HomeMy WebLinkAbout20232021.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
National Western Holdings, LLC — USR15-0065
DEPARTMENT: Planning Services DATE: June 27, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, National Western Holdings, LLC,
requesting that the Board of County Commissioners consider approving the Improvements and Road
Maintenance Agreement for (USR15-0065). No collateral is required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above
mentioned signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To
Policy Regarding Collateral For Improvements", are found to be acceptable.
This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed
by the Board of County Commissioners.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for USR15-0065, and that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Consent Agenda.
Schedule
Recoomendation Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
600
2023-2021
1- /7-2'
"i_a,39if
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Approve
Mike Freeman
Wednesday, July 5, 2O23 11:48 AM
Karla Ford
Kevin Ross
Re: Please Reply - BOCC PA REVIEW - USR15-OO65 — National Western Holdings
Sent from my iPhone
On Jul 5, 2O23, at 4:54 PM, Karla Ford <kford@weld.gov>wrote:
Please advise if you support recommendation. Thank you.
Karla Ford r
Office Manager Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kfordUweldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
<imageOO2.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you hove received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or ony attachments by anyone other than the named
recipient is strictly prohibited.
From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>
Sent: Wednesday, July 5, 2O23 8:O7 AM
To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson
<dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Toni Parko
Jr <tparko@weld.gov>
Subject: BOCC PA REVIEW - USR1S-OO65 — National Western Holdings
ATTACHED BOCC PA REVIEW
Improvements Agreement: Improvements and Road Maintenance Agreement
Case/Applicant: USR15-OO65 — National Western Holdings, LLC
Please note: Consent Agenda
Thank you, Karla!!
Best,
Jazmyn Trujillo -Martinez
Development Review
Karla Ford
From:
Sent:
To:
Subject:
Approve
Kevin Ross
Kevin Ross
Wednesday, July 5, 2023 8:59 AM
Karla Ford; Mike Freeman
Re: Please Reply - BOCC PA REVIEW - USR1 S-0065 — National Western Holdings
From: Karla Ford <kford@weld.gov>
Sent: Wednesday, July 5, 2023 10:53:58 AM
To: Mike Freeman <mfreeman@weld.gov>; Kevin Ross <kross@weld.gov>
Subject: Please Reply - BOCC PA REVIEW - USR15-0065 — National Western Holdings
Please advise if you support recommendation. Thank you.
Karla Ford A
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
Confidentiality Notice: This electronic transmission and any attoched documents or other writings ore intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>
Sent: Wednesday, July 5, 2023 8:07 AM
To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson
<dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr
<tparko@weld.gov>
Subject: BOCC PA REVIEW - USR15-0065 — National Western Holdings
ATTACHED BOCC PA REVIEW
Improvements Agreement: Improvements and Road Maintenance Agreement
Case/Applicant: USR15-0065 — National Western Holdings, LLC
Please note: Consent Agenda
Thank you, Karla!!
Best,
1
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
National Western Holdings, LLC — USR15-0065
THIS AGREEMENT is made this ''):)14 day of(\ C , 202, by and between National
Western H9ldings, LLC, a limited liability company organized under the laws of the State of
C,ok,o t3 4, ti , whose address is 5617 W. Highway 34, Loveland, Colorado 80537, hereinafter referred
to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose
address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Part of the N1/2 NEI/4 of Section 11, Township 3 North,
Range 66 West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of
USR15-0065, and
WHEREAS, Property Owner acknowledges that the final approval of USR15-0065 is conditional
upon Property Owner's understanding of construction of the off -site improvements, if/when triggered, and
road maintenance described in this Agreement and depicted in the following incorporated exhibits:
Exhibit A — Future Improvements Costs of Construction, to be attached if/when triggered, pursuant to Part
I, B.3.0, below
Exhibit B — Future Improvements Construction Schedule Triggers, to be attached, if/when triggered,
pursuant, to Part I, B.4.0, below
Exhibit C — Construction Plans, to be attached if/when, triggered pursuant to Part I, A., below
Exhibit D — Plat Map (recorded simultaneously with this Agreement), and
WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec. 23-2-290, the failure to commence construction of the improvements outlined herein within three (3)
years of triggering improvements of USR15-00665 may result in the revocation or suspension of
USR15-0065, upon consideration and order of the Board of County Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site
improvements as required by this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant, and agree as follows:
PART I: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible
for the construction of certain off -site safety improvements as identified in the USR hearing Resolution,
National Western Holdings, LLC — USR15-0065 - IA23-0004
Page 1 of 12
which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at
the main entrances and exits which extend into County road Rights -of -Way (ROW) connecting to the
County road system, and off -site drainage and signage installations, as indicated on the accepted Exhibit
D and future Exhibit C, as required. On -Site improvements that create more run-off than the historical
amount may require off -site drainage improvements to roads and ROW. Any approved access point(s)
improvements will include standard County approved tracking control, and may include a double cattle
guard set (one right after the other), placed back to back across the entire width of the access, to ensure a
complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent
County road.
1.0 Future Off -Site Improvements:
1.0 Traffic Triggers. When the traffic associated with the Use by Special Review Permit reaches
certain safety thresholds as set forth in this agreement, the Property Owner shall design, and construct
required road improvements based on the amount of traffic being generated by the site. The Property
Owner's development does not currently meet the traffic safety triggers requiring the improvements
specified below; however, off -site or phased improvements may be warranted in the future.
1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and
construct said auxiliary lanes into their site if/when all traffic to/from the Property meets the
following traffic triggers:
Design and construct a paved roadway along CR 35 from CR 32 to CR 36 or
participate in proportional share of county determined paving whenever traffic
exceeds gravel capacity or becomes a safety hazard to traveling public.
Property Owner shall design and construct a left deceleration/turn lane on CR 35
whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property
for an average daily peak hour.
Property Owner shall design and construct a right deceleration/turn lane on CR 35
whenever traffic exceeds 25 VPH turning right into the Property for an average
daily peak hour.
Property Owner shall design and construct a right acceleration lane on CR 35
whenever traffic exceeds 50 VPH turning right out of the Property for an average
daily peak hour.
Property Owner shall design and construct a left acceleration lane on CR 35
whenever such a lane would be a benefit to the safety and operation of the roadway.
The County, in its sole discretion, shall determine if a left acceleration lane is
required.
2.0 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible
for the cost and construction of required improvements. These responsibilities may include but are not
limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of
ROW, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected
irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall
obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County
regulatory agencies.
3.0 Cost of Construction Exhibit. When any trigger is met, the Property Owner shall submit Exhibit A
within six (6) months of being notified regarding the need for the triggered improvements, indicating the
cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral
requirement for the development. Construction costs must be obtained through a registered Colorado
National Western Holdings, LLC — USRl5-0065 —1A23-0004
Page 2 of 12
Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that
have project collateral. New or additional collateral may be required for the triggered improvements. If
required, collateral shall be submitted at the same time as Exhibit A. Exhibit A shall be attached to this
Agreement and incorporated herein once approved by the County.
4.0 Construction Schedule Exhibit. When any trigger is met, the Property Owner shall submit
Exhibit B within six (6) months of being notified regarding the need for the triggered improvements,
indicating the construction schedule, and including completion date for the improvements. Property owner
shall not commence construction of improvements prior to approval of the Construction Plans and receipt
of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall complete all
improvements in accordance with the construction schedule exhibit. The construction of the triggered
improvements shall be completed within the specified timeframe, which may not exceed three (3) years
from the date the trigger is first met and shall be completed as follows: Year 1 design deadline; Year 2
ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the construction
improvements, including design, right-of-way, and utility relocation cost within six months of being
notified of meeting the triggers. Exhibit B shall be attached to this Agreement and incorporated herein once
approved by the County.
5.0 Collateral. Collateral for any additional improvements required by the triggers may be required by
the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral is accepted and
released by the BOCC pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
6.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part II.B,
Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built
drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Land Surveyor or Professional Engineer.
C. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the
associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south on CR 35 between CR 32 and CR 36, and
2) East and west on CR 36 between Highway 85 and CR 35.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 35 and travel north -south
to the nearest paved road for further dispersal. Any County roads used by USR15-0065 traffic may become
part of the established haul/travel routes.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and axle configurations, unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -
mentioned haul/travel route for a limited period (six months or less), the Weld County Department of
Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will
utilize paved County roads whenever possible. A deviation from the established haul/travel route lasting
more than six (6) months, or requests for one (1) or more deviations within a twelve (12) -month period
shall authorize the County to change the haul/travel routes designated herein, and provide notice to the
Property Owner.
National Western Holdings, LLC — USR15-0065 - IA23-0004
Page 3of12
5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual
of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the BOCC pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
D. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required by the Board:
2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust
control on unpaved designated haul/travel routes after commencement of operation. The amount and extent
of dust control will be determined by site -specific conditions at the time, as determined exclusively by
County personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately
two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per
section 8-6-100 of the Weld County Code.
2.1 Dust Control During Construction. If necessary, as determined by the County, the Property
Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control
by a contractor approved by Weld County Public Works during the operation of the development.
1) Application of topical magnesium chloride on CR35 up to 5-7 times annually or if
additional applications above this amount are needed in accordance with the amount
of traffic generated.
2) Application of full -depth magnesium chloride 3 times a year on CR 35.
3.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving
measures will be determined by site -specific conditions at the time, as determined exclusively by County
personnel.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage.
Property Owner shall identify the repair required and shall consult with County on the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If
Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property
Owner may commence repair of such Significant Damage and shall concurrently notify County of the
extent, type, timing, materials and quality of repair (i.e. temporary versus permanent).
5.0 Repair of Road: On or before December 31, of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures in order to protect the public health, safety, and welfare, and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off -Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of the
need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -Site
National Western Holdings, LLC — USR15-0065 — IA23-0004
Page 4 of 12
Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility
for the completion of the repairs and/or improvements on or before December 15, of the year following
County's notice of the need for repairs.
5.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those
proportional share costs.
6.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property
Owner of County's preliminary determination and assessment of Property Owner's proportional share of
costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to
County's final determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Owner and all other Property Owners and/or Lessees who are required by County to participate in
road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of
the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that construction
season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data
becomes available.
8.0 Notification. The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to
Property Owner's designated haul/travel routes. Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment.
PART II: GENERAL PROVISIONS
A. Engineering and Construction Requirements:
1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the off -site improvements and all on -site
drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as
identified on the accepted Construction Plans and according to the construction schedule set forth in the
construction schedule exhibits. The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards and
criteria established by the County for public improvements. The required engineering services shall consist
of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the
submission of necessary documents to the County.
2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good
and sufficient ROW and easements made necessary for the improvements. The County will not exercise
National Western Holdings, LLC — USR15-0065 - IA23-0004
Page 5of12
eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads
to be accepted by the County shall be conveyed to the County on County -approved forms and the documents
of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC
and recording.
3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and
any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall
be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being
completed also in accordance with the schedule set forth in the construction schedule exhibits. The BOCC,
at its option, may grant an extension of the time of completion set forth in construction schedule exhibits
stated herein upon application by the Property Owner. Said construction shall be in strict conformance to
the plans and drawings accepted by the County and the specifications adopted by the County.
4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall furnish copies of test
results to the County. If County discovers inconsistencies in the testing results, Property Owner shall
employ at its expense a third party qualified testing company approved by County. Such third party shall
furnish the certified results of all such testing to the County. At all times during said construction, the
County shall have the right to test and inspect material and work, or to require testing and inspection of
material and work at Property Owner's expense. Any material or work not conforming to the approved
plans and specifications, including but not limited to damages to property adjacent to the construction plan
area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property
Owner.
5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the
current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld
County Engineering and Construction Criteria.
6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of
issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County
review. During construction, appropriate safety signage shall be posted in accordance with the then -current
version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County the necessary
collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is
required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral
is required for all off -site improvements during the two-year warranty period. Collateral acceptance and
release is governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements
identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the
value of the improvements, as calculated in the cost of construction exhibits. Project Collateral
must be submitted at the time of execution of the Agreement, unless otherwise directed by the
Board of County Commissioners. In the event that Property Owner fails to adequately complete
the required improvements, County may, in its sole discretion, access Project Collateral for the
purpose of completing such improvements. It may be necessary to provide additional collateral in
the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL
PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY.
National Western Holdings, LLC — USR15-0065 — IA23-0004
Page 6 of 12
1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
year warranty period following the County's initial approval of the improvements. Warranty
Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner
fails to adequately complete or repair improvements during the warranty period, County may, in
its sole discretion, access Warranty Collateral for the purpose of completing such improvements.
2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash
deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that
section may be amended from time to time.
3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For collateral release, County personnel conducts inspections for on -site and off -site
improvements.
3.1 Timing of Release. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approval by the County. Warranty Collateral
shall be withheld by County at the time of release of Project Collateral or may be submitted
separately by Property Owner. Warranty Collateral may be released upon the approval of the
County at the end of the two-year warranty period.
3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the
entire project or for a portion of the project, the Property Owner must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed
in substantial compliance with accepted plans and specifications documenting the following:
3.2.1 The Property Owner's Engineer or his representative has made regular on -site
inspections during the course of construction and the construction plans utilized
are the same as those accepted by Weld County.
3.2.2 For the improvements to public rights -of -way or easements, test results must be
submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped
and approved by an Engineer registered in the State of Colorado, if an Engineer
was initially required for the project. The Property Owner's Engineer shall certify
that the project "as -built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior
written acceptance from a Development Review Engineer.
33 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement. Upon approval, the Board of County Commissioners may release said collateral.
Acceptance of Improvements:
National Western Holdings, LLC — USR15-0065 — IA23-0004
Page 7 of 12
1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property
Owner shall contact the Weld County Development Review Team and request an inspection of such
improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance
process.
2.0 Inspection, Approval, and Acceptance Process:
2.1 Upon completion of construction of all off -site improvements as described in the
Construction Plans, Property Owner shall submit to the Weld County Department of Planning
Services a Statement of Substantial Compliance by Property Owner's Engineer along with
"as -built" drawings as required in subsection B.3.2.3, above, and shall request County inspection
of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County
determines the improvements were not constructed in accordance with the Construction Plans, the
County shall direct the Property Owner to correct the deficiencies. If the County determines the
improvements were constructed in accordance with the Construction Plans, the County shall
initially approve the Off -Site Improvements.
2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County personnel shall, upon request by the
Property Owner, inspect the subject improvements, and notify the Property Owner of any
deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies.
County personnel shall re -inspect the improvements after notification from the Property Owner that
said deficiencies have been corrected. If the County personnel fmds that the improvements are
constructed according to County standards, he or she shall approve the improvements. Such final
approval shall authorize the Property Owner to request the Board of County Commissioners to
release the Warranty Collateral.
2.3 Placement of Improvements into Service Prior to County Approval. If requested by the
Property Owner and agreed by the County, portions of the improvements may be placed in service
when completed according to the schedule shown on the construction schedule exhibit, but such
use and operation shall not alone constitute an approval or acceptance of said portions of the
improvements. County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the schedule shown
on the construction schedule exhibit, and may continue to issue building permits so long as the
progress of work on the improvements is satisfactory to the County, and all terms of this Agreement
have been faithfully kept by Property Owner.
D. Permits: The Property Owner is required to apply for and receive all permits required by the
County or any other applicable local, State, or federal permit, including but not limited to:
1.0 Access Permits. Property Owner shall not use any access onto any County road unless and until
an access permit has been issued by the Department of Planning Services. Planning Services may condition
the issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authorizes the use of an additional access point, or if there is a change in use of the current access point, as
permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work
shall occur without said ROW permit.
National Western Holdings, LLC — USR15-0065 — IA23-0004
Page 8of12
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation
and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
E. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the
violation is continuing, County may consider Property Owner to be in breach of this Agreement.
2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner
has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any
or all of the following remedies, or any other remedy available in law or equity.
2.1 Access and Use of Collateral. County may access and use collateral to address the issues
specific to the violation. For example, the County may access and use Project Collateral in order to
complete improvements as required by the Construction Plans, when such improvements have not
been completed in accordance with the Construction Schedule.
2.2. Withholding Permits. County may "lock" any or all lots within the Property, which
precludes the continued issuance of building permits, zoning permits, septic permits, or any other
permit issued by any department of the County.
2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.4 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
IN "7;Q County Code.
M3rnF'
T -.6J Nu, 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
a �,,� the underlying land use approval under Weld County Code Section 23-2-290. However, County
i a N may still exercise all necessary activities under this Agreement that the County determines
co necessary to protect the health, safety, and welfare of the residents of Weld County.
°mo
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
1rr F : N Property Owner's complete cessation of all activities permitted by the USR including any clean up
or restoration required. A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Property Owner of cessation of activities, and verified by the
County, cessation shall only be presumed if the County determines that the USR has been inactive
S
0
National Western Holdings, LLC — USR15-0065 — IA23-0004
Page 9 of 12
for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty
Collateral unless and until the improvements required by this Agreement are completed.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new property owner or operator who has
purchased the Property or has assumed the operation of the business permitted by the USR, and
intends to make use of the rights and privileges available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement, which may be
completed by County after accessing Property Owner's collateral if Property Owner fails to
complete such improvements.
F. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned. Consent to a delegation or an assignment will
not be unreasonably withheld by County. In such case, Property Owner's release of its obligations
shall be accomplished by County's execution of a new Improvements Agreement with the
successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
R. t° 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
▪ D to the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
N N
L N 4.0 Amendment or Modification. Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
3
▪ `� 5.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the
A
m terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
am G reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
.=- ; n N undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
0
0
pm
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
National Western Holdings, LLC — USRl5-0065 — IA23-0004
Page 10 of 12
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature
and description caused by, arising from, or on account of the design and construction of improvements, and
pay any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
loss, or damage arising from the intentional torts or the gross negligence of the County or its employees
while acting within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance and public
liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State
of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Property
Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement
within five (5) days of receiving such request.
12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the
event of a discrepancy between this agreement and the Weld County Code in effect at the time of the
agreement, the terms of the Weld County Code shall control.
National Western Holdings, LLC — USR15-0065 — IA23-0004
Page 11 of 12
PROPERTY OWNER: National Western Holdings, LLC
By:
Name: SCC) 'MCnl)(1GkU
Title: 0 \,J (N '2(
STATE OF COLORADO
County of Weld
ate (,,1')D.5
SS.
h Gl
The foregoing instrument was acknowledged before me this day of 'jUn e
2021, by 5Cti'7 mC O,P(\o
WITNESS my hand and official seal.
DANIELLE NIESEN
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20214032489
MY COMMISSION EXPIRES AUG 14, 2025
WELD COUNTY:
ATTEST:-4tettAdJEL;t1
Weld Co Clerk to the Bo
BY:
ciat:th
ry Public
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
JUL 1 7 2323
National Western Holdings, LLC — USR15-0065 - IA23-0004
Page 12 of 12
X02.5- .2/
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
NATIONAL WESTERN HOLDINGS LLC '00047329
Contract Name.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
NATIONAL WESTERN HOLDINGS, LLC USRI 5-0005
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
7211
Contract Lead.
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez @weldgov.c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT NATIONAL WESTERN HOLDINGS. LLC USRI 5-0005 NO COLLATERAL
REQUIRED
Contract Description 2
Contract Type
AGREEMENT
Amount
$0.00
Renewable
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-Planninggveldgov.com
Department Head Email
CM-Planning-
DeptHead Wweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EY,WVELDG
O x.COM
Requested BOCC Agenda
Date.
07 17,2023
Due Date
07.1 3 2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter NSA Contract ID
Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnEase
Contract Dates
Effective Date Review Date. Renewal Date
07.17;2024
Termination Notice Period
Committed Delivery Date
Expiration Date
07 17,'2025
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
TOM PARKO JR.
OH Approved Date
07 1 1 ; 202 3
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07 1 7; 2023
Originator
JTRUJILLOMARTINEZ
Contact Type Contact Email
Finance Approver
CHERYL PATTELLI
Contact Phone l Contact Phone 2
Purchasing Approved Date
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
07;11,2023 07'11:2023
Tyler Ref #
AG 071 723
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0065, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (PARKING AND
MAINTENANCE OF EXPLORATION, PRODUCTION OR WORKOVER EQUIPMENT;
EQUIPMENT AND STORAGE YARDS FOR ROAD AND PIPELINE CONSTRUCTION
CONTRACTORS, AND PRODUCTION UNIT SET-UP AND MAINTENANCE
CONTRACTORS; PARKING AND MAINTENANCE FOR TANK AND WATER SERVICE
COMPANIES; STORAGE AND RENTAL YARDS FOR PIPE AND PRODUCTION
EQUIPMENT, FIELD OFFICES USED BY PRODUCTION -RELATED RECORDS AND
MAINTENANCE PERSONNEL) AND ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OUTSIDE EQUIPMENTNEHICLE STORAGE AND
STAGING) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR
RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE
A (AGRICULTURAL) ZONE DISTRICT - NATIONAL WESTERN HOLDINGS, LLC
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 27th day of
January, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of National Western Holdings, LLC, 7247 East County Line Road, Longmont, CO
80501, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0065,
for Mineral Resource Development Facilities, including Oil and Gas Support and Service (parking
and maintenance of exploration, production or workover equipment; equipment and storage yards
for road and pipeline construction contractors, and production unit set-up and maintenance
contractors; parking and maintenance for tank and water service companies; storage and rental
yards for pipe and production equipment, field offices used by production -related records and
maintenance personnel) and any Use permitted as a Use by Right, Accessory Use, or Use by
Special Review in the Commercial or Industrial Zone Districts (outside equipment/vehicle storage
and staging) provided that the property is not a lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Part of the N1/2 NE1/4 of Section 11, Township 3
North, Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
2016-0344
PL2398
SPECIAL REVIEW PERMIT (USR15-0065) - NATIONAL WESTERN HOLDINGS, LLC
PAGE 2
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:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.1 (A. Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The heavy
equipment - trucking and truck repair shop, along with outside
equipment/vehicle storage and staging facility, is presently in
operation on the site and is located in an area that allows good
access to the oil field and construction areas.
2) Section 22-2-100.E. (C.Goal 5) states: "Minimize the
incompatibilities that occur between commercial uses and
surrounding properties." Given the storage component, staff will be
requiring a Screening Plan to screen outdoor storage/staging of
vehicles, and the parking on the property will need to mitigate the
impacts of noise and exhaust onto neighboring properties. Per the
application materials, the hours of operation and on -site
commercial activity is restricted to 7:00 a.m. to 4:00 p.m., daily.
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.2 of the Weld County
Code lists Mineral Resource Development Facilities, including: Oil and
Gas Support and Service (parking and maintenance of exploration,
production or workover equipment; equipment and storage yards for road
and pipeline construction contractors, and production unit set-up and
maintenance contractors; parking and maintenance for tank and water
service companies; storage and rental yards for pipe and production
equipment, field offices used by production -related records and
maintenance personnel). Section 23-3-40.S of the Weld County Code lists
any Use permitted as a Use by Right, Accessory Use, or Use by Special
Review in the Commercial or Industrial Zone Districts (outside
equipment/vehicle storage and staging) provided that the property is not a
lot in an approved or recorded subdivision plat or part of a map or plan filed
2016-0344
PL2398
SPECIAL REVIEW PERMIT (USR15-0065) - NATIONAL WESTERN HOLDINGS, LLC
PAGE 3
prior to adoption of any regulations controlling subdivisions as a Use by
Special Review in the A (Agricultural) Zone District.
C. Section 23-2-230.6.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding land uses include
large tract agriculture parcels. There are several USRs in the general area,
two are located within a mile of the proposed storage yard: 2AmUSR-1280
a compressor station for Kerr-McGee Gathering is located to the southeast
and USR-1030 for 140 -foot in height private antennas is located to the
southwest. There are five property owners on five parcels within 500 feet
of the proposed facility; some parcels have residential structures. As
previously stated, staff will be requiring a Screening Plan to screen outdoor
storage/staging of vehicles, and the parking on the property will need to
mitigate the impacts of noise, exhaust onto neighboring properties. As of
January 4, 2016, the Department of Planning Services has not received
any comments from surrounding property owners with concerns or
comments on this land use application.
D. Section 23-2-230.6.4 -- The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the
existing zoning and with the future development as projected by Chapter 22
of the Weld County Code and any other applicable Code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within three miles of the Towns of Gilcrest and Platteville.
The Towns of Gilcrest and Platteville indicated no conflicts with their
interests, in the referrals dated October 21, 2015, and October 13, 2015,
respectively.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not located within
the Floodplain, Geologic Hazard or the Airport Overlay areas. 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 facility is located on soils designated as "Prime if they
become Irrigated," and "Other," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map. The applicant is making use of
existing structures on the site and this area of the farm is not irrigated.
G. Section 23-2-230.B.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.
2016-0344
PL2398
SPECIAL REVIEW PERMIT (USR15-0065) - NATIONAL WESTERN HOLDINGS, LLC
PAGE 4
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of National Western Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0065, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (parking and maintenance of
exploration, production or workover equipment; equipment and storage yards for road and
pipeline construction contractors, and production unit set-up and maintenance contractors;
parking and maintenance for tank and water service companies; storage and rental yards for pipe
and production equipment, field offices used by production -related records and maintenance
personnel) and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review
in the Commercial or Industrial Zone Districts (outside equipment/vehicle storage and staging)
provided that the property is not a lot in an approved or recorded subdivision plat or part of a map
or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
1. Prior to recording the USR map:
A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance, including dust control,
damage repair, specified haul routes and future traffic triggers for
improvements will be included.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR15-0065.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 35 is a gravel road and is designated on the Weld
County Road Classification Plan as a collector road, which requires
80 feet of right-of-way at full buildout. The applicant shall delineate
the future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by
Weld County.
5) Show the approved access(es) and label with the approved access
permit number (AP15-00508).
6) Show and label the approved tracking control onto publically
maintained roadways.
7) Show and label all easements with the recorded document
reception number and date plan.
2016-0344
PL2398
SPECIAL REVIEW PERMIT (USR15-0065) - NATIONAL WESTERN HOLDINGS, LLC
PAGE 5
8) Show and label the screened trash collection area.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
9) Show and label the screening.
10) Show and label the parking.
11) Show and label the lighting.
12) All signs shall be shown and shall adhere to Chapter 23, Article IV,
Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County
Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the USR map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the map, the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services.
The map shall be prepared in accordance with the requirements of Section
23-2-260.D of the Weld County Code. The Mylar map and additional requirements
shall be submitted within one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
2016-0344
PL2398
SPECIAL REVIEW PERMIT (USR15-0065) - NATIONAL WESTERN HOLDINGS, LLC
PAGE 6
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: (IaLii
6: jC •4,
Weld County Clerk to the Board
BY'` `
De i y Clerk to the B
APP
ttorney
Date of signature: c9/13
^r•a.t-4tc.lrtta
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
Steve Moreno
2016-0344
PL2398
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NATIONAL WESTERN HOLDINGS, LLC
USR15-0065
1. The Site Specific Development Plan and Use by Special Use Permit, USR15-0065, is for
Mineral Resource Development Facilities, including Oil and Gas Support and Service
(parking and maintenance of exploration, production or workover equipment; equipment
and storage yards for road and pipeline construction contractors, and production unit
set-up and maintenance contractors; parking and maintenance for tank and water service
companies; storage and rental yards for pipe and production equipment, field offices used
by production -related records and maintenance personnel) and any Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (outside equipment/vehicle storage and staging) provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior
to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operation are 7:00 a.m. - 4:00 p.m., daily, as stated by the applicant(s).
4. The number of full-time employees is limited to two (2), as stated by the applicant.
5. 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.
6. 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.
7 Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
8. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's air quality regulations.
9. 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.
10. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees or contractors on the site for less than
two (2) consecutive hours a day, and two (2) or less full-time employees on the site,
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
2016-0344
PL2398
DEVELOPMENT STANDARDS (USR15-0065) - NATIONAL WESTERN HOLDINGS, LLC
PAGE 2
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.
11. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault
and hauled off for proper disposal. Records of installation, maintenance, and proper
disposal shall be retained.
12. Any vehicle or equipment washing areas shall capture all effluent and prevent discharges
in accordance with the Rules and Regulations of the Water Quality Control Commission,
and the Environmental Protection Agency.
13. All potentially hazardous chemicals must be handled in a safe manner in accordance with
product labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
14. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
15. Septage requirements for Septage Permit, SS#15-00005, shall be adhered to, as
applicable.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. 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.
18. The parking area on the site shall be maintained.
19. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code.
20. The landscape on the site shall be maintained.
21. The 100% opaque screening on the site shall be maintained.
22. 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.
23. The historical flow patterns and runoff amounts will be maintained on the site.
24. There shall be no parking or staging of vehicles on County roads. On -site parking shall be
utilized.
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25. The access to the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking.
26. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review.
A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. 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.
29. 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.
30. 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.
31. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and person moving into these areas must
recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
32. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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