwoorthsoftther thetpterter a rnereoniita7settionoint line. The Nast line cornerfSeCtiin 7Wat aline. pint 1361 feet booth of 06011660 Irom the applicable portions o6 the land. da&Cribed is said Parcel "_ the �011o01ag p6rcel, etrect oland lse 0110or800603aSection 03S, ell is Tow66hip5North, flange 63 Neat of the 6th P.M., Coolly of Wold. State 6£ aoloxado, end 00109 more particularly described ae follo0a, Comoneing at the teat QUerter corner of 8600100 34 cad considering the Dept line of said section 34 to bear South DO degree. 00 minutes 36 eecondeteand with all other bearings contained herein being relative Title Data, Inc. LG 8KL11622 Wf 3137261-2003.011 cheats Routh 00 degree. 00 minutes 76 eecoads Ease. 36.00 legit along said Aaet lino ea the True Point of Beginnsiaing; thnnc� ,th s6 degrees 09 minuses 00 seconds west, 911.00 feet; thence North 63 degrees 01 minutes 00 seconds West, thence feet; thence Routh 86 degree. 35 minutes 00 eeconda wet, 06.00 tent; thence North 29 degrees 75 minutes 00 seconds west, 62.00 feet; thence North 72 degrees 23 minute. 00 seconds Weet, 112.00 rest: thence North 79 degrees 26 minutes 00 Oeconde West, 99.00 feet; ,heats North 00 degrees 00 minutes 00 0060040 East, 316.00 feet; thence North As' degree. 47 minutes eo seconds west, 80.00 feet, thence North 16 degrees 07 minutes' 17 second. West, 70.99 feet; thence North 28 degree. 20 minute. 50 second. West, 264.49 feet; thence North 84 degrees 44 minutes 34 seconds sass. 606.83 feet; thence South 74 degree. 32 minutes 13 second. Sleet, 1042.77 feet to a point an said Eaek line of section thence 004th 74 degrees 52 minutes 13 000000. 0100, 31.00 feet; 0henoe South 00 degree. 00 minute. 36 seto0d0 0001, 651.18 £set; thence South 06 degrees 09 minutes 00 second. West, 30.07 fast to the True Point o£ Beginning. 340 ALL OP 0187207 PROPEIVIII LOCATED IN COMM OP WELD, STATE OP COLORADO. Title Data, Inc. iG SKL11622 WE 3137261-2003.012 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0030, FOR RESOURCE DEVELOPMENT FACILITIES, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT - 70 RANCH, LLC, CIO UNITED WATER AND SANITATION DISTRICT 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 4th day of September, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of 70 Ranch, LLC, c/o United Water and Sanitation District, 8301 East Prentice Avenue, Suite 100, Greenwood Village, CO 80111, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0030, for Resource Development Facilities, including an Oil and Gas Support and Service Facility (water depot) in the A (Agricultural) Zone District, on the following described real estate. being more particularly described as follows: All blocks, aka Lots C and D adjacent Davies Avenue and adjacent Alley -- LI to L9, block 5 and adjacent Castle Avenue and adjacent Alley — L1 to L15, block 4 and adjacent Castle Avenue and adjacent Davies Avenue and adjacent Alley; being part of Section 34, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, at the recommendation of Planning Services staff, the Board deemed it advisable to continue the matter to September 18, 2013; due to a Planning Commission continuance, and WHEREAS, at said hearing on September 18, 2013, the applicant was represented by Drew Damiano, 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 CS' Pt, Obi FJkpt t°lI"1 2013-2589 PL2238 A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." 2) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." 3) Section 22-2-80.D (I.Goal 4) states: "All new industrial development should pay its own way." a) I.Policy 4.1 states: "New development should pay for the additional costs associated with those services directly impacted by the new industrial development." The proposed facility is located approximately 500 feet from the nearest residence to the northwest of the site. All of the nearest residences are located to the northeast of the site. There are a number of Conditions of Approval and Development Standards to mitigate and minimize the impacts of the facility. The Department of Planning Services is requiring a Lighting Plan; the Department of Environmental Health is requiring a Development Standard that requires the applicant to adhere to the non -specified noise standard (55 decibels from 7:00 AM to 9:00 PM and 50 decibels from 9:00 PM to 7:00 AM), and an Off -site Road Maintenance and Improvements Agreement is being required by the Department of Public Works to address road maintenance, road damage caused by the operation and road improvements. B. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A of the Weld County Code allows Mineral Resource Development Facilities, including an Oil and Gas Support and Service Facility (water depots) as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located approximately 500 feet from the nearest residence to the northwest of the site. All of the nearest residences are located to the northeast of the site. County Road (CR) 50 accesses CR 380 to the east of the proposed water depot and CR 380/CR 69 access onto State Highway 34, approximately two (2) miles from the site. There is one (1) single family residence located approximately 1.5 miles to the east of the water depot site off of CR 69. There are a number of Conditions of Approval and Development Standards to mitigate and minimize the 2013-2589 PL2238 impacts of the facility. The Department of Planning Services is requiring a Lighting Plan; the Department of Environmental Health is requiring a Development Standard that requires the applicant to adhere to the non -specified noise standard (55 decibels from 7:00 AM to 9:00 PM and 50 decibels from 9:00 PM to 7:00 AM), and an Off -site Road Maintenance and Improvements Agreement is being required by the Department of Public Works to address road maintenance, road damage caused by the operation and road improvements. D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipatities. The proposed facility is located on an undeveloped parcel within a platted townsite (Townsite of Hardin). The site is not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement (IGA) Area of a municipality. E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed USR property designated as "Other" according to the Prime and Important Farmlands Map of Weld and Larimer Counties. 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 attached Conditions of Approval and Development Standards are adequate to ensure 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 70 Ranch, LLC, Go United Water and Sanitation District, for a Site Specific Development Plan and Use by Special Review Permit, USR13-0030, for Resource Development Facilities, including an Oil and Gas Support and Service Facility (water depot) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: Prior to recording the plat: A. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that a well has been appropriately permitted for the proposed use. B. Submit an Access Permit Application for the two (2) proposed accesses to the site. 2013-2589 PL2238 SPECIAL REVIEW PERMIT (USR13-0030) - 70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT PAGE 4 C. An Improvements and Road Maintenance Agreement is required for this site. The triggers for off -site roadway improvements agreed to by the applicant in the application will be included in the agreement. D. The applicant shall submit a Dust Abatement Plan, detailing on -site dust control measures, for review and approval, to the Environmental Health Services division of the Weld County Department of Public Health and Environment. E. The applicant shall submit a revised 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 -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 -site. 3) The waste handler and facility where the waste will be disposed of (including the facility name, address, and phone number). F. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. G. The applicant shall submit a reclamation plan detailing how the site will be reclaimed in the event the use is abandoned. H. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR13-0030. 2) The attached Development Standards. 3) The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) CR 380 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. There is currently 60 -feet of right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. 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. These roads are maintained by Weld County. 2013-2589 PL2238 SPECIAL REVIEW PERMIT (USR13-0030) - 70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT PAGE 5 5) Show and label the approved access points on the Plat (will be provided). 6) Label the floodplain on the plat with the FEMA (Federal Emergency Management Agency) Flood Zone and FEMA Map Panel Number. 7) Delineate the approved Lighting Plan. I. The applicant shall attempt to address any requirements that CDOT may have regarding impacts to U.S. Highway 34. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld County Department of Planning Services for preliminary approval. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dvf, 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. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or until/if an early release of building permit agreement is approved. 2013-2589 PL2238 SPECIAL REVIEW PERMIT (USR13-0030) - 70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of September, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD Y, COLORADO ATTEST: Ate_• "*�'� ,,l �° lam F. Garcia, Chair Weld County Clerk to the Board AP Date of signatureOCT 0 9 2013 u a Radema char, elpii-TemCkr_ P. Conway ounty Attorney arbara Kirkme -r 2013-2589 PL2238 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT USR13-0030 1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0030, is for Mineral Resource Development Facilities, including an Oil and Gas Support and Service Facility (water depot) in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation shall be 24 hours a day, 365 days a year. 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 the approved Waste Handling Plan, at all times. 7. 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. 8. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone, as delineated in Section 14-9-30 of the Weld County Code. 9. 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 the site for less than two (2) consecutive hours a day, portable toilets 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. 10. The fresh water storage and loading system shall be operated in a manner to minimize spills. Fresh water spills should be captured in above -ground containment areas for reuse or allowed to infiltrate. There shall be no discharge from this process to surface waters or through the facility's stormwater management system, in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. 2013-2589 PL2238 DEVELOPMENT STANDARDS (USR13-0030) - 70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT PAGE 2 11. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 12. 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. 13. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. 14. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, 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. 15. The historical flow patterns and runoff amounts will be maintained on the site. 16. There shall be no parking or staging of vehicles on County Road (CR) 380. 17. The maximum number of proposed trucks utilizing the site is 75 roundtrips per day. If the number of trucks exceeds this maximum, the Improvements and Road Maintenance Agreement may be revised and additional improvements may be required to mitigate the additional impact to the haul route. 18. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Parcel #096534304028 may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain, as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #080266 0800C dated September 28, 1982, 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. 19. Flood hazard development permits will be required for development activities located within the FEMA mapped South Platte River Floodplain. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 20. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 21. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 2013-2589 PL2238 DEVELOPMENT STANDARDS (USR13-0030) - 70 RANCH, LLC, C/O UNITED WATER AND SANITATION DISTRICT PAGE 3 22. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 23. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 24. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 25. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 26. The Use by Special Review area shall be limited to the plans shown hereon and govemed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 28. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. 2013-2589 PL2238 Hello