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Home My WebLink About20211763.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING REQUEST FOR VACATION OF USE BY SPECIAL REVIEW PERMIT, USR12-0065 - BRUCE SANDAU AND 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, by Resolution dated January 2, 2013, the Board approved 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, for Bruce Sandau, Robert Sandau, and Bartels Family, LLC, do 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, 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, the Board of County Commissioners held a public hearing on the 7th day of July, 2021, at the hour of 9:00 a.m., in the Chambers of the Board for the purpose of hearing the request to vacate said USR12-0065, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, finds that this request be approved, and the matter should be continued to July 6, 2022, at 9:00 a.m., 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 possible amendments to the permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to July 6, 2022, at 9:00 a.m. 4753765 Pages: 1 of 2 09/08/2021 10:28 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Inhill IMICI itkA Wit "III cc:PL(CJA/TP), APPLS S to/ot /al 2021-1763 PL2199 CONTINUE (USR12-0065) - BRUCE SANDAU AND BARTELS FAMILY, LLC, C/O A&W WATER SERVICE, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dit,L) Weld County Clerk to the Board County Attorney Date of signature: Oq/?.7 4733765 Pages: 2 of 2 09/08/2021 10:28 AM R Fee:$0.00 Carly Koppes, Clsrk and Reoordsr, Weld County , CO 11111 Ste Moreno, Chair 2021-1763 PL2199 MEMORANDUM O1/ol TO: Board of Weld County Commissioners DATE: August 16, 2021 FROM: Esther Gesick, Clerk to the Board SUBJECT: Replace Erroneous Resolution re: USR12-0065 On July 7, 2021, the Board heard the request of Planning Services staff to vacate USR12-0065; however, at the hearing the property owner presented their request to retain the USR as an asset on the property for possible amendment by a potential buyer. The matter was continued to July 6, 2022, at 9:00 a.m., but unfortunately, instead of a standard continuance resolution, the draft resolution for vacation of the permit was erroneously sent out for Commissioners' signatures and later recorded on July 23, 2021, at Reception No. 4738515. To remedy this error, the attached Continuance Resolution and this memorandum will be recorded to explain and supersede the incorrect resolution. aoa1- kiCo3 PL��G9 RESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT, USR12-0065 - BRUCE SANDAU AND 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, 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, and Bartels Family, LLC, do 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, 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 in 2013, 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. 4738515 Pages: 1 of 2 07/23/2021 10:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII kirditilinflinifilillii0 FAiltiiilinDid If 7141, Yl+ AI III cc: pL COA/'rP), APPL.43 OIVOcpial 2021-1763 PL2199 VACATE USR12-0065 - BRUCE SANDAU, AND BARTELS FAMILY, LLC, C/O A&W WATER SERVICE, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d ) :el Weld County Clerk to the Board BY: APP Lori Sain County A orney Date of signature: 07/14 /2.J 473O15 Pages: 2 of 2 07/23/2021 10:49 AM R Fee:$0.00 CO Carly KopPes Clerk and Recorder, Weld County Steve /% eno, Chair S •� ' ames, Pro-Te rry L. B Mike Freeman 2021-1763 PL2199 MEMORANDUM To: Board of County Commissioners From: Diana Aungst, Planner II Subject: Vacation of USR12-0065 — Water Hauling Date: July 7, 2021 The Department of Planning Services received an email from a Surrounding Property Owner dated April 27, 2021 stating that USR12-0065 had not been built or operated since the approval in 2013. Since it has been more than three (3) consecutive years, a certified letter, dated April 30, 2021, was sent to the property owners asking that they request to vacate the Use by Special Review Permit per Section 23-2-290.B. which states: "A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years, the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the USE may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit." The property owners did not respond after 30 days so this case is being presented before the Board of County Commissioners for consideration of vacation per Section 23-2-290.D. which states: "In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated." The Department of Planning Services is recommending that this USR be vacated. If the Board of County Commissioners determines that there is good cause to not vacate the USR the Department of Planning Services recommends that the applicant meet with Planning Staff within 120 days to determine if the USR requires an amendment. Background information: Legal Description: SUBX12-0016; being a part of the SW4 of Section 25, T4N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 40 and east of and adjacent to County Road 35 January 30, 2013: USR12-0065 was approved by the Board of County Commissioners on January 30, 2013 2021-1763 IZI -PLZi R°) December 11, 2013: USR12-0065 was recorded on December 11, 2013 with the Weld County Clerk and Recorder. The USR map states, A Site Specific Development Plan and Use by Special Review Permit, USR12-0065, is for a mineral resource development facility, including oil and gas support and service (water hauling) in the A (Agricultural) Zone 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. • CASE NUMBER: • REQUEST: • OWNERS: • PLANNER: USR12-0065 VACATION BRUCE SANDAU AND BARTELS FAMILY LLC DIANA AUNGST REMAINDER RETAINED ELECTRONICALLY IN TYLER. • LEGAL DESCRIPTION: SUBDIVISION EXEMPTION, SUBX12- 0016, BEING PART OF THE SW1/4 OF SECTION 25, T4N, R66W OF THE 6TH P.M., WELD COUNTY, CO • LOCATION: NORTH OF AND ADJACENT TO COUNTY ROAD 40; EAST OF AND ADJACENT TO COUNTY ROAD 35 Vicinity Map WC R 40 t ti SITE T,r At WCR 38 Aerial SITE mow_ aLaiiiraTmlWarliSMIIMMEMOMMMINMEMEri--..-.- ilk io SITE uER:17-E105O >1 CH HIGH PRE S SUR E NAT GA S The location of the USR is on a Subdivision Exemption parcel. SITE �� • �.'t_ ---ice = sar C- 'Ca-i t e- , A i s - 1� f_ " i a WIF r t • • J . tar - Iff1 • • Arm• -FP a t _•4- • a t c 1 RD 40 j 7 a NIL t• erz -. r 400 1 • • % a -t - •a -j • • • is a ■- - loaf • _y -a k i:LL v. r40.4 Y p —:.-t-: 'R -rya- t Yti.-r - r - .11 4� SSS 3r SITE ..r 4.- TI :airy .r 'i T !. •C .• r ; sit tan,- _roar •, d ;all _6_ • } V .' -et _ art • T a s• a, r 2.0 • • a r tee a r r ale i 1.4 1 C J M1 • a. i Taal gal saw - k � s L • ;rifsti 4401 1,01•Itth, ,t3 e 11.7i�� USR12 0065 USE BY SPECIAL REVIEW USR 12 0065 PORTION !F THE SOUTHWEST QUARTER (SW 1/4) OF SECTION TWENTY—FIVE (5)., TOWNSHIP FOUR (4) NIORTH, KS? Co_Mli€k corm! SiEr1k i 2S, TAN., rids!* FEL CC 3 T ri.- .IL_WA&l,i chip anti 23.m- twist, Li 4., mu ti l OWNER: COAT' ROAD 35 (be' S I' Sii fl5T GHEE SECTWis a IAN., MIN. FOUND 3 1/C ALIJIiRMIA CAP Oft IS MAR Lt mow. me 1 RANGE SI T "'—SPX (66) WEST OF THE SOXTH (6TH) Palk ! SAN 'AU hi W '1f' E 240° NO' ItO111 <BOOK 4, 712) RAVEL 4 NATURAL (RAS5E 5 I 'xia' Sitgittg,i IMLEPSQLR147 / E' (MG BIER 'tli'1 6'' NISI '•:»S ' STRAW ELEQ Scriesthithc DAFRIER I MINIM-LI 'I S' NI 77C-75.21 (BOOK MI. PIMA nnn) S 461 45143r" E 06,14' T - r efi4L WAITER TAB 60' TUI:IIhbO RADII (flW) °QRTA PTT I:E, I ww _ .a iER:. SANDAL 0477vat to ass T SCALE' = 2oon` L$R O AR9r- .225 AC, O ER; SANDAU WATER!. INE W SCALE: 1" 20' &bawl(2'111" COUNTY ROAD 40 (60'ROW.) OVER BEFZIG PROPERTY DESCRIPTION A PAil t. +Si MU 1'Lr b PAW gi 1146. Kictintsi gall -ER if e] OF BE= ION TINEWIrr-FPJE (211),. T&M91-ih MIN rt10614 ('1 las Mum 5C fl-:31tC 'it[ :0,054 OF 1W flH PRtCP*. PAE?'lfl4 (MN PM . C4 WW 4:4r KID. TOTE OF CCLOC9400 440 PE 41 w?iaa PARTCULARD CESCRGED ?,7 F 01% Pitopoers ser StA'L HESS t'&s PIREMIT WISER A - 542.) TO WELL VICINITY MAIP , TO TiIE SOIL SLAV OF VIEW ICOUHnr PAS SITE $1 JAS SAL MK Art! Art, a t. carea. 4• Tim P'MeV; PArile 7r nit FIE NI gm Timm Stilt DIOR14.1.7T4 THE SO T4 SAC ST sT A ' * IC' t 151, G E . TMC FROPOSTh DE ELGPVENT was ?JOT . CCREz '; Arr ar THE DSTIC MIIMMAGE PLATTE R3I '7 nit 9 rc cm .MLIVICUN0NA T" In END OF VACATION USR12 0065 3983565 Pages: 1 of 2 12/11/2013 04:39 PM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County, CO lilt I�� IZlv�rl'ia�fitilf�Y �'��'�1irw��l�li�l1�.5 ,F�fi:i 'i i UI Ill ,SF BY AL RIV-W JSR 12 0065 A POTION OF THE SOUTHWEST QUATE. (SW 1/4) OF SECTIO\ TWE\TY-FIVE (25), TOWNSHIP FOUR (4) A AGE SIXTY-SIX (66) WEST OF THE SIXTH (6TH) P.M. SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS BRUCE SANDAU, ROBERT SANDAU, BARTELS FAMILY LLC, C/O A&W WATER SERVICE, INC. USR12-0065 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 1S 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. 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 STORMWATER 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. 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 23. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR 24. NECESSARY PERSONNEL FROM THE WELD COUNTY DEPARTMENTS OF THE ACTIVITIES CARRIED OUT ON THE PROPERTY COMPLY WITH THE 25. THE USE BY SPECIAL REVIEW AREA SHALL BE LIMITED TO THE DEVELOPMENT STANDARDS, AS SHOWN OR STATED, SHALL REQUIRE STANDARDS ARE PERMITTED. ANY OTHER CHANGES SHALL BE FILED 26. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR OF THE PERMIT BY THE BOARD OF COUNTY COMMISSIONERS. COMPLYING WITH THE DESIGN STANDARDS OF SECTION 23-2-240 OF THE WELD COUNTY CODE. COMPLYING WITH THE OPERATION STANDARDS OF SECTION 23-2-250 OF THE WELD COUNTY CODE. PLANNING SERVICES, PUBLIC WORKS, AND PUBLIC HEALTH AND ENVIRONMENT SHALL BE GRANTED ACCESS ONTO THE PROPERTY AT ANY REASONABLE TIME IN ORDER TO ENSURE CONDITIONS OF APPROVAL AND DEVELOPMENT STANDARDS STATED HEREIN AND ALL APPLICABLE WELD COUNTY REGULATIONS. PLANS SHOWN HEREON AND GOVERNED BY THE FOREGOING STANDARDS AND ALL APPLICABLE WELD COUNTY REGULATIONS. SUBSTANTIAL CHANGES FROM THE PLANS OR THE APPROVAL OF AN AMENDMENT OF THE PERMIT BY THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS BEFORE SUCH CHANGES FROM THE PLANS OR DEVELOPMENT IN THE OFFICE OF THE DEPARTMENT OF PLANNING SERVICES. COMPLYING WITH ALL OF THE FOREGOING DEVELOPMENT STANDARDS. NONCOMPLIANCE WITH ANY OF THE FOREGOING DEVELOPMENT STANDARDS MAY BE REASON FOR REVOCATION WELD COUNTY RIGHT TO FARM STATEMENT WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN THE UNITED STATES, TYPICALLY RANKING IN THE TOP TEN COUNTIES IN THE COUNTRY IN TOTAL MARKET VALUE OF AGRICULTURAL PRODUCTS SOLD. THE RURAL AREAS OF WELD COUNTY MAY BE OPEN AND SPACIOUS, BUT THEY ARE INTENSIVELY USED FOR AGRICULTURE. PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT THERE ARE DRAWBACKS, INCLUDING CONFLICTS WITH LONG-STANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL OF SERVICES THAN IN TOWN. ALONG WITH THE DRAWBACKS COME THE INCENTIVES WHICH ATTRACT URBAN DWELLERS TO RELOCATE TO RURAL AREAS: OPEN VIEWS, SPACIOUSNESS, WILDLIFE, LACK OF CITY NOISE AND CONGESTION, AND THE RURAL ATMOSPHERE AND WAY OF LIFE. WITHOUT NEIGHBORING FARMS, THOSE FEATURES WHICH ATTRACT URBAN DWELLERS TO RURAL WELD COUNTY WOULD QUICKLY BE GONE FOREVER. AGRICULTURAL USERS OF THE LAND SHOULD NOT BE EXPECTED TO CHANGE THEIR LONG-ESTABLISHED AGRICULTURAL PRACTICES TO ACCOMMODATE THE INTRUSIONS OF URBAN USERS INTO A RURAL AREA. WELL -RUN AGRICULTURAL ACTIVITIES WILL GENERATE OFF -SITE IMPACTS, INCLUDING NOISE FROM TRACTORS AND EQUIPMENT; SLOW -MOVING FARM VEHICLES ON RURAL ROADS; DUST FROM ANIMAL PENS, FIELD WORK, HARVEST AND GRAVEL ROADS; ODOR FROM ANIMAL CONFINEMENT, SILAGE AND MANURE; SMOKE FROM DITCH BURNING; FLIES AND MOSQUITOES; HUNTING AND TRAPPING ACTIVITIES; SHOOTING SPORTS, LEGAL HAZING OF NUISANCE WILDLIFE; AND THE USE OF PESTICIDES AND FERTILIZERS IN THE FIELDS, INCLUDING THE USE OF AERIAL SPRAYING. IT 1S COMMON PRACTICE FOR AGRICULTURAL PRODUCERS TO UTILIZE AN ACCUMULATION OF AGRICULTURAL MACHINERY AND SUPPLIES TO ASSIST IN THEIR AGRICULTURAL OPERATIONS. A CONCENTRATION OF MISCELLANEOUS AGRICULTURAL MATERIALS OFTEN PRODUCES A VISUAL DISPARITY BETWEEN RURAL AND URBAN AREAS OF THE COUNTY. SECTION 35-3.5-102, C.R.S., PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE FOUND TO BE A PUBLIC OR PRIVATE NUISANCE IF THE AGRICULTURAL OPERATION ALLEGED TO BE A NUISANCE EMPLOYS METHODS OR PRACTICES THAT ARE COMMONLY OR REASONABLY ASSOCIATED WITH AGRICULTURAL PRODUCTION. WATER HAS BEEN, AND CONTINUES TO BE, THE LIFELINE FOR THE AGRICULTURAL COMMUNITY. IT IS UNREALISTIC TO ASSUME THAT DITCHES AND RESERVOIRS MAY SIMPLY BE MOVED "OUT OF THE WAY" OF RESIDENTIAL DEVELOPMENT. WHEN MOVING TO THE COUNTY, PROPERTY OWNERS AND RESIDENTS MUST REALIZE THEY CANNOT TAKE WATER FROM IRRIGATION DITCHES, LAKES OR OTHER STRUCTURES, UNLESS THEY HAVE AN ADJUDICATED RIGHT TO THE WATER. WELD COUNTY COVERS A LAND AREA OF APPROXIMATELY FOUR THOUSAND (4,000) SQUARE MILES IN SIZE (TWICE THE SIZE OF THE STATE OF DELAWARE) WITH MORE THAN THREE THOUSAND SEVEN HUNDRED (3,700) MILES OF STATE AND COUNTY ROADS OUTSIDE OF MUNICIPALITIES. THE SHEER MAGNITUDE OF THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES. LAW ENFORCEMENT IS BASED ON RESPONSES TO COMPLAINTS MORE THAN ON PATROLS OF THE COUNTY, AND THE DISTANCES WHICH MUST BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT, AMBULANCE AND FIRE. FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND TO EMERGENCIES. COUNTY GRAVEL ROADS, NO MATTER HOW OFTEN THEY ARE BLADED, WILL NOT PROVIDE THE SAME KIND OF SURFACE EXPECTED FROM A PAVED ROAD. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDIVISIONS TO ARTERIALS MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM. SERVICES IN RURAL AREAS, IN MANY CASES, WILL NOT BE EQUIVALENT TO MUNICIPAL SERVICES. RURAL DWELLERS MUST, BY NECESSITY, BE MORE SELF-SUFFICIENT THAN URBAN DWELLERS. PEOPLE ARE EXPOSED TO DIFFERENT HAZARDS IN THE COUNTY THAN IN AN URBAN OR SUBURBAN SETTING. FARM EQUIPMENT AND OIL FIELD EQUIPMENT, PONDS AND IRRIGATION DITCHES, ELECTRICAL POWER FOR PUMPS AND CENTER PIVOT OPERATIONS, HIGH-SPEED TRAFFIC, SAND BURS, PUNCTURE VINES, TERRITORIAL FARM DOGS AND LIVESTOCK AND OPEN BURNING PRESENT REAL THREATS. CONTROLLING CHILDREN'S ACTIVITIES IS IMPORTANT, NOT ONLY FOR THEIR SAFETY, BUT ALSO FOR THE PROTECTION OF THE FARMER'S LIVELIHOOD. (WELD COUNTY CODE ORDINANCE 2002-6; WELD COUNTY CODE ORDINANCE 2008-13) NORTH, VICINITY MAP SCALE: 1" = 2000' PLANNING COMMISSION CERTIFICATION This is the certify that the Weld County Planning Commission has certified and does hereby recommend to the Board of County Commissioners, Weld County Colorado, for Its confirmation, approval and adoption this Ste Specific Da elopment Plan and Use by Special Review as shown and described thereon this day of D T LrA%L I, , 20 t Aaail Wel y fanning Commission This ie to certify that the Board of County Commissioners, Weld County, Colorado, does hereby confirm and adopt this Site - - - c Development Plan and Use by Special Review and Development Standards as shown and descrl-_ - is day of , 20 PROPERTY OWNER'S CERTIFICATION The undersigned major property owner(*) do hereby agree to the Site Specific Dave)Q�pment Plan and Use by Special Review Development Standards as described hereon this p`l% day of ),101)E 0ECZ 20 1 ?5 eZe r /S;A:.owc. idewe ,..1;i4e7/7/e Signature Signature Zw,Prz'L54;rZ f //e_ ziey Signature Signature DESCRIPTION z La a c La a: 0 J J CONSULTANTS, C U CO 80534 z en z z O 112 E. SOUTH 1ST STREET Ln O O N (f) Ct U.! w Q F— Z J a_ DEVELOPMENT F -- C%) W (O (Co W Z0 Q� a =0 F c0 0 0 Z R Z =O (/) Z 0-J W N DRAWING INFO. DESIGNER: KR/CD KR/OD DRAWN BY: APPVD. BY: KR/CD SCALE: AS SHOWN DATE: 10/29/13 11-020.001 JOB NO.: SHEET NO.: 1 OF 2 3983565 Pages: 2 of 2 12/11/2013 04:39 FPl R Fee:$21.00 Steve Moreno, Clerk and Recorder, weld County, CO ■Ill I"JIi�l #�IE��'tier'114,�Y ' 1 X41 � ��',bI�I��i +lYl�� liiiI A PORTION WEST QUARTER CORNER SECTION 25, T.4N., R66W. FOUND 3 1/4" ALUMINUM CAP ON 2 3/8" PIPE, LS 7242, 1991 OWNER: ULRIG+-� N z OF T JSH BY SDHCAL RI -1/ SR 12-0065 E SOUTHWEST QUARTER (SW 1/4) OF SECTION TWE\TY-FIVE (25), TOW A\GE SIXTY-SIX (66) WEST OF THE SIXTH (6TH) J.N OUJNE R: SANt ALA N ST° 0&'11" E 240' < > 30' R.O.W. (BOOK 43, PAC=E 212) GRAVEL. 4 NATURAL GRASSES I6'x6' STRAW SALE/SOUND SCREENING BARRIER MINIMUM S' l -I IG1-4 /\ 30' R.O.W. Hn 100'x' STRAW SALE/SOUND SCREENING BARRIER MINIMUM S' 1-11GI-4 0 0 u <20' \SHIP FOUR (4) NORTH, 5 4° 4e'43" E 20a14' TEN -20,000 COAL WATER TANKS (50'X110') 60' TURNING RADII (T''P.) F'ORTr4 Ii=OTTIE (500K Sro, PACE 213) <mow DER. <FLOW DER 0 OWNER: S,4ND,4U ROPOSED 120 LP 1S" CMP CUL VIA _ Li) COUNTY ROAD 42 2 P3 COON AAD40 /f J COUNTY ROAD 3$ VICINITY MAP SCALE: 1" = 2000' LiSR i5OLIND AR Y = 2.2 AC. OWNER: SANDAU WATERLINE TO WELL - SOUTHWEST CORNER SECTION 25, T.4N., R66W. FOUND 3 1/4" ALUMINUM CAP ON #6 REBAR, LS 37068, 2006 SCALE: 1" = 20' S ST 0& ' 11 " w COUNTY ROAD 40 (60' R.O.W.) OWNER: E -' I C PROPERTY DESCRIPTION PROPOSED 30' GRAVEL ACCESS (ACCESS PERMIT NUMBER AP12 -00342) A PARCEL OF LAND, BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP FOUR NORTH (T.4N.), RANGE SIXTY --SIX WEST (R.66W.) OF THE SIXTH PRINCIPAL MERIDIAN (6TH P.M.), COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 25 AND ASSUMING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25 AS BEARING NORTH 00'45'38" WEST BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2007, A DISTANCE OF 2640.17 FEET WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 00'45'38" WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25 A DISTANCE OF 280.00 FEET; THENCE NORTH 8706'11" EAST A DISTANCE OF 240.00 FEET; THENCE SOUTH 46'49'43" EAST A DISTANCE OF 208.14 FEET; THENCE SOUTH 00'45'38" EAST A DISTANCE OF 130.00 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE SOUTH 8706'11" WEST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25 A DISTANCE OF 390.00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 2.247 ACRES, MORE OR LESS (±), AND IS SUBJECT TO ANY RIGHTS -OF -WAY OR OTHER EASEMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND. NOTES 1) ACCORDING TO THE SOIL SURVEY OF WELD COUNTY THIS SITE IS DESCRIBED AS SOIL TYPE VONA AND IS LOAMY SANDS. 2) THE EXISTING TOPOGRAPHY OF THE SITE SLOPES FROM THE NORTHEAST TO THE SOUTHWEST AT A 1% TO A 1.5% GRADE. THE PROPOSED DEVELOPMENT WILL NOT ADVERSELY AFFECT THE EXISTING DRAINAGE PATTERN OF THE SITE OR SURROUNDING PROPERTIES. w F- I DESCRIPTION Z DATE w o: CONSULTANTS, W U CO 80534 z 0 tn x 0 112 E. SOUTH 1ST STREET O co en M 0 a w H Q a DEVELOPMENT PLAN U_ U w 0 (f) W to Z O ao O'a =0 c0 O z d- 0_ Z O (n U z O -I �._ LLI Z O F- U w DRAWING INFO. DESIGNER: KR/CD DRAWN BY: KR/CD APPVD. BY: KR/CD SCALE: AS SHOWN DATE: 10/29/13 11-020.001 JOB NO.: SHEET NO.: 2 of 2 O'JJNER: .JL1� 0-1 2S0' L I OU NE`: E41\1::),AL4 [2 401 GR4YEL NATURAL COF 4SSE� I I of Z�O II I. CI H= H ,rEN-2©,ZOO .s4L W ATER TANGS ,' O'X11la ) 2121 ll _,..„-r,„ /rut oe'` c'0T-IL/ EI2 \ H� - vl� 1�' ,l OLUNER: S4\2 AJ 101 comm. ROAD 42 L T SCALE: 1' = 2000' (FOR 24'x35') Js k OLNi�AR1 = 2.2 40. C)LJNE : sAN1_i,4L, AJATEFL [NE 120 LF IS` C1 -P CAL✓ERT_ SCALE: 1" = 20' (FOR 24'x36') 0OJNT1 0 sNE : ERIrx NE,TLL I) ACCQR.INC Ii. TIE SOL SUrv_er GF A=1❑ 0035' TI -IS S11E S ❑-52EINEFI AS 5.5 le --IT VONA ATE IS I CASS NApS. - EQSTINS II:PSCRAPNT (IF TI E S 1`_ 5_O -ES FaCN --.E NOR'JESST 't) TI'E ESUTH'NLSI A- A /. IC A -. `R GRADE. T-C=ROPOSLU :EVFI°FOL,-'NILI Vi:I ADVERSE Y A ELMS THE TOSS',l t: ;RCINTiE =ATTERN (:F -F.= SlID Cn 5..Rz UUNf)'NC PPUCFRTIE5. FROFO86:), 350' CSRAVEL AGCE`S (ACGES5 PERF'I` N0ME:M XXX) TO WEAL _WNINGGEATIFIcdTIPN the ce-tl,y wet Llem Wla Gmun. Ple-ning m_or E M• core coo reed m C!,At'y raccrmma ec ,Rey Cc.m eelo,sa le aadc, rcr Im m appp'cval and e m c p - oa spa aII Rooeou ee ere., e d m.cra d kanam .nla ®i.a ^_p 4ancccew�p=me.a.-r— le RCI elecre. aawd ca.., Plarr-'E cemmree cn F F Prm 6 QTY C.C1-1 1591CNEFb cERrIF =AI;GN r peee vE� ereryckat tow eoaro o c_uc ,e c �ew.y c dap: emulE-ads a een tow F o m3pacoleAcvew a lecmrr. Seemderm ae e.en anal a,nl, acrd or cove:, sere„aa<NoA.r a -,ER, WAD EC•vey cask rc dcard ! 3r' [_nCCrrcviEAlRC C F-7=lcDT a. oc., a v,a E,.p del Fv Ir mu Para pr-mty cws t., a deea�it� bmr Nle ADA 9P.AINc �av=. meC Ale. are L a ty cprcr 9ra ca de e. COURT ROAD 35 VICINITY MAP A&W WATER USR XXX H V) J d W 0 LL • GC Z CC CC 0• 10 UO > O -Dr W Z Z U_ L,. 05 = O of W Vl Q ZLo O-i ✓ Ln EM U Z D O V VU DRAWING INFO. DESIGNER: KR/Co DRAWN 9Y: KR/CD APROD. Br. KR/CD SCALE. AR SHOWN DATE: 7/I I/12 LOD 1,0 III-020.Er, $FEET N0.. 1 OF From: Diana Aunust To: Jan Warwick Cc: Tom Parko Jr.; Chloe Rempel; Jessica Reid; Esther Gesick Subject: RE: Termination of USR12-0065 Date: Thursday, June 10, 2021 12:24:54 PM Attachments: imaae002.Dna image003.png imaae004.Dna image005.png Jan: The address for A&W Water is: A&W Water c/o Jeff Wright 1892 Denver Avenue Fort Lupton, CO 80621 I just spoke with Jeff Wright and he has no concerns with the vacation of this USR. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weldgov.com www. weldgo v. com f e. 1100 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jan Warwick <jwarwick@weldgov.com> Sent: Thursday, June 10, 2021 9:50 AM To: Diana Aungst <daungst@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Jessica Reid <jreid@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: Termination of USR12-0065 Thank you Diana, I will amend my Certificate of Mailing and add them to the list. DEPARTMENT OF PLANNING SERVICES 1555 N. 17'" Avenue, Greeley, CO 80631 Email: daungst@co.weld.co.us Phone: (970) 400-3524 Fax: (970) 304-6498 June 14, 2021 A&W Water Services, Inc do Jeff Wright 1892 Denver Avenue Fort Lupton, CO 80621 Case Number: USR12-0065 Parcel Number: 1057-25-0-00-016 Subject: USR termination due to discontinuance of three (3) consecutive years Dear Mr. Wright, On January 30, 2013 Use by Special Review case no. USR12-0065 was approved by the Weld County Board of County Commissioners. It has been brought to our attention that the use has been discontinued for at least three (3) years. Per Code Section 23-2-290.D. this case will be brought before the Board of County Commissioners for consideration of vacation. The relevant code sections are the following: Section 23-2-290.B. and D. of the Weld County Code state: B. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years, the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the USE may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. D. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated. Per our conversation on June 10, 2021, you indicated that you have no concerns with the vacation of this USR. The hearing notification for this vacation will be sent to you soon. Staff will be recommending that this USR be vacated before the Board of County Commissioners. If you have any questions, please contact me at the above address or call (970) 400-3524. Regards, Planner File: USR12-0065 Sent certified mail DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Email: daungst@co.weld.co.us Phone: (970) 400-3524 Fax: (970) 304-6498 April 30, 2021 Bruce Sandau 23595 County Road 62 Greeley, CO 80631 Bartels Family LLC 3620 W. 10th Street Suite B #314 Greeley, CO 80634 Case Number: USR12-0065 Parcel Number: 1057-25-0-00-016 Subject: USR termination due to discontinuance of three (3) consecutive years Dear Mr. Sandau and Bartels Family LLC, On January 30, 2013 your application for a Use by Special Review case no. USR12-0065 was approved by the Weld County Board of County Commissioners. It has been brought to our attention that the use has been discontinued for at least three (3) years. Section 23-2-290.B. and D. of the Weld County Code state: B. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years, the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the USE may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. D. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated. Should you choose not to vacate this USR, the Department of Planning Services will need to be notified in writing of your decision prior to May 31, 2021, and a hearing before the Board of County Commissioner will be scheduled. If you chose to vacate the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Diana Aungst, 1555 N. 17th Avenue, Greeley, CO 80631, by May 31, 2021. If you have further question, please contact me at the above address or call (970) 400-3524. Regards, Planner File: USR12-0065 Sent certified mail DEPARTMENT OF PLANNING SERVICES 1555 N. 17'" Avenue, Greeley, CO 80631 Email: daungst@co.weld.co.us Phone: (970) 400-3524 Fax: (970) 304-6498 April 27, 2021 Department of Planning Services Attn: Diana Aungst 1555 N. 17th Avenue Greeley, Colorado 80631 Subject: USR12-0065 Vacation Dear Ms. Aungst, We, the Property Owners, wish to vacate Use by Special Review USR12-0065. Bruce Sandau Date Bartels Family, LLC c/o Brian Bartels Date Bartels Family, LLC c/o Nancy Bartels Date NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesic.k@weldgov.com. DATE: July 7, 2021 TIME: 9:00 a.m. APPLICANT: Bruce Sandau 23595 County Road 62 Greeley, CO 80631-9611 Bartels Family LLC 3620 W 10th Street, Suite B #314 Greeley, CO 80634 A & W Water Service, Inc. c/o Jeff Wright 1892 Denver Avenue Fort Lupton, CO 80621 REQUEST: Vacate, 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 LEGAL DESCRIPTION: 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, USR12-0065 LOCATION: North of and adjacent to County Road 40; east of and adjacent to County Road 35 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 25, 2021 PROPERTY OWNERS USR12-0065 VACATION Owner Bruce Sandau Bartels Family, LLC A & W Water Service, Inc., c/o Jeff Wright Address City 23595 County Road 62 Greeley 3620 W 10th Street, Suite B #314 Greeley 1892 Denver Avenue Fort Lupton State Zip CO 80631-9611 CO 80634 CO 80621 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice in accordance with the notification requirements of Weld County for Vacation of Case Number USR12-0065 in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 25th day of June, 2021. Janet M. Warwick Deputy Clerk to the Board U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only 9 1 U J J 3 -9 -R -R -R -R J n r R J r ci L r 1) 1 ti r r 11 D For delivery information, visit our website at www.usps.com= Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ • Return Receipt (electronic) $ • Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees z5 �stmark Here e PS Fcrm 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only SENDER: COMPLETE THIS SECTION For delivery information, visit our website at www.usps. Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ Certified Mail Restricted Delivery $ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postm Hen Sent To S City, t , ZIP-I-4 ri _ PS corm 3800, April 2G15 PSN 7530-02-000-9047 See Reverse f Irk 15ot. or Q � } , cr., 1(` l '1Sk, t� -� 2. Article Number (Transfer from service label) WS g0lf-3O 7017 1450 D000 9675 3184 • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: JamI.+�LLG 3731,773/40-1-itA): 011, �}.� �}e13LU) g�la�#aid U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only i 9590 9402 4445 8248 1202 57 COMPLETE THIS SECTION ON DELIVERY A. Signature x ❑ Agent El Addressee C. D e of De ery ry 2--r D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type O Adult Signature O Adult Signature Restricted Delivery D Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Insured Mail Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® 4 -fl egistered Mail TM ❑ Registered Mail Restrictec Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt For delivery information, visit our website at www.usps. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total Postage and Fees , 1,O0 41_ Sent To a. Street Lel sa OJriqM- orRQ BBY f'J Berk ✓� re City, pZI74' La -LA PS Form 3800, April 201 i PSN 7530-02-000-9047 SENDER- COMPLETE THISSECTION • • Complete 1terfis'1`, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Postm: Here • See Reverse f 1. Article Aadressed to: &JVIUT3IC u de,i'd iJr Jg%17C-1 kf I gq Lup+ol ?Otto?! I M 9590 9402 4445 8248 1202 33 COMPLETE THIS SECTION ON DELIVERY A. Signature x Ll�-Agent O Addressee B. Received by (Printed Name)(.14i C. Date of Delivery D. Is delivery address different from item 1? r❑ Yes If YES, enter delivery address below: O No �1 2. Article Number (Transfer from service label) • 7017 1450 0000 9675 3191 3. Service Type ❑ Adult Signature D Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect en Delivery Restricted Delivery Insured Mail insured Mail Restricted Delivery _ (over $500) ❑ Priority Mail Express® -Registered MaiITM ❑ Registered Mail RestrictE Delivery ❑ Return Receipt for Merchardise ❑ Signature Confirmation" O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt RESOLUTION RE: APPROVE 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 - 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, c/o 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. (PL,rPwi +h,( afp( ?s-71-13 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. Weil Permit #76241-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, C/O 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.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 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.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located in a rural area. 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.B.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, Go 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 SANDAL), 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.D 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, CIO 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. BOARD OF UNTY COMMISSIONERS WELD CO COLORADO ATTEST: Weld County Clerk to the Board BY Deputy Cle APP ttorney William F. Garcia, Chair Date of signatureJAN 3 0 2013 ougkasFRaacher, Pro-Tem eaniTr.- Conway 'ke Freeman }4.c.0 �c.. � , ,.fi. 4:—/i4 c rbara Kirkmeyer y 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 Stormwater 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. 16. 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, C/O 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 Hello