The URL can be used to link to this page

Browse Search

Home My WebLink About20240580.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0032, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION #2014-2867, DATED SEPTEMBER 24, 2014 - DAVID BASHOR 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 24, 2014, the Board approved the application of David Bashor, 9075 County Road 10, Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0032, for a Mineral Resource Development Facility, 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: N1/2 SE1/4 of Section 17, Township 10 North, Range 61 West of the 6th P.M., Weld County, Colorado WHEREAS, on March 6, 2024, the Board was presented with an email, dated January 12, 2024, from the applicant's representative, Sheri Lockman, Lockman Land Consulting, LLC, 36509 County Road 41, Eaton, Colorado 80615, requesting the withdrawal of the application, stating the water depot was never built, 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 #2014-2867, dated September 24, 2014. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of David Bashor to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR14-0032, for a Mineral Resource Development Facility, 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 #2014-2867, dated September 24, 2014, be, and hereby is, rescinded. GC: pL(-rP/FR/HN/cG), ASR (SG) APPL- oL-I/o5 /2k-{ 2024-0580 PL2288 WITHDRAW USR14-0032 AND RESCIND RESOLUTION #2014-2867 - DAVID BASHOR 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 COUNTY RADO ATTEST: W.42:44) Weld County Clerk to the Board BY: Date of signature: TK tiva �k Deputy Clerk to the Board ounty Atrney 3113( Z4 C.__ C . Kevir.oss, Chair Mike Faeeman Perry L. Bu Scott'K. James aine 2574-INA.. 2024-0580 PL2288 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: From: Cc: Chris Gathman, Planner III Board of County Commissioners Tom Parko, Department of Planning Services Subject: USR14-0032 - Consider rescission of conditionally approved permit Hearing Date: March 6, 2024 Owner David Bashor Legal Description: N2 and SE4 of Section 17, T10N, R61W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 89 and approximately 3 miles north of County Road 110. Parcel Number 0291-17-0-00-009 Parcel Size: +/- 471 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 USR14-0032. Use by Special Review permit # USR14-0032 (A Site -Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility 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 24, 2014 (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 12, 2024, from Ms. Sheri Lockman who was the applicants representative stating that the water depot was not built (Exhibit C). Additionally, planning staff conducted a site inspection and verified that the water depot does not exist. 2024-0580 O3/O(9 PLr a a ga- Based on the correspondence received from the owner, Planning Staff recommends that the Board of County Commissioners rescind Use by Special Review Permit No. USR14- 0032. Exhibits: A: Signed BOCC Resolution B: Email to owner dated January 11, 2024 C: Email from owner to staff dated January 12, 2024 D: Vicinity Map E: Draft USR Map From: To: Subject: Date: Attachments: sherilockman©what-wire.com Tom Parko Jr Re: USR14-0032 Friday, January 12, 2024 8:26:15 AM 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 if I remember correctly the applicant decided not to go forward. I am no longer involved and will not be able to help you to resolve the case. Best wishes, Sheri On Thu, 11 Jan 2024 22:12:31 +0000, Tom Parko Jr <tparko@weld.gov>wrote: Sheri, 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 USR14-0032. Please see attached Resolution. This case was conditionally approved by the Board of County Commissioners on September 24, 2014 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 cgathman@weld.gov. If the business 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 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 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 o► may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION USE BY SPL CIA',_ RFV EW -- TOR . '3ASH;;.R '_OAocOr SI _ OCA"r ) NFY< OF THE NER6�N OF rH,[ Er�i COON iN OF w�!) STA iE Of COLORADO _0' PAN 1 OF TRAFFIC AD SIGNAGE PLAN ENTRANCE ONLY EXIT ONLY INC Me= OUM ClFJ1N i�rt�11� 4+1 ONE WAY 1— MelefL DIIOCKe TeaKADfD De fOTN NDfB efroef ►o�aeD g Certificate of Conveyance State of Colorado ) County of Weld ) Weld County Department of Fleecing Services STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The North 1/2 and the Southeast % of Section 17, Township 10 North, Range 61 West of the 6' P.M. CONVEYANCES (if none appear, so state): Reception No.: 951541 Reception No.: 1318897 Reception No.: 1346951 Reception No.: 1407780 Reception No.: 1662858 Reception No.: Reception No.: Book: Book: Book: Book: Book: Book: Book: This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Tide or an opinion of Tide, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 20th day of May, A.D., 2014, at 7:45 urn, STEWART TITLE OF COLORADO BY: Authorized Signature toox. ,)4 PA61509 19 DC4 18.58 c 3 sv i�-� oinrk M i1EC'14195�1 • 0p- �OOOi� 'p O'I Cw PASS rat etheeainn ----.Ann $dvner Rocado p ♦ t-� y @UIT-Ci:A7M' DEED _Mn Sowxer. Rwea+d�s I THIS DEED; Made this ---- 14th ---- day of July , A t in the year of our Lord one thbusend nine hundred and.fifty-nine between WII.LIAM.LESTER BASB0R,,a1eo known as LESTER BASR0R and W. L. BASH0R;.WILLIAM CLYDE BASH0R, also known as WILLIAM C. BASHOR;,DAVID LESLIE BASH0R,. also known he DAVID L. . SASH0S; and CLINTON NEIL BASH0R, also known as CLINTON N. BASH0R, Hof the County of Weld, and the State of Colorado, of the .first part, and ---- WILLIAM LESTER BASH0R &S0NS, INC., A Colorado Corporation, ' of the County•of Weld, end the State of Colorado, of the second part; NITNES2ETH, That the parties vf.the first part, for and in consideration of ithe sign of ---- Other good and valuable consideration and Ten Dollars, --- to the said parties of the first part'in band paid by the. said party of the second past, the receipt whereof is hereby confessed and acknowledged, have re- mised, released, sold, conveyed and WIT CLAIMED, and by these.presents do remise, release, sell, ooavey and QUIT CLAIM unto the said party•of the second pert, its successors and assigns forever, all the right, title, interest, claim and demand which the said parties of the first part. have in and to the following described real estate situate, lying and being in the County of WELD and State of Colorado, to -wit: . •• •• • 1 w The 9E4; Lots 1, 2, 3, 4 end the Si of the NWu; the Si of the NE,1, of Ssttion 5, Township 9 , north, Range 61 West of the 6th P.M. The Si of Section 10, Township 9 North, Range 61 West of the 6th P.M. All of Section 15, Township 9 North, Range 61 West of the 6th P.M. The W4• the SE}, of Section 16, Township 9 North, Range 61 West of the 6th P.M. The NEy3 of Section 20, Township 9 North, Range 61 West of the 6th P.M. The E} and the NW4 of Section 21, Township 9 North, Range 61 West of the 6th P.M. The SW4 of Section 22, Township 9 North, Range 61 West of the 6th P.H. All of Section 7, Township 10 North, Range 61 West of the 6th P.M. The E• of the Hi of Section 8, Township 10 North, Range 61 West of the 6th P.M. The 1114 and all that part of the 1E4 lying West and South of the Colorado & Wyoming Railroad right of way of Section 9, Township 10 North, Range 61 West of the 6th P.M. That part of the W.4 lying West of the right of way of the C. B. & Q. Railroad of Section 15, Township 10 North, Range 61 West of the 6th P.M. The NE4 of Section 17, Township 10 North, Range 61 Wast of the 6th P.M. The 19 ill the Si of the SE4 of Section 18, Township 10 North, Range 61 West of the 6th P,M. The E1 of Section 19, Township 10 North, Range 61 West of the 6th P.M. The NW4 of section 20, Township 10 North, Range 61 West of the 6th P.M. The E1 and the 5014 of Section 21, Township 10 North, Range 61 West of the 6th P.H. The Si; part of the NWt, of the NE4 lying South and west of the C, B. & Q. Railroad; the .W4• of Section 22, Township 10 North, Range 61 West of the 6th P.M. Part of the NW4 lying South and West of the C. B. & Q. Railroad right of way and the SW,;, of Section 26, Township 10 North, Range 61 West of the 6th P.M. 'Zee E4 and the NW9 of Section 27, Township 10 North, Range 61 West of the 6th P.M. All of Section 28, Township 10 North, Range 61 West of the 6th P.M, The Ni of the NE9, and the 5E4 of the N0} of Section 29, Township 10 North, Range 61 West o£ the 6th P.M. The NE44 of Section 30, Township 10 North, Range 61 West of the 6th P,M. The Si of the NW4i the SW,}, and Si of the NE4 of.Section 32, Township 10 North, Range 61 West of the 6th P.M. The SW4 and the Si of the 904 of Section 33, Township. 10 North, Range 61 West of the 6th P.M. The Ni of Section 34, Township 10 North, Range 61 West of the 6th P.M. The Wi, the N4• NE 4, and the Si See of Section 13, Township 10 North, Range 62 West of the 6th P.M; the NE4 and N NW4of Section 24, Township 10 North, Range 62 West of the 6th P.M. NE,1, of Section 25, Township 10 North, Range 62 West of the 6th P.M. The Wi of the NW4 and the W4 of the SW1• of Section 1, the Ey- of the NEy and the E4• of the ' SEy of Section 2, the NWr„ the E'i• of the swt and the Wz of the SE4 of seetion 12, the Wz of the NE4 and the Ei of the NW} of Section 13, all in Township 9 North, Range 62 West of the 6th P.M. The SWu of Section 27, Township 10 North, Range 61 West of the 6th P.M. The Ni of the SE of Section 18, Township 10 North, Range 61 West of the 6th P.M. The Wy of the NE and the NW4 of Section 12, Township 10 North, Range 62 West of the 6th P.M. VrX17sgie Bashor, al o known as 6 547 X132 (0061546 MEMO To Have and'fb Hold the •same, together with all and singular the appur- tenances and privileges thereunto belonging or -in anywise. thereunto appertain- ing, and all the estate, right, title, interest. and claim whatsoever, of the said parties of the first part, either in law or equity, to•the only proper use, benefit and behoof of the aaid'party'of the' -second part, its successors. and assigns forever. • It WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seaW the day and year first above written. 4'igaterBnahor,a1aoie000na (Seal) (Seal) Lester Basher, and also known as (Seal) (Seal) W. L. Basher ,lyde B , also known as (Seal) William C, Basher } (Seal) (Seal) David L. Basher Clinton ' h J' (Seal) Clinton eil Bas or, also known as (Seal) Minton N. Basher STATE OF COLORADO, ) )ss. COUNTY or max. ) The foregoing instrument was acknowledged before as this 14th day of July, A. D. 1959, by William Lester Basher, also known as Lester Basher undid. L. Bashor; William Clyde Basher, also known as William C. Basher; David Leslie Basher, also known as David L. Bashor; and Clinton Neil Basher, also known as Clinton N. Basher. Witness my Band and Official Seal. • FfyComm gsioa Expires; April 22, 1962. • (Re-recorded only to show acknowledgment Notary Foblic B0011576 ��c€128 JAN 251961 ate—%-¢,rl r�u Reception No. �t ��a�i1� 4.1 SVr1t71 Recorder. %frig .P Pi Made ehrs --- 1500 day of December in the year of our Lard one thoasa¢d nine hundred sad sixty ----, between LENA GIESEEING;; RUTH HOLBERT, formerly RUTH GIESERING; HELEN PEARCE, GRACE HASSLE!, formerly GRACE GIESEKTEG, fit _ f • of the `---- " County of Effingham Illinois , $ , and State of%ttQOfl01$OS of the Fsst part, sad ' WILLIAM LESTER BASHOR dr SONS, INC., a Colorado Corporation, the Cove, of Weld , and State of Colorado, of the second part: WITNESSETE, That the said parties of the Fvst.parp for and i¢ consideration of the sum of Other good and valuable consideration and Ten DOLLARS, to the said patties of the Ent part in nand paid by the said party of the second part, the reeelpt whereof rs hereby conhssed and ackootdged, have graotsd, bargained, maid and coaveyrd, and by rata: ey instiltss do ---- tpa¢4 bargain, sell, mnvey and maGrm tmto the said party of the stetted part, ilea/ eEa aO�T3us, forever. all the following described lot or parcel of land, situate, lying and being )o the County of Weld and,5tete of Colorado„ trot.: The Southeast Quarter (SE}) of Section Seventeen (17) and the North- west Quarter (W) of Section Twenty-one (21), Township Ten (10) North, Range Sixty-one (61) West of the Sixth Principal Meridian, excepting and reserving an undivided one-half of all oil, gas and other minerals in or tender same. TOGETHER with all and singular the hereditament; and appurtenances thereunto'Mousing, or is any- wise appertaining, and the cavemen and reversions, remainder and remainders, rents. issues and profits tunnel; and all the estate, right, title, interest, claim and demand whauoever of the said part lea of the first part either in taw - or equity, of, in and to the shore bargained premises, with the hcruditamcnts and appunenaaces. TO HAVE AND TO kfOLD the said remises above bargained and described, with appurtenances, unto �ttcceasor the said party of the beeped part, its / Wm aetraasiges forerrr. :ltd tltc said parties of the first part, Far themselves,t/CzIuirs, executors and administrators do covenant. grant, bargain and agree to and with the said art of the second an, St! Ce'Ll' P., y flan. its / smog and assigns, that at the time of the en - sealing end del.,- of these presents they are well seized of the premises above tooeyed, as of good, sere, per - feet, absolute mod indefeasible estate of inheritance, m her, its and have good right, full power and htrfai suthodty to grant bargain, sell sad convey the same in manner sad form aforesaid, and that the same arc fr. and clear from all former and other greats, bargains, sales, liens, gores. assessments and iocumbnaees of whatever and the above successors premises, in the quiet and peaceable possession of the said party of the second part,its g2gkgand assigns, against art and every penes' or persons lawfully claiming or to claim the whole or am part thereof, the said parties of the first part abaft and will WARRANT AND FOREVER DEFEND. IN WITNESS W IEREOF, The said port ies of the first part Kaye hereunto aM their ltam.aud seals t�,¢ day and year first,'tbuve w'ritltp. , Lens Gieseking I ,r,. .�^`•J 'ltuf�Ii'"Hy}�iert,tfotiufe)tTy . t`"ce�6sget a tmerZY — • - liutli Gxeseki�g" s1 (SEAk de -- `.__....(SEAT) Grace Gieseking• - � He e1 n Pearce STATE OF�' "E.s nt� }ss. The foregoing insuaseat was a/dtn/owledgcd before me this —� _ day of • f$ em. 11 __r? �r.s"yL 196 f, by _be) ii_Cii aksr., nth.nib..., NQA%ry• formerly Ruth Gieseking: Helenaga SaratE F(Aae�ey,�Rrmvr)y 1YiR yy3� ttQ„lfiOffidal Seal. Grace Gie'seking. • itfi•. inLi'i�•.gpires _ lCr�c � ' rr!J•?/x_ Q ie- �r' toUttt• Notary Public WARRANTY DEED —McVey Printery, Greeley, Colorado O' .BQ5K1646 PAGE 42 9439 7 —. 5963 Recorded Reeepden Ne. 1407780 at (!~�o4lark Al.f SNYmfft Recorder. m3`A peer blade thin let dap 5 year of oar Lord one Untamed nine hundred and 9ixty'threg�raa May lathe MABEL HELENA BRENING of the Cowry of Weld , and State o[ Colorado, of the first part, and WILLIAM LESTER RASHOR & SONS, INC. of the Conn. of Weld , and State of Colorado, of the second part: wrrxEssEnt. That Ma said party of the first pert, for and fn eonslderatlen of the mm. of other valuable considerations and Ten ($10.00) - DOLLARS, to the said party of the first part fa hand paid by the said part ies of the second part, the receipt whereof is hereby eoafeesed end erlmnwledged, ha 8 granted, bargaiaad, sold and conveyed, and by these preaeata do e9 grant, bdrgaio, ail, convey and confirm -onto the said part its al the second part. theirbti c and assigns, forayer, ail the following deeeribed lot or parcel of land, situate, lying and befog in the County of Weid and State of Colorado, to-wh: Northeast Quarter (NFU)of Section Eighteen (16); Northwest Quarter (NWj) of Section Seventeen (17); Whet Half of the East Half (WkEi) of Section Eight (8); Southeast Quarter (SEA) of Section Five (5), .all in"Township Ten (10) North, Range Sixty-one (61) -West of the Sixth Principal Meridian; Excepting and reserving unto the Grantor an undivided one-half of all oil, gas and other minerals now owned by Grantor; TOGETHER with all and singular the hereditaments and appurtenances thrrenuto belonging, or, le any- wise appertaioing, and the "reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part either in law ru equity, of. in and to the shove hargaised preroisea, with rho hercditameats and appurtenseces. To .PIAN L4D TO HOLD the said prmnlses above hargntned and deseribcd, with appurtenances, veto the said parties of the snood path their heir. and assign. forever. And the mid perry of the first part, far herself, her heir, wanton sad administrators, does covenant. grant, bargain and agree to sod with the said partied, of the second part, their heirs and assigns, that at the time of the co - sealing and delivery of the, preseatsehe is sell seized of the premises above weveyed, not good; sure, per- fect, absolute and Indefeasible estate of inheritance, is law. is tee slot,. and 11. 9 good right full power sad lawful antherity to grant, bareuia, ee11 and convey the same in manner and form aforesaid, and that the same are free and clear from all former and otker grants, bargaiae; sales; liens, taxes, msesements and iacumbranaes of whatever kind or wince waver: and the above premises, ht the quiet and peaceable posseasioo of the said part left of the second part, their hew and usisne, against all and every person or prisms lawfully etato lag or to claim the whole or nay part thereof, the said party of 14 first part shall and will WARRANT AND FOREVER DEFEND. IN WITNeo WHEREOF, Tha said party of the first part has hereunto set her ...ad oral the day pod year first above written. Signed, Sealed and Delivered in the Presence of ____..� _ . • Mabel Helena Brent g (SEAL) STATE oF.COLoiEono, lss. The foregoing instrument was acknowledged before me this .� s_._.._ day of Coµn of.'4Ycld__ J Me .9 ___MAB01 HELENA BRENING. - with,. IMy Hand andOtifeial Seal. Janus 12442-§6 8t hay --._�r__.`f.�CL_.• ..• • PubuG __ WARRANTY DEILD—McVey Printerp, Greeley, Colorado t,t t70 941. m., JUN -16 1975 • 12ecaptitm Nub 166285s--. , 5. I it SfiE ifE'7R ✓ W. �d to�l� o�S-nsr�Tn a'Colo`r'�do�r��_ ation organized and existing .under and by virtue of the laws 'of the State'of Colorado ad.... is R.R.#2, Grover,, Colorado County of , We l d , Stabs of Colorado for the consideration of good and valuable consideration - gkiew, in hand paid hereby ee11(a) and convey(a) to David Leslie Bashor whose address is R. R. #1, Grover County of Weld and State of Colorado the following real property in the County of. Weld sail 3tata of Colorado, to wit: All of theassets 'described in Schedule "A" attached hereto and made a part hereof, ex- cepting all minerals in and under the property herein conveyed. with all its appurtenances, and warrant(a) the title to the same, subject to 2nd day of Jwie , 18 75 William Lester Bashor Sons, Inc. W. L. Bashor § Sos.a.... ?1c -......s1 (Titl) , },G''T'' OF COLORADO, County of The fpr)egoing instrument was acknowledged before me this a �`� day of� 19 rlr . by.i7! �xX 1 .S, �' rte' fee ti aOne7eudrJ /9 esa riirind e and fff^f.7 eial seal. Gti e C !,!.� }� 1eh : I�f%pw(.LIr OS Awturwl er oa.00. 6�r• 4wrs sans or seu l V py Wnos .ot1a. b ll!,.!��}��.�_�..'' OapaOftf 0f 1. attCeW))•Ia-feat fLOa art a.rw p! p0rsca vI eieaabr atlmaa7•U hat or o1Ler e0P0�p1q ,�,�. vuv 2,t• 7 Oft1001 W-enrya�apa➢ SAaa IaNK Oame Ot N0. Of{ICOrer Otticef� y fEp Pra100at er OIl10r Oft1001f of sYal OOM1 a/k/a eon _ 741 1662858 `4; SCHEDULE A Atte/Axed to and Made a Part o£ That Certain Deed Between WILLIAM LESTER BASSOS & SONS, INC. 'and DAVID LESLIE.BASHOR Dated' June 2', 1975 All 12; NW 1/4, SW 1/4, N 1/2 NE 1/4, SE 1/4 Sec. 13; N 1/2 N 1/2 24-10-62 Sec. 7; Sec. 18; E 1/2 Sec. 19; SE 1/4 Sec. 5; E 1/2 Sec. 8; N 1/2 Si 1/4 Sec. 17; All Sec. 20; All Sec. 29 10-61 SE 1/4 ERR 1-9-61; NE 1/4 NE 1/4 ERR 12-9-61 NW 1/4, S 1/2 NE 1/4, SE 1/4, Port. SW 1/4 ERR 7-9-60 W 1/2, W 1/2 NE 1/4 8-9-60; SW 1/4 SE 1/4 5-9-60; NE 1/4 ERR 18-9-60; NE 1/4 ERR 20-9-60 SW 1/4 SW 1/4 6-9-60, Weld County, Colorado WILLIAM LESTER BASHOR P; SONS, INC., a/k/a W. L_: BASSOS&SONS, INC. Kitt] RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0032, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (WATER DEPOT) IN THE A (AGRICULTURAL) ZONE DISTRICT - DAVID BASHOR 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 24th day of September, 2014, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of David Bashor. 9075 CR 10, Fort Lupton, CO 80621, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0032, for a Mineral Resource Development Facility, 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: N1/2 SE 114 of Section 17, Township 10 North, Range 61 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Sheri Lockman Lockman Land Consulting, LLC, 36509 CR 41, Eaton, CO 80615, 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. 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: 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 22-2-20.1 (A. Goal 9) states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." ceteAyLrp1kL,4ppL. tok 2014-2867 PL2288 SPECIAL REVIEW PERMIT (USR14-0032) - DAVID BASHOR PAGE 2 2) Section 22-2-20.1.5 (A. Policy 9.5) states: Applications for a change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies." 3) Section 22-5-100.A (OG.Goal 1) states: "Promote the reasonable and orderly exploration and development of oil and gas mineral resources. 4) Section 22-2-80.C (I.Goal 3) states: "Consider how transportation infrastructure is affected by the impacts of new or expanding industrial developments." 5) Section 22-2-80.D (t.Goal 4) states: "All new industrial development should pay its own way." 6) Section 22-2-80.D.1 (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 water depot facility is located in a rural area approximately 1.25 miles south of the Town of Grover. There are no residences in the vicinity of the site and the application indicates that initial truck traffic will go south (away from the Town of Grover) to County Road (CR) 110. There are no residences from the water depot site to CR 110. An Improvements and Road Maintenance Agreement is required as a Condition of Approval to address dust, road damage, and road improvement triggers related to truck traffic coming from the depot site. 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 of the Weld County Code allows Mineral Resource Development Facilities, including an Oil and Gas Support and Service (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 site is located in a rural area. The nearest residences are located in the Town of Grover 1.25 miles to the north and a residence on the landowner's property approximately 1.5 miles to the southwest of the site. The application states that initial traffic will travel south on CR 89 to CR 110. A Lighting Plan is attached as a Condition of Approval and an Improvements and Road Maintenance Agreement is required to address impacts to CR 89. D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected 2014-2867 PL2288 SPECIAL REVIEW PERMIT (USR14-0032) - DAVID BASHOR PAGE 3 municipalities. The site is located within the three (3) mile referral area of the Town of Grover. No referral response has been received. E. Section 23-2-230.8.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 471 acres delineated as "High Potential Dry Cropland — Prime if Irrigated," per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The proposed water depot site will be located on a ten (10) acre lease area and mobile (not permanent) water tanks are proposed. G. Section 23-2-230.8.7 — The Design Standards (Section 23-2-240, Weld County Code). Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of David Bashor, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0032, for a Mineral Resource Development Facility, 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 attempt to address the requirements and recommendations of the West Greeley Soil Conservation District, as stated in the referral response dated June 17, 2014. Written evidence of such shall be submitted to the Weld County Department of Planning Services. B. The applicant shall submit a Lighting Plan to the Department of Planning Services, for review and approval. Any lighting poles and lamps shall comply with Section 23-3-360.F. which states, in part, that, "any lighting shall be designed, located, and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties." C. An Improvements Agreement and Road Maintenance Agreement is required for this site. Road maintenance, including dust control, damage repair, and triggers for improvements will be included. 2014-2867 PL2288 SPECIAL REVIEW PERMIT (USR14-0032) - DAVID BASHOR PAGE 4 D. The plat shall be amended to delineate the following: 1 All sheets of the plat shall be labeled USR14-0032. 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. The approved Lighting Plan. 5. County Road (CR) 69 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. 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. This road is maintained by Weld County. 6. CR 118 is a non -maintained County Section line 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. 7 The applicant shall show and label the approved access point on the plat (approved under AP14-00268). 8. The applicant shall label the approved water quality feature on the plat as "Water Quality Feature, No Build/Storage Area", and label the required volume. 9. Tracking control shall be delineated on the plat. Standard tracking control for access onto gravel roads includes double cattle guards across both lanes at the access point. 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. 2014-2867 PL2288 SPECIAL REVIEW PERMIT (USR14-0032) - DAVID BASHOR PAGE 5 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, .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. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed for construction of non -pipeline items such as structures, parking lots, laydown yards etc, a Weld County Grading Permit will be required prior to the start of construction. B. A Right-of-way Permit is required for any work within the public right-of-way. 6. Prior to Operation' A. A sign shall be posted stating' No disposal of wastes is allowed. 7. 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 the applicant has been approved for an early release agreement. 2014-2867 PL2288 SPECIAL REVIEW PERMIT (USR14-0032) - DAVID BASHOR PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dj„i,4,, Weld County Clerk to the Boar County Attorney Date of signature: /0/Lo uglasr(Rademac er, Chair EXCUSED arbara Kirkmeyer, Pro -Tern XCUSED can P. Conway Mike Fr. William F. G 2 2014-2867 PL2288 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DAVID BASHOR USR14-0032 The Site Specific Development Plan and Use by Special Review Permit, USR14-0032, is for a Mineral Resource Development Facility, including Oil and Gas Support and Service (water depot) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are 24 hours a day, 365 days a year, as stated by the applicant(s). 4. The signage on the site shall be maintained. 5. The lighting on the site shall be maintained in accordance with the approved Lighting Plan. 6. All liquid and solid wastes, Stephanie Arries, Assistant County Attorney, 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. 7. 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. 8. 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. 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 10. This facility shall adhere to the maximum permissible noise levels allowed in the non -specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. 11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on -site for less than two (2) consecutive hours a day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment (WCDPHE). Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 2014-2867 PL2288 DEVELOPMENT STANDARDS (USR14-0032) - DAVID BASHOR PAGE 2 12. 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. 13. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 14. 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 private streets. eets. No colored lights may be used which may be confused wth, or construed p as, traffic control devices. 15. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 16. The historical flow patterns and runoff amounts will be maintained on the site. 17. Weld County is not responsible for the maintenance of onsite drainage related features. 18. There shall be no parking or staging of vehicles on County roads. On -site parking shall be utilized. 19. The right-of-way or easement shall be graded and drained to provide an all-weather access. 20. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2011 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. 21. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 22. 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. 2014-2867 PL2288 DEVELOPMENT STANDARDS (USR14-0032) - DAVID BASHOR PAGE 3 23, The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 24. 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. 25. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. 2014-2867 PL2288 Hello