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Home My WebLink About20252422.tiffResolution Approve Revocation of Zoning Permit, ZPAG20-0022, for certain uses in the A (Agricultural) Zone District outside of subdivisions and historic townsites, specifically a private recreational facility (sports club) — Erica Walden Trust Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on November 3, 2020, the Department of Planning Services approved Zoning Permit, ZPAG20-0022, for certain uses in the A (Agricultural) Zone District outside of subdivisions and historic townsites, specifically a private recreational facility (sports club), and, being more particularly described as follows: Subdivision Exemption, SE -122; being part of the SW1/4 of Section 29, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Whereas, the Board has received a request from the current property owner, the Erica Walden Trust, 1030 County Road 15, Brighton, Colorado 80603, to revoke ZPAG20-0022, and Whereas, the Board heard all of the testimony and statements of those present, studied the request of the permit holder 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 accept said request. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that revocation of Zoning Permit, ZPAG20-0022, be, and hereby is, approved. Be it further resolved by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution in the records of the Weld County Clerk and Recorder. 5052246 Pages: 1 of 2 09/10/2025 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Pan IAA Bill CC ?L (DthAt4IDA f R), CA(1CMl), ASR. (s'), A PPL OR /19(9-S 2025-2422 PL2974 Revoke Zoning Permit, ZPAG20-0022 — Erica Walden Trust Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 3rd day of September, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5052246 Pages: 2 of 2 09/10%2025 01:13 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NM MEP Nehlel4X MA IA:(r '1 htiMPWsh II III 2025-2422 PL2974 MEMORANDUM 0 O COUNTY, CO Case Case Number Applicant To Board of County Commissioners From Diana Aungst, Principal Planner Subject Revocation of Zoning Permit, ZPAG20-0022, for certain uses in the A (Agricultural) Zone District outside of subdivisions and historic townsites, specifically a private recreational facility (sports club) Date September 3, 2025 ZPAG20-0022 Erica Walden Trust c/o Erica Walden 1030 County Road 15, Brighton, CO 80603 Parcel No 1469-29-0-00-001 Legal Subdivision Exemption SE -122, being a part of the SW4 of Section 29, Township 1, Description Range 67 West of the 6th P M , Weld County, Colorado Size of Parcel +/- 1 6 acres Location North of and adjacent to County Road 4, east of and adjacent to County Road 15 Summary ZPAG20-0022, was approved administratively on November 3, 2020, for a private recreational facility (sports club) [Jiu Jitsu academy] The ZPAG map was recorded on March 10, 2021, at reception number 4691395 The applicant also executed a Road Maintenance Agreement on January 25, 2021 The Department of Planning Services received an email dated June 30, 2025, stating that the SOLFLO Jiu Jitsu academy (private recreational facility) closed on May 31, 2025, and is no longer operating Based on this information the Department of Planning Services is requesting that this ZPAG be revoked ZPAG20-0022 I Walden Page 1 of 1 COUNTY, CO aerfie August 5, 2025 Erica Paige 1030 County Road 15 Brighton, CO 806038940 DEPARTMENT OF PLANNING SERVICES (970) 400-6100 1402 N 17'" Avenue Greeley, CO 80632 Case Number: ZPAG20-0022 Parcel Number: 1469-29-0-00-001 Address: 1030 County Road 15, Brighton, CO 806038940 Legal Description: Part of the SW4 of Section 29, Ti N, R67W of the 6th P.M., County of Weld, CO Dear Ms. Paige: This is a courtesy letter to notify you that the request for revocation for ZPAG20-0022 has been received. The email dated June 30, 2025 stated that the Jiu Jitsu Academy is permanently closed. The Planning Department is reviewing the road maintenance agreement and the revocation of the land use case: ZPAG20-0022. Per Section 23-4-1240.G. The Director of Planning Services may revoke a zoning permit if the USE is discontinued for a period of three (3) consecutive years. Should the Department of Planning Services observe or receive credible evidence of such a discontinuance, the Department shall notify the property owner by first-class mail. If the property owner objects to the revocation of the zoning permit within thirty (30) days, the Director of Planning Services may schedule a public hearing before the Board of County Commissioners for its review and decision. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. The hearing to consider revocation is scheduled for September 3, 2025, before the Board of County Commissioners (BOCC). The hearing is located at 1 150 "O" Street, Greeley, CO 80631 in the Board Room at 10:00 a.m. If you have any questions you may contact me at daungstcaiweld.gov or 970-400-3524. Sincerely, vsroc Diana Aungst, AICP, CFM Principal Planner From: E W <ewah8711(a�gmail.com> Sent: Monday, June 30, 2025 1:33 PM To: Jazmyn Trujillo Martinez <:trujillomartinez(a�weld.gov> Cc: Dawn Anderson <dranderson@weld.gov>; Ryan Walden <303grappler@gmail.com>; Maxwell Nader <mnader(a�weld.gov> Subject: Re: ZPAG20-0022 This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information, clicking links, or downloading attachments until their identify is verified. This is a permanent closure of the jiu jitsu academy. Thanks Jasmine Erica Paige 720.626.4518 On Mon, Jun 30, 2025 at 11:52 AM Jazmyn Trujillo Martinez <jtrujillomartinezgweld.gov> wrote: Good morning. Erica, Thank you for reaching out. As you may remember, the Road Maintenance Agreement is tied directly to a Zoning Permit in the Agricultural Zone District (ZPAG20-0022), which has its own set of requirements set forth by the Department of Planning Services. Do you anticipate utilizing the jiu jitsu site for another business in the future or is this a permanent closure of the jiu jitsu use? Best. Jazmyn Trujillo -Martinez Development Review Planning Services Desk: 970-400-3711 P.O. Box 758, 1402 N 17th Avenue, Greeley, CO 80632 fix oo Join Our Team IMPORTANT: 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. 4794833 01/18/2022 03 50 PM Total Pages 1 Rec Fee $13 00 Carly Koppes - Clerk and Recorder, Weld County , CO SPECIAL WARRANTY DEED THIS DEED, made on January 14, 2022 between Enca Paige Walden, Grantor, and The Erica Walden Trust, Dated January 14, 2022, whose legal address is 1030 County Road 15, Brighton, CO 80603, Grantee, WITNESS, that the Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its heirs, and assigns forever, all the real property, together with improvements, if any, situate, lymg and being in the County of Weld and State of Colorado, described as follows A PART OF THE SOUTHWEST ONE -QUARTER OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 8T WEST OF THE 8TH P q , WELD COUNTY, COLORADO, IMRE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28 THENCE NORTH 00.00'00• WEST ALONG THE WEST UNE OF SAID SOUTHWEST ONE QUARTER, A DISTANCE OF 271.00 FEET, THENCE SOUTH 88.48'10 EAST PARALLEL WITH THE SOUTH UNE OF SAID SOUTHWEST ONE -QUARTER, A DISTANCE OF 32500 FEET, THENCE SOUTH 00.00'00' EAST PARAI1EL WITH SAID WEST LINE SOUTHWEST ONEQUARTER A DISTANCE OF 27100 FEET TO A POINT ON THE SOUTH UNE OF SAID SOUTHWEST ONE QUARTER, THENCE NORTH 88'48'10 WEST ALONG SAID SOUTH UNE, A DISTANCE OF 32500 FEET TO THE BEGINNING COUNTY OF WELD, STATE OF COLORADO also known by street and number as 1030 County Road 15, Brighton, CO 80603 DEED FOR TITLE PURPOSES ONLY, NO DOCUMENTARY FEE REQUIRED TO HAVE AND TO HOLD the same, together with all and singular and appurtenance and pnvileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, ,benefit and behoof of the Grantees, their heirs and assigns forever The Grantors, for themselves and their heirs, and personal representatives or successors, do covenant and agree that they shall and will warrant the above -bargained premises against defects ansmg during the period m winch the grantor owned the property IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above As used herein, the smgular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders To the extent that the real property descnption contained m this deed is incomplete, incorrect or not legally sufficient, the properly hereby conveyed is the same property conveyed at Recording No 4606846 the real property records of Weld County, State of Colorado Enca Paige Walden, Grantor The foregoing instrument was acknowledged before me on January 14, 2022 in Adams County, Colorado, by Enca Paige Walden, Grantor Witness my hand and official seal Publ� ANDREW ST PIERRE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194022989 MY COMMISSION EXPIRES JUNE 17 2023 i� LAND USE APPLICATION SUMMARY SHEET Planner Michael Hall Hearing Date Director Approval Case Number ZPAG20-0022 Applicant Franklin Corbin, Ill and Erica Paige Walden 1030 County Road 15, Brighton, CO 80603 Request Zoning Permit for certain uses in the A (Agricultural) Zone District outside of subdivisions and historic townsites, specifically a private recreational facility (sports club) Legal Subdivision Exemption SE -122, being a part of the SW4 of Section 29, Township 1, Description Range 67 West of the 6'h P M , Weld County, Colorado Location North of and adjacent to County Road 4, east of and adjacent to County Road 15 Size of Parcel +/- 1 6 acres Parcel No 1469-29-0-00-001 The criteria for review of this Special Review Permit is listed in Section 23-4-1200 of the Weld County Code The Department of Planning Services' staff has received referral responses with comments from the following agencies • United Power, referral dated September 30, 2020 ® Weld County Department of Public Works, referral dated September 3, 2020 • Weld County Department of Public Health and Environment, referral dated September 24, 2020 The Department of Planning Services' staff has received referral responses without comments from the following agencies • Adams County, referral dated September 15, 2020 • City of Dacono of referral dated September 16, 2020 ® City of Northglenn, referral dated September 2, 2020 City and County of Broomfield, referral dated September 16, 2020 • Weld County Zoning Compliance, referral dated September 2, 2020 • Weld County School District RE -8, referral dated September 15, 2020 The Department of Planning Services' staff has not received responses from the following agencies • Thompson Ditch • Brighton Fire Rescue District • Weld County Assessor's Office • West Adams Conservation District • Mountain View Water Users Association • Weld County Department of Building Inspection ZPAG20-0022 - Walden Page 1 of 9 Case Summary The applicants are requesting a Zoning Permit for certain uses in the A (Agricultural) Zone District outside of subdivisions and historic townsites, specifically a private recreational facility (sports club), permitted under Section 23-3-35 V of the Weld County Code The facility will be utilized by SOLFLO Collective, a Colorado non-profit corporation for a jiu jitsu club A proposed 3,000 square foot metal structure will be constructed in which the club will be conducted, including a restroom facility A portion of the proposed structure will also contain personal storage, a home gym and garage space The site also contains a residence (formerly the Weld County School District No 43 Mountain View Schoolhouse) in which the jiu jitsu club owners live and other accessory outbuilding, not related to the Zoning Permit activities The club will be open year-round with a classes occurring on a maximum of four (4) days per seven (7) day week, with an approximate class length of two (2) hours per day Classes shall be conducted anytime within the daytime interval of 8 am to 8 pm Up to five (5) volunteers may assist during classes Approximately fifteen (15) to thirty (30) participants are expected for a class No more than thirty-five (35) persons will be on -site at a given time, this maximum number is expected to occur infrequently for belt ceremonies and occasional club member gatherings Ten (10) standard and one (1) handicap dimensioned gravel parking stalls are proposed Limited building - mounted lighting is proposed, similar to the existing lighting on the residence and outbuildings A wooden privacy fence is proposed between -the club structure and the residence No signage is proposed No exterior operations or storage is proposed One (1) access point serves the property from County Road 15 An existing southern point, also accessing onto County 15, immediately north of the County Road 4 intersection will be closed and reclaimed The Department of Planning Services' staff recommends that this request be approved for the following reasons The submitted materials are in compliance with the ZPAG application requirements of Section 23- 4-1220 of the Weld County Code 2 The proposed request is in compliance with the ZPAG criteria requirements of Section 23-4-1200 of the Weld County Code Pertinent processing information includes A Section 23-4-1200 A 1 -- 1 The subject property is a Legal Lot The subject Zoning Permit will be located on a parcel created by Subdivision Exemption SE - 122, via Board of County Commissioners Resolution on September 15, 1980, reception number 1836104, for the purpose of a lot line adjustment and also shown as a parcel excluded from the adjacent Recorded Exemption RE -3780, which surrounds the subject parcel The subject lot was originally one (1) acre, created by deed, recorded February 5, 1907, per Book 254, Page 111 (reception number 116702) for the School District No 43 Mountain View School The parcel was then conveyed back to the granting landowner heirs by deed, recorded January 31 1979, reception number 1780454 and whereas SE -122 increased the subject lot size to reflect the assumed school parcel boundary, thereby formerly documenting the lot as it still exists in the present configuration of approximately two (2) acres, or 1 6 acres less right-of- way B Section 23-4-1200 A 4 -- Adequate water and sewage disposal facilities, as applicable, shall be available There is currently water and septic service being provided to the property Mountain View Water Users Association (MVWUA) provides domestic water The applicant submitted a MVWUA letter dated August 5, 2020, which states there are no issues with providing water service for the proposed use and adding a restroom for sports club in the new building Septic permit G- 199940475 serves the existing residence The applicant submitted an Engineering Report dated August 28, 2020, for a new on -site wastewater treatment system design to serve both ZPAG20-0022 - Walden Page 2 of 9 the residence and sports club, designed for fifty (50) students per week, including the need for a larger septic tank C Section 23-4-1200 A6 -- The proposed use is compatible with the character of the neighborhood The jiu jitsu facility will conduct classes for members of the non-profit club and will not include any activity that may disturb or be viewable from surrounding properties Because the primary use of the property will continue to be a private residence and the proposed classes are limited in size and frequency, this proposal is expected to be compatible with the surrounding community The Cities of Dacono and Northglenn, City and County of Broomfield and Adams County had no concerns with this proposal, as documented in the relevant referral responses The surrounding land uses are predominately rural residential and agricultural Planning staff sent notice to seven (7) surrounding property owners within five -hundred (500) feet Two (2) letters were received back, one (1) in opposition and one (1) in support of the proposal The letter in opposition included concerns with traffic, signage, hours of operations, client count, liability and lack of public hearing No comments were included with the letter of support One (1) phone call was received with general questions and comments about the proposal but with a neutral stance The nature of the project and proposed Development Standards will adequately protect the health, safety and, welfare of the community Specifically, the controls on number, of.members and hours of operation are anticipated to mitigate potential nuisances of the club , 3 The, proposed request is in compliance with the Operation Standards requirements of Section 23- 4-1210 of the Weld County Code This recommendation is ,based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities The Department of Planning Services' staff recommendation for approval is conditional, upon the following 1 Prior to recording the map - A The applicant shall attempt to address the comments of United Power, as stated in the referral response and letter dated September 30, 2020 Written evidence of such shall be submitted to the Weld County Department of Planning Services B The applicant shall address the concerns of the Public Works Referral, dated September 3, 2020, relating to the proposed access location C A Road Maintenance Agreement is required at this location Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes D The existing On -Site Wastewater Treatment system permitted as G19940475 shall be upgraded according to the NOCO Engineering Company report and the Weld County On - Site Wastewater Treatment System Regulations Written evidence of such shall be submitted to the Weld County Department of Planning Services E The Zoning Permit Plan shall be amended to include the following 1 All sheets of the plan shall be labeled ZPAG20-0022 ZPAG20-0022 - Walden Page 3 of 9 2 The attached Development Standards " 3 The accurate legal descnption of the subject property and documents creating the property 4 Show and label existing and proposed structures and approximate distances to the nearest property lines 5 Show and label other existing and proposed improvements including the Thompson Ditch 6 Show and label the location of any dumpster and/or trash enclosure 7 Show and label existing and proposed landscaping, screening and fencing 8 Show and label existing and proposed parking areas, including surface material, number, and dimensions of spaces and drive aisles Parking shall comply with Article IV, Division 1, of Chapter 23, as applicable 9 The Zoning Permit Plan shall bear the certifications per Section 23-4-1220 C 7 of the Weld County Code 10 County Road 15 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of- way This road is maintained by Weld County 11 County Road 4 is a gravel road and is designated on the Weld County Functional Classification,Map as a local road, which requires 60 feet of right-of-way at full buildout _ The applicant shall delineate and label on the site map or -plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road All setbacks shall be measured from the edge of right-of- way This road is maintained by Weld County 12 Show and label the approved access location, approved access width and the appropriate turning radii on the site plan The applicant must obtain an access permit in the approved location prior to construction 13 Show and label the entrance gate if applicable An access approach that is gated shall be designed so that the longest vehicle (including traders) using the access can completely clear the traveled way when the gate is closed In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet 14 Show and label the drainage flow arrows 15 Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property 3 The applicant shall submit one (1) electronic copy ( pdf) of the plan for preliminary approval to the Weld County Department of Planning Services Upon approval of the plan the applicant shall submit a Mylar plan along with all other documentation required as Conditions of Approval The Mylar plan shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services prior to commencement of the use or construction The applicant shall pay the recording fee r\ ZPAG20-0022 - Walden 1 Page4of9 If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown. upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied Prior to Construction: A. The approved access shall be constructed prior to on -site construction. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. The Zoning Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property until the Zoning Permit is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant as.�een approved for an early release agreement By: Tom Parko, Planning Director %fl Date: ZPAG20-0022 - Walden Page 5of9 // ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT DEVELOPMENT STANDARDS Corbin & Walden SOLFLO Collective ZPAG20-0022 1 Zoning Permit, ZPAG20-0022, for certain uses in the A (Agricultural) Zone District outside of subdivisions and historic townsites, specifically a private recreational facility (sports club), subject to the Development Standards stated hereon 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code 3 The Zoning Permit may permit any indoor use of a private recreational facility considered a sports club in nature 4 Classes may be conducted on a year-round basis 5 Classes may be conducted up to four (4) days per week 6 Classes may be conducted during the hours of 8 00 am to 8 00 pm 7 Classes are limited to thirty (30) members, not to exceed an average of fifty (50) members per week 8 Member gatherings, exclusive of classes, shall not exceed thirty-five (35) members at any given time and are limited to once per calendar month 9 No Zoning Permit activities shall be held outdoors 10 The member parking area on the site shall be maintained including ten (10) regular and one (1) handicap accessible parking stalls 11 The site shall remain HI cornplidniue wills Briylituii File Resuue Disliist 12 The proposed and existing landscaping and screening on the site shall be maintained 13 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code 14 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code 15 The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking 16 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized 17 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement 18 The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement 19 The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates 20 The historical flow patterns and runoff amounts on the site will be maintained ZPAG20-0022 - Walden Page 6 of 9 21 Weld County is not responsible for the maintenance of onsite drainage related features 22 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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 23 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, 30-20-100 5, C R S 24 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code 25 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations 26 Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at all times A permanent, adequate water supply shall be provided for drinking and sanitary purposes 27 Any On -site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems 28 Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be used which may be confused with, or construed as, traffic control devices 29 The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code 30 Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code A building permit application must be completed and submitted Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has been adopted by Weld County 2018 International Building Codes, 2018 International Residential Code, 2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code A plan review shall be approved, and a permit must be issued prior to the start of construction 31 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 32 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 33 The Zoning Permit area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations Changes from the plans or Development Standards, as shown or stated, require the written approval of an amendment of the Permit by the Weld County Planning Services Department before such changes from the plans or Development Standards are permitted A revised map may be required to be submitted, approved, and recorded ZPAG20-0022 - Walden Page 7 of 9 34 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 35 The property owner, operator or successor shall be responsible for acknowledging and complying with Section 23-4-1240 of the Weld County Code 36 Section 23-4-1240 E of the Weld County Code states "Construction or use pursuant to issuance of a zoning permit shall be commenced within three (3) years from the date of approval of the permit A one-time extension of one hundred twenty (120) days may be granted by the Department of Planning Services for good cause shown by written request Before this extension has expired, the applicant may seek a further extension -from the Board of County Commissioners by written request to the Director of Planning Services If the Board of County Commissioners denies the extension or if construction has not commenced by the date specified by the Board, the zoning permit approval shall be voided, and the application denied " 37 Section 23-4-1240 F of the Weld County Code states "Any zoning permit may be revoked by the Board of County Commissioners for violation of any of the terms of this Division 17 or conditions of approval of the zoning permit following a Probable Cause Hearing as outlined in Section 2-4-40 of this Code If the zoning permit is revoked, the property owner shall cease operation of the use immediately Continued operation of the use after a zoning permit has been revoked shall be a violation of this Code " 38 Section 23-4-1240 G of the Weld County Code states "The Director of Planning Services may revoke a zoning permit' if the use is discontinued for a period of three (3) consecutive years Should the Department of Planning Services observe or receive credible evidence of such a discontinuance, the Department shall notify the property owner by first-class mail If the property owner objects to the revocation of the zoning permit within thirty (30) days, the Director of Planning Services may schedule a public hearing before the Board of County Commissioners for its review and decision The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing " 39 Section 23-4-1240 H of the Weld County Code states "The Department of Planning Services may permit minor amendments to an approved zoning permit without a complete application for a new zoning permit, notification to surrounding property owners, or referral to agencies The applicant shall provide a written summary of the proposed amendment(s) and any other documentation required by the Department of Planning Services An increase of ten (10) percent or more in impervious surface area or an increase of ten (10) percent or more in traffic shall not be considered a minor amendment If the Director of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a new zoning permit " 40 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 41 WELD COUNTY'S 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, fly ZPAG20-0022 - Walden Page 8 of 9 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 of 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 is 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, sandburs, 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 ZPAG20-0022 - Walden Page 9 of 9 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE BOCC Agenda Item - Approve Road Maintenance Agreement for: SOLFLO Collective c/o Erica Walden — ZPAG20-0022 DEPARTMENT Public Works DATE. November 19, 2020 PERSON REQUESTING Jazmyn Trujillo -Martinez Brief description of the issue: The Department of Public Works received a request from the applicant, SOLFLO Collective c/o Enca Walden, requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for (ZPAG20-0022) No collateral is required with this agreement Weld County Public, Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the following o All Public Works related items, of the "Road Maintenance Agreement According To Policy", are found to be acceptable a This Agreement complies with the terms of the ZPAG Permit conditional' approval, as signed by the Director of Planning Services What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1 The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Road Maintenance AgreementAccording,To Policy for ZPAG20-0022, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda Mike Freeman, Chair Scott K James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D Ross Approve Recommendation voa -Vivi akA Schedule as Regular BOCC Hearing Item Other/Comments CC; Pw(DP,isTM/iL/r9), Pl &tR/MH) off./i l /a l40,450. - CA 1 �/) Az/ h2/..2-1 2021-0327 Karla Ford From: Sent: To: Subject: Steve Moreno Wednesday, November 25, 2020 8:01 AM Karla Ford Re: Please Reply BOCC PA REVIEW - ZPAG20-0022 — SOLFLO Collective c/o Erica Walden Approve Sent from my iPhone On Nov 25, 2020, at 7:52 AM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Karla Ford X Office Manager, Board of Weld County Commissioners 1 150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(c_weldgov.com :: www.weldgov.com :: **Please note my working hours are Monday -Thursday 7:00a,m.-5:00p.m.** ' Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. if you hove received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Jazmyn Trujillo Martinez <jtruiillomartinez@weldgov.com> Sent: Tuesday, November 24, 2020 2:34 PM To: Cheryl Hoffman <choffman@weldgov.com>; Dawn Anderson <dranderson@weldeov.com>; Elizabeth Relford <erelford@weldgov.com>; Esther Gesick <egesick@wetdgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Karla Ford <kford@weldgov.com>; Trace Anderson <tnderson@weldgov.com> Subject: BOCC PA REVIEW - ZPAG2O-OO22 — SOLFLO Collective c/o Erica Walden ATTACHED BOCC PA REVIEW Improvements Agreement: Road Maintenance Agreement Case/Applicant: ZPAG2O-OO22 — SOLFLO Collective c/o Erica Walden Please note: Consent Agenda Thank you! Best, Jazmyn Trujillo -Martinez ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS SOLFLO Collective, c/o Erica Walden — ZPAG20-0022 THIS AGREEMENT is made this 2'S day of 7021, by and between SOLFLO Collective c/o Erica Walden, whose address Is 1030 County R d 15 Brighton Colorado 80603, hereinafter reterred to as `Property Owner,' authorized to do business in the State of Colorado and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 'O" Street Greeley Colorado 80631 hereinafter referred to as ` County" WITNESSETH WHEREAS Property Owner is the owner of the following described property in the County of Weld Colorado Subdivision Exemption SE -122 being a part of the SW 1/4 of Section 29, township 1 North Range 67 West of the 6th PM , Weld County Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received the Director of Planning Services conditional approval of ZPAG20-0022, and WHEREAS Property Owner acknowledges that the final approval of ZPAG20-0022 is conditional upon Property Owner s funding of road maintenance described in this Agreement NOW THEREFORE IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows PARr 1 SITE SPECIFIC PROVISIONS O A Travel Routes The Property Owner shall be financially responsible for its proportional share ot the County s costs associated with maintaining and/or improving designated travel routes 1.0 Travel Routes The following roads are designated as travel routes for the Property I) Last and west along CR 4 between CR 13 and CR 15 2) North and south along CR 15 between CR 4 and CR 6 2.0 Traffic shall enter and exit the site at the approved access on CR IS' and travel to the nearest paved road for turther dispersal Any County roads used by traffic associated with ZPAG20-0022 may become part of the established travel routes 3.0 Weight Limits No travel vehicles may exceed CDOT required speutications for pounds per axle and axle configurations unless ooerweight permits have been applied for and granted 4 0 R,mporary Deviations In unusual or rare occasions, it protects mandate deviation from the abovententioned travel route for a limited period (six months or less), Weld County Public Works may authorize in writing the deviation In that circumstance travel vehicles will utilize paved county roads whenever possible A deviation from the established travel route lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the travel routes designated herein and provide notice to the Property Owner 5.0 Travel Route Signage Property Owner shall install travel route signs if applicable as per Manual of Uniform traffic Control Devices standards at all exit points of the Property which can he clearly seen by drivers leaving the facility and which clearly depot Coot! approved travel routes 6 0 No Deviation from Permitted Travel Routes Except as authorized by the Board pursuant to this Agreement no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior wirtten amendment ot this Agreement B Maintenance Requirements rTh 1 0 Off site recurring maintenance, it applicable 2 0 Dust Control Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated travel routes after commencement of operation The amount and extent of dust control will be determined by site -specific conditions at the time as determined exclusively by County personnel Dust abatement along the relevant travel routes is expected to occur approximately two to five times per year Dust abatement is required for roads with more than 200 vehicles per day, per Section 86100 of the Weld County Code 2 1 Dust Control During Construction If necessary, as determined by the County, the Property Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control by a contractor approved by Weld County Public Works during the construction period of the development 3 0 Repair Property Owner shall be financially responsible for its proportional share of excavation, patching and pavement repair on designated travel routes The amount and extent of repair and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel 4 0 Need for Immediate Re ap irs In the event of damage to a designated travel route by protect traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage ), County shall, after inspection, notify Property Owner of such Significant Damage Property Owner shall identity the repair required and shall consult with County on the extent, type, timing materials and quality of repair (i a temporary versus permanent) within twenty -tour (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours atter receipt of such notice If Property Owner identifies Significant Damage prior to receiving notice thereof from County Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i a temporary versus permanent) 5 0 Repair of Road On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular travel route road portion will require paving measures in order to protect the public health safety and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County, shall notify Property Owner in writing that the Ott -Site Improvements/Repairs shall be undertaken 5 1 In County's sole discretion, County may undertake the repairs and/or improvements Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement Property Owner will be invoiced accordingly for those proportional share costs 6 0 Calculation of Property Owners Proportional Share of Costs The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated travel routes Prior to County's trial determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology and determinations The County shall review and consider Property Owner's input prior to making a final determination and assessment The County shall have sole responsibility for determination of Property Owner's proportional share of costs Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County 7 0 Annual Road Inspection County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are iequtred by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season Notification to the Property Owner of the required roadway O O repairs will be given as soon as the data become available 8 0 Notification The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance repair or improvements to Property Owner s designated travel routes Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology and determinations The County shall review and consider Property Owner's Input prior to making a final determination and assessment PART II GENERAL PROVISIONS A. Permits Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to 1.0 Access Permits Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Public Works Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code 2 0 Right-of-Way.ROW) Permits Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works No work shall occur without said ROW permit 3.0 Transport Permits Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner B. Enforcement and Remedies 1.0 Violation of Terms of Agreement If in County s opinion Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation Property Owner shall have Sliest (15) days within which to either cure the violation or demonstrate compliance It, after fifteen (15) days have elapsed County believes in good lath that the violation is continuing, County may consider Property Owner to be in breach of this Agreement 2.0 Remedies for Breach by Property Owner In the event that County determines that Property Owner has violated the terms of this Agreement, and has tailed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity 2 1 Withholding Permits County may "lock any or all lots within the Property which precludes the continued issuance of building permits zoning permits, septic permits, or any other permit issued by any department of the County 2 2 Court Action County may seek relief in law or equity by fling an action in the Weld District Court or Federal District Court for the Distinct of Colorado except that no such civil action or order shall be necessary to access collates al for the purpose of completing improvements as described above 2 3 Revocation of ZPAG Permit Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the ZPAG, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code 3 0 Termination of Agreement This Agreement shall terminate upon the earliest of the following events 3 1 Failure to Commence County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-4-1240 However County may still exercise all necessary activities tinder this Agreement that the County determines necessary to protect the health, safety and welfare of the residents of Weld County 3 2 Cessation of all Permit Related Activities Termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the ZPAG including any clean up or restoration required A partial cessation of auivrttes shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination Unless informed in writing by the Property Owner of cessation of activities, and verified by the County, cessation shall only he presumed If the County determines that the ZPAG has been inactive for three (3) years 3 3 Execution of Replacement Agreement This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property owner or operator who has purchased the Property or has assumed the operation of the business permitted by the ZPAG, and intends to make use of the rights and privileges available to it through the then existing ZPAG 3 4 Revocation of ZPAG This Agreement shall terminate following County's revocation of Property Owner's ZPAG, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner tails to complete such improvements D General Provisions 1.0 Successors and Assigns 1 I Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned Consent to a delegation or an assignment will not be unreasonably withheld by County In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a nets Improvements Agreement with the successor owner of the property 12 County s rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement 2.0 Severabtlity_ if any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent lutisdictton, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 3.0 Governmental Immunity_ No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act bb24-10-101 et seq , as applicable now or hereafter amended 4 0 No Third -Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing to this Agreement shall give or allow any clams or right of action whatsoever by any other person not included in this Agreement it is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 5 0 Entire Agreement/Modifications This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement This Agreement may be changed or supplemented only by a written instrument signed by both parties 6 0 Board of County Commissioners of Weld County Approval This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 7 .0 Choice of Law/Jurisdiction Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or federal District Court for the District of Colorado Shall have exclusive { 0 O jurisdiction to resolve said dispute 8.0 Attorneys' Fees/Legal Costs In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney tees and/or legal costs incurred by or on its own behalf 9.0 Release of Liability Property Owner shall indemnify and hold harmless the County from any and all ltahthty loss and damage County may sutler as a result of all suits, actions, or claims of every nature and description caused by, arising from or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding Section 70 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health 1 10.0 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra- judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall he null and void 11 0 Authority to Sign Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms it requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request 12 0 Acknowled ig Went County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control in the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control PROPERTY OWNER SOLFLO Collective do Erica Walden By, O t'l Cc` l/Ja.ka,e,n Name "IJ 6 ------ lulls anWY,-CLA— STATE OF COLORADO SS Countyof 90404,r Date //Zsl2r The, foregoing instrumutl was acknowledged before me this_al day of %A h Aty 2021. by t/"'►C.&L 111ld ti WITNESS my hand and official seal WELD COUNTYdirifeki ATTEST: W Weld ►ou ty Clerk to BY: SLGFLO Collective c/o Erica Walden — ZPAG20-0022 - RMA20-0066 Page 2 of 7 -iti.-A 0/ -(_- Notary Public NkN(OLA8IMIIPLJE NOTARY PUSLlC STATE OF COLORADO NOTARY iD 20204036922 PIN COMA SSION EXPIRES 10-1441124 BOARD OF COUNTY COMMISSIONERS WELD COUNTY+,, COLORADO, t' FEB 0 12021 O O f -b3 27 Entity Information Entity Name* , SOLFLO COLLECTIVE Entity ID* O,00043162 Contract Name* ROAD MAINTENANCE AGREEMENT ZPAG20-0022 SOLFLO COLLECTIVE C O ERICA WALDEN „ Contract Status CTB REVIEW ❑ New Entity? Contract ID 4427 Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtrupllomartinez@weldgov c om , Parent Contract ID, Requires Board Approval YES Department Project # Contract Descnption ROAD MAINTENANCE AGREEMENT ZPAG20-0022SOLFLO COLLECTIVE C O ERICA WALDEN NO COLLATERAL REQUIRED Contract Description 2 Contract Type* AGREEMENT Amount* 20 00, Renewable. NO ` tomatic Renewal Grant IGA Department ' PUBLIC WORKS Department Email CM- PubhcWorksloweldgov corn Departrnent+Head Email CM-PublicWorks- DeptHeadrweldgov corn County Attorney BOB CHOATE County Attorney Email BCHOATE@CO WELD CO US Note Onl If -this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note ,the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Co ntract Dates Requested BOCC Agenda Due Date Date* 01 '30 2021 02;;03,2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? N0, Effe ctive Date Te rmination Notice Period ontact Information Review Date* 02,032022 Committed Delivery Date Renewal Date Expiration Date* 02 03 2023 i Contact Info Contact Name Contact Type Contact Email , Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 01'28'2021 Approval Process Department Head Finance Approver Legal Counsel JAY MCDONALD CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 01128+2021 01.28 2021 01 28 2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02 01'2021 Originator JTRUJILLOMARTINEZ Tyler Ref # AG 020121 • 4794834 01/18/2022 03 50 PM Total Pages 1 Rec Fee $13 00 Carly Koppes - Clerk and Recorder, Weld County , CO Statement of Authority The undersigned, as Trustee of The Enca Walden Trust, Dated January 14, 2022, hereby issues this statement pursuant to Colorado Revised Statutes § 38-30-108 5 and § 38-30-172. 1. The following Trust is the subject of this Affidavit The Erica Walden Trust, Dated January 14, 2022 2. The Erica Walden Trust, Dated January 14, 2022, is a revocable living trust formed under the laws of the State of Colorado by Erica P Walden, Grantor 3. The names and addresses of the currently acting Trustees are as follows Erica P. Walden 1030 County Road 15 Brighton, CO 80603 720-626-4518 4. Enca P Walden, the Trustmaker's, Social Security number will be used for tax identification and reporting purposes (^i 5. The Trustee is the person authorized to execute instruments conveying, encumbering, or otherwise affectmg title to real property on behalf of the Trust There are no limitations on the authority of the Trustee of the Trust concerning the manner in which the Trust deals with any interest in real property Dated January 14, 2022 ' , Enca P Walden, Trustee of The Enca Walden Family Trust, Dated January 14, 2022 The foregoing Statement of Authority was acknowledged before me on January 14, 2022, in Adams County, Colorado by Enca P Walden, Trustee of The Erica Walden Trust, Dated January 14, 2022 Witness my hand and official\seal. Notary ¶ublic I Pagel of1 ANDREW ST PIERRE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194022989 MY COMMISSION EXPIRES JUNE 17, 2023 rim ��eKui/ul►uKw,riiiaenrulrrl�a ei of DEVELOPMENT STANDARDS ne A (avincauura0 tone mHdn aaum• of aabmrlHon one N lade lownanaf ,D.euH•GY a oriole lopm n Suntl+rtla alalednaream ayp�el punmmle iiil�il i� a�s�e.:¢aa nos<i�e n�.iure io Clay pm ..e inimrn:•(is)Imemvnems`alban perw•eY y peen Ilme antl are Ilm led to once par calendar month n,n b•ma m.i ea w ns 22 a 2G b sad 2J E el m• wets ea nlY cad. n9 no,louf weetl> an Inv rile Dunuanl to Chapter IS Articl• lead II al tn• W,Id hall be mainninetl io mnlgHe any Imp,<Is to my pubs c road IncWJinp damapu and/or all a Iv iracYing b i Pal Ylnp or tlaori vncmaclrlcu`on ens CvunlaN hf of waarYlnq shall b• m liied r YoccuDY an D Y Y 9 Yvr wsemenl shHl acqulh an appnred Rlphl of Way Use Parmll prior to `nee flvad HtT:ne.ncv Apreemvnl tlbaan mcwainv. nl. ria t,nd Donibl. Updates <lade these waste epeal tally i lugillvdual lu911 parliculaly amiss on; blowinpc IL Article l,l Ihv W Id CoonlY Cetl• I should comply wiln the Colorado Nr GualilY Commla tsM1in0. and la IN lac tole, aM1all be pis IdeO for emDloYe¢s arW patrons al aU lime, A permanent adeeuala wH¢r supply na�menl i °arpaau a Yslem lanletl en ine pmpenYmaNwmplYwm all pro lslana vl Inv Weld Co my Lvd•perlalninp to On al• i1N„¢a sD Ihal ligqht nn wig rim awn• a r¢<NY sine ae,anm pnp¢mas wnen aurn woam nos.. nw„nc• Dr Inlenara Qe I•f in a<urtlane minlMplart Na ln•rinadre[L oar nllMetl lipnllrom any llphlsourcemayaeab+lnllichatard n pubLc o pinata Nnelr Na celand 1 phlf may 6• used wn N may be contused won. or [enalru•d a; Iralhc control bo d lcM1lo aro erpv, dlotllkrenl hanrtli In lneevunlY than In an urban ar,uburban wllinp Farm Cleo pmenl and'Il held vpulDmenl p rid ;end irripauen burmna electrlul power ter pumps and Cenlrt pwol auratlons nipn rpeed Irallltvandburs punclor• rhea I•rn anal Iarm daps and L es ock and open q present rut InnHs Cenlrell rip cis larens aniritl•s la Impenfnt not only br Ihelr nlely but also for 1M prelectlon of Ine termer • Inebh„a aappro vplcvinPubUc WerYl; aSd W Elric Nua I�intl`En �nnmvnl l,Nll p W Cad• rina out on the DropertY wmplY vnih ilia Contl Uvnf olA 9nntea _ Dpro al antl Iwernad 6, the lore^oin9 an darns antl all apphubly Weld CcunlY 0 velopm,m SWeardapan p`I ollll•d Anwa•dm pnmey pa leg Irad Ithe lorepolnp 0arelopment SHndards Noncomp0anc•wnh any of lh• natl mSenvan 3lt`dO oflNs Caae I ine us• alter • ionin9 P•mut has p se vices oDsen air nci :Ycree bina DEvn l:ini suN :ielsiononuin�.'In: a 8iard al eoun`Icy Camlmlaalenerallor�la rovlewianJ decision TN slop �anl aM1ill lennlnp Senicu may permit minor ammtlm en ma xe..ra sia�i :`n ne�.baanahlain�uurc.a E. auee tai me:lae: �omml: n oa al ine stale lacy a crll cat sherta9e al such de aslla antl (c) sucn tlep f aucA deposits antl nose mr lean practicabla Elsrupl on al Ilia acelep Mineral ra,vurce locatlonaanwaeapnad lnroughv Ilh•CvuntY antlpenenmorhp Into lnen,rna muslrewpmi•IM various imp+n,auocialed with Nit tlry•l,pm•nt Open limes mineral refource s lea are toed la Ne r p¢eprapnical end p•aphytiul butlens Nor•wvr Ihue roaeurte, are prolecnd prap.ny rigors and mm•nl pwn•n anoald be anaraea ine opvon ntymannn m•minenlrnoane RIGHTTO FAgM STATEHEHT Weld C IM Uniletl stales lyplully nnYln Iyny'' G awE,4f `inclue n9 [anNclft r�llr Ina mcmuYn wNra awact are.n l arm sPhe •andwryvlbl< WunoN Walar M1aa beery arW nnlinuea Iv be Iha III¢Ilne ter Ine aprlcaltunl eammunity II la unrn4alic to aesum• that a ichva and resarvoln may simply by mo vd eiano: laaesyorlallmtalrucluresl untvaallliaYnave a`n adlutllice�ed rlphl to Ine wa`Il�r ra and naldann moat realise Iney cannot laN water Irom Irripallan Parcel No 1469-29-0-00-001 ZPAG2 -1oza Franklin Corbin III and Erica Paige Walden SOLFLO COLLECTIVE Located in the SW4 of Section 29, Township 1, Range 67 West of the 6th P M , Weld County, Colorado LEGAL DESCRIPTION PROPERTY OWNERS CERTIFICATE Subdnision Exemption SE 133 being a part al the 5Wd of Section 39 Township I North flange 69 Wesl of the 6Ih P M Weld W the anaoa 9ned cent County Colorado per Board al County Commissioners flesolution recorded September l5 1980 reception R 1836104 h inn man an snip aJ aerNopmem ennaam n• And as described in Exhibit A within Clod Claim Deed recorded July 10 2020 recepllon no 4606846 being up. 23 al f seal mare particularly described as - --' - - •areas°r? a /J /%Q� ee0lnning at the southwest corner of said Section 29 Ihence north 00 0000 Weal along the west Ilnp of sold southwest gaACnYUpCa•�rWnqi'--�(�/(�/ rte quarter a tllalance pl 21100 leer Ihen<o south 89 46To east parallel with the south Ilne al said coulhwesl arler a distance 3:ii 0 1egt Ihence south 00 0090 earl parallel wdh said west hoe southwest one quarter a The s. Cochin Si nc qu distance o12T100 leel to a point on the tooth hoe pl said southwest one quarter Ihence north B9 66'10 west along Bald south hoe a distance o335001ee1 Io IAe beginning County of Weld Stale of Colorado Conlalning appronmately 201 acres press and 162 acres net q fc'SnC/jrt CiIQ.A /y/ ru.• ��,,,,. WITNESS my sand antl allicul real VICINITY MAP Nrcemmia,en •.Dnr iola3ll nonnwbuc rv1 i tkiYI Y Yr, DEPARTMENT OF PLANNING SERVICES ADMINISTRATIVE REVIEW CERTIFICATE Ginner of Plea... S•rnc•a trio to epainp canUlcale was acYna TS'S s td WINESS myhantl and alhcYl seal iv04\Pi i I1FJ' 'C DfLLlD1iDG ,,Lssrmmvecrcar i A(uLJ EA' to ar to 2BLI ISheet 1 of 2 North of and adjacent to County Road 4, east of and adjacent to County Road 15 1 1030 County Road 15, Brighton, CO 80603 iuoKailracvmiutta mal ZP 620-0 22 Franklin Corbin III and Erica Paige Walden SOLFLO COLLECTIVE Located in the SW4 of Section 29, Township 1, Range 67 West of the 6th P M , Weld County, Colorado Not a Part PIN 146929300005 ns 395 - - - Eatt �y NesNentulf Gmmnclal y+ceu pA ��veu� ntq xn9 1.3 !V O A � z.. � 3d n7oy O m Y�o C d 39- l ra Proposed Strudote,l (SporTZ'l and Storage) 9 3000 SF , Il°11 I P.erd�J.vaW�N > hnJMw tW3l.Q.p © ^J elY r ,r FxisUny Revderiee rl .0100, W©® 00n0 0.3 O �-v oDaner.nE Rv�.wa .n,. bprvwa.nl 2 02 Acres Gross 1 62 Acres Net / :o �3ba.E NI aApprulmauedgeol r tling lbu klg nel roadway\ � DluWme, lluf Plan lfaryaplll[rt{petmu,bn of lbet bIRI DteMTba dltrolaau�AplataM It net loe ionttiucbon ppporA All dM[ntlont and laeatlont of Ilemt at Ypl,tea on INt Dl,n art eppiminute uluny IDCDm, and a wry y mwld ne done D lotlo9nyaumd>. to of me p�opa,y County Road 4 60 -feet Right of way Clerk and RxOrder ek a3 Page 356 Not Part PIN 146932000006 PARKING DETAILS (PeoPatedl ® Pv, 1%,w&.ea,uwW wt.gv.alp 1� (1 i LEGEND t�1 enNMi 2,7 Sheet 2 of 2 Parcel No 1469-29-0-00-001 North of and adjacent to County Road 4, east of and adjacent to County Road 15 1030 County Road 15, Brighton, CO 80603 From E W <ewah8711(ajgmail com> Sent Tuesday, June 24, 2025 2 54 PM To Jazmyn Trujillo Martinez <itrulillomartinezWweld goy>, Dawn Anderson <drandersonjSjweld non>, Ryan Walden <303grappleragmail com> Subject ZPAG20-0022 This Message Is From an Untrusted Sender You have not previously corresponded with this sender Use extra caution and avoid replying with sensitive information, clicking links, or downloading attachments until their identify is venfied Hello, I received a letter from the Department of planning services about a proportional share project for 2025 We recently closed our business down as of May 31, 2025 I'm happy to send you The communication with our member base about our closure Our business is also permanently closed on Google Once our taxes are filed for the last year, we will be dissolving the LLC Let me know what you need as far as documentation to show that SOLFLO Jiu Jitsu is no longer operating and therefore not responsible for a percentage of the project Thank you, Erica Paige Walden 720 626 4518 O Hello