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Home My WebLink About20221900.tiffRESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR12-0065 - KORWELL LAND HOLDINGS, LLC, C/O JAMES CHICK WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated January 2, 2013, the Board approved Use by Special Review Permit, USR12-0065, fora Mineral Resource Development Facility, including Oil and Gas Support and Service (water hauling) in the A (Agricultural) Zone District, for Bruce Sandau, Robert Sandau, Bartels Family, LLC, c/o A&W Water Service, Inc., on the following described real estate, to -wit: Subdivision Exemption, SUBX12-0016; being part of the SW1/4 of Section 25, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, a public hearing was held on the 7th day of July, 2021, at 9:00 a.m., in the Chambers of the Board, at which point the Department of Planning Services staff recommended the vacation of Use by Special Review Permit, USR12-0065, due to the Use not being built or operated since the approval on January 30, 2013, and WHEREAS, at said hearing, the Board deemed it advisable to continue the matter to July 6, 2022, to allow the applicant adequate time to sell the property and for the future property owner to meet with staff to determine any necessary steps for future possible amendments to the permit, and WHEREAS, on July 6, 2022, the Department of Planning Services staff recommended the vacation of Use by Special Review Permit, USR12-0065, due to discontinuation of use for a period of three (3) consecutive years, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR12-0065, be, and hereby is, vacated. CC'. PL(TP/DA/MN), PPPL . 4844675 Pages: 1 of 2 q/9/22 CCarly8Koppes,iCClerk and Recorder, W00 eld County , CO VIII Nclih ifillfWINN I LIVALIfi ; Bill 2022-1900 PL2199 VACATE USR12-0065 - KORWELL LAND HOLDINGS, LLC, C/O JAMES CHICK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of July, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddat.44) � EXCUSED Scott K. James, Chair 11-1:124,3, Mi.: eman, Pro -3e Weld County Clerk to the Board BY. D APPR County Attorney Date of signature: 1- l9 - aa, 4844675 Pages: 2 of 2 07/28/2022 10:52 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County CO 11111 2022-1900 PL2199 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 daungst@co.weld.co.us Phone: (970) 400-3524 Fax: (970) 304-6498 May 19, 2022 Korwell Land Holdings, LLC PO Box 337282 Greeley, CO 806330622 Subject: Continuation of the USR termination hearing before the Board of County Commissioners Case Number: USR12-0065 Parcel Number: 1057-25-0-00-016 Legal: Being the SW4 of Section 25, T4N, R66W of the 6th P.M., Weld County, CO To Whom It May Concern: This letter is being sent to you because the above -mentioned property was conveyed to your company on September 9, 2021. As you may recall on July 7, 2021, a Board of County Commissioners (BOCC) hearing was held to consider the possible termination of USR12-0065. The BOCC heard testimony from staff, the property owner, and the public and determined that this case should be continued to July 6, 2022. Please plan to attend the hearing: Date: July 6, 2022 Time: 9:00 a.m. Location: 1150 "O" Street, Greeley, Colorado in the Assembly Room. On January 30, 2013, Use by Special Review case no. USR12-0065 was approved by the Weld County Board of County Commissioners for a water hauling business. The application stated that there will be approximately 100 people a day visiting the site and a maximum of 100 round trips per day by 85,000 lb. tractor trailers. The application goes on to state that there will be water stored on the site in ten -20,000 gallon frac tanks. The application materials can be found online here: Visit the following website to look up other applications on-line: https://accela-aca.co.weld.co.us/CitizenAccess/Default.aspx Then: • Click on "Planning" tab on the menu bar • Under General Search, type the case number USR12-0065, into the Record Number box and Search • Click on the "Record Info" arrow drop -down menu • Click on "Attachments" to review the application materials The Weld County Code Section 23-2-290 addresses the termination of a USR. This Section of the Code states, in part, "A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years..." Since this USR was approved in 2013 and had not been constructed as of July of 2021, staff followed the procedure outlined in Section 23-2-290 and notified the property owner and set up a Board of County Commissioner's (BOCC) hearing. A certified notification letter was sent on April 30, 2021, to Mr. Bruce Sandau and the Bartels Family LLC. Additionally, the applicant, Mr. Jeff Wright of A and W Water, was also sent a certified notification letter on June 14, 2021. At the BOCC hearing held on July 7, 2021, the owner, Mr. Bruce Sandau, requested that the BOCC not terminate the USR. The BOCC determined that that the termination hearing should be continued for one year and be heard again on July 6, 2022. If you have any questions, please contact me at daungsta,co.weld.co.us or call (970) 400-3524. Regards, Planner II File: USR12-0065 O 7/0(0 2022-1900 PL at99 Cr\SE NU �• i E tG_ U' 6_-.a S T• US12—sO6 tl f/a 2. C'T KELL.E..l*:� JYESCCK DIA ��. �� a=U NGST L GSLLCC/O E :+ j.L ESCRI ) TI SLflJFvIS!SN E `Yti. 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"SS be‘.: • _ter. r • S C : . •- : .. _ •. • - •.. I. ••.1/4_ -� • • • 1 ` `� ` 1 • �`. � ` • k.• USE BY SPECIAL REVIEW USR 12-0065 A PORTION OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION TWENTY—FIVE (25), TOWNSHIP FOUR (4) NORTH, RANGE SIXTY—SIX (66) WEST OF THE SIXTH (6TH) P 5 xasT oLwxrEN cauele e[tiuv �� ifN, new FOL1,p 3 I/�- ALLBIMV GF ON2AI�MJ`4 LS T]W, 198 OWNER U! RICH COUNTY ROAD 35 (60 ROW) SDUIHAL5T tbK� send. 2s, r,ua rrax �UNO J 1/L AWYtYUu GP LH /6 NEfirh, L9 aw+u ]¢e N 00° 45'36' w CANER. SANDAU N 81'06'11' E 240' a ct09®' Ra417. C% .49 PAGE 212) GRAVEL 4 NATURAL GRASSES f6 xb STRAW BGZE=NI1.G gATcRIER L MINIMIM 6' WI. 30' RAW CE.00C 841. PA.. 213 } 100'x6' 6TRAW HALEr5alT. 9Cf�°�LV3 DAF'RIE}2 TIIN fIP1 8 WIC. I 8 8-1"6'11' W 390' 5 4e 45'45' E 20814' TEN-20ld0� 6AL UaA1ER TANKS C90'XLO ) 60 TURNING RAM CTY, OWNER SANDAU USR BOUNDARY = 225 AC PORTA JPOTTIE ij COUNTY ROAD 40 (SW' ROW) OWNER !BERG OWNER SANDAU WATERLINE„ PROP.., NV GRAVEL ACCI?96 CACCE. PERMIT NUMBER AP12-OO941 TO WELL VICINITY MAP nos 529P4! 55 M4 ii C LT. U 6ST n5 °Tri wroclavm w TNi slc i, roc PIFfA9T TO TI£ £CUINNEST AT A 1>< TD ,;`11.7 GWCC TF{ R�PCBm 6l1El.CPYENT 19LL NOT JdVEfEE4Y AFYECr TFL- EYbTNL` a5Nnwc Mif[NN ar bC s¢ oa S►v¢aavrS riHRnti "r , 4757079 09/17/2021 11:25 AM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County , CO After Recording Return To: Korwell Land Holdings, LLC STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named: Korwell Land Holdings, LLC 2 The Entity is a: Limited Liability Company 3. The Entity is formed under the laws of: Colorado 4. The mailing address for the entity is: �o3a�c 331&5 �jrml� C O 8 a(33 5. The name and position of each person authorized to execute James Chick, Manager. 6. The authority of the foregoing person(s) to bind the entity is limited as follows: . 7. Other matters concerning the manner in which the entity deals with interests in real property: NONE 8. This Statement of Authority is executed on behalf of the Entity pursuant to the provisions of C.R.S. Section §38- 30-172. Executed this: September 9, 2021 Korwell Land Holdings, LLC y. James Chick, Manager STATE OF: Colorado COUNTY OF: The foregoing instrument was acknowledged before me this 9th day of September, 2021, by lames Chick, Manager of Korwell Land Holdings, LLC, a Colorado limited liability company Witness my hand and seal. My commission expires: Pub Colorado Secretary of State ID#:20211641647 Document #:20211641647 Filed on: 07/13/2021 04:24:30 PM Paid: $50.00 Articles of Organization for a Limited Liability Company filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) The domestic entity name of the limited liability company is Korwell Land Holdings, LLC The principal office street address is 12535 County Road 2 Brighton CO 80603 US The principal office mailing address is PO Box 337282 Greeley CO 80633 US The name of the registered agent is Trenton Korby The registered agent's street address is 3105 70th Avenue Greeley CO 80634 US The registered agent's mailing address is PO Box 337282 Greeley CO 80633 US The person above has agreed to be appointed as the registered agent for this limited liability company. The management of the limited liability company is vested in Managers There is at least one member of the limited liability company. Person(s) forming the limited liability company Trenton Korby 3105 70th' Avenue Greeley CO 80634 US Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Stacey Shea 1812 56th Avenue 2nd Floor Greeley CO 80634 US 4757080 09/17/2021 11:25 AM Total Pages: 6 Rec Fee: $38.00 Doc Fee: $380.00 Carly Koppes - Clerk and Recorder, Weld County , CO AFTER RECORDING RETURN TO: Korwell Land Holdings, LLC 12535 County Road 2 Brighton, Colorado 80603 Attn: Trenton Korby SPECIAL WARRANTY DEED Ur 380 uP BARTELS FAMILY LLC, a Colorado limited liability company, and BRUCE D. SANDAU ("Grantor"), for the consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, hereby grant, bargain, sell and convey to KORWELL LAND HOLDINGS, LLC, a Colorado limited liability company, whose mailing address is P.O. Box 337282, Greeley, Colorado 80633("Grantee"), that certain real property in the County of Weld, State of Colorado, that is legally described on Schedule I attached hereto (the "Property"), TOGETHER WITH all its hereditaments and appurtenances thereto belonging, or in anywise pertaining (including all water rights appurtenant thereto), and the reversion and reversions, remainder or remainders, rents, issues, and profits thereof; and together with all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, and to the above bargained real property, with the hereditaments and appurtenances including water rights, but EXCEPTING AND RESERVING unto Grantor all oil, gas and other minerals in, on, under or which may be produced front the Property; TO HAVE AND TO HOLD the above bargained real property, with the hereditaments and appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever. Grantor, for Grantor and Grantor's heirs, successors, and assigns does covenant and agree that Grantor shall WARRANT AND FOREVER DEFEND the above bargained real property, with the hereditaments and appurtenances, in the quiet and peaceable possession of Grantee, and Grantee's successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, subject to taxes and assessments for the current year not yet due and payable and those exceptions identified on Schedule 2. Signed this q day of September, 202/. 'Signatures and Notaries are on the following page' t Special Warranty Decd - Page I orb 4757080 09/17/2021 11:25 AM Page 2 of 6 IN WITNESS WHEREOF, this Special Warranty Deed is executed by Grantor the day and year first above written. GRANTOR: BARTELS FAMILY LLC, a Colorado limited liability company Bruce D. Sandau STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this [)/ day of September, 2021, by Brian J. Bartels, as Manager of Bartels Family LLC, a Colorado limned liability company. WITNESS my hand and official seal. My commission expires: Note STATE OF COLORADO COUNTY OF WELD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 10954011652 Y C0MI, 55:G\ EXPIRES AUGUST 25: 2023 The foregoing instrument was acknowledged before me thisday of September, 2021, by Bruce D. Sandau. WITNESS my hand and official seal. My commission expires: Special Warranty Deed - Page 2 of 6 • 4757080 09/17/2021 11:25 AM Page 3of6 SCHEDULE I (Attached to and forming a part of the Special Warranty Deed) Description of the Real Property The Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6`h P.M., County of Weld, Stale of Colorado, more commonly known as: 19350 County Road 35. LaSalle. Colorado 80645 APN: 105725000016. Special Warranty Deed - Page 3 of 6 4757080 09/17/2021 11:25 AM Page 4 of 6 SCHEDULE 2 (Attached to and forming a part of the Special Warranty Deed) Matters to which Title is Subject Permitted Exceptions 1. Rights of Way for Weld County Road 35 and Weld County Road 40. 2. Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded September 13, 1883 at Reception No. 11396 as follows: Excluding and excepting from the transfer by these presents "All Mineral Lands" should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of the Statute, "shall not be construed to include coal and iron land". Rights) of way, including its terms and conditions, whether in fee or easement only, asgranted in instrument recorded February I5, 1928 at Reception No. 530674. 4. Rights) of way, including its terms and conditions, whether in fee or easement only, asgranted in instrument recorded March 16, 1949 at Reception No. 1053995. 5. Oil and gas lease between Edgar F. Bartels and James H. Tropp and Robert V. Sandau and Amoco Production Company recorded September 13, 1974 at Reception No. 1644627, and any interests therein or rights thereunder. 6. An undivided one -sixth (1/6) interest in all oil, gas and other mineral rights as reserved in a deed recorded April 14, 1975 at Reception No. 1658070, and any interests therein or rights thereunder. 7. Rights) of way, including its terms and conditions, whether ine fee or easement only, as granted to Panhandle Eastem Pipe Line Company, as described in instrument recorded December 16, 1977 at Reception No. 1738897. 8. The following Notices concerning underground facilities have been filed with the Weld County Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within Ae Land: (a) Panhandle Eastem Pipe Line Company, recorded June 26, 1986 at Reception No. 2058722. 9. All interest A all oil, gas and other mineral rights as reserved in a deed recorded December 18, 1992 at Reception No. 2315232, and any interests therein or rights thereunder. 10. Terms, agreements, provisions, conditions, obligations and easements as contained in Right - of -Way Agreement as disclosed by Ratification of Right -of -Way Agreement, recorded April 25, 1996 at Reception No. 2487726. 11. All interest in all mineral rights as granted in a deed recorded April 6, 2006 at Reception No. 3377173, and any interests therein or rights thereunder. 12. Request for: Notification of Surface Development recorded October 15, 2007 at Special Warranty Deed - Page 4 of 6 4757080 09/17/2021 11:25 AM Page 5 of 6 ReceptionNo. 3511023. 13. Request for Notification (Mineral Estate Owner) December 21, 2007 at Reception No.3525268. 14. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded January 22, 2009 at Reception No. 3600797. 15. All interest in all oil, gas and other mineral rights as granted in a deed recorded July 22, 2009 at Reception No. 3637844, and any interests therein or rights thereunder. 16. Terns, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded August 27,2012 at Reception No. 3868991. 17. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded September 12, 2012 at Reception No. 3872903. 18. All interest in all oil, gas and other mineral rights as granted in a deed recorded October 4, 2012 at Reception No. 3878438, and any interests therein or rights thereunder. 19. All items as set forth on map of Subdivision Exemption No. 1057-25-03 SUDXl2- 0016 recorded January 10, 2013 at Reception No. 3901850. 20. Any and all interest in all oil, gas and other mineral rights as granted in a deed recorded March 26, 2013 at Reception No. 3919947, and any interests therein or rights thereunder. 21. Terns, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement evidenced by the Memorandum of Agreement, recorded July 1,2013 at Reception No. 3944518, 22. Terris, agreements, provisions, Conditions, obligations and easements as contained inRns,ii ne recorded October 17, 2013 at Reception No. 3971485. 23. All items as shown on map of Use by Special Review USR 12-0065 recorded December 11,2013 at Reception No. 3983565. 24. Right(s) of way, including its terms and conditions, whether in fee or easement only, asgranted to DCP Midstream, LP, as described in instrument recorded April 9, 2014 at Reception No. 4007912. 25. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to DCP Midstream, LP, as described in instrument recorded December 16, 2014 at Reception No. 4069024. 26. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to DCP Operating Company LP, as described in instrument recorded June 18, 2018 at Reception No. 4408030. Special Warm. Deed - Page 5 of 6 4757080 09/17/2021 11:25 AM Page 6of6 27. Request for Notification of Application for Development recorded August 2, 2018 at Reception No. 4420477. 28. All items as shown on Improvement Survey Plat by Centerline Surveying LLC, Job No. 21018, dated August 10, 2021. Special Warranty Deed - Page 6 of RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USRI2-0055, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING OIL AND GAS SUPPORT AND SERVICE (WATER HAULING) IN THE A (AGRICULTURAL) ZONE DISTRICT - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC. 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 2nd day of January, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Bruce Sandau, Robert Sandau, Bartels Family LLC, 18446 County Road 31, Platteville, Colorado 80651, do A&W Water Service, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR12-0065, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (water hauling) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Subdivision Exemption, SUBX12-0016, being part of the SW1/4 of Section 25, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was present and represented by Linn Leeburg, Leeburg and Associates, 707 Hawthorn Avenue, Boulder, Colorado 80304, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: 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.C (A. Goal 3) states: "County land use regulations recognize and respect the rights afforded by the State Constitution and associated statutes of individually decreed water rights. CC'. cf\-1 4�LiTWl afP ( t ?":1 -13 2013-0024 PL2199 SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC. PAGE 2 Water rights are considered real property and should be protected as any other private property right." 2) Section 22-2-20.C.3 (A.Policy 3.3) states: "Land use regulations should consider the traditional and future operational viability of water delivery infrastructure when applications for proposed land use changes are considered." 3) Section 22-2-20.G (A.Goal 7) states: "County land use regulations should protect the individual property owner's right to request a land use change." 4) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." 5) Section 22-2-80.D (I. Goal 4) states: "All new industrial development should pay its own way." The applicant will be responsible for covering the costs for all on -site and any applicable off -site improvements associated with this use, as required through the Improvements Agreement and Conditions of Approval. 6) Section 22-4-30.A (WA.Goal 1) states: "Support the development of water that is put to beneficial use, along with associated infrastructure." 7) Section 22-4-30.A.1 (WA.Policy 1.1) states: "Acknowledge a water right as real property that is held by the individual or entity that has developed or maintained the water decree." The State Engineer's Office, Division of Water Resources (DWR), has permitted one (1) well for industrial and commercial use. Well Permit 676241-F was issued for the appropriation of up to 1,122 acre-feet of water per year for industrial uses, including equipment washing, oil and gas exploration, development, reclamation, and dust suppression. The DWR also stated that the wells may not be operated for these industrial uses unless they are included in a Substitute Water Supply Plan approved by the State Engineer or a plan for augmentation approved by the water court. The wells are currently included in the Green Water Resource Alliance et al. substitute water supply plan valid through June 30, 2013 (if not renewed). The Development Standards will address this issue and require written evidence of an adequate water supply on, or before, June 30 of each year from the State Engineers Office, Division of Water Resources. 2013-0024 PL2199 SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, CIO A&W WATER SERVICE, INC. PAGE 3 8) Section 22-6-20.A (ECON.Goal 1) states: "Encourage the expansion of existing businesses and the location of new industries that will provide employment opportunities in the County." B. Section 23-2-230.6.2 -- 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 allows for a Site Specific Development Plan and Use By Special Review Permit for a Mineral Resource Development Facility, including Oil and Gas Support and Service (water hauling) in the A (Agricultural) Zone District. C. Section 23-2-230.8.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located in a rural area. Adjacent properties are mainly utilized for crops and rural residences. The nearest residence is located approximately 120 feet to the south and across County Road (CR) 40. The Weld County Department of Planning Services has received one letter citing several issues including noise, safety, and truck traffic. The attached Conditions of Approval and Development Standards, including a Road Improvements and Maintenance Plan, will address the impacts and attempt to ensure compatibility with the surrounding area. D. Section 23-2-230.B.4 -- The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of the Weld County Code, and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The subject property is located within the three-mile referral area of the Town of Gilcrest. The Town of Gilcrest did not respond to the referral request. E. Section 23-2-230.8.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the 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 "Irrigated Land (Not Prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Therefore, this USR will not take any Prime (Irrigated) Farmland out of production. 2013-0024 PL2199 SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC. PAGE 4 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), and Conditions of Approval and Development Standards shall 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 Bruce Sandau, Robert Sandau, Bartels Family LLC, c/o A&W Water Service, Inc., c/o Leeburg and Associates, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0065, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (water hauling) 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 plat: A. An Improvements and Road Maintenance Agreement is required for this site. Access improvements shall include 60 -foot turning radiuses and a gravel section to prevent the tracking of mud onto the County roadway. Additional improvements will be required if tracking occurs or if trucking numbers increase. The haul route shall be determined in additional discussions with the applicant and in accordance with the U.S. Highway 85 Access Management Plan. The triggers for roadway improvements agreed to by the applicant in the application will be included in the agreement. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners. B. The applicant shall submit a proposed gravel cross section for the access. The Department of Public Works will review the cross section and provide comments. C. The applicant shall submit a Lighting Plan to the Department of Planning Service, for review and approval. D. The applicant shall submit a Screening/Sound Barrier Plan to the Department of Planning Services, for review and approval. E. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR12-0065. 2) The attached Development Standards. 3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. 2013-0024 PL2199 SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC. PAGE 5 4) The approved Lighting Plan. 5) The approved Screening/Sound Barrier Plan. 6) County Roads (CR) 40 and 35 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full buildout. The applicant shall verify the existing rights -of -way and the documents creating the rights -of -way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future rights -of -way. If the rights -of -way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. 7) Show and label the approved access point on the Plat (will be provided). 8) Acknowledge the U.S. Highway 85 Access Management Plan. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.0 of the Weld County Code. 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 applicant shall be responsible for paying the recording fee. 3. 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. 2013-0024 PL2199 SPECIAL REVIEW PERMIT (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC. PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of January, A.D., 2013. ATTEST: Weld County Clerk to the Board Date of signature'AN 3 0 2013 BOARD OF UNTY COMMISSIONERS WELD�O OLORADO 2013-0024 PL2199 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, CIO A&W WATER SERVICE, INC. USR12-0065 1. A Site Specific Development Plan and Use By Special Review, USR12-0065, is for a Mineral Resource Development Facility, including Oil and Gas Support and Service (water hauling) in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. Written evidence of an adequate water supply shall be provided to the Weld County Department of Planning Services on, or before, June 30 of each year from the State Engineers Office, Division of Water Resources. In the event that water is not renewed for this well #76241-F, all activities pursuant to this USR12-0065 shall be suspended until such time, as written evidence is provided, that there is an adequate water supply. 4. Hauling hours (truck trips to and from the facility) shall be 24 -hours a day, seven (7) days a week. 5. No employees will be stationed on the site. 6. There shall be no parking or staging of vehicles on County roadways. 7. The maximum number of proposed trucks utilizing the site is 100 roundtrips per day. If the number of trucks exceeds this maximum, an amendment to this USR will be required, the Improvements and Road Maintenance Agreement shall be revised, and additional improvements will be required to mitigate the additional impact to the haul route. 8. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of storm runoff. 9. Pursuant to Chapter 15, Articles I and II, of the Weld County Code, if noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 10. 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. 2013-0024 PL2199 DEVELOPMENT STANDARDS (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC. PAGE 2 11. 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. 12. 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. 13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved Dust Abatement Plan, at all times. 14. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code. 15. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on the site for less than two (2) consecutive hours a day, portable toilets are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 16. 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 to the facility's Stonnwater Management System, in accordance with the Rules and Regulations of the Colorado Water Quality Control Commission, and the Environmental Protection Agency. 17. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 18. 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. Neither direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with, or construed as, traffic control devices. 19. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 20. Effective April 25, 2011, building permits issued on the property will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 2013-0024 PL2199 DEVELOPMENT STANDARDS (USR12-0065) - BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, CIO A&W WATER SERVICE, INC. PAGE 3 21. 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. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 24. 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. 25. 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. 26. 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. 27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat and recognized at all times. 2013-0024 PL2199 EXHIBIT INVENTORY CONTROL SHEET CASE USRCASE NO. - APPLICANT Exhibit Submitted By A. Planning Services B. C. D. E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. Tyler Page # Description Email from Surrounding Property Owner — Eric Ewing re: list of concerns pertaining to application (Received 6/30/2022) From: Eric Ewing <ewinghr@yahoo.com> Sent: Thursday, June 30, 2022 2:56 PM To: Diana Aungst <daungst@weldgov.com> Subject: USR12-0065 Concerns 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. Dear Ms. Aungst, Regarding USR12-0065, we have concerns regarding the following because the approved development standards and planned uses of the adjacent property will negatively impact the current uses of our property. 1. Hours of Operation 2. Traffic/Haul Route 3. Landscaping 4. Screening 5. Noise 6. Lighting 7. Dust 8. Air Pollution 9. Diesel Exhaust 10. Fire & Explosions 11. Communication plan with SPO's (New owners have been hard to get in touch with.) 12. Complaint hotline Sincerely, Eric Ewing 16974 C R 40 La Salle, CO 80645 970-347-7737 ewinghrtahoo.com Hello